HomeMy WebLinkAboutResolution No. 2022-19KENAI
CITY OF KENAI
RESOLUTION NO. 2022-19
Sponsored by: Administration
A RESOLUTION OF THE CITY OF KENAI, ALASKA, APPROVING THE VACATION OF 20'
PUBLIC STREET EASEMENTS ADJOINING THE SOUTH BOUNDARY AND NORTHWEST
BOUNDARY OF LOT 1, TOYON SUBDIVISION AS GRANTED BY PLAT K-1592, AND IS
LOCATED WITHIN THE SE1/4 OF SECTION 6, TOWNSHIP 5 NORTH, RANGE 11 WEST,
SEWARD MERIDIAN, ALASKA, AND DETERMINING THE EASEMENT IS NOT NEEDED FOR
A PUBLIC PURPOSE.
WHEREAS, on January 26, 2022, by Resolution No. PZ2022-03 the Kenai Planning and Zoning
Commission recommended that the Kenai Peninsula Borough Planning Commission approve of
the preliminary plat of Toyon Subdivision 2021 Replat with a vacation of the twenty -foot (20')
public street easements as dedicated on the plat of Lot 1, Toyon Subdivision; and,
WHEREAS, on February 28, 2022, the Kenai Peninsula Borough Planning Commission
consented to the vacation of the easements dedicated on the plat for Toyon Subdivision; and,
WHEREAS, there is no needed public use for the twenty -foot (20') public street easements; and,
WHEREAS, on March 2, 2022, the Kenai Peninsula Borough submitted a letter to the Kenai City
Council requesting consideration of the vacation in accordance with Alaska Statutes 29.40.140
that requires the consent of the City Council prior to vacation of city easements; and,
WHEREAS, Kenai Municipal Code 22.05.110 - Determination as to need for public use, states
City Council may vacate rights-of-way or easements by resolution.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA,
as follows:
Section 1. The 20' public street easements adjoining the south boundary and northwest
boundary of Lot 1, Toyon Subdivision as granted by Plat K-1592, and is located within the SE1/4
of section 6, Township 5 North, Range 11 West, Seward Meridian, Alaska is not needed for a
public purpose and the Council of the City of Kenai consents to the vacation of the twenty -foot
(20') public street easements.
Section 2. That this Resolution takes effect immediately upon passage.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, THIS 16TH DAY OF MARCH,
2022.
Brian Gabriel Sr., Mayor
_--ATTEST:
Michell aner, MMC, City Clerk
New Text Underlined; [DELETED TEXT BRACKETED]
KENAI
City of Kenai 1 210 Fidalgo Ave, Kenai. AK 99611-77941907.283.7535 1 www.kenaixity
V T,IIli ;Aa U -51111a
TO: Mayor Brian Gabriel and Kenai City Council
THROUGH: Paul Ostrander, City Manager
FROM: Ryan Foster, Planning Director
DATE: March 9, 2022
SUBJECT: Resolution No. 2022-19 — Approving Vacation of 20' Public Street
Easements for Toyon Subdivision 2021 Replat
On January 26, 2022, the Planning and Zoning Commission passed Resolution PZ2022-03
recommending the approval of the Toyon Subdivision 2021 Replat subject to the following
condition: 2. The Kenai City Council must declare that the two 20' public street easements to be
vacated are not needed for a public purpose and approve the vacation of the 20' public street
easements as shown on the preliminary plat.
The preliminary plat of the Toyon Subdivision 2021 Replat shows a vacation of the twenty -foot
(20') public street easements dedicated on the plat adjoining the south boundary and northwest
boundary of Lot 1, Toyon Subdivision as granted by Plat K-1592. The Kenai Peninsula Borough
Planning Commission consented to the vacation of the 20' public street easements on February
28, 2022.
In accordance with Alaska Statutes 29.40.140, no vacation of a City right-of-way and/or easement
may be made without consent of the City Council. Kenai Municipal Code 22.05.110,
Determination as to the need for public use the Kenai City Council may vacate rights-of-way or
easements by resolution. Council approval of Resolution No. 2022-19 would approve the vacation
of the subject 20' public street easements.
Thank you for your consideration.
Attachments
Letter from Kenai Peninsula Borough on March 2, 2022
Pertinent Materials from Borough Planning Commission Meeting February 28, 2022
City of Kenai Planning and Zoning Commission Resolution PZ2022-03
Preliminary Plat identifying recommended vacation of 20' public street easements
Charlie Pierce
Borough Mayor
March 2, 2022
Kenai City Council
210 Fidalgo Avenue
Kenai, AK 99611
RE: Vacate 20' Public Street Easements Adjoining the South Boundary & Northwest Boundary of Lot 1,
Toyon Subdivision as Granted by Plat K-1592
Dear Kenai City Council Members
In accordance with AS 29.40.140, no vacation of a city right-of-way and/or easement may be made without
the consent of the city council. The KPB Planning Commission approved the referenced right-of-way
vacation during their regularly scheduled meeting of February 28, 2022. This petition is being sent to you
for your consideration and action.
The City Council has 30 days from February 28, 2022 in which to veto the decision of the Planning
Commission. If no veto is received from the Council within the 30 -day period, the decision of the Planning
Commission will stand.
Attached are draft, unapproved minutes of the pertinent portion of the meeting and other related material.
Sincerely,
Melanie A schliman
Planning Director
Kenai Peninsula Borough
Attachments:
Unapproved PC Meeting Minutes
Meeting Packet Materials
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KENAI
CITY OF KENAI
PLANNING AND ZONING COMMIT
RESOLUTION NO. 2022-03
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF
KENAI RECOMMENDING THAT TOYON SUBDIVISION 2021 REPLAT ATTACHED
HERETO BE APPROVED
WHEREAS, the City of Kenai received the plat from Edge Survey and Design and,
WHEREAS, the plat meets Municipal Code requirements of the Townstle Historic (TSH); and,
WHEREAS, street names are referenced correctly; and,
WHEREAS, access is provided via Alaska Avenue, which is a paved, City maintained road; and
WHEREAS, City, water and sewer lines are located along Mission Avenue; and,
WHEREAS, the Planning and Zoning Commission finds:
1. Pursuant to Kenai Municipal Code 14.10.070 Subdivision design standards, the plat
conforms to the minimum street widths, easements are sufficiently provided for utilities,
the proposed lot would be arranged to provide satisfactory and desirable building sites,
and the preliminary plat meets standards for water and wastewater.
2. Pursuant to Kenai Municipal Code 14.24.010 Minimum lot area requirements, the
proposed lots meets City standards for minimum lot sizes.
3. Pursuant to Kenai Municipal Code 14.24.020 General Requirements, the proposed lots
meet City standards for minimum lot width, maximum lot coverage, maximum height, and
setbacks.
NOW, THEREFORE, BE IT RECOMMENDED BY THE PLANNING AND ZONING COMMISSION
OF THE CITY OF KENAI, ALASKA:
Section 1. That the preliminary plat of Toyon Subdivision 2021 Replat be approved subjectto
the following conditions:
1. Further development of the property shall conform to all federal, State of Alaska, and local
regulations.
2. The Kenai City Council must declare that the two 20' public street easements to be
vacated is not needed for a public purpose and approve the vacation of the 20' public
street easements as shown on the preliminary plat.
Resolution No. PZ2022-03
Page 2 of 2
PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA,
this 26th day of January, 2022.
JEFr VMIt, CHAIRPERSON
ATTEST K—\
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