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Home My WebLink AboutResolution No. 2022-33KENAI CITY OF KENAI RESOLUTION NO. 2022-33 Sponsored by: Administration A RESOLUTION APPROVING THE VACATION OF A 60' WIDE RIGHT OF WAY AND ASSOCIATED UTILITY EASEMENTS IN JAYNES SUBDIVISION, BIG MIKE'S ADDITION, AS GRANTED BY PLAT K- 2015-99, AND BRIDGE ROAD SUBDIVISION 2019 REPLAT AS GRANTED BY PLAT K-2020-15, LOCATED WITHIN SECTION 4, TOWNSHIP 5 NORTH, RANGE 11 WEST, SEWARD MERIDIAN, ALASKA, AND DETERMINING THE RIGHT OF WAY AND UTILITY EASEMENTS ARE NOT NEEDED FOR A PUBLIC PURPOSE. WHEREAS, on March 23, 2022, by Resolution No. PZ2022-07 the Kenai Planning and Zoning Commission recommended that the Kenai Peninsula Borough Planning Commission approve of the preliminary plat of Jaynes Subdivision 2022 Replat with a vacation of the sixty -foot (60') wide right of way and associated utility easements as dedicated on the plat of Jaynes Subdivision Big Mikes Addition as granted by Plat K-2015-99 and Bridge Road Subdivision 2019 Replat as granted by Plat K-2020-15; and, WHEREAS, on April 25, 2022, the Kenai Peninsula Borough Planning Commission consented to the vacation of the 60' wide right of way and associated utility easements dedicated on the plat for Jaynes Subdivision Big Mikes Addition as granted by Plat K-2015-99 and Bridge Road Subdivision 2019 Replat as granted by Plat K-2020-15; and, WHEREAS, there is no needed public use for the sixty -foot (60') wide right of way and associated utility easements; and, WHEREAS, on April 27, 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 right of way and 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: Section 1. The 60' wide right of way and associated utility easements as dedicated on the plat of Jaynes Subdivision Big Mikes Addition as granted by Plat K-2015-99 and Bridge Road Subdivision 2019 Replat as granted by Plat K-2020-15 and is located within Section 4, 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 sixty -foot (60') right of way and associated utility easements.. Section 2. That this Resolution takes effect immediately upon passage. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, THIS 18TH DAY OF MAY, 2022. ATTEST: Brian Gabriel Sr., Mayor New Text Underlined; [DELETED TEXT BRACKETED] Resolution No., 2-33 Pa Miohe a Sane C, City Clerk New Text Underlined; [DELETED TEXT BRACKETED] I ov KENAI City of Kenai 1210 Fidalgo Ave, Kenai, AK 99611-7794 1907.283.7535 1 www.kenaixity MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council THROUGH: Paul Ostrander, City Manager FROM: Ryan Foster, Planning Director DATE: May 9, 2022 SUBJECT: Resolution No. 2022-33 — Approving the Vacation of 60' wide Van Antwerp right-of-way and associated utility easements On March 23, 2022, the Planning and Zoning Commission passed Resolution PZ2022-07 recommending the approval of the Jaynes Subdivision 2022 Replat subject to the following condition: 2. The Kenai City Council must declare that the Van Antwerp 60' wide right of way and 25' of utility easement's to be vacated is not needed for a public purpose and approve the vacation as shown on the preliminary plat. The preliminary plat of the Jaynes Subdivision 2022 Replat shows a vacation of the thirty-foot (30') right of way and 15' utility easement dedicated on the plat of Jaynes Subdivision Big Mikes Addition as granted by Plat K-2015-99 and thirty-foot (30') right of way and 10' utility easement dedicated on the plat of Bridge Road Subdivision 2019 Replat as granted by Plat K-2020-15. The Kenai Peninsula Borough Planning Commission consented to the vacation of the 60' wide right of way and associated utility easements on April 25, 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 this Resolution would approve the vacation of the subject 60' right of way and associated utility easements. Thank you for your consideration. Attachments Letter from Kenai Peninsula Borough on April 27, 2022 Pertinent Materials from Borough Planning Commission Meeting April 25, 2022 Preliminary Plat identifying recommended vacation of 60' wide right of way and utility easements City of Kenai Planning and Zoning Commission Resolution PZ2022-07 April 27, 2022 Kenai City Council 210 Fidalgo Avenue Kenai, AK 99611 Binklev Street, Soldotna, Alaska 99669 Charlie Pierce Borough Mayor RE: Vacation of a portion of 60' wide Van Antwerp right-of-way and associated utility easements KPB File 2022-040 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 April 25, 2022. This petition is being sent to you for your consideration and action. The City Council has 30 days from April 27, 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, ✓V d_tG .. Marcus Mueller Land Management Officer Kenai Peninsula Borough Attachments: Unapproved 4/25/22 PC Meeting Minutes Et - Meeting Packet Materials - me i c , r� i LC L Cl Q a s a� 0 L MO W C a e e - me i 7 , i Cl W O C O cn .ti O N 01 O C N N Ln O CL O L LL N C m � Y H Y c N E ru d a� 0 rn c 'c c ra CL s o+ 3 O O 3 a cm G L Y a ow 0 -sib X -- JL - , l —L W a a LU W 3 z z l + a z a r II II ill I II II II II 19� .I 'I I I I ;rill I w 111 I I @I m I II l I�, l e� � VANANIWEV AVEID'IJN ��:� I YN,% NNRT -a vxlxmNAv \ C@Tf1UiFOfOWIJEESNi)µDOEdC"T10N \ '`D nwwnmusaunwum..,Y.wwvexa �, owYYw°Y,n:YY+w a.DEA<I y W W Vµ ANRM1EEpAYE \ C" \ I YN,% NNRT -a vxlxmNAv \ C@Tf1UiFOfOWIJEESNi)µDOEdC"T10N \ '`D nwwnmusaunwum..,Y.wwvexa �, owYYw°Y,n:YY+w Vµ ANRM1EEpAYE \ C" \ < SCA"rt-Vq \ \ \ \ \ aM'.:._. n.wi.u. w,,..w.Fl.0 ms.rvw, • tum.wlw,.D .. �� e `� Y4VRVUiEA C6P�I4, ® o InY YN,% NNRT -a vxlxmNAv C@Tf1UiFOfOWIJEESNi)µDOEdC"T10N '`D nwwnmusaunwum..,Y.wwvexa �, owYYw°Y,n:YY+w 3 ,�... 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W � I r W anwau em J file - — -1 6urnvpEavu � .� KENAI CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. 2022-07 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI RECOMMENDING THAT JAYNES SUBDIVISION 2022 REPLAT ATTACHED HERETO BE APPROVED WHEREAS, the City of Kenai received the plat from McLane Consulting and, WHEREAS, the plat meets Municipal Code requirements of the Heavy Industrial (HI) District; and, WHEREAS, street names are referenced correctly; and, WHEREAS, access is provided via Bridge Access Road, which is a paved, State of Alaska maintained road; and WHEREAS, City water and sewer lines are located along Bridge Access Road; and, WHEREAS, the Planning and Zoning Commission finds: 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 Jaynes Subdivision 2022 Replat be approved subject to the following conditions: 1. Further development of the property shall conform to all federal, State of Alaska, and local regulations. Resolution No. PZ2022-07 Page 2 of 2 2. The Kenai City Council must declare that the Van Antwerp 60' right of way and 25' of utility easement's to be vacated is not needed for a public purpose and approve the vacation as shown on the preliminary plat. 3. The City of Kenai requests notification of the schedule for construction of the 60' dedicated rights of way starting at Childs Avenue. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, this 23rd day of March, 2022. F tWAIT, CHAIRPERSON ATTEST: Michelle M. Saner, MMC, City Clerk