HomeMy WebLinkAboutResolution No. 2023-49Sponsored by: Administration
CITY OF KENAI
RESOLUTION NO. 2023-49
A RESOLUTION DECLARING THE RIGHTS -OF -WAY OF CHAR CIRCLE AS DEDICATED ON PARK
VIEW SUBDIVISION (PLAT NO. KN 79-156) AND CITY PARK SUBDIVISION NO. 2 (PLAT NO. KN
2007-149) AND A PORTION OF S. SPRUCE STREET AS DEDICATION ON PARK VIEW SUBDIVISION
(PLAT NO. KN 79-156) ARE NO LONGER NEEDED FOR A PUBLIC PURPOSE AND CONSENTING
TO VACATION OF THE RIGHTS -OF -WAY.
WHEREAS, the City received a preliminary plat from McLane Consulting, Inc., on behalf of the Boys &
Girls Club of the Kenai Peninsula for a parcel merger with right-of-way vacations of Char Circle and a
portion of S. Spruce Street; and,
WHEREAS, on July 26, 2023, the Planning and Zoning Commission passed Resolution PZ2023-13
recommending that Kenai Peninsula Borough Planning Commission approve the preliminary plat for City
Park 2023 Replat with vacation of Char Circle and exclude the portion of S. Spruce Street; and,
WHEREAS, the total area of the right-of-way vacations is approximately 0.96-acre as shown in Exhibit
A; and,
WHEREAS, on August 2, 2023, City Council postponed Resolution No. 2023-49 to September 6, 2023
at the request of an affected property to address concerns on access with the Boys & Girls Club of the
Kenai Peninsula; and,
WHEREAS, on September 6, 2023, a postponement was granted by Council to bring the matter back to
Planning and Zoning Commission at their September 13, 2023 meeting for their recommendation on the
revision to the ROW vacations; and,
WHEREAS, on September 13, 2023, the Planning and Zoning Commission passed Resolution PZ2023-
17 recommending that Kenai Peninsula Borough Planning Commission approve the preliminary plat for
City Park 2023 Replat with vacations of Char Circle and a portion of S. Spruce Street; and,
WHEREAS, Kenai Municipal Code Section 22.05.110, Determination as to need for public purpose,
states City Council will determine whether rights -of way is needed for a public purpose by resolution; and,
WHEREAS, the Boys & Girls Club of the Kenai Peninsula has stated the request for the right-of-way
vacations is to enable them to maximize development as presented in Ordinance 3287-2022 for facilities
for youth sports, recreation, education, after school care and other youth activities; and,
WHEREAS, the right-of-way vacations of Char Circle and a portion of S. Spruce Street will not negatively
affect public access; and,
WHEREAS, it is determined that Char Circle and a portion of S. Spruce Street as identified in Exhibit A
are no longer needed for a public purpose.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA:
Section 1. That Char Circle as dedicated on Park View Subdivision (Plat No. KN 79-156) and City
Park Subdivision No. 2 (Plat No. KN 2007-149) and a portion of S. Spruce Street as dedication on Park
New Text Underlined; [DELETED TEXT BRACKETED]
Resolution No. 2023-49
Page 2 of 2
View Subdivision (Plat No. KN 79-156) are no longer needed for a public purpose and consenting to
vacation of the rights -of -way as identified in Exhibit A.
Section 2. That this Resolution takes effect immediately upon passage.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, THIS 20TH DAY OF SEPTEMBER,
2023.
rian Gabriel Sr., Mayor
ATTEST:
Miche e . S r, C, City Clerk
New Text Underlined; [DELETED TEXT BRACKETED]
�rINAI
City of Kenai 1 210 Fidalgo Ave, Kenai, AK 99611-7794 1 907.283.7535 1 www.kenaixity
MEMORANDUM
TO: Mayor Gabriel and Council Members
THROUGH: Terry Eubank, City Manager
FROM: Linda Mitchell, Planning Director
DATE: July 25, 2023
SUBJECT: Resolution 2023-49 — Consenting to the Right -of -Way Vacations of Char
Circle as Dedicated on Park View Subdivision (Plat No. KN 79-156) and
City Park Subdivision No. 2 (Plat No. KN 2007-149) and a Portion of S.
Spruce Street as Dedication on Park View Subdivision (Plat No. KN 79-
156).
On July 26, 2023, the Planning and Zoning Commission passed Resolution PZ2023-13
recommending the approval of the City Park 2023 Replat subject to the following condition: 1.
Kenai City Council must consent to the right-of-way (ROW) vacations of Char Circle and a portion
of S. Spruce Street are not needed for a public purpose and approve the ROW vacations as
shown on the proposed preliminary plat. The total area of the ROW vacations is approximately
0.719 acre.
As noted in the applicant's letter of intent, the ROW vacations will not impact the public travel and
will accommodate private access to an adjacent parcel to the south. In addition, the pending
improvements include a new commercial kitchen, multi -purpose field, a 10,000 square foot
clubhouse, and a building expansion for early education center to be opened in 2024.
In accordance with Alaska Statutes § 29.40.140(b), no vacation of a City right-of-way and/or
easement may be made without consent of the City Council. Furthermore, Kenai Municipal Code
Section 22.05.110 states City Council will determined the reason of the land to include but not
limited to rights -of way or easement is no longer needed for a public purpose by resolution. This
resolution will consent to the right-of-way vacations of Char Circle and a portion of S. Spruce
Street.
Thank you for your consideration.
Attachments
Exhibit A — Preliminary Plat, City Park 2023 Replat
Aerial Map
Applicant's Letter of Intent
Resolution PZ2023-13
Park View Subdivision (Plat No. KN 79-156)
City Park Subdivision No. 2 (Plat No. KN 2007-149)
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Resolution No. 2023-49
Right -of -Way Vacations of
Char Circle and a Portion of S. Spruce Street
N Map for Reference Only
NOT A LEGAL DOCUMENT
0 80 160 320 Feet
Subject Parcels
Proposed ROW Vacations
Parcels
Olt 4
Date Printed: 7/25/2023
July 2&, 2023
City of Kenai
210 Fidalgo Avenue
Kenai. AK 9961I
Planning & Zoning
The Boys & Girls Clubs of the Kenai Peninsula is grateful to continue our
partnership with the City of Kenai on our new headquarters campus. We are
excited to implement the first phase of many capital projects to come.
The ROW vacation will enable the Club to maximize development as
discussed during the City's land donation, The ROW vacation will not
impact the public travel and will accommodate private access to an adjacent
parcel.
Pending improvement include a new commercial kitchen, multi -purpose
field, a 10,000 square foot Clubhouse, and a building expansion for early
childcare education center (Opening in 20241)
Thanks to your support, in 2022, our seven Clubs and athletic department
served 2,500 youth in S communities. In, addition, we provided 62,000
meals after -school and during times schools were not in session, including
winter, spring and summer camps; you have enabled us to provide essential
resources and programs.
Sincerer
leDo ifica, Board Presi ed nt
`" oys & Girls Clubs of the Kenai Peninsula
Ambassadorof Yo_ u!h
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Jeff Dolft. President
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Lela Rosin, Treasurer
Kyle Komelis, secretary
Chris Hough, Past President
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Ksario Wile
Ryan Tunseth
Kristen Lee
Shanda Richards
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KENAI
CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION NO. PZ2023-13
A RESOLUTION RECOMMENDING THAT CITY PARK SUBDIVISION 2023 REPLAT
PRELIMINARY PLAT ATTACHED HERETO BE APPROVED.
PROPERTY ADDRESSES: 320 and 330 S. Spruce Street
LEGAL DESCRIPTIONS: Tract A, Park View Subdivision (Plat No. KN 79-156) and Tract
A, City Park Subdivision No. 2 (Plat No. KN 2007-149)
KPB PARCEL NUMBERS: 04701018, -28
WHEREAS, the City of Kenai received a preliminary plat from McLane Consulting, Inc. on behalf
of the property owner, Boys & Girls Club of the Kenai Peninsula; and,
WHEREAS, the plat meets Kenai Municipal Code (KMC) preliminary plat requirements and
development requirements for the Suburban Residential (RS) and Urban Residential (RU) zoning
districts; and
WHEREAS, the street name is referenced correctly; and,
WHEREAS, the merged parcels will have access via S. Spruce Street, which is a City -maintained
road; and
WHEREAS, City water and sewer lines are available to the proposed parcel; and,
WHEREAS, an installation agreement is not required; and,
WHEREAS, the Planning and Zoning Commission recommends City Council approve the
vacation of Char Circle and exclude the portion of S. Spruce Street; and,
WHEREAS, the Planning and Zoning Commission finds:
1. Pursuant to KMC 14.10.070 Subdivision design standards, the plat conforms to the
minimum street widths, easements are sufficiently provided for utilities, the proposed
subdivision would provide satisfactory and desirable building site, and the on -site water
and sewer system will be subject to the regulatory requirements of the Public Works
Department.
2. Pursuant to KMC 14.24.010 Minimum lot area requirements, the proposed parcel meet
City standards for minimum lot sizes in the subject zoning districts.
Resolution No. PZ2023-13
Page 2 of 2
3. Pursuant to KMC 14.24.020 General Requirements, the proposed parcel meet City
standards for minimum lot width and utility easements. Compliance with the maximum lot
coverage, maximum height, and setbacks will be reviewed during the building permit
review.
NOW, THEREFORE, BE IT RECOMMENDED BY THE PLANNING AND ZONING COMMISSION
OF THE CITY OF KENAI, ALASKA:
Section 1. That the preliminary plat of City Park Subdivision 2023 Replat for a parcel merger
of Tract A, City Park Subdivision No. 2 and Tract A, Park View Subdivision with right-of-way
vacation of Char Circle be approved subject to the following condition.
1. Kenai City Council must consent to the vacation of a City right-of-way is not needed for a
public purpose and approve the vacation of Char Circle and exclude the portion of S.
Spruce Street.
PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA,
this 26t' day of July, 2023.
JEFF TWAIT, CHAIRPERSON
ATTEST:
Meghan Thibodeau, Deputy City Clerk
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City of Kenai 1210 Fidalgo Ave, Kenai, AK 99611-7794 1907.283.7535 1 www.kenaixity
MEMORANDUM
TO: Mayor Gabriel and Council Members
THROUGH: Terry Eubank, City Manager
FROM: Linda Mitchell, Planning Director
DATE: July 28, 2023
SUBJECT: Resolution 2023-49 Planning and Zoning Commission Recommended
Amendment
At the regularly scheduled Planning and Zoning Commission meeting of July 26, 2023, the
Commission unanimously voted to recommend that the City Council approved the right-of-way
vacation of Char Circle and exclude the portion of S. Spruce Street.
If the City Council agrees with the recommendation of the Planning and Zoning Commission the
following amendment to Resolution 2023-49 is in order.
Motion
• Amend the Title to read:
"A RESOLUTION DECLARING THE RIGHTS -OF -WAY OF CHAR CIRCLE AS DEDICATED
ON PARK VIEW SUBDIVISION (PLAT NO. KN 79-156) AND CITY PARK SUBDIVISION NO.
2 (PLAT NO. KN 2007-149) [AND n PORTION OF S. CPp1 GE CTRCFET eC DEDIG TION
ON PARKVIEtnr Ci iQPIVISIGN (PLAT nin KN17A-1 6) RF=] IS NO LONGER NEEDED FOR
A PUBLIC PURPOSE AND CONSENTING TO VACATION OF THE RIGHTS] -OF -WAY."
• Amend the third Whereas clause to read:
"WHEREAS, the total area of the right of way vacation is approximately .39-acre
of Ghar Circle as shown in Exhibit A; and,"
• Amend the sixth Whereas clause to read:
"WHEREAS, the right-of-way vacation{$] of Char Circle [AND n onoTIGN OF S. Cool GE STREET]
will not negatively affect public access; and,"
• Amend the seventh Whereas clause to read:
"WHEREAS, it is determined that Char Circle [AND A PORTIGN O S. S,c- RUGE-STREET7 as
identified in Exhibit A f*a E} is no longer needed for a public purpose."
• Amend Section 1, to read:
"That Char Circle as dedicated on Park View Subdivision (Plat No. KN 79-156) and City Park
Subdivision No. 2 (Plat No. KN 2007-149)
DE6 G TIGN DEDIG Tcn GN PARK VIEW S BDIVISIGN (Pi nT NE) KN 7-9 15 ) noel is no longer
needed for a public purpose and consenting to vacation of the right{s]-of-way as identified in
Exhibit A."
Thank you for your consideration.
KFNAI
_._, ...enai 1 210 Fidalgo Ave, Kenai, AK 99611-7794 1 907.283.7535 1 www.kenai.city
MEMORANDUM
TO: Mayor Gabriel and Council Members
THROUGH: Terry Eubank, City Manager
FROM: Linda Mitchell, Planning Director
DATE: September 14, 2023
SUBJECT: Resolution No. 2023-49 Requested Amendment
The purpose of this memo is to request an amendment to Resolution No. 2023-49 to reflect
subsequent actions taken by City Council and Planning and Zoning Commission, and the change
in the area of the right-of-way (ROW) vacations.
At the regular scheduled City Council meeting of August 2, 2023, Council postponed Resolution
No. 2023-49 to September 6, 2023 at the request of an affected property owner to address
concerns on access with the Boys & Girls Club of the Kenai Peninsula to their property.
At the regular scheduled City Council meeting of September 6, 2023, Council granted a
postponement to bring the matter back to Planning and Zoning Commission at their September
13, 2023 meeting for their recommendation on the newly requested revision to the ROW vacations
At the regular scheduled Planning and Zoning Commission meeting of September 13, 2023, the
Planning and Zoning Commission passed Resolution PZ2023-17 recommending that Kenai
Peninsula Borough Planning Commission approve the preliminary plat for City Park 2023 Replat
with vacations of Char Circle and a portion of S. Spruce Street.
The area of the ROW vacations has slightly increased from 0.719-acre to 0.96-acre and within
the ROW vacation of S. Spruce Street, there will be a 50-foot in width, non-exclusive access and
utility easement to provide suitable access for the adjacentlaffected property to the south, 420 S.
Spruce Street.
The amendments on the following page are respectfully requested.
Motion
• Amend the third Whereas clause to read:
WHEREAS, the total area of the right-of-way vacations is approximately 0.96-acre as
shown in Exhibit A; and,
• Add fourth Whereas clause to read:
WHEREAS, on August 2. 2023- City Council postponed Resolution No. 2023-49 to
September 6. 2023 at the request of an affected property to address concerns on access with
the Boys & Girls Club of the Kenai Peninsula: and,
• Add fifth Whereas clause to read:
WHEREAS, on September 6. 2023, a postponement was granted by Council to bring the
matter back to Planning and Zoning Commission at their September 13, 2023 meeting for
their recommendation on the revision to the ROW vacations: and.
• Add sixth Whereas clause to read:
WHEREAS. on September 13. 2023, the Planning and Zoning Commission passed
Resolution PZ2023-17 recommending that Kenai Peninsula Borough Planning Commission
approve the reliminaplat for City Park 2023 Replat with vacations of Char Circle and a
portion of S. Spruce Street: and,
New Text Underlined; [DELETED TEXT BRACKETED]
Thank you for your consideration.
Attachments
Exhibit A — Proposed Right -of -Way Vacations
Aerial Map
Resolution PZ2023-17
Page 2 of 2
The City of Kenai I www.kenai.city
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KENAI
Resolution No. 2023-49
Right -of -Way Vacations of
Char Circle and a Portion of S. Spruce St.
N Map for Reference Only
NOT A LEGAL DOCUMENT
0 100 200 400 Feet
v
R
w
L:= Subject Parcels
Proposed ROW Vacations
Parcels
Date Printed: 9/14/2023
r
KENAI
CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION NO. PZ2023-17
A RESOLUTION RECOMMENDING THAT CITY PARK SUBDIVISION 2023 REPLAT
PRELIMINARY PLAT ATTACHED HERETO BE APPROVED.
PROPERTY ADDRESSES: 320, 330, and 420 S. Spruce Street
LEGAL DESCRIPTIONS: Tract A, Park View Subdivision (Plat No. KN 79-156), Tract A,
City Park Subdivision No. 2 (Plat No. KN 2007-149), and West
Half of the East Half of the Southeast Quarter of the Southwest
Quarter of the Northeast Quarter (WI/2 E1/2 SE1/4 SW1/4
NE1 /4) and East Half of the West Half of the Southeast Quarter
of the Southwest Quarter of the Northeast Quarter (E1/2 W 1/2
SE1/4 SW1/4 NE1/4) of Section 6, Township 5 North, Range 11
West, Seward Meridian lying Northwesterly of S. Spruce Street.
KPB PARCEL NUMBERS: 04701005, -18, and -28
WHEREAS, the City of Kenai received a revised preliminary plat from McLane Consulting, Inc.
on behalf of the property owner, Boys & Girls Club of the Kenai Peninsula for a parcel merger of
Tract A, City Park Subdivision No. 2 and Tract A, Park View Subdivision with right-of-way
vacations of Char Circle and a portion of S. Spruce Street, and execute a 50-foot in width, non-
exclusive access and utility easement to benefit the adjacent property to the south, 420 S. Spruce
Street; and,
WHEREAS, the preliminary plat, subject to the listed conditions, generally meets Kenai Municipal
Code (KMC) preliminary plat requirements and development requirements for the Suburban
Residential (RS) and Urban Residential (RU) zoning districts; and
WHEREAS, the street name is referenced correctly; and,
WHEREAS, the parcels will have access from the 50-foot non-exclusive easement to S. Spruce
Street, which is a City -maintained road; and
WHEREAS, City water and sewer lines are available to the parcels; and,
WHEREAS, an installation agreement is not required; and,
WHEREAS, the Planning and Zoning Commission finds:
1. Pursuant to KMC 14.10.070 Subdivision design standards, the preliminary plat, subject to
the listed conditions, conforms to the minimum street widths, provides utilities/access
easements, provides satisfactory and desirable building sites, and the on -site water and
Resolution No. PZ2023-17
Page 2 of 3
sewer systems will be subject to the regulatory requirements of the Public Works
Department.
2. Pursuant to KMC 14.24.010 Minimum lot area requirements, the preliminary plat meets
City standards for minimum lot sizes in the subject zoning districts.
3. Pursuant to KMC 14.24.020 General Requirements, the preliminary plat meets City
standards for minimum lot width and accesslutility easements. Compliance with the
maximum lot coverage, maximum height, and setbacks will be reviewed during the
building permit review.
4. The execution of a 50-foot in width, non-exclusive access and utility easement between
the affected parties provides adequate access for the future development/uses of the
subject parcels.
NOW, THEREFORE, BE IT RECOMMENDED BY THE PLANNING AND ZONING COMMISSION
OF THE CITY OF KENAI, ALASKA:
Section 1. That the preliminary plat of City Park Subdivision 2023 Replat for a parcel merger
of Tract A, City Park Subdivision No. 2 and Tract A, Park View Subdivision with right-of-way
vacations of Char Circle and the portion of S. Spruce Street be approved subject to the following
conditions.
1. The portion of S. Spruce Street to be vacated lies west of a straight line, starting at the
southeast comer of Tract A, City Park Subdivision No. 2 and ending at the southernmost
point of the dedicated S. Spruce Street in the Parlk View Subdivision.
2. Tract 2A will receive the vacation of S. Spruce Street on Government Lot 155.
3. Revised the preliminary plat to include the adjacent parcel located at 420 S. Spruce Street
(KPB Parcel No. 04701005) and identified as "Tract 213" to receive the vacation of S.
Spruce Street on Government Lot 157.
4. Include a Certificate of Ownership and Dedication for the parcel located at 420 S. Spruce
Street (KPB Parcel No. 04701005).
5. Update the ownership under the Certificate of Ownership and Dedication, Notary's
Acknowledgement, and Title Block for Tract A KN79-156.
6. Kenai City Council must consent to the right-of-way (ROW) vacations of Char Circle and
a portion of S. Spruce Street are not needed for a public purpose and approve the ROW
vacations as delineated on Exhibit A.
7. Execute a 50-foot in width, non-exclusive access and utility easement from Tract 2B to S.
Spruce Street.
PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA,
THIS 13T" DAY OF SEPTEMBER, 2023.
Resolution No. PZ2023-17
Page 3of3
id, Chairperson
ATTEST:
Meghan Thibodeau, Deputy City Clerk
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EXHIBIT
Resolution No. 2023-17
Right -of -Way Vacations of
Char Circle and a Portion of S. Spruce Street
-9900" r_--
Map for Reference Only
NOT A LEGAL DOCUMENT
0 100 200 400 Feet
k
auojeu raroels
Proposed ROW Vacations
Maxar, Earpssta&r je graphics, and the GIs User
Community
Date Printed: 9/9/2023