M E M O RA N D U M

TO: Ronald Wm. Drathman, Assembly President

Kenai Peninsula Borough Assembly Members

THRU: Mike Navarre, Borough Mayor

Lisa M. Parker, Planning Director

FROM: Max J. Best, Borough Surveyor

DATE: February 10, 1999

SUBJECT: An Ordinance to Modify a Deed Restriction to a Commercial Classification for Tract 1-B, Exit Glacier Subdivision, Filed as Plat Number 97-12, Seward Recording District, Containing 8.138 Acres More or Less.

Petitioner, Robert H. Ferguson III, requested modification of a deed restriction from a Residential to a Commercial classification pursuant to KPB Chapter 17.10.130(F)(1). Petitioner's justification states that a modification of the deed restriction to a Commercial classification is consistent with adjacent developments.

The subject parcel was conveyed by warranty deed to Robert H. Ferguson III, as authorized by KPB Ordinance 96-51. The warranty deed contains a deed restriction of Residential. Pursuant to KPB Chapter 17.10.130(F)(4) the Assembly may, by ordinance, authorize the repeal of any restriction.

The parcel is undeveloped, situated in a floodplain, and is planned for further subdivision per Fjords Subdivision #2 (preliminary plat). The parcel is accessed from new Exit Glacier Road, a dedicated right-of-way, with approximately 571 feet of road frontage. Exit Glacier Road serves as a dike to channel the flood waters of Resurrection River. Overhead power lines traverse the property with telephone and electric utilities available. No other utilities are currently available. Surrounding land use includes residential, commercial, and undeveloped land.

Pursuant to KPB Chapter 17.10.130(F)(2) public notice was published and notification was sent by regular mail to all owners and/or leaseholders of record within one-half mile of the proposed modification of the deed restriction, applicable agencies, and interested parties. The notice consists of a cover letter, map, and list of land classification definitions.

Eight written public comments were received supporting the modification of the deed restriction from a Residential to a Commercial classification.

Comment received by Kenai Peninsula Borough Coastal Management (KPBCM) staff noted that because of the potential flood hazard to this area, KPBCM staff recommends against granting this petition and encouraging commercial development in this high risk area. (See memorandum dated January 11, 1999 from Glenda Landua.) Other agencies stated no objection to the proposed reclassification.

The Planning Commission held a public meeting on the modification of the deed restriction from a Residential to a Commercial classification on February 8, 1999. A motion to recommend approval of the modification of a deed restriction from a Residential to a Commercial classification passed by a majority vote of 6 to 2. The KPB Planning Commission further recommends the Planning Department to cause the appropriate document to be filed in the appropriate recording district pursuant to KPB Code of Ordinances, Chapter 17.10.130(F)(4).