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).