AGENDA ITEM __. PUBLIC HEARINGS
__. Proposed classification of Borough Lands Located in the West Poppy Lane Area of K-Beach as Institutional, Pursuant to KPB 17.10.080.
STAFF REPORT PC Meeting December 8, 2003
Petitioner: Kenai Peninsula Borough, Alaska.
Basis for Classification: Borough land is being considered for disposal. Prior to disposal, Borough land must be classified pursuant to KPB 17.10.080 and KPB 17.10.090. Borough land classified appropriately for disposal is deposited into the land bank and then may then be offered for sale or lease.
Current Classification: The subject parcel is not currently classified (undesignated)
Proposed Classification: Institutional
Institutional means lands which may be of value for the location of churches, private schools, clubs, associations, nonprofit organizations, or cemeteries.
Description of Borough Land Proposed for Classification: As shown on the attached map, the land proposed for classification is located north of West Poppy Lane in the K-Beach area and is described as follows: the portion of the SW1/4NW1/4 lying south of the Right-of-Way Permit BLM Serial No. A-051647 all within Section 27, T5N, R11W, Seward Meridian, Alaska, containing 27.25 acres more or less
Land Status: The Kenai Peninsula Borough has received State Patent #6168 for subject property.
Public Notice: Public notice was published in the Peninsula Clarion, November 2 and 9, 2003. Notice was sent by regular mail to all owners and/or leaseholders of record within a one-half mile radius of the land proposed for classification, applicable agencies, and interested parties. The notice consists of a cover letter, map, and list of land classification definitions. Written public comments were requested to be returned by 5:00 p.m., November 25, 2003.
Overview: This property is centrally located, road accessible, flat, dry, and away from residential land uses. The property is part of a larger Borough owned parcel, all of which is undeveloped and well forested. The property is adjacent to industrial land uses with historical contamination issues which have been cleaned up to ADEC Standards.
Findings of Fact:
1. Title: The borough received State Patent No. 6168 for subject land.
2. Condition of Property: Property is undeveloped/ unimproved.
3. Surrounding Land Use: Property adjoins Marathon Oil Company's bio-remediation ponds and a drilling waste treatment cell. A pipeline borders the property to the north. Residential development exists to the eastward of the subject property. Surrounding Borough land is unclassified and undeveloped.
3. Surrounding Ownership: Surrounding ownership includes borough land, corporately owned private land.
4. Access: Road access is available via West Poppy Land to Hardy Street. Route is commercially compatible.
5. Utilities: Electric and telephone utilities are available. No other utilities are available at this time.
6. Topography: The topography is mostly flat and dry and well suited for development.
7. Soils: The soils of the subject were mapped and described in 1962 by the Soil Conservation Service as Tustumena Silt Loam, Nearly Level. Soils are well suited for many types of land uses.
8. Proposed Use: Development of an equestrian park including; rodeo grounds, parking lots, livestock corrals, hayland, trails and an indoor arena.
Public Comment: As of the writing of this report, no written comments were received.
Agency Review / Comments: Written comments were received from the following agencies: No comments were recieved.
Highest and Best Use Analysis:
Permissible Use (Legal): The Kenai Peninsula Borough owns the subject property. The property is not within any city limits, nor are there any building or zoning code restrictions in this location. A section line easement exists on the west border of the property and a 20 building setback is required from all right-of-ways. Land has no particular encumbrances. Use of land is subject to applicable local, state and federal laws.
Possible Use: The property has potential for most types of development. The pipeline to the north segregates the property from a portion of the larger borough owned parcel. Appeal of some uses may be limited by adjacent industrial uses and alleged contaminate history of adjacent properties.
Economically Feasible Use: The property is unimproved. Land clearing, installing wells, septics, utilities, driveways and any other improvements will be of expense.
Proposed Land Use/Site Development: The Soldotna Equestrian Association, Inc (SEA), a 501C(3) non-
profit corporation, propose to purchase the property for the purpose of relocating/reconstructing equestrian facilities currently operated near Centennial Park in Soldotna. SEA additionally proposes to expand their facilities to include livestock corrals, stables, trails and an indoor arena. SEA, traditionally, have used their facilities to offer organized equestrian activities, instruct 4-H youth and host events such as the Progress Days Rodeo. SEA has served the equine interests of the Kenai Peninsula for over 30 years and has provided services available to area residents and youth which would not otherwise be available. To ensure the continued presence of equine facilities and resources in the Kenai Peninsula Borough it is in the best interest of the borough to provide an area suitable to address this public need. The Kenai Peninsula Borough Comprehensive Plan Goal 3.9 is "to provide quality outdoor recreational areas and facilities for Borough residents and visitors". Additionally, Goal 3.9, Objective 2, Action B states "the Borough will establish management procedures for Borough recreational land which is currently in demand. These procedures could include lease or sale to private operators, with provisions to ensure continued public use".
Conclusion:
An Institutional classification is the best use of this land and is compatible with the surrounding area.
STAFF RECOMMENDATION: Based on the findings of fact, analysis, and conclusion; the
KPB Planning Commission finds that it is in the borough's best interest to recommend adoption of the resolution reclassifying subject land as Institutional.
END OF STAFF REPORT