AGENDA ITEM F. PUBLIC HEARINGS

2. Proposed reclassification of approximately 23.32 acres of Borough land located in the Russian Gap area of Cooper Landing, as Recreational Pursuant to KPB Code of Ordinances, Chapter 17.10.080

STAFF REPORT PC Meeting May 9, 2005

Petitioner: Kenai Peninsula Borough, Alaska

Basis for Reclassification and Background: In 2003 subject site was tentatively selected for the development of senior housing and reclassified from Recreational to Institutional per Resolution 2003-093. The intent was to convey this parcel to the Cooper Landing Senior Citizens Corporation, Inc. per Ordinance 2003-41. Section 5 of this Ordinance provides that if subject site was not feasible for senior housing that a resolution to reclassify the land to its original classification shall be submitted to the Assembly for consideration. In 2004 a more feasible site was identified for senior housing in the Snug Harbor Road area and is now being pursued.

Current Classification: Institutional per Resolution 2003-093.

Proposed Reclassification: Recreational

Institutional

Institutional means lands which may be of value for the location of churches, private schools, clubs, associations, nonprofit organizations, or cemeteries.

Recreational

Recreational means land located in an area where the potential for recreational use exists. This may include both indoor and outdoor uses such as gun ranges, archery ranges, camping, golf courses, snow machine trails, cross country trails, skiing, boating, fishing or which may provide access to those activities. Recreational does not include use of lands for amusement parks. Site conditions for any authorized use

must be appropriate and suited for such uses. Recreational lands disposed of to private parties must allow public use unless specifically waived by ordinance. If recreational lands are for sale or lease then restrictions may be imposed for appropriate uses given conditions and surrounding use. Not all activities are suitable for all sites.

Description of Borough Land Proposed for Reclassification: Located in Section 25, T5N, R3W, S.M., and more particularly described as Tract A, Russian Gap Subdivision 2004 Addition, filed as

Plat No. 2004-9, Seward Recording District, containing approximately 23.32 acres. See Attachment A.

Public Notice: Public notice was published in the Peninsula Clarion, March 13 and March 20, 2005. Notices were sent by regular mail to all owners and/or leaseholders of record within a one-half mile radius of the land proposed for reclassification. Notice is also sent to applicable agencies, and interested parties. The notices consisted of a cover letter, map, and list of land classification definitions. Written public comments were requested to be returned by 5:00 p.m., March 31, 2005.

Public Comment: As of the writing of this report, two written comments were received supporting the reclassification (attached). Comments received by the Planning Department after the writing of this report will be presented at the Planning Commission Hearing.

Cooper Landing Advisory Planning Commission (CLAPC) Review: On March 13, 2005 the CLAPC held its regular public meeting and unanimously approved a motion to support the reclassification of the Russian Gap lands pursuant to Ordinance 2003-41.

Agency Review: Written comments received from agencies stated no objection to the proposed reclassification.

Findings of Fact:

1. Title/Status: The Borough received State patent for subject land.

2. Surrounding Land Use: The 1992 and 1996 Cooper Landing Land Use Classification Plans classified the land to the north as Government for a future high school; land to the northeast as Residential; land to the east as Recreational; land to the west as Preservation, and land to the south as Preservation for a buffer along the highway. Surrounding development includes residential housing in the Russian Gap Subdivision, the borough waste transfer site across the Sterling Highway and an airstrip within one mile. Quartz Creek Trail runs along the parcel's west boundary.

3. Surrounding Land Ownership: Surrounding land ownership includes Borough land,

Borough-approved State land, and private land.

4. Access: Parcel abuts Russian Gap Road. A right-of-way 60 feet wide traverses the west boundary (ADL 223575, Quartz Creek Trail). A section-line easement exists along the east boundary.

5. Utilities: Electric and telephone utilities are available along Russian Gap Road. No other utilities are available at this time.

6. Water: To assess the feasibility of senior housing, exploration wells were drilled. The results produced 1 to 2 gallons per minute. Consulting engineers have confirmed this to be adequate for daily use.

7. Topography: Subject parcel is undeveloped. The topography is gently sloping, intermixed with small hills and peatlands. More than 10 acres is suited for development. There is a small drainage in the eastern portion of this parcel that runs southerly into a wetland area of approximately 3 acres .

8. Soils: The soils of the subject parcel were mapped and described in a1984 soil survey by the

Soil Conservation Service. Developable soils are well drained to moderately well drained. Peatlands of various extents are located in certain areas of the property. Locations for an on-site septic system would need to be evaluated.

Analysis:

The development of this property is compatible with the nature of the adjacent residential land use of Russian Gap and the adjacent senior high school site. The 1996 Cooper Landing Land Use Plan in reference to the subject states: "These lands do not qualify for preservation or residential priority at this time." Since the plan was released, access has been constructed, electric and telephone utilities have been installed, and through topographic survey it has been determined that more than 10 acres is suitable for development. This site provides for a southern exposure with a partial view of Kenai Lake. The availability of water has been determined through exploratory water wells. Although the Cooper Landing Senior Citizens Corporation, Inc., did not feel that the water supply was capable of supporting their needs, consulting professional engineers support the conclusion that the water supply is capable of supporting development. The additional information that has been obtained and the accompanying infrastructure development support the current classification of institutional.

Conclusion:

Considering the characteristics of this parcel the most appropriate use of this land would be for development purposes.

STAFF RECOMMENDATION:

Based on the findings of fact, analysis, and conclusion, staff recommends that the Planning Commission not reclassify subject parcel at this time as this parcel has potential for development.

END OF STAFF REPORT