AGENDA ITEM F. PUBLIC HEARINGS

2. Proposed Classification of Certain Borough Land, Pursuant to KPB Code of Ordinances, Chapter 17.10.080.

STAFF REPORT PC Meeting August 8, 2005

Petitioner: Kenai Peninsula Borough, Alaska.

Basis For Classifications: Borough land must be classified prior to disposal pursuant to

KPB Code of Ordinances, Chapter 17.10.080. Parcels appropriate for disposal will be considered for the borough's 2005 land sale.

Description of Borough Parcels and Proposed Classifications:

Public Notice: Public notice was published in the Peninsula Clarion, June 26, 2005 and July 3, 2005. Notice was sent by regular mail to all owners and/or leaseholders of record within one-half mile of the land proposed for classification. The notice consists of a cover letter, map, and list of land classification definitions. Public comments were requested to be returned by 5:00 p.m., July 11, 2005.

Overview: Located in the Mackeys Lakes area of Ridgeway, this is a large acreage parcel. Road access and utilities are available.

Findings of Fact:

1. Title / Status: The borough received title to subject land by State patent.

2. Land Use: No comprehensive land use plan has been developed for this area. Surrounding land use includes residential, institutional (Solid Rock Ministries), gravel pits, and undeveloped land. Surrounding development includes single-family homes.

3. Ownership: Surrounding land ownership includes private and native land.

4. Access: Access to this parcel is gained from the north along Derk's Lake Road, which is also a section-line easement. Approximately 800 feet of Derk's Lake Road is maintained by the borough. A section-line easement also runs along the parcel's east boundary. Raspberry Street, Pine Street, Michael Street, and Mill Avenue can provide access from the south. These roads are not improved.

5. Utilities: Electric, telephone, and gas is available. No other utilities are available at this time. This parcel is subject to an electric transmission line right-of-way, 20 feet in width, that parallels the north boundary. The parcel is also subject to a 50-foot wide pipeline right-of-way. This pipeline crosses the southeast corner of the parcel.

6. Topography: Soldotna Creek runs the entire length of the property, from east to west. Spruce trees are predominate. Portions of this parcel have potential for development. These areas include a strip of land approximately 200 feet wide adjacent to Derk's Lake Road as well as the south 600� feet of the parcel. The predominate soil type for these areas is "Soldotna Silt Loam" and is generally characterized as well-drained soil, according to the Soil Survey: Kenai-Kasilof Area Alaska.

7. Special Features: Soldotna Creek runs through this parcel. The State patent reserved a ten-foot wide public pedestrian easement along both banks of the Creek. Soldotna Creek is subject to anadromous stream habitat protection pursuant to KPB Code of Ordinances, Chapter 21.18.

8. Public Comments: As of the writing of this report one written comment was received. This comment was opposed to the proposed residential classification and wished to recommend a preservation classification.

9. Department / Agency Comments: As of the writing of this report no written comments were received.

Highest and Best Use: Residential / Recreational is the estimated highest and best use, per KPB Assessing Department.

Summary: A Residential classification is appropriate on the upland portions of this parcel. Much of the surrounding land use is residential. A Preservation classification is appropriate where wetlands exist. The attached map showing the classification areas is for conceptual purposes only. The actual preservation areas can be determined at the time a wetland determination is made by the Corp. of Engineers or qualified professional.

Overview: Located in the Anchor Point area, this is a large acreage parcel. Road access has not been constructed. No utilities are available.

Findings of Fact:

1. Title / Status: The borough received title to subject land by State patent. A fuel reduction timber harvest to mitigate hazard trees (beetle killed trees) was authorized by the borough and completed in 2003 with the replanting of spruce seedlings.

2. Land Use: No comprehensive land use plan has been developed for this area. This parcel is suitable for a material site as indicated by the Anchor Point Materials Site Investigation report of 1983. Surrounding land use includes a material site to the east, owned by Alaska Roadbuilders. The rest of the surrounding properties are undeveloped.

3. Ownership: Surrounding land ownership includes private and borough land.

4. Access: Platted access to this parcel is provided by Ridge Line Street and Kathryn Avenue. Both right-of-ways are 30 feet wide with no developed road. The north boundary of this parcel abuts a section-line easement.

5. Utilities: Telephone and electric utilities are approximately 2,400 feet away. This parcel is subject to a 100-foot wide easement for an electric transmission line that runs diagonally through the parcel. No other utilities are available.

6. Topography: Topography varies from flat areas to small hills. Parcel is treed mostly with spruce. A wetland area exists near the middle of this parcel along the power line corridor.

7. Special Features: An overhead power transmission line runs diagonally through the parcel. (100-foot wide easement)

8. Public Comments: As of the writing of this report no comments have been received.

9. Department / Agency Comments: As of the writing of this report two written comments were received.

� Anchor Point Advisory Planning Commission (APAPC): At its January 11, 2003 meeting the APAC recommended a classification of Rural with consideration for Residential.

� KPB Spruce Bark Beetle Office: This parcel was part of a fuel removal activity under Ordinance 2000-50.

Highest and Best Use: Residential / Recreational is the estimated highest and best use per KPB Assessing Department.

Conclusion: Because of the remote location of this parcel, its potential for material extraction, and the surrounding land use mostly vacant, a Rural classification is compatible with the surrounding area. Although material extraction is allowed under a Rural classification a permit would be required from the Borough Planning Department.

Overview: Located in the Seward area these parcels have developed road access with utilities available.

Findings of Fact:

1. Title / Status: The borough has received a State quit claim deed for subject land as it was originally selected by the borough for a school, solid waste site, and recreation area. The land was subsequently subdivided into tracts by Exit Glacier Subdivision No. 2. These tracts are currently classified as Preservation per Resolution 2004-077.

2. Land Use: No comprehensive land use plan has been developed for this area. Surrounding land use includes commercial, residential, and undeveloped land. Borough land across Old Exit Glacier Road was classified as Recreational per KPB Resolution No. 96-039. Surrounding development includes the Kenai Fjords National Park maintenance facility, two commercial businesses for lodging and the Ididaride (dog sled rides).

3. Ownership: Surrounding land ownership includes borough and private land.

4. Access: Access is gained from Old Exit Glacier Road, an 83 foot right-of-way. This is a gravel road, maintained by the borough.

5. Utilities: Electric and telephone service are approximately 300� feet from Tract 1 and 700� feet from Tract 2.

6. Topography: Topography is relatively flat. Wetlands cover a portion of this area. Tracts 1 and 2 have potential for development along Old Exit Glacier Road.

7. Public Comments: As of the writing of this report two written comments were received; one expressed concern for having the parcels remain as preservation and the other suggested that a residential classification would be more suitable.

8. Department / Agency Comments: As of the writing of this report no written comments were received.

Highest and Best Use: Residential / Recreational is the estimated highest and best use, per KPB Assessing Department.

Summary: The KPB Assessing has recognized these parcels as having potential for development with a highest and best use determination of residential / recreational. With portions of Tract 1 and 2 being developable, fronting on a main roadway, and other commercial businesses in the area, a Commercial classification is appropriate for those portions that are developable. A Preservation classification is appropriate where wetlands exist. The attached map showing the classification areas is for conceptual purposes only. The actual preservation areas can be determined at the time a wetland determination is made by the Corp. of Engineers or qualified professional. The borough submitted a request for a wetland determination to the Corp of Engineers in May of 2005. The response from the Corp essentially stated that a permit would be needed prior to initiation of work entailing a discharge or placement of dredged and/or fill material into the wetlands. The wetland determination can be coordinated at the time of development between a developer and the Corp. of Engineers.

Conclusion: A Commercial and Preservation classification is appropriate for these parcels and is compatible with the surrounding area.

STAFF RECOMMENDATION: Based on the findings of fact, and conclusions, KPB staff recommends that the KPB Planning Commission recommend adoption of the resolution classifying subject parcels as follows:

End of staff report