Per Land Management meeting of 5/25/00: Prior to making a recommendation to the Planning

AGENDA ITEM __. PUBLIC HEARINGS

__. Petition to reclassify approximately 1.00 acre of Borough land located in the Sunrise Area as Residential Pursuant to KPB Code of Ordinances, Chapter 17.10.080(F)

STAFF REPORT PC Meeting March 27, 2006

Petitioners: Eric and Michelle Holloway, Anchorage Alaska (petition attached)

Basis for Classification: Petitioners desire to enter into a negotiated purchase of the subject land. Classification provides direction for the management of Borough land.

Current Classification: Preservation per Resolution 95-022.

Proposed Reclassification: Residential.

Residential

Residential means lands suitable for development for single family or multifamily settlement of a permanent nature. Residential parcels may be located adjacent to existing communities or are determined to be necessary for future community development. Residential parcels must be able to support on-site water and sewer systems or capable of receiving water and/or sewer service, have legal access and feasible physical access, suitable terrain and appropriate with the given surrounding uses.

Preservation

Preservation means lands needed for stabilization or maintenance of natural features, historic value, known nesting areas of migratory birds or required to maintain the integrity of certain types of easements or as buffers, green belts, water sheds or other reservations to preserve natural resources and aesthetic qualities. Soils may be of such a nature as to not be usable for construction of buildings.

Description of Borough Land Proposed for Reclassification: A portion of Government Lot 1, Section 3, T9N, R1W, S.M., Alaska, containing approximately 1.00 acre as shown on Attachment A.

Public Notice: Public notice was published in the Peninsula Clarion, February 19 and 26, 2006. 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. 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., March 6, 2006.

Public Comment: As of the writing of this report, 3 written comments were received expressing concern for the proposed dedicated right-of-way and classification of adjacent State land as Heritage Resource. Comments received by the Planning Department after the writing of this report will be presented at the Planning Commission Hearing.

Hope / Sunrise Advisory Planning Commission (H/S APC): At the March 2, 2006 meeting the H/S Advisory Planning Commission voted on a motion to recommend approval of the reclassification of LMD 05-43 from preservation to residential. Although there were 3 votes in favor and 1 vote against, the motion failed. (NOTE: KPB 21.02.110.F states: "Four commission members shall constitute a quorum. Any recommendations forwarded to the planning commission, or to the assembly upon assembly request by majority vote, shall require the affirmative vote of four commission members.") (Unapproved minutes attached)

Department / Agency Review: Written comments received from departments and agencies stated no comment and no objection to the proposed reclassification.

Background: Eric and Michelle Holloway submitted a petition for reclassification and a negotiated sale application to the borough to reclassify and purchase subject land (Ordinance 2006-08). The Holloways desire to purchase enough borough land, that when combined with their parcel will create a buildable site for a small cabin. Currently the Holloway parcel (Lot 10, U.S. Survey 2789) is not feasible for development due to a steep slope.

Findings of Fact:

1. Title/Status: The borough received State patent for subject land and subsequently classified it as Preservation per KPB Resolution 95-022. The borough issued a land use permit to the State Division of Forestry for hazard tree mitigation purposes in this area.

2. Surrounding Land Use: Adjacent land to the west of subject parcel is bordered by the Hope Highway; land to the southeast is residential; and land to the east is the undeveloped "Holloway" parcel. The Sunrise City Historic District (SCHD) also lies east of and adjacent to the borough land; the exact location/boundary of the SCHD has not been established. (See Map--Attachment B) The nomination of the SCHD to the register of historic places was supported by KPB Resolution 97-016. The SCHD is comprised of several historical features, including Point Comfort Cemetery, cabin ruins, root cellars, small pit depressions, and remnants of domestic items. No archaeological testing has been done on these features, nor does it appear that any of the identified features are within the land proposed for reclassification. Point Comfort Cemetery is located on State land, north of subject land. It was established in 1897 and restored in the early 1900's. Other historical features of the SCHD are located on private land.

3. Surrounding Land Ownership: Surrounding land ownership includes Borough, State, and private land.

4. Access: An existing road / trail begins at approximately Mile Post 8.2 of the Hope Highway and continues across Borough and State land, providing access to Point Comfort Cemetery and other land-locked parcels. This road turns into a trail leading to Six Mile Creek. According to State records (ADL 227448) the establishment and use of the road / trail was unauthorized and is considered an illegal access (trespass). This road / trail is approximately 10 feet wide and is traversed by 4-wheel drive vehicles. The first 50 feet of the road, from the highway, is a steep grade (18% �). The borough granted an appurtenant driveway easement over a portion of this road for access to Lot 10, U.S. Survey 2789 (Holloway Parcel).

5. Utilities: Electric and telephone utilities are available along the Hope Highway. No other utilities are available at this time.

6. Topography: Subject borough land, east of the Hope Highway, drops to a benched area. Continuing further east onto the Holloway parcel, the topography drops again as it slopes sharply down to Six Mile Creek. The remainder of the borough land, going north, includes some rolling terrain with some relatively flat areas as the benched area parallels the highway. Trees within this area are predominately spruce with some beetle kill. The State Division of Forestry is currently removing beetle-killed trees from this area.

Analysis: The borough has identified subject area as a possible access point that would benefit the greater borough parcel. The existing access road / trail coming off of the Hope Highway splits the borough parcel, creating a remnant parcel. Optimum use of the remnant parcel and the land proposed for reclassification includes a proposed full-width dedicated right-of-way. Feasibility and alignment of a right-of-way will need to be verified by a field survey. A dedicated right-of-way would be the beginning of providing legal access to the cemetery and other land-locked parcels while opening up access to the rest of the borough land. The borough land lying east of the proposed dedicated right-of-way would contribute little utility to the rest of the borough parcel and would be surplus to borough needs. The surplus area has limited use as there is a steep slope to the south, the existing road / trail to the west, and the Holloway parcel to the east.

(See Map--Attachment A)

Conclusion: The proposed area to be reclassified as Residential would be compatible with a future dedicated right-of-way and allow the borough to dispose the surplus property, east of the proposed

right-of-way, to the Holloways as they are the only feasible buyers. The borough would benefit by receiving revenue from the sale and subsequent property taxes. The borough would also benefit by having the Holloways pay the platting and surveying cost to determine a feasible road alignment. The Sunrise community would benefit by giving utility to an otherwise undevelopable parcel.

STAFF RECOMMENDATION:

Based on the findings of fact, analysis, and conclusion, staff recommends that the Planning Commission recommend that the resolution for a Residential reclassification be adopted. It is further recommended that upon adoption of the reclassification resolution and enactment of the sale ordinance, that the land be surveyed so as to determine the feasibility of a full-width dedicated right-of-way and to identify the exact boundaries of the land to be disposed of to the Holloways.

END OF STAFF REPORT