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HomeMy WebLinkAboutRes2009-002Sponsored by: Oates CITY OF SEWARD, ALASKA RESOLUTION 2009-002 A RESOLUTION OF THE SEWARD CITY COUNCIL, RF,CO'~7r37ENDING KENAI PENINSULA BOROUGH AYYROVAL OF TIIE FEDERAL ADDITION AVTEC REYLAT, A RESUBDIVISION OF BLOCKS 6 & l5, FEDERAI. ADDITION WHEREAS, Cline and Associates submitted, on behalf of the Alaska Vocational Technical Center (AVTEC), a preliminary plat increasing the square footage of Block 6 to 123,477 square feet and decreasing the square footage of Block 15 to 21,723 square feet by creating Block 6A and Block 15A; and WHF,REAS, the Seward Planning and Zoning Connnission approved the preliminary plat with conditions at its regular meeting on I~eccmbcr 16, 2008; and WHF,REAS, no preliminary plat of city-owned property may be submitted to the Kenai Peninsula Borough Planning Commission for approval without the prior consent of the city council; and WHEREAS, this property is zoned Institutional (INS) and the replat does not create any non- conforming structures or lots; and WHEREAS, the current Block G is owned by the City of Seward and leased to the State of •-- Alaska. until 2054; and WHF,REAS, the current Block 15 is owned by the State of Alaska; and WHEREAS, no suhdivision installation agreement is necessary because these lots are currently serviced by municipal roads, water, sewer, electric and other utilities. NOW, 'THEREFORE, BE IT RESOLVED BY THF, CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, that: Section 1. The City Council recommends that the Kenai Peninsula Borough approval of the Federal Addition AVTEC Replat, a resubdivision of Blocks 6 &15, into Blocks 6A and l5A subject to the following condition: 1. An additional 20' utility easement is added along the south property line of Block 15A. 2. A plat note is added to read, "Block 15A contains an anadromous stream numbered 231-30-10070-2009 by the Alaska Department of Fish and Game in the Catalog of Waters Important for the Spawning, Rearing or Migration of Anadromous Fishes." Section 2. Signage on Second Avenue be placed to identify the Two Lakes Park location and Parks and Recreation Maps should shoe- access to the area. "'~ Section 3. This resolution shall take effect immediately upon its adoption. CITY OF SEWARD, ALASKA RESOLUTION 2009-002 PASSED AND APPROVED by City Council of the City oC Seward this 12k~' day of January 2009. THE CITY OF SEWARD, ALASKA ~ ~ /~ ~~'illard unham, Vice Mayor AYES: Valdatta, Bardarson, Smith, Kellar, Keil, Dunham NOES: None ABSENT: Corbridge ABSTAIN: None ATTEST: •._ Jean Lewis ' City~Clerk au:a4 r ~_ (CITY SEAL) +"' '~ - ~, .~ R n a w ~: c:, + e ~ ae ~ r. +~ `~ p e` "c ~ i ,'; ;A ~. ~~¢~+,-r .J .,. a° it Agenda Statement Meeting Date: January 12, 2009 Through: City Manager Phillip Oates~d From: Community Development Director Christy Terry Agenda Item: RECOMMENDING KENAI PENINSULA BOROUGH APPROVAL OF THE FEDERAL ADDITTON AVTEC REPEAT, A RESUBDIVISION OF BLOCKS 6 & 15, FEllERAL ADDITION BACKGROUND & JUSTIFICATION: The City of Seward and the Alaska Vocational Technical Center (AVTEC) are working together to consolidate the AVTEC facility on Second Avenue into one State-owned and managed unit. This will be accomplished following this resubdivision by exchanging the newly replatted Block 15A (owned by the City leased by the State of Alaska) with Block 6A (owned by the State of Alaska). The City of Seward can not make the land exchange with the State until the lots are replatted into the proposed configuration. In accordance with Borough requirements, the City must review and comment on a plat before submittal to the Borough for approval. Since the City of Seward is the property owner, the approval of the City Council is also required for this platting action. The Seward Planning and Zoning Commission passed P&Z Resolution 2008-17 at their llecember 16, 2008 meeting, which recommended approval of the preliminary plat, subject to certain conditions. SUBDIVISTON REVIEW: Zonin :Both lots are zoned Institutional (INS). This zoning district has no n>u~imum lot size. Avocation school is a land use permitted outright in this zoning district. The newly created Block I SA contains no structures, but is used as ingress access for both Two Lakes Park and parking behind the vocational school. Vehicles also park along the drive. A parking lot is allowed outright in INS. Setbacks: This subdivision was replatted in such a way as to not create any new nonconformity. The minimum side yard setback requirement is 10 feet and the plat shows 10 feet between the new lot line and the closest point of the existing structure. There are two existing nonconformities that are not increased with this replat: 1) the north building encroaches 1.6 feet into the rear setback and 2) the north building encroaches 2.2 feet into the front setback. Any new construction must meet the setbacks prescribed in Seward City Code. ~~ Page 1 of 3 The relocation of the former interior lot line also solves the nonconformity of the north building encroaching into the former setbacks and being constructed over the former lot line. Utilities: The property is served by all necessary utilities and a subdivision agreement is not required. The utilities not within the platted setbacks will be recorded as written easements. This was negotiated as part of the land exchange. Existin Use: The Alaska Vocational `Technical Center is located on Block 6 and Block 15. This replat allows the State to consolidate their interests onto one State owned parcel. The use of the proposed Block 15A is access for Two Lakes Park. This replat insures permanent legal access to the park via Block 15A once the land exchange is completed. Staff Comments: Electric Department: Operation Supervisor Jeff Estes: "There are no easements shown (sic) nor provided to the electric department for the primary electric facilities as agreed." Estes later verbally requested the 10' utility easement on Block 6 continue along the south property line to the west property line to encompass the underground service for the streetlight. Former Electric Utility Manager Tim Barnum: "The Electric Department needs written easements for the electric facilities that serve AVTEC buildings that are not within plated (sic) easements (shown on attached page). We request additional casement to allow electric facilities to continue north and east to exit the property and provide a future secondary source of power into AVTEC facilities and provide for any future development of adjacent property." Fire Department: Fire Chief Dave Squires: "It appears there is not a clear twenty foot wide access without going onto the other property. Is (sic) there provisions to allow this? It appears there is no turn around without going on private property. Is (sic) there provisions to allow this?" Community Development Response: In response to the Electric Department staff comments: As part of the negotiation process, the State of Alaska agreed verbally and in writing (Kim Mahoney, Project Manager DOTPF Statewide Public Facilities) to provide written easements for the electric facilities that serve AVTEC on the west side of the buildings. These written easements will be provided following Council's approval of the proposed land exchange. The requested additional electric easements on the north and west side of the newly created Block 6A were not included in the final negotiations and staff did not included these in the proposed replat. The easement requested for the south side of the newly created Block 15A is acceptable to the City. To mitigate the impact of not including a 10' easement on the north side of Block 6A staff has incorporated, as a condition to the plat approval, a 20' easement on Block 15A. This has no impact on the City's planned use of this property as access to Two Lakes Park. Page 2 of 3 1 1 In response to the Fire Chief's comments• The City of Seward has NO present official access across Block 6 (owned by the State of Alaska) or Block 15 (leased by the State of Alaska). The public travels across AVTEC's property without any objections, but also without easement or other legal permission. Obtaining Block 15A as city property will insure the public has guaranteed access to Two Lakes Park. AVTEC plans to keep the existing driveway and access patterns. As part of the negotiation process AVTEC and the City of Seward have agreed to sign mutual Access Permits to provide access to the AVTEC facility and also public egress access from Two Lakes Park. If for any reason the State of Alaska limits the city's use of the driveway crossing Block 6A, then the First Avenue right of way and the portion of paved driveway on Block 1 SA can be developed to provide a turn around and twenty foot wide vehicle access. Public Comment: Based on public comment presented to the Planning and Zoning Commission, Section 1 of the resolution was updated to include an additional plat note citing the designation of the stream in Block 15A as anadromous. This stream is numbered 231-30-10070-2009 in the Alaska Department of Fish and Game's Catalog of Waters hnportant for the Spawning, Rearing or Migration of Anadromous Fishes. The catalog lists water bodies that are known to be used by anadromous fish and legally gives these streams and lakes protection as important fish habitat. CONSISTENCY CHECKLIST: Where applicable, this resolution is consistent with the Seward City Code, Charter, Comprehensive Plans, Land Use Plans, Strategic Plan and City Council Rules of Procedures. FISCAL NOTE: Approved by Finance Department: ,~Ii~ ATTORNEY REVIEW: X RECOMMENDATION: Approve Resolution 2009- UO recommending Kenai Peninsula Borough approval of the Federal Addition AVTEC Replat, a resubdivision of Blocks 6 & 15, Federal Addition. Page 3 of 3 ~ 2