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HomeMy WebLinkAboutRes2009-071Sponsored by: Oates SEWARD CITY COUNCIL RESOLUTION 2009-071 A RESOLUTION OF THE SEWARD CITY COUNCIL OF THE CITY OF SEWARD, ALASKA RECOMMENDING THE KENAI PENINSULA BOROUGH APPROVAL OF THE PRELIMINARY REPEAT OF LOT 4A, BLOCK 2, MARINA SUBDIVISION, COAST GUARD REPEAT, LOCATED SOUTH OF PORT AVENUE AT APPROXIMATELY 1509 X-FLOAT ROAD, WITHIN THE HARBOR COMMERCIAL ZONING DISTRICT WHEREAS, administration hired Integrity Surveys to prepare a preliminary plat of City- owned land Lot 4A, Block 2, Marina Subdivision; and WHEREAS, Integrity Surveys has submitted, on behalf of the City of Seward, the attached replat which subdivides the parcel into two lots creating Lots 4A-1 and 4A-2, Block 2, Marina Subdivision, Coat Guard Replat; and WHEREAS, this platting action will create Lot 4A-1 at approximately 3.431 acres and Lot 4A-2, at 27,720 square feet; and WHEREAS, the property is zoned Harbor Commercial (HC) and is currently vacant of any structures and the subdivision meets the minimum lot size and width requirements of the Seward .... Zoning Code; and WHEREAS, Lot 4A-2 is being created in preparation for the planned relocation of the US Coast Guard Facility; and WHEREAS, prior to final approval the plat shall provide utility and access easements for all existing and proposed utilities and accesses; and WHEREAS, no subdivision installation agreement is necessary at this time because the area is currently serviced by municipal roads, water, sewer, electric and other utilities; and WHEREAS, at their July 7, 2009 meeting the Planning and Zoning Commission held the required public hearing and approved Resolution 2009-16 recommending the City Council and the Kenai Peninsula Borough approve the Lot 4A, Block 2, Marina Subdivision, Coast Guard Replat, subject to certain conditions; and WHEREAS, the Subdivision Code 16.01.015 (B) stipulates that no preliminary plat ofcity- owned property may be submitted to the Kenai Peninsula Borough planning commission for approval without prior consent of the city council. CITY OF SEWARD, ALASKA RESOLUTION 2009-071 NOW, THEREFORE, BE IT RESOLVED BYTHE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, that: Section 1. The City Council hereby recommends Kenai Peninsula Borough approval of the Lot 4A, Block 2, Marina Subdivision, subject to the following condition: All existing utilities shall be located; and easements provided for all existing and planned utilities and accesses for the entire plat. Section 2. This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED by the City Council of Seward, Alaska this 10th day of August 2009. THE CITY OF SEWARD, ALASKA i _ Clark Corbridge, Mayor AYES: Valdatta, Dunham, Bardarson, Kellar, Smith, Keil, Corbridge NOES: None ABSENT: None ABSTAIN: None ATTEST: ~~ ~`~ :~ Jean Lewis, CMC k Ci Cl ty er '~~,~aarariaees ~ ° (City Seal) ~ ,.,"'" ".• ~ ° e~ ~ °v ~.s;`f, f+ns k yam.°e~~ ®~~~ " p ~ ~~~a O ,.9 a, " ~ T1" o e, ~ r '~ . _ s - e. ® ~ w t '~ .r ~, ..,. ,,P,...~ e a ~ ; O .N ,.!~.` ~qf n~® ~ nnW~ g ' sg eejrrrr~~~~~~~ ~,.. COUNCIL AGENDA STATEMENT Meeting Date: August 10, 2009 To: City Council Through: Phillip Oates, City Manager~~'~ Christy Terry, Community Development Director From: Donna Glenz, Associate Planner Agenda Item: Resolution 2009-'rJ/ Recommending the Kenai Peninsula Borough Approval of the Preliminary Plat Review of Lot 4A-1, and Lot 4A-2, Marina Subdivision, Coast Guard Replat BACKGROUND & JUSTIFICATION: Attached for Council's review and recommendation to the Kenai Peninsula Borough Planning Commission is a preliminary plat of City-owned land Lot 4A, Block 2, Marina Subdivision which subdivides the parcel into two lots creating Lots 4A-1 and 4A-2, Block 2, Marina Subdivision, Coat Guard Replat. In accordance with Seward City Code (SCC) 16.01.015(B) 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. Subdivision Review: Zoning: The property is zoned Harbor Commercial (HC) 'which allows all of the existing uses on the property, and the subdivision meets the minimum lot size and width requirements of the Seward Zoning Code. Size: This platting action will create Lot 4A-1 at approximately 3.431 acres and Lot 4A-2, at 27,720 square feet. Lot 4A-1 has 308 lineal feet on Port Avenue and Lot 4A-2 has approximately 198 lineal feet of lot frontage on what has become known as X-Float Road. These lots meet the SCC requirement in lot size and width within the Harbor Commercial Zoning District. Utilities: The property is served by the existing public utilities; therefore a subdivision agreement is not required. Existing water, sewer and electric lines are located within existing utility easements or in easements which shall be provided during this plating action. There are fire hydrants within approved distances. City staff reviewed the replat and has submitted a request that all utilities currently located on the Lots 4A-1 and 2 be located and easements be provided before this plat is approved. The request has become a condition recommended to the Kenai Peninsula Planning Commission for final platting action. 54 Existing Use: These parcels are currently used as access and parking for the northeast harbor boat launch ramps and X-Float. There are currently no structures located on these parcels. Flood Zone: The property is not within a FEMA mapped Flood Hazard Zone. Kenai Peninsula Borough Code 20.24 Exceptions Requested: On behalf of the City of Seward the surveyor will be requesting the Kenai Peninsula Borough Planning Commission approve an exception to the proposed plat. The exception granted by the Kenai Peninsula Borough Planning Commission will be noted on the plat with the date of the Commission meeting. The Kenai Peninsula Borough Commission may authorize exceptions to any of the requirements set forth in their subdivision design requirements based on findings of fact outlined in KPB Code §20.24.010(A) Exceptions to regulations -Procedure-Commission authority. 1. That special circumstances or conditions affecting the property have been shown by application; 2. That the exception is necessary for the preservation and enjoyment of a substantial property right and is that most practical manner of complying with the intent of this title; 3. That the granting of the exception will not be detrimental to the public welfare or injurious to other property in the area in which said property is situated. KPB Code §20.20.200 would require Lot 4A-2 abut a dedicated street. There are compelling findings to support the requested exception: 1. The entire Lot 4A-1 is a dedicated public access easement and anon-dedicated route commonly known as X-Float Road located on the westerly edge of the lot has provided access to the public boat launch ramp, X-Float and other uses. 2. Access to all portions of Lot 4A-2 and other uses is or will be available for emergency service providers, city maintenance vehicles, refuse collectors and public vehicles. 3. Existing access easement is available to all adjoining properties. 4. The plating of a dedicated Right-of=way for X-Float Road has not been reviewed or supported at this time. It is the Planning and Zoning Commission's responsibility to act in an advisory capacity to the City Council and the Kenai Peninsula Borough regarding subdivision plat proposals. The Planning and Zoning Commission reviewed the preliminary plat at its July 7, 2009 regular meeting and approved Resolution 2009-16 recommending City Council and Kenai Peninsula Borough approval ofthe Lot 4A-l, and Lot 4A-2, Marina Subdivision, Coast Guard Replat. CONSISTENCY CHECKLIST: Where applicable, this resolution is consistent with the Seward City Code, Charter, Comprehensive Plans, Land Use Plans, Strategic Plan, Seward Small Boat Harbor Plan and City Council Rules of Procedures. ~`1 J Lot 4A-2 is being created in preparation for the planned relocation of the US Coast Guard Facility currently located along Fourth Avenue in the Small Boat Harbor. ATTORNEY REVIEW: N/A FISCAL NOTE: The surveying and associated fees to complete the rep t were include in t e current Community Development Contracted Services Budget. ,, Approved by Finance Department ~E. RECOMMENDATION: rr Council approves Resolution 2009-$~, rec;ommending the Kenai Peninsula Borough approval of Lots 4A-1 and 4A-2, Block 2, Marina Subdivision, Coast Guard Replat subject to the following conditions: 1. All existing utilities shall be located; and easements provided for all existing and planned utilities and accesses for the entire plat. J~