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HomeMy WebLinkAboutRes2009-025 Sponsored by: Administration - CITY OF SEWARD, ALASKA PLANNING AND ZONING COMMISSION RESOLUTION 2009 -25 A RESOLUTION OF THE SEWARD PLANNING AND ZONING COMMISSION OF THE CITY OF SEWARD, ALASKA, PROVIDING A RECOMMENDATION TO COUNCIL ON THE NOMINATION FOR DISPOSAL AND LEASE RECOMMENDATIONS FOR LOT ZZ FOREST ACRES SUBDIVISION WHEREAS, the City of Seward is pursing purchase of Lot ZZ, Forest Acres Subdivision, according to Plat No. S -17; and a boundary survey of Forest Acres Subdivision, according to Plat 78 -4, Rccords of the Seward Recording District, Third Judicial District, State of Alaska; and WHEREAS, this parcel is one of the three primary properties remaining for which the City requires access for the North Forest Acres Levee /Road Project; and - WHEREAS, since the City does not currently own the parcel and a purchase agreement will be before Council at a later date, the City has not previously identified this parcel as available for disposal; and WHEREAS, as part of the purchase agreement, the sellers are requesting a lease agreement with them in lieu of personal property relocation; and WHEREAS, pursuant to the City's Lease Policies and Procedures established by Resolution 1994 -101, this proposal is before the Commission for review and recommendations to the City Council regarding the pros and cons of disposal of the nominated parcel by negotiation in the event the property is purchased by the City of Seward; and WHEREAS, pursuant to the City's Lease Policies and Procedures established by Resolution 1994 -101, this proposal is before the Commission for review and written recommendations, including any special lease conditions the Commission determines to he in the public interest in the event the property is purchased by the City of Seward; and WHEREAS, the proposal along with written Planning Commission and staff comments and recommendations shall be submitted to the City Council; and WHEREAS, the nomination for disposal and lease is consistent with the Comprehensive Plan, Municipal Lands Management Plan and the Seward Marine Industrial Center Plan. Seward Planning and Zoning Commission Resolution 2009 -25 Page 2of3 1010.. NOW, THEREFORE, BE IT RESOLVED by the Seward Planning and Zoning Commission that: Section 1. The Commission finds that because the City is pursuing the purchase of Lot 77, Forest Acres Subdivision specifically for the North Forest Acres Levee Project and the sellers have agreed to sell the property with the condition that the City enters into a lease agreement in lieu of personal property relocation, then the recommendation to Council is to dispose of this property by lease within the purchase negotiations. The Commission further finds that the public benefit is well demonstrated with the requested +15,654 square foot north portion of Lot Z7. Forest Acres Subdivision as a Public Use Easement in compliance with the development of the North Forest Acres Levee Project. Section 2. The Commission has reviewed the submitted proposal and makes the following lease recommendations in the event that the purchase negotiations are successful: a) Lessees may use only that portion of the Leased Land not subject to the Public Use Easement as shown on Exhibit A. b) Lessees shall comply with all Seward City Code requirements, specifically including but not limited to, Seward City Code Chapter 15.25 Floodplain Management. c) Lessees shall comply with all State and Federal permits and approvals, including but -'° not limited to those required by, the U.S. Army Corps of Engineers, the Environmental Protection Agency, the Alaska Department of Public Facilities and Transportation, the Alaska Department of Public Facilities and Transportation, the Alaska Department of Fish and Game, and the Alaska Department of Environmental Conservation. d) Lessees shall not use the Leased Land in any manner or construct any facilities thereon which would inhibit the use of the adjacent or other lands. e) Lessees shall not use the Leased Land in any manner or construct any facilities thereon which would damage, impact the operation or impact the effectiveness of the levee. t) Any additional staff comments and recommendations shall be considered during the lease negotiation process. g) Initial lease payments shall be determined within the purchase negotiations, based on fair market rental value. Section 3. This resolution shall take effect immediately upon its adoption. .1000, Seward Planning and Zoning Commission Resolution 2009 -25 Page 3 of 3 PASSED AND APPROVED by the Seward Planning and Zoning Commission this 1st day of December 2009. THE CITY OF SEWARD Sandie Roach, Chair AYES: Ecklund, Morgan, DeMarco, Heinrich, Roach' NOES: None ABSENT: Stauffer ABSTAIN: None VACANT: One ATTEST: Je i Lewis, CMC) City Clerk p`�9• �e,sri�� 4.4°4 O r S CO' t ' ''y • 0 (City Seal) , QY . • • R • q W • y • Y • ▪ • 6 d • vA `5 a