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HomeMy WebLinkAboutRes2010-013 Sponsored by: Oates ` CITY OF SEWARD, ALASKA RESOLUTION 2010 -013 A RESOLUTION OF THE SEWARD CITY COUNCIL RECOMMENDING KENAI PENINSULA BOROUGH APPROVAL OF THE TWO LAKES PARK PRELIMINARY REPLAT WHICH ESTABLISHES THE OUTER BOUNDARIES OF THE TWO LAKES PARK, INCLUDES THE VACATION OF ALL INTERIOR UNDEVELOPED RIGHTS -OF -WAY, EASEMENTS AND INTERIOR PLATTED LOT LINES; AND DEDICATES ADDITIONAL EASEMENTS AND EXTENDS THE VISTA AVENUE RIGHT -OF -WAY NORTH PROVIDING LEGAL ACCESS TO USS 1931, LOCATED PREDOMINATELY WITHIN THE PARK ZONING DISTRICT WHEREAS, administration hired Cline and Associates Land Surveyors to prepare a preliminary plat of the City owned lands, establishing the perimeter boundary of the historical area commonly known as Two Lakes Park; and WHEREAS, Cline and Associates has submitted the preliminary plat to be known as Federal Addition — Two Lakes Park Replat; and ,. WHEREAS, this platting action will vacate all interior lot lines, undeveloped Rights -of- Way, and undeveloped utility easements creating three (3) parcels totaling 28.392 acres; and WHEREAS, the parcel known as Two Lakes Park contains 25.014 acres having a legal description of Block 15B; the parcel known as Alaska Vocational Technical Center (AVTEC), located at the Southeast edge of Two Lakes Park having a legal description of Block 6B contains 3.058 acres; and the third parcel included in this platting action is privately owned having a legal description of Lot 1A, Block 16 Federal Addition contains 8,295 square feet; and WHEREAS, this platting action will provide access to adjoining parcel USS 1931 by the dedication of a 60 foot Right -of Way extension of Vista Avenue as requested by the private owners of USS 1931; and WHEREAS, the State has agreed to convey title o the western portion of the First Avenue Right -of -Way, which contains the main entrance into Two Lakes Park, back to the City; and WHEREAS, the Planning and Zoning Commission held several public work sessions during which the Public and the Commission expressed strong requests that the Two Lakes Park be held in perpetuity as a Park; and `t... } CITY OF SEWARD, ALASKA RESOLUTION 2010 -013 WHEREAS, Harriman Lake (later known as First Lake) was proposed as a Park by Mrs. Hazel. Ray of the Seward Women's Club in 1937 and with the financial support and dedication of the City Council and the American Legion the area was developed into the beginnings of what has become known as Two Lakes Park; and WHEREAS, local historian and author, Mary J Barry, noted on page 42 in Volume I of her book Seward Alaska A History of the Gateway City, that the original homestead of D. C. Brownell Sr., which included the First Lake area, was purchased by the City of Seward for a subdivision and a park in 1950; and WHEREAS, Two Lakes Park was recommended to the Seward Register of Historic Places by the Historic Preservation Commission Resolution 99 -04 and accepted to the Register by Seward City Council Resolution 1999 -055; and WHEREAS, the areas included within this replat are currently zoned Park (P), Single Family (R1), Urban Residential (UR), Resource Management (RM) and Institutional (INS); this replat does not create any non - conforming structures or lots within any of the current zoning districts; and .w WHEREAS, no subdivision installation agreement is necessary because all parcels are currently serviced by municipal roads, water, sewer, electric and other utilities; and WHEREAS, either by the proposed platting action or by separate written agreements the current and proposed utilities and accesses have been provided for and/or protected, and WHEREAS, the Emergency Access Escape Route used during the 1964 Earthquake is shown on the plat and shall be protected by a Reciprocal Access Permit and Easement Agreement between the owners of USS 1931 and the City which shall be recorded as a separate document prior to recording of the final plat; and WHEREAS, the Reciprocal Access Permit and Parking Agreement between the State (AVTEC) owners of Lot 6B and the City shall be signed and recorded before the final plat is recorded; and WHEREAS, the Seward Planning and Zoning Commission held a public hearing and approved Resolution 2010 -02, recommending the Seward City Council and the Kenai Peninsula Borough approval of the replat. CITY OF SEWARD, ALASKA RESOLUTION 2010 -013 imp NOW, THEREFORE, BE IT RESOLVED BYTHE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, that: Section 1. The Seward City Council recommends the Kenai Peninsula Borough Planning Commission approve the Two Lakes Park Replat subject to the following conditions: 1. The Reciprocal Access Permit and Easement Agreement between the owners of USS 1931 and the City shall be signed and recorded before the final plat is recorded. 2. The Reciprocal Access Permit and Parking Agreement between the State (AVTEC) owners of Lot 6B and the City shall be signed and recorded before the final plat is recorded. 3. The title transfer for the western half of the vacated First Avenue Right -of -Way shall be signed before the final plat is recorded. 4. Change note of access to the unsubdivided remainder of USS 703 to read: "existing access via Lowell Canyon Road" (not Jefferson). "" 5. Add a note stating public access to Block 15B is provided by the public Rights -of- Way of Second Avenue, Hulm Lane and Vista Avenue. 6. Request the surveyor remove the documentation of the existing historical evacuation trail depicted on Lot 1, Callahan Replat. Section 2. The Seward City Council further recommends the Kenai Peninsula Borough Planning Commission approve the vacation of all undeveloped interior Rights -of -Way as proposed by the replat. Section 3. The Seward City Council further approves the acquisition of the western 40 feet of the vacated First Avenue Right -of -Way. Section 5. This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED by Seward City Council this 22 day of February 2010. CITY OF SEWARD, ALASKA RESOLUTION 2010 -013 THE CITY OF SEWARD, ALASKA ‘ 111.111 �� tea_ Willard E. Dunham, Mayor AYES: Valdatta, Bardarson, Keil, Amberg, Shafer, Dunham NOES: None ABSENT: Smith ABSTAIN: None ATTEST: J 4 Je(i Lewi CM Ci l y Clerk 'o osams88, 4 � • �'• (City Seal) :4�' �' •• ,o F:� =:47%.� SEA • 1, -- 1 i • J City Council Agenda Statement Meeting Date: February 22, 2010 / of s Through Phillip Oates, City Manager a1/4.AsKP Christy Terry, Community Development Director From: Donna Glenz, Associate Planner op,Ari Agenda Item: Resolution 2010 - ecommending City Council and Kenai Peninsula Borough approval of the Federal Addition - Two Lakes Park preliminary replat BACKGROUND & JUSTIFICATION: Attached for the Council's approval and recommendation to the Kenai Peninsula Borough Planning Commission is a preliminary plat submitted by Cline and Associates on behalf of the City of Seward. 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." Cline and Associates was hired to survey and establish the boundary of the area commonly known as Two Lakes Park. This replat contains an area totaling approximately 28.392 acres and is located west of Second Avenue between A Street and Hulm Lane. The majority of the area, approximately 25 acres, known as Two Lakes Park is owned by the City. The second parcel included in this replat is approximately 3 acres and commonly known as the AVTEC Second Avenue facility and is owned by the State of Alaska. The third and final parcel included within this replat is located north of the AVTEC parcel and abuts Second Avenue. This parcel contains 8,295 square feet and is privately owned. This platting action will vacate all interior lot lines, undeveloped Rights -of -Way and undeveloped utility easements. The replat also dedicates a 60 foot Right -of -Way extension of Vista Avenue, providing legal access to the privately owned parcel USS 1931, located to the west of the Two Lakes Park area. This 60 foot Right -of -Way access was specifically requested by the owners of USS 1931. The replat also dedicates utility and emergency access easements. The Community Development staff and the Planning and Zoning Commission have worked with the surveyor, the public through both public meetings and in the office and with the adjacent property owners to develop the platting action before you. The development of this replat has been a goal of the public and City staff for many, many years. Replatting of the Two Lakes Park area has been on the Planning and Zoning Priority List as approved by Council for many years. Credit for the years of work done on the history and continued efforts to accomplish this replat is given to former Community Development Directors/Planners Kerry Martin and Rachel James. 3 2 Seward P r acj ., . .. _ . - Agenda Statement — Resolution 2010 Page2of5 13 Research history of the area has produced some interesting facts. Harriman Lake (later known as First Lake) was proposed as a Park by Mrs. L. V. (Hazel) Ray of the Seward Women's Club in 1937 and with the financial support and dedication of the City Council and the American Legion the area was developed into the beginnings of what has become known as Two Lakes Park. Local historian and author, Mary J Barry, noted on page 42 in Volume I of her book Seward Alaska A History of the Gateway City, that the original homestead of D. C. Brownell Sr., which included the First Lake area, was purchased by the City of Seward for a subdivision and a Park in 1950. And Two Lakes Park was recommended to the Seward Register of Historic Places by the Historic Preservation Commission Resolution 99 -04 and accepted to the Register by Seward City Council Resolution 1999 -055. During the public work sessions both the public and the Planning and Zoning Commission expressed strong requests that the Two Lakes Park be held in perpetuity. Based on information from the surveyor and the Borough platting officer the plat is not the venue to accomplish the dedication in perpetuity. At the request of the public and the Planning and Zoning Commission, staff plans to continue pursuing ways to dedicate this area as a Park in perpetuity. At the time of the 1964 earth quake and tsunami a North/South emergency route was established through the Park and the abutting USS 1931 parcel. The tsunami had destroyed the lower route between the lagoon and the boat harbor. For many years it has been a goal of staff and the community to reestablish this route as an emergency evacuation route. However a portion of the route encroaches into the privately owned parcel USS 1931. The current owners of USS 1931, Robert and Patricia Linville have worked with the staff and are graciously willing to sign a Reciprocal Access Easement Agreement with the City that would allow the emergency access route through their parcel. Staff is currently working with the City attorney to produce the agreement, which shall be signed and recorded before the final plat is recorded. The main entrance into Two Lakes Park has historically been located within the western portion of the First Avenue Right -of -Way located to the West of the AVTEC parcel. Generally when a right -of -way is vacated half of the right -of -way is dedicated to each abutting property owner. However, in this case the entire First Avenue Right -of -Way was originally dedicated from the Federal Addition Subdivision and when vacated would remain with the original subdivision. Through negotiations with the State an agreement has been reached to split the right -of -way in half with the western half being conveyed from the State back to the City. Staff is also working on the re -write of the Reciprocal Access and Parking Agreement between AVTEC and the City. Both of the documents shall be signed before the final plat is recorded. SUBDIVISION REVIEW: Zoninj': This replat contains Five (5) zoning districts. The larger area known as Two Lakes Park is predominantly zoned Park (P). The AVTEC and City parcel to the North are zoned Institutional (INS). The privately owned parcel is zoned Urban Residential (UR). There are several small areas located along the eastern boundary of the Park that are currently zoned Single Family (R1). 33 Seward PI o i ji siting- anti Agenda Statement — Resolution 2010 Page 3 of 5 i 3 These small areas are remaining from a replat and land trade accomplish several years ago. A portion (approximately 2 acres) at the South end of the Park is currently zoned Resource Management (RM). This replat does not create any non - conforming lots or structures. Once the platting action has been completed and recorded the Community Development Staff intends to bring a rezone recommendation before the Planning and Zoning Commission and the Council to "clean-up" the zoning within the Park. Utilities: The properties are served by all necessary utilities; therefore a subdivision agreement is not required. The proposed platting action provides utility easements for all existing utilities and current accesses. Existing Uses: The large parcel to be known as Lot 15B contains the approximate 25 acres known as Two Lakes Park. The approximate 3 acre parcel to be known as Lot 6B contains the AVTEC Second Avenue Facility. The 8,295 square foot parcel to the north of AVTEC is currently vacant land and privately owned. Flood Zone: This area is not located within a FEMA mapped Flood Zone. However the area contains two lakes and a marshy wetland area and several small streams. CONSISTENCY CHECKLIST: Yes No N/A 1. Comprehensive Plan (2020) X 2.0 Community Vision and Values for 2020 Recreation: "We value diverse, year - round, indoor and outdoor recreational opportunities and facilities for residents and visitors of all ages and socioeconomic backgrounds. (Bullet 3, page 12) Protect open space by ensuring that Two Lakes Park is platted, zoned, and dedicated for park purposes in perpetuity. Public Safety: We value a safe community and a feeling of security. (Bullet 5, page 14) Establish alternative north -south routes throughout the community for emergency evacuations. 3.6.1. (page 25) Improve, expand and diversify year -round parks and recreational opportunities for residents and visitors. 3.6..1.1 (page 25) (Bullet 5) Complete the Two Lakes Park improvement plan, including interior lot line vacations. 2. Strategic Plan (1999) X _ Recreation and Leisure (page 12) Develop and Improve Public Playgrounds (Bullet 2) Complete Two Lakes Park Improvement Plan Sew Pl a n ;na ion Agenda Statement — Resolution 2010 Page4of5 �3 (Bullet 2) Complete Two Lakes Park Improvement Plan 3. All Hazard Mitigation Plan (July 2004) X C. Mitigation Measures (page 22) Acquire land within the city to develop a secondary evacuation route that bypasses the Seward lagoon and boat harbor areas. Provide barriers to this route and designate it as a recreational trail for use outside of emergency access. (Planning and Zoning Commission, May 6, 2004) 4. Seward City Code (See above review) Staff Comments: Community Development staff has held several meetings with department heads to review and discuss this platting action. All concerns have been addressed and all City department heads recommend approval of this preliminary replat. Public Comment: Property owners within three hundred (300) feet of the proposed platting action were notified of this platting action. Public notice signs were posted on the property, and all other public hearing requirements of Seward City Code §15. 01.040 were complied with. Additionally staff has solicited review assistance and support from several members of the community who have had long standing interests in the Two Lakes Park area. At the time of this publication the Community Development Department has received three written comments. Two were letters from adjacent property owners, both expressing strong support for the replat. The third letter was from an adjacent property owner to the southeast, regarding the emergency access trail and easement noted on the plat. Staff has addressed this concern by adding a condition 6 requesting the historical access depicted on the replat be removed from the adjacent Lot 1, Callahan Replat. Staff has also received several verbal questions and /or comments from the public. The questions were clarification regarding the boundary of the Park. All questions were answered and comments followed for support of the Two Lakes Park replat. No comments in objection to the replat have been received. FISCAL NOTE: Costs for surveying were paid in 2009. Filing fees to the Kenai Peninsula Borough for the re- plat are not to exceed $500.00 and will be paid in 2010. Approved by Finance Department: 35 Seward P an i „^ and �o_o _44mmission Agenda Statement — Resolution 201092' Page 5 of i3 ATTORNEY REVIEW: Staff is currently working with the City attorney to produce the Reciprocal Access Easement Agreements, and the title exchange document for the west portion of the vacated First Avenue Right of Way. RECOMMENDATION: Approve City Council Resolution 2010 -13 recommending Kenai Peninsula Borough approval of the Federal Addition — Two Lakes Park Replat, subject to certain conditions. 36 1 i pli 1:11::: ii al L1 L� _ r Park Single Family] /E L _ it_ j I NM 71 Urban Residential i l i Institutional Resource Management WI I II III II II Current Zoning Map Council Resolution 2010 - .....\ .ft,:e �' , N Date February 22, 2010 Two Lakes Park Replat a 0 187.5 375 Feet Assistance ance by Checked by: DG IenZ I I I Alaska Map Co. U 4.