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Home My WebLink AboutRes2012-071 Sponsored by: Hunt CITY OF SEWARD, ALASKA RESOLUTION 2012 -071 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA RECOMMENDING KENAI PENINSULA BOROUGH APPROVAL OF THE FOREST ACRES SUBDIVISION LEVEE REPLAT; CREATING FOUR (4) PARCELS; VACATING UNDEVELOPED RIGHTS -OF —WAY AND UTILITY EASEMENTS WHILE DEDICATING NEW RIGHTS -OF -WAY AND UTILITY EASEMENTS; LOCATED NORTH AND SOUTH OF THE NORTH FOREST ACRES LEVEE AND PREDOMINATELY WITHIN THE RESOURCE MANAGEMENT ZONING DISTRICT WHEREAS, administration hired Cline and Associates Land Surveyors to prepare a preliminary plat to be known as Forest Acres Subdivision, Levee Replat; and WHEREAS, this platting action will vacate interior lot lines, undeveloped Rights -of -Way, and undeveloped utility easements creating four (4) parcels totaling 54.59 acres; and WHEREAS, this platting action will dedicate additional lands to Lot B1 as per the Settlement Agreement approved by City Council in Resolution 2012 -025; and WHEREAS, this platting action will dedicate additional right -of -way for Dieckgraeff Road and cul -de -sac rights -of -Way for Laurel, Spruce and Fir Streets; and WHEREAS, Cline and Associates has worked diligently with City staff to protect and provide easements for existing and planned utilities throughout the replat area; and WHEREAS, City staff have reviewed, commented and support the proposed Forest Acres Levee Replat; and WHEREAS, the vast majority of the area included within this replat is currently zoned Resource Management (RM); approximately 1 acre is zoned Single Family (R1) and just under 2 acres is zoned Rural Residential (RR); this replat does not create any non - conforming structures or lots within the current zoning districts; and WHEREAS, no subdivision installation agreement is necessary because Tracts 5A and 5C are subject to undevelopable restrictive covenant; Tract 5B is a large 6 acre parcel and Lot B u s governed by a settlement agreement signed by Council Resolution 2012 -025; and WHEREAS, it is the Planning and Zoning Commission's responsibility to act in an advisory capacity to the Seward City Council and the Kenai Peninsula Borough regarding subdivision plat .., proposals; and CITY OF SEWARD, ALASKA RESOLUTION 2012 -071 WHEREAS, the Seward Planning and Zoning Commission held a public hearing on September 4, 2012 and approved Resolution 2012 -14, recommending Council and the Kenai Peninsula Borough approve the Forest Acres Subdivision, Levee Replat; and WHEREAS, in accordance with Seward City Code Section 16.01.015 (B), no preliminary plat of city -owned property may be submitted to the Kenai Peninsula Borough for approval without prior consent of the City Council. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, that: Section 1. The Seward City Council recommends the Kenai Peninsula Borough Planning Commission approve the vacation of all undeveloped interior rights -of -way and easements as proposed by the Forest Acres Subdivision Levee Replat. Section 2. The Seward City Council further recommends the Kenai Peninsula Borough Planning Commission approve the dedication of additional rights -of -way for Dieckgraeff Road, the cul -de -sac turnarounds for Laurel, Spruce and Fir Streets and the additional easements as proposed by the Forest Acres Levee Replat. Section 3. The Seward City Council further recommends the Kenai Peninsula Borough Planning Commission approve the Forest Acres Subdivision Replat. Section 4. This resolution shall take effect thirty (30) days after passage and posting as required by Seward City Code § 7.05.145. PASSED AND APPROVED by Seward City Council this 10`" Day of September, 2012. THE CITY OF SEWARD, ALASKA ( 1 David Seawars, 1 a or AYES: Valdatta, Bardarson, Keil, Shafer, Casagranda, Terry, Seaward NOES: None ABSENT: None ABSTAIN: None orrii CITY OF SEWARD, ALASKA RESOLUTION 2012 -071 +. ATTEST: jk?A J hanna Kin , CMC it It y Clerk (City Seal) • SEAL i • .. � Fl ae` '` OF , - ,e" Agenda Statement 40 F S@ EI 4. A Meeting Date: September 10, 2012'" To. City Council _ Through: Jim Hunt, City Manager gtasV•P mir Ron Long, Assistant City Manager From: Donna Glenz, Planner Agenda Item: Resolution 2012 - 011 recommending City Council and Kenai Peninsula Borough approval of the Forest Acres Subdivision, Levee Replat BACKGROUND & JUSTIFICATION: Attached for the Council's review 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 Council." Cline and Associates was hired to survey and establish the boundary of the new Lot B -1 as defined by the Settlement Agreement approved by City Council Resolution 2012 -025 and to re- establish and combine areas affected by the new North Forest Acres Levee project. This replat contains an area totaling approximately 54.59 acres and is located abutting the North Forest Acres Levee. This platting action vacates all interior lot lines, undeveloped Rights -of -Way and undeveloped utility easements. The replat also dedicate additional lands to Lot B1 as per the Settlement Agreement approved by City Council in Resolution 2012 -025, dedicates a 100 foot Right - of -Way for the new North Forest Acres Levee and Dieckgraeff Road, cul -de -sac Rights -of -Way for Laurel, Spruce and Fir Streets, and provide easements for existing and planned utilities. SUBDIVISION REVIEW: Zoning: This replat contains Three (3) zoning districts. The vast majority of the area is currently zoned Resource Management (RM); approximately 1 acre is zoned Single Family (R1) and just under 2 acres is zoned Rural Residential (RR). 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 small areas of Rural Residential and Single Family Zoning. This replat does not create any non - conforming lots or structures. Utilities: There are no public utilities available to these parcels. The proposed platting action provides utility easements for all existing utilities and planned utilities. Tracts 5A and 5C are subject to undevelopable restrictive covenant; Tract 5B is a large 6 acre parcel and Lot Blis governed by a settlement agreement signed by Council Resolution 2012 -025. Therefore no subdivision agreement is required. as Existing Uses: The new Forest Acres Levee was built running East and West through a portion of the current parcels. The levee contains the new drive surface of Dieckgraeff Road which provides direct access from the Seward Highway to the Kenai Peninsula Borough Transfer Station and other commercial holdings. Flood Zone: Most of this area is located within a Special Flood Hazard Area. INTENT: To establish the boundary of the new Lot B -1 as defined by the Settlement Agreement approved by City Council Resolution 2012 -025 and to re- establish and combine areas affected by the new North Forest Acres Levee project CONSISTENCY CHECKLIST: Yes No N/A Comprehensive Plan Natural Hazards: We value a safe community and a feeling of security. 1 3.8.1. (page 28) Protect citizens from natural hazards by using appropriate land use policies and regulations.. X 3.8.1.2 (page 28) (Bullets 2) Use potentially hazardous public lands for low risk uses such as open space, wildlife and bird habitat protection, and recreation activities (document source here): Strategic Plan: Mitigate Flood Hazards 2. Secure funding to implement the comprehensive flood mitigation plan for X the Resurrection River and Japanese Creek All Hazard Mitigation Plan (April 2010): The North Forest Acres Levee area is noted in the All Hazard Mitigation 3. Plan in many places as a potential hazard area for flood inundation hazard X area. The plan recommends the Levee and as an open safety zone. FISCAL NOTE: Costs for surveying were $8,900.00 from 666 - 6664 -5390, Levee Project fund and 101 - 1150 -5390 Community Development Contracted Services Budget. Engineering fees for State of Alaska Department of Transportation Seward Highway driveway access permit $3,500.00 from 666 -6664- 5390 - 0000 - 00000 -000, Levee Project fund 4 Approved by Finance Department: ' . • ATTORNEY REVIEW: Yes No RECOMMENDATION: Approve Resolution 2012 - 01 recommending Kenai Peninsula Borough approval of the Forest Acres Subdivision Levee Replat. a