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HomeMy WebLinkAboutNon-CodeOrd2013-011 Sponsored by: Hunt Introduction Date: August 12, 2013 Public Hearing Date: August 26, 2013 Enactment Date: August 26, 2013 CITY OF SEWARD, ALASKA NON -CODE ORDINANCE 2013 -011 A NON -CODE ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING A REPLAT OF TRACT C -1, GATEWAY SUBDIVISION PER PLAT NUMBER 85 -9, AS GATEWAY SUBDIVISION ADDITION NO. 2, EXEMPTING THE TRANSFER OF TRACT C -6 OF THE REPLAT FROM THE SUBDIVISION REQUIREMENTS OF TITLE 16 OF THE SEWARD CITY CODE OF ORDINANCES, AND AUTHORIZING THE LANDOWNER TO COMPLETE THE REPLAT SUBJECT TO CERTAIN CONDITIONS WHEREAS, SCC 16.01.015 provides that a plat cannot be approved until all required subdivision improvements are provided for, or the owner of the land has entered into a binding subdivision agreement to provide the improvements within three years; and WHEREAS, the owner of the land has no current intention of developing the land or fir.. selling any parcels within the proposed subdivision other than a possible sale of Tract C -6; and WHEREAS, the Kenai Peninsula Borough reviewed access to Tract C -6 and has determined there is sufficient public access from the Hemlock Street Right -of -Way; and WHEREAS, AS 29.40.180 and AS 40.15.010 prohibit the transfer of, sale of, offer to sell, or entering into a contract to sell land without a plat; and WHEREAS, the city is interested in negotiating for a possible purchase of Tract C -6 as a site for a water storage tank, where the water tank could allow further development in the surrounding area; and WHEREAS, the new plat would prohibit further sale of lots or parcels within the subdivision without a subdivision agreement that complies with SCC Title 16 to provide the required improvements. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, HEREBY ORDAINS that: Section 1. This is a Non -Code Ordinance. Section 2. The proposed replat of Tract C -1, Gateway Subdivision, per Plat 85 -9, to be ,,,• known as Gateway Subdivision Addition No. 2, in the Seward Recording District, Third Judicial CITY OF SEWARD, ALASKA NON -CODE ORDINANCE 2013 -011 Page 2 of 2 District, State of Alaska, and in substantially the form presented at this meeting, may be finalized and recorded subject to the following conditions: A. The final plat shall state: With the exception of the transfer of Tract C -6 to the City of Seward, no other land subject to this Plat shall be transferred, and no building permits shall be issued by the City of Seward, until the subdivision improvement requirements of Title 16 of the Seward City Code have been met. B. The city's acceptance of the right -of -way dedications as shown on the plat do not require the city to survey, construct, or maintain such areas, and the city has no obligations within the subdivision until approved subdivision improvements are completed. Section 3. Any required building permits for construction of a water tank and related structures on Tract C -6 may be issued, without regard to SCC Title 16, provided that all other ordinance requirements of the Seward City Code are met. Section 4. The City Council expressly finds that the provisions of this ordinance are limited to the special circumstances surrounding the proposed use of Tract C -6 and its current condition, giving rise to the need for an exemption to certain provisions of Title 16 of the Seward City Code, and does not set a precedent for any future plat or land transfers. Section 5. This ordinance shall take effect ten days following its enactment. ENACTED by the City Council of the City of Seward, Alaska, this 26 day of August, 2013. THE CITY OF SEWARD, ALASKA David Seaway, ayor AYES: Valdatta, Bardarson, Keil, Shafer, Terry, Seaward NOES: None ABSENT: Casagranda ABSTAIN: None ATTEST: •• X , / OP, ...0 Brenda J. Ba . ° o Acting City Clerk = C y P i • t • awl • d0..` . iP / ... . 1, ATer ¥o. Agenda Statement o f se iret Meeting Date: August 12, 2013 . 40 To: City Council '�tasKa Through: Jim Hunt, City Manager Ron Long, Assistant City Manager From: Donna Glenz, Planner Agenda Item: Non -Code Ordinance authorizing the replat of Gateway Subdivision No. 2 and exempting the transfer of Tract C6 from the requirements of Title 16 of the City code subject to certain conditions BACKGROUND & JUSTIFICATION: Attached for the Councils review and enactment is Non -Code Ordinance 2013 -40 This Non - Code Ordinance exempts the transfer of Tract C6 of the Gateway Subdivision Replat Number 2 from the subdivision requirements of Title 16 of the Seward City Code, and allows the completion of the replat. On May 28, 2013 the Council approved Resolution 2013 -034, recommending the Kenai Peninsula Borough approve the Gateway Subdivision Replat Number 2, subject to certain conditions. One of the conditions was to address the subdivision requirements of Title 16 with a subdivision agreement before completion of the final plat. Due to the findings and special circumstances noted listed within this Non -Code Ordinance; an exception is being requested to the requirements of Title 16. The final plat would be required to contain notes as stated in the Ordinance to protect future landowners. REVIEW OF THE REPLAT AREA: The proposed replat subdivides the existing Tract Cl, Gateway Subdivision into four (4) parcels to be known as Tracts C4, C5, C6 and C7, containing approximately 33.55 acres. This platting action will dedicate the 60 foot Rights -of -Way extensions of Olympia Road and Afognak Avenue, providing legal dedication of Olympia Road through to Afognak Avenue. Also dedicated are numerous utility easements. Tract C6, located in the northeast corner of this subdivision is the proposed site for the new City water storage tank. This tract will be accessed via the existing 34 foot right -of -way known as Hemlock Street and the 33 foot section line easement, running south from the intersection of Hemlock and Afognak Avenues. The City's possible acquisition of Tract C6 is subject to an agreement to be negotiated with the landowner and approved by City Council. SUBDIVISION REVIEW: Zoning: The parcels within this replat are within the Single Family Zoning District. The zoning surrounding the replat is as follows: Single and Multi - Family zoning to the south and west, Institutional and Single Family zoning to the east and Rural Residential and Resource Management zoning to the north. U Utilities: The subdivision area is not currently serviced by municipal water, sewer, electric, other utilities or constructed public rights -of -way; therefore the attached non -code Ordinance is being presented for Council's approval. This non -code Ordinance allows the completion of the Replat and the possible sale of Tract C6 to the City by exempting the transfer of Tract C6 from the subdivision agreement requirements of Title 16 and authorizing the landowner to complete the replat subject to certain conditions. Existinji Uses: There is currently no infrastructure or permanent structures located within this replat area. Flood Zone: This area is not located within a Special Flood Hazard Area. CONSISTENCY CHECKLIST: Yes No N/A Comprehensive Plan (2020): 3.2 Land Use 3.2.1 Promote residential and commercial development within the City 1 of Seward and its vicinity in accordance with community values X Public Safety Establish alternative north -south routes throughout the community for emergency evacuations. Page 14. 2. Strategic Plan: X 3. Other (list): X Staff Comments: Administration and staff have worked with the City Attorney to review and discuss this platting action. By addressing the requirements of Title 16 with the attached Non -Code Ordinance all concerns will been resolved and the water storage tank project will be allowed to move forward. INTENT: To allow replat of the area and a possible transfer of Tract C6 without the need for a subdivision agreement as otherwise required by Title 16 of the Seward City Code. The landowner has no immediate plans for further development of the area or transfer of other lots. FISCAL NOTE: Costs of this replat were covered with the funds for the new water storage tank location funds. Approved by Finance Department:,) ATTORNEY REVIEW: Yes X No RECOMMENDATION: Enact Non -Code Ordinance 2013 - 0 . Exempting the replat of Gateway Subdivision Addition No. 2 and transfer of Tract C6 of the replat from the subdivision requirements of Title 16 of the Seward City Code of Ordinances, and authorizing the landowner to complete the replat subject to certain conditions.