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Home My WebLink AboutRes2015-066 Sponsored by: Planning&Zoning Commission Public Hearing: August 10, 2015 CITY OF SEWARD,ALASKA RESOLUTION 2015-066 A RESOLUTION OF THE SEWARD CITY COUNCIL RECOMMENDING KENAI PENINSULA BOROUGH APPROVAL OF THE FOREST ACRES LEVEE REPLAT NO. 2; CREATING SEVEN (7) 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 (DIECKGRAEFF ROAD) LOCATED WITHIN THE RESOURCE MANAGEMENT ZONING DISTRICT WHEREAS, administration hired Cline and Associates Land Surveyors to prepare a preliminary plat of the City and privately owned parcels lying north and south of the west end of the North Forest Acers Levee; and WHEREAS, Cline and Associates has submitted the preliminary plat to be known as Forest Acres Subdivision, Levee Replat Number 2; and WHEREAS, this platting action will vacate, undeveloped and no longer used Rights-of- Way, and undeveloped utility easements throughout the replat; and WHEREAS, this platting action will dedicate the Right-of-Way for the remaining public use easement of Dieckgraeff Road, additional Right-of-way for Pine, Oak, Maple Streets and Dimond Boulevard; and WHEREAS, Cline and Associates 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 No. 2; and WHEREAS, the area included within this replat is currently zoned Resource Management (RM), this replat does not create any non-conforming structures or lots within the current zoning district; and WHEREAS, no subdivision installation agreement is necessary because Tract A and B are large parcels totaling 76,000 acres and the remaining five(5)parcels are governed by special plat notes; 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 2015-066 WHEREAS, as required by Seward City Code §16.01.015, Conditions to plat approval, property owners within 300 feet of the requested replat were notified of the proposed subdivision, and the property was posted with public notice signage; and WHEREAS,the Seward Planning and Zoning Commission held a public hearing on July 14, 2015 and approved Resolution 2015-15, recommending Council and the Kenai Peninsula Borough approve the Forest Acres Subdivision, Levee Replat No. 2. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD,ALASKA,that: Section 1. The Seward City Council recommends that, in accordance with Seward City Code Section 16.01.015 (B), the submittal of the Forest Acres Levee Replat No. 2 to the Kenai Peninsula Borough. Section 2. The Seward City Council further recommends the Kenai Peninsula Borough Planning Commission approve the vacation of all undeveloped Rights-of-Way and Easements as proposed by the Forest Acres Levee Replat No. 2. Section 3. The Seward City Council further recommends the Kenai Peninsula Borough Planning Commission approve the dedication of additional Rights-of-way for Dieckgraeff Road, additional Right-of-way for Pine, Oak, Maple Streets and Dimond Boulevard and the additional easements as proposed by the Forest Acres Levee Replat No. 2. Section 4. The Seward City Council further recommends Kenai Peninsula Borough approval of the Forest Acres Levee Replat No. 2. Section 5. This resolution shall take effect 30 days after passage and posting as required by Seward City Code § 7.05.145. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 10th day of August 2015. THE CITY OF SEWARD,ALASKA J an Bardarson,Mayor CITY OF SEWARD,ALASKA RESOLUTION 2015-066 AYES: Keil, Casagranda, Terry, Squires, Butts, Darling, Bardarson NOES: None ABSENT: None ABSTAIN: None ATTEST: .0 J /4f4- anna ty Clerk (City Seal) • • F • . i ' —+— •: o : • SEAS, ° ® i S - - .'E OFiR�-wo••' Agenda Statement r �ofst� q14 Meeting Date: August 10, 2015 ,sl ligotAp To: City Council ' 4LA511�P Through: Jim Hunt, City Manag g Ron Long, Assistant City Manager From: Donna Glenz, Planner Agenda Item: Resolution 2015- bl919 recommending City Council and Kenai Peninsula Borough approval of the Forest Acres Subdivision, Levee Replat No. 2 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." This replat contains an area totaling approximately 83.115 acres and is located abutting the western end of the North Forest Acres Levee, both to the north and south. The purpose of the plat is to convert the remaining public use easements acquired for the North Forest Acres Levee project into public Right-of-Way (ROW) and to vacate the old alignment of Dimond Boulevard ROW north of the new Dieckgraeff Road. The ROW being vacated is being replaced by dedication of the new alignment of Dieckgraeff Road and by easements to protect the existing utilities. The existing 40 foot ROW for Oak, Maple, Birch and Diamond (south of Dieckgraeff Road) that adjoin these parcels are being expanded to meet the current City of Seward minimum ROW width of 50 feet. SUBDIVISION REVIEW: Zoning: The replat area is currently zoned Resource Management (RM). Utilities: The large Tracts A and B are owned by the University of Alaska, Lots AU-1 and ZZ-1 are privately owned and the remaining Lots AW-1, AV-1 and MM-1 are owned by the City. These seven (7) parcels are not served by the public sewer system. This plat requires an exception to Kenai Peninsula Borough (KPB) wastewater disposal regulations (KPB 20.40) for lots AW-1, AV-1, ZZ-1 and MM-l. Development of these lots is prohibited until public water and sewer systems are available. A temporary on-site septic system is proposed for Lot AU-1. An engineer's wastewater investigation has been completed. Public water and electric utilities are within the adjacent ROW for Lot AU-1. Tracts A and B meet KPB requirements for wastewater disposal for lots over 200,000 square feet, therefore no exception request is required. Existing Uses: The Forest Acres Levee was built running East and West through a portion of the current parcels within a public access easement. The levee contains the 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 the entire area is located within a Special Flood Hazard Area. CONSISTENCY CHECKLIST: Yes No N/A Comprehensive Plan (2020, approved by Council August 8, 2005) 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 X appropriate land use policies and regulations.. 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. Strategic Plan (Approved by Council Resolution 99-043): Mitigate Flood Hazards 2' Secure funding to implement the comprehensive flood mitigation plan X for the Resurrection River and Japanese Creek Municipal Lands Management Plan: (Adopted by Council Resolution 2014-095) 3 Retain land ownership. Develop a "conservation overlay district." X Develop the area south of the levee as a non-amenities camping area. (page 18) All Hazard Mitigation Plan (April 2010) The North Forest Acres Levee area is noted in the All Hazard 4. Mitigation Plan in many places as a potential hazard area for flood X inundation hazard area. The plan recommends the Levee and as an open space safety zone. INTENT: To vacate a section of the original Dimond Blvd. and dedicate the public ROW for the western end of Dieckgraeff Road and cleanup the area affected by the North Forest Acres Levee project FISCAL NOTE: Survey fees, platting fees to the Kenai Peninsula Borough and Certificate to Plat costs were paid from Community Development Contracted Services Budget. Approved by Finance Department: dad.„;&.,) ,1 ATTORNEY REVIEW: Yes: No: X N/A: X yr q P Staff Comments: All staff and administration 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 the public hearing. Public notice signs were posted on the property and all other public hearing requirements of Seward City Code §15.01.040 were complied with. At the time of this publication the Community Development Department had received several public inquiries. All inquiries requested explanation of the location and dedication of the Dieckgraeff Road ROW. All were satisfied with the information provided and supported the replat. RECOMMENDATION: Approve Council Resolution 201519° recommending Kenai Peninsula Borough approval of the Forest Acres Subdivision Levee Replat No. 2.