HomeMy WebLinkAboutRes2018-001Sponsored by: Planning and Zoning Commission
CITY OF SEWARD, ALASKA
RESOLUTION 2018-001
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA, RECOMMENDING KENAI PENINSULA BOROUGH APPROVAL
OF THE FOREST ACRES SUBDIVISION, LOT A, HARMON REPLAT;
CREATING FOUR (4) NEW LOTS TO BE KNOWN AS LOTS Al, A2, A3
AND A4; LOCATED WITHIN THE RURAL RESIDENTIAL DISTRICT
WHEREAS, Integrity Surveys, Inc. submitted a preliminary plat to the City of Seward for
review and recommendation to the Kenai Peninsula Borough; and
WHEREAS, the property is zoned Rural Residential (RR) which is intended to provide for
stable, quiet, low density (one or two dwelling units per acre) detached single-family residential
development, free from other uses except those which are both compatible and convenient to
residents of such a district, including recreational, religious and educational facilities of an
appropriate scale and design complementary to the neighborhood character; and
WHEREAS, this platting action subdivides the existing 2.438 acres of Lot A, Forest Acres
. Subdivision into four (4) parcels to be known as lots Al, A2, A3 and A4, containing approximately
24,960 square feet; and
WHEREAS, the new lots meet the minimum lot size and width requirements of the Seward
Zoning Code; and
WHEREAS, the developer has entered into a subdivision agreement with the City of
Seward, as per Seward City Code 16.05.015; and
WHEREAS, this subdivision will dedicate an existing 5 foot Right -of -Way (ROW) and 10
foot utility easement along Maple Street, Cedar Street and Hemlock Street; and
WHEREAS, this subdivision will provide more land for development within the City of
Seward; and
WHEREAS, as required by Seward City Code Section 16.01.015 Conditions to plat
approval, property owners within 300 feet of Lot A, Forest Acres Subdivision, were notified of the
proposed subdivision, and the property was posted with public notice signs; and
WHEREAS, in accordance with Seward City Code, the Planning and Zoning Commission
held a public hearing on December 5, 2017 and approved Resolution 2017-15, recommending
Seward City Council and Kenai Peninsula Borough approval of the Harmon replat.
CITY OF SEWARD, ALASKA
RESOLUTION 2018-001
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SEWARD ALASKA, that:
Section 1. The Seward City Council recommends that the Kenai Peninsula Borough Planning
Commission approve the Forest Acres Subdivision, Lot A Harmon Replat.
Section 2. 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 the City Council of the City of Seward, Alaska on this 81h
day of January 2018.
THE CITY OF SEWARD, ALASKA
David Squires, Ma r
AYES: Slater, Horn, Towsley, Squires
NOES: None
ABSENT: Casagranda, Keil, McClure
ABSTAIN: None
ATTEST:
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Council Agenda Statement
Meeting Date: January 8, 2017
To: City Council
Through: Jim Hunt, City Manager
Ron Long, Assistant City ager
From:
Jackie C. Wilde, Planner
Agenda Item: Resolution 2018-001 recommending City Council and the Kenai
Peninsula Borough approval of the Forest Acres subdivision, Lot
A, Harmon Replat
BACKGROUND JUSTIFICATION
Attached for the Council's review and recommendation to the Kenai Peninsula Borough
Planning Commission is a preliminary plat submitted by Integrity Surveys, Inc. on behalf of
property owner Larry Harmon. 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 platting action is a replat of Lot A, Forest Acres Subdivision, creating Four (4) parcels to be
known as Lot Al, A2, A3 and A4, Forest Acres Subdivision, Harmon Replat, containing
approximately 24,960 square feet each. The replat is located northeast of the Maple Street and
Hemlock Street intersection, within the Rural Residential Zoning District.
This platting action will dedicate an existing 5-foot Right -of -Way (ROW) and 10 foot utility
easement along Maple Street, Cedar Street and Hemlock Street.
SUBDIVISION REVIEW:
The City has entered into a subdivision agreement with owner Larry Harmon.
Zoning:
This replat is located within the Rural Residential Zoning District (RR), which allows primarily
single-family homes. All properties surrounding this replat are also within (RR) Zoning District.
Utilities:
This replat is currently serviced by roads, municipal water and electric. The owner intends to
establish four 4 parcels with a useable area to build single family homes with an on -site septic
system. The applicant has worked with a soils engineer to preform site locations and soils test
for the on -site systems. The engineer has provided a soils report and will be required to sign the
replat. City sewer is more than 200 feet from the property corner. The applicant has worked
with the City, met all the code requirements and agreed to the conditions of an onsite utility
permit. Water and electric service has been completed for the subdivision.
W
Existing Uses:
The parcels within this replat are currently undeveloped. The surrounding parcels South of
Hemlock and East of Vista Street are also undeveloped. The parcels to the North and West
contain single family homes.
Flood Zone:
The area is not located within a Special Flood Hazard Area.
Public Comment:
Property owners within three hundred (300) feet of the proposed platting action were notified of
Planning and Zoning 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.
Staff Comment:
Staff has reviewed and supports the replat and the rights -of -way and utility dedications.
The Planning and Zoning Commission held a Public Hearing December 5, 2017 and
unanimously approved Resolution 2017-15 recommending the City Council approve the
submittal of the Cliff Addition. Faust Replat to the Kenai Peninsula Borough.
CONSISTENCY CHECKLIST:
Yes
No
N/A
Comprehensive Plan (2030, approved by Council May 30, 2017)
1.
1) Housing
X
I
3.3.1 Encourage development of new housing in Seward. (page is
Strategic Plan (Approved by Council Resolution 99-043):
2'
Growth Management and Land Use
X
• Promote Residential and Commercial Development inside the
City. (page 9)
City Code:
16.01.015. - Conditions to plat approval
(A.) No preliminary or final plat for the subdivision or re -subdivision of
X
3
land located within the city limits shall be approved by the city unless
all of the required improvements set forth in § 16.05.010 are provided
for by the subdivider ... _
INTENT: -
Council recommendation of t e Cliff Addition, Faust t submittal to Kenai Peninsula
Borough for final approval.
FISCAL NOTE:
There is no cost to the City for the submittal of a private property replat, the costs are paid by the
property owner.
Approved by Finance Department: _
ATTORNEY REVIEW: Yes: No: N/A X
RECOMMENDATION:
Approve Resolution 2018-001 recommending Kenai Peninsula Borough approval of the Harmon
Replat.
IPA
CITY OF SEWARD
P.Q. BOX 167
SEWARD, ALASKA 99664
SUBDIVISION AGREEMENT
THE CITY OF SEWARD (hereinafter the "City"), an Alaska home rule city, and Harmon Properties. LLC. (hereinafter
the "Developer"), enter into the following Agreement this 291" day of August, 2017.
Lawrence Harmon executes this Agreement on behalf of the Developer as President for the company. It is understood
that the Developer is a limited liability company, and that the person who executed the Agreement on behalf of the
Developer does so in the capacity of an officer and warrants that he has authority to execute this Agreement on behalf of
the Developer. The parties to this Agreement shall accept notices at the following addresses and telephone numbers:
OWNERMEVELOPER
Harrison Properties, LLC.
P.O. Box 1606
Seward, Alaska 99664
(907) 491-0206
CITY
City Manager- City of Seward
P.O. 167: 410 Adams Streets
Seward, Alaska 99664
(907) 224-4020
WHEREAS, Title 16, Subdivision, of the Seward City Code specifies certain improvements that must be
provided by the owner prior to conveying undeveloped lots to any other person; and
WHEREAS, such lots must be provided with streets, telephone and electric lines, water systems, sewer
systems and street lighting, and
WHEREAS, no building permit may be issued for construction of a dwelling unit on an undeveloped lot
until the owner thereof has provided the required improvements for such lots and
NOW THEREFORE, in consideration of mutual provisions and covenants contained herein the parties
agree as follows:
The real property which is the subject of this Agreement (hereinafter the "Property") is located in the City
of Seward and is described as:
Lot according to Plat No 261-E, recorded on May, 1950_in the records of
the Seward Recording District, Third Judicial District, State of Alaska.
The Developer seeks the City`s agreement to enter into a Contract to construct and install the
improvements described in Article IV of this Agreement in accordance with all the terms, covenants and
conditions of this Agreement, described in Articles I through IV.
Harmon Subdivision Agreement Page 1 of 19
The Developer shall construct and install the following improvements in accordance with the standards
described herein:
Streets NIA
Electrical
$10, 200.00
Walkways NIA
Monumentation
5$ ,000.00
Drainage NIA
Street lighting
NIA
Sanitary sewer Improvements to be made at a later date
Water
17$ ,000.0Q
Traffic control devices NIA
Street signs
NIA
Telephone $500.00
Other:
Cable $500.00
The Developer estimates the total cost of the improvements to be: Less than $50,000.0
ARTICLE I
GENERAL PROVISIONS
1.01 APPLICATION OF ARTICLE
Unless this Agreement expressly provides otherwise, all provisions of this article apply to every
part of this Agreement.
1.02 PERMITS LAWS AND TAXES
The Developer shall acquire and maintain in good standing all permits, licenses, platting
approvals and other entitlements necessary to its performance under this Agreement. All actions taken by
the Developer under this Agreement shall comply with all applicable permits, licenses, statutes,
ordinances, rules, and regulations. The Developer shall pay all taxes pertaining to its performance under
this Agreement.
1.03 RELATIONSHIP OF PARTIES
Neither by entering into this Agreement, nor by doing any act hereunder, may the Developer, the
Developer's Engineer, or any contractor or subcontractor of the Developer, be deemed an agent,
employee, or partner of the City, or otherwise associated with the City other than, in the case of
Developer, as an independent contractor. The Developer and its contractors and subcontractors shall not
represent themselves to be agents, employees, or partners of the City, or otherwise associated with the
City other than, in the case of the Developer, as an independent contractor. The Developer shall notify all
its contractors and subcontractors of the provisions of this section.
1.04 DEVELOPER'S RESPONSIBILITY
The Developer shall be solely responsible for the faithful performance of all terms, covenants,
and conditions of this Agreement, notwithstanding the Developer's delegation to another of the actual
performance of any term, covenant, or conditions hereof.
1.05 ALLOCATION OF LIABILITY
The Developer shall defend, indemnify and hold the City harmless from any claim, action, or
demand arising from any act or omission related to this Agreement in whole or in part of the Developer,
Harmon Subdivision Agreement Page 2 of 19
its agents, employees, or contractors. The liability assumed by the Developer pursuant to this section
includes, but is not limited to claims for labor and materials furnished for the construction of the
improvements.
A DISCLAIMER OF WARRANTY
Notwithstanding this Agreement or any action taken by any person hereunder, neither the City
nor any City Officer, agent, or employee warrants or represents the fitness, suitability, or merchantability
of a property, plan, design, material, workmanship, or structure for any purpose.
1.07 NON-DISCRIMINATION
A. In performing its obligations under this Agreement, the Developer shall not discriminate against
any person on the basis of race, creed, color, national origin, sex, marital status, or age.
B. In selling property or improvements in the subdivision, the Developer shall not
discriminate against any person on the basis of race, creed, color, national origin, sex,
marital status, or age.
1.08 COST OF DOCUMENTS
All plans, reports, drawings, or other documents that this Agreement requires the Developer to
provide the City shall be furnished at the Developer's expense.
1.09 PUBLIC UTILITIES
A. Any public utility service contemplated by this Agreement need be provided only to areas
where the service is allowed by the Regulatory Commission of Alaska and applicable
law. All utility service shall conform to the rules, regulations, and tariffs of the
Regulatory Commission of Alaska and the City of Seward to the extent they may apply.
B. If the Regulatory Commission of Alaska disallows any utility service by the City of any
utility following execution of this Agreement, the provisions of the disallowed service
shall be deleted from the requirements under this Agreement without affecting any other
part hereof. The disallowance shall not be grounds for any claim, action, or demand
against the City.
1.10 TIME IS OF THE ESSENCE
Unless otherwise expressly provided herein, time is of the essence of each and every term,
covenant, and condition of this Agreement.
1.11 ASSIGNMENTS
A. Except insofar as subsection B of this section specifically permits assignments, any
assignment by the Developer of its interest in any part of this Agreement or any
delegation of duties under this Agreement shall be void, and any attempt by the
Developer to assign any part of its interest or delegate any duty under this Agreement
shall constitute a default entitling the City to invoke any remedy available to it under
Section 1.13. Permitted assignment shall not release the Developer from any obligation
Harmon Subdivision Agreement Page 3 of 19
or liability under this Agreement.
B_ The Developer may assign its interest or delegate its duties under this Agreement:
To contractors and subcontractors, subject to Section 1.05; or
As expressly permitted in writing by the City.
1.12 DEFAULT - CITY'S REMEDIES
A. The City may declare the Developer to be in default:
1. If the Developer is adjudged a bankrupt, makes a general assignment for
the benefit of creditors, suffers a receiver to be appointed on account of
insolvency, takes advantage of any Law for the benefit of insolvent
debtors; or
2. If the Developer has failed to perform its obligations under this
Agreement, provided the City gives the Developer notice of the failure to
perform and the Developer fails to correct the failure within thirty (30)
days of receiving the notice; or if the failure requires more than thirty
(30) days to cure, the Developer fails within thirty (30) days of receiving
the notice to commence and proceed with diligence to cure the failure.
B. Upon a declaration of default, the City may do any one or more of the following:
1. Terminate the Agreement without liability for any obligation maturing
subsequent to the date of the termination.
2. Perform any act required of the Developer under this Agreement, including
constructing all or any part of the improvements after giving seven (7) days
notice in writing to the Developer, The Developer shall be liable to the City for
any costs thus incurred. The City may deduct any costs incurred from any
payments then or thereafter due the Developer from the City whether under this
Agreement or otherwise.
3. Exercise its rights under any provision of this Agreement, or any bond or
performance or warranty guaranty securing the Developer's obligations
under this Agreement.
4. Pursue any appropriate judicial remedy, including but not limited to an
action for injunction and civil penalties.
1.13 NON -WAIVER
The failure of the City at any time to enforce a provision of this Agreement shall in no way
constitute a waiver of the provision, nor in any way affect the validity of this Agreement or any part
hereof, or the right of the City thereafter to enforce each and every provision hereof.
1.14 INTERPRETATION
A. Each document incorporated by reference herein is an essential part of this Agreement,
Harmon Subdivision Agreement Page 4 of 19
and any requirement, duty, or obligation stated in one document is as binding as if stated
in all. All documents shall be construed to operate in a complementary manner and to
operate in a complementary manner and to provide for a complete project.
B. If the terms of any of the documents and amendments thereto comprising this Agreement
conflict, the conflict shall be resolved by giving the conflicling documents and
amendments thereto the following order of preference:
Documents or sections titled "Special Provisions."
2. Article 11 of this Agreement titled "Construction of Improvements," and
Article III of this Agreement titled "Acceptance of Improvements."
3. Article I of this Agreement titled "General Provisions."
4. Documents incorporated under Article IV of this Agreement.
S. Article IV of this Agreement titled "Improvement Requirements."
6. Any other document incorporated by reference herein.
1.15 EFFECT OF STANDARD SPECIFICATIONS
Platting, subdivision and land use ordinances, and the Kenai Peninsula Borough Road Standards
are incorporated by reference herein as minimum standards for performance under this Agreement, except
where this Agreement specifically provides otherwise,
L16 AMENDMENT
The parties may amend this Agreement only by written agreement, which shall be attached as an
appendix hereto.
1.17 JURISDICTION -CHOICE OF LAW
Any civil action arising from this Agreement shall be brought in the Superior Court for the Third
Judicial District of the State of Alaska at Anchorage. The law of the State of AIaska and the City of
Seward shall govern the rights and duties of the parties under this Agreement.
1.18 SEVERABILITY
Any provision of this Agreement that may be declared invalid or otherwise unenforceable by a
court of competent jurisdiction shall be ineffective to the extent of such invalidity without invalidating the
remaining provisions of the Agreement.
1.20 INTEGRATION
This instrument, and any writings incorporated by reference herein, embody the entire agreement
of the parties. This Agreement shall supersede all previous communications, representations, or
agreements, whether oral or written, between the parties hereto.
Harmon Subdivision Agreement Page S of 19
1.21 DEFINITIONS
Unless this Agreement expressly provides otherwise, the following definitions shall apply herein:
A. "Improvements" means all work which the Developer is required to perform by this
Agreement.
B. "City Improvements" means improvements which are to be dedicated to the City, or
which are to be operated and controlled by a City owned utility.
C. "City," for the purpose of administering this Agreement, means the City Manager for the
City of Seward, or his designee.
D. "Acceptance" by the City means a determination that an improvement meets minimum
standards and does not refer to accepting a dedication of the improvement by the
Developer.
ARTICLE 11
IMPROVEMENT CONSTRUCTION STANDARDS AND PROCEDURES
2.01 RECORDING OF FINAL PLAT
Developer shall be solely responsible for all platting of the property in compliance with
ordinances of the Kenai Peninsula Borough and the City of Seward.
2.02 PREREQUISITES TO CONSTRUCTION
The Developer shall not obtain permits for the construction of improvements or commence the
construction of improvements until the requirements of Sections 2.02 through 2.07 have been met.
2.03 PLANS AND SPECIFICATIONS
A. Attached as Exhibit A are all of Developer's plans and specifications pertaining to the
construction of the improvements submitted for the City's approval.
B. If the City or a governmental entity or agency requires soil tests, or other tests pertaining
to the design of improvements, the Developer shall submit reports of the test results with
the plans and specifications
C. The City shall approve the plans and specifications as submitted, or indicate to the
Developer how it may modify them to secure approval.
2.04 QUALITY CONTROL PROGRAM
A. The Developer shall submit to the City, in such form as the City may specify, a quality
control program for the construction of the improvements.
Marmon Subdivision Agreement Page 6 of 19
B. The quality control program shall provide sufficient inspection and test procedures to
determine compliance with all applicable plans, specifications, and safety requirements.
The program shall include at least the following:
The frequency and type of all tests to be performed.
2. A list of all persons who will perform tests and inspections.
Procedures for coordinating testing and inspections with the City and for
providing advance notice to the City of all inspections and tests which
the City shall witness.
Procedures for reporting quality control activities, including discoveries
of deficiencies in the work.
2.05 WORK SCHEDULE
A. Attached as Exhibit B is a work schedule submitted by the Developer.
B. The work schedule shall include a progress chart of a suitable scale, indicating the
approximate percentage of work scheduled for completion at any given time. For each
improvement, the schedule shall indicate starting and completion dates for the
following:
Clearing, grubbing, and removal of overburden.
2. Excavation, installation, backfill, and compaction for each utility to be
installed by the Developer.
Excavation, backfill, and compaction for street facilities other than
paving.
2.06 MATERIALS
A. The Developer shall submit, in such form as the City may specify, detailed information
concerning all materials and equipment it proposes to incorporate into an improvement.
B. Upon the City's request, the Developer shall submit samples of materials or equipment it
proposes to incorporate into an improvement.
2.07 LIABILITY INSURANCE
The Developer shall provide proof that it has acquired the insurance required by the City of
Seward in the form prescribed or, if the Developer has engaged a prime contractor has acquired such
insurance, naming the Developer as an insured. [Broker to provide details.]
2.08 GENERAL STANDARD OF WORKMANSHIP
A. The Developer shall construct all improvements in accordance with plans, specifications,
and contracts approved by the City, and with the terms, covenants, and conditions of this
Agreement. Unless the City specifically agrees otherwise in writing, all materials,
Harmon Subdivision Agreement Page 7 of 19
supplies, and equipment incorporated into an improvement shall be new.
B. if the course of construction conditions appear in the exercise of reasonable engineering
judgment to require a modification of, or substitution for equipment, plans,
specifications, or contracts to meet a higher standard of performance, the Developer shall
make the modifications or substitution. All such substitution shall be approved by the
City.
C. The Developer shall construct all facilities in the subdivision not otherwise subject to this
Agreement in accordance with applicable statutes, ordinances, and specifications.
2.09 PLACEMENT OF UTILITIES
The Developer shall place all utilities underground, except where this requirement is specifically
waived under Article IV of this Agreement.
2.10 WORK IN RIGHT-OF-WAY
The Developer shall comply with all ordinances and secure all necessary permits and
authorizations pertaining to work in public rights -of -way. The Developer shall coordinate and supervise
the installation and construction of all utility improvements, including those not otherwise covered by this
Agreement, in a manner that will prevent delays in City construction or other damage to the City and that
will permit the City to properly schedule work that it will perform.
2.11 SURVEYOR
All surveys required for the completion of improvements under this Agreement shall be made by
a person registered as a professional land surveyor under the Laws of the State of Alaska.
2.12 REQUIRED REPORTING
A. Quality Control- The Developer shall submit to the City regularly and promptly written
reports describing the results of all tests and inspections required by the quality control
program and all other tests and inspections which the Developer may make.
B. Construction Progress- If actual progress indicates that the developer will not perform
the work as scheduled, the Developer shall prepare and submit a revised schedule for the
City's approval.
C. Surveys- The Developer shall furnish promptly to the City copies of all surveys required
for the completion of the improvements.
D. Express or implied approval by the City of any report or inspection shall not authorize
any deviation from approved plans and specifications or from the terms of this
Agreement.
2.13 PROGRESS PAYMENTS
The Developer shall pay its contractors all contract progress payments when due.
Harmon Subdivision Agreement Page 8 of 19
2.14 SURVEILLANCE
A. The City may monitor the progress of the work and the Developer's compliance with this
Agreement and performs any inspection or test which it deems necessary to determine
whether the work conforms to this Agreement.
B. if the Developer fails to notify the City of inspections, tests, and construction progress as
required by Section 2.17, the City may require, at the Developer's expense, retesting,
exposure of previous stages of construction, or any other steps which the City deems
necessary to determine whether the work conforms to this Agreement.
C. Any monitoring, tests, or inspections that the City orders or performs pursuant to this
section are solely for the benefit of the City. The City does not undertake to test or
inspect the work for the benefit of the Developer or any other person.
2.15 STOP WORK ORDERS
A. If the City determines there is a substantial likelihood that the Developer will fail to
comply, or if the Developer does fail to comply with this Agreement, the City may stop
all further construction of improvements by posting a stop work order at the site of the
nonconforming construction and notifying the Developer.
B. A stop work order shall remain in effect until the City approves:
Arrangements made by the Developer to remedy the nonconformity; and
2. Assurances by the Developer that future nonconformities will not occur.
C. The issuance of a stop work order under this section is solely for the benefit of the City.
The City does not undertake to supervise the work for the benefit of the Developer or any
other person. No suspension of work under this section shall be grounds for any action or
claim against the City or for an extension of time to perform the work.
D. The Developer shall include in all contracts for work to be performed, or materials to be
used under this Agreement, the following provision:
The City of Seward, pursuant to a Subdivision Agreement on file with the City Clerk and
incorporated by reference herein, has the authority to inspect all work or materials under this contract and
to stop work in the event that the work performed under this Agreement fails to comply with any
provision of the Subdivision Agreement. In the event that a stop work order is issued by the City, the
contractor shall immediately cease all work and await further instructions from the Developer.
2.16 ACCESS
The City shall have access to all parts of the subdivision necessary or convenient for monitoring
the Developer's performance, inspecting, surveying, testing, or performing any other work.
2.17 MAINTENANCE
A. Until the City accepts the improvements, the Developer shall maintain all existing roads
Harmon Subdivision Agreement Page 9 of 19
within the subdivision that are necessary for access. For the purposes of this subsection,
existing roads are roads that physically exist, as distinguished from mere rights -of -ways
dedicated for road purposes.
B. The Developer shall repair or pay the cost of repairing damage to any improvement that
occurs prior to the City's acceptance of the improvements, except for damage caused
solely by the City, its agents, employees, or contractors. The Developer shall give
reasonable notice to the City before undertaking the repair of the damaged improvement.
2.18 OPERATION OF IMPROVEMENTS PRIOR TO ACCEPTANCE
A. Before the City accepts the improvements, the City may enter upon, inspect, control, and
operate any improvement if the City determines that such action is necessary to protect
the public's health, safety, and welfare.
B. The action described in subsection A of this section shall not constitute the acceptance of
any improvement by the City, not shall the action affect in any way the Developer's
warranty under this Agreement.
2.19 TIME
A. All improvements required by this Agreement shall be completed in accordance with the
schedule contained in Section 2.OS and Exhibit B of this Agreement.
B. The Developer shall begin actual construction of improvements required under this
Agreement in accordance with the Developer's work schedule as approved by the City
and complete within 3 years.
C. If the Developer is delayed by an act or omission of the City is not otherwise authorized
under this Agreement, or by changes ordered in the work labor disputes, fire, delays in
transportation, casualties, or other causes beyond the Developer's control, or by any cause
which the City in its discretion determines to be adequate to justify the delay, the time of
completion of construction under this Agreement may be extended for a reasonable time,
which shall be determined by the City. No extension shall be granted unless the
Developer gives notice in writing to the City within ten (10) days after the occurrence of
the cause for delay. In the case of a continuing delay, only one notice is required_
ARTICLE III
ACCEPTANCE OF IMPROVEMENTS
3.01 PREREQUISITES TO ACCEPTANCE
The City shall not accept the improvements until all the requirements of Sections 3.02 through
3.05 have been met.
3.02 MONUMENTS AND AS -BUILT DRAWINGS
A. Upon completing the improvements, the Developer shall replace lost lot corners and
monuments and shall monument the center lines of all required paved streets with
Harmon Subdivision Agreement: Page 10 of 19
monuments of at least one -foot rebar and alcap at points of curvature, ends of curvature,
intersections, and centers of cu-de-sacs in accordance with this Agreement and the terms
of the City of Seward and Kenai Peninsula Borough code of ordinances and any
standards established thereunder, which are incorporated herein by reference.
B. No later than sixty (60) days after the final inspection and certification under Section 3.05
F, the Developer shall provide the City with one acceptable set of reproducible as -built
drawings for each improvement that represent accurately the improvements as actually
constructed.
3.03 CERTIFICATE OF COMPLIANCE
The Developer shall furnish the City with a certificate of compliance for the work performed
under this Agreement.
3.04 CONVEYANCE OF EASEMENTS AND RIGHTS -OF -WAY TO CITY
The Developer shall convey to the City any easement, right-of-way, or other property interest
necessary to allow access to the City improvements to operate, maintain, or repair the City improvements.
The Developer may condition the conveyance upon the City's acceptance of the improvements.
3.05 INSPECTION
A. Upon receiving notice that the Developer has completed the improvements, the City shall
schedule inspections of the improvements. The City may inspect all improvements and
any other work in dedicated easements or rights -of -way.
13. A privately owned utility may inspect any phase of work on an improvement of which it
is to assume control.
C. The City or appropriate privately owned utility shall inform the Developer in writing of
any deficiencies in the work found in the course of its inspection.
D. The Developer shall, at its own expense, correct all deficiencies found by inspections
under subsection A or B of this section. Upon receiving notice that the deficiencies have
been corrected, the City or appropriate privately owned utility shall reinspect the
improvements.
E. The City or appropriate privately owned utility may continue to reinspect an
improvement until the Developer has corrected all deficiencies in the improvement.
F. After final inspection has revealed that all improvements and other work in dedicated
easements and rights -of -way meet City standards, and each privately owned utility which
is to assume control of an improvement certifies that improvement or improvements are
acceptable to it, and the Developer has furnished the as -built drawings required by
Section 3.02 A, the City shall notify the Developer that all improvements have been
accepted.
3.06 CONSEQUENCES OF ACCEPTANCE OF IMPROVEMENTS
Harmon Subdivision Agreement Page 11 of 19
A. The City's final acceptance of the City improvements constitutes a grant to the City of all
the Developer's right, title, and interest in and to the City improvements.
B. By accepting the City improvements under this Agreement, the City does not undertake
to maintain any such improvement, unless obligated to do so by applicable statute,
ordinance, regulation, or tariff.
3.07 DEVELOPER'S WARRANTY
A. The Developer shall warrant the design, construction materials, and workmanship of the
improvements against any failure or defect in design, construction, material, or
workmanship which is discovered no more than one year from the date the City notifies
the Developer of the acceptance of the improvements. This warranty shall cover all
direct and indirect costs of repair or replacement, and damage to the property,
improvements, or facilities of the City or any other person, caused by such failure or
defect or in the course of repairs thereof, and any increase in cost to the City of operating
and maintaining. a City improvement resulting from such failures, defects, or damages.
B. The Developer's warranty shall not extend to any failure or defect caused solely by
changes in design, construction, or materials required by the City.
C. Except as provided in subsection 13 of this section, the fact that the City takes any action,
or omits to take any action authorized in this Agreement, including but not limited to
operation or routine maintenance of the improvements prior to acceptance, or
surveillance, inspections, review or approval of plans, tests, or reports, shall in no way
limit the scope of the Developer's warranty.
3.08 CITY'S REMEDIES UNDER WARRANTY
A. The City shall notify the Developer in writing upon its discovery of any failure or defect
covered by the warranty in Section 3.07. The City shall notify the Developer before
conducting any test or inspections to determine the cause of the failure or defect, and
shall notify the Developer of the results of all such tests and inspections.
B. The Developer shall correct any failure or defect covered by the warranty within thirty
(30) days of receiving notice of the failure or defect from the City. The Developer shall
correct the failure or defect at its own expense and to the satisfaction of the City.
C. If the Developer fails to correct the failure or defects within the time allowed by
subsection B of this section, the City may correct the failure or defect at the Developer's
expense. If the Developer fails to pay the City for the corrective work within thirty (30)
days of receiving the City's bill therefor, the City many pursue any remedy provided by
law or this Agreement to recover the cost of the corrective work.
3.09 COMPLETION OF PERFORMANCE: RELEASE OF WARRANTY
A. The City shall inspect the improvements at or before the end of the warranty period. The
Developer shall correct any failure or defect in the work revealed by the inspection as
required by Section 3.09.
Harmon Subdivision Agreement Page 12 of 19
B. On the Developer's satisfactory performance of all its obligations under this Agreement,
the City shall execute a written statement acknowledging such performance and release
of warranty obligations.
ARTICLE IV
IMPROVEMENT REQUIREMENTS
4.01 IMPROVEMENTS REQUIRED
A. It is the intent of the City and Developer to provide for the orderly development of the
property and to protect the investment of subsequent owners of the lots.
B. Developer will pay 100% of all cost incurred for Administration, recording, inspection,
surveillance and testing required or necessary to complete the City improvements.
4.02 STREET, ALLEYWAY, MONUMENTATION, WATERWAY,'rRAFFIC CONTROL,
STREET LIGHTTNG, STREET NAME SIGNING AND DRAINAGE IMPROVEMENTS
A. All improvements to the property shall be provided and constructed in accordance with
the approved plat and the Kenai Peninsula Borough subdivision and other standards.
B. The City shall reimburse the Developer for its share, if any, for construction of
improvements only after receipt from the Developer of invoices for such work and further
in accordance with the provisions of Article III of this Agreement.
C. The streets for which the Developer is not entitled to any reimbursement are estimated to
cost $0.00 and include an additional 5' to the existing right of way on 3 of the 4 edges of
the current lot.
D. The Developer is not entitled to reimbursement for the cost of any walkways. The
estimated cost of walkways is $0.00. Walkways include: NIA
E. If an erosion and/or sediment control plan is required the Developer will not be entitled to
any reimbursement for such facilities.
F. Drainage and waterway improvements shall be provided as necessary to the
improvements within the subdivision, as well as to accommodate lateral and upstream
contribution, as well as subsurface flows which are exposed during construction. There
will be no reimbursement to the Developer for the cost of drainage and waterway
improvements. The estimated cost of drainage and waterway improvements is $0.00.
H. Traffic control devices, excluding electronically timed signals, shall be installed as
directed and/or approved by the City Engineer. The cost of these improvements is not
reimbursable and is estimated to be $b.00. Traffic control devices include: NIA.
I. Street lighting will be installed according to standards of the Seward Electric utility and
as approved by the City Engineer. The cost of street lighting is not reimbursable and is
estimated to be $0.00.
Harmon Subdivision Agreement Page 13 of 19
J. Monumentation shall be provided as shown on the approved Plat Harmon Subdivision.
The cost is not reimbursable and is estimated to be S$ ,000.00.
K. Street name signs shall be provided at each intersection and equal the standards
established in the City of Seward. The cost of these improvements is not reimbursable
and is estimated to be $0.00.
4.03 SANITARY SEWER IMPROVEMENTS
A. As per City Code 14.20.025(1) with the current sewer system access being located more
than 200 feet from the property, individual on -site sanitary septic units for each
subdivided lot shall be installed by the owner prior to issuing a building permit. Future
on -site septic improvements shall be designed and provided according to City of Seward
Standards, Specifications and in compliance with applicable codes. There will be no
reimbursement for any sewer system improvements, except as noted below.
B. The non -reimbursable cost of sanitary sewer improvement is estimated to be $0.00.
4.04 WATER SYSTEM REQUIREMENTS
A. A water system shall be provided. Such system shall be designed according to City of
Seward Standards and Specifications, in compliance with applicable codes and as
approved by the City Engineer and Alaska Department of Environmental Conservation.
Water service will be provided to all lots in the subdivision. hydrant spacing and
minimum flow shall be according to the Seward Eire Cale in effect on the date of
construction. The cost of improvements necessary to serve the subdivision shall be borne
by the Developer and the Developer is not entitled to any reimbursement, except as noted
below.
B. The cost of improvements required to serve the subdivision for which the subdivider is
not entitled reimbursement is estimated to be $17,000.00.
4. 55 ELECTRICAL FACILITIES
A. Electrical improvements shall be provided in accordance with an agreement with the
City, incorporated by reference herein. The total cost of the electrical system serving the
subdivision is estimated to he 10,200.00.
B. in accordance with SCC § If.05.015(A(3), the Developer may elect to fonn a special
assessment district for electrical facilities prior to any sales, obligating all property
owners in the subdivision to assume the costs of required electrical facilities not
previously installed.
C. The City and Developer agree to record a Subdivision Agreement Memorandum in the
Seward Recording District within 10 days of the effective date of this Agreement with a
notice that the Agreement is available for public inspection at the offices of the City
Clerk. The Owner and Developer agree to include the following Notice in all agreements
for sale of lots:
Harmon Subdivision Agreement Page 14 of 19
The issuance of a Certificate of Occupancy by the City of Seward for any of the following lots is subject
to the completion of public improvements to such lots in accordance with the Subdivision Agreement
including any amendments, the City Code, regulations, and other applicable law.
Lots Al, A2, A3 and A4, Harmon Subdivision according to Plat No. XXX, recorded in the records of
the Seward Recording District, Third Judicial District, State of Alaska.
4.06 TELEPHONE FACILITIES
A. Telephone improvements shall be provided in accordance with an agreement with
Telalaska and GCI, incorporated by reference herein. The total cost of the
telephone system serving the subdivision is a non -reimbursable cost estimated to be
$500.00.
4.07 CABLE TV FACILITIES
A. Cable TV improvements shall be provided in agreement with a CTV Company, if such
company is operational and has been issued a Certificate of Public Convenience and
Necessity by the RCA. The cost of providing CTV is non -reimbursable.
1N WITNESS WHEREOF, the parties hereto have set their hands on the date first set forth above.
ATTEST:
HARMON PROPERTIES, LLC.
B
awrence Harmon, esident
'lair/&i/, A,_
Harmon Subdivision Agreement Page 15 of 19
EXHIBIT Al
Plans & Specifications
TAKING SHEET WORK ORDER NO.
JOB ORDER `70. 3�125
SR861 ND. � D8 L
DRAWING
LOCATION 211D 1lnaln Street INGL48ER
TWP}N_,_...RA.*1GJ5 ill__— SECf10V 0; MIGYRD_.y
3W, R6PElt0cCE FORESTIC_dwa STAEED
CONSTRUCTION TVJ'6 UNDERGROUND RELEASED TO COMM.
M
ADD: 205' DITCH TAPE
210' 2" PVC COND
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SYSTEM IMPROVEMENT
1
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SYSTEM I]iPAOVSMENT ADD: 175' DITCH TAPE
(2) 0 2- GOP-24"N,
ADD: 540' DITCH TAPS le0' 2" PVC CONDUIT
PYC.BEP9
540, 4" PYC CON01rIT (2) 0 2" DO'--24"R, PVC. SWERPS
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(1) • 2- STL-PVC
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ADAPTER
245. 4/0 USE 71a
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(3) - PED CONNECTORS, a 110LE (1) H ume-6
(2) H UN0-11 15 kV Duel Cap
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Harmon Subdivision Agreement Page 16 of 19
EXHIBITA2
Plans & Specifications
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Harmon Subdivision Agreement Page 17 of 19
EXHIBIT B
Work and Quality Control Schedule
ID Task !+lame 4uration
1 CONTRACT METCO TO CLEAR THE / days
ENTIRE CURRENT LOT
2 CONTRACT AND SCHEDULE A 14 days
CERTIFIED SURVEYER TO
ESTABLISH NEW LOT LINES
START JOB ORDERS WITH THE CITY14 days
F SEWARD TO INSTALL THE NEW
ELECTRICAL CONNECTIONS, AS
WELL AS, JOB ORDERS WITH BOTH
ELALASKA AND GCI FOR THE
INSTALL OF THE TELEPHONE AND
CABLE CONNECTIONS
CONTRACT METCO FOR THE 1 ddy
MATERIAL PURCHASE OF THE
APPROVED MATERIAL LIST
PROVIDED IN EXHIBIT C
s APPLY FOR A DIG PERMIT FOR THE 3 days
WATER LINE ONLY PORTION OF
HE IMPROVEMENTS
6 NOTIFY PUBLIC WORKS OF THE 1 day
DATES OF INSTALL FOR THE
WATER LINES AND APPROVAL OF
THE SCHEDULE FOR INSPECTIONS
ONTRACT METCO TO PERFORM 3 days
THE EXCAVATION, INSTALLATION
AND BACKFILL FOR THE WATER
LINES
8 REQUEST APPROVAL BY THE CITY 12 days
OF SEWARD OF THE REQUIRED
IMPROVEMENTS
a REQUEST APPROVAL BY THE CITY 12 days
F SEWARD FOR THE ONE YEAR
WARRANTY TO BEGIN
Page 1
T IWI_T
Harmon Subdivision Agreement Page 1H of 19
EXHIBIT C
Materials List
MATERIALS LIST FOR FRESH WATER CONNECTION FROM CEDAR STREET
{Each Item listed Will be used per cannectloni
• 1" ON 8" AC FULL CIRCLE ROMAC STAINLESS STEEL HOT TAP SLEEVE
4 1" MUEILER CORP. STOP
+ 1" SOFT COPPER WATERLINE
1" MUELLER STOP & WASTE
• 10' BURY KEY BOX
• THAW WIRE
Harmon Subdivision Agreement Page 19 of 19
City of Seward, Alaska Seward Planning & Zoning Commission Minutes
December 5, 2017 Volume 7, Page 259
Motion (Charbonneau 1 Anderson)
Motion Passed
Amend the Agenda to add an item C
under New Business to schedule a
December 19, 2018 Work Session to
discuss Camping Code
Unanimous
The following item was approved on the Consent Agenda:
Approval of November 7, 2017 Regular Meeting Minutes
Motion Passed
Public Hearings
Unanimous
A. Unfinished Business Items requiring a Public Hearing - None
B. New Business Items requiring a Public Hearing
2017-15 Resolution Recommending City Council and Kenai Peninsula Borough Approval Of The
Forest Acres Subdivision, Lot A, Harmon Replat; Creating Four (4) New Lots To Be Known As Lots
A1, A2, A3 And A4; Located Within The Rural Residential District
Wilde outlined project application process and stated that Integrity Surveying has corrected plat to
add exiting 5' foot Right of Way (ROW) and utility easements on surrounding streets. The applicant
has worked with soil engineers to perform soil tests and site locations for the on -site septic systems.
The applicant provided soils report to Community Development office. At the time of printing the
Community Development office received no public comments. The office received an inquiry on
December 5, 2017 from Sandie Roach', asking about the on -site septic system in regards to this
property. Wilde responded to the inquiry by email that outlined sections of code requirements that
permit on -site septic systems.
Notice of public hearing being posted and published as required by law was noted
and the public hearing was opened.
Sandie Roach', inside city, asked why applicant is being allowed onsite septic. Roach'
asked if there any other lots in Forest Acres that has on -site septic?
Wilde replied that she did not know if other lots in Forest Acres had on -site septic but
would follow up.
Fleming asked administration if there are other sites in Forest Acres with onsite septic, or will thin
require further research. Wilde said it will require research.
Ecklund asked Wilde to confirm that Code allows for development of on -site septic systems when a
City utility sewer line is located over 200 feet from the closest corner of the lot, and Wilde affirmed.
Wilde stated that the applicant would also have to follow all State and Federal regulations, and had
City of Seward, Alaska Seward Planning & Zoning Commission Minutes
December 5, 2017 Volume 7, Page 260
done so thus far by turning in a soils report.
Ecklund asked if a soils report was done on each of the four lots and Wilde replied that samples
were taken on two of the four lots.
Fleming asked if there was a separate septic system for each lot, and Wilde affirmed that there were
separate systems for each lot.
Ecklund asked if water and electric were in, and Wilde affirmed that this work was done prior to
paving. Wilde stated that she spoke with the Public Works director earlier in the day to double check
that these determinations were correct.
Ecklund asked if the surrounding properties were hooked up to City water, and Wilde affirmed that
to her knowledge all surrounding properties were hooked up to City water.
Anderson commented that some builders in Forest Acres had to install a pump in order to hook up
to City sewer utilities.
Ambrosiani asked what type of septic system is going in.
Ecklund invited applicant to talk about septic system.
Larry Harmon, inside city, described the proposed septic systems as typical, being of the septic
tank and leech field type. Fleming asked how big these lots are. Seese stated these lots are about
half acre. Ecklund added that these lots will be 8 times the size of a 30 x 100 Original Townsite
Lot.
Ecklund asked Harmon if he personally knew of any lots in Forest Acres that had on -site septic
systems. Harmon replied that he did not.
Ecklund stated that the Commission would like to address the question from the public relating
to other Forest Acres lots with onsite septic. Ecklund asked the applicant if he was in a rush to
build, and requested applicant input on the Commission postponing this until administration has
completed researching on -site septic systems in the Forest Acres subdivision. Harmon replied
that he would prefer not to wait, as this has been a lengthy process, but that it would not cause
financial harm to postpone for one month.
Wilde notified everyone that she has contacted the Public Works Director asking him to research
on -site septic systems in Forest Acres, and is awaiting a response.
Commission discussed amending the agenda to move their vote to item 3. Fleming made a
motion to amend agenda, seconded by Charbonneau, postponing the vote until later in the
meeting to give City staff time to respond
Hearing no one else wishing to speak, the public hearing was closed.
Motion (Fleming / Charbonneau) Motion to amend the agenda to move the
final vote on Resolution 2017-15 to item 3
under New Business Items requiring a
Public Hearing
Passed Yes: Fleming, Ambrosiani, Charbonneau,
Ecklund
No: Anderson, Seese
City of Seward, Alaska ,Seward Planning & Zoning Commission Minutes
December S, 2017 Volume 7, Page 26.3
Industrial Center, 3301 Jellison Avenue,
Within The Industrial Zoning District
Fleming asked for clarification on the location of doors. Fleming discussed concerns over whether or
not the applicant will adhere to storage requirements.
Wilde discussed the means by which the City can enforce these requirements, through annual life -
safety inspections and building permit inspections.
Anderson stated that Vigor operates a 100 foot high structure at SMIC, and that additional protected
area is needed if the City is to encourage development of SMIC.
Charbonneau recommended requiring sprinkler systems in future buildings of this type, and stated
that we need more of these types of buildings at SMIC.
Arnbrosiani seconded the sprinkler requirement, Ecklund stated that since sprinklers are currently
not required by Code, the Commission can't require them as a condition, but that the Commission
may recommend a change to the code requiring sprinklers.
Ecklund asked what would happen if the Fire Department ladder truck moves to the west side of
Resurrection Bay. Wilde stated that she cannot comment on potential changes to Fire Department
operations.
Motion Passed Unanimous
2017-15 Resolution Recommending City Council and Kenai Peninsula Borough Approval Of The
Forest Acres Subdivision, Lot A, Harmon Replat; Creating Four (4) New Lots To Be Known As Lots
A1, A2, A3 And A4; Located Within The Rural Residential District
Motion (Anderson 1 Fleming) Resolution 2017-15 of the Planning and
Zoning Commission, of the City of Seward,
Alaska Recommending City Council and
Kenai Peninsula Borough Approval Of The
Forest Acres Subdivision, Lot A, Harmon
Replat; Creating Four (4) New Lots To Be
Known As Lots Al, A2, A3 And A4;
Located Within The Rural Residential
District
Wilde stated that the Public Works Director had responded to her questions with the following
"the last few houses on Dimond by Dieckgraeff Road, a new home on the corner of Dimond and
Hemlock, 500 Hemlock doesn't show that there is a sewer line so he assumes they also have septic,
and 2604 Maple, he also stated that 104 Benson is also on septic" have on -site septic systems
installed.
Commission thanked administration and Public Works for the quick response
Motion Passed Unanimous
UNFINISHED BUSINESS — None
Sponsored by: Applicant
CITY OF SEWARD, ALASKA
PLANNING AND ZONING COMMISSION
RESOLUTION 2017-15
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF
THE CITY OF SEWARD, ALASKA, RECOMMENDING CITY COUNCIL
AND KENAI PENINSULA BOROUGH APPROVAL OF THE FOREST
ACRES SUBDIVISION, LOT A, HARMON REPLAT; CREATING FOUR (4)
NEW LOTS TO BE KNOWN AS LOTS Al, A2, A3 AND A4; LOCATED
WITHIN THE RURAL RESIDENTIAL DISTRICT
WHEREAS, Integrity Surveys, Inc. submitted a preliminary plat to the City of Seward for
review and recommendation to the Kenai Peninsula Borough; and
WHEREAS, the property is zoned Rural Residential (RR) which is intended to provide for
stable, quiet, low density (one or two dwelling units per acre) detached single-family residential
development, free from other uses except those which are both compatible and convenient to
residents of such a district including recreational, religious and educational facilities of an
appropriate scale and design complementary to the neighborhood character; and
WHEREAS, this platting action subdivides the existing 2.438 acres of Lot A, Forest Acres
Subdivision into four (4) parcels to be known as lots Al, A2, A3 and A4, containing approximately
24,960 square feet; and
WHEREAS, the new lots meet the minimum lot size and width requirements of the Seward
Zoning Code; and
WHEREAS, the developer has entered into a subdivision agreement with the City of
Seward, as per Seward City Code 16.05.015; and
WHEREAS, this subdivision will provide adequate easements for utilities; and
WHEREAS, as required by Seward City Code Section 16.01.015 Conditions to plat
approval, property owners within 300 feet of Lot A, Forest Acres Subdivision, were notified of the
proposed subdivision, and the property was posted with public notice signs; and
WHEREAS, this subdivision will provide more land for development within the City of
Seward; and
P&Z Agenda Statement
Meeting Date: December 5, 2017
To: Planning and Zoning Commission
Through: Ron Long, Assistant City Manager
From:
Jackie C. Wilde, Planner
Agenda Item: 2017-15 Resolution Of Tile Planning And Zoning Commission Of
The City Of Seward, Alaska, Recommending City Council And
Kenai Peninsula Borough Approval Of The Forest Acres
Subdivision, Lot A, Harmon Replat; Creating Four (4) New Lots
To Be Known As Lots Al, A2, A3 And A4; Located Within The
Rural Residential District
BACKGROUND JUSTIFICATION
Attached for the Commission's review and recommendation to City Council and the Kenai
Peninsula Borough Planning Commission is a preliminary plat submitted by Integrity Surveys,
Inc. on behalf of property owner Larry Harmon.
This platting action is a replat of Lot A, Forest Acres Subdivision, creating Four (4) parcels to be
known as Lot Al, A2, A3 and A4, Forest Acres Subdivision, Harmon Replat, containing
approximately 24,960 square feet each. The replat is located northeast of the Maple Street and
Hemlock Street intersection, within the Rural Residential Zoning District.
This platting action will dedicate an existing 5' Right -of -Way (ROW) and 10' utility easement
along Maple Street, Cedar Street and Hernlock Street.
SUBDIVISION REVIEW:
The City has entered into a subdivision agreement with owner Larry Harmon.
Zoning:
This replat is located within the Rural Residential Zoning District (RR), which allows primarily
single-family homes. All properties surrounding this replat are also within (RR) Zoning District.
Utilities:
The owner intends to establish four 4 parcels with a useable area to build single family homes
with an on -site septic system. The applicant has worked with a soils engineer to preform site
locations and soils test for the on -site systems. The engineer has provided a soils report and will
be required to sign the replat. City sewer is more than 200 feet from the property corner. The
applicant has worked with the City, met all the code requirements and agreed to the conditions of
an onsite utility permit.
Water and electric service has been completed for the subdivision.
Existing Uses:
The parcels within this replat are currently undeveloped. The surrounding parcels South of
Hemlock and East of Vista Street are also undeveloped. The parcels to the North and West
contain single family homes.
Flood 'Lone.
The area is not located within a Special Flood Hazard Area.
CONSISTENCY CHECKLIST:
Yes
No
NIA
Comprehensive Plan (2030, approved by Council May 30, 2017)
1.
1) Housing
X
3.3.1 Encourage development of new housing in Seward. (page 14)
Strategic Plan (Approved by Council Resolution 99-043):
2
Growth Management and Land Use
X
Promote Residential and Commercial Development inside the
City. (page 9)
City Code:
16.01.015. - Conditions to plat approval
3
(A.) No preliminary or final plat for the subdivision or resubdivision of
X
land located within the city limits shall be approved by the city unless
all of the required improvements set forth in § 16,05,010 are provided
for by the subdivider ......
Public Comment:
Property owners within three hundred (300) feet of the proposed platting action were notified of
this 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. No comments in objection
to the replat have been received. If any additional correspondence is received after publication
of this agenda statement, it will be presented as a lay down item at the Commission meeting.
Staff Comment:
Staff has reviewed and supports the replat and the rights -of -way and utility dedications.
RECOMMENDATION:
Approve Planning and Zoning Resolution 2017-15 recommending City Council and Kenai
Peninsula Borough approval of the Harmon Replat.
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