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HomeMy WebLinkAboutRES2023-115 Linquist Assessment District PH1 1 Sponsored by: Sorensen Public Hearing: October 23, 2023 CITY OF SEWARD, ALASKA RESOLUTION 2023-115 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, DETERMINING IT IS IN PUBLICS INTEREST, AND NECESSARY, TO PROCEED WITH THE FORMATION OF AN ASSESSMENT DISTRICT FOR LOTS 15-18, BLOCK 8 OF THE GATEWAY SUBDIVISION 2022 LINDQUIST ADDITTION. WHEREAS, Thomas Linguist's is subdividing his parcel at 2109 Unimak Circle; and WHEREAS, On October 11, 2022, the Seward Planning and Zoning Commission approved his preliminary replat; and WHEREAS, Seward City Code requires that a subdivider is required to sign a Subdivision Agreement with the City and set up an Assessment District if they are not going to provide the utility improvements before the sale of the subdivided properties; and WHEREAS, Mr. Lindquist has signed his subdivision agreement with the City; and WHEREAS, this is the next step that is ;required and will guarantee that the future property owners will be aware of the needed improvements and have predetermined pathway to have them installed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. The special improvement district, referred hereto as the Lindquist Assessment District, will include the following area: Lots 15, 16, 17, and 18, Block 8, of the Gateway Subdivision, 2022 Lindquist Addition. Section 2. After full review by the City Council of all the facts and opinions presented, it is hereby determined that the proposed Assessment District is in the public's interest, and necessary, and will benefit the properties to be assessed when a sufficient demand is made of the city. Section 3. This resolution shall take effect immediately upon adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 23rd day of October 2023. CITY OF SEWARD, ALASKA RESOLUTION 2023-115 THE CITY OF SEWARD, ALASKA re Sue McClure, Mayor AYES: Crites, Calhoon, Finch, Barnwell, Osenga, McClure NOES: None ABSENT: Wells ABSTAIN: None ATTEST: Kris Peck City Clerk (City Seal) 1 1 City Council Agenda Statement Meeting Date: October 23, 2023 To: City Council Through: Kat Sorensen, City Manager From: Jason Bickling, Community Development Director Subject: Resolution 2023-115: Determining it is in the Public's Interest, and Necessary, to Proceed with the Formation of an Assessment District for Lots 15-18, Block 8 of the Gateway Subdivision 2022 Lindquist Addition. Background and justification: The Seward City Code States (paying special attention to 16.01.015 A, 16.05.015 A., A.3., and B) 16.01.015. Conditions to plat approval. A. No preliminary or final plat for the subdivision or resubdivision of land located within the city limits shall be approved by the city unless all of the required improvements set forth in section 16.05.010 are provided for by the subdivider, owner, proprietor or developer in the manner described in section 16.05.015. 16.05.015. Compliance procedure. A. The subdivider, owner, proprietor or developer is deemed to have satisfied the requirements of this title when he has entered into the subdivision agreement with the city. The subdivision agreement shall be written to cover one or a combination of the following alternatives available to the subdivider: 1. The subdivider may elect to complete all required public improvements prior to approval and recording of the final plat or prior to sale or issuance of a building permit, as the case may be. If this is done, the subdivision agreement, delineating the construction and inspection requirements for each improvement, shall be entered into prior to commencement of construction. 2. The subdivider may elect to complete required improvements after approval and recording of the final plat, the conveyance or the issuance of the building permit. In this event, the subdivision agreement shall delineate: a. The construction and inspection requirements of the appropriate governmental agency or city department concerning the required improvements; b. The time schedule for completion of required improvements; c. A method of insuring that such improvements shall be completed to the specifications required and in the time schedule agreed upon. 3. The subdivider may elect to form a special assessment district prior to any sales, obligating all property owners in the subdivision to assume the costs of all required public improvements not previously installed. B. The improvements required under the terms of the subdivision agreement shall be fully completed within three years of the date of execution of the agreement, except if a special assessment district has been formed, in which case improvements will be installed when a sufficient demand is made of the city. Tom Lindquist is subdividing his parcel at 2109 Unimak Circle. It is currently one large parcel, and it is being subdivided into 5 smaller parcels for residential development. His preliminary replat was approved by the Planning and Zoning Commission on October 11, 2022 (Resolution 2022-019). He has signed his Subdivision Agreement, which states a requirement that an assessment district be formed before the lots are allowed to be sold which will enable improvements to be installed when sufficient demand is made from the City by the future owners. This assessment district only applies to lots 15-18 as lot 14 has full utility access. The remaining parcels already have electric installed and partial water. When sufficient demand is made, sewer and partial water will be required before structures would be permitted. The owners of the properties would be responsible for the total cost of the remaining utility installation. The estimated cost of the improvement at this time would be about $160,000 total or $40,000 per lot. Comprehensive and Strategic Plan Consistency Information This legislation is consistent with (citation listed): Comprehensive Plan: 3.2.1, 3.3.1 Strategic Plan: Other: Total amount of funds listed in this legislation: This legislation (✓): Creates revenue in the amount of: Creates expenditure in amount of: Creates a savings in the amount of: Has no fiscal impact X Funds are (✓): Budgeted Line item(s): Not budgeted Not applicable X $ 0 Fund Balance Information Affected Fund (✓): General Boat Harbor Motor Pool Available Fund Balance SMIC Parking Other Electric Water Wastewater Healthcare Note: amounts are unaudited Finance Director Signature: Attorney Review X Yes Attorney Signature: Kody George Not applicable Comments: Administration Recommendation X Adopt AM Other: Preliminary Replat of Gateway Subdivision, Amended Tract B; Creating Gateway Subdivision 2022 Lindquist Addition, Lots 14-18, Block 8 Due to different data sources property lines and aerial imagery do not overlay correctly. 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