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HomeMy WebLinkAboutRes2024-019 Plat of 1823 Nash Road1 1 1 Sponsored by: Applicant Public Hearing: September 3, 2024 CITY OF SEWARD, ALASKA PLANNING AND ZONING COMMISSION RESOLUTION 2024-019 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF SEWARD, ALASKA, RECOMMENDING KENAI PENINSULA BOROUGH APPROVAL OF THE PRELIMINARY PLAT OF THE POINT SUBDIVISION, TRACT A; LOCATED AT 1823 NASH ROAD; CREATING THE POINT SUBDIVISION NO. 2, TRACT Al AND LOTS 1 & 2 WHEREAS, OLV LLC has submitted a preliminary plat for review and recommendation to the Kenai Peninsula Borough; and WHEREAS, the parcel being subdivided is located at 1823 Nash Road; and WHEREAS, the current parcel is one tract of land, Tract A, 14.81 acres of which is located within city limits, and 6.19 acres is located outside of city limits; and WHEREAS, the proposed plat will subdivide the tract into three parcels, Tract Al which will be located entirely within city limits, and Lot 1 & 2 which will be located outside of city limits; and WHEREAS, the Seward Planning and Zoning Commission's review will focus on the parcel that is located within city limits, Tract Al; and WHEREAS, Tract Al is not being subdivided, only separated from the portion of land outside city limits and therefore is not required to have a subdivision agreement; and WHEREAS, the Kenai Peninsula Borough has already assigned a separate tax parcel number of 14517008 for Tract Al inside city limits; and WHEREAS, Tract Al will no longer front Nash Road and a new street address will need to be assigned; and WHEREAS, Tract Al is currently zoned Industrial (I); and WHEREAS, the size of Tract Al meets the required minimum lot size and lot width for the Industrial zoning district; and WHEREAS, all of Tract Al including Sawmill Creek on the eastern boundary, is located in the Seward Mapped Flood Data Area (SMFD), and all but the southern portion of Tract Al is located within an AE flood zone; and CITY OF SEWARD, ALASKA RESOLUTION 2024-019 WHEREAS, any type of construction within the AE designated flood zone would require additional permitting; and and WHEREAS, Tract Al is the location of a RV camper park and will remain as such; and WHEREAS, the lots which are to be further developed are located outside of city limits; WHEREAS, the distance to connect to city water and sewer is not feasible; and WHEREAS, if Tract Al were to be further subdivided and developed in the future, the subdivider would be required to obtain a Conditional Use Permit for a Planned Unit Development to install wells; and WHEREAS, due to the above factors, a subdivision agreement will not be required with this plat; and WHEREAS, all conditions required by Seward City Code § 16.01.015, Conditions to plat approval, were met; the 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, it is the Planning and Zoning Commission's responsibility to act in an advisory capacity to the Kenai Peninsula Borough regarding subdivision plat proposals within the City of Seward. NOW, THEREFORE, BE IT RESOLVED by the Seward Planning and Zoning Commission, that: Section 1. The Commission hereby recommends that, in accordance with Seward City Code Section 16.01.015 (B), the Kenai Peninsula Borough approve the submittal of the preliminary plat of The Point Subdivision, Tract A with the clarification of the flood zones; Located at 1823 Nash Road; Creating The Point Subdivision No. 2, Tract Al and Lots l & 2. Section 2. This resolution shall take effect immediately upon adoption. PASSED AND APPROVED by the Seward Planning and Zoning Commission this 3rd day of September, 2024. THE CITY OF SEWARD, ALASKA CaAlt4 .ed Carol Griswold, CITY OF SEWARD, ALASKA RESOLUTION 2024-019 AYES: Sullivan, Ulman, Charbonneau, Verhey, Hubbard, Griswold NOES: None ABSENT: Hornseth ABSTAIN: None ATTEST: 2(:v Kris Peck City Clerk (City Seal) 1 1 os OF SEW o 2 0• • SEAL Planning and Zoning Agenda Statement Meeting Date: September 3, 2024 To: Planning and Zoning Commission Through: Daniel Meuninck, Community Development Director From: Applicant Agenda Item: Resolution 2024-019: Recommending Kenai Peninsula Borough Approval of the Preliminary Plat of The Point Subdivision, Tract A; Located at 1823 Nash Road; Creating The Point Subdivision No. 2, Tract Al and Lots 1 & 2 Background and justification: Attached for the Commission's review and recommendation to the Kenai Peninsula Borough Planning Commission is a preliminary replat submitted by OLV LLC. The tract of land being subdivided is partially located within city limits and partially without city limits The proposed plat will create one tract of land for the portion that is located within city limits, calling it Tract Al . The portion of land outside city limits will be divided into two lots. Seward City Code §16.01.015(A) states that "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 sections 16.05.015." The Commission's review will focus primarily on Tract Al, the parcel of land located within city limits Tract Al is not being subdivided, rather it is only be separated from the portion of land that lies outside of city limits. Thus, a subdivision agreement will not be required with this plat. The Kenai Peninsula Borough has already assigned a separate tax parcel numbers of 14517008 for Tract Al inside city limits Tract Al will no longer front Nash Road and a new street address will need to be assigned. All of Tract Al, including Sawmill Creek on the east boundary, is located in the Seward Mapped Flood Data Area (SMFD) and all but the southern portion is within a mapped FEMA flood zone (AE). This is a special flood hazard area with a high risk of flooding. FEMA has determined that there is a 1 in 4 chance of flooding in this zone during a 30-year time frame. All home and business owners in a special flood hazard area with mortgages from federally regulated or insured lenders are required to buy flood insurance. Any development occurring within the flood zone will require additional permitting. All conditions required by Seward City Code §16.01.015(C), Conditions to plat approval, were met. The property owners within 300 feet of the requested replat were notified of the proposed subdivision, and the property was posted with public notice signage. 63 In accordance with Borough requirements, the City must review and comment on a plat before submittal to the Borough for approval. Subdivision Review: Zoning: The property is currently zoned Industrial (I). Size: Tract Al will be 14.81 acres. Utilities: The lot has access to electric but does not have access to city water and sewer. The current use of the property is a dry, RV camper park. Since the lot is more than 200 feet away from a city sewer line, SCC 14.20.025 allows for an on -site sewage disposal system. Installing a well would require City Council approval. Existing Use: The parcel is utilized as a dry, RV camper park and parking lot. Access: Tract Al has access to both Riptide Lane, which connects to Nash Road and Undertow Avenue (which is an undeveloped ROW), which connects to Riptide Lane. Tract Al will no longer front Nash Road and new street addresses will need to be assigned. Flood Zone: According to the Kenai Peninsula Borough Floodplain map, all of Tract Al, including Sawmill Creek on the east boundary, is located in the Seward Mapped Flood Data Area (SMFD) and all but the southern portion is within a mapped FEMA flood zone (AE). Any development within this area would require a floodplain permit. Comprehensive and Strategic Plan Consistency Information This legislation is consistent with (citation listed): Comprehensive Vol 1, Chapter 3.2.1 — "Promote residential and commercial development Plan: within the City of Seward and its vicinity in accordance with community values." Strategic Plan: N/A 1 Staff Comments Department Comments No Comment N/A Building Department X Fire Department X Public Works Department X Harbor Department X Police Department X Electric Department X Telecommunications X 64 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. At the time of this publication the Community Development Department has received no public inquiries. If any correspondence is received after publication of this agenda statement, it will be submitted to the Commissioners for their review. The Commission is required to provide a recommendation to the Kenai Peninsula Borough to approve this preliminary plat if they feel it has met the requirements in Seward City Code Title 15 & 16. 65 Community Development/ Planning & Zoning 410 Adams Street, Seward, Alaska 99664 '{907) 224-4049 • (907} 224-4020 or email: planningCacityofseward,net PRELIMINARY PLAT SUBMITTAL FORM PRELIMINARY PLAT REVISED PRELIMINARY PLAT (no fee required) PHASED PRELIMINARY PLATQPRELIMINARY PLAT FOR PRIVATE STREETS / GATED SUBDIVISION All requirements of Seward Code Title 16 apply and must be met. SUBDIVISION PLAT NAME: must not include business names, contact staff for assistance if needed. The Point Subdivision No. 2 PROPERTY INFORMATION: legal description Tract A The Point Subdivision Section, Township, Range Section 36 Ti N R1W, Section 1 Ti S R1W Siff General area description Seward Nash Road City Seward Total Acreage 20.996 SURVEYOR Company: Johnson Surveying Mailing Address: P.O. Box 27 Phone: (907) 262-5772 Contact Person: Jerry Johnson City, state, zip Clam Gulch, AK 99568 e-mail: iohnsonsurveyinq tat hotmail.com PROPOSED WASTEWATER AND WATER SUPPLY WASTEWATER ✓ on siteDCity WATERQon site❑City SUBMITTAL REQUIREMENTS A preliminary plat application will be scheduled for the next available Planning and boning meeting after a complete application has been received. D✓ Electronic file of Plat and ['Preliminary plat NON-REFUNDABLE submittal fee $200.00- QCertificate to plat for ALL parcels included in the subdivision ['Documentation showing proof of signatory authority (partnerships, corporations, estates, trusts, etc.} n Public Notice Sign(s} Posted on property - City staff will contact you to pick up sign EXCEPTIONS REQUESTED TO PLATTING CODE: A letter, to be presented to the Planning and Zoning commission, with substantial evidence justifying the requested exception and fully stating the grounds for the exception request, and the facts relied upon, MUST be attached to this submittal. 2. 3. APPLICANT: SIGNATURES OF ALL LEGAL PROPERTY OWNERS ARE REQUIRED. Additional signature sheets can be attached. When signing on behalf of another individual, estate, corporation, LLC, partnership, etc., documentation is required to show authority of the individual(s) signing. Contact KPB staff for clarification if needed. OWNER(s) Phone: 9 : yy/. is / Name (printed): oz. , /V L L4..— Phone: e-mail: Signature• Mer/. #[Asi.61- P.r M•Cervi AIAA4I /bAi 1 e-mail: FOR OFFICE USE ONLY RECEIVED BY DATE SUBMITTED Receipt II 73 Context Map Multi -family Residential I. Industrial Resource Management City Limits Preliminary Plat Application Property Map RES 2024-019 - Preliminary Plat for The Point Subdivision, Tract A; Creating The Point Subdivision No. 2, Tract Al and Lots 1 & 2 Location: 1823 Nash Road Parcel #: 14517008 69 Context Map Tract Al City Limits 500 feet Preliminary Plat Application: Proposed Subdivision Graphic RES 2024-019 - Preliminary Plat for The Point Subdivision, Tract A; Creating The Point Subdivision No. 2, Tract Al and Lots 1 & 2 Location: 1823 Nash Road Parcel #: 14517008 Context Map AE Flood Zone VE Flood Zone City Limits 500 feet Preliminary Plat Application: Floodplain Map RES 2024-019 - Preliminary Plat for The Point Subdivision, Tract A; Creating The Point Subdivision No. 2, Tract Al and Lots 1 & 2 Location: 1823 Nash Road Parcel #: 14517008 71 22 SEWA 34a VICINITY 1" = 1 mile MAP NOTES The Point Subdivision lli Preliminary Pat A Subdivision of Tract A The Point Subd., SWD 2020-10. Located in the SW1/4 Section 36, T1N, R1W, & the NE 1/4 Section 1, (within the City of Seward),T1S, R1W, SM, Seward, Alaska Seward Recording District Kenai Peninsula Borough Prepared for Zimmerman Investments, LLC 33318 Bear Lake Rd. Seward, AK 99664 SCALE 1" = 200' 18 June, 2024 1. FOR PORTION OUTSIDE CITY LIMITS ONLY : A building setback of 20' from all street ROWs is required unless a lesser standard is approved by a resolution of the appropriate planning commission. Front 10' adjacent to rights of way and 20' within 5' of side lot line are granted by this plat as utility easements. 2. No permanent structure shall be constructed or placed within a utility easement which would interfere with the ability of a utility to use the easement. 3. No access to state maintained ROWs permitted unless approved by the State of Alaska. Dept. of Transportation. 4. Contour interval 5'. Shaded areas indicate grades over 25%. �1c — indictes swamp Lot 4 SWD 85-19 33' section line easement Sect 36 W 1 16 50' section line easement Sect 1 Gov Lot 2 FLOOD HAZARDS NOTICE Some or all of the property shown on this plat has been designated by FEMA and the Kenai Peninsula Borough Seward Mapped Flood Data Area as a flood hazard area district as of the date this plat is recorded with District Recorder's Office. Subdivision is located within the Seward Mapped Flood Data Area and within the flood zone AE as per FEMA MAP Panel #02122C-4544E, 02122C-4563D, and 02122C-5007E. Development Must Comply with City of Seward Floodplain Management Rgulations. A survey to determine the elevation of the property may be required prior to development and the Kenai Borough Borough Floodplain Administrator should be contacted for current information and regulations. Development Must comply with chapter 21.06 of the Kenai Peninsula Borough Code. Deed Lot SWD 2013-001046-0 89° 59'07" E 439.39' UNDERTOW AVE. 30' ROW 10' utility easement Tract Al 14.81 ac. N 84° 26'51" W 74 ATS 174 Resurrection 4 / p`L 60- city limits N 89° 59'07" W r5.4.2.20' Lot 2 Prepared by Johnson Surveying P.O. Box 27 Clam Gulch, Ak 99568 AREA = 20.996 acres ./ 20' building .\\ setback line 10' utility easement \`. \\; 2.00 ac. MEMOS Bay 00, co N lo N N Lot 1 4.156 ac. / Tract B SWD 2020-10 Unsubd. Sect 36 1/4 corner esmt Sect 1 72