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HomeMy WebLinkAboutPZ Res2025-022 213 Fifth Ave Vacate1 1 1 Sponsored by: Applicant CITY OF SEWARD, ALASKA PLANNING AND ZONING COMMISSION RESOLUTION 2025-022 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF SEWARD, ALASKA, RECOMMENDING KENAI PENINSULA BOROUGH APPROVAL OF THE PRELIMINARY PLAT OF 213 FIFTH AVENUE VACATING THE INTERIOR LOT LINE AND CREATING ONE LOT WHEREAS, John Wisel has submitted a preliminary plat on behalf of Grace Group Properties 2, LLC for review and recommendation to the Kenai Peninsula Borough; and WHEREAS, the proposed plat vacates the interior lot line between the north 25' of Lot 14 and the south 10' of Lot 13, Block 9, Original Townsite of Seward, and creates one lot, Lot 14A, Block 9, Seward Original Townsite, Wisel Replat #2; and WHEREAS, the structure on the lot 14A has been demolished and Grace Group Properties intends to construct a new building; and WHEREAS, Seward City Code § 12.01.030 states that "no building, except a single-family residence, may be constructed across platted property lines"; and WHEREAS, the lot is zoned central business (CB); and WHEREAS, the size of Lot 14A meets the required minimum lot size and lot width for the central business zoning district; and WHEREAS, according to the Kenai Peninsula Borough Floodplain map, Lot 14A is not within a FEMA mapped flood zone; and WHEREAS, Lot 14A has access to city water, sewer, and electricity; and WHEREAS, Lot 14A has access to Fifth Avenue; and WHEREAS, a subdivision agreement will not be required with this plat; and WHEREAS, Seward City Code §16.01.015(F) states that a plat submitted to create a single parcel through the vacation of interior lot lines shall be exempt from the public hearing and notification requirements; 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. CITY OF SEWARD, ALASKA RESOLUTION 2025-022 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 north 25' of Lot 14 and the south 10' of Lot 13, Block 9, Original Townsite of Seward, creating Lot 14A, Block 9, Seward Original Townsite, Wisel Replat #2. Section 2. This resolution shall take effect immediately upon adoption. PASSED AND APPROVED by the Seward Planning and Zoning Commission this 1st day of July, 2025. THE CITY OF SEWARD, ALASKA c Carol Griswold, h AYES: Hornseth, Verhey, Sullivan, Hubbard, Griswold NOES: ABSENT: Charbonneau, Pemberton ABSTAIN: ATTEST: Kris Peck City Clerk (City Seal) Planning and Zoning Agenda Statement Meeting Date: July 1, 2025 To: Planning and Zoning Commission Through: Daniel Meuninck, Community Development Director From: Applicant Agenda Item: Resolution 2025-022, of the Planning and Zoning Commission of the City of Seward, Alaska, recommending Kenai Peninsula Borough approval of the preliminary plat of 213 Fifth Avenue, vacating the interior lot line and creating one lot Background and justification: Attached for the Commission's review and recommendation to the Kenai Peninsula Borough Planning Commission is a preliminary plat submitted by John Wisel on behalf of Grace Group Properties 2, LLC. The proposed plat vacates the interior lot line between the north 25' of Lot 14 and the south 10' of Lot 13, Block 9, Original Townsite of Seward, and creates one lot, Lot 14A, Block 9, Seward Original Townsite, Wisel Replat #2. Historically, portions of property were combined through deeds without formally changing the platted boundaries. This property is an example of such a situation, where a portion of Lot 14 and Lot 13 were deeded to one owner, without changing the plat. Grace Group Properties 2, LLC purchased the property and demolished the existing structure, with plans to construct a new building. Seward City Code § 12.01.030 states that "no building, except a single-family residence, may be constructed across platted property lines." This restriction in city code requires Grace Group Properties 2, LLC to remove the interior lot line on their property and create one legal parcel. 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 proposed plat has access to developed rights -of -way and city water, sewer, and electricity. Thus, a subdivision agreement will not be required with this plat. Seward City Code § 16.01.015(F) states that a plat submitted to create a single parcel through the vacation of interior lot lines shall be exempt from the public hearing and notification requirements. In accordance with City and Borough requirements, the Seward Planning and Zoning Commission must review and comment on a preliminary plat before submittal to the Borough for approval. 10 Subdivision Review: Zoning: The property is currently zoned central business (CB). Size: Lot 14A will be 3,500 square feet. The required minimum lot size is 3,000 square feet. Utilities: Lot 14A has access to city water, sewer, and electricity Existink Use: A building slab from the previous structure, which was demolished, is located on Lot 14A. Access: Lot 14A has access to Fifth Avenue. Flood Zone: The property is not located within a FEMA-mapped floodplain. Comprehensive and Strategic Plan Consistency Information This legislation is consistent with (citation listed): Comprehensive Vol 1, Chapter 2.2.11 Plan: • "Promote infill development by encouraging and promoting construction on vacant sites in areas of the city which are already established." Strategic Plan: N/A 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 Public Comment 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 Commission if they feel it has met the requirements in Seward City Code Title 15 and 16. [SCC 16.01.015 B] 11 • {)1.R F H AVE.. • ■ LI TH a_, 2• {Fe' 21 U URTH AVE 20:5 F:)LJh ▪ ' •r SHI NGTO N ST FOURTH AVE'• FOUR-▪ TH:PME-- . FOURTH AV E Ii-FOUR-▪ lei. 1 ,-.. 4 FOUR-TAi-,AV FOURTH AV •OLE TH AVER 403 h ,S I -I IN GTON' 139 FOURTH4VE . f�.'dE f3U'FOURTHAVE 1F(7l1FkTH 100 feet FIRTH 3FIFTH�E 223 FIFTH! E 2 1 FFFTH P10.}E + �*-FIFT�H•A�V - - [227. �15.T�H-,A 22.0.9E H 7 FIFTH FI: IH AVE ASHINGTON ST FTI i AVE Preliminary Plat Application Property Map Context Map RES 2025-022 - Vacating the interior lot line between the north 25' of Lot 14 and the south 10' of Lot 13, Block 9, Original Townsite of Seward, to create one lot, Lot 14A, Block 9, Seward Original Townsite, Wisel Replat #2 Location: 213 Fifth Avenue Parcel #: 14911021 14 1 Community Development/Planning & Zoning 410 Adams Street, Seward, Alaska 99664 •(907) 224-4049 • (907) 224-4020 or email: planning©cityofseward.net PRELIMINARY PLAT SUBMITTAL FORM PRELIMINARY PLAT REVISED PRELIMINARY PLAT (no fee required) PHASED PRELIMINARY PLAT❑ PRELIMINARY 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. SewCxre �r�cxlY10.� �rW�Sl1� Wise Reo(o,2-( (2 PROPERTY IN FORMATION: Legal Description Ivl -* 2.S' o4 Lo+ iq, 6I0cL 5 ar,c4 File So-t•a, 10, of Lo+ 13, gfo4.14.- ct, Scus, arof Oric,,...l owv,si,-frL. Section, Township, Range -7 IS fZ lthl Sec_ 10 so ward /-ieiriai 0 ,, S(A.1 General area description 21 f.i-E'-j-I,. a-vQ.fr City Sewp ,r-at Total Acreage 0,0 S (3, cg-YD se) SURVEYOR Contact Person: Cv2 rou-c( "Toi. vk sc,-,-, Company: _ 7,; 1-,,.,s4,,., S.,..r-ve: ; ,,N 3 Mailing Address: Po "j-;.„C 27 City, State, Zip Ck w, UPI (_I4 Al- 99 Sb 8 Phone: 907- 9__(,-2_--_5-7-7Z l e-mail: 't;,hy,s Su,-veyti,1/40.hu-fmui(.cbrvi PROPOSED WASTEWATER AND WATER SUPPLY WASTEWATER on site City WATEREon site City SUBMITTAL REQUIREMENTS A preliminary plat application will be scheduled for the next available Planning and Zoning meeting after a complete application has been received. ®Electronic file of Plat and Preliminary plat NON-REFUNDABLE submittal fee $200.00 + $14.00 Tax = $214.00 Certificate to plat for ALL parcels included in the subdivision Documentation showing proof of signatory authority (partnerships, corporations, estates, trusts, etc.) ❑ Public Notice Sign(s) Posted on property - City staff will contact you to pickup 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. 1. 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) Name (printed) Signature: 15 The preliminary plat shall be drawn to scale of sufficient size to be clearly legible and shall clearly show the following: 1. Within the title block: Not applicable to my plat. The required information has been shown/noted. a. Name of the subdivision which shall not be the same as an existing city, town, tract, or subdivision of land in the borough, of which a plat has been previously recorded, or so neariy the same as to mislead the public or cause confusion; b. Legal description, location, date, and total area in acres of the proposed subdivision; and c. Name and address of owner(s), as shown on the KPB records and the certificate to plat, and registered land surveyor; / V 2. North point; 3. The location, width and name of existing or platted streets and public ways, railroad rights -of -way, and other important features such as section lines or political subdivisions or municipal corporation boundaries abutting the subdivision; t/ 4. A vicinity map, drawn to scale showing location of proposed subdivision, north arrow if different from plat orientation, township and range, section lines, roads, political boundaries, and prominent natural and manmade features, such as shorelines or streams; V. 5. All parcels of land including those intended for private ownership and those to be dedicated for public use or reserved in the deeds for the use of all property owners in the proposed subdivision, together with the purposes, conditions, or limitations of reservations that could affect the subdivision; / V 6. The names and widths of public streets and alleys and easements, existing and proposed, within the subdivision; 7. Status of adjacent lands, including names of subdivisions, lot lines, block numbers, lot numbers, rights -of -way; or an indication that the adjacent land is not subdivided; V 8. Approximate locations of areas subject to inundation, flooding, or storm water overflow, the line of ordinary high water, wetlands when adjacent to lakes or non -tidal streams, and the appropriate study which identifies a floodplain, if applicable; 9. Approximate locations of areas subject to tidal inundation and the mean high water line; / ,/ 10. Block and lot numbering approximate dimensions and total numbers of proposed lots; 11. The approximate location of known existing municipal wastewater and water mains, and other utilities within the subdivision and immediately abutting thereto 12. Contours at suitable intervals when any roads are to be dedicated unless the planning director or commission finds evidence that road grades will not exceed 6 percent on arterial streets, and 10 percent on other streets; 13. Approximate locations of slopes over 20 percent in grade and if contours are shown, the areas of the contours that exceed 20 percent grade shall be clearly labeled as such; 14. Apparent encroachments, with a statement indicating how the encroachments will be resolved prior to final plat approval Subdivision Name: 5e1A.Jc�;r'cc1 Orr�t hat owns.1 IN i ( R,3 1 c - Date 16 T1S R1W S 9+S SM SEWARDG, C S B S A St 4M aa, Si , > > > > QQaa Madison St N M ? 11 Road Jefferson a, v hu • ch St a Adams St Washington t St Replat Location >- Q log VICINITY 1" = 2000' MAP LEGEND ED- AK DOT brass cap, Record SWD 2016-2 S— Brass cap, ATS 174, Record SWD 2016-2. • — Lot corner set in plat SWD#1, not described. ( )— Record data SWD 2016-2. Lot 30 Block 9 SWD #1 Lot 29 Block 9 SWD #1 Lot 28 Block 9 SWD #1 Lot 26A Block 9 SWD 90-10 Lot 25 Block 9 SWD #1 Lot 24 Block 9 SWD #1 WASTEWATER DISPOSAL Seward Original Townsite Wesel Replat #2 A replat combining the north 25' of Lot 14 Block 9 with the South 10' of Lot 13 (deed parcel Book 36 Page 807), Seward Original Townsite (SWD #1) and excluding thereto Seward Original Townsite Snowden Replat, SWD 2016-2. Located in USS 726, Within the SW 1/4 Section 10, T1S R1W, Seward Meridian, City of Seward, Kenai Peninsula Borough, Alaska. Seward Recording District Kenai Peninsula Borough File Prepared for Grace Group Properties 1, LLC P.O. Box 3565 Seward, AK 99664 Prepared by Johnson Surveying P.O. Box 27 Clam Gulch,Ak 99568 (907) 262-5772 SCALE 1" = 30' AREA = 3,500 sq ft 9 January, 2025 NOTES: 1. This replat is subject to City of Seward Land Use and Zoning regulations. 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. Lot is served by City water & sewer. 4. This is a paper plat base on data from SWD plat #1 and SWD 2016-2. No field survey was performed in conjunction with preparing this plat, no corners were found or set. 5. Property slopes approximately 4% from the north dropping toward the south. There are no wet areas on the poperrty. C/L ADAMS ST. ( WEST 1200.0' ) BASE BEARING SWD 2016-2 Lot 9A Block 9 SWD 94-31 Lot 12A Block 9 SWD 94-31 EAST 100.0' 0 OJ former lot line Lot 14A Block 9 3,500 sq ft 0 U) OJ ( WEST 100.0' ) Lot 16A Block 9 SWD 2016— 2 Lot 17A Block 9 SWD 83-8 20.40.070 Plans for wastewater disposal, that meet regulatory requirements are on file at the Department of Environmental Conservation 0 M 0 ti 611 Ou w LJ- 80' Lot 29 Block 8 SWD #1 Lot 28 Block 8 SWD #1 Lot 27 Block 8 SWD #1 Lot 26 Block 8 SWD #1 Lot 25 Block 8 SWD #1 Lot 24 Block 8 SWD #1 Preliminary Plat 17