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CITY OF SEWARD, ALASKA
RESOLUTION 2003-041
A RESOLUTION OF THE CITY COUNCIL SEWARD,
ALASKA, RECOMMENDING KENAI PENINSU A BOROUGH
PLANNING COMMISSION APPROVAL OF TH PRELIMINARY
PLAT REVIEW OF THE HEMLOCK STRE RIGHT OF WAY
ACQUISITION, CONSISTING OF A POR ON OF U.S.S. 1864
WITHIN THE NW 1/4 SECTION 34, WNSHIP 1 NORTH,
RANGE 1 WEST, SEWARD MERIDI ,ALASKA, CITY OF
SEWARD, SEWARD RECORDING ISTRICT, CONTAINING
0.989 ACRES, AS SUBMITTED BY HE SEWARD PLANNING
AND ZONING COMMISSION IN SOLUTION 2003-03
WHEREAS, Cline & Associate submitted a preliminary plat for the Hemlock
Street right of way acquisition, consist' g of a portion of U.S.S. 1864 within the NW '/a
Section 34, Township 1 North, Rang 1 West, Seward Meridian, Alaska, City of Seward,
Seward Recording District, contai g 0.989 acres to the City of Seward for review and
recommendation to the Kenai Pen' sula Borough Planning Commission; and
WHEREAS, the Sew~d Plannin~ and Zoning Commission held a public hearing
on the preliminary plat at the' Februry 4t , 2003 meeting; and
WHEREAS, the roposed right of way acquisition is an important component of
water and sewer utilit expansion necessary for future residential development in the
Forest Acres area; an
WHERE ,the acquisition and subsequent platting of this right of way will
address an existi encroachment of Hemlock Street on the sellers property; and
WH AS, the Planning and Zoning Commission approved Resolution 2003-
03, which s ported the preliminary plat with amendments concerning street naming and
the additio of an additional ten feet to the proposed thirty feet of right of way acquisition
which w ld make the pre-existing twenty foot wide Hemlock Street have a total width
of sixty eet; and
~ WHEREAS, sixty feet exceeds the fifty foot minimum width requirements of the
of Seward but meets the Kenai Peninsula Borough standard for a road which
;es more than six lots; and
~ WHEREAS, there are no new subdivisions being accessed by this right of way
acquisition, and
CITY OF SEWARD, ALASKA
RESOLUTION 2003-41
WHEREAS, funding for purchase of an additional ten feet of right of way is not
an integral part of this project, and
WHEREAS, approving the preliminary plat with only thi y feet of right of way
acquisition is cost effective and consistent with negotiations eld with the property
owners.
NOW, THEREFORE, BE IT RESOLVED B~'/'THE CITY COUNCIL OF
THE CITY OF SEWARD, ALASKA, that:
Section 1. The City of Seward recommen Kenai Peninsula Borough Planning
Commission approval of the preliminary plat rev' w of the Hemlock Street right of way
acquisition, consisting of a portion of U.S. 1864 within the NW '/4 Section 34,
Township 1 North, Range 1 West, Seward eridian, Alaska, City of Seward, Seward
Recording District, containing 0.989 acres s ject to the following conditions:
1. The plat has Hemlock Street 1 eled on the 33 foot wide North-South portion
of U.S. S. 1864. This nami shall be deferred to the Borough, if that Right-
of-Way or thirty Four (34 foot easement requires naming then the property
owner be given the first o portunity to name.
Section 2. This resolutior~hall take effect immediately upon its adoption.
PASSED AND APP VED by the City of Seward, Alaska this 28th day of
April, 2003.
THE CITY OF SEWARD, ALASKA
Stu Clark, Mayor
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Jean Lewis
City Clerk
(City Seal)
Council Agenda Statement
Meeting Date: April 28, 2003
Through: Kris Erchinger, Acting City Manager
From: Malcolm G. Brown, Planner
Agenda Item: Acquisition of Right of Way along
Hemlock Street, in order to support the Extension of the
Water Main to Forest Acres
BACKGROUND & JUSTIFICATION:
Attached for the Council’s review and recommendation to the Kenai Peninsula Borough
Planning Commission is Resolution 2002-41. It is concerned with Resolution 2003-03,
approved by the Seward Planning and Zoning Commission February 4, 2003. P & Z
Resolution 2003-03 recommends City Council and Kenai Peninsula Borough approval of
the preliminary plat review of the Hemlock Street right of way acquisition, consisting of
a portion of U.S.S. 1864 within the NW ¼ Section 34, Township 1 North, Range 1 West,
Seward Meridian, Alaska, City of Seward, Seward Recording District, containing 0.989
acres, as amended. Preliminary plat review normally goes directly from the Seward
Planning and Zoning Commission to the Kenai Peninsula Borough Planning
Commission, but since Council will be purchasing the right of way, it seemed appropriate
to have Council approval of the preliminary plat review (SCC 7.05.510, Easements and
Rights-of-way).
This right of way acquisition will add forty feet to that portion of Hemlock Street which
is currently twenty feet wide. A sixty foot wide right of way meets the minimum
standard road width within the Borough for a road which serves more than 6 lots (Kenai
Peninsula Borough Code 20.20.110). This road has frontage on seven lots. That is why
the Commission recommended that the right of way acquisition of thirty feet be increased
by ten feet for a total of forty feet.
This right of way acquisition is an important component of future water and sewer utility
development in the Forest Acres area. This right of way will not be developed to City
standards required for maintenance and vehicle trafficability at this time, as there is no
funding available. The only activity for which funding exists at this stage is an extension
of the water main.
The City of Seward has authorized CRW Engineering Group, LLC. to negotiate the
purchase of the land for this right of way acquisition with the property owners, Carol and
Frank Griswold. This right of way will then become city owned property and the plat
recommendations of the Council will need approval by the Kenai Peninsula Borough
Planning Commission for final plat approval and recording.
An additional benefit this will provide to the City is that a portion of Hemlock Street
encroaches on the Northeast corner of U.S.S. 1864. This encroachment will be part of
the right of way acquisition. This right of way acquisition will address the encroachment
over this parcel.
Although it would be optimal to acquire forty feet of right of way, the negotiations with
the property owners have been focused on acquisition of thirty feet of right of way, since
the minimum width for a road is fifty feet (SCC 16.05.010.1. Streets. All streets located
within a subdivision subject to the requirements of this Title shall be not less than fifty
feet in width and shall be gravel surfaced according to city specifications). When the
preliminary plat was prepared by the surveyor, thirty feet was added to Hemlock Street to
comply with the City’s fifty foot width requirement for streets.
In the event that the property owners would require more compensation for an additional
ten feet, it would be cost effective for the water main extension project to proceed with
the acquisition of thirty feet as originally planned, budgeted for and submitted in the
preliminary plat. Hopefully, the Kenai Peninsula Borough Planning Commission will be
receptive to the improvement of the right of way from twenty feet to fifty feet, as there is
no subdivision being created. At such time as a subdivision would be created, this right
of way could be expanded another ten feet to comply with that requirement.
Preliminary Plat Review:
Zoning:
The properties which this right of way connects and adjoins on the South are zoned R1,
Single Family Residential. This zoning allows for single family residential and low
density residential uses. Two of the properties adjoined to the North at the East end of
the right of way acquisition are zoned RR, Rural Residential. This zoning allows for
rural, very low density single-family residential uses.
Floodplain:
According to the FEMA Flood Insurance Rate Map, the properties this right of way
accesses are located outside of a designated floodplain.
CONSISTENCY CHECKLIST:
Yes No
1. Comprehensive Plan (1990) X ____
The Comprehensive Plan states that developable land in Seward is scarce yet there is a
desire to accommodate as much projected demand for housing as possible within the City
limits in order to ensure sound community growth and development (page 29).
2. Strategic Plan (1999) X ____
The Strategic Plan recommends developing infrastructure expansion plans for currently
undeveloped residential and commercial property (page 5).
FISCAL NOTE:
Ongoing negotiations between CRW and the property owners have focused on the
purchase of a thirty foot right of way acquisition for the amount of $30,000.
Approved by Finance Department________________________
RECOMMENDATION:
Council approve Resolution 2003-41, Recommending Kenai Peninsula Borough Planning
Commission approval of the Preliminary Plat Review of the Hemlock Street Right of
Way Acquisition, Consisting of a Portion of U.S.S. 1864 Within the NW ¼ of Section 34,
Township 1 North, Range 1 West, Seward Meridian, Alaska, City of Seward Recording
District, Containing 0.989 Acres.