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HomeMy WebLinkAboutRes2003-041PULLED 4/28 Sponsored by: Planning and Zoning 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.