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HomeMy WebLinkAboutRes2011-037 Sponsored by: Oates CITY OF SEWARD, ALASKA RESOLUTION 2011 -037 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, RECOMMENDING KENAI PENINSULA BOROUGH APPROVAL OF THE WATERFRONT PARK PRELIMINARY REPLAT WHICH ESTABLISHES THE OUTER BOUNDARIES OF THE WATERFRONT PARK, INCLUDES THE VACATION OF ALL INTERIOR UNDEVELOPED RIGHTS -OF -WAY, EASEMENTS AND INTERIOR PLATTED LOT LINES; DEDICATES ADDITIONAL RIGHTS -OF -WAY AND EASEMENTS; LOCATED PREDOMINATELY WITHIN THE PARK ZONING DISTRICT WHEREAS, administration hired Cline and Associates Land Surveyors to prepare a preliminary plat of the City owned lands, establishing the perimeter boundary of the historical area commonly known as Waterfront Park; and WHEREAS, Cline and Associates has submitted the preliminary plat to be known as Seward Original Townsite, Waterfront Park Replat; and WHEREAS, this platting action will vacate interior lot lines, undeveloped Rights -of -Way, and undeveloped utility easements creating eight (8) parcels totaling 106.97 acres; and WHEREAS, this platting action will extend or dedicate the Rights -of -Way for Ballaine Boulevard, Jefferson, Madison, "B" and "C" Streets, providing public access to Resurrection Bay and provide legal dedication for the north end of Ballaine Boulevard to Fourth Avenue; and WHEREAS, Cline and Associates has worked diligently with City staff to protect and provide easements for existing and planned utilities throughout the Waterfront Park replat; and WHEREAS, City staff have reviewed, commented and support the proposed Waterfront Park replat; and WHEREAS, the vast majority of the area included in the Waterfront Park is currently zoned Park (P); approximately 6 tenths of an acre is zoned Harbor Commercial (HC); this replat does not create any non - conforming structures or lots within the current zoning districts; and WHEREAS, no subdivision installation agreement is necessary because all parcels are currently serviced by municipal roads, water, sewer, electric and other utilities; and WHEREAS, the Seward Planning and Zoning Commission held a public hearing and approved Resolution 2011 -04, recommending the Seward City Council and the Kenai Peninsula Borough approval of the replat. CITY OF SEWARD, ALASKA RESOLUTION 2011 -037 NOW, THEREFORE, BE IT RESOLVED BYTHE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, that: Section 1. The Seward City Council recommends the Kenai Peninsula Borough Planning Commission approve the vacation of all undeveloped interior Rights -of -Way as proposed by the replat. Section 2. The Seward City Council further approves the dedication of Rights -of -way for Jefferson Street, Madison Street, B Street, C Street and Ballaine Boulevard as proposed by the Waterfront Park replat. Section 3. The Seward City Council further recommends the Kenai Peninsula Borough Planning Commission approve the Waterfront Park Replat. Section 4. This resolution shall take effect 30 days after passage and posting as required by Seward City Code § 7.05.145. owl PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 23 day of May 2011. THE CITY OF SEWARD, ALASKA Willard E. Dunham, Mayor AYES: Valdatta, Bardarson, Smith, Keil, Shafer, Casagranda, Dunham NOES: None ABSENT: None ABSTAIN: None ATTEST: �� � t ".®ecih I _i�.i _ _ ✓ • E • pp% ohanna Kinney, CMC .• ' , ." Q� • •• City Clerk :Q / :.. ,d ,•.. 1 (City Seal) g '; ;:=AL i i 4. ♦ o oA'• . ° °,a " City Council Agenda Statement Meeting Date: May 23, 2011 {°Fsey, Through Phillip Oates, City Manager From: Donna Glenz, Planner Agenda Item: Resolution 2011- Ulrecommending City Council and Kenai Peninsula Borough approval of the Waterfront Park Replat BACKGROUND & JUSTIFICATION: Attached for the Council's approval and recommendation to the Kenai Peninsula Borough Planning Commission is the Waterfront Park preliminary plat submitted by Cline and Associates on behalf of the City of Seward. In accordance with Seward City Code (SCC) 16.01.015(B) "no preliminary plat of City - owned property may be submitted to the Kenai Peninsula Borough Planning Commission for approval without the prior consent of the City." Cline and Associates was hired to survey and establish the boundary of the area commonly known as Waterfront Park. This replat contains an area totaling approximately 106.97 acres and is located along the Seward waterfront from Railway and Sixth Avenue north to the South Harbor Uplands. The majority of the area has been known since the 1964 earthquake as Waterfront Park. Also included are the areas dedicated as Pat Williams Park, Waterfront Tot Lot and the baseball fields. This entire area known as Waterfront Park is owned by the City. This platting action will vacate all interior lot lines, undeveloped Rights -of -Way and undeveloped utility easements. The replat also dedicates an 80 foot Right -of -Way extension of Ballaine Boulevard, providing legal dedication of Ballaine Boulevard through to Fourth Avenue. This replat also dedicates the Rights - of -Way extension of the Jefferson Street, Madison Street, "B" and "C" Streets, providing legal dedication to the existing public access easement along the entire waterfront. The development of this replat has been a goal of the public and City staff for many, many years. Replatting of the Waterfront Park area has also been on the Planning and Zoning Priority List as approved by Council for many years. At the time of the 1964 earthquake and tsunami this entire area was inundated with water and debris. Following the earthquake this area has been established as a safety zone open area. SUBDIVISION REVIEW: Zoninji: This replat contains Two (2) zoning districts. The large area known as Waterfront Park is predominantly zoned Park (P). A very small area of the Park is located directly east of the parcel containing the Harbor Lights Apartments. This area is currently used for motor home camping, contains approximately six tenths of an acre and is zoned Harbor Commercial (HC). The north portion of the South Harbor Uplands is also zoned Harbor Commercial (HC). The south portion of the South Harbor Uplands is zoned Park (P). 3 Once the platting action has been completed and recorded the Community Development staff intends to bring a rezone recommendation before the Planning and Zoning Commission and the Council to "clean- up" the small Harbor Commercial area located east of the Harbor Lights Apartments. This replat does not create any non - conforming lots or structures. Utilities: The properties are served by all necessary utilities; therefore a subdivision agreement is not required. The proposed platting action provides utility easements for all existing utilities and current accesses. Existing Uses: The entire Waterfront Park area has been used as a camp grounds and open space safety zone with very limited infrastructure and permanent structures. The Waterfront Park open space safety zone has greatly assisted in the City of Seward Class 7 Community Rating System accreditation with the FEMA National Flood Insurance Program. Flood Zone: Much of this area is located within a Coastal Velocity Flood Hazard Area. INTENT: Survey and establish the boundary of the area commonly known as Waterfront Park. CONSISTENCY CHECKLIST: Where applicable, this agenda statement is consistent with the Seward City Code, Charter, Comprehensive Plans, Land Use Plans, Strategic Plan and City Council Rules of Procedures or Other Plans or Policies: Yes No N/A 1. Comprehensive Plan (2020) X 2.0 Community Vision and Values for 2020 Recreation: We value diverse, year- round, indoor and outdoor recreational opportunities and facilities for residents and visitors of all ages and socioeconomic backgrounds. (Bullet 4, page 12) Protect open space by ensuring that Waterfront Park is platted, zoned and dedicated for park purposes in perpetuity. Public Safety: We value a safe community and a feeling of security. 3.6.1. (page 25) Improve, expand and diversify year -round parks and recreational opportunities for residents and visitors. 3.6.1.1 (page 25) (Bullets 4) Develop a landscape plan for Waterfront Park that provides for additional green space and vacates existing lot lines and rights -of -way. Yes No N/A 2. Strategic Plan (1999) X Recreation and Leisure (page 12) We provide diverse, year- round, indoor and outdoor recreational, educational, and cultural opportunities and facilities for residents and visitors of all ages and socioeconomic backgrounds. Goals and Objectives: • Beautify Waterfront Park * Develop a landscaping plan for Waterfront Park which provides for additional green space. • Protect Waterfront Park Open Space * Maintain Park Zoning designation throughout Waterfront Park f.� Yes No N/A 3. All Hazard Mitigation Plan (April 2010) X _ The Waterfront Park area is noted in the All Hazard Mitigation Plan in many places as a potential hazard area for storm surges, Tsunami inundation, and potential earthquake hazard area. The plan recommends continued protection and erosion control of the waterfront area and to maintain the area as an open safety zone. FISCAL NOTE: Costs for surveying were paid in 2010. Filing fees to the Kenai Peninsula Borough for the replat are not to exceed $500.00 and will be paid in 2011 budget. Approved by Finance Department: .uo' .. ATTORNEY REVIEW: Yes: X No: Staff Comments: Community Development staff has held several meetings with department heads to review and discuss this platting action. All concerns have been addressed and all City department heads recommend approval of this preliminary replat. Public Comment: Property owners within three hundred (300) feet of the proposed platting action were notified of the Planning and Zoning 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 the Planning and Zoning Public Hearing the Community Development Department had received two written comments. The first was a letter of support from the adjacent property owner to the Pat Williams Park area of the Waterfront Park which also included many suggestions for future projects in the park. The second is a request for more information from the adjacent property owner at the Harbor Lights Apartments. While providing support for the Waterfront Park several questions were asked regarding future plans for the area. Both of these inquiries were forwarded to the Parks and Recreation Department for future planning projects. Staff has also received several verbal questions and comments from the public. The questions were clarification regarding the boundary of the Park. All questions were answered and followed by comments of support for the Waterfront Park replat. No comments in objection to the replat were received. The Planning and Zoning Commission held a Public Hearing April 5, 2011 and unanimously approved Resolution 2011 -04 recommending the City Council approve the submittal of the Waterfront Park Replat to the Kenai Peninsula Borough. RECOMMENDATION: Approve City Council Resolution 2011- 03-1 recommending Kenai Peninsula Borough approval of the Waterfront Park replat.