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HomeMy WebLinkAboutRes2015-046 Sponsored by: Hunt CITY OF SEWARD,ALASKA RESOLUTION 2015-046 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH THE KENAI PENINSULA HOUSING INITIATIVE (KPHI), DONATING APPROXIMATELY 1.7 ACRES OF THE SOUTHERN PORTION OF LOT 11A, FORT RAYMOND SUBDIVISION REPLAT NUMBER 1, FOR THE SOLE PURPOSE OF DEVELOPING AN INDEPENDENT SENIOR HOUSING FACILITY UPON CONDITION OF KPHI BEING AWARDED ALL OTHER NECESSARY FUNDING FOR THE PROJECT DEVELOPMENT AND COMPLETION WHEREAS, the lack of senior housing in Seward has been identified as a leading cause of seniors needing to leave the community in order to find adequate living facilities;and WHEREAS, relocating away from family, friends, and medical and social support systems is especially traumatic for our seniors; and WHEREAS, a dedicated group of local volunteers has for years explored options for 111 developing an appropriate non-income based senior living facility in Seward, and has most recently partnered with the Kenai Peninsula-Housing Initiative (KPHI)to formalize and further their effort on behalf of the community; and WHEREAS, KPHI is a private non-profit corporation who has successfully developed housing projects across the Peninsula serving seniors, special needs, and low income populations; and WHEREAS, KPHI's experience and history suggest that they are the most likely entity to successfully procure grant funding to develop a senior housing facility in Seward;and WHEREAS, key to a successful grant application is a commitment of site control for the location of the proposed facility; and WHEREAS, KPHI proposes to develop the facility in two phases; each to be a five or six-plex structure; and WHEREAS, KPHI desires to accomplish the replatting necessary to delineate the southern portion of Lot 1 1A, Fort Raymond Subdivision, to acquire this property and to develop the senior housing facility, all subject to grant award(s) sufficient to fund the project; and WHEREAS, the City desires to support and facilitate where feasible senior housing in the community; and *This Resolution was amended by Resolution 2015-081 CITY OF SEWARD, ALASKA RESOLUTION 2015-046 WHEREAS, Lot 11A, Fort Raymond Subdivision is currently zoned Park (P), the newly created 1.7 acres parcel would require a rezone and Land Use Map amendment; and WHEREAS, the Municipal Lands Inventory and Management Plan (2014 update) supports disposal of Lot 11A Fort Raymond, with a sound development plan; and WHEREAS, the Planning and Zoning Commission held a public hearing on May 5, 2015 and approved P&Z Resolution 2015-11 with findings as attached hereto, recommending Council approve the donation of 1.7 acres of Lot 11A, Fort Raymond Subdivision, Replat 1, for Senior Housing with conditions; and WHEREAS, donating land constitutes a less than fair market value transaction, and requires the Council to find such a transaction to be in the public's interest as a condition of authorizing the transfer; and WHEREAS, prior to the transfer of title to the land, the City shall require KPHI, to complete to the satisfaction of the City, the replatting, rezoning, and proof of financing sufficient to complete the development. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD,ALASKA that: Section 1. The Seward City Council hereby authorizes the City Manager pursuant SCC 7.05.120 and 7.05.150 to execute, upon completion of necessary replatting, rezoning, and proof of financing for the development, the transfer of title for the property referenced here as the southern portion of Lot 11A, Fort Raymond Subdivision, Replat No. 1; approximately 370 feet from the southern lot line to the north, compromising a total of approximately 1.7 acres, to the Kenai Peninsula Housing Initiative (KPHI) for less than fair market value and for the sole purpose of developing a senior housing facility. Section 2. The Seward City Council further finds the KPHI agrees to complete at its own expense all zoning, replatting and rezoning actions necessary for the development of the property; and to provide proof of financing sufficient for the project as prior conditions of the transfer of title; and to pay all closing costs and fees for said property as consideration to the City for the properties. Section 3. The Seward City Council further finds the disposal of the parcel, as described in Section 1 above, to be in the best interests of the citizens of the City of Seward and that the public interest shall be served by disposing of the property interest for less than the fair market value, in accordance with the recitals above which are incorporated herein. No appraisal is necessary pursuant to SCC 7.05.150. *This Resolution was amended by Resolution 2015-081 CITY OF SEWARD, ALASKA RESOLUTION 2015-046 Section 4. The Seward City Council further find that if the action items in Section 2 above are not completed by May 26, 2020 the authorization to transfer the land lapses unless further authorized by the City Council. Section 5. The Seward City Council further finds that pending the transfer of title, the lapsing or the re-authorization of this proposed transfer, the land remains available for use by the City. Section 6. This Resolution shall take effect thirty (30) days after passage and posting. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 26th day of May, 2015. THE CITY OF SEWARD, ALASKA can Bardarson, Mayor AYES: Terry, Butts, Squires, Darling, Bardarson NOES: None ABSENT: Keil, Casagranda ABSTAIN: None ATTEST: J+h. a Kinney, C�i1 �i A • Ft OS' �'tet ity Clerk �,o�Qrt d! �•� 01.1 +Y (City Seal) 4 [: 0 .w_e... - C Y *This Resolution was amended by Resolution 2015-081 Council Agenda Statement Meeting Date: May 26,2015 (.) AT,, o 1 Through: Jim Hunt, City Manag A�;�\ 4 P J, From: Donna Glenz, Planner j_ ��� Agenda Item: Authorizing the City Manager to enter into an Agreement with the Kenai Peninsula Housing Initiative (KPHI) Donating approximately 1.7 Acres of the Southern portion of Lot 11A, Fort Raymond Subdivision for a non- income based Senior Housing Facility BACKGROUND &JUSTIFICATION: A lack of non-income based senior housing in Seward has been identified as a leading cause of seniors leaving the community in order to find adequate facilities. Relocating away from family, friends, and medical and social support systems is especially traumatic for our seniors. A dedicated group of local volunteers has explored options for developing an appropriate non- income based senior living facility in Seward, and has most recently partnered with the Kenai Peninsula Housing Initiative (KPHI) to formalize and further their effort on behalf of the community. KPHI is a private non-profit corporation that has successfully developed housing projects across the Peninsula serving senior, special needs, and low income populations. KPHI's experience and history suggest that they are the most likely entity to successfully procure grant funding to develop a senior housing facility in Seward. Key to a successful grant application is a commitment of site control for the location of the proposed facility. KPHI proposes to develop the facility in two phases; each to be a five or six-plex. They desire to do the replatting necessary to delineate the southern portion of Lot 11A, Fort Raymond, to acquire this property, and to develop the senior housing facility, all subject to grant award(s) sufficient to fund the project. The City desires to support and facilitate where feasible senior housing in the community. On March 23, 2015 the Seward City Council held the first of two public hearings on Resolution 2015-020,regarding a request from KPHI for the donation of 1.8 acres of the northern portion of Pat Williams Park for the development of a senior housing facility. Following the public hearing, the Council amended the original resolution, downsizing the area and amount of land to the northwest area of Pat Williams Park consisting of approximately .7 acre. The Council also requested the Planning and Zoning Commission hold a public hearing on April 7, 2015 to provide additional public comment time and provide a recommendation to Council on Resolution 2015-020, as amended. Following the public hearing on April 7, 2015 the Planning and Zoning Commission voted to fail P&Z Resolution 2015-08, thereby recommending the council fail Resolution 2015-020. The Commission's recommendation was moved forward to Council on April 13, 2015 where the Council failed Resolution 2015-020 and recommended an alternate piece of property owned by the City. The Council directed the Planning and Zoning Commission to hold a public hearing and provide recommendation on the disposal of the southern portion of Lot 11A, Fort Raymond, Replat Number 1, containing approximately 1.7 acres. On May 5, 2015 the Planning and Zoning Commission held a public hearing, reviewed and discussed the recommendation on the disposal of the southern portion of Lot 11A, Fort Raymond and declared the following findings: A. The use as a non-income based senior housing facility is consistent with the purpose of this chapter(the Seward Zoning Code) and the purposes of the zoning district Finding: This condition can be met: Lot 11A, Fort Raymond is currently zoned Park. The zoning could be amended by City Council Ordinance to allow the senior housing facility (multi-family residential) by Conditional Use Permit (CUP) within the following zoning districts: Multi-Family(R3); Urban Residential (UR); Office Residential (OR); or Auto Commercial (AC). This rezone would be allowed by Seward City Code §15.01.035. Amendments. Once the rezone was enacted by the City Council the use as a non-income based senior housing development would be allowed by CUP. B. The value of adjoining property will not be significantly impaired Finding: This condition can be met. The adjoining properties to the north include the remainder of Lot 11A, used as the Forest Acres Park and further out a mix of single family homes and undeveloped vacant land. To the west is the large City owned parcel, zoned Institutional, leased to the US Army for a resort and lodging. Areas to the southwest and south include the City owned parcel previously leased to the US Air Force as a resort and campgrounds and a vacant parcel abutting the Seward Highway, both parcels are zoned Institutional. The parcel to the east is vacant and currently used for campgrounds, also zoned Institutional. There is no indication the proposed senior housing facility will negatively impair the value of any adjoining properties. C. The proposed use is in harmony with the City adopted plans. 1. Comprehensive Plan, (2020—approved by Council August 8,2005) Finding: This condition can be met. While not all areas of the 2020 Comprehensive Plan support Park land be rezoned and used for development, other areas of the plan support the project and housing needs. 2. Strategic Plan, (approved by Council Resolution 99-043) Finding: This condition can be met. The Strategic Plan supports expanding the availability of affordable, diverse, year round housing and encourages the construction of residential housing at all market levels. 3. Municipal Lands Management Plan (adopted by Council Resolution 2014-095) Finding: This condition has been met. The Municipal Lands Management Plan supports the disposal of Lot 11A, Fort Raymond with a sound development plan. SCC 7.05.120 and 7.05.150 allows the Council to dispose of City land by negotiation, public auction or sealed bid and at less than fair market value with findings the public interest will be served. Disposal of this parcel for the development of non-income based senior housing fulfills the intent of a sound �0 development plan. D. Public Services and facilities are adequate to serve the proposed use. Findings: This condition has been met. Access to the parcel will be from the public right-of-way(ROW) of Dimond Boulevard. All public utilities of water, sewer, and electric are available in the adjacent ROW. If any additional utility needs arise during development they will be the sole responsibility of the developer. E. The proposed use will not be harmful to the public safety, health or welfare. Findings: This condition can be met. The applicant is required to obtain a City of Seward Building Permit and meet all commercial building code and life safety requirements. Upon review of the above findings for the disposal of this parcel for the development of non- income based senior housing, the Commission approved P&Z Resolution 2015-011, recommending the disposal of the southern portion of Lot 11 A, Fort Raymond,with conditions. The parcel zone designation is currently Park, and rezoning for the lot newly created through replat would be required. Donating land constitutes a less than fair market value transaction, and requires the Council to find such a transaction to be in the public's interest as a condition of authorizing the transfer. As a condition of transfer of title to the land, the City will require that replatting, rezoning, and proof of financing sufficient to complete the development are completed to the satisfaction of the City. CONSISTENCY CHECKLIST: Yes No N/A Comprehensive Plan (2020, approved by Council August 8, 2005) 1) Recreation We value diverse, year-round, indoor and outdoor recreational opportunities and facilities for residents and visitors of all ages and socioeconomic backgrounds. 2) Recreation 3.6 1. 3.6.1 Improve, expand and diversify year-round parks and X recreational opportunities for residents and visitors. • Sustain current zoning for City park lands. (page 25,Bullet 6) 3.6.1.2 • Ensure that Municipal land acquired for or converted to long- term permanent park or recreational uses shall be officially dedicated as park land. (Bullet 3,Page 25) Comprehensive Plan (2020, approved by Council August 8, 2005): 3.2.1 Promote residential and commercial development within the 2. city of Seward in accordance with community values. (page 19) X 3.3.1.1 Support a range of housing choices that meet the needs of people in various income and age groups. (page 22) Strategic Plan (Approved by Council Resolution 99-043): Pursue the community's vision through rigorous implementation of the Comprehensive and Land Use Plans • Ensure that all legislative and administrative decisions are consistent with the goals of the Strategic and Comprehensive Plans (Page 10&Bullet 3) • Expand availability of affordable, diverse, year-round 3. housing. X o Seward has a wide range of housing alternatives to meet the varied needs of Seward's long term and seasonal residents (Page 18,Bullet 3) • Promote Residential and Commercial Development inside the City. (Page 9,Bullet 2) o Encourage construction of residential and seasonal housing at all market levels(Page 9,Bullet 2-1) Municipal Lands Management Plan: (Adopted by Council Resolution 2014-095) 2300 Dimond Blvd (between Sea Lion & Hemlock Avenues) Lot 11A, 4. Fort Raymond Subd Replat, X Description: Park parcel located on the east side of Dimond Blvd. Recommendation: Continue use as a public park. Sell with a sound development plan. (Page 20) Seward City Code SCC.7.05.120"The city council may acquire or dispose of an interest in real property by negotiation,public auction, or sealed bid." SCC'7.05.150, "(a) The city shall not sell any real property interest without first making an appraisal of the fair market value of that 5. interest, unless the city council finds that the public interest will not be X served by an appraisal. (b) If an appraisal is made, the property interest shall not be disposed of for less than the appraised fair market value, unless the city council finds by resolution that public interest will be served by disposing of the property interest for less than the appraised fair market value." INTENT: Authorize the City Manager to enter into an Agreement with the Kenai Peninsula Borough Housing Initiative (KPHI) donating approximately 1.7 Acres of the southern portion of Lot 11A, Fort Raymond Subdivision, Replat Number 1 for the sole purpose of developing an independent senior housing facility. FISCAL NOTE: Lot 11A of Fort Raymond Subdivision has an assessed value of$1,729,500 for the entire 4.77 acre property, as determined by the Kenai Peninsula Borough. The pro-rated value of the 1.7 acres being donated to KPHI is $616,384. The property is not currently on the tax rolls. Approved by Finance Department: AL, e , ATTORNEY REVIEW: Yes: No: X 09' No attorney review is required for the approval of donating the southern portion, approximately 1.7 acres of Lot 11A, Fort Raymond for the development of a senior housing facility. RECOMMENDATION: Council approve Resolution 2015- OAD Authorizing the City Manager to enter into an agreement with the Kenai Peninsula Housing Facility (KPHI) donating approximately 1.7 acres of the Southern portion of Lot 11A, Fort Raymond Subdivision for the sole purpose of developing an independent senior housing facility upon condition of KPHI being awarded all other necessary funding for the project development and completion.