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HomeMy WebLinkAboutRes2015-057 Sponsored by: Planning& Zoning Commission CITY OF SEWARD,ALASKA RESOLUTION 2015-057 A RESOLUTION OF THE SEWARD CITY COUNCIL RECOMMENDING KENAI PENINSULA BOROUGH APPROVAL OF THE BENNY BENSON PARK REPLAT WHICH ESTABLISHES THE OUTER BOUNDARIES OF THE BENNY BENSON 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 Benny Benson Park; and WHEREAS, Cline and Associates has submitted the preliminary plat to be known as Oceanview Subdivision, Benny Benson Park Replat; and WHEREAS, this platting action will vacate interior lot lines, undeveloped Rights-of- Way, and undeveloped utility easements creating one (1) parcel totaling approximately 11.130 acres; and WHEREAS, this platting action will dedicate additional Right-of-Way for Chamberlain Road and Dairy Hill Lane, helping to provide additional Right of Way to meet minimum needs where possible; and WHEREAS, Cline and Associates has worked diligently with City staff to protect and provide easements for existing and planned utilities throughout the Benny Benson Park Replat; and WHEREAS, City staff have reviewed, commented and support the proposed replat; and WHEREAS, the majority of the area included within this replat is currently zoned Park (P); one (1) lot approximately .25 of an acre is zoned Single Family Residential (R1); 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, it is the Planning and Zoning Commission's responsibility to act in an advisory capacity to the Seward City Council and the Kenai Peninsula Borough regarding subdivision plat proposals; and CITY OF SEWARD,ALASKA RESOLUTION 2015-057 WHEREAS, as required by Seward City Code §16.01.015, Conditions to plat approval, property owners within 300 feet of the requested replat were notified of the proposed subdivision, and the property was posted with public notice signage; and WHEREAS, the Seward Planning and Zoning Commission held a public hearing and approved Resolution 2015-13, recommending the Seward City Council and the Kenai Peninsula Borough approval of the Benny Benson Park replat. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD,ALASKA,that: Section 1. The Seward City Council approves the vacation of all undeveloped interior Rights-of-Way and utility easements as proposed by the Benny Benson Park Replat. Section 2. The Seward City Council further approves the dedication of Rights-of-way for Chamberlain Road and Dairy Hill Lane and all utility easements as proposed by the Benny Benson Park Replat. Section 3. The Seward City Council further approves the submittal of the Benny Benson Park Replat to the Kenai Peninsula Borough for final approval. Section 4. The Seward City Council further recommends the Kenai Peninsula Borough Planning Commission approve the Benny Benson Park Replat. Section 5. This resolution shall take effect 30 days after passage and posting as required by Seward City Code § 7.05.145. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 22N day of June, 2015. THE CITY OF SEWARD,ALASKA �.J ean Bardarson, Mayor CITY OF SEWARD, ALASKA RESOLUTION 2015-057 AYES: Casagranda, Keil, Terry, Squires, Butts, Darling, Bardarson NOES: None ABSENT: None ABSTAIN: None ATTEST: . • L 0.6 i Jo anna Kinney, C \C.. Clerk (City Seal) oesncaic,„ �.•• OF SEP,r'•. • C' ` 0 . SLAT : • • • :.sJ� .ry1/z 1, o*.‘,;: City Council Agenda Stateme � Meeting Date: June 22, 2015 "/0 \ I Through Jim Hunt, City Manager , 4' IOW Ron Long, Assistant City Manager • ■ i 4460 From: Donna Glenz, Planner A Agenda Item: Resolution 2015-057, recommending City Council and Kenai Peninsula Borough approval of the Benny Benson Park Replat BACKGROUND & JUSTIFICATION: Attached for the Council's approval and recommendation to the Kenai Peninsula Borough Planning Commission is the Benny Benson Park Replat 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 Benny Benson Park. This replat contains an area totaling approximately 11.130 acres and is located between the Seward Highway on the east, Dairy Hill Lane on the north, Chamberlain Road and Second Avenue on the west. The lagoon, located west of the Seward Highway was acquired as state tidelands, covers approximately 9 acres of the park. Portions along the west shore were either purchased or donated; the Benny Benson monument, City Welcome Sign, duck area, and Dairy Hill Lane are on a portion of USS 249 acquired from the Leirer family. The drive surface of Dairy Hill Lane has never been dedicated as a public right of way. The Dale Clemens Memorial Boardwalk along the highway was built by the Chamber of Commerce. It is under state permit within the highway right of way and now owned and maintained by the city. The boardwalk and gazebo at the south end of the lagoon were donated by the Rotary Club. Block 13A, located on the west side of the lagoon, was acquired for drainage in the 2014 Dairy Hill Drainage Project. The lagoon is tidally connected to Resurrection Bay and is a critical habitat for salmon passage, spawning, and rearing for Pink, Chum, Coho, and Sockeye salmon. Several anadromous streams feed into the Lagoon including Scheffler Creek and an unnamed artesian spring from the north, an unnamed creek from the east, and an unnamed creek from First Lake from the west. The presence of salmon in all stages and other ocean species make this a rich and productive habitat in the heart of Seward that attracts wildlife including birds, river otters, and bears. This platting action will vacate all interior lot lines, undeveloped rights-of-way and undeveloped utility easements. The replat also dedicates rights-of-way along the east side of Chamberlain Road and along the south side of Dairy Hill Lane. The right-of-way dedications shall provide legal 60 foot wide right-of-way to the existing public use connecting of Dairy Hill Lane to Chamberlain Road and provide additional right-of-way to the existing 30 foot right-of-way of Seward City Council Agenda Statement—Resolution 2015-057 Page 2 of 3 Chamberlain Road, where possible. The Community Development staff Parks and Recreation staff and all department heads have worked with the surveyor to develop the platting action before you. The development of this replat has been a goal of the public and City staff for many,many years. SUBDIVISION REVIEW: This replat contains two (2) zoning districts. The area known as Benny Benson Park, including the lagoon, is predominantly zoned Park (P). There is one small parcel, approximately .25 of an acre, located on the southwest side of the lagoon which is zoned Single Family (R1). The City recently purchased this parcel for drainage as part of the Dairy Hill Drainage Project. 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 "cleanup"this small area of Single Family within the park by rezoning it to Park. Utilities: The areas included in this replat are served by all necessary utilities therefore a subdivision agreement is not required. The proposed platting action provides utility easements for all existing and planned utilities. Existing Uses: The northeast area of the park contains the Benny Benson Memorial and the day use park area. The southwest area contains a gazebo and picnic area. An area along the western side of the lagoon contains the area recently purchased for the Dairy Hill Drainage Project. The eastern edge of the lagoon, along the Seward Highway, contains the main double circuit electric lines (main electric lines for downtown Seward) and the pedestrian boardwalk and viewing stands. Flood Zone: The area is located within a Special Flood Hazard Area. INTENT: Establish the outer boundary of the area commonly known as Benny Benson Park. 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 1. socioeconomic backgrounds. X 2) Recreation 3.6 3.6.1 Improve, expand and diversify year-round parks and recreational opportunities for residents and visitors. • Sustain current zoning for City park lands. (page 25, Bullet 6) Seward City Council Agenda Statement—Resolution 2015-057 Page 3 of 3 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) Strategic Plan (Approved by Council Resolution 99-043): 2. The Strategic Plan supports Recreation and Leisure (page 12) and the X Natural Environment(page 15)by preserving views and open spaces. Municipal Lands Management Plan: (Adopted by Council Resolution 2014-095) 3. Retain land ownership. Replat area as a Park and dedicate Dairy Hill X Lane as a public right of way. Dedicate as conservation overlay district to remain undeveloped for flood relief. (page 23) FISCAL NOTE: Costs for surveying were paid in 2014. Filing fees to the Kenai Peninsula Borough for the replat are not to exceed $500.00 and will be paid from the 2015 budget. Approved by Finance Department: Oe2 ATTORNEY REVIEW: Yes: No: X 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. Community Development had received several verbal inquiries, all had questions regarding the exact location of the Rights-of-Way, all questions were answered and all voiced strong support for the park replat once their questions were answered. The Planning and Zoning Commission held a Public Hearing June 2, 2015 and unanimously approved Resolution 2015-13 recommending the City Council approve the submittal of the Benny Benson Park Replat to the Kenai Peninsula Borough. RECOMMENDATION: Approve City Council Resolution 2015-057, recommending Kenai Peninsula Borough approval of the Benny Benson Park preliminary replat.