HomeMy WebLinkAboutOrd2013-011 Non-Code Sponsored by: Hunt
Introduction Date: August 12, 2013
Public Hearing Date: August 26, 2013
Enactment Date: August 26, 2013
CITY OF SEWARD, ALASKA
NON-CODE ORDINANCE 2013-011
A NON-CODE ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SEWARD, ALASKA, AUTHORIZING A REPLAT OF TRACT C-1,
GATEWAY SUBDIVISION PER PLAT NUMBER 85-9, AS GATEWAY
SUBDIVISION ADDITION NO. 2, EXEMPTING THE TRANSFER OF
TRACT C-6 OF THE REPLAT FROM THE SUBDIVISION
REQUIREMENTS OF TITLE 16 OF THE SEWARD CITY CODE OF
ORDINANCES, AND AUTHORIZING THE LANDOWNER TO
COMPLETE THE REPLAT SUBJECT TO CERTAIN CONDITIONS
WHEREAS, SCC 16.01.015 provides that a plat cannot be approved until all required
subdivision improvements are provided for, or the owner of the land has entered into a binding
subdivision agreement to provide the improvements within three years; and
WHEREAS, the owner of the land has no current intention of developing the land or
selling any parcels within the proposed subdivision other than a possible sale of Tract C-6; and
WHEREAS, the Kenai Peninsula Borough reviewed access to Tract C-6 and has
determined there is sufficient public access from the Hemlock Street Right-of-Way;and
WHEREAS, AS 29.40.180 and AS 40.15.010 prohibit the transfer of, sale of, offer to
sell, or entering into a contract to sell land without a plat; and
WHEREAS, the city is interested in negotiating for a possible purchase of Tract C-6 as a
site for a water storage tank, where the water tank could allow further development in the
surrounding area; and
WHEREAS, the new plat would prohibit further sale of lots or parcels within the
subdivision without a subdivision agreement that complies with SCC Title 16 to provide the
required improvements.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA, HEREBY ORDAINS that:
Section 1. This is a Non-Code Ordinance.
Section 2. The proposed replat of Tract C-1, Gateway Subdivision, per Plat 85-9, to be
known as Gateway Subdivision Addition No. 2, in the Seward Recording District, Third Judicial
CITY OF SEWARD,ALASKA
NON-CODE ORDINANCE 2013-011
Page 2 of 2
District, State of Alaska, and in substantially the form presented at this meeting, may be finalized111
and recorded subject to the following conditions:
A. The final plat shall state: With the exception of the transfer of Tract C-6 to the
City of Seward, no other land subject to this Plat shall be transferred, and no
building permits shall be issued by the City of Seward, until the subdivision
improvement requirements of Title 16 of the Seward City Code have been met.
B. The city's acceptance of the right-of-way dedications as shown on the plat do not
require the city to survey, construct, or maintain such areas, and the city has no
obligations within the subdivision until approved subdivision improvements are
completed.
Section 3. Any required building permits for construction of a water tank and related
structures on Tract C-6 may be issued, without regard to SCC Title 16, provided that all other
ordinance requirements of the Seward City Code are met.
Section 4. The City Council expressly finds that the provisions of this ordinance are
limited to the special circumstances surrounding the proposed use of Tract C-6 and its current
condition, giving rise to the need for an exemption to certain provisions of Title 16 of the Seward
City Code,and does not set a precedent for any future plat or land transfers.
Section 5. This ordinance shall take effect ten days following its enactment.
ENACTED by the City Council of the City of Seward, Alaska, this 26th day of August,
2013.
THE CITY OF SEWARD,ALASKA
David Seawar , ayor
AYES: Valdatta, Bardarson, Keil, Shafer,Terry, Seaward
NOES: None
ABSENT: Casagranda
ABSTAIN: None
ATTEST: ••.••••22•••,,
Brenda J. Ba 1 : • :
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Acting City Clerk kCi� t
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