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HomeMy WebLinkAboutRes2006-030 I I I Sponsored by: Planning and Zoning Commission CITY OF SEWARD, ALASKA RESOLUTION 2006-30 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, RECOMMENDING KENAI PENINSULA BOROUGH APPROVAL OF THE FOURTH OF JULY CREEK SUBDIVISION NUMBER 3, ROBERTS REPLAT WHEREAS, Carol Roberts, the owner of Lot 2, US Survey 3294, does not have frontage on a dedicated public right-of-way; and WHEREAS, the applicant submitted a request to purchase a portion of Lot H, Fourth of July Creek Subdivision Number 2, which is owned by the City of Seward. The portion is approximately 5.372 acres; and WHEREAS, Council approved Resolution 2005-31, supporting the disposal of the City owned land to the applicant, in order to provide access necessary for the development and use of her land; and WHEREAS, this platting action will create a new subdivision by vacating a lot line between the current applicant property of, Lot 2, US Survey 3294 and a portion of the current City owned Tract H, providing the applicant with the newly formed Tract 2A, Fourth of July Subdivision, Number 3, Roberts Rep]at a parcel of approximately16 acres; and WHEREAS, the City will continue to own two lots, Tract HI, containing approximately 9.663 acres and Tract H2, containing approximately 15.636 acres. The new subdivision will have a total acreage of approximately 41.321 acres; and WHEREAS, the subdivision is in the Resource Management Zoning District (RM), which allows for residential and commercial uses and the subdivision meets the minimum lot size and width requirements of the Seward Zoning Code; and WHEREAS, easements for utilities shall be added to the plat; and WHEREAS, the property is accessed by Nash Road but is not served by existing public utilities, and therefore will require an subdivision installation agreement exception, as required by the Seward Subdivision Code 16.01.030 (3); and WHEREAS, the Seward City Code 16.01.015 (B) stipulates that no preliminary plat of City- owned property may be submitted to the Kenai Peninsula Borough Planning Commission for approval without prior consent of the City Council; and CITY OF SEWARD, ALASKA RESOLUTION 2006-30 WHEREAS, in accordance with Seward City Code, the Planning and Zoning Commission held a public hearing on the preliminary plat at their November I, 2005 regular meeting; and WHEREAS, the Seward Planning and Zoning Commission approved Resolution 2005-24, recommending Seward City Council and Kenai Peninsula Borough approval of the Fourth of July Creek Subdivision Number 3, replat subject to certain conditions. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Seward Alaska that: Section 1. The Seward City Council recommends Kenai Peninsula Borough approval of the Fourth of July Creek Subdivision Number 3, Roberts Replat subject to the following conditions: 1. A deed shall be used to transfer the City of Seward's interest in the portion of Tract H which is being transferred to the applicant. 2. A subdivision agreement exception shall be completed and recorded before the final plat is signed and recorded. 3. Utility easements shall be provided for all existing and proposed utilities. The easement for the transmission line shall be a minimum of sixty feet in width, centered on the existing transmission line. 4. A recommendation for the legal description for the subdivision is "Fourth of July Creek Subdivision Number 3, Roberts Replat". Section 2. This resolution shall take effect immediately after adoption and posting. PASSED AND APPROVED by the City Council of the City of Seward, Alaska this 28th day of March 2006. THE CITY OF SEWARD, ALASKA I I I I I I CITY OF SEWARD, ALASKA RESOLUTION 2006-30 AYES: NOES: ABSENT: ABSTAIN: ATTEST: (:~;i AJ~h~ Vanta Shafer, Mayor / Valdatta, Dunham, Lorenz, Schafer, Thomas, Bardarson, Shafer None None None (City Seal) \"HUII'", ..\ ,. r')!_ ~;;~ ~",. Ol"~ \,..If' ,~ r .".. ~~ ...(, , ,~t ," \"~ ,.... .../;.. ...~ ~ .....p..O..~"'... .,.;. ~.~ ~ ,~ "0'(\ It..;, I, '\) ....,. ~ '" /u *~'" ." ~ ... ..~ -0-- Vi. ~ : :~ \ ~~ . : S l,l .', T : M\ : n . S ~~~W. ., '. : \ : :: '; ~ ---- :.- r:. ^_ Q' q ltIt: ,n_e,V).. "VI' -,... ~ ~ ~~...V}.!~ 1 ,\~,." ~L\ ,It- ., "..1 ..~ - I . ".~ .. ~;l~:OF ~\..~.~;<'-' 4t"""lli~,\~\t Council Agenda Statement Meeting Date: March 28, 2006 Through: Clark Corbridge, City Manager From: Donna Glenz, Planning Assistant Agenda Item: Preliminary Plat of Fourth of July Creek Subdivision Number 3, Roberts Replat BACKGROUND & JUSTIFICATION: Johnson Surveying and the applicant, Carol Roberts submitted the attached preliminary plat of Fourth of July Creek Subdivision Number 3, for the City’s review. A full size copy of the plat is available for review in the Community Development Office. The applicant, Carol Roberts is the owner of Lot 2, US Survey 3294, which does not currently have frontage on a dedicated public right-of-way. The applicant submitted a request to purchase a portion of Lot H, Fourth of July Creek Subdivision Number 2, which adjoins her property to the East which is owned by the City of Seward. The requested portion of City owned Lot H fronts on the public right of way of Nash Road and would allow the applicant legal access to and from her current property to the West. The requested portion is approximately 5.372 acres. Council approvedResolution 2005-31, supporting the disposal of the City owned land to the applicant, in order to provide access necessary for the development and use of her land. This platting action will create a new subdivision by vacating a lot line between the current applicant property of, Lot 2, US Survey 3294 and a portion of the current City owned Tract H, providing the applicant with the newly formed Tract 2A, Fourth of July Subdivision, Number 3, Roberts Replat a parcel of approximately16 acres. Tract H is currently a long and rather narrow 28.4 acre parcel located on the east side of Resurrection Bay, positioned between Nash Road on the East and Resurrection Bay on a majority of West. The greater part of the lot has very steep terrain; however a beach access trail exists in the South portion. There is a cliff along most of the Bay side. Tract H is in the Resource Management zoning district, which allows for both residential and commercial uses. Although all subdivisions are required to have subdivision installation agreements, Seward City Code 16.01.030 (3); allows for City administration to consider granting an exception to this new subdivision, due to the remoteness. City administration will continue to work with the applicants on the subdivision agreement exception, as necessary. Since there will be a transfer of ownership for the 5.372 acres which will be acquired by the applicant, a warranty deed will be necessary before the plat can be finalized. Seward City Code requires that the City Council provide consent prior to any preliminary plats of city-owned land being submitted to the Kenai Peninsula Borough. It is the Planning and Zoning Commission’s responsibility to act in an advisory capacity to the Kenai Peninsula Borough regarding subdivision plat proposals. The Planning and Zoning Commission reviewed the preliminary plat at its November 1, 2005 regular meeting and approved Resolution 2005-24 recommending City Council and Kenai Peninsula Borough approval of the Fourth of July Creek Subdivision #3 replat subject to certain conditions. 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. FISCAL NOTE: In accordance with the sales agreement all surveying and platting costs for this subdivision of city owned land is at the applicant’s expense. Finance Approval: ______________________________________________________________________________ RECOMMENDATIONS: Council consent to the submittal to the Kenai Peninsula Borough, the Fourth of July Creek Subdivision Number 3, and recommend approval subject to the conditions identified in the resolution.