HomeMy WebLinkAboutRes2024-002 Creating Mount Alice Estates Sponsored by:Applicant
Public Hearing: January 9, 2024
CITY OF SEWARD,ALASKA
PLANNING AND ZONING COMMISSION
RESOLUTION 2024-002
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF
THE CITY OF SEWARD, ALASKA, RECOMMENDING KENAI
PENINSULA BOROUGH APPROVAL OF THE PRELIMINARY PLAT OF
T 1S R 1W SEC 1,SEWARD MERIDIAN SW E 'A NE 'A&GOVT LOTS 4&
5, EXCLUDING NASH ROAD ROW; LOCATED AT 1303 NASH ROAD;
CREATING MOUNT ALICE ESTATES PLANNED UNIT
DEVELOPMENT,PHASE 1,LOTS 1-11 AND TRACTS A-D
WHEREAS, Ken and Jonathon Lang have submitted a preliminary plat on behalf of
Resurrection Bay Investments LLC for review and recommendation to the Kenai Peninsula
Borough; and
WHEREAS, the parcel being subdivided is located at 1303 Nash Road; and
WHEREAS, the proposed preliminary plat is subdividing the parcel south of Nash Road
into Lots 1-11 and Tracts B-D; and
WHEREAS,the parcel to the north of Nash road will be subdivided into Tract A and the
north remaining 40 acres will maintain the identification designated in the BLM plat, Frac.
Township North 1 South,Range North 1 West of the Seward Meridian,Alaska; and
WHEREAS,all proposed Lots and Tracts will be 40,000 square feet or larger; and
WHEREAS,the parcels are currently zoned Resource Management(RM); and
WHEREAS,the southern portion of Tract B and the western edges of Lots 5-11 and Tract
C are located within a mapped FEMA flood zone(VE); and
WHEREAS,any type of construction within the VE designated flood zone would require
additional permitting; and
WHEREAS, City water, sewer, electric, and roads are required to be installed by the
developer through the stipulations established in a subdivision agreement approved by the city;
and
WHEREAS,the distance to connect to city water and sewer is not feasible,the developer
has applied for a Conditional Use Permit for a Planned Unit Development; and
WHEREAS, a Planned Unit Development allows for the private construction of"streets,
circulation ways, utilities, residences, commercial buildings, open spaces, and other site features
and improvements some of which may not otherwise be individually permitted"; and
CITY OF SEWARD,ALASKA
RESOLUTION 2024-002
WHEREAS,the approval of the CUP granting a Planned Unit Development will allow the
developer to install wells and septic for each property within the subdivision, construct a private,
gated road, and receive initial approval from the Planning and Zoning Commission for the
construction of private,residential docks; and
WHEREAS,all conditions required by Seward City Code §16.01.015, Conditions to plat
approval, were met; the 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, it is the Planning and Zoning Commission's responsibility to act in an
advisory capacity to the Kenai Peninsula Borough regarding subdivision plat proposals within
the City of Seward.
NOW, THEREFORE, BE IT RESOLVED by the Seward Planning and Zoning
Commission,that:
Section 1. The Commission hereby recommends that, in accordance with Seward
City Code Section 16.01.015 (B), the Kenai Peninsula Borough approve the submittal of
the preliminary plat of T 1 S R 1W Sec 1, Seward Meridian SW E %Z NE 1/4 & Govt Lots 4
& 5, Excluding Nash Road ROW; Located at 1303 Nash Road; Creating Mount Alice
Estates Planned Unit Development, Phase 1,Lots 1-11 and Tracts A-D.
Section 2. This resolution shall take effect immediately upon adoption.
PASSED AND APPROVED by the Seward Planning and Zoning Commission this 9th day
of January, 2023.
THE CIT OF SEW
Clare Sullivan, Chair
AYES: Charbonneau, Hornseth, Ulman, Sullivan
NOES: None
ABSENT: Verhey
ABSTAIN: None .••�F`S E aW44%
VACANT: Two �,�� P o--T.% �•,*
� F •
199
ATTEST: z —rA •
e
Kris Peck ENE A. ;:City Clerk *,. �� p,�,Ps•`•
Planning and Zoning Agenda Statement
Meeting Date: January 9, 2024
To: Planning and Zoning Commission
Through: Courtney Bringhurst, Acting Community Development Director
From: Applicant
Agenda Item: Resolution 2024-002: Recommending Kenai
Peninsula Borough Approval of the Preliminary Plat of T IS R 1 W
Sec 1, Seward Meridian SW E 1/z NE 1/4 & Govt Lots 4 & 5,
Excluding Nash Road ROW; Located at 1303 Nash Road; Creating
Mount Alice Estates Planned Unit Development,Phase 1, Lots 1-11
and Tracts A-D
Background and justification:
Attached for the Commission's review and recommendation to the Kenai Peninsula Borough
Planning Commission is a preliminary replat submitted by Ken and Jonathon Lang on behalf of
Resurrection Bay Investments LLC.
This plat will create 11 Lots and three Tracts (B, C, and D) south of Nash Road, and one Tract(A)
north of Nash Road. A private, gated road (Tract E) will be developed south of Nash Road to
provide access to Lots 1-11 and Tracts B, C, and D.
The southern portion of Tract B and the western edges of Lots 5-11 and Tract C, all south of Nash
Road, are located within a mapped FEMA flood zone (VE). A VE designated flood zone is a
coastal area with a 1%or greater chance of flooding and an additional hazard associated with storm
surges. These areas have a 26% chance of flooding over the life of a 30-year mortgage. Base flood
elevations derived from detailed analyses are shown at selected intervals within these zones. There
is sufficient space on all these parcels to place development outside of the flood zone. However,
any development occurring within the flood zone will require additional permitting.
Seward City Code §16.01.015(A) states that "No preliminary or final plat for the subdivision or
resubdivision of land located within the city limits shall be approved by the city unless all of the
required improvements set forth in section 16.05.010 are provided for by the subdivider, owner,
proprietor or developer in the manner described in sections 16.05.015."
The required improvements are streets, telephone and electric lines, water system, sewer system,
and street lighting. These parcels do not have access to city water and sewer. The manner
established in code for providing the required improvements to a subdivided property is through a
subdivision agreement between the city and the developer.
A subdivision agreement has been required for the development of Lots 1-11 and Tracts B-D. Tract
A will not be included in the subdivision agreement as it will be further subdivided at a future date,
at which time a subdivision agreement will be required. Seward City code §14.20.025 allows for
on-site sewage disposal systems to be installed on lots that are more than 200 feet away from a
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city sewer line. However, there is not a similar allowance in §14.10—Water, to allow wells to be
installed on properties that are more than 200 feet away from a city water line. Thus,the developer
is applying for a Conditional Use Permit to implement a Planned Unit Development including Lots
1-11 and Tracts B-D. A Planned Unit Development allows for the private construction of"streets,
circulation ways, utilities, residences, commercial buildings, open spaces, and other site features
and improvements some of which may not otherwise be individually permitted." The
establishment of a Planned Unit Development will provide an avenue for the city to allow the
developer to install wells on Lots 1-11 and Tracts B-D. The specific requirements for installing
wells will be included within the subdivision agreement. Ground water testing will be done after
the initial approval of this preliminary plat and reported back to the city before the city will
authorize their final approval to the Kenai Peninsula Borough. The subdivision agreement will
also need to be created and signed by the city and the developer before final approval of the
preliminary plat is recommended to the Kenai Peninsula Borough.
All conditions required by Seward City Code §16.01.015(C), Conditions to plat approval, were
met. The property owners within 300 feet of the requested replat were notified of the proposed
subdivision, and the property was posted with public notice signage.
In accordance with Borough requirements, the City must review and comment on a plat before
submittal to the Borough for approval.
Subdivision Review:
Zoning: The property is currently zoned Resource Management(RM).
Size: Lots 1-4 will be 63,153— 150,013 square feet(1.44—3.44 acres) and Lots 5-11 will be
40,000—51,300 square feet. Tract A will be 28.5 acres. Tract B will be 4.66 acres. Tract C will
be 11.6 acres. Tract D will be 5.87 acres.
Utilities: The developer is planning on installing wells and on-site sewage disposal systems. The
developer will work with the Electric department to appropriately connect the subdivision to
electric lines.
Existing Use: The parcel is currently vacant.
Access: Tract A has access to Nash Road. A private, gated road(Tract E) will be constructed on
the portion of the plat south of Nash Road, which will provide Lots 1-11 and Tracts B-D access
to Nash Road.
Flood Zone: According to the Kenai Peninsula Borough Floodplain map, a portion of the parcels
along the coastline are in a VE flood zone. Any development within this area would require a
floodplain permit.
Comprehensive and Strategic Plan Consistency Information
This legislation is consistent with (citation listed):
Comprehensive Vol 1, Chapter 3.2.1 —Promote residential and commercial development
Plan: within the city of Seward and its vicinity in accordance with community
values.
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Vol 1, Chapter 3.2.1.2— Expand the opportunity for affordable, diverse,
year-round housing through appropriate land use regulations
Vol 1, Chapter 3.3.1 —Encourage development of new housing in Seward
Vol 1, Chapter 3.3.1.1 — Support a range of housing choices that meet the
needs of people in various income and age groups
Strategic Plan: N/A
Staff Comments
Department Comments No N/A
Comment
Building Department X
Fire Department X
Public Works X
Department
Harbor Department X
Police Department X
Electric Department X
Telecommunications X
Public Comment
Property owners within three hundred (300) feet of the proposed platting action were notified of
this 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 this publication the Community Development Department has received no public
inquiries. If any correspondence is received after publication of this agenda statement, it will be
submitted to the Commissioners for their review.
Recommendation
Commission approve Resolution 2024-002, recommending Kenai Peninsula Borough
Approval of the Preliminary Plat of T 1S R I Sec 1, Seward Meridian SW E 1/z NE 1/4&
Govt Lots 4 & 5, Excluding Nash Road ROW; Located at 1303 Nash Road; Creating
Mount Alice Estates Planned Unit Development, Phase 1, Lots 1-11 and Tracts A-D
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DocuSign Envelope ID:B1442DFA-82EF-4E6A-93E1-8C50396D5977
Community Development/ Planning & Zoning
410 Adams St,Seward,Alaska 99664 •(907)224-4048 • (907)224-4020
or email: planning@cityofseward.net
PRELIMINARY PLAT SUBMITTAL FORM
[E]PRELIMINARY PLAT ❑REVISED PRELIMINARY PLAT(no fee required)
PHASED PRELIMINARY PLAT PRELIMINARY PLAT FOR PRIVATE STREETS/GATED SUBDIVISION
All requirements of Seward Code Title 16 apply and must be met.
SUBDIVISION PLAT NAME:must not include business names,contact staff for assistance if needed.
Mount Alice Estates
PROPERTY INFORMATION:
legal description E 1/2, NE 1/4,AND E 1/2, NE 1/4, and Section Lots 4 &5
Section,Township,Range Section 1 11 N. R1 W
General area description MP 2.2 to MP 3.0 Nash Road
City Seward Total Acreage
SURVEYOR
Company: Lang &Associates, inc. Contact Person: Kenneth Lan
Mailing Address: 11500 Daryl Avenue city,State,zip Anchorage,AK 99515-3049
Phone: 907-522-6476 e-mail: k n I n surve .com
PROPOSED WASTEWATER AND WATER SUPPLY
WASTEWATER on site[:]City WATERQon site RCity
SUBMITTAL REQUIREMENTS
A preliminary plat application will be scheduled for the next available Planning and Zoning meeting after
a complete application has been received.
X❑Electronic file of Plat and
QPreliminary plat NON-REFUNDABLE submittal fee$75.00-
QCertificate to plat for ALL parcels included in the subdivision
QDocumentation showing proof of signatory authority(partnerships,corporations,estates,trusts,
etc.)
❑Public Notice Sign(s)Posted on property-Citystaff will contact you to pick up sign
EXCEPTIONS REQUESTED TO PLATTING CODE:A letter,to be presented to the Planning and Zoning
commission,with substantial evidence justifying the requested exception and fully stating the
grounds for the exception request,and the facts relied upon,MUST be attached to this submittal.
1. 2. 3.
Variance Rezone Conditional Use Permit
APPLICANT: SIGNATURES OF ALL LEGAL PROPERTY OWNERS ARE REQUIRED.Additional signature
sheets can be attached.When signing on behalf of another individual,estate,corporation,LLC,
partnership,etc.,documentation is required to show authority of the individual(s)signing.
Contact KPB staff for clarification if needed.
OWNER(s)
Name(printed):Iris Darling, Manager Signature
M
D
Phone: 907-205-1475 e-mail: insd9rfinF036 fiotmail.com
Name(printed): Signature: M
1 E38F2DF0367482..
Phone: e-mail:
Name(printed): Signature:
�sFzoFa�en
Phone: email:
FOR OFFICE USE ONLY
RECEIVED BY DATE SUBMITTED Receipt #
26
DocuSign Envelope ID:B1442DFA-82EF-4E6A-93E1-8C50396D5977
The preliminary plat shall be drawn to scale of sufficient size to be clearly legible and shall clearly show the
following:
1. Within the title block: Not applicable The required
to my plat. information has
been shown/noted.
a. Name of the subdivision which shall not be the same as an
existing city,town,tract,or subdivision of land in the
borough,of which a plat has been previously recorded,or
so nearly the same as to mislead the public or cause
confusion;
b. Legal description,location,date,and total area in acres of
the proposed subdivision;and
G. Name and address of owner(s),as shown on the KPB
records and the certificate to plat,and registered land
surveyor;
2. North point;
3. The location,width and name of existing or platted streets and
public ways,railroad rights-of-way,and other important features
such as section lines or political subdivisions or municipal X❑
corporation boundaries abutting the subdivision;
4. A vicinity map,drawn to scale showing location of proposed
subdivision, north arrow if different from plat orientation,township
and range,section lines,roads,political boundaries,and prominent
natural and manmade features,such as shorelines or streams;
5. All parcels of land including those intended for private ownership
and those to be dedicated for public use or reserved in the deeds
for the use of all property owners in the proposed subdivision,
together with the purposes,conditions,or limitations of reservations
that could affect the subdivision;
6. The names and widths of public streets and alleys and easements,
existing and proposed,within the subdivision; X❑
7. Status of adjacent lands,including names of subdivisions,lot lines,
block numbers,lot numbers,rights-of-way;or an indication that the
adjacent land is not subdivided;
8. Approximate locations of areas subject to inundation,flooding,or
storm water overflow,the line of ordinary high water,wetlands
when adjacent to lakes or non-tidal streams,and the appropriate X❑
study which identifies a floodplain,if applicable;
9. Approximate locations of areas subject to tidal inundation and the ❑
mean high water line; X
10. Block and lot numbering approximate dimensions and total
numbers of proposed lots;
11. The approximate location of known existing municipal wastewater
and water mains,and other utilities within the subdivision and
immediately abutting thereto
12. Contours at suitable intervals when any roads are to be dedicated
unless the planning director or commission finds evidence that road
grades will not exceed 6 percent on arterial streets,and 10 percent
on other streets;
13. Approximate locations of slopes over 20 percent in grade and if
contours are shown,the areas of the contours that exceed 20
percent grade shall be clearly labeled as such;
14. Apparent encroachments,with a statement indicating how the
encroachments will be resolved prior to final plat approval X❑
Subdivision Name: Mount Alice Estates- Phase I Date
27
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Preliminary Plat, Rezone, and Conditional Use 1303 Nash Rd
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Permit Applications of T 1S R 1W Sec 1, Seward - � � !�1 Drawn By: Selena Soto
Meridian SW E1/2 NE1/4 & Govt Lots 4 & 5, N 0 245 490 980 Feet
Excluding Nash Road ROW
Due to different data sources property lines and aerial imagery do not overlay correctly.
Map is to be used for orientation and reference purposes only.
28
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Anchorage,Alaska 515-304
(907)522-6476anin n t i�n(a�langsurvey.co
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Mount Alice Estates Mount Alice Estates Planned Unit Development, Phase 1
09 November 2023
On behalf of Resurrection Bay Investments LLC we present you with this plan for Mount Alice Estates
Planned Unit Development, Phase I. This plan asks for a subdivision, a rezone of the property, and a
conditional use ep rmit for a planned unit development with a private roadway.
Overview
The contiguously owned
property is 107.2 acres bisected
X
by Nash Road. Mount Alice �•.,_.._.._..-�.- ..=. ._ -• a -•• =� y
Estates, Phase I is a planned unit
development with 11 lots, and 3 a' `
tracts, with a private roadway ' y�
tract south of Nash Road; and a �
single tract, north of Nash Road, ' �
reserved for future development.
There is also another 80 acres
owned by Resurrection Bay
Investments LLC to the north of
this project that is not included
in this phase of the subdivision
and is reserved for a subsequent
phase of development.
30
Surrounding uses
The property is bordered on the east side by the Seward City Limits. The properties to the north, east,
and south are all zoned Resource Management(RM) and are owned by either the State of Alaska or the
City of Seward. Tidelands lay immediately west of Tract C and Lots 5 through 11. The property to the
west of Tracts A& B is zoned Industrial (I).
/ 5eward0tyl-irn its
J ti
zoningOnline
lj�
Rural Residential
Single Family Res.dentiaG
-wo Family Residential
Y
" t Mu It Famly Residential
1,Iban Residential
Dffice Residential
-arbor Commercial
THIS
Aato Commere al
PROJECT
Central Business i7 strict
Industrial
Institutional
Park
J{y. Resource Management
Rezone
Through this action we propose to rezone the property from Resource Management(RM) to Multi-
family Residential District(R3). R3 is "intended to provide opportunities for a higher density
residential setting with a mix of housing units which are predominately multi-family units close to
concentrations of public services, employment and/or recreation. This district may provide a transition
between more intensive districts and lower density residential areas if sufficient screening and design
features are provided to protect multi-family residences from undesirable effects." Seward Code
15.05.025.13.4—Multi-family residential district(R3).
The portion being rezoned is approximately 30.90 Acres (exclusive of the proposed road), and the
property is currently zoned Resource Management, "Lands which are generally undeveloped and
cannot be precisely zoned due to inadequate information..." (15.05.025.13.13).
Page 2 of 5
31
Subdivision
The proposed subdivision is 11 lots, 4 tracts, and 1 private roadway tract.
Tract A is reserved for future
development. Tract B is intended
for a residential condominium.
Tracts C and D could be developed
as condominiums or as apartments
or other larger residential Trod,
A
7.Y�'IAff R/.
structures. Lots 1 through 11 are
-
intended for residential use.
Eagle Run Circle will be an access Trao
tract, owned and maintained by the
G1.163•i.
home owner's association of the
't
proposed Planned Unit
Lat 1 i 4 -Development. Lot 2
LVI ro
All lots south of Nash Road are
l.el 9 1MA43-F.
intended to have water access. 6%3 S.
LOf UA 4
Conditional Use Permit Lot ,
The conditional use permit for a UV.41
Planned Unit Development will
allow a gated private road for
Mount Alice Estates Planned Unit
Development.
Yrad c
The conditional use permit will
allow for a private boat launch and
private docks along the more than
2900 feet of tideland frontage
along Resurrection Bay, to be
coordinated with the Seward
Harbormaster.
Seward Code 15.10.130—Unlisted
Uses states "Unlisted uses may be
allowed within a district upon
Page 3 of 5
32
written decision by the commission provided that each unlisted use meets all the following conditions:
1. The use is not specifically permitted in any other district;
2. The use is not more appropriate in another district; and
3. The use is consistent with the purpose of the district in question, and is similar to other uses
permitted outright."
Private residential docks are not addressed by Seward Code. Docks are allowed in Harbor Commercial
but the industrial intent of that zoning district conflicts with the residential neighborhood proposed. The
use is consistent with the purpose of Residential Multi-family but is not a specific use within the
ordinance.
The developers will be constructing the required improvements but the intention, through the planned
unit development, is for the roadway to be private. The roadway will be built to city specifications as
required by code but will not be dedicated as public right-of-way.
Private Water and Septic Systems
Tile 14 explicitly states "The city shall provide water service within the city limits (14.10.010)". The
property falls within the city limits. The nearest city water main is more than 2000 feet to the south at
the Seward Marine Industrial Complex and it is impractical to extend either the city water or the sewer
system to the site at this time. The intention is for each parcel to have a water well and an on-site septic
system.
The 2030 Comprehensive Plan Update
The development's location on the outskirts of Seward does not negatively impact Seward's unique
historic, small-town character. By meeting the development standards in Title 13, 14, 15, and 16 we are
attaining the 2030 Plan goal of maintaining the health and safety of residents and visitors and
enhancing the town's best features.
The goals of the 2023 Plan noted below are either fulfilled by the proposed development or supported
and encouraged for the proposed development:
2.2 Community Values
2.2.10 Land Development—the project meets the land development goals of the 2030 Plan by
encouraging home ownership opportunities.
2.2.11 Economic Base—the project will provide a short term economic boost to the local economy
during construction and year-round housing for the community workforce. The subdivided parcels and
improvements will add to the local tax base.
2.2.12 Transportation Facilities -the project will use the exiting State of Alaska DOT&PF maintained
Nash Road and the private roadway will be the responsibility of the Planned Unit Development home
owner's association.
Page 4 of 5
33
2.2.12.1 Traffic Management—the project will add an estimated 200 trips per day to Nash Road. The
biggest impact being left turns from Eagle Run Circle on to Nash Road where subdivision residents
may have to wait for southeast bound traffic.
2.12.12.3 Road construction—the private roadway will be maintained by the Mount Alice Estates home
owner's association and will not be a burden to taxpayers.
3.1 Economic Development
3.1.1.2 Update and expand infrastructure—while this section of the 2030 Plan is focused on
commercial and industrial uses, the development of Mount Alice Estates will allow small scale marine
related home businesses (example: a community resident charter boat captain that stores his boat at
home at Mount Alice Estates Planned Unit Development).
3.2 Land Use
3.2.1 Promote residential development
3.2.1.2 Expand the opportunities for affordable, diverse, year-round housing through land
use regulations.
3.3 Housing
3.3.1 Encourage development of new housing in Seward.
3.3.1.1 Support a range of housing choices that meet the needs of people in various income and age
groups.
3.5 Port and Harbor Development
3.5.1 Maintain a thriving port of Seward through harbor improvements, infrastructure expansion, and
implementation management plans. The proposed private docks and boat launch supports this goal.
3.9 Quality of Life
3.9.2.2 Preserve and protect the scenic views of the mountains and Resurrection Bay. The proposed
development does not significantly impact to the slopes of Mt. Alice.
3.9.2.3 Preserve the quiet of residential neighborhoods.
Conclusion
For the reasons illustrated above, we respectfully ask that the requests for the subdivision and
conditional use permit for Mount Alice Estates Planned Unit Development, Phase I be granted as well
as the variance requested for the private street. We also ask that the property be rezoned to Multi-family
Residential District(R3).
Page 5 of 5
34
CITY OF SEWARD, ALASKA
AFFIDAVIT OF MAILING
PUBLIC HEARING NOTICE
upon oath, deposes and states:
That she is employed in the Community Development Office of the City of
Seward, Alaska; and that on ec f 9, ZvZ 3 she mailed a Notice of
Public Hearing to the real property owners within a 300-foot periphery of T 1S
R 1W Sec 1 Seward Meridian SW E1/2 NE1/4 & Govt Lots 4 & 5
Excluding Nash Road ROW; physical address 1303 Nash Road, as
prescribed by Seward City Code 15.01.040/16.01.015.
Affirmed and signed this J day of 2023.
35
AFFIDAVIT OF POSTING
PUBLIC HEARING NOTICE
I, �� herebycertify that I fy have posted a
Notice of Public Hearing, as prescribed by Seward City Code '
15.01.040/16.01.015 on the property located at T IS R iW Sec 1
Seward Meridian SW E1/2 NE1/4 & Govt Lots 4 & S Excluding
Nash Road ROW; physical address 1303 Nash Road, the owners of
which have petitioned for a Public Hearing to Replat Lots 4 & 5; Creating
Mount Alice Estates Planned Unit Develo meat Phase 1 Lots 1-11 and Tracts
A-D.
The notice was posted on � C. 81h � �-�`1 , which is 30
days prior to the public hearing on this petition. I acknowledge this Notice
must be posted in plain sight, maintained and displayed until all public
hearings have been completed.
Affirmed and signed this day of V-e7i4Signatusre
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