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Home My WebLink AboutPZ Res2025-001 Spring Creek Park ReplatSponsored by: Applicant Public Hearing: January 7, 2025 CITY OF SEWARD, ALASKA PLANNING AND ZONING COMMISSION RESOLUTION 2025-001 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF SEWARD, ALASKA, RECOMMENDING SEWARD CITY COUNCIL AND KENAI PENINSULA BOROUGH APPROVAL OF THE PRELIMINARY PLAT OF FOURTH OF JULY CREEK SUBDIVISION, SEWARD MARINE INDUSTRIAL CENTER (SMIC), THAT POINT OF BLOCK 10, EXCLUDING LOTS 1 & 2; LOCATED AT 3207 SORREL ROAD; CREATING TRACT A & B, BLOCK 10, FOURTH OF JULY CREEK SUBDIVISION, SMIC, SPRING CREEK REPLAT WHEREAS, AK Lands, Land Surveying LLC has submitted a preliminary plat on behalf of the City of Seward for review and recommendation to the Seward City Council and Kenai Peninsula Borough; and WHEREAS, the parcel being subdivided is located at 3207 Sorrel Road; and WHEREAS, the current parcel is one tract of land comprising the tidelands and harbor to the west of SMIC, the Spring Creek campground / beach area, and the Fourth of July beach; and WHEREAS, the proposed plat will divide the tract into two parcels, Tract A, which will encompass the Spring Creek campground, beach, and adjacent tidelands, and Tract B, which will comprise the remainder of land south of the Spring Creek campground down to the Fourth of July beach; and WHEREAS, during the 2023 update of the Municipal Lands Inventory and Management Plan, the Seward Planning and Zoning Commission recommended that the Spring Creek campground and beach area be platted as a single parcel; and WHEREAS, the tract of land being subdivided is currently zoned Industrial (I); and WHEREAS, the size of Tract A & B meet the required minimum lot size and lot width for the Industrial zoning district; and WHEREAS, according to the Kenai Peninsula Borough Floodplain map, Tract A and B have portions of land located within the Seward Mapped Flood Data Area (SMFD) and FEMA flood zones D, AE, and VE; and WHEREAS, any construction within these flood zones would require additional permitting; and WHEREAS, both Tracts of land have access to city water, sewer, and electricity on the east side of the property; and CITY OF SEWARD, ALASKA RESOLUTION 2025-001 WHEREAS, a subdivision agreement will not be required with this plat; 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, any preliminary plat of city -owned property must be approved by the Seward City Council; 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 within the City of Seward. NOW, THEREFORE, BE IT RESOLVED by the Seward Planning and Zoning Commission, that: Section 1. The Commission hereby recommends removing the 50-foot public access easement, leaving it only as a utility easement. Section 2. The Commission hereby recommends adding a 10-20-foot pedestrian public access easement for the public to access the beach. The location of the easement may be determined by administration and the surveyor. Section 3. The Commission hereby recommends renaming the plat to Tract A & B, Block 10, Fourth of July Creek Subdivision, SMIC, Spring Creek Park Replat. Section 4. The Commission hereby recommends that in accordance with Seward City Code Section 16.01.015 (B), the Seward City Council and Kenai Peninsula Borough approve the submittal of the preliminary plat of Fourth of July Creek Subdivision, Seward Marine Industrial Center (SMIC), That Point of Block 10, Excluding Lots 1 & 2; Located at 3207 Sorrel Road; Creating Tract A & B, Block 10, Fourth of July Creek Subdivision, SMIC, Spring Creek Replat Section 5. This resolution shall take effect immediately upon adoption. PASSED AND APPROVED by the Seward Planning and Zoning Commission this 7th day of January, 2025. THE CITY OF SEWARD, ALASKA COA.fre 22(46tuity4Carol GriswolChair 1 di i 1 1 1 CITY OF SEWARD, ALASKA RESOLUTION 2025-001 AYES: Sullivan, Ulman, Charbonneau, Homseth, Hubbard, Griswold NOES: None ABSENT: Verhey ABSTAIN: None ATTEST: Kris Peck City Clerk (City Seal) Planning and Zoning Agenda Statement Meeting Date: January 7, 2025 To: Planning and Zoning Commission Through: Daniel Meuninck, Community Development Director From: Applicant Agenda Item: Resolution 2025-001, of the Planning and Zoning Commission of the City of Seward, Alaska, Recommending Seward City Council and Kenai Peninsula Borough Approval of the Preliminary Plat of Fourth of July Creek Subdivision, Seward Marine Industrial Center (SMIC), That Point of Block 10, Excluding Lots 1 & 2; Located at 3207 Sorrel Road; Creating Tract A & B, Block 10, Fourth of July Creek Subdivision, SMIC, Spring Creek Replat Background and justification: Attached for the Commission's review and recommendation to the Seward City Council and Kenai Peninsula Borough Planning Commission is a preliminary plat submitted by AK Lands, Land Surveying LLC on behalf of the City of Seward. The tract of land being subdivided is the far western portion of the SMIC area, primarily comprising tidelands, the SMIC harbor, and access to Spring Creek and Fourth of July beach. The proposed plat will divide the current tract of land legally known as, That Point of Block 10, Excluding Lots 1 & 2, Fourth of July Creek Subdivision, SMIC into two tracts of land to be known as, Tract A & B, Block 10, Fourth of July Creek Subdivision, SMIC, Spring Creek Replat. During the 2023 update of the Municipal Lands Inventory and Management Plan, the Commission recommended that the Spring Creek Campground and beach access area be platted into one parcel so it could be rezoned to Park. This preliminary plat is the first step in fulfilling that recommendation. 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." Spring Creek Campground is operated as a dry campground, and there are no plans to further develop the property at this time. However, the parcel has access to city water, sewer, and electrical lines adjacent to the property. The parcel also has access to Nash Road. Thus, a subdivision agreement will not be required with this plat. The east side of the parcel is located within a FEMA mapped flood zone `D', which means that there are possible but undetermined flood hazards, however, an official flood hazard analysis has not been conducted yet for the area. The northeast side of the property is located within an AE flood zone. This designation indicates land that is close to a body of water and is a high -risk flood area with a 1 % annual chance of flooding and a 26% chance of flooding over the course of a 30- 8 year mortgage. The west side of the property, the portion primarily located within the tidelands, is a VE flood zone. This flood zone indicates a coastal area with a high risk of flooding from storm surges and wave action. Any development occurring within these flood zones will require additional permitting and regulations. 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 preliminary plat were notified of the proposed subdivision, and the property was posted with public notice signage. In accordance with City and Borough requirements, the Seward City Council and Planning and Zoning Commission must review and comment on a preliminary plat of city -owned land before submittal to the Borough for approval. Subdivision Review: Zoning: The property is currently zoned Industrial (I). Size: Tract A will be 22.469 acres. Tract B will be 70.524 acres. Utilities: Both Tracts of land have access to city water, sewer, and electricity on the east side of the property. Existinr Use: Tract A is currently being used as a dry campground and parking area to access the Spring Creek beach. Tract B is used as a boat harbor, storage, and beach access to Fourth of July beach. Access: Tract A has access to Nash Road. Tract B has access to private roads such as Mustang Ave and Sorrel Road. Flood Zone: According to the Kenai Peninsula Borough Floodplain map, Tract A and B have portions of land located within the Seward Mapped Flood Data Area (SMFD) and FEMA flood zones D, AE, and VE. Any development within these areas would require a floodplain permit. Comprehensive and Strategic Plan Consistency Information This legislation is consistent with (citation listed): Comprehensive Vol 1, Chapter 3.6.1 — Improve, expand and diversify year-round parks Plan: and recreational opportunities for residents and visitors. Vol 1, Chapter 3.6.1.1 • Identify, protect, and preserve scenic and natural areas for recreational enjoyment. • Continue to protect and preserve all city parks. Vol 1, Chapter 3.6.1.2 • Ensure that Municipal land acquired for or converted to long-term or permanent park or recreational uses are officially dedicated as park land Strategic Plan: N/A 9 Staff Comments Department Comments No Comment N/A Building Department X Fire Department X Public Works Department Remove public access on the utility access easement. Concerns about the tidelands being rezoned to Park in the future. Harbor Department X Police Department X Electric Department X Telecommunications X 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. The Commission is required to provide a recommendation to the Kenai Peninsula Borough to approve this preliminary plat if they feel it has met the requirements in Seward City Code Title 15 & 16. 10 Key Industrial Plat Boundary Proposed subdivision boundary Context Map Preliminary Plat Application Property Map RES 2025-001 - Subdividing Fourth of July Creek Subdivision, Seward Marine Industrial Center, That Point of Block 10, Excluding Lots 1 & 2; Creating Tract A & B, Block 10, Fourth of July Creek Subdivision, Seward Marine Industrial Center, Spring Creek Replat Location: 3207 Sorrel Road Parcel #: 14534040 14 Preliminary Plat Application Floodplain Map RES 2025-001 - Subdividing Fourth of July Creek Subdivision, Seward Marine Industrial Center, That Point of Block 10, Excluding Lots 1 & 2; Creating Tract A & B, Block 10, Fourth of July Creek Subdivision, Seward Marine Industrial Center, Spring Creek Replat Location: 3207 Sorrel Road Parcel #: 14534040 15 TRACT B ALASKA T/DELANOS \ SURVEY 1571 d• (PL4T NO. 99-7J \ tih 6�° )96 op N s" CERTIFICATE OF OWNERSHIP AND DEDICATION I HEREBY CERTIFY THAT THE CITY OF SEWARD IS THE OWNER OF THE REAL PROPERTY SHOWN AND DESCRIBED HEREON AND THAT I ON BEHALF OF THE CITY OF SEWARD HEREBY ADOPT THIS PLAN OF SUBDIVISION AND BY MY FREE CONSENT DEDICATE ALL RIGHTS -OF -WAY AND PUBLIC AREAS TO PUBLIC USE AND GRANT ALL EASEMENTS TO THE USE SHOWN. OWNER CITY OF SEWARD 410 ADAMS STREET CITY HALL BUILDING SEWARD, AK 99664 AUTHORIZED OFFICIAL SIGNATURE DATE TITLE PRINTED NAME NOTARY'S ACKNOWLEDGMENT FOR: ACKNOWLEDGED BEFORE ME THIS DAY OF 2024. NOTARY PUBLIC FOR ALASKA MY COMMISSION EXPIRES: CERTIFICATE OF ACCEPTANCE THE UNDERSIGNED OFFICIAL IDENTIFIED BY NAME AND TITLE IS AUTHORIZED TO ACCEPT AND HEREBY ACCEPTS ON BEHALF OF FOR PUBLIC USES AND FOR PUBLIC PURPOSES THE REAL PROPERTY TO BE DEDICATED BY THIS PLAT INCLUDING EASEMENTS, RIGHTS -OF -WAY, ALLEYS, AND OTHER PUBLIC AREAS SHOWN ON THIS PLAT IDENTIFIED AS FOLLOWS: THE ACCEPTANCE OF LANDS FOR PUBLIC USE OR PUBLIC PURPOSE DOES NOT OBLIGATE THE PUBLIC OR ANY GOVERNING BODY TO CONSTRUCT, OPERATE, OR MAINTAIN IMPROVEMENTS. AUTHORIZED OFFICAL SIGNATURE DATE TITLE PRINTED NAME PLAT APPROVAL THIS PLAT WAS APPROVED BY THE KENAI PENINSULA BOROUGH PLANNING COMMISSION AT THE MEETING OF KENAI PENINSULA BOROUGH CURVE RADIUS DELTA ANGLE ARC LENGTH CHORD LENGTH CHORD BEARING C1 (258.49') (068°54'20") (310.87') (292.47') (N34°18'12"W) TRACT B ✓OHNSON - Sly/FT 5UBO/vS/0N USS 1651 (PLOT NO 7J-9) (S79°34'13HE 201.96') PROPOSED TRACT A BLOCK 10 978,768 SQ.FT 22.469 ACRES N SURVEYOR'S CERTIFICATE I, STACY M WESSEL, PROFESSIONAL LAND SURVEYOR, HEREBY CERTIFY THAT I AM PROPERLY REGISTERED AND LICENSED TO PRACTICE LAND SURVEYING IN THE STATE OF ALASKA, THAT THIS PLAT REPRESENTS A SURVEY MADE BY ME OR UNDER MY DIRECT SUPERVISION, THAT THE MONUMENTS SHOWN HEREON ACTUALLY EXIST AS DESCRIBED, AND THAT ALL DIMENSIONS AND OTHER DETAILS ARE CORRECT. ° is Q ZONEAE \ (EAST 171.53') N N (50' PUBLIC ACCESS AND UTILITY ESMT.) N ZONEAE LINE BEARING AND DISTANCE L1 (N21°17'27"E 24.00') L2 (S64°30'00"W 45.28') L3 (S25°30'00"E 95.64') L4 (N26°45'00"W 60.00') N89°25'07"E 2083.53' ZONE VE PROPOSED TRACT B BLOCK 10 3,072,007 SQ.FT 70.524 ACRES sr0o c)00 700 frffrc..149.. _� 1 TN /\ _��I to Wess I -`N .1 �F9F •o�� h �R. '0FES S 1• 411P� ZONE VE BLOCK 10 PLAT NO. 97-27 4,050,775 SQ. FT 92.993 ACRES (N89°25'07"E 793.19') (60' SPRING CREEK DRAINAGE ESMT.) LOT 1 BLOCK 10 PLOT N0. 97-27 100' w 00 0 NASH ROAD cri \ o 0 /- -� w rn \ i V V 0. (' 10' PIPELINE ESMT. BK113 PG863 L ZONE VE Ns w LC) II (589°25'47"W 277.51') W (589°55'09"E 75.77') o iD l0 o ri o Q1 0 (S69°07'56"E 2.48') LEGEND () RECORD PER PLAT NO. 97-27 [1 RECORD PER PLAT NO. 2002-22 RECORD PER PLAT FOURTH OF [) JULYSMICJAG REPLAT SIGN 1/ SATELLITE SWITCH CABINET POWER POLE E ELECTRICAL MANHOLE ELECTRIC METER LIGHT POLE TRANSFORMER UTILITY PEDESTAL IETI m rn }O '.O LOT FEMA FLOOD HAZARD AREA EASEMENT FENCE E ELECTRICAL LINES (GIS) T TELECOMMUNICATION LINES (GIS) TRACT B 1OHNSON - Sly/ET SUBOMS/ON USS 1651 ("LO/ N0. 73-96j S SEWER LINES (GIS) SD STORM DRAIN LINES (GIS) W WATER LINES (GIS) w LOT 2 BLOCK 1 (PLOT N0. 97-27j S to S 100' I I 100' (S00°34'28"E 60.00') LOT 1A-1 Iu LOT/42 BLOCK (PLOT N0. 2022-19 L LOT 24-1 BLOCK .9 (PLOT N0. 2022-19 LOT 24-2 BLOCK 9 (PLAT NO. 2022-1) i s (S89°51'04"E 130.12') 100'= l 7 LOT2 BLOCK (PLAT NO. 97-27j 01 0 0 0 o- SD N CO 0 00 w (20' STORM WATER OUTFALL ESMT. APPROXIMATE) / LOT / LOT2 BLOCK (PLOT N0. 2015-11j LOT 14 BLOCK 1 (PLOT NO 2000-6j LOT 2 c E 0' 150' 300' UNSUBOM/OEO RE/W4/NOER JELLISON AVENUE VV )i BLOCK 3 (PLOT N0. 97-27) TRACT A4 (MUSTANG AVENUE) PRIVATE SERVICE ROAD, SW2022-2 T LOT 3 LOT 3A BLOCK 1 (PL4TN0. 2017-13j E S LOT1 t0 SD LOT18 BLOCK 7 (PL4T N0. 2011-17) LOT BLOCK 7 (PL4T N0. 2002 229 SD LOT /, BLOCK (PLOT N0. 97-27) LOT 2, BLOCK (PLAT N0. 97-27) <;\ 0' - 00„ c1O •00/ m LOT 4C BLOCK 7 (PL4T N0. 2011-17) ° TRACT A4 (MORRIS AVENUE) PRIVATE SERVICE ROAD, SW2022-2 -LE= LOT1A2 BLOCK 7 (PLOT N0. 2021XX) LOT1A BLOCK (PL4T N0. 20702 22j < > (9 4\ „o/ .VO LOT 5 LOT 1 BLOCK ('PLOTN0. 20/7- kV LOT 40-1 BLOCK 7 (PLOT N0. 2021XX) LOT BLOCK 8 1 (PLOT N0. 2002 22j ,,I36 40 • PRIES / 1 NARY (S89°24'52"W 1340.52') ZONE VE elf ZONEAE 0 t0 LOT 14-1 BLOCK 7 (PLAT NO. 2021XX) SORREL ROAD UNSUBO/V/0E0 LOT 44-3 BLOCK 7 (PLOT N0. 2021 2) 60' 60' S 0 t0 LOT / BLOCK 2 (PLAT N0. 2022-2) LOT 1 BLOCK 5 (PLOT N0. 2022-2) 60' - - 0 0 cc w U 5 w 01 w 60' 0 to 0 t0 LOT 5 BLOCK 6 (PLAT N0. 20214 LOT BLOCK 6 (PLOT N0. 2021-82 LOT 2 BLOCK 6 (PLOT N0. 2001-2) 1 LOT 3 BLOCK 6 (PLAT N0. 2001 22 N A V 12 THIS PLAT 24 w r-I cc 7 8 BETTY CATO AVE. Z 0 18 SPRING CRE FOURTH OF JULY CREEK MUSTA AVE. NG REL RD 19 DELPHIN RD 17 SEWARD CITY LIMITS 20 T1S VICINITY MAP SCALE: 1" = 1/2 MILE NOTES: 1. THIS IS A PROPOSED PLATTING ACTION. NO BOUNDARY SURVEY HAS BEEN PERFORMED. 2. NOT ALL SITE FEATURES ARE SHOWN WITHIN THE PROPOSED SUBDIVISION. UTILITY LINES ARE BASED ON SMIC UTILITIES CAD DRAWING AND ARE APPROXIMATE. 3. LOT 1, BLOCK 10 LOCATION IS APPROXIMATE DUE TO LACK OF DIMENSION TIES PER THE RECORD PLAT. 4. TRACT A4 IS A SERVICE ROAD ACCESS AND UTILITY EASEMENT. ACCESS RESTRICTED TO LESSEES, CITY OF SEWARD, AND OTHER AUTHORIZED PERSONNEL. 5. THIS PROPERTY IS SUBJECT TO RESERVATIONS AND EXCEPTIONS AS CONTAINED IN U.S. PATENT 50-81-0141 RECORDED JULY 15, 1981 AT BOOK 23 AND PAGE 765 AND AMENDMENTS THERETO AS SHOWN IN "NOTICE", RECORDED MAY 26, 1993, BOOK 68 PAGE 155. 6. THIS PROPERTY IS SUBJECT TO RESERVATIONS AND EXCEPTIONS AS CONTAINED IN STATE OF ALASKA PATENT 5914 RECORDED AUGUST 7, 1981 AT BOOK 23 PAGE 956 AND RESERVATIONS AND EXCEPTIONS AS CONTAINED IN STATE OF ALASKA PATENT 362 RECORDED ON MAY 19, 1994, BOOK 72 PAGE 572. 7. PUBLIC ACCESS EASEMENTS VACATED BY PLAT NO. 97-27, APPROVED BY THE DEPARTMENT OF NATURAL RESOURCES JANUARY 20, 1994 AND THE KEANI PENINSULA BOROUGH PLANNING COMMISSION JULE 9, 1997 A. PUBLIC ACCESS EASMENT DESCIBED WITHIN STATE OF ALASKA PATENT OF ASLS 76-69 AS 50 FOOT ALONG THE ORDINARY HIGH WTER OF FOURTH OF JLY CREEK AND OTHER UNNAMED CREKKSDS AS PORTRAYED ON THE BLM SURVEY PLAT OF T1S R1E SM., ACCEPTED 12/28/78 B. 25 FOOT PEDESTIAN ASEMENT ALONG THE MEAN HIGH TIDE LINE OF RESURRECTION BAY DESCRIBED ON SURVEY PLAT OF ASLS 76-69. C. PUBLIC ACCESS EASEMENT DESCRIBED WITHIN THE STATE OF ALASKA PATENT NO. 5914 FOR U.S. SURVEY 4827 AS 50 FOOT ALONG THE MEAN HIGH WATER MARK OF RESURRECTION BAY, THE ORDINARY HIGH WATER MARK OF FOURTH OF JULY CREEK AND UNNAMED STREAMS AS PORTRAYED ON THE OFFICIAL SURVEY PLAT OF U.S. SURVEY NO. 4827 8. EASEMENTS ON PLAT 97-27 AND PLAT 2007-2 WERE NOT FULLY DIMENSIONED, LOCATION SHOWN HEREON ARE APPROXIMATE. 9. NO PERMANENT STRUCTURE SHALL BE CONSTRUCTED OR PLACED WITHIN A UTILITY EASEMENT WHICH WOULD INTERFERE WITH THE ABILITY OF A UTILITY TO USE THE EASEMENT. 10. WASTEWATER DISPOSAL: PLANS FOR WASTEWATER DISPOSAL, THAT MEET REGULATORY REQUIREMENTS ARE ON FILE AT THE ALASKA DEPARTMENT OF ENVIRONMENTAL CONSERVATION. 11. LOTS WITHIN THIS SUBDIVISION MAY BE LOCATED WITHIN A DESIGNATED FLOOD HAZARD AREA; IF SUCH IS THE CASE, DEVELOPMENT MUST COMPLY WITH TITLE 15 OF THE CITY OF SEWARD'S CHARTER AND CODE OF LAWS. A SURVEY TO DETERMINE THE ELEVATION OF THE PROPERTY MAY BE REQUIRED PRIOR TO CONSTRUCTION. 12. A PORTION OF THIS PROPERTY IS IN FLOOD ZONE VE AND ZONE AE, THAT IS DEFINED AS, SPECIAL FLOOD HAZARD AREA SUBJECT TO INUNDATION BY THE 1% ANNUAL CHANCE FLOOD, IN THE FLOOD INSURANCE RATE MAP, IDENTIFIED AS COMMUNITY PANEL NO 02122C5030E, WHICH BEARS AN EFFECTIVE DATE OF OCTOBER 20, 2016. EXACT DESIGNATION CAN ONLY BE DETERMINED BY AN ELEVATION CERTIFICATE. WATER LINE AND FLOOD ZONE DELINEATION ARE GIS DATA PROVIDED BY THE NATIONAL FLOOD HAZARD LAYER. Plat of: FOURTH OF JULY CREEK SUBDIVISION SEWARD MARINE INDUSTRIAL CENTER SPRING CREEK REPLAT CREATING TRACT A AND TRACT B, BLOCK 10 CONTAINING 92.993 ACRES MORE OR LESS A SUBDIVISION OF: BLOCK 10, FOURTH OF JULY CREEK SUBDIVISION SEWARD MARINE INDUSTRIAL CENTER FILED UNDER PLAT NO. 97-27 CITY OF SEWARD SEWARD RECORDING DISTRICT KENAI PENINSULA BOROUGH LOCATED WITHIN: SECTION 18, T1S, R1E, S.M., AK. OWNER CITY OF SEWARD P.O. BOX 167 SEWARD, ALASKA 99664 AK LANDS - Land Surveying - AK Lands, Land Surveying LLC 13521 Venus Way Anchorage, AK 99515 aklands@aklands.com http://aklands.com (907) 744-LAND Date: 11/13/2024 Drawn: SMW Scale: 1 "= 150' Date of Survey: N/A Sheet: AUTHORIZED OFFICAL SIGNATURE Checked: N/A PN: 1436 Field Book: N/A KPB No. 16 Community Development/ Planning & Zoning 410 Adams Street, Seward, Alaska 99664 •(907) 224-4049 • (907) 224-4020 or email: planning@cityofseward.net PRELIMINARY PLAT SUBMITTAL FORM EPRELIMINARY PLAT ❑ REVISED PRELIMINARY PLAT (no fee required) PHASED PRELIMINARY PLATO 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. Fourth of July Creek Sub., Seward Marine Industrial Center, Spring Replat PROPERTY INFORMATION: legal description Block 10, Fourth of July Creek Sub., SMIC,Plat No. 97-27 Section, Township, Range Section 18, T1S, R1E, S.M., AK. General area description Seward Marine Industrial Center City Seward Total Acreage 92.993 SURVEYOR Company: AK Lands Land Surveying Contact Person: Stacy Wessel Mailing Address: PO Box 110485 City, State, Zip Anchorage, AK 99511 Phone: (907) 744-LAND e-mail: stacy@aklands.com PROPOSED WASTEWATER AND WATER SUPPLY WASTEWATER ✓❑ on site City WATERnon site City SUBMITTAL REQUIREMENTS A preliminary plat application will be scheduled for the next available Planning and Zoning meeting after a complete application has been received. ❑,/ Electronic file of Plat and ▪ Preliminary plat NON-REFUNDABLE submittal fee $200.00- �✓ Certificate to plat for ALL parcels included in the subdivision Documentation showing proof of signatory authority (partnerships, corporations, estates, trusts, etc.) ❑ Public Notice Sign(s) Posted on property - City staff 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. KPB 20.30.030(A) KPB 20.30.170 KPB 20.30.210 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): Stacy Wessel Signature: 5'�� 0)" Phone: (907) 744-LAND e-mail: stacy(caklands.com Name (printed): Signature: Phone: e-mail: Name (printed): Signature: Phone: e-mail: FOR OFFICE USE ONLY RECEIVED BY DATE SUBMITTED Receipt # 17 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 to my plat. The required 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 c. 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 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; 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 study which identifies a floodplain, if applicable; 9. Approximate locations of areas subject to tidal inundation and the mean high water line; 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; N/A 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; N/A 14. Apparent encroachments, with a statement indicating how the encroachments will be resolved prior to final plat approval N/A 18 November 13, 2024 City of Seward Planning Commission City Hall Building 410 Adams St. Seward, AK 99664 Subject: Request for Exceptions to Regulations for Subdivision of Block 10, Fourth of July Creek Subdivision - SMIC Dear Members of the City of Seward Planning Commission, The City of Seward is undertaking two concurrent subdivision projects (replats) within the Seward Marine Industrial Center (SMIC), which is situated on the eastern side of Resurrection Bay at the end of Nash Road, just six road miles from the city center. SMIC is a specialized heavy industrial area encompassing 15 square miles of coastal land, owned entirely by the City of Seward. It serves as a critical hub for maritime services, including full -service shipyards, maritime boat areas, and port facilities. The area is constantly evolving to meet the maritime needs of Alaska. The purpose of this letter is to request exceptions to Kenai Peninsula Borough (KPB) Code 20.30.030(A), 20.30.170, and 20.30.210 for both replats. These exceptions are essential to facilitate important community enhancements and support ongoing industrial developments. Part One: Spring Creek Campground Replat The first replat involves subdividing Block 10, Fourth of July Creek Subdivision Seward Marine Industrial Center, Plat No. 97-27, into two lots, one of which encompasses the current Spring Creek Campground area. Currently, Block 10 encompasses 92.993 acres. The campground is located in the northern section of SMIC and is fronted by Nash Road, a 100-foot dedicated public right-of-way. The subdivision aims to divide Block 10 along an existing fence line, designating the campground area as Tract A, which will be 22.469 acres. This campground has historically been used by tourists and residents for camping and fishing. By creating a distinct parcel, the City intends to utilize this area independently to better serve public needs. The southern portion of the parcel, to be labeled Tract B, fronts Tract A4—a private service road —and will comprise the remaining 70.534 acres. 19 Part Two: Fourth of July Beach Park Development The second replat, conducted concurrently but to be recorded afterward, involves subdividing Tract B into two lots. One of these lots will absorb Lot 3, Block 8, Fourth of July Creek Subdivision SMIC (Plat 2002-22), forming a single lot intended for a park already known as Fourth of July Beach, located west-southwest of Sorrel Road. The new parcel will eventually be rezoned into a park zoning designation. Additionally, Lot 4A-4, Block 7, JAG Replat will be subdivided into two lots to create a parking area supporting the park. Both the park area and parking lot have dedicated fee simple rights - of -way abutting the new lots, fronted by Sorrel Road, a 60-foot right-of-way. The remaining portions will continue to support SMIC's industrial operations and are fronted by Tract A4, a private road. Exceptions Requested 1. Exception to KPB Code 20.30.030(A) - Proposed Street Layout Requirements and KPB Code 20.30.210 - Lots Access to Street KPB Code 20.30.030(A) states that streets provided on the plat must provide fee simple right-of-way dedications to the appropriate governmental entity. KPB Code 20.30.210 requires that each lot shall abut on a fee simple dedicated street except as provided by KPB 20.30.030(B). o Explanation: In the Spring Creek Campground Replat, proposed Tract A fronts Nash Road, a fee simple dedicated right-of-way available for public use. However, Tract B, the southern remainder, does not front a dedicated right-of- way but fronts on Tract A4, a private 60-foot-wide tract developed as a service road serving SMIC's needs. The City wishes to retain control over this tract to manage access within SMIC, ensuring safety and operational efficiency. Justifications for Exception: 2. Special Circumstances or Conditions Affecting the Property • Controlled Industrial Access: SMIC's heavy industrial nature requires controlled access to ensure safety and security for operations and personnel. Introducing dedicated public rights -of -way could compromise these critical needs. • Unique Ownership Structure: The City owns all lands within the subdivision, including Tract A4, allowing for internal management of access without impacting public road systems. 20 3. Necessity for Preservation and Enjoyment of a Substantial Property Right • Operational Efficiency and Safety: Retaining private control over Tract A4 is essential for managing traffic flow, restricting unauthorized access, and maintaining safety protocols within the industrial area. ■ Practical Compliance: Granting these exceptions is the most practical way to comply with the intent of the KPB Code while addressing the unique requirements of an industrial maritime center. 4. No Detriment to Public Welfare or Injury to Other Property ■ Uninterrupted Access: All lots will continue to have access via Tract A4 or Sorrel Road, ensuring no lot is denied access. ■ Enhanced Public Amenities: Creating dedicated park and campground areas enhances public welfare by providing recreational spaces without impeding industrial operations. ■ Safety Considerations: Controlled access reduces the risk of accidents in heavy industrial zones, protecting both the public and industrial personnel. 2. Exception to KPB Code 20.30.170 - Block Length Requirements KPB Code 20.30.170 requires blocks to be not less than 330 feet nor more than 1,320 feet in length. o Explanation: The current block configuration and proposed subdivisions do not conform to these block length requirements due to the unique layout and ownership structure of the industrial area. All lands within the subdivision are owned by the City, and block lengths are dictated by existing industrial uses and geographic constraints. The block was originally subdivided in 1997. Justifications for Exception: 2. Special Circumstances or Conditions Affecting the Property • Geographic Constraints: The area's geography and existing industrial infrastructure make it impractical to conform to standard block length requirements. • Existing Industrial Uses: Operational needs of the industrial facilities require larger parcels for efficient functioning. 3. Necessity for Preservation and Enjoyment of a Substantial Property Right • Operational Efficiency: Strict adherence to block length requirements would disrupt existing industrial operations and hinder efficient land use. ■ Practical Compliance: Granting the exception allows the City to optimize land use while maintaining compliance with the overall intent of the code. 21 4. No Detriment to Public Welfare or Injury to Other Property • No Impact on Adjacent Properties: Since the City owns all surrounding land, there is no adverse effect on neighboring properties. • Public Benefit: The subdivision facilitates the creation of public amenities such as parks and campgrounds, enhancing community welfare. Additional Considerations • Compliance with Road Width Standards: Tract A4 has been established with a width of 60 feet, meeting KPB Code requirements for road dedication widths and ensuring adequate access dimensions. • Historical Precedent: The City has previously undertaken similar plats and replats within SMIC to meet evolving needs. These have been reviewed and approved by the Seward Planning and Zoning Commission and the Kenai Peninsula Borough, setting a precedent for the current request. • Future Ownership Considerations: As the City is the sole owner of the lands within the subdivision and plans to retain ownership, the exceptions will not adversely affect future development or ownership transitions. Conclusion In light of the special circumstances and the unique configuration of SMIC—bounded by Resurrection Bay —the City of Seward respectfully requests that the Commission grant the exceptions to KPB Code 20.30.030(A), 20.30.210, and 20.30.170 for both replats. These exceptions are necessary for the practical, safe, and efficient development of the area and align with the intent of the KPB Code without causing detriment to public welfare or adjacent properties. This will also provide additional parks for the public while keeping the industrial area secure and operational. We appreciate your consideration of this request and are available to provide any additional information or answer any questions you may have. Sincerely, 3 a:�y G9244w Respectfully, AK Lands, Land Surveying by Stacy Wessel , Professional Land Surveyor 22 AKLANDS Lond Surveying October 21, 2024 Vince Piagentini Kenai Peninsula Borough 144 N. Binkley St. Soldotna, AK 99669 Subject: Spring Creek and Park Replat — Letter of Authorization PO Box 110485 Anchorage, AK 99515 (907) 744-LAND. aklands@aklands.com http://aklands.com Mr. Piagentini, I, TcLsc-Y. , is the owner or authorized agent of Lot 1, Block 10 and Block 10, Fourth of July creek Subdivision Seward Marine industrial Center (proposed -Spring Creek Replat) and Lot 4A-1, Block 7, Fourth of July creek Subdivision Seward Marine Industrial Raibow Replat (Proposed Park Replat) and authorize AK Lands, Land Surveying LLC to represent us before the City of Seward and Kenai Peninsula Borough for all requests related to the easement vacation, platting action, and its related activities. City of Sward r�ic;ci.441{\ Dc ,`t1/4-C k'►lkAcC(Z �t) l 2- 2- Date 1 of 1 23 CITY OF SEWARD, ALASKA AFFIDAVIT OF MAILING PUBLIC HEARING NOTICE C( CU-q I-c vvr-1 , upon oath, deposes and states: That she is employed in the Community Development Office of the City of Seward, Alaska; and that on De rormber 121 2o2_1 she mailed a Notice of Public Hearing to the real property owners within a 300-foot periphery of Fourth of July Creek Subdivision, Seward Marine Industrial Center, that Point of Block 10, Excluding Lots 1 & 2; Located at 3207 Sorrel Road as prescribed by Seward City Code 15.01.040/16.01.015. �h Affirmed and signed this 12. day of Oec'(1rnj7P- 2024. (`per ' �„ AFFIDAVIT OF POSTING PUBLIC HEARING NOTICE I, C �� 10J-a hr-c)w\-3r1 , hereby certify that I have posted a Notice of Public Hearing, as prescribed by Seward City Code 15.01.040 for the property located at Fourth of July Creek Subdivision, Seward Marine Industrial Center, that Point of Block 10, Excluding Lots 1 & 2; Located at 3207 Sorrel Road, the owners of which have petitioned for a Public Hearing to replat the aboved named property, creating Tract A & B, Block 10, Fourth of July Creek Subdivision, Seward Marine Industrial Center, Spring Creek Replat._ The notice was posted on Oeeoi d ar J2 Zo'L , which is 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 I Z� day of cFco,-nb Signature 25