HomeMy WebLinkAboutPZ Res2025-002 Fourth of July Park Replat1
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Sponsored by: Applicant
Public Hearing: January 7, 2025
CITY OF SEWARD, ALASKA
PLANNING AND ZONING COMMISSION
RESOLUTION 2025-002
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 TRACT B, BLOCK 10, FOURTH OF JULY
CREEK SUBDIVISION, SEWARD MARINE INDUSTRIAL CENTER
(SMIC), SPRING CREEK REPLAT; LOT 3, BLOCK 8, FOURTH OF JULY
CREEK SUBDIVISION, SMIC, SEWARD SHIP'S DRYDOCK REPLAT;
AND LOT 4A-4, BLOCK 7, FOURTH OF JULY CREEK SUBDIVISION,
SMIC, JAG REPLAT; LOCATED AT 3207, 3311, & 3314 SORREL ROAD;
CREATING TRACTS B-1 & B-2, BLOCK 10 AND LOTS 4A-5 & 4A-6,
BLOCK 7, FOURTH OF JULY CREEK SUBDIVISION, SMIC, PARK
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 current parcel is three tracts of land, Tract B comprising the tidelands and
harbor to the west of SMIC and the Fourth of July beach, Lot 3 comprising the parking and beach
access to Fourth of July beach, and Lot 4A-4 comprising parking and storage; and
WHEREAS, during the 2023 update of the Municipal Lands Inventory and Management
Plan, the Seward Planning and Zoning Commission recommended that the Fourth of July beach
area be platted as a single parcel and that a portion of uplands be designated for parking; and
WHEREAS, the proposed plat will divide Tract B into two parcels, Tract B-1, which will
encompass the harbor to the west of SMIC, and Tract B-2, which will include Lot 3, will
encompass the Fourth of July beach, parking, and adjacent tidelands; and
WHEREAS, Lot 4A-4 will be divided into Lots 4A-5 and 4A-6, with Lot 4A-6 being the
lot that will be designated as a potential future parking area for Fourth of July beach; and
WHEREAS, the tract of land being subdivided is currently zoned Industrial (I); and
WHEREAS, the size of Tract B-1 and B-2 and Lots 4A-5 and 4A-6 meet the required
minimum lot size and lot width for the Industrial zoning district; and
WHEREAS, all of Lots 4A-5 and 4A-6 and portions of Tract B-1 and B-2 are located
within a FEMA mapped flood zone D; and
CITY OF SEWARD, ALASKA
RESOLUTION 2025-002
WHEREAS, the west side of Tract B-1 and B-2 are located within a FEMA mapped flood
zone VE; and
WHEREAS, any type of construction within these designated flood zones would require
additional permitting; and
WHEREAS, there are no plans to change the current use of parking and beach access, or
further develop Tract B-2 and Lots 4A-5 and 4A-6; and
WHEREAS, Tract B-1 has access to city water, sewer, and electric; and
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 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 the plat be renamed to Tracts
B-1 & B-2, Block 10 and Lots 4A-5 & 4A-6, Block 7, Fourth of July Creek Subdivision,
SMIC, Fourth of July Beach Park Replat.
Section 2. 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 Tract B, Block 10, Fourth of July Creek
Subdivision, SMIC, Spring Creek Replat; Lot 3, Block 8, Fourth of July Creek Subdivision,
SMIC Seward Ship's Drydock Replat; and Lot 4A-4, Block 7, Fourth of July Creek
Subdivision, SMIC, JAG Replat; Located at 3207, 3311, and 3314 Sorrel Road; Creating
Tracts B-1 & B-2, Block 10 and Lots 4A-5 & 4A-6, Block 7, Fourth of July Creek
Subdivision, SMIC, Park Replat
•
Section 3. This resolution shall take effect immediately upon adoption.
PASSED AND APPROVED by the Seward Planning and Zoning Commission this 7th day
of January, 2025.
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CITY OF SEWARD, ALASKA
RESOLUTION 2025-002
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
THE CITY OF SEWARD, ALASKA
came ed
Carol Griswold, Chair
Sullivan, Ulman, Charbonneau, Hornseth, Hubbard, Griswold
None
Verhey
None
Kris Peck
City Clerk
(City Seal)
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Planning and Zoning Agenda Statement
Meeting Date: January 7, 2024
To: Planning and Zoning Commission
Through: Daniel Meuninck, Community Development Director
From: Applicant
Agenda Item: Resolution 2025-002, 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
Tract B, Block 10, Fourth of July Creek Subdivision, SMIC, Spring
Creek Replat; Lot 3, Block 8, Fourth of July Creek Subdivision,
SMIC Ship's Drydock Replat; and Lot 4A-4, Block 7, Fourth of July
Creek Subdivision, SMIC, JAG Replat; Located at 3207, 3311, &
3314 Sorrel Road; Creating Tracts B-1 & B-2, Block 10 and Lots
4A-5 & 4A-6, Block 7, Fourth of July Creek Subdivision, SMIC,
Park 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.
This preliminary plat is dividing Tract B in the preliminary Spring Creek Replat, Block 10, Fourth
of July Creek Subdivision, SMIC, into two tracts of land to be known as, Tract B-1 and B-2, Block
10, Fourth of July Creek Subdivision, SMIC, Park Replat. Proposed Tract B-2 will also absorb Lot
3, Block 8, Fourth of July Creek Subdivision, SMIC Ship's Drydock Replat.
This plat will also divide Lot 4A-4, Block 7, Fourth of July Creek Subdivision, SMIC, JAG Replat
into two parcels, Lots 4A-5 & 4A-6, Block 7, Fourth of July Creek Subdivision, SMIC, Park Replat
During the 2023 update of the Municipal Lands Inventory and Management Plan, the Commission
recommended that the Fourth of July beach and access area be cleaned up and platted into one
parcel so that it could be rezoned to Park. The Commission also recommended that a parcel on the
east side of Sorrel Road be platted as a separate parcel to recommend as a parking area if additional
parking was needed in the future. This preliminary plat is the first step in fulfilling those
recommendations.
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."
Tract B-2 and Lots 4A-5 and 4A-6 do not have access to city water, sewer, and electricity.
However, the parcels are currently only used for parking and beach access. There are no plans to
change this use or to further develop the land. Thus, a subdivision agreement will not be required
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with this plat.
The east side of Tract B-1 and B-2 and all of Lots 4A-5 and 4A-6 are located within a FEMA
mapped flood zone D, which means that there are possible but undetermined flood hazards,
however, a flood hazard analysis has not been conducted yet for those areas. The west side of Tract
B-1 and B-2, the portions primarily located within the tidelands, are in 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
plat, 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:
Zoninz: The property is currently zoned Industrial (I).
Size: Tract B-1 will be 56.963 acres. Tract B-2 will be 15.331 acres. Lot 4A-5 will be 2.760
acres. Lot 4A-6 will be 0.716 acres or 31,168 square feet.
Utilities: Tract B-1 has access to city water, sewer, and electricity on the east side of the property.
Tract B-2 and Lots 4A-5 and 4A-6 do not currently have access to city water, sewer, and electricity.
Existing Use: The parcels are used for a boat harbor, storage, parking, and beach access.
Access: Tract B-1 will have access to the private roads, Mustang Ave, Morris Avenue, and
Sorrel Road. Tract B-2 will have access to Sorrel Road. Lot 4A-5 will have access to Sorrel
Road and Olga Street. Lot 4A-6 will have access to Sorrel Road.
Flood Zone: According to the Kenai Peninsula Borough Floodplain map, Tract B-1 and B-2 have
portions of land located within the Seward Mapped Flood Data Area (SMFD) and FEMA flood
zones D and VE. Lots 4A-5 and 4A-6 are located within a FEMA flood zone D. Any development
within these hazard areas would require a floodplain permit.
Comprehensive and Strategic Plan Consistency Information
qm
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
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• 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
Staff Comments
Department
Comments
No
Comment
N/A
Building Department
X
Fire Department
X
Public Works
Department
Plat a full cul-de-sac at the end
of Sorrel Road
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.
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.
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Context M
Industrial
Plat Boundary
Proposed subdivision boundary
400 feet
Preliminary Plat Application Property Map
RES 2025-002 - Subdividing Tract B, Block 10, Fourth of July Creek Subd., Seward
Marine Industrial Center (SMIC), Spring Creek Replat; Lot 3, Block 8, Fourth of
July Creek Subd., SMIC Seward Ship's Drydock Replat; and Lot 4A-4, Block 7,
Fourth of July Creek Subd., SMIC JAG Replat; Creating Tracts B-1 & B-2, Block 10
and Lots 4A-5 & 4A-6, Block 7, Fourth of July Creek Subd. SMIC, Park Replat
Location: 3207, 3311, & 3314 Sorrel Road
Parcel #: 14534040 & 14534049 & 14534049
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Proposed Tract B-1
N
500 feet
Proposed Tract B-2
Preliminary Plat Application Floodplain Map
Proposed Lot 4A-5
d Lot 4A-
Context M
RES 2025-002 - Subdividing Tract B, Block 10, Fourth of July Creek Subd., Seward
Marine Industrial Center (SMIC), Spring Creek Replat; Lot 3, Block 8, Fourth of
July Creek Subd., SMIC Seward Ship's Drydock Replat; and Lot 4A-4, Block 7,
Fourth of July Creek Subd., SMIC JAG Replat; Creating Tracts B-1 & B-2, Block 10
and Lots 4A-5 & 4A-6, Block 7, Fourth of July Creek Subd. SMIC, Park Replat
Location: 3207, 3311, & 3314 Sorrel Road
Parcel #: 14534040 & 14534049 & 14534074
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TRACT B \
ALASKA T/DEL4NOS \
SURVEY 1571
(PLAT N0. 99-72
\
\
\
LOT 3
BLOCK 10
(PLOT N0.
2024 X4
CERTIFICATE OF OWNERSHIP AND DEDICATION
O
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)
C2
[229.99']
[062°27'54"]
[250.74']
[238.50']
[N31°48'21"W]
C3
{169.701
{027°42'53'}
{82.08'}
{81.29'}
{S76°44'08"E}
C4
{170.00'}
{014°46'45'}
{43.85'}
{43.85'}
{S55°38'51"E}
C5
{50.001
{070°39'09'}
{61.66'}
{57.83'}
{S12°53'14"E}
C6
{50.001
{109°28'47"}
{95.55'}
{81.66}'
{S32°22'40"E}
TRACT B
JOHNSON - 5H'//T
SUED/vS/0N
USS 1651
(PLAT N0. 73-962
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.
ZONEAE
ZONE AE
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PROPOSED
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56.963 ACRES
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BEARING AND DISTANCE
L1
(N21°17'27"E 24.00')
L2
(S64°30'00"W 45.28')
L2
[S64°35'00"W 45.33']
L3
(S25°30'00"E 95.64')
L3
[S25°25'00"E 95.75']
L4
(N26°45'00"W 60.00')
L4
[N26°45'00"W 60.07']
L5
[S63°02'15"E 211.52']
L6
[S63°02'15"E 154.99']
L6
{S62°56'43"E 154.80'}
L7
[N89°48'04"E 30.00']
L8
[N21°17'54"E 60.04']
L9
[S87°19'17"E 60.04']
L10
[N21°22'38"E 36.02']
L11
[N75°07'13"W 58.04']
S
N
N
(50' PUBLIC ACCESS AND UTILITY ESMT.)
/ ,
10' PIPELINE ESMT. BK113 PG863
vv
TRACT B
BLOCK 10
SPRING CREEK REPLAT
3,072,007 SQ.FT
70.524 ACRES
ZONE VE
(569°07'56"E 2.48')
S89°24'52"W 1236.92'
(S89°55'09"E
75.77')
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BLOCK 10
PLAT N0. .97-27
(589°25'47"W 277.51')
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II
(S00°34'28"E 60.00')
LOT 1A-1 LOT 142
I
BLOCK .9
(PLAT N0.
2022-1j
L0T24-1
BLOCK 9
(PLAT N0.
2022-12
LOT2A2
BLOCK 9
(PLAT N0.
2022-12
s/-
//
(S89°51'04"E
130.12'1
PROPOSED
TRACT B-2
BLOCK 10
667,832 SQ.FT
15.331 ACRES
E
NASH ROAD
LEGEND
() RECORD PER PLAT NO. 97-27
[ ] RECORD PER PLAT NO. 2002-22
RECORD PER PLAT FOURTH OF
[] JULYSMICJAG REPLAT
SIGN
A%SATELLITE
SWITCH CABINET
POWER POLE
tELECTRICAL MANHOLE
ELECTRIC METER
LIGHT POLE
TRANSFORMER
ID UTILITY PEDESTAL
I ET I
7777777i7ii7
EASEMENT VACATION
FEMA FLOOD HAZARD AREA
EASEMENT
FENCE
E
ELECTRICAL LINES (GIS)
T
TELECOMMUNICATION LINES (GIS)
S
TRACT B
,/OHNSON - SNIT 5U80/VS/ON
USS 1651
(PLAT N0. 7.1 96j
SEWER LINES (GIS)
SD
STORM DRAIN LINES (GIS)
W
WATER LINES (GIS)
LOT 1
JJ
LOT 1
LOT 2
BLOCK 4
(PLAT NO.
2015-112
LOT 14
BLOCK 1
(PLAT NO
2000-62
100'=
LOT 2
BLOCK 7
(PLAT N0. 97-272
(20' STORM WATER
OUTFALL ESMT.
APPROXIMATE) ,
/ /ss
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SD
LOT
LOT2
BLOCK 1
(PLAT N0. 97-27j
JELLISON AVENUEVV vv
BLOCK
(PLAT N0. 97-27)
TRACT A4 (MUSTANG AVENUE)
PRIVATE SERVICE ROAD, SW2022-2
T
E
LOT .1
LOT 3A
BLOCK 4
(PLAT N0.
20/7-13j
0
-
LOT 4B
BLOCK 7
(PLAT N0. 20/1-17j
LOT
BLOCK 7
(PLOT N0.
2002 222
SD
LOT 1, BLOCK 8
(PLAT N0. 97-27j
LOT2, BLOCKS
(PLAT N0. 97-27j
L7
{5' UTILITY ESMT.}
VACATED THIS PLAT
FORMER LOT LINE
TO BE VACATED
1340.30'
VI w
cn
[N89°25'33"E
R+ 251.40]'
m
LOT 4C
BLOCK 7
(PLAT NO. 2011-0
N6,
LOT 3
BLOCK 8
77,140 SQ.FT
1.771 ACRES
10'
-{5' UTILITY ESMT}
E
0' 150' 300'
UNSUBD/vDED IEMA/NDER
S
LOT 4
TRACT A4 (MORRIS AVENUE)
PRIVATE SERVICE ROAD, SW2022-2
-LE
LOT4A2
BLOCK
(PLAT NO.
2024 XX2
LOT
5
LOT 4
BLOCK 1
(P39TN0.
2017-112
LOT1A
BLOCK 7
(PLAT N0. 2002 22j
00
'V
{589°32'48"W 425.08'}
tea+ -{5' UTILITY ESMT.}
VAR\S
N89°25'56"E 369.45'
PROPOSED
CQ LOT 4A-6, BLOCK 7
(50' SECTION LINE ESMT.)S.
NARY
(589°24'52"W 1548.52')
ZONE VE
/es
31,168 SQ.FT ±
RRF q� A0.716 ACRES
29' 117.
-
[(S89°24'52"W
208.22')]
L [50' SECTION
LINE ESMT.]
0
ZONEAE
LOT40-1
BLOCK
(PLAT N0.
2021 XXJ
LOT 4A-4, BLOCK 7
PLAT NO. 2024-XX
151,415 SQ.FT.
3.476 ACRES
LOT 44-3
BLOCK 7
(PLAT N0.
2024 XX2
{589°33'56"W 299.10'}
w
0
No
01 N
N N
A w
"' 299.04'
{N89°25'56"E 416.33'}-
SORREL ROAD
UNSUBD/vDED
PROPOSED
LOT 4A-5
BLOCK 7
120,247 SQ.FT ±
2.760 ACRES
{10' UTILITY ESMT}
0
LD
60'
60'
60'
N
W O
W
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BLOCK 2
(PLAT N0. 2022 22
LOT 1
BLOCK 5
(PLAT N0. 2022-2)
0
Up
LOT 5
BLOCK 6
(PLAT N0. 20214
LOT 4
BLOCK 6
(PLAT NO.
2021-8)
z
0
0
N
w
O
00
60'
LOT 2 BLOCK 6
(PLOT N0. 2001 2j
1
LOT 3
BLOCK 6
("LAT NO.
200129
-
A
1Z 12
THIS
PLAT
w
c-I
24
7
BETTE CATO AVE.
c
Q 18 SPRIN / E
MUSTA
A\VE.
NG
FOURTH
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L�-
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19
8
SEWARD CITY LIMITS
20
T1S
VICINITY MAP SCALE: 1" = 1/2 MILE
1. THIS IS A PROPOSED PLATTING ACTION. NO BOUNDARY SURVEY HAS BEEN
2. NOT ALL SITE FEATURES ARE SHOWN WITHIN THE PROPOSED SUBDIVISION. UTILITY
LINES ARE BASED ON SMIC UTILITIES CAD DRAWING AND ARE APPROXIMATE.
3. TRACT A4 IS A SERVICE ROAD ACCESS AND UTILITY EASEMENT. ACCESS RESTRICTED
TO LESSEES, CITY OF SEWARD, AND OTHER AUTHORIZED PERSONNEL.
4. 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.
5. 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.
6. EASEMENTS VACATED THIS PLAT:
A. THE WEST 5' UTILITY EASEMENT OF LOT 3, BLOCK 8 FOURTH OF JULY CREEK
SUBDIVISION SEWARD MAINE INDUSTRIAL CENTER SEWARD SHIP'S DRYDOCK REPLAT,
PLAT NO. 2002-22.
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 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
PARK REPLAT
CREATING TRACT B-1 AND TRACT B-2, BLOCK 10
AND
LOT 4A-5 AND 4A-6, BLOCK 7
CONTAINING 70.524 ACRES MORE OR LESS
A SUBDIVISION OF:
TRACT B, BLOCK 10
FOURTH OF JULY CREEK SUBDIVISION, SEWARD MARINE INDUSTRIAL CENTER
SPRING CREEK REPLAT
FILED UNDER PLAT NO. 2025-XX
AND
LOT 3, BLOCK 8,
FOURTH OF JULY CREEK SUBDIVISION SEWARD MARINE INDUSTRIAL CENTER,
SEWARD SHIP'S DRYDOCK REPLAT,
FILED UNDER PLAT 2002-22
AND
LOT 4A-4, BLOCK 7
FOURTH OF JULY CREEK SUBDIVISION, SEWARD MARINE INDUSTRIAL CENTER
JAG REPLAT
FILED UNDER PLAT NO. 2024-XX
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
A K LAN DS
AK Lands, Land Surveying LLC
13521 Venus Way
Anchorage, AK 99515
aklands@aklands.com
(907) 744-LAND
Date: 11/13/2024
Drawn: SMW
Date of Survey: N/A
Sheet:
AUTHORIZED OFFICAL SIGNATURE
Checked: N/A
PN: 1437
Field Book: N/A
KPB No.
64
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(a�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'ir� Lf/.e
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 #
35
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
36
Park Replat
Property Information: Legal Description
Subdivision Of:
TRACT B, BLOCK 10
FOURTH OF JULY CREEK SUBDIVISION, SEWARD MARINE INDUSTRIAL CENTER,SPRING CREEK REPLAT
FILED UNDER PLAT NO. 2025-XX
AND
LOT 3, BLOCK 8,
FOURTH OF JULY CREEK SUBDIVISION, SEWARD MARINE INDUSTRIAL CENTER, SEWARD SHIP'S DRYDOCK REPLAT,
FILED UNDER PLAT 2002-22
AND
LOT 4A-4, BLOCK 7
FOURTH OF JULY CREEK SUBDIVISION, SEWARD MARINE INDUSTRIAL CENTER, JAG REPLAT
FILED UNDER PLAT NO. 2024-XX
37
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.
38
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.
39
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.
40
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
41
November 13, 2024
City of Seward
Planning Commission
City Hall Building
410 Adams St.
Seward, AK 99664
Subject: Request to Vacate a 5-Foot Utility Easement — Lot 3, Block 8
Dear Members of the City of Seward Planning Commission,
In conjunction with our previous request for exceptions to certain Kenai Peninsula Borough (KPB) Codes
related to the Fourth of July Creek Subdivision, Seward Marine Industrial Center, Park Replat, the City of
Seward is also requesting the vacation of a platted 5-foot utility easement.
Request Overview
The City of Seward seeks to vacate the platted 5-foot utility easement located along the west 5 feet of
Lot 3, Block 8, Fourth of July Creek Subdivision SMIC, Seward Ship's Drydock Replat, Plat 2002-22. This
lot is part of an ongoing platting action where it will be absorbed into a newly created Tract located
within Block 10, Fourth of July Creek Subdivision SMIC, Plat No. 97-27.
Justification for Vacation
• No Existing Utilities: The City of Seward Electric, Water, and Sewer GIS applications indicate that
there are no utilities within the platted 5-foot utility easement. Therefore, vacating the
easement will not disrupt any existing utility services.
• Facilitating Development: If the utility easement were to remain in its current position, it could
obstruct development within the new lot configuration. Vacating the easement will allow for
optimal land use and facilitate creative development opportunities.
• Potential for Easement Relocation: If needed, the 5-foot utility easement can be relocated from
the former lot line to a location that better serves this development and any future utility
requirements.
Benefit to the Community
Granting the vacation of the 5-foot utility easement will enable the City of Seward to proceed with
creating a new lot that enhances economic opportunities and supports the community's development
goals. This action aligns with our efforts to improve public amenities and promote efficient land use
within SMIC.
42
Conclusion
We believe that this request meets the criteria for easement vacations under KPB regulations. Vacating
the easement will not adversely affect any existing utilities or properties and will contribute positively to
the area's development.
We appreciate your consideration of this request and are available to provide any additional information
or answer any questions you may have.
Sincerely,
Gt%J
Respectfully,
AK Lands, Land Surveying by
Stacy Wessel , Professional Land Surveyor
43
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
44
CITY OF SEWARD, ALASKA
AFFIDAVIT OF MAILING
PUBLIC HEARING NOTICE
C' L Gi-r, i v Vvrl
, upon oath, deposes and states:
That she is employed in the Community Development Office of the City of
Seward, Alaska; and that on Opearnh.er 12, .2 vZ-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; Lot 3, Block 8, Fourth of
July Creek Subd. SMIC Ship's Drydock Replat; Lot 4A-4, Block 7,
Fourth of July Creek Subd. SMIC JAG Replat; Located at 3207 & 3311
Sorrel Road as prescribed by Seward City Code 15.01.040/16.01.015.
Affirmed and signed this /2 day of -m-_2024.
0
AFFIDAVIT OF POSTING
PUBLIC HEARING NOTICE
I, J) -v , 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; Lot 3, Block 8, Fourth of July Creek Subd. SMIC Ship's
Drydock Replat; Lot 4A-4, Block 7, Fourth of July Creek Subd.
SMIC JAG Replat; Located at 3207 & 3311 Sorrel Road, the
owners of which have petitioned for a Public Hearing to replat the above
named properties, creating Tracts B-1 & B-2, Block 10 and Tracts 4A-5 & 4A-
6, Block 7, Fourth of July Creek Subd. SMICL Park Replat.
The notice was posted on DeC(rnher / 2 s 02/ , which is ,. i
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 1211—\ day of Orrohib,„ ,
Signature
46