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HomeMy WebLinkAboutPZ Res2025-002 Fourth of July Park Replat1 1 1 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. 1 1 1 1 1 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) .s`y OF SEW'''% .... Fi NO ip ### �• F i4 WO � —.— a i -• :' SEAL • • - NI/'� •• n••r_•• P ,� 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 26 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 27 • 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. 28 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 32 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 33 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 7-I N \(50' PUBLIC ACCESS AND UTILITY ESMT.) S 1 N89°25'07"E 2083.53' PROPOSED TRACT B-1 BLOCK 10 2,481,315 SQ.FT 56.963 ACRES 6' .] �OF A• :'162-lll '*: 49 TH •.* to less 4' N 1oS1�r8OFESSI LINE 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') M o O ri 0 N 0 0 N m to N u LOT / BLOCK 10 PLAT N0. .97-27 (589°25'47"W 277.51') V^V 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 jS8o8pS0„ - 1ppfpfrps. 2ps•02 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 11 CCV) �o Q L90 ow a> CC Hi QN w Q > S o LD LOT / 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 w L�- EL RD 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