HomeMy WebLinkAboutRES2025-007 Replat Spring Creek1
Sponsored by: Planning and Zoning Commission
Public Hearing: January 27, 2025
Postponed: January 27, 2025
Amended and Approved: February 10, 2025
CITY OF SEWARD, ALASKA
RESOLUTION 2025-007
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA, RECOMMENDING KENAI PENINSULA BOROUGH
APPROVAL OF THE PRELIMINARY PLAT OF THE PROPERTY
LOCATED AT 3207 SORREL ROAD; CREATING SPRING CREEK 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 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
WHEREAS, a subdivision agreement will not be required with this plat; and
CITY OF SEWARD, ALASKA
RESOLUTION 2025-007
Page 2 of 2
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, the Seward City Council must review and comment on a preliminary plat of
city -owned land before submittal to the Borough for approval.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SEWARD, ALASKA, that:
Section 1. The Council hereby maintains the recommendation from the Commission to
remove the 50-foot public access easement, leaving it only as a utility easement.
Section 2. The Council hereby maintains the recommendation from the Commission to
rename the plat to Tract A & B, Block 10, Fourth of July Creek Subdivision, SMIC, Spring Creek
Park Replat.
Section 3. The Council hereby recommends that, in accordance with Seward City Code
Section 16.01.015, the 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 Park Replat
Section 5. This resolution shall take effect immediately upon adoption.
PASSED AND APPROVED by the City Council of the City of Seward, Alaska this 10th
day of February 2025.
AYES:
NOES:
ABSENT:
ABSTAIN:
Kris Peck
City Clerk
THE CITY OF SEWARD, ALASKA
dLiza V ; re -
Sue McClure, Mayor
Finch, Barnwell, Crites, Warner, Osenga, Wells, McClure
None
None
None
1
1
1
City Council Agenda Statement
Meeting Date: January 27, 2025
To: City Council
Through: Kat Sorensen, City Manager
From: Planning and Zoning Commission
Subject: Resolution 2025-007: Recommending Kenai Peninsula Borough
Approval of the Preliminary Plat of the Property Located at 3207
Sorrel Road, Creating the Spring Creek Park Replat
Background and justification:
Attached for the Council's review and recommendation to the 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 Park 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 on the east. 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-
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.
During the January 7th P&Z meeting, the Planning and Zoning Commission requested that the 50'
public access easement be removed and left as only a utility easement. This was due to a
recommendation from the Public Works director. The Commission then added a condition to the
Resolution requesting that a 10'-20' pedestrian easement be added to the plat in a location to be
determined by the Public Works director, Parks and Recreation director, and Community
Development director. Even though this plat will be rezoned to Park, and accessible to the public
regardless of any access easements, the Commission was concerned that if the land were ever
rezoned back to Industrial and leased by a business, the public would not have access to the beach.
A few issues became apparent during the subsequent internal meeting with the three directors to
review possible locations where a pedestrian easement could be placed. People are already
accustomed to accessing the beach by driving their vehicles down to the beach. If the property
were ever rezoned to Industrial and leased by a private business, and there was only a 10-20'
pedestrian access easement to the beach, people would have to park their vehicles along Nash
Road and then walk down to the beach. This would cause excessive congestion on Nash Road
during the busy summer season, creating safety issues and other problems. Also, placing any
access easement on the property now without knowing the future development needs of the
property will create challenges to any future development, whether for the campground or private
industry.
Ultimately, if beach access is the primary concern for this area, rezoning the land to Park is the
best solution. Access easements can be removed and changed just as easily as the zoning and do
not provide any more security for public access. Having an access easement makes sense if the
zoning of the property were to remain Industrial, however, since the property will be rezoned to
Park, administration recommends that the City Council move to strike the recommendation from
the Planning and Zoning Commission to place a 10-20' pedestrian easement on the property.
Once the property is zoned to Park, which requires approval from the Planning and Zoning
Commission and City Council, changing the zoning again would require the same process of
approval. If the Commission and Council ever decided to change the property from Park back to
Industrial, that would be the more appropriate time to require a condition for a public access
easement to be placed on the property. This would allow the Commission and Council to better
match the easement's location and size to the public's access needs and the property's desired use.
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 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.
Existing 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 Plan: Vol 1, Chapter 3.6.1 — Improve, expand and diversify year-round parks
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:
Other:
N/A
Certification of Funds
Total amount of funds listed in this legislation: $ 0
This legislation:
Creates revenue in the amount of:
Creates expenditure in amount of:
Creates a savings in the amount of:
Has no fiscal impact
X
Funds are:
Budgeted Line item(s):
Not budgeted
Not applicable
Affected Fund:
General
SMIC
Electric
Wastewater
Boat Harbor
Motor Pool
Available Fund Balance
X
Yes
Parking
Other
Water
Attorney Signature:
Not applicable Comments:
Healthcare
Note: amounts are unaudited
Finance Director Signature:
Administration Recommendation
X
Adopt Resolution
Other:
Key
Industrial
Plat Boundary
Proposed subdivision boundary
Context Map
Preliminary Plat Application Property Map
RES 2025-0XX - 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 Park Replat
Location: 3207 Sorrel Road Parcel #: 14534040
Preliminary Plat Application Floodplain Map
RES 2025-0XX - 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 Park Replat
Location: 3207 Sorrel Road Parcel #: 14534040
TRACT B
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L3
(S25°30'00"E 95.64')
L4
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(N89°25'07"E 793.19')
(60' SPRING CREEK DRAINAGE ESMT.)
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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
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.
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PROPOSED
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BLOCK 10
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LOT 3
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BLOCK 7
(PLOT N0.
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(PLAT NO.
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LOT 4A-3
BLOCK 7
(PLOT N0.
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60'
60'
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(PLAT N0. 2022-2)
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(PLOT N0. 2022-2)
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BLOCK 6
(PLOT N0. 20214
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BLOCK 6
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BETTY CATO AVE.
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17
SEWARD CITY LIMITS
20
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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.
CERTIFICATE OF OWNERSHIP AND DEDICATION
AND GRANT ALL EASEMENTS TO THE USE SHOWN
OWNER
CITY OFASEWARD
410 AD MSSTREETCIN HALL BUILDING
SEWARD, AK 99664
AUTHORIZED OFFICIAL SIGNATURE DATE
TITLE PRINTED NAME
NOTARY'S ACKNOWLEDGMENT
ACKNOWLEDGED BEFORE ME THIS
2020,
NOTARY PUBLIC FOR A..
MY COMMISSION EXPIRES:
CERTIFICATE OF ACCEPTANCE
DAY OF
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
W in:, 7:,:n.;", ���o�1 TM �,� aT1 H 1, a , ,'
PROPOS
TITLE PRINTED NAME SURVEYOR'S CERTIFICATE
I, STACY IA WESSEL PROFESSIONAL LAND
PLAT APPROVALSURVEYOR1 a '49Try
COMMISSIONTATE
THIS P. AT THE MEETINGOVED BY OF ENA PENNSDaBOROUGH P. =faEYMADEBYMEOR HEREBY CERTIFY THAT I AKA
PRACTICE LAND rDERRMG IN THE DIRECT
I A,
AN DE
NEWLYE95E,
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\ �— Ic cccEsS ry
KENAI PENINSULA BOROUGH
DESCRIBED, MD THAT ALL DIMENSIONS
AND OTHER DETAILS ARE CORRECT.
AUTHORIZED OFFICAL SIGNATURE
N89.251071E 2083.5
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ZONE 9E
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(S69.07'56,2.08.1
LEGEND
RECORD RED PLAT NO 9
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701
EASEMENT
TELECOMMUNICATION LINES IG151
SEWER LINES IGISI
DATER LINES IGISI
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VICINITY MAP SCALE: 1"=1/2 MILE
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NOTES:
1. THIS ISA PROPOSED PLATTING ACTION. NO BOUNDARY SURVEY HAS BEEN
2, IfT ALL SITE FEATURES ARE SHOWN WITHIN THE PROPOSED SUBDIVISION, UTILITY
NES ARE BASED ON SMIC UTILITIES CAD DRAWING AND ARE APPROXIMATE.
B. LOT 1, BLOCK 10 LOCATION IS APPROXIMATE DUE TO 1,11,CK OF DIMENSION TIES PER
THE RECORD PLAT
4. S TOLESSEES,cTY OIS A F SEWARDAAND OTHER UTILITY
ITHORizED PERSOT. NNEL. AIREDU.S. PATENT 50.81-0101 RECORDED JULY 15, 1981AT BOOK 23 AND PAGE 765 AND
A. PUBLIC ACCESS EASMENT DESCIBED WITHIN STATE OF A.. PATENT OF ASLS
ACCEPTED
12i23na
B. 25 FOOT PEDESTIAN ASEMENT ALONG THE MEAN HIGH TIDE LINE DE
RESURRECTION BAY DESCRIBED ON SURVEY P.T 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
U.S. SURVEY NO. 0827
8, .,,,,ScE,,11,E,NNTLOoN PLAT 97-27 AND ,I,11AT 2007-2 WERE NOT FULLY DIMENSIONED,
EASEMEEnWHICH WOULD INTERFERE WITH THE ABILITY OF A UTILITY TO USE THE
10.
RETRETSAmESAWHERLASKAERMEET REQUIREMENTS ARE ON WASTEWATER
O
ENVIRONMENTAL CONSERVATION. 11. LOTS TH nTHIS SUBDIVISION BE LOCATED WITHIN A DESIGNATED FLOOD
HAZARD AREA; IF SUCH IS THE CASE, DEVELOPMENT MUST COMPLY WITH TITLE
OF THE CITY OF SEWARD'S CHARTER AND CODE OF .WS. A SURVEY TO
THE ELEVATION OF THE PROPER, MAY BE REQUIRED PRIOR TO CONSTRUCTION
12. A PORTION OF THIS PROPER,. 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.
F.CT DESIGNATION CAN ONLY BE DETERMINED BY AN ELEVATION CER1IFICATE.
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
CONTAINING 92.993 ACRES MORE OR LESS
BLOCK 10.
FOURTH OF JULY CREEK SUBDIVISION
SEWARD AL CENTER
FILED UNDER PLAT NO 93.
CITY OF SEWARD
SEWARD RECORDING DISTIUCT
KENAI PENINSULA BOROUGH
LANDS
AK i ands, Land Surveying LLCVenus Way
02®2,ea24om
.
Intp://aklands.com
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P0'N vaaLANO n. 11113,1202
. S Scale: 1 -1sn I0s2 ofSurvry:N/A
C0OOEea=wA IPN, 1036 1Reid Book :rv,A ITa2
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./i
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 #
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
Subdivision Name:
Date
((kAN DS
— Land Surveying —
November 13, 2024
City of Seward
Planning Commission
City Hall Building
410 Adams St.
Seward, AK 99664
PO Box 110485
Anchorage, AK 99515
(907) 744-LAND
aklands@aklands.com
http://aklands.com
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 0.15 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 visitors and residents for day -use recreation,
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.
Page 1 of 4
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.
Page 2 of 4
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.
Page 3 of 4
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
Page 4 of 4
riAKLANDS
loud Surveying
October 21, 2024
Vince Piagentini
Kenai Peninsula Borough
144 N. Binkley St.
Soldotna, AK 99669
PO Box 110485
Anchorage, AK 99515
(907) 744-LAN D
aklands@aklands.com
http://aklands.com
Subject: Spring Creek and Park Replan— Letter of Authorization
Mr. Piagentini,
I, 7hser i3:,1ti1 r , 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 ofJuly 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.
% F \
City of S✓ewardd
ll� �2?>�Zy
Date
1 of 1