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HomeMy WebLinkAboutPZ Res2025-024 3207 Sorrel Rd ReplatSponsored by: Applicant Public Hearing: August 5, 2025 Amended and Approved: August 5, 2025 CITY OF SEWARD, ALASKA PLANNING AND ZONING COMMISSION RESOLUTION 2025-024 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 REVISED PRELIMINARY PLAT OF THE PROPERTY LOCATED AT 3207 SORREL ROAD, CREATING SPRING CREEK REPLAT WHEREAS, AK Lands, Land Surveying LLC has submitted a revised preliminary plat on behalf of the City of Seward for review and recommendation to the Seward City Council and Kenai Peninsula Borough; and WHEREAS, the parcel being subdivided is located at 3207 Sorrel Road; and WHEREAS, the current parcel is one tract of land comprising the tidelands and harbor to the west of SMIC, the Spring Creek campground / beach area, and the Fourth of July beach; and WHEREAS, the proposed plat will divide the single 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, the original plat was approved by the City Council on February 10, 2025, and included the vacation of a 50-foot wide public access easement providing access from Nash Road through the Spring Creek campground to the tidelands; and WHEREAS, this easement was established through Tideland Patent No. 362 by the State of Alaska in 1997; and WHEREAS, this easement, as well as a similar one to the south, were established to replace a 50-foot wide public access easement that ran along the ordinary high-water mark but was vacated with the creation of the Seward Marine Industrial Center; and WHEREAS, the State has expressed interest in maintaining the 50-foot wide public access easement through proposed Tract A (Spring Creek campground); and WHEREAS, the revised preliminary plat reflects these wishes, and does not vacate the 50- foot public access easement; and WHEREAS, the tract of land being subdivided is currently zoned Industrial (I); and CITY OF SEWARD, ALASKA RESOLUTION 2025-024 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 WHEREAS, all conditions required by Seward City Code § 16.01.015, Conditions to plat approval, were met; the property owners within 300 feet of the requested replat were notified of the proposed subdivision, and the property was posted with public notice signage; and WHEREAS, any preliminary plat of city -owned property must be approved by the Seward City Council; and WHEREAS, it is the Planning and Zoning Commission's responsibility to act in an advisory capacity to the Seward City Council and the Kenai Peninsula Borough regarding subdivision plat proposals within the City of Seward. NOW, THEREFORE, BE IT RESOLVED by the Seward Planning and Zoning Commission, that: Section 1. The Commission hereby recommends 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 revised preliminary plat of Fourth of July Creek Subdivision, Seward Marine Industrial Center (SMIC), That Point of Block 10, Excluding Lots 1 & 2; Located at 3207 Sorrel Road; Creating Tract A & B, Block 10, Fourth of July Creek Subdivision, SMIC, Spring Creek Replat Section 2. This resolution shall take effect immediately upon adoption. PASSED AND APPROVED by the Seward Planning and Zoning Commission this 5th day of August, 2025. AYES: NOES: ABSENT: ABSTAIN: THE CITY OF SEWARD, ALASKA Cc to Carol Gris old, Chair Verhey, Sullivan, Hubbard, Hornseth, Griswold None Charbonneau, Pemberton None 1 1 1 CITY OF SEWARD, ALASKA RESOLUTION 2025-024 ATTEST: Kris Peck City Clerk (City Seal) Planning and Zoning Agenda Statement Meeting Date: August 5, 2025 To: Planning and Zoning Commission Through: Daniel Meuninck, Community Development Director From: Applicant Agenda Item: Resolution 2025-024, of the Planning and Zoning Commission of the City of Seward, Alaska, recommending Seward City Council and Kenai Peninsula Borough approval of the revised preliminary plat of the property located at 3207 Sorrel Road, creating Spring Creek Park Replat Background and justification: Attached for the Commission's review and recommendation to the Seward City Council and Kenai Peninsula Borough Planning Commission revised preliminary plat submitted by AK Lands, Land Surveying LLC on behalf of the City of Seward. The original preliminary plat was approved by the City Council on February 10, 2025 through Resolution 2025-007. The platting action divided 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. It also vacated a 50-foot wide public access easement which provided access from Nash Road through the Spring Creek campground to the tidelands. Upon submitting the original preliminary plat to the Kenai Peninsula Borough, documented approval from the State of Alaska was required before the 50-foot public access easement could be vacated. When the land for the Seward Marine Industrial Center (SMIC) was platted in 1997, the plat vacated various public access easements that ran along the ordinary high-water mark. These easements had originally been established by State of Alaska Patent No. 5914 and shown on the Alaska State Land Survey plat 76-69. The Department of Natural Resources for the State of Alaska approved the vacation of the 50-foot public access easement along the ordinary high- water mark within the SMIC subdivision, but only in exchange for the establishment of two new public access easements through Tideland Patent No. 362, that would provide the public access to the tidelands at the north and south end of the SMIC subdivision. The State of Alaska has an application process to request permission to vacate an access easement that has been established by State patent; however, the State has expressed through initial conversations that they still have an interest in maintaining those public access easements. For this reason, and the subsequent denial of rezoning the Spring Creek Campground to Park on April 14, 2025, administration recommends maintaining the 50-foot public access easement through proposed Tract A (Spring Creek campground) at this time. 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." 24 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. 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. omnrehensive and Strategic Plan Consistency Information This legislation is consistent with (citation listed): Comprehensive Vol 1, Chapter 3.6.1 — Improve, expand and diversify year-round parks Plan: and recreational opportunities for residents and visitors. Vol 1, Chapter 3.6.1.1 • Identify, protect, and preserve scenic and natural areas for recreational enjoyment. • Continue to protect and preserve all city parks. Vol 1, Chapter 3.6.1.2 • Ensure that Municipal land acquired for or converted to long-term or permanent park or recreational uses are officially dedicated as park land Strategic Plan: N/A 25 Staff Comments Department Comments No Comment N/A Building Department X Fire Department X Public Works Department X Harbor Department X Police Department X Electric Department X Telecommunications X Property owners within three hundred (300) feet of the proposed platting action were notified of this public hearing. Public notice signs were posted on the property and all other public hearing requirements of Seward City Code § 15.01.040 were complied with. At the time of this publication the Community Development Department has received no public inquiries. If any correspondence is received after publication of this agenda statement, it will be submitted to the Commissioners for their review. Recommendation If the Commission finds the proposed preliminary plat meets the requirements in Seward City Code Titles 15 and 16, they will recommend approval to the Kenai Peninsula Borough Planning Commission. 26 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 ❑PRELIMINARY 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 Creek Park Replat PROPERTY INFORMATION: legal description Block 10, Fourth of July Creek Sub., SMIC,Plat No. 97-27 Section, Township, Range Section 18, T1 S, 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 WASTEWATERn on siteliCity WATERQon 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.) o 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-,Z Phone: (907) 744-LAND e-mail: stacy(c�aklands.com Name (printed): Signature: Phone: e-mail: Name (printed): Signature: Phone: e-mail: FOR OFFICE USE ONLY RECEIVED BY DATE SUBMITTED Receipt # 30 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 31 Key Industrial Plat Boundary Proposed subdivision boundary Context Ma• Preliminary Plat Application Property Map RES 2025-024 - 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 36 CERTIFICATE OF OWNERSHIP AND DEDICATION CITY OF SEWARD HEREBY ADOPT THIS PLAN OF SUBDIVISION AND BY MY FREE CONSENT DEDICATE ALL RIGHTS -OF -WAY AND PUBLIC AR. TO PUBLIC USE AND GRANT ALL .SEMENTS TO THE USESHOWN OWNER CITY OF,SEWARD 410 AD MS STREET CIN HALL BUILDING SEWARD, AK 99664 AUTHORIZED OFFICIAL SIGNATURE DATE TITLE PRINTED NAME NOTARY'S ACKNOWLEDGMENT FOR ACKNOWLEDGED BEFORE ME THIS 2024 NOTARY PUBLIC FOR A.. MY COMMISSION IXPIRES: DAY OF CERTIFICATE OF ACCEPTANCETHE UNDERSIGNED OFFICIAL IDENTIFIED BY NAME AND TITLE IS AUTHORIZED -FT,PTBIArgEnV vox %)aLK THE REAL PROPERTY TO BE DEDICATED BY THIS P. INCLUDING .EMENTS, RIGHTS -OF -WAY, ALLEYS, AND OTHER PUBLIC AREAS SHOWN ON THIS PLAT IDENTIFIED AS FOLLOWS: OT OBLIGATE THE PUBLIC OR ANY GOVERNING BODY TO CONSTRUCT, OPERATE, OR MAINTAIN IMPROVEMENTS. AUTHORIZED OFFI.L SIGNATURE DATE TITLE PRINTED NAME - SIFT 'S�9`3+•Is•Fiol.sar 1N SURVEYORS CERTIFICATE PLAT APPROVALSURVEYOR, HEREBY CERTIFY THAT I AM PRACTICE LAND SURVEYING IN THE STATE THIS PLAT WAS APPROVED BY THE KENAI PENINSULA BOROUGH PLANNING OF ALASKA, THAT THIS P. REPRESENTS A COMMISSION AT THE MEEI-ING OF SURVEY MADE BY ME OR UNDER MY DIRECT DESCRIBED, AND THAT ALL DIMENSIONS AND OTHER DETAILS ARE CORRECT. AUTHORIZED OFFICAL SIGNATURE I0 Ks=aK°, b oa l " hnl Iw."'""Tu )Ah ZONE PE LI II0Nasoo"wr.eT'I \`\ IEAST 171s3'1 Ixe9•ss'm•F 993.19'{ (so' SPRING CREEK DRAINAGE ESN,) • (51 PUBLIC ACCESS AND \ ,ems (00'ACCESS EEMT. INARY LEGEND / RECORD NCR Ea,aas,.,I RECORD PEP PLAT NO 2001,2 — —-NIAF,00-ao.wE. LE o NTTm PEDESTAL JIn TELECOMMUNICATIONIrvss INLINES ION, CAS L SEINER LINES MIsl 112 WATER LINESGOIM „Tgxerm,,y7z_ roman DP (50'' PUBLIC CE55 AND DTIUW ESMT.) ELIN ESMTBK113PG86 1589 SS 09 Ts n'1 .5'97••W997511,r \ uy I (20' STORM WATER DUTFALL APPROXIMATE), MT Is833453 W 1349.52'1 ZONE VE iavmzrso r /avntw2L (7052x AV-Y W ,l A L 12 13 THIS PLAT 24 19 SEWARD CITY t111115 20 T13 VICINITY MAP SCALE: 1, - 1/2 MILE NOTES: 1. THIS IS A PROPOSED PLATTING ACTION. NO BOUNDARY SURVEY HAS BEEN PERFORMED 3. LOT 1, BLOCK 10 LOCATION IS APPROXIMATE DUE TO .CK OF DIMENSION TIES PER THE RECORD PLAT. 4. TRACT AO IS A SERVICE ROAD ACCESS AND UTILITY .EMENT, ACCESS RESTRICTED TO LESSEES, CITY OF SEWARD, AND OTHER AUTHORIZED PERSONNEL 5. THIS PROPER,' IS SUBJECT TO RESERVATIONS AND EXCEPTIONS AS CONTAINED IN AMENDMENTS THERETO AS SHOWN IN 'NOTICE'', RECORDED MAY 26, 1993, BOOK 6 S AND EXCEPTIONS AS CONTAINED IN STATE OF A.KA PATENT S914 RECORDED AUGUST 7, 1981 AT BOOK 23 PAGE 956 AND RESERVATIONS AND EXCEPTIONS AS CONTAINED IN STATE OF A.KA PATENT A. PUBLIC ACCESS .MENT DESCIBED WITHIN STATE OF A.. PATENT OF ASLS 76-69 AS 50 FOOT ALONG THE ORDINARY HIGH WiER OF FOURTH OF ILY CREEK AND OTHER UNNAMED 1228Es a PORTRAYED ON THE aEM SURVEY PLAT OF B. 25 FOOT PEDESTIAN ACCEPTED /MlDELINE OF RESURRECTION BAY DESCRIBED ON SURVEY P. OF ASLS 76-59 C. PUBLIC ACCESS EASEMENT DESCRIBED WITHIN THE STATE OF A.. PATENT NO, 5914 FOR LIS, SUM/EV 4227 AS 50 FOOT ALONG THE ME. HIGH WATER MARK 8. EASEMENTS ON PLAT 97-27 AND P. 2007-2 WERE NOT FULLY DIMENSIONED, LOCATION SHOWN HEREON ARE APPROXIMATE, 9 NO PERMANENT STRUCTURE SHALL BE CONSTRUCTED OR PLACED WITHIN A UTILITY .EMENT WHICH WOULD INTERFERE WITH THE ABILITY OF A UTILITY TO USE THE T0 WASTEWATER REEQUTEMEENPLANS ON FILE AT THE A.KA DEPARTMENT of ENVIRONMENTAL CONSERVATION 11 LOTS WITHIN THIS SUBDIVISION MAY BE LOCATED WITHIN A DESIGNATED FLOOD HAZARD AR.; IF SUCH IS THE CASE, DEVELOPMENT MUST COMP, WITH TITLE 15 OF THE CIN OF SEWARD'S CHARTER AND THE ELEVATION OF THE PROPERTY MAY BE REQUIRED va OR TODE OF LAWS. A DCONSTTR CONSTRUCTION 12. A PORTION OF THIS PROPER, IS IN FLOOD ZONE VE AND ZONE AE THATIS IS DEFINED AS, SPECIAL FLOOD HAZARD AR. SUBJECT TO INUNDATION BY THE ANNUAL E.CT DESIGNATION CAN ONLY BE DETERMINED BY AN ELEVATION CERTIFICATE VrT,,E,F=0A07,DHFL00,1,,, gIRE DELINEATION ARE GIS DATA PROVIDED BY THE Plat of: FOURTH OF JULY CREEK SUBDIVISION SEWARD MARINE INDUSTRIAL CENTER SPRING CREEK PARK REPLAT CREATING TRACI' AAND TRACT 13, BLOCK 10 FOURTH OP CREEK SUBDIVISION SEWARD MARINEDIDLISTRIAL CENTER FILED UNDER PLAT., 97-27 CITY OF SEWARD SEWARD RECORDING DISTRICT K., PENINSULA BOROUGH (LANDS 11-1, - AK Lands, Land Surveying LLC 13521 Venus Way alcharis@eklaffisemu (91LAND �Date 5 Chocked NIA 1PN1a36 Date of Survey WA Field Book: N/A 37 CITY OF SEWARD, ALASKA AFFIDAVIT OF MAILING PUBLIC HEARING NOTICE )cxm Q_ Cr oc-b+' , upon oath, deposes and states: That she is employed in the Community Development Office of the City of Seward, Alaska; and that on I 0 she mailed a Notice of Public Hearing to the real property owners within a 300-foot periphery of Fourth of July Creek Subdivision, Seward Marine Industrial Center, that Point of Block 10, Excluding Lots 1 & 2; Located at 3207 Sorrel Road as prescribed by Seward City Code 15.01.040/16.01.015. Affirmed and signed this 15 day of 2025. /7 I l AFFIDAVIT OF POSTING PUBLIC HEARING NOTICE I, :Su. \Q Cvcck' , hereby certify that I have posted a Notice of Public Hearing, as prescribed by Seward City Code 15.01.040 for the property located at Fourth of July Creek Subdivision, Seward Marine Industrial Center, that Point of Block 10, Excluding Lots 1 & 2; Located at 3207 Sorrel Road, the owners of which have petitioned for a Public Hearing to replat the above named property, creating Tract A & B, Block 10, Fourth of July Creek Subdivision, Seward Marine Industrial Center, Spring Creek Park Replat. The notice was posted on a 1 a0a- , which is a 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 01 day of TAy , 2025. Signature 39