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HomeMy WebLinkAboutRES2025-099 Replat Spring Creek1 Sponsored by: Planning & Zoning CITY OF SEWARD, ALASKA RESOLUTION 2025-099 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, RECOMMENDING 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 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 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 2025-099 Page 2 of 2 WHEREAS, on August 5, 2025, the Seward Planning and Zoning Commission approved Resolution 2025-024, recommending City Council and Kenai Peninsula Borough approval of the attached revised preliminary 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, 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 recommends that, in accordance with Seward City Code Section 16.01.015, the 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 Park Replat Section 2. This resolution shall take effect immediately upon adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 13th day of October 2025. THE CITY OF SEWARD, ALASKA L L Sue McClure, Mayor AYES: Osenga, Wells, Barnwell, Crites, McClure NOES: None ABSENT: Warner, Finch ABSTAIN: None ATTEST: `—lam Kris Peck City Clerk (City Seal) City Council Agenda Statement Meeting Date: October 13, 2025 To: City Council Through: Kat Sorensen, City Manager From: Daniel Meuninck, Community Development Director Subject: Resolution 2025-099: Recommending Kenai Peninsula Borough Approval of the Revised Preliminary Plat of the Property Located at 3207 Sorrel Road, Creating Spring Creek Replat Background and justification: Attached for the Council's review and recommendation to the Kenai Peninsula Borough Planning Commission is a 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 that public access easement. 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." 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. On August 5, 2025, the Seward Planning and Zoning Commission approved Resolution 2025-024, recommending City Council and Kenai Peninsula Borough approval of the attached revised preliminary 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: Zonink: 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. Strategic Plan: Other: N/A Total amount of funds listed in this legislation: This legislation (✓): Creates revenue in the amount of: Creates expenditure in amount of: Creates a savings in the amount of: Has no fiscal impact Funds are (✓): Budgeted Line item(s): Not budgeted Not applicable $ 0 Affected Fund (✓): General Boat Harbor Motor Pool Available Fund Balance Yes SMIC Parking Other Electric Water Wastewater Healthcare Note: amounts are unaudited Finance Director Signature: Attorney Signature: /s/Rob Palmer Not applicable Comments: Administration Recommendation Adopt Resolution Other: 9). 44.1 \ .0� \ hh ° CP i� 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 AUTHORIZED OFFICAL SIGNATURE PROPOSED TRACT A BLOCK 10 978,768 SQ.FT 22.469 ACRES N CURVE RADIUS DELTA ANGLE ARC LENGTH CHORD LENGTH CHORD BEARING C1 (258.49') (068°54'20") (310.87') (292.47') (N34°18'12"W) Tld9CTB ✓OHNSON - S101-7 SUED/vS/0N USS 1651 (PG47 NO.. 7J-96) (S79°34 '13 "E 201.96') 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. a'1 is ZONEAE (50' PUBLIC ACCESS AND UTILITY ESMT. ZONEAE (EAST 171.53') N89°25'07"E 2083.53' ZONE VE PROPOSED TRACT B BLOCK 10 3,072,007 SQ.FT 70.524 ACRES __.,,`t\\\v� mac• j• � *.:49TH /\ *�//, / Nw ZONE VE BLOCK 10 PLAT NO. 97-27 4,050,775 SQ.FT 92.993 ACRES / '� y V-- 10' PIPELINE ESMT. BK113 PG863 LINE BEARING AND DISTANCE L1 (N21°17'27"E 24.00') L2 (S64°30'00"W 45.28') L3 (S25°30'00"E 95.64') L4 (N26°45'00"W 60.00') (N89°25'07"E 793.19') (60' SPRING CREEK DRAINAGE ESMT.) (20' ACCESS ESMT.) (50' PUBLIC ACCESS AND UTILITY ESMT.) ZONE VE NARY 0 SD LOT .3 BLOCK 7 (PG4TN0. 2002 22j ( L LEGEND () RECORD PER PLAT NO. 97-27 [ ] RECORD PER PLAT NO. 2002-22 o SIGN N\Ii-<SATELLITE SWITCH CABINET POWER POLE ELECTRICAL MANHOLE ELECTRIC METER LIGHT POLE TRANSFORMER 0 UTILITY PEDESTAL ET EASEMENT VACATION LOT1 LOT2 BLOCK (PG4T N0. 2015-11) LOT 1,4 BLOCK 1 (PLAT N0. 2000-6j z LOT 4B BLOCK (PG47 N0. 20 1-170 SD 1, BLOCK T N0. 97-27) T 2 BLOCK G4T N0. 97-27) FEMA FLOOD HAZARD AREA EASEMENT SD FENCE E ELECTRICAL LINES (GIS) TELECOMMUNICATION LINES (GIS) GAS LINES (GIS) SEWER LINES (GIS) SD STORM DRAIN LINES (GIS) W W WATER LINES (GIS) T/W4CT B ✓OHNSON - S(/FT SUED/vS/0N USS 1651 (PG47 N0. 7� 96J LOT 4C BLOCK 7 (PG4TN0. 2011-0, BLOCK 2002-222 46007 SEWARD, MAPPED \FLOOD DATA AREA (SEE NOTE\12) (S69°07'56"E 2.48') LOT 1 BLOCK 10 PG4T N0. 97-27 w 4s VD 72-1 �(S89°25747"W 277.51') (589°55'09"E 75.77') i» o is M o ri oc,- 0 100' --- 100' (S00°34'28"E 60.00')--___ LOT 14-1 LOT142 BLOCK 9 _ (PL47NO.. 2022-12 T LOT 24-1 BLOCK 9 (PG4T N0. 2022-1j LOT 24 2 BLOCK 9 /(PL4T N0. 2022-1) (S89°51'0{ " 130.12' 0 0 rn 4 LOT2 BLOCK 7 (PL4T NO. 97-27j (20' STORM WATER OUTFALL ESMT. APPROXIMATE) (S89°24'52"W 1340.52') ZONE VE SD gLLISON AVENUE BLOCK LOT 2 TRACT A4 (MUSTANG AVENUE) PRIVATE SERVICE ROAD, SW2022-2 so- /53 /15" o. 150' 300' up COT 1 LOT 5 LOT 1 BLOCK 1 2017-1.12 PRIVATE SERVICE ROAD, SW2022-2 BLOCK 7 BLOCK 7 /19" LOT 10-1 LOT 44-1 BLOCK 7 2021-0 LOT 1,4-J BLOCK 7 k.c) SORREL ROAD 60' 120 f2C 0_ 60' 60' - LOT 5 BLOCK LOT 1 BLOCK 5 ZOT BLOCK 5 201-22 THIS PLAT NOTES: BETTE CA_TO AVE. AVE. SEWARD CITY LIMITS REL RD VICINITY MAP SCALE: 1" = 1/2 MILE 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 Drawn: SMW Checked: N/A 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. PN: 1436 OWNER CITY OF SEWARD P.O. BOX 167 SEWARD, ALASKA 99664 AK Lands, Land Surveying LLC 13521 Venus Way Anchorage, AK 99515 aklands@aklands.com (907) 744-LAND Date of Survey: N/A Field Book: N/A Sheet: KPB No. 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 Subd., Seward Maine Industrial Center, Spring Creek 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 # 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; / t/ 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 Tots; t/. 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; NIA 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 N/A Subdivision Name: Date ((kAN DS — Land Surveying — September 17, 2025 City of Seward City Council 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, Spring Creek Replat Dear Members of the Seward City Council, The City of Seward is replatting 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. These exceptions are essential to facilitate important community enhancements and support ongoing industrial developments. Spring Creek Replat The 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. Page 1 of 4 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 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. 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. Page 2 of 4 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. 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. Page 3 of 4 • 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. 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 and keeps 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, ',..el_ 6t)e.a.a.el Respectfully, AK Lands, Land Surveying by Stacy Wessel , Professional Land Surveyor Page 4 of 4