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).
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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
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.
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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.
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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.
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• 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
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