HomeMy WebLinkAboutRES2025-101 Land Swap Hemlock - Seward HwySponsored by: Planning and Zoning Commission
CITY OF SEWARD, ALASKA
RESOLUTION 2025-101
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA, RECOMMENDING KENAI PENINSULA BOROUGH
APPROVAL OF THE PRELIMINARY PLAT OF 1000 HEMLOCK
AVENUE, 2500 LAUREL STREET, 2405 SEWARD HIGHWAY, AND 2413
SEWARD HIGHWAY EXCHANGING AN EQUAL PORTION OF CITY -
OWNED LAND WITH PRIVATELY -OWNED LAND AND VACATING
INTERIOR LOT LINES TO CREATE TWO NEW PARCELS TO BE
KNOWN AS TRACTS 5B-1 AND 5B-2, FOREST ACRES SUBDIVISION,
SEWARD GATEWAY PROPERTIES
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 proposed plat is a subdivision of Lot 13, Fort Raymond Subdivision;
Tract 5B, Forest Acres Subdivision Levee Replat; Lot B 1, Forest Acres Subdivision Levee Replat;
and that portion of US Survey No. 149 described as parcel number 2; creating Tract 5B-1 and Tract
5B-2, Forest Acres Subdivision, Seward Gateway Properties; and
WHEREAS, Seward City Code §7.05.120 states that "the City Council may acquire or
dispose of an interest in real property by negotiation, public auction, or sealed bid"; and
WHEREAS, on August 12, 2024, the Seward City Council approved Resolution 2024-041
authorizing the City Manager to negotiate a land swap for a portion of city property located at
1000 Hemlock Avenue in exchange for a portion of private property located at 2405 Seward
Highway; and
WHEREAS, Tract 5B-1 will remain city -owned land and Tract 5B-2 will be privately
owned; and
WHEREAS, Tract 5B-1 will be 8.083 acres; and
WHEREAS, Tract 5B-2 will be 5.716 acres; and
WHEREAS, Tract 5B-1 will be 5,755 square feet (0.13 acres) smaller than the combined
acreage of the two city -owned properties on 1000 Hemlock Avenue and 2500 Laurel Street because
a 20' wide portion of land adjacent to Juniper Street, which had previously been dedicated as an
access easement, is now being dedicated as right-of-way; and
WHEREAS, 1000 Hemlock Avenue is zoned Institutional (I) and 2500 Laurel Street is
zoned Resource Management (RM); and
WHEREAS, 2405 & 2413 Seward Highway are zoned Auto Commercial (AC); and
CITY OF SEWARD, ALASKA
RESOLUTION 2025-101
Page 2 of 3
WHEREAS, the segmented zoning created by the preliminary plat will be corrected in a
future Resolution; and
WHEREAS, according to the Kenai Peninsula Borough Floodplain map, all of Tract 5B-
1 and the southwest end and northwest corner of Tract 5B-2 are located within the FEMA-mapped
AE flood zone; and
WHEREAS, development within these areas will require a floodplain permit; and
WHEREAS, both Tracts have access to city electricity but not water or sewer; and
WHEREAS, Tract 5B-1 has access to Hemlock Avenue and Tract 5B-2 has access to the
Seward Highway and Hemlock Avenue; and
WHEREAS, a subdivision agreement will be required with this plat to address the
installation of water and sewer lines to the property; 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 Planning and Zoning Commission reviewed this preliminary plat
on May 6, 2025 and recommended the City Council and Kenai Peninsula Borough approval
through Resolution 2025-017; 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 preliminary plat of
Lot 13, Fort Raymond Subdivision; Tract 5B, Forest Acres Subdivision Levee Replat; Lot B1,
Forest Acres Subdivision Levee Replat; and that portion of US Survey No. 149 described as parcel
number 2; creating Tract 5B-1 and Tract 5B-2, Forest Acres Subdivision, Seward Gateway
Properties
Section 2. This resolution shall take effect immediately upon adoption.
PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 27th
day of October 2025.
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CITY OF SEWARD, ALASKA
RESOLUTION 2025-101
Page 3 of 3
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
THE CITY OF SEWARD, ALASKA
�u•�tl�` CQ_u_,�e.
Sue McClure, Mayor
Barnwell, Calhoon, Osenga, McClure
None
Crites, Draper, Warner
None
Kris Peck
City Clerk
(City Seal)
City Council Agenda Statement
Meeting Date: October 27, 2025
To: City Council
Through: Kat Sorensen, City Manager
From: Planning and Zoning Commission
Subject: Resolution 2025-101: Recommending Kenai Peninsula Borough Approval
of the Preliminary Plat of 1000 Hemlock Avenue, 2500 Laurel Street, 2405
Seward Highway, and 2413 Seward Highway Exchanging an Equal Portion
of City -Owned Land with Privately -Owned Land and Vacating Interior Lot
Lines to Create Two New Parcels to be Known as Tracts 5B-1 and 5B-2,
Forest Acres Subdivision, Seward Gateway Properties
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 proposed plat will subdivide Fort Raymond Subdivision, Lot 13; Forest Acres Subdivision
Levee Replat, Tract 5B and Lot B1; and that portion of US Survey No. 149 described as Parcel
Number 2; creating Tract 5B-1 and Tract 5B-2, Forest Acres Subdivision, Seward Gateway
Properties.
Seward City Code §7.05.120 states that "the City Council may acquire or dispose of an interest in
real property by negotiation, public auction, or sealed bid."
On August 12, 2024, Seward City Council approved Resolution 2024-041 authorizing the City
Manager to negotiate a land swap for a portion of city property located at 1000 Hemlock Avenue
in exchange for a portion of private property located at 2405 Seward Highway. This preliminary
plat is the result of those negotiations and shows the new boundaries of the city -owned property,
Tract 5B-1, and the privately -owned property, Tract 5B-2.
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 proposed plat has access to developed rights -of -way and electricity, but not city water or
sewer. Thus, a subdivision agreement will 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.
On May 6, 2025, the Seward Planning and Zoning Commission reviewed this preliminary plat and
recommended the City Council and Kenai Peninsula Borough approval through Resolution 2025-
017.
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:
Zonin,i: 1000 Hemlock Avenue is zoned Institutional (I), 2500 Laurel Street is zoned Resource
Management (RM), 2405 Seward Highway is zoned Auto Commercial (AC), and 2413 Seward
Highway is zoned Auto Commercial (AC). The segmented zoning created by the preliminary
plat will be corrected in a future Resolution.
Size: Tract 5B-1 will be 8.083 acres and Tract 5B-2 will be 5.716 acres. Tract 5B-1 is 5,755
square feet (0.13 acres) smaller than the combined acreage of the two city -owned properties on
1000 Hemlock Avenue and 2500 Laurel Street because an additional 20' of right-of-way is
being dedicated to Juniper Street.
Utilities: Both Tracts have access to city electricity, but not water or sewer.
Existing Use: Tract 5B-1 is vacant but is utilized as the city snow dump. Tract 5B-2 is vacant.
Access: Tract 5B-1 has access to Hemlock Avenue and Juniper Street. Tract 5B-2 has access to
the Seward Highway and Hemlock Avenue.
Flood Zone: All of Tract 5B-1 and the southwest end and northwest corner of Tract 5B-2 are
located within the FEMA-mapped AE flood zone. The AE flood zone is a high -risk flood zone,
meaning it has a 1% annual chance of flooding, or a 26% chance over a 30-year mortgage.
Construction in these areas will require a floodplain permit.
Comprehensive and Strategic Plan Consistency Information
This legislation is consistent with (citation listed):
Comprehensive Plan: Vol 1, Chapter 2.2.11
• "Promote infill development by encouraging and promoting
construction on vacant sites in areas of the city which are already
established."
Vol 1, Chapter 3.2.1
• "Promote residential and commercial development within the
city of Seward and its vicinity in accordance with community
values."
Strategic Plan: N/A
Other:
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
Attorney Signature:
Not applicable Comments:
Wastewater
Healthcare
Note: amounts are unaudited
Finance Director Signature:
Attorne Review
Administration Recommendation
Adopt Resolution
Other:
I�L"i]L7� ���Y� �. ih r,
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Z111,--3
AIRPORT
Preliminary Plat Application Property Map
Context Map
RES 2025-XXX - Exchanging an equal portion of city -owned land with privately -
owned land and vacating interior lot lines to create two new parcels to be known as
Tracts 5B-1 and 5B-2, Forest Acres Subdivision, Seward Gateway Properties
Location: 1000 Hemlock Ave, 2500 Laurel St, 2405 & 2413 Seward Hwy
Parcel #: 14502601, 14502142, 14502133, 14502140
Context Map
Tract 5B-1
Tract 56-2
Rural Residential
Multi -family Residential
Auto Commercial
Institutional
Industrial
Resource Management
Park
200 feet
Preliminary Plat Application Property Map
RES 2025-XXX- Exchanging an equal portion of city -owned land with privately -
owned land and vacating interior lot lines to create two new parcels to be
known as Tract 56-1 (city -owned) and Tract 5B-2 (privately -owned)
Yellow lines = proposed new parcel boundaries
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
❑J PRELIM WARY 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.
Forest Acres Subdivision -Seward Cutaway Properties
PROPERTY INFORMATION:
Legal Description See attached Sheet
Section, Township, Range The E1/2 OF SEC. 34, T1N, R1W, S.M., AK
General area description South of Resurrection River
City Seward Total Acreage 13.799
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: stacyaaklands.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 + $14.00 Tax = $214.00
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.
2. 3.
1.
KPB 20,30.120
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:
�a
Phone: (90) 744-LAND (5263)
e-mail:
stacyt 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;
_ 1
�/
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;
v"'
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 screams;
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;
�"'
y
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;
S.
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;
1✓
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;
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;
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;
14.
Apparent encroachments, with a statement indicating how the
encroachments will be resolved prior to final plat approval
Subdivision Name: 1 CN 2 S.t RCre SWoof Sekicor-c4 Date
Cq��{e wr-,LY fi x S (e ec «t
AK LANDS
— Land Surveying —
April 9, 2025
City of Seward and
Kenai Peninsula Borough
Subject: Forest Acres Subdivision — Letter of Authorization
PO Box 110485
Anchorage, AK 99515
(907) 744-LAND
aklands@aklands.com
http://aklands.com
To Whom It May Concern:
I, , am the owner (or authorized agent) of Lot B1, Forest Acres Subdivision, Levee
Replat, and the unsubdivided portion of U.S. Survey No. 149, described as Parcel No. 2 per the Warranty
Deed recorded on September 19, 2022, at Serial No. 2022-000966-0. I hereby authorize AK Lands, Land
Surveying LLC to represent me before the City of Seward and the Kenai Peninsula Borough for all matters
related to the platting action, including any necessary KPB Exceptions to code, Right -of -Way dedication,
and all related activities.
g w/
Name
Signature Date
1 of 1
A((RANDS
— Land Surveying —
April 9, 2025
City of Seward and
Kenai Peninsula Borough
Subject: Forest Acres Subdivision — Letter of Authorization
PO Box 110485
Anchorage, AK 99515
(907) 744-LAND
aklands@aklands.com
http://aklands.com
To Whom It May Concern:
I, , am the owner (or authorized agent) of Lot B1, Forest Acres Subdivision, Levee
Replat, and the unsubdivided portion of U.S. Survey No. 149, described as Parcel No. 2 per the Warranty
Deed recorded on September 19, 2022, at Serial No. 2022-000966-0. I hereby authorize AK Lands, Land
Surveying LLC to represent me before the City of Seward and the Kenai Peninsula Borough for all matters
related to the platting action, including any necessary KPB Exceptions to code, Right -of -Way dedication,
and all related activities.
-z�
Signature Date
1 of 1
CERTIFICATE OF OWNERSHIP AND DEDICATION
I HEREBY CERTIFY THAT THE CITY OF SEWARD IS THE OWNER OF THE REAL PROPERTY
OWNER OF
RIGHTS -OF -WAY AND PUBLIC AREAS TO
USE AND
ALL
THE USE SHOWN.
LOT13 FOOTRAOMOND SUB AOO TOALTSBBFOREST ACRES SUBNLEVEE q p�TENIs TO PLAT NO 201,17
GESi 1 "IV
D
L E FEP
5.J
CIN OF SEWARD
SEWARD, AK 99664
AUTHORIZED OFFICIAL SIGNATURE DATE
TITLE PRINTED NAME
NOTARY'S ACKNOWLEDGMENT
FOR
ACKNOWLEDGED BEFORE ME THIS
NOTARY PUBLIC FOR ALASKA
MY COMMISSION EXPIRES:
DAY OF 2025
CERTIFICATE OFFREE CONSENT DEDICATE ALL
RIGHTS -OF -WAY AND POWNEHEREBY ADOPT THIS PLAN OF UBLIC �HICATION
IsignirATTO=FIEFTooP AND DEDIVISION AND BY ICATION EASEMENTS To
PUBLIC USE AD GRANT
LL
THE USE SHOWN.
T 44r U EPUT ED PORTION OF U0 SURVEY NO.140 AND LOT Rn FOREST ACRES S.
4301 REID DR. NW
GIG HARBOR, WA 98335
AUTHORIZED OFFICIAL SIGNATURE DATE
TErlf PRINTED NAME
NOTARYS ACKNOWLEDGMENT
ACKNOWLEDGED BEFORE ME THIS
NOTARY PUBLIC FOR ALASKA
MY COMMISSION EXPIRE,
CERTIFICATE OF ACCEPTANCE
DAY OF 2025
THE UNDERSIGNED OFFICIAL IDENTIFIED BY NAME AND TITLE IS AUTHORIZED TO
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
AUTHORIZED OFFICIAL SIGNATURE DATE
TITLE PRINTED NAME
PLAT APPROVAL
T,I.o.11,SAmpTor,,,,I1,,,,r,IATEOZ or THE KENAI PENINSULA BOROUGH PLANNING
KENAI PENINSULA BOROUGH
AUTHORIZED °FECAL SIGNATURE
Fr ` FF2
I
( MTAA,DCOTOrl
PLAT NO. SW2P6-2)
41
[RURAL RESIDENTIAL]
1
1
PP
[RESOURCE MANAGEMENT)
TRACT SC
FOREST ACRES SUB.
1
\A / relep
FOREST
PLAT I NOWILLIAMs�sws4 I , [MULTI FAMILY RESIDENTIAL)
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00
PLAT NO SWIl
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PLAT NO. SW26-e
LEGEND
[PARK)
Russ OF AV DEDICATION
fPLAT NO. 202,9.
—
(INSTITUTIONAL)
O FOUND/SET MONUMENT AS DESCRIBED-0-POWER POLE
0 FOUND 5/8'' REBAR, BENT, MEASURED TO POE
srAMPEo a4"reuow PLASTIC CAP
♦ NOTHING FOUND ORSET
sEr 1-1/4'. YELLOW PLASTIC CAP AK LAND
0 STAMPFLUSH WITH GRADE 34 ,115109817
(M) M.U0ED BEARING AND/OR DISTANCE
/n COMPUTED BEARING AND/OR DISTANCE
(N) HELD BLARING AND/OR DISTANCE
05000 EERPLATSWIBB6-1D
(LA) RECORD PER PLAT NO.20127
NI RECOVERED
DTP DEDICATED THIS PLAT
C— GUY ANCHOR
® ELECTRICAL mETEa
pELECTRICAL VTRANSFORMER
0 TELECOM I5<AL
FIRE HYDRANT
® POST
SIG
X FENCE
P EDGE OF ASPHALT
FEMA FLOOD ONE
OHP.— OVER HEAD POWER
SEWER UNDERGROUND GIS
[CITY OFSEWARDZONING) WATER UNDERGROUND GIS
[RESOURCE MANAGEMENT)
EASEMENT LANE DATA
LINE
ES
BEARING
DISTAJA LE
S6 WO,
1.90 tall
422s]' tan
67'lav
1D.ou(Ps)
ZYggr
7.19
10.54
54,R11
Ell
25 8'w11
1.5.55. in)
89.]r)Rl/
n'IR11
o . Ian
26 .44' Ian
LOT
/
/
/
/
N
7
MONUMENT DETAILS
1.373.38
AM3
FOUND LIN MONUMENT
M SCARREDSE
H sia'' X30 NEBAR
FLUSH WITH GRADE
FOUND 3-1/4•ALCAP
IN MONUMENT CASE
0 4' BELOW RIM
GOOD CONDITION
ON FOUND 'AR620 P1.3' BELOW GRADE.
FOUND OP
o yJa1.BEWGRADE
ILLEGIBLE
26
0R
VICINITY MAP SCALE. 1"-1/2 MILE
NOTES:
1 THIS PROJECT IS LOCATED WITHIN ALASKA STATE PLANE ZONE 4 NAD 83 ALL
1,:=ELA,Rt.,GZIg ::,,,S,TA,N2SXN44..COMBINED SCALE FACTOR OF
2 NO EASEMENTS VACATED THIS PLAT
3 ZONING INFORMATION, UNDERGROUND WATER. AND SEWER LINES AND ARE FROM
THE CITY HAM LNAOLaaEBAPSEREDLnD((NATIONAL MIC)OwOAONAPRIL 4, 2025 AND BEST FIT TO THE KENAI PENINSU. BOROUGH PARCEL DATA
7,%MnrNrnnccuaaVS N0000STREFULL
UTILITY EASEMENT LOCATED ON TRACT Bl, PER PLAT 2012-17 HAS BEEN
VACATED PER KENAI PENINSULA BOROUGH PLANNING COMMISSION RESOLUTION
2019-25.
8 THIS PROPERTY IS SUBJECT TO RI,ERVATIONS AND EXCEPTIONS AS CONTAINED IN
11. LOTS WITHIN THIS SUBDIMSION MAY BE LOCATED WITHIN A DESIGNATED FLOOD
HAZARD AREA; IF SUCH IS THE CASE, DEVELOPMENT MUST COMPLY WITH TITLE 15
12. PEIPEEVA ONOF HEDPROPER,'MAYBEREQ IR RIOROCONST/ CTIONINE
120(STREET WIDTH
REQUIEMENTS1 BYTTlHE KPe PUTCOMITTEE MEETING OFF 2025.
SURVEYOR'S CERTIFICATE
SSEL, PROFESSIONAL LAND SURVEYOR, HEREBY CERTIFY THAT I AM
SUPERVISION THAT THE MONUMENTS SHOWN HEREON ACTUALLY MST DESCRIBED
AND THAT ALL DIMENSIONS AND OTHER DETAILS ARE CORRECT
PRELI
PLAT
Plat of
FOREST ACRES SUBDIVISION
SEWARD GATEWAY PROPERTIES
CREATING TRACT 50-1 AND TRACT 5B-2
CONTAINING 13 799 ACRES
A SUBDIVISION OF:
LOT B1,T-CFRVSTFgrEFStASVUTNSVDI'LV,I/VETEPILATTIV°2012-17
LOCATED WITHIN THE E1/2 OF SECTION 34,T1N,R1WSM,AK
OWNER tiRACI-S1
nBnFB==t.R)
GI, HARBOR O,
AK Lands, Land 5unaeying LLC
(1APO Box —LANDS By,.>YhR aklands@eklandstom
I$OTI 744 uxD
Date:ovs D2s ISPAW Pcale:1" 00
Date of Survey:IAN. 15-1], 2025
sheet 10f 1
Field Book: 12/65-71 1 PPP No. N/A
P EN /A,s,
cP
a 8 O U 144 N. Binkley Street, Soldotna, Alaska 99669 • (907) 714-2200 • (907) 714-2378 Fax
Planning Department
EXCEPTION REQUEST APPLICATION
NAME OF PRELIMINARY PLAT OR PLANNING COMMISSION ITEM:
PROPERTY INFORMATION:
legal description: See attached
General area location: South of Resurrection River
20.50.010. - EXCEPTIONS TO REGULATIONS —PROCEDURE —COMMISSION AUTHORITY.
A. Unless prohibited under this title, the commission may authorize exceptions to any of the requirements set forth
in this title. Application for an exception shall present the commission with substantial evidence, justifying the
requested waiver or exception stating fully the grounds for the application and the facts relied upon. The
commission shall make findings of fact meeting the following standards before granting any exception:
1. That special circumstances or conditions affecting the property have been shown by application;
2. That the exception is necessary for the preservation and enjoyment of a substantial property right and is
the most practical manner of complying with the intent of this title;
3. That the granting of the exception will not be detrimental to the public welfare or injurious to other property
in the area in which said property is situated.
B. Where a design requirement of this title is addressed by a zoning regulation adopted by the borough assembly
or city council, the variance procedures of the applicable zoning code shall be utilized in lieu of the exception
procedures.
C. All exceptions must be requested and granted at the time of preliminary plat approval. Exceptions may not be
requested with a final plat submittal.
D. Upon reconsideration of a plat committee decision following the procedure in KPB 20.25.120, an appeal of a
decision of the planning commission made under this section shall be taken to the
SUBMITTAL REQUIREMENTS
Identify the exceptions requested including the section identifier of KPB code. Provide evidence justifying the
requested exceptions that fully states the grounds for the exception request, and the facts relied upon. A
letter can be attached to this application.
FOR OFFICE USE ONLY
RECEIVED BY
DATE SUBMITTED KPB FILE #
((kAN DS
—Land Surveying
April 8, 2025
City of Seward
Planning Commission
410 Adams St.
Seward, AK 99664
Subject: Forest Acres Subdivision — Seward Gateway Properties - KPB exception Request
Dear City of Seward and Kenai Peninsula Borough Officials:
PO Box 110485
Anchorage, AK 99515
(907) 744-LAND
aklands@aklands.com
http://aklands.com
On behalf of AK Lands, the City of Seward, and Mr. Travis Maurer, I am pleased to submit this request for a replat
that will consolidate four existing parcels into two new lots within the City of Seward. The City of Seward currently
owns Lot 13 of the Fort Raymond Subdivision and Tract 5B of the Forest Acres Subdivision Levee Replat. Mr.
Maurer owns Lot B-1 of the Forest Acres Subdivision Levee Replat, as well as the unsubdivided portion of land
situated between Lot 13 and Lot B-1.
These parcels are largely undeveloped, consisting of gravel surfaces with some grading. Mr. Robert Williams, a
developer, is collaborating with Mr. Maurer on this project. The City and Mr. Maurer seek to reconfigure their
respective properties through a land swap designed to benefit both parties. The proposed reconfiguration will
consolidate Lot 13, the unsubdivided land, Tract B-1, and Tract 5B into two lots. Tract 5B will be absorbed into the
newly configured City -owned lot, which will be utilized as a snow dump. The second newly created lot will be
slated for future development by Mr. Maurer and Mr. Williams, likely involving a further subdivision into multiple
lots for housing.
This subdivision plan will include dedicating a portion of the right-of-way (ROW) along Juniper Street and
requesting an Exception to KPB code 20.30.120 Right of Way Widths.
Responses to KPB Exception Criteria
Under KPB Code, requests for an exception must satisfy the following three criteria:
• Special Circumstances or Conditions Affecting the Property
o Laurel Street was initially established with a narrower ROW under earlier plats (17 & 2012-17)
o The road is not a main thoroughfare, primarily serving one multifamily property, and two large
tracts zoned for resource management.
o Expanding the ROW to the full 60-foot standard would require an additional five-foot dedication
at this time, and potentially another ten -foot dedication if the private landowner decides to
further subdivide in the future. Requiring multiple dedications from different property owners
does not align with current use patterns or projected traffic needs.
• Necessity for Preservation and Enjoyment of a Substantial Property Right; Practical Manner of
Complying with the Title
o The proposed ROW configuration preserves developable acreage and minimizes unnecessary
encumbrances on private property (west) and City -owned property (east).
o Requiring the full 60-foot ROW may impose a significant burden with minimal public benefit,
especially given the low -traffic nature and limited length of Laurel Street.
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• No Detrimental Impact on Public Welfare or Adjacent Properties
o Reduced ROW width along Laurel Street has been granted in previous subdivisions (2012-17)
without adverse effects on public welfare or neighboring parcels.
o The area's flat terrain and modest traffic do not warrant a standard 60-foot ROW.
o Future utility installations can be adequately accommodated within the current ROW width.
Conclusion
We appreciate your consideration of this replat and our request for an exception under KPB Code 20.30.120. The
proposed land swap and ROW configuration will facilitate the City of Seward's operational needs —such as creating
a new snow dump —while enabling Mr. Maurer's and Mr. Williams's plans for future development. We believe the
proposed replat and associated ROW exceptions serve both private and public interests. The flat terrain, minimal
traffic, and absence of existing utility infrastructure —coupled with prior plat exceptions —confirm that strict 60-
foot ROW compliance is unnecessary. Granting this request will allow the property to be responsibly developed
without compromising public safety or welfare.
Thank you for your time and consideration. Please contact me with any questions or if further information is
needed.
AK Lands, Land Surveying by
Stacy Wessel, Professional Land Surveyor
Attachments: Plat 2012-17
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