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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. 1 1 1 i L L 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, 3 tit'. z 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) r' ' I � --� i I1\00 / �'1 , 5 I u I F aS. 1 M ; PLAT ; W, L .., I TI II / — — � —rx NN / N Ewe:; 00 PLAT NO SWIl CC-1 I 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. Page 1 of 2 • 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 2 of 2