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HomeMy WebLinkAbout09012026 Planning & Zoning PacketPlanning & Zoning Commission Meeting Packet Regular Meeting Tuesday, September 1, 2026 Council Chambers, City Hall 7: 00 p.m. 1963 1965 2005 kintual All-Amenca City 1 I I.. The City of Seward, Alaska PLANNING & ZONING COMMISSION REGULAR MEETING AGENDA City Council Chambers, 410 Adams Street Please silence all cell phones and devices during the meeting Chair Clare Sullivan Vice Chair Brenan Hornseth Commissioner Nathaniel Charbonneau Commissioner Vanessa Verhey Commissioner Rhonda Hubbard Commissioner Andrew Wilder Commissioner Tyna Siptrott Community Development Director Daniel Meuninck City Planner Courtney Bringhurst Executive Assistant Jamie Crocker Deputy City Clerk Jodi Kurtz September 1, 2026 at 7:00 p.m. 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. PUBLIC COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING (Those who have signed in will be given the first opportunity to speak. Time is limited to 3 minutes per speaker and 36 minutes total time for this agenda item.) 5. APPROVAL OF AGENDA AND CONSENT AGENDA (Approval of Consent Agenda passes all routine items listed under Item 6. Consent Agenda items are not considered separately unless a commissioner requests. No second or vote is needed. In the event of such a request, the item is returned to the Regular Agenda. Marked with *) 6. CONSENT AGENDA A. Minutes of Preceding Meeting 1)* Approve August 4, 2026 Planning & Zoning Commission Meeting Minutes 5 7. SPECIAL ORDERS, PRESENTATIONS, AND REPORTS A. Proclamations and Awards - None B. City Administration Report C. Other Reports and Announcements - None D. Presentations (Presentations are limited to ten minutes each, excluding Q&A, and are limited to two per meeting unless increased by the commission.) - None 8. PUBLIC HEARINGS (Chair shall ask if any commissioner needs to declare a conflict of interest at this time. Public hearing comments are limited to five (5) minutes per person. After all speakers have spoken, a person may speak for a second time for no more than one (1) minute.) A. Resolutions Requiring Public Hearing Planning & Zoning Commission Meeting Agenda September 1, 2026 2 1) Resolution 2026-010 of the Planning and Zoning Commission of the City of Seward Alaska, granting Thomas Loertscher a variance from the front yard setback requirement in Seward City Code 15.10.220, reducing the required setback from 20 feet to 10 feet for the properties located at 1600 and 1602 Harold Avenue in the Single -Family Residential (R-1) zoning district 9 *Quasi-judicial item. Commissioners may not discuss it with the applicant, other commissioners, or the public. Comments must be emailed to the City Clerk or provided during the meeting's public comment period. 2) Resolution 2026-011 of the Planning and Zoning Commission of the City of Seward, Alaska, recommending Kenai Peninsula Borough approval of the preliminary plat of Lot 5B-1, Forest Acres and Fort Raymond Subdivision, Seward Gateway Properties; creating Lots 1-4, Forest Acres and Fort Raymond Subdivision, Seward Gateway Properties Phase 2 29 *Quasi-judicial item. Commissioners may not discuss it with the applicant, other commissioners, or the public. Comments must be emailed to the City Clerk or provided during the meeting's public comment period. 3) Resolution 2026-012 of the Planning and Zoning Commission of the City of Seward, Alaska, recommending City Council and Kenai Peninsula Borough approval of the preliminary plat of Tract H, Seward Original Townsite, Waterfront Park Replat; creating Tract H1, Waterfront Park Replat with associated vacations and dedications .47 *Quasi-judicial item. Commissioners may not discuss it with the applicant, other commissioners, or the public. Comments must be emailed to the City Clerk or provided during the meeting's public comment period. 4) Resolution 2026-013 of the Planning and Zoning Commission of the City of Seward, Alaska, recommending City Council amend Seward City Code § 16.01 and § 16.05 to clarify public improvement requirements when subdividing, developing, or selling land ..62 *Legislative item. Commissioners may discuss it with the public. Comments may also be emailed to the City Clerk or provided during the meeting's public comment period. 9. UNFINISHED BUSINESS A. Resolutions - None 10. NEW BUSINESS A. Resolutions - None B. Other New Business 1) Discuss work session topic for September 15, 2026. 11. INFORMATIONAL ITEMS AND REPORTS (No action required.) Planning & Zoning Commission Meeting Agenda September 1, 2026 3 A. Reminder of upcoming P&Z Meetings 1) Work Session on Tuesday, September 15, at 6:00 pm in Council Chambers at City Hall. 2) Work Session on Tuesday, October 20, at 5:30 pm in Council Chambers at City Hall. 3) Regular meeting rescheduled to Tuesday, October 20, at 7:00 pm in Council Chambers at City Hall. 12. FINAL PUBLIC COMMENTS (There is no sign -in for this comment period. Time is limited to five (5) minutes per speaker.) 13. ADMINISTRATION AND COMMISSION COMMENTS AND RESPONSES TO PUBLIC COMMENTS 14. EXECUTIVE SESSION - None 15. ADJOURNMENT Planning & Zoning Commission Meeting Agenda September 1, 2026 4 City of Seward, Alaska Planning & Zoning Commission Meeting Minutes August 4, 2026 Volume 8, Page CALL TO ORDER The August 4, 2026, regular meeting of the Planning & Zoning Commission was called to order at 7:00 p.m. by Chair Clare Sullivan. PLEDGE OF ALLEGIANCE Commissioner Nathaniel Charbonneau led the Pledge of Allegiance. ROLL CALL There were present: Clare Sullivan, presiding, and Brenan Hornseth Nathaniel Charbonneau Vanessa Verhey Rhonda Hubbard Andrew Wilder Tyna Siptrott comprising a quorum of the Commission; and Daniel Meuninck, Community Development Director Jamie Crocker, Executive Planning Assistant Kris Peck, City Clerk Excused — Wilder Absent — None Vacant — None PUBLIC COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING — None APPROVAL OF AGENDA AND CONSENT AGENDA Motion (Charbonneau/Hornseth) Approval of Agenda and Consent Agenda Hubbard noted a correction for spelling Ken Warner in the meeting minutes. Motion Passed Unanimous The clerk read the following approved consent agenda items: Approve July 7, 2026, Planning & Zoning Commission Meeting Minutes 5 City of Seward, Alaska Planning & Zoning Commission Meeting Minutes August 4, 2026 Volume 8, Page SPECIAL ORDERS, PRESENTATION, AND REPORTS Proclamations and Awards — None City Administration Report Community Development Director Daniel Meuninck said the City Planner Courtney Bringhurst would be out for two weeks. He updated the Commission on the city budgets, the updated mural maps, and the Historic Walking Tour sites around town. Meuninck also floated some topics for the next work session and noted the Seward Seat on the Kenai Peninsula Borough Planning Commission is still available. Hubbard asked if anything was on the wish list for the Community Development budget. Meuninck responded that the wayfinding services around Seward was a priority. He described how wayfinding would benefit visitors in Seward. The Commission and Meuninck continued to discuss the budget, a potential code enforcement officer, and signage for the pedestrian underpass along the Seward Highway. Other Reports and Announcements Report — None Presentations — None PUBLIC HEARINGS Resolutions Requiring Public Hearing Resolution 2026-009, of the Planning and Zoning Commission of the City of Seward Alaska, granting a conditional use permit to Major Marine Tours LLC to construct a third employee bunkhouse on Tract B, Leirer Industrial Subdivision, at 1804 Leirer Road within the Industrial (I) Zoning District [Quasi-judicial item. Commissioners may not discuss any items about this Resolution with the applicant, other commissioners, or the public] Motion (Charbonneau/Hornseth) Approve Resolution 2026-009 Meuninck summarized the proposed bunkhouse including occupancy, dimensions, parking, and development requirements. He referred to photos in the meeting packet. Colby Lawrence, applicant, spoke on behalf of Major Marine Tours. Lawrence summarized their ongoing efforts to create employee housing. These bunkhouses contributed to easing the housing crunch by creating these units for MMT seasonal employees. He noted the bunkhouses had contributed to a high return rate of employees. The employees enjoyed a fun summer with the gardening and socializing opportunities. 6 City of Seward, Alaska Planning & Zoning Commission Meeting Minutes August 4, 2026 Volume 8, Page [Lawrence had 8:00 minutes remaining to use after the public hearing.] Notice of the public hearing being posted and published as required by law was noted and the public hearing was opened. No one appeared and the public hearing was closed. Hubbard asked about square footage. Lawrence clarified it was two people per unit and each unit had their own restroom. There were two kitchens in this bunkhouse to accommodate demand for cooking. Sullivan liked the courtyard feel of the employee housing. She noted the third bunkhouse would provide a nice noise buffer. Hubbard questioned the setbacks adjacent to the street. Meuninck verified it was compliant for the industrial subdivision. The 10' setback was a special provision for that particular area. The Commission and Lawrence discussed how this bunkhouse would be a cookie cutter of the previous ones. This would also be the last one as there wasn't room for a fourth bunkhouse. Motion Passed Unanimous UNFINISHED BUSINESS — None NEW BUSINESS Other New Business Discuss work session topic for August 18, 2026 The next work session topics will be: Review draft of the Conditional Use Permit (CUP) Application and Code update Develop a Future Land Use Map draft for the Comprehensive Plan update INFORMATIONAL ITEMS AND REPORTS Reminder of upcoming P&Z Meetings Work Session on Tuesday, August 18, at 6:00 pm Regular meeting on Tuesday, September 1, at 7:00 pm FINAL PUBLIC COMMENTS — None City of Seward, Alaska Planning & Zoning Commission Meeting Minutes August 4, 2026 Volume 8, Page ADMINISTRATION AND COMMISSION COMMENTS AND RESPONSES TO PUBLIC COMMENTS Charbonneau thanked everyone. Hubbard noted a recent CUP where there were people who said they didn't hear about it. She wondered if bigger issues might warrant more public notice. It would have been nice to make sure the public had full awareness. Sullivan thanked Community Development for all their hard work including the newsletter. She thanked the Major Marine Tours for providing seasonal housing for employees. ADJOURNMENT The meeting was adjourned at 7:31 p.m. Kris Peck Clare Sullivan City Clerk Chair 8 Planning and Zoning Agenda Statement Meeting Date: September 1, 2026 To: Planning and Zoning Commission Through: Daniel Meuninck, Community Development Director From: Courtney Bringhurst, AICP, Planner Agenda Item: Resolution 2026-010 of the Planning and Zoning Commission of the City of Seward, Alaska, granting Thomas Loertscher a variance from the front yard setback requirement in Seward City Code §15.10.220, reducing the required setback from 20 feet to 10 feet for the properties located at 1600 and 1602 Harold Avenue in the Single -Family Residential (R1) zoning district Background and justification: Thomas Loertscher has submitted an application requesting a variance from the 20-foot front yard setback requirement to allow the construction of two single-family dwellings with a 10-foot setback from Harold Avenue on the properties located at 1600 and 1602 Harold Avenue. The properties are legally described as Lots 23 and 24, Block 2, Bayview Addition. The applicant proposes to construct one single-family dwelling on each lot for use as long-term rental housing. Both properties are currently vacant and undeveloped. The properties are located within the Single -Family Residential (R1) zoning district and are each approximately 4,500 square feet in size. Because the lots front the platted Harold Avenue right-of- way, the 20-foot front yard setback is measured from the Harold Avenue property lines. However, this portion of Harold Avenue exists only as a platted right-of-way and has not been constructed or developed for public access. The right-of-way crosses an extremely steep rock face on the slope of Mount Marathon, making its future construction difficult and potentially cost -prohibitive. Due to these significant topographic constraints, it is unlikely that this portion of Harold Avenue will be developed as a functioning street. The east side of the properties borders a platted but undeveloped alley. Although the alley has not been constructed, the applicant proposes to maintain a minimum 20-foot setback from the alley for development on both 1600 and 1602 Harold Avenue. Access to the proposed dwellings would be provided from Aialik Street via a private driveway entering just to the north of the alley. This layout would orient the dwellings toward the existing access route while allowing them to be located closer to the steep mountainside and the undeveloped Harold Avenue right-of-way. The applicant has indicated that locating the dwellings closer to Harold Avenue would allow for more practical driveway approaches and provide more usable yard area between the proposed homes and the existing residence at 1601 Bayview Place. According to the application, the proposed configuration would provide greater flexibility for daylight -basement foundations, front decks, and building designs that respond to the sloping terrain and take advantage of the views. 9 Seward City Code defines a variance as a mechanism to provide relief when the literal enforcement of the zoning regulations would deprive a property owner of the reasonable use of their real property. In this case, the applicant asserts that the small size of the lots, the steep mountainside terrain, and the presence of an undeveloped and likely impractical right-of-way along the designated fronts of the properties create circumstances that are peculiar to these properties. These conditions were not created by the applicant and affect the practical placement and orientation of the proposed dwellings. The proposed single-family dwellings are permitted uses within the R1 zoning district. The variance request is limited solely to reducing the required front yard setback along Harold Avenue from 20 feet to 10 feet. The applicant proposes to maintain a minimum 20-foot setback from the alley, providing additional separation from the existing access route and neighboring residences. Granting the variance would not authorize a use that is otherwise prohibited within the zoning district or relieve the applicant from complying with other applicable development requirements. The public notification process was completed in accordance with Seward City Code § 15.01.040, and all required public hearing and notice requirements have been satisfied. Prior to granting a variance, the Commission shall establish that the use satisfies the following conditions as listed in SCC §15.10.325(D): 1. The proposed action must be consistent with all of the general conditions required for a conditional use permit: a. The use is consistent with the purpose of this chapter and the purposes of the zoning district; b. The value of the adjoining property will not be significantly impaired; c. The proposed use is in harmony with the comprehensive plan; d. Public services and facilities are adequate to serve the proposed use; e. The proposed use will not be harmful to the public safety, health or welfare; 2. Special conditions and circumstances exist which are peculiar to the land or structures involved and which are not applicable to other lands and structures in the same district; 3. The special conditions and circumstances have not been caused by actions of the applicant; 4. Financial hardship or inconvenience shall not be a reason for granting a variance; 5. Other nonconforming land use or structures within the district shall not be considered grounds for granting a variance; 6. A variance shall be the minimum variance necessary to permit the reasonable use of the land or structure; and 7. A variance shall not be granted which will permit a land use in a district in which that use 10 is otherwise prohibited. Surrounding Land Use and Zoning: Development Requirements: The single-family residential zoning district requires a minimum front yard setback of 20 feet. Side yards must be a minimum of 5 feet each, with a combined minimum side yard setback of 15 feet. A minimum 10-foot side yard setback is required where a side yard abuts a street. The minimum rear yard setback is 10 feet. Primary structures may be up to 38 feet in height, while accessory structures are limited to 20 feet. Maximum lot coverage is 35 percent. The applicant is requesting a variance to the front yard setback. The proposed development would meet all other requirements. Surrounding Land Use: The property is primarily surrounded by vacant, undeveloped land. An existing single-family residence is located immediately to the east, with a shed that encroaches into the undeveloped alley. Additional single-family residences are located farther to the north. Properties directly to the north and southeast are vacant and zoned for single-family residential use. The property to the southwest was recently approved for development as a recreational resort, which will include further development and improvements to the Aialik Street right-of-way. Floodplain Status: According to the Kenai Peninsula Borough Floodplain Map, the property is not located within a Special Flood Hazard Area (SFHA). The property is mapped within FEMA Flood Zone X. Utilities: Public infrastructure and services are not currently available to serve the property and would need to be extended as part of future development. Required improvements are anticipated to include extensions of public water and sewer service, electrical service, and roadway access. The feasibility, location, and cost of these extensions would be evaluated as part of the development and building permit process. Parking: Pursuant to Seward City Code § 15.10.215, a minimum of two off-street parking spaces is required for each dwelling unit. Comprehensive and Strategic Plan Consistency Information This legislation is consistent with (citation listed): Comprehensive Vol 1, Chapter 3.2.1.2 Plan: • "Expand the opportunity for affordable, diverse, year-round housing through appropriate land use regulations." Vol 1, Chapter 3.3.1 • "Encourage the development of new housing in Seward." Vol 1, Chapter 3.3.1.1 • "Support a range of housing choices that meet the needs of people in various income and age groups." Strategic Plan: N/A 11 Department Comments No Comment N/A Building Department No concerns Fire Department No objection to the setback change. A street sign will need to be placed on the road being used to access the properties for emergency response. Public Works Department No objection to the setback change, however, if the alley is ever developed, utilizing alleys as primary access streets is problematic for maintenance and emergency response. Harbor Department X Police Department Agrees with comments made by the Fire Dept and Public Works Dept. Electric Department No objection to the setback change. There are overhead electric lines in the alley. Telecommunications X Property owners within three hundred (300) feet of the proposed land use amendment were notified of this public hearing. Public notice signs were posted on the property and all other public hearing requirements of Seward City Code § 15.01.040 were complied with. At the time of this publication, the Community Development Department has received public inquiries. If any correspondence is received after publication of this agenda statement, it will be submitted to the Commissioners for their review. The proposed use is permittable through the Variance process, which allows the Commission the opportunity to ensure that the use is consistent with the purpose of the zoning district and surrounding land uses, is in harmony with the Comprehensive Plan, and will not be harmful to the public safety, health, or welfare. 12 Sponsored by: Applicant Public Hearing: September 1, 2026 CITY OF SEWARD, ALASKA PLANNING AND ZONING COMMISSION RESOLUTION 2026-010 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF SEWARD, ALASKA, GRANTING THOMAS LOERTSCHER A VARIANCE FROM THE FRONT YARD SETBACK REQUIREMENT IN SEWARD CITY CODE §15.10.220, REDUCING THE REQUIRED SETBACK FROM 20 FEET TO 10 FEET FOR THE PROPERTIES LOCATED AT 1600 AND 1602 HAROLD AVENUE IN THE SINGLE- FAMILY RESIDENTIAL (R1) ZONING DISTRICT WHEREAS, Thomas Loertscher has applied for a variance to reduce the required front yard setback from 20 feet to 10 feet for the properties located at 1600 and 1602 Harold Avenue; and WHEREAS, the applicant proposes to construct one single-family dwelling on each property for use as long-term rental housing, which is a permitted use within the Single -Family Residential (R1) zoning district; and WHEREAS, the properties are small, undeveloped lots located on the steep slope of Mount Marathon and are significantly constrained by the existing topography; and WHEREAS, Harold Avenue establishes the front lot lines of the properties but exists only as a platted right-of-way in this location and has not been developed for public access; and WHEREAS, the steep terrain within the Harold Avenue right-of-way makes its future development difficult and unlikely; and WHEREAS, the rear of the properties is adjacent to an undeveloped alley; and WHEREAS, the applicant proposes to maintain a 20-foot setback from the undeveloped alley while locating the dwellings closer to the undeveloped Harold Avenue right-of-way; and WHEREAS, the proposed configuration would allow for more practical driveway access, accommodate the sloping terrain, provide more usable yard area, and increase the separation between the proposed dwellings and the existing residences across the alley; and WHEREAS, the variance is limited to reducing the required front yard setback along Harold Avenue and would not authorize a use otherwise prohibited within the R1 Zoning District; and WHEREAS, Seward City Code § 15.10.325 allows the Commission to issue variances when the literal enforcement of Title 15 would deprive a property owner of the reasonable use of their real property, provided certain requirements and conditions are met; and WHEREAS, the public notification process was complied with and the appropriate public hearing, as required by Seward City Code § 15.01.040. 13 PLANNING AND ZONING COMMISSION RESOLUTION 2026-010 Page 2 of 5 NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF SEWARD, ALASKA: Section 1. According to SCC 15.10.325, it is recognized that there are some requirements when the literal enforcement would deprive a property owner of the reasonable use of their property The commission may allow for a relaxation of the requirements if the following conditions are met. According to SCC 15.10.325.D., the Commission shall establish a finding that the use satisfies the following conditions prior to granting a variance: A. The use is consistent with the purpose of this chapter (the Seward Zoning Code) and the purposes of the zoning district. Finding: The proposed use is consistent with the purpose of the Seward Zoning Code and the Single -Family Residential (R1) zoning district. The applicant proposes to construct one single-family dwelling on each of the two lots for use as long-term rental housing. Single- family dwellings are permitted uses within the R1 district, and the requested variance applies only to the required front yard setback along Harold Avenue, reducing it from 20 feet to 10 feet. All other applicable development requirements are proposed to be met. B. The value of adjoining property will not be significantly impaired. Finding: The value of adjoining property is not anticipated to be significantly impaired. The requested setback reduction is adjacent to the undeveloped Harold Avenue right-of- way and would allow the proposed dwellings to be positioned farther from the alley and the existing residences on the east side of the alley. The applicant proposes to maintain at least a 20-foot setback from the alley, increasing separation between the proposed dwellings and nearby residences. C. The proposed use is in harmony with the Seward Comprehensive Plan. Finding: This condition has been met. The proposal is in harmony with the Seward 2030 Comprehensive Plan. Seward Comprehensive Plan (approved by Council, May 30, 2017) Plan statements that are in harmony with this application: Vol 1, Chapter 3.2.1.2 • "Expand the opportunity for affordable, diverse, year-round housing through appropriate land use regulations." Vol 1, Chapter 3.3.1 • "Encourage the development of new housing in Seward." Vol 1, Chapter 3.3.1.1 14 PLANNING AND ZONING COMMISSION RESOLUTION 2026-010 Page 3 of 5 • "Support a range of housing choices that meet the needs of people in various income and age groups." D. Public Services and facilities are adequate to serve the proposed use. Finding: Public services and facilities can adequately serve the proposed use subject to the extension and provision of required infrastructure as part of development. Public water, sewer, electrical service, and roadway access are not currently available to fully serve the properties and will need to be extended or provided as part of future development. The feasibility and location of these improvements will be evaluated through the development and building permit process. E. The proposed use will not be harmful to the public safety, health or welfare. Finding: The proposed use is not anticipated to be harmful to public safety, health, or welfare. Single-family residential development is a permitted use in the R1 district, and the variance affects only the front yard setback adjacent to an undeveloped right-of-way. The proposed configuration maintains greater separation from the alley and neighboring residences. The Building Department reported no concerns, and the Fire, Public Works, and Electric Departments reported no objection to the setback change. Fire and Police identified the need for a street sign on the road used to access the properties for emergency response. Public Works also noted that utilizing alleys as primary access streets can present maintenance and emergency -response concerns. F. Special conditions and circumstances exist which are peculiar to the land or structures involved and which are not applicable to other lands and structures in the same district. Finding: Special conditions and circumstances exist that are peculiar to these properties. Each lot is approximately 4,500 square feet and is located on the steep slope of Mount Marathon. The designated front of each lot abuts the platted Harold Avenue right-of-way; however, this portion of Harold Avenue has never been constructed and crosses an extremely steep rock face, making future street construction difficult and potentially cost - prohibitive. The combination of the lots' small size, steep terrain, and undeveloped Harold Avenue right-of-way creates circumstances affecting the practical placement and orientation of development that are peculiar to these properties. G. The special conditions and circumstances have not been caused by actions of the applicant. Finding: The special conditions and circumstances were not caused by actions of the applicant. The properties are currently vacant and undeveloped. The steep mountainside terrain, small lot configuration, and platted but undeveloped Harold Avenue right-of-way are pre-existing physical and platting conditions. 15 PLANNING AND ZONING COMMISSION RESOLUTION 2026-010 Page 4 of 5 H. Financial hardship or inconvenience shall not be a reason for granting a variance. Finding: The variance is not being requested or justified on the basis of financial hardship or inconvenience. Rather, the request is based upon the physical characteristics of the properties, including their small size, steep mountainside terrain, and the undeveloped Harold Avenue right-of-way. I. Other nonconforming land use or structures within the district shall not be considered grounds for granting a variance. Finding: The requested variance is not based upon the existence of other nonconforming uses or structures within this area or zoning district. The justification for the variance is based specifically upon the physical and access conditions affecting Lots 23 and 24, including their size, steep terrain, and the undeveloped Harold Avenue right-of-way.. J. A variance shall be the minimum variance necessary to permit the reasonable use of the land or structure. Finding: The requested variance is limited to reducing the required front yard setback along the undeveloped Harold Avenue right-of-way from 20 feet to 10 feet. No variance from the permitted use or other development requirements is requested, and the proposed development would meet all other applicable zoning requirements. The 10-foot reduction allows the dwellings to be positioned in response to the steep terrain while maintaining a minimum 20-foot setback from the alley, providing greater separation from the existing neighboring residences. Accordingly, the requested relief is narrowly tailored to the particular site constraint and represents the minimum variance identified in the application as necessary to permit reasonable development of the properties. K. A variance shall not be granted which will permit a land use in a district in which that use is otherwise prohibited. Finding: Granting the variance will not permit a land use that is otherwise prohibited in the R1 zoning district. The proposed development consists of two single-family dwellings, one on each lot, which is a permitted use in the Single -Family Residential (R1) district. The variance is limited solely to reducing the required front yard setback along Harold Avenue from 20 feet to 10 feet and does not authorize any otherwise prohibited land use. Section 2. Any and all specific conditions deemed necessary by the Commission to fulfill the above -mentioned conditions shall be met by the applicant. Approval of the variance shall be subject to the following conditions: 16 PLANNING AND ZONING COMMISSION RESOLUTION 2026-010 Page 5 of 5 1. Prior to issuance of a building permit, the applicant shall coordinate with the Public Works and Seward Electric Departments to determine appropriate locations for water, sewer, electrical service, and other required utilities. 2. Prior to occupancy, the applicant shall ensure that each dwelling is appropriately addressed and signed to clearly identify the property and its access route for emergency response. 3. Prior to issuance of a building permit, the private driveway access from Aialik Street shall be reviewed and approved by the appropriate City departments to ensure adequate access for emergency response, utilities, and City services. Section 3. Per Seward City Code §15.10.325(F) an approved variance shall lapse six months from the date of approval if the use for which the permit was issued has not been implemented or a building permit obtained. The Commission may grant a six-month extension upon finding that circumstances have not changed sufficiently since the date of initial permit approval. Section 4. The Planning and Zoning Commission finds that the proposed variance, subject to the findings of the Commission, satisfies the criteria for granting a variance to SCC § 15.10.220 Development Requirements and authorizes administration to issue a variance to Thomas Loertscher to reduce the required front yard setback from 20 feet to 10 feet for the properties located at 1600 and 1602 Harold Avenue in the Single -Family Residential (R1) zoning district Section 5. This resolution shall take effect 10 days following its adoption. APPROVED BY THE PLANNING AND ZONING COMMISSION THIS 1st DAY OF SEPTEMBER, 2026. Clare Sullivan, Chair AYES: NOES: AB SENT: ABSTAIN: VACANT: ATTEST: Kris Peck City Clerk (City Seal) 17 I IAR CPL D WE RAYVIEW ADDITION '.1f1EtL ST Context Map Key 1 Single-family Residential Two-family Residential Multi -family Residential Auto Commercial Park Resource Management J J 1 40. DAIRY HILL SUBDIVISION CLEAR VIE SU BD IVISh • "15W611, VD 200 feet Variance Application Property Map RES 2026-010 - Granting a variance from the front yard setback requirement in Seward City Code 15.10.220, reducing the required setback from 20 feet to 10 feet Location: 1600 & 1602 Harold Avenue Parcel #: 14708003 & 14708022 18 iii Variance Application Property Map RES 2026-010 - Granting a variance from the front yard setback requirement in Seward City Code 15.10.220, reducing the required setback from 20 feet to 10 feet Location: 1600 & 1602 Harold Avenue Parcel #: 14708003 & 14708022 iy Existing Site Conditions 1600 AND 1604 HAROLD AVENUE 20 APPLICATION FOR VARIANCE City of Seward Planning and Zoning P.O. Box 167, Seward, Alaska, 99664 907-224-4048 This completed application is to be submitted to the Community Development Department no later than four (4) weeks in advance of the next regularly scheduled Planning & Zoning Commission meeting held the first Tuesday of each month. Property Owner/Agent Owner's Contractor(If Any) Name: Thomas Loertscher Name: City of Seward Business License #: Mailing Address: Alaska Business License #: Contractor's License #: Contact Phone: Mailing Address: Contact Phone: E-mail. E-mail: Property Information Size of Property:2 lots: .1 acres / .1 acres Property Tax #: Parcel ID #'s: 14708003 / 14708022 Street Address:1600 /1602 Harold Ave Legal Description: Lot (s)23, 24 Block2 Subdivision Bayview Addn Section Township Range_ ,ORParcel/Tract [Attach additional page if necessary] Zoning: p6City Limits ❑Two Family Residential (RR) Single Family Residential (R1) ) Family Residential (R3)CUrban Residential (UR) (HC) ['Auto Commercial (AC) (l) ❑Institutional (TNS)❑Park (P) ❑Resource ■Rural Residential (R2)DMultiple (OR) ['Harbor Commercial (CB) ❑industrial • Office Residential ❑Central Business District Management (R) 21 The application must be accompanied by: Fee $374.50 DAs-Built Survey by a surveyor registered in the State of Alaska ((if already developed) or ®Scaled site plan of undeveloped land which shows: IoProperty dimensions tz location and dimensions of existing and planned buildings [❑parking configuration ❑ driveways/access; ❑ natural features i©variance requested 01 other pertinent information Applicant seeks a variance from the following general requirement(s): A. Variance Request for Code Section(#/: Code must be referenced Table 15.10.222 B. The existing situation is: R1 requires setbacks of: 20' Front Yard and 10' Rear Yard. Chiswell St as shown on View KPB and City of Seward Map Viewer is actually an alley, therefore these setbacks pertain to Harold Ave which has not been developed. doubt Harold Ave will ever be developed because that area contains a very steep rock face. We'd like to build 2 SFR's with a 10' setback from Harold and 20' from Chiswell. C. Granting this variance would permit: Increased distance from our existing residence at 1601/1603 Bayview which would allow more privacy for all residences, more realistic driveway approaches up the hill to the future SFR's, a more usable front yard, the possibility of a deck on the front of the SFR's, and a better opportunity for territorial view and avoid looking directly at the back of our exisitng residence. D. What structures are located on the property? None at this time. E. What is the existing use of the property? Bare Lots - not in use F. What is the proposed use of the property? New SFR's to be used as long term rentals for families. G. What is your development time schedule? 22 The Planning & Zoning Commission may only grant a variance if the Commission finds all of the following conditions are met. Each condition must have a response in as much detail as it takes to meet the condition. Please use additional paper if there is not enough room here for your response. Failure to document your case reduces the likelihood of your variance being granted. The Applicant hereby alleges that: 3. The proposed action is consistent with all of the general conditions required for a conditional use permit as follows: A. The use is consistent with the purposed of the Zoning Code and the purposes of the zoning: B. The value of the adjoining property will not be significantly impaired: C. The proposed use is in harmony with the Seward Comprehensive Plan: D. Public services and facilities are adequate to serve the proposeduse: E. The proposeduse WILL NOT be harmful to the public safety, health or welfare: 2. Special conditions and circumstances exist which are peculiar to the land or structures involved and which are not applicable to other lands and structures in the same district. These special conditions are: These lots are situated on the slope of Mt Marathon and are uphill gradient primarily to the west and secondarily to the south. Therfore it makes sense to build a daylight basement foundation that will act as a retaining wall that will also give some height to the building that will help capture the territorial view. The geographical features include a severely steep rock face on the west side of the lot. This area is plotted for Harold Ave which will probably be cost prohibitive to ever build / develop. Also, the residence at 1601/1603 Bayview PI is set to the extreme west of those lots. By pushing the future SFR's on 1600/1602 Harold Ave it will create a greater distance between structes improving fire protection, privacy, and view. 3. The special conditions and circumstances have not been caused by actions of the applicant in that: These are bare lots. We are in the planning stages of two new SFR's on the Harold lots. 4. Financial hardship or inconvenience shall not be a reason for granting a variance in that: These two factors are not considerations in our appeal. 23 5. Other non -conforming land use or structures within the district shall not be considered grounds for granting a variance in that: We should be able to abide by all other ordinances. 6. The variance granted is the minimum variance that will make possible a reasonable use of the land, building or structure in that: This variance will allow for a more realistic use of the property based on the geographical features, obstacles and character as they apply to utilities, driveway, use of yard, possibility of a front deck, privacy, view, and fire protection. 7. Granting the variance will not permit a use that is not otherwise permitted in the district in which the property lies in that: These are fairly small lots therefore there is not much opportunity for a use other that the proposed SFR's. I hereby certify best of my property: act for a per owner of record the var nce ap watt n that all statements and other information submitted are true and accurate to the kno ledge, and that I, as applicant have the following legal interest in the Owner of record; Lessee; Contract Purchaser; duly authorized to on who has the following legal interest : and that the is knowledgeable of this application if I ain not the owner. I understand that ee is non-refundable to cover the cost associated with processing this it does not assure approval of the variance. 1 Owner PROVISIONS: owner or and local deed restrictions. r n Date The applicant is advised that issuance of this permit will not relieve responsibility of the owner's agents to comply with the provisions of all laws and ordinances, including federal, state jurisdictions, which regulate construction and performance of construction, or with any private ®Fee $374.50 Office Use Only Below This Line ® Site Plan ®Location Map ❑ Fee As -Built Survey INCOMPLETE APPLICATIONS WILL NOT BE ACCEPTED 24 AIAL IK ST 60' HAROLD AVE FRCPMF-1010 FRONT YA. D5ET FROFC6E VR 24' Cc) FL4N.NE9 cecg 1600 HAROLD AVE 45' 10 REARYA59 9 FR D 24' PL4X..a0 Lar..K 1602 HAROLD AVE 45' CHISINELL ST 25 David and Anne Miller Courtney Bringhurst, Planner City of Seward PO Box 167 Seward, AK 99664-0167 Dear Seward Planning and Zoning Commission, We would like to respond to Resolution 2026-010 regranting Thomas Loertscher a variance from the front yard setback requirements in Seward City Code 15.10.220 that would reduce the required setback from 20 feet to 10 feet for the properties located at 1600 and 1602 Harold Avenue in the Single Family Residential (R1) zoning district. We are concerned that any and all development along Chiswell St between 1601/1603 Bayview and 1600/1602 Harold Avenue does not in any way encumber current and future access and use of Chiswell St via Aiatik Street. As past owners of 1601 Bayview Pl, we know how close the home borders its property lines, and it has been expanded since then. Currently the 1601 Bayview house extends to the edge of the 20 ft wide Chiswell St easement (with a shed well within the street's right away and a storage platform on 1600 Harold Ave that squeezes Chiswell St on the west). In the future, our six Harold Ave parcels will likely depend on Chiswell St access from Aiatik Street. We hope that you carefully review Chiswell Street's easements, current structures, and survey corners in order to reduce sprawl and ensure viable Chiswell St access via Aialik Street into the future. We and future property owners would not like to have to drive uncomfortably close to the bordering homes, which already exists with the 1601 Bayview Pt house. Thank you for carefully considering our concerns, Sincerely, David and Anne Miller, Trustees, DA Miller Trust 26 CITY OF SEWARD, ALASKA AFFIDAVIT OF MAILING PUBLIC HEARING NOTICE Tckry\ i P C r ray ✓ , upon oath, deposes and states: That she is employed in the Community Development Office of the City of Seward, Alaska; and that on Pcucyu, r [ i I c L0 she mailed a Notice of Public Hearing to the real property owners within a 300-foot periphery of the property located at 1600 and 1602 Harold Avenue as prescribed by Seward City Code 15.01.040/16.01.015. Affirmed and signed this IP day of 2026. AFFIDAVIT OF POSTING PUBLIC HEARING NOTICE /401“ A 0,427-set/ , hereby certify that I have posted a Notice of Public Hearing, as prescribed by Seward City Code 15.01.040/16.01.015 on the property located at 1600 and 1602 Harold Avenue on which the applicant has petitioned for a Public Hearing for a Variance from Seward City Code 15.10.220 Development Requirements to reduce the front yard setback from 20' to 10'. The property is located within a Single-family Residential (R1) Zoning District. The notice was posted on /4-L((9 ( Z�ZC , which is lLI days prior to the public hearing on this petition, I acknowledge this Notice must be posted in plain sight, maintained and displayed until all public hearings have been completed. Affirmed and signed this JL day of Signature 28 Planning and Zoning Agenda Statement Meeting Date: September 1, 2026 To: Planning and Zoning Commission Through: Daniel Meuninck, Community Development Director From: Courtney Bringhurst, AICP, Planner Agenda Item: Resolution 2026-011, of the Planning and Zoning Commission of the City of Seward, Alaska, recommending Kenai Peninsula Borough approval of the preliminary plat of Lot 5B-1, Forest Acres and Fort Raymond Subdivision, Seward Gateway Properties; creating Lots 1-4, Forest Acres and Fort Raymond Subdivision, Seward Gateway Properties Phase 2 Background and justification: Attached for the Commission'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 Robert Williams and Travis Maurer. The proposed plat will subdivide Lot 5B-1, Forest Acres Fort Raymond Subdivision, Seward Gateway Properties; creating Lots 1-4, Forest Acres Fort Raymond Subdivision, Seward Gateway Properties Phase 2. Lot 5B-1 was created from the land swap of city -owned property and privately -owned property that was approved by City Council on August 12, 2024, with Resolution 2024-041. The Planning and Zoning Commission reviewed and approved the first preliminary plat on May 6, 2025 through Resolution 2025-017. The Kenai Peninsula Borough granted conditional approval of the first preliminary plat on July 20, 2026, and is still undergoing the finalization process. The current preliminary plat creating Lots 1-4 is the second phase for the development of the property. Since the initial plat is still being finalized, a single address has not yet been assigned to Lot 5B- 1, which currently encompasses portions of 1000 Hemlock Avenue and 2405 Seward Highway. 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 will create a new right-of-way to access the four new lots that are being created with this preliminary plat. Utilities will also need to be brought to the innermost lots, thus, a subdivision agreement will be required with this 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. 29 In accordance with City and Borough requirements, the Seward Planning and Zoning Commission must review and comment on a preliminary plat of land located within the City of Seward before submittal to the Borough for approval. Subdivision Review: Zoninz: The entire parcel is zoned auto commercial (AC). Size: Lot 1 is 24,698 square feet, Lot 2 is 20,617 square feet, Lot 3 is 22,936 square feet, and Lot 4 is 20,420 square feet. Utilities: None of the lots currently have access to city water, sewer, and electricity, but will be provided for through a subdivision agreement. Existing Use: The parcel is currently vacant, with a portion of the southern end used for RV and boat storage space. Access: Lots 1 & 4 have access to Hemlock Avenue and Alice View Drive. Lots 2 & 3 have access to Alice View Drive. Flood Zone: The property is located within FEMA Flood Zone AE, with a Base Flood Elevation (BFE) of 37 feet. Zone AE is designated as a Special Flood Hazard Area with a 1% annual chance of flooding. Local building and floodplain regulations may apply to development of the property. Comprehensive and Strategic Plan Consistency Information This legislation is consistent with (citation listed): Comprehensive Vol 1, Chapter 2.2.11 Plan: • "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 Staff Comments Department Comments No Comment N/A Building Department X Fire Department X Public Works Department X Harbor Department X Police Department X 30 Electric Department Telecommunications X X Public Comment Property owners within three hundred (300) feet of the proposed platting action were notified of this public hearing. Public notice signs were posted on the property and all other public hearing requirements of Seward City Code § 15.01.040 were complied with. At the time of this publication the Community Development Department has received no public inquiries. If any correspondence is received after publication of this agenda statement, it will be submitted to the Commissioners for their review. Recommendation If the Commission finds the proposed preliminary plat meets the requirements in Seward City Code Titles 15 and 16, they will recommend approval to the Kenai Peninsula Borough Planning Commission. 31 Sponsored by: Applicant Public Hearing: September 1, 2026 CITY OF SEWARD, ALASKA PLANNING AND ZONING COMMISSION RESOLUTION 2026-011 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF SEWARD, ALASKA, RECOMMENDING KENAI PENINSULA BOROUGH APPROVAL OF THE PRELIMINARY PLAT OF LOT 5B-1, FOREST ACRES AND FORT RAYMOND SUBDIVISION, SEWARD GATEWAY PROPERTIES; CREATING LOTS 1-4, FOREST ACRES AND FORT RAYMOND SUBDIVISION, SEWARD GATEWAY PROPERTIES PHASE 2 WHEREAS, AK Lands, Land Surveying LLC has submitted a preliminary plat on behalf of Robert Williams and Travis Maurer for review and recommendation to the Kenai Peninsula Borough; and WHEREAS, the land being subdivided, Lot 5B-1, was created through the land swap of city - owned land and privately -owned land approved by City Council through Resolution 2024-041; and WHEREAS, the proposed plat will necessitate the development of a new right-of-way to access Lots 2 & 3, as well as the extension of public utilities; and WHEREAS, a subdivision agreement will be required with this plat; and WHEREAS, all conditions required by Seward City Code §16.01.015, Conditions to plat approval, were met; the property owners within 300 feet of the requested replat were notified of the proposed subdivision, and the property was posted with public notice signage; and WHEREAS, it is the Planning and Zoning Commission's responsibility to act in an advisory capacity to the Kenai Peninsula Borough regarding subdivision plat proposals within the City of Seward. NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF SEWARD, ALASKA: Section 1. The Commission hereby recommends that in accordance with Seward City Code Section 16.01.015 (B), the Kenai Peninsula Borough approve the submittal of the preliminary plat of Lot 5B-1, Forest Acres and Fort Raymond Subdivision, Seward Gateway Properties, creating Lots 1-4, Forest Acres and Fort Raymond Subdivision, Seward Gateway Properties Phase 2. Section 2. This resolution shall take effect immediately upon adoption. APPROVED BY THE PLANNING AND ZONING COMMISSION THIS 1ST DAY OF SEPTEMBER, 2026. 32 CITY OF SEWARD, ALASKA RESOLUTION 2026-011 THE CITY OF SEWARD, ALASKA Clare Sullivan, Chair AYES: NOES: ABSENT: ABSTAIN: ATTEST: Kris Peck City Clerk (City Seal) 33 2500 Laurcl St F Context Map AIRPORT 100 feet Preliminary Plat Application Property Map RES 2026-011 - Subdividing Lot 5B-1, Forest Acres and Fort Raymond Subdivision, Seward Gateway Properties; creating Lots 1-4, Forest Acres and Fort Raymond Subdivision, Seward Gateway Properties Phase 2 *Previous plat is still in process, so one address and parcel # have not been created yet Location: 1000 Hemlock Ave & 2405 Seward Highway Parcel #: 14502601 & 14502133 34 A 200 feet AE: Areas with a 1% annual chance of Flooding and specific base flood elevations Floodplain Map RES 2026-011 - Subdividing Lot 5B-1, Forest Acres and Fort Raymond Subdivision, Seward Gateway Properties; creating Lots 1-4, Forest Acres and Fort Raymond Subdivision, Seward Gateway Properties Phase 2 *Previous plat is still in process, so one address and parcel # have not been created yet Location: 1000 Hemlock Ave & 2405 Seward Highway Parcel #: 14502601 & 14502133 35 FF2 FOREST ACRES SUB. COX ADDITION I PLAT NO. SW96-22 I EE-2 FOREST ACRES SUB. WILLIAMS ADDITION PLAT NO. SW84-14 1 I EE-1 DD FOREST ACRES SUB. PLAT NO. SW17 Ia. I 45' 40' 140' I I (..)Lu I — 50' G 45' 00 0 f PP FOREST ACRES SUB. o PLAT NO. SW17 BJ NN 30.48' I - (M&R2) 7 `�) a,te 90) „ p,1 • ?9-s M2 - 0 o6 E26,1 /\ N6312� M1 C4 C2 USS 242 USS 149 0 - 30' 30' 0 m z 0 0 LOT 11A1 FORT RAYMOND SUB. REPLAT NO. 4 PLAT NO. 2016-4 [PARK[ LEGEND TRACT 5C FOREST ACRES SUB. LEVEE REPLAT PLAT NO. 2012-17 XX 297.26\R�1 1v75 °47'1p„ N75°47'4 ,iw .87, (M&R2 o\R) TRACT A FORT RAYMOND SUB. NO. 1 HEMLOCK ADDITION PLAT NO. 2023-9. • FOUND/SET MONUMENT AS DESCRIBED O FOUND 5/8" REBAR, BENT, MEASURED TO POE FOUND 1-1/4" YELLOW PLASTIC CAP, O STAMPED AKLAND 107877 FLUSH WITH GRADE SET 1-1/4" YELLOW PLASTIC CAP, • STAMPED AKLAND 107877 FLUSH WITH GRADE • NOTHING FOUND OR SET (M) (C) (H) (R) (R1) (R2) M# DTP MEASURED BEARING AND/OR DISTANCE COMPUTED BEARING AND/OR DISTANCE HELD BEARING AND/OR DISTANCE RECORD PER PLAT SW1986-10 RECORD PER PLAT NO. 2012-7 RECORD PER PLAT NO. 2026-X RECOVERED MONUMENT DEDICATED THIS PLAT CERTIFICATE OF OWNERSHIP AND DEDICATION ZONE AE LOT 1 24,698 SQ.FT 0.567 ACRES HEMLocK 4 vE FOREST ACRES SUB. SEWARD GATEWAY PROPERTIES TRACT 5B-1 PLAT NO. 2026-XX LOT 2 20,617 SQ.FT 0.4 73 ACRES / Qom. / 40/ / 44 p.13, m4 R MONUMENT DETAILS ° It p/Fc71GRgF / / / / / v61 °S4, /9s5,, w�13 FORT ACRES AND FORT RAYMOND SUB. SEWARD GATEWAY PROPERTIES PLAT NO. 2026-XX / LOT 58-2 e0, 357 73' 4p, � LOT 3 22,936 SQ.FT 0.527 ACRES LOT 4 20,420 SQ.FT 0.469 ACRES /L/44)/6-, M1 qC,A<` TR.5B1 2025,\'\ 107 V M2 M3 NOTARY'S ACKNOWLEDGMENT FOUND 2-1/2" ALCAP IN MONUMENT CASE 1.7' BELOW RIM. SCARRED FOUND 1.5" ALCAP ON 5/8" X 30" REBAR FLUSH WITH GRADE FOUND 1.5" ALCAP ON 5/8" REBAR 1.3' BELOW GRADE. ILLEGIBLE M3 WE, TRAVIS E. MAURER AND ROBERT W. WILLIAMS, HEREBY CERTIFY THAT WE FOR: ARE THE OWNERS OF THE REAL PROPERTY SHOWN AND DESCRIBED HEREON AND THAT WE HEREBY ADOPT THIS PLAN OF SUBDIVISION AND BY OUR FREE CONSENT DEDICATE ALL RIGHTS -OF -WAY AND PUBLIC AREAS TO PUBLIC USE AND GRANT ALL EASEMENTS TO THE USE SHOWN. ACKNOWLEDGED BEFORE ME THIS OWNER OF NOTARY PUBLIC FOR ALASKA TRACT 58-1, FOREST ACRES SUBDIVISION, SEWARD GATEWAY PROPERTIES TRAVIS E MAURER, OWNER 4301 REID DR. NW GIG HARBOR, WA 98335 ROBERT W WILLIAMS, OWNER 7671 SCHUSTER ST LAS VEGAS, NV 89139 MY COMMISSION EXPIRES: DAY OF h `y0 ZONE AE LOT 58-3 TRACT 5A FOREST ACRES SUB. LEVEE REPLAT PLAT NO. 2012-17 ZONEX LOT 4 USS 9000 / / qD °off NOTARY'S ACKNOWLEDGMENT / / 1g8.87, LOT 5 USS 9000 i ° 1 LINE DETAILS LINEBEARING DISTANCE L1 S61°34'50"E 20.00' L2 N28°25'10"E 15.00' L3 S61°34'S0"E 40.00' L4 N28°25'10"E 12.19' L5 S61°34'50"E 40.00' L6 S28°25'10"W 15.00' L7 N61°34'50"W20.00' 0' 100' 200' CURVE DETAILS CURVE RADIUS DELTA ANGLE ARC LENGTH CHORD BEARING CHORD LENGTH C1 20.00' 075°47'40" 26.46' S66°19'00"W 24.57' C2 20.00' 104°12'99" 36.37' N23°41'00"W 31.56' 5' UTILITY ESMT. DTP [10' UTILITY ESMT] LOT 2 20,617 SQ.FT 0.473 ACRES 5'75 °47'1 p „E 183.90' LOT 1 24,698 SQ.FT 0.567 ACRES FOR: 2026. ACKNOWLEDGED BEFORE ME THIS NOTARY PUBLIC FOR ALASKA MY COMMISSION EXPIRES: DAY OF / 10' UTILITY ESMT. DTP / Gti 36.20, N7.5.47, LOT DETAIL 1"=40' / / 40, 46.32, 44p 13, ( / / • ct- & ou. ti0 (<, or Ncb oft') co ticb / / R2) CERTIFICATE OF ACCEPTANCE 0o co / / 40, 5' UTILITY ESMT. DTP—i LOT 3 22,936 SQ.FT 0.527 ACRES / S75 °47'1 o „E 184 43' RIGHT OF WAY DEDICATION 10,381 SQ.FT. 0.238 ACRES LOT 4 20,420 SQ.FT 0.469 ACRES 158.74, M3 PLAT APPROVAL THE UNDERSIGNED OFFICIAL IDENTIFIED BY NAME AND TITLE IS AUTHORIZED TO THIS PLAT WAS APPROVED BY THE KENAI PENINSULA BOROUGH PLANNING ACCEPT AND HEREBY ACCEPTS ON BEHALF OF THE CITY OF SEWARD FOR PUBLIC COMMISSION AT THE MEETING OF 2026. 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: KENAI PENINSULA BOROUGH THE ACCEPTANCE OF LANDS FOR PUBLIC USE OR PUBLIC PURPOSE DOES NOT BY: OBLIGATE THE PUBLIC OR ANY GOVERNING BODY TO CONSTRUCT, OPERATE, OR MAINTAIN IMPROVEMENTS. AUTHORIZED OFFICIAL SIGNATURE DATE AUTHORIZED OFFICIAL SIGNATURE DATE T1N R1W SM ASH 34 coQ 1 SEA LION AVE. �4/Iv) �50 o t n o i � J Tr T1S R1W SM SOHEFFuER CREEK 1- SMALL BOAT HARBOR 26 OLD NASH RD. VICINITY MAP SCALE: 1" = 1/2 MILE NOTES: 1. THIS PROJECT IS LOCATED WITHIN ALASKA STATE PLANE ZONE 4 NAD 83. ALL DISTANCES ARE GROUND DISTANCES USING A COMBINED SCALE FACTOR OF 1.000091535 EXPRESSED IN U.S. SURVEY FEET. 2. NO EASEMENTS VACATED THIS PLAT. 3. A PORTION OF THIS PROPERTY IS SUBJECT TO A CLEAR ZONE EASEMENT IN FAVOR OF THE STATE OF ALASKA, DEPARTMENT OF PUBLIC WORKS, DIVISION OF AVIATION, RECORDED ON MARCH 5, 1963 AT BOOK 35R PAGE 192 AND RECORDED ON OCTOBER 14, 1963 AT BOOK 36R AT PAGE 237. 4. THIS PROPERTY IS SUBJECT TO RESERVATIONS CONTAINED IN DEED, EXECUTED BY THE STATE OF ALASKA, RECORDED ON MARCH 2, 1967 IN BOOK 31D PAGE 5, AND FURTHER SUBJECT TO DEPARTMENT OF NATURAL RESOURCES DIVISION OF LAND AND WATER MANAGEMENT RELEASE OF CONDITION IN DEED RECORDED OCTOBER 4, 1982 IN BOOK 27 AT PAGE 75; STATE OF ALASKA DEPARTMENT OF NATURAL RESOURCES DIVISION OF LAND DIRECTORS FINAL DECISION, RECORDED OCTOBER 3, 1997 IN BOOK 87 AT PAGE 863; AND STATE OF ALASKA QUITCLAIM RELEASE NO. 2, RECORDED APRIL 8, 2004, UNDER SERIAL NO. 2004-0000620-0. 5. 10' UTILITY EASEMENT LOCATED ON TRACT B1, PER PLAT 2012-17 HAS BEEN VACATED PER KENAI PENINSULA BOROUGH PLANNING COMMISSION RESOLUTION 2019-25. 6. THIS PROPERTY IS SUBJECT TO A PERMIT AGREEMENT RECORDED MAY 22, 2012 AS SERIAL NO. 2012-000551-0. THIS PERMIT EXPIRED ON DECEMBER 31, 2020. 7. THIS PROPERTY IS SUBJECT TO RESERVATIONS AND EXCEPTIONS AS CONTAINED IN U.S. PATENT RECORDED AT 8. DEVELOPMENT OF THESE LOTS IS SUBJECT TO THE CITY OF SEWARD'S ZONING 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 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. 4 _ PRELIIVir, r •u(c,:xSp xti;a0 Fy E xsM 0 s Al PLAT Plat of: FOREST ACRES AND FORT RAYMOND SUBDIVISION SEWARD GATEWAY PROPERTIES PHASE 2 CREATING LOTS 1, 2, 3, AND 4 CONTAINING 2.274 ACRES A SUBDIVISION OF: LOT 5B-1, FOREST ACRES AND FORT RAYMOND SUBDIVISION SEWARD GATEWAY PROPERTIES, PLAT 2026-XX CITY OF SEWARD SEWARD RECORDING DISTRICT KENAI PENINSULA BOROUGH LOCATED WITHIN: THE E1/2 OF SECTION 34, T1N, R1W, S.M., AK. OWNER (TRACT 5B-2) TRAVIS E MAURER ROBERT W. WILLIAMS 4301 REID DR. NW P.O. BOX 167 GIG HARBOR, WA 98335 SEWARD, ALASKA 99664 A K LAN DS -and SurveYing AK Lands, Land Surveying LLC PO Box 110485 Anchorage, AK 99511 aklands@aklands.com (907) 744-LAND TITLE PRINTED NAME Date: 08/14/2026 Drawn: SMW KPB No. 2026-xxx 36 FF2 FOREST ACRES SUB. COX ADDITION PLAT NO. SW96-22 I FOREST ACRES SUB. WILLIAMS ADDITION PLAT NO. SW84-141 EE-1 DD FOREST ACRES SUB. PLAT NO. SW17 40' I 1 I I I v)_ir I N6312� M1 C4 C2 � USS 242 USS 149 /45! / 00 074 f NN 30.48' (M&R2) LOT 11A1 FORT RAYMOND SUB. REPLAT NO. 4 PLAT NO. 2016-4 [PARK] LEGEND PP TRACT 5C FOREST ACRES SUB. LEVEE REPLAT PLAT NO. 2012-17 XX FOREST ACRES SUB. o PLAT NO. SW17 1 BJ 4,5s o 471/0" �OHP- N75 °47'4 W 767. 87' (M j \ •.,, �768 03\R R2i Q FOUND/SET MONUMENT AS DESCRIBED O FOUND 5/8" REBAR, BENT, MEASURED TO POE FOUND 1-1/4" YELLOW PLASTIC CAP, O STAMPED AKLAND 107877 FLUSH WITH GRADE SET 1-1/4" YELLOW PLASTIC CAP, • STAMPED AKLAND 107877 FLUSH WITH GRADE • NOTHING FOUND OR SET (M) (C) (H) (R) (R1) (R2) M# DTP MEASURED BEARING AND/OR DISTANCE COMPUTED BEARING AND/OR DISTANCE HELD BEARING AND/OR DISTANCE RECORD PER PLAT SW1986-10 RECORD PER PLAT NO. 2012-7 RECORD PER PLAT NO. 2026-X RECOVERED MONUMENT DEDICATED THIS PLAT TRACT A FORT RAYMOND SUB. NO. 1 HEMLOCK ADDITION PLAT NO. 2023-9. CERTIFICATE OF OWNERSHIP AND DEDICATION ZONE AE LOT 1 24,698 SQ.FT 0.567 ACRES MONUMENT DETAILS —OHP FOUND 2-1/2" ALCAP IN MONUMENT CASE 1.7' BELOW RIM. SCARRED M1 FOUND 1.5" ALCAP ON 5/8" X 30" REBAR FLUSH WITH GRADE M2 FOUND 1.5" ALCAP ON 5/8" REBAR 1.3' BELOW GRADE. ILLEGIBLE M3 FOREST ACRES SUB. SEWARD GATEWAY PROPERTIES TRACT 5B-1 PLAT NO. 2026-XX NOTARY'S ACKNOWLEDGMENT ° O\* It LOT 4 20,420 SQ.FT 0.469 ACRES /fr'IR/FS LINE DETAILS / / / / / / 4.?„ � z13 FORT ACRES AND FORT RAYMOND SUB. SEWARD GATEWAY PROPERTIES PLAT NO. 2026-XX LOT 5B-2 -LOT-5-8-3— TRACT 5A FOREST ACRES SUB. LEVEE REPLAT PLAT NO. 2012-17 ZONE LOT 4 USS 9000 qD / LINEBEARING DISTANCE L1 S61°34'50"E 20.00' L2 N28°25'10"E 15.00' L3 S61°34'50"E 40.00' L4 N28°25'10"E 12.19' L5 S61°34'50"E 40.00' L6 S28°25'10"W 15.00' L7 N61°34'50"W20.00' CURVE DETAILS / / CURVE C1 RADIUS 20.00' DELTA ANGLE 075°47'40" ARC LENGTH 26.46' CHORD BEARING S66°19'00"W CHORD LENGTH 24.57' C2 20.00' 104°12'99" 36.37' N23°41'00"W 31.56' WE, TRAVIS E. MAURER AND ROBERT W. WILLIAMS, HEREBY CERTIFY THAT WE FOR: ARE THE OWNERS OF THE REAL PROPERTY SHOWN AND DESCRIBED HEREON AND THAT WE HEREBY ADOPT THIS PLAN OF SUBDIVISION AND BY OUR FREE CONSENT DEDICATE ALL RIGHTS -OF -WAY AND PUBLIC AREAS TO PUBLIC USE AND GRANT ALL EASEMENTS TO THE USE SHOWN. OWNER OF TRACT 58-1, FOREST ACRES SUBDIVISION, SEWARD GATEWAY PROPERTIES TRAVIS E MAURER, OWNER 4301 REID DR. NW GIG HARBOR, WA 98335 ROBERT W WILLIAMS, OWNER 7671 SCHUSTER ST LAS VEGAS, NV 89139 ACKNOWLEDGED BEFORE ME THIS NOTARY PUBLIC FOR ALASKA MY COMMISSION EXPIRES: DAY OF NOTARY'S ACKNOWLEDGMENT / / 198. 87, LOT 5 USS 9000 LEGEND -0- POWER POLE GUY ANCHOR Q ELECTRICAL METER CI ELECTRICAL TRANSFORMER UTILITY VAULT TELECOM. PEDISTAL FIRE HYDRANT ® WOOD POST (18"X18"X5' +/-) SEWER MANHOLE -0- SIGN U CULVERT ° OHP W W FENCE EDGE OF ASPHALT FEMA FLOOD ONE AREA OF RIVERINE OVER HEAD POWER UNDERGROUND ELECTRIC APPROXIMATE UNDERGROUND SEWER LINE GIS W UNDERGROUND WATER LINE GIS NOTES: 1) SURVEY PERFORMED IN WINTER CONDITIONS; NOT ALL SITE FEATURES WERE LOCATED OR VISIBLE. THIS SURVEY WAS NOT INTENDED TO DOCUMENT ALL SITE IMPROVEMENTS. 2) ZONING INFORMATION, UNDERGROUND WATER, AND SEWER LINES AND ARE FROM THE CITY OF SEWARD GIS INTERACTIVE MAP. FEMA FLOOD ZONES ARE BASED ON THE FEMA NFHL (NATIONAL FLOOD HAZARD LAYER WEB MAP SERVICE) DOWNLOADED ON APRIL 4, 2025 AND BEST FIT TO THE KENAI PENINSULA BOROUGH PARCEL DATA. AREA OF RIVERINE IS BASED ON THE KENAI PENINSULA GIS DATABASE DOWNLOADED AS A SHAPEFILE ON MAY 5, 2026. 3) OTHER UNDERGROUND UTILITIES, NOT SHOWN HEREON, MAY EXIST WITHIN THE PROPOSED SUBDIVISION. 4) AK LANDS, LAND SURVEYING LLC MAKES NO WARRANTY, REPRESENTATION, OR GUARANTY REGARDING THE ACCURACY OR COMPLETENESS OF EXISTING SITE IMPROVEMENTS, UTILITIES, GIS DATA OR OTHER FEATURES SHOWN. 1 5' UTILITY ESMT. DTP i [10' UTILITY ESMT] LOT 2 20,617 SQ.FT 0.473 ACRES S75°471 10„E 183.90' LOT 1 24,698 SQ.FT 0.567 ACRES FOR: 2026. ACKNOWLEDGED BEFORE ME THIS NOTARY PUBLIC FOR ALASKA MY COMMISSION EXPIRES: DAY OF cb ory 10' UTILITY ESMT. DTP 46.32, LOT DETAIL CERTIFICATE OF ACCEPTANCE RIGHT OF WAY DEDICATION 10,381 SQ.FT. 0.238 ACRES • • 0' ZONE X ZONE AE LOT 4 20,420 SQ.FT 0.469 ACRES 100' 200' 5' UTILITY ESMT. DTP LOT 3 22,936 SQ.FT 0.527 ACRES 40. M3 PLAT APPROVAL oeV eV THE UNDERSIGNED OFFICIAL IDENTIFIED BY NAME AND TITLE IS AUTHORIZED TO THIS PLAT WAS APPROVED BY THE KENAI PENINSULA BOROUGH PLANNING ACCEPT AND HEREBY ACCEPTS ON BEHALF OF THE CITY OF SEWARD FOR PUBLIC COMMISSION AT THE MEETING OF 2026. 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: KENAI PENINSULA BOROUGH 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 OFFICIAL SIGNATURE DATE BY: AUTHORIZED OFFICIAL SIGNATURE DATE 28 T1N R1W SM T1S R1W SM SEA LION AVE. SMALL BOAT 26 OLD NASH RD. 35 sSN VICINITY MAP SCALE: 1" = 1/2 MILE NOTES: 1. THIS PROJECT IS LOCATED WITHIN ALASKA STATE PLANE ZONE 4 NAD 83. ALL DISTANCES ARE GROUND DISTANCES USING A COMBINED SCALE FACTOR OF 1.000091535 EXPRESSED IN U.S. SURVEY FEET. 2. NO EASEMENTS VACATED THIS PLAT. 3. A PORTION OF THIS PROPERTY IS SUBJECT TO A CLEAR ZONE EASEMENT IN FAVOR OF THE STATE OF ALASKA, DEPARTMENT OF PUBLIC WORKS, DIVISION OF AVIATION, RECORDED ON MARCH 5, 1963 AT BOOK 35R PAGE 192 AND RECORDED ON OCTOBER 14, 1963 AT BOOK 36R AT PAGE 237. 4. THIS PROPERTY IS SUBJECT TO RESERVATIONS CONTAINED IN DEED, EXECUTED BY THE STATE OF ALASKA, RECORDED ON MARCH 2, 1967 IN BOOK 31D PAGE 5, AND FURTHER SUBJECT TO DEPARTMENT OF NATURAL RESOURCES DIVISION OF LAND AND WATER MANAGEMENT RELEASE OF CONDITION IN DEED RECORDED OCTOBER 4, 1982 IN BOOK 27 AT PAGE 75; STATE OF ALASKA DEPARTMENT OF NATURAL RESOURCES DIVISION OF LAND DIRECTORS FINAL DECISION, RECORDED OCTOBER 3, 1997 IN BOOK 87 AT PAGE 863; AND STATE OF ALASKA QUITCLAIM RELEASE NO. 2, RECORDED APRIL 8, 2004, UNDER SERIAL NO. 2004-000620-0. 5. THIS PLAT WAS GRANTED EXCEPTIONS TO KPB 20.30.120 (STREET- WIDTH REQUIREMENTS) BY THE KPB PLAT COMMITTEE MEETING OF XXXXX, 2026. 6. DEVELOPMENT OF THESE LOTS IS SUBJECT TO THE CITY OF SEWARD'S ZONING 7. 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. 8. FLOOD HAZARD NOTICE: SOME OR ALL OF THE PROPERTY SHOWN ON THIS PLAT HAS BEEN DESIGNATED BY FEMA AS A FLOOD HAZARD AREA DISTRICT AS OF THE DATE THIS PLAT IS RECORDED WITH THE DISTRICT RECORDER'S OFFICE. THE DEVELOPER IS RESPONSIBLE FOR CONTACTING THE CITY TO DETERMINE ANY RESTRICTIONS PRIOR TO ANY DEVELOPMENT FOR AREAS WITHIN A FLOODZONE AND/OR FLOODWAY. 9. FLOOD NOTE: BASED ON MAPS PREPARED BY THE FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) AVAILABLE ONLINE AT WWW.MSC.FEMA.GOV, AND BY GRAPHIC PLOTTING ONLY, THIS PROPERTY IS LOCATED IN ZONE AE AND ZONE X ON FLOOD INSURANCE RATE MAP NUMBER 02122C4543E, WHICH BEARS AN EFFECTIVE DATE OF (10/20/2016). NO FIELD SURVEYING WAS PERFORMED TO DETERMINE THIS ZONE AND AN ELEVATION CERTIFICATE MAY BE NEEDED TO VERIFY THE ACCURACY OF THE MAPS AND/OR TO APPLY FOR A VARIANCE FROM THE FEDERAL EMERGENCY MANAGEMENT AGENCY. 10. THE DEVELOPER IS RESPONSIBLE FOR CONTACTING THE CITY TO DETERMINE THE RESTRICTIONS PRIOR TO ANY DEVELOPMENT FOR AREAS WITHIN A FLOOD ZONE AND/OR FLOODWAY. 11. ANY PERSON DEVELOPING THE PROPERTY IS RESPONSIBLE FOR OBTAINING ALL REQUIRED LOCAL, STATE, AND FEDERAL PERMITS, INCLUDING A U.S. ARMY CORPS OF ENGINEERS WETLAND DETERMINATION IF APPLICABLE. 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 C.Z.13,5‘..1 PRELM PLAT EX Plat of: FOREST ACRES AND FORT RAYMOND SUBDIVISION SEWARD GATEWAY PROPERTIES PHASE 2 CREATING LOTS 1, 2, 3, AND 4 CONTAINING 2.235 ACRES A SUBDIVISION OF: LOT 5B-1, FOREST ACRES AND FORT RAYMOND SUBDIVISION SEWARD GATEWAY PROPERTIES, PLAT 2026-XX CITY OF SEWARD SEWARD RECORDING DISTRICT KENAI PENINSULA BOROUGH LOCATED WITHIN: THE E1/2 OF SECTION 34, T1N, R1W, S.M., AK. OWNER (TRACT 5B-2) TRAVIS E MAURER ROBERT W. WILLIAMS 4301 REID DR. NW P.O. BOX 167 GIG HARBOR, WA 98335 SEWARD, ALASKA 99664 A K LAN DS -and SurveYing AK Lands, Land Surveying LLC PO Box 110485 Anchorage, AK 99511 aklands@aklands.com (907) 744-LAND TITLE PRINTED NAME Date: 08/14/2026 Drawn: SMW KPB No. 2026-xxx 37 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 PLATOPRELIMINARY 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 and Fort Raymond Subdivision Seward Gateway Properties Phase 2 PROPERTY INFORMATION: Legal Description See Attachment A. Lot 13 and that portion of US Survey 149 Section, Township, Range The E1/2 OF Sec. 34, T1 N, R1 W, SM, AK General area description South of Resurrection River/Airport City Seward Total Acreage 2.235 Acres SURVEYOR Company: AK Lands, Land Surveying Contact Person: Stacy Wessel Mailing Address: City, State, Zip Phone: e-mail: 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 r�a--llcomplete application has been received. Electronic fire of Plat and Q Preliminary plat NON-REFUNDABLE submittal fee $200.00 + $14.00 Tax = $214.00 QCertificate to plat for ALL parcels included in the subdivision ▪ Documentation showing proof of signatory authority (partnerships, corporations, estates, trusts, etc.) ❑ Public Notice Signis) 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 20.30.120 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): Signature: Phone: e-mail: Name (printed): Signature: Phone: e-mail: FOR OFFICE USE ONLY RECEIVED BY DATE SUBMITTED Receipt q 38 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 tf 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; 1 - 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; ✓ 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; 9. Approximate locations of areas subject to tidal inundation and the mean high water line; 10. Block and lot numbering approximate dimensions and total numbers of proposed lots; ✓ 11. The approximate location of known existing municipal wastewater and water mains, and other utilities within the subdivision and immediately abutting thereto J ,/ 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 aro 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: Date 39 AKLANDS — Land Surveying August 14, 2026 City of Seward Planning Commission 410 Adams St. Seward, AK 99664 Subject: Forest Acres and Fort Raymond Subdivision Seward Gateway Properties Phase 2 - Exception Requests to KPB 20.30.120 and KPB 20.30.150(A) Dear Commission Members of the City of Seward and Kenai Peninsula Borough, On behalf of AK Lands, Land Surveying, LLC, I am submitting this letter in support of the preliminary plat for Forest Acres and Fort Raymond Subdivision Seward Gateway Properties Phase 2. This Phase 2 plat is the second step in a coordinated platting process involving property owners Travis Maurer and Robbie Williams and the City of Seward. The first platting action creates four parcels. This second platting action divides one parcel into four multifamily residential lots and dedicates the new Alice View Rd right-of-way. The applicant respectfully requests two exceptions with the Phase 2 preliminary plat: Exception Request No. 1: An exception to KPB 20.30.120, Streets: Width Requirements, to allow a 40- foot dedicated right-of-way for Alice View Rd. with a 10-foot utility easement on each side, instead of a 60-foot dedicated right-of-way. Exception Request No. 2; An exception to KPB 20.30.150(A), Street Intersections, to allow a 20-foot right-of-way corner radius at the acute Hemlock Avenue/Alice View Rd intersection, instead of the 50- foot radius corner required for acute street intersections. Exception Request No. 1- KPB 20.30.120 Right -of -Way Width The applicant requests approval to dedicate Alice View Rd. as a 40-foot right-of-way, with a 10-foot utility easement on each side. This provides a total 60-foot right-of-way and utility corridor while reducing the dedicated right-of-way width from the 60 feet required by KPB 20.30.120. 1. Special circumstances or conditions affecting the property: The Phase 2 subdivision is limited in size and creates only four multifamily residential lots. Alice View Rd. is a short local access road that terminates in a hammerhead turnaround and is not intended to serve as a through street. The lots are slightly over 20,000 square feet and are intended for multifamily residential use, where maintaining a functional building envelope is important. The project also includes the extension of city water and sewer service along Hemlock Avenue, with utilities intended to support both this subdivision and future public facilities in the area. 2. Preservation of property right and most practical compliance with Title 20: The exception preserves the owners' ability to make reasonable residential use of the property while still providing public access and utility service. If a full 60-foot dedicated right-of-way is required, the Page 1 of 3 40 required building setbacks would begin farther into the lots and would significantly reduce the usable building area. The proposed 40-foot dedicated right-of-way, combined with 10-foot utility easements on both sides, is the most practical way to meet the intent of Title 20 because it provides access, utility corridors, and orderly subdivision design while avoiding unnecessary loss of buildable area. 3. No detriment to public welfare or injury to nearby property: Granting this exception will not be detrimental to public welfare or injurious to other property. Alice View Rd. will serve only four lots, and the anticipated traffic volume is low. The plat still provides utility easements, access, and a turnaround. Road construction, drainage, grading, and any required improvements remain subject to applicable City of Seward and KPB requirements. Exception Request No. 2 - KPB 20.30.150(A) Acute -Intersection Right -of -Way Corner Radius Requested exception: The applicant requests approval to plat a 20-foot right-of-way corner radius at the acute Hemlock Avenue/ Alice View Rd. intersection. KPB 20.30.150(A) requires a minimum 50-foot radius corner at the right-of-way line where an acute street intersection is designed. 1. Special circumstances or conditions affecting the property: The Hemlock Avenue/Alice View Rd. intersection is created by the Phase 2 plat and is approximately 75 degrees. The intersection angle exceeds the minimum 60-degree angle required by KPB 20.30.150(A), but because it is less than 90 degrees, the acute -intersection corner -radius requirement applies. The new Alice View Rd. right-of-way is short, serves only the four proposed lots, and terminates in a hammerhead turnaround. The KPB topo imagery and project mapping show mild topography in the intersection area and do not indicate steep grade constraints at the proposed connection. 2. Preservation of property right and most practical compliance with Title 20: The requested 20-foot right-of-way corner radius preserves the ability to create functional multifamily lots while still providing a defined public intersection. A 50-foot right-of-way corner radius would consume additional buildable area at the entrance to the subdivision and further compress the already limited lot layout. Because this is a short, low -volume residential right-of-way serving only four lots, the proposed 20-foot radius is the most practical way to comply with the intent of Title 20 without imposing a disproportionate impact on the subdivision design. 3. No detriment to public welfare or injury to nearby property: Granting this exception will not be detrimental to public welfare or injurious to other property. The proposed intersection angle remains above the minimum angle allowed by KPB 20.30.150(A), and the road will serve a limited number of lots with low expected traffic. The applicant understands that the platted right-of-way radius and the constructed roadway return are related but separate design issues. Actual road construction, sight distance, grading, drainage, vehicle turning, and emergency access remain subject to applicable City of Seward and KPB Road Service Area standards. The proposed 20-foot radius is also consistent with the minimum constructed -road return radius identified in KPB 14.06.160(E), subject to any final construction requirements imposed by the reviewing agencies. Page 2 of 3 41 Conclusion: Alignment with Seward's 2030 Comprehensive Plan: The proposed development directly supports the City of Seward's goals to increase housing diversity, promote affordable residential opportunities, and extend cost-effective utilities to buildable land within the city. Key points from Seward's 2030 Comprehensive Plan: • Expanding affordable and diverse year-round housing options. • Enhancing the attractiveness and usability of the highway corridor. • Encouraging investment in residential development to meet the varied needs of the community. • Supporting initiatives that attract new businesses and industries to the Seward area. The requested exceptions are limited to the specific conditions of this Phase 2 plat. Together, they allow a practical subdivision layout, preserve usable multifamily residential building area, support utility extension, and provide public access without creating an unreasonable traffic, safety, or public -welfare impact. The applicant respectfully requests that the Planning Commission grant both exceptions with the Phase 2 preliminary plat approval. For any questions or additional information, please feel free to contact me by phone or email. Sincerely, J (�(./o AK Lands, Land Surveying, LLC by Stacy Wessel Attachments: KPB Exception Request Application Page 3 of 3 42 ((1AN DS \)\—LoSurveying January 26 2026 City of Seward and Kenai Peninsula Borough Subject: Forest Acres and Fort Raymond Subdivision — Seward Gateway Properties Phase 2 — Letter of Authorization To Whom It May Concern: 1 Robert Williams am the owner (or authorized agent) of Lot B1, Forest Acres Subdivision Levee Replat, Plat 2012-17; That portion of U.S. Survey No. 149 described per Deed of Trust recorded July 2, 2024, at Serial No. 2024-000535-0; 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. Phase 2 platting action described on attachment A. Robert Williams Name leobe1 W'll( is RchertWRIrm 4, 1l,3oso,Pl.4d P511 27/01/2026 Signature Date 1 of 1 43 ((1kANDeyingS land Surv— January 26 2026 City of Seward and Kenai Peninsula Borough Subject: Forest Acres and Fort Raymond Subdivision — Seward Gateway Properties Phase 2 — Letter of Authorization To Whom It May Concern: Travis Maur, am the owner (or authorized agent) of Lot B1, Forest Acres Subdivision Levee Replat, Plat 2012-17; That portion of U.S. Survey No. 149 described per Deed of Trust recorded July 2, 2024, at Serial No. 2024-000535-0; 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 ail related activities. Phase 2 platting action described on attachment A. Travis Maurer Name Travis E. Maurer Digitally signed by Travis E. Maurer DN: co=Travis E. Maurer, o=Maurer Consulting, Inc., ou=President, email=travisemaurer@gmail.com, c=US Date: 2626.01.27 06:28:54 •08'W' 27/01/2026 Signature Date 1 of 1 44 CITY OF SEWARD, ALASKA AFFIDAVIT OF MAILING PUBLIC HEARING NOTICE arnCYoc , upon oath, deposes and states: That she is employed in the Community Development Office of the City of Seward, Alaska; and that on AQ1054 1 `? }(w0U she mailed a Notice of Public Hearing to the real property owners within a 300-foot periphery of Forest Acres and Fort Raymond Subdivision, Seward Gateway Properties, Tract 5B-1; Located at 1000 Hemlock Ave and 2405 Seward Highway as prescribed by Seward City Code 15.01.040/16.01.015. Affirmed and signed this I > day of; 2026. (WO 4- 1 1 AFFIDAVIT OF POSTING PUBLIC HEARING NOTICE (Y14 Q ( -roc` k4 , hereby certify that I have posted a Notice of Public Hearing, as prescribed by Seward City Code 15.01.040 for the property located at Forest Acres and Fort Raymond Subdivision, Seward Gateway Properties, Tract 5B-1; Located at 1000 Hemlock Ave and 2405 Seward Highway the owners of which have petitioned for a Public Hearing to replat the above named property, creating Lots 1-4, Forest Acres and Fort Raymond Subdivision, Seward Gateway Properties Phase 2. The notice was posted on 1 N) 0 c) tf' , which is 13 days prior to the public hearing on this petition. I acknowledge this Notice must be posted in plain sight, maintained and displayed until all public hearings have been completed. Affirmed and signed this 18 day of 46 Planning and Zoning Agenda Statement Meeting Date: September 1, 2026 To: Planning and Zoning Commission Through: Daniel Meuninck, Community Development Director From: Courtney Bringhurst, AICP, Planner Agenda Item: Resolution 2026-012, of the Planning and Zoning Commission of the City of Seward, Alaska, recommending City Council and Kenai Peninsula Borough approval of the preliminary plat of Tract H, Seward Original Townsite, Waterfront Park Replat; creating Tract H1, Waterfront Park Replat with associated vacations and dedications Background and justification: Attached for the Commission's review and recommendation to the Kenai Peninsula Borough Planning Commission is a preliminary plat prepared by R&M Consultants, Inc. on behalf of the City of Seward for Tract H, Seward Original Townsite Waterfront Park Replat (Plat 2012-4). The proposed plat will replat Tract H as Tract H1; the parcel boundary will remain unchanged. The plat proposes to vacate existing easements and replace them with new easements that reflect current and planned utility locations while preserving public access to the boat launch. Tract H is located east of Fourth Avenue, north of Van Buren Street, and south of South Harbor Street. The property is split -zoned, with the northern portion zoned Harbor Commercial and the southern portion zoned Park. The property is currently used for parking and access to the south launch boat ramp and transient floats M, N, 0, and P, as well as public restrooms and the Seward Mariner's Memorial. The City initiated a design process for improvements to the South Harbor Uplands in accordance with the Municipal Land Management Plan. The proposed improvements include formalized parking and on -site circulation, a new Harbormaster's Office, extension of the existing boardwalk concept into the South Uplands, and creation of lease lots to encourage economic development. This platting action is intended to prepare the property for future development of those improvements. Existing easements on the property were established through previous plats and do not fully correspond with current and planned utility locations. The proposed plat would vacate those easements and dedicate new easements for utilities and continued public access to the boat launch. No public right-of-way is proposed for vacation, and the proposed changes would maintain access to adjacent properties and the waterfront. 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, 47 proprietor or developer in the manner described in sections 16.05.015." The property currently has access to City utilities, and the proposed plat does not create a new public right-of-way. Therefore, no new subdivision improvements are proposed as part of this platting action. 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 Planning and Zoning Commission must review and comment on a preliminary plat of land located within the City of Seward before submittal to the Borough for approval. Subdivision Review: Zoning: The property is split -zoned, with the north portion zoned Harbor Commercial and the south portion zoned Park. Size: The property is approximately 8.7 acres. Utilities: Public water and sewer service are provided to the parcel. Existing utility easements are proposed for vacation and replacement with newly dedicated easements corresponding to current and planned utility locations. Existing Use: Parking and access to the south launch boat ramp and transient floats M, N, 0, and P. The location of public restrooms and the Seward Mariner's Memorial. Access: The property fronts Fourth Avenue and provides access to the public boat launch. The proposed vacation does not include right-of-way; the application states that adjacent properties retain legal and physical access through constructed rights -of -way and that public boat -launch access will be preserved through a rededicated easement. Flood Zone: The southern edge of the property is located within a FEMA-mapped VE flood zone, and portions along the west side and northern edge are located within the AE flood zone. The primary area proposed for development is outside these FEMA-mapped Special Flood Hazard Areas. Comprehensive and Strategic Plan Consistency Information This legislation is consistent with (citation listed): Comprehensive Vol 1, Chapter 2.2.12.4 Plan: • "Extend boardwalk to the South harbor uplands." Vol 1, Chapter 3.1.1.2 • "Update and expand infrastructure for commercial and industrial properties that are currently underdeveloped." • "Improve and expand maritime facilities." 48 Vol 1, Chapter 3.5.1 • "Maintain a thriving port of Seward through harbor improvements, infrastructure expansion, and implementation of management plans." Vol 1, 3.5.1.1 • "Encourage the growth and development of an efficient, functional boat harbor that meets Seward's commercial and recreational needs." Strategic Plan: N/A 1 Staff Comments Department Comments No Comment N/A Building Department X Fire Department X Public Works Department X Harbor Department X Police Department X Electric Department X Telecommunications X Property owners within three hundred (300) feet of the proposed platting action were notified of this public hearing. Public notice signs were posted on the property and all other public hearing requirements of Seward City Code § 15.01.040 were complied with. At the time of this publication the Community Development Department has received no public inquiries. If any correspondence is received after publication of this agenda statement, it will be submitted to the Commissioners for their review. If the Commission finds the proposed preliminary plat meets the requirements in Seward City Code Titles 15 and 16, they will recommend approval to the Kenai Peninsula Borough Planning Commission. 49 Sponsored by: Applicant Public Hearing: September 1, 2026 CITY OF SEWARD, ALASKA PLANNING AND ZONING COMMISSION RESOLUTION 2026-012 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF SEWARD, ALASKA, RECOMMENDING CITY COUNCIL AND KENAI PENINSULA BOROUGH APPROVAL OF THE PRELIMINARY PLAT OF TRACT H, SEWARD ORIGINAL TOWNSITE WATERFRONT PARK REPLAT; CREATING TRACT H1, WATERFRONT PARK REPLAT WITH ASSOCIATED VACATIONS AND DEDICATIONS WHEREAS, R&M Consultants, Inc. has prepared a preliminary plat on behalf of the City of Seward for Tract H, Seward Original Townsite Waterfront Park Replat, for review and recommendation to the Kenai Peninsula Borough; and WHEREAS, the proposed plat will replat Tract H as Tract H1 while leaving the parcel boundary unchanged, and will vacate and replace existing easements with new easements that reflect current and planned utility locations and preserve public access to the boat launch; and WHEREAS, existing easements on the property were established through previous plats and do not fully correspond with current and planned utility locations; WHEREAS, this platting action is intended to prepare the property for future development of the South Harbor Uplands, including improvements to parking and on -site circulation, a new Harbormaster's Office, extension of the existing boardwalk, and creation of lease lots; and WHEREAS, Tract H is located east of Fourth Avenue, north of Van Buren Street, and south of South Harbor Street; and WHEREAS, the northern portion is zoned Harbor Commercial, the southern portion is zoned Park, and the property is currently used for parking and access to the south launch boat ramp and transient floats M, N, 0, and P, as well as public restrooms and the Seward Mariner's Memorial; and WHEREAS, the property currently has access to City utilities, the proposed plat does not create a new public right-of-way, and no new subdivision improvements are proposed as part of this platting action; 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, it is the Planning and Zoning Commission's responsibility to act in an advisory capacity to the Kenai Peninsula Borough regarding subdivision plat proposals within the City of Seward. 50 CITY OF SEWARD, ALASKA RESOLUTION 2026-012 NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF SEWARD, ALASKA: Section 1. The Commission hereby recommends that, in accordance with Seward City Code Section 16.01.015(B), the Kenai Peninsula Borough approve the preliminary plat of Tract H, Seward Original Townsite Waterfront Park Replat, creating Tract H1, Waterfront Park Replat, with the associated easement vacations and dedications. Section 2. This resolution shall take effect immediately upon adoption. APPROVED BY THE PLANNING AND ZONING COMMISSION THIS 1ST DAY OF SEPTEMBER, 2026. THE CITY OF SEWARD, ALASKA Clare Sullivan, Chair AYES: NOES: ABSENT: ABSTAIN: ATTEST: Kris Peck City Clerk (City Seal) 51 • L..• � ,3,1F34DR$"''. Context Map 414J,7 .34..4141 I,ItJR'F•'I J I • I-nl.rlh AvAve..:"Ave..:"1 FcA h▪ • 120ra I-r ijrl i r'4'•.. C 1'.tiYi I1.7 ar FIc: i rrrltldlta< Ilrt�s�l+nl}1�14�I #IN. *[#F19 ■, rrrr,rr,++r +'1L l L. [EII P i . i ji IN 3.v - = C .. � F _J .�iia11 �• l 11tr 4. 1• ' +. 4F;: 9. * Mlilintell sir ✓ r•.r+r r1rrrrl4rr*s wrap f 1 ExiL .aD# L L .' t F : f- I ° a$ - or 117 Hi lf-1`_'2J... HaIrlrrl • !I. Fick L .• 11 • -r i ■ ■ ■ Iini marl +M• !I Ir14WRId'� all • ■ t•, I- _•*aa J+ l 11-N IFS r F peAtn 4\1 250 feet Preliminary Plat Application Property Map RES 2026-012 - Preliminary plat of Tract H, Seward Original Townsite, Waterfront Park Replat; creating Tract H1, Waterfront Park Replat with associated vacations and dedi- cations Location: 1130 Fourth Avenue Parcel #: 14734008 52 Context Map AE: Areas with a 1/0 annual chance of Flooding and specific base flood elevations VE: Coastal areas with 1% or greater chance of flooding and and additional hazard associated with storm waves X: Areas of minimal flood hazard Preliminary Plat Application Property Map RES 2026-012 - Preliminary plat of Tract H, Seward Original Townsite, Waterfront Park Replat; creating Tract H1, Waterfront Park Replat with associated vacations and dedications Location: 1130 Fourth Avenue Parcel #: 14734008 53 PeA& R&M CONSULTANTS, INC. ANCHORAGE I FAIRBANKS I JUNEAU August 7, 2026 City of Seward Community Development 410 Adams Street Seward, AK 99664 REQUEST: R&M No. 2734.38 The City of Seward owns existing Tract H, Seward Original Townsite Waterfront Park Replat (Plat 2012-4) and proposes vacation of all existing easements dedicated by plats 2000-19 and 2009-17 and rededication of easements in defined locations that make development of this parcel possible. The boundary of the parcel will remain unchanged. Please refer to Easement Vacation Exhibit for additional information on easements proposed for vacation. The preliminary plat identifies and dimensions the easements proposed for dedication. PROPOSED LEGAL DESCRIPTIONS: Tract H1, Seward Original Townsite Waterfront Park Replat PHYSICAL ADDRESS: 1200, 1128,1130, and 1206 Fourth Avenue PARCEL ID NUMBER: 14734008 SITE: Area: +8.7 Acres Utilities: Public Water and Sewer service is provided to this parcel. CURRENT LAND USE: Parking and access to the south launch boat ramp and transient floats M, N, 0, and P. ZONING: Split -zoned, Harbor Commercial and Park Seward Zoning Map .ww. SpM%�+.�WC woo, IINAAA.AJ 146. 111 OFF ea hi c..r w.... Donn . 54 Page 2 of 4 PROPERTY INFORMATION: The subject property is located east of Fourth Avenue, north of Van Buren Street and south of South Harbor Street. The property is split -zoned with the north portion being zoned Harbor Commercial and the south portion zoned Park. Tract H was created by Plat No. 2012-4 (Seward Original Townsite Waterfront Park Replat) which included the creation of eight large tracts (A-H), dedication of right-of-way, and the vacation of right-of-way. PROJECT BACKGROUND: The existing Harbormaster's Office, located at 1300 Fourth Avenue, was constructed in 1968 as part of the Harbor Reconstruction Plan after the 1964 Good Friday earthquake and has undergone numerous remodels and major repairs over the years. The building is beyond its useful life and no longer effectively meets the operational needs of the community. The Harbormaster's Office is currently a single -story structure that houses public restrooms and showers. Its location is no longer ideal, as views of the harbor are obstructed entirely by developed waterfront lease lots and a primary bus stop which services significant volumes of tourism traffic situated directly outside the building. As such, the City of Seward initiated a design process in accordance with the Municipal Land Management Plan to consider improvements to the South Harbor Uplands that would: i. formalize parking and on -site circulation through paving, signing striping, and other site improvements; 2. host a new Harbormaster's Office; 3. extend the boardwalk concept present between B and D float accesses to the South Uplands; and 4. create lease lots and encourage economic development in the area. This platting action will prepare the property for future development of this project. EASEMENT VACATION: This platting action proposes the vacation of all existing easements within the subject property and the rededication of new easements to correspond with the current and planned locations of utility infrastructure and public access to the boat launch. The action is intended to eliminate obsolete easements, ensure accurate easement placement, and maintain continued public and utility access. Easements requested for vacation depicted in Exhibit 1 include: • An undimensioned public boat launch and utility easement dedicated by Plat 2000-19. • An undimensioned utility easement located on the west side of Tract H dedicated by Plat 2009-17. • A 20-foot-wide utility easement running generally north/south dedicated by Plat 2000-19. • A 30-foot-wide utility easement running east/west through the center of Tract H dedicated by Plat 2009-17. • A 20-foot-wide utility easement running east/west on the south side of Tract H dedicated by Plat 2009-17. • A 20-foot-wide utility easement running east/west on the north side of Tract H dedicated by Plat 2009-17. • An undimensioned portion of a utility easement on the east side of Tract H dedicated by Plat 2009-17. The City of Seward does not currently have criteria for evaluating requests for easement vacation. Because the Kenai Peninsula Borough (KPB) has final decision -making authority, it's appropriate to address its criteria. KPB 20.65.050 states that the planning commission shall consider the following: �. The right-of-way or public easement to be vacated is being used; Response: With redevelopment of the property, utilities will be relocated. To ensure that all utilities are protected and public access retained, newly dedicated easements will be defined and centered on the newly installed utilities. 55 Page 3 of 4 2 A road is impossible or impractical to construct, and alternative access has been provided; Response: The proposed vacation does not include right-of-way. All adjacent property is provided legal and physical access to dedicated and constructed rights -of -way. 3. The surrounding area is fully developed and all planned or needed rights -of -way and utilities are constructed; Response: As stated in standard #2, the proposed vacation does not include right-of-way. The surrounding area is developed, and all adjacent property is provided legal and physical access via constructed rights -of -way. 4. The vacation of a public right-of-way provides access to a lake, river, or other area with public interest or value, and if so, whether equal or superior access is provided; Response: The proposed easement vacations will not adversely affect the public's ability to access a lake, river, or other area of public interest. The proposed vacation and rededication will maintain public access to the waterbody. The action is intended to clarify and formalize easement locations and dimensions rather than eliminate public access opportunities. The rededicated boat launch easement will continue to provide public access and will establish a defined and legally described access corridor. 5. The proposed vacation would limit opportunities for interconnectivity with adjacent parcels, whether developed or undeveloped; Response: The proposed vacations will not limit opportunities for interconnectivity with adjacent parcels. This action is intended to relocate and better define easements while retaining access to the public boat launch and making development of the remainder of the parcel possible. 6. Other public access, other than general road use, exist or are feasible for the right-of-way; Response: The proposed vacation and rededication will preserve public access to the waterbody through the rededicated boat launch easement. The action replaces the existing undimensioned easement with a clearly defined and legally described easement. 7. All existing and future utility requirements are met. Rights -of -way which are utilized by a utility, or which logically would be required by a utility, shall not be vacated, unless it can be demonstrated that equal or superior access is or will be available. Where an easement would satisfactorily serve the utility interests, and no other public need for the right-of-way exists, the commission may approve the vacation and require that a utility easement be granted in place of the right-of-way. Response: All existing and future utility requirements will continue to be met through the rededication of easements. No utility services will be adversely affected, and the proposed easement configuration more accurately reflects the utility layout while preserving the rights and access necessary to serve the property and surrounding area. Because the utility functions can be adequately accommodated within dedicated utility easements, it appears no additional public need exists for the existing easements. 8. Any other factors that are relevant to the vacation application or the area proposed to be vacated. Response: This vacation request is intended to eliminate obsolete easements, ensure accurate easement placement, and maintain continued public and utility access. It appears that no other factors are relevant to this vacation request. 56 Page 4 of 4 CONCLUSION: The plat proposes to vacate all existing easements and rededicate them to cover relocated utilities, ensure continued public access to the boat launch, and to better define the easement's location. This platting action complies with Title 15, Planning and Land Use Regulations, Title 16, Subdivisions, and all applicable land use plans. Thank you for considering this request and please contact me directly with any questions or requests for additional information. Sincerely, Taryn Oleson-Yelle, AICP R&M Consultants, Inc. 57 CERTIFICATE OF OWNERSHIP AND DEDICATION 30 28 27 26 25 I (WE), HEREBY CERTIFY THAT I (WE) HOLD THE HEREIN SPECIFIED PROPERTY INTEREST IN THE PROPERTY DESCRIBED HEREON. I (WE) HEREBY DEDICATE TO THE MUNICIPALITY ALL AREAS DEPICTED FOR USE AS PUBLIC UTILITY EASEMENTS, STREETS, ALLEYS, THOROUGHFARES, PARKS, AND OTHER PUBLIC AREAS SHOWN HEREON. THERE SHALL BE RESERVED ADJACENT TO THE DEDICATED STREETS SHOWN HEREON A SLOPE RESERVATION EASEMENT SUFFICIENT TO CONTAIN CUT AND FILL SLOPES OF 1.5 FEET HORIZONTAL FOR EACH ONE FOOT VERTICAL (1.5 TO 1) OF CUT OR FILL FOR THE PURPOSE OF PROVIDING AND MAINTAINING THE LATERAL SUPPORT OF THE CONSTRUCTED STREETS. THERE IS RESERVED TO THE GRANTORS, THEIR HEIRS, SUCCESSORS AND ASSIGNS, THE RIGHT TO USE SUCH AREAS AT ANY TIME UPON PROVIDING AND MAINTAINING OTHER ADEQUATE LATERAL SUPPORT, AS APPROVED BY THE MUNICIPALITY. I (WE) HEREBY AGREE TO THIS PLAT, AND TO ANY RESTRICTION OR COVENANT APPEARING HEREON AND ANY SUCH RESTRICTION OR COVENANT SHALL BE BINDING AND ENFORCEABLE AGAINST PRESENT AND SUCCESSIVE OWNERS OF THIS SUBDIVIDED PROPERTY CITY MANAGER CITY OF SEWARD OWNERS, TRACT H, WATERFRONT PARK REPLAT 410 ADAMS STREET, SEWARD, AK. 99664 NOTARY ACKNOWLEDGMENT SUBSCRIBED AND SWORN BEFORE ME THIS FOR: NOTARY PUBLIC PLAT APPROVAL DAY OF ,2026, MY COMMISSION EXPIRES THIS PLAT WAS APPROVED BY THE KENAI PENINSULA BOROUGH PLANNING COMMISSION AT THE MEETING OF AUGUST XX, 2022. KENAI PENINSULA BOROUGH AUTHORIZED OFFICIAL CERTIFICATE OF ACCEPTANCE THE UNDERSIGNED OFFICIAL IDENTIFIED BY NAME AND TITLE IS AUTHORIZED TO ACCEPT AND HEREBY ACCEPTS ON BEHALF OF THE CITY OF SEWARD FOR PUBLIC USES AND FOR PUBLIC PURPOSED 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. PRINTED NAME/TITLE SIGNATURE/DATE CITY OF SEWARD NOTES 1. THE PURPOSE OF THIS REPLAT IS TO VACATE ALL EXISTING EASEMENTS WITHIN TRACT H AND DEDICATE NEW EASEMENTS BASED ON THE NEW ACTUAL LOCATIONS OF UTILITIES IN THE GROUND. 2. CONTOUR INTERVAL IS ONE FOOT. 3. THE PROPERTY LINE SHOWN ALONG THE MEAN HIGH WATER LINE IS BASED ON A VERTICAL TIE TO TIDAL DATUM 9455090, SEWARD, RESURRECTION BAY, ALASKA, HAVING A MEAN HIGH WATER ELEVATION OF 9.7 FEET. THE BOUNDARY SHOWN ALONG THE MEANDER LINE APPROXIMATES THIS ELEVATION AND IS USED FOR ACREAGE ONLY. THE LEGAL BOUNDARY FOR THE TIDALLY INFLUENCED PORTION OF THE SUBDIVISION IS THE ACTUAL MEAN HIGH WATER LINE. 60 GRAPHIC SCALE 0 30 60 120 SOUTHSIDE HARBOR ST. LOT 1 '4- ' L4- ; ; L1 LOT 2 I _ �LJ L .LJ cl_ L1JI r• '4, I I L 1J PLAT No. 20000-19 PLAT No. 2019-13 co (2, 4TH AVENUE ( 1N FEET ) 1 inch = 60 ft. CO n J 7" W 343.50' N 0 O Z co C F-11/"11 /"\ Fl1 `1 . I\/I I I I L7 F< I /"\ 1 -�/"\ F e 141 F. 1 1/ \L.,.,1 L8 PLAT No. 2900-19 L14 L15 N 89° 44, 07" E 29.31' �L9 y10 L11 t PLAT No. 2000-19 L13 S 29°115'15" W 15.83' c.' 11111111�,K1; BOAT LAUNCH & /� /, %UTILITY EASEMENT DEDICATED BY ; i// / HIS PLAT ////./I j� //�//%%j • f—rt S 89°30'43" W 182.56' ire L;,; A J N W 129.43, UTILITY EASEMENT DEDICATED BY THIS PLAT CO 0 J 1 PLAT No} 2 L12 3.33, N 1127'41" W 14.83' N 29°12'34" E 35.37' N 1 °22'55" E 72.80' N 61 °29'20" W 51.93' _N 16°05'38" W 39.18' TRACT G N 45°14'29" W 55.61' /• r- 1 A/ A r\ r\ F-- /\/ /_\ F( I I V V / \ 1 \ L/ N 90°00'00" E 496.23' s S —20 N 89°58'48" W 572.23' TRACT H r\ 1/\ I n I A I I- ( 1 1 , 1 I\ I /\ 1 rs ` A ` rs FA II ;\\ 1 I--1 / \I-e FA II Ff `\` S 89°06'16" W 850.36' UTILITY EASEMENT DEDICATED BY THIS PLAT — —I— \ A / I I \I \/\/ I \I I 1 1-- 1/ A -1- r- r\ r- r\ /\ n 1 -1- r\ A r\ 1 / F / /‘ Fe A PLAT No. 2012-4 364,552 SQ. FT. 8.369 AC. PROPOSED TRAC � 20 N 50°50'05" 38.77' N TRACT A I` `I F! I I -. I l \ I ; _\ 1 _ —I I` `I '\r/"/ / I \ I `-. 1 1 F N N N N r \ r - r \ A —I— F ! 1- - F / 1 / \ 1 1 \ L— 1 L_ / \ 1 II S 0°01'12" W 6.48' I` `" in irsr-rs I I\ I `.. I; F< 1 i V I 1/ 1 1; II- - I I F! - I \/ I; \\11\ 1 I II-- F! N 47°07'26" E 37.88' N 56°11'20" E 30.27' .r •c• V •o f A4 4 t k *• 49TH /\ •*T/� te. o%° • David C. H°l.. �+ s LS 10395 ••�l'/ i° •• • ... a• G'• Ase� irOfessiono� ewes 369 31 29 / 32 33 Scheffler Creek 6 5 4 rp 36 T1 N 12 7 8 9 3 2 THIS T1 S r 1 Seward PROJECT \ 10 11 4) 61° 12 13 N 18 17 Gt ee* 16 a> 14 13 24 19 20 21 22 23 24 VICINITY MAP Scale: 1"=1 Mile SEWARD MERIDIAN, AK. co 03040 ;it /7,:y4,,zi...„ L;.>� SURVEYOR'S CERTIFICATE S 67°03'44" W 23.17' T N 56°55'19" W 20.42' N 0°15'38" E 26.48' ;i\i;;i;,1.1 i'1i iF,IF_I I FeF_IVI /\ i1\i1 IIF_Fe I, DAVID C. HALE, PROFESSIONAL LAND SURVEYOR, DO HEREBY CERTIFY THAT THE PLAT OF WATERFRONT PARK REPLAT IS A TRUE AND CORRECT REPRESENTATION OF LANDS ACTUALLY SURVEYED AND THAT THE DISTANCES AND BEARINGS ARE SHOWN CORRECTLY AND THAT ALL PERMANENT EXTERIOR CONTROL MONUMENTS, ALL OTHER MONUMENTS, AND LOT CORNERS HAVE BEEN SET AND STAKED, OR IF FINAL COMPLETION IS ASSURED BY SUBDIVISION AGREEMENT, THEY WILL BE SET AS SPECIFIED IN SAID SUBDIVISION AGREEMENT. LOT CORNERS TO BE SET BY N/A. MONUMENTS TO BE SET BY N/A. DAVID C. HALE, L.S. 10395 DATE PRELIMINARY PLAT OF WATER FRONT PARK REPLAT WITH VACATIONS & DEDICATIONS PROPOSED TRACT H1 AN 8.699 ACRE REPLAT OF TRACT H, SEWARD ORIGINAL TOWNSITE WATERFRONT PARK REPLAT, ACCORDING TO PLAT No. 2012-4, SEWARD RECORDING DISTRICT, THIRD JUDICIAL DISTRICT, STATE OF ALASKA LOCATED WITHIN THE SW1/4 OF SECTION 3, TOWNSHIP 1 SOUTH, RANGE 1 WEST, SEWARD MERIDIAN, ALASKA SURVEYOR: 9101 Vanguard Drive, Anchorage, Alaska, 99507 PH (907) 522-1707 FAX (907) 522-3403 LIC. No. AECC111 www.rmconsult.com — email©rmconsult.com DRAWN: DCH SCALE: 1 "=60' I PROJECT: 2734.38 GRID: "` \ 111/ / I F- F! F- F! I I I\1 I F- " /_\ F! K F! F- F- 1 /\ I PLAT No. 2012-4 N N CHECKED: DCH FIELD BK: 2734.38 I DATE: 08/06/26 SHEET: 1 OF 1 58 0 w 0 0 U U 0 0 m_ = jw / Ll PLAT jlo~2000`19 \/ L14 L13 L12 S 29°05'15"W 15.83' N 1°2 '41"W ems., 14.83' ti N 89'44'07" E EXISTING PUBLIC BOAT LAUNCH AND UTILITY EASEMENT PER PLAT No. 2000-19 (APPROXIMATE LOCATION) \ \ \ \ \ EXI PERENT - TPINGLAT No. TILITY 200917 \ \ \0 \ \ \ q r \ \ F \ \ P\ \ ?/ \\ \ate \tea\ \Zi•\ \ \ No\ \ 8 \ \ \ EXISTING EASEMENT PER PLAT No. 2009-17 AREA BEING VACATED EXISTING EASEMENT PER PLAT No. 2000-19 AREA BEING VACATED GRAPHIC SCALE c'°7C11111111111111111111 • \`•A "lie ct Q• _'ti. laTi ilik I S80°23'S9"E88.41'- /- - •• 400 V. IV V/ , -'-.Fff�� r MI *. a a: irsttieleaadialti1- • -71 — A IF /0/•a•:n:a• : ....7 ; 44 0-, a0 it ipiiii opd p HIP 4. 1• lisr friolif � % i•I•g7 I ai �%i I.14!� a.• Pa• i a ;!°:;:t4e:„i:lfEf: •SO a . /a• • W �•• ��Iia•� /a�a PP •�rr'^iS;9• `/�/'� /a• • -•• II i••1 j'ato •1 /.d /aI� I•a•�_�a•' /� op a t1�So 9 I• ?I1 Ia•/a �/•�I, .�:'� 15t PGZp1P'Z Not �� Y� ; •r/a:a' a•1 /a•I ��• I .'tea• /a E • N ® .- • : ► a•/ =a•/; • 1: 11!.�!.a•' *�� !a.� a 1 /aI i • •J!1 N75°tns.e- a•(I�; / 5'35" W 73. 33, 9°12' -"E I 7- EXISTING 20' UTILITY EASEMENT PER PLAT No. 2009-17 EXISTING 30' UTILITY EASEMENT PER PLAT No. 2009-17 TRACT H PLAT No. 2012-4 378,940 SQ. FT. 8.699 AC. PAL- ISTI G Ty0F7A§gMEN PER PLAT No. 20 ( IN FEET ) 1 inch = 40 ft. WATERFRONT PARK REPLAT EASEMENT VACATION EXHIBIT TRACT H, SEWARD ORIGINAL TOWNSITE WATERFRONT PARK REPLAT (PLAT No. 2012-4). LOCATED WITHIN THE SW 1/4, SECTION 3, TOWNSHIP 1 SOUTH, RANGE 1 WEST, SEWARD MERIDIAN, ALASKA SEWARD RECORDING DISTRICT 9101 Vanguard Drive, Anchorage, Alaska, 99507 PH (907) 522-1707 FAX (907) 522-3403 www.rrnconsult.com DRAWN: NP CHECKED: DCH SCALE 1"=40' FIELD BK: 2734.38 PROJECT: 2734.38 DATE: 06/24/2026 GRID: SHEET: 1 OF 1 9 CITY OF SEWARD, ALASKA AFFIDAVIT OF MAILING PUBLIC HEARING NOTICE ,)ct « ' te _ Y cc 1(c , upon oath, deposes and states: That she is employed in the Community Development Office of the City of Seward, Alaska; and that on �vciuSi Q, );�0;)(0 she mailed a Notice of Public Hearing to the real property owners within a 300-foot periphery of Seward Original Townsite, Waterfront Park Replat, Tract H; Located at 1130 Fourth Avenue as prescribed by Seward City Code 15.01.040/16.01.015. Affirmed and signed this I B day of t jus} 2026. I 60 AFFIDAVIT OF POSTING PUBLIC HEARING NOTICE I,7-0,n14 CXoc)cQ V , hereby certify that I have posted a Notice of Public Hearing, as prescribed by Seward City Code 15.01.040 for the property located at Seward Original Townsite, Waterfront Park Replat, Tract H; Located at 1130 Fourth Avenue the owners of which have petitioned for a Public Hearing to replat the above named property, creating Tract H1, Waterfront Park Replat with associated vacations and dedications. The notice was posted on 9 ) j -O3 (.0 , which is I3 days prior to the public hearing on this petition. I acknowledge this Notice must be posted in plain sight, maintained and displayed until all public hearings have been completed. Affirmed and signed this 1 ?) day of liAOCI , 2026. d Signature 61 Planning and Zoning Agenda Statement Meeting Date: September 1, 2026 To: Planning and Zoning Commission Through: Daniel Meuninck, Community Development Director From: Courtney Bringhurst, Planner Agenda Item: Resolution 2026-013 of the Planning and Zoning Commission of the City of Seward, Alaska, recommending City Council amend Seward City Code § 16.01 and § 16.05 to clarify public improvement requirements when subdividing, developing, or selling land Background and justification: This proposed ordinance clarifies and updates the City of Seward's subdivision requirements for the installation of public improvements. For approximately 50 years, the City has required developers subdividing property within City limits, unless an applicable exception applies, to provide public infrastructure such as streets, communication and electrical lines, water and sewer systems, and street lighting. Requiring public improvements as part of the subdivision process helps ensure that newly created lots have the infrastructure and access necessary for development. Completing improvements at the subdivision stage may also allow those costs to be incorporated into the purchase price of the property and financed through a long-term mortgage. When improvements are deferred until after lots are sold, individual property owners may face substantial costs that are more difficult to finance, potentially delaying development and shifting the initial cost of improvements to property owners or the City through a local improvement district. The proposed ordinance maintains the City's longstanding requirement that developers provide required public improvements while clarifying when those improvements must be provided and establishing more specific standards and procedures for subdivision review, construction plans, utilities, drainage, streets, pedestrian facilities, and street lighting. The Planning and Zoning Commission held work sessions on February 17, 2026 and March 17, 2026 to review and discuss the proposed changes. The effect of the proposed legislation would be to: • Clarify that developers are responsible for required public improvements • Make the timing of improvements more explicit • Eliminate existing exceptions for certain older subdivisions • Clarifies the formal City preliminary plat review process before Borough platting review • Adds detailed construction -plan requirements • Adds utility -access and easement standards • Establishes more specific public -water connection requirements and a waiver process • Allows specified alternative water systems and standards when a waiver is approved • Creates a specific 200-foot standard for public sewer connections 62 • Establishes standards for alternative wastewater systems • Strengthens electrical and communications infrastructure requirements • Makes drainage a specifically defined required public improvement • Significantly expands street construction standards • Adds subdivision design and pedestrian requirements • Creates more detailed street -lighting standards Comprehensive and Strategic Plan Consistency Information This legislation is consistent with (citation listed): Comprehensive Vol 1, Chapter 2.2 — Community Values Plan: • 2.2.8 — City Government: "Continue to review and update the city code." • 2.2.10 — Land Development: "Ensure all adopted codes reflect community values." Vol 1, Chapter 3.2.1.1 • `Ensure uniform and consistent enforcement of the zoning code, building code, subdivision ordinance, and city lease agreements, and evaluate potential code changes to make enforcement easier." Strategic Plan: N/A Other: N/A Public Comment The public hearing posting requirements of Seward City Code § 15.01.040(A)(1) were complied with. At the time of this publication, the Community Development Department has not received public inquiries that have been forwarded to the Commission. If any correspondence is received after publication of this agenda statement, it will be submitted to the Commissioners for their review. Recommendation The proposed amendments to Title 16 have been reviewed thoroughly by staff, the Commission, and the public in various work sessions. If the Commission is in favor of the amendments, §2.30.225B and § 15.01.035 give the Commission power to provide a recommendation to City Council to amend Seward City Code as outlined in the attached Ordinance 2026-XXX. 63 Sponsored by: Staff Public Hearing: September 1, 2026 CITY OF SEWARD, ALASKA PLANNING AND ZONING COMMISSION RESOLUTION 2026-013 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF SEWARD, ALASKA, RECOMMENDING CITY COUNCIL AMEND SEWARD CITY CODE §16.01 AND §16.05 TO CLARIFY PUBLIC IMPROVEMENT REQUIREMENTS WHEN SUBDIVIDING, DEVELOPING, OR SELLING LAND WHEREAS, it is in the best interest of the community to periodically review and update the Seward zoning code to reflect community changes and needs; and WHEREAS, for half a century, the City of Seward has required developers to install public improvements when subdividing property; and WHEREAS, since at least 1977, unless an exception applied, a developer that subdivides property within the City limits has been required to provide public streets, telephone, electrical lines, water system, sewage disposal system, and street lighting. Compare SCC 16.01.015 with Ordinance 443, Section 23-1 (1977); and WHEREAS, subdivision public improvements are a win -win because they substantially increase the value of subdivided land, provide amenities expected by residents, while also benefiting subsequent buyers and the public by having reasonable and necessary utilities and road access, which are essential for modern life; and WHEREAS, the most financially beneficial time to install the public improvements is at the time of subdivision because that allows subsequent buyers to wrap the subdivision improvement costs into the purchase costs with a 30-year mortgage; and WHEREAS, if subdivision public improvements are delayed until after the subdivided lots are sold, then the buyers are financially disadvantaged because they cannot wrap the subdivision improvement construction costs into the purchase loan and they typically cannot afford the subdivision improvement construction costs, which prevents the properties from being developed, suppresses the property values, harms the economy, and harms the other taxpayers who have to initially pay for the improvements with a local improvement district; and WHEREAS, the Planning and Zoning Commission held work sessions on February 17 and March 17 to review and discuss the proposed changes; and WHEREAS, the City presents this ordinance to clarify the code without altering the underlying requirements that developers that subdivide property are required to install public improvements. 64 CITY OF SEWARD, ALASKA RESOLUTION 2026-013 NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF SEWARD, ALASKA: Section 1. The Planning and Zoning Commission recommends Ordinance 2026-XXX attached and incorporated herein by reference, be forwarded to City Council for approval. Section 2. This resolution shall take effect immediately upon adoption. APPROVED BY THE PLANNING AND ZONING COMMISSION THIS 1st DAY OF SEPTEMBER, 2026. Clare Sullivan, Chair AYES: NOES: AB SENT: ABSTAIN: VACANT: ATTEST: Kris Peck City Clerk (City Seal) 65 Sponsored: Sorensen Introduction: Month XX, 2026 Public Hearing: Month XX, 2026 Enactment: TBD CITY OF SEWARD, ALASKA ORDINANCE 2026-XXX AN ORDINANCE OF THE SEWARD CITY COUNCIL, AMENDING SEWARD CITY CODE §16.01 AND §16.05 TO CLARIFY PUBLIC IMPROVEMENT REQUIREMENTS WHEN SUBDIVIDING, DEVELOPING, OR SELLING LAND. WHEREAS, for half a century, the City of Seward has required developers to install public improvements when subdividing property; and WHEREAS, since at least 1977, unless an exception applied, a developer that subdivides property within the City limits has been required to provide public streets, telephone, electrical lines, water system, sewage disposal system, and street lighting. Compare SCC 16.01.015 with Ordinance 443, Section 23-1 (1977); and WHEREAS, subdivision public improvements are a win -win because they substantially increase the value of subdivided land, provide amenities expected by residents, while also benefiting subsequent buyers and the public by having reasonable and necessary utilities and road access, which are essential for modern life; and WHEREAS, the most financially beneficial time to install the public improvements is at the time of subdivision because that allows subsequent buyers to wrap the subdivision improvement costs into the purchase costs with a 30-year mortgage, which makes housing more affordable; and WHEREAS, if subdivision public improvements are delayed until after the subdivided lots are sold, then the buyers are financially disadvantaged because they cannot wrap the subdivision improvement construction costs into the purchase loan and they typically cannot afford the subdivision improvement construction costs, which prevents the properties from being developed, suppresses the property values, harms the economy, makes housing more expensive, and harms the other taxpayers who have to initially pay for the improvements with a local improvement district; and WHEREAS, the City presents this ordinance to clarify the code without altering the underlying requirements that developers that subdivide property are required to install public improvements. NOW, THEREFORE, THE CITY OF SEWARD ORDAINS: Section 1. Seward City Code Chapter 16.01 General Provisions is amended by enacting a new section to read as follows (new language is in bolded italics and underlined): 16.01.005. Purpose. A. The purpose of this chapter is to: 1. Establish design and development criteria for public and private improvements; 66 CITY OF SEWARD, ALASKA ORDINANCE 2026-XXX 2. Define what are required public improvements; 3. Regulate when required public improvements must be installed to maximize opportunities for property owners to wrap public improvement construction costs into a long-term mortgage, which makes housing more affordable; and 4. Outline the procedures and responsibilities of the developer for furnishine plans and completing the improvements. B. This article applies to any division or redivision of real property within the corporate boundary of the City of Seward. This article does not apply to land leases or cemetery plots. Section 2. Seward City Code Section 16.01.015 Conditions to Plat Approval is hereby amended to read as follows (new language is in bolded italics and underlined, and deleted language is stricken): 16.01.015. Conditions to plat approval. A. The applicant must install all the required public improvements within the boundaries of the development and may be required to make improvements beyond the development boundary for all the improvements to function properly. In addition, improvements must be desijned and constructed to provide for future extension to adioininji lands. 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 manner described in section 16.05.015. B. No final plat for the subdivision or resubdivision of land located within the city limits may be approved by the city unless all 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 section 16.05.015. No preliminary plat of city owned property may be submitted to the Kenai Peninsula Borough planning commission for approval without the prior consent of the city council. C. Public posting. The applicant shall post the property subject to the application with public notices as provided by the city at least ten days before the date of the required public hearing. Such notices shall be placed so as to be visible from each improved street adjacent to the property. The applicant is responsible for removing the posted notices within five days after the hearing is completed. Failure to properly post notices is grounds for deferral or denial of the application. No one except the applicant, an agent of the applicant, or the city shall remove or tamper with any such required posted notice during the period it is required to be maintained under this paragraph. D. Proof of posting. Before the public hearing, the applicant shall submit to the city an affidavit signed by the person who posted the notice or caused the posting to be done that the notice was posted as required by this section. E. Notification of neighboring property owners. A notice of preliminary plat review shall be mailed not less than ten days prior to the meeting review date to the owners of record on the 67 CITY OF SEWARD, ALASKA ORDINANCE 2026-XXX Kenai Peninsula Borough assessor records of real property within 300 feet of the periphery of the parcel affected by the proposed plat. F. A plat submitted to create a single parcel through the vacation of interior lot lines shall be exempt from subsection (c), public posting, (d), proof of posting and (e), notification of neighboring property owners. G. Construction plans. Upon approval of the preliminary plat and before the start of any construction, the developer must submit construction plans for all proposed required public improvements and associated private improvements and utilities within and outside the proposed development's boundary. (Ord. 443, 1977; Ord. 580, 1986; Ord. 610, 1988; Ord. 97-01; Ord. 98-06) Section 3. Seward City Code Section 16.01.020 Conveyances Restricted In Present Subdivisions is hereby amended to read as follows (new language is in bolded italics and underlined, and deleted language is stricken): 16.01.020. Conveyances restricted in present subdivisions. The owner of land located in a subdivision may not transfer, sell, offer to sell, or enter a contract to sell land in a subdivision before a plat of the subdivision has been reviewed by the City, approved by the Boroukh plattink authority, and recorded in accordance with state law. A person may not file or record a plat or other document depicting subdivided land in a public recorder's office unless the plat or document has been reviewed by the City and approved by the Borough platting authority. Except as provided in section 16.05.030, no owner of record as of October 1, 1977, of undeveloped lots located within an area covered by a valid plat recorded prior to November 28, 1977, shall convey any such lots to any other person unless he first provides for such lots the public improvements required by section 16.05.010 in the manner described in section 16.05.015. (Ord. 443, 1977; Ord. 610, 1988) Section 4. Seward City Code Section 16.01.025 Building Permits Restricted is hereby amended to read as follows (new language is in bolded italics and underlined, and deleted language is stricken): 16.01.025. Building permits restricted. A. No building permit shall be issued for construction of a dwelling unit on an undeveloped lot located within an area covered by a valid plat recorded prior to November 28, 1977, until the owner thereof has provided for such required public improvements to the lot as if the owner were subdividing to create the lot. lots the public improvements required by section 16.05.010 in the manner described in section 16.05.015. 68 CITY OF SEWARD, ALASKA ORDINANCE 2026-XXX Section 5. Seward City Code Section 16.01.030 Exceptions is hereby amended to read as follows (new language is in bolded italics and underlined, and deleted language is stricken): 16.01.030. Reserved. Exceptions. The restrictions set forth in sections 16.01.020 and 16.01.025 are modified as follows: 1. Where the subdivider, owner, proprietor or developer owns not more than six undeveloped lots located within an area covered by a valid plat recorded prior to the effective date of this title, the restrictions of sections 16.01.020 and 16.01.025 shall not 2. Where the subdivider, owner, proprietor or developer of the undeveloped lots conveys all of his lots to a single person in a bulk sale, the restrictions of sections 16.01.020 and 16.01.025 shall not apply to such conveyances; however, all such restrictions shall apply to the transferee of such lots. 3. Where the subdivider, owner, proprietor or developer of such undeveloped lots serves upon the city manager written notice of his intent to convey or construct, and the city manager certifies that the city cannot provide access to a particular public improvement required by section 16.05.010 within six months after receipt of notice of such intent, the subdivider, owner, proprietor or developer shall not be required to provide that particular improvement prior to the lawful conveyance of such lot or prior to the issuance of a building permit for the construction of a dwelling unit on such lot. (Ord. 443, 1977; Ord. 610, 1988) Section 6. Seward City Code Chapter 16.01 General Provisions is amended by enacting a new section to read as follows (new language is in bolded italics and underlined): 16.01.045 Review and approval. A. Any proposed vacation, subdivision, or replat showing a subdivision of land lying within the corporate boundary of the City of Seward must first be submitted to the city for review prior to submitting the plat to the Kenai Peninsula Borough planning department. B. Prior to filing a platting or subdivision application with the city, the applicant may request a pre -application conference with city staff to discuss the proposal and relevant city regulations. C. Applications for preliminary plats must comply with the requirements of this chapter Sections 20.25.070 and 20.25.080 of the Kenai Peninsula Borough Code of Ordinances, and must be submitted with a completed Kenai Peninsula Borough Plat Submittal Form. D. A plat review fee as established by the current City of Seward fee schedule must be submitted to the city at the time of application. 69 CITY OF SEWARD, ALASKA ORDINANCE 2026-XXX E. Upon acceptance of the application, the subdivision request must be scheduled for review and recommendation before the city planning and zoning commission. E The city planning and zoning commission must review the proposed action, take public testimony, and adopt a written recommendation for the borough platting authority. G. If the city notifies the borough platting authority or if the borough platting authority identifies that a final plat under review has substantially changed from the preliminary plat reviewed by the city planning and zoning commission, the citv's previous recommendation of approval is revoked and the plat must be returned to the city's planning and zoning commission for further review. The following are examples of a substantial change: a change in alignment or dedication of a right-of-way, addition of one or more lots, or a major change in lot design. In such instances, the city planning and zoning commission must review the revised plat, take public testimony, and adopt a written recommendation for the borough platting authority. H. The Kenai Peninsula Borough Planning Director or the Planning Commission, as described in borough code, are the platting authorities for subdivision applications within the City of Seward. L Notwithstanding the other provisions in this section, no preliminary plat of city -owned property may be submitted to the Kenai Peninsula Borough platting authority for approval without the prior consent of the city council. Section 7. Seward City Code Chapter 16.01 General Provisions is amended by enacting a new section to read as follows (new language is in bolded italics and underlined): 16.01.050 Conflict with other laws. If a section in this title conflicts with another ordinance, unless the right to do so is preempted or prohibited by the state or federal law, the following rules apply. In case of conflict between the provisions of this title and another ordinance, the more specific provisiongoverns. If no specific provision exists, the more restrictive provision governs. If two provisions are equally specific, the more restrictive provision koverns. Section 8. Seward City Code Section 16.05.010 Required Public Improvements is hereby amended to read as follows (new language is in bolded italics and underlined, and deleted language is stricken): 16.05.010. Required public improvements. A. The subdivider, owner, proprietor, or developer must install all the required public improvements within the boundaries of the development and may be required to make improvements beyond the development boundary for all the improvements to function properly. 70 CITY OF SEWARD, ALASKA ORDINANCE 2026-XXX B. The term "required public improvements" shall mean the following: 1. Streets. All streets located within a subdivision subject to the requirements of this title shall be not less than 50 feet in width and shall be gravel surfaced according to city specifications. For specific requirements see section 16.05.050. 2. Communication and electric lines. All new communication and electric lints shall be installed underground, unless found to be impractical by the commission and affirmed by the city council, and in accordance with specifications of the appropriate utility companies and the city. For specific requirements see section 16.05.040. 3. Water system. Where the city water system will service the area covered by the plat or proposed plat, the subdivider shall provide the water system in accordancc with the specifications established by the commission and affirmed by the city council. Fire hydrants shall be provided to standards established by the American Waterworks Association and shall be a brand specified by the city. The subdivider shall not be required to drill individual wells. For specific requirements see section 16.05.030. 4. Sewake disposal Sewer system. Where the city sewer system will service the area covered by the plat or proposed plat, the subdivider shall provide the sewer system in compliance with all applicable state and federal health and environmental laws and regulations. For specific requirements see section 16.05.035. 5. Street lighting. Street lighting shall be installed in accordance with the requirements of the city. For specific requirements see section 16.05.050. 6. Drainage_ For specific requirements see section 16.05.045. Section 9. Seward City Code Section 16.05.015 Compliance Procedure is hereby amended to read as follows (new language is in bolded italics and underlined, and deleted language is stricken): 16.05.015. Compliance procedure. A. The subdivider, owner, proprietor, or developer must install the required public improvements and is deemed to have satisfied the requirements of this title by completine installation before final plat or by enterinji when he has entered into the subdivision agreement with the city. The subdivision agreement shall be written to cover one or a combination of the following alternatives available to the subdivider: 1. The subdivider may elect to complete all required public improvements prior to approval and recording of the final plat or prior to sale or issuance of a building permit, as the case may be. If this is done, the subdivision agreement, delineating the construction and inspection requirements for each improvement, shall be entered into prior to commencement of construction. 2. The subdivider may elect to complete required improvements after approval and recording of the final plat, the conveyance or the issuance of the building permit. In this event, the subdivision agreement shall delineate: 71 CITY OF SEWARD, ALASKA ORDINANCE 2026-XXX a. The construction and inspection requirements of the appropriate governmental agency or city department concerning the required improvements; b. The time schedule for completion of required improvements; c. A method of insuring that such improvements shall be completed to the specifications required and in the time schedule agreed upon. 3. The subdivider may elect to form a special assessment district prior to any sales, obligating all property owners in the subdivision to assume the costs of all required public improvements not previously installed. B. The improvements required under the terms of the subdivision agreement shall be fully completed within three years of the date of execution of the agreement, except if a special assessment district has been formed, in which case improvements will be installed when a sufficient demand is made of the city. C. The subdivision agreement shall provide for the apportionment of the costs of required public improvements between the city and the subdivider as provided in the special assessment district or as follows: 1. Administrative and recording costs relating to public improvements guarantees. The subdivider shall pay 100 percent of all costs incurred in supplying and administering any method of public improvement guarantees provided for in subsection (d) of this section; 2. Inspection, surveillance and testing. The subdivider shall pay 100 percent of all costs relating to any inspection, surveillance, and testing by the city necessary for final acceptance of any required public improvement. Costs of inspection, surveillance and testing shall be established in advance between the developer and the city upon the developer's request; 3. Streets. The subdivider shall pay 100 percent of the cost of streets within the boundaries of the subdivision; 4. Water improvements. The subdivider shall pay 100 percent of the cost of all water facilities constructed within the subdivision; 5. Sewajie disposal Sewer system. The subdivider shall pay 100 percent of the sewage disposal sanitary sewer system installed within the subdivision; 6. Electric and communication. The subdivider shall pay 100 percent of the cost of installing electric lines with cost participation as provided in the current approved tariffs of the communication company serving the subdivision; 7. Street lighting. The subdivider shall pay 100 percent of the cost of street lighting apparatus. 8. Drainage. The subdivider shall pay 100 percent of the cost of draina,'e implementation within the subdivision. D. To assure the installation of required public improvements which are not accepted at the time the final plat is filed, the subdivision agreement shall require the subdivider to 72 CITY OF SEWARD, ALASKA ORDINANCE 2026-XXX guarantee the completion of all such improvements by one or more of the methods specified below. The means of a guarantee may be changed during the guarantee period through a written modification of the agreement. The amount of guarantee shall be determined on the basis of the subdivider's cost estimate. The guarantee shall remain in effect until final acceptance of the required public improvements. The engineer's cost estimate shall state the estimated cost of completion for each required public improvement. Cost estimates for each required public improvement must be approved by the city manager. For purposes of establishing the amount necessary for the guarantee of completion of public improvements, a percentage for overrun allowance shall be added to the total estimated cost of public improvements as follows: Total Estimated Cost of Improvements Percentage of Overrun Allowance $0.00 to $500,000.00 20% $500,001.00 to $1,000,000.00 15% $1,000,001.00 and over 10% E. The subdivision agreement shall include one or more of the following methods to guarantee the construction of required public improvements: 1. Performance bond. The subdivider may elect to provide a surety bond from a company authorized to do business in the state. The bond shall be in an amount equal to the estimated cost of all required public improvements plus an overrun allowance as provided above. The bond shall be payable to the city in the event that any required public improvements are not finally accepted in accordance with the provisions of this subdivision agreement and shall be posted by no person other than the subdivider. 2. Deposit in escrow. The subdivider may elect to deposit a cash sum equal to the estimated cost of all required public improvements, plus overrun allowances as provided above, either with the city or in escrow with a responsible financial institution authorized to do business in the state. In case of an escrow account, the subdivider shall file with the city an escrow agreement which includes the following terms: a. Funds of the escrow account shall be held in trust until released by the city and may not be used or pledged by the subdivider as security in any matter during that time other than payment for the improvements. The funds may be used for payment of improvements as made, except that the escrow holder shall withhold from disbursement so much of the funds as is estimated to be necessary to complete the construction and installation of such improvements, plus an overrun allowance as provided above. b. In the case of a failure on the part of the subdivider to complete any improvement within the required time period, the institution shall immediately make all funds in the account available to the city for use in the completion of those improvements. 3. Letter of credit. The subdivider may elect to provide from a bank or other responsible financial institution authorized to do such business in Alaska, an irrevocable letter of credit. Such letter shall be filed with the city and shall certify the following: 73 CITY OF SEWARD, ALASKA ORDINANCE 2026-XXX a. That the creditor irrevocably guarantees funds in an amount equal to the estimated cost of all required public improvements plus overrun allowances as provided above for the completion of all such improvements; b. That in case of failure on the part of the subdivider to complete any specified improvements within the required time period, the creditor shall pay to the city immediately, and without further action, such funds as are necessary to finance the completion of those improvements up to the limit of credit stated in the letter. (4) Special assessment district. The subdivider may elect to pay all required assessments levied against the property for the installation of public improvements. The city shall make every reasonable effort to obtain all grant moneys available for financing of the public improvements. (Ord. 443, 1977; Ord. 610, 1988; Ord. No. 2024-008, § 1, 5-13-2024) Section 10. Seward City Code Chapter 16.05 Improvements is hereby amended by enacting a new section to read as follows (new language is in bolded italics and underlined): 16.05.020 Construction plans. A. Generally. The developer must submit construction plans for all proposed and required public improvements, associated private improvements, and all other utilities within and outside the proposed development's boundary. B. Construction plan submittal. 1. Plan sets. Prior to submittal of the final plat, and before the start of any construction, the developer must furnish to the city complete sets of construction plans, profiles, details, and special construction provisions for all existing and proposed improvements. The administrative official must determine the number of plan sets to be submitted. Plan sets should be forwarded to the appropriate departments and other officials for review. 2. Engineer's stamp. Construction plans must be stamped by the professional engineer licensed in the State of Alaska who is responsible for the improvement designs. Multiple engineer stamps are required for plans with multiple discipline designs, e.g., civil, electrical, structural engineering C. Construction plan Details. 1. Size. All construction plans must be submitted on a minimum 11- by 17-inch sheets. The administrative official may approve alternative sheet sizes. 2. Information. The drawings must contain the following information: a. Name of subdivision. b. Type of work. c. Date. 74 CITY OF SEWARD, ALASKA ORDINANCE 2026-XXX d. Name of engineer preparing the drawings and the engineer's stamp. e. Space for approval signature by the administrative official. f. A north arrow and scale. 3. Scale. Horizontal scale must be one -inch equals 50 feet or greater. Vertical scale must be one -inch equals five feet or less with a minimum scale of one -inch equals ten feet. The administrative official may approve alternative scales. 4. Benchmarks. The locations, elevations, and description of datum of permanent benchmarks must be shown. 5. Street profiles. Profiles of streets must indicate finished and existing grades for centerline of the street and must extend a minimum of 150 feet beyond the limits of the proposed project or, if intersecting an existing street, extend to the far side of the existing street. a. Street profiles must also include the drainage profiles along all streets in the subdivision. 6. Details to be included. Plans and profiles, where applicable, must include location, elevation, size, materials, and all other details of the proposed improvements. 7. Complete data. Complete survey data must be shown for all horizontal and vertical curves. 8. _Location of utilities. Construction plans must include the location of all existing and proposed required public improvements and utilities. D. As -built drawings. The developer, upon completion of required improvements, must submit a reproducible and digital format copy of as -built plans. Section 11. Seward City Code Chapter 16.05 Improvements is hereby amended by enacting a new section to read as follows (new language is in bolded italics and underlined): 16.05.025 Utility access. A. Public rights -of -ways or easements, together with the right of ingress and egress, must be provided where necessary for required public utilities. Where public rights -of -ways or easements are required, and approvedfor public water systems, sewage disposal systems, electric facilities, or other similar public improvements, the following requirements apply: 1. Width. All utility access corridors must be accessible for maintenance and must have adequate space within the corridor to accomplish maintenance, excavation, and stockpiling of material. The minimum width for a public easement that does not abut a public right-of-way is ten feet, unless otherwise recommended by the commission or required by the platting authority. 2. Surface. Utility access corridors must be graded and compacted to provide a suitable surface for access and maintenance. 75 CITY OF SEWARD, ALASKA ORDINANCE 2026-XXX 3. Restricted access. Where a utility access corridor adjoins a public street, the administrative official may require improvements to prevent access by the public. B. The administrative official may require other utility and access easements to be shown on a plat. Those private easements are not necessarily dedicated to or maintained by the public and must be noted as such on the plat. C. A note must be added to the plat stating either (1) the purpose of the easement, the grantee of the easement, restrictions on the easement use, and whether the easement is permanent or temporary, or private or public; or (2) reference to a recorded instrument with the same information. Section 12. Seward City Code Chapter 16.05 Improvements is hereby amended by enacting a new section to read as follows (new language is in bolded italics and underlined): 16.05.030. Water system. A. The connection to and provision of potable water is governed by this chapter and chapter 14.10. B. Except as provided in this section, a developer of any subdivision or any new residential or commercial construction must install and connect the development to the public water system in accordance with the specifications established by the commission and affirmed by the city council. Any extension of the public water system must be engineered and constructed in accordance with all applicable City and Alaska Department of Environmental Conservation requirements. Each lot and each dwelling unit must be connected to the public water system unless the commission grants a waiver in accordance with this section. 1. Unless otherwise prohibited by this title, the commission may consider a waiver from the public water connection requirement when either of the following conditions is met: a. The proposed subdivision or development is located more than 400 feet from an existing public water system, measured along the public right-of-way to the nearest boundary of the subdivision; or b. Connection to the public water system would require installation of a customer - owned service line exceeding 50 feet in length, measured from the point of connection at the property line or curb stop to the primary structure. 2. A request for a waiver must be submitted in writing and must include substantial evidence demonstrating that the applicable eligibility criteria are met and that an adequate, reliable, and safe alternative water supply will be provided. Prior to consideration by the commission, the waiver request shall be reviewed by Community Development staff and the Public Works Director for completeness and consistency with the intent of this section. The application must include the following: 76 CITY OF SEWARD, ALASKA ORDINANCE 2026-XXX a. A report prepared by a registered professional engineer, professional geologist, or other qualified professional acceptable to the City demonstrating the physical and, where applicable, legal availability of an adequate water supply to serve the anticipated demand of the subdivision or development. b. Documentation demonstrating that the proposed water supply is capable of providing a reliable year-round supply of potable water sufficient to meet the anticipated demand of the development. The analysis shall consider, as applicable, anticipated occupancy and use, source yield or availability, seasonal variations, storage capacity, treatment requirements, and supplemental or reserve water supplies. c. Documentation of compliance with all applicable Alaska Department of Environmental Conservation requirements and other applicable state or federal requirements. When a proposed system may constitute a public water system under state law, the applicant shall provide documentation of the system's classification and any required approvals from the Alaska Department of Environmental Conservation. d. A maintenance and monitoring plan addressing the continued operation, maintenance, treatment, testing., and monitoring of the alternative water supply, as applicable. e. Documentation of any required state water right, permit, certificate, or authorization applicable to the proposed water source. f. The commission may approve the following alternative water supply systems, subject to the requirements of this section and all applicable City, state and federal requirements: i. Private well 1. The lot area shall be no less than 40,000 square feet; 2. The applicant shall demonstrate legal and physical availability of an adequate water supply; 3. The applicant shall provide documentation of well yield or other information sufficient to demonstrate that the well can meet the anticipated demand of development; 4. The system shall comply with all applicable Alaska Department of Environmental Conservation requirements. 77 CITY OF SEWARD, ALASKA ORDINANCE 2026-XXX ii. Community well system 1. The system shall be desijned to provide an adequate and reliable water supply to all lots or development served; 2. The applicant shall provide documentation demonstratinj adequate source capacity, storake, treatment, and distribution to meet anticipated demand; 3. The applicant shall establish a legally enforceable mechanism for the continued operation, maintenance, monitorinz, repair, and replacement of the system; and 4. The system shall obtain all applicable Alaska Department of Environmental Conservation and other required approvals. iii. Surface water source approved by Alaska Department of Environmental Conservation. 1. The applicant shall demonstrate the lej(al and physical availability of an adequate and reliable water supply; 2. The applicant shall demonstrate that the source can provide sufficient water durinj' seasonal low -flow or low-water conditions; 3. The applicant shall provide documentation of any required water right, permit, certificate, or authorization; and 4. The system shall comply with all applicable Alaska Department of Environmental Conservation requirements, includinj( applicable treatment requirements for potable use. iv. Cistern and rainwater catchment systems. 1. The system shall be designed to provide a reliable year-round supply of potable water sufficient to meet the anticipated demand of the development. 2. The applicant shall provide documentation demonstratinz anticipated water demand, water availability, required storake capacity, and any proposed supplemental or reserve water supply. For a rainwater catchment system, the analysis shall also 78 CITY OF SEWARD, ALASKA ORDINANCE 2026-XXX consider available collection area, anticipated precipitation, seasonal variations in precipitation, and collection efficiency. 3. Cisterns, storage tanks, collection systems, treatment systems, and associated components used to provide potable water shall be designed and constructed of materials suitable for potable water use and shall be protected from contamination. 4. Rainwater intended for potable use shall be screened, treated, disinfected, or otherwise protected as necessary to provide a safe potable water supply in accordance with applicable building, plumbing, and state requirements. 5. The system shall provide reasonable access for inspection, cleaning, maintenance, repair, and water delivery, where applicable. 6. Hauled potable water may be used as a supplemental or emergency water source. Reliance on hauled water as a primary water source shall require specific approval by the commission and shall be supported by evidence demonstrating that a reliable and adequate supply can be maintained. 7. Any connection or potential cross -connection between an alternative water supply and the public water system shall comply with all applicable cross -connection control and backflow- prevention requirements. 8. The system shall comply with all applicable building, plumbinj, Alaska Department of Environmental Conservation, and other state or federal requirements. C. Review Criteria. In determining whether to grant a waiver, the commission shall find that: a. Special circumstances or conditions affecting the property justify consideration of an alternative water supply; b. The proposed alternative water supply provides an adequate, reliable, and safe potable water supply for the anticipated development; c. The waiver is necessary for the preservation and enjoyment of a substantial property right and represents a practical means of complying with the intent of this title: 79 CITY OF SEWARD, ALASKA ORDINANCE 2026-XXX d. The proposed alternative water supply can be reasonably operated and maintained over the long term; and e. Granting the waiver will not be detrimental to the public health, safety, or welfare or injurious to other property in the area. D. All waivers associated with a subdivision shall be granted at the time of preliminary plat approval. A waiver may not be requested with a final plat submittal. E. In the event that a public water main is extended and becomes available for service to the property, including installation within or adjacent to the public right-of-way abutting the property, the property owner is required to connect to the public water system within 12 months of receiving notice from the city. F. Fire protection requirements are based on whether the development is located within or outside the fire protection service area. All public water distribution systems must be sized and constructed to meet fire flow and hydrant requirements and provide the necessary fire flows for fire protection. All improvements must be constructed in accordance with the International Fire Code, as adopted by the City, and applicable City standards. a. Where an alternative water supply is approved under this section the applicant shall demonstrate that adequate water supply and access for fire protection will be provided in accordance with the International Fire Code and as approved by the Fire Chief b. Where required, an alternative fire protection water supply may include approved water storage tanks, cisterns, ponds, dry hydrants, or other facilities approved by the Fire Chief. c. Water storage required for fire protection shall be in addition to the potable water supply and storage necessary to meet the anticipated domestic or commercial demand of the development, unless a combined system is specifically designed and approved to satisfy both potable water and fire protection requirements d. Fire protection facilities and improvements shall comply with the International Fire Code, as adopted by the City, and all other applicable City requirements. 80 CITY OF SEWARD, ALASKA ORDINANCE 2026-XXX Section 13. Seward City Code Chapter 16.05 Improvements is hereby amended by enacting a new section to read as follows (new language is in bolded italics and underlined): 16.05.035 Sewage disposal system. A. The connection to and provision of sewage disposal system is governed by this chapter and chapter 14.20. B. Sewage disposal system required. A developer must provide an approved sewage disposal system for every subdivided lot. Each sewage disposal system must comply with all applicable local, state, and federal health and environmental laws. C. Public sewer connection. A developer of any subdivision or any new residential or commercial construction must install and connect to the public sewer system if the development is within 200 feet of the existing public sewer system. If the development is more than 200 feet from the existing public sewer system, then the developer must install and connect to a private on -site sewage disposal system. If the development is more than 200 feet from the existing public sewer system and cannot satisfy the requirements of a on -site sewage system, then the developer must connect to the public sewer system. For the purpose of this section, distance is measured from the closest sewer main along the right-of-way to the nearest point of the boundary of the proposed subdivision or development. 1. All sewage disposal systems must be designed and constructed in substantial conformance with the current Municipality of Anchorage code standards applicable to utility construction, as adopted and in effect at the time of application. a. The Public Works Director may approve deviations from such standards when strict compliance is impracticable due to documented site constraints, including topography, environmental conditions, or existing development patterns D. Private on -site sewage disposal system. If a proposed development is located at greater distances from the existing public sewer system than specified above, unless the developer chooses to connect to the public system, then an on -site sewage disposal system is required. Either of the following on -site sewage disposal systems may be installed: 1. Community wastewater systems. Community wastewater systems, which have shared collection, treatment, and disposal; or cluster wastewater systems, which have individual on -site treatment with a shared collection and disposal system are acceptable if the following requirements are met: a. The developer must provide a report and certification by a registered, qualified engineer licensed by the State of Alaska, which clearly shows that the proposed community or cluster wastewater system will operate satisfactorily, and how it will meet all other state and federal standards, to the satisfaction of the administrative official. b. The proposed wastewater system(s) must be approved by the Alaska Department of Environmental Conservation and any other agencies having jurisdiction. Proof of approval must be submitted to the department. 81 CITY OF SEWARD, ALASKA ORDINANCE 2026-XXX 2. On -site wastewater systems. Wastewater systems, which have individual on -site treatment and individual on -site disposal, are acceptable if all the following requirements are met: a. The developer must provide a report and certification by a registered, qualified engineer or geologist licensed by the State of Alaska, which clearly shows one of the following: i. that the proposed lots are lame enough and have existing soils of sufficient permeability to permit the construction of on -site wastewater treatment and disposal systems. ii. if adequate soil is not available onsite, the applicant can propose alternative methods for individual on -site wastewater systems. Alternative methods may include mound systems, marine outfalls, or other suitable wastewater systems. b. The proposed wastewater system must be approved by the Alaska Department of Environmental Conservation and any other agencies having jurisdiction. Proof of approval must be submitted to the department Section 14. Seward City Code Chapter 16.05 Improvements is hereby amended by enacting a new section to read as follows (new language is in bolded italics and underlined): 16.05.040. Communication and Electricity system. A. The connection to and provision of electricity is governed by this chapter, chapter 14.15, and by the standards and specifications of the Electric Utility. B. A developer of any subdivision or any new residential or commercial construction must install and connect the development to the public electricity system in accordance with Electric Utility design standards. C. All new communication and electric lines must be installed underground, unless found to be impractical by the commission and affirmed by the city council, and in accordance with the design, construction, and material standards of the Electric Utility. D. All new electric distribution lines and communication lines, including fiber, cable, and similar facilities, must be located within the outer edge of the public right-of-way. E. Conduit sizing, vault and transformer placement, service pedestals, secondary enclosures, and access clearances are subject to review and approval by the Electric Utility. Section 15. Seward City Code Chapter 16.05 Improvements is hereby amended by enacting a new section to read as follows (new language is in bolded italics and underlined): 16.05.045 Drainage Plan 82 CITY OF SEWARD, ALASKA ORDINANCE 2026-XXX A. Drainage systems required. The drainage plan and associated drainage facilities must be designed and constructed to prevent additional waterflow damage to neighboring properties. The developer must install all on and off -site improvements depicted in the drainage plan. B. Drainage Plan required. The developer must provide a total surface drainage plan, prepared by a civil engineer licensed to practice in the State of Alaska with the preliminary plat application. The plan must show all drainage facilities, and must include: 1. The calculated increase in stormwater runoff resulting from the proposed development as well as the runoff from the total drainage area(s) associated with the site. Runoff calculation must be based on a fully developed subdivision and a 25- vear storm event. 2. An evaluation of existing drainage ways and structures located between the development and the receiving water body must verify that the existing drainage ways can accommodate the increased runoff 3. All public and any required private drainage facilities. 4. A demonstration of how drainage from the proposed subdivision will outlet into an established drainage channel, unless the administrative official approves an alternative drainage way. 5. The drainage plan must demonstrate that the drainage from the new subdivision will not be detrimental to the public welfare or injurious to other property in the area in which the subdivision is situated. C. Construction timing. Any drainage improvements required by this section must be constructed prior to or at the same time as the completion of any street construction. A certificate of occupancy may not be issued until the drainage improvements are completely constructed and functional. Section 16. Seward City Code Chapter 16.05 Improvements is hereby amended by enacting a new section to read as follows (new language is in bolded italics and underlined): 16.05.050. Streets and Street lighting. A. Street standards. The developer must construct streets to the following standards. All rights -of -way within a subdivision subject to the requirements of this title must be not less than 60 feet in width. The portion of the right-of-wav constructed and used for vehicular travel must be paved in accordance with city specifications. 1. Blocks must be designed to provide reasonable connectivity and must not be less than 300 feet or more than 1,000 feet in length. Longer blocks may be approved in a preliminary plat where necessary due to topography, environmental constraints, or existing development patterns. Where blocks exceed 1,000 feet, pedestrian access connections may be required to maintain walkability. 83 CITY OF SEWARD, ALASKA ORDINANCE 2026-XXX 2. Permanent cul-de-sac streets are prohibited. Dead-end streets may be approved only as stub streets intended for extension to adjoining- property, or where extension is not feasible due to documented physical or legal constraints. All approved dead-end streets must provide a turnaround that meets city standards. 3. Public streets must include pedestrian facilities located outside the vehicular travel lane. All pedestrian facilities must be a minimum of five feet wide. Where pedestrian facilities are not constructed as traditional sidewalks, they must be clearly delineated from the vehicular travel way by painted lines, siinaae, and/or other traffic control devices approved by the City. 4. The paved roadway section must be symmetrically located about the centerline of the dedicated right-of-way, unless an alternative alignment is approved by the Public Works Director due to site constraints, existing improvements, or adopted street design standards. 5. All public streets must be designed and constructed in substantial conformance with the current Kenai Peninsula Borough municipal code standards applicable to street construction, as adopted and in effect at the time of application. a. The Public Works Director may approve deviations from such standards when strict compliance is impracticable due to documented site constraints, including topography, environmental conditions, or existing development patterns B. Street lighting. Public streets must be illuminated to provide safe and adequate visibility for vehicular and pedestrian travel while balancing community expectations, dark -sky preservation, enemy efficiency, and long-term operational costs. Street lighting must be installed in accordance with the requirements of the city. 1. Street lighting systems must be designed in conformance with the most current roadway lighting guidelines published by the Illuminating Engineering Society (IES), or equivalent nationally recognized standard approved by the City. 2. Intersections and required pedestrian facilities, including sidewalks, crosswalks, and shared -use paths, must be illuminated. 3. Lighting intensity, spacing, and configuration are determined based on roadway classification, traffic volumes, and pedestrian activity. 4. All street lighting fixtures must be directional LED units or equivalent energy - efficient technology approved by the City. 5. Fixtures must provide downward illumination with controlled distribution patterns to minimize glare, light trespass, and skyglow. 6. Street lighting layout, fixture type, pole height, and spacing are subject to review and approval by the Electric Utility prior to construction. Section 17. This ordinance shall take effect immediately upon adoption. 84 CITY OF SEWARD, ALASKA ORDINANCE 2026-XXX ENACTED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA THIS XXTH DAY OF MONTH 2026. Sue McClure, Mayor AYES: NOES: ABSENT: ABSTAIN: VACANT: ATTEST: Kris Peck City Clerk (City Seal) 85