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HomeMy WebLinkAboutRES2026-081 Replat Waterfront ParkSponsored by: Planning & Zoning Commission CITY OF SEWARD, ALASKA RESOLUTION 2026-081 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, RECOMMENDING 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 H 1 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; and 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, the Seward Planning & Zoning Commission held a public hearing and approved the replat at their September 1, 2026 regular meeting; and WHEREAS, the City Council must review and recommend approval to the Kenai Peninsula Borough regarding subdivision plat proposals for land owned by the City of Seward. CITY OF SEWARD, ALASKA RESOLUTION 2026-081 Page 2 of 2 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA: Section 1. The Council 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 H 1, Waterfront Park Replat, with the associated easement vacations and dedications. Section 2. This resolution shall take effect immediately upon adoption. APPROVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA THIS 28T" DAY OF SEPTEMBER 2026. Sue McClure, Mayor AYES: Osenga, Warner, Draper, Calhoon, McClure NOES: None ABSENT: Barnwell, Crites ABSTAIN: None ATTEST: Kris Peck City Clerk City Council Agenda Statement Meeting Date: September 28, 2026 To: City Council Through: Planning & Zoning Commission Subject: Resolution 2026-081: Recommending 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 Council'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 H 1; 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, 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 and City Council must review and comment on preliminary plats for land located within and owned by the City of Seward before they are submitted to the Borough for approval. The Planning and Zoning Commission reviewed the preliminary plat and recommended approval through Resolution 2020-012 on September 1, 2026. 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. Existinjr 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 Plan: Vol 1, Chapter 2.2.12.4 • "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." Vol 1, Chapter 3.5.1 Strategic Plan: Other: • "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." Total amount of funds listed in this legislation: This legislation (✓): Creates revenue in the amount of: Creates expenditure in the amount of: Creates a savings in the amount of: Has no fiscal impact X Funds are (✓): Budgeted Line item(s): Not budgeted Not applicable X $ 0 Fund Balance Information Affected Fund (V): General Boat Harbor Motor Pool Available Fund Balance SMIC Parking Other Electric Water Wastewater Healthcare Note: amounts are unaudited N/A Acting Finance Director Signature: Paw./ Sekteiermrt Attorne Review X Yes Attorney Signature: Not applicable Comments: Administration Recommendation X Adopt Resolution Other: 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 2026-0XX - 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 PeA& I 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 RMCONSULT.COM 19101 VANGUARD DRIVE, ANCHORAGE, AK 995071 907.522.1707 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. 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. 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. CERTIFICATE OF OWNERSHIP AND DEDICATION I PROPERTY HEREBY CERTIFY THAT I (00) HOLD THE HEREIN SPECIFIED DEDICATE TO THEST IN THE MUNICIPAUTYALL AREASOCDEPICTED FOR USE AS HEREBY 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 O(WE) APPEARINGVENANT HEREON HRESTRICTION HEREBY AGREE TO THIS PLAT, AND TO ANY RESTRICTION OR COR OVENANT 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 STREET, 99664 NOTARY ACKNOWLEDGMENT SUBSCRIBED AND SWORN BEFORE ME THIS DAY OF 2026, FOR: NOTARY PUBLIC PLAT APPROVAL 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 TIRE IS AUTHORIZED TO ACCEPT AND HACCEPTS ON BEHALF of TH E CITY of SEWARD AND F FOR PUBLIC USES AND FOR PUBLIC PURPOSED THE REAL PROPERTY TO BE DEDICAlEO 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 REPEAT 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 UNE SHOWN ALONG THE MEAN HIGH WATER UNE 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. GRAPHIC SCALE 7!oio Go in SOUTHSIDE HARBOR ST. SEWARD SHALL NAT.I.EAR1a OR I (I-TioH LOT1 1 I c1s I IT-- � / - - J LL1� — — T HARBOR TT.I us I S25°4515� oI N 61.2rxaW 66 ENT Cr3 'h TRACT G FuT wow. TS—T DCATEEME T 2J--_T _ _,S PLAT PROPOSED TRAACCT--H1 \5n 5E TRACTA \ 0 N N 86. 4 ^ \ 2° ❑ .0'%2k� E SWeTtler owes PROJECT TIN 1r 12 VICINITY MAP Scale: 1'-1 Mile SEWARD MERIDIAN. AK. 0 SURVEYOR'S CERTIFICATE _SE•OF �[,qa,, j W4r• 91 (+J 49m ••.♦ • UNSUBDPHDED REMAINDER I, DAVID C. HALE, PROFESSIONAL LAND SURVEYOR, DO HEREBY CERTIFY THAT THE PLAT OF WATERFRONT PARK REPEAT IS A TRUE AND CORRECT REPRESENTATION OF LANDS ACTUALLY SURVEYED AND THAT THE DISTANCES AND BEARINGS ARE SHOWN CORRECTLY AND THAT ALL AN EXTERIORCONTROLMONUMENTS, ALL OTHER MONUMENTS, PERMANENT DLOT 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 Ea MONUMENTS TO BE SET BY ISLE DAVID C. HALE. L.S. 10395 DATE PRELIMINARY PLAT OF WATER FRONT PARK REPLAT WITH VACATIONS & DEDICATIONS PROPOSED TRACT HI AN 9609 ACRE REPT, OF TRACT H. SEWARD ORIGINAL TOWNSITE WATERFRONT PARK REPLAT, ACCORDING TO PLAT ..2012-4, SEWARD RECORDING DISTRICT, THIRD JUDICIAL DISTRICT. STATE OF ALASKA LOCATED WITHIN E9 SEWARD SECTION 3 IAN TOWN SHIP SOUTH. RANGE 1 H 0 SURVEYOR: 9101 Vanguard Drive, Anchorage, Alaska, 99507 _uC.N ttt PH (907) 522-1]0] FAX(90]) 522-3403 nsulLe Com — mailarmconsult.com X: 2]34.36 : 0015: 061/06/26 I .F6Ti 1 oF 1 70 L14 PLAT ro.2000-19 L13 EXISTING PUBLIC BO (LAUNC AND UTILITY EASEMENT DER PLAT No. 01811-10 (APPROXIMATE (ORATION) LEGEND 1 EXISTING EASEMENT PER PLAT No. 2009-17 AREA BEING VACATED 2009 AREA EBENGEVACATP' T GRAPHIC SCALE • doltwelm .2r44-• 14. woo,. ,,._., , . f. 42tWaiWitffirfigeNVIIMATiValr 'vim swfari.,-,..174- • imp 61 Mr 4•60 • n Five • !STING CB UTILITY EASEM PER PLAT No, 2009-17 BASTING 30' UTILITY EASEM PER PLAT No. RON, ® ® ® ® ® TRACT H N N PLAT Na 2012-4 378,940 SQ. FT. 8.699 AC. WATERFRONT PARK REPLAT EASEMENT VACATION EXHIBIT TRACT H•SEWARD ORIGINAL T PARK REPLAT(PLATNo.. 2012-4))RONT RANGE 1 WEST, SEWARD MERIDIAN, ALASK, SEWARD RECORDING DISTRICT aCYA 9101 Vanguard Drive, Anchorage, Alaska, 99507 PH (907) 522-1707 FAX (907) 522-3403 www.rm consul wom VAECC 111 NP CXED. DCH BEM me 2734.38 ATE 05/24/2026 71