Subdivision Review Committee

Packet Page 1 of 88 Agenda Planning Commission - Subdivision Review Committee City and Borough of Juneau Paul Voelckers, Chairman November 10, 2015 Marine View Center, 230 S. Franklin Street, 4th Floor Conference Room #404 5:15 PM I. ROLL CALL II. APPROVAL OF AGENDA III. APPROVAL OF MINUTES A. SRC Draft Minutes, October 16, 2015 Meeting IV. AGENDA TOPICS A. VAR2015 0031, Variance Request for proposed Pederson Creek Minor Subdivision on North Douglas Highway B. STV2015 0001, Proposed Street Vacation of a portion of Vista Del Sol Drive C. MIP2015 0001, Proposed Minor Subdivsion at 7400 Glacier Highway V. COMMITTEE MEMBER COMMENTS AND QUESTIONS VI. ADJOURNMENT  Packet Page 2 of 88 Draft Minutes of the City and Borough of Juneau Subdivision Review Committee of the Planning Commission Wednesday, October 16 2015 CDD Large Conference Room, Marine View Building 5:00 p.m. to 6:30 p.m. Members Present: Dennis Watson Michael Levine Dan Miller Staff: Laura Boyce Guests: Joanne Wilta Andrew Gamble Call to Order: 5:00 p.m. New Business • Proposed two-lot subdivision of a common wall lot in Mountainside Estates Applicant: Joanne Wiita, Andrew Gamble Address: 1125 Timberline Court Legal Description: Hillside View Lot 2A Ms. Wiita submitted two applications for the proposed subdivision of the existing lot located at 1125 Timberline Court. It’s a lot that contains a zero lot line home and the lot shares access with two other properties. This lot, if subdivided, would share access along the shared access easement. The applicant submitted two variances, one for the requirement for 30 feet of frontage on a maintained right-of-way and the other for access along a maintained right-of-way. The applicant was told that the two variances could be combined into the same request for a variance for frontage and direct and practical access. Another variance is needed for lot design which was not submitted. When the applications were submitted, one of the proposed lots met the requirements for the “minimum rectangle/Director’s discretion” section of Code. With the new subdivision rules in place since September 30th, that section of Code no longer exists so therefore the applicant must submit a variance for lot width. The applicant was advised that she could submit additional information regarding her requests for the variance to frontage and access if she  Packet Page 3 of 88 wanted, but she would need to submit information addressing the six variance criteria for the needed lot width variance. Additionally, the SRC discussed the frontage along Timberline Court. A portion of the existing frontage is encumbered by either the shared access easement or a utility easement in favor of abutting neighbors. Practical access, other than by the shared easement, isn’t really possible. The existing shared driveway provides access to one land-locked parcel and the two zero lot line parcels. The proposed subdivision, if approved with variances, would add another land-locked parcel to the shared driveway. One SRC member stated that he doesn’t see those as land-locked parcels and that the easement should be recognized as un-land-locking the parcels, but current Code language doesn’t recognize this. The applicant was advised to talk to the neighbors that share the access as the access agreement would need to be revised to allow any new users along the shared driveway. The applicant stated that she had not yet done that. Motion Passed: That the applications should move forward to the Planning Commission for further analysis and full discussion. Adjournment Approximately 6 p.m.  Packet Page 4 of 88 Community Development City & Borough of Juneau • Community Development 155 S. Seward Street • Juneau, AK 99801 (907) 586‐0715 Phone • (907) 586‐4529 Fax DATE: November 5, 2015 TO: Planning Commission Subdivision Review Committee FROM: Jonathan Lange, Planner II Community Development Department FILE NO.: VAR2015 0031 RE: A Variance request to the requirement for frontage and practical access on a public right‐of‐way for a proposed minor 9 lot subdivision. Vicinity Map Shaman Island V N I 0 0.25 0.5 Miles  Packet Page 5 of 88 Planning Commission File No.: AME2015 0015 October 21, 2015 Page 2 of 3 Attachments Attachment A –Applications, Narrative, and Other Documents Project Description ‐ The applicants have requested the proposed Variance, VAR2015 0031 ‐ a request to the requirement for frontage and practical access on a public right‐of‐way for the below proposed Minor Subdivision at the end of North Douglas Highway. The applicants would like to subdivide the four tracts, zoned Rural Reserve, into nine lots; however, they would like to do so without creating the right‐of‐way connection to each lot. The parcels, U.S. Survey No. 1555 (USS 1555) are outside the Urban Service and Fire Service Boundary. kfrftC)ll\16::l,rr :1: Srfe PlAN c IA,~~ ~~»J.: vi 5'•D-'\ o~ V..5 > ~ S~$: 11 (SM-le - 1 ::::200 1) .. .. □. ,, 7'RACT 4 . "'-52 ...1,r:-. O ,. ho~e,e11.lo·1111., C~""fW1' "~~ \:li.u\6;4 )( : f.,c,tb.-1t1r~ . . : II t"-• 1,v.,\.,_.,. \r-, ,,\._~ e. - ~ ~ ~ - - . - ,.-P.J\C-7Z.T,ft~.,T"ii_AA_c.._T_Z-_8 ,....- -t;~S'f"""!',....i_R_\ll_C_f_3f/---,,--~-ff-~:::...-- 1: ~. --~ l===~~=:::;~~f1C:::.~:--. tt-.oo.c:. 't"·o"'~· ~ □ 4,~.c:t.c::•. "" t"\ l ' □, T,{(/l~T If~ TRI'\ '-T 4 C. 3,:Z. d-c':.<€ ').Z...A.Cl"e . . "' ,  Packet Page 6 of 88 Planning Commission File No.: AME2015 0015 October 21, 2015 Page 3 of 3 USS 1555 was subdivided in 1977 into four tracts through a platting waiver. The platting waiver was allowed through restrictive covenants for maintenance of the easement and driveway (Attachment A). The four tracts of U.S. Survey Number 1555 (USS 1555) are located near the end of North Douglas Highway. The tracts are accessed by an easement across Goldbelt and Sealaska land, USS 1096 shown below, which is approximately 1,178 foot, or 0.2 mile long, and 40 foot wide (See Attachment B for map). The current driveway width is between 10 and 14 feet. I JI / J...,..f>' lfJ'l '-f''-' LEGEND s- Aflr !IOfl/Jtr/Ell r fr(CQ'IER!O fff ilr 8,L,li, e Pl/fl/ARY 1,/0i'/UJ/Eflr fllCOVE/IED SETBYD,Cl,T. Title 49 ‐ The applicant has applied for a variance to the following section of code regarding access to a subdivision.  Packet Page 7 of 88 Planning Commission File No.: AME2015 0015 October 21, 2015 Page 4 of 3 CBJ 49.15.424(b) Publicly maintained access within a subdivision. Unless otherwise provided, all lots must either have direct and practical access to, and a minimum of 30 feet of frontage on, the right‐of‐ way, or the minimum lot width for the zoning district or use as provided in CBJ 49.25.400. Habitat‐ Peterson Creek is a cataloged anadromous water body and is classified as an impaired waterbody; development along the stream is subject to habitat buffers in CBJ Title 49.70.310(a) (4) and (b) (1), as well as at CBJ 49.70.950(f). 49.70.310 Habitat. (a)Development in the following areas is prohibited: (4)Within 50 feet of the banks of streams designated in Appendix B of the comprehensive plan of the City and Borough of Juneau, 2013 Update; and (b)In addition to the above requirements there shall be no disturbance in the following areas: (1)Within 25 feet of stream designated in Appendix B of the comprehensive plan of the City and Borough of Juneau, 2013 Update; The current driveway that accesses the homes within USS 1555 is located adjacent to Peterson Creek. In order to provide a right‐of‐way within the subdivision the new right‐of‐way location would be required to meet the buffer requirements listed above. Traffic ‐ With the proposed nine lot subdivision, the possible Average Daily Trips (ADT) would be around 291 ADT. Each lot would be large enough for two single‐family detached homes with accessory apartments. ADT for a single‐family home is 9.52 and 6.65 ADT for an accessory apartment. The current gravel driveway requirements are for a 20 foot wide gravel drive, a privately‐maintained access road in a public right‐of‐way that cannot exceed 211 ADT. For a development that would generate 212 to 499 ADT, the roadway construction standards found in Title 49 would require a paved 24 foot roadway with one sidewalk and with a right‐of‐way width of 60 feet. Issues Right‐of‐way frontage – The current lots are accessed via an easement from North Douglas Highway to USS 1555. The easement is over Goldbelt/Sealaska land. The new subdivision would be required to have frontage on a right‐of‐way. The right‐of‐way would be required to extend to North Douglas Highway through Goldbelt/Sealaska land. The applicant has stated that the public access road would not be allowed across the Goldbelt/Sealaska land through the current easement agreement. Driveway adjacent to anadromous stream – The driveway to USS 1555 would be required to be improved, but portions of the driveway are within the no disturbance and no development buffers of an anadromous stream. If a right‐of‐way was platted through the subdivision, it would need to meet the buffer requirements. The option to vary from the streamside buffer requirement is currently not available.  Packet Page 8 of 88 Planning Commission File No.: AME2015 0015 October 21, 2015 Page 5 of 3 Additional Information Site Visit ‐ The applicant has suggested it would beneficial for Planning Commissioners to visit the site to become more familiar with the area and subdivision layout. She has suggested and has made herself available for any interested Planning Commissioners to visit the site on Saturday or Sunday, November 21st or 22nd, from 10am to 3pm. The applicant could meet the Commissioners at the driveway to the subdivision at the end of North Douglas Highway and walk or orient the Commissioners along the driveway and through the subdivision. The applicant can be reached at 907‐ 723‐4003 to meet Commissioners at the end of North Douglas Highway. Staff will poll the Planning Commissioners at the November 10th regular Planning Commission meeting and see who is interested in a site visit. If three or more Commissioners will be at the site at the same time public notice will be required.  Packet Page 9 of 88 DEVELOPMENT PERMIT APPL/CATION Project Number Date Received: CITY and BOROUGH of JUNEAU Project Name Ci Slaff lo Assign Name Project Description Variance to the reguirements of lot frontage on and direct and emctical access to a eublic right of way (49.15.424} to al!ely for a minor ~"Ub<livision of US Survc~ 1555 The landowners arc rcgucsting this variance erior to undertaking the substantial cxl!!:nscs of the subdivision aeelication. I PROPERTY LOCATION z Street Address 14010 through 14040 North Douglas Highway I Juneau/99801 City/Zip - 0 I- <( 'ff.al Descriptlon(s) of Parcel(s) (Subdivision, Survep Block, Tract Lot) .S.Survey No. I555, Tracts l, 2, 3 and 4. lat 78-25W, Juneau Recording District, 9-6-1978. Assessor's Parcel Number(s :!il: 6 3Dl401070010, 3D14 1070020, 3D1401070030, and 3D1401070040 a:: LANDOWNER/ LESSEE 0 Property Owner's Name Contact Person: WorkPh, ne: LL See Addendum attached -z Mamng Address See Addendum attached E-mail Address Home Phone: Other Contact Phone Number(s): FaxNumrr-: See Addendum attached I LANDOWNER/ LESSEE CONSENT -R~lr:ed for Planning Permits, not needed on Building/ Ellglneenng Permiis-f I am (we are) the owner(s)or lessee{s) of the property subject to this application and I (we) consent as follows: j A. This application for a land use or activity review for development on my (our) property is made with my complete understanding and permission. I- I (we) grant pennisslon for officials and employees of the City and Borough of Juneau to inspect my property as needed for pOrposes of this z B. ~ <( s dp~ ~ -a.. 0 ..J X Landowner/Lessee Signature Date . I a.. X Landowner/Lessee Signature Date I <( - I- 0 NOTICE: Toe City and Borough of Juneau staff may need access to the subject property during regular business hours and will attempl tb contact the landowner in addition lo the formal consent given above. Further, members of Ille Planning Commission may visil the property before hearing date. lht scheduled public w APPLICANT If ttie same as ©WNER. write "SAME" and sign and dale at X below ~ Applicant's Name Contact Person: WorkPhie: 0 Peterson Creek Landowners Association Gretchen Keiser na « Mailing Address PO Box 21883, Juneau, AK 99802 Horne Phone: (907) 723-4003 Fax Numjr: na a.. E-mail Address Other Contact Phone Number(s): gekeiser~ail.com .11 , X ( ),'J)p-J!rih ,;<fo<e.tA.J?r t//Jfp/:JdJ~ - ,. ., ~olicanf'"s Signature Dad! of Ai:l,lication! - I -FFICE USE ONLY BELOW THIS LINE ' I...J PennitTvoe Date Received Anolica6on Jumber:(s) Building/Grading Permit City/State I Proiect Review and City Land Action u, Inquiry Case /Fee In Lieu, Letter of ZC, Use Not Listed) ..J Mining Case <( !Small, Larae, Rural, Extraction, Exploration) I > Sign Approval (ff more than one, fill in all applicable pennlt #'s) 0 « Subdivision (Minor, Major, PUD, St. Vacation, St. Name Change) I a.. Use Approval {Allowable, Conditional, Cottage Housing, a.. Mobile Home Par1<s, Accessory Aoartment) - <( ✓ Variance Case {De Minimis and all other Variance case tvoesl ffl.l. ,lol I f VM:L--0 I ~ ou Z>1 u. Wetlands ~ " LL Pennits . Zone. Change <( I- Application I other u, (Describe) -Public Notice Sign Form filled out and in the file. Comments: ikelnltlals NOTE: DEVELOPMENT PERMIT APPLICATION FORMS MUST ACCOMPANY ALL OTHER COMMUNITY DEVELOPMENT DEPARTMENT APPLICATIONS- /:IFORMSl2010 Annlir.atlnn,: RAvL..:ad Nn11Amhlar 2009 l  Packet Page 10 of 88 VARIANCE APPLICATION Project Number Project Name (15 characters) Case Number Date Received J/AtLlOIS003 I 01/tt.t,{t s- TYPE OF VARIANCE REQUESTED: □ Variance to the Sign Standard (VSG) □ Variance to Dimensional Standards {VOS) D Variance to Habitat Setbacks (VHB) □ Variance to Parking Requirements (VPK) D Variance to Setback Requirements (VSB) ✓ VM•'WVI u., ~ v~~1Jh- ~ !)_. DESCRIPTION OF ACTIVITY WHICH REQUIRES A VARIANCE: A minor subdivision, to be proposed by US Survey 1555 landowners, would require lot frontage and direct and practical access to a public right of way. The landowners request a variance to the frontage and public access requirements before applying to subdivide. t-- ~::l Previous Variance Applications? □ YES iJNo Date of Filing: fl. a. Previous Case Number(s): <( w :r: I- Was the Variance Granted? □ YES □ NO > m UNIQUE CHARACTERISTICS OF LAND OR BUILDING(S): the unique characteristic is the 47-year 0 ~ w existence, use, and private maintenance of a private driveway from North Douglas Highway through USS 1096 and USS 1555. ~ ~ See attached letter for background and explanation justifying this variance request. 0 u w m ~ UTILITIES AVAILABLE: WATER: D Public iJ On Site SEWER: □ Public liJ On Site WHY WOULD A VARIANCE BE NEEDED FOR THIS PROPERTY REGARDLESS OF THE OWNER? The lot frontage and direct and practical access to a public ROW are design requirements for a subdivision. regardless of landownership. WHAT HARDSHIP WOULD RESULT IF THE VARIANCE WERE NOT GRANTED? The USS 1555 landowners would be unable to proceed with a minor subdivision. Existing and future landowners will experience difficulties in financing improvements and real estate transactions because of non-traditional, multiple landownership of the existing large lots. Some owners would be unable to create additional residential lols on undeveloped portions of their existing lots. VARJANCE FEES For more information regarding the Fees Check No, Receipt Date permitting process and the subrnittals required for a complete application, Application Fees $ 4oo.oo IIJ&o please see the reverse side. Adjustment $ If you need any assistance filling out this forrn, please contact the Permit Total Fee $ '\l,o. oo /~/pO ILZS fiJ/ii/ls- Center at 586-0770. NOTE: MUST BE ACCOMPANIED BY DEVELOPMENT PERMIT APPLICATION FORM Revised July 2015-I:\FORMS\Applications Page 1 of3  Packet Page 11 of 88 Addendum providing Project Landowners and Applicant~s names and signatures to DEVELOPMENT PERMIT APPLICATION Project Number: Project Name: Peterson Creek Landowners Assn names, addresses, contact information: Jill Sandleben 907-723-2352 (h) 14010 North Douglas Hwy. Juneau, AK 99801 j i llintheforest@gmaiI.com David and Jeannine Bonk 360-305-7374 (Jeannine's cell) 1519 Marine Drive (360) 305-2355 (Dave's cell Bellingham, WA 98225 pelmenidave@yahoo,com (Dave) mrs.pelmeni@yahoo.com (Jeannine) Maureen O'Leary and Armenio Campos 907-209-6607 (Armenio's cell) 83 Greenleaf Street Quincy, MA 02169 907-723-4003 {G's cell) Gretchen Keiser and Bob Wild 907-209-6703 (B's cell) P.O. Box 021883 gekeiser@gmaiI.com Juneau, AK 99802 robertgwild@gmail.com Ann Turner Olson and Marlyn Olson 907-723-3048 (Marlyn) P.O. Box 24081 907-723-5219 (A's cell) Douglas, AK 99824 ann_turnerolson@yahoo.com marlynolson@yahoo.com Ray and Connie Stasko 907-766-2610 (h) P.O. Box 486 907-766-2711 (C's w) Haines, AK 99827 907-723-9866 (R's cell) staska@aptalaska.net Connie Keithahn 907-321-2661 (C's cell) 14040 North Douglas Hwy. Juneau, AK 99801 conniekeithahn@gmai l.c ADDENDUM TO Development Permit Application Pagel  Packet Page 12 of 88 Landowne r Consent We are the owner(s) of the property subject to this application and we consent as follows: A. This application for a land use or activity review for developme nt on my (our) property is made with my complete understand ing and permission. B. I (we) grant permission for officials and employees of the City and Borough of Juneau to inspect my property as needed for purposes ofthis application. \ ''( C''· - I --7.)_-rc_- - x =-4'"\J>ti 1\ ( ✓: --... ~ c I \..----· ------- --- __c1 ...!...._____._ __./_ __ L)\ngela Jill Sandleben Date X Maureen O'Leary Date X Armenio Campos Date X David Bonk Date X Date ~Bonk X ~~ '1/13Lz , o15 X a "Ju~ Date q/,t,{:vs- --~ X Marlyn lson q/1cftz-r; /_s- Date X lhvw~~ q/14-/ j_/) 1~ I • Ann Turner Olson Date X ~ Connie Keitbahn ;) ?/4e~ X Connie S. Staska Date X Raymond f. Staslca Date ADDENDU M TO Developme nt Permit Applicatio n Page7.o..,.  Packet Page 13 of 88 Landowner Consent We are the owner(s) of the property subject to this application and we consent as follows: A. 1his application for a land use or activity review for development on my (our) property is made with my complete understanding and permission. B. I (we) grant permission for officials and employees ofthe City and Borough of Juneau to inspect my property as needed for purposes ofthis application. X Angela Jill SandlebenO' ~ Date X )-ta1,~ { ) ~ {to ) 1~f, JC X ~--~ ~~~ ~ , -~1_·~/_'_7 _~--- AnnenioCampos Date X David Bonk Date X Jeannine Bonk Date X Robert Wild Date X Gretchen Keiser Date X Marlyn Olson Date X Ann Turner Olson Date X Connie Keithahn Date X Connie S. Staska Date X Raymond F. Staska Date ADDENDUM TO Development Permit Application Page 2 b  Packet Page 14 of 88 Landowner Consent We are the owner(s) of the property subject to this application and we consent as follows: A. This application for a land use or activity review for development on my (our) property is made with my complete understanding and permission. B. I (we) grant permission for officials and employees of the City and Borough of Juneau to inspect my property as needed for purposes of this application. X Angela Jill Sandleben Date X Maureen O' Leary Date X Armenio Campos Date X :bd Kn.f-- David Bonk '6 · 22. · I$"° Date X Qannme£1~ B · 2-2 . ,c.;- Date X Robert Wild Date X Gretchen Keiser Date X Marlyn Olson Date X Ann Turner Olson Date X Connie Keithahn Date X Connie S. Staska Date X ADDENDUM TO Development Permit Application Page2(!_,  Packet Page 15 of 88 I ..11 ncl• •w nie-r C 1u1~11 t \\.'C' ::7ire ,hi! O'o.\a:ner-.;' sl •~f the property :<:u~jc.::t m [his appl k:u itl;l ilml \ \·~ i.::nn r.,:;11 ;1:-. fo I11.-,,.'l'.;.; J\ '[ lfr-,. aprlit,1li1.m for ;1 l.mnJ use ;,:,r m;ti,·i~y re, ic·,, to~· dc-,,;:!opm~,u on my c~-:-u,J ,·t1-n1•cr1~ ·~111~;!!' \.\ ~,h )II) n ~•~mlt<lt' 1tt'¼k~,1:mdint; .:11n i fi\mfr;:,i on, B. E('t,\,"C') gru.t pcnuLssk,1~t;;1, (:,ffi.:: if:JI;-. :111;._1 1,mr ,,,◊)~~~<; iJ rthe ('j I 'f' im.d llU!X'l~!Y) (.I f .1-:Jxcitu tu in:;~ci.'.! my prup;:rt::. us m.:cdcd for !)WJlllSL':•- 11f Lhi.. :~pplica~mr1. X Anl;i:-fa f.:ll :Sii.7.<llc~::t X ~,..J.aurc.."t'n 0- u-ary X .-\rm:!;:1:0 ·C,c1mpos l h11e X D.a.•:o Honk X k~m:t:n~ 3 ,mk X Robct W iJd X Urettbl!"n ~ i!~s~r X Ma~1y-1 Ul:,uti X Attt, J l)tr11,.~r Ulsi:'tj X X U•.JI,..: X  Packet Page 16 of 88 September 16, 2015 CBJ Board of Adjustment Community Dev. Dept. Staff Subject: Request for Variance to the Requirements for Lot Frontage on and Direct and Practical Access to a Public Right of Way Dear Members and Staff This letter provides background and an explanation for a variance request by the landowners of U.S. Survey 1555 (near Outer Point, Douglas Is.) who will propose a minor subdivision to create nine lots out of the existing four lots (Tracts 1- 4) in USS 1555 (Attachment 1). I am writing on behalf of my fellow landowners. As an initial step preceding a minor subdivision application, the USS 1555 landowners request a variance to the requirements that all lots have at least 30 feet of frontage on and have direct and practical access to a dedicated right of way. These requirements are found at CBJ 49.15.424(b} in the recently adopted CBJ Ordinance 2015-03, which replaces the former requirement at CBJ 49.15.460 (5) and 49.40.120. The lots in USS 1555 do not front on a dedicated right of way but are accessible to the North Douglas Highway via a private driveway of about 0.6 miles. See general area map (Attachment 2). We believe that our privately-maintained driveway in private easements, which are owned in common by the USS 1555 landowners, provides direct and practical access to the North Douglas Highway from each lot in USS 1555. It is prudent to resolve this access issue first before incurring substantial expenses associated with a formal subdivision application. Background USS 1555 and the last few hundred feet of North Douglas Highway and a driveway connecting the Survey to the highway were all at one time part of a 140-acre homestead identified as Homestead Entry No. 75, later renamed USS 1096. The homesteader, Fred Peterson, applied in 1913 for patent on 34.56 acres of the 140 acres. The USS 1555 was surveyed out of USS 1096 and platted in 1925. The surveyor noted that no trails or roads traversed these surveys and that Juneau, the nearest post office and source of supplies, was  Packet Page 17 of 88 Variance Application U. S. Survey 1555 Page 2 located about 15 miles southeast by water travel. In 1930 Mr. Peterson was granted title and patent to USS 1555, and USS 1096 remained in the public domain. In 1946, Mr. Peterson sold USS 1555 to George Ledbetter, who in turn sold it to Stock and Grove, Inc. in 1965. The North Douglas road was extended to its present terminus at that time. The U.S. Forest Service in 1968 granted an easement to Stock and Grove which constructed a private roadway in a 40 foot wide corridor through USS 1096 to connect USS 1 1555 to the North Douglas Highway. At the same time, the company also built the driveway through USS 1555 to the beachfront opposite Shaman Island at Fritz Cove. Stock and Grove, Inc. sold USS 1555 in 1977 to Mr. Jerry Kressin and others, and the new owners applied to CBJ to subdivide USS 1555. The landowners requested a platting waiver of the public access requirement on the basis that they had an easement from the USFS in USS 1096 and that guaranteed access for the USS 1555 landowners would be written into restrictive covenants. The 1977 CBJ Platting Board considered several issues: property owners should have access to their individual lots at all times, the lots would not front on a public access but would be accessed by a driveway in a USFS easement, the nature of that USFS easement, the 40- foot corridor through USS 1096 could not be expanded to 60 feet to meet CBJ standards, the possibility of dedicating a right-of-way but not building a road at the time and the potential that in the future CBJ would have to construct and maintain a dedicated road, the lack of flexibility in the subdivision code to address rural subdivisions like USS 1555, and that the landowners favored private (not public) access to the Survey Attachment 3 provides minutes from Planning Commission meetings on 9/26/1977 and 11/14/1977. The Platting Board believed if there was to be any future subdivision of USS 1555 the matter would have to come back before the body. They approved the waiver on a 7 to 1 vote in late 1977, provided that restrictive covenants were placed on the property. The Declaration and Establishment of Restrictive Covenents (sic) for U.S. Survey 1555 established the Peterson Creek Landowners Association ("PCLA") in 1978 and provided for access and maintenance of the common driveway through USS 1555 to each lot (Attachment 4). The restrictive covenants also provide landowners a way to deal with third parties. With the restrictive covenants, the 34-acre Survey was then subdivided into the four 8 to 9-acre tracts that still exist today. Conditions of CBJ code governing waivers at the time limited the subdivision to no more than four parcels, each being at least five acres in size. The PCLA has operated for 37 years and is governed by bylaws and an elected Board of Directors, and is registered as a Domestic Nonprofit Corporation with the State of Alaska. 1 The USFS chose to administer the easement under a special use permit that facilitated annual review to ensure that the roadway was being maintained.  Packet Page 18 of 88 Variance Application U. S. Survey 1555 Page 3 In 1978, native corporations selected a portion of USS 1096 that included the driveway to USS 1555. Goldbelt, Inc. opposed granting an easement to USS 1555 landowners. Despite USS 1555 landowners' request, the BLM did not support the easement when the conveyance to Goldbelt took place in the early 1980s because the agency said there was no existing use by the public; rather it was being used as private access to private property. Subsequently, the PCLA entered into a rental agreement with Gold belt for continued use of the driveway. In 1991 a supplemental plat for USS 1096 was recorded that showed its subdivision into Lots 1, 2 and 3, and the segregation of USS 1555. Gold belt and Sealaska have title to the surface and subsurface of Lot 3, a 75-acre parcel of land on which North Douglas Highway ends and the private driveway to USS 1555 begins. The State of Alaska owns Lots 1 and 2. Thus, USS 1555 abuts native land, State land, CBJ land (north of a portion of Tract 4, USS 1555), and beachfront at Fritz Cove near Shaman Island (Attachment 5). The USS 1555 landowners sought to recover a permanent easement from USS 1555 to the North Douglas Highway (as originally granted by the USFS through USS 1096 in 1968). In 2003 the PCLA landowners purchased from the native corporations permanent easement rights to a 40-foot wide corridor through USS 1096 along the existing driveway. This easement can be extinguished only if a single party becomes the owner of the dominant and servient estates, the PCLA releases the easement in favor of Goldbelt and Sealaska, or the easement is abandoned by the PCLA. Since 2003, the PCLA pays for an insurance policy to hold the native corporations harmless for any claims associated with use of the easement. To date, no claims have been made (Attachment 6). Thus, the extraordinary situation affecting USS 1555 is the longstanding existence and successful use of a private access to the property more than 1/2 mile from a public ROW. The private driveway has provided access from the North Douglas Highway to and through USS 1555 since 1968. Private landowners have diligently maintained the driveway through USS 1096 and USS 1555 at their own expense for nearly 50 years. The maintenance, annual charge assessment, and common ownership have been ably managed by the Peterson Creek Landowners Assn since 1978 - nearly 40 years. The private driveway provides direct and practical access from North Douglas Highway to each lot for residents' vehicles, their guests, and service trucks (for deliveries of heating fuel, propane, construction materials, furniture, concrete & gravel, etc.). The neighborhood has functioned as a self-reliant community, as the CBJ has not provided public services (water, sewer, road, or school bus transportation) to USS 1555. There are no public utilities in the easements accessing USS 1555. The Survey also lies outside the borough's fire protection service area.  Packet Page 19 of 88 Variance Application U. S. Survey 1555 Page4 Practical Difficulties The practical difficulties that arise in this instance would be the unnecessary and unwarranted construction of a public ROW from North Douglas Highway to access lots within USS 1555. A direct and practical access, albeit private, already exists to the lots in this Survey. It is not economically reasonable, environmentally advantageous, or topographically warranted to require a new road. The private easement through USS 1096 does not allow for a public access road. Thus, it is pertinent to ask what it would take to build a public access road from the North Douglas Highway to and through USS 1555. If one examines the terrain in USS 1096 and nearby land to the east, there is no significant topographic, environmental, or zoning difference between the location of the existing driveway in Lot 3, USS 1096 and an alternative route along a section line to the east that borders State land (USS 1096, Lot 2), CBJ land and Goldbelt/Sealaska land (USS 1096, Lot 3) (Attachment 5). Goldbelt has posted its property in this area. A driveway built along this alternate route would leave the North Douglas Highway at about where the "End of Road 1000 feet" sign is presently located. The route would go west through forested wetlands and meet USS 1555 at about the eastern common corner of Tracts 1 and 2. The total distance could be about 1500 feet. Wh ile the State land includes an easement along its portion of the section line, it would be necessary to purchase a public easement from CBJ or Goldbelt along their border with the section line. This alternative access was analyzed and deemed unrealistic by the parties when PCLA negotiated purchase of the easement through USS 1096 from Goldbelt and Sealaska in 2003. 2 New road wou ld also have to be built within USS 1555 to access each lot. Given the current layout of Tracts 1-4, a new road would likely consume a lot of land within the Survey. It may require additional construction of personal driveways. The present location of about 0.25 mile of the existing driveway t hrough USS 1555 is adjacent to Peterson Creek. This portion of the driveway would likely have to be abandoned as it would be unacceptable as a public access route under CBJ code that requires a SO-foot setback from an anadromous fish stream. Federal wetlands permitting may also be difficult because of the potential surface disturbance and likely environmental degradation in the Peterson Creek drainage that could be avoided. 2 This route was also examined earlier in 1977 when subdivision occurred and by CBJ in correspondence with USS 1555 landowners in 1987.  Packet Page 20 of 88 Variance Application U.S. Survey 1555 Page 5 As a practical matter, building a new public access is unjustified when a perfectly adequate driveway is already in place. The existing driveway works well! The USS 1555 landowners have a functional neighborhood association with a longstanding "track record" of driveway maintenance. Hardship If the variance is not granted, the alternative of a public access built to CBJ Street standards w ill not happen because it is neither practicable nor desirable. Without the variance, several hardships would occur. A minor subdivision will not occur, and existing and future landowners will experience difficulties in financing improvements and real estate transactions because of non-traditional, multiple landownerships of the existing large lots. Also, the owners of Tracts 1 and 4 would not be able to create additional residential lots on undeveloped and buildable portions of their existing parcels. This reduces market valuations for landowners and also depresses property assessments that affect the borough's tax revenues. These hardships run counter to an underlying purpose of Title 49 which is to recognize the economic value of land and encourage its proper and beneficial use (CBJ 49.05.100(6)). Variance Approval Criteria The variance request meets the following criteria specified in the land use code: 1.) The relaxation applied for or a lesser relaxation would give substantial relief to property owners involved and be more consistent with justice to other property owners. Yes. Granting the variance would provide substantial relief as it would allow the USS 1555 landowners to proceed with a minor subdivision application that includes continued use of the private access driveway. Subdividing the existing four large tracts would provide substantial relief to the landowners in the nature of simplified ownership of home sites. Owners would be able to create and sell additional buildable lots from their large tracts. We believe we can meet all other requirements for a m inor subdivision. Absent the variance, the USS 1555 landowners would be unable to meet the dedicated right of way requirement and further subdivision would not occur. Also, retaining the private access under a new minor subdivision would be more consistent with the limited, non-public access purchased in the private easement from Goldbelt and  Packet Page 21 of 88 Variance Application U.S. Survey 1555 Page 6 Sealaska across their adjacent property in USS 1096. The private nature of the easement helps minimize trespass issues on their land in this area. 2.) Relief can be granted in such a fashion that the intent of this title will be observed and the public safety and welfare preserved. Yes. The relief requested would allow the continuation of a private access to and through USS 1555 as a feature of a proposed minor subdivision. The private maintenance of the existing driveway by a fully-functional landowners association since 1978 clearly has met the conditions of the original platting waiver in 1977. Significantly, the well-established PCLA, commonly held driveway and annual maintenance charge to USS 1555 landowners, and liability insurance policy satisfy the intent of the recently adopted subdivision code, particularly the directions embodied in CBJ 49.15.430- 435 for privately-maintained driveways. Granting the variance request does not raise public safety issues because the public does not now use nor wou ld be able in the future to use the private access across USS 1096 and through USS 1555. The PCLA's experience has been that the general public respects the "private property" posting and gating of the existing driveway. The community's welfare is preserved because a private access driveway to a rural residential subdivision in USS 1555 does not interfere with the public's current and future use of nearby trails and adjacent public lands for recreation. With respect to CBJ's efficient and economical maintenance of public roads, the community's welfare would be well served by granting the variance and not requiring the dedication of an isolated public ROW near Outer Point when the nearest CBJ-maintained streets are about four m iles away at Bay View Subdivision. 3.) The authorization of the variance will not injure nearby property. Yes. Authorizing the variance would enable USS 1555 landowners to maintain the private access as they proceed with a minor subdivision that breaks large 8 to 9-acre parcels into still relatively large 3 to 4-acre lots. The private easement across a portion of USS 1096, owned by Goldbelt and Sealaska, would experience a relatively modest increase in Average Daily Traffic 3 when the proposed additional lots in USS 1555 were developed. However, keeping this access private would maintain the status quo of no public use of the driveway. The variance would have no effect on this easement as it does not prevent use of this driveway by the Goldbelt Inc. or Sealaska to access their property adjacent to USS 1555. 3 Under CBJ calculations, nine lots with single-family homes would generate 86 ADT. If all homes had accessory apartments, and additional 60 ADT would lead to a total of 146 ADT for the USS lSSS subdivision.  Packet Page 22 of 88 Variance Application U. S. Survey 1555 Page 7 Maintaining private access as a result of granting the variance would not injure adjacent State of Alaska (Lots 1 and 2, USS 1096) and nearby CBJ property. These public lands are not accessible from USS 1555 or its driveway. The CBJ property has waterfront access, as does the State remnant Lot 1, USS 1096. State-owned Lot 2 is accessible along the section line to the North Douglas Hwy. Maintaining private access on the subject driveway would continue to "protect" these adjacent lands from potential trespass and policing issues that might arise if it were made a public ROW. Further, USS 1555 extends to the waterfront and as such does not "land lock" any adjacent property. The access driveway to lots within USS 1555 is completely internal to the survey and does not abut any adjacent property whose future development would be negatively impacted by granting this variance. 4.) The variance does not authorize uses not allowed in the district involved. Yes. The proposed land use is residential which is the same as the existing land use approved under Plat 78-25W and allowed in the Rural Reserve zoning district. Also, the Restrictive Covenants governing USS 1555 restrict uses to residential and recreational purposes. 5.) Compliance with the existing standards would: (A) Unreasonably prevent the owners from using the property for a permissible principal use. The owners could use the property for permissible purposes but would not be able to attain financing for improvements or real estate transactions. We believe it is unreasonable to hinder the full potential build-out and valuation of USS 1555. (B) Unreasonably prevent the owners from using the property in a manner which is consistent as to scale, amenities, appearance or features, with existing development in the neighborhood of the subject property. The owners can continue to use the property in a rural residential manner, w hich is consistent with neighboring undeveloped Goldbelt property and public lands used for recreation.  Packet Page 23 of 88 Variance Application U.S. Survey 1555 Page 8 (C} Be unnecessarily burdensome because unique physical features of the property render compliance with the standard unreasonably expensive. Yes. The unique physical feature of USS 1555 is Peterson Creek and particularly its location in relation to the existing driveway. Peterson Creek is a catalogued anadromous fish stream with populations of Coho, chum, and pink salmon, Dolly Varden and cutthroat trout. To comply with CBJ's public ROW requirement and the 50 foot setback requirement from an anadromous fish stream would essentially mean construction of a new road and driveways through much of USS 1555. This would be a substantial financial burden to USS 1555 landowners. The amount of disturbance could also have detrimental environmental effects on Peterson Creek itself from road construction activity, runoff, etc. (D) Because of pre-existing nonconforming conditions on the subject parcel, the grant of the variance would not result in a net decrease in the overall compliance with the land use code. Yes. The USS 1555 landowners were granted a waiver of the public access requirement in 1977 leading to the original subdivision into four tracts. That nonconforming condition of a private access has not changed since then. Granting a variance today to this same public access requirement for this same private driveway would not change the Surveys overall compliance with the land use code. 6.) A grant of the variance would result in more benefits than detriments to the neighborhood. Yes. The neighborhood would enjoy benefits from the granting of this variance as it would remove a current obstacle to further subdivision of USS 1555. Uncoupling the multiple landownerships of the existing lots would ease individuals' ability to the finance property improvements to the overall benefit of the neighborhood. A few additional lots would increase neighborhood association membership to share the costs and effort for driveway maintenance. The modest population increase generated by creating new buildable lots is not viewed as a detriment to the neighborhood or nearby property. In conclusion, just as occurred in 1977 under the then CBJ land use code, a variance to the public access requirement is needed in order to further subdivide USS 1555 today,  Packet Page 24 of 88 Variance Application U. S. Survey 1555 Page 9 regardless of who owns these properties. The history of this survey from its days as a homestead entry and its relative isolation in the borough outside urban services has fostered a neighborhood that values this quiet, rural pocket and has demonstrated its ability to maintain its privacy and private access. A variance that allows us to proceed with a minor subdivision helps to ensure the continued vitality of this rural neighborhood by simplifying landownership and associated financial transactions and bringing new landowners onto currently underutilized and buildable land. Beyond the immediate landow nership interests, denying the variance would result in a broader hardship best described as a missed opportunity to facilitate a diversity of housing choices in Juneau. The rural lifestyle in unusual corners of the borough such as USS 1555 appeals to some, particularly younger people who want to carve out a modern-day home site off the beaten path. The current residents have owned their USS 1555 property for 20 or more years, and jumped at the chance to own and build here. Granting the variance would lead to the splitting of the large lots in USS 1555 into more financially manageable parcels that simplifies and facilitates the entry of a few more adventurous people into this exceptional neighborhood without changing its underlying self-reliant and private character. Thank you for your time and attention to this variance request. Sincerely, P.O. Box 21883 Juneau, Alaska 99802 Physical Address: 14030 North Douglas Highway cc: PCLA members Attachments: 1. Sketch Plat for USS 1555 and Site Plan showing existing and subdivisions and the approximate location of the private driveway and Peterson Creek. Plat 78-25W, Juneau Recording District, September 6, 1978.  Packet Page 25 of 88 Variance Application U. S. Survey 1555 Page 10 2. Local Area Map. Exhibit A of Agreement and Deedfor Perpetual Easement. Juneau Recording District, 2003-009640-0, September 10, 2003. 3. Minutes from Planning and Zoning Commission Meetings on 9/26/1977 and 11/14/1977. Pertinent portions only. 4. Dec/oration and Establishment of Restrictive Covenents for U.S. Survey 1555, Juneau Recording District; Book 158, pages 630-641; January 18, 1978. 5. U.S. Survey No. 1096, Alaska, Supplemental Plot. Juneau Recording District, December 17, 1991. And patents to lots within USS 1096 to Sealaska Corporation, Goldbelt, Inc., and State of Alaska. 6. 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No. 5713 /§~ ,4,VD ARt;::, /,V C:::OAIFLICT ,µ//Thi Th'IS h~ ·•. ..· c:f>.- .S.VRV,t=v.; ' T.,L,!E c;:Y""cA,/ .8cAR/,,Uc$ f\ '/) 1>. 8•··········· ':'.I-~: ,4N'O/O,R OISTANCE Ar?£ ..<::JS \\{ nssio11~\ \'Ii.- - '"'-'''-- , ·SKETLtl ..PLAT .A-1'~.5'£'.1/RE.O TJ..1/S SV~VEY. ··.. ···;:-o;R L) 5U80/V/S/ON· OF USS, 1555 LOC..ciTED /(/€AR OUTER /DIN7· - . o,,u oouuLAS /""fi"EPAfi"eD BY,' .ZSLAN'D ALASK4 TffVC::-A'; NYMAN,,¢ ,LIAYES j J VIVEAU, 4 L £.) e KA 'I' r ORLJV"VEN BY/ n:>M l<IRC.t./NcR r CK. 131". /<IL.c'-r ,t./ERO,,V . - ....,. __ ___......... .. -. ~ •• o-.~ .I ':- .0-4TE.· .ScP"T 5/ 19'78 .. .··- ---· - _ ,_.._, ___ , --- :· . . . .. ...  Packet Page 27 of 88 ~ C) -0 0 (b CL U'\ ~ ~ < - -• - ·u -. \/\ C, -· . ~ { Q ~ 0~ -t1 ::-.. ~ -·· ~)\'. &. _s:: ~N V\ " . ~(\ \1} (\ "' V\ A "'i C) "'I ~ - ::'.\. !i-\\ 1. \a ~ <ta ~,. ~ f Oo .o  Packet Page 28 of 88 I OTES: ;:;c::. 5 FOR SYMBOLS I TONG.ASS I NAT/OJ ~--,, TOTEM CK., JNC. ~ ~ - ,, __ GOLF COURSE ALJGNMEHT DEVCLOPJd~DY 1998/99 ....,__ .., 7 - ::: . • - •• i . ~.._.~-·' ~~2~~::::=. -~ DOT,/PrJ.OCAmH ·. ·'.·--- .. ·-·~,: ;-::::--:~~_.:i,~- -~-.-_.·_-_~~:.,~:~J:::;.;....,;.:~_·-==_e'".'-;,e::;~~'!w~l~~7fc.At~E ~ ..'• . r S T £ ·'  Packet Page 29 of 88 A:tt,\ehrn:::~.J AND BOROUGH or JUNEAU PLANNING AND ZONING COMMISSION Regular Meeting September 26, 1977 The regular meeting of the Planning and Zoning Corranission was called to order by Chairman Kay Diebels at 7:30 P.M. on Monday, September 26, 1977 in the Assembly Chambers of the Municipal Building with the following roll noted: Present: Diebels, Menzies, Minch, Triplette, Gorsuch, Quinn and Grant Absent: Beadle and Shelley. Mr. Menzies moved to excuse Mr. Beadle and Mr. Shelley . Seconded by Mr. Triplette. There was no objection in excusing both Commissioners. Staff Present: Steve Gilbertson and Tim Maguire Approval of Minutes September 12, 1977 - Page 4; second paragraph "highest to the Commission" was deleted, so the whole sentence reads; "This was discussed and it was also pointed out that ..if the zone change is approved, the applicant would not be committed to any plan but could still develop the property to the utmost density allowed by that zoning" . Mr. Menzies moved for approval of the minutes as corrected. Seconded by Mrs. Gorsuch. There was no objection in approving the minutes as corrected. September 14, 1977 Special Meeting Page 4 - The conclusion was included in last paragraph and the wording ,was slightly changed t read; Mr. Menzies expressed a concern tha such a classification might stop efforts for a transportation corr· or in that area . Mr. Hartenberger noted this as one of the reason the staff did not analyze those areas. Another reason is that it is tside the political jurisdiction of the City and Borough. It is als under study now with South East Transpor­ tation Study. The Commiss· n might want to recommend that the Assembly solicite comments from t Haines Borough and then encourage the Assembly to make a rec endation after those comments have been received. It was requested by M. Menzies that the staff contact the Haines Borough immediately to see· they have done anything on those areas, and relate the comments to bo ' the Commission and the Assembly. Mr. Hartenberger stated that hew ld convey the Commission's concerns over the Endicott River and St. es Bay areas. The Commission would like a wilderness designation _f r these two (2) areas as long as future transportation corridor is rovided for. Mr. Triplette noted he would not want to do anything t a t might jeopardize a transportation corridor in that area. such moved for approval of the minutes as corrected. Seconded by Mr Menzies. There was no objection in accepting the minutes as con; cted. , ,,.  5€+>Te-rn~£~ ~b1lq7'1 Packet Page 30 of 88 ~lo.nOl\"\~ '.ZokliNl,- Cor0missiDtJ Staff's recommendation was approval . oth lots adequately meet platting and zoninq standards . Mr. Menzies asked if the dome use met all setbacks? Mr. Maguire answered Yes . Being that there was no lie participation, the public hearing was closed. Mr. Menzies moved fo approval. Seconded by Mr. Grant. Mr. Menzies ft his chair at this time. Waiver, u.s.s. 1555, Outer Point, Douglas Island The staff report was given by Tim Maguire. The owner of u.s . s. 1555 is requesting a platting waiver to subdivide this 34.66 acre parcel into 4 lots; two lots containing 8 acres and 2 lots containing 9.3 acres. The location of this property is 13.5 mile North Douglas Highway. It is surrounded by U.S. Forest Service land on three sides and by water on the fourth. The applicant is requesting that a variance be granted to the ordinance requirement _ that each lot within a subdivision abut a dedicated roadway . The reasons 'given are the relative isolation of the parcel and the unlikelihood that the road will be maintained by the City and Borough. Two alternatives for access have been proposed. The first would be a 60 foot access easement extending the length of the southwesterly property ----- line. All lots would be provided access to the water through this easement . The second access proposal would continue the Forest Serv._i ce easement, which extends from the highway to the property boundary, through the length of U.S.S. 1555. The zone is R-40. The Recommendation is denial. The staff would recommend denial of the platting waiver because the newly-created lots would not be provided with adequate access according to the-· subdivi si6n ordinance. Providing proper access is a key to sound community development. It not only assures the property owner of access to this property, but also guarantees access for fire, police and other service vehicles. Since the existing, maintained roadway already runs in fairly close proximity to the above-mentioned parcel, the argument of isolation does not pertain . If a roadway were constructed to this parcel, i t would be maintained. Mr. Monti Brice, Attorney,made the presentation for the applicants, Jerry E . Kressin and Lorily Brice Kressin. He began by stating that the appl_icants are in disagreement with the rationale behind the recommendations for the waiver, being that adequate access is not provided . He felt that this was misleading, that there is a road which extends from the North Douglas Highway to the property . They propose to form a land owners association, comprising of the owners of the four (4) tracts, to run with the land, where all the owners of the property would share the right to the access. The land owners association would be granted a permanent ease­ ment ( appurtenant) to the land by deed . The staff's concern was that an easement cannot be permanent, that it can be extinguished, but under these conditions, that it is unlikely such an easement would be extinquished. -5-  Packet Page 31 of 88 Mr. Brice then listed the possible ways this type of easement could be extinguished. The first situation is where the dominant and serviant tenants come under the same ownership of the same parcel. An easement would not be required because the owner would only travel over his property . Another possible applicable situation where it could be extinguished is where the dominant tenant executes either a deed or will releasing the easement. In extin­ guishing it by deed or will would require all of the tenants to agree. Another method would be when a dominant tenant has abandoned the easement. This would be unlikely because these are proposed homesites and this would require the agreement of all parties. Another method would be when the tenant has used his land continuously and uninteruptedly for the staturatory period of prescription, meaning it would be an adverse possession, but it would be improbably because if a tenant were to block off the easement, they would have to do so for a period of seven years, without permission of other tenants. Tracts 2,3, and 4 would require access and it ' s impro­ bable that all three of them would abandon that access for a period of seven years. In summary, Mr. Brice -,felt that these are the only means that can extinquish this type of easement . Although it is unlikely that it will happen. A special use permit was referred which guarantees access across the Forest Service land . He stated it was a permanent conditional easement. It is transferable to any property owner by issuing a new permit . Conditions basically consist of one promise that is not to remove Forest Service timber except for maintenance, and pay fee . If an easement was not extinquished, there is a principle of law called "easement by necessity", which occurs on a landlocked tract . Mr. Brice felt that staff was interpreting the ordinance in terms of adequate access meaning no possibility that access can be denied. He felt that this was not necessary. He also gave a brief background on the plans submitted by Mr. and Mrs. Kressin. If the waiver is denied, the alternatives would be the current owners would have to sell it to somebody else . Mr. Triplette asked why the owner did not want a road in the subject area? Mr. Brice replied because they want it as a private road and not as a public road to be shared by property owners. Richard Erickson, Realtor for Alaska Coastal Real Estate, answered Mr. Triplette's question about the roadway, that the permit specifies a 40 ft. roadway and it would be impossible to go by Borough's regulatory right-of-way . Mr. Triplette again asked if it would be acceptable if the roadway was built up to Borough ' s standard? Mr . Maguire answered, that there was still the question of how to make this a more permanent access to the property, but the main concern was there are no plans for permanent access to the new lots. The City and Borough attorney felt that possible something cou-l d be worked out with Forest Service for access. Mr . Minch asked if it would be possible to get a wider easement from the Forest Service? Mr. Erickson said it would be impossible. Mr. Erickson asked the Commis~ion, if the road was brought up to standard, would the City and Borough maintain ' the road . -6-  Packet Page 32 of 88 Mr. Maguire stated that he has talked to Mr. Art Morrison.of the Public Works Department. If the road were brought up to community standard, they would be required to maintain it. Mrs . Gorsuch asked if the applicants were concerned with fire and other safety problems. Mr . Erickson stated they were not. Mr . Lance Younquist commented saying that the problem is the area in a gray area, and there are not clear cut answers . The economics don't allow for building of the road to these lots . Mrs. Diebels suggested that possibly the road could be dedicated but not built at this time. Being that there was no other public participation, the public hearing was closed . Mr . Minch moved to continue this item until the applicants get together with the staff for a better solution . Mrs. Gorsuch seconded the motion. Mrs. Diebels noted that she was also in favor of the motion to continue this. There was no objection in continuing this item . Mr. Menzies resumed his chair at this time . Waiver, portion of U. S . M.S . 341-A and 341-B, Mr . Maguire added an i ,tem that was not included on the agenda at this time on Waiver, portion of u.s.M . S. 341-A and 341-B, Laws Creek. This item was discussed during the September 12, 1977 Plannin Commission Meeting. The reason this item was continued was that as a question concerning of how off-street parking would be provided lots. This was clarified . The Commission had no objection. · Mr. Minch moved for approval of the waiver as presented . Seconded by Mr . Grant . There was no objection and the moti passed unanimously. Planning Director's Report Auke Bay Campus Master Plan - Mr . stated that Mr. Bolton is preparing an analysis of the Auke Master Plan . This plan will be reviewed at the next meeting. Southeast Conference - Mr. Gilber on mentioned that the City and Borough will be attending this conferenc on October 14, 1977 and he wishes to know if there is any particular iss s that the Commission may wish to develop policy statements on. The Co ission mentioned two important items that should be included; Fisherie Rehabilitation and Coastal Zone Management. They are also interested i all land use management proposals. New Business Review of Assembl determine advisability of establishing single which exclude duplexes . Mr . Gilbertson n ted that at the September 15, 1977 Assembly meeting, the Assembly m t i oned the need to review the zoning requirements to det7rmin7 the ad~is~bili~y of having a single-family residential ~esignation •. This is being brought to the Planning Commission to determine if they ar interested in reviewing the matter. Mr. Menzies suggested for ~hebst~rf o presen~ the pros and cons as well as financial considerations ~ e 7 ussed ~uring the next meeting . The Commission agreed to continue d iscussi non this matter. -7-  Packet Page 33 of 88 City and Borough of Juneau Planning and Zoning Commission Regular Meeting November 14 , 1977 The regular meeting of the Planning and Zoning Commission was called to order by Chairman Kay Diebels at 7:30 P.M. on Monday, November 14 , 1977 in the Assembly Chambers of the Municipal Building with the following roll noted : Present : Diebels, Beadle, Menzies , Minch, Triplette, Quinn , Gorsuch and Shelley . Absent: Mr. Grant (on vacation) Mr. Shelley moved to excuse Mr. Grant . Seconded by Mr. Beadle . There were no objections . Staff Present: Art Hartenberger, Steve Gilbertson and Tim Maguire APPROVAL OF MINUTES The minutes of October 25, 1977 were reviewed and following corrections were m~de. Page 4 - Last second paragraph, the word "forest' was changed to read "forced relocation", so the sentence rads; Mr. Grant moved for approval based on geographical hazar and due to forced reloca­ tion. The motion was seconded .by M • Shelley. Page 5 - The paragraph before Final Plat, ildmeadow Subdivision, the word "or" was inserted in the s tence. So it reads ; There was no objection to the endment or to the motion as amended and the final plat approved with one (1) abstention . -. ' Mr . Menzies moved for approval oft corrected . Seconded by Mr . Shelley . There was no objection to approv·ng the minutes as corrected . PUBLIC PARTICIPATION ON NON-A None UNFINISHED BUSINESS Public Hearin on C establish borrow it ort1on o U. Subdivision. Pat B The staff report as given by Art Hartenberger. Maps were also made available showin the location of the borrow pit. A letter was received from . David S. Miller of Tryck. Nyman and Hayes . A memorandum fr Terry Brenner with City and Borough Engineering Division was included in the staff report .  Packet Page 34 of 88 The staff recommends the Planning Commis on's approval of the name Parkwo6d for this oortion of Glacierwo Drive and that this recommendation be forwarded to the A embly for their action. Questions were asked by the Comm· sion on why this was necessary. The staff could not answer som of the questions and suggested this matter be continued to then t meeting in order to l,etter respond . Mr . Shelley moved to action on this item . Seconded by Mr . Beadle. > There were no objec the motion passed unanimously. Waiver, U. S . S. 1555 Outerpoint, North Douglas The staff report was given by Mr . Hartenberger. Maps were also made available. At the September 26, 1977 meeting of the Planning Commission, the Platting Board moved to continue action on the request to subdivide U.S.S. 1555 into 4 lots . Concern was expressed over the proposed access for these newly created lots and it was recommended that staff and the applicants discuss alternative solutions to the problem . An alternative desi~n was brought to the Subdivision Review Committee in which a 60 foot right-of-way would be dedicated for access to each lot , but would not be constructed at this time . The applicant have since dropped this concept for the reasons given in the attached letter . They wish to subdivide these four lots by waiver, and either provide access by easement or by water. The zone is R- 40 and _the recommenda­ tion is denial . Since this proposal is basically identical to the earlier submittal discussed by the Platting Board at its September 27th meeting, it was the staff's opinion at that time that adequate access was not being provided for these lots and that this proposed subdivision should meet all platting requirements. It is thought that this area will be a prime area for future community expansion and that proper access is a key to sound community development . It not only assures the property owner of access to his property, but also guarantees access for fire, oolice and other service vehicles. A letter from Mr. Lance Youngquist of Alaska Coastal Real Estate was included in the staff report. Mr. Youngquist representing the applicant made himself available for questions. ~r . Minch asked Mr. Youngquist concerning the sketch, if the aoplicant is suggesting that the Commission approve the ~tetch showing all 4 lots having access to the water . Mr. Youngquist replied, the applicant would like to have this approved if i~ fact alternate sketch was not accepted. There wePe no further questions for Mr. Youngquist. -12-  Packet Page 35 of 88 Mr. Monti Brice, recalled some of the discussi on and comments that were made during the Septembe r 27th meeting, one of them being the fact that the property is surround ed on one side by water and three sides by Forest Service land . He also quoted from the U.S. Statute in Title 16, Section 478 which guarante es access to property on which settlers are living through forest service land. "Nothing in this chapter shall prohibit the egress or ingress of actual settlers residing within the boundari es of National Forest from crossing in to and from the property or homes and such roads and other improve­ ments may be construc ted there as necessar y and to utilize their pro­ perty under such rules and regulati ons as maybe ~rescrib ed by the Secretar y of Agricul ture, nor shall anything herein prohibit any persons from entering upon such national forest for all proper and lawful pur­ poses ''. "So in essence, what we've got is a guarante ed access by U.S. stature on sides (as shown} through Forest Service land and from the water side". states, Mr. Brice. There really is no problem of access plus the easement factor that was discusse d at the last meeting. Mr. Triplett e asked if he has talked with Forest Service before? Mr. Youngqu ist replied that he has talked with them and they basicall y stated that an access cannot be denied. By virtue of an existing permit, there is a road built, roughly running down the center of the property touching on all four proposed lots. The Forest Service cannot deny access by use -~f that existing roadway, unless there is a total misuse of the roadway. Mr . Triplett e asked how they would proceed with the people getting into the lots? Mr. Brice answered , by virtue of the existing lots and in if t~is is approved , the applican t intends to purchase the property Quinn which he will grant easement s to those people using the road. ~r. asked if this was called a ~erpetua l easemen t? Mr. Brice replied~ it is a granted easement by deed or necessit y, but there is a concept ease­ ment by necessit y by which a piece of property is landlock ed by which there is no other practica l means of transpor ting himself and his belongin gs to . his property . Mr. Menzies pointed out that the Native L~nd Selectio ns selected all of the surround ing lands and asked if Mr. Brice or Mr. Youngqu ist have talked with Forest Service about this. Would they have to provide access prior to giving up the land to the Natives surround ing this area? Mr. Brice answered , to his understa nding they could not transfer the current means of access now. Mr. ~enzies asked Chairman Oiebels if he could be excused during this discussi on due to a possible conflict of interest . Mr . Minch moved to excuse Mr. Menzies on the basis that he's declared a conflict of interest . Seconded by Mr . Beadle. Mr. Minch felt that since Mr. Menzies did not do aoy work regardin g this item that there was no conflict of interest . It was not connecte d with the waiver that is being requeste d for. Mrs. Gorsuch agreed wtth Mr. Minch. In this regard, the roll was called for approva l. Mr. Menzies also abstaine d from the vote. -13-  Packet Page 36 of 88 Ayes: None Nays: Triplette, Minch, Beadle, Gorsuch. Quinn. Shelley and Diebels . The motion failed with {7-0) vote . Mr. ~enzies returned to his seat. Mr. Jerry Cressen, applicant. stated that there would still be Forest Land even if the Natives selected their lands. Mr. Hartenberger said that Goldbelt will be involved in this area along with City~ Borough . Some of the land might be available for private or public development . There might be some ownership changes that may occur . Mr . Brice stated that they have not discussed this at all with Golbelt. Regardless of who takes the surrounding property in the future, who ever it is will still take it subject to the existing easement or permit . Mrs. Gorsuch commented by asking if in fact the waiver was not granted and the applicant was required to build a road, is there a requirement that rather than building the road, that the right-of-way could be dedicated for a road but it not constructed and not maintained? Mr . Hartenberger replied, this was done in many cases and that is one way to protect future access needs . It is possible that those lots will be resubdivided in the future and that the Commission needs to decide whether to treat this as a typical subdivision . If not, then this can be wa i vered. Mr. Triplette asked Mr. Brice why he did not want to have olatted access whether there would be a road or not? Mr. Brice reolied, the applicant wants property that is somewhat secluded . · Mr . ~artenberger commented, that from tfme to time th~ property owners may agree or disagree about access. and it becomes a p~tential problem. One of staff's concern is that this area could be resubdivided again. If the Commission wants to consider this, then we need to begin to identify other areas in the City and Borough and either we go with these waivers or develop a new portion of the subdivision ordinance, dea1·ing specifically with this type of problem. Mr. Menzies stated that he is familiar with the land in question. He stated that the alternate planning on this is, you are giving each lot access from the water. Mr . Menzies then asked Mr. Cressin what he would think of a right-of-way on both sides and connecting this right-of-way to the existing road? Mr . Cressin answered. all they would need is a foot path. ~r. Menzies also asked if it is possible for Mr. Brice to write deeds of conveyance stating that each of the tracts has the right to use a travel way that is already existing. Mr. Brice answered, yes, that can be written in the deed . Mr . Hartenberger brought up a concern from the staff's standpoint, that the North . Douglas Plan was adopted by policy by the Assembly to try to allocate the different uses of the waterfront as well as the upland areas . Outer Point was designated as a orime recreational area for both either public or private recreation . Mr . "enzies added the plan was developed for a boat harbor and a subdivision that was not carried through and was brought up again 2 years ago . -14-  Packet Page 37 of 88 There were no other public participants, the public hearing was closed . Mr . Minch moved to grant the waiver based on the sketch not showing the 20 foot strips. Mr. Beadle seconded the motion. Mr. Minch speaking in favor of his motion added saying that since any future develooment will have to come back and will have to comply with the ordinance that we are in good shape in terms of control over this development of these 4 tracts in the future. Mrs. Gorsuch stated she has talked with ~r. Hartenberger regarding this matter dealing with concept of rural subdivision and this kind of situation. These outlined areas will come before the Commission again in the future . At the present time there isn't enough flexibility in the Subdivision Ordinance. The population density should be considered. Mr. Menzies asked Mr. Brice about the present roadway . Could he also write in the deed that it is the responsibility of only the applicant to commonly maintain the roadway? Mr. Brice agreed that this will be written in the deed . Mr . Menzies also asked if there will be some type of land owner corporation that will deal singularly with the Forest Service? Mr. Cressin answered it will be a recreational corpora­ tion, so they will ' be dealing with Forest Service . Mr . Beadle stated that he will vote for this motion if it will be written in the deed that access will be guaranteed from the North Douglas Highway to all lots . Mr. Brice agreed . Mr. Cressin stated that he will be sharing the deed legally . Mr. Minch moved to amend his motion that in the written subdivision waiver deed description, each of the four (4) tracts will have common usage of the existing constructed roadway through the entire US survey and that a group will be formed to deal singularly with the Forest Ser~ice for trrat portion of the road from North Douglas to the US survey. Mr . Shelley seconded the motion to the amendment. Roll call for approval was recorded as follows: Ayes: Triplette, Minch , Menzies, Beadle, Quin, Gorsuch and Shelley Nays : Diebels The motion passed with (7-1) vote . There were no objections to the main motion. PLANNING DIRECTOR'S REPORT Land Selection Status Reoort ,/ Mr. Hartenberger briefly revie~d the information that was provided by the Forest land Selection Team an~ also reviewed the land selection meeting that was held and explai~!~e boundaries that were nominated . Maps were made avail~ble show~ the lands selected. Mr. Hartenberger / -15-  ! +Ad.t~ 4 . ~Af ~ ----------------- ij(l(JK J11Ng 15B flAOII: ~ Roc:anti,111 l>l11rie1 I land, ~a w1t1 wuuK.k23-flAOll..,~31 J....~ lt.n11h11~ Ilhulct I I II Packet Page 38 of 88 D~CWIRM'ION Mil) £S1'ADl,l!fltM1!11'1' OF )J RES'l'lllC'l'lVl:l COVl:lNEN'l'S FOil U, IL SURVEY 110, 15&5 ! l\111'ICl.t.: l ,. J11nuuy ~ ' 1978 .:runuu , Aluk1 II every 1ubdiviBi.on, L1ndow111trN A110c!atlon, 'l'hfl owners ot uoh and I lot, or parcel 1h111 become• member ot '1, 1 I wuiHA&, St.oak , arove, lno, (hu-,ain11tter r!ferrod tg 111 Potanon Cre11k !,and OWnan Aeaooiat:ion 1 ~n!'i, therdnatt.e.r ...... . .. . .. . ~ ..... . . . •. .. . ·v1~•J•• ., I "Own11r") l.1 the ownu in tee 11,nplll ct the following d111cribod retarrad to 1u l:.he 11 A111.oo.iat;ion"I, and 1h11ll be •ntithd to Cl1tt r e11l property, situated ~it.hl.n City and aoro~gh of Juneau 1 votea at m,11mbush.l.p meel:in;a t:hnaof in a prapotti.on approicl.matJ.n9 l1 A111• k11, to wit1 tho 1or119e ot tnair raepaotiva lot~ 1uudivi1ion or paroel of ii All 0f U,S, llurYIIV No, J,555 (111:S) ,-No, l02 ·1 · • · t.h• Survey , The purpou of uid Auqai.al:ion ii to provide •n ! l.naludinCJ tr.,ct- 1. 1 u,s, survey No;··nss 1 i r1oordad in thi Reoordera Otfio1 1 Juneau , 11eoordi11g L>iltricl:, Pita t Jud.l.o.l.d Ci&triot ,', entity to dul wi,tll third part.I.a■ on bohaU of. t he own•ra of Sta~• of Ala1k1 (hateinalr.er referred to the vadou1 aubcHv.l.a ion,, lotll 11nd p1rool1 wit.hin the S\lrvay , to II- •• the "8urvey")1 11nd Lri.11:itute 11nd d11fitnd legal action• on bahlllf ot t.h11 aame 1 1:0 ~ ( ,1 Wlll!:RIIAS 1 the PlatUn; Doard ot the City end Boro11gh, I provide maintenance ot the roadway runnin9 rhrou11h add r11A l I on llov~1nb1r 14, 1977, granted a platting waiver t.o•. aubdivid11 1, ,r .' ~ - •,---::::::: :: : - : - · " j pl:'operty I and any other l11wC11l purpo10 u detarmin11d by th11 (I the s.irvey into ·tour lot.a r 1nd I I ·;j member,, eiccapt said Aaaooiation ahall be nonprolit in nature, ,,...... ........ _.,,, , , • ••, ..... Wllt:R&AS, uid wdvar WU recorded in Book 1 0,~ .. ..... · , , ",,.. • ' ••, Each and every member ahall be tubj11ot to th• byl11w1 of uid ri Pllgd _ _ _ , Junuu Recording Piat..riat I FirDt', Judicial Association ■nu rules and regulation• promul911ted t:h1r1uncler, ' Dl a trict, d , Junu11, Alaaka 011 J11nuary _ , 19781 and J.ncludin9 the aa101ement ot ·duea 1utt.l.0Lent to datray ap1r1t1n 9 i Wlll!Rl:lAS, owner haa a11r1.11uJ to sell one lot to Jerry upan111 ot the Asaociat.ion, Memberah.l.p in uid Aaaocittl.on ■ haU 1 11::, Knuin 11nd Loi:ily Bric• •J<r1111ain, one lot. t~ Raymond I' , run wit~ t:Jta individual parcel• within the 11id Survey, 11nd on1y pstaakA and Conni• S, Staaku , ono lot to Vir;inia ~. Urio11 1 owner, ot real property in said S11rv1y may become or remain f' /Ind onli lot to MichHl J, SmHh anll 1'111'-lt K, /IIOOCII 1 (he:uino f t·er ( miimbera, ~r,tartffd to collectively aa "Purcheeera"), and I f\, A1111eument of annua.l oh11i:-9e, Par the purpo,o of f WIIEIIP:A!l 1 l.t ii now duirul.l hy owner an~ Vurahuara re, I, provLtJ L119 fund11 ftJ r uea u speoiUel:l J.n Artiol11 1 1 C hu111.>t, ; plaoe &imit«tiona on r•oord .,11 to the UMe of tho survoy 1 ,, 1 t:ha A1111ooiatlon, in aooordanoe wir.h th11 Articl111 of lnllc.1r• l NOW 1 'tlllilRJ:lPORt: 1 Owner 1Snd Purohueu I do hoteby 1:11 t!111l11h porat:ion ond t1111 llyl1.1w11 nf 1111d Aaaoohl:Lon, ahell in 0110h oovenenl:B, oondi tiona I ra1111rvat ions and r&1t.riction• upon which 1 year, comn11110J.11ci with tho year 1978 1 ·Udl111 119:1!.nu c.1auh 1,,,. ! and 1ubjaot to which all aubdivi•ions and porl:iona ot 11itJ I ' . I a ubdiviaiona ot tho Surv11y 1111111 ba improved, 1ol d or aonvuyecl . ow1111r ot ucortl 1111 or th11 clau of nac:11 aaa11um11nt I an 1.una1rnl' ·~ II • equal to uuh h1t l)Wnu •a ah11u of 1:hoau 1111111111111111nt.1 ll11an1111l !'and otherwiaa truud,, r::aoh and i,vsry c:ovenont 1 condit.ion, n11oa11H11ry by 1'1111 AMUQoio L11:111 I nr u11ult u,,u. l!11c:II l.ut uwour. 'u lr111~rv11tion !nd ruarriotion ill und all ara eor the benafit ot aharo uh11ll ll11 ,11,1111-utud L.y dlv!Llln•J lh11 11u11JJ11r nt uui:1111 :1 uaoti owner CJt 111.ld H~rvoy ur aul;llivh.l.ona rh1u·110r, h l.nt11111cl1111 ro ► lownacl l,y 1111i::11 lur 0w111Jr (co th11 na.:ir110t ono hUnd,·ac.lth ot '! s~uinra~n c1 qui11t An1.I r,1111cuful r1111dc wL,\ darnllllw 11nvll·onn11Jllf 11nll ttJ an acre) by l'liu ci:it111 nu111t,11r uf ac:r1111 11L1·hi11 thu 1ur11av ! '' pnv11nr "v• rar0w,li110 , .int.I 11h11l1 I.ii.nu thu r111p11ct lv• hei.u 1 .au11!111,11 '! ..... IH'"'· GIJ 11. • wr1, a iuuu II 0/.." uucc~•• ors in l nter11ar 1J! ~•ch and 11vary porc11l ot RAitJ -2- ,..... ij ••••, ...... _....,... 1 ••I.  .•• ., ,11 ,, 11()()1{ I~ l'AOI!. '--32- illlnK IJe, l'AGlf .~ pr.I.or to •.1 ch ■ aleJ-■w11 11...,dlftl( Dlurict Packet Page 39 of 88 llea•t. thirty (30) day■ Ct.o the neareat one hundnd th of an .JN,iu ~ p ~ ~ " t h • ': [ 'l'h■ Aa10oiat.ion ■hall have the ric;ht to adopt pro- llquotia nt th■t■of by the amount of 1110nie1 deemed neo1111 ry l•t c1dure1 , ror the ·purpo11 of makin9 the ••••••m enta herein by the: Board for the purpo•• • <•• ■peoified in Article 1, C l ' and th~ billing and colleot ion of the annual and eupplem ental th■ l llherao'- l for calenda r year f~r Whi,oh a11e11m 1nt i1 0har911 , providad that the ••me are not inoon■ietent with ji charged , In making 1uch a11■11ment., the A1acoia t,ion ehall ,the provleion■ hereof, 1l•epara b1ly IIHH each lot upon IUOh baa.ii, and Hoh IUch !I ' lot ■ha 11 be charged with th• aubjact to a lien for the f. Upon written demand by a lot owner, the ~••ooia tion * I ;lamount of 1uch 1ep1r1t e 111e11ment whioh 1h1ll be deemed ~ tho "annual oh1r9e" with raapeot to 1uch lot.. The Auoc• 1lsh111l within r1aeon1bl■ period of t.im1t h1ue ind furnbh Jto auch lot owner I written certific ate atatin9 th1t all lj t:annual charqe, Unoludi n9 int:er11 t and cost■, if any) have . l iation may, from time t.o tim1, between each annual been paid with raapeot to any ep1cifi ed lot aa of the date ~ae1ea1 m1nt, make euch aupplem ental a11e11ment1 aa deemed the .,•'of aueh certific ate or , H all annual char9e1 have not ' nacaua ry by the Aaaoch tion tin aocorda nca wit.II ~bean paid, ■attin9 forth the amount of euch annual or 1 of Incorpo ration and the 1tylew1J for a 1upplam 1ntal •1Articl1t 1 !1 1j11upplamenhl charge■ (inolud in; int1rea t and coata, if any) ~axpen1 a1, includi ng, but not limited to, the purchae e of real idue and payabl e•• of 1uoh date, The As1ocia tion may make ,jpropar ty within the 1urv1y, i' ··• uuonab la ch11r9a for the iuuano e of auoh cartl.Hcot1■ If the owner of any lot 1h111 fail to pay the annual • , which muat. be pelt! at t he time that the requ11t. for 11uch \ aharge or ■upplcment.al char9■ wlt-hin ninety (!10 l day1 tollowJ.n 9 Any such o,rtlfic ata, when duly i11ued ,certifi oat.a ia made, ; receipt of the bill referre d to in the 1bova paragra ph, I jas herein provide d, 1h1ll be conclu■ iva and binding with :• in 1dt11t.ion to the ric;ht to aue the owner far p1raona l .. ,, ., :iragard t:o any matter therein 1t:at.ad II between the Aaeoc- ;. judqmen t, tho Aa ■o(liet.ion ■hill have the right to enforce ·liation and any bonafid e pul'chae er of, or lender on, the tithe Uen hereina fter impoHd to t'.h1 ■ am, 11,ctent, includin g ,, ~lot in qu11tlo n, a foreolo ■ uro -■ le and deficien cy d1cr11, and (t.o the 11 lmpo1it ion ol chargo and l ien upon propert y, Pur• B, jj1ictent the appropr iate oourt will 1coept. jurildic tionl ' rchuera , r.or thaffl1el ve1, tJleir heir■, exeouti vee, admin- f.eubj1o t to the 11me pr0cedu r11, •• in the o■ee of 1110rt9a9e1 :• \ ; iatrat.o ra and aeeigna , hereby ooven,n t ar,d 19rea amon t ·· th1J11aal 11und1r applica ble law, the amount 4ua by 1uch owner ahall i' Un purpetu ity with reap1ct. to the tea dmpl1 a■ tat:ae within . ~inolud e th• ■nnu1lch1r9ee ••wel l•• the 001t.11 of auch t:hm eurvey conveye d to them by a1llar) , ]1prooee din9s, l.nolud!nc; a .ra11ona bl1 1tt.0rney■ tie and the 111 l That they will pay to the Auocia tion tho : afore1e id intar&1 t., 1 lt in any eaae the appropr iate court ·, annual and 1uppl1m1nt111 charge■ 111■a111ed by the rufuae a juriadio t.ion ot th• 1ntoro1 ment of 11id U.en, then ~ I ~ y ;; A110cia tion in each year againat their ra1p1ct ivo , t-he Auooia l:ion 11h111l havo the right to aell the propert )Ota I and not.ice l'o the owner ,,llat. prlvot.o nr public aaln aft.er 9ivl.n9 lh) That tho annual 11nd 1uppl111entftl eharq119, !Jot:h ,; (by ru9lnt:or,11.I mail er by publica tion ln I nawe piper of prior to anll after tho aaea11m ent. theroor oach ynar, ~9~nntn l clrcula tion In tha City and Borouqh of Juneau et u . . .... ,... v., ~ J• .. ~~ ..... nuo~ H • togethe r witti the contlnu lng ohlJ.g11t .ton to pay 1111 ....,._........... -II- C1.Y, GUCII I MDn tmn • "'. •U • ~ ttfo ! , t •-:r, UUJ It  \• . ' · IJUOK1$ t'ACH~ b3'a,. i I t 'I • I !I 1' J•n•II Hererdlna l>lmlct I\ IIOOK l ~ PAGg "35 Packet Page 40 of 88 1' I future annual. char9H 1111ea11ad in all future year•, ■hall ba and remain a first char;a a9ainat, ftnd • .. ~ ,·I the followin91 (al The oo■ ta and axpenua, l•"~•••~Dlterlct including t:a,ces, ,if any, a0nt.1.nuJ.n9 lien upon, their raapecti.va J:ot1 within l\ a11e11ed a9ain1t the A■aooiation, including the co■ ta I ~ th• aurvey. of the meintenanca of the common roadway throu9h il The Purchaser■ 1 for themselv1t1, their heir,, oxecuUva■, ,: the survey end annual cha1:9a1 a11e1eed it: by the I• ~admlni1trator1 end a1ai9n1, further oovenent an~ a9ra■ 1mon9 11 Poreat Service, J.te aui9n1 or ~uoce■aore tor ac0e11 \: ~1:he11111elva1 (in purpetuity with reapect to the fee aimple II from Nort:lt Douglas Highway to thl aurvey I includinc;, II ~e•t•t•• within the survey convayed to them by the seller i; any coat■ or eKpen11e1 resultln9 trom ony agreemeht ~herein! 1 that. ir, the event any of them deteult in t.helr between t.ha A1aociati0n an4 the u. S, Fore■ t Service, [I its auccaeao r■ or aaaigna, for euoh 100111 by the 1re1peotive red ■atat:■ agreement between them and the Soller 1 ,' ~ ... ~heHin, t.he Anociat.ion ■ hall have the right to pa_y to members of the A11oci1t:ion1 and ~Sellar those payments which 1uch default:1nt purchaser haa (bl For tho benefit: of th• member■ of the i11ociat:l0n, i1 'I,. by devoting t:he uma t:o th• 1cquieiUon of property failed to pay towards the purchase price of said lot, Such ,; payment• made by tha A■ aooiation •hall conatitute a loan to within the survey and an:i, athe·r euch exponaea aa such detaultint purchaaer for which intere■ t shall e1111111a determined by the Aae00i1tlon in aocordance with I •iat an annual rate of 10\ per annum, such loan together with lt:e Bylaw■ and ArtioleR of Inaorporntion, ' jl1ntueat · ■hall ba aa111uad a9ain1t: uid defaultin9 purchaeer 111\'l'ICLE XI !and for which a lien shall be attached to aaid lot in a Subdividing, No parcel within the Survey may ba further ,. t11ka ., amount plus c01t:1. :!subcUvided into aubdivieione, lot'I or parcels ot leea t:h11n three I Each puroha■er of· each lot, by the aoeeptance of• 1;acres, nor may any parcel bG furt:har subdivided in such R ,; I :'deed therefore, whether or not it ehall ba 110 expreued in umAnnar as t., creat,e nny lot cont:11ining n1ore t-hon ono dw11l l in11 ·t ~such dead, ahalt be doemed to have agreed to bo per■ona1ly unleea such lot be n minimum of t11 ix acre11 in • 11'.P. I nor may any i· :.subdivitlion bo rurthor auhdividetl in aud1 o manner aR t.o 'I liable for the r,nymonr, oC each annual or eupplemenl'.al charge•• i:•■aeaeed by tha A11110chtlon agoin1t auoh lot< in each year ;• create mart\ l',l111n a toUl. I o, ~.wo banchfront. lotfl within the ijduring any part of which 1u1.1h pu,:c:huer holds tit.la r.o ~survey. ",, - HOWEV&R, 1£ any real e■ tat:e adjacent .to the survey ,1auoh lot , and t:o be further per110naUy liable for any unpaid 'I t• !a■1eeemont1 due et the time of puroha1e, inoludinq 111o&ements ;i la ever developed in such a manner a■ to create raddent:ial ~ari1 lng from paym~nt1 made by the Association to the Seller lota of two or fewer acres within 1000 feat . of the border of ~herein•• de10ribad above. ,the survey, than the above ra■t:tict:ion■ aha'u be lD1ppl1cabla , c, U■e of Fund■, The Aaeociation ahall apply all fund1 l;and· futt:h•r 11ubdtvUl.on• 11hall t,a 1ubject t:o the to1low1ng ,. 1 ,raceived by it: pureuant to theae reat:riot!ona, and all ot:lier '.:res triot:ionrt, L ~funda and property received by it from any aouroe, inel~dinq \ A. No parcel within tha survey may be further aub• i' • divided into lots of lees than two acre,, ;!proceeds from the aale of any property acquired by the I !A110aiation and any eurplua funds as deecr ibad below, to 1: ~.,,,.,... ., II p ., I ouo, 1 RUDD I -6- RUDD 11 1,,1.. !I -~- tUIU. il ,,,...,u uulf,a,t " ' ... ..•••••.flll II Ii •• MOOK ~ PAG~.,t 2_~ , • U H!JUK 138 PAG1', ~7 l■nN11~Dlttric1 1wn••n II w11'1lln,t Dlttrlc1 ... •• nwl.t:h t.ho natual environment, of thf Survay, and d-■ i9na for Packet Page 41 of 88 B, No p■roal within the survey mey be furt.her •ub• i,, ell buildings are subject to the approval of the Aeaoci■ tion, .. divided in 1uch a manner ee t.o create any lots l\RTICLll: V containing more than one dwelling unleae 1uch lot ~j be a minimum of four acre, in ei1e1 Sewa;e, No raw 1ewag1 may be allowed to •••P or , c, Neither of the two beachfron t parcel• exi1ting within otherwise be di10har91d into any natural wat:erwaya running , ~ n the survey at the date of thia declaratio n may be further 1ubdivide d in auch a manner a■ to create more than a total of two beacbfrcn t aubdiviaio n1 j through or adjacent to any portion o; the aurvey, nor may any raw sewage be allowed to eaep or 0therwi1e be di1char9ed from any lot within tha survey onto any other lat within ~ within 110h of 1aid paro1l1, ,aaid survey, ~ ARTICLE I l l il ARTICLE VI ~1 'I Re1identi al Uaa, Ne lot ahall be used for other ' llubbiah, 9arb■9• and refu11 diepoaal, No lot •hnll l Jihen residenti al or recraatio n•l purpo1e1, r.be uaed in whole or in part for the 1tor11911 of rubbiah of a ARTICLE 1V ;1any oharact:er what:aoeve r, nor for the 1t:ot11ge of any property I,•I Owellin;e , (al No lot may oont.1in more than two dwellinqa . ~or thin9 that: will oauae such lot t:o appear in an unole11n or 't ~o lot of l••• than aix acre• may contain more than one Juntidy I condition or that will be offenaive to tha eye1 nor ) ~~wellin9 , Where more than one dwelling 1it1 on• 1ingle lot, ;,,hall any aubrtanoe , thJ.n9 or material ha kapt: upon any lot I' . ~~uoh dwelling■ mu■ t be 1pao1d 10 that further subdividin g t that: will emit foul or obnoxiou1 odora, or that will in otha: l!pf ■aid lot within the 9uideline e Ht: forth in Article II ~waya dJ.11:urb the peace, quiet, comfort: or serenity of the h li~bova could be aocomplilh ed in auoh e manner u to allow a iloooupant:e of the surroundin g propert.y, Tn1h, garbago and "~inimum lot 1i1e of three acrea for each dwelling, No ~other wuta ahall be kept: in 1anitary container ■ or contained may be dali9ned a■ other than 1ingl• femily unita. !1compo1t heap■ , 1\11 inclnerat on or other equipment tor tha !.1dweUin9 1 •11 !(, IIOWEVEII, if any real eatate ad1aoent to the survey ,,~a torage or dlapoaol of such matters ahell be kept in II clean ~and sanitary con~ition, \\1.■ ever developed in 1uch a manner u to create relidenth l r1i MTICLE VII of t.wo or fewer acre■ within 1000 feet of the border ;'.•lot■ !!;: Eaumanta. The owner of each lot borclerinq on "·ot the survey I then a mallimum of two dwellin91 may be built in lite, provided ' Peti!lraon Creek 1hal1 ;rant t,o tl1e ownar■ of each and ev~ry 1:pn any lot which ii at. laHt. four aorae ;;~uoh dwe 11 l.n9a an 11paaed ao that further tubdividin g of 1uch !!other lot within tha Survey, whether borderin9 on uid 11~ the applicable 9uidelinH of Article II above, :Petar10n Creek or not, a ten toot ftaaement alonq the aouth- . ,.,:1:Jot within . ' ;~ould be ac00mpll1hed in auch a manner aa to allow• minimum ~weatern b~nk of Peter1on Creak (otherwi■e known aa the bank ,,!; ~of I/qeid creak which ia oppoeite the exiating roadway) for 1 ~o~ 1ize of two aorea for ea~h dwelling, I ~I (bl No duplexa■ 1 condominium•, apartment complu11 , or i !oot: traffic and ua1 of the creek only, for the uae and ( ' i'. pl:her dual or multiple family unit1 may be conat:ruot.ed, No ~enjoyment of the ownere of each and every otner p11rael of ~- I !"°bile homH may be brought: to or plaoed upon any or the lot.s ;,1and within Hid property, l::aoh auch eaumant 1hall be ,!, ;within said property. All buildin91 ahall be deaignad to fit in ,_ aprurt.enant: in nature, all t.he right.a and obll9~t:ion11 I •l'?'!C:,H Of 1• 111 ..., 11/Hltit\• . · 1110~~,: : RUnD ~ ~,. Gllt;f l'aM~ -i- ..." ,,,...... r -n- '"". ,..• t .f11.!\Al1.f.c. J .tU"'.tUUI t,  ! "'( ' i'OuKJ3B .PAG~~aB JIIIIHU R«ardln1 l>fotncc atl:andant tti.reto to r,utt with t.ho land, 'l'ha owner■ ot each II ( !. 1\1\'1' IC LE IK UOl)K ~M. ,;,'1 - ~ JV ft4'jl!I lht•t•ll"8 Dl11rl,1 Packet Page 42 of 88 l.!General proviaiona. lot aha11 grant a permanent eaaement: far vehicular traffic '. A, Tarm., These oovanenta ore to run with tha land t:o the OW11are of each and every other lot along the now existing roadwa~ or any future replac■m■nt of aa.t.d ro1d 1 for th■ and 1hall be binding on all partlea en4 all peraon■ 1purpoH8 ot v1hi0Ull&' llCCIIO from Horth Dou9la1 ll19hway !tO . th■ olaimin9 und•~ them until auch tima aa 1ai4 covanenta I ara revoked by unanimolll conae'nt of thft 1h1r1ho1dere !Itwo northw■■ tnn moat ■ubdivbion• of ■aid real 'property, th■ 1 1urv■y and for in9rea1, agree,, utilitie• and incidental purpoaee, cf the Alloclation, >/( /Thie e&Hment: ill intended for 1ucb aoo■ao to eQch end every B, sntorcement, in the avant of a violation or 1ubdiv.t.1ion, and not intended t:o provide vehicular or other aoc111 l! breach of any of thea■ r■atriotions or covanant:a to the beach running a1on9 the northweat■rn end of the Survey, ) by an~ pareon or conca~n claimin9 by, through or 1 ,,said eaaem■nt: 1h111l be doemad an ■a■em■nt ,ippurt:anent, 1and obli9al:ion• thereto to run with the land, The roadway oJ.l ri;hte ■aid H111ment shall be maintllin■d by t:he AHociatton, !I ~ under any par~y or paraon claiming ownar■hlp of any of the land contained within aaid real property, l~ peadng through Native treea , ARTXCLB Vlll No lot may be cleared or more native their: euooee■or■, or 11ai9no, and the Aaaooiation or l:he lot ownare of record, or any ot t.ham 1aintly or 1averally shall have the right to proo■ad at law ~tr•~• than is ngc:e11ury in order to conatruot buU,Unt•, to or in aquity to compal compliano1 with thalr ttrma hereal t1onhance the view, or for th■ purpo11• of a yard or 9arden, or to prevent tha violation or braaoh ot any of them, 'j1n which event no more than on■ 1or1 of land may ba oleared ·'tor the purpoaea of ■ uoh yard or garden, 1t ia the purpoae ln addition to the foregoing, the J\a1ooiation, it■ of t:hie ■eoUon t.o prevant the unnec:,aaaary dOllt,ruoU.on or 1ucoeeson or aosJ.gna, ahall have tho right whenever !removal of native 'tr••• whic:,h provide privacy an4 aoenia thera 1hall have bean built or brou9hl: upon any lot, lbeauty1 it doH net pr11vent tM.nnln9 end pruning. The any atruotura which ia in violation of thaae covananta, l~o1ear1n9 ot n1tivo tree■ for the purpoaaa of enhanc:,lng to entat upon the property where 1uoh v1olat:1on ax~•ta '!t:h• view or ior the purposes of a1l:abliahin9 a yard or and oummarHy abato or remove the eama at: t:he expenae qardan area auti;ec:t. to tha approval of r.he ABOoaiat.ton, which of t:ha owner, such entir:y and abat■ment or removal I ,■hall r■ndtr approval only for the purpose• ex~r.eaat d in this 11ha1l not ba dea1nad a treupa■o . Th■ taUure to 1nforo1 :•orUole, and 1 when thu pur:poaH ate within the provhion• any rlqht, raaervation , reet:riotion or condition ,of this artiol1, th■ Aeaooiatian eh1ll deny approval only contained ln thi1 na~lar:ation, how•~•r lonq oontinufd, 0 I',·where ■aid cleadng .la viaible from 11ny of the other' late. ~'lia11 not be d■amad • waiver of the .dght t.o do 10 11 ,, I IJn tho •vont qt euch de11truotion or removft1 eKoapt •• ,tal:ed I! thereafter, aa r.o t:he ■ ama breach or ea to a braech 1! IIabove, the ropl11cemont and replanting or the aame. ehall be I ' ,. oocurin9 prlor to 0¥ 1ub■equ1nt: th1r1to and ahal1 !requirnd and tho cnnt11 th1u:eof thnU be born■ by the lot ,1 not bar or attaot 1nl/o'rc1menl:, ! }I ,I ;owner, I c, severabllity, Invalidation of any portion of 1 J' !I .•.., 11uoo ·" ... i1 (.,o .g. i.•w ar,101• n, ,Y, auus ~ nnnn il -JO- .•~•trt11'1''' •••11 '"" . ,un ••ru•••• 'i fttt.11, . , • .,,it, Ulltf j: ~ ..• , n.4 HO()k I ~ l'AGt!. 64(:) ,.\ IIOOK. 138 l'AOK-64:f '.' J■n,011 ltocudlnK U!mlct t:he■ e covenant■ by jud9fflent, decree or court order }-■Hn I Rer::ld-ta ·i,~ Packet Page 43 of 88 . 0-4 ! • ta Contite,/,?''tf . . ,a • eha11 in no wi11 attaot any of the other provi1io~• •• oont1ined therein, which ■hall remain in full force ·-y / ...;__ -ct· ·i J rJ. . /1/"l.__..,, s.r~·-·:?<'iH, =--• vifgfnji Brice- : and effect, II h tN WITNBBS W'HERE:OP, tbe owner and Purchaaora of the 11 -~ ~JLJ),w-vf, J, 11m:i. ti\ , 1•urvey have oau1ed thia in■trument to be axec~t•d and do ao II 1088.L ' 1 on the _ d:ay of _ _ _ _ _ _ _ _ _ , 19_, place their 'I Pk 1? &M><., P.IE•~ If. &:..--- I 119nature1 hereon, I ■ 1.•,:; - Ploor• lsTATE or ALASl<A I· > aa. OWNER1 IIFIJIST JUDICIAL DISTRICT ) '1 ) THIS 18 TO CERTXFY that e-e,,,.,~ , 1!17~, in '.ip's,-;---, th1a 11:.t:.... day or Ala■ka, bei!or• me-;; undersigned Noteryu fi1 in and for t:he r ,. 1.1, cn:oalt, PrBBide,tt~,rf . ,1:•. •:, •.;~~•• · stock , Grove, Inc, ~ ··if ~,\, •:•hri:, 1• • lstate of Alaska, duly oommi11ionad and sworn, personally ,!appeared Jetry E, Jtre111in, 1.orily Bdoe•Kreaein, llaymond F, :-: •:l~ ~ . ,'· ;;,; ' staaka, Connie s . staeka , Virginia H, Brice, Michael J. ISTA'l'E OF ALASKA i l. -:r'!>11.,, . ,~.~ 1·"' •;•~t.~··~ . ~., .~r." . llSmith and Peter X, Moore, to me known and known to me ~o !FIRS:!' Jl1DICIAL DISTllIC'l' ••• ,.,,,..:J,/l,11'•'' ,,' u •.\' '·:'••i1,, ,,~,.. ~•i} :,• jibe the pareone they represent themaelvea t:o be, t:he pars ons '••,:.!tin' . 1JV• 1 de■oribed in the fore9oin9 inetrument, and who aoknowled91d "' 11/1•11 UII• ' • .....& t o me that he signed t:he ■ lll!le freely and voluntarily t or _, THU IS TO CERTIFY that_;m thi1 dar of ' . /"f"V lthe uae1 and purpo1ea therein mantionGd, -.1/MliJII,.~ , 19Zf., in .7':4:!1r~i1 , A aaka, before m~ the unaer1iqned kotary PU Ilo In and tor the ;State ot Alaaka, duly oommiaaionad and ,worn, per1onally I,! WITNESS my h11nd and oft1oia1 eeal the mont:h, day and ,,iyear 1 . herein firat above w.titten . 'appeared R, D, Stock, to me known and known to me to be the per1on he repreaent1 himaalf to be, President of j,, :.......... stock, Grove, th• owner deecribed in tbe foregoing inetr\lfflant, .),_c...a. . ...1.:A..~ c.~~ ..~) and who acknowledged to ma that he signed ~,e same freely aad voluntarily tor the uee1 and purpoaa1 therein mentioned, ~<~·1,,01 ,_..,,. l, r ,•~~.!..:1.,:~!;•/>·. ·•,,.. '"') '•. . • .._ 0 Eary Pu61lo for Xluka I)•\ • beln9 fully authorized to do 10, : I: !'I' ,,, ~ •~ My Comminion Expira11i:::,b l!l 1 WITNESS my hand end oHicial aeal the month, day and i,.. 1. r·! ·:~::. -~·••.'.! .-~ i •, f., I • : 11 ij1ear herein first above written, '\ !~ •, :! '_,...., ~ .t~·.;.:-- '/ :·, ···.l.1·~•..:..·.:~f,;, /,;•;,; j: '•·•,,; :• \111· :......,: • . :;'· . ,I ~,,,,,.•,1,1 •:.••V \'• ·. 11,1 . ..•·..' :'''. .:c} ii ·~e1;t 1• /I . ;{;l,C.~ Pu61Io, staEe or Alaska 1 a.o 2 a~ My Commiasion Expires, '(--/•II '.1,J«e. R!'. ·...:i7rr. -~ ! 1' PURClll'ISORS 1 tffry "!fl Kre1a1n . 1• JA11. l6 1 1 2J~-~ .. , . ,,. 1! l ,_ , / , .._ •-JJ ' • ., , , ' JI 4••' ✓., I jj ..... --- !, tti~hk..ft?tce-rlaaa'i.n ~ . . , ,, ,....'I "'-• ~ .x*,· 1,' . t,<I -<t'd.... "4. l,AW • •,.,• • • •, ,,ourn • ,.uoo . HUI & 11111u•u 1111.11111 I ll !; Raymoifci ~. Sf.HU' -11- - ICl,r1~U o, Ull! 8 RUOD ' t\llU I 111', dt\ "mt1U J; -1~- <1••·•u1111t1111 I ~.'111 11r.AUH I I Htl tll•'f 1e ' I I ~III,. If••  Packet Page 44 of 88 A++,-Aekrne';Jr5. Offic ially Filed ORIGINAL 0 .1 \TL O.EtE.MBER 17, 1991 U.S. SURVEY No. 109 6 , ALA SKA 0 SUPPLEMENTAL PLAT Th!s supfll!IIM!ntaf plat of U.S. Survey (HDl'l!stead Entry Survey No. 75), No. liJ96 segre gatio n of U.S. Survey No. 1555showi ng the (Hcme s tead E:try Surve y No. 182) and t lle subdf vfsfo n of the r l!lliltn der of U.S. Survey No. 1096 fnto lots and 3, ,s b..self upon the plat of Towns 1, 2, ~outh . Range 66 Eas t , Copper Rive r hip 4 1 Alask a, accep ted Ju~e 14, 1990; the pl atNerfd t, 1, Survey No. 1096 (Koae sted Entry Surve of U.S. y No. 75) approved Aprtl 13, 1917. ,1nd the plat Surve y No. 1555 (Hoaestead Entry Surn of U.S. approved N.iy 29, 1925. y No. 182) , .I Acceptance of tllts S11rvey does not purpo trans fer any fnter est h1 suir.erged lands to rt to the State of Alaska fs entit led under the vhfch Footi ng Doctr i ne and Section 6(■; of the Equl . tateho od Act, P.L. 85-508, nutwfthstan Alaska use, tocat fon, or absence of ••nd er d1n9 the lfnes to depic t water bodie s. UNITt:D STATES DEPARMJff J 111£ IICTERIOR BUREAU IF lAIID MNAGEJIIEIIT Anchora ··• A?aslta Thfs sup pl-t al plat fs ba sed recor ds and, havtn g been correupon the offfc fal ctly pr!Jla red irt accordance wfth t he regul atfon s of this fs hereb y accep ted. Bureau.  Packet Page 45 of 88 ec. 19 Sec. 20 FRITZ COVE U.S. SURVEY No. 1096 (H,E.S. No. 7.51 I 3 75.38 ;ec. 30 Sec. 29 • --1 ..I - - t e f I I • t WIJIJI I "I I  Packet Page 46 of 88 ,·:,043ii'~~;:o80 •1 - 020.g?.u;c03· ,,~r.K Fen:, lS!.,0.9 (J=iy 1~831 m:ue 'iiniteb ~ta tr~ of::::.n,.g{merita ldJn1lia11: ~o :sll CD l;:bi;:m ~ z p~m ts t:b,111 RETURN TO : FnGI : Burea u of lam.I ~~~ 222 West 7th A"en uc. 113 AA-9205-C An::h oragc , PS. 99513 r AA-9 205- 0 SEALAS:<A co;:,;::0?_~::0 N ~NE_SEA!.ASKA PLAZ A SUl'f E 400 JUNE AU. ALAS KA 9380 1 WHE REA S Se::tlaska Corpor::.tion (3J of the A!ns ka Nativ e Claim s is entit led to a pate nt purs uant to Sec. 14(h} U.S.C . 1601 , 1613 (h)(3 }, and •.he Settl emen t Act of December lS, 1971 , 43 1979 , betw een the Secr etary of the Enb: mge Agre emen t. dated April 11, Corp orati on, and Goldbelt, Inter ior, the Secr etary of ~~fric ultur e, Seal aska 211 th.rough 230, in the June au Incor pomt ed, ncor d2d in Book 158, page s estat e reser ved to lhe Unit ed State s in Reco rding Distr ict, of the subsu rface surfa ce estat e in the following the herei nbelo w i,:!entified pate nt for tl-;..? ibed in IC Nos. -409, 581 and 813: descr ibed lands , a porti on of,vh ich are descr Pate nt No. 5 0 • 9 3 - 0 0 S S Lot 3, U.S. Surv ey No. 1096, Alas ka. ntal ph1t of U.S. Surv e·· Cont ainin g 75.38 a cres, as sbo\:--n on :;upp leme mL& 17. 1~91. No. 1096 , Alask a, officially filed Dcce Copp er Ri·;c r :'.kri dian, Alru;k.:i T . 3b S., R. 63 E., Sec. 17. lots 1 &nd 2: Sec. 21, lots 2, 3. and 4, S\Vt,:.SW~-.. of surve y offici ally filed Man :h 30, Cont ainin g 219.77 acres , as show n on r,lats 1987 a:.1d Janu ary !7, 1992. T 3'i $., R. 63 E., Sec. 12, :ots 1 to 6, indu sivc; Sec. 13, fots 1, 5, 15, 18, and 20, SE% NE¼ ; Sec. 24, lots 1 and 2. s11.""\·ey officially filed Mru-ch 30, Cont ainin g 448.3 3 acres , as shown on plats of 1987 and Jnnu ary 17, 1992. ~ .;-.. "-t... Dis tric t Rr·co rd in: ktcl tilie A Reco r~io g 50 -93 -00 84 ~ t,~twmJ ~ . . Packet Page 47 of 88 Fntthll(,().Q (hnua,y l~R) m:be ~lmttb ~tatts of ~mtrtta BOOY. OJ84 rAG£ 502 AA-9206-C AA-9205-D WHEREAS Goldbelt, Incorporated 801 W10th Street, Suite 300 .Tl1T\(!3ll, /1.K 99801 is enUlled to a patent pursuant to Sec. l4(h)(3) or the Alaska Native Claims Settlement .Act or l)ecembcr 18, 1971, 43 U.S.C. 1601, 1613(h)(3) and t.he Exchange J\greement., dntcd April 11, 1979, between the Secretary of I.he lnlcrior, t.he Secret.nry or Agriculture, Senlnska Corporation, and Goldbelt Jncorpornted, recorded in Book lli8, pages 211 through 230, in the ,Junenu Recording District, of t.he surface esfute.,. in t.he following described lands, which are described in ln~m Conveyance Nos. 244 and ,(08: 10 Lot 3, U.S. Survey No. 1096, Alaska. ·; 1)/'(010004 Conlninin~re.'I, as shown on supplemental plat. of U.S. Survey No. 1096, Alaska., officially filed December 17, 1991. ' Copper River Meridian, Alaska T . 36 S ., R. 63 E., Sec. 17, Jots 1 and 2;;_· Sec. 20, lots 3 and 4; · Sec. 21, lots 2; 3, and 4, SW¼SW¼. I Containing 230.17 acres, as shown on plats of survey officially filed March 30, 1987 and January 17, 1992. T. 37 S., R. 63 E., ~Sec. 1, lots 1, 2, and 3. E½NE¼; - Sec. 12, Jots 1 to 6, inclusive; - Sec. 13, lots 1, 5, 15, 18, and 20, S.U:¼NE¼; Sec. 2-., ' lots 1 and . 2. Containing 610.27 acres, as shown on plats of survey officially filed March 30, 1987 and January 17, 1992. 50-93-0033 rattnl Numbct--~·- - - - - -- .,  Packet Page 48 of 88 form 11160-9 (January 1988) m'.bt Wnittb ~tatts of %ln1trira 11:o 1111 lo wbom tbtit prt5tnl!r !ball co~t. 8rttling: AA-18004 NFCG WHEREAS State of Alaska is entitled to a Land Patent for th~ purposes of furthering the development of and expansion of communities, pursuant to Section 6(a) of the Alaska Statehood Act of July 7, 1958, .P ub. L. 85-508, 72 Stat. 339, as amended, for the following described lands: Lots 1 and 2, U.S. Survey No. 1096, Alaska, on Fritz Cove, near Outer Point, on northwest shore of Douglas Island. ' ·- Containing 28.93 acres, as shown on the supplemental plat of survey officially filed December 17i 1991. Copper River Meridian, Alaska . T . 41 S., R. 66 E., Sec. 17, lots 1, 2, and 3, SE¼NE¼, S~¼SW¼, SE¼; Sec. 18, lot 1; Sec. 19, lots 1 to 6, inclusive; Sec. 20, lot 1, NW¼, NW¼SW¼, E½SW¼; Sec. 28, W½SW¼; Sec. 29, lot 2, NE¼SW¼, .E½, NE¼NW¼; Sec. 32, E½NE¼; Sec. 33, NW¼, E½SW¼, NW¼SW¼, SW¼SE¼. Containing 1,693.47 acres as shown on plat of survey officially filed June 22, 1990. T . 42 S., R. 66 E ., Sec. 3, W½SW¼; Sec. 4, NE¼NW¼, W½NE¼, NW¼SE¼, SE¼NE¼, E½SE¼; Sec. 10, N½NW¼, SW¼NE¼, NE¼SE¼; Sec. 11, SW¼SW¼; Patent Number 5 O - 9 4- O Ol 5 --  20 03 -0 09 64 0- 0 Packet Page 49 of 88 Recording Dist: 101 -Jun eau - A 9/10/2003 10:1OAM Pages: 1 of 12 L ~ IIIIIIIHllllllll■lllll■IIIII A f<efw·n to : PL+~~c.Y\ C-r~"-. U1A./4°"'-\.'-<-:/s As..sYI. P. ct f3o'j;. 07- . iY.Z°"J J"'\,-w'ea(.t fl'< - 1 'JCf[.l)·z__ Pc~:sek~.i:l \?'O ~ p~ ~' \.4 ~ ~U /u: \.t\ ~~ /ts ~~L •C: :.;. ~ TI IIS CO VE R SH EE T HAS BE EN ADDED TO TH IS ·oo cU ME NT TO PR OV ID E SP AC E FO R TH E · RE CO RD IN G DATA. TI DS . CO VE R SH EE T AP PE AR S AS 'fH E FI RS T PA GE OF TH E DO CU ME NT IN 'I'HE OF FI CI AL PU BL IC RE CO RD . DO NO TD ET AC H  Packet Page 50 of 88 AGREEMENT AND DEED FOR PERPETUAL EASEMENT ·.' Agreement made this &/.ilt day of Sef1 ~Mbg,-20~ by and between Goldbelt, lncorporat~ an Alaska corporation whose address is 9097 Glacier Highway, Suite 200, Juneau, Alaska 99801 (..Goldbelt''); and the Peterson Creek Landowners Association, an Alaska non-profit corporation whose address is P.o: Box 021883, Juneau, Alaska 99802, and its individual members who own the dominant estate (herein collectively ''PCLA"). RECITALS: Goldbelt is the owner ofthe swface estate in certain real property located on Douglas Island within the boundaries of the City and Borough. of Juneau and located in the Juneau Recording District, First Judicial District, State ofAlaska. The individual members of PCLA are the owners of parcels ofreal property adjacent to the surface estate owned by Goldbelt The members of PCLA wish to obtain permanent and convenient access to their property by means of a perpetual easement over a portion ofGoldbelt's property. NOW, 1HEREFORE, in consideration of the sum of Ten Dollars and other good and val.ua}>le consideration. recei~t of which is hereby acknowledged, the parties agree as follows: I. Goldbelt hereby grants, bargains, sells, and conveys to PCLA a perpetual easement for ingress and egress for residential driveway purposes and any and all utilities over and across the following servient estate: U.S. Survey No. 1096, Lot 3; Alaska, as shown on supplemental plat of U.S. Survey No. 1096, Alaska, officially filed December 17. 1 991, located in the Juneau Recording District, First Judicial District, State of Alaska (the "'Property"). =2. The easeme'nt granted and conveyed consists of a right ofway 40 feet in width extending across portions ofthe Property. The precise location and dimensions ofthe easement are provided in the Plat of Roadway Easement 'Through a Portion of U.S. Survey No. 1096 attached to this Agreement as Exhibit A and made a part hereof. 3. The principal purposes of this easement are to provide ingress and egress for residential driveway purposes and any and all utilities to residential property owned by the members of PCLA and the easement granted by this deed is for the benefit of and appurtenant to the dominant tenement consisting of the following real property. U .S. Survey No. 1555, as shown on supplemental plat of U.S. Survey No. 1096, Alaska, officially filed D~ember 17, 1991, and its subdivision and legal description as reco::ded on Plat 78-25 W offi.ciaJly filed on September 6, 1978. Agreement and Deed for Perpetual Easement Page I of 10 11111111111111111111 ?nf 11.  Packet Page 51 of 88 4. The ac~ess.~4 I ~ pn the easement is a residential driveway to be used by members of Pct.A in·conjunction with their use and development of the aforedescnl>ed lands. Authorized use of the right of way shall extend to said members, their invitees, licensees, successors and assigns. 5. Any driveway constructed on the easement shall be constructed and maintained in good repair by PCT.A at its sole cost and expense. PCLA shall be solely responsible for compliance with any present or future governmental regulations or zoning requirements applicable to any driveway constructed on the easement. PCLA shall be liable for any taxes levied upon the Property as a result of the use ofthe easement or any improvements placed upon the easement. 6. PCLA, for itsel( its members. successors, assigns and any invitees or licensees, hereby warrants and agrees to protec4 defend, indemnify and hold Goldbelt harmless from any and all claims, liabilities, injuries and property damage ofwhatsoever nature which may be occasioned upon or arise in, on or about the easement, except to the extent any such matters arise from the activities or negligence of Goldbelt. PCLA shall take all reasonable steps to guard against the pqssibility ofpersonal injury, property damage and other claims. 7. PCLA agrees to pay Goldbelt the sum of$14~700 for this easement. 8. This easement may be extinguished only if the same party beco:~es owner of the dominant and servient estates, the PCLA releases the easement in favor of Goldbelt or the easement is abandoned by the PCLA. 9. This grant of easement shall run with the land and shall be binding on and shall inure to the benefit of the parties to this agreement, their respective heirs, successors, or assigns. 1n witness whereof. this deed and agreement have been executed on the dates indicated below. Agreement and Deed for Perpetual Easement Page2of 10 IIlllllllllll/11111 3of 12 ,,Al\4 AIIAltiA _._ -  Packet Page 52 of 88 PETERSON CREEK LANDOWNERS ASSOCIATION and its individual members Ange . Sandleben, President, < ~a~~ j ~;.]_ l David Bonk, member and individually member and individually ./ ~===~::-,..!.re----_(~y~~- -M_. ,_{.-:,AµCi....,___ (1·; ·<.!£?..,., .,.,- p.;;.~----­ f ea:FJiPJ·me Bo Maureen O'Campos, Boar~ and individually member and individually ......·, -l~~ enio O,Campos, ' Robert Wild, Secretary, member and individually -' ; member and individually 11~~,,1-l/ {t}~'t.// , Ann.Olson, her and individually member and individually Marlyn' Ols n, Vice President ~ ' member and individually member and individually (:J-rnri,4 ..:; ~ c _ Connie Staska, er and individually member and individually ACKNOWLEDGMENT Agreement and Deed for Perpetual Easement Page 3 of IO II1111111111111111111 A_, ◄ 'I  Variance Application U. S. Survey 1555 Packet Page 53 of 88 Page 10 2. Local Area Map. 3. Minutes from Planning and Zoning Commission Meetings on 9/26/1977 and 11/14/1977. Pertinent portions only. 4. Declaration and Establishment of Restrictive Covenents for U.S. Survey 1555, Juneau Recording District; Book 158, pages 630-641; January 18, 1978. 5. U.S. Survey No. 1096, Alaska, Supplemental Plat. Juneau Recording District, December 17, 1991. And patents t o lots within USS 1096 to Sealaska Corporation, GoJdbelt, Inc., and State of Alaska. 6. Agreement and Deed for Perpetual Easement (between Goldbelt and PCLA, pertinent portion), Juneau Recording District, 2003-009640-0, September 10, 2003 including Exhibit A. Amended Page 10 to correctly identify #2 and add Exhibit A ~16.. I, _1_ . ~ //I~· ID;1 ~7 Z£> I ./ ,- r I I I J~ft I 'f 11 l ' -/ v f Packet Page 54 of 88 I SOURC£J LJ.S.C.$. QUAD NN£AU s-a. s-J 1111.; VICINITY MAP SCALD ,._,MU 1V{ £ASQIPiT fQR d¢1 U/$7'[NQ RQAQtti1Y ~ CF:RT,4,JN TRACT or LANO l~7E'D 'M'l'HIN us SUR\i!'Y N(). 1096, COIIP/fJSINO A CORRJ()()R 0, UNO T't+ENTY FEET ON EACH $/OE Of A C£NTE1tJ.JN! 0£SCRIBED AS F'OLJ.Oj,S t SCALE: 1•■ 200 1 8talNHINQ Ar A POINT ON rnr COl,J>ION BOUNDARY Of 11$ SUR~ IDH (Hrs NO, ~) ANO tJ$ SURvFY NO. 155$ (HF:S NO, 182)1 SAID POINT B£ARS SdO~'W, 41.J.~ laT FROIJ COMER ~ TH£ MOST CAST'GRLY CORNrR OF US stlRWY NO. 16651 rHENC£ 518'~.,J'?. 5Jt,OJ fcET/ TH!HCE J64,60 ,ar ALONO TH£ MC OF A NON TAN«NTIAJ. CJ/RY[ T() TH£ LEFT, SA.JD am~ HA WNO A RA0/1)S OF' fSJ, 74 mr AH() A CENTRAL ANCI.E Of 1'J'411JB• (CHORD $5f$1'J8·t. J07.SB IEET)1 TH£NCE CONnNIIINO ON .,( NON TAHCiJ-lnAJ. COIJRst' N82'fl'rB-r. 67.IB f'U1': 'fH!HC£ Ni'J'JJ'OJ'£. l42, 1g FU11 THENCE N8S't)1'1S'E. 62.0J FEET lrlORE CR U:SS ro THE RrGHr Of WAY or 'fflc HORTH 0(J/J(l.A$ HIGHWAY, SJJD POINT 8£/N(J a:,Sl[T ac.o FtET TO mt RIGHT OF CENT!RUN! STAm)N ~lfa+d.lt. AND SfA.klNO N4B"Ol'l,4'W, 14141/.J ,ar fROIJ CQIP 1', TH! MOST EASTE:lfl. r CORHER, ·o,.- US StJR'£f NO. IOH. THIS G'aUf/DOR Of I.MO CONTAIN$ 4g,asu, SCUM£ mr, OR l,14 ACRIS. $ PRIMARY MONUMENr RECOVF:RtD str IJY s.L.M, EB PRIMARY MONUMEN r RSCO~RED se:r er o,o,r. · -..,.._,----- 1n r,,t ScoJ, 0 5001 Sl/B.£T 1D ~ &I IO'f1flCT/O# c, ~ r Pl.Al' Qf' ~CAOWAV ti'IS&MINT THAOIJOM A PQflTION OF' U.S. SURVEY No, 1096 L00A'l't0 ON OOUGL.AS ISL.ANO IN THE CITY ck BOROUOH OP' JUNEAU, AI.ASl<A .. , 00UOl..AS FINLEY LANO SURVEYINO  Packet Page 55 of 88 Holly Kveum From: Laura Boyce Sent: Monday, November 09, 2015 9:59 AM To: Holly Kveum Subject: FW: FW: Subdivision Revinew Committee agenda and materials for Tuesday, Nov. 10, 5 p.m. in CDD Large Conference Room Holly, Can you provide these to the SRC as well? Thank you, Laura From: Gretchen Keiser [mailto:gekeiser@gmail.com] Sent: Saturday, November 07, 2015 12:05 AM To: Laura Boyce; Jonathan Lange Cc: Ann & Marlyn Turner Olson; Jill Sandleben; Robert Wild Subject: Re: FW: Subdivision Revinew Committee agenda and materials for Tuesday, Nov. 10, 5 p.m. in CDD Large Conference Room Hi Laura & Jonathan - thanks for info provided to SRC. Please don't refer to our request as "Keiser Subdivision" as it's more than me. I'd rather not have my name attached to the subdivision. :-) It's Peterson Creek. A couple comments: 1- Peterson Creek is not an impaired water body, according to State DEC's List of Impaired Waters. I just checked it online. Juneau's impaired waters are Duck, Jordan, Lemon, Vanderbilt... Peterson Creek has no impairment. 2- The USS 1555 Restrictive Covenants prohibit more than one dwelling per lot, unless the lot is a minimum of 6 acres. (Article II - page 6; and Article IV page 7). So, nine lots of 3-4.8 acres in size would yield only 9 single family dwellings, plus acc apartments. I believe the covenants that run with the land override CBJ dimensional stds on allowable dwellings/parcel. See you Tuesday, Gretchen On Fri, Nov 6, 2015 at 4:11 PM, Laura Boyce <Laura.Boyce@juneau.org> wrote: Gretchen, Attached please find the SRC materials for Tuesday’s meeting. 1  Packet Page 56 of 88 See you then, Laura From: Laura Boyce Sent: Friday, November 06, 2015 4:11 PM To: Paul Voelckers; Dan Miller; Ben Haight Cc: Michael LeVine; Dennis Watson; Matt Bell; Michael Satre; Holly Kveum; Megan Daniels; Beth McKibben; Jill Maclean; Jonathan Lange; Greg Chaney Subject: Subdivision Revinew Committee agenda and materials for Tuesday, Nov. 10, 5 p.m. in CDD Large Conference Room Good afternoon, SRC Members, Attached please find the staff reports and attachments for Tuesday’s Subdivision Review Committee meeting. We will discuss the following items:  A proposed four-lot subdivision along Glacier Highway (MIP2015 0001) - Harris  A proposed street vacation along Vista Del Sol Drive (STV2015 0001) – Duran Construction LLC  A proposed nine-lot subdivision on North Douglas Highway (VAR2015 0031) – Peterson Creek Homeowners If you have any questions about this or need additional information, please let me know. Also, I know a number of the SRC members are not able to attend the meeting. If you wish to provide comments prior to the meeting, please email or call me. Also, if you’d like to call in for the meeting, let me know as well. I can be reached directly at 586-0753. Thank you, Laura Laura A. Boyce, AICP 2  Packet Page 57 of 88 Senior Planner City and Borough of Juneau 907.586.0753 laura.boyce@juneau.org 3  Packet Page 58 of 88 Community Development City & Borough of Juneau • Community Development 155 S. Seward Street • Juneau, AK 99801 (907) 586‐0715 Phone • (907) 586‐4529 Fax DATE: November 6, 2015 TO: Subdivision Review Committee FROM: Laura A. Boyce, AICP, Planner Community Development Department SUBJECT: Proposed street vacation for Vista Del Sol Subdivision (STV2015 0001) GENERAL INFORMATION Applicant: Duran Construction Company LLC Property Owner: City and Borough of Juneau Duran Construction Company LLC Legal Description: Lots 10 and 11, Vista Del Sol II Subdivision Parcel Code No.: 5‐B14‐0‐101‐021‐0 and 5‐B14‐0‐101‐021‐1 Zoning: D‐5 (Residential, 5 dwelling units per acre) Access: Vista Del Sol Drive Existing Land Use: Vacant Surrounding Land Use: North – D‐5, Vacant CBJ‐owned Land South – D‐15 and RR, Vacant Land, Glacier Highway East – D‐18, Currently vacant, but proposed for subdivision West – D‐5, Glacier Gardens Attachment: Application for STV2015 0001  Packet Page 59 of 88 Vicinity Map CBJ Lands Proposed portion of street to be vacat ed D-18 Proposed Subdivision 10 t ,,_ PROJECT DESCRIPTION The owners of Vista Del Sol LLC have requested a street vacation for the portion of Vista Del Sol Drive that abuts the currently vacant property to the east, owned by the Honsinger Family Limited Partnership. The applicant has requested a street vacation based upon the fact that the street provided connection to a similarly zoned property (D‐5) at the time the subdivision was approved and platted. The property has since been rezoned to D‐18 which, the applicants assert in their application, changes the nature of the proposed development that would share access on the road. For this reason, they propose a street vacation and re‐design of that section of the subdivision to include four lots where two are currently. CBJ owns land immediately north of the Vista Del Sol subdivision as well as the neighboring Honsinger land. Ideally, a connection to the approximately 730 acre property would open this D‐5 zoned property up for development. Staff supports denial of this request because it is inconsistent with the street connectivity requirements of Title 49, as well as the various Comprehensive Plan policies that pertain to it (see below). Additionally, the street connection requirement was discussed at both of the required plat public hearings. Staff and the Planning Commission reiterated that the street connectivity was required  Packet Page 60 of 88 as well as important for future development. However, staff would like input from the Subdivision Review Committee on the proposed street vacation as well as input regarding street connectivity. Please know that the application cannot move forward at this time because the application lacks the necessary signatures for processing. However, staff asks that the Subdivision Review Committee provide a recommendation regarding this request, as well any other options that might be considered. Staff would also like input regarding street connectivity in general. Title 49 Requirements, the Comprehensive Plan and Related Plan Policies The Land Use Code, Title 49, requires connecting streets into adjoining unsubdivided land: CBJ 49.35.210 (a) Subdivision street systems shall be designed for the most advantageous development of the entire neighborhood area and shall meet the following criteria: (1) The street system shall provide for connecting streets into adjoining unsubdivided lands. (2) Subdivision street systems shall be designed to maximize the number of connecting streets in a given area in order to reduce the volume of traffic and traffic delays on major streets (arterials and major collectors), to minimize bypass and through trips on residential streets, and to increase the number of local street connections facilitating safer bicycle and pedestrian travel. (3) Traffic calming should be taken into account in street layout and design. The Comprehensive Plan, the Area Wide Transportation Plan, and the Juneau Non‐Motorized Transportation Plan all call for a connecting street system. Such policies include the following: Comprehensive Plan: POLICY 8.5 TO PROMOTE A BALANCED, WELL‐INTEGRATED LOCAL MULTI‐MODAL SURFACE TRANSPORTATION SYSTEM THAT PROVIDES SAFE, CONVENIENT AND ENERGY‐EFFICIENT ACCESS AND TRANSPORT PEOPLE AND COMMODITIES. 8.5 – DG4 Minimize access roadways or driveways onto major and minor arterial roadways or highways by requiring shared access points, such as a frontage road, and connections to adjacent subdivisions’ roadways that lead to a “downstream” controlled or grade‐separated intersection. Area Wide Transportation Plan (AWTP): One of the six top priority transportation system improvements from the Area Wide Transportation Plan includes: (3) Develop Local Street Connections/Access Management. The AWTP seeks to develop local street connections between subdivisions and adjacent local or collector streets to maximize  Packet Page 61 of 88 connectivity and minimize local vehicle trips on principal roadways. Where feasible, connect streets for pedestrian, bicycle and vehicle use. Improve connections from neighborhoods to a regional (interconnected Borough‐wide) non‐motorized trail system. Juneau Non‐Motorized Transportation Plan: p. 27 New neighborhoods should have a highly connected street network. Cul‐de‐sacs are generally discouraged, but if they are necessary, bicycle and pedestrian connections should be provided to connect the ends of cul‐de‐sacs. p. 29 Juneau’s streets and neighborhoods are developed along the shore and the valleys between the mountains, Mendenhall Glacier and the Gastineau Channel. As a result, Juneau has a fairly linear layout which has both benefits and drawbacks to non‐motorized transportation. The lack of compact densities means that distances are further between neighborhoods and work areas. However, because of the limited number of possible routes, many of the developed areas of Juneau can be interconnected with a small number of facilities.  DEVELOPMEN T PERMIT APPL/CATION Packet Page 62 of 88 'l/1 s- Project Number I CITY and BOROUGH of JUNEAU I Date Received: ~// Project Name (Citv Staff to Assian Name) Project Desi;ription Street Vacation - a portion of Vista del Sol Drive ,.: ~8QPERTY LOCATION z Street Address I City/Zip 0 Vista del Sol Drive Juneau, AK 99801 - t- <( Legal Descrlptlon(s) of Parcel(s) (Subdivision, Survey, Block, Tract, Lot) Assessor's Parcel Number(s) 5 5Bit.\DIO\Ot.. 1D 1 ss·,y O , o·\ l;l..\' 0:: )iANDOWNER/ LESSEE 0 Property Owner's Name Contact Person: Work Phone: LL Duran Construction Companv, LLC Mar! ciano Duran 780-6161 -z Mailing Address PO Box 32634, Juneau, AK 99803 E-mail Address Home Phone: Fax Number: 780-6162 Other Contact Phone Number(s): duran@acsalaska.net LANDOWNER/ LESSEE CONSENT ••••Required for Planning Permits, not needed on Building/ Engineering Permits**** I am (we are) the owner(s)or lessee(s) of the property subject to this application and I (we) consent as follows: A. This appllcation for a land use or activity review for development on my (our) property is made with my complete understanding and permission. t- B. I~ ) grant permission for officials and employees of the City and Borough of Juneau to inspect my property as needed for purposes of this z <( X / p; a~ n/ ~ r;{ ; _ It 7:; -c.. 0 ...J ~ La, Owner/Lessee ~lure Date t I c.. X c::: Landowner/Lessee Signature Date <( - t- 0 NOTICE: The City and Borough of Juneau staff may need access to the subject property during regular business hours and will attempt to contact the landowner in addition to the formal consent given above. Further, members of the Planning Commission may visit the property before the scheduled public hearing date . w APPLICANT If the same as OWNER, write "SAME" and sign and date at X below -, Applicant's Name Contact Person: Work Phone: 0 Duran Construction Compay LLC Marciano Duran 780-6161 0:: Malling Address Home Phone: Fax Number: a. PO Box 32634, Juneau, AK 99803 780-6162 E-mail Address Other Contact Phone Number(s): duran@acsalaska.net ( I X (Al)~ ~ )?/; > I' ~ ppllcant's S1gnat!J&( Date of Application ' / ~ -0FFICE USE ONLY BELOW THIS LINE Date Received A llcatlon Number s Building/Grading Permit City/State Pro·ect Review and Ci Land Action Inquiry Case "' ...J <( Fee In Lieu, Letter of ZC, Use Not Listed Mining Case (Small, Lar e, Rural, Extraction, Exploration) > Sign Approval (If more than one, fill in all a licable permit #'s) 0 Subdivision 0:: (Minor, Ma"or, PUD, St. Vacation, t. Name Chan e ,--cc I a. Use Approval (Allowa · nal, Cottage Housing, 0. Mobile Home Parks, Accesso A artment <( Variance Case De Minimis and all other Variance case LL Wetlands LL Permits Zone Change <( A lication t­ Other u, (Describe ***Public Notice Si n Form filled out and in the file. Comments: Permit Intake Initials NOTE: DEVELOPMENT PERMIT APPLICATION FORMS MUST ACCOMPANY ALL OTHER COMMUNITY DEVELOPMENT DEPARTMENT APPLICATIONS l:\FORM!.\2n1n Annlir.:,tinn.<;  Packet Page 63 of 88 STREET VACATION APPLICATION Please attach a cover letter to fully explain the project if t h ere 1s not adequate space on t h"1s f orm. - Project Number Project Name (15 characters) Case Number Date Received STV 1,- -CC/ ~/IJ/1~ NAME OF RIGHT-OF-WAY TO BE VACATED: Vista del Sol Drive {a eortion of} Dimensions of right-of-way to be vacated: Width 50 feet Length 184 feet Total Area 9,200 square feet Total length of parcel lot lines fronting the right-of-way 376.72 feet DESCRIBE THE REASON(S) FOR THE STREET VACATION: A11h~ tim~ Vi§ta d~I $QI Subdivi~iQn Ws;!§ ge~ign~d. it wa§ antiQi12al~d th~ g~n~i~ Qf th~ ~!JrrQunding n~ighQQrhQQQ WQ!J IQ be the same (D-5). Given the QroQosed intensity of the adjacent develoQment is over three times denser (D-18)i the road creates traffic flow that wi ll diminish the value and design created in Vista de Sol Subdivision. 1- z<( EXISTING USE OF SUBJECT RIGHT-OF-WAY: u :J Vacant land '·:&. <( w :c I- ~ 0 w PROPOSED USE OF SUBJECT RIGHT-OF-WAY: ' tu _J Residential lots Cl::· ~ 0 u w al 0 I- APPLICANTS PLEASE NOTE: Attached is a petition that must be completely filled out in order for the application to be complete. If any information is missing on the petition, the application will not be reviewed by Community Development Staff or scheduled for a Public Hearing. If the property owners involved in the petition do not own at least 50% of all property fronting . the Right-of-Way to be vacated, the application will not be accepted. For more information regarding the SUBDIVISION/PLATTING FEES permitting process and the submittals required for a complete application, please see the reverse side. Application Fees Pub. Not. Sign Fee Fees sSDD.g2 sSO.~ Check No. /(11 3_ cM~ 'fllo/,5 If you need any assistance fi lling out Pub. Not. Sign Deposit $ (00 . 0 0 this form, please contact the Permit Center at 586-0770. Total Fee $~ 5 0 .9 .Q NOTE: MUST BE ACCOMPANIED BY DEVELOPMENT PERMIT APPLICATION FORM Revised March 17, 2011- /:\FORMS\Applications _ Page 1 of3  PROPERTY OWNERS ADJACENT TO PROPERTY TO BE VACATED I am (we are) the owner(s) of the property subject to this application and I (we) consent as follows: A. This application for a Street Vacation review adjacent to my (our) property is made with my (our) complete understanding and permission. B. I (we) grant permission for officials and employees of the City and Borough of Juneau to inspect my property as needed for purposes of this application. Landowner's Signature Landowner's Name Street Address Length of Frontage Percentage of Total - {Printed) ::Yo~ 4-L- C) ~~ Along Right-of-Way Frontage ·---:::;..,- ~/h<D'--. II ..ft<DA(ll/) ~+.(t'tli- ,' 7643 U1s-kdu s·u/ ~ . /&3 .;J.~ l/3 ~10 ''-J/ , *-~lllk-fl-- -I- - 7550 V1s:kck.1SolDr. o- L 3 ·· L/7 ~7°/o \J Packet Page 64 of 88 I oo c{o Total Percent of Frontage along Right-of-Way Proposed to be Vacated by this Petition Page 3 of3  T&N ENG. MONUMENT RECOVERED THIS SURVEY ·ct•~ DOT MONUMENT IN CASING RECOVERED THIS SURVEY I ~~ MONUMENT RECOVERED THIS SURVEY . JW BEAN RY MONUMENT SET THIS SURVEY BY J.W. BEAN "'""""',_,_~!8,. --- s,.. , ' l _s.,._.,. ~1AO --...:: LOTT 2 -~8JJ_o8'J,":/o<'l: ~sa,,-·"":io ~••~ . 2-w 5\4,79' - \_::: ~- :\>· A• 2; ,~ .'·:·~ ' :·~ . RY JW BEAN MONUMENT RECOVERED THIS SURVEY ~ : ~~W~- G~~l"ER ~~~w:Y CENTERLINE AS PER ..__·: . --- ia~.~~,3.;,.,, (~~~ 9~~J~0-6) ,; - SURVEYED - - UNSURVEYED GLACIER HIGHWAY - - - CENTERLINE SURVEY TIE LINE EASEMENT i1:"i:i• DRAINAGE EASEMENT ~ CURVE_ T"!!_LE N.T.S. ,,)~[,!:;fL,-§' CURVE I !)ELTA RADIUS I ~c LENGTH CHORD B™lli9 & Olfil'~C_E Cl l,gg:~rn= R) 30.0a I H ,82 N51'23'34"E 40.79 ' g~ I trn:~~: 77.00 ioo.oo 56.52 eo,41 ..tW..'.Q.1.'.i ~"'-"'-!,'03•£ ..a.a "Q _4Q ' EGAN ORM: g:cs 1_mrn: I 25.00 25.00 38.02 IT.OJ ~ ~A!\"'1Q' 24-W 20.41' T'll'ICAL SECONDARY MON. C7 51'2&'!19" I 86"JI '57" 50.00 50.00 44.90 75.51 - NST44'34"E illl' ;;i4;E~Of/~C CAP S43'1 5'5S"E 6§.~4' ca 1 ~"'-" ' " '" 50.00 75.52 S!J:lo'_!!_!"W sss' ""--... --...... .-..._ __-.r-·'- C9 I 51"26'55" 50.00 44.90 N6T44~ il,40' -.. _ __ __ _,.,,-,-., \ ~~~ I :~~o:!~: 25.00 21.03 ~ ..lM.!.'. ,. 2011 - 1e c1 2 25.00 317.07 42.52 N ~'J&"E 3L~' -- I I 2'.½Q'1 ' " 14.77 ~"W 14.77' g:~I '~m VICINITY MAP ~ENSIONS DIFFERENT FROM MEASURED OR 317.07 73.6J ) DIMENSIONS ARE SHOWN IN PARENTHESIS. ALL !ill'.ill!DI. 1M1.'. INFORMATION THIS SURVEY FROM PLAT NO. 95-56 317.07 40.52 N2T04'57"W 40.50' SOURCE: C.B.J. BASEMAP SERIES (M-1 , M-4, M-5) - DEL SOL SUBDMSION, PHASE I, PLAT NO. 2011-16 015 I 1.2'_01'.!•" 178.J3 37.43 n·· JUI' HERWISE NOTED. Cl e 178.33 71.04 ·u 1.MZ' C1 7 I ! 178,33 40.39 OF BEARING CIS I : 105.00 105.46 lEARING FOR THIS PLAT IS THE RECORD BEARING OF >M A FOUND J" ALUMINUM MONUMENT BEING THE m 55,QO 55,14 CORNER OF LOT 5, TRACT B, U.S. SURVEY NO. 1568 C20 12e.3J JJ.aa 10 J" ALUMINUM MONUMENT BEING THE NORTHEAST 'ffi 'i2i.'S3 n2i ' LOT 5, TRACT B, U.S. SURVEY NO. 1568 AS SHOWN 022 I 1 JS7.07 77.20 tS < ) PLAT NO. 95-56. 'JL. c,.. C23 I 11'1!' 387.07 72.06 .u:_o_i' RATE OWNERSH IP CERTIFICATE · 024 I 34•3e'3:z_• 50.00 30.20 '!•' 29 .:Z.- ' 'g ~. C25 127.00 80.65 :il.'.i-Y. LO CERTIFY THAT DURAN CONSTRUCTION CO. LLC IS THE OWNER OF THE C26 I 42'0J'22" 102.00 74T7 l'0J'4l "W li .23, R SHOWN AND DESCRIBED HEREON AND THAT I AS MANAGER/ t.CEMBER c21 I 3!'-'6'., 7" 75.00 45.JO >OPT THIS PLAT OF SUBDIVISION WITH t.CY FREE CONSENT, ANO Ill STREETS, Al.LEYS, WALKS , PARKS AND OTHER OPEN SPACES TO g~: I ~: J42.07 139.10 m:oo i'OJ "E :.u:w. ~ ­ 4!,_ ~ PRIVATE USE AS NOTED: 15J.3J 49' 42 "E ill z.t> ,.. ,.,.(_.,-......____ 030 I 5n2'!!!_" 80.00 80.J 5 ,;f'.]-.<:t,, J " ALUMINUM MONUMENT J" ALUMlt ilis ,;._-_,. . 1'13'JO"W lli g;~I ~------ 2012 25.00 21.J7 1"W ,1·· iil~:57• 50.00 16.76 1'05 "E .llWJL....X .Ql ~;! I ; ::22r 50.00 '5o.oo 30.0 1 i.'.Z!.i!.:W. ,,\-:.·. ( JO.CO ~ CJ5 I ~•• 50.00 30.04 .Z~'J_i'22"W oo JZ47] , ACKNOWLEDGMENT· C3 6 I 45'21.'< 50.00 J9.66 ' 49'17"W ATES OF AMERICA ) ) S.S. ~;~ I 1~$t· 50.00 25.00 42.52 21T1 ~ !1'47'05"W ¾ )~:IN THAT ON ~HIS ~ DAY OF J'ufL , 20 12 E THE UNDERSIGNED, A NOTARY PUBLIC IN ANO FOR THE STATE OF' ULY COMt.CISSIONED AND SWORN, PERSONALLY APPEARED \;'.:'£" ~;,:, 3• Al.UI G. DURAN, MANAGER/ t.lEMBER OWN TO BE THE PERSON DESCRIBED IN AND WHO EXECUTED THE ) FOREGOING INSTRUMENT, AND ACKNOWLEDGED TO ME THAT THEY 10 SEAl.£0 THE SAi.iE FREELY AND VOLUNTARILY FOR THE USES CUM f DELTA EASEMENT O.JRVE TABLE AAOIUS NIC LENGTH CHORD BE:AA:NG " OISTANC E ; OSES THEREIN MENTIONED. C39 020-s2'3g• 50.oo· 1e.22 · s,a,e·•s-w 1e.12· IV HAND AND OFflCIAI. SEAL THE DAY AND YEAR IN THIS CERTIFICATE EN. Notary Public for A101ka T :::W,.... '7'2-t. My Cammln lan Expire, _ _.3~(~a1'+-(u1L~---- ~G COMM ISSION CERTIFICATE OF APPROVAL : ERTIFY THAT THE PLAT SHOWN HEREON HAS BEEN FOUND TO COMPLY NOTES: 3UBDM SION REGULATIONS OF THE CITY AND BOROUGH OF JUNEAU, D PLAT HAS BEEN APPROVED BY THE PLANNING COMt.llSSION BY PLAT 1 5! I . ALL PLAT BEARINGS SHOWN ARE TRUE BEARINC ORIENTED TO THE BASIS OF BEARINGS. ~~OPLA1~to~ 1 ~ER~~~ HAS 0 'AP~~D ~l~ 0 RECOR01rfu ~~-1tfR ! 2. ALL DISTANCES SHOWN ARE REOU CEO TO HORI: G ; OF THE 04STRICT RECORDING omcE, JUNEAU. ALASKA. L 1?:, ,_ , 2012. ~ .J_ e, 3. IF VISTA DEL SOL DRIVE IS EXTrNDEO TO THE CONSTRUCTED TO CBJ STANDARDS, AND ACCEPl BY CBJ PUBLIC WORKS, PORTIONS OF THE CUL RIGHT-OF-WAY MAY BE VACATED THROUGH AN ::::::> ~ CHAIRMAN & BOROUGH PLANNING OF JUNEAU COMMISSION SUBOMSION PROCESS. 4, DOMESTIC WATER AND SANITARY SEWER OISPDS~ :,j~ BY THE CITY ANO BOROUGH OF JUNEAU PUBLIC ROUGH OF JUNEAU , . VISTA DEL SOL SUBOMSION PHASE I ACCESS A -;,/;:::: Packet Page 65 of 88 U11AM1a,I0.1 ~:: (J.,c,./r CIJ1" VACATED THIS PLAT ANO OEOICATEO AS RIGHT-< : .,__::;"':: ·:.i-'- 'ATE Of REGISTERED LAND SURVEYOR PLAT OF : ERTIFY THAT I AM A PROFESSIONAL LANO SURVEYOR, REGISTERED IN 1 OF ALASKA, ANO THAT THIS PLAT REPRESENTS A SURVEY MADE BY VISTA DEL SOL SUE ~ER MY DIRECT SUPERVISION, THAT THE ACCURACY OF THE SURVEY IS LIMITS REQUIIIEO BY TITLE 4, COMMUNITY DEVELOPMENT REGULATIONS I PHASE 11 49 OF THE CODE OF THE CITY ANO BOROUGH OF JUNEAU, THAT ALL II. ~D RELATIVE 11£ARINGS ARE CORRECT ANO THAT MONUMENTS ARE I A SUBOMSION OF LOT 1, VISTA DEL ,,,, ·," ~ i :,~If:fr'~~ 1CE ANO NOTED UPON THIS PLAT AS PRESENTED. ., :J.7.,~11._ .I. SUBDIVISION PHA : : WITHIN U.S. SURVEY NC L _,_ - ! 'i .'.ilir■ l ?·~•..-· ~~ CITY & BOROUGH OF JUNEJI :·:~ ~ Q:tw: BEANINC. EAST 3.44' JUNEAU RECORDING DI~ - ~ __j_ ~ ~ ~'-f..:,: IO·!:,;;.iF"J '0 PROF"ESS I ONAL SURVEYOR 1070 ARCTIC Cl~CLE J~"o'?f ,ea~~ 50 ' 100· ------ •_;r-- - - .~ !) • - - 585'J~7•• SEE OU•- - DURAN CONSTRUCTION CO. LLC PO BOX J26J4 JW BEAi PROFES! ='l}i<t. _L_ _ _ __ JUNEAU, ALASKA 991103 1070 />J Scale in feet _.:\I",.. ,Y SURVEYOR - PLANNER SCALE: 1"•50' FM-0955(J) (PLAT NO. 90-8) I GLAcieii-HIGHWAV- - SHEET 1 OF 1 JUNEAU, r SCALE: 1"•50' DATE: 6- 27- 2012 PROJ: 875 1  .LEGEml ffi Pfflw.RY T&:U £tl0. MOHUMEffl RECOV£R£0 'THIS SURVEY P~ GS{!_ cL ~'i:. @I PRIUAR'f umruurm RECOVOE> IHIS SURVE:Y 3" Al.lJM, JW BEm • SECONDMlY L!OtmMOO s"tr THIS SURVEY BY J.w. &NI 0 SEC0NOARY JW arm II0Nl/UEIII RECOVl'.RO> THIS SUIM:Y _,..,. ,...­ ----SUIM:YE0 - - - -Ul-lS\JRVEYEO A - --CEffJERUM( 'eo/ - - - - StlfiVE'I' 11£ UNC - - - LOT UN'E VACATED ----EASo.tCtff TYPICAL 5£COHOARY I.IOU. 2'"' Al.lJU!ltUU CAP 5/6" RE!!AR, 36" l.OHG . _.i·./;. ~-:.';:.,. : ORAIUAGE. EASEMENT BASIS PE BEARING 8ASlS Of Sf.ARING FOR lKS PLAT IS ntE RECORD DEARING Of -< ~~~vrDE HOAlt-i FROM A FOUt,O Y AUJ-J.tlNUM J.fONUU£f.lT BEit-JG THE SOUiHEAST CORHER Of lOT 5, lRACT D, US SUfiVEY PIO. 156a 10 A FOUND .r AUJMIHUf.t MONUMENT ecmo TH£ HORlHE:AST CORNER Of' LOl 5. TR.ACT 8, U.S. SURVEY NO. 15156 AS SHOWN ,,",,;{:~,~:?,''' I _,. ,. _...- "'\\ _,..,. LCT 12 rn,s SURVEY OH RECORD PLAT H!l. 95-58. J,,..- ---=:::.-----1 ..- I LCT 13 \ \ ./· VICINllY MAP Ol/RCE: C.B.J. BASEIMP SERIES (M-1, M-4, M-5) - SCALE: 1 • g 400' I \ _./ / I I El<ISTOIG DRIJNAGE EASDIOIT :x·--<.. . _. ~. - . • ·;. -~ "- -<"~.,,-, , ~' 7 ls_~ L - -✓:;::-- IJHE TABLE ,._ 1 r . -· r 1• . .. CQRPQRAJE QWNfRSHIP GfBilflGAJE• /f.- - ct I UNE f Oll!tcllOH l.EIIClll I HtREBY CERTIF'f' TI~T DURAN COHSTRUCTJOH CO. ll.C IS THE OWUER Of lHE PROP£RIY SHOW!l N-lll 0£SCIUBEO HEREOII N-lll 1li'IT I AS LWIAGER/ U£M8ER l.1 S22"31'24'W 26.05 - I ' ,--- LC"" ~tt '-, \ / , ~ =..- " _tjEREiJ't ADOPT THIS PLAT or SOaOMSIOtt WIIH MY FR££ COHSEHT, ANO _prn«:ATE AU smrns. AU.EYS, WAl.KS, PAAKS AHO OlHEfl OFEN SPACES TO PUDUC on l'flr/ATE USE AS NultO: D a l • - - - - ~ 2015 L2 Ll N15'03'o5"E Sl4"'17'31'W 21.06 20.31 1// ''"''''.\/ -;-=:-,.:~\_. -· _;, ;;,J tf-:_ _ -~'""--- - -I : QI Ii "t' ' LOT 8 J .. AUJMUIUIA MOtWUDfT .Dmll...'.'A: J" AUJU!Nl.11.l l.tOHUJ.1£Nf .l!fJAILll: ,1,,., Lor 10 //i // ,: --;!.,, •• CURVE TM!LE UARCWlO G. DURAN CU1M I r~[S t 1~ oo.JA RAD!USIAIIC tENGTHICHOOO - & DISTAi«:£ t.W<.IGER/ ll!lll!tll NOTARY AC!<NQWI f PGMfNT· Cl 36"-4-1'◄ £" se.oo· I 32.07' I NW28'0B"W 31.52' I ,/ £ASEUEUl f J UIIIIEIJ SlATl:S or AIJO,,CA ) se.oo· 30.00' N36'01'5l'W 29"55' SIATE Of AUSM ) S.S. ) CZ C3 34"22'39" 3472•39• se.oo· 30.ll0' 1171T24'30'W 29.55' ~----- :::o~ 1?t 1~11t1,J~J1cW:O~H;_S Cl 34•22•39• 50.00' JO.oo• S75'12'S1'W 29.55' N-0-TWtr-PU:~ ~i-c,,=,o-=rOR=-=TH!:=-=st=Arti1r ! AND sw::>RH, PERSOIW.LY APr'f.AAO) Al.ASt<A. 011\.Y COMWSSK)NEP LOT 16 I MAACWIO G, OUM!~ ww.otR/ W:UStR TO Lt£ KNOWN lO GE THE PERSCH DESCRO:.O u, ANO WHO EXECUTED lHE I I A90VE ANO fOR£COITTG Jt.,,"SfRUUOIT, AND I.CKH0\\1.EDGED TO U:E lHAT TH:::Y stGNEt> AHD S£ALED THE SAME FREELV }JJO VOUJITTAFULY FOR THE usrs AHO PURPOSES 1HERE11'-I f.JEtlJIONO>. ., I Wfltl£SS Mf KAUO ANO omctAL SE'.Al THE: DAV ANO Y£J.R ltl THiS CERltflCATE FIRST ABOVE WRm£N. Hutcny Publir forAto:ika _ _ _ _ _ __ j~-\~-~-'./~ <; ... ~t-l' ~ ':>.,~ ' i ,,tt'\;c; ";:;,, --- Uy Commh;,ion &pkH - - - - - - - El ANNING CQMMISSIQN CERJJFJCAJE Of AP PBPYAJ ✓-- <) '\. I fiEREB'f C£RilFY rnA.T THE Pl.A,T SHOWU H£REO~ HAS BE.EH FOUND TO COUPl't / ~ '\. I iii ~ or Wfll-1 lliE SUBDMSIOU REGULATIONS or IB[ COY AHO 0080UCH JUHEAU, ALASKA SAID Pl.AT 1-Wi 9££H APPROVED B"t lHE Pt.ANNING COMMtSSlOh BY PLAT 1 : ::. \~;:~; :_: ;~· ,.: '-.d'o \ I jI ~%~~:1PLAT SHOWN HEREON ws ~m1=APPRO'F..O FOR ,u:coR01t: ~· .. ' .....__? I THE OrfJCE Of lHE 05JRICf RrcoROINC OFFlCE, JU»r.MJ, ALASAA. :__:.':: ;\:__:_. \ <)~ \ . . _rt~ . . ~. DATED· , 2015'. 1-.r,:.;1 ,:';.. ,·· oosn•c ,o·~\ :;,~ \ I j ATI£ST: CI-WtU.tAN :;_-•,:·~: \ ~i k ', \ CITY & l!OROUGH or JUH£AU PLANNING OOMJJtSSIOH _ _ _ I pr\•"·:,-· EASEUttlT ) ) ----- CWlK CfTY & BOROUGH OF' JUMEAU ---- - r ~- - - ----o--/ :,•AUJU.UOll ----- - ---- ~ - - T&U~- PlAT OF CEBDE!GAIE OE BEGISJfBEP IANP SURVEYOR - --L_ SEE DETAIL "ll" VISTA DEL SOL SUBDIVISION I HtREEY CERTlfY THAT f Mt A PROfESSotW. WlO SURVEYOR. REGtSTERED JH me STATE Of A1ASKA. AND WAT lHIS PLAT REPRESEWS A SURVEY MAD£ 8'f --HiafiWAY - GLACIER - - - J__ _ _ __ Iii PHASE Ill J,{£ OR UNO£R UY D!RtcT SUPEfMSION. THAT THE M:CUfViCY OF lliE SUiMX lS A Rfl>IAT OF Packet Page 66 of 88 WlllUH 1Hf UlllTS REOUIRO> 81 mu: 4, COt.lMl/llflY llMUJPMtllT REGUIATJOIIS .f:lQ]E.S; LOTS 10 ANO 11 ANO VACATION OF THE AUD TJf1.E 49 OF THE CODE OF' iffE CITY ANO EOROUGH Of JUN£All. THU All. DWE.HSl0HAL Nj() :iEL\tlVE SEIJUNCS AR£ CORRECT AND llV.l Lt0NUJ.n:ms ARE 1. AU. PLAT etARtuCS SHCwtl ARE Tm.IE 6t.AA!HGS AS NORTHLY ENO OF VISTA DEL SOL DRIVE SET IN PU.CE NIO N01£0 UPOII THIS PlAT "5 PRESEHTtO. CRIDflro TO lHE BAS~ OF BEAfUt-ns. SUBDIVISION PHASE II l.. ALL C8AtlC£5 SHCWft AA£ RtOJCED TC,. 1-fOR:IZOHl>-t. WITHIN U,S, SURVEY NO. 1668 J, Ir YGTA Df:l SOL ORM:: l:i OOEU0EO tc lHE AOJACOO PROPERTY~ CONSTRJctED TO CB~ STANOAAOS, AHD ACCEPTED FDR WJNT£WJ.1Ct CITY & BOROUGH OF JUNEAU, ALASKA BY :w PtJBU: WORK:, FORTIOUS C-f lliE. CUl OE SAC JUNEAU RECORDING DISTRICT Am-ff-Of-WAY MAY EE VACATE£ lHR0UGH AH APPROPRIA.1£ ~'!d!i~L!!lU~~ '" S08tMSICN PROCESS. .llli!llJlli, .5IJIMlQR; DURAii CONSTRUCTION CO, LLC JW BEAN, INC• 4. tlOt.iESTIC WATER AHO 5AlnTAA't SEWER OJSPOSAL PROVIDED PROfESSIONAL SUR'/EYOR 40• 0 BC 8Y TNE CITY Alm BOliO\IGH vr JJ~E/\'J PUBUC l/11IJTlE5 Po eox J263'4 1070 AACllC CIRCU: JUN.EAU. A!.ASKA 99803 ,., 'Ji1~ MC!_IC~£ Scale in feel !. DH: Ott LDT STOnl.tWAlEll RJHt Ff Ol'WUI.GE IS ACCEPTABLE AS EXISTS DEIWEEN THE PLA11£D le-TS c,r THlS SV8DlVIS1N4 NID MAY NOT Bf MOOlflEO IJHL.£5S PEfiMITT£0 BY JUN!MJ,f;V.SKA99H01 (ea'?f109-o:,110 'ft/ SURVEYOR - Pl.AHNER SCA1.E: 1•.40• ;o., £11GITTtautro PJRSUAflT TC CtW'Tt!t HJ,12.120.1 DESl UAJIAGEIJDlT PRACTICES, SCJ.l.E: 1•.40• OAlE: 7•06-2015 SHEET 1 OF 1 ~ ..... PROJ: B73t-CASA-0fl-SOL-Pttl  Packet Page 67 of 88 Community Development City & Borough of Juneau • Community Development 155 S. Seward Street • Juneau, AK 99801 (907) 586‐0715 Phone • (907) 586‐4529 Fax DATE: November 6, 2015 TO: Subdivision Review Committee FROM: Jill Maclean, Planner Community Development Department FILE NO.: MIP2015 0001 PROPOSAL: A Preliminary Plat for a 4‐lot minor subdivision at 7400 Glacier Highway GENERAL INFORMATION Applicant: Richard Harris Property Owner: Honsinger Family Limited Partnership and TKP LLC Legal Description: U.S. Survey 1568 Parcel Code No.: 5‐B14‐0‐101‐001‐0 Site Size: 20.37 acres Zoning: D‐18 Access: Glacier Highway Existing Land Use: Vacant Land Surrounding Land Use: North – D5, CBJ‐owned Vacant Land South – D15, Vacant Land and RR owned by Bricknell East – D5, Vacant Land, Alaska Mental Health Trust West – D5, Vista Del Sol Subdivision  Packet Page 68 of 88 PROJECT DESCRIPTION The applicant is requesting preliminary plat approval for a 4‐lot minor subdivision of U.S.S. 1568 – 7400 Glacier Highway (Attachment A). The property was rezoned from D‐5 to D‐18 and is located off Glacier Highway across from the airport. The D‐18 zoning district is intended to accommodate primarily multi‐family development at a density of 18 units per acre, including midrise‐type development. The parcel is approximately 851 feet wide and 1300 feet deep. Throughout the parcel, there are elements of the property that may limit the design and layout of future lots, such as wetlands. ANALYSIS Per CBJ§49.15.460 Design, staff is required to evaluate all minor subdivisions according to the following: 49.15.424 ‐ Access. (a) Principal access to the subdivision. Except as provided below, the department shall designate one right‐of‐ way as principal access to the entire subdivision. Such access, if not already accepted for public maintenance, shall be improved to the applicable standards for public acceptance and maintenance. It shall be the responsibility of the subdivider to pay the cost of the right‐of‐way improvements. (b) Publicly maintained access within a subdivision. Unless otherwise provided, all lots must either have direct and practical access to, and a minimum of 30 feet of frontage on, the right‐of‐way, or the minimum lot width for the zoning district or use as provided in CBJ 49.25.400. These requirements for frontage and access can be accomplished by: (1) Dedication of a new right‐of‐way with construction of the street to public standards. This street must connect to an existing publicly maintained street; (2) Use of an existing publicly maintained street; (3) Upgrading the roadway within an existing right‐of‐way to public street standards. This existing right‐ of‐way must be connected to another publically maintained street; or (4) A combination of the above. 49.35.210 ‐ Street system. Modified (a) [In general.] Subdivision street systems shall be designed for the most advantageous development of the entire neighborhood area and shall meet the following criteria: (1) The street system shall provide for connecting streets into adjoining unsubdivided lands. (2) Subdivision street systems shall be designed to maximize the number of connecting streets in a given area in order to reduce the volume of traffic and traffic delays on major streets (arterials and major collectors), to minimize bypass and through trips on residential streets, and to increase the number of local street connections facilitating safer bicycle and pedestrian travel. (3) Traffic calming should be taken into account in street layout and design. Additionally, in an October 2, 2015 email from Joe Buck at the Department of Transportation and Public Facilities, he states: “CBJ laid out the access road to the new PW facility at 7‐mile Old Glacier Highway with the intent of it being upgraded in the future to a public street to serve as access to the adjacent double tier of lots owned by Alaska Mental Health Trust (AMHT), US Survey 3259 Lots 33 through 53. Lot 42 of the AMHT lands is just to the east of the large Honsinger property that Mr. Harris is looking to subdivide. The old  Packet Page 69 of 88 development plan was for there to be three roads coming off the mountainside onto Glacier Highway; one at approximately the Vista Del Sol location, one through Lot 42, and one at the CBJ PW facility access road. This access road arrangement would space out the major intersections along Old Glacier Highway and would facilitate development of both the private and public lands on the south facing slope of Heitzelman Ridge. Who knows how the development will actually work out, but that is what was discussed starting sometime in the mid‐1980’s and continued through 2011 when I left the CBJ. The upper terminus of the Vista Del Sol Street is perfectly aligned to provides the necessary cross slope road alignment through the upper portion of the Honsinger property and through the center of the AMHT properties to the CBJ PW Facility access road. At this point I think it would be a mistake to consider vacation of the street between Lots 10 and 11 of Vista Del Sol because of this needed future access. I should think that Mr. Harris should approach AMHT about constructing a street up the hill though Lot 42 and then doing loops through the Honsinger property instead of cul‐de‐sacs; better street design for emergency response, snow plowing and maintenance, and for utility configurations.” ISSUES: CDD Staff has concerns regarding the proposed subdivision. Therefore, staff is requesting guidance from the Subdivision Review Committee concerning these items. Following is a short list of these concerns and various perspectives on each: 1. Frontage & Access – a. The proposed lots do not have access from a publically maintained right‐of‐way. A variance is needed, which was not submitted with the application. b. The preliminary plat utilizes access off an unconstructed street (Vista Del Sol), which has not been accepted by the CBJ, and which does not conform to public standards. c. The developer of Vista Del Sol is requesting a vacation of the unconstructed street, therefore eliminating the access and frontage that is intended for Lot 4 on the preliminary plat; d. The proposed shared access and utility easement off Glacier Highway is encompassed by a wetland; e. The design is also significantly different than what was proposed at the pre‐application meeting. 2. Connectivity – The preliminary plat does not provide a subdivision street system, further it lacks connectivity that is most advantageous for development of the entire neighborhood area.  Packet Page 70 of 88 MINOR SUBDIVISION OR PLATT/NG APPL/CATION (CHANGING OR CREATING 4 OR FEWER LOTS) Project Number Project Name (15 characters) Case Number k \~ 2,ot~ 000 t r;;,t7,v~ TYPE OF MINOR SUBDIVISION OR PLATT/NG APPROVAL REQUESTED (please see submittal requirements on reverse) D Zero Lot Line (Common Wall) (SMN) □ "Panhandle" Subdivision (SMN) D Accretion Survey (SMN) □ Boundary Adjustment (SMN) D Lot Consolidation (SLC) ~ Subdivisions resulting in (SMN) 4 or fewer lots D Bungalow Lot Subdivision (SMN) □ Other Please attach a cover letter to fully explain the project if there is not adequate space on this form. 1- LEGAL DESCRIPTION(S!J: PROPERTY TO BE SUBDIVIDED OR PLATTED: z 7~00 G iae, 1~ r W t.-1- U ~ .5 i'5°b~ -r-.12.-~J ::TVAJC# V ~ :::; ~~c.oe.-o~~~ v1s::r: , C- 15T 2'4-a tFt:. H 5 P / '-jo /01'00 1 0 0.. 0.. <( w i!: Number of Existing Parcels _L_ Total Land Area / q ~l\'t..S Number of Resulting Lots or Parcels 41 ~ 0 w HAS THE PARCEL BEEN CREATED BY A MINOR SUBDIVISION IN THE PRECEDING 24 li:i MONTHS: ...J ~NO OvEs If Yes, provide the Case Number 0.. ~ 0 u w EXISTING BUILDING(S) OR STRUCTURES ON THE LAND: □ YES rxi NO OJ CURRENT USE OF LAND OR BUILDING(S): I//1-C,4-AJT 0 I- • PROPOSED USE OF LAND OR BUILD/NG(S): --Tit e.. ?rot:>os e , J vs e. . off-he I n.n~ I S ,,P.:>.r" f"'1.A·vf'\e., (2___,pq cl evi•ti ,,. ~ '7 ).e..v ,el o >'JV'VI !, ,~A- -H,, e c..,vi,-r-ev1.,4- r_ I'?> (20S, J. ftt 1t'.l.o..- S l..:! i'.3 l2 t UIS icno IS: ~ o ave.. Q ~ - ~ Q &g d:::f ~ 0L!..!1C'.d: o-P .J-.h. ., L ,,-, ,,, ,.J - UTILITIES AVAILABLE: WATER: D Public D On Site SEWER: □ Public Don Site -nu !.atvvcl u 1/2:t.~ f/ .e /1, _l~tt UNIQUE CHARACTERISTICS OF LAND OR BUILDING(S): :J1v1 c.t2 <f'r(.) :ta ~ l= a.bt- -k,-=,=~-t(~ s ~ lY~ + ~ =e ~ l ~ = ~U,, Q 5:o ~ e;~ e >y2<:.VJ1(__ , ) 4 /1'1.d. C t._o .J:_,.(__ For. more information regarding the SUBDIVISION/PLATTING FEES Fees~ Check No. Receipt Date permitting process and the submittals required for a complete application, Application Fees s:5{,iJ ~ c.r,»-=I: 2..1t../ rnLu:, please see the reverse side. Admin. of Guarantee $ If you need any assistance filling out this form, please contact the Permit Adjustment $ sSt>IJ-- vu Total Fee Center at 586-0770. NOTE: MUST BE ACCOMPANIED BY DEVELOPMENT PERMIT APPLICATION FORM Revised December 2009 - l:\FORMS\2010 Applications Page 1of2 Attachment A  DEVELOP MENT PERMIT APPL/CAT IONPacket Page 71 of 88 Proj&ctNumber I CITY and BOROUGH of JUNEAU I DateRec.lvtd: to/((q/t,' Project Neme ' IC11Y Slafflo ..__,n Name! Project Description Zone Change D-5 To D-18 , and Subsequent Subdivision z l'1HI - 0 I- < 7400 Glacier Hwy. 1.,!9.al Descr,tlon(a} of Parcel{a)_(Subdlv!alol!,,...~urwty, Block, Tract, Lot) USS 156 TR-Bl Juneau Recording u 1st. Assessor's Parcel Nwnber(s) :1: 5Bl401010010 a: 0 LL z I am (we are) the owner(s)or lessee{s) of the property subject lo !his application and 1 (we) consent as follows: 1- A This application for a land use or activity review ror development on my (our) property is made with my complete understanding and pam1isslon. z B. I (we) grant permission for officials and employees oflhe City and Borough of Juneau lo Inspect my property as needed for purposee of this < / ) a~lcatioo. ~ (.) _J X ~ 4 ~,~,t¼J ) Lando111n liae lgnature ,Jt/)(Md ;;;J Pate 1,/~~b:c 0. X 0. LandownertLenee Signature Dale < - 1- (.) NOTICE: The City end Borough of Juneau slaff may need access lo the subject property during regular busioeas hours and will attempt lo contact the landowner In addlUon to the formal consent given above, Further, members of the Planning Commlaslon may visit the property before the scheduled pubic hearing date. UJ -, Contact Person: 0 Rich c:= Malling Address Home Phone: FaxNumbar: 0.. P.O. Box 32403 Juneau Ak, 99803 907-790-4147 E-mail Address Other Contact Phone Number(s): rhdevelo Building/Grading Pennlt City/State Pro ect Review and City Land Action Inquiry case en Fee In Lieu, l..i!tter of ZC, Use Not Listed _J Mining Case <( Small, Lar , Rural, Extraction, Exploration > Sign Approval If more than one, fill In all llcable armlt #'s 0 a: or, PUD, St Vacation, St. Nama Ch 0. (Allowable, Condltlonal, Cottage 0. a Parlts AC()HS A artment V <C nlmla and all other Variance ca u.. Wetlands LL Permits Zone Change <( Ap llcatlon I­ Other en Doscriba ....*Public Notice Si Form filled out and In the file. Comments: NOTE: DEVELOPMENT PERMIT APPLICATION FORMS MUST ACCOMPANY ALL OTHER COMMUNITY DEVELOPMENT DEPARTMENT APPLICATIONS J:\FORMSl2(tf a AnnJJe;,t/o,.,. Attachment A  Packet Page 72 of 88 MINOR SUBDIVISION SUBMITTAL EQUIREMENTS Each application for a Minor Subdivision is reviewed under the Community Development Department, Planning Division approval process. • An application for a Minor Subdivision will not be accepted by the Community Development Department until it is determined to be complete. The items needed for a complete application are: Forms: A completed Minor Subdivision Or Platting Application form and DEivelopment Permit Application form. The "land owner or lessee consent" signature and initials are mandatory on the Development Permit Application form. Fees: The fee is dependent upon the type of subdivision and the number of parcels involved. Any development, work or use done without a permit issued will be subject to double fees. All fees are subject to change. Pn-.l!f Description: A detailed letter or narrative describing the project. Submittals: The Minor Subdivision shall be prepared by a professional land surveyor licensed to practice in the state of Alaska A. Plat B. Closure Report C. As-built Survey (May be required if there are existing structures on the lot) Document Format: All information that is submitted as part of an application shall be submitted in either of the following formats: A. Electronic copies may be submitted by CD, DVD or E-mail in the following formats: .doc, .txt, .xis, .bmp, .pdf, .jpg, .gif .xlm, .rtf or other formats pre-approved by the Community Development Department. B. 5 Paper copies may not be larger than 24" X 36" in size (Unless an alternate paper size is preapproved by the Community Development Department). Please consult with the Community Development Department to discuss whether additional information may be required for your application. The "Planner-On-Call" can be reached by contacting the Permit Center at 586-0770 or via e-mail at Permits a ci.juneau.ak.us. Application Review & Recording Procedure: Once the application is determineld to be complete, the Community Development Department will initiate the review and eventual recording of the final document. This process includes: Review: As part of the review process the Community Development Department will evaluate the application for consistency with all applicable City & Borough of Juneau codes and adopted plans. Depending on unique characteristics of the permit request the application may be required to be reviewed by other municipal boards and committees. During this review period, the Community Development Department will coordinate the review of this application by other agencies, as necessary. Review comments may require the applicant to provide additional information, clarification, or submit modifications/alterations for the proposed project. Recording: Once the plat and as-built survey have been reviewed and approved by Community Development Department, the applicant will need to submit two (2) mylar copies of the approved plat with the appropriate signatures (If necessary, the Community Development Department has Notary Publics available to witness the signing of the plat). Prior to recording, it will be the responsibility of the applicant to make sure all taxes, assessments, and/or improvement bonds have been paid. The Community Development Department will then record that plat the Alaska Department of Natural Resources Juneau_ District Recorder's Office. MINOR LOT CONSOLIDATION SUBMITTAL REQUIREMENTS In the case of a Minor Lot Consolidation application, the Community Development Department will determine whether the applicant will be required to follow the platting submittal requirements above or be able to utilize the "Notice of Minor Lot Consolidation" form. PLEASE NOTE: An Authorization to Subdivide form will be required between the dates of January 1 and June 30 for any subdivision activity. The Authorization to Subdivide form allows for the appropriate property tax billing to occur when a parcel is subdivided between January 1 and June 30. INCOMPLETE APPLICATIONS WILL NOT BE ACCEPTED Page2of2 Attachment A  Packet Page 73 of 88 10/15/2015 Attn: Community Development Dept. 155 S. Seward Street Juneau, Alaska 99801 Minor Subdivision Narrative,, The proposed use of the land is for future residential land development, the current proposed Minor subdivision is for financial reasons, and to accommodate the ownership of the land. The parcels will require a Major development application in the future, when a housing project is proposed. Thank you Richard A. Harris, Attachment A  r3--- I Packet Page 74 of 88 Se t de sc rip tio n: Ar ea: (No de scr ipt ion ) f 'i Y J 87 ,01 2.9 1 ., f.tJ f '.~ Pe rim ete r: 2.0 0 1,1 75 .38 Cl osu re: 0.0 0 Po int # Di rec tio n 1,5 08 Di sta nc e No rth ini Ea sti ng : El ev ati on Sta tio n S0 °00 '00 "W 19 ,89 5.1 13 8 22 ,06 7.7 71 7 25 0.0 0 25 2.4 2 0+ 00 .00 4,1 31 S8 3°1 5;2 9"W 19 ,64 5.1 13 8 22 ,06 7.7 71 7 30 3.8 9 25 2.4 2 2+ 50 .00 1,4 85 19 ,60 9.4 38 3 21 ,76 5.9 87 8 Ra diu s: 25 .00 5+ 53 .89 De lta : 72 °22 '05 " Ar c len gth : 31 . 58 Ta ng ent : 18 .29 Ch ord be ari ng : N4 8°2 2'1 6"W 1,5 27 N0 °00 '00 "E 19 ,62 9.0 48 0 21 ,74 3.9 23 4 1,4 87 26 6.0 7 5+ 85 .46 N9 0°0 0'0 0"E 19 ,89 5.1 13 8 21 ,74 3.9 23 4 1,5 08 32 3.8 5 8+ 51 .53 19 ,89 5.1 13 8 22 ,06 7.7 71 7 252 ·: 42 11+ 75. 38 et de scr ipt ion : (No de scr ipt ion ) Ar ea: 11 3,1 08 .64 Pe rim ete r: 2.6 0 1,3 39 .17 /_ O l ~ Cl osu re: 0.0 0 >in t# Di rec tio n 918 Di sta nc e No rth ing : Ea sti ng : El ev ati on 19 ,89 5.1 13 8 21 ,69 3.9 23 4 St ati on N9 0°0 0'0 0"W 37 3.8 8 917 0+ 00 .00 S0 °00 '00 "W 19 ,89 5.1 13 8 21 ,32 0.0 43 4 4,1 25 30 6.4 1 3+ 73 .88 N8 9°0 4'5 6"E 19 ,58 8.6 99 9 21 ,32 0.0 43 4 ~ 31 2. 96 25 2.4 2 6+ 80 .29 N8 3°1 5'2 9"E 19 ,59 3.7 12 4 21 ,63 2.9 59 3 i' 33 .26 25 2.4 2 9+ 93 .25 Ra diu s: 19 ,59 7.6 17 0 21 ,66 5.9 88 9 30 .00 10 +2 6.5 1 De lta : 88 °59 '23 " Ar c len gth : 46 .59 Ta ng ent : 29 .48 ~ Ch ord be ari ng : N4 1°3 7'4 5"E 90 j N0 °00 '00 "E 19 ,62 9.0 48 2 21 ,69 3.9 23 4 918 26 6.0 7 10 +7 3.1 0 19 ,89 5.1 13 8 21 ,69 3.9 23 4 13 +3 9.1 7 de scr ipt ion : (No de scr ipt ion ) RECEIVED OCT 1 6 2015 PERMIT CE NT ER/COD Attachment A  Area: 399,708.34 9.18 Packet Page 75 of 88 Perimeter: Closure: 3,185.85 0.00 L0i:=> Point # Direction Distance Northin2 Eastin2 Elevation Station 1,513 20,'409. 7999 22,067.7717 0+00.00 N89°59'53"W 747.73 326 20,409.8238 21,320.0434 7+47.73 S0°00'00"W 514. 71 917 19,895.1138 21,320.0434 12+62.44 N90°00'00"E 373.88 918 19,895.1138 21,693.9234 16+36.32 S0°00'00"W 266.07 (9 Radius: Delta: 30.00 88°59'23" 19,629.0482 21,693.9234 19+02.38 Arc length: 46.59 Tangent: 29. 48 e 1,485 Chord bearing: N83°15'29"E Radius: S41°37'45"W 100.70 25.00 19,~97.6170 19,609.4383 21,665.9889 21,765.9878 19+48.98 20+49.67 Delta: 72°22'05" Arc length: 31. 58 Tangent: 18.29 Chord bearing: N48°22'16"W 1,527 19,629.0480 21,743.9234 20+81.25 N0°00'00"E 266.07 1,487 19,895.1138 21,743.9234 23+47.32 N90°00'00"E 323.85 1,508 19,895.1138 22,067.7717 252.42 26+71.16 N0°00'00"E 514.69 1,513 20,409.7999 22,067.7717 31+85. 85 Set description: (No description) Area: 286,957.94 Perimeter: 6.59 2,319.91 µ-(4-' Closure: 0.00 Point# Direction Distance NorthinS£ Eastini Elevation Station 518 20,644.9799 21,320.0434 252.42 o+oo. oo S0°00'00"W 235.16 326 20,409.8238 21,320.0434 2+35.16 N90°00'00"E 747.73 36 20,409.8238 22,067.7717 252.42 9+82.88 N0°00'00"E 532.39 542 20,942.2138 22,067.7717 15+15.27 S68°19'17"W 804.64 518 20,644.9799 21,320.0434 252 . 42 23+19 . 91 RECEIVED OCT 16 2015 PERMIT CENTER/COD M.:rt>?.JJtS-ooor Attachment A  Packet Page 76 of 88 ~ EB PRIMARY MONUMENT RECOVERED THIS SURVEY 3" ALUMINUM MONUMENT, T&N ENGINEERING O SECONDARY MONUMENT RECOVERED THIS SURVEY RE CE IVED u.s.s. 3801 44 REBAR & CAP, SET BY JW BEAN LOT 8-2 GOLDEN HEIGHTS SUBO - - - - - UNSURVEYEO - - - - - CENTERLINE SURVEYED OCT 1 6 2015 -- · SURVEY TIE - - - - - - EASEMENT PERMIT CENTER/COD ----- ------ -t-E-t-t- EASEMENT WATER LINE SEWER LINE ELECTRIC U.S. SURVEY NC. 5504 u.ss. 1852 I --------- DRIVEWAY ========= STORM DRAIN LOT A-2 ® SANITARY MANHOLE EGAN DRIVE l><l WATER VALVE oco CLEANOUT -0- POWER POLE w -6- FIRE HYDRANT THIS "'"'"' SURVEY SECTION 32 LOT 44 T4DS VICINITY MAP (R1) = AS PER PLAT NO. 95-56 LOT 4 OURCE: C.8.J. BASEMAP SERIES (M-1, M-4, M-5) - SCALE: 1• = 400' 286,958 S.F. BASIS OF BEARING (6.e9 AG.) BASIS OF BEARING FOR THIS PLAT IS THE RECORD BEARING OF ? FROM A FOUND MONUMENT BEING THE ? CORNER OF LOT ? TO A FOUND MONUMENT BEING THE ? CORNER OF LOT ? AS SHOWN ON RECORD PLAT NO. WEST 747.7 ' CJ) I.[) N n ~ LOT 43 0 z >­ w LOT 3 lg > 399,7C2 S.F. .; 0::: ORIGINAL (£.18 AC.} ;;; =::> CREEK LOCATION (/) LOT 5 (/) LOT 4 =::> >­ ""' LOT 3 " 0. i1l ~ ru LOT 42 CURVE TABLE CURVE # DELTA RADIUS ARC LENGTH CHORD BEARING & DISTANCE c, 96'44'31" 30.00' 46.59' S41'37'45"W 42.05' 72•22•05• LOT C2 25.00' 31.58' N48"22'15"W 29.52' -------- ---- - - - - -0--' -----~~ -- c-c-t-c-E-t tQL,\CIEflt 33.26 437 54 --------- 15'2d:9"W :=-E HIQHWAY - ' t-1:-i:-c-c-c-t- EXISTINi1 MANHOLE CERTIFICATE OF REGISTERED LAND SURVEYOR TBM EL.-29,91 I HEREBY CERTIFY THAT THIS IS A TRUE ANO CORRECT PLAT; THAT ALL WALKS, ROADS, EASEMENTS AND IMPROVEMENTS THEREON ARE AS SHOWN ANO THAT ALL OVERLAPS ANO ENCROACHMENTS ARE AS SHOWN TO THE BEST OF MY KNOWLEDGE. AN ASBUIL T OF ~ TRACT B1 1. ALL PLAT BEARINGS SHOWN ARE TRUE BEARINGS AS ORIENTED TO THE BASIS OF U.S. SURVEY NO. 1568 BEARINGS. WITHIN CITY & BOROUGH OF JUNEAU, ALASKA ~- 2. ALL DISTANCES SHCWN ARE REDUCED TO HORIZONTAL. 3. DC MESTIC WATER AND SANITARY SEWER DISPOSAL PROVIDED BY THE CITY AND BOROUGH JUNEAU RECORDING DISTRICT OF ,, UNEAU PUBLIC UTILITIES 4. WHERE MEASURED BEARING AND/ OR DISTANCE DIFFER FROM THE RECORD. THAT OF .Ql'i.!iEB; 100 ' C 20C' R. H. DEVELOPMENT, LLC SURVEYOR: PROFESSIONAL SURVEYOR RECORD IS SHOWN IN PARENTHESIS, ALONG WITH THE SOURCE DOCUMENT/ PLAT NOTE. I RICHARD A. HARRIS JW BEAN, INC. 1070 ARCTIC CIRCLE •. THE ON LC•T STORMWATER RUNOFF DRAJNAGE IS ACCEPTABLE AS EXISTS BETWEEN THE OPERATING AGENT PROFESSIONAL SURVEYOR JUNEAU - ALASKA S cale in feet PLATTED LOTS OF THIS SUBDIVISION AND MAY NOT BE MODIFIED UNLESS PERMITTED BY PO BOX 32403 1070 ARCTIC CIRCLE (907) 789-0590 SCALE: 1"=100' GB, ENGINEERIN, PJRSUANT TO CHAPTER 19.12.120.1 BEST MANAGEMENT PRACTICES. JUNEAU ALASKA 99803 JUNEAU, ALASKA 99801 SURVEYOR - PLANNER PROJ: DATE: 10-15-2015 SCALE: 1"=100' SHEET 1 OF Attachment A  Packet Page 77 of 88 ..I..EG.Ehl.Q + B.L.M . 2" BRASS MONUMENT RECOVERED THIS SURVEY u.s.s. 3801 EB PRIMARY MONUMENT RECOVERED THIS SURVEY 3" ALUMINUM MONUMENT, T&N ENGINEERING RE CEIVED LOT B-2 GOLDEN HEIGHTS SUBD 0 SECONDARY MONUMENT RECOVERED THIS SURVEY REBAR & CAP, SET BY JW BEAN • REBAR & CAP, SET BY JW BEAN - - - SURVEYED - UNSURVEYED OCT 1 6 2015 --- - - - - CENTERLINE -- - SURVEY TIE - - - EASEMENT PERMIT CENTER/COO U.S. SURVEY NO. 5:C4 · · - CREEK U.S.$. 1852 I SEE DETAIL "C" LCT A-2 (R1) - AS PER PLAT NO. 95-56 EGAN DRIVE BASIS OF BEARING BASIS OF BEARING FOR THIS PLAT IS THE RECORD BEARING OF NORTH FROM A FOUND 3" ALUMINUM MONUMENT BEING THE SOUTHEAST CORNER OF LOT 5, TRACT B, U.S. SURVEY NO. 1568 TO A FOUND 3" ALUMINUM MONUMENT BEING THE NORTHEAST THIS CORNER OF LOT 5, TRACT 8, U.S. SURVEY NO. 1568 AS SHOWN ON RECORD PLAT NO. 95-56. SURVEY SECTION 32 SEE DETAIL "A" LOT 44 T40S VICINllY MAP TYPICAL SECONDARY MON. 2" ALUMINUM LOT 4 OURCE: C.B.J. BASEMAP SERIES (M-1, M-4, M-5) - SCALE: 1" 400' 5/8" REBAR, 36" LONG ------ ------ 11 - LOT 266,255 S.F. (6.:9 AC.) / / CORPORATE OWNERSHIP CERTIFICATE· I HEREBY CERTIFY THAT R. H. DEVELOPMENT, LLC IS THE OWNER OF THE "w /LCT <!f~ PROPERTY SHOWN AND DESCRIBED HEREON AND THAT I AS MANAGER/ MEMBER HEREBY ADOPT THIS PLAT OF SUBDIVISION WITH MY FREE CONSENT, AND DEDICATE ALL STREETS, ALLEYS, WALKS, PARKS AND OTHER OPEN SPACES TO ff~ _1 Q_ j_j;----------..m...i....7:.:,471..,..73"'--'_ _ _ _ _ _ _ _ __ . PUBLIC OR PRIVATE USE AS NOTED: z ~~LOT 0 ~ Ol Dote _ _ _ _ _ _ _ __ 2015 0 .,; LO U) ,........._ g -~ "'"! N 3" ALUMINUM MONUMENT 3" ALUMINUM MONUMENT LOT L:, ~~' CX) ~ I') LOT 43 DETAIL "A" DETAIL "B" R. H. DEVELOPMENT, LLC RICHARD A. HARRIS 0 I ~ ----u....: (Dii1 5 0 0 OPERATING AGENT IJJ ::i N 0 "' z NOTARY ACKNOWLEDGMENT· U) 0 LOT 7 (/)~: STATE OF ALASKA ) w N -0 .(/) z >-- w ) S.S. __J VJ <t[Il LOT 3 FIRST JUDICAL DISTRICT ) 0<( VlI 0 LOT 6 399,702 S.F. "'..; <D > er: THIS IS TO CERTIFY THAT ON THIS _ _ _ DAY O F - ~ ~ ~ ~ = 2015 (2.18 A;.) ;;; BEFORE ME THE UNDERSIGNED, A NOTARY PUBLIC IN AND FOR THE STATE OF __J 0... z ::i U) ALASKA, DULY COMMISSIONED AND SWORN, PERSONALLY APPEARED RICHARD A. HARRIS, OPERATING AGENT, R. H. DEVELOPMENT, LLC TO ME w I- --- KNOWN TO BE THE PERSON DESCRIBED IN AND WHO EXECUTED THE ABOVE 0 <( __J LCT 5 U) 2" BRASS CAP 2" BRASS CAP AND FOREGOING INSTRUMENT, AND ACKNOWLEDGED TO ME THAT HE SIGNED AND SEALED THE SAME FREELY AND VOLUNTARILY FOR THE USES AND <( 0... ::i DETAIL "c" DETAIL "D" --......, PURPOSES THEREIN MENTIONED. I- U) LCT 4 WITNESS MY HAND AND OFFICIAL SEAL THE DAY AND YEAR IN THIS CERTIFICATE FIRST ABOVE WRITTEN. > Notary Public for Alaska _ _ _ _ _ _ _ _ _ _ __ LOT,:; My Commission Expires EAST 373.88' EAST 323.85' LOT 2 LOT 42 CURVE TABLE CERTIFICATE OF APPROVAL CURVE N DELTA RADIUS ARC LENGTH CHORD BEARING & DISTANCE LOT 1 I HEREBY CERTIFY THAT THE PLAT SHOWN HEREON HAS BEEN FOUND TO COMPLY WITH TITLE 4 COMMUNITY DEVELOPMENT REGULATIONS AND TITLE 49 OF THE CODE LOT 2 87,013 S.F. (2.00 AC.) C1 100-16'02" 25.00' 43.75' S43"07'33"W 38.38' OF THE CITY & BOROUGH OF JUNEAU AND IS APPROVED BY THE CITY AND 11:,109 S.F. (2.6C AC.) C2 72'22'05" 25.00' 31.58' N48"22'15"W 29.52' BOROUGH OF JUNEAU DEPARTMENT OF COMMUNITY DEVELOPMENT FOR RECORDING IN THE OFFICE OF THE JUNEAU RECORDING DISTRICT, JUNEAU, ALASKA. LCT AC:ESS &: SEE DETAIL "D" JTILITY EASEMENT Doted: _ _ _ _ _ _ __ _ , 2015. Director Attest: City & Borough of Juneau Department of Community Development Clerk City &: Borough of Juneau -~--- 3c.65' GLACIER HIGHWAY CERTIFICATE OF REGISTERED LAND SURVEYOR I HEREBY CERTIFY THAT I AM A PROFESSIONAL LAND SURVEYOR REGISTERED IN THE STATE OF ALASKA, AND THAT THIS PLAT REPRESENTS THE SURVEY MADE BY ME OR UNDER MY DIRECT SUPERVISION, THAT THE ACCURACY OF THE SURVEY IS WITHIN THE LIMITS REQUIRED BY TITLE 04 COMMUNITY DEVELOPMENT REGULATIONS AND TITLE 49 OF THE CODE OF THE CITY AND BOROUGH OF JUNEAU, THAT ALL PLAT OF DIMENSIONAL AND RELATIVE BEARINGS ARE CORRECT AND THAT MONUMENTS ARE SET IN PLACE AND NOTED UPON THIS PLAT AS PRESENTED . TRACT B1, LOTS 1, 2, 3& 4 U.S. SURVEY NO. 1568 WITHIN Cl1Y & BOROUGH OF JUNEAU, ALASKA JUNEAU RECORDING DISTRICT Attachment A  Packet Page 78 of 88 City and Borough of Juneau Community Development Department Cit~ Borough of Juneau 155 South Seward Street ¾ Alaska's Capital City Juneau, Alaska 99801 Telephone: 586-0715 Facsimile: 586-3365 Project Name: Case Number: PAC 20150024 Project Description: Minor Subdivision for residential development Applicant: Rich Harris, RH Development Property Owner: RH Development Property Address: 7400 Glacier Highway Parcel Code Number: 5B1401010010 Site Size: 19.71 Zoning: D-18 Existing Land Use: Vacant Conference Date: September 30, 2015 Report Issued: October 29, 2015 List of attendees Note: Copies of the Pre-Application Conference Report will be emailed, instead of mailed, to participants who have provided their email address below. Name Title Email address Owner, RH Rich Harris Development Laura Boyce Planner, CBJ Laura.boyce@juneau.org Planner, CBJ Allison.eddins@juneau.org Allison Eddins Chief Surveyor, CBJ Ron.king@juneau.org Ron King Permit Specialist, CBJ Edward.quinto@juneau.org Eddie Quinto Neighborhood Association/Contact: Revised 10/30/13 Attachment B  Packet Page 79 of 88 Pre-Application Conference Final Report Conference Summary Questions/issues/agreements identified at the conference that were not already identified in the attached reports. The following is a list of issues, comments and proposed actions, and requested technical submittal items that were discussed at the pre-application conference. 1. Zoning – D-18. CBJ Land Use Code requires all lots in a proposed subdivision inside the Urban Service Area to have at least 30 feet of frontage along a publicly maintained right-of-way. The current site plan shows a dead end road proposed off Glacier Highway that would provide access to Lots 1 & 2. CDD would recommend a “hammer head” street design that would provide the 30 feet of frontage required. 2. Planned Unit Development option – PUD information as emailed to you by Ms. Boyce on October 1, 2015. The PUD option provides design and use flexibility. The PUD option may let you incorporate commercial uses along with residential uses and may be closer to your original goal to rezone the land to Light Commercial (LC) and D-18. The PUD code section was included in the email. This property meets the minimum lot area requirement in case you’d like to pursue this option. 3. Setbacks – Front yard setbacks are 20 feet; rear yard setbacks are 10 feet; side yard setbacks are 5 feet; street side setbacks are 13 feet. 4. Height – Maximum height for permissible uses is 35 feet and 25 feet for accessory uses 5. Parking – Each single family home and duplex requires 2 parking spaces. For multi family dwelling units 1 parking space for a one bedroom, 1.5 parking spaces for a two bedroom and 2 parking spaces for three or four bedrooms. 6. Access – each lot must have its own access to the right-of-way; shared access is not allowed by Code unless a panhandle lot is being created. Currently, any proposed shared access requires variance approval unless it’s a panhandle subdivision. 7. Street connectivity – The Land Use Code (CBJ 49.35.210 Street system) states that subdivisions shall be designed to provide connectivity into adjacent lands to provide a system of street networks. The Vista Del Sol subdivision provides a stub out to this property and if that stub out will be utilized, it needs to provide connectivity within the proposed subdivision as well as to the adjacent properties to the southeast. Ms. Boyce left a detailed voice mail message to you about this on Thursday, October 1, 2015. Additionally, in an October 2, 2015 email from Joe Buck at the Department of Transportation & Public Facilities, he states: “CBJ laid out the access road to the new PW facility at 7-mile Old Glacier Highway with the intent of it being upgraded in the future to a public street to serve as access to the adjacent double tier of lots owned by Alaska Mental Health Trust (AMHT), US Survey 3259 Lots 33 through 53. Lot 42 of the AMHT lands is just to the east of the large Honsinger property that Mr. Harris is looking to subdivide. The old development plan was for there to be three roads coming off the mountainside onto Glacier Highway; one at approximately the Vista Del Sol location, one through Lot 42, and one at the CBJ PW facility access road. This access road arrangement would space out the major intersections along Old Glacier Highway and would facilitate development of both the private and public lands on the south facing slope of Heitzelman Ridge. Who knows how the development will actually work out, but that is what was discussed starting sometime in the mid-1980’s and continued through 2011 when I left the CBJ. The upper terminus of the Vista Del Sol Street is perfectly aligned to provides the necessary cross slope road alignment through the upper portion of the Honsinger property and through the center of the AMHT properties to the CBJ PW Facility access road. At this point Page 2 of 4 Attachment B  Packet Page 80 of 88 Pre-Application Conference Final Report I think it would be a mistake to consider vacation of the street between Lots 10 and 11 of Vista Del Sol because of this needed future access. I should think that Mr. Harris should approach AMHT about constructing a street up the hill though Lot 42 and then doing loops through the Honsinger property instead of cul-de-sacs; better street design for emergency response, snow plowing and maintenance, and for utility configurations.” 8. Landscaping – 30% of vegetative coverage is required in the D18 district 9. Building – The applicant is proposing to construct 3 and 4 plexes on each lot. 10. Fire District – Fire Marshall comments are coming soon. 11. Lighting – Street lights will be addressed with road requirements. 12. Habitat Issues – Habitat issues are not known at this time. 13. Lot Coverage – A maximum of 50% lot coverage is allowed in a D 18 district. 14. Traffic – A traffic impact analysis will be needed because proposed trips will exceed 500 ADT (average daily trips) since there are approximately 18 units per acre for a total of 19 acres. The Applicant will need to obtain a driveway permit from ADOT. Current road requirements call for a minimum of 60 feet for a dedicated right—of-way. Code allows for some reduction in right-of- way width as long as a 26 foot paved travel way is maintained along with sidewalks on both sides and street lighting at all intersections. 15. Engineering – See Ron King’s email 16. Noise – N/A at this time 17. Drainage –There will need to be drainage a 10 foot drainage easement along the western property line. The easement will be privately maintained. 18. Utilities – Putting in a 1” water service to Lots 1, 2, & 3 is all that is required at this point. However, installing a 6” pipe would be ideal. 19. Wetlands – Wetlands have been delineated and a permit from the Army Corp. of Engineers would be required for any fill activity. The proposed subdivision would go to the Wetlands Review Board for review and recommendations. 20. Hazard/Avalanche/Hillside Endorsement – There does not appear to be any hazards and hillside endorsements required for this project. 21. Flood – This property is located on FEMA Map 1531D and is not in a mapped flood zone. 22. Other Agency Reviews – ADOT, Fire, Wetland Review Board List of required applications Based upon the information submitted for pre-application review, the following list of applications must be submitted in order for the project to receive a thorough and speedy review. 1. Development Permit Application 2. Minor Subdivision Application Additional submittal requirements: Submittal of additional information, given the specifics of the development proposal and site, are listed below. These items will be required in order for the application to be determined Counter Complete. 1. A copy of this pre-application conference report. Page 3 of 4 Attachment B  Packet Page 81 of 88 Pre-Application Conference Final Report 2. 5 copies of preliminary plat that measure 24” x 36”. (See section 49.15.420 for all submittal requirements) 3. Closure report 4. Army Corp. of Engineers Wetland Permit 5. ADOT Driveway Permit Fee estimates The preliminary plan review fees listed below can be found in the CBJ code section 49.85. Based upon the project plan submitted for pre-application review, staff has attempted to provide an accurate estimate for the permits and permit fees which will be triggered by your proposal. The fees checked below apply to the subject proposal, and are based upon the fee schedule in effect at the time of the pre-application conference and for the project as submitted. The fees that are applicable to the subject proposal are subject to change if the proposed projects changes and/or if new or additional information is presented after the meeting. For informational handouts with submittal requirements for development applications, please visit our website at www.juneau.org. Submit your completed application You must submit your application(s) in person with payment to: City/Borough of Juneau Permit Center 230 S. Franklin Street, Fourth Floor Marine View Center Juneau, AK 99801 Phone: (907) 586-0715 Fax: (907) 586-3365 Web: www.Juneau.org Page 4 of 4 Attachment B  Packet Page 82 of 88 1__,;1J o u L D G1 1<( Tc_) Suf3 cil-V PoG -;ZA cr f3 -1 I;sr (_) I3 LDT3 N5 51---!0~f'J ~rL (/?,61D{°/1JTJ/JL LJ A)57rr_j.AC;.-t1 O JU . /HIJN JC_ You /Im nl(/2 ,J Rfl U,uELC> p t/l'JJ /111 Attachment B  $ ~(. e_-rc::::,.,\-4 -l?'I-~ J..EQ.ENQ m PRIMAR'I' umlUL<ENT RECOVERED THIS SURVEY J" AlU>JIIUJU L<OflULIEIIT. T&ll ENGIHEElllNG u.s.s. .le01 0 SECONDARY M0flUMENT RECOVERED iHIS SURVt't LDr P-2 GOLOW -·· REBAR .!:: CAP, SET Bl' JW BEAN HDCHTS SU!JO SURVEYED - - - - - Ui<SURvEYEO -- - - - C(NTffiUllE SURVEY TIE -- - - - - EASEMEI/T EASEL!ENT - ----- - - -t-1-,-•- ELECTRIC - - WATER LINE SEWER LINE U.S. SURVEY NC. 5:04 -- -- 11.S.5. 1852 DRIVEWAY LOT A-2 "" ... - _.., - - -"" SiORJ.I DRAIN @ SANITARY L<ANHOLE £CAIi CAr.t tx] WATER VA!.VE oco CLEANOUl -0- -6- POW1:R POLE FIRE HYDP.ANT C> ::l LOT 44 r SECTION J2 THIS SURVEY ,., "' "'"' :;i HOS VICIN11Y MAP (R1) • AS PER PLAT NO. 95-56 /' /' LOT 3 OlJRCE! C.8.J. BASEMAP SERIES (1.4-1, t.1-4, ld-5) - SCALE: 1• = -400' /' 285,9:8 5.F. BASIS OF BEARING ,,. LOT 11 (o.,9 ,.:.) W.SlS OF BEARltJG FOR iHIS PLAT IS THE RECORD BEARIHG OF 1 / --- -- FROM A FOVNO MONUMENT BEING THE ? CORNER OF LOT 7 TO A FOUND (IONUMENT BEING THE ? CORNER OF LDT ? AS SHOWN / ON RECORD PLAT NO. / LOT 1.0 EAST 747.73' :'!73.ais:· z 01 Q ~ I.[) (f) ,-._ ,.: N .I" > - 0 OJ ,- ; LOT 43 n ~ I Attachment B ::J- ('-J OJ ----1.J..-I \ r/J 0 (f) - a LOT 7 ° LOT 2 / J z z 6W N (f) - - Ill _,,._ij'j 305,-ii75 s.r. / 'i\.V v '"· >­ w U1 ± c::i LOT 6 ci1l i ,-, -1 > O:'. _J 0.. z g~~~:t'1" LOCATION ( Lil ::J VJ w I- i LOT 1 0 4'. 294,H4 s.r. _J vi 0.. i (5.7= l,C.) .., ;:: ~ '---' ::J ~ ~ U1 ... > ~ LOT 3 ~ il: EXISTING 15' t L , \ 50 Packet Page 83 of 88 a, DRAINAGE i EASEMEIIT LOT 2 o \., LOT 42 "' i\l "' 5 "' ~~ ~ ~ .- LOT ~\ fiEEK '- ,I\\'. - \ 1c;i ---- --- ~ ,:; .~-1~'llll;17.a5· ~ I:? ~ -------n·---~-- -------­ .,_,_,_,_,_,_,-,3,_,_,_i·~-·-· ,_,_,_,_,_,_,_ ~ - GLACIER HlllHWl,Y "' ~« o:r:;nu; LWllCU:: mu tL•:?'il.Ot ! CERJ!FJCAJF OF REGISTERED LAND $VBYEYOB I HEREBY CERTIFY THAT iHG lS A mm: Af,10 CORRECT PLAT;: THAT AU ~ WALKS, ROADS, EASEMEN15 AND l"PROl'EMEIIIS THEREON ARE AS SIIOWN ~ AHO 1HAT All OVERIAPS AllO ENCROACHUWTS ARE AS SHOWN TO THE AN ASBUIL T OF 0: BEST OF l1Y KllOWU:DCE. TRACT B1 ~ _MOIES.; 1, ALL FLAT SEARIH::S SHOWU ARE TRUE BEARINGS AS ORIENTED 10 Tl-IE BASIS or U.S. SURVEY NO. 1588 M BEARINGS. WITHIN CITY & BOROUGH OF JUNEAU, ALASKA 9~----oF-,,~ 2. Al, DISTANCES SHCWN ARE REDUCED TO HOnlZONT>L. i k~----·~ J. OCMEST): WATER AND SANITARY SEWER OISPOSAL PROVIDED BY THE CITY ANO BOROUGH JUNEAU RECORDING DISTRICT ! ~•:·4sni1Ji J"o\Va BEANrNc. too· ~ c 2cc ~ C·r' JUNEAU FUELi;' UTILITIES 4, WHERE UWUREO BEARING mo/ OR DISTANCE DIFFER f'ROM THE RECORD. THAT o; RE~ORO IS SHC·WN Ill PARENTHESIS, AlONC WiTll THE SOURCE OOCULIWi/ PL',T NOTE. ~ R. H. OE\IE,OPMEtIT. LLC ~ < THE QN LM 5'TORUWATER RUHOFF ORI-JI/ACE ~ ACCE?TABU: /,S EXISTS arn,crn RICHARD /1. HARRIS JW BEAil. INC. llf ~,~. iW. BfAII 1 070 ARCTIC CIRCLE THE OPEJ!AIIHG AGENT PROFESSIONAL SURVEYOR i'" •i~--~ ~-s ...; .JUUEAU - ALASKA (i07) 71SO-OSDO Sc-:il,; in feel s,:ALE, 1·-1co' PLATTED Lc-lS or THIS SUBDIVISION AHO MAY tlOT BE LIODIFIEO UNLESS PER.,ITTEO BY PO BOX 32403 I 070 ARCTIC CIRCLE ~ ,,,~~...... 11"""-'-···"Zlj!>- SURVEYOR - PLANNER PROJ: r:B.. ENGIUEERIN'.: PJRSUAN1 TO CHAPTER 19.12.120.1 BEST 1.WLAGEMEtlT PP.ACTICES. JUIIEAU~ALASKA 99603 DATE: 9-09-2015 SCALE, /";100' JUNEAU. ALASKA 99801 SHEET 1 OF  Packet Page 84 of 88 11/ 7 / 2015 Re: FILE NO.: MIP2015 0001 PROPOSAL: A Preliminary Plat for a 4-lot minor subdivision at 7400 Glacier Highway Dear Members of the CBJ Subdivision Review Committee. Please see our comments below with regard to staffs written concerns. 1. Frontage & Access – a. The proposed lots do not have access from a publically maintained right-of-way. A variance is needed, which was not submitted with the application. We understand a variance may be needed in the future, It makes no sense to file for a Variance at this time, it is standard procedure to file for a variance at the time of development or construction. A variance may not be needed if a street is constructed to CBJ standards; we fully understand that a variance may be needed in the future. b. The preliminary plat utilizes access off an unconstructed street (Vista Del Sol), which has not been accepted by the CBJ, and which does not conform to public standards. When talking with Ron King regarding Vista Del Sol it was said that The CBJ has Bonding in place to complete any portion of Vista Del Sol that Duran construction has not completed. As for the last Portion of Vista Del Sol that leads to our proposed Lot-4, we understand this portion of the street may need to be brought up to CBJ standards and possibly extended including connectivity once this parcel is planned for development, however we have no development plan for this parcel at this time, . If streets are to be planned at a later date CBJ will have control over street design. It seems premature at this time since there are no set development plans for the parcels. Creating street design without a housing development plan would be very burdensome, expensive and could harm or obstruct future development possibilities. c. The developer of Vista Del Sol is requesting a vacation of the unconstructed street, therefore eliminating the access and frontage that is intended for Lot 4 on the preliminary plat; If CBJ decides to side with Duran Constructions request we the Applicant could access our four lots from Glacier Hwy. eliminating the use of Vista Del Sol entirely. There is plenty of Glacier Hwy. frontage to create the lots utilizing only Glacier Hwy. See attached sketch. These lots would not be categorized as Panhandle lots due to the fact they would provide the minimum required lot frontage on an existing maintained road way.  Packet Page 85 of 88 d. The proposed shared access and utility easement off Glacier Highway is encompassed by a wetland. We the applicant have been in discussion with A.C.O.E. and fully understand that an Army Corp. permit for development will be needed. e. The design is also significantly different than what was proposed at the pre-application meeting. This is true, due to financial reasons; including the high cost of street construction, land, and design we have lessened our plans. The proposed subdivision will allow for housing development on one of the parcels while providing future access to all other parcels. 2. Connectivity – The preliminary plat does not provide a subdivision street system, further it lacks Connectivity that is most advantageous for development of the entire neighborhood area. Regarding 49.35.210 Street Systems: Our understanding of what is written is when a proposed subdivision involves street design and construction, then the street design needs to take connectivity into consideration. Our request does not involve streets. Our subdivision request is utilizing existing street access and utilities. If streets are to be planned at a later date we fully understand and expect to coordinate street design with staff. It would be premature at this time since there are no set development plans for the parcels. Creating street design without a housing development plan could harm or obstruct future development possibilities. It should also be mentioned that all neighboring parcels have existing Old Glacier Hwy. access or frontage. We hope you will agree with our proposed plat and thank the Committee in advance for your review, and consideration of our subdivision request. Unfortunately I will not be able to attend the meeting on November 10th , I will be out of Juneau. John Williams will represent R H Development at this meeting. Cordially, Richard Harris  Packet Page 86 of 88 Issues with Staff Report nd 2 page Analysis Isn’t CBJ 49.15.460 Design –repealed in its entirety on Pg 5 section 10 cbj 49.15 Minor and Major Subdivisions? I could not find this in the new Ordinance No. 2015-03 Changes to the Land use code, or in a code search on line. There is a new section regarding design, see below Division 3. Design, this is copied from Pg.5 of Ordinance No. 2015-03 Changes to the Land use code. Section 10. Repeal and Reenactment of Article. CBJ 49.15, Article IV Minor and Major Subdivisions, is repealed in its entirety and reenacted to read: Article IV. Subdivisions Division 1. Permits 49.15.400 Purpose and applicability. 49.15.401 Minor subdivisions. 49.15.402 Major subdivisions. 49.15.403 Lot consolidations. 49.15.404 Public way vacations. Division 2. Plat Requirements 49.15.410 Sketch plat. 49.15.411 Preliminary plat requirements. 49.15.412 Final plat requirements. 49.15.413 Plat expiration. 49.15.414 Plat effective date. 49.15.415 Recorded plats legalized. Division 3. Design 49.15.420 Lots. 49.15.421 Cul-de-sac lots. 49.15.422 Public use lots. 49.15.423 Panhandle lots. 49.15.424 Access. Division 4. Privately Maintained Access in Rights-of-Way 49.15.430 Purpose. 49.15.431 Application. 49.15.432 Department action. 49.15.433 Design criteria. 49.15.434 Access agreement. Further, under this same section of the Staff report it stops at (b) Staff has failed to include (c) Privately maintained access within a subdivision. A subdivision may create new lots served by a privately maintained access road not maintained by an agency of government as provided by CBJ 49.15, Article IV, Division 4. All lots must have either a minimum of 30 feet of frontage to the right-of-way, or the minimum lot width for the zoning district or use as provided in CBJ 49.25.400. There is a detailed section regarding Access within a ROW. This would all come into play when an application is submitted. At this time we are not asking for access.  Packet Page 87 of 88 U .S. SURVEY NC•. 5 :: C4 LCT A- 2 -- THIS SURVEY SECTION 32 i •IOS VICINITY MAP URCE; C.B.J. 8.'SEMAP SERIES (M-1, M-4, M-5) - SCALE: 1• c 400' _:::.T ,..- s , - Al.Ul.l llU~ UONU~EIIT , - ~LUl !INL'M UONU1,t£11T ;:- c DETAIL "A" DETAIL "B" 0 z =- 7 >­ LJ :, 3 > ~ :::) <J) ,.., \9$3 (f) 2 .. 9RASS CAP , - BRASS r;,s> LOT 2 LOT 1 ... PETAIL "C" PEIAIL ·c· :!o; .?7! S.f. 2':.(,lG, S.F. ,:;_75 J.C. ) ....., (7.02 N:.) LOT 4 2 SE DETAIL •o· :)7 6 .47' N~15·i<;"E 437.SS' QLACIE.R HIGHW,'Y vn~1-rY rf /tU... e S5 ([t.4-S/vl 0'--i-r rvr LD-;- // 2- 1 5 + '-/ PlAT OF i ..-, l "11~1¥' L o - )- i..,..;\ !)°\"' )'Vl TRACT B1, L oT LOTS 1, 2 & 3, '-{ U .S. SURVEY NO. 1568 9!/..RIU;-5. WITHIN Cm' & BOROUGH OF J UNEAU, ALASKA 2. AU OtSTAUC£5 SHCWU AA£ REOU:ED l :l HO:--~i..t.L 3. O{·UGTIC WAluf ,.,a:, S,1.1!;.r'Ar:-Y Sc..""WER :):905.,t..t ~ •.:ED 3Y THE a-Y AHO SOROUCH J UNEAU RECORDING DISTRICT OF • UII EAU FUeuc lJTIUTiu Jl?!'.lill!; 4. WHERE LIEA5 JREC er;..Ru:::;: JJJO/ On 0::5"iAHCZ : ~ ffiOl il-1='. RECORD. ntAT Of' 5l, J:::'V'!'YL::,. R. Ii. OEVEtOPUDlT, LLC RE: OfID I.! ~H( Wll m PARDm -ESrs. ,\!..[JN:; WIT:--! il-'.!. SCl@.!CE oo::t..!\..l~IT/ ?\..AT NOTE. ttJCHARD A. HARRIS JN e~:. !UC. lH( CU L.C·T ~ ORJ.IVl'ATER RUHCfr OR.A.!tU.CC IS "'- '"'C!riiet.:: AS asi'S 5ITA'EUi TIU: O?EAATIUC AGENT Pr-IDri:-~~W. SlJnVEYOR ~ i'n fe~f PLATI£0 LC•TS OF 'TH! S'Ja cr-r.~u .mo JJAY NOT EE uo::,FS t.~ ?~ .l,LITTID 6':' PO BOX J2 ◄ 0J t 070 .ARCnC CtRCL£ ~ 1·- 2.c-· :BJ CNW~EERIHC P:JRSu,:,m TO Cw-Fi~R 19. 12. 120.1 =~ W.\U.Gt"OIT ?PXTICts. JUN£AU. ALASKA 9960 3 Ju).;£;.u. .tJ.ASKA ggeo , 0/ITE: 9 - 09- 2015 SCAl.E, 1 "• 100' SH EET 1 OF  Packet Page 88 of 88 Jill Maclean From: Heidemann, Marie E (DOT) <marie.heidemann@alaska.gov> Sent: Monday, November 09, 2015 8:48 AM To: Jill Maclean Cc: Haynes, Emily R (DOT); Epstein, David B (DOT); Stevens, Mike A (DOT); Trousil, Robert E (DOT); Hughes, Andrew N (DOT); Buck, Joseph T (DOT); Schmidt, Joanne M (DOT); Gray, Scott J (DOT) Subject: RE: Minor Subdivision Review - 7400 Glacier Highway Jill, Here is our combined response for Southcoast Region DOT&PF. Please call/email if you have questions. The Department will require all lots to have a combined access from Glacier Highway. Lots 1 and 2 will need to use this new ROW access. We will not permit additional driveways for those lots. Additionally, while the current proposal will not trigger the Traffic Impact Analysis (TIA) requirement, we still recommend that the applicant have a Traffic Impact Analysis completed considering future development plans. We note that the final number of units, given the D18 zone, could be as high as 270 and include some commercial use. This could have a significant impact on our highway. In the interest of efficiency and avoidance of potentially expensive rebuild requirements, we recommend that the applicant complete the TIA at this time along with any resulting mitigation recommended in the TIA. As previously stated, this current proposal does not trigger our TIA requirement, but we do recommend it at this time. If the applicant chooses not to complete the TIA at this time, then the applicant should be aware that future re-subdivision or development will require a new review including a TIA and mitigation at that time. Finally, for all areas of proposed construction activity that drain towards the DOT&PF ROW, the applicant will need to submit calculations showing that the proposed site conditions will not increase offsite discharges to any DOT&PF infrastructure. In the event that the proposed site conditions will increase offsite discharges to DOT&PF infrastructure, the applicant shall design and implement such Stormwater Best Management Practices that are sufficient to reduce offsite discharges to a level lower than or equal to the existing site conditions. Thanks for the opportunity to comment. Marie Heidemann Transportation Planner Southcoast Region, ADOT&PF 465-1775 From: Jill Maclean [mailto:Jill.Maclean@juneau.org] Sent: Wednesday, November 04, 2015 1:32 PM To: Heidemann, Marie E (DOT) Subject: Re: Minor Subdivision Review - 7400 Glacier Highway 1