DATE: February 6, 2002
TO: Planning Commission
FROM: Tim Maguire, Principal Planner
Community Development Department
FILE NO.: SUB2002-00001
PROPOSAL: RSH Subdivision III, a Final Plat to create 26 lots from 3 existing lots, Lots 1,2A, and 3, RSH Subdivision II, in the Lemon Creek area.
Applicant: Aniakchak, Inc.
Property Owner: Aniakchak, Inc.
Property Address: 1890 Anka Street
Parcel Code No.: 5-B12-0-131-001-0, 002-0, & 003-1
Site Size: 15.47 Acres
Zoning: I - Industrial
Access: Anka Street
Utilities: Water & Sewer
Existing Land Use: Contractors Workshop, Storage/Industrial Building, and Vacant
Surrounding Land Use: North – Lemon Creek
South – Various industrial and commercial uses
East - Haul road and scales, Gravel Extraction
West - Various industrial and commercial uses
The proposal is to subdivide Lots 1, 2A and 3 of RSH Subdivision II into 26 lots ranging in lot size from 4,028 square feet to 23,845 square feet to be called R.S.H Subdivision III. The subdivision is to be accessed off an extension of Anka Street and Ralph’s Way. The total area encompassed by the proposed 26 lots is about 15.47 acres.
This proposed final plat has been revised somewhat from the preliminary plat layout. The number of proposed lots has been reduced from 32 to 26, resulting in generally larger lot sizes (See Attachment A).
The major subdivision final plat provisions of the Land Use Code address submittal requirements, approval procedure and commission action are as follows:
CBJ §49.15.440 FINAL PLAT. After completion of all conditions and commission acceptance of the preliminary plat in accordance with conditional use permit procedures, the final plat shall be submitted for review and approval according to the following:
(1) Final Plat Submittal. The final plat may constitute only that portion of the approved preliminary layout with the developer proposes to record and develop at the time of submittal, so long as such portion itself meets the requirements of this title without reference to possible future stages. The final plat shall be prepared by a professional land surveyor, registered in the state of Alaska, shall be filed with the department and shall meet the survey, monumentation, and certification requirements established by the commission by regulation.
(2) Approval Procedure. (A) After acceptance of an application and a final plat the director shall schedule the final plat for commission action. (B) If commission action on the final plat is scheduled to occur more than twelve months after approval of the preliminary plat, public notice of impending commission action on the final plat may be required. (C) The director shall make a recommendation to the commission. The recommendation shall include a description of the manner in which all conditions of the preliminary plat have been met.
(3) Commission Action. The commission shall approve the final plat if the plat substantially conforms to the approved preliminary plat and all applicable conditions have been satisfactorily completed.
Per CBJ §49.15.440 (1), the final plat has been prepared by a professional, registered land surveyor, the plat meets the survey, monumentation and certification requirements of the regulations with completion of the conditions as noted in the Memo from Terry Brenner, dated January 17, 2002 (See Attachment C), and conforms to the approved preliminary plat layout.
Per CBJ §49.15.440 (2)(A-C) The preliminary plat was approved approximately 2 ½ months prior to commission action on the final plat. Advertising notice for the final plat was provided in the Juneau Empire under "Your Municipality" which ran on Friday, February 1, 2001. The analysis that follows shows the 8 preliminary plat conditions adopted by the Planning Commission for SUB2001-00034 (See Attachment C) and a description of how all conditions have been met by the applicant.
No further action is needed on this condition.
2. The applicant shall provide a rehabilitation plan for the stream bank associated with Lot 3 and 2A of RSH II consistent with CBJ §49.70.950 (e) including the removal of debris/abandoned machinery/vehicles, grading and stabilization of banks, related clean up activities, the preservation and restoration of riparian vegetation and approval by the Alaska Department of Fish and Game and Community Development Department. The plan shall be submitted to the Community Development Department and implemented or bonded prior to plat recording.
With regard to Condition 2, a rehabilitation plan and bond were completed in conjunction with the Allowable Use permit, USE2001-00017, for a storage/industrial building on Lot 3. This will satisfy a portion of the condition. In addition, rehabilitation work was also completed on Lot 2A in conjunction with bank protection work. This site has been revegetated according to plans approved by the Alaska Department of Fish and Game.
3. The applicant shall provide a plat note indicating the 100-year flood boundary according to The Federal Emergency Management Agency flood insurance program mapping and that development may be subject to development regulations for flood Hazard. Wording of the plat note is subject to Community Development Department approval.
This plat note has been shown on the final plat.
4. The applicant shall provide a plat note on the final plat that advises Lemon Creek is a designated stream corridor and that development may be subject to Title 49, habitat based setback requirements. The stream setback or ordinary high water boundary should not be indicated on the plat. Wording of the plat note is subject to Community Development Department approval.
This plat note has been shown on the final plat.
5. The developer shall submit plans for utility services and drainage. Any required shall be designed and completed in accordance with the CBJ and other applicable standards, as determined by the CBJ Engineering Department.
As noted above, additional utility improvements are necessary to serve all the lots being proposed. The applicant has met with the Engineering and Public Works Departments and all have agreed on a conceptual plan for providing the necessary services. Rather than construct the utilities at this time, the applicant will bond for their construction. If the development of these parcels results in consolidation of some of the individual lots, then all of the improvements may not be necessary. In that case, the bonding may be reduced accordingly.
6. The final plat shall incorporate the consolidation of Lots 18 through 21 into one parcel.
This lot consolidation has been accomplished with the final plat (Lot 16).
7. Consistent with CBJ §49.35.210 the applicant shall indicate on the final plat the extension of the Anka Street right-of-way to the boundary of Lot 2B, RSH Subdivision II.
The extension of the Anka Street right-of-way is shown the final plat.
8. The applicant shall adjust current lot dimensions, or provide easements, to accommodate a revised parking layout for the building on proposed Lot 9, if necessary.
As proposed with the final plat, the parking for the building on Lot 9 (now identified as Lot 8 on the final plat) will be located on a separate lot. The purpose of this condition was to insure that long term parking for this building is retained. The applicant could either adjust the property lines so the approved parking is on the same lot as the building or show an easement for the parking on the plat.
The applicant has suggested an alternative method to address this condition, a separate written easement parking. The applicant prefers this method because of the possibility of having to amend the plat, if the parking plan were to be revised.
It was also discovered during review of the final plat that the building on proposed Lot 18 is in a similar circumstance. A portion of the approved parking for this building would end up on a separate parcel if this subdivision were approved.
Staff will recommend a condition that addresses retaining long-term parking for both the buildings on Lot 8 and Lot 18, including the option for separate written easement for parking. Any document will need to be approved as to form by the Law Department and recorded with the plat.
The subdivision was reviewed for compliance with the Juneau Coastal Management Program during the preliminary plat review. Provisions for stream habitat were found to apply. There was a condition of approval for the preliminary plat that requires a plat note for stream setbacks and stream bank rehabilitation. A plat note has been shown on the final plat and stream bank rehabilitation completed or bonded for.
The director makes the following findings for the RSH Subdivision III final plat based on the preceding analysis.
1. The final plat meets the submittal requirements of CBJ §49.15.440 (1).
2. The conditions of the preliminary plat have been satisfactorily met.
3. The final plat substantially conforms to the approved preliminary plat.
We recommend that the Planning Commission adopt the director’s analysis and findings, and approve the final plat for the RSH Subdivision III creating 26 lots with the following conditions:
1. The applicant shall insure long term parking (30 years) is provided for the buildings on proposed Lot 8 and Lot 18 either by adjusting the lot lines so all parking is on the same lot as the building, easements shown on the plat, or by suitable written instruments approved as to form by the Law and Community Developments. Any written instruments must be recorded with the final plat.
2. The applicant shall construct, or bond for, any necessary improvements prior to recording of the final plat. The bond amount and conditions for release of the bond shall be approved by the Engineering Department.
3. The applicant shall meet all the conditions listed in the attached January 17, 2002 -memo from Terry Brenner concerning the RSH Subdivision Phase III.