DATE: February 17, 2005
TO: Planning Commission
Community Development Department
PROPOSAL: A Final Plat application for a major subdivision of Spuhn Island , into 38 recreation/residential lots, and three large parcels (See Attachment "A").
Applicant: Spuhn Island Development, LLC
Property Owner: Spuhn Island Development, LLC
Legal Description: Spuhn Island , USS 1965
Parcel Code No.: 3-D13-0-200-001-0
Site Size: 156.87 Acres
Water (Gastineau Channel, Stephens
Passage, Fritz Cove, Auke
Bay , Smugglers Cove)
Existing Land Use: Vacant recreational use
North - Single Family Residential ( Fox Farm Trail Road )
South - Gastineau Channel
East - Fritz Cove
West - Stephens Passage
The Preliminary Plat for this subdivision was approved on June 15, 2004. The Planning Commission also heard the subdivision proposal on May 11 and June 8, 2004. However, both meetings were continued, and no action was taken. The Subdivision Review Committee, and the Wetland Review Board, individually, convened twice to discuss issues surrounding the proposed development. In addition staff and the applicant attended a Neighborhood meeting on April 27, 2004, to discuss the Subdivision proposal.
Both the applicant and the Smugglers Cove Neighborhood Association originally appealed the Preliminary Plat. However, after the Assembly approved Spuhn Island LLC's (Spuhn) method of guaranteeing for the required improvements, the applicant chose to withdraw their appeal, and act as an intervener to support the Planning Commission's decision. On January 19, 2005, the Assembly heard the appeal of this Preliminary Plat, and decided to uphold the Commission's decision and deny the appeal (See Attachment "G")
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. Minor changes to the plat to ensure required accuracy standards have been met, may be required prior to recording.
Per CBJ §49.15.440 (2)(A-C), the preliminary plat was approved approximately 8 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 February 7, 2005; and Public Service Announcements were made on February 2, 2005. The analysis that follows shows the preliminary plat conditions adopted by the Planning Commission for SUB2004-00008 (See Attachment "B") and a description of how all conditions have been met by the applicant.
The Planning Commission approved the Preliminary Plat to be conducted as described in the project description and project drawing submitted with application SUB2004-00008, and with the following conditions. Comments on the applicant’s compliance with these conditions have been provided in bold italic font following each item.
1. Prior to final plat recording, the applicant must install electricity to each lot within the subdivision or guarantee the installation by one of the methods detailed in 49.55.010
On October 11, 2004 the CBJ Assembly approved an agreement between CBJ and Spuhn Island Development, LLC (See Attachment "C"), that guarantees for all required improvements specified in the conditions within SUB2004-00008. This Agreement will be recorded simultaneously with the final plat.
2. Prior to issuance of a building permit each lot within this subdivision shall provide the CBJ Engineering Department a report, prepared by an engineer licensed to practice in Alaska, detailing the feasibility of on-lot sewage disposal. If the CBJ Engineering Department determines that on-lot sewage treatment is feasible then it shall be the only method of disposal allowed on such lot.
This condition requires no action prior to final platting; it is a perpetual requirement of the subdivision.
3. The final plat shall denote the requirements stipulated in condition #2
The Final Plat has included the required reference in "SPECIAL PLAT NOTES: 2." (See Attachment "A"). In addition, the applicant has included this requirement within the Subdivision's CC&Rs.
4. Prior to final plat recording the applicant shall provide five parking spaces for the owners of lots in Spuhn Island Subdivision. The parking spaces will be located within a reasonable walking distance of marine access facilities, located within five nautical miles of Spuhn Island. To guarantee the continued presence of the parking spaces, a deed restriction or some other binding document, must be recorded on the property providing the parking spaces, prior to final plat recording.
Spuhn has negotiated a lease for the required parking spaces,(See Attachment "D"). The commencement date for agreement must be specified prior to final plat recording. The previously referenced agreement between CBJ and Spuhn Island LLC provides the guarantee for the continuation of this requirement (See Attachment "C").
5. Prior to final plat recording the applicant must provide a financial guarantee, as provided for in CBJ 49.55.010, for 25-parking spaces provided as follows:
Providing five additional parking spaces for the owners of lots in Spuhn Island Subdivision within five years of recording of the final plat of Spuhn Island Subdivision.
Providing ten additional spaces within ten years of final plat recording.
An additional ten spaces within fifteen years of final plat recording.
The parking spaces will be located within a reasonable walking distance of marine access facilities located on the mainland. To guarantee the continued presence of the parking spaces, a deed restriction, or some other binding document, must be recorded on the property providing the parking spaces.
On October 11, 2004 the CBJ Assembly approved an agreement between CBJ and Spuhn LLC (See Attachment "C"). This agreement guarantees for all required improvements specified in the conditions within SUB2004-00008. This Agreement will be recorded simultaneously with the final plat.
6. Prior to final plat recording, the applicant shall guarantee, pursuant to CBJ 49.55.010, for the construction of one or two docks or floats, that can accommodate 30 vessels, at least 20-feet long. The construction shall be completed by the earlier of the construction of houses on 19 of the lots in the Spuhn Island Subdivision or five years from the date of the recordation of the final plat of Spuhn Island Subdivision, whichever is earlier. If fewer than ten houses have been constructed by the five-year deadline, the deadline shall be extended until ten houses have been constructed.
On October 11, 2004 the CBJ Assembly approved an agreement between CBJ and Spuhn LLC (See Attachment "C"),that guarantees for all required improvements specified in the conditions within SUB2004-00008. This Agreement will be recorded simultaneously with the final plat.
7. Prior to final plat approval the applicant shall provide the necessary drawings, of the proposed marine facilities, to facilitate an accurate cost estimate.
These drawings have been submitted and reviewed by staff (See Attachment "E").
8. The final plat shall denote an access easement seaward of the tree line on all lots. Such easement is private, and open to traverse only by the Association’s members, and others whose use is authorized by the Association.
On the Final Plat, Special Plat Note # 2 fulfills this condition (See Attachment "A").
9. The Association CC&Rs shall direct that the Association supervise the sewage disposal system on each lot, such supervision to insure periodic inspections by sewage system experts, periodic pump-outs of the individual sewage system tanks and correction of malfunctioning or non-operational systems.
The applicant has included this language within standard 18 of the CC&R document (See Attachment "F"), this document will need to be recorded simultaneously with the final plat.
10. Prior to final plat approval the applicant shall acquire the necessary State and Federal permits, and leases to allow for the proposed docks and utilities within or, on State tidelands. As an alternative to the above requirement, the applicant may provide the necessary easements, and plans, to facilitate the construction and installation of the required improvements, on and within the applicant's property.
The applicant has applied for the required permits but has not yet received them. The necessary easements have been included as Special Plat Notes #5 and #6, on the Final Plat.
11. The final plat shall show the following no disturbance easements :
A fifty foot no disturbance buffer on either side of the perennial stream within Parcel C; and,
A twenty five-foot no disturbance buffer on either side of the same perennial stream located on lots 14 and 15.
A foot trail and associated stream crossings may be constructed and maintained within the easements, but such construction and maintenance shall be done with only that disturbance of land and vegetation within the easements necessary for the trail and stream crossings.
The required easements are shown on the Final Plat, and detailed in Special Plat Note # 4.
12. The final plat shall show all necessary easements to allow CBJ to install electricity and dock facilities if applicant doesn't provide them prior to the requirements stipulated in conditions.
Special Plat Note #5 and # 6, on the Final Plat, grant the required easements
13. The final plat shall denote a no-disturbance zone within the western half of the wetland unit within Parcel C, west of Lots 19-24; provided nothing herein or on the plat shall have any bearing on the question of whether to continue or discontinue the non-disturbance zone in the event of future development of parcel C.
The required easement is shown on the Final Plat, and detailed in Special Plat Note # 7.
The director makes the following findings for the Spuhn Island 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 requested Final Plat for Spuhn Island Subdivision. We further recommend that the approval be subject to the following conditions:
1. Prior to final recording, the plat shall receive a final technical review by the CBJ Engineering Department to ensure the plat is in conformance with required accuracy standards.
2. The commencement date for the parking lease agreement (fulfilling condition #4) must be specified prior to final plat recording.
3. The Subdivision CC&Rs shall be recorded simultaneously with the final plat.