DATE:             July 18, 2001

TO:                  Planning Commission

FROM:           Tim Maguire, Planner
                        Community Development Department

FILE NO.:      CSP2001-00009

PROPOSAL: Review of a proposed easement to allow access on Lot1, Blk.2, U.S. Survey 7 A, Amended located at the end of Gastineau Ave.

GENERAL INFORMATION

Applicant:                         Brian and Sara Rairick 

Property Owner:              CBJ

Property Address:            420 Gastineau Avenue, Juneau

Legal Description:            Lot1, Blk.2, U.S. Survey 7 A, Amended addition to the Townsite of Juneau

Parcel Code No.:             1-C07-0-I02-001-0

Site Size:                          14,039 Square Feet

Zoning:                            MU – Mixed Use

Utilities:                           CBJ water and sewer

Access:                           Gastineau Avenue

Existing Land Use: Temporary road way, leased parking for adjacent multi-family housing.

Surrounding Land Use: North - Gastineau Ave.
                                    South - Vacant, Single family
                                    East - Vacant
                                    West - Multi-family housing

BACKGROUND

Brian and Sara Rairick have applied to the Lands and Resources Department for an easement across City property (fraction of Lot 1, Block 2, U.S. Survey 7A, amended) located at the end of Gastineau Avenue. In the near term, the Rairicks’ would like to obtain vehicular and utility access across the City lot to their existing house. The recent construction of the temporary access roadway, in conjunction with the Gastineau Avenue reconstruction project, makes it feasible for the applicants to utilize this CBJ parcel for permanent vehicular and utility access.

The long-term plan for the applicants is to construct multi-family housing on their property. For this planned use, the applicants would like to continue to use a portion of the City lot for access to their property, and possibly for drainage, retaining walls, landscaping, fill, and parking, as well.

As noted in the attached memo from Cynthia Johnson, Lands and Resources Department, dated June 27, 2001, this CBJ parcel abuts three additional private properties that either have access across the City’s lot (Larry Knudson) or are likely to apply for a similar use.

The attached memo from the Lands and Resources Department gives a detailed description of the project, analysis of the request, and recommendation for approval with a number of conditions. In addition, the Assembly Lands Committee reviewed this proposal at their July 16th meeting and recommended approval consistent with the recommendations in this memo.


ANALYSIS

The Lands and Resources Department distributed this easement proposal to the following departments for review and comments: Community Development; Public Works; Engineering; Parks and Recreation; Police; and Fire. The Engineering and Community Development Departments responded pointing out the need to preserve options for construction of a turnaround or possible extension of Gastineau Avenue to Thane Road.

The Lands and Resources Department considered these comments and consistency with adopted plans and programs and the draft Transportation Plan in their analysis of this proposal. Staff agrees with the analysis included in the attached memo, and is summarized as follows:


JUNEAU COASTAL MANAGEMENT PROGRAM (JCMP) REVIEW

The proposed development was reviewed for compliance with CBJ§49.70.900, the Juneau Coastal Management Program. No provisions of the JCMP apply to this proposal.


FINDINGS

The Planning Commission is required to make recommendations to the Assembly regarding any proposed acquisition, disposal, long-term leases or development of land by any CBJ agency. The recommendation is to be based upon the provisions of Title 49, the Comprehensive Plan, and the Capital Improvements Plan. Relative to this mandate the following findings are made:

1. This proposed easement across CBJ lands would comply with the CBJ Land Use Code based upon the potential and proposed uses and upon approval by the Planning Commission of appropriate use permits.

2. This proposed easement complies with the CBJ Comprehensive, i.e., the potential road corridor shown for the extension of Gastineau Avenue on the Juneau Subarea Map 6.

          3. The use of CBJ property for access and utilities will be private development, therefore the CBJ capital improvements plan does not apply. However, the proposed easement would be consistent with possible future development of the site for a cul de sac as identified by Engineering Department, and be consistent with possible future roadway extension for Gastineau Avenue also recommended in the draft Areawide Transportation Plan and considered in the Land Management Plan.

          4.  Expanding the scope of the easement to include other uses, such as parking, retaining walls, landscaping, etc. in absence of a detailed development plan, would be premature.


RECOMMENDATION

Staff recommends that the Planning Commission adopt the director’s findings and recommend approval of the requested easement to the Assembly subject to the conditions as noted in the attached memo from Cynthia Johnson, Lands and Resources Department, dated June 27, 2001.