DATE: July 5, 2001
TO: Planning Commission
FROM: Tim Maguire, Planner
FILE NO.: SUB2001-00025
PROPOSAL: A street vacation of Rodenburg Way a public right-of-way located between Boroff Way and Carroll Way in the 7A Addition to the Townsite of Juneau.
Applicant: Channel View Inc.
Property Owner: Trucono Cont. Inc, M. Bonnet & D J Woodie, and Larry & Eloise Knudsen
Property Address: Rodenburg Way
Legal Description: Rodenburg Way
Parcel Code Number: 1-C07-0-I01-002-0, 003-1, 004-0 and 1-C07-0-I02-008-0
Site Size: Approximately 110 Feet of right of way
Zoning: MU, Mixed Use
Utilities: CBJ Water and Sewer Services
Access: Boroff Way and Carroll Way
Existing Land Use: Vacant
Surrounding Land Use: North Single-family, Multi family Residential
The owners of Lots 2A, 3, and 8 are requesting that the existing Rodenburg Way be vacated. This is a 5-foot wide right of way that extends from Boroff Way to Carroll Way (See Attachments A). Currently there are no improvements in this right of way. A residence was formerly located on Lot 8, and a portion of the Rodenburg right of way may have been used to access the site.
The purpose of this request to vacate Rodenburg Way is to allow Lots 1, 2A, 3, and 8 to be replatted into 3 parcels, Lot 1A, 2A1, and 3A. With the right of way vacated, Lot 8 can be attached to the three adjoining lots creating larger parcels, and in the case of proposed Lot1A a more buildable site (See Attachments B).
Also included in this proposed replat is the relocation of a portion of right of way on the uphill side of Lots 2A1 and 3A. Both these parcels include single family dwellings. This relocated right of way will allow Lot 3A to continue to have access from a public right of way, but will not extend to Boroff Way.
Requests to vacate public right way are decided by the Planning Commission. If the request is approved the applicant must submit an amended plat that reflects the inclusion of the vacated right of way into the adjoining properties.
Right of ways are dedicated to the public for public purposes, including access and utilities. The issue with this and any other vacation request is whether the right of way should be retained for public uses or whether it can be released for private development.
In the case of Rodenburg Way, the question is whether this right of way is needed for future use.
CBJ Engineering, Public Works, Parks and Recreation, Fire Department, Police Department and Lands and Resources were contacted and asked for comments regarding the public need of this right-of-way. The CBJ Engineering Department reports that there are no utility lines in the right of way or are there any planned to cross the site of this proposed street vacation. CBJ staff has no objection to vacating this right-of-way. (See Attachment C)
As noted above, vacating Rodenburg Way would land lock Lot 2A1. According to the platting code, all lots must have frontage on a public right of way.
To meet this requirement the applicants are platting a new 5-foot access to the site directly from Carroll Way on the uphill side of Lots 2A1 and 3A. The proposed vacation of Rodenburg Way is therefore contingent on this replat being completed. Completion of the replat will be made a condition of approval.
The proposed development was reviewed for compliance with CBJ §49.70.900, the Juneau Coastal Management Program. The analysis reveals that the JCMP is not applicable to this development.
After review of the application materials and the CBJ Land Use Code the director makes the following findings:1. The request meets the submittal requirements of the CBJ Land Use Code and a majority of the owners of the front footage of the street signed the application according to CBJ§49.15.450(A)
2. The director has published the street vacation request in the municipal advertisement of the Juneau Empire, sent property owner notices to abutting properties within a 500-foot radius of the site and verified that a public notice sign was posted on site. Public notice was provided in compliance with CBJ§49.15.230, Public Notice.
3. The Land Use Code according to section §49.15.460(5) (A) requires all lots have frontage on a public right of way. This requested vacation and code requirement can be accommodated with the condition of approval for recording the proposed replat.
4. There have been no other current or future public needs, including utilities, that have been identified for this public right of way.
We recommend that the Planning Commission adopt the director's findings and approve the request to vacate Rodenburg Way, a public right-of-way located between Boroff Way to Carroll Way in the 7A Addition to the Townsite of Juneau, subject to the following conditions:
2. That the CBJ Engineering Department approves the final vacation boundaries, prior to plat recording.
3. The applicant shall prepare an Order of Street Vacation in accordance with CBJ §49.15.450(E) to be filed with the replat.