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HomeMy WebLinkAboutWALLACE BROTHERS MOUNTAIN S-6555 DATE: SUBDIVISION CASE REVIEW STAFF ANALYSIS AND RECOMMENDATION November 9, 1982 SITE: 320 acres CASE: S-6555 UPPER CHUGIAK SUBDIVISION (revised plat) Unsubdivided land and subdivided land into 46 lots and 2 tracts LAND USE: Undeveloped SOILS: 63 test holes attached TOPO: Varies with an average ~lope of 37%. VEGETATION: Alpine ZONING: Unrestricted DENSITY BEFORE: AFTER: COMPREHENSIVE PLAN CLASSIFICATION: Alpine INTENSITY: slope affected SURROUNDING AREAS: NORTH EAST SOUTH WEST LAND USE: Chugach State Park ---Undeveloped ..... Ch ug a ch State Park ZONING: ................. Unrestricted ................. FINDINGS: Staff has reviewed the revised plat and the submittal appears, in general, to meet the R-10 zoning requirements should they be applied to this property. The revised pla% was submitted to staff at staff's request for conformance to the R-10 'zoning requirements in relation to the alpine and slope affected classification of the Comprehensive Plan for Eagle River. The plat generally conforms to the R-10 zoning requirements with the exception of Lots 10, 11, 21, 22, 23, 40, and 43, and it appears these lots can meet the strictest application of the acreage and slope requirements with minor modifica- tions or lot combinations. Therefore, staff is making a favorable recommendation for the subdivision application with conditions. RECOMMENDATION: Vacation Approval of the vacation subject to Assembly concurrence and filing a suitable replat within 18 months. Staff Analysis and Recommendation Case No. S-6555 .Page 2 RECOMMENDATION: 'Variances The major variance request is from the requirement for public street dedications. The major concern staff had with this proposal is the continued public access into ~ugach State Park. However, with the redesign as proposed, it grants a public use easement into traditionally used walking trail that would allow the continued use for access into Chugach State Park. Staff would recommend granting approval of the variances to the following sections of the Municipal Code: 21.80.015 - Dedication of Streets 21.80.045 - Cul-de-sacs exceeding 600 feet 21.80.080 - Providing two tiers of lots 21.80.085 - Residential blocks longer than 1320 feet 21.80.100 - Lot width to depth ratio of 3 to 1 21.80.115 - Ail lots fronting a publicly dedicated street Because of the alpine environment o'f this particular piece of property, the conventional subdivision requir~nents are difficult to apply to a property of this nature and staff would recommend that these variances be granted as they would not nullify the intent of the Comprehensive Plan or zoning ordinance. (Sec. 21.80.120 RECOMMENDATION: Plat Staff would recommend approval of the subdivision subject to: / 1. Resolving utility easements. J 2. Resolving drainage and drainage easements with Public Works Engineering. 3. ResOlving al~ avalanche conditions that may affect these lots and placing a note on the plat: "Prohibiting buildings to be erected in any areas that may be affected by avalanche/slide conditions." 4. Entering into a subdivision agreement to construct all interior streets and the access street to rural stan- dards from Eagle Vista Subdivision to the Upper Chugiak Subdivision. 5. Providing creek maintenance easements where required. 6. Providing a soil sedimentation and erosion control plan. 7. Providing the Community Planning Department the ~b-p~'s~~ copy of the homeowners convenance and restrictions that would address road maintenance, structure location on the lots, septic system locations, and other standard convenant and/or restrictions for subdivision development. Staff Analysis and Recommendation Case No. S-6555 · Page 3 8. Providing acceptable soils test for each lot to the Department of Health which will meet their criteria for septic system approval. 9. Resolving the use of the access road from this sub- division back to Eagle Vista Subdivision. This should specifically address the public's ability to use this private easement to gain access into Chugach State Park. 10. Resolving the switchback grade on Cornice Circle and the street grade on Majestic Circle with Public Works Engineering. 11. Resolving the road construction over the existing lake with Public Works Engineering. 12. Resolving the lot size o~ the following lots: 1~, 11, 21, 22, 23, 40, and 43.~.~e lots will be required to meet the R~10 zoning requirements.~_ This plat is the best designed plat for this property that - has ever been before the Platting Board. The plat, with conditions, will comply with the R-10 zoning requirement, and the plat will be in general conformance with the Comprehensive Plan for the Eagle River area. There have been considerable concerns in the past by adjacent property owners, the state, and the developer, and this plat appears to address the majority of those concerns. Carol Creek is protected by the tracting of the property adjacent to that c~eek until further review can take place on that land to ensure the protection of the water quality for Carol Creek. Staff believes that with the tracting of Tracts A and B, the water quality of Carol Creek will not be appreciably affected by the development of this subdivision. In general, it would be extremely desirable for the Platting Board to make findings of fact for the granting of the variances and findings of fact for the subdivision approval and address all issues brought forth at the public hearing. jtw3/npsa2 Chapter 21.15 PROCEDURES FOR OBTAINING VARIANCES, CONDITIONAL USES, SUBDIVISION APPROVAL AND OTHER SPECIAL LAND USE PERMITS Sections: 21.15.010 21.15.020 21.15.030 21.15.040 21.15,050 21.15,060 21.15.070 21.15.080 21.15,090 21.15.100 21.15.110 21.15.115 21,15,120 21.15.125 21.15.130 21.15,133 21.15.134 21.15.135 Procedures for Obtaining Variances. Procedures for Obtaining a Special Flood Hazard Permit. Procedures for Obtaining a Conditional Use -- Appeal, Conditions Enforcement Sign Permits. Land Use Permits Required. [.and Use Permit -- Application. Mobile Home Parks -- Annual Permit Required. Mobile Home Parks -- Annual Permit Application. Mobil Home Park Permit ~ Continuation of Prior Law. Procedure for Obtaining Subdivision Plat'Approval -- Vacations. Preliminary Plat -- Application and Submission Requirements. Preliminary Plat -- Action. Final Plat -- Filing Procedures, Submission Requirements and Conditions. Abbreviated Plat Procedure. Vacations. Street Name Alterations. Commercial Tract Application and Submission Requir.ements Fees. 21.15.010 Procedures For Obtaining Variances A. Authorization. A variance from the provisions of the zoning Or floodplain regulations (Chapters 21.35 through 21.50) may be granted by the Zon- ing Board of Examiners and Appeals. A variance from the provisions of the subdivision regula- tions (Chapters 21.80 and 21.85) may be granted by the Platting Board. Any variance g~;.anted shall be the minimum variance that will make possible a reasonable use of the land. building, or structure equivalent to, but not exceeding, the use of similar land or structures permitted generally in the same zoning districts. A var- iance from the floodplain regulations must be in ' accordance with Section 21.50. B. Application. An application for a variance shall be submitted on a form prepared by the Munici- pality. A request for variance may be initiated only by the property owner or his authorized representative. The applicatio'n must state with particularity the relief sought and must specify the facts or circumstances that are aiieged to show that the application meets the following standards: 21-29 with respect to variances from the zoning regulations: a. special conditions exist which are pre- culiar to the land, structure or building involved.and which are not applicable to other land, buildings or structures in the same district; and b. strict interpretation of the provisions of the Zoning Ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of the Zoning Ordi- nance; and c. special conditions and circumstances do not result from the actions of the applicant and such conditions and cir- cumstances'do not merely constitute pecuniary hardship or inconvenience; and granting the variance would be in har- mony witt~ the objectives of the Zoning Ordinance and not injurious to the neigtl- borhood or otherwise detrimental to the public welfare: and e. granting the variance wilt not permit a use that is not otherwise permitted in the district in which the property lies: and f. the variance granted is the rninimum var- iance that will make possible a reason- able use of the land, building or struc- ture, with resbect to variances to the subdivision regulations: a. there are special circumstances or con- ditions affecting the property such that the strict application of the provisions of the subdivision regulations would clear- ly be impractical, unreasonable or un- desirable to the general public: and b. the granting of the specific variance will not be detrimental to the public welfare or injurious to other property in the area in which such property ia situated: and c. Such variance will not have the effect of nullifying the intent and purpose of the subdivision regulations or the Compreo hensive Plan of the Municipality; and d, undue hardship would result from strict compliance with specific provisions or reduirementa of the subdivision regula- tions. The applicant may supplement the form with supporting documents. Public hearing° The date shall be set for public hearing on trte variance after the application for such is received. Not less than 14 days before the hearing, notice shall be pulSliahed in a news- paper cf general circulation. The property for which the variance ia sought shall be posted, and due notice shall be mailed to parties of interest. "Parties of interest" shelf be construed to be real property owners of record on the Municipal Assessor's records within a 500picot periphery of the property for which a varianceis sought, or trte owners ot the nearest 50 parcels of land, whichever is the g~eater number of par- ties. When a parcel for which a variance ia sought lies within the boundary of an officially recognized community council, the council shall be duly notified at least ~4 days before the public hearing. Standards. Unless otherwise specified by Ordi- nance, the standards to be applied to the con- sideration of a variance request shall be aa set forth in subsection B hereof, Approval. The Board empowered to hear the request for the variance shall conduct an inquiry designed to find whether the standards forissu- ance cf the variance have been met. The Board must make general findings of fact sufficient to support its decision as specified in subsection B h~reot. A concurring vote of a maiorfty of the fully constituted membership of the Board shall be required to grant a variance, in granting any variance each Board may prescribe conditions and safeguards to assure conformity with the purpose and intent of all relevant planning and land use ordinances. Violation of any such con- dition or safeguard when made a part of the' terms of the variance shall be deemed an unlaw- ful act and shall act to suspend the effect cf the variance. Any variance granted shall become null and void if the variance is not, exercised within one year of the date it is granted or if any structure of character of uae permitted by var- lance is moved, altered or discontinued, ~ Appeal. An appeal from a decision of the Plat- ting Board shall be brought in accordance w th Sections 2~.30.0'~0~.100. An a~peal from a decision of the Zoning Board of Examiners shall be brought in accordance with Section 21.30.- 180. (Adapted from GAAB 21.05.080F and 21.10.~ 0~0). 31,15o020 Procedures for Obtaining a Special Flood Hazard Permit. A. Any use, structure or activity listed in the ftood~ plain regulations as requiring a special flood hazard permit is prohibited until the issuance of such permit. Applications for special flood hazard permits may be made to the official administering the floodplain regulations on forms furnished by the Municipality. B. Any application for a special flood hazard per- mit rnuat contain the following material: 1. Elevation in relation to mean sea level, of the lowest floor (including basement) cf all structures; 2. Elevation in relation to mean sea ~evel to which any structure has been ftoodprooted; 3. Certification by a registered professional engineer or architect that the floodprooting methods for any nonresidential structure meet the floodproofing criteria in Section 21,60,065(A); and 4. Oescription of the extent to wi~ich any watercourse will be altered or relocated as a result of proposed de~/elopment. C, Upon receipt of an ap~31ication for a special flood hazard permit, the official shatl transmit 21-30 E. Pursuant to Chapter 3.40 of this code, the municipa. I Oirector of Community Planning may promulgate administrative regulations establish- lng uniform street address numbering technol- ogy and procedures. Regulations adopted shall require all street addresses to conform to approved numbering technology and proce- dures unless unusual or exceptional circum- stances warrant utilization of alternate technol- ogy or procedures. (Ag 81-176). 21.80.070 Pedestrian Walkways. Rights-of-way for pedestrian walkways shatl be required where necessary to obtain convenient pedestrian circulation or to prevent the exposure of pedestrians to hazardous traffic conditions. The right-of-way shall be at least 10 feet wide. (Adapted from GAA6 21.10.0406). 21.80.075 Easemente. A. Location. Easements shall be provided along' rear lot lines and also along side lot lines when necessary for utilities. The minimum width shall be 10 feet along the rear lot line or 20 feet for adjoining lots and a minimum of five feet along the side lot line, or a total'of 10 feet for adjoining lots. The need for easements must be definitely substantiated by utility companies before being required by the Platting Authority. Utilities shall be in public rights-of-way whenever possible. 6. Drainageway. Where a subdivision is traversed by or adjacent to a river, stream, creek, impor- tant surface watercourse, or drainage course, dedicated stream maintenance easements shall be provided, conforming substantially with the line of such stream, and in such width as it is necessary for the purposes of providing access for the purpose of widening, deepening, slop- ing, improving, maintaining, and protecting the stream. Ail easements along a river, stream or creek shall be a minimum of 25 feet wide along each bank as measured from the outside edge of the bed of the stream. In the case of water or drainage courses less than five feet wide at ordi- nary high water, such easements shall be a mini- mum of 25 feet in width, centered on the thread of the stream. (Adapted from GAA6 21,10.- 040C). 21.80.080 6locks -- Arrangement. 6locks shall be designed to provide two tiers of lots, except where lots back onto an arterial street, natu- ral feature or subdivision boundary.. (GAAB 21. 10.040D). 21.80.085 Blocks -- Length. Residential blocks should generally not be less than 300 feet wide nor more than 1,320 feet ~ong. (GAA~ 21.10.040~)). 21.80,090 Blocks -- Design. Blocks shall be designed to minimize the effect of deve{opment on the environment. Environmental factors may be considered as justification by the Platting Authority for variation from any of the standards in Section 21.80.080 and .085 above. (GAA6 21.10.040D). 21.80.09B Lots -- Width, Depth and Area. Lot width, depth and area shall conform to the requirements of the Zoning Ordinance, provided, however, that the following minimum lot dimen- sions shall apply in all cases except for those subdi- visions or portions of subdivisions which are part of or result from a zoning Conditional Use or Planned Unit Development or as covered in Sections 21.80.150-- .175. A. Lot width (corner lots) -- 50 feet, except that corner common wall lots shall have minimum width of 40 feet. B. Lot depth -- 100 feet. (Adapted from GAAB 21.10.040E), 21.80J398 A. Lots ~ Common Wall Lots. A lot allowed for use only as a common wall lot shall be designated on the plat as a common wall lot in conjunction with one adjoining lot. Each pair of designated common wall lots rhay be considered as a single lot for the lot width requirements of the subdivision regulations, except as otherwise noted. No plat shall be approved which contains any designated common wall lot not paired with a second designated lot. Any development of designated common wall lots shall include at least all lots fronting a street between two inter- secting streets or contigious frontage on the street of at least 300 feet. No desiganted com- mon wall lot may be resubdivided except in junction with its paired tot. 21.80.100 Lots -- Width Related to Length. The depth of a lot shell not exceed three times the width as measured at the front building line except 21-169 by variance or unless specifically otherwise pro- vialed for in the zoning Ordinance. (Adapted from GAA~ 21.10.040E). Reserve strips. On privately held reserve strips, controlling access to streets shall be prohibited. (GAAB 21.10.040F, am AC 78-50). 21.80.108 Lets ~ Lot Lines. Side lot lines shal. I attempt to be essentially at right angles to straight streets and radial to curved streets. (GAAB 21.10.040E). 21.80.110. Lots ~ Adlaoent to Nonresidential Features. Residential lots shall not front onto such features as limited access highways, arterial streets or face .such uses as shopping centers er industrial proper-. ties. (GAA~ 21.10.040E), 21.80.115 Lots -- Frontage. All lots shall front a publicly dedicated street except in those cases where the subdivision is part of a Planned Unit Developement. (GAAI~ 2'1.10.040E). 21.80o130 Public Lands ~ Provisions For. PrOvisions shall be made for the'allocation of lands for schools, parka, playgrounds, trails, open space. areas and wetlands designated "preservation" where an officially adopted park, trail, wetland, or school plan exists, and where the said plan depicts the approximate desired location and size of spe- cific school site, park, trail, open space or wetland. (GAAB 21.10.040G, am AC) 78-50, AC 82-335). 21.80.135 Public Lands ~ Designation as Reserve Tract, If a proposed plat encompasses an area designated in an officially adopted parks or school plan as a school park, playground or Open space, the Plat- ting Authority may and if a proposed plat encore- poses a wetland designated for preservation in the Anchorage Wetlands Management Plan. the plat- ting authority shall require that such land be desig- nated as a reserve tract in the proposed plat. A ~ reportfromtheDepartmentofCommuntiyPlanmngli -"'----"~ff~,p containing a letter from the Municipal oepart 21.80.120 Lots -, Environmental Deeigm n~entreaponsiblefortheimplementationcfthespe. ......... _~ .,._ _. ..... cific p an mentioned in Section 21 80 130 shall be ..... ,~ ........ . required to aid the Platting Authority in reaching its development on tne enwronmen~, ,-nvlronmental £~ . factors may be considered as justification for varia~ decmmn, such letter ind caring an intent to attempt tJon from any of the standards of the subdivision regulations, Subdivision design in the R-10 (Resi- dential Alpine/Slope) District shall take into consid- eration known areas susceptible to land slide, mud and earth flow, talus development, soil creep, soli- fluctlon or rock glaciation, avalanche chutes, run- outs or wind blast. Each lot or tract zoned R-10 shall include a building site which is not within such a known susceptible area. The specific factors set forth in Section 21.40o 135 of this Title shall be taken into consideration in any development in the District. (GAAS 21,10.040E, am AC 81-97). 21JI0.125 Screening and Reserve Slripe. A. Screening strip. Planted strips may be required to be placed next to incompatible features such as highways, railroads, commercial or industrial uses to screen the view from or provide a noise or glare buffer for residential properties. Such screens shall be a minimum of 10 feet wide, and may be dedicated as additional roadway right~ of-way or aa an easement on the lots. Such strips shall be planted prior to approval of final plat or shall be included in the subdivision agreement. Maintenance of easements shall be the responsibility of the owners of lots contain- lng the screen. to purchase the land within the 15~month period established in Section 21.80.145. Trails designated on adopted plans shall be dedicated as trail ease- ments. The alignment, width arid scope of use Of such trail easements may be modified from that depicted in the plan aa necessary to integrate trail and subdivision design. (GAAB 21.10.040G. am AC 78o50). 21.80.140 Public Lands -- Special Features. Special,, natural or man-made features of historical significance in a proposed subdivision which en- hance or have unique value to the community may be set aside in a reserve tract for acquisition or voluntarily dedicated to the public, (GAAI~ 21. IO,04OG). 21.80.14S Public Lands -- Time for Acquisition. If a parcel of land is designated as a reserved tract for schools, parks, playgrounds, open spaces or preservation areas, as outlined in Section 2~.80.~35, or as a special feature as described in Section 2'L80.140, the Municipality or any other ~.gency, either pubtic or private, shall have 15 months from the time the plat is filed in which to purchase or otherwise acquire the land for the purpose of prOvid- ing public schools, public parks or playgrounds, public open space, or tot preserving the land as a Municipality of Anchorage MEMORANDUM DATE: TO: FROM: SUBJECT: November 12, 1982 Jerry Weaver, Platting Officer and Platting Board Members Sandra Wicks, Assistant Municipal Attorney Upper Chugiak Subdivision Jerry, you have asked for some legal the Platting Board with regard to the plat which will go to public hearing on November 17, 1982. guidance for yourself and Upper Chugiak Subdivision before the Platting Board Since platting of this property has a complex history and since the composition of the Platting Board has recently changed con- siderably, let me first provide some background before giving my legal opinion. On May 30, 1979 the Platting Board approved a preliminary plat with conditions for Upper Chugiak Subdivision in Case S-5133. This decision was appealed to the Board of Adjustment by the State of Alaska, Skyline Homowner's Association, Inc. and Thillman Wallace. The Board of Adjustment denied all three appeals on February 19, 1980. A Superior Court appeal followed. On August 3, 1982 the Superior Court reversed the actions of the Platting Board and the Board of Adjustment and remanded the matter for further hearings to be held without the par- ticipation of Duncan McLeod as a Platting Board member because of his conflict of interest. The Court order should not be interpreted to require a new hearing on the plat submitted in Case S-5133 if the peti- tioner is no longer interested in pursuing that plat. Any hearing under the remand order, however, must be on the same plat submitted in Case S-5133. If the petitioner is not interested in pursuing that plat, then the court case should be dismissed as moot. I understand that Mr. Wallace, the petitioner in.Case S-5133, has submitted to the Department of Community Planning a plat for the same property as in Case S-5133 and with the same name as the plat in that case, Upper Chugiak Subdivision. You have informed me, however, that in your capacity as Platting Officer, you have made the determination that the plat sub- mitted September 9, 1982(and revised in November 1982) is not the same plat that was submitted in 1979. Therefore, you have 91-010 (5/78) Jerry Weaver and Platting Board Members November 12, 1982 Page 2 assigned it a new case number, S-6555, and have made your review under the currently applicable provisions of Title 21 of the Anchorage Municipal Code. That is the correct procedure. The other reviewing departments and the Platting Board should apply ~he current law to the new plat. AS the original plat from Case S-5133 is not being con- sidered at the November 17, 1982 Platting Board meeting, it is not necessary to decide which law would apply were that plat being considered. SJW:ld Municipality of Anchorage MEMORANDUM DATE: TO: November 17, 1982 Planning Department -.Jerry Weaver FROM: Health and Environmental Protection SUBJECT: S-6555: Upper Chugiak Subdivision - Revised This department has ~eviewed the revisio~ of Upper Chugiak Subdivision(received~ovember 1.5, 1982)~ It is noted the developer has platted tracts in areas with high water table and with slope that will not support on-site sewer systems. This department concurs. However, the department also notes, the soils test were made at the time the water table was at its lowest; November 11, 1973 on the first report and October 11 thru 18, 1982 on the second report. We will require the developer monitor water table levels for a period of time adequate to support on-site systems prior to issuance of an onmsite system permit. The department did recommend, in previous memos, certain drainage setbacks. This should include a 100 foot setback in an area just south of the east-west of Block 1 Swiss Alps Subdivision. No septic systems will be allowed in this 100 foot setback. Also, the 75 foot setback for cutbanks six(6) must be addressed as septic ptorected area. with the increased 10t size. feet or greater This is now feasible Also, as stated in our memo of October 29, 1982 addressing those lots and blocks which did not have soils test or tests that incidate poor soils, such lots will require a soils test in an area delineating 10,000 square feet per lot that is less than 25% slope to show it will support an on-site sewer system. '~John~.~nn --Environmental Specialist JWL/ljw 91-010 (5/78) DATE: TO: FROM: SUBJECT: Municipality of Anchorage MEMORANDUM November 16, 1982 Jerry T. Weaver, Platting and Zoning Hichael Mills, Physical Planning ~[&z/ Comments on Revised Plats S6555 Upper Chugiak The developer has substantially increased the size of the lots from the previous plat in an attempt to meet the density of the R-10 zoning, The R-lO zoning is consistant with the Comprehensive Plan designation of Alpine and Slope Affected. Physical Planning will support the subdivision when the few remaining lots are brought into substantial conformance with R-10 district requirements. MM/da 61-010 (4/76) ~Iovember 15. i982 Pouch 6-650 T~e BOard of Directors of the Chugiak Community Council held a special work~hop on the evening of ?~ov. 15, [982 to discuss Case S-6555 (Upper Chu~iak Subdivision). P~ofessional input by the developer and his eng- ineer given at th~ meeting has substantially altered our undez~tanding of this proposed subdivision. Based upon this workshop, the Board wishes to retract ou~ earlier letter on this case hated Nov. 9, 1982. In this meeting, the Board w~s able to evaluate the proposed remanded plat as presented by the developer and his engineer, The 46 lots now in this subdivision were demonstrated to conform subs~antiall¥ with B-lO zoning stanhards'. The development would now exclude the m~jor portion of the Carol Creek drainage. Based upon this new information, the Chu~iak Board of Directors submits the following comments; !. Comments recieved from Chugiak Fire Chief Caston indicates that emer- gency access to the subdivision will not be a problem b~ed upon road characteristics provided by the developer at this meeting. Response times to the area will be approximately 35 minutes from Chugiak. 2. Based upon new information recieved, it appears that the subdivision as amended complies with the requirements of the R-lC zoning class. 3. Strict adherence and control must be main~.ned so as to insure that each lot within the pz~osed subdivision meets ail soils requirements for "on-site" septic systems. 4. Obse~nce'of minimum "set back" lines is important on all potential surface and subsurface ~ter channels so ~s to avoid possible contamination of Carroll and Plre Creeks. the subdivl.son (lncludi~ 1 mile of the access road) a~e now known to ?. ~ased upon information presented at the Nov. 13 meeting, the need for cohnector roads within %h~ subdivision to improve access for emergency vehicles is not critical. Assuming that the information that the Board ~ecieved is correct as represented, and ~ssuming that the above comments are satisfactorily ~dressed, the Board recommends approval of Case 2-6555° Bespect£ully submitted, ~obert ~, Bennett ~ecreta~y, Chugiak Community Council MUNICIPALITY OF A..CHORAGE POUCH 6-650 ANCHORAGE, ALASKA 99502-0650 (907) 264-4111 05 1-56 1-06 SAUg DGNALD 0 ~ · CARCLINE K SRA BOX 1581D ANCH AK q~SO7 CASE: S-6555 Upper Chugiak Subdivision, Blocks ~-13 with 6 variances and vacetion. PETITIONER: Klondike Alaska. Inc. REQUEST: Resubdivide 11 lots, 2 tracts and an unsubdiv[ded portion of land into 78 lots, vecate (eliminate) eg public right-of-way and easements shown on plat #74-154 Swiss Atps Subdivision and variances from 21.80.015 requirement to dedicate streets, 21.80.045 cul-de-sacs exceeding 600 feet, 21.80,080 providing two tiers of lots within a block, 21.80.085 residential blocks exceeding 1.320 feet, 21.80.100 lot width to length ratio exceeding 3-1, 21.80.115 all lots required ~o front publicly dedicated street. TOTAL AREA: 320 acres LOCATION: East of Eagle River Loop Road and north of Skyline Drive. CURRENT LEGAL: The (E',~ NW'A). (W'/~ NE'/,), Section Thirty-two (32). Township Filteen (15} North, Range One (1) West, Sewerd Meridian, in the Anchorage Recording Oislrict, Third Judicial District. State Ct Alaska, and Swiss Alp Subdivision. Block 1, Lots 1-4; Block 2, Lots 1-7 and Tracts A and B, all located in Section Thirty-two (32), Township Fifteen (15) North. Range One (1) West, Seward Meridian, in the Anchorage Recording Dislrict. Third Judicial District, State of Alaska. CHUGIAK COMMUNITY COUNCIL AND EAGLE RIVER COMMUNITY COUNCIL The Municipality of Anchorage Platting Board will ho'Id a public hearing concerning this matter at 7:30 p.m. November17,1982 in the multi-purpose room at Chugiak High School, Chugiek, Alaska. There will be the only public hearing before the Platting Board on this petition and you are invited to appear and voice your opinion. If you would like to comment on the propo, sed petition, this form may be used for your convenience. Mailing eddress: Munici'pal Plapning Department, Pouch 6-650, Anchorage, Alaska 99502-0650. Further information is available from the Planning Department, telephone 264-4267. ADDRESS: LEGAL DESCRIPTION: ITS: MUNICIPALITY OF ANCHORAGE POUCH 6-660 ANCHORAGE, ALASKA 99502-0650 (907) 264-4111 EL [ZAS~TH SR 387 ~AGLE RiVE~ AK ~577 The Municipality of Anchorage Platting Soard will hold a public hearing concerning this matter at 7:30 p.m. November17,1982 in the multi-purpose room at Chugiak High School, Chugiak, Alaska. There will be the only public hearing before the Platting Soard on this petition and you are invited to appear and voice your opinion. If you would like to comment on the proposed petition, this form may be used for your convenience, Mailing address: Municipal Planning Department, Pouch 6-650, Anchorage, Alaska 99602-0650. Further information is available from the Planning Department, telephone 264-4267. MUNICIPALITY OF ANCHORAGE POUCH 6-650 ANCHORAGE, ALASKA 99502-0650 (907) 264-4111 O50-!.3l-7.2 PC COX 30~g H~MER DEPARTMENT OF h' W 1 6 1982 COM~ ~'~Y PLANNING CASE: S-6555 Upper Chugiak Subdivision, Slocks 1-13 with 5 variances and vacation. PETITIONER: ' Klondike Alaska, Iht, REQUEST: Resubdlvide 11 lots, 2 tracts and an unsubd[vided portion of land into 78 lois, vacate (eliminate) all public right-of-way and easements shown on plat #74-154 Swiss Alps S~bdivision and variances from 21.80,015 requirement to dedicate streets. 21.80.045 cul-de-sacs exceeding 600 feet, 21.80,080 groviding two tiers of lots within a block, 21.80.085 residential biocks exceeding 1.32g feet, 51.80.100 lot width to length ratio exceeding 3-I, 21.80.115 all lots required to front publicly dedicated street. TOTAL AREA: 320 acres LOCATION: Easl of Eagle River LOOp Road and north of Skyline Orive. CURRENT LEGAL: The (E~ NW%), (W',~ NE~/,), Section Thirty-~wo (32). Township F~fteen (15) North, Range One ( 1 ) west· Seward Meridian· in Ibc Anchorage Recording District, Third Judicial Oistrict~ State of Alaska, and Swiss Alp Subdivision, SIock 1, Lots 1-4: Slook 2, Lots I-7 and Tracts A and S. all located in Section Thirty-two (33). Townsbi[0 Filteen (15) North. Range One (1) West, Seward Meridian. i~ the Anchorage Recording District, Third Judicial District, State of Alaska. CHUGIAK COMMUNITY COUNCIL ANO F~GLE RIVER COMMUNITY COUNCIL The Municipality of Anchorage Platting Board will hold a public hearing concerning this matterat7:30p.m. November17,1982 inthemutti-purposeroomatChugia~(HighSchool, Chugiak, Alaska. There will be the only public hearing before the Platting Board on this petition and you are invited to appear and voice your opinion. If you would like to comment on the proposed petition, this form may be used for your convenience. Mailing address: Municipal Planning Department, Pouch 6~650, Anchorage, Alaska 99502-0650. Further information is available from the Planning Department, telephone 264-4267, ADDRESS: LEGAL DESCRIPTION: COMMENTS: MUNICIPALITY OF ANCHORAGE POUCH 6-650 ANCHORAGE, ALASKA 99502-0650 (907) 264-4111 CASE: S-6555 Upper ChugiaR SuPdlviaIon, Blocks 1-13 wiB1 6 variances and vacation. PETITIONER: KIondlRe Alaska, Inc, REQU EST: Resubdlvlde 11 rots, 2 Itacts and an unsu bdlvided per tloll of rend into 78 lots, vaca[e (eliml nale} The Municipality of Anchorage Platting Board will hold a public hearing concerning this matterat7:30p.m. November17,1982 [nthemulti-purposeroomatChugiakHigh$chool, Chugiak, Alaska. There will be the only public hearing before the Platting Board on this petition and you are invited ~;o appear and voice your opinion. If you would like to oomment on tho proposed petition, this form may be used for your convenience. Mailing address: Municipal Planaing Department, Pouch 6-650, Anchorage, Alaska 99502-g850, Further information is available from the Planning Department, telephone 264-4267. NAME: MUNICIPALITY OF ANCHORAGE POUCH 6-650 ANCHORAGE, ALASKA 99502-0650 (907) 264-4111 FAUST HGHER CABE: E-6555 Upper Chugiak Suririivision, Blocks 1-13 with 6 variances and vacation. PETITIONER: KIonriike Alaska, Inc. REQUEST: Resubdivide 11 lots, 2 tracts and an unsubdivided portion of lanriinto 78 lots. vacate (eliminate) all public ~'ight-of-way and easernetlts show~l On ~31a{ ~74-154 Swiss Alps Subriivision and TOTALAREA; LOCATION: CURRBNTLEGAL; The Municipality of Anchorage Platting Board will hold a public hearing concerning this matterat7:30p.m. November17,1982 inthemulti-purposeroomatChugiakHighSchool, Chugiak, Alaska. There will be the only public hearing before the Platting Board on this petition and you are invited to appear and voice your opinion. If you would like to comment on the proposed petition, this form may be used for your convenience. Mailing address: Municipal Planning Department.Pouch 6-650, Anchorage, Alaska 99502-0650. Further information is available from tt~e Planning Department, telephone 264-4267. NAME: AODRESS: LEGAL DESCRIPTION: COMMENTS: MUNICIPALITY OF ANCHORAGE POUCH 6-650 ANCHORAGE, ALASKA 99502-0650 (907) 264-4111 JCHNSCN FC6T C RCSEH~RY EAGLE R[VE~ AK ~577 The Municipality of Anchorage Platting Board will hold a public hearing concerning this matteratT:30p.m. November17,1982 inthemulti-purposeroomatChugiakHighSchool, Chugiak, Alaska. There will be the only public hearing before the Platting Board on this petition and you are invited to appear and voice your opinion. If you would like to comment on the proposed petition, this form may be used for your convenience. Mailing address: Municipal p!anning Department, Pouch 6-650, Anchorage1 Alaska 99502-0650. Further information is available from the Planning Department, telephone 264-4267. NAME; AOORE$$'. LEGAl, DESCRIPTION: COMMENTS: MUNICIPALITY OF ANCHORAGE POUCH 6-650 ANCHORAGE, ALASKA 99502-0650 (907) 264-4111 THE g-J CCRP · -PO' 'EX 456 EAGLE RIVER AK ~9577 CASE: E-6555 Upper Chugiak Suhdivision, Blocks 1-13 with 6 variances and vacation1. PETITIONER: Klondike Alaska, thc, REQUEST; Resubdivide 11 lois, 2 tracts and an un8ubdivided portion of lalld into 78 lots, vacate (eliminate) alt public right-of-way and easements shown on plat #74-154 Swiss Alps Subdivision and variances from 21.3g.015 requirement to dedicate streets, 21.80.043 cul-de-sacs exceeding 60g feet. 21.80.080 providing two tiers of lots within a block, 21.30.085 residential blocks exceeding 1,320 feet, 21.80.100 lot width to length ratio exceeding 3-1.21.80.115 all lots required to front publicly dedicated street. 320 acres East of Eagle River Loop Road and nor[h of Skyline Drive, The (E~/z NWV,), (W½ NE~). Section Thirty-two (32), Township Pif{~en (15) Norlh. Range One {1) West, Seward Meridian, in the Anchorage Recording 13ist dct, Third Judicial I~lstrJct, State of Alaska, and Swiss Alp Su bdlvision, Block 1. LOIS 1-4: Block 2, Lots 1-T and Tracts A and S, all located in Section Thlr[y-lwo (32), Townehip Fifteen (15) North, Range One (1) West, Seward Meridian, in the Anchorage Recording District, Third Judicial Bistrict. State of Alaska. CHUGIAK COMMUNITY COUNCIL ANO EAGLE RIVER COMMUNITY COUNCIL TOTAL AREA: LOCATION: CURRENT LEGAL; The Municipality of Anchorage Platting Board will hold a public hearing concerning this matterat7:30p.m. November17,1982 inthernutti-purposeroornatChugiakHighSchool, Chugiak, Alaska. There will be the only public hearing before the Platting Board on this petition and you are invited to appear and voice your opinion. If you would like to comment on' the propc ! petition, this form may be used for your Convenience. Mailing address: Municipal PI~ ~ng Department, Pouch 6-650, Anchorage, Alaska 99502-0650. Further information is available from the Pis ,rog Department, telephone 264-4267. NAME; ADDRESS: ~. LEGAL DESCRIPTION: P. O. Box 2994 Homer, Alaska 99603 October 16, 1982 RECEIVED Tony Knowles, Mayor Municipality of Anchorage Hill Building Anchorage, Alaska 99501~ Dear Tony: We regret having to bother you about a problem in Eaale River, but since it involves a serious precedent concerning~hillside development and since you are familiar with itjwe feel compelled to call it to your attention with hopes that your guidance of the planning staff and Platting Board will bring about a reasonable resolution to a situation that has festered for 9 years. Once again Till Wallace is attempting to g~in approval of the Swiss Alp (now called Upper Chugiak) Subdivision, and again most of the lots are entirely too small for the fragile area he is planning to.develop. This subdivision was first presented in 1973, and this is the fifth time it is being'considered. As you know, the case involves considerable acrimony-and has spawned four law suits, two of which involved our homeowner's association and the ~tate against the Municipality. We prevailed in all cases and just 2 months ago filed for attorney's fees for the latest decision involving conflict of interest by a Platting Board member. As you remember, we took you up to the proposed subdivision when you were on the Assembly to reveal why this steep 320-acre parcel above timberline could not support the density envisioned._ In 1976 the Assembly overturned the Platting Board's approval of Swiss Alp and directed that the minimum lot size be 5 acres, which conforms to surrounding areas below this site which are zoned R-8. Dave Rose also correctly stated that'the ~undamental reason for the controversy was because the land had never been zoned. Wallace ignored the minimum lot size and other stipulations made by the Assembly and later resubmitted a similar plat with a different name (Upper Chugiak). The legal staff construed that since it was a "new" plat the former conditions required by the Assembly no longer applied. The current plat, wh~ch'i's the same as the last one we went to court over, has 78 lots, most of .which range between 1 and 2 acres. Although the Eagle River Comprehensive Plan and the Slope and Alpine Development Ordinance have been enacted since submission of the first Upper Chugiak plat, this land is still unzoned. Therefore, no reasonable minimum lot size exists, and the p~nning staff may again recommend approval subject to con- ditions. Minimum lot size is critical in this terrain, and P~age 2 approval for a subdivision should be granted only after additional soils test, protection of Carol Creek, and other conditions have been met. Obviously this matter should be laid to rest, but in the past Wallace has had considerable sympathy for his "heroic'~ (as Don Smith put it) efforts to get his way by repeatedly bringing essentially the same plat back again. Sure~y a developer should not be rewarded for such recalcitrance. ,Unfortunately some individuals in the Municipality also have taken criticism · and court rebukes regarding this ca'se personally, which has caused animosity towards Skyline Homeowner's Association. Upper Chugiak is. scheduled before the Platting Board on November 17, and if the staff recommends denial with specific minimum lot sizes and other safeguards, the subdivider will finally be . forced to accede to the conditions for an acceptable plat. From the very onset of this dispute the issue has not been whether Mr. Wallace .has a right to develop his land, but rather how it is done. We surely would appreciate your looking into this case and providing direction to your staff. 'Chip Dennerlein was co-plaintiff for the State with us and is thoroughly familiar with the matter. Hopefully with proper unequivocal direction this serious dispute can come'to an end. We both still have a house and other proper~y in Eagle River and remain much concerned with development in.Anchorage's sensitive watershed areas. We certainly are heartened by the needed change in style and substance of your administration. Hope to see you in Homer sometime. Very sincerely, Edgar Bailey Nina Faust MEMORANDUM DATE: TO: November 17, 1982 Planning Department - Jerry Weaver FROM: Health and Environmental Protection SUBJECT: S-6555: Upper Chugiak Subdivision - Revised This department has reviewed the revision of Upper Chugiak Subdivision(received November 15, 1982). It is noted the developer has platted tracts in areas with high water table and with slope that will not support on-site sewer systems. This department concurs. However, the department also notes, the soils test were made at the time the water table was at its lowest; November 11, 1973 on the first report and October 11 thru 18, 1982 on the second report. We will require the developer monitor water table levels for a period of time adequate to support on-site systems prior to issuance of an on-site system permit. The department did recommend, in previous memos, certain drainage setbacks. This should include a 100 foot setback in an area just south of the east-west of Block 1 Swiss Alps Subdivision. No septic systems will be allowed in this 100 foot setback. Also, the 75 foot setback for cutbanks six(6) feet or graater must be addressed as septic ptorected area. This is now feasible with the increased lot size. Also, as stated in our memo of October 29, 1982 addressing those lots and blocks which did not have soils test or tests that incidate poor soils, such lots will require a soils test in an area delineating 10,000 square feet per lot that is less than 25% slope to show it will support an on-site sewer system. John W. Lynn Environmental Specialist JWL/ljw 91-010 (5/78) / ' n clpallaty o[ Anchol age MEMOHANDUM DATE: TO: FROM: SUBJECT: October 29, 1982 Planning Department - Jerry Weaver Health and Environmental Protection S-6555: Upper Chugiak Subdivision The department will address slopes along Carrel Creek as the first concern. Lots in Block 11 have slopes that are not suitable for on-site sewer systems. The lots bordering Carrel Creek range in slope from 26% to 64% and this slope percentage will not support on-site sewer systems and must be traced. The department recommends Block 11 be tract in this manner; incorporate Lots 4, 5, 11, 12, 13, 14 and 15 Block 11 into a tracted. The next concern is the water table in Block 12. This block is forming a subsurface basin and must be addressed as saturated soil. With the saturated soils and slope conditions of 36% to 45% to Carrel Creek, the department recommends all of Block 12 be a tract. Also, the department understands that the artesian well, located in the south portion of Block 12, is to be used for public water. This will call for a water well protection radii of 200 feel and will encumber a good portion of Lot 1 Block 12. The department is aware of a drainage between Block 12 and the Swiss Alp Block 1 containing four(4) lots. The natural drainage flows directly to Carrol Creek an~ this drainlng must have the same 100 foot sewer protection setback as a creek. Addressing Block 1 Lots 1 thru 8: Lot 1 has a water table at five(5) feet. Lot 2 does not have a soils log. Lot 3 soils test shows a percolation rate of 80 minutes/inch, which will not support an on-site sewer system. Lots 4 and 5 do not have a soils test. Lot 6 soils test indicates a rating of GP/ GM percolation of 18 minutes/inch. Lot 7 does not have a soils test. Lot 8 has a water table at ten(10) feet. The deparhnent reconm~ends Lots 1, 2, 3, 4 and 5 be tested and submit additional soils test and delineate 10,000 square feet less than 25% slope that will support on-site sewer systems per lot and slope setback for Lots 6, 7 and 8. The setback will use a good portion of Lot 7, therefore, combining Lots 7 and 8 will be recommended. Lots 5, 6, 7 and 8 Block 2 will need to be tracted. 91 010(5/78) Planning Department October 29, 1982 Page Two Ail other lots and blocks that do not have soils test will require a soils test and an area delineating 10,000 square feet per lot that is less than 25% slope that will support on-site sewer systems. Also, any lot having a six{6) foot cutbank or greater must have 75 foot setback from the cutbank, if on-site sewer systems are proposed for said lot. John W. Lynn Environmental Specialist JWL/ljw May 14, 1979 Don Alspach - Planning John Lynn, Environmental Specialist, Upper Chugach Subdivision (Proposed) DHEP This Department has reviewed opinions on Subject and finds no information to intelligently analyze the possibility of subdividing this area based on a normal process regarding the safety and assurance of no possible contamination to Carroll Creek° So, let's look at facts on hand. We know there are percable materials widespread in the 127 acres. We are also aware of outcroppings and shallow bedrock, with traces of high water table with slopes greater than 25% which are not usable for on-site septic systems. The above facts suggest to the Department that on-site septic systems are feasible, but each lot, regardless of its size - whether 10 Acres or ~ Acre lot, must have a tailored sub-surface investigation on each of these lots to determine the ability to support on-site septic. Let us not forget, as we have discussed in the past, the possibility of a treatment plant to handle domestic wastes in areas that cannot support septic systems or any suspicion of same. Obviously, con, unity water is an asset to this project and will contribute greatly toward the efficiency of septic systems, without threat of contamination of individual water wells. Further, Density is a very important factor for this area. At this time, the Department cannot support 8-Plex on lots with this limited information. A Single Family dwelling is more in line for any lot prior to additional engineering and subsequent re-design of phases of this subdivision. John w. Lynn Environmental Specialist JWL:lmp II~6 :~UNICIPALITY OF ANCHORAGE~ Department of .Health ~ Environmental rrotection Environmental Health Division Case Review Worksheet S-6555 September 27, 1982 October' 29, 1982 Subdivision or Project Title: Upper'Chugiak Subdivision - Revised Topography and Test Holes ( ) Public water available ( ) Public sewer available ( ) Community water available Comments: Note: See case ~S-5133