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VA001-21Chatanika
DrivePacket
KITTIWAKE DR
GOLD
DUST DR
BALLAINE RD
YANKOVICH RD
CHATA
NIKA DR
COLLEGE HILLS
VALLEY HI EST
COLLEGE HILLS
R LEONARDHOOD SHARMA
EYINCK
EYINCK1ST ADD
3820 39
40
10A
14
25
10B
K
14A
2
D
10
11
26
1
29
H
2
3
4
27
3
4
12
9
2
3
F
A
2
TL‐3103 TL‐3112
KITTIWAKE DR
SANDPIPER D
R
CHEECHAKO DR
WESTO
N DR
FAIRWAYDR
YANKOVICH RD
BALLA
INE R
D
BALLA
INE R
D
CHATA
NIKA DR
91.85
VALLEY HI EST W
COLLEGE HILLS
SAMIEL
PARTHASARATHY
HEGDALPROPERTY
22
30
15
1
3
65
1
2
7
8
I
C
1
15
28
2
16
12A
3
O B
3
4
1A
44
31
G
2
1
3
2
1A
8
5
6
24
J
4
42
1
45
WV 003‐78
94‐18P
Q
E
2000‐134
64‐6558
TL‐3022
TL‐3035
RP 016‐00
79‐224W
2011‐084
69‐7589
2011‐084
2011‐008
VALLEY‐HI DR
71‐8109
65‐6814
TL‐3032
TL‐3104 TL‐3111 TL‐3113
AUKLET PL
7
13
1
TL‐3020
2TL‐30
TL‐3025
TL‐3102
TL‐3019
21
TL‐3030
43
N
11
M
23 41
2
NTE
SALISBURY SCHAIBLE
SCHAIBLE
2A
1
2011‐084
186.466
2020‐17
BA
LL
AIN
E R
D
YANKOVICH RD
KITTIWAKE D
R
GO
LD
DU
ST
DR
SA
ND
PIP
ER
DR
AU
KLE
T P
L
FAIRWAY DR
FAIRWAY DR
VA001-21Chatanika
DriveStaff
Report
COMMUNITY PLANNING
[email protected] Main: (907) 459-1260
Fax: (907) 459-1255
Fairbanks North Star Borough
907 Terminal St. Fairbanks, AK 99701 PO Box 71267, 99707 Website: fnsb.gov Facebook: @FNSBGov
STAFF REPORT
To: Fairbanks North Star Borough Platting Board Through: George Stefan, Platting Officer IV
Department of Community Planning From: Billy Cardentey, Platting Officer IV
Department of Community Planning Date: June 21, 2021 Subject: VA001-21 Chatanika Drive: A request by 3-Tier Alaska, on behalf of
Raymond Brooks, Catherine A. Brooks and Charles Hegdal to vacate a 40ft wide by 201 ft long portion of Chatanika Drive between Lot 2, Eyinck Subdivision, and Lot 2, R. Leonard Property.
Location: The property is located within the S½ SW¼ Section 30, T.1N., R.1W., F.M., on Chatanika Drive.
I. REQUEST SUMMARY
The applicant's representative submitted a public right of way vacation application to vacate a 40' wide by 201' long strip of Chatanika Drive, north of the 50' radius turnaround easement reserved by Plat No. 2011-81. The purpose of the vacation is to vacate a portion of the Chatanika Drive right of way between Lot 2, Eyinck Subdivision and Lot 2, R. Leonard Property. The applicant will be creating a 20ft wide non-motorized public access easement centered on the proposed vacated area.
The preliminary plat graphic is shown below (Figure 1).
1 Attachment 1: Plat No.2011-8
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Figure 1: Preliminary Plat Graphic
II. GENERAL INFORMATION Property Owner(s) Raymond Brooks and Catherine A. Brooks
P.O. Box 60715 Fairbanks, AK 99706 Charles Hegdal P.O. Box 82790 Fairbanks, AK 99708
Applicant 3- Tier Alaska 326 Driveway Street, Suite 102 Fairbanks AK, 99701
Existing Land Use Lot 2A Eyinck Subdivision – General Residential Hillside Lot 2A R. Leonard Subdivision – General Residential Hillside
Current Zoning Rural Residential District (RR) Lot area. Lot area shall not be less than 40,000 square feet. Setback requirements:
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Front, Side, and Rear yard shall not be less than 25 feet. Comprehensive Plan Perimeter Area Preferred Residential Land (100%), Perimeter
Boundary (100%) Soils Fairbanks Soils Flood Zone Flood Zone X: Protected by Levee (100%) Road Service None Fire Service University
III. PROPERTY HISTORY Lot 2, Eyinck Subdivision, was created on January 18, 2011, by Plat No. 2011-8 (Attachment 1). Lot 2, R. Leonard Property, was created on November 2, 1959, by Plat No. 194.239 (Attachment 2). The properties have not undergone any platting changes since they were created. IV. LEGAL ACCESS AND FRONTAGE Chatanika Drive is a public road that ends at the northern boundary of the lots mentioned above. The road is not in a road service area, and it doesn't connect to any other public road. The lots will continue to use the remaining Chatanika Drive to provide legal access2 and constructed access3 as approved by the parent plats Eyinck Subdivision and Leonard Property. An aerial image of the subdivision area and existing lot configuration is shown below (Figure 2).
2 Satisfies FNSBC 17.56.020(F)(2) 3 Satisfies FNSBC 17.56.060(A)
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Figure 2: 2020 Aerial Image
V. FLOOD ZONE
The request is located in Flood Zone X: Protected by Levee (100%) VI. PUBLIC NOTICE The Community Planning Department notified eight parcels and mailed eight "Dear Property Owner" notices prior to July 7, 2021. VII. FNSB IN-HOUSE REVIEW
Transportation Planning: Community Planning—Transportation has no objection to the vacation of this portion of Chatanika Drive. This right of way has become obsolete due to continuing development blocking any connections this extension may make. Based on that, this ROW is no longer needed. There are no road plan connections in the area that this vacation would impact. The Non-motorized public access easement connection being created in the ROW that is being vacated makes a needed trail connection for the area. (D Galligan, Transportation Planner IV.) Street Addressing: Addressing: Both sites in the platted area are correctly addressed. Street Naming: This plat proposes no new street names. (K Streeter, GIS EM Services Tech I.)
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Public Works Engineering: No comments from PW. (D Bredlie, Public Works Director) Zoning: Current Planning has no objections to this plat request. Both lots are within the Rural Residential (RR) zone and would continue to exceed the minimum lot size of 40,000 square feet. No zoning permits have been obtained for either lot. Title 18.104.080(B) requires property owners to receive a zoning permit before any excavation, construction, relocation, or installation is started for a new use. Since we have no record of the primary use of these lots, both property owners should apply for a zoning permit for all structures and use on each lot to ensure the development's conformance with the RR zoning district. (S Bingham, Planner II.) Flood: VA001-21 is located in Flood Zone X (100%) and is not required to meet FNSBC 15.04 Floodplain Management Regulations. (N. Durham, Floodplain Administrator.) Rural Services: Rural Services has no comment on the proposed vacation. (F Sheesley, Rural Services Engineer.) Assessing: No comment from Assessing. (Brenda Holladay, Title Examiner.) VIII. AGENCY AND UTILITY REVIEW GCI: No objections. ACS: No objections. GVEA: Golden Valley Electric Associates, Inc. has no objections to the approval of the above preliminary plat, as submitted on March 29, 2021, by 3-Tiers Alaska with the following provisions:
1) GVEA requests a review of the final plat prior to approval. IGU: Interior Gas Utility has no conflict with the above-referenced replat as submitted on 3/29/2021.
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Vacation Request FNSBC 17.32.030(E)(1) provides the main premise for a public ROW vacation request, specifically that the platting board shall deem the area being vacated to be of value to the municipality. FNSBC 17.32.030(E)(1) states, The platting board shall consider the merits of each vacation request and in all cases the platting board shall deem the area being vacated to be of value to the municipality. It shall be incumbent upon the applicant to show that the area proposed for vacation is no longer practical for the uses or purposes authorized or that other provisions have been made which are more beneficial to the public. The applicant provided a written narrative in support of the vacation application. Applicant:
"This narrative is in support of the requested vacation of a portion of Chatanika Drive. What is now known as Chatanika Drive was created by the R. Leonard Property Subdivision (Inst. #194.293 F.R.D.) The Easterly 20 feet was owned by Leonard, and the Westerly 20 feet was owned by Eyinck. This allows for the existing 40-foot Right of Way to revert to the current owners, each receiving 20 feet of the Right of Way. The three lots North of the Northerly Boundary of the subject parcels are part of College Hills Subdivision, Plat No. 69-2533 F.R.D, or (in the case of Lot 10B), the Replat of Lot 10 College Hills Subdivision, Plat No. 2000-134 F.R.D. These lots are accessed from Ballaine Road, via Kitiwake Drive, and directly by Auklet Place. Along the Southerly Border of the College Hills Lots is a 20' Easement for Utilities, Ski, and Bridle Trails only. Per the note on the College Hills Subdivision, Plat No. 69-2533 F.R.D, vehicular access across this easement is prohibited. This restriction is part of an Easement note on the College Hills Subdivision Plat. Given that note, there cannot be vehicular access from Chatanika Drive to the Lots in College Hills Subdivision. This leaves the portion of Chatanika Drive that is the subject of this vacation to be neither practical (or needed) for roadway purposes. Any vehicular traffic across the easement would be in violation of the notes on the College Hills Plat. As well, vehicular traffic across the easement could potentially create conflict and/or unsafe situations for recreational users (of the easement). To provide public access to the above mentioned 20' ski and Bridle easement, a 20' wide Nonmotorized Public Access Easement is reserved in this Vacation request. This will allow uninterrupted non-motorized public access from Chatanika Drive to the Bridle/Ski Easement. Also, no access on any other lot is affected by
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this vacation, and the 50' Turnaround easement shown on Lot 2 Eyinck Subdivision, Plat #2011-8 F.R.D will remain as currently platted. In closing there are two main points to support this vacation. One is that the portion of Chatanika Drive which is the request of this vacation is not needed because no vehicular traffic can cross over the Bridle and Ski Easement into College Hills Subdivision. Secondly is that Public access to the above-mentioned Bridle and Ski easement has been provided for by the Non-motorized Public Access Easement proposed as part of this vacation application."
IX. VACATION ANALYSIS As provided in the above-written narrative by the applicant's surveyor, Chatanika Drive cannot connect to other roads within, or provide vehicular access to the adjacent subdivision, College Hills Subdivision, Plat No. 69-2533 F.R.D (Attachment 3). By plat note, College Hills Subdivision prohibits driveways and vehicular access across the Ski and Bridle easement that abuts the terminus of Chatanika Drive shown by a dashed line type. Below is a 2020 Aerial Image with overlaid Plat No.69-2533 (Figure 3) showing the Ski and Bridle Easement notes.
VA001-21 Page 8 of 18
Figure 3: 2020 Aerial Image with overlaid Plat No.69-2533
This restriction is part of an Easement note on the College Hills Subdivision plat. Given that note restriction, there cannot be vehicular access from Chatanika Drive to the lots in College Hills Subdivision. This leaves the portion of Chatanika Drive that is the subject of this vacation no longer practical for the authorized purposes as a public roadway. Moreover, Lots 8 and 9 College Hills Subdivision and Lots 10B and 10A of the Replat of Lot 10 College Hills Subdivision, Plat No.2000-134 F.R.D., (Attachment 4) have access from Ballaine Road, a state-maintained roadway, via Kittiwake Drive, and directly by Auklet Place. Therefore, the partial vacation of Chatanika does not appear to have any access impact on the lots mentioned above. Furthermore, to continue public access to the existing Ski and Bridle Easement, the applicant is reserving a 20' wide non-motorized public access easement, allowing non-motorized public access from Chatanika Drive to the Ski and Bridle Easement. It is important to note that access to any other adjacent lot will not be affected by this vacation. The existing turnaround easement shown on Lot 2, Eyinck Subdivision (Attachment 1) will remain unchanged by the platting action. There are no road plan connections in the area that this vacation would impact.
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The primary relevant requirement of 17.32.030(E)(1), which applies to this vacation request, is: The area proposed for vacation is no longer practical for the uses or purposes authorized as a public ROW because:
• The right-of-way appears it is not being used for vehicular access. • The roadway is not constructed, and historic photos appear to show it has never
been improved for access (Attachment 5). • All the adjacent lots have physical public road access from the adjoining
subdivision roads. • Parcels north of Chatanika Drive cannot have vehicular access from Chatanika
Drive to the lots in College Hills Subdivision due to the Ski and Bridle easement restriction created by College Hills Subdivision.
• Lot 9, College Hills Subdivision, the parcel abutting the northern terminus of Chatanika Drive, has legal, constructed access from Auklet Place, which connects with Kittiwake Drive and eventually Ballaine Road a state-maintained roadway. These existing road rights-of-way provide sufficient right-of-way width for roadways.
• There are no lots north of Chatanika Drive that rely on Chatanika Drive for legal, constructed access.
VACATION RECOMMENDATION Staff recommends preliminary approval for the vacation of a portion of Chatanika Drive between Lot 2, Eyinck Subdivision, and Lot 2, R. Leonard Property, with the following findings of fact: a. As required by FNSBC 17.32.030(E)(1), the portion of Chatanika Drive between Lot
2, Eyinck Subdivision, and Lot 2, R. Leonard Property shall be deemed by the platting board to be of value to the municipality.
b. The area proposed for vacation is no longer practical for the uses or purposes authorized as a roadway because:
i. The roadway between Lot 2, Eyinck Subdivision, and Lot 2, R. Leonard Property is not constructed, and historic photos appear to show the roadway has never been improved for access.
ii. The right-of-way appears as not being used for vehicular access. iii. There are no road plan connections in the area that would be impacted by
this vacation. iv. Parcels north of Chatanika Drive cannot use Chatanika Drive for vehicular
access due to the College Hills Subdivision Ski and Bridle easement restrictions.
VA001-21 Page 10 of 18
v. Parcels abutting the northern terminus of Chatanika Drive have physical public access from Ballaine Road, via Kittiwake Drive, and directly by Auklet Place. These existing subdivision roads provide sufficient right-of-way width for roadways and utilities.
vi. Continuity of public access to the existing Ski and Bridle Easement will be maintained. The applicant is dedicating a 20' wide non-motorized public access easement, allowing non-motorized public access from Chatanika Drive to the Ski and Bridle Easement.
X. Recommended Conditions: Staff recommends preliminary approval for the vacation of the 40ft wide by 201 ft long portion of Chatanika Drive between Lot 2, Eyinck Subdivision, and Lot 2, R. Leonard Property, with the following conditions:
1. GVEA shall have a maximum of 30 calendar days to review and comment on the final plat.
2. ACS shall have a maximum of 10 calendar days to review and comment on the final plat.
Recommended Vacation Motion: I move to approve the vacation of the 40ft w ide by 201 ft long portion of Chatanika Drive between Lot 2, Eyinck Subdivision and Lot 2, R. Leonard Property, adopting the two findings of fact, two conditions, and the staff report in support of approval.
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Attachment 1
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Attachment 2
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Attachment 3
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Attachment 4
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Attachment 5
Aerial Image 2020.
Aerial Image 2017.
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Aerial Image 2012.
Aerial Image 2010.
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Aerial Image 2007.
Aerial Image 2003.
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Aerial Image 1949.
VA001-21Chatanika
DriveDear
Property Owner
Fairbanks North Star Borough
COMMUNITY PLANNING
Main: (907) 459-1260 Fax: (907) 459-1255
June 30, 2021 RE: VA001-21 Chatanika Drive Dear Property Owner:
A public hearing will be held before the Platting Board beginning at 6:00 p.m., or after, on WEDNESDAY, July 21, 2021 to hear comments, if any, on the following:
A request by 3-Tier Alaska, on behalf of Raymond Brooks, Catherine A. Brooks and Charles Hegdal to vacate a 40ft wide by 201 ft long portion of Chatanika Drive between Lot 2, Eyinck Subdivision, and Lot 2, R. Leonard Property. The property is located within the S½ SW¼ Section 30, T.1N., R.1W., F.M., on Chatanika Drive. Staff Contact: Billy Cardentey
This meeting will be conducted in-person and by Zoom or Zoom-only, to be determined based upon the FNSB Operational Status as determined by the FNSB Risk Matrix and if the Juanita Helms Administration Center is otherwise open to the public. Please visit https://www.fnsb.gov/806/Stay-Connected-with-the-Platting-Board or contact the Clerks Office by calling 459-1401 or emailing [email protected]. Testimony can be provided under the procedures established by the Platting Board and the Mayor. Deadline for submitting a request for written testimony on quasi-judicial items is 5:00 P.M. on Tuesday, July 13, 2021. As a person receiving this notice, you are an “interested person” pursuant to Title 17.04.010, which means you can give verbal testimony during the hearing. Please sign-up to speak on the webpage or contact the FNSB Clerks office by calling 459-1401 or emailing [email protected] if you plan on participating telephonically, electronically or in person. Persons not receiving this notice directly from the Borough, who wish to testify at this hearing, may sign-up to participate in the hearing as an interested person and the Chair will make a determination of whether you qualify for interested person status at the hearing. You may also attend the meeting either electronically or in person and request “Interested Persons Status.” The Full Agenda Packet will be available online on July 6, 2021 at: https://www.fnsb.gov/AgendaCenter/Platting-Board-18; under the meeting date. Hearings are audio-streamed from the link on the Borough web page or https://www.fnsb.gov/737/Streaming-Audio-of-Assembly-Meetings . For more information about how you can provide verbal or written testimony, contact the Clerks Office by calling 459-1401 or emailing [email protected].
