HomeMy WebLinkAboutEQUESTRIAN HEIGHTS S-6258EsacA eA n U
SO.
TO
SUBJECT
SIGNED
SEND PARTS 1 AND 3 WITH CARBON INTACT
PAfIT 3 WILL BE RETURNED WITH REPLY.
MUNICIPALITY OF ANCHORAGE
PLATTING BOARD
CASE NO. S-6875
FINDINGS OF FACT AND DECISION IN CASE S-6875
WHEREAS, Bridger Enterprises sought plat: approval for Bavarian
Heights Subdivision, a proposal to subdivide approximately 50
acres zoned R-6 into 40 lots and 3 tracts. Plat approval was
so~lght under the cluster housing provisions of Title 21,
Anchorage Municipal Code 21.45.190., and
WHEREAS, the Platting Board held two public hearings on the
application of Bridget Enterprises for approval of a plat for
Bavarian Heights Subdivision on April 20 and April 27, 1983, and
WHEREAS, the Board adopted the following findings and conclusions:
Findings:
1. The site of tee proposed subdivision is a "water-logged"
area, and much of the surface of the site is covered
with two-three feet of peat saturated with water from
surface drainage and subsurface flow.
2. Lowerisg the water table is necessary to allow
development on the proposed lots with On-site sewage
disposal systems as the existing shallow groundwater
would be highly sl~sceptible to pollution from on-site
sewage disposal systems.
3. Petitioner proposed to lower t~e water table by
installing a curtain drain or, more precisely, a fin
drain system.
4. It is not certain that the proposed fin drainage plan
will succeed in lowerii%g the water table. The system's
effectiveness should be demonstrated through at least
two freeze-thaw cycles before ~n_Q~_ development
commenced.
5. Wells in the area are already of poor quality. As such
it is uncertain whether or not petitioner will be able
to extract the necessary water to furnish water to the
subdivision with a community water system.
6. Soil tests on the lots claimed to be useable without
additional drainage were not deep enough to determine
their suitability for on-site sewage disposal.
Additional soil tests are needed prior to plat
approval.
Conclusions:
1. Due to the severe consequences of the drainage system's
failure after development has co~u~enced, the plat
applicant should bear the burden of demonstrating the
drainage system's successful operation before plat
approval, rather than the public bearisg the risk that
the plan would prove inadequate after the plat ]]ad been
approved and developmeet had commenced.
2. AMC 21.75.015 requires subdivisions "to assure adequate
and properly placed utilities." Petitioner should
demonstrate that there will be an adequate water supply
system before any development is co~m~enced.
-1- C, 15
Bavarial~ Heights Subdivision is in conflict with AMC
21.75.015. The plat conflicts with the public health,
safety and general we[fare and with the provision of
adequate and properly placed utilities.
NOW , THEREFORE, be it resolved by the Platting Board that the
plat is denie_~d, pursuant to AMC 21.80.180.
THIS RESOLUTION ADOPTED by the Platting Board this 1].th day of
July, 1984.
Bi'~l Luria
Secretary to the Platting Board
Daphn~ Brown
Chairman of the Platting Board
-2-
I)EPAitT.MENT OF NATURAl, RitSOURCES
SOUTHCENTRAL D/STRICT
BILL SHEFFIELD~ GOYERNOi~
POUCH 7-005
3601 C STREET
ANCHORAGE, ALASKA 99510
Phone: (.907) 276-2653
April 26, 1983
Bridget Enterprises
P.O. Box 589
Eagle River, Alaska 99577
Attn: Rex Turner
Re: Water Right Permits
ADL's 215030, 215031 and 215032
Dear ~r. Turner:
On April 20, 1983 a letter was mailed to you from this office concerning your
permits to develop a water source for Bavarian Heights Subdivision. This
letter misinterpreted your water use permits. The permits were issued for
10,500 gallons per day for each well with the right to develop a total
appropriation of 31,500 gpd. These permits will stand as they were originally
issued. This does not mean that any water rights have been granted. The
permits allow you to develop your water sources and water use. You are
required by ~hese permits to meter the ~ater used at each well and submit
meter records to the Department before a CertiQoate of Appropriation will be
issued. The certificate will be issued in the amount of water used as
recorded by the meter records.
We are sorry for the misunderstanding and hope it has not inconvenienced you
to much.
If we can be of any assistance, please contact our office.
Sincerely,
f4argale~t 3. Hayes
District klanager
DC:
Oohn Lynn, City of Anchorage, Health Department
William C. Hagmaier, S & S Engineer, Inc.
MUNICIPALITY OF ANCHORAGE
DEPARTMENT OF HEAl~TH & ENVIRONMENTAL PROTECTION
ENVIRONMENTAL HEALTH CASE REVIEW WORK SHEET
~ PLATTING BOARD E~ PLANNING&ZONING
ASE NUMBER NAME
S-6258 :Lots 1 - 8 Block 1; Lots 1 - 6 Block 2
~Lots--1- - 2~B~oCl~;-L~:s 1 - 4 Block 4;
[Lots 1 - 18 Block 5; Lots 1 6 Block 6;
Lots 1 - 5 Block 7; Lots 1 - 25 Block 8
Tr ac t~-A~, C, D
Bavarian Heights Subdivision
DATE- RECEIVED
April 13, 1982
COMMENT TO PLANNING BY
April 30, 1982
FOR MEETING OF CASE
(T12N R3W Section
E-Q PUBLIC WATER NOT ,AVAILABLE TO PETITION AR EA
71-014 (Rev. 2/78)
MEMORANDUM
DATE:
TO:
FROM:
SUBJECT:
May 24, 1982
Planning and Zoning Commission
Community Planning Staff
CU 82-53 Final Approval for Bavarian Heights
Subdivision PUD
S-6258 Bavarian Heights Subdivision with Vacation
Petitioner:' Bridget Enterprises
Due ~o the lack of sufficient information regarding the
above PUD, staff recommends that the Planning and Zoning
Commission postpone the scheduled public hearings for this
proposal to an unspecified time to allow sufficient time for
both the petitioner to provide the lacking info~lation and
the appropriate reviewing agencies and the planning staff to
adequately review.
The entire PUD hinges on providing a c~nunity water and
sewage system, both of which must be approved by the Alaska
Department of Enviromnental Conservation. To this date
(5/20), ADEC has not seen the proposed water system and has
only briefly seen and discussed a conceptual sewage plan.
With all the unknowns regarding soils permeability and
depths, a backup sewage system, off- and on-site drainage
(runoff) and its relationship to the surrounding area, the
community sewage system itself, and the binding guarantees
for the perpetuation of both 'the community water and sewage
systems~ staff does not feel comfortable with even recom-
mending "concept approval." We have met and talked with the
petitioners several times to get the data requested which
has been promised to either be forthcoming or they have
requested conditioning approvals.
Nothing has been submitted to this writing (5/20, noon).
Although additional information may be received by public
hearing time, staff does not feel it is fair to either the
Planning Commission o~ the community to either do a hurried
review or attach a long list of "conditions of approval" to
such a sensitive project. To also be fair to the peti-
tioner, we have recommended a postponement rather than
denial.
SW/rbt
planned unit
application
Check Concapl or Final
CONCEPT
development
Municipality of Anchorage
Planning OepartmentPouch *650
Anchorage, Alaska 99502
Name of development: Bavarian Heights Subdivision
Location of development:S½, NE¼, NW¼, N½, SE~,.NW¼, SE¼, SE.¼,.NW¼, Sec. 25, T12N, R3W, SM
(include generaJ legal description) . *:
Name of petitioner: Bridger Enterprises
Address of petitioner: *Box. 589, Eagle River, Alaska
Phone number of petitioner: 694-3662
Signatur~e~f petitioner:
99577
Note:
If more than one owner or more than one parcel is involved, the names and signatures of the
owners of each parcel must be attached on a separate sheet. If the applicant is a party other than
the owner, written authorization must be attached.
Summary of Required Information
Existing zoning R-6
Total site area 50 acres
Area of bodies of water 0 acres
Gross area of site 50 acres
Number of dwelling units 75
Density 1,5 dy/acre
Useable open space 15.0 acres
Private open space 21,0 acres
Floor area of residential use
(if mixed use) N/A
Floor area of non*reside.,dal use N/A
(if mixed use)
Area of parking for non-residential use
N/A
Office Use
Case File No:
Fee L..~, ~'b
Received b~
Ownership verification
Concept hearing date
Final hearing date
Appeal hearing date
Approved
Denied
003
20-016 (5/77)
FINAL CONDITIONAL USE APPLICATION
Municipality of Anchorage
Planning Department
Pouch 6-650
Anchorage, Alaska 99502
Case File NO.
Fee '~ ~--C~'-~
P C.P.H. Oale
I. The undersigned hereby applies to the Municipality of Anchorage for final approval of:
(X) new conditional use
( ) amendment to a conditional use .~
/Legal descflption~f the area requested
{~½, $£~, ~W~ySE~, SEt, NW~, Sec. 35, T~.2N, R3W,
Section or subsection et ordinance under which conditional use is authorized 21.50.130
....... r~%nn~ng ob~%e ts a~t~or~C~fe
dwelling units with con,on areas of lmproved perks and dndeve oped green
space. The scheme proposed is a result of inadequate soils for waste dis-
posal systems under the prese6t
June 1. 1982 - Sept. 30. 1983
Provide a statement of intent as to final ownership Final ownership of lots will be
private with the common area to be held in common by the Homeowners Assoc.
IV. Conditional Use Findings: (use additional paper if necessary)
A resolution granding final approval may be adopted only if it includes the following findings.
Explain how your proposal satisfies these findings.
that the proposed construction and use of the conditional use wUI not be detrimental to he
genera welfare of the community This iS a t:ypica residentia! community, and will
have no detrimental effect on the environment nor the communiby.
that the condlmona~ use meets the standards and requirements prescribed by the zoning
regulations This proposed development meets all criteria under Title 21
PUD standards
thatthereareadequateexistingsewagecapacity transportationfac es. ener ysupplyand
water supply to serve the proposed condlUonal use all utilities wtll[e community
systems and adequate supplies And sources have been confirTned
~hatthe.cpndi~ionaluae conforms o he ntsntofthezoning district the zohtnq district
S restoentlal as is our development. 0nly the density will be changed,
and ou~ orooosed density ia within the Title 21 autde]ine~.
thattheuseorusee ropossdareapproprae othecharacteroftheareainwhiGhtheproe¢
willbelocated Th~ area will remain residential as it is p~esent .¥ ~pen
space, screening easements, and setback will p~eserve the character o~
this hillside area.
004
proiec,_~pen ~pace, screening easements a~ V~uq~lng se~ac~s w]~ preclude
any negative aesthetic impact on the locale of this project.
Ulat the conditional use ia iR accordance with the Comprehensive Plan T)~e Comprehensive
Plan calls for this area to be single family detached dwellings, which is what
subdivision will be improved and paved therb¥ avoiding an.)/ hEzardous t, affic
c~'~l tions. ' .
8ridger Enterprises
~m) T PE?ITIONeR'e NAUe
SIGNATURE $) OF THE OWNER S) OF T e
LAN(3 IN RE~)T ON AREA'
8ox 589
_Eaq e River' AK 99577
SIGNATURe OF AUT
S & S Engin~nc.
March 1, 1982
DA're
694-3662
PHONENO.
March I, 1982
DATE
PHONeNO.
MEMORANDUM
DATE: May 18, 1982
TO: Platting and Zonin~ Division
FROM: Physical Planning Division ~';
SUBJSCT: Zoning Case Reviews
~U 82-53:
The; ~roposed development seems generally appropriate for
this area of the Hillside, but it should be recognized that
there may be substantial problems in its construction.
Portions of the area included in the Planned Unit
Development astride a "nonsuitable" area for on-site septic
tank svstems, as shown in the Hillside Wastewater Plan.
This delineation is the result of known wetlands, soils, and
related environmental problems. Although individual on-site
septic systems may not be practicable for this area, a com-
munity water and sewerage system be feasible. If a com-
munity sewerage system is provided, there must be guarantees
as to its long-term effective operation and maintenance.
Normally, this will be a requirement of the subdivision
covenant and of the condition of the Planned Unit
Development.
The petitioner indicates that trails, open space, and
screening easements will buffer this project for the
existing, built-up lots. Generally, the reservation of por-
tions of the tract at the periphery of the development seem
to be in keeping with the concept o~ buffer and transition
areas, but there may be difficulties with those tracts on
the eastern boundary of the project. It is recommended that
structures be located on the western portions of those par-
cels to the extent practicable. The uses of cul-de-sacs and
interior streets in the PUD is recognized and is considered
desirable by this Division.
ZP 82-52:
The Division concurs that the development of this area at
low residential densities would be generally difficult. The
current Comprehensive Plan calls for higher density develop-
ment of 11 to 20 dwelling units per acre to the west of the
Bragaw/DeBarr intersection and for commercial development at
the intersection itself. The revised Comprehensive Plan
generally calls for residential development at the 11 to 20
DU range throughout the area, again excepting the intersec-
tion at DeBarr and Bragaw. The revised Comprehensive Plan
OO8
soil erosion and sediment control report should be
required in order to minimize adverse impacts on
Betzen Lake or Fish Creek. A Corps of Engineers
permit may also be required.
S-6304 - Portions of this subdivision appear to be in
Wetland ~30, which is designated mixed development
in the Wetlands Plan. The Plan requires a 65 foot
structure and fill setback on either side of any
creek. Such a creek easement should be required in
'~'~his~ subdivision does not appear to be in wetland.
~--~P/DC/mm
O07
DATE:
TO:
FROM:
SUBJECT:
MEMORANDUM
Hay 5, 1982
Zoning & Platting M~sager - - .
Municipal Eng in e e~0~J .
Review PUD Plat S'-6-258, Bavariah 'Heights Snb~, Tracts
with vacation
A-D
~ topographic map of this subdivision and adjacent tax par-
cels should be provided to resolve area drainage and road
circulation. A PUD is inappropriate if it serves to restrict
needed through circulation to adjacent tax parcels which may
now lack either (or both) physical and dedicated access.
Low lying areas with poor soils and deep peat should be
identified; soils logs should be provided for evaluation by
Public Works Engineering.
Dedicated 60' ROW's should be extended south westerly from
Bergweg Court and along the west property line to provide
access to Tax Parcels 17-09-202 and 17-09-203. Also, addi-
tional dedication is needed to extend Hauptweg Street to the
north subdivision boundary. Al~o, a turnaround should be
provided on 142nd Avenue. Cul-de-sac having more than 600'
in length is not acceptable.
A public use easement and drainage easement is needed along
the south subdivision boundary from Hauptweg Street to the
east boundary of the subdivision.
Drainage easements should be provided to accomodate reverse
grade on proposed cul-de-sacs. An area drainage plan is
needed (to include proposed drainage outfall through Tax Par-
cel 17-09-202 and Lot 1, Eaglebrook Subdivision). Resolve
erosion and sediment control with Public Works Engineering.
The subdivision agreement must provide for a storm drainage
system with outfall.
A subdivision agreement is needed to construct interior
streets which will in the most part be through collector
streets. Proposed small lots reflect an urban development
pattern. Resolve road improvement standards with Public
Works Engineering.
7. Pedestrian circulation should be addressed on the site plan.
LB/BJM/pmr
ew2/lb4
005
91-010 (4/76)
MEmOrAnDUM
DATE:
TO:
FROM:
SUBJECT:Bavarian Heights
~.U.D. CU 82-53
May 12, 1982
Michael Mills, Zoning & Platting Div.
Private Deve].opment Supervisor, AWWU
Subdivision
The Anchorage Water and Wastewater Utility has reviewed the
subject request for concept final approval of a conditional
use to permit a Planned Unit Development (75 units) in the
R-6 zone.
The Project Engineer, William C. Hagmaier, states existing
soils totally preclude on-.site septic waste disposal.
Proposed is e community water and sewer system for any deve-
lopment on this 50-acre tract of land.
The Utility will not accept the sewer distribution network
an/or septic tank and leach field for maintenance or
opera%ion. The Homeowner's Association will be required to
maintain and operate the wastewater distribut:Lon network and
ali. other appurtenances required to make a completely
workable system. In the event this proposal is approved,
the Developer will be required 'to construct ~e system so
that it may be integrated into the Municipality Wastewater
System at sometime in the future if changes are made to the
sewered areas.
RAY~LACKNAN
Ha~ager, Engineering & Construction
Anchorage Water & Wastewater Utility
DEB:deb
cc: John Lin, Health Dept.
Dick Hudson, AWWU
009
DATE:
TO:
FROM:
SUBJECT:
MEMORANDUM
May 4, 1982
Planning Department
Health and " ' , ~
~nvlronmen ma± Specialist
Cases Oue for Review - }iaI, 6, 1982
The Environmental Health Division of the Department of Health
and Environmental Protection has reviewed the following casas
and has no objections:
ZP82-44:
A request to rezone approximatel,/ 31 3 acres from
R-2 to R-1. ~ '
ZP82-49: A request to rezone approximately .16 acres
R-3 to B-3.
ZP82-52:
A request to rezone approximately 40.22 acres from
D-2 to R-4 and I-1.
CUB 2-55:
A request for final approval of a conditional use no
permit a PUD in the R-2 zone.
7 P '} 2 - 57:
A reques ~ to rezone approximately 8. 0 acres from
g to ~ -
'!'h~ following cases this department has the following comments:
CU82-52. A request for final approva~ of a conditional use to
permit a planned unit de~..elopment(75 units) in the
~~~/ R-6 zone. (Bavarian Heights Subdivision)
This project is undec review/adthority by Alaska
Oeoartment of Environmental ~' ~ ,-~ '
- ~onoer~atzon regarding
public utilities; consisting of, community on-sine
sewer system(cluster) ~tnd community wauer system.
DHEP approval is contingent upon approval of Luoposn~
by ADEC. ~ -
ZP82-54:
A request to rezone approximately 2.5 acres from R-6
to b-3.
The Department does not reconunend large flow
industrial/business use in areas utiliziug on-site
sewer systems. This area is currently not served
by ~'ublic sewer. At this ~ '~
- - ~li,,e, DHEP does not sup~ort
the rezone. ~
=~. Buchholz
Program Su,~ervisor
:B,. llw
0il
TO: PLANNING AND ZONING MAY 18, 1982
PLATTING OFFICE
attn: Sherry Willette
Re: S-6258 PROPOSED PUD
(aka: Bavarian Heights)
From: Barbara A. Weinig
(Lot 1, Blk 8 Prator Subd.)
Comments:
1. Proposed Planned Unit Developement (PUD) do.eR ~_~9~ the
current Comprehensive Plan ~Si~_l~D_qu__ireDents for the area.
Proposed PUD does__not_m_ e~t the pending Comprehensive Plan
density rea~irements for the area.
The site for the septic system leach ~ield is within fifty
(50) feet of Goldstream Creek. This creek drains into Rabbit
Creek. Goldstream Creek flows through areas with both existing
homes and those under construction.
At the May meeting of the Rabbit Creek Community Council
the developer presented his plan for the proposed PUD (S-6258).
After the presentation and discussion there was an informal
non-binding vote taken. Of those present and voting (approx-
imately 19 present with 4 abstentions) the vote was unanimously
against the proposed plan.
The purpo~_~ of the Planned Unit Developement (PUD) concept
//~_t~t__d~_~(~D~__~ c~]~lg]~ly ~anned. There are many
issues which the developer has not planned for and many others
which are only treated for the immediate developement needs
with no thorough plan for the future· Some of these are
listed below:
a. The fact that most of the area in the proposed PUD is
a lake bed. Every year most if not all is covered by
water during the Spring and early Summer months·
In 1976/77, a wet year, during Winter-Spring-Summer
the area was covered by water in depths up to one foot
(a few higher small, under 5000 sq.ft., areas were dry).
b. Bird and waterfowl nesting areas
c. Emergency replacement of sewer lines, septic tanks,
and water source cann_o~ be covered by small homeowners
fund (see 1971 Jesse Land Trailer Court episode)
d. Surface water run-off, possibly contaminated, down
Goldstream Creek
e. Impact of 75 homes using common water source - septic
system on the water for homes currently in the adjacent
areas
Please consider these comments which I have made.
cc:
Jerry Weaver, Planning
Tony Knowles, Mayor
Fred Chiei, Assemblyman
Don Smith, Assemblyman
Sincerely,
/ ,. ,
Barbara A. Welnlg ~ *
0i2
P. O. Box 10-1793
A~uchorage
Alaska. 99511
May 10, 1982
Municipality of ~chorage
Planning and Zoning Commission
Pouch 6-650
~uchorage, Alaska, 99502-0650
Gentlemen~
I am not against development per se. I am against
development which would lead to a unit density that would be
detrimental to the values for which we moved into this area.
All lots adjoining the proposed. Bavarian Hts. Sub.
are two acres or more, except for the Jack White Eaglewood
Subdivision on the southl although, these are still over an
acre in size.
Much of the pr~ed subdivision lies in soil composed
of muskeg marshes and hard pan. Soil test holes filled up
within a few days.
We have fought and. voted for low density zoning in
this area~ Why must we fight the same battle each time a
new subdivision is planned?
I would think the wishes of the residents of this
area would count for something.
If the subdivision was held to l~ acre plots, there
would be no objection on my part. I remlize that new homes
mu,~ be built and hope this can be done and still retain
the values that we moved to Alaska for.
I will not be able to make the co~nnission hearing
as I have prior work commitments which require me to be out
town°
of
Thank you for your consideration of this letter.
Sincerely,
John A. Masn~ri
013
MUNICIPALITY OF ANCHORAGE
Pouch 6-650
Anchorage, Alaska 99502-0650
(907) 264-4215
Tony Knowles, Mayor
FIRST CLASS MAIL
CU82-53
The Municipality of Anchorage Plan'ning and Zoning Commission will consider the following:
CASE:
PETITIONER:
REQUEST:
TOTAL AREA:
LOCATION:
CURRENT ZONE:
CU82-53
Bridger Enterprises
Final approval of a 75 unit Planned
Unit Development (Bavarian Hts. PUD)
50.0 acres
the S½ of NE¼ of NW¼, and the N½
of SE¼ of ~, and the SE¼ of SE¼
of ~ of Sec. 35, T12N, R3W, generally
located between Fernwood Ave. and
142nd Ave.,West of Rabbit Cr. Rd.
R-6 (Suburban Residential)
RABBIT CREEK COMMUNITY COUNCIL
The Municipality of Anchorage Planning and Zoning Commission will hold a public hearing on the
proposed conditional use at 7:30 P.M., May ;24, 1982 , in the Assembly Hall, 3500 East
Tudor Road, Anchorage, Alaska.
We are sending you this notice as required by the Zoning Ordinance because your property is within
the vicinity of the petition area. This will be the only public hearing before the Commission and you
are invited to appear.
Planning Department -- Municipality of Anchorage
If you would like to send us comments about the proposed conditional use, this form may be used
for convenience by filling in the information below and mailing this notice to the Municipality of
Anchorage, Planning Department, Pouch 6-650, Anchorage, Alaska 99502--0650
Name z]o A ,q
Address .~' ~' .,3 ,-, ,~
Legal Description
Comments
20-012 (Rev. 3/82)
CU82-53
C.U. OR P%ANNED UNIT DEVELOPMENT/
RESIDENTS PLANNING COMMISSION
P.O. Box 4-2950
Anchorage, AK 99509
May 19, 1982
Ms. Sherry Willette
Dep&rtment of Planning,
Plotting and Zoning Division
Municipality of Anchorage
]Pouch 6-650
Anchorage, AK 99502
RE: Case S-6258 and CU82-53-Bavarian Heights
Subdivision, proposed PUD
])ear Ms. Willette:
I have received notices of the public hearing before the
Planning and Zoning Co~nission on May 24, 1982, concerning
platt approval and PUD approval of Bavarian Heights subdivision.
I live on Prater Street above the proposed development,
Lot 1, Block 8 Prater Subdivision. My wife and I are opposed
to bot~ the platt and the proposed PUD.
I am familiar with the area which is proposed for the PUD.
For the past six years, I have skied the area in the winter
and hiked it in the summer. Although this spring is much
drier than usual, doubtless due in part to the drainage
ditches which have been dug on the subject property, the
area is a classic wetland in any sense of the term. It is
low, boggy, and basically moose pasture and cranberry patch.
My opposition to the proposed platt and PUD is as follows:
1. The area is zoned for ]t-6. Zoning for that area was done
by petition of the homeowners, and approved prior to the
area G zoning for most of the hillside. Such zoning occurred
in 1971. or 1972. Homeowners who purchased into this area,
particularly relying upon the R-6 zoning which had been
generated by homeowner petition, are entitled to that protection.
2. The proposed sewage system for the area, which was
represented at the Rabbit Creek Community Counsel meeting on
May 13, is to be a leach field approximately 3/4 of an acre
in area and twelve feet deep. It is predicated upon taking
the standard requirement of a three-bedroom house and its
leach field, and multiplying by 75, the number of houses in
Ms. Sherry Willette
Page 2
May 19, 1982
the proposed subdivision. The Department of Health and
Environmental Quality informs me that it has received no infor-
mation concerning the feasibility and effect of this leach
field which goes beyond the description set forth in the
blue PUD booklet, which appears in the Planning Department's
file. As you are aware, this booklet in no way addresses the
effect of a 75-home leach field, upon the water supply which
comes by well either on Mercedes Lane to the west of the
development, or along Prater to the east. The effect of the
volume of water coming from 75 homes drained into a common
pit upon surrounding water systems and surface flow is
~omething which should have been addressed in any proposal
for a PUD. It is not something to be governed by conditions
subsequent, to be tacked on after PUD approval. The
planned unit development should be what its name says: Planned
Unit Development.
In absence of data to the contrary, the obvious dangers which
this volume sewage could create would be that the sheer weight
of effluent from 75 houses in a single pit area would spread
underground pollution into the adjoining aquifers which serve
wells on both Prater and Mercedes, as well as the community well
system for the 75 homes to be placed upon the subdivision.
A secondary possibility which strongly comes to mind is that
once the leach field has been filled'to capacity, there will
be overflow and surface flow into Gold Creek, which cuts
through the subdivision about a quarter of a mile downhill and
in which the proposed Golden View Elementary School
will be placed.
3. No data has been submitted concerning the effect which
a community well serving 75 houses will have upon the aquifers
currently serving residents along both Prater and the Mercedes
Hill area. This should be addressed by the developer before
a planned unit development is considered. At the Planning
and Zoning Commission hearing, there will be testimony by
residents of the Mercedes area that nearby subdivisions have
already severely decreased the well flow and caused siltation.
The effect of this enormous impoundment of effluents should be
addressed before the development is given even preliminary
approval.
4. Funding for maintenance and capital improvements of a
new sewage system when the proposed leech field fills is
allegedly to be made by assessments on each lot and governed
by the Homeowners' Association in the proposed subdivision.
Very little in the proposed covenants, appearing in the
blue PUD booklet, address how this is to be funded. As you
are probably aware, even the relatively sophisticated
Municipal subdivision agreements which place liens upon all
lots in a subdivision to secure proper construction of capital
016
Ms. Sherry Willette
Page 3
May 19, 1982
improvements are extremely difficult to enforce. As a
former assistant Municipal attorney for both the Borough
and the Municipality, who has attempted to enforce many of these
subdivision agreements, I can only express dismay at the
prospect of relying upon a mere homeowners' association, without
even right of Municipal intervention for enforcement of these
covenants, It brings to mind the specter of the Jesseland
Trailer Court disaster which occurred back in Borough days in
November 1971.
5. What happens, if on a below-zero winter,day, the residents of
the 75 homes awaken to find that the leach field has over-
flowed into the community well system, or that as a consequence
of malfunction in the sewage system, the entire subdivision
is without sewage facilities? The subdivider will long since
have taken his profits and gone. This hardly meets the
conceptual standards of a planned unit development.
6. The proposed density for the subdivision exceeds that
allowable for this area under both the existing Comprehensive
Plan and the pending new Comprehensive Plan.
7. The proposed PUD does not appear to.meet the standards
required by the Wetlands Plan recently enacted by the Assembly.
The proposed PUD seems to iie in area No. 30 of the Wetlands
Plan. A requirement, I believe, is thgt development is
required to be set forth in a way which will not harm the
wetland area. Certainly, placement of houses along the
flatland areas of the proposed development does not respect
this.
8. The proposed development seems to lie directly in the
standing water areas and areas most susceptible to surface and
ground water pollution described in pages ].6 and 28 of
the Yydrologic Study of the Hillside prepared for the Borough
by the United States Geological Survey in ].975.
9. The proposed development does not seem in conformity with
the proposed Cluster Plan now pending before the assembly, in
that it does not cluster its buildings in the high dry areas,
preserving the lower wetlands from predation.
10. At the Community Counsel meeting on May 13, the developer
indicated that alii surface run off would be channeled from the
75 homes into a swell which would lead directly down GoId
Creek. What effect will this have upon homeowners downstream,
particularly in the subdivisions surrounding the proposed
Golden View Elementary School, which straddles both sides
of the creek? The engineer was unable to give any figures
concerning the proposed or estimated amount of run off.
11. Duration of the proposed homeowners' association covenants,
01 ?
Ms. Sherry Willette
Page 4
May 19, 1982
as set forth in the blue PUD booklet, is 25 years, with an
automatic extension of 10 years, unless the homeowners alter
this. However, at any time, under the covenants, a majority
of the homeowners can change the covenants, including assessment
and lien, at any time they want. What protection does this
offer either adjacent homeowners or members of the proposed
homeowners' association from sewage pollution if the sewage
system fails or pollutes the community water system? In the
event of failure of the sewage system, particularly in winter
months, there would be undoubtedly be extreme political pressure
for the Municipality to construct a sewer system from the
Golden View areas set forth in the Hillside Wastewater
Plan description, to the proposed PUD. This would force a
de facto change in violation of the Hillside Wastewater
Plan, which proposes to "fix in concrete" the extent of
hillside sewers. No PUD should be allowed to "bootstrap"
an extension of sewers beyond the limit set forth in the
Wastewater Plan which the Assembly approved on May 18.
In short, the. developers have not submitted any information
concerning the effect of the sewage system for 75 houses
upon either the subdivision's community water supply, or
upon that of adjoining neighbors' They have submitted no
data concerning the effect of their community wells upon the
neighbors' water supply. No PUD should be approved, even in
concept, until such data is supplied.
My best regards,
Richard A. Weinig
RAW:mrm
MUNICIPALITY OF ANCHORAGE
Pouch 6-650
Anchorage, Alaska 99502-0650
(907) 264-42'15
Tony Knowles, Mayor
FIRST CLASS MAIL
S-6258
The Municipality of Anchorage Plarining and Zoning Commission will consider the following:
CAS E:
PETITIONEB:
REQUES?:
TOTAL AEEA:
LOCATION:
CURRENT LEOAL:
S-62§8 BAVARIAN HEIGHTS SUBDIVISION, BLOCK
1, LOTS 1-8r BLOCK 2, LOTS 1-6; BLOCK 3,
LOTS l&2; BLOCK 4, LOTS 1-5; SLOCK 5, LOTS
1-18; BLOCK 6, LOTS 1-6: BLOCK 7, LOTS 1-5;
BLOCK 8, LOTS 1-25 WITH VACATION
Subdivide an unsubdivided parcel of land
into 75 lots and 4 tracts and vacate
(eliminate) a portion of ROW and BLM ease-
50 acres
North of Rabbit Creek Rd, and east of
An. unsubdivided ]parcel of land, located in
the Si~, NE~4, NW~4, N~2, SE~4, m~4, SE~4, SE]A,
T~CMBnCgl~lit~e~Cfu, N~(C~q~§-~R4anning and Zoning Commission will hold a public hearing on the
proposed conditional use at 7:30 P.M., May 24, 1982 , in the Assembly Hall, 3500 East
Tudor Road, Anchorage, Alaska.
We are sending you this notice as required by '(he Zoning Ordinance because your property is within
the vicinity of the petition area. This will be the only public hearing before the Commission and you
are invited to appear.
Planning Department -- Municipality of Anchorage
If you would like to send us comments about the proposed conditional use, this form may be used
for convenience by filling in the information below and mailing this notice to the Municipality of
Anchorage, Planning Department, Pouch 6-650, Anchorage, Alaska 99502-06,50
· Name_
Address '
Legal Description
Comments _
C.U. OR PLANNED UNIT DEVELOPMENT/
RESIDENTS PLANNING COMMISSION
20-012 (Rev 3/82)
S-6255
S?~4 Box 455-H
Anchorage, AK 99507
~y 17,'82
Planning and Zoning Commission Case file #'s: CU 82-53
.b~ncipality of Anchorage &
, S 6258
Dear Commission,
Regarding the Varian Heights Subdivision that will be coming up for
a hearing about ~y 24th: I would like to colmnent on the high density
of the proposed subdivision. I live across Rabbit Creek Road from the
area. I ara concerned about the small size of the lots, some are less
'-than 1/3 acre. It has always been my understanding that the btmicipality
was in favor of low density housing on the hillside. This subdivision
would not conform to that goal. Of added concern is the water usage
due to high density housing. We all know the hillside cannot support
such an increase in population due to the limited watersupply. The
only alternative would be for a water system to then be built to
eliminate any problems that would arise from the high.density. And this
would mean added costs for all of us. By keeping the iot size qn all
the new subdivisions in the hillside area large, we may avoid costly
public works systems for some time to come.
I am concerned also that the added features that the developer must
put in, such as paved streets, is adding to the cost of the lots, thus
making him divide into smaller lots. By eliminating some of the unnecessary
features of the subdivision development, I believe it would be possible to in-
ccease the size of the lots and still allow for proper development and
reasonable profit for the developer. I would much prefer to drive over
a well maintained gravel road than an inadequate paved road any day.
In closing, I want to reiterate my conce~s for the high density
development of this subdivision and others on the hillside that are
threatening the limited water supply of d~e area. By being more reasonable
in the requests of providing added features to these subdivisions you
are forcing the developers to offer smaller lots in order to make a profit
that will inthe end only cause hardship for all of us. Please maintain
the goal of the ~DA by not allowing !~igh density development on the hillside.
Sincerely,
D. Cudgel-Holmes
TO:
FROM:
Subject:
Planning Department
Health and Environmental Protection
Bavarian Heights PUD
The sewer/water design for the project has been reviewed by
the Alaska Department of Environmental Conservation under
their authority of community on-site systems in AAC Title 18,
and found .
Recent M.O.A. Assembly passage of the Hillside Wastewater
Study(5-18-82), which post dates this submittal, references
establishment of a pilot program to study innovative on-site
sewer such as cluster systems.
The concept may be premature if the recently adopted Hillside
Wastwater Study is considered in review of cases submitted prior
to May 18, 1982.
MF:MORAI~D~M
DATE:
June 25, 1982
TO:
Zoning - Sherry Willete
FROM:
Health and Environmental Proteotion
SUBJECT:
Case # S-6258, CU82-53 Proposed Bavarian Heights Subdivision
After reviewing information of the total acres involved for the
project, this department is in accord as to an approval of waste--
water disposal system concept.
However, there are many technical aspects to be reviewed by this
department and by the Department of Environmental Conservation
prior to preliminary approval.
John Lynn
Environmenal Specialist
91-010 (5/78)
ENGiINEE!RS, INC.
s
7125 OLD SF. WARD HIGHWAY · ANCHORAGE, ALASKA 99502
June 21, 1982
Municipality of Anchorage
Planning and Zoning Co~ission Members
Pouch 6-650
Anchorage, Alaska 99502
RE: Case S-6258; CU-82-53;
Proposed PUD.
Dear Commissioners:
";
Bavarian Heights Subdivision ~/(/ [~?~2 /.
1, / f
This letter is written on behalf of our client, Bridger
Enterprises, in order to both edify the Planning and Zoning
Commission members and to answer questions that have been
raised regarding the community waste water disposal system.
We are presently asking for final approval on the subdivis-
ion and concept approval only for the waste disposal system.
At this time, we feel that it is premature to request final
approval on the waste disposal system because the actual
design of the system and the type of community disposal
system has yet to be resolved. We are at this time asking
for concept approval based on engineering and geotechnical
investigations conducted prior to this platting process. We
feel that the research performed to date is sufficient to
show that a community waste disposal system is feasible at
this location, that it has been reviewed by the responsible
agencies, and that the ~oncept of a community waste dis-
posal system has been approved by the State of Alaska, De-
partment of Environmental Conservation. (See attached
letter).
The concept of a community waste water disposal system
is not new. Many small communities throughout Alaska util-
ize ()ne or more variations of a community system. These
various systems include large septic tank systems, areated
lagoons with pre-treatment systems, sub-surface and sur-
ficial sand filters with primary settling tanks, and final-.
ly, package treatment plants. The decision as to which type
of treatment system to be utilized on each individual site
requires a great deal of engineering analysis prior to the
final recommendation. However, prior to considering any of
these methods, soil analysis, drainage analysis, and engine-
ering investigations must be made on each individual site to
determine if any of these systems are even feasible.
ANCHORAGE EAGLE RIVER HOMER
(907) 349-6561 (907) 235-8179
Page 2
S & S Engineers, Inc.
Bavarian Heights #1119
June 21, 1982
At the present time, these investigations have been
made for the Bavarian Heights Subdivision, and it has been
determined not only by our engineers, but also by the State
reviewing agency, that a number of these methods of commun-
ity waste disposal are feasible for this site. Thus, the
concept has been found to be feasible and the only remaining
decision to be made is which type of system will be utilized
on this site. The final design for any system placed on
this. site. will. be brought back before, the Planning: . and Zon--
~ck_Com~ss~on .f~9or_~approval. Prior to per~.orm~ng any
~ ~,~addit~onal on or off-site engl~neer~ng ~nvest~gat~on ~or
determining the type of waste disposal system for th~s sub--
division, ~)ur engineers must know the design parameters
under which they will be working (i.e. number of lots,
configuration of lots, and the location of the lots). Thus
the final approval on the subdivision design will, to a
large degree, dictate the type and size of the final
recommendations for the waste water disposal system.
The successful operation of a waste disposal system
entails physical, chemical, and biological processes, each
in varying degrees. The physical operations entail the remo-
val of particulate matter, oil, grease and floating
material, the removal of floating or suspended particles and
the concentration of sludges. The chemical processes are
normally utilized in more advanced pre-treatment and
secondary treatment systems for the recovery of specific
ions and compounds, conversion of sludge to ash, the control
of pH, and the conversion of soluble compounds to volatile
or precipitate form. The biological processes are normally
aerobic in nature for the removal of soluble or colloidal
organic material.
Page 3
S & S Engineers, Inc.
Bavarian Heights #1119
June 21, 1982
In Anchorage, the traditional waste water disposal
system consists of a two-compartment septic tank~ a deep
trench drain system and inter-connecting pipes, clean-outs
and stand pipes. Together these components physically
remove and biologically treat waste water. The septic tank
alone can remove about 30-50% of the wastes if properly main-
tained. The soils surrounding the field treat and dispose
of the treated water. The first 8"- 10" of soi]. beneath
the drain system provides 90% of the biological treatment of
the was~e stream. The remaining 10% of the biological
treatment occurs within 4.0 feet of the drain system. In the
soil, bacteria literally break down the BOD and solids and
incorporate them. Pathogens become trapped in the soil by
being absorbed onto soil particles or becoming stuck to the
microbial slimes laid down by the soil bacteria. Once
trapped~ some pathogens die off because of differences in
temperature, lack of moisture and food and other causes°
Others are inhibited or ki].led by antibiotic, s, given off
naturally by soil fungi, and other organisms. Still others
are actually preyed upon by soil bacteria and literally
eaten. In order for treatment, to be effective, the soil
bacteria must have air and sufficient time to do their work.
In addition to the requirement of a permeable soil, there
must also be at least four feet of unsaturated aereated soil
between the bottom of the disposal field and the underlying
layer of (a - saturated soil, b fractured[ bedrock, or c-
impermeable soil horizoss)~ in order to provide adequate
distance for treatment or purification. If these conditions
of soil permeability and unsaturated conditions do not exist
at the specified location, the physical conditions of the
site must be modified or a different treatment process must
be undertaken. A typical site modification would be the
installation of curtain drains surrounding the waste
disposal area to intercept the ground ~ter and carry it
away from the area, as is being proposed for the system in
Bavarian Heights Subdivision.
The systems presently being analyzed for the Bavarian
Heights Subdivision waste disposal include septic tanks with
sand filter trenches, sub-surface and urficial sand filters
with primary settling tanks, or a package treatment
facility.
Page 4
S & S Engineers, Inc.
Bavarian Heights, #1119
June 21, 1982
These systems with the exception of the package treatment
plant are variations of the septic .tank and drain field
system presently utilized on the Anchorage Hillside. These
systems are all recognized as acceptable methods of waste
disposal by the 10-State Standards utilized by reviewing
agencies in the State of Alaska.
One typical system being researched by our sanitary
engineers involves a system as shown below. This in no way
reflects the final system design. It is shown only as an
example.
Sedimentation tank
+ oil and ~rease separator
"~1 sand ~ ......tank ~
f~ten =_.]
'~/I" ~ In addition, to any waste disposal system proposed for
final approval, a~L1 tanks and components of the system will
be insulated to further advance the biological treatment.
Further, the CC & R's will restrict the builders to install-
ation of flow reduction toilets in all residences to cut
down both the demand on the water supply and to reduce the
amount of wastewater which requires treatment.
_ ~p r i m'-'~ry'~"N~_..~..
Deep trench
drain system
discharge
The systems ]Listed above vary in construction costs,
engineering complexity, and the required amount of cost for
operation and maintenance. These economic and engineering
constraints preclude a final determination as to type and
size of the waste disposal system to be utilized for this
subdivision until such time as we can receive approval for
the subdivision. The final approval for the subdivision
will set. the design parameters; ,thus allowi~.0U~
engineers to perform further rese~'!i a~ deslgQ analysis to
'~ recommend to kile s~ate- Dep~rtment of Environmental Conser-
vation and to the Planning and Zoning Commission for final
waste disposal system approval.
Page 5
S & S Engineers, Inco
Bavarian Heights ~1119
The operation and maintenance of the waste disposal system
along with the community water system, roads, walking
trails, playing fields, etc. will be coordinated through a
homeowners association. However, for the operation and main-
tenance of the waste disposal system, the homeowners associa-
tion will be required to retain a professional sanitary
engineer to perform the required maintenance and analysis
of the system that will be utilized. The maintenance
schedule will be coordinated with the Municipal Department
of Health and the State Dept. of Environmental Conservation
for their approval. .~he maintenan~ ~on~ract between the ~
homeowners association and the registered sanitary enginee[.
~will~e rb-neg0tiated e~ry yearl. If. &he homeowners
a~S~cia~ion de~ires tO change sanitary engineering
consultants, they must first notify the Municipality's Dept.~ ~
of Health and Environmental Protection and the State's Dept.
of Environmental Conservation for their approval. The
developer for this subdivision will initiate this contract
with the sanitary engineering firm and will then convey it
~o the homeowners assoc].atzon at their first association
meeting.
Planned unit developments have been around for a long
time and have worked effectively. The essence of the plan-.
ned unit: development is that a collective group of home--
owners are financially and legally responsible for amenities
in a subdivision other than their own individual lot and
home. These amenities can range from something as
insignificant as a small park to a subdivision comprised of
private streets, tennis courts, swi~ing pool, community
water systems, jogging trails, and street lights for which
the homeowners are responsible for the care and maintenance.
Theoretically, there is no limit to the amount of responsi-
bilities that can be assumed by the homeowners association.
Also consistent with membership and organization of a
homeowners association, it is usually a requirement that
each purchaser of a lot, consistent with a mandatory
membership in the association, make an initial cash deposit
in the form of dues. The aggregate of these dollars in
time, collected by the total membership, provides an initial
economic: base for the association.
Page 6
Bavarian Heights #11].9
S & S Engineers, Inc.
June 21, 1982
Starting with this fund and the subsequent contributions
made by the homeowners in the form of monthly dues, there is
sufficient money to pay the current expenses as well as
provide, in effect, a savings account for unforseen
contingencies and repair and maintenance of required items.
The amenities for this subdivision will be installed by
the developer and will be the developer's responsibility
until such time as the homeowners association is activated
and their first organizational meeting is held. The
establishment and their membership in the Homeowners
Association is mandatory upon purchase of the lot in this
subdivision. This mandatory membership is addressed as part
in parcel of the CCR's. At the first association meeting,
the developer will present the membership a proposed budget
for operation and maintenance. This initial budget is
usually adopted by the membersip as well as the by-laws for
the association. Typically, the by-laws will provide that
there be at least one annual meeting and financial report,
at ~ich time a revised budget will he proposed to the
membership for adoption. The budget will reflect the
estimate of the operating costs for maintaining the
amenities as well as a sinking fund reserve for replacement
of any items. Based on the initial budget, the dues will
then be assessed to the individual membership.
It is the intention of the developer to incorporate
into the CCR's of this subdivision any reasonable condit-
ions that the Planning Commission may wish to impose on the
developer and subsequently the Homeowners Association to
assure that the maintenance of the amenities of this sub-
division are continually maintained in a responsible manner.
We look forward to presenting our proposal for this PUD
to the Planning and Zoning Commissiouers for approval. If
you have any questio,%s concerning this proposal or the
engineering requirements, please call o~ect engineer,
Bill Hagmaier at 694.-9846.
TRS:dd
DE[~'T. 4)1; E~VII[ONMEN'F~I~
SOUTftCEN?RAL REGIONAL OFFICE
May 24, 1982
437 E. Stfeo!
SECOND FLOOR
ANCHOI~AG£, ALASKA 99501
(907) 274-2533
P,O. BOX 515
[] KODIAK, ALASKA 99615
(907) 486-3350
[] P.O. BOX 1207
SOLDOTNA, ALASKA 99869
(907) 262-5210
[] P.O. BOX 1709
VALDEZ, ALASKA 99686
(907) 835-4698
[] P.O. BOX 1064
WASILLA, ALASKA 99887
(907) 376-5038
Sherri Wilette
Municipality of Anchorage
Pouch 6-650
Anchorage, Alaska 99502
SUBJECT: Bavarian Heights Water and Sewer
The Department has reviewed the conceptual plans for the water and sewer
system for Bavarian Heights. There appears to be room for the proposed
sewage treatment system and alternative systems. However, final approval
of the system would require far more information about the impervious
strata location, soils type, the soil percolation and permeability, and
the subsurface drainage in the proposed subdivision and on the property
next to the subdivision. Therefore, the Department can grant approval
of the water and sewer system concept only.
Sincerely,
"Bruce E. Erickson
Environmental Engineer
BEE/mm/vh
MUNICIPALITY OF ANCHORAGE
Department of Health & Environmental Protection
Environmental Health Division
Case Review Worksheet
Case Number t Date Received
S-6875 / March 7, ].983
Subdivision or Project Title:
Corm~ents Due By
March 23, ].983
Bavarian Heights Subdivision
Public water available
Con~nunzty water available
Public
Com/~ents:
sewer available