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Home My WebLink AboutEQUESTRIAN HEIGHTS Name Change from Bavarian Heights S-6875 & ENGINEERS, INC,, S 7125 OLD SI-'WARD HIGHWAY · ANCHORAGE, ALASKA 99502 March 23, 1983 MUN{CIPALITY OF ANCHORAQE DI=PT, O~ H~ALTi{ & ENViRO~Mr:N1AL PROI'ECTION John Lynn Dept. of Health and Environmental Protection 9th & "L" Street Anchorage, Alaska 99501 RE: Bavarian Heights Cluster Subdivision; Job 1119 RECEIVED /-/:30 Dear John: This letter is writ:ten to clarify the labeling of some of the soil profiles and perc tests performed for Bavarian Heights Subdivision. The narrative section for the soil prof:Lles submitted in the packet for Bavarian Heights Subdivision includes a table which referenced some soils; and perc holes as un-percable. This label is somewhat misleading. ~he test holes were labeled as un-percable due to the fact that surface water continued to flow into the test holes and contaminated the percolation tests during testing. The soils found in each of these holes are of a percable nature. These percable soils range from slightly silty gravels to sandy gravels. These soils have drain field area requirements of 225 sq. ft. per bedroom to as little as 85 sq. ft. per bedroom. The areas tested for percolation rates under these conditions will accept on-site septic systems. Additional percolation tests will be performed on these lots in question 'to prove the accuracy of the visual percolation analysis. In addition, there were some locations within the subdivision that were labeled as un-percable due to a high groundwater table. This label as un-percable will be removed from these lots and test holes when the groundwater table is lowered through the proposed fin drain and sub-drainage systems, as shown on the submitted plats. Again, the visual classification of the soils in these areas of high groundwater are shown to be well-graded gravels and sandy gravels. These soils are acceptable to on-site septic systems, provided the groundwater table is a minimum of four feet below the proposed septic system. ANCHORAGE EAGLE RIVER WASILLA HOMER (907) 349.6581 (907) 694-9846 (907) 376-3770 (907) 235-8179 MUNICIPALITY OF ANCHORAGE MEMORANDUM .,/ 914)15 (Rew 1181) IN TIlE SUPERIOR COURT FOR THE STATE OF ALASKA THIRD JUDICIAL DISTRICT AT ANCHORAGE ~IDGER ENTERPRISES Appellant, MUNICIPALITY OF ANCHORAGE SSEMBLY/BOARD OF ADJUSTMENT Appellee. ~.ase No. 83-8313 Civil STIPULATION COME NOW the parties to this appeal and enter into the g stipulation pursuant to certain orders of the Court and ~greement between the parties. On April 4, 1985, the Court, the Honorable J. Justin Ripley presiding, heard oral argument on the issues raised by the Appellant and the responses thereto by the Appellee. The Court, having considered the pleadings to date, the file, the briefs and ~aving considered the exhibits and affidavits filed herein ruled rom the bench the Platting Board would be ordered to issue a lat to the Appellant based upon certain conditions and that the arties could agree to to inclusion of certain other conditions .r the Court would later resolve those conditions not stipulated to by the parties. Based upon the Court~s ruling and negotiations between ;he parties, the parties now stipulate as follows: 1. The Appellant is dptermined to be the prevailing party to this appeal based upon a finding by ~he ~ourt that the record as a whole lacks substantial evidence forming a reasonable ~asis for refusa~ of preliminary plat approval by the Platting ~oard for the Municipality of Anchorage. 2. The Platting Board for the Municipality of ~nchorage shall, at its next regular meeting after being ~resented with the Judgment of the Court, approve the plat which s attached to this Stipulation and the Judgment subject to the below listed conditions. Approval shall be immediate and without the necessity of further public hearings or Board deliberation ~xcept for the purpose of approving said plat. 3. Approval of the attached plat shall be preliminary plat approval and the Platting Board shall issue a final plat ~pon Appellant's completion of the conditions for final plat ~pproval as set forth in this Stipulation and the Oudgment based ~pon this Stipulation. 4. The development described in the attached plat ~hall be carried out in two phases: the first involving the ]evelopment of 27 lots (out of a total of 40 lots) which lots ¢ill have no high water table problems and which lots are ~onsidered dry lots; the second phase involving the remaining 13 ~ots which do have a groundwater problem. It shall not be ~ecessary to have completed both phases prior to issuance of !inal plat approval on phase I of this dsvelopment project. At such time as the conditions ~or final plat approval have been completed for phase I, final plat approval shall be granted by the Platting Board for the Municipality of Anchorage~ even though the conditions for final approval of Phase II have not yet been satisfied. It is ~he intent of the parties that at such time as Phase I has been completed, the Appellant will be able to obtain immediate final plat approval of the 27 lots so that said lots may be conveyed immediately thereafter. No further public hearings shall be required for final plat approval of either Phase I or Phase II. At such time as the additional conditions of final plat approval hgve ~en completed, such final approval for Phase II shall be approved ~by the Platting Board for the qunicipality of Anchorage. 5. The specific conditions under which a preliminary ,lat shall issue and which shall be successfully completed for 'hase I are as follows: a. Resolving utility easements; b. Obtaining a wetlands permit from the Corps of Engineers, if required. c. Providing a soils report from a registered soils engineer indicating which lots may require engineered foundations, a.d placing an appropriate note on the plat. d. Resolving drainage and drainage easements with Public Works Engineering. e. Resolving the need for footing drains, and footing drain stubouts with Public Wgrks Engineering. f. Providing a soils, sedimentation, and erosion control plan prior to plat recording. This condition may be required by the below referenced subdivision agreement in lieu of being a condition that must be satisfied prior to plat approval. g. Removing the well from the right-of-way or moving the right-o~-wa? outside the well location. h. Resolving the need for any temporary turnarounds with Public Works Engineering. i. Resolving the location of the intersection of Northfield Drive and Pickett Street with Public Works j. Enteri.g into a subdivision agreement for: (1) Creation of Appellant's Community Water (2) Subdivision agreement to construct all .(3) Northfield Drive to suburban access ~tandards from the subdivision to Rabbit Creek Road (strip )aving only); 6, The specific conditions under which a preliminary )lat shmll issue and which shall, be successfully'completed for ~hsse II are as follows: a. Completion of conditions a through j, 2 3 6 ? 9 $2 2O 22 24 25 26 27 28 inclusive as set forth in Paragraph 5 abpve. b. Installing the under drain system and monitoring that under drain system for a period of 24 months with [inal resolution from the Departments of Health and Public Works :o determine the effectiveness of the under drain system and the ability of each of the 13 lots subject to this condition to function with an on-site septic system. 7. The monitoring requirement as §et forth in ?aragraph 6 above shall be a requirement for the 13 lots of Phase II only. Because the monitoring must extend over a 24 month ,eriod, it will be impossible to make application for final plat pproval within the normal 18 mont~ period. As such, the time for final plat approval shall be extended to 30 months for completion of the Phase II condition~ and application for final ~lat approval. 8. The preliminary plat shall issue to Rexford L. Turner, successor to Bridget Enterprises. 9. A Judgment shall issue setting forth the agreement )f the parties contained herein. Judgment moy issue immediately Dy the Court. AfZtorney for Appellant Bridger Enterprises A&unicipality of Aacho 'ap, e P.O. BOX 6650 ANCHORAGE, ALASKA 99502-0650 (907) 264-4111 TONY KNOWLES. MA YOR 264-4267 September 6, 1985 DEPARTMENT OF COMMUNITY pLANNING Bridger Enterprises P.O. Box 589 Eagle River, Ak 99577 Dear Petitioner: On__S~p_td 5. 1985__, the Anchorage Platting Authorit:y acted on your petition 'for subdivision ~X .resubdivtsion vacation of S_6.8~_S_~_VARIAN HEIG~TS SUBDIVISION The petition was XXX _approved denied , withdra%.m by the petitioner postponed returned for modification Conditions, if any, attached by the Platting Authority are on the enclosed Summary of Action and Minutes. If you have any questions on these conditions or changes, please call our office. (264-4267) APPROVAL IS VALID ONLY FOR 18 ~,O~,,rlS Within that time, you must accomplish the following tO finalize your subdivision and/or vacation petition. 1, Negotiate a subdivision agreement with the Public Works Department if required. 2. Meet the conditions specified by the Platting Authority which are included in the attached Sum~ary of Action/Xinutes. 3. Comply with all applicable provisions of Anchorage Land Subdivision Regulations. 4. In the case efa' subdivision, submit to the Planning Department a properly executed final plat ready :for filing. If you wish to appenl this decision or any of the conditions, t,e will be happy to furnish copies of our appeal procedures. Please note that all appeals must be made within fifteen (15) days of the Platting Board's action. Sincerely, Planning Department CC: SUMMARY OF ACTION Platting Board Meeting September 4, 1985 Page 3 3. S-6875 BAVARIAN HEIGHTS SUBDIVISION Approval of the plat as indicated in the judge- ment by the court, subject to: The specific conditions under which a preli- minary plat shall issue and which shall be successfully completed for Phase I are as follows: a. Resolving utility easements; b. Obtaining a wetlands permit~from the Corps of Engineers, if required; Providing a soils report from a registered soils engineer indicating which lots may require engineered foun- dations, and placing an appropriate note on the plat; d. Resolving drainage and drainage ease- ments with Public Works Engineering; Resolving the need for footing drains, and footing drain stubouts with Public Works Engineering; Providing a soils, sedimentation, and erosion control plan prior to plat recording. This condition may be required by the below referenced sub- division agreement in lieu of being a condition that must be satisfied prior to plat approval; ge Removing the well from the right-of-way or moving the right-of-way outside the well location; Resolving the~ need for any temporary turnarounds with Public Works Engineering; Resolving the location of the intersec- tion of Northfield Drive and Pickett Street with Public Works; and ~ POUCH 6-650 /V ,unicipality ANCHORAGE, ALASKA 99502-0650 Oanuar~ 15, 1986 Bridger Enterprises P.O. Box 589 Eagle River, Alaska 99577 Attention: Rexford L. Turner Dear Mr. Turner: ..... tlon, the platting ording to the attached judgement and stlpu~a ' . _ . Bavarian Heights Subdivision was ~cc ~,- ~' n for Case S 68754 =n nrd r b the Honorable ~ ~ ~lO ..... S .... e Y ~u~ ~ The judgement court.. Therefore, the pre].iminary reverS=~. Justin Ripley of the Superior subdivzsion was approve~ on August plat, S-6875 Bavarian Hezghts 30, 1985 subject to the court'S stipulationS. An explanation of the expiration dates for both Phase I and Phase IIi are included within the judgement, phase I (one) expires on February 30, 1987. Phase II (~wo) expires on February 30, 1988. In order to record a final plat, all the requirements under Anchorage Municipal Code 21.15.120 - F_~ina~l Pl_~a~ ~ilin_q, must be met. If you have any questions, please call me at 264-4267. ..... r~ Y /~ Je~ry T. Weaver, Jr. Platting officer . 0 3w2/bll cc: John W. Abbott, Attorney at LaW ' n Datum Enginering Ed McM211a , AttachmentS: (1) judgement