DATE: February 6, 2001
TO: Planning Commission
FROM: Oscar Graham, Planner
Community Development Department
FILE NO.: USE2002-00002 – Allowable Use
PROPOSAL: Modification of USE 2000-00055. An Allowable use permit for a joint use parking plan for the Channel View Apartments and the proposed Trucano/Landvik Building.
Applicant: Steve Landvik
Property Owner: Ewing Way Associates Limited
Property Address: 345 Gastineau Avenue
Legal Description: Pacific Coast Addition Bl 2, lot 8A & 10
Parcel Code Number: 1-C07-0-H02-010-1
Site Size: 19,452 Square Feet
Zoning: Mixed Use
Utilities: CBJ Water and Sewer Services
Access: Gastineau Avenue
Existing Land Use: Vacant
Surrounding Land Use: North - Gastineau Avenue/Residential
South - Tourist Oriented Retail/Residential
East - Tourist Oriented Retail/Residential
West - Tourist Oriented Retail/Residential
The applicant requests modification to an allowable use permit to amend the shared parking plan. The structural element including the apartment building, parking structure and Hillside Development Endorsement was approved pursuant to USE2000-00055 in June 2001. The subject modification is requested only to modify the shared parking plan by eliminating use of the spaces which were to satisfy the commercial requirements associated with the Alaska Fur Gallery (AFG) 1 & 2 buildings. Fourteen of the fifteen commercial-retail parking spaces which were to be utilized by AFG are proposed under this application and in conjunction with USE2001-00042 and Variances 2001-00027, 00028 & 00029 to be utilized to fulfill the commercial parking requirement of the Trucano/Landvik Building (TLB). The location of the TLB is approximately 495 feet south of the subject property. (Attachment A: Application)
The Notice of Decision for USE2000-00055 included a condition (#5) requiring a deed restriction on the Channel View property reserving 20 parking spaces for use by AFG 1& 2 and H& H as follows. (Attachment B: Notice of Decision USE2000-00055)
5. Prior to issuance of a building permit the applicant shall demonstrate that a deed restriction has been recorded with the State recorders Office on the subject property to reserve 20 parking spaces to be allotted to meet the land use code requirements for the retail/residential use of the Alaska Fur Gallery I & II buildings, and the residential use of the H & H Building. Further, half of these spaces shall be made available to the Channel View Apartment building in accordance with the shared parking concept approved by the Planning Commission.
Following approval of USE2000-00055 the owner of AFG 1 & 2 and H & H determined that the commercial parking spaces were not needed and advised the developer of the Channel View Apartments that their parking agreement would be amended to address only the 4 residential spaces associated with Fur Gallery 1 & 2 and 1 residential space for the H & H Building. (Attachment C: Letter Revising Shared Parking Agreement)
The subject modification request is made in order to:
Project Site - The approved development will occur on a vacant site at 345 Gastineau Avenue. The site slopes steeply from Gastineau Avenue toward South Franklin Street. Hillside development issues have been addressed through approval of USE2000-00055. Some grading of the site has taken place in anticipation of the proposed project. The site is currently vegetated with grasses. The modification is limited to the substitution of 14 commercial parking spaces for use in conjunction with the proposed TLB for 15 spaces previously reserved for use by AFG 1 & 2.
Project Design - The approved development includes the construction of a parking deck directly accessed from Gastineau Avenue and at the same elevation. The modification requested will not alter the project design but rather the commercial users of the parking spaces. (Attachment E: Plan View and Section)
Traffic – No changes in traffic patterns or trip generation are anticipated as a result of the modification request. The modification proposes to change the commercial users of the parking spaces only.
Parking and Circulation - The approved development includes a parking deck providing 28 spaces of which two are disabled accessible (one van accessible). The parking deck will provide parking for the apartment building and would, as a result of the proposed modification, be utilized to fulfill the parking requirement of the proposed TLB. The parking proposal incorporates the shared/joint use concept approved under USE2000-00055 and would provide 14 spaces to fulfill the commercial parking required for TLB. (Attachment F: Shared Parking Plan approved under USE2000-00055)
The parking proposal is also under the staff reports addressing USE20001-00042 and VAR2001-00027 and 00029.
Vegetative Cover – No changes to the area of the site maintained in vegetative cover are proposed in association with the proposed modification.
Exterior Lighting - No exterior lighting has been proposed at this time. Typically lighting is determined as the project is further developed for building permits. CDD staff should review particular exterior lighting planned for the project such that it does not cause glare to adjacent properties or roadways.
Juneau Coastal Management Program - The proposed development was reviewed for compliance with CBJ §49.70.900, the Juneau Coastal Management Program. The analysis reveals that no enforceable policies of the JCMP apply to the proposed project.
Hillside Development Endorsement – The Hillside Development Endorsement was approved by the Planning Commission under USE2000-00055. The conditions of approval are not effected by the proposed modification.
Signs - A separate permit process per CBJ §49.45, Signs, requires that all signs proposed by the development be submitted to CDD staff for review and approval.
Juneau Coastal Management Program - The proposed development was reviewed for compliance with CBJ §49.70.900, the Juneau Coastal Management Program. The analysis reveals that
CBJ §49.15.320 (e), Decision, states that the Planning Commission shall consider the allowable use permit application and shall review the Community Development Director's recommendation with respect to:
1. Whether the application is complete;
2. Whether the requested permit is appropriate according to the Table of Permissible Uses;
3. Whether the development as proposed will comply with the other requirements of this chapter; and,
4. Whether conditions are necessary for approval.
The commission shall approve the application and grant the permit unless it finds, by a preponderance of the evidence, that one or more of the criteria have not been met. In either case the commission shall adopt written findings setting forth the basis for its decision.
Per CBJ §49.15.320 (e)(1 thru 4), Decision, the director makes the following findings on the criteria for granting the requested allowable use approval:
1. Is the application for the requested allowable use permit complete?
Yes. We find the application contains the information necessary to conduct a full review of the proposed operations. The application submittal by the applicant, including the appropriate fees, substantially conforms to the requirements of CBJ Chapter 49.15.
2. Is the requested permit appropriate according to the Table of Permissible Uses?
Yes. The requested permit is appropriate according to the Table of Permissible Uses. The permit is listed at CBJ §49.25.300 section 10.100 (parking lot) for the mixed use zoning district.
3. Will the proposed development comply with the other requirements of this chapter?
Yes. The proposed development complies with the other requirements of this chapter. Notice was provided in the in the Juneau Empire under Your municipality, which ran on February 1 and 11, 2002.
4. Are conditions necessary for approval of the requested allowable use permit?
Yes. Based on the preceding staff analysis, it is found that conditions are necessary for approval of the requested permit. The conditions are listed in the following Recommendation.
Per CBJ §49.70.900 (b)(3), General Provisions, the director makes the following Juneau Coastal Management Program consistency determination:
5. Will the proposed development comply with the Juneau Coastal Management Program?
Not Applicable. Based on the preceding staff analysis, it is found that no provisions of the Juneau Coastal Management Program apply to the proposed development.
It is recommended that the Planning Commission adopt the director's analysis and findings and grant the requested modification to Allowable Use Permit 2000-00055. The approval would allow the modification of the shared/joint use parking plan approved under USE2000-00055 and provide for amendment of Condition 5 of the Notice of Decision. Approval is subject to the following conditions:
Prior to issuance of a building permit, the applicant shall demonstrate that a deed restriction has been recorded with the State Recorders Office on the subject property, to reserve
20 five parking spaces to be allotted to meet the land use code requirements for the retail/residential use of the Alaska Fur Gallery I & II buildings and the residential use of the H&H Building. Further, half of these spaces shall be made available to the Channel View Apartment building in accordance with the shared parking concept approved by the Planning Commission.