DATE: December 5, 2000

TO: Planning Commission

FROM: Gary Gillette, Planner
Community Development Department

FILE NO.: USE2000-00074 (Conditional Use)

PROPOSAL: A second extension to a Conditional Use permit (USE1997-00072) to allow
development of a commercial/retail building in a Waterfront Industrial zoning district.

GENERAL INFORMATION

Applicant: Jensen Yorba Lott

Property Owner: Franklin Dock Enterprises

Property Address: 700 South Franklin

Legal Description: Lot 1A, Franklin Dock Enterprises 2

Parcel Code No.: 1-C10-0-K83-003-0

Site Size: 2.9 Acres

Zoning: WI, Waterfront Industrial

Utilities: CBJ Sewer and Water available

Access: South Franklin Street

Existing Land Use: Vacant

Surrounding Land Use: North – S. Franklin Street

South – Gastineau Channel

East - Franklin Dock

West - Industrial

PROJECT DESCRIPTION

The applicant proposes to construct a single story building of approximately 11,900 square feet. The building would support commercial/retail space located in a waterfront industrial zoning district. The project would also include a 24 space parking lot on the subject site along with landscaping and other amenities.

BACKGROUND

The applicant requests a second extension to a conditional use permit (USE1997-00072) which was previously approved by the Planning Commission. The first extension to the original permit (USE1999-00009) was approved by the Commission on June 22, 1999. That extension expires on December 22, 2000.

The CBJ Land Use Code provides that a major development permit may be extended by the Planning Commission for a period of 18 months. The code provides that one additional extension of a period of 18 months may also be granted. The applicant must apply for the extension at least 30 days prior to the expiration date of the permit. The Commission may not delete, amend, or add to the conditions contained in the permit. If the Commission determines that conditions should be changed the Commission may deny the extension request. The applicant then may submit the project for review as though it were a new permit. The Commission may not grant more than two extensions to a major development permit.

A copy of the previous staff reports and Notice of Decisions are attached.

ANALYSIS

The applicant applied for the extension to a previously approved Conditional Use permit (USE1999-00009) at least 30 days prior to the expiration date. The applicant has proposed no changes to the project as previously presented. Staff recommends no changes to the conditions of approval.

FINDINGS

1. Was the request received at least 30 days prior to expiration of the permit?
2. Yes. The permit expires on December 22, 2000. The applicant submitted a request for permit extension on November 15, 2000.
3. Are deletions, amendments, or additions to the conditions of the previous permit required?

RECOMMENDATION

It is recommended that the Planning Commission adopt the director’s analysis and findings and grant an extension for 18 months to the previously approved Conditional Use permit (USE1999-00009) with the same conditions as contained in the Notice of Decision dated June 23, 1999. The conditions are as follows:

1. For the duration of the operation of this permitted facility, the applicant shall provide a minimum of 24 parking spaces on the subject site.
2. For the duration of the operation of this permitted facility, the applicant shall comply with the conditions regarding parking on the adjacent Franklin Dock site in accordance with the Notice of Decision dated August 29, 1996 for VR-37-96. These conditions are:

1. The applicant shall submit to the Community Development Department, for final review and approval, a site plan of the dock facility parking area to show that 36 parking spaces can be accommodated on the site for use during the tourist off-season, essentially from October 1 through April 30.
2. The applicant shall submit to the Community Development Department a letter from the property owner of the dock facility allowing the use of the area for off-season parking and agreeing to maintain this area for use during the off-season.
3. If it is determined by the director that the 24 spaces on the subject site is inadequate for the summer tourist uses, that applicant shall manage the dock facility parking area such that overflow parking may occur at the dock site when not used to serve cruise ships at the dock.