DATE: June 5, 2001
TO: Planning Commission
FROM: Gary Gillette, Planner
Community Development Department
FILE NO.: USE2000-00055 - Allowable Use

PROPOSAL: An application for an Allowable Use permit and hillside development endorsement for a 22 unit apartment building with associated parking and a parking lot to serve off site retail/residential uses.

GENERAL INFORMATION

Applicant:                      Channel View Inc.
Property Owner:            Steve Landvik
Property Address:          345 Gastineau Avenue
Legal Description:           Lots 8A & 10, Block 2, Pacific Coast Addition
Parcel Code Number:     1-C07-0-H02-008-1; -010-0
Site Size:                        16,402 Square Feet
Zoning:                           MU, Mixed Use
Utilities:                          CBJ Water and Sewer Services
Access:                          Gastineau Avenue
Existing Land Use:          Vacant
Surrounding Land Use: North - Gastineau Avenue
                                    South - Retail/Residential
                                    East - Residential
                                    West - Residential

PROJECT DESCRIPTION

The applicant proposes to construct a 22-unit apartment building along with the associated parking. In addition, parking would be developed for retail/residential buildings on South Franklin Street. In the Mixed Use zoning district an allowable use permit, approved by the Planning Commission, is required for development of a multi-family residential building and for a parking lot not associated with a use on the subject site.

The property upon which the development would occur meets the criteria requiring review under the Hillside Development section of the Land Use Code. The Hillside Development Endorsement must be approved by the Planning Commission.

ALLOWABLE USE PERMIT

ANALYSIS

Project Site – The proposed development would occur on a vacant site at 345 Gastineau Avenue (see attached site plan). The site slopes steeply from Gastineau Avenue toward South Franklin Street. Hillside development issues are addressed in the next section of this report. Some grading of the site has taken place previously in anticipation of the proposed project. The site is currently vegetated with grasses.

Project Design – The proposed development includes the construction of parking deck directly accessed from Gastineau Avenue and at the same elevation. Attached to the parking deck would be a five story steel frame building (see attached plans). The building would be finished with "Hardi-plank" siding, vinyl windows, and shingle roofing (see attached elevations).

The size and scale of the proposed building is significantly larger than that of the surrounding buildings. The applicant has worked to reduce the visual impact of the development with some siding treatments and has indicated that further work will be done prior to submitting for a building permit. Utilizing a combination of landscaping, horizontally oriented building elements, hip roof form, and color scheme the applicant intends to visually reduce the bulk of the building.

Traffic – In 1998 the applicant proposed a development on the project site to include a 12 unit apartment building and parking for three retail and residential buildings on South Franklin Street (Alaska Fur Gallery I & II and the H&H Building). The applicant hired USKH to perform a traffic analysis for the 1998 project. The result of that analysis was that Gastineau Avenue had sufficient capacity to handle the anticipated traffic generated by the proposed development.

The currently proposed project includes a 22 unit apartment building and parking for the aforementioned three retail and residential buildings on South Franklin Street. One difference, however, is that the H&H Building will provide parking for its 2,000 square feet of retail space at the Rock Dump served by a shuttle. This is the result of a variance granted by the Board of Adjustment.

The following table compares the anticipated traffic generated by the 1998 project with that anticipated for the currently proposed project. The reference for this comparison is Trip Generation, 5th Edition (ITE, 1991).

 

 

Weekday

P.M. Peak

1998 Project

Rate

Trips

Rate

Trips

Apartments

19 Units

6.28/unit

119

.44/unit

8

Retail

9,800 sq. ft.

40.67/1,000 sq. ft.

398

4.93/1,000 sq. ft.

48

TOTAL

 

 

517

 

56

 

 

 

 

 

 

2001 Project

 

 

 

 

 

Apartments

29 units

6.28/unit

182

.44/unit

13

Retail

7,800 sq. ft.

40.67/1,000 sq. ft.

317

4.93/1,000 sq. ft.

38

TOTAL

 

 

499

 

51

The comparison shows that the amount of apartment generated trips are anticipated to be greater than the earlier project but the retail trips will be less. Overall traffic generated by the proposed project is anticipated to be lower than that of the earlier project. Therefore, it is concluded that the anticipated traffic generated by the currently proposed project will be within the capacity of Gastineau Avenue as analyzed by USKH in 1998. USKH considered their analysis to be conservative because the retail trip rate does not take into account that the bulk of customers for the retail space arrive by cruise ship and it is likely that only employees would require parking.

Parking – The proposed development would include a parking deck providing 28 spaces of which two are disabled accessible (one van accessible). The parking deck would provide parking for the proposed apartment building as well as a portion of three retail/residential buildings on South Franklin Street. The parking requirement for the buildings served are summarized in the table on the following page.

Building

Size/Units

Code

Requirement

Alaska Fur Gallery I

 

 

 

Retail Use

4,800 Square Feet

1 space per 200 Sq. Ft.

24 spaces

Residential Use

2 3-Bedroom Apts.

2 spaces per unit

4 spaces

 

1 2-Bedroom Apt.

1.5 spaces per unit

1.5 spaces

Alaska Fur Gallery II

 

 

 

Retail Use

3,000 Square Feet

1 space per 200 Sq. Ft.

15 spaces

Residential Use

2 2-Bedroom Apts.

1.5 spaces per unit

3 spaces

H&H Building

 

 

 

Retail Use

Accommodated elsewhere

 

 

Residential Use

2 2-Bedroom Apts.

1.5 spaces per unit

3 spaces

Parking District 1

Fur Gallery I & II are located in PD-1 which reduces requirement by 60%. The H&H Building received variance to use the PD-1 standard. Thus 50.5 spaces x .6 = 30.3.

 

-30.3 spaces

SUB-TOTAL 1

 

 

20 spaces

Channel View Apartment

2 2-Bedroom Apts.

1.5 spaces per unit

3 spaces

 

20 1-Bedroom Apts

1 space per unit

20 spaces

Parking District 2

Channel View is in PD-2 which reduces requirement by30%. Thus 23 spaces x .3 = 6.9 or 7.

 

-7 spaces

SUB-TOTAL 2

 

 

16 spaces

TOTAL REQUIRED

 

 

36 SPACES

The CBJ Land Use Code provides that parking spaces may be shared under certain circumstances. The code language is as follows:

"§49.40.200(5) The Commission may authorize the joint use of parking facilities for the following uses or activities under conditions specified:

(B) Up to fifty percent of the parking facilities required by this chapter for primarily daytime uses may be supplied by primarily nighttime uses."

(D) Conditions Required for Joint Use. Any building or use sharing the off-street parking facilities of another building or use shall be located within five hundred feet of such parking facilities. In addition:

(i) The applicant shall show that there is no substantial conflict in the principal operating hours of the two buildings or users for which joint use of off-street parking facilities is proposed; and

(ii) The applicant shall present to the director a written instrument, executed by the parties concerned, providing for joint use of off-street parking facilities, and approved as to form by the city and borough attorney. Upon approval by the director, such instrument shall be filed with the department and the building official."

The distance from the proposed parking and the facilities it will serve is within 500 feet thus meeting the distance condition. The applicant has performed a survey of multi-family residential complexes in the general downtown area (see attached survey report by Murray Walsh). The survey shows that retail parking is primarily a daytime demand and that residential parking is primarily a nighttime demand. Upon review of the survey methodology, analysis, and conclusions, it appears that there is no substantial conflict in the principal demand hours thus a sharing of parking for the proposed facilities is warranted.

To establish a parking requirement it is assumed that during the day the full retail spaces (16) will be needed but only one-half of the residential spaces (10) would be needed for a total of 26 spaces. During the evening the full residential spaces (20) would be needed but only one-half of the retail spaces (8) for a total of 28 spaces. Thus the highest need for parking is during the evening for a total of 28 spaces. The proposed project supplies 28 parking spaces.

The recommendation of approval below includes a written instrument for guaranteeing that the shared parking will be available to the associated facilities. As recommended this would be done prior to issuance of a building permit.

Vegetative Cover – The CBJ Land Use Code requires developments in the Mixed Use zoning district to retain 5% of the site in vegetative cover. The proposed project site is 16,402 square feet thus the required amount of vegetative cover is 820 square feet. The building footprint will be approximately 3,500 square feet. Virtually the rest of the site would be retained in vegetative cover thereby exceeding the requirement.

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

 

BACKGROUND

The proposed project meets the criteria requiring a hillside development endorsement . The CBJ Land Use Code contains the following provisions regarding hillside development:

Article II. Hillside Development

§49.70.200 PURPOSES. The purposes of this article are:

  • (1) To ensure that hillside development provides erosion and drainage control to protect adjoining parcels;

  • (2) To protect waterways from sedimentation and pollution;

  • (3) To minimize injury or damage to people or property from natural or artificial hazards in hillside development; and

  • (4) To minimize any adverse aesthetic impact of hillside development.

  • §49.70.250 STANDARDS FOR APPROVAL. Hillside development shall meet minimum standards regarding roads, weather, sediment and peak discharge.

    §49.70.260 CRITERIA. The Commission shall consider the extent to which development meets the criteria regarding soil erosion, existing vegetation, contours, time of exposure and soil retention, replanting, drainage, foundations, very steep slopes, soil retention features, and wet weather periods.

    §49.70.270 CONDITIONS ON APPROVAL. The Commission may place conditions upon a hillside development endorsement as necessary or desirable to ensure the spirit of this chapter will be implemented in the manner indicated in the application. Fulfillment of conditions shall be certified by the engineer.

    ANALYSIS

    The applicant has submitted information regarding slope stability, topography, site development plans, and other information that is the basis of review for the hillside development review. Detailed information on some aspects of the project will be required for final review and issuance of a building/grading permit.

    §49.70.250 STANDARDS FOR APPROVAL - The Standards for Approval address roads, weather, sediment, peak discharge and other issues. The following analysis and comments are based upon the applicant’s information and review, and recommendations by the CBJ Engineering Department.

    (1) Roads. No roads will be constructed as a part of this project.

    (2) Weather. The project is scheduled to begin as soon as permits are secured which is anticipated for this summer. Much of the preliminary grading has been completed previously. Should site construction activities extend into the fall rainy season the work may be halted at the discretion of the CBJ Engineer if erosion and sediment discharge becomes a problem.

    (3) Sediment. The submitted plans did not specify exact location and details of sediment control devices. The soil report suggests sediment barriers be installed to protect the downhill properties. The location and details of the sediment control devices will be required prior to issuance of a building/grading permit for the project. These controls will require inspection and maintenance on a regular basis. Upon completion of the project, removal and proper disposal of the collected sediment will be required and the slopes revegitated.

    1. Peak Discharge. Peak discharge information was not submitted with the application. This is because runoff from the proposed development will be piped directly into the public storm drain system within Ewing Way. This system appears to be adequate to accommodate the anticipated runoff from the project site.

    §49.70.260 CRITERIA - The commission shall consider the extent to which the development meets the following criteria:

    (1) Soil Erosion. Soil disturbance and soil erosion shall be minimized and the effects thereof mitigated.

    The lower portion of the development will be constructed of a terraced fill and will be subject to erosion until covered with matting or vegetation. Sediment barriers will be required to be installed and maintained along the lower edge of the fill until adequate vegetation is established.

    (2) Existing Vegetation. Depletion of existing vegetation shall be minimized.

    Approximately eight percent of the existing vegetation will remain between the debris catchment wall and the parking deck. Approximately 30% of the existing vegetation will be covered with the raised parking deck. The existing vegetation will probably not survive and will need to replanted with suitable plants or otherwise covered. The remaining portion of the site will be disturbed with building or filling.

    (3) Contours. The developer shall recontour the finished grade to natural-appearing contours which are at or below thirty percent or the natural angle of repose for the soil type, whichever is lower, and which will hold vegetation.

    The visible site grading will consist of terraced fill with rockery features along the lower portion of the building site. Although these would not normally be considered "natural appearing" contours, it will create a more aesthetic alternative to concrete retaining walls.

    (4) Time of Exposure and Soil Retention. The developer shall minimize the period of time that soil is exposed and shall employ mats, silt blocks or other retention features to maximize soil retention.

    The erosion control plan is included with the engineer’s soil report and requires disturbed soils to be seeded and fertilized as soon as the driving/drilling operations are complete. The building permit will include conditions to assure disturbed soil and fill slopes are protected as soon as they are completed or if uncompleted slopes will be exposed longer than two weeks. Sediment barriers will control sediment runoff during the construction period when disturbed soils are exposed to the weather. The building/grading permit will require routine maintenance of these devices.

    (5) Replanting. The developer shall mat, where necessary, and plant all exposed soil in grass or other soil-retaining vegetation and shall maintain the vegetation for one full growing season after planting.

    Soil matting and seeding will be required as stated in items #(2) and #(4) above. A seeding bond will be required to assure covering and replanting, as necessary, for a period of one year after a full growing season.

    (6) Drainage. The developer shall minimize disturbance to the natural course of streams and drainage ways. Where disturbance is unavoidable, the developer shall provide a drainage system or structures which will minimize the possibility of sedimentation and soil erosion on-site and downstream and which will maintain or enhance the general stream characteristics, spawning quality, and other habitat features of the stream and its receiving waters. Where possible, development shall be designed so lot lines follow natural drainage ways.

    All hard surfaces (i.e.- roof and parking deck) will be drained to the storm drain in Ewing Way. The slope in front of the building will be graded to drain to an area drain which is also piped, along with the footing drain, into the Ewing Way storm drain. The remainder of the site that consists of the terraced fill, will continue to drain down hill on the adjacent lots. This flow should be considerable less than the current amount of runoff from the slope.

    (7) Foundations. The developer shall ensure that buildings will be constructed on geologically safe terrain.

    The building is proposed to be constructed on a piling foundation. The soil report indicates suitable bearing capacity is 45 to 54 feet below the surface. A detailed engineered foundation/piling plan will be submitted with the building permit application.

    (8) Very Steep Slopes. The developer shall minimize excavation on slopes over thirty percent.

    According to the applicant’s topography map, the existing slope between the building and Gastineau Avenue averages 64 percent. This portion of the site is not to be regraded, but will have pilings installed to support the parking structure. The building is to be constructed on a

    narrow bench with a slope of approximately 15 percent. The terraced slope, downhill from the
    building, is on an existing slope from 37% to 53%. This portion of the construction, will require careful site preparation including cutting a keyway at the toe of slope to stabilize the fill. It appears the applicant has minimized excavation to that necessary to accommodate the proposed development.

    (9) Soil Retention Features. The developer shall minimize the use of constructed retention features. Where used, their visual impact shall be minimized through the use of natural aggregate or wood, variation of facade, replanted terraces, and the like.

    Rockery soil retention features will be used throughout the project to accommodate the proposed building. Several rockery features will be used to create tiered landscaped benches. The typical rockery section included with the submitted information appears to be suitable for the intended use, however the building permit application will be reviewed in greater detail and some modifications may be required.

    The debris catchment wall along Gastineau Avenue is considered a soil retention feature only in the event of a mass wasting occurrence. This wall is designed to retain the force and volume of material expected during a 100-year event as specified in a Geophysical Hazard Investigation Report done in 1991. This wall will require the installation of tieback anchors to bedrock below the Gastineau Avenue right-of-way. The design of the structure appears to be adequate, however the issue of installing anchors within the public right-of-way has yet to be completely resolved. Based on recent drilling work in the area some settlement may occur due ground water flow. This situation could cause settlement in the street and/ or to buried utility pipes. A bond is recommended that would be of sufficient amount to guarantee restoration of damaged areas should they occur.

    (10) Wet Weather Periods. The developer shall minimize exposure of soil during the periods of September 1st through November 30th and March 1st through May 1st.

    The applicant indicates that construction would occur as soon as all permits are obtained. Any site work to stabilize the soil and drilling would need to be done prior to September 1st to avoid working during wet weather periods. Much of the site preparation has already been done with a grading permit in anticipation of Gastineau Avenue being closed for reconstruction. This will simplify the remaining site work and it is anticipated work would be accomplished before the rainy season begins in September. The building/grading permit will require the applicant to include a construction schedule and that it be periodically reviewed, to verify the schedule is being met. If weather does not allow for site grading to be completed in accordance with the schedule, a revision will be required.The CBJ Engineer will have the discretion to halt the work if soil exposure becomes a problem during wet weather periods.

    §49.70.270 CONDITIONS ON APPROVAL – In accordance with the Land Use Ordinance, the Planning Commission may place conditions upon the hillside endorsement consisting of the following: development schedule, dedications, construction guarantees and lot size. The following recommended conditions are considered by CDD and Engineering staff to be essential for approval of the proposed project in accordance with the hillside development section of the code.

    (1) Prior to site grading and after issuance of the Hillside Development Endorsement, a building/grading permit shall be obtained from the CBJ Building Division. The grading permit will review grading/drainage and retaining wall plans for specific design and details.

    (2) The applicant shall retain a civil engineer to inspect the slope rockery features during installation and to certify compliance with the approved plan.

    (3) Prior to any site grading, all necessary drainage easements shall be obtained and recorded.

    (4) A bond in the amount of $100,000.00 shall be submitted to guarantee restoration of any damage to the street and utilities that might occur as a result of the work of the project. The bond will also guarantee replanting of vegetation as required.

     

    ALLOWABLE USE and HILLSIDE ENDORSEMENT

    FINDINGS

    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. The application contains the information necessary to conduct a full review of the proposed development and hillside endorsement. The application submittal by the applicant including the appropriate fees, substantially conform to the requirements of CBJ code Chapters §49.15 and §49.35.

    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 1.300 (multi-family dwellings) and 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 Juneau Empire under Your Municipality which ran on June 1, 2001. A public notice sign was posted on the site at least fourteen days prior to the meeting and notice was mailed to owners of record of all property within 500 feet of the subject property.

    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.

    6. Has the Planning Commission considered the extent to which criteria for the hillside endorsement have been met?

    Yes. Based on the review and recommendations of the CBJ Engineering Department regarding site drainage, soil erosion, soil retention, revegetation, and construction schedule, it appears that the criteria for the hillside endorsement are met provided the recommended conditions are implemented.

    7. Have the conditions for joint use of parking facilities been met?

    Yes. The parking is within 500 feet of the user facilities, it has been demonstrated that there is no substantial conflict between the day time and night time users, and a written instrument guaranteeing availability of the parking for the user facilities would be required prior to issuance of a building permit for the project.

     

    RECOMMENDATION

    Shared Parking

    It is recommended that the Planning Commission adopt the director's analysis regarding parking needs of the proposed development and allow 50% shared use of 28 parking spaces. This parking shall be used for the residential users of the 22 unit apartment building, the retail and residential users of the Alaska Fur Gallery I & II buildings and the residential use for the H&H Buildilng.

    Allowable Use and Hillside Endorsement

    It is recommended that the Planning Commission adopt the director's analysis and findings and grant the requested allowable use permit and hillside development endorsement. The permit would allow development of a 22 unit apartment building with associated parking and a parking lot to serve off site retail/residential uses. The approval is subject to the following conditions:

        1. Prior to site grading and after issuance of the Hillside Development Endorsement, a building/grading permit shall be obtained from the CBJ Building Division. The grading permit will review grading/drainage and retaining wall plans for specific design and details.

        2. The applicant shall retain a civil engineer to inspect the slope rockery features during installation and to certify compliance with the approved plan.

        3. Prior to any site grading, all necessary drainage easements shall be obtained and recorded.

        4. A bond in the amount of $100,000.00 shall be submitted to guarantee restoration of any damage to the street and utilities that might occur as a result of the work of the project. The bond will also guarantee replanting of vegetation as required.

        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.

        6. Prior to issuance of a building permit, the applicant shall submit to CDD staff, for review and approval, exterior lighting specifications to show that installed luminaires will not cause glare to adjacent properties or roadways.

        7. Prior to issuance of a building or grading permit, the applicant shall obtain a street vacation for a portion of Gastineau Avenue (SUB2001-0002) approved by the Planning Commission. Further, the applicant shall submit a plat, which shall be approved by CDD for recording.