DATE: February 5, 2001

TO: Planning Commission

FROM: Gary Gillette, Planner

Community Development Department

FILE NO.: USE2000-00077- Conditional Use

PROPOSAL: A conditional use permit to construct a retail/residential building in a designated hazard zone.

 

GENERAL INFORMATION

Applicant: Jack Tripp

Property Owner: Timberwolf Ventures

Property Address: 428 South Franklin Street

Legal Description: Lot 11, Block 83 Tidelands Addition

Parcel Code Number: 1-C07-0-K83-006-0

Site Size: 2,804 Square Feet

Zoning: WC, Waterfront Commercial

Utilities: CBJ Water & Sewer

Access: South Franklin Street

Existing Land Use: Vacant

Surrounding Land Use: North - S. Franklin St./Commercial & Residential

South - Gastineau Channel

East - Commercial & Residential

West - Vacant

 

PROJECT DESCRIPTION

The applicant proposes to develop a two-story frame building of approximately 4,100 square feet. The building would contain retail uses on the first floor and residential on the second floor.

 

BACKGROUND

The proposed development is within a designated hazard zone thus requiring a Conditional Use permit approved by the Planning Commission. The applicant has indicated that a building is planned across the street from the subject site which, when constructed, would mitigate the impacts of any hazard as a result of a landslide event. Until such time that a building is actually constructed on the referenced site, any mitigation it might offer can not be considered for the subject building. If a building is constructed on the referenced site prior to the development of the subject site, the applicant may apply for a Conditional Use permit based on analysis of the new situation.

 

ANALYSIS

As provided in the CBJ Land Use Code, all development greater than a single-family residence in a landslide or avalanche area requires a Conditional Use permit.

  • CBJ 49.70.300 (3) notwithstanding any other provisions, all subdivision other than boundary line relocation and all development greater than a single-family dwelling within landslide or avalanche areas shall require a Conditional Use permit.
  • Project Site - The proposed site of the project is located on channel side of South Franklin Street. The site is located in a designated hazard zone. The site is relatively flat at the front but drops off at the channel. The site would be developed with a building and small deck on the channel side. 

    Project Design - The proposed project would consist of a two-story frame building and a wood dock supported on steel pilings. The building will be designed to withstand the impacts of debris flow in accordance with recommendations of a hazard analysis.

    Hazard Analysis – The applicant provided CDD with a hazard analysis report (attached). The report included recommendations for design criteria for the building to withstand the anticipated debris flow of a landslide event. Terry Brenner, PE of the CBJ Engineering Department, reviewed the report. He concurred with the findings and recommendations of the report submitted by the applicant. The recommended design criteria includes the following: Debris flow velocity = 20.5 feet per second; and Impact loading = 1627.95 pounds per square foot.

    Public Health or Safety – The proposed building will be required to be designed to the standards as recommended in the hazard analysis report. The building will be inspected during construction to assure that engineering and life safety standards are met.

    Property Value or Neighborhood Harmony – According to the submitted hazard report and after review by CBJ Engineering it has been determined that a significant risk to property value is associated with the proposed development. The risk can be mitigated if the applicant designs and constructs the building in accordance with the design standards recommended in the hazard report.

    Conformity with Adopted Plans - The Juneau Comprehensive Plan addresses issues relative to development in a hazard zone as follows:

  • Policy 3.11 it is the policy of the CBJ to minimize the threat to human safety and development posed by landslides and avalanches.
  • The project would be constructed in accordance with recommendations of the hazard the analysis report submitted with the application thus in conformance with adopted plans.

    Juneau Coastal Management Program - The proposed project was reviewed for conformance with the JCMP as contained in the Land Use Code. Relative to the issue of construction in a hazard zone, it appears that no enforceable policies of the JCMP apply to the project. 

    FINDINGS

    CBJ ?49.15.330 (e)(1), Review of Director's Determinations, states that the Planning Commission shall review the director's report to consider:

  • 1. Whether the application is complete; and,

    2. Whether the proposed use is appropriate according to the Table of Permissible Uses;

    3. Whether the development as proposed will comply with the other requirements of this chapter.

  • The commission shall adopt the director's determination on the three items above unless it finds, by a preponderance of the evidence, that the director's determination was in error, and states its reasoning for each finding with particularity.

    CBJ ?49.15.330 (f), Commission Determinations, states that even if the commission adopts the director's determination, it may nonetheless deny or condition the permit if it concludes, based upon its own independent review of the information submitted at the public hearing, that the development will more probably than not:

  • 1. Materially endanger the public health or safety;

    2. Substantially decrease the value of or be out of harmony with property in the neighboring area; or,

    3. Not be in general conformity with the comprehensive plan, thoroughfare plan, or other officially adopted plans.

  • Per CBJ ?49.15.330 (e)(1)(A through C), Review of Director's Determinations, the director makes the following findings on the proposed development:

  • 1. Is the application for the requested Conditional Use permit complete?

    Yes. The application contains the information necessary to conduct a full review of the proposed development in a designated hazard zone. The application submittal by the applicant, including the appropriate fees, substantially conforms to the requirements of CBJ code Chapters 49.15.

    1. Is the proposed use appropriate according to the Table of Permissible Uses?
  • Not Applicable. The Table of Permissible Uses does not address development in a moderate landslide/avalanche zone. The proposed use, or development, is authorized at CBJ 49.70.300.

    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

    February 2, 2001. A public notice sign was posted on the site at least 14 days prior to the meeting and notice was mailed to owners of record of all property within 500 feet of the subject property.

    4. Will the proposed development materially endanger the public health or safety?

    No. The building would be required to meet the structural design criteria as recommended in the hazard analysis report and will be inspected during construction to assure that engineering and life safety standards are met. Thus, the proposed development will not endanger the public health or safety.

    5. Will the proposed development substantially decrease the value of or be out of harmony with property in the neighboring area?

    No. A significant risk to property value is associated with the proposed development, however, the risk can be mitigated with proper design and construction. Thus the proposed development would not substantially decrease the value of or be out of harmony with property in the neighboring area. 

    6. Will the proposed development be in general conformity with the land use plan, thoroughfare plan, or other officially adopted plans?

    Yes. Policy 3.11 of the Juneau Comprehensive states; "It is the policy of the CBJ to minimize the threat to human safety and development posed by landslides and avalanches." The proposed development would be constructed in accordance with recommendations of a hazard analysis report dated December 12, 2000. Thus, the proposed project is consistent with adopted plans of the CBJ.

    7. Will the proposed development comply with the Juneau Coastal Management Program?

    Not Applicable. The proposed project was reviewed for conformance with the JCMP relative to the issue of construction in a hazard zone. It was found that no enforceable policies of the JCMP apply to the proposed development.

  • RECOMMENDATION

    It is recommended that the Planning Commission adopts the director's analysis and findings and grant the requested Conditional Use permit. The permit would allow the development of a two-story retail and residential building within a designated hazard zone. The approval is subject to the following condition:

    1. The applicant shall design and construct the proposed building utilizing the following recommended design criteria as identified by CBJ Engineer, Terry Brenner upon review of hazard analysis reports by Doug Swanston dated December 12, 2000 and September 7, 1996: Debris flow velocity = 20.5 feet per second; and Impact loading = 1627.95 pounds per square foot.