DATE:

DATE: March 8, 2001

TO: Planning Commission

FROM: Oscar Graham, Planner
Community Development Department

FILE NO.: USE2001-00008

PROPOSAL: Request for a conditional use permit for utilization of a 120 square foot temporary structure for retail sale of seafood in an industrial zoning district.

GENERAL INFORMATION

Applicant: Joanne Schmidt, Susan Doyle

Property Owner: Hugh Grant

Property Address: 5165 Glacier Highway

Legal Description: Lot A1 & A2, Alkat Subdivision

Parcel Code Number: 5-B12-0-100-003-0

Site Size: Approximately 550 square feet of an overall area of 12.05 Acres

Zoning: I, Industrial

Utilities: CBJ Water and Sewer Services

Access: Old Glacier Highway

Existing Land Use: Commercial/Retail

Surrounding Land Use: North - Commercial/Retail

South - Vacant

East - Old Glacier Highway

West - Industrial

PROJECT DESCRIPTION

The applicant requests a conditional use permit for the utilization of a temporary 120 square foot building for use as a retail seafood outlet. The retail use is seasonal from April through November. The applicant asks that this permit be issued for a period of 3 years (through 2004) at which time a new permit may be sought.

BACKGROUND

The subject structure has been utilized on the site since 1997 by the former operator. The new operator is requesting a conditional use permit to continue retail sales at this location.

ANALYSIS

Project Site - The project is located adjacent to Grant’s Plaza. The business is housed in a small (120 square foot) temporary building.

Project Design - The wood frame building features a gable roof with false front. It has a combination of horizontal and diagonal wood siding with composition roofing.

Traffic - The business, which is located in an existing shopping center, is not expected to generate a significant increase in traffic to the site.

Parking and Circulation - The CBJ Land Use Code requires one parking space for the building. Parking for the employees and customers is located adjacent to the building in the open lot.

Noise - It is not anticipated that the proposed use would have adverse impacts due to noise.

Signs - The CBJ Land Use Code requires the issuance of a permit to place a sign on the establishment. The applicant has indicated that an 18" by 40" sign is proposed for use in conjunction with the facility. The proposed sign appears to comply with the applicable provisions of Section 49.45 of the CBJ Code. The applicant should work with Community Development staff to obtain a valid sign permit.

Exterior Lighting - No exterior lighting is proposed for this project. There is adequate existing lighting on the subject property.

Public Health or Safety - There have been no issues identified that would appear to have adverse impacts on the public health or safety arising from the requested use permit.

Property Value or Neighborhood Harmony - The proposed use is in keeping with other uses on the site and in the immediate vicinity. Therefore it is not anticipated that there will be any adverse impacts to property value or neighborhood harmony.

Conformity with Adopted Plans - The proposed use is in general conformity with the Juneau Comprehensive Plan for this particular site and neighboring area.

Juneau Coastal Management Program - The JCMP was reviewed and it was found that no policies apply to this particular 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 proposed use is appropriate according to the Table of Permissible Uses;

2. Whether the application is complete; and,

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 §49.15.300 (e)(1)(A through C), Review of Director's Determinations, the director makes the following findings on the proposed development:

1. Is the proposed use 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 2.120 for the Industrial zoning district.

2. Is the application for the requested conditional 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 conform to the requirements of CBJ code Chapters 49.15 and 49.35.

3. Will the proposed development comply with the other requirements of this chapter?

Yes. Based upon the above analysis and if the recommendations are adhered to the proposed development will comply with the other requirements of this chapter.

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

No. There is no evidence to indicate that the proposed development will materially 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. There is no evidence to indicate that the proposed development will 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. The proposed development is in general conformity with the land use plan, thoroughfare plan, and other officially adopted plans

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

Not Applicable. The JCMP is not applicable to this particular project.

RECOMMENDATION

It is recommended that the Planning Commission adopt the director's analysis and findings and grant the requested conditional use permit. The permit would allow the utilization of a temporary building for a retail use. The approval is subject to the following conditions:

The conditional use permit shall be effective for a period of not more than 3 years (December 31, 2004) after which the building shall be removed and stored in a location allowed for such use by the CBJ Land Use Code.
The structure shall be inspected prior to each seasonal use period by the CBJ Building Department to assure compliance with the adopted provisions of Title 19 of the CBJ Code.
Within 10 days of the effective date of this conditional use permit, the applicant shall obtain a sign permit from the Community Development Department. All signs shall comply with Section 49.45 of the CBJ Land Use Code.