DATE: April 16, 2001

TO: Planning Commission

FROM: Sylvia A. Kreel, Planner
Community Development Department

FILE NO.: USE2001-00013 - Allowable Use

PROPOSAL: Allowable Use permit for two cellular telephone antennas to be mounted atop an existing building with a mounted height of 49 feet above grade.

GENERAL INFORMATION

Applicant: Alfred Cook/Cook Construction

Property Owner: Steve Allwine

Property Address: 8725 Mallard Street Juneau, AK 99801

Legal Description: Lots 1-6, Block F, Valley Centre

Parcel Code Number: 5-B15-0-105-001-0

Site Size: 48,697 Square Feet

Zoning: GC, General Commercial

Utilities: CBJ Water and Sewer

Access: Mallard Street

Existing Land Use: Automotive sales and services

Surrounding Land Use: North - Mallard Street; Commercial; Nugget Mall
South - Commercial
East - Commercial
West - Alpine Street; Commercial.

PROJECT DESCRIPTION & BACKGROUND

The applicant requests an Allowable Use permit for the installation of two, 2-inch round cellular communication antennas. The proposed antennas would be 19 feet in length, mounted on the roof of an existing 35-foot high building for a total height of 49-feet above grade.

The antennas are associated with an existing cellular telephone company, Cellular One. The antennas are intended to improve cellular service in the airport and Fred Meyer’s area. While the office associated with the cellular telephone company is located in the valley, the antennas need to be located near the desired service area. The proposed location provides the proximity and orientation necessary to provide improved cellular telephone service to the targeted service area.

The GC zoning district has a height restriction of 45-feet. However, antennae and telecommunication towers are exempt from the height limitations per CBJ Section 49.25.420(b) Height of Building, Exceptions. But the CBJ Land Use Code, Title 49, table of Permissible Uses, CBJ 459.25.300.18.200 provides that towers and antennas 35 to 50 feet in height require an Allowable Use permit.

ANALYSIS

Project Site – The proposed antennas would be located on an existing building, which is located within a commercially developed area. All uses around the facility are commercial in nature. The existing building measures 35-feet high.

Project Design – The proposed antennas are round and 2 inches in diameter. They will be mounted to the side of the second story portion of the building and extend above the roofline 19 feet. They will be approximately 35-feet and 55-feet from the nearest property line to the east.

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 sections of the JCMP apply to this proposal.

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. 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.

2. Is the requested permit appropriate according to the Table of Permissible Uses?

Yes. The proposed antennae are appropriate according to the Table of Permissible Uses. CBJ '49.25.300 section 18.200 establishes towers and antennas 35 to 50 feet as an allowable use in the General Commercial 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

April 13, 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. Are conditions necessary for approval of the requested Allowable Use permit?

No. Based on the preceding staff analysis, it is found that conditions are not necessary for approval of the requested permit.

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.

RECOMMENDATION

We recommend that the Planning Commission adopt the director's analysis and findings and grant the requested allowable use permit. The permit would allow the development of 2 antennas with a total mounted height of 49-feet above grade.