Staff Report for USE2015 0011

Community Development DATE: TO: FROM: FILE NO.: PROPOSAL: City & Borough of Juneau • Community Development 155 S. Seward Street • Juneau, AK 99801 (907) 586‐0715 Phone • (907) 586‐4529 Fax February 9, 2016 Planning Commission Jill Maclean, Senior Planner Community Development Department USE2015 0011 Construction of a chapel, cabins, and bathhouse at Echo Ranch Bible Camp. MINOR REVISION: Please note that the advisory condition has been revised—the “must’s” have been changed to “should’s” based upon advice from the CBJ Law Department. The words “within two business days” have also been removed from the condition. The advisory condition now reads: “If any historic, prehistoric, or archeological sites, locations, or objects are discovered during development activity, all work in the area should cease, and the applicant/permittee/whomever should immediately notify the State Historic Preservation Officer at the Department of Natural Resources. If any human remains are discovered, all work should cease until work is authorized by the agency with jurisdiction. Destruction or removal of human remains may be a crime (see Attachment E – Human Remains Discovery Guide). This does not change the content or findings. Community Development DATE: TO: FROM: FILE NO.: PROPOSAL: City & Borough of Juneau • Community Development 155 S. Seward Street • Juneau, AK 99801 (907) 586‐0715 Phone • (907) 586‐4529 Fax February 9, 2016 Planning Commission Jill Maclean, Planner Community Development Department USE2015 0011 Construction of a chapel, cabins, and bathhouse at Echo Ranch Bible Camp GENERAL INFORMATION Applicant: Property Owner: Property Address: Legal Description: Parcel Code Number: Site Size: Comprehensive Plan Future Land Use Designation: Zoning: Utilities: Access: Existing Land Use: Surrounding Land Use: North South Echo Ranch Bible Camp Echo Ranch Bible Camp 40001 Glacier Hwy USS 2925 Lot 1 3‐B45‐0‐100‐004‐1 155.84 acres Resource Development Rural Reserve On‐site Water and Sewer Remote Access/Echo Cove Bible Camp ‐ Berners Bay ‐ Point Bridgette State Park East West ‐ Echo Cove ‐ Point Bridgette State Park Vicinity Map ATTACHMENTS Attachment A: Development Permit Application & Conditional Use Permit Application Attachment B: Photo of Proposed Chapel Site Attachment C: Revised Project Narrative Attachment D: Public Comment Douglas Indian Association Comments Attachment E: Human Remains Discovery Guide PROJECT DESCRIPTION & BACKGROUND The applicant requests a Conditional Use permit for construction of a new single‐story chapel to replace the existing chapel that is over 50 years old at Echo Ranch Bible Camp, located at Point Bridgette, north of Juneau. The new chapel accommodates 120 people as does the existing chapel. It will be utilized by those attending camp, and the number of participants is not expected to increase due to this development. The applicant is also seeking approval for the construction of a single‐story bathhouse, and two, 2‐bedroom single‐story cabins, which will be built after the completion of the chapel. The two cabins accommodate staff family housing, with laundry and bath facilities included. The bathhouse accommodates up to 20 staff members, with five private individual restrooms with exterior entrances. Neither the cabins, nor the bathhouse, increase the number of participants at the camp, rather they are improving the lodging of the facility. Planning Commission File No.: USE2015 0011 February 9, 2016 Page 3 of 7 Originally homesteaded by the McMurchie family in the 1940s, Echo Ranch became a children’s camp, and later a Bible camp in the 1970s. A series of Conditional Use and building permits have been issued by the CBJ over the past 20+ years for additions to the camp, including a lodge, to include a dining hall, office, and medical clinic; guest cabins, and indoor recreational buildings. Resorts and campgrounds are allowed, with Planning Commission approval, in the Rural Reserve zone with a Conditional Use permit. ANALYSIS Project Site ‐ Encompassing approximately 156 acres, Echo Ranch Bible Camp sits at the mouth of Echo Cove, on the south end of Berners Bay. Zoned Rural Reserve, the parcel is remote and not accessible by road. The camp consists of a collection of cabins for guests and staff, along with several ancillary buildings. The approximate location of the new chapel is illustrated in Attachment A. Project Design ‐ As shown in Attachment A, the proposed chapel at Echo Ranch is a single‐story, wood frame structure with a metal roof. The chapel will accommodate 120 people. The two cabins are single‐story, as is the proposed bathhouse. The proposed projects do not increase the number of staff or participants at the camp. The intent of the cabins is to provide a more private living arrangement for the staff members with families. Traffic – The camp is located on a remote parcel on Point Bridget near Echo Cove. Access to the site is via sea or air, or at low tide by hiking in along the western shore of Echo Cove. As guests are not allowed to have vehicles at the camp; and as the chapel is replacing the existing chapel, and the proposed cabins are for existing staff, the applicant does not anticipate an increase in traffic as a result of this proposal. The number of campers and staffers is expected to remain the same. Parking and Circulation ‐ As Echo Ranch is located on a remote parcel and guests hike to the camp, the parking requirement does not apply. Vehicular access is prohibited except for the camp caretaker. The parking needs and accommodations will remain unchanged as the bussing of campers from the in‐town offices located adjacent to the Auke Bay Bible Church will continue. Other guests typically utilize this same area and hike to the camp. If, in the future, Echo Ranch expands to accommodate more users, a separate parking area may need to be developed or vehicular access provided directly to the camp. Noise ‐ There is no evidence to suggest that an increase in noise or other related nuisances will result from this proposal. Public Health or Safety ‐ Staff is unaware of any evidence to suggest that the proposed development would negatively impact public health or safety. Planning Commission File No.: USE2015 0011 February 9, 2016 Page 4 of 7 Habitat ‐ No habitat regulated by Title 49 will be affected by the applicant’s project. No known eagle’s nests are mapped within the Title 49 setback requirement of 330 ft. Property Value or Neighborhood Harmony ‐ The camp is located on a remote parcel surrounded by Alaska State Park land. There is no evidence to suggest that the proposed development would significantly affect property values or be out of harmony with the existing uses of the surrounding area. Conformity with Adopted Plans ‐ 2013 Comprehensive Plan Staff finds that the project is compliant with the Comp Plan, which identifies this parcel as Resource Development (RD), and a New Growth Area. Furthermore, this site is zoned Rural Reserve, where resorts and campgrounds are permitted, with a Conditional Use permit, under CBJ 49.25.300, the Table of Permissible Uses. Juneau Coastal Management Program This proposal will not impact habitat regulated by the Alaska Coastal Management Program. PUBLIC COMMENT Public comment was received on January 19, 2016 from the Douglas Indian Association (DIA). The DIA has expressed concerns of the potential disturbance to cultural and/or historical sites and artifacts (see Attachment D). Upon receiving the comments from the DIA, staff spoke to the DIA and discussed their concerns. Staff followed up with the Echo Ranch Bible Camp representative, informed them of the concerns raised by the DIA, and encouraged them to contact the DIA to discuss their project, which they did. The Commission should note that the map provided by the DIA titled “Juneau‐Douglas Territory” (see Attachment D), labels Echo Cove and its associated features in the area that is today known as Eagle Beach; not in the area known today as Berners Bay/Echo Cove, where the Echo Ranch Bible Camp is located. Staff contacted the DIA regarding this discrepancy and was informed that the entire area is significant to the DIA and Native Tribes. Further, staff received guidance from the State Historic Preservation Officer, and recommends an advisory condition—should this permit be approved—that addresses the process to be undertaken if historical and/or cultural resources are discovered during development activity. No other public comment was received as of the date of this staff report. Planning Commission File No.: USE2015 0011 February 9, 2016 Page 5 of 7 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. 2. 3. Whether the application is complete; Whether the proposed use is appropriate according to the Table of Permissible Uses; and, 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) & (f), Review of Director's & Commission’s Determinations, the Director makes the following findings on the proposed development: 1. Is the application for the requested conditional use permit complete? Yes. Staff finds the application contains the information necessary to conduct full review of the proposed operations. The application submittal by the applicant, including the appropriate fees, substantially conforms to the requirements of CBJ Chapter 49.15. 2. 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 21.100 for the Rural Reserve 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. Public Planning Commission File No.: USE2015 0011 February 9, 2016 Page 6 of 7 notice of this project was provided in the January 29, 2016 and February 8, 2016 issues of the Juneau Empire's "Your Municipality" section, and a Notice of Public Hearing was mailed to all property owners within 500 feet of the subject parcel. Moreover, a Public Notice Sign was posted on the subject parcel, visible from the public Right of Way. 4. Will the proposed development materially endanger the public health or safety? No. Based on the analysis above, no evidence is found 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. No evidence has been presented indicating that the proposed development will 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. Based on the analysis above, it is found that the proposed development is in general conformity with the Comprehensive Plan, and other officially adopted plans of the City & Borough of Juneau. Per CBJ 49.70.900 (b)(3), General Provisions, the Director makes the following Juneau Coastal Management Program consistency determination: 7. Will the proposed development comply with the Juneau Coastal Management Program? N/A. This proposal will not impact habitat regulated by the Alaska Coastal Management
Program.
RECOMMENDATION It is recommended that the Planning Commission adopt the Director's analysis and findings and approve the requested Conditional Use permit. The permit would allow the development of a new chapel, two 2‐bedroom cabins, and a bathhouse with 5 individual restrooms. Advisory Condition Staff recommends that if approved, the Conditional Use Permit include the following advisory condition: Planning Commission File No.: USE2015 0011 February 9, 2016 Page 7 of 7 1. If any historic, prehistoric, or archeological sites, locations, or objects are discovered during development activity, all work in the area should cease, and the applicant/permittee/whomever should immediately notify the State Historic Preservation Officer at the Department of Natural Resources. If any human remains are discovered, all work should cease until work is authorized by the agency with jurisdiction. Destruction or removal of human remains may be a crime (see Attachment E – Human Remains Discovery Guide). Attachment A
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Echo Ranch Bible Camp
P.O. Box 210608
Auke Bay, AK 99821
789-3777)907(
Chapel Project Narrative
We are planning to build a new chapel building that will be used daily in the summer, and will be used
to accommodate up to 120 people. This building will be replacing our current chapel building that has
been on-site for 50+ years. The new building will be accommodating the same amount of people as the
.previous chapel building
The Chapel will not be used for persons other than those staying at camp, and the amount of people
coming to camp each year will not change because of this building. Traffic at the Echo Cove Boat
.Launch will not increase because of this building
The site is naturally landscaped and the location was chosen to utilize with both the immediate
surroundings and to allow a view of the surrounding water and distant landscape. The location is
.relatively isolated and any noise issues are unlikely
It is single story, post and beam styling, built on helical piers, with no running water in the building.
There is an outhouse within 50ft of the building, and the community bathhouses are both within
.200yards
.Electricity is generated on-site by a pair of gen-sets that is camp maintained
Electrical and audio visual wiring will be run in the building for interior use. There will be an entrance
porch light on the south corner at the main entry facing the woods toward the camper cabins. There is
.no other planned lighting on the exterior since this building is used during summer lighted conditions
.For heating, we are planning a pair of Toyo oil stoves for use when heat is necessary
.The wood used in the building will be rough cut lumber from our two sawmills on-site and air dried
.The roofing material will be sheet metal
.The site is facing Berners Bay toward the NorthWest. The soil type is sand
The flood zone requirements are met due to the location being above the FEMA flood zone of 27ft
.BFE
The parking lot needs and accommodations will remain unchanged due to the busing of campers from
.the intown Offices located next to the Auke Bay Bible Church
Attachment C
Additional Future Accommodations
We are currently in process of getting prints made for a pair of two bedroom cottages with a loft for
staff family housing. They will have electricity and full bathrooms with laundry facilities, and a wood
.stove for heating
Height will be below the 45ft limit from building grade. This will not increase our staff numbers, only
move the families into a more private, healthy living space, from the current community living
.buildings
We are currently in process of making plans for a bathhouse to accommodate temporary staff. This will
be used for people that come for 1-2 weeks at a time as volunteers to the ministry. We currently have
three cabins that they use for sleeping quarters, but are in need of a dedicated bathhouse for them.
There will be 5 private individual restrooms with exterior entrances, and one laundry room. Each
.restroom will have shower, stool, and sink, designed for use for one person at a time for each restroom
The capacity for this bathhouse will be for use of up to 20 people. It will be single story and below the
height of 45ft limit from building grade. It will be located within 100ft of the temporary staff housing
.that it will be servicing
All of these buildings will not increase Echo Cove boat launch traffic, or the amount of campers
.coming to camp each year
The landscaping for these buildings will be naturally landscaped and location chosen to utilize the
utilities immediately available and to allow privacy for the persons using the buildings while being
.relatively close to other staff, and social gathering places
External lighting will be a porch light on each building, facing the approaching access paths for use in
.the evenings during spring and fall
.Location is relatively isolated and any noise issues are unlikely
These buildings will be supplied with water from a shallow well system that currently provides water
for the other staff housing in camp. These buildings will be supplied with electricity from a local
.generator that we maintain, and it supplies the electricity to all other buildings in camp as well
The flood zone requirements are met due to the location being above the FEMA flood zone of 27ft
. .BFE
Attachment C
Attachment D
Attachment D
GUIDELINES
Laws and Protocols Pertaining to the
Discovery of Human Remains in Alaska
The treatment of human remains following inadvertent discovery is governed by state and federal laws, land
status, postmortem interval (time since death), and biological/cultural affiliation. First and foremost, the site of
discovered remains should be regarded a potential “crime scene” until a person with appropriate expertise and
authority determines otherwise.
State Laws:
Several State laws are applicable to the discovery of human remains in Alaska. The State Medical
Examiner (SME) has jurisdiction over all human remains in the state (with rare exceptions, such as military
aircraft deaths), regardless of age.
AS 12.65.5 requires immediate notification of a peace officer of the state (police, Village Public Safety
Officer, or Alaska State Trooper [AST]) and the State Medical Examiner when death has “been caused by
unknown or criminal means, during the commission of a crime, or by suicide, accident, or poisoning.”
In this regard, contact the Alaska State Trooper/Missing Persons Bureau first. (See list of contacts on
following page.) The AST has interpreted notification procedures as applicable to all remains, including ancient
remains.
AS 11.46.482(a)(3), which applies to all lands in Alaska, makes the “intentional and unauthorized
destruction or removal of any human remains or the intentional disturbance of a grave” a class C felony.
AS 41.35.200, which applies only to State lands, makes the disturbance of "historic, prehistoric and
archeological resources" (including graves, per definition) a class A misdemeanor.
AS 18.50.250, which applies to all lands in Alaska, requires permits for the disinterment, transport, and
reinterment of human remains. Guidance and permits are available from the Bureau of Vital Statistics (see
attached list of contacts).
Federal Laws:
On Federal lands and Federal trust lands, the unauthorized destruction or removal of archaeological human
remains (i.e., more than 100 years old) is a violation of 16 USC 470ee (Archeological Resources Protection
Act). If human remains on federal or federal trust lands are determined to be Native American, their treatment
and disposition are also governed by the Native American Graves and Repatriation Act (NAGPRA) of 1990 (PL
101-601; 25 USC 3001-30013; 104 Stat. 3048-3058; 43 CFR 10). NAGPRA also applies to Native American
human remains from any lands if the remains are curated in any institution that receives federal funds.
General Guidance:
Your first contacts should be the AST/Missing Persons Bureau, the Alaska State Medical Examiner’s
Office, local law enforcement, the Alaska Office of History and Archaeology, and the landowner.
In many instances, the field archaeologist must make a judgement call regarding the age of the remains,
his/her level of confidence in the evaluation, and whether further investigation by a specialist is warranted.
While notification under State Law is required, peace officers and the SME generally regard archaeologists
competent to make these type determinations and welcome input that may assist with the investigation. With
regard to ancient remains (> 100 years old), the SME and AST will generally defer to the opinion of the field
archaeologist and require no further criminal investigation. However, the remains and a surrounding buffer area
should not be disturbed until appropriate reporting and consultation have occurred.
Dr. Richard VanderHoek, State Archaeologist
Alaska Office of History and Archaeology
550 W. 7th Avenue, Suite 1310
Anchorage, AK 99501
(907) 269-8728 or [email protected]
Form Date: 1/12/16
Attachment E
CONTACT INFORMATION FOR STATE OFFICIALS INVOLVED WITH HUMAN
REMAINS ISSUES IN ALASKA
*Denotes suggested contact person in list below.
1.) Alaska State Troopers, Missing Persons Bureau:
Phone: (907) 269-5477
Fax:
(907) 338-7243
Sgt. Kid Chan
Phone: (907) 269-5058
e-mail: [email protected]
*Stephanie Johnson
Phone: (907) 269-5497
e-mail: [email protected]
*After contact by phone, send e-mail with relevant information and photos to Sgt. Chan and Stephanie Johnson.
2.) Alaska State Medical Examiner’s Office:
* Reporting Hotline (Death Hotline) to speak with on-duty investigator.
Phone: (907) 334-2356
1-888-332-3273 (Outside Anchorage)
Stephen Hoage, Operations Administrator
Phone: (907) 334-2202
Fax:
(907) 334-2216
e-mail: [email protected]
Dr. Gary Zientek, Chief Medical Examiner
Phone: (907) 334-2200
Fax:
(907) 334-2216
e-mail: [email protected]
3.) Alaska Office of History and Archaeology (State Historic Preservation Office):
Judith E. Bittner, Chief / State Historic Preservation Officer (SHPO)
Phone: (907) 269-8721
Fax:
(907) 269-8908
E-mail: [email protected]
*Dr. Richard VanderHoek, State Archaeologist / Deputy SHPO
Phone: (907) 269-8728
Fax:
(907) 269-8908
E-mail: [email protected]
Alaska Bureau of Vital Statistics
Heidi Lengdorfer, Chief
Phone: (907) 465-8643
e-mail: [email protected]
For questions regarding burial transit permits:
Margo Meyer
Phone: (907) 465-8610
e-mail: [email protected]
Attachment E
Form Date: 1/12/16