DATE: November 5, 2001
TO: Planning Commission
FROM: Greg Chaney, Planner
Community Development Department
FILE NO.: USE2001-00045- Conditional Use
PROPOSAL: A conditional use permit to build a second story addition to a commercial building (Red Dog Saloon) in a mapped moderate hazard zone.
Applicant: Don Harris
Property Owner: Don Harris
Property Address: 278 South Franklin Street, Juneau
Legal Description: Tidelands Addition, Block 82, Fraction of Lot 5
Parcel Code Number:1-C07-0-K82-004-0
Site Size: 6,159 Square Feet
Zoning: MU, Mixed Use
Utilities: Public Water and Sewer
Access: South Franklin Street
Existing Land Use: Red Dog Saloon
Surrounding Land Use: Northeast - MU - Mixed Use, South Franklin
Northwest - MU – Mixed Use
Southeast - MU – Mixed Use, Admiral Way
Southwest - MU – Mixed Use
The applicant requests a conditional use permit to build a second story addition to an existing commercial building (Red Dog Saloon) in a mapped moderate hazard zone.
The proposed project is an allowed use in the Mixed Use zoning district however any construction in a mapped hazard zone requires a Conditional Use Permit per CBJ49.70.300(a)(3). Since the addition is less than 5,000 square feet, the project is classified as "minor development" and therefore only staff review is required to approve the proposed addition. Staff reviewed the applicant’s proposed plans and determined that they comply with Historic District Standards. No additional parking is required for the proposed addition because a portion of the ground floor is being converted from a restaurant use to retail, which has a lower parking requirement. This reduction in required parking for the ground floor balances with the additional parking required on the new floor. Therefore the net parking requirement for the building will not change under the current proposal.
Project Site - The site for this project is located at the corner of South Franklin and Admiral Way in the Red Dog Saloon. An additional story is proposed on top of the existing structure. No change is proposed for the existing footprint.
Project Design - The ground floor currently contains a restaurant, which will be removed and converted to a retail use. An elevator will be added taking up part of the existing gift shop. A new story will be added above the existing building. This area will be used for a two-bedroom apartment and to house an expanding mail order business. No retail, bar or restaurant uses have been proposed for the new floor. The border of the Historic District runs along the South Franklin property line. Staff has reviewed the plans for compliance with Historic District Standards and found the proposal to be in compliance.
Hazard Zone - The existing Red Dog Saloon is located in a mapped moderate hazard zone as established in the CBJ Land Use Code. The applicant’s consultant, Engineering Geologist Douglas Swanston Ph.D. C.E.G. of BRD Consultants, indicated in his report dated October 4, 2001:
The Miner’s Square Building at 278 South Franklin and its proposed alterations is adequately constructed and situated to resist major landslide damage…debris is likely to deposit or to spread out as a shallow, horizontal flow with limited lateral impact to the Miner’s Square Building.
Terry Brenner requested that the above conclusion be quantified. Dr. Swanston replied on October 7, 2001 with another report containing more specific information. The conclusion of this report was substantially the same as the original report. Terry Brenner of the CBJ Engineering Department reviewed this report and concurred with the findings presented.
Based on the above information submitted by the Applicant and the review by the CBJ Engineering Department, it is Staff’s conclusion that no significant safety issues are related to the proposed second story addition to the Red Dog Saloon.
Juneau Coastal Management Program - Section 3 of the JCMP addresses Geophysical Hazards. More specifically related to this case are the following policy sections:
It is the policy of the CBJ to:
(1) Minimize the threat to human safety and development posed by landslides and avalanches, flooding, seismicity, and loss contamination of groundwater.
b. Mitigating measures are required for development in areas of moderate hazard. These may include dissipating structures or dams, appropriate structural engineering, or other techniques that respond to the specific site hazards.
The applicant has complied with the above listed aspects of the JCMP by hiring a recognized geological engineer to evaluate the site and existing structure and to assess the risk associated with adding a second story to the building. According to this professional assessment, the building with the proposed second story addition will be able to withstand anticipated slide events on the site.
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 '49.15.300 (e)(1)(A thru 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. We find 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, Sections 1.300 and 2.120 for the Mixed Use zoning district. It is the Community Development Department’s policy to consider all dwellings in mixed-use buildings as apartments and to permit them as "multifamily dwellings" listed under 1.300. Multifamily units are allowed in the Mixed Use zoning district at densities of up to 60 dwellings per acre with a building permit. The balance of the new space to be built upstairs will be for a mail-order business, which is listed under 2.120 "Miscellaneous Sales and Rental of Good, Merchandise or Equipment." When the proposal is for a building of less than 5,000 square feet, this use is allowed with a building permit.
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. An advertising notice was provided in the Juneau Empire under Your Municipality, which ran on November 2, 2001. A public notice sign was posted on site at least 14 days prior to the meeting and notice was mailed to owners of record for all property within 500 feet of the subject property on October 30, 2001.
4. Will the proposed development materially endanger the public health or safety?
No. The applicant has submitted documentation that this proposal will not pose any danger to public health or safety from mass wasting events. No other evidence has been located to indicate that the proposed project will materially endanger 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 that the proposed project will substantially decrease the value of or be out of harmony with property in the neighboring area.
6. Will the proposed development not be in general conformity with the land use plan, thoroughfare plan, or other officially adopted plans?
Yes. Specifically the project will comply with the Table of Permissible Uses in the Land Use Code CBJ§49.25.300 1.300 and 2.120 as well as CBJ§49.70.300(a)(3).7. Will the proposed development comply with the Juneau Coastal Management Program?
Yes. As mentioned above, Section 3 of the JCMP addresses Geophysical Hazards including sections of the Administrative and Enforceable Policies. The applicant has complied with the above listed aspects of the JCMP by hiring a qualified professional to evaluate the site and to assess the risk associated with adding a second story to the existing building. Based on this professional’s report, no adverse impact is anticipated
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 development of a second story addition to an existing commercial building. The addition would consist of a two bedroom apartment and a mail-order facility above the existing Red Dog Saloon.