DATE:

DATE: November 6, 2000

TO: Planning Commission

FROM: Gary Gillette, Planner
Community Development Department

FILE NO.: USE2000-00067- Conditional Use

PROPOSAL: A conditional use permit to allow conversion of a portion of an existing warehouse to a retail business in an industrial zoning district.

GENERAL INFORMATION

Applicant: Chris Jensen

Property Owner: William Hartsock

Property Address: 5448 Shaune Drive

Legal Description: Lot 11, SSG

Parcel Code Number: 5-B12-0-102-011-0

Site Size: 18,000 Square Feet

Zoning: Industrial

Utilities: CBJ Water & Sewer

Access: Shaune Drive

Existing Land Use: Warehouse

Surrounding Land Use: North - Shaune Drive/Vacant

South - Jenkins Drive/Vacant

East - Mini-storage

West - Wholesale/Warehouse

PROJECT DESCRIPTION

The applicant requests a Conditional Use permit for the conversion of a portion of an existing warehouse building for retail use. The applicant plans to convert 3,438 square feet of the building for use as retail and associated storage and office space. The balance of the building (2,214 square feet) would remain as warehouse to serve the portion of the business marketed on the Internet.

BACKGROUND

Retail use requires a conditional use permit in an industrial zoning district.

ANALYSIS

Project Site - The applicant proposes to develop parking and landscaping for the site as shown on the site plan submitted with the application (see Attachment A). The building currently exists and no major exterior modifications are planned.

Project Design - The proposed project would remodel a portion of an existing warehouse building to provide space for retail sales of furniture and related items. Associated space for storage and office relating to the retail would also be developed. The balance of the building would remain in warehouse use.

Parking and Circulation - The proposed uses and parking requirements are itemized in the following table:

	Area	Parking per Area	Requirement
Retail (w/ office and storage)	3438 sq. ft.	1 per 200 sq. ft.	17.2
Warehouse	2214 sq. ft.	1 per 1000 sq. ft.	2.2
TOTAL			19.4 = 19

The proposed site plan shows 22 parking spaces. Spaces 11 and 12 might not be easily accessible if a van is parked in the loading zone but the parking still meets the code requirement. The access aisles are adequate for safe and convenient maneuvering.

Vegetative Cover - The existing building received a variance to all vegetative cover in 1991. The applicant is planning to install landscaping consisting of a few trees and grass. This is not a requirement but will enhance the aesthetics of the project.

Exterior Lighting - No new exterior lighting is proposed by the applicant.

Public Health or Safety - All remodeling work would be required to meet the building code. The facility is served by public water and sewer. The access to and from the site has safe site distance and adequate maneuvering space. For these reasons the proposed project is not seen to be detrimental to public health and safety.

Property Value or Neighborhood Harmony - The proposed use is similar in scope and character of other uses in the area. There has been no evidence presented to date that would indicate the retail use would be detrimental to property value of out of harmony with the neighborhood.

Conformity With Adopted Plans - The Juneau Comprehensive Plan indicates the subject parcel for industrial uses. The zoning is industrial. The proposed use is combination of industrial and retail with associated office and storage. These uses are allowed outright or through the conditional use permit process thus are in accordance with adopted plans of the CBJ.

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 enforceable policies apply to the proposed development.

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 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. 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.

2. Is the proposed use appropriate according to the Table of Permissible Uses?

Yes. The proposed use is appropriate according to the Table of Permissible Uses. The use is listed at CBJ '49.25.300 section 2.120 for the Industrial 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 November 3, 2000. 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. All remodeling work would meet provisions of the building code. The facility is served by public water and sewer. The access to and from the site has safe site distance and adequate maneuvering space. For these reasons it is found that the proposed retail use will not 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. The proposed use is similar in scope and character of other uses in the area. There has been no evidence presented to date that would indicate the use would present negative impacts to the area. For these reasons it is found that the proposed retail use 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. The Juneau Comprehensive Plan indicates the subject parcel for industrial uses. The zoning is industrial. The proposed use is combination of industrial and retail with associated office and storage. These uses are allowed outright or through the conditional use permit process thus are in accordance with adopted plans of the CBJ.

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

Not Applicable. Upon review of the JCMP, it is found that no enforceable policies apply to the proposed development.

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 conversion of a portion of an existing warehouse to a retail business in an industrial zoning district.