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ATS 49 TRACT N-26 AND TRACT N-29C - Variance:r• KODIAK ISLAND BOROUGH Assembly Regular Meeting January 3, 2013 A regular meeting of the Kodiak Island Borough Assembly was held on Thursday, January 3, 2013, in the Assembly Chambers of the Kodiak Island Borough Building, 710 Mill Bay Road. The meeting was called to order at 7:30 p.m. The invocation was given by Major John Quinn of the Salvation Army. Mayor Selby led the Pledge of Allegiance. Present were Mayor Selby, Assembly members Carol Austerman, Aaron Griffin, Dave Kaplan, Chris Lynch, Mel Stephens, and Louise Stutes. Staff members present were Administrative Official Bud Cassidy, Finance Director Karl Short, Resource Management Officer Bob Scholze, Clerk Nova Javier, and Assistant Clerk Jessica Kilborn, PKA LAN moved to excuse Assembly member Bonney who was absent due to personal leave. APPROVAL OF AGENDA AND CONSENT AGENDA GRIFFIN moved to approve the agenda and consent agenda. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY, APPROVAL OF MINUTES Regular Meeting Minutes of December 6 and the Special Meeting Minutes of December 13, 2012, were approved under the consent agenda. AWARDS AND PRESENTATIONS Mayor Selby proclaimed the month of January 2013 as National Stalking Awareness Month Proclamation and applauded the efforts of the many victim service providers, police officers, prosecutors, national and community organizations, and private sector supporters for their efforts in promoting awareness about stalking. CITIZENS' COMMENTS Lam,/ Van Daeie spoke in support of Resolution No. FY2013-20. Judy Kidder spoke on issues that had occurred due to the lack of animal control in the Borough. Susan Saupe, Cook Inlet Regional Citizens Advisory Council, spoke regarding the Kulluk Drill Rig matter in Kodiak and updated the Assembly on CIRCAC's efforts towards emergency preparedness. COMMITTEE REPORTS Peter Slaiby, Vice President of Shell in Alaska, spoke on behalf of Shell, Captain Jerald Woloszvnski, United States Coast Guard Base Commander, and Captain Melissa Rivera, Commanding Officer of Air Station Kodiak provided the Assembly with an update on and assessment of the Kulluk Drill Rig Incident. Kodiak Island Borough Assembly Minutes January 3, 2013 Page 1137 Assembly member Austerman gave an update on the Providence Community Advisory Board meeting regarding the Certificate of Need'for the Long -Term Care Facility. , PUBLIC HEARING None. BOROUGH MANAGER'S REPORT (Administrative Official Cassidy) Administrative Official Cassidy reported on the following: • Kulluk Drill Rig grounding incident — staff was working in conjunction with the Local Incident Command System. • Long -Term Care Facility Certificate of Need was complete and staff was working on a schedule of action. MESSAGES FROM THE BOROUGH MAYOR Mayor Selby wished everyone a Happy New Year in Kodiak. UNFINISHED BUSINESS None. NEW BUSINESS Contracts None. Resolutions 1. Resolution No. FY2013 -18 Certifying the FY2013 Shared Fisheries Business Tax Program Application To Be True and Correct. GRIFFIN moved to adopt Resolution No. FY2013 -18. AS 29.60.450 required that for a municipality to participate in the FY2013 Shared Fisheries Business Tax Program, the municipality must demonstrate to the Department of Community and Economic Development (DCED) that the municipality suffered significant effects during calendar year 2011 from fisheries business activities. The DCED had prepared specific application forms for the purpose of presenting the municipality's claims as to the significant effects suffered by the municipality during calendar year 2011. 3AAC 134,100 required the governing body of the municipality to include with the municipality's FY2013 program application an approved resolution certifying the information contained in the application to be true and correct. The resolution certified the information contained in the Kodiak Island Borough FY2013 Shared Business Tax Program application to be true and correct. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Austerman, Griffin, Kaplan, Lynch, Stephens, and Stutes. Kodiak Island Borough Assembly Minutes January 3, 2013 Page 1138 • 2. Resolution No. FY2013 -19 Adopting a 2013 Kodiak Island Borough Communities State Legislative Capital Improvement Projects Priority List. AUSTERMAN moved to adopt Resolution No. FY2013 -19. As a regional government, the Kodiak Island Borough represented the communities of the Kodiak Island Archipelago. These communities included the City of Kodiak, City of Akhiok, City of Larsen - Bay, City of Old Harbor, City of Ouzinkie, City of Port Lions and the community of Karluk. In these communities there were improvements and infrastructure that included docks, airports, community utilities, and facilities. Project needs were identified and prioritized by each community and forwarded to the Kodiak Island Borough by resolution for inclusion into a 2013 State Legislative Capital Improvement Projects Priority List to be sent to the governor and state legislative delegation. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Griffin, Kaplan, Lynch, Stephens, Stutes, and Austerman: 3. Resolution No. FY2013 -20 Accepting the Recommendation of the Planning and Zoning Commission by Approving the Disposal of a Portion of Lot 1A, Block 6, Miller Point Alaska Subdivision and a Portion of Lot 2A, Block 9, Miller Point Alaska Subdivision First Addition, Comprising Approximately 19,500 Square Feet, as Land That is Surplus to the Public's Need and Subject to Disposal by Direct Negotiation for Fair Market Value. AUSTERMAN moved to adopt Resolution No. FY2013 -20. The Land Disposal Request was for portions of Borough land located in Miller Point Alaska Subdivision and Miller Point Alaska Subdivision First Addition, generally located between Antone Way and North Star Elementary School. The applicant was requesting approximately 19,500 square feet of undeveloped land adjoining the applicant's property that would come from Lot 1A, Block 6, Miller Point Alaska Subdivision First Addition and Lot 2A, Block 9, Miller Point Alaska Subdivision First Addition. The applicant specifically requested the land for the purpose of making a subdivision to allow another house to be built on the additional lot. The Planning and Zoning Commission found the land to be surplus to the public's need, but it recommended the disposal with a caveat that would require the applicant to consolidate the disposal area with their adjacent land and the resulting plat would be required to contain a plat note prohibiting further subdivision. STUTES moved to amend Resolution No. FY2013 -20, Line 56 by striking out the words "and there will be a plat note that the new lot shall not be divided." ROLL CALL VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY: Kaplan, Lynch, Stephens, Stutes, Austerman, and Griffin. ROLL CALL VOTE ON MAIN MOTION AS AMENDED CARRIED FOUR TO TWO: Stutes, Austerman, Griffin, and Kaplan (Ayes); Lynch and Stephens (Noes). Kodiak Island Borough Assembly Minutes January 3, 2013 Page 1139 Ordinances for introduction 1. Ordinance No. FY2013-11 Amending Title 3 Revenue and Finance Chapter 3.30 Contract, Purchase, Sale and Transfer Procedures to Make Information About Borough Contracts Mare Readily Available to the Public and Other Related Matters. AUSTERMAN moved to adopt Ordinance No. FY2013-11 in first reading to advance to public hearing at the next regular meeting of the Assembly.. The ordinance was requested by Assembly member Tuck Bonney and Assembly member Carol Austerman. The purpose of this ordinance was to amend the code to have the Borough Manager report to the Assembly regarding certain contracts entered into under the Manager's administrative authority, such as unique and professionals contracts, change orders, etc. The Assembly's intent in reporting was not to delay or affect the validity of the contract. The ordinance allowed for notices to potential bidders and proposers to be made available by electronic means, as well as by newspaper publication. The privileges and immunities clause of the United States Constitution significantly limited the right of the Borough to grant a contracting preference to local residents or companies and this clarified that provision. ROLL CALL VOTE ON MOTION CARRIED FOUR TO TWO: Austerman, Griffin, Kaplan, and Lynch (Ayes); Stephens and Stutes (Noes). Other Items 1. Confirmation of Mayoral Appointments to Various Boards, Commissions, and Committees. GRIFFIN moved to confirm the Mayoral appointments to the various boards, committees, and commission for three year terms as follows: MAYORAL APPOINTMENTS Architectural/Engineering Review Board: Cliff Ford for a term expiring 2015. Parks and Recreation Committee: Jeff Huntley, Helm Stewart Johnson, and Patrick Saltonstall for terms expiring 2015. Planning and Zoning Commission: Rick Vahl (Borough seat) and Kathy Drabek (City seat) for terms expiring 2015. Solid Wasted Advisory Board: Nick Szabo and Scott A dt (Construction/Business Representative seat) for terms expiring 2015. Original advertising reflected a deadline for applications by Friday, November 16, 2012. Having not received applications for all the open seats, the deadline was extended to Friday, December 7 for the unfilled seats. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Stutes, Austerman, Griffin, Kaplan, Lynch, and Stephens. 2. Assembly Appointments to the Citizens Board of Equalization, Monashka Bay Road Service Area Board, and Mission Lake "Tide Gate" Service Area Board. LYNCH moved to confirm the Assembly appointments to the various boards as follows: Kodiak Island Borough Assembly Minutes January 3, 2013 Page 1140 ASSEMBLY APPOINTMENTS Citizens Board of Equalization: Mark Anderson for a term expiring 2015. Mission Lake "Tide Gate" Service Area Board: Al Burch for a term expiring 2015. Monashka Bay Road Service Area Board: Steve Steffensen for a term expiring October 2015. Original advertising reflected a deadline for applications by Friday, November 16, 2012. Having not received applications for all the open seats, the deadline was extended to Friday, December 7 for the unfilled seats. There were currently two vacancies on the Monashka Bay Road Service Area Board. The application received from Mr. Steve Steffensen was provided to the board for review and consensus of the board was to recommend that the Assembly appoint Mr. Steffensen to one of the vacant seats for a term to expire October 2015. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Austerman, Griffin, Kaplan, Lynch, Stephens, and Stutes. Mayor Selby recessed the regular meeting at 8:25 p.m. and convened the Board of Adjustment. BOARD OF ADJUSTMENT A. Findings of Fact for the Board of Adjustment's Decision Reversing in Part the Planning and Zoning Commission's Decision on Case 13 -006 Denying the Request of a Variance by Providing for 20 Parking Spaces Designated for Five Retail Parking Spots, Five Container Parking Spots, and Ten Tandem Parking Spots on the Pacific Seafood's Lot. Assembly member Lynch noted she had a conflict of interest. Chair Selby ruled that there was a conflict of interest and excused Assembly member Lynch. GRIFFIN moved to amend the motion adopted at the December 6, 2012 regular meeting to Reverse in Part the Planning and Zoning Commission's Decision on Case 13 -006 DENYING the Request of a Variance, according to KIBC 17.195, reducing the required off- street parking from 22 spaces according to KIBC 17.175.040 (Appellant: John Whiddon) to 20 spaces with the designation of five retail spaces, five container spaces, and ten tandem parking spaces by striking "Reverse in Part" and inserting "Reverse in Whole ". The Board of Adjustment heard its hearing on this case on December 6, 2012 and postponed the adoption of Findings of Fact to January 3, 2012. The Assembly met in a work session on December 27, 2012 to finalize its findings of fact. Per KIBC 17.225.080C. The board of adjustment's decision affirming or reversing the decision of the commission shall be mailed to the parties to the appeal within 10 working days after the appeal decision and approval of findings of fact. Per KIBC 17.225.100. Any person aggrieved by a final decision of the board of adjustment under this chapter may appeal that decision to the superior court within 30 days of the decision. An appeal to superior court shall be heard solely on the record before the board of adjustment or its hearing examiner and the commission. The appeal procedure shall be governed by the rules set forth in Kodiak Island Borough Assembly Minutes January 3, 2013 Page 1141 Part Six of the Rules of Appellate Procedure of the state of Alaska. The findings of the board of adjustment shall not be reversed if, in light of the whole record, they are supported by substantial evidence. ROLL CALL VOTE ON MOTION TO AMEND THE MOTION PREVIOUSLY ADOPTED AT THE REGULAR MEETING OF DECEMBER 6, 2012 CARRIED FOUR TO ONE: Griffin, Kaplan, Stutes, and Austerman (Ayes); Stephens (No). AUSTERMAN moved to adopt the findings of fact as presented. ROLL CALL VOTE ON MOTION TO ADOPT THE FINDINGS OF FACT AS PRESENTED FAILED THREE TO TWO: Kaplan, Austerman, and Griffin (Ayes); Stephens and Stutes (Noes). Mayor Selby reconvened the regular meeting at 8:29 p.m. CITIZENS' COMMENTS Chris Wino spoke on the Appeal to the Board of Adjustment (Planning and Zoning Commission Case 13-006 Request of a Variance. Appellant: John Whiddon). ASSEMBLY MEMBER COMMENTS Assembly members Austerman, Griffin, Kaplan, Lynch thanked Shell 011 and the United States Coast Guard representatives for the update on the Kulluk Drilling Rig grounding incident and expressed appreciation to the responders for their efforts. Assembly member Stephens voiced concerns regarding the Kulluk Drilling Rig update provided by Shell Oil Vice President Slaiby. He spoke at length on his reasons for voting against Ordinance No. FY2013-11. Assembly members Lynch and Kaplan called Point of Order regarding statements made by Assembly member Stephens. Mayor Selby ruled in favor of the Point of Order. STEPHENS moved to appeal the Point of Order ROLL CALL VOTE ON THE APPEAL OF THE POINT OF ORDER FAILED FOUR TO TWO: Lynch, Austerman, Griffin, and Kaplan (Noes); Stephens and Stutes (Ayes). Assembly member Stutes spoke on her reasons for voting in support of the appeal of the Point of Order. Assembly members Austerman and Griffin spoke on the matter of transparency and bringing forth discussions during the proper venue. Assembly member Lynch announced the Kodiak Fisheries Workgroup special work session on Monday, January 7 at 9 a.m. to review a draft letter regarding the Trawl By-Catch Management which was to be presented at the Joint Work Session of January 8, for review by the Assembly and City Council. . Kodiak Island Borough Assembly Minutes January 3, 2013 Page 1142 Announcements The Assembly and City Council would hold a Joint Work Session on Tuesday, January 8 at 6:30 p.m. in the Borough Assembly Chambers. The Borough Assembly would meet Tuesday, January 15, at 6:30 p.m. in the Borough Conference Room to discuss the Kodiak Island Borough Strategic Plan. The next Assembly work session was scheduled on Thursday, January 10 at 7:30 p.m. in the Borough Conference Room. The next regular meeting was scheduled on Thursday, January 17 at 7:30 p.m. in the Borough Assembly Chambers. ADJOURNMENT GRIFFIN moved to adjourn the meeting. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Stephens, Stutes, Austerman, Griffin, Kaplan, and Lynch. The meeting was adjourned at 8:50 p.m, ATTEST: Nova M. Javier, MMC, Bo ugh Clerk KODIAK ISLAND BOROUGH Jero e M. Selby, Mayor Approved on: February 7, 2013 Kodiak Island Borough Assembly Minutes January 3, 2013 Page 1143 Kodiak Island Borough Assembly Regular Meeting Agenda Thursday, January 3, 2013, 7:30 p.m., Assembly Chambers 1. INVOCATION 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. APPROVAL OF AGENDA AND CONSENT AGENDA All items listed with an asterisk () are considered to =be routine and non - controversial by the Assembly and will be approved by ode motion. There will be no separate discussion of these items unless an Assemb membe�r, so requests, in which case the item will be removed from the Consent Ag>s"nd'a and considered in its normal sequence on the agenda. 5. APPROVAL OF MINUTES A. *Regular Meeting of December 6 an 6. AWARDS AND PRESENTA A. National Stalking Awarene the,,SpeciMeeting of December 13, 2012. 7. CITIZENS' CO f 1MENTS (Limited A. Agenda I ris Not`Scheuled 8. COMMITTEE R PORTS 9. PUBLIC—HEARING ARING ERAS REPORT th`Rroclamation'. Three Minutes.per , eaker) four "PubljiHealing and General Comments 10. BQ'ROUGH MANA( 11. MESSAGES FROM T 12. UNFINISHED'B JSINE "\/ 13. NEW BUSINESS \ f A. Contracts — None. E BOROUGH MAYOR S ' None. B. Resolutions 1. Resolution No. FY2013 -18 Certifying the FY2013 Shared Fisheries Business Tax Program Application To Be True and Correct. 2. Resolution No. FY2013 -19 Adopting a 2013 Kodiak Island Borough Communities State Legislative Capital Improvement Projects Priority List. Meeting broadcast live over radio station KMXT 100.1 FM. Citizens' Comments and Public Hearing Number: Local 486 -3231. Page 1 of 2 3. Resolution No. FY2013-20 Accepting the Recommendation of the Planning and Zoning Commission by Approving the Disposal of a Portion of Lot la, Block 6, Miller Point Alaska Subdivision and a Portion of Lot 2a, Block 9, Miller Point Alaska Subdivision First Addition, Comprising Approximately 19,500 Square Feet, as Land That is Surplus to the Public's Need and Subject to Disposal by Direct Negotiation for Fair Market Value. C. Ordinances for Introduction 1. Ordinance No. FY2013-11 Amending Title 3 Revenue and Finance Chapter 3.30 Contract, Purchase, Sale and Transfer Procedures to Make Information About Borough Contracts More Readily Available to the Public and Other Related Matters. D. Other Items • 1. Confirmation of Mayoral Appointment to Varous Boards, Commissions, and Committees. 2. Assembly Appointments to th Citizens Board of Eiaijation, Monashka Bay Road Service Area Board, an Mission Lake "Tide Gate SNervice Area Board. 14. BOARD OF ADJUSTMENT A. Findings of Fact for tlie Board of Adjutrnent's Decision Reversing in Part the Planning and Zoning Co missi9p s,Decision ,r\):Csase 13-006 Denying the Request of a Variance by Providing\QN?pingSpaces4?esIgnated for Five Retail Parking Spots, Five Corftai er Parkinb pots, and Ten Tancl rrr, arking Spots on the Pacific Seafood's Lot: 15. CITIZENS' CO MENTS ( invited to Th e,linutes per Speaker) 16. A (EMBECrIVIEMBERS' �MM 17. AEMPURNMEN - \ 18. INFORtAJONAL MA EI3‘1ALS No Action •Required) A. Minut.otOther Meetings 1. t\Buildin „, Code Review Committee Regular Meeting of October 30, 2012. • sl-,, y 2. Planning ,6 d Zoning Commission Regular Meeting of October 17, 2012. 3. Solid ,s.7Advisory Board Regular Meetings of June 14 and September 25, 2012. 4. Womens Bay Service Area Board Regular Meeting of November 13, 2012. B. Reports 1. Kodiak •Island Borough School District Special Meeting Summary of •December 3, 2012 and Regular Meeting Summary of December 17, 2012. Meeting broadcast live over radio station KMXT 100.1 FM. Citizens' Comments and Public Hearing Number: Local 486-3231. - Page 2 Of 2 September 21, 2012 Mr. John Whiddon Island Fish Company LLC 317 Shelikof Street Kodiak, AK 99615 Kodiak Island Borough Community Development Department 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486-9363 Fax (907) 486-9396 www.kodiak.ak.us Re: Case 13-006. Request a Variance, according to KIBC 17.195, reducing the required off-street parking from 22 spaces to 10 spaces, according to KIBC 17.175.040. Dear Mr. Whiddon The Kodiak Island Borough Planning and Zoning Commission at their regular meeting on September 19,2012, denied your request for a variance as stated above, and adopted Findings of Fact in support of the denial. According to KIBC 17.195.090 - Appeals: • An appeal of this decision may be initiated by; 1) the applicant, or 2) any person or party aggrieved, by filing ,a written notice of appeal with the Borough Clerk within ten (10) calendar days of the Commission's decision. The notice of appeal must state the specific grounds for the appeal and the relief sought by the appellant, and accompanied by the appropriate appeal fee. Therefore, the Commission's decision will not be final and effective until ten (10) calendar days following the decision. For more information on the appeal process please contact the Borough Clerk's Office at 486-9310. The Commission adopted the following findings of fact in support of their decision: FINDINGS OF FACT 17.66.050 A.1. Exceptional physical circumstances or conditions applicable to the property or intended use of development, which generally do not apply to other properties in the same land use district. Tracts N29-B and N26-B are typical for waterfront lots located along this stretch of Shelikof Street. Together they are rectangular in shape and measure about 1.4 acres total. The Page 1 of 4 tracts, taken together or separately, exceed the minimum lot area of 20,000 square feet and lot width of 75 feet that is required for the I-Industrial zoning district. If there is something atypical, it is that the two tracts have been developed with the bulk of building development on tract N29B and Tract N26B has historically provided the parking and maneuvering to support the use on Tract N29B. The more recent use of Tract N26B for outdoor storage, loading berths and other related activities has largely displaced the availability of parking and maneuvering on this tract. The decision by the land owner to displace employee and customer parking in this way however does not rise to the level of an exceptional physical circumstance or condition that would justify the granting of a variance. Historically, the site has been able to provide ample off-street parking in compliance with the parking code without the need for variances or satellite parking arrangements. As noted in the petitioner's application however, it is the increased intensity of the current use for seafood processing and the changes that occur to that industry periodically which has driven the need to maximize the use of the site, for seafood processing. The petitioner has not clearly identified exceptional physical circumstances or conditions applicable to City Tidelands Tract N26B and N29B or the intended use of development on same which do not generally apply to other properties in the same land use district. 17.66.050 A.2. Strict application of the zoning ordinances would result in practical difficulties or unnecessary hardships. According to the petitioner, strict application of the parking ordinance would limit the ability of the site to remain competitive with other seafood processing uses in the area. As noted by staff the community has typically recognized the changes to the fishing industry and the limited locations for such uses to occur as justification for some case-by-case relief from parking requirements in the past. That said, suggestions that the parking calculation for seafood processing plants in general needs revision does not justify the grant of a variance. Revision or amendment of zoning codes is a legislative prerogative of the community whereas the request of a variance, as in this case, is a quasi-judicial request to consider individual property rights of a single landowner. There is substantial area on the site which is sufficiently devoid of building development so as to accommodate the required off-street parking. It is only because this area is being used for outdoor storage and industrial activities that the petitioner is unable to provide the parking required by the code. The petitioner has not indicated why at least some of the outdoor storage and equipment could not be relocated to another location off-site It should also be noted that a considerable portion of the waterfront industrial area was originally developed long before the advent of modern parking requirements. Community growth has resulted in a largely "auto-dependent" lifestyle for many residents. The relief requested in this case therefore cannot be based solely on an appeal for equity with other waterfront industrial sites which might look much different if they also were just getting started with development under the current community parking standards. Page 2 of 4 17.66.050 A.3. The granting of the variance will not result in material damages or prejudice to other properties in the vicinity nor be detrimental to the public's health, safety and welfare. While Variance Standard #1 references a comparison of "physical circumstances" with other lots in the same zoning district, Standard #3 is pertinent to all properties in the vicinity of the subject parcel(s) regardless of zoning or use. In this regard, it must be recognized that there is a substantial lack of parking in the overall area. Many of the business establishments across Shelikof Street are themselves nonconforming due to changing code standards or have themselves been recipients of relief by variance on a case- by-case basis. As a result there are already many nonconforming uses on both sides of the street which are not providing all of the parking required for those uses in this day of auto dependency. While the petitioner has based a substantial argument for the grant of a parking variance on issues of equity with other industrial properties on the waterfront, it is not justifiable to grant equity with other industrial properties at the expense of business properties in the area. Business properties also have workforce parking needs but in many cases also require a certain amount of parking turnover for customer access. This is much different from parking characteristics of seafood processing which typically relies on long shifts and large numbers of employees on site during peak processing times. While the petitioner has indicated that they encourage carpooling and walking to work, there is no evidence presented on the record to say how effective this encouragement is at reducing the number of employees who need to park in the vicinity of Tract N26B and N29B. In addition, the grant of the variance will run with the land in perpetuity and will create an additional burden for the city to regulate and manage in the Shelikof Street right- of-way. It is prudent therefore to work with property owners to ensure the maximum number of required off-street parking spaces are maintained in the area even if this requires giving the site owner some control and flexibility in the location and layout of the parking plan so long as the minimum parking standards of the code are met. 17.66.050 A.4. The granting of the variance will not be contrary to the objectives of the Comprehensive Plan. The grant of a variance would not be contrary or detrimental to the objectives of the Comprehensive Plan with regard to its support for seafood processing uses. The grant of such relief however, should not come at the expense of other general commercial uses in the area, which are similarly encouraged to succeed by comprehensive plan goals and objectives. 17.66.050 A.5. That actions of the applicant did not cause special conditions or financial hardship from which relief is being sought by the variance. The actions of the applicant have caused the special conditions from which relief is being sought by variance. As noted in the staff analysis some of this need may be due to the nature of the industry itself, but it is difficult to assign a value to these structural changes to the industry versus the responsibility of the land owner to control and manage the site layout and utilization. Page 3 of 4 1- '0' In both Zoning Compliance Permit CZ2012-79 and prior Variance Case 11-011 it was demonstrated that there is adequate room for off-street parking to be provided on site if some of the storage on-site could be moved to an alternate location off-site. The actions of the applicant, contrary to the provisions of the approved zoning compliance permit, have resulted in complaints, enforcement action by the borough, and ultimately this variance request. Had the petitioner maintained the site in compliance with approved permits prior to making this request this condition might have otherwise been met. 17.66.050 A.6. That the granting of the variance will not permit a prohibited land use in the district involved. This request is to allow a variance from parking requirements and the grant of such a variance would not permit a prohibited land use in the district involved. If you have any questions about the action of the Commission, please contact the Community Development Department at 486-9363. Duane Dvorak, Acting Director Community Development Department CC: Nova Javier, Borough Clerk Planning and Zoning Commission Page 4 of 4 I -ublic Hearing Item I -A - September 19, 2012 Current Location P & Z Case # 13 -006 Island Fish Co. LLC Agent: John Whiddon Request: A Variance, per KIBC 17.195, reducing the required off - street parking from 22 spaces to 10 spaces, according to KIBC 17.175.040. Kodiak Island Borough GIS System This map was prepared from the Kodiak Island Borough's GIS System. It is provided for the purpose of showing the general location of a property within the Kodiak Island Borough. This map does not represent a survey. More information about the mapping data can be obtained by contacting the Kodiak Island Borough IT Department at 037)486-9333. Introduction - Page 1 of 3 Public Hearing Item ( -A 1 Z - September 19, 2012 Kodiak Island Borough Zoning Map Community Development Department Current Zoning P & Z Case 13 -006 Island Fish Co. LLC Agent: John Whiddon Request: A Variance, per KIBC 17.195, reducing the required off - street parking from 22 spaces to 10 spaces, according to KIBC 17.175.040. Public Use Lands r 1 Rural Residential 1 Watershed Rural Residential 2 Conservation Single Family Residential Rural Residential Two Family Residential Zoning Legend Multi Family Residential Business Retail Business Industrial Light Industrial Rural Neighborhood Commercial Urban Neighborhood Commercial Natural Use This map was prepared from the Kodiak Island Borough's GIS System. It is provided for the purpose of showing the general location of a property within the Kodiak Island Borough This map does not represent a survey. More information about the mapping data can be obtained by contacting the Kodiak Island Borough IT Department at (907) 486 -9333. Introduction - Page 2 of 3 Hublic hearing Item / -A Z - September 19, 2012 Current Location P & Z Case # 13 -006 Island Fish Co. LLC Agent: John Whiddon Request: A Variance, per KIBC 17.195, reducing the required off - street parking from 22 spaces to 10 spaces, according to KIBC 17.175.040. Kodiak Island Borough GIS System This map was prepared from the Kodiak Island Borough's GIS System. It is provided for the purpose of showing the general location of a property within the Kodiak Island Borough. This map does not represent a survey. More inforrnation about the mapping data can be obtained by contacting the Kodiak Island Borough IT Department at (907) 486 -9333. Introduction - Page 3 of 3 Kodiak Island Borough Community Development Department 710 Mill Bay Rd. Rm 205 Kodiak AK 99615 Ph. (907) 486 - 9362 Fax (907) 486 - 9396 htto://www.kodiakak.us VUDllc Hearing Item l -A rent or rcrSubniitt by tmail Variance Application KIBC 17.195 PROP _ID` /1' The following information is to be supplied by the Applicant: I ('K a Pakee. [1C Property Owner / Applicant: Pacific Seafood Kodiak - John Whiddon, General Manager Mailing Address: 317 Shelikof Street, Kodiak AK 99615 Phone Number: Other Contact email, etc.: Legal Description: Street Address: 907 - 486 -8575 John Whiddon <jwhiddon@pacseafood.com> Subdv: Adjoining City Tidelands Tracts N26 -B, N29 -B 317 Shelikof Street, Kodiak AK 99615 Block: Lot: Present Use of Property: Seafood Processing, Retail Seafood Store Variance(s) Requested: Reduce required on -site parking from 22 to 10 spaces; this will be accompanied by several actions taken by Pacific Seafoods to continue to reduce parking demand, and to shift a portion of on -site spaces to an adjoining property (Note: Use additional sheets, If needed, to provide a complete description of the proposed request.) KIBC 17.195.020 Application. An application for a variance may be filed by a property owner or their authorized (in writing) agent. The application shall be made on a form provided by the community development department and accompanied by the required fee and site plan (a development plan for one or more lots on which is shown the existing & proposed conditions of the lot, including topography, vegetation, drainage, flood plains, wetlands, & waterways; landscaping & open spaces; walkways; means of ingress & egress; circulation; utility services; structures & buildings; signs & lighting; berms, buffers, & screening devices; surrounding development; and any other information that reasonably may be required in order that an informed decision can be made by the approving authority). All applications shall be available for public inspection. KIBC 17.195.050 Approval or denial. A. Approval. If it is the finding of the commission, after consideration of the investigator's report and receipt of testimony at the public hearing, that the use proposed in the application, or under appropriate conditions or restrictions, meets all of the following, the variance shall be granted. Respond to each of the following standards as they apply to your request. (use additional sheets as needed) 1. That there are exceptional physical circumstances or conditions applicable to the property or to its intended use or development which do not apply generally to other properties in the same land use district; See attachment E ©EU 1J LE ')1 2. That the strict application of the provisions of this title would result in practical difficulties or unnecessary hardship; ■• See attachment JUG -522 J t COMMUNITY DEVELOPMENT DEPARTMENT Application - Page 1 of 10 1.5-004o Hublic Hearing Item / -H - September 19, 2012 3. That the granting of the variance will riot result in material damage or prejudice to other properties in the vicinity nor oe detrimental to the public's health, safety or general welfare; See attachment 4. That the granting of the variance will not be contrary to the objectives of the comprehensive plan; See attachment 5. That actions of the applicant did not cause special conditions or financial hardship or inconvenience from which relief is being sought by a variance; and See attachment 6. That granting the variance will not permit a prohibited land use in the district involved. See attachment Applicant Certification: 1 hereby certify as the property owner authorized agent that this application for P & Z Commission review is true and complete to the best of my knowledge, and that it is submitted in accordance with the requirements of the applicable Kodiak Island Borough Code, which includes a detailed site plan for the variance request and may include optional supporting documentation as indicated below. Additional Narrative / History : As -built Survey : List Other: Other material to be submitted by July 31 Date: Photographs: Maps: Signature: CDD Staff Certification Site Plan Submitted ? Current Zoning: Date: CDD Staff: Payment Verification t h c c5 fa 0, 1;4_ Code Section(s): Fee Payable in Cashier's Office Room # 104 - prA orough Building %$250.00 (s(12_ �I'- Koaiakisianodorougt Application - FfArhptl InArlman4 Put tic Hearing item ( -A Z - September 19, 2012 VARIANCE REQUEST Pacific Seafood Background Fishing is the Foundation of the Kodiak Economy • Kodiak is the number 3 fishing port in the US in value and pounds of fish harvested (National Ocean Economics Program) • More residents live off the fishing industry in Kodiak than anywhere else in Alaska; 6 of 10 largest employers in Kodiak are seafood processors • Seafood provides largest payroll on Kodiak Island Pacific Seafood Today • Size and Operations — Pacific Seafood is one of seven primary seafood processors on Kodiak Island. Pacific Seafood currently serves a mixed fleet that includes: jig, longline, pot, trawl, salmon seine and set nets. The plant operates year round, processing Pacific cod, Pollock, POP, rockfish, flatfish, halibut, black cod, salmon and sport and charter fish. During peak season; the plant operates 24 hours a day to offload, process and. ship fish to both, international and domestic markets. The business continues w process sport and charter fish during the summer tourism months, and operates and maintains a fresh seafood market year round. History — The business was started as a seasonal custom processing operation serving the sport and charter fleets. The company, formerly called Island Seafoods, was acquired by Pacific Seafood Group in 2003. Since then the company expanded to a year round operation serving both the domestic and export markets with a variety of fresh and frozen products. Pacific Seafood is a family owned, vertically integrated seafood company, based in Portland,. Oregon. • Physical Layout — The facility is located at 317 Shelikof Street on two adjacent tracts, N29B and N26B. The original building, across the street at 330 Shelikof Street, is currently being used as a maintenance shop. The approximate square footage of the primary processing building is 13,000 square feet. • Parking — Needs fluctuate according to the seasonal changes in fishing activity, varying over the day and year. The retail operation requires five (5) spaces for customer use. The five 40 foot export vans on the Shelikof Street side, account for an additional five larger parking spaces. Business Growth and Local Economic Impact Growth: Fish processing is a very capital intensive, competitive business. Over the past 9 years, to remain in business and prosper, Pacific Seafood has had to significantly expand its staff, equipment and season of operation. Substantial payroll: The number of pounds crossing the dock has increased by a factor of five since Pacific Seafood Group took over the facility in 2003. To accommodate this expansion, at peak production the number of employees has increased from ten to over seventy -five. The average number of employees during the season is fifty, split between two shifts. A large portion of Pacific Seafood's staff walks to work or carpools. This is strongly encouraged by Pacific Pacific Seafood Preliminary Variance Application - attachment Application - Page 3 of 10 page 1 of 5 7.5.12 Public bearing Item f -A - September 19, 2012 Seafood, management, to minimize parking demand and to reduce congestion at the plant and on Shelikof Street. Expenditures: Pacific Seafood and its employees make substantial expenditures throughout the community, purchasing goods and services for the plant and the multi -gear type fishing fleet, including fuel, food, support services and purchase and repair of processing equipment. Contributions to local government revenue Fish tax (severance tax) revenues make up a large proportion of all locally generated revenues. As one of seven major processors in the area, Pacific Seafoods makes a major contribution to this critical local government revenue source. Pacific Seafood and its employees also spend significant money in the community, in turn making a large contribution to local sales tax revenues. Property tax contributions are also significant Pacific Seafood Tomorrow The national and international seafood business is constantly evolving and these investments are essential for the company to remain competitive. The company requires additional space to improve waste handling and increase freezing capacity. The potential for expansion will be largely controlled by space available for facility operations, which is in turn largely controlled by parking ordinance requirements. Pacific Seafoods will not be able to grow and therefore compete without a favorable resolution of parking issues. The Big Picture Pacific Seafoods recognizes the challenges of parking in downtown in general and along Shelikof in particular. The business succeeds in part because of all the resources downtown offers — services, retail, circulation, restaurants and housing. Pacific Seafood wants to work to improve parking situation for itself and for the community, which will require a cooperative effort. Proposal - A Phased Approach 1. Immediately: A parking variance, to solve current problems at Pacific Seafood — from a requirement for 22 to 10 parking spaces. Pacific Seafood will take several different steps to offset this reduction in on -site parking requirements. Details will be presented in the - full version of this variance request, to be submitted by the end of July. Strategies will include continued steps to reduce employee parking demand, proposed changes in the location and dimensions of parking spaces, and use of adjoining off -site parking to meet a portion of parking requirements. 2. In the near future: Pacific Seafood would like to be one catalyst in bringing together the City, Borough, landowners, businesses and the community to develop and implement a plan that resolves parking issues in the area. Pacific Seafood Preliminary Variance Application - attachment Application - Page 4 of 10 page 2 of 5 7.5.12 Public Hearing Item ( -H Z - September 19, 2012 Variance Criteria KIB Code; Chapter 17.195 and Pacific Seafood Responses /1. That there are exceptional physical circumstances or conditions applicable to the property or to its intended use or development which do not apply generally to other properties in the same land use district Borough parking standards requiring one on -site parking spot per 700 square feet of industrial space do not work for waterfront seafood processing businesses. For Pacific Seafood or any other processor to continue to operate safely and successfully requires modification of these standards. While on some days the 22 parking spots required under existing standards can remain open and dedicated to parking use, on other days at least portions of these spaces must to be available for processing - related activities. The size of this waterfront parcel is fixed; there is no extra room to both meet operational . needs and ensure all required parking spaces are always free. Current parking standards: are equally unworkable for all the processing facilities along the waterfront. The reason these parking standards have not been challenged and resolved is that nearly all the other nearby processors (and many larger retailers) are effectively exempt. from Borough parking requirements — their operations are " grandfathered" from a time prior to the adoption of the existing code. Because of the temporary change of the business in1995 from seafood to retail, Pacific Seafood is the only major processing business without the "grandfather provision ". The resulting situation reverses the normal role grandfathering plays in a community. Instead of the large majority of users meeting the law with the occasional grandfathered exception, in this case the situation is reversed: one company is required to comply with standards not followed by other processing businesses. /2. That the strict application of the provisions of this title would result in practical difficulties or unnecessary hardship; A processing business must have a waterfront location; availability of such space is intrinsically very limited. Operational and safety requirements for a successful fish processing operation do not allow Borough parking on -site standards to be met on a regular basis. The growth of the business requires movement of large freezer vans, waste dump trucks and forklifts such that parked vehicles must continually be moved to accommodate the functions of the business. Safety is a particular concern during those times when a small area must serve both parking and operational needs; private vehicle parking creates a risk of damage to parked cars and potential for accidents or injury. There are few if any alternative locations for fish processing in the area, and effectively no option to expand at the current site. Meeting the full parking standards under the existing code means the existing operation will have to be substantially reduced, and also that the opportunity and need for expansion will be precluded. This would result in reduced fish landings and the elimination of permanent full time processing workers. Even if more on -site parking space was available, enforcement of these parking standards on one business, while not requiring the.same rule of other processors, creates a singular and significant hardship and competitive disadvantage for Pacific Seafood. The Pacific Seafood page 3 of 5 Preliminary Variance Application - attachment 7.5.12 Application - Page 5 of 10 Public Hearing item I -A - September 19, 2012 Borough is in effect practicing spot zoning; burdening a single business with costly requirements not asked of the other comparable businesses just down the street. /3. That the granting of the variance will not result in material damage or prejudice to other properties in the vicinity nor be detrimental to the public's health, safety or general welfare; If parking issues can be resolved Pacific Seafoods will be able to continue to operate into the future. This would support economic development of the Borough, help support local sport and commercial fishing businesses, make an important contribution to borough tax revenues, and contribute to the overall welfare of the community. Limited on -site parking, and a reliance on on- street parking, including parking by Pacific Seafoods employees, has been the practice along Shelikof for many years: Allowing this practice to continue will not change the public's health safety and welfare. While continuing on- street parking is workable, it is clear that parking is often tight along the street, impacting businesses and customers. Pacific Seafood would welcome the chance . to work with the Borough, the City, and other property owners and businesses to develop a more comprehensive solution to parking issues in the area. Key elements of this larger scale plan might include: ▪ Initial evacuation of parking needs, parking supplies, and parking behaviors • Changed on -site parking standards, so that all businesses have reasonable standards. Expansion of on- street parking, such as expansion of bulkhead parking across from Sutliffs • New shared off - street parking ▪ A safe, enjoyable walking route for cruise ship visitors and other pedestrians between Pier 2 and downtown. Pacific Seafood has considered acquiring the adjoining property to the west and renovating this currently unused site. Redeveloping this unused property would create new jobs and business opportunities, and increase local tax revenues. The economics of this purchase do not work, however, without changes in parking standards, and parking demand and supply in the area. -' 4. That the granting of the variance will not be contrary to the objectives of the comprehensive plan; The comprehensive plan places major emphasis on the value and importance of fishing for both the economic health and quality of life in the Borough. Two of several sections of the plan that emphasize the need to support the fishing industry are excerpted below. Gool: Support the local commercial fishing industry in their efforts to maintain the economic health of and diversify Kodiak 's regional fisheries while managing any potential environmental impacts from the seafood processing industry. Policies; - Support and help coordinate efforts by the private industry to increase value -added processing in Kodiak. Pacific Seafood Preliminary Variance Application - attachment Application - Page 6 of 10 page 4 of 5 7.5.12 Public hearing Item f -A Z - September 19, 2012 Increase the productivity of the seafood processing plants, including through increasing electrical power utilization/ efficiency and reducing electric power costs. Support improvements to infrastructure that supports the fishing industry (e.g., cranes and cold storage facilities) to allow local fishing boats to directly market their catch. Gook Support commercial businesses and areas within the Borough, including in downtown Kodiak. Policies Plan for land uses, transportation facilities and public improvements in commercial areas in a way that supports the viability of local businesses. Zone land and coordinate planning in the Kodiak urban area in a way that supports the downtown, as well as other important commercial areas. Support efforts by local businesses and business organizations throughout the Borough to enhance existing and potential new businesses, particularly in areas that would benefit from economic revitalization. 4. That actions of the applicant did not cause special conditions or financial hardship or inconvenience from which relief is being sought by a variance; and - Pacific Seafood has been carrying out the same fish processing business in this location for I I years. Like all the fish processors in Kodiak, the business has evolved to meet changing market needs, and take advantage of new opportunities, and like most of the other processors along Shelikof, to remain viable and competitive, the business has by steadily expanded. - The alternative to continued growth is visible in the vacant former fish processing business on the adjoining lot — processing business that do not continually reinvest, grow and change are not viable. i6. That granting the variance will not permit a prohibited land use in the district involved, No change in use is proposed as part of this requested variance. The purpose of the request is to allow the successful continuation of the current use. Pacific Seafood page 5 of 5 Preliminary Variance Application - attachment 7.5.12 Application - Page 7 of 10 PAYMENT DATE 07/05/2012 ' COLLECTION STATION CASHIER RECEIVED FROM Pacific Seafood DESCRIPTION VARIANCE APPLICATION KIBC 17.195 PAYMENT CODE Variance Fee Kodiak Island Borough 710 Mill Bay Rd. Kodiak, AK 99615 Public Hearing Item f -A - Septembtt005 RECEIPT NO. 2013- 00000010 CASHIER Cashier RECEIPT DESCRIPTION Varian Fee Payments: Type Detail Amount Check 1147249 $250.00: TRANSACTION AMOUNT $250.00 Total Amount: $250.00 Printed by: Cashier APp"ligj -nog $ Of-10- 07/05/2012 02:40:07 PM Public Hearing Item ( -A Z - September 19, 2012 Sheila Smith From: Chris Beck < Chris @agnewbeck.com> Sent: Thursday, July 05, 2012 11:21 AM To: Duane Dvorak Cc:, Bud Cassidy; Sheila Smith; John Whiddon (jwhiddon @pacseafood.com) Subject: Work session and Site Visit Attachments: Letter - worksession request.doc Duane (and Bud, and. Sheila) As we've discussed„ I'll be coming to Kodiak next Wednesday the I to to learn more about parking issues at Pacific Seafood and surrounding areas, and to participate in the Planning Commission Worksession. Attached is a formal letter asking fora brief window of time at the worksession John will not be able to attend the worksession. I'm also hoping that I could meet with you and Bud to get some background on these issues during that day. Is there a particular time that would be good to schedule? My current plan is to come to your office early Wed AM and review files on adjoining businesses. Our understanding is essentially all the other Shelikof Street fish processors and larger retailers are grandfathered and do not -have to meet the parking standards being asked of Pacific Seafood.. But I'd like to go through the files and confirm that fact. 1 intend to spend most of the day walking the area and I hope visiting with people who know the parking issues. Other than Borough staff, is there anyone you think it would be particularly useful to talk-to? We're submitting a variance request later today. As discussed, this is in part a placeholder — a response to the schedule established by the Borough non - compliance complaint filed in June: We're still planning on filing a more fleshed out version by the end of July, to set the stage for a September hearing. The full submittal will take advantage of what I hope to learn while visiting on the I I w and doing further research over the remainder of the month. The schedule as outlined in our previous emails is excerpted below. Thanks for the assistance. Hope you got a bit of a break on this midweek 4th of July holiday. CBeck Chris Beck principal AGNEW ::BECK 441 West Fifth. Avenue, Suite 202 Anchorage, Alaska 99501 t 907.222.5424 f 907.222.5426 w www.agnewfieck.com Hi Chris and John, just to clarify a couple of points below I have highlighted my comments. - -Duane Duane Dvorak, Associate Planner Community Development Department Kodiak Island Borough 710 Mill Bay Road Kodiak, Alaska 99615 1 Application - Page 9 of 10 Nubile Hearing Item f -A "?Z - September 19, 2012 (907)486 -9362 ddvorakl7a,kodiakak.us From: Chris Beck Jmailto:Chris @aanewbeck.com1' Sent: Friday, June 15, 2012 4:33 PM To: John Whiddon (twhiddon@aacseafood.com) Cc: Duane Dvorak; Shanna Zuspan Subject: Response to Parking Compliance Complaint John, I just had the chance to talk to Duane about a possible schedule regarding parking issues at your property, outlined below. From what I know of your situation, this looks like one good way to go. I'm ccing Duane to make sure I have the process correct In next several days... send a request through Duane and Sheila for time on the Planning Commission's agenda on July IIth By July 5t - respond to the Borough complaint within 30 days Several options are possible; one would be to file an a l;va!jar* another simply comply. The recommended alternative would be to file a request for a variance. That filing would meet the . requirement for some form of response to the complaint within 30 days, and would relieve the requirement for direct physical compliance (meaning you would not have to remove the offending material from your parking areas while the variance Is being reviewed and acted upon.) This variance filed must be substantially different from the earlier proposed variance. The version filed by July 5th could be, in effect, a placeholder, leaving the option to add additional material later, after the July I I th worksession and my fact finding trip to Kodiak. (The aPPeaf bption dosedbtoday so_thewanancejs the only option.availa61e after this time:) July 1 It - Short worksession with the Planning and Zoning Commission I'd come out to Kodiak for this worksession, and while in town meet with Duane, get more familiar with the site, etc. At that time I'd also like to better understand the facts surrounding the initial variance request, for example, Duane's count of square feet of building. By August .1 — File fleshed out Variance Request. September (' 19th) — Hearing with Planning and Zoning Commission (Septemberr,:112t is the.packet review_ work session and;the pttbli0eiting Orie week;later onxtlie I4 ^} How does this sound? Duane, is my understanding of this option correct? (and thanks Duane for all the help). Chris 2 Application - Page 10 of 10 VubIIc Hearing item / -A Z - September 19, 2012 Current Location 317 Shelikof Street P&Z Case 13 -006 Island Fish Company, LLC/ Pacific Seafood Kodiak Request a Variance, per KIBC 17.195, reducing the required off- street parking from 22 spaces to 10 spaces, according to KIBC 17.175.040. Kodiak Island Borough GIS Feel 0 170 340 680 1 1 1 This map was prepared from the Kodiak Island Borough's GIS System. It is provided for the purpose of showing the general location of a property within the Kodiak Island Borough. This map does not represent a survey. More information about the mapping data can be obtained by contacting the Kodiak Island Borough IT Department at (907) 486 -9333. Public Comment - Page 1 of 27 I- ublic Hearing Item / -A - September 19, 2012 KVi)IAK ISLAND BOROU t_TH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 (907) 486-9363 August 7, 2012 Public Hearing Item 7 -A PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, September 19, 2012. The meeting will begin at 6:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska, before the Kodiak Island Borough Planning and Zoning Commission, to hear comments if any, on the following request: CASE: 13-006 APPLICANT: Island Fish Company, LLC/Pacific Seafood Kodiak AGENT: John Whiddon, General Manager REQUEST: A Variance, per KIBC 17.195, reducing the required off - street parking from 22 spaces ID 10 spaces, according to KIBC 17.175.040. LOCATION: 317 Shelikof Street ZONING: I- Industrial This notice is being sent to you because our records indicate you are a property owner /interested party in the area of the request. If you do not wish to testify verbally, you may provide your comments in the space below or in a letter to the Community Development Department. Written comments must be received by 5 pm, September 4, 2012 to be considered by the commission. if you would like to fax your comments to us, our fax number is: (907) 486- 9396 or you may email them to ssmitlaa,kodiakak.us. If you would like to testify via telephone, please call in your comments during the appropriate public hearing section of the meeting. The local call -in telephone number is 486 -3231. One week prior to the regular meeting, on Wednesday, September 12, 2012, a work session will be held at 6:30 p.m. in the Kodiak Island Borough Conference Room ( #121), to review the packet material for the case. Kodiak Island Borough Code provides you with specific appeal rights if you disagree with the Commission's decision on this request. If you have any questions about the request or your appeal rights, please feel free to call us at 486 -9363. Your Name: Mailing Address: 1 our propert} description: ('omments: Public Comment - Page 2 of 27 PUDIic Nearing Item ( -A Z - September 19, 2012 MARK ANDERSON CRAIG BAKER WILLIAM BISHOP 1124 STELLER WAY P.D. BOX 8514 402 W MARINE WAY STE 300 KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99611 BJM, LLC P.O. BOX 993 KODIAK, AK 99615 LEIF BROCKMAN PO BOX 99 BLACHLY, OR 97412 ANDREW M DAVIS 2608 JODI CT MARENO VALLEY, CA 97555 MICHAEL HELLIGSO 318 W. REZANOF DR KODIAK, AK 99615 ISLAND FISH CO., LLC 317 SHELIKOF AVE KODIAK, AK 99615 CHARLES E & MARILYN JOHNSON 9310 LUNDEEN RD SW ROCHESTER, WA 98579 KODIAK INN HOLDINGS, LLC 236 W. REZANOF DR KODIAK, AK 99615 THOMAS KOUREMETIS PO BOX 1392 KODIAK, AK 99615 GEORGE LEE. 171 OTTER AVE KODIAK, AK 99615 JEROME BONGEN LIVING TRUST PO BOX 392 KODIAK, AK 99615 CITY OF KODIAK P.O. BOX 1397 KODIAK, AK 99615 GLENN DICK 11879 MIDDLE BAY DR KODIAK, AK 99615 MARGARET HOLM 303 COPE 5T, KODIAK, AK 99615 LESLIE T & MARY A JAMES PO BOX 536 KODIAK, AK 99615 DUKE JONES P.O. BOX 1604 KODDAK, AK 99615 KODIAK MARINE SUPPLY INC PO BOX 99098 SEATTLE, WA 98199 ALEXUS KWACHKA 326 COPE ST KODIAK, AK 99615 JOSHUA LEWIS 1120 HUFFMAN RD STE 24 -466 ANCHORAGE, AK 99515 Public Comment - Page 3 of 27 TONYAM BROCKMAN 171 OTTER AVE KODIAK, AK 99615 KYLE CROW 410 REZANOF DR KODIAK, AK 99615 ELIZABETH FLEMING PO BOX 1068 KODIAK, AK 99615 INT'L•SEAFOODS OF ALASKA P.O. BOX 2997 KODIAK, AK 99615 LELAND JAMES 1615 LIEGE DR HENDERSON, NV 89012 KERRY KEARNS. Pb BOX 8256 KODIAK, AK 99615 KODIAK RENTAL CENTER, LLC PO BOX 2531 KODIAK, AK 99615 ROBERT LACHOWSKY 315 COPE ST KODIAK, AK 99615 THOMAS LORAN ETAL 410 SHELIKOF ST KODIAK, AK 99615 CHRISTINA LYNCH 11175 LAKE ORBIN DR KODIAK, AK 99615 LANA JANEMONTEIRO PO BOX 1072 KODIAK, AK 99615 MICHAEL RESOFF PO BOX 911 KODIAK, AK 99615 DIANA MACDONELL PO BOX 2730 KODIAK, AK 99615 MONTE NEDROW PO BOX 8983 KODIAK, AK 99615 JANE SAUER 1436 "O ".ST ANCHORAGE, AK 99501 I-'ublic Hearing item RA - September 19, 2012 MK ENTERPRISES, LLC PO BOX 2338 KODIAK, AK 99615 PATRICIA.OLSEN P O BOX 1014 KODIAK, AK 99615 ALLAN THIELEN 318 W HILLCREST ST KODIAK, AK 99615 NORMAN URSIN SR THOMAS WALTERS CHRISTOPHER WING 1715 W INICKERSON ST PO BOX 3336 PO BOX 2827 SEATTLE, WA 98119 KODIAK, AK 99615 KODIAK, AK 99615 Public Comment - Page 4 of 27 I-'ubllc Hearing item / -A - September 19, 2012 KODIAK ISLAND BOROUGH COM1VIUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 (907) 486 -9363 August 7, 2012 Public Hearing Item 7 -A PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, September 19, 2012. The meeting will begin at 6:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska, before the Kodiak Island Borough Planning and Zoning Commission, to hear comments if any, on the following request CASE: APPLICANT: AGENT: REQUEST: LOCATION: ZONING: 13-006 Island Fish Company, LLC/Pacific Seafood Ko John Whiddon, General Manager A Variance, per KIBC 17.195, reducing the req 22 spaces w -10 spaces, according to -KIBC 17:175. 317 Sheldcof Street - I- Industrial ff -spt} th COMMUNITY DEVELOPMENT DEPARTMENT This notice is being sent to you because our records indicate you are a property owner/interested party in the area ofl the request. If you do not wish to testify verbally, you may provide your comments in the space below or in a lett er' to the Community Development Department. Written comments must he received br 5 nm, September 4. 2012 to be considered br the commission. If you would like to fax your comments to us, our fax number is: (907) 486- 9396 or you may email them to ssmithakodiakak.us. If yon would like to testify via telephone, please call In your comments during the appropriate public hearing section of the meeting. The local call -in telephone number is 486 -3231. One week prior to the regular meeting, on Wednesday, September 12, 2012, a work session will be held at 6:30 p.m. in the Kodiak Island Borough Conference Room ( #121), to review the packet material for the case. Kodiak Island Borough Code provides you with specific appeal rights if you disagree with the Commission's decision on this request. If you have any questions about the request or your appeal rights, please feel free to call us at 486-9363. Names: Ma7ug Address: Y a e 22 L Iola l> Your property description: 3,2g- ge ifi e Co, . _ - . . J i a f. !. , / . I,.- 1, 'V% ",� ,ail ! // _ 4 M A ME -a- ! ilv- I W - r ��fl�'► '1�rs . ' 0 t- - . Z"s'1 t, . /l it �y� ' S M '.% _ -A > 1 r ., CaE , BS / __ M ' 4 I'5^ r ;G 1e, - .. , 041 lC fal 8 scg_ rot) '015 WOO (e t 4' 12) cliarf .1, tip ll , ef- e, vice VII r_ �% 4 r h ra i pIai k /� C9'- i J42 LJ -M' w c'. I E ' / . ` ` .. / "'. ! l c * 1._, a Public Comment - Page 5 of 27 G4— VI 5(4 t: • h'ublic Hearing Item (-A - September 19, 2012 KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 (907)486 -9363 August 7, 2012 Public Heating Item 7 -A PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, September 19, 2012. The meeting will begin at 6:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska, before the Kodiak Island Borough Planning and Zoning Commission, to hear comments if any, on the following request CASE: 13-006 APPLICANT: Island Fish Company, LLC/Pacific Seafood Kodiak AGENT: John Whiddon, General Manager REQUEST: A Variance, per KIBC 17.195, reducing the required off - street parking rum 22 spaces /g 10 spaces, according to -KIBC 17:175.040. - LOCATION: 317 Shelikof Street ZONING: I- Industrial This notice is being sent to you because our records indicate you are a property owner /interested party in the area of the request_ if you do not wish to testify verbally, you may provide your comments in the space below or in a letter to the Community Development Department_ -1 - ___I' , -, •:, .. r, ,, . 1 . , L. .;; ` : _ _ _•- _ ... to be considered In the commission. If you would like to fax your comments to us, our fax number is: (907) 486- 9396 or you may email them to ssmith(c)kodiakak.us. If you would like to testify via telephone, please call In your comments during the appropriate public hearing section of the meeting. The local call -in telephone number is 486 -3231. One week prior to the regular meeting, on Wednesday, September 12, 2012, a work session will be held at 6:30 p.m. in the Kodiak Island Borough Conference Room ( #121), to review the packet material for the case. Kodiak Island Borough Code provides you with specific appeal rights if you disagree with the Commission's decision on this request. If you have any questions about the request or your appeal rights, please feel free to call us at 486 -9363. Your Name: 4)":4974--// Mailing Address: „?3/' ) /7h7' / �jr-> Your property description: b -2kfy i� Comments: 9J /77 ti fr / 1� t i �� r /J �sr, An c.,..' /Are �/ riC YXn∎ LJS/ /c r frf,A Igr ��ri'�//il' X:e 4_,.. -� C/h / /rr �1/SisP%S i/ 4i, // rl ,i in ./. C �e//Yi i� .f r A ,ti, / /.1. � KiPS l/.s /vrrY>c,c/ Ai/ / / At .� • i /� J e/ L,J6 - c J :g4�iI • SEP -42012 COMMUNITY DEVELOPMENT DEPARTMENT Public Comment - Page 6 of 27 Nublic Meanng Item / -H Z - September 19, 2012 Sheila Smith From: John Adams < jadams @seattlegeneralagency.com> Sent: Monday, August 13, 2012 5:16 PM To: Sheila Smith Cc: John Whiddon Subject: Case 13 -006 Island Seafood Company LLC/ Pacific Seafood Kodiak / Variance request Attachments: 2012 -08 -13 180637.pdf Attached is a copy of the Public Hearing Notice. I am John Adams, Personal Representative of the Ursin Estate and responsible for all Estate matters. My office is at 1715 West Nickerson St.; Seattle, WA 98119 Our property is N29A located at 319 Shelikof Street, Kodiak, AK I have no objection to the requested parking variance requested by John Whiddon. John Adams 1715 West Nickerson St Seattle, WA 98119 206 282 -7000 800 724 -4840 Fax 206 283 -1419 Adams- Seagen c(�att.net Jadams c(�Seattlegeneralagencv.com 1 Public Comment - Page 7 of 27 I-'ubllc hearing Item / -A Z - September 19, 2012 KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 MiII Bay Road, Kodiak, Alaska 99615 (907) 486 -9363 August 7, 2012 Public Hearing Item 7 -A PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, September 19, 2012. The meeting will begin at 6:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska, before the Kodiak Island Borough Planning and Zoning Commission, to hear comments if any, on the following request: CASE: APPLICANT: AGENT: REQUEST: 13 -006 Island Fish Company, LLC/Pacific Seafood Kodiak John Whiddon, General Manager A Variance, per KIBC 17.195, reducing the required off - street parking farp, 22 spaces 10 spaces, according to KIBC 17.175.040. LOCATION: 317 Shelikof Street ZONING: 1- Industrial This notice is being sent to you because our records indicate you are a property owner /interested party in the area of the request. If you do not wish to testify verbally, you may provide your comments in the space below or in a letter to the Community Development Department. Written comments must be received by 5 pm, September 4 , 2012 to be considered by the commission. If you would like to fax your comments to us, our fax number is: (907) 486- 9396 or you may email then to ssmith((kodiakak.us. If you would like to testify via telephone, please call in your comments during the appropriate public hearing section of the meeting. The local call -in telephone number is 486 -3231. One week prior to the regular meeting, on Wednesday, September 12, 2012, a work session will be held at 6:30 p.m. in the Kodiak Island Borough Conference Room ( #121), to review the packet material for the case. Kodiak Island Borough Code provides you with specific appeal rights if you disagree with the Commission's decision on this request. If you have any questions about the request or your appeal rights, please feel free to call us at 486 -9363. fnj �/ /� // Your Name: �QW A41 )761-1.40.Se*./ Mailing Address: ?" O' . O% 1 `-' "' 3 Your property description: £ 2 4W 5-3 7 — 6 3 7 4 /+/ Comments: / • • la l s Q7i I /1Jfra ',- . i ��i ` is _ 1, l i ii . S cj- 1,00 >Q___v p t ©EOME' SEP - 4 2012 COMMUNITY DEVELOPMENT DEPARTMENT Public Comment - Page 8 of 27 Hublic Hearing Item ( -A Z - September 19, 2012 KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 (907) 486 -9363 August 7, 2012 Public Hearing Item 7 -A PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, September 19, 2012. The meeting will begin at 6:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska, before the Kodiak Island Borough Planning and Zoning Commission, to hear comments if any, on the following request: CASE: APPLICANT: AGENT: REQUEST: LOCATION: ZONING: 13-006 Island Fish Company, LLC/Pacific Seafood Kodiak John Whiddon, General Manager A Variance, per KIBC 17.195, reducing the required off - street parking fi 22 spaces tW -10 spaces; according to -KIBC 17.175.040: 317 Shelikof Street I- Industrial This notice is being sent to you because our records indicate you are a property ownerfmtetestcd party in the area of the request. If you do not wish to testify verbally, you may provide your comments in the space below or in a letter to the Community Development Department.'' \ , it ;cr rr_;;11.r,2; )11:),1:))i n:ccr ed b: ' fir. �coic;r;br1.4_ 20i to be considered by the commission. If you would hie to fax your comments to us, our fax number is: (907) 486- 9396 or you may email them to ssrnith(d)kodiakak.us. if you would like to testify via telephone, please call in your comments during the appropriate public hearing section of the meeting. The local call -in telephone number is 486 -3231. One week prior to the regular meeting, on Wednesday, September 12, 2012, a work session will be held at 6:30 p.m. in the Kodiak Island Borough Conference Room (# 121), to review the packet material for the case. Kodiak Island Borough Code provides you with specific appeal rights if you disagree with the Commission's decision on this request. If you have any questions about the request or your appeal rights, please feel free to call us at 486 -9363. n,� �� _ ,/ L 3 % A- S i I /" UF- Your Name: sCAL nn Mailing Address: --f Your property description: S EKU 3-01"&" 12 co . .NESS 6/4 S % L�F comma: s Q o ry U-c L.) S t-1 t° 4z -715 -� T /f-E g14-e----774' " C e" .L ,� 7 it-t- L /�- L . .St■r 6N -e00b0- Pike - -- ekr cv ,._ -: ,-ay 7 PUCT :CC' NJ cu 0u-LP Pee - M t=_-Atz___ o Ay IS u5 :::(vC-S S , iJl SEP - 4 2012 1 COMMUNITY DEWFI QPMFNT (1FPA@TMENT Public Comment - Page 9 of 27 I-'ublic hearing item / -A Z - September 19, 2012 September 1, 2012 To: Kodiak Island Borough Community Development Department Re: Case: 13- 006 /Island Fish Company, LLC /Pacific Seafood Kodiak (IFC) From: Engine Room Supply 322 Shelikof Street Suite B Kodiak, AK 99615 We are very concerned about the request to allow a variance, per KIBC 17.195, reducing the required off - street parking from 22 spaces to 10 spaces on Shelikoff Street, and request that the variance be denied for several reasons. There are an insufficient number of parking spaces presently, along this section of Shelikof Street. Our employees must park on the street so that customers can park in the spaces provided on the building's property. We rent one of four businesses in this building, with one space available for our customers most of the time. On our side of Shelikof Street, 1-hour parking is allowed, and on the east side (the boat harbor side) 12 -hour parking is permitted. This means our employees are currently competing with drivers who work at businesses on Shelikof Street for parking. Should this variance be granted, there would be a great deal more congestion than already exists. Reducing the available parking will be a burden to existing businesses with a possible loss of revenue. Customers currently can't always find places to park and do not want to park illegally. They may take their business elsewhere, or online, should fewer spaces be available. This will make a bad situation worse. We would like to suggest that IFC provide shuttle service for its workers to get to and from the job, or incentives to workers who carpool. IFC could also use part of its own property for employee parking. There are solutions, other than granting this variance. Thank you, Charlie & Laurie Madsen Delivered electronically � C�C�[�IN/s SEP-42012 COMMUNITY DEVELOPMENT DEPARTMENT Public Comment - Page 10 of 27 Public Hearing Item I -H Z - September 19, 2012 Downtown Parking I am opposed to any variance allowing a reduction in the required parking spaces. Downtown parking is at a premium. The one hour parking in front of the Harbor Building is abused daily. Retail customers cannot park in front of establishments to do business. The private parking lot assigned to my building is constantly being utilized by Pacific Seafood employees as shown in the photos below. Harbor Building parking lot utilized by Pacific Seafood's employees. Different day, same problem with use of private parking lot. Public Comment - Page 11 of 27 Public Hearing Item f -A - September 19, 2012 Same problem different day. Cannery vehicles in one hour parking. I had to call the city police to get these vehicles to move. My retail customers had no direct access to my retail space. Public Comment - Page 12 of 27 C�C�C�OdC� -1 SEP - 4 2012 COMMUNITY DEVELOPMENT DEPARTMENT August 30, 2012 Kodiak Island Borough Community Development Dept. 710 Mill Bay Rd Kodiak, AK 99615 sent via email to ssmith@kodiakak.us Re: Case # 13 -006 Island Fish Company /Pacific Seafood Kodiak Dear Sirs; I am the owner of lots 19A-1A and 19A -2, also known as 410 Shelikof Street. This property is occupied by my company, Alaska Hydraulics, Inc. 1 am providing comments regarding Mr. Whiddon's request for a parking variance on Shelikof Street. Respectfully, I ask that this request NOT be approved. The parking situation on Shelikof Street is already a huge issue and escalating daily. The street parking is already over stressed. This causes customers of surrounding businesses to utilize my parking lot. Then, my customers and my employees cannot park in our own lot. Or..often have someone double parked behind them so they cannot leave. We have incurred expense in trying to control our parking lot for our customers and employees as well as made some town folk mighty upset when we ask them not to park in our lot or put a sign on their windshield. Please help us be good neighbors by not forcing us to have non - customer vehicles towed. Also, we are trying to be a part of the cannery row community, and are trying to get along with our small business neighbors by not chasing their customer's off any more than we have to. In these tough economic times we should all help our neighboring businesses as much as possible. I spoke with many of our neighbors regarding this issue and they are all having problems and are sorry that their customers invade our space. Many of them have also incurred expenses and have employees who have to come to work an hour early just to get a place to park. In addition, the situation has made Shelikof unsafe to drive or walk. Public Comment - Page 13 of 27 There is also a lot of pedestrian traffic and bicycle traffic. I have seen rnany near misses as many of the pedestrians are not ] ig attention or not following proper 1 :le laws. As this community is already looking into how to make walking on Shelikof Street safer for ferry and cruise ship passengers, the parking situation should be taken in consideration for that effort. Just recently, the Kodiak Brewery moved and their parking space is now filled daily. Possibly this issue should be co- considered with the City government. Designating some parking spaces for a 1 -2 hour maximum, enforced by the City, is a possible partial solution. We all appreciate and respect what the canneries /seafood companies mean to this community; however, they need to take some responsibility as well. Find offsite parking with a shuttle perhaps? Thank you. Thomas Loran attachment Public Comment - Page 14 of 27 I Pacific Seatood Knrliak KIM.. 1 !.1 1O.u4u. Kodiak Island Borough GIS u i t i Subject Parcels Notification Area ihs neap was Ixepared from the Kodiak Island Borough's GIS System It is provided for the purpose of showing the general location of a property within the Kodiak Island Borough This map does not represent a survey. More mlorniafom about the mapping data can be obtaned by contacting the Kodiak Island Borough IT Department al (907) 4869333 Public Comment - Page 15 of 27 TELEPHONE (907) 486.5792 Public earing Item 7 -A P84, `H;,3eptember 19, 2012 412 SHELIKOF AVENUE KODIAK, AK 99615 FAX (907) 4604882 Debra Davis, Kodiak Marine Supply Property description: 20A 9/4/12 To: Kodiak Island Borough Planning and Zoning Commission Re: Case 13 -006 There is currently not enough parking along Shelikof Ave. to accommodate the work force in the seafood processing industry. When the processors are working, all parking along Shelikof Ave. is used, from the boat harbor to city dock. Eliminating 12 more off- street parking spaces, as requested by Pacific Seafood Kodiak, will only increase this shortage. Please consider this situation when reviewing this variance request. Thank you. Sincerely, Public Comment - Page 16 of 27 Ely /04 /21112 13:28 425 -- 332-1(18 FEUhX UFF1Ct 511 Alit 81 Pur Hearing Item 7 -A Patsy-- A3eptember 19, 2012 KODIA ISLAND BOROUGH COMMUNITY D VELOPMEP T DEPARTMENT 710 Mi 1 Bay Road, Kodiak, Alaska 99615 (907) 486-9363 August 7, 2012 PUBLIC Public Hearing Item 7 -A BARING NOTICE A public hearing will be held on Wednesday, September 19, 2012. The meeting will be 6:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska, b Kodiak island Borough Planning and Zoning Commission, to hear comments if following request: CASE: 13-006 APPLICANT: island Fish Comp: ny, LLLC/Pacifie Seafood Kodiak AGENT: John Whiddon, G3eral Manager REQU2ST: A Variance, per B. C- 17.1.9.5,_reducing.the:required .off.- slreet_parking from 22 spaces bg 10 s cs, according to ICIBC 17.175.040. LOCATION: 317 Sheliker Size ZONING: I- Industrial This nnttce is being sent to you because ounc�ords the request. If you do not wisb to testify v to the Community Development Department to he considered by the commission, If yo indicate you are a property mmetlitiierested party in the area of ally, you may provide your comments in the space ltelow or in a letter Written comments must he received by 5 pm, September 4. 201,2 would like to fax your comments to us, our fax number is: (907) 486- akak.us. If you would like to testify via telephone, please call in your 9396 or you may email them to ssmith@ko comments during the appropriate public 486 -3231. Ono week prior to the regular meeting, on in the Kodiak island Borough Conference R Kodiak Island Borough Code provides y+i' decision an this request. If you have any q at486.9363. ., Ynurflnme: ' _�,1e `, ' ,-�{ Vanrpropertydcteriptiom Lace a0A'}' oaring section of the meeting. The local call -in telephone number is edncsday, September 12, 2012, a work session will be held at 6:30 p.m. dm ( #121), to review the packet material for the case. with specific appeal rights if you disagree with the Commission's itions about the request or your appeal rights, please feel free to call us 4:a l Lltige r—Dni ' s Meiling Addrees: i. 1.' .eelal- st lit A -2 QSrs Val 33' 10 S \4 ' $�`•- Comments: -_— .. s - IA-Sb rDOC.I4tA _..-0.,—_-........, III Public Comment.- Page 17 of 27 09/04/2012 13:28 425 -- 392 -1778 FEDEX OFFICE 5,17 AGE 02 Put„_ ��rlearing Item 7 -A P&7 - 3eptember 19, 2012 .ELAND JAMES 1115 LIEGE DRIVE HEND RSON, NEVADA 89012 425- 652 -8571 Lelanidjames71(yahoo.com September 2, 2012 Kodiak Island Borough Community Development Department 710 Mill Bay Road Kodiak, Alaska 99615 Re: Public Hearing Notice (September 19, 2012) Subject Case: 13 -006, Island Fish Co. Pacific Seafood Kodiak Respondent Location: Lots120A and 19A -2, 332/334 Shelikof St. Dear Kodiak Island Boro Members: g Planning and Zoning Commission I purchased the NAPA building at 332/ Shelikof St.. in 1979. The building was originally built) in 1965 after the quake as the APEC auto parts store. APEC was then the largest auto parts company in Alaska and had seven state wide locpitions. The owner was experiencing financial difficulties when I purchased the property. Since that time a number of tenants have occupied the building. A Mr. Dave Handel the current owner of Kodiak Auto Parts stepped up and purchased the business after NAPA decided they wished to leave Kodiak eleven years ago. A the property owner and in order to facilitate the new tenant I asked Northern Commercial to relocate their liquor store to give Dave mofre space. The other half of the building was then serving as a fishing supply store. Anyone who has ever done business in the area knows that parking is a problem. .I purchased adjacent vacant land (Lot 19A -2) for additional parking to facilitate my changing tenant needs 12 years ago, giving me parking on both sides of the building, but still not enough for some users, a restaurant for instance, who have to look elsewhere. Public Comment - Page 18 of 27 Uy /114 /21112 1:3:2H 42b -- ;392 -1(Th FEDEX UFF1Ut 5,"�/ AUE U3 Pui Hearing Item 7 -A P &- September 19, 2012 Having spoken before in front of your commission about a very similar issue a number of years agoiand understanding the problems I recommend the following points be considered in your final determination: 1. How many employee$'does Island Fish Co. (1FC) have? 2. How many company vehicles does IFC.have? 3. How many and how lbig are the businesses dumpsters? 4. How much parking area serves other uses, fish totes? 5. Where will the service trucks park for deliveries? 6. Where does the outgoing trucks park? 7. How much parking is set aside for visitors, handicapped? 8. Others in the area need more parking. 9. How will your decisions affect other business in the area? 10. Are there alternative ?? Like purchase of adjacent Ursin site, or shuttle to other private, or public parking areas. We've all worked together ha the neighborhood over the years and sometimes we find some businesses growing beyond their boundaries. The Kodiak Brewery is an example and they have recently moved to a larger facility. As an ownee/landlord for 33 years I've tried to assist small business make it worthwhile to locate in Kodiak, and remember that I brought my entire life savings , in 1979, to Kodiak and invested in its future. While all businesses need to justify their existence with profit, it should not come at the expense of Other nearby owners and tenants. Thank you for giving the Napa Building owner and tenants an opportunity to voice their concerns. Sincerely, . James Owner/Manager Public Comment - Page 19 of 27 I-'ubIic hearing Item f -A - September 19, 2012 KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 (907) 486-9363 August 7, 2012 Public Hearing Item 7 -A PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, September 19, 2012. The meeting will begin at 6:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska, before the Kodiak Island Borough Planning and Zoning Commission, to hear comments if any, on the following request CASE: 13-006 APPLICANT: Island Fish Company, LLC/Pacific Seafood Kodiak AGENT: John Whiddon, General Manager REQUEST: A Variance, per KIBC 17.195, reducing the required off- strert parking from 22 spaces 10 spaces according to KIBC 17 ;175.040: LOCATION: 317 Shelikof Street ZONING: I- Industrial This notice is bring sent to you because the request. If you do not wish to testify to the Community Development Department. 1,.. LA: c u r, s i l i c ■ c t. in it ,: n i c i e n. our records indicate you are a property owner /interested party in the area of verbally, you may provide your comments in the space below or in a letter A ritten comments must be received bt 5 nm. September a , 2012 If you would l ke to fax your comments to us, our fax number is: (907) 486- If you would like to testify via telephone, please call in your 9396 or you may email them to ssmith(dkodiakak.us. comments during the appropriate public hearing section of the meeting. The local call -in telephone number is 486 -3231. One week prior to the regular meeting, on Wednesday, September 12, 2012, a work session will be held at 6:30 p.m. in the Kodiak Island Borough Conference Room ( #121), to review the packet material for the case. Kodiak Island Borough Code provides you with specific appeal rights if you disagree with the Commission's decision on this request. If you have any questions about the request or your appeal rights, please feel free to call us at 486-9363. Your Name: fy a +., Ild (' 1,,a./ 4 Mailing Address: /2 0. I ?[o,( jto 5 Your property description: A Oct r � pc_ 9$/--- comments: "14;_s w ; 11 n► a I-G 510.6 0 ' Ii, r�. 7 7;1;a9. Do,' h ff i . i e S s / y /15 crept. ljokraar 4- gull 13 aiv'ak,/i IS , / f__-=/ (7 Aci,c, G C /0v2 borL'a,,R11. rytrne9 "^u,f.{ovil D CEUVE r., J sEP - 4 2012 12 COMMUNITY nrVEI GRANT 9ERARTMENT Public Comment - Page 20 of 27 Hublic Hearing item I -A Z - September 19, 2012 KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 (907) 486 -9363 August 7, 2012 Public Hearing Item 7 -A PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, September 19, 2012. The meeting will begin at 6:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska, before the Kodiak Island Borough Planning and Zoning Commission, to hear comments if any, on the following request: CASE: 13 -006 APPLICANT: Island Fish Company, LLC/Pacific Seafood Kodiak AGENT: John Whiddon, General Manager REQUEST: A Variance, per KIBC 17.195, reducing the required off - street parking Dm 22 spaces W -10 spaces, according to -KIBC 17-1 75.040: LOCATION: 317 Shelikof Street ZONING: I- Industrial This notice is being sent to you because our records indicate you are a property ownedinterested party in the area of the request if you do not wish to testify verbally, you may provide your comments in the space below or in a letter to the Community Development Department. '\` ■ it1en comments must be mei:1% i i» um. ScptcnU;;:, • i. .. :� .. . -;:, _ II . _ ^_fission. If you would tike to fax your comments to us, our fax number is: (907) 486- 9396 or you may email them to ssmith(2)kodiakak.us. If you would like to testify via telephone, please call in your comments during the appropriate public hearing section of the meeting. The local call-in telephone number is 486 -3231. One week prior to the regular meeting, on Wednesday, September 12, 2012, a work session will be held at 6:30 p.m. in the Kodiak Island Borough Conference Room ( #121), to review the packet material for the case. Kodiak Island Borough Code provides you with specific appeal rights if you disagree with the Commission's decision on this request. If you have any questions about the request or your appeal rights, please feel free to call us at 486-9363. J ,' // Your Name: VP 1"1 t 1,4 ("AV Mailing Address: /e /A / s IfI.✓ Ot'D (5-9r Your property description: BL/171- 10/4 e ee sA // C- Li commenla: Pikk/,7 .4.1 ' 4a A- LA4e,- 11 PN4.,, X ,4-4 -e i rc c;Aif i s wj5et- Mod r3i1r7/4rv1.....;/1 ,4oda .rr -b 1/ 1d d ji---5 e (,.rt �ree 1 , /az 1i ,i✓ +71 it—e- .41 -i o - !/n✓ hAr -C1 -- i SCE / Du // A N 15 4-ke r iy ke/A/f Lj C.7" Gy 4 74-he _hi (AcersI tY nel/ . ail/e s i Jr* ry I C, Ai i re-t PS' co r p/tY 6 1..74,/e-/ crA,4 c ti cc P1/to re- rot - v 4/e 4,-, s' a n, D k Pf/4-40- 1 ipir Ne -la ii..1- . mil -r1C r, cv.-- 7 1^-G !4 ki. 4C.?. S 5 (- ,cps. -- S (n �l /tY- 4,4 v/ r % / 4,/i�•e�-ty e (d . Q ►SIC t1Siec 4 L --- 'CEP -42012 CUmmUNITY DEVELOPMENT DEPARTMENT Public Comment - Page 21 of 27 . • ,. ' Put _Hearing Item 7-A P&Z - September 19, 2012 . i.. . ' . " KODIAK ISLAINTD BOROUGH' ' . tOMMITNITVDEVELOPMENT DEPARTMENT • • .. ....,“ ..::,. • .... .:to Mill Bay Ite]iact, Kodiak, Akska 99615, " .:. .... '. • : , ,, (907),486-9363 ..Ansuit 7;2012 • ' Public ileatineieinl-A ' ' "." ..... PUBLIC ARINIGNOTICE ..... . , . .. .• ..,.. A public hearing will be held"on Wednesday;'September 194012:The. fleting will begin at 6:30..pa- Wale Borough Assembly Chambers, 710 Mill Eay Road, Kodiak, 'Mat', before the Kodiak Island Borough• Planning and Zoning Commission, to hear comments if any, on the following request: . CASE .13-006 AXPLICANT: IslandFisli COmpany, LLC/Pacific Seafood Kodiak AGENT: John. Whiddlit, GettexarMitnager REQUEST: A Variance, per ICIBC 17.10.5, reducing the required off-street parking fr_om LOCATION: 317 •ShelikorStreet ZONING: This ncicc is beilig scut to you •because Our fecord.s indicate you area pripbxtyownerrtrnested party hthe the rvqust 11 you do not .svislyto testify yedsally;Youielyprovide.Yeur commeets in the space below or in a letter to the CoMmunityDayelopmentPeortineni.Vritten coroments must he recchaIlsv 5 not. Sentember 4. 2012 to be Considered by the Commtniniklf you Urouldlike to fax your cornmeilataus; pm- fax number is (907) 406:: 9396 or you May email than to ssmith@k:bdialialcas. If you would like to teStifiYht telephone, please call in your . comments during the appropriate pnlille peeing sedion.ofthe ineedog..TbiloS, well-in telephone number is 486,3231. . • • • •. • a wee< prior to the regular meeting, orliSdnesdai„Sepieinber 12, 2012; a work session will beheld at 6f.30 p.M. 'n ibe Ifodisk Island Borough Confeuffice;Itnnu0121), to telviewrhiPaeltet retail-idler the ease. ' '' - ' - Coloraission's Kodlak Island Borough Code provides:. „lights if you di:air-dm with the declsien an this request If you haveyey , ‘ er )Sithreppeal eights, -please feel free to Cell us at486-9363. ' . . Vag Nirge Midi A lIM/Mt . ' ,: Main AddItta: . / .9 a ;54:444,10 te . ". . . Your properly description: .572 5# 4:21;t0"; Si4'YS ' ' t�inna : rhe/S P:4-1/ A-A/ et es' Alex/Co • A4 1.- Zit .4-11ekent9 .A-.6 Tr ad'ouLn Ay- S/44.4-J_ sr:44 .),/ 0.4e Se" A - nter-47— • . _At.:fice--- filogiSea- es, t:CZ-ZS: fir "77ieZC.c-77-JH-r 17FX;i:717, ' MAP' . ,.. ., .. . se,44a3 A g Ake d 4 Azitva Anr-ii A.4-4-1-4_ A44%0 cos tag A 4-: hot 7W 4R,7,-4-,14 BelS/4/1 ' /A44-72-- 4177, - JflAtt .•• 6;oi ,,bLiPidoizzA-• •is,..- 7Aft•-,.....-eAc: • . • .ifstist.:5-040--, , : Am r gt---11EW41.C.4..-P "4/4,55 41-1.7-144.<4-. /14719-41C/It/6-- ..):%. A4491/Mg4. /44147,411a.. ,5,- 4.14.,,49/..fi-AZ 5 '.. , ., . . . iiriodii de.- 200'4144 4r 41.5 4W OAP ii'ef?ev. • .. .- • .. , • • . • • . . • .. ..... . .. .. . . . , r eire„,17 - ruoiic Uomment - Hage 22 Ot 2/ I- uDIIc hearing Item (-A Z - September 19, 2012 KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 (907) 486 -9363 August 7, 2012 Public Hearing Item 7 -A PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, September 19, 2012. The meeting will begin at 6:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska, before the Kodiak Island Borough Planning and Zoning Commission, to hear comments if any, on the following request: CASE: 13 -006 APPLICANT: Island Fish Company, LLC/Pacific Seafood Kodiak AGENT: John Whiddon, General Manager REQUEST: A Variance, per KIBC 17.195, reducing the required off-street parking Dm 22 spaces t� -10 spaces, according to -K1BC 17:175.040: LOCATION: 317 Shelt3cof Street ZONING: I- Industrial This notice is being sent to you because our records indicate you are a property owner/interested party in the area of the request if you do not wish to testify verbally, you may provide your comments in the space below or in a letter to the Community Development Department. NA ritten comments must be received bv 5 nut. September • . 10 ,. i. . ; i , D, ,, i , r . If you would like to fax your comments to us, our fax number is (907) 486- 9396 or you may email them to ssmithakodiakak.us. If you would like to testify via telephone, please call in your comments during the appropriate public hearing section of the meeting. The local ca 1-in telephone number is 486 -3231. One week prior to the regular meeting, on Wednesday, September 12, 2012, a work session will be held at 6:30 p.m. in the Kodiak Island Borough Conference Room ( #121), to review the packet material for the case. Kodiak Island Borough Code provides you with specific appeal rights if you disagree with the Commission's decision on this request If you have any questions about the request or your appeal rights, please feel free to call us at 486 - 9363.^ Your Tame: A �'NO)' ,C�,N.r) 6/`1 Mailing Address: ?.?� e f 71/ 'L I) oT ST Your property description: A/47- , ('}.<.1- TE(/^,.-tey Comments: 1-f5A7' /fir4; "Y4427/10Y T4 r' /7A✓V/ ig-QcveL,.Fr`(lf. 0 4t) . . f 7 - , ' � z,-) 4,o r s r hyj T),/ "4 R k i 1/4 . 714 I J 14/04.4.0 a ,,v' L)' / L - rD 7,2 / Fs L) 02 -!1/1 Z.410154 Nrifigil ECEVE .11 SEP -42012 COMMUNITY DEVELOPMENT DEPARTMENT Public Comment - Page 23 of 27 ,)jC_ NUblic Hearing Item f -A C 573 g 36 '_ - September 19, 2012 KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 (907) 486 -9363 August 7, 2012 Public Hearing Item 7 -A PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, September 19, 2012. The meeting will begin at 6:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska, before the Kodiak Island Borough Planning and Zoning Commission, to hear comments if any, on the following request: CASE: APPLICANT: AGENT: REQUEST: LOCATION: ZONING: 13-006 Island Fish Company, LLC/Pacific Seafood Kodiak John Whiddon, General Manager A Variance, per KIBC 17.195, reducing the required off-street parking ,ft m, 22 spaces IQ 10 spaces; according to -KIBC 17;475.040: 317 Shelikof Street I- Industrial This notice is being sent to you because our records indicate you are a property owner/iinterestcd party in the area of the request If you do not, wish to testify verbally, you may provide your comments in the space below or in a letter to the Community Development Department. W ritien comments must be received by 5 pm. September 4. 2012 t ov can :;:.ic, , .. ' --=' - =yil�1 ;i,sior_ If you would like to f oc your comments to us, our fax number is: (907) 486- 9396 or you may email them to ssmith(iikodiakak.us. If you would like to testify via telephone, please call in your comments during the appropriate public hearing section of the meeting. The Local call -in telephone number is 486 -3231. One week prior to the regular meeting, on Wednesday, September 12, 2012, a work session will be held at 6:30 p.m. in the Kodiak Island Borough Conference Room ( #121), to review the packet material for the case. Kodiak Island Borough Code provides you with specific appeal rights if you disagree with the Commission's decision on this request If you have any questions about the request or your appeal rights, please feel free to call us at4$6- 9363( 31g ,.vASJ Mr. Year Name: 1v eel- 1A.4\1 Mailing Address: `J sh 4 KAl !A K / Your property description: COMIDe•ts: We ,s-tat i dove r\ fA► \. , +% use 01/4.)k .servtr eo �e . ti3e- ,z,ee�, 4. f\ cc' S 'to -o ; rr elis,ce tYv G eo fvS4 D CUMMUNiiY DE11Et4YM[Pl1 DCPARTMENS ubiic Comment - I'age 14 o NubIic Hearing Item I -A Z - September 19, 2012 KODIAK ISLAND BOROUGH COMMUNTTY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 (907) 486-9363 August 7, 2012 Public Hearing Item 7 -A PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, September 19, 2012. The meeting will begin at 6:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska, before the Kodiak Island Borough Planning and Zoning Commission, to hear comments if any, on the following request: CASE: 13-006 APPLICANT: Island Fish Company, LLC/Pacific Seafood Kodiak AGENT: John Whiddon, General Manager REQUEST: A Variance, per KIBC 17.195, reducing the required off - street parking ,m 22 spaces W -•10 spaces, ac ording to -KIBC 17.175.040. - LOCATION: 317 Shelilcof Street ZONING: 1- Industrial This notice is being sent to you because our records indicate you are a property owner /interested party in the area of the request. If you do not wish to testify verbally, you may provide your comments in the space below or in a letter to the Community Development Department. i\ ritten comments must he received bti 5 pm, September 4 . 71117 to be considered by the commission. Ifyou would like to fax your comments to us, our fax number is: (907) 486- 9396 or you may email them to ssmith(d kodiakak.us. If you would like to testify via telephone, please call in your comments during the appropriate public hearing section of the meeting. The local call -in telephone number is 486-3231. One week prior to the regular meeting, on Wednesday, September 12, 2012, a work session will be held at 6:30 p.m. in the Kodiak Island Borough Conference Room ( #121), to review the packet material for the case. Kodiak Island Borough Code provides you with specific appeal rights if you disagree with the Commission's decision on this request If you have any questions about the request or your appeal rights, please feel free to call us at 486 -9363. p / Your Name: 4�/ �S�✓f9 -tL Mailing Address: 5�/0 cssf 5-4. �Le S-7—. Your property description: .4/- .4-4,149 j4/Z).1-.51/4/Z c4 cen- %4"P-V Comments: '174- f7,L -A.:Zi !JN ✓C/%L,i-o S.77 /,/ >y z7e-cb m er- //-e/2 errs,1 ' / 2/ / csi C� �.c .�oG.¢ -C �3ua m-e--51 /�.41Pe. . -Eitt GS' S )' d-il lsTDnzEri -5 - /D 3 4 - -D - �/i .ZSI,tz.,,a ovvs /,, , c �Ses ot,-r �,5 , -r-: o,..i v S .q- / ./4.) T�/e Y9, -- ,r��41, .4R-a- PhD �xc-/,-.5 .q,�,, / 1 ®71 /ewe 6Gi,t! L�/ItP�OyrCr.s J -' iaxha-,k tl�S e+^ Ld/i1.�.2Cr • / '/ /! c-itb C fI0 i, 7.4 -m %, - i - 5 h/ a i 77,7 • M /l/L- 07-Welt .2-0G.9- L �t/�',we-AS O.✓ ,/-, e� 57404' ?7". "-q ECZnLE ...\ f SEP -42012 JJ CQ',�f' v UNI1Y (IFVFLIIPMFNT r1VPARTMFNT Public Comment - Page 25 of 27 Pubic Hearing item (-A - September 19, 2012 Comments Recieved after Deadline Public Comment - Page 26 of 27 runuc Hearing �te� 09i05i2012 07:58 FAX Canon Z - September �� ,o of MK Enterprises, LLC P.O. Box 2338 Kodiak, AK 99615 Sept. 3, 2012 To: Community Development Dept. Case : 13 -006 Fax 907 -486 -5553 Phone 107- 486 -5538 As a property owner with in the Public Hearing Notice area we are in favor of granting the variance request for several reasons; the issue of parking on Shelikof St. is less of an issue then 5 -10 years ago. We had grandfathered most canneries and businesses on the off street parking issue in the 80's, the only thing added to increase parking has been the addition of water front parking on the north side of the harbor ramp. As for canneries their employees either car pool, walk, ride bikes or take cabs and I feel they have minimized the impact on parking almost single handedly when you take into account there's probably 4 -600 active cannery workers at any given day along Shelikof. We have businesses which have no off street parking available to them as their building foot print takes up their entire lot, but there grandfathered and a possible parking problem becomes the burden of the few property owners which have room for economic expansion which increases our tax base. I feel we should be allowing the majority of parking to be considered on street for all the businesses along Shelikof St. and if you really look at it, it already is and if it is a problem it is taking care of itself. Again lets work with the remaining property owners which have the ability for expansion because they are in the minority and it is in the best interest of all. Sincerely Kevin Arndt MK Enterprises, LLC PIE ©[EDNE' SEP - 5 2012 J COMMUNITY DEVELOPMENT DEPARTMENT Public Comment - Page 27 of 27 Public Fieanng item (-A - September 19, 2012 MEMORANDUM DATE: September 8, 2012 TO: Planning and Zoning Commission FROM: Duane Dvorak, Acting Director, Community Development Department SUBJECT: Information for the September 19, 2012 Regular Meeting CASE: 13 -006 APPLICANT: Island Fish Co., LLC / Pacific Seafood Kodiak AGENT: John Whiddon, General Manager REQUEST: A Variance, per KIBC 17.195, reducing the required off- street parking from 22 spaces to 10 spaces according to KIBC 17.175.040. LOCATION: City Tideland Tracts N29 -B and N26 -B; 317 Shelikof Street ZONING: I- Industrial Forty -two (42) public hearing notices were distributed on August 12, 2012. Date of site visit: September 8, 2012 1. Zoning History: City Tideland Tract 26 -B and Tract 29 -B This area is identified as Industrial use sin KIB Comprehensive Plan was adopted. 2. Location: Physical: Legal: before the 1968 317 Shelikof Street City Tideland Tract 26 -B and 29 -B 3. Lot Size: Both City Tideland Tracts —1.4 acres total 4. Existing Land Use: Seafdod Processing plant (including incidental retail) 5. Surrounding Land Use and Zoning: North: Lots 17, 18 and 20A, Block 3, New Kodiak Subdivision Use: Business Zoning: B- Business Staff Report - Page 1 of 11 I- 'uoiic Hearing item f -A 7- September 19, 2012 South: City Tidelands Use: Vessel tie up, maneuvering Zoning: N/A East: St Herman's Harbor and breakwater Use: Breakwater and Boat Harbor Uplands Zoning: PL- Public Use Land (uplands only) West: Tr. N -29A Use: Processing Plant/ Dock/Warehouse (currently vacant) Zoning: I- Industrial 6. Comprehensive Plan: The 2008 KIB Comprehensive Plan Update depicts this area for Industrial (south side of Shelikof St.) 7. Applicable Regulations: The following sections. of Title 17 (Zoning) of the Borough Code and the Kodiak island Borough Coastal Management Program are applicable to this request: 17.175.040 OFF - STREET PARKING — NUMBER OF SPACES REQUIRED. Industrial or Manufacturing Establishments —1 per 700 square feet of gross floor area Chapter 17.195 VARIANCES 17.195.010 AUTHORITY AND PURPOSE. The commission shall review and act upon applications for variances. Variances are provided for by this chapter for the purpose of relaxing zoning district requirements in special circumstances. 17.195.020 APPLICATION. An application for a variance may be filed by a property owner or his authorized agent. The application shall be made on a form provided by the community development department and accompanied by the required fee and site plan. All applications shall be available for public inspection. 17.195.030 INVESTIGATION. An investigation of the variance request shall be made and a written report provided to the commission by the community development department. The findings required to be made by the commission shall be specifically addressed in the report. Staff Report - Page 2 of 11 VubIIc hearing Item ( -A Z - September 19, 2012 17.195.040 PUBLIC HEARING AND NOTICE. The commission shall hold a public hearing on each properly submitted application for a variance within 50 working days after the date of the next available meeting agenda deadline. The applicant shall be notified of the date of such hearing. The community development department shall send to each owner of property within a minimum distance of 300 feet of the exterior boundary of the lot or parcel of and described in the application, notice of the time and place of the public hearing, a description of the property involved, its street address, and the action requested by the applicant. For the purposes of this chapter, "property owner" means that land owner shown on the latest tax assessment roll. Notice shall also be provided in accordance with state law by legal publication in local newspapers. 17.195.050 APPROVAL OR DENIAL. Within 40 days after the filing of an application, the commission shall render its decision, unless such time limit has been extended by common consent and agreement of the applicant and the commission. A. Approval. If it is the finding of the commission, after consideration of the investigator's report and receipt of testimony at the public hearing, that the use proposed in the application, or under appropriate conditions or restrictions, meets all of the following, the variance shall be granted: 1. That there are exceptional physical circumstances or conditions applicable to the property or to its intended use or development which do not apply generally to other properties in the same land use district; 2. That the strict application of the provisions of this title would result in practical difficulties or unnecessary hardship; 3. That the granting of the variance will not result in material damage or prejudice to other properties in the vicinity nor be detrimental to the public's health, safety or general welfare; 4. That the granting of the variance will not be contrary to the objectives of the comprehensive plan; 5. That actions of the applicant did not cause special conditions or financial hardship or inconvenience from which relief is being sought by a variance; and 6. That granting the variance will not permit a prohibited land use in the district involved. B. Denial. If the commission finds, after consideration of the investigator's report and receipt of testimony at the public hearing, that it cannot make all of the required findings in subsection A of this section it shall deny the variance. 17.195.060 CONDITIONS. The commission, in granting the variance, may establish conditions under which a lot or parcel of land may be used or a building constructed or altered; make requirements as to architecture, height of building or structure, open spaces or parking areas; require conditions of operations of an enterprise; or make any other conditions, requirements or safeguards that it may consider necessary to prevent damage or prejudice to adjacent properties or detrimental to the borough. When necessary, the commission may require guarantees in such form as deemed proper under the circumstances to ensure that the conditions designated will be complied with. Staff Report - Page 3 of 11 Public Hearing item I -A ' ,Z - September 19, 2012 17.195.070 EFFECTIVE DATE. The decision of the commission to approve or deny a variance shall become final and effective 10 days following such decision. 17.195.080 CANCELLATION. Failure to utilize an approved variance within 12 months after its effective date shall cause its cancellation. 17.195.090 APPEALS. An appeal of the commission's decision to grant or deny a variance may be taken by any person or party aggrieved. Such appeal shall be taken within 10 days of the date of the commission's decision by filing with the board of adjustment through the city or borough clerk a written notice of appeal specifying the grounds thereof. 17.195.100 STAY PENDING APPEAL. An appeal from a decision granting a variance stays the decision appealed from until there is a final decision on the appeal. COMMENTS INTRODUCTION This case has been submitted as the result of a protracted code enforcement proceeding against the subject property. The use of the property has evolved over the years from seasonal custom seafood processing and retail operation to an industrial scale seafood processing plant. As a result of these changes over time, the activity level and storage needs on the site have pushed a great deal of the previously available off-street parking located on the site to on- street parking. In particular, the increase of shift worker parking by those employed on the subject property has contributed to the difficulty of other workers and patrons of the area to find adequate on- street parking in the area. In addition, it has been reported that the reconfiguration of the site with vans in a "loading berth" configuration oriented towards Shelikof Street has further reduced available on- street parking by at least a couple of parking spaces, although staff believes that this loss of public parking falls outside the scope of the variance request and is a matter under the jurisdiction of the City of Kodiak. In fact, the regulation and management of all on- street parking in the City of Kodiak is not regulated by the parking provisions of KIBC Title 17 zoning and does not in any way contribute towards compliance with applicable off- street parking standards. The petitioner has requested to reduce the number of required off- street parking spaces on the site from 22 down to 10. While no site plan /parking plan was submitted with the application, staff observes from the narrative submitted that the 10 spaces resulting from the variance as requested would be equally divided between the existing five (5) loading spaces (typically occupied by shipping containers) and five (5) standard off- street parking spaces (at 9 by 18 feet in size) located at the front of the property. In order to visualize what this might look like, staff has included a copy of Zoning Compliance Permit (ZCP) CZ2012 -79 in that appendix to this case packet. Staff Report - Page 4 of 11 Nubiic Neanng Item / -A - September 19, 2012 Staff has made a several observations from the site plan accepted as part of ZCP CZ2012 -79. First, the site plan only appears to address the number of off- street parking spaces based on a floor area calculation of 14,180 square feet. This worked out to 20.26 off- street parking spaces at one (1) off - street parking space per every 700 square feet. This was rounded up to 21 off - street parking spaces on the permit, however the parking plan shows 22 spaces. It appears then that the variance application was in some sense taken from the parking plan but for the purposes of the variance review staff will consider that the calculated number of REQUIRED off - street parking spaces is 21. Second, the site plan /parking plan submitted for ZCP CZ2012 -79 shows a single driveway cut for access to the site of indeterminate width, but presumably adequate for two way traffic at a minimum width of 24 feet. KIBC 17.175.080.F.1 establishes a maximum driveway width of 32 feet. At the time of conducting the site visit staff observed that the actual driveway width is actually much wider than indicated on the site plan /parking plan. This is due to the modification of the curb and cutter area in front of the van loading spaces designated on the plan. This was apparently permitted by the City of Kodiak public works without any revision to the approved parking plan as shown in ZCP CZ2012 -79. This appears to be another code compliance issue for which a variance may be required in order to achieve relief from parking code compliance. Third, staff notes that the Handicapped - Accessible Parking standards under KIBC 17.175.080.I.1.a would appear to indicate that no (0) accessible spaces are required for parking areas requiring between 1 and 25 off- street parking spaces. As indicated by a note however is a reminder that this provision deviates from the Americans with Disabilities Act (ADA) which requires at least one van accessible off - street parking spaces for all businesses that are required to provide off - street parking generally. Parking Calculations for other Industrial Uses along the Waterfront The petitioner has indicated in the application submittal that other seafood processing plants have benefitted from parking variances over the years. Staff does not typically focus on other properties or uses when considering a variance request. Variances are not intended to be a comparative analysis between one property and another, or many. Staff considers that the "exceptional physical circumstances or conditions applicable to the property or its intended use or development that do not apply generally to other properties in the same land use district ", as limiting the scope of review to the activities and uses existing or proposed on the subject property only. Staff similarly does not consider other variances approved by the commission, whether they were limited by conditions approval or not, to establish a precedent that must be observed in other similar cases. Staff considers that each case is taken on its own merits, turns on its own facts and circumstances, and in many cases may be based on different code standards applied over the years. Prior to 1991, industrial parking requirements were based upon the following standard: Prior KIBC 17.57.020.A.1.j... "Industrial or manufacturing establishment: one parking space for each three employees during the maximum employee shift and one space for each company vehicle." Staff Report - Page 5 of 11 Public Hearing Item ( -A Z - September 19, 2012 After 1991, there were a number of parking calculations for seafood processing plants that were based on an interpretation of the code that broke down the entire operation into if constituent components such as Office, Retail, Processing (Industrial) and Warehouse. This involved a complicated calculation based on floor area diagrams in addition to the requisite parking plan. In addition, these floor plans were quite often subject to change over time as the processing plants evolved to match the needs of the industry. After about 2001, staff began employing the Industrial parking calculation oft off- street parking space per every 700 square feet of industrial floor area on the basis that it provided a simple calculation that takes into account the variations of floor area allocations that are typically associated with seafood processing plants. If a plant has leased floor area to another entity or for another use that would a different matter; but the reality is that all industrial uses have a certain amount of office space, warehouse and in some cases incidental retail, in addition to the actual floor space devoted to seafood processing. Prior Variance Case 11-011 The legal concept of "res judicata" indicates that a matter once decided cannot be requested a second time. In accepting the application for this parking variance staff was cognizant of res judicata, however staff felt that the circumstances of this request were sufficiently differentiated from the request in Case 11 -011 as to constitute a new (different) request. Case 11 -011 was advertised as a variance to reduce required off - street parking from 17 to 10 spaces and to allow two additional parking spaces to be located on another lot with 600 feet. It was during the review of Case 11 -011 that staff became aware of an additional 5,000 square feet of floor area on a second level of the processing plant that had not been accounted for in prior zoning compliance permits. In addition, the parking plan review did not provide any credit for off - street parking represented by the loading spaces, which was an interpretation of the code that has been applied in other seafood processing and commercial parking calculations. Subsequent review of the parking plan by staff during the prior case resulted in a negative recommendation based on a staff analysis that demonstrated a compliant parking plan that was substantially different from the parking plan that was originally tendered by the applicant and upon which relief was requested at that time. The parking plan approved by ZCP CZ2012 -79 is based upon this updated information that was revealed during Variance.Case 11 -011 and as a result the variance is not just about the numbers of parking spaces but also about the layout and configuration of those spaces as indicated on the most recent zoning compliance permit. Staff has provided a copy of the definition of res judicata from Black's Law Dictionary in the appendix of this report for commission review. The commission or other entities on appeal can decide for themselves whether the current zoning variance request should be barred by res judicata. Based on the definition, it is not clear to staff whether the commissions quasi- judicial decision in Case 11 -011 constitutes a "judgment rendered Report - Page 6 of 11 Hub pc Hearing item / -A ( Z - September 19, 2012 by a court of competent jurisdiction" or whether staff is sufficiently qualified or authorized by code to make this decision on behalf of the commission to bar a case on the basis of res judicata, or other concepts of law that are not referenced in borough code. Staff therefore is presenting this case as a new (different) case and is providing an analysis based on the standards for variance as provided in KIBC 17.175. FLEXIBILITY OF PLANTS There is a need to recognize that seafood processing plants are flexible in the nature. They are at the whim of the market and marine resource quantity and must respond to a change in either. The type of processing equipment evolves. Some processing plants have gone from canning lines for salmon, crab and shrimp, and from shrimp peelers to modern fish fillet machines. Those changes have required massive changes to the interior layout of processing plants. Facilities have to be able to expand and contract with the market and resource. There is a need for this flexibility in the facility. But our parking standard has changed little in the last 20 years or more. VARIANCE STANDARDS In reviewing a variance request the Commission must find that all six (6) standards of a variance are met. Those standards are: 1. There exist exceptional physical circumstances or conditions applicable to the property or intended use of development, which generally do not apply to other properties in the same land use district. 2. Strict application of the zoning ordinances would result in practical difficulties or unnecessary hardships. 3. The granting of the variance will not result in material damages or prejudice to other properties in the vicinity nor be detrimental to the public's health, safety and welfare. 4. The granting of the variance will not be contrary to the objectives of the Comprehensive Plan. 5. That actions of the applicant did not cause special conditions or financial hardship from which relief is being sought by the variance 6. That the granting of the variance will not permit a prohibited land use in the district involved. The purpose of the variance process intended to allow the development of a reasonable use on lands which may be otherwise disadvantaged due to the physical circumstance of the lot(s) in question. Ultimately it is the Commissions prerogative to determine what "reasonable" development entails, however from the staff perspective in developing variance recommendations, accessory buildings and garage additions are generally considered to be less of an essential need in the context of variance requests. Staff would also note that parking variances are difficult to reconcile with the variance standards because parking is typically a matter over which the land owner has control. When a property owner indicates that their business has outgrown the site they occupy and they wish to convert off- street parking area to a use or structure variance standard number five (5) is usually called into question. Development or growth of a use which typically increases the parking requirement at the same time reducing available parking Staff Report - Page 7 of 11 Public hearing item f -A Z - September 19, 2012 is hard not to consider as an action of the applicant from which relief is being sought by variance. Existing off- street parking that is displaced from a site will reduce the pool of available on- street parking and the Shelikof Street area is known for its limited availability of parking, both on-Street and off - street. In the I- Industrial zoning district, where there are no setbacks for waterfront industry and where the maximum building height is unlimited, parking is the only limitation on development. The commission should consider carefully whether the grant of a variance is the only solution to provide relief for a disadvantaged site or whether there are other conforming alternatives that due to cost or other consideration are being disregarded in favor of proposed variance. RECOMMENDATION Staff does not find that all six (6) standards for variance to reduce the parking on City Tideland Tracts N26B and N29B are met by this request and recommends that the commission deny the requested variance to reduce the parking requirement from 21 off - street parking spaces to 10 off- street parking spaces, five (5) of which would be loading berths. APPROPRIATE MOTIONS Should the Commission agree with the staff recommendation, the appropriate motions are: Motions Move to grant a variance, according to KIBC 17:195, to allow a reduction in the number of required off - street parking spaces on City Tideland Tracts N26B and N296 from 21 to 10, in support of a seafood processing (industrial) land use per KIBC 17.175.040. Staff recommends that this motion be denied and the following motion approved: Move to adopt the findings contained in the staff report dated September 8, 2012 as "Findings of Fact" supporting the DENIAL of this request. FINDINGS OF FACT 17.66.050 A.1. Exceptional physical circumstances or conditions applicable to the property or intended use of development, which generally do not apply to other properties in the same land use district. Tracts N29 -B and N26 -B are typical for waterfront lots located along this stretch of Shelikof Street. Together they are rectangular in shape and measure about 1.4 acres total. The tracts, taken together or separately, exceed the minimum lot Staff Report - Page 8 of 11 Public Nearing item / -H Th? - September 19, 2012 area of 20,000 square feet and lot width of 75 feet that is required for the !- Industrial zoning district. If there is something atypical, it is that the two tracts have been developed with the bulk of building development on tract N29B and Tract N26B has historically provided the parking and maneuvering to support the use on Tract N29B. The more recent use of Tract N26B for outdoor storage, loading berths and other related activities has largely displaced the availability of parking and maneuvering on this tract. The decision by the land owner to displace employee and customer parking in this way however does not rise to the level of an exceptional physical circumstance or condition that would justify the granting of a variance. Historically, the site has been able to .provide ample off - street parking, in compliance with the parking code without the need for variances or satellite parking arrangements. As noted in the petitioner's application however, it is the increased intensity of the current use for seafood, processing and the changes that occur to that industry periodically which has driven the need to maximize the use of the site for seafood processing. The petitioner has not clearly identified exceptional physical circumstances or conditions applicable to City Tidelands Tract N26B and N29B or the intended use of development on same which do not generally apply to other properties in the same land use district. 17.66.050 A.2. Strict application of the zoning ordinances would result in practical difficulties or unnecessary hardships. According to the petitioner, strict application of the parking ordinance would limit the ability of the site to remain competitive with other seafood processing uses in the area. As noted by staff the community has typically recognized the changes to the fishing industry and the limited locations for such uses to occur as justification for some case -by -case relief from parking requirements in the past. That said, suggestions that the parking calculation for seafood processing plants in general needs revision does not justify the grant of a variance. Revision or amendment of zoning codes is a legislative prerogative of the community whereas the request of a variance, as in this case, is a quasi - judicial request to consider individual property rights of a single landowner. There is substantial area on the site which is sufficiently devoid of building development so as to accommodate the required off - street parking. It is only because this area is being used for outdoor storage and industrial activities that the petitioner is unable to provide the parking required by the code. The petitioner has not indicated why at least some of the outdoor storage and equipment could not be relocated to another location off -site Staff Report - Page 9 of 11 Hublic Hearing Item / -A ;Z- September 19, 2012 It should also be noted that a considerable portion of the waterfront industrial area was originally developed long before the advent of modern parking requirements. Community growth has resulted in a largely "auto- dependent" lifestyle for many residents. The relief requested in this case therefore cannot be based solely on an appeal for equity with other waterfront industrial sites which might look much different if they also were just getting started with development under the current community parking standards. 17.66.050 A.3. The granting of the variance will not result in material damages or preiudice to other properties in the vicinity nor be detrimental to the public's health, safety and welfare. While Variance Standard #1 references a comparison of "physical circumstances" with other lots in the same zoning district, Standard #3 is pertinent to all properties in the vicinity of the subject parcel(s) regardless of zoning or use. In this regard, it must be recognized that there is a substantial lack of parking in the overall area. Many of the business establishments across Shelikof Street are themselves nonconforming due to changing code standards or have themselves been recipients of relief by variance on a case -by -case basis. As a result there are already many nonconforming uses on both sides of the street which are not providing all of the parking required for those uses in this day of auto dependency. While the petitioner has based a substantial argument for the grant of a parking variance on issues of equity with other industrial properties on the waterfront, it is not justifiable to grant equity with other industrial properties at the expense of business properties in the area. Business properties also have workforce parking needs but in many cases also require a certain amount of parking turnover for customer access. This is much different from parking characteristics of seafood processing which typically relies on long shifts and large numbers of employees on site during peak processing times. While the petitioner has indicated that they encourage carpooling and walking to work, there is no evidence presented on the record to say how effective this encouragement is at reducing the number of employees who need to park in the vicinity of Tract N26B and N29B. In addition, the grant of the variance will run with the land in perpetuity and will create an additional burden on for the city to regulate and manage in the Shelikof Street right -of -way. It is prudent therefore to work with property owners to ensure the maximum number of required off- street parking spaces are maintained in the area even if this requires giving the site owner some control and flexibility in the location and layout of the parking plan so long as the minimum parking standards of the code are met. Staff Report - Page 10 of 11 t'uDIrc Hearing Item I -A ? - September 19, 2012 17.66.050 A.4. The granting of the variance will not be contrary to the objectives of the Comprehensive Plan. The grant of a variance would not be contrary or detrimental to the objectives of the Comprehensive Plan with regard to its support for seafood processing uses. The grant of such relief however, should not come at the expense of other general commercial uses in the area, which are similarly encouraged to succeed by comprehensive plan goals and objectives. 17.66.050 A.5. That actions of the applicant did not cause special conditions or financial hardship from which relief is being sought by the variance. The actions of the applicant have caused the special conditions from which relief is being sought by variance. As noted in the staff analysis some of this need may be due to the nature of the industry itself, but it is difficult to assign a value to these structural changes to the industry versus the responsibility of the land owner to control and manage the site layout and utilization. In both Zoning Compliance Permit CZ2012 -79 and prior Variance Case 11 -011 it was demonstrated that there is adequate room for off- street parking to be provided on site if some of the storage on -site could be moved to an alternate location off-site. The actions of the applicant, contrary to the provisions of the approved zoning compliance permit, have resulted in complaints, enforcement action by the borough, and ultimately this variance request. Had the petitioner maintained the site in compliance with approved permits prior to making this request this condition might have otherwise been met. 17.66.050 A.6. That the granting of the variance will not permit a prohibited land use in the district involved. This request is to allow a variance from parking requirements and the grant of such a variance would not permit a prohibited land use in the district involved. Staff Report - Page 11 of 11 RES Res judicata /riyz juwelakeyda /. A matter adjudged; a thing judicially acted upon or decided; a thing or matter settled by judgment. Rule that a final judg- ment rendered by a court of competent jurisdiction on the merits is conclusive as to the rights of the parties and their privies, and, as to them, constitutes an absolute bar to a subsequent action involving the same claim, demand or cause of action. Matchett v. Rose, 36 111.App.3d 638, 344 N.E.2d 770, 779. And to be applicable, requires identity in thing sued for as well as identity of cause of action, of persons and parties to action, and of quality in persons for or against whom claim is made. The sum and sub- stance of the whole rule is that a matter once judicial- ly decided is finally decided. Massie v. Paul, 263 Ky. 183, 92 S.W.2d 11, 14. See also Res adjudicata, supra; and, Collateral estoppel doctrine; Final decision rule; Issue preclusion. Estoppel and res judicata distinguished, pel• Res litigiosx /riyz latijiyowsay /. In Roman law, things which are in litigation; property or rights which constitute the subject- matter of a pending ac- tion. see Estop- Res mancipi /riyz maen(t)sapay /. See Mancipi res. Res mobiles /riyz mowbaliyz /. In the civil law, mov- able things; things which may be transported from one place to another, without injury to their sub- stance and form. Things corresponding with the chattels personal of the common law. Res nova /riyz nowva /. A new matter; a new case; a question not before decided. Res nullius /riyz nalayas /. The property of nobody. A thing which has no owner, either because a former owner has finally abandoned it, or because it has never been appropriated by any person, or because (in the Roman law) it is not susceptible of private ownership. Res periit domino /riyz pehriyat domanow /. A phrase used to express that, when a thing is lost or destroyed, it is lost to the person who was the owner of it at the time. Res privatx /riyz praveydiy /. In the civil law, things the property of one or more individuals. Res publics- /riyz pbl2siy/. Things belonging to the public; public property; such as the sea, navigable rivers, highways, etc. Res quotidian /riyz kwowtidiyeyniy /. Every -day matters; familiar points or questions. Res religiosx /riyz ralijiyowsiy /. Things pertaining to religion. In Roman law, especially, burial - places, which were regarded as sacred, and could not be the subjects of commerce. Res universitatis /riyz yuwnavarsateydas /. In the civ- il law, things belonging to a community (as, to a municipality), the use and enjoyment of which, ac- cording to their proper purpose, is free to every member of the community, but which cannot be ap- propriated to the exclusive use of any individual; such as the public buildings, streets, etc. Res accendent lumina rebus /riyz aksendant I(y)uwmana riybas/. One thing throws light upon others. Public Hearing Item 7 -A P &Z - September 19, 2012 1174 Res accessoria sequitur rem principalem /riyz ti:k- sasor(i)ya sekwadar prin(t)sapeylam /. The accessory follows the principal. Resale. Exists where a person who has sold goods or other property to a purchaser sells them again to someone else. Sometimes a vendor reserves the right of reselling if the purchaser comrnits default in payment of the purchase money, and in some cases (e.g., on a sale of perishable articles) the vendor may do so without having reserved the right. U.C.C. § 2 -706 provides the conditions under which a seller has a right of resale on breach by the buyer of the sales contract. Term may also refer to act of retailer who purchas- es goods from manufacturer or wholesaler for pur- pose of selling such goods in normal course of busi- ness. See also Retail; Retailer. Resale price maintenance. An agreement between a manufacturer and retailer that the latter should not resell below a specified minimum price. Until 1976, federal statutes exempted such state - permitted agree- ments from antitrust actions. Resceit /rasiyt /. In old English practice, an admission or receiving a third person to plead his right in a cause formerly commenced between two others; as, in an action by tenant for life or years, he in the reversion might come in and pray to be received to defend the land, and to plead with the demandant. Resceit of homage irasiyd av (h)omaj /. In old English law, the lord's receiving homage of his tenant at his admission to the land. Rescind. To abrogate, annul, avoid, or cancel a con- tract; particularly, nullifying a contract by the act of a party. To declare a contract void in its inception and to put an end to it as though it never were. Russell v. Stephens, 191 Wash. 314, 71 P.2d 30, 31. Not merely to terminate it and release parties from further obligations to each other but to abrogate it from the beginning and restore parties to relative positions which they would have occupied had no contract ever been made. Sylvania Industrial Corpo- ration v. Lilienfeld's Estate, C.C.A.Va., 132 F.2d 887, 892. See also Rescission of contract. Rescissio /rasish(iy)ow /. Lat. In the civil law, an annulling; avoiding, or making void; abrogation; re- scission. Rescission of contract. A "rescission" amounts to the unmaking of a contract, or an undoing of it from the beginning, and not merely a termination, and it may be effected by mutual agreement of parties, or by one of the parties declaring rescission of contract without consent of other if a legally sufficient ground therefor exists, or by applying to courts for decree of rescis- sion. Abdallah, Inc. v. Martin, 242 Minn. 416, 65 N.W.2d 641, 644. Annulling, abrogation or unmaking of contract and the placing of the parties to it in status quo. Sessions v. Meadows, 13 Cal.App.2d 748, 57 P.2d 548, 549. It necessarily involves a repudia- tion of the contract and a refusal of the moving party to be further bound by it. See also Renunciation; Repudiation. An action of an equitable nature in which a party seeks to be relieved of his obligations under a con- Appendix - Page 1 of 3 Kodiak Island Borough Community Development Department 710 Mill Bay Rd. Rm 205 Kodiak AK 99615 Ph. (907) 486 - 9362 Fax (907) 486 - 9396 http://www.kodiakak.us Zoning Compliance Permit Nublic hearing Item / -A - September 19, 2012 IPrint Form IllIIII1II 19896 Submit by Email 11 Permit No. CZ2012 -79 1 Property Owner / Applicant: Mailing Address: Phone Number: Other Contact email, etc.: Legal Description: The following information is to be supplied by the Applicant: Island Fish Co. LLC 317 Shelikof 486 -8575 Subdv: ATS Street Address: 317 Shelikof Use & Size of Existing Structures: Block: 268 Lot: 29B Processing Plant with Retail component Description of Proposed Action: Installation of Exterior stairway to second floor portion of plant. Processing plant is located on two parcels Tract 29B and Tract 26B Site Plan to include: Lot boundaries and existing easements, existing buildings, proposed location of new construction, access points, and vehicular parking areas. Staff Compliance Review: Current Zoning: Industrial KIBC 17.105 PROP_ID 14846 Lot Area: 2 lots at .69 and .75 ac Lot Width: Not Applicable Bldg Height: Not Applicable Front Yard: Not Applicable Rear Yard: Not Applicable Side Yard: Not Applicable Prk'g Plan Rvw? Yes # of Req'd Spaces: 21 Plat / Subdivision Requirements? Does the project involve an EPA defined facility? N/A If YES, do you have an EPA Return Receipt of Notification? "Permit will not be issued until receipt is submitted to KIB" Appendix - Page 2 of 3 N/A 34EL,IKOF. STREET „sr GAUL NAR BOR Building Square Footage Total = 14,180 Parking Calculation (14,180 / 700) = 20,26 Parking Spaces Required = 21 (20.26 rounded up) Nutplic Nearing Item f -A Z - September 19, 2012 /4424,._„ P%.. a 5 sobs c4:� C� CZ-2oi2 -79 Appendix - Page 3 of 3 Kodiak Island Borough Planning & Zoning Commission Minutes September 19, 2012 6:30 p.m. in the Assembly Chambers CALL TO ORDER CHAIR TORRES called to order the September 19, 2012 regular meeting of the Planning and Zoning Commission at 6:30 p.m. PLEDGE OF ALLEGIANCE ROLL CALL Commissioners present were Brent Watkins, Bill Kersch, Alan Torres, Alan Schmitt, Rick Vahl, and Sonny Vinberg. A quorum was established. Community Development Department staff present was Martin Lydick and Sheila Smith. APPROVAL OF AGENDA CHAIR TORRES stated he would like to see added to the agenda under New Business B-P&Z Rep to the Parks & Rec Committee. COMMISSIONER SCHMITT MOVED to approve the September 19, 2012 Planning & Zoning Commission agenda as amended. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY APPROVAL OF MINUTES COMMISSIONER VAHL MOVED to approve the August 15, 2012 Planning & Zoning Commission minutes. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY AUDIENCE COMMENTS AND APPEARANCE REQUESTS There were none. PUBLIC HEARINGS A) Case 13-006. Request a Variance, per KIBC 17.195, reducing the required off-street parking from 22 spaces to 10 spaces, according to KIBC 17.175.040. The applicant is Island Fish Company, LLC/Pacific Seafood Kodiak and the agent is John Whiddon, General Manager. The location is 317 Shelikof Street and the zoning is I-Industrial. Lydick reported this request for a parking variance is the administrative culmination of a protracted code enforcement proceeding against the subject property. Borough enforcement policy calls for extraordinary efforts on the part of staff to achieve voluntary compliance before proceeding with judicial remedies. This request for a parking variance is the last avenue that staff was able to identify as possible administrative relief before'proceeding with more aggressive enforcement efforts. Variances of any kind are knotty problems to address due to the high bar that has been established, under law, for their approval. Required standards of approval contain six separate factual findings, all of which must be met in order to receive commission approval. Forty-seven public hearing notices were sent out for this 9/19/2012 P&Z Minutes Page 1 of 13 request on August 7, 2012. Fifteen comments were returned opposing the request, and one comment was returned expressing non-objection. Numerous comments & statements supporting the request have been received in the department after the comment deadline established per Commission Bylaw Article 9 Paragraph D. Staff recommended denial of this request. COMMISSIONER SCHMITT MOVED to postpone Case 13-006 until the October 17, 2012 regular meeting of the Planning & Zoning Commission, ROLL CALL VOTE ON MOTION FAILED 3-3. The noes were COMMISSIONERS TORRES, SCHMITT, and VAHL. The ayes were COMMISSIONERS WATKINS, KERSCH, and VINBERG. When asked if anyone wishes to change your vote CHAIR TORRES changed his from aye to no. COMMISSIONER SCHMITT MOVED to grant a variance, according to KIBC 17.195, to allow a reduction in the number of required off-street parking spaces on City Tideland Tracts N26B and N29B from 21 to 10, in support of a seafood processing (industrial) land use per, KIBC 17.175.040. The public hearing was opened & closed: Public testimony was given by: Gretchen Wing read from commission bylaws; under Article 9-D. New Information - The commission shall not consider any new information submitted less than 15 days prior to a regular meeting date. The new information introduced after the 15 day deadline may be considered by the commission for action at a future meeting or referred to, staff for study. Next is Article 11 Reports and minutes - The Community Development Department will have the staff reports for public hearing petitions available for review by the applicant and commission members 12 days prior to the public hearing. The commission shall keep minutes of the proceedings and such minutes shall be record the vote of each member upon every question formally presented for consideration. The minutes shall be filed in the office of the Borough Clerk and shall be a public record, open to inspection by any person. When this started there have been all kinds of deadlines put out, the deadlines have been past, there's new variances, there's been stays, and this has been a very complicated case because it keeps changing by the week. According to the public hearing notice we received in the mail and other information they have 15 days prior to the meeting to submit their written information. That was out there as public knowledge. We've worked really hard to get this case going, to keep this case going with factual knowledge and we presented our information in a timely manner within the 15 days prior. You need to consider the information that was presented in a timely fashion so it could be given to you within the 12 days so you had plenty of time to review it. There's a reason that we have these laws and there's a reason there is a deadline. Cases cannot be tried and listened to, to the full extent if people are constantly submitting late 'information. Please remember the bylaws that were agreed on and it's what we should be running our community off of when the late information is presented and when the late information is in front of you in the packets that was received after the deadline. In response to COMMISSIONER SCHMITT'S point of order regarding he thought the effect of the motion that was voted down was that we, will not be considering the material submitted after the deadline, CHAIR TORRES said the motion failed to postpone the meeting to allow consideration of the comments. Staff chose to put them in our packet but our bylaws say that we shall not consider them, and TORRES said he didn't even download it all. Chris Wing stated he and his wife own the building across the street from Pacific Seafoods. This Variance request is very similar to P&Z Case 11-011 dated December 15, 2010, this gives you an idea of how long this has been going on. That case was denied and the principal 9/19/2012 P&Z Minutes Page 2 of 13 4- r difference in that case and this new case is the addition of 5 parking spaces. In the previous case it went from 17 to 10 in this case. Staff did the investigation and five more spaces were required than he had originally been told so that increased the number to 22. This is the same variance that was denied, there are minor differences and those differences were brought up in the investigation of the older case. Pacific Seafoods chose not to comply and continued not to provide required onsite parking. After 16 months of the denial Wing filed a complaint and seen no apparent actions with anyone, and the investigation revealed Pacific Seafoods is out of compliance after repeated inspections. There's a timeline that goes with this from December 2010 until today. The 16 months Wing stepped back and waited for action to happen but he should have been aggressive at that time. It all came down to a parking inspection on May 16th by the enforcement officer and the parking was there, for one day only. The next day it didn't meet the requirements. On the same day of the inspection the applicant got a new zoning compliance permit, the applicant submitted an associated parking plan with 22 spaces which Whiddon signed off on along with staff, and they pulled building permits on the same day. On June 5th a notice of violation and order was issued, the applicant did not apply for an appeal within the 10 working days. Wing feels that it was expired and he's in violation. If you review the appeal and denial information it's easy to deny this case. Chris Lynch stated she owns property on Cope Street and recently occupied a building from Pacific Seafoods which. was a small retail business. She opposed this request strongly. On- street parking is very limited on Shelikof and while we need to address a parking issue an individual variance does not address the parking issue. The on-street parking belongs to all, there's one hour parking across from Pacific Seafoods that's supposed to accommodate the retail stores in that location. Lynch submitted pictures with her opposition and it's clearly not being enforced and there are labeled cannery vehicles in those spaces for days on end. If this variance would be allowed that would be 20 less on street spaces that would be taken by the people that can't park off-street. She's had customers specifically tell her that they haven't stopped at her store because they can't find a parking space. She has a private parking lot next to the building that she rented and the minute the building was beginning to be less occupied Pacific Seafoods staff was taking those spaces in the private lot without any permissions. That clearly indicates there is a need for their own onsite parking. When she purchased her Cope Street property she also had a parking issue and she was held strictly to that parking requirement and she expects this requirement to be held strictly to as well. Bill Alwert stated he's one of the owners of Pickled Willy's across from Pacific Seafoods. He said he has 1 parking space in front of their business which is in Mr. Wing's building. He's parked in front of his business and has got 3 parking tickets for parking in front of his business because there isn't any other parking spaces. Many people have also told him that they don't stop because there isn't any parking anywhere. That is harming our business. Pacific Seafoods should have plenty of parking. This request should be denied and they should have their off-street parking. Alwert has parked twice in front of Napa but he won't anymore because they've taken his windshield wipers off his car for parking there. We don't have anywhere else to park. We have to park all way down across from Sutliff s and walk down to his business so hopefully they will have 1 parking space for a customer to park in front of their business. This variance request should be denied. John Whiddon, Pacific Seafoods Manager, stated he's doing everything he can to resolve this matter. We've been in business on Shelikof Street for over 13 years, predating any of the people you've heard so far. Before we started on Shelikof there was a parking challenge, there's a parking challenge today and will be one in the future unless something is done about 9/19/2012 P&Z Minutes Page 3 of 13 it. We're asking for 10 not 22 parking space reduction and he'd offer that if they put 10 more cars in their parking lot you won't see a noticeable difference. The businesses that have come before you have mentioned they have no parking, he would reference that they have zero parking, none. We are required to maintain parking and they're not. The borough recognized over twenty years ago that there's a parking shortage on Shelikof Street, so much so that the borough code 17.140 established that the businesses on Shelikof Street were nonconforming and they issued what amounts to a grandfather clause with regards to parking. It seems to him that the borough realized that in order to grow and sustain the seafood industry that mandating parking on very limited space would otherwise be used for processing was not the best use of land. If you drive down Shelikof Street today you will see cars stacked up in every direction. Right now that's the cost of doing business on Shelikof. We're concerned the borough is selectively enforcing this ordinance. This matter came before you as a complaint. Other entities in Kodiak have been granted waivers or variances, particularly the convention center and also Trident for their bunkhouse and he would suggest that was done for economic necessity. The failure to obtain a variance in our case would mean not just the elimination of a portion of the business but the entire business, we cannot sustain a business if we reduce it by 22 %(recording fuzzy). The area that would be dedicated to vehicles is actually the area that we use to process fish. Without that we wouldn't be able to process fish and we would see a loss of up to 75 -90 jobs in the associated economic impact. We believe this is a valid case is a way to support the seafood industry. Lauri Whiddon state she's here to support Pacific Seafoods request for a parking variance. After spending 20 years as a Coast Guard wife and dependent we elected to stay in Kodiak and start their second career. Over the past 13 years she's watched her husband build the business from 3 to over 90 employees through hard work and dedication. He has some of the finest employees in the industry so she's here tonight to say that your decisions are far more reaching than just a parking variance. It impacts the lives of over 90 employees and their families who through Pacific Seafoods have access to health care retirement benefits. Parking was a challenge 13 years ago and it remains a challenge today. Her husband and Pacific Seafoods are committed to help to develop solutions that benefit all users and businesses on Shelikof Street Jennifer Ridgecreek stated she's concerned about the parking situation on Shelikof. She agrees with the comments that said Shelikof has an issue with parking, it's difficult and it's difficult for pedestrians to use that space. She also understands the role of variances and zoning where you have a very specific circumstance where regulation doesn't fit on that circumstance; however, this is not that circumstance and she opposed the issuance of a variance because the parking situation is a problem. She believes the appropriate way to address this is through a parking plan in its entirety. To enforce a regulation by piecemeal by issuing variances here and there depending on which businesses have the time and resources to go through additional permitting is inappropriate and it sends a message to the Kodiak business community that some rules apply to some but not others. If parking is a situation as bad as it is then that situation should be addressed in its entirety. By voting no on this variance you are motivating the issue to take further to have a more long term comprehensive solution rather than perpetuating an ongoing problem through piecemeal enforcement so she urged the commission to vote no. Kevin Arndt stated he owns property within the public notice area next to the coffee shop. He's not at a place where there's a problem with parking. It seems like we have private parking but it's never full. He thinks the problem starts from the town side of Napa heading in 9/19/2012 P &Z Minutes Page 4 of 13 4 where it's really congested. He can say he's never been to Napa when he couldn't find a parking space. He submitted a letter but it says it was received after the comment deadline. He feels we do need to accommodate for this variance. We've given a grandfathered clause to everything else in the area that was developed. Just like Whiddon said if he does get the variance or he doesn't it's not going to change anything, the parking is the way it now whether he gets it or not. He deserves it. You should grant 50% of their parking should be allowed to be on street parking. You do have the establishments that have been there a long time that doesn't have any parking and how they were granted that in the beginning he doesn't know. Arndt is in favor of the commission approving this variance. Barbara from Pickled Willy's stated she thinks the parking is something that needs to be taken care of and it's the commission's fault that these guys are pitted against each other. Long term is a solution and piecemealing is not the answer. She said it's your duty to fix this or come up with some kind of long term plan. Discussion of the high standards for a variance, the business outgrowing the location, height limits and building upwards to allow for onsite parking spaces, move things that are not critical for the particular site elsewhere, parking concerns, businesses being responsible for their planning, future planning, plan growth, and the parking should be accommodated onsite as much as possible. this variance being similar to their prior case and should not have allowed it to come before the commission, not allowing comments submitted after the deadline because it doesn't limit public comment; public testimony can be 'given at the meeting or over the phone, the, deadline is there to allow the commissioners time to read the packets, digest the information to allow the commission to make fair decisions, and disappointment that those comments were added to the packet. CHAIR TORRES stated with this variance being similar to their prior case it should not have been allowed to come before the commission, the comments submitted after the deadline does not limit public, comment; public testimony can, be given at the meeting or over, the .phone also if comments can't be submitted by the deadline. The deadline is there to allow commissioners time to read the packets, digest the information to allow the commission to make fair decisions, and TORRES expressed disappointment that those comments were added to the packet. CHAIR TORRES stated P&Z cannot fix the parking problem on Shelikof and that it would be a culmination of the City of Kodiak and the borough assembly to do a parking plan. In response to COMMISSIONER VAHL'S inquiry if this is postponed a month is there time to aggressively try to solve this problem, Lydick, stated he thinks a postponement would allow you to consider the new comments that have come in after the deadline imposed by the commission's bylaws, he does not think a simple 30 day postponement will lead to any effective enforcement of any parking situation on Shelikof Street. Our current case which has gone on now for almost 18 months, he believes every individual business up and down that street would have the same opportunities for administrative delays that has been afforded this property. That is not bad in itself, it's what the process is and those steps are available to any business or any individual that finds themselves subject to an enforcement action. In response to COMMISSIONER VINBERG'S inquiry of the documents back from 2010 notifications were received, there were plans that were developed by PND Engineers showing the dock extension assuming to provide for some parking, can you elaborate on that and why nothing has been acted upon in those 2 years, Lydick requested VINBERG direct him to the document he's referring to. COMMISSIONER VINBERG said it's the prior case packet 11-011. 9/19/2012 P&Z Minutes Page 5 of 13 CHAIR TORRES said we have case packet 11 -011 in our dropbox packet, Lydick stated staff doesn't have ipads and it's not in the packets that staff has. COMMISSIONER VINBERG stated what it tells him is that if nothing has been acted upon in the last 2 years then how much longer is this going to take and he believes we do need to have a new master parking plan for the downtown area. COMMISSIONER KERSCH who is also the Postmaster stated the Post Office' is looking at not going down Shelikof Street because we cannot find parking to deliver the mail that will probably be addressed in the next month with the businesses down there. During discussion there was consensus that this variance should be denied. COMMISSIONER KERSCH MOVED to postpone indefinitely. ROLL CALL VOTE ON MOTION. TO POSTPONE INDEFINATELY FAILED 4 -2. The noes were COMMISSIONERS SCHMITT, TORRES, VAHL, and VINBERG. The ayes were COMMISSIONERS WATKINS and KERSCH. ROLL CALL VOTE ON MAIN MOTION FAILED UNANIMOUSLY • COMMISSIONER SCHMITT MOVED to adopt the findings contained in the staff report dated September 8, 2012 as "Findings of Fact" supporting the DENIAL of this request. FINDINGS OF FACT 17.66.050 A.1. Exceptional physical circumstances or conditions applicable to the property or intended use of development, which generally do not apply to other properties in the same land use district. Tracts N29 -B and N26 -B are typical for waterfront lots located along this stretch of Shelikof Street. Together they are rectangular in shape and measure about 1.4 acres total. The tracts, taken together or separately, exceed the minimum lot area of 20,000 square feet and lot width of 75 feet that is required for the I- Industrial zoning district. If there is something atypical, it.is that the two tracts have been developed with the bulk of building development on tract N29B and Tract N26B has historically provided the parking and maneuvering to support the use on Tract N29B. The more recent use of Tract N26B for outdoor storage, loading berths and other related activities has largely displaced the availability of parking and maneuvering on this tract. The decision by the land owner to displace employee and customer parking in this way however does not rise to the level of an exceptional' physical circumstance or condition that would justify the granting of a variance. Historically, the site has been able to provide ample off - street parking in compliance with the parking code without the need for variances or satellite parking arrangements.. As noted in the petitioner's application however, it is the increased intensity of the current use for seafood processing and the changes that occur to that industry periodically which has driven the need to maximize the use of the site for seafood processing. The petitioner has, not clearly identified exceptional physical circumstances or conditions applicable to City Tidelands Tract N26B and N29B or the intended use of development on same which do not generally apply to, other properties in the same land use district. 17.66.050 A.2. Strict application of the zoning ordinances would result in practical difficulties or unnecessary hardships. • According to the petitioner, strict application of the parking ordinance would limit the ability of the site to remain competitive with other seafood processing uses in the area. As noted by 9/19/2012 P &Z Minutes Page 6 of 13 staff the community has typically recognized the changes to the fishing industry and the limited locations for such uses to occur as justification for some case-by-case relief from parking requirements inthe past. That said, suggestions that the parking calculation for seafood processing plants in general needs revision does not justify the grant of a variance. Revision or amendment of zoning codes is a legislative prerogative of the community whereas the request of a variance, as in this case, is a quasi-judicial request to consider individual property rights of a single landowner. There is substantial area on the site which is sufficiently devoid of building development so as to accommodate the required off-street parking: It is only because this area is being used for outdoor storage and industrial activities that the petitioner is unable to provide the parking required by the code. The petitioner has not indicated why at least some of the outdoor storage and equipment could not be relocated to another location off-site It should also be noted that a considerable portion of the waterfront • industrial area was originally developed long before the advent of modern parking requirements. Community growth has resulted in a largely "auto-dependent" lifestyle for many residents. The relief requested in this case therefore cannot be based solely on an appeal for equity with other waterfront industrial sites which might look much different if they also were just getting started. 17.66.050 A.3. The granting of the variance will not result in material damages or prejudice to other properties in the vicinity nor be detrimental to the public's health, safety and welfare. While Variance Standard #1 references a comparison of "physical circumstances" with other lots in the same zoning district, Standard #3 is pertinent to all properties in the vicinity of the subject parcel(s) regardless of zoning or use. In this regard, it must be recognized that there is a substantial lack of parking in the overall area. Many of the business establishments across Shelikof Street are themselves nonconforming due to changing code standards or have themselves been recipients of relief by variance on a case-by-case basis. As a result there are already many nonconforming uses on both sides of the street which, are not providing all of the parking required for those uses in this day of auto dependency. While the petitioner has based a substantial argument for the grant of a parking variance on issues of equity with other industrial properties on the waterfront, itis not justifiable to grant equity with other industrial properties at the expense of business properties in the area. Business properties also have workforce parking needs but in many cases also require a certain amount of parking turnover for customer access.. This is much different from parking characteristics of seafood processing which typically relies on long shifts and large numbers of employees on site during peak processing times. While the petitioner has indicated that they encourage carpooling and walking to work, there is no evidence presented on the record to say how effective this encouragement is at reducing the number of employees who need to park in the vicinity of Tract N26B and N29B. In addition, the grant of the variance will run with the land in perpetuity and will create an additional burden on for the city to regulate and manage in the Shelikof Street right-of-way. It is prudent therefore to work with property owners to ensure the maximum' number of required off-street parking spaces are .maintained in the area even if this requires giving the site owner some control and flexibility in the location and layout of the parking plan so long as the minimum parking standards of the code are met. 9/19/2012 P&Z Minutes Page 7 of 13 17.66.050 A.4. The granting of the variance will not be contrary to the objectives of the Comprehensive Plan. The grant of a variance would not be contrary or detrimental to the objectives of the Comprehensive Plan with regard to its support for seafood processing. uses. The grant of such relief however, should not come at the expense of other general commercial uses in the area, which are similarly encouraged to succeed by comprehensive plan goals and objectives. 17.66.050 A.S. That actions of the applicant did not cause special conditions or financial hardship from which relief is being sought by the variance. The actions of the applicant have caused the special conditions from which relief is being sought by variance. As noted in the staff analysis some of this need may be due to the nature of the industry itself, but it is difficult to assign a value to these structural changes to the industry versus the responsibility of the land owner to control and manage the site layout and utilization. In both Zoning Compliance Permit CZ2012-79 and prior Variance Case 11-011 it was demonstrated that there is adequate room for off-street parking to be provided on site if some of the storage on-site could be moved to an alternate location off-site. The actions of the applicant, contrary to the provisions of the approved zoning compliance permit, have resulted in complaints, enforcement action by the borough, and ultimately this variance request. Had the petitioner maintained the site in compliance with approved permits prior to making this request this condition might have otherwise been met. 17.66.050 A.6. , That the granting of the variance will not permit a prohibited land use in the district involved. This request is to allow a variance from parking requirements and the grant of such a variance would not permit a. prohibited land use in the district involved. ROLL CALL VOTE ON MOTION FAILED UNANIMOUSLY 13) Case S13-006. Request Preliminary approval, per KIBC 16.40, of the replat of Lots 1A & 2A, Hospital Subdivision, creating Lots 1A-1 & 2A-1, Hospital Subdivision, providing a location for the construction of a Long Term " Care Facility, according to KIBC 17.130.020.H. The applicant is the Kodiak Island Borough. The location is 1909 Rezanof Drive East and the zoning is PL-Public Use Lands. Lydick reported this review- if the final administrative public review process in a joint borough/city effort to provide our community with a fully functioning, modern Long Term Care Facility; an infrastructure upgrade that's been identified as needed for some time. The design provides for the like -exchange of lands between the borough and city in order to provide a consolidated parcel of land capable of accommodating the facility's construction on the preferred site. The commission reviewed and approved the construction design at the August 15, 2012 regular meeting. This plat re-aligns lot boundaries, vacates and re-creates required utility easements where needed, and provides sufficient land area to accommodate a private driveway serving as ingress and egress to the new facility. Fifty-one public hearing notices were mailed on August 8, 2012 and 2 comments returned supporting the request. Staff recommended approval subject to 3 Conditions of Approval. COMMISSIONER SCHMITT MOVED to grant Preliminary approval, per KIBC 16.40, of the replat of Lots 1A & 2A Block 1, Hospital Subdivision, creating Lots 1A-1- & 2A-1, Hospital Subdivision, providing a location for the construction of a Long Term Care Facility,-according 9/19/2012 P&Z Minufes Page 8 of 13 AFTER THE COMMENT DEADLINE SUBMISSIONS Case No. 13 -006 Suppl info reed packet rvw 9/12/12 frm JW. More efficient use of existing Shelikof on- street and "near on- street parking " — net increase 20 -30 spaces Use Rezanof for up to 100 longer term, employee spaces (add second stairway) Public Hearing Item 7 -A P &Z - September 19, 2012 4 Establish time -based restrictions for on- street parking �® 11„ woe' s .. 41.6-"I0, anta Establish "Shelikof Seafood Processing Zone" with appropriate parking standards — both dimensions and on site requirements Add new harbor front parking — net increase 20 spaces Shelikof District Parking Solutions Preliminary ideas for discussion 9.12.12 (Case No. 1 3-006 Suppl info recd packet rvw 9112/12 frm JW. As'1, 7] c '' 1 1.I'I 5EP 1 2 0)12 ' ftereommerrtDeadlirre-C - Page -3 of 7 Iic Hearing Item 7 -A P &Z - September 19, 2012 Sheila Smith From: Janet Buckingham <janet @kodiak.org> Sent: Monday, September 10, 2012 1:52 PM To: Sheila Smith Cc: Jack Maker Subject: Correspondence for P &Z Commission Attachments: PacificSeafoodParkingVariance .doc I have attached a letter from the Kodiak Island Convention & Visitors Bureau Board of Directors to be distributed to the P &Z commission. Thanks! jagtet Janet Buckingham Executive Director Kodiak Island Convention & Visitors Bureau (907) 486 -4782 Janet @kodiak.org Follow us at: http: / /www,facebook.com /k • ia' asks k::\\# Also follow us on twitters • V ' earc � diakal *$* • •c\Z 5EciE, S 2012 11:11 • COMMUNITY DEVELOFME 1E4 T O0--et" COm ►tn n 'Deiced t l Clf1 After Comment Deadline Comments - Page 4 of 17 Ne ` . /4�' 1 KODIAK w=a Convention avAttr,AoU1V= September 10, 2012 Kodiak lsland Borough Planning & Zoning 710 Mill Bay Road Kodiak, AK 99615 Dear Pla ' and Zorting Commission: 6 This letter is written on behalf of Pacific Se the parking issues surrounding their property on Shelikof Street. • Pacific Seafood provides valuable - ' e o sport fishing in Kodiak by offering processing and storage to our charter fleet. Th 4r; ,, store is al a growing par f their business that is extremely popular with loca ors to d. Of cour mportant is their ` iCHearng Item 7-A - September 19, 2012 If Pacific Scafno o clear 22 parking spaces access lanes, business and thus re.'uce their contri or outdo significa tion to th Kodiak lsland Borough. This seems couriterpro There is no doubt that there is a park' traffic flow are issues that need to and private business to find a resol Street employees and safe for year-rou cessing ir their abili indus�Y � I ies and use it for perate their onomy of the long She by the C' t is equit pede iak, the Kodiak Istand Borough processors, safe for Shelikof well as cruise ship walkers. Unb|suohthnethetaUproceoyooconbebrouQ'It Pet compliance, the Kodiak Island Convention and Visitors Bureau Board of Directors supports a parking variance for Pacific Seafood so that their ability to do business and contribute to the local economy is not impaired. Sincerely, Susan Johnson President, Board of Directors Kodiak island Convention & Visitors Bureau �� w �� O�� tLo��.H YY �� U)) SEP 1 7 2012 COMMUNIIY DEVELOPMENT DEPARTMENT CO",`YT&%~-6- rto Kodiak Island Convention & Visitors Bureau 100 Marine Way Kodiak, Alaska 99615 907-480~4782 FAX 907-486-6545 After Comment Deadline Comments - Page 5 of 17 Sep 1O1212:3Sp Peter Thor � To: Kodiak island Borough Planning Commission and AssernbLy From: Kodiak Residents who fish or support Kodiak's fishing Industry ) ��~�i�ng|t8Ol7-�'.1 P�Z- September 19.2O12 The Kodiak Island Borough recently filed a compInt against Pacific Sefood, demanding the company clear much of the space currently used for outdoor fish processing activities and instead use these areas for parking. This requirement is impractical, unfair and harmful to the island's fishing industry and Kodiak in general. Pacific Seafood should be given a parking variance, so the company can continue to make full use of its property to process fish arid benefit the camrnun?cy. We understand Borough regulations require certain amounts of on-site parking for fish processing and other businesses along Shelikof. However, in practice few if any of the busineses in this area actually meet these standards, either because the busin re "gra ndfathered" or the rules are simply not enforced. Singling out one processor for enforc7=nAt of rules not applied on other similar businesses is unfair and unnecessary. Pacific Seafood provides valuable seQice • A viable seafood processor an fongline, pot boats, trawle • An alternative market our fleet ° Significan '�� sto|o • , company �N��_` the ___ • A company a einfisheries (6 arketmf choice for a multi-gear type fleet —jig boat, process ffering co ve prices and good service to UES pporting ulatory issues, Strict enforcement nf Borough .parking standard style" parking spaces and associated acce operations, create real safety hazard would take away a healthy porton o co m munity. portion of the year. nge of co • c1/4. N, od to provide 22 "Safeway- h into the company's processing capacity. This in turn clod makes to the industry and the y and civic events. e of our fisheries. It is clear that i g Shelikof are needed ,PadficSeafoodshou|6 play a role /o finding and implementing these su|utNo..- B ut forcing excessive parkng standards on this orie company simply takes away prucessing capacity and jcbs. This makes rio sense. We ask you to grant Pacific Seafood the variance it has requested and to instead start a broader proces that will create real parking solutions in this area that is so critical to the Island's future. E C E MV E SEP 1 7 212 / COMMUNITY DEVELOP/MIT DEPARTMENT Cleci^ec Corn0Dor»k ijoacItim After Comment Deadline Comments - Page 6 of 17 ALASKA WHJtEFISH TRAWLERS Alaska Whitefish Trawlers Association Iic Hearing Item 7-A - September 19, 2012 P.O. Box 991 Kodiak, AK 99615 (907) 486-3910 alaskawhitefishtrawlers.org Kodiak Island Borough Planning Commission and Assembly Re: Parking variance for Pacific Seafood We are writing to you in support of the Pacific Seafood request for a variance from the borough parking standards. Pacific Seafood should be given the parking variance, so the company can continue to make full use of its property to process fish and benefit the community. Pacific Seafood provides valuable services to indivi fisherman and Kodiak community as a whole: • An important market for our trawl ves e • A viable seafood processor and the pot boats, trawlers, salmon seine • An alternative market to the fleet • A source of up to 80 pro (434$,!. ebs, s r a growl of the year, ting groundfish. of choice for a multi-gear type fleet jig boat, longline, et net fishermen. cessors, o ring competiti rices and good service to our • Significant cont ".„: al tax rev • A company active - mmunity • A company active in heries regula ng a wid issues, supp Strict enforcement of Borough parking standards "Safeway-style" parking spaces and associa company's operations, create real safety capacity. This in turn would take away makes to the industry and the community. he sustain require nes; thi d likely y portion • civic events. our fisheries. ood to provide 22 hrow a wrench into the ificant cuts in processing ntributions Pacific Seafood It is clear that improvements in the parking situation ;02 ng Shelikof are needed. We ask you to grant Pacific Seafood the variance it has requested, and to instead start a broader process that will create real parking solutions in this area that is so critical to the Island's future, Best Regards, Robert L. Krueger, President Alaska Whitefish Trawlers Association Robert.Krueger@alaskawhitefishtrawlers.org §ECEBVEn 11 11 SEP 17 2012 10 COMMUNITY DEVELOPMENT DEPARTMENT Clete Corn mg n* Ceac_11 as) After Comment Deadline Comments - Page 7 of 17 KODIAK - — CHAMBER CROWN SPONSORS y CSI nes(crn ALASKA AEROSPACE CORPORATION , KONIAG • giatiortor Kodiak Island Borough OF COMMERCE )Iic Hearing Item 7 -A Pt`L - September 19, 2012 100 E. Marine Way, Suite 300, Kodiak Alaska 99615 • (907) 486 -5557 • FAX: (907) 486 -7605 www.kodiak.otg • Email: chamber@kodi.ak.org September 5, 2012 Kodiak Island Borou, II-Planning Commission a d Assembly 710 MiII Bay Road — Kodiak, AK 99615 Dear Committee, The Kodiak Island Borough recently file the company clear much of the spat and instead use these areas fo to the island's fishing industr parking variance, so the c fish and benefit the com aint against Pacific Seafood, demanding y used for outdoor fish processing activities This requirement is impractical, unfair and harmful diak in general. Pacific Seafood should be given a an continuo make full us its property to process We understan� .::�;o:kc.�egulations certain am processing a sinesse • $&.: likof. Ho businesses in thin rea actually m: these stand - "grandfathered" or the rules are si, ply not e enforcement of rules not applied on other Pacific Seafood provides valuabl a whole: • A viable seafood process boat, longline, pot boats, trawlers • An alternative market to the major good service to our fleet on -site parking for fish practice f;:!P any of the it er becau ti_ '. ' finesses are SinglingQ - on'r rocessor for and unnecessary. and Kodiak community as ce for a multi -gear type fleet —jig ers and set net fishermen. ors, offering competitive prices and • A source of up to 80 processing jobs, stretching over a growing portion of the year. • Significant contributions to local tax revenues • A company active in the community, supporting a wide range of community and civic events. • A company active in fisheries regulatory issues, supporting the sustained use of our fisheries. Strict enforcement of Borough parking standards would require Pacific Seafood to provide 22 "Safeway- style" parking spaces and associated access lanes; this would throw.a wrench into the company's operations, create real safety hazards and likely force significant cuts in processing capacity. This in turn would take away a healthy portion of the contributions Pacific Seafood makes to the industry and the community. We need long term solutions such as: ]k�H�8[m� \ ` Hearing Item 7-A . - September 19.2012 1. Develop and incorporate a 'Seafood Processing Zone°inreQardsto8oroughorCityondinances along Shelikof that encompasses the needs of processors while recognizing the needs of all stakehotders on both sides of the street. This would adclress the economic needs of the industry and blend with regulatory compliance matters/ordnances that would enhance the growth and development of the industry 2. Evaluate parking needs for the Shelikof corridor and look for a long term solution (i.e. dedicated processor parking with shuttle bus) 3. Support installation of bulkhead parking from the ramp across from Harborside to the breakwater (similar to the butkhead across from toa|leviateoarkineonSheUhmf — gainfioancia| support from our legislative representatives. tt is clear that improvements in the parking situation a role in finding and implementing these solutions. company simply takes away processing capac4 Seafood the variance it has requested, and t • � d md ,h mtNsareathat is so critical to 's f /Sincere! a ikof are needed. Pacific Seafood should ptay ng excessive parking standards on this one s. This makes no sense. We ask you to grant Pacific start a broader process that will create real parking ^ �w�� Lindsa Knight' Chainber Preside occ\sc\64"c\ 4c) After Comment Deadllne Comments - Page 9 of 17 ) )lic Hearing Item 7-A ''s6tr2 — September 19, 2012 CEllVJR SUPPORT FOR ° 1 1FIC SEAFOOD KODIAK'S VARIANCE REQUEST SEP 1 8 202 _ The undersigned support Pacific Seafood's request for a parking variance COMMUNITY DEVELOPMENT DEPARTMENT NAME SIGNATURE DATE r si1/457 )//4 .41C2'4W1./ ,..242-6 -1-15c4, Ca-8k • -€14- -z-AW- V 0 / 42- 0 _ qinfia _ ..(4-44u A .1.1i-e.44"741.1411 ...A. - - q / 1 7 1 / /1714 OA iDu te CY" U Z, "P il /(Sek • V 44,Z- /9- -/ 2 / P-191E: • - - --- Y-uminPA-srmna. i‘oir€ no, -17 (? ,?A 7t/ 0/9#4)6Wp 0- -0-, i ' y/,--//a,_. 11.-- gum --:---540-62/ .40. ,.,,L, , - ,1 ‘ SV/Aeha Maraiy-0 ' i e i - /7- Az ati-P;u946i-toiA Weid-1- 9- /c7-' PO'freee-->t G-NeiNA, , --/?---/_, 1_1/ q._ ‹).- g5ce-K 0426 az---L-„___ ?-/ - r2--- f2- ti.L..;,,.k....-at.,....:4... „al, .7/: / 4.2 After Comment Deadline Comments - Page 10 of 17 COMIt 'lib Hearing Item 7-A - September 19, 2012 CIELVE SUPPORT F PACIFIC SEAFOOD KODIAK'S VARIANCE REQUEST SEP 1 .8 2012 - The undersigned support Pacific Seafood's request for a parking variance V IllY DLYLWIT. UEF'ItUMLNI NAME SIGNATURE . DATE TERESA 17,6 aye . divuoct Y.Q.g191_ ?-17-1 V /7 . - r -7,-- CavLe/40:a. ,k:Axi,,-----c .S, Po - -f ' .1_4 J`-.0 - 0 • ie...4 aliF \,ec,us i ':- . 4�7/»1/2? l? . v= , in Ldy 46,1.5-4--ech . . fa. 014 v/a ?achwa ..:. ---/ 71 /..2_. Z4.,- • er _ _ 1 I a' a x , ... / .. i e Al. . . . 4 r Lit 0 • • ! -, _ . 4w, t vic Ai' ., A 17 l... ,/,..-. _ , .., 0 IA-A V A 748 .(0, ■ _. . AO TV/ & 'l' . tita_ Miff . 5 i14-4(dt 0 4 *.. _ , AMF," _111=1 q '1 '‘Z 61 ii dr.. _fliAll 44 c-i(/-?-,/42, , a/1/4 (.05 K t---I ci/ 1 7/ 1)- - Jlay#4(217 ),ert012Alb # . IL 'Ir Fool , . . JAY-R S - Pi - i 4,4, 4.,. ... ' .....,,,_ ,,..., --.5-/i 1.4561r) S, G1121/1/0 g-74-4141/1C- c(-/ 1 U 0 After Comment Deadline Comments - Page 11 of 17 ECEEVE SUPPORT FO SEP 1 8 2012 The undersigned support Pacific Seafood's request for a parking variance; lic Hearing Item 7-A Prs,Z - September 19, 2012 CIFIC SEAFOOD KODIAK'S VARIANCE REQUEST iVUNI1Y DEVELOFMREPARTMENT SIGNATURE DATE 7\cT adrval 3V1:18/3)srt CKOk-x-(2.• L,:"-:— 9j 1 zo (2- K& Vii\J f3L,Ai)/) ( ., 7—/7-/:2--- q- 17 - IL (.... ,. Aiviv.s. V //vAL G 6.07,/1 Ui 6 tiY,'.:,' Gi"r'l Aim ot &AID Leta-ct.,r \Q- Aokil&Q ir -,40,./ 4 - ' ?- k v2 _ Lotili g/wirzbi, 02-14:61, V- • , „ ..., °PALAU , 0 eiLvti IS ... 0 /- e liad..,4 Ali/&.4cifs ' ") Di,-.6 ....:1Q„ Itst J.) PLI kC-14 Mr / i')-• /12 SNI9 I 46 C13/MN/ ,,, :Ara, ( 4, qii7P--/ 4 ( 0 I ' g___ 214Ce2W-al 4 rt e• OP If 7//2 1.-- (nda Domyosb 1( l 7 13 0 c.:I a_ (.) - CT - (t. 1 16 564 d A 0 :111.4)A 9707/7_ After Comment Deadline Comments - Page 12 of 17 September 17, 2012 I ]iC Hearing Item 7-A . - September 19, 2012 International Se s of Alaska, inc. Kodiak • Egegik ° Seattle To: Kodiak Island Borough Planning Commission and Assembly �� -�� k�&v k� YY U� CUMMUNnYDEVELOPMENT DEPARTMENT From: Kodiak Residents who fish or support Kodiak's fishing Industry The Kodiak Island Borough recently filed a comp company clear much of the space currently used use these areas for parking This requireme fishing industry and Kodiak in general. Pac" company can continue to make full u We understand Borough regula and other businesses along Sh actually meet these standa simply not enforced similar businesses is��~/r.'d against Pacific Seafood, demanding the u door fish processing activities and instead ctical, unfair and harmful to the island's od should be given a parking variance, so the property to process fish and benefit the community owever, t on unnec ounts of on ice few i sinesses or enforce parking for fish processing businesses in this area dfathered" or the rutes are rules not applied on other Pacific Seafood provides valuable service to indiv '* A viable seafood processor and the ma longline, pot boats, trawlers, s • An alternative market to the to our fieet community as a whole: ar type fleet — jig boat, en. petitive ices and good service • A source of up to 80 processing jo s, stre a g owing portion of the year. • Significant contributions to local tax rev • A company active in the community sup o gavideranQeofcommunHvandcivicevents • A company active in fisheries regulatory issues, supporting the sustained use of our fisheries Strict enforcemerit of Borough parking standards would require Pacific Seafood to provide 22 "Safewa«'my|e"padking spaces and associated access lanes; this wou!d throw a wrench into the company's operations, create real safety hazards and likely force significant cuts in processing capacity. This in turn would take away a healthy portion ofthe contributions Pacific Seafood makes to the tndustry and the community. Ei 517 Shelikof Street P.O. Box 2997 Kodiak, AK 99615-2997, USA TEL: go7/4O6'4768 FAX: 907 / 486-4885 unnua EN11,1 CI 2360 West Commodore Way Seattle, WA 98199-1285, USA TEL: 206 / 284-4830 FAX: zu6/z8G'5gzo After Comment Deadline Comments - Page 13 of 17 �Hearing Item 7-A ks,12- September 1Q.2O12 International Se s of Alaska, Inc. v"�/�� • c.../� • c~.*/. ~�"=^ - �y�y= - ^�="= It is clear that improvements in the parking situation along Shelikof are needed. Pacific Seafood should play a role inflnding and implementing these solutions. But forcing excessive parking standards on this one company simply takes away processing capacity and jobs. This makes no sense. We ask you to grant Pacific Seafood the variance it has requested, and to instead start a broader process that will create real parking solutions in this area that 15 50 critical to the lsand's future. Sincerely ��G im�� Vice President International Seafoods of Ala a no, ELOPMENT ARTMENT 2012 °CC\ OZ(6* IZ1527 Shelikof Street P.O. Box 2997 Kodiak, AK 99625-2997, USA TEL: go7/4D6-4760 FAX: 907 / 486-4885 ‘� ^^ � ..4, NMI Cl 2360 West Commodore Way Seattle, WA 98199-1285 USA TEL: 206 / 284-4830 FAX: zo6/zD6'5gzo After Comment Deadline Comments - Page 14 of 17 ��G im�� • .03/17/2012 15:02 19074E182W.., From: Kodiak I 'sand seafc, NET-SYSTEMS 9074863007 To: Kodiak Island Borough Planningcommission and Assembly From: Kodiak Residents who fish or support Kediak's fishing Industry Iic Hearing IterVF-A 001/0" er 16ir2 ao SEP 1 8 2012 •I The Kodiak Island Borough recently filed a complaint against Pacific Seafood, demanding the cam pany clear much of The space currently used for outdoor fish processing a ctivitagliallfesiartillilialicUPWENT for parking. This requirement is impractical, unfair and harmful to the island's fishing industry and Kodiak in general. Pacific Seafood should be given a parking variance, so the company. can continue to make full use of its property to process fish and benefit the community. we understand Borough regulations require certain amounts of on-site parking for fish processing and other busineises along Shelikof. However, in practice few if any (Atha businesses in this area actually meet these standards, either because the busi e are "grandfathered" or the rules are simply not enforced. Singling out one processor for enfort of rules not applied an other similar businesses is unfair and unnecessary. Pacific Seafood provides valuable service • A viable seafood processor a longline, pot boatS, trawl • An alternative marke our fleet • A source of up • Significan • A compa • A company vidual fisherman and Kodiak community as a whole: • arket of choice for a multi-gear type fleet — jig boat, on selfless and set net fishermen. r proc r ;offering comtjitive prices and good.service to the co ve in fisheries ues upporting ry issue ge of co i ity and civic events. nig the sust- se ofourfisheries. Strict enforcement of Borough parking standard style" parking spaces and associated access Ian operations, create real safety hazards an would take away a healthy portion community. N clear that improvements in the parking situ playa role in finding and implementing these one company simply takes away processing cape grant Pacific Seafood the variance it has requested, and to instead start a broader process that will create real parking solutions In this area that is so critical to the Island's future: cod to provide 22 "Safeway- ch Into the company's processing capacity. This in turn d makes to the industry and the elikof are needed. PacIfic Seafpod should But forcing excessive parking standards on this d jobs. This makes no sense. We ask you to Sincerely ox;--5--E Gip 714' 1 °HA/ a/1/ Pik-- efalA4)_4/ 6 7. / AA 67- 0/.frl ACAKZ)0M, CiFr7.0Z, P14- 4/RFA—D //7/4Zi< piczo-6--in .v149 Alv-* 00,1,4/ r After Comment Deadline Comments - Page 15 of 17 To: Kodiak Island Borough Planning Commission and Assembly From: Kodiak Resicients who fish or support Kodiak's fishing ridustry lic Hearing Item 7-A pestL- September 19,2O12 �� O�� V�'�� Y� c� The Kodiak Island Borough recently filed a complaint against Pacific Seafood, demanding the company clear much of the en t| yused for o utd oor fish proce��i nQuc d t s mltm�Q9tgrAMENT for parking. This requirement is impractical, unfair and harmful to the island's fishing industry and Kodiak in general. Pacific Seafood should be given a parking variance, so the company can continue to make fuH use of its property to process fish and benefit the community. We underst ndBonzu8h/e8u|ationsrequirecertainamountsofnn-dteparWngforfishprncessingand other businesses along 8heUknf However, in practice few if any of the businesses in this area actually meet these standards, either because the busines sare "Qmndfathered" or the rules are simply not enforced. SingIing out one processor for enforce of rues not applied on other simiJar businesses 5 unfair and unnecessary. Pacific Seafood provides valuable ser4e • A viable seafood processor and * An alternative market our fleet • A source of up • Significant c • A company active in fisheries re dual fisherman and Kodiak community as a whole: rket of choice for a multi-gear type fleet —jig boat, seiners . ,'A d set net fisher en. proces co pr�esand good serv�eto �. over a portion of t6e year. ssing jo s to loc in the comm nues pporting atory issu Strict enforcement of Borough parking standa style" parking spaces and associated acc operations, create real safety hazards would take away a healthy portion oft community. nge of corn ^ ~vu �require P ould � r~ ,cc^igvo"� and civic events. use of our fisheries. ood to provide 22 "Safeway- ench into the company's s in processing capacity. This in turn food makes to the industry and the It is clear that improvements in the parking situatio g Shelikof are needed. Pacific Seafood should play a role in finding and implementing these solutions. But forcing excessive parking standards an this one company simply takes away processing capacity and jobs. This makes no sense. We ask you to grant Pacific Seafood the variance it has requested, and to instead start a broader process that will create real parking solutions in this area that is so critical to the Island's future. Sincerely, Sergey Morozov Giobal Seafoods North America After Comment Deadline Comments - Page 16 of 17 To: Kodiak Island Borough Planning Commission and Assembly From: Kodiak Residents who fish or support Kodiak's fishing Industry |h:He@h Dg Item 7-A A 2 - September 19, 20 12 ECE \Y U� theo use XEp 1 R 2012 The Kodiak Island Borough recently filed a complaint against Pacific Seafood, d the � �'bt��#��b�'°'/�u"/ dearnuohnfthespamscunent|vusedforoutdunr�shprocessnQocbv�esandUYX�a for parking. This requirement is impractical, unfair and harmful to the island's fishing industry and Kodiak in general. Pacific Seafood should be given a parking variance, so the company can continue to make full use of its property to process fish and benefit the community. We understand Borough regulations require certain amounts of on-site parking for fish processing and other businesses along Shelikof. However, in practice few if any of the businesses in this area actually meet these standards, either because the busi "grandfathered" or the rules are simply not enforced. Singling out one processor for enforcem f rules not applied on other similar businesses is unfair and unnecessary. * A viable seafood processor and lonsime, pot boats, trawlers, An alternative a tivemarket to rai our fleet • • Significant co • A company ac • A company active in fisheries regu o|',. rw,a| fisherman and Kodiak community asawhole: ttivi et of choice foramulti-Qeartypefleet — - boat einers an ,k pro ring compe rices and good service to sing jobs, in the commun �over a gr v ues porting a ory issues, mr Strict enforcement of Borough parking standards standards style" parking spaces and associated acccs operations, create real safety hazards an would take away a healthy portion of the community. Stce Qitr u:L FA) WI / 7 `2-` n likel w � ill d quire Pa e significa .� rtion of the year. nf our fi*hehey. d to provide 22 "Safeway- nch into the company's in processing capacity. This in turn od makes to the industry and the ��dmar that imprnveme�sin the parking s�ua�on Shelikof are needed. Pacific Seafood should play a role in finding and implementing these solutions. But forcing excessive parking standards on this one company simply takes away processing capacity and jobs. This makes no sense. We ask you to grant Pacific Seafood the variance it has requested, and to instead start a broader process that will create real parking solutions in this area that is so critical to the Island's future. After Comment Deadline Comments - Page 17 of 17 To: Kodiak Island Borough Planning Commission and Assembly From: Kodiak Residents who fish or support Kodiak's fishing Industry The Kodiak Istand Borough recently filed a complaint against Paciflc Seafood, demanding the company clear much of the space currently used for outdoor fish processing activities and instead use these areas for parking. This requirement is impractical, unfair and harmful to the island's fishing industry and Kodiak in general. Pacific Seafood should be given a parking variance, so the company can continue to make full use of its property to process fish and benefit the community. We understand Borough regulations require certain amount of on-site parking for fish processing and other businesses along Shelikof H�wever, in practice few if any of the businesses in this area actually meet these standards, either because the businesses are "grandfathered" or the rules are simply not enforced. Singling out one processor for enforcement of rules not applied on other similar businesses is unfair and unnecessary. Pacific Seafood provides valuable services to individual fisherman and Kodiak community as a whole: • A viable seafood processor and the m jig boat, Iongflne, pot boats, trawlers, saimon seiners and set net fishermen. • An alternative market to the m jor processors, offering competitive prices and good service to our fleet • A source of up to 80 processing jobs, stretching over a growing portion of the year. • Significant contributions to Iocal tax revenues • A company active in the community, supporting a wide range of community and civic events. • A company active in fisheries regulatory issues, supporting the sustained use of our fisheries. Strict eriforcement of Borough parking standards would require Pacific Seafood to provide 22 "Safeway- style" parking spaces and associated access lanes; this would throw a wrench into the company's operations, create real safety hazards and likely force significant cuts in processing capacity. This in turn would take away a healthy portion of the contributions Pacific Seafood makes to the industry and the community. It is clear that improvements in the parking situation along Shelikof are needed. Pacific Seafood should play a role in finding and implemeriting these solutions. But forcing excessive parking standards on this one company simply takes away processing capacity and jobs. This makes no sense. We ask you to grant Pacific Seafood the variance it has requested, and to instead start a broader process that will create real parking solutions in this area that is so critical to the Island's future. AziO - ~'`'- ' '� ��/� / `,.+', / / ~. . ��' . - '/` =_ ^~�,,L~�K�� k7t� �-~,_._~ ' ' -.° ._ � ~�� (�� /,��o .�l m�w �ladon a.l' 4-ho (3 r 09/05/2012 07:58 FAX !. Canon MK Enterprises, LLC Sept. 3, 2012 To: Community Development Dept. Case : 13 -006 As a property owner wi the variance request for sev then 5 -10 years ago. We parking issue in the 80' front parking on pool, walk, ri single handedly 0 44 ublic Hearing Notice area we are in favor of granting ; the issue of parking o elikof St is less of an issue anneries and messes on the off street ease p. + = + been the addition of water p. As f •+ : `es their employees either car lic Hearing Item rd „, - September ,° 01 P.O. Box 2338 Kodiak, AK 99615 Fax 907- 486 -5553 Phone 907 -486 -5538 given day along Sh likof. We usinesses them as their building foot print takes up the' parking problem becomes the burden of expansion which increases our tax b I feel we should be allo businesses along Shelikof St. taking care of itself. Again lets work with the re because they are in the minority and it is in zed the y 4 -600 a vw nogff but Sincerely Kevin Arndt MK Enterprises, LLC n parking almost ery workers at any ng available to athered and a possible ch have room for economic nsidered on street for all the already is and if it is a problem it is s which have the ability for expansion st of all. tlECEINET1) SER -5 201? Li I1Y 0' After Comment Deadline Comments - Page 1 of 17 ENT se No. 13-006 Suppl info rec'd packet rvw 9/12/12 frm JW. / • cafoods ------ r 17, 2012 International Se s of Alaska Inc. Kodiak • Egegik Seattle To: Kodiak Island Borough Planning Commission and Assernbly 15ECE[VE--)N U U -)/ COMMUNOY DEVELOPMENT DEPARTMENT From: Kodiak Residents who fish or supporl Kodiak's fishing Industry The Kodiak Island Borough recently filed a compiaint against Pacific Seafood, demancfing the company clear much of the space currently used for outdoor fish processing activities and instead use these areas for parking. This requirement 15 impractical, unfair and harmful to the island's fishing industry and Kodiak in general. Pacific Seafood should be given a parking variance, so the company can continue to make full use of its property to process fish and benefit the community. We understand Borough regulations require certain amounts of on-site parking for fish processing and other businesses along Shelikof. However, in practice few if any ofthe businesses in this area actuafly meet these standards, either because the businesses are "grandfathered" or the rules are simply not enforced. Singling out one processor for enforcement of rules not applied on other similar businesses is unfair and unnecessary. Pacific Seafood provides valuable services to individual fisherman and Kodiak community as a whole: • A viable seafood processor and the market of choice for a multi gear typefleet—jigboat, Iongline, pot boats, trawlers, saimon seiners and set net fishermen. • An alternative market to the m jor processors, offering competitive prices and good service to our fleet • A source of up to 20 processing jobs, stretching over a growing portion of the year, • Significant contributions to Iocal tax revenues • A company active in the community, supporting a wide range of community and civic events. • A company active in fisheries regulatory issues, supporting the sustained use of our fisheries. Strict enforcement of Borough parking standards would require Pacific Seafood to provide 22 "Safeway-style" parking spaces and associated access lanes; this would throw a wrench into the company's operations, create real safety hazards and likely force significant cuts in processing capacity. This in turn would take away a healthy portion of the contributions PaciO' Seafood makes 517 Shelikof Street P.O. Box 2997 KodiakAK996z5-z9g7,USA TEL: go7/4O6-47G8 FAX: 9o7/4O6'4D85 Immo' DIM 0 236o West Commodore Way Seattle, WA 98199-1285, USA TEL: 206 / 284-4830 FAX: 206 / 286-5920 sear° Ods 0 41-4. International Seafoods of Alaska, Inc. Kodiak • Egegik • Seattle It is clear that improvements in the parking situation along Shelikof are needed. Pacific Seafood should play a role in finding and implementing these solutions. But forcing excessive parking standards on this one company simply takes away processing capacity and jobs. This makes no sense. We ask you to grant Pacific Seafood the variance it has requested, and to instead start a broader process that will create real parking solutions in this area that is so critical to the Island's future. Sincerely Ted Kishirn4 o Vice President International Seafoods of Alaska, Inc. Er 517 Shelikof Street P.O. Box 2997 Kodiak, AK 99615-2997, USA TEL: 907! 486-4768 FAX: 907 / 486-4885 ECE[N9 lit SEP 1 8 2012 Li COMMUNITY DEVELOPMENT DEPARTMENT A ‘LI unninu RUVITIIL SEAFOOD o 236o West Commodore Way Seattle, WA 98199-1285, USA TEL: 206 / 284-4830 FAX: 206 / 286-5920 Q/1?/2O12 15:02 19074882855 From: Kodiak Ilsand seafoor-`, NET-SYSTEMS #1429 P.001/001 9074863007 07---,j/2012 15;47 #594 P.001/001 To: Kodiak Island Borough Planning.Commission and Assembly From: Kodiak Residents who fish or support Kodiak's fishing industry ti 11 rplECEEIVE-r. SEP 1 8 2012 The Kodiak Island Borough recently filed a complaint against Pacific Seafood, demanding the company clear much of the space currently used for outdoor fish processing a ctivitfaiiiiinsteiicalaiffePilii-TiaT for parking. This requirement is impractical, unfair and harmful to the island's fishing industry and Kodiak in general_ Pacific Seafood should be given a parking variance, so the company. can continue to make full use of its property to process fish and benefit the community. We understand Borough regulations require certain amounts of on-site parking for fish processing and other businesses along Shelikof. However, in practice few if any of the businesses in this area actually meet these standards, either because the businesses are "grandfatheree or the rules are simply not enforced. Singling out one processor for enforcement of rules not applied on other similar businesses is unfair and unnecessary. Pacific Seafood provides valuable services to individual fisherman and Kodiak community as a whole: • A viable seafood processor and the market of choice for a multi-gear type fleet -jig boat, Iongline, pot boats, trawlers, salmon seiners and set net fishermen. • An alternative market to the major processars;offering competitive prices and goodserviceto ourfleet • A source of up to 80 processing jobs, stretching over a growing portion of the year_ • Significant contributions to local tax revenues • A company active in the community, supporting a wide range of community and civic events_ • A company active in fisheries regulatory issues, supportingthe sustained use of our fisheries. Strict enforcement of Borough parking standards would require Pacific Seafood to provide 22 "Safeway- style" parking spaces and associated access lanes; this would throw a wrench Into the company's operations, create real safety hazards and likely force significant cuts in processing capacity. This in turn would take away a healthy portion of the contributions Pacific Seafood makes to the industry and the community. It is clear that improvements in the parking situation along Shelikof are needed. Pacific Seafood should play a role in finding and implementing these solutions. But forcing excessive parking standards on this one company simply takes away processing capacity and jobs. This makes no sense. We ask you to grant Pacific Seafood the variance it has requested, and to instead start a broader process that will create real parking solutions in this area that is so critical to the Island's future: Sincerely 6E• 4" °kW V 7)7' /31 g.)-4/ 6 cx/v j96i h7 TA/96r /hi z.ri-oz, NE27 r it-f).N.0 72/r /4.902/<}-v‘ pitRoe2-5-rn 490W/'/ To: Kodiak Island Borough Planning Commission and Assembly From: Kodiak Residents who fish or support Kodiak's fishing Industry k�. �� \Ln c� SE'P The Kodiak Island Borough recently filed a complaint against Pacific Seafood, demanding the company dearmuchofthespacecu/nent|yusedforoutduorfishprVcuoin8activit\esamdxi MyBEluxxfp1ao*minENT for parking. This requirement is impractical, unfair and harmful to the island's fishing industry and Kodiak in general. Pacific Seafood should be given a parking variance, so the company can continue to make full use of its property to process fish and benefit the community. We understand Borough regulations require certain amounts of on-site parking for fish processing and other businesses aong Shelikof. However, in practice few if any of the businesses in this area actually meet these standards, either because the businesses are "grandfathered" or the rules are simply not enforced. Singling out one processor for enforcement of rules not applied on other similar businesses is unfair and unnecessary. Pacific Seafood provides valuable services to individual fisherman and Kodiak community as a whole: • A viable seafood processor and the market of choice for a multi-gear type fleet —jig boat, Iongtine, pot boats, trawlers, saimon seiners and set net fishermen. • An alternative market to the major processors, offering competitive prices and good service to our fleet • A source of up to 80 processing jobs, stretching over a growing portion of the year. • Significant contributions to Iocal tax revenues • A company active in the community supporting a wide range of commuriity and civic events. • A company active in fisheries regulatory issues, supporting the sustained use of our fisheries. Sthotenforcementof8oroughparkingstandardswou|drequirePadficSeafoodtopnovideZZ"Safevvay' sty|e" parking spaces and associated access lanes; this would throw a wrench into the company's operations, create real safety hazards and likely force significant cuts in processing capacity. This in turn would take away a healthy portion of the contributions Pacific Seafood makes to the industry and the community. It is clear that improvement in the parking situation along Shelikof are needed. Pacific Seafood should play a role in finding and implementing these solutions. But forcing excessive parking standards on this one company simpiy takes away processing capacity and jobs. This makes no sense. We ask you to grant Pacific Seafood the variance it has requested, and to instead start a broader process that will create real parking solutions in this area that is so critical to the Island's future. Sincerely, Sergey Morozov Giobal Seafoods North America � a �� °��n � To: Kodiak Island Borough Planning Commission and Assembly From: Kodiak Residents who fish or support Kodiak's fishing Industry SCEOds� SEP 1 8 2012 The Kodiak Island Borough recently filed a complaint against Pacific Seafood, demandinA the company clear much of the space currently used for outdoor fish processing activities and iSiiagMAPAggPARTMENT for parking. This requirement is impractical, unfair and harmful to the island's fishing industry and Kodiak in general. Pacific Seafood should be given a parking variance, so the company can continue to make full use of its property to process fish and benefit the community. We understand Borough regulations require certain amounts of on -site parking for fish processing and other businesses along Shelikof. However, in practice few if any of the businesses in this area actually meet these standards, either because the businesses are "grandfathered" or the rules are simply not enforced. Singling out one processor for enforcement of rules not applied on other similar businesses is unfair and unnecessary. Pacific Seafood provides valuable services to individual fisherman and Kodiak community as a whole: • A viable seafood processor and the market of choice for a multi -gear type fleet —jig boa_ t, longline, pot boats, trawlers, salmon seiners-and set net fishermen. • An alternative market to the major processors, offering competitive prices and good service to our fleet • A source of up to 80 processing jobs, stretching over a growing portion of the year. • Significant contributions to local tax revenues • A company active in the community, supporting a wide range of community and civic events. • A company active in fisheries regulatory issues, supporting the sustained use of our fisheries. Strict enforcement of Borough parking standards would require Pacific Seafood to provide 22 "Safeway - style" parking spaces and associated access lanes; this would throw a wrench into the company's operations, create real safety hazards and likely force significant cuts in processing capacity. This in turn would takeaway a healthy portion of the contributions Pacific Seafood makes to the industry and the community. It is clear that improvements in the parking situation along Shelikof are needed. Pacific Seafood should play a role in finding and implementing these solutions. But forcing excessive parking standards on this one company simply takes away processing capacity and jobs. This makes no sense. We ask you to grant Pacific Seafood the variance it has requested, and to instead start a broader process that will create real parking solutions in this area that is so critical to the Island's future. S' cerely %),V"�C FA) VI 7/1,2_, ECEOVE SUPPORT FOR SEP I_ 8 zoiZ IFIC SEAFOOD KODIAK'S VARIANCE REQUEST The undersigned support Pacific Seafood's request for a parking variance COMMUNITY DEVELOPMENT DEPARTMENT NAME SIGNATURE DATE 1/Vtek liAGr tm,t4m2, 4,7tootim,,57 %°ot9/0..zs 1/ 5-0-y/4 c 4, 2 D- /? x0 %2 Q\--66J(Lf Wal j _9;, ?/(2_ 20 12_ -J /ScL(agPO' � /�� /lam, —® 5 V c ilkhl X117112 okAg 1:rat,tiVet, 61117 ha J i'o 0070. //z-7,15-y,-95 V/7---/2_, .,:/k---t.pc3 Mc c x11711 9/1:7,i4 9 u /7 49 - '- i► /MPA -sn 1/47/&°P. 40 -id �- , Lireack Aro4iltp,m,,, 9j--/7 (Z 0/eg 7 NV 0/9 /W a i>1' r24 6 ' Y I / - . o M JD-E-V o'.- i ` 12, � j`k/ ,�l rnno xX�1 p /�' l/" - ' -.. -- /7 -- /� 4 ' 'v 4`) I`t4' 9.- /7-- i'-c L le49,-.4 ae-/Aa v g.‘„?..,-----or„ 1F---/7.-/ 2_, 13GcZrv0iNo9 6Aix i- i7. i � Q a 0� , 9- /7 - / v 14 j4lit2Th S' - 0 i i�,....,,d. q-/-,-/-2, .7/../, 1 CIOVIE SUPPORT FCR'ACIFIC SEAFOOD KODIAK'S VARIANCE REQUEST SEPT -2012 The undersigned support Pacific Seafood's request for a parking variance y COM NI TY DEVELOPMENT D[PARTIV tN r NAME • SIGNATURE DATE .TERSA TAB O >. ci2 - ; it- ? -17 •- / C° a c.. & / - ,,. --LK,_ CS" 6j/ /T— f-2 d il 9 R. a , .10 .4S/c/ Lily ham". ! "d/ 4.1. 4 .../// r 0 i -7 L // i 0L1 via ?arJl/ /fit a --/ 7/ /, amaze��f 1 c�� b� � ) 1 mo' r �' -/l P Y/ -priA0QP, CAVZ � c 576 3, FP-- ,,aism rpo -yeti 7 i. ' .., - °I l '7 12 r (.c, ".n. 0 rczo ! s ! °` 1 1 ' 17 t' YOa -A/0A 7A 8 `' (99 r-7e ,/- q i 2_ r AV ,v4 q /7 17 c7'/7- /l— v q/1-7/0- /144 --(c -° =,l b`,- �y wee /, 1 s•> 4-Y Fain ®ni ld - , A JAY -fa s - F Kit ;o hu) �' ti (11),b . N(OL ft ,S ,2_ Susan 5 • DG Gbizrnmsl e f 17 12 CO ECIE11VE SUPPORT FOR PACIFIC SEAFOOD KODIAK'S VARIANCE REQUEST SEP 1 8 2012 •2) The undersigned support Pacific Seafood's request for a parking variance; MUNI I Y DEVELOU T EPARTMENT SIGNATURE ., DATE Kariate-Ac 7\1,7--------- 'II ill 1R1c,ke,1 Votr6d-d-tsrl—o,,,c),1/4-N-0--' ..i_.__. 9 I ili2_012- K&V/i\i 13LIA31:>() ( 7-/7- / 17- f 7_ 4AIA,E-5 V //v.v. 6? 4/76t.e._) ?-/ 7 - 72 6 ww-o 60p1-(16 10g alp &I-if-- (0- Avnok cR A-0 ' Lqa-brb .)sctt: c442' St.L.cir\ a---- cl/ kl 112_ L° Abakm drifit'ii. oi (r112 , 1J'g,i „4:A, Ocairit -9--r_.)61-yvl,po 71/0.4,40:5 ..4_,c7- BXI - CdricZ 4P-, 02 r: lz. Lx, 1 14 p , soLi frc---1-1 q--re 1 0_ tz st4A19 4081WINI 1 , 0 , VO c AVI! 1:012r4±4 reYtOrc:--- ' k.: r q 7//2 .,■)1_ (nd‘ a , 7/ 4 — c 1 ( a ? 1 / -7--(j sz. 56 J A 4 :RI 4-Pn 970/17— More efficient use of existing Shelikof on-street and "near on-street parking"— net increase 20-30 spaces Use Rezanof for up to 100 longer term, employee spaces (add second stairway) Establish time-based restrictions for on-street parking Estab|ish"She|iknfSeafoodProcessingZune" with appropriate parking standards — both dimensions and on site requirements Add new harbor front parking — net increase 20 spaces Shelikof District Parking Solutions Preliminary ideas for discussion 9� ~� . U n ^�. K n �� rte, Sheila Smith From: Janet Buckingham <janet @kodiak.org> Sent: Monday, September 10, 2012 1:52 PM To: Sheila Smith Cc: Jack Maker Subject: Correspondence for P &Z Commission Attachments: PacificSeafoodParkingVariance .doc I have attached a letter from the Kodiak Island Convention & Visitors Bureau Board of Directors to be distributed to the P &Z commission. Thanks! Jounet Janet Buckingham Executive Director Kodiak Island Convention & Visitors Bureau (907) 486 -4782 ianet@kodiak.org Follow us at: http: / /www.facebook.com /kodiakalaska Also follow us on twitter.com by searching for kodiakalaska. l.111 SEP 1 72012 COMMUNITY DEVELOPMENT DEPARTMENT Q0-er ComrnQr 'DecaIlnQ 1 . \`'/,�� , / 1 KODIAK Island ConventLan V;sitora Bureau September 10, 2012 Kodiak Island Borough Planning & Zoning 710 Mill Bay Road Kodiak, AK 99615 Dear Planning and Zoning Commission: This letter is written on behalf of Pacific Seafood and the parking issues surrounding their property on Shelikof Street. Pacific Seafood provides valuable services to sport fishing in Kodiak by offering processing and storage to our charter fleet. Their retail store is also a growing part of their business that is extremely popular with Iocals and visitors to the island. Of course, more important is their contribution to Kodiak's economy through their commercial fishing operations. If Pacific Seafood is forced to clear areas used for outdoor fish processing activities and use it for 22 parking spaces and access lanes, it would si nificantly impair their ability to operate their business and thus reduce their contribution to the seafood industry and the economy ofthe Kodiak Island Borough. This seems counterproductive. There is no doubt that there is a parking probtem along Shelikof Street. Shelikof parking and traffic flow are issues that need to be addressed by the City of Kodiak, the Kodiak Istand Borough and private business to find a resolution that is equitable to all processors, safe for Shelikof Street employees and safe for year-round pedestrian traffic as well as cruise ship walkers. Until such time that all processors can be brought into compliance, the Kodiak Island Convention and Visitors Bureau Board of Directors supports a parking variance for Pacific Seafood so that their ability to do business and contribute to the local economy is not impaired. Sincerely, Susan Johnson President, Board of Directors Kodiak Island Convention & Visitors Bureau SEP 1 7 2012 COMMUNITY DEVELOPMENT DEPARTMENT Kodiak Island Convention & Visitors Bureau 100 Marine Way Kodiak, Alaska 99615 907'486-4782 FAX 907-486-6545 . ALASKA Ito Alaska Trawlers Association TRAWLERS P.O. Box 991 99615 Kodiak, AK (907) 486-3910 alaskawhitefishtrawlers.org Kodiak Island B Planning Commission and As Re: Parking variance for Pacific Seafood We are writing to you in support of the Pacific Seafood reques for a variance from the b parking standards. Pacific Seafood should be given given the parking variance, 50 the company can continue to make full use of its property to process fish and benefit the community. Pacific Seafood provides valuable services to individual fisherman and Kodiak community as a whole: • An important market for our trawi vessels harvesting groundfish. • A viable seafood processor and the market of choice for a multi-gear type fleet — jig boat, longline, pot boats, trawlers, saimon seiners and set net fishermen. • Analternative market to the major processors,-offering competitive prices and good service to our fleet • A source of up to 80 processing jobs, stretching over a growing portion of the year. • Significant contributions to local tax .nevenues • A company active in the community supporting a wide range of community and civic events. • A company active in fisheries regulatory issues, supporting the sustained use of our fisheries. Strict enforcement of Borough parking standards.would require Pacific Seafood to provide 22 "Safeway-style" e" paddngspeces and associated access lanes; this would throw a wrench into the company's operations, create real safety hazards and likely force significant cuts in processing capacity. This in turn would take away a healthy portion of the contributions Pacific Seafood makes to the industry and the community. It is clear that improvements in the parking situation along SheUkof are needed. We ask you to grant Pacific Seafood the variance it has requested, and to instead start a broader process that will create real parking solutions in this area that is so critical to the Island's future. Best Regards, Robert L. Krueger, President Alaska Whitefish Trawlers Association Robert_Knever@alaskawhitcfiohtrmwlers.wrg pEcEovEn SEP 1 7 2012 11-ii COMMUNITY DEVELOPMENT DEF'ARTMENT �~�^ � « ~~+�� ao Sep 10 1212:39p Peter Thompson 907 486 2527 p.1 To: Kodiak Island Borough Planning Commission and Assembly From: Kodiak Residents who fish or support Kodiak's fishing Industry The Kodiak Island Borough recently filed a complaint against Pacific Seafood, demanding the company clear much of the space currently used for outdoor fish processing activities and instead use these areas for parking. This requirement is impractical, unfair and harmful to the island's fishing industry and Kodiak in general. Pacific Seafood should be given a parking variance, so the company can continue to make full use of its property to process fish and benefit the community. We understand Borough regulations require certain amounts of on -site parking for fish processing and other businesses along Shelikof. However, in practice few if any of the businesses in this area actually meet these standards, either because the businesses are "grandfathered" or the rules are simply not enforced. Singling out one processor for enforcement of rules not applied on other similar businesses is unfair and unnecessary. Pacific Seafood provides valuable services to individual fisherman and Kodiak community as a whole: • A viable seafood processor and the market of choice for a multi -gear type fleet —jig boat, iongline, pot boats, trawlers, salmon seiners and set net fishermen. • An alternative market to the major processors, offering competitive prices and good service to our fleet • A source of up to 80 processing jobs, stretching over a growing portion of the year. • Significant contributions to local tax revenues • A company active in the community, supporting a wide range of community and civic events. • A company active in fisheries regulatory issues, supporting the sustained use of our fisheries. Strict enforcement of Borough parking standards would require Pacific Seafood to provide 22 "Safeway - style" parking spaces and associated access lanes; this would throw a wrench into the company's operations, create real safety hazards and likely force significant cuts in processing capacity. This in turn would take away a healthy portion of the contributions Pacific Seafood makes to the industry and the community. ft is clear that improvements in the parking situation along Shelikof are needed.. Pacific Seafood should play a role in finding and implementing these solutions. But forcing excessive parking standards on this one company simply takes away processing capacity and jobs. This makes no sense. We ask you to grant Pacific Seafood the variance it has requested, and to instead start a broader process that will create real parking solutions in this area that is so critical to the Island's future. E6GUNlG li SEP 1 7 2012 D COMMUNITY DEVELOPMENT DEPARTMENT Qp�M+er COMMO,+ 033dk ICIP �� -_- CHAMBER OF �� .��l�� P 1 K E CROWN SPONSORS ALASKA AEROSPA CE coRpoRAboi Kodiak Island Borough 100 E. Marine Way, Suite 300, Kodiak Alaska 9962G°(9O7) 406-5657" FAX: (907 ) 406-7605 mww.k6diuk'org ° Email: c6um8 September 5, 2012 Kodiak Island Borou: - • lanning Commission a d Assembly 7lO Mill Bay Road `~------' Kodiak, AK 99615 Dear Committee, The Kodiak Island Borough recently filed a complaint against Pacific demanding the company clear much of the space currently used for outdoor fish processing activities and instead use these areas for parking. This requirement is i /practica unfair ancl harmful to the island's fishing industry and diak in general. Pacific Seafood should be given a parking variance, so the company can continue to rnake.fulI use of its property to process fish and benefit the community. We understand Borough regulations require certain amounts of on-site parking for fish processing and other businesses along SheikUf Hovveve�inpract�efexvK any ofthe bu�nessesintNs area actually nneetth standards, either because the businesses are "grandfathered" or the rules are simply not enforced. SingIing out one processor for enforcement of rules not applied on other similar businesses is unfair and unnecessary. Pacific Seafood provides valuable services to individual fisherman and Kodiak community as a whole: • A viable seafood processor and the market of choice for a multi-gear type fleet — jig boat, longtine, pot boats, trawlers, saimon seiners and set net fishermen. • An akernative market to the major processors, offering competitive prices and good service to our fleet w A source of up to 80 processing jobs, stretching over a growing portion of the year. • Significant contributions to Iocal tax revenues • A company active in the community, supporting a wide range of community and civic events. • A company active in fisheries regulatory issues, supporting the sustained use of our fisheries. Strict enforcement of Borough parking standards would require Pacific Seafood to provide 22"S |e" parking spaces and associated access lanes; this would throw awrench into the company's Qperations, create real safety hazards and likely force significant cuts in processing capacity. This in turn would take away a healthy portion of the contributions Pacific Seafood makes to the industry ancl the community. We need tong term solutions such as: Dedicated to Kodiak's Economic Future 1. Deve|opandincorpVratea"Seafoo6Procassing Zone" in regards to Borough or City ordinances along Shelikof that encompasses the needs of processors while recognizing the needs of all stakeholders on both sides of the street. This would address the economic needs of the industry and biend with regulatory comptiance matters/ordnances that would enhance the growth and development of the industry 2. Evaluate parking needs for the Shelikof corridor and look for a long term solution (i.e. dedicated pr�cess�r parking with shuttle bus) 3. Support installation of bulkhead parking from the ramp across from Harborside to the breakwater (similar tothe bulkhead across fromSUttfff's) to alleviate parking �omShe|ihof—gain�nanda| support from our legislative representatives. It is clear that improvements in the parking situation along Shelikof are needed. Pacific Seafood shoutd play a role in finding and'imop|enlendng these solutions. But forcing excessive parking standards on this one company simpty takes away processing capacity and jobs. This makes no sense. We ask you to grant Pacific Seafood the variance it has requested, and to instead start a broader process that will create real parking sOIujiOfT in this area that is so critical to the lsland's future. ' /�inoar�|/ � — . ' / / / .`__, / . , / Knight Chainber Preside End a AFTER THE COMMENT DEADLINE \ 2,2 SUBMISSIONS 09/05/2012 07:58 FAX, Canon MK Enterprises, LLC 000voo P.O. Box 2338 Kodiak, AL 99615 Fax 907-486-5553 Phone 907-486-5538 Sept. 3, 2012 To: Community Development Dept. Case : 13-006 As a property owner with in the Public Hearing Notice area we are in favor of granting the variance request for several reasons; the issue of parking on Shelikof St. is less of an issue then 5-10 years ago. We had grandfathered most canneries and businesses on the off street parking issue in the 80's, the only thing added to increase parking has been the addition of water front parking on the north side of the harbor ramp. As for canneries their employees either car pool, walk, ride bikes or take cabs and I feel they have minimized the impact on parking almost single handedly when you take into account there's probably 4-600 active cannery workers at any given day along Shelikof. We have businesses which have no off street parking available to them as their building foot print takes up their entire lot, but there grandfathered and a possible parking problem becomes the burden of the few property owners which have room for economic expansion which increases our tax base. I feel we should be allowing the majority of parking to be considered on street for all the businesses along Shelikof St. and if you really look at it, it already is and if it is a problem it is taking care of itself. Again lets work with the remaining property owners which have the ability for expansion because they are in the minority and it is in the best interest of all. Sincertly, Kevin Arndt MK Enterprises, LLC SEP -52012 COMMUNITY mamma DEPARTMENT Downtown Parking I am opposed to any variance allowing a reduction in the required parking spaces. Downtown parking is at a premium. The one hour parking in front of the Harbor Building is abused daily. Retail customers cannot park in front of establishments to do business. The private parking lot assigned to my building is constantly being utilized by Pacific Seafood employees as shown in the photos below. Harbor Building parking lot utilized by Pacific Seafood's employees. Different day, same problem with use of private parking lot. Same problem different day. Cannery vehicles in one hour parking. I had to call the city police to get these vehicles to move. My retail customers had no direct access to my retail space. ECEOVE SEP - 4 2012 COMMUNITY DEVELOPMENT DEPARTMENT ' VI • .1, .• KODIMC ISLAND BoRouG EvELopmENr EPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 , , (907) 486-9363 Public Hearing Item 7-A August 7, 2012 Iv PUBLIC BEARING NOTICE A public-hearing will be held on Wednesday, September 19, 2012. The'mileting will begin at 6:30 p.m in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska, before the Kodiak Island Borough Planning and Zoning Commission, to hear comments if any, on the following request CASE: APPLICANT: AGENT: REQUEST: LOCATION: ZONING: 13-006 Island Fish Company, LLCJPacific Seafood Kodiak John Whiddon, General Manager A Variance, per KIBC 17.195, reducing the required off-sticet parking from •-22-spaces U2-10 spacesi according to-MC 17;4.75.040:. - - — - — 317 SheRof Street - I-Industrial . Al ivei.-rf--4 077/ere . .1-04,44- - iltes i,%-c---SS' - - ev--,ti 7-- "pi , - -- . - . . SEP - 4 2 21 . . . ... ._ . .. .. . .. - . ._._. , .. ... =MU NITY DFVFI CIP_WIFNT ITPARTMFAIT This notice is being sent to. you because our records ,indicate you are a property ownerrmterestcd party in the area of the request. If you do notwish to testify verbally, you may provide yciur comments in the space below or in a letter to the Community Development Department. Written comments mast be received by 5 pm, September 4. 2012 to be considered by the commission. If you would like to fax your comments to us, our fax number is: (907) 486- 9396 or you may email them to ssniith@kodiakak.ui. Hyatt would like to testify via telephone, please call in your comments during the appropriate public hearing section of thimeefing. The local call-in telephone number is 486-3231. .:. . • • . . . . . One week prior to the regular meeting, on Wednesday, September 12,2012, a work session will be held at 6:30 p.m. in the Kodiak Island Borough Conference Roorn (#121), to review the packet material for the case. Kodiak Island Borough Code provides you with specific appeal rights if you disagree with the Commission's decision on this request If you hive any questions about the request or your appeal rights, please feel free to call us at 486-9363. Your Name: d/Z/ Cf Z-pgy.s,"9-4.1, - Wiling Address: 440 ,..5.'44-4_,,;G 57 --- , , Your property description: .41/-.43414 /4/.0,-..61/4/Z C-4 Comments: -77/4"-- /24421.-.:4-7 "Ar .5'.i/-e-:, S-77 'IA-J. ,e74-Ct5 ii:, er /4 a.,,f2&79-.5/ AI : :yt . ,....S ha.....p ,S-011,4017.S / 724-e--/ i'" c - c 4 •P‘i 41,-S- 1 0.....z.n.27 Ses/L..--.4.-/ . _ ErFP-a- 77441view4 142 7*71-, p,,,,..4_,,,„ J,4-a_e7.9- 41#7 .•.-p-re__c_ / 7 -7?./a>;,-- -..--, --w,#- - 5,-..;;;;:,.-5- "A4,/ - Current Location 317 Shelikof Street P&Z. Case 13 -006 Island Fish Company, LLCI: Pacific Seafood Kodiak Request a Variance, per KIBC 17.195, reducing the required off - street parking from 22 spaces o1.0 spaces, according to KIBC 17.175.040: Kodiak island • Borough GIS Legend Subject Parcels .. -Notification `Area: 3 KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT i EPARTYIENT 71014ill Bay Road, Kodialc, Alaska 99615 (907) 486-9363 August 7, 2012 Public Hearing Item 7-A PUBLICHEARINGNOTIQ A public hearing will'be held on Wednesday, September 19;2012. The meeting will begin at 6:30 p:m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska, before the Kodiak Island Borough Planning and Zoning Commission, to hear comments if any, on the following request: CASE: APPLICANT: AGENT: REQUEST: LOCATION: ZONING: 13-006 Island Fish Company, LLC/Pacific Seafood Kodiak John 'Whiddon, General Manager A Variance, per KIBC 17.195, reducing the required offb[icet parking from --22- spaces V-10 spacesiaccoiding te-K4BC • 17:175.040.-- - - - - -- 317 Shehlcof Street I-Industrial This o ce is being sent to you because our records indicate you are a property owner/interested party in the area of the request. If you do riot•Wish to testify verbally, you may provide your comments in the space below or in a letter to the community Development Departnient Written comments must be.received by 5 fm., September 4 . 2012 to be considered bv the commission.(Ifyou would like to fax your comments to us, our fax number is (907) 486- 9396 or you may email them to ssmithekcidiakak.us. Hypo ,would like to testify via telephone, please C211 in your comments during the appropriate public hearing section of the meeting. The iiiial call-in telephone number is 486-3231. . . . One week prior to the regular meeting, on Wednesday, September 12, 2012, a work session will beheld at 6:30 p.m. in the Kodiak Island Borough Conference Room (#121), to review the packet material for the case. ' Kodiak Island Borough Code provides yOU with specific appeal rights if you disagree with the Commission's decision on this request. If you have any qUestions about the request or your appeal rights, please feel free to call us at 486-9363. . . Year Name: A Aivo"Y ,./Vt) 1" Mailing Address: • lag- e IEL/)&Oi ...6 - . . Your property descriplion: .4/./FT cD(.17-Pre.....0 . . ., omments: 741.5.AZ Alq /Q I- ig_V,10 Y -.. 1D 6 ,v) 19 64/7 /6>RG e 4E-rikr . 0 A) -0-/ ( )14.0)--f ,(r 4/) 7-)-./ Aq RR 1. i 1/ , 7-A0J 14/00 .I. Y .-. - 4 . ■ , lir ...../ .. „ .. .. . . ... .. .... ..._ . ... , .... . .... EC Ell .... V E , . ... __ • . ..,... • . . . . . ._ .. .. . , .. :, . • ., . _ . . . s Ep 7, 4 ' 2012 . . - • GamuNITY DEVELOPMENT DEPARTMENT - _ . . • ._ " .. . .. _ • . ' Current Location 317 Shelikof Street P&Z_Case 13 -006 island Fish Company, LLCI. Pacific Seafood Kodiak Request a Variance, per KIBC 17.195, reducing the required off -street parking from 22 spaces to 10 ;spaces, according to KIBC- 17:175.040. 11 3p1 Kodiak Island Borough `GiS Feet 0 170 340 650 Tlbs map was prepared from the KOQek tslanW Bmeugh's GIS.System. 111s pmvtded For the purynse This map does not represent a survey. Mom information about the mapping data ran be obtained by confadng egend Subject Parcels Notification Area �iaein em Kodaah Wand_ Baougn. 1T Department at (907)48643 Au 7;2012 KODIAK ISLAND ()ROUGH DEVELOPMENT EPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 (907) 486-9363 m�. lic.Hearing Item 7 -A PUBLIC HEARING NOTICE A publichearing will be held on Wednesday,September 19,2012. The meeting will begin at 6:30.p.m: in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska, before the Kodiak Island Borough Planning and Zoning Commission, to hear comments if any, on the following request CASE: APPLICANT: AGENT: REQUEST: . LOCATION: ZONING: 13 -006' Island Fish Company, LLC/Pacific Seafood Kodiak John Whiddon, General Manager A Variance, per KIBC 17.195, reducing the required off-street par -22 spaces V. -10 spaces, -a o d:ng to -K-IBC 17475.040. -- 317 Shelilcof Street I- Industrial g This notice is being sent to you because our records indicate you are a property ownerrmterested party in the area of the request. If you do notwish to testify verbally, you may provide your comments in the space below or in a letter to the Community Development Department. Written comments must be received by 5 um, September 4. 2012 to be considered by the commission. If you would like to fax your comments to us, our fax number is: (907) 486- 9396 or you may email them to ssmithekodiakak.us. If you would like to testify via telephone, please call in your comments during the appropriate public hearing section of the meeting. The local call -in telephone number is 486 -3231. One week prior to the regular meeting, on Wednesday, September 12, 2012, a work session will be held at 6:30 p.m. in the Kodiak Island Borough Conference Roam ( #121), to review the packet material for the case. Kodiak Island Borough Code provides you with specific appeal rights if you disagree with the Commission's decision on this request If you have any questions about the request or your appeal rights, please feel free to call us at 486 -9363. /� Your Name: �� i'e g i__ ' Mailing Address: , .32 S 11 �-f- KU - /n�( /�A Yonr property description: 2 EKv -sew a I.iJS.s.1(ES' S a/4 S rl�'L.F „7 "' /� Comments: a Y 0 N "C)- -r L3 S i'1 - • C0 �7rC5'� 7.14-E g :/. - -(�/4) s' z n 9- A l L /1-- . rytere e_ .e Ly �- pucT.:5.0 c3 xp 3E. p e- 4/ d� .�� A 6c,�.s s , y .� S E P - 4 2012 .'..� COMMUNITY UEUEI OPMFNT fFPARTMFNT Current Location 317 Sheliikof Street P&Z Case .13-006 Island Fish Company, LLC/ Pacific Seafood Kodiak Request- a Variance, per KIBC 17.19.5, reducing the required off- street parking from 22 spaces to 10 spaces, according to KIBC 17.175.040 • . - - Kodiak sland- Borough'-GIS Feet.. 0 770` -:: -- 340 680 Legend _ Subject Parcels Notification Area This snap was prepared from me nem Island Borough Gid System' LL IS piUi lded for the purpose aistra ing me general Iocasion ore property wedeln the tmcrali Island Borough. Ths n p does not represent a survey. More infomation about the mapping data can be obtained by conladmg the Kodak Island Borough R Qepasheent at (907)4869333. KODIAK ISLAND BOROUGH 0 EYELOPMENT DEPARTMENT August 7, 2012 710.Mill Bay Road, Kodiak, Alaska 99615 • (907) 486 -9363 . Public Hearing Item 7 -A A public ' hearing will be field_ on-Wednesday, September 19, 2012. The meeting will begin at 6:30 .p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska, before the Kodiak Island Borough Planning and Zoning Commission, to hear comments if any, on the following request: CASE: APPLICANT: AGENT: REQUEST: LOCATION: ZONING: 13 -006 , Island Fish Company, LLC/Pacific Seafood Kodiak John Whiddon, General Manager A Variance, per KIBC 17.195,: reducing the required off-street parking from 22 spaces V -10 spac -es; according to -K1BC 177,175.040-.-- - -- -- 317 Sheli`Icof Street I- Industrial . This notice is being sent to. you because our records indicate you are a property owner!utterested party in the area of the request. If you do not'wish to testify verbally, you may provide your comments in the space below or in a letter to the Community Development Department_ Written comments Must be received'bv 5 pm, September 4. 2012 to be considered by the commission. Ifyou wouldlike to fax your comments to .us, our fax number is: (907) 486- 9396 or you may email them to ssmithakodiakak.us. If you would like to testify via telephone, please call in your comments during the appropriate public hearing section of the meeting. The loca_ l call -in telephone number is 486-3231. One week prior to the regular meeting, on Wednesday, September 12, 2012, a work session will be held at 6:30 p.m. in the Kodiak Island Borough Confe,enceRoom ( #121), to review the packet material for the case. Kodiak Island Borough Code provides you with specific appeal rights if you disagree with the Commission's decision on this request. If you have any-questions about the request or your appeal rights, please feel free to call us at 486 -9363. Your Name- /t A/ t go,„..-- Mailing Address: /Q / r S f !*i✓ Pei) o ✓" - Your property description: ,p 647 hot 4 o✓ $:4# C ' Comments: f'E}rk; *71 ie 6a ir "I s6,11 yak 1 q- /— Al d /'Cr+ c4 L ,g/,'y- "o4 i'41,- /Gi (.✓, // a4 L,rt wee I ,t21 �. C,r, - .7r7 c;� /'�,i 4.�ti�.r� /rf srr�j - J /�l7� ©u /a CT )s 4-lh° A-Jy bei t. y � rJ �p 4 �e rhk // -4 CM/J.-CRY Oa" •ej' 5iJ' coc/tC,.ly Pe-1"-C Qssar Pte`c,` 10-)o4 /1 e--/y e-4-,.+ Se MA a s-e r -a L /e/,-, s- 0 f e-e D > J— r°"✓ L.,.e /vett, -fa . ---1. Pii-r1 e— Mq lam`' % /�/ ivri-- 1i ke 4e. SS - -✓p -w•- c-7n /-/ -. a✓Nere 7.2/ (:) jai ,/7 Lgec -10 ta,'� - SEP .4.2W2 " _. CUWiMuNITY DEVELOPMENT DEPARTMENT Current Location 317 Shelikof Street P&Z Case 13-006 Island Fish Company, . LLC /, Pacific Seafood Kodiak Request a Variance, per KIBC 17.195, reducing the required off-street parking from 22 spaces to 10 spaces, according to KIBC 17.1 75.040. 11 Kodiak Island Borough GIS Feet 0 _ 170. 340 6E0 Legend Subject Parcels. Notification Area This map eras prepared from me Kodiak Island B eeugfs GIS System Iris prorkle d rre the purpose of z1m h1g the general location of a progeny within the timbals Island Borough. This map does not represente survey. More orfomotion about the 'napping data CM be obtained by oonladm9 the Kodak Island Borough IT Depadmerd of (907) 486.9333 KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710Mi11 Bay Road, Kodiak, Alaska 99615 (907) 486 -9363 August 7, 2012 Public Hearing Item 7 -A PUBLIC A ING NOTICE A public, hearing will be held on Wednesday, September 19, 2012. The meeting will begin at 6:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska, before the Kodiak Island Borough. Planning and Zoning Commission, to hear comments if any, on the following request: CASE: APPLICANT: AGENT: REQUEST: LOCATION: ZONING: 13 -006 Island Fish'Company, LLC/Pacific Seafood Kodiak John Whiddon, General Manager A Variance, per RISC 17.195, reducing the required off-street parking from -- spaces tQ -10 spaces; according to-MI3C 17z175.040:- _ _ .- ....__. 317 Shelikof Street _. I industrial - This' notice is being sent to. you because our records indicate you are a property ownerrmterested party in the area of the request. If you do not wish- to testify verbally, you may provide your comments in the space below or in a letter to the Community Development Department_ Written comments must be received by 5 pm. September 4. 2012 to be considered by the commission. If you would like to fax your comments to us; our fax number is: (907) 486- 9396 or you may email them to ssmith(n)kodiakak.us. If you would like to` testify via telephone, please call in your comments during the appropriate public bearing section of the meeting. The local call-in telephone number is 486 -3231. One week prior to the regular meeting on Wednesday, September 12, 2012, a work session will be held at 6:30 p.m. in the Kodiak Island Borough Conference Room ( #I21), to review the packet material for the case. Kodiak Island Borough Code provides yon with specific appeal rights if you disagree with the Commission's decision on this request If you have' any questions about the request or your appeal rights, please feel free to call us at 486 - 9363.. ` Your Name: fy a .+1 1-0-es 1..-� f 11 Mailing Address: / ` .D• /i oX 'IC 5 " Your property description: /C-0a. r c(k X IL 9.y6 %r nnn l - comments: "141.5' '- I ( r v a ' S �0/",P( n J 5 1 y Dot 9 171,-,' 7 e S j 1 ') 5;5 a ✓'P ow 110 v-a an r khan 1 Gt 1 sr a,1 1'S bort...AA. rya vi froz i (.co'M 0 - - SER -- 4 2012 •, -_.....- . ... _ COMMUNITtrnn/FU3PMENT-DEPARTMENT - Current Location 317 Shelikof Street P&Z Case 13 -006 Island Fish Company, .LL Pacific Seafood Kodiak Request .a Variance, per KIBC ,17.195, reducing the required off - street parking from 22 s_ paces to 10 spaces, according to [(IBC 17:175:040. Kodiak Island .Borough.GIS; This map urns prepared hem me Kotrak LSland Borough's 613 System. tt is provided for me purpose of showing the general location ofa property rwlUrin the Kodak Island Borough. This map does not represent a survey. More infomaton aboutthe mapping data can be obtained by =bang the Kodak !sbnd Borough R Department at (967) 688.9333 KOO MEC ISLAND BOROUGH COMMUNITY UMT DEVELOPMENT EPART ENT 710 Mill Bay Road, Kodiak, Alaska 99615 (907) 486 -9363 August 7, 2012 Public Hearing Iteni 7 A PUBLIC. HEARING NOTICE A public hearing will be held on- Wednesday; September" 19, 2012. The meeting will begin -at 6:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska, before the Kodiak Island Borough Planning and Zoning Commission, to hear comments if any, on the following request CASE: APPLICANT: AGENT: REQUEST: LOCATION: ZONING: 13-006 Island Fish Company, LLC/Pacific Seafood Kodiak John Whiddon, General Manager A Variance, per KIBC- 17.195,.reducing the required off-street parking from - 22 spaces t2-10 spaces, - according to-1213C 17-:175.040: - - _ 317 Shelikof Street I- Industrial This notice is being sent to you because our records indicate you are a property owner /interested party in the area o the request. If you do not'wish.to testify verbally, you may provide your comments in the space below or in a letter to the Community Development Department Written comments must be received bv 5 pm. September 4 . 2012 to be considered bv the commission. If you would like to fax your comments to us, our fax number is: (907) 486- 9396 or you may email them to ssmith()a.kodiakak.us. If you would like to testify via telephone, please call in your comments during the appropriate public bearing section of the meeting. The local call-in telephone number is 486-3231. One week prior to the regular meeting, on Wednesday, September 12, 2012, a work session will be held at 6:30 p.m. in the Kodiak Island Borough Conference Room (#121), to review the packet material for the case. Kodiak Island Borough Code provides you with specific appeal rights if you disagree with the Commission's decision on this request If you have any questions about the request or your appeal rights, please feel free to call us at 486 -9363. Your Name: z .2-.4,, Mailing Address: ,-,..q /$ /174 ' re,. iii Your properly deseriptio Fit.4, t/ Comments: ` a f / rf J /7 /.1 /��r�/ / t 4h "a (--) 9 / ,r / -Z` /.1. // // 4 r•ze• 4Ar� ? < 4l',,S /r/ //J re,,Gl 1JT/ / /aVr. - ' A / YM/ e � fP Geii— SEP - 4 .2012 .J COMMUNITY DEVELOPMENT DEPARTMENT . ..- ... Current L:ocatfion 317 Shelikof Street P&Z Case 13-006 Island Fish Company, .LL:G/ Pacific Seafood Kodiak - Request a Variance, per KIBC 17195, reducing the required off - street parking from 22 spaces to 10 spaces, according to KIBC 17.175.040'. Feet 0 170 340 __Legend Subject Parcels Notification Area This amp Gras prepared from me Kodiak Wand Borough's GIS System. tt is provided for the purpose ofseo ing the general bcafion of a property Mean tha Mark Wand Borough. This map dons not represent survey. More information about the mapping data can be obtained by =dating the Kodak island Borough if Department at (91714SCal 3. • KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT , 710-Mill Bay Road Kodiak, Alaska 99615 (907) 486-9363 August 7, 2012 Public Hearing Item 7-A PUBLIC HEARING NOTICE A public hearing will be held on Wednesday; September 19, 2012. The Meeting will begin at 6:30 p.m: in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska, before the Kodiak Island Borough Planning and Zoning Commission, to hear comments if any, on the following request: CASE: ' APPLICANT: AGENT: REQUEST: - — LOCATION: ZONING: 13-006 Island Fish-Company, LLC/Pacific Seafood Kodiak John Whiddon, General Manager A Variance, per KIBC -17.195,,reducing the required off-street parking from - 22-spaces W_-10-spacesTaccording-to-KIBC — — — - 317 Shelikof Street This notice is being sent to you because our records indicate you are a property owner/interested party in the area of the request. If you do not Wish t� testify verbally, yon' may provide your comments in the space below or in a letter to the Community Development Department. Written comments must be receivedbv 5 pm, September 4, 2012 to be considered by the commission. If yon would like to fax would of . review ,the Mailing your Comments to,us, our fax number is: (907) 486- like.to testify via telephone, please call in your thimeeting. The local call-in telephone number is 12, 2012, a work session will be held at 6:30 p.m. the packet material for the case. appeal rights if you disagree with the Commission's request or your appeal-rigjns, please feel free to call us . Address: ?1611 ,Or..* io63- 9396 or you may email them to ssmithakodiakak.us. If you comments during the appropriate public hearing section 486-3231. , One week prior to the regular meeting, on Wednesday, September in the Kodiak Island Borough Conference:Room (#121); to Kodiak Island Borough Code provides you with specific decision on this request. If you have any questions about at 486-9363. Your Name: 0 id A-040 gr-c . Your property description: Pp/ 241/10,- 5-3? -4 3 ig . . . Comments: . 02. -4... ' .41 / ...._ P i. .1 - _ 1 A A A rjimmi gr.di - NIP" it MiliffirrArldirin--- 4 P 1 r __ 49 1 j • I 14)0 # I • . • ' _ . 'Th. : .. , • C E 11 V ., SE -4 NV .1 . . . . - • . . . ' . _ , • '' = . COMMUNITY DEVELOPMENTAPARTMENT ." . .. . _ , ; • . . • - — . , . .. - - . • . . , _. .. Current Location 317 Shelikof Street P &Z Case. 13 -006 Island Fish Company, LLC Pacific Seafood Kodiak Request a Variance, per KIBC 17.195, reducing the required off- street parking from 22 spaces to 10 spaces, according to KIBC 17.175.040. Kodiak Island Borough GIS 0 170 1 — 1 'Feet 340 I —..--I 1 6 I Legend Subject Parcels Notification Area • .i:'ie ;,�r� This map was prepared from the Kodiak Island Borough's GIS System. It is provided for the purpose of showing the'generat Iodation of a property within the Kodiak Island Borough. This map does not represent a survey. More information about the mapping data can be obtained by contacting the Kodiak island Borough IT Department at M7)438-9333. ' KO IAK ISLAND ilk °ROUGH - COMMUNITY IDEWLOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska. 99615 , (907) 486-9363 Public nearing iiem 7-A Angust 7, 2012 PU131, C AXING- NOTICE A public' hearing will be held on Wednesday, September 19, 2012. The meeting will begin at 6:30 pan. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska, before the KOdiak Island Borough Planning and Zoning Commission, to hear comments if any, on the following request': CASE: APPLICANT: AGENT: REQUEST: LOCATION: ZONING: J3-006 Island Fish Company, LLC/Pacific Seafood Ko John Whiddon, General Manager A Variance, per KIBC 17.195, reducing the r -22-spaces V-10 spacesF according to-KIBC 17:175. 317 Shelficof Street — I-Industrial ECIEEIVE. ff-at pa4cirm COMMUNI1Y DEVELOPMENT DEPARTMENT This notice is being sent to. you because our records indicate you are a property ,ownerfunerested party in the area of the request. If you do notwish to testify verbally, you may provide your comments in the space below or in a letter the Community Development Department. Written comments must be received bv 5 pm. September 4. 2012 to be considered bv the commission. -if you would like to fax your comments to us, our fax number is: (907) 486- 9396 or you may email them to ssmithakodiakalc.us. Iiyno would like to' testify via telephone, please call in your comments during the appropriate public hearing section of the meeting. The-local call-in telephone number is 486-3231. One week prior to the regular meeting, on Wednesday,,September 12,2012, a work session will.be held at 6:30 p.m. in the Kodiak Island Borough Conferent*Room.(#12I), to review the packet material for the case. - Kodiak Island Borough Code provides you with specific appeal rights if you disagree with the CoMmission's decision on this request. If you have any questions about the request or your appeal rights, please feel free to call us at 486-9363. . . . . Your Name: 0)/8 I5/Of//R P t /A16-- .MailingAddress: Pas OS--7 kerfaiL Your property description: 3o2 5fr. 6.% iii-C -77-- _ Comm. f .i. iii - ..... - Am i ti . •/ .11 A 11WrilEMIIMINSTPIrIVIM I d t W - ■ A i , . A JO ..... ' ' i p 41 a A l 11.= ' -- - - C i f ; _1 ill MeligEW 1 ...-•• ... 10 b (Lial I 1 I fin I I r 4 e / I 4, • a 111, II' t 4' ' h A 1. 77 , P - ..i.; 0 or , , / .. _ . C7: .: rd , . . • _ ,.... .. 1 . - e. _ * 1,14-. ,. 1 6.:7 , P e, el , , , i›.._ • _ re5". rouicrals oil 0— v4t-' ide. , V1 Of. , ....- Al' A ' is '' i P WI ° t, r /0 .0 ft A 4: m14:" 4 IDIMINIMMIWIMMWARIMMIEMallriV ' 4' ce•-• so6ht Current Location 317 Shelikof Street P&Z Case 13 -006 island Fish Company, .L C /.. Pacific Seafood Kodiak :Request a Variance, per KIBC .17.195, reducing the required off- street parking from 22 spaces to 10 spaces, according to KIBC 17.175.040. r, r f? t , Y J :s •,�'dF b Y';',1:.';1(- fi ,3rtj 1 Kodiak Island Borough GIS Subject Parcels Notification Area This map was prepared fmm the KarGdx island Boroughs Gig System. 11 is provided for ere purpose or socmnng me general locarrou of a property pious die Knxliatc island Borough_ This map does not represent a survey. AAme in onnation about the trapping data ns n be obtained by mntandng the Kodak lsiarsd Borough it Department at MR) 46923.1. September 1, 2012 To: Kodiak Island Borough Community Development Department Re: Case: 13- 006 /Island Fish Company, LLC /Pacific Seafood Kodiak (IFC) From: Engine Room Supply 322 Shelikof Street Suite B Kodiak, AK 99615 We are very concerned about the request to allow a variance, per KIBC 17.195, reducing the required off - street parking from 22 spaces to 10 spaces on Shelikoff Street, and request that the variance be denied for several reasons. There are an insufficient number of parking spaces presently, along this section of Shelikof Street. Our employees must park on the street so that customers can park in the spaces provided on the building's property. We rent one of four businesses in this building, with one space available for our customers most of the time. On our side of Shelikof Street, 1-hour parking is allowed, and on the east side (the boat harbor side) 12 -hour parking is permitted. This means our employees are currently competing with drivers who work at businesses on Shelikof Street for parking. Should this variance be granted, there would be a great deal more congestion than already exists. Reducing the available parking will be a burden to existing businesses with a possible loss of revenue. Customers currently can't always find places to park and do not want to park illegally. They may take their business elsewhere, or online, should fewer spaces be available. This will make a bad situation worse. We would like to suggest that IFC provide shuttle service for its workers to get to and from the job, or incentives to workers who carpool. IFC could also use part of its own property for employee parking. There are solutions, other than granting this variance. Thank you, Charlie & Laurie Madsen Delivered electronically ECEINE InS L11.1 SEP - 4 ZO COMMUNITY DEVELOPMENT DEPARTMENT 1 • :e e 0-)1 5-3•(?-g .co Augugt 7, 2012 KODIAK ISLAND BOROUGH DEVELOP NT JEFARTMENT 710 Mill Bay Road, Kodiak, Alaska 996 5 (907) 486-9363 Public Hearing Item 7-A LIC HEARING NOTICE A-ptiblic hearing Will be held on Wtdtresday, September-19; 2012. The 'Meeting will begin at 6:30-p.m: in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska, before the Kodiak Island Borough Planning and Zoning Commission, to hear comments if any, on the following request: CASE: APPLICANT: AGENT: REQUEST: LOCATION: ZONING: 13,7090 T.5140Fish Company, LLC/Pacific Seafood Kodiak Joliiiiddon„ General Manager A.)eaiinn0,. per K1BC 17.195, reducing the required off-street parking from - -224acei W-10 spaces,- according to-KIBC 177175.040,-- -- - - - 317 She1iicof Street . This notice is being Sent to. you because ourrecords indicate you area pioperty owncrfrntcrstcd party in the area of the request,if you do, not.:7,yish to testify verbally, you may provide your comments in the space below or in a letter to the CoMmunitYJPeyejOinclnittepartmerit. Written comments must be received bv 5 um. September 4 . 2012 to be considerezI .1::,-i.":4,:?':;41=iiSSiOtt. If you would like to fax your comments to us, our fax number is (907) 486- 9396 or you may email tli 4 4-dssniithOliodiakak.us. If you would like to testify via telephone, please call in your comments during the appropriate public hearing section of the Meeting. The local' Call-in telephone number is .. 486-3231. . One■veek prior to the regular meeting, onWednesday,'September-I2, 2012, a work session will be held at 6:30 p.m. in the Kodiak Island Borough Conference Room (#121), to review the packet material for the case. .:;. Kodiak -Island Borough Code provides you with',Vecific appeal rights if you disagree with the Commission's b.-- decision on this request If you have any questions about the request or your appeal rig,hts, please feel, free to call us 4i,',484,363. . 34.0 lee„si)ssao.... vv.; . YrOir*Ue.": Oeit .1\5\111Ey '':-. Mailing Address: 110 J% ris Kok( ask_ ....:, Your property description: Comments: - • • We ,st--r , \I-Q Pc f4'.,1\'' ±c) .,,,,./. er \tC :Q f€ e._.,. ti3e.., NI k ''',,,,_-,ec_ce 6 io 40-y- 06.6E' sme,s .,.. . esili- . .... ... ... . .... . .. .„,.. _ ,1 ._ . , . -' 1. 2012 • 1. CEP , . . • . commuNtir D xt. !... tPRTMET _ _ .. . _., . ... _ .. .. _ . .. . . . . - . . . . ,. .„ . .... . . Current Location 317 Shelikaf Street P&Z Case 13-006 island Fish Company, LLC/ Pacific Seafood Kodiak Request a Variance, per KIBC 17.195, reducing the required off- street parking from 22 spaces to 10 spaces, according to `KIBC 17.175.040. • .. - . ' KI:).Dic,A,K ISIANT'D BOROUGH •. ' . ' • :CONINIUSITVDEVELOPMENT DEP:ART.IVIENT • . ..::, • ... .110 Min niej Itiied, Kodiak Alaska 99615 , .. . . . (901).486-9363 • . •.Angust 7 • 2012 • ' „ :. Publie Rearing IteM.7-A ' ' .'" ..... PUBLIC HEARING NOTICE . • . ' A public hearing will be heldon Wednesday; 'September .194012: llie•Meeting willTe gin at 6:30-p.m; tbe Borough Assembly Chambers, 710 Mill Bay Road, Kodiak4'Alaska, before the Kodiak Island Borough .Planning and Zoning Commission, to hear comments if any, on the •••.;••• following regnest . .' • . • • CASE: • :13466 . APPLICANT:. Fish Ornrpany, LLC/Pacific Seafood Kodiak AGENT: • John WhiddOn, GeikerallVlaniver 1EQUEST: A Variance, pal- KIBC.:I7.10, reducing the required off-street parking km, ......---:.--„•:22,spaecs."10.:spapes-caFpoOlggfte-715z1BC•11:1-75.04-01--- - ---- • s •--•• •*: LOCATION: Y17 .ShelikofSiTeet... ZONING:. • • • ". • • • • • 4 This notice is being sent to you because our records indicate YOU at a ImijliFtY ow/interested Puty m the area of the request. If you do not wish to testify y#1?ally: you &ay *vide your comments in the space below or in a letter to the Conummity DevelopmetirDepartitierkUrIttea comments 01,5Lbs_reseihred.by 5 rnw.Santembu 4. 2012 to be considered by the commisakin,.1f you would. like to fax your comments.to.Us‘. par fax number is: (907) 486 9396 or you May email them to ssmith@iodial`ak.us. Wm would like to teirtify;4atfilephoae, please eau in yoar comments during the appropriate public hearing section.ofthe 'Meeting. .ThitOipl 001-11i telephone number is 486-3231. • - • . .. . .. .. . . ..: One week prior to the regular meeting, cut*estnesdk.SepteMber 12,2012, a work session AI be held at 6.30 p m. in the Kodiak Island Borough Confereuce*Ma(#12i), to teView tile 001pin inetetiel.fei the eann. Kodiak Island Borough Code proviiles.:'YOU''witii* specific appeal rights if you disagree with the Cotimission's decision on this request If you have:anyqu'i?stions about the request or 3.Tnin.appeal rights,please feel free to Call us at 486-9363. . • X09/04/2012 13:28 425 -- 392 -1778 FEDEX OFFICE 5176 KODIA ' ISLAND BOROUGH COMMUNITY D VELOPMENT DEPARTMENT 710 Mi 1 Bay Road, ICodiak, Alaska 99615 (907) 486-9363 Public Hearing Item 7 -A August 7, 2012 PAGE 01 PUBLIC k FARING NOTICE A public hearing will be held on W 6:30 p.m. in. the Borough Assembly Kodiak Island Borough Planning as follow' I re ' uest: dnesday, September 19, 2012. The meeting will begin at Chambers, 710 Mill Bay Road, Kodiak, Alaska, be . •e the td Zoning Commission, to hear comments if , on the CASE: APPLICANT: AGENT: REQUiST.: LOCATION: ZONING: 13-006 • Island Fish Compiuy, LLC/Pacific Seafood Kodiak John Whiddon, G eral Manager A Variance, per C_ 17.1.9.5,_reducing. the ..recluired.of:street.parking from . 22 spaces ,g 10 s es, according to KIBC 17.175.040. 317 Shelikof Stre I- Industrial iy This notice is being sent to you because our the request. If you do not wisb to testify ve to the Community Development Departmcn to be considered by the commission. If y records indicate you are a property owner /interested party in the area of Bally, you may provide your comments in the space below or in a letter Written cOiMnentc must be received by 5 pm., September 4, 2012 would like to fax your comments to us, our fax number is: (907) 486- akak.us. if you would like to testify via telephone, please call in your 9396 or you may email them to %smith ct a,. comments during the appropriate public Baring section of the meeting. The local call -in telephone number is 4863231. One week prior to the regular meeting, on !edncsday, September 12, 201.2, a work session will be held at 6:30 p.m, in the Kodiak island Borough Conference R r Om ( #121), to review the packet material for the case, Kodiak Island Borough Code provides y• with specific appeal rights if you disagree with the Commission's decision on this request. Jfyou have any q •,, lions about the request or your appeal rights, please feel free to call us at 486 -9363. j� '�(� t b kS Lulls r br\k• Vour Diane: " _,, is `. s+t; . Msiting Addrees:. lib, Q 'QcJ €. \f . Zi4i2X_ Your property description: La. 2.0 A. * «A`2 %Kg Vail 1 to S \411, ►.'4 -,. _31933 , Comments: III 09/04/2012 13:28 425 - -392 -1778 September 2, 2012 FEDEX OFFICE 5176 PAGE 02 II,ELAND JAMES 1E15 LIEGE DRIVE HENDERSON, NEVADA 89012 425 - 652 -8571 Lelandjames71@yahoo.com Kodiak Island Borough Corjnmunity Development Department 710 Mill Bay Road .Kodiak, Alaska 99615 Re: Public Hearing Notice (September 19, 2012) Subject Case: 1.3 -006, Is1aid Fish Co. Pacific Seafood Kodiak Respondent Location: Lots120A and 19A -2, 3321334 Shelikof St. Dear Kodiak Island Borough Planning and Zoning Commission Members: I purchased the NAPA building at 332/ Shelikof St. in 1979. The building was originally builti in 1965 after the quake as the APEC auto parts store. APEC was they, the largest auto parts company in Alaska and had seven state wide locations. The owner was experiencing financial difficulties when I ,urchased the property. Since that time a number of tenants have occupied the building. A Mr. Dave Handel the current o er of Kodiak Auto Parts stepped up and purchased the business afte NAPA decided they wished to leave Kodiak eleven years ago. A the property owner and in order to facilitate the new tenant 1 as zed Northern Commercial to relocate their liquor store to give Dave more space. The other half of the building was then serving as a fishing supply store. Anyone who has ever done bjunsiness in the area knows that parking is a problem. .1 purchased adjac$ nt vacant land (Lot 19A-2) for additional parking to facilitate my changing tenant needs 1,2 years ago, giving me parking on both sides of the building, but still not enough for some users, a restaurant for instance, who have to look elsewhere. .4 09/04/2012 13:28 425 -- 392 -1778 FEDEX OFFICE 5176 PAGE 03 Having spoken before in front of your commission about a very similar issue a number of years agoiand understanding the problems 1 recommend the following points be considered in your final determination: 1. How many employee$ does Island Fish Co. (IFC) have? 2. How many company Vehicles does IFC have? 3. How many and how $ig are the businesses dumpsters? 4. How much parking area serves other uses, fish totes? 5. Where will the service trucks park for deliveries? 6. Where does the outgoing trucks park? 7. How much parking 4 set aside for visitors, handicapped? 8. Others in the area nod more parking. 9. How will your decisions affect other business in the area? 10. Are there alternative ?? Like purchase of adjacent Ursin site, or shuttle to other private, or public parking areas. We've all worked together itni the neighborhood over the years and sometimes we find some businesses growing beyond their boundaries. The Kodiak Brewery is an example and they have recently moved to a larger facility. As an owner/landlord for 33 years I've tried to assist small business make it worthwhile to locate in Kodiak, and remember that 1 brought my entire WO savings , in 1979, to Kodiak and invested in its future. While all businesses need tojjustify their existence with profit, it should not come at the expense of Other nearby owners and tenants. Thank you for giving the Napa Building owner and tenants an opportunity to voice their concerns. Sincerely, 5 Owner/Manager 09/04/2012 09:50 9074862662 TELEPHONE (907) 486 -5752 KODIAK MARINE SUPPLY PAGE 01/01 412 SHELIKOF AVENUE KODIAK, AK 99615 FAX (907) 4B6 -2662 Debra Davis, Kodiak Marine Supply Property description: 20A 9/4/12 To: Kodiak Island Borough Planning and Zoning Commission Re: Case 13 -006 There is currently not enough parking along Shelikof Ave. to accommodate the work force in the seafood processing industry. When the processors are working, all parking along Shelikof Ave. is used, from the boat harbor to city dock. Eliminating 12 more off - street parking spaces, as requested by Pacific Seafood Kodiak, will only increase this shortage. Please consider this situation when reviewing this variance request. Thank you. r August 30, 2012 THOMAS LORAN 410 SHELIKOF ST. KODIAK, AK 99615 Kodiak Island Borough Community Development Dept. 710 Mill Bay Rd Kodiak, AK 99615 sent via email to ssmith@kodiakak.us Re: Case # 13-006 Island Fish Company/Pacific Seafood Kodiak Dear Sirs; I am the owner of lots 19A-1A and 19A-2, also known as 410 Shelikof Street. This property is occupied by my company, Alaska Hydraulics, Inc. I am providing comments regarding Mr. Whiddon's request for a parking variance on Shelikof Street. Respectfully, I ask that this request NOT be approved. The parking situation on Shelikof Street is already a huge issue and escalating daily. The street parking is already over stressed. This causes customers of surrounding businesses to utilize my parking lot. Then, my customers and my employees cannot park in our own lot. Or..often have someone double parked behind them so they cannot leave. We have incurred expense in trying to control our parking lot for our customers and employees as well as made some town folk mighty upset when we ask them not to park in our lot or put a sign on their windshield. Please help us be good neighbors by not forcing us to have non-customer vehicles towed. Also, we are trying to be a part of the cannery row community, and are trying to get along with our small business neighbors by not chasing their customer's off any more than we have to. In these tough economic times we should all help our neighboring businesses as much as possible. I spoke with many of our neighbors regarding this issue and they are all having problems and are sorry that their customers invade our space. Many of them have also incurred expenses and have employees who have to come to work an hour early just to get a place to park. In addition, the situation has made Sheliko f unsafe to drive or walk. Our parking lot is the big "Shelikof U -Turn" for when people drive up and down the street looking for a parking space. People are pulling in to make a U -Turn, while we have a customer backing out and maybe a freight truck trying to deliver goods to my company or my neighbors. Many large trucks and delivery companies double park or block the road and tie up traffic. There is also a lot of pedestrian traffic and bicycle traffic. I have seen many near misses as many of the pedestrians are not paying attention or not following proper bicycle laws. As this community is already looking into how to make walking on Shelikof Street safer for ferry and cruise ship passengers, the parking situation should be taken in consideration for that effort. Just recently, the Kodiak Brewery moved and their parking space is now filled daily. Possibly this issue should be co- considered with the City government. Designating some parking spaces for a 1 -2 hour maximum, enforced by the City, is a possible partial solution. We all appreciate and respect what the canneries /seafood companies mean to this community; however, they need to take some responsibility as well. Find offsite parking with a shuttle perhaps? Thank you. Thomas Loran attachment • ir i,- !O': .•,'''..; : i',, '11 ' t; I. 'T`, .. :., '''t• ,i. ',1-1, -4 A ., •". f'"-g:T. V: i li .4\Pt U; • '''''''' , :•, . Current bacation'' ' ' - equest a5 anance;per-KIBC (t t. .... 317Shelikot Street , • 17:195, reducing the required ,.., .-,--.- r2,-,,,, .f:.I....k A• 9.,..,,,,k0.1,, A. 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To% Itakis, __ ..._ Kodiak_tsland...Bo.rougkGI.S.,,.,,LL,..:_, . ,, • • : , .. Legend ) ,, 14 ' ,, ,,a_ 1..,.. - ireiNiv Nrime5 L.. - Subject P6 Parcels r 1Notifi cation Area _ 41). •,.. ,. .. 170 ''.... ...19, .......,..) ; -...-.1.. -.,..... 1 Thla map was prepared troll die kodialt Island Borougfrs.G19 Sysgm. It Is piovided forlhe purpose of Showing the general loos* of a properly withfn the Kodiak Island BOrOugh, '. This map doesinot represent aisuryey,:More iniormation'aboul the mapping date :can' ba obtained by contacting the Kodiak Island Boiough'IT Department al(907) 486-9333. I . : -s. s ; -e ,4,45 -tit e - t': ri -s- LI -"i •-•••-i .-. ,. i 8.r. •s. t •• I-- ' — . i4 s • • • Sheila Smith From: Chris Beck <chris@agnewbeck.com> Sent: Tuesday, August 14, 2012 2:40 PM To: Duane Dvorak; 'John Whiddon' Cc: Bud Cassidy; Sheila Smith; jmaker@kodiakak.us Subject: RE: Notice of Variance I'm not sure what happened to this email, but here's a second try... Duane, Bud, Jack I'm heading over to Kodiak on this coming Wednesday, Aug 15, weather permitting. One reason is to check on our understanding that essentially all the other Shelikof Street fish processors and larger retailers are grandfathered and do not have to meet the parking standards being asked of Pacific Seafood. I'd like to go through the files and confirm that fact. If I understood correctly from jack, it should be relatively easy to determine which are grandfathered, and which aren't. I intend to spend most of the day walking the area, and I hope visiting with people who know the parking issues. Other than Borough staff, is there anyone you think it would be particularly useful to talk to? Duane, Bud - I'd also like a chance to check in in a more general way, on this parking variance issue (and out of curiosity, on the code revision process). Is there a good time to drop in, or perhaps go out to lunch? Hope things are well with each of you. Chris Travel info below: 45r-t114 Era Aviation 888 (Alaska Airlines 4888) Operated by Era Aviation k4"44.4-. Era Aviation 888 Depart Anchorage (ANC) Arrive Kodiak (ADQ) 9:50 am, Aug 15 11:00 am, Aug 15 Duration: lh 10m 1Distance: 2521% on-time: 76%1% late 30+ min: 9%1% cancelled: n/a, Aircraft: Bombardier Q2001Meal: None From: Duane Dvorak frnailto:ddvorak@kodiakak.us1 Sent: Tuesday, August 14, 2012 1:22 PM To: Chris Beck; 'John Whiddon' Cc: Bud Cassidy; Sheila Smith Subject: RE: Notice of Variance Chris, the last e-mail that I saw from you indicated you would be visiting on August 8th• I didn't see anything about a visit today until this latest e-mail. We should be in the office all day except between Noon and 1PM. --Duane 1 Duane Dvorak, Associate Planner' Community Development Department Kodiak Island Borough 710 Mill Bay Road Kodiak, Alaska 99615 (907) 486 -9362 ddvorak@kodiakak.us From: Chris Beck [mailto:chris©agnewbeck.coml Sent: Tuesday, August 14, 2012 12:44 PM To: Duane Dvorak; 'John Whiddon' Cc: Bud Cassidy; Sheila Smith Subject: RE: Notice of Variance Duane, Did you see my note about visiting tomorrow? Are you folks around for a short visit? Thanks CBeck From: Duane Dvorak [mailto:ddvorak©akodiakak.usl Sent: Tuesday, August 14, 2012 11:12 AM To: 'John Whiddon' Cc: Bud Cassidy; Chris Beck; Sheila Smith Subject: RE:. Notice of Variance John, Assessing records do correlate the names that you gave me with property parcels in the notice area. I have attached property cards and an annotated version of the public hearing notice map to show the details and location of each parcel. - -Duane Duane Dvorak, Associate Planner Community Development Department Kodiak Island Borough 710 Mill Bay Road Kodiak, Alaska 99615 (907) 486 -9362 ddvorak@kodiakak.us 2 Sheila Smith From: Duane Dvorak Sent: Tuesday, August 14, 2012 1:22 PM To: 'Chris Beck'; 'John Whiddon' Cc: Bud Cassidy; Sheila Smith Subject: RE: Notice of Variance Chris, the last e-mail that I saw from you indicated you would be visiting on August 8th. I didn't see anything about a visit today until this latest e-mail. We should be in the office all day except between Noon and 1PM. - -Duane Duane Dvorak, Associate Planner Community Development Department Kodiak Island Borough 710 Mill Bay Road Kodiak, Alaska 99615 (907) 486 -9362 ddvorak@kodiakak.us From: Chris Beck jmailto:chris@aagnewbeck.coml Sent: Tuesday, August 14, 2012 12:44 PM To: Duane Dvorak; 'John Whiddon' Cc: Bud Cassidy; Sheila Smith Subject: RE: Notice of Variance Duane, Did you see my note about visiting tomorrow? Are you folks around for a short visit? Thanks CBeck From: Duane Dvorak lmailto :ddvorak(akodiakak.us] Sent: Tuesday, August 14, 2012 11:12 AM To: 'John Whiddon' Cc: Bud Cassidy; Chris Beck; Sheila Smith Subject: RE: Notice of Variance John, Assessing records do correlate the names that you gave me with property parcels in the notice area. I have attached property cards and an annotated version of the public hearing notice map to show the details and location of each parcel. - -Duane Duane Dvorak, Associate Planner Community Development Department Kodiak Island Borough 710 Mill Bay Road Kodiak, Alaska 99615 (907) 486 -9362 ddvorak@kodiakak.us _. 1 Sheila Smith From: Chris Beck <chris@agnewbeck.com> Sent: Tuesday, August 14, 2012 12:44 PM To: Duane Dvorak; 'John Whiddon' Cc: Bud Cassidy; Sheila Smith Subject: RE: Notice of Variance Duane, Did you see my note about visiting tomorrow? Are you folks around for a short visit? Thanks CBeck From: Duane Dvorak imailto:ddvorak@kodiakak.usl Sent: Tuesday, August 14, 2012 11:12 AM To: 'John Whiddon' Cc: Bud Cassidy; Chris Beck; Sheila Smith Subject: RE: Notice of Variance John, Assessing records do correlate the names that you gave me with property parcels in the notice area. I have attached property cards and an annotated version of the public hearing notice map to show the details and location of each parcel. --Duane Duane Dvorak, Associate Planner Community Development Department Kodiak Island Borough 710 Mill Bay Road Kodiak, Alaska 99615 (907) 486-9362 ddvorak(&,kodiakak.us 1 Sheila Smith From: Bud Cassidy Sent: Tuesday, August 14, 2012 9:01 AM To: Sheila Smith Subject: FW: Notice of Variance Attachments: 13 -006 Mailing Labels.pdf; 13 -006 PHN Map.pdf From: Duane Dvorak Sent: Tuesday, August 14, 2012 9:01:22 AM (UTC- 09:00) Alaska To: 'John Whiddon' Cc: Bud Cassidy; chris @agnewbeck.com; Sheila Smith Subject: RE: Notice of Variance John, we have sent out the notice in accordance with the requirements of borough code. Specifically, KIBC 17.95.040 (Public Hearing and Notice), to wit: ..."The community development department shall send to each owner of property within a minimum distance of 300 feet of the exterior property boundary of the lot or parcel of land described in the application, notice of the time and place of the public hearing, a description of the property involved, it's street address, and the action requested by the applicant. For the purposes of this chapter, "property owner" means the land owner shown on the latest tax assessment roll. Notice shall also be provided in accordance with state law by legal publication in local newspapers." The department does deviate from the above code by sending out notices to 500 feet of the exterior lot boundaries rather than the minimum 300 foot distance prescribed. This is standard operating procedure for all public hearing cases in order to ensure that our technical minimum distance is met and to allow for the variation in lots size and density throughout the borough in the interest of a reasonable notice mailing. The mailing labels are obtained through the borough Geographical Information System (GIS) which matches the surrounding lots with the assessing data for each parcel. Owners and addresses are determined through this procedure and the department has no control over what address or name may be end up on the mailing list as a result of this process. Before the actual mailing the list of property owners is "de- duplicated" so that each property owner will receive only one notice for each case, even if they may own multiple parcels in the notice area. I have included a copy of the mailing list and accompanying map used to derive the notice list for your variance case. This map is typically included with the notice and these materials will also be published in the case packet. Without knowing the name of the person who contacted you it would be difficult to say exactly how they came to be notified. We do notify people at their address of record on file in the Assessing department so it is quite common for people to receive their notifications at postal boxes and home addresses outside of a public hearing notice area. Without more specific information regarding the alleged anomaly, a general explanation of the public notice process is the best we can provide at this time. If you would like a more definitive answer with regard to the alleged anomaly then please reply with the name and address in question and I will research the matter further. Along these same lines, it is not possible for staff to speculate how many other "non- affected" property owners may have received this same notice. If from the mailing list and map attached you perceive that there are other such anomalies please feel free to bring those anomalies to our attention as well. Respectfully, Duane Dvorak, Associate Planner Community Development Department Kodiak Island Borough 1 0 Mill Bay Road 'Kodiak, Alaska 99015 (907) 486-9362 ddvorak@kodiakak.us From: John Whiddon .conl Sent: Monday, August 13, 2012 5:29 PM To: Duane Dvorak Cc: Bud chhs(aaonewbeck.com Subject: Notice of Variance Duane 1 was informed by a resident who lives outside the City limits (Island Lake area), that he received a notice about our variance request. He does not own any property other than his home near lsland Lake. Is it normat procedure to send the variance notice to property owners who are not directly impacted by the variance request? 1 would like to know how many other "non-affected" property owners received this notice. Regards John John Whiddon 1 General Manager Pacific Seafood Kodiak 3l7SheUkof Avenue] Kodiak, AK89GlS t:907'486'85751 c:907-539-2973 e:ivxhiddon@pacseafood.conm 2 Sheila Smith From: John Whiddon <jwhiddon@pacseafood.com> Sent: Tuesday, August 14, 2012 11:17 AM To: Duane Dvorak Cc: Bud Cassidy; rchris@agnewbeck.corni; Sheila Smith Subject: RE: Notice of Variance Thanks Duane John Whiddon Pacific Seafood Kodiak t: 907-486-8575 j c: 907-539-2973 1. From: Duane Dvorak imailto:ddvorakPkodiakak.usl Sent: Tuesday, August 14, 2012 11:12 AM To: John Whiddon Cc: Bud Cassidy; 'chris@agnewbeck.com'; Sheila Smith Subject: RE: Notice of Variance John, Assessing records do correlate the names that you gave me with property parcels in the notice area. I have attached property cards and an annotated version of the public hearing notice map to show the details and location of each parcel. --Duane Duane Dvorak, Associate Planner Community Development Department Kodiak Island Borough 710 Mill Bay Road Kodiak, Alaska 99615 (907) 486-9362 ddvorak@kodiakak.us 1 Kodiak Island Borough; Alaska PROPERTY 15502 R Legal Description DBA B & C SUPPLY NEW KODIAK BK 3 LT 15 R1220030150 SITUS 324 SHELIKOF ST KODIAK, AK 99615 ti =:GENERAL UTILITIES ALL LAST APPR. TOPOGRAPHY LEVEL LAST APPR. YR ROAD ACCESS SHELIKOF LAST INSP. DATE ZONING BUS NEXT INSP. DATE NEXT REASON THREE YEAR CYCLE REMARKS P14O0ER7Y:APPRAISAL INFORMATION 2012,; OWNER ID ANDERSON MARK 2812 1124 STELLER WAY KODIAK, AK 99615 OWNERSHIP 100.00% WHR 2011 01/10/2010 BUILDING PERMITS ISSUE DT PERMIT TYPE PERMIT AREA ST PERMIT VAL SALE DT PRICE GRANTOR .,DEED INFO 01/03/2006 TURNER ESTATE ETWD / 2006 / 17 ACRES: .1200 1 1111111 31111 1111 1111 1111 1111 APPR VAL METHOD: Income SKETCH''for Improvement'#1'(COMMERCIAL) STORWH 2548 28 RTUOFC 1372 42 2Entltles 1 100% _ 100 100% 201 100% 300 100% 305 100% 469 100% CITY 100% OVER 100% SUED: NKOD 100.00% NBHD: IMPROVEMENT INFORMATION 14 TYPE DESCRIPTION MTHD CLASS /SUBCL AREA UNIT PRICEUNITS BUILT EFF YR COND. VALUE DEPR PHYS ECON FUNC COMP ADJ ADJ VALUE RTUO RETAIUOFFIC C 05/ 1,372.0 127.00 1 1974 1980 AVE 174,200 70% 100% 100% 100% 100% 0.70 122,000 STORWSTORAGE WARE C 05/ 2,548.0 62.26 1 1974 1980 AVE 158.600 70% 100% 100% 100% 100% 0.70 111.000 1. AUTO PARTS STORE AND W STCD: 3,920.0 Homesite: N 332,800 233,000 METAL BUILDING WITH FRONT RETAIL AREA AND REMAINDER WAREHOUSE AREA. Values IMPROVEMENTS LAND MARKET MARKET VALUE _ PRODUCTIVITY LOSS - APPRAISED VALUE HS CAP LOSS ASSESSED VALUE EXEMPTIONS '° 253,000 50,300 303,300 0 = 303,300 0 = 303,300 SUBD: NKOD L# DESCRIPTION 1. BUS 9999 Page 1 of 1 100.00 %. NOV: ' LAND INFORMATION !RR Weils 0 - Capacityr 0: CLS TABLE SC HS METH DIMENSIONS UNIT PRICE GROSS VALUE ASJ MASS ADJ VAL SRC SHELIKOF Al N SQ 5,405.0000 SQ 9.30 50,300 1.00 1.00 A IMPROVEMENT FEATURES IRRAcres 0 :- Od 1NeI1s: 0 MKT VAL AG APPLY AG CLASS AG TABLE AG UNIT PRC AG VALUE 50,300 NO 0.00 0 50.300 0 Effective Date of Appraisal: January 1 Date Printed: 08/14/2012 10:58:37AM by ASCLR1 True Automation, Inc. PROPERTY 15815 Legal Description KODIAK TWNST BK 19 LT 27A R1 3401 90270 SITUS 301 COPE ST KODIAK, AK 99615 GENERAL UTILITIES- LAST APPR. LAST APPR. YR 2010 LAST INSP. DATE 02/24/2010 NEXT INSP. DATE OWNER ID 3324 OWNERSHIP 100.00% TOPOGRAPHY ROAD ACCESS ZONING R2 NEXT REASON REMARKS The property is in overall average condition for the neighborhood. BUILDING PERMtTS ISSUE DT PERMIT TYPE PERMIT AREA ST PERMIT VAL 10/09/2009 RRPR 0 A 3,000 SALE DT 11/06/2009 PRICE :GRANTOR , DEEDINFO DUMM ETAL DONALDND / 2009 / 2146 OjtittY0PkAi6iLtiikiiitiviATioN.Ioi IYAKERdkAla THERESA P.O. BOX 8514 KODIAK, AK 99615 ACRES: .1 1 00 1 111 HAN 1111111111 111111111 1111 APPR VAL METHOD: Cost 23 19 HAS 786 21 SUBD: KODK 100.O0% NI3HD:KODK I00:00% . IMPROVEMENT INEpqn4TioN 1# TYPE DESCRIPTION NITHD CLASS/SUBCL AREA UNIT PRICEUNFS BUILT EFF YR COND. VALUE DEPR PHYS ETON FUNC BAS BASE AREA R 05/ 786.0 140.00 1 1948 1985 AVE 110,000 76% 100% 100% 100% 1. RES STCD: Al 786.0 Homesite: N 110,000 .SUBDI:.KOOK L# DESCRjPTION 1. SFR 9999 1 100% 100 100% 201 100% 300 100% 305 100% 469 100% CITY 100% OVER 100% 22 „ - COMP ADJ ADJ VALUE 100% 0.76 83,600 83,600 IMPROVEMENTS LAND MARKET MARKET VALUE PRODUCTIVITY LOSS - 83,600 38,400 122,000 0 APPRAISED VALUE 122,000 HS CAP LOSS 0 ASSESSED VALUE = 122,000 .AINIP:Ft9YEkEN:r.FEATU130. Exterior Wail 1 03 0 Interior Finish Roof Style 'Flooring Number of Baths Heating/Cooling Appliance Number of Bedrooms 1 01 0 1 01 0 1 04 0 1 1 0 1 10 1 SFAG 0 1 01 0 _ 0 100.00% NBHD:KODK 1 00.00% 'LAND 1111FORMATION IRR : IRR A6res. 0 : , - 'CLS TABLE S6 HS METH DIMENSIONS UNIT PH1'6EGROSSVALUE ADJ MASS ADJ VAL SRC MKT VAL AG APPLY AG CLASS AG TABLE AG UNIT PRC AG VALUE R2 ERSKN Al N SQ 4,646.0000 SQ 6,35 29,500 1.30 1.00 A 38,400 NO 0.00 0 Page 1 of 1 Effective Date of Appraisal: January 1 Date Printed: 08/14/2012 10:59:15AM 38,400 by ASCLR1 0 True Automation, Inc. Current Location 317 Shelikof Street P &Z Case 13 -006 Island Fish Company, LLC/ Pacific Seafood Kodiak Request a Variance, per KIBC 17.195, reducing the required off- street parking from 22 spaces to 10 spaces, according to KIBC 17.175.040. Kodiak Island Borough GIS 0 170 l Feet 340 680 This map was prepared from the Kodiak Island Borough's GIS System. It is provided for the purpose of showing the general location of a property within the Kodiak Island Borough. This map does not represent a survey. More information about the mapping data can be obtained by contacting the Kodiak Island Borough IT Department at (907) 486-9333. August 7, 2012 Kodiak Island Borough Community Development Department 710 Mill Bay Road Room 205 Kodiak, Alaska 99615 Phone (907) 486 -9363 Fax (907) 486 -9396 www.kodiakak.us Mr. John Whiddon Island Fish Co., LLC/Pacific Seafood Kodiak 317 Shelikof Street Kodiak, AK 99615 Re: Case 13 -006. Request a Variance, per KIBC 17.195, reducing the required off-street parking from 22 spaces to 10 spaces, according to KIBC 17.175.040. Dear Mr. Whiddon: Please be advised that the Kodiak Island Borough Planning and Zoning Commission has scheduled the case referenced above for Public Hearing at their September 19, 2012 regular meeting. This meeting will begin at 6:30 p.m. in the Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska. Attendance at this meeting is not mandatory but recommended. One week prior to the regular meeting, on Wednesday, September 12, 2012 at 6:30 p.m. in the Borough Conference Room ( #121), the Commission will hold a packet review work session for the purpose of reviewing packet materials and staff summaries of cases scheduled for the regular meeting. The public is welcome to attend the packet review work session; however, the work session is not for the purpose of receiving public testimony. Applicants who wish to present testimony and/or evidence related to their case should appear at the Public Hearing during the Regular Meeting and present such information in person. Please contact the Community Development Department at 486 -9363 if we can answer any outstanding questions or provide additional information. In advance, thank you for your cooperation. Sincerely, T Sheila Smith, Secretary Community Development Department KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 (907) 486 -9363 August 7, 2012 Public Hearing Item 7 -A PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, September 19, 2012. The meeting will begin at 6:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska, before the Kodiak Island Borough Planning and Zoning Commission, to hear comments if any, on the following request: CASE: 13 -006 APPLICANT: Island Fish Company, LLC/Pacific Seafood Kodiak AGENT: John Whiddon, General Manager REQUEST: A Variance, per KIBC 17.195, reducing the required off - street parking from 22 spaces to 10 spaces, according to KIBC 17.175.040. LOCATION: 317 Shelikof Street ZONING: I- Industrial This notice is being sent to you because our records indicate you are a property owner /interested party in the area of the request. If you do not wish to testify verbally, you may provide your comments in the space below or in a letter to the Community Development Department. Written comments must be received by 5 pm, September 4 , 2012 to be considered by the commission. If you would like to fax your continents to us, our fax number is: (907) 486- 9396 or you may email them to ssmith@kodiakak.us. If you would like to testify via telephone, please call in your comments during the appropriate public hearing section of the meeting. The local call -in telephone number is 486 -3231. One week prior to the regular meeting, on Wednesday, September 12, 2012, a work session will be held at 6:30 p.m. in the Kodiak Island Borough Conference Room ( #121), to review the packet material for the case. Kodiak Island Borough Code provides you with specific appeal rights if you disagree with the Commission's decision on this request. If you have any questions about the request or your appeal rights, please feel free to call us at 486 -9363. Your Name: Mailing Address: Your property description: Comments: • Current Location 317 Shelikof Street P &Z Case 13 -006 Island Fish Company, LLC/ Pacific Seafood Kodiak Request a Variance, per KIBC 17.195, reducing the required off - street parking from 22 spaces to 10 spaces, according to KIBC 17.175.040. Kodiak Island Borough GIS 0 170 Feel 340 680 This map was prepared from the Kodiak Island Borough's GIS System. It is provided for the purpose of showing the general location of a property within the Kodiak Island Borough. This map does not represent a survey. More information about the mapping data can be obtained by contacting the Kodiak Island Borough IT Department at (907) 486-9333. MARK ANDERSON 1124 STELLER WAY KODIAK, AK 99615 BJM, LLC P.O. BOX 993 KODIAK, AK 99615 LEIF BROCKMAN PO BOX 99 BLACHLY, OR 97412 ANDREW M DAVIS 2608 JODI CT MARENO VALLEY, CA 97555 MICHAEL HELLIGSO 318 W. REZANOF DR KODIAK, AK 99615 ISLAND FISH CO., LLC 317 SHELIKOF AVE KODIAK, AK 99615 CHARLES E & MARILYN JOHNSON 9310 LUNDEEN RD SW ROCHESTER, WA 98579 KODIAK INN HOLDINGS, LLC 236 W. REZANOF DR KODIAK, AK 99615 THOMAS KOUREMETIS PO BOX 1392 KODIAK, AK 99615 GEORGE LEE 171 OTTER AVE KODIAK, AK 99615 CRAIG BAKER P.O. BOX 8514 KODIAK, AK 99615 JEROME BONGEN LIVING TRUST PO BOX 392 KODIAK, AK 99615 CITY OF KODIAK P.O. BOX 1397 KODIAK, AK 99615 GLENN DICK 11879 MIDDLE BAY DR KODIAK, AK 99615 MARGARET HOLM 303 COPE ST. KODIAK, AK 99615 LESLIE T & MARY A JAMES PO BOX 536 KODIAK, AK 99615 DUKE JONES P.O. BOX 1604 KODIAK, AK 99615 KODIAK MARINE SUPPLY INC PO BOX 99098 SEATTLE, WA 98199 ALEXUS KWACHKA 326 COPE ST KODIAK, AK 99615 JOSHUA LEWIS 1120 HUFFMAN RD STE 24 -466 ANCHORAGE, AK 99515 WILLIAM BISHOP 402 W MARINE WAY STE 300 KODIAK, AK 99611 TONYA M BROCKMAN 171 OTTER AVE KODIAK, AK 99615 KYLE CROW 410 W. REZANOF DR KODIAK, AK 99615 ELIZABETH FLEMING PO BOX 1068 KODIAK, AK 99615 INT'L SEAFOODS OF ALASKA P.O. BOX 2997 KODIAK, AK 99615 LELAND JAMES 1615 LIEGE DR HENDERSON, NV 89012 KERRY KEARNS PO BOX 8256 KODIAK, AK 99615 KODIAK RENTAL CENTER, LLC PO BOX 2531 KODIAK, AK 99615 ROBERT LACHOWSKY 315 COPE ST KODIAK, AK 99615 THOMAS LORAN ETAL 410 SHELIKOF ST KODIAK, AK 99615 CHRISTINA LYNCH 11175 LAKE ORBIN DR KODIAK, AK 99615 LANA JANE MONTEIRO PO BOX 1072 KODIAK, AK 99615 MICHAEL RESOFF PO BOX 911 KODIAK, AK 99615 DIANA MACDONELL PO BOX 2730 KODIAK, AK 99615 MONTE NEDROW PO BOX 8983 KODIAK, AK 99615 JANE SAUER 1436 "0" ST ANCHORAGE, AK 99501 MK ENTERPRISES, LLC PO BOX 2338 KODIAK, AK 99615 PATRICIA OLSEN P 0 BOX 1014 KODIAK, AK 99615 ALLAN THIELEN 318 W HILLCREST ST KODIAK, AK 99615 NORMAN URSIN SR THOMAS WALTERS CHRISTOPHER WING 1715 W. NICKERSON ST PO BOX 3336 PO BOX 2827 SEATTLE, WA 98119 KODIAK, AK 99615 KODIAK, AK 99615 Sh"ila Smith From: Chris Beck > Sent: Thursday, O5 2012 11:21 AM To: Duane Dvorak Cc: Bud Cas Sheila Smith; John Whiddon (jwhiddon@pacseafood.com) Subject: Work session and Site Visit Attachments: Letter-worksession request.doc Duane (and Bud, and Shelia) As w&ve discussed, l'U be coming to Kodiak next Wednesday the I I th to learn more about parking issues at Pacific Seafood and surrounding areas, and to participate in the Planning Commission Worksession. Attached is a formal letter asking for a brief window of time at the worksession. John will not be able to attend the worksession. I'm also hoping that 1 could meet with you and Bud to get some backgroUnd on these issues during that day. Is there a particular time that would be good to schedule? My current plan is to come to your office early Wed AM and review files on adjoining businesses. Our understanding is essentially all the other Shelikof Street fish processors and larger retailers are grandfathered and do not have to meet the parking standards being asked of Pacific Seafood, But I'd like to go through the files and confirm that fact 1 intend to spend most of the day walking the area, and I hope visiting with people who know the parking issues. Other than Borough staff, is there anyone you think it would be particularly useful to talk to? We're submitting a variance request later today As dixcuuxed, this is in part a placeholder —a response to the schedule established by the Borough non-compliance comptaint filed in June. We're still planning on filing a more fleshed out version by the end of July, to set the stage for a September hearing. The full submittal will take advantage of what I hope to learn while visiting on the Jth and doing further research over the remainder of the month. The schedule as outlined in our previous emaits is excerpted below. Thanks for the assistance. Hope you got a bit of a brea on this midweek 4th ofjuly holiday. CBeck Chris Beck principal AriNEIN z�BE(~K 441 Wes Fifth Avenue, Suite 202 Anchorage, Alaska 99501 t 907I223424 f 907222.5426 w www.agnewbeck.com Hi Chris and John, just to clarify a couple of points below I have highlighted my comments. --Duane Duane Dvorak, Associate Planner Community Development Department Kodiak Island Borough 710 Mill Bay Road Kodiak, Alaska 99615 1 #"(907 ) 486-9362 Front: Chris Beck fmailto: Sent: Friday, June 15, 2012 4:33 PM To: John Whiddon (jwhiddonpacseafood.com) Cc: Duane Dvorak; Shanna Zuspan Subject: Response to Parking Compliance Complaint John, 1 just had the chance to talk to Duane about a possible scheduleremar6ng parking issues at your property outlined belovvFromvvhot|knovvofyoursituadon.th|s|ooksUkmoneeoodvvmy to go. I'm ccjng Duane to make sure 1 have the process correct. In next severa days... send a request through Duane and Shelia for time on the agenda on July By July 5th - respond to the Borough complaint within 30 days Several options are possible; one would be to file an `41-ra*Variarice; another simply comply. The recommended alternative would be to file a request for a variance. That filing would meet the requirement for some form of response to the complaint within 30 days, and would relieve the requirement for direct physical compliance (meaning you would not have to remove the offending material from your parking areas while the variance is being reviewed ancl acted upon.) This variance filed must be substantially different from the earhier proposed variance. The filed add additional material later, after theJuly_l 1 th worksession_and my fact finding trip to Kodiak (The:40peal'iikii:On: July ||th - ShortvvorksessimmvviththePlanningund Zoning Commission |\d come out to Kodiak for this worksession, and while in town meet with Duane, get more famitiar with the site, etc. At that time l'd also like to better understand the facts surrounding the initial variance request, for example, Duane's count of square feet of building. By August Y — Fikafleshadout Variance Request September (-1=2-0471-9.T.9 — Hearing with Planning and Zoning Commission (September 12.th.-is:the, packet. review:work sessiontand the public hearing is.,one<Weekla er on the 1 9th How does this sound is my understanding of this option correct? (and thanks Duane for alt the help). Chris 2 PAYMENT DATE 07/05/2012 COLLECTION STATION CASHIER RECEIVED FROM Pacific Seafood DESCRIPTION VARIANCE APPLICATION KIBC 17.195 PAYMENT CODE Variance Fee Kodiak Island Borough 710 Mill Bay Rd. Kodiak, AK 99615 RECEIPT DESCRIPTION Variance Fee Payments: Type Detail Check 1147249 Amount $250.00 BATCH NO. 2013-00000005 RECEIPT NO. 2013-00000010 CASHIER Cashier TRANSACTION AMOUNT p50.00 Total Amount: 250.00 Printed by: Cashier Page 1 of 1 07/05/2012 02:40:07 PM '-'Print Form '— Kodiak Island Borough Community Development Department 710 Mill Bay Rd. Rm 205 Kodiak AK 99615 Ph. (907) 486 - 9362 Fax (907) 486 - 9396 htto://www.kodiakak.us Variance Application KIBC 17.195 Submit by E maT .PRORIDIqVit7 1 The followpg informiation is to be supplied by the Applicant: 1544cie A-bkee,„ (-LC Property Owner / Applicant: Pacific Seafood Kodiak - John Whiddon, General Manager Mailing Address: Phone Number: Other Contact email, etc.: Legal Description: Street Address: Present Use of Property: 317 Shelikof Street, Kodiak AK 99615 907-486-8575 John Whiddon <jwhiddon@pacseafood.com> Subdv: Adjoining City Tidelands Tracts N26-B, N29-B 317 Shelikof Street, Kodiak AK 99615 Block: Lot: "-- Seafood Processing, Retail Seafood Store Variance(s) Requested: Reduce required on-site parking from 22 to 10 spaces; this will be accompanied by several actions taken by Pacific Seafoods to continue to reduce parking demand, and to shift a portion of on-site spaces to an adjoining property (Note: Use additional sheets, if needed, to provide a complete description of the proposed request.) KIBC 17.195.020 Application. An application for a variance may be filed by a property owner or their authorized (in writing) agent. The application shall be made on a form provided by the community development department and accompanied by the required fee and site plan (a development plan for one or more lots on which is shown the existing & proposed conditions of the lot, including topography, vegetation, drainage, flood plains, wetlands, & waterways; landscaping & open spaces; walkways; means of ingress & egress; circulation; utility services; structures & buildings;,signs & lighting; berms, buffers, & screening devices; surrounding development; and any other information that reasonably may be required in order that an informed decision can be made by the approving authority). All applications shall be available for public inspection. KIBC 17.195.050 Approval or denial. A. Approval. If it is the finding of the commission, after consideration of the investigator's report and receipt of testimony at the public hearing, that the use proposed in the application, or under appropriate conditions or restrictions, meets all of the following, the variance shall be granted. Respond to each of the following standards as they apply to your request. (use additional sheets as needed) 1. That there are exceptional physical circumstances or conditions applicable to the property or to its intended use or development which do not apply generally to other properties in the same land use district; See attachment 2. That the strict application of the provisions of this title would result in practical difficulties or unnecessary hardship; See attachment fl VE JUL - 5 2012 -2) 1 COMMUNITY DEVELOPMENT DEPARTMENT 1_3-000 . 1 3. That the granting of the variance will not result in material damage or prejudice to other properties in the vicinity nor be detrimental to the public's health, safety or general welfare; See attachment 4. That the granting of the variance will not be contrary to the objectives of the comprehensive plan; See attachment 5. That actions of the applicant did not cause special conditions or financial hardship or inconvenience from which relief is being sought by a variance; and See attachment 6.That granting the variance will not permit a prohibited land use in the district involved. See attachment Applicant Certification: I hereby certify as the property owner /authorized agent that this application for P &Z Commission review is true and complete to the best of my knowledge, and that it is submitted in accordance with the requirements of the applicable Kodiak Island Borough Code, which includes a detailed site plan for the variance request and may include optional supporting documentation as indicated below. Additional Narrative / History : As -built Survey : List Other: Other material to be submitted by July 31 Date: Photographs: Maps: 7/5/zoo, Signature: O, 44_ CDD Staff Certification Site Plan Submitted ? Current Zoning: Date: CDD Staff: Payment Verification Fee Payable in Cashier's Office Room # 104 - 1 Code Section(s): orough Building x$250.00 KoMaecemari000rougi ,PinanrP 1MPrft -An+ VARIANCE REQUEST Pacific Seafood Background Fishing is the Foundation of the Kodiak Economy • Kodiak is the number 3 fishing port in the US in value and pounds of fish harvested (National Ocean Economics Program) • More residents live off the fishing industry in Kodiak than anywhere else in Alaska; 6 of 10 largest employers in Kodiak are seafood processors Seafood provides largest payroll on Kodiak Island Pacific Seafood Today • Size and Operations — Pacific Seafood is one of seven primary seafood processors on Kodiak Island. Pacific Seafood currently serves a mixed fleet that includes: jig, longline, pot, trawl, salmon seine and set nets. The plant operates year round, processing Pacific cod, Pollock, POP, rockfish, flatfish, halibut, black cod, salmon and sport and charter fish. During peak season, the plant operates 24 hours a day to offload, process and ship fish to both international and domestic markets. The business continues to process sport and charter fish during the summer tourism months, and operates and maintains a fresh seafood market year round. • History — The business was started as a seasonal custom processing operation serving the sport and charter fleets. The company, formerly called Island Seafoods, was acquired by Pacific Seafood Group in 2003. Since then the company expanded to a year round operation serving both the domestic and export markets with a variety of fresh and frozen products. Pacific Seafood is a family owned, vertically integrated seafood company, based in Portland, Oregon. Physical Layout — The facility is located at 317 Shelikof Street on two adjacent tracts, N29B and N26B. The original building, across the street at 330 Shelikof Street, is currently being used as a maintenance shop. The approximate square footage of the primary processing building is 13,000 square feet. Parking — Needs fluctuate according to the seasonal changes in fishing activity, varying over the day and year. The retail operation requires five (5) spaces for customer use. The five 40 foot export vans on the Shelikof Street side, account for an additional five larger parking spaces. Business Growth and Local Economic Impact Growth: Fish processing is a very capital intensive, competitive business. Over the past 9 years, to remain in business and prosper, Pacific Seafood has had to significantly expand its staff, equipment and season of operation. Substantial payroll: The number of pounds crossing the dock has increased by a factor of five since Pacific Seafood Group took over the facility in 2003. To accommodate this expansion, at peak production the number of employees has increased from ten to over seventy -five. The average number of employees during the season is fifty, split between two shifts. A large portion of Pacific Seafood's staff walks to work or carpools. This is strongly encouraged by Pacific Pacific Seafood Preliminary Variance Application - attachment page 1 of 5 7.5.12 Seafood management, to minimize parking demand and to reduce congestion at the plant and on Shelikof Street. Expenditures: Pacific Seafood and its employees make substantial expenditures throughout the community, purchasing goods and services for the plant and the multi -gear type fishing fleet, including fuel, food, support services and purchase and repair of processing equipment. Contributions to local government revenue Fish tax (severance tax) revenues make up a large proportion of all locally generated revenues. As one of seven major processors in the area, Pacific Seafoods makes a major contribution to this critical local government revenue source. Pacific Seafood and its employees also spend significant money in the community, in turn making a large contribution to local sales tax revenues. Property tax contributions are also significant. Pacific Seafood Tomorrow The national and international seafood business is constantly evolving and these investments are essential for the company to remain competitive. The company requires additional space to improve waste handling and increase freezing capacity. The potential for expansion will be largely controlled by space available for facility operations, which is in turn largely controlled by parking ordinance requirements. Pacific Seafoods will not be able to grow and therefore compete without a favorable resolution of parking issues. The Big Picture Pacific Seafoods recognizes the challenges of parking in downtown in general and along Shelikof in particular. The business succeeds in part because of all the resources downtown offers — services, retail, circulation, restaurants and housing. Pacific Seafood wants to work to improve parking situation for itself and for the community, which will require a cooperative effort. Proposal — A Phased Approach 1. Immediately: A parking variance, to solve current problems at Pacific Seafood — from a requirement for 22 to 10 parking spaces. Pacific Seafood will take several different steps to offset this reduction in on -site parking requirements. Details will be presented in the full version of this variance request, to be submitted by the end o f July. Strategies will include continued steps to reduce employee parking demand, proposed changes in the location and dimensions of parking spaces, and use of adjoining off -site parking to meet a portion of parking requirements. 2. In the near future: Pacific Seafood would like to be one catalyst in bringing together the City, Borough, landowners, businesses and the community to develop and implement a plan that resolves parking issues in the area. Pacific Seafood Preliminary Variance Application - attachment page 2 of 5 7.5.12 Variance Criteria KIB Code; Chapter 17.195 and Pacific Seafood Responses �i ' /' That there are exceptional physical circumstances or conditions applicable to the property or to its intended use or development which do not apply generally to other properties in the same land use district; Borough parking standards requiring one on-site parking spot per 700 square feet of industrial space do not work for waterfront seafood processing businesses. For Pacific Seafood or any other processor to continue to operate safely and successfully requires modification of these standards, While on some days the 22 parking spotsre`utred under existing standards can remain open and dedicated to parking use, on other days at — least portions of these spaces must to be available for processing-related activities. The size of this waterfront parcel is fixed; there is no extra room to both meet operational needs and ensure all required parking spaces are always free. Current parking standards are equally unworkable for all the processing facilities along the waterfront. The reason these parking standards have not been challenged and resolved is that nearly all the other nearby processors (and many larger retailers) are effectively exempt from Borough parking requirements — their operations are "grandfathered" from a time prior to the adoption of the existing code. Because of the temporary change of the business in 1995 from seafood to retail, Pacific Seafood is the only m 'orpnocessingbusinesovvithoutthe"grandfatherproviaion°' The resulti | situation reverses the normal role grandfathering piaysinacornnnunity- }nsteadoftha large majority ofuoersmnaadngthelavvvviththaoccasional grandfathered exception, in this case the situation is reversed: one company is required to comply with standards not followed by other processing businesses. /2. That the strict application of the provisions of this title would result in practical difficulties or unnecessary hardship; A processing business must have a waterfront Iocation; availability of such space is intrinsically very limited. Operational and safety requirements for a successful fish processing operation do not allow Borough parking on-site standards tobe met on a regular basis. The growth of the business requires movernent of Iarge freezer vans, waste dump trucks and forklifts such that parked vehicles must continually be moved to accommodate the functions of the business. Safety is a particular concern during those times when a small area must serve both parking and operational needs; private vehicle parking creates a risk of damage to parked cars and potential for accidents or injury. There are few if any alternative locations for fish processing in the area, and effectively no option to expand at the current site. Meeting the full parking standards under the existing code means the existing operation will have to be substantially reduced, and also that the opportunity and need for expansion will be precluded. This would result in reduced fish Iandings and the elimination of permanent full time processing worke s. Even if more on-site parking space was available, enforcement of these parking standards on one business, while not requiring the same rule of other procossorm, creates a singular and significant hardship and competitive disadvantage for Pacific Seafood. The Pacific Seafood Preliminary Variance Application - attachment page 3 of 5 Borough is in effect practicing spot zoning; burciening a single business with costly requirements not asked of the other comparable businesses just down the street. ~^,. That the granting of the variance will not result in material damage or prejudice to other properties in the vicinity nor be detrimenta to the public's health, safety or general welfare; If parking issues can be resolved Pacific Seafoods wifl be able to continue to operate into the future. This wouid support economic development of the Borough, ha]psupport local sport and commercial fishing businesses, make an important contribution to borough tax revenues, and contribute to the overall welfare of the community. Limited on-site parking, and a reliance on on-street parking, including parking by Pacific Seafoods employees, has been the practice along Shelikof for many years. Allowing this practice to continue will not change the public's health safety and welfare. While continuing on-street parking is workable, it is dear that parking is often tight along the street, impacting businesses and customers. Pacific Seafood would welcome the chance to work with the Borough, the City, and other property owners and businesses to develop a more comprehensive solution to parking issues in the area. ,Key elements of this larger scale plan might include: ~ Initial evaluation of parking needs, parking supplies, and parking behaviors • Changed on-site parking standards, so that all businesses have reasonable standards. ^ Expansion of on-street parking, such as expansion of bulkhead parking across from Sutliffs • New shared off-street parking A safe, enjoyable waiking route for cruise ship visitors and other pedestrians between Pier 2 and downtown. Pacific Seafood has considered acquiring the adjoining property to the west and renovating this currently unused site. Redeveloping this unused property would create new jobs and business opportunfties, and increase Iocal tax revenues. The economics of this purchase do not work, however, without changes in parking standards, and parking demand and supply in the area. 4. That the granting of the variance will not be contrary to the objectives of the comprehensive plan; - The com plan places major arnohaoyonthevauaandirnportunceoffiohing for both the economic health and quality of Iife in the Boroueh' Two of several sections of the plan that emphasize the need to support the fishing industry are excerpted below. Goal: Support the local commercial fishing industry in their efforts to maintain the economic health of and diversify Kodiak's regional fisheries while managing any potential environmental impacts from the seafood processing industry. Policies: - Support and help coordinate efforts by the private industry to increase value-added processing in Kodiak. Pacific Seafood Preliminary Variance Application - attachment page 4 of 5 7.5.12 Increase the productivity of the seafood processing plants, including through increasing electrical power utilization/ efficiency and reducing electric power costs. Support improvements to infrastructure that supports the fishing industry (e.g., cranes and cold storage facilities) to allow local fishing boats to directly market their catch. Goal: Support commercial businesses and areas within the Borough, including in downtown Kodiak. Policies - Plan for land uses, transportation facilities and public improvements in commercial areas in that supports the viability of local businesses. - Zone land and coordinate planning in the Kodiak urban area in a way that supports the downtown, as well as other important commercial areas. - Support efforts by local businesses and business organizations throughout the Borough to enhance existing and potential new businesses, particularly in areas that would benefit from economic revitalization. That actions of the applicant did not cause special conditions or financial hardship or inconvenience from which relief is being sought by a variance; and Pacific Seafood has been carrying out the same fish processing business in this location for I I years. Like all the fish processors in Kodiak, the business has evolved to meet changing market needs, and take advantage of new opportunities, and like most of the other processors along Shelikof, to remain viable and competitive, the business has by steadily expanded. The alternative to continued growth is visible in the vacant former fish processing business on the adjoining lot — processing business that do not continually reinvest, grow and change are not viable. ~^6. That granting the variance will not permit a prohibited land use in the district involved. No change in use is proposed as part of this requested variance. The purpose of the request is to allow the successful continuation of the current use. Pacific Seafood Preliminary Variance Application - attachment page 5 of 5