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ATS 49 TRACT N-26 AND TRACT N-29C - Variance (2)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 Zoning Compliance Permit I ° Print Form 1 111 lull 1111 14846 Submit by Email IN Permit No. CZ2012 -031 Property Owner / Applicant: Mailing Address: Phone. Number: Other Contact email, etc.: Legal Description: Street Address: The following information is to be supplied by the Applicant: Island Fish Co, LLC /Pacific Seafoods 317 Shelikof 486 -8575 ATS 49 TR N -29B 317 Shelikof Use & Size of Existing Structures: Processing Planiand associated structures Description of Proposed Action: Installation of Electrical line to serve two additional plate freezers,; removal of 8 x 20 conex and replace with 8 x 30 conex. Conex houses refrigeration equipment for plate freezers (jiCr ./d 47 pip s Z3 (2,i/' 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: ZONING: Industrial PACS No, 14846 Lot Area: .75 acres Lot Width: Not Applicable Bldg Height: Not Applicable Front Yard: Not Applicable Rear Yard: Not Applicable Side Yard: Not Applicable Prk'g Plan Rvw? Not Applicable # of Req'd Spaces: Plat / Subdivision Requirements? Does the project involve an EPA defined facility? IF YES, do you have an EPA Return Receipt of Notification? NO "Permit will not be issued until receipt is submitted to Kl8" NO Coastal Policy Not Applicable Subd Case No. Driveway Permit? Septic Plan Approval: Fire Marshall: Consistent? Not Applicable Attachment? Yes Plat No. Bld'g Permit No. Applicant Certification:- !hereby certify that I will comply with the provisions of the Kodiak island Borough Code and that have the authority to certify this as the property owner, or as a representative of the property owner. I agree to have identifiable corner markers in place for verification of building setback (yard) requirements. Attachments? Site Plan List Other: Date: Oct 10, 2011 Signature: This permit is only for the proposed project as described by the applicant. If there are any changes to the proposed project, including its intended use, prior to or during its siting, construction, or operation, contact this office immediately to determine if further review and approval of the revised project is necessary. ** EXPIRATION: A zoning compliance permit will become null and void if the building or use authorized by permit is not commenced within 180 days from the date of issuance, or if the building construction or use is abandoned at any time, after the work is commenced, for period of 180 days. Before such work can be recommenced, a new permit must first be obtained. (Sec. 106.4.4 Expiration. 1997 I1BC) per K(BC 17.03.060. ** CDD Staff Certification Date: Oct 10, 2011 CDD Staff: Bud Cassidy Payment Verification Zoning Compliance Permit Fee Payable in Cashier's Office Room* 104 Fee Schedule Less than 1.75 acres $30.00 Construction Disposal Deposit Payable in Cashier's Office Room # 104 14Si...5ett 41.-ZA ,cut.tiT"' EXISTING SECOND FLOOR PLAN ,ff • r-c• inAa 4,Lt..12.C4,44,q4 10 440,4 ;Nu cow* [4:i Cal T av,11:04' 111M11111 tif,t i.:(41R At4 P:•14 +4+) ROE P,OQ'.444 ARE% _ -- .EXISTING FIRST FLOOR PLAN 4C OW, 44 V444,40 RI 4.444 rfN EXISTING SECOND FLOOR PLAN :CAE: t / }' . I' -0' (11001 PUNS A?E WPP00 001E ONLY, MID CORNES0000 IQ 031 EW E. Sr NM C II PRIXa v�yftsD;.v 1000E0 8 C T 00 oar,% PE1 IeG .ms. c Imps 001 PROCESSING ARE, 1 EXISTING FIRST FLOOR PLAN SCtaE: ye . i' -0' mom FUNS ORE 0000(00 0(0 00(0 000 CORRESP0N0 TO 000ER0 MAD 00O10010) 10/26/2010 A1.0 • 51-1EL6K.F:- - • STREET • GONCf2__ CLAW" { ._1 ff METAL "z" Pa/ .BUcxtEAa s 7° t7' O' W Sr PAUL PAR BOP 6L13&-- • P=te ' �o. = saw 55 x5 r50 - c 24 13x3 � � .PZ q?ik. z� 2/5.03 11, ,16., R. -A i 17- I ors, / 61 10 — 5cox-AL-re. ('- fir/ 1 11 1100 — 1 CE- Plat jV P &W Investments, LLC Mr. John Whiddon 317 Shelikof St. 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 January 27, 2011: Re: Establishment of a deadline for zoning compliance to complete changes to off - street parking layout for City Tideland Tracts N29 -B and N26 -B and Lot 18, Block 3, New Kodiak Subdivision. Dear Mr. Whiddon: This letter is in reference to the recent review of your site plans and parking layouts in conjunction with the request for parking variance and alternative parking as part of Case 11 -011. In, the course of that review, it was noted on the record that the existing parking layout and floor area calculations contained in the approved 2007 zoning compliance permit are not consistent with more recent floor plans and site layouts that were discussed as part of this case. While we recognize that it is fully your intention to move into conformity with the zoning and parking codes, we only now realize that the approval you obtained for an alternate parking plan does not provide any timeframe certain for this to occur. In order to avoid potential difficulties, we would like to establish a deadline by which you must obtain the required zoning compliance permit approval for your proposed site layout and parking changes. Obtaining the required zoning compliance permit would indicate on the record your acceptance of the terms approved by the Planning & Zoning Commission for your alternate parking plan and when installed would also provide staff an opportunity to confirm in the field the revised floor area calculations and site plan have been met. The deadline for zoning compliance permitting, therefore, is established as April 29, 2011. This should provide ample time for you to revise your site plans and obtain the issuance of zoning compliance permits. Please keep in mind that you can obtain the required zoning compliance permits at any time of your choosing prior to this date. In addition, we would like to emphasize the need for obtaining the zoning compliance permits before undertaking any change of use or substantial improvements in regard to your site re- organization, such as making new curb cuts and physically reorganizing the site in a way that is inconsistent with the existing site layout currently on file in the (2007) zoning compliance permit of record. Page 1 of 2 If you have any questions about these requirements please feel free to contact me at 486-9363 or drop by our offices to set up an appointment. We look forward to working with you. Respectfully, oe_43.2„e_s Bud Cassidy, Direc Community Development Department CC: Case File 11-011 Page 2 of 2 February 4, 2011 Mark Kozak Public Works Director City of Kodiak 2410 Mill Bay Road Kodiak, AK 99615 Mr. Kozak In compliance with direction from the KIB Community Development Department, I need to inform you that the original Island Seafoods property at 330 Shelikof Street, is no longer used as a fish processing facility. All fish processing operations were moved across the street to our current 317 Shelikof Street location. We have set up a maintenance shop in the old building (330 Shelikof) which requires that we occasionally cross the street with forklifts, carrying equipment and parts in both directions. The amount of cross - street traffic is minimal and is usually performed with a spotter to watch both cars and the load. Please contact me if you any questions or concerns. My cell contact number is 907 -539 -2973. Respectfully John Whiddon General Manager;��IT' Island Seafoods C0;,9UNIlY D�IEL4PMENj DEPAR Kodiak, AK ,--..— — The Pacific Seafood Group CC: Bud Cassidy, Director Community Development Department, Kodiak Island Borough T.C. Kamai, Police Chief, Kodiak Police Depaitment Rome Kamai, Fire Chief, Kodiak Fire Department 317 Shelikof Street, Kodiak, AK 99615 (907) 486 -8575 Fax (907) 486 -3007 December 17, 2010 P &W Investments, LLC Mr. John Whiddon 317 Shelikof St. 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 11 -011. Request a Variance, according to KIBC 17.195, to allow a reduction in the number of required off - street parking spaces from 17 to 10, in support of a seafood processing (industrial) land use per KIBC 17.175.040; and, Review of an alternative parking arrangement, according to KIBC 17.175.050 to allow the provision of up to two (2) off - street parking spaces on a noncontiguous lot located within 600 feet of the seafood processing plant to supplement the 10 spaces proposed in the variance request above. The applicant is P &W Investments, LLC (Island Seafoods) and the agent is John Whiddon. The location is 317 Shelikof Street that is zoned I- Industrial and 330 Shelikof Street (Alternative Parking Site) is zoned B- Business. Dear Mr. Whiddon: The Kodiak Island Borough Planning and Zoning Commission at their meeting on December 15, 2010 denied the variance request and adopted findings of fact in support of their denial. The commission granted approval of the parking plan permitting two off - street parking spaces proposed to be located on Lot 18, Block 3, New Kodiak Subdivision subject to Conditions of Approval. PARKING PLAN CONDITIONS OF APPROVAL 1. The applicant shall obtain an "after -the- fact" zoning compliance permit to address the apparent change of use on Lot 18 from small scale seafood processing to the current machine shop use. 2. The applicant shall obtain a new zoning compliance permit for Tracts N26 -B and N29 -B showing a scale drawing of the site with at least eighteen (18) off - street parking spaces including loading berths. Page 1 of 3 3 The two (2) off-street parking spaces located on Lot 18, will be signed or marked so as to be clearly associated with the uses on Tracts N26 -B and N29 -B. 4. The petitioner shall obtain letters from the City of Kodiak Public Works Department that there is no objection to the use of Shelikof Street right -of -way for additional pedestrian crossings due to the is satellite parking layout. PARKING PLAN FINDINGS OF FACT The petitioner has worked with staff to eliminate the need for a variance request by providing additional on -site parking and the relocation of two (2) off-street parking spaces to an alternate site within 600 feet is a preferable outcome to the prospect of granting a variance and potentially adding an additional demand for limited on- street parking. 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 denial of the Variance: 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. If there is something atypical it is that the site has historically been open enough to provide the necessary off - street parking without the need for variances or satellite parking arrangements. As noted in the staff analysis however it is the intended use for seafood processing and the changes that occur to that industry periodically which typically drive the need to maximize the use of the site for seafood processing related uses in lieu of off - street parking. Staff has performed a new analysis of the site and corrected some errors of the prior parking calculation. In addition the petitioner has also re- worked the site plan such that a variance is no longer required. It should be noted that this information was submitted only recently and this new information would typically justify a postponement if not for the fact that the parking issues appear to be resolved (subject to the approval of satellite parking for at least two [2] off - street parking spaces). 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 relief from parking requirements in the past. It should also be noted that this area was originally developed long before the advent of modem parking requirements and the community growth that has resulted in a largely "auto- dependent" lifestyle for many Page 2 of 3 residents. The relief requested in this case therefore has to be reconciled with the overall lack of parking in this overall area and the fact that 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 and age. It is prudent therefore to work with property owners to provide the maximum number of required off - street parking spaces 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.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. Since there is no longer a need for a variance it does not appear that there will be any material damage or prejudice to other properties in the vicinity. 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. This area is designated for industrial and commercial use, particularly seafood processing along the waterfront. 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 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 this case, both staff and the petitioner have re- evaluated the site and believe now that up to eighteen (18) off - street parking spaces may be provided onsite (with the inclusion of loading berths) such that the grant of a variance is no longer required. 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. Sincere uane 1 vor.— Associate Planner Community Development Department CC: Nova Javier, Borough Clerk Page 3 of 3 The public hearing was opened & closed. There were no comments. Discussion regarding screening and campgrounds. There was consensus that there should be a ' ' day limit in each 6 month period as a condition of approval. OLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY 20 occup ISSIONER TORRES MOVED to adopt the findings of fact in the staff repo dated December 6, or Case 11 -010 and also add to the conditions of approval to read "t s maximum length of y for each lot is 90 days in each 6 month period." CUP F I ''t INGS OF FACT A. That the conditional use will preserve the value, spirit, ch acter and integrity of the surroundi <. area. The proposed rec surrounding area so with the applicable d use commercial develop tional vehicle park use will preserve the value, >pirit, character and integrity of the ng as the park is developed in accordance he provided plan and in conformity elopment standards in KIBC 17.165. :r e use fits well with the existing mixed ent already located on the site. B. That the conditiona``•use fulfills all other requi ° men of this chapter pertaining to the conditional use in clues ' s n. While the plan presented for t s CUP is rather c eptual in nature, the project will be required to undergo a zoning compliance rev . The co on will need to determine whether the provision of a toilet and shower facility is suffice' tly met ,n the provision of water and sewer hook -ups to each designated RV space. The RV Park de a requires a higher degree of screening than the underlying which will need to be determined at th =., e of zoning compliance unless the commission chooses to have this come back to them by condit' approval. Screening need not be a fence necessarily and the standard may be met by maintaining o�.tura' \egetation on the site that meets the minimum standard (50% sight obscuring and at least six (6 :'-et in hei :. t) that is called out in the code. C. That granting the cond Y.: oval use per u; t will not be harmful to the public health, safety, convenience and co So long as the develop far nt standards of the code .').,e met, the use should not be harmful to the public health, safety, convey, nce and comfort. Having a d- \ignated and maintained RV Park may be a benefit to the public if it r ` ovides an alternative to unregulat • RV parking and camping in undesignated and potentially unsui ; • le areas along the Kodiak Road Syste D. That the the co icient setbacks, lot area., buffers or ot safeguards are being provided to meet ons listed in subsections A through C of thi `. ection. Due to e large lot size and rural location it appears that the sit: ill not require any additional buffers, setb " s or safeguards are needed in order to meet the conditions '_entified in subsections A through C ab► ie. ONDITIONS OF APPROVAL The petitioner shall develop or identify an onsite toilet and shower facility in •ort of the approved RV Park. 2. The maximum length of occupancy for each lot is 90 days in each 6 month period. ROLL CALL VOTE CARRIED UNANIMOUSLY B) Case 11 -011. Request a Variance, according to KIBC 17.195, to allow a reduction in the number of required off - street parking spaces from 17 to 10, in support of a seafood processing (industrial) land use per KIBC 17.175.040; and, P &Z Minutes Page .2 of 6 December 15, 2010 Reviem4,of an alternative parking arrangement, according to KIBC 17.175.050 to allow the provision-of up to two (2) off-street parking spaces on a noncontiguous lot located within 600 feet of the seafood processing plant to supplement the 10 spaces proposed in the variance request above. The applicant is P&W Investments, LLC (Island Seafoods) and the agent is John Whiddon. The location is 317 Shelikof Street that is zoned I-Industrial and 330 Shelikof Street (Alternative Parking Site) is zoned B-Business. Dvorak gave a staff report stating sixty public hearing notices were sent out with one response received opposing this request. This is a 2 part request asking for a parking variance on the primary lot and another request asking to consider a relocation of up to 2 parking spaces to another property across the street in common ownership. In response to COMMISSIONER WATKINS inquiry if the transformer located beside the retail building is the transformer that services your building, Whiddon stated yes and there's another one at the other end also. COMMISSIONER WATKINS expressed concerned about pedestrian access around the backside of the transformer , concerned about corking with what might happen with opening that corridor up for pedestrian traffic with the city's upcoming study. Whiddon said the sidewalk is on the Napa side of the street so there is no pedestrian traffic on this side. The Shelikof improvement project is at the other end, down by APS down to the North Pacific Fuel. The end Whiddon is at is not part of the study or the improvement area. In response to COMMISSIONER TORRES 'S inquiry if the on drawing where the transformer is, is that a platted sidewalk, Dvorak said there is adequate right of way for that but there is a curb and gutter and then there's additional right of way to the property line. COMMISSIONER TORRES MOVED to grant a variance, according to KIBC 17.195, to allow a reduction in the number of required off-street parking spaces from 17 to 10, in support of a seafood processing (industrial) land use per KIBC 17.175.040. The public hearing was opened & closed: John Whiddon spoke in support of the request, Smith read Christopher Wing's comment into the record withdrawing his original objection submitted, and Andrew Ursin spoke opposing the request. Commission discussion ROLL CALL VOTE FAILED UNANIMOUSLY COMMISSIONER WATKINS MOVED to adopt the findings contained in the staff. report dated November 29, 2010 as "Findings of Fact" supporting the DENIAL of this request. FINDINGS OF FACT • ROLL CALL VOTE CARRIED UNANIMOUSLY COMMISSIONER WATKINS MOVED to grant approval of a parking plan, according to KIBC Section 17.175.050, that would permit two (2) off-street parking spaces proposed to be located on Lot 18, Block 3, New Kodiak Subdivision, which are impractical to be located on Tracts N29-13 and N26-B, City Tidelands, in order to support the seafood processing use, and that two (2) off-street parking spaces located on Lot 18, subject to conditions of approval, will provide a safe and practical off-street parking alternative to the off-street parking that would typically be required on Tracts N26-B and N29-B, subject to conditions of approval in the staff report dated November 29, 2010, and to adopt the findings in the staff report as "Findings of Fact" for this case. P&Z Minutes Page 3 of 6 December 15, 2010 CONDITIONS OF APPROVAL 1. The applicant shall obtain an "after- the - fact" zoning compliance permit to address the apparent change of use on Lot 18 from small scale seafood processing to the current machine shop use. 2. The applicant shall obtain a new zoning compliance permit for Tracts N26 -B and N29 -B showing a scale drawing of the site with at least eighteen (18) off - street parking spaces including loading berths. 3. The two (2) off - street parking spaces located on Lot 18, will be signed or marked so as to be clearly associated with the uses on Tracts N26 -B and N29 -B. 4. The petitioner shall obtain letters from the City of Kodiak Public Works Department that there is no objection to the use of Shelikof Street right -of -way for additional pedestrian crossings due to the is satellite parking layout. FINDING OF FACT 1. The petitioner has worked with staff to eliminate the need for a variance request by providing additional on -site parking and the relocation of two (2) off - street parking spaces to an alternate site within 600 feet is a preferable outcome to the prospect of granting a variance and potentially adding an additional demand for limited on- street parking. ROLL CALL VOTE CARRIED UNANIMOUSLY OLD BUSINESS A) ase 11 -008. Approval of Findings of Fact granting a request to rezone Lot 3, Blo Wood Acres Subdivision - 3694 Rezanof Drive East, from RR — Rural Resident' , ' o B — Business ' ter Family Trust). Dvorak gave a sta `eport. COMMISSIONER S MOVED to adopt the findings contained in, memorandum dated November 23, 2010 as "Fi'``',) ngs of Fact" in support of a rezone request ma • =in Case 11 -008. During discussion the commis'No. was in consensus to substitute P/ter's findings and strike staff's findings. + COMMISSIONER TORRES MOVED" O AMEND the ,� / on by substituting the findings of fact received during the Planning & Zoning re: c . r meeting o ,,A`ecember 15, 2010 and strike the findings of fact in memorandum dated November 23, 2011 FINDINGS OF FACT A. Findin • s as to the need and 'ustificatio In this area the availability of comme 17.90.010.A states: "To encourage dev is needed and justified to provide compatible with surrounding 1 neighbors. al property opment of land for re ervices and employment o uses and zoning in this area a e or amendments development is very limited. KIB Code purposes." The rezoning to B- Business rtunities to Kodiak. This rezone is is supported by the majority of B. Findings as to t effect a change or amendment would have the objectives of the comprehensive pia Business develfent at this site for business zoning will meet the plan obj motives by providing additional business zoned land in an area where there is little available B- Busine`t< zoned land and vacancy rates of B- Business zone land is low. KIB 2b prehensive Plan states: Chapter 4 Land Use and Ownership page 28 Goals, Policies and Implementation Actions "Zon land to meet future housing, commercial, industrial and other land needs." P &Z Minutes Page 4 of 6 December 15, 2010 Public Hearing Items 7 -B Case No 11 -011 Introduction Page 1 of 4 IIMIF Request: A variance to allow the reduction of parking from 17 to 10 Current Location off - street parking spaces; and, review of an alternative parking P & Z Case # 11 -011 arrangement for relocating two (2) off street parking spaces from P &W Investments LLC Tracts N26 -B and N29B, City Tidelands to Lot 18, Block 3, New Kodiak Townsite Sub. ti0 •, . 11 P • � o y 2 h 1 NO 22 S 2 '' • O 220 I'D ,,‘ • �, 236 rl. .1C P t: \ •yam* t, , „:.• tx n, , . 2 326 .... sc, , ,, �\.y •• ltTj�.. p0 rb 2 _R1 Q1 / 21. O n� '� tx co ,30 0 OOP CO 2 3 ^A • 322 32p 3p1 0- cb O p12 ` 328 b.” qr. 1v 332 30 0b A. rlV 336 3 N'S"‘" `; 33: eb �� tx OD alp �pP '�e P `� � 319 311 V'" Al2 6 313 v Z '\QP 32 N th1h A1g 2 CJ` N, X11 ``521 1/ 0 4 %t o Q. a A¢� ,r.� :,� Kodiak Island Borough GIS System 414..._ W ' ' �`�. S 0 125 250 500 750 1,000 Feet 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. Case No 11 -011 Introduction Page 1 of 4 Public Hearing Items 7 -B \km, 4c• ��a tea* \c, Case No. 11 -011 Inlroducllon Page 2 of 4 Public Hearing Items 7 -B Case No. 11 -011 Introduction Page 3 of 4 Kodiak Island Borough Zoning Map Community Development Department . ib � Current Zoning Request: Variance to allow a reduction in the number of P & Z Case # 11 -011 required off - street parking spaces from 17 to 10; and, &W Investments LLC Review of an alternate parking arrangement that would allow up t. two parking spaces to be relocated from Tracts N26 -B and N29 -: :._ .: - • _ •. 1.8 Block 3 New Kodiak. • wrist e • "6)2 NWellil % ^) `') 5 Co p0 � 3� � 10 t a r i l l i l l 1 �N12 S ni- 17, 4- N % 2� ' <3� � � OP O1a • �` `� ,5c): 3p2 M 32p (0 ro4J 320 (5 p 322 N ,� 32N 322 %1 • '� 30 32a 3(2- DO Q "\2 O l. `1' 336 3333 PAP - 311 CO �'C i 6 -'� 3�g CO N X12 323 N Z 326 N Z R 0 Z N1 \-\q, Zoning Legend Business 11 Light Industrial Single Family Residential Retail Business -/� Rural Residential 2 Conservation Natural Use Two Family Residential Rural Residential /j' Split Lot Zone noIndustrial Public Use Multi Family Residential Rural Residential 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 properly 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. Case No. 11 -011 Introduction Page 3 of 4 Public Hearing Items 7 -B c\ ��a t 741V * \4c Case No. 11 -011 Introduction Page 4 of 4 '� S �LteCC7� • STREET • W. - O. . . • fLeC. TIJANSFaKNE/' . • _ - N 67 /6'190" 86 -53" 'N -L,../ FB'N -_. _- kiN Public kieiiring.Items 7 -8 • coot � cu I vu�ca • fGe . Z z r • rl 4 -, METAL "z" P•L /NG z 7 fP7f0 4.1 Variance Case 11 -011 Revised Site Plan /Parking Plan 0 Pa-G pqe B C41.A N ._„,„/". 67'/7'/O "1/s/ ST PAUL I/A FZ tOR 6 L'PL% Ltd\ Sb�? \ `asf . 1 \011 Application Page 1 of 10 �`t�1rJ ^' -''�C 2/5,0-3 J 2 2h J/ 710 Mill Bay Rd., Room 2i_ _, . _ODIAK, AK 99615 -6398 (907) 486 -9363 - I .907) 486u939�earing Items 7-B www.kib.co.kodiak.ak.us Applicant Information Property owner's name P4 0 /N u�sfrn4,,� Property owner's mailing address 3/) S /ft=t /k54- 57' City Zip ki)144-- Home phone Work Phone E -mail Addr. (hi& 55)5- J441/64A� Agent's name (If applicable) Puc-Secl Nag Agent's mailing address City State Zip Home phone Work Phone E -mail Addr. Property Information b� 44:g qiQ (DU24-8) 1,-(8,11- (z—) Property ID Number /s 7.-trvt C4-5 61/44 Legal Description Current Zoning: L-I &Hr %NOuSl2rkt__ Applicable Comprehensive Plan: /Ci g /? 20067 Year of Plan adoption: 2 O.j Present Use of Property Sc rrJ n / /�ocE Sin,G Proposed Use of Property: (64Fi r (&641k;.t,K (Note: Use additional sheets, if needed, to provide a complete description of the proposed request.) Applicant Certification I hereby certify as the property owner /authorized agent that this application for Planning end Zoning 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 variance and conditional use requests and which may Include optional supporting documentation as indicated below. ✓Additions/ Narrative/History (. /As -built Survey Photographs -iaps Jam., coL-4, Property Owner's Signature 1A development plan for one or more lots on which is shown the existing and proposed conditions of the lot, including topography, vegetation, drainage, flood plains, wetlands, and waterways; landscaping and open spaces; walkways; means of ingress and egress; circulation; utility services; structures and buildings; signs and lighting; berms, buffers, and 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. (Source: The New Illustrated Book of Development Definitions, ©1983 by Rutger lJglversity) Other Date Authorized Agent's Signature Date STAFF USE ONLY Code Section(s) Involved: If 17.057 r $ 0 A P ID vir Variance (KIBC 17.66.020) $250.00 OCT 26 2019 Conditional Use Permit (KIBC 17.67.020.6) $250. ,,, island Borough Other (appearance requests, site plan review, etc.) . •1 Zoning change from to (KIBC 1 .trieRtediepalJzotnt Application received by: 1°464. Staff signature PAYMENT VERIFICATION *Zoning Change. Fee Schedule: (per MB Assembly Resolution Eff. July 1, 2005) Less than 1.75 acres 1.76 to 5.00 acres 5.01 to 40.00 acres 40.01 acres or more $350.00 $750.0(1 S1.000.00 $1,500.00 Case No. 11 -011 Application Page 2 of 10 Public Hearing Items 7 -B q)aiiijiJSea ood. October 26, 2010 To: Bud Cassidy, Director, Kodiak Island Borough, Department of Community Development From: John Whiddon, General Manager, Pacific Seafood Kodiak Subj: Request for parking variance Ref (a). CZ 2007 -62 Parking plan for P &W Property, 317 Shelikof Street, Kodiak, AK (b). Kodiak Island Borough Code 17.195.050 (c). KIB GIS map of Tracts N29 -B and N26 -B City Tidelands (d). 2008 Kodiak Island Borough Comprehensive Plan (e). KIB GIS map of Lot 18, Block 3, New Kodiak Subdivision, 330 Shelikof Street (f). Proposed revised parking plan under current configuration (g). Proposed revised parking plan under revised configuration The parking plan developed in March 2007 for the P &W Property (Island Seafoods/Pacific Seafood), reference (a) specifies the requirement for 17 parking spaces per Borough code. No additional buildings have been built on the property since 2007, however the property has become congested due to the growth of the business and in order to continue operating safely and efficiently, the number of vehicles and parking spaces remaining on -site should be reduced. I would like to request a variance per reference (b) to our current parking plan to the following: a. Variance to reduce required parking from 17 to 12 spaces (see references f & g) b. Variance or finding to allow the use of the company owned property at 330 Shelikof for two of the 12 spaces (per KIBC 174.175.050) (reference e). Per Reference (a), the following comments apply: 1. "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." The property under consideration (reference c) combines two City Tideland Tracts, N26 -B and N29 -B, both owned by P &W Investments, LLC. Island Seafoods leases the property and operates a 12 month per year seafood processing operation on both tracts. Additionally, the business includes a retail component that primarily operates during the months of May — September. The growth of operations and expansion to a 12 month per year operation has reduced the available parking on site to 15 parking spaces. Even at this level, the pace and scale of operations creates congestion and contributes to an unsafe working environment. Reducing the number of vehicles to 10 on -site with two additional across the street (total of 12 spaces or a net reduction of five spaces) would improve the safety and operational efficiency of the business. The adjacent property at 330 Shelikof (see reference e) is company owned and is currently used as a maintenance shop. Would request a review of required parking spaces for the property to 317 Shelikof Street, Kodiak, AK 99615 (907) 486 -8575 Fax (907) 486 -3007 Case No. 11 -011 Application Page 3 of 10 Public Hearing Items 7 -B Pac' resea ooc1. determine if two additional parking spaces can be allocated to the total required for the 317 Shelikof Street property, per KIBC 174.175.050. Most seafood processors on Shelikof Street benefit from being "grandfathered -in" and as such, are not required to meet the same off -street parking standards. Additionally, several of the retail business also lack off - street parking which places an additional burden on available street parking. 2. "That the strict application of the provisions of this title would result in practical difficulties or unnecessary hardship ": Reference (a) above defines 17 parking spaces which for practical purposes, no longer permanently exist. The growth of the business has necessitated the movement of large freezer vans, waste dump trucks and the movement of forklifts to the extent that parked vehicles must continually be moved to accommodate the functions of the business A reduction by five of the required spaces on the property would eliminate the need to regularly move vehicles and would further eliminate the congestion that currently exists. Without a reduction in the required number of spaces, the business would need to reduce the volume of fish processed which would result in reduced fish landings and the elimination of permanent full time processing workers. Island Seafoods and its parent company, Pacific Seafood Group, has developed new markets for a variety of species, and provided opportunities for fishermen to expand markets and improve competition in the marketplace. Shrinking the business at this time would disadvantage fishermen and adversely impact the competitive position of the business. 3. "That the granting of the variance will not result in material damage or prejudice to the other properties in the vicinity nor be detrimental to the public's health, safety or general welfare:" The granting of the variance will not result in any material damage to other properties in the vicinity. It will, however, improve the safety and general welfare of fishermen and customers who frequent the business. Island Seafoods was recently awarded the SHARP Award by the State of Alaska AKOSH in recognition of its achievements in workplace safety. Our goal is to continue to operate in a safe manner for employees, fishermen and customers. It is recognized that parking on Shelikof Street can, at times, be very limited and the additional over flow of parking onto Shelikof Street will further impact the available parking. To address this matter, Island Seafoods/Pacific Seafood, is taking the following steps to mitigate the impact on Shelikof Street parking: a. encourage car pooling by employees to reduce the number of vehicles driven to work b. although a long term project, obtain additional space or property to provide the required parking c. will investigate financial viability of purchasing and operating a company van to transport employees to and from work 4. "That the granting of the variance will not be contrary to the objectives of the comprehensive plan." There are no specific references contained within the 2008 Comprehensive Plan, 317 Shelikof Street, Kodiak, AK 99615 (907) 486 -8575 Fax (907) 486 -3007 Case No. 11 -011 Application Page 4 of 10 Public Hearing Items 7 -B Pa a ood. reference (d),that pertain to parking. However, the intent and purpose of the parking requirement is clearly understood. Every effort will be made to adhere to the requirements as outlined by the Community Development Department. 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; " To a certain extent, the growth of the business over the past three years has created special conditions in that the business has expanded beyond the original plans and scope. Island Seafoods has taken on three trawl boats which has significantly increased the volume of seafood being processed at the facility. This business growth is actually natural expansion resulting from the ownership by our parent company, Pacific Seafood Group, in Portland, Oregon. The company has developed markets for flatfish, halibut, salmon, cod and rockfish and the trawl vessels are necessary to provide the raw materials for these markets. The special conditions mentioned in #5 above, pertain to safety of operations that have been impacted by the growth of production at the facility. The primary goal of the variance beyond the need to meet Borough requirements is to improve the safety at the plant. 6. "That granting a variance will not permit a prohibited land use in the district involved." The proposed variance will not result in a prohibited land use. In summary, this variance request stems from the natural growth and expansion of the business, which in turn is now constrained by the limited space of the property. Granting this variance (or variances) would improve the overall safety of the operation while having a minimal impact on the Shelikof Street parking. Having a healthy seafood industry is imperative to the economic growth and development of our community, so I would strongly encourage the P &Z Board to favorably consider this request. It is anticipated that the company will eventually need to expand again, so future growth and expansion will require the company to either relocate or acquire additional property to meet both the company needs and to remain in compliance with the respective Borough codes and ordinances. I would be available at any time to discuss this request further, either on -site or at hearing or public meeting. Feel free to contact me at the number below or via email at jwhiddon @pacseafood.com. Respectfully John Whiddon General Manager Pacific Seafood Kodiak 317 Shelikof Street, Kodiak, AK 99615 (907) 486 -8575 Fax (907) 486 -3007 Case No. 11 -011 Application Page 5 of 10 3t-IEL IKOF ''. STREET N 67 •cer. raws.ourwrr CMI /M -t /Nit /!T/fy J //DI°� i Q G 131 l •, Public Hearing 1V P��►�i�Gr n. �.> 1'0 - 3c D - A. �. w/ r�oP0.5 = Il3iz sa L l - 7 - ,: ) 7 7 : r -- - '! °.= �C t¢xirs1 I5 F w 9 x i8 Lok0 i �ju.lr 3 67- /7' /0'w ST. PAUL //ARBOR 215.03 fa L'f AKA�- n jal -, 2'7so \\ ��,\ = 3�L l�ih, P. J..-s • q/ (6L L "� / 1,70 •le..01PV ✓4.0 ,fA,....)JiTioJ E. -- i 'r 4o — -s�.�- w..►r. ! -...),/10060 \ _ _400 , ce- ,,,..rie Case No. 11 -011 Application Page 6 of 10 1/1.14,2,e, ( ) ms 7 -B '10/10/12 4:23 AM 311ELIKOF • . STREE -1- Public Hearing Items 7 -B S1 PAUL [- /ARSOR /Lo -- 400 �co' -+�Nl r.Jri�A�l4a S .• JJh Case No. 11- 011PApplication Page 7 of 10 Ay -e e4_ e_ (1(), ) O l Jog abed uoneoiIddy 110- l oN ese3 Kodiak Island Borough Results T'i Map Contents _I KIB if' ❑ Water Features I+J ❑ Labels IT' Ls Streets J ES Parcels PLSS 0 Background Imagery ± KIB Boundary +1 6in Imagery ?' 1R Imagery ' { .4m Imagery !t' 2ft Imagery lm Imagery f Shapes Background L +f MI Coastline IFI Borough Boundary G http://gis.kodiakak.us/KIB/ Page 1 of 1 ESRI ESRI Support Center Help 10/21/2010 8 -L swell buueaH o!lgnd 01 JO 6 aged uo1leo!Iddy L LO l L 'oN eseo Kodiak Island Borough Results Map Contents l=∎ F KIB r Water Features r labels wi F Streets J7 Parcels £ F PISS F Background Imagery KIB Boundary �! 61n Imagery • lft Imagery • .4m Imagery l+' 2ft Imagery • lm Imagery Shapes F Background k' F Coastline ff F Borough Boundary http: / /gis.kodiakak.us/KIB/ 3-50 S/tEL b Page 1 of 2 ESRI ESRI Support Center 1clp 10/25/2010 8 -L swat' 6uueeH o!IQnd '10/10/25 6:45 PM Retail 4 1 Bottom Fish 16 it Processing Public Hearing Items 7 -B SHELIKOF STREET M in Processing Case up Area Sorting Line 711 Loading Dock Ramp and landing Power House Case No. 11 -011 Application Page 10 of 10 R2 Fero Public Hearing Items 7 -B KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 (907) 486-9363 November 3, 2010 Public Hearing Item 7 -B PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, December 15, 2010. The meeting will begin at 7:30 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: 11-011 P &W Investments, LLC (Island Seafoods) John Whiddon A Variance, according to KIBC 17.195, to allow a reduction in the number of required off - street parking spaces from 17 to 10, in support of a seafood processing (industrial) land use per KIBC 17.175.040; and, Review of an alternative parking arrangement, according to KIBC 17.175.050 to allow the provision of up to two (2) off - street parking spaces on a noncontiguous lot located within 600 feet of the seafood processing plant to supplement the 10 spaces proposed in the variance request above. City Tideland Tracts N29 -B and N26 -B (Seafood Processing Plant) 317 Shelikof Street & Lot 18, Block 3, New Kodiak Subdivision (Alternative Parking Site) 330 Shelikof Street I- Industrial (317 Shelikof) & B- Business (330 Shelikof) 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 bv 5 pm, November30, 2010 to be considered bv the commission. If you would like to fax your comments to us, our fax number is: (907) 486- 9396. 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. The toll free telephone number is 1- 800 -478 -5736. One week prior to the regular meeting, on Wednesday, December 8, 2010, a work session will be held at 5:30 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: Case 11 -011 Public Comment Page 1 of 6 Public Hearing Items 7 -B Current Location 317 & 330 Shelikof St. P & Z Case 7 -B P &W Investments, LLC Island Seafoods Request a Variance, according to KIBC 17.195, to allow a reduction in the number of required off - street parking spaces from 17 to 10, in support of a seafood processing (industrial) land use per KIBC 17.175.040; and, Review of an alternative parking arrangement, according to KIBC 17.175.050 to allow the provision of up to two (2) off - street parking spaces on a noncontiguous lot located within 600 feet of the seafood processing plant to supplement the 10 spaces proposed in the variance request above. Kodiak Island Borough GIS Feel 0 170 340 680 1 r 1 t Subject Parcels Notification Area 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. Case 11 -011 Public Comment Page 2 of 6 Public Hearing Items 7-8 MEMORANDUM DATE: November 29, 2010 TO: Planning and Zoning Commission FROM: Bud Cassidy, Director, Community Development Department SUBJECT: Information for the December 15, 2010 Regular Meeting CASE: 11-011 APPLICANT: P&W Investments, LLC (Island Seafoods) REQUEST: A Variance, according to KIBC 17.195, to allow a reduction in the number of required off-street parking spaces from 17 to 10, in support of a seafood processing (industrial) land use per KIBC 17.175.040; and, Review of an alternative parking arrangement, according to KIBC 17.175.050 to allow the provision of up to two (2) off-street parking spaces on a noncontiguous lot located within 600 'feet of the seafood processing plant to supplement the 10 spaces proposed in the variance request above. LOCATION: City Tideland Tracts N29-B and N26-B (Seafood Processing Plant) 317 Shelikof Street & Lot 18, Block 3, New Kodiak Subdivision (Alternative Parking Site) 330 Shelikof Street ZONING: 1- Industrial and B-Business 5ixty(60)publiq hearing notices were distributed on February 19;2010; Date of site visit: November 19, 2010 1. Zoning History: City Tideland Tract 26-B and Tract 29-B This area is identified as Industrial use since before the 1968 KIB Comprehensive Plan was adopted. Lot 18, BK 3 New Kodiak The north side of Shelikof Street was zoned B-Business and designated Central Business District in the 1968 Borough Comprehensive Plan, and the original platting there predates current parking regulations. Case No. 11-011 Staff Rpt Page 1 of 14 Public Hearing Items 7-B 2. Location: Physical: 317 and 330 Shelikof Street Legal: City Tideland Tract 26-B and 29-B & Lot 18, Bk 3 New Kodiak Subd. 3 Lot Size: Both City Tideland Tracts — 1.4 ac & Business lot - 4570 s.f. 4. Existing Land Use:Seafood Processing plant (including incidental retail) & machine shop 5. Surrounding Land Use and Zoning: North: Various Lots Use: Business Zoning: • B- Business South: City Tidelands Use: Vessel tie up, maneuvering Zoning: N/A East: St Herman's Harbor and breakwater Use: Breakwater and Boat Harbor Zoning: N/A West: Tr. N-29A Use: Vacant Processing Plant/ Docks/Warehouses Zoning: I- Industrial 6. Comprehensive Plan: The 2008 KIB Comprehensive Plan Update depicts this area Business (north side of Shelikof) and 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. City Tideland Tracts Industrial or Manufacturing Establishments — 1 per 700 square feet of gross floor area Lot 18, Block 3 C. In all cases, p_min!rnum of three spaces, shall be required for each principal use in a building. Case No. 11-011 Staff Rpt Page 2 of 14 Ndv*/1 0-04:560 Chris and GralLJi ANing 90' Public HearingAtams 7-B KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT to Milt Bay Road. Wink, Alaska .99615 (9(0480-9303 November 3,-2010 Public ,t leafing Item .7...B PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, Deceinbor 15,2010.. The meeting Will begin at 7:30 p.m . in the Borough Asscmhly Chambers, 710 Milt Bay Read, Kodiak, Alaska, before the Kodiak Island Borough-Planning and:Zoning Commission. to hear comments if any, on the following retinal: CASE: APPLICANT: AGENT: REQUEST: LOCATION:- ZON1NCi: 11,011 Investments, LLC (Jsland Seafoods) John WhicIdon A Variance, according to KIBC 17:105. to allow a reduction in .the number of required off-street parking .spaces from 17 to 10, in support of a seafood processing (industrial) land use per KIBC 17.115.040: and, • Review of an alternative parking arrangement; according to KIBC 17,175.050 to allow the provision of llp 10 two (2) off-strect parking spaces ou a noncontiguous lot located within 600 feet of the seaRMil processing plant to supplement the 10 spaces proposed in the variance -request above. City Tideland Tracts N29-8 and N26,13 (Senfood ProcesSing- Plant) 317 Shelikaf Street & Lot 18. Block 3, New Kodiak SubdhisiOn (AlicrnetiYe .Parking Site) 330 S helikof Street 1-Industrial (317Shelikot) & B-E3usiness (,330 Shelikor). This notate ts being sent; tu you because otir records indicate you are a propeny owner/interested party in the area of° the regiiest: if you do not Osh to testify verbally. you may ,provide your comments_ in the space below, or in a letter to the ttimtinmity Dtiveleritnent Department. li:tittett comments nuNt he -reccf%ett -ht ::.. unt:NovennitT30. 2eiti ' to ire '0.4) tr=ita-red, ;bv thy ...11:acitisciou. 11 yen would like to fait yourcomments to us, our fax number is: (907) 486- 9396: If you woutd like to testify via telephitne, please eallin your continents during the appropriate public eating section of the itteOktg. The local ealt.:ill telephone number is 486-3231. The tell free telephone number is 1-/IW4711-5734. ' Ofie.week prior to the tegular meeting, on Wednesday„ laeceniber 8, 201ty,',a Work se$Sion, wiR •be held at 5:39 p.ra:: in the Kodiak Island Boninghitonference Room (#121). to tgvicw the peeket Material for the eake. Kodiak island Botong,h Cede provides you with specific appal rights 'if you, disagree with the Corruniwion's decision On this request: lf you he any-queitions about the request or your appeal rights, please feel free to call us 01 486-9363. A .-- 'your Nam* ' , .f.t. . li our properly tlesgrl tiOIW fr-----:Siii ., . , li: 0 (0. it, :, OP / 4 P I' Pr - 0 le Irli ..5 il/ • ;la , Ir. et . „Agiffilifftef 0 e AffilMiterti ik EMI: , 1 :0 . • . - i, ie _ 41 A It ‘ / 4if AI. ......... A ' IFI , .4.—._ 1 , , It " t", 4f'" ' 6 ' it , e , • !.., , _ Ef ir viiriapt- . v .t i el 1 , - r , I e Case 11-011 Public Comment Page 5 of 6 6. • Public Hearing Items 7-B \q> * \054# Case 11'o11 Public Comment Page omn t Public Hearing Items 7-B FRANCIS COSTELLO CITY OF KODIAK JEFFREY JOHNSON PO BOX 4451 P.O. BOX 1397 211 W. HILLCREST ST KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 JOYCE GREGORY JOHN JOHNSON VICTOR DOWNING 215 W, HILLCREST Si 236 W REZANOF DR 217 W. HILLCREST ST KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 JEROME BONGEN LIVING TRUST CHRISTINA LYNCH JOHN JOHNSON PO BOX 3523 11175 LAKE ORBIN DR 236 W REZANOF DR KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 MARY MONROE LIVING TRUST PATRICIA OLSEN LESLIE T JAMES 308 COPE ST P0 BOX 1014 PO BOX 536 KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 DUKE JONES ALLAN THIELEN DIANA MACDONELL P.O. BOX 1604 318 W HILLCREST ST PO BOX 4302 KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 TONYA M BROCKMAN 171 OTTER AVE KODIAK, AK 99615 JANE SAUER 1436 "0" ST ANCHORAGE, AK 99501 ROBERT LACHOWSKY LESLIE JAMES 315 COPE ST P 0 BOX 536 KODIAK, AK 99615 KODIAK, AK 99615 ALEXUS KWACHKA 326 COPE ST. KODIAK, AK 99615 CRAIG BAKER P.O. BOX 8514 KODIAK, AK 99615 KERRY KEARNS PO BOX 8256 KODIAK, AK 99615 318 COPE ST KODIAK, AK 99615 MARGARET HOLM 303 COPE ST. KODIAK, AK 99615 THOMAS WALTERS RUSSELL WELBORN REV LIVING STEPHANIE ZAWICKI P.0, BOX 3336 TRST 18991 E. MOYEN RUELLE COURT KODIAK, AK 99615 505 38TH ST PALMER, AK 99645 ANACORTES, WA 98221 SUSAN JEFFREY MONTE NEDROW KURT R ERIKSSON P.O. BOX 3363 P0 BOX 8983 PO BOX 1552 KODIAK, AK 99615 KODIAK, AK 99615 SOLDOTNA, AK 99669 Case 1 1-011 Public Comment Page 3 of 6 Public Hearing Items 7-B MONTE NEDROW GLENN DICK THOMAS KOUREMETIS PO BOX 8983 11879 MIDDLE BAY DR PO BOX 1392 KODIAK, AK 99615 . KODIAK, AK 99615 KODIAK, AK 99615 MICHAEL RUOFF JOSHUA LEWIS: GLENN DICK PQ BOX 911 P a BOX 456 11879 MIDDLE BAY DR KODIAK; AK 99615 KODIAK, AK,99615 'KODIAK, AK 99615 MICHAEL HE, LLIGSO WILLIAM BISHOP LEIF BROCKMAN 318 W. REZANOF DR 302 MARINE WAY PO:BOX 99 KODIAK, AK 99615 KODIAK, AK 99615 BLACHLY, OR 97412 MARK ANDERSON KYLE CROW LANA JANE MONTEIRO 1124 ST.ELLER WAY ,P0 BOX 6103 P.O BOX 1072 KODIAK, AK: 99615 S1TKA, AK 99835 KODIAK, AK 99615 CHRISTOPHER WING. TOM KOUREMETIS ISLAND FISH CO., LLC. PO BOX 2827 PO BOX 1392 317SHELIKOF ST KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 LELAND JAMES 'LANA MONTEIRO THOMAS LORAN ETAL 4635 - 194TH AVE SE PQ BOX 1072 410 SHELIKOF ST ISAQUAII, WA '98027 KODIAK AK 99615 KODIAK,. AK 99615 P &W INVESTMENTS LLC KODIAK MARINE SUPPLY INC NORMAN URSINSR 317 SHELIKOF ST P0 BOX 99098 1715 W. NICKERSON ST KODIAK; AK 99615 SEATTLE, WA 98199 SEATTLE, WA 98119 INT'L SEAFOODS OF ALASKA P.O. BOX 2997 KODIAK., AK 99615 LIC P.O. BOX 4174 KODIAK, AK.99615, Case 11-011 Public Comment Page 4 of 6 Public Hearing Items 7 -B 17.175.050 OFF - STREET PARKING — LOCATION. All parking spaces required under KIBC 17.175.040 shall be on the same lot as, or any contiguous lot in common ownership as, the principal building or use that they serve; provided, that_if the commission finds that it is impractical to locate the spaces on such lot, it may.permit them to be located on any_lot within 600 feet of the principal building ! or use. The lot must be in common ownership or a long -term easement, license, or permit for use of the alternative parking shall be secured. All parking spaces required under KIBC 17.175.040 shall be located in a use district permitting the use which they serve. [Ord. 90 -45 §2, 1991. Formerly §17.57.050]. 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. 117.195.030 INVESTIGATION. L An investigation of the variance request shall be made and a written report provided._ to the commission by the community development department. The findings requi_red_t_o_. be made by the commission shall be specifically_ addressed in the report; 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 land 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. Case No. 11 -011 Staff Rpt Page 3 of 14 Public Hearing Items 7-B 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_inthe vicinity nor be detrimental to the public's_health,:, safety or general welfare; 4. That the granting of the variance will notlpe 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 it-0hp district _ . involved.1 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 fandangs 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. 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. Case No. 11-011 Staff Rpt Page 4 of 14 Public Hearing Items 7 -B 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. Coastal Management Applicable Policies 4.4 Enforceable Policies B. Coastal Development Policy B -1: Multiple Use a. Structures or dredged or fill material placed in coastal waters shall be designed to minimize the need for duplicative facilities. consistency: _ Not Applicable. No dredge or fill work is planned for this development' b. This policy is established for the Coastal Development standard (11 AAC 112.200) subject use. It applies to all uses and activities related to siting of facilities in or adjacent to coastal waters and placement of dredged or fill material into coastal waters. consistency: Not Applicable. This site is not located in or adjacent to coastal waters l Policy B -3: Dredge and Fill Activities a. An applicant for a project that will place structures or discharge dredge or fill material into coastal waters must include in the project description measures that will limit the extent of direct disturbance to as small an area as possible. Consistency: Not Applicable. The project will not place a structure or discharge dredge or fill'materia( into coastal waters d b. This policy is established for the Coastal Development standard (11 AAC 112.200) subject use. It applies to all uses and activities related to placement of structures in or adjacent to coastal waters and placement of dredged or fill material into coastal waters. 'Consistency: Not Applicable. The activity will not involve placement of structures in or adjacent to coastal waters or placement of dredge or fill material! C. Natural Hazards Policy C -1: Erosion and Landslides a. Proposed development and resource extraction activities in designated erosion hazard areas shall: 1. Minimize removal of existing vegetative cover, and 2. Stabilize soils and re- vegetate with native species for areas where development necessitates removal of vegetation, unless re- vegetation activities would cause more damage. Consistency: Not Applicable. The project is not located in a known erosion or landslide hazard area.; b. Subsection a applies to areas designated as erosion hazards under 11 AAC 114.250(b) as described in Section 4.5.2. consistency: Not Applicable. The project is not located l a known erosion, hazard area D. Coastal Habitats and Resources Policy D -5: Wind Generation and Bird Habitat a. The applicant shall incorporate measures into the project description regarding the siting of wind generation projects to minimize mortality to birds. These measures shall include, but are not limited to, installation of turbines on the tallest towers practicable for the site, configuration of towers to reduce the likelihood of bird strikes, and use of tubular towers, fully enclosed nacelles or other appropriate technology that has been demonstrated to reduce bird mortality from wind turbines. Case No. 11 -011 Staff Rpt Page 5 of 14 Public Hearing Items 7-B Not Applicable. Theproject does not involve a wind generation b. This policy applies to uses and activities related to the Energy Facilities Standard 11 AAC 112.230. Consistency: Not Applicable. The project does not involve the devel nt or construction ofari 'energy *J H. Recreation Policy H-1: Protection of Recreation Resources and Uses a. On public lands and waters used for recreation activities within desi ated recreation areamoron private lands a d waters within designated recreation areas where the landowner has granted formal permission for recreational activities, non-recreational projects and activities shall be Iocated, designed, constructed and operated to avoid significant adverse impacts to recreation resources and activities, including access and scenic views unless a comparable alternative recreational opportunity can be provided that would not decrease the qualily of the recreation expenence in another area. Consistency: applicable This request doesoot|nvo|vetheuoeordeva|o"nlentof ^ub|ic|mndua Ivvaters used for recreation or any other public our•ose. b. Acces through water bodies shall be maintained. 1. Fences shaU not be constructed across streams, 2. Bridges must be constructed at Ieast four feet above the ordinary high water mark, 3. Structures, other than weirs, shall not impede travel by watercraft along waterways, and 4. Weirs shall be constructed to allow for small boat passage over or around the structures, and warning signs shall be placed at least 25 yards upstream of the weirs. 'Consistency: Not Applicable. The project does not involve development along a water body that mmay e used for recreation or subsistence purposes). c. This policy applies to areas designated for recreation under 11 AAC 114.250(c) as described in Section 4.5.1, and it applies to all uses and activities that could affect recreational values described in the resource inverltory and analysis. Consistency: Not applicable. is not specifically identified or reserved for recreational us imder 11 AAC 114.250(d I. Archaeological and Historic Resources Policy 1-1: Consultation and Surveys a. For projects within the historic and prehistoric designation area, the applicant shall submit with the consistency review packet an assessment of potential impacts to historic and prehistoric resources and a plan for the protection of those resources. As part of the assessment, the applicant shall consult with the KIB, tribal entities and the Alutiiq Museum. Consistency: —1r rchaeological resources are disturbed in the development process the developer will alt operations untilthe extent of the resources can be determined and a plan develop–e-Ei to either preserve the resources on-site orsroperly remove them to an appropriate archaeological repositoryj b. This policy is established for areas designated for the study understanding and illustration of history and prehistory under 11 RAC 114.25O(i)es described in Section 4.5.4. It applies to all uses and activities that could affect these resources. Consistency: Unknown. The project is not located in an area identified as a historic or prehistoriq i-esource areal- Case No. 11-011 Staff Rpt Page 6 of 14 Public Hearing Items 7 -B Policy 1 -2: Resource Protection a. For projects within the historic and prehistoric designation area, if previously undiscovered artifacts or areas of historic, prehistoric or archaeological importance are encountered during development, an artifact curation agreement will be developed between the landowner, appropriate state of federal preservation authorities, and the curation facility if artifacts are discovered on the project site. Consistency: Unknown. The project may be located within an undesignated historic or prehistorid lrea. It is common to keep the location of historic and prehistoric areas confidential Order to protect these areas from unauthorized accessJ b. This policy is established for areas designated for the study, understanding and illustration of history and prehistory under 11 AAC 114.250(i) as described in Section 4.5.4. It applies to all uses and activities that could affect these resources. onsistency: Unknown. The project may be located in an area identified for the study, understanding or illustration of history and prehistory under 11 AAC 114.250(i)j K. Mineral Extraction and Processing Policy K -1: Siting of Material Sources a. Sources of sand and gravel shall be authorized in the following priority: 1. Upland sites, including river terraces above historic high water, 2. Areas of low habitat value, including river bars, 3. Streams which do not provide fish habitat, and 4. Other habitats. onsistency: Not Applicable. The project does not involve the extraction or processing of sand and /or ravel resources? b. This policy applies to the sand and gravel standard (11 AAC 112.260). Consistency: Yes. The project does involve extraction of rock and gravel resources 4.5 Designated Areas N/A 4.5.1 Recreation Areas N/A 4.5.2 Natural Hazard Areas N/A 4.5.3 Important Habitat Areas N/A 4.5.4 Historic and Prehistoric Resource Areas N/A 4.5.5 Commercial Fishing and Seafood Processing Facilities N/A 4.5.6 Subsistence Areas N/A Case No. 11 -011 Staff Rpt Page 7 of 14 Public Hearing Items 7-B COMMENTS INTRODUCTION This case has changed direction from the case as originally advertised. The reason for this is the new site plan/parking plan provided by the applicant. The revised parking plan shows sufficient area to meet at least 18 of the 20 off-street parking spaces that would be required by a re-evaluation of the parking calculations for the site. That means that the request for a variance is no longer needed. But what remains is for the commission to make a "finding" that additional parking that is not provided on-site can be provided on another site (Lot 18, Block 3 New Kodiak Subdivision) located within 600 feet of the principal building or use. PARKING CALCULATIONS Building Space Determination Our calculations show that the applicant is in need for 20 parking spaces for the square footage provided at the processing plant. We have determined that the total area of all additions that make up the plant is 14.162 square feet. That figure is determined as follows: Building A — 10,000 square feet (two floors at 5,000 s.f. apiece) Building B — 2750 square feet Building C - 312 square feet Building D - 1100 square feet 14,162 — S.f. Total Parking. Space Calculations Borough Code (KIBC 17.175.040) states that for industrial establishments, one parking space is required for every 700 square feet of gross floor area. Therefore, 14,162 gross floor area divided by 1 parking space for every 700 square feet of building space equals 20.23 spaces or rounded down equals 20 spaces. This represents three (3) more spaces required than were identified on the zoning compliance permit for CZ2007-062 which only require seventeen (17) off-street parking spaces. It should be noted that this calculation figures the 312 square feet of retail fish market as incidental to the industrial use. Staff believes this is justifiable because they are selling fish products related to the industrial use and not something entirely unrelated. In addition, the use is indicated in the narrative submittal to be seasonal in nature occurring only from May to September. Typically, the code requires a minimum of three off-street parking spaces for each principal use in a main structure. As another measure of "incidentalness" the parking calculation for a retail use would typically be 600 square feet or more to reach a parking requirement for three (3) off-street parking spaces. For these reasons staff believes the retail in this case is incidental to and an integrated part of the overarching industrial use. Based on the revised parking plan submitted by the applicant, the number of parking spaces that have been made available on the on Island Seafoods parcels (Tract N 26B and Tract 29B) is 18 spaces with 2 spaces to be provided "off site" and provided across the street on Lot 18, Block 3, New Kodiak Subdivision. That 20 parking space count on Case No. 11-011 Staff Rpt Page 8 of 14 Public Hearing Items 7 -B the two Tots meets the parking requirement for the facility. It should be noted that the site plan submitted appears to have some issues of scale and staff would require these issues to be resolved on a final site plan for zoning compliance purposes. In reviewing this site plan /parking plan, staff observed several discrepancies that have been rectified in this revised calculation. There is a second floor in the main building representing an additional 5,000 square feet that was unaccounted for. However this additional was largely offset by floor area that was attributed to van trailers stored on the site. Typically, vans are licensed vehicles are considered to be occupying loading berths which the borough code allows to be counted as part of the overall parking complement, particularly in seafood processing site applications. In addition, storage vans which have been converted to accessory buildings do not typically have a parking calculation associated with them, although it is recognized that along with other outdoor storage items these vans may reduce the availability of off - street parking area. Lot 18, Block 3 New Kodiak This business is the site of a former "small scale" seafood process plant that was permitted as a "similar use determination ". It has a grandfathered parking space right of nine (9) off - street parking spaces with only five (5) actual parking spaces located onsite. It is no longer used as a seafood processing plant, but the grandfather right of 5 parking spaces still exists. If you reserve two of the spaces for the Island Seafood plant the remaining 3 spaces are sufficient to satisfy the parking need of the use that is currently occurring at this site. That use is a machine shop. A machine shop has a parking requirement of 1 space per 700 square feet of gross floor space. Based on the size of the building at 1,875 square feet, required parking is calculated to be 2.6 spaces which would be rounded up to three (3) off- street parking spaces. That being said, KIBC 17.175.040 (c) states: that in all cases, a minimum of three spaces shall be required for each principal uses in the building. In the end, the five (5) grandfathered parking spaces are adequate to meet the three (3) required spaces based on the machine shop use occurring in the structure found on this lot and provide two (2) additional spaces that can be reserved to meet the parking at Island Seafoods. Staff notes however that the machine shop use has been established without benefit of zoning compliance so that there is a need to review a revised site plan for Lot 18 and document the changes to the use as well as the revision to the parking space allocation. The upshot of this action however is that Lot 18 will be abandoning it grandfather rights to nine (9) off - street parking spaces and any subsequent change of use on the site that requires an increase parking requirement will likely require a variance if the two (2) guest parking spaces cannot be released in the future from the requirement to serve the use of the seafood processing use across the street. 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 Case No. 11 -011 Staff Rpt Page 9 of 14 Public Hearing Items 743 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. LACK OF PROCESSING SITES Most of the sites where fish processing could occur are occupied or there is an interest in the property that prevents their use. Do we deny the right of a thriving business to grow because there is limited ability to grow? Fishing is the primary industry of this community. Supporting economic growth with processing expansion is important, but do you ignore the rules on the books that are meant to resolve an issue? ISLAND SEA FOODS REVISED PARKING PLAN Island Seafoods recognized their parking problem and that they are a victim of their own success. They approached the borough with this request. They have rearranged the site to accommodate additional parking as well as additional maneuvering space for their equipment and vans etc. The applicant foresees continued growth of the operation. But it is important that an approved parking plan not only be on paper, but be the parking that is actually utilized on the ground. To the processing plants credit, submitting a revised parking plan that attempts to meet the parking code is laudable. They have indicated. a willingness to rearrange how they conduct business on the site to accommodate the needed parking, but don't believe that it will be enough and therefore still require the use of a parking lot in common ownership across the street for two (2) of the required off-street parking spaces. 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. Ultimately it is the Commissions prerogative to determine what "reasonable" development entails, however from the staff perspective in developing variance Case No. 11-011 Staff Rpt Page 10 of 14 Public Hearing Items 7 -B 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 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. RECOMMENDATION Staff believes that the required off - street parking for Tracts N 29 -B and N26 -B can be met can be met by providing a combination of onsite parking and satellite parking on a lot in common ownership (Lot 18, Block 3, New Kodiak Subdivision). Although staff does not believe that a variance is now required, it is appropriate for the commission to make a motion and then deny the motion unless the petitioner formally withdraws that portion of the request in writing. It is also recommended that the commission make a finding that two (2) off - street . parking spaces required to serve the processing plant located on City Tideland Tract N26 -B & N29 -B may be provided by a combination of onsite parking (18 spaces) and satellite parking (2 spaces) on the alternative site (Lot 18, Block 3, New Kodiak Subdivision) that is within 600 feet of the principal building or use. APPROPRIATE MOTIONS Should the Commission agree with the staff recommendation, the appropriate motions are: Motion #1 Move to grant a variance, according to KIBC 17.195, to allow a reduction in the number of required off - street parking spaces from 17 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 November 29, 2010 as "Findings of Fact" supporting the DENIAL of this request. Case No. 11 -011 Staff Rpt Page 11 of 14 Public Hearing Items 7 -B FINDINGS OF FACT 17.66.050 A.1. Exceptional physical circumstances or conditions applicable to the property o r 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. If there is something atypical it is that the site has historically been open enough to provide the necessary off - street parking without the need for variances or satellite parking arrangements. As noted in the staff analysis however it is the intended use for seafood processing and the changes that occur to that industry periodically which typically drive the need to maximize the use of the site for seafood processing related uses in lieu of off - street parking. Staff has performed a new analysis of the site and corrected some errors of the prior parking calculation. In addition the petitioner has also re- worked the site plan such that a variance is no longer required. It should be noted that this information was submitted only recently and this new information would typically justify a postponement if not for the fact that the parking issues appear to be resolved (subject to the approval of satellite parking for at least two [2] off - street parking spaces). 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 relief from parking requirements in the past. It should also be noted that this area was originally developed long before the advent of modern parking requirements and the community growth that has resulted in a largely "auto - dependent" lifestyle for many residents. The relief requested in this case therefore has to be reconciled with the overall lack of parking in this overall area and the fact that 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 and age. It is prudent therefore to work with property owners to provide the maximum number of required off - street parking spaces 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.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. Case No. 11 -011 Staff Rpt Page 12 of 14 Public Hearing Items 7 -B Since there is no longer a need for a variance it does not appear that there will be any material damage or prejudice to other properties in the vicinity. 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. This area is designated for industrial and commercial use, particularly seafood processing along the waterfront. 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 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 this case, both staff and the petitioner have re- evaluated the site and believe now that up to eighteen (18) off - street parking spaces may be provided onsite (with the inclusion of loading berths) such that the grant of a variance is no longer required. 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. Motion #2 Should the Commission agree with the staff recommendation, the appropriate motion is: Move to grant approval of a parking plan, according to KIBC Section 17.175.050, that would permit two (2) off - street parking spaces proposed to be located on Lot 18, Block 3, New Kodiak Subdivision, which are impractical to be located on Tracts N29 -B and N26 -B, City Tidelands, in order to support the seafood processing use, and that two (2) off - street parking spaces located on Lot 18, subject to conditions of approval, will provide a safe and practical off- street parking alternative to the off - street parking that would typically be required on Tracts N26 -B and N29 -B, subject to conditions of approval in the staff report dated November 29, 2010, and to adopt the findings in the staff report as "Findings of Fact" for this case. Case No. 11 -011 Staff Rpt Page 13 of 14 Public Hearing Items 7 -B CONDITIONS OF APPROVAL 1. The applicant shall obtain an "after- the - fact" zoning compliance permit to address the apparent change of use on Lot 18 from small scale seafood processing to the current machine shop use. 2. The applicant shall obtain a new zoning compliance permit for Tracts N26 -B and N29 -B showing a scale drawing of the site with at least eighteen (18) off - street parking spaces including loading berths. 3. The two (2) off - street parking spaces located on Lot 18, will be signed or marked so as to be clearly associated with the uses on Tracts N26 -B and N29 -B. 4. The petitioner shall obtain letters from the City of Kodiak Public Works Department that there is no objection to the use of Shelikof Street right -of -way for additional pedestrian crossings due to the is satellite parking layout. FINDING 1. The petitioner has worked with staff to eliminate the need for a variance request by providing additional on -site parking and the relocation of two (2) off - street parking spaces to an alternate site within 600 feet is a preferable outcome to the prospect of granting a variance and potentially adding an additional demand for limited on- street parking. Case No. 11 -011 Staff Rpt Page 14 of 14 '10/10112 10:58 PM October 13, 2010 Bud Cassidy Director of Community Development Department Kodiak Island Borough 710 Mill Bay Road Kodiak, AK 99615 Dear Mr. Cassidy Public Hearing Items 7 -B It was brought to my attention that the Borough has determined that the Island Seafoods property is out of compliance with regard to parking requirements. Until yesterday, we were unaware that we were considered "out of compliance" since the last review of our parking performed in March of 2007 confirmed that the property was in compliance. Although we have not added any property or changed our parking requirements, this business has definitely grown in volume in the past three years. We have contracted with two different consultants to review the status of our property in anticipation of future growth. PND Engineers, Inc is preparing the permit for the Corps of Engineers preparatory to modifying or expanding our dock. KPB Architects is concurrently conducting a code review to determine where the property stands with regard to building code compliance. The cost of both projects exceeds $25,000, so we are definitely taking this matter seriously. Additionally, although it is a very slow and complicated process, we are exploring the acquisition of adjacent property to handle the parking requirements per the Borough Code. If the above mentioned mitigating facts are insufficient to preclude a code violation, then we will be submitting a request for a variance to allow us to continue to operate the business. Sincerely, kg-t41- John Whiddon General Manager Island Seafoods Cc: Jack Maker, Code Compliance Officer Rick Gifford, Borough Manager Jay Johnson, Clarion Construction Aurora Courtney, PND Engineers, Inc Ken Burkhart, KPB Architects 317 Shelikof Street, Kodiak, AK 99615 (907) 486 -8575 Fax (907) 486-3007 Case No. 11 -01P11Appendix Page 1 of 8 Public Hearing Items 7 -B STATE OF ALASKA '• PROJECT LOCATION LATITUDE 57.7888, LONGITUDE 152.4134 KODIAK 1 4 LOCATION MAP 5r47 NEAR ISLAND ROUND IS MASS 9++0 E77SSTINO BREAKWATERS 57 KRYAN NARBOR HIGH TIDE LINE (HTL) 10.7' MEAN HIGH WATER (MHW) 7.8' MEAN LOWER LOW WATER (MLLW) 0.0' VICINITY MAP PURPOSE: PROVIDE DEEPER DRAFT DOCK AND EXPAND FACILITY REMOVAL OF EXISTING DOCK FOR SAFETY REASONS DATUM: 0.0' MLLW ADJACENT PROPERTY OWNERS: KODIAK ISLAND BOROUGH NORMAN URSIN SR. STATE OF ALASKA VICINITY MAP ISLAND SEAFOODS 317 SHELIKOF ST. KODIAK, AK 99615 ISLAND SEAFOODS FACILITY MODIFICATIONS AT: ST PAUL HARBOR IN: KODIAK, AK OCT 4, 2010 SHEET 1 of 5 Case No. 11 -011 Appendix Page 3 of 8 Public Hearing Items 7 -B 11101076 3HE U a 11L Rita' 30'00' PROPOSED SLROCE PLATE ORM PPROXUAATE 112'x30' EXISIIltC DOCK TO BE REMOVED PROVIDE DEEPER DRAFT DOCK AND EXPAND FACILITY REMOVAL OF EXISTING DOCK FOR SAFETY REASONS DATUM: 0.0' MLLW ADJACENT PROPERTY OWNERS: KODIAK ISLAND BOROUGH NORMAN URSIN SR. STATE OF ALASKA SITE LAYOUT PLAN ISLAND SEAFOODS 317 SHELIKOF ST. KODIAK, AK 99615 ISLAND SEAFOODS FACILITY MODIFICATIONS AT: ST PAUL HARBOR IN: KODIAK, AK OCT 4, 2010 SHEET 2 of 5 Case No. 11 -011 Appendix Page 4 of 8 9, 9 a Public Hearing Items 7 -B PROPOSED SERVICE PLATFORM in N 18 "0 SUPPORT PILE, TYP 25' 0 I A EXISTING DOCK f-18-0 SUPPORT j PILE, TYP PROPOSED DOCK A BENT BENT BELOW RTL c g c 2850 G V NI G o nx O O SURFACE AREA — NET GAIN (sf) 350 A BENT BENT 18`0 BATTER PILE, TYP 18 -0 FENDER PILE. TYP PURPOSE: PROVIDE DEEPER DRAFT DOCK AND EXPAND FACILITY REMOVAL OF EXISTING DOCK FOR SAFETY REASONS DATUM: 0.0' MLLW ADJACENT PROPERTY OWNERS: KODIAK ISLAND BOROUGH NORMAN URS1N SR. STATE OF ALASKA PILE LAYOUT PLAN ISLAND SEAFOODS 317 SHELIKOF ST. KODIAK, AK 99615 ISLAND SEAFOODS PERMIT DRAWINGS AT: ST PAUL HARBOR IN: KODIAK, AK OCT 4, 2010 SHEET 3 of 5 Case No. 11 -011 Appendix Page 5 of 8 BELOW RTL BELOW MHW SURFACE AREA OF NEW DOCK (sf) 2850 2850 SURFACE AREA OF NEW SERVICE PLATFORM (sf) 900 900 SURFACE AREA REMOVED (sf)' 3400 3400 SURFACE AREA — NET GAIN (sf) 350 350 PILES TO BE REMOVED 36 36 PILES TO BE ADDED 37 37 PILES GAINED 1 1 EXCAVATION (cy) 0 0 FILL MATERIALS 0 0 18`0 BATTER PILE, TYP 18 -0 FENDER PILE. TYP PURPOSE: PROVIDE DEEPER DRAFT DOCK AND EXPAND FACILITY REMOVAL OF EXISTING DOCK FOR SAFETY REASONS DATUM: 0.0' MLLW ADJACENT PROPERTY OWNERS: KODIAK ISLAND BOROUGH NORMAN URS1N SR. STATE OF ALASKA PILE LAYOUT PLAN ISLAND SEAFOODS 317 SHELIKOF ST. KODIAK, AK 99615 ISLAND SEAFOODS PERMIT DRAWINGS AT: ST PAUL HARBOR IN: KODIAK, AK OCT 4, 2010 SHEET 3 of 5 Case No. 11 -011 Appendix Page 5 of 8 y Pubic Hearing Items 7 -B FEND FENDER, PILE S0' -0' BULLIWL SUPPORT GIRDER, mY' DECK k PILE. T1P 141 p II 11 !1 I PILE CAP —IIR = 10.7 —NNW n 7.8' SUPPORT PILE, 71P 25'-0' t PILE PILE A -A TYPICAL PROPOSED DOCK SECTION MIS COSTING NGDUNE PURPOSE PROVIDE DEEPER DRAFT DOCK AND EXPAND FACILITY REMOVAL OF EXISTING DOCK FOR SAFETY REASONS DATUM: 0.0' MLLW ADJACENT PROPERTY OWNERS: KODIAK ISLAND BOROUGH NORMAN URSIN SR. STATE OF ALASKA TYP DOCK SECTION ISLAND SEAF00DS 317 SHEUKOF ST. KODIAK, AK 99615 ISLAND SEAFOODS PERMIT DRAWINGS AT: ST PAUL HARBOR IN: KODIAK, Al( OCT 4, 2010 SHEET 4 of 5 Case No. 11 -011 Appendix Page 6 of 8 1 Public Hearing Items 7 -8 J0._0- PILE CAP —Ii1L 10.7' —WNW v 70 MW, 0' EXISTING MUDLINE PILE B -B TYPICAL SERVICE PLATFORM SECTION ?ifs PURPOSE: PROVIDE DEEPER DRAFT DOCK AND EXPAND FACILITY REMOVAL OF EXISTING DOCK FOR SAFETY REASONS DATUM: 0.0' MLLW ADJACENT PROPERTY OWNERS: KODIAK ISLAND BOROUGH NORMAN URSIN SR. STATE OF ALASKA TYP SERVICE PLATFORM SECTION ISLAND SEAFOODS 317 SHELIKOF ST. KODIAK, AK 99615 ISLAND SEAFOODS PERMIT DRAWINGS AT: ST PAUL HARBOR IN; KODIAK, AK OCT 4, 2010 SHEET rJ of 5 Case No. 11 -011 Appendix Page 7 of 8 101076 Project Description; Island Seafoods Waterfront Facility Modification Public Hearing Items 7 -B 9/29/10 This project consists of removing the condemned dock on the northeast side of the property due to safety concerns. This dock was previously used to support the facilities' ice plant which will be relocated. A service platform will be added adjacent to the existing offloading pier to support the ice plant. Additionally, the existing offloading dock will be expanded to accommodate deeper draft vessels and provide additional dock space. *Dock to be removed dimensions are approxima net gain could be slightly off. Case No. 11-011 Appendix Page 8 o18 therefore D ENG NEERS, INC. Below HTL. Below MHW Surface Area of new dock (sf) 2850 2850 Surface Area of new service platform (sf) 900 900 Surface Area Removed (sf}* 3400 3400 Surface Area —Net Gain (SF) 350 350 Pile's to be removed 36 36 Piles to be added 37 37 Piles gained 1 1 Excavation (CY) 0 0 Fill materials 0 0 *Dock to be removed dimensions are approxima net gain could be slightly off. Case No. 11-011 Appendix Page 8 o18 therefore D ENG NEERS, INC. Nov 30 10 04:56p Chris and Grey •' 1 Wing 560098 p.1 KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 (907) 486.9363 November 3. 201 U Public timing Item 7 -13 PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, December 15, 2010. The meeting will begin at 7:30 p.m. in the Borough Assembly C'hambcrs, 710 Mill Bay Road, Kodiak, Alaska, before thc Kodiak Island Borough Planning and Zoning Commission, to hear comments if any, on the following request: CASE: APPLICANT: AGENT: REQUEST: LOCATION: ZONING: 1I -01I P &W Investments, LLC (Island Seafoods) John Whiddon A Variance, according to KIBC 17.195. to allow a reduction in the number of required off - street parking spaces from 17 to 10, in support of a seafood processing (industrial) land use per KIBC I7.175,(140: and, Rcvictiv of an alternative parking arrangement, according to KIBC 17.175.050 to allow thc provision of up to two (2) off - street parking spaces on a noncontiguous lot located within 600 feet of the seafood processing plant to supplement the 10 spaces proposed in the variance request above, City Tideland Tracts N29 -B and N26 -B (Seafood Processing Plant) 317 Shelikof Street & Lot 18. Block 3. New Kodiak Subdivision (Alternative Parking Site) 330 S hcl ikof Street I- Industrial (317 Shelikul) & B- Business (330 Shelikvt) This notice is being sent to you because our records indicate you are u property ownerllmerested party in the area of the request. If you do not with to testify verhally„ you may provide your comments in the space below, or in a letter to the Community Development Department. 11'ritsu cornmeal, neat hie reed\ ed h+ 5 um. s:n:vruber30. 2tille to be etatirkroil in the v „mmiscit,n. If you world tike to fax your comments to us, our fax number is: (907)486- %96. If you would like to testify via telephone, please tall in your comments during the appropriate public hearing section of the meeting. The local calf -in telephone number is 486 -3231. The toll free telephone number is 1-800- 478 -5736. One week prior to the regular meeting, on Wednesday, December 8, 201U, a work session will be held at 5:30 p.m. in the Kodiak Islam! Borough Conference Room (4121), to review the packet material for the case. Kodiak Island Borough Code provides you with specific appeal rights if you disagree with the C'ornntis-sion's decision en this request. If you have any questions about the request or your appeal rights. please feel free to call us al 486 -9363. �ry ,!, PCB.. ;3a7 } "our Nom ) • R Pj / 4T" My Addr `F', ¢ Your properly dtscri thin: .32- IJ-- �^".,{�__fj - • I -iL '? t '” 41. > :'UI' s s t • 9 4% e y ,. eff, • - �� L4 L A d'Lnl•b� - 1 0 D}� • s Tma ,'p i % ice w .Y.I r 1 l ' i t• 4P. ' Yt il L.' r It ic414 1 6 s gill / �9 Uri-,e4, e 'K.• tt.1/60 ♦ _r •I t1'" ' f t 7 ra£". ter .oe$t 'F ",, e-j roe ,ante itiv /� .7,. ,/17/ Zvi 20* rip .� 25 PARKING SPACES (10)(20') 2 HANDICAP SPACES (1-1.55( 202 NOTE: CURBS AND SIDEWALKS ARE FUTURE PARKING LAYOUT WILL BE AS PROPOSED THIS ;IAN 915 d23 to 5v„7 Kodiak Island Borough Results Map Contents F KIB ® r Water Features D r Labels t33 F Streets r31 F Parcels F PLSS F Background Imagery KIB Boundary 9 6in Imagery • lft Imagery i+ .4m Imagery ±i 2ft Imagery 9 lm Imagery Shapes F Background F Coastline • F Borough Boundary http: / /gis.kodiakak.us/KIB/ Page 1 of 2 / � J' ESRI ESRI Support Center Help Gar- .64-3 / a./ fVz946 //1.26 11/28/2010 29.942 5• S 67-171 !0 Yd Sr PAUL NARBOR Kodiak Island Borough Results 1P • W INVESTMENTS LLC (Lot Linn) 1949948.02, 13 :y 'JP & W INVESTMENTS LLC GEOID R1100000150 PROP_1D 14846 Eeempt_Code_ 1 Zone Type IND Use WFB first_name last name P & W INVESTMENTS LLC Legal_Description ATS 49 TR N -298 Street_Num 317 Street_Name SHELIKOF ST Street_Direction Unit Null Mail_Line l 317 SHELIKOF ST Mail_Une_2 Mail_City KODIAK Mail_State AK Mail_Zip 99615 Land_Value 227400 Build__Value 480700 Total_Value 708100 Land_UOM 9 Land_Units 32630 Acres 0.75 Page 1 of 1 ESRI ESRI Support Center Help http: / /gis.kodiakak.us /KIB/ 10/13/2010 Kodiak Island Borough Results :7117.71,,P & W INVESTMENTS LLC (Lot Llnes) 1950038.641, 1 - J P & W INVESTMENTS LLC GEO_1D R1100000160 PROP_ID 14847 Exempt_Code_1 Zone_Type IND Use_ WFB first_name last_name P & W INVESTMENTS LLC Legal_Description ATS 49 TR N -26B Street_Num Street_Name SHELIKOF ST Street_Direction Unit Null Mail_Line_I 317 SHEUKOF ST Mail_Line_2 Mail_City KODIAK Mail_State AK Mail_Zip 99615 Land_Value 280000 Build Value 84400 Total_Value 364400 Land_UOM S Land_Units 29938 Acres 0.69' Marna P 5 W IWUFGTMFNTG I I r Page 1 of 1 ESRI ESRI Support Center Help http: / /gis.kodiakak.us /KIB/ 10/13/2010 '10/10112 10:`58, PM October 13, '2010 Bud Cassidy Director of Community Development Department Kodiak Island Borough 710 Mill Bay Road Kodiak, AK 99615 Dear Mr. Cassidy It was brought to my attention that, the Borough has determined that the Island. Seafoods property is out of compliance withregard to parking requirements. Until yesterday, we were unaware that we were considered "out of compliance" since the last review of our parktngperformed 111 March of 2007 confirmed that-the proPerty was in Compliance,-. Although we have not added any property. or changed our parking requirements, this business has definitely grown in volume in the pastthree years. We have contracted with two different consultants to review the status of our property in:anticipation of future growth. PND Engineers, Inc is preparing the pennit.,for the Corps of Engineers preparatory to modifying or expanding our dock. KPB Architects is concurrently conducting a code review to determine where the property stands with regard to building code compliance. The cost of both projects exceeds $25,000, so we are definitely taking this matter seriously. Additionally, although it is a very slow and complicated process, we are exploring the acquisition of adjacent property to handle the parking requirements per the Borough Code. If the above mentioned mitigating facts are insufficient to preclude a code violation, then we will be submitting a request for a variance to allow us to continue to operate the business. Sincerely, John Whiddon General Manager Island_ Seafoods Cc: Jack.Maker, Code Compliance Officer Rick >Giffor"d, Borough Manager Jay Johnson, Clarion Construction Aurora Courtney, PND Engineers, Inc Ken Burkhart, KPB Architects 317 Shelikof Street, Kodiak, AK 99615 (907) 486 -8575 Fax (907) 486 -3007 P1 • . STREET • . • • • • 0.4gL• 714.W5,6;7,.161., • CpWC,r1 /Tref CLAW! f ( OC- 6- (6 LoA(-01.11 770 2L/ 24 7°77 'la- sr. PAUL_ PAROOP keck- -z. . . c-? ea° (1 4,0 -5 ro,c4,-1 e. 'r ,A1 6)6 \ 4-00 — I C-E- • 351- Bud Cassidy From: Bud Cassidy Sent: Friday, October 01, 2010 8:36 AM To: ComDev Subject: Staff Meeting Lets gather in my office and have a staff meeting at 2:30. Some of the items to discuss: • Next month's cases • Duane out of town all next week (attending an Emergency Management Conference) ' • woaronand Sheila out orzovvnmmovu • ^' • Ideas for arranging the coun er/office spaces area? • Others — Let me know. Thanks Bud � - •11144 ft?/_1' /1 Cev,z,f-tee„t„ e cc:/;%. , PLANNING AND ZONING COMMISSION REGULAR eD2O201O 7:30 p.m. MEETING KODIAK ISLAND BOROUGH ASSEMBLY CHAMBERS AGENDA d - 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. APPROVAL OF AGENDA 5. MINUTES OF PREVIOUS MEETINGS Regular meeting of: September 15, 2010 Postponed to September 30, 2010 6. AUDIENCE COMMENTS AND APPEARANCE REQUESTS 7. PUBLIC HEARINGS Toll Free Telephone Number 1-800-478-5736 Local Telephone Number 486-3231 2006 A) CASE: APPLICANT: AGENT: REQUEST: LOCATION: ZONING: 11-007 Koniag Inc. PND Engineers, Inc. A Conditional Use Permit, according to KIBC a) B) CASE: 11-09$ APPLICANT: Paimter Family Trust REQUEST: A Rezoneaccording to KIBC .T10. 5, 17.72.030 HOT, from RR-RX1 Residential to B- mess LOCATION: 39(94 Rezanof Drive Eas ZONING: RR-Rural Residentia , to allow C) CASE: APPLICANT: AGENT: REQUEST: LOCATION: ZONING: D) CASE: P & Z Commission Agenda Page 1 of 2 Lo ?,Gqiu• - 16 (..19A-Ot,S1 SF PAUL IlAl2.13OR ,6 (JD& ePc-- ,5*-2,c2V (oz— .10 °1),)- ,)--27) IT/ -5 it)6 II 5 elaJ '10/10/12 10:58 PM aC1 iSi October 13, 2010 T1. Bud Cassidy Director of Community Development Department Kodiak Island Borough 710 Mill Bay Road Kodiak, AK 99615 Dear Mr. Cassidy It was brought to my attention that the Borough has determined that the Island Seafoods property is out of compliance with regard to parking requirements. Until yesterday, we were unaware that we were considered "out of compliance" since the last review of our parking performed in March of 2007 confirmed that the property was in compliance. Although we have not added any property or changed our parking requirements, this business has definitely grown in volume in the past three years. We have contracted with two different consultants to review the status of our property in anticipation of future growth. PND Engineers, Inc is preparing the permit for the Corps of Engineers preparatory to modifying or expanding our dock. KPB Architects is concurrently conducting a code review to determine where the property stands with regard to building code compliance. The cost of both projects exceeds $25,000, so we are definitely taking this matter seriously. Additionally, although it is a very slow and complicated process, we are exploring the acquisition of adjacent property to handle the parking requirements per the Borough Code. If the above mentioned mitigating facts are insufficient to preclude a code violation, then we will be submitting a request for a variance to allow us to continue to operate the business. Sincerely, c John Whiddon General Manager Island Seafoods Cc: Jack Maker, Code Compliance Officer Rick Gifford, Borough Manager Jay Johnson, Clarion Construction Aurora Courtney, PND Engineers, Inc Ken Burkhart, KPB Architects 317 Shelikof Street, Kodiak, AK 99615 (907) 486 -8575 Fax (907) 486 -3007 P1 Martin Lydick From: Sent: To: Cc: Subject: Aurora, Martin Lydick Wednesday, October 13, 2010 8:46 AM 'Aurora Courtney' Bud Cassidy Island Seafoods There will be two (2) zoning compliance permits required for this project. This is what they will look like & cost. ZCP Application ZCP Application Tract N29B.pdf...Tract N26B.pdf... As far as I can tell, this project does need to be EPA reviewed, have you contacted that agency? Thank you, Martin Lydick, Associate Planner Community Development Dept. Kodiak Island Borough (907) 486-9361 mlydick c(�,kodiakak.us Martin Lydick.vcf BARROW PROJECT LOCATION Est 12.4 UNAIASKA /OUTER BAR "\. KODIAK GV-E OF STATE OF ALASKA UNEAU k4 L PROJECT LOCATION LATITUDE 57.7866, LONGITUDE 152.4134 KODIAK 65:4•e • /44G:.\ .rasa\ .`• ; '14y qua v. I . R $; »tee ' 4'. NEAR ISLAND ROUND IS USKI s. r LOCATION MAP 9� EXISTING BREAKWATERS ST HERMAN HARSCO HIGH TIDE LINE (HTL) 10.7' MEAN HIGH WATER (MHW) 7.8' MEAN LOWER LOW WATER (MLLW) 0.0' 500 0 500 1000 1500 SCALE IN t:EET VICINITY MAP PURPOSE: PROVIDE DEEPER DRAFT DOCK AND EXPAND FACILITY REMOVAL OF EXISTING DOCK FOR SAFETY REASONS DATUM: 0.0' MLLW ADJACENT PROPERTY OWNERS: KODIAK ISLAND BOROUGH NORMAN URSIN SR. STATE OF ALASKA VICINITY MAP ISLAND SEAFOODS 317 SHELIKOF ST. KODIAK, AK 99615 ISLAND SEAFOODS FACILITY MODIFICATIONS AT: ST PAUL HARBOR IN: KODIAK, AK OCT 4, 2010 SHEET 1 of 5 zz a i J 120101101076 Island Seafoods PesmttfnolE. Drawinos13 CMR1D1076 SHEET 2.dwo. 1 L _ 30'x30' PROPOSED F;,F :;CE PLATFORM APPROXIMATE 112x30' EXISTING COCK TO BE REMOVED 30'x95' _ \ PROPOSED DOCK PROVIDE DEEPER DRAFT DOCK AND EXPAND FACILITY REMOVAL OF EXISTING DOCK FOR SAFETY REASONS DATUM: 0.0' MLLW ADJACENT PROPERTY OWNERS: KODIAK ISLAND BOROUGH NORMAN URSIN SR. STATE OF ALASKA SITE LAYOUT PLAN ISLAND SEAFOODS 317 SHELIKOF ST. KODIAK, AK 99615 ISLAND SEAFOODS FACILITY MODIFICATIONS AT: ST PAUL HARBOR IN: KODIAK, AK OCT 4, 2010 SHEET 2 of 5 z z 5 i s 1- W W S N 0 a 3 7 s P40POSE0 -\ SERVICE PLATFORM 18 "0 SUPPORT- PILE, TYP 25_' 0 (--- HTI MHW A EXISTING DOCK /18 "0 SUPPORI PILE. TYP - PROPOSED DOCK 30' BENT BENT \— BELOW MHW 00 2850 0 0 SURFACE AREA OF NEW SERVICE PLATFORM (sf) N U SURFACE AREA REMOVED (sf)• 3400 3400 SURFACE AREA — NET GAIN (sf) \ 350 $ $ oq O O 30' BENT BENT 18 "0 BATTER PILE, TYP 16 "0 FENDER PILE, TYP 36 PILES TO BE REMOVED PURPOSE: PROVIDE DEEPER DRAFT DOCK AND EXPAND FACILITY REMOVAL OF EXISTING DOCK FOR SAFETY REASONS DATUM: 0.0' MLLW ADJACENT PROPERTY OWNERS: KODIAK ISLAND BOROUGH NORMAN URSIN SR. STATE OF ALASKA PILE LAYOUT PLAN ISLAND SEAFOODS 317 SHELIKOF ST. KODIAK, AK 99615 ISLAND SEAFOODS PERMIT DRAWINGS AT: ST PAUL HARBOR IN: KODIAK, AK OCT 4, 2010 SHEET 3 of 5 BELOW HTL BELOW MHW SURFACE AREA OF NEW DOCK (s() 2850 2850 SURFACE AREA OF NEW SERVICE PLATFORM (sf) 900 900 SURFACE AREA REMOVED (sf)• 3400 3400 SURFACE AREA — NET GAIN (sf) 350 350 PILES TO BE REMOVED 36 36 PILES TO BE ADDED 37 37 PILES GAINED 1 1 EXCAVATION (cy) 0 0 FILL MATERIALS 0 0 18 "0 BATTER PILE, TYP 16 "0 FENDER PILE, TYP 36 PILES TO BE REMOVED PURPOSE: PROVIDE DEEPER DRAFT DOCK AND EXPAND FACILITY REMOVAL OF EXISTING DOCK FOR SAFETY REASONS DATUM: 0.0' MLLW ADJACENT PROPERTY OWNERS: KODIAK ISLAND BOROUGH NORMAN URSIN SR. STATE OF ALASKA PILE LAYOUT PLAN ISLAND SEAFOODS 317 SHELIKOF ST. KODIAK, AK 99615 ISLAND SEAFOODS PERMIT DRAWINGS AT: ST PAUL HARBOR IN: KODIAK, AK OCT 4, 2010 SHEET 3 of 5 a uJ W a FENDER FENDER PILE 30' -0" BULLRAIL SUPPORT DECK I GIRDER, TYP MI- Man 1. 4 01 1 iA t' Al 1/ BATTER PILE, TYP' 25' -0 Ng_ N PILE PILE A -A TYPICAL PROPOSED. DOCK SECTION NTS PILE CAP —HTL = 10.7' — MHW = 7.8' SUPPORT PILE, TYP MLLW = 0' EXISTING MUDLINE. PURPOSE: PROVIDE DEEPER DRAFT DOCK AND EXPAND FACILITY REMOVAL OF EXISTING DOCK FOR SAFETY REASONS DATUM: 0.0' MLLW ADJACENT PROPERTY OWNERS: I KODIAK ISLAND BOROUGH E NORMAN URSIN SR. STATE OF ALASKA 0 TYP DOCK SECTION. ISLAND SEAFOODS 317 SHELIKOF ST. KODIAK, AK 99615 ISLAND SEAFOODS PERMIT DRAWINGS AT: ST PAUL HARBOR IN: KODIAK, AK OCT 4, 2010 SHEET 4 of 5 W 0 2 30' -0` BULLRAIL SUPPORT GIRDER, TYP -DECK PILE CAP EL 11* HTL= 10.7' - MHW = 7.8' SUPPORT PILE, 25` -0" TYP MLLW = /EXIS/EXISTING TXISTING PILE. c PILE, B -B TYPICAL SERVICE, PLATFORM; SECTION NTS PURPOSE: PROVIDE DEEPER DRAFT DOCK AND EXPAND FACILITY REMOVAL OF EXISTING DOCK FOR SAFETY REASONS DATUM: 0.0' MLLW ADJACENT PROPERTY OWNERS: KODIAK ISLAND BOROUGH NORMAN URSIN SR. STATE OF ALASKA TYP SERVICE PLATFORM :SECTION ISLAND SEAFOODS 317 SHELIKOF ST. KODIAK, AK 99615 ISLAND SEAFOODS PERMIT DRAWINGS AT: ST PAUL HARBOR IN: KODIAK, AK OCT 4, 2010 SHEET 5 of 5 101076 Project Description; Island Seafoods Waterfront Facility Modification 9/29/10 This project consists of removing the condemned dock on the northeast side of the property due to safety concerns. This dock was previously used to support the facilities' ice plant which will be relocated. A service platform will be added adjacent to the existing offloading pier to support the ice plant. Additionally, the existing offloading dock will be expanded to accommodate deeper draft vessels and provide additional dock space. *Dock to be removed dimensions are approximate, therefore net gain could be slightly off. ENGINEERS, INC. Below HTL Below MHW Surface Area of new dock (sf) 2850 2850 Surface Area of new service platform (sf) 900 900 Surface Area Removed (sf)* 3400 3400 Surface Area — Net Gain (SF) 350 350 Pile's to be removed 36 36 Piles to be added 37 37 Piles gained 1 1 Excavation (CY) 0 0 Fill materials 0 0 *Dock to be removed dimensions are approximate, therefore net gain could be slightly off. ENGINEERS, INC. 10/10/12 10:58 PM October 13, 2010 Bud Cassidy Director of Community Development Department Kodiak Island Borough 710 Mill Bay Road Kodiak, AK 99615 Dear Mr. Cassidy It was brought to my attention that the Borough has determined that the Island Seafoods property is out of compliance with regard to parking requirements. Until yesterday, we were unaware that we were considered "out of compliance" since the last review of our parking performed in March of 2007 confirmed that the property was in compliance. Although we have not added any property or changed our parking requirements, this business has definitely grown in volume in the past three years. We have contracted with two different consultants to review the status of our property in anticipation of future growth. PND Engineers, Inc is preparing the permit for the Corps of Engineers •preparatory to modifying or expanding our dock. KPB Architects is concurrently conducting a code review to determine where the property stands with regard to building code compliance. The cost of both projects exceeds $25,000, so we are definitely taking this matter seriously. Additionally, although it is a very slow and complicated process, we are exploring the acquisition of adjacent property to handle the parking requirements per the Borough Code. If the above mentioned mitigating facts are insufficient to preclude a code violation, then we will be submitting a request for a variance to allow us to continue to operate the business. Sincerely, (i9—ecA4tet.„. John Whiddon General Manager Island •Seafoods Cc: Jack Maker, Code Compliance Officer Rick Gifford, Borough Manager Jay Johnson, Clarion Construction Aurora Courtney, PND Engineers, Inc Ken Burkhart, KPB Architects 317 Shelikof Street, Kodiak, AK 99615 (907) 486-8575 • Fax (907) 486-3007 P-1 . ELEC. TRANS FtV?ME." - - • J / GoNGfa P..7-? CulM1 GtJ'7 •GEC. TF7AN.5. - z.r2"/ER rn z A 1 ''"Ij r, \L. / 4ETFOL "Z" puilv& BULKHEAD s 67pf7/f .0 57 PAUL PAR .13491? f� LDS- A r-• KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 (907) 486-9363 November 3, 2010 Public Hearing Item 7 -B. A.public hearing will be held on Wednesday, December 15, 2010. The meetin will begin atLap tl, in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska, t di j 1 1 Borough Planning and Zoning Commissio1 to hear comments if an_y, on the folio, itr tt a CASE: 11 -011 APPLICANT: P &W Investments, LLC (island Seafoods) AGENT: John Whiddon REQUEST: A Variance, according to KIBC 17.195, to allow a rediiction in The num&e EPAR; MENT required off - street parking spaces from 17 to 10, in support oMdP_ (industrial) land ,use per KIBC 17.175.040; and, NOV 3 0 2010 ' evfew of an alternative parking arrangement, according to KIBC " 17:175.050 to allow the provision of up to two (2) off - street parking spaces on a noncontiguous lot located within 600 feet of the seafood processing plant to supplement the 10 spaces proposed in the variance request above. LOCATION: City Tideland Tracts N29 -B and N26 -B (Seafood Processing Plant) 317 Shelikof Street & Lot 18, Block 3, New Kodiak Subdivision (Alternative Parking Site) 330 Shelikof Street 1- Industrial (317 Shelikof) & B- Business (330 Shelikof) ZONING: This notice is being sent to you because our records indicate you are a, property ownerfinterested 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, November30, 2010 to be considered by the commission. If you would like to fax your coiments to us, our fax number is: (907) 486 -. 9396. " 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. The toll free telephone number is 1- 800 - 478 -5736. One week prior to the regular meeting, on Wednesday, December 8, 2010, a work session will be held at 5:30 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. 6- out r riTr 14/10 Tek bil - a Ma Address fe) Your property des : 3_2 4x Com ents: A # ....0 x.. /.; y - '' �r j . . ,. � r G.5 W/ ,• 41e Ai um .S,; �i- � 0 ail AL ' ;u�- t1 4 ,di - Is ' 1 a- #/71 �1� , l 1[°",' � p4 9I yi �('/, .. e F �.' - te. 014 /t. r '/ / Ic4 . ° a C r tjd '( �. r Current Location 317 & 330 Shelikof St. P & Z Case 7-B P&W Investments, LLC Island Seafoods Request a Variance, according to KIBC 17.195, to allow a reduction in the number of required off-street parking spaces from 17 to 10, in support of a seafood processing (industrial) land use per KIBC 17.175.040; and, Review of an alternative parking arrangement, according to KIBC 17.175.050 to allow the provision of up to two (2) off-street parking spaces on a noncontiguous lot located within 600 feet of the seafood processing plant to supplement the 10 spaces proposed in the variance request above. Kodiak Island Borough GIS Legend 0 170 Feel 340 680 Subject Parcels E:1 Notification Area This map was prepared from the Kodiak Island Borough's GIS System. It is provided far Ilia purpose of allowing the guneral location of a property within the Kodiak island Borough. This map does not reprosen1 a survey. Moro Inforfnallon about the mapping dale, can to obtained by contocUng the Kodiak Island Borough IT Department 01(907) 486-9333. f' yti"+ Ry.+ ■ '��••' November 3, 2010 P&W Investments, LLC Mr. John Whiddon 317 Shelikof Street Kodiak, AK 99615 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 Re: Case 11-011. Request a Variance, according to KIBC 17.195, to allow a reduction in the number of required off-street parking spaces from 17 to 10, in support of a seafood processing (industrial) land use per KIBC 17.175.040; and, Review of an alternative parking arrangement, according to KIBC 17.175.050 to allow the provision of up to two (2) off=street parking spaces on a noncontiguous lot located within 600 feet of the seafood proCessing plant to supplement the 10 spaces proposed in the variance request above. Dear Mr. Whiddon: Please be advised that the Kodiak Island Borough Planning and Zoning Commission have scheduled the case referenced above for Public Hearing at their December 15, 2010 regular meeting. This meeting will begin at 7:30 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, December 8, 2010 at 5:30 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, Sheila Smith, Secretary: Community Development Department KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 (907) 486-9363 November 3, 2010 Public Hearing Item 7 -B PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, December 15, 2010. The meeting will begin at 7:30 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: 11 -011 P &W Investments, LLC (Island Seafoods) John Whiddon A Variance, according to KIBC 17.195, to allow a reduction in the number of required off - street parking spaces from 17 to 10, in support of a seafood processing (industrial) land use per KIBC 17.175.040; and, Review of an alternative parking arrangement, according to KIBC 17.175.050 to allow the provision of up to two (2) off - street parking spaces on a noncontiguous lot located within 600 feet of the seafood processing plant to supplement the 10 spaces proposed in the variance request above. City Tideland Tracts N29 -B and N26 -B (Seafood Processing Plant) 317 Shelikof Street & Lot 18, Block 3, New Kodiak Subdivision (Alternative Parking Site) 330 Shelikof Street I- Industrial (317 Shelikof) & B- Business (330 Shelikof) 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, November30, 2010 to be considered by the commission. If you would like to fax your comments to us, our fax number is: (907) 486- 9396. 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. The toll free telephone number is 1- 800 -478 -5736. One week prior to the regular meeting, on Wednesday, December 8, 2010, a work session will be held at 5:30 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 & 330 Shelikof St. P & Z Case 7 -B P&W Investments, LLC Island Seafoods Request a Variance, according to KIBC 17.195, to allow a reduction in the number of required off - street parking spaces from 17 to 10, in support of a seafood processing (industrial) land use per KIBC 17.175.040; and, Review of an alternative parking arrangement, according to KIBC 17.175.050 to allow the provision of up to two (2) off - street parking spaces on a noncontiguous lot located within 600 feet of the seafood processing plant to supplement the 10 spaces proposed in the variance request above. Kodiak Island Borough GIS rent 0 170 340 680 1 1 1 � Subject Parcels Notification Area 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. FRANCIS COSTELLO CITY OF KODIAK JEFFREY JOHNSON PO BOX 4451 P.O. BOX 1397 - 211 W. HILLCREST ST KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 JOYCE GREGORY JOHN JOHNSON VICTOR DOWNING 215 W. HILLCREST ST 236 W REZANOF DR 217 W. HILLCREST ST KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 JEROME BONGEN LIVING TRUST CHRISTINA LYNCH JOHN JOHNSON PO BOX 3523 11175 LAKE ORBIN DR 236 W REZANOF DR KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 MARY MONROE LIVING TRUST 308 COPE ST KODIAK, AK 99615 PATRICIA OLSEN P O BOX 1014 KODIAK, AK 99615 LESLIE T JAMES PO BOX 536 KODIAK, AK 99615 DUKE JONES ALLAN THIELEN DIANA MACDONELL P.O. BOX 1604 318 W HILLCREST ST PO BOX 4302 KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 TONYA M BROCKMAN 171 OTTER AVE KODIAK, AK 99615 JANE SAUER 1436 "0" ST ANCHORAGE, AK 99501 ROBERT LACHOWSKY LESLIE JAMES 315 COPE ST P 0 BOX 536 KODIAK, AK 99615 KODIAK, AK 99615 ALEXUS KWACHKA 326 COPE ST. KODIAK, AK 99615 CRAIG BAKER P.O. BOX 8514 KODIAK, AK 99615 KERRY KEARNS PO BOX 8256 KODIAK, AK 99615 318 COPE ST KODIAK, AK 99615 MARGARET HOLM 303 COPE ST. KODIAK, AK 99615 THOMAS WALTERS RUSSELL WELBORN REV LIVING STEPHANIE ZAWICKI P.O. BOX 3336 TRST 18991 E. MOYEN RUELLE COURT KODIAK, AK 99615 505 38TH ST PALMER, AK 99645 ANACORTES, WA 98221 SUSAN JEFFREY MONTE NEDROW KURT R ERIKSSON P.O. BOX 3363 P 0 BOX 8983 PO BOX 1552 KODIAK, AK 99615 KODIAK, AK 99615 SOLDOTNA, AK 99669 i t - o1 MONTE NEDROW PO BOX 8983 KODIAK, AK 99615 . MICHAEL RESOFF PO BOX 911 KODIAK, AK 99615 MICHAEL HELLIGSO 318 W. REZANOF DR KODIAK, AK 99615 MARK ANDERSON 1124 STELLER WAY KODIAK, AK 99615 GLENN DICK 11879 MIDDLE BAY DR KODIAK, AK 99615 JOSHUA LEWIS P O BOX 456 KODIAK, AK 99615 WILLIAM BISHOP 302 MARINE WAY KODIAK, AK 99615 KYLE CROW PO BOX 6103 SITKA, AK 99835 THOMAS KOUREMETIS PO BOX 1392 KODIAK, AK 99615 GLENN DICK 11879 MIDDLE BAY DR KODIAK, AK 99615 LEIF BROCKMAN PO BOX 99 BLACHLY, OR 97412 LANA JANE MONTEIRO PO BOX 1072 KODIAK, AK 99615 CHRISTOPHER WING TOM KOUREMETIS ISLAND FISH CO., LLC PO BOX 2827 PO BOX 1392 317 SHELIKOF ST KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 LELAND JAMES LANA MONTEIRO THOMAS LORAN ETAL 4635 - 194TH AVE SE PO BOX 1072 410 SHELIKOF ST ISSAQUAH, WA 98027 KODIAK, AK 99615 KODIAK, AK 99615 P & W INVESTMENTS LLC 317 SHELIKOF ST KODIAK, AK 99615 INT'L SEAFOODS OF ALASKA P.O. BOX 2997 KODIAK, AK 99615 KODIAK MARINE SUPPLY INC PO BOX 99098 SEATTLE, WA 98199 BJM, LLC P.O. BOX 4174 KODIAK, AK 99615 NORMAN URSIN SR 1715 W. NICKERSON ST SEATTLE, WA 98119 1 11‘..1..11111111 11■•• 1■0o • ly• •••••••• • Inv./ ••• v., • • •••• ••• • my 710 Mill Bay Rd., Room 205 _KODIAK, AK 99615-6398 (907) 486-9363 - FAX (907) 486-9396 www.kib.co.kodiak.ak.us Applicant Information c -- Proper-tit oWner's name P4 by ur$7?-niezdiets, Property owner's owner's mailing address 3/ ? S/IW/cesi-tc- 7 City ,/ State Zip r69/44.-- kic 9'96/5 Home phone Work Phone E-mail Addr. • Wee - 55,5 ()WAG e4 owag.60-11. Agent's name (If applicable) eac, Proper—fir-Info a ion plte «6 (A)2q- 6) (q2C0-13) ropertv ID Number/s I-f - 8 a-c_e. 1924-6 C(`_41 Legal Description Current Zoning: Li OP Oil5ra Applicable Comprehensive Plan:. /CI e &fiv 200e, Year of Plan adoption: 2e ©6 Present Use of Property: rcioi-/C-ce Agent's mailing address City State Zip Home phone Work Phone E-mail Addr. Proposed Use of Property: ---CaLn finzer_ARfidfx: (Note: Use additional sheets, if needed, to provide a complete description of the proposed request.) Applicant Certification I hereby certify as the property owner/authorized agent that this application for Planning and Zoning Commission review is true and complete to the best of my knowledge and that 1( 15 submitted in accordance with the requirements of the applicable Kodiak Island Borough Code, which includes a detailed site plan.' for variance and conditional use requests and which may include optional supporting documentation as indicated below. Additional Narrative/History (7----As-bulit Survey Photographs 1/1Claps Property Owner's Signature Date Authorized Agent's Signature Other Date 1A development plan for one or more lots on which is shown the existing and proposed conditions of the lot, including topography, vegetation, drainage, flood plains, wetlands, and waterways; landscaping and open spaces; walkways; means of ingress and egress; circulation; utility services; structures and buildings; signs and lighting; berms, buffers, and 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. (Source: The New Illustrated Book of Development Definitions, ©1993 by Rutge U iversity) STAFF USE ONLY Code Section(s) Involved: 7.0670(10 0 6-0 PA 1 to" Variance (KIBC 17.66.020) $250.001' OCT 26 20 Conditional Use Permit (KIBC 17.67.020.B) $250.0 ri Other (appearance requests, site plan review, etc.) t island Borough Zoning change from to (KIBC 1 71a Application received by: fo4 6 0 Staff signature nt PAYMENT VERIFICATION *Zoning Change, Fee Schedule: (per KIB Assembly Resolution Eff. July 1, 2005) Less than 1.75 acres 1.76 to 5,00 acres 5.01 to 40.00 acres 40.01 acres or more $350.00 $750.00 $1,000.00 $1,500.00 Applicable Kodiak Island Borough Code Application Requirements General 17.03.050 , Approval by planning and zoning commission. When it is-stated in this title that uses are permitted subject to approval by the commission, an application for consideration shall be submitted to the community development department with a site plan.... Variance 17.66.020 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. 17.66.050 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: 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. 17.66.060 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. Conditional Use 17.67.020 Application and fee. A. An application to the community development department for a conditional use or modification of an existing conditional use may be initiated by a property owner or his authorized agent. B. An application for a conditional use shall be filed the department on a form provided. The application for a conditional use permit shall be accompanied by a filing fee, established by resolution of the assembly, payable to the borough. 17.67.030 Site plan. A detailed site plan showing the proposed location of all buildings and structures on the site, access points, drainage, vehicular and pedestrian circulation patterns, parking areas, and the specific location of the use dr uses to be made of the development Shall be submitted with the application, together with other information as may be required to comply with the standards for a-conditional use listed in this chapter and in other pertinent sections of this chapter. 17.67.050 Standards. In granting a conditional use permit, the commission must make the following findings: A. That the conditional use will preserve the value, spirit, character and integrity of the surrounding area; B. That the conditional use fulfills all other requirements of this chapter pertaining to the conditional use in question; C. That granting the conditional use permit will not be harmful to the public health, safety, convenience and comfort; D. That the sufficient setbacks, lot area, buffers or other safeguards are being provided to meet the conditions listed in subsections A through C of this section; E. If the permit is for a public use or structure, the commission must find that the proposed use or structure is located in a manner which will maximize public benefits. 17.67.060 Stipulations. In recommending the granting of a conditional use, the commission shall stipulate, in writing, requirements which it finds necessary to carry out the intent of this chapter. These stipulations may increase the required lot or yard size, control the location and number of vehicular access points to the property, require screening and landscaping where necessary to reduce noise and glare, and maintain the property in a character in keeping with surrounding area; or may impose other conditions and safeguards designed to ensure the compatibility of the conditional use with other uses in the district. Public Use Land Zone 17.33.020 Permitted uses. The following land uses are permitted in the public lands district subject to the approval of a detailed site plan by the commission: Zero Lot Line Development 17.34.090 Site plan requirement. Developments of more than three (3) common -wall strictures shall provide a site plan containing the information required by section 17.67.030 of this title. Said site plan shall be reviewed and approved by the commission prior to issuance of a building Permit. Boundary Amendment (Rezoning) 17.72.030 Manner of initiation. Changes in this title may be initiated in the following manner. A. The assembly upon its own motion; B. The commission upon its own motion; and C. 13y petition of one (1) or more owners of property within an area proposed to be rezoned. A petition shall be in the form of an application for a change in the boundary of a district, shall be filed in the community development department, be accompanied by the required fee and such data and information as may be necessary to assure the fullest practicable presentation of facts and shall set forth reasons and justification for proposing such change. Revised Jan, 2004 Document2 October 26, 2010 To: Bud Cassidy, Director, Kodiak Island Borough, Department of Community Development From: John Whiddon, General Manager, Pacific Seafood Kodiak Subj: Request for parking variance Ref (a). CZ 2007 -62 Parking plan for P &W Property, 317 Shelikof Street, Kodiak, AK (b). Kodiak Island Borough Code 17.195.050 (c). KIB GIS map of Tracts N29 -B and N26-B City Tidelands (d). 2008 Kodiak Island Borough Comprehensive Plan (e). MB GIS map of Lot 18, Block 3, New Kodiak Subdivision, 330 Shelikof Street (f). Proposed revised parking plan under current configuration (g). Proposed revised parking plan under revised configuration The parking plan developed in March 2007 for the P &W Property (Island Seafoods/Pacific Seafood), reference (a) specifies the requirement for 17 parking spaces per Borough code. No additional buildings have been built on the property since 2007, however the property has become congested due to the growth of the business and in order to continue operating safely and efficiently, the number of vehicles and parking spaces remaining on -site should be reduced. I would like to request a variance per reference (b) to our current parking plan to the following: a. Variance to reduce required parking from 17 to 12 spaces (see references f & g) b. Variance or fording to allow the use of the company owned property at 330 Shelikof for two of the 12 spaces (per KIBC 174.175.050) (reference e). Per Reference (a), the following comments apply: 1. "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." The property under consideration (reference c) combines two City Tideland Tracts, N26 -B and N29 -B, both owned by P &W Investments, LLC. Island Seafoods leases the property and operates a 12 month per year seafood processing operation on both tracts. Additionally, the business includes a retail component that primarily operates during the months of May — September. The growth of operations and expansion to a 12 month per year operation has reduced the available parking on site to 15 parking spaces. Even at this level, the pace and scale of operations creates congestion and contributes to an unsafe working environment. Reducing the number of vehicles to 10 on -site with two additional across the street (total of 12 spaces or a net reduction of five spaces) would improve the safety and operational efficiency of the business. The adjacent property at 330 Shelikof (see reference e) is company owned and is currently used as a maintenance shop. Would request a review of required parking spaces for the property to 317 Shelikof Street, Kodiak, AK 99615 (907) 486 -8575 Fax (907) 486 -3007 • "‘*: „ f r• • t • • • , .Thr ' • f ;(:` • : • ''''•r•c.•. ,;:;• '•• • '• •-• • •tt.". " r - •;.; fSJ�o4 . determine if two additional parking spaces can be allocated to the total required for the 317 Shelikof Street property, per KIBC 174.175.050. Most seafood processors on Shelikof Street benefit from being "grandfathered -in" and as such, are not required to meet the same off -street parking standards. Additionally, several of the retail business also lack off - street parking which places an additional burden on available street parking. 2. "That the strict application of the provisions of this title would result in practical difficulties or unnecessary hardship": Reference (a) above defines 17 parking spaces which for practical purposes, no longer permanently exist. The growth of the business has necessitated the movement of large freezer vans, waste dump trucks and the movement of forklifts to the extent that parked vehicles must continually be moved to accommodate the functions of the business A reduction by five of the required spaces on the property would eliminate the need to regularly move vehicles and would further eliminate the congestion that currently exists. Without a reduction in the required number of spaces, the business would need to reduce the volume of fish processed which would result in reduced fish landings and the elimination of permanent full time processing workers. Island Seafoods and its parent company, Pacific Seafood Group, has developed new markets for a variety of species, and provided opportunities for fishermen to expand markets and improve competition in the marketplace. Shrinking the business at this time would disadvantage fishermen and adversely impact the competitive position of the business. 3. "That the granting of the variance will not result in material damage or prejudice to the other properties in the vicinity nor be detrimental to the public 's health, safety or general welfare:" The granting of the variance will not result in any material damage to other properties in the vicinity. It will, however, improve the safety and general welfare of fishermen and customers who frequent the business. Island Seafoods was recently awarded the SHARP Award by the State of Alaska AKOSH in recognition of its achievements in workplace safety. Our goal is to continue to operate in a safe manner for employees, fishermen and customers. It is recognized that parking on Shelikof Street can, at times, be very limited and the additional over flow of parking onto Shelikof Street will further impact the available parking. To address this matter, Island Seafoods/Pacific Seafood, is taking the following steps to mitigate the impact on Shelikof Street parking: a. encourage car pooling by employees to reduce the number of vehicles driven to work b. although a long term project, obtain additional space or property to provide the required parking c. will investigate financial viability of purchasing and operating a company van to transport employees to and from work 4. "That the granting of the variance will not be contrary to the objectives of the comprehensive plan." There are no specific references contained within the 2008 Comprehensive Plan, 317 Shelikof Street, Kodiak, AK 99615 (907) 486 -8575 Fax (907) 486 -3007 •„. •' c ' .`• ci • • , ,';• f. • c • „:. ,c! • • c,;r— z•,'.) r. : • • • ': • ';'). r- • , • • :. . • • . • • • reference (d),that pertain to parking. However, the intent and purpose of the parking requirement is clearly understood. Every effort will be made to adhere to the requirements as outlined by the Community Development Department. 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; " To a certain extent, the growth of the business over the past three years has created special conditions in that the business has expanded beyond the original plans and scope. Island Seafoods has taken on three trawl boats which has significantly increased the volume of seafood being processed at the facility. This business growth is actually natural expansion resulting from the ownership by our parent company, Pacific Seafood Group, in Portland, Oregon. The company has developed markets for flatfish, halibut, salmon, cod and rockfish and the trawl vessels are necessary to provide the raw materials for these markets. The special conditions mentioned in #5 above, pertain to safety of operations that have been impacted by the growth of production at the facility. The primary goal of the variance beyond the need to meet Borough requirements is to improve the safety at the plant. 6. "That granting a variance will not permit a prohibited land use in the district involved " The proposed variance will not result in a prohibited land use. In summary, this variance request stems from the natural growth and expansion of the business, which in turn is now constrained by the limited space of the property. Granting this variance (or variances) would improve the overall safety of the operation while having a minimal impact on the Shelikof Street parking. Having a healthy seafood industry is imperative to the economic growth and development of our community, so I would strongly encourage the P &Z Board to favorably consider this request. It is anticipated that the company will eventually need to expand again, so future growth and expansion will require the company to either relocate or acquire additional property to meet both the company needs and to remain in compliance with the respective Borough codes and ordinances. I would be available at any time to discuss this request further, either on -site or at hearing or public meeting. Feel free to contact me at the number below or via email at jwhiddon @pacseafood.com. Respectfully John Whiddon General Manager Pacific Seafood Kodiak 317 Shelikof Street, Kodiak, AK 99615 (907) 486 -8575 Fax (907) 486 -3007 ;• !=!;;. ■:f: •'%; • b • ' :„); • • • : .•;'..1";: f!:-;'..•-..'•••• , • • .. . • , •,... ' . • , ,••• • • !r:V• :r1 ;0. ' •. • _ • 51-1 ELI KO F — , • . . cofiCra pr.? .CL.4,6 • 7•FAI,13,120,/,IG.A.• 'Z. AderAl.°Z" PIL/AIG BULICYEA0 , tx)/ OPOPC75 9:3 140 9 - / 1...0A-01A1 poD76-cv- sr PAUL flARE3OR 2/5.03 \ '1.50 ((oz- .) / (K2° 424zo en77 IT/ ('1 40 X—A,--1-e. KL4-Yrl\i d&O 4 — 1 kl bLV6- - Aegr-- /IJ\ -.'" / fp:7o — 0 20. s r-o-c_A K.-:,....r,..., . -t,E__ 0,35-z-,75 P1 (4) Kodiak Island Borough Results Map Contents KIB ❑ Water Features lt! ❑ Labels LI2 Streets lfi Parcels PLSS Background Imagery it KIB Boundary «' 6in Imagery <} lft Imagery 111. .4m Imagery 't. 2R Imagery ±' lm Imagery Shapes Background (?a MI Coastline itt Borough Boundary http://gis.kodiakak.us/KIB/ Page 1 of 1 ESRI ESRI Support Center Help 10/21/2010 ?) -�? 3v3j2 Kodiak Island Borough Results C7 Map Contents F KIB t_t E Water Features r Labels F Streets tJ F Parcels i F PLSS F Background Imagery L+-1 KIB Boundary 1 +, 6in Imagery 11 lft Imagery L4{ .4m Imagery +1 2ft Imagery ± lm Imagery 1 +, Shapes 1-1 F Background +' F Coastline +_ F Borough Boundary http: / /gis.kodiakak.us /KIB/ Page 1 of 2 ESRI ESRI Support Center Help 330 5.NEc1 °'`.. 10/25/2010 '10/10125 8:45 PM SHELIKOF STREET Retail 4 /1 2 Bottom Fish Processing Mi in Processing Case up Area Sorting Line 55 ft 10ft l 41 ft 1 16 ft 7 ft • 72 ft Loading Dock Ramp and landing 4— 15 ft-0- Power House 5 6 Sport Fish Van Bait Van 9 10 Bait Van Ice Plant Bait Van 4 -45ft Sea Wall main Dock Old Dock