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KODIAK TWNST BK 1 LT 11A - Parking Plan ReviewKODIAK ISLAND BOROUGH PLANNING & ZONING COMMISSION MINUTES June 16, 2010 Assembly Chambers CALL TO ORDER CHAIR KING called to order the June 16, 2010 regular meeting of the Planning and Zoning Commission at 7:30 p.m. ROLL CALL Commissioners present were Dave King, Brent Watkins, Casey Janz, Bill Kersch, and Alan Torres. Excused was Jay Baldwin. A quorum was established. Staff present was Duane Dvorak and Sheila Smith. COMMISSIONER TORRES MOVED to excuse COMMISSIONER BALDWIN. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY APPROVAL OF AGENDA COMMISSIONER JANZ MOVED to approve the June 16, 2010 Planning & Zoning agenda. VOICE VOTE ON MOTION CARRIED UNANIMOUSL Y APPROVAL OF MINUTES COMMISSIONER KERSCH MOVED to approve the May 12, 2010 Planning & Zoning Special Meeting Minutes and the May 19, 2010 Planning & Zoning Regular Meeting Minutes. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY AUDIENCE COMMENTS AND APPEARANCE REQUESTS There were no audience comments and appearance requests. PUBLIC HEARINGS A) Case 10-018. Request a Parking Plan Review, according to KIBC 17.175:050, to permit the development of Lot 11A, Block 1, Kodiak Townsite with an additional 18 off-street parking spaces located on a lot in common ownership within 600 feet of the (Old Power House Restaurant) use which they are intended to serve located on Lot 9, Block 2;. (restaurant), Lots 8 & 10, Block 2 (off-street parking), all located in Kodiak Townsite Subdivision and Lot 2, U.S. Survey 1995 (off-street parking). The petitioner intends to enclose a deck on the channel side of the restaurant and to expand the main structure in a manner which will increase the maximum seating by an unknown number of seats. The location is 516 E. Marine The zoning is I -Industrial. The applicant is Ocean Enterprises of Alaska, LLC (AKA True World Restaurant of Alaska) Dvorak reported 24 public hearing notices were sent out and no responses were received. Staff recommends approval subject to conditions of approval. In response to COMMISSIONER KERSCH'S inquiry of which property does Ocean Enterprises own in reference to the restaurant, Dvorak stated it's the red one on the map. Ocean Enterprises and True World Restaurant are the same. Page 1 of 8 In response to COMMISSIONER JANZ'S inquiry of are they going to do anything in the old parking lot that makes it an exit, that's been a problem, Dvorak stated when we add the additional parking to the business we'll do a new zoning compliance and a new parking plan review for the entire site. Because they're offering an additional 18 parking spaces it may be there will be an opportunity to revisit that. COMMISSIONER TORRES MOVED to grant approval of a parking plan, in accordance with Section 17.175.050 of the Kodiak Island Borough Code, that shows eighteen (18) off-street parking spaces proposed to be located on Lot 11A, Block 1, Kodiak Townsite Subdivision, which are impractical to be located on Lots 8, 9 and 10, Block 2, New Kodiak Townsite and Lot 2, U.S. Survey 1995, in order to support the expanded restaurant seating proposed there, and that eighteen (18) off-street parking spaces located on Lot 11A, subject to conditions of approval, will provide a safe and practical off-street parking alternative to the off-street parking that is typically required to be located on-site or on an adjacent lot in common ownership, subject to the conditions of approval in the staff report dated June 2, 2010, and to adopt the findings in the staff report as "Findings of Fact" for this case. The public hearing was opened & closed: There was no public comment. CONDITIONS OF APPROVAL 1. Prior to the issuance of zoning compliance, the petitioner shall update the parking plans for Lot 11A and for Lot 10, Block 2, NKS and Lot 2, U.S. Survey 1995, to show the location and type of signage that will be used to advise patrons that the parking area is for restaurant use only and which will help patron negotiate the safest route from the front door of the restaurant to the new satellite parking area. 2. Identify signage or management notes on the parking plan that will require impoundment of any unauthorized vehicles which would reduce the number of usable spaces in support of the restaurant use. 3. Prior to the issuance of zoning compliance, the petitioner shall revise the parking plan to include a side note that indicates practical access to Lot 11B will not be unreasonably denied unless it can be shown that adjoining Lot 11B has legal and physical access by some other route. 4. Prior to issuance of zoning compliance, the petitioner will add such other parking plan improvements required to be shown on the parking plan such as wheel stops, seasonal lighting, etc. that may be necessary to ensure the safe and practical use of use of the site for its intended purpose. 5. The petitioner will obtain letters of concurrence/non-objection from the City of Kodiak Police Department and Public Works Department to ensure that they are aware and do not object to the increase traffic in this area both vehicular and on foot, due to the need for people to be crossing Marine Way in a historically industrial area in the absence of any amenities such as a crosswalk, sidewalk or other pedestrian access improvements. FINDINGS OF FACT 1. It is impractical to locate 18 additional off-street parking spaces on Lots 8, 9 and 10, Block 2, KTS and Lot 2, U.S. Survey 1995 because the existing building footprint and off-street parking already occupy all of the available area. The restaurant occupancy and floor area has long been limited by the available off-street parking and the additional off-street parking will allow the business to fully utilize the available floor space inside the restaurant structure. 2. Subject to conditions of approval the proposed off-street parking plan can provide safe and practical off-street parking that will be used in support of the restaurant use as intended and which will not be a detriment to the existing industrial uses in the area or unreasonable imperil the safety of the restaurant patrons. Page 2 of 8 . The proposed off-street parking area will meet all the requirements of ; KIBC 17.175.010, 17.175.040 and 17.175.050. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY a „I 11 • . i V i'; • I I,1 1 $ . . rding to KIBC 17200 (Conditional Use Permits), to allow a 40 by 40 foot A mod tempor Conserva Section 11, To allow a 4-a R22W, Seward transfer facilities, Uyak Partition Subdi Afognak Island. The zoni • a 0 style logging camp facility intended to support 10 full time workers a i up to 6 longshoremen, in support of permitted timber harvesting act', es in the C - n zoning district. The camp will be located on a 1.5 -acre si 4 located within 2S, R22W, Seward Meridian; and, e Log Storage Facility to be located on a 29 -acre por on of Section 7, T22S, idian, with room to store timber harvesting e ipment and related log ds, and other ancillary facilities, all to b ocated with Tracts A & B, on. The location is Uyak Partitio Subdivision, Tracts A&B on is C -Conservation. The applicant Clarence Maxey/Frontier, Inc. • • Dvorak reported 5 public hea timber harvesting is a permitted conditional use request subject to 5 s g notices were sent and n e in the Conservation ulations. In response to COMMISSIONER KERSC logging area, Dvorak said he doesn't and su inquiry of ested a In response to COMMISSIONER KERSCH's re Dvorak stated Afognak Joint Venture, Ouzin Wildlife Refuge, and Bruce Talbot of Alaska D g r a responses were received. He stated one and recommends approval of this o owns the property east and west of the minute recess so he can look it up. st of who public hearing notices were sent to, Native Corporation, Clarence Maxey, National nt of Natural Resources. In response to CHAIR KING's inquiry of do s Frontier, c. own this property or is it a lease, Dvorak stated he believes they purchased the p • lefty. It was lis d for sale recently. COMMISSIONER KERSCH MOVED to r cess for 5 minutes to VOICE VOTE ON MOTION CARRIEI. NANIMOUSLY CHAIR KING reconvened the me -ting at 8:02. t further information if possible. Dvorak stated he researche S the ownership and this is an area that t • pears to be in transition. Previously all this land ar•und the parcel, as well as this parcel belo !ed to the Afognak Joint Venture. However, the ognak Joint Venture has been in a long-term • solution. As it's being dissolved each of the s' aller corporations has received small disposals of I •d as a settlement to their claim. Accordin:, to the map and records we have it's all former Afogna oint Venture lands around it. He provi ed a map from the 1997 Trail Atlas that shows all of it as 1ps:ing Afognak Joint Venture, and he s ted our GIS system shows Afognak Joint Venture all around this oarcel. In response to r OMMISSIONER KERSCH'S inquiry of where is the Ouzinkie Native Cor obration land, Dvorak state he didn't know but this area is being dissolved and maybe Ouzinkie rec ved part of this in the • ssolution. COMMI IONER KERSCH expressed concern about the maps displaying different colors and hapes. Dvor said this is a recent plat that probably hasn't been picked up in the GIS,system yet be use the re doing these disposals of AJV lands and these are fairly recent transactions. If you wan to w more you would have to postpone. • response to CHAIR KING'S inquiry regarding the staff report, page 5 of i2 under K. Minera Extraction and Processing, it says they aren't going to be mining sand or gravel and he asked if they Page 3 of 8 ZON'iNG COMPLIANC7 PERNIT Permia Z 022_ $25.00 Kodiak Island Borough, Community Development Department, 710 Mill Bay Road (Rm. 205), Kodiak, AK 99615 PH:(907)486-9362 Fax(907)486-9396 http://www.kib.co.kodiak.ak.us 1. Property Owner/4plicant: Mailing Address: -r-- 2. Legal Description: Ley(- ,,Ffi 5 10 Zed ()?.i14 ( Street Address: 5-7 diktrilAe- WcAti C.) ecO 6414_,q*A-- Phone: 055 1q/c- 3. Description of Existing Property/Current Zoning:J.-- Minimum Required Lot Area: 2_0/ at' Z41?9-7-- 5,- 47 Minimum Required Setbacks: Side: Front: Use and size of existing structures on the lot: 1-141 ere up ofrtk Tax Actual Lot Area: ode: eVZ- opeo / 3 0D2.-cc9.0 /39 Ex) Ho 'Width: '46— Width: 4S - Rear: ol • aximum Building Height: U ajeriF 17trer ^."1"; Cdu 1 Number & size of parking spaces required per parking/ ite p1n dated: i?de cy4 eacL) cezqe.eteeP).c,4) vevo 0 df-stre lo ding requirements: (— ( (Y)c ( -roacedt-c22-i% Plat/subdivision related requirements (e.g. plat notes, easements, subdivisia conditions, drainage plan review, etc.)JTh Other Requirements (e.g. zero lot line, additional setbacks, projections into yards, screening, etc) '1kL Coastal Management Progra5n Applicable Policies (check -appropriate category) Residential Business Industrial Other ! Is the proposed action consistent *th the KIB Coastal Management Program: Yes No No Attachment: Yes No Description of proposed action (attach site plan): et-S46t,u trc-4.1k— NrtcP c9! LOD Se-4LS D-eAr rtt).) acOcei-1 ( 44S 4e4AA segAks (444(4000 NACD\Templates\ComDev1Zoning Compliance Permit Permit.doc Zoning Compliance Permit Fee P20030 t/ KODIAK ISLAND BORiOUGH e a THIS-4JORM DOES NOT AUTHOkIZE CONSTRUCTION': - WHEN -A BUILDING PERMIT IS REQUIRED EXPIRATION: A zoning compliance permit will become null and void if the building or use authorized by such 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 a period of 180 days. Before such work can be recommenced, a new permit must first be obtained. (Sec. 106.4.4 Expiration, 1.997 UBC) per KIBC 17.03.060. 4. Other: Subd. Case #: A)A- Plat #: k 4- Bldg Permit #: AJ4 5. Driveway Permit (State, Borough, City) by/date: 6. Applicant Applicant Certification: I hereby certify that I will comply with the provisions of the Kodiak Island Borough Code and that I have the authority to certify this as the property owner, or as a representative of the property owner. I agree t� have identifiable comer markers in place in the field for verification of setbacks. - By: Date: Oa - Title: 60r,a)44re egetarges4r-Z-ve Supporting documents attached (check one): Site Plan -As-Built Survey: Other (List): ¥or p(kvv' s -et, 8. Communi 1 evelo t staff for zoning, By: 9. Fire Marshal (LW C) by/date: 10. Septic System Plan Approved by/date: Title: Cr. -dr -415 /.4-444-teV- Date: Pal/eat° -02. -0 PI 11. Solid Waste Disposal Fee: Gross square footage of building = Due 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 iiiinediately to determine if further review and appro141,4 the 'revised project is neesgaiiff: 11 . • .t.",^ I : t: ' • - . I\IACD\TemplateslComDev \Zoning Compliance Permit Permit.doc Solid Waste Disposal Fee Minimum of a $500.00 deposit 3‘;'7- 41,b 52-.0w- /2 Z - co.. -_.,toq - 124 ii l 3 S 2, - 146 - t -5-40.o Mo. `i' - i" 15 5a v J, 4 16 6 2"7 5 O p OS • R ANyr 12 34 7 AI lc IG Oone- 900 -.-tit e-( . 4ea q,0° to'wipe: � I8" ae'h z4-' Wipe PrtS LG Spm5 'i brAt. F S pgr204J5 nn4Jl 1� 13/0 5 Ne.t \7<t-\ .--N2cch*f\.* F_I\PT'skt June 17, 2010 Ocean Enterprises 516 E. Marine Way 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 10-018. Request a Parking Plan Review, according to KIBC 17.175.050, to permit the development of Lot 11A, Block 1, Kodiak Townsite with an additional 18 off-street parking spaces located on a lot in common ownership within 600 feet iof the (Old Power House Restaurant) use which they are intended to serve located on Lot 9, Block 2 (restaurant), Lots 8 & 10, Block 2 (off-street parking), all located in' Kodiak Townsite Subdivision and Lot 2, U.S. Survey 1995 (off-street parking). The petitioner intends to enclose a deck on the channel side of the restaurant and to expand the main structure in a manner which will increase the maximum seating by an unknown number of seats. Dear Sir or Madam: The Kodiak Island Borough Planning and Zoning Commission at their regular meeting on June 16, 2010, granted approval on the case referenced above subject to conditions pf approval. CONDITIONS OF APPROVAL 1. Prior to the issuance of zoning compliance, the petitioner shall update the parking plans for Lot 11A and for Lot 10, Block 2, NKS and Lot 2, U.S. Survey 1995, to show the location and type of signage that will be used to advise patrons that the parking area is for restaurant use only and which will help patron negotiate the safest route from the front door of the restaurant to the new satellite parking area. 2. Identify signage or management notes on the parking plan that will require impoundment of any unauthorized vehicles which would reduce the number of usable spaces in support of the restaurant use. 3. Prior to the issuance of zoning compliance, the petitioner shall revise the parking plan to include a side note that indicates practical access to Lot 11B will not be unreasonably denied unless it can be shown that adjoining Lot 11B has legal and physical access iby some other route. i 4. Prior to issuance of zoning compliance, the petitioner will add such other parking plan improvements required to be shown on the parking plan such as wheel stops, seasonal lighting, etc. that may be necessary to ensure the safe and practical use of use of the site for its intended purpose. 5. The petitioner will obtain letters of concurrence/non-objection from the City of Kodiak Police Department and Public Works Department to ensure that they are aware and do not object to the increase traffic in this area both vehicular and on foot, due to the need for people to be crossing Marine Way in a historically industrial area in the absence of any amenities such as a crosswalk, sidewalk or other pedestrian access improvements. The Planning & Zoning Commission adopted these "Findings of Fact" in support of their decision. FINDINGS OF FACT 1. It is impractical to locate 18 additional off-street parking spaces on Lots 8,9 and 10, Block 2, KTS and Lot 2, U.S. Survey 1995 because the existing building footprint and off-street parking already occupy all of the available area. The restaurant occupancy 'an] d floor area has long been limited by the available off-street parking and the additional off-street parking will allow the business to fully utilize the available floor space inside the restaurant structure. 2. Subject to conditions of approval the proposed off-street parking plan can Pi rovide safe and practical off-street parking that will be used in support of the restaurant use as intended and which will not be a detriment to the existing industrial uses in the area or unreasonable imperil the safety of the restaurant patrons. 3 The proposed off-street parking area will meet all the requirements of KIBC 17.175.010, 17.175.040 and 17.175.050. If you have any questions regarding the Commission's actions please contact the Community Development Department at 496-9363. Sincerely, Qc)11aQa Cc51-) Sheila Smith Secretary CC: Mr. Glenn Cunningham Borough Clerk ng ck ace e( s (of nd ten• d tc he I o KI 1, s lot *Id rve -str !. Lot is to ex flax BC 17.175.050, odiak Townsite ated on a lot in ower House ocated on Lot 9, et parking). all . U.S. Survey enclose a deck and the main mum seating by Public Hearing Item VI -A P&Z June 16, 2010 Request: A Parking Plan Review, accordi to permit the development of Lot 11A, BI Curren oning with an additional 18 off-street parking s P & Z Case # 10-018 common ownership within 600 feet of t Agent: Glen Cunningham Restaurant) use which they are intended t Owner: Ocean Enterprises Block 2 (restaurant), Lots 8 & 10, Block of Alaska located in Kodiak Townsite Subdivision 1995 (off-street parking). The petitioner! on the channel side of the restaurant a structure in a manner which will increase up to 54 seats. Kodiak Island Borough GIS System This map was prepared from the Kodiak Island Baough's GIS System. It is provided for the purpose of showing the general location of a progeny whin the Kodiak Island Boro This map does not represent a survey. More Information about the mapping data can be obtained by contacting the Kodiak Island Borough IT Department M(907)4864333. Case No. 10-018 Introduction 1 of 4 c osz? este mccs Case No. 10-018 Tntroduclion 2 of 4 Public Hearing Item VI -A P82 June 16, 2010 Public Hearing Item VI -A P&Z June 16. 2010 Case No. 10-018 Introduction 3 of 4 Kodiak Island Borough Zoning Map Community Development Department rig E il Request: A Parking Plan Review. according to permit the development of Lot 11A. Block Current Zoning with an additional 18 off-street parking spaces P & Z Case # 10-018 common ownership within 600 feet of the Agent: Glen Cunningham Restaurant) use which they are intended to Block 2 (restaurant), Lots 8 & 10, Block 2 Owner: Ocean Enterprises located in Kodiak Townsite Subdivision and of Alaska 1995 (off-street parking). The petitioner intends on the channel side of the restaurant and structure in a manner which will increase the up to 54 seats, to 1, (OA serve (off-street Lot to expand maximum KIBC 17 175.050. Kodiak Townsite located on a lot in Power House located on Lot 9, parking), all 2, U.S. Survey to enclose a de the main seating co ;� x;30) �", Nl °` o no u co N .. ' OTA v11..... tx !� t5 I r di 2�3- ,- '0 65' �a cc �! SS �C r° � ��t d �� 1 Q P -N 0 •0 NN —1 �rtiP P ` Q ..' , aye °' <,\ CI1- it ;4, A\ `: co X 417 �1 _rimX42° 32P`1 a / 0 Zoning Legend Parcels selection Industrial Public Use MINI Multi Family Residential Rural Resid4n is Business i_: .. Light Industrial 11 Single Family Residential '' Retail Business Rural Resid4n is Conservation Natural Use 11 Two Family Residential 11 Rural Residential °„ Split Lot Zor 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 Boroug'r This map does not represent a survey. Mora information about the mapping data can be obtained by contacting the Kodiak Island Borough R Department at (907)486-9333 Case No. 10-018 Introduction 3 of 4 Public Hearing Item VIA PBZ June 16, 2010 Case No. 10-018 Introduction 4 a14 rvVuIAr. 101-nP11J oVnCC_ aJn - taV.n n. vn.. . vPuhUq Ijgq gItem Vl-A 710 Mill Bay Rd., Room 205, KODIAK, AK 99615-6398 (907) 486-9363 - FAX (907) 486 fg une 16, 2010 www.klb.co.kodiak.ak.us Applicant Information toe �,a�l Pr-EveroPAK Property owner's name 9Q (015 9'e E.. /AA2/dE gDOf,4K/,41.( Property owner's mailing address KDOPAK, AK, 994,' E City 90 7 State. 41?)1 - jDBp, Home phone Work Phone E-mail Addr. i?h1c— a1-E.i Curt 1!/..1&1-I/ar-1 .1 Agent's name (If applicable) -pan..abj PC), Box 3'7'7 t sbeebs Agent's mailing address Knnr1-.1i•<- , 99e15 City State Zip 9o'7- '1 42 - 4040 Zip Home phone Work Phone E-mail Addr. Property Information R '1 onIDIIt Property ID Number/s 1` / /� l + k 4IC 06147-Aie ra(i.L l Bi f( 4 Legal Description pD /n Current Zoning: p- &to/D.. Applicable Comprehensive Plan: Year of Plan adoption: BOOS c20o8 Present Use of Property: VAC- %,o S 30n lel Proposed Use of Property.btie(r PM/Sou/it Lor 5u¢€bRiwy kesio AaJi T QtatTrek tor (Note: Use additional sheets, if needed, to provide a complete description of the proposed request.) Applicant Certification I hereby certify es the property owner/authorized agent that this application for Planning and Zoning Comm' isslon 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 plant for variance and conditional use requests and which may Include optional supporting, documentation as Indicated below. Additional Narrative/History _ As -built Survey Phatog _Other 4- Property Owner's Signature Date Au.horized gent's Signature Date 1A development plan for one or more lots on which is shown the epsting and proposed conditions of the 1• , eluding 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 Rutgers University) . STAFF USE ONLY Code Section(s) Involved: f&&S !7 (i5.O5 () r O 5t&C ties ij - Variance (KIBC 17.66.020) $250.00 Conditional Use Permit (KIBC 17.67.020.8) $250.00 C. X Other (appearance requests, site plan review, etc. " $150.00 V Zoning change from to (KIBC 1 Application received b Staff signature PAYMENT VERIFICATION Zoning Change, Fee Schedule: (per RIB Assembly Resolution Bff. July 1, 2005) Less than 1.75 acres 5350.00 ir^ 1.76 to 5:00 acres 5750.00 S.O1 to 40.00 acres $1Ala.00 40.01 acres or more 51,500.06 APR 2 6 2010 Kodiak Island Boroug Finance Department Case No. 10-018 Application 1 ot 10 h 10-016 LSI ddy 9LO-0L'ON ese0 Q 0 o/of i'o-wn r UVC1 'Expanded seating areas --staff Note .vvanon, Ix�'oI CLt1�Pl 1= 3.1 sat=1 1 Float Plan 110. •141r f+l J \A2.2E -3 3 to {Zi 115 �q� NO0 2 4 1 S RAF Case No. 10-018 Application 3 of 10 Public Hearing Item VI -A P8Z June 16, 2010 Case No. 10-018 Application 4 of 10 Public Hearing Item VI -A P&Z June 16, 2010 Case No. 10-018 Application 5 of 10 76G Lot 11B qB. I 72 FoR 8 SPACE5 vot° 51.4 Parking plan for Lot 11A, - Requires signage, wheel - Access to Lot 11B shall parking layout design. Block 1, Kodiak Townsite Sub. stops, lighting not be unreasonably denied by the --Staff Note Public Heating Item yi-A 1382 June 16, 2010 ve-s- ///9 ifiA t • • --------- * • SCA E r IN 20FT Kodiak,Aleska,. December 18,1963. This nlat represents a true,physical surveyof the souther]; portion of Lot 11,Block 1,Kodiak Townsite,said portion hereon'designated 11 A.The subdivision of Lot 11,13lock 1,wan previously accomplished by deed. KIBS223279 Case No. 10-018 Application 6 of 10 --Staff Note 67, ai ®o; Public Hearing Item VI -A 1982 June 10, 2010 4(7,21r--1110 13, O r Case No. 10-018 Application 7 of 10 Public Hearing Item VI -A P&Z June 16, 2010 Case No. 10-018 Application 9 of 10 Case No. 10-016 Application 9 o110 15 I Sod cm E—'-PN�tt wr 3C, 3 8 IG 2 'SO en ©1 one_ ParaU4 SDRC'E ©4ea Qo°Ito' wax ,tBaaP 24wior Ra ® SSPriess TDrat. , IS ?<ir2005 gNeTzkvit SJ +0 `ta- Au flk 3.' 0- 03 @ m tgao o3 a 0140 01 uoi;eopddy 860-01 'oN asec No-TiN C IJ O PA21(...1 N di I5 eal fo%s" cDu> i2-esTAtut KART 4 I2 ore g 34 40 60d P4066 q.' W I DTH � ($' D& -Pm 0 a. 4 jp_24, 2.0^g 31.2. 4 (111 .G 52.0' 72.$ F3:1-- 344 404 it 10 l646,o I(ole.4 lip,& Fi CD CD 01 CA o� m ® o g 5 Public Hearing Item VI -A P&Z June 16, 2010 Current Location 516 E. Marine Way P & Z Case # 10-018 Ocean Enterprises of Alaska (AKA True World Restaraunt of Alaska Request a Parking Plan Review, according permit the development of Lot 11A, Block 1 an additional 18 off-street parking space common ownership within 600 feet of th o Restaurant) use which they are intended to Block 2 (restaurant), Lots 8 & 10, Block 2 located in Kodiak Townsite Subdivision an 1995 (off-street parking). The petitioner int.- on the channel side of the restaurant and structure in a manner which will increase th.- an unknown number of s. oIBC 17.175.050, to , K Townsite with - d on a lot in ( Id 'ower House e -licated on Lot 9, off stre t parking), all d L. Lot 2 U.S. Survey nds to enclose a deck to - • nd the main - maxii urn seating by at Kodiak Island Borough GIS Legend Subject Parcel Notification Area This map was prepared from the Kodiak Island Boro.rgn's GIS System. It is provided for me purpose of shaving the general Iocat on of a properly wdhm the Kodiak Island Borough This map does no; represent a survey. More inrormation about the mapping data can be obtained by contacting the Koder Island Borough IT Department at (907) 486-9333. Case No. 10-018 Public Comments 1 of 4 PETER DANELSKI ETAL 620 E. REZANOF DR KODIAK, AK 99615 CHRIS KOSTELECKY PO BOX 2383 KODIAK, AK 99615 MARLYS EGGEMEYER PO BOX 965 KODIAK, AK 99615 WILLIAM HARINGTON PO BOX 8166 KODIAK, AK 99615 JOSEPH JENSEN US FISH & WILDLIFE SVC 616 MISSION RD DIVISION OF REALTY KODIAK, AK 99615 1011 E TUDOR RD ANCHORAGE, AK 99503 6199 ROBERT KING JOSEPH JENSEN P.O. BOX 1434 616 MISSION RD KODIAK, AK 99615 KODIAK, AK 99615 RT P.O. DIAK, AK 99615 SENIOR CITIZENS OF KODIAK 302 ERSKINE AVE KODIAK, AK 99615 ST HERMANS PASTORAL SCH 414 MISSION ST KODIAK, AK 99615 CECIL HARTMAN P.O. BOX 1123 KODIAK, AK 99615 Public Hearing Item VI -A P8Z June 16, 2010 FRANCES IANI PO BOX 177 KODIAK, AK 99615 INTERNATIONAL SEAFOODS OF AK PO BOX 2997 KODIAK, AK 99615 MILDRED MULLER TRUST 24472 BIG VALLEY RD NE POULSBO, WA 98370 ATIONAL SEAFOODS OF PO BOX 2 KODIA 615 KODIAK ELECTRIC ASSOC JOSEPH JENSEN P.O. BOX 787 616 MISSION RD KODIAK, AK 99615 KODIAK, AK 99615 ST HERMANS THEO SEMINARY 414 MISSION RD KODIAK, AK 99615 MEAGAN DELANEY ETAL C/O NICHOLSON DELANEY 4215 21ST AVE W. #210 SEATTLE, WA 98119 CITY OF KODIAK P.O. BOX 1397 KODIAK, AK 99615 Case No. 10-018 Public Comments 2 of 4 TRUE WORLD RESTAURANT OF AK PO BOX 274 KODIAK, AK 99615 CHARLES CRAPO 421 SARGENT DR KODIAK, AK 99615 CHANNEL SIDE SERVICES, LLC PO BOX 4174 KODIAK, AK 99615 i 0 015 June 7, 2010 Ocean Enterprises of AK LLC RMC, Attention: Glen Cunningham, PO Box 377 Kodiak AK 99615 Subject: Pubic Hearing Item VI -A wiz June 16, 2010 CITY OF KODIAK 2410 Mill Bay Road, Kodiak, AK 99615 Public Works Department (907) 486-8060 Fax: (907) 486-8066 Dear Mr. Cunningham: The City of Kodiak Public Works Department has reviewed Ocean Enterprises:of AK LLC Planning and Zoning case # 10-018 Parking Plan review request and has no 'objection as submitted for Lot 11A Blk 1 Kodiak Townsite Subdivision. Sincerely, Mark Kozak Public Works Director Case No. 10-018 Public Comments 3 of 4 Public Hearing Item VI -A P&Z June 16. 2010 Case No. 10-018 Public Comments 4 of 4 DATE: TO: FROM: SUBJECT: CASE: APPLICANT: REQUEST: LOCATION: ZONING: Twenty-four Public Heating Item VI -1 P8Z June 16, 2010 MEMORANDUM 11 June 2, 2010 Planning and Zoning Commission Community Development Department Information for the June 16, 2010 Regular Meeting 10-018 Ocean Enterprises of Alaska, LLC (AKA True World Restaurant of AK) A Parking Plan Review, according to KIBC 17.175.050, to permit the development of Lot 11A, Block 1, Kodiak Townsite with ani'additional 18 off-street parking spaces located on a lot in common ,ownership within 600 feet of the (Old Power House Restaurant) use which they are intended to serve located on Lot 9, Block 2 (restaurant),1Lots 8 & 10, Block 2 (off-street parking), all located in Kodiak Townsite Subdivision and Lot.2, U.S. Survey 1995 (off-street parking). The petitioner intends to enclose a deck on the channel side of the restaurant and to expand the main structure in a manner which will increase the maximum seating by up to 54 seats. ' .I 516 Marine Way I -Industrial ii (24) public hearing notices were mailed on May 24, 2010. APPLICABLE CODE SECTIONS 17.175.010 Off-street parking required --In general. In all zoning districts, from the time a principal building or land use activity is erected, constructed, established, altered or enlarged, there shall be off-street parking conforming to this chapter to serve that building or use. This parking shall be available free of charge for the use of the occupants, employees, and patrons of the building. The owners and occupants of a principal building shall be jointly and severally responsible for providing and maintaining the off-street parking serving that building or use. The off-street parkingilrequired by this chapter shall be maintained in accordance with this chapter during the life of the building or use. Case No. 10-018 Staff Report 1 of 7 continuously Public Hearing Item VI -1 PAZ June 16, 2010 17.175.040 Off-street parking — Number of spaces required. A. The required number of off-street parking spaces to be provided will be determined as follows: TABLE 1 Permitted Uses Required Off -Street Parking Spaces Restaurants, bars 1 per 3 seats, based on maximum seating capacity in the principal placeof assembly 17.175.050 Off-street parking—Location. All parking spaces required under section 17.57.040 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 planning and zoning commission finds that it is Impractical to locate the spaces on such a lot, it may permit them to be located on any lot within six hundred 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 section 17.57.040 shall be located in a use district permitting the use which they serve. BACKGROUND This request is intended for Commission review and a determination that an additional eighteen (18) off-street parking spaces can be developed on Lot 11A, Block 1, Kodiak Townsite Subdivision (KTS) in order to support expanded restaurant seating on Lot 9, Block 2, New Kodiak Subdivision (NKS). The Old Power House Restaurant is located on Lot 9, Block 2, NKS and it is currently permitted to have up to 100 seats based on the existing parking plan (ZCP CZ -02-022). The provision of 18 additional parking spaces, if approved by the Planning & Zoning Commission, represents a potential increase of up to 54 additional seats. Lot 11A, Block 1, KTS, is located approximately 200 away from the nearest corner of Lot 11A to the front door of the restaurant on Lot 9, Block 2, NKS. Marine Way is a 40 - foot wide ROW with a fairly narrow "gravel" roadway that averages about 20 to 22 feet in width. The petitioner is proposing a combination of structural expansion and other floor plan changes to accommodate additional seating for the restaurant and banquet use. Lot 11A has 6;269 square feet and is the product of a subdivision by deed that occurred sometime prior to 1963 when Lot 11A was surveyed as a parcel separate and distinct from remainder Lot 11B. Case No.10-016 Staff Report 2 of 7 Public Hearing Item VI -1 P&Z June 16, 2010 The restaurant owner/operator has acquired Lot 11A and is prepared to make it a permanent amenity in support of the restaurant use on Lot 9, Block 2, NKS. HISTORY A brief historical perspective is instructive and will help to understand, the ongoing parking issues that continually arise in this part of town. The channel side lots have historically been used primarily for seafood processing and other marine related uses. Years ago, the "Old Power House" was really the exception to the rule initerms of land uses in this area. More recently, two new restaurants have been developed in this area which take some advantage from the waterfront location provided in this area. As a result, these commercial uses bring not only more traffic to the area, but a',different type of clientele that what has historically been the norm. Lot 11A is zoned B -Business and Lot 9 is zoned I -Industrial. Because the I -Industrial zone permits all uses that are permitted in the B -Business zoning district there Is no zoning conflict between the two sites. Designated parking areas are required to be located in a zone which permits the use which they are intended to serve. There would only be a conflict in this regard if the Old Power House Restaurant were converted to an industrial use that was not permitted in the B -Business zoning district. Lot 11A was created by a deed conveyance prior to 1963. As a result, Lot 11B Is "landlocked" without any clear route of access to be provided. The lot is generally smaller than typical to support a viable commercial use. Even a minor use, is required to provide at least 3 off-street parking spaces per borough code. Staff will recommend a note on the site plan as a condition of approval that some form of practical; access to Lot 11B should always be provided even though it is recognized that the parking layout may be modified in the future. COMMENTS The petitioner currently has zoning compliance for a 100 seat restaurantbased on the prior floor plan for Lot 9, Block 2, NKS (CZ -03-022). The additional 18 off street parking spaces proposed for Lot 11A, KTS, represents a maximum increase of 54 seats within the restaurant at a parking ratio of one (1) off-street parking space for every three (3) seats. The revised floor plan shows a total of 149 seats inside the restaurant with additional floor areas being brought into service. These areas includethe,incusion of a former loading dock and storage area in the secondary dining room and the enclosure of the existing channel side deck adjoining the main dining area. With the enclosure of the channel side deck, some existing seats will be displaced in order to move the Case No. 10-018 Staff Report 3 of 7 Public Hearing Item VI -1 P8Z June 16, 2010 exterior wall to the channel edge. The overall impression of the floor plan is that it will generally provide more open floor area in the main dining room and also allow for full utilization of the secondary dining area behind the large wall partition. This area was not allowed to be fully utilized under the prior zoning compliance permit. Approval of the additional parking area can be granted if the Commission can make three findings: 1) that it is impractical to locate 18 additional off-street parking spaces on Lots 8, 9 and 10, Block 2, KTS and Lot 2, U.S. Survey 1995. These are the lots that currently make up the "Old Power House Restaurant" building and parking complex. 2) that the proposed 18 off-street parking spaces on Lot 11A will meet the requirements of KIBC 17.175.010, 17.175.040 and 17.175.050 to provide Tong -term additional parking and to provide parking for the life of the "Old Power House Restaurant" which they serve, and 3) that subject to certain conditions, 18 additional off-street parking spaces on Lot 11A can provide a safe and practical parking area that is likely to be used by employees and the general public when they patronize the °Old Power House Restaurant". Although the proposed parking area is little more than 200 feet from the front door of the restaurant, the level of maintenance provided to Marine Way is generally commensurate with the historical use of the area for industrial purposes. Marine Way is a "gravel" road that is prone to potholes, muddiness and icy conditions in the winter. In addition, it is expected that the parking lot will similarly be graveled and maintained in a manner similar to the existing parking lot adjacent to the restaurant building. Staff recommends that approval of this parking plan be contingent on the concurrence of the City of Kodiak Public Works Department and the City of Kodiak Police Department. This is not intended to unreasonably burden an approval but to ensure that the city is aware that pedestrian traffic will be crossing Marine Way on a regular basis and that additional vehicle traffic will likely result from the planned expansion of the restaurant use. Staff recommends that the parking lot layout be supplemented with additional information regarding signage, wheelstops, lighting improvements and other improvements necessary to ensure the parking is fully utilized by patrons and that they don't opt to park in the Marine Way ROW rather than use the parking that has been prepared for this use. Case No. 10-018 Staff Report 4 of 7 Public Hearing Item VI -1 P82 June 16, 2010 RECOMMENDATION Staff recommends that this request be approved subject to conditions of approval. APPROPRIATE MOTION Should the Commission agree with the staff recommendation, the appropriate motion is: Move to grant approval of a parking plan, in accordance with Section 17.175.050 of the Kodiak Island Borough Code, that shows eighteen (18), off`street parking spaces proposed to be located on Lot 11A, Block 1, ,Kodiak Townsite Subdivision, which are impractical to be located on Lots 8, 9• and 10, Block 2, New Kodiak Townsite and Lot 2, U.S. Survey 1995, in order to support the expanded restaurant seating proposed there, and that eighteen (18) off-street parking spaces located on Lot 11A, subject to conditions of approval, will provide a safe and practical off-street parking alternative to the off-street parking that is typically required to be located on-site or on an adjacent lot in common ownership, subject to the conditions of approval in the staff report dated June 2, 2010, and to adopt the findings in the staff report as "Findings of,, Fact" for this case. CONDITIONS OF APPROVAL 1. Prior to the issuance of zoning compliance, the petitioner shall update the parking plans for Lot 11A and for Lot 10, Block 2, NKS and Lot 2, U.S. Survey 1995, to show the location and type of signage that will be used to advise patrons that the parking area is for restaurant use only and which will help patron negotiate the safest route from the front door of the, restaurant to the new satellite parking area. 2. Identify signage or management notes on the parking plan that will require impoundment of any unauthorized vehicles which would reduce the number of usable spaces in support of the restaurant use. 1 3. Prior to the issuance of zoning compliance, the pefitioner shall revise the parking plan to include a side note that indicates practical access to Lot 11B will not be unreasonably denied unless it can be shown that adjoining Lot 118 has legal and physical access by some other route. 4. Prior to issuance of zoning compliance, the petitioner will add such other parking plan improvements required to be shown on the parking plan such as wheel stops, seasonal lighting, etc. that may be necessary to ensure the safe and practical use of use of the site for its intended purpose. Case No. 10-018 Staff Report 5 of 7 Public Hearing Item VI -1 P&Z June 16, 2010 5. The petitioner will obtain letters of concurrence/non-objection from the City of Kodiak Police Department and Public Works Department to ensure that they are aware and do not object to the increase traffic in this area both vehicular and on foot, due to the need for people to be crossing Marine Way in a historically industrial area in the absence of any amenities such as a crosswalk, sidewalk or other pedestrian access improvements. FINDINGS OF FACT 1. It is impractical to locate 18 additional off-street parking spaces on Lots 8, 9 and 10, Block 2, KTS and Lot 2, U.S. Survey 1995 because the existing building footprint and off-street parking already occupy all of the available area. The restaurant occupancy and floor area has long been limited by the available off-street parking and the additional off-street parking will allow the business to fully utilize the available floor space inside the restaurant structure. 2. Subject to conditions of approval the proposed off-street parking plan can provide safe and practical off-street parking that will be used in support of the restaurant use as intended and which will not be a detriment to the existing industrial uses in the area or unreasonable imperil the safety of the restaurant patrons. 3. The proposed off-street parking area will meet all the requirements of KIBC 17.175.010, 17.175.040 and 17.175.050. Case No. 10-018 Staff Report 6 of 7 ugh Proposed Parking Area, Lot 11A Public Hearing Item VI -1 P&Z June 16, 2010 Help 1 Existing Restaurant & Parking Complex Case No. 10-018 Staff Report 7 of 7 June 7, 2010 CITY OF KODIAK 2410 Mill Bay Road; Kodiak, AK 99615 Ocean Enterprises of AK LLC AMC, Attention: Glen Cunningham, PO Box 377 Kodiak AK 99615 Subject: Public Works Department (907) 486-8060 Fax: (907) 486-8066 Dear Mr. Cunningham: The City of Kodiak Public Works Department has reviewed Ocean Enterprises of AK LLC Planning and Zoning case # 10-018 Parking Plan review request and has no objection as submitted for Lot 11A Blk 1 Kodiak Townsite Subdivision. Sincerely, Mark Kozak Public Works Director Ocean Enterprises, LLC 516 E. Marine Way 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 May 19, 2010 Re: Case 10-018. Request a Parking Plan Review, according to KIBC 17.175,.050, to permit the development of Lot 11A, Block 1, Kodiak Townsite with an additional 18 off-street parking spaces located on a lot in common ownership within 600 feet of the (Old Power House Restaurant) use which they are intended to serve located on Lot 9, Block 2 (restaurant), Lots 8 & 10, Block 2 (off-street parking), all located in Kodiak Townsite Subdivision and Lot 2, U.S. Survey 1995 (off-street parking). The petitioner intends to enclose a deck on the channel side of the restaurant and to expand the main structure in a manner which will increase the maximum seating by an unknown number of seats. Dear Mr. Sir or Madam: Please be advised that the Kodiak Island Borough Planning and Zoning Commission has scheduled the case referenced above for Public Hearing at their June 16, 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, June 9, 2010 at 7:30 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 CC: Mr. Glenn Cunningham KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 Public Hearing Item VI -A PUBLIC HEARING NOTI CE A public hearing will be held on Wednesday, June 16, 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: 10-018 APPLICANT: Ocean Enterprises of Alaska, LLC (AKA True World Restaurant of Alaska) REQUEST: A Parking Plan Review, according to KIBC 17.175.050, to permit the development of Lot 11A, Block 1, Kodiak Townsite with an additional 18 off- street parking spaces located on a lot in common ownership within 600 feet of the (Old Power House Restaurant) use which they are intended to serve located on Lot 9, Block 2 (restaurant), Lots 8 & 10, Block 2 (off-street parking), all located in Kodiak Townsite Subdivision and Lot 2, U.S. Survey 1995 (off-street parking). The petitioner intends to enclose a deck on the channel side of the restaurant and to expand the main structure in a manner which will increase the maximum seating by an unknown number of seats. LOCATION: 516 E. Marine Way ZONING: I -Industrial This notice is being sent to you because our records indicate you are a property owner/interested the request. If you do not wish to testify verbally, you may provide your comments in the to the Community Development Department. Comments must be received by June 2, party in the area of space below or in a letter 1010 to be considered in the staff reports.. If you would like to fax your comments to us, our fax number is: (907) like to testify via telephone, please call in your comments during the appropriate public meeting. The local call-in telephone number is 486-3231. The toll free telephone number One week prior to the regular meeting, on Wednesday, June 9, 2010, a work session will 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 decision on this request. If you have any questions about the request or your appeal rights, at 486-9363. Your Name: Mailing Address: 486-9396. If you would hearing section of the is 1-800-478-5736. be held at 7:30 p.m. in the with the Commission's please feel free to call us Your property description: Comments: Current Location 516 E. Marine Way P & Z Case # 10-018 Ocean Enterprises of Alaska (AKA True World Restaraunt of Alaska Request a Parking Plan Review, according to KIBC 17.175.050, t6 permit the development of Lot 11A, Block 1, Kodiak Townsite wi an additional 18 off-street parking spaces located on a lot in common ownership within 600 feet of the (Old Power House Restaurant) use which they are intended to serve located on Lot Block 2 (restaurant), Lots 8 & 10, Block 2 (off-street parking), all located in Kodiak Townsite Subdivision and Lot 2, U.S. Survey 1995 (off-street parking). The petitioner intends to enclose a deck on the channel side of the restaurant and to expand the main structure in a manner which will increase the maximum seating by an unknown number of seats. Kodiak Island Borough GIS Legend Ei Subject Parcel Notification Area This map was prepared from the Kodiak Island Borough's GIS System. 11 is provided for the purpose of showing the general location of a property within the Kodiak Island Borougt 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. • rek LO 5 33 ci4 6 2 G 9 kw' • • . ,•••••. . S C -/VL. E t I=2OFT Kodiak,Alaeka.., December 18,190. This plat representsaa,true„physical Slarvei,:ef'the soUtherly portion of Lot 11;Block 1,KodidkA,Ounsite,eaid portion hereon designated 11 :4„The subdivision of Lot 110.1ock 1,was previously accomplished by deed. KIBS223279 PETER DANELSKI ETAL 620 E. REZANOF DR KODIAK, AK 99615 CHRIS KOSTELECKY PO BOX 2383 KODIAK, AK 99615 MARLYS EGGEMEYER PO BOX 965 KODIAK, AK 99615 WILLIAM HARINGTON PO BOX 8166 KODIAK, AK 99615 FRANCES IANI ' PO Bpx 177 KODIAK, AK 99615 INTERNATIONAL SEAFOODS OF AK PO BOX 2997 KODIAK, AK 99615 JOSEPH JENSEN US FISH & WILDLIFE SVC MILDRED MULLER TRUST 616 MISSION RD DIVISION OF REALTY 24472' BIG VALLEY RD NE KODIAK, AK 99615 1011 E TUDOR RD POUI:SBO, WA 98370 ANCHORAGE, AK 99503-6199 ROBERT KING JOSEPH JENSEN P.O. BOX 1434 616 MISSION RD KODIAK, AK 99615 KODIAK, AK 99615 DIAK, AK 99615 SENIOR CITIZENS OF KODIAK 302 ERSKINE AVE KODIAK, AK 99615 ST HERMANS PASTORAL SCH 414 MISSION ST KODIAK, AK 99615 CECIL HARTMAN P.O. BOX 1123 KODIAK, AK 99615 KODIAK ELECTRIC ASSOC JOSEPH JENSEN P.O. BOX 787 616 MISSION RD KODIAK, AK 99615 KODIAK, AK 99615 1 ST HERMANS THEO SEMINARY 414 MISSION RD KODIAK, AK 99615 TRUE WORLD RESTAURANT OF AK PO BOX 274 KODIAK, AK 99615 MEAGAN DELANEY ETAL CHARLES CRAPO C/O NICHOLSON DELANEY 421 SARGENT DR 4215 21ST AVE W. #210 KODIAK, AK 99615 SEATTLE, WA 98119 CITY OF KODIAK CHANNEL SIDE SERVICES, LLC P.O. BOX 1397 PO BOX 4174 KODIAK, AK 99615 KODIAK, AK 99615 t 0 Ot _ •, ;-- 1 j , ; : - • _ . 1 , 1 1, -:.-••• , -... , „. ' • ..••• : - ; ;,..141414-Pv". -1-- ' I ' ; I ' , : - t ' . 1 I I Ir - =', , - 1 i _ - i - ; , r - I t. _ .1 1 1 1 ; 1 1 . ; I 1 1 ' _ t I I II- '' ; 1 , 1, 1 I. 1 I- 1 - I ; , ' I i I -1- i , , t 1 i I 1 I t 11 . 1 . 1 -1 " ; - t ! 1 _I i I i 1 I 1 - I 1 I 4 I ; I. IV 01 0 1 , --- i - ' ' 1 ___ .1_ - • ! : I ! 1- ' ' 4- 1 1 4 4 4 , - I I . , t 1 _,...--------1, I i I I i I 1 I .,..... t - I ' I I -t- ' I _ .1, ._ . , . , $ I I 1 1 ! , t I I I 1 " : I I I 1 i 1 ; -----.1- t ___. 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IVI P GM/ rNva,rvn - Ihovivunrivi.m • mos - 710 Mill Bay Rd., Roo:- ";�5, KODIAK, AK 99615-6398 (907) 486-*y``'t www.kib.co.kodiak.ak.us 1•1114.111‘ 111 r w.. - ..., . ... -. - FAX (907) 486-9396 Applicant Information e.E-4 J C/4-7-EgP-JS/4tAA1.L Property owner's name qq ( 1 S 5i(o E A' A2ffiE /6 , *DiA r414 Property owner's mailing address go AK , Ac1, q 9 6, g City o State Zip 4.ea - /663)e) Home phone Work Phone E-mail Addr. GLE( eunfpif'I&-ff4i`-1 .i Agent's name (If applicable) -p.. 1241 .j Box 3 7'7 Aiwbee,Ips Agent's mailing address City State Zip 9o'7- of 42,- 4041-0 Home phone Work Phone E-mail Addr. Property Information Property ID Number/s 11-k (©1,005% ie Legal Description Dp r Current Zoning: ID- I )5riracp55 Applicable Comprehensive Plan: ii A00$ Year of Plan adoption: XOO Present Use of Property: �,I,�.. S 3o,0'4.q Proposed Use of Property: nA Lol ockia.it4 i Past t ,4.Lr 024,1 l- ,ut0.051-k(A _ Ler (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 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. Additional Narrative/History As -built Survey Property Owner's Signature 1A development plan for one or more lots on which is shown the existing and proposed conditions of the I7' cluding 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, 01993 by Rutgers University) Photog • i aps Other 23 -AD Au horized ' gent's Signature ; , Date STAFF USE ONLY Code Section(s) Involved: j'(, 97 0'5705'6 c, Pmakpl L at lot .- Variance (KIBC 17.66.020) $250.00 Conditional Use Permit (KIBC 17.67.020.8) $250.00 X Other (appearance requests, site plan review, etc. Zoning change from to (KIBC 1 Application received by/44, / 4/4. ; Staff signature APR 2 6 2010 Kodiak islandBOf PAYMENT VERIFICATION *Zoning Change, Fee Schedule: (per IKIB Assembly Resolution Eff. July 1, 2005) Om 1.75 acres 1.76 to 5.00 acres 5.01 to 40.00 acres 40.01 acres or more $350.00 $750.00 51.,000.00 $1,500.00 Finance Department 10-01 3 Applicable Island Borough Code Application Requirements General 17.03.050 Approval by planning and zoning commission. When it is stated in this tide that uses are permitted subject to approval by the co for consideration shall be submitted to the community development department with a site plan.... ion, an application 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. 13. An application for a conditional use shall be filed with 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 or 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, characteraiid 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 inay 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 structures 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; 13. The commission upon its own motion; and C. By 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