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KODIAK TWNST BK 16 LT 17A & 17B - Similar Use DeterminationKodiak Island Borough Planning &Zoning Commission 1S/finutes December 21, 2012 Regular Meeting 6:30 p.m. in the Assembly Chambers CALL TO ORDER CHAIR TORRES. called to order the December 21, 2011 regular meeting of the Planning and Zoning Commission at 6:30 p.m. PLEDGE OF All EGIANCE CHAIRTORRES led the pledge of allegiance. ROIL CALL Requested excusal was Casey Janz and Alan Schmitt. Commissioners present were Brent Watkins, Bill Kersch, Alan Torres, Jay Baldwin, and Rick Vahl. Excused were Casey Janz and Alan Schmitt. Aquorum established. COMMISSIONER KERSCH MOVED to excuse Casey Janz and Alan Schmitt. VOICE VOTE ON MOTIONC4RRIED UNANIMOUSLY Community Development Department staffpresent was Bud Cassidy and Sheila Smith. APPROVAL OF AGENDA COMMIISSIONER WATKINS MOVED to approve the December 21, 2011 Planning &Zoning agenda. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY APPROVAL OF MINUTES COMMISSIONER WATKINS MOVED to approve the November 16, 2011 Planning &Zoning Minutes. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY AUDIENCE COMMENTS AND APPEARANCE REQUESTS There were none. PUBLICHEARINGS A) Case 12-021. Request a Similar Use Determination, according to KBC17.15.090(A), to allow a small-scale beer brewing operation, a tasting room and general retail space as uses similar in character and impact to other permitted uses in the B -Business Zoning District. Lots 17A and 17B, Block 16 Kodiak Townsite Subdivision. The applicant is Cy Hoen and the agent is Ben Milstein. The location is 117 Lower Mill Bay Road and the zoning is B -Business. Cassidy reported staffbelieves the potential impacts would be small and staffrecommends approval of this request. COMMISSIONER BALDWIN MOVED to grant a Similar Use Determination, according to K!BC 17.15.090(A), to allow a small-scale beer brewing operation, a tasting room, and general retail space as uses similar in character and impact to other permitted uses in the B -Business Zoning District, and to adopt findings of fact in the staff report dated December 9, 2011, as Findings of Fact for Case No. 12- 021. 12/21/2011 P&ZMlnutes Page 1 of 6 The public hearing was opened & closed. Public testimony was given by: Ben Millstein, agent, stated he's here to answer any questions. Brief discussion FINDINGS OF FACT' 1 This similar use determination is based upon the information submitted by the applicant, and review of the applicable zoning requirements and land use characteristics. 2. The proposed small scale brewery is determined to be similar in character and impact to a permitted bakery use on the basis of land use and zoning criteria. 3. Asmall scale brewery is defined as one that has an annual production of 3,000 barrels or less, and utilizes no more than 600 barrels for off island sale. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY Case 12-022. Request an investigation, according to 1QBC 17.205.030 (Q to rezone Lots 10, Et 12 and Int 20, Block 2, Perez Estates Subdivision from 123 —Mufti -Family Residers — o Family Residential. The applicant is Alan & Rose Wolf. The location is vario to along on White Way some with double frontage on Sharatin Road, 3100, 3084,3 : 52, and 3218 Wilto White Way and 7 lots with no assigned address. The zoning is 123-w ulti-family Residential. Cassidy stated the : may be some merit to this case and staff is recommends postponement to consider the whole blo COMMISSIONER WA 1I MOVED to postpone action on Case 12-022 ntil the February 2012 regular commission meeting . the Kodiak Island Borough Planning a + Zoning Commission and to expand the scope of review to in• ude all lots in Block 2, Perez Estate: Subdivision including Lots 1 to 16, Lot 17A-1 and Lots 18 to 21, sub'-ct to a new staff evaluation a . public hearing at that time. The public hearing was opened & close+. • blic testimony was • iven by: Rose Wolf spoke in support of the rezone sta ' g there are :. fety issues and topography problems. Amanda Breedon spoke in support of the rezone ati : there are drainage and safety issues Julia Barklow spoke in supportof the rezone stati. • t -re are safety issues. Mike Reuter said he is not in favor of building .n Sharatin. Kevin Arndt, MK Enterprises represent. ive, spoke in oppo 'tion to the request and stated safety issues are on all streets, and the whe a area is R3 that was p :dominately zoned for mobile home courts or apartment buildings. In response to Arndt's questio 're mobile homes are allowed on his pr. +erties, Cassidy stated mobile homes are single family resi' nces so he could put one on each lot. Alan Wolf spoke in supps t ofthe rezone. Discussion ROLL GILL VO . ` ON MOTION CARRIED UNANIMOUSLY C) Case 1 123. Request a Review, according to KIBC18.20.030, to acquire interest 1' t orough land by sermit, easement, or lease in order to construct a temporary 14' wide x 31:' long loggi ' road to access timber lands in Cttiaiak for a period of three years. The applicant is -1 Ti' •er and the location is Section 31, T29S R18W Seward Meridian and generally locate I%tween the Chiniak School and Pony Lake. The zoning is C -Conservation. 12/21/2011. P&7 Minutes Page 2 of6 December 22, 2011 Ben Millstein 338 Shelikof Street Kodiak, AK 99615 Kodiak Island Borough Community Development Department 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486-9363 Fax (907) 486-9396 www.kodiakak.us Re: Case 12-021. A similar use determination, in accordance with KIBC 17.15.090(A), to allow a small-scale beer brewing operation, a tasting room and general retail space as uses similar in character and impact to other permitted uses in the B -Business Zoning District. Lots 17A and 17B, Block 16 Kodiak Townsite Subdivision. Dear Mr. Millstein: The Planning & Zoning Commission, at their regular meeting on December 21, 2011, determined that the request referenced above was granted. Findings of fact in support of this decision are as follows: FINDINGS OF FACT 1. This similar use determination is based upon the information submitted by the applicant, and review of the applicable zoning requirements and land use characteristics. 2. The proposed small scale brewery is determined to be similar in character and impact to a permitted bakery use on the basis of land use and zoning criteria. 3. A small scale brewery is defined as one that has an annual production of 3,000 barrels or less, and utilizes no more than 600 barrels for off -island sale. An appeal of this decision may be initiated by; 1) the applicant, or 2) any person who was sent a written notice or submitted timely written comments, by filing a written notice of appeal to the Borough Clerk within ten (10) working days of the date of this decision. The notice of appeal must state the specific grounds for the appeal and the relief sought by the appellant, and accompanied by the $350 appeal fee. Therefore, the decision will not be final and effective until ten (10) working days following the decision. For more information on the appeal process please contact the Borough Clerk's Office at 486-9310. .1• Should have any questions regarding the determination please feel free to contact me at 486-9360 if you. Sincerely, Ofled2a Ctkrn Sheila Smith, Secretary Community Development Department CC: Cy Hoen Public Hearing Item /-A December 21, 2011 Current Location P & Z Case # 12-021 Cy Hoen Agent: Ben Millstein Request: A Similar Use DeterIMPIr mccording tc? KIBC17.15.090(A), to allow a small-scale beer brewing operation, a tasting room and general retail space as uses similar in character and impact to other permitted uses in the B -Business Zoning District. 203 Legend Subject Parcels \ Kodiak Island Borough GIS System 0 87.5 175 350 525 700 Feet w N E 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. 12-021 Introduction Page 1 of 6 Public Hearing Item /-A December 21, 2011 Nc) f>.5k* \CI Case No. 12-021 Introduction Page 2 of 6 Public Hearing Item /-A December 21, 2011 Case No. 12-021 Introduction Page 3 of 6 Kodiak Island Borough Zoning Map Community Development Department W AtIN._ `jJ Current Zoning Request: A Similar Use Determination, according to P & Z Case # 12-021 KIBC 17.15.090(A), to allow a small-scale beer brewing operation, a tasting room, and general retail Cy Hoen space as uses similar in character and impact to other, Agent: Ben Millstein permitted uses in the B -Business Zoning District Nil v�0 � 87.5 175 351 I r t 1 I 1 r I � 14 Fee: C/) ) _ M Cb ry^hyo (., .— CA,�1 • NN 4slipl' 20 N ^b mor ►.``) , �,6z -• N% �/ 779 13, I\V NSA _ . << N: '"D co ,� ,`` \� \,', O �1\ �,rCP.o' ro 7 >0 Legend t\ Subject Parcels 311 /�� 19 203 * DRI �� N `�, ��0 \�:r' X1.0`./' �� Qom. fa � �P 2�J �, ��' U S 562 -USS r t'. 203- 0 V • 208 `b 2 \ 210 ebN 90 . & . Zoning Legend Public Use Lands Rural Residential 1 Multi Family Residential - Light Industrial / A Watershed Rural Residential 2 Business L Rural Neighborhood Commercial rConservation Single Family Residential Retail Business Urban Neighborhood Commercial Rural Residential 1 Two Family Residential Industrial j Natural Use This map was prepared from the Kodiak Island Borough's GIS System. It is provided for the purpose of showing the general location of a property within the Kodiak Island Borough. This map does not represent a survey. More information about the mapping data can be obtained by contacting the Kodiak Island Borough IT Department at (907) 486-9333. Case No. 12-021 Introduction Page 3 of 6 • Public Hearing Item /-A December 21, 2011 \kft- ex•c• \ v - NQ e7,5k• \cai 0 ,(6.(') Case No. 12-021 Introduction Page 4 of 6 Public Hearing Item /-A December 21, 2011 Image Overlay P & Z Case # 12-021 Cy Hoen Agent: B Millstein Request: A Similar Use Determination according to KIBC17.15.090(A), to allow a small-scale beer brewing operation, a tasting room and general retail space as uses similar in character and impact to othe permitted uses in the B -Business Zonin: District. Kodiak Island Borough GIS System N 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. 12-021 Introduction Page 5 of 6 *r ,,,, •Q s• 0 0 0) (Ix •( .0) I•% Public Hearing Item /-A P&Z December 21, 2011 KODIAK ISLAND BOROUGH - COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Rd., Room 205, KODIAK, AK 99615-6398 (907) 486-9363 - FAX (907) 486-9396 www.kib.co kodiak.ak us Property Applicant Information 7e) /1 , a�ner's name $a1�' Pr9p5y owner's mailing a ress 1--....—(70/, 0-K JK 96/. City State Zip ?.215//g Vro•stird Home phone Work Phone E-mail Addr. Agent's nye (If applicable) , Agent's mailing address ZI CityState --yhz3 6-X31 Home phone Work Phcne E-mail Addr. Property Information Property ID Number/s Kupw w 'rr K 1,Z L Legal Description Current Zoning: Applicable Comprehensive Plan: Year of Plan adoption: Present Use of Property: IL r4)L, Z, roposed Use of Property: I (Note: Use additional sheets, if needed, to provide a complete description of the proposed request.) Applicant Certification 1 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 /c2 2/ ',;zoi/ Property er's Signature Photographs Maps Other Date Au o zed Agent's Signature • Date A deve - ent 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 Rutgers University) STAFF USE ONLY Code Section(s) Involved: /7 / G 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.) $150.00 ✓ Zoning change from to (KIBC 17.72.030 and 030.C)* April.ion received by: I Staff signature PAYMENT VERIFICATION rMIU OCT 21 2011 (9 Kodiak Island Borough Finance Department Case No. 12-021 Application Page 1 of 9 IF\1 OCT 1 2 2011 CDMMUNi1Y DEVELOPMENT DEPARTMENT Public Hearing Item /-A P&Z December 21, 2011 Ben Millstein; manager/brewer 338 Shelikof Avenue Kodiak, Alaska 99615 907 -486 -ALES (2537) bmiilspn ak.net www.kodiakbrewery.com Request for Similar Use Determination to approve the purchase and occupation of "Cy's" by Kodiak Island Brewing In October, 2002 a similar use determination was granted to Kodiak Island Brewing finding that a small brewery is more like a bakery than an industrial manufacturer. This move would expand the breweries business, but not change it substantially in character. Attached is an approximate layout for the business showing that the relative square footage for manufacture, retail, storage, etc is still within the discussed proportions in the similar use determination of 2002. 1 Case No. 12-021 Application Page 2 of 9 Oct 21 11 02:20p Ben Millstein T' • 9 _ 1 .r._. i I s i '4'0'4,401 ote • , I . • I I i• Public Hearing Item /-A P&Z December 21, 2011 . 907-486-2537 N•y-lbV . 111 X50' a 165'• = 8,250 soft grogs rE I • ..� • I • Case No. 12-021 Application Page 3 of 9 • 1 1 • 1 • Public Hearing Item /-A P&Z December 21, 2011 Kodiak Island Brewing Co. Ben Millstein; manager/brewer 338 Shelikof Avenue Kodiak, Alaska 99615 907 -486 -ALES (2537) bmills@ak.net www.kodiakbrewery.com For consideration of a similar use determination Kodiak Island Brewing Company was issued a similar use determination in 2002 for the Harbor Building location when it was found to be more like a bakery than a factory. From the similar use determination: "The intent of these... decisions is to ensure that the primary function of these small scale ventures is to serve the daily needs of the local community and visitors... with fresh local products." This statement more or less summarizes the brewery's mission. Over the years our sales volume has been very closely split between wholesale to the local bars and restaurants and retail to the public. However our profitability is entirely based on retail sales. We think of wholesale as a combination of community service and advertising opportunity due to the cost of production. Our profit comes entirely from retail sales, both beer and merchandise. In 2007 state regulations changed to allow us to sell limited amounts of beer for "on premise" consumption. This has been our most dramatic area of growth; close to doubling each year. Our expansion will allow us to accommodate that growth on the retail side as well as the growing demand overall. Our sales this year through October have been 340 barrels in wholesale, and 390 barrels in retail, 114 of which were from pint sales in the tasting room. Though our business is growing at a healthy rate, we have not changed significantly in our plan. We still are totally focused on the Kodiak market. We do not have any steady accounts off island, and no plans to distribute off island as the business is significantly more complicated and less profitable. If the litmus test is to "serve the daily needs of the local community and visitors", I believe we fit that description as well as any business in Kodiak. Thank you for your consideration, Ben Millstein Description for attached floor plan: The front part of the building is 50'x90' (4500sq') and will be totally dedicated to retail and tasting room. Approximately 1000sq' will be required for production and fermentation. The rest of the building will be used for support including office, boiler, and primarily storage for grain, glass, beer, and merchandise. 1 I Case No. 12-021 Application Page 4 of 9 5 -re TZ -44‘U -- 01/4 O 0 0 2coO J p t V% Case No. 12-021 Application Page 5 of 9 Public Hearing Item /-A P&Z December 21, 2011 t 1'7 1 7. Public Hearing Item /-A P&Z December 21, 2011 Martin Lydick From: Ben Millstein <bmills@ak.net> Sent: Friday, November 18, 2011 1:54 PM To: Martin Lydick Subject: Re: Emailing: Brewery floor pian0001.jpg Attachments: Floorplan0001.jpg Hi Martin, Attached is my updated floorplan with more information. The building is 50' wide. The front part of the building is 90' long. The first 50' will be dedicated mainly to the tasting room, consisting of benches arranged in small seating areas just like what we have now, as well as a few small counters and standing areas. Within that area there is also an "arctic entry". The back portion of the front area will be a mixture of retail merchandise display and service (1530sq') as well as bathrooms (240sq'), and retail storage (230sq'). Part of that area will be simply used as a "hallway" or corridor for traffic between the back and front halves of the building which is separated by a 3' step in the floor and connected by a ramp that measures 6' x 16'. The back portion of the building measures 60' long by 50' wide giving a total area of 3000sq'. 1000sq' are will be used for production and fermentation. There is an office that is 130sq', a break room that is 280sq', and a boiler and bath (1S0sq'). The remaining 1400sq' will be dry storage of grain, merchandise, and misc. as well as corridors. An outdoor cooler will provide storage for finished beer and will measure 12' wide by perhaps 64' long. This would be 768sq' of cold storage. Please let me know if there's any more information that would help. I would like to invite any staff or commission members to tour my current facility to best understand my future plans. I'd be happy to set up a time to show everyone around at once if they're interested. Thanks, Ben Millstein Kodiak Island Brewing www.kodiakbrewery.com 907*486*ALES (2537) Beer is Art, and the Palate is Yours. On 11/18/2011 10:04 AM, Martin Lydick wrote: > Good morning Ben, > > Here are my comments; > > The narrative submitted addresses the salient points I requested& > receives a passing grade. > The site plan / floor plan is ok as a "concept plan" suitable for > opening discussions. > > From a permitting perspective: It is insufficient in detail to form a 1 Case No. 12-021 Application Page 6 of 9 Public Hearing Item /-A P&Z December 21, 2011 > basis of opinion as it relates to an acceptable parking plan > considering your desire to increase the building area w/ the addition > of cold storage, and a new loading dock. No scale is provided, > dimensions are not provided, and separation distances are absent. > And, this appears to be only a partial schematic, w/ a great number of > the parking spaces simply omitted. > > From a report writer's perspective: > [1] Your Oct 12 request states "Attached is an approximate layout for > the business showing that the relative square footage for manufacture, > retail, storage, etc is still within the discussed proportions in the > similar use determination of 2002." > [2] Your Nov 16 narrative states "Description for attached floor plan: > The front part of the building is 50'x90' (4500sq') and will be > totally dedicated to retail and tasting room. Approximately 1000sq' > will be required for production and fermentation. The rest of the > building will be used for support including office, boiler, and > primarily storage for grain, glass, beer, and merchandise." > > ...Approximate, relative, approximately,...are not terms I will ask > the Commission to rely upon. Show me the calculations, please. > > > > > > > Thank you, > > > Original Message > From: Ben Millstein Jmailto:bmillsPak.netj > Sent: Wednesday, November 16, 2011 3:10 PM > To: Martin Lydick > Subject: Emailing: Brewery floor plan0001.jpg > > Hi Martin, > > Take a look at these and tell me what you think. > > Thanks, > > -- > Ben Millstein > Kodiak Island Brewing > www.kodiakbrewery.com > 907*486*ALES (2537) > Beer is Art, and the Palate is Yours. > > Your message is ready to be sent with the following file or link > attachments: > Brewery floor plan0001.jpg 2 Case No. 12-021 Application Page 7 of 9 Public Hearing Item /-A P&Z December 21, 2011 > > Note: To protect against computer viruses, e-mail programs may prevent > sending or receiving certain types of file attachments. Check your > e-mail security settings to determine how attachments are handled. > 3 Case No. 12-021 Application Page 8 of 9 1 Nubiic Hearing Item /-A P&Z December 21, 2011 dov 51 .114SU- 1 — 1(eon O0O OG 0O0 ()ooOra') fc-----� 5-o P Case No. 12-021 Application Page 9 of 9 November 19, 2011 Mr. Cy Hoen 117 Lower Mill Bay Road Kodiak, AK 99615 Public Hearing Item /-A P&Z December 21, 2011 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 12-021. Request a Similar Use Determination, according to KIBC 17.15.090(A), to allow a small-scale beer brewing operation, a tasting room and general retail space as uses similar in character and impact to other permitted uses in the B -Business Zoning District. Lots 17A and 17B, Block 16 Kodiak Townsite Subdivision. Dear Mr. Hoen: Please be advised that the Kodiak Island Borough Planning and Zoning Commission has scheduled the case referenced above for Public Hearing at their December 21, 2011 regular meeting. This meeting will begin at 6:30 p.m. in the Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska. Attendance at this meeting is not mandatory but recommended. One week prior to the regular meeting, on Wednesday, December 14, 2011 at 6:30 p.m. in the Borough Conference Room (#121), the Commission will hold a packet review work session for the purpose of reviewing packet materials and staff summaries of cases scheduled for the regular meeting. The public is welcome to attend the packet review work session; however, the work session is not for the purpose of receiving public testimony. Applicants who wish to present testimony and/or evidence related to their case should appear at the Public Hearing during the Regular Meeting and present such information in person. Please contact the Community Development Department at 486-9363 if we can answer any outstanding questions or provide additional information. In advance, thank you for your cooperation. Sincerely, iz IZtrna Sheila Smith, Secretary Community Development Department CC: Ben Millstein Case No. 12-021 Public Comment Page 1 of 6 Public Hearing Item /-A P&Z December 21, 2011 KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 (907) 486-9363 November 19, 2011 Public Hearing Item 7-A PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, December 21, 2011. The meeting will begin at 6:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska, before the Kodiak Island Borough Planning and Zoning Commission, to hear comments if any, on the following request: CASE: APPLICANT: AGENT: REQUEST: LOCATION: ZONING: 12-021 Cy Hoen Ben Millstein A Similar Use Determination, according to KIBC 17.15.090(A), to allow a small-scale beer brewing operation, a tasting room and general retail space as uses similar in character and impact to other permitted uses in the B - Business Zoning District. Lots 17A and 17B, Block 16 Kodiak Townsite Subdivision 117 Lower Mill Bay Road B -Business 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, December 6.2011 to be considered by the commission. If you would like to fax your comments to us, our fax number is: (907) 486- 9396 or you may email them to ssmith@kodiakak.us. If you would like to testify via telephone, please call in your comments during the appropriate public hearing section of the meeting. The local call-in telephone number is 486-3231. One week prior to the regular meeting, on Wednesday, December 14, 2011 a work session will be held at 6:30 p.m. in the Kodiak Island Borough Conference Room (#121), to review the packet material for the case. Kodiak Island Borough Code provides you with specific appeal rights if you disagree with the Commission's decision on this request. If you have any questions about the request or your appeal rights, please feel free to call us at 486-9363. Your Name: Mailing Address: Your property description: Comments: Case No. 12-021 Public Comment Page 2 of 6 Public Hearing Item /-A P&Z December 21, 2011 Case No. 12-021 Public Comment Page 3 of 6 Current Location Request a Similar Use Determination, according to KIBC 17.15.090(A), to allow a small-scale beer brewing operation, 117 Lower Mill Bay Rd• a tasting room and general retail space as uses similar in P & Z Case 12-021 character and impact to other permitted uses in the Cy Hoen B -Business Zoning District. Lots 17A and 17B, Block 16, Kodiak Townsite Subdivision. y t01�a ^ 47,,2 �\ X19 v Q. 71 y 6 ,� v 7 4 '\ v 13; J, 510 o, CD 3O' 5.<L^P 4,4 15 b rt,, yah v II' PSP• 9 I-- �o �� a ,,Q►, , 3 a w 14 2 • 0) 7o j 6^1 ' y�P o,� 7V ^ c, °A 70 9 C• °^A r �e rb NN 'IP 74 „6 + �' • ' �„tz `9 - 11 b� •' n't• .'' ;:' F DRIVE EAST ,, '" 4 c5 " � . tl �,LP� z$a • !J� 118 •a ti� �� • ' a <y,^ , O 27F O 14 2^0 �P � PCO t = `�� ,,5 z 0 ‘�1)` 2- V ®�� ® INi 9` ^� 236 a 202 �% �� /FZG� ^ a c5 3 rt, c 'ti 15 204 117 Vb,,z,42-7 ti 12._ L r . LW ';17 h �� ^ .. ° '• Kodiak Island Borough GIS Legend4- - W E t*tr r:+. rM Feet Subject Parcels : / �� . 360 11111111 ( 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 No. 12-021 Public Comment Page 3 of 6 RONALD ACARREGUI PO BOX 8204 KODIAK, AK 99615 AJA KODIAK PROPERTIES, LLC 507 2ND AVE FAIRBANKS, AK 99701 Public Hearing Item /-A P&Z December 21, 2011 STATE OF ALASKA , 00000 ALASKA COMMERCIAL COMPANY HAZEL ARDINGER MARK BLAKESLEE NORTHWEST COMPANY 1710 MILL BAY RD PO BOX 2356 77 MAIN ST KODIAK, AK 99615 KODIAK, AK 99615 WINNIPEG, MANITOBA, CA R3C2R FILOMENO BRAVO 103 CENTER ST KODIAK, AK 99615 MARY CAULFIELD 65174 HIGH RIDGE DR BEND, OR 97701 CECILE COSTELLO 315 THORSHEIM ST KODIAK, AK 99615 DALK, LLC 201 CENTER AVE. KODIAK, AK 99615 ALISHA DRABEK PO BOX 261 KODIAK, AK 99615 TOMMIE ESTEP 314 HIGH ST KODIAK, AK 99615 WILLIAM GAEUMAN PO BOX 8109 KODIAK, AK 99615 KEVIN BRENNICK 610 LOWER MILL BAY RD KODIAK, AK 99615 CHRISTIAN SCIENCE SOCIETY PO BOX 1697 KODIAK, AK 99615 ANDREW CRAWLEY 120 W REZANOF DR KODIAK, AK 99615 JEFFREY DEBELL ETAL 22426 WOODWAY PARK RD WOODWAY, WA 98020 ED VENTURES INC 11900 CANGE ST ANCHORAGE, AK 99516 JOHN FLETCHER PO BOX 927 KODIAK, AK 99615 GARY GILBERT C/0 KAREN HEDGES PO BOX 182571 COLUMBUS, OH 43218 CAROLYN STREET, LLC 2702 DENALI ST, STE. 100 ANCHORAGE, AK 99503 CITY OF KODIAK P.O. BOX 1397 KODIAK, AK 99615 CREDIT UNION 1 1941 ABBOTT RD ANCHORAGE, AK 99507 LUDGER DOCHTERMANN PO BOX 714 KODIAK, AK 99615 ELKS LODGE #1772 P.O. BOX 846 KODIAK, AK 99615 DUANE FREEMAN 1720 SIMEONOFF ST KODIAK, AK 99615 JAMES HAYDEN 206 ALDER LANE KODIAK, AK 99615 CY HOEN ETAL ROLLAND JONES SUNG KIM 117 LOWER MILL BAY RD PO BOX 375 P.O. BOX 769 KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 Case No. 12-021 Public Comment Page 4 of 6 CHARLES KING III PO BOX 1573 KODIAK, AK 99615 KODIAK OIL SALES INC PO BOX 240108 ANCHORAGE, AK 99524 CLARENCE J MCCLAREN 37895 STERLING HWY ANCHOR POINT, AK 99556 MK ENTERPRISES, LLC PO BOX 2338 KODIAK, AK 99615 THOMAS QUASS 146 W. REZANOF DR KODIAK, AK 99615 LELAND ROBBINS PO BOX 1426 KODIAK, AK 99615 MARYA SPRINGHILL NAULT P.O. BOX 922 KODIAK, AK 99615 ARNOLD TWETEN PO BOX 853 KODIAK, AK 99615 YUKON NORTH , LLC 120 W. REZANOF DR KODIAK, AK 99615 KODIAK ISL HSG AUTHORITY 3137 MILL BAY RD KODIAK, AK 99615 KODIAK PLAZA I INC ATTN: JIM DAVIS P O BOX 2042 KODIAK, AK 99615 MCDONALDS REAL ESTATE CO PO BOX 66207 AMF, O'HARE CHICAGO, IL 60666 MARYA NAULT P O BOX 922 KODIAK, AK 99615 RELLA MAE CORPORATION SHELIKOF LODGE ADMIN OFFICE 4128 148TH AVE, NE REDMOND, WA 98052 LOUIS SHOLL PO BOX 681 KODIAK, AK 99615 JOSE H TOSTADO PO BOX 324 KODIAK, AK 99615 ROBERT WILLIAMS PO BOX 8346 KODIAK, AK 99615 Public Hearing Item /-A P&Z December 21, 2011 KODIAK ISLAND BOROUGH 710 MILL BAY RD KODIAK, AK 99615 JAMES KOOB PO BOX 879702 WASILLA, AK 99687 THOMAS MERRIMAN P.O. BOX 1155 KODIAK, AK 99615 STEPHEN O'BRIEN 315 HIGH AVE KODIAK, AK 99615 BART RIPPEY 318 CAROLYN ST KODIAK, AK 99615 GREGORY SPALINGER PO BOX 2635 KODIAK, AK 99615 TRUE WORLD TRAVEL OF AK LLC 119 YUKON ST KODIAK, AK 99615 PAUL YATSIK P.O. BOX 9016 KODIAK, AK 99615 Case No. 12-021 Public Comment Page 5 of 6 Public Hearing Item /-A P&Z December 21, 2011 KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 l ! OV 2011 (907) 486-9363 November 19, 2011 Public Hearipg.A PUBLIC HEARING NOTICE l :. A public hearing will be held on Wednesday, December 21, 2011. The meeting will begin at 6:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska, before the Kodiak Island Borough Planning and Zoning Commission, to hear comments if any, on the following request: CASE: APPLICANT: AGENT: REQUEST: LOCATION: ZONING: 12-021 Cy Hoen Ben Millstein A Similar Use Determination, according to KIBC 17.15.090(A), to allow a small-scale beer brewing operation, a tasting room and general retail space as uses similar in character and impact to other permitted uses in the B - Business Zoning District. Lots 17A and 17B, Block 16 Kodiak Townsite Subdivision 117 Lower Mill Bay Road B -Business 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, December 6, 2011 to be considered by the commission. If you would like to fax your comments to us, our fax number is: (907) 486- 9396 or you may email them to ssmithna kodiakak.us. If you would like to testify via telephone, please call in your comments during the appropriate public hearing section of the meeting. The local call-in telephone number is 486-3231. One week prior to the regular meeting, on Wednesday, December 14, 2011 a work session will be held at 6:30 p.m. in the Kodiak Island Borough Conference Room (#121), to review the packet material for the case. Kodiak Island Borough Code provides you with specific appeal rights if you disagree with the Commission's decision on this request. If you have any questions about the request or your appeal rights, please feel free to call us at 486-9363. f' Your Name: Ai M 4)I J/A7 ill ' 9 Cf Mailing Address: ¥IO /1I i_ _ 64 y Your property description: G—\y 0 r P (AK- / t6- ( 1-(A_6 MO<tt�..21L%7W&i_ l2 i4i (/ IJ&I comments:/K t u,,o C1i� Al wz r ` i -f(5 reC0/6 ' Y CalV 2 n" 1,:,,-,\I commurafotYaDPIAEODEPORIVEIg Case No. 12-021 Public Comment Page 6 of 6 Public Hearing Item 7-A P&Z December 21, 2011 MEMORANDUM DATE: December 9, 2011 TO: Planning and Zoning Commission FROM: Community Development Department SUBJECT: Information for the December 21, 2011 Regular Meeting CASE: 12-021 APPLICANT: Cy Hoen AGENT: Ben Millstein REQUEST: A Similar Use Determination, according to KIBC 17.15.090(A), to allow a small- scale beer brewing operation, a tasting room, and general retail space as uses similar in character and impact to other permitted uses in the B -Business Zoning District. LOCATION: 117 Lower Mill Bay Rd., Kodiak Townsite Block 16 Lots 17A & 17B. ZONING: B — Business Zoning District Fifty-five (55) public hearing notices were mailed on November 19, 2011. One (1) public hearing notice has been returned expressing non -objection. Date of site visit: Various 1. Zoning History: 1965 file correspondence identified this property as mixed use zoning, i.e., Business and Multi -family. The 1968 Comprehensive Plan identified this area as zoned Business. Ordinance 76-23-0 clarified the discrepancy by re -zoning to Business. 2. Lot Size: 7,500 square feet (Lot 17A per plat 65-08) 21,904 square feet (Lot 17B per plat 65-08) 3. Existing Land Use: Retail sporting goods 4. Surrounding Land Use and Zoning: North: Thorsheim Subdivision Lot 18 sub -lot 12A Use: Fast food restaurant Zoning: B — Business Zoning District South: Kodiak Townsite Block 16 Lot 15C (portion of) Use: Hotel Zoning: B — Business Zoning District East: Erskine Subdivision Block 9 Lot 81A Use: Motor vehicle service station Zoning: B — Business Zoning District West: Kodiak Townsite Block 16 Lot 17 (portion of) Use: Vacant Zoning: B — Business Zoning District Case No. 12-021 Staff Rpt Page 1 of 7 5. Comprehensive Plan: 6. Applicable Regulations: Public Hearing Item 7-A P&Z December 21, 2011 The 2008 Kodiak Island Borough Comprehensive Plan Update identifies this general area for Commercial / Business Use. The following sections of Title 17 (Zoning) of the Borough Code are applicable to this request: KIBC 17.15.090 — Similar Uses May Be Permitted A. Land uses other than those specifically permitted or conditionally permitted in a district may be allowed if they are similar to those listed and are found by the commission, after a public hearing, to be similar in character and impact. B. In all cases, the outdoor storage of materials and equipment is prohibited unless it is listed as a permitted or conditional use in a district. 17.215.020 Commencement of appeal — Stay. A. A decision of the commission is final unless an appeal of the decision is made within 10 working days after the decision by the commission to the board of adjustment. 17.225.020 Powers of the board C. Appeals from the decisions of the commission on requests for variances from the terms of the zoning ordinances and from findings as may be required by sections of this title (emphasis added) 17.225.030 Persons who may appeal A written decision of the commission granting or denying approval under the requirements of this title may be appealed by: A. The applicant; or B. Any person who was sent a written notice or submitted timely written comments or gave oral testimony at the public hearing before the commission. Case No. 12-021 Staff Rpt Page 2 of 7 Public Hearing Item 7-A P&Z December 21, 2011 Staff Comments Similar use determinations are permitted at the Commission's discretion under KIBC 17.15.090. The petitioner has requested a similar use determination finding that a small-scale brewery is similar in character and impact to a permitted bakery use. The Kodiak Island Brewing Co., currently located at 332 Shelikof St., received an Administratively Determined Similar Use in September 20021 that found the proposed use as a small scale brewery was similar in character and impact to a permitted bakery use. This decision found that the proposed use was..."more like a bakery or delicatessen that produces a variety of baked goods or comestibles onsite for retail sale, onsite consumption, or local delivery". This report observes that a bakery and a brewery also share many of the same raw products used in their respective manufacturing processes. Although the applicant is currently operating a small-scale brewery, the proposed use must be re- evaluated due to changed circumstances. The changed circumstance is the proposed relocation to a neighborhood of decidedly different character. Title 17 of the Kodiak Island Borough Code of Ordinances does not define "character and impact". Nor does it provide guidance in the form of stated intent. The Commission's discretion necessarily includes a great deal of latitude in interpreting the meaning of "character and impact", and, in the application of guidance found elsewhere in the Code of Ordinances generally, and Title 17 specifically. KIBC 1.10.010 Grammatical interpretation, provides "Words and phrases shall be construed according to the rules of grammar and according to the common and approved usage. Technical words and phrases, and those which have acquired a peculiar and appropriate meaning whether by legislative definition or otherwise, shall be construed according to the peculiar and appropriate meaning." The department has previously determined this passage to mean that in the case where our local zoning ordinance is silent with respect to a term or clause peculiar to Title 17, the appropriate action is to reference technical works in the field of community planning. Historically, the department has relied upon the The Latest Illustrated Book of Development Definitions2, as the principal reference. As defined in The Latest Illustrated Book of Development Definitions character is "Special physical characteristics of a structure or area that set it apart from its surroundings and contribute to its interest and/or individuality". The same source provides a definition of "impact analysis" as "A study to determine the potential direct or indirect effects of a proposed development on activities, utilities, stormwater runoff, circulation, surrounding land uses, community facilities, environment, and other factors. 1 In September, 2002, the Kodiak Island Brewery received a similar use determination fashioned and issued under the auspices of former Chapter 17.03.090 A. This chapter allowed for the issuance of Administratively Determined Similar Uses. This avenue is no longer available for the discretionary use of the department director. See Appendix pages 1 thru 4. 2 Moskowitz and Lindbloom, The State Univ. of New Jersey, Center for Urban Policy Research, 2004. Case No. 12-021 Staff Rpt Page 3 of 7 Public Hearing Item 7-A P&Z December 21, 2011 As noted, the changed circumstance is the proposed relocation of the small scale brewery to a neighborhood with decidedly different character. Both sites share the B — Business Zoning District classification. But the neighborhoods are dissimilar. The current location is in a mixed use neighborhood, industrial/business, with a somewhat gritty industrial feel and a congested street environment. The proposed new location is in a centrally located business district currently undergoing a degree of renaissance with redevelopment, easily navigated traffic ways, and a high presence of pedestrian traffic. This site also boasts exceptional off-street parking capacity. No adverse impacts are expected as a result of this proposed relocation. The predominate uses of the building space have previously been found to be permitted uses in the zoning district, i.e., retail, storage, mechanical, and office. The similar use determination currently controlling the applicant's small-scale brewery enterprise laid the foundation upon which this report and analysis is modeled. The most salient passages in the written determination include: "...the real issue in this case is the fact that the brewery is in essence producing a beverage onsite, and beverage manufacturing is clearly designated a permitted principal use in the (- Industrial zoning district." "...the retail, mechanical, and storage use components of the proposed venture are permitted activities in the B -Business zoning district,..." "For the purpose of this determination, staff finds that the most significant factors relating to the scale of the brewing operation are the square footage devoted to production and fermentation, and the amount of beer to be distributed on a wholesale basis." The administratively determined measures defining the brewery as small-scale were the ratio of floor area devoted to fermentation and production, i.e., less than 50%, and the expansion of the brewer's wholesale market beyond the Kodiak locality. The applicant has enjoyed a degree of success in their start-up venture. The enterprise is maturing and evolving. Our analysis of the enterprise must also mature and evolve in order to keep pace. The measure of the market area, local vs. export oriented, still retains its relevancy. However, the application of a simple floor area ratio devoted to fermentation and production is inappropriate going forward. It may easily be imagined that a "small scale brewer" might one day occupy a vacant big -box retail space of many thousands of square feet. In that circumstance, it would be easy to retain the floor area ratio while at the same time exponentially increasing the production. There are many literary sources available that describe breweries and the space they occupy in our society3. However, after looking at more than one source, it quickly becomes apparent that any categorization of scale, as described by production volume alone, is nebulous. For the purpose of this report general categories of scale, Targe to tiny, are industrial, craft brewery, micro -brewery, brew pub (the restaurant that brews beer on premises), and the nanobrewery. 3 An introductory article on this subject is included with this report and may be found in the Appendix, pages 5 thru 11. Case No. 12-021 Staff Rpt Page 4 of 7 Public Hearing Item 7-A P&Z December 21, 2011 "Scale" is a relative concept — entirely dependent upon frame of reference. A manned mission to the moon is a small scale adventure in comparison to the endeavor of sending a manned mission to Mars. Small scale is defined in a multitude of ways, and invariably omits discreet data points as reference markers, e.g., "having a modest scope or extent", "small in scope; especially : small in output or operation". Large scale industrial breweries produce tens of millions of barrels per year. Craft breweries are typically associated with an annual production of 6 million barrels per year. Microbreweries are generally classified as breweries with an annual production of 15,000 barrels, or less. Nanobreweries have a production of 4 barrels. Because there is no firmly agreed upon production standard defining a category within the brewery industry, a review of business models may be more helpful in gaining a sense of scale. The typical industrial scale brewery is organized so as to be dependent upon the traditional three-tier system. This is a model that applies to many modern industrial activities. The model relies upon a producer of the product, a distributor that disperses the product to market regions, and the retailer that sells the product to the end user, i.e., retail consumer. This model also applies to particularly successful craft and microbreweries. At the other end of the spectrum, the brewery industry relies upon a model that this report refers to as a "proprietary style". Economic literature may identify this model as a vertically integrated enterprise, but that implies a heavy bias towards a rigid capitalism that demotes the importance and connection of the individual to the endeavor. This end of the spectrum is typified by localized production, restricted onsite consumption, retail carryout, and wholesale distribution in a limited geographical market. This model clearly defines the operation of the applicant in this case. This report and analysis set out to improve upon the measures of scale used in the previous similar use determination. The previous determination found that the intent of small scale "was to ensure that the primary function of these small scale ventures is to serve the daily needs of the local community, and visitors to the community, with fresh local products." A blended approach was used in order to measure scale. A combination of floor area ratio and market geography set the boundaries of acceptable scale. Through October of this year, the applicant has brewed a total of 730 barrels of beer. Annual production may be projected to be 877 barrels. The sales ratios translate to 47% wholesale, 38% retail carryout, and 15% onsite consumption4. If we accept general production guidelines, the applicant's brewery, currently producing less than 1,000 barrels of annual production, is decidedly on the extreme low end of the microbrewery classification. With an annual production volume less than 7% of the microbrewery classification, a market area that remains geographically limited, and an indisputably fresh product, it is safe to make the subjective assumption that the applicant's brewery remains small scale in nature 4 Since the passage of state legislation in 2007 allowing for onsite consumption sales (limited to two pints per patron per day), this category of sales has been the fastest growing segment of the applicant's business. Case No. 12-021 Staff Rpt Page 5 of 7 Public Hearing Item 7-A P&Z December 21, 2011 More clearly defined boundaries are needed in order provide the applicant with assurances that his capital investment may be recouped given an acceptable margin for growth, and to protect the public from what otherwise might evolve into a full blown industrial activity operating in an unacceptable location. As noted above, this report and analysis set out to improve upon the measures of scale used in the previous determination. Improving the measures of scale should focus on the adoption of objective benchmarks. According to the Statistical Abstract of the United States 20125, annual per capita consumption of malted beverages in the United States is approximately 80 liters. Multiplying this figure by the population of the Kodiak Island Borough (13,592) we arrive at a figure of 9,061 barrels of potential local consumption — assuming we are just average. It seems clear that this level of production, restricted to the local community, and without an export component, would be industrial in scale. Staff suggests that an appropriate break point be established at 20% of the annual production of the microbrewery classification. This would allow an annual production of 3,000 barrels, three times the current production. Removing any reference to ratio, i.e., wholesale keg trade vs. retail carry -out vs. onsite consumption, allows the brewer to respond to shifts in the market's sentiments without worrying about quota limits for any particular category of sales. The previous determination found that an appropriate break point between small scale and large scale existed at the point where wholesale keg sales extended beyond the local Kodiak Island Borough community (export sales). This should be replaced in favor of a percentage of sales point. By setting a break point at 20% of allowable production, we enable the brewer to pursue off -island markets, supporting the growth of a local business enterprise and encouraging continued investments. 5 U.S Census Bureau, Statistical Abstract of the United States, 2012, 1315` Edition, Washington, D.C., 2011. Case No. 12-021 Staff Rpt Page 6 of 7 Public Hearing Item 7-A P&Z December 21, 2011 RECOMMENDATION Staff recommends that a small scale brewery be found similar in both character and impact to a permitted bakery use in the B — Business Zoning District. APPROPRIATE MOTION Should the Commission agree with staff's recommendation, the appropriate motion is: Move to grant a Similar Use Determination, according to KIBC 17.15.090(A), to allow a small-scale beer brewing operation, a tasting room, and general retail space as uses similar in character and impact to other permitted uses in the B -Business Zoning District, and to adopt findings of fact in the staff report dated December 9, 2011, as Findings of Fact for Case No. 12-021. Findings of Fact Findings of fact in support of this decision are: 1. This similar use determination is based upon the information submitted by the applicant, and review of the applicable zoning requirements and land use characteristics. 2. The proposed small scale brewery is determined to be similar in character and impact to a permitted bakery use on the basis of land use and zoning criteria. 3. A small scale brewery is defined as one that has an annual production of 3,000 barrels or less, and utilizes no more than 600 barrels for off -island sale. Case No. 12-021 Staff Rpt Page 7 of 7 Public Hearing Item /-A P&Z December 21, 2011 Kodiak Island Borough Community Development Department 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486-9363 Fax (907) 486-9396 www.kib.co.kodiak.ak.us Date: September 26, 2002 To: Administrative Opinion File Copy: Lots 19-22, Block 3, New Kodia Subdivision From: Duane Dvorak, Director Re: A Similar Use Determination, per KIBC 17.03.090.A, allowing small scale beer brewing as a use similar to certain permitted uses in the B -Business zone and which is similar to certain permitted uses in the B -Business zone in terms of character and impact. Background This determination is made in accordance with KIBC 17.03.090.A and is intended to address the use of B -Business zoned land for the purposes of small scale beer brewing as a use similar to certain permitted uses in the B -Business zone. The applicants, Leland P. James, property owner and Ben Millstein, lessee, propose to establish a small scale brewery within a 1,500 square foot area located within the commercial structure on Lots 19 — 22, Block 3, New Kodiak Townsite. Of the proposed 1,500 square foot leasehold interest. 150 to 300 square feet will be used as needed for retail and office use. The retail use will include direct retail beer sales to the public in "growlers" as well as the sale of beer related items and clothing. (A "growler" is a 1/2 gallon container of beer roughly equivalent to a "six- pack" in volume of product.) A boiler (mechanical) room and mill (storage) room would account for about 200 square feet and a walk-in cooler would account for about 250 square feet. The remaining 750 square feet would be used for production and fermentation. At some point in the future, a brewpub may be added as part of the overall operation. A pub would be a permitted use in the B -Business zoning district, subject to the provision of adequate off-street parking and meeting all other zoning, building and sanitation requirements. The proposed small-scale brewery will involve a combination of onsite retail sales, as well as delivery of wholesale keg deliveries to select local eating and drinking establishments in the Kodiak community. The keg deliveries are expected to be suitable for handling with a typical light truck (pickup truck) or van. Case No. 12-021 Appendix Page 1 of 11 Public Hearing Item /-A P&Z December 21, 2011 Similar Use Determination Small Scale Beer Brewery Page 2 of 4 Analysis The proposed brewery use is similar to a brewpub use, which would be a permitted principal use if it involved the provision of an eating and drinking establishment in addition to the retail sales component. The lessee has submitted that the small-scale brewery use is similar to a machine shop, in some regards. While this may be, staff is inclined to view the small scale brewery use more like a bakery or delicatessen that produces a variety of baked goods or comestibles onsite for retail sale, onsite consumption, or local delivery. In addition, the occasional delivery of kegs of beer within the local community, to licensed eating and drinking establishments, is very similar to the auto parts business that shares the same building with this proposed use. The NAPA Auto Parts Store provides a wholesale delivery service to local auto repair garages in the Kodiak community. Because this wholesale distribution use is not the sole purpose of the NAPA store, and because the NAPA store has a significant retail component, it is a permitted principal use. Staff believes that the real issue in this case is the fact that the brewery is in essence producing a beverage onsite and beverage manufacturing is clearly designated a permitted principal use m the in the I -Industrial zone. While staff interprets this reference to indicate large-scale beverage manufacturing, which may also include substantial distribution and/or packaging activities, there is nothing in the code that makes this distinction. Therefore, as part of this analysis, staff will determine what constitutes small scale brewing and will establish certain stipulations that, when they are met, will serve as the test in subsequent determinations of small scale beverage manufacture of whatever sort. For the purpose of this determination, staff finds that the most significant factors relating to the scale of the brewing operation are the square footage devoted to production and fermentation and the amount of beer to be distributed on a wholesale basis. In this regard, the retail, mechanical and storage use components of the proposed venture are permitted activities in the B -Business zone, as long as the leasehold area for these activities is equal to or greater than the area devoted to beer production and fermentation. In this way, it remains clear that the small-scale beer brewing use is subsidiary to the typical retail/office use that is allowed in the B -Business zone. In addition, the occasional delivery of keg quantity beer on a wholesale basis, is similar to any other retail business that delivers products to other businesses be it office supplies, auto parts, groceries or catered meals. The defining quality of this delivery service, however, is the service area, which in this case shall be limited by stipulation to the local community within the Kodiak Island Borough boundary. At such time as the beer brewing use grows beyond the point that it's product can be reasonably consumed in the local community, and it wishes to export product outside of the local community, it will be time to relocate the use to an I -Industrial zoned parcel of land. As the small scale beer brewing use is determined to be similar to a bakery, retail auto parts sales or delicatessen use, and because the use will be subject all other zoning, building and sanitation standards applicable in the B -Business zone, the character and impact of the small scale brewery is expected to be similar to those other permitted uses as well. Case No. 12-021 Appendix Page 2 of 11 Public Hearing Item /-A P&Z December 21, 2011 Similar Use Determination Small Scale Beer Brewery Page 3 of 4 Determination Based on the preceding analysis, the Kodiak Island Borough Community Development Department hereby determines that small scale beer brewing is a use similar to other retail uses such as a bakery, auto parts store or delicatessen, subject to the following stipulations: 1. The floor area of a small scale beer brewery that is devoted to production and fermentation shall not exceed 50 % of the total leaseable floor area devoted to the overall brewery use, such that the office/retail use is the principal use of the site and the remainder of the floor area is devoted to typical support functions such as mechanical and storage use. 2. The principal use of the site shall be in support of retail beer sales and the sales of related items, such that the outside delivery of wholesale product is limited to occasional deliveries of keg beer to licensed alcohol serving premises within the local Kodiak Island Borough community. 3. All other zoning, building and sanitation requirements for the use must be met, such as parking, mechanical installations, ADEC sanitation requirements, etc., as may be applicable to beer brewing. Findings 1. This determination is made in substantial reliance upon the submittals of the landowner Leland P. James and lessee Ben Millstein, for Lots 19 - 22, Block 3, New Kodiak Subdivision, which are on file for this case. 2. The primary use of the property is indicated by the amount of floor area devoted to the constituent uses making up the small-scale beer brewery. The production of beer is limited to no more than 50% of the total floor area devoted to the overall brewery use. The wholesale distribution of product shall remain an incidental part of that business, subject to the stipulations provided, in order to ensure that the primary use remains retail/office as the principal component of the small-scale brewery. Large scale beer brewing will be indicated at any time the floor area required for production exceeds 50% of the overall leasehold interest devoted to the use and will be indicated if the service/delivery area for wholesale keg product extends outside of the local Kodiak Island Borough community. 3. The Kodiak Island Borough Code provides a range of land use zoning districts to provide for the everyday needs of the borough community. The B -Business district has been determined to be appropriate for other small scale industrial uses, such as seafood processing, when similar limitations and floor area ratios have been applied to the use to ensure that the use remains principally retail in nature. The intent of these other decisions is to ensure that the primary function of these small scale Case No. 12-021 Appendix Page 3 of 11 Public Hearing Item /-A P&Z December 21, 2011 Similar Use Determination Small Scale Beer Brewery Page 4 of 4 ventures is to serve the daily needs of the local community and visitors to the community with fresh local products. Large scale industrial uses are intended to mass produce products for wholesale export of value added products and finished goods. Large-scale industrial production is distinguished by the fact that it is primarily oriented to markets outside of the local community. 4. The combination of stipulations and the applicable zoning, building and sanitation standards will ensure that the character and impact of the proposed small-scale beer brewery will be similar to a small scale bakery, auto parts store or delicatessen. Appeal Rights This administrative similar use determination may be appealed, in accordance with the provisions of KIBC 17.75.030.B, which provides an avenue of appeal directly to superior court. This procedure is open to any aggrieved party and is consistent with the applicable provisions of AS Title 29 and other applicable state statutes regarding administrative procedures. The Alaska Statutes generally maintain that a right of appeal must exist for any administrative government decision, either to a commission, board of adjustment or the court system. Case No. 12-021 Appendix Page 4 of 11 Microbrewery From Wikipedia, the free encyclopedia (Redirected from Brew pub) A microbrewery or craft brewer is a brewery which produces a limited amount of beer, and is associated by consumers with innovation and uniqueness.111 In the UK, the term has become synonymous with small scale breweries operating under the UK Progressive Beer Duty threshold of 5,000 hls. The most common products are traditional bitter ales, generally known as "Real Ale" or "Cask Ale". Breweries are often described by their production capacity or brew length, mostly ranging from 2 to 20 bbls (a brewer's barrel or bbl is 36 imperial gallons). In the US the American Brewers Association defines a American "craft brewery" as "small, independent and traditional", and gives a production size of less than 6,000,000 US beer barrels (700,000,000 L) a year,121 further grouping them as microbrewery: annual production less than 15,000 US beer barrels (1,800,000 L); A "brewpub" brews and sells beer on the premises. A brewpub may also be known as a microbrewery if production has a significant distribution beyond the premises - the American Brewers Association use a fixed 75% of production to determine if a company is a microbrewery.131; regional craft brewery: at least 50% of its volume is all malt beers.141 A regional brewery has annual production between 15,000 US beer barrels (1,800,000 L) and 2,000,000 US beer barrels (230,000,000 L) per year. In order to be classified as a "regional craft brewery" by the brewers association, a brewery must possess "either an all -malt flagship or [have] at least 50% of its volume in either all -malt beers or in beers which use adjuncts to enhance rather than lighten flavor."131 Of the 1,759 breweries in America, only 43 are not defined as craft brewers, and 100 not defined as either a micro or brewpub.151 Public Hearing Item /-A P&Z December 21, 2011 Beer barrels outside the Castle Rock microbrewery in Nottingham, England. Contents • 1 Origins and philosophy • 2 Microbreweries in the United States • 3 Microbreweries in other countries • 4 Brewpub • 4.1 Britain • 4.2 America • 4.3 France • 4.4 Canada • 4.5 Germany ■ 5 Craft brewer • 5.1 Nanobrewery • 6 See also ■ 7 References Case No. 12-021 Appendix Page 5 of 11 • 8 External links Origins and philosophy The term originated in the United Kingdom in the late 1970s to describe the new generation of small breweries which focused on producing traditional cask ale. The first successful example of this approach was Litchborough Brewery founded by Bill Urquhart in 1975 in the Northamptonshire village of the same name. Urquhart had been the final head brewer at the large Phipps Northampton brewery when it was closed by owners Watney Mann 1974 to make way for Carlsberg Group's new UK lager brewery on the site. Alongside commercial beer brewing, training courses and apprenticeships were offered. Many of the movement's early pioneers passed through Litchborough's courses prior to setting up their own breweries.16l Although originally "microbrewery" was used in relation to the size of breweries, it gradually came to reflect an alternative attitude and approach to brewing flexibility, adaptability, experimentation and customer service. The term and trend spread to the United States in the 1980s where it eventually was used as a designation of breweries that produce fewer than 15,000 US beer barrels (1,800,000 L) annually.l7l Micro or craft breweries have adopted a different marketing strategy than large, mass-market breweries, offering products that compete on the basis of quality and diversity, instead of low price and advertising. Their influence has been much greater than their market share (which amounts to only 2% in the UK),181 indicated by the fact that large commercial breweries have introduced new brands intended to compete in the same market as microbrewery. When this strategy failed, they invested in microbreweries; or in many cases bought them outright. Public Hearing Item /-A P&Z December 21, 2011 The father of British micro brewing, Bill Urquhart at Litchborough Brewery Microbreweries in the United States In the early twentieth century, Prohibition drove many breweries in the US into bankruptcy because they could not all rely on selling near beer, nor "sacramental wine" as wineries of that era did. After several decades of consolidation of breweries, most American commercial beer was produced by a few very large corporations, resulting in a very uniform, mild -tasting lager, of which Budweiser and Miller are well-known examples. Consequently, some beer drinkers craving variety turned to homebrewing and eventually a few started doing so on a QAUT Mf WtItttf MEJO v Ptont • s. .. Microbreweries, regional breweries, and brew pubs per capita.191 Case No. 12-021 Appendix Page 6 of 11 Public Hearing Item /-A P&Z December 21, 2011 slightly larger scale. For inspiration, they turned to Britain, Germany, and Belgium, where a centuries- old tradition of artisan beer and cask ale production had never died out.1101 The popularity of these products was such that the trend quickly spread, and hundreds of small breweries sprang up, often attached to a bar (known as a "brewpub") where the product could be sold directly. As microbrews proliferated, some became more than microbrews, necessitating the definition of the broader category of craft beer - high quality beer. The largest American craft brewery is the Boston Beer Company, makers of Samuel Adams.1111 Portland, Oregon is very well known for its microbrew proliferation. In 2008, Portland had 30 microbreweries located within the city limits, more than any city in the world and greater than one-third of the state total. Many of Portland's 46 microbrew outlets have won nationwide and international acclaim. American microbreweries typically distribute through a wholesaler in a traditional three-tier system, others act as their own distributor (wholesaler) and sell to retailers and/or directly to the consumer through a tap room, attached restaurant, or off premise sales. Because alcohol control is left up to the states, there are many state -to -state differences in the laws. The Association of Brewers reports that as of July 31, 2009 there were a total 1,482 craft breweries (962 Brewpubs, 456 Microbreweries, and 64 Regional Craft Breweries) in the United States.r121(131 Microbreweries in other countries Microbreweries are gradually appearing in other countries (such as New Zealand and Australia) where a similar market concentration exists. For example, microbreweries are flourishing in Canada, mostly on the West Coast, in Quebec and Ontario, which has a large domestic market dominated by a few large companies. Many of Ontario's microbreweries have joined together to form the Ontario Craft Brewers association. Britain also has a large number of small commercial breweries making cask ale, the smallest of which are known as microbreweries and can be found in spaces as restricted as a single domestic garage. There is less of a divide between these and the giant companies, however, as breweries of all sizes exist to fill the gap. In Japan, microbrews are known as Ji BYru (T 1 " —IV), or "local beer." In 1994, Japan's strict tax laws were relaxed allowing smaller breweries producing 60,000 litres (13,000 imp gal; 16,000 US gal) per year. Before this change, breweries could not get a license without producing at least 2,000,000 Litres (440,000 imp gal; 530,000 US gal) per year. As a result, a number of smaller breweries have been established throughout the country. In Germany, there were 901 small breweries in 2010. The Federal Statistical Office defines a small brewery as a brewery with a production of less than 5.000 hectolitres beer p.a. Small breweries pay a reduced beer tax. The total market share of the small breweries is less than I% [141. 638 of them have a production even less than 1.000 hl p.a. and can be considered as microbreweries in a narrow sense. The figures apply to commercial breweries only and do not include hobby brewing. About one third of the small breweries have tradition going back up to 500 years, most of them in Franconia. About two thirds were founded in the last 25 years. The vast majority of small breweries operate in combination with a brewpub. Brewpub ,:14iC)r-1. /ink K,4 l n TRADITIONAL ALES Case No. 12-021 Appendix Page 7 of 11 A brewpub is a pub or restaurant that brews beer on the premises. Some brewpubs, such as those in Germany, have been brewing traditionally on the premises for hundreds of years. Others, such as the Les 3 Brasseurs chain in France,1151 and the various chains in North America, are modern restaurants. Britain Main articles: Beer in England, Beer in Wales, Beer in Scotland, and Beer in Ireland Before the development of large commercial breweries in Britain, beer would have been brewed on the premises from which it was sold. Alewives would put out a sign — a hop pole or ale -wand — to show when their beer was ready. The medieval authorities were more interested in ensuring adequate quality and strength of the beer than discouraging drinking. Gradually men became involved in brewing and organised themselves into guilds such as the Brewers Guild in London of 1342 and the Edinburgh Society of Brewers in 1598; as brewing became more organised and reliable many inns and taverns ceased brewing for themselves and bought beer from these early commercial breweries.l161 Public Hearing Item /-A P&Z December 21, 2011 Welsh Dragon motif of Felinfoel Village Micro -Brewery canned beer pioneers However, there were some brewpubs which continued to brew their own beer, such as the Blue Anchor in Helston, Cornwall, England, which was established m 1400 and is regarded as the oldest brewpub in Britain.11711181 In Britain during the 20th century, most of the traditional pubs which brewed their own beer in the brewhouse round the back of the pub, were bought out by larger breweries and ceased brewing on the premises. By the mid-1970s, only four remained: All Nations, The Old Swan, the Three Tuns and the Blue Anchor.1191 The trend toward larger brewing companies started to change during the 1970s when the popularity of the Campaign for Real Ale (CAMRA)'s campaign for traditional brewing methods, and the success of Michael Jackson's World Guide to Beer, encouraged brewers in the UK such as Peter Austin to form their own small breweries or brewpubs. In 1979, a chain of UK brewpubs, known as the "Firkin" pubs, started.l201, running to over one hundred at peak. However, that chain was sold and eventually its pubs ceased brewing their own beer. The resulting decline in brewpubs was something of a boon to other forms of microbrewing, as it led to an availability of trained craft brewers and brewing equipment. British brewpubs are not required to double up as restaurants, as is the case under some legislatures. Some specialise m ale, whilst others brew continental lagers and wheatbeers. Current examples small independent brewpubs such as The Ministry of Ale, Burnley, The Masons Arms in Headington, Oxford, The Brunswick Inn, Derby, The Watermill pub, Ings, Cumbria and The Old Cannon Brewery, Bury St Edmunds. America Main article: Beer in the United States Case No. 12-021 Appendix Page 8 of 11 Public Hearing Item /-A P&Z December 21, 2011 Interest spread to America, and in 1982, Grant's Brewery Pub in Yakima, Washington was opened, reviving the American "brewery taverns" of well-known early Americans as William Penn, Samuel Adams and Patrick Henry. Growth was initially slow — the fifth American brewpub opened in 1986,1211 but the growth since then has been considerable: the Association of Brewers reports that in 2006 there were 1,389 regional craft breweries, microbreweries and brewpubs in the United States.1131 France Main article: Beer in France In France, a chain of American style brewpubs operate under the name Les 3 Brasseurs.1151 There is also a chain of about 7 brewpubs called Frog and Rosbif, which blend British and French traditions. ('Frog' is the English nickname for the French, and 'Rosbif or roast beef the French nickname for the English)1221. The pubs are decorated in a broadly British style, and serve a selection of ales, stouts and wheat beer. Canada Main article: Beer in Canada In Canada, changes in outdated liquor control laws finally allowed "Spinnakers" to open in Victoria, British Columbia in 1984. Legislative changes followed in other provinces and brewpubs quickly sprouted up across the country in the 1980s and 1990s. Germany Main article: Beer in Germany Whereas in other countries, microbreweries and brewpubs have risen in reaction to the mass production and marketing of beer, in Germany, the traditional brewpub or Brauhaus remains a major source of beer. Craft brewer Craft brewer is a term coined by the American Brewers Association; it gives a defmition of "small, independent and traditional", with small defined as an "annual production of 6 million barrels of beer or less", and beer produced by a craft brewer being termed "craft beer".1231 The Brewers Association further groups craft brewers as microbrewery: annual production less than 15,000 US beer barrels (1,800,000 L); brewpub: sells 25% or more of its beer on site; regional craft brewery: at least 50% of its volume is all malt beers.141 Of the 1,759 breweries in America, only 43 are not defined as craft brewers, and 100 not defined as either a micro or brewpub.Js1 Nanobrewery A nanobrewery is type of very small brewery operation, often culturally defined by a less than 4 US beer barrels (470 L) brew system. They are acknowledged by the Alcohol and Tobacco Tax and Trade Bureau (TTB), and are fully licensed and regulated breweries. Nanobreweries are often on task to grow into microbreweries or brewpubs. There are quite a few breweries and brewpubs that could have been described at one point in their history as nanobreweries; had the term been invented. One example is Case No. 12-021 Appendix Page 9 of 11 Public Hearing Item /-A P&Z December 21, 2011 Dogfish Head, from Milton, Delaware. Sam Calagione started the company as a brewpub on a 10 -US - gallon (38 L) Sabco brew system in 1995. As of 2010, it produced 75,000 US beer barrels (8,800,000 L) annually. A list of nanobreweries is kept current by Hess Brewing Co., a nanobrewery from San Diego, California. As of July 2011, it lists 107 nanobreweries in the United States alone with 61 currently operating, and 46 in planning.1241 See also • Regional brewery • Microdistilling ■ Third Wave Coffee • Pub References 1. ^ Alison Boteler (2009). The Gourmet's Guide to Cooking with Beer (http://books.google.com/books?id=- CFM8cPwMk4C&pg=PA15) . Quarry Books. p. 15. ISBN 9781592534869. http://books.google.com/books? id=CFM8cPwMk4C&pg=PA15. Retrieved 21 July 2011. 2. ^ "CraftBeer.com 1 Craft Brewers are Small, Independent, Traditional" (http://www.craftbeer.com/pages/beerology/small-independent-traditional) . www.craftbeer.com. http://www.craftbeer.com/pages/beerology/small-independent-traditional. Retrieved 2010-07-15. 3. ^ ° b Market Segments (http://www.brewersassociation.org/pages/business-tools/craft-brewing- statistics/market-segments) 4. ^ ° b "Brewers Association 'Market Segments" (http://www.brewersassociation.org/pages/business- tools/craft-brewing-statistics/market-segments) . brewersassociation.org. 2011 [last update]. http://www.brewersassociation.org/pages/business-tools/craft-brewing-statistics/market-segments. Retrieved 21 July 2011. 5. ^ ° b "Brewers Association 1 Number of Breweries" (http://www.brewersassociation.org/pages/business- tools/craft-brewing-statistics/number-of-breweries) . brewersassociation.org. 2011 [last update]. http://www.brewersassociation.org/pages/business-tools/craft-brewing-statistics/number-of-breweries. Retrieved 21 July 2011. 6. ^ "Brewed In Northants" by Mike Brown with Brian Willmott. Brewery History Society (2010) ISBN 1 873966 03 2 7. ^ Welcome to the Brewers Association (http://www.brewersassociation.org/) 8. ^ http://news.bbc.co.uk/I/hi/uk/1681002.stm BBC 9. ^ Craft Brewing Industry Statistics (http://www.brewersassociation.org/pages/business-tools/craft-brewing- statistics/breweries-per-capita) 10. ^ Stack, Martin H. (July 2003). "A Concise History of America's Brewing Industry" (http://eh.net/encyclopedia/article/stack.brewing.industry.history.us) . Economic History (EH.net) Encyclopedia. http://eh.net/encyclopedia/article/stack.brewing.industry.history.us. 11. ^ "Beer Madness: 32 beers compete for the top seat (washingtonpost.com)" (http://www.washingtonpost.com/wp-srv/artsandliving/source/features/2007/beer- madness/index.html?hpid=features1) . The Washington Post. http://www.washingtonpost.com/wp- srv/artsandliving/source/features/2007/beer-madness/index.html?hpid=features l . 12. ^ http://www.brewersassociation.org/pages/business-tools/craft-brewing-statistics/number-of-breweries 13. ^ ° b Beertown-Brewers Association (http://www.beertown.org/education/stats.html) 14. ^ [1] (http://www.destatis.de/jetspeed/portal/cros/Sites/destatis/Internet/DE/Content/Publikationen/Fachveroeffentl: Destatis Fachserie 14 Reihe 9.2.2. Case No. 12-021 Appendix Page 10 of 11 Public Hearing Item /-A P&Z December 21, 2011 15. ^ a b 3 BRASSEURS (http://www.les3brasseurs.com/) 16. ^ [ Martyn Cornell Beer: the Story of the Pint] 17. ^ Blue Anchor (http://www.spingoales.com/) 18. ^ Blue Anchor (http://www.quaffale.org.uk/php/brewery/529) 19. " Neil Hanson (ed), Good Beer Guide 1985, CAMRA, 1984. ISBN 0-9509584-0-9. 20. " Firkin Brewery (http://www.quaffale.org.uk/breweries/firkin.html) 21. " Triple Rock — About our Pub (http://www.triplerock.com/pub.html) 22. " Frog Pubs (http://www.frogpubs.comf) 23. ^ Craft Brewer Defined (http://www.brewersassociation.org/pages/business-tools/craft-brewing- statistics/craft-brewer-defined) 24. ^ The Hess Brewing Odyssey (http://hessbrewing.blogspot.com/2009/11/nanobreweries-in-usa.html) External links • Brewpubs (http://www.dmoz.org/Recreation/Food/Drink/BeerBrewers/Brewpubs//) at the Open Directory Project Retrieved from "http://en.wikipedia.org/w/index.php?title=Microbrewery&oldid=458823582#Brewpub" Categories: Microbreweries • This page was last modified on 3 November 2011 at 15:55. • Text is available under the Creative Commons Attribution-ShareAlike License; additional terms may apply. See Terms of use for details. Wikipedia® is a registered trademark of the Wikimedia Foundation, Inc., a non-profit organization. Case No. 12-021 Appendix Page 11 of 11 KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPART 710 Mill Bay Road, Kodiak, Alaska 99615 (907) 486-9363 November 19, 2011 Pu ENT 4. Ay NOV 201 c.Hean gfl f -T -AA PUBLIC HEARING NOTICE % til \e.a A public hearing will be held on Wednesday, December 21, 2011. The meeting will begins �`6:; in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska, before the Kodiak Borough Planning and Zoning Commission, to hear comments if any, on the following request: CASE: APPLICANT: AGENT: REQUEST: LOCATION: ZONING: 12-021 Cy Hoen Ben Millstein A Similar Use Determination, according to KJBC 17.15.090(A), to allow a small-scale beer brewing operatioh, a tasting room and general retail space as uses similar in character andimpactto other permitted uses in the B - Business Zoning District. Lots 17A and 17B, Block 16 Kodiak Townsite Subdivision 117 Lower Mill Bay Road B -Business 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, December 6, 2011 to be considered by the commission. If you would like to fax your comments to us, our fax number is: (907) 486- 9396 or you may email them to ssmitb6ikodiakak.us. If you would like to testify via telephone, please call in your comments during the appropriate public hearing section of the meeting. The local call-in telephone number is 486-3231. One week prior to the regular meeting, on Wednesday, December 14, 2011 a work session will be held at 6:30 p.m. in the Kodiak Island Borough Conference Room (#121), to review the packet material for the case. Kodiak Island Borough Code provides you with specific appeal rights if you disagree with the Commission's decision on this request. If you have any questions about the request or your appeal rights, please feel free to call us at 486-9363. 1 2 r ? �f 1 ILL- Y�fT t r Your Name: Ai iVI 66 iith 1.. %o 0 Kf Mailing Address: 7 to /4 +-� 4 �t 7 [l t` YI L� 1i1"1� Your propertydf �c/ripnon: /n•��'t-��(��/ `© �J�� Comments: ,I 'H'5 -lel City / 4r h AJ® n P�zl &Oio� J _ b G y Awn s iRafic- • r 28 7011 my a Current Location Request a Similar Use Determination, according to KIBC 117 Lower Mill Ba Rd. 17.15.O9O(A), to allow a small-scale beer brewing operation, Y a tasting room and general retail space as uses similar in P & Z Case 12-021 character and impact to other permitted uses in the Cy Hoen B -Business Zoning District. Lots 17A and 175, Block 16, Kodiak Townsite Subdivision. 'y Pry ry "Ca ry Pia• + ryo0 rr a S 5.2 + gyp^ lou Y�eY°rpo lol°s ti* 14 ..' OJ 41,a 00 poor 1 or,M1 ^6 F' 7 8 1,„ N. 0 Ory . N 53 0' er • •J�{y' �;:? Y {pR1VE EAST `, os -LSO• •� P ^a 23e n tiy �� "Vis' >F1 G g` �, /.• it f�``' i ^+ti 2 la np iD „,Or r r dj Kodiak Island Borough GIS Legend Altn-fp®. /..1-"" it Subject Parcels W:` ( irci�' +2 �� fuj 0 190 A 720 ( t ) ®Notification Area ' . S Ibis map was prepared from the Kodiak Island Borough's GIS System. it i3 pproperty yathin the Kodi k Mand Borough. This nap does not represent a survey- More information about the mapping dao can baobtained by coniac+ing the Kodiak (stand Borough IT Department at (907)468.9333. November 19, 2011 Mr. Cy Hoen 117 Lower Mill Bay Road 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 12-021. Request a Similar Use Determination, according to KIBC 17.15.090(A), to allow a small-scale beer brewing operation, a tasting room and general retail space as uses similar in character and impact to other permitted uses in the B -Business Zoning District. Lots 17A and 17B, Block 16 Kodiak Townsite Subdivision. Dear Mr. Hoen: Please be advised that the Kodiak Island Borough Planning and Zoning Commission has scheduled the case referenced above for Public Hearing at their December 21, 2011 regular meeting. This meeting will begin at 6:30 p.m. in the Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska. Attendance at this meeting is not mandatory but recommended. One week prior to the regular meeting, on Wednesday, December 14, 2011 at 6:30 p.m. in the Borough Conference Room (#121), the Commission will hold a packet review work session for the purpose of reviewing packet materials and staff summaries of cases scheduled for the regular meeting. The public is welcome to attend the packet review work session; however, the work session is not for the purpose of receiving public testimony. Applicants who wish to present testimony and/or evidence related to their case should appear at the Public Hearing during the Regular Meeting and present such information in person. Please contact the Community Development Department at 486-9363 if we can answer any outstanding questions or provide additional information. In advance, thank you for your cooperation. Sincerely, eact c5)41-103 Sheila Smith, Secretary Community Development Department CC: Ben Millstein KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 (907) 486-9363 • November 19, 2011 Public Hearing Item 7-A PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, December 21, 2011. The meeting will begin at 6:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska, before the Kodiak Island Borough Planning and Zoning Commission, to hear comments if any, on the following request: CASE: APPLICANT: AGENT: REQUEST: LOCATION: ZONING: 12-021 Cy Hoen Ben Millstein A Similar Use Determination, according to KIBC 17.15.090(A), to allow a small-scale beer brewing operation, a tasting room and general retail space as uses similar in character and impact to other permitted uses in the B - Business Zoning District. Lots 17A and 17B, Block 16 Kodiak Townsite Subdivision 117 Lower Mill Bay Road B -Business 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, December 6, 2011 to be considered by the commission. If you would like to fax your comments to us, our fax number is: (907) 486- 9396 or you may email them to ssmith(aikodiakak.us. If you would like to testify via telephone, please call in your comments during the appropriate public hearing section of the meeting. The local call-in telephone number is 486-3231. One week prior to the regular meeting, on Wednesday, December 14, 2011 a work session will be held at 6:30 p.m. in the Kodiak Island Borough Conference Room (#121), to review the packet material for the case. Kodiak Island Borough Code provides you with specific appeal rights if you disagree with the Commission's decision on this request. If you have any questions about the request or your appeal rights, please feel free to call us at 486-9363. Your Name: Mailing Address: Your property description: Comments: Current Location Request a Similar Use Determination, according to KIBC 117 Lower Mill BayRd.17.15.090(A), to allow a small-scale beer brewing operation, a tasting room and general retail space as uses similar in P & Z Case 12-021 character and impact to other permitted uses in the Cy Hoen B-Business Zoning District. Lots 17A and 17B, Block 16, Kodiak Townsite Subdivision. 'c4$ 'rir a ©rya y15 VV `1,C3 'Lai $t1 el Nt l L /• ♦4 rL0 it ~ SS 562 p+ 6 0 '� N Ips el, pY� o-70 co.?0 7p6, ^a ®,.` t ry �� N 4,44 ^6 ^^^ ,•yO ,s 0 o , '`771 �F 0 700 ^v0 7O a� ory^�. •� �. y� 4•ry e ca O 7 ue q�A 74 h� �51 • a'C DRIVE EAST 7 Is �4 h O 204 7 50 r. tiD e 4? - Yl� ('(6-At ,,t. se 5 ‘e• te 0 I° iipmcsikais � 9ly):Q c '+ '� 11 tiF 13 %1c,P , ,S, �!� v © ` q,�2G 211 4 0 fl, • P7 ,`��f�9L� 11ti ® 230 5 p"4 ��^```� �GF ^ 7 h „.0 O. cooQ Kodiak Island. Borough GIS Legend N 1.\'j.' m Subject Parcels W ; � E ac• Feel �' 0 180 sso 720 1 r r r 1 r 1 1 ( 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 Ko i k 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. RONALD ACARREGUI PO BOX 8204 KODIAK, AK 99615 ALASKA COMMERCIAL COMPANY NORTHWEST COMPANY 77 MAIN ST WINNIPEG, MANITOBA, CA R3C2R FILOMENO BRAVO 103 CENTER ST KODIAK, AK 99615 MARY CAULFIELD 65174 HIGH RIDGE DR BEND, OR 97701 CECILE COSTELLO 315 THORSHEIM ST KODIAK, AK 99615 DALK, LLC 201 CENTER AVE. KODIAK, AK 99615 ALISHA DRABEK PO BOX261 KODIAK, AK 99615 ' TOMMIE ESTEP 314 HIGH ST KODIAK, AK 99615 WILLIAM GAEUMAN PO BOX 8109 KODIAK, AK 99615 AJA KODIAK PROPERTIES, LLC 507 2ND AVE FAIRBANKS, AK 99701 HAZEL ARDINGER 1710 MILL BAY RD KODIAK, AK 99615 KEVIN BRENNICK 610 LOWER MILL BAY RD KODIAK, AK 99615 CHRISTIAN SCIENCE SOCIETY PO BOX 1697 KODIAK, AK 99615 ANDREW CRAWLEY 120 W REZANOF DR KODIAK, AK 99615 JEFFREY DEBELL ETAL 22426 WOODWAY PARK RD WOODWAY, WA 98020 ED VENTURES INC 11900 CANGE ST ANCHORAGE, AK 99516 JOHN FLETCHER PO BOX 927 KODIAK, AK 99615 GARY GILBERT C/0 KAREN HEDGES PO BOX 182571 COLUMBUS, OH 43218 STATE OF ALASKA , 00000 MARK BLAKESLEE PO BOX 2356 KODIAK, AK 99615 CAROLYN STREET, LLC 2702 DENALI ST, STE. 100 ANCHORAGE, AK 99503 CITY OF KODIAK P.O. BOX 1397 KODIAK, AK 99615 CREDIT UNION 1 1941 ABBOTT RD ANCHORAGE, AK 99507 LUDGER DOCHTERMANN POBOX714 KODIAK, AK 99615 ELKS LODGE #1772 P.O. BOX 846 KODIAK, AK 99615 DUANE FREEMAN 1720 SIMEONOFF ST KODIAK, AK 99615 JAMES HAYDEN 206 ALDER LANE KODIAK, AK 99615 CY HOEN ETAL ROLLAND JONES SUNG KIM 117 LOWER MILL BAY RD PO BOX 375 P.O. BOX 769 KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 `v CHARLES KING III PO BOX 1573 KODIAK, AK 99615 KODIAK OIL SALES INC PO BOX 240108 ANCHORAGE, AK 99524 CLARENCEJMCCLAREN 37895 STERLING HWY ANCHOR POINT, AK 99556 MK ENTERPRISES, LLC PO BOX 2338 KODIAK, AK 99615 THOMAS QUASS 146 W. REZANOF DR KODIAK, AK 99615 LELAND ROBBINS PO BOX 1426 KODIAK, AK 99615 MARYA SPRINGHILL NAULT P.O: BOX 922 KODIAK, AK 99615 -- ARNOLD TWETEN PO BOX 853 KODIAK, AK 99615 YUKON NORTH , LLC 120 W. REZANOF DR KODIAK, AK 99615 KODIAK ISL HSG AUTHORITY 3137 MILL BAY RD KODIAK, AK 99615 KODIAK PLAZA I INC ATTN: JIM DAVIS P O BOX 2042 KODIAK, AK 99615 MCDONALDS REAL ESTATE CO PO BOX 66207 AMF, O'HARE CHICAGO, IL 60666 MARYA NAULT P O BOX 922 KODIAK, AK 99615 RELLA MAE CORPORATION SHELIKOF LODGE ADMIN OFFICE 4128 148TH AVE, NE REDMOND, WA 98052 LOUIS SHOLL PO BOX 681 KODIAK, AK 99615 JOSE H TOSTADO PO BOX 324 KODIAK, AK 99615 ROBERT WILLIAMS PO BOX 8346 KODIAK, AK 99615 ,KODIAK ISLAND BOROUGH 710 MILL BAY RD KODIAK, AK 99615 JAMES KOOB PO BOX 879702 WASILLA, AK 99687 THOMAS MERRIMAN P.O. BOX 1155 KODIAK, AK 99615 STEPHEN O'BRIEN 315 HIGH AVE KODIAK, AK 99615 BART RIPPEY 318 CAROLYN ST KODIAK, AK 99615 GREGORY SPALINGER PO BOX 2635 KODIAK, AK 99615 TRUE WORLD TRAVEL OF AK LLC 119 YUKON ST KODIAK, AK 99615 PAUL YATSIK P.O. BOX 9016 KODIAK, AK 99615 c• Martin Lydick From: Ben Mil!stein <bmills@ak.net> Sent: Friday, November 18, 2011 1:54 PM To: Martin Lydick Subject: Re: Emailing: Brewery floor plan0001.jpg Attachments: Floorplan0001.jpg Hi Martin, Attached is my updated floorplan with more information. The building is 50' wide. The front part of the building is 90' long. The first 50' will be dedicated mainly to the tasting room, consisting of benches arranged in small seating areas just like what we have now, as well as a few small counters and standing areas. Within that area there is also an "arctic entry". The back portion of the front area will be a mixture of retail merchandise display and service (1530sq') as well as bathrooms (240sq'), and retail storage (230sq'). Part of that area will be simply used as a "hallway" or corridor for traffic between the back and front halves of the building which is separated by a 3' step in the floor and connected by a ramp that measures 6' x 16'. The back portion of the building measures 60' long by 50' wide giving a total area of 3000sq'. 1000sq' are will be used for production and fermentation. There is an office that is 130sq', a break room that is 280sq', and a boiler and bath (150sq'). The remaining 1400sq' will be dry storage of grain, merchandise, and misc. as well as corridors. An outdoor cooler will provide storage for finished beer and will measure 12' wide by perhaps 64' long. This would be 768sq' of cold storage. Please let me know if there's any more information that would help. I would like to invite any staff or commission members to tour my current facility to best understand my future plans. I'd be happy to set up a time to show everyone around at once if they're interested. Thanks, Ben Miilstein Kodiak Island Brewing www.kodiakbrewery.com 907*486*ALES (2537) Beer is Art, and the Palate is Yours. On 11/18/2011 10:04 AM, Martin Lydick wrote: > Good morning Ben, > Here are my comments; > The narrative submitted addresses the salient points I requested& > receives a passing grade. > The site plan / floor plan is ok as a "concept plan" suitable for > opening discussions. > From a permitting perspective: It is insufficient in detail to form a 1 :> basis of opinion as it relates to an acceptable parking plan > considering your desire to increase the building area w/ the addition > of cold storage, and a new loading dock. No scale is provided, > dimensions are not provided, and separation distances are absent. > And, this appears to be only a partial schematic, w/ a great number of > the parking spaces simply omitted. > From a report writer's perspective: >11] Your Oct 12 request states "Attached Is an approximate layout for > the business showing that the relative square footage for manufacture, > retail, storage, etc is still within the discussed proportions in the >similar use determination of 2002." > [2] Your Nov 16 narrative states "Description for attached floor plan: > The front part of the building is 50'x90' (4500sq') and will be > totally dedicated to retail and tasting room. Approximately 1000sq' > will be required for production and fermentation. The rest of the > building will be used for support including office, boiler, and > primarily storage for grain, glass, beer, and merchandise." > ...Approximate, relative, approximately,...are not terms I will ask > the Commission to rely upon. Show me the calculations, please. > Thank you, > Original Message > From: Ben Millstein [mailto:bmills@ak.net[ > Sent: Wednesday, November 16, 2011 3:10 PM > To: Martin Lydick > Subject: Emailing: Brewery floor plan0001.jpg > Hi Martin, > Take a look at these and tell me what you think. > Thanks, > -- > Ben Millstein > Kodiak Island Brewing > www.kodiakbrewery.com > 907"486*ALES (2537) > Beer is Art, and the Palate is Yours. > Your message is ready to be sent with the following file or link > attachments: > Brewery floor plan0001.jpg 2 go )cc 5-0 Cr \ . • .5S —CC" \ dCS, I , • \ I., • , 4 - N••-•-- • L-1 • • 7 5-r, re: 4-6TC: IL . • poQ<CO 54C. Kodiak Island Brewing Co. Ben Millstein; manager/brewer 338 Shelikof Avenue Kodiak, Alaska 99615 907 -486 -ALES (2537) bmills@ak.net .: ww w.k o d i a k b rew a ry. c o m For consideration of a similar•use'determmation 1 s v 1- rC4:1. t 'g1E � f .. Kodiak Island Brewing Compan4y was Issued a similar,use determination iii 2002 for the Harbor Building 1 �'� ,-9ni+.>,w°�•St3L> 1a rf'!i °�.r. r'F location when it wasfound to:be more like a bakery than a factory. From thesimilar,use.determination: "The intent of'these?decisions is to ensure that thegprirnary function of these small scale ventures is to serve the daily needs of the local community and visi ors... with fresh local products:' This statement, more or less' summarizes the brewery's mission. •. c. Over the years our sales volu ee hi been, �ery.cI� �ely�split between wh les l to the local bars and restaurants; and retail to the public.: However.our profitabihtyyis entirely based on retail sales.We think of wholesale as.acombinaation of community service and advertising opportunity due to the cost of production. Our profit comes entirely from retail sales, both beer and merchandise. In 2007 state' regulations'changed to -allow us to sell limited=`amounts of beer for"on premise" consumption. This has been our most dramatic area of growth, close to doubling each year. Our expansion will allow us to accommodate that growth on the retail side :2, accommodate as, the growing demand overall. Our sales this year, through' October have been 340 barrels'in wholesale, , and 390 barrels in retail, 114 of which were from pint sales in the tasting room.. ;' 1. Though ourbusmess is growing at healthy rate, we have not changed significantly in our plan. We still` ar'e totally focused on the Kodiak market. We'd -6 not have any steady accounts off island, and no plans todistribute off island as the business insignificantly more complicated and Tess profitable. If the litmus testis to "serv•e the: daily needs.of theidtal community and visitors'_', I believe we fit that description as well as any business in Kodiak. ' - . Thank You for yoiurconsideration, • Ben Millstein `. - Description for attachedfloor plan: The front part of the building,is.50'x90' (4500sq'),and will be totally dedicated to retail and tastingroom Approximately 1000sq. will be required` for production and - fermentation. The rest, of the building will be used for_ support,including.office, boiler, and primarily storage-for-grain,-glass,-beer,-and.merchandise. ' 1 Od 21 11 02:20p Ben MilIsteiJ p.1 E. 8,250 sgfti gross Martin Lydick From: Ben Millstein <brnills@ak.net> Sent: Wednesday, November 16, 2011 11:22 AM To: Martin Lydick Subject: Re: Sim Use Hi Martin, I think it would be easiest if you come down here. We can look at my records and get any stat you want. How does that sound? I also have a preliminary floor plan we can use for the time being. Ben Millstein Kodiak Island Brewing www.kodiakbrewery.com 907*486*ALES (2537) Beer is Art, and the Palate is Yours. On 11/16/2011 10:59 AM, Martin Lydick wrote: Good morning Ben, I have been assigned your case & would like to request some additional information in order to put forward the best possible write-up. In our earlier discussion about the additional freezer space & parking requirements we noted that a legible building plan that accurately allocates floor areas would be needed. In addition, some history of production volumes would be extremely helpful. Broken down between on-site consumption, retail carry -out, & wholesale sales would allow us to properly categorize your brewery according to industry standards & show a growing, successful local business enterprise. That's all I can think of for now. My publication deadline is Dec 8th, so I will need this info well before that date in order to incorporate it into the staff report. Thank you, Martin Lydick, Associate Planner Community Development Dept. Kodiak Island Borough (907) 486-9361 mlvdick@kodiakak.us Thank you, Martin Lydick, Associate Planner Community Development Dept. Kodiak Island Borough 1 Bud Cassidy From: Bud Cassidy Sent: Tuesday, November 08, 2011 5:57 PM To: bmills@ak.net Subject: Re: Clarification Thanks Sent from my iPhone On Nov 8, 2011, at 5:17 PM, "Ben Millstein" <bmills@ak.net> wrote: Yes indeed. Ben Millstein Kodiak Island Brewing www.kodiakbrewery.com 907*486*ALES (2537) Beer is Art, and the Palate is Yours. On 11/8/2011 4:59 PM, Bud Cassidy wrote: Yes From: Ben Millstein jmailto:bmills@ak.net] Sent: Tuesday, November 08, 2011 4:51 PM To: Bud Cassidy Subject: Re: Clarification 17a&bright? Ben Millstein Kodiak Island Brewing www.kodiakbrewery.com 907*486*ALES (2537) Beer is Art, and the Palate is Yours. On 11/8/2011 4:42 PM, Bud Cassidy wrote: Ben — Clarifying that you are purchasing both of Cy Hoen's lots and that both of are to be considered in you Similar Use request case. Thanks, Bud 1 Bud Cassidy From: Sent: To: Cc: Subject: Bud Cassidy Friday, November 04, 2011 8:57 AM bmills@ak.net Duane Dvorak; Martin Lydick Parking Requirement - Cys Sporting Goods Ben As a start here are the parking calculations based on the scenario you provided me: Building Size 1. 2500 2. 1250 3. 4500 Total sqft of Retail Space sqft of Brewing space sqft of inventory, supplies or storage building size 8,250 sqft. Parking Calcs: 1. Retail Space (1 parking space per 200 sqft gross Floor area for the first 2,000 sqft + 1 parking space per 300 sqft for any space greater than 2,000 sqft) 2. Brewing Space (including office) (1 space per 700 sqft) 3. Inventory, supplies etc. (1 space per 1000 sqft. ) Parking Space Totals 1. Retail space - 11.67 2. Brewing space =1.78 3. Inventory space 4.50 Total parking space Requirement 18 spaces Any designated loading area (delivery truck parking) counts as one of the required spaces. Lastly, I am checking the Cy's Sporting Goods Property file to see if there are any notations that could affect parking. Should you have any questions, please contact me. Thanks Bud Cassidy, Director Community Development Director Bud Cassidy From: Sent: To: Cc: subject: Thanks Ben. Useful info. Bud Bud Cassidy Monday, October 24, 2011 1:56 PM 'bmills@ak.net' Duane Dvorak RE: Brewery Restrictions From: Ben Milstein fmailto:bmillsOak.net1 Sent: Monday, October 24, 2011 12:15 PM To: Bud Cassidy Subject: Re: Brewery Restrictions "Micro" is very hard to define. It's all relative of course and depends on many factors. We haven't even broken 1000 bbl yet, so we're no where near 15,000 and don't foresee it. I think Midnight Sun is somewhere near 12 or 15,000 bbl. Alaskan is way beyond that. They are something like the 1 l th biggest craft brewer in the country. In terms of manufacturing time, we still only brew 1 to 3 days a week. Ben Millstein Kodiak Island Brewing www.kodiakbrewery.com 907*486*ALES (2537) Beer is Art, and the Palate is Yours. On 10/24/2011 9:50 AM, Bud Cassidy wrote: Thanks for that Ben - The general figure we see in the planning literature is 15,000 barrels (a barrel being 31 gallons plus or minus for a total of 465,000 gallons) for small scaled brewery. Our code tends to talk more about a 24/7 beverage manufacturing operation and not what would be considered a micro -brewery. Is that a figure that would fit into defining a micro - brewery? Thanks Bud P.S. By the way I enjoyed your Oatmeal Stout this weekend. From: Ben Millstein [mailto:bmillseak.net] Sent: Monday, October 24, 2011 9:39 AM To: Bud Cassidy Subject: Re: Brewery Restrictions Bud Cassidy From: Bud Cassidy Sent: Monday, October 24, 2011 9:51 AM To: 'bmills@ak.net' Subject: RE: Brewery Restrictions Thanks for that Ben - The general figure we see in the planning literature is 15,000 barrels (a barrel being 31 gallons plus or minus for a total of 465,000 gallons) for small scaled brewery. Our code tends to talk more about a 24/7 beverage manufacturing operation and not what would be considered a micro -brewery. Is that a figure that would fit,into defining a micro - brewery? Thanks Bud P.S. By the way I enjoyed your Oatmeal Stout this weekend. From: Ben Millstein jmailto:bmillsCalak.netl Sent: Monday, October 24, 2011 9:39 AM To: Bud Cassidy Subject: Re: Brewery Restrictions Hi Bud, There aren't any restrictions like that in my license. Some differences are that they bottle, distribute, and distribute out of state. Much bigger operations. I could see our operation doing some limited bottling and off island sales, but not significant volumes. And I don't have plans to do any of that at this point. I'm not really interested in having a distributor and competing with other breweries on liquor store shelves. I'm still focused on the "bakery" model; local sales to individuals and local business. Up to this point our sales have been fairly close to half wholesale and half retail. Perhaps a line could be drawn if wholesale was supposed to account for a clear majority of a business's income, say 3/4? It's hard to say. Depending on the industry this could still be fairly innocuous. Another thing to consider is the uniqueness of Kodiak as a community. Kodiak is a working community and that's part of it's charm, so it would be a mistake to model our codes on a tourist, or bedroom community. Diversity in the economy is also something we probably want to encourage. And because visitors mostly do not have transportation, business location outside the downtown area is harder here than in most places. The more businesses that locate away from downtown the poorer downtown becomes too, and the less attractive to residents and visitors alike. Maybe that's more than you asked, and stuff you already know... Anyway; my two cents. 1 Bud Cassidy From: Bud Cassidy Sent: Monday, October 24, 2011 9:18 AM To: bmills@ak.net Cc: Duane Dvorak Subject: Brewery Restrictions Good Morning Ben - Are there any restrictions in your brewery license that restricts the amount (gallons) of product you can produce? How about any square footage restriction on how large your brewery can be? Do you know if there a distinction between someonelike you and say, Midnight Sun Brewing Co. or Alaskan Brewing Company or even a larger brewing company? This isn't about your case, but about updating the Borough Code (which we are currently undertaking) and allowing - —_-. — small scaled micro - breweries as a "permitted use" in the "business" zoning district thereby foregoing review by the commission in the future. Should there be a source of information on-line or otherwise that you can point to, we can do the research. Thanks for educating us. Bud Bud Cassidy From: Bud Cassidy Sent: Monday, October 17, 2011 1:58 PM To: 'bmills@ak.net' Subject: Relocation of Brewery - Need for a Similar Use Determination Good Afternoon Ben In order to consider the alternative properties we discussed for relocation of your brewery here is what is needed. 1. The process would be the same as what was used and approved at your current site. The difference is that at the time CDD staff had the ability to approve "similar use determinations". That code section has since changed, and only the commission can approve a request for a "similar use determination". That means that it would be before the Planning and Zoning. Commission as a public hearing case. Public Hearing Notices will be sent to adjacent property owners up to 500 feet from the property to be used as a brewery and your request will be advertised in the Kodiak Mirror with the rest of the cases scheduled for that month to be heard by the commission; 2. It starts with an application for a similar use determination; one application for each site. Each application will cost $150.00. Along with the application, also include a narrative or description of what you propose and any other information that supports your request. 3. The deadline for submittal of the application(s) is 5:00 PM on Tuesday, November 1, 2011. 4. The commission will rule on your request at their December 21st meeting. 5. Should your request be approved we will also need to review the specific layout and how you propose to use the building. Determination of the number of parking required will be done once we know the square footage you are dedicating toward each use. Of course all this can also be done during your planning process. Let us know if you have additional questions. Thanks, Bud Cassidy, Director Community Development Department 1 Oct 21 11 02:20p Ben Milstein Oct 21 11 02:20p Ben Millstein 907-486-2537 p.1 F: RECEI1VE OCT 1 2 2011 J COMMUNIPi DEVELOPMENT DEPARTMENT Ben Millstein; manager/brewer 338 Shelikof Avenue Kodiak, Alaska 99615 907 -486 -ALES (2537) bmills@ak.net www.kodiakbrewery.com Request for Similar Use Determination to approve the purchase and occupation of "Cy's" by Kodiak Island Brewing, In October, 2002 a similar use determination was granted to Kodiak Island Brewing finding that a small brewery is more like a bakery than an industrial manufacturer. This move would expand the breweries business, but not change it substantially in character. Attached is an approximate layout for the business showing that the relative square footage for manufacture, retail, storage, etc is still within the discussed proportions in the similar use determination of 2002. Hi Bud, There aren't any restrictions like that in my license. Some differences are that they bottle, distribute, and distribute out of state. Much bigger operations. I could see our operation doing some limited bottling and off island sales, but not significant volumes. And I don't have plans to do any of that at this point. I'm not really interested in having a distributor and competing with other breweries on liquor store shelves. I'm still focused on the "bakery" model; local sales to individuals and local business. Up to this point our sales have been fairly close to half wholesale and half retail. Perhaps a line could be drawn if wholesale was supposed to account for a clear majority of a business's income, say 3/4? It's hard to say. Depending on the industry this could still be fairly innocuous. Another thing to consider is the uniqueness of Kodiak as a community. Kodiak is a working community and that's part of it's charm, so it would be a mistake to model our codes on a tourist, or bedroom community. Diversity in the economy is also something we probably want to encourage. And because visitors mostly do not have transportation, business location outside the downtown area is harder here than in most places. The more businesses that locate away from downtown the poorer downtown becomes too, and the less attractive to residents and visitors alike. Maybe that's more than you asked, and stuff you already know... Anyway; my two cents. Ben Millstein Kodiak Island Brewing www.kodiakbrewery.com 907*486*ALES (2537) Beer is Art, and the Palate is Yours. On 10/24/2011 9:18 AM, Bud Cassidy wrote: Good Morning Ben - Are there any restrictions in your brewery license that restricts the amount (gallons) of product you can produce? How about any square footage restriction on how large your brewery can be? Do you know if there a distinction between someone like you and say, Midnight Sun Brewing Co. or Alaskan Brewing Company or even a larger brewing company? This isn't about your case, but about updating the Borough Code (which we are currently undertaking) and allowing small scaled micro - breweries as a "permitted use" in the "business" zoning district thereby foregoing review by the commission in the future. Should there be a source of information on-line or otherwise that you can point to, we can do the research. Thanks for educating us. Bud KODIAK HARBOR BUILDING Leland P. James, Owner/Manager 4635 194th Avenue S.E. Issaquah, Washington 98027 (425) 453-9202, Ext. 114 September 10, 2002 Community Development Department and Planning and Zoning, City of Kodiak 710 Mill Bay Road (Rm 205) Kodiak, Alaska 99615 \"_5)E.CEIVIER OCT 1 2201, 11,1)1 COMMUNITY otrtf prwprc DEPARTMENT Re: Proposal for location of the Kodiak Island Brewing Company, at 336 Shelikof Street, Kodiak Alaska Dear Community Development, Planning and Zoning Members: The issue is whether a microbrewery is appropriate for the existing commercially zoned area, or should it be allowed only in an industrially zoned area. As landlord I have tried, for three year, to interest either West Marine, Boater's World, LFS fishing supplies and Dollar Store to occupy the vacant 4,680 square foot space, to no avail. In the interim there have been many young Kodiak entrepreneurs who have contacted me with their dreams for a new business. At first I was reluctant to even give Mr. Millstein's brewery idea a try as the risks for all concerned are high. Development costs for special tenant improvements to the building will be high and equipment costs are substantial. Yet, here is young man willing to start a new business that will compete with Safeway and its obvious risks. A lot of things will have to go right and most importantly the people of Kodiak will have to support this new business. Remember Prinz Brau Brewery, with its $3.0 million in new equipment placed in Anchorage in the 70's, which instead of being welcomed to Alaska was run out of town by a combination of citizen nonsupport and a teamster union who called the shots. I started researching the microbrewery concept here in Washington State. Mr. Millstein had already worked in successful microbrews in Wasilla and Homer. I talked first with Mac Rankin with Mac & Jack's Brewery, Inc. in Redmond, Washington. He and his partner started their business in an 800 square foot garage in 1974, they are now located in 9,000 square feet of space. Mac stated that, "he was the 22nd microbrew in Washington State, in 1994, and that there are now some 80 microbrews located state wide. Mac's operation serves the keg only market, brewing 4,800 kegs annually. -1- I personally inspected seven brew locations in Seattle yesterday to get a feel for what needs to done to the building to facilitate the brewery concept. Nothing I saw gave me reason to doubt that the planned for location would not work. Pouring concrete on top of concrete for floor drains is quite common. My concern with moisture and odor is no longer a concern as cleanliness is a major issue in a microbrewery. Pike Brewing Company at Pike Place Market is actually located in the middle of an interior walk way retail area. Most microbreweries are located adjacent to a pub and/or restaurant. While a restaurant is not planned for in the Kodiak Harbor Building, it is not out of the question. Most microbrew/restaurant pubs in Seattle have only on street parking, versus the subject which has some parking adjacent. A majority of the microbrewery and pub locations are in commercially zoned areas. Following are pictures and a short discussion of those facilities for your review. Issaquah Brew House: is located at 35 West Sunset Way, Issaquah, Washington. This pub and brewery is located in the center of downtown Issaquah across from the new city library. The brewery is similar in size to that planned in Kodiak. They brew beer for on site consumption and sell keg and bottled beer. There is no off street parking for the business. The building has some characteristics that I would like to see incorporated with the Kodiak Harbor Building; awnings, lighting and more glass. -2- Six Arms; is located at 300 East Pike, Seattle, Washington. This pub/brewery has a very small brewery on site, for pub consumption only. You can stop by and fill up a jug of beer if you like. The area surround is commercial in nature and there is no off street parking. Pike Brewing Company: is located at 1415 1st Avenue, Seattle, Washington. This location is part of the Pikes Place Market in downtown Seattle. The brewery is located in the interior atrium with all the tourist business opening their doors directly to the brewery. This facility is unique in that the brewery goes up three stories. The brewery bottles and kegs their beer and serves on of Seattle's major pubs. -3- Maritime Pacific Brewing: is located at 1514 Northwest Leary Way in the Ballard area of Seattle, Washington. This brewery and small pub are located in an industrial area and specialize in bottled beer. The building is of frame construction and is quite old. They have poured a new floor slab for the equipment and cleaned up the walls and ceiling. Hale's Ale Brewery: located at 4301 Leary Way Northwest in the Ballard/Fremont area of Seattle, Washington. The area is Tight industrial/commercial, moving to commercial uses. The brewery started in Colville, Washington in 1983, moved to Spokane in 1991, Kirkland in 1995 and to Ballard/Fremont in 2000. The move increased kegs from 12,000 to 24,000 a year in the new 17,000 square foot building. The new pub addition seats 125 customers and there is no off street parking. -4- Dad Watson's is located at 3601 Fremont Avenue North, in the Fremont area of Seattle, Washington. The area is heavy commercial with a dense back up of residential development. The small brewery serves, apparently, only the restaurant and pub and is located in the basement area. Pubs, restaurants and coffee houses abound in the area. A new retail building next door has basement parking for the Dad Watson's patrons. In summary, is the current Kodiak Harbor Building commercial zoning appropriate for a microbrewery? The concept is well tested in the Seattle area in business zoned areas and has proven to be a popular and very compatible inner city business use. This will most certainly work for "MainStreet Kodiak". The current Kodiak zoning which places a brewery in an industrial area most likely harkens back to the days of wood vats, barrels and open cooking pots. Today microbrew facilities are most commonly found in commercial locations. Mr. Millstein plans on deriving 67% of his sales from retail and 33% from wholesale keg sales indicate the current zoning and location is most appropriate for the planned use. The recently acquired parking lot to the west of the Kodiak Harbor Building is there to facilitate the west end building tenants and to enhance the Kodiak Harbor Building's highest and best use as a viable commercial facility. Please feel free to contact me with any questions that you might have. Sincere) , • Leland P. James Leland P. James 4635 194th Ave S.E. Issaquah, WA 98027 • Kodiak Island Borough Community Development Department 710MillBay Road Kodiak, Alaska 99615 Phone (907) 486-9363 Fax (907) 486-9396 www.kib.co.kodiak.ak.us October 1, 2002 Re: A similar use determination, in accordance with KIB Code Section 17.03.090.A, allowing small scale beer brewing as a use similar to certain permitted uses in the B -Business zone and which is similar to certain permitted uses in the B -Business zone in terms of character and impact. Dear Mr. James: After careful review and consideration it has been determined that the request referenced above has been granted. Findings of fact in support of this decision are as follows: 1. This determination is made in substantial reliance upon the submittals of the landowner Leland P. James and lessee Ben Millstein, for Lots 19-22, Block 3, New Kodiak Subdivision, which are on file for this case. 2. The primary use of the property is indicated by the amount of floor area devoted to the constituent uses making up the small-scale beer brewery. The production of beer is limited to no more than 50% of the total floor area devoted to the overall brewery use. The wholesale distribution of product shall remain an incidental part of that business, subject to the stipulations provided, in order to ensure that the primary use remains retail/office as the principal component of the small-scale brewery. Large scale beer brewing will be indicated at any time the floor area required for production exceeds 50% of the overall leasehold interest devoted to the use and will be indicated if the service/delivery area for wholesale keg product extends outside of the local Kodiak Island Borough community. 3. The Kodiak Island Borough Code provides a range of land use zoning districts to provide for the everyday needs of the borough community. The B -Business district has been determined to be appropriate for other small scale industrial uses, such as seafood processing, when similar limitations and floor area ratios have been applied to the use to ensure that the use remains principally retail in nature. The intent of these other decisions is to ensure that the primary function of these small scale ventures is to serve the daily needs of the local community and visitors to the community with fresh local products. Large scale industrial uses are intended to mass produce products for wholesale export of value added products and finished goods. Large-scale industrial production is distinguished by the fact that it is primarily oriented to markets outside of the local community. 4. The combination of stipulations and the applicable zoning, building and sanitation standards will ensure that the character and impact of the proposed small-scale beer brewery will be similar to a small scale bakery, auto parts store or delicatessen. This administrative similar use determination may be appealed, in accordance with the provision of KIBC 17375.030.B, which provides an avenue of appeal directly to superior court. This procedure is open to any aggrieved party and is consistent with the applicable provision of AS Title 29 and other applicable state statues regarding administrative procedures. The Alaska Statutes generally maintain that a right of appeal must exist for any administrative government decision, either to a commission, board of adjustment or the court system. Please feel free to contact me at 486-9360 if you should have any questions regarding the determination. Sincerely Duane Dvorak, Director Community Development Department CC: Ben Millstein Planning and Zoning Commission Pat Carlson KIB Assembly -,1� KODIAK ISLAND BOR.>,JGH - COMMUNITY DEVELOPivlti\ T DEPARTMENT 710 Mill Bay Rd., Room 205, KODIAK, AK 99615-6398 (907) 486-9363 - FAX (907) 486-9396 • www.kib.co.kodiak.ak.us us 117 Lo uDer 4Y' (1 [ Applicant Information Propertyo ner's name �� /77 zt nuc/>///ir// �14t� &rl Properly owner' mailing a ress K 6/3 - City State a/$7 A5//9 C.r('> -VO Zip Horne phone Work Phone E-mail Addr. Agent's name (If applicable) . 3kciv AILLS /1/ Agent's mailing address 7 4,./..[-)fro6(Kppigit4 City State p ttiV-- (1sz3 6- 23 Home phone Work Phone E-mail Addr. Property Information Property ID Numbr ris Kz 7voir4r 1< 1 Legal escription l7A Current Zoning: Applicable Comprehensive Plan: Year of Plan adoption: Present Use of Property: ['ZC'k}'JL roposed Use of Property: rt,471")l 3Cr: ,n T (Note: Use additional sheets, if needed, to provide a complete description of the proposed request.) Applicant Certification I hereby certify as the properly owner/authorized agent that this applicationfor 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 plant for variance and conditional use requests and which may include optional supporting documentation as indicated below. Additional Narrative/History � As -built Survey Photographs _ Maps _ Other rC4 "CA/ .'.lQ/1 I Property'',er's Signature / Date Au o zed Agent's Signature Date 1A devep� rfient 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, 01993 by Rutgers University) STAFF USE ONLY � Code Section(s) Involved: /7 /C D 90 . �!r^ lar /Set_ Variance (KIBC 17.66.020) $250,00 Conditional Use Permit (KIBC 17.67.020.5) $250.00 ,)C Other (appearance requests, site plan review, etc.) $150.00 Zoning change from to (KIBC 17.72.030 and 030.C)* Appl ion received by: /d /Z//?d!i aft signature 12-O.ZI PAYMENT VERIFICATION Kodiaklsland Borough Finance Department Y