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2012-12-06 Regular Meeting Kodiak Island Borough Assembly Regular Meeting Agenda Thursday, December 6, 2012, 7:30 p.m., Assembly Chambers 1. INVOCATION 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. APPROVAL OF AGENDA AND CONSENT AGENDA All items listed with an asterisk (*) are considered to be routine and non - controversial by the Assembly and will be approved by one motion. There will be no separate discussion of these items unless an Assembly member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda. 5. APPROVAL OF MINUTES A. * Special Meeting of September 22, 2012 and Regular Meetings of October 4, October 18 and November 1, 2012. 6. AWARDS AND PRESENTATIONS A. November Student of the Month Award 7. CITIZENS' COMMENTS (Limited to Three Minutes per Speaker) A. Agenda Items Not Scheduled for Public Hearing and General Comments 8. COMMITTEE REPORTS 9. PUBLIC HEARING 10. BOROUGH MANAGER'S REPORT 11. MESSAGES FROM THE BOROUGH MAYOR 12. UNFINISHED BUSINESS 13. NEW BUSINESS A. Contracts B. Resolutions 1. Resolution No. FY2013 -02 Reestablishing the Fees of the Kodiak Island Borough. 2. Resolution No. FY2013 -15 Authorizing Terms and Conditions For Sale of a Tax Foreclosed Property Legally Described as Lot 17, Block 7, Baranof Heights Subdivision 1 Addition at Borough Land Sale Number Seventeen. 3. Resolution No. FY2013 -17 Authorizing the Kodiak Island Borough to Submit an Application for a Loan From the Alaska Clean Water Fund for the Landfill Lateral Expansion Project, Phase III. Meeting broadcast live over radio station KMXT 100.1 FM. Citizens' Comments and Public Hearing Number: Local 486 -3231; Toll Free 855- 492 -9202. Page 1 of 2 C. Ordinances for Introduction 1. Ordinance No. FY2013 -10 Accepting a Grant From the Alaska Division of Homeland Security and Emergency Management Under the Homeland Security Grant Program (HSGP) for Kodiak Area Emergency Operations Plan Update. D. Other Items 1. *Approval of the Kodiak Island Borough Assembly 2013 Meeting Schedule. 2. * Assembly Appointments to the Bay View Road Service Area Board. 3. State of Alaska Alcoholic Beverage Control Board Request for Renewal of Liquor License Applications Within the Kodiak Island Borough. 4. Mayoral Appointment to the Architectural /Engineering Review Board. 14. BOARD OF ADJUSTMENT A. APPEAL TO THE BOARD OF ADJUSTMENT - An Appeal of the Planning and Zoning Commission's Decision on Case 13 -006 DENYING the Request of a Variance, According to KIBC 17.195, Reducing the Required Off - Street Parking From 22 Spaces To 10 Spaces, According to KIBC 17.175.040 (Appellant: John Whiddon.) 15. EXECUTIVE SESSION A. Evaluation of Applicants for the Borough Manager's Position. 16. CITIZENS' COMMENTS (Limited to Three Minutes per Speaker) 17. ASSEMBLY MEMBERS' COMMENTS 18. ADJOURNMENT 19. INFORMATIONAL MATERIALS (No Action Required) A. Minutes of Other Meetings 1. Fire Protection Area No. 1 Board Regular Meeting of September 18, 2012. 2. Joint Building Code Review Committee Meetings of August 23, September 13, October 11, and October 18, 2012. 3. Monashka Bay Road Service Area Board Regular Meeting of June 1, 2012. 4. Parks and Recreation Committee Regular Meetings of September 11 and September 25, 2012. 5. Planning and Zoning Commission Regular Meeting of September 19, 2012. 6. Project Advisory Committee Meeting of January 31, 2012. 7. Service Area No. 1 Board Regular Meetings of August 16 and September 17, 2012. 8. Womens Bay Service Area Board Regular Meeting of October 9, 2012. B. Reports 1. Kodiak Island Borough School District Board Special Meetings of October 26 and November 8, 2012; and Regular Meetings of October 22 and November 19, 2012. Meeting broadcast live over radio station KMXT 100.1 FM. Citizens' Comments and Public Hearing Number: Local 486 -3231; Toll Free 855 - 492 -9202. Page 2 of 2 KODIAK ISLAND BOROUGH Assembly Special Meeting September 22, 2012 A special meeting of the Kodiak Island Borough Assembly was held on September 22, 2012, in the Borough Conference Room of the Kodiak Island Borough Building, 710 Mill Bay Road. The meeting was called to order at 11:35 a.m. Present were Mayor Jerome Selby, Assembly members Carol Austerman, Tuck Bonney, Dave Kaplan, Chris Lynch, Mel Stephens, and Louise Stutes. Staff members present were Administrative Official Bud Cassidy and Clerk Nova Javier. KAPLAN moved to excuse Assembly Member Friend who was absent due to personal leave. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. CITIZENS' COMMENTS None. CONSIDERATION OF MATTERS IN THE CALL FOR THE SPECIAL MEETING A. EXECUTIVE SESSION 1. Borough Manager Selection. STUTES moved to convene into executive session to discuss the Borough Manager selection process which qualifies for executive session as a matter which would tend to defame or prejudice the character or reputation of any person. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Austerman, Bonney, Kaplan, Lynch, Stephens, and Stutes. The Mayor invited the Borough Assembly, Administrative Official, and Clerk's Office Staff into executive session. After the vote, Mayor Selby recesses the regular meeting and convenes the executive session. Upon returning from the executive session, Mayor Selby reconvenes the regular meeting and announces no action is to be taken as a result of the executive session. Direction was given to move ahead with the rest of the process of selecting the borough manager. Kodiak Island Borough Assembly Minutes September 22, 2012 Page 1 ADJOURNMENT AUSTERMAN moved to adjourn the meeting. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Bonney, Kaplan, Lynch, Stephens, Stutes, and Austerman. The meeting was adjourned at 12:15 p.m. KODIAK ISLAND BOROUGH ATTEST: Jerome M. Selby, Mayor Nova M. Javier, MMC, Borough Clerk Approved on: Kodiak Island Borough Assembly Minutes September 22, 2012 Page 2 KODIAK ISLAND BOROUGH Assembly Regular Meeting October 4, 2012 A regular meeting of the Kodiak Island Borough Assembly was held on Thursday, October 4, 2012, in the Assembly Chambers of the Kodiak Island Borough Building, 710 Mill Bay Road. The meeting was called to order at 7:30 p.m. The invocation was given by Major John Quinn of the Salvation Army. Mayor Selby led the Pledge of Allegiance. Present were Mayor Jerome Selby, Assembly members Carol Austerman, Tuck Bonney, Jerrol Friend, Dave Kaplan, Chris Lynch, Mel Stephens, and Louise Stutes. Staff members present were Administrative Official Bud Cassidy, Finance Director Karl Short, Clerk Nova Javier, and Assistant Clerk Jessica Kilborn. APPROVAL OF AGENDA AND CONSENT AGENDA FRIEND moved to approve the agenda and consent agenda. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF MINUTES A. Regular Meeting Minutes of September 6, 2012 were approved under the consent agenda. AWARDS AND PRESENTATIONS Mayor Selby proclaimed October 6, 2012 as Coast Guard Appreciation Day in Kodiak and urged citizens to recognize our Coast Guard community for their individual and collective efforts in making Kodiak and all the navigable waters of Alaska a safer and better place to live, work, and play. Mayor Selby proclaimed the Month of October 2012 as Domestic Violence Awareness Month in Kodiak and encouraged all citizens of Kodiak to actively support and participate in the ongoing programs designed to reduce and eventually eliminate violence as a social problem. Mayor Selby proclaimed the Month of October 2012 as Fire Prevention Month throughout the Borough and urged all the people of Kodiak to practice their home fire escape plan during Fire Prevention Month 2012, and to support the many public safety activities and efforts of the Kodiak Island Borough's fire and emergency services. Mayor Selby proclaimed the Month of October 2012 as Filipino American National History Month as established by the trustees of the Filipino American National Historical Society. CITIZENS' COMMENTS Scott Arndt spoke against the Borough contracting work with an Assembly member. Dan Rohrer and Kevin Arndt spoke on conflict of interest and duty of loyalty. George Reith spoke to Ordinance No. FY2012 -06 and the subject of conflict of interest. Kodiak Island Borough Assembly Minutes October 4, 2012 Page 1 Kate Ballenger spoke against the way the current contract with Kodiak Construction Services was being handled by the Assembly. COMMITTEE REPORTS Nick Szabo, Solid Waste Advisory Board Chairperson, reported on the meeting of September 25, 2012. The Board voiced its desire to meet with the new Borough Manager to discuss future plans. PUBLIC HEARING 1. Ordinance No. FY2013 -01A Amending Ordinance No. FY2013 -01 Fiscal Year 2013 Budget by Accepting Three Grants. KAPLAN moved to adopt Ordinance No. FY2013 -01A. The Borough received a legislative grant of $3,000,000 for the Landfill Lateral Expansion Phase II; and a $7,000,000 legislative grant for KHS VocEd and Physical Education renovation. The Borough also received a $100,000 legislative grant to purchase playground equipment for Womens Bay Parks. Mayor Selby opened the public hearing. Seeing and hearing none, Mayor Selby closed the public hearing. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Austerman, Bonney, Friend, Kaplan, Lynch, Stephens, and Stutes. 2. Ordinance No. FY2013 -03 Amending Section 411.2 Longevity Pay of the Personnel Manual. KAPLAN moved to adopt Ordinance No. FY2013 -03. This ordinance was drafted by Mayor Selby. The KIB Personnel Manual Section 411.2 provided for longevity pay for regular full -time employees of the Borough who worked 7, 10, and 15 years. In order to retain longevity of the Borough employees it was integral to continue recognizing the long- term employees' who had continued their service with the Borough for 20, 25, and 30 years. This was extremely important now that the Public Employees Retirement System (PERS) changed from a defined benefit program to a defined contribution program. Employee turnover could be very costly and it was in the Borough's best interest to minimize turnover. The Borough's Working Conditions Advisory Council (WCAC) was reestablished in July 2012. This council was established to benefit those employees not covered by the Union contract, including department heads. The WCAC met on August 31, 2012, and approved the Longevity Ordinance to advance to the Borough Assembly for adoption. The intention of the ordinance was to benefit all regular full -time employees of the Borough; however, according to the Borough Attorney benefits of the ordinance would have no effect on the union employees, as they were covered by a collective bargaining agreement and any unilateral change would be considered an unfair labor practice. The ordinance was then rewritten to cover the exempt employees only. Mayor Selby opened the public hearing. Alan Torres spoke in support of Ordinance No. FY2013 -03 overall; however, he voiced concerns on portions of the ordinance. Kodiak Island Borough Assembly Minutes October 4, 2012 Page 2 Karl Short and Lauri Whiddon spoke in favor of Ordinance No. FY2013 -03. Comments by Marilyn Ordal in opposition of Ordinance No. FY2013 -03 were read into the record. Mayor Selby closed the public hearing. STUTES moved to postpone Ordinance No. FY2013 -03 until the results of the salary study were completed. ROLL CALL VOTE ON MOTION TO POSTPONE CARRIED SIX TO ONE: Bonney, Friend, Kaplan, Stephens, Stutes, and Austerman (Ayes); Lynch (No). 3. Ordinance No. FY2013 -04 Amending Section 707 Sick Leave of the Personnel Manual. KAPLAN moved to adopt Ordinance No. FY2013 -04. This ordinance was drafted at the request of Working Conditions Advisory Council Chairperson Short. Per KIB Personnel Manual Section 707, the Borough employees currently did not get cash payment/compensation for unused sick leave when they terminated their employment with the Borough. When the Public Employees Retirement System (PERS) changed from a defined benefit program to a defined contribution program, much of the incentives for long -term employment went away. Employees who worked over five years should be fairly compensated for unused sick leave and by providing this incentive it would discourage inappropriate use of sick leave. The WCAC met on August 31, 2012, and approved the Sick Leave Pay ordinance to advance to the Borough Assembly for adoption. A memo from Finance Director Short and comments by Marilyn Ordal regarding Ordinance No. FY2013 -04 were provided to the Assembly. Mayor Selby opened the public hearing. Karl Short and Lauri Whiddon spoke in support of Ordinance No. FY2013 -04. Alan Torres and Scott Arndt spoke in opposition of Ordinance No. FY2013 -04. Mayor Selby closed the public hearing. STEPHENS moved to postpone indefinitely Ordinance No. FY2013 -04. The Assembly spoke to the intention of bringing this Ordinance back once the salary study was completed. ROLL CALL VOTE ON MOTION TO POSTPONE CARRIED SIX TO ONE: Friend, Kaplan, Lynch, Stephens, Stutes, Austerman (Ayes); Bonney (No). BOROUGH MANAGER'S REPORT (Administrative Official Cassidy) Administrative Official Cassidy reported on the following: • Long -Term Care Center Update • City reported issues regarding sludge; the Borough and City were working with Department of Environmental Conservation on the matter. Kodiak Island Borough Assembly Minutes October 4, 2012 Page 3 MESSAGES FROM THE BOROUGH MAYOR Mayor Selby congratulated the individuals elected into office as result of the regular election of October 2, 2012. He reported on the Western Interstate Region Fall Meetings being held in Kodiak. UNFINISHED BUSINESS None. NEW BUSINESS Contracts 1. Contract No. FY2004 -61E Kodiak Island Borough Legislative Consultant During the 2013 and 2014 Legislative Sessions. This item was approved under the consent agenda. The agreement for lobbying services between Kodiak Island Borough and Hickey & Associates would expire on December 31, 2012. KIBC 3.30.070.A stated that competitive bids were not required for professional contracts. The contract was another two year contract, similar to the last contract and was for the same amount as the previous contract which was $40,000 annually. At the end of the year, Mr. Hickey would have worked on behalf of the Borough for twelve years. Mr. Hickey had done an excellent job for the Borough, working well with the legislature and various State agencies, including the Governor's office. Mr. Hickey was supportive of Borough projects, assisting the Manager and staff not only with legislation but also with project hurdles encountered from time to time with State agencies that were administrating grants or projects. The Assembly authorized the Manager to execute Contract No. FY2004 -61E with Hickey &' Associates of Juneau, Alaska in the amount not to exceed $40,000 annually for the period of January 1, 2013 to December 31, 2014. Resolutions None. Ordinances for Introduction 1. Ordinance No. FY2013 -05 Determining the Disposition of a Tax Foreclosed Property and Establishing Intention to Surplus and Sell Said Property by Finding That a Public Need Does Not Exist for the Property and Authorizing the Property for Immediate Disposal (P &Z Case 13- 001). AUSTERMAN moved to adopt Ordinance No. FY2013 -05 in first reading to advance to public hearing at the next regular meeting of the Assembly. The Borough's Resource Management Officer requested an expedited review of the tax foreclosed property, 1311 Larch Street, due to its deteriorated condition and the prospect of substantial Borough effort to protect the remaining value of the property before the onset of winter. The Planning and Zoning Commission reviewed the property as required by KIBC 18.30.020 and found that there was no compelling public purpose that would justify the Borough to keep the property, and the City of Kodiak was offered the property and declined the offer. The Commission held a public review of the case at its regular meeting of September 19, 2012. A copy of the resolution and other related case materials were provided for the Assembly's review and Kodiak Island Borough Assembly Minutes October 4, 2012 Page 4 consideration in accord with the applicable provision of KIBC 18.20 Real Property Disposal — In General. ROLL CALL VOTE ON MOTION CARRIED SIX TO ONE: Kaplan, Lynch, Stutes, Austerman, Bonney, and Friend (Ayes); Stephens (No). 2. Ordinance No. FY2013 -06 Amending Title 2 Administration and Personnel Chapter 2.35 Conflict of Interest by Adding Section 2.35.015 Restrictions on Employment and Personal Services Contracts. STEPHEN moved to adopt Ordinance No. FY2013 -06 in first reading to advance to public hearing at the next regular meeting of the Assembly. This ordinance was drafted and requested by Assembly member Stephens. The ordinance would prohibit simultaneous employment of personal services contracts with the Borough by the Mayor and Assembly members. It also allowed for the termination of the individual's term of office as well as termination of any contract between the individual and the Borough. ROLL CALL VOTE ON MOTION FAILED FOUR TO THREE : Austerman, Bonney, Kaplan, and Lynch (Noes); Stephens, Stutes, and Friend. Other Items ' 1. Assembly Direction to Manager That All Further Performance and Payment Under Contract No. FY2012 -24, a Professional Services Contract Between KIB and Kodiak Construction Services, Together With Any and All Purchase Orders or Directives Issued in Reliance Thereon, be Suspended Until Such Time as Said Contract Has Been Ratified and Approved Pursuant to an Ordinance Passed by the Assembly. STEPHENS moved to direct the Manager (Administrative Official) to suspend all further performance, payment, and actions of any kind under Contract No. FY2012 -24, a professional services contract between the Borough and Kodiak Construction Services, together with any and all purchase orders or directives issued in reliance thereon, be suspended until such time as said contract has been ratified and approved pursuant to an ordinance passed by the Borough Assembly. Assembly member Lynch declared a conflict of interest. Mayor Selby ruled in favor of the conflict of interest and Assembly member Lynch stepped down from the dais. This item was requested by Assembly member Stephens. Assembly member Stephens summarized his reasoning for bringing the item before the Assembly. ROLL CALL VOTE ON MOTION FAILED FOUR TO TWO: Austerman, Bonney, Friend, and Kaplan (Noes); Stephens and Stutes (Ayes). CITIZENS' COMMENTS Alan Torres thanked the Assembly for its hard work. Kate Ballenger expressed disappointment in the Assembly. Kodiak Island Borough Assembly Minutes October 4, 2012 Page 5 Dan Rohrer spoke in support of a future ordinance regarding conflict of interest. Scott Arndt spoke in support of a future ordinance regarding conflict of interest and expressed disappointment on the sole source contract. ASSEMBLY MEMBER COMMENTS Assembly member Stephens spoke in support of legal opinions being released to the public. Assembly member Bonney spoke on a future ordinance regarding conflict of interest. Assembly member Lynch addressed the community and spoke to the professional services contract Kodiak Construction Services held with the Borough. Assembly members Friend and Kaplan congratulated elected officials and thanked the Clerk's staff for conducting the election. Assembly member Austerman spoke to the comments expressed regarding the Kodiak Construction Services contract with the Borough. Announcements The next Assembly work session would be held on Thursday, October 11 at 7:30 p.m. in the Borough Cohference Room. The next regular meeting was scheduled on Thursday, October 18 at 7:30 p.m. in the Borough Assembly Chambers. ADJOURNMENT KAPLAN moved to adjourn the meeting. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Austerman, Bonney, Friend, Kaplan, Lynch, Stephens, and Stutes. The meeting was adjourned at 9:45 p.m. KODIAK ISLAND BOROUGH ATTEST: Jerome M. Selby, Mayor Nova M. Javier, MMC, Borough Clerk Approved on: Kodiak Island Borough Assembly Minutes October 4, 2012 Page 6 KODIAK ISLAND BOROUGH Assembly Regular Meeting October 18, 2012 A regular meeting of the Kodiak Island Borough Assembly was held on Thursday, October 18, 2012, in the Assembly Chambers of the Kodiak Island Borough Building, 710 Mill Bay Road. The meeting was called to order at 7:30 p.m. Mayor Selby led the Pledge of Allegiance. Present were Mayor Jerome Selby, Assembly members Tuck Bonney, Jerrol Friend, Chris Lynch, Mel Stephens, and Louise Stutes. Staff members present were Administrative Official Bud Cassidy, Finance Director Karl Short, Clerk Nova Javier, and Deputy Clerk Marylynn McFarland. FRIEND moved to excuse Assembly members Austerman and Kaplan who were absent due to personal leave. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF AGENDA AND CONSENT AGENDA STUTES moved to approve the agenda and consent agenda. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF MINUTES None. AWARDS AND PRESENTATIONS Administrative Official Cassidy presented the Employee of the Quarter Award to Dora Cross, Revenue Accountant in the Finance Department. Administrative Official Cassidy presented a twenty -five year longevity award to Martin Lydick, Associate Planner /Enforcement in the Community Development Department. Mayor Selby recognized Nick Pletnikoff for his volunteer services at the Kodiak Island Borough. CITIZENS' COMMENTS April Eads and Amanda Bowers addressed the recent bear problem and asked that the Borough work with Alaska Waste to make garbage receptacles bear resistant and /or make the receptacles available. Ray Estrada, an Alaska Waste employee, explained that garbage roll carts worked throughout the state of Alaska when the customers follow the rules and bag their garbage correctly. Kodiak Island Borough Assembly Minutes October 18, 2012 Page 1 Tony Bravo who lives outside of the City limits addressed the problem of full garbage dumpsters. COMMITTEE REPORTS Assembly member Lynch reported that the Fisheries Work Group met Monday, October 15 to discuss the results of fishery meetings in Anchorage. PUBLIC HEARING 1. Ordinance No. FY2013 -05 Determining the Disposition of a Tax Foreclosed Property and Establishing Intention to Surplus and Sell Said Property by Finding That a Public Need Does Not Exist for the Property and Authorizing the Property for Immediate Disposal (P &Z Case 13- 011). FRIEND moved to adopt Ordinance No. FY2013 -05. The KIB Resource Management Officer requested an expedited review of the tax foreclosed property at 1311 Larch Street due to its deteriorated condition and the prospect of substantial borough effort to protect the remaining value of the property before the onset of winter. The Commission reviewed this property as required by KIBC 18.30.020 and found there was no compelling public purpose that would justify the borough to keep the property. The City of Kodiak was offered the property and declined that offer. The Planning and Zoning Commission held a public review of the case at its September 19, 2012 regular meeting. A copy of the resolution and other related case materials were provided to the Assembly for review and consideration in accord with the applicable provision of KIBC 18.20 Real Property Disposal — In General. The Borough Assessor valued the building and property between $70,000 - $80,000. Mayor Selby opened the public hearing. Seeing and hearing none, Mayor Selby closed the public hearing. ROLL CALL VOTE ON MOTION CARRIED FOUR TO ONE: Bonney, Friend, Lynch, and Stutes (Ayes); Stephens (No). BOROUGH MANAGER'S REPORT (Administrative Official Cassidy) Administrative Official Cassidy reported on the following: • Program of removing metals from the villages was on hold because of federal budget cut backs. • Addressed the issue of bears and reported that Alaska Waste and the Borough had issued public service announcements. Contact numbers were given for the public to report incidences. MESSAGES FROM THE BOROUGH MAYOR Mayor Selby reported on his meetings with the North Pacific Fisheries Management Council (NPFMC) where the City and Borough submitted joint by -catch recommendations. Mayor Selby requested that the City and Borough schedule a joint work session early January 2013 to discuss future input for the NPFMC February 2013 meeting. Kodiak Island Borough Assembly Minutes October 18, 2012 Page 2 UNFINISHED BUSINESS 1. Reconsideration of Assembly Direction to Manager That All Further Performance and Payment Under Contract No. FY2012 -24, a Professional Services Contract Between KIB and Kodiak Construction Services, Together With Any and All Purchase Orders or Directives Issued in Reliance Thereon, be Suspended Until Such Time as Said Contract Has Been Ratified and Approved Pursuant to an Ordinance Passed by the Assembly. Assembly member Lynch announced a conflict of interest with Contract No. FY2012 -24. Mayor Selby ruled there was a conflict and Assembly member Lynch stepped down from the dais. FRIEND moved to reconsider the vote taken on the Other Items agenda item directing the manager to suspend all further performance, payment, and actions of any kind under Contract No. FY2012- 24, a professional services contract between the Borough and Kodiak Construction Services, together with any and all purchase orders or directives issued in reliance thereon, be suspended until such time as said contract had been ratified and approved pursuant to an ordinance passed by the Borough Assembly; it being the intent of the motion that, until such an ordinance had been passed and became effective, said contract, purchase orders, and directives, if any, should be treated as if never executed. On October 5, 2012, Assembly member Friend, seconded by Assembly member Stephens, filed a motion to reconsider the vote taken on the "Other Items" titled above. ROLL CALL VOTE ON MOTION TO RECONSIDER FAILED THREE TO ONE: Friend, Stephens, and Stutes (Ayes); Bonney (No). NEW BUSINESS Contracts 1. Contract No. FY2013 -12 Procurement of a Membrane Equipment System for the Kodiak Island Borough Landfill Lateral Expansion Phase III Leachate Treatment Plant. BONNEY moved to authorize the Manager to execute Contract No. FY2013 -12 for the procurement of a Membrane Equipment System for the Kodiak Island Borough Landfill Lateral Expansion Phase III Leachate Treatment Plant Project with ZENON Environmental Corporation d /b /a GE Water & Process Technologies of Oakville, Ontario, Canada in an amount not to exceed $2,044,503. Kodiak Island Borough Code 3.16.020 "Limitation of Manager's Authority" stated that a contract exceeding $25,000 required Assembly approval. This contract was for the procurement of a Membrane Equipment System for the Kodiak Island Borough Landfill Lateral Expansion Phase III Leachate Treatment Plant as shown in the proposal documents prepared by CH2MHill, Inc. The proposal documents, bid documents, and associated addenda were provided for review. Proposals were received in response to KIB's Invitation to Bid dated July 16, 2012, and two proposals were opened on August 16, 2012. After reviewing proposals and responses to the evaluation questions, staff determined that ZENON Environmental Corporation d /b /a GE Water & Kodiak Island Borough Assembly Minutes October 18, 2012 Page 3 Process Technologies of Oakville, Ontario, Canada was the responsible proposer having submitted the lowest proposal. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Lynch, Stephens, Stutes, Bonney, and Friend. Mayor Selby recessed the meeting at 8:18 p.m.; the meeting reconvened at 8:30 p.m. 2. Contract No. FY2013 -13 Employment Contract Between the Kodiak Island Borough Assembly and Erick A. Strahl as Manager. BONNEY moved to approve Contract No. FY2013 -13 Employment Contract Between the Kodiak Island Borough and Erick A. Strahl as Manager. The process of hiring for the Kodiak Island Borough Manager started in April 2012. The Assembly interviewed six candidates and offered the position to Mr. Erick A. Strahl. A negotiating team comprised of Mayor Selby and Assembly member Stephens was formed by the Assembly to discuss the terms of the contract with Mr. Strahl. BONNEY moved to postpone Contract No. FY2013 -13 Employment Contract Between the Kodiak Island Borough and Erick A. Strahl as Manager to November 1, 2012. ROLL CALL VOTE ON MOTION TO POSTPONE FAILED FOUR TO ONE: Stutes, Bonney, Friend, and Stephens (Noes); Lynch (Aye). ROLL CALL VOTE ON MOTION TO APPROVE CONTRACT NO. FY2013 -13 FAILED UNANIMOUSLY: Friend, Lynch, Stephens, Stutes, and Bonney. FRIEND moved to convene into executive session to discuss Contract No. FY2013 -13 Employment Contract Between the Kodiak Island Borough and Erick A. Strahl as Borough Manager which qualified for executive session as a matter which would tend to defame or prejudice the character or reputation of any person. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Bonney, Friend, Lynch, Stephens, and Stutes. Mayor Selby invited the Borough Assembly, Administrative Official Cassidy, Clerk's office staff, and incoming Assembly member Griffin into executive session. After the vote, Mayor Selby recessed the regular meeting at 8:25 p.m. and convened the executive session. Upon returning from the executive session, Mayor Selby reconvened the regular meeting at 8:35 p.m. and gave direction to Clerk Javier to reopen the recruitment process for the Borough Manager position. Mayor Selby explained that Mr. Erick A. Strahl had declined the position of Borough Manager. Kodiak Island Borough Assembly Minutes October 18, 2012 Page 4 Resolutions 1. Resolution No. FY2013 -14 Ratifying and Certifying the Results of the Municipal Election Held October 2, 2012. STUTES moved to adopt Resolution No. FY2013 -14. The Election Canvass Board met on Thursday, October 4, 2012, and started the canvassing for the October 2, 2012 Municipal Election. The Canvass Board met again on Wednesday, October 10, 2012 to finish the canvassing. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Friend, Lynch, Stephens, Stutes, and Bonney. Ordinances for Introduction 1. Ordinance No. FY2013 -07 Approving a Rezone for Lot 3, Block 4, Port Lions Subdivision 3rd Addition From R1- Single Family Residential To PL- Public Use Zoning District (Case 13 -010). FRIEND moved to adopt Ordinance No. FY2013 -07 in first reading to advance to public hearing at the next meeting of the Assembly. This rezone was initiated by the Planning and Zoning Commission to address the construction of a public facility (water treatment plant) on a R1- Single Family zoned residential lot. This action addressed a citizen complaint. The site was adjacent to existing Public Lands (PL) zoned lot. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Stephens, Stutes, Bonney, Lynch, and Friend. 2. Ordinance No. FY2013 -08 Amending Title 2 Administration and Personnel Chapter 2.125 Architectural /Engineering Review Board Section 2.125.030 Qualifications. LYNCH moved to adopt Ordinance No. FY2013 -08 in first reading to advance to public hearing at the next meeting of the Assembly. This ordinance was requested by Mayor Selby. The Board was currently served by six members and an Assembly member representative. The change would make the board consistent with the other Assembly boards in which Assembly members appointed serve in an ex- officio capacity. Adding an additional seat to the board would open up opportunities from the public to serve on this board. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Stutes, Bonney, Lynch, Friend, and Stephens. Other Items 1. Administer Oath of Office to Newly Elected Officials. Clerk Javier administered the Oath of Office to newly elected Assembly members Aaron Griffin and Chris Lynch. Kodiak Island Borough Assembly Minutes October 18, 2012 Page 5 2. Presentation to Outgoing Assembly Members. Mayor Selby presented a plaque to outgoing Assembly member Friend. 3. Declaring a Seat on the Womens Bay Service Area Board Vacant. This item was approved under consent agenda. On September 27, 2012, the Clerk's Office received notification of Mr. Dennis Hilsinger's resignation from the Womens Bay Service Area Board, for the seat term to expire October 2014. With regret, the resignation of Mr. Dennis Hilsinger from the Womens Bay Service Area Board was accepted and the seat declared vacant. The Borough Clerk was directed to advertise the vacancy per Borough Code. CITIZENS' COMMENTS Rick Vahl spoke on behalf of Alaska Waste thanking the customers that spoke at the Assembly meeting and addressed the recent bear issue encouraging community outreach. ASSEMBLY MEMBER COMMENTS Assembly member Stutes thanked Nick Pletnikoff for his volunteer hours and spoke to the bear and garbage problem. Assembly member Stephens thanked those persons that spoke about their bear and garbage concerns. Assembly member Bonney addressed the recent contract issue and the necessity for a code change. Assembly member Lynch congratulated Martin Lydick for his tenure at the Borough, thanked Nick Pletnikoff for his volunteer help, and thanked Rick Vahl for positive involvement in the garbage and bear issues. Assembly member Friend congratulated Dora Cross, Martin Lydick, and Nick Pletnikoff for their contributions at the Borough. He also encouraged the community to participate in the government process and welcomed his new granddaughter, Ariana, into the world. Announcements The next Assembly work session would be held on Thursday, October 25, 2012, at 7:30 p.m. in the Borough Conference Room. The next regular meeting was scheduled on Thursday, November 1, 2012, at 7:30 p.m. in the Borough Assembly Chambers. The Assembly and City Council would hold a Joint Work Session on Tuesday, October 30, 2012, at 7:30 p.m. in the Borough Assembly Chambers. Kodiak Island Borough Assembly Minutes October 18, 2012 Page 6 ADJOURNMENT FRIEND moved to adjourn the meeting. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Bonney, Friend, Lynch, Stutes, and Stephens. The meeting was adjourned at 8:55 p.m. KODIAK ISLAND BOROUGH ATTEST: Jerome M. Selby, Mayor Nova M. Javier, MMC, Borough Clerk Approved on: Kodiak Island Borough Assembly Minutes October 18, 2012 Page 7 KODIAK ISLAND BOROUGH Assembly Regular Meeting November 1, 2012 A regular meeting of the Kodiak Island Borough Assembly was held on Thursday, November 1, 2012, in the Assembly Chambers of the Kodiak Island Borough Building, 710 Mill Bay Road. The meeting was called to order at 7:30 p.m. The invocation was given by Major John Quinn of the Salvation Army. Mayor Selby led the Pledge of Allegiance. Present were Mayor Jerome Selby, Assembly members Carol Austerman, Tuck Bonney, Aaron Griffin, Dave Kaplan, Chris Lynch, Mel Stephens, and Louise Stutes. Staff members present were Administrative Official Bud Cassidy, Clerk Nova Javier, and Assistant Clerk Jessica Kilborn. APPROVAL OF AGENDA AND CONSENT AGENDA BONNEY moved to approve the agenda and consent agenda. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF MINUTES A. Regular Meeting Minutes of September 20, 2012 were approved under the consent agenda. AWARDS AND PRESENTATIONS Mayor Selby presented the Student of the Month Awards for October 2012 to Cheyenne Cagle, a junior at the Learning Center and Alyssa Chichenoff, a senior at Ouzinkie School. CITIZENS' COMMENTS Toby Sullivan, Executive Director of Kodiak Maritime Museum (KMM), thanked the Assembly for the non -profit funding for KMM and gave an update on the Thelma C project. Ken Rienke, Director of Threshold Services, reported on the recycling outreach campaign which began the last week of September. COMMITTEE REPORTS Assembly member Stutes noted that the Kodiak Fisheries Advisory Committee would meet on November 9, 2012, 9 a.m. to 12 p.m. at the Kodiak College. PUBLIC HEARING 1. Ordinance No. FY2013 -07 Approving a Rezone for Lot 3, Block 4, Port Lions Subdivision 3 Addition From R1- Single Family Residential To PL- Public Use Zoning District (Case 13 -010). BONNEY moved to adopt Ordinance No. FY2013 -07. The rezone was initiated by the Planning and Zoning Commission to address the construction of a public facility (water treatment plant) on a R1- Single Family zoned residential lot. This action addressed a citizen complaint. The site was adjacent to existing Public Lands (PL) zoned lot. Public hearing notices were sent out on October 22, 2012. Responses were provided to the Assembly at the regular meeting. Kodiak Island Borough Assembly Minutes November 1, 2012 Page 1 Mayor Selby opened the public hearing. Seeing and hearing none, Mayor Selby closed the public hearing. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Austerman, Bonney, Griffin, Kaplan, Lynch, Stephens, and Stutes. 2. Ordinance No. FY2013 -08 Amending Title 2 Administration and Personnel Chapter 2.125 Architectural /Engineering Review Board Section 2.125.030 Qualifications. KAPLAN moved to adopt Ordinance No. FY2013 -08. This ordinance was requested by Mayor Selby. The Board was currently served by six members and an Assembly member representative. This change would make the board consistent with all the other Assembly boards in which Assembly members appointed serve in an ex- officio capacity. Also, adding another seat to this board would open up opportunities for the public to serve on the board. Mayor Selby opened the public hearing. Seeing and hearing none, Mayor Selby closed the public hearing. ROLL CALL VOTE ON MOTION CARRIED: Bonney, Griffin, Kaplan, Lynch, Stephens, Stutes, and Austerman. BOROUGH MANAGER'S REPORT (Administrative Official Cassidy) Administrative Official Cassidy reported on the following: • The Projects Office was moving forward on its workload. The excavation work at the landfill scheduled for Phase III (Water Treatment Plant) would be included within Phase II to be more cost effective as a contractor was presently at the landfill doing other excavation work. • The Borough would hold possible negotiations for the Project Manager recruitment during the week of November 5. • The Project Management Request for Proposals opening was held during the week of October 29; the next steps were to score the proposals for interviews and potentially enter into a contract in December 2012. • Borough Lobbyist Mark Hickey requested Wednesday, March 13, 2013, as the potential date for the Community Reception in Juneau. MESSAGES FROM THE BOROUGH MAYOR Mayor Selby noted a power point presentation regarding what happens at the local government level in regards to Sequestration was received from the National Association of Counties. The information would be made available to the Assembly. UNFINISHED BUSINESS None. NEW BUSINESS Reorganization of the Kodiak Island Borough Assembly 1. Election of Deputy Presiding Officer. Mayor Selby opened the nominations. BONNEY moved to nominate Louise Stutes as deputy presiding officer. AUSTERMAN moved to nominate Chris Lynch as deputy presiding officer. Kodiak Island Borough Assembly Minutes November 1, 2012 Page 2 Mayor Selby closed the nominations. Ballots were distributed to Assembly members. Clerk Javier announced the results of the election; Assembly member Lynch was elected to serve as Deputy Presiding Officer. Contracts None. Resolutions None. Ordinances for Introduction None. Other Items 1. Mayoral Appointments of Assembly Member Representatives to Boards and Committees. This item was approved under the consent agenda. The Assembly confirmed the mayoral appointments of assembly member representatives to Boards, Committees, Commissions, and Councils as follows: Architectural Review Board Aaron Griffin Economic Development Committee Jerome Selby Emergency Services Council Jerome Selby Fisheries Oceanic Research Board Jerome Selby Joint Building Code Review Committee Mel Stephens Kodiak College Council Dave Kaplan Kodiak Fisheries Work Group (Adhoc) Chris Lynch, Dave Kaplan, and Louise Stutes Kodiak Fisheries Advisory Committee Louise Stutes Parks and Recreation Committee Aaron Griffin Project Advisory Committee Louise Stutes Providence Health System Service Area Board Carol Austerman School District Budget Advisory Committee Mel Stephens School District Facilities Review Committee Chris Lynch School District Strategic Planning Committee Carol Austerman Solid Waste Advisory Board Tuck Bonney CITIZENS' COMMENTS None. ASSEMBLY MEMBER COMMENTS Assembly members Kaplan and Stutes commended Threshold Recycling on the outreach campaign radio advertisements. Assembly members Austerman, Kaplan, and Lynch congratulated the Student of the Month award recipients. Assembly member Griffin reminded the Assembly of the Joint Work Session with the School Board scheduled on Thursday, November 8, 2012, at 6:30 p.m. Kodiak Island Borough Assembly Minutes November 1, 2012 Page 3 Assembly member Lynch commended Kodiak Maritime Museum on its hard work for the community. Assembly member Austerman congratulated Assembly member Lynch on her election as Deputy Presiding Officer. Announcements The Assembly and School District Board would meet in a Joint Work Session on Thursday, November 8 at 6:30 p.m. in the School District Conference Room. Immediately following the Joint Work Session the Assembly would hold a Work Session in the Borough Conference Room. The Assembly regular meeting of Thursday, November 15 was canceled. The next work session was scheduled on Thursday, November 29 at 7:30 p.m. in the Borough Conference Room. The next regular meeting was scheduled on Thursday, December 6 at 7:30 p.m. in the Borough Assembly Chambers. The Borough offices would be closed on Monday, November 12 in observance of Veteran's Day. The Borough Clerk's Office would be closed November 12, 13, and 14, and would reopen for business on Thursday, November 15 at 8 a.m. The Mayor and members of the Assembly would be traveling November 12 -16 to attend the Alaska Municipal League Conference in Anchorage. ADJOURNMENT STUTES moved to adjourn the meeting. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Griffin, Kaplan, Lynch, Stephens, Stutes, Austerman, and Bonney. The meeting was adjourned at 8 p.m. KODIAK ISLAND BOROUGH ATTEST: Jerome M. Selby, Mayor Nova M. Javier, MMC, Borough Clerk Approved on: Kodiak Island Borough Assembly Minutes November 1, 2012 Page 4 m -: KODIAK ISLAND BOROUGH "-01 S1d l �. . ^..„ t -A ` AGENDA STATEMENT 7 ; ovi REGULAR MEETING OF: DECEMBER 6, 2012 ITEM NO.: 13.B.1 TITLE: Resolution No. FY2013 -02 Reestablishing the Fees of the Kodiak Island Borough. ORIGINATOR: Finance Staff FISCAL IMPACT: ❑ Yes $ - or ® No Funds Available ❑ Yes ❑ No Account Number: Amount Budgeted: ATTACHMENTS: Resolution No. FY2013 -02; Fee schedule APPROVAL FOR AGENDA: j > SUMMARY STATEMENT: Prudent financial management dictates that an organization reviews its fees on at least an annual basis. KIBC 3.10.190 Review of service fees. Not less than on the beginning of every calendar year, the finance director shall prepare a list of all fees for services charged by the various departments of borough government. The list shall be submitted to the departments involved for comments concerning the fees and a recommendation as to whether or not the fee or fees should be raised, lowered, or remains the same. The finance director shall submit a report of his findings, including the department comments and recommendations, to the manager for presentation to the assembly. The assembly may, by resolution, raise or lower any fee on the submitted list. Staff has compiled a list of current fees and has recommended several changes to the fee resolution. RECOMMENDED MOTION: Move to adopt Resolution No. FY2013 -02. Kodiak Island Borough Page 1 of 1 1 Introduced by: Borough Manager 2 Requested by: Finance Director 3 Drafted by: Finance Director Introduced on: 12/06/2012 4 Adopted on: 5 6 7 KODIAK ISLAND BOROUGH 8 RESOLUTION NO. FY 2013 -02 9 10 A RESOLUTION OF THE KODIAK ISLAND BOROUGH ASSEMBLY 11 REESTABLISHING THE FEES OF THE KODIAK ISLAND BOROUGH 12 13 WHEREAS, prudent financial management dictates that an organization review its fees on 14 an annual basis; and 15 16 WHEREAS, Kodiak Island Borough Code 3.10.190 ordains that all fees be reviewed on an 17 annual basis; and 18 19 WHEREAS, it is recognized that if a service or program benefits only a select individual or 20 group of individuals, those individuals or group of individuals should pay for the service; and; 21 and 22 23 WHEREAS, staff has compiled a list of all current fees; and 24 25 WHEREAS, staff has recommended changes to the current fee schedule for fiscal year 26 2013 as shown on the attached exhibit. 27 28 NOW, THEREFORE BE IT RESOLVED, THAT THE ASSEMBLY OF THE KODIAK 29 ISLAND BOROUGH: 30 31 Section 1: The attached exhibit of schedule of fees become effective January 1, 2013. 32 33 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 34 THIS OF 2012 35 36 KODIAK ISLAND BOROUGH 37 38 39 40 ATTEST: Jerome M. Selby, Borough Mayor 41 42 43 44 Nova M. Javier, MMC, Borough Clerk Kodiak Island Borough Resolution No. FY2013 -02 Page 1 of 1 a u g :! _. �. ti - . KODIAK ISLAND BOROUGH FEE SCHEDULE Effective July 1, 2011 January 1, 2013 Aphabetical Section ADMINISTRATIVE SERVICE FEES: Administrative Service Fees 3% of entity's budge) Federal 8, State Grants Per grant agreement Amount of Grant x Percent Up to 5100,000.00 x 3% Up to $ 3,000.00 5100,000.01 to $500,000.00 x 2.5% 52,500.00 - 512,500.00 $500,000.01 to $1,000,000.00 x 2% 510,000.00 - 520,000.00 $1,000,000.01 and up x 1.5% $15,000.00 and up BAYSIDE FIRE STATION COMMUNITY TRAINING CENTER Copy of Fire Reports 525.00 One -had of Training Center. per half day (1 -6 hrs, max 49 people $15.00 One -half of Training Center, per day (6 -10 hrs, max 49 people 525.00 Full Training Center, per half day (1 -6 hrs, max 100 people 530.00 Full Training Center, per day (6 -10 hrs, max 100 people 550.00 Refundable Cleaning Deposit 550.00 Notes: Non-profit organizations and public safety agencies who do not charge a fee for the activity being conducted may apply for a waiver of Training Center use fes BOROUGH CODE OF ORDINANCES Borough Code, Complete 5200.00 Supplement Service (Annual Fee; $75.00 Title 15, complete $7.50 Fast 20 pages free, $0 25 thereafter Title 16, complete first 20 pages free, 50.25 thereafter Title 17, complete first 20 pages free, $0.25 thereafter BOROUGH RECORDS 2007 Comprehensive Plan (bound copy 5100.00 Audio Recording CD 55.00 Audio Recording (sent by email' no charge Certified copies (does not include copy charges $5.00 Copy, scan any single file to CD or DVD, per disk. This includes any large scale maps $5.00 Copies, per page fin) 20 pages free, $0.25 thereafter Comprehensive plans, paper 525.00 Research Service, records recovery (1 hr minimum)also see listed in Mapping and Research Services Personnel cost per KIBC 2 -40 -040 Research Service, data analysis (1 hr minimum) also see listed in Mapping and Research Services Personnel cost per KIBC 2 -40 -041 GENERAL SERVICES 0 ... .. • p9F5guare -f694 $9.83 DELETE:negotiated under contract/lease •+- •-• - s. - - • .•..' $1-10 DELETE:negotiated under contract/lease Copies, per page, general public 50.25 Copies, per page, government and non - profit: $0.05 Electronically Reproduced Records first 20 pages free, $0 25 thereafter Interest on miscellaneous account: 12% annually New/Transfer Liquor License 540.00 paper /code review ADD: fee to cover onsite code and internal tax delinquency reviews New/Transfer Liquor License 51.00 per notice mailed Non -filing or late filing fee for special taxes (Severance and Bed $50 per filing NSF Check Fee 525.00 Research Service, records recovery (1 hr minimum) $40.00 /Hr Research Service, data analysis (1 hz mi)imum) 560.00/Hr Wire Transfer Fee 525.00 KODIAK FISHERIES RESEARCH CENTER Main Lobby (upstairs/down - fee includes large conference room) $250.00 Refundable cleaning deposit, main lobb' 5300.00 Large Conference Room 550.00 Refundable cleaning deposit, large conference roon 550.00 Small Conference Room 540.00 Refundable cleaning deposit, small conference roon 530.00 NOTE: Non -profit organizations and public safety agencies who do not charge a fee for the activity being conducted may apply for a waiver of KFRC fees. PLOTTED -MAPS- rn $14-09/path DELETE:obsolete Wges(44•41fyea4Jgy_pend pap' 5.4.50/04 -14 DELETE: see below keatesgsw414eLeallets-p.1.94.-qualilty,pa pc* $1J.nfr Et DELETE: see below Lipq yrawiwge $bggkq -B DELETE:obsolete REPRODUCTION AND MAPPING COSTS: BFagini-aNel-pLettimj GIS services. (1/4 hr minimum) $43,0064-Seo.00 /hr y." :e . .... ... ) $944 DELETE:obsolete p 5400,00 DELETE: see below • 5144/page DELETE: see below X9fBM - Rgad - DELETE: see below 2 $3.00 DELETE: see below 244 $490 DELETE: see below Standard-24—L4-362 SSOO DELETE: see below MB d6Tx - 36" $4O0 DELETE: see below 7r" " 8" $12-00 OELETE. see below Largo 38" x $1560 DELETE: see below 26= -x-Z2� $4800 DELETE: see below 36" x n4T $2100 DELETE: see below X6rBx -MW0r DELETE: see below $8.00 DELETE: see below 2d= - x - 24T 1640 DELETE: see below 24 3 141"00 DELETE: see below $40400 DELETE: see below 3$" "$" $4500 DELETE: see below 9 TS" x $^" 120 DELETE: see below 36T-x -42' $2580 DELETE see below 36'-x-8 $30.00 DELETE see below PRINTSICOPIES Bond $1.00 sq ft Semi Gloss $2 00 sq ft Mylar $3.00 sq 10 8.5 X 11 inch first 20 pages free, $0.25 thereafter 11 X 17 inch first 10 pages free. $0.50 thereafter NOTE: No copying or commercial use except for reference SPECIAL ASSESSMENT AND PROPERTY TAX FEES Foreclosure /Attorney Fee actual cost Publication Fee actual cost Interest 12% annually Penalty 10% one time charge Arranged by title section DELETE: contract with City cancelled and A ANWPai-GOMEGIallSGF this code section is no longer enforced fi ewo,T mawila4epfreeLLFLapMeaf0,0e �dppw3Eanee use m .'Tarry "outapp° "raise ense ... $56,00 $8230 a 3rd- efferase $110.00 Tt 4 ^^r3 ti<inC r,o4620 - 3N-enense $2.7.50 $5649 — c.3rd- eNenae $82.50 1) T eeis94X416- s.ea,a4a —a-lst e6ense $23.30 - 24aaRense $54.00 —4.- 3Kbotterase $82.50 .. i .. .. ...... • - • $56.60 —b..nd eflense 482.$0 39d o'° "q $149.00 _a- slenense bneradatepy-seabLappeararase — b- 2m4Tattense mandateryesucTappgaranca use — 4 .a e N...,.,. 12740 -2ad9gaa68 $5569 48240 .1 .. - .... .. 42440 �- 2nd -Bffen $54.90 0.2rdeffense 48250 8 3 -- Tag - and - ealla n. $2, —11- 2ndeffease $3609 3 892-50 a we • - ,. $5-011 :50-011 License-Rees 1) ..M'.. 9 "9 (p^r y....; $35440 24-F-amale9og -(po youi $3540 $19,90 4 434pkeatelag- (eaolh 1590 Miec. I au- r 6 ...'.. .. .... - : :) $20.00 •• -:':- '•. .- : -- a.fua16e6 SOLID WASTE COLLECTION AND DISPOSAL RATES: TITLE 8 Solid Waste Disposal fees at the landfill site: Appliances Appliances Other, residential no charge Refrigerators, residential no charge Asbestos disposal (Over40.. • - -- Must be delivered In compliance with applicable regulations) $200- miw$200.00 /cy AMENDED: for clarification Batteries Lead acid batteries - residential no charge Lead add batteries - commercial $6.00 per large, $3.00 per small Lithium batteries $6.00 per large, $3.00 per small Commercial garbage $20.00 min, $150 /ton Construction/ demolition (residenliaVcommercial /industrial /institutional) debris. Any mixed construction loads that have greater than 10% metals will not be accepted. $20.00 min, $150/ton Fishing gear - line & web only $150/ton Equipment usage to OH load customer waste $75.00 /hour, $75.00 minimum Garbage truck of borough collection contractor $150 /ton Garbage truck of United States Coast Guard contractor $150 /ton Household Hazardous Waste - 40 pound limit/month No charge Greater than 40 pounds/month $1.00/15 House trailers (measured per trailers longest dimension) $25.00 /If Incineration Document Incineration $1.50/Ib, $15.00 minimum Incineration of animals - cremation (up to 200 pounds), separated in incinerate unit, but not always the only animal in the unit. $200.00 Incineration of animals - eulhanized $1.504b, $15.00 minimum Incineration of medical/infectious waste - under 10 pounds $25.00 Incineration of medicaVinfectious waste - 10 pound and over. $25.00 + $1.50 /Ib over 10 Ib Incineration of regulated vessel waste $6500 • $20011b over 1015 Landfilling of regulated vessel waste $150 /ton Metals $275 00 /ton (.137115) Oil Used oil - commercial $3.00 /gal Used oil - residential - 5 gallons/month no charge Greater than 5 gallons/month $1.50 /gal Residential garbage from a passenger automobile or pickup truck, up to 500 lb no charge Residential garbage 501 Ibs or greater $150.00 /ton Sludge disposal $125.00 /ton Tires - commercial $32.00 min, $15000/ton Uncovered loads - Additional Charge $35.00 Use of scale to obtain a certified weight $15.00 per ticket Vehicles $475.00 per vehicle A Governmental customers may be served by a private company by direct negotiation for service. Fees will be set. billed and collected by that company. E Commercial and residential solid waste materials collected by the United States Coast Guard, or its representative, for disposal at the Kodiak Island Borough landfill will be charged at the time of disposal al the rate established in this fee schedule, The Kodiak Island Borough will invoice the United States Coast Guard for all or any portion of those fees charged, as agreed upon by the parties. Fees associated with other waste disposal options will be charged based on the applicable fee represented in this schedule. c Dumping commercial waste in residential dumpsters or other business's dumpsters without written permission will result in a $300.00 fine for the first offense and a $1,000.00 fine for the second and subsequent offenses. D Dumping metals, used oil, bilge water, epoxy paint or other hazardous waste items in a commercial or residential dumpster will result in a $300.00 fine for the first offense and a 51,000.00 fine for the second and subsequent offenses. E Companies conducting commercial. industrial and institutional demolition projects need to separate their waste into metal and non -metal loads Mixed loads will not be accepted at the landfill 4 F Metals received at the landfill in the form of tanks or cables must be prepared in an acceptable manner. Tanks must be drained of all fluids and wiped clean. Tanks under 500 gallons must have an 18" square hole cut into it and wiped clean. Tanks over 500 gallons must have one end cut off and wiped clean. Tanks 1.000 gallons and greater must contact Engineering /Facility staff to discuss acceptable criteria. Fishing cable must be cut into 3' lengths. Other metal items must be cut into pieces no greater than 17' long, 7' wide and 5' high. They must be separated from non -metal material (e.g., machinery with hoses or electrical components). G Non -profit organizations will be allowed free disposal of self - hauled household residential waste of up to 1,000 lbs/week. Disposal of large items (e.g., boats, trailers, constriction /demolition debris and metals) will be charged at the same rate as shown in this fee schedule. H Commercial establishments, and /or small quantity generators, who generate hazardous waste must contact an environmental company to property dispose of their waste. 1 Bulky household items such as, but not limited 10, furnishings, lawn mowers and appliances left next to or disposed of within residential dumpalers will result in a $300.00 fine for the first offense and a 51,000.00 fine for the second and subsequent offenses. pefiniticns: Residential waste - Waste generated from your home (for example, household garbage, bulky items such as furnishings and grass/law clippings). It excludes construction/demolition waste Commercial waste - Institutional and industrial organizations or contractors and businesses conducting work for compensation and /or barte Regulated vessel waste - Waste from vessels that have been inspected by U.S. Customs 8 Border Protection Office must be transported by e compliance holder to the landfill and may be landfillod. Waste from vessels that have not been inspected must be transported by a compliance holder and must be incinerated. BUILDING PERMIT FEES: TITLE 15 value = up to 5500.00 515.00 value = 5500.01 - 52.000.00 $15.00 for the first $500 plus 52.00 for each additional 5100.00 or fraction thereof, to and including $2,000.00 value = $2,000.01 - $25,000.00 545.00 for the first 52,000.00 plus 59.00 for each additional 51,00000 or fraction thereof, to and including $25,000.00 value = 525,000 01 - 550,00000 5252.00 for the first 525,000.00 plus 56.50 for each additional $1,000.00 or fraction thereof, to and including 550,000.00 value = 550,000 01 - 4100,000.00 5414.50 for the first 550,000 00 plus 54.50 for each additional 51,000.00 or fraction thereof, to and including $100,000.00 value = $100,000.01 to $500,000.00 5639.50 for the first $100,000.00 plus $3.50 for each additional 51,000,00 or fraction thereof, to and including 5500,000.00 value = 5500,000.01 to 51,000,000.00 52,039.50 for the first $500,000.00 plus $3.00 for each additional 51,000.00 or fraction thereof, to and including $1,000,000 value = 51,000,000.01 and up $3,539.50 for the first $1,000,000.00 plus $2.00 for each additional 51,000.00 or fraction thereof. ELECTRIC PERMIT FEES: TITLE 15 A. The following schedule of fees shall apply to all electrical work for which a permit is required For new construction of electrical work: Single family and duplexes: For temporary work service permit $30.00 For residential single family- new 570.00 For duplex - new 5100.00 For additional wiring, remodeling Residential Only 530.00 All other electrical work For issuance of permit 535.00 For each fixture /duplex outlet/individual switch /emergency light $1.25 For electric heat per kw. installed 51.00 For each power outlet $2.00 For electrical service to 200 amps $20.00 For electrical service over 200 amps 530.00 For each area floodlight, 1st light 520.00 For each additional floodlight $5.00 For generator per k w. output $1.00 For transformers 5 k.v.a. or above $5.00 For motor connections, 15 hp and above 520,00 For transfer switches - manual 55,00 5 For transfer switches - automatic $10.00 For electrical signs 520.00 For (railer couds (each space) 550.00 Each additional (same permit) 510.00 For temporary services $5.00 For environmental control devices per outlet/unit 51.25 B. The following schedule of fees shall apply l0 all electrical work for which a plan review is required: 50.00 - $500.00 835.00 5501.00 - 51,000.00 560.00 51,001.00 - 52,000.00 5100.00 52,001.00 - 53.000.00 5150.00 53, 001.00 - 54,000.00 5200.00 54,001.00 - 56,000.00 5250.00 56,001.00 - up 5300.00 When extra inspections are made necessary by reason of defective work, Or otherwise through taint or error on the part o the holder of the permit, or on the part of the permit holder's official setting forth the violation, only one such extra inspection shall be made under the regular fees as herein prescribed. For each fudher extra inspection for which the holder of the permit or employee is entirely responsible, fees shall be charged as follows: First inspection 540.00 Second inspection 550.00 Each additional inspection 56000 D. The building department shall allow for correction of such work, a maximum of ten working days following the date Of Electric permits after work has started 2 x the published amour. GRADING PERMIT FEES: TITLE 15 50 cubic yards 523.50 51 to 100 c.y. 537.00 101 to 1,000 c.y. 537.00 for 1st 100 cy + 517.50 for ea additional 100 cy 1,001 to 10,000 c.y. 5194.50 for 1st 1,000 cy + 514.50 for ea additional 1,000 cy 10,001 to 100,000 c.y. 5325.00 for 1st 10,000 cy + 566.00 for ea additional 10,000 cy 100,001 c.y. or more 5919.00 for 1st 100,000 cy + 536.50 for ea add 10,000 cy NOTES: The fee for a grading permit authorizing additional work to that under a valid penult shall be the difference between the fees paid for the original permit and the fee shown for the entire project. OTHER FEES: TITLE 15 Additional plan review required by changes, additions or revision to approved plans (1 /2 hr min) $50.00/hr Appeals and Exceptions (15.44) 5350.00 Building Demolition Fee 540.00 Driveway permit fee (15.26) (no fee when included w /bldg permit) $25.00 Inspections for which no fee is specifically indicated 540.00/hr Inspections outside of normal business hours (per hour, 2 hr min) 570.00 Reinspection fees assessed under provisions of section 305 9 540.001hv R.O.W. permit for driveway access 5100.00 PLUMBING PERMIT FEES: TITLE 15 Additional plumbing, remodeling Residential Only 530.00 Single family and duplexes: New duplex 5100.00 New residential single family $70.00 Plus the following additional charges: for each plumbing fixture 57.00 for each gas outlet 55.00 for each water heater & hot water boiler (per 1. 000 btu) 50.20 for automatic sprinkler systems (per head) 51.50 for plumbing alteration work (per outlet) 57.00 All other plumbing work 535.00 Plumbing Permits after work has started 2 x the published amour NOTES: I. Valuations tor determination of permit fees will be based on contact prices or, in the absence of a contract price, the Building Valuation Data as published, by I.C.B.O. Building Standards II. Plan review fees (residential non - engineered) will be 50% of the building permit fee, and plan review fees (residenti[ engineered) will be 20% of the building permit fee III. Plan review fees (commercial) will be 65% of the building permit fee SUBDIVISIONS (GENERALLY KIBC 16.10.060): TITLE 16 Abbreviated /Aliquot Part Plats 5300.00 6 Appeal to Assembly (16.90; 5200.00 Appeal to Commission (16.100) 5200.00 Appeal Record copy, per page $0.15 Review of PBZC Decision (16 90.010) 575.00 Vacations 5350.00 Inspection Services - Genera Personnel ST $40.00/hr OT $56.00/hr DT 572.001hr Vehicle Hours $1.70 /hr Mileage $0.301m1 Administrative Fee 10% Inspection Services - Subdivision Road and Utility Improvement (per lineal ft Improvements for 1 to 12 lots $3.50/If Improvements for 13 lots and more $2.00/1f Materials Approval Services: First Submittal $200.00 Subsequent Reviews 560.00 Plan Review Services: Additional Improvement Plan Reviews $100.00 Improvement Plan Review actual cost Initial and Final Plar 5200.00 Site Grading Plan Review $250.00 Preliminary Plats Creating' 1 to 12 lots 5350.00 13 to 50 lots $350.00 + 520.00 for each additional lot over 12 Over 50 Tots $1,110.00 + $15.00 for each additional lot over 50 Waivers (16.10.050) 575.00 ZONING: TITLE 17 After the fact Zoning Compliance Permits 2 x the published amour, Appeal to Board of Adjustment (17.225) $350.00 Appeal t0 Commission (17.220) 350.00 Appeal Record Copy, per page 50.15 Conditional Use Permit (17.200) 5250.00 Other P&Z Screening Approval (e.g. 17.19.050 C) $150.00 Postponement at Petitioners request - Public Hearing Item 5100.00 Postponement at Petitioner's request - Non-Public Hearing Item 525.00 Review of PSZC Decision (17.215) 5150.00 Variance (17.195) $250.00 Zoning Change (17.205): Less than 1.75 acres 5350.00 1.7610 5.00 acres 5750.00 5.01 to 40.00 acres 51.000.00 40.01 acres or more $1,500.00 Zoning Compliance Permit (17.15.060): Less than 1.75 acres 530.00 1 .76 to 5.00 acres 560.00 5.01 to 40.00 acres 590.00 40.01 acres or more 5120.00 BOROUGH REAL PROPERTY: TITLE 18 Land disposal application (18.20_060 A) $350.00 Land Use Permits, annually (18.50.010 C) 5250.00 Material Sales (18.60), Royalty fee, per cubic yard (annually) 52.00 Wood Cutting Permits 525.00 7 KODIAK ISLAND BOROUGH yptddh%� �q$' AGENDA STATEMENT e R Y : REGULAR MEETING OF: DECEMBER 6, 2012 ITEM NO.: 13.B.2 TITLE: Resolution No. FY2013 -15 Authorizing Terms and Conditions For Sale of a Tax Foreclosed Property Legally Described as Lot 17, Block 7, Baranof Heights Subdivision 1s Addition at Borough Land Sale Number Seventeen. ORIGINATOR: Resource Management Officer FISCAL IMPACT: ❑ Yes $ or ❑ No Funds Available ❑ Yes ❑ No Account Number: Amount Budgeted: ATTACHMENTS: Resolution No. FY2013 -15; Land Sale Backup Information APPROVAL FOR AGENDA: k ,(. SUMMARY STATEMENT: The Kodiak Island Borough acquired Lot 17, Block, 7, Baranof Heights Subdivision 1 Addition as a result of the tax foreclosure procedure. The Assembly adopted Ordinance No. FY2013 -05, which determined, consistent with the recomendation of the Planning and Zoning Commission, that a public need does not exist for this property, and authorized the Manager to offer the property for sale by sealed bid auction. This resolution defines the terms of sale previously outlined in Ordinance No. FY2013 -05. To be eligible for consideration to purchase Lot 17, Block 7, Baranof Heights Subdivision 1 Additon, sealed bids must be in the Manager's office by 4 p.m. on January 17, 2013. The bidder will enclose a 10% deposit ($6,650) based on the minimum bid amount indicated in the bid packet, to be paid in cash or other means acceptable to the Borough Finance Director. The remaining balance is to be paid in thirty (30) days. The Borough Assessor has appraised the property within a fair market value range of $70,000- . $80,000, with a recommendation that the property be offered at the lower end of this range. Minimum acceptable bid at the auction shall be not less than ninety five percent (95 %) of the low range of the low market appraised value, or not less than $66,500. This resolution also outlines the procedure available for the previous record owner of the property to claim proceeds of the sale exceeding the amount of taxes owed, penalties, interest, and other related costs (Section 4), and describes conveyance by quitclaim deed (Section 5). This resolution has been reviewed by the Borough Attorney. RECOMMENDED MOTION: Move to adopt Resolution No. FY2013 -15. Kodiak Island Borough Page 1 of 1 Introduced by: Borough Assembly Requested by: Administrative Official 1 Drafted by: Resource Management Officer 2 Introduced: 12/06/2012 3 Public Hearing: 4 Adopted: 5 6 KODIAK ISLAND BOROUGH 7 RESOLUTION NO. FY2013 -15 8 9 A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 10 AUTHORIZING TERMS AND CONDITIONS FOR SALE OF A TAX FORECLOSED 11 PROPERTY LEGALLY DESCRIBED AS LOT 17, BLOCK 7, BARANOF HEIGHTS 12 SUBDIVISION 1 ADDITION AT BOROUGH LAND SALE NUMBER SEVENTEEN 13 14 WHEREAS, the Kodiak Island Borough has acquired Lot 17, Block 7, Baranof Heights 15 Subdivision 1 Addition as a result of the tax foreclosure procedure; and 16 17 WHEREAS, the Assembly adopted Ordinance No. FY2013 -05 which determined that a 18 public need does not exist for tax foreclosed Lot 17, Block 7, Baranof Heights Subdivdision 19 1s Addition and that it be sold; and 20 21 WHEREAS, Ordinance No. FY2013 -05 directed the manager to offer the property by 22 sealed bid auction with the highest bidder taking ownership, and specified terms of sale. 23 24 NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND 25 BOROUGH THAT: 26 27 Section 1: To be eligible for consideration, all sealed bids must be received in the 28 manager's office by 4 p.m. on January 17, 2013. Bidder is to enclose a 29 10% deposit ($6,650) based on the minimum bid amount shown in the bid 30 packet. This payment must be in the form of cash, a cashier's check, bank 31 draft, certified check, or other form acceptable to the Borough Finance 32 Director. The remaining balance must be paid within thirty (30) days. 33 34 Section 2: This property has been appraised by the Borough Assessor within a fair 35 market value range of $70,000 - $80,000, with a recommendation that the 36 property be offered at the lower end of this range. 37 38 Section 3: The minimum acceptable bid at the auction shall be not less than ninety -five 39 percent (95 %) of the low range of fair market appraised value (not less than 40 $66,500). 41 42 Section 4: If the property is sold for more than the amount of taxes, penalties, interests 43 and other related costs, the Borough Finance Director shall provide written 44 notice to the former record owner of the real property advising of the 45 amount of excess and the manner in which a claim for the balance of the 46 proceeds may be submitted. Notice is sufficient if mailed to the former 47 record owner at his /her last address of record. Upon presentation of a 48 proper claim, the Borough shall remit the excess sale proceeds (as 49 determined by AS 29.45.480(B)) to the former owner of record. A claim for Kodiak Island Borough Resolution No. FY2013 -15 Page 1 of 2 • Requested by: Borough Manager P &Z Commisslon 2 Drafted by: Community Development 3 Department Introduced: 10104/2012 • 4 Public Hearing: 10/18/2012 5 Adopted: 10/10/2012 6 7 KODIAK ISLAND BOROUGH 8 ORDINANCE NO. FY2013-05 9 10 AN ORDINANCE OF 7I-1E ASSEMBLY OF THE KODIAK ISLAND BOROUGH 11 DETERMINING THE DISPOSITION OF A TAX FORECLOSED PROPERTY AND 12 ESTABLISHING INTENTION TO SURPLUS AND SELL SAID PROPERTY BY FINDING 13 THAT A PUBLIC NEED DOES NOT EXIST FOR THE PROPERTY AND AUTHORIZING 14 THE PROPERTY FOR IMMEDIATE DISPOSAL (P&Z Case 13 -011) 15 16 WHEREAS, the Kodiak Island Borough has acquired Lot 17, Block 7, Baranof Heights 17 Subdivision 1 Addition as a result of the tax foreclosure procedure; and 18 19 WHEREAS, AS 29.45.460 Disposition and sale of foreclosed property states: 20 21 a) The municipality shall determine by ordinance whether foreclosed 22 property deeded to the municipality shall be retained for a public 23 purpose. The ordinance must contain the legal description of the 24 property, the address or a general description of the property 25 sufficient to provide the public with notice of its location, and the 26 name of the last record owner of the property as the name appears 27 on the assessment rolls. 28 29 b) Tax- foreclosed property conveyed to a municipality by tax 30 foreclosure and not required for a public purpose may be sold. 31 Before the sale of tax - foreclosed property held for a public purpose, 32 the municipality, by ordinance, shall determine that a public need 33 does not exist; and 34 35 WHEREAS, the Kodiak Island Borough Planning and Zoning Commission has reviewed 36 this tax foreclosed property as required by KIBC 18.10.030 and has made a formal 37 recommendation by resolution on the parcels disposition by recommending that this 38 property should NOT be retained for a public purpose; and 39 40 WHEREAS, the Kodiak Island Borough Manager has reviewed the Commission's 41 action, as required by KIBC 18.10.030; and • 42 43 WHEREAS, the Kodiak Island Borough Manager has recommended the tax - foreclosed 44 property described Lot 17, Block 7, Baranof Heights Subdivision 1' Addition is declared 45 not to be of "public need" and be offered for immediate sale; 46 47 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 48 BOROUGH THAT: 49 50 Section 1: This ordinance is not of a general and permanent nature and shall not 51 become a part of the Kodiak Island Borough Code of Ordinances. 52 Kodiak Island Borough Ordinance No. FY2013-05 Page 1 of 2 • • 53 Section 2: Lol 17, Block 7, Baranof Heights Subdivision 1" Addition has been 54 acquired by the Kodiak Island Borough by clerk's deed pursuant to tax 55 foreclosure and it has been determined that a public need does not exist 56 and the property will be sold at the earliest opportunity to do so. 57 58 Section 3: The manager Is directed to offer the property immediately by sealed bid 59 auction and the highest bidder will take ownership. 60 61 Section 4: The terms to be approved by the assembly are: Bidder is to enclose a 10% 62 deposit based on the minimum bid amount shown in the bid packet. The 63 remaining balance must be paid within thirty (30) days. 64 65 Section 2: If the property remains unsold after being offered for sale by sealed bid, the 66 property may be listed online for sale to any approved party for at least the 67 minimum cost. 68 69 70 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 71 THIS EIGHTEENTH DAY OF OCTOBER, 2012 72 73 74 KODIAK ISLAND BOROUGH 75 76 p 77 GC I 78 J '.me M. Selby, Lough ayor 79 80 ATTEST: 81 82 83 Y'V1� 84 Nova M. Javier, MMC, B ough Clerk Kodiak Island Borough Ordinance No. FY2013 -05 Page 2 of 2 1..‘i ,L,^ ," "r 1 \ 0 o® <,7k /slan I* i orou h A .i Assessing Department i .. 4 . &,. �" 710 Mill Bay Road s 4 ' � , Kodiak, Alaska 99615 P hone (9 07) 486 -9353 Fax (907) 486 -9395 E -mail: broberts(a)kodiakak.us October 17, 2012 To: Bob Scholze, KIB Resource Management Officer CC: Bud Cassidy, KIB Acting Manager Re: Fair Market Value of 1311 Larch Street Bob: I have inspected the property located at 1311 Larch Street, reviewed the home inspection report with repair estimates for deficiencies which was completed by Steve Dryden, a licensed home inspector and general contractor, researched the local market for comparable sales, contractor entrepreneurial profit expectations to form an opinion of the current fair market value. Due to the nature of the property, that is the need for extensive repairs and upgrades to make the property habitable, it is my opinion that this fair market value is best represented by a range of $70,000 to $80,000. Further, I suggest offering the property at the lower end of this range due to the possible variables in estimated costs to cure. To determine the current value I estimated the value of the home as repaired by comparing the as prepared property to seven recent market sales of comparable homes. These comparable sales indicated a value range for the subject from about $272,000 to $320,000,five of the seven comparable properties indicating a value of $289,000 to $300,000. In my opinion the most likely sales price based on the current market is $295,000 for the home as repaired. To arrive at the present value the total estimated cost to repair plus profit must be deducted. The total cost of repairs listed on Mr. Dryden's report is $121,000, but does not include any plumbing or wiring repairs as he was unable to test these systems as both the electric and water service had been turned off to the home. To this cost I added a normal 10% contingency for unexpected items that become apparent once work is begun and an added allowance of $25,000 for electric and plumbing issues that will most likely arise once power and water service is resumed. Entrepreneurial profit expectations vary greatly in the market but tend to range between twenty and thirty percent. For my calculations I used a twenty -five percent profit margin. This is applied to the out of pocket costs of both purchase of the home and cost of repairs. Below is a spreadsheet showing the calculations based on a $295,000 final sales price for the property as repaired. AS REPAIRED VALUE ESTIMATE RANGE $272,000 TO 301,000 ESTIMATED VALUE 15 $295,000 Inspector est cost of repairs $121,000 Not include plumbing or electrical Typical Contingency 10% $ 12,100 Plumb & Elect Contingency 20% $ 25,000 Total estimated cost of repairs $158,100 Estimated Sale price completed $ 295,000 As is Sale Price $ 80,000 75000 70000 Est. Repair Cost $ 158,100 $ 158,100 $ 158,100 Total Buyer Cost $ 238,100 $ 233,100 $ 228,100 Entrepreneurial Profit 1.25 $ 297,625 $ 291,375 $ 285,125 Sincerely, illiam ' oberts STEVE DRYDEN PO Box 709 Kodiak, Alaska 99615 487 -2313 General contractor license #16480 October 10, 2012 KIB attic Bob Scholze re: 1311 Larch Street Kodiak, Alaska 99615 Dear Bob, On October 5 and 6 2012, I performed a property assessment on the house located at the above address. The property consists of a two -story three- bedroom house with an attached single -car garage. Apparently the garage was built as an addition on the left end of the existing house and includes a bedroom on the 2nd floor. Water and electricity to the house have been turned off and the boiler has been removed, therefore the electrical, plumbing, and heating systems could not be inspected. The interior of the house is in generally very poor condition with no finished floor coverings in any of the rooms except for the vinyl flooring in the bathrooms and kitchen, which is also in poor condition. All of the windows in the house are either rotted on the outside, have broken glass or seals, or broken opening hardware and none of the windows could be opened. There are two rooms, one on the back right end of the downstairs and another between the garage bedroom and living room on the 2nd floor, which have no windows installed. These rooms would he suitable as bedrooms if windows were installed. An inspection of the interior of the house, particularly the downstairs, was extremely difficult due to the mounds of personal items of the former tenant stacked in piles blocking access to the windows, bathrooms, and against the exterior walls. This report will attempt to address the major damaged portions and notable safety concerns on the interior and exterior of the house and will provide rough estimates of costs to repair these items. These estimates are not to be taken as bids and will certainly change as further investigation proceeds. The foundation of the main house consists of a concrete footing, a wood pressure- treated stem wall where below grade, and a concrete slab on the ground floor. The foundation of the garage addition consists of a concrete stem wall and a concrete slab. An area of concern is the back wall of the ground floor family room. The wall is being pushed in by the force of dirt sloughing down the hill behind the house. An inspection hole cut in the sheetrock on the back wall revealed at least two split studs and water is flowing freely into the house from under the wall. The garage floor is flooded and water tlows constantly from under the overhead door towards the street. It will be necessary to excavate across the back of the house and install a drainage system to divert water away from the house. The sheetrock on the back wall of the family room will need to be removed and the broken wall studs replaced and the wall re- positioned. It is not clear if the water in the garage is from the leak in the family room or if water is seeping through the concrete stem wall. No cracks were observed in the stem wall, however clear access could not be gained due to debris. The roof is covered with asphalt composition shingles which have no remaining life and need to be replaced. No leaks were observed from within the attic area and the roof sheathing appears to be in usable condition. however the condition of the plywood can not be determined until the existing roof covering is removed. The attic area is ventilated with soffit and roof vents and no mold growth was observed. The area is insulated with R - 30 fiberglass. The roof system on the house and garage addition consists of engineered wood trusses. The exterior walls are covered with aluminum lap siding and is in fair structural condition and is fairly well painted. The metal soffits, metal covered fascia boards, and rain gutters and downspouts on the front of the house are damaged and need to be repaired. The main entry door is rusted and damaged and needs to be replaced. The garage overhead door and jambs are damaged and rotted and will need to be replaced. There is no landing built outside the back door leading out of the 2nd floor living room and the stairs are falling apart and are not usable, A minimum 3' x 3' landing needs to be built outside the door and new stairs and handrails installed. All of the windows in the house need to be replaced and windows added in the two rooms where none have been installed. The exterior walls are of 2x6 construction and can be assumed to be insulated with R -19 fiberglass. The main incoming power electrical meter base is very rusted and needs to be replaced. A stand needs to be built for the fuel oil tank and the tank painted to prevent further rusting. The fuel tank is currently empty. The concrete steps leading from the parking area to the front entry door are buckled from frost heave and new steps of concrete or wood will need to be built. The interior of the garage does not have a one -hour fire rating between the house and the garage. Sheetrock will need to be installed on all four exterior walls and the ceiling to provide this rating. The connecting door between the house and the garage needs to be replaced with a fire door and be made self - closing. A handrail and guardrail needs to be installed on the stairs leading from the garage to the house. The interior walls and ceilings in the downstairs are in very poor condition with water damaged sheetrock, various holes cut in the walls, and an opening cut through the wall from the front bedroom leading to the storage room on the back right end of the house, this in addition to the repair work which will be necessary on the back wall which is being pushed in. The bathtub is missing in the bathroom. Extensive drywall repair will need to be done to prepare the area for painting. The upstairs is in much better condition and would be able to be painted with only fairly minor repairs, however the ceramic tile tub surround in the bathroom is damaged and will need to be replaced. Two of four interior doors in the upstairs are damaged and should be replaced. The three doors in the downstairs are in usable condition, however the boiler room door is missing. The kitchen cabinets are in poor condition with missing doors and damaged drawers. The kitchen range and dishwasher are in very poor condition and need to be replaced. There is no refrigerator installed. The zero- clearance style wood burning fireplace in the living room is very rusted. the chimney cap is missing, and the fireplace needs to be removed. All of the floor coverings on both floors needs to be replaced. As previously stated, the plumbing and electrical systems could not be inspected. The condition of the toilets and sink and tub faucets could not be determined and it is not known if the house has frozen, which would likely entail broken pipes in the walls. Numerous light fixtures are missing throughout the house. The following repair list is not meant to be inclusive of all repairs and is likely the proverbial tip of the iceberg. Minimum Necessary Safety Item Repairs 1- Replace back landing and stairs $2000 2- Repair front exterior steps $ 1500 3 -New meter base $1500 4- Fireproof garage $5000 5- Garage fire door $1500 6- Garage handrail and guardrail $1500 Major Repairs 1 -Roof shingles $15000 2- Foundation excavation $15000 3 -11 windows $15000 4 -Entry door $2000 5- Garage overhead door $2000 6- Family room wall repair $5000 7 -Floor covering $12000 8- Downstairs bathtub and surround $3000 9- Interior doors $1500 10- Kitchen and bathroom cabinets $10000 11- Drywall repair $3000 12 -Range and dishwasher $1500 13- Remove fireplace $2000 14 -Fuel tank stand and paint $1000 15- Upstairs tub surround $1000 16- Cleanup of interior $3000 17- Boiler $]0000 18 -Soffit and fascia repair $750 19- Interior painting $5000 Total of above repairs $120,750 Please call me with any questions or concerns regarding the above items. Sincerely, Steve Dryden Robert Scholze From: Kniaziowski, Aimee <akniaziowski @city.kodiak.ak.us> Sent: Tuesday, August 28, 2012 8:33 AM To: Robert Scholze Cc: Karl Short; Dora Cross; Mary Pinkel; Bud Cassidy; Jack Maker Subject: RE: KIB foreclosed property within the City Bob, Thank you for the information on the property you've described. As you probably know, it's been the City Council's policy that the City will not request tax foreclosed properties with buildings on them (especially residential buildings) be deeded to the City. Upon review of the referenced parcel, it isn't in the City's best interest to have the subject parcel deeded to the City. Please contact me if you have further questions. Aimee Kniaziowski City Manager City of Kodiak 710 Mill Bay Road Kodiak, AK 99615 Phone (907) 486-8640 Fax (907) 486 -8600 From: Robert Scholze [mailto:rscholze(olkodiakak.us] Sent: Monday, August 27, 2012 5:26 PM To: Kniaziowski, Aimee Cc: Karl Short; Dora Cross; Mary Pinkel; Bud Cassidy; Jack Maker Subject: KIB foreclosed property within the City Amiee: As part of the tax foreclosure process, the Borough has received a Clerk's deed for the property at 1311 Larch St. (Lot 17, Bk. 7, Baranof Heights 1' Add.) within City limits (see attached photo). The dwelling has been secured with new locks and the property exterior cleaned up. The next step will be to advance this property toward a land sale, pending review by the Planning and Zoning Commission and determination by the Assembly that it is surplus to a public need. Until time of sale, the previous owner retains a right of repurchase. According to Alaska State Statute (29.45.450), a foreclosed property can be deeded to the municipality in which it is located if the municipality wants and pays taxes owed, as well as penalties and costs of foreclosure. The structure is in extremely poor condition. To this point, also attached is an evaluation of its condition by the Borough Assessor. I should like to know as soon as possible if the City might have an interest in paying delinquent taxes owed and taking deed to the property, so that, if not, we might otherwise schedule it for Planning and Zoning Commission review on the next agenda (deadline is Sept. 4`") to initiate the process of disposal. Thank you. Bob Scholze 1 °a `'"4c. -•w«:, KO DIAK ISLAND BOROUGH .y- ;:•... . .2 �, AGENDA STATEMENT o REGULAR MEETING OF: DECEMBER 6, 2012 ITEM NO.: 13.B.3 TITLE: Resolution No. FY2013 -17 Authorizing the Kodiak Island Borough to Submit an Application to the Alaska Clean Water Fund Loan Program for the Kodiak Landfill Lateral Expansion Project Phase III. ORIGINATOR: Grant Writer /Special Project Support FISCAL IMPACT: ❑ Yes $ or ® No Funds Available ❑ Yes ❑ No Account Number: Amount Budgeted: ATTACHMENTS: Memo, Resolution No. FY2013 -17 APPROVAL FOR AGENDA: , A v / _ SUMMARY STATEMENT: The purpose of this resolution is to approve the Kodiak Island Borough's submittal of an application to the Alaska Clean Water Fund for a loan in an amount up to $5,818,548. Loan funds will be used to support the Landfill Lateral Expansion Project, Phase III. This phase is the construction of a wastewater treatment facility for on -site treatment of the landfill's leachate. KIB may borrow loan funds as needed up to the approved amount. Terms for the repayment of the loan are up to 20 years at 1.5% interest. Borough staff initiated the "pre- application" process in January, 2012 requesting $6,437,500 in loan funding. The State of Alaska, Department of Environmental Conservation reviewed the loan request and placed the project on the Alaska Clean Water Fund Non -Point Source Funding Priority List for Fiscal Year 2013 in the amount of the program's current available assistance, $5,818,548. Once on the list, a formal application must be submitted to receive the loan funds. To assist with financing the cost of expanding the landfill under current regulations, the Borough has also applied for a second grant from the Alaska Department of Environmenal Conservation Municipal Matching Grant Program as well as a second legislative grant from the Alaska Legislature via the FY13 Capital Improvements Priority List. Application to the Alaska Clean Water Fund Loan Program provides security of project funding in case these grant requests are not approved. This resolution authorizes the Borough Manager to submit an application for a loan from the Alaska Clean Water Fund and authorizes the Borough Manager to execute any and all documents required for the loan. RECOMMENDED MOTION: Move to adopt Resolution No. FY2013 -17. Kodiak Island Borough Page 1 of 1 1 Introduced by: Administrative Official 2 CORRECTED Drafted by: by Special Pro Projects Support 3 Introduced on: 12/06/2012 4 VERSION Adopted on: 5 6 KODIAK ISLAND BOROUGH 7 RESOLUTION NO. FY 2013 -17 8 9 A RESOLUTION OF THE KODIAK ISLAND BOROUGH ASSEMBLY 10 AUTHORIZING THE KODIAK ISLAND BOROUGH TO SUBMIT AN APPLICATION 11 FOR A LOAN FROM THE ALASKA CLEAN WATER FUND FOR THE LANDFILL LATERAL 12 EXPANSION PROJECT, PHASE III 13 14 WHEREAS, the Kodiak Island Borough seeks to obtain financial assistance to construct a 15 landfill expansion with on -site leachate treatment; and 16 . 17 WHEREAS, regulations for the landfill expansion require lined cells and that the leachate be 18 captured and treated to meet certain Alaska Clean Water Act standards; and 19 20 WHEREAS, the State of Alaska, Department of Environmental Conservation is able to offer 21 funding through the Alaska Clean Water Fund; and 22 23 WHEREAS, the Kodiak Island Borough submitted a Non -Point Source Loan Questionnaire 24 which placed this project on the Fiscal Year 2013 Alaska Clean Water Fund Non -Point Source 25 Funding Priority List making the project eligible for an Alaska Clean Water Fund loan; and 26 27 WHEREAS, the Kodiak Island Borough wishes to apply for a loan from the Alaska Clean 28 Water Fund in an amount up to $5,818,548 for a term of up to 20 years at an interest rate of 29 1.5 %; 30 31 NOW, THEREFORE BE IT RESOLVED, BY THE ASSEMBLY OF THE KODIAK ISLAND 32 BOROUGH that the Kodiak Island Borough is authorized to apply to the Department of 33 Environmental Conservation for a loan from the Alaska Clean Water Fund for the construction 34 of the landfill expansion and on -site leachate treatment facility. 35 36 BE IT FURTHER RESOLVED that if the loan is approved by the Department of Environmental 37 Conservation, the Borough Manager is authorized to execute any and all documents that may 38 be required by the Department of Environmental Conservation to reflect the indebtedness, the 39 terms of its repayment, and any security therefore, including but not limited to an agreement for 40 the loan and a promissory note. 41 42 BE IT FURTHER RESOLVED that this resolution locks in the terms of the loan, and prior to the 43 drawing down of these funds, a borough ordinance to utilize this funding shall be approved. 44 45 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 46 THIS DAY OF 2012 47 48 KODIAK ISLAND BOROUGH 49 50 51 52 ATTEST: Jerome M. Selby, Borough Mayor 53 54 55 56 Nova M. Javier, MMC, Borough Clerk Kodiak Island Borough Resolution No. FY2013 -17 Page 1 of 1 1 Introduced by: Administrative Official 2 Requested by: Eng /Fac Director 3 Drafted by: Special Projects Support Introduced on: 12/06/2012 4 Adopted on: 5 6 KODIAK ISLAND BOROUGH 7 RESOLUTION NO. FY 2013 -17 8 9 A RESOLUTION OF THE KODIAK ISLAND BOROUGH ASSEMBLY 10 AUTHORIZING THE KODIAK ISLAND BOROUGH TO SUBMIT AN APPLICATION 11 FOR A LOAN FROM THE ALASKA CLEAN WATER FUND FOR THE LANDFILL 12 LATERAL EXPANSION PROJECT, PHASE III 13 14 WHEREAS, the Kodiak Island Borough seeks to obtain financial assistance to construct 15 a landfill expansion with on -site leachate treatment; and 16 17 WHEREAS, regulations for the landfill expansion require lined cells and that the leachate 18 be captured and treated to meet certain Alaska Clean Water Act standards; and 19 20 WHEREAS, the State of Alaska, Department of Environmental Conservation is able to 21 offer funding through the Alaska Clean Water Fund; and 22 23 WHEREAS, the Kodiak Island Borough submitted a Non -Point Source Loan 24 Questionnaire which placed this project on the Fiscal Year 2013 Alaska Clean Water Fund 25 Non -Point Source Funding Priority List making the project eligible for an Alaska Clean 26 Water Fund loan; and 27 28 WHEREAS, the Kodiak Island Borough wishes to apply for a loan from the Alaska Clean 29 Water Fund in an amount up to $5,818,548 for a term of up to 20 years at an interest rate 30 of 1.5 %; 31 32 NOW, THEREFORE BE IT RESOLVED, BY THE ASSEMBLY OF THE KODIAK ISLAND 33 BOROUGH that the Kodiak Island Borough is authorized to apply to the Department of 34 Environmental Conservation for a loan from the Alaska Clean Water Fund for the 35 construction of the landfill expansion and on -site leachate treatment facility. 36 37 BE IT FURTHER RESOLVED that if the loan is approved by the Department of 38 Environmental Conservation, the Borough Manager is authorized to execute any and all 39 documents that may be required by the Department of Environmental Conservation to 40 reflect the indebtedness, the terms of its repayment, and any security therefore, including 41 but not limited to an agreement for the loan and a promissory note. 42 43 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 44 THIS DAY OF 2012 45 46 KODIAK ISLAND BOROUGH 47 48 49 50 ATTEST: Jerome M. Selby, Borough Mayor 51 52 53 54 Nova M. Javier, MMC, Borough Clerk Kodiak Island Borough Resolution No. FY2013 -17 Page 1 of 1 <y KODIAKISLAND BOROUGH .. f k' • . Office ofthe Manager e. 1:24';',t , MEMORANDUM DATE: November 20, 2012 TO: Mayor and Borough Assembly THRU: Bud Cassidy, Administrative Official FROM: Meagan Christiansen, Grant Writer /Special Projects Support SUBJ: FY 13 Alaska Clean Water Fund Loan — Landfill Construction The Kodiak Island Borough landfill is reaching the limits of its permitted capacity. To address the need for increased capacity, Borough staff has been working on plans for expanding the existing landfill for several years. As the plans for the expansion have been refined, the intentions for the landfill expansion have changed; initial plans were to construct an expansion cell with a 10 year life, but with the need to address existing leachate problems, meet current regulations and provide a lasting solution, it was decided that planning for a 40 -year expansion would be more appropriate and cost effective for serving the long -term needs of the community. Planning and infrastructure design for the 40 -year expansion includes two expansion cells, a perimeter access road, grading and drainage, a leachate storage lagoon, and a leachate treatment facility. As the landfill expansion project has evolved, it has been divided into phases. Phase I provided site work to clear the land, excavate the expansion cell and leachate lagoon sites, and to construct berms and roadway. Phase II constructs the non - permeable liner and leachate collection piping of the first expansion cell, constructs the leachate storage lagoon, and completes the closure of a portion of the existing landfill. The project is currently in Phase II construction. Phase III will construct an onsite wastewater treatment facility for treatment of the leachate and connect the piping installed in Phase II to complete the system. Phase III is nearing completion of design. As this final phase moves toward design completion and construction readiness, the Borough gains more accurate cost information. The most recent cost and funding estimates for this project are as follows: Estimated Cost: Funding in place: Phase I $3,838,720 ACWF Loan (2006) $2,612,000 Phase II $10,374,400 ACWF Loan Amend (2012) $6,033,000 Phase III $6,592,000 DEC grant (2012) $3,000,000 TOTAL $20,805,120 Legislative Grant (2012) $3,000,000 Bonds (sold) $3,275,000 Closure /Post Closure Funds $2,105,500 $20,025,500 At this point in time, it appears that the project facing a funding shortfall of approximately $800,000, however it is expected that Phase III costs will significantly increase as the details of ensuring that the waste water treatment plant will continuously operate in Kodiak's unique environment are worked out. The biggest challenge currently in front of the planning team is determining how to deliver chemicals to Kodiak that are typically shipped via railcar in most other places. Additional challenges include a need to provide chemical storage; and a need to determine how chemicals transported in a tank mounted on a semi -truck trailer will navigate the road to the treatment plant in winter conditions to deliver chemicals that cannot be stockpiled in cold temperatures. Further, there are questions that remain to be answered regarding the logistics of meeting DEC regulations particularly with regard to drainage; managing existing leachate contaminated soils onsite; equipment needs related to the operation of the treatment plant such as instrumentation within the plant, equipment to maintain the road to the treatment plant and transportation between the plant and baler facility for employees. To address potential shortfalls the Borough has applied for additional revenue from three sources. One is the application for another $3 million DEC Municipal Matching grant. The second is a request for $3,615,542 from the state legislature and the third is through the Alaska Clan Water Fund. The Borough is qualified for a loan of up to $5,818,548. Staff initiated the Alaska Clean Water Fund loan request prior to receiving approval of the $3 million FY12 DEC Municipal Matching Grant and the $3 million FY12 Legislative Grant to provide assurance that funding would be available for the project even if grant funding did not come through. The terms of this loan are favorable. The term is up to 20 years at 1.5% interest. The terms of the loan make this financing option less expensive than issuing bonds which are typically at least 2% higher. If approved, the loan is similar to a line of credit in that we can borrow what we need as we need it, up to the approved amount. The loan can provide contingency funds as the costs for Phase III are fully determined. ¢kd ;' KODIAK ISLAND BOROUGH , . , y f- AGENDA STATEMENT a. REGULAR MEETING OF: DECEMBER 6, 2012 ITEM NO.: 13.C.1 TITLE: Ordinance No. FY2013 -10 Accepting a Grant From the Alaska Division of Homeland Security and Emergency Management to Provide Funding for a ,� Comprehensive Revision and Update of the Kodiak Area Emergency Operations Plan (KAEOP). ORIGINATOR: Community Development Director FISCAL IMPACT: ❑ Yes $ _ or ❑ No Funds Available ❑ Yes ❑ No Account Number: Amount Budgeted: ATTACHMENTS: Ordinance No. FY2013 -10, Award Letter and Obligating Documents, and Grant Applic ion APPROVAL FOR AGENDA: , s SUMMARY STATEMENT: The Kodiak Island Borough and the City of Kodiak have jointly agreed to provide for disaster preparedness and emergency response on an area -wide regional basis. The city and borough have historically maintained one Emergency Operations Plan (EOP) in this regard, which covers the Kodiak Road System and six remote communities. These plans must be updated and amended from time -to -time in order to remain current in terms of personnel and resources available in the community. The Kodiak Island Borough has traditionally facilitated the planning process to maintain the Kodiak Area Emergency Operations Plan (KAEOP). The KAEOP is typically reviewed on an annual basis by city and borough staff and when necessary, amendments are forwarded to the Kodiak Island Borough Local Emergency Planning Committee (KIB LEPC). Any changes recommended by the KIB LEPC through this process are then forwarded to the Kodiak Emergency Services Council (ESC) for consideration as an amendment to the adopted plan. The last major revision and update to the plan was adopted in 2005. Many of the changes at that time reflected the lessons learned from 9/11 and the new anti - terror regulations that were put into place immediately following this event. In the intervening years the state and federal governments have gradually moved back to a more balanced "all- hazards" approach to emergency preparedness and response. Due to the passage of time, and changes to what the State of Alaska considers to be best planning practices, an annual update is no longer sufficient to keep the KAEOP current. By accepting the attached grant, the assembly can ensure that the plan will be updated in a timely and comprehensive fashion so that the updated plan can be exercised in March 2014 as part of the next statewide "Alaska Shield" exercise. RECOMMENDED MOTION: Move to adopt Ordinance No. 2013 -10 in first reading to advance to public hearing at the next regular meeting of the Assembly. Kodiak Island Borough Page 1 of 1 1 Introduced by: Administrative Official 2 Requested by: Administrative Official 3 Drafted by: Interim CDD Director Introduced on: 12/06/2012 4 Adopted on: 5 6 KODIAK ISLAND BOROUGH 7 ORDINANCE NO. 2013 -10 8 9 A ORDINANCE OF THE KODIAK ISLAND BOROUGH ASSEMBLY ACCEPTING A 10 GRANT FROM THE ALASKA DIVISION OF HOMELAND SECURITY AND 11 EMERGENCY MANAGEMENT UNDER THE HOMELAND SECURITY GRANT 12 PROGRAM (HSGP) FOR KODIAK AREA EMERGENCY OPERATIONS PLAN UPDATE 13 14 WHEREAS, the Kodiak Island Borough applied for a grant from the Alaska Division of 15 Homeland Security and Emergency Management (DHS &EM) to provide for the 16 comprehensive revision and update of the Kodiak Area Emergency Operations Plan 17 (KAEOP); and 18 19 WHEREAS, DHS &EM has approved a grant in the amount of $35,000 based on the 20 submitted grant application, which provides for a scope work for the proposed KAEOP 21 update; and 22 23 WHEREAS, acceptance of the award is necessary in order to utilize the funds to pay for 24 the KAEOP revision and update. 25 26 NOW, THEREFORE BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 27 BOROUGH THAT: 28 29 Section 1: This ordinance is not of a general and permanent nature and shall not 30 become a part of the Kodiak Island Borough Code of Ordinances. 31 32 Section 2: The Borough Manager is hereby authorized to accept the DHS &EM grant 33 funds in the amount of $35,000 and to administer those funds to initate and 34 complete the comprehensive revision and update of the Kodkak Area 35 Emergency Operations Plan as described in the approved grant application. 36 37 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 38 THIS DAY OF 2012 39 40 KODIAK ISLAND BOROUGH 41 42 43 44 ATTEST: Jerome M. Selby, Borough Mayor 45 46 47 48 Nova M. Javier, MMC, Borough Clerk Kodiak Island Borough Ordinance No. FY2013 - Page 1 of 1 NOTICE OF INTENT TO ACCEPT GRANT AWARD State of Alaska • Department ofMilitary and veterans Affairs • Homeland Security & Emergency. M a nagement State Grant No: EMW- 2012 -22- 00127, HSGP Recipient.Address_ - _ Issuing Office Addres -- ..___ - Kodiak Island Borough Department of Military and Veterans Affairs 710 Mill Bay Road Division of Homeland Security and Emergency Management Kodiak, AK 99615 P.O. Box 5750 Fort Richardson. Alaska 99505 -5750 ham: //readv.alaska.gov /grants. htm This is notice of the Kodiak Island Borough's intent to accept the EMW- 2012 -22 -00127 (Jurisdiction Name) Grant. Before this award can be accepted, approval must be garnered through our local government. The requirement for this process is located in the following local government document _Kodiak Island Borough Code 32503 (Document name er number) . . citation # . This process will take longer than the 30 -day period of acceptance (If applicable) within this grant award. We request a 30 day extension of the acceptance period to seek proper approval. (# of days) It is understood if we are unable to obtain acceptance by the extension date the grant award will be resccnded. If approved, you will receive written notification within three working days. Signature of Jurisdiction Sig Official Date: Phone: 907- 486 -9301 Gfh /� C' ' • November 7, 2012 Fax: 907-486-9374 'Charles Ce � r., Administrative Official Printed Name'and Title: I IEmaic bcassidy @kodiakak.us November 2009 Email o ax form to iim.kino � a` 28 -7009 O A cfr --1 SKA 4c SEAN PARNELL, GOVERNOR P.O. Box 5750 - - - • / JBER, AK 99505 -5750 DEPARTMENT OF MILITARY Phone: (907) 428 -7000 AND VETERANS AFFAIRS / Fax: (907) 428 -7009 DIVLSION OF HOMELAND SECURITY / Toll Free: (800) 478 AND EMERGENCY MANAGEMENT / www.ready.alaska.gov October 10, 2012 Mr. Charles Cassidy, Community Development Director Kodiak Island Borough OCT 1 7 2012 i J 710 Mill Bay Road Kodiak, AK 99615 [ 7 RE: 2012 State Homeland Security Program, EMW- 2012 -SS -00127 State Grant No.: 12SHSP- GR34077 Dear Mr. Cassidy: The Alaska Division of Homeland Security and Emergency Management (DHS &EM) is pleased to award the Kodiak Island Borough the amount of $35,000.00 under the 2012 State Homeland Security Program for the performance period of October 1, 2012 through March 31, 2014. Funding from this program is provided to enhance the ability of states, territories, and urban areas to prepare for, prevent, and respond to terrorist attacks and all— hazards events. The performance period of this grant is 18 months. If a project cannot be operational within the first reporting quarter, the sub — grantee should provide notice to DHS &EM, stating the implementation delay and expected starting date. At the discretion of DHS &EM, the grant award is subject to cancellation and funds may be dc— obligated and reallocated to other projects if project implementation is unjustifiably delayed. Attached are two pre— signed Obligating Award Documents. Please review the information for accuracy and review the Special Conditions. Sign the obligating documents, keep one original for your records, and return the other original within 30 days of jurisdiction receipt to: State Administrative Agency (SAA) Point of Contact PO Box 5750 JBER, AK 99505 If the Obligating Award Documents cannot be returned within 30 days due to local jurisdiction policies, a Notice of Intent to Accept Grant Award form and instructions is available for download on DHS &EM's Grants website, http : / /ready.alaska.gov /grants.htm. Mr. Cassidy RE: 2012 State Homeland Security Program October 10, 2012 Page 2 of 2 If signatory points of contacts have changed since submittal of the application, please complete and return a Signatory Authority Form with the signed Obligating Award Document. The Signatory Authority Form is available for download on DHS &EM's Grants website. If needed, Electronic Payment (EDI) enrollment forms are also available upon request. If you have questions, or need further assistance, the DHS &EM project manager for this grant, Adrian Avey, may be contacted at 907 - 428 -7027, toll —free at 800 - 478 -2337, or by email at adrian.avey@alaska.gov. Sincerel a ri �' l,/ 'e ' ". Madden irector jwm:ama:cas Enclosures: Obligating Award Document (2 originals) Project Budget Details Environmental and Historical Preservation (EHP) Statement of Work Request Form *Only provided to applicable jurisdictions CC: Duane Dvorak, Jurisdiction Project Manager Karleton Short, Jurisdiction Chief Financial Officer State of Alaska Page 1 of 6 Division of Homeland Security and Emergency Management AWARD DATE Under US Department of Homeland Security October ol, 2012 Federal Emergency Management Agency FEDERAL GRANT PROGRAM Grant Programs Directorate 2012 State Homeland Security Program OBLIGATING AWARD DOCUMENT AMENDMENT FEDERAL GRANT NUMBER EMW- 2012 -SS -00127 RECIPIENT NAME AND ADDRESS (Including Zip Code) PERFORMANCE PERIOD CFDA: 97.067 Kodiak Island Borough FROM: October01, 2012 AWARD AMOUNT 710 Mill Bay Road T0: March 31, 2014 $35,000.00 Kodiak, AK 99615 STATE GRANT NUMBER 12SHSP- GR34077 DUNS NUMBER 159043244 FUNDING ALLOCATION EIN 92 0030845 PLANNING $35,000.00 EXERCISE METHOD OF PAYMENT ' Electronic TRAINING EQUIPMENT PURPOSE OF AWARD The attached Project Budget Details is the funding allocation. Grant program guidelines and federal, state, and local contracting and procurement compliance requirements apply. GRANT TERMS AND CONDITIONS GRANT REQUIREMENTS, ASSURANCES AND AGREEMENTS (Continued, see attached) The acceptance of a grant from the United States government creates a legal duty on See Attached the part of the grantee to use the funds or property made available in accordance with the conditions of the grant. [GAO Accounting Principles and Standards for Federal Agencies, Chapter 2, Section 16.8(0) SPECIAL CONDITIONS (Grant funds cannot be expended until these conditions have been met. See Obligating Award for details) See Attached AGENCY INFORMATION WERSITE http: / /ready.alaska.gov • Division of Homeland Security and Emergency Management EMAIL mva.grants @alaska.gov ADDRESS PO Box 5750 PHONE 907 - 428 - 7000 JBER, AK 99505 - 5750 FAX 907-428-7009 AGENCY PROJECT MANAGER PHONE FAX EMAIL Adrian Avey 907 - 428 -7027 907-428 -7009 adrian.avey @alaska.gov d :'4 - '. 1 AGENCY APPROVAL 1` - , I RECIPIENT ACCEPTANCE 1 . NAME AND TITLE OF APPROVING AGENCY OFFICIAL - NAME AND TITLE OF AUTHORIZED RECIPIENT OFFICIAL John W. Madden, Director Charles Cassidy, Community Development Director SIGNATURE OF APPROVING AGENCY OFFICIAL SIGNATURE OF AUTHORIZED RECIPIENT OFFICIAL ''// 9 DATE DATE DATE _ 4' /1 /r /44r FOR STATE USE ONLY 0 I CATION CODE DIVISION'. FILE NUMBER 9292251 12 SHSP 1.6.10.1.10 DATE RETURNED Grant Terms and Conditions The total allocation of the 2012 State Homeland Security Program awarded to the Division of Homeland Security and Emergency Management (DHS &EM) is $2,801,316.00 under Federal Grant EMW- 2012 -55- 00127, CFDA# 97.067. The Kodiak Island Borough has been awarded $35,000.00, which shall be used to support activities essential to the ability of states, territories, and urban areas to prepare for, prevent, and respond to terrorist attacks and other all- hazards events. The performance period of this grant award is October 1, 2012 through March 31, 2014. Project conditions must be completed by this date. The Kodiak Island Borough cannot sub - grant all or any part of this award to any other entity or organization. All awards require confirmation within the first reporting quarter that activities toward projects will be made, or DHS &EM may execute de- obligation of the funds. (A) Changes to Award: All change requests must be submitted in writing, or electronically to the DHS &EM project manager, accompanied by a justification narrative and budget/spending plan, for review and approval. Changes must be consistent with the scope of the project and grant guidelines. Requests for changes will be considered only if the reporting requirements are current, and if terms and conditions have been met at the time the request. Changes in the programmatic activities, or purpose of the project, changes in key persons specified on the grant award, contractual services for activities central to the purposes of the award, requests for additional funding, change in project site, or release of special conditions may result in an amendment to this award. No transfers of funds between budget categories will be authorized, only de- obligation of funds, except on a case -by -case basis. (B) Reporting Requirements: The Kodiak Island Borough shall submit timely quarterly Performance Progress Reports and Financial Progress Reports to the project manager at DHS &EM. Instructions and blank forms are located electronically at htto : / /readv.alaska.gov /grants.htm, and may be reproduced. Jurisdictions must check the web site quarterly for most current forms. Use of outdated forms will not be accepted. Quarterly reports are due: Performance Progress Number of Scheduled and Financial Progress Report Due Jurisdiction Performance Period Report Due Dates 1 10/01/2012- 12/31/2012 01/20/2013 2 01/01/2013-03/31 /2013 04/20/2013 3 04/01/2013- 06/30/2013 07/20/2013 4 07/01/2013 - 09/30/2013 10/20/2013 5 10/01/2013 - 12131/2013 01/20/2014 6 01/01/2014-03/31 /2014 04/20/2014 7 Final Report 05/15/2014 Invoices with progress reports will be submitted to DHS &EM by the due date as specified in the above schedule. Should the grant period be extended for any reason, a modified report schedule will accompany the award amendment. The Performance Progress Report (PPR) contains an AK -PPR -A cover page form, and an AK -PPR -B Program Indicators form. Both forms must be completed and submitted by the report due date. Requests for grant extensions, budget adjustments, project realignments, and significant problems or delays are reported on the AK- PPR -A. An AK -PPR -A must be submitted even if no additional information is required. The AK-PPR-I3 shall describe the progress and percent completed of projects and detail any related expenditures submitted on the Financial Progress Report. Financial Progress Reports shall describe the status of the funds, show encumbrances, and receipts of program income, cash or in -kind contributions to the project, whether or not a local match is required. A final PPR is a summary report, showing project completion, evaluating project activities and measuring performance against project goals for the entire performance period, and is required in addition to the last quarterly PPR. An After - Action Report/Improvement Plan (AAR/IP) is required within 30 days of the conduct of an exercise. (C) Reimbursements: Submit on the Financial Progress Report form. Reimbursement shall be based upon authorized and allowable expenditures consistent with project narrative and budget detail and grant guidelines, and submission of timely quarterly Performance Progress and Financial Progress Reports. Payments may be withheld pending correction of deficiencies or for use of outdated forms. Reimbursement of expenditures may be requested at any time within the performance period. Expenditures must be supported with source documentation (e.g. copies of invoices, receipts, timesheets with name /wage /hours, cost allocation, warrants, etc.). • Personnel Costs: Payroll reports signed and certified by the Chief Financial Officer that capture the employee name, position, coded allocation to the project, amount paid, are acceptable. Staff may not self - certify their own time and wages. The Kodiak Island Borough shall retain all supporting payroll records, including time and attendance records signed by the employee and supervisor and copies of warrants as per the recordkeeping requirements in Section J. Limited to 50 percent for employees assigned to program management functions, not operational duties. The limit does not apply to contractors. • Contracts: All sole- source procurements, single vendor response to a competitive bid, and contracts over $100,000 require DHS &EM pre - approval prior to implementation. Final signed copies of all contracts are required for submission to DHS &EM with the request for reimbursement. • Program Income and Local Match: Program income may be used to supplement project costs, reduce project costs, or may be refunded to the federal government, and must be used for allowable program costs and be expended prior to requests for reimbursement. Local matching funds must clearly support the source, the amount, and the timing of all matching contributions. • Equipment: Allowable equipment categories are listed on the web -based Authorized Equipment List (AEL) on the Responder Knowledge Base (RKB) at httos: / /www.rkb.us /. Documentation required per instructions attached to DHS &EM quarterly reports. September 2012 • Travel; All travel must be pre- approved by DHS &EM. • Training: Requires DHS &EM pre - approval prior to registering or participating In training opportunities. • Exercise: Requires submission of an After - Action Report/Improvement Plan within 30 days after conduct of the exercise. • Food and Beverages: Per Grant Programs Directorate (GPD) allowances, food and /or beverage expenses provided by recipients are allowable costs if related to a grant funded exercise and meet the following criteria: 1. The food and /or beverages are provided to participants at exercise sessions, meetings, or conferences that are allowable activities under the GPD program guidelines; and 2. Expenses incurred for food and /or beverages, and provided at exercise sessions, meetings, or conferences, satisfy the following tests: a. The cost of the food and /or beverages provided is considered to be reasonable; b. The food and /or beverages provided are subject of a work - related event and work continues after meals are served; c. Participation by all participants is mandatory; and d. The food and /or beverages provided are not related directly to amusement and /or social event. (Any event where alcohol is being served is considered a social event; therefore, costs associated with the event are not allowed.) In the event food /meal(s) are being provided, the amount charged for per diem must be reduced accordingly. (D) Non - reimbursable Expenses: • Contracts, single vendor response to a competitive bid, and /or procurements over $100,000 not pre- approved by DHS &EM • Sole source contracts and procurements not pre- approved by DHS &EM • Reimbursable training and related travel costs not pre- approved by DHS &EM • Construction and renovation • Indirect costs • Management and Administration (M&A) costs to manage sub - contracts • Supplanting • Maintenance and /or wear and tear costs of general use vehicles and emergency response apparatus. • Equipment purchased for an exercise cannot be used for permanent installation and /or beyond the scope of an exercise. • Hiring of sworn public safety officers to fill traditional public safety duties or to supplant traditional public safety positions and responsibilities • Weapons and ammunition • Entertainment and sporting events • Personal items such as laundry, personal hygiene items, magazines, in -room movies, personal travel • Travel insurance, visa, and passport charges • Lodging costs in excess of federal per diem, as appropriate • Lodging fees associated with violation of the lodging facility's policies, such as smoking in a non - smoking room • Lunch when travel is wholly within a single day • Stand -alone working meals • Bar charges, alcoholic beverages • Tips • Finance, late fees, or interest charges • Lobbying, political contributions, legislative liaison activities • Organized fund - raising, including salaries of persons while engaged in these activities • Land acquisition • Organizational Costs • Expenditures not supported with appropriate documentation when submitted for reimbursement. Only properly documented expenditures will be processed for payment. Unsupported expenditures will be returned to the jurisdiction for resubmission. (E) Prooertv and Eauiament Management: The Kodiak Island Borough shall maintain an effective property management system; safeguards to prevent loss, damage or theft; maintenance procedures to keep equipment in good condition; and disposition procedures. A Property Inventory Report is available at http : / /ready.alaska.gov /orants.htm shall be submitted to DHS &EM annually each June 20 with the Financial Progress Report, and continued submission is required annually until final disposition of the equipment. The Kodiak Island Borough shall, when practical, prominently display the following on any equipment purchased with award funds: Purchased with funds provided by the U.S. Department of Homeland Security. No equipment purchased with these grant funds may be assigned to other entities or organizations without the expressed approval in writing from DHS &EM, prior to the jurisdiction's encumbrance or expenditure for that equipment. Management of property and equipment shall be in accordance with state laws and procedures as outlined, and 44 CFR Part 13, sections 13.31 and 13.32. (F) Procurement: Procurement shall comply with local procurement policies and procedures, and conform to applicable state and federal law and the standards identified in the Procurement Standards Sections of 44 CFR Part 13, and OMB Circular A -102 "Uniform Administrative Requirements for Grants and Cooperative Agreements with State and Local Governments." Contractors that develop or draft specifications, requirements, Statements of Work (SOW), and /or Requests for Proposals (REP) for a proposed procurement shall be excluded from bidding or submitting a proposal to compete for the award of such procurement. Local bidder's preference is not allowed for federally funded procurements. Procurement transactions shall be conducted to provide maximum open and free competition. Each sole- source procurement, single vendor response to a competitive bid, and all purchases In excess of $100,000.00 require pre - approval of DHS &EM. DHS &EM has provided a summary of documentation required for levels of procurement and attached it to the instructions on the quarterly Financial Progress Reports. (G) Contracts: Any contract entered into during this grant period shall comply with local, state and federal government contracting regulations. To the extent that recipients of a grant use contractors, recipients shall use small, minority, women -owned or disadvantaged business concerns and contractors to the extent practicable. Contracts for professional and consultant services must include local, state and federal government required contract language, a project budget, and require pre - approval by DHS &EM prior to Implementation. Contract deliverables must meet the intent of the grant application and grant requirements. Justification is required for compensation for individual consultant services, which must be reasonable and consistent with the amount paid for similar services in the market place. Detailed invoices and time and effort reports are required for consultants. A summary of documentation required for levels of contracting is attached to the instructions on the quarterly Financial Progress Reports. September 2012 (11) Publications: Publications created with funding under this grant shall prominently contain the following statement: This document was prepared under a grant from the Federal Emergency Management Agency (FEMA)'s Grant Programs Directorate, U.S. Department of Homeland Security and the Alaska Division of Homeland Security and Emergency Management. Points of view or opinions expressed in this document are those of the authors and do not necessarily represent the official position or policies of FEMA's Grant Programs Directorate, the U.S. Department of Homeland Security or the State of Alaska. (I) Audit Reauirements: As the federal grant recipient, a sub - recipient expending $500,000 or more in federal funds from any agency in the organization's fiscal year must conduct an organization -wide audit in accordance with OMB Circular A -133. Alaska's Single Audit Regulation 2 AAC 45 parallels the federal Single Audit Act Amendments of 1996 and OMB Circular A -133, and their purpose to promote accountability of state and federal financial assistance and increase the efficiency of the monitoring process. The Kodiak Island Borough will permit the State of Alaska project officials, program officials and auditors to have access to the sub - recipient's and third -party contractor's records and financial statements as necessary for the State of Alaska to comply with OMB Circular A -133. Audit reports are currently due to the Federal Audit Clearinghouse no later than nine months after the end of the recipient's fiscal year and copies of findings must be submitted to the Single Audit Coordinator, Finance Division of the Alaska Department of Administration within 30 days after the Kodiak Island Borough receives its audit report, or within a 9 -month period of the grant closeout date, whichever is earlier, in accordance with 2 AAC 45.010. (3) Recordkeepinq Requirements: Grant financial and administrative records shall be maintained for a period of six (6) years following the date of the closure of the grant award, or audit if required. Time and effort, personnel and payroll records for all individuals reimbursed under the award must be maintained. Property and equipment records shall be maintained for a period of six (6) years following the final disposition, replacement or transfer of the property and equipment. (K) Performance Measures: Quarterly Progress Reports shall demonstrate performance and progress relative to: 1. Acceptable performance on applicable critical tasks in Exercises using approved scenarios 2. Progress in achieving project timelines and milestones 3. Percent measurable progress toward completion of project 4. How funds have been expended during reporting period, and explains expenditures related to the project (L) Sub - recipient Monitoring Policy: Periodic monitoring is required to ensure that program goals, objectives, timelines, budgets and other related program criteria are being met. DHS &EM reserves the right to periodically monitor, review and conduct analysis of the Kodiak Island Borough's financial, programmatic and administrative policies and procedures such as, accounting for receipts and expenditures, cash management, maintaining adequate financial records, means of allocating and tracking costs, contracting and procurement policies and records, payroll records and means of allocating staff costs, property /equipment management system(s), progress of project activities, etc. This may include desk and field audits. Technical assistance is available from DHS &EM staff. The Monitoring Policy is available at http://readv.alaska.00viorants.htm. (M) Penalty for Non - Compliance: For the reasons listed below, special conditions may be imposed, reimbursements may be partially or wholly withheld, the award may be wholly or partly suspended or terminated, or future awards, reimbursements and award modifications may be withheld. DHS &EM may institute the following, but is not limited to, withholding authority to proceed to the next phase of a project, requiring additional or more detailed financial reports, additional project monitoring, and /or establish additional prior approvals. DHS &EM shall notify the Kodiak Island Borough of its decision in writing stating the nature and the reason for imposing the conditions /restrictions, the corrective action required and timeline to remove them, and the method of requesting reconsideration of the imposed conditions /restrictions. The Kodiak Island Borough must respond within five (5) days of receipt of notification. 1. Unwillingness or inability to attain project goals 2. Unwillingness or inability to adhere to Special Conditions 3. Failure or inability to adhere to grant guidelines and federal compliance requirements 4. Improper procedures regarding contracts and procurements 5. Inability to submit reliable and /or timely reports 6. Management systems which do not meet federal required management standards (N) Termination for Cause: If performance is not occurring as agreed, the award may be reduced or terminated without compensation for reduction or termination costs. DHS &EM will provide five (5) days notice to Kodiak Island Borough stating the reasons for the action, steps taken to correct the problems, and the commencement date of the reduction or termination, DHS &EM will reimburse Kodiak Island Borough only for acceptable work or deliverables, necessary and allowable costs incurred through the date of reduction or termination. Final payment may be withheld at the discretion of DHS &EM until completion of a final DHS &EM review. Any equipment purchased under a terminated grant may revert to DI-IS&EM at the option of DHS &EM. (0) Termination for Convenience: Any project may be terminated upon convenience, in whole or in part, for the convenience of the Government. The U.S. Department of Homeland Security and the DHS &EM, by written notice, may terminate this grant, In whole or in part, when it is in the Government's interest. Allowable costs obligated and /or incurred through the date of termination shall be reimbursed. Any equipment purchased under a terminated grant may revert to DHS &EM at the option of DHS &EM. (P) Protect Implementation: Due to the competitiveness of the 2012 State Homeland Security Grant, approved projects must be ready- to -go. Project implementation shall begin within the first reporting quarter. 1. If a project cannot be operational within the first reporting quarter of the approved award date, the sub - grantee should provide notice to DHS &EM, stating the implementation delay and expected starting date. At the discretion of DHS &EM, the grant award is subject to cancellation and funds may be de- obligated and reallocated to other projects if project implementation is unjustifiably delayed. September 2012 Grant Requirements. Assurances and Agreements (A) The performance period for this grant award is October 1, 2012 through March 31, 2014. Monies may not be obligated outside of this time period. An obligation occurs when funds are encumbered, as with a purchase order and /or commitment of salaries and benefits. All obligated and encumbered funds must be liquidated within 45 days of the end of the performance period when the Final Performance Progress Reports are due. (6) The Kodiak Island Borough shall comply with the requirements and restrictions of the Federal Fiscal Year (FFY) 2012 Homeland Security Grant Program (HSGP) Program Guidance, State Overview and Guidelines, State Preparedness Report, and the State Homeland Security Strategy. By signing this obligating award document, the Kodiak Island Borough certifies it has read, understood and accepted these documents as binding. (C) The signature of the signatory officials on this award certifies that all financial expenditures, including all supporting documentation submitted for reimbursement, have been incurred by the jurisdiction, and are eligible and allowable expenditures consistent with the grant guidelines for this project. The Kodiak Island Borough shall follow the financial management requirements imposed on them by the Division of Homeland Security and Emergency Management (DHS &EM), which includes the requirements of U.S. Department of Homeland Security. (D) The signature of the signatory officials on this award attests to the Kodiak Island Borough's understanding, acceptance, and compliance with Lobbying; Debarment, Suspension and other responsibility matters; Drug -free Workplace; Conflict of Interest, and Non - Supplanting certifications. Federal funds will not be used to supplant state or local funds. Federal funds may be used to supplement existing funds to augment program activities, and not replace those funds which have been appropriated in the budget for the same purpose. Potential supplanting may be the subject of application and pre- award, post -award monitoring, and audit. (E) The Kodiak Island Borough shall ensure the accounting system used allows for separation of fund sources. These grant funds cannot be commingled with funds from other federal, state or local agencies, and each award is accounted for separately. (F) The Kodiak Island Borough shall comply with Federal Laws and Regulations: Title VI of the Civil Rights Act of 1964, Title VIII of the Civil Rights Act of 1968, Section 504 of the Rehabilitation Act of 1973, Title IX of the Education Amendments of 1972, Age Discrimination Act of 1975, Americans with Disabilities Act of 1990. Per Executive Order 13166, Kodiak Island Borough will take reasonable steps to ensure Limited English Proficient (LEP) persons have meaningful access to its programs and activities. Executive Order 13347 Individuals with Disabilities in Emergency Preparedness requires government to support safety and security for individuals with disabilities in situations involving disasters, including earthquakes, tornadoes, fires, floods, hurricanes, and acts of terrorism. National Environmental Policy Act (NEPA) of 1969 and the Coastal Wetlands Planning, Protection, and Restoration Act of 1990 (as applicable.) (G) The Kodiak Island Borough certifies that it has an Affirmative Action Plan /Equal Employment Opportunity Plan. An EEOP is not required for recipients of less than $25,000.00 or fewer than 50 employees. (H) The Kodiak Island Borough certifies that its employees are eligible to work in the U.S. as verified by Form 1 -9, Immigration & Naturalization Service Employment Eligibility. (I) The signature of the signatory officials on this award attests to the Kodiak Island Borough's understanding and acceptance of the National Incident Management System (NIMS) compliance requirements. The Kodiak Island Borough is considered to be in full NIMS compliance if they have adopted and implemented the FFY 2012 compliance activities, as determined by completion of the National Incident Management System Capability Assessment Support Tool (NIMSCAST). For FFY 2012, the NIMSCAST will be the required means to report NIMS compliance for future preparedness award eligibility. Completion of the FFY 2012 NIMCAST Metrics must be completed by September 30, 2013. (1) The Kodiak Island Borough must complete the Logistics Capability Assessment annually by December 31 each year. (K) It is the responsibility of the Kodiak Island Borough as the recipient of these federal funds to fully understand and comply with the requirements of: 1. Administrative Requirements 44 CFR Part 13, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments 2 CFR Part 215, OMB Circular A -110 Uniform Administrative Requirements for Grants and Other Agreements with Institutions of Higher Education, Hospitals, and Other Non- Profit Organizations at www.whitehouse.gov /omb /circulars /index.html 2. Cost Principles 2 CFR Part 225, OMB Circular A -87 Cost Principles for State, Local and Indian Tribal Governments at www.whitehousemov/omb/circulars/index.html 2 CFR Part 220, OMB Circular A -21 Cost Principles for Educational Institutions at www.whitehouse.gov/omb/cirrulars/index.html 2 CFR Part 230, OMB Circular A -122 Cost Principles for Non - Profit Organizations at wwvv.whitehouse.gov/ombicirculars/index.html Federal Acquisition Regulations (FAR), Part 31.2 Contract Cost Principles and Procedures, Contracts with Commercial Organizations 3. Audit Requirements OMB Circular A -133 Audits of States, Local Governments and Non - Profit Organizations at www.whitehousemov/omb/circulars/index.html 4. Technology Requirements 28 CFR Part 23, Criminal Intelligence System Operating Policies 5. Duplication of Benefits 2 CFR Part 225, Basic Guidelines Section C.3(c) 6. Robert T. Stafford Disaster Relief and Emergency Assistance Act, Public Law 93 -288, as amended, 42 U.S.C. §5121 -5206, and Related Authorities 7. State Requirements September 2012 Alaska State Procurement Code AS 36.30, AS36.30.005 -.030 www.$tate.ak.us/ local /akoacies /ADMIN /dqs /docs /as3630.doc Alaska Administrative Code Title 2 Chapter 12, 2 AAC 12.74. htto : / /www.lenis.state.ak.us /cqi- bin /folioisa.dll /aac Alaska Administrative Manual http : / /fn.admin.state.ak.us /dof /ak admin manual /aam toc.i$p Special Conditions (A) No funds will be reimbursed if Kodiak Island Borough representatives do not attend a 2012 Regional Grant Kick -off meeting to be held throughout the state in November and December, 2012. We certify we have read, understood, and accept the Grant Terms and Conditions, the Grant Requirements, and Project Manager's Signature Assurances and Agreements, and Special Conditions in accordance with this Award. Chief Financial Officer's Signature Signatory Official's Signature September 2012 Alaska Division of Homeland Security and Emergency Management Federal Fiscal Year 2012 State Homeland Security Grant Program (SHSP) Application 1 Application Deadline 11:59 p.m., Wednesday, August 1, 2012 Please contact Adrian Avey (adrian.avey @alaska.gov, or 907 -428 -7027 if you have any questions regarding this application. Jurisdiction: City of Kodiak/Kodiak Island Borough Responsible Borough: Kodiak Island Borough ❑ Law Enforcement Related (if applicable) Amount Requested $ 35,000.00 ❑ State Managed Alaska Shield • Project Priority #1 • ❑EHP Required (EHP Screening Form may be submitted at (Up to six (6) projects may be submitted) _ time of application) 1. Briefly explain the project and funding needs to support the below item description(s). The City of Kodiak and the Kodiak Island Borough have jointly.agreed to provide emergency response on an area wide basis in substantial accord with AS26.23.070. Each community has adopted identical disaster preparedness ordnances which provide both a basic structure for response and a delineation of proportional responsibility for response, based on the geographical location of needed response activities within the City of Kodiak or the surrounding Kodiak Island Borough. The City of Kodiak and the Kodiak Island Borough have historically collaborated on a regional area wide emergency operations plan. It has been nearly 10 years since the last major update to the plan however and the incremental updates over this time period have not kept pace with the best practices now being promulgated by DHS&EM and the federal DHS. The city and borough would like to engage the services of a qualified contractor to evaluate the adopted EOP's and develop a revised EOP suite of plans consistent with the guidelines in CPG 101 v.2, NIMS, and other relevant applicable standards. In order to ensure compliance with these latest standards, the City of Kodiak and Kodiak Island Borough would like to undertake a complete revision of the Kodiak Area Emergency Operations Plan to fit the current model for EOP's statewide. This should include a primary plan for the Kodiak Road System and step -down plans for each of the recognized rural communities located within the borough, to include Ouzinkie, Larsen Bay, Karluk, Akhiok, Old Harbor and Port Lions. In addition, the city and borough would also like to concurrently develop continuity of operations plans and evacuation plans for each community, either as embedded elements of the overall EOP or as stand -alone plan documents. The city and borough have also adopted or developed certain additional plan elements over the past 10 years since the last major EOP update re- edited and integrated with the revised Kodiak Area EOP. Such plan elements may include, but are not necessarily limited to a Pandemic Influenza Annex, a Hazard Mitigation Plan, Marine Rescue Operations Annex, and a Point of Dispensing Plan Annex, which is now in the final stages of the planning process. A qualified consultant would be selected and placed under contract for this project through a competitive selection process within 90 days of grant award. In addition, city and borough staff would expect to substantially match the grant funded efforts of a qualified consultant in arranging and attending public meetings as required to engage stakeholders from around the borough. This could also include providing meeting venues, temporary working space and other resources while the consultant is working in the Kodiak community. 2. Select one primary goal for this request. Goal 3: Strengthen Whole Community Planning and Preparedness 3. Choose the budget category(ies) and put an "X" in the box in the left column. Insert the amount of funds requested for each budget category(ies) and the total amount of funds requested for the project. Category Funding Request Z Planning $35,000.00 ❑ Equipment $ ❑ Exercise $ ❑ Training $ Total Project Funds $35,000.00 4. Please provide a description for each project component, and for equipment, please provide the authorized equipment list (AEL) number for each piece of equipment. The AEL number can be found at www.rkb.us. Description AEL # Qty Unit Cost Cost Total Discipline Contract for EOP Suite Revision 1 $35,000.00 $35,000.00 Emergency Management Choose an item. Choose an item. Choose an item. Choose an item. Choose an item. Choose an item. Choose an item. Choose an item. Choose an item. Choose an item. Choose an item. Choose an item. 5. Select one primary objective for this request. 4A. Analyze state and local all— hazards emergency operations plans for compatibility and promote the continued development of regional mutual aid agreements and procedures. Project Applications, Alaska Shield Application (if applicable), and Cover Sheet must be submitted by mail, fax, or electronically in PDF format with complete signatures to: Division of Homeland Security and Emergency Management Attn: Homeland Security Grants Administrator PO Box 5750 JBER, Alaska 99505 -5750 Email: mva.arants(a�alaska.gov Fax: (907) 428 -7009 Phone: (907) 428 -7000 or 1- 800478 -2337 Signatory Authority Form Grant Program: State Homeland Security Grant Program (SHSP) I DUNS# 1159043244 Agreement Number Date Prepared / Effective Date 8/1/2012 Name of Applicant (Jurisdiction): 92- 0030845 Tax ID #: Signatory Information Project Manager, Chief Financial Ofcer, and Signatory Official must be three (3) different individuals Primary Signatories: Grant Primary Delegations: Quarterly Secondary Delegations: Quarterly Award/Amendntenn and Financial and Narrative Grant Financial and Narrative Grant Quarterly Grant Reports Reports (only) Reports (only) Project Manager Name Duane Dvorak, Associate Planner Individual who e manage project Project Manager Address 710 Mill Bay Road, Room City, State Zip 205, Kodiak AK 99615 Project Manager 907- 486 -9362 Telephone Project Manager 907 -486 -9396 Fax Project Manager Email ddvorak @kodiakak.us Chief Financial Officer Name Highest level financial officer; authorized w Kadeton Short, Finance Director certify financial expenditures and records Chief Financial Officer Address 710 Mill Bay Road, Kodiak City, State Zip AK 99615 Chief Financial Officer Telephone 907 -486 -9320 Chief Financial Officer Fax 907 -486 -9392 Chief Financial Officer Email kshort@kodiakak.us Signatory Official Name hrisdiclion is Chief Executive Governing Charles E. Cassidy, if. Official Signatory Official Address 710 Mill Bay Road, Kodiak City, State Zip AK 99615 Signatory Official Telephone 907 -486 -9300 Signatory Official Fax Signatory Official Email bcassidy @kodiakak.us 1:1 Signatures by each a Signatures"' ` Sig r above named individuals. Project Mana i i //' AND _• prima ag na t o Prima Dele•ate Seconds Del :!ate „t.... L 't ' 1 Chief 't \ 1 Officer. � • •: Jt � e • mary Sig Primary Delegate Secondary Delegate air Si ne •t r 0 tria "stv — i'•Y i r im ary Si gnatory Prmary Delegate Se condary De legate KODIAK ISLAND BOROUGH AGENDA STATEMENT 4 ;' • REGULAR MEETING OF: DECEMBER 6, 2012 ITEM NO.: 13.D.1 TITLE: Approval of the Kodiak Island Borough Assembly 2013 Meeting Schedule. ORIGINATOR: IT Supervisor FISCAL IMPACT: ❑ Yes $ or ® No Funds Available ❑ Yes ❑ No Account Number: Amount Budgeted: ATTACHMENTS: Kodiak Island Borough Assembly 2013 Meeting Schedule APPROVAL FOR AGENDA: c SUMMARY STATEMENT: The Assembly approves the meeting schedule for the upcoming year. 2.30.030 Types of meetings. A. Regular Meeting. The assembly shall meet in the borough assembly chambers, in the borough administration building, Kodiak, Alaska, and are to commence at 7:30 p.m. on the first and third Thursdays of each month, or such other time and place as may be designated in the notice of the meeting. Public notice of changed meetings shall be made in at least one newspaper of general circulation in the borough. Meetings shall adjourn at 11:30 p.m. unless the time is extended by a majority of the votes to which the assembly is entitled. No meeting shall be extended beyond midnight, unless extended by a two- thirds vote of the assembly, except the meeting shall be extended to set the time and place for resumption of the meeting. RECOMMENDED MOTION: Move to approve the Assembly 2013 meeting schedule. Kodiak Island Borough Page 1 of 1 F.,1`p 2013 Kodiak Island Borough January February March 1 2 3 4 5 1 2 1 2 R PPE PPE PPE 6 7 8 9 10 11 12 3 4 5 6 7 8 9 3 4 5 6 7 8 9 PBRR PBZW W $ R $ LEPC $ 13 14 15 16 17 18 19 10 11 12 13 14 15 16 10 11 12 13 14 15 16 P&Z R R PPE PBRR P&Z W W PPE P&P R PPS W W PPE 20 21 22 23 24 25 26 17 18 19 20 21 22 23 17 18 19 20 21 22 23 PBRR $ , P82R R $ PAZ R $ 27 28 29 30 31 24 25 26 27 28 24 25 26 27 28 29 30 W MR W 31 . may P813 W PPE April May June ._.. ._., 2 3 4 5 6 1 2 3 4 ..._ .� ._. ..._. ...... ,�, 1 R $ R $ 7 8 9 10 11 12 13 5 6 7 8 9 10 11 2 3 4 5 6 7 8 LEPC P&RR PAZ W PPE P&zw W PPE R PPE 14 15 16 17 18 19 20 12 13 14 15 16 17 18 9 10 11 12 13 14 15 P&ZR R $ MR PBZR R $ PBRR Pea W $ 21 22 23 24 25 26 27 19 20 21 22 23 24 25 16 17 18 19 20 21 22 PRA W PPE PPE P&ZR R PPE 28 29 30 26 27 28 29 30 31 23 24 25 26 27 28 29 .� ..., P&P R W $ 30 P8R R W $ July August September ~ 1 2 3 4 5 6 1 2 3 1 2 3 4 5 6 7 R PPE R PPE ,.. lc $ 7 8 9 10 11 12 13 4 5 6 7 8 9 10 8 9 10 11 12 13 14 HA R PBZW W $ GE W $ P&R R P&Z W W PPE 14 15 16 17 18 19 20 11 12 13 14 15 16 17 15 16 17 18 19 20 21 P&ZR R PPE P&RR P&zw R PPE PBZR R $ 21 22 23 24 25 26 27 18 19 20 21 22 23 24 22 23 24 25 26 27 28 MR R W $ P&Z R $ PMR R W PPE 28 29 30 31 25 26 27 28 29 30 31 29 30 MR R W PPE October November December 2 3 4 5 ...� .__. 1 2 1 2 3 4 5 6 7 E R $ $ W L R G PPE 6 7 8 9 10 11 12 3 4 5 6 7 8 9 8 9 10 11 12 13 14 P&P R P&z W W PPE GE R PPE P&R R P8Z W W $ 13 14 15 16 17 18 19 10 11 12 13 14 15 16 15 16 17 18 19 20 21 P82 R $ ._..e, MR P&ZW W $ P&ZR R PPE 20 21 22 23 24 25 26 17 18 19 20 21 22 23 22 23 24 25 26 27 28 MR PPE P&Z R R PPE P8R R owe W $ 27 28 29 30 31 24 25 26 27 28 29 30 29 30 31 W PBRR $ Assembly Meetings Other Meetings Elections R Regular Meeting P &R R Parks & Recreation Regular Meeting PE Primary Election W Worksession LEPC Local Emergency Planning Committee E Municpal Election Planning & Zoning Meetings GE General Election P&Z R Regular Meeting PPE Pay Period Ending P&Z W Worksession $ Pay Day c¢"Rf KODIAK ISLAND BOROUGH „,..„,,..,c 4 AGENDA STATEMENT REGULAR MEETING OF: DECEMBER 6, 2012 ITEM NO.: 13.D.2 TITLE: Assembly Appointments to the Bay View Road Service Area Board. ORIGINATOR: Borough Clerk FISCAL IMPACT: ❑ Yes $ or ® No Funds Available ❑ Yes ❑ No Account Number: Amount Budgeted: ATTACHMENTS: Bay View Road Service Area Board Roster APPROVAL FOR AGENDA SUMMARY STATEMENT: No one declared candidacy at the last election for this board. The incumbents, Mr. Fred Roberts and Jim Schauff, expressed their desire to continue their service to the Clerk. Mr. Reed Oswalt who is the Chairperson for this board noted approval to the appointments of Mr. Roberts and Mr. Schauff. Both Mr. Roberts and Mr. Jim Schauff are qualified voters within the borough and are both residents of the Service Area. RECOMMENDED MOTION: Move to appoint Mr. Fred Roberts and Mr. Jim Schauff to the Bay View Road Service Area Board for Terms to Expire 2015. Kodiak Island Borough Page 1 of 1 °°# ms KODIAK ISLAND BOROUGH BAY VIEW ROAD SERVICE AREA BOARD "''�I� NAME TERM HOME WORK EMAIL PHONE PHONE FAX NO. Margo Carmichael 2013 486 -6874 486 -6874 carmichael.margo(@gmail.com PO Box 2545 Kodiak, AK 99615 Peter Ivanoff 2013 512 -0744 942 -1927 p ivanoff hotmail.com 1832 Monashka Circle Kodiak, AK 99615 Reed Oswalt 2014 486 -4486 486 -4514 mroswalt PO Box 722 Kodiak, AK 99615 Fred Roberts 2012 486 -5571 539 -1571 kodiak375n gci.net PO Box 8530 Kodiak, AK 99615 Jim Schauff 2012 486 -4412 kkschauff(a)gci.net PO Box 8150 Kodiak, AK 99615 This board is governed by Kodiak Island Borough Code 4.90 Revision Date: 10/25/2011 Revised by: JK v* {, A,7•7*.- \ KODIAK ISLAND BOROUGH A V• AGENDA STATEMENT REGULAR MEETING OF: DECEMBER 6, 2012 ITEM NO.: 13.D.3 TITLE: State of Alaska Alcoholic Beverage Control Board Request for Renewal of Liquor License Applications Within the Kodiak Island Borough Jurisdiction. ORIGINATOR: Borough Clerk FISCAL IMPACT: ❑ Yes $ or ® No Funds Available ❑ Yes ❑ No Account Number: Amount Budgeted: ATTACHMENTS: 2013 Liquor License Renewals - Spreadsheet APPROVAL FOR AGENDA: 1j SUMMARY STATEMENT: 5.01.020 License renewal procedure. A. Upon receipt of notice from the Alcoholic Beverage Control Board of the board's receipt of intent to approve the renewal of a new liquor license: 1. The clerk shall investigate to determine if the borough has an interest which can be protected by protesting the approval of the application for renewal; and 2. The clerk shall check with the state troopers on the number of trouble reports at the place of business. B. If the clerk determines that the borough has no interest in protesting the renewal, the clerk shall advise the Alcoholic Beverage Control Board of continued non - objection to renewal in writing. If it is determined that the renewal could be protested based on unpaid taxes or trouble reports, it shall be scheduled for review by the borough assembly After the Clerk's office routine investigation, no protests were returned as indicated on the attached spreadsheet. RECOMMENDED MOTION: Move to voice NON - PROTEST to the State of Alaska Alcoholic Beverage Control Board for the renewal application requests indicated on the attached spreadsheet for 2013. Kodiak Island Borough Page 1 of 1 Liquor License Renewals - 2013 Lic # Establishment Name License Type Service Location Owner Name Exp Protest 621 Kalsin Bay Inn Beverage Dispensary Mile 29 Chiniak Hwy Wayne L. Sargent 2012 Yes No 622 Kalsin Bay Inn Package Store Mile 29 Chiniak Hwy Wayne L. Sargent 2012 x 1205 V.F.W. Post #7056 Club 7 Mile Monashka Bay Rd VFW Katmai Post #7056 2012 x 1711 Blue Sky Grill Beverage Dispensary- 1633 Airport Way Blue Sky Grill Inc. 2012 Seasonal x 1796 AC Express / Bells Flats Package Store 11012 Rezanof Dr West Alaska Commercial 2012 x 1955 Olds River Inn Beverage Dispensary Mile 30 Chiniak Hwy Circle B LLC 2012 x 2639 Rendezvous, The Beverage Dispensary 11652 Rezanof Way Toni Munsey & Val 2012 x 4860 Southern Wine and Spirits of Wholesale - General 5152 Tom Stiles Road Bldg B - Southern -Odom Wine 2012 Alaska Bay 2 and Spirits of Alaska LLC x 5016 Kodiak Raspberry Island Lodge Iron Creek Rasberry Island Kodiak Raspberry Island 2012 Remote Lodge Remote Lodge Inc x 5100 Roads End Restaurant/Eating Place 43844 Chiniak Hwy, Chiniak Janice & Norman Botz 2012 x ewP ;yES THE STATE Department of Commerce, Community, ,, `' � "-s °fA `" LASK and Economic Development A and BEVERAGE CONTROL BOARD j� 5848 E. Tudor Road r GOVERNOR SEAN PARNk ?1.l. Anchorage, Alaska 99507 o ALAS Main: 907,269 0350 Chris Lambert: 907.269.0359 TDD: 907.465.5437 Fax: 907272.9412 November 26, 2012 Renewal Application Notice Kodiak Island Borough Attn: Borough Clerk VIA EMAIL: njavierfa3kodiakak.us DBA Lic Type Lic # Owner Service Location Kodiak Raspberry Island Lodge 5016 Kodiak Raspberry Iron Creek Rasberry Island Remote Lodge Island Remote Lodge Inc We have received a renewal application for the above listed licenses within your jurisdiction. This is the notice as required under AS 04.11.520. Additional information concerning filing a "protest" by a local governing body under AS 04.11.480 is included in this letter. A local governing body as defined under AS 04.21.080(11) may protest the approval of an application(s) pursuant to AS 04.11.480 by furnishing the board and the applicant with a clear and concise written statement of reasons in support of a protest within 60 days of receipt of this notice. If a protest is filed, the board will not approve the application unless it finds that the protest is "arbitrary, capricious and unreasonable ". Instead, in accordance with AS 04.11.510(b), the board will notify the applicant that the application is denied for reasons stated in the protest. The applicant is entitled to an informal conference with either the director or the board and, if not satisfied by the informal conference, is entitled to a formal hearing in accordance with AS 44.62.330- 44.62 -630. IF THE APPLICANT REQUESTS A HEARING, THE LOCAL GOVERNING BODY MUST ASSIST IN OR UNDERTAKE THE DEFENSE OF ITS PROTEST. Under AS 04.11.420(a), the board may not issue a license or permit for premises in a municipality where a zoning regulation or ordinance prohibits the sale or consumption of alcoholic beverages, unless a variance of the regulation or ordinance has been approved. Under AS 04.11.420(b) municipalities must inform the board of zoning regulations or ordinances which prohibit the sale or consumption of alcoholic beverages. If a municipal zoning regulation or ordinance prohibits the sale or consumption of alcoholic beverages at the proposed premises and no variance of the regulation or ordinance has been approved, please notify us and provide a certified copy of the regulation or ordinance if you have not previously done so. Protest under AS 04.11.480 and the prohibition of sale or consumption of alcoholic beverages as required by zoning regulation or ordinance under AS 04.11.420(a) are two separate and distinct subjects. Please bear that in mind in responding to this notice. AS 04.21.010(d), if applicable, requires the municipality to provide written notice to the appropriate community council(s). If you wish to protest the application referenced above, please do so in the prescribed manner and within the prescribed time. Please show proof of service upon the applicant. For additional information please refer to 13 AAC 104.145, Local Governing Body Protest. Note: Applications applied for under AS 04.11.400(g), 13 AAC 104.335(a)(3), AS 04.11.090(e), and 13 AAC 104.660(e) must be approved by the governing body. Sincerely, SHIRLEY A. CO'1'f Director /s /eAtristine C. .Gatnbert Christine C. Lambert Licensing & Records Supervisor Christine.lambert@ alaska. og_v NOV -28 -2012 16:54 From: 9014865810 To:4669391 Pa9e:2/2 " 11/26/2012 11:17 9074869391 KIB CLERKS 1 PAGE 01 I i • w' I - " "`r, Kodiak Island Borough 3' `' Office of the Boro Clerk 7...., .;', • 710 Mill Bay Road t Kodiak, Alaska 99615 Phone (907) 486 -9310 Fax (907) 486 -9391 October 26, 2012 . SENT VIA FAX 486 -5810 i r- ? I —' ' i s Alaska State Troopers 'i I I , HJ Department of Public Safety 1 � NOV 2 9 2012 1 - 2921 A Mill Bay Road �q � i Kodiak, AK 99615 /�j /t, -,/ - - www ... :Ill) :l. )°r T ` ter ,.. . Re: Liquor License Renewals - 2013 The following liquor licenses are scheduled for renewal at the end of 2012. Please indicate if there were trouble reports for these places of business, and if so, how many over tho last two years. Per KIBC 5.01.020 License renewal procedure. A • . Upon receipt of notice from the Alcoholic Beverage Control Board of the board's receipt of intent to approve the renewal of a new liquor license: 2. The clerk shall check with the state troopers on the number: of trouble reports at the place of business. Li . DBA License Type Location Llcancco Protest _ Yee No Beverage I / 621 Kalsin Bay Inn Dispensary Mile 29 Chinlak Hwy Wayne L. Sargent 622 A Kalsin Bay Inn r Package Store , Mile 29 Chinlak V.F.W. Post Hwy Wayne L. Sargent C lub 7 ile M onas h ka Ba VFW Katmai Post /' 1205 #7056 #7056 Beverage l Dispensary— / 1711 Blue Sky Grill Seasonal 1633 Airport Way Blue Sky Grill Inc. AC Express/Bells 11012 Rezanof Dr., Alaska Commercial 1796 Flats Package Store West Company Beverage 1956 Olds River Inn Dispensary Mile 30 Chiniak Hwy Circle B LLC Beverage Toni Munsey & Val ;/ 2639 Rendezvous, The Dispensary 11662 Rezanof Way Flinders Southern Wine Southern - Odom Wine and Spirits of Wholesale — 5152 Torn Stllea Road and Spirits of Alaska 4860 Alaska Oeneral Bldg 8 — Bay 2 LLC Kodiak Raspberry Kodiak Raspberry Island Remote Iron Creek Raspberry Island Remote Lodge y d - 5016 Lodge Lodge island _ Inc. Restaurant/Eating 43844 Chiniak Hwy, / 5100 Roa P Chiniak Janice & Norman Botz i 0_,,, ((( i 0 U-Qa. s, ht, N.. ;t c,✓r' ACC NOU -29-2012 16:53 From: 9074965210 To:4969391 Page:1 /2 A • . A 4 •. .c. ;fffr A t 7 3G Rt . i Department of Public Safety Division of Alaska State Troopers Kodiak Post 2921 -A Mill l3ay Road Kodiak, AK 99615 . Telephone: (907) 486 -4121 Pax: (907) 486-9S10 The infirrruatiurr contained to thiy /ux is COSFIDE,A/lAL A:A' OR PRII'EL FUGED This fits is mtemleel for the iiAividtur/ m helun If vuu art not the hvended reed'/.ienl of dtis fia oft the re /tresenh i1 e of dm (wended re Cipienr oh) eel he'll, 113sentinatt011 OP CO /A OR M' Jilt Oil/ 7h. in /ur,natton contained ly0r0in is prohibited (hob h:n'r r evelved Mb firs rt error, please 11111/7edtateli nutl5 the seni. iii telcphunc unit return INS fit /0 the sender al they above raddros5 Thank on DATE: I L2- bt -I2- TIME: I 1 o • To: is- 13 FAX #: 9 A - -1 - FROM: 5 6,* , 1 -t om NUMBER OF PAGES TOTAL: „2 MESSAGE: K \ , ,Th.,Ip,ih P. . \sr KODI \K PU 1 t URMS ICRF E IC 2 \ \- L SER C(7P% ,5'., - Kodiak Island Borough - 17; Office of the Borough Clerk `! '- 710 Mill Bay Road • _ Kodiak, Alaska 99615 �y Phone (907) 486 -9310 Fax (907) 486 -9391 October 26, 2012 SENT VIA FAX 486 -5810 Alaska State Troopers Si' Department of Public Safety ; I 4 ' I+ 0 2921 A Mill Bay Road �,�- • Kodiak, AK 99615 (N""'" • Re: Liquor License Renewals - 2013 The following liquor licenses are scheduled for renewal at the end of 2012. Please indicate if there were trouble reports for these places of business, and if so, how many over the last two years. Per KIBC 5.01.020 License renewal procedure. A. Upon receipt of notice from the Alcoholic Beverage Control Board of the board's receipt of intent to approve the renewal of a new liquor license: 2. The clerk shall check with the state troopers on the number of trouble reports at the place of business. Lic. DBA License Type Location Licensee Protest # Yes No Beverage 621 Kalsin Bay Inn Dispensary Mile 29 Chiniak Hwy Wayne L. Sargent 622 Kalsin Bay Inn Package Store Mile 29 Chiniak Hwy Wayne L. Sargent V.F.W. Post 7 Mile Monashka Bay VFW Katmai Post 1205 #7056 Club Rd. #7056 Beverage Dispensary — 1711 Blue Sky Grill Seasonal 1633 Airport Way Blue Sky Grill Inc. AC Express /Bells 11012 Rezanof Dr., Alaska Commercial 1796 Flats Package Store West Company Beverage 1955 Olds River Inn Dispensary Mile 30 Chiniak Hwy Circle B LLC Beverage Toni Munsey & Val 2639 Rendezvous, The Dispensary 11652 Rezanof Way Flinders Southern Wine Southern -Odom Wine and Spirits of Wholesale — 5152 Tom Stiles Road and Spirits of Alaska 4860 Alaska General Bldg B — Bay 2 LLC Kodiak Raspberry Kodiak Raspberry Island Remote Iron Creek Raspberry Island Remote Lodge �v 5016 Lodge Lodge Island Inc. e O. Restaurant/Eating 43844 Chiniak Hwy, 5100 Roads End Place Chiniak Janice & Norman Botz upolwladl an- re -ec1 Please fax your response to the Borough Clerk's Office at 486 -9391. Thank you, / i • Marylynn M/a and, CMC Deputy Clerk 11/19/2012 12 :09 9074869391 1418 CLERKS ;r PAGE 01? /4..; ° �, • Kodiak Island Borough rr + �,el'�'u t Lir ' l Office of the Borough Clerk ; --; �': "�r ,* ; { , 710 Mill Bay Road ; Ln� ,�� Kodiak, Alaska 99615 g Phone (907) 486 -9310 Fax (907) 486 -9391 , October 26, 2012 I ,,- L u ';�6 jr t , `i S ENT VIA FAX 4865810 - - __ I I ; l i Alaska State Troopers � ! NOV 2 1 201 " I Department of Public Safety t i r , 2921 A Mill Bay Road G� p n • , Kodiak, AK 99615 pt , CL ARK -� .(.1kOliu sPFF Re: Liquor License Renewals - 2013 ( The following liquor licensos are scheduled for renewal at the end of 20 Please indicate if there were trouble reports for these places of business, and if so, how many over the last two years. . Per KIBC 5,01.020 License renewal procedure, I A. Upon receipt of notice from the Alcoholic Beverage Control Board of the board's receipt of Intent to 3 approve the renewal of a new liquor license: 2. The clerk shall check with the state troopers on the number of trouble reports at the place of business. LIc, DBA I License Type Location Licensee Protest # - Yes No Beverage 621 Kaisln Bay Inn Dispensary , Mlle 29 Chlnlak Hwy Wayne L, Sargent 822 , Kalsin Bay Inn Package Store Mile 29 Chiniak Hwy Wayne L. Saent V,F.W. Post 7 Mile Monashks Bay VFW Katrnal Post 1205 #7056 Club Rd. #7056 i Beverage Dispensary - / 1711 Blue sky Grill Seasonal 1633 Airport Way Blue Sky Grill Inc. AC Express/Bells 11012 Rezenor Dr., Alaska Commercial 1796 Fiats Package Store West Company _ i _ Beverage 1955 Olds River Inn Dispensary Mile 30 Chiniak Hwy Circle 6 LLC Beverage Toni Munsey & Val 2639 Rendezvous, The Dispensary 11682 Rezanof Way Flinders _ southern Wine Southern -Odom Wine and Spirits of Wholesale - 5152 Tom Stiles Road and Spirits of Alaska A860 Alaska General 81dq 8 - Bay 2 LLC ori3,na,t Sea+ qnc� rt-orne 6 161 Z T,T:;Sed T62E9817: 0I8S986L06 :WOJJ £0:80 2102- T2 -r10N • Please fax your response to the Borough Clerk's Office at 486 -9391. Tha you, Maryl u cFarland, C Deputy Clerk P9 2 • Kodiak Island Borough wsitaccimv.-.A. Office of the Borough Clerk is #:;1?Zete0 710 Mill Bay Road 5 r` Kodiak, Alaska 99615 15 Phone (907) 486 -9310 Fax (907) 486 -9391 October 26, 2012 SENT VIA FAX 486 -5810 Alaska State Troopers -f�� ;t 29 1 A Mill Department Public Safety l a 2921 A Mill Bay y Road �(�( ' Kodiak, AK 99615 Re: Liquor License Renewals - 2013 The following liquor licenses are scheduled for renewal at the end of 2012. Please indicate if there were trouble reports for these places of business, and if so, how many over the last two years. Per KIBC 5.01.020 License renewal procedure. A. Upon receipt of notice from the Alcoholic Beverage Control Board of the board's receipt of intent to approve the renewal of a new liquor license: 2. The clerk shall check with the state troopers on the number of trouble reports at the place of business. Lic. DBA License Type Location Licensee Protest # Yes No Beverage 621 Raisin Bay Inn Dispensary Mile 29 Chiniak Hwy Wayne L. Sargent 622 Kalsin Bay Inn Package Store Mile 29 Chiniak Hwy Wayne L. Sargent V.F.W. Post 7 Mile Monashka Bay VFW Katmai Post 1205 #7056 Club Rd. #7056 Beverage Dispensary — 1711 Blue Sky Grill Seasonal 1633 Airport Way Blue Sky Grill Inc. AC Express /Bells 11012 Rezanof Dr., Alaska Commercial 1796 Flats Package Store West Company Beverage 1955 Olds River Inn Dispensary Mile 30 Chiniak Hwy Circle B LLC Beverage Toni Munsey & Val 2639 Rendezvous, The Dispensary 11652 Rezanof Way Flinders Southern Wine Southern -Odom Wine and Spirits of Wholesale — 5152 Tom Stiles Road and Spirits of Alaska 4860 Alaska General Bldg B — Bay 2 LLC • Lic # Establishment Name License Type City Name Borough Service Location Owner Name Owner Address Description 621 Kalsin Bay Inn Beverage Outside Kodiak Island Mile 29 Chiniak Hwy Wayne L. Sargent PO Box 8928, Kodiak, Dispensary City Limits Borough AK 99615 622 Kalsin Bay Inn Package Store Outside Kodiak Island Mile 29 Chiniak Hwy Wayne L. Sargent PO Box 8928, Kodiak, City Limits Borough AK 99615 1205 V.F.W. Post #7056 Club Outside Kodiak Island 7 Mile Monashka Bay VFW Katmai Post PO Box 404, Kodiak, AK City Limits Borough Rd #7056 99615 1711 Blue Sky Grill Beverage Outside Kodiak Island 1633 Airport Way Blue Sky Grill Inc. PO Box 3, Kodiak, AK Dispensary- City Limits Borough 99615 Seasonal 1796 AC Express / Bells Package Store Outside Kodiak Island 11012 Rezanof Dr West Alaska Commercial 550 W 64th Ave Ste 200, Flats City Limits Borough Company Anchorage, AK 99518 1955 Olds River Inn Beverage Outside Kodiak Island Mile 30 Chiniak Hwy Circle B LLC PO Box 186, Kodiak, AK Dispensary City Limits Borough 99615 2639 Rendezvous, The Beverage Outside Kodiak Island 11652 Rezanof Way Toni Munsey & Val 734 Willow Cir, Kodiak, Dispensary City Limits Borough Flinders AK 99615 4860 Southern Wine and Wholesale - General Outside Kodiak Island 5152 Torn Stiles Road Southern -Odom Wine 1600 NW 163rd Street, Spirits of Alaska City Limits Borough Bldg B - Bay 2 and Spirits of Alaska Miami, FL 33169 LLC 5016 Kodiak Raspberry Lodge Outside Kodiak Island Iron Creek Rasberry Kodiak Raspberry PO Box 888, Kodiak , AK Island Remote Lodge City Limits Borough Island Island Remote Lodge 99615 Inc 5100 Roads End Restaurant/Eating Outside Kodiak Island 43844 Chiniak Hwy, Janice & Norman Botz PO Box 5508, Chiniak, Place City Limits Borough Chiniak AK 99615 Kodiak Island Borough Office of the Borough Clerk , l 710 Mill Bay Road ni Kodiak, Alaska 99615 Phone (907) 486 -9310 Fax (907) 486 -9391 MEMO TO: 1 /Borough Manager -.c Finance Department Director *Assessing Department Director ,Building Official ✓.C• ommunity Development Department Director „6Fire Marshall 6 yEngineering and Facilities Depart e�enntt Director FROM: Marylynn McFarland, Deputy Cler Through Nova Javier, Borough Cler DATE: October 24, 2012 SUBJECT: Liquor License Renewals - 251/03 The following liquor licenses are scheduled for renewal at the end of 2012. Please indicate whether or not the Borough, with regard to your department, has an interest which can be protected by protesting the approval of the application for renewal. Please return this memo to the Clerk's Office by Friday, November 16, 2012. Per KIBC 5.01.020 License renewal procedure. A. Upon receipt of notice from the Alcoholic Beverage Control Boardof the board's receipt of intent to approve the renewal of a new liquor license: 1. The clerk shall investigate to determine if the borough has an interest which can be protected by protesting the approval of the application for renewal. Lic. DBA License Type Location Licensee Protest Yes No Beverage 621 Kalsin Bay Inn Dispensary Mile 29 Chiniak Hwy Wayne L. Sargent 622 Kalsin Bay Inn Package Store Mile 29 Chiniak Hwy Wayne L. Sargent V.F.W. Post 7 Mile Monashka Bay VFW Katmai Post 1205 #7056 Club Rd. #7056 Beverage Dispensary — 1711 Blue Sky Grill Seasonal 1633 Airport Way Blue Sky Grill Inc. AC Express /Bells 11012 Rezanof Dr., Alaska Commercial 1796 Flats Package Store West Company Beverage 1955 Olds River Inn Dispensary Mile 30 Chiniak Hwy Circle B LLC Beverage Toni Munsey & Val 2639 Rendezvous, The Dispensary 11652 Rezanof Way Flinders Southern Wine Southern -Odom Wine and Spirits of Wholesale — 5152 Tom Stiles Road and Spirits of Alaska 4860 Alaska General Bldg B — Bay 2 LLC Continued... Kodiak Raspberry Kodiak Raspberry Island Remote Iron Creek Raspberry Island Remote Lodge 5016 Lodge Lodge Island Inc. Restaurant/Eating 43844 Chiniak Hwy, 5100 Roads End Place Chiniak Janice & Norman Botz The Department has an The Department has NO interest in the following license renewal(s), which interest, which can be protected by protesting the can be protected by protesting the application for application for transfer. transfer. Please indicate the license(s) and the interest(s) to be protected: Signature: Signature: Date: Date: Additional Comments Below: Kodiak Island orough `t itrilyney X k Office of the Borough Clerk is a 710 Mill Bay Road C_1l Kodiak, Alaska 99615 Phone (907) 486 -9310 Fax (907) 486 -9391 MEMO TO: /Borough Manager nance Department Director et Assessing Department Director Building Official ommunity Development Department Director sFire Marshall vEngineering and Facilities Depart ent Director ig, L IJ L 1 ,.. . FROM: Marylynn McFarland, Deputy Cler .� - - - - -- Through Nova Javier, Borough Cle, • _! i NOV 1 9 2012 u DATE: October 24, 2012 SUBJECT: Liquor License Renewals - 20 I 'I c The following liquor licenses are scheduled for renewal at the end of 2012. Please indicate whether or not the Borough, with regard to your department, has an interest which can be protected by protesting the approval of the application for renewal. Please return this memo to the Clerk's Office by Friday, November 16, 2012. Per KIBC 5.01.020 License renewal procedure. A. Upon receipt of notice from the Alcoholic Beverage Control Board of the board's receipt of intent to approve the renewal of a new liquor license: 1. The clerk shall investigate to determine if the borough has an interest which can be protected by protesting the approval of the application for renewal. Lie. DBA License Type Location Licensee Protest Yes No Beverage 621 Kalsin Bay Inn Dispensary Mile 29 Chiniak Hwy Wayne L. Sargent 622 Kalsin Bay Inn Package Store Mile 29 Chiniak Hwy Wayne L. Sargent V.F.W. Post 7 Mile Monashka Bay VFW Katmai Post 1205 #7056 Club Rd. #7056 Beverage Dispensary — 1711 Blue Sky Grill Seasonal 1633 Airport Way Blue Sky Grill Inc. AC Express /Bells 11012 Rezanof Dr., Alaska Commercial 1796 Flats Package Store West Company • Beverage 1955 Olds River Inn Dispensary Mile 30 Chiniak Hwy Circle B LLC Beverage Toni Munsey & Val 2639 Rendezvous, The Dispensary 11652 Rezanof Way Flinders Southern Wine Southern -Odom Wine and Spirits of Wholesale — 5152 Tom Stiles Road and Spirits of Alaska 4860 Alaska General Bldg B — Bay 2 LLC Continued... Kodiak Raspberry Kodiak Raspberry Island Remote Iron Creek Raspberry Island Remote Lodge 5016 Lodge Lodge Island Inc. Restaurant/Eating 43844 Chiniak Hwy, 5100 Roads End Place Chiniak Janice & Norman Botz The Department has an The ph inlet_ Department has NO interest in the following license renewal(s), which interest, which can be protected by protesting the can be protected by protesting the application for application for transfer. transfer. Please indicate the license(s) and the interest(s) to be protected: �/ Signature: , / - Signature: /) Date: Date: // /9 Additional Comments Below: Lic # Establishment Name License Type City Name Borough Service Location Owner Name Owner Address :, Description 621 Kalsin Bay Inn Beverage Outside Kodiak Island Mile 29 Chiniak Hwy Wayne L. Sargent PO Box 8928, Kodiak, Dispensary City Limits Borough AK 99615 622 Kalsin Bay Inn Package Store Outside Kodiak Island Mile 29 Chiniak Hwy Wayne L. Sargent PO Box 8928, Kodiak, City Limits Borough AK 99615 1205 V.F.W. Post #7056 Club Outside Kodiak Island 7 Mile Monashka Bay VFW Katmai Post PO Box 404, Kodiak, AK City Limits Borough Rd #7056 99615 1711 Blue Sky Grill Beverage Outside Kodiak Island 1633 Airport Way Blue Sky Grill Inc. PO Box 3, Kodiak, AK Dispensary- City Limits Borough 99615 Seasonal 1796 AC Express / Bells Package Store Outside Kodiak Island 11012 Rezanof Dr West Alaska Commercial 550 W 64th Ave Ste 200, Flats City Limits Borough Company Anchorage, AK 99518 1955 Olds River Inn Beverage Outside Kodiak Island Mile 30 Chiniak Hwy Circle 6 LLC PO Box 186, Kodiak, AK Dispensary City Limits Borough 99615 2639 Rendezvous, The Beverage Outside Kodiak Island 11652 Rezanof Way Toni Munsey & Val 734 Willow Cir, Kodiak, Dispensary City Limits Borough Flinders AK 99615 4860 Southern Wine and Wholesale - General Outside Kodiak Island 5152 Tom Stiles Road Southern -Odom Wine 1600 NW 163rd Street, Spirits of Alaska City Limits Borough Bldg B - Bay 2 and Spirits of Alaska Miami, FL 33169 LLC 5016 Kodiak Raspberry Lodge Outside Kodiak Island Iron Creek Rasberry Kodiak Raspberry PO Box 888, Kodiak , AK Island Remote Lodge City Limits Borough Island Island Remote Lodge 99615 Inc 5100 Roads End Restaurant/Eating Outside Kodiak Island 43844 Chiniak Hwy, Janice & Norman Botz PO Box 5508. Chiniak, Place City Limits Borough Chiniak AK 99615 ti i . 44 > Kodiak Island Borough 4t? _`% "� O ffice of the Borough Clerk s . E' 1 , r „ a, 710 Mill Bay Road t^ , , .... , .. ��t� , . H Kodiak, Alaska 99615 -" t` Phone (907) 486 -9310 Fax (907) 486 -9391 MEMO TO: Borough Manager Finance Department Director Assessing Department Director Building Official Community Development Department Director Fire Marshall Engineering and Facilities Depart ent Director FROM: Marylynn McFarland, Deputy Cler Through Nova Javier, Borough Cler DATE: October 24, 2012 SUBJECT: Liquor License Renewals - 2012 The following liquor licenses are scheduled for renewal at the end of 2012. Please indicate whether or not the Borough, with regard to your department, has an interest which can be protected by protesting the approval of the application for renewal. Please return this memo to the Clerk's Office by Friday, November 16, 2012. Per KIBC 5.01.020 License renewal procedure. A. Upon receipt of notice from the Alcoholic Beverage Control Board of the board's receipt of intent to approve the renewal of a new liquor license: 1. The clerk shall investigate to determine if the borough has an interest which can be protected by protesting the approval of the application for renewal. Lic. DBA License Type Location Licensee Protest # Yes No Beverage P 621 Kalsin Bay Inn Dispensary Mile 29 Chiniak Hwy Wayne L. Sargent 622 Kalsin Bay Inn Package Store Mile 29 Chiniak Hwy Wayne L. Sargent le V.F.W. Post 7 Mile Monashka Bay VFW Katmai Post /Pt 1205 #7056 Club Rd. #7056 Beverage Dispensary — k 1711 Blue Sky Grill Seasonal 1633 Airport Way Blue Sky Grill Inc. b AC Express /Bells 11012 Rezanof Dr., Alaska Commercial („ 1796 Flats Package Store West Company f7' Beverage C 1955 Olds River Inn Dispensary Mile 30 Chiniak Hwy Circle B LLC bj Beverage Toni Munsey & Val b61, , 2639 Rendezvous, The Dispensary 11652 Rezanof Way Flinders Southern Wine Southern -Odom Wine and Spirits of Wholesale — 5152 Tom Stiles Road and Spirits of Alaska �1, ' 4860 Alaska General Bldg B — Bay 2 LLC Continued... Lic # Establishment Name License Type City Name Borough Service Location Owner Name Owner Address ` Description 621 Kalsin Bay Inn Beverage Outside Kodiak Island Mile 29 Chiniak Hwy Wayne L. Sargent PO Box 8928, Kodiak, . Dispensary City Limits Borough AK 99615 622 Kalsin Bay Inn Package Store Outside Kodiak Island Mile 29 Chiniak Hwy Wayne L. Sargent PO Box 8928, Kodiak, City Limits Borough AK 99615 1205 V.F.W. Post #7056 Club Outside Kodiak Island 7 Mile Monashka Bay VFW Katmai Post PO Box 404, Kodiak, AK City Limits Borough Rd #7056 99615 1711 Blue Sky Grill Beverage Outside Kodiak Island 1633 Airport Way Blue Sky Grill Inc. PO Box 3, Kodiak, AK Dispensary- City Limits Borough 99615 Seasonal 1796 AC Express / Bells Package Store Outside Kodiak Island 11012 Rezanof Dr West Alaska Commercial 550 W 64th Ave Ste 200, Flats City Limits Borough Company Anchorage, AK 99518 1955 Olds River Inn Beverage Outside Kodiak Island Mile 30 Chiniak Hwy Circle B LLC PO Box 186, Kodiak, AK Dispensary City Limits Borough 99615 2639 Rendezvous, The Beverage Outside Kodiak Island 11652 Rezanof Way Toni Munsey & Val 734 Willow Cir, Kodiak, Dispensary City Limits Borough Flinders AK 99615 4860 Southem Wine and Wholesale - General Outside Kodiak Island 5152 Tom Stiles Road Southern -Odom Wine 1600 NW 163rd Street, Spirits of Alaska City Limits Borough Bldg B - Bay 2 and Spirits of Alaska Miami, FL 33169 LLC 5016 Kodiak Raspberry Lodge Outside Kodiak Island Iron Creek Rasberry Kodiak Raspberry PO Box 888, Kodiak , AK Island Remote Lodge City Limits Borough Island Island Remote Lodge 99615 Inc 5100 Roads End Restaurant/Eating Outside Kodiak Island 43844 Chiniak Hwy, Janice & Norman Botz PO Box 5508, Chiniak, Place City Limits Borough Chiniak AK 99615 *; °`> - Kodiak Island Borough `` .. I i "\ Office of the Borough Clerk ` '4 ,1 ;-:0,71 -' 710 Mill Bay Road �!� , - , Kodiak, Alaska 99615 '' Phone (907) 486 -9310 Fax (907) 486 -9391 MEMO TO: Borough Manager Finance Department Director Assessing Department Director Building Official Community Development Department Director Fire Marshall- - _ Engineering and Facilities Depart ent Director ; I i � L Lg u v 6 (s ' , ; 1 FROM: Marylynn McFarland, Deputy Cler I i t ! Through Nova Javier, Borough Cler n I' i,-, NOV 1 9 2012 t Y DATE: October 24, 2012 'i;l 0l.11;! Cl_C:W; O FF!CE SUBJECT: Liquor License Renewals - 2012 The following liquor licenses are scheduled for renewal at the end of 2012. Please indicate whether or not the Borough, with regard to your department, has an interest which can be protected by protesting the approval of the application for renewal. Please return this memo to the Clerk's Office by Friday, November 16, 2012. Per KIBC 5.01.020 License renewal procedure. A. Upon receipt of notice from the Alcoholic Beverage Control Board of the board's receipt of intent to approve the renewal of a new liquor license: 1. The clerk shall investigate to determine if the borough has an interest which can be protected by protesting the approval of the application for renewal. Lic. DBA License Type Location Licensee Protest # Yes No Beverage 621 Kalsin Bay Inn Dispensary Mile 29 Chiniak Hwy Wayne L. Sargent 622 Kalsin Bay Inn Package Store Mile 29 Chiniak Hwy Wayne L. Sargent V.F.W. Post 7 Mile Monashka Bay VFW Katmai Post i/ 1205 #7056 Club Rd. #7056 Beverage Dispensary — ✓ 1711 Blue Sky Grill Seasonal 1633 Airport Way Blue Sky Grill Inc. AC Express /Bells 11012 Rezanof Dr., Alaska Commercial i/ 1796 Flats Package Store West Company Beverage LV 1955 Olds River Inn Dispensary Mile 30 Chiniak Hwy Circle B LLC Beverage Toni Munsey & Val 2639 Rendezvous, The Dispensary 11652 Rezanof Way Flinders Southern Wine Southern -Odom Wine and Spirits of Wholesale — 5152 Tom Stiles Road and Spirits of Alaska it 4860 Alaska General Bldg B — Bay 2 LLC Continued... Kodiak Island Borough 4 Apr'," Office of the Borough Clerk 710 Mill Bay Road C 't ter Kodiak, Alaska 99615 Phone (907) 486 -9310 Fax (907) 486 -9391 MEMO TO: Borough Manager Finance Department Director Assessing Department Director Building Official Community Development Department Director Fire Marshall Engineering and Facilities Depart ent Director it i� i ; , ' —� it ; FROM: Marylynn McFarland, Deputy Clerk I , Through Nova Javier, Borough Cler NOV - 7 2012 1 l �` DATE: October 24, 2012 r fai it C i : V S CFFIUt . SUBJECT: Liquor License Renewals - 2012 The following liquor licenses are scheduled for renewal at the end of 2012. Please indicate whether or not the Borough, with regard to your department, has an interest which can be protected by protesting the • approval of the application for renewal. Please return this memo to the Clerk's Office by Friday, November 16, 2012. Per KIBC 5.01.020 License renewal procedure. A. Upon receipt of notice from the Alcoholic Beverage Control Board of the board's receipt of intent to approve the renewal of a new liquor license: 1. The clerk shall investigate to determine if the borough has an interest which can be protected by protesting the approval of the application for renewal. Lic. DBA License Type Location Licensee Protest # Yes No Beverage 621 Kalsin Bay Inn Dispensary Mile 29 Chiniak Hwy Wayne L. Sargent 622 Kalsin Bay Inn Package Store Mile 29 Chiniak Hwy Wayne L. Sargent V.F.W. Post 7 Mile Monashka Bay VFW Katmai Post 1205 #7056 Club Rd. #7056 Beverage Dispensary — 1711 Blue Sky Grill Seasonal 1633 Airport Way Blue Sky Grill Inc. AC Express /Bells 11012 Rezanof Dr., Alaska Commercial 1796 Flats Package Store West Company Beverage 1955 Olds River Inn Dispensary Mile 30 Chiniak Hwy Circle B LLC Beverage Toni Munsey & Val 2639 Rendezvous, The Dispensary 11652 Rezanof Way Flinders Southern Wine Southern -Odom Wine and Spirits of Wholesale — 5152 Tom Stiles Road and Spirits of Alaska 4860 Alaska General Bldg B — Bay 2 _ LLC Continued... , .r Lic # Establishment Name License Type City Name Borough Service Location Owner Name Owner Address ,? Description 621 Kalsin Bay Inn Beverage Outside Kodiak Island Mile 29 Chiniak Hwy Wayne L. Sargent PO Box 8928, Kodiak, Dispensary City Limits Borough AK 99615 622 Kalsin Bay Inn Package Store Outside Kodiak Island Mile 29 Chiniak Hwy Wayne L. Sargent PO Box 8928, Kodiak, City Limits Borough AK 99615 1205 V.F.W. Post #7056 Club Outside Kodiak Island 7 Mile Monashka Bay VFW Katmai Post PO Box 404, Kodiak, AK City Limits Borough Rd #7056 99615 1711 Blue Sky Grill Beverage Outside Kodiak Island 1633 Airport Way Blue Sky Grill Inc. PO Box 3, Kodiak, AK Dispensary- City Limits Borough 99615 Seasonal 1796 AC Express / Bells Package Store Outside Kodiak Island 11012 Rezanof Dr West Alaska Commercial 550 W 64th Ave Ste 200, Flats City Limits Borough Company Anchorage, AK 99518 1955 Olds River Inn Beverage Outside Kodiak Island Mile 30 Chiniak Hwy Circle B LLC PO Box 186, Kodiak, AK Dispensary City Limits Borough 99615 2639 Rendezvous, The Beverage Outside Kodiak Island 11652 Rezanof Way Toni Munsey & Val 734 Willow Cir, Kodiak, Dispensary City Limits Borough Flinders AK 99615 4860 Southern Wine and Wholesale - General Outside Kodiak Island 5152 Tom Stiles Road Southern -Odom Wine 1600 NW 163rd Street, Spirits of Alaska City Limits Borough Bldg B - Bay 2 and Spirits of Alaska Miami, FL 33169 LLC 5016 Kodiak Raspberry Lodge Outside Kodiak Island Iron Creek Rasberry Kodiak Raspberry PO Box 888, Kodiak , AK Island Remote Lodge City Limits Borough Island Island Remote Lodge 99615 Inc 5100 Roads End Restaurant/Eating Outside Kodiak Island 43844 Chiniak Hwy, Janice & Norman Botz PO Box 5508, Chiniak, Place City Limits Borough Chiniak AK 99615 r :., Kodiak Island Borough :;`a,, -.4 * ( 1 . � Office of the Borough Clerk . �,` l or' 'es- 710 Mill Bay Road fittli , < : ' N Kodiak, Alaska 99615 Phone (907) 486 -9310 Fax (907) 486 -9391 MEMO TO: Borough Manager Finance Department Director Assessing Department Director Building Official Community Development Department Director Fire Marshall Engineering and Facilities Depart ent Director L FROM: Marylynn McFarland, Deputy Cler � � I � �' � i � � it U fs Through Nova Javier, Borough Cler � — ~ — �l� '' ;i II' r'i • DATE: October 24, 2012 I '' OCT 2 6 2012 iI L SUBJECT: Liquor License Renewals - 2012 Ails , 2„ -„,, "-- The following liquor licenses are scheduled for renewal at the end of 201. Please indicate whether or not the Borough, with regard to your department, has an interest which can be protected by protesting the approval of the application for renewal. Please return this memo to the Clerk's Office by Friday, November 16, 2012. Per KIBC 5.01.020 License renewal procedure. A. Upon receipt of notice from the Alcoholic Beverage Control Board of the board's receipt of intent to approve the renewal of a new liquor license: 1. The clerk shall investigate to determine if the borough has an interest which can be protected by protesting the approval of the application for renewal. Lic. DBA License Type Location Licensee Protest # Yes No Beverage 621 Kalsin Bay Inn Dispensary Mile 29 Chiniak Hwy Wayne L. Sargent J� 622 Kalsin Bay Inn Package Store Mile 29 Chiniak Hwy Wayne L. Sargent V.F.W. Post 7 Mile Monashka Bay VFW Katmai Post , / 1205 #7056 Club Rd. #7056 �( Beverage Dispensary — 1711 Blue Sky Grill Seasonal 1633 Airport Way Blue Sky Grill Inc. AC Express /Bells 11012 Rezanof Dr., Alaska Commercial `' 1796 Flats Package Store West Company �( Beverage 1955 Olds River Inn Dispensary Mile 30 Chiniak Hwy Circle B LLC Beverage Toni Munsey & Val 2639 Rendezvous, The Dispensary 11652 Rezanof Way Flinders Southern Wine Southern -Odom Wine and Spirits of Wholesale — 5152 Tom Stiles Road and Spirits of Alaska 4860 Alaska General Bldg B — Bay 2 LLC Continued... 1 Lic # Establishment Name License Type City Name Borough Service Location Owner Name Owner Address Description 621 Kalsin Bay Inn Beverage Outside Kodiak Island Mile 29 Chiniak Hwy Wayne L. Sargent PO Box 8928, Kodiak, Dispensary City Limits Borough AK 99615 622 Kalsin Bay Inn Package Store Outside Kodiak Island Mile 29 Chiniak Hwy Wayne L. Sargent PO Box 8928, Kodiak, City Limits Borough AK 99615 1205 V.F.W. Post #7056 Club Outside Kodiak Island 7 Mile Monashka Bay VFW Katmai Post PO Box 404, Kodiak, AK City Limits Borough Rd #7056 99615 1711 Blue Sky Grill Beverage Outside Kodiak Island 1633 Airport Way Blue Sky Grill Inc. PO Box 3, Kodiak, AK Dispensary- City Limits Borough 99615 Seasonal 1796 AC Express / Bells Package Store Outside Kodiak Island 11012 Rezanof Dr West Alaska Commercial 550 W 64th Ave Ste 200, Flats City Limits Borough Company Anchorage, AK 99518 1955 Olds River Inn Beverage Outside Kodiak Island Mile 30 Chiniak Hwy Circle B LLC PO Box 186, Kodiak, AK Dispensary City Limits Borough 99615 2639 Rendezvous, The Beverage Outside Kodiak Island 11652 Rezanof Way Toni Munsey & Val 734 Willow Cir, Kodiak, Dispensary City Limits Borough Flinders AK 99615 4860 Southern Wine and Wholesale - General Outside Kodiak Island 5152 Tom Stiles Road Southern -Odom Wine 1600 NW 163rd Street, Spirits of Alaska City Limits Borough Bldg B - Bay 2 and Spirits of Alaska Miami, FL 33169 LLC 5016 Kodiak Raspberry Lodge Outside Kodiak Island Iron Creek Rasberry Kodiak Raspberry PO Box 888, Kodiak , AK Island Remote Lodge City Limits Borough Island Island Remote Lodge 99615 Inc 5100 Roads End Restaurant/Eating Outside Kodiak Island 43844 Chiniak Hwy, Janice & Norman Botz PO Box 5508, Chiniak, Place City Limits Borough Chiniak AK 99615 Kodiak Island Borough ' %% Office of the Borough Clerk r - -*tic: 710 Mill Bay Road E ► , k . 'y' Kodiak, Alaska 99615 Phone (907) 486 -9310 Fax (907) 486 -9391 MEMO TO: Borough Manager Finance Department Director Assessing Department Director Building Official Community Development Department Director Fire Marshall ' Engineering and Facilities Depart ent Director FROM Marylynn McFarland, Deputy Cler _ ,; _ Through Nova Javier, Borough Cler , ), - �;� ' DATE: October 24, 2012 l' ; ; NOV - 2 2012 ' I SUBJECT: Liquor License Renewals - 2012 The following liquor licenses are scheduled for renewal at the end of 2012. Please"ihd whether or not the Borough, with regard to your department, has an interest which can be protected by protesting the approval of the application for renewal. Please return this memo to the Clerk's Office by Friday, November 16, 2012. Per KIBC 5.01.020 License renewal procedure. A. Upon receipt of notice from the Alcoholic Beverage Control Board of the board's receipt of intent to approve the renewal of a new liquor license: 1. The clerk shall investigate to determine if the borough has an interest which can be protected by protesting the approval of the application for renewal. Lic. DBA License Type Location Licensee Protest # Yes No Beverage 621 Kalsin Bay Inn Dispensary Mile 29 Chiniak Hwy Wayne L. Sargent )/ 622 Kalsin Bay Inn Package Store Mile 29 Chiniak Hwy Wayne L. Sargent Al V.F.W. Post 7 Mile Monashka Bay VFW Katmai Post 1205 #7056 Club Rd. #7056 A Beverage Dispensary — 1711 Blue Sky Grill Seasonal 1633 Airport Way Blue Sky Grill Inc. AC Express /Bells . 11012 Rezanof Dr., Alaska Commercial 1796 Flats Package Store West Company Beverage 1955 Olds River Inn Dispensary Mile 30 Chiniak Hwy Circle B LLC Beverage Toni Munsey & Val " 2639 Rendezvous, The Dispensary 11652 Rezanof Way Flinders X Southern Wine Southern -Odom Wine and Spirits of Wholesale — 5152 Tom Stiles Road and Spirits of Alaska 4860 Alaska General Bldg 6 — Bay 2 LLC Continued... Lic # Establishment Name License Type City Name Borough Service Location Owner Name Owner Address • Description 621 Kalsin Bay Inn Beverage Outside Kodiak Island Mile 29 Chiniak Hwy Wayne L. Sargent PO Box 8928, Kodiak, Dispensary City Limits Borough AK 99615 622 Kalsin Bay Inn Package Store Outside Kodiak Island Mile 29 Chiniak Hwy Wayne L. Sargent PO Box 8928, Kodiak, City Limits Borough AK 99615 1205 V.F.W. Post #7056 Club Outside Kodiak Island 7 Mile Monashka Bay VFW Katmai Post PO Box 404, Kodiak, AK City Limits Borough Rd #7056 99615 1711 Blue Sky Grill Beverage Outside Kodiak Island 1633 Airport Way Blue Sky Grill Inc. PO Box 3, Kodiak, AK Dispensary- City Limits Borough 99615 Seasonal 1796 AC Express / Bells Package Store Outside Kodiak Island 11012 Rezanof Dr West Alaska Commercial 550 W 64th Ave Ste 200, Flats City Limits Borough Company Anchorage, AK 99518 1955 Olds River Inn Beverage Outside Kodiak Island Mile 30 Chiniak Hwy Circle B LLC PO Box 186, Kodiak, AK Dispensary City Limits Borough 99615 2639 Rendezvous, The Beverage Outside Kodiak Island 11652 Rezanof Way Toni Munsey & Val 734 Willow Cir, Kodiak, Dispensary City Limits Borough Flinders AK 99615 4860 Southern Wine and Wholesale - General Outside Kodiak Island 5152 Tom Stiles Road Southern -Odom Wine 1600 NW 163rd Street, Spirits of Alaska City Limits Borough Bldg B - Bay 2 and Spirits of Alaska Miami, FL 33169 LLC 5016 Kodiak Raspberry Lodge Outside Kodiak Island Iron Creek Rasberry Kodiak Raspberry PO Box 888, Kodiak , AK Island Remote Lodge City Limits Borough Island Island Remote Lodge 99615 Inc 5100 Roads End Restaurant/Eating Outside Kodiak Island 43844 Chiniak Hwy, Janice & Norman Botz PO Box 5508, Chiniak, Place City Limits Borough Chiniak AK 99615 • -. Kodiak Island Borough fr y ., . it ` '. 4'" \ Office of the Borough Clerk er n 710 Mill Bay Road C�il . Kodiak, Alaska 99615 Phone (907) 486 -9310 Fax (907) 486 -9391 MEMO TO: Borough Manager Finance Department Director Assessing Department Director Building Official Community Development Department Director Fire Marshall Engineering and Facilities Depart ent Director FROM: Marylynn McFarland, Deputy Cler i Through Nova Javier, Borough Cler fn, i , I NOV 1 5 2012 i U; DATE: October 24, 2012 SUBJECT: Liquor License Renewals - 2012 ' t' 11i 1 Li ti;'4 ; �i� The following liquor licenses are scheduled for renewal at the end of 2012. Please indicate whether or not the Borough, with regard to your department, has an interest which can be protected by protesting the approval of the application for renewal. Please return this memo to the Clerk's Office by Friday, November 16, 2012. Per KIBC 5.01.020 License renewal procedure. A. Upon receipt of notice from the Alcoholic Beverage Control Board of the board's receipt of intent to approve the renewal of a new liquor license: 1. The clerk shall investigate to determine if the borough has an interest which can be protected by protesting the approval of the application for renewal. Lic. DBA License Type Location Licensee Protest # Yes No Beverage 1 ' 621 Kalsin Bay Inn Dispensary Mile 29 Chiniak Hwy Wayne L. Sargent 622 Kalsin Bay Inn Package Store Mile 29 Chiniak Hwy Wayne L. Sargent V.F.W. Post 7 Mile Monashka Bay VFW Katmai Post 1205 #7056 Club Rd. #7056 Beverage Dispensary — 1711 Blue Sky Grill Seasonal 1633 Airport Way Blue Sky Grill Inc. AC Express /Bells 11012 Rezanof Dr., Alaska Commercial 1796 Flats Package Store West Company Beverage 1955 Olds River Inn Dispensary Mile 30 Chiniak Hwy Circle B LLC Beverage Toni Munsey & Val 2639 Rendezvous, The Dispensary 11652 Rezanof Way Flinders Southern Wine Southern -Odom Wine and Spirits of Wholesale — 5152 Tom Stiles Road and Spirits of Alaska 4860 Alaska General Bldg B — Bay 2 LLC Continued... Lic # Establishment Name License Type City Name Borough Service Location Owner Name Owner Address' Description 621 Kalsin Bay Inn Beverage Outside Kodiak Island Mile 29 Chiniak Hwy Wayne L. Sargent PO Box 8928, Kodiak, Dispensary City Limits Borough AK 99615 622 Kalsin Bay Inn Package Store Outside Kodiak Island Mile 29 Chiniak Hwy Wayne L. Sargent PO Box 8928, Kodiak, City Limits Borough AK 99615 1205 V.F.W. Post #7056 Club Outside Kodiak Island 7 Mile Monashka Bay VFW Katmai Post PO Box 404, Kodiak, AK City Limits Borough Rd #7056 99615 1711 Blue Sky Grill Beverage Outside Kodiak Island 1633 Airport Way Blue Sky Grill Inc. PO Box 3, Kodiak, AK Dispensary- City Limits Borough 99615 Seasonal 1796 AC Express / Bells Package Store Outside Kodiak Island 11012 Rezanof Dr West Alaska Commercial 550 W 64th Ave Ste 200, Flats City Limits Borough Company Anchorage, AK 99518 1955 Olds River Inn Beverage Outside Kodiak Island Mile 30 Chiniak Hwy Circle B LLC PO Box 186, Kodiak, AK Dispensary City Limits Borough 99615 2639 Rendezvous, The Beverage Outside Kodiak Island 11652 Rezanof Way Toni Munsey & Val 734 Willow Cir, Kodiak, Dispensary City Limits Borough Flinders AK 99615 4860 Southern Wine and Wholesale - General Outside Kodiak Island 5152 Tom Stiles Road Southern -Odom Wine 1600 NW 163rd Street, Spirits of Alaska City Limits Borough Bldg B - Bay 2 and Spirits of Alaska Miami, FL 33169 LLC 5016 Kodiak Raspberry Lodge Outside Kodiak Island Iron Creek Rasberry Kodiak Raspberry PO Box 888, Kodiak , AK Island Remote Lodge City Limits Borough Island Island Remote Lodge 99615 Inc 5100 Roads End Restaurant/Eating Outside Kodiak Island 43844 Chiniak Hwy, Janice & Norman Botz PO Box 5508, Chiniak, Place City Limits Borough Chiniak AK 99615 Kodiak Island Borough C Development Department eat $ - �'�aa 710 Mill Bay Road mow/ Kodiak, Alaska 99615 Phone (907) 486 -9363 Fax (907) 486 -9396 www.kodiakak.us FIELD REVIEW CHECK LIST DATE November 15, 2012 STREET ADDRESS 29675 Chiniak Highway LEGAL DESCRIPTION Kalsin Bay Estates Lot 1 / PID# R5200004600 OWNER Property: Ronald and Julie Kavanaugh License: Wayne L. Sargent MAIL ADDRESS PO Box 8928, Kodiak, AK 99615 TELEPHONE No. (907) 486 -2659 PURPOSE OF Renewal of Beverage Dispensary Liquor License # 621 and REVIEW Package Store Liquor License # 622 LOT SIZE 10.26 Acres ZONING RNC — Rural Neighborhood Commercial Zoning District ACCESS Good / unobstructed private drive from Chiniak Highway CURRENT USE Lodging / Eating and Drinking Establishment DATE ESTABLISHED 1983 BUILDING SIZE 1,780 Square Feet (Eating and Drinking Establishment) "AS- BUILT" ON FILE? No OCCUPANT LOAD Unknown PARKING CALC None on file, number of seats not available PRK'G PLAN? No (adequate parking spaces appear available) SIGNAGE Yes, zoning compliant COMMENTS / NOTES No current noted zoning actions /violations of record. Property has recently been purchased by Mr. and Mrs. Kavanaugh and is currently being maintained in a manner that is compliant with K.I.B.C. title 17. The eating and drinking establishment is currently closed and it is unknown as to whether the subject liquor licenses were purchased by Mr. and Mrs. Kavanaugh. Last review on file: December 30, 2002 REVIEWER Jack L. Maker Ildoveldepartments\CDICD -17 Property Files\Kalsin Bay Estates \Lot 112012 AC Express Liquor License Field Review.docx Page 1 of 2 _ . Wayne L. Sargent (@ Ka !sin Bay Inn) Field review photos for renewal of Beverage Dispensary and Package Store Liquor License #'s 621 and 622 se . ‘ • . ti •-• -‘ .• ; • m , , .‘k...- t t; , ,P D ' 1; 11 ,1. t' e 1 ‘4 g • ' • • •-ser40, - - r : 4 - , • ,, _3041.,14,c,;.,,,:r44._.: cdiAlgr%1/47,..*-itra""at-"" ' '' ' t 2 , 44- .i" ' , AI ,t^11 1- 1.4 4 .• 're Lttnt i'f" OS ilt ' - 4Rke;:r4::1)4 - ' ,- - ) 4,- . 74 ,- lit ,. hn v ; • ,i.,:k i , • -• t ' 4. . •4 r.,. 1;1 • •:i ci- • :•.. it 0 ''' 477 .* .. 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' ......-....“-F.71?'-7 'Mr' jeS51-' --- ; r: ;;;•, - 7.• " --- _ - >" - r & "'"!-- ",..r4r-s,- " ...). !" h • r -t:''' !cr S''-1 •• Vi 4 z -, Q " 104 t Cr .. - ■-• - ■• a t"--0 - r- -1 1 , -." -- ..::- ,-- •• . ‘ ,,r . • tittf•-It fl- _ 94J % „..-a.-------cetn: . • • t --ehr..-c,.17.--r-.-t-E,t..:;1- tft; ' t • ,., ate-2 - _,... 4 . ..-cz--4 7 4. nr.„„.....-.& .....s...t. , ....., _.,., 0micto,. ..... e\.,#;tc.. 0 0 • ..f."-i i . '3- - ,--.4": " • ••12, - - 4 :7-t - t.- - -..- ..:1— Wan- Ildoveldepartments1CDICD-17 Property Files1Kalsin Bay Estates1Lot 112012 AC Express Liquor License Field Re 2 d pg -1, Kodiak Island Borough i C /% Community Development Department AJz . l ea : , � 710 Mill Bay Road / av Kodiak, Alaska 99615 Phone (907) 486 -9363 Fax (907) 486 -9396 www.kodiakak.us FIELD REVIEW CHECK LIST DATE November 15, 2012 STREET ADDRESS 8625 Monashka Bay Road LEGAL DESCRIPTION Track A of BLM Track D OWNER Veterans of Foreign Wars MAIL ADDRESS P.O. Box 404 TELEPHONE No. (907) 486 -3195 PURPOSE OF Renewal of Club Liquor License # 1205 REVIEW LOT SIZE 110.7 Square Acres ZONING C - Conservation Zoning District ACCESS Good CURRENT USE Lodge /residence /lounge building, RN Park, Shooting Range DATE ESTABLISHED Unknown BUILDING SIZE Unknown "AS- BUILT" ON FILE? No OCCUPANT LOAD Unknown PARKING CALC 41 required PRK'G PLAN? On file, 58 spaces available SIGNAGE Yes, zoning compliant COMMENTS / NOTES No current noted zoning actions /violations of record. Property is currently being maintained in a manner that is compliant with K.I.B.C. title 17. Last review on file January 27, 2011 REVIEWER Jack L. Maker Ildoveldepartments\CDICD -17 Property FileslMonashka BayIBLM Tract D\Tract A - RV Park\VFW Liquor License Field Review.docx 01/27/2011 Page 1 of 2 V.F.W. Post 7056 Field review photo for renewal of Club Liquor License # 1205 • d ■ SY n 1 ' t "bi l I ICI lli file MS. �s pp . _ , a r t r i ll �t 1 r ' }:' n +'t 1 �r t�° L1',(Lli 'Mad �l { ' + . ' JJ e _ t i K �.., 3' A d �'� •� t� 7 + t d. • A ' r ' ,v. + = � k �t�. , '�� '"" ', T �✓ ^ x., +'+ .x1 11 6 . .- = £ 99 -- . ,. F` : ... ,� {'Wi r, .r . .G r;"1.4.[- -z : h . �.. t E} y ... l a e . "? at' in n + s . ^ ' �� I 41 1.74r Y A r , + IP " Y f rktc- �y - —,t - .'ve - -F. e - ,I -, Jett e . • Kodiak Island Borough � � Community Development Department n 710 Mill Bay Road � etrak, Kodiak, Alaska 99615 Phone (907) 486 -9363 Fax (907) 486 -9396 www.kodiakak.us FIELD REVIEW CHECK LIST DATE November 15, 2011 STREET ADDRESS 1633 Airport Road LEGAL DESCRIPTION USS 2539 Block 1200 Lot 2 & 3B OWNER Property - Aviation Acquisition Group LCC (A /P Lease) Liquor License — Blue Sky Grill Inc. (no longer open) MAIL ADDRESS PO Box 3, Kodiak, AK 99615 TELEPHONE No. (907) 487 -9797 PURPOSE OF Renewal of Wholesale - General Liquor License # 1711 REVIEW LOT SIZE 1.23 Acres ZONING LI — Light Industrial Zoning District (permitted use) ACCESS Good CURRENT USE Vacant; Previous use = Hangar, maintenance, office, & lounge DATE ESTABLISHED 1968 BUILDING SIZE 16,252 Sq. Ft. "AS- BUILT" ON FILE? No OCCUPANT LOAD Unknown PARKING CALC Indeterminate, limited airport parking PRK'G PLAN? None on file SIGNAGE None COMMENTS / NOTES No noted current zoning actions /violations of record. Property currently appears to be kept in a manner that is compliant with K.I.B.C. title 17. Building is vacant and no lounge using this license is being operated at this time. Last review; January 27, 2011 REVIEWER Jack L. Maker Ildoveldepartments1CDICO -17 Property FileslUnited States SurveyslUSS 25391Kodiak State Airport\Bk 1200 Lts 2 &3812012 Liquor License Field Review.docx Page 1 of 2 Blue Sky Grill Field review photo for renewal of General Liquor License # 1711 hal pl LI ill . , r �P; , 1 414 14 1 0IW,' i L pp i p , ,,,��..c✓^ 7 - � 11 P p , 1 U r M 1 41-rn? a n � 0 ,� --- -.''. + ,a` te -� °: • a x. n , y : a a a , � \1 Kodiak Island Borough A t / Community Development Department '`�/ �� 710 Mill Bay Road �- '! � I ri �, � i +c -, K odiak, Alaska 99615 6>,,,,,. Phone (907) 486 -9363 Fax (907) 486 -9396 Www.kodiakak.us FIELD REVIEW CHECK LIST DATE November 15, 2012 STREET ADDRESS 11012 Rezanof Drive West LEGAL DESCRIPTION Russian Creek Block 1 Lot 16A / PID# R9004010161 OWNER Property: DH Kodiak Properties Inc. License: Alaska Commercial Company @ AC Express Center MAIL ADDRESS 550 W. 64 Ave. Suite 200, Anchorage AK 99518 -1720 TELEPHONE No. (907) 273 -4600 PURPOSE OF Renewal of Package Store Liquor License # 1796 REVIEW LOT SIZE 44,160 Square Feet ZONING B — Business Zoning District ACCESS Good / unobstructed private drives from West Rezanof Drive and Russian Creek Road. CURRENT USE Convenience Store / Liquor Store / Gas Station DATE ESTABLISHED 1984 BUILDING SIZE 5000 Square Feet (approximately 1000 Square Feet used for Liquor Store) "AS- BUILT" ON FILE? No OCCUPANT LOAD Unknown PARKING CALC 30 PRK'G PLAN? Yes (35 spaces) SIGNAGE Yes, zoning compliant COMMENTS / NOTES No current noted zoning actions /violations of record. Property is currently being maintained in a manner that is compliant with K.I.B.C. title 17. Last review on file: December 30, 2002 REVIEWER Jack L. Maker Ildoveldepartments\CDICD -17 Property Files\Russian CreeklBlock 011Lot 16,412012 AC Express Liquor License Field Review.docx Page 1 of 2 Alaska Commercial Company (@ AC Express Center) Field review photos for renewal of Package Store Liquor License # 1796 — s.. j r Y( l 3 ^� t 1 -- d eta '* p` .;;" ' ro ria,f-ei r'F , i , 6AOm. l ." >;1 ,1 , ,r:s� • ,,., 1;,-,•,.r.,.14,,,, �., 0 " i '{ ' �; ".�, ` `s e .� � r _ ..'"L.. l of �.a taa -' " % , aq , - -_ } �F' �.� ' . g 3 p er _'-" 41: � +> fl i 9. err" :.+ 4 „ °y� 4 .an � Y ' Y ar", °'°^* ' _.... at�l,a �t a a •a • � a � v l 5 R \ '3 444 1 , any 3 LL 66 11 l1 r ' u r �. £ `„- r: k, ^ u� ,., _,{y as ~wk. C'�i • ce _ +* s 3 rvY a y4 ,{ ^�Y i.� e ^e✓. n ' tc Y ... � " y y j 'k , a ...07i."^704;1 - 4 *F �^i, Y ., y 4 A - : v Y a. r� 3 & kxl- 'b �' - 14 {+ 1 �`'"`', '' F Y 4 'y ' ' �w�1 ‘e7. p $ - n l `t y ice V -i? V „: � Y = "�? Ildoveldepartments\CDICD -17 Property Files1Russian Creekl8lock 011Lot 16Al2012 AC Express Liquor License Field Review. docx Page 2 of 2 � eaa Kodiak Island Borough 1 A is ,v Community Development Department ; o> 710 Mill Bay Road 4 E' 4) Kodiak, Alaska 99615 Phone (907) 486 -9363 Fax (907) 486 -9396 www.kodiakak_us FIELD REVIEW CHECK LIST DATE November 15, 2012 STREET ADDRESS 32233 Pasagshak Road LEGAL DESCRIPTION Northland Ranch Subdivision Lot 3 / PID# R5401000030 OWNER Property: FMB Properties, LLC (Olds River Inn) License: Circle B, LLC MAIL ADDRESS PO Box 186, Kodiak, AK 99615 TELEPHONE No. (907) 486 -5065 PURPOSE OF Renewal of Beverage Dispensary Liquor License # 1955 REVIEW LOT SIZE 10.38 Acres ZONING RNC — Rural Neighborhood Commercial Zoning District ACCESS Good / Unobstructed private drive from Pasagshak Road CURRENT USE Eating and drinking establishment / Inn (4 Duplexes) DATE ESTABLISHED 2010 BUILDING SIZE Eating and drinking establishment = 5000 Square Feet "AS- BUILT" ON FILE? No OCCUPANT LOAD 100 PARKING CALC 47 PRK'G PLAN? Yes SIGNAGE Yes, Zoning compliant COMMENTS / NOTES No current noted zoning actions /violations of record. Property Is currently be maintained in a manner that is compliant with K.I.B.C. title 17. Last review on file: None. REVIEWER Jack L. Maker IldoveldepartmentslCDICD -17 Property Files\Northland RanchlLot 312012 Olds River Inn Liquor License Field Review.docx Page 1 of 2 Olds River Inn Field review website photos for renewal of Lodge Liquor License # 5016 . , �° x q x it $ , fri 'T-1' . ;� ,� .rt, �sa 'c ? a ✓ ye y at5 r t r - 4 - .. ,, , , ,-; r i� } a „ `� " - , „,„,1‘ : , , g • X17.$ r� �a „ •�. r -413.&41154.$(..",4",' ' °` s.. ' �`'� a.. 1 s7 r i .., y . ` # 3: a ,.rr s. . ' ' ,,fie, . s ` g 4 Si w 1 "" _ ro: , �� r� ^' y 3 � . � ��, ,� ��' t � < 1 1�o70�flo Z r 12 IDa " � q c P s ?' 7 :.','• ? s � �, o r� �b '� Y " ��¢ � Y 3 L.ti Is `�.. t fiF • �. � : „, �� k:s°_..U" Gl mx .d'�� a o- `!R • nom.. 1� if y� +I� ^rte' . P *G :� � ` I Fv � ' , ' e,> z f ei �r l'; c?'y�'..*r. �1�t�,S_ e 'S ` � `X - c ..7e`•r �'” ' fi ".i - osil : ba:H ' • . . . . -, t 1%.44 .p�sY. ."J J ;r >S'S T ' :": 4 i 4 c,,� S * ' gx� +r•• y.. - r+>ti+" ` S�'„�lyl �1Or /, ^ 1 ' 2 'f{ b ( 2iC'Bw ^ . i aT �'kt s' e:z {l s - r '' �` 'a, >L '1. N - - ..74 �•y. >t "'p x �! /"R g/�L A r r �1. �4 R'Pr?�'� l * 5 1: IldoveldepartmenfslCDICD -17 Property FilesWorthland RanchlLot 312072 Olds River Inn Liq License Field Review.docx Page 2 of 2 yip Kodiak Island Borough � Cov Development Department / a o � � 710 Mill Bay Road ga_LA � � Kodiak. Alaska 99615 °,% Phone (907) 486 -9363 Fax (907) 486 -9396 www.kod1akak.us FIELD REVIEW CHECK LIST DATE November 15, 2012 STREET ADDRESS 11652 West Rezanof Drive LEGAL DESCRIPTION Russian Creek Block 1 Lot 25A -1 OWNER Kodiak Rendezvous Inc. MAIL ADDRESS 734 Willow Circle, Kodiak, AK 99615 TELEPHONE No. Rendezvous Bar & Grill (907) 487 -2233 PURPOSE OF Renewal of Beverage Dispensary Liquor License # 2639 REVIEW LOT SIZE 60,287 Square Feet ZONING B — Business Zoning District ACCESS Good / unobstructed private drive from W. Rezanof Drive CURRENT USE Eating & Drinking Establishment / Apartment / Storage DATE ESTABLISHED April 1984 BUILDING SIZE Eat /Drink Est.= 1,600 sqft / APT= 800 sqft / Storage= 200 sqft "AS- BUILT" ON FILE? Yes (November 6, 1988) OCCUPANT LOAD 72 Patrons PARKING CALC 17 required as per BZ02 -007 PRK'G PLAN? On file, spaces available exceed requirements SIGNAGE Yes, zoning compliant COMMENTS / NOTES No current noted zoning actions /violations of record. Property is currently being maintained in a manner that is compliant with K.I.B.C. title 17. Last review on file: February 16, 2011 REVIEWER Jack L. Maker Ildoveldepartments\CDICD -17 Property Files\Russian CreeklElock 0112012 Rendezvous Liquor Review.docx 01/27/2011 Page 1 of 2 Rendezvous Bar and Grill Field review photos for renewal of beverage dispensary liquor license # 2639 1 ' it' Al Z\ '� 7, a T Vf ,1 Jr�` , S -, . . t, 4k 41 .W - p • d c ■ a* ` .� u g lep h -i '•7 © R it :is d .r ` lt. - r rra "" 'mul �, .41 rE ry � It ,n v f A M Ype P5nn36 “ §A` t '” ``94:x•' €xi -n.'t'%d qF yr Y,�{cc ': >$ y�,•.. td e -- 11� /O7D9� 9 �_ • ni ti.` ! 3it',t t t 1 t y A i r ,_.,__ 4 A .."4:12,...yine4 ri ll U r gIVIO alk i ) .5t 1 4311 .1 1 r t. SI 4 2 ' T . ¢�"•... t� "�' t * -""" ^ "` u Ta ti - ""' " s a -va : r.*•,�t �:•+sr r"gl..: � z," �� a ' ° .:4W. litiria202)115COg' i o- - -- , Kodiak Island Borough Pg„ i � g '' � �,, ` Conrmunit Development Department JAR 'I � � � >1 710 Mill Ba Ro 1 ,, 4(I �' L/ i� c^�') ) A I _,... Iq ri/ ) Kodiak, Alaska 99615 4_ Phone (907) 486 -9363 Fax (907) 486 -9396 www.kodiakak.us FIELD REVIEW CHECK LIST DATE November 15, 2012 STREET ADDRESS 5152 Tom Stiles Road LEGAL DESCRIPTION USS 2539 Block 2000 Lot 1 / PID# R3800012000 OWNER Property - Kodiak Transfer Inc. (A /P Lease) Liquor License - Southern —Odom Wine and Spirits of AK LLC MAIL ADDRESS 5152 Tom Stiles Road, Kodiak, AK 99615 TELEPHONE No. (907) 487 -4545 PURPOSE OF Renewal of Wholesale - General Liquor License # 4860 REVIEW LOT SIZE 2.46 Acres ZONING LI — Light Industrial Zoning District ACCESS Good CURRENT USE Warehouse /Storage DATE ESTABLISHED 1983 BUILDING SIZE 6,250 sq. ft. (2,500 sq. ft. of building used by Odom) "AS- BUILT" ON FILE? No OCCUPANT LOAD Unknown PARKING CALC 7 spaces required for entire building PRK'G PLAN? None on file, more than adequate parking is available on site SIGNAGE Yes, zoning compliant COMMENTS / NOTES No noted current zoning actions /violations of record. Property is currently being maintained in a manner that is compliant with K.I.B.C. title 17. Last review on file: July 9, 2012 REVIEWER Jack L. Maker VVdove1departments\CDICD -17 Property FileslUnited States Surveys\USS 25391Kodiak State Airport\ 11_ 15 12 Odom Liquor License Field Review.docx Page 1 of 2 Southern Wine and Spirits of AK Field review photos for Renewal of Wholesale - General Liquor License # 4860 I 1 a . " .... l �- litit l - + y .. li li '® .., n • p '" S_ /Ht.., J �-- � ' ■ i 3 „ n„ .2- • Sn s, t n ,"n ' r ■ 4 -..d . A 5 5'r.' S ' ..t-, ` 'J�_ M ` x to 1.,',.' — . c a e r', . - c t . 1.21 F � � r{ ^.6 t`, .rwe / 9 ----, t fi ,. 3, r -tniz . 7. � t1. ; ' . ,^'Q2o12,.15=50 f • !' : � „ ; +,, Yt i �. .. , `s r � 4.r r. „• b ; yy {. > y �t yt � 0 ?. + r .' Ef ll { 'f Li -' . � 1 " 1 y y ,� 5 Y �d �I 3 t i r" 4. l+° ` 1 s ..! IY � Zi a tl :., ... . . , , , ' ,, , --- T . ''. ' t i 4 ) 17 4:11"-"n 4 p r it-A-1 11 ".. , t: t, t l 7 i + w .._ • t Y ■ Y gi_ ➢'�+ C'�'t i -ts.. -�.: C. '3i.y,.p p .\.,),-& ^x- t� �� _ r / _ .�. I�4y • 11410, MAV �� t y � I4, h' u'7 l 01 qTg �it 1%14 , gas R' r, a: $ - �/) ;;;T- , . ,1 V s t t :a-r Intl ViRT ! ' 4 r't44t a 4 � i i i !s, a l.tT►CSi at ` :t .. .% dr . IldoveldepartmentslCDICD -17 Property FileslUnited States SurveyslUSS 25391Kodiak State Airport1ll_15_12 Odom Liquor License Field Review.docx Page 2 of 2 % iii .- Kodiak Island Borough E - ` /--,,,,r' \ Q Community Development Department rs 710 Mill Bay Road � ` ` ; � � Kodiak, Alaska 99615 �° Phone (907) 486 -9363 Fax (907) 486 -9396 www.kodiakak.us FIELD REVIEW CHECK LIST DATE November 15, 2012 STREET ADDRESS Iron Creek, Raspberry Island LEGAL DESCRIPTION USS 2382 Tract A Iron Creek, Raspberry Island / PID# R5200001175 OWNER Property: Mr. Birch and Mrs. Tiffany Robbins License: Kodiak Raspberry Island Remote Lodge Inc. MAIL ADDRESS PO Box 888, Kodiak, AK 99615 TELEPHONE No. (701) 526 -1677 PURPOSE OF Renewal of Lodge Liquor License # 5016 REVIEW LOT SIZE 6.3 Acres ZONING C — Conservation Zoning District ACCESS Remote/ Off road system, access by boat or plane only CURRENT USE Lodge with Cabins DATE ESTABLISHED 1989 BUILDING SIZE Main lodge 2500 Square Feet plus cabins and outbuildings of various sizes. "AS- BUILT" ON FILE? No OCCUPANT LOAD Unknown PARKING CALC Remote area Exemption as per K.I.B.C. 17.175.030 PRK'G PLAN? N/A SIGNAGE Unknown (none seen on website photos) COMMENTS / NOTES Due to the remoteness of this property, this review is based on information from property files and from this establishment's website. No current noted zoning actions /violations of record. Property appears to currently be maintained in a manner that is compliant with K.I.B.C. title 17. Last review on file: October 25, 2010. REVIEWER Jack L. Maker IldoveldepartmentslCDICD -17 Property FileslUnited States SurveyslUSS 23821TR A Iron Crk Rasp Is112012 Raspberry Liquor License Field Review.docx Page 1 of 2 a Kodiak Raspberry Island Remote Lodge Field review website photos for renewal of Lodge Li�quor License # 5016 �`Ar ., t .. "LiY . . 'mill+ .� 4. i }� * .4TY cr , T' �. t b ` 4tt Y L �,L 3 ` A p " • . �� e - V Z ' + .^ . . ' h` y Y .` Y ,3 rsY u.s'ta�fc' - T . +,. sir", ..,u 2 n a. ,A' '. - « - '�" s / � l uatt t * „ . � 'w. ' *+pi a ` '� t _ - +'`w 3; ..^ 4=C: µ ( cr . �". " .: fi' '` i"' - .al .' y . " - - r � ' "4 '+•'�9' !r !� ?' cry -.-� t V ' 1 . t . 4 l-b ' �L . . Y.+ Ef W + . . Z `' r t. iii a AL 1 . 1. ' �� e ' 11� . �`` 1;= — ti - " ` _ ,- f ew "5i' ',� .. ,- z ..+k..` 'i'a- " y, r, 1 . ,.., : 4 y y d 4, . m r' . ' . „,a - t, ,<''' " ' • r " ..I^ r t-4.-. ` 8 r - "� '�. « E • � *' A- . ' ' rs Cf.t r' •, 4 . r � ' t ' v `` ,+. • it f ,i,.y ' (`..4'a • ' 7' "i ++." h w y' •^.. 1 f i i`�'` 5 . l tiy ?,_ f,7„ 1 -' k . 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' „ ,1 r- ,.4 -7 y � +e • IldoveldepartmentslCDICD -17 Property Filesl United States SurveyslUSS 23821TR A Iron Crk Rasp Is112012 Raspberry Liquor License Field Review. docx Page 2 of 2 Kodiak Island Borough lS �/ %" - k Con Development Deparhnent � a ; 710 Mill Bay Road A r I n v � Kodiak, Alaska 99615 mo °—° Phone (907) 486 -9363 Fax (907) 486 -9396 www.kodiakak.us FIELD REVIEW CHECK LIST DATE November 15, 2012 STREET ADDRESS 43844 Chiniak Highway LEGAL DESCRIPTION USS 3474 LT 11A Chiniak / PID# R5307000110 OWNER Janice and Norman Botz MAIL ADDRESS PO Box 5508, Chiniak, AK 99615 TELEPHONE No. Road's End Restaurant (907) 486 -0438 PURPOSE OF Renewal of Restaurant /Eating Place Liquor License # 5100 REVIEW LOT SIZE 3.75 Acres ZONING RNC – Rural Neighborhood Commercial Zoning District ACCESS Good / unobstructed private drive from Chiniak Highway CURRENT USE Restaurant / SFR / Storage DATE ESTABLISHED 2011 (current ownership, previously established; Jan 1983) BUILDING SIZE Restaurant (applicable building) = 1,654 sqft "AS- BUILT" ON FILE? No OCCUPANT LOAD 67 Patrons (Building Dept. calculation since removal of bar) PARKING CALC 23 per K.I.B.C. 17.175.040 Table 1 PRK'G PLAN? No, available parking spaces exceed that required by K.I.B.C. SIGNAGE Yes, zoning compliant COMMENTS / NOTES No current noted zoning actions /violations of record. Property is currently being maintained in a manner that is compliant with K.I.B.C. title 17. Last review on file: August 11, 2011 REVIEWER Jack L. Maker Ildoveldepartments\CDICD -17 Property FileslUnited States SurveyslUSS 34741Lot 11Al2012 Road's End Liquor License Field Review.docx Page 1 of 2 Road's End Restaurant Field review photos for renewal of Restaurant /Eating Place Liquor License # 5100 Ai w-a Y' s+ - `. ' y7 r, r � Z ( } 1�1 -...q.�+t \? ,t,. N_ L� • e , 2.; - rz4: �. r z r z - r ti ,b� 9 tt ,fi _ , °' f ' / �, i t , t.,� >aza 3,,v_2, ` ' / - i f .c Li a d-rs Ilia- r� ! 1 „ +', n s � �, +Y d ' ; t e e ; ' p ®r i f J I l Fr�4 l .- a •`;...= -. r -- a - k I. n .-+ r % * t .1 f01,- sr i ce!' rsr ^x '' ,- ° d,. -.-v i ^ r r 1 ! 4 e 1 t s . o , Y• - .. ° x-{ I - > v$.7 E �'' K t s^ w C „r#14..:?,-, 1 -. fai t` . c 4i p ' 13 , ` , j yiaw .}' u;r _ ' ' s ,t fi l'� cti 'mwv Y +t �a >r x S.k �sYsc�lyl�F�i,, ^'41�,�. ` r ' 1 4 ?'r -4,..5•2e w e 2 ' i , , a' j i ti t x 'k F' t 3 ,' r ° R wY. x ra' it a4 1 ' % t .1 x ^� � 1t.* r s� '' _.: s'- * -""- - -.*� 'r s7 . -0 ; .17 r c+ k hr -g ea 1ll�ll Li-i ' r �7 k ,0 I Y om ' : r _1511 +;k � t ` x... " +•3- ff ,,I, v ,,. er' fygr ,}x ; as f a 2' • 79, L .S o -+o r i t— ..x-., r- -3+,r-7.^�'^1, 1.! Y &+- * ' r, W �'Y' :.I*�.a t , ..d --1"-.k.:-.7, k �' n, : ss' r . x` =lcr ... . 2r7 • r � A'• � � s Ildoveldepartments\CDICD -17 Property FileslUnited States Surveys\USS34741Lot 11Al2012 Road's End Liquor License Field Review.docx Page 2 of 2 of Ty L THE STATE Department of Commerce, Community, • � o and Economic Development $ f ALASKA ALCOHOLIC BEVERAGE CONTROL BOARD irir r GOVERNOR SEAN PARNE 5848 E. Tudor Road ^, I.I. Anchorage, Alaska 99507 Main: 907,269.0350 Chris Lambert: 907.269.0359 TDD: 907.4655437 Fax: 907.272,9412 October 24, 2012 Renewal Application Notice Kodiak Island Borough Borough Clerk VIA C I R - k' A- Air ��/ Q VIA EMAIL: njavierCa)kodiakakus �� - Lie DBA Lic Type # Owner Premise Address Roads End Restaurant Eating 5100 Janice & Norman 43844 Chiniak Hwy, Place Botz Chiniak • We have received a renewal application for the above listed licenses within your jurisdiction. This is the notice as required under AS 04.11.520. Additional information concerning filing a "protest" by a local governing body under AS 04.11.480 is included in this letter. A local governing body as defined under AS 04.21.080(11) may protest the approval of an application(s) pursuant to AS 04.11.480 by furnishing the board and the applicant with a clear and concise written statement of reasons in support of a protest within 60 days of receipt of this notice. If a protest is filed, the board will not approve the application unless it finds that the protest is "arbitrary, capricious and unreasonable ". Instead, in accordance with AS 04.11.510(b), the board will notify the applicant that the application is denied for reasons stated in the protest. The applicant is entitled to an informal conference with either the director or the board and, if not satisfied by the informal conference, is entitled to a formal hearing in accordance with AS 44.62.330- 44.62 -630. IF THE APPLICANT REQUESTS A HEARING, THE LOCAL GOVERNING BODY MUST ASSIST IN OR UNDERTAKE THE DEFENSE OF ITS PROTEST. Under AS 04.11.420(a), the board may not issue a license or permit for premises in a municipality where a zoning regulation or ordinance prohibits the sale or consumption of alcoholic beverages, unless a variance of the regulation or ordinance has been approved. Under AS 04.11.420(b) municipalities must inform the board of zoning regulations or ordinances which prohibit the sale or consumption of alcoholic beverages. If a municipal zoning regulation or ordinance prohibits the sale or consumption of alcoholic beverages at the proposed premises and no variance of the regulation or ordinance has been approved, please notify us and provide a certified copy of the regulation or ordinance if you have not previously done so. Protest under AS 04.11.480 and the prohibition of sale or consumption of alcoholic beverages as required by zoning regulation or ordinance under AS 04.11.420(a) are two separate and distinct subjects. Please bear that in mind in responding to this notice. AS 04.21.010(d), if applicable, requires the municipality to provide written notice to the appropriate community council(s). If you wish to protest the application referenced above, please do so in the prescribed manner and within the prescribed time. Please show proof of service upon the applicant. For additional information please refer to 13 AAC 104.145, Local Governing Body Protest. Note: Applications applied for under AS 04.11.400(g), 13 AAC 104.335(a)(3), AS 04.11.090(e), and 13 AAC 104.660(e) must be approved by the governing body. Sincerely, SHIRLEY A. CO 1L Director /s /Ckri$tine G. Latnjiert Christine C. Lambert Licensing & Records Supervisor Christine.lamberuUa alaska.gov KODIAK ISLAND BOROUGH AGENDA STATEMENT REGULAR MEETING OF: DECEMBER 6, 2012 ITEM NO.: 13.D.4 TITLE: Mayoral Appointment to the Architectural /Engineering Review Board. ORIGINATOR: Clerk's Office Staff FISCAL IMPACT: ❑ Yes $ or ® No Funds Available ❑ Yes ❑ No Account Number: Amount Budgeted: ATTACHMENTS: Architectural /Engineering Review Board; Application APPROVAL FOR AGENDA: SUMMARY STATEMENT: With the adoption of Ordinance No. FY2013 -08, amending KIBC 2.125, a Citizen -at -Large seat was created on the Architectural /Engineering Review Board. The vacancy was advertised by the Clerk's office per Borough Code 2.100.070. The Clerk's office received an application from Mr. Jerrol Friend on November 5 for the vacant seat. 2.100.030 Appointments. Members of boards, committees, and commissions, except for members of the board of adjustment, members of the board of equalization, and elected service area board members, are appointed by the mayor and confirmed by the assembly unless otherwise specifically provided elsewhere in this code. An appointment not confirmed by the assembly shall not become effective. The mayor shall appoint a new applicant until an appointment is confirmed by the assembly. The mayor may not appoint again the same person whose confirmation was failed by the assembly for the same board, committee, or commission until the next annual appointment process unless authorized by the assembly. RECOMMENDED MOTION: Move to confirm the Mayoral Appointment of Mr. Jerrol Friend to the Architectural /Engineering Review Board for a term to expire December 2013. Kodiak Island Borough Page 1 of 1 Y 1 : * KODIAK.ISLAND BOROUGH i i '' , a V r 4 _ C :* ; r OFFICE OF THE BOROUGH CLERK r t `'' R + i 710 Mill Bay Road, Room 101 i n --, , . „ . ;, ca - , Kodiak, AK 99615 4k �! "' Phone: (907) 486 -9310 Fax (907) 486- 9391 } r j"� �,) njavier @kodiakak.us j- APPLICATION FOR APPOINTMENT TO BOARDS, COMMITTEES, AND COMMISSIONS . ^".1 � /p/ d-d# t" Yf: Board / Comm ``I /J } n ;* Designated seat or group representation of applicable) : 0) Pr- -1 4.1- Si : Tj„ - ,i Please be aware that the information given on your application is made available to the public. S ` # '" will require the use of a mailing address, email address, and contact phone number to provide board -iM;, and meeting information. a t i p B A s Name: ,ie.U't^ / [r/ (1. c ' r � rl Daytime Phone: 9b - ) -3 5 r/52 €� 1 Residence Address: 37 cif w �K Evening Phone: s .i.c tri , r Mailing Address: PO goie /7C Cell Phone: _ � z no \ Ema Address: / d r! r „r '22 �e 6,s4 nr t Fax Number z /tS e — Yo F Nb 1 itf - r Length of Residence M Kodiak: y '7 S CO (4. 7 Registered to vote in Kodiak? s No1 ,�s',{ / �+ ;x t , 4 Please provide one of the following: Date of Birth I1-2 ?--o digits 6 Last 4 di of SSN# r' %7 - tti P �'t4 9 I - : *inn Employer /Occupation: e, ,i�,`Ct� ��,�,.�c - e S y , 4 ° ;. Organizations you belong to or participate in t" Explain your main reason for applying: /n /t / i k -,4 ✓ ', L k t f 9 1,.t „ t1, . i .V ' ,(S o pN: a �^p 'tf Pitt "MS ^t What background, experience, or expertise will you bring to the board /committee/commission membership? f' tt� ',�, r C / I . ; as 11, t.ri �titc- c��9/ � rS fi�i .r�rf"i� �O.E'fi�' tto-✓ ..v` < ' ` "' s i y5 & y P Are you available for regular meetings? e tc 3 Pursuant to KIBC 2.100.070 (A6) Other than by expiration of th - 'd1 members term, the assembly shall declare a seat vacant who tuber misses three consecutively held regular meetings and is not: ` aLk excused. _ • � r �" Signature of Applicant: `.I ae leSla Date: /7 yr ZO (7 ' ,', , may 9 PP P Y , A resume or letter of interest m • - attached, but s not re uired. This a lication wilt be k t on file for one e ar. Please be awa a e t .n deadline. Application deadlines, if applicable are available on the Borough welts , x ite M that there may be an apptir ai www.kodiakak.us or in the Noti of Vacancy announcements advertised in the Kodiak Daily Mirror f IUD I F t; �7 i°lk t , i ` - " _ .. STAFF USE_ONLY , x' x '$ i..r - -v w �Y: ,, "' ' Regi voter o f the Borough Yes ( No ( ) Appointment Letter. Date Re .e . ( stamp below : ' N„�ss $ `Applicants Residence ( Borough, City Roster. i NOV r 1012 d 'Dateof ointment - / Oath of Office: - L.- - ��4 ` s >f33?ut u A PP i - — ' ,- ,;.?d e 1 r :Term Pvires'on - - APOC POFD Statement. Attached( -) On File ( ) I n, I n - P _ ` A r''t541:'; Y , KODIAK ISLAND BOROUGH _ ' k j } 'E l i / AK ej� il ITEC(�;UR99A 1 IJpENr G INEERI NG REVIEW BOARD t r fi ♦ • 5 ply tr'w"d u .w.'t i P ly '�.ff. ! at , x a I. N°GG NAME TERM HOME WORK CELL EMAIL PHONE PHONE PHONE Scott Bonney 2014 486 -4005 654 -7938 stralaska PO Box 5524 Chiniak, AK 99615 Michael Brechan 2014 654 -5514 487 -2152 654 -5518 mbrechan(@hughes.net PO Box 303 Kodiak, AK 99615 Cliff Ford 2012 486 -5353 486 -7742 539 -5340 clifff@acsalaska.net 1250 Beaver Way Kodiak, AK 99615 Gregg Hacker (Chair) 2013 486 -4392 481 -2288 539 -5230 ghacker01(Wkibsd.orq PO Box 967 Kodiak, AK 99615 -0967 Ray Nordgulen 2012 486 -3719 539 -1639 nordqulenwings hotmail.com 274 Neva Way Kodiak, AK 99615 Sonny Vinberg 2014 512 -2839 486 -2530 206 -790- sonnyvinberq anhotmail.com PO Box 78 4502 hvinbergc koniaq.com Kodiak, AK 99615 Citizen at Large 2013 Vacant NON - VOTING EX- OFFICIOS Assembly Representative Aaron Griffin 539 -1040 aaron.griffinakibassembly.orq PO Box 8836 Kodiak, AK 99615 School Board Representative Norm Wooten 539 -1419 nwootenagci.net PO Box 3016 Kodiak, AK 99615 This board is governed by Kodiak Island Borough Code 2.125 and 15.45.010 f E /FJ :.fi DIRECTOR W OODY KONING, - r ysti �i 486-9343 9'' wkonindPkod , rtst + w= by PiE4 It w _ PROJECTS MGRANSPECTO R KEN SMITH . 488 -9341 ii , j ksmitht@kodiakak.us ROJECTS ASSISTANT JESSI WOIFE ' 4 ` 488 9349 ' lwolfet@kodiakak.us I ERGiNEERl i nGi&JOACILITIelDEPARTmENT .,,.+ t 710 MILL BAY ROA}) r1 0 G a, q 1,:f2,17 " "y' "p � ' 1.,,4 KOD °AK JAIC 4 t d:7P,` aa 4,04 i KODI 99815 ' � t i r" a t 3 e't Revision Date: 11/19/2012 Revised by: JK j., ' Kodiak Island Borough K1' 1, ** W Office of the Borough Clerk t y� 710 Mill Bay Road Y 'beta Kodiak, Alaska 99615 —i j ` Phone (907) 486 -9310 Fax (907) 486 -9391 nj avier(ZZ kib.co.kodiak.ak.us NOTICE OF APPEAL HEARING This notice is being sent to you because our records indicate that you are entitled to notice of the original commission proceeding regarding Case 13 -006 - Requesting a Variance, According to KIBC 17.195, Reducing the Required Off - Street Parking From 22 Spaces To 10 Spaces, According to KIBC 17.175.040 (Appellant: John Whiddon.j This case is going to be heard before the Kodiak Island Borough Assembly sitting as the Board of Adjustment on Thursday, December 6, 2012 at 7:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska. Written argument supporting or opposing the appeal may be submitted by email to niavierPkodiakak.us, fax at 907 - 486 -9391, mail or hand delivered to the Borough Clerk's Office, 710 Mill Bay Road, Room 101, Kodiak, AK 99615 prior to 5:00 p.m. on Thursday, December 6, 2012. All written comments submitted on this appeal shall become part of the appeal record. The following may present oral argument before the board: persons who have submitted written argument on this appeal, or submitted timely written comments to the commission, or testified before the commission. A copy of the appeal record is available for public inspection at the Borough Clerk's Office. Any person may obtain a copy upon payment of the appropriate fee and, any party to an appeal may request verbatim transcript of the proceedings before the commission by filing a request accompanied by a cash deposit. Per KIBC 17.225.050 C. The appeal record shall be completed within ten (10) working days of filing of appeal. The appeal record shall include the draft minutes of the proceedings before the commission, the commission's written decision, and any written documents considered by the commission. Any party to an appeal from a commission decision may cause the appeal record to include a verbatim transcript of the proceedings before the commission by filing a request thereof, accompanied by a cash deposit in the amount of the estimated cost of preparing the transcript. Within ten (10) working days of notice of completion of the transcript the person requesting it shall pay the actual cost thereof, or the deposit shall be forfeited to the borough. A request by the borough for a transcript is not subject to the deposit or refund provisions of this subsection. The borough shall bear the cost of preparing the remainder of the record. E. A copy of the appeal record shall be available for public inspection at the clerk's office. Any person may obtain a copy of the record upon payment of the appropriate fee. For any questions regarding this appeal, please call the Borough Clerk's Office at 486 -9310. Attached are the following: Appeal Hearing Form Appellant's Notice of Appeal Case 13 -006 - Requesting a Variance, According to KIBC 17.195 Reducing the Required Off - Street Parking From 22 Spaces To 10 Spaces, According to KIBC 17.175.040 (Appellant: John Whiddon.) ` of J3- / e, ta `.mss ., h ''� � is \ r <-.- f �, t l 5 4 . \ : may, . b . o m � i 0 1:. , 'S': \ 0 e; F ,\ �•� 1i � 4 „'Y S O T04,; -4. \ x ` +L. 1. tt t µ. .a a _ '”. zn.x °b / A\ .tv - „. — - st i ) , ;/ ,, \ g N A, \,,,,,' 4 ii • ' / t:; I It J 6Q. C O Ap t i / Zoning Legend I Public Use Lands I Rural Residential 1 I Multi Family Residential In Lighl Industrial ® Watershed I I Rural Residential 2 n Business r I Rural Neighborhood Commercial I I Conservation I I Single Family Residential l - I RetaW Business a 1 Urban Neighborhood Commercial I ! Rural Residential L 1 Two Family Residential [ I Industrial I Natural Use APPEAL HEARING FORM Case 13 -006 - Requesting a Variance, According to KIBC 17.195, Reducing the Required Off - Street Parking From 22 Spaces To 10 Spaces, According to KIBC 17.175.040 (Appellant: John Whiddon.2 ❑ This written argument is in support of the appeal. ❑ This written argument is in opposition of the appeal. Name: Residence Address: Mailing Address: Comments: Written argument supporting or opposing the appeal may be submitted by email to niavierRkodiakak.us, fax at 907 - 486 -9391, mail or hand delivered to the Borough Clerk's Office, 710 Mill Bay Road, Room 101, Kodiak, AK 99615 prior to 5:00 p.m. on Thursday, December 6, 2012. All written comments submitted on this appeal shall become part of the appeal record. BOARD OF ADJUSTMENT 7)jiJJ1CSiiijij4 PAGE 6 OF 130 ,� r E ----- September 24, 2012 1 '` 1: I SEP242012 Nova Javier j Borough Island Borough BOROUGH CLERK'S OFFICE I Kodiak Iland 710 Mill Bay Road Kodiak, AK 99615 Subj: Appeal of Findings of Fact regarding KIB Case 13 -006 per KIBC 17.225.030 Appellant: Island Fish Co, LLC dba Pacific Seafood Kodiak 317 Shelikof Street Kodiak, AK 99615 Phone: 907 - 486 -8575 Fax: 907- 486 -3007 Email contact: jwhiddon@pacseafood.com Case/Decision: KIB 13 -006 Requesting a Variance, according to KIBC 17.195, reducing the required off-street parking from 22 spaces to 10 spaces, according to KIBC 17.175.040 Physical address: 317 Shelikof Street, Tidelands Tracts N26B & N29B Background Information: Pacific Seafood Kodiak, formerly Island Seafood's, began operations in 1999 at 330 Shelikof Street as a small, seasonal custom processor and retail seafood market. In August 2000, the company purchased the vacant waterfront property at 317 Shelikof Street and continued processing sport caught fish and small quantities of commercial fish. In December 2003, Pacific Seafood Group, a family owned seafood company, headquartered in Portland, Oregon acquired Island Seafoods and began a gradual expansion of the operation to accommodate year round production. Over the past nine years, Pacific Seafood has expanded the business to include salmon, bottomfish, halibut, black cod, Pacific cod and Pollock. The operation continued to service the sport and charter industry and offer fresh and frozen seafood in its market. The growth occurred because Pacific Seafood has large domestic markets for fresh seafood and an extensive export division that specializes in all varieties of frozen seafood. The expansion was necessary to survive in a highly competitive and capital intensive seafood industry. Growth provided economies of scale, allowed the operation to strengthen and improve its workforce and expand vital services to its fleet which enabled the plant to compete more effectively with the other major processors. The implementation of a cod sector split in January 2012 by the North Pacific Fisheries Management Council has changed the competitive environment by allocating fish to various gear types thus changing traditional fishing patterns. The October Council meeting will begin 1 BOARD OF ADJUSTMENT Pau oodn, PAGE 7 OF 130 discussions on changes in management schemes for Gulf groundfish. These pending discussions have again changed fishing patterns as harvesters become more acutely aware of the need to build a record of historical participation in cod and Pollock. These changes have had a direct impact on the production capacity and labor requirements for all processors, including Pacific Seafood Kodiak. The company operates in a highly regulated industry and is well versed in the need and importance of compliance in regulatory matters. It is important to note that the parking issue and subsequent variance were not treated in a dismissive manner, but to the contrary efforts were made to both accommodate the necessary growth and maintain the required off - street parking. To that end, it became apparent that relief was needed in the form of a variance in order to meet the conditions of KIBC 17.175.040. The majority of processing operations and retail businesses along Shelikof Street operate under an exemption for non- conformance or "grandfather clause" with regard to parking. It is assumed that the economic potential of the growing seafood and support industries outweighed the need to impose standard parking requirements that would have constrained the growth of the seafood industry. Grounds for the appeal: The following comments pertain to the Planning and Zoning Commission Findings of Fact dated 21 September: 17.66.050. A.1 Exceptional physical circumstances or conditions applicable to the property or intended use of development, which generally do not apply to other properties in the same land use district. Staff concludes: "Historically, the site has been able to provide ample off - street parking in compliance with the parking code without the need for variances or satellite parking arrangements. As noted in the petitioner's application, however, it is the increased intensity of the current use for seafood processing and the changes that occur to that industry periodically which has driven the need to maximize the use of the site for seafood processing. The petitioner has not clearly identified exceptional physical circumstances or conditions applicable to City Tidelands Tract N26B and N29B or the intended use of development on same which do not generally apply to other properties in the same land use district." We dispute this finding for the following reasons: 1. Staff made an error in calculating the required parking spaces for this property. The records show that Staff calculated the need for 17 parking spaces and issued a Zoning Compliance Permit (Enclosure A: CZ- 2007 -002) to allow construction and alterations to the property based on that number. The permit issued in May 2012 adjusted the parking requirement to 20.26, rounded up to 21 (Enclosure B: CZ2012 -79). The calculation was 2 BOARD OF ADJUSTMENT Pa a ic s e � ® ® a TM PAGE 8 OF 130 not based on an increase in square footage, rather was due to a Staff error when they failed to factor in the upstairs storage loft. The variance request should have stated "reducing the required off - street parking from 21 spaces to 10 spaces, according to KIBC 17.175.040 ". Nowhere in the records does there indicate a need for 22 parking spaces. As a result of the initial determination that 17 spaces were required, infrastructure was built and parking was identified for 17 spaces. Staff is correct in stating we were able to provide ample parking without the request for variances. The combination of the growth in processing activity and the requirement to meet a retail parking standard in an industrial environment have made it impossible to meet the standard, plus the new requirement for the three additional parking spaces. 2. Staff states the petitioner did not identify exceptional conditions which do not generally apply to other properties in the same land use district. The fact is that other properties operate under an exemption from non - conformance with regard to parking that permits other businesses to operate with zero or minimal off - street parking. This condition creates an unbalanced playing field and puts an excessive burden on the conforming properties. 17.66.050 A.2 Strict application of the zoning ordinances would result in practical difficulties or unnecessary hardships. Staff states the following: "There is substantial area on the site which is sufficiently devoid of building developments so as to accommodate the required off - street parking. It is only because this area is being used for outdoor storage and industrial activities that the petitioner is unable to provide the parking required by code. The petitioner has not indicated why at least some of the outdoor storage and equipment could not be relocated to another off -site." We dispute this finding: 1. The word "substantial" pertaining to the available space on the property is an opinion, not a quantifiable fact. It is an opinion rendered without working knowledge of the day to day operations of the facility. The plant was built to the maximum limit to accommodate 18 parking spaces. Staff is correct in stating that "this area (outdoor area) is being used for outdoor storage and industrial activities that the petitioner is unable to provide parking required by code." These are normal activities at all fish processing facilities. This outdoor space is entirely dedicated to offloading, sorting, grading and storing fish — the industrial activities noted above. Space must also be provided for the storage of totes of waste fish and room provided to allow access by Bio Dry to receive solid fish wastes. 2. Staff did not inquire as to the use of the outdoor storage containers. The vans parked against the fence closest to the breakwater are bait vans. Storing these vans off -site would create undue hardship since they are used continuously in servicing the fleet. The 3 BOARD OF ADJUSTMENT pau 1 cSea®®d PAGE 9 OF 130 additional equipment referenced is a combination of fish totes and offloading conveyors and sorters — all of which need to be kept on -site. Borough code 17.175.070 H 1, Table 5 specifies a 9 x 18 foot parking stall with a 24 foot aisle width for 90 degree parking. The facility is able to maintain five standard parking spaces in front of the retail store and five mobile container vans that count as five spaces for a total of ten spaces. The additional spaces were intended to be located in the outside yard referenced by Staff. Compliance with the parking standard per 17.175.070 HI, Table 5 results in a parking space requirement that is in effect 9 feet wide by 42 feet long or 378 square feet per vehicle. Eleven spaces would occupy a minimum of 4100 square feet, which is a large portion of the outside yard. (See enclosure C) The allocation of this space would severely restrict the operational capabilities of the plant and create extreme hardship. The plant must have the ability to offload and sort fish or it cannot function. The suggestion had been made that the plant could reduce its operation by some percentage to accommodate parking. The outdoor area is critical to the successful operation of the plant. Without the ability to offload and sort fish, the plant would be forced to shut down, resulting in the layoff of 90 employees whose wages have totaled over 9.7 million dollars since 2008. Additionally, in the same period since 2008, the plant has contributed over 1.9 million dollars in fish taxes. Comments were made that other processors could absorb the employees and the fish. These comments do not address the potential loss of a processor that has invested heavily in Kodiak for over thirteen years to provide an alternative market for our fishermen. Staff's conclusions about ample space and off -site storage opportunities are erroneous and entirely without merit and reflect limited understanding of the operational requirements of the seafood industry. 17.66.050. A.3 The granting of the variance will not result in material damages or prejudice to other properties in the vicinity nor be detrimental to the public's health, safety and welfare. We concur with Staff's conclusions that there is a "substantial lack of parking in the overall area" and "many of the business establishments across Shelikof Street are themselves nonconforming due to changing code standards or have themselves been recipients of relief by variance on a case -by -case basis." Pacific Seafood Kodiak recognizes that the Planning & Zoning Commission operates from a narrow set of parameters framed by the Borough Code. While exceptions have been made (i.e. Convention Center), they typically operate in a "black and white environment." The issues before us are not black and white as there are many establishments that are nonconforming. Two points are relevant to this section: 1. It is fact that many of the businesses on Shelikof Street operate under an exemption of nonconformance. By way of example, the building located at 328 Shelikof Street operates under an exemption of nonconformance and has zero off-street parking. Several 4 BOARD OF ADJUSTMENT P ic oo d PAGE 10 OF 130 new business ventures have recently started within this building yet the requirement to add parking remained unchanged. We have no dispute with this fact nor the businesses themselves, but point out the inequity of the ordinance system that provides a competitive advantage to one business over another. 2. The Borough operates under a complaint driven system with regard to ordinance compliance. We find this system to be unfair and inequitable because it provides opportunities for individuals to vent and raise spurious complaints that occupy staff time. In the meantime, businesses exist that are nonconforming but the nonconformance is unaddressed until a complaint is brought before the Borough. We believe that the roles and responsibilities of the Borough Code Enforcement Officer should be reviewed to ensure that compliance and noncompliance issues are managed proactively versus the current reactive, complaint driven system. 17.66.050 A4. The granting of the variance will not be contrary to the objectives of the Comprehensive Plan. We support Staff's conclusion that the granting of a variance would not be detrimental to the objectives of the Comprehensive Plan with regard to its support of the seafood processing users. We disagree with the finding that "the grant of relief however, should not come at the expense of other general commercial uses in the area, which are similarly encouraged to succeed by comprehensive plan goals and objectives." Pacific Seafood Kodiak has neither the desire nor intent to disadvantage neighboring business. The company began as a small business and continues to actively support the business development principals and philosophies of the Kodiak Chamber of Commerce. Conversely, as a result of the Borough's imposition of a dual standard of conformance and nonconformance, there is an inequity in opportunities to business growth and development. The Borough has created an artificial barrier that is not universally shared, and therefore results in an unequal playing field for business growth and development. 17.66.050 A.5 That actions of the applicant did not cause special conditions or financial hardship from which relief is being sought by the variance. The seafood industry is extremely dynamic and requires constant adjustment to global market demands, technological changes, harvesting patterns, fisheries regulatory changes, logistical challenges and competitive conditions. Alaska's coastline is littered with abandoned canneries which failed to adjust to the changes in markets, technology and operating environments. Pacific Seafood Kodiak has grown and adapted to survive in Kodiak's seafood industry. It is only recently that the parking requirements conflicted with operations. The company has paid out $12,000 dollars in the past twenty four months for damage claims to vehicles parked in the yard. It is simply unsafe to consider parking vehicles in a standardized fashion in an area of heavy industrial activity. Pacific Seafood's ability to meet the parking requirements has been exacerbated by Staff's error that established parking at 17 spaces and after the fact, increased to 21 spaces after the footprint 5 ' BOARD OF ADJUSTMENT 1 ejSe� ® ®a TM PAGE 11 OF 130 of the plant had been established. This fact contradicts Staff's statement that it is "the responsibility of the land owner to control and manage the site layout and utilization." The public relies upon Staff to make the correct computations on parking and should not be held responsible for their errors. SUMMARY In summary, Pacific Seafood Kodiak appeals the September 19, 2012 findings of the Planning and Zoning Commission. We regret that this matter has been protracted and acknowledge that it has occupied an inordinate amount of both Staff and company time. We believe that the current ordinance enforcement standards are biased to the nonconforming. A double standard exists regarding nonconformance that creates inequities in the market place. It was apparent at the P &Z hearing that there is support for both sides of this issue. While we believe that the variance is justified and appropriate, Pacific Seafood Kodiak does not desire to place the Borough Assembly in a position where it has to decide between competing businesses. From our perspective, that would be a "lose- lose" proposition. Therefore, we suggest the following compromise to accomplish the overall goals and objectives of KIBC 17.175.040: 1. Provide Pacific Seafood Kodiak with relief from the standard parking requirements for the spaces designated in the operating yard requiring a 9 x 18 foot space with a 24 foot turning aisle. Every processing operation along Shelikof maximizes the use of their available parking by allowing high density parking that permits the maximum utilization of the respective areas. With a similar standard allowing "maximum density" parking, Pacific Seafood could accommodate the parking as specified. (Enclosure D) Pacific Seafood's crew typically works an 8 — 12 hour shift, so there is no need for frequent turnover in parking. During full production, the outdoor area is one of constant motion, where forklifts, totes, trucks, gear, bait etc. are constantly being moved and stacked. The ability to maintain an orderly "big box" style parking lot is impractical, unsafe and unattainable in a fast paced, dynamic seafood operation. Allowing this change in parking standards will meet the overall goal of the Borough to provide offstreet parking, while reducing the demand on Shelikof Street. 2. Since Staff erred in computing the number of required parking spaces, we request to reduce the number required from 21 to 17 per the Community Development's calculations. This is critical since the property has been developed to its maximum extent, based on the 17 space requirement. The additional space requirement constitutes an undue hardship and should be waived to the 17 space requirement. The configuration would be 5 standard parking spaces next to the retail operation; 5 spaces for the mobile freezer vans and 7 spaces that would be configured under the high density parking concept. (Enclosure D) 6 • BOARD OF ADJUSTMENT j4j 7Jif iCSiJJ T jj d PAGE 12 OF 130 Our recommendations could be considered as a new variance request. However, in the interest of all parties, we believe that the Borough should take the lead in this matter and bring this parking issue to conclusion. Pacific Seafood Kodiak appreciates the Mayor and Assemblies time and attention to this matter and we remain committed to conforming to Borough requirements and assisting with developing a long term solution to the Shelikof Street parking conundrum that will benefit all users along our waterfront. Respectfully, John Whiddon General Manager Pacific Seafood Kodiak Kodiak, AK Cc: Aimee Kniazowski, Kodiak City Manager Pat Branson, Kodiak City Mayor Mike Okoniewski, Alaska Operations Manager, Pacific Seafood Group Enclosures: A. Zoning Compliance Permit CZ- 2007 -62 B. Zoning Compliance Permit CZ- 2012 -79 C. Existing parking plan showing turning radius requirement D. Suggested modified parking plan with combination standard and high density parking 7 BOARD , (DJUST N NG COMPLIANCY., Y 1 ERM s or (�1 ��Gt�'3C� Permit # C. Z- Z(C' - -( Kodiak Island Borough, Community Development Department, 710 Mill Bay Road (Rm. 205), Kodiak, AK 99615 PH(907)486 - 9362 Fax(907)486 - 9396 http: / /www.kib.co.kodiak.ak.us Required Applicant Information: F. 1. Property Owner /Applicant: tot , ; 4'- '. t� f`1 L t ( ; n1 Mailing Address: ; (f Q f !;vd.1 , ,i`4 % L "let-- Phone: 6---66 2. Legal Description: c=1 15 b-- c Cir-t 71-12e7. -tom -&O Street Address: r51 " ' . 5frr€'Lf 3. Description of proposed action: Q c-Y ( / I c(i j 8 :' 4. Site Plan (page 3 of 3 of this application): to include: Lot boundaries & existing easements, proposed location of all buildings, access points &vehicular parking areas. STAFF WILL PROVIDE YOU WITH A COPY OF THE APPLICABLE CODE SECTIONS THAT APPLIES TO YOUR DEVELOPMENT ACTIVITY Zoning District 0 Parking Requirements ❑ Solid Waste Removal Requirements ❑ STAFF COMPLIANCE REVIEW Parcel No. R t 1 On tc: /.5 U Current Zoning: ..L - 7N G Required Lot Area: ,20,00 Required Setbacks: Front: 30`,, Side: pp Rear go' Building Height: () (Setbacks other than zoning district standards to be noted on the attached site plan) 5. Number & size of parking spaces required: 1 4,0 A ‘ c, P! i S /wo 1 6. Off - street loading requirements: Plat/subdivision related requirements (e.g. plat notes, easements, subdivision conditions, drainage plan review, etc.) Other Requirements (e.g. zero lot line, additional setbacks, projections into yards, screening, etc. 0;24.7?°P}sia67 eac.c.edi ACMP Policies: Res. 0 Fa7c63' 17 ❑ Other ❑ Consistent with K1B CMP: YesP'Nn❑ Attachment: Yes❑ No❑ r N WAS Zonin -Cgmpliancp Pei rk ee Construction Disposal Deposit . PaX a ilrin.CeshJ rs-Orfice Payabeiii Cashier's' Office i t`. o kf40in 4,,104 ) L Room # 104 / I ) 1 a FyeC3c�iedulc n Fee Schedule: 4 Lf� l �✓� F " 't ( gpassemhly (per KID Assembly Resolution t [ ! ., I . ,,. Ptluly I, 2003, t:17..1uly 1,2005) �..` i -- j` • ni p+ . CO _ ' r q -S - C p / I:�sEIL - 1.75 acres i S30.0oI Less than 250 sq. ft. 5250.09 ! l Y 1.76 Iola acres 560.00 251 to 500 sq. ft. 551/0.00 -., I t , ) :.. ] ' r r i 5.01 to 40.110 acres 590.00 501 or greater sq. ft.`51090 :00 \ ._ .....____. -. • -. 40.01 acres or snore S1 0.011 (&tOS ciri.!` (Page 2 of 3) - BOARD CiWAUffilliiNFORIVI DOES NOT AUTHORIZE CONSTRU N4W1IDN A BUILDING PERMIT IS REQUIRED * *EXPIRATION: A zoning compliance permit will become null and void if the building or use authorized by such permit is not commenced within 180 days from the date of issuance, or if the building construction or use is abandoned at anv time, after the work is commenced, for a period of 180 days. Before such work can be recommenced, a new permit must first be obtained. (Sec. 106.4.4 Expiration. 1997 U$C) per KIBC 17.03.060. 1. Subd. Case #: Plat #: Bldg Permit # 2. Driveway Permit (State, Borough, City) by /date: 3. Applicant Certification: I hereby certify that I will comply with the provisions of the Kodiak Island Borough Code and that I have the authority to certify this as the property owner, or as a representative of the property owner. I agree to have identifiable corner markers in place in the field for verificatio of setbacks. I n d{ • /� By: C �� Title: ✓)' l Date: 3/3 0/0f' Supporting documents attached (check one): Site Plan: Y As -Built Survey: ❑ Other (List): 4. Com unity De a oppment Department Title: /17 Date: ' i 5. Fire Marshal (UFC) by /date: 6. Septic System Plan Approved by /date: This permit is ONLY for the proposed project as described by the applicant. If there are any changes to the proposed project, including its intended use arior to or durin• its sitin• construction or o aeration contact this office immediately to determine if further review and approval of the revised project is necessary. 4nxt.,ur4, F: BOARD OF ADJUSTMENT .. �Lit: ` =r GE' 15 OF 130 • �iH6.S3' a -- N e 1 .5 • 6rzn/ a 1 AP MC Vi a, I1• � \\\ \ \ Li, i we - 11, 713 1 i IS s11 o a Aza t-d'' c i 0z \ W F8 c 1.... : ")±.±\ . 4 ' . T )rl n 3-=o E"..---.'`''' m ,z P1 16 I,Pr_.r._i 9 l � 1t3 ',z . v,, �� -¢K,d\ . 1c° 1 ,,. ie Z/5. 67" ST. GAUL N A� aoP n A\N S•• 2'150 \ N ` i- 1 �/L �p � D r7 7(,0 �— P:._a �P�.JeO : '' 1 .JJiTI = \ = 110 _ 51 -n•-rd K.,Jrh i, . \1 1 .55 -C " 1 •7 i 4' & T-" • BOARD OF ADJUSTMENT Print Form 1 Pfig&it f 1110 Kodiak Island Borough Community l Bay Rment Department 7110 Mill Bay Rd. Rm 205 tk t t4 r t { E " 4 Kodiak AK 99615 a � . z Ph. (9071486 - 9362 Fax (907)486 - 9396 http: / /www.kodiakak.us 14816 Zoning Compliance Permit Permit No. C72012 -79 The following information is to be supplied by the Applicant: Property Owner / Applicant: Island Fish Co. LLC Mailing Address: 317 Shelikof Phone Number: 486 -8575 Other Contact email, etc.: Legal Description: Subdv: ATS Block: 26B Lot: 29B Street Address: 317 Shelikof Use & Size of Existing Structures: Processing Plant with Retail component Description of Proposed Action: Installation of Exterior stairway to second floor portion of plant. Processing plant is located on two parcels Tract 29B and Tract 26B • Site Plan to include: Lot boundaries and existing easements, existing buildings, proposed location of new construction, access points, and vehicular parking areas. Staff Compliance Review: Current Zoning: Industrial KIBC 17.105 ' • PROP_ID 14846 Lot Area: 2 lots at .69 and .75 ac Lot Width: Not Applicable Bldg Height: Not Applicable Front Yard: Not Applicable Rear Yard: Not Applicable Side Yard: Not Applicable Prk'g Plan Rvw? Yes it of Req'd Spaces: 21 Plat / Subdivision Requirements? Does the project involve If YES, do you have an EPA Return Receipt of Notification? N / A an EPA defined facility? N / A " Permit will not be issued until receipt is submitted to KW" F NCLOC ell? F; 13 . BOARD OF ADJUSTMENT PAGE 17 OF 130 Subd Case No. Plat No. Bldg Permit No. Driveway Permit? Septic Plan Approval: Fire Marshall: Applicant Certification: 1 hereby certify that I will comply with the provisions of the Kodiak Island Borough Code and that I . have the authority to certify this as the property owner, or as a representative of the property owner. I agree to have identifiable corner markers in place for verification of building setback (yard) requirements. Attachments? As -Built Survey List Other: Parking Plan Date: May 16, 2012 Signature: \1/4*-- This permit is only for the proposed project as described by the applicant. If there are any changes to the proposed project, including its intended use, prior to or during its siting, construction, or operation, contact this office immediately to determine if further review and approval of the revised project is necessary. ** EXPIRATION: A zoning compliance permit will become null and void if the building or use authorized by such permit is not commenced within 180 days from the date of issuance, or if the building construction or use is abandoned at anytime, after the work is commenced, for a period of 180 days. Before such work can be recommenced, a new permit must first be obtained. (Sec. 106.4.4 Expiration. 1997 UBC) per KIBC 17.15.060 A. ** CDD Staff Certification Date: May 16, 2012 CDD Staff: Bud Cassidy Payment Verification Zoning � ,L ::Al Fee Payable in Cashier's Office Room # 104 - Main floor of Borough Building wl+ Aso NAY 16 ' I 7 u f4Q ISI 0411- h After-the-Fact 2X the published amount NotApplica.' * ' I r 4 in. 50 r" 50.00 - 1 R Less than 1.75 acres: r' $30.00 r $60.00 1.76 to 5.00 acres: r 560.00 r 5120.00 5.01 to 40,00 acres: r $90.00 E 5180.00 40.01 acres or more: r 5120.00 r 5240.00 f 8 • • BOARD OF Af.IU STMFNT PAGE 18 OF 130 i c g(- tELtKOF STREE T - -- ; A/ 67 PAMESIMII 86 C3 Vii r j,� ; 3 i C r g A,. Z. II\ dA/® U b ��i n 1 � ` 3 O i 1 ( i % 2\ \ PO P? / - a i 1 " N \ kz, \ 0 4 °: U io 4/e a w `t D' s1-1 o N - 0 jm p° e Li x z/5 0 sr. PAUL NAR13°a Building Square Footage Total = 14,180 — .. Parking Calculation (14,180 / 700) = 20.26 Parking Spaces Required = 21 (2026 rounded up) ` ft _ 30 / NC (.(9$644£- 8 BOARD O' AmuEZ'IVItNT:.: PAGE 19 OF 130 1. Nc7I , I tr..? c , �� \(.( Ia. � - 1 � ,_Lv i . m � 1 �' 00,1- 1 ti B UlLO /N , / --- - - \ -e____ .--, l u. 4. -7 --:-:--,:---.75-7 F ,, .r ' to a 1, W U , a \ , m n n l e ;4;1 <,� J /.tom Q 55G i ; . .'`._. sr PAUL NAB -6 °R ✓ CZ 20 /2 _7‘? ' /> - , Building Square Footage Total = 14,180 4 " ( r' Parking Calculation (14,1801700) = 20.26 Parking Spaces Required = 21 (20.26 rounded up) • "; 3a / c 0 CN7Su "•L 0 I • . .... 3U RL4KOF . .STREET — _ BOARD OF . DJUSTMENT PAGE 20 OF 130 n.✓ a i razi L 6 L i," 1 ci\\\,..._ - t l a Y �� m i -" T aD dU v `^ (' 'p. r,.. p.K .,7 -,: , )l\ 0 5 ' f- \. % o • •6 \; , wrn ti,.. n r } _— ��1 ' — ee:b ICE- �� U m a ro• :_ \ . a, 1 n .E a 8 tai'" l 2/5.0 5 G7' 17' /D' n r, . j. 7 /Q —, Of s6(' - =r sr. PAUL PAROOP C Z 2o z _ Building Square Footage- Total = 14,180 Parking Calculation (14,180 / 700)=•20.26 Parking Spaces Required = 21 (20.26 rounded up) • / LNC.co sem'E- 1D Kodiak Island orou h ;/ Com munity Development Department ' ' > 710 Mill Bay Road r, 4' er. Kodiak, Alaska 99615 • z`a Phone (907) 486 -9363 Fax (907) 486 -9396 nri www,kodiak.ak.us September 21, 2012 Mr. John Whiddon Island Fish Company LLC 317 Shelikof Street Kodiak, AK 99615 Re: Case 13 -006. Request a Variance, according to KIBC 17.195, reducing the required off - street parking from 22 spaces to 10 spaces, according to KIBC 17.175.040. Dear Mr. Whiddon The Kodiak Island Borough Planning and Zoning Commission at their regular meeting on September 19, 2012, denied your request for a variance as stated above, and adopted Findings of Fact in support of the denial. According to KIBC 17.195.090 - Appeals: An appeal of this decision may be initiated by; 1) the applicant, or 2) any person or party aggrieved, by filing a written notice of appeal with the Borough Clerk within ten (10) calendar days of the Commission's decision. The notice of appeal must state the specific grounds for the appeal and the relief sought by the appellant, and accompanied by the appropriate appeal fee. Therefore, the Commission's decision will not be final and effective until ten (10) calendar days following the decision. For more information on the appeal process please contact the Borough Clerk's Office at 486 -9310. The Commission adopted the following findings of fact in support of their decision: FINDINGS OF FACT 17.66,050 A.1. Exceptional physical circumstances or conditions applicable to the property or intended use of development, which generally do not apply to other properties in the same land use district. Tracts N29 -B and N26 -B are typical for waterfront lots located along this stretch of Shelikof Street. Together they are rectangular in shape and measure about 1.4 acres total. The Pagel of 4 tracts, taken together or separately, exceed the minimum lot area of 20,000 square feet and lot width of 75 feet that is required for the I- industrial zoning district. If there is something atypical, it is that the two tracts have been developed with the bulk of building development on tract N29B and Tract N26B has historically provided the parking and maneuvering to support the use on Tract N29B. The more recent use of Tract N26B for outdoor storage, loading berths and other related activities has largely displaced the availability of parking and maneuvering on this tract. The decision by the land owner to displace employee and customer parking in this way however does not rise to the level of an exceptional physical circumstance or condition that would justify the granting of a variance. Historically, the site has been able to provide ample off - street parking in compliance with the parking code without the need for variances or satellite parking arrangements. As noted in the petitioner's application however, it is the increased intensity of the current use for seafood processing and the changes that occur to that industry periodically which has driven the need to maximize the use of the site for seafood processing. The petitioner has not clearly identified exceptional physical circumstances or conditions applicable to City Tidelands Tract N26B and N29B or the intended use of development on same which do not generally apply to other properties in the same land use district. 17.66.050 A.2. Strict application of the zoning ordinances would result in practical difficulties or unnecessary hardships. According to the petitioner, strict application of the parking ordinance would limit the ability of the site to remain competitive with other seafood processing uses in the area. As noted by staff the community has typically recognized the changes to the fishing industry and the limited locations for such uses to occur as justification for some case -by -case relief from parking requirements in the past. That said, suggestions that the parking calculation for seafood processing plants in general needs revision does not justify the grant of a variance. Revision or amendment of zoning codes is a legislative prerogative of the community whereas the request of a variance, as in this case, is a quasi- judicial request to consider individual property rights of a single landowner. There is substantial area on the site which is sufficiently devoid of building development so as to accommodate the required off - street parking. It is only because this area is being used for outdoor storage and industrial activities that the petitioner is unable to provide the parking required by the code. The petitioner has not indicated why at least some of the outdoor storage and equipment could not be relocated to another location off -site It should also be noted that a considerable portion of the waterfront industrial area was originally developed long before the advent of modern parking requirements. Community growth has resulted in a largely "auto- dependent" lifestyle for many residents. The relief requested in this case therefore cannot be based solely on an appeal for equity with other waterfront industrial sites which might look much different if they also were just getting started/with development under the current community parking standards. Page 2 of 4 r r 17.66.050 A.3. The granting of the variance will not result in material damages or prejudice to other properties in the vicinity nor be detrimental to the public's health, safety and welfare, While Variance Standard #1 references a comparison of "physical circumstances" with other lots in the same zoning district, Standard #3 is pertinent to all properties in the vicinity of the subject parcel(s) regardless of zoning or use. In this regard, it must be recognized that there is a substantial lack of parking in the overall area. Many of the business establishments across Shelikof Street are themselves nonconforming due to changing code standards or have themselves been recipients of relief by variance on a case - by -case basis. As a result there are already many nonconforming uses on both sides of the street which are not providing all of the parking required for those uses in this day of auto dependency. While the petitioner has based a substantial argument for the grant of a parking variance on issues of equity with other industrial properties on the waterfront, it is not justifiable to grant equity with other industrial properties at the expense of business properties in the area. Business properties also have workforce parking needs but in many cases also require a certain amount of parking turnover for customer access. This is much different from parking characteristics of seafood processing which typically relies on long shifts and large numbers of employees on site during peak processing times. While the petitioner has indicated that they encourage carpooling and walking to work, there is no evidence presented on the record to say how effective this encouragement is at reducing the number of employees who need to park in the vicinity of Tract N26B and N29B. In addition, the grant of the variance will run with the land in perpetuity and will create an additional burden for the city to regulate and manage in the Shelikof Street right - of -way. It is prudent therefore to work with property owners to ensure the maximum number of required off - street parking spaces are maintained in the area even if this requires giving the site owner some control and flexibility in the location and layout of the parking plan so long as the minimum parking standards of the code are met. 17.66.050 A.4. The granting of the variance will not be contrary to the objectives of the Comprehensive Plan. The grant of a variance would not be contrary or detrimental to the objectives of the Comprehensive Plan with regard to its support for seafood processing uses. The grant of such relief however, should not come at the expense of other general commercial uses in the area, which are similarly encouraged to succeed by comprehensive plan goals and objectives. 17.66.050 A.5. That actions of the applicant did not cause special conditions or financial hardship from which relief is being sought by the variance. The actions of the applicant have caused the special conditions from which relief is being sought by variance. As noted in the staff analysis some of this need may be due to the nature of the industry itself, but it is difficult to assign a value to these structural changes to the industry versus the responsibility of the land owner to control and manage the site layout and utilization. Page 3 of 4 • In both Zoning Compliance Permit CZ2012 -79 and prior Variance Case 11 -011 it was demonstrated that there is adequate room for off - street parking to be provided on site if some of the storage on -site could be moved to an alternate location off -site. The actions of the applicant, contrary to the provisions of the approved zoning compliance permit, have resulted in complaints, enforcement action by the borough, and ultimately this variance request. Had the petitioner maintained the site in compliance with approved permits prior to making this request this condition might have otherwise been met. 17.66.050 A.6. That the granting of the variance will not permit a prohibited land use in the district involved. This request is to allow a variance from parking requirements and the grant of such a variance would not permit a prohibited land use in the district involved. If you have any questions about the action of the Commission, please contact the Community Development Department at 486 -9363. Sincere , / .O/ Duane Dvorak, Acting Director Community Development Department CC: Nova Javier, Borough Clerk Planning and Zoning Commission Page 4 of 4 vort HAkG'h 4,0,40X4.,0., PAY i "(DATE Kodiak Island Borough BATCH NO. � Ott §.z 710 Mill Bay Rd. 2013 -0000 60 <� y , ION STATION Kodiak, AK 99615 RECEIPT N.: 2013 - 000002 ', 6r RECEIVED FROM CASHIER JOHN WHIDDON /ISLAND Teresa Medina FISH CO.,LLC DESCRIPTION VARIANCE CASE 13 -006 PAYMENT CODE RECEIPT DESCRIPTION TRANSACTION AMOUNT?::: Variance Fee I Variance Fee $350.00 CASE 13 -006 Payments: Type Detail Amount Check 1149572 $350.00 it Li 1 - \ i i ! A li I SEP 2 4 2012 h i i � • -: �nr Total Amount: $350.00 Printed by: Teresa Medina Page 1 of 1 09/24/2012 02:28:58 PM • Pael lcsea _ „ `aiu •, _ • I September 24, 2012 Li SEP 2 4 2012 � Nova Javier Borough Clerk BOROUGH CLERK'S OFFICE I Kodiak Island Borough 710 Mill Bay Road Kodiak, AK 99615 Subj: Appeal of Findings of Fact regarding KIB Case 13 -006 per KIBC 17.225.030 Appellant: Island Fish Co, LLC dba Pacific Seafood Kodiak 317 Shelikof Street Kodiak, AK 99615 Phone: 907 - 486 -8575 Fax: 907 - 486 -3007 Email contact: jwhiddon@Dacseafood.com Case/Decision: KIB 13 -006 Requesting a Variance, according to KIBC 17.195, reducing the required off - street parking from 22 spaces to 10 spaces, according to KIBC 17.175.040 Physical address: 317 Shelikof Street, Tidelands Tracts N26B & N29B Background Information: Pacific Seafood Kodiak, formerly Island Seafood's, began operations in 1999 at 330 Shelikof Street as a small, seasonal custom processor and retail seafood market. In August 2000, the company purchased the vacant waterfront property at 317 Shelikof Street and continued processing sport caught fish and small quantities of commercial fish. In December 2003, Pacific Seafood Group, a family owned seafood company, headquartered in Portland, Oregon acquired Island Seafoods and began a gradual expansion of the operation to accommodate year round production. Over the past nine years, Pacific Seafood has expanded the business to include salmon, bottomfish, halibut, black cod, Pacific cod and Pollock. The operation continued to service the sport and charter industry and offer fresh and frozen seafood in its market. The growth occurred because Pacific Seafood has large domestic markets for fresh seafood and an extensive export division that specializes in all varieties of frozen seafood. The expansion was necessary to survive in a highly competitive and capital intensive seafood industry. Growth provided economies of scale, allowed the operation to strengthen and improve its workforce and expand vital services to its fleet which enabled the plant to compete more effectively with the other major processors. The implementation of a cod sector split in January 2012 by the North Pacific Fisheries Management Council has changed the competitive environment by allocating fish to various gear types thus changing traditional fishing patterns. The October Council meeting will begin 1 1 discussions on changes in management schemes for Gulf groundfish. These pending discussions have again changed fishing patterns as harvesters become more acutely aware of the need to build a record of historical participation in cod and Pollock. These changes have had a direct impact on the production capacity and labor requirements for all processors, including Pacific Seafood Kodiak. The company operates in a highly regulated industry and is well versed in the need and importance of compliance in regulatory matters. It is important to note that the parking issue and subsequent variance were not treated in a dismissive manner, but to the contrary efforts were made to both accommodate the necessary growth and maintain the required off - street parking. To that end, it became apparent that relief was needed in the form of a variance in order to meet the conditions of K1BC 17.175.040. The majority of processing operations and retail businesses along Shelikof Street operate under an exemption for non - conformance or "grandfather clause" with regard to parking. It is assumed that the economic potential of the growing seafood and support industries outweighed the need to impose standard parking requirements that would have constrained the growth of the seafood industry. Grounds for the appeal: The following comments pertain to the Planning and Zoning Commission Findings of Fact dated 21 September: 17.66.050. A.1 Exceptional physical circumstances or conditions applicable to the property or intended use of development, which generally do not apply to other properties in the same land use district. Staff concludes: "Historically, the site has been able to provide ample off - street parking in compliance with the parking code without the need for variances or satellite parking arrangements. As noted in the petitioner's application, however, it is the increased intensity of the current use for seafood processing and the changes that occur to that industry periodically which has driven the need to maximize the use of the site for seafood processing. The petitioner has not clearly identified exceptional physical circumstances or conditions applicable to City Tidelands Tract N26B and N29B or the intended use of development on same which do not generally apply to other properties in the same land use district." We dispute this finding for the following reasons: I. Staff made an error in calculating the required parking spaces for this property. The records show that Staff calculated the need for 17 parking spaces and issued a Zoning Compliance Permit (Enclosure A: CZ- 2007 -002) to allow construction and alterations to the property based on that number. The permit issued in May 2012 adjusted the parking requirement to 20.26, rounded up to 21 (Enclosure B: CZ2012 -79). The calculation was 2 v icSea o not based on an increase in square footage, rather was due to a Staff error when they failed to factor in the upstairs storage loft. The variance request should have stated "reducing the required off - street parking from 21 spaces to 10 spaces, according to KTBC 17.175.040 ". Nowhere in the records does there indicate a need for 22 parking spaces. As a result of the initial determination that 17 spaces were required, infrastructure was built and parking was identified for 17 spaces. Staff is correct in stating we were able to provide ample parking without the request for variances. The combination of the growth in processing activity and the requirement to meet a retail parking standard in an industrial environment have made it impossible to meet the standard, plus the new requirement for the three additional parking spaces. 2. Staff states the petitioner did not identify exceptional conditions which do not generally apply to other properties in the same land use district. The fact is that other properties operate under an exemption from non- conformance with regard to parking that permits other businesses to operate with zero or minimal off - street parking. This condition creates an unbalanced playing field and puts an excessive burden on the conforming properties. 17.66.050 A.2 Strict application of the zoning ordinances would result in practical difficulties or unnecessary hardships. Staff states the following: "There is substantial area on the site which is sufficiently devoid of building developments so as to accommodate the required off - street parking. It is only because this area is being used for outdoor storage and industrial activities that the petitioner is unable to provide the parking required by code. The petitioner has not indicated why at least some of the outdoor storage and equipment could not be relocated to another off - site." We dispute this finding: 1. The word "substantial" pertaining to the available space on the property is an opinion, not a quantifiable fact. It is an opinion rendered without working knowledge of the day to day operations of the facility. The plant was built to the maximum limit to accommodate 18 parking spaces. Staff is correct in stating that "this area (outdoor area) is being used for outdoor storage and industrial activities that the petitioner is unable to provide parking required by code." These are normal activities at all fish processing facilities. This outdoor space is entirely dedicated to offloading, sorting, grading and storing fish — the industrial activities noted above. Space must also be provided for the storage of totes of waste fish and room provided to allow access by Bio Dry to receive solid fish wastes. 2. Staff did not inquire as to the use of the outdoor storage containers. The vans parked against the fence closest to the breakwater are bait vans. Storing these vans off -site would create undue hardship since they are used continuously in servicing the fleet. The 3 ( Poe' lcsea ooh additional equipment referenced is a combination of fish totes and offloading conveyors and sorters — all of which need to be kept on -site. Borough code 17.175.070 H 1, Table 5 specifies a 9 x 18 foot parking stall with a 24 foot aisle width for 90 degree parking. The facility is able to maintain five standard parking spaces in front of the retail store and five mobile container vans that count as five spaces for a total of ten spaces. The additional spaces were intended to be located in the outside yard referenced by Staff. Compliance with the parking standard per 17.175.070 HI, Table 5 results in a parking space requirement that is in effect 9 feet wide by 42 feet long or 378 square feet per vehicle. Eleven spaces would occupy a minimum of 4100 square feet, which is a large portion of the outside yard. (See enclosure C) The allocation of this space would severely restrict the operational capabilities of the plant and create extreme hardship. The plant must have the ability to offload and sort fish or it cannot function. The suggestion had been made that the plant could reduce its operation by some percentage to accommodate parking. The outdoor area is critical to the successful operation of the plant. Without the ability to offload and sort fish, the plant would be forced to shut down, resulting in the layoff of 90 employees whose wages have totaled over 9.7 million dollars since 2008. Additionally, in the same period since 2008, the plant has contributed over 1.9 million dollars in fish taxes. Comments were made that other processors could absorb the employees and the fish. These comments do not address the potential loss of a processor that has invested heavily in Kodiak for over thirteen years to provide an alternative market for our fishermen. Staff's conclusions about ample space and off -site storage opportunities are erroneous and entirely without merit and reflect limited understanding of the operational requirements of the seafood industry. 17.66.050. A.3 The granting of the variance will not result in material damages or prejudice to other properties in the vicinity nor be detrimental to the public's health, safety and welfare. We concur with Staffs conclusions that there is a "substantial lack of parking in the overall area" and "many of the business establishments across Shelikof Street are themselves nonconforming due to changing code standards or have themselves been recipients of relief by variance on a case -by -case basis." Pacific Seafood Kodiak recognizes that the Planning & Zoning Commission operates from a narrow set of parameters framed by the Borough Code. While exceptions have been made (i.e. Convention Center), they typically operate in a "black and white environment." The issues before us are not black and white as there are many establishments that are nonconforming. Two points are relevant to this section: 1. It is fact that many of the businesses on Shelikof Street operate under an exemption of nonconformance. By way of example, the building located at 328 Shelikof Street operates under an exemption of nonconformance and has zero off - street parking. Several 4 j new business ventures have recently started within this building yet the requirement to add parking remained unchanged. We have no dispute with this fact nor the businesses themselves, but point out the inequity of the ordinance system that provides a competitive advantage to one business over another. 2. The Borough operates under a complaint driven system with regard to ordinance compliance. We find this system to be unfair and inequitable because it provides opportunities for individuals to vent and raise spurious complaints that occupy staff time. In the meantime, businesses exist that are nonconforming but the nonconformance is unaddressed until a complaint is brought before the Borough. We believe that the roles and responsibilities of the Borough Code Enforcement Officer should be reviewed to ensure that compliance and noncompliance issues are managed proactively versus the current reactive, complaint driven system. 17.66.050 A4. The granting of the variance will not be contrary to the objectives of the Comprehensive Plan. We support Staffs conclusion that the granting of a variance would not be detrimental to the objectives of the Comprehensive Plan with regard to its support of the seafood processing users. We disagree with the finding that "the grant of relief however, should not come at the expense of other general commercial uses in the area, which are similarly encouraged to succeed by comprehensive plan goals and objectives." Pacific Seafood Kodiak has neither the desire nor intent to disadvantage neighboring business. The company began as a small business and continues to actively support the business development principals and philosophies of the Kodiak Chamber of Commerce. Conversely, as a result of the Borough's imposition of a dual standard of conformance and nonconformance, there is an inequity in opportunities to business growth and development. The Borough has created an artificial barrier that is not universally shared, and therefore results in an unequal playing field for business growth and development. 17.66.050 A.5 That actions of the applicant did not cause special conditions or financial hardship from which relief is being sought by the variance. The seafood industry is extremely dynamic and requires constant adjustment to global market demands, technological changes, harvesting patterns, fisheries regulatory changes, logistical challenges and competitive conditions. Alaska's coastline is littered with abandoned canneries which failed to adjust to the changes in markets, technology and operating environments. Pacific Seafood Kodiak has grown and adapted to survive in Kodiak's seafood industry. It is only recently that the parking requirements conflicted with operations. The company has paid out $12,000 dollars in the past twenty four months for damage claims to vehicles parked in the yard. It is simply unsafe to consider parking vehicles in a standardized fashion in an area of heavy industrial activity. Pacific Seafood's ability to meet the parking requirements has been exacerbated by Staffs error that established parking at 17 spaces and after the fact, increased to 21 spaces after the footprint 5 v lcseao of the plant had been established. This fact contradicts Staff's statement that it is "the responsibility of the land owner to control and manage the site layout and utilization." The public relies upon Staff to make the correct computations on parking and should not be held responsible for their errors. SUMMARY In summary, Pacific Seafood Kodiak appeals the September 19, 2012 findings of the Planning and Zoning Commission. We regret that this matter has been protracted and acknowledge that it has occupied an inordinate amount of both Staff and company time. We believe that the current ordinance enforcement standards are biased to the nonconforming. A double standard exists regarding nonconformance that creates inequities in the market place. It was apparent at the P &Z hearing that there is support for both sides of this issue. While we believe that the variance is justified and appropriate, Pacific Seafood Kodiak does not desire to place the Borough Assembly in a position where it has to decide between competing businesses. From our perspective, that would be a "lose- lose" proposition. Therefore, we suggest the following compromise to accomplish the overall goals and objectives ofKIBC 17.175.040: 1. Provide Pacific Seafood Kodiak with relief from the standard parking requirements for the spaces designated in the operating yard requiring a 9 x 18 foot space with a 24 foot turning aisle. Every processing operation along Shelikof maximizes the use of their available parking by allowing high density parking that permits the maximum utilization of the respective areas. With a similar standard allowing "maximum density" parking, Pacific Seafood could accommodate the parking as specified. (Enclosure D) Pacific Seafood's crew typically works an 8 — 12 hour shift, so there is no need for frequent turnover in parking. During full production, the outdoor area is one of constant motion, where forklifts, totes, trucks, gear, bait etc. are constantly being moved and stacked. The ability to maintain an orderly "big box" style parking lot is impractical, unsafe and unattainable in a fast paced, dynamic seafood operation. Allowing this change in parking standards will meet the overall goal of the Borough to provide offstreet parking, while reducing the demand on Shelikof Street. 2. Since Staff erred in computing the number of required parking spaces, we request to reduce the number required from 21 to 17 per the Community Development's calculations. This is critical since the property has been developed to its maximum extent, based on the 17 space requirement. The additional space requirement constitutes an undue hardship and should be waived to the 17 space requirement. The configuration would be 5 standard parking spaces next to the retail operation; 5 spaces for the mobile freezer vans and 7 spaces that would be configured under the high density parking concept. (Enclosure D) 6 Pau icseaooi Our recommendations could be considered as a new variance request. However, in the interest of all parties, we believe that the Borough should take the lead in this matter and bring this parking issue to conclusion. Pacific Seafood Kodiak appreciates the Mayor and Assemblies time and attention to this matter and we remain committed to conforming to Borough requirements and assisting with developing a long term solution to the Shelikof Street parking conundrum that will benefit all users along our waterfront. Respectfully, John Whiddon General Manager Pacific Seafood Kodiak Kodiak, AK Cc: Aimee Kniazowski, Kodiak City Manager Pat Branson, Kodiak City Mayor Mike Okoniewski, Alaska Operations Manager, Pacific Seafood Group Enclosures: A. Zoning Compliance Permit CZ- 2007 -62 B. Zoning Compliance Permit CZ- 2012 -79 C. Existing parking plan showing turning radius requirement D. Suggested modified parking plan with combination standard and high density parking 7 • ZON'NG COMPLIA Cv PERVII T (ra.elof3) Permit # n Z- 2.UJ1 - -( Kodiak Island Borough, Community Development Department, 710 Mill Bay Road (Rm. 205). Kodiak, AK 99615 PH(907)486 - 9362 Fax( 907) 486 - 9396 http: / /www.kib.co.kodiak.ak.us Required Applicant Information: 1. Property Owner/Applicant: Z; fH 1 ;`; ' T 6f0 <5 Mailing Address: ( � ' 0 ( l ake y ,t ok 0 tv)% - Phone: —63 2. Legal Description: kJ 'ip "i 13 4, t-- ( CT"i 1`1 -0e l Th Street Address: : . *te7j e - 3. Description of proposed action: A i i 7 ' / ! t', < ° TO tt . ' _ `c° t 4. Site Plan (page 3 of 3 of this application): to include: Lot boundaries & existing easements, proposed location of all buildings. access points &vehicular parking areas. STAFF WILL PROVIDE YOU WITH A COPY OF THE APPLICABLE CODE SECTIONS THAT APPLIES TO YOUR DEVELOPMENT ACTIVITY Zoning District Parking Requirements ❑ Solid Waste Removal Requirements ❑ STAFF COMPLIANCE REVIEW Parcel No. R j_ t i)(ot Current Zoning: J. - Required Lot Area: ,,2 G,00(14 Required Setbacks: Front: 0° ,-- Side: 99.or ` Rear An' Building Height: Sb (Setbacks other than ZOI7h7V district standards to he noted on the attached site nlan) 5. Nutnber & size of parking spaces required: ' M p(, s/30/ i 6. Off - street loading requirements: Plat /subdivision related requirements (e.g. plat notes, easements, subdivision conditions, drainage plan review, etc.) Other Requirements (e.g. L � zero lot line, additional setbacks, projections into yards, screening, etc. ,r` (.Q.) A-T eilioxf 6f-4°0ud l r 6 ACMP Policies: Res. ❑ c - moils Er-Ind. ❑ Other ❑ Consistent with KIB CMP: Yes2 - No❑ Attachment: Yes❑ No❑ C cc (-J > "S_ rt '' /,mun�t�nphagrtlevaln��cc Construction Disposal Deposit t Pay _ ,.. .... at e I jn Cashtcr s o1L 'C cc ahleiiSShier sorrice °c 111 :11601111031-1 ) t Room # 104 I f 6 r, r h m e d I : "a Icu Schedule. f/.4 L W (1g;Kjiasserihh Itemt:0 ii)n tpur K111 Assembly Resolution ._ `2 I I, L ( RIMIuly 1, 20oj} - Elf July 1, 2005) C I t 1 1 I e'alralnl.75 acres &_ Q30.00 3 1 Less than 25(1 sq. ft. 5250.110 k p- I 1 1 76 144 acres 560.00 201 to 500 sq fl »111.09_„ itT : 11±12 501 to 4(1.00 acres 590.00 5111 or urea ter sq. It.t S10011.02 �._ 401111 acres or more 51 20.1111 g y t.c'S Ct ice: i (Page 2 of 3) • / THIS FORM DOES NOT AUTHORIZE CONSTRUCTION WHEN A BUILDING PERMIT IS REQUIRED * *EXPIRATION: A zoning compliance permit will become null and void if the building or use authorized by such permit is not commenced within 180 days from the date of issuance. or if the building construction or use is abandoned at any time. after the work is commenced. for a period of 180 days. Before such work can be recommenced, a new permit must first be obtained. (Sec. 106.4.4 Expiration. 1997 U$C) per K1BC'17.03.060. 1. Subd. Case #: Plat 4: Bldg Permit #:.:1' u . 2. Driveway Permit (State, Borough, City) by /date: Applicant Certification: 1 hereby certify T will comply with the provisions o f the Kod Isla 3. Ap�Ii�au� �,ci �iuLa �ltin tif . 1 hereby l.cl m y that il oal 1 vJ Gcomply i i wuu the �w dlai�riS G� we Kodiak Island Borough Code and that I have the authority to certify this as the property owner, or as a representative of the property owner. [ agree to have identifiable corner markers in place in the field for verificatio of setbacks. �� rl By: --E it.. L Title: V ° I /� er d-Yl Date:. 37; oJoR Supporting documents attached (check one): Site Plan: K As -Built Survey: ❑ Other (List): 4. Community De e4opment Department j �/� r 54 By: y 7 � 4 LI Title: 794 Date: i 5. Fire Marshal (UPC) by /date: 6. Septic System Plan Approved by /date: This permit is ONLY for the proposed project as described by the applicant. If there are an chances to the ro •osed •ro'ect, including_ its intended use. prior to or during its siting, construction, or operation, contact this office immediately to determine if further review and approval of the revised project is necessary. _ a -cT , A cG \,, \ ,....cr. AH_:________:71,\:_e,-, ic. gyp. © \ A .�„ Z \ .1 -/.., , , O p / 9 7 :4 41° ' / Itt, ,,\\\\ 1 / s L r L k'1 l� V k WICK ,\ - \\ki:\ F V , � =l�or 1'2_4 r- -J �R� , 0P'-3 - ( l ° u s e \ z VGA (• -KU 1 ,• emu0 -, & O A r., Pc-r>2 V I L 5 z _ _ ( a °Y_� • ¢ " mac 1 0C -e 19 F ice 5 T� m / � „Fri 2/5. s r PA LeL 'tlAig OOP r A I L'DG - r'�c ci),\:: ■---g , lf— r 3 iz- \ ?r o3�J 0 s•,,» i ,J \ r ryGO — 5[o.c.n�a c „O,Pin76n i ll, = 4 5 '1- ,-.1 . yy \\ IJ / /7 _?') Ct= — Kodiak Island Borough Print Form Submit by Email Community Development Department �` `I` �� [(t ` III .; f 710 Mill Bay Rd. Rm 205 • u= ` " 4' Kodiak AK 99615 :u4-a, 6..,... w.t, Ph. (907) 486 -9362 Fax (907) 486 -9396 11846 http: / /www.kodiakak.us Zoning Compliance Permit Permit No. C72012 -79 The following information is to be supplied by the Applicant: Property Owner / Applicant: Island Fish Co. LLC Mailing Address: 317 Shelikof Phone Number: 486 -8575 Other Contact email, etc.: Legal Description: Subdv: ATS Block: 26B Lot: 298 Street Address: 317 Shelikof Use & Size of Existing Structures: Processing Plant with Retail component Description of Proposed Action: Installation of Exterior stairway to second floor portion of plant. Processing plant is located on two parcels Tract 29B and Tract 26B Site Plan to include: Lot boundaries and existing easements, existing buildings, proposed location of new construction, access points, and vehicular parking areas. Staff Compliance Review: Current Zoning: Industrial KIBC 17.105 PROP ID 14846 Lot Area: 2 lots at .69 and .75 ac Lot Width: Not Applicable -Bldg Height: Not Applicable Front Yard: Not Applicable Rear Yard: Not Applicable Side Yard: Not Applicable Prk'g Plan Rvw? Yes # of Req'd Spaces: 21 Plat / Subdivision Requirements? Does the project involve If YES, do you have an EPA Return Receipt of Notification? N / A an EPA defined facility? N / A "Permit will not be issued until receipt is submitted to KIB" E 2L l3 . Subd Case No. Plat No. Bldg Permit No. Driveway Permit? Septic Plan . Approval: Fire Marshall: Applicant Certification: I hereby certify that 1 will comply with the provisions of the Kodiak Island Borough Code and that I . have the authority to certify this as the property owner, or as a representative of the property owner. I agree to have identifiable corner markers in place for verification of building setback (yard) requirements. Attachments? As -Built Survey List Other: Parking Plan i Date: May 16, 2012 Signature: , This permit is only for the proposed project as described by the applicant. If there are any changes to the proposed project including its intended use, prior to or during its siting, construction, or operation, contact this office immediately to determine if further review and approval of the revised project is necessary. ** EXPIRATION: A zoning compliance permit will become null and void if the building or use authorized by such permit is not commenced within 180 days from the date of issuance, or if the building construction or use is abandoned at anytime, after the work is commenced, for a period of 180 days. Before such work can be recommenced, a new permit must first be obtained. (Sec. 106.4.4 Expiration. 7997 UBC) per KIBC 17.15.060 A. ** CDD Staff Certification Date: May 16, 2012 CDD Staff: Bud Cassidy Payment Verification Zoning Cr ( .e it Fee Payable in Cashier's Office Room # 104- Main floor of Borough Building i g1t.5 MAY 16, i hill After- the -Fact 2X the published amount Not Applicab''�- ' f ? _ 1 � ,.. a1 rfn; 50.00 p " 50.00 Less than 1.75 acres: IR 530.00 1" 560.00 1.76 to 5.00 acres: p 560.00 p $120.00 5.01 to 40.00 acres: f 590.00 r 5180.00 40.01 acres or more: (— 5120.00 [" 5240.00 €NC CO S U rtti (3 I . scin_t KOF •51 E_ - -- - ,, t li ,,,_„,....c)__ . �tl`b C A� 1 N � I�x:._ A \ \ 1 21 aPi 1 ' � n 1 ` /r o ' yl o ' 1 1 co o . lv 7 ``'‘, PAC %t ,V it lb" �r- > rv�� I q � \ , .) \ g I1 VI \ j r r 1 1 I \ \ t on 8 \:____\ • 215• _567'/7' W _---- -- WAR s r pA UL Building Square Footage Total = 14,186 Parking Calculation (14,180 / 700) = 20.26 Parking Spaces Required = 21 (20/6 rounded up) 3o • NGLOn64r4E a 1 . , • \ . co F ` t ,. KQr S T � ECT r. + fly i 1 V`I \ ■,,. , i \ 'i - - -- :3' \ O i � /IJ6 i,r ' [YUlL �� _ ILA �� C. . NI 111% �� / v.ua ® O it �„�r v'� L v \ \\ -./ s c4.; --fc -----_____;•,--,, _ 1 ° 1 � `�!P V� < _i' ,, ego a I r � h - \�a A \\ \ 1 s t a � �i 8 i I ; �_� t \ • z,S0J .. • Building Square Footage Total= 14,180 �, ..s /� Parking Calculation (14,1801700) = 20.26 Parking Spaces Required = 21 (20.25 rounded up) • / ./. „ , o / 3 f& C • I S4-.9EEF — — () \,\ 0 \-- \ :4 . --- — n— Vi,41.-- F Li n \\A‘ \ / /// b 9 \ \ ),,:-‘ U d0 �E�L F V J+ �d - In I 4.. . 0 .fi (7 m 1� �9 r r'!,� -mil Sr " +<.+- �' , .e 1 \0, t ee `\f.,�, .>65-2y \ \ ��- --- 1\ of l! 19 h / l \ . P 5 0 \ 1 f:1 o, VP" p \ / t 3 l o \ ol_V-■ 0/5. S GT /7' /O :0 / / XS<, 4 a 5 ac'/?. C . I sr ()AUL PAR-°1917 (R,- ,---- C Z 20(. _'7% < Building Square Footage -Total = 14,150 Parking Calculation (14,180 1700) = 20.26 Parking Spaces Required = 21 (20.26 rounded up) / ,,/ / = �o first_name last_name Mail_Line_ Mail_City Mail_State Mail_Zip MARK ANDERSON 1124 STELLER WAY KODIAK AK 99615 CRAIG BAKER P.O. BOX 8514 KODIAK AK 99615 WILLIAM BISHOP 402 W MARINE WAY STE 300 KODIAK AK 99611 BJM, LLC P.O. BOX 993 KODIAK AK 99615 JEROME BONGEN LIVING TRUST PO BOX 392 KODIAK AK 99615 TONYA M BROCKMAN 171 OTTER AVE KODIAK AK 99615 LEIF BROCKMAN PO BOX 99 BLACHLY OR 97412 CITY OF KODIAK P.O. BOX 1397 KODIAK AK 99615 KYLE CROW 410 W. REZANOF DR KODIAK AK 99615 ANDREW M DAVIS 26081ODI CT MARENO VALLEY CA 97555 GLENN DICK 11879 MIDDLE BAY DR KODIAK AK 99615 ELIZABETH FLEMING PO BOX 1068 KODIAK AK 99615 MICHAEL HELLIGSO 318 W. REZANOF DR KODIAK AK 99615 MARGARET HOLM 303 COPE ST. KODIAK AK 99615 INT'L SEAFOODS OF ALASKA P.O. BOX 2997 KODIAK AK 99615 ISLAND FISH CO., LLC 317 SHELIKOF AVE KODIAK AK 99615 LESLIE T & MARY A JAMES PO BOX 536 KODIAK AK 99615 LELAND JAMES 1615 LIEGE DR HENDERSON NV 89012 CHARLES E & MARILYN JOHNSON 9310 LUNDEEN RD SW ROCHESTER WA 98579 DUKE JONES P.O. BOX 1604 KODIAK AK 99615 KERRY KEARNS PO BOX 8256 KODIAK AK 99615 KODIAK INN HOLDINGS, LLC 236 W. REZANOF DR KODIAK AK 99615 KODIAK MARINE SUPPLY INC PO BOX 99098 SEATTLE WA 98199 KODIAK RENTAL CENTER, LLC PO BOX 2531 KODIAK AK 99615 THOMAS KOUREMETIS PO BOX 1392 KODIAK AK 99615 ALEXUS KWACHKA 326 COPE ST KODIAK AK 99615 ROBERT LACHOWSKY 315 COPE ST KODIAK AK 99615 GEORGE LEE 171 OTTER AVE KODIAK AK 99615 JOSHUA LEWIS 1120 HUFFMAN RD STE 24 -466 ANCHORAGE AK 99515 THOMAS LORAN ETAL 410 SHELIKOF ST KODIAK AK 99615 CHRISTINA LYNCH 11175 LAKE ORBIN DR KODIAK AK 99615 DIANA MACDONELL PO BOX 2730 KODIAK AK 99615 MK ENTERPRISES, LLC PO BOX 2338 KODIAK AK 99615 LANA JANE MONTEIRO PO BOX 1072 KODIAK AK 99615 MONTE NEDROW PO BOX 8983 KODIAK AK 99615 PATRICIA OLSEN P 0 BOX 1014 KODIAK AK 99615 MICHAEL RESOFF PO BOX 911 KODIAK AK 99615 JANE SAUER 1436 "0 "ST ANCHORAGE AK 99501 ALLAN THIELEN 318 W HILLCREST ST KODIAK AK 99615 NORMAN URSIN SR 1715 W. NICKERSON ST SEATTLE WA 98119 THOMAS WALTERS PO BOX 3336 KODIAK AK 99615 CHRISTOPHER WING PO BOX 2827 KODIAK AK 99615 Ac,t h'� li's�f ' pabL C , l /cc/Zy ric C w If Public H Iteat.7-A P &Z Se tember 19, 2(}12 fir, 1: c,� �,0 SS.: 22 �1 • 0 4 � A �0 220 . g"` , ,Q a 6 i N ° C� � ♦ �� N �e , . �z 23 3t� ®I ..-- c., - o 1 3 � � c �. 30 O le.-- � ♦ 3 �6 -5°' �P 322 '34 1 322 3 re itt 4 \O o � 0 3 2g �,�A 3 a • p2° t ^�Q gy m. 3 \ 4 V 313 '3 i Y o Kodiak Island Borough GIS System , W - .- 1 r o 125 250 500 750 1.000 Feet S This map was prepared from the Kodiak Island Borough's GIS System. It is provided for the purpose of showing the general location of a property within the Kodiak Island Borough. This map does not represent a survey. More information about the mapping data can be obtained by contacting the Kodiak Island Borough IT Department at (907) 486 -9333. Introduction - Page 1 of 3 1 1 Public Hearing Item 7 -A P &Z - September 19, 2012 ' Kodiak Island Borough Zoning Map W . o in E w Community Development Department ` • � S • Current zoning P & Z Case 13 -006 Request: A variance, per K1BC 17.195, reducing the required off - street parking from 22 spaces to 10 spaces, according to Island Fish Co. LLC KIBC 17.175.040. Agent: John Whiddon III �Vi ti pis `' titOtn* F , itnt‘ tik '- o ' Q A Si 7 �A1� 101■4‘ . j tyll „ „ , 4 00 LL s ct ,, .-. ,,. 0 �� 9 0 ,- ` A-- P sz,P / ' Zoning Legend Public Use Lands I Rural Residential 1 r I Multi Family Residential Light Industrial A ri Watershed I Rural Residential 2 ® Business Rural Neighborhood Commercial Conservation _ Single Family Residential ,:_ , Retail Business Urban Neighborhood Commercial Rural Residential [ I Two Family Residential `:' -1 Industrial [ 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 Kodak Island Borough. This map does not represent a survey. More information about the mapping data can be obtained by contacting the Kodiak Island Borough IT Department at (907) 486 -9333 Introduction - Page 2 of 3 I. Public Hearing Item 7 -A P &Z - September 19, 2012 &Engin Location Request:aWifiGf1 p25'14IBC0.195,redueing 6 required P ease (313 -006 off - street parking from 2S spaces t0 Island MD @a II@ KIBC 0175.040. Agent: John Whiddon dt F "� rim R,e fin v ^ .. � � 1 / A , % ! - � .. \ •{ : ,(� f :rrl , -4 --.. � <;e \, � {�' 1 :~ � .. y� , 7.- Y -- \ ,t , '� W t` Q y A , � i SY I Ji •� V S} 1 • --<- 1 n` ..Il' „r c � i \ � " off ' ," �� ?! . `, i j . ' ^ ' - , . u o'.P. � �4 .f t v v Y :r s rnt"' _-, / mac` 5 'a .i C . . S, Y r ' •'•w_es�i e ? 93.4 vC 4 604 7- ° e _ � 4 1410 p ( 2 / ,>: l- ,� ,.\, < 0 \ I bra 74' r> e4e x J. - or,: i ..a �5 i s r liYf I�i� lays cal k @ r. e r' iV ti� b Q` t;-, r , •1 I to ° Kodiak Island Borough GIS System N abs W " -I� E N 0 130 260 520 780 1,040 �� Feet S I This map was prepared from the Kodak Island Borough's GIS System. 11M 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 Boroug ll IT Department at (907) 4869333 Introduction - Page 3 of 3 Public Hearing Item 7 -A f 8�Z 8e 10 Kodiak Island Borough not For II Submit y mail ,, r ti` Community Development Department 710 Mill Ray Rd. Rm 205 Kodiak AK99615 Ph. (907) 486 - 9362 Fax (907) 486 - 9396 http://wwwkodiakak.us PROP_IDIm'7 Variance Application KIBC 17.195 2 The fPowjngginfor�tC is to be supplied by the Applicant: rs Property Owner / Applicant: Pacific ciifi icSeaf00 JohnWhiddon,GeneralManager Mailing Address: 317 Shelikof Street, Kodiak AK 99615 Phone Number: 907 -486 -8575 Other Contact email, etc.: John Whiddon <jwhiddon @pacseafood.com> Legal Description: Subdv: Adjoining City Tidelands Tracts N26 -B, N29 -B Block: Lot: Street Address: 317 Shelikof Street, Kodiak AK 99615 Present Use of Property: Seafood Processing, Retail Seafood Store Variance(s) Requested: Reduce required on -site parking from 22 to 10 spaces; this will be accompanied by several actions taken by Pacific Seafoods to continue to reduce parking demand, and to shift a portion of on -site spaces to an adjoining property (Note: Use additional sheets, if needed, to provide a complete description of the proposed request.) KIBC 17.195.020 Application. An application for a variance may be filed by a property owner or their authorized (in writing) agent. The application shall be made on a form provided by the community development department and accompanied by the required fee and site plan (a development plan for one or more lots on which is shown the existing & proposed conditions of the lot, including topography, vegetation, drainage, flood plains, wetlands, & waterways; landscaping & open spaces; walkways; means of ingresi & egress; circulation; utility services; structures & buildings; signs & lighting; berms, buffers, & screening devices; surrounding development; and any other information that reasonably may be required in order that an informed decision can be made by the approving authority). All applications shall be available for public inspection. KIBC 17.195.050 Approval or denial. A. Approval. If it Is the finding of the commission, after consideration of the investigator's report and receipt of testimony at the public hearing, that the use proposed in the application, or under appropriate conditions or restrictions, meets all of the following, the variance shall be granted. Respond to each of the following standards as they apply to your request. (use additional sheets as needed) 1. That there are exceptional physical circumstances or conditions applicable to the property or to its intended use or development which do not apply generally to other properties in the same land use district; See attachment L V L I V C Ill • II it _ 2. That the strict application of the provisions of this title would result in practical difficulties or unnecessary hardship; 1 1 s See attachment COMMUNITY DEVELOPMENT DEPARTMENT Application - Page 1 of 10 Public Hearing Item 7 -A P &Z - September 19, 2012 3. That the granting of the variance will not result in material damage or prejudice to other properties in the vicinity nor be detrimental to the public's health, safety or general welfare; See attachment 4. That the granting of the variance will not be contrary to the objectives of the comprehensive plan; See attachment 5. That actions of the applicant did not cause special conditions or financial hardship or inconvenience from which relief is being sought by a variance; and See attachment 6. That granting the variance will not permit a prohibited land use in the district involved. See attachment Applicant Certification: I hereby certify as the property owner /authorized agent that this application for P &Z Commission review is true and complete to the best of my knowledge, and that it is submitted in accordance with the requirements of the applicable Kodiak Island Borough Code, which includes a detailed site plan for the vaiiance request and may include optional supporting documentation as indicated below. Additional Narrative / History : Photographs: As -built Survey: Maps : List Other: Other material to be submitted by July 31 1 Date: 7 /Sl? fy Signature: / � LL , A t joi-44 CDD Staff Certification Site Plan Submitted? Current Zoning: CodeSection(s): Date: CDD Staff: y . Payment Verification Fee Payable in Cashier's Office Room # 104 - y ,•1 Qf'lZorough Building (' /$250.00 Koaiakisianodorougi Application - F nq pj a pn+ Public Hearing Item 7 -A P &Z - September 19, 2012 VARIANCE REQUEST Pacific Seafood Background Fishing is the Foundation of the Kodiak Economy Kodiak is the number 3 fishing port in the US in value and pounds of fish harvested (National Ocean Economics Program) • More residents live off the fishing industry in Kodiak than anywhere else in Alaska; 6 of 10 largest employers in Kodiak are seafood processors • Seafood provides largest payroll on Kodiak Island Pacific Seafood Today • Size and Operations — Pacific Seafood is one of seven primary seafood processors on Kodiak Island. Pacific Seafood currently serves a mixed fleet that includes: jig, longline, pot, trawl, salmon seine and set nets. The plant operates year round, processing Pacific cod, Pollock, POP, rockfish, flatfish, halibut, black cod, salmon and sport and charter fish. During peak season, the plant operates 24 hours a day to offload, process and ship fish to both international and domestic markets. The business continues to process sport and charter fish during the summer tourism months, and operates and maintains a fresh seafood market year round. History — The business was started as a seasonal custom processing operation serving the sport and charter fleets. The company, formerly called Island Seafoods, was acquired by Pacific Seafood Group in 2003. Since then the company expanded to a year round operation serving both the domestic and export markets with a variety of fresh and frozen products. Pacific Seafood is a family owned, vertically integrated seafood company, based in Portland, Oregon. Physical Layout — The facility is located at 317 Shelikof Street on two adjacent tracts, N29B and N26B. The original building, across the street at 330 Shelikof Street, is currently being used as a maintenance shop. The approximate square footage of the primary processing building is 13,000 square feet. • Parking — Needs fluctuate according to the seasonal changes in fishing activity, varying over the day and year. The retail operation requires five (5) spaces for customer use. The five 40 foot export vans on the Shelikof Street side, account for an additional five larger parking spaces. Business Growth and Local Economic Impact - Growth: Fish processing is a very capital intensive, competitive business. Over the past 9 years, to remain in business and prosper, Pacific Seafood has had to significantly expand its staff, equipment and season of operation. - Substantial payroll: The number of pounds crossing the dock has increased by a factor of five since Pacific Seafood Group took over the facility in 2003. To accommodate this expansion, at peak production the number of employees has increased from ten to over seventy -five. The average number of employees during the season is fifty, split between two shifts. A large portion of Pacific Seafood's staff walks to work or carpools. This is strongly encouraged by Pacific Pacific Seafood page I of 5 Preliminary Variance Application - attachment 7.5.12 Application - Page 3 of 10 Public Hearing Item 7 -A P &Z - September 19, 2012 Seafood management, to minimize parking demand and to reduce congestion at the plant and on Shelikof Street. - Expenditures: Pacific Seafood and its employees make substantial expenditures throughout the community, purchasing goods and services for the plant and the multi -gear type fishing fleet, including fuel, food, support services and purchase and repair of processing equipment. Contributions to local government revenue - Fish tax (severance tax) revenues make up a large proportion of all locally generated revenues. As one of seven major processors in the area, Pacific Seafoods makes a major contribution to this critical local government revenue source. Pacific Seafood and its employees also spend significant money in the community, in turn making a large contribution to local sales tax revenues. Property tax contributions are also significant. Pacific Seafood Tomorrow The national and international seafood business is constantly evolving and these investments are essential for the company to remain competitive. The company requires additional space to improve waste handling and increase freezing capacity. The potential for expansion will be largely controlled by space available for facility operations, which is in turn largely controlled by parking ordinance requirements. Pacific Seafoods will not be able to grow and therefore compete without a favorable resolution of parking issues. The Big Picture Pacific Seafoods recognizes the challenges of parking in downtown in general and along Shelikof in particular. The business succeeds in part because of all the resources downtown offers — services, retail, circulation, restaurants and housing. Pacific Seafood wants to work to improve parking situation for itself and for the community, which will require a cooperative effort. Proposal — A Phased Approach 1. Immediately: A parking variance, to solve current problems at Pacific Seafood — from a requirement for 22 to 10 parking spaces. Pacific Seafood will take several different steps to offset this reduction in on -site parking requirements. Details will be presented in the full version of this variance request, to be submitted by the end of July. Strategies will include continued steps to reduce employee parking demand, proposed changes in the location and dimensions of parking spaces, and use of adjoining offsite parking to meet a portion of parking • requirements. 2. In the near future: Pacific Seafood would like to be one catalyst in bringing together the City, Borough, landowners, businesses and the community to develop and implement a plan that resolves parking issues in the area. Pacific Seafood page 2 of 5 Preliminary Variance Application - attachment 7.5.12 Application - Page 4 of 10 Public Hearing Item 7 -A • e P &Z - September 19, 2012 Variance Criteria KIB Code; Chapter 17.195 and Pacific Seafood Responses /I. That there are exceptional physical circumstances or conditions applicable to the property or to its intended use or development which do not apply generally to other properties in the same land use district; - Borough parking standards requiring one on -site parking spot per 700 square feet of industrial space do not work for waterfront seafood processing businesses. For Pacific Seafood or any other processor to continue to operate safely and successfully requires modification of these standards. While on some days the 22 parking spots required under existing standards can remain open and dedicated to parking use, on other days at least portions of these spaces must to be available for processing - related activities. The size of this waterfront parcel is fixed; there is no extra room to both meet operational needs and ensure all required parking spaces are always free. - Current parking standards are equally unworkable for all the processing facilities along the waterfront. The reason these parking standards have not been challenged and resolved is that nearly all the other nearby processors (and many larger retailers) are effectively exempt from Borough parking requirements — their operations are "grandfathered" from a time prior to the adoption of the existing code. Because of the temporary change of the business in 1995 from seafood to retail, Pacific Seafood is the only major processing business without the "grandfather provision ". The resulting situation reverses the normal role grandfathering plays in a community. Instead of the large majority of users meeting the law with the occasional grandfathered exception, in this case the situation is reversed: one company is required to comply with standards not followed by other processing businesses. e2. That the strict application of the provisions of this title would result in practical difficulties or unnecessary hardship; - A processing business must have a waterfront location; availability of such space is intrinsically very limited. Operational and safety requirements for a successful fish processing operation do not allow Borough parking on -site standards to be met on a regular basis. The growth of the business requires movement of large freezer vans, waste dump trucks and forklifts such that parked vehicles must continually be moved to accommodate the functions of the business. Safety is a particular concern during those times when a small area must serve both parking and operational needs; private vehicle parking creates a risk of damage to parked cars and potential for accidents or injury. - There are few if any alternative locations for fish processing in the area, and effectively no option to expand at the current site. Meeting the full parking standards under the existing code means the existing operation will have to be substantially reduced, and also that the opportunity and need for expansion will be precluded. This would result in reduced fish landings and the elimination of permanent full time processing workers. - Even if more on -site parking space was available, enforcement of these parking standards on one business, while not requiring the same rule of other processors, creates a singular and significant hardship and competitive disadvantage for Pacific Seafood. The Pacific Seafood page 3 of 5 Preliminary Variance Application - attachment 7.5.12 Application - Page 5 of 10 Public Hearing Item 7 -A P &Z - September 19, 2012 Borough is in effect practicing spot zoning; burdening a single business with costly requirements not asked of the other comparable businesses just down the street. "3. That the granting of the variance will not result in material damage or prejudice to other properties in the vicinity nor be detrimental to the public's health, safety or general welfare; - If parking issues can be resolved Pacific Seafoods will be able to continue to operate into the future. This would support economic development of the Borough, help support local sport and commercial fishing businesses, make an important contribution to borough tax revenues, and contribute to the overall welfare of the community. - Limited on -site parking, and a reliance on on- street parking, including parking by Pacific Seafoods employees, has been the practice along Shelikof for many years. Allowing this practice to continue will not change the public's health safety and welfare. While continuing on- street parking is workable, it is clear that parking is often tight along the street, impacting businesses and customers. Pacific Seafood would welcome the chance to work with the Borough, the City, and other property owners and businesses to develop a more comprehensive solution to parking issues in the area. Key elements of this larger scale plan might include: • Initial evaluation of parking needs, parking supplies, and parking behaviors • Changed on -site parking standards, so that all businesses have reasonable standards. • Expansion of on- street parking, such as expansion of bulkhead parking across from Sutliffs • New shared off - street parking • A safe, enjoyable walking route for cruise ship visitors and other pedestrians between Pier 2 and downtown. - Pacific Seafood has considered acquiring the adjoining property to the west and renovating this currently unused site. Redeveloping this unused property would create new jobs and business opportunities, and increase local tax revenues. The economics of this purchase do not work, however, without changes in parking standards, and parking demand and supply in the area. r 4. That the granting of the variance will not be contrary to the objectives of the comprehensive plan; - The comprehensive plan places major emphasis on the value and importance of fishing for both the economic health and quality of life in the Borough. Two of several sections of the plan that emphasize the need to support the fishing industry are excerpted below. Gook Support the local commercial fishing industry in their efforts to maintain the economic health of and diversify Kodiak's regional fisheries while managing any potential . environmental impacts from the seafood processing industry. Policies: - Support and help coordinate efforts by the private industry to increase value -added processing in Kodiak. Pacific Seafood page 4 of 5 Preliminary Variance Application - attachment 7.5.12 Application - Page 6 of 10 Public Hearing Item 7 -A 1/4 P &Z - September 19, 2012 - Increase the productivity of the seafood processing plants. including through increasing electrical power utilization/ efficiency and reducing electric power costs. - Support improvements to infrastructure that supports the fishing industry (e.g., cranes and cold storage facilities) to allow local fishing boats to directly market their catch. Goal: Support commercial businesses and areas within the Borough, including in downtown Kodiak. Policies - Plan for land uses, transportation facilities and public improvements in commercial areas in a way that supports the viability of local businesses. - Zone land and coordinate planning in the Kodiak urban area in a way that supports the downtown, as well as other important commercial areas. - Support efforts by local businesses and business organizations throughout the Borough to enhance existing and potential new businesses, particularly in areas that would benefit from economic revitalization. "S. That actions of the applicant did not cause special conditions or financial hardship or inconvenience from which relief is being sought by a variance; and - Pacific Seafood has been carrying out the same fish processing business in this location for I I years. Like all the fish processors in Kodiak, the business has evolved to meet changing market needs, and take advantage of new opportunities, and like most of the other processors along Shelikof, to remain viable and competitive, the business has by steadily expanded. - The alternative to continued growth is visible in the vacant former fish processing business on the adjoining lot — processing business that do not continually reinvest, grow and change are not viable. i6. That granting the variance will not permit a prohibited land use in the district involved. - No change in use is proposed as part of this requested variance. The purpose of the request is to allow the successful continuation of the current use. Pacific Seafood page 5 of 5 Preliminary Variance Application - attachment 7.5.12 Application - Page 7 of 10 • Public Hearing Item 7 -A PAYMENT DATE Kodiak Island Borough p &Z - Septembn 07/05/2012 710 Mill Bay Rd. COLLECTION STATION Kodiak, AK 99615 RECEIPT NO. CASHIER 2013- 00000010 RECEIVED FROM CASHIER Pacific Seafood Cashier DESCRIPTION VARIANCE APPLICATION KIBC 17.195 RAYMENTtCODE•' t RECEATVDESCRIPTIONt • (iTRANSAGTION AMOUNT ' Variance Fee Variance Fee I $250.00 Payments: Type Detail Amount Check 1147249 $250.00 Total Amount: l $250.00 ApPlic l l p 8 of 10 Printed by: Cashier 1 e 1 07/05/2012 02:40:07 PM Public Hearing Item 7 -A P &Z - September 19, 2012 • Sheila Smith From: Chris Beck < Chris @agnewbeck.com> Sent: Thursday, July 05, 2012 11:21 AM To: Duane Dvorak Cc: Bud Cassidy; Sheila Smith; John Whiddon Owhiddon @pacseafood.com) Subject: Work session and Site Visit Attachments: Letter - worksession requestdoc Duane (and Bud, and Sheila) As we've discussed, I'll be coming to Kodiak next Wednesday the I I dh to learn more about parking issues at Pacific Seafood and surrounding areas, and to participate in the Planning Commission Worksession. Attached is a formal letter asking for a brief window of time at the worksession. John will not be able to attend the worksession. I'm also hoping that I could meet with you and Bud to get some background on these issues during that day. Is there a particular time that would be good to schedule? My current plan is to come to your office early Wed AM and review files on adjoining businesses. Our understanding is essentially all the other Shelikof Street fish processors and larger retailers are grandfathered and do not have to meet the parking standards being asked of Pacific Seafood. But I'd like to go through the files and confirm that fact. I intend to spend most of the day walking the area, and I hope visiting with people who know the parking issues. Other than Borough staff, is there anyone you think it would be particularly useful to talk to? We're submitting a variance request later today. As discussed, this is in part a placeholder — a response to the schedule established by the Borough non - compliance complaint fled in June. Were still planning on filing a more fleshed out version by the end of July, to set the stage for a September hearing. The full submittal will take advantage of what I hope to learn while visiting on the I Ith and doing further research over the remainder of the month. The schedule as outlined in our previous emails is excerpted below. Thanks for the assistance. Hope you got a bit of a break on this midweek 4th of July holiday. CBeck Chris Beck principal 441 West Avenue, 9 5 S 202 Anchorage, An Alaska Suite t 907.222.5424 f 907.222.5426 AGNEW w www.agnewbeckcom Hi Chris and John, just to clarify a couple of points below I have highlighted my comments. - -Duane Duane Dvorak, Associate Planner Community Development Department Kodiak Island Borough 710 Mill Bay Road Kodiak, Alaska 99615 i Application - Page 9 of 10 Public Hearing Item 7 -A P &Z - September 19, 2012 (907)486 -9362 ddvorak(a�kodiakak.us From: Chris Beck Jmailto:Chriseacinewbeck.coml Sent: Friday, June 15, 20124:33 PM To: John Whiddon (iwhiddon(o pacseafood.com) Cc: Duane Dvorak; Shanna Zuspan Subject: Response to Parking Compliance Complaint • John, just had the.chance to talk to Duane about a possible schedule regarding parking issues at your property, outlined below. From what I know of your situation, this looks like one good way to go. I'm ccing Duane to make sure I have the process correct. In next several days... send a request through Duane and Sheila for time on the Planning Commission's agenda on July I I th By July 5 - respond to the Borough complaint within 30 days Several options are possible; one would be to file an appealvariance; another simply comply. The recommended alternative would be to file a request for a variance. That filing would meet the requirement for some form of response to the complaint within 30 days, and would relieve the requirement for direct physical compliance (meaning you would not have to remove the offending material from your parking areas while the variance is being reviewed and acted upon.) This variance filed must be substantially different from the earlier proposed variance. The version filed by July 5th could be, in effect, a placeholder, leaving the option to add additional material later, after the July I worksession and my fact finding trip to Kodiak. (Theappeal option closed todas6 the variance is only option available after [his dine.) July I I m - Short worksession with the Planning and Zoning Commission I'd come out to Kodiak for this worksession, and while in town meet with Duane, get.more familiar with the site, etc. At that time I'd also like to better understand the facts surrounding the initial variance request, for example, Duane's count of square feet of building. By August I — File fleshed out Variance Request September (4,4, 19 j) — Hearing with Planning and Zoning Commission (September 12t is thepacket reiiew work session and thepublic :is one week later omthe;l.9th) How does this sound? Duane, is my understanding of this option correct? (and thanks Duane for all the help). Chris 2 Application - Page 10 of 10 Public Hearing Item 7 -A P &Z - September 19, 2012 ' Current Location Request a Variance, per KIBC 317 Shelikof Street 17.195, reducing the required P&Z Case 13 -006 off - street parking from 22 spaces Island Fish Company, LLC/ to 10 spaces, according to Pacific Seafood Kodiak KIBC 17.175.040. 4, 11 2 a N a lotn _ (5, „ti?‘ Ipi TN\ .c5 \ot- OV "tel 4010 d octo si III ,, , n/)1/41?- **VI 16; f y 2 10 X 412 PIS, y A� .55 0 � • �� 301 7 41 �� crO Ao 4 12 ^ �cr 0FFF111�� 5.` d) $52 brb b y 9 � ` 18 ^Q. .\\ A20 . r y O r 49 P 4 ' 319 �4- 19 P �� p 325 3z3 rn 0 '�� 4�0 P. 3bt 0 cJ��\�0F � �ti 510 51\ 4' • k \-\'1' 0 9' Kodiak Island Borough GIS Legend N • r ., .. Feet - I I Subject Parcels W o 170 340 680 O Notification Area i t r t t r t r 1 s S This map was prepared from the Kodiak Island Borough's GIS System- It is provided far the purpose of showing the general location of a property within the Kodiak Island Borough This map does not represent a survey. More Information about the mapping data can be obtained by contacting the Kodiak Island Borough IT Department at (907) 486 -9333 Public Comment - Page 1 of 27 Public Hearing Item 7 -A P &Z - September 19, 2012 • KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 (907) 486-9363 August 7, 2012 Public Hearing Item 7 -A PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, September 19, 2012. The meeting will begin at 6:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska, before the Kodiak island Borough Planning and Zoning Commission, to hear comments if any, on the following request: CASE: 13 -006 APPLICANT: Island Fish Company, LTC/Pacific Seafood Kodiak AGENT: John Whiddon_ General Manager REQUEST: A Variance, per KIBC 17.195, reducing the required off - street parking from 22 spaces to 10 spaces, according to KIBC 17.175.040. LOCATION: 317 Shelikof Street ZONING: 1- Industrial This notice is being sent to you because our records indicate you are a property owner/interested pony in the arca of the request If you do not wish to testify verbally, you may provide your comments in the space below or in a letter to the Community Development Department. Written comments must be received by 5 pm, September 4, 2012 to be considered by the commission. If you would like to fax your comments to us, our fax number is: (907) 486- 9396 or you may email them to ssmith cni,kodiakak.us. If you would like to testify via telephone, please call in your comments during the appropriate public hearing section of the meeting. The local call -in telephone number is 486 -3231. One week prior to the regular meeting, on Wednesday. September 12. 2012, a work session will be held at 6:30 p.ni. in the Kodiak Island Borough Conference Rooni (#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 Same: Mailing Address: Your property description: Comments: Public Comment - Page 2 of 27 Public Hearing Item 7 -A P &Z - September 19, 2012 MARK ANDERSON CRAIG BAKER WILLIAM BISHOP 1124 STELLER WAY P.O. BOX 8514 402 W MARINE WAY STE 300 KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99611 • BJM, LLC JEROME BONGEN LIVING TRUST TONYA M BROCKMAN P.O. BOX 993 PO BOX 392 171 OTTER AVE KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK.99615 LEIF BROCKMAN CITY OF KODIAK KYLE CROW PO BOX 99 P.O. BOX 1397 410 W. REZANOF DR BLACHLY, OR 97412 KODIAK, AK 99615 KODIAK, AK 99615 ANDREW M DAVIS GLENN DICK ELIZABETH FLEMING 2608 JODI CT 11879 MIDDLE BAY DR PO BOX 1068 MARENO VALLEY, CA 97555 KODIAK, AK 99615 KODIAK, AK 99615 MICHAEL HELLIGSO MARGARET HOLM INT'L SEAFOODS OF ALASKA 318 W. REZANOF DR 303 COPE ST. P.O. BOX 2997 KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 ISLAND FISH CO., LLC LESLIE T & MARY A JAMES LELAND JAMES 317 SHELIKOF AVE PO BOX 536 1615 LIEGE DR KODIAK, AK 99615 KODIAK, AK 99615 HENDERSON, NV 89012 CHARLES E & MARILYN JOHNSON DUKE JONES KERRY KEARNS 9310 LUNDEEN RD SW P.O. BOX 1604 PO BOX 8256 ROCHESTER, WA 98579 KODIAK, AK 99615 KODIAK, AK 99615 KODIAK INN HOLDINGS, LLC KODIAK MARINE SUPPLY INC KODIAK RENTAL CENTER, LLC 236 W. REZANOF DR PO BOX 99098 PO BOX 2531 KODIAK, AK 99615 SEATTLE, WA 98199 KODIAK, AK 99615 THOMAS KOUREMETIS ALEXUS KWACHKA ROBERT LACHOWSKY PO BOX 1392 326 COPE ST 315 COPE ST KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 GEORGE LEE JOSHUA LEWIS THOMAS LORAN ETAL 171 OTTER AVE 1120 HUFFMAN RD STE 24 -466 410 SHELIKOF ST KODIAK, AK 99615 ANCHORAGE, AK 99515 KODIAK, AK 99615 Public Comment - Page 3 of 27 Public Hearing Item 7 -A P &Z - September 19, 2012 CHRISTINA LYNCH DIANA MACDONELL MK ENTERPRISES, LLC 11175 LAKE ORBIN DR PO BOX 2730 PO BOX 2338 KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 LANA JANE MONTEIRO MONTE NEDROW PATRICIA OLSEN PO BOX 1072 PO BOX 8983 PO BOX 1014 KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 MICHAEL RESOFF JANE SAUER ALLAN THIELEN PO BOX 911 1436'0" ST 318 W HILLCREST ST KODIAK, AK 99615 ANCHORAGE, AK 99501 KODIAK, AK 99615 NORMAN URSIN SR THOMAS WALTERS CHRISTOPHER WING 1715 W. NICKERSON ST PO BOX 3336 PO BOX 2827 SEATTLE, WA 98119 KODIAK, AK 99615 KODIAK, AK 99615 Public Comment - Page 4 of 27 • Public Hearing Item 7 -A P &Z - September 19, 2012 KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 (907)486 -9363 August 7, 2012 Public Hearing Item 7 -A PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, September 19, 2012. The meeting will begin at 6:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska, before the Kodiak Island Borough Planning and Zoning Commission, to hear comments if any, on the following request CASE: 13 -006 APPLICANT: Island Fish Company, LLC/Pacific Seafood Kodi Vv LS v AGENT: John Whiddon, General Manager REQUEST:. A Variance, per KIBC 17.195, reducing the requ' ff -t pa om J _ -_ -22 -spaces le - 1 0 _ _. ._ spaces, according to - KIBC 17. . -- - - LOCATION: 317 Shelricof Street - ZONING: I - Industrial COMMUNITY DEVELOPMENT DEPARTMENT This notice is being sent to you because our records indicate you are a property ownerrmterested party in the area of the request. If you do not wish to testify verbally, you may provide your comments in the space below or in a letter to the Community Development Department Written comments must he received by 5 Om, September 4. 2012 to be considered by the commission. If you would like to fax your comments to us, our fax number is: (907) 486- 9396 or you may email them to ssmith n.kodiakak.us. If pin would like to testify via telephone, please call in your comments during the appropriate public hearing section of the meeting. The local call -in telephone number is 486 -3231. One week prior to the regular meeting, on Wednesday, September 12, 2012, a work session will be held at 6:30 p.m. in the Kodiak Island Borough Conference Room ( #121), to review the packet material for the case. Kodiak Island Borough Code provides you with specific appeal rights if you disagree with the Commission's decision on this request If you have any questions about the request or your appeal rights, please feel free to call us at 486 -9363. p�� '/ / ,/� �J /J i ) koala D Your Name: (ER W'f/rC`l\ P t /!VU Mailing Addles: (O8 ('7� [ / l�Ir.�ZY % Your property description: 3 O A- 7E e /i1 ! • N / __ /'L•�i'I�lttlj__ /!/J f,1.'i/� �.Tr :'?�l►/:7r7 . L. • 0 t. 1 t- ' I- • •l • ! Seirfigireitterenellri �r'" � . ia f . ! �• � f/ / r� .'/. � � V eSSr i7G. ► II �re7%1'�/rlfs /G �� .i ' e L / ,p . ,r .4. 1! D - •rte rp�r2t) i,i1eo P 11e1 (e /I 1 .1 14 I .Cf I� � e I i -t 14 3 7A. . v4 ' h - L✓! re50 /i^ fC' ' ) � &to- r • / P,rn !=' i e Woof ararzurrrimsrawarter . 7. I� Public Comment - Page 5 of 27 Public Hearing Item 7 -A P &Z - September 19, 2012 ICODLAK ISLAND ]BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 (907) 486-9363 August 7, 2012 Public Hearing Item 7 -A PUBLIC HEARING NOTICE A public hearing will be held on Wednesday; September 19, 2012. The meeting will begin at 6:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska, before the Kodiak Island Borough Planning and Zoning Commission, to hear comments if any, on the following request CASE: 13-006 APPLICANT: Island Fish Company, LLC/Pacific Seafood Kodiak AGENT: John Whiddon, General Manager REQUEST: A Variance, per KIBC 17A95, reducing the required off - street parking from __-. _ - .. _. __ _.. 22- spaces >4 -10 spaces accordhag to-K1BC 177175.040: - - - .. LOCATION: 317 Shelikof Street ZONING: I- Industrial . This notice is being scut to you because our records indicate you are a property owner/interested party in the area of the request If you do not wish to testify verbally, you may provide your comments in the space below or in a letter to the Community Development Department Written comments must be received by 5 pm. September 4, 2012 to De considered bv the commission. if you would like to fax your comments to us, our fax number is: (907) 486- 9396 or you may email them to ssmith{akodiakak.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 -io telephone number is 486 -3231. One week prior to the regular meeting, on Wednesday,. September 12, 2012, a work session will be held at 6:30 p.m. in the Kodiak Island Borough Conference Room ( #121), to review the packet material for the case. Kodiak Island Borough Codc 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: .G ' �4 / )11.14 Mailing Address:., / �/3 q/, 7/44 / r . Your property description: I es / // I Comments: / / • Q�t_Zi .. . /1 ///P /%/ A /,jr,1L ,i zi /dh� flll�e: %L N /�f - Ak r /in' to - r KPr fC 'n / .7,-/ en-r /- �? (/ re/5 A � /. g rr in IK ‘2.15.1* r% / 7 � -er. �% 12n-r� _724 et' f ,,n .-Z //S ' f � w/avir! Alt 77 AA Ile / /4 e /re /6i-e t V J SEP - 4 2012 D • COMMUNITY DEVELOPMENT DFPARTt • Public Comment - Page 6 of 27 Public Hearing Item 7 -A P &Z - September 19, 2012 Sheila Smith • From: John Adams < jadams ©seattlegeneralagency.com> Sent: Monday, August 13, 2012 5:16 PM To: Sheila Smith Cc: John Whiddon Subject: Case 13 -006 Island Seafood Company LLCI Pacific Seafood Kodiak / Variance request Attachments: 2012 -08 -13 180637.pdf Attached is a copy of the Public Hearing Notice. I am John Adams, Personal Representative of the Ursin Estate and responsible for all Estate matters. My office is at 1715 West Nickerson St.; Seattle, WA 98119 Our property is N29A located at 319 Shelikof Street, Kodiak, AK I have no objection to the requested parking variance requested by John Whiddon. John Adams 1715 West Nickerson St Seattle, WA 98119 206 282 -7000 800 724 -4840 Fax 206 283 -1419 Adams- Seagen(a�att.net Jadamsna Seattlegeneralagency.com Public Comment - Page 7 of 27 Public Hearing Item 7 -A • P &Z - September 19, 2012 KODIAK ISLAND BOROUGII COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 (907) 486 -9363 August 7, 2012 Public Hearing Item 7 -A PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, September 19, 2012. The meeting will begin at 6:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska, before the Kodiak Island Borough Planning and Zoning Commission, to hear comments if any, on the following request: CASE: 13 -006 APPLICANT: Island Fish Company, LLC/Pacific Seafood Kodiak AGENT: John Whiddon, General Manager REQUEST: A Variance, per KIBC 17.195, reducing the required off - street parking om • - 22 spaces- I0 spaces to -KIBC 17:175.040: • LOCATION: 317 Shelikof Street ZONING: I- Industrial This notice is being sent to you because our records indicate you are a property owner /interested party in the area of the request. If you do not wish to testify verbally, - ' q y fy y, yov may provide your comments in the space below or in a letter to the Community Development Department. Written comments must be received by 5 pm, September 4, 2012 to be considered by the commission. If you would like to fax your cotpments to us, our fax number is: (907) 486- 9396 or you may email them to ssmith(ilkodiakak.us. If you would like to tesdfy via telephone, please call in your comments during the appropriate public hearing section of the meeting. The local call -in telephone number is 486 -3231. One week prior to the regular meeting. on Wednesday, September 12, 2012, a work session will be held at 6:30•p.m. in the Kodiak Island Borough Conference Room (1'121), to review the packet material for the case. Kodiak Island Borough Code provides you with specific appeal rights if you disagree with the Commission's decision on this request. If you have any questions about the request or your appeal rights, please feel free to call us at 486-9363. �p Your Name: • .4'✓ [J ��u/r llfailinp Address: ?, O / ' / � Q/�. y i . 1 3 Your property description: / 2�%r! S 7 3 7 -- 6 3 6 Comments: { A • is �1�.r ��i -� .• -. � e �� . rte► 1.1 • SEP - 4Z012 th COMMUNITY DEVELOPMENT DEPARTMENT Public Comment - Page 8 of 27 Public Hearing Item 7 -A P &Z - September 19, 2012 KO DIA]K ISLAND BOROUGH C®11�IIJNITY I��EVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 (907)486 -9363 August 7, 2012 Hearing Item 7 -A PUBLIC HEARING NOTICE A public' hearing will be held on Wednesday; September 19, 2012. The meeting will begin at 6:30 p.m: in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska, before the Kodiak island Borough Planning and Zoning Commission, to hear comments if any, on the following request: CASE: 13-006 APPLICANT: Island Fish Company, LLC/Pacific Seafood Kodiak AGENT: John Whiddon, General Manager REQUEST: A Variance, per KIBC 17.195, reducing the required off - street parking f ._ - -_ .. 22 spaces tw -10 spaces acecrding to-KIBC 17- 375.040. LOCATION: 317 Shelikof Street ZONING: I- Industrial This notice is being sent to you because our records indicate you are a property ownedmterested party in the area of the request If you do not wish to testify verbally, you may provide your comments in the space below or in a letter to the Community Development Department. Written comments must be received by 5 pm, September 4. 2012 to be considered by the commission. If you would lute to fax your comments to us, our fax number is: (907) 486- 9396 or you may email them to ssmitheukodiakak.us. If yon would Tike to testify via telephone, please call In your comments during the appropriate public hearing section of the meeting. The local calitin telephone number is 486 -3231. One week prior to the regular meeting, on Wednesday, September 12, 2012, a work session will be held at 6 :30 pm. 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 as at 486-9363. (// " A- S rr C Your tame: ( 7n zt2 n r / �t_ Mailing Address: .3 A�LL ' ' ""^ K Your property desriptioo: 2 EQsJ 3'c a t S Comments: 1 9O N O'T L./ 1 S H To 4t7U'� 77-LE 77-L g s c Z / 1 A-c- c ,-s r «c € rtecrri y 5 .S'tJ f j u a J a cl� P N i t if A-AIy . 7 Nc� uCT_I0J c -uUUip 3E Qt Cj .vr c o i vec,5 ECEDV r J SEP - 42012 i COMMIINITY DFVFIOPMFNT ;DEPARTMENT Public Comment - Page 9 of 27 Public Hearing Item 7 -A P &Z - September 19, 2012 September 1, 2012 To: Kodiak Island Borough Community Development Department Re: Case: 13 006 /Island Fish Company, LLC /Pacific Seafood Kodiak (IFC) From: Engine Room Supply 322 Shelikof Street Suite B Kodiak, AK 99615 We are very concerned about the request to allow a variance, per KIBC 17.195, reducing the required off - street parking from 22 spaces to 10 spaces on Shelikoff Street, and request that the variance be denied for several reasons. There are an insufficient number of parking spaces presently, along this section of Shelikof Street Our employees must park on the street so that customers can park in the spaces provided on the building's property. We rent one of four businesses in this building, with one space available for our customers most of the time. On our side of Shelikof Street, 1 -hour parking is allowed, and on the east side (the boat harbor side) 12 -hour parking is permitted. This means our employees are currently competing with drivers who work at businesses on Shelikof Street for parking. Should this variance be granted, there would be a great deal more congestion than already exists. Reducing the available parking will be a burden to existing businesses with a possible loss of revenue. Customers currently can't always find places to park and do not want to park illegally. They may take their business elsewhere, or online, should fewer spaces be available. This will make a bad situation worse. We would like to suggest that IFC provide shuttle service for its workers to get to and from the job, or incentives to workers who carpool. IFC could also use part of its own property for employee parking. There are solutions, other than granting this variance. Thank you, E IE V E -, Charlie & Laurie Madsen V SEP - 42012 J COMMUNITY DEVELOPMENT DEPARTMENT Delivered electronically Public Comment - Page 10 of 27 Public Hearing Item 7 -A P &Z - September 19, 2012 Downtown Parking I am opposed to any variance allowing a reduction in the required parking spaces. Downtown parking is at a premium. The one hour parking in front of the Harbor Building is abused daily. Retail customers cannot park in front of establishments to do business. The private parking lot assigned to my building is constantly being utilized by Pacific Seafood employees as shown in the photos below. . 4 ' 1 tt .,a+"-,. 1 5` r r - x 4 fi' ''' \ A '3` R Yiw . ' ...,,y "' €C$NF;" 1 }T'. ` Pr�.4Nrl` s l^ AT Harbor Building parking lot utilized by Pacific Seafood's employees. _ i {1 1 SS 11,E it ®�" -';L i • _ ■ .1 Different day, same problem with use of private parking lot. Public Comment - Page 11 of 27 Public Hearing Item 7 -A P &Z - September 19, 2012 +. Ott ,n � • e p er ' { Y . . r _ Same problem different day. s : 1 ' 1 l r �.�. i t P' , \e mfr ti 1 # t om ,. 1 Cannery vehicles in one hour parking. I had to call the city police to get these vehicles to move. My retail customers had no direct access to my retail space. ECLQVE S1 61 o CeCAA (V — UNc A SEP - 42012 J N R.5\AT / \ -z, COMMUNITY DEVELOPMENT DEPARTMENT (its 11 Public Comment - Page 12 of 27 Public Hearing Item 7 -A • P &Z - September 19, 2012 THOMAS LORAN 410 SHE/.IA ST. KODIAK. AK 99615 August 30, 2012 Kodiak Island Borough Community Development Dept. 710 Mill Bay Rd Kodiak, AK 99615 sent via email to ssmith rGkodiakak.us Re: Case # 13 -006 Island Fish Company /Pacific Seafood Kodiak Dear Sirs; I am the owner of lots 19A-1A and 1 9A-2, also known as 410 Shelikof Street. This property is occupied by my company, Alaska Hydraulics, Inc. I am providing comments regarding Mr. Whiddon's request for a parking variance on Shelikof Street. Respectfully, I ask that this request NOT be approved. The parking situation on Shelikof Street is already a huge issue and escalating daily. The street parking is already over stressed. This causes customers of surrounding businesses to utilize niy parking lot. Then, my customers and my employees cannot park in our own lot. Or..ofen have someone double parked behind them so they cannot leave. We have incurred expense in trying to control our parking lot for our customers and employees as well as made some town folk mighty upset when we ask then not lo park in our lot or put a sign on their windshield. Please help us be good neighbors by not tbrcing us to have non- customer vehicles towed. Also, we are trying 10 he a part of the cannery row community, and are trying to get along with our small business neighbors by not chasing their customer's off any more than we have lo. In these tough economic times we should all help our neighboring businesses as much as possible. I spoke with many of our neighbors regarding this issue and they are all having problems and arc sorry that their customers invade our space. Many of them have also incurred expenses and have erployees who have to come to work an hour early just to get a place to park. In addition, the situation has made Shelikof unsafe to drive or walk. Public Comment - Page 13 of 27 Public Hearing Item 7 -A P &Z - September 19, 2012 Our parking lot is the big "Shelikof U =Turn" lhr when people drive up and down the street looking for a parking space. People are pulling in to snake a U -Turn, while we have a customer backing out and maybe a freight truck trying to deliver goods to my company or my neighbors. Many large trucks and delivery companies double park or Klock the road and tie up traffic. There is also a lot of pedestrian traffic and bicycle traffic. I have seen many near misses as many of the pedestrians are not paying attention or not following proper bicycle laws. As this community is already looking into how to make walking on Shelikof Street safer for ferry and cruise ship passengers, the parking situation should be taken in consideration for that effort. Just recently, the Kodiak Brewery moved and their parking space is now filled daily. Possibly this issue should he co- considered with the City government. Designating some parking spaces for a 1 -2 hour maximum, enfhreed by the City, is a possible partial solution. We all appreciate and respect what the canneries /seafood companies mean to this community; however, they need to take some responsibility as well. Find offsite parking with a shuttle perhaps? Thank you. Thomas Loran • attachment • Public Comment - Page 14 of 27 Public Hearing Item 7 -A , P &Z - September 19, 2012 Current Location Request a Variance, per KIBC 317 Shelikof Street 17.195, reducing the required P &Z Case 13 -006 off - street parking from 22 spaces Island Fish Company, LLC/ to 10 spaces, according to Pacific Seafood Kodiak KIBC 17.175.040. IA t" 1 ; 1 •rN - m 5 .'t . ° X i P'mD ° 5,(j (!f '" l 4Yi s d�llEare 7311 §I� dK •2x 5 =5 15 2 2 : }y O r < <' fp ti ry ,.t • ti .. Litt }�. i t �.,�! ' . ` t P ; I V Z x 6 1 xtft:.. ti * p ® ''> 9, • • 1 t 1 Y 1i 1 1 r l: t j a ' . { �y�l, : �j p i -`1u r. S A P ..� ®� 6�yF?Q y e e ii t'„c }0 „,4° �Q, �6 :-, , t f F c " tr `7 CI(t'�i ir 76 P - 't c rp v 0 T P � � - rl x� h• Iy • 1' r �, �, ,' , `O • 5 I >A -tit � ... fix ; ' X17( r , o- a r > I n , r *, u fl In/ III t 18 It A 4 4 x B 4 , p!r (4PS� ..;14.",..”(i. r++ \ 4,, 9 19 l r n n'LD 1 / 2 : { -.1d.) ft?' B 21-- ti ./ .:?,//1;,`E." ,..0, , ti �a t 5x 0 R xq / i z 'n yY .S SE S x l , , a \ ' tl t .'P 3. ^ x t 9 • t- I - ' 1 p s a . , . a N :„ Kodiak Island Borough GIS Legend N ii, C c'. = ''.mj Subject Parcels W _-y E �' 0 170 Feet 340 550 `1' r I 1 l 1 1 mil Notification Area S iM msp wfe veq,p (tom PFn KO a( .(and B,mtrf's 017 Syslorn 9 i proMM 4x the N,Im!e d showrp the general balm of a 7 ...bun the Kuria Wend Owoe t,9. mep does nal 'ot .nl a strvey. Mde Mlo,mabon about No mapping data can be 7Waew4 by tvnMGnp The Kodak Island Faro q1, 11 Depadment at (907)486 9333 Public Comment - Page 15 of 27 09/04/2012 09:50 9074862662 KODIAK MARINE Stt1P�,L PAGE 01/01 Pu blic Hearing Item 7 - P &Z - September 19, 2012 KODIAK MARINE - FAX TELEPHONE SUPPLY a� (907) 4B6.2982 (907) 696 -5752 - - r �- , « � -- �G�', • - 412 SHELIKOF AVENUE KODIAK, AK 99615 Debra Davis, Kodiak Marine Supply Property description: 20A 9/4;12 To: Kodiak Island Borough Planning and Zoning Commission Re: Case 13 -006 There is currently not enough parking along Shelikof Ave. to accommodate the work force in the seafood processing industry. When the processors are working, all parking along Shelikof Ave. is used, from the boat harbor to city dock. Eliminating 12 more off - street parking spaces, as requested by Pacific Seafood Kodiak, will only increase this shortage. Please consider this situation when reviewing this variance request. Thank you. Sincerely, Public Comment - Page 16 of 27 09/04/21312 13:28 425 - -392 -1778 FEDEX OFFICE 517E PAGE 01 Public Hearing Item 7 -A P &Z - September 19, 2012 • KODIA ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mi'i Bay Road, Kodiak. Alaska 99615 (907) 486-9363 August 7, 2012 I i Public Hearing Item 7 -A PUBLIC F IEARING NOTICE 1 A public hearing will be held on Wednesday, September 19, 2012. The meeting will begin at 6:30 p.m. in the Borough Assembly�C,hambers.. 710 Mill Bay Road, Kodiak, Alaska, be e the Kodiak island Borough Planning al d Zoning Commission. to hear comments if on the following request: I — CASE: 13 -006 APPLICANT: Island Fish Company, LLC /Paciflc Seafood Kodiak AGENT: John Whiddon, G lnerai Manager REQUEST: A Variance, per 1 /B.C_ 17.195, reducing_ the.requited.off -sireet_parking fm p _- 22 spaces to 10 spikes, according to KiBC 17.175.040. LOCATION: 317 Shelikof Streth ZONING: I- Industrial = This notice is being sent to you because ourIrr cords indicate you are a property owner/interested party in the area of the request. if you do not wish to testify vc Bally, you may provide your comments in the space below or in a letter to the Community Development Department 'Written comments must be received by 5 pm, September 4, 2012 to he considered by the commission. Ifvo 1 would like to fax your comments to us, our fax number is: (907) 496- 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 bearing section of the meeting. The local call -in telephone number is 486 -3231. One week prior to the regular meeting, on \ ednesday, September 12, 2012, a wort: session will be held at 6:30 pan. to the Kodiak Island Borough Conference R but (#121), to review the packet. material for the case, Kodiak Hand Borough Code provides y i with specific appeal rights if you disagree with the Commissions decision on this request. If you have any grastions about the request or your appeal ri ghts, please feel free to call us at 486 -9363. (( tS L.tils , Vow tinmc:, __{. a, Mailing Address: bje 1 eASONII, Nev. C1 C'o,� Your property description: Lt . 2.0 A' ar t (QA -t uSr7 14311 33c43.3a tP ? \4�`0C M ,_, Comments: I Sep._ A'S AR `. _ _, , ____ I, — I I — t — — Public bomment - Page 17 of 27 05/04/2012 13:28 425 -- 392 -1778 FEDEX OFFICE 5l7 PAGE 82 Pub � earing Item 7 -A P &Z - September 19, 2012 ii.ELAND JAMES 11.5 LIEGE DRIVE HENDERSON, NEVADA 89012 425- 652 -8571 L ela james71 (212yahoo.corn September 2, 2012 Kodiak Island Borough Corhmtroity Development Department 710 Mill Bay Road Kodiak, Alaska 99615 Re: Public Hearing Notice (September 19, 2012) Subject Case: 13 -006, Island Fish Co. Pacific Seafood Kodiak Respondent Location: Lots 120A and 19A -2, 332/334 Shelikof St. Dear Kodiak island Boroughh Planning and Zoning Commission Members: I purchased the NAPA building at 332/ Shelikof St. in 1979. The building was originally build, in 1965 after the quake as the APEC auto parts store. APEC was then, the largest auto parts company in Alaska and had seven state wide locations. The owner was experiencing financial difficulties when I purchased the property. Since that time a number of tenants have occupied the building. A Mr. Dave Handel the current owner of Kodiak Auto Parts stepped up and purchased the business after NAPA decided they wished to leave Kodiak eleven years ago. A4 the property owner and in order to facilitate the new tenant i asked Northern Commercial to relocate their liquor store to give Dave more space. The other half of the building was then serving as a fishing suplply store. Anyone who has ever done business in the area knows that parking is a problem. 1 purchased adjacent vacant land (Lot 19A-2) for additional parking to facilitate my changing tenant needs 12 years ago, giving me parking on both sides of the building, but still not enough for some users, a restaurant for instance, who have to look elsewhere. Public Comment - Page 18 of 27 69/04/2612 13:28 425 -- 392 -1778 FEDEX OFFICE 5176 PAGE 03 Public Hearing Item 7 -A P &Z - September 19, 2012 Having spoken before in front of your commission about a very similar issue a number of years agoiand understanding the problems I recommend the following_ points be considered in your final determination: 1. How many employee$ does Island Fish Co. (iFC) have? 2. How many company vehicles does IFC have? 3. How many and how 111g are the businesses dumpsters? 4. How much parking area serves other uses, fish totes? 5. Where will the service trucks park for deliveries? 6. Where does the ontgc ing trucks park? 7. How much parking is set aside for visitors, handicapped? 8. Others in the area need more parking. 9. How will your decisions affect other business in the area? 10. Are there alternatives? Like purchase of adjacent Ursin site, or shuttle to other private, or public parking areas. We've all worked together in the neighborhood over the years and sometimes we find some businesses growing beyond their boundaries. The Kodiak Brewery is an example and they have recently moved to a larger facility. As an owner/landlord for 33 years i've tried to assist small business make it worthwhile to locate in Kodiak, and remember that I brought my entire life savings , in 1979, to Kodiak and invested in its future. While all businesses need to, justify their existence with profit, it should not come at the expense of other nearby owners and tenants. Thank you for giving the Napa Building owner and tenants an opportunity to voice their concerns. Sincerely, el. 1 '. James Owner /Manager Public Comment - Page 19 of 27 Public Hearing Item 7 -A P &Z - September 19, 2012 KODIAIK ISLAND BORDUG ICI COMMUNITY DEVELOPMENT DEPARTMENT . 710 Mill Bay.Road, Kodiak, Alaska 99615 (907)486 -9363 August 7, 2012 Public Hearing Item 7 -A PUBLIC HEARING NOTICE GI A public hearing will be held on Wednesday, September 19, 2012. The meeting will begin at 6:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska, before the Kodiak Island Borough Planning and Zoning Commission, to hear comments if any, on the following request • CASE: 13 -006 APPLICANT: Island Fish Company, LLC/Pacific Seafood Kodiak AGENT: John Whiddon, General Manager REQUEST: A Variance, per KIBC 17.19 reducing the required off -street parking from 22 spaces lw -10 spaces ; accoiding to-K1BC 17.175.040. -. _ .- -- _ -- ---- LOCATION: 317 Shelikof Street ZONING: 1- Industrial This notice is being sent to you because our records indicate you are a property owner/interested party in the arca of the request. If you do riot wish to testify verbally, you may provide your comments in the space below or in a letter to the Community Development Department Written comments must be received by 5 Dm, September 4. 2012 to be considered by the commission. If you would like to fax your comments to us, mu fax number is: (907) 486- 9396 or you may email them to ssmithrikodiakak.us. If you would like to testify via telephone, please tall in your comments during the appropriate public hearing section of the meeting. The local call-in telephone number is 486 -3231. One week prior to the regular meeting on Wednesday,. September 12, 2012, a work session will be held at 6:30 p.m. in the Kodiak Island Borough Conference Room ( #121), tti'review the packet material for the case. Kodiak Island Borough Code provides you with specifid appeal rights if you disagree with the Commission's decision on this request. If you have rury questions about the request or your appeal rights, please feel free to call us at 486- 9363.- �/ Your Name: M1)/ a h /7d _r L-a / 4 Mailing Address: P ' O. t?o z--/C, 5 Your property description: k Qa t ct e pc- 9g615 comments: T 4 l 1--; l II r',akc S4o' qq Pi nuy'7 na ? OOi iie /1 d 4f a rec. linA{Anr fin, 14 alieguJ1 f 11 N V E t. Ll SEP - 4 2n12 ' • • COMMUNII n1Vn npl4FNT DCISIRTMCNT Public Comment - Page 20 of 27 Public Hearing Item 7 -A P &Z - September 19, 2012 KO DlIAK ISLAND (BOROUGH COMMUNITY DEVELOPMIENT DEPARTMENT 7 10 NiliBay Road, Kodiak, Alaska 99615 (907) 486-9363 August 7, 2012 Public Hearing Item 7 -A PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, September 19, 2012. The meeting will begin at 6:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska, before the Kodiak Island Borough Planning and Zoning Commission, to hear comments if any, on the following request CASE: 13 -006 APPLICANT: Island Fish Company, LLC/Pacific Seafood Kodiak AGENT: John Whiddon, General Manager REQUEST: A Variance, per KIBC,47.195, reducing the required off-street parking �m 22- spaces M-10 spaces, acetrrding to -KIBC 17A 75.040: LOCATION: 317 Shelikof Street ZONING: 1- Industrial This notice is being sent to you because our records indicate you ace a property ownermterested 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 um, September 4, 2012 to be considered br the commission. If you would like to fax your comments to us, our fax number is: (907) 486- 9396 or you may email them to ssinitht1 kodiakak.us. If you would like to testify via telephone, please ®11 in your comments during the appropriate public hearing section of the meeting. The local call-in telephone number is 486 -3231. One week prior to the regular meeting, on Wednesday, September 12, 2012, a work session will be held at 6:30 p.m. in the Kodiak Island Borough Conference Room ( #121), to review the packet material for the case. Kodiak Island Borough Code provides you with specific appeal rights if you disagree with the Commission's decision on this request If you have any questions about the request or your appeal rights, please feel free to call us at 486 -9363. // Your Name: L !7 ✓e e� 07 / / Mailing Address: 7� /d t71/ 5 t /ice �0 Your property' description: dJ es{ /Jersh c sh // CI L q / Comments: ., 1 /.L i Lt1I i' , / ' - A - / rr,- Iw4Nf.' • i 5 //Awl_yelp / -iiaJf /% ✓p ,.,J I/ na' /v .yeti /1 C . _.__.. .. _ _ j l - / � / !,✓t ne d �fiJd� P� <,. �} / � _ .. - L,rrr / hA R (r / 'r-5 01/ O/VL 5 1 sir ra . 1 r n-6 f r rc es Ca I-- pia City c Jn ✓ ai /y GV v lne- // pYJ ikik..r O a / 1 r Y� 0 f+- /"j✓ 1..ir Ade nr (-2✓ AC 44VA �.! 46-73 S5 [— .mow— �(nYf7 bere r,lr, kind - A Le_ SEP - 4 2ukk J 1AMMUNI FY DEVELOPMENT DEPARTMENT Public Comment - Page 21 of 27 Public Hearing. Item 7 -A • P &Z - September 19, 2012 KODIAK ISLAND BOROUGH 'COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 , (907) 486 -9363 August 7;2012 Public Hearing Item 7 -A PUBLIC " HEARING NOTICE A public hearing will be on Wednesday, September 19, 2012. The meeting will begin at 6:30 -p.m: in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska, before the Kodiak Island Borough Planning and Zoning Commission, to hear comments if any, on the following request: CASE: .13 -006 APPLICANT: Island Fish Company, LLC/Pacific Seafood Kodiak AGENT: John Whiddon, General Manager REQUEST: A Variance, per KIBC 17.195, reducing the required off -street parking from : - - - : 2a spaces- st -10spaees according -te403C 173- 75.049 -___. _ _..._... _... .. LOCATION: 317 Shelikof Street • ZONING_ I- Industrial This notice is being sent to you because our records indicate you are a property owner /interested party in the area of the request. If you do not wish to testify verbally, you may provide your wnmieuts in the space below or in a letter to the Community Development Depaitinent.'Written comments must he received by 5 pot. September 4. 2012 to be considered by the comrnisslon.. you would like to fax your comments to.us; our fax number is: (907) 486 9396 Or you may email them to Stmith odiakak.va If you would like to testify vie telephone, please all in your ..- comments during the appropriate public bearing section of the meeting. The total call -le telephone number is 486 -3231. One week prior to the regular meeting, on Wednesday, September 12, 2012, a work session will be held at 6:30 p.m. in the Kodiak Island Borough Conference Reota(#12 I), to teview 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 -9361 / tour Name: WS.< //,J2 1Art/' / .. Mailing Address: /.��(� gij 4N.e Your property description: ✓ 22 5 LZ' c9' - So' w comm.'s: till 5 1/4Ar sNvul 7 . /0,r g.fL i - l4 7 t4e6 Ate /7" 1bYZ4 r°.44-c./- 4' dit 444 5re4t/'/ OA' 777E 61 _ 7 3100 nia- arc/ .Xh� :.. rs 7i r r`FX; - 0 p • Tit s SPs L-S . .i I'.r + ge % i' . _ fL c A . sad 4- P.0 - ..v r✓ - evoi/ / , . y 1:4 ,AC P,�.QC/_✓E 4z?7 cart 7: ,e, girt Ti4 AiamAset Lm r B4— R.J 11[ r P v4'Lfs5 P,# ` � / - / dbA 4,e_ .4P9k%O #2 ,9 S 47-4/ O ,D 77 A' r r �/ er ruolic Comment - Page 22 of 27 Public Hearing Item 7 -A P &Z - September 19, 2012 • ]KODIAK ISEANID BOROUGH COMMUNITY 1EVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 (907) 486-9363 August 7, 2012 Public Hearing Item 7-A PUBLIC 'REARING NOTICE A public hearing will be held on Wednesday, September 19, 2012. The meeting will begin at 6:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska, before the Kodiak Island Borough Planning and Zoning Commission, to hear comments if any, on the following request: CASE: 13 - 006 APPLICANT: Island Fish Company, LLCIPacific Seafood Kodiak AGENT: John Whiddon, General Manager REQUEST: A Variance, per KIBC 17.195,, reducing the required off - street parking from 22 spaces m.10 spaces at :�rding to -KIBC 17:175.040: - - .. - __ - • . - _ - LOCATION: 317 Sheltlwf Street ZONING: I- Industrial This notice is being sent to you because our records indicate you are a property ownerfmtuwted 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 he received by 5 nm, September 4. 2012 to be considered by the commission.dfyou would like to fax your comments to us, our fax number is: (907) 486- 9396 or you may email them to ssmith(Nkodiakak.us. It you would like to testify via telephone, please call in your comments during the appropriate public hearing section of the meeting. The local call-in telephone number is 486 -3231. One week prior to the regular meeting, on Wednesday,. September 12, 2012, a work session will be held at 6:30 p.m. in the Kodiak Island Borough Conference Room ( #121), to review the packet material for the case. Kodiak Island Borough Code provides you with specific appeal rights if you disagree with the Commission's decision on this request. If you have any questions about the request or your appeal rights, please feel free to call us at 486 -9363. Your Name: « ' •O 'v' £T.Nf)6 MailmgAddrtns: -�� e CNEtiico' s Your property description: ATIFT ,- yfri rn_ comment.: Lh/uaR, /J 11 41-RxiclOY to ''7/Croy " 1 0c rArrAs 0.11 . k Ft -)k'oF st 4/17N 6 fl . 1JJ wo44.1 71. � U i SEP - 4 2012 COMMUNITY DEVELOPMENT DEPARTMENT Public Comment - Page 23 of 27 „Public Hearing Item 7 -A CAB �� -lc� /✓�'� j 3 j-23(� Z - September 19, 2012 KODIAK ISLAND BOROUGH[ COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Biy Road, Kodiak, Alaska 99615 (907) 486-9363 August 7, 2012 Public Hearing Item 7 -A PUBLIC HEARING NOTICE . A public hearing will be held on Wednesday, September 19, 2012. The meeting will begin at . 6:30.p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska, before the Kodiak Island Borough Planning and Zoning Commission, to hear comments if any, on the following request CASE: 13-006 APPLICANT: Isl Fish Company, LLC/Pacific Seafood Kodiak AGENT :, John Whlddon, General Manager REQUEST:.. A Variance, per KIBC: J 7.195, reducing the required off -sheet parking from 22 :spaces JQ -10 spaces according to -KIBG 17, 175.040: - - -- LOCATION: 317 Shelikof Sheet ZONING: I- Industrial This notice is being scat to you our records indicate you are a property ownerlmterested party in the area of the request. If you do ribtiwishto testify verbally, you may provide your comments in the space below or in a letter to the Couiinuiut Deyel i4* D,epartment. Written comments must be received by 5 pm, September 4. 2012 to be considered J3Y S ijssion. If you would like to fax your comments to us, our fax number is: (907) 486 - i 9396 or you may email thepr�io ssmith Thkodiakak.us. If yon would Tike to testify via telephone, please call in your comments during the appropriate public hearing section of the meeting. The local telephone number is 486 -3231. One week prior to the regular meeting, on Wednesday, September 12, 2012, a work session will be held at 6:30 p.m. in the Kodiak Island Borough Conference Room 0121), to review the packet material for the case. Kodiak Island .Borough Code provides you withspecific appeal rights if you disagree with the Commission's drxisionon this request. If you have any questions about the request or your appeal rights, please feel free to call us a 4 X363. 3(50 reACASSJ(c bk 1 -� Ott R Sh , � / twatag near: Yo o:ick '{ as KoAd Ai k Your property description: t. comet., We. ,44i 1 . I4ave ORt \y - kb use euR er . eo . 1 - W2 'g - -1 1 5 0 IL?” • • • - di (3stt is tack - vine `}moo F -v 610 v . PC.FIVF� sir - 4 Holz J COOMONITVOEvELOPMEMT Public Comment - Page 24 of-2 Public Hearing Item 7 -A P &Z - September 19, 2012 KODIAIK ISLAND BOROUGH C®MMUMTY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 (907) 486-9363 August 7, 2012 Public Hearing Item 7 -A PUBLIC HEARING NOTICE N A public hearing will be held on Wednesday, September 19, 2012. The meeting will begin at 6:30 p.m- in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska, before the Kodiak Island Borough Planning and Zoning Commission, to hear comments if any, on the following request CASE: 13-006 APPLICANT: Island Fish Company, LLC/Pacific Seafood Kodiak AGENT: John Whiddon, General Manager REQUEST: A Variance, per KIBC 17.195, reducing the required off-street parking from 22- spaces -10 spaces,- according to -K3BC 17.175.040. - .. - . . LOCATION: 317 Shelikof Street ZONING: I- Industrial This notice is being sent to you because our records indicate you are a property ownerfmterested party in the area of the request If you do not wish.to testify verbally, you may provide your comments in the space below or in a letter to the Community Development Department. Written comments must be received bv 5 DM, September 4. 2012 to be considered bv the commission. If you would like to fax your comments to us, our fax number is: (907) 486- 9396 or you may email them to ssmith n.kodiakak.us. If you would like to testify via telephone, please call In your comments during the appropriate public hearing section of the meeting. The local call -in telephone number is 486-3231. One week prior to the regular meeting, on Wednesday, September 12, 2012, a work session will be held at 6:30 p.m. in the Kodiak Island Borough Conference Room ( #121), to review the packet material for the case. Kodiak Island Borough Code provides you with specific appeal rights if you disagree with the Commission's decision on this request If you have any questions about the request or your appeal rights, please feel free to call us at 486 -9363. 7 Your Name: a //. Mailing 14 ailing Address: ei /e) 47. Your property description: .4 /6 ,4' aziZ GS Comments: '% • e t „ . ✓ eL .� fl c m s /tie/1rrf .4 -v.CC 27, t ca 4r ) ,e /ocie -C — ntvJoys ca'S tdee c.2nnunzs -.__ s _.u. . • / C -00. 5 E ir - 5 Erren Z,*s /cn, / N T7/fl.r 4 4L? ,)tc_m y e. 6 - , 6 y,. i . / r ri 47¢ -k- L - . L i :Vern '0 -% s Se. , z-‘24/ - I n+ -.S /37 fait eer7Vflf 20tH C &Qs r$C o.✓ 'air' S7zza .. C . V SFP 49012 COMMIINIIY OFVFI OPMFNT IWPARTMFNT Public Comment - Page 25 of 27 Public Hearing Item 7 -A • P &Z - September 19, 2012 Comments Recieved f a to r D ea dli ne Public Comment - Page 26 of 27 09/05/2012 07:58 FAX Canon Public Hearing Ite d 7-A P &Z - September • o [b "f Ol MK Enterprises, LLC P.O. Bat 2338 Kodiak, AL 99615 Fax 907-486-5553 Phone 907 -486 -5538 Sept. 3, 2012 To: Community Development Dept. Case : 13 -006 As a property owner with in the Public Hearing Notice area we are in favor of granting the variance request for several reasons; the issue of parking on Shelikof St. is less of an issue then 5 -10 years ago. We had grandfathered most canneries and businesses on the off street parking issue in the 80's, the only thing added to increase parking has been the addition of water front parking on the north side of the harbor ramp. As for canneries their employees either car pool, walk, ride bikes or take cabs and I feel they have minimized the impact on parking almost single handedly when you take into account there's probably 4 -600 active cannery workers at any given day along Shelikof. We have businesses which have no off street parking available to them as their building foot print takes up their entire lot, but there grandfathered and a possible parking problem becomes the burden of the few property owners which have room for economic expansion which increases our tax base. I feel we should be allowing the majority of parking to be considered on street for all the businesses along Shelikof St. and if you really look at it, it already is and if it is a problem it is taking care of itself. Again lets work with the remaining property owners which have the ability for expansion because they are in the minority and it is in the best interest of all. Sincerely D IE© E l VE D SEP - 5 2012 .J Kevin Arndt MK Enterprises, LLC COMMUNITY DEVELOPMENT DEPARTMENT Public Comment - Page 27 of 27 Public Hearing Item 7 -A P &Z - September 19, 2012 MEMORANDUM DATE: September 8, 2012 TO: Planning and Zoning Commission FROM: Duane Dvorak, Acting Director, Community Development Department SUBJECT: Information for the September 19, 2012 Regular Meeting CASE: 13 -006 APPLICANT: Island Fish Co., LLC / Pacific Seafood Kodiak AGENT: John Whiddon, General Manager REQUEST: A Variance, per KIBC 17.195, reducing the required off- street parking from 22 spaces to 10 spaces according to KIBC 17.175.040. LOCATION: City Tideland Tracts N29 -B and N26 -B; 317 Shelikof Street ZONING: I- Industrial Forty -two (42) public hearing notices were distributed on August 12, 2012. Date of site visit: September 8, 2012 1. Zoning History: City Tideland Tract 26 -B and Tract 29 -B This area is identified as Industrial use since before the 1968 KIB Comprehensive Plan was adopted. 2. Location: Physical: 317 Shelikof Street Legal: City Tideland Tract 26 -B and 29 -B 3. Lot Size: Both City Tideland Tracts — 1.4 acres total 4. Existing Land Use: Seafood Processing plant (including incidental retail) 5. Surrounding Land Use and Zoning: North: Lots 17, 18 and 20A, Block 3, New Kodiak Subdivision Use: Business Zoning: B- Business Staff Report - Page 1 of 11 Public Hearing Item 7 -A • P &Z - September 19, 2012 South: City Tidelands Use: Vessel tie up, maneuvering Zoning: N/A East: St Herman's Harbor and breakwater Use: Breakwater and Boat Harbor Uplands Zoning: PL- Public Use Land (uplands only) West: Tr. N -29A Use: Processing Plant/ Dock/Warehouse (currently vacant) Zoning: I- Industrial 6. Comprehensive Plan: The 2008 KIB Comprehensive Plan Update depicts this area for Industrial (south side of Shelikof St.) 7. Applicable Regulations: The following sections of Title 17 (Zoning) of the Borough Code and the Kodiak Island Borough Coastal Management Program are applicable to this request: 17.175.040 OFF - STREET PARKING — NUMBER OF SPACES REQUIRED. Industrial or Manufacturing Establishments — 1 per 700 square feet of gross floor area Chapter 17.195 VARIANCES 17.195.010 AUTHORITY AND PURPOSE. The commission shall review and act upon applications for variances. Variances are provided for by this chapter for the purpose of relaxing zoning district requirements in special circumstances. 17.195.020 APPLICATION. An application for a variance may be filed by a property owner or his authorized agent. The application shall be made on a form provided by the community development department and accompanied by the required fee and site plan. All applications shall be available for public inspection. 17.195.030 INVESTIGATION. An investigation of the variance request shall be made and a written report provided to the commission by the community development department. The findings required to be made by the commission shall be specifically addressed in the report. Staff Report - Page 2 of 11 • Public Hearing Item 7 -A P &Z - September 19, 2012 17.195.040 PUBLIC HEARING AND NOTICE. The commission shall hold a public hearing on each properly submitted application for a variance within 50 working days after the date of the next available meeting agenda deadline. The applicant shall be notified of the date of such hearing. The community development department shall send to each owner of property within a minimum distance of 300 feet of the exterior boundary of the lot or parcel of land described in the application, notice of the time and place of the public hearing, a description of the property involved, its street address, and the action requested by the applicant. For the purposes of this chapter, "property owner" means that land owner shown on the latest tax assessment roll. Notice shall also be provided in accordance with state law by legal publication in local newspapers. 17.195.050 APPROVAL OR DENIAL. Within 40 days after the filing of an application, the commission shall render its decision, unless such time limit has been extended by common consent and agreement of the applicant and the commission. A. Approval. If it is the finding of the commission, after consideration of the investigator's report and receipt of testimony at the public hearing, that the use proposed in the application, or under appropriate conditions or restrictions, meets all of the following, the variance shall be granted: 1. That there are exceptional physical circumstances or conditions applicable to the property or to its intended use or development which do not apply generally to other properties in the same land use district; 2. That the strict application of the provisions of this title would result in practical difficulties or unnecessary hardship; 3. That the granting of the variance will not result in material damage or prejudice to other properties in the vicinity nor be detrimental to the public's health, safety or general welfare; 4. That the granting of the variance will not be contrary to the objectives of the comprehensive plan; 5. That actions of the applicant did not cause special conditions or financial hardship or inconvenience from which relief is being sought by a variance; and 6. That granting the variance will not permit a prohibited land use in the district involved. B. Denial. If the commission finds, after consideration of the investigator's report and receipt of testimony at the public hearing, that it cannot make all of the required findings in subsection A of this section it shall deny the variance. 17.195.060 CONDITIONS. The commission, in granting the variance, may establish conditions under which a lot or parcel of land may be used or a building constructed or altered; make requirements as to architecture, height of building or structure, open spaces or parking areas; require conditions of operations of an enterprise; or make any other conditions, requirements or safeguards that it may consider necessary to prevent damage or prejudice to adjacent properties or detrimental to the borough. When necessary, the commission may require guarantees in such form as deemed proper under the circumstances to ensure that the conditions designated will be complied with. Staff Report - Page 3 of 11 Public Hearing Item 7 -A P &Z - September 19, 2012 17.195.070 EFFECTIVE DATE. The decision of the commission to approve or deny a variance shall become final and effective 10 days following such decision. 17.195.080 CANCELLATION. Failure to utilize an approved variance within 12 months after its effective date shall cause its cancellation. 17.195.090 APPEALS. An appeal of the commission's decision to grant or deny a variance may be taken by any person or party aggrieved. Such appeal shall be taken within 10 days of the date of the commission's decision by filing with the board of adjustment through the city or borough clerk a written notice of appeal specifying the grounds thereof. 17.195.100 STAY PENDING APPEAL. An appeal from a decision granting a variance stays the decision appealed from until there is a final decision on the appeal. COMMENTS INTRODUCTION This case has been submitted as the result of a protracted code enforcement proceeding against the subject property. The use of the property has evolved over the years from seasonal custom seafood processing and retail operation to an industrial scale seafood processing plant. As a result of these changes over time, the activity level and storage needs on the site have pushed a great deal of the previously available off - street parking located on the site to on- street parking. In particular, the increase of shift worker parking by those employed on the subject property has contributed to the difficulty of other workers and patrons of the area to find adequate on- street parking in the area. In addition, it has been reported that the reconfiguration of the site with vans in a "loading berth" configuration oriented towards Shelikof Street has further reduced available on- street parking by at least a couple of parking spaces, although staff believes that this loss of public parking falls outside the scope of the variance request and is a matter under the jurisdiction of the City of Kodiak. In fact, the regulation and management of all on- street parking in the City of Kodiak is not regulated by the parking provisions of KIBC Title 17 zoning and does not in any way contribute towards compliance with applicable off - street parking standards. The petitioner has requested to reduce the number of required off - street parking spaces on the site from 22 down to 10. While no site plan /parking plan was submitted with the application, staff observes from the narrative submitted that the 10 spaces resulting from the variance as requested would be equally divided between the existing five (5) loading spaces (typically occupied by shipping containers) and five (5) standard off - street parking spaces (at 9 by 18 feet in size) located at the front of the property. In order to visualize what this might look like, staff has included a copy of Zoning Compliance Permit (ZCP) CZ2012 -79 in that appendix to this case packet. Staff Report - Page 4 of 11 Public Hearing Item 7 -A P &Z - September 19, 2012 Staff has made a several observations from the site plan accepted as part of ZCP CZ2012 -79. First, the site plan only appears to address the number of off - street parking spaces based on a floor area calculation of 14,180 square feet. This worked out to 20.26 off - street parking spaces at one (1) off- street parking space per every 700 square feet. This was rounded up to 21 off - street parking spaces on the permit, however the parking plan shows 22 spaces. It appears then that the variance application was in some sense taken from the parking plan but for the purposes of the variance review staff will consider that the calculated number of REQUIRED off - street parking spaces is 21. Second, the site plan /parking plan submitted for ZCP CZ2012 -79 shows a single driveway cut for access to the site of indeterminate width, but presumably adequate for two way traffic at a minimum width of 24 feet. KIBC 17.175.080.F.1 establishes a maximum driveway width of 32 feet. At the time of conducting the site visit staff observed that the actual driveway width is actually much wider than indicated on the site plan /parking plan. This is due to the modification of the curb and cutter area in front of the van loading spaces designated on the plan. This was apparently permitted by the City of Kodiak public works without any revision to the approved parking plan as shown in ZCP CZ2012 -79. This appears to be another code compliance issue for which a variance may be required in order to achieve relief from parking code compliance. Third, staff notes that the Handicapped - Accessible Parking standards under KIBC 17.175.080.1.1.a would appear to indicate that no (0) accessible spaces are required for parking areas requiring between 1 and 25 off- street parking spaces. As indicated by a note however is a reminder that this provision deviates from the Americans with Disabilities Act (ADA) which requires at least one van accessible off - street parking spaces for all businesses that are required to provide off - street parking generally. Parking Calculations for other Industrial Uses along the Waterfront The petitioner has indicated in the application submittal that other seafood processing plants have benefitted from parking variances over the years. Staff does not typically focus on other properties or uses when considering a variance request. Variances are not intended to be a comparative analysis between one property and another, or many. Staff considers that the "exceptional physical circumstances or conditions applicable to the property or its intended use or development that do not apply generally to other properties in the same land use district ", as limiting the scope of review to the activities and uses existing or proposed on the subject property only. Staff similarly does not consider other variances approved by the commission, whether they were limited by conditions approval or not, to establish a precedent that must be observed in other similar cases. Staff considers that each case is taken on its own merits, turns on its own facts and circumstances, and in many cases may be based on different code standards applied over the years. Prior to 1991, industrial parking requirements were based upon the following standard: Prior KIBC 17.57.020.A.1.j... "Industrial or manufacturing establishment: one parking space for each three employees during the maximum employee shift and one space for each company vehicle." Staff Report - Page 5 of 11 Public Hearing Item 7 -A P &Z - September 19, 2012 After 1991, there were a number of parking calculations for seafood processing plants that were based on an interpretation of the code that broke down the entire operation into it constituent components such as Office, Retail, Processing (Industrial) and Warehouse. This involved a complicated calculation based on floor area diagrams in addition to the requisite parking plan. In addition, these floor plans were quite often subject to change over time as the processing plants evolved to match the needs of the industry. After about 2001, staff began employing the Industrial parking calculation of 1 off- street parking space per every 700 square feet of industrial floor area on the basis that it provided a simple calculation that takes into account the variations of floor area allocations that are typically associated with seafood processing plants. If a plant has leased floor area to another entity or for another use that would a different matter, but the reality is that all industrial uses have a certain amount of office space, warehouse and in some cases incidental retail, in addition to the actual floor space devoted to seafood processing. Prior Variance Case 11 -011 The legal concept of "res judicata" indicates that a matter once decided cannot be requested a second time. In accepting the application for this parking variance staff was cognizant of res judicata, however staff felt that the circumstances of this request were sufficiently differentiated from the request in Case 11 -011 as to constitute a new (different) request. Case 11 -011 was advertised as a variance to reduce required off - street parking from 17 to 10 spaces and to allow two additional parking spaces to be located on another lot with 600 feet. It was during the review of Case 11 -011 that staff became aware of an additional 5,000 square feet of floor area on a second level of the processing plant that had not been accounted for in prior zoning compliance permits. In addition, the parking plan review did not provide any credit for off - street parking represented by the loading spaces, which was an interpretation of the code that has been applied in other seafood processing and commercial parking calculations. Subsequent review of the parking plan by staff during the prior case resulted in a negative recommendation based on a staff analysis that demonstrated a compliant parking plan that was substantially different from the parking plan that was originally tendered by the applicant and upon which relief was requested at that time. The parking plan approved by ZCP CZ2012 -79 is based upon this updated information that was revealed during Variance Case 11 -011 and as a result the variance is not just about the numbers of parking spaces but also about the layout and configuration of those spaces as indicated on the most recent zoning compliance permit. Staff has provided a copy of the definition of res judicata from Black's Law Dictionary in the appendix of this report for commission review. The commission or other entities on appeal can decide for themselves whether the current zoning variance request should be barred by res judicata. Based on the definition, it is not clear to staff whether the commissions quasi - judicial decision in Case 11 -011 constitutes a "judgment rendered Staff Report - Page 6 of 11 Public Hearing Item 7 -A P &Z - September 19, 2012 by a court of competent jurisdiction" or whether staff is sufficiently qualified or authorized by code to make this decision on behalf of the commission to bar a case on the basis of res judicata, or other concepts of law that are not referenced in borough code. Staff therefore is presenting this case as a new (different) case and is providing an analysis based on the standards for variance as provided in KIBC 17.175. FLEXIBILITY OF PLANTS There is a need to recognize that seafood processing plants are flexible in the nature. They are at the whim of the market and marine resource quantity and must respond to a change in either. The type of processing equipment evolves. Some processing plants have gone from canning lines for salmon, crab and shrimp, and from shrimp peelers to modern fish fillet machines. Those changes have required massive changes to the interior layout of processing plants. Facilities have to be able to expand and contract with the market and resource. There is a need for this flexibility in the facility. But our parking standard has changed little in the last 20 years or more. VARIANCE STANDARDS In reviewing a variance request the Commission must find that all six (6) standards of a variance are met. Those standards are: 1. There exist exceptional physical circumstances or conditions applicable to the property or intended use of development, which generally do not apply to other properties in the same land use district. 2. Strict application of the zoning ordinances would result in practical difficulties or unnecessary hardships. 3. The granting of the variance will not result in material damages or prejudice to other properties in the vicinity nor be detrimental to the public's health, safety and welfare. 4. The granting of the variance will not be contrary to the objectives of the Comprehensive Plan. 5. That actions of the applicant did not cause special conditions or financial hardship from which relief is being sought by the variance 6. That the granting of the variance will not permit a prohibited land use in the district involved. The purpose of the variance process intended to allow the development of a reasonable use on lands which may be otherwise disadvantaged due to the physical circumstance of the lot(s) in question. Ultimately it is the Commissions prerogative to determine what "reasonable" development entails, however from the staff perspective in developing variance recommendations, accessory buildings and garage additions are generally considered to be less of an essential need in the context of variance requests. Staff would also note that parking variances are difficult to reconcile with the variance standards because parking is typically a matter over which the land owner has control. When a property owner indicates that their business has outgrown the site they occupy and they wish to convert off- street parking area to a use or structure variance standard number five (5) is usually called into question. Development or growth of a use which typically increases the parking requirement at the same time reducing available parking Staff Report - Page 7 of 11 Public Hearing Item 7 -A P &Z - September 19, 2012 is hard not to consider as an action of the applicant from which relief is being sought by variance. Existing off - street parking that is displaced from a site will reduce the pool of available on- street parking and the Shelikof Street area is known for its limited availability of parking, both on- street and off- street. In the I- Industrial zoning district, where there are no setbacks for waterfront industry and where the maximum building height is unlimited, parking is the only limitation on development. The commission should consider carefully whether the grant of a variance is the only solution to provide relief for a disadvantaged site or whether there are other conforming alternatives that due to cost or other consideration are being disregarded in favor of proposed variance. RECOMMENDATION Staff does not find that all six (6) standards for variance to reduce the parking on City Tideland Tracts N26B and N29B are met by this request and recommends that the commission deny the requested variance to reduce the parking requirement from 21 off - street parking spaces to 10 off - street parking spaces, five (5) of which would be loading berths. APPROPRIATE MOTIONS Should the Commission agree with the staff recommendation, the appropriate motions are: Motions Move to grant a variance, according to KIBC 17.195, to allow a reduction in the number of required off - street parking spaces on City Tideland Tracts N26B and N29B from 21 to 10, in support of a seafood processing (industrial) land use per KIBC 17.175.040. Staff recommends that this motion be denied and the following motion approved: Move to adopt the findings contained in the staff report dated September 8, 2012 as "Findings of Fact" supporting the DENIAL of this request. FINDINGS OF FACT 17.66.050 A.1. Exceptional physical circumstances or conditions applicable to the property or intended use of development, which generally do not apply to other properties in the same land use district. Tracts N29 -B and N26 -B are typical for waterfront lots located along this stretch of Shelikof Street. Together they are rectangular in shape and measure about 1.4 acres total. The tracts, taken together or separately, exceed the minimum lot Staff Report - Page 8 of 11 l T • Public Hearing Item 7 -A P &Z - September 19, 2012 area of 20,000 square feet and lot width of 75 feet that is required for the (- Industrial zoning district. If there is something atypical, it is that the two tracts have been developed with the bulk of building development on tract N29B and Tract N26B has historically provided the parking and maneuvering to support the use on Tract N29B. The more recent use of Tract N26B for outdoor storage, loading berths and other related activities has largely displaced the availability of parking and maneuvering on this tract. The decision by the land owner to displace employee and customer parking in this way however does not rise to the level of an exceptional physical circumstance or condition that would justify the granting of a variance. Historically, the site has been able to provide ample off - street parking in compliance with the parking code without the need for variances or satellite parking arrangements. As noted in the petitioner's application however, it is the increased intensity of the current use for seafood processing and the changes that occur to that industry periodically which has driven the need to maximize the use of the site for seafood processing. The petitioner has not clearly identified exceptional physical circumstances or conditions applicable to City Tidelands Tract N26B and N29B or the intended use of development on same which do not generally apply to other properties in the same land use district. 17.66.050 A.2. Strict application of the zoning ordinances would result in practical difficulties or unnecessary hardships. According to the petitioner, strict application of the parking ordinance would limit the ability of the site to remain competitive with other seafood processing uses in the area. As noted by staff the community has typically recognized the changes to the fishing industry and the limited locations for such uses to occur as justification for some case -by -case relief from parking requirements in the past. That said, suggestions that the parking calculation for seafood processing plants in general needs revision does not justify the grant of a variance. Revision or amendment of zoning codes is a legislative prerogative of the community whereas the request of a variance, as in this case, is a quasi - judicial request to consider individual property rights of a single landowner. There is substantial area on the site which is sufficiently devoid of building development so as to accommodate the required off- street parking. It is only because this area is being used for outdoor storage and industrial activities that the petitioner is unable to provide the parking required by the code. The petitioner has not indicated why at least some of the outdoor storage and equipment could not be relocated to another location off -site Staff Report - Page 9 of 11 Public Hearing Item 7 -A • P &Z - September 19, 2012 It should also be noted that a considerable portion of the waterfront industrial area was originally developed long before the advent of modern parking requirements. Community growth has resulted in a largely "auto- dependent" lifestyle for many residents. The relief requested in this case therefore cannot be based solely on an appeal for equity with other waterfront industrial sites which might look much different if they also were just getting started with development under the current community parking standards. 17.66.050 A.3. The granting of the variance will not result in material damages or prejudice to other properties in the vicinity nor be detrimental to the public's health, safety and welfare. While Variance Standard #1 references a comparison of "physical circumstances" with other lots in the same zoning district, Standard #3 is pertinent to all properties in the vicinity of the subject parcel(s) regardless of zoning or use. In this regard, it must be recognized that there is a substantial lack of parking in the overall area. Many of the business establishments across Shelikof Street are themselves nonconforming due to changing code standards or have themselves been recipients of relief by variance on a case -by -case basis. As a result there are already many nonconforming uses on both sides of the street which are not providing all of the parking required for those uses in this day of auto dependency. While the petitioner has based a substantial argument for the grant of a parking variance on issues of equity with other industrial properties on the waterfront, it is not justifiable to grant equity with other industrial properties at the expense of business properties in the area. Business properties also have workforce parking needs but in many cases also require a certain amount of parking turnover for customer access. This is much different from parking characteristics of seafood processing which typically relies on long shifts and large numbers of employees on site during peak processing times. While the petitioner has indicated that they encourage carpooling and walking to work, there is no evidence presented on the record to say how effective this encouragement is at reducing the number of employees who need to park in the vicinity of Tract N26B and N29B. In addition, the grant of the variance will run with the land in perpetuity and will create an additional burden on for the city to regulate and manage in the Shelikof Street right -of -way. It is prudent therefore to work with property owners to ensure the maximum number of required off - street parking spaces are maintained in the area even if this requires giving the site owner some control and flexibility in the location and layout of the parking plan so long as the minimum parking standards of the code are met. Staff Report - Page 10 of 11 } Public Hearing Item 7 -A P &Z - September 19, 2012 17.66.050 A.4. The granting of the variance will not be contrary to the objectives of the Comprehensive Plan. The grant of a variance would not be contrary or detrimental to the objectives of the Comprehensive Plan with regard to its support for seafood processing uses. The grant of such relief however, should not come at the expense of other general commercial uses in the area, which are similarly encouraged to succeed by comprehensive plan goals and objectives. 17.66.050 A.5. That actions of the applicant did not cause special conditions or financial hardship from which relief is being sought by the variance. The actions of the applicant have caused the special conditions from which relief is being sought by variance. As noted in the staff analysis some of this need may be due to the nature of the industry itself, but it is difficult to assign a value to these structural changes to the industry versus the responsibility of the land owner to control and manage the site layout and utilization. In both Zoning Compliance Permit CZ2012 -79 and prior Variance Case 11 -011 it was demonstrated that there is adequate room for off - street parking to be provided on site if some of the storage on -site could be moved to an alternate location off -site. The actions of the applicant, contrary to the provisions of the approved zoning compliance permit, have resulted in complaints, enforcement action by the borough, and ultimately this variance request. Had the petitioner maintained the site in compliance with approved permits prior to making this request this condition might have otherwise been met. 17.66.050 A.6. That the granting of the variance will not permit a prohibited land use in the district involved. This request is to allow a variance from parking requirements and the grant of such a variance would not permit a prohibited land use in the district involved. • Staff Report - Page 11 of 11 { � 7* Public Hearing Item 7 -A , I ! , P &Z - September 19, 2012 ,• ,'.: RES 1174 1 y E • Res judicata / juwdakeyda /. A matter adjudged; Res accessoria sequitur rem principalem /riyz iek- • I t t I , ` I a thing judicially acted upon or decided; a thing or sasor(i)ya sekwedar prin(t)sapeylam /. The accessory 1 i' I matter settled by judgment. Rule that a final judg- follows the principal. ment rendered by a court of competent jurisdiction � on the merits is conclusive as to the rights of the Resale. Exists where a person who has sold goods or ` !1 ` parties and the ir privies, and as to them constitu other property to a purchaser sells them again to v S . someone else. Sometimes a vendor reserves the i - - an absolute b to a subsequent , action invol ving the right of reselling if the purchaser commits default in j I .. same claim, demand or cause of action. Matchett v. payment of the purchase money, and in some cases ti !. Rose, 36 111.App.3d 638, 344 N.E.2d 770, 779. And to i ' i ' b e a licable, re wires identit in thin sued foss (e . g ., on a sale of perishable articles) the vendor may , 4, ' 1 PG q y g do so without having reserved the right. U.C.C. • t i 5. well as identity of cause of action, of persons and § 2-706 provides the conditions under which a seller - ' ' i [ ,t' parties to action, and of quality in persons for or , has a right of resale on breach by the buyer of the ;'.,; ,i a ,,.,_ against whom claim is made. The sum and sub- sales contract. stance of the whole rule is that a matter once judicial- i -1 ti iM, Term may also refer to act of retailer who pumhas- 1 , 92 is finally decided. Massie R . s a u Ky. 1 ;; • 183, 92 S.W.2d 11, 14. See also Res adjudicate, es goods from manufacturer or wholesaler for pur- supra; and, Collateral estoppel doctrine; Final decision pose of selling such goods in normal course of busi- rule; Issue preclusion. ness. See also Retail; Retailer. r ` Estoppel and res judicata distinguished, see Estop- Resale price maintenance. An agreement between a d i l � Pei. manufacturer and retailer that the latter should not ;i, Res litigioss /riyz latijiyowsay /. In Roman law, resell below a specified minimum price. Until 1976, things which are in litigation; property or rights federal statutes exempted such state - permitted agree - merits from antitrust actions. i , , which constitute the subject- matter of a pending ac- t� it lion. Resceit /nsiyn practice, adion I Res mancipi /riyz rn n(t)sapay /. See Mancipi res. or receiving t /. a. third In old person glish to plead his n right am sit a + .rv� cause formerly commenced between two others; as, { 9 Res mobiles /riyz mwwbaliyz/. In the civil law, mov- in an action {i � i able things; things which may be transported from reversion might come in and pray to be received to t � ( 11 r on by tena for life or years, he in the ' one place to another, without injury to their sub- defend the land, and to plead with the demandant. ', t i stance and form. Things corresponding with the chattels personal of the common law. Resceit of homage /rasiyd av (h)bmaj /. In old English s* S l I.1 law, the lord's receiving homage of his tenant at his $ Res nova /riyz nowve /- A new matter; a new case; - admiparty. ssion To to the declare land. a 1 �, j { { { ppp f I a a q not before decided. t { ',' Rescind. To a ate, annul, avoid, d, or cancel a con- e _ 1 � Res nuilius /riyz nalayas /. The property of nobody. g - 1 } A thing which has no owner, either because a former tract; particularly, nullifying a contract by the act of i , contract void in its inception ! ' I owner has finally abandoned it, or because it has �_ never been appropriated by any person, or because and to put an end to it as though it never were. 1 (in the Roman law) it is not susceptible of private Russell v. Stephens, 191 Wash. 314, 71 P 30 , 31. 5 1 _ Not merely to terminate it and release parties from ` 11, ownership. it further obligations to each other but to abrogate ;'t { Res per domi /riyz peh riyat ddm anow /. A from the beginning and restore parties to relative ' I 44- r' ° i phrase used to express that, when a thing is lost or positions wh they would have occupied had no It .4a destroyed, it lost to the perso who wa s the owner convect ever been made. Sylvania Industrial Corpo- „, of it at the ti ration v. Lilienfeld's Estate, C.C.A.Va., 132 F.2d 887, " ' ( Res private /riyz praveydiy /. In the civil law, things 892. See also Rescission of contract. .f .t1,-- t , the property of one or more individuals. {! Reseissio /nsish(iy)ow /. Lat. In the civil law, an i + Res publics /riyz pdblasiy /. Things belonging to the annulling; avoiding, or making void; abrogation; re- i > -,,1 public; public property; such as the sea, navigable scission. ' tl ,. rivers, highways, etc. i / Rescission of contract. A "rescission” amounts to the 2. , F , Res quotidians /riyz kwowtidiyeyniy /. Every-day unmaking of a contract, or an undoing of it from the i r ; ' matters; familiar points or questions. beginning, and not merely a termination, and it may t r '� •( 1 Res relig /riyz nlijiyewsiy /. Things pertaining be effected by mutual agreement of parties, or by one 'y .��' to religion. In Roman law. especially, burial- places, of the parties declaring rescission of contract without Cr*, r , II - #' which were regarded as sacred. and could not be the consent of other if a legally sufficient ground therefor �f subjects of commerce. Res exists, or by applying to courts for q decree of rescis- P r rp. (° t l sion. Abdallah, . . Inc. v. Martin, 242 Minn. 416, 65 , law, t hings belonging to a community si[atis /riyz yuwnav5rsateyd In the civ- N.W .2d 641 644 Annulling, abrogation of contract and the placing of the parties to it in unmak & .4 { , (as, to a t o a 7 * I , ' " i F 0 law, thi municipality), the use and enjoyment of which, ac- status quo. Sessions v. Meadows, 13 Cal.App.2d 748. f (, cording to their proper purpose, is free to every 57 P.2d 548, 549. It necessarily involves a repudia- ' r - t i i 1 1'1 member of the community, but which cannot be ap- Lion of the contract and a refusal of the moving party 2 t the t to the exclusive use of any individual; to be further bound by it. See also Renunciation; t 1, such s , such as the public buildings, streets, etc. y q Repudiation. , 1,1 T { i ", Res accendent lumina rebus /riyz aksendant l(y)uwmana An action of an equitable nature in which a party ,„ ¢ I P 1 ' riybas /. One thing throws light upon others. seeks to be relieved of his obligations under a con- tr r� 11 ' 1 Appendix - Page 1 of 3 Li aggiatitl J • Public Hearing Item 7 -A P &Z - September 19, 2012 Kodiak Island Borough Print Form I Submit by Email Community Development Department I 710 Mill Bay Rd. 205 111111 11111 I II ` ^.. _«•; aea , mr Kodiak AK 99615 Ph. (907) 486 - 9362 Fax (907) 486 - 9396 19 89 6 http://www.kodiakakus Zoning Compliance Permit Permit No. CZ2012 -79 The following information is to be supplied by the Applicant: Property Owner / Applicant: Island Fish Co. LLC Mailing Address: 317 Shelikof Phone Number: 486 -8575 Other Contact email, etc.: Legal Description: Subdv: ATS Block: 26B Lot: 29B Street Address: 317 Shelikof Use & Size of Existing Structures: Processing Plant with Retail component Description of Proposed Action: Installation of Exterior stairway to second Floor portion of plant. Processing plant is located on two parcels Tract 298 and Tract 26B Site Plan to include: Lot boundaries and existing easements, existing buildings, proposed location of new construction, access points, and vehicular parking oreas. Staff Compliance Review: Current Zoning: Industrial KIBC 17 1 ' PROP ID 14846 Lot Area: 2 Iots at .69 and .75 ac Lot Width: Not Applicable ,.. "' 'Bld'g Height: Not Applicable Front Yard: Not Applicable Rear Yard: Not Applicable Side Yard: Not Applicable Prk'g Plan Rvw? Yes # of Req'd Spaces: 21 Plat / Subdivision Requirements? Does the project involve If YES, do you have an EPA Return Receipt of Notification? N / A - an EPA defined facility? N/A " Permit w not be issued until receipt is submitted to KIR" Appendix - Page 2 of 3 S Public Hearing Item 7 -A P &Z - September 19, 2012 i 51 Kor .5TPEE7 — -- I � P �/ / tr v/* T raw _ c° 3 e /�/ Y . t�1 w �_�l. w � C A.�o 1 Eke !/?7 , g <FM N 7 gas t ,, t. FF 17 1 0 1 , I J m 8 so ' 6RP' 0 X 2/5. 3 67* /77 ------ -_ p ST. PAUL PARBOF2 n Cz —zo¢ 79 Building Square Footage Total = 14,180 4.< _5 Parking Calculation (14,1801700) = 20.26 Parking Spaces Required = 21 (20.26 rounded up) `n / 30 Appendix - Page 3 of 3 /a ihh1 CearlQnC¢ (lLqunf � : Public Hearing Items 7- • .r f 1 ea t Request:A variance Ib allow Da reduction CQ parking from 9F 90 &mu Location off- street parking spaces; Ella KAM C4etiO alternative parking P 8 @am t9 99c099 arrangement aD7 relocating&2®('24)(2E parking spaces from P &W !ILL@ Tracts N26 -B aid N29B, CgiV Tidelands m 39(x, Block New Kodiak Townsite Sub. . try.ra,_ � � ' , Q j 4° 1 � 7, • ^ 11 i • n) 2 6 p ryC� ,1 r O p Q ^ 1 � • 326 � 'u �.Oti O 2 VI -ou o 0 A \ n q,P 3 2 , , �� , 30 1 q1 ^ 1 O 42 8 3 2 y � ry QK_ 18 Q r t se ) • Q 0.16 V• Q' '7 Ago . c i 0 ^ � � ' 3' m a ^ 12 3 1,3 0) 'S / 43 _ N Z A1 A p' Z ` 3ry1 1 t' Itii • Kodiak Island Borough GIS System N .4 >R " / lk W 1 E 0 125 250 500 750 1,000 i • Feet S This map was prepared from the Kodiak Island Borough's GIS System. It is provided for the purpose of showing the general location of a property within the Kodiak Island Borough. This map does not represent a survey. More information about the mapping data can be obtained by contacting the Kodiak Island Borough IT Department at (907) 486-9333. Case No. 11 -011 Introduction Page 1 of 4 Public Hearing Items 7 -B �/ i \O Ck:* 0 6br k .\\ Case No. 11 -011 Introduction Page 2 of 4 Public Hearing Items 7 -5 P ° � = Kodiak Island Borough Zoning Map W ,AtiA. '= Community Development Department N E S @COMMZoning Request: ti allow 0 reduction k 0110 number PO3iC 969 9 required off- street parking spaces from 97 00 9(au an p &wT Review €iuO alternate parking arrangement) ?would allow Mt gam parking spaces mlx relocated from Tracts N26 -8 Elie N29 -8 930419eb Block & Haw Kodiak Townsite Sub. IVA j ��/ • � 0 87 175 350 r �\ �� 9� I r t r Feet r t r lf O a1 2 • rail' � �� s r32� �� t 32 e r 32p e b 3 r \ \32.1\ a V. ,\ q12 ^ ' • v. D \ �� 3 2 30 3 \X 1 ' 3 33A b ,3 ® ^P \�oh o 3 \ C �°'Q' \ cmo 3 1 \2 32 3 c Z P 3 rn Z N 1A 0. \ Z Ogi • Zoning Legend Business _ Light Industrial I I Single Family Residential 1 Retail Business 1 I Rural Residential 2 Conservation 1 Natural Use I 1 Two Family Residential I 1 Rural Residential ;, Split Lot Zone I 1 Industrial 1 I Public Use I Multi Family Residential I I Rural Residential 1 This map was prepared from the Kodiak Island Boroughs 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 Kodak Island Borough IT Department at (907) 486 -9333. Case No. 11 -011 Introduction Page 3 of 4 Public Hearing Items 7 -B 0 s Case No. 11 -011 Introduction Page 4 of 4 c4,ZC- Li KO. F � STR • _ Ru 7i eariu9. Items 7 -B ELLL. T ANSF�MEI' / L N!..tx�MCP ECE ,... ^- . 1 9,.,,,..t ... it: I- -74-ie. . V \'' \ \\., y • 1p \2 //i U(L i N4 u \1 Q Pr^ _. ---r.:- 11� �n19 � 1. 11 Ca Z' / Q t �(� y .i fi t' VAN % ft • M s ' ----"----- �) C ite IF t 1. \ 1 • • 1, n l� BULK r O p ; W J C� �� ° I yr 1 $ h a u i o � � 5E ,1 C . \ Variance Case 11 -011 Revised i �(tA N�� Site Plan /Parking Plan i '\ m O 2 0 J 0 ii • - - i „ 2/5. Os s 67 °/7” 2)I Ile UL MAR a°R I �� \� ;," 10 i1y -op �1 GaSt g3. 1 \011 Apglication Page 1 of 10 710 Mill Bay Rd., Room 205, KODIAK, AK 99615 -6398 (907) 486 -9363 - FAX (907) 48 k 9 9 Mearing Items 7 -6 www.kib.co.kodiak.ak.us • Applicant Information Property Information L I L ie q 6 CAl z —8) 1 `f F, 4_— (K —t3) Property ID Number /s Property owner's name Pel ci //uUtSTrn4r. >s Lt(-- Tv°�fsrllz� - �.�Q N� c � r ;�D,,n / Legal Description Property owner's mailing address 3 / Sk/fct- //4i -/ Current Zoning: , L -I6fir )NOu5112-(ac - l City State Zip >> n te �- Applicable Comprehensive Plan:. A i (O7'7? ?cob emo /S Year of Plan ado 2e 0,3 _ pp Home phone Work Phone E -mail Addr. Present Use of Property: si/ 4-r' l7 //!or X2n t / - 5 ) 5 - 31ohietan Agent's name (If applicable) lac Se4 [f✓ ^ Agent's mailing address J Proposed Use of Property: -(FAQ -t n r il-e_4 ),R/Al City State Zip Home phone Work Phone E -mail Addr. (Note: Use additional sheets, if needed, to provide a complete description of the proposed request.) Applicant Certification I hereby certify as the property owner/authortzed 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 r...- Survey ^ Photographs I i aps _ Other / 3 v Property Owner's Signature Date Authorized Agent's Signature Date 1A development plan for one or more lots on which is shown the existing and proposed conditions of the lot, including topography, vegetation, drainage, flood plains, wetlands, and waterways; landscaping and open spaces; walkways; means of ingress and egress; circulation; utility services; structures and buildings; signs and lighting; berms, buffers, and screening devices; surrounding development; and any other information that reasonably may be required in order that an informed decision can be made by the approving authority. (Source: The New Illustrated Book of Development Definitions, ©1993 by RutgerA tpliversity) STAFF USE ONLY PAYMENT VERIFICATION Code Section(s) Involved: AMC: / 7.t7Cor/D $ obi) Variance (KIBC 17.66.020) 5250.00,- OCT 26 2010. -ill) Fee Schedule: Conditional Use Permit (KIBC 17.67.020.6) $250.0 �{ (per MB Assembly Resolution Other (appearance requests, site plan review, etc.)31f` Borough Eft. July 1, 2005) Zoning change from to (KIBC 1 tea ".' pat¢>r2nt / 2/ Less than 1.75 acres $350.00 1.76 to 5.110 acres $750.011 Application received by: / ( (6 V; 6 / O 5.01 to 40.00 acres 51.000.00 rti ( 40.01 acres urmore 51,500.00 Staff signature / I - 011 Case No. 11 -011 Application Page 2 of 10 Public Hearing Items 7 -8 pat§ seSea ood October 26, 2010 To: Bud Cassidy, Director, Kodiak Island Borough, Department of Community Development From: John Whiddon, General Manager, Pacific Seafood Kodiak Subj: Request for parking variance Ref (a). CZ 2007 -62 Parking plan for P &W Property, 317 Shelikof Street, Kodiak, AK (b). Kodiak Island Borough Code 17.195.050 (c). HIB GIS map of Tracts N29 -B and N26 -B City Tidelands (d). 2008 Kodiak Island Borough Comprehensive Plan (e). KIB GIS map of Lot 18, Block 3, New Kodiak Subdivision, 330 Shelikof Street (1). Proposed revised parking plan under current configuration (g). Proposed revised parking plan under revised configuration The parking plan developed in March 2007 for the P &W Property (Island Seafoods/Pacific Seafood), reference (a) specifies the requirement for 17 parking spaces per Borough code. No additional buildings have been built on the property since 2007, however the property has become congested due to the growth of the business and in order to continue operating safely and efficiently, the number of vehicles and parking spaces remaining on -site should be reduced. I would like to request a variance per reference (b) to our current parking plan to the following: a. Variance to reduce required parking from 17 to 12 spaces (see references f & g) b. Variance or finding to allow the use of the company owned property at 330 Shelikof for two of the 12 spaces (per KIBC 174.175.050) (reference e). Per Reference (a), the following comments apply: 1. "Exceptional physical circumstances or conditions applicable to the property or to its intended use or development which do not apply generally to other properties in the same land use district." The property under consideration (reference c) combines two City Tideland Tracts, N26 -B and N29 -B, both owned by P &W Investments, LLC. Island Seafoods leases the property and operates a 12 month per year seafood processing operation on both tracts. Additionally, the business includes a retail component that primarily operates during the months of May — September. The growth of operations and expansion to a 12 month per year operation has reduced the available parking on site to 15 parking spaces. Even at this level, the pace and scale of operations creates congestion and contributes to an unsafe working environment. Reducing the number of vehicles to 10 on -site with two additional across the street (total of 12 spaces or a net reduction of five spaces) would improve the safety and operational efficiency of the business. The adjacent property at 330 Shelikof (see reference e) is company owned and is currently used as a maintenance shop. Would request a review of required parking spaces for the property to 317 Shelikof Street, Kodiak, AK 99615 (907) 486 -8575 Fax (907) 486 -3007 Case No. 11 -011 Application Page 3 of 10 Public Hearing Items 7 -B v lieSea od determine if two additional parking spaces can be allocated to the total required for the 317 Shelikof Street property, per KIBC 174.175.050. Most seafood processors on Shelikof Street benefit from being "grandfathered -in" and as such, are not required to meet the same off - street parking standards. Additionally, several of the retail business also lack off - street parking which places an additional burden on available street parking. 2. "That the strict application of the provisions of this title would result in practical difficulties or unnecessary hardship": Reference (a) above defines 17 parking spaces which for practical purposes, no longer permanently exist. The growth of the business has necessitated the movement of large freezer vans, waste dump trucks and the movement of forklifts to the extent that parked vehicles must continually be moved to accommodate the functions of the business A reduction by five of the required spaces on the property would eliminate the need to regularly move vehicles and would further eliminate the congestion that currently exists. Without a reduction in the required number of spaces, the business would need to reduce the volume of fish processed which would result in reduced fish landings and the elimination of permanent full time processing workers. Island Seafoods and its parent company, Pacific Seafood Group, has developed new markets for a variety of species, and provided opportunities for fishermen to expand markets and improve competition in the marketplace. Shrinking the business at this time would disadvantage fishermen and adversely impact the competitive position of the business. 3. "That the granting of the variance will not result in material damage or prejudice to the other properties in the vicinity nor be detrimental to the public's health, safety or general welfare:" The granting of the variance will not result in any material damage to other properties in the vicinity. It will, however, improve the safety and general welfare of fishermen and customers who frequent the business. Island Seafoods was recently awarded the SHARP Award by the State of Alaska AKOSH in recognition of its achievements in workplace safety. Our goal is to continue to operate in a safe manner for employees, fishermen and customers. It is recognized that parking on Shelikof Street can, at times, be very limited and the additional over flow of parking onto Shelikof Street will further impact the available parking. To address this matter, Island Seafoods/Pacific Seafood, is taking the following steps to mitigate the impact on Shelikof Street parking: a. encourage car pooling by employees to reduce the number of vehicles driven to work b. although a long term project, obtain additional space or property to provide the required parking c. will investigate financial viability of purchasing and operating a company van to transport employees to and from work 4. "That the granting of the variance will not be contrary to the objectives of the comprehensive plan," There are no specific references contained within the 2008 Comprehensive Plan, 317 Shelikof Street, Kodiak, AK 99615 (907) 486 -8575 Fax (907) 486 -3007 Case No. 11 -011 Application Page 4 of 10 Public Hearing Items 7 -B ( Paa eSea Ood reference (d),that pertain to parking. However, the intent and purpose of the parking requirement is clearly understood. Every effort will be made to adhere to the requirements as outlined by the Community Development Department. 5. "That actions of the applicant did not cause special conditions or financial hardship or inconvenience from which relief is being sought by a variance; " To a certain extent, the growth of the business over the past three years has created special conditions in that the business has expanded beyond the original plans and scope. Island Seafoods has taken on three trawl boats which has significantly increased the volume of seafood being processed at the facility. This business growth is actually natural expansion resulting from the ownership by our parent company, Pacific Seafood Group, in Portland, Oregon. The company has developed markets for flatfish, halibut, salmon, cod and rockfish and the trawl vessels are necessary to provide the raw materials for these markets. The special conditions mentioned in #5 above, pertain to safety of operations that have been impacted by the growth of production at the facility. The primary goal of the variance beyond the need to meet Borough requirements is to improve the safety at the plant. 6. "That granting a variance will not permit a prohibited land use in the district involved." The proposed variance will not result in a prohibited land use. In summary, this variance request stems from the natural growth and expansion of the business, which in turn is now constrained by the limited space of the property. Granting this variance (or variances) would improve the overall safety of the operation while having a minimal impact on the Shelikof Street parking. Having a healthy seafood industry is imperative to the economic growth and development of our community, so I would strongly encourage the P &Z Board to favorably consider this request. It is anticipated that the company will eventually need to expand again, so future growth and expansion will require the company to either relocate or acquire additional property to meet both the company needs and to remain in compliance with the respective Borough codes and ordinances. I would be available at any time to discuss this request further, either on -site or at hearing or public meeting. Feel free to contact me at the number below or via email at jwhiddon @pacseafood.com. Respectfully John Whiddon General Manager Pacific Seafood Kodiak 317 Shelikof Street, Kodiak, AK 99615 (907) 486 -8575 Fax (907) 486 -3007 Case No. 11 -011 Application Page 5 of 10 Public Hearing I ms 7 -13 5"gl IKOF ' STREET filliiiii". PO ' Ao ..o . Ili _- ` 1 J. <S . Zo. .o 'L i AZ/Pft4, �'�, 8'i/ 4. �tifitz�O, z a U a. N n �jL�ffO • ( � m Gy' J . w � — • Z ��L rte.,r O D m 1' ALL'~ >n o 5 W Z • � L pr.XNi.o tu5 S W • \j; PL.‘ �" / �_ A �Y�(• r -.sa - W/ RaoP v A' � 3��5 Z a H. II 3 i ° \ , pp �' KEG vp,.-- .K,IrX1 APP " - _ ? cl, p iL._ 1- .'I d'''' 1 aL. It 1¢' l5 f `r" 1 x LoA -0A1 1 A.R 2/5.O •4 67 17' /0' W sr PAUL NA RSOR PL'I -p -/°1 -11� - ¢`750 lmn ■..� P. ;sc ` � / l�z / \ y 3/L J �� E / '1 /<J - 5ro.�n•rt, <.J /iii ra=n �3 _ 5957 — 1 V 1 ,� 3 4 _cam ( Case No. 11 -011 Application Page 6 of 10 '10/10/12 4:23 AM _ Public Hearing !ferns 7 -B 1 1 . 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( ems. to ' su. 1, vx roel ♦ / _s r s m 10/25/2010 http: / /gis.kodiakak.us /KIB/ '10110125 8:45 PM Public Hearing Items 7 -B SHELIKOF STREET 4 55 ft ► 10 ft I. 15 ft 4 1 2 Retail / 41 ft Bottom 1 Power Fish 16 ft Loading Dock House Processing Ramp and landing 7 ft 5 6 Sport Fish Van M in Processing 7 Bait Van 8 9 Bait Van 72 ft 10 Case up Area Bait Van Sorting Line Ice Plant 45 f1 ► 4— Sea Wall main Dock Old Dock Case No. 11-011 Application Page 10 of 10 PQ lez(ec- ( ) Public Hearing Items 7 -B KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 (907) 486-9363 November 3, 2010 Public Hearing Item 7 -3 PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, December 15, 2010. The meeting will begin at 7:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska, before the Kodiak Island Borough Planning and Zoning Commission, to hear comments if any, on the following request: CASE: 11 -011 APPLICANT: P &W Investments, LLC (Island Seafoods) AGENT: John Whiddon REQUEST: A Variance, according to KIBC 17.195, to allow a reduction in the number of required off - street parking spaces from 17 to 10, in support of a seafood processing (industrial) land use per KIBC 17.175.040; and, Review of an alternative parking arrangement, according to KIBC 17.175.050 to allow the provision of up to two (2) off-street parking spaces on a noncontiguous lot located within 600 feet of the seafood processing plant to supplement the 10 spaces proposed in the variance request above. LOCATION: City Tideland Tracts N29 -B and N26 -B (Seafood Processing Plant) 317 Shelikof Street & Lot 18, Block 3, New Kodiak Subdivision (Alternative Parking Site) 330 Shelikof Street ZONING: I- Industrial (317 Shelikot) & B- Business (330 Shelikof) This notice is being sent to you because our records indicate you are a property owner /interested party in the area of the request. If you do not wish to testify verbally, you may provide your comments in the space below, or in a letter to the Community Development Department. Written comments must be received by 5 pm, November30, 2010 to be considered by the commission. If you would like to fax your comments to us, our fax number is: (907) 486- 9396. If you would like to testify via telephone, please call in your comments during the appropriate public hearing section of the meeting. The local call -in telephone number is 486 -3231. The toll free telephone number is 1- 800 -478 -5736. One week prior to the regular meeting. on Wednesday, December 8, 2010, a work session will be held at 5:30 p.m. in the Kodiak Island Borough Conference Room ( #121), to review the packet material for the case. Kodiak Island Borough Code provides you with specific appeal rights if you disagree with the Commissions decision on this request. If you have any questions about the request or your appeal rights, please feel free to call us at 486 -9363. Your Name: Mailing Address: Your property description: Comments: Case 11 -011 Public Comment Page 1 of 6 Public Hearing Items 7 -B Request a Variance, according to KIBC 17.195, to allow a reduction Current Location in the number of required off- street parking spaces from 17 to 10, 317 & 330 Shelikof St. in support of a seafood processing (industrial) land use per KIBC P & Z Case 7 -B 17.175.040; and, P &W Investments, LLC Review of an alternative parking arrangement, according to KIBC 17.175.050 to allow the provision of up to two (2) off - street parking Island Seafoods spaces on a noncontiguous lot located within 600 feet of the seafood processing plant to supplement the 10 spaces proposed in the variance request above. 0 0 10 'A zo: v., . . 01/4 . o� 9 • Ire% 220 41/4 2 02 4 Ir . ,..,.. Or 0% ,o o�33. &. a7 0 ,4****ltsits.c ..'53 3 A2 0 B\30 )\ 1 ; . * . . '''' .. ' 52 > ° Kodiak Island Borough GIS Legend N Feet 1 1 ' Subject Parcels W E 173k": Itecrt 0 170 340 &Bo Notification Area t 1 r 1 t 1 1 1 S This map was prepared from the Kodiak Island Borough's GIS System. It is provided for the purpose of showing the general location of a property within the Kodiak Island Borough. This map does not represent a survey. More information about the mapping data can be obtained by contacting the Kodiak Island Borough IT Department at (907) 486 -9333. Case 11 -011 Public Comment Page 2 of 6 • Public Hearing Items 7 -B • FRANCIS COSTELLO CITY OF KODIAK JEFFREY JOHNSON PO BOX 4451 P.O. BOX 1397 211 W. HILLCREST ST KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 JOYCE GREGORY JOHN JOHNSON VICTOR DOWNING 215 W. HILLCREST ST 236 W REZANOF DR 217 W. HILLCREST ST KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 JEROME BONGEN LIVING TRUST CHRISTINA LYNCH JOHN JOHNSON PO BOX 3523 11175 LAKE ORBIN DR 236 W REZANOF DR KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 MARY MONROE LIVING TRUST PATRICIA OLSEN LESLIE T JAMES 308 COPE ST P 0 BOX 1014 PO BOX 536 KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 DUKE JONES ALLAN TI-HELEN DIANA MACDONELL P.O. BOX 1604 318 W HILLCREST ST PO BOX 4302 KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 TONYA M BROCKMAN JANE SAUER KERRY KEARNS 171 OTTER AVE 1436'0' ST PO BOX 8256 KODIAK, AK 99615 ANCHORAGE, AK 99501 KODIAK, AK 99615 ROBERT LACHOWSKY LESLIE JAMES 318 COPE ST 315 COPE ST P 0 BOX 536 KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 ALEXUS KWACHKA CRAIG BAKER MARGARET HOLM 326 COPE ST. P.O. BOX 8514 303 COPE ST. KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 THOMAS WALTERS RUSSELL WELBORN REV LIVING STEPHANIE ZA \VICKI P.O. BOX 3336 TRST 18991 E. MOYEN RUELLE COURT KODIAK, AK 99615 505 38TH ST PALMER, AK 99645 ANACORTES, WA 98221 SUSAN JEFFREY MONTE NEDROW KURT R ERIKSSON PO. BOX 3363 P 0 BOX 8983 PO BOX 1552 KODIAK, AK 99615 KODIAK, AK 99615 SOLDOTNA, AK 99669 H -Olt Case 11 -011 Public Comment Page 3 of 6 Public Hearing Items 7 -B MONTE NEDROW GLENN DICK THOMAS KOUREMETIS PO BOX 8983 11879 MIDDLE BAY DR PO BOX 1392 KODIAK, AK 99615 • KODIAK, AK 99615 KODIAK, AK 99615 MICHAEL RESOFF JOSHUA LEWIS GLENN DICK PO BOX 911 P 0 BOX 456 11879 MIDDLE BAY DR KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 MICHAEL HELLIGSO WILLIAM BISHOP LEIF BROCKMAN 318 W. REZANOF DR 302 MARINE WAY PO BOX 99 KODIAK, AK 99615 KODIAK, AK 99615 BLACHLY, OR 97412 MARK ANDERSON KYLE CROW LANA JANE MONTEIRO 1124 STELLER WAY PO BOX 6103 PO BOX 1072 KODIAK, AK 99615 SITKA, AK 99835 KODIAK, AK 99615 CHRISTOPHER WING TOM KOUREMETIS ISLAND FISH CO., LLC PO BOX 2827 PO BOX 1392 317 SHELIKOF ST KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 LELAND JAMES LANA MONTEIRO THOMAS LORAN ETAL 4635 - 194TH AVE SE PO BOX 1072 410 SHELIKOF ST ISSAQUAH, \VA 98027 KODIAK, AK 99615 KODIAK, AK 99615 P & W INVESTMENTS LLC KODIAK MARINE SUPPLY INC NORMAN URSIN SR 317 SHELIKOF ST PO BOX 99098 1715 W. NICKERSON ST KODIAK, AK 99615 SEATTLE, WA 98199 SEATTLE, WA 98119 INTL SEAFOODS OF ALASKA BJM, LLC P.O. BOX 2997 P.O. BOX 4174 KODIAK, AK 99615 KODIAK, AK 99615 Case 11 -011 Public Comment Page 4 of 6 Nov 3010 04:56p Chris and Gretchen Wing 9074860098 Public HearingRtgms 7 - KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 7111 Mill Bay Road. Kodiak..Aiaska 99615 1907) 486 - 9363 No\embcr3, 20113 Public kteating Item 7 -13 PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, December 15, 2010. The meeting will begin at 7:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska, befnrc thc Kodiak l.sland Borough Planning and Zoning Commission. to hear comments if any. on the following request: CASE: 11 -011 APPLICANT: P &W Investments. LLC I Island Seafoods) AGENT: John Whiddon REQUEST: A Variance, according to KIBC 17.195. to allots• a reduction in the number of required off-street parking spaces from 17 to 10, in support of a seafood processing {industrial) land use per KIBC 17.175.040: and, Rcvicw of an alternative parking arrangement, according to KIBC 17.175.050 to allow thc provision of up to two (2) off - street parking spaces on a noncontiguous lot located within 600 feet of the seafood processing plant to supplement the l0 spaces proposed in the variance request above. LOCATION: City Tideland Tracts N29 -B and N26 -B (Seafood Processing Plant) 317 Shelikof Street & Lot 18. Block 3, New Kodiak Subdivision (Alternative Parking Sitc) 330 Shclikof Street ZONING: I- Industrial (317 Shclikof) & B- Business (330 Shclikof) This notice is being sent to you because our records indicate you are property ow•neriinteresled 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 its a letter to the Community Development Department. Writ comrucn!t. ill :c>: :Tent In 5 oru. N' emla•r5b. 3 :il d to ii. ct a'irzirred <\v the ti'unnri;_on. I f you would like to fax your comments to us, our fax number is: (907) 486- 9396. If you would like to testify Aia telephone, please call in your comments during the appropriate public hearing section of the meeting. The local call -in telephone number is 486-3231. The toll fret telephone number is 1- 8004784736. One week prior to the regular meeting, on Wednesday, December 8. 2010, a work session will be held at 5:30 p.nt. in the Kodiak Island Borough ('iference Room (41211. to review the packet material for the case. Kodiak Island Borough ('ode provides you with specific appeal rights if you disagree with the Commission's decision on this request. If you have any questions abort the request or your appeal rights, please feel free to call us at 486-9363. 1 - our amr: SafaF W -k � ny MajH Adtlr V • ¢ .- . Your properly at>eri rim,. J - Sr'.1 / / Q - , ('n / tins: Ar r O 4 • , - E • - r /'. • • . f i If - h ._ I ! f ff 5 i.✓ ♦ / n g on a �. • � L �� a � s • - one- t1�1 t mains /. •7 • - /.'i��Jr «%r�fff e_.. 14, [ ' eta �/ . _ e e I J 6/ i J I i , KS . ial • rr '/r Ce a f 4 t ' f_ � ' r rJr/ 4 11 G' ar T .v le. ! O J' Y cotes t 1 . 1 • V4il`$�G2� wn�l ' ff re. / . • Case 11 -011 Public Comment Page 5 of 6 Public Hearing Items 7 -B c kt* • ; : C • O" 0 \V ^\ Case 11 -011 Public Comment Page 6 of 6 Public Hearing Items 7 -B MEMORANDUM DATE: November 29, 2010 TO: Planning and Zoning Commission FROM: Bud Cassidy, Director, Community Development Department SUBJECT: Information for the December 15, 2010 Regular Meeting CASE: f 11 -011 APPLICANT: P &W Investments, LLC (Island Seafoods) REQUEST: A Variance, according to KIBC 17.195, to allow a reduction in the number of required off - street parking spaces from 17 to 10, in support of a seafood processing (industrial) and use per KIBC 17.175,040; and, Review of an alternative parking arrangement, according to KIBC 17.175.050 to allow the provision of up to two (2) off - street parking spaces on a noncontiguous lot located within 600 feet of the seafood processing plant to supplement the 10 spaces proposed in the variance request above. LOCATION: City Tideland Tracts N29 -B and N26 -B (Seafood Processing Plant) 317 Shelikof Street & Lot 18, Block 3, New Kodiak Subdivision (Alternative Parking Site) 330 Shelikof Street ZONING: I- Industrial and B- Business Sixty (60) public hearing notices were distributed on February 19, 2010. Date of site visit: November 19, 2010 1. Zoning History: City Tideland Tract 26 -B and Tract 29 -B This area is identified as Industrial use since before the 1968 KIB Comprehensive Plan was adopted. Lot 18, BK 3 New Kodiak The north side of Shelikof Street was zoned B- Business and designated Central Business District in the 1968 Borough Comprehensive Plan, and the original platting there predates current parking regulations. Case No. 11 -011' aft Rpt Page 1114 Public Hearing Items 7 -B 2. Location: Physical: 317 and 330 Shelikof Street Legal: City Tideland Tract 26 -B and 29 -B & Lot 18, Bk 3 New Kodiak Subd. 3. Lot Size: Both City Tideland Tracts — 1.4 ac & Business lot - 4570 s.f. 4. Existing Land Use:Seafood Processing plant (including incidental retail) & machine shop 5. Surrounding Land Use and Zoning: North: Various Lots Use: Business Zoning: B- Business South: City Tidelands Use: Vessel tie up, maneuvering Zoning: N/A East: St Herman's Harbor and breakwater Use: Breakwater and Boat Harbor Zoning: N/A West: Tr. N -29A Use: Vacant Processing Plant/ Docks/Warehouses Zoning: I- Industrial 6. Comprehensive Plan: The 2008 KIB Comprehensive Plan Update depicts this area Business (north side of Shelikof) and Industrial (south side of Shelikof St.) 7. Applicable Regulations: The following sections of Title 17 (Zoning) of the Borough Code and the Kodiak Island Borough Coastal Management Program are applicable to this request: 17.175.040 OFF - STREET PARKING — NUMBER OF SPACES REQUIRED. City Tideland Tracts Industrial or Manufacturing Establishments — 1 per 700 square feet of gross floor area Lot 18, Block 3 C. In all cases, a minimum of three spaces shall be required for each principal use in a building. Case No. 11 -011 Staff Rpt Page 2 of 14 Public Hearing Items 7 -B 17.175.050 OFF - STREET PARKING — LOCATION. All parking spaces required under KIBC 17.175.040 shall be on the same lot as, or any contiguous lot in common ownership as, the principal building or use that they serve; provided, that if the commission finds that it is impractical to locate the spaces on such a lot, it may permit them to be located on any lot within 600 feet of the principal building or use. The lot must be in common ownership or a long -term easement, license, or permit for use of the alternative parking shall be secured. All parking spaces required under KIBC 17.175.040 shall be located in a use district permitting the use which they serve. [Ord. 90 -45 §2, 1991. Formerly §17.57.050]. Chapter 17.195 VARIANCES 17.195.010 AUTHORITY AND PURPOSE. The commission shall review and act upon applications for variances. Variances are provided for by this chapter for the purpose of relaxing zoning district requirements in special circumstances. 17.195.020 APPLICATION. An application for a variance may be filed by a property owner or his authorized agent. The application shall be made on a form provided by the community development department and accompanied by the required fee and site plan. All applications shall be available for public inspection. 17.195.030 INVESTIGATION. • An investigation of the variance request shall be made and a written report provided to the commission by the community development department. The findings required to be made by the commission shall be specifically addressed in the report. 17,195.040 PUBLIC HEARING AND NOTICE. The commission shall hold a public hearing on each properly submitted application for a variance within 50 working days after the date of the next available meeting agenda deadline. The applicant shall be notified of the date of such hearing. The community development department shall send to each owner of property within a minimum distance of 300 feet of the exterior boundary of the lot or parcel of land described in the application, notice of the time and place of the public hearing, a description of the property involved, its street address, and the action requested by the applicant. For the purposes of this chapter, "property owner" means that land owner shown on the latest tax assessment roll. Notice shall also be provided in accordance with state law by legal publication in local newspapers. 17.195.050 APPROVAL OR DENIAL. Within 40 days after the filing of an application, the commission shall render its decision, unless such time limit has been extended by common consent and agreement of the applicant and the commission. Case No. 11 -011 Staff Rpt Page 3 of 14 ) ✓0 Public Hearing Items 7 -B A. Approval. If it is the finding of the commission, after consideration of the investigator's report and receipt of testimony at the public hearing, that the use proposed in the application, or under appropriate conditions or restrictions, meets all of the following, the variance shall be granted: 1. That there are exceptional physical circumstances or conditions applicable to the property or to its intended use or development which do not apply generally to other properties in the same land use district; 2. That the strict application of the provisions of this title would result in practical difficulties or unnecessary hardship; 3. That the granting of the variance will not result in material damage or prejudice to other properties in the vicinity nor be detrimental to the public's health, safety or general welfare; 4. That the granting of the variance will not be contrary to the objectives of the comprehensive plan; 5. That actions of the applicant did not cause special conditions or financial hardship or inconvenience from which relief is being sought by a variance; and 6. That granting the variance will not permit a prohibited land use in the district involved. B. Denial. If the commission finds, after consideration of the investigator's report and receipt of testimony at the public hearing, that it cannot make all of the required findings in subsection A of this section it shall deny the variance. 17.195.060 CONDITIONS. The commission, in granting the variance, may establish conditions under which a lot or parcel of land may be used or a building constructed or altered; make requirements as to architecture, height of building or structure, open spaces or parking areas; require conditions of operations of an enterprise; or make any other conditions, requirements or safeguards that it may consider necessary to prevent damage or prejudice to adjacent properties or detrimental to the borough. When necessary, the commission may require guarantees in such form as deemed proper under the circumstances to ensure that the conditions designated will be complied with. 17.195.070 EFFECTIVE DATE. The decision of the commission to approve or deny a variance shall become final and effective 10 days following such decision. 17.195.080 CANCELLATION. Failure to utilize an approved variance within 12 months after its effective date shall cause its cancellation. 17.195.090 APPEALS. An appeal of the commission's decision to grant or deny a variance may be taken by any person or party aggrieved. Such appeal shall be taken within 10 days of the date of the commission's decision by filing with the board of adjustment through the city or borough clerk a written notice of appeal specifying the grounds thereof. Case No 11 -011 Staff Rpt Page 4 of 14 Public Hearing Items 7 -B 17.195.100 STAY PENDING APPEAL. An appeal from a decision granting a variance stays the decision appealed from until there is a final decision on the appeal. Coastal Management Applicable Policies 4.4 Enforceable Policies B. Coastal Development Policy B -1: Multiple Use a. Structures or dredged or fill material placed in coastal waters shall be designed to minimize the need for duplicative facilities. Consistency: , . Not Applicable., No dredge or fill :work is pl'anned(for this development! b. This policy is established for the Coastal Development standard (11 AAC 112.200) subject use. It applies to all uses and activities related to siting of facilities in or adjacent to coastal waters and placement of dredged or fill material into coastal waters. Consistency: Not Applicable.,,,This site is notlocatedin or adjacentto'coastal waters! Policy B -3: Dredge and Fill Activities a. An applicant for a project that will place structures or discharge dredge or fill material into coastal waters must include in the project description measures that will limit the extent of direct disturbance to as small an area as possible. Consistency:.. Not Applicable ;The project: Will not place a. structure or discharge' dredge or filrmaterial into coastal watersr b. This policy is established for the Coastal Development standard (11 AAC 112.200) subject use. It applies to all uses and activities related to placement of structures in or adjacent to coastal waters and placement of dredged or fill material into coastal waters. Consistencyy of Applicable. ".The activitywilb not involve placement of structures in or adjacent to coastal watersdr placement of dredge or fill material) C. Natural Hazards Policy C -1: Erosion and Landslides a. Proposed development and resource extraction activities in designated erosion hazard areas shall: 1. Minimize removal of existing vegetative cover, and 2. Stabilize soils and re- vegetate with native species for areas where development necessitates removal of vegetation, unless re- vegetation activities would cause more damage. Consistency: , Not Applicable: The project isr'not located-in a known erosion*. landslide hazard :areal b. Subsection a applies to areas designated as erosion hazards under 11 AAC 114.250(b) as described in Section 4.5.2. Consistency: 'Not Applicable. The project is.notlocatedl.a known erosion'hazard -areal D. Coastal Habitats and Resources Policy D -5: Wind Generation and Bird Habitat a. The applicant shall incorporate measures into the project description regarding the siting of wind generation projects to minimize mortality to birds. These measures shall include, but are not limited to, installation of turbines on the tallest towers practicable for the site, configuration of towers to reduce the likelihood of bird strikes, and use of tubular towers, fully enclosed nacelles or other appropriate technology that has been demonstrated to reduce bird mortality from wind turbines. Case No. 11 -011 Staff Rpt Page 5 of 14 D i X 220 Public Hearing Items 7 -B Consistency: 'Not Applicable. The;project does not involve a wind generation project! b. This policy applies to uses and activities related to the Energy Facilities Standard 11 AAC 112.230. Consistency NotApplicable. - T,he' project does not involve the development orconstruction of ad energy facility H. Recreation Policy H -1: Protection of Recreation Resources and Uses a. On public lands and waters used for recreation activities within designated recreation areas or on private lands and waters within designated recreation areas where the landowner has granted formal permission for recreational activities, non - recreational projects and activities shall be located, designed, constructed and operated to avoid significant adverse impacts to recreation resources and activities, including access and scenic views unless a comparable alternative recreational opportunity can be provided that would not decrease the quality of the recreation experience in another area. Consistency: Not applicable. This 'request does not'involve the use or''development of public lands oG waters used for recreation or any.other public purposer b. Access through water bodies shall be maintained. 1. Fences shall not be constructed across streams, 2. Bridges must be constructed at least four feet above the ordinary high water mark, 3. Structures, other than weirs, shall not impede travel by watercraft along waterways, and 4. Weirs shall be constructed to allow for small boat passage over or around the structures, and warning signs shall be placed at least 25 yards upstream of the weirs. Consistency:: --Not Applicable. The project does not involve development along Fa water body that may, be used for recreatiorror subsistence purposesf c. This policy applies to areas designated for recreation under 11 AAC 114.250(c) as described in Section 4.5.1, and it applies to all uses and activities that could affect recreational values described in the resource inventory and analysis. Consistency: Not applicable. This`,area is not specifically identified or reserved'for recreational use under 11 AAC 114.250(c)fl I. Archaeological and Historic Resources Policy 1 -1: Consultation and Surveys a. For projects within the historic and prehistoric designation area, the applicant shall submit with the consistency review packet an assessment of potential impacts to historic and prehistoric resources and a plan for the protection of those resources. As part of the assessment, the applicant shall consult with the KIB, tribal entities and the Alutiiq Museum. Consistency: Unknown. The project is not located in''an area known for archeological tesources. If archaeological resources are disturbed in the development process the developer will halt operations untilthe extent of the resources can be determined and a plan developed to either preserve the resources on -site or properly remove them to an appropriate archaeological r epository b. This policy is established for areas designated for the study, understanding and illustration of history and prehistory under 11 AAC 114.250(i) as described in Section 4.5.4. It applies to all uses and activities that could affect these resources. ConsistencyjUnknown. The project is not located..in an.area identified as a historic or prehistoric resource areas Case No. 11 -011 Staff Rpt Page 6 of 14 Le g of /3o Public Hearing Items 7 -B Policy 1 -2: Resource Protection a. For projects within the historic and prehistoric designation area, if previously undiscovered artifacts or areas of historic, prehistoric or archaeological importance are encountered during development, an artifact curation agreement will be developed between the landowner, appropriate state of federal preservation authorities, and the curation facility if artifacts are discovered on the project site. Consistency:' "Unknown The'project ma`y.bei located within amundesignated historic of prehistorid area It is:common to keep the location of historic and prehistoric areas confidential in order to protect-these areas from unauthorized access! b. This policy is established for areas designated for the study, understanding and illustration of history and prehistory under 11 AAC 114.250(i) as described in Section 4.5.4. It applies to all uses and activities that could affect these resources. Consistency: :f The project may be located in,an area identified for the study, understanding or,illustration of history andip!ehistory under.1 AAC•114.250(i)1 K. Mineral Extraction and Processing Policy K -1: Siting of Material Sources a. Sources of sand and gravel shall be authorized in the following priority: 1. Upland sites, including river terraces above historic high water, 2. Areas of low habitat value, including river bars, 3. Streams which do not provide fish habitat, and 4. Other habitats. ponsistency:.- 'i. Not Applicable: The'p'roject does`not involve . the& extraction ,or..processing.of,sancland /or, gravel resourcesf b. This policy applies to the sand and gravel standard (11 AAC 112.260). Consistency:. Yes: The project does involve: extraction of rock and gravel resources: 4.5 Designated Areas N/A 4.5.1 Recreation Areas N/A 4.5.2 Natural Hazard Areas N/A 4.5.3 Important Habitat Areas N/A 4.5.4 Historic and Prehistoric Resource Areas N/A 4.5.5 Commercial Fishing and Seafood Processing Facilities N/A 4.5.6 Subsistence Areas N/A Case No. 11 -011 Staff Rpt Page 7 of 14 f /G iJc 1 d Public Hearing Items 7 -8 COMMENTS INTRODUCTION This case has changed direction from the case as originally advertised. The reason for this is the new site plan /parking plan provided by the applicant. The revised parking plan shows sufficient area to meet at least 18 of the 20 off- street parking spaces that would be required by a re- evaluation of the parking calculations for the site. That means that the request for a variance is no longer needed. But what remains is for the commission to make a "finding" that additional parking that is not provided on -site can be provided on another site (Lot 18, Block 3 New Kodiak Subdivision) located within 600 feet of the principal building or use. PARKING CALCULATIONS Building Space Determination Our calculations show that the applicant is in need for 20 parking spaces for the square footage provided at the processing plant. We have determined that the total area of all additions that make up the plant is 14. square feet. That figure is determined as follows: Building A — 10,000 square feet (two floors at 5,000 s.f. apiece) Building B — 2750 square feet Building C - 312 square feet Building D - 1100 square feet 14,162 — S.f. Total Parking Space Calculations Borough Code (KIBC 17.175.040) states that for industrial establishments, one parking space is required for every 700 square feet of gross floor area. Therefore, 14,162 gross floor area divided by 1 parking space for every 700 square feet of building space equals 20.23 spaces or rounded down equals 20 spaces. This represents three (3) more spaces required than were identified on the zoning compliance permit for CZ2007 -062 which only require seventeen (17) off - street parking spaces. It should be noted that this calculation figures the 312 square feet of retail fish market as incidental to the industrial use. Staff believes this is justifiable because they are selling fish products related to the industrial use and not something entirely unrelated. In addition, the use is indicated in the narrative submittal to be seasonal in nature occurring only from May to September. Typically, the code requires a minimum of three off - street parking spaces for each principal use in a main structure. As another measure of "incidentalness" the parking calculation for a retail use would typically be 600 square feet or more to reach a parking requirement for three (3) off- street parking spaces. For these reasons staff believes the retail in this case is incidental to and an integrated part of the overarching industrial use. Based on the revised parking plan submitted by the applicant, the number of parking spaces that have been made available on the on Island Seafoods parcels (Tract N 26B and Tract 29B) is 18 spaces with 2 spaces to be provided "off site" and provided across the street on Lot 18, Block 3, New Kodiak Subdivision. That 20 parking space count on Case No. 11 -011 Staff Rpt Page 8 of 14 10 04 f3 Public Hearing Items 7 -B the two lots meets the parking requirement for the facility. It should be noted that the site plan submitted appears to have some issues of scale and staff would require these issues to be resolved on a final site plan for zoning compliance purposes. In reviewing this site plan /parking plan, staff observed several discrepancies that have been rectified in this revised calculation. There is a second floor in the main building representing an additional 5,000 square feet that was unaccounted for. However this additional was largely offset by floor area that was attributed to van trailers stored on the site. Typically, vans are licensed vehicles are considered to be occupying loading berths which the borough code allows to be counted as part of the overall parking complement, particularly in seafood processing site applications. In addition, storage vans which have been converted to accessory buildings do not typically have a parking calculation associated with them, although it is recognized that along with other outdoor storage items these vans may reduce the availability of off - street parking area. Lot 18, Block 3 New Kodiak This business is the site of a former "small scale" seafood process plant that was permitted as a "similar use determination ". It has a grandfathered parking space right of nine (9) off- street parking spaces with only five (5) actual parking spaces located onsite. It is no longer used as a seafood processing plant, but the grandfather right of 5 parking spaces still exists. If you reserve two of the spaces for the Island Seafood plant the remaining 3 spaces are sufficient to satisfy the parking need of the use that is currently occurring at this site. That use is a machine shop. A machine shop has a parking requirement of 1 space per 700 square feet of gross floor space. Based on the size of the building at 1,875 square feet, required parking is calculated to be 2.6 spaces which would be rounded up to three (3) off- street parking spaces. That being said, KIBC 17.175.040 (c) states: that in all cases, a minimum of three spaces shall be required for each principal uses in the building. In the end, the five (5) grandfathered parking spaces are adequate to meet the three (3) required spaces based on the machine shop use occurring in the structure found on this lot and provide two (2) additional spaces that can be reserved to meet the parking at Island Seafoods. Staff notes however that the machine shop use has been established without benefit of zoning compliance so that there is a need to review a revised site plan for Lot 18 and document the changes to the use as well as the revision to the parking space allocation. The upshot of this action however is that Lot 18 will be abandoning it grandfather rights to nine (9) off - street parking spaces and any subsequent change of use on the site that requires an increase parking requirement will likely require a variance if the two (2) guest parking spaces cannot be released in the future from the requirement to serve the use of the seafood processing use across the street. FLEXIBILITY OF PLANTS There is a need to recognize that seafood processing plants are flexible in the nature. They are at the whim of the market and marine resource quantity and must respond to a change in either. The type of processing equipment evolves. Some processing plants have gone from canning lines for salmon, crab and shrimp, and from shrimp peelers to modern fish fillet machines. Those changes have required massive changes to the Case No. 11 -011 Staff Rpt Page 9 of 14 it oi. (], (2 Public Hearing Items 7 -B interior layout of processing plants. Facilities have to be able to expand and contract with the market and resource. There is a need for this flexibility in the facility. But our parking standard has changed little. LACK OF PROCESSING SITES Most of the sites where fish processing could occur are occupied or there is an interest in the property that prevents their use. Do we deny the right of a thriving business to grow because there is limited ability to grow? Fishing is the primary industry of this community. Supporting economic growth with processing expansion is important, but do you ignore the rules on the books that are meant to resolve an issue? ISLAND SEA FOODS REVISED PARKING PLAN Island Seafoods recognized their parking problem and that they are a victim of their own success. They approached the borough with this request. They have rearranged the site to accommodate additional parking as well as additional maneuvering space for their equipment and vans etc. The applicant foresees continued growth of the operation. But it is important that an approved parking plan not only be on paper, but be the parking that is actually utilized on the ground. To the processing plants credit, submitting a revised parking plan that attempts to meet the parking code is laudable. They have indicated a willingness to rearrange how they conduct business on the site to accommodate the needed parking, but don't believe that it will be enough and therefore still require the use of a parking lot in common ownership across the street for two (2) of the required off - street parking spaces. VARIANCE STANDARDS In reviewing a variance request the Commission must find that all six (6) standards of a variance are met. Those standards are: 1. There exist exceptional physical circumstances or conditions applicable to the property or intended use of development, which generally do not apply to other properties in the same land use district. 2. Strict application of the zoning ordinances would result in practical difficulties or unnecessary hardships. 3. The granting of the variance will not result in material damages or prejudice to other properties in the vicinity nor be detrimental to the public's health, safety and welfare. 4. The granting of the variance will not be contrary to the objectives of the Comprehensive Plan. 5. That actions of the applicant did not cause special conditions or financial hardship from which relief is being sought by the variance 6. That the granting of the variance will not permit a prohibited land use in the district involved. The purpose of the variance process intended to allow the development of a reasonable use on lands which may be otherwise disadvantaged due to the physical circumstance of the lot. Ultimately it is the Commissions prerogative to determine what "reasonable" development entails, however from the staff perspective in developing variance Case No. 11 -011 Staff Rpt Page 10 of 14 Public Hearing Items 7 -B recommendations, accessory buildings and garage additions are generally considered to be less of an essential need in the context of variance requests. Staff would also note that parking variances are difficult to reconcile with the variance standards because parking is typically a matter over which the land owner has control. When a property owner indicates that their business has outgrown the site they occupy and they wish to convert off- street parking area to a use or structure variance standard number five (5) is usually called into question. Development or growth of a use which typically increases the parking requirement at the same time reducing available parking is hard not to consider as an action of the applicant from which relief is being sought by variance, Existing off- street parking that is displaced from a site will reduce the pool of available on- street parking and the Shelikof Street area is known for its limited availability of parking, both on- street and off - street. RECOMMENDATION Staff believes that the required off- street parking for Tracts N 29 -B and N26 -B can be met can be met by providing a combination of onsite parking and satellite parking on a lot in common ownership (Lot 18, Block 3, New Kodiak Subdivision). Although staff does not believe that a variance is now required, it is appropriate for the commission to make a motion and then deny the motion unless the petitioner formally withdraws that portion of the request in writing. It is also recommended that the commission make a finding that two (2) off - street parking spaces required to serve the processing plant located on City Tideland Tract N26 -B & N29 -B may be provided by a combination of onsite parking (18 spaces) and satellite parking (2 spaces) on the alternative site (Lot 18, Block 3, New Kodiak Subdivision) that is within 600 feet of the principal building or use. APPROPRIATE MOTIONS Should the Commission agree with the staff recommendation, the appropriate motions are: Motion #1 Move to grant a variance, according to KIBC 17.195, to allow a reduction in the number of required off- street parking spaces from 17 to 10, in support of a seafood processing (industrial) land use per KIBC 17.175.040. Staff recommends that this motion be denied and the following motion approved: Move to adopt the findings contained in the staff report dated November 29, 2010 as "Findings of Fact" supporting the DENIAL of this request. Case No. 11 -011 Staff Rpt Page 11 of 14 Public Hearing Items 7 -B © P70 FINDINGS OF FACT 17.66.050 A.1. Exceptional physical circumstances or conditions applicable to the property or intended use of development, which generally do not apply to other properties in the same land use district. Tracts N29 -B and N26 -B are typical for waterfront lots located along this stretch of Shelikof Street. If there is something atypical it is that the site has historically been open enough to provide the necessary off- street parking without the need for variances or satellite parking arrangements. As noted in the staff analysis however it is the intended use for seafood processing and the changes that occur to that industry periodically which typically drive the need to maximize the use of the site for seafood processing related uses in lieu of off- street parking. Staff has performed a new analysis of the site and corrected some errors of the prior parking calculation. In addition the petitioner has also re- worked the site plan such that a variance is no longer required. It should be noted that this information was submitted only recently and this new information would typically justify a postponement if not for the fact that the parking issues appear to be resolved (subject to the approval of satellite parking for at least two [2] off- street parking spaces). 17.66.050 A.2. Strict application of the zoning ordinances would result in practical difficulties or unnecessary hardships. According to the petitioner, strict application of the parking ordinance would limit the ability of the site to remain competitive with other seafood processing uses in the area. As noted by staff the community has typically recognized the changes to the fishing industry and the limited locations for such uses to occur as justification for some relief from parking requirements in the past. It should also be noted that this area was originally developed long before the advent of modern parking requirements and the community growth that has resulted in a largely "auto- dependent" lifestyle for many residents. The relief requested in this case therefore has to be reconciled with the overall lack of parking in this overall area and the fact that there are already many nonconforming uses on both sides of the street which are not providing all of the parking required for those uses in this day and age. It is prudent therefore to work with property owners to provide the maximum number of required off - street parking spaces even if this requires giving the site owner some control and flexibility in the location and layout of the parking plan so long as the minimum parking standards of the code are met. 17.66.050 A.3. The granting of the variance will not result in material damages or prejudice to other properties in the vicinity nor be detrimental to the public's health, safety and welfare. Case No. 11 -011 Staff Rpt Page 12 of 14 74 01 130 Public Hearing Items 7 -B Since there is no longer a need for a variance it does not appear that there will be any material damage or prejudice to other properties in the vicinity. 17.66.050 A.4. The granting of the variance will not be contrary to the objectives of the Comprehensive Plan. The grant of a variance would not be contrary or detrimental to the objectives of the Comprehensive Plan. This area is designated for industrial and commercial use, particularly seafood processing along the waterfront. 17.66.050 A.5. That actions of the applicant did not cause special conditions or financial hardship from which relief is being sought by the variance. The actions of the applicant have caused the special conditions from which relief is being sought by variance, As noted in the staff analysis some of this need may be due to the nature of the industry but it is difficult to assign a value to these structural changes to the industry versus the responsibility of the land owner to control and manage the site layout and utilization. In this case, both staff and the petitioner have re- evaluated the site and believe now that up to eighteen (18) off- street parking spaces may be provided onsite (with the inclusion of loading berths) such that the grant of a variance is no longer required. 17.66.050 A.6. That the granting of the variance will not permit a prohibited land use in the district involved. This request is to allow a variance from parking requirements and the grant of such a variance would not permit a prohibited land use in the district involved. Motion #2 Should the Commission agree with the staff recommendation, the appropriate motion is: Move to grant approval of a parking plan, according to KIBC Section 17.175.050, that would permit two (2) off - street parking spaces proposed to be located on Lot 18, Block 3, New Kodiak Subdivision, which are impractical to be located on Tracts N29 -B and N26 -B, City Tidelands, in order to support the seafood processing use, and that two (2) off- street parking spaces located on Lot 18, subject to conditions of approval, will provide a safe and practical off - street parking alternative to the off - street parking that would typically be required on Tracts N26 -B and N29 -B, subject to conditions of approval in the staff report dated November 29, 2010, and to adopt the findings in the staff report as "Findings of Fact" for this case. Case No. 11 -011 Staff Rpt Page 13 of 14 11 /6 1270 Public Hearing Items 7 -B CONDITIONS OF APPROVAL 1. The applicant shall obtain an "after- the -fact" zoning compliance permit to address the apparent change of use on Lot 18 from small scale seafood processing to the current machine shop use. 2. The applicant shall obtain a new zoning compliance permit for Tracts N26 -B and N29 -B showing a scale drawing of the site with at least eighteen (18) off- street parking spaces including loading berths. 3. The two (2) off - street parking spaces located on Lot 18, will be signed or marked so as to be clearly associated with the uses on Tracts N26 -B and N29 -B. 4. The petitioner shall obtain letters from the City of Kodiak Public Works Department that there is no objection to the use of Shelikof Street right -of -way for additional pedestrian crossings due to the is satellite parking layout. FINDING 1. The petitioner has worked with staff to eliminate the need for a variance request by providing additional on -site parking and the relocation of two (2) off- street parking spaces to an alternate site within 600 feet is a preferable outcome to the prospect of granting a variance and potentially adding an additional demand for limited on- street parking. Case No. 11 -011 Staff Rpt Page 14 of 14 '10/70/12 10:58 PPf Public Hearing Items 7 -6 7P off' 130 d• 9?acl! 1 9 8ea ! t od TM October 13, 2010 Bud Cassidy Director of Community Development Department Kodiak Island Borough 710 Mill Bay Road Kodiak, AK 99615 Dear Mr. Cassidy It was brought to my attention that the Borough has determined that the Island Seafoods property is out of compliance with regard to parking requirements. Until yesterday, we were unaware that we were considered "out of compliance" since the last review of our parking performed in March of 2007 confirmed that the property was in compliance. Although we have not added any property or changed our parking requirements, this business has definitely grown in volume in the past three years. We have contracted with two different consultants to review the status of our property in anticipation of future growth. PND Engineers, Inc is preparing the permit for the Corps of Engineers preparatory to modifying or expanding our dock. KPB Architects is concurrently conducting a code review to determine where the property stands with regard to building code compliance. The cost of both projects exceeds $25,000, so we are definitely taking this matter seriously. Additionally, although it is a very slow and complicated process, we are exploring the acquisition of adjacent property to handle the parking requirements per the Borough Code. If the above mentioned mitigating facts are insufficient to preclude a code violation, then we will be submitting a request for a variance to allow us to continue to operate the business. Sincerely, John Whiddon General Manager Island Seafoods Cc: Jack Maker, Code Compliance Officer Rick Gifford, Borough Manager Jay Johnson, Clarion Construction Aurora Courtney, PND Engineers, Inc Ken Burkhart, KPB Architects 317 Shelikof Street, Kodiak, AK 99615 (907) 486-8575 Fax (907) 486 -3007 Case No. 11- 01 Page 1 of 8 4. i 8 {T�T� v a 4f .r 4 ' 'a 4: G `� r � ,; ;+ ' . fir � 4 4 4 p . v 4 i11;' §t t� �PJ. ; 3:4‘11; C k tr gF a r S 1' d Y e '. s " 2 ""`1 ' , j w F atT9 t L n .. d G , 4.44-7: y x 7 • : fy, >d { 't 1 ,.... n : LV .1: " Z f t 'I~ F , . t • • p y* . r r .S y . c a, k . w t 1 , n i � 1 f o f r- : . +� „� ! - 1 'f p . y ry l ie.G f. t � .t ,V d '1 fi t i � a : 4 �' d �'P ° x " `� � �Y P ,4, b �, � �.e�rr 1 . °a.- ti r z r - �t 1 . l / a � 1 w' '''' � � :: � 4 °z s a� � a fp r� d d ro P r• T ,,,;.. t T 4 y .r { ", :' r t A o 3 : re ir j 1 ,'' JF + a� ° Y ` � -� , {y� U G it ' `w x �f S r ryl F ti r tA r w 41. ,1t' ,;1:4',1,44,5i; i 1 a ; ti' "Fi i' S ! `' d E: 4Ji t L *, n k y w� R '� �f t• } ' ! 1 r a ::. r l � , o „� % , •, 'k." h b try ' ' .c a F . hz ( ? r° ° aw., ' r ,, a ,. i 1 i 1 i7 1,11 T!e pp frt - -..),:"P"' , i�a.$ c• „ t,i f .. 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H „a, i ... t '' .+ �J.111- (341 'APpelid '?, ,� S ,kE"„. y j ` r K, r r. • Public Hearing Items 7 -B BARROW es-0 egl l 5f,' ONU%CHl SE1 KO '..:UE . NONE 1 1J iNRBANKS PROJECT O B g�� 00--- '. LOCATION 4 % DILL • .0 O �Y �NEAU .0. uwuASlu /artcN wuB.: • KODIAK F Izi , � �.J i) KODIAK ii .t.i of 1 4 - 3GA cocc STATE OF ALASKA PROJECT r=__ �" % tom LOCATION \ LATITUDE 57.7866, �1t+ I c /rto "` Filer LONGITUDE 152.4134 4134 * '� �� o F CV: W 1' ., <" e / 7['f„ U1 � 1 f 1' - A f ., �.. 7,0 t' An. o 1 1 . ry x -""1 ° ' ` . 6 1 .yam` 5 . v 1{71 � 1 ici- , Y . r A M /' .N ,' - ^j 1':0;+ 51'470 3 .' i '• f NEAR ISLAND v. /16 1 sn n ' #.# }') k c; ROUND IS A• 15 fi i'' + 4 ' ` >ti USKI S 5 P ( K .• ' r IS 4 ;d I PRA r , , Mm n \ W 6 '•0 0 1� , . ! mow ._i" f 1 ,7, u . t r r 4 . , 1 ` 1' t x . sV ts . a ,. !.7F < i� i . ,-.7 ^.Y7t sr. n[RUU. r 5•v " , �� k ". .•.fi .i 1'• [wsr.c `i� t . E Q)d. P I . 4 r ,. ! _. BrzCUN.RRS . T J d1' ! 1'v ', k--- .'fig iJ 1 . -- J. . ,i , ,.j -4. '� _ p _ (J - -1•-yA - „ ♦ __ mow_ _ _ _ .: M 500 0 500 1000 1500 l SCPL[ IN FEET LOCATION MAP HIGH TIDE LINE (HTL) 10 • VICINITY MAP i MEAN HIGH WATER (MHW) 7.8' MEAN LOWER LOW WATER (MLLW) 0.0' 6 PURPOSE: ISLAND SEAFOODS . PROVIDE DEEPER DRAFT VICINITY MAP DOCK AND EXPAND FACILITY FACILITY MODIFICATIONS REMOVAL OF EXISTING DOCK I FOR SAFETY REASONS DATUM: 0.0' MLLW a ADJACENT PROPERTY OWNERS: ISLAND SEAFOODS AT: ST PAUL HARBOR 1 KODIAK ISLAND BOROUGH 317 SHELIKOF ST. IN: KODIAK, AK o NORMAN URSIN SR. KODIAK, AK 99615 s STATE OF ALASKA OCT 4, 2010 SHEET 1 of 5 0 - Case No. 11 -011 Appendix Page 3 of 8 got Dc 1 770 Public Hearing Items 7 -B 4 . , .J t. Ia � 3 ie -' x 'ran" +R d LU UU.71�'4f a • bib 19. r a. w . 4 \k ° + �. € t 14 ' ,317 Ac:;.'.'"). , , ,,: s u. M * '. 4 .1 n•w..,.u. t 11 L AVA A i n;r; ri " / :; r I , L 4,-e ;4;'.4. . 7 § E "a I '1' i ili,{ w M , 1. • ' .e ,� 3 r et - � ,�u •4i j'.. ` 1'..c. � �� f. i Y: s °'. a , 4 $" l f + "Y' { c. { �N am ^.. . € yy-� y _ P•. ' i' .n' `. v M�� R'! � \S Y "x 1: (Fd [ ` 1.• f 0 - F 4 .: y' IX :An e �{ 1` n ‘ -'6: . , , . y y 4 r+-+ .,�. Yi : ` r4. V .. - .�„ } v 1 , '' { -30 PROPOSED SEWCE PP 11 r �0 > $ S t I r r^+t r PUIiDRM. i \ . r � k7OSf � Ip.�, s ','„Q', ' g x •` Cr r -a e : : t y r' b , r'' , i , E a A. - PROP0SEO t g5 � K p f - �' "It r }� � � 13 � � s v +�, 7 M �. 4 ' h 4 � �, � . � S " , A t o F , (t , C a "' iy, is ' 1 u I @iF ® PAU .HARBOR i• 4. PROVIDE DEEPER DRAFT DOCK SITE LAYOUT PLAN ISLAND ODI FOODS AND EXPAND FACILITY FACILITY MODIFICATIONS 1 REMOVAL OF EXISTING DOCK FOR SAFETY REASONS "r DATUM: 0,0' MLLW 1 ADJACENT PROPERTY OWNERS: ISLAND SEAFOODS KT PAUL HARBOR IN . KODIAK ISLAND BOROUGH 317 SHELIKOF ST. IN. KODIAK, AK 3 NORMAN URSIN SR. KODIAK, AK 99615 a STATE OF ALASKA OCT 4, 2010 SHEET 2 Of 5 6 Case No 11 -011 Appendix Page 4 of 8 Public Hearing Items 7 -B 4 £ n h j f " , E T 11.." � J5 a ! .0 �� \ r" , : '") N . �+ SERl4CE PLATFORM `�'` + � t5;k � r A2 I?! I.1"--,--\,' k t C "x v r"k,.tt� �` f, •c �rF yz ! : , \ � ® �t s '- - -o i ? F of `fl`�` r t,7y f"'l 14,- * i'l 7 4 °,.— t r r, \ �AV ® -ci l :T' ' . * r vi d-,... A G..! fa t ^ry -", r r � - t ty rv;l I L : q �• 2:4. r � � � � t � ( �5 A �� ' -Bis I ' t 's( r f t , " `H4 x 4 � 'te � t 71 A + r. s ` "' , B i # i . j v O y '„�• / Y ' , t . � w , ? f-: 'r t 1 nw' -„t l • c - v q M MHW s e /+: r , t1 0 SUP pa 7 I i' •.j n,.,� y j — � � � � ' ' AV } �w1- t ' i p f 1/ tC ! _ $ fi r ?. / / 5 t i� . tit !f . - } t w ! ' P' 180ESUPPORT PLES TO 1 � 3 c - t , f < '. I F '> t r •,e4 1 ' / � (. ° iC "'PILE •11-7 'ri 1 1"C ) I f y /l ,- A . PtmaoseD ,- _ •r !, , \co !: A _ ' .: • ` 4 F N 7 � 14k< t n rC x° Pi {". k 1 0 1 . "f t ' j4 • t I . i 1 : # ! . ''t { V. r C .,. / � g . 1 M � c PV a I S o, J lD V. r r i A. let BATTER,PRE , 'xi", z 1 E 3D ,, PP ( ( ∎ t I :. • ( - I 1 r . F B EN Ir !! 11 � 18 o FENDER' PILE • . ' - C h b y g ' - Uv H RBOR r r BELOW HTL BELOW MHW I - f;. SURFACE AREA OF NEW DOCK (sl) 2350 2850 r I' R SURFACE AREA OF NEW SERVICE PLATFORM (sf) 900 g SURFACE AREA REMOVED (sl)' 3400 3400 S SURFACE AREA - NET GNN (sf) 350 350 `s PILES TO BE REMOVED 36 L PILES TO BE ADDED 37 p PILES GAINED 1 1 _ Z EXCAVATION (ry) 0 0 '`'• u , r FILL MATERIALS 0 0 PURPOSE: ISLAND SEAFOODS PROVIDE DEEPER DRAFT DOCK PILE LAYOUT PLAN PERMIT DRAWINGS AND EXPAND FACILITY . REMOVAL OF EXISTING DOCK o FOR SAFETY REASONS e DATUM: 0.0' MLLW o ADJACENT PROPERTY OWNERS: ISLAND SEAFOODS AT: ST PAUL HARBOR I KODIAK ISLAND BOROUGH 317 SHELIKOF ST. IN: KODIAK, AK NORMAN URSIN SR. KODIAK, AK 99615 STATE OF ALASKA OCT 4, 2010 SHEET 3 of 5 6 Case No. 11 -011 Appendix Page 5 of 8 G t 0c I, Public Nearing Items 7 -8 30' -0' y BULLRAIL -, SUPPORT DECK GIRDER, PfP I ■4 / FL 161# FENDER Era PILE CAP • 1 I I 1 FENDER- BATTER —HTL = 10.7' PILE, TYP —MHW = 7.B' SUPPORT PILE, TYP I I � I Y MLLW = 0' ., MUDIJ MUDUNE 0 R 25' -0' T{. PILE Q PILE A -A TYPICAL PROPOSED DOCK SECTION NTS g p S t 3 PURPOSE: ISLAND SEAFOODS PROVIDE DEEPER DRAFT DOCK TYP DOCK SECTION PERMIT DRAWINGS AND EXPAND FACILITY REMOVAL OF EXISTING DOCK } FOR SAFETY REASONS F DATUM: 0.0' MLLW F ADJACENT PROPERTY OWNERS: ISLAND SEAFOODS AT: ST PAUL HARBOR KODIAK ISLAND BOROUGH 317 SHELIKOF ST. IN: KODIAK, AK E NORMAN URSIN SR. KODIAK, AK 99615 STATE OF ALASKA OCT 4, 2010 SHEET 4 of 5 Case No. 11 -011 Appendix Page 6 of 8 dc-130 Public Hearing Items 7 -8 so.-0. {I BULLRAIL SUPPO GIRDER, YP DECK -' FI 53 .�. PILE CAP ■ —M - 10.7' —MHW = 7.8' SUPPORT PILE, TIP N MLLW= 11 EXISTING MUDUDLINE 9 n PILE C}, PILE B -B TYPICAL SERVICE PLATFORM SECTION x NTS R R 1 t PURPOSE: ISLAND SEAFOODS f PROVIDE DEEPER DRAFT DOCK TYP SERVIC PERMIT DRAWINGS AND EXPAND FACILITY PLATFORM SECTION e REMOVAL OF EXISTING DOCK I FOR SAFETY REASONS g DATUM: 0.0' MLLW ADJACENT PROPERTY OWNERS: ISLAND SEAFOODS AT: ST PAUL HARBOR KODIAK ISLAND BOROUGH 317 SHELIKOF ST. IN: KODIAK, AK NORMAN URSIN SR. KODIAK, AK 99615 OCT 4, 2010 SHEET 5 of 5 STATE OF ALASKA Case Na 11 -011 Appendix Page 7 of 8 ac 150 Public Hearing Items 7 -B 1111 101076 9/29/10 Project Description; Island Seafoods Waterfront Facility Modification This project consists of removing the condemned dock on the northeast side of the property due to safety concerns. This dock was previously used to support the facilities' ice plant which will be relocated. A service platform will be added adjacent to the existing offloading pier to support the ice plant. Additionally, the existing offloading dock will be expanded to accommodate deeper draft vessels and provide additional dock space. Below HTL Below MHW Surface Area of new dock (sf) 2850 2850 Surface Area of new service platform (sf) 900 900 Surface Area Removed (sf)* 3400 3400 Surface Area — Net Gain (SF) 350 350 Pile's to be removed 36 36 Piles to be added 37 37 Piles gained 1 1 Excavation (CY) 0 0 Fill materials 0 0 *Dock to be removed dimensions are approximate, therefore net gain could be slightly off. ® iD ENGINEERS, INC. Case No. 11 -011 Appendix Page 8 of 8 gc( a 130 Kodiak Island Borough Planning & Zoning Commission Minutes September 19, 2012 6:30 p.m. in the Assembly Chambers CALL TO ORDER CHAIR TORRES called to order the September 19, 2012 regular meeting of the Planning and Zoning Commission at 6:30 p.m. PLEDGE OF ALLEGIANCE ROLL CALL Commissioners present were Brent Watkins, Bill Kersch, Alan Torres, Alan Schmitt, Rick Vahl, and Sonny Vinberg. A quorum was established. Community Development Department staff present was Martin Lydick and Sheila Smith. APPROVAL OF AGENDA CHAIR TORRES stated he o uld like to see added to the agenda under New Business B -P &Z Rep to the Parks & Rec Committee. COMMISSIONER SCHMITT MOVED to approve the September 19, 2012 Planning & Zoning Commission agenda as amended. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY APPROVAL OF MINUTES COMMISSIONER VAHL MOVED to approve the August 15, 2012 Planning & Zoning Commission minutes. VOICE VOTE ON MOTION CARRIED UNANIMOUSL AUDIENCE COMMENTS AND APPEARANCE REQUESTS There were none. PUBLIC HEARINGS A) Case 13 -006. Request a Variance, per KIBC 17.195, reducing the required off- street parking from 22 spaces to 10 spaces, according to KIBC 17.175.040. The applicant is Island Fish Company, LLC /Pacific Seafood Kodiak and the agent is John Whiddon, General Manager. The location is 317 Shelikof Street and the zoning is I- Industrial. Lydick reported this request for a parking variance is the administrative culmination of a protracted code enforcement proceeding against the subject property. Borough enforcement policy calls for extraordinary efforts on the part of staff to achieve voluntary compliance before proceeding with judicial remedies. This request for a parking variance is the last avenue that staff was able to identify as possible administrative relief before proceeding with more aggressive enforcement efforts. Variances of any kind are knotty problems to address due to the high bar that has been established, under law, for their approval. Required standards of approval contain six separate factual findings, all of which must be met in order to receive commission approval. Forty-seven public hearing notices were sent out for this 9/19/2012 P &Z Minutes Page 1 of 13 request on August 7, 2012. Fifteen comments were returned opposing the request, and one comment was returned expressing non - objection. Numerous comments & statements supporting the request have been received in the department after the comment deadline established per Commission Bylaw Article 9 Paragraph D. Staff recommended denial of this request. COMMISSIONER SCHMITT MOVED to postpone Case 13 -006 until the October 17, 2012 regular meeting of the Planning & Zoning Commission. ROLL CALL VOTE ON MOTION FAILED 3 -3. The noes were COMMISSIONERS TORRES, SCHMITT, and VAHL. The ayes were COMMISSIONERS WATKINS, KERSCH, and VINBERG. When asked if anyone wishes to change your vote CHAIR TORRES changed his from aye to no. COMMISSIONER SCHMITT MOVED to grant a variance, according to KIBC 17.195, to allow a reduction in the number of required off - street parking spaces on City Tideland Tracts N26B and N29B from 21 to 10, in support of a seafood processing (industrial) land use per KIBC 17.175.040. The public hearing was opened & closed: Public testimony was given by: Gretchen Wing read from commission bylaws; under Article 9 -1). New Information - The commission shall not consider any new information submitted less than 15 days prior to a regular meeting date. The new information introduced after the 15 day deadline may be considered by the commission for action at a future meeting or referred to staff for study. Next is Article 11 Reports and minutes - The Community Development Department will have the staff reports for public hearing petitions available for review by the applicant and commission members 12 days prior to the public hearing. The commission shall keep minutes of the proceedings and such minutes shall be record the vote of each member upon every question formally presented for consideration. The minutes shall be filed in the office of the Borough Clerk and shall be a public record, open to inspection by any person. When this started there have been all kinds of deadlines put out, the deadlines have been past, there's new variances, there's been stays, and this has been a very complicated case because it keeps changing by the week. According to the public hearing notice we received in the mail and other information they have 15 days prior to the meeting to submit their written information. That was out there as public knowledge. We've worked really hard to get this case going, to keep this case going with factual knowledge and we presented our information in a timely manner within the 15 days prior. You need to consider the information that was presented in a timely fashion so it could be given to you within the 12 days so you had plenty of time to review it. There's a reason that we have these laws and there's a reason there is a deadline. Cases cannot be tried and listened to, to the full extent if people are constantly submitting late information. Please remember the bylaws that were agreed on and it's what we should be running our community off of when the late information is presented and when the late information is in front of you in the packets that was received after the deadline. In response to COMMISSIONER SCHMITT'S point of order regarding he thought the effect of the motion that was voted down was that we will not be considering the material submitted after the deadline, CHAIR TORRES said the motion failed to postpone the meeting to allow consideration of the comments. Staff chose to put them in our packet but our bylaws say that we shall not consider them, and TORRES said he didn't even download it all. Chris Wing stated he and his wife own the building across the street from Pacific Seafoods. This Variance request is very similar to P &Z Case 11 -011 dated December 15, 2010, this gives you an idea of how long this has been going on. That case was denied and the principal 9/19/2012 P &Z Minutes Page 2 of 13 difference in that case and this new case is the addition of 5 parking spaces. In the previous case it went from 17 to 10 in this case. Staff did the investigation and five more spaces were required than he had originally been told so that increased the number to 22. This is the same variance that was denied, there are minor differences and those differences were brought up in the investigation of the older case. Pacific Seafoods chose not to comply and continued not to provide required onsite parking. After 16 months of the denial Wing filed a complaint and seen no apparent actions with anyone, and the investigation revealed Pacific Seafoods is out of compliance after repeated inspections. There's a timeline that goes with this from December 2010 until today. The 16 months Wing stepped back and waited for action to happen but he should have been aggressive at that time. It all came down to a parking inspection on May 16th by the enforcement officer and the parking was there, for one day only. The next day it didn't meet the requirements. On the same day of the inspection the applicant got a new zoning compliance permit, the applicant submitted an associated parking plan with 22 spaces which Whiddon signed off on along with staff, and they pulled building permits on the same day. On June 5th a notice of violation and order was issued, the applicant did not apply for an appeal within the 10 working days. Wing feels that it was expired and he's in violation. If you review the appeal and denial information it's easy to deny this case. Chris Lynch stated she owns property on Cope Street and recently occupied a building from Pacific Seafoods which was a small retail business. She opposed this request strongly. On- street parking is very limited on Shelikof and while we need to address a parking issue an individual variance does not address the parking issue. The on- street parking belongs to all, there's one hour parking across from Pacific Seafoods that's supposed to accommodate the retail stores in that location. Lynch submitted pictures with her opposition and it's clearly not being enforced and there are labeled cannery vehicles in those spaces for days on end. If this variance would be allowed that would be 20 less on street spaces that would be taken by the people that can't park off - street. She's had customers specifically tell her that they haven't stopped at her store because they can't find a parking space. She has a private parking lot next to the building that she rented and the minute the building was beginning to be less occupied Pacific Seafoods staff was taking those spaces in the private lot without any permissions. That clearly indicates there is a need for their own onsite parking. When she purchased her Cope Street property she also had a parking issue and she was held strictly to that parking requirement and she expects this requirement to be held strictly to as well. Bill Alwert stated he's one of the owners of Pickled Willy's across from Pacific Seafoods. He said he has 1 parking space in front of their business which is in Mr. Wing's building. He's parked in front of his business and has got 3 parking tickets for parking in front of his business because there isn't any other parking spaces. Many people have also told him that they don't stop because there isn't any parking anywhere. That is harming our business. Pacific Seafoods should have plenty of parking. This request should be denied and they should have their off - street parking. Alwert has parked twice in front of Napa but he won't anymore because they've taken his windshield wipers off his car for parking there. We don't have anywhere else to park. We have to park all way down across from Sutliffs and walk down to his business so hopefully they will have 1 parking space for a customer to park in front of their business. This variance request should be denied. John Whiddon, Pacific Seafoods Manager, stated he's doing everything he can to resolve this matter. We've been in business on Shelikof Street for over 13 years, predating any of the people you've heard so far. Before we started on Shelikof there was a parking challenge, there's a parking challenge today and will be one in the future unless something is done about 9/19/2012 P &Z Minutes Page 3 of 13 it. Were asking for 10 not 22 parking space reduction and he'd offer that if they put 10 more cars in their parking lot you won't see a noticeable difference. The businesses that have come before you have mentioned they have no parking, he would reference that they have zero parking, none. We are required to maintain parking and they're not. The borough recognized over twenty years ago that there's a parking shortage on Shelikof Street, so much so that the borough code 17.140 established that the businesses on Shelikof Street were nonconforming and they issued what amounts to a grandfather clause with regards to parking. It seems to him that the borough realized that in order to grow and sustain the seafood industry that mandating parking on very limited space would otherwise be used for processing was not the best use of land. If you drive down Shelikof Street today you will see cars stacked up in every direction. Right now that's the cost of doing business on Shelikof. We're concerned the borough is selectively enforcing this ordinance. This matter came before you as a complaint. Other entities in Kodiak have been granted waivers or variances, particularly the convention center and also Trident for their bunkhouse and he would suggest that was done for economic necessity. The failure to obtain a variance in our case would mean not just the elimination of a portion of the business but the entire business, we cannot sustain a business if we reduce it by 22 %(recording fuzzy). The area that would be dedicated to vehicles is actually the area that we use to process fish. Without that we wouldn't be able to process fish and we would see a loss of up to 75 -90 jobs in the associated economic impact. We believe this is a valid case is a way to support the seafood industry. Lauri Whiddon state she's here to support Pacific Seafoods request for a parking variance. After spending 20 years as a Coast Guard wife and dependent we elected to stay in Kodiak and start their second career. Over the past 13 years she's watched her husband build the business from 3 to over 90 employees through hard work and dedication. He has some of the finest employees in the industry so she's here tonight to say that your decisions are far more reaching than just a parking variance. It impacts the lives of over 90 employees and their families who through Pacific Seafoods have access to health care retirement benefits. Parking was a challenge 13 years ago and it remains a challenge today. Her husband and Pacific Seafoods are committed to help to develop solutions that benefit all users and businesses on Shelikof Street. Jennifer Ridgecreek stated she's concerned about the parking situation on Shelikof. She agrees with the comments that said Shelikof has an issue with parking, it's difficult and it's difficult for pedestrians to use that space. She also understands the role of variances and zoning where you have a very specific circumstance where regulation doesn't fit on that circumstance; however, this is not that circumstance and she opposed the issuance of a variance because the parking situation is a problem. She believes the appropriate way to address this is through a parking plan in its entirety. To enforce a regulation by piecemeal by issuing variances here and there depending on which businesses have the time and resources to go through additional permitting is inappropriate and it sends a message to the Kodiak business community that some rules apply to some but not others. If parking is a situation as bad as it is then that situation should be addressed in its entirety. By voting no on this variance you are motivating the issue to take further to have a more long term comprehensive solution rather than perpetuating an ongoing problem through piecemeal enforcement so she urged the commission to vote no. Kevin Arndt stated he owns property within the public notice area next to the coffee shop. He's not at a place where there's a problem with parking. It seems like we have private parking but it's never full. He thinks the problem starts from the town side of Napa heading in 9/19/2012 P &Z Minutes Page 4 of 13 where it's really congested. He can say he's never been to Napa when he couldn't find a parking space. He submitted a letter but it says it was received after the comment deadline. He feels we do need to accommodate for this variance. We've given a grandfathered clause to everything else in the area that was developed. Just like Whiddon said if he does get the variance or he doesn't it's not going to change anything, the parking is the way it now whether he gets it or not. He deserves it. You should grant 50% of their parking should be allowed to be on street parking. You do have the establishments that have been there a long time that doesn't have any parking and how they were granted that in the beginning he doesn't know. Arndt is in favor of the commission approving this variance. Barbara from Pickled Willy's stated she thinks the parking is something that needs to be taken care of and it's the commission's fault that these guys are pitted against each other. Long term is a solution and piecemealing is not the answer. She said it's your duty to fix this or come up with some kind of long term plan. Discussion of the high standards for a variance, the business outgrowing the location, height limits and building upwards to allow for onsite parking spaces, move things that are not critical for the particular site elsewhere, parking concerns, businesses being responsible for their planning, future planning, plan growth, and the parking should be accommodated onsite as much as possible. this variance being similar to their prior case and should not have allowed it to come before the commission, not allowing comments submitted after the deadline because it doesn't limit public comment; public testimony can be given at the meeting or over the phone, the deadline is there to allow the commissioners time to read the packets, digest the information to allow the commission to make fair decisions, and disappointment that those comments were added to the packet. CHAIR TORRES stated with this variance being similar to their prior case it should not have been allowed to come before the commission, the comments submitted after the deadline does not limit public comment; public testimony can be given at the meeting or over the phone also if comments can't be submitted by the deadline. The deadline is there to allow commissioners time to read the packets, digest the information to allow the commission to make fair decisions, and TORRES expressed disappointment that those comments were added to the packet. CHAIR TORRES stated P &Z cannot fix the parking problem on Shelikof and that it would be a culmination of the City of Kodiak and the borough assembly to do a parking plan. In response to COMMISSIONER VAHL'S inquiry if this is postponed a month is there time to aggressively try to solve this problem, Lydick stated he thinks a postponement would allow you to consider the new comments that have come in after the deadline imposed by the commission's bylaws, he does not think a simple 30 day postponement will lead to any effective enforcement of any parking situation on Shelikof Street. Our current case which has gone on now for almost 18 months, he believes every individual business up and down that street would have the same opportunities for administrative delays that has been afforded this property. That is not bad in itself, it's what the process is and those steps are available to any business or any individual that finds themselves subject to an enforcement action. In response to COMMISSIONER VINBERG'S inquiry of the documents back from 2010 notifications were received, there were plans that were developed by PND Engineers showing the dock extension assuming to provide for some parking, can you elaborate on that and why nothing has been acted upon in those 2 years, Lydick requested VINBERG direct him to the document he's referring to. COMMISSIONER VINBERG said it's the prior case packet 11 -011. 9/19/2012 P &Z Minutes Page 5 of 13 CHAIR TORRES said we have case packet 11 -011 in our dropbox packet, Lydick stated staff doesn't have ipads and it's not in the packets that staff has. COMMISSIONER VINBERG stated what it tells him is that if nothing has been acted upon in the last 2 years then how much longer is this going to take and he believes we do need to have a new master parking plan for the downtown area. COMMISSIONER KERSCH who is also the Postmaster stated the Post Office is looking at not going down Shelikof Street because we cannot find parking to deliver the mail that will probably be addressed in the next month with the businesses down there. During discussion there was consensus that this variance should be denied. COMMISSIONER KERSCH MOVED to postpone indefinitely. ROLL CALL VOTE ON MOTION TO POSTPONE INDEFINATELY FAILED 4 -2. The noes were COMMISSIONERS SCHMITT, TORRES, VAHL, and VINBERG. The ayes were COMMISSIONERS WATKINS and KERSCH. ROLL CALL VOTE ON MAIN MOTION FAILED UNANIMOUSLY COMMISSIONER SCHMITT MOVED to adopt the findings contained in the staff report dated September 8, 2012 as "Findings of Fact" supporting the DENIAL of this request. FINDINGS OF FACT 17.66.050 A.1. Exceptional physical circumstances or conditions applicable to the property or intended use of development, which generally do not apply to other properties in the same land use district. Tracts N29 -B and N26 -B are typical for waterfront lots located along this stretch of Shelikof Street. Together they are rectangular in shape and measure about 1.4 acres total. The tracts, taken together or separately, exceed the minimum lot area of 20,000 square feet and lot width of 75 feet that is required for the 1- Industrial zoning district. If there is something atypical, it is that the two tracts have been developed with the bulk of building development on tract N29B and Tract N26B has historically provided the parking and maneuvering to support the use on Tract N29B. The more recent use of Tract N26B for outdoor storage, loading berths and other related activities has largely displaced the availability of parking and maneuvering on this tract. The decision by the land owner to displace employee and customer parking in this way however does not rise to the level of an exceptional physical circumstance or condition that would justify the granting of a variance. Historically, the site has been able to provide ample off - street parking in compliance with the parking code without the need for variances or satellite parking arrangements. As noted in the petitioner's application however, it is the increased intensity of the current use for seafood processing and the changes that occur to that industry periodically which has driven the need to maximize the use of the site for seafood processing. The petitioner has not clearly identified exceptional physical circumstances or conditions applicable to City Tidelands Tract N26B and N29B or the intended use of development on same which do not generally apply to other properties in the same land use district. 17.66.050 A.2. Strict application of the zoning ordinances would result in practical difficulties or unnecessary hardships. According to the petitioner, strict application of the parking ordinance would limit the ability of the site to remain competitive with other seafood processing uses in the area. As noted by 9/19/2012 P &Z Minutes Page 6 of 13 staff the community has typically recognized the changes to the fishing industry and the limited locations for such uses to occur as justification for some case -by -case relief from parking requirements in the past. That said, suggestions that the parking calculation for seafood processing plants in general needs revision does not justify the grant of a variance. Revision or amendment of zoning codes is a legislative prerogative of the community whereas the request of a variance, as in this case, is a quasi - judicial request to consider individual property rights of a single landowner. There is substantial area on the site which is sufficiently devoid of building development so as to accommodate the required off - street parking. It is only because this area is being used for outdoor storage and industrial activities that the petitioner is unable to provide the parking required by the code. The petitioner has not indicated why at least some of the outdoor storage and equipment could not be relocated to another location off -site It should also be noted that a considerable portion of the waterfront industrial area was originally developed long before the advent of modern parking requirements. Community growth has resulted in a largely "auto- dependent" lifestyle for many residents. The relief requested in this case therefore cannot be based solely on an appeal for equity with other waterfront industrial sites which might look much different if they also were just getting started. 17.66.050 A.3. The granting of the variance will not result in material damages or prejudice to other properties in the vicinity nor be detrimental to the public's health, safety and welfare. While Variance Standard #1 references a comparison of "physical circumstances" with other lots in the same zoning district, Standard #3 is pertinent to all properties in the vicinity of the subject parcel(s) regardless of zoning or use. In this regard, it must be recognized that there is a substantial lack of parking in the overall area. Many of the business establishments across Shelikof Street are themselves nonconforming due to changing code standards or have themselves been recipients of relief by variance on a case -by -case basis. As a result there are already many nonconforming uses on both sides of the street which are not providing all of the parking required for those uses in this day of auto dependency. While the petitioner has based a substantial argument for the grant of a parking variance on issues of equity with other industrial properties on the waterfront, it is not justifiable to grant equity with other industrial properties at the expense of business properties in the area. Business properties also have workforce parking needs but in many cases also require a certain amount of parking turnover for customer access. This is much different from parking characteristics of seafood processing which typically relies on long shifts and large numbers of employees on site during peak processing times. While the petitioner has indicated that they encourage carpooling and walking to work, there is no evidence presented on the record to say how effective this encouragement is at reducing the number of employees who need to park in the vicinity of Tract N26B and N29B. In addition, the grant of the variance will run with the land in perpetuity and will create an additional burden on for the city to regulate and manage in the Shelikof Street right -of -way. It is prudent therefore to work with property owners to ensure the maximum number of required off - street parking spaces are maintained in the area even if this requires giving the site owner some control and flexibility in the location and layout of the parking plan so long as the minimum parking standards of the code are met. 9/19/2012 P &Z Minutes Page 7 of 13 17.66.050 A.4. The granting of the variance will not be contrary to the objectives of the Comprehensive Plan. The grant of a variance would not be contrary or detrimental to the objectives of the Comprehensive Plan with regard to its support for seafood processing uses. The grant of such relief however, should not come at the expense of other general commercial uses in the area, which are similarly encouraged to succeed by comprehensive plan goals and objectives. 17.66.050 A.S. That actions of the applicant did not cause special conditions or financial hardship from which relief is being sought by the variance. The actions of the applicant have caused the special conditions from which relief is being sought by variance. As noted in the staff analysis some of this need may be due to the nature of the industry itself, but it is difficult to assign a value to these structural changes to the industry versus the responsibility of the land owner to control and manage the site layout and utilization. In both Zoning Compliance Permit CZ2012 -79 and prior Variance Case 11 -011 it was demonstrated that there is adequate room for off - street parking to be provided on site if some of the storage on -site could be moved to an alternate location off -site. The actions of the applicant, contrary to the provisions of the approved zoning compliance permit, have resulted in complaints, enforcement action by the borough, and ultimately this variance request. Had the petitioner maintained the site in compliance with approved permits prior to making this request this condition might have otherwise been met. 17.66.050 A.6. That the granting of the variance will not permit a prohibited land use in the district involved. This request is to allow a variance from parking requirements and the grant of such a variance would not permit a prohibited land use in the district involved. ROLL CALL VOTE ON MOTION FAIL ED UNANIMOUSL B) Case S13 -006. Request Preliminary approval, per KIBC 16.40, of the replat of Lots 1A & 2A, Hospital Subdivision, creating Lots 1A -1 & 2A -1, Hospital Subdivision, providing a location for the construction of a Long Term Care Facility, according to KIBC 17.130.020.H. The applicant is the Kodiak Island Borough. The location is 1909 Rezanof Drive East and the zoning is PL- Public Use Lands. Lydick reported this review if the final administrative public review process in a joint borough /city effort to provide our community with a fully functioning, modern Long Term Care Facility; an infrastructure upgrade that's been identified as needed for some time. The design provides for the like - exchange of lands between the borough and city in order to provide a consolidated parcel of land capable of accommodating the facility's construction on the preferred site. The commission reviewed and approved the construction design at the August 15, 2012 regular meeting. This plat re- aligns lot boundaries, vacates and re- creates required utility easements where needed, and provides sufficient land area to accommodate a private driveway serving as ingress and egress to the new facility. Fifty-one public hearing notices were mailed on August 8, 2012 and 2 comments returned supporting the request. Staff recommended approval subject to 3 Conditions of Approval. COMMISSIONER SCHMITT MOVED to grant Preliminary approval, per KIBC 16.40, of the replat of Lots lA & 2A Block 1, Hospital Subdivision, creating Lots 1A -1 & 2A -1, Hospital Subdivision, providing a location for the construction of a Long Term Care Facility, according 9/19/2012 P &Z Minutes Page 8 of 13 to KIBC 17.130.020.H, subject to Three (3) Conditions of Approval, and to adopt those findings of fact in the staff report dated September 7, 2012, as Findings of Fact for Case No. S13 -006. The public hearing was opened & closed: There was no public testimony. Discussion regarding the trail, seeing, when it comes to the parking plan stage where the trail is going to be and what they are specking out as a trail, more definition and how this is going to be handled early in the process. There was consensus regarding keeping the Chichenoff Trace Trail and possible re- routing it. In response to COMMISSIONER KERSCH'S inquiry about the access, has anyone has talked to the city about potentially using their parking lot to get through, Lydick stated he's not aware of any staff in our department that's taken the initiative on that point. COMMISSIONER SCHMITT'S inquiry regarding this facility is going to be up on a hill with a single drive access to it, the trail has the potential if approved, if permission can be acquired from the Baptist Mission, to provide some sort of alternate access to the facility and he thinks it's a good idea. SCHMITT said Woody Koning was thinking about starting discussion with the city about having an emergency access through the back of the City Police Station because the elevations are close. It's SCHMITT'S understanding that this facility would replace what is currently in the hospital building now that is deficient that is not adequate for the current state of care for the elderly but not exclusively that need good access to medical professionals 24/7 whereas the existing facility senior housing across from the Senior Center on Erskine is for basically independent living. CONDITIONS OF APPROVAL 1. The legal description (references) of the subdivision shall be corrected to read: Lots 1A -1 & 2A -1 Block 1 Hospital Subdivision. 2. The Kodiak City Fire Marshall shall certify that the access drive meets the minimum requirements of the fire apparatus access road requirements (Section 10.207 of the Uniform Fire Code) of Chapter 15.30 KIBC; 3. The subdivision shall incorporate the existing "Chichenoff Trace Trail" in a manner which does not prohibit or restrict public access or use of the existing recreational amenity. FINDINGS OF FACT 1. This plat provides a subdivision of land that is consistent with adopted Borough plans for this area. 2. This plat meets the requirements of Title 15 of the Borough Code. 3. This plat meets the minimum standards of survey accuracy and proper preparation of plats required in Title 16 of the Borough Code. 4. This plat meets all the requirements of Title 17 of the Borough Code. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY C) Case 13 -010. Request a Manner of Initiation, according to KIBC 17.205.030.B, to rezone Lot 3, Block 4, Port Lions Subdivision, Third Addition from R1- Single- family Residential to PL- Public Use Lands. The' applicant is the Planning & Zoning Commission and the agent is Mayor Steve Andresen, City of Port Lions. The location is 443 Bayview Drive, Port Lions. The zoning is R1- Single - family Residential. Lydick stated this request for rezone was initiated at the Commission's request, and underscores the'Commission's position that most lands within the Kodiak Island Borough are indeed subject to the Borough's zoning ordinance. The rezone would provide the subject 9/19/2012 P &Z Minutes Page 9 of 13 parcel with the appropriate zoning in order to accommodate the existing public infrastructure facility. The issues of appropriate zoning were brought to the attention of the department by a concerned citizen. The department's out -reach effort resulted in acknowledgement by the City of Port Lions of the zoning over - sight, and a subsequent request by the City for the Commission's intervention and resolution. Thirty-four public hearing notices were mailed on August 8, 2012 and no comments have been returned supporting or opposing the request. This request for rezone has been non - confrontational and uneventful. Staff recommends approval of the rezone, and requests one (1) Condition of Approval. The applicant is required to obtain after the fact zoning compliance for the existing facility. COMMISSIONER VAHL MOVED to recommend that the Kodiak Island Borough Assembly approve the rezoning of Lot 3 Block 4 Port Lions 3rd Addition from R -1 Single Family Residential Zoning District to PL- Public Use Zoning District, subject to One Condition of Approval, and to adopt the "Findings of Fact" in the staff report dated September 7, 2012, as Findings of Fact for Case 13 -010. The public hearing was opened & closed: There was no public testimony. CONDITION OF APPROVAL 1. The Applicant is required to obtain a zoning compliance permit for the existing building on the subject parcel, and to pay the appropriate "After the Fact" fee. FINDINGS OF FACT 17.72.020 A. Findings as to the Need and Justification for a Change or Amendment. A rezone from the R -1 Single Family Residential Zoning District to the PL- Public Use Zoning District is needed for the purpose of removing doubt with respect to the property's ability to legally support the existing use. A rezone from the R -1 Single Family Residential Zoning District to the PL- Public Use Zoning District is justified because no alternative highest & best use has been presented. 17.72.020 B. Findings as to the Effect a Change or Amendment would have on the Objectives of the Comprehensive Plan. A rezone from the R -1 Single Family Residential Zoning District to the PL- Public Use Zoning District would be in conformity with the broad guidelines of the applicable comprehensive plan. A rezone from R -1 Single Family Residential Zoning District to the PL- Public Use Zoning District would provide positive reinforcement to the general principle that the Zoning Ordinance should be adhered to even in the case of locations not on the existing Urban Area road system. ROLL CALL VOTE ON MOTION UNANIMOUSLY COMMISSIONER SCHMITT stated in the previous case, page 80 for commissioners, for Lydick this was page 7 of 11 under public comments for Case S13 -006, there was a comment from Bob Scholze, Resource Management Officer, about there was some disclaimer language on the plat that he didn't feel was consistent with the borough code and do we need to affirmatively need to vote on that, Lydick stated that's been a topic of discussion for a while and it's unresolved at this point in time. He thinks the departments current position is if Mr. Scholze isn't satisfied with the language on the plat the borough won't sign that plat. They will change the language if they want the plat signed. His decision to resolve the issue that way was because of the concern on parties that this case be moved forward and not to gum up the 9/19/2012 P &Z Minutes Page 10 of 13 works because of a legal dispute between the surveyor and property owner. The easiest way to resolve it is that everyone understands that the plat is not going to be signed if the language appears on the plat. OLD BUSINESS There is none. NEW BUSINESS A) Case 13 -011. Request a disposal review of tax foreclosed property, according to KIBC 18.20.O30.A, for property described as Lot 17, Block 7, Baranof Heights Subdivision, 1st Addition. The applicant is the Kodiak Island Borough and the agent is Bob Scholze, Borough Resource Management Officer. The location is 1311 Larch Street and the zoning is R2- Two - family Residential. Lydick stated from time to time, the Borough is required to sell property delinquent on property taxes in order to recover taxes owed as well as penalties and interest. Tax foreclosed property that is not redeemed within the one year redemption period is transferred by Clerk's Deed to the Borough. Following satisfaction of extensive notice requirements, including certified letters and the physical posting of the property, tax foreclosed property can be sold at auction. The City of Kodiak has declined to exercise their right to redeem the property for taxes, penalties, and interest due as afforded by Alaska State Statute 29.45.450. Due to the advanced dis- repair of the property, the Borough has elected to move forward with the disposal procedure in an effort to minimize the escalation of costs attributable to the onset of winter. This action does not require that a public hearing be noticed. Staff is recommending the Commission find the property ill- suited for a public purpose, and recommends forwarding a resolution supporting the disposal to the Assembly. COMMISSIONER SCHMITT MOVED to adopt Planning and Zoning Commission Resolution No. 2013 -04 recommending disposal of Lot 17, Block 7, Baranof Heights Subdivision, 1st Addition as surplus to the borough's needs and to adopt the findings contained in the staff report dated September 8, 2012 as Findings of Fact for this case. Discussion FINDINGS OF FACT 1. There is no public need to be satisfied in the location of this tax foreclosed property. 2. The property is distressed and in need of repairs but there is no guarantee that any repairs performed by the borough would increase the return on the property at the time of sale. 3. There is a need to expedite the disposal process to sell the property to a qualified purchaser who can determine the best way to go about effecting repairs to redevelopment before change of season damages the property further. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY B) Planning & Zoning Rep on the Parks & Recreation Committee CHAIR TORRES stated that Casey Janz was the P &Z rep on the Parks & Recreation Committee but with her resignation we need a new representative. He asked if anyone is willing to be the P &Z rep. Smith explained that the Parks & Recreation Committee meets on the 2n and 4th Tuesdays at 7 p.m. in the KIB School District Conference Room and the meetings don't go any later than 9 p.m. and usually in the summer their meetings are cut back to 1 meeting a month. 9/19/2012 P &Z Minutes Page 11 01 13 COMMISSIONER SCHMITT said he's willing to be the rep. COMMISSIONER WATKINS MOVED to assign COMMISSIONER SCHMITT as the Planning & Zoning rep on the Parks & Recreation Committee. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY COMMUNICATIONS A) August 15, 2012 P &Z Results Letters B) Notice of Violation and Order dated August 8, 2012 C) Notice of Violation and Order dated August 16, 2012 D) Notice of Violation and Order dated August 16, 2012 CHAIR TORRES gave an update on the communication items. COMMISSIONER SCHMITT MOVED to accept communications as presented. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY REPORTS A) Meeting Schedule: • October 10, 2012 work session at 6:30pm in the KIB Conference Room. • October 17, 2012 regular meeting at 6:30pm in the Assembly Chambers. B) Minutes of Other Meetings • July 10, 2012 Parks & Recreation Committee CHAIR TORRES gave an update on the Reports items. COMMISSIONER WATKINS MOVED to accept reports as presented. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY AUDIENCE COMMENTS COMMISSIONER'S COMMENTS Rick Vahl said it was a drawn out case just with the comments coming after the deadline when it's in the bylaws; it confused him. With the facts the commission made a good decision and he thinks Pacific Seafoods will professionally address this and solve it so they will continue to be successful. Bill Kersch said he won't be here the month of October and requested to be excused. Tonight was different and he thinks it was a good outcome. Sonny Vinberg said the first case was difficult. He can agree with the people in favor but it is incumbent on the owner to make sure he's in compliance. It's just been drawn out way too long and we need to work to get a parking plan for downtown pushed forward. He received an email this morning that he forwarded on to staff, as a member of the American Institutes of Architects he received an email regarding the Sustainable Design Assessment Team. It's a program to help communities plan for future growth, sustainability, growth in general that encompasses all sorts of things including beautification. He thought it was appropriate that this email came today being with the current case on the docket. Alan Schmitt said his comments tie in with COMMISSIONER VINBERG'S and to ask staff to tell us what we can do to get things moving. With the land sale issue it's in the code that we have this specific role and it sounds like things are moving forward. He doesn't see that we have the 9/19/2012 P &Z Minutes Page 12 of 13 clear task of parking but we should in the context of planning. If it's to seek money to hire a consultant or what but clearly there is a problem down there. Across the street from Sutliffs they put in the retaining wall and created a lot of parking whether it's the section to the right of the ramp and Island Seafoods they haven't done that it won't be cheap to do. It sounds like an option. If there is anything we can do as a commission other than deny variances to move forward on it he'd like to see it happen. Rick Vahl asked if we have the funds for more commissioner training this year. Alan Torres said it's November 10 - 12th and Cassidy sent an email out saying we have money in the budget for it. He wants the commissioners to keep those dates in mind and it's in Anchorage this year at the Captain Cook Hotel. Torres said regarding the variance case tonight, he feels it was a good decision and it does move it on. He also agrees that there needs to be a parking plan for the area. Torres said he doesn't have a problem with going to the assembly work session. With Casey Janz resignation on PAC there are 2 P &Z rep seats on there and since then Sonny Vinberg has come on the commission and he wonders if Vinberg should just be moved over to the P &Z seat since he's on the PAC. Torres' next suggestion would be to remove the 211d P &Z position. Brent Watkins stated he will be here at the next work session but not for the regular meeting in October. Alan Torres mentioned that the commission has a vacant seat with Casey Janz resignation. ADJOURNMENT COMMISSIONER SCHMITT MOVED to adjourn. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY CHAIR TORRES adjourned the meeting at 8:05 p.m. KODIAK ISLAND BOROUGH PLANNING & ZONING COMMISSION By: Alan Torres, Chair ATTEST By: Sheila Smith, Secretary Community Development Dept. APPROVED: October 17, 2012 9/19/2012 P &Z Minutes Page 13 of 13 � s�il Kodiak Island Borough � � Office of the Borough Clerk -�' " -J 710 Mill Bay Road .� ;� t `� Kodiak, AK 99615 r Phone (907) 486 -9310 Fax (907) 486 -9391 �� fir rr niavier(a,kodiakak.us ` x4.:? www.kodiakak.us 25, 2012 Cheryl Brooking Wohlforth Johnson Brecht Carledge and Brooking 900 West 5th Avenue, Suite 600 Anchorage, AK 99501 Dear Cheryl: This letter is regarding Case No. 13 4)06 Requesting a variance, according to KIBC 17.195, reducing the required off - street parking from 22 spaces to 10 spaces, according to KIBC 17.175.040. This case is going to be heard before the Kodiak Island Borough Assembly sitting as the Board of Adjustment on Thursday, December 6, 2012 at 7:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska. This case is going to be heard before the Kodiak Island Borough Assembly sitting as the Board of Adjustment on December 6, 2012 at 7:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska. I will contact you if the Assembly is going to need legal assistance regarding this case. Enclosed is a copy of the appeal record. Sincerely, OFFI E OF A ABBOROUGH CLERK Nova M. Javier, M�,/�C Borough Clerk 1 � : Kodiak Island Borough � r h Office of the Borough Clerk r - ��' 710 Mill Bay Road �" ) Kodiak, AK 99615 , 4 �' Phone (90 486 -9310 Fax (907) 486 -9391 alk r-Ar b . z x `� niavier(a kodiakak.us 1 �- - www.kodiakak.us October 25, 2012 Mr. John Whiddon Island Fish Company, LLC 317 Shelikof Street Kodiak, AK 99615 Dear Mr. Whiddon, This letter is regarding Case No. 13 -006 Requesting a variance, according to KIBC 17.195, reducing the required off- street parking from 22 spaces to 10 spaces, according to KIBC 17.175.040. This case is going to be heard before the Kodiak Island Borough Assembly sitting as the Board of Adjustment on Thursday, December 6, 2012 at 7:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska. KIBC 17.100.050(D) states "Following completion of the record, the clerk shall, by certified mail, serve a copy of the appeal record on the appellant, the applicant, and on any party who paid for the preparation of a verbatim transcript as part of the record." Enclosed is a copy of the appeal record. Public hearing notices will be sent out and any written arguments submitted prior to the appeal hearing will become a part of the appeal record. Copies will be available upon your request. Please call me if you have any questions. Sincerely, OFFICE OF THE : •ROUGH CLERK a,, Nb Javier, MM" Borough Clerk / NOV 262012 rr I kiCS APPEAL HEARING FORM Case 13 -006 - Requesting a Variance, According to KIBC 17.195, Reducing the Required Off- Street Parking From 22 Spaces To 10 Spaces, According to KIBC 17.175.040 (Appellant: John Whiddon.l ❑ This written argument is in support of the appeal. This written fI argument is in opposition of the appeal. Name: LL' 11 ANA 1. SR'Me Residence Address: l( S Lie - Dr ∎v-Q_, \ QPASCR4 NQVAcQo— RS 012— Mailing Address: SA 1M 2 Comments: Se0 A. racL.eQ Written argument supporting or opposing the appeal may be submitted by email to njavierkodiakak.us, fax at 907 -486 -9391, mail or hand delivered to the Borough Clerk's Office, 710 Mill Bay Road, Room 101, Kodiak, AK 99615 prior to 5:00 p.m. on Thursday. December 6, 2012. All written comments submitted on this appeal shall become part of the appeal record. LELAND JAMES 1615 LIEGE DRIVE HENDERSON, NEVADA 89012 425- 652 -8571 January 20, 2012 Borough Clerk's Office 710 Mill Bay Road, Room 101 Kodiak, Alaska 99615 Re: 332 -334 Shelikof Street, Kodiak, Alaska 99615, parking appeal Case 13 -006 from 22 required parking spaces to 10. Dear Board of Adjustment: As the owner of the (NAPA) building across the street from appellant for some 33 years now we have watched the expansion of Pacific Seafood and their need for more space. Like my own property, in order to serve my tenant I purchased more land for parking in 2003. But when Kodiak Brewery became more successful it needed more room and more parking, so they moved. In their place a number of prospective restaurant tenants looked at the brewery space, but there was not enough off street parking. Pacific Seafood Group and the Kodiak Brewery have been successful, they need more space. As a building owner I've dealt with the ebb and flow of businesses at my property over the years. I shut down a very successful liquor store business on my property to facilitate the NAPA's need for more parking and to stop the drug and alcohol use around the premises. You have my prior letter and I assume it is still a part of your deliberations. The question remains can a company who now employees 90 people operate at that location with only 10 off street parking spaces, without encroaching on adjacent businesses to their detriment? Perhaps a period of reviewing the Pacific Seafood operation is needed before arriving at a conclusion. Ve „ an . James APPEAL HEARING FORM Case 13 -006 - Requesting a Variance, According to KIBC 17.195, Reducing the Required Off- Street Parking From 22 Spaces To 10 Spaces, According to KIBC 17.175.040 (Appellant: John Whiddon.) ❑ This written argument is in support of the appeal. Oil This written argument is in opposition of the appeal. Name: ThO/1X25 C L- -� >/22/? (116,: d7 1.Sf6 / Tg/`ieS asoYe Residence Address: //e7 5,, t /z-('l7j s z i?o%J /f�- S Mailing Address: � ii e / Comments: f Written argument supporting or opposing the appeal may be submitted by email to niavier(o)kodiakak.us, fax at 907 -486 -9391, mail or hand delivered to the Borough Clerk's Office, 710 Mill Bay Road, Room 101, Kodiak, AK 99615 prior to 5:00 p.m. on Thursday, December 6, 2012. All written comments submitted on this appeal shall become part of the appeal record. Fr -xED 2_. • THOMAS LORAN 410 SHELIKOF ST. KODIAK, AK 99615 December 04, 2012 Kodiak Island Borough Assembly Sitting as Board of Adjustment 710 Mill Bay Rd Kodiak, AK 99615 sent via email to njavier @kodiakak.us Re: Case # 13 -006 Island Fish Company /Pacific Seafood Kodiak Dear Sirs; I am the owner of lots 19A -1A and 19A -2, also known as 410 Shelikof Street. This property is occupied by my company, Alaska Hydraulics, Inc. I am providing comments regarding Mr. Whiddon's request for a parking variance on Shclikof Street. Respectfully, 1 ask that this request NOT be approved. The parking situation on Shelikof Street is already a huge issue and escalating daily. The street parking is already over stressed. This causes customers of surrounding businesses to utilize my parking lot. Then, my customers and my employees cannot park in our own lot. Or..often have someone double parked behind them so they cannot leave. We have incurred expense in trying to control our parking lot for our customers and employees as well as made some town folk mighty upset when we ask them not to park in our lot or put a sign on their windshield. Please help us be good neighbors by not forcing us to have non - customer vehicles towed. Also, we are trying to be a part of the cannery row community, and are trying to get along with our small business neighbors by not chasing their customer's off any more than we have to. In these tough economic times we should all help our neighboring businesses as much as possible. 1 spoke with many of our neighbors regarding this issue and they are all having problems and are sorry that their customers invade our space. Many of them have also incurred expenses and have employees who have to come to work an hour early just to get a place to park. In addition, the situation has made Shelikof unsafe to drive or walk. Our parking lot is the big "Shelikof U -Turn" for when people drive up and down the street looking for a parking space. People are pulling in to make a U -Tum, while we have a customer backing out and maybe a freight truck trying to deliver goods to my company or my neighbors. Many large trucks and delivery companies double park or block the road and tie up traffic. There is also a lot of pedestrian traffic and bicycle traffic. I have seen many near misses as many of the pedestrians are not paying attention or not following proper bicycle laws. As this community is already looking into how to make walking on Shelikof Street safer for ferry and cruise ship passengers, the parking situation should be taken in consideration for that effort. Just recently, the Kodiak Brewery moved and their parking space is now filled daily. Possibly this issue should be co- considered with the City government. Designating some parking spaces for a 1 -2 hour maximum, enforced by the City, is a possible partial solution. We all appreciate and respect what the canneries /seafood companies mean to this community; however, they need to take some responsibility as well. Find offsite parking with a shuttle perhaps? Thank you. 7///' Th O , . attachment Ls /' t II U Li, NOV 2 6 20■2 APPEAL HEARING FORM nr.'; `JGH CLERK'S OF ICE Case 13 -006 - Requesting a Variance, According to KIBC 17.195, Reducing the Required Off- Street Parking From 22 Spaces To 10 Spaces, According to KIBC 17.175.040 (Appellant: John Whiddon.1 This written argument is in support of the appeal. ❑ This written argument is in opposition of the appeal. Name: L- R s res, Residence Address: al 1 Qai SL S`C- Mailing Address: I' • Q c>6' t( S 3 ( P o C1\ a.� � M q C \c\tx �S Comments: - aty-d`r-tc °P? -Wt tegv.2� (\ 1^C1 \L S KC\ , ';' A N r - 1 o r.k Lv� c1t CI -S rt ?Gk. tr � �2� C�c.ca S A to sip acxS J v\rnvr I � �i r S iyr.k SS awr� � 0301 dTh' S \ h t aty- `\ Written argument supporting or opposing the appeal may be submitted by email to njavierkodiakak.us, fax at 907- 486 -9391, mail or hand delivered to the Borough Clerk's Office, 710 Mill Bay Road, Room 101, Kodiak, AK 99615 prior to 5:00 p.m. on Thursday, December 6, 2012. All written comments submitted on this appeal shall become part of the appeal record. APPEAL HEARING FORM Case 13 -006 - Requesting a Variance, According to KIBC 17.195, Reducing the Required Off - Street Parking From 22 Spaces To 10 Spaces, According to KIBC 17.175.040 (Appellant: John Whiddon.1 ❑ This written argument is in support appeal. of the a PP I it '','_ X This written argument is in opposition of the appeal. �<f i �_ i Name: ( o, DEC �C� i�i j i - fi 2(112 HI (H /310c m B Residence Address: BOROUGH CLERK'S o Fir Mailing Address: PO B» C" g((9 7 • Comments: c 477407017 • Written argument supporting or opposing the appeal may be submitted by email to njavierkodiakak.us, fax at 907 - 486 -9391, mail or hand delivered to the Borough Clerk's Office, 710 Mill Bay Road, Room 101, Kodiak, . AK 99615 prior to 5:00 p.m. on Thursday, December 6, 2012. All written comments submitted on this appeal shall become part of the appeal record. Kodiak Island Borough Assembly Board of Adjustment Case No. 13 -006 12/06/12 This appeal hearing has a lengthy history starting 10/26/2010 when Pacific Seafoods asked for a reduction in parking requirement from 17 to 10 spaces. See case #11 -011 which was denied as the conditions for approval were not met. This prompted an action letter which went to Pacific Seafoods on 12/17/2010, which did not provide any time frame for compliance. As such I requested a meeting to establish a time line for actions required. This meeting prompted a "friendly letter" which referenced 4/29/2011 as the deadline. I left Planning and Zoning feeling confident that actions would be taken. The results were very negative and after 16 months I filed a complaint on 5/1/2012. A letter of courtesy and advisement was sent to Pacific Seafoods, and a parking lot inspection on 5/16/2012 was acceptable to the code enforcement officer. Pacific Seafoods applied for a zoning compliance permit #CZ- 2012 -79 and building permits on the same date. This included a parking plan review indicating 21 spaces, and was signed both by the Planning and Zoning director and the applicant. This indicates an acceptance of the parking plan by Pacific Seafoods. On 5/17/2012 I watched the available parking spaces of the applicant being used for purposes other than parking. On 5/22/2012 the code enforcement officer drove by on Shelikof 666 91-1070 74kGN (ff%ER s // (2 ota. ,4ij %, fr4 ( E CV M/Lafts_s J Street took a photo of the violation, and hand delivered a notice of violation and order to Mr. (E Whiddon. SEA ft 114 / Mr. Whiddon sent an email to the code enforcement officer questioning why a follow up inspection was happening. See attachment "A." On 7/5/2012 another very similar variance request ( #13 -006) was filed. That variance request only differed from the first variance request ( #11 -011, dated 10/26/2010) in the number of spaces requested, from 17 spaces to 22. This change came about when it became apparent that the applicant was not providing accurate data in calculating the parking requirements. This second variance should not have been heard as it was not substantially different from the previous request. To my dismay, after I verbally objected, the request was accepted and heard before Planning and Zoning on 9/29/2012. It was also denied for failure to satisfy the conditions for approval. During my information gathering, I learned of several other violations and other questionable actions that the applicant had committed. As an example, they moved their fence onto city property and placed their equipment on city property without permission or approval. This appears to be a legal issue of trespass, in my opinion. This was brought to the attention of Planning and Zoning by a board member during a work session, but no further action was taken as the board member was hushed u b staff at that .5'e g it HM't f-r point. In reviewing that recording of the 9/12/2012 work session, I was stunned to hear Mr. Whiddon provide over 6 -1/2 minutes of public testimony about the case, as I was informed that no public testimony was allowed. This appears to be a very inappropriate action on the part of the applicant. FOWL P nn 4-2 W' 6, g t( g In addition to this action, Mr. Whiddon sent emails to the borough to coordinate the hearing with his own schedule. I question whether all applicants receive the same special treatment. " - MA'�"'t CC In addition to these previous items, on 12/2/2010 the applicant got a driveway access permit which requires subsoils and concrete to be tested by the City Engineering Dep artr ent. (See attachment B, note #3, Drive Access Permit.) I requested the test results and receiv d a letter from the Building Dept. saying that they have no record of "proof of testing and acceptance" at the Public Works or the Building Dept. This appears to be a disregard of the permit requirements. This curb cut has effectively eliminated 3 on -sheet parking spaces that existed before the driveway access permit was issued. This variance should be denied as the burdens of this business expansion should tmot be placed upon the surrounding businesses. Pacific Seafoods calls their company a family ( business, and they may be, but as a very large company they need to be responsible neighbors. Their actions of the past are not indicative of being a "good neighbor." In response to the letter of application from Pacific Seafoods to the board of adjustment, I would like to address several statements they provided. Pacific Seafoods states "They have expanded the business." They went from 3 to 90 employees and are only required to provide 21 spaces on site. Now they request 10 spaces to serve the 90 employees and a retail seafood market. This does not seem equitable to me. Pacific Seafoods states "Efforts were made to both accommodate the necessary growth and maintain the required off - street parking." They did not explain what efforts or actions were taken. I consider this statement to be very hollow and lacking in substance. Pacific Seafood states "The majority of processing operations and retail businesses along Shelikof Street operate under an exemption for nonconformance or `Grandfather clause' with regard to parking." This statement is false and can be verified by the Planning and Zoning Dept. Pacific Seafoods states "Staff made an error in calculating the required parking for this property." In addressing this point, it is necessary to understand that the applicant is responsible for the parking plan and when inaccurate data is presented by the applicant, as was the case, the staff cannot assist in an accurate calculation of parking required. The additional 5000 sq. ft. added to the calculation was provided by my observation of the plant and review of the data that the applicant had provided. It was determined that the second floor had not been counted even though offices, lockers, break rooms and restrooms are located on that floor. Mr. Whiddon signed all zoning compliance permits and parking plans indicating acceptance of the conditions described. Pacific Seafoods states "The plant was built to the maximum limit to accommodate 18 parking spaces." They have not provided 18 spaces of parking in the past 5 years that we have owned the neighboring property. Pacific Seafoods states "Fish totes, offloading and sorting conveyers — all of which need to be kept on site." This is not true, as other processers in the area regularly transport their equipment to off site locations, such as gear sheds and warehouses located in other parts of town. Western Alaska Fisheries, Ocean Beauty Seafoods, Alaska Pacific Seafoods, ISA and Alaska Fresh Seafoods all have off site storage for fiber and equipment as well as fishing gear from the fleet. Pacific Seafoods states "The plant would be forced to shut down, resulting in the layoff of 90 employees." They certainly are not going to shut down their plant over a minor issue such as parking. Pacific Seafoods states "We find the system to be unfair and inequitable," in reference to KIB code Chapter 17.175. This is the code on record that all citizens are required to follow and the code is being revised. If Pacific Seafoods has some good ideas, perhaps they can get involved in the new code revisions. But to cry "unfair" is not the way to address their concerns with the current code. It has come to my attention that Pacific Seafoods is involved in final purchase negotiations with the Ursin property, located on the adjacent lot, which could potentially be used for their expanding needs for parking. It makes no sense to provide parking relief to this large business and thus burden the surrounding businesses that are already competing for parking space, when Pacific Seafoods has an available alternative. Pacific Seafoods has outgrown its current facility and must provide an acceptable solution to their parking problem. They have not provided any alternate approach to remedy this issue besides eliminating their responsibility. They could provide a bus as Cook Inlet Processing once did. A tandem parking arrangement would help, or they could arrange for parking on the new property next door. Whatever solution is chosen, it should not burden the nearby businesses with the expansion of Pacific Seafoods. This should be denied. Thank you, Chris Wing Chronology of Parking Variance 12/15/2010 Variance request denied 11 -011 12/17/2010 "Action letter" from Planning & Zoning 1/15/2011 Chris Wing requests meeting to establish a deadline for compliance (4/29/2011) 1/27/2011 "Friendly letter" not a courtesy and advisement letter. Deadline 4/29/2011. Pacific Seafoods machine shop, located at 330 Shelikof St. must obtain zoning compliance permit (last one on record in 2007, Planning & Zoning) 16 months of no action 5/1/2012 Complaint filed by Chris Wing, as conditions of approval were not being met 5/1/2oi2 Letter of courtesy and advisement sent 5/16/2012 Parking inspection — OK enforcement officer. 1 day only — see follow up photo. 5/16/2012 CZ- 2012 -79 Approved by Bud. Associated parking plan submitted (22 spaces.) Building permits pulled. 5/22/2012 Code enforcement drives by to see violation continues. See 5/22 photo. 6/5/2012 Notice of violation and order. KIBC 17.220.020 Commencement of appeal — stay 6/19/2012 Decision final — 10 working days 6/19/2012 Appeal period has expired — in violation 7/5/2012 Additional variance request filed #13 -006 Variance request is very similar to previously denied variance request. 9/19/2012 Variance request denied ( #13 -006) 9/24/2012 Board of Adjustment — Appeal application Jack Maker From: Jack Maker Sent: Wednesday, May 30, 2012 8:59 AM To: 'John Whiddon' Cc: Bud Cassidy Subject: RE: Notice of Violation John, We have not received a new complaint. The containers and equipment in designated spaces where noted on my regular patrols (which include Shelikof Street) prior to my sending the standard notice of compliance to close the received complaint, therefore I'm unable to send that notice and the complaint remains open. Thanks, Jack rte. t.•„n•< f.e....r &R.r..i, N. Jack L. Maker Code Enforcement Officer Community . Development Dept. 710 Mill Bay Road Kodiak, AK 99615 (907) 486-9364 (907) 486 -9396 (fax) jmaker@kodiakak.us http://www.kodiakak.us From: John Whiddon f mailto :iwhiddon@pacseafood.coml Sent: Tuesday, May 29, 2012 4:32 PM To: Jack Maker Subject: Notice of Violation Jack Just to clarify, did you come down on your own initiative to determine if we were in compliance or were you responding to another complaint? If it was on your own, is that outside of the normal boundaries that are complaint driven? It would be helpful to know the details as I file the variance request and work through this with the consultant. Tks John John Whiddon 1 General Manager Pacific Seafood Kodiak 317 Shelikof Avenue1 Kodiak, AK 99615 t: 907- 486 -8575 1 c: 907 -539 -2973 e: jwhiddon@pacseafood.com �R fpAel re&V OOrJ Li dthiArierit(_4") 1 • . zs=c CITY OF KODIAK . 0 Building Department DRIVE ACCESS PERMIT Applicant Property to be Accessed Name ( Permittee) PAct Fly, - Cf-Socro Street Address 1 3 / ) S,vt / //ce•e 57- ∎p, Signature 4,,, L4ekr -, F-r.AD/, / Date A:9 41 12n1 0 Legal. Description i/0c 7•Ger Al - Z6 Mailing Address 3 /7 SM /kor 5 T ref 0.3466 j E Street Address s 17 SHy/ //d9F SP I u D ECD n yyfr ` �!U) :6k�' a 3 Kaci in 9�/ati Driveway Information — See Sketch on Back -SCE Aea.o y 4 4 9 Driveway Length 40 I Driveway Width Driveway Elevation Difference b a Computed Grade Does Driveway Cross a Ditch? pt d If Yes, a Culvert is Required NIA Culvert Diameter Nia Culvert Length N/A Notes: 1. The street may be considerably narrower than the width of the right -of -way (ROW) at this time. It is likely that sometime in the future the full ROW will be developed. This is the reason for requiring a 2% slope to the edge of the ROW. 2. Attach a sketch or drawing showing the position of the driveway on the lot. Note whether the dimension and elevations have been measured by survey or estimated. A survey may be required if grades are close to the maximum. 3. Existing curb, gutter ,and sidewalk must be replaced by a professional concrete contractor, in full conformance with the City of Kodiak Standard Construction Specifications and Standard Details, at the full expense of the Permittee. Individuals with professional concrete construction experience may be granted permission to perform the concrete work on submittal of qualifications to the Building Official. The subsoils and the concrete must be tested. Call the City Engineering Department (486 -8065) to schedule testing. Concrete tarts iroltested by the City or concrete placed on soils not tested by the City will be removed and replaced at the full expense of the Permittee. 4. Driveway Access must comply with Kodiak City Code, Chapter 14.26. Permit Granted on: / L 0 Reviewed by: ,l : t Granted by: •a , Title: i 9 - 0 / ' , / . Materials Tested: d .4 &civil et4+ CI3 ) — Copy of Kodiak City Code, September 2004 CHAPTER 14.26 DRIVE ACCESSES 14.26.010 Administration and enforcement. The administration and enforcement of this chapter shall be the duty of the city building official who is authorized to take such action as may be reasonably necessary to enforce the purposes of this chapter. The city manager may appoint or authorize an assistant or agent to the building official if necessary to carry out the provisions of this code. (Ord. 699 (part), 1983) 14.26.020 Permit required. It shall be unlawful for any person, firm, association, or corporation to construct a drive access on city-owned property or rights-of-way, or property adjoining city-owned property or rights - of-way without first obtaining a separate permit from the building official (Ord. 699 (part), 1983) 14.26.030 Application for permit To obtain a permit, the applicant shall first file an application therefor in writing on a form famished by the building official for that purpose. Every such application shall: (a) Identify and describe the work to be covered.by the permit for which applicatioais made; (b) Describe the land on which the proposed work is to be done by legal description, street address, or similar description that will readily identify and definitely locate the proposed ate; (c) Be accompanied by plans, diagrams, compulatinn` and specifications or other data as required by the building official; (d) Be signed by the permittee, or his authorized agent, who may be required to submit evidence to indicate such authority, (e) Give such other data and information as may be required by the building official (f) Unless the application is submitted in conjunction with a building permit application, it shall be accompanied by any required fees established by resolution or motion of the city council (Ord 938 §7, 1992; Ord. 836 §11, 1988; Ord 699 (part), 1983) 14.26.040 General r equirements The Mowing requirements shall apply to all construction governed by this chapter (a) All drive accesses, driveways, or road approaches shall be constructed and maintained in such a manner that the street and all its appurtenances or facilities inchreffng, but not limited to, all drainage pipes, culverts, and utilities shall not be impaired or endangered in any way by the construction or maintenance of this facility. (b) Standard drive access width shall be fourteen (14) fret. (c) Standard grade from shoulder of roadway to property line shall be -2% (d) The algebraic difference in grade shall not exceed 14% inside the property line. (e) If a culvert is required, the ditch depth, culvert type, length, and size shall be determined by the city engineer. (Ord 699 (pmt), 1983) 14.26.050 Inspections. (a) All construction or work for which a permit is issued under this chapter shall be subject to inspection by the building offrcial. A survey of the property may be required by the building official to verify that the facility is located in accordance with the approved plans. It shall be the duty of the permit applicant to cause the work to be accessible and exposed for inspection purposes. Neither the building official nor the city shall be liable for expense entailed in the removal or replacement of any material required to allow inspection. (b) A copy of the penult must be on the construction site. If it is not, the city reserves the right to stop construction until such time as the permit is posted. (c) The city reserves the right to inspect and reject materials or workmanship not to city standards, to stop construction until corrections are made, or to require removal of the facility and to charge time and equipment to the pennittee for corrwlion (Ord 699 (part), 1983) 14.26.060 Liability. (a) All drive accesses, driveways, or road approaches constructed under this chapter on any city-owned property or rights-of-way than be the property of the city. All costs and liability in connection with the construction or maintenance of said accesses shall be at the sole expense of those lands and/or persons served. @) The permittee shall adjust, relocate, or remove this facility without cost or liability to the city ii; at any time, or from time to time, the use or safety of the street requires this to be done. (c) The permittee shall assume all liability or costs in connection with the facilities and shall hold harmless the city, its officers, agents, employees, and/or contractors in any matters pertaining to the facilities for which the permit is issued. (Ord. 699 (pmt), 1983) r � • - • EL6'-L. TI>M /SF?l�'/EFl � -� ' ' E/w E q..q -4�N N - 1 ,�31�.ffi V `` o it a i t \\ \ �� • X11, izz ,4 � • i o iN4 O ptt O p /NG _ `\ C � --- - t A +t h A il +1 m' i m mik lskit r_. -T.:, % Ngibli_ . ,_i 0 . 5 aiip.\ o \t3 . .. . foegsbi. _ f „ - _ S�3i1eP�L ; N b , y „. :1 ;L i+' ` 1 , ma iyfTqL.'Z' AG/N6 11- - BtILKi/Ew0 . \ ”' L,Nv pack- g • ccite \ J - • . A r. . , 2 0 - , g C.4144 0 — Z/5.0 s 6T /7• /Or IA/ ST PAUL tiA a °1:1 ` � t i P r l lL' _ Pte' __ t i t. I � KO O 9 K ri. BUILDING DEPARTMENT AS 710 MILL BAY ROAD, ROOM 208 KODIAK, ALASKA 99615 dmathers @city.kodiak.ak.us TELEPHONE 907- 486 -8070 thansea,citv.kodiak.ak.us 907- 486 -8072 FAX 907 -486 -8071 5/3/2012 From: D Mathers, Building Department To: Clerks Office Regarding: Public records request for test reports at 317 Shelikof Street. I have searched and reviewed both address file and electronic file for above property and did not find a record of "proof of testing and acceptance' as requested by Christopher Wing on 4/30/12. I have also talked with Public Works Director, Mark Kozak and he confirmed that the Public Works and the Engineering Departments do not have any records of such testing. D Mathers City of Kodiak Building Official Martin L dick From: Duane Dvorak Sent: Wednesday, October 17, 2012 10:09 AM To: Martin Lydick Subject: FW: Appeal Date - Board of Adjustment - December 6 FYI. - -Duane -----Original Message From: Nova Javier Sent: Friday, October 12, 2012 10:18 AM To: CAROL AUSTERMAN; CHRIS LYNCH; DAVID KAPLAN; FRIEND (jerrol .friend @kibassembly.org); JEROME SELBY; LOUISE STUTES; MEL STEPHENS (mmstep @gci.net); TUCK BONNEY; BONNEY; FRIEND; KAPLAN; LYNCH; STUTES Cc: Bud Cassidy; Duane Dvorak; Griffin, Aaron (agriffin1977@gmail.com) Subject: Appeal Date - Board of Adjustment - December 6 Hello everyone, Mr. John Whiddon noted that he will be available on December 6 for the Board of Adjustment appeal hearing. Thank you, Nova Ms. Nova M. Javier, MMC Borough Clerk PUBLIC RECORDS LAW DISCLOSURE: This e -mail and responses to this email are subject to provisions of the Alaska Statutes and may be made available to the public upon request. Original Message--- - From: John Whiddon Jmailto:jwhiddon @pacseafood.coml Sent: Friday, October 12, 2012 10:09 AM To: Nova Javier Subject: Re: Appeal Date I will be available Dec 6 Sent from my iPhone On Oct 12, 2012, at 9:43 AM, "Nova Javier" < niavier@ kodiakak .us<mailto:njavier @kodiakak.us» wrote: Hi John, The Assembly cancelled the November 15 Regular Meeting. I would like to verify that December 6 will work with your schedule for the appeal hearng on this case. L ))d a, I apDRc &vizS 0 -- fe a ogl I would appreciate hearing from you by email. 1 9 CJ ileac 5c u% a s - Ae y v7oi 41/ e- ( c ) • Thank you, Nova Ms. Nova M. Javier, MMC Borough Clerk PUBLIC RECORDS LAW DISCLOSURE: This e-mail and responses to this email are subject to provisions of the Alaska Statutes and may be made available to the public upon request. From: John Whiddon Jmailto :jwhiddonftpacseafood.comi Sent: Thursday, October 11, 2012 11:50 AM To: Nova Javier Subject: Appeal Date Nova Per our conversation, I will be traveling to Portland on November 7th — 12th on business and had planned to continue on vacation through the end of November. I would like to know as soon as possible if the appeal will go before the Assembly on November 15th so I can rearrange my travel plans. Regards John John Whiddon 1 General Manager Pacific Seafood Kodiak 317 Shelikof Avenue 1 Kodiak, AK 99615 t: 907 -486 -8575 1 c: 907 -539 -2973 e: jwhiddon@a pacseafood. com< mailto :jwhiddongDpacseafood.com> < image001. pngx http:// www.pacseafood.com /default.aspx ?page =1> < image002 .pngxhttp: / /www.facebook.com /PacificSeafood> <image003. pngx http: / /twitter.com / #! /pacificseafood> <image004.pngxhttp://www.youtube.com/pacificseafooderoup> 2 V Prosy CO rvi ex f 6 7J10 TT r"4.4.44jn>" _ tTZ7 c'---z -... t . '.-' 4 2 ! ' •• ' L ::••••'''':•71.:' ,,... 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I ' .. .■ 0 ' ' t ISLAND SEAFOODS PROVIDE DEEPER DRAFT DOCK SITE LAYOUT PLAN FACILITY MODIFICATIONS i AND EXPAND FACILITY REMOVAL OF EXISTING DOCK i FOR SAFETY REASONS DATUM: 0.0' MLLW I ADJACENT PROPERTY OWNERS: ISLAND SEAFOODS AT: ST PAUL HARBOR I KODIAK ISLAND BOROUGH 317 SHELIKOF ST. IN: KODIAK, AK ' NORMAN URSIN SR. KODIAK, AK 99615 OCT 4, 2010 SHEET 2 of 5 i 4 STATE OF ALASKA F. a AirsteArt . 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PAUL F/ARB C✓ n Cz -2O,. -7? Building Square Footage Total = 14,180 4' _57 c t'/z— Parking Calculation (14,1801700) = 20.26 - Parking Spaces Required = 21 (20.26 rounded up) • = go U 52 +® es i l tm T2 61 Vcz l u bL._ S- • -cooc e ochli4 5 , 8I oCL1,925 �roX 4'O7 0 Q- kJ: -This YY le. e 4ve_c 607, KODIAK ISLAND BOROUGH Community Development FEE: $20.00 710 Mill Bay Road 07m 205), Kodiak, Alaska 99615-6140- Phoe:(9071486 -9162 ZONING COMPLIANCE PERMIT Permit #: G v 97 —r)., i 1. Property Owner /Applicant: Atgrtir J «AIF:.W.?_ parking required identification of parkin P o 0. 3 • <4 tgt �� y' Number an d size larkin pun gipattsis rttuimdY Nm 1 2 337 Mafrng.cheat: 521 SI}f.�"1 OW e, Phone: ' r%. -a irAt13.. l corn, i n nrw 9'x18' SLY, reS e'ra r , i rr.9 2. Legal Description: AT 1 5 _ ( °I l r N',3! oll,tteehi.ding re nn o44:- bi -xt /0 -2,rol sr no cree Street Address: S � 1 5 ke.; �r Sr tax Cde8:� � ''��l',.,�,, �, Plat related requirements (e.g plat notes, easement., subdivision conditions, etc Y. f l ' fl✓`P $IV,- -in 3. Description of Existing Property/current7.in : Tr-, r \�-s—Ir • Minimum Required lot Area:_ Width: Other requirements leg., zero Ind line, additional setbacks, pojeniontinb yards,toeening, etc.):' ScP y Actual Lot Area: //4 - 7 - 1)R SL Width: Minimum 0.epl(red Setbacks: Sides: ems." -. eke- J - ■: ins • • C• front: as a. Po... 1 II; - .ems. Rear: nn Yw e r q r- >. Ere CrXe. Coastal Management Program Applfcabk Polices (check appropriate categoryi - Reykkwial: gwfners:_ Maximum Building Height: a • a' • - . aT pia A a' -.-' a aa "r , 75 Irdusblal:_ V _Other 040: Use and d Wa tire of existing sin/clines the lot: I.X151 1YIG Sesa..0 0 �j r") r R51 Is to proposed action consistent with the Kit Coastal Mam8tmeni Program? - Yes: \/ No: L9 \• ArnT / If to proposed action conflicts with the Coastal Management Program policies, aruch a sheet that nines the polrcylies / describes the co'nfic11st and specifie s condition to mitigate the conlicgtl.Attachment - Yee No: 4. Description of proposed action(. ch site pan: S - _ 'o.' /0' Ad. •act o - Ss Yx. 5 ‘.-4!-' ( arm c. -.I . AL - c 1n . _ O Y e ask act/ Phi' ( .A • era A. THIS FORM DOES NOT AUTHORIZE CONSTRUCTION WHEN A BUILDING PERMIT I5 REQUIRED Expiration: A conin compliance permit will become null and void B the building of use authorized by path permit is not commenced with lea da (ram the dale M itsuarce. or.il the building construction or use is abandoned al any lime, alter the work is commenced.' or a period of I00 da rs. Bel ore such work can be recanmenced, a new permit ball be first obta ed la do so. Dec. 303 00 Expiration, 1991 Uniform Building Coded per KIBC 17.0. 5. Applicant Certificat ion: t herd 1yrrnif that livreamply with the provi■ign of 6a• K«xa& heed 13.acongn rrd awl that l have the authomy In ewnlyhh ar I$eproPedrawnrvr. or a, a repro,/ wave ra th'I +uµ vry owner. l agree kt have identifiable corner markers in place in the RR] Or vilifntion of ,AMA. 000030 0000E F, /' 1O ' II/1 0/31 ❑ f op eyC7 `'e' C/ �.! 74 W / tine:!% ENG • Date: / > 14:42, <'° 5uppmting deco tullache 0Mv5P. 9k' Man: MYuill survey suer Ms* pRIU FLE Alm; ig iii 6. Community Development stall for zoning, by :_ _ I ? Li., -3 -1 / A..,, nee: ±'n -�/�e(' pate. 1 I / 10 /1 ¶ ` `4 7. Fire Chief Wily of Kodiak, ri.e District n(gayadel. Womem Bay aire District] approval or WCDenions mlo> and i0.301C1 by wire • i ' 8. Driveway Permit (Sew City el Kodiak. Borough) issued by: Date 9. Septic system PLAN approved by: CDR 1. Devilmeime lido tnriuinall / Building ordinal / Nniinnl / Ase..lnu e• N o . Kodiak N Island .4 N 0 N •1 k 57° 47' 11" N Project ). 4f i" , 0 100 Z00 I t St. Paul Harbor Scale in Feet tibb oa i ;,' Fl , i Vicinity Map 0 500 1000 1 Scale in Feet A Shelikof Avenue Property _ I - ____ Line ` �_ 1 - Tidelands Tract N -31 B ...0- Y Existing - N-15 Proposed '" Processing N -20B • Rock Fi11 -i Plant sting _, Existing lkhead " �,q4 /� T Fill , Existing DockExisting k Proposed -12.5 -12.0 i Dock .- 212' { 60' St. Paul Harbor Proposed Fill Addition In: St Paul Harbor PLAN At: Kodiak, Alaska Purpose: Parking $ Storage Area for Commercial Fish Plant Application By: Datum: MLLW National Ocean Survey Western Alaska Fisheries, Inc. Adjacent Property Owners: P.O. Box 2367 N -15; King Crab, Inc. Kodiak, Alaska 99615 N -20B, International Seafoods ST. PAUL HARBOR 31 Sheet 1 of 2 Data 9 -23 -87 31JEL,IKOF. . SIRE. . N 67 J� r %p' o� py G 1 /NG 4� 1 ` - � __ - E EG \ w _ d '/ U , J , 5 • , „, V r / A .a . . ., JS O t A ; 1 �, I'3� Qy'7 / �' \ z. F p,.. a O , L _cc rt T Y 4 �. . � ,, : ,.... . .. . . ,„,3 . , . , % \ . •1 .. . . ® i % /o'w 2/s.os' .. y 67'/7' : � pa f K - /974. -/ a 55 df /a. - E*<( • ST. PAUL NARBO w” Cz -20. - 77 Building Square Footage Total = 14,180 A,< s /472- Parking Calculation (14,180 / 700) = 20.26 • Parking Spaces Required = 21 (20.26 rounded up) -- //= 30 � U5c - I@ P/selli al2 ti °Val I a Al g_ 5-9,„ •; e 4fhltq . Bf1 6cG(,ras �rc 4/O7 ' • d> 4 UG l (c? b it ki 1 5 11 /e 4 Ues (OZ, H n � r • �Lt ,✓ic, • J • KODIAK ISLAND BOROUGH Community Development FEE: $20.00 710 Mill Bay Road (Rm 2051, Kodiak, Alaska 99615-6340- Phone: (907)486 -9362 ZONING COMPLIANCE PERMIT Permit #: C. z- 9 —0( ( 1. Property Owner/Applicant: na ! ?211: t g. Number and size of p y � pp : parking spaces required (onsile identification of parking spaces is required • Yes: No: ) 23 Mailing Addres EZ c€440,1 VLF Ne,, Phone: u [/ or ' y gFA i . I `f aril I � c n C A I I / .c I ` ' 5 (y rP -5 Cr'? L f e/L 2. Legal Description: I__ �� _ (' � t 1 1 r , t V — Off-street loading requirement: a , eu ' sb V i 0. _ s ! _ u w — � . l r - • Street Address: 5.21 5 ✓ e-1 I koT 51 . Tax Code #: R I Of OC OC 9 0 Plat related requirements (e.g., plat notes, easements, subdivision conditions, etc.): Y1 f✓�f . SI'�O -/r1 3. Description of Existing Property/currem ? r i Li—ST—HQ Minimum Required Lot Area: // r Width: Other requirements (e.g., zero lot line, additional setbacks, projections into yards, screening, etc.): - S P.a ' 9 Actual Lot Area: I /y D R S 1 Width: Minimum Required Setbacks: Sides: e CX 1 _ '. f c5 C - i_ - '.1 -. e Y as - • B Front: r'r-,,,,e C( '• -b7, / VL (pd+ Rear: r c, y' e / e a r 7 c /L (Foa Coastal Management Program Applicable Polices (check appropriate cate - Residential: Business:_ • Maximum Building Height: a _ / - ._ _ST Gx ` - U.1 - Industrial; ' Other (list): Use and size of existing structures on the lot: E."C 1 5 S ea., a O co pre C_C SS I Is the proposed action consistent with the KIB Coastal Management Program? - Yes: N./ No: L AST If the proposed action conflicts with the Coastal Management Program policies, attach a sheet that notes the policy(ies), r I 1 describes the conflict(s), and specifies conditions to mitigate the conflict(s). Attachment - Yes: No: V/ 4. Description of proposed action (a .ch site plan): , V P......./ 9 O � x 1 I O a Cia i Ti or\ ro Pxi STYE 5\•-•4•r'i on ' I Qre S - -- of 0 — el I' iii 1 . • / ■ a OS I ' a- a CIS or\ k arEick l - . I ,- I_ aT se t Lt_ 'a cr / - I - /'4 ,Yl P_ l" Cr‘ f P r' k Qc�f' k �,'\ c po. e f L-1 Si he. P�'\ a (' IC — - W I T a .h IM MO" nr c; b _5 i� . o THIS FORM DOES NOT AUTHORIZE CONSTRUCTION WHEN A BUILDING PERMIT IS REQUIRED Expiration: A zoning compliance permit will become null and void if the building or use authorized by such permit is not commenced with 180 days from the date of issuance, or, if the building construction or use is abandoned al any lime, after the work is commenced, for a period of 180 days. Before such work can be recommenced, a new permit shall be first obtained to do so. (Sec. 303 (d) Expiration, 1991 Uniform Building Code) per KIBC 17.03.060 5. Applicant Certification: I hereby certify that l will comply with the provisions of the Kodiak Island Borough Code and that 1 have the authority to artily this as the property owner, or as a reprosrntative of the lainxrly owner. 1 agree to have identifiable corner markers in place in the field for verification of setbacks. 0030 006025405 e � � "� p C-21 '' 1 41-- � / — Tile: a �/ - (CT- g / p 11/10/S7 11 1 b 14; t':tll foil .. X y: (1 r 1 / I /t ; S4' ,- Dale: p / 1 1 L C, , ; Supporting docu nts attache u heckl: Site plan: As-built survey: Other (lisp: FREE FbRii i_ NE RI 6. Community Development staff for zoning, b :_Z,r L Title: FL I C/ o/t / itii Y p g. __ Y G'1/� -( Date: 1 7. Fire Chief (City of Kodiak, fire District #1 Wayside), Womens Bay Fire District) approval for UFC (Sections 10.207 and 10.301C) by: Da iv: ' 8. Driveway Permit (State, City of Kodiak, Borough) issued by: Dale: 9. Septic system PLAN approved by: Dale: 1- Oi.IriluIion File loriu ina 1) / Building t )(final / Apult1 ant / A,.se..ine - Kodiak Island Borough Assembly Regular Meeting Guidelines December 6, 2012, 7:30 p.m., Borough Assembly Chambers Please announce: Please remember to turn off ringers on your cell phones or put them on vibrate. 1. INVOCATION Major John Quinn of the Salvation Army. 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL KIBC 2.16.070.... the Chair shall cause the record to reflect the absence of the member, the REASON for the absence, and whether the absence is excused by the Assembly. Recommended motion: Move to excuse Assembly Member Stutes who is out on personal leave. VOICE VOTE ON MOTION. 4. APPROVAL OF AGENDA AND CONSENT AGENDA All items listed with an asterisk (*) are considered to be routine and non - controversial by the Assembly and will be approved by one motion. There will be no separate discussion of these items unless an Assembly member so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda. All items in yellow are consent agenda items. Summary of Consent Agenda Items: * Special Meeting of September 22, 2012 and Regular Meetings of October 4, October 18 and November 1, 2012. * Approval of the Kodiak Island Borough Assembly 2013 Meeting Schedule. * Assembly Appointments to the Bay View Road Service Area Board. Recommended motion: Move to approve the agenda and consent agenda. VOICE VOTE ON MOTION. 5. APPROVAL OF MINUTES * Special Meeting of September 22, 2012 and Regular Meetings of October 4, October 18 and November 1, 2012. / \ PLEASE ANNOUNCE: t Due to the delay of the radio broadcast and web streaming, please place your \ / calls at this time to speak under Citizens Comments. Your call will be placed in a queue and answered at the appropriate time. Local: 486 -3231. Kodiak Island Borough Assembly Guidelines December 6, 2012 Page 1 6. AWARDS AND PRESENTATIONS A. Student of the Month for November 2012 • Reymark Galleto, a Junior at Kodiak High School — Mayor Selby 7. CITIZENS' COMMENTS (These are limited to three minutes per speaker.) A. Agenda Items not scheduled for public hearing and general comments. Read phone number: Local is 486 -3231; Toll Free is 1- 855 - 492 -9202. Please ask speakers to: 1. sign in 2. state their name for the record 3. turn on the microphone before speaking 8. COMMITTEE REPORTS — None. 9. PUBLIC HEARING — None. 10. BOROUGH MANAGER'S REPORT (Administrative Official Cassidy) 11. MESSAGES FROM THE BOROUGH MAYOR 12. UNFINISHED BUSINESS — None. 13. NEW BUSINESS / \ PLEASE ANNOUNCE: STOP. Due to the delay of the radio broadcast and web streaming, please place your \. / calls at this time to speak under Citizens Comments. Your call will be placed in a queue and answered at the appropriate time. Local: 486 -3231. A. Contracts — None. B. Resolutions 1. Resolution No. FY2013 -02 Reestablishing the Fees of the Kodiak Island Borough. Recommended motion: Move to adopt Resolution No. FY2013 -02. Staff Report — Administrative Official Cassidy Assembly discussion and amendments may be offered at this time. ROLL CALL VOTE ON MOTION. Kodiak Island Borough Assembly Guidelines December 6, 2012 Page 2 2. Resolution No. FY2013 -15 Authorizing Terms and Conditions For Sale of a Tax Foreclosed Property Legally Described as Lot 17, Block 7, Baranof Heights Subdivision 1 s` Addition at Borough Land Sale Number Seventeen. Recommended motion: Move to adopt Resolution No. FY2013 -15. Staff Report — Administrative Official Cassidy Assembly discussion and amendments may be offered at this time. ROLL CALL VOTE ON MOTION. 3. Resolution No. FY2013 -17 Authorizing the Kodiak Island Borough to Submit an Application for a Loan From the Alaska Clean Water Fund for the Landfill Lateral Expansion Project, Phase III. Clerk's note: Attached on yellow paper is a corrected copy of the resolution. Recommended motion: Move to adopt Resolution No. FY2013 -17. Staff Report — Administrative Official Cassidy Assembly discussion and amendments may be offered at this time. ROLL CALL VOTE ON MOTION. C. Ordinances for Introduction 1. Ordinance No. FY2013 -10 Accepting a Grant From the Alaska Division of Homeland Security and Emergency Management Under the Homeland Security Grant Program (HSGP) for Kodiak Area Emergency Operations Plan Update. Recommended motion: Move to adopt Ordinance No. FY2013 -10 in first reading to advance to public hearing at the next regular meeting of the Assembly. Staff Report — Administrative Official Cassidy Assembly discussion and amendments may be offered at this time. ROLL CALL VOTE ON MOTION. Kodiak Island Borough Assembly Guidelines December 6, 2012 Page 3 E. Other Items 1. *Approval of the Kodiak Island Borough Assembly 2013 Meeting Schedule. 2. * Assembly Appointments to the Bay View Road Service Area Board. 3. State of Alaska Alcoholic Beverage Control Board Request for Renewal of Liquor License Applications Within the Kodiak Island Borough. Recommended motion: Move to voice NON - PROTEST to the State of Alaska Alcoholic Beverage Board for the renewal application requests indicated on the attached spreadsheet for 2013. Staff Report — Clerk Javier Assembly discussion and amendments may be offered at this time. ROLL CALL VOTE ON MOTION. 4. Mayoral Appointment to the Architectural /Engineering Review Board. Recommended motion: Move to confirm the Mayoral Appointment of Mr. Jerrol Friend to the Architectural Review Board for a term to expire December 2013. Staff Report — Clerk Javier Assembly discussion and amendments may be offered at this time. ROLL CALL VOTE ON MOTION. Mayor Selby will recess the regular meeting and convene the Board of Adjustment Kodiak Island Borough Assembly Guidelines December 6, 2012 Page 4 BOARD OF ADJUSTMENT APPEAL TO THE BOARD OF ADJUSTMENT — An Appeal of the Planning and Zoning Commission's Decision on Case 13 -006 DENYING the Request of a Variance, According to KIBC 17.195, Reducing the Required Off - Street Parking From 22 Spaces To 10 Spaces, According to KIBC 17.175.040 (Appellant: John Whiddon.) Clerk's note: Forty two (42) appeal hearing notices were mailed. Returned responses are attached on blue paper. Please announce: The board of adjustment shall decide the appeal upon the appeal record and the written and oral argument presented on the appeal. Per KIBC 17.225.070(B): At the hearing before the board of adjustment, only persons who have submitted written argument on the appeal, or testified before the commission, or submitted written comments to the commission may present oral argument. Persons who have submitted written argument on the appeal: Thomas Loran Leland James Les James Christopher Wing Testified before the Commission: (Found on page 119 of 130) Gretchen Wing Lauri Whiddon / Chris Wing Jennifer Ridgecreek V /Chris Lynch Kevin Arndt V Bill Alwert Barbara from Pickled Willy's? John Whiddon Submitted written comments to the Commission: (Found on Page 39 of 130) Christopher P. Wing Debra Davis Clayton Weather ? ?? Leland P. James John Adams Ryan Horwath Howard Peterson Steven E. Horn Garreck Parker Wes Hillman Charlie and Laurie Madsen Randy Ensign Chris Lynch Bert Ashley Thomas Loran Cliff Zawacki Kodiak Island Borough Assembly Guidelines December 6, 2012 Page 5 The order of oral argument is as follows: 1. Borough staff, including commission representatives: 10 minutes to present the decision and to set forth the evidence and reasons relied upon for the decision. 2. Appellant: 10 minutes - (John Whiddon) PLEASE ASK THOSE SPEAKING TO IDENTIFY THEMSELVES, SIGN, AND PRINT THEIR NAME ON THE SIGN -IN SHEET. Read phone numbers: Local is 486 - 3231 and toll free is 1 855 - 492 - 9202. It is recommended that questions for the testifiers not be asked during their testimony. If you need further clarification on their testimony, please ask the Mayor to call the person back to the podium during your debate. 3. Private person supporting the appeal: 10 minutes 4. Private person opposing the appeal: 10 minutes 5. Appellant, for rebuttal: 10 minutes - (John Whiddon) Clarification - Rebuttal may be limited to new evidence and testimony brought forward during private person comments. Per KIBC 17.225.070(C): Failure to observe the above procedures in a hearing shall not affect the validity of the decision so long as the appellant has had a reasonable opportunity to be heard. Board of Adjustment discussion. The Board of Adjustment may convene into closed session for deliberation as a quasi - judicial function to reach a decision in an adjudicatory proceeding and to deliberate on any essential findings of fact. If a closed session is desired: Recommended motion: Move to convene into closed session for deliberation as a quasi - judicial board. ROLL CALL VOTE ON MOTION TO CONVENE INTO CLOSED SESSION. (After the vote, CHAIR OF THE BOARD (Mayor Selby) invites the Administrative Official and Clerk's office staff to join in closed session. Kodiak Island Borough Assembly Guidelines December 6, 2012 Page 6 Per KIBC 17.225.080 Decision. (This MUST be done in open session.) A. The board of adjustment shall either affirm or reverse the decision of the commission in whole or in part. If the board of adjustment fails to approve the reversal of the commission's decision, that decision is affirmed. Recommended motion: Move to Affirm IN WHOLE (OR IN PART) the Planning and Zoning Commission's Decision on Case 13 -006 DENYING the Request of a Variance, According to KIBC 17.195, Reducing the Required Off- Street Parking From 22 Spaces To 10 17,04 Spaces, According to KIBC 17.175.040 (Appellant: John Whiddon.) OR Recommended motion: Move to Reverse - IN WHOLE (OR IN PART) the Planning and Zoning Commission's Decision on Case 13 -006 ( „ DENYING the Request of a Variance, According to KIBC 17.195, Reducing the Required Off- Street Parking From 22 Spaces To 'C I1 S paces mg to KIBC 17.175.040 (Appellant: John Whiddon.) GLn k �d"� V'U Clerks Note: If the Board of Adjustment fails to affirm, a motion to reverse is in order. f /� C \ ' If the Board of Adjustment fails to reverse, the decision is affirmed. ROLL CALL VOTE ON MOTION. J n 1 DISCUSSION ON FINDINGS OF FACT C\ � Every decision of the Board of Adjustment to affirm or reverse an action of the commission sh9II G(,�" v be based upon findings and conclusions adopted by the Board of Adjustment. Such findings �� must be reasonably specific so as to provide the community and, where appropriate, reviewing authorities, a clear and precise understanding of the reason for the decision. Preparation of the written decision will be based on your discussion and adoption of findings of fact. Please be clear so that staff will have clear basis on what to include in the written decision. • Move to adopt findings of fact as follows: (The Board of Adjustment may make its own findings of fact and must be in the record and decision must be supported by these findings.) • If the Board of Adjustment wishes to adopt the same findings of fact as the Commission's: Move to adopt the findings of fact as follows (See attached on blue paper. • If you wish to postpone the adoption of the findings of fact: Move to postpone the findings of fact of the Board of Adjustment on the Planning and Zoning Commission's decision on Case 13 -006 DENYING the Request of a Variance, According to KIBC 17.195, Reducing the Required Off- Street Parking From 22 Spaces To 10 Spaces, According to KIBC 17.175.040 to (state date). ROLL CALL VOTE ON MOTION. Kodiak Island Borough Assembly Guidelines December 6, 2012 Page 7 akr CHAIR OF THE BOARD (Mayor Selby), please announce that a WRITTEN DECISION WILL FOLLOW. The date on the written decision is used for further appeal. Kodiak Island Borough Section 17.225.100 Judicial review states: Any person aggrieved by a final decision of the board of adjustment under this chapter may appeal the decision to the superior court within 30 days of the decision. An appeal to superior court shall be heard solely on the record before the board of adjustment or its hearing examiner and the commission. The appeal procedure shall be governed by the rules set forth in Part Six of the Rules of Appellate Procedure of the state of Alaska. The findings of the board of adjustment shall not be reversed if, in light of the whole record, they are supported by substantial evidence. Mayor Selby reconvenes the regular meeting. 15. EXECUTIVE SESSION A. Evaluation of Applicants for the Borough Manager's Position. Recommended motion: Move to convene into executive session to discuss the Applicants for the Borough Manager's Position which qualifies for executive session as a matter which would tend to defame or prejudice the character or reputation of any person. ROLL CALL VOTE ON MOTION. Please invite the Borough Assembly, Administrative Official, and Clerk's Office Staff into executive session. After the vote, Mayor Selby recesses the regular meeting and convenes the executive session. Upon returning from the executive session, Mayor Selby reconvenes the regular meeting and announces no action is to be taken as a result of the executive session OR the Assembly may make a motion if necessary. ROLL CALL VOTE ON ANY MOTION. 16. CITIZENS' COMMENTS (These are limited to three minutes per speaker.) Read phone number: Local is 486 -3231; Toll Free is 1- 855 - 492 -9202. Please ask speakers to: 1. sign in 2. state their name for the record 3. turn on the microphone before speaking Kodiak Island Borough Assembly Guidelines December 6, 2012 Page 8 17. ASSEMBLY MEMBER COMMENTS Announcements — Mayor Selby The Kodiak Island Borough Mayors Conference is scheduled for Monday, December 10 at 11 a.m. in the Borough Conference Room. The next Assembly work session is scheduled on Thursday, December 13 at 7:30 p.m. in the Borough Conference Room. The next regular meeting is scheduled on Thursday, December 20 at 7:30 p.m. in the Borough Assembly Chambers. 18. ADJOURNMENT Recommended motion: Move to adjourn the meeting. ROLL CALL VOTE ON MOTION. Kodiak Island Borough Assembly Guidelines December 6, 2012 Page 9 KODIAK ISLAND BOROUGH ASSEMBLY ROLL CALL SHEET �y� // 00 Regular Special Date: '� rc • Convened: Recessed: Reconvened: 1 / � ('. �7 Adjou ' rrned: ` ,V L n J BY: BY: BY: \(C [ W( BY: ) a Y V BY: 5 tV SECOND: SECOND: \ n SECOND: ( SECOND: L_ n d u SECOND: ,ir " , - 0,,o-e4 , 0 1 ,, . . Cad 0\ Ce ,a V e l - YES NO YES NO YES NO YES NO - YES :.NO - Ms. Austerman Ms. Austerman Ms. Austerman Ms. Austermar! , ' Ms. Austermar ✓ Mr. Bonney Mr. Bonney Mr. Bonney Mr. Bonney ✓ Mr. Bonney V Mr. Griffin ✓/ Mr. Griffin Mr. Griffin Mr. Griffin Mr. Griffin Mr. Kaplan , / Mr. Kaplan Mr. Kaplan Mr. Kaplan .c Mr. Kaplan 1/ Ms. Lynch ✓ Ms. Lynch Ms. Lynch Ms. Lynch ✓ Ms. Lynch Mr. Stephens ✓ Mr. Stephens Mr. Stephens Mr. Stephens ✓ Mr. Stephens V Ms. Stutes it __ A\ `� _� �_. - _ . - • �1y (CHANGE OF VOTE? RANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE 1 TOTAL: TOTAL: TOTAL: TOTAL: A , , TOTAL: (Si U The mayor may n- t vo - (cept in the case where only six members of the assembly are present and there is a three /three tie vote of the assembly. Mayor Selby ' Mayor Selby Mayor Selby Mayor Selby Mayor Selby KODIAK ISLAND BOROUGH ASSEMBLY ROLL CALL SHEET 0 Regular /Special Date: 1a/0 ` (19Th Convened: Recessed: Reconveen � y ,M � Adjourned: BY: N BY: BY: BY: ci I � I � Cl h BY: Ana SECOND: SECOND: SECOND: K afru SECOND: / SECON B: / a. bl`5 -1 9,01 n Jr ► J /ra YES NO YES NO YE NO - YES / NO YES NO Ms. Austerman / Ms. Austerman V Ms. Austerman Ms. Austerman 1 / Ms. Austerm. A , / Mr. Bonney ✓ Mr. Bonney VV , / Mr. Bonney , / Mr. Bonney VVV Mr. Bonney ii Mr. Griffin Mr. Griffin v Mr. Griffin v ✓ Mr. Griffin / Mr. Griffin Mr. Kaplan y Mr. Kaplan �"R �e. Mr. Kaplan Mr. Kaplan / Mr. Kaplan / l Ms. Lynch ✓ Ms. Lynch 1 V Ms. Lynch �44:- ✓ Ms. Lynch / Ms. Lynch Mr. Stephens ✓ Mr. Stephens ✓ Mr. Stephens ✓ Mr. Stephen f Mr. Stephens �t'trSistPSW�� tlai _ .�'il►� ∎ram ir :i 1 HANGE OF VOTE? HANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOW,_ ? OF VOTE ?j TOTAL: 5- ! TOTAL: .. TOTAL: (O 0 TOTAL: (QU TOTAL: 9 tg The mayor may not vote except in the case whee <e only six members of the assembly are present and there is a three /three tie vote of the assembl / Mayor Selby Mayor Selby Mayor Selby Mayor Selby Mayor Selby KODIAK ISLAND BOROUGH ASSEMBLY ROLL CALL SHEET / W Regular V Special , \O Q 1v p Date: O (� 10. Convened: Recessed: Reconvened: \ - Adjourned: BY: BY: he 4 _ �N 1 ll �„ 3 BY: r BY: 49 1 BY: SECOND: SECOND: rl SECOND: SECOND: l n _ SECOND: D r‘ (Itt . $4103 Kai L4 't 1 S,.' V t) ce1/3 \ t .51/ rwrclip Ts ocAoso i<aL yfbovijgju c,)- gi ., \ ■IA W\-(1° _ , :: :. YES NO YES NO YES NO YES NO YES NO Ms. Austerman Ms. Austerman / / Ms. Austerman >. / Ms. Austerman ✓ Ms. Austerman Mr. Bonney Mr. Bonney V Mr. Bonney '/ Mr. Bonney / Mr. Bonney V Mr. Griffin Mr. Griffin V Mr. Griffin •aP� .u�, ✓ / `" Mr. Griffin t / Mr. Griffin V Mr. Kaplan Mr. Kaplan Y Mr. Kaplan V Mr. Kaplan A/, �/ Mr. Kaplan Ms. Lynch Ms4 h- yn h . c h 1 s _ ' aMs. Lynch ✓ Mr. Stephens Mr. '' ens Mr. Stephens r . Stephens — 1 1 1 : Mr. Stephens 'CHANGE OF VOTE? HANGE-OF'VOTE? CHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE ?j U TOTAL: TOTAL: ` TOTAL: 4 I TOTAL: /1 f TOTAL: t; -0 h The mayor may not vote except in the case w re only six members of the asse bly are present and there is a /three tie vote of the assembly. Mayor Selby Mayor Selby Mayor Selby Mayor Selby Mayor Selby KODIAK ISLAND BOROUGH ASSEMBLY ROLL CALL SHEET I, Regular � S pecial Date: O �V o',D Convened: Recessed: Reconvened: Adjourned: BY: f 1o(u 1 � WYv 'A' sA BY: BY: BY: BY: SECOND: SECOND: SECOND: SECOND: SECOND: Kaf i ap YES NO YES NO YES NO YES NO YES NO Ms. Austerman t / Ms. Austerman Ms. Austerman Ms. Austerman Ms. Austerman Mr. Bonney V � / Mr. Bonney Mr. Bonney Mr. Bonney Mr. Bonney Mr. Griffin v 1 / Mr. Griffin Mr. Griffin Mr. Griffin Mr. Griffin Mr. Kaplan 1 Mr. Kaplan Mr. Kaplan Mr. Kaplan Mr. Kaplan Ms. Lynch Ms. Lynch Ms. Lynch Ms. Lynch Ms. Lynch Mr. Stephens* J Mr. Stephens Mr. Stephens Mr. Stephens Mr. Stephens rr ut ./ s. s s. utes / Ms s l CHANGE OF VOTE? HANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOT . HANGE OF VOTE?j TOTAL: IQ d TOTAL: TOTAL: TOTAL: TOTAL: The mayor may not vote except in the case where only six members of the assembly are present and there is a three /three tie vote of the assembly. Mayor Selby Mayor Selby Mayor Selby Mayor Selby Mayor Selby KODIAK ISLAND BOROUGH REGULAR MEETING Regular Meeting of: ,Deeetika. LP, 020ka Please PRINT your name Please PRINT your e m e F r lc ! /N e 1\1 l,A9kL- `ia9 ��' IS// Sz 4,-7 %,'(/‘ kcwo_ IfaR4 0)9 �\\ ',VA, \ ,k04 L _ 044;1' kYil Vic` v 1 ,2\Ur