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KODIAK TWNST BK 1 LT 11A - ZCP 7/2/2026o O KODIAK ISLAND BOROUGH PLANNING & ZONING COMMISSION MINUTES f une 16,2OlO Assembly Chambers CALL TO ORDER CHAIR KING called to order the fune t6, 20L0 regular meeting of the Planning and Zoning Commission at 7:30 p.m. ROLI CAIL Commissioners present were Dave King, Brent Watkins, Casey fanz, Bill Kersch, and Alan Torres. Excused was fay Baldwin. A quorum was established. Staff present was Duane Dvorak and Sheila Smith. COMMISSIONER TORRES MOVED to excuse COMMISSIONER BALDWIN. VOICEVOTE ON MOTION CARRIED UNANIMOUSLY APPROVAL OFAGENDA COMMISSIONER IANZ MOVED to approve the fune L6,20L0 Planning & Zoning agenda. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY APPROVAL OF MINUTES COMMISSIONER KERSCH MOVED to approve the May L2,20L0 Planning & Zoning Special Meeting Minutes and the May 19, 2010 Planning & Zoning Regular Meeting Minutes. VOICE VOTE ON MOTION CARRIED UNANINIOUSLY AUDIENCE COMMENTSAND APPEARANCE REQUESTS There were no audience comments and appearance requests. PUBLIC HEARINGS A) Case 10-018. Request a Parking Plan Review, according to KIBC 17.L7S.O5O, to permit the development of Lot 11A, Block 1, Kodiak Townsite with an additional 18 off-street parking spaces located on a lot in common ownership within 600 feet of the (Old Power House Restaurant) use which they are intended to serve located on Lot 9, Block 2 (restaurant), Lots I & 10, Block 2 (off-street parking), all located in Kodiak Townsite Subdivision and Lot 2, U.S. Survey 1995 (off-street parking). The petitioner intends to enclose a deck on the channel side of the restaurant and to expand the main structure in a manner which will increase the maximum seating by an unknown number of seats. The location is 516 E. Marine The zoning is l-Industrial. The applicant is Ocean Enterprises of Alaska, LLC IAKA True World Restaurant ofAlaska) Dvorak reported 24 public hearing notices were sent out and no responses were received. Staff recommends approval subject to conditions of approval. In response to COMMISSIONER KERSCH'S inquiry of which property does Ocean Enterprises own in reference to the restaurant, Dvorak stated it's the red one on the map. Ocean Enterprises and True World Restaurant are the same. Page I of 8 a o o In response to COMMISSIONER ]ANZ'S inquiry of are they going to do anything in the old parking lot that makes it an exit, that's been a problem, Dvorak stated when we add the additional parking to the business we'll do a new zoning compliance and a new parking plan review for the entire site. Because they're offering an additional 18 parking spaces it may be there will be an opportunity to revisit that. COMMISSIONER TORRES MOVED to grant approval of a parking plan, in accordance with Section 77.775.050 of the Kodiak Island Borough Code, that shows eighteen (18) off-street parking spaces proposed to be located on Lot 11A, Block 1, Kodiak Townsite Subdivision, which are impractical to be located on Lots B, 9 and 10, Block 2, New Kodiak Townsite and Lot 2, U.S. Survey 1995, in order to support the expanded restaurant seating proposed there, and that eighteen (18) off-street parking spaces located on Lot 114, subject to conditions of approval, will provide a safe and practical off-street parking alternative to the off-street parking that is typically required to be located on-site or on an adjacent lot in common ownership, subject to the conditions of approval in the staff report dated fune 2, 2070, and to adopt the findings in the staff report as "Findings of Fact" for this case. The public hearing was opened & closed: There was no public comment. CONDITIONS OFAPPROVAL 7. Prior to the issuance of zoning compliance, the petitioner shall update the parking plans for Lot 11A and for Lot 10, Block 2, NKS and Lot 2, U.S. Survey 1995, to show the location and type of signage that will be used to advise patrons that the parking area is for restaurant use only and which will help patron negotiate the safest route from the front door of the restaurant to the new satellite parking area. 2. Identiff signage or management notes on the parking plan that will require impoundment of any unauthorized vehicles which would reduce the number of usable spaces in support of the restaurant use. 3. Prior to the issuance of zoning compliance, the petitioner shall revise the parking plan to include a side note that indicates practical access to Lot 118 will not be unreasonably denied unless it can be shown that adjoining Lot 11B has legal and physical access by some other route. 4. Prior to issuance of zoning compliance, the petitioner will add such other parking plan improvements required to be shown on the parking plan such as wheel stops, seasonal lighting, etc. that may be necessary to ensure the safe and practical use of use of the site for its intended purpose. 5. The petitioner will obtain letters of concurrence/non-objection from the City of Kodiak Police Department and Public Works Department to ensure that they are aware and do not object to the increase traffic in this area both vehicular and on foot, due to the need for people to be crossing Marine Way in a historically industrial area in the absence of any amenities such as a crosswalk sidewalk or other pedestrian access improvements. FINDINGS OF FACT 1. It is impractical to locate 18 additional off-street parking spaces on Lots B, 9 and 10, Block 2, KTS and Lot 2, U.S. Survey 1995 because the existing building footprint and off-street parking already occupy all ofthe available area. The restaurant occupancy and floor area has long been limited by the available off-street parking and the additional off-street parking will allow the business to fully utilize the available floor space inside the restaurant structure. 2. Subject to conditions of approval the proposed off-street parking plan can provide safe and practical off-street parking that will be used in support of the restaurant use as intended and which will not be a detriment to the existing industrial uses in the area or unreasonable imperil the safety ofthe restaurant patrons. Page 2 of 8 a I .l oo 3. The proposed off-street parking area will meet all the requirements of KIBC 17.175.010, 17 .L7 5fi40 and 1 7.175.050. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY to KIBC l7.2OO (Conditional Use Permits), to allow a 40 by 40 foot A style logging camp facility intended to support 10 full time workers upto6 in the C-longshoremer, in support of permitted timber haresting zoning district. The camp will be located on a l.S-acre located within Section 11, To allow a S, R22W, Seward Meridian; and, Log Storage Facility to be located on a ?9-acre of Section 7, T225, R22W, Seward with room to store timber harvesting and related log and other ancillary facilities, all to withTractsA&8, The location is Uyak Tracts A&B on Afognak Island. The is C-Conservation. The Clarence Maxey /Frontier, Inc. Dvorak reported 5 public notices were sent and responses were received. He stated timber haruesting is a e in the Conservation and recommends approval of this conditional use request subject to 5 In response to COMMISSIONER KERS inquiry of owns the property east and west of the logging area, Dvorak said he doesn't and s minute recess so he can look it up. In response to COMMISSIONER KERSCH'S of who public hearing notices were sent to, Dvorak stated Afognak foint Venture, O Native Corporation, Clarence Maxey, National Wildlife Refuge, and Bruce Talbot of Alaska nt of Natural Resources. In response to CHAIR KING's inquiry of Frontier,own this property or is it a lease, Dvorak stated he believes they purchased the It was for sale recently. COMMISSIONER KERSCH MOVED tO for 5 minutes to further information if possible. VOICE VOTE ON MOTION Y CHAIR KING reconvened the ng at B:02. transfer faciliti€s, Uyak Partition Su Dvorak stated he Previously all this land Venture. However, the In response to the ownership and this is an area th ars to be in transition.at nd the parcel, as well as this parcel belo foint Venture has been in a long-term to the Afognak foint olution. As it's being dissolved each of the s corporations has received small disposals of d as a settlement to their claim to the map and records we have it's all former oint Venture lands around it. He a map from the L997 Trail Atlas that shows all of it as Afognak Joint Venture, and he s our GIS system shows Afognak Ioint Venture all around this MMISSIONER KERSCH'S inquiry of where is the Ouzinkie Native ration land, Dvorak e didn't know but this area is being dissolved and maybe Ouzinkie ved part of this in the n. COMM ONER KERSCH expressed concern about the maps displaying different colors apes. said this is a recent plat that probably hasn't been picked up in the GIS system yet doing these disposals of AfV lands and these are fairly recent transactions. If you more you would have to postpone. response to CHAIR KING'S inquiry regarding the staff report, page 5 of 12 under K. Mi Extraction and Processing, it says they aren't going to be mining sand or gravel and he asked if they e to Page 3 of 8 o :^U&zoNSGCOMPL $25.00 Kodiak Island Borough, Community Development Department, 710 Mill Bay Road (Rm. 205), Kodiak, AK 99615 PH:(907)48 6-9362 Fax(907)486-9396 hftp://wvw.kib.co.kodiak 1. Property Own nt: Mailing o Phone 2. Legal Desc Street Address: 3. Description of Existing PropertylCurrent Minimum Required Lot Area: Actual Lot Area: Minimum Req uired Setbacks Front: Use and size of Number & size of Plat/subdivision related Tax Width: o @oLoob Rear: dated: requirements requirements (e.g. plat notes, easements, subdi conditions, drainage plan review, 1 &t on the lot: etc. Other Requirements (e.g. zero lot line, additional setbacks, projections into yards, screening, etc) Coastal Management Applicable Policies (check appropriate category) Residential Business Industrial Other Is the proposed action consistent the KIB Coastal Management Program:Yes No Attachment: Yes No Description of proposed action (attach site plan):Qrvn^lArl s"*{\r(t-, eDa.a Z- -OL-o Zonlng Compliance Permit Fee D Jl_ r.3m KODIAK ISLAND H ,U fia6+^, D N:\CD\Templates\ComDevVoning Compliance Permit Permit.doc fl 2f. oo PE,RMIT Permit # , (-r{- X 4, ta atlaL--tou4z- / trt- lt, oss n1{ I I rHrsqoRM D'ES Nor AUrHo?zE coNSrRUCrio* WHEN A BUILDING PERMIT IS REQUIRED EXPIRATION: A zonine compliance permit will become null and void if the buildine or use authorized bv such permit is not commenced within 180 days from the date of issuance. or if the buildine 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 UBC) per KIBC 17.03.060. 4. Other: Subd. Case #: il k Plat #:NK Permit#z l/k 5. Driveway Permit lState, Borough, City) by/date: ^) k 6. 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 certiff 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 of setbacks. XBv:6ruNzeL brM 3 documents attached (check one): Site Plan _As-Built Survey:(loon a(*,n -se^.*ilv\.. ,rT Title Date: Supporting Other (List): CI U 8. Comm staff for zoning, By:Title: 9. Fire Marshal (UFC)byt date: 10. Septic System Plan Approved by/date: 11. Solid Waste Disposal Fee: Gross square footage of NLY for the licant. If tn the l1rrrl1^ecrl nrni e ot mc r rdin o itq infen ded r rqp Date:tl-l^,=7r)/u ) /l/ A- I fuoz-6t7 Solid Waste Disposel Fee Minimum of a $500.00 deposit prior to or during its siting. construction. or operation. contact this office immediately to determine if further review and aDDroval of the revised Droiect is necessary. N :\C D\Templ ates\Com DevVon i ng Compl iance Perm it Permit.doc \ t A AA * t tA o Kodiuk Island Borough C omm u nity D evelopm ent D epartm e nt 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486-9363 Fax (907) 486-9396 www.kodiak.ak.us June 17 ,2010 Ocean Enterprises 516 E. Marine Way Kodiak, AK 99615 Re:Case 10-018. Request a Parking Plan Review, according to KIBC 17.175.050, to permit the development of Lot llA, Block 1, Kodiak Townsite with an additional 18 off-street parking spaces located on a lot in common ownership within 600 feet of the (Old Power House Restaurant) use which they are intended to serve located on Lot 9, Block 2 (restaurant), Lots 8 & 10, Block 2 (off-street parking), all located in Kodiak Townsite Subdivision and Lot 2, U.S. Survey 1995 (off-street parking). The petitioner intends to enclose a deck on the channel side of the restaurant and to expand the main structure in a manner which will increase the maximum seating by an unknown number of seats. Dear Sir or Madam: The Kodiak Island Borough Planning and Zoning Commission at their regular meeting on June 16,2070, granted approval on the case referenced above subject to conditions ofapproval. CONDITIONS OF APPROVAL 1. Prior to the issuance of zoning compliance, the petitioner shall update the parking plans for Lot l lA and for Lot 10, Block 2, NKS and Lot 2, U.S. Survey 1995, to show the location and type of signage that will be used to advise patrons that the parking area is for restaurant use only and which will help patron negotiate the safest route from the front door of the restaurant to the new satellite parking area. 2. Identifr signage or management notes on the parking plan that will require impoundment of any unauthorized vehicles which would reduce the number of usable spaces in support of the restaurant use. 3. Prior to the issuance of zoning compliance, the petitioner shall revise the parking plan to include a side note that indicates practical access to Lot I lB will not be unreasonably denied unless it can be shown that adjoining Lot l lB has legal and physical access by some other route. o ? o o 4. Prior to issuance of zoning compliance, the petitioner will add such other parking plan improvernents required to be shown on the parking plan such as wheel stops, seasonal lighting, etc. that may be necessary to ensure the safe and practical use of use of the site for its intended purpose. 5. The petitioner will obtain letters of concurrence/non-objection from the City of Kodiak Police Department and Public Works Department to ensure that they are aware and do not object to the increase traffic in this area both vehicular and on foot, due to the need for people to be crossing Marine Way in a historically industrial area in the absence of any amenities such as a crosswalk, sidewalk or other pedestrian access improvements. The Planning & Zoning Commission adopted these "Findings of Fact" in support of their decision. FINDINGS OF FACT I . It is impractical to locate 18 additional off-street parking spaces on Lots 8, 9 and 10, Block 2, KTS and Lat2, U.S. Survey 1995 because the existing building footprint and off-street parking already occupy all ofthe available area. The restaurant occupancy and floor area has long been limited by the available off-street parking and the additional off-street parking will allow the business to fully utilize the available floor space inside the restaurant structure. 2. Subject to conditions ofapproval the proposed off-street parking plan can provide safe and practical off-street parking that will be used in support of the restaurant use as intended and which will not be a dehiment to the existing industrial uses in the area or unreasonable imperil the safety of the restaurant patrons. 3. The proposed off-street parking area will meet all the requiranents of KIBC 17.175.010, 17 .17 5.040 and I 7. 1 75.050. If you have any questions regarding the Commission's actions please contact the Community Development Departm ent at 496-9363. Sincerely, 'iohaQo tOmr.@ Sheila Smith Secretary CC: Mr. Glenn Cunningham Borough Clerk t I oo Public Heailng ltem Vl-A P&Z June 1 6, 201 0 Request: A Parking Plan Review, according to KIBC 17.175.050, to permit the development of Lot 11A, Block 1, Kodiak Townsite Current Zoning with an additional 18 off-street parking spaces located on a lot in P &Z Case # l0-018 common ownership within 600 feet of the (Old Povrer House Agent: Glen Cunningham Restaurant) use which they are intended to serve located on Lot 9, Owner: Ocean Enterprises Block 2 (restaurant), Lots I & 10, Block 2 (off-street parking), all of Alaska located in Kodiak Townsite Subdivision and Lot 2, L.S. Survey 1995 (off-street parking). The petitioner intends to enclose a deck on the channel side of the restaurant and to expand the main structure in a manner which will increase the maximurn seating by up to 54 seats. \('} ^s z,ff;ra-5 \? N E S Kodiak Island Borough GIS System 0 130 260 520 780 1,040 Ttis nEp do.3 not rs9resrnl r sllrwy. Loro lobmotion abdt ths mapplng dat can b. Ot.h.d by mtrdlng tha Xodisl El'rd Aororrgh 1T O.p.dmmt at (e04 4E6.e333. Case No. 10-018 lntroduction 1 of 4 \ ,/ /I 7rl l z tE a / 'El 7- v t\ t+ V \ /z 17.- ,A ^a \ O O Public Hearing ltem Vl-A P&Z June 16, 2010 Case No. 10-018 lntroduction 2 of 4 o o Public Hearing ltem Vl-A P&Z June 16, 2010 Kodiak Island Borough Zoning Map Community Development Department N -@, S Current Zoning P&ZCase#10-018 Agent: Glen Cunningham Owner: Ocean Enterprises of Alaska Request: A Parking Plan Review, according to KIBC 17 175.050, to perrnit the development of Lot 11A, Block 1, Kodiak Townsite with an additional 18 off-street parking spaces localed on a lot in common ownership within 600 feet of the (Old Pc,wer House Restaurant) use which they are intended to serve located on Lot g, Block 2 (restaurant), Lots I & 10, Block 2 (off-street parking), all located in Kodiak Townsite Subdivision and Lot 2, U.S. Survey 1995 (off-street parking). The petitioner intends to enclose a deck on the channel side of the restaurant and to expand the main structure in a manner which wrll increase the maximum seating by up to 54 seats. Thir rnp ma propa.€d lrom ths Kodi.k lshnd Borough's GIS Syrtfi. lt is provid€d br tho pulpcs o{ Ek}ring tr€ g€rlersl lulrn ol s proporty within 0E Xodisk blard go.ough. This mp doc not r.pGssnt a s[yay. Mo.s in dmtron sbwt tho mpping dst! crn bo obtrh6d by ffit cline tha Xodilk bltnd go.ough ]T O.plrlmnt al (907) /$0.9333. 2 Case No. 10-0lS lntroduction 3 of 4 110$ 1 b$ b I q) 4.o (.? 1 c€ .t;r \u *f(+ 1 F,il q s(+ u t \ \\5Lr'rR 1 O o Public Hearing ltem Vl-A P&Z June 1 6, 201 0 Case No. 10-018 lntroduction 4 of 4 f{h'At -r.o-'- *'r- ,, Legal Description Applicable Comprehensive Plan: Year of PIan adoption: ZOOB Present Use of Property: \ I - Ih q 34,,,r.i Proposed Use of Propert)4 Ers=(cfr /' [<. .t 6il aYlft,,otr,ll &:qlu ,f o.r T .Ac?Qr t B. f\,-tp( (Note: Use additional sheets, if needed, to provide a cornplete description of the proposed request.) Propetty Inforrnation 3c,0E, Current Zoning:B- A**"a ,/ Applicant lnformation Property owner'E rnailing address name (lf applicable) p0"**n1 ry- q 42 40+o qq6tS Agent's mailing address Work Phone E-rnail AddrHome phone zipCity1frA ?h 0 gz.^l a Vo Agent's Abb2rlr5 9o zip >t E otr AR Lt_(L RJq?-AtsT /-F,I ? uN r{ Box 37 Home phone Q9a I Property o^rner's name r-.rJE Work Phone E-mall Addr City State State t- toB?" KoDIAK, At{ Appl icant Certifi cation I hercby certify ts the propeily ownerhuthorlzed agentthat thls tppllceliott tor Planning yrd Zonlng ConmlsslOn rcvfewls true aid comilete to the best ol my knowledge tnd that lt ls sub,mllted in accordance vilh the rsqulrcmenb of lhe aplicable Kodtak tslani Borough Codc, whlch includes a detalled slle planl forvcrlance cnd condUonel use ruquests andwhlch may lnclude opltutal suppoding documentalion as lndlcated below. landscaptng and open spaces; walluays; means of ingress and egress; Iighting; bermE, buffers, and screenlng devices; surrounding development; order that an informed decision can be rnade by the approving authority (Source: The Nar lllustrated Book of Development Definitions, @1993 by Rulgers Unlverslty) 23-o topography vegetalion circulation; _ Other q -L3 1 A development plan for one or more lots on wfrich is existing and proposed conditions of the , drainage, flood plains, wetlands, and waterways; utllity services; structunes and buildings; signs and and any other lnformation that reasonably may be required in DateSignatureProperty _ Addttlonal Nartatlve/History - As-bullt Sutvey Date shown the &Trnlng Chunge. Fee Sehedule: (pel' KIB Assentbl.r- Resolutlon Ef[. July l,2005) I,css than 7,75 scl'es 1.76 trr 5.(10 acrrs 5.01 to 40.00 acres 40.0I nc,'r'rs 0r mot'c P $350,00 $750.(10 $ I.(l(itl.ll(l $ I,51)0.0U 50.00 APR 26 Statf signature receiver{hApplication lnvolved: (KtBC Ktk t7- 17{,0{6Code Section(s)F o$f ,i'tr Daakq Lcrrou Variance (KIBC 17.06.020) $250,00 Conditional Use Permit (KIBC 17 ,67 .020 8) s2s0. requests, site plan review,v Other (aPpearance Zoning change t 4L/, USE ONLY ,^PATDcth t\L,rlrtAl\ t.rL^tIL, oarraCrr - lr\rlt.rttrrrttt I rrr-rEEYI ,.,o.y -. PttFliq H.qAfiOg llem Vl-A 710 Mill Bay Rd,, Room 205, KODIAK, AK 99615.6398 (907) 48G'9363 'FAX (907)4g6ffb#n. 16, 2010 www. kib.co.kod iak. ak. us Finance Department Case No. 1&018 Application 1 of 10 -,Cia a, o o Public Hearing ltem V!-A P&Z June 1 6, 201 0 tt o \\ {\3{rY- \A \JN J .)o\,f )t --I \ .tf \ 0 0 ( \t = _J, I tI sr=fi arfiwtFrFIlrrG[ sfflrrfP:tuY rTrl.Irq-;!f trEt t utGl 6,i u) (6 ott 6 Ul tr-rl +J (d q.) a Eoo E (6 P.x E] t H ffi Iil E ? 3 s $ Hn s! Case No. '10-018 Application 2 of 10 :r I \\\ @ I .lootlo@ .l- fl} ffi o o Public Hearing ltem Vl-A P&Z June 16, 2010 l6urf,r*% rffi@ E x B# J rftlfiJ8fl$ s$$sil&ffH '0t5 E'HINL$ffihIEOm.g Case No. 10-018 Application 3 of 10fiE -r-r o o Public Hearing ltem Vl-A P&Z June 1 6, 201 0 @ 63) @ €t )smtroo% ItI HI 4'_ '4r 4?) '..s) I:51 - -.-' tr.50\ cr Ge 'l-t, IEE E EI tsf t (4 3,,/i! : r'* )" i ,n \ . /.,, t r.l,j/r4 \ l -'.t:t''t It a,l ts6 UNffiffiftffiM RffiB. g H Case No. 10-018 Application 4 of 10 -r- .1 r -'o@ -- ---- plan for Lot 1LA, Block L, KodPar e - Access to Lot l-LB sha1l not be unreasonably denied by tshe parking layouE design. Iqg- t -l o -l I r'- - I -1 I I i aI i t rr c c o@6,o @ @ (o @ -*? ' .- --,'ttP ' ... .IQ6 xl8 TYE4 2 I o+14 f 'lz troR 8 sF-ricrs -+5 6 o o o) @ozI ?o @ !,eoo o =(Jl o Jo 76G a, J --'/ --?-' \/Qr gr -?J"-' t't RE(- cl -J.6oq) cD =';696o3 I - -Staf f Not,e o o /,-/ //fr gk / -T Public Hearing ltem Vl-A P&Z June 16, 2010 lr/o rro- F. \ \, . ,^ p.b LOT II B \fo q \3 r) rrrra t ,'1,g SCALE IIN-2CFT Kodiak, A Ia ska. Decenrber 18, L963. Thie-^rat ropresents_ a truerphysicar survey of the southerry portion ofLot.rl-rBlock lrKr:ciiak Townsitersald pcrtioir hereon cteslgnatld'rr A.The-subrlivisi:n of Lot llrnrock 1ri.,es prevl..;usry acconplish"a u,y cieed. KrBs2u27s5FJ ,r,ft N\u \ T t_oT ltA 6 ?6e IFr. Case No. 10-018 Application 6 of 10 l. 4 I iii a) dq o o t il 1-I- 2010 Item Vl-A ; :3g.\,7 I E (4,q, IG ,.-.-/,?.) L G'-,\.. ,^/ :ro f"l ?tt\-/ \-., a =€@, ,oa: (r@ io 6'L -. "-:.. I I I I I I L Case No. 10-018 Application 7 of 10 ; lc --Jll ,P D :LI II r9 ffi ;l il li Public Hearing ltem Vl-A P&Z June 1 6, 201 0 1 \ \ \ : I t li t. I \ I 1 a ,J C \ t t. -i I I .I \ \ \ \ l. .l t{' J. a q oll (v b' €) o r9 \0F ! I I,. I G €t \r Lt) t I I i : . { . .^- [ I I I I I I t|' OJ o o '1 ) I I I I I { a (D rt. .., gor @@ e o o o I ! 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Marine Way P&ZCase#10-018 Ocean Enterprises of Alaska (AKA True World Restaraunt of Alaska Request a Parking Plan Review, according to KIBC 17.175.050, to permit the development of Lot 11A, Block 1 , Kodiak Tcrwnsite with an additional 18 off-street parking spaces located on a lot in common ownership within 600 feet of the (Old Power House Restaurant) use which they are intended to serve located on Lot g, Block 2 (restaurant), Lots I & 10, Block 2 (off-street parking), all located in Kodiak Townsite Subdrvision and Lot 2, U.S. Survey 1995 (off-street parking). The petitioner intends to enclose a deck on the channel side of the restaurant and to expand the main structure in a manner which will increase the maximum seating by an unknown number of seats. .), a. D t Kodiak lsland Borough GIS E Legend Subject Parcel Notification Area0 190 380 760 Fe€ N E S THs m.p sr proparad lrofli tho Kodial Uend Eoought GIS Syabm. lt is prcedcd tor thc purpos. sf 9uring tho Com.C ldslEn o{ a pFpeny wnhn th€ ,bdi.k lslard Eorowh Ttis mp doc not cproEst , suNy. ,{orr infumatbn .but th€ mpprng dar en be obtanod by trtacting ltp Xodtrk ldand Eo,oljgh IT Doprrlrnonl al (t07) ft6-9333. Case No. 10-018 Public Comments 1 of 4 I a\ \q'} ^\+ I / I 7 a,,' a o 7dDIAK,nxsgoii- PETER DANELSKI ETAL 620 E REZANOF DR KODIAK, AK 99615 CHRIS KOSTELECKY PO BOX 2383 KODIAK, AK 99615 JOSEPH JENSEN 616 MISSION RD KODIAK, AK 996]5 ROBERT KING P.O. BOX t434 KODIAK, AK 99615 N{ARLYS EGGENIEYER PO BOX 965 KODIAK, AK 99615 WILLIAM HARINGTON PO BOX 8166 KODIAK, AK 99615 US FISH 6s WILDLIFE SVC DTVISION OF REALTY IOII E TUDOR RD ANCHORAGE, AK 99503 6199 JOSEPHJENSEN 616 MISSION RD KODIAK, AK 99615 KODIAK ELECTRIC ASSOC P.O. BOX 787 KODIAK. AK 99615 ST HERMAI{S THEO SEN1INARY 4]4 MTSSION RD KODIAK, AK 99615 MEAGAN DEIj,NEY ETAL CIO NICHOLSON DEHNEY 4215 2lST AVE W. #210 SEATTLE. WA 98II9 CTTY OF KODIAK P.O. BOX 1397 KODIAK, AK 99615 Public Hearing ltem Vl-A P&Z June 16, 201 0 FRANCES IANI PO BOX r77 KODIAK, AK 99615 INTERNATIONAL SEAFOODS OF AK PO BOX 2997 KODIAK, AK 996]5 MILDRED N{ULLER TRUST 24472 BIG VALLEY RD NE POULSBO, WA 98370 JOSEPHJENSEN 616 MISSION RD KODIAK, AK 99615 TRUE WORLD RESTAURANT OF AK PO BOX 274 KODIAK, AK 99615 CHARLES CRAPO 42] SARGENT DR KODIAK, AK 99615 CHANNEL SIDE SERWCES, LLC PO BOX 4174 KODIAK, AK 99615 SEMOR CITIZENS OF KODIAK 302 ERSKTNE AVE KODIAK, AK 99615 ST HERN{ANS PASTORAL SCH 4I4 MISSION ST KODIAK, AK 99615 CECIL HARTMAN P,O, BOX II23 KODLAK, AK 99615 Case No. 10-018 Public Comments 2 of 4 ro ot6 WoNALSEAFooDSrylK-,Or'*fu=-_ KODIA ; \ Hearir rne 1( )DI 199 O Pubtic P&Z Jt CITY OF KI Bav Road. Kodiak. Al a 2410 Mill June 7 ,2010 Occan Enterprises of AK LLC RMC, Attention: Glen Cunningham, PO Box 377 Kodiak AK 99615 Subject: Dear Mr. Cunninghaln: The City of Kodiak Public Works Department has reviewed O Planning and hnrng c&se # 10-018 Parking Plan review reql submittcd for tnt l lA Blk I Kodiak Townsite Subdivision. Sincerely, n /( Mark Kozak" Public Works Director Case No. 10-018 Public Comments 3 of Enterprises and has no Public Fax: /\ I d^, ,/ o a Public Hearing ltem Vl-A P&Z June 1 6, 201 0 $ $Y d \ Case No. 10-018 Public Comments 4 of 4 o O Public Hearing ltem Vl-1 P&Z June 1 6, 201 0 DATE: TO: FROM: SUBJECT: CASE: APPLICANT REQUEST: LOCATION: ZONING: MEMORANDUM June 2,2010 Planning an d Zoning Commission Community Development Department lnformation for the June 16, 2010 Regular Meeting 10-019 Ocean Enterprises of Alaska, LLC (AKA True World Restaurant of AK) A Parking Plan Review, according to KIBC 17.175.050, to permit the development of Lot 11A, Block 1, Kodiak Townsite with an additional 18 off-street parking spaces located on a lot in common ownership within 600 feet of the (Old Power House Restiaurant) use which they are intended to serve located on Lot 9, Block 2 (restaurant), Lots 8 & 10, Block 2 (off-street parking), all located in Kodiak Townsite Subdivision and Lot 2, U.S. Survey 1995 (off-street parking). The petitioner intends to enclose a deck on the channel side of the restaurant and to expand the main structure in a manner which will increase the maximum seating by up to 54 seats. 516 Marine Way l-lndustrial Twenty-four (24) public hearing notices were mailed on May 24,2010. APPLICABLE CODE SECTIONS 17.175.010 Off-street parking required-ln general. ln all zoning districts, ftom the time a principal building or land use activity is erected, constructed, established, altered or enlarged, there shall be off-street parking conforming to this chapter to serve that building or use. This parking shall be available free of charge for the use of the occupants, employees, and patrons of the building. The owners and occupants of a principal building shall be jointly and severally responsible for providing and maintaining the off-street parking serving that building or use. The off-street parking required by this chapter shall be maintained in accordance with this chapter continuously during the life of the building or use. Case No. 10-018 Staff Report 1 of 7 o O Public Hearing ltem Vl-1 P&Z June 16, 2010 17.175.040 Off-street parking - Number of spaces required. A. The required number of off-street parking spaces to be provided will be determined as follows: TABLE 1 Permitted Uses Required Off-Street Parking Spaces Restaurants, bars 1 per 3 seats, based on maximurn seating mpacity in the principal place of assembly 17.175.050 Off-street parking-Location. All parking spaces required under section 17.57.040 shall be on the same lot as, or any contiguous lot in common ownership as the principal building or use that they serve; provided, that if the planning and zoning commission finds that it is impractical to locate the spaces on such a lot, it may permit them to be located on any lot within six hundred feet of the principal building or use. The lot must be in common ownership or a long-term easement, license, or permit for use of the alternative parking shall be secured. All parking spaces required under section 17.57.040 shall be located in a use district permitting the use which they serve. BACKGROUND This request is intended for Commission review and a determination that an additionat eighteen (18) off-street parking spaces can be developed on Lot 114, Block 1, Kodiak Townsite Subdivision (KTS) in order to support expanded restaurant seating on Lot 9, Block 2, New Kodiak Subdivision (NKS). The Old Power House Restaurant is located on Lot 9, Block 2, NKS and it is currently permitted to have up to 100 seats based on the existing parking plan (ZCP CZ-02-022). The provision of 18 additional parking spaces, if approved by the Planning & Zoning Commission, represents a potential increase of up to 54 additional seats. Lot 11A, Block 1, KTS, is located approximately 200 away from the nearest corner of Lot 11A to the front door of the restaurant on Lot g, Block 2, NKS. Marine Way is a 40- foot wide ROW with a fairly nanow "gravel" roadway that averages about 20lo 22 feet in width. The petitioner is proposing a combination of structural expansion and other floor plan changes to accommodate additional seating for the restaurant and banquet use. Lot 11A has 6,269 square feet and is the product of a subdivision by deed that occurred sometime prior to 1963 when Lot 11A was surveyed as a parcel separate and distinct from remainder Lot 118. Case No. 10-018 Staff Report 2 of 7 o o Public Hearing ltem Vl-1 P&Z June 16, 2010 The restaurant owner/operator has acquired Lot 11A and is prepared to make it a permanent amenity in support of the restaurant use on Lot 9, Block 2, NKS. HISTORY A brief historical perspective is instructive and will help to understand the ongoing parking issues that continually arise in this part of town. The channel side lots have historically been used primarily for seafood processing and other marine related uses. Years ago, the "Old Power House" was really the exception to the rule in terms of land uses in this area. More recently, two new restaurants have been developed in this area which take some advantage from the waterfront location provided in this area. As a result, these commercial uses bring not only more traffic to the area, but a different type of clientele that what has historically been the norm. Lot 11A is zoned B-Business and Lot 9 is zoned l-lndustrial. Because the l-lndustrial zone permits all uses that are permitted in the B-Business zoning district there is no zoning conflict between the two sites. Designated parking areas are required to be located in a zone which permits the use which they are intended to serve. There would only be a conflict in this regard if the Old Power House Restaurant were converted to an industrial use that was not permitted in the B-Business zoning district. Lot 11A was created by a deed conveyance prior to 1963. As a result, Lot 11B is "landlocked" without any clear route of access to be provided. The lot is generally smaller than typicalto support a viable commercial use. Even a minor use is required to provide at least 3 off-street parking spaces per borough code. Staff will recommend a note on the site plan as a condition of approval that some form of practical access to Lot 11B should always be provided even though it is recognized that the parking layout may be modified in the future. COMMENTS The petitioner currently has zoning compliance for a 100 seat restaurant based on the prior floor plan for Lot 9, Block 2, NKS (CZ-03-022). The additional 18 off-street parking spaces proposed for Lot 11A, KTS, represents a maximum increase of 54 seats within the restaurant at a parking ratio of one (1) off-street parking space for every three (3) seats. The revised floor plan shows a total of 149 seats inside the restaurant with additional floor areas being brought into service. These areas include the inclusion of a former loading dock and storage area in the secondary dining room and the enclosure of the existing channel side deck adjoining the main dining area. With the enclosure of the channel side deck, some existing seats will be displaced in order to move the Case No. 10-018 Staff Report 3 of 7 o o Public Hearing ltem Vl-1 P&Z June 1 6, 201 0 exterior wall to the channel edge. The overall impression of the floor plan is that it will generally provide more open floor area in the main dining room and also allow for full utilization of the secondary dining area behind the large wall partition. This area was not allowed to be fully utilized under the prior zoning compliance permit. Approval of the additional parking area can be granted if the Commission can make three findings: 1) that it is impractical to locate 18 additional off-street parking spaces on Lots 8, 9 and 10, Block 2, KTS and Lot 2, U.S. Survey 1995. These are the lots that currently make up the "Old Power House Restaurant" building and parking complex. 2) that the proposed 18 off-street parking spaces on Lot 11A will meet the requirements of KIBC 17.175.010, 17.175.040 and 17.175.050 to provide long-term additional parking and to provide parking for the life of the "Old Power House Restaurant" which they serve, and 3) that subject to certain conditions, 18 additional off-street parking spaces on Lot 11A can provide a safe and practical parking area that is likelyto be used by employees and the general public when they patronize the "Old Power House Restaurant". Although the proposed parking area is little more than 200 feet from the front door of the restaurant, the level of maintenance provided to Marine Way is generally commensurate with the historical use of the area for industrial purposes. Marine Way is a "gravel" road that is prone to potholes, muddiness and icy conditions in the winter. ln addition, it is expected that the parking lot will similady be graveled and maintained in a manner similar to the existing parking lot adjacent to the restiaurant building. Staff recommends that approval of this parking plan be contingent on the concurrence of the City of Kodiak Public Works Department and the City of Kodiak Police Department. This is not intended to unreasonably burden an approval but to ensure that the city is aware that pedestrian traffic will be crossing Marine Way on a regular basis and that additional vehicle traffic will likely result from the planned expansion of the restaurant use. Staff recommends that the parking lot layout be supplemented with additional information regarding signage, wheelstops, lighting improvements and other improvements necessary to ensure the parking is fully utilized by patrons and that they don't opt to park in the Marine Way ROW rather than use the parking that has been prepared for this use. Case No. 10-018 Staff Report 4 of 7 a o Public Hearing ltem V!-1 P&Z June 1 6, 201 0 RECOMMENDATION Staff recommends that this request be approved subject to conditions of approval APPROPRIATE MOTION Should the Commission agree with the staff recommendation, the appropriate motion is: Move to grant approval of a parking plan, in accordance with Section 17.175.050 of the Kodiak lsland Borough Code, that shows eighteen (18) off-street parking spaces proposed to be located on Lot 11A, Block 1, Kodiak Townsite Subdivision, which are impractical to be located on Lots 8,9 and 10, Block 2, New Kodiak Townsite and Lot 2, U.S. Survey 1995, in order to support the expanded restaurant seating proposed there, and that eighteen (18) off-street parking spaces located on Lot 11A, subject to conditions of approval, will provide a safe and practical off-street parking alternative to the off-street parking that is typically required to be located on-site or on an adjacent lot in common ownership, subject to the conditions of approval in the staff report dated June 2, 2010, and to adopt the findings in the staff report as "Findings of Fact" for this case, CONDITIONS OF APPROVAL 1. Prior to the issuance of zoning compliance, the petitioner shal! update the parking plans for Lot 1 1A and for Lot 10, Block 2, NKS and Lot 2, U.S. Survey 1995, to show the location and type of signage that will be used to advise patrons that the parking area is for restaurant use only and which will help patron negotiate the safest route from the front door of the restaurant to the new satellite parking area.2. ldentify signage or management notes on the parking plan that will require impoundment of any unauthorized vehicles which would reduce the number of usable spaces in support of the restiaurant use.3. Prior to the issuance of zoning compliance, the petitioner shall revise the parking plan to include a side note that indicates practical access to Lot 1 1B will not be unreasonably denied unless it can be shown that adjoining Lot 1 '18 has legal and physical access by some other route.4. Prior to issuance of zoning compliance, the petitioner will add such other parking plan improvements required to be shown on the parking plan such as wheel stops, seasonal lighting, etc. that may be necessary to ensure the safe and practical use of use of the site for its intended purpose. Case No. 10-018 Staff Report 5 of 7 o o Public Hearing ltem Vl-1 P&Z June 1 6, 201 0 5. The petitioner will obtain letters of concunence/non-objection from the City of Kodiak Police Department and Public Works Department to ensure that they are aware and do not object to the increase traffic in this area both vehicular and on foot, due to the need for people to be crossing Marine Way in a historically industrial area in the absence of any amenities such as a crosswalk, sidewalk or other pedestrian access improvements. FINDINGS OF FACT 1 It is impractical to locate 18 additional off-street parking spaces on Lots 8, 9 and 10, Block 2, KTS and Lot 2, U.S. Survey 1995 because the existing building footprint and off-street parking already occupy all of the available area. The restaurant occupancy and floor area has long been limited by the available off-street parking and the additional off-street parking will allow the business to fully utilize the available floor space inside the restaurant structure. Subject to conditions of approval the proposed off-street parking plan can provide safe and practical off-street parking that will be used in support of the restaurant use as intended and which will not be a detriment to the existing industrial uses in the area or unreasonable imperil the safety of the restaurant patrons. The proposed off-street parking area will meet all the requirements of KIBC 17 .175.010, 17 .175.040 and 17.175.050. 2 3. Case No. 10-018 Staff Report 6 of 7 O I Public Hearing ltem Vl-1 P&Z June 1 6, 201 0 xclp ugh ed Parki Area Lot 11A A+ a.l.l Case No. 10-018 Staff Report 7 of 7 ogr--z\ \(1 q g \ idI.,\r Nr\f \ l ktsrl7-q{ E9 :\LJ tY)\\(\:lt ?,7- t la-\/ \ ,e Nf,t I,.(\),E\r- DI\ \ \ r--tLtt-l,rE \ \_i June 7,2010 Dear Mr. Cunningham: Sincerely, Mark Public Works Director /rt ),]Ld o Ocean Enterprises of AK LLC RMC, Attention: Glen Cunningham, PO Box 377 Kodiak AK 99615 Subject: The City of Kodiak Public Works Department has Plannirg and Zoning case # 10-018 Parking Plan review submitted for L,ot I I A Blk I Kodiak Townsite Subdivision. 486-8060 486-8066 AK LLC as o CITY and has Ocean Fax: Public 1'\8> / AA t A A tA A O Kodiak Island Borough C ommunity D evelopment D epartment 710 Mill Bay Road Room 205 Kodiak, Alaska 99615 Phone (907) 486-9363 Fax (907) 486-9396 www.kodiakak.us May 19, 2010 Ocean Enterprises, LLC 516 E. Marine Way Kodiak, AK 99615 Re:Case 10-018. Request a Parking Plan Review, according to KIBC 17.175.050, to permit the development of Lot llA, Block l, Kodiak Townsite with an additional 18 off-street parking spaces located on a lot in common ownership within 600 feet of the (Old Power House Restaurant) use which they are intended to serve located on Lot 9, Block 2 (restaurant), Lots 8 & 10, Block 2 (off-street parking), all located in Kodiak Townsite Subdivision and Lot 2, U.S. Survey 1995 (off-street parking). The petitioner intends to enclose a deck on the channel side of the restaurant and to expand the main structure in a manner which will increase the maximum seating by an unknown number of seats. Dear Mr. Sir or Madam: Please be advised that the Kodiak Island Borough Planning and Zoning Commission has scheduled the case referenced above for Public Hearing at their June 16, 2010 regular meeting. This meeting will begin at 7:30 p.m. in the Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska. Attendance at this meeting is not mandatory but recommended. One week prior to the regular meeting, on Wednesday, June 9,2010 at 7:30 p.m. in the Borough Conference Room (#l2l), the Commission will hold a packet review work session for the purpose of reviewing packet materials and staff summaries of cases scheduled for the regular meeting. The public is welcome to attend the packet review work session; however, the work session is not for the purpose of receiving public testimony. Applicants who wish to present testimony and/or evidence related to their case should appear at the Public Hearing during the Regular Meeting and present such information in person. Please contact the Community Development Department at 486-9363 if we can answer any outstanding questions or provide additional information. ln advance, thank you for your cooperation. Sincerely, Sne,t0crgnYm Sheila Smith, Secret ary Community Development Department o CC: Mr. Glenn Cunningham I I oo KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 Public CASE: APPLICANT: REQUEST: LOCATION: ZONING: VI-A l0-018 Ocean Enterprises of Alaska, LLC (AKA True World Restaurant of Alaska) A Parking Plan Review, according to KIBC 17.175.050, to permit the development of Lot I lA, Block l, Kodiak Townsite with an additional l8 ofF street parking spaces located on a lot in common ownership within 600 feet of the (Old Power House Restaurant) use which they are intended to serve located on Lot 9, Block 2 (restaurant), Lots 8 & 10, Block 2 (off-street parking), all located in Kodiak Townsite Subdivision and Lot 2, U.S. Survey 1995 (off-street parking). The petitioner intends to enclose a deck on the channel side of the restaurant and to expand the main structure in a manner which will increase the maximum seating by an unknown number of seats. 516 E. Marine Way I-lndustrial PUBLIC HEARINGNOTICE p.m. in the Borough Assembly Chambers,710 Mill Bay Road. Kodiak, Alaska, Kodiak Island Borough Planning and Zoning Commission, to hear comments if une 16, any, on wl atonmeetlngApu fo uest 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. Comments must be received by [El*!q!q to be considered in the staff reports.. 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 l-E00-47E-5736. One week prior to the regular meeting. on Wednesday. June 9. 2010, a work session will be held at 7:30 p.m. in the Kodiak Island Borough Conference Room (#l2l ), 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 foel free to call us at 486-9363. Your I\lailing Your property description Comments: 5 .\. -\/-<- a Jl-^..,,. o +o tn6 ? 1\1 $\:a 1as K K +sKsD512 1\6 !b s $'\6o U.t\(r) T;r{ Io, a 5 Cp ,"\Lv tnn E #Kodiak lsland Borough GIS I I Legend Subject Parcel Notification Area0190380760 Fe€ N S w This map wa This mao dor rot reoresent a survt ation abr 'r. lt is provided f< rpping data can b, showing the g( rtactino the Ko ttion of a property within the Kodiak lsland Borougt J Borough lT Department at (907)486-9333. o Current Location 516 E. Marine Way P&ZCase#10-018 Ocean Enterprises of Alaska (AKA True World Restaraunt of Alaska Request a Parking Plan Review, according to KIBC 17.175.050, to permit the development of Lot 11A, Block 1, Kodiak Townsite with an additional 18 off-street parking spaces located on a lot in common ownership within 600 feet of the (Old Power House Restaurant) use which they are intended to serve located on Lot 9, Block 2 (restaurant), Lots I & 10, Block 2 (off-street parking), all located in Kodiak Townsite Subdivision and Lot 2, U.S. Survey 1995 (off-street parking). The petitioner intends to enclose a deck on the channel side of the restaurant and to expand the main structure in a manner which wi!! increase the maximum seating by an unknown number of seats. t, b \ qq xht,t h q' t\ $/, I q) d --J 1 a $ \ & d\6 r $ ^S A +\ E t I O ?* r/t M/ -T LOT II E ,. :; t/ \fou ". rlA 3v /r t.6r,", F. \A n r,o )" \r . ,^ p. \^- ,/' ,,, o* p & SCALE I IN-2CFT Kodiak, A Iaska. Decenber IB, L963. This-:-.Iat representsr a truerphysical surveJr of the southorly portion ofLot.IlrBloclt lrl(odiak Townsitcrsaici portion hereon clesignaticl II A.Thesubriivision of Lot II,Block Irv,ias ;:reviously accornplisfrJO Uy deed. frw1ts :: \',a '.#Y / L_OT lr A FT.6 ? 69 I KrBs2u27s ,:;i* ' .. r'!.) t I lr ) o o PETER DANELSKI ETAL 620 E. REZANOF DR KODIAK, AK 99615 CHRIS KOSTELECKY PO BOX 2383 KODIAK, AK 99615 JOSEPHJENSEN 616 MISSION RD KODIAK, AK 99615 ROBERT KING P.O. BOX t434 KODIAK, AK 99615 SENIOR CITIZENS OF KODIAK 302 ERSKINE AVE KODIAK, AK 99615 ST HERMANS PASTORAL SCH 414 MISSION ST KODIAK, AK 99615 CECIL HARTMAN P.O. BOX ll23 KODIAK, AK 99615 MARLYS EGGEMEYER PO BOX 965 KODIAK, AK 996T5 WILLIAM HARINGTON PO BOX 8166 KODIAK, AK 99615 US FISH Cg WILDLIFE SVC DIVISION OF REALTY IOII E TUDOR RD ANCHORAGE, AK 99503-6199 JOSEPHJENSEN 616 MISSION RD KODIAK, AK 99615 KODIAK ELECTRIC ASSOC P.O. BOX 787 KODIAK, AK 99615 ST HERMANS THEO SEMINARY 414 MISSION RD KODIAK, AK 99615 MEAGAN DELANEY ETAL CIO NICHOLSON DELANEY 4215 2lST AVE W. #210 SEATTLE, WA 98II9 CITY OF KODIAK P.O. BOX 1397 KODIAK, AK 99615 FRANCES IANI PO BOXTTT KODIAK, AK 99615 INTERNATIONAL SEAFOODS OF AK PO BOX 2997 KODIAK, AK 99615 MILDRED MULLER TRUST 24472 BIG VALLEY RD NE POULSBO, WA 98370 SEAFOODS OF PO BOX JOSEPH JENSEN 616 MISSION RD KODIAK, AK 99615 TRUE WORLD RESTAURANT OF AK PO BOX274 KODIAK, AK 99615 CHARLES CRAPO 421SARGENT DR KODIAK, AK 99615 CHANNEL SIDE SERVICES, LLC PO BOX 4174 KODIAK, AK 99615 ro otb rcDIAK, AK 99615 oo tsS3{r+vl\)N j $ )il \tIt 0 ) UIz \ _\rrD >)- \ 3rf \ 0 rl I a \t I rrl-AtnI{rd tHr. trH}*rrr.tnrQil -il.D- El-:rII-rtrtrlt rFr -UI(tl t C\l tl II @ I'=L rrl bJ t.tft bJ t3 I 'E {3 i o@ H FFIII E'ET ;,1 fB EIEItr II Fo-# eil IU\t { e Vl [6s', ututsrJr A I t z ' .'| r' if , , o o D6ef,"nt IffiEI E x B# il III .., J E.mH,rsfrtts ss$$il&&Ir tfs E'NIil}SBOHEg} hl{}. g rE I o o @ 6}\_, . -F-@ @ @@ @ r?6gxmlm mg IESI E @ @ ts5 8rNffiSB$&tffim.g w ts#t re @ @ @ .t, 3)5 6) A\9 oo ..l 0\ o t @ \.l a\) Jr b m oI f) r?\ (,\ N+ s CD,_ \ \ \ \ \ \ \I I i I i o@@ I t) \ \ \ @ o ,o.t o' 7(' .D 0. 9+ lt- @@@@ @ @ --- \ LL @ I \ \ \ \ \ \ f{a [s rol.o:lie A6' r I Legal Description I I nt.tent Use of Property: Vrec - &r.q 3 'rr'i Proposed Use of Property: b.,q;e(off p [<. t 6i- a,,lfr.railrll &:eit. f orr][: "0,'e"Qr t?r e\ Use additional sheets, if needed, to provide a cornplete Property Information Property lD Number/s ,-Lat B- Year of PIan adoption: Applicable Comprehensive Plan : SooE (Note: description of the proposed request.) Current Zoning: Property owner's mailing addressAK, AK, q 07- q42 40+O Work Phone E-mail Addr. pU'^*nr1 AK,Q9atg Home phone ZipCity zip 9a,t 5KoDt < loB?- e, g tt E. ,EA, 11 AH/'u?--ur^[ AuNr{ rn(c x 3'7 t] State Home phone Agent's name (lf aPPlicable) OtrAR tt-CL Work Phone E-mail Addr City State Applicant lnformation Property owner's name qq6t5 Agent's rnailing address koD(At< 7o atrl Applicant Certifi cation I hereby ceilify as the propefi owner/authorized agint that thls appltcatlon for Plannlng_and Zoning Commission review ls true aid complete to tne ircst'of my knowledge and that il ts subrlltted ln accordance wlth the requircments of lhe applicable Kodtak lsland Borough Code, which includes a detatted slte plan' for varlance and condltlonal use reguests and which may tnctude optionat supporting documentatlon as lndlcated below. Other a 4-Z o lighting; berms, buffers, and screening order that an informed decision can be topography ? -L3 ' A derelopment plan for one or more lots on which is existing and proposed conditions of the of ingress and egress;spaces; walkways; meanslandscaping and openflood plains, wetlands, and waterways;vegetation, drainage, devices; sunounding development;; structures and buildings; signs andcirculation ; utility services made by the approving authoritYthat reasonably may be required inand any other information Book of Development Definitions, 01993 by Rutgers University)(Source: The New lllustrated DateSignatureSignatureProperty _ Addttlonal Narratlve/tltstory - As'bullt Survey Date shown the *Zoning Change. Fee Scherlule: (per KIB Assentbll' Resolution liff. Jtrly' l, 20(15) Lcss ttran 1.75 flcl'es 1.76 to S.(lfl acres 5.01 to 4().00 acrcs 40.0 I ilct'es ot' tllot'c $350.00 $750.()0 $ I.0(l0.tf 0 $ I,5l)0.0(l 50.00 Conditional Use Permit (KIBC 17.67.020.8) STAFF USE LY APR 26 Staff signature receiv "Q/rVApplication e1 LcaitoU 12 v (KrBC 7.66.020) $250.00 requests, site plan review, etc.Other (appearance Zoning change from to- t 46'/o ,.PA[D Code Section(s) lnvolved: cp* 7c) Variance (KIBC 1 6?e6 l\\rlJlAl\ larLAlll/ Er\rfu\rt \rlI - \rvllllllt lr!.. vL IbEYr rtrh!!' --' 710 Mirr Bay Rd., Roofs, *rffiffi:.Tffi.,"r::flr.r) 486-U3 - FAX (e07)486-e3eo Finance Department tc-ct a "/ I o Generrl 17.03.050 Approval by phnning rnd zonlng commisrion. When it is statcd in this titlc that uses are permitted subject to approval by the commission, an application for consideration shall be submittcd o the community dcvelopmetrt department with a sitc plan. ... Verirnce 11.65.020 Applicrtion. An application for a variancc may bc filod by a propcrty owncr or his authorizcd agcnt. The applicuion shall bc made on a form provided by the community development departmcnt ard accompanicd by thc rcquirod fce and site plan. All applicatioru shall be available for public inspection. 17.65.050 Approvrl or deniel. {...A. Approvat. If it is dre finding of the commissioq aftcr considcration of the investigator's rrport and rcceipt of testimony at the public hcaring, that thc usc proposcd in thc application, or under appropriuc conditions or rcstrictioos, mccts all ofthc following, the variurce shall bc grantcd:l. That thcrc arc cxccptional physical circumstanccs or conditions applicablc to the propcrty or to its intcndod usc or devclopmcnt which do not apply generally to other propcrtics in the srme land usc districg2. That thc strict application ofthc provisioos ofthis title would result in practical difficultics or unnccessary hardship;3. That the gnnting of the variancc will not rcsult in matcrial damage or prcjudicc to other propcrties in the vicinity nor be detrimantal to the public's health, safay or gcneral welfare; 4. That the granting ofthe variance will not bc contrary to thc objcctives ofthe comprclrensive plan; 5. That actions ofthc applicant did not carse special conditions or financial hadship or inconvenience from which rcliefis being sought by a variance; 6. That granting the variance will not pailrit a pmhibited land use in the disuict involvcd.B. Dcnial. If the commission finds, aftcr consideration of the investigato/s report and roceipt of testimony at the public hcaring, that it cannot make all of the requircd findings in subsection A ofthis scction it shall dcny the variance. 17.66.060 Condidonr. Thc commission, in granting thc variance, may establish conditioru undcr which a lot or parcel of land may bc used or a building constructed any othcr conditions, rcquiremcnts or safeguards that it may considcr noccssary to prevcnt damage or prcjudice to adjacent propertics or darimental to the borough. Whcn neccssary, the commission may rcquire gusrant€cs in such brm as dccnrod propcr undcr thc circumsanccs to cnsure that the conditions dcsignated will bc complied with. Conditionel Use 17.67.020 Applicrdon rnd fce.A. An application to thc community developmcnt departmcnt for a conditional use or modification of an cxisting conditional use may be initiated by a propefiy owncr or his urthorizod agant. B. An application for a conditional usc shall be filed with the deparuncnt on a fonn pmvided. The application for a conditional use permit shall be accompaniod by a filing fec, established by resolution ofthe assernbly, payable to thc bomugh. 17.57.030 Site phn. A d€railcd sitc plan showing the proposcd location ofall buildings and structrrcs on thc sitc, acccss points, drainagc, vehicular and pedestrian circulation pancms, parking arcas, ud the specific location of the use or uscs to be madc of thc dcvclopmcnt shall be submined with the application, togaher with other information as may bc rcquirEd to comply with the standards for a conditional use listcd in this chrytcr and in othcr pertincnt scctiotrs of this chapt6. and 17.67.050 A. B. C. D. E. benefis. Strrdrrdi. In granting a conditional use permit, the commission must make thc following findings: That thc conditiorul use will prrscrve the value, spirit, charactcr 8nd intc3rity ofthe sunounding area; That the conditional use fulfills all other roquiremcnts ofthis chaptcr pertaining to thc conditional usc in qucstion; That granting the conditional usc permit will not bc hannful to the public hcaltll safay, convcnience and comfort; That the suflicient setbacks, lot arca, buffcrs or other safeguards arc being providcd to mee the conditions listod in subsections A through C ofthis section; lf the permit is for a public use or struchrrc, the commission must fitrd that the proposcd use or structur€ is located in a manncr which will maximize public 17.67,060 Stipuletionr. ln rccommcnding the granting of a conditional ue, thc commission shall stipulate, in writing, rcquirernents which it finds necessary to carry out the intent of this chaprer. Thcse stipulations may increase the rcquired lot or yard size, control thc location and numbcr of vehicular access poins to the property, rpquirc screening and landscaping whcne necessary to reduce noise and glare, and maintain the propcrty in a character in kecping with surrounding area; or may impose othcr conditions and safeguards designed to emsure the comp*ibility ofthe conditional use with othcr uses in the district. Public Ure Lend Zone 17.33.020 Permittcd urer. Thc following land uscs are permined in thc public lands distria subjcct to the spprovd of a daailcd site plan by thc commission: Zero Lot Line Develooment 17.34.1)90 Slte plrn requiremcnt" DwelopmcnB of more than tfue. (3) common-wall structures shall providc a site plan containing the information rcquircd by section 17.67.030 of this title. Said site plan shall be rcviewcd and approvcd by the commission prior to issuance of a building permit. Boundarv Amendment (Rezonins) 17.12.030 Mrnner of lnidrtion. Changes in this title may be initiatcd in the following manncr A. The asscrnbly upon its own motion; B. The commission upon its owu motion; and C. Bypaitionofone(l)ormoreowncrsofpropertywithinanareaproposodtobcrezoncd. Apetitionshallbeintheformofanapplicstionforachangcinthc boundary of a district, shall be filcd in the community devclopment departnrent, be accompanied by the required fee and such data and information as may be necessary to assure the fullest practicable prescntation offacts and shall sa forth rcasons mdjustification for pmposing such change. Revised Jan. 2004 Document2 s Zo.A/\)I l -t- n T U ! trr Z ,s' t J \E\\ -\ ,-e)ls+- o lrs 919l4t (i LN oJ-P vo -a.,,J r ul +E R (_ eD @oo N8 c+3 BRl ;$-:g -f;E {- n C)qlt -a\-+ ("4) I tr a s' o (- .c- Jf, "(., r=. lg)' ?, </4. \ o ...) \q T o $ 1 I 1) ir IE -Lo f fll D 5N K) ${ )F ,$.> 2-l (,,t.) s \n 1 :o \JSs .L Taep'ac o 0 @ @ l(o -l fuD PooLtZJ*Ol)Sg -r/l --=-- ResTA'.-.:RAN1 t2 3 4 t6 6 t5 j"\trH As? 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