BELLS FLATS TR E OF TR A - Conditional Use PermitJim Graham & John Zbitnoff
PO Box 3147
Kodiak, AK 99615
Kodiak Island Borough
710 MILL BAY ROAD
KODIAK, ALASKA 99615-6398
February 22, 1996
RE: Case 96-004. Request for a conditional use permit, in accordance with Section
17.29.020.B of the Borough Code, to permit a new eleven (11) unit Single Resident
Occupancy structure to be located on a lot in the I-Industrial zoning district. Tract E of
Tract A, Bells Flats Alaska Subdivision.
Dear Mr. Graham and Mr. Zbitnoffi.
The Kodiak Island Borough Planning and Zoning Commission at their meeting on February 21,
1996, granted the conditional use permit request cited above, subject to the following conditions:
1. Documentation that engineered water supply and septic systems, as approved by ADEC,
are available, with capacity to support the intensity of the proposed uses and meeting the
separation requirements of ADEC regulations.
2. Review and approval by both the State Fire Marshall and the Womans Bay Fire Service
District Chief to insure that adequate water supply is available to meet potential fire
emergency needs.
THIS APPROVAL DOES NOT ALLOW ANY CONSTRUCTION TO BEGIN. Zoning
compliance and/or a building permit must first be obtained. An approved conditional use permit
must be permitted within a two year period to be valid. Please contact this office for further
details.
An appeal of this decision may be initiated by any party, by filing a written notice of appeal with
the Borough Clerk within twenty (20) days of the date 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
be accompanied by the appropriate appeal fee. Therefore, the Commission's decision will not be
final and effective until twenty (20) days following the decision.
This letter shall constitute the conditional use permit. Please bring it when you come to our office
to obtain zoning compliance for any construction on the property.
Kodiak island Borough
Tim Graham & John Zbitnoff
February 22, 1996
Page Two
The Commission adopted the following findings in support of their decision:
-17.67.05 A. That the conditional use will preserve the value, spirit, character and integrity of the
surrounding area.
The conditional use will preserve the value, spirit, character and integrity of the surrounding area
by requiring compliance with all applicable building and fire codes, as well as ADEC regulations
for siting and capacity of well and septic systems. Although this property is zoned I- Industrial,
the surrounding area is predominantly residential. The single residency units that will be provided
by this project will not be out of character with the general neighborhood, and will meet the need
for affordable housing for individuals without family holding transitional employment in Kodiak.
On industrial zoned property owned by the Livestock Co -op across the road, a caretaker
apartment upstairs in the slaughterhouse has housed a family for many years. On the same
property, a mobile home was permitted by exception for a number of years. A trailer served as a
watchman's unit at the batch plant, property likewise zoned industrial further up the Sargent
Creek Road.
17.67.05 B. That the conditional use fulfills all other requirements of this chapter pertaining to
the conditional use in question.
This conditional use fulfills other requirements of the chapter in providing for controls and
safeguards to insure the compatibility of the conditional use with permitted principal uses. Since,
in this case, the proposed conditional use (residential) is less intense that most, if not all, permitted
uses in the I- Industrial zoning district, any potential impact on surrounding properties would
logically be, in degree, less that might result from a permitted uses. The most significant impact is
the amount of traffic generated by the project in this area. The accompanying parking plan has
indicated more than adequate required parking, along with safe and adequate ingress /egress and
vehicular circulation.
17.67.05 C. That granting the conditional use permit will not be harmful to the public health,
safety, convenience and comfort.
As a commercial building, this facility containing a combination of office space and single
residence occupancy units will be subject to review and approval by the State Fire Marshall as
part of the standard plan review conducted by the Building Officials with the Uniform Building
Code. It will also be reviewed by Womens Bay Fire Service District Chief. In addition,
Kodiak Island Borough
Jim Graham & John Zbitnoff
February 22, 1996
Page Three
engineered systems for the proposed well and septic are required by ADEC corresponding to the
intensity of use. While this property is zoned I-Industrial, there is no heavy industrial use in the
immediate area which might present a conflict with the residential use component of this facility.
This project can serve not only to safely meet the intent for provision of affordable housing of the
recently adopted SRO code section, but also, through a balance of compatible mixed uses, prove
to be an amenity to the Womans Bay community.
17.67.05 D. That sufficient setbacks, lot area, buffers or other safeguards are being provided to
meet the conditions listed in subsections A through C of this section.
The zoning district setback requirements provide for thirty (30) foot front and twenty (20) foot
side and rear yard setbacks. Since the uses proposed as part of this project are less intense that
many potential industrial uses, it would stand to reason that the standard zoning district setbacks
would suffice. Additional setbacks can be required if the Commission deems it necessary.
Natural buffering is provided by brush and vegetation on the north and west boundaries of the
property. The other two sides of the property are bordered by roads.
If you have any questions about the action of the Commission, please contact the Community
Development Department at 486-9362.
Sincerely,
Bob Scholze, Associate Planner
Community Development Department
Jack McFarland, Assembly member, appeared before the Commission to clarify the
Assembly's intent in sending the 1991 & 1992 tax foreclosed properties back to the
Commission for individual review. The Assembly identified in amendment #5 of their
ordinance, that they intended that the Commission make a formal recommendation to the
Assembly "on a site specific basis where the nature of the property, with respect to the
value to the Kodiak Island Borough, the Refuge, or the general public, will be addressed."
Mr. McFarland clarified that the Assembly was giving the Commission the power to
identify the best use for each individual parcel, and hoped that they would review each
parcel using the criteria .mentioned in the ordinance, and then forward their
recommendation to the Assembly.
There were no further audience comments or appearance requests.
VI. PUBT.TC HEARINGS
A) Case 96-004. Request for a conditional use permit, in accordance with Section
17.29.020.B of the Borough Code, to permit a new eleven (11) unit Single
Resident Occupancy structure to be located on a lot in the I-Industrial zoning
district. Tract E of Tract A, Bells Flats Alaska Subdivision.
BOB SCHOLZE indicated 16 public hearing notices were mailed for this case and
none were returned. Staff recommended approval of this request subject to two
conditions.
COMMISSIONER SELIG MOVED TO GRANT a request for a conditional use
permit, in accordance with Section 17.29.020.B of the Borough Code, to permit a
new eleven (11) unit Single Resident Occupancy structure to be located on Tract E
of Tract A, Bells Flats Alaska Subdivision; subject to the conditions of approval
contained in the staff report dated February 7, 1996; and to adopt the findings in
that staff report as "Findings of Fact" for this case
CONDITIONS OF APPROVAL
Documentation that engineered water supply and septic systems, as
approved by ADEC, are available, with capacity to support the intensity of
the proposed uses and meeting the separation requirements of ADEC
regulations.
2. Review and approval by both the State Fire Marshall and the Womans Bay
Fire Service District Chief to ensure that adequate water supply is available
to meet potential fire emergency needs.
P & Z Minutes: February 2l, 1996 Page 2 of 10
FINDINGS OF FACT
17.67.05 A. That the conditional use will preserve the value, spirit, character and
integrity of the surrounding area.
The conditional use will preserve the value, spirit, character and integrity of the
surrounding area by requiring compliance with all applicable building and fire
codes, as well as ADEC regulations for siting and capacity of well and septic
systems. Although this property is zoned I- Industrial, the surrounding area is
predominantly residential. The single residency units that will be provided by this
project will not be out of character with the general neighborhood, and will meet
the need for affordable housing for individuals without family holding transitional
employment in Kodiak. On industrial zoned property .owned by the Livestock Co-
op across the road, a caretaker apartment upstairs in the slaughterhouse has
housed a family for many years. On the same property, a mobile home was
permitted by exception for a number of years. A trailer served as a watchman's
unit at the batch plant, property likewise zoned industrial further up the Sargent
Creek Road.
17.67.05 B. That the conditional use fulfills all other requirements of this chapter
pertaining to the conditional use in question.
This conditional use fulfills other requirements of the chapter in providing for
controls and safeguards to insure the compatibility of the conditional use with
permitted principal uses. Since, in this case, the proposed conditional use
(residential) is less intense that most, if not all, permitted uses in the I- Industrial
zoning district, any potential impact on surrounding properties would logically be,
in degree, less that might result from a permitted uses. The most significant impact
is the amount of traffic generated by the project in this area. The accompanying
parking plan has indicated more than adequate required parking, along with safe
and adequate ingress /egress and vehicular circulation.
17.67.05 C. That granting the conditional use 'permit will not be harmful to the
public health. safety. convenience and comfort.
As a commercial building, this facility containing a combination of office space and
single residence occupancy units will be subject to review and approval by the
State Fire Marshall as part of the standard plan review conducted by the Building
Officials with the Uniform Building Code. It will also be reviewed by Womens
Bay Fire Service District Chief. In addition, engineered systems for the proposed
well and septic are required by ADEC corresponding to the intensity of use. While
this property is zoned I- Industrial, there is no heavy industrial use in the immediate
area which might present a conflict with the residential use component of this
P & Z Minutes: February 21, 1996 Page 3 of 10
facility. This project can serve not only to safely meet the intent for provision of
affordable housing of the recently adopted SRO code section, but also, through a
balance of compatible mixed uses, prove to be an amenity to the Womans Bay
community.
17.67.05 D. That sufficient setbacks, lot area, buffers or other safeguards are
being provided to meet the conditions listed in subsections A through C of this
section.
The zoning district setback requirements provide for thirty (30) foot front and
twenty (20) foot side and rear yard setbacks. Since the uses proposed as part of
this project are less intense that many potential industrial uses, it would stand to
reason that the standard zoning district setbacks would suffice. Additional
setbacks can be required if the Commission deems it necessary. Natural buffering
is provided by brush and vegetation on the north and west boundaries of the
property. The other two sides of the property are bordered by roads.
The MOTION was seconded.
Regular Session Closed.
Public Hearing Opened:
Seeing and hearing none.
Public Hearing Closed.
Regular Session Opened.
The question was called and the motion CARRIED by unanimous roll call vote.
B) Case S96-004. Request for preliminary approval of the subdivision of Lot 17B,
Russian Creek Alaska Subdivision, creating Lots 17B-1 and 17B-2, Russian Creek
Alaska Subdivision. 12185 Noch Circle.
BOB SCHOLZF. indicated 45 public hearing notices were mailed for this case and
1 was returned, stating no objection to this request. Staff recommended approval
of this request subject to one condition.
COMMISSIONER TURNER MOVED TO GRANT preliminary approval of the
subdivision of Lot 17B, Russian Creek Alaska Subdivision, creating Lots 17B-1
and 17B-2, Russian Creek Alaska Subdivision, subject to the condition of approval
contained in the staff report dated February 7, 1996 and to adopt the findings in
that staff report as "Findings of Fact" for this case.
P & Z Minutes: February 21, 1996 Page 4 of 10
Public Hearing Item VI -A
Kodiak Island Borough
Planning and Zoning Commission
SUMMARY STATEMENT - FEBRUARY 14, 1996
Meeting of February 21, 1996
ITEM TITLE: Case 96 -004. Request for a conditional use permit, in accordance with Section
17.29.020.B of the Borough Code, to permit a new eleven (11) unit Single Resident Occupancy
structure to be located on a lot in the I- Industrial zoning district. Tract E of Tract A, Bells Flats
Alaska Subdivision.
RECOMMENDED ACTION:
Staff believes that this request meets all the conditions necessary, as reflected in the findings of
fact, for a conditional use permit to be granted under Chapter 17.67 (Conditional Use Permits) of
the Borough Code, subject to conditions.
APPROPRIATE MOTION:
Move to grant a request for a conditional use permit, in accordance with Section
17.29.020.B of the Borough Code, to permit a new eleven (11) unit Single
Resident Occupancy structure to be located on Tract E of Tract A, Bells Flats
Alaska Subdivision; subject to the conditions of approval contained in the staff
report dated February 7, 1996; and to adopt the findings in that staff report as
"Findings of Fact" for this case.
CONDITIONS OF APPROVAL
1. Documentation that engineered water supply and septic systems, as approved by ADEC,
are available, with capacity to support the intensity of the proposed uses and meeting the
separation requirements of ADEC regulations.
2. Review and approval by both the State Fire Marshall and the Womans Bay Fire Service
District Chief to insure that adequate water supply is available to meet potential fire
emergency needs.
DATE:
TO:
FROM:
SUBJECT:
Public Hearing Item V1 A
Kodiak Island Borough
CASE:
APPLICANT:
AGENT:
REQUEST:
LOCATION:
ZONING:
MEMORANDUM
February 7, 1996
Planning and Zoning Commission
Community Development Department
Information for the February 21, 1996 Regular Meeting
96-004
A.K. Construction
Jim Graham
A conditional use permit, in accordance with Section 17.29.020.B of the
Borough Code, to permit a new eleven (11) unit Single Resident Occupancy
structure to be located on a lot in the I- Industrial zoning district.
Tract E of Tract A, Bells. Flats Alaska Subdivision
I- Industrial
Sixteen (16) public hearing notices were mailed on January 31, 1996.
Date of site visit:
1.
January 31, 1996
Zoning History: The 1968 Comprehensive Plan does not identify zoning in the
Womans Bay area. The 1982 Womans Bay Community Plan
identifies this . area as Industrial. Tract E of Tract A was rezoned
from Unclassified to I- Industrial by Ordinance 69 -30 -0.
2. Lot Size:
3. Existing Land Use:
4. Surrounding Land Use and Zoning:
North:
South:
Lot 7, USS 2539 (USCG)
Use: Vacant
Zoning: C- Conservation
Ptn. Lt. 1, USS 2539 (Russian Creek)
Use:
Zoning:
Vacant
C- Conservation
77,275 square feet
Vacant
Case 96-004 Page 1 of 8 P & Z: February 21, 1996
East:
West:
Public Hearing Item V1-A
Chiniak Highway
Use: N/A
Zoning: N/A
Block 4, Tract A, Bells Flats Subdivision
Use: Slaughterhouse; apartment; recycle business; gear storage.
Zoning: I-Industrial
5. Comprehensive Plan:
6. Applicable Regulations:
The 1982 Womans Bay Comprehensive Plan depicts this
area as I-Industrial.
The following sections of Title 17 (Zoning) of the Borough
Code and the Kodiak Island Borough Coastal Management
Program are applicable to this request:
Single Resident Occupancy:
17.29.010 Description and Intent
An SRO--Single Resident Occupancy, is a commercial building containing at least 11 rooming
units which are available for rent for periods of 7 days or longer. Conversion of existing
commercial buildings to SRO is allowed in zoning districts that permit multifamily residential
development or apartments.
These SRO regulations are considered to be in addition to the regulations of the underlying
zoning districts where SRO development is permitted. SRO's must meet the current local
standards for building and life safety.
17.29.020 Zones where SROs Permitted
A. SRO is allowed in the R3--Multifamily Residential, B--Business, RB—Retail Business and
UNC--Urban Neighborhood Commercial zoning districts, subject to the same district
requirements applicable to multifamily residential or apartment uses in those zoning
districts.
B. SRO is a conditional use in the I--Industrial and LI--Light Industrial zoning districts.
17.29.030 Additional Standards
A. Rooming units must have a minimum of 70 square feet with an extra 50 square feet for
each additional occupant. Rooms will not be less than 7 feet in any dimension.
B. Twenty-four hour on-site management must be provided at an SRO. When an SRO is
considered by the Planning and Zoning Commission as a conditional use, the applicant will
provide the Commission with a copy of the proposed rules and residency requirements
governing the SRO. The management will be solely responsible for the enforcement of all
rules that are reviewed and approved by the Commission as part of a conditional use
permit.
17.29.040 Parking
Off-street parking must be provided at a rate of 1 space per 3 rooming units plus 1 spaces per 2
employees on the largest shift, but not less than 2 spaces, plus 1 space per vehicle used in the
operation of the SRO.
Case 96-004
Page 2 of 8 P & Z: February 21, 1996
Public Hearing Item VI-A
17.29.050 Common Spaces
The building shall contain a minimum of 250 square feet of common space such as recreation
areas, lounges, and living spaces. An additional ten (10) square feet of common space is required
per rooming unit over 11. Bathrooms, laundries, hallways, the main lobby, vending areas, and
kitchens shall not be counted as common space.
17.29.070 Garbage disposal and receptacles
Garbage disposal and receptacles are to be provided by the property owner. Garbage receptacles
must be located on the lot or property in a manner that does not hinder access to any required off-
street parking or loading spaces.
Definition:
17.06.495 - Single resident occupancy. A 'tingle resident occupancy" or 'tingle room
occupancy" (SRO) is a housing type consisting of one room, with or without cooking facilities
and with private or shared bathroom facilities. A-SRO is also a commercial building similar in use
and function to a hotel or apartment building (e.g. multiple family dwelling) composed of eleven
(11) or more studio apartments or rooming units that are available for rent for periods of seven
(7) days or more.
Conditional Use Permits:
17.67.050 Standards. In granting a conditional use permit, the planning and zoning commission
must make the following findings:
A. That the conditional use will preserve the value, spirit, character and integrity of the
surrounding area;
B. That the conditional use fulfills all other requirements of this chapter pertaining to the
conditional use in question;
C. That granting the conditional use permit will not be harmful to the public health, safety,
convenience and comfort;
D. That the sufficient setbacks, lot area, buffers or other safeguards are being provided to
meet the conditions listed in subsections A through C of this section;
E. If the permit is for a public use or structure, the commission must find that the proposed
use or structure is located in a manner which will maximize public benefits. (Ord. 81-31-0
2(part), 1981).
COASTAL MANAGEMENT APPLICABLE POLICIES
Industrial Development
1. Natural Features
Case 96-004
Dredge and fill, excavation, shoreline alteration and disturbance of anadromous
streams, tideflats and wetlands shall be minimized when constructing and operating
port, harbor, dock, industrial and energy facilities if permitted under applicable
regulations.
Page 3 of 8 P & Z: February 21, 1996
Consistent:
Public Hearing Item V1-A
Yes. This action does not involve excavation or alteration
of the shoreline, disturbance of anadromous streams,
tideflats, or wetlands. Proposed structural development is
in an area initially cleared and utilized for warehouse
foundations during Navy occupancy in WW 11.
2. Natural Setting, Views and Access
Development shall be conducted in a manner that mitigates adverse impacts upon
the Kodiak Archipelago; developers shall provide opportunities for public access
to the shoreline and scenic views, to the extent feasible and prudent.
Consistent: Not Applicable. The proposed action will not restrict
public access to the shoreline or scenic views.
Dredge and Excavation Material
Dredging and filling shall be consistent with ACMP Standards 6 AAC 80.040
(Coastal Development) and 6 AAC 80.110 (Mineral and Mining Processing).
Dredge spoil may be utilized in shoreside landfills if permitted under applicable
regulations for the purpose of creating usable waterfront land.
Consistent: Not Applicable. This action does not involve dredging or
filling along the shoreline.
4. Facility Design
Developments in or over the water, such as piers, docks and protective structures
shall be located, designed and maintained in a manner that prevents adverse
impacts upon water quality, fish, wildlife and vegetative resources and minimizes
interruption of water circulation patterns, coastal processes and navigation.
Consistent: Not Applicable. This action does not involve development
in or over the water.
5. Buffer Zones
Buffer zones shall be established to the extent feasible and prudent, between
business areas and major public transportation routes and between business
Case 96-004 Page 4 of 8 P & Z: February 21, 1996
Public Hearing Item VI-A
development and adjacent, non-business properties in order to minimize conflicts
between land uses.
Consistent:
Not applicable. This property is located in a long
established industrial area. The Commission can require
additional buffering, setbacks, or other safeguards under
CUP standards if necessary.
6. Accessory Development
Accessory development that does not require a shoreline location in order to carry
out its support functions shall be sited away from the shoreline whenever there is a
feasible and prudent inland alternative. this category includes parking,
warehousing, open air storage, waste storage, treatment or storm runoff control
facilities or utilities.
Consistent: Not Applicable. This action does not involve accessory
development along the shoreline.
7. Wetlands
Filling and drainage of water bodies, floodways, backshores or natural wetlands
shall be consistent with ACMP Standards 6 AAC 80.070 (Energy Facilities) and 6
AAC 80.130 (Habitats).
Consistent:
Not Applicable. This proposed action does not involve fill
or draining of water bodies, floodways, backshores or
wetlands.
COMMENTS
This request is to construct, in Bells Flats on property zoned I--Industrial, a facility that includes
single resident occupancy units according to the recently adopted Borough Code Chapter 17.29,
SRO-Single Resident Occupancy Development Standards. KIBC 17.29.020.B allows SRO's as a
conditional use in the I-Industrial zoning district.
According to the floor plans submitted, the forty by seventy (40 x 70) foot structure will provide
2800 square feet on the second floor for eleven (11) rooms with shared baths designed for single
person occupancy. The second floor design also includes a shared kitchen area and a common
Case 96-004 Page 5 of 8 P & Z: February 21, 1996
Public Hearing Item VI-A
area. The first floor of the structure consists of 2000 square feet of office space and 800 square
feet of retail space.
The site plan submitted indicates that twenty-eight (28) parking spaces are provided in addition to
a required loading space. Nineteen (19) total parking spaces, plus a loading space, are required
(five spaces for the eleven SRO units at one space per three units plus one space for
employee/manager; ten spaces for the proposed office space at one space per 200 square feet;
and four spaces for the proposed retail space at one space per 200 square feet). Therefore, there
is a surplus of nine (9) parking spaces. Other applicable parking code requirements addressing
vehicular circulation, access, and ingress/egress are met according to the site plan submitted.
As a commercial building, the building plans will be submitted to the State Fire Marshall for
review and approval. In addition, the project plan will be reviewed by the chief of the Womans
Bay Fire District.
The applicant/property owner is proposing to support the facility with a septic system which will
be located at the far northwesterly point of the property, approximately 400-500 feet from the
structure. A well is to be located between the facility and septic field, approximately 300 feet
from the septic field. The water table in the area may be relatively high, requiring a mounded
septic system. ADEC approval of the engineered plans for well and septic demonstrating
adequate capacity for the proposed intensity of use and conformity with separation requirements
is suggested by staff to be included as a condition of approval for the CUP.
The applicant has submitted rules and residency requirements governing the SRO as required by
17.29.030 Additional Standards. They are attached for Commission review and approval.
RECOMMENDATION
Staff believes that this request meets all the conditions necessary, as reflected in the findings of
fact, for a conditional use permit to be granted under Chapter 17.67 (Conditional Use Permits) of
the Borough Code, subject to conditions.
APPROPRIATE MOTION
Should the Commission agree with the staff recommendation, the appropriate motion is:
Move to grant a request for a conditional use permit, in accordance with Section
17.29.020.B of the Borough Code, to permit a new eleven (11) unit Single
Resident Occupancy structure to be located on Tract E of Tract A, Bells Flats
Alaska Subdivision; subject to the conditions of approval contained in the staff
Case 96-004 Page 6 of 8 P & Z: February 21, 1996
Public Hearing Item VI-A
report dated February 7, 1996; and to adopt the findings in that staff report as
"Findings of Fact" for this case.
CONDITIONS OF APPROVAL
1. Documentation that engineered water supply and septic systems, as approved by ADEC,
are available, with capacity to support the intensity of the proposed uses and meeting the
separation requirements of ADEC regulations.
2. Review and approval by both the State Fire Marshall and the Womans Bay Fire Service
District Chief to insure that adequate water supply is available to meet potential fire
emergency needs.
FINDINGS OF FACT
17.67.05 A. That the conditional use will preserve the value, spirit, character and integrity of the
surrounding area.
The conditional use will preserve the value, spirit, character and integrity of the surrounding area
by requiring compliance with all applicable building and fire codes, as well as ADEC regulations
for siting and capacity of well and septic systems. Although this property is zoned I-Industrial,
the surrounding area is predominantly residential. The single residency units that will be provided
by this project will not be out of character with the general neighborhood, and will meet the need
for affordable housing for individuals without family holding transitional employment in Kodiak.
On industrial zoned property owned by the Livestock Co-op across the road, a caretaker
apartment upstairs in the slaughterhouse has housed a family for many years. On the same
property, a mobile home was permitted by exception for a number of years. A trailer served as a
watchman's unit at the batch plant, property likewise zoned industrial further up the Sargent
Creek Road.
17.67.05 B. That the conditional use fulfills all -other requirements of this chapter pertaining to
the conditional use in question.
This conditional use fulfills other requirements of the chapter in providing for controls and
safeguards to insure the compatibility of the conditional use with permitted principal uses. Since,
in this case, the proposed conditional use (residential) is less intense that most, if not all, permitted
uses in the I-Industrial zoning district, any potential impact on surrounding properties would
logically be, in degree, less that might result from a permitted uses. The most significant impact is
the amount of traffic generated by the project in this area. The accompanying parking plan has
Case 96-004 Page 7 of 8 P & Z: February 21, 1996
Public Hearing Item VI-A
indicated more than adequate required parking, along with safe and adequate ingress/egress and
vehicular circulation.
17.67.05 C. That granting the conditional use permit will not be harmful to the public health,
safety, convenience and comfort.
As a commercial building, this facility containing a combination of office space and single
residence occupancy units will be subject to review and approval by the State Fire Marshall as
part of the standard plan review conducted by the Building Officials with the Uniform Building
Code. It will also be reviewed by Womens -Bay Fire Service District Chief. In addition,
engineered systems for the proposed well and septic are required by ADEC corresponding to the
intensity of use. While this property is zoned I-Industrial, there is no heavy industrial use in the
immediate area which might present a conflict with the residential use component of this facility.
This project can serve not only to safely meet the intent for provision of affordable housing of the
recently adopted SRO code section, but also, through a balance of compatible mixed uses, prove
to be an amenity to the Womans Bay community.
17.67.05 D. That sufficient setbacks, lot area, buffers or other safeguards are being provided to
meet the conditions listed in subsections A through C of this section.
The zoning district setback requirements provide for thirty (30) foot front and twenty (20) foot
side and rear yard setbacks. Since the uses proposed as part of this project are less intense that
many potential industrial uses, it would stand to reason that the standard zoning district setbacks
would suffice. Additional setbacks can be required if the Commission deems it necessary.
Natural buffering is provided by brush and vegetation on the north and west boundaries of the
property. The other two sides of the property are bordered by roads.
Case 96-004
Page 8 of 8 P & Z: February 21, 1996
CAS
TRACT
BELLS
96-004
OF TRACT
-LATS AK SURD
PLBLIC \OTICE AREA
-.000 =RON/
EXTERIOR LOT LI\ES
02/14/96 10:14 FAX 9074872185
A -K Construction
James H. Graham
P.O. Box 3147
'Kodiak, AK 99615
February 14, 1996
Kodiak Island Borough
710 Mill Bay Road
Kodiak, AK 99615
Atlas: Bob Scholze
FEB 1 41996
COMMUNfl TEV L PMENT
Re: Application for Conditional Use of SRO in Industrial Zoning District
Proposed. Rules and Residency Requirements
Dear Bob:
The attached page is a. listing of the rules and residency r that we propose for
the above mentioned project_
Please call if you need anything clsc.
juu.IUb214.doc
Post -It'" brand fax transmittal memo 7671 #af paw., .
TO
b 5c 1zc
11001
02/14/96 10:14 FAX 9074872185
A -K Construction 1 002
RULES
1) The purpose of the rental is to provide only residential
accommodations for the tenants_
2) Residents are to be 18 years old or older.
3) IVlinimum term of residency will be 7 days.
4) Residents will be required to execute a rental
agreement outlining the terms, conditions, rules and
requirements of residency.
5) Single occupancy per room.
6) The on-site manager is responsible for enforcement
of the rules and maintenance ofthe facility.
7) Tenants are limited to one vehicle in the rear parking
lot.
8) No outside storage is allowed.
9) Weekly janitorial service will be performed on all
common areas and service for individual rooms can be
arranged for by the individual tenant.
10) Residents are required to keep the as ea reasonably
neat and clean
11) Residents are required to respect the right; of other
tenants; excessive noise, verbal or physical abuse, or
actions lnfiinging on the privacy of others will be
cause for termination of the rental agreement and
eviction of that tenant
12) Phone and cable television, if needed, are the
responsibility ofthe tenant_
13) No pets or animals are allowed.
jimxu1e 96.doc
FEB 1 41996
COMMUNITY DEVELOPMENT
DEPARTMENT
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Tim Graham & John Zbitnoff
PO Box 3147
Kodiak, AK 99615
Kodiak Island Borough
710 MILL BAY ROAD
KODIAK, ALASKA 99615-6398
January 31, 1996
RE: Case 96-004. Request for a conditional use permit, in accordance with Section
17.29.020.B of the Borough Code, to permit a new eleven (11) unit Single Resident
Occupancy structure to be located on a lot in the I-Industrial zoning district. Tract E of
Tract A, Bells Flats Alaska Subdivision.
Dear Mr. Graham and Mr. Zbitnoff:
Please be advised that the request referenced above has been scheduled for review and action by
the Kodiak Island Borough Planning and Zoning Commission at their February 21 1996 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 recommended.
The week prior to the regular meeting, on Wednesday, February 14, at 7:30 p.m. in the Borough
Conference Room (#121), the Commission will hold a worksession to review the packet material
for the regular meeting. You are invited to attend this worksession in order to respond to any
questions the Commission may have regarding this request.
If you have any questions, please call the Community Development Department at 486-9363.
Sincerely,
Eileen Probasco, Secretary
Community Development Department
Introduced by: Mayor Selby
Requested by: Planning &
Zoning Commission
Drafted by: Community
Development Department
Introduced: 01/04/96
Public Hearing: 01/18/96
Adopted: 01/18/96
KODIAK ISLAND BOROUGH
ORDINANCE NO. 96-01
AN ORDINANCE AMENDING KODIAK ISLAND BOROUGH CODE OF ORDINANCES
TITLE 17 ZONING BY ADDING SRO--SINGLE RESIDENT OCCUPANCY
DEVELOPMENT STANDARDS
WHEREAS, there is a need for more affordable housing options within the Kodiak
Island Borough; and
WHEREAS, single resident occupancy -standards provide a housing option not
currently available under the Borough zoning code; and
WHEREAS, the Planning and Zoning Commission has recommended that Title 17 be
amended to incorporate SRO--Single Resident Occupancy Development Standards.
NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND
BOROUGH THAT:
Section 1: This ordinance is of a general and permanent nature and shall become
a part of the Kodiak Island Borough Code of Ordinances.
Section 2: Kodiak Island Borough Code of Ordinances Chapter 17.29 SRO--SINGLE
RESIDENT OCCUPANCY STANDARDS is hereby enacted as follows:
Chapter 17.27
SRO - SINGLE RESIDENT OCCUPANCY STANDARDS
Sections:
17.29.010 Description and intent
17.29.020 Permitted SRO zones
17.29.030 Additional standards
17.29.040 Parking
17.29.050 Common spaces
17.29.060 Signs
17.29.070 Garbage disposal and receptacles
Kodiak Island Borough, Alaska Ordinance No. 96-01
Page 1 ol 3
17.29.010 Description and intent. An SRO -- Single Resident Occupancy is a
commercial building containing at least eleven (1 1) rooming units that are available
for rent for periods of seven (7) days or more. Conversion of existing commercial
buildings to SRO is allowed in zoning districts that permit multifamily residential
development or apartments.
These SRO regulations are considered to be in addition to the regulations of the
underlying zoning districts where SRO development is permitted. SRO's must meet
the current local standards for building and life safety.
17.29.020 Permitted SRO zones.
A. SRO is allowed in the R3-- multifamily residential, B -- business, RB-- retail
business and UNC- -urban neighborhood commercial zoning districts subject to the
same district requirements applicable to multifamily residential or apartment uses in
those zoning districts.
B. SRO is a conditional use in the I-- industrial and LI- -light industrial zoning
districts.
17.29.030 Additional standards.
A. Rooming units must have a minimum of seventy (70) square feet with an extra
fifty (50) square feet for each additional occupant. Rooms will not be less than seven
(7) feet in any dimension.
B. Twenty -four hour on -site management must be provided at an SRO. When an
SRO is considered by the Planning and Zoning Commission as a conditional use, the
applicant will provide the Commission with a copy of the proposed rules and
residency requirements governing the SRO. The management will be solely
responsible for the enforcement of all rules that are reviewed and approved by the
Commission as part of a conditional use permit.
17.29.040 Parking. Off- street parking must be provided at a rate of one (1) space
per three (3) rooming units plus one (1) space per two (2) employees on the largest
shift, but not Tess than two (2) spaces plus one (1) space per vehicle used in the
operation of the SRO.
17.29.050 Common spaces. The building shall contain a minimum of two hundred
fifty (250) square feet of common space such as recreation areas, lounges, and living
spaces. An additional ten (10) square feet of common space is required per rooming
unit over eleven (11). Bathrooms, laundries, hallways, the main lobby, vending areas,
and kitchens shall not be counted as common space.
17.29.060 Signs and fences. Additional regulations for signs and fences are
contained in chapters 17.60 and 17.54.
Kodiak Island Borough, Alaska Ordinance No. 96 -01
Page 2 of 3
17.29.070 Garbage disposal and receptacles. Garbage disposal and receptacles are
to be provided by the property owner. Garbage receptacles must be located on the
lot or property in a manner that does not hinder access to any required off-street
parking or loading spaces.
Section 3: Kodiak Island Borough Code Chapter 17.06 DEFINITIONS is hereby
amended to add the following definition:
17.06.495 - Single resident occupancy. A single resident occupancy or single room
occupancy (SRO) is a housing type consisting of one (1) room with or without
cooking facilities and with private or shared bathroom facilities. A SRO is also a
commercial building similar in use and function to a hotel or apartment building (e.g.
multiple family dwelling) composed of eleven (11) or more studio: apartments or
rooming units that are available for rent for periods of seven (7) days or more.
Section 4: Kodiak Island Borough Code Chapter 17.09 OFFICIAL ZONING MAPS--
DISTRICT BOUNDARIES is amended to add the following:
17.09.010 Districts established.
S. SRO-single resident occupancy.
ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
THIS EIGHTEENTH DAY OF JANUARY, 1996
ATTEST:
KODIAK ISLAND BOROUGH
r7.
Jerie M. S
V 1C,
Donna F. Smith, CMC, Borough Clerk
ary L. Stevens, Presiding Officer
Kodiak Island Borough. Alaska
Ordinance No. 96-0
Page 3 of 3
kODIAK ISLAND BOROUtifl
CO 1 DEVELOPMENT DEPARTMENT
710 Mill Bay Road, Kodiak, Alaska 99615
Public Hearing Item VI-A
PUBLIC HEARING NOTICE
A public hearing will be held on Wednesday, February 21, 1996. 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 96-004. Request for a conditional use permit, in accordance with Section
17.29.020.B of the Borough Code, to permit a new eleven (11) unit Single
Resident Occupancy structure to be located on a lot in the I-Industrial zoning
district. Tract E of Tract A, Bells Flats Alaska Subdivision.
This notice is being sent to you because our records indicate you are a property owner in the area of the request. If
you do not wish to testify verbally, you May provide your' cotiMient's in the space below, or in a letter to the
Community Development Department prior to the meeting. If you wpitld like to fax your comments to us, our fax
number is: (907) 486-9374. 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, February 14, 1996 a work session will be held at 7:30 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 486-9362.
Your Name: Mailing Address:
Your property description:
Comments:
. .
Kodiak Island Borough *LIVE* GEO BASED PROPERTY SYSTEM PAGE
DATE 1/30/96 VENUE: WOMANS BAY 180220
TIME 15:27:52 FORM LETTER #: 9 PROPERTY GROUP LISTING GROUP #: 60049 CDSEC3
FORM LETTER DESCRIPTION: PHN VENUE 9
PROPERTY NUMBER OWNER NAME
PROPERTY ADDRESS MAILING ADDRESS
R9002003999
R9002004000
R9002005000
R9002030010
R9002040030
R9003070180
R9003070182
R9003070190
TOTAL LETTERS:
ROYAL LARGE BELLS FLATS LARGE,ROYAL
KODIAK AK 99615 2421 SPIRIT LAKE HWY
CASTLE ROCK WA 98611
FINZER STORAGE/WAREHOUSE 220 SARGENT CREEK RD FINZER STORAGE/WAREHOUSE
KODIAK AK 99615 P.O. BOX 4364
KODIAK AK 99615
JAMES ETAL GRAHAM 00000 SARGENT CREEK RD JAMES GRAHAM & JOHN ZBITNOFF
KODIAK AK 99615 P 0 BOX 3147
KODIAK AK 99615
BRECHAN ENTERPRISES INC 00224 SALMONBERRY DR BRECHAN ENTERPRISES INC
KODIAK AK 99615 P.O. BOX 1275
KODIAK AK 99615
KODIAK LIVESTOCK CO-OP 00346 SARGENT CREEK RD KODIAK LIVESTOCK CO-OP
KODIAK AK 99615 P.O. BOX 273
KODIAK AK 99615
STEPHEN O'BRIEN ETAL 10826 BELLS FLATS RD STEPHEN O'BRIEN & JANET WENTE
KODIAK AK 99615 SR BOX 7010
KODIAK AK 99615
DALE & MABEL RICE 10746 BELLS FLAT DALE & MABEL RICE
KODIAK AK 99615 10746 BELLS FLATS RD
KODIAK AK 99615
RHONDA & RICHAR ELLINGSON 10890 BELLS FLATS RD RHONDA & RICHARD ELLINGSON, JR.
KODIAK AK 99615 P.O. BOX 633
KODIAK AK 99615
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KODIAK ISLAND BOROUGH
COf 1UNITY DEVELOPMENT DE°A,RTMENT
710 MILLI TOAD, ROOM 205, KODIAK, ALASKA 9961E 8, (907) 486 -9362
The application fee for items covered by this form is $200.00, except as otherwise noted.
Conditional Use Permits, and Variance applications also require the submission of a site plan.
Applicant Information
Property owner's name: ;1. 644i-444 -1 Z fT �cfl
Property owner's mailing address: 207( 3 f'-f-7
City: GV 119K.. State: OK Zip: eis4& (5
Home phone: ( Work phone: 7 IP -r 1
If applicable, Agent's name: /J!�
Agent's mailing address:
City: State: Zip:
Home phone: Work phone:
Legal Description:
Present use of property:
Property Information
r'?G or 77e A .'Ez -s Z3 Sued
Proposed use of property:
•R.0
)! 11tJ(1) MIrJt yvll,trk
Applicant Certification
/, the applicant/authorized agent, have been advised of the procedures involved with this request and have recieved a
copy of the appropriate regulations.
\c\ \c‘L-,
Authorized Agent's Signature Date Property Owner's Signature Date
STAFF USE ONLY
Code Section(s) involved:
Variance
Conditional Use Permit
Title 18 Review
Other (appearance requests, etc.) $50.00
Zoning change from to
Application received by: �f� (?C�� --� /ac
Staff signature
PAYMENT
VERIFICATION
0000030 000017282
1/, 16:22:03 citeei�
i'.. 200.00 116
r�E_ F iiyi4 LINE ;11
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ate`'
July, 1993
James H. Graham
P.O. Box 3147
Kodiak, AK 99615
January 19, 1996
Kodiak Island Borough
710 Mill Bay Road
Kodiak, AK 99615
To: Linda Freed
Re: Application for Conditional Use of SRO in Industrial Zoning District
Proposed rules and residency requirements
Dear Linda:
Residency requirements for tenants in the proposed building will include:
• Residents must be 18 years old or older
• Minimum term of residency will be 7 days
• Residents will be required to execute a rental agreement outlining terms, conditions,
rules, and requirements of residency.
Proposed rules for residency will include:
• That the purpose of the rental is to provide only residential accommodations for the
tenants
• That the authority of the on -site manager includes enforcement of rules and
maintenance of the facility
• Tenants are limited to one vehicle parked on the site and no outside storage is allowed.
Currently, we are in the process of drafting a complete list of rules and standard
agreement forms. The above items will be included and we will provide complete copies
to you when they are available.
ncerely
ames H. Graham
jim.freed119.doc