2015-07-30 Special Meeting Kodiak Island Borough
Assembly Special Meeting Agenda
Thursday, July 30, 2015, 7:30 p.m. Borough Conference Room
The Meeting Was Called By the Assembly
Page
1, ROLL CALL
2.. CITIZENS COMMENTS (Limited to Three Minutes per Speaker)
3. CONSIDERATION OF MATTERS IN THE CALL FOR THE SPECIAL
MEETING
2 - 11 A. Interview of Assembly Applicants
s lic tion m u is
SteDhens ADDlication- Public coy f
t _ ens o f ss y t
7-28-15 to ayor ss
12- 14 B. Appointment to the Kodiak Island Borough Assembly.
oft try ss y- f
C. Newly Appointed Assembly Member's Oath of Office.
15-59 D. Ordinance No. FY2016-03 Amending Title 17 Zoning, Chapter 17.50 C-
Conservation District and Chapter 17.130 PL—Public Use Lands
District To Allow the Temporary Storage of Mobile Homes Displaced
Under AS 34.03.225 To Be Stored On Sites Zoned C-Conservation Or
PL-Public Use Lands.
Ordinance Y2 3 with Applicable P&Z Packets and Minutes f
60- 100 E. Ordinance No. FY2016-04 Amending Title 17 Zoning, Chapter 17.140
Existing Nonconforming Uses And Structures To Allow Mobile Homes
Displaced Under As 34.03.225 To Relocate Within Existing
Nonconforming Mobile Home Parks.
rinance FY 01 0 ith Aoplicale Z Pack is and Minutes f
101 - 107 F. Ordinance No. FY2016-05 Submitting to the Qualified Voters on the
October 6, 2015 Ballot in Each Area Affected by the Ordinance the
Question of Altering the Boundary of Road Service Area No. 1
Service e o. 1 Alteration
4. ADJOURNMENT
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AGENDA ITEM O.A.
GeNERAL INFORMATION f r{ t
1, am a quellred voter and declare myself to be a
resikkie-n-t of the Kodiak is ru at e year at the time I
My current residence address Is:
{have resident of the Kodiak Island
CERTIFICATION
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1, the undersigned, I h 1 I complete, at t the
specific residency r is office.
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Page 2 of 1
Interview I Applicants
AGENDA ITEM O.A.
ASSEMBLY I
This application II be made available public.Pleass make a notation right next to
the Information II It redact IL A letter
of Interest may be attached,but l .
Residence
Malling Address: lot
Homo Phone. — II
Kodiak?
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I i Applicants
AGENDA ITEM O.A.
GENERAL I (Please
!. Mel Stephens qualified voter and declare myself to be a
resTdont of the Kodiak Island h for at least one year at the time of II .
My current residence address is: 3460 Tona bane, Kodiak, AK
I have been a resident iak Island Borough since 3.900
My full mailing address is` 326 Center Avenue, Suite 90A, Kodiak, AX 995615
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CERTIFICATION
I, the undersigned, certify that the Information In this Is true and , and that I meet the
c residency and citizenship l ! .
Please provide one r all of the f
40-plicanft ! to (For office use only)
Home phone -0338 Voter
Workphone 486-3143 Year of Birth:mul
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Page 4 of 1
Interview I Applicants
AGENDA ITEM O.A.
ASSEMBLYAS"P11 ICATION
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Home Phone: 19 B6 03,38 W1VatkPhnnw '486'"I.I.C.1
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Page 4 a64 MY,06/2015
Page 5 of 107
Interview of Assembly Applicants
...............
AGENDA ITEM O.A.
MELVIN M. STEPHENS. II
A PROFESSIONAL CORPORATION
ATTORNEY AT LAW
328 CENTER AVENUE, SUITE 90A
P.O.BOX 1129
KODIAK,ALASKA MIS
TELEPHONE 1907)488.3143
MEMORANDUM
TO: Kodiak Island Borough Mayor, Assembly & Clerk
FROM: Melvin M. Stephens, I
mle
RE: Application for vacant assembly seat
DATE: July 21, 2015
I will be out of town from Thursday afternoon,July 30 through Saturday August 8 and thus
unable to attend the special meeting on the evening of the 30th at which you will be interviewing
applicants for the vacant assembly seat. When I submitted my application I was under the
impression that interviews would take place at a special meeting to be held on July 23 as that was
the only date mentioned on the application timeline.
While KIBC 2.25.060C treats applicant interviews as optional, it goes on to state that "[1110
later than 30 days after the seat is declared vacant, the assembly shall appoint from among the
applicants a qualified person to fill the vacant seat." I believe that the act of appointment requires
not only the assembly's selection of an appointee but also formal acceptance by the appointee, in the
form of taking the oath of office. The 30-day deadline for accomplishing this in the present instance
expires on August 1, the vacancy having been declared at the regular assembly meeting of July 2.
Because I will be out of town from July 30 through August 8, I could not be sworn in within
the deadline mandated by the Borough Code. Therefore I think it would be inappropriate for the
assembly to attempt to appoint me to the present vacancy. Fortunately, another qualified individual
has applied.
Page 6 of 107
Interview of Assembly Applicants
AGENDA ITEM O.A.
MELVIN M. STEPHENS. 11
A PA01169I0I4AL COBICBAIJON
ATTORNEY AT LAW
320 CENTER AVENUE.SUITE BOA
P.O, BOX 1128
KODIAK,ALASKA MIS
TELEPHONE 18071 480.3143
MEMORANDUM
TO: Kodiak Island Borough Mayor and Assembly
FROM: Melvin M. Stephens, If v
RE: KIB Approach to Litigation
DATE: July 28, 2015
1 applied for appointment to the currently vacant assembly seat in part because I felt I could
be of assistance in reducing or eliminating some of the counterproductive attitudes and practices
which have become associated with the Borough's approach to litigation and related legal issues.
Given my subsequent conclusion, conveyed in my memo of July 21, that I should not be appointed,
I would like to summarize my continuing concerns regarding Borough legal matters.'
Based upon my years of observation and experience, whether as a concerned citizen, a
member of the assembly, counsel for a party involved in litigation with the Borough, or an actual
party to such litigation, I have concluded that the assembly typically errs (a) in not playing a more
active, informed and questioning role in Borough legal matters generally, and (b) in adopting an
inflexible "circle the wagons"and/or"cost is no object" approach to defending or prosecuting claims
at all levels of the court system. I believe similar errors are being made in connection with the two
property exemption appeals currently being pursued by Jerry Markham.
Examples of past cases in which the assembly's unwise and unjustifiable failure to step in and
forthrightly evaluate and respond to litigation include the following:
• In late 2000 a jury returned a verdict for $1,350,000 against the Borough for
negligently failing to prevent two employees from sexually assaulting a
developmentally disabled woman who resided at a Borough facility. The plaintiff
then offered to settle the case, which was not covered by insurance, for that amount.
Rather titan accept that offer,cut the Borough's losses,and protect the Borough from
a judgment which was certain to include substantial interest and attorney's fees, the
assembly elected to pursue an appeal to the Alaska Supreme Court. Following the
rejection of that appeal, the Borough had to pay a judgment of approximately $2.4
1 For the record,and notwithstanding the recent headline in the Mirror, I did not "withdraw" my
application. I merely suggested that. due to the issues created by delaying interviews and the
appointment decision until July 30, it would be inappropriate to appoint me. I am still of flint view.
Page 7 of 107
Interview of Assembly Applicants
AGENDA ITEM O.A.
Mayor& Assembly -2- July 28, 2015
rejection of that appeal, the Borough had to pay a judgment of approximately $2.4
million dollars?
• In October of 2007 I brought suit for an injunction requiring the assembly to enforce
a code provision requiring it to vacate the seat of an assembly member who had
missed one-half of all the regular assembly meetings within a six-month period.
There was no dispute about the facts. An offer of settlement which would have
resolved the matter at minimal legal cost to the Borough was not even passed on to
the assembly, which was never asked how or if the matter should be defended. The
Borough ultimately incurred on the order of $50,000 of legal fees and costs in
pursuing an unsuccessful defense.
0 In November of 2010 the Borough seized slightly over $6,600 through execution
against the savings account of an 88-year-old woman whose son had failed to pay a
judgment in favor of the Borough. The woman asked the Borough to release the
funds in question on the grounds that, even though her son was listed on the account
for convenience, all of the funds in it were hers. The Borough refused that request
despite the fact that levies against other accounts fully covered the balance of the
judgment owed by the son. After securing a court order requiring the rerun of all
of her funds and awarding her$200 in attorney's fees, the woman offered to forego
her right to appeal the fee award if the Borough would pay $800 more in fees.
Without prior consultation with the assembly, that offer was refused. After
unsuccessfully contesting the woman's appeal, the Borough was required to pay
slightly over$4,000 in costs and fees.
• In May of 2011 Kodiak Support Services (KSS) filed an administrative appeal over
the valuation for tax purposes of certain personal property which is used at the
Kodiak Coast Guard Base. The dispute involved a difference of less than $15,000
in the tax KSS would have to pay(per year). The assembly appears not to have been
consulted as to how to respond to the appeal. Over the next 16 months the Borough
Attorney charged over $16,000 to oppose the appeal, which ended with a decision
generally favorable to KSS and an award by the court of fees and costs in its favor.
The assembly declined to authorize a further appeal to the Alaska Supreme Court.
Criticism of past actions is sometimes met with a plea that hindsight is 20:20. It is also said,
however, that those who do not learn from their past mistakes are bound to repeat them.
Unfortunately, the Borough's handling of its legal affairs appears to fall into this category.
Currently the Borough is involved In two separate appeals in which Jerry Markham is
contesting rulings by the Board of Equalization that he was not eligible for a senior citizen's property
tax exemption for either FY 7013 or FY 2014. In each case Mr. Markham initiated an
2 Kodiak Island Borough v. Roe, 63 P.3d 1009 (Alaska 2003). 1 personally spoke with the
plaintiffs counsel to confirm that such an offer of settlement had been made. Attorney's fees and
interest accounted for the difference.
Page 8 of 107
Interview of Assembly Applicants
AGENDA ITEM O.A.
Mayor&Assembly -3- July 28, 2015
administrative appeal to the Superior Court of the Board of Equalization decision. The former matter
is currently before the Alaska Supreme Court, Superior Court Judge Patricia Douglas having
dismissed Mr. Markham's appeal on the grounds that his opening brief was filed one day late. The
FY 2014 matter is before Superior Court Judge Steve Cole. In each instance the total tax at issue
amounts to $1,912.50, of which $1,612.50 is attributable to Borough property tax and $300.00 to
City property tax.
The Borough Attorney has filed a motion to dismiss Mr. Markham's appeal to the Supreme
Court on the grounds that it was filed late. I have obtained from that court both the motion to
dismiss and Mr. Markham's opposition to it. I have also reviewed on several different occasions
the appeal file presently before Judge Cole on the exemption for FY 2014.
The Borough's motion to dismiss Mr. Markham's Supreme Court appeal states that in the
superior court alone, the Borough incurred legal fees totalling $32,551.65.1 This reflects an
appalling mishandling of this matter by everyone concerned with it. One simply does not litigate a
case of insignificant precedential value by running up attorney's fees of 17 to 20 times the amount
at issue. How much more the Borough has paid to date in legal fees associated with Mr. Markham's
Supreme Court appeal and his FY 2014 appeal before Judge Cole I do not know. In any event, the
current situation cries out for immediate and forceful action at the assembly level.
Lest anyone attempt to suggest that the Borough's ill-considered indefensible expenditure of
public money in connection with these matters is merely the unfortunate but essentially uncontrollable
result of Mr. Markham's propensity to be litigious, let it be emphasized that neither common sense
nor the Rules of Appellate Procedure force the Borough to play the role of helpless captive destined
to be pauperized by an overly litigious adversary. Because the Borough is the appellee in both of
these cases—i.e., the party responding to an appeal filed by Mr. Markham, the appellant—it has
the option of simply declining to participate in the appellate process. Appellate Rules 204(g) and
602(h). which govern, respectively, appeals to the Supreme Court and the Superior Court, both
provide, in relevant part, that "[a]n appellee may elect at any time not to participate in the appeal
by filing and serving a notice of non-participation."
This is an option which the assembly should seriously consider adopting in both of the
appeals currently being pursued by Mr. Markham. The Borough would remain bound by whatever
decision the appellate court renders, but in both instances the court would decide the appeal on its
merits—i.e., it would not automatically grant the appeal simply because the Borough chose not to
participate — and, in any event, the cost to the Borough of losing the appeal would be modest at
best. If Judge Cole were to grant Mr. Markham's appeal. the Borough would lose$1.612.50 in
FY 2014 property taxes. If the Supreme Court were to grant Mr. Markham's appeal, which is
]The statement is found at page 10 of the Borough's Memorandum in Support of its Motion to
Dismiss.
Page 9 of 107
Interview of Assembly Applicants
AGENDA ITEM O.A.
Mayor&Assembly 4- July 29. 2015
likely,` the most probable result would be that it would order the case remanded to Judge Douglas
for a decision on the merits. The Borough would then have the option of filing a notice of non-
participation and, once again, it would stand to lose a mere $1,612.50 in FY 2013 property taxes
if Judge Douglas granted Mr. Markham`s appeal on the merits.
As the motion which the Borough Attorney has filed asking the Alaska Supreme Court to
dismiss Mr. Markham's appeal is now ripe for decision, no harm is likely to come from waiting for
a decision on that motion(so long as the Borough Attorney charges no further time to the Supreme
Court appeal in the interim). The motion to dismiss is weak on the merits and will most likely be
denied s When and if that happens, the assembly can and should avoid incurring further legal fees
by directing the attorney to file a notice of non-participation 6
Judge Douglas dismissed Mr. Markham's appeal because his brief was filed one day late. In
her February 3, 2015 order refusing to reconsider the order of dismissal she states that the brief was
due on December 6, 2014. December 6 was a Saturday, so a brief filed the following Monday,
December 8, as Mr. Markham's brief was, would be deemed to have met the filing deadline.
Judge Douglas's calculation of the filing deadline for Mr. Markham's brief, which deadline
she established in an order dated November 17, 2014, appears to have been incorrect, the true
deadline being Friday,December 5,2014. Even if that were the deadline,however,the fact remains
that Mr. Markham's brief was filed on the very next court day. Furthermore,as Mr. Markham was
out of state, he necessarily mailed his brief to the court (in Kodiak) from Friday Harbor,
Washington. He claims to have done so, by Priority Mail, on Monday, December 1. The chances
of the Alaska Supreme Court upholding Judge Douglas's dismissal of Mr. Markham's appeal under
these circumstances is exceedingly low.
S The motion is based upon the assertion that Mr. Markham filed his appeal 58 days late. This
in turn depends upon whether a motion which Mr. Markham filed in the Superior Court on
December 19, 2014 terminated the 30-day deadline for filing a notice a appeal with the Supreme
Court. Mr. Markham's motion explicitly cited Appellate Rule 506 In it's caption but did not discuss
that rule to any extent in the body. A motion filed under Appellate Rule 506 tolls the time for filing
an appeal. At page 6 of the Memorandum in Support of his Motion to Dismiss the Borough
Attorney states otherwise despite having actually quoted the controlling language(of Appellate Rule
204) on the previous page. He also argues that the court should simply disregard the reference to
Rule 506. Mr. Markham was sloppy in the paperwork which he filed with the Alaska Supreme
Court, so it is not unlikely that the Supreme Court may view his appeal as having been filed a few
days late. The court does not, however, treat the deadline for filing an appeal as jurisdictional —
i.e., as precluding it from relaxing the rules and accepting a late-filed appeal — and it would be
unusual for it to dismiss an appeal that was only a few days late.
6 It is relatively clear that Mr. Markham intends to argue certain constitutional issues to the
Alaska Supreme Court. Responding to these Issues in an appellee's brief will necessarily be time
consuming and expensive. Furthermore, it is unlikely that they will enter into the Supreme Court's
decision on appeal. The court tends to avoid addressing constitutional issues when it can decide a
case on non-constitutional grounds. Here,the most like ruling will be that Judge Douglas committed
an abuse of discretion when she dismissed Mr. Markham's appeal for being filed only one day late.
Page 10 of 107
Interview of Assembly Applicants
AGENDA ITEM O.A.
Mayor& Assembly -5- July 28, 2015
While this memo is longer than I had originally envisioned and may strike a non-lawyer as
somewhat tedious, I urge each assembly member to read it carefully. It is of the utmost importance
that the Kodiak Island Borough stop handling legal matters—especially those relating to litigation
— in a manner which tends to maximize costs and minimize the application of plain old common
sense. This goal will be achieved only if the assembly insists that it be better informed and takes
a more active role in dictating how litigation is to be handled.
Page 11 of 107
Interview of Assembly Applicants
AGENDA ITEM O.B.
KODIAK ISLAND BOROUGH
AGENDA STATEMENT
� JULY 30. 2015
�u ASSEMBLY SPECIAL MEETING
TITLE: Appointment to the Kodiak Island Borough Assembly.
ORIGINATOR: Nova Javier
FISCAL IMPACT: FUNDS AVAILABLE:
Account Number. Amount Budgeted:
SUMMARY STATEMENT:
The vacated seat was advertised and the Clerk's Office accepted applications from July 3 to
July 17.
The code dictates that in selecting a person from among the candidates,the Assembly shall
follow the process in KIBC 2.30.040 as follows.
1. Nominations may be made by any member of the assembly.
2. At the close of nominations, a ballot shall be taken.The clerk shall distribute,collect, and
with the assistance of one other person, tally the ballots.The cleric shall announce the
results.
3. A majority vote of the assembly shall be required for election.
4. If no majority is cast for any candidate,the candidate with the fewest ballots shall be
dropped from the list of candidates until there are two remaining and balloting shall
continue until one candidate is elected.
The appointed applicant will serve until Sunday after the certification date of the October 6
election.
RECOMMENDED MOTION:
Move to nominate applicant to the Kodiak Island Borough Assembly.
Kodiak Island Borough
Page 12 of 107
Appointment to the Kodiak Island Borough Assembly.
AGENDA ITEM O.B.
2.25.060 Declaring and filling vacancies.
A.The assembly shall declare an assembly member's seat vacant when the assembly member
1.Fails to qualify or take office within 30 days after election or appointment;
2.Is physically absent from the municipality for 90 consecutive days unless excused by the
governing body;
3.Resigns and the resignation is accepted;
4.Is physically or mentally unable to perform the duties of office as determined by a two-thirds
vote of the governing body;
5.Is convicted of a felony or of an offense involving a violation of the oath of office;
6.Is convicted of a felony or misdemeanor described in AS 15.56 and two-thirds of the
members of the governing body concur in expelling the person elected;
7.Is convicted of a violation of AS 15.13;
8.No longer physically resides in the municipality and the governing body by a two-thirds vote
declares the seal vacant;this subsection does not apply to a member of the governing body
who forfeits office under AS 29.20.140(a);or
....................
9,if a member of the governing body misses three consecutively held regular meetings and Is
not excused,.
B.If a member of the governing body misses one-half of the meetings held in any year of his or
her term of office,each year between November 1 st and October 31 st,the seat shall be
automatically vacated.
C.If less than 90 days remain in a term,the vacant seat shall not be filled.If a seat is declared
vacant and more than 90 days remain in the term,then the clerk shall publish reasonable public
notice of the vacancy and,for 14 days after the first publication thereof,receive applications
from persons Interested in being appointed to the vacant seat.The assembly shall review the
applications and may interview applicants.Not later than 30 days after the seat is declared
vacant,the assembly shall appoint from among the applicants a quallfied person to(ill the
vacant seat.
D.In appointing a person from among the applicants,the assembly shall utilize the voting
procedures specified in KiBC 2. 40(A)for the election of the deputy presiding officer.
E.Notwithstanding subsection C of this section,if the membership of the assembly is reduced
to fewer than four assembly members,then the remaining assembly members shall appoint as
many qualified persons to the assembly as is necessary to once again constitute a quorum.The
assembly shall utilize any procedure which Is reasonable under the circumstances in making the
appointments required by this subsection and shall make said appointments not later than
seven days after the quorum was reduced to less than four assembly members.
F.Persons appointed to fill a vacancy shall serve until the next regular election,at which time a
successor shall be elected to fulfill the remainder of the unexpired term of office.[Ord.FY2008-
12§2,2008;Ord.FY2005-07§4,2004;Ord.98-02§4,1998;Ord.90-11 8§2,1990;Ord.79-11-
0, 1979;Ord.74-6-0§5, 1974;prior code Ch.2 subeh.2§5.Formerly§2.118 060].
Page 13 of 107
Appointment to the Kodiak Island Borough Assembly.
AGENDA ITEM O.B.
2.30.040 Organization and deputy presiding officer.
A.Organization.The assembly shall annually,at the November meeting,elect from Its members
a deputy presiding officer to serve at the assembly's pleasure,
B.Election of the deputy presiding officer of the assembly shall be in the following manner,
1 w As the first order of new business„nominations for deputy presiding officer shall be opened.
2-Nominations may be made by any member of the assembly,.
3.At the close of nominations,a ballot shall be taken...The clerk shall distribute,collect,and with
the assistance of one other person„tally the ballots.The clerk shall announce the results,
4.A majority vote of the assembly shall be required for election.
5.If no majority is cast for any candidate,the candidate with the fewest ballots shall be dropped
from the list of candidates until there are two remaining and balloting shall continue until one
candidate is elected.
C.Deputy Presiding Officer..The deputy presiding officer shall preside as the chalr at assembly
meetings in the absence of the mayor.If at any meeting the deputy presiding officer Is not
present,or is unable to act,the senior assembly member present shall preside as the chair,
(Ord.FY2005-07§5,2004;Ord.98-02§4, 1998;Ord.86-13-0(A)§3, 1986.Formerly
§2.17.0401.
Page 14 of 107
Appointment to the Kodiak Island Borough Assembly.
AGENDA ITEM #3.D.
KODIAK ISLAND BOROUGH
AGENDA STATEMENT
JULY 30.2015
ASSEMBLY SPECIAL MEETING
TITLE: Ordinance No. FY2016-03 Amending Title 17 Zoning, Chapter 17.50 C-
Conservation District and Chapter 17.130 PL—Public Use Lands District To
Allow the Temporary Storage of Mobile Homes Displaced Under AS 34.03.225
To Be Stored On Sites Zoned C-Conservation Or PL-Public Use Lands.
ORIGINATOR: Jack Maker
FISCAL IMPACT: No FUNDS AVAILABLE:
Account Number. Amount Budgeted:
SUMMARY STATEMENT:
The announced closure of Jackson's Mobile Home Park would force mobile home owners in
the park to relocate their homes.Since there are limited permanent locations for displaced
mobile homes to relocate to,there may be a need for temporary storage of mobile homes
until the owners are able to secure a permanent location. Currently,outdoor storage is only
allowed in the business and industrial zoning districts.These zoning code amendments will
increase potential storage areas by allowing the temporary storage of displaced mobile
homes in the C-Conservation and PL-Public Use Lands zoning districts.
The Planning and Zoning Commission held a public hearing on these amendments at a
special meeting on July 8, 2015 and a second public hearing at a regular meeting on July 15,
2015. Following the July 15, 2015 public hearing,the Commission voted 6-1 to recommend
that the Assembly approve an ordinance amending KIBC Title 17 Zoning, Chapters 17.50 C-
Conservation District and 17.130 PL-Public Use Lands Dishict to allow mobile homes
displaced under AS 34.03.225 to be temporarily stored on sites zoned C-Conservation and
PL- Public Use Lands.
RECOMMENDED MOTION:
Move to adopt Ordinance No. FY2016-03 in first reading to advance to public hearing at the
next regular meeting of the Assembly,.
Kodiak Island Borough
Page 15 of 107
Ordinance No. FY2016-03 Amending Title 17 Zoning, Chapter 17...
AGENDA ITEM O.D.
Introduced by7 Borough Assembly
I Requested by7 Borough Assembly I
Planning and
2 Drafled by. communiity Development
3 Department
4 Introduced: 0713012015
Public Hearing:
5 Adopted:
6
7 KODIAK ISLAND BOROUGH
8 ORDINANCE NO. FY2016-03
9
10 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND
II BOROUGH AMENDING KODIAK ISLAND BOROUGH CODE OF
12 ORDINANCES TITLE 17 ZONING, CHAPTER 17.50 C-
13 CONSERVATION AND CHAPTER 17.130 PL- PUBLIC USE LANDS
14 DISTRICT TO ALLOW THE TEMPORARY STORAGE OF MOBILE
15 HOMES DISPLACED UNDER ALASKA STATUTES 34.03.225 TO BE
16 STORED ON SITES ZONED C-CONSERVATION OR PL-PUBLIC USE
17 LANDS
18
19 WHEREAS, as a second Gass Borough, the Kodiak Island Borough excercises
20 planning, platting, and land use regulations on an area wide basis pursuant to Alaska
21 Statutes(AS)Chapter 29.40; and
22
23 WHEREAS, in accordance with AS 29.40,the Borough adopted Ordinance No.FY2008-
24 10 Kodiak Island Borough 2008 Comprehensive Plan Update on December 6„ 2007
25 replacing the 1968 Comprehensive Plan;and
26
27 WHEREAS, the Borough has adopted KIBC Title 17 Zoning in accordance with AS
28 28.40 to Implement the Kodiak Island Borough Comprehensive Plan;and
29
30 WHEREAS, KIBC 17.205.010 provides that "Whenever the public necessity,
31 convenience, general welfare or good zoning practice requires, the assembly may, by
32 ordinance and after report thereon by the Commission and public hearing as required by
33 law, amend, supplement, modify, repeal or otherwise change these regulations and the
34 boundaries of the districts;"and
35
36 WHEREAS, the recent announced closure of Jackson's Mobile Home Park pursuant to
37 AS 34.03.225(a)(4)will result in nearly 100 families being forced to relocate;and
38
39 WHEREAS, many of the mobile homes in question may not be able to be moved due to
40 age,structural condition,or modifications over time;and
41
42 WHEREAS, recent public comments noted that some mobile home owners may need a
43 temporary location to store their mobile homes until a permanent location is found;and
44
45 WHEREAS, there may be space available on C-Conservation zoned land or publicly
46 owned land that is zoned PL-Public Use Lands to accommodate temporary storage of
47 mobile homes if the Conservation or Public Use Lands zoning regulations permitted such
48 storage;and
49
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50 WHEREAS, the Borough desires to relax the regulatory requirements to permit mobile
51 homes displaced pursuant to AS 34,03.225 to be temporarily stored in the Conservation
52 and Public Use Lands zoning districts;and
53
54 WHEREAS, the public necessity and general welfare of the community may be better
55 served by amending the code to allow temporary storage of mobile homes rather than
56 requiring strict adherence to existing zoning requirements for storage;and
57
58 WHEREAS, the amendments to Title 17 Zoning, Chapters 17.50 C-Conservation
59 District and 17.130 PL—Public Use Lands of will accomplish the stated public need;and
60
61 WHEREAS, the Planning and Zoning Commission held a special work session 10 review
62 the proposed changes to KIBC Chapters 17,50 and 17130 on July 1,2015;and
63
64 WHEREAS, the Commission set aside time for public input and discussion at the work
65 session,;and
66
67 WHEREAS, the Commission held a public hearing at a special meeting on July 8,2015
68 and a second public hearing at a regular meeting on July 15,,2015 and following the July
69 15, 2015 public hearing, voted to transmit its recommendations for revisions to KIBC
70 Chapters 17.50 and 17.130 to the Borough Assembly;and
71
72 WHEREAS, as part of Its recommendation to adopt the revisions to KIBC Chapters
13 17.50 and 17.130, the Commission adopted Findings of Fact,which are attached hereto
74 as Exhibit A;and
75
76 NOW,THEREFORE,BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND
77 BOROUGH that:
78
79 Section 1: This ordinance is of a general and permanent nature and shall become a
80 part of the Kodiak Island Borough Code of Ordinances.
81
82 Section 2: The Title 17 Zoning Chapters 17.50 C—Conservation District and 17.130
83 PL—Public Use Lands,are hereby amended as follows:
84
85 Chapter 17.50
86 C—CONSERVATION DISTRICT
87 Sections:
88 17,50,010 Description and intent,
89 17,50.020 Permitted principal uses and structures.
90 17.50.030 Permitted accessory uses and structures.
91 17.50.040 Conditional uses.
92 17.50.045 Temporary Uses.
93 17.50.050 Area requirements.
94 17,50,060 Maximum lot coverage for structures.
95 17.50.070 Building height limit.
96 17.50.080 Setbacks from property lines.
97 17.50.090 Special district regulations.
98 17,50.100 Fences,parking,and signs.
99 17,50,110 Nonconformilies.
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100
101 17.50.010 Description and Intent.
102 The C. conservation zoning district is established for the purpose of maintaining open
103 space areas while providing for single-family residential,and limited commercial land uses.
104 For the conservation district. In promoting the general purposes of this title, the specific
105 Intentions of this chapter are:
106 A.To encourage the use of land for single-family residential and limited commercial
107 purposes;
108 B.To encourage the continued use of land for open space areas,and
109 C.To encourage the discontinuance of existing uses that are not permitted under the
110 provisions of this chapter.
III
112 17.50.020 Permitted principal uses and structures.
113 The following land uses and activities are permitted in the conservation district:
114 A.All of the permitted principal uses and structures In the NU natural use zoning district-,
115 B.Agricultural activities and related structures, Including commercial livestock grazing;
116 with a written conservation plan between the land owner or lease holder and the Kodiak
117 soil and water conservation district, in those areas historically established for livestock
118 grazing consisting of the northeast portion of Kodiak Island east of a line drawn from Crag
119 Point on Sharalin Bay to the mouth of Wild Creek in Ugak Bay, and Including Chirikof
120 Island and S6tkinak Island;
121 C.Commercial fishing activities and related structures, including madculture activities and
122 related structures;
123 D.Commercial guiding and/or outfitting activities(e g.,hunting, fishing, photography,etc.)
124 and related structures(e.g.,lodges)containing provisions for no more than six clients;
125 E.Parks;
126 F.Recreational activities(including recreational mining activities):
127 G.Single-family dwellingsirecreational cabins and associated home occupations:
128 H.Timber harvesting activities and transportation and utility facilities constructed In
129 support of permitted timber harvesting activities;
130 1.Churches;
131 J.Bed and breakfasts;
132 K.Vacation homes;and
133 L.Hoop houses.
134
135 17.60.030 Permitted accessory uses and structures.
136 In addition to those uses and structures specifically identified in KIBC 17.50.020, the
137 following accessory uses and structures are permitted when developed In support of
139 permitted principal uses:
139 A.Docks,piers,water intake facilities,power structures,etc.;
140 B.Accessory residential buildings (e.g., crew quarters in support of commercial set-net
141 fishing and lodge operations,banyas,outhouses,etc.);
142 C.Storage and warehouse structures(e.g.,gear buildings,generator sheds,etc.);and
143 D.Transportation and utility facilities(e.g., roads, pipelines, communication facilities, etc.)
144 but not airstrips.
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145
146 17.50.040 Conditional uses.
147 The following land uses and activities may be allowed by obtaining a conditional use
148 permit in accordance with the provisions of Chapter 17.200 KIBC.:
149 A.All of the conditional uses in the NU natural use zoning district;
150 B.Airstrips;
I51 C.Commercial livestock grazing, excluding those areas historically established for
152 livestock grazing as described in KIBC 17.50.020(B),where it is a permitted use;:
153 D.Lodges that have provisions for more than six clients;
154 E.Logging camps and timber harvesting support facilities (e,g,, log transfer facilities)„
155 Including limber products processing facilities;
156 F.Nonrecreational mineral extraction activities and related structures;
157 G.Seafood processing facilities and related structures;and
158 H.Transportation and utility facilities not otherwise permitted and not otherwise used in
159 conjunction with permitted uses(e.g.,roads,pipelines,communications facilities,etc.),
160
161 17.50.045 Temporary Uses,
162 The following land uses may be allowed On the public (lands district subject to
I63 approval of the 1property owner and any condItlons related to such storage
164 established by the owner.,
165 A.Storage of mobile homes displaced by closure of a mobile home park pursuant to
166 AS.34,03.225.
167 B.This provision shall sunset on December 31,2018.
168
169 17.50.050 Area requirements.
170 A.Lot Area.The minimum lot area required is five acres.
171 B.Lot Width.The minimum lot width required Is 250 feet.
172
173 17.50.060 Maximum lot coverage for structures.
174 The maximum lot coverage allowed by the total of all structures is five percent of the lot
175 area,except that on any lot of record,structures may cover 2,000 square feet of the lot or
l76 rive percent of the lot area,whichever is greater.
177
178 17.50.070 Building height limit.
179 The maximum building height allowed is 35 feet for residential buildings and 50 feet for
180 accessory buildings.
181
182 17.50.080 Setbacks from property lines.
183 A.Setbacks from Property Lines.
184 1.There is a required front yard setback of 25 feet except lots fronting on marine waters
185 are exempt from any front yard setback.
186 2.There is a required side yard setback of 25 feet.
187 3.There is a required rear yard setback of 25 feet.
188 B.Setbacks from Anadromous Fish Water Bodies.
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189 1.There is a required setback (preventing Gearing, filling, excavation, or structural
190 development) of 50 feet from the bank vegetation of anadromous fish water bodies that
191 are specified pursuant to AS 16.05.870(a)and 5 AAC 95.010,except in the case of limber
192 harvesting activities, whose required setback will be regulated by AS 41.17.010 through
193 41.17.950,as amended, and the regulations enacted thereunder.This provision shall not
194 prevent removal in the setback area associated with a habitable residential or recreational
195 structure of:
196 a.Up to 50 percent of the trees;and
197 b.Other vegetation if a suitable ground cover(such as grass)is planted.
198 2.Water-dependent facilities,in stream development activities,and fording may be located
199 closer than 50 feet,and in the water when permitted by the Alaska Department of Fish and
200 Game under AS 16.05.870(b)and(d)and 5 AAC 95.700."Water-dependent facilities"are
201 defined as uses,activities or structures which can be carried out only on,in or adjacent to
202 water areas because the use,activity.or structure requires access to the water body(e.g.,
203 water Intake facilities,micro hydro projects,docks,piers,and boat watching facilities,etc.).
204
205 17.50.090 Special district regulations.
206 A.Conditional uses in this zoning district are required to conform to the general district
207 regulations unless the terms of the conditional use permit specify otherwise.
208 B.Approved conditional uses in this district shall conform to the following specific
209 performance standards:
210 1.Conditional uses must minimize the impact on the natural environment and preserve,to
211 the extent feasible and prudent, natural features. Specifically, to the extent feasible and
212 prudent:
213 a.Conditional uses In upland habitats must retain natural vegetation coverage, natural
214 drainage patterns, prevent excessive runoff and erosion, and maintain surface water
215 quality and natural groundwater recharge areas,and
216 b.Conditional uses in estuaries, tideflats, and wetlands must maintain or assure water
217 flow,natural circulation patterns,and adequate nutrient and oxygen levels.
218 Nothing in this provision shall require improvement to the natural condition existing prior to
219 development.
220 2.Although a particular conditional use may constitute a minor change, the cumulative
221 effect of numerous piecemeal changes can result in a major impairment of the
222 environment. The particular site for which a conditional use application is made will be
223 evaluated with the recognition that it may be part of a complete and interrelated
224 environmental area. A conditional use shall be denied under this provision only if the
225 weight of credible scientific evidence shows that the proposed conditional use, together
226 with all other then-existing conditional uses in the area, will have a substantial adverse
227 impact on the interrelated environmental area if such conditional uses are operating in
228 accordance with all required stale and federal rules and regulations. Consideration shall
229 be given to the mitigating effect of not locating the conditional use in any other area and
230 mitigation efforts, if any, which the proposed conditional user may offer for this or any
231 other environmental areas.
232
233
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234 17.50.100 Fences,parking,and signs.
235 Fences, parking areas, and signs are permitted and unregulated when they are related to
236 the use of the property for a permitted and/or approved conditional use.
237
238 17.50.110 Nonconformitles.
234 A.On nonconforming lots of record any permitted principal uses and structures and any
240 permitted accessory uses and structures are allowed„
241 B.On nonconforming lots of record the commission may grant a conditional use permit for
242 any use listed in KIBC 17„50.040.
243 C,Setbacks from properly lines for nonconforming lots of one-half acre or less:
244 1.There is a required side yard and rear yard setback of 10 feet;and
245 2.There is a required front yard setback of 15 feel,except lots fronting on marine waters
246 are exempt from any front yard setback.
247 D. Nonconforming uses will be regulated by the general nonconforming use provisions of
248 this title.
249 E.Nonconforming structures will be regulated by the general nonconforming structures
250 provisions of this title,
251
252 Chapter 17.130
253 PL—PUBLIC USE LANDS DISTRICT
254 Sections:
255 17.130.010 Description and Intent.
256 17.130.020 Permitted uses.
257 17.130,030 Conditional uses.
258 17.130.035 Temporary Uses.
259 17.130.040 Area requirements.
260 17.130,050 Yards.
261 17.130,060 Building height limit.
262
263 17.130.010 Description and Intent.
264 The PL public use lands zoning district is established as a land use district for publicly
265 owned land containing recreational,educational and institutions]uses.For the public lands
266 district,in promoting the general purposes of this title,the specific intentions of this chapter
267 are:
268 A.To identify lands owned by governments that are used for public purposes;
269 B.To prohibit residential, commercial and industrial land uses and any other use of the
270 land which would interfere with the development or continuation of public services in the
271 district;and
272 C.To encourage the discontinuance of existing uses that are not permitted under this
273 chapter,
274
275
276
277
278
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AGENDA ITEM .
279 17.130.020 Permitted uses.
280 The following land uses are permitted in the public lands district subject to the approval of
281 a detailed site plan by the commission:
282 A.Cemeteries;
283 B.Community buildings and halls;
284 C.Fire stations;
285 D.Gymnasiums;
286 E.Hospitals;
287 F.Libraries;
288 G.Museums;
289 H.Nursing homes;
290 I.Offices for local,state and federal governments;
291 J.Open air theaters;
292 K.Parks,playgrounds,playfields,and open space;
293 L.Recreation centers;
294 M.Sanitariums;
295 N.Schools,public and private;
296 O.Swimming pools;and
297 P.Utility installations.
298
299 17.130.030 Conditional uses.
300 The following land uses may be allowed by obtaining a conditional use permit in
301 accordance with the provisions of Chapter 17.200 KIBC:
302 A.Airports:
303 B,Correctional facilities;
304 C,Dormitories;
305 D.Governmental maintenance and service facilities and storage yards;
306 E.Natural resource extraction;
307 F.Solid waste disposal sites;and
308 G.Radio and television transmitters.
309
310 17.130.035 Temporary Uses.
311 The following land uses may The allowed In the public lands district subject to
312 approval of the property owner and any condithopns related to such storage
313 established by the owner:
314 A.Storage of mobile homes displaced by closure of a mobile home park puuirsuairnt to
315 AS.34.03.226.
316 B.This provision shall sunset on December 31,2010,
317
318 17.130.040 Area requirements.
319 A.Lot Area.The minimum lot area required is 7,200 square feel.
320 B.Lot Width The minimum lot width required is 60 feet.
321
322
323
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324 17.130.050 Yards.
325 A.Front Yard.The minimum front yard required is 25 feet.
326 B.Side Yard.The minimum yard required on each side of a principal building is 10 percent
327 of the lot's width but need not exceed 25 feet. The minimum required side yard on the
328 street side of a comer lot is 25 feet.
329 C.Rear Yard.The minimum rear yard required is 25 percent of the lot's depth but need
330 not exceed 25 feet.
331
332 17.130.060 Building height limit
333 The maximum building height is 50 feet.
334
335 Section 3:This ordinance will take effect upon adoption.
336
337 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
338 THIS DAY OF 2015
339
340
341 KODIAK ISLAND BOROUGH
342
343
344
345 Jerrol Friend,Borough Mayor
346
347 ATTEST:
348
349
350
35I Nova M.Javier,MMC,Borough Clerk
Kodiak Island Borough,Alaska Ordinance No FY2016-03
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353
354 EXHIBIT A
355 Planning and Zoning Commission adopted Findings of Fact for Kodiak Island Borough
356 Ordinance No.FY2016-03.
357 FINDINGS OF FACT(KIBC17.205.020)
358 1 The announced closure of Jackson's Mobile Home Park will force mobile home
359 owners in the park to relocate their homes.Since there are limited locations for
360 displaced mobile homes to relocate to, there may be a need for temporary
361 storage of mobile homes until the owners are able to secure a permanent
362 location.
363 2. There is a lack of readily available land that is designated for any new mobile
364 home park.
365 3. Currently,outdoor storage is only allowed in the business and industrial zoning
366 districts.The zoning code amendments will now allow the temporary storage of
367 displaced mobile homes in the C-Conservation and PL-Public Use Lands
368 zoning districts.
369 4. The proposed amendments to KIBC Title 17 Zoning, Chapters 17.50 C-
370 Conservation and 17.130 PL-Public Use Lands are consistent with
371 Comprehensive Plan Goals and Polices related to affordable housing.
372 5. The Planning and Zoning Commission recommends approval of the code
373 amendments.
374
Kodiak Island Borough,Alaska Ordinance No.FY2016-03
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AGENDA ITEM O.D.
PUBLIC HEARING ITEM 7-F AND 7-G
P&2 REGULAR MEETING,JULY 15,2015
Kodiak Island Borough
A Community Development Department
710 Mill Bay Road
Kodiak,Alaska 99615
,. Phone(907)486-9363 Fax(907)486-9396
www.kodiakak.us
Date: July 9,2015
To: Planning and Zoning Commission
From: Robert H.Pederson,A1CP-Director
RE: Updated Staff Report and Recommendations-July 8,2015 Special Public Hearing&
July 15,2015 Public Hearing-Code Changes Addressing Mobile Home Issues
At the July 8'"special public hearing, the Commission held a public hearing on the first
three changes to Borough Code related to mobile home issues resulting from the
announced closure of Jacksons Mobile Home Park.Those code chapters are.`
Chapter 17.140 KIBC—Nonconforming Uses and Structures;
Chapter 17.130 KIBC—Public Use Lands District;and
Chapter 17.50 K113C—Conservation District.
Following the public hearing, the Commission postponed the public hearing to July 15
2015.There has been one change to the findings of fact for each ordinance;addressing
the public comment about the lack of land designated for mobile home parks.
Chapter 17.140-Nonconforming Land Uses and Structures
As discussed in the June 4t'staff memo,one impediment to relocating mobile homes
from Jacksons to other existing mobile home parks is the status of those parks(except
Rasmussen's)as"grandfathered'(i.e., legal nonconforming)land uses.
Attached is a proposed amendment to the nonconforming requirements of the zoning
code that addresses this issue.The proposed code changes include the clarifying
language discussed at the July 1°'special work session. If adopted,mobile homes
displaced from mobile home parks as a result of a change of land use could be
relocated to other existing mobile home parks under certain conditions regarding
permits,taxes,and meeting minimum life safety requirements(i.e.,, separation of
structures)in case of fire.
Chapter 17.130-Temporary storage of mobile homes in the PL zoning district
The June 4'"staff memo to P&Z noted that outdoor storage is currently allowed in four
zoning districts(B-Business, RB-Retail Business, I-Industrial,and LI-Light Industrial)
and that there has been discussion about permitting temporary storage on publicly
owned land. Most Borough owned land around town is zoned PL-Public Lands. Other
Borough parcels are zoned Natural Use,Watershed, Conservation, Industrial,or R-2,
Amendments to KIBC Chapters 17 140.17 50,and 17 130
Page 25 of 107
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PUBLIC HEARING ITEM 7-F AND 7-G
P 8 Z REGULAR MEETING:JULY 15,2015
During the July 1",special work session,there was discussion regarding temporary
storage of mobile homes in the C-Conservation zoning district, in addition to the PL
zoning district, This provision has been added to the ordinance for your public hearing
on July B'fi. If adopted, mobile homes could be stored in the C and PL zoning districts
subject to any conditions imposed by the underlying property owner, such as length of
time,insurance„security, screening,etc.The code changes also include a sunset
provision that allows temporary storage until December 31, 2018.
Applicable Regulations
KIBC 17.205.010 Authority.
Whenever the public necessity,convenience,general welfare or good zoning practice
requires„the assembly may,by ordinance and after report thereon by the commission
and public hearing as required by law,amend,supplement,modify, repeal or otherwise
change these regulations and the boundaries of the districts.
KIBC 17.205.020 Report from planning and zoning commission.
The commission shall report in writing to the assembly on any proposed change or
amendment regardless of the manner in which such change is initiated and such report
shall find.,
A. Findings as to need and justification for a change or amendments;
B. Findings as to the effect a change or amendment would have on the objectives of the
comprehensive plan and
C, Recommendations as to the approval or disapproval of the change or amendment.
KIBC 17.205.060 Hearing determination.
The assembly shall consider an application or commission recommendation for change
in the boundary of a district or any other commission recommendation proposing a
change in this title, and the report of the commission at its next regular meeting after
receipt of such report. If, from the facts presented and by the findings of the report of the
commission, it is determined that the pubiic necessity,convenience,general welfare
and good zoning practice requires the change or amendment of any portion thereof„the
assembly by ordinance shall effect such amendment, supplement,change or
reclassification.
Staff Recommendation
Staff recommends that the Commission forward the proposed code amendments to the
Borough Assembly with a recommendation for approval,
Recommended Motions&Findings of Fact
1)Chapter 17.140 KIBC
Move to recommend the Assembly of the Kodiak Island Borough approve the ordinance
amending Chapter 17,140 KIBC (Existing Nonconforming Uses and Structures)to allow
mobile homes displaced under AS 34,03.225 to relocate within existing nonconforming
Amendments to YJBC Chapters 17 140.17 50,and 17 130
Page 26 of 107
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AGENDA ITEM D.
PUBLIC HEARING ITEM 7-F AND 7-G
P&2 REGULAR MEETING:JULY 15,2015
Mobile Home Parks, and to adopt the finding of fact in the July 3, 2015 staff report as
findings of fact for this code amendment.
Findings of Fact
1. The amendments to Chapter 17.140 KIBC will eliminate a regulatory hurdle that
currently prevents mobile homes displaced from Jackson's Mobile Home Park to
relocate to other existing mobile home parks.
2. All but one of other mobile home parks in Kodiak are nonconforming land uses
and several have existing spaces that could be occupied if the nonconforming
standards of the code did not prohibit expanding nonconforming land uses.
3. There is a lack of readily available land that is designated for any new mobile
home park.
4. The amendments to Chapter 17.140 are Consistent with the Comprehensive Plan
Goals and Polices related to housing and specifically,affordable housing.
5. The Planning and Zoning Commission recommends approval of the amendments
to Chapter 17.140 KIBC.
2)Chapters 17.50 and 17.130 KIBC
Move to recommend the Assembly of the Kodiak Island Borough approve the ordinance
amending Chapters 17.50 KIBC (C-Conservation District) and 17.130 KIBC (PL-Public
Use Lands) to allow the temporary storage of mobile homes displaced under AS
34.03.225 to be stored on sites zoned C-Conservation and PL-Public Use Lands, and
to adopt the finding of fact in the July 3,2015 staff report as findings of fact for this code
amendment.
Findings of Fact
1. The announced closure of Jackson's Mobile Home Park will force mobile home
owners in the park to relocate their homes. Since there are limited locations for
displaced mobile homes to relocate to,there may be a need for temporary storage of
mobile homes until the owners are able to secure a permanent location.
2. There is a lack of readily available land that is designated for any new mobile
home park.
3. Currently, outdoor storage is only allowed in the business and industrial zoning
districts. The zoning code amendments will now allow the temporary storage of
displaced mobile homes in the C- Conservation and PL-Public Use Lands zoning
districts.
Amerwrrents to KIBC Chapters 17 140.17 50,,and 17 130
Page 27 of 107
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PUBLIC HEARING ITEM 7•F AND 7-G
P&Z REGULAR MEETING:JULY 15.2015
4. The proposed amendments to Chapters 17.50 and 17.130 KIBC are consistent
with Comprehensive Plan Goals and Polices related to affordable housing.
5. The Planning and Zoning Commission recommends approval of the code
amendments.
Amendments to MBC Chapters 17 140.17 50,and 17 170
Page 28 of 107
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AGENDA ITEM #3.D.
PUBLIC HEARING 9BA 7-F AND 7-G
P&Z REGULAR MI JULY 15,2015
introduced
Reg by: Bwmh
I a
2 0rlssed by: coo
3 test 15
Pu le Ffeadng
4
5 KODIAK ISLAND BOROUGH
ORDINANCE NO. F'Y1 ®
7
8 AN ORDINANCE OF THE ASSEMBLY OF THE I ISLAND BOROUGH
AMENDING CHAPTERS 17.50( ERV 17.13 t C(PL®PUBLIC
to USE LANDS DISTRICT)TO ALLOW THE TEMPORARY STORAGE OF MOBILE
I I HOMES DISPLACED AS 34, 3,225 TO BE ST SITES
12 TIC PL° 11 LIC {{Ik ik
14 WHEREA% As a second class Borough, the��,KodlakjiIsland Borough excerdtses
15 planning, platting, and land use regulations o an' roe tnrl`6Ii basis pursuant to Chapter
16 29.40 Alaska Statutes;and i
18 WHEREAS, In accordance wkh PAS 29.46,��11hp Kodiak Island Eor g�,adopted the 2008
19 Comprehensive Plan update on December 5,;2007(Ordi r{r ce INa,FY2005-10)to replace
20 the 19M Comprehensive Plan;and
21
h
22 WHEREAS. The Kodiak Isla�����1 qugh has �a�t opted KISC fide 17 (Zoning) In
24 and
accordance with�S 25140 t�irrtpl�rtti nt tfi Kodiak Isii#Borough Comprehensive Plan,
Bpi ���I I
25 io�k� ����'! � lip
26 a, KI �i{ �f 72 10 pro " s tgiiI �� enevz3r� t public ne ssity,
27 convenience, lgan l welfare 6r good z� gJ cticc it ulres, the assembly may, by
,Its
23 ordinance and aft�r;`t it them by the" mission and`public hearing as required by
24 law, amend supplerr I m 11 repeal or e�th®rvrIse change these regulations and the
30 boundaries the,districti,,a� '�
31f�1�IYo, tJl��J il�� �ilr
32 WIiE EAS, Th&runt a noun d cloy re of ackson°s mobile Marne Park pursuant to
33 AS 03 225(a)(4) ��reault in early 100 families being forced to relocate,and
35 WHERE i S 'J� any of tha fa `le'�hl�hurl,
to quests may not a to moved due to
36 age,strucl I itlon,or ifs lio'n$over time;and
37 f
38 S, ��,�c6pt put meats note that some m i home owners may need a
40 temporary location io�slars t r rrmobile homes unfit a permanent location is found;and
41 WHEREAS, There m be spare available an C-Conservation zoned land or publicly
42 owned land that Is zoned PL s Public Use Lands to accommodate temporary storage of
43 mobile homes if the C or PL zoning regulations permitted such storage;all
4
45 WHEREAS, The Borough desires to relax the regulatory requirements to permit mobile
46 homes displaced pursuant to AS 34,03.225 to be temporarily stored in the C and PL
7 zoning districts;an
4
49 WHEREAS, The public necessity and errs I welfare of the community may be better
50 served by amending the cede to allow temporary storage of mobile homes rather than
51 requiring strict adherence to existing zoning ulrements for storage;and
52
Kodiak Island BaroughAfjrjWwft to ai®c ChaiAm 17 140 17.so,and 17130 Ordinance No,FY2016-XX
Page i of 2
Ordinance No. FY2016-03 2 of 1 7
i Ft 17 Zoning, r 7— Page
AGENDA ITEM M.D.
PUBUC HEARING ITEM 7-F AND 7-G
P a Z REGULAR MEETING JULY 15.2015
53 WHEREAS, The amendments to Chapters 17,50(C—Conservation f3istricl)and 17.1
54 KI C(PL Public Use Lands)of Title 17 will accomplish the stated public needa and
55
56 WHEREAS,The Planning and Zoning Commission hold a special work session to review
57 the proposed changes to Chapters 17.50 and 17®130 KI C on July 1,20150 and
58
59 WHEREAS, The Planning and Zoning Commission set aside time for public input and
60 discussion at the work session;and
1
62 WHEREAS, The Planning and Zoning Commission hold a special public hearing on July
3 8, 2015 and a public hearing on July 15, 2015 and following the July 15, 2015 public
hearing, voted to transmit their recommendations for revisions to Chapters 17.50 and
65 17.130 KI C to the Borough Assembly',and
66
67 WHEREAS, As part of their recommendation to adopt the revisions to Chapters 17,50
611 and 17.130 KI C,the Planning and onl Commission adopted Findings of Fact,whit
69 are attached hereto as Exhibit B.and
7
71 NOW,THEREFORE,BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND
72 BOROUGH that:
7
74 Section 1: This ordinance is of a general and permanent nature and shall become a
75 part of the Kodiak Island Borough Code at Ordinances;
76
77 Section 2e The amendments to Chapters 17.50 and 17.130 KIBC are attached as
78 Exhibit X
79
80 ADOPTED BY THE ASSEMBLY OF THE I ISLAND BOROUGH
81 THIS 1°OF 2
2
3
84 KC IAK ISLAND BOROUGH
5
86
87
Jerrol Friend,Borough Mayor
9
ATTEST:
1
92
9
94 Nova M.Javier,MMC,Borough Clerk
5
96
Kodiak Wand BoroughAwJfta to KIDC Chapters 17 140.17 50.ard 17 130 Ordinance No FY2016-XX
Page 2 of 2
Page 30 of 7
Ordinance Y 1 6 03 Amending Title i 17...
AGENDA ITEM O.D.
PUBUC HEARING IT 7•F AND 7-0
P&2 REGULAR MEETiNG:JULY 15,2015
Chapter 17.50
C—CONSERVATION DISTRICT
Sections:
17.50.010 Description and Intent.
17.50.020 Permitted principal uses and structures.
17.50.030 Permitted accessary uses and structures,
170 .040 Conditional uses.
17,50.045 Teffi2E@ry_ljses.
17.50.OSD Area requirements,
17.50.00 Maximum lot coverage for structures.
17.50.070 building height limit.
17.50,080 Setbacks from prop"lines.
17.50,090 Special district regulations.
17.50.100 Fences,parking,and signs,
17.50.110 Noncionformities.
17-50.010 Description and Intent.
The C conservation zoning district is established for the purpose of maintaining open space areas while
providing for single-family residential,and limited commercial land uses.For the conservation district,in
promoting the general purposes of this title,the specific Intentions of this chapter a re.
A.To encourage the use of land for single-family residential and limited commercial purposes;
B.To encourage the continued use at land for open space areas;and
C.To encourage the discontinuance of existing uses that are not permitted under the provisions of this
chapter.[Repealed and reenacted by Ord.93-65§2,1993;Ord.84.57-0§1,19 ;Ord;82-46-0 12,
1982.Formerly 917.13,0101,
17.50.420 Permitted principal uses and 5Uuctures.
The following land Uses and activities are permitted in the conservation district:
A.All of the permitted principal uses and structures in the INU natural use zoning district,
8,Agricultural activities and related structures,Including commercial livestock grazing-,with a written
conservation plan between the land owner or lease holder and the Kodiak it and water conservation
district,In those areas historically established for livestock grazing consisting of the northeast portion at
Kodiak island east of a line drawn from Crag Point on Sharatin Bay to the mouth of Wild Creek In Usak
Day,and Including ChIrIkof Island and Sitkinak Island;
C Commercial fishing activities and related structures,Including mariculture activities and related
structures;
D.Commercial guiding and/or outfitting activities(e.g.,hunting,fishing,photography,etc,)and related
structures(e.g.,lodges)containing provisions for no more than six clients,
E.Parks;
F.Recreational activities(including recreational mining activities),
G.Single-family dwellings/recreational cabins and associated home occupations;
H.Timber harvesting activities and transportation and utility facilities constructed In support of
permitted timber harvesting activities,
AmaxIments to MBC Chapters 17 140,17 50,and 17 130
Page 1 of 107
Ordinance No. FY2016-03 Amending Title 17 Zoning, Chapter 17... 3
AGENDA ITEM O.D.
PUBLIC HEARING IT I-F AND 7Z
P&Z REGULAR MEETING JULY 15,2015
L Churches;
J,Red and breakfasts;
1(VocaWlion Ihomr es,and
L Hoop 1-muses.lard.FY2012-10§4,2012,Ord.PrNW-108-0 J5,2006,Dt 2001-05 W,2f)01;repeaIled
and ireenacked by lOwd.93-56§2,1993;Ord�,0 ••27-0§3,1986,,�W.R4-57 0§2,1984,Ord.8246-0§2,
1982.Formerly§17.13.0200.
27MLEV30 Permlazd accessory uvi,.rs and Ftrlixtures.
In addItion Ito ftse uv.,,s and structures spedrocafly Identliffied h1 KKK 17.50.020,the follovidng alxessaq
uses and TAlructures are permitted Wren deseloped Iln support of perrnkited prtnclpIal uses.
A.It ocks,plevswater hAake%dfiftles,150Iver Wuiftuml,ellq
3,Aixce sisary resIdenklal buRiAngs je.g,,,creme quarters In suppon of comunercIa$set-rIet fishins and Wee
opInaifions,barIyas,oudwusvt,elIc.);
C Storage and warehouse 5trucitunas(e,&,Seat builldlings,genteraltor sheds,etc.),ar'Id
111'ransportatious and utffiltq facilitles leg,roads,1p1pseiiawes,connmunicaUon iat;ififie5,ebt4)but Inot
airstrIps,[Repealed and reeinacWd by Ord.,93--fifi 12,1993;Ord.,84..r2.0§j,!j984;Ord.8246-0§2,
2982.Faivnerly§17.13,0301.
17.50 MO Canditkmal uses.
11he to llIowing Wd uses and acHvities rnay be allowed by obtainkilil,to cundWonM use permIt in
accordancevefth the 1@rovrres ons of Chapter 17.200 K115111t
XAN al the conditforiM uses in,the NU natural u!em joning distdirt;
8,,AkstrIps,
C.CuunrnercW Illive,stock graiing,excluffing fll-rosie areas WSIONI:Ay eskabkhed fair Rvestock graiinIg as,
desrcdbW$n IaBC 17.q1020�B),where K is a perWfted iasp.�
D Lodges that have pro,Oslans for more tharii sh(ckrvits,
E'.,Laggh-Ig carrIps and Umber hainresWng supporl.fildlIffies(e.S,,pog transfer facflifleQ,Incluffiq timber
profluncN, processfirilp
.,facillifles;
IF.Nonmxvatlonal mineral enmivi:Von aciflAtIes a nd rOated structures,
G.Seafood proceWng facifides a rId Mated structuoes;and
H.Transportation avId ritiIII0V facififies not othervoise permitted and not wherwise used in covijuncflon
with pervnItted uses(e,g.,wads,pipefines,j,.,cImrrIIPIkaVarIs fadllkies,etc.�.10rd.2001.05§4o 2001,
repealed andl reenai::ted by Ord.,93--66§2,11993,Ord.194-57-0§1,:11,984;110rd.92.46-0 92,1482.Frannelly
17,1510,1045 Tempgra r.,,
n UseL-
:Lh 0
,ad Lg! rnwrbeWh-)vvedInth I&LcIkIndsdistr
M............................UKAEMMAA
2AMUffil—a—I'V-5 041610ns 1`0!il d!9Lsw.aa Ga staai lc'#e r.staluppT„Ia ,d 112.y..tE.-M
L. Stora oV rnobfle hnInes 05gollaced bySl—asureor a 1.31
Ae............_
!L21i%Aq)—ViAG—r1 21163—fi sunset on December 31 2018,
ftw IKOBC Owpimrs 17 1-40,17.50,BUTJ 17 130
Page 32 of 107
Ordinance No. FY2016-03 Amending Title 17 Zoning, Chapter 17...
AGENDA ITEM O.D.
PUBLIC HEARING 17 7-F AND 7
P&Z REGULAR MEETING JULY 15,2015
17.50450 Area requirements.
A>Lot Area.The minimum lot area required Is five acres.
B.Lot Width,The minimum lot width required is 250 feet.#Repealed and reenacted by Ord.93-66§2,
1993;Ord. -57-0§1®1994;Ord.82-46-0 12,11382.Formerly§17.13,0501,
17.50,060 Maximum lot coverage for structures,
The maximum lot coverage allowed by the total of all structures Is five percent of the lot area,except
that on any lot of record,structures may cover 2 square feet of the lot or five percent of the lot
area,whichever Is greater.(Repealed and reenacted by Ord.93-66§2®1993;Ord.84-57-0§1,1984;
Ord.82.46-0§2,1982°Formerly 917.13.060).
17.50,470 Building height limit.
The maximum building height allowed is 35 feet for residential buildings and 50 feet for accessory
buildings.lord.93.66 52,1993°Formerly 17,13.0701.
17.50.020 Setbacks from prop"lines.
A.Setbacks from Property Lines.
1.°There is a required front yard setback of 25 feet except lots fronting on marine waters are exempt
from any front yard setback,
2.There Is a required side yard setback of 25 feet.
3.There is a required rear yard setback of 25 feet.
B,Setbacks from Anadrommus Fish Water Bodies.
1.There Is a required setback(preventing clearing,filling,excavation or structural developrmentl of 5D
feet from the bank vegetation of anadromous fish enter bodies that are specified pursuant to AS
16.05.870(a'and 5 AAC 95.010,except in the case of timber harvesting activities,whose required
setback will be regulated by AS 41°17.010 through 41,17,950,as amended,and the regulations enacted
thereunder.This provision shall not prevent removal In the setback area associated with a habitable
residential or recreational structure of;
as Up to 50 percent of the trees;and
b.Other vegetation If a suitable ground cover(such as grass)Is planted.
2. dater-dependent facilities,In stream development activities,and fording may he located closer than
50 feet,and In the water when permitted by the Alaska Department of Fish and Game under AS
16,05.870(b)and(dl and 5 AAC 95.700.'Water-dependent facilities are defined as eases,activities or
structures which can be carried out only on In or adjacent to enter areas because the ease,activity,or
structure requires access to the grater body(e.g.,water Intake facilities,micro hydro projects,docks,
piers,and boat watching facilities,etc.).(Ord.93.66§2,1993.Formerly§17.13.0801,
17.S0. Special district regulations.
A.Conditional uses in this zoning district are required to conform to the general district regulations
unless the terms of the conditional use permitspecify otherwise.
B.Approved conditional rases In this district shall conform to the following specific performance
standards:
Amendments 1®VJ8C Chapters 17 140,17 50,and 17 130
Page 33 of 107
Ordinance No. FY2016-03 Amending Title 17 Zoning, Chapter 17...
AGENDA ITEM O.D.
PUBLIC HEARING ITEM 7-F AND 7-G
P a Z REGULAR MEEnNG JULY 15,2015
2.CDnditionM uses must minimize the Impact an the natural environment and preserve,to the extent
Ueasible and prudent,natural features.Specificaily,to the extent leos6ble and prudent-,
a.COMIMMal uses in upiand habitats must retain natural veSetation coverage,natural drairvage
patterns,prevent excessive runalf and erosion,and maintain surface water qua My and natural
groundwater recharge areas,and
h.Conditional uses in estuaries,fideflats,and wetlands must maintain or assure water now,natural
circulation patterns,and adequate nutrient and oxygen levels,
Nothing in this provision shalt require improvement to the anatearal condftiro existing prior to
development.
2.ANhough a Iparticuplar condWonal use may constitute a minor change„the currugiatIve effect of
I'KIWAMUS plecameal changes can result In a major impaku-nent of the enWronmPnt.,The 1partkular site
for which a corIftional use a pNIcaflon h mmde will he evakrated wilh U-te rem Snitton that JW may be part
of a cornpiele and haerr-elated area.-A roaditionall use shall be denied under t1his
provision onN If the weight of aedible sdenfific evidence shows that the proposed conditional use,
together with Al other then-eAsting conditional uses in the area,MR have a substantlal adverse Impact
on the Interrelated environmental area W such conditional uses are operating in accordance with all
required state and federal ruies and regulaftm Consideration shall be given to the mitigating elfert of
not locining the condiflanal use 6ruany other area and iatidgatlua n effowls,ff any,which the proposed
conditional user may offer for Ws or any other eirrAranimental areas.106d.93-66§2,1993.Formerly
§17.1109G].
1750100 Fences,parking,and sggnL
Fences,parMnS areas,a nd signs are permitted and unregulated when they are related to the use of the
property for a permitted and/or approved conditional use.10rd..93.66§2,1991 Formerly§17.13,1001.
17.50.110 Nonconformitles.
&On noncooWmIng lbts of record any permitted principal uses and structures and any permitted
acce.. uy uses and structures are allowed.
B On nonconforming lots of reward the assn mission may grant condrtionall Use permit for any use
iistedin MUC 175M040.
C.Setbacks fi-om property lines for nonconronning lots of one-half acre or less:
1.There Is a IrequiredIslide yard and mar yard sefl;pack of 10 feet;and
2.Theire is a required frorit yard setback of 15 feet,except lots fronting on vaidne sivatus are exempt
from any front yard setback.
D,Nonconiforroft Uses will be regulated by floe general nonconforming Use provisions of this Ode.
E.Nonconl`Dnrning structures will be regulated lby the general nonconforming structures provisions al'
Ws title.I[Ord,93-66§2,1991.Formerly§17.13.1101,
Am is Is VJBC Chapters 17 140,17.50,and 17 130
Page 34 of 107
Ordinance No. FY2016-03 Amending Title 17 Zoning, Chapter 17...
AGENDA ITEM O.D.
PUBUC HEARING ITEM 7•F AND 7-G
P Z REGULAR MEETING:JULY 15,2015
Chapter 17.130
PL—PUBLIC USE LANDS DISTRICT
Sections:
17.130.010 Description and intent.
17.130.020 Permitted uses,
17.130.030 Conditional uses.
17.13Q.0J5_1gMporaLy Uses
17.130® Area requirements,
17.130.0SO Yards.
17.230.060 Building height limit,
17. 0.010 Description and Intent.
The PL public use lands zoning district Is established as a land use district for publicly owned land
containing recreational,educational and Institutional uses.For the public lands district®in promoting the
general purposes of this title,the specific Intentions of this chapter area
A.To Identify lands owned by governments that are used for public purposes;
&To prohibit sidential®commercial and Inclusbial land uses and any other use oft a land which
would Interfere with the development or continuation of public services In the district;and
C.T o n courage the discontinuance of eidsting uses that are not permitted under this chapter.10rd,83-
13-0 42,1983°Formerly 517.33,010).
17.130.020 Permitted uses.
The following land uses are permitted In the public lands district subject to the approval of a detailed
site an by the commission:
A-Cemeteries,
0.Community buildings and halls;
C.Fire stations;
D.Gymnasiums,
E.Hospitals;
F.Ubraries,
G.Museums;
H.Nursing homes;
1.Offices for cal®state and federal governments,
J,Open air theaters;
K.Parks,playgrounds,playfields,and open space;
L Recreation centers;
M.Sanitariums;
N.Schools,public and private;
C.SvArnming pools;and
Amendments to KISC Chapbors 17 140,17 5a,and 17 130
Page 35 of 107
Ordinance No. FY2016-03 Amending Title 17 Zoning, Chapter 17..®
AGENDA ITEM O.D.
PUBLIC HEARING ITEM 7-F ANO 7.0
P&Z REGULAR MEETING JULY 15,2015
K Utffltf insta0alions,10,rd,83-184.112,1983.Formeirly§17.310201.
17330.030 Condlflon;II urms.
The foflowhw'land Ila,ses rrwy be allowed by obtaining a ImItift3onal ase pennft.On acirm-dance wK11h duiv
p",nolsions otChapter 17•200 KI BC-
A.AIrpons;
0.Q:wrecdonall VwJfides;
C.111DWmltodes;
D.Governmentai maimenaince and senke rw1fifies and sti:waseyards;
E.Natural resirl.vurce extraCtlon;
F.Sofid waste disposalsities;and
G.Radio and IlelevpaOa n transmithars.1,04 81-1¢1..0§2,1983.ForrneAij 91733,0301.,
jL13n.105 Ieimgnrag U,6M.
ngir.
a"H!m0ap t:P..Mns' �ty dlasummue amp InDkIlt #IAUU&S.�34UK`2&5,
er.m. •q,'1
-1P !�.21
17,130.040 Area requ Irements.
A,Lotkea.The Ink1irnurn lot area I,equired N7,200 sliquare feet.
B.Lat Mdth.'Irhe minlmum lot vvidth required Is 60 feilna[04 83-18.0§2,1993.For• arly§1733.04%
17430.050'ram5.,
k Front Yard.The WnImugn Irront yard required Is 25 feel
B.Side Yard.The rninimum graird required on each side oI`a pri ocipati building Is 10 pen-mr-a ofthe W-I's
vvidth but need not exceii!W 2.5 Feet.The ml nimum nequIred sideyaW on the Greet We or a corner liat Is
25 FeeL
C.Rear)rard.The niOnImurn rear yard requked Is 25 percent W ON,.,lot's di.Wpth but need rwk exceed 25
Ifeet,l[ord,83-1.9-1): §2,1983,Formedy§17.310505.
1711MOSO BiaNdiuss helcht 11mit.
The Iamaxim um buffidIrIg b6ght k.50 feet,10rd.,83-18-4.)§2,198:-L Formerly§17.310601.
Amendments to MEG Chaplws 171i0,17.50,and 17$30
Page 36 of 107
Ordinance No. FY2016-03 Amending Title 17 Zoning, Chapter 17...
AGENDA ITEM O.D.
Kodiak Island Borough
Planning&Zoning Commission
Draft Minutes Applicable to KIB Ordinance No.FY2016-03
July 15,2015 6:30 p.m.-Assembly Chambers
CALL TO ORDER
COMMISSIONER ARNDT called to order the July 15, 2015 regular meeting of the Planning and
Zoning Commission at 8:30 p.m.
PLEDGE OF ALLEGIANCE
COMMISSIONER ARNDT led the pledge of allegiance
ROLL CALL
Commissioners present were Jay Baldwin,Alan Schmitt,Kathy Drabek,Maria Painter,Scott Arndt,
Greg Spalinger,and Kyle Crow.
A quorum was established..
Community Development Department staff present was Director Pederson,Shelia Smith,and Jack
Maker-
APPROVAL OF AGENDA
COMMISSIONER SPALINGER MOVED to approve the July 15, 2015 Planning & Zoning
Commission agenda.
YOKE VOTE ON MOTION CARRIED UNANIMOUSLY
APPROVAL OF MINUTES
COMMISSIONER SPALINGER MOVED to approve the June 17, 2015 Planning & Zoning
Commission minutes.
VOICE VOTE ON M077ON CARRIED UNANIMOUSLY
PUBLIC HEARINGS
G) Case Amending KIBC Chapters 17.50 (C-Conservation District) and 17.130 (PL-Public
Use Lands).Request an ordinance amending Chapters 17.50 KIBC(C-Conservation District)
and 17.130 KIBC(PL-Public Use Lands) to allow the temporary storage of mobile homes
displaced under AS 34.03.225 to be stored on sites zoned C-Conservation and PL-Public
Use Lands(KIBC 17.205.040).The applicant Is the Kodiak Island Borough and the agent Is
the Community Development Department.The location is borough-wide,and the zoning Is
C-Conservation and PL-Public Use Lands.
Director Pederson slated as we indicated last week again this Is the ordinance that would allow the
two zoning districts to be used for temporary storage subject to approval by the underlying property
owner. This ordinance also has the sunset clause of December 31,2018 that was talked about at
the work session on July i"e Staff recommends approval for transmittal to the assembly.
The motion on the floor from the July 8,2015 Special Meeting Is.,
COMMISSIONER SCHMITT MOVED to recommend the Assembly of the Kodiak Island Borough
approve the ordinance amending Chapters 17.50 KIBC(C-Conservalion District)and 17.130 KIBC
(PL-Public Use Lands) to allow the temporary storage of mobile homes displaced under AS
34.03.225 to be stored on sites zoned C-Conservation and PL-Public Use Lands,and to adopt the
findings of fact In the July 3,2015 staff report as findings of fact for this code amendment.
Close regular meeting&open public hearing.-
7/15/2015 Page 1 of 2 P&Z Minutes
Page 37 of 107
Ordinance No. FY2016-03 Amending Title 17 Zoning, Chapter 17..,,
AGENDA ITEM O.D.
Judi Kidder stated the reason why this ordinance solution was tossed up is because there are not
enough available spaces for the trailers that may be able to be moved. Even with the twenty-nine
spaces possibly at Rasmussen's the liming of everything and filling everyone in this still may not
be enough spaces. The solution is a temporary solution but with a sunset clause it gives some
flexibility for coming up with ideas for a long term final solution.The reason for the sunset clause is
so that it's not open-ended and ongoing. It's an important part of the solution to have in place
whether or not it's used.
Close public hearing&open regular meeting:
COMMISSIONER PAINTER stated she's been thinking about the Jackson residents and in the
event they would use this storage that would be on Conservation or Public Use Lands. Currently
there's no one on the island that's willing to move the mobile homes. Someone come In from off
Island may have to come In. It's going to be very costly. PAINTER also expressed concern about
Public Use Lands to lake on the responsibility of storage because of liability and if something
happens the taxpayer's are responsible.There would need to be bonding and contracts,and now
we've become a private entity.This should be for private business to take care of If they want to
allow It in the Business district.She feels it's not the Kodiak island Borough's place to put it on the
public.For the Public Use Land she feels it's the wrong move.
COMMISSIONER PAINTER MOVED TO AMEND the motion to recommend the assembly of the
Kodiak Island Borough approve the ordinance amending Chapter 17.50 KIBC {C-Conservation
District} to allow the temporary storage of mobile homes displaced under AS 34.03.225 to be
stored on sites zoned C-Conservation and to adopt the finding of fact in the July 3, 2015 staff
report as findings of fact for this code with the exception of#3-Delete 'and Public Use Lands
zoning district.'
During discussion the other commissioners were not in favor of the amendment.Brief discussion of
abandonment and turn-around time for the borough to take ownership of possible abandoned
mobile home.
Director Pederson stated part of the difficulty Is the State slopped the titling process for mobile
homes,they're done by bill of sale now. It was mentioned that the Borough Risk Manager is fairly
conservative in these matters. He's sure there will be a discussion about bonding, insurance,and
security.
FINDINGS OF FACT
1.The announced closure of Jackson's Mobile Home Park will force mobile home owners in the
park to relocate their homes. Since there are limited locations for displaced mobile homes to
relocate to,there may be a need for temporary storage of mobile homes until the owners are
able to secure a permanent location.
2.There is a lack of readily available land that is designated for any new mobile home park.
3. Currently, outdoor storage is only allowed in the business and industrial zoning districts. The
zoning code amendments will now allow the temporary storage of displaced mobile homes in
the C-Conservation and PL-Public Use Lands zoning districts.
4. The proposed amendments to Chapters 17.50 and 17.130 KIBC are consistent with
Comprehensive Plan Goals and Polices related to affordable housing.
5.The Planning and Zoning Commission recommends approval of the code amendments.
ROLL CALL VOTE ON MOTION TO AMEND FAILED 6-1. The noes were Commissioners
Baldwin,Schmitt,Drebek,Amcf4 Spalinger,and Crow. They aye was Commissioner Painter.
ROLL CALL VOTE ON MAIN MOTION CARRIED 6-1. The ayes were Commissioners Baldwin,
Schmitt,Drabek,Arndt,Spalinger,and Crow.The no was Commissioner Painter.
7/15/2015 Page 2 of 2 P&Z Minutes
Page 38 of 107
Ordinance No. f=Y2016-03 Amending Title 17 Zoning, Chapter 17...
AGENDA ITEM O.D.
PUBUIC HEARING IT 7-A AND 7•E
P&Z SPECIAL MEETING:JULY a°2015
Kodiak Island Borough
Community r t Department
710 Mill Bay Road
q Kodiak,Alaska 99515
e
Phone(907)488-9363 Fax(907)455-9396
www,kodiakak.us
Date: July 3,2015
o. Planning and 'n rri
Robert e , CF°d=kecbr
RE- Staff Reportand a` ® u tl,2015 Special Public Hearing-Code
Changes Addressing Issues
At their July 1st work session, the Commission scheduled a special public hearing for
July Oth to expedite consideration of the first three changes to Borough Code related to
mobile home issues resulting from the announced closure of Jacksons Mobile Home
Those code chapters are:
Chapter 17.140 KI C Nonconforming s and Structures;
Chapter 17,13 I C Public Use Lands District',and
Chapter 17.50 KI C—Conservation District.
This information in this memo and the attachments should be considered as building on
the background information previously distributed tote Commission on June 4tk and
e packet materials for the July :t special work session,
Chapter 17.1 40-Nonconforming Land Us s and Structures
As discussed in the June 4`h staff memo,one impediment to relocating mobile es
from Jack sons to other existing mobile home parks is the status of those parks(except
as us n's)as" n fate "(i.e.,legal nonconforming)lend uses.
Attached a proposed amendment to the nonconforming requirements of the zoning
code that addresses this Issue.The proposed code changes Include the clarifying
language discussed at the July 1"special work session.If adopted, obile homes
displaced from obile home parks as a result of a change of land use could be
relocated o other existing mobile home parks under certain conditions regarding
permits,taxes,and meeting minimum life safety requirements(i.e.,separation of
structures)in case of fiire,
Chapter 17.1 30-Temporary storage of mobile homes In the PL zoning district
The June 4th staff memo to P&Z noted that outdoor storage Is currently allowed in four
zoning districts(B-Business, a it Business, I-Indusri I,and L®Light Industrial)
and that there has been discussion about permitting temporary storage on publicly
Amendments to VdHC Chaplors 17 140,17 50,and 17 130
Page 39 f1 7
Ordinance i it r ..a
AGENDA ITEM O.D.
PUBUC HEARING ITEM 7-A AND 7-®
A Z SPECIAL MEEtING,JULY®,2015
owned land.Most Borough owned land around town is zone d IFL-Public Lands.Other
Borough parcels are zoned Natural Use,Watershed,Conservation,Industrial,or - .
During the July 11%special work session,there was discussion regarding temporary
storage of mobile homes in e C-Conservation zoning district,in addition to the PL
zoning district.This provision has been added tot the ordinance for your public hearing
on July 8h.If adopted,mobile homes could a stored in the C and PL zoning districts
subject to any conditions Imposed y the underlying roe owner,such s length of
time,insurance, c d ,screening,etc.The code changes also include a sunset
provision that allows temporary storage until December 31,2018.
Applicable Regulations
KIBC 17.205.010 5MLLofily.
Whenever the public necessity, nvenien general welfare or good zoning practice
requires,the assembly a ,by ordinance and after report thereon the commission
and u lic hearing as required by law,amend,su le ent®modify,repeal or otherwise
change these regulations and the boundaries of the districts.
KIBC J7,205.=_Report from ! nnin zoning issl
The commission shall report in writing to the assembly on any proposed change or
amendment r a less of the manner in which such change is initiated and such report
shall find:
A. Findings as need and justification for a change or amendments;
B.Findings as to the effect change or amendment would have on the objectives of the
comprehensive plan;and
C.Recommendations as to the approval or disapproval of the change or amendment.
KIBC 17.205260 Headno determination.
The assembly shall consider an application or commission recommendation for change
In e boundary of a district or any other commission recommendation proposing a
change in this litle,and the report oft the commission at its e regular meeting after
receipt of such o .I ,firom the facts presented and by the findings of the report of the
commission.it is determined that the public necessity,convenience,general welfare
and good zoning practice requires the change or amendment of any portion thereof,the
assembly y ordinance shall effectsuch amendment,s p ent.change or
reclassification.
Staff Recommendation
Staff recommends that the Commission forward the proposed code amendments to the
Borough Assembly with a recommendation forapproval.
Recommended ones&Findings of Fact
1 17.140 1
Amendments to KISC Chapte s 17 140.17.50,and 17 130
Page 40 of 107
Ordinance 1 m 3 Amending Title 17 Zoning, ...
AGENDA ITEM O.D.
PUBUC HEARING IT 7-A AND 7-®
P 0 Z SPECIAL MEETING:JULY 0,2015
Move to recommend the Assembly of the Kodiak Island Borough approve the ordinance
amending a tar 17.140 KIBC(Existing on n o in ses and Structures)to allow
mobile homes displaced under AS X03.225 to relocate within existing nonconforming
Mobile Home Parks, and to adopt e finding of fact in e July 3, 2015 staff report as
findings of fact for this code amendment.
€n lns of act
1.The amendments to Chapter 17.140 KIBC will eliminate a regulatory hu le that
currently revents mobile homer, displaced from Jackson's Mobile Home Park to
relocate to other existing mobile home parks.
2. All but one of other mobile home parks In Kodiak ate nonconforming land uses
and veral have existing spaces that could be occupied a nonconforming
standards of the code did not prohibit expanding nonconforming lan uses.
3.The amendments to Chapter 17,140 are nsisen with the Comprehensive Plan
Goals and Polices related to ousin andspecifically.affor a housing.
4.The Planning and Zoning ission recommends approval of the amendments
to Chapter 17.140 KIBC.
21 Chapters.17.60 and 1 .130 Kt
Move to recommend the Assembly of the Kodiak Island rag approve t ordinance
amending apters 17.50 KIBC (C-Conservation District) and 17.130 KI (PL-Public
Use Lands) to allow the temporary storage of mobile homes displaced under AS
3 °03°225 to be stored an sites zoned C-Conservation an L-Public Use Lands.and
to adopt e finding of fact in the July 3,2015 staff report as findings of fact fort is code
amendment.
Findings of Fact
1, The announced closure of Jackson's Mobile Home Park will force mobile e
owners in the park to relocate their homes. Since there are limited locations for
displaced mobile s to relocate to,there may e a need for temporary storage of
mobile homes until the owners re able to secure a permanent location,
2. Currently, outdoor storage Is only allowed in the business and Industrial zoning
districts. The zoning a amendments will now allow the temporary storage of
displaced Ile homes in the ® Conservation and PL-Public Use Lands zoning
districts,
3. The proposed amendments t® Chapters 17.50 and 17.130 KIBC are consistent
with Comprehensive Plan Goals and Polices related to affordable housing.
Amendmenu to KJBC Chaptm 17 140,17 50,ard 17 130 Page 4
1 of 1
rdinance No. FY2016-03 Amending Title 17 Zoning, Chapter 17...
AGENDA ITEM W.D.
PUBLIC HFARING 17 7-A AFDC 7.0
P 10 2 SPECIAL MEEnNG„JULY 0,2015
4. The Planning and Zoning Commission recommends approval of the come
amendments.
AmwWmLnb to K08C ChWm 17146.17 50,wd 17 834
Page 42 of 107
Ordinance No. FY2016-03 Amending Title 17 Zoning, Chapter 17...
AGENDA ITEM M.D.
PUBLIC HEARING ITEM 7-A AND 7.8
P A 2 SPECIAL MEETING:JULY 0,2019
In
Requesled by fi Assombty
I a
2 Dmfted by, coo
3 In 1
c Heaflaq�
4 Adopted:
5 KODIAK ISLAND BOROUGH
6 ORDINANCE NO. FY2016-XX
7
ORDINANCE 8 AN F THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
AMENDING 17.5 0(C-CONSERVATIONJ A 17.130 KIBC PUBLIC
10 USE LANDS DISTRICT)TO ALLOW THE TEMPORARY STORAGE F MOBILE
I l HOMES DISPLACED UNDER AS 34.03.225 TO 13 T SITES C-
12 CONSERVATION L-t� LI S ILANt S
13
14 WHEREAS, As a second class Borough, lheI �I
�dI� Island Borough excercises
15 planning, platting, and land use regulations or an area wt e;bi sis pursuant to Chapter
16 29.44 Alaska Statutes;and
18 WHEREAS, In accordance with AS 79.49,kC„e Kodiak Island �,��� i�� iadopl the 2Q08
19 Comprehensive Plan update on December 0 2007(Ord! a ce Flo.FY2009-"10)to replace
20 the 1968 Comprehensive Plan;and
21 � �'
22 WHEREAS, The Kodiak Islan ��oro�gh has d ape KIEC Title 17 (Zoning) in
23 accordance with AS 29.40 to impl66n lhb Kodiak lsiar)diBorough Comprehensive Plan;
24 and Iilj II
25 �� �il� ;
�q
26 H Kl i1���.7.2 ;010 provides its k ev�r e public necessity,
27 convenience, gerr're�l' lfare��or good �9�r�gPracticekr+rqulms, the assembly may, by
28 ordinance and afleri report therecin by the commission att�i`public hearing as required by
29 law amend suppte6d4tl mod'y,,repeal or'otharwise change these regulations and the
30 bound aneso(thedlstril°a �J '
31 II� '� r�ll,IVGi 1,1'r,,
� III, Ili
32 WHt� EAS, Thelrecsnt announced ctor{
fit, pf ackson°s Mobile Flume Park pursuant to
33 AS 01225(a)(4)wililfesull In 'a 1CItl families being fond to relate;and
34 114 JIII �k,
35 ER S'w,,,Many of the mobile Thus In question may not be able to be mowed due to
36 age,slrucl�r�l condition,or#odiGcatior s over time;and
37
39 WHEREAS, Recapt public timments noted that some mobile home owners may need a
39 lam ry I ation ttl�stcre thaiir mobile homes until a permanent location is found;and
40 q��r� � f '
41 WHEREAS, are MI be space available on ®Conserwallon zoned land or publicly
42 owned land that is zoned PL Public Use Lands to accommodate temporary storage of
43 mobile homes if the C or PL zoning regulations permitted such storage;and
44
45 WHEREAS, The Borough desires to relax the regulatory requirements to permit mobile
46 homes displaced pursuant to AS 34 03.225 to be temporarily stored In the C and PL.
47 zoning districts;and
8
49 WHEREAS, The public necessity and general welfare of the community may be better
50 served by amending the to allow temporary storage of mobile homes rather than
51 requiring strict adherence to existing zon`ng requirements for storage;and
52
Kodlak Island gh 1s 1m rjBC Chapteis 17 140.17 171330 Ordinwce No.FY2016-XX
Page 1 of 2
17
r i 1 m i it 1 i t ... Page 43 of
AGENDA ITEM M.D.
PUBUC HEARING IT 7•A AND 7•6
P A Z SPECIAL MEETING JULY 0,2015
53 WHEREAS, The amendments to Chapters 17.50(C—Conservation District)and 17.130
54 KI (PL®Public Use Land&)of Title 17 will acromplish the stated public need;and
55
56 WHEREAS,The Planning and Zoning Commission hold a special work session to review
57 the proposed changes to Chapters 17,50 and 17.130 KIBC on July 1,2015;and
58
59 WHEREAS, The Planning and Zoning Commission set aside time for public input and
60 discussion at the work session;and
61
62 WHEREAS, The Planning and Zoning Commission hold a special public hearing on July
63 8, 2015 and a public hearing on July 15, 2015 and following the July 115, 2015 public
64 hearing, voted t o t ransmit their recommendations for revisions to Chapters 17.50 and
65 17,130 iii to the Borough Assembly-,and
66
67 WHEREAS, As part of their recommandation to adopt the revisions to Chapters 17.50
68 and 17.130 KIBC,the Planning and Zoning Commission adopted Findings of Fact,which
69 are attached hereto as Exhibit B;and
70
71 NOW,THEREFORE,BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND
72 BOROUGH that:
73
74 Secition 1: This ordinance Is of a general and permanent nature and shall become El
75 part of the Kodiak Island Borough Code of Ordinances;
76
77 Section 2: The amendments to Chapters 17.50 and 17.130 KIBC are attached as
78 Exhibit A.
79
80 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
81 THIS DAY OF 2015
B2
83
84 KODIAK ISLAND BOROUGH
85
86
87
as Jerral Friend,Borough Mayor
B9
90 ATTEST
91
92
93
94 Nova M.Javier®MMC,Borough Clerk
95
96
Kodlah Island BornughANaWantsto riBc chapters 17 140,17 so,OW 17130 Ordinance No FY2016-XX
Page 2 of 2
Page 44 f17
Ordinance No. FY2016-03 Amending Title 17 Zoning, Chapter 17000
AGENDA ITEM O.D.
PUS UC HEARING ITEM 7-A AND 1-8
P a Z SPECIAL MEETING:JULY 8,2015
chapter 17.50
C—CONSERVATION DISTRICF
Sections:
17.50.010 Description and intent.
17.5U20 Permitted principal uses and structures.
1750230 Permitted accessory uses and structures.
17.54,040 Conditional uses.
I7.50,045 Tern rare Uses,
17.50,050 Area requirements,
17.50.060 Maximum lot coverage for structures.
17.50.070 Building height limit.
17-54M80 Setbacks From property lines.
1754,00 Special district regulations,
2750,100 Fences,parking,and signs.
17S4A10 Nonconformities.
1750.010 Description and Intent.
The C conservation zoning district is established for the purpose of maintaining open space areas while
providing for single-family residential,and limited commercial land uses.For the conservation district,in
promoting the general purposes of this title,the specific intentions of this chapter area
A�To encourage the use of land for single-family residential and limited commercial purposes,
B.To encourage the continued use of land for open space areas,and
C.To encourage the discontinuance of existing uses that are not permitted under the provisions of this
chapter.(Repealed and reenacted by Ord.93.66§2,1993;Ord.84-57-0§1,1984;Ord.8246-0§2,
2982.Formerly 517.13.0101,
1.7.50.020 Permitted principal uses and structures.
The following land uses and activities are permitted In the conservation district.
A.All of the permitted principal uses and structures In the NU natural use zoning district;
B.Agricultural activities and related structures,including commercial livestock grazing;with a written
conservation plan between the land owner or lease holder and the Kodiak soil and water conservation
district,In those areas historically established for livestock grazing consisting of the northeast portion of
Kodiak Island east of a line drawn from Crag Point an Sharatin Bay to the mouth or Wild Creek in Ugak
Bay,and Including Chirikof island and Sitkinak Island;
C.Commercial fishing activities and related structures,Including mariculture activities and related
structures,
D.Commercial guiding and/or outfitting activities jej.,hunting,fishing,photography,etc.)and related
structures(e.g„lodges)containing provisions for no more than six clients;
E.Parks;
F.Recreational activities(Including recreational mining activities);
G.Single-family dwellings/recreational cabins and associated home occupations;
H.Timber harvesting activities and transportation and utility facilities constructed In support of
permitted limber harvesting activities,
Amendments to KIBC Chapters 17 140,,17 50,am 17.130
Page 45 of 1 07
Ordinance No. FY2016-03 Amending Title 17 Zoning, Chapter 17...
AGENDA ITEM O.D.
PUBLIC R MING ITEM 7-A AND 7-9
P&Z SPECIAL MEETING ULY 8,2016
j.Bed and breakfasts;
0t.Vacation hoines;mad
11-limp houses.11i FY20LZ 10 64,21012,Or&Pf2MR-08.0 W 2D D6,Ord.2001.05 43,2DQ1,repealW
and reenacteri 111:iV Ord.93-66§2,1q93;1186-2.7-0§3,1986,Ord.84-57-0§1,19844 Ord.02-46-0!R,
1962,F'orrnerly 517.13,0201.
17.50-030 Permlitteid amessory uses aridstruictures,
In addiiii to Rume uses andsivuelluves spedficafly Weniffied in RJlK 17.SM02n,the folloMnIll,accessary
uses and structures are perm0lted whein devebped In support oif permItted princiipall uses,
A.DfIpdti,ii mater Ii ntake fa J11fies,powar structures,etc,
B.,Accessory msidemlal bullidlings�eeli crew quarters in sli,iipli W curnmeidal set-net fishing and budge
Operallans,li ouili
C.Storage and warehouse:strciraures(e.g.,IRear bulldinji lipmeralor sli etc.);and
0.Tvanspariladon and J61ii fai:,111illes[e.&,roads,Ilufpaellrnes,comirrwri faci-fifles,ekcj but not,
alvarips.[illepealled and reenacted by IOrd.93-66§7,'1"93;Ord,B467-0§1,1984,W.8246-0§2,r
1982.Foaniarily§27.13,0301,
17,50AM01 rminidiltional Uses.
Titim k-Alowing land uses and ackiwIfies may be altowed li ohlokii1rig a candid onall use perrniJit in
aawridance,with the pmbionN of Challi 1711)IKMC
A.AN IDif the conditional uses In the fl'U iniaturfall uva zoning distriia-,
B.Nirstrips;
C Cbmwirdall We5tock grazing,exdwililirrig those areas hhaorlcally esubli0ed FwAhrestock gii-viingas
descrIbed hi MDC:11750.020(1111,vvitIere lit is a permilitted Use,
D.Ludges thail have pro,OsWns For riwre than six ii
L Logging carrys and Umber Ilaaa vestinp
.,support fadftfies(e.S.,log transfer CKRWes),inctudiling timIner
products processkiS fadfitles;
F.Nonrecreatlainal Imineral extraction acii and reJawii:Id struclum;
G.Sea(Dad prnicessing faclififies and related sli iRAd
)+,Tvanspoirtatk:Iri,and utillity fardifies Fica othemirlse perwinMed and rhot othenulse wed in con iaoscitilw
wiJOI pe"wifttediuses roads,plipehnes,communicat0ans faic;Milie5,elicl.I[Ord.201194,211
repealed and reenacted by Gird,93-66§2,IR93;Ord.84-57-0§1,1984,Old.92-46,-0 t§7,1982.Formady
517.110401.
Ll.jq,,D�1151-lre-jy�ryvUses,
Lhe ollowouigland uses_nwlbt,31110-�ed In��he ILWIM i !pnmf y
hated to s
IDW"q ............__Iii to Such stuurarV,au eslabflsb
L rims vwuwli avu @wall suuurs on Deciewnher 31,1018
ROW 17 W
Page 46 of 107
Ordinance No. FY2016-03 Amending Title 17 Zoning, Chapter 17...
AGENDA ITEM #3.D.
PUBLIC HEARING IT 7-A AND 7-15
P&Z SPECIAL MEETING:JULY%2015
17.50.050 Area requirements.
A,Lot Area.The minimum lot area required Is five acres,
B.Lot Width.Tice minimum lot width required Is 250 feet.[Repealed and reenacted by Ord.93-66§2,
1993,Ord.84.57-0§2,1994;Ord.82-46.0§2®1902.Formerly 917.13,050],
17.50.060 Maximum lot coverage for structures.
The maximum lot coverage allowed by the total of all structures is time percent of the lot area,except
that on any Wt of record,structures may cover 2,0W square feet of the lot or frve percent of the lot
area,whichever Is greater.[Repealed and reenacted by Ord.93.66§2,19930 Ord.84.57-0 51,1984,
Ord,82-46-0§2,1962,Formerly§17.13.0601.
17. 0,070 Building height limit.
The maximum building height allowed Is 35 feet for residential buildings and 50 feet for accessory
buildings.[Ord.93-66§2,1993.Formerly§1713,0701.
17.50.080 Setback&from property lines.
A.Setbacks from Property Lines.
1.There is a required front yard setback of 25 feet except lots fronting on marine waters are exempt
from any front yard setback.
2.There Is a required side yard setback of 25 feet.
3.There Is a required rear yard setback of 25 feet.
8-Setbacks from Anadromous Fish Water Bodies.
1.There Is a required setback(preventing clearing,filling,excavation,or structural developmen"of 50
feet from the bank vegetation of anadromous fish water bodies that are specified pursuant to AS
26.05.870(a)and 5 AAC 95.020,except in the case of timber harvesting activities,whose required
setback will be regulated by AS 41.17.010 through 41.17.950,as amended,and the regulations enacted
thereunder.This provision shall not prevent removal In the setback area assGclated with a habitable
residential or recreational structure of,
a.Up to 50 percent of the trees,and
b.Other vegetation If a suitable ground cover(such as grass)Is planted.
2.Water-dependent facilities,In stream development ocilvitles,and fording may be located closer than
50 feet,and In the water when permitted by the Alaska Department of Fish and Game under AS
I6.O5.870(bl and(d)and 5 AA095.7 .*Water-dependent facilities'are defined as uses,activities or
structures which can be carried out only on,In or adjacent to water areas because the use,activity,or
structure requires access to the water body(e.g.,water intake facilities,micro hydro projects,docks,
piers,and boat watching facilities,etc.).[Ord.9366§2,1993.Formerly 917.13.0801,
174D,09D Spedal district regulations.
A.Conditional uses in this zoning district are required to conform to the general district regulations
unless the terms of the conditional use permit specify otherwise.
8,Approved conditional uses in this district shall conform to the following specific performance
standards:
AfflerwimenU to KIBC Chapteni 17 140,17 50 ard 17 130
Page 47 of 107
Ordinance No. FY2016-03 Amending Title 17 Zoning, Chapter 17...
AGENDA ITEM 93.D.
PUBUG HEARING IT 7-A AND 1-9
P&Z SPECIAL MEEPNG�JULY 0,2015
:1.C"Ondiftlal uses rinuit nilnimfte the impact on the natural environment and preserve,to the extent
feasible and prudent,natural featurin.Spediicaliy,to the ement feasible and prudent.
a.Condkkinal use%in upWnci habitats must retain natural vegetation coven ge,naturall drairtage
patterns,prevent excessive iruunofff and eroslDn,and maintain surface water quality and naturid
groundwater recharRe areas,and
b..Condklonal usei In estuaries,fldeflat5,arid wetlands must maintain or assure water flow,nahmM
drWaficni imterns,and adequate nutrient and oxygen levels.•
Nothing fin Ithis,provisiorishah require improvement to the natural condition existing prior to
devislopmell•lit.
2.,Mthough a IpartBanWa r condWonal use may constitute a rnipwr change,dw cumuNfive effect of
numeimus pieceii'olie2f Changes can rp%uft In a major IrripArment of Vie enviranment.The particular Site
for which a cond1flional um app hcation is made w0f be evaluated wkh d-iie rerogriftn that it may be pan
of a cornpWe and Wervelated environmental area.A condifloriM use MiM be denied Under this
proWslon randy if the weight of credible scierit1fic ey5dence gwws that the proposed confAtional use,
togedier with A other then-exIsding coiriditionall uses In the area,will lia•e a substarMal adverse impact
cm the inkerreNted environmental area W such condIfional uses are operating In accordance withaM
required state and tIadvii-al Mas and regii.ilations.Consithwation%hall be given tea the iinkWating effect or
not locating the conditional uw. In any other area and irriftigation efforts,if any,which the proposed
conditional user may offer for thlis or any other environmental areas.jOrd.93-66§2,1,993,FormeriV
§17A3 MOJ.,
1740300 Fences,parking,and signs.
Fences,parNng areas,and signs are permitted and unregulated%rhen they are related to the use of the
property fee a permitted andlor approved cu:ndIWnal use.�Qrd.r q3•66§2,1 D191 rormeely§17.23,1001.
V.S0.A,t IMorKonformrnides.
A�On nonconVormft lots of record any pannitted principal umn and itnsdurws and any permitted
accessory uses and wvaures are flowed.
B,an rionconfimmirig kAs of record the comriMssion may grant a owidWriM use pwraft Nr any use
listed in 1105C 1'L50.040.
C,5etbacks front property lines for nonconlormina lots off one-4-iAr acre or less;
I..'n,ere I%,a reqWred side yard and rear yard setbark Of 20 feed and
2..There is a required front yard setback or:15'feet,except lots fminVing on irnarhie waters are exempt
from any ftorot yard setback.
D.Nonconforming uses AI be regulated by the general nonconfiarming w.ose provksions of this fide.,
L Norirmnrormft Aructures M111 be regulated by Ithe general nonconformllrip,s1ructiares provisions of
this fitle.[Ord.93.66§2,.1993.Formedy 07.13.11,01.
Aniudments to KJDC Chapters 17 140,17.50,and V 130
Page 48 of 107
Ordinance No. FY2016-03 Amending Title 17 Zoning, Chapter 17...
AGENDA ITEM M.D.
PUBLIC HEARING IT 7-A AND 7-8
P Is Z SPECIAL MEETIN&JULY 8,2015
Chap r17®130
PL—PUBLIC USE LANDS DISTRICT
Sections:
17.130.010 Description and Intent.
17.130.020 Permitted uses,
17.130.030 Conditional uses.
17.130.035 jftMQgMpLUM
17.130.D40 Area requirements.
27130.050 Yards.
17.130.060 Building height limit.
17.130.010 Description and Intent.
The PIL public use lands zoning district Is established as a land use district for publicly owned land
containing recreational,educational and Institutional uses.For the public lands district,In promoting the
general purposes of this title,the specific Intentions of this chapter are®
A.To Identify lands owned by governments that are used for public purposes;
a.Top hibit residential,commercial and Industrial land uses a no any other use of the land which
would Interfere with the development or continuation of public services In the district;and
C To encourage the discontinuance of existing uses that are riot permitted under this chapter.[Ord,83-
10m §2,1983.Formerly§17.33,010].
17.130.020 Permitted uses.
The following land uses are permitted in the public lands district subject to the approval of a detailed
site plan by the commission,
A,Cemeteries;
B.Community buildings and halls;
C.Fire stations;
D.Gymnaslumr,
E Hospitals;
F.Libraries,
G.Museums,
H.Nursing homes;
1.Offices for local,state and federal governments;
J.Open air theaters;
K.Parks,playgrounds,playfields,and open space,
L Recreation centers;
M.Sanitariums,
N.Schools,public and private,
0.Swimming pools,and
Ameriftents to VJBC Chaplffi 17 140,17.50.and 17 130
Page 49 of 107
Ordinance No. FY2016-03 Amending Title 17 Zoning, Chapter 17...
AGENDA ITEM O.D.
PUBUC HEARING ITEM T-A AND 7•B
F III Z WUAL MEETING�JULY 6,2015
P.UMV1 ImtaHafi-ons,10rd.,93,18-0§2,1'983.Formerly 1-17.334201.
17.130-030 Con&klonal umm
The fcfflawivig lancl usil!Es Nnay be MIcIwed by obtairilnM a conditional arse pernift In accordanmwkh thiia
pro:W.stom n Chapter 27.200 10BIC
Akports;
Urrarbonall racftes,
C.IlDnimfitories;
D,,C;ovemnental maintenance and servIce Wgfties and storage yarls,
E.Nakiarai,l rtmaurce extraction;
F.Sohd waste&posal sltii-,%and
6,IRanndIa and lelevWan trans vIdtteim.10r d.83-1.8-43 TD&L Fonviedy§11,731103.01.,
...........................................................
mown nee and i
......1 d.b ..I 1 9 a!
�hp..............v..... r�..
j.p... ............ ... ............ ...
i............ yN: rk igtMqj)pc�eimber 3
1�..!b�11.21L _ _
17,13M04B Area irnamgn,nirenrnerats.
A,Lot Area.The rnfiftum Iat area reqtflwed 6 7,200 Nquare,fi-,et.
0.Lot Width.The rninimcIm Ilot width required is SO Wt.[13 rd.83-18-0§2�,1983,Formerly§173.,-.Ln40j,,
17.1130.111150'Ifand&
X I14ont Van.i.The Inkdmiam Front Vaud requIred Is 25 feet.
B.Side,Vavd.The irninfirnum Vard requked w,I,each;M de oV a pflacipal Itunull dlng is 10 pericen't of thil!!tot's
widdi-I but need not exceed 25 feiat.The mInimum ni!quIred suede yard Immn the street!slde off comer lot ts
25 feet,
C.,lR ear 116ind.The�an Ink Few Vaird reel uVed Is 25 percern k ol`khi!!I lot's depth but need Imt exceed 25
feet, §2,11181 IFo nmer 917,33,0501.
17J."ROASO Building hallthir,HmMt.
The maximun)budding he4ht is 50 feet.[Ord.83-18 0!42,1.983.Formpfly§:173111DRIJ.
Amendmenb to KQBC Chapten n7 140,17.50,and 17 130
Page 50 of 107
Ordinance No. FY2016-03 Amending Title 17 Zoning, Chapter 17...
AGENDA ITEM O.D.
Kodiak Island Borough
Planning & Zoning Commission
Draft Minutes Applicable to KIB Ordinance No. FY2016-03
July 8,2015 Special!Meeting 5:30 p m.-Assembly Chambers
CALL TO ORDER
COMMISSIONER ARNDT called to order the July 8, 2015 special meeting of the Planning and
Zoning Commission at 6:30 p.m.
PLEDGE OF ALLEGIANCE
COMMISSIONER ARNDT led the pledge of allegiance.
ROLL CALL
Requested to be excused was Kathy Drabek.
Commissioners present were Jay Baldwin,Alan Schmitt,Maria Painter.Scott Arndt,Greg
Spalinger,and Kyle Crow.Excused was Kathy Drabek.
A quorum was established.
COMMISSIONER BALDWIN MOVED to excuse Kathy Drabek.
Community Development Department staff present was Director Bob Pederson,Jack Maker,and
Sheila Smith,.
VOICE VOTE ON MOTION CARRIED UNANIMOUSLY
APPROVAL OF AGENDA
COMMISSIONER SPALINGER MOVED to approve the July 8, 2015 Planning & Zoning
Commission special meeting agenda.
VOICE VOTE ON MOTION CARRIED UNANIMOUSLY
PUBLIC HEARINGS
Limited to 3 minutes per speaker.Local number 486-3231.Tall Free number 855492-9202
B) Case: Amending KIBC Chapters 17.50 (C-Conservation District) and 17.130 (PL-Public
Use Lands).Request an ordinance amending Chapters 17.50 KIBC(C-Conservation District)
and 17.130 KIBC (PL-Public Use Lands) to allow the temporary storage of mobile homes
displaced under AS 34.03.225 to be stored on sites zoned C-Conservation and PL-Public
Use Lands(KIBC 17.205.040).The applicant Is the Kodiak Island Borough and the agent Is
the Community Development Department.The location is Borough wide and the zoning Is
C-Conservation and PL-Public Use Lands.
Director Pederson stated as we discussed last week we added the Conservation district Chapter
17.50 for public hearing to allow the temporary storage in the same manner as proposed for
Chapter 17:130 Public Use Lands district.The wording Is the same in both of those and we have
the sunset provision December 13,, 2018 to match the sunset provision in the amendments to
17.140.
COMMISSIONER SCHMITT MOVED to recommend the Assembly of the Kodiak Island Borough
approve the ordinance amending Chapters 1750 KIBC(C-Conservation District)and 17,130 KIBC
(PL-Public Use Lands) to allow the temporary storage of mobile homes displaced under AS
34 03,225 to be stored on sites zoned C-Conservation and PL-Public Use Lands,and to adopt the
findings of fad in the July 3,.2015 staff report as findings of fact for this code amendment..
778/2015 P&Z Minutes Page 1 of 2
Page 51 of 107
Ordinance No. FY2016-03 Amending Title 17 Zoning, Chapter 17.,.
AGENDA ITEM #3.D.
Close regular meeting&open public hearing:
Judi Kidder stated at the last special work session Miss Painter brought up an issue about
deterioration of the trailers in storage and one idea Es to shrink wrap them like they do to the boats
for weatherization and It would also secure them from vandalism. The subject of abandonment
came up.We are in the process of forming Kodiak Mobile Home Owner's Association where we
could qualify for a loan for a new park. If this all goes forward and then the Mobile Home Owners
Association would ask that those trailers that were abandoned by owners by default become the
property of the Mobile Home Owners Association so we could move them into a park to either rent
out or sell them to offset the cost of utilities which would provide families homes. She does feel
then:should be conditions imposed for storage so it's not open ended and it's a finke thing.
Close public hearing&open regular meeting:
COMMISSIONER SCHMiTT MOVED to postpone to the July 15,2015 regular meeting agenda.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY
7/8/2015 P&Z Minutes Page 2 of 2
Page 52 of 107
Ordinance No. FY2016-03 Amending Title 17 Zoning, Chapter 17...
AGENDA ITEM O.D.
Kodiak Island Borough
Planning and Zoning Commission Special Work
Session
Wednesday, July 1. 2015, 6:30 p.m., KIB CONFERENCE ROOM
Special Wok Sessions are lWormal meetings of the Planning and Zoning Commission fwd on items.Afthoto
additional Rams not listed on the spec'el work session agenda may be dismssed when In by the Chair,
Commis or atm.no formal action Is taken at spedal work sessions.Items mat recluire liormal Commission action
are placed on the PLairuting and Zoning Commission regular meeting agenda.Citizen oomments at special work sessions
we NOT considered pan of the ciffbdal record.Citizen comments Intended for the'allkial nKmW should be made at a
Planning and Zoning Commission regular meeting.Citizen comments will not be allowed regarding cams vAdch are
schadWad for public hearing
Page
1. CALL TO ORDER
2. ROLL CALL
3. CITIZEN COMMENTS
Items not scheduled for Public Hearing.Limited to three minutes per speaker,
4. ITEMS FOR DISCUSSION
Mobile Home Park Code Discussions
2-9 a. Chapter 17.140 KIBG Existing Nonconforming Uses and Structures
Mobile Home Park Code MgflM±-24-j5.pdf
Existing Non-Conforming Uses and Siructures.p4f
10-13 b. Chapter 17.130 KIBC Public Use Lands District
Public Use Lands.12d
14-150 C. Chapter 17.115 KIBC Mobile Home Parks
Mobile HgMg Pa_rks.pdf
_Qod_ptgd MHP Information Packet 6-25-15,Ddf
5. REPORTS
a. Meeting Schedule:
• July 8,2015 Work Session-6:30 p.m,-KIB Conference Room
• July 15,2015 Regular Meeting-&30 p.m.-Assembly Chambers
6. STAFF COMMENTS
7. COMMISSIONER COMMENTS
8. ADJOURNMENT
Page I of 150
Page 53 of 107
Ordinance No. FY2016-03 Amending Title 17 Zoning, Chapter 17...
-—----------------------------------------—-
AGENDA ITEM M.D.
AGENDA I .
Kodiak Island Borough
Community Development Department
• 710 Mill Bay Road
Kodiak,Alaska 99615
Jill; Phone(907)488-9383 Fax(907)488.9396
www.kodiakak.us
Data: Jurie24,2015
To: Plannil and Zoning Commission
From:Robert H.Pederson,A1CP-Director
RM July 1 2015 Special Work Session-Draft Code Changes Regarding Mobile Hil Parks
At their June 11th work session, the Assembly directed the Commission to expedite
consideration of three to Borough Code related to mobile home parks.Those
code chapters all
Chapter 17,140 KIBC—Nonconforming Uses and Structures;
Chapter 17 130 KIBC—Public Use Lands District:and
Chapter 17-115 KIBC—Mobile Home Parks.
This infonnallon In this memo and the attachments should be considered as building on
the background information distributed to the Commission on June 4",
Staff also notes that the owner of a ussen's mobile home park has now riled a
conditional use permit application to expand the park to add 29 new ite home
spaces,The two expansion arms are adjacent to the existing park and were shown on
the maps in the June 40'information packet.It is also our understanding that the sale of
Clark mobile home park has now closed
Chapter 17.140-Nonconforming Land s and Structures
As discussed in the June 4t'staff memo,one impediment to relocating mobile homes
from Jacksons to other existing mobile home parks Is the status of those parks(except
smut n's)as" randfa '(I a„legal nonconforming)land uses.
The June 41"packet contained a proposed amendment to the nonconforming
requirements that would address this issue and permit units to be relocated under
certain conditions.The draft ordinance and proposed code changes are attached for
review and discussion at the special work session.
Chapter 17.130-Temporary storage of mobile homes In the PL zoning district
The June 0 staff memo noted that outdoor storage is currently allowed in four zoning
districts(B-Business, -Retail Business,1-Industrial,and LI-Light Industrial)and that
there has been discussion about permitting temporary storage on publicly owned land.
Most Borough owned land around town is zoned PL-Public Lands.Other aorough
parcels are zoned Natural Use.Watershed,Conservation,Industrial,or R-2.
Page 2 of 150
Chapter 17.140 KIBC Existing Nonconforming Uses and Structur...
Page 54 of 1
Ordinance No. FY21 - n i Title 17 Zoning, Chapter 1 ...
AGENDA ITEM O.D.
AGENDA ITEM#4.a.
Thu draft ordinance creates a section permitting temporary storage of disIlAacad irnoblllo
homes In the PL zoning district.Other zoning districts may be considered as eill,
As drafted,temporary storage would be allowed subject to any condifions astalblisllird
by the underlying property owner,such as length of time,Insurance,secii,Ay,scree.n ng,
etc.
Chapter 17.116-Montle Homo Parks
A copy of this chapter or code Is attached for P&Z discussion of possible changes
Next Steps
Staff recommends that the Commission make any changes they deem ilmrucessaiy to 0iia
17 140 and 17.130 amendments and schedule those amendments for a sp:ec ra[pil"iblir"
heart on July 8ti'..Changes to 17 115 will likely require additional d sciussion akyour
July Pwairk session and a hearing schedule determined at that time
Page 3 of 150
Chapter 17.140 KIBC Existing Nonconforming Uses and Structur,
Page 55 of 107
Ordinance No. FY2016-03 Amending it 17 Zoning, Chapter 1 ,.®
AGENDA ITEM O.D.
AGENDA ITEM#4.b.
idyndmad by, Nvvvwi;s
Rognuhmt hir ef"o
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4
5 KODIAK ISLAND BOROUGH
6 ORDINANCE NO,, FY20115-XX
7
8 AN I:.)RDIINANCE OF THE ASSEMBLY OF THIE KODIAK ISLAND BOROUGH
9 AllidENDWOCIiIIIAPTER 117,130 KIRC(PL-PUBLIC USE LANDS DISTRICT)TO ALLOW
I D THE T EMFIORARY STORAGE OF MOBILE HOMES 131SPLACED UNDER AS 34.03.225
I 1 1`0 BE STORED ON SITES ZONED PL-PUBLIC USE LANDS
12
13 WHEREAS, As a second class Borough, the Kodiak liql[and Borough excorcises
14 plairmlling,, lr.tWillng, and land use regulations on an area v4de basis pursuant to Chapter
15 29.40 AgaskaSialules and
1.g
17 WHEREAS, lin accordance with AS 213 40,the Kodiak Island Bomgh adopted the 2008
18 Comprehensive Plan update on December 6,2007 jotdinance No.FY2003-1D)to replace
19 the 1968 Cornjr.xehensive Plan'I and
Till
211 WHIERFAS, The Kodiak Island Borough has adopted KISC Title I (Zoning) In
!22 o1cfmrdanoe with AS 29.40 to imple erg the Kodiak Island Borough Comprehensive Plan;
�23 &ard
24
25 WHEREAS, KIIBC 11;("2,05.010 la es that u-Whoneveu' the public necessity,
26 convaWksvice, gervairat Nyelfaro r1ir gorxf, winirwirt Imirlkw requwas, the assiorrflAy rinay, by
27 orrflnaiince aild afler
by the cm iig%jorw airrd IpuullAt hearing as Tequ€rnd by
28 law, rnodly, relpeall Dr otherwise choinge Ilha so marry,, and tha
211, boundoiIesoi flie d0fti�%"',wnrq
30
1111 W11-1 IR111 AS, The,iraimml[armounced ck.rsuvia ir.)f jacs son`s Its dbilla IHolrne Park immairli la
ca 'A
.I.! A,S:.M ID3 22:5 la�(4)vofl vasult in mmily 11W.r la'10[lias bakiig liorced In grf.1111D lj[..��1,",j
'14
WHEREA.5, Man' rg hin minbre 112ssrunes tun,q1unsr01r1 MY il0i 1.10 Obig in be rj-poviad iduo,, ja
35 s:ge,,strw3luall uxxtdion,N:)ir rpoddicaIlinru$oupir Vrrm„and
36
3'7 WHIE-AI ENS, R:&C'rjr%r PrAbfff:,,commants inDied that sorne rnobilo Ihore wmers ginny ineed a
18 illivinirwrnry locauorw Iristare.Whr4 irmobile hornet uirwhi a parvivariarrill loca'Voin b lound;and
39
40 %NHIEREAS, 'r IjLjro anlu,v 11,;e Spam FivaHablo ocr pulb1fiCJY DMIled Ilalnscd that is zoned PL
411 Pub 0i.'11se Lands toaccornrinodrile twirgy."rairy storage or 117w1biw Ihorness rt lho P11.zarriliv
421 roglulatans immortfaclsiuch slnraga'„,and
43
44 VRIIEREAS,
»t".1 hro Imes dielp4cad rAirsusin't to AS 34 03 2:25 to Ilse h"p.worriy P.iloivod in 11ho PL zoning
46 and
47
422 WHEREAS, The Ipualwllcc rns^cessill,7 arjrg 1lrtrwt rrsl wrslitare ol'tire coirnirniu6ly awy lair befiev
49 served lay airnendirn the code to allow%61rnjrXX-J1rY 510121IlG tal uniolIA110 hmes rasher than
510 requI6519 sliricrl Rdiwraince to exishing:zonling and
5
.................................................. ........................................................................ .....
Krwmak Wand Llorwgit,Maska OnfterwPaNim FY2015�XX
rlvll�p I of 2
Page 10 of ISO
Chapter 17.130 KIBC Public Use Lands District
Page 56 of 107
Ordinance No. FY2016-03 Amending Title 17 Zoning, Chapter 17...
AGENDA ITEM O.D.
AGENDA ITEM#4.b.
H WHIElr1tlIZAS1, "1 h a neu'mddrnermt,e Ilo 117 17 13B I01BC IwlJbIlic thm,Lards of"II"II'lfe
53 17%V01 dau comil:aGiislln 04iB sU*eu:d Fulbfi„ineed,Bind
5gj
di:H WHEREAS, Time IfIfarrnirrprng and 7vmling iCornirrallsxdeur IfneW K 'worta atmma,ltans I aa;paamcW
S7 adau p e'ditn, I rmw�irro,um the p iruzl:x,aa�eut�d''%ange,a to Gri"'4p lI er'1"f,140 II�apIBC m;nmv�luu4r 8,2015 and
SG
15,,2015;and
56
59 hHt61I•HE'IfHEAS;r Td"e 1'nra of retp and s curnhq Q:iinerruiisrIionl'sat ua'epmema hinia fear lnuut l$I:injjtno•ut and
610, u.diismmeilovi all aa'1ntt„dm'wairk', sllrum,„soma
6
2 W11-S '�eA p'H�uH�H he P 'dine S�'mad rd Zrurr i n��5 t',.ut�aluni'�ssiorn iNna d e I�oa.b to him ating mint Jium y 15w,
63 ,. .,u�, The �'n16anlCngll'II 6Nma
15ry ,21415 Eu'Hrlfna° hearing, voted to traarnarm h tllnear
& rwo mrrmm ndial'V"saa'n'u fear aaevWrtnle to Chelp per 17 1,40 K118CAttl tfnma Soho u,gh Assemtmlbily and
66 'WHEREAS,. Aae Hyaid mall illoepii lo adopt the u'iu'arpumivaurnu to CHnrupnt�er 17 110
6'7 KIIF3G the p:4 aunning and Zoning CornmIlsailiort adcjrt^xH FGuromHiirluEna of Fact,abIlch are e'dta ii:th a l
69 herce!ste u:as 1:t'xhill d IS;and
6u'W
70 NOW,111411ifltl'EF01HE,BE IT ORDAINED Ifd'W"T'1HIE AlSSIf..11MID1,,,`d°OF,IUICE I110DIAR pSll„A,NH„T
"71 11011t;HOild'OII1 t1me1.
72.
73 Sertf�elrm'1¢' TINS r„wrul.ro nice Is of ua IWenier p and p:aemrumlermr,,ent irlmataure i in d whafl becune e
74 pa rt raf'the ID( dbk Ilru9aarnmt 1lerma qh Cmaxd¢m of il.Ara iriaanirae,'„
5
76 „$raiC'GI iri 2u "Mr.a amrpeirdirnerots to if`tnFpUtaAr IT 131D KIIIC1C^are waft r od uaau Exhlbilt A.
D.,f
78 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOIftO't1O11
78 THIS„ DAY OF 2015
so
811.
K2 KODIAK ISLAND E93R(.")d1CH1
8.1
84
85
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Page 11 of 150
Chapter 17,130 KIBC Public Use Lands District
Page 57 of 107
Ordinance No. FY2016-03 Amending Title 17 Zoning, Chapter 17...
AGENDA ITEM O.D.
AGENDA ITEM#4.b.
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8 flopruilhilhilt urm,skIle nCIM,coininairciall and Inckistr14,ilt Usvd Rim's andionq wlh�ertise,*V the 114111mij which
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Page 12 of ISO
Chapter 17130 KIBC Public Use Lands District
Page 58 of 107
Ordinance No. FY2016-03 Amending Title 17 Zoning, Chapter 17...
AGENDA ITEM M.D.
AGENDA ITEM#4.b.
P U01111[y lChillill 1113480 52,2903 FoinirrimidV§11,33 13,201
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A'S feet.
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Page 13 of 150
Chapter 17.130 KIBC Public Use Lands District
Page 59 of 107
Ordinance No. FY2016-03 Amending Title 17 Zoning, Chapter 17...
............. ..............
AGENDA ITEM O.E.
KODIAK ISLAND BOROUGH
AGENDA STATEMENT
I
JULY 30, 2015
� ASSEMBLY SPECIAL MEETING
TITLE: Ordinance No. FY2016-04 Amending Title 17 Zoning, Chapter 17.140 Existing
Nonconforming Uses And Structures To Allow Mobile Homes Displaced Under
As 34.03.225 To Relocate Within E=xisting Nonconforming Mobile Home Parks.
ORIGINATOR: Jack Maker
FISCAL IMPACT: No FUNDS AVAILABLE:
Account Number. Amount Budgeted:
SUMMARY STATEMENT:
The announced closure of Jackson's Mobile Home Park will force mobile home owners in the
park to relocate their homes. New permanent locations for those displaced mobile homes are
currently limited.All but one of other mobile home parks in Kodiak are nonconforming land
uses and several have existing spaces that could be occupied if the nonconforming standards
of the code did not prohibit expanding nonconforming land uses.These zoning code
amendments will eliminate the regulatory hurdle that currently prevents mobile homes
displaced from Jackson's Mobile Home Park to relocate to other existing mobile home parks.
The Planning and Zoning Commission held a public hearing on these amendments at a
special meeting on July 8,2015 and a second public hearing at a regular meeting on July 15,
2015. Following the July 15,2015 public hearing,the Commission voted unanamously to
recommend that the Assembly approve an ordinance amending KIBC Title 17 Zoning,
Chapter 17.140 Existing Nonconforming Uses and Structures to allow mobile homes
displaced under AS 34.03.225 to relocate within existing nonconforming Mobile Home Parks.
RECOMMENDED MOTION:
Move to adopt Ordinance No. FY2016-04 in first reading to advance to public hearing at the
next regular meeting of the Assembly.
Kodiak Island Borough
Page 60 of 107
Ordinance No. FY2016-04 Amending Title 17 Zoning, Chapter 17...
AGENDA ITEM #3.E.
introduced by: Borough Ansernbly
I Requested by Borough Assembiy I
2 Planning and Zoning Commission
Drafted by: Community Development Depanlrnenl
3 Introduced: 0713042015
4 Public Hearing:
5 Adopted:
6 KODIAK ISLAND BOROUGH
7 ORDINANCE NO. FY2016-04
8
9 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND
10 BOROUGH AMENDING KODIAK ISLAND BOROUGH CODE OF
II ORDINANCES TITLE 17 ZONING, CHAPTER 17.940 EXIS77NG
12 NONCONFORMING USES AND STRUCTURES TO ALLOW MOBILE
13 HOMES DISPLACED UNDER ALASKA STATUTES 34.03.225 TO
14 RELOCATE WITHIN EXISTING NONCONFORMING MOBILE HOME
15 PARKS
16
17 WHEREAS, as a second class Borough, the Kodiak Island Borough excercises
18 planning, platting, and land use regulations on an area wide basis pursuant to Chapter
19 29.40 Alaska Statutes;and
20
21 WHEREAS, in accordance with AS 29.40,the Borough adopted Ordinance No.FY2008-
22 10 Kodiak Island Borough 2008 Comprehensive Plan Update on December 6, 2007
23 replacing the 1968 Comprehensive Plan;and
24
25 WHEREAS, the Kodiak Island Borough has adopted KIBC Title 17 Zoning in accordance
26 with AS 29.40 to implement the Kodiak Island Borough Comprehensive Plan;and
27
28 WHEREAS, KIBC 17.205.010 provides that "Whenever the public necessity,
29 convenience, general welfare or good zoning practice requires, the assembly may, by
30 ordinance and after report thereon by the commission and public hearing as required by
31 law, amend, supplement, modify, repeal or otherwise change these regulations and the
32 boundaries of the districts;'and
33
34 WHEREAS, the recent announced closure of Jackson's Mobile Home Park pursuant to
35 AS 34 03.225(a)(4)will result in nearly 100 families being forced to relocate;and
36
37 WHEREAS, many of the mobile homes In question may not be able to be moved due to
38 age,structural condition,or modifications overtime;and
39
40 WHEREAS, no other existing mobile homes parks In Kodiak currently have approval for
41 additional spaces to be added to those parks;and
42
43 WHEREAS, most existing mobile home parks are nonconforming land uses and
44 expansion of nonconforming land uses Is not permitted under KIBC Chapter 17.140
45 Existing Nonconforming Uses and Stnictures;and
Kodiak Island Borough,Alaska Ordinance No FY2016-04
Page 1 of 7
Page 61 of 107
Ordinance No. FY2016-04 Amending Title 17 Zoning, Chapter 17...
AGENDA ITEM M.E.
46 WHEREAS, there may be space available in existing nonconforming mobile home parks
47 to accommodate additional mobile homes if the zoning regulations permitted such
48 expansion;and
49
50 WHEREAS, the Borough desires to relax the regulatory requirements to permit mobile
51 homes displaced pursuant to AS 34.03.225 to relocate to existing mobile home parks:and
52
53 WHEREAS, the Borough recognizes that In doing so, certain zoning standards for
54 mobile horse parks(will or may not be met);and
55
56 WHEREAS, the public necessity and general welfare of the community may be better
57 served by amending the code to allow mobile homes to be relocated rather than requiring
58 strict adherence to existing zoning requirements for mobile home parks;and
59
60 WHEREAS, amending KIBC Chapter Title 17 Zoning, 17.140 Existing Nonconforming
61 Uses and Structures will accomplish the staled public need;and
62
63 WHEREAS, the Planning and Zoning Commission held a special work session to review
64 the proposed changes to KIBC Chapter 17.140 on July 1,2015;and
65
66 WHEREAS, the Commission set aside time for public Input and discussion at the work
67 session;and
68
69 WHEREAS, the Commission held a public hearing at a special meeting on July 8,2015
70 and a second public hearing at a regular meeting on July 15,2015 and following the July
71 15, 2015 public hearing, voted to transmit its recommendations for revisions to KIBC
72 Chapter 17.140 to the Borough Assembly;and
73
74 WHEREAS, as part of Its recommendation to adopt the revisions to KIBC Chapter
75 17.140,the Commission adopted Findings of Fact,which are attached hereto as Exhibit A;
76 and
77
78 NOW,THEREFORE,BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND
79 BOROUGH ghat:
80
81 Section 1. This ordinance Is of a general and permanent nature and shall become a
82 part of the Kodiak Island Borough Code of Ordinances;
83
84 Section 2: Title 17 Zoning, Chapter 17.140 Existing Nonconforming Uses and
85 Structures is hereby amended as follows:
86
87
88
Kodiak Island Borough,Alaska Ordinance No.FY201 6-04
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AGENDA ITEM #3.E.
89 Chapter 17.140
90 EXISTING NONCONFORMING USES AND STRUCTURES
91 Sections:
92 17.140.010 Explanation.
93 17.140.020 Intent.
94 17.140.030 Nonconforming lots of record.
95 17.140.040 Nonconforming structures.
96 17.140.050 Nonconforming uses of structures and land.
97 17.140.060 Parking.
98 17.140.070 Prior construction.
99 17.140.080 Exception—Junkyards.
100 17„140.0115 Exceptions—Relocation of motaile toornes displaced by a change
101 of(land use.
102 17.140.090 Exceptions.
103 17.140.100 Definitions.
104
105 17.140.010 Explanation.
106 When a lot, structure or use legally exists prior to the adoption of an ordinance
107 codified in this title, but does not meet the requirements of this title, it shall be
108 permitted to continue within the limits set forth in this chapter under
109 'nonconforming'status.There are three types of nonconforming status:
I10 A. Nonconforming Lots. The lot width or area is smaller than the minimum
111 permitted in the land use district in which it is located;
I12 B. Nonconforming Structures. The structure is designed to accommodate a
113 nonconforming use or fails to meet yard, height or other development requirements
114 established for the land use district in which it is located;and
115 C. Nonconforming Uses.The use to which land and/or structures is being put is not
116 a permitted or conditional use in the land use district in which it is located.
117
118 17.140.020 Intent.
119 It Is the intent of this chapter to permit these nonconformities to continue until they
120 are eliminated. Nonconforming uses are generally incompatible with conforming
121 uses. Nonconforming nonresidential uses are especially incompatible with
122 permitted uses in residential zoning districts.
123
124 17.140.030 Nonconforming lots of record.
125 A nonconforming lot in any zoning district can be developed as permitted;
126 provided, that it can be demonstrated that all other current zoning district
127 requirements such as setbacks and parking can be met. Nothing in this title shall
128 be construed to prohibit the creation of nonconforming lots which are federally
129 mandated.
Kodiak Island Borough,Alaska Ordinance No.FY2016-04
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AGENDA ITEM O.E.
130
131 17.140.040 Nonconforming structures.
132 A.Any legal structure existing at the effective date of adoption or amendment of
133 the ordinances codified in this title that could not be built under the existing terms
134 of this title by reason of restrictions on area, lot coverage, height,yards, deficiency
135 of required parking, or other characteristics of the structure or its location on the lot
136 may be continued so long as it remains otherwise legal.
137 S. Ordinary repairs, including the repair or replacement of walls, doors, windows,
138 roof,fixtures,wiring, and plumbing,may be made to nonconforming structures.
139 C. Nonconforming residential structures may be enlarged or expanded; provided,
140 that there are no other residential structures located on the property, no portion of
141 the structure extends over any lot line, and all other building, fire and zoning
142 requirements are met. Any encroachment into required setbacks exceeding the
143 original building footprint shall be permitted only by the grant of a variance under
144 Chapter 17.195 KIBC.
145 D. Should a nonconforming structure be destroyed, it shall not be reconstructed
146 except in conformity with the regulations of this title. Destruction does not include
147 deterioration through ordinary neglect.
148
149 17.140.050 Nonconforming uses of structures and land.
150 A.A legal use of a structure, land, or of a structure and land in combination,
151 existing at the effective date of adoption or amendment of the ordinances codified
152 in this title, may be continued so long as it remains otherwise legal.
153 B. Structures containing nonconforming residential uses, located in a
154 nonresidential zoning district, may be expanded as long as the entire structure
155 meets,at a minimum,the parking and building code requirements for office or retail
156 use.
157 C. Structures containing nonconforming residential uses, located in a residential
158 zoning district, may only be expanded if the nonconforming use of the structure is
159 eliminated.
160 D. Structures containing nonconforming nonresidential uses may not be expanded.
161 E.Ordinary repairs including the repair or replacement of walls, doors, windows,
162 roof, fixtures, wiring, and plumbing may be made to structures containing
163 nonconforming residential uses.
164 F.Ordinary maintenance including the repair of walls, doors, windows, roof,
165 fixtures, wiring, and plumbing may be made to structures containing
166 nonconforming nonresidential uses.
167 G.When the nonconforming use of a structure, land, or structure and land in
168 combination, is voluntarily discontinued or abandoned for one year or more, the
169 structure, or structure and land in combination, shall not thereafter be used except
170 in conformance with the regulations of the district in which it is located. Where
Kodiak Island Borough,Alaska Ordinance No.FY2018-04
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AGENDA ITEM O.E.
171 nonconforming use status applies to a structure and land in combination, removal
172 or destruction of the structure shall extinguish the nonconforming use of the land.
173
I74 17.140.060 Parking.
I75 A.A nonconforming residential structure may be enlarged or expanded without
176 requiring additional parking under Chapter 17.175 KIBC, as long as the number of
177 dwelling units in the structure is not increased.
178 B.A nonconforming nonresidential structure may be changed to another legal use
179 without requiring additional parking under Chapter 17.175 KIBC as long as the new
180 use of the structure requires no more parking spaces than the previous
181 nonconforming use.
182
183 17.140.070 Prior construction.
184 Nothing in this chapter requires a change in the plans, construction, or designated
185 use of any building on which actual construction was legally begun prior to the
186 effective date of adoption or amendment of the ordinances codified in this title and
187 upon which actual building construction has been diligently carried on.
188
189 17.140.080 Exception—Junkyards.
190 Junkyards.as defined in Chapter 17.25 KIBC„,located in any district other than an 1
191 industrial district, are a public nuisance and are not entitled to the protective
192 provisions of this chapter,
193
194 17.140.085 Exception—Relocation of mobile homes displaced by a change of
195 land use.
I96 A. The provisions of this chapter with respect to nonconforming (land uses
197 shall unot apply to mobile homes that must vacate mobile (home parks
198 resulting from a clharnge of land use and notices issued under AS 4„03.225,
199 when those mobile homes will The relocated to another existing
200 nonconforming irnobile home park.
201 B. (Mobile homes relocated under this exception shall meet the following
202 requirements,
203 1. Zoning compliance for the new location-,
204 2. Any required building„ ellectrfcal, and plumbing permits must be
205 obtained;
206 1 Mobile homes to The relocated utilizing this exception must be current
207 on Borough reap and(personal property taxes-,
208 4, A 5” .setback to any external property pines shall The maintained sun the
209 new location-,
210 5. Minimum separation requirements from adjacent structures or mobile
211 homes,as determined by the building official;and
Kodiak Island Borough,Alaska Ordinance No,F'Y2016-04
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212 6. Approved utility connections.
213 C. This exception tapes effect upon adoption and shall sunset on December
214 31,20%
215
2I6 97.140.090 Exceptions.
217 When a lot, structure„ or use was authorized by the provisions of former Chapter
218 17.65 KIBC concerning an application for an exception, but which does not meet
219 the current requirements of this title, it shall be considered to have nonconforming
220 status and be permitted to continue within the limits set forth in this chapter.
221
222 17.140.100 Definitions.
223 For purposes of this chapter„ the following zoning districts are considered
224 residential zoning districts
225 WH—Wildlife Habitat District(Chapter 17,40 KIBC);
226 C—Conservation District(Chapter 17.50 KIB%,
227 RD—Rural Development District(Chapter 17.55 KIBC)„
228 RR2—Rural Residential Two District(Chapter 17.60 KIBC);
229 RR—Rural Residential District(Chapter 17.65 KIBC)
230 RR1—Rural Residential One District(Chapter 17,70 KIBC);
231 R1 —Single-Family Residential District(Chapter 17,75 KIBC)w
232 R2—Two-Family Residential District(Chapter 17.80 KIBC);
233 R3—Multifamily Residential District(Chapter 17.85 KIBC).
234 For purposes of this chapter all other zoning districts are considered to be
235 nonresidential zoning districts.
236
237 Section 3:This ordinance will take effect upon adoption.
238
239 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
240 THIS DAY OF 2015
241
242 KODIAK ISLAND BOROUGH
243
244
245
246 Jerrol Friend,Borough Mayor
247
248 ATTEST.
249
250
251
252 Nova M.Javier,MMC,Borough Cleric
253
Kodiak Island Borough,Alaska Ordinance No.FY2016-04
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AGENDA ITEM #3.E
254 EXHIBIT A
255 Planning and Zoning Commission adopted Findings of Fact for Kodiak Island Borough
256 Ordinance No.FY2016-04.
257 FINDINGS OF FACT(KIBC17.205.020)
258 1. The amendments to KIBC Chapter 17.140 Existing Nonconforming Uses and
259 Structures will eliminate a regulatory hurdle that currently prevents mobile
260 homes displaced from Jackson's Mobile Home Park to relocate to other
261 existing mobile home parks.
262 2. All but one of other mobile home parks in Kodiak are nonconforming land uses
263 and several have existing spaces that could be occupied If the nonconforming
264 standards of the code did not prohibit expanding nonconforming land uses.
265 3. There Is a lack of readily available land that Is designated for any new mobile
266 home park.
267 4. The amendments to Chapter 17.140 Existing Nonconforming Uses and
268 Structures are consistent with the Comprehensive Plan Goals and Polices
269 related to housing and specifically,affordable housing.
270 5. The Planning and Zoning Commission recommends approval of the
271 amendments to Chapter 17.140 KIBC.
Kodiak Island Borough,Alaska Ordinance No, FY2018-04
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AGENDA ITEM .
PUBLIC HEARING REM 7-F AND 7-G
P 8 Z REGULAR MEETING JULY 15,2015
Kodialk
Community Development Department
710 Mill Bay Road
Kodiak,Alaska 99615
a. Phone(907) 48&9363 Fax(907)486-9396
www.kodiakak.us
Bate: July 9,2015
To: Planning and Zoning Commission
From: Robert H.Pederson,AICP-Director
RE: Updated Staff Report and Recommendations-July 8,2015 Special Public Hearing&
July 15„2015 Public Hearing Code Changes Addressing Mobile Home Issues
At the July a special public hearing, the Commission held a public hearing on the first
three changes to Borough Code related to mobile home issues resulting from the
announced closure of Jacksons Mobile Home Park.Those code chapters are:
Chapter 17.140 KIBC—Nonconforming Uses and Structures;
Chapter 17.130 KIBC—Public Use Lands District;and
Chapter 17.50 KIBC—Conservation District.
Following the public hearing, the Commission postponed the public hearing to July 15
2015.There has been one change to the findings of fact for each ordinance„ addressing
the public comment about the lack of land designated for mobile home parks.
Chapter 17.140-Nonconforming Land Uses and Structures
As discussed in the June 0 staff memo, one impediment to relocating mobile homes
from Jacksons to other existing mobile home parks is the status of those parks(except
Rasmussen's)as"grandfathered"(i.e., legal nonconforming)land uses.
Attached is a proposed amendment to the nonconforming requirements of the zoning
code that addresses this issue-The proposed code changes include the clarifying
language discussed at the July 151 special work session. If adopted, mobile homes
displaced from mobile home parks as a result of a change of land use could be
relocated to other existing mobile home parks under certain conditions regarding
permits,taxes,and meeting minimum life safety requirements(i.e., separation of
structures)in case of fire.
Chapter 17.130-Temporary storage of mobile homes in the PL zoning district
The June 41`staff memo to P&Z noted that outdoor storage is currently allowed in four
zoning districts(B-Business, RB-Retail Business, I-Industrial,,,and LI-Light Industrial)
and that there has been discussion about permitting temporary storage on publicly
owned land. Most Borough owned land around town is zoned PL-Public Lands.Other
Borough parcels are zoned Natural Use,Watershed,Conservation, Industrial,or R-2.
Amendments to KIBC CAiapfovA 17 148,17.50,and 17 130
Page 68 of 107
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P A z.REGULAR MEETING„JULY 15.2015
During the July 1".special work session,there was discussion regarding temporary
storage of mobile homes in the C-Conservation zoning district, in addition to the PL
zoning district.This provision has been added to the ordinance for your public hearing
an July 8th. If adopted,mobile homes could be stored in the C and PL zoning districts
subject to any conditions imposed by the underlying property owner, such as length of
time, insurance,security,screening, etc.The code changes also include a sunset
provision that allows temporary storage until December 31,2018.
Applicable Regulations
KIBC 17,205.010 Authority.
Whenever the public necessity, convenience, general welfare or good zoning practice
requires,the assembly may,by ordinance and after report thereon by the commission
and public hearing as required by law,amend,supplement, modify, repeal or otherwise
change these regulations and the boundaries of the districts.
KIBC_17.205.020_Rel2ort_from planning and zoning commission.
The commission shall report in writing to the assembly on any proposed change or
amendment regardless of the manner in which such change is initiated and such report
shall find:
A. Findings as to need and justification for a change or amendments;,
B. Findings as to the effect a change or amendment would have on the objectives of the
comprehensive plan;and
C. Recommendations as to the approval or disapproval of the change or amendment.
KIBC 17.205.060 Hearing determination.
The assembly shall consider an application or commission recommendation for change
in the boundary of a district or any other commission recommendation proposing a
change in this title, and the report of the commission at its next regular meeting after
receipt of such report. If,from the facts presented and by the findings of the report of the
commission, it is determined that the public necessity,convenience,general welfare
and good zoning practice requires the change or amendment of any portion thereof,the
assembly by ordinance shall effect such amendment, supplement,change or
reclassification.
Staff Recommendation
Staff recommends that the Commission forward the proposed code amendments to the
Borough Assembly with a recommendation for approval.
Recommended Motions&Findings of Fact
1)Chapter 17.140 KIBC
Move to recommend the Assembly of the Kodiak Island Borough approve the ordinance
amending Chapter 17.140 KIBC(Existing Nonconforming Uses and Structures)to allow
mobile homes displaced under AS 34.03.225 to relocate within existing nonconforming
Amendments to IOBC Chaplws 17.140,17.50,and 17.130
Page 69 of 107
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I E.
PUBLIC NEARING ITEM 7•F AND 7-G
P&Z REGULAR MEETING:JULY 15,2045
Mobile Home Parks„ and to adopt the finding of fact in the July 3, 2415 staff report as
findings of fact for this code amendment.
Findings of Fad
1.. The amendments to Chapter 17.140 KIBC will eliminate a regulatory hurdle that
currently prevents mobile homes displaced from Jackson's Mobile Home Park to
relocate to other existing mobile home parks.
2, Ali% but one of other mobile home parks in Kodiak are nonconforming land uses
and several have existing spaces that could be occupied if the nonconforming
standards of the code did not prohibit expanding nonconforming land uses.
3. There is a lack of readily available land that is designated for any new mobile
home park.
4, The amendments to Chapter 17.140 are consistent with the Comprehensive Plan
Goals and Polices related to housing and specifically,affordable housing.
5. The Planning and Zoning Commission recommends approval of the amendments
to Chapter 17,140 KIBC.
2)Chapters 17.50 and 17.130 KIBC
Move to recommend the Assembly of the Kodiak Island Borough approve the ordinance
amending Chapters 17,50 KIBC (C-Conservation District) and 17..130 KIBC (PL-Public
Use Lands) to allow the temporary storage of mobile homes displaced under AS
34.03.225 to be stored on sites zoned C-Conservation and PL-Public Use Lands, and
to adopt the finding of fact in the July 3„2015 staff report as findings of fact for this code
amendment.
Findings of Fact
1. The announced closure of Jackson's Mobile Home Park will force mobile home
owners in the park to relocate their homes. Since there are limited locations for
displaced mobile homes to relocate to,there may be a need for temporary storage of
mobile homes until the owners are able to secure a permanent location.
2. There is a lack of readily available land that is designated for any new mobile
home park.
3. Currently, outdoor storage is only allowed in the business and industrial zoning
districts. The zoning code amendments will now allow the temporary storage of
displaced mobile homes in the C- Conservation and PL-Public Use Lands zoning
districts.
Amendmenu to KIBC Chopim 17 140.17 50,end 17 130
Page 70 of 107
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AGENDA ITEM M.E.
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P A Z REGULAR MEETING,JULY 15,2015
4. The proposed amendments to Chapters 17.50 and 17.130 KIBC are consistent
with Comprehensive Plan Goals and Polices related to affordable housing.
5, The Planning and Zoning Commission recommends approval of the code
amendments.
Ammodmmnks to KIBC C1uapWa'07.140,.17 50„wW 1'7.130
Page 71 of 107
Ordinance No. FY2016-04 Amending Title 17 Zoning, Chapter 17...
AGENDA ITEM O.E.
PURUC HEARING IT 7•F AND 7-G
F 6 2 REGULAR MEETING.JULY 15,2015
Introduced by. Name
ReWifiedW BorMh A5s5
I &PdZ
2
Drafted bT CM
hilroduosd 015
3 Public Hearing
4 Adopted
5 KO IAK ISLAND BOROUGH
6 ORDINANCE NC, FY2016-XX
7
6 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
9 AMENDING CHAPTER 17,140 KIBC(EXISTING NONCONFORMING IN USES AND
10 STRUCTURES)TO ALLOW MOBILE HOMES DISPLACED UNDER AS 34113.225 TO
I 1 RELOCATE WITHIN EXISTING NONCONFORMING MOBILE HOME PARRS
12
13 WHEREAS, As a second class Borough, the Kodiak Island Borough excerdses
14 planning, platting, and land use regulations an an area wide basis pursuant to Chapter
15 29.401 Alaska Statutes;and
16
17 WHEREAS, In accordance with AS 29x40®the Kodiak Island Borough adapted the 21XIB
16 Comprehensive Plan update on December 6,20D7(Ordinance Nim 2 10)to replace
19 the 1 96B Comprehensive Plan;and
20
21 WHEREAS, The Kodiak Island Borough has adopted KIBC Tolle 17 (Zoning) in
22 accordance ith AS 29.40 to Implement the Kodiak Island Borough Comprehensive Plan;
23 and
24
25 WHEREAS, KIBC 17.205.010 provides that 'Whenever the public necessity.
26 convenience, general welfare or good zoning practice requires, the assembly may, by
27 ordinance and after report thereon by the commission and public hearing as required by
26 law. amend,supplement, modify, repeat or otherwise change these regulations and the
29 boundaries of the distr iW and
30
31 WHEREAS, The recent announced dosure of Jackson's Mobile Home Park pursuant to
32 AS 34.03.225(a)(4)WH result In nearly 1100 families being forced to relocate,and
33
34 WHEREAS, Many of the mobile homes in question may not be able to be proved due to
35 age,structural conditlon,or modifications over time.and
36
37 WHEREAS, No other existing mobile homes parks in Kodiak currently have approval for
36 addidtonal spaces to be added to those parks-,and
39
40 WHEREAS, Most existing mobile home parks are nonconforming land uses and
41 expansion of nonconforming land uses Is not permitted under Chapter 17.140 KIBC
42 (No nfo ides);and
43
44 WHEREAS, There may be space available In existing monconfouning mobile home
45 parks to accomitnadate additional mobile homes If the zoning regulations permitted such
46 expansion,and
47
48 WHEREAS, The Borough desires to relax the regulatory requirements to permit mobile
49 homes displaced pursuant to AS 34,03.225 to relocate to existIng mobile home parks:and
50
51 WHEREAS, The Borough recognizes that In doing so, certain zoning standards for
52 rrrabite home parks(vdil or may not be met),and
Kodiak Islam Borough,Alaska Ordinance No.FY201&XX
Page 1 of 2
Ara is to FJ d as 171At,17.50,wW 17130
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AGENDA ITEM O.E.
PUBUC HEARING ING IT 7-P AND 7.0
P&Z REGULAR MEETIM JULY 15,2015
53
54 WHEREAS, The public necessity and general welfare of the community may be better
55 served by amending t cads to allow mobile homes to be relocated raker than requiring
56 strict adherence to existing zoning requirements for mobile home parks;and
57
WHEREAS, Amending Chapter 17.140 KIBC (Existing Nonconforming Uses and
59 Structures)of Thle 17 will accomplish the stated public need;and
61 WHEREAS,The Planning and Zoning Commission held a special work session to review
62 the proposed changes to Chapter 17,140 KISC on July 1,2015;and
63
WHEREAS, The Planning and Zoning Commission set aside time for public input and
65 discussion at the work session;and
67 WHEREAS, The Planning and Zoning Commission held a special public hearing on July
68 10 2015 and a public hearing on July 8,2015 and following July 8.2015 public hearing,
9 voted to transmit their recommendations for revisions to Chapter 17,140 KIBC to the
70 Borough ;and
71
72 WHEREAS, As part of their recommendation to adopt the revisions to Chapter 17140
73 KIBC,the Planning and Zoalng Commission adopted Findings of Fact which are attached
74 hereto as Exhibit A;and
75
76 NOW,THEREFORE,BE IT ORDAINED ASSEMBLY DIRK ISLAND
77 BOROUGH that
7
79 Section 1: This ordinance is or a general and permanent nature and shag become a
so part of e Kodiak Island or a of Ordinances;
at
82 Section 2m The amendments to Chapter 17.144 KIBC are attached as Exhibit A,
93
64 ADOPTED BY THE ASSEMBLY F THE KODIAK ISLAND BOROUGH
55 THIS DAY OF 2015
86
57
53 KODIAK ISLAND BOROUGH
59
90
91
92 Jerrol Friend, ro or
3
94 ATTEST:
95
9
7
98 Nova M.Javier®MMC,Borough Clerk
100
Kodiak Island Borough,Alaska Ordinance No. 016- X
Page 2 of 2
Ammmimards to YJSC ChaptenI 17.140„17.50„and 17 134
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AGENDA ITEM M.E.
PUBUC HEArtING ITEM 7•F AND 7-13
P S Z RFGtPLAR MEETING JULY 15,2015
Chapter V.1140
MKONG 1140PICONFORM11IMS USES AND STRU111'.TURIES
Secdanv
Explamlon.,
jZj_4_0-_Q_2,2 Intent.
1.1;4 Al I'loinconformIng lots of wovd,
-140.Q40 Monii:oinforWnIs stwdun m.
NUenCrD140rtml IN11r ures of skvuctures and land.
,11.7:I. 0 Pmklng.
17 14M070 Prior constinixtion.
17.140,080 Excep�kxo—Juinkya rds..
ji�140.0�! Eg.p Ics d.5 LA.Ied bLa�II°hr. gf n.o
1.7.140.040 ENCeIPUMS.
rL14Q-'_WM Deflinidans.
37,1140,1110 EXPW'112tlori„
When a lot,%tructwe of use legaIly pWsts prior to the adopflon of am airdinaince codroed Ern this title,blIA
daes not meet five Irel iuuirernernts of 0-0s fide,it shall be pennitted to ciDnUnwe YAW die Hmks set ford-i
Iii-i lhls chapter under"nom:onforn-drig'status.1rhere are threw types of nonconformh%qlatus:
A.NOWIDI'dorinning Lots.The Ut v4dith ear arealis sintidler Whan the rrdMmum perrnitted in the la-d use.
district in whkfii It Is lixRteA
13.140ncarifnrmilne Structures.Ilm struchwe R-designed to accommodate a noffIcorkunning wSe or faIls to
ii-neet yard,helight,or other developrnern requkerrmna established for the Wrid use district ire whlrl-ii it Is
In acted, and
C.Noixianfcwming Uses."Me use to✓hldi land aind/orstrixtuiresis being put is not a 1C,eirmIned o ir
condhWW use lin the land J..se dstrict In whIch it Is looled lRepealed and reenacted by Ord.97-1 §:2,
1997;Ord.82-45-0§1,1982.Formerly 9 1736MI51.
17,440.020 Intent.
It 6 the lnu,.v of this chapter to permft these In onconfounities to continue und they aire.elh-rainaked..
Nonai:Pii4orrr0njr
.,uses are Sm-wo•ally lricompatlible wealth conforming uses.NonconformIng nonreOdenfial
uses are espechWy inceirinpatible With pisonktied uses In residential zords!g dIsidd.s.l[Relpealed and
reenacted by Ord.97-09§2,1997,Ord.86-18-0§2,11.986„Ord.82,,,45' S2,1982 Fowedy 9:11736,0201.
17,,140.030 Nii:Pinconfovml ng IoU of recor&
A wIlconformling Ilot ki any zoning dlstda care bii!;devefnpiii.,diaw ppraflitted,prowkird,that It can be
demonstrated that all other currevit zanksE diskirld Ireq uirements such as setbacks and jwkIng can be
met,Nothing In this 60P shall Ibe constmed to prohlblit the areadon of nonconfarmIng lots YvIfth are
ftideirally mandatii,.41,lRelmalled and menacled by Ord.97-09§2,1,997,Ofd,90-04 52,1990,Ord..87-14-1)
§2,1987;Ord.82-45-0 rpl,19M,Formerly 01-36D301,
Am is to WBC Chapteis 17140,17.50,and 17 130
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AGENDA ITEM #3.E.
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17.140.040 Nonconforming s ctures.
A.Any legal structure existing at the effective date of adoption or amendment of the ordinances
codified In this title that could not be built under the existing terms of this title by reason of restrictions
an area,lot coverage,height,yards,deficiency of required parking,or other characteristics of the
structure or its location on the lot may be continued so long as it remains otherwise legal.
B.Ordinary repairs,including the repair or replacement of walls,doors,windows,roof,fixtures,wiring,
and plumbing,may be made to nonconforiTing structures.
C.Nonconforming residential structures may be enlarged or expanded;provided,that there are no
other residential structures located on the property,no portion of the structure extends over any lot
line,and all other building,lire and toning requirements are met.Any encroachment into required
setbacks exceeding the original building footprint shall be permitted only by the grant of a variance
under Chapter 17195 KIBC
D.Should a nonconforming structure be destroyed,It shall not be reconstructed except In conformity
with the regulations of this title.Destruction does not include deterioration through ordinary neglect.
(Repealed and reenacted by Ord,97-09§2,1997,Ord.82 45.0§1,19®2.Formerly§17.36.0401.
17.1411,00 Nonconforming rises of structures and laird,
A.A legal use of a structure.land,or of a structure and land in combination,existing at the effective
date of adoption or amendment of the ordinances codified In this title,may be continued so long as it
remains otherwise legal.
R.Structures containing nonconforming residential uses,located in a nonresidential toning district,may
be expanded as hang as the entire structure meets,at a minimum,the parking and building code
requirements for office or retail use.
C.Structures containing nonconforming residential uses,located In a residential zoning district,may only
he expanded if the nonconforming use of the structure is eliminated,
D.Structures containing nonconforming nonresidential Lases may not be expanded.
E.Ordinary repairs Including the repair or replacement of walls,doors,windows,roof,fixtures,wiring,
and plumbing may be made to structures containing nonconforming residential uses.
F.Ordinary maintenance Including the repair of walls,doors,windows,roof,fixtures,wiring,and
plumbing may be made to structures containing nonconforming nonresidential uses.
G.When the nonconforming use of a stricture,land,or structure and land In combination,is voluntarily
discontinued or abandoned for one year or more,the structure,or structure and land In combination,
shall not thereafter be used except In conformance with the regulations of the district In which It is
located.Where nonconforming use status applies to a structure and land In combination,removal or
destruction of the structure shall extinguish the nonconforming use of the land.`Repealed and
reenacted by Ord.97®09§2,1997;Ord.62-45-0§1,1962.Formerly§17.36,4501,
17.140,060 Parking.
X A nonconforming residential structure may be enlarged or expanded without requiring additional
parking under Chapter 17.175 KI6C,as long as the dumber of dwelling units In the structure is not
Increased,
B.A nonconforming nonresidential structure may be changed to another legal use without requiring
additional parking under Chapter 17.175 KIRC as long as the new use of the structure requires no more
!s ID xauo.Cha PIM 17 M,17 5D,,wid 17.13;
Page 75 of 107
Ordinance No. FY2016-04 Amending Title 17 Zoning, Chapter 17a..
AGENDA ITEM O.E.
PUB HEARING IT T-F AND 7-G
P&Z REGULAR Mi JULY i6,2035
PaHtIng spaces IMa n the pirrvious nowmirtiorWing use.lRepi[Wed and reeinacted L.P1 lDrd.97.173§2,1997;
Ord,1µ2a 54)§1,1982.Founeriji,!1736,136(,Aj.
13410.1070 senor towlstmictlavo.
Nothing M,M thapteii,requive5 a change'hn the pIarIS,coIlstrIuMcin,or de0enated use of arty buiUdIng an
wtdch Iv..11Cua9 conflruction wivas legaHy Wpm prior io the effeaWe data off adolip0an or amendment of IAe
off.finvinmos etwIffief.]Gun this tifle aml apain whtichiactuall Wftg ElDrIstini,iWon Kim been dfl%peoOy carried
IDn.Inepealied anIJ reenacted by Qrd.97-09§2,1,997,Drd,,815.18-0§3,1986;10M.6Z 45 0§1,11.982.,
FIDME-11Y 91,736.07101,
1117140.080 Excapdon-kiinkyards.
Junkyards,as defined in Chapter 17,25 K1110 C,localed In any dhadr.t.athIll ti-ian an I 1ndustr1,,:-I11 dNtdct,arp
a IGpaub9c nuisance and are ow entifled w flihe protective 1provisions ufthis chapter.IVY IapeaIed and
Ireenaaed!hV Ord,,97-0 92,1997,Ckd.82-45-0§1,1982-FIDIMI'My§17.36M%
5 0 rmadon Of-MIM"He hwmIuu%611% Van Lejb- rharn e DVIand use.
Am Aj2!i!E W.A.1�.jre ip I- ..t D.n nc i-n formllpA�LIA,, �1�uvx-s!shal!I�nol a, I�Ito-ob�H
...... .......:.............. ..i",Il ...........2
M c l i n i..o j n j i s An(L er sLuvd
L1,d-P-rM i,M&3'2�Fw h fl an
w,Mr-hp.mii Par I
I, ft h jjggj!h,j--�A meet rhie
Wn..IrrML.t be cufffent on Borw2,ph reahand
L-A.'r".�thac auu.v einA. .iP fro.nW k nushaH he miaWaing.IJ In the new Joi.'alkinn,
5 rn n wrentstnn:.twas w,mobil homew, as delerminpid hy
,, MW .........2
............
.(..,.........1hisvil mtu-N-kesI�,ffectq 9 �i:ffi ber
.2 a.gidg Qe.;g��
..........
17,1918290 Exceptiorts.,
Wheiro a W,structure,or use was aaauRhaorha.ed by the Ipronrhsio ns of Nut near Chapter 17A5 KIBC couKernIng
art applicadion for an emIeption,but whkh does not oweet the ir.,turent it equh-virients of this'difle,lit ishi-IM
hr e rxImsidered to have no"cordornniing stimifti is and be perinnkod tci conflnix n lifl,M 11h e firnits -a forth In
khis chapter.lRepealled and mernacted by Ord.97-09§2p 1997,Ord.92.17§7,199'2..FornuuIly
§1736,0901.
17.140.11100 Definiftilons,
For purposps of fts chapter 'the fcftwing zorbing JbWch arip,considej,ed ri,,,�Mdvwitifl:zoning dlistdrts-
C Conseirvatkin District(Chapkier"ITAiQ le,1118Q
RD Rurall IC1avelo pmeint Mstrict(Chaph!!r 17.55 KiBC:
RR a-RwW ReWen fia 9 Two Distidct(Chapter 17.60 KABC);
Amendmenb to KIBC Chaptm 17.140,17.50,wW 1713x1
Page 76 of 107
Ordinance No. FY2016-04 Amending Title 17 Zoning, Chapter 17...
AGENDA ITEM O.E.
PUBLIC HEARING ITEM 7•F AND 7G
P d Z REGULAR MEETING JULY 15,2®15
RR--Rural Residential District(Chapter 17,65 KIBC';
RRl—Rural Residential One District(Chapter 17.70 KI ),
Rl—Single-Fa mily Residential District(Chapter 17.75 KI );
R2 --Two-Family Residential District{Chapter 17,84 KIBC};
R3—Multifamily Residential District(Chapter 17.85 KIBC}.
For purposes of this chapter all other zoning districts are considered to be nonresidential zoning
districts.10rd.97 92,1997.Formerly 917.36.1 ).
Amendments I®KIBC Chapters 17 140,17 50,and 17 130
Page 77 of 107
Ordinance 1 - i Title 17 Zoning, r 1 ...
AGENDA ITEM O.E.
Kodiak Island Borough
Planning&Zoning Commission
Drafty Minutes Applicable to KIB Ordinance No.FY2016-04
July 15,2015 6:30 p.m.-Assembly Chambers_
CALL TO ORDER
COMMISSIONER ARNDT called to order the July 15, 2015 regular meeting of the Planning and
Zoning Commission at 6:30 p.m.
PLEDGE OF ALLEGIANCE
COMMISSIONER ARNDT led the pledge of allegiance
ROLL CALL
Commissioners present were Jay Baldwin,Alan Schmitt,Kathy Drabek,Maria Painter,Scott Arndt,
Greg Spalinger,and Kyle Crow.
A quorum was established.
Community Development Department staff present was Director Pederson,Sheila Smith,and Jack
Maker.
APPROVAL OF AGENDA
COMMISSIONER SPALINGER MOVED to approve the July 15, 2015 Planning & Zoning
Commission agenda.
VOICE VOTE ON M077ON CARRIED UNANIMOUSLY
APPROVAL OF MINUTES
COMMISSIONER SPALINGER MOVED to approve the June 17, 2015 Planning & Zoning
Commission minutes.
VOICE VOTE ON MOTION CARRIED UNANIMOUSLY
PUBLIC HEARINGS
F) Case: Amending KIBC Chapter 17.140 (Existing Nonconforming Uses and Structures).
Request an ordinance amending Chapter 17.140 KIBC (Existing Nonconforming Uses and
Structures)to allow mobile homes displaced under AS 34.04.225 to relocate within existing
nonconforming Mobile Home Parks(KIBC 170.205.040).The applicant Is the Kodiak Island
Borough and the agent Is the Community Development Department The location is
borough-wide and the zoning varies.
Director Pederson stated you have a memo from July a addressing this and the other code
amendments for today,Also Ms.Billings that owns one of the parks on Spruce Cape wrote a letter
that Is added to your packet.The packet reflects the changes talked about on July V and if
adopted this would allow mobile homes displaced from mobile home parks to relocate to the other
existing mobile home parks under certain conditions which you've reviewed.If approved tonight it
will be before the assembly for first reading on July 3CP and public hearing and adoption will be on
the e.
The motion on the floor from the July S,2015 Special Meeting is:
COMMISSIONER SCHMITT MOVED to recommend the Assembly of the Kodiak Island Borough
approve the ordinance amending Chapter 17.140 KIBC (Existing Nonconforming Uses and
Structures) to allow mobile homes displaced under AS 34.03.225 to relocate within existing
nonconforming Mobile Home Parks,and to adopt the findings of fact in the July 3,2015 staff report
as findings of fact for this code amendment.
7/15/2015 Page 1 of 2 P&Z Minutes
Page 78 of 107
Ordinance No. FY2016-04 Amending Title 17 Zoning, Chapter 17...
AGENDA ITEM M.E.
Director Pederson said we did make the change to Finding of Fact #2 where we added the
language at the end about the land designated for needed mobile home parks that was requested
to be added to the findings.That was suggested by Ms.Kidder.
COMMISSIONER PAINTER MOVED TO AMEND to read July 9,2015 instead of July 3,2015 for
the staff report.
ROLL CALL VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY
Close regular meeting&open public hearing:
Judi Kidder stated the language that she suggested that's been aftered in the ordinance about the
lack of land available for relocation of mobile homes is very important to have in there.In the future
It will become more important because it's one of the critical reasons why and it helps address the
lack of available land in Kodiak,the lack of suitable land to diversify and help with the low income
situations.
Close public hearing&open regular meeting:
FINDINGS OF FACT
1. The amendments to Chapter 17.140 KIBC will eliminate a regulatory hurdle that currently
prevents mobile homes displaced from Jackson's Mobile Home Park to relocate to other
existing mobile home parks.
2.All but one of other mobile home parks in Kodiak are nonconforming land uses and several have
existing spaces that could be occupied if the nonconforming standards of the code did not
prohibit expanding nonconforming land uses.
3.There is a lack of readily available land that Is designated for any new mobile home park.
4. The amendments to Chapter 17.140 are consistent with the Comprehensive Plan Goals and
Polices related to housing and specifically,affordable housing.
5. The Planning and Zoning Commission recommends approval of the amendments to Chapter
17.140 KIBC.
ROLL CALL VOTE ON MO77ON CARRIED UNANIMOUSLY
7/15/2015 Page 2 of 2 P&Z Minutes
Page 79 of 107
Ordinance No. FY2016-04 Amending Title 17 Zoning, Chapter 17...
AGENDA ITEM O.E.
PUBLIC HEARING ITEM 7-A AND 7B
E 6 Z SPECIAL MEETING JULY k 2015
iP
Community Kodiak Island Borough
ref #Depadment
710 Mill Bay Road
r, Kodlak,Alaska 99615
Phone(9 7)486-9363 ax(9 7)486-9396
r►.kodiakak.us
July 3.2015
To: Planning and ni
From: Robed .Pederson,AID ® .
® Staff Report and Recommendations fjufo.2015 Special Public
Mobile-Changes Addressing Issues
At their July 1st work session, the Commission scheduled a special public hearing for
July 8th to expedite consideration oft the first three changes to Borough Code related to
mobile home issues resulting from the announced closure of Jacksons Mobile Hama
Park.Those code chapters are
Chapter 17.140 I Nonconforming lases and ctures;
Chapter 17.13 l Public Use Lands District;and
Chapter 17.50 KIBC—Conservation District.
This infonnation in this memo and the attachments should be considered as building
the background Information reviously distributed to the Commission on June 4ah an
the cet materials for the July 1'i special work session.
Chapter 17.1 40-Nonconforming Land Uses and c res
As discussed in the June 41h staff memo,one impediment to relocating mobile homes
from acksons to other exisfing mobile home parks is the status of those parks(except
as u n°s)as gran athe dW(i.e.,legal nonconforming)land uses.
Attached is a proposed amendment to the nonconforming requirements of the zoning
code that addresses this issue®The proposed code changes include the clan in
language discussed at the July 1a`special work session.If adopted,mobile homes
displaced from o ile home parks as a result of a change of land use could be
relocated to other existing mobile home pars under certain conditions regarding
permits.taxes.and meeting minimum life safety requirements(!,a.,separation of
structures)In se of fire°
Chapter 17®13 -Temporary storage of mobile homes In the PIL zoning district
The June 4th staff memo to P&Z noted at outdoor storage is currently alloyed in four
zoning ist° is(B—Business, gy etail Business.I®Industrial®and Lla ig t Industrial)
and that there has been discussion about permitting temporary storage on publicly
Am Ls to VJBC Chapflers 17 140,17.5D,and 17 130
Page 80 of 7
Ordinance 1 a i ng Title 17 Zoning, t „a
AGENDA ITEM M.E.
PUBLJC HEARING ITEM 7-A AND 7-0
P&Z SPECIAL MEETING:JULY 8,2015
owned land.Most Borough owned land around to is zoned PL-Public Lands.Other
Borough parcels are zoned Natural Use,Watershed,Conservation, Industrial.or R-2.
During the July I",special work session,there was discussion regarding temporary
storage of mobile homes in the C-Conservation zoning district,in addition to the PL
zoning district.This provision has been added to the ordinance for your public hearing
on July 8th.If adopted,mobile homes could be stored in the C and PL zoning districts
subject to any conditions Imposed by the underlying property owner,such as length of
time,insurance,security,screening,etc.The code changes also include a sunset
provision that allows temporary storage until December 31,201 B
Applicable Regulaitions
KIBC 17.205.010 Agftoft
Whenever the public necessity,convenience,general welfare or good zoning practice
requires,the assembly may,by ordinance and after report thereon by the commission
and public hearing as required by law,amend,supplement,modify,repeal or otherwise
change these regulations and the boundaries of the districts.
KIBC J7.205.QZQBqRgdARMRLanni---an zonl si
The commission shall report in writing to the assembly on any proposed change or
amendment regardless of the manner in which such change is initiated and such report
shall find:
A. Findings as to need and justification for a change or amendments;
B.Findings as to the effect a change or amendment would have an the objectives of the
comprehensive plan;and
C.Recommendations as to the approval or disapproval of the change or amendment.
KIBC 17.205.060 Hearing detc rmination.
The assembly shall consider an application or commission recommendation for change
In the boundary of a district or any other commission recommendation proposing a
change in this tide.and the report of the commission at its next regular meeting after
receipt of such report.If,from the facts presented and by the findings of the report of the
commission,it is determined that the public necessity,convenience,general welfare
and good zoning practice requires the change or amendment of any portion thereof,the
assembly by ordinance shall effect such amendment,supplement,change or
reclassifi caUcin.
Staff Recommendation
Staff recommends that the Commission forward the proposed code amendments to the
Borough Assembly with a recommendation for approval.
Recommended Motions&Findings of Fact
1)Chapter 17.140 KIBC
Amftldments 10 KIBC Chapten 17 140,17 50,mW 17 130
Page 81 of 107
Ordinance No. FY2016-04 Amending it 17 Zoning, Chapter 17—
AGENDA ITEM O.E.
PUBLIC HEARING 6P 7-A AND 7•S
P&Z SPECIAL M N :JULY 8,2015
Move to recommend the Assembly of the Kodiak Island Borough approve the ordinance
amending Cha ter 17.14 l (Existing Non nfo in ses and Structures)to allow
vile homes displaced under AS 34,03,225 to relocate within existing nonconforming
Mobile Home Parks, and to adopt the finding of fact in the July 3, 2015 staff report as
findings of fact for this code amendment.
Findings of Fact
1.The amendments to Chapter 17.140 KIBC will eliminate a regulatory hurdle that
currently prevents mobile homes displaced from Jackson's Mobile Home a to
relocate to other existing mobile home parks.
2. II but one of other mobile home parks In Kodiak are nonconforming land uses
and several have existing spaces a u be occupied e nonconforming
standards of the code did not prohibit expanding nonconforming land uses.
The amendments to Chapter 17.140 are consistent with the Comprehensive Plan
Goals and Polices related to housing and specifically,affordable housin .
4.The Planning and Zoning Commission recommends approval of the amendments
to Chapter 17.140 KIBC.
Chapters 17.60 and .1 C
Move to recommend the Assembly of the Kodiak Island Borough approve t ordinance
amending ters 17.5 I BC: (C-Conservation Dislric and 17.13 I (PL-Public
Use s to allow the temporary storage of mobile homes displaced under AS
34.03,225 to be stored on sites zoned C-Conservation and Public Use Lands,and
to adopt the finding of fact in July 3,2015 staff report as findings of fact for this code
amendment.
Findings o act
1, The announced closure of Jackson's o ile Home Park will force mobile e
owners in the park to relocate their homes. Since there are limited locations for
displaced o ile homes to relocate to,there may be a need for temporary storage of
mobile homes until the owners are able to secure a permanent location.
2. Currently, outdoor storage Is only allowed In the business and Industrial zoning
districts. The zoning code amendments w`II now allow the temporary storage of
displaced bile homes in the C- Conservation and PL-Public Use Lands zoning
districts.
. The proposed amendments to Chapters 17.50 and 17.130 KIBC are consistent
with Comprehensive Ian Goals and Polices related to affordable si .
Am Ca t0 MSC Chapters 17 140,17.50,and 17 130
Page 82 of 7
Ordinance m 4 Amending Title € , Chapter 17...
AGENDA ITEM O.E.
PUBLIC HEARING ITEM 7-A AND 7.6
P&Z SPECIAL MEEnNG JULY!%2015
4. Ilia Planning and Zanlimg ornm' ssbn recommends alppr vai of the code
amendments.
Amendments to rJGC Chapters 17 140,17 50,and 17.130
Page 83 of 107
Ordinance No. FY2016-04 Amending Title 17 Zoning, Chapter 17...
AGENDA ITEM O.E.
P&Z SPECIAL QdnEMNG JULY B„2015
IntroMiced by Home
RLqmrAed by h A&, i
g &F
Drafted by, coo
2 Onboducad XMMAIS
5 KODIAK ISLAND BOROUGH
6 ORDINANCE O. 2016
7
8 AN ORDINANCE OF THE A SIE°:M811..Y OF THE KODIAAK ISLAND BOROUGH
9 AMENDING HAP •„ 17.140 KIIB (EXISTING NONCONFORMING USES A14D
10 STRUCTURES)'TO ALLOW MOBILE HOIRES DISPLACED UNDER AS 34„01225 TO
U 1 RELOCATE IN EXISTING NONCONFORMING MOBILE HOME PARK
12
13 WHEREAS, has s second cWss Borough, time Kodiak Island Borough sxcsmdsons
14 planning, Waiting,, and land use ireg utstions on an area wide basis pursuant to Chapter
15 29.A0 Alaska Statutes;arid
16
17 WHEREAS, to accordance mAth AS 211.4%the Koudlak Island Bosw&adopted the 2W8
18 Comprehensive Plan update on December 6.2007( rd'irnsnuce Nou.U-"Y2.008-1g)to replace
Ilg the 1958 Comprehensive Plan,,and
20
21 WHEREAS, 'The Kodlak Island Borough has adopted KInC rifle 17 (Zoning) in
2.2�g accordance%Mth A 29A0 fu3 irm,pfermperut the IKofttu island Borough orRnpra hernsive Plane
13 and
24
25 WHEREAS, M13C 17.205.010 prouvides that 'Whenever the public necessity,
26 convenience, general wellm or good zonlng (practice TequInes, the a,. onntmty may, by
27 ordrnsrnce and after report themon by time comrnission and piplAic hearing as required by
2B law, amend,supptament,modify, irepeal or otherwise change these regulations and the
29 boundaries of the dL*kAs;"and
30
31 WHEREAS, The recwt announced dusurau of 3a orn"s Mobile Home Park pursuant to
32 AS X01225(a)(4)WO result In rnesrty 100 families being forced to it a taw and
33
34 WHEREAS,, lawny our the mobile homes in question may not be able to the moved dine to
35 age,strauctnurai condition,our modifcal rD ms over tirrne;and
36
37 WHEREAS, INon other eidsfaung uvmoblle homes parks In Kodiak cuurrernrly have slppmvu'at for
38 sdditt naI spaces to be added to those Ipartosq and
39
40 WHEREAS, Most veuotsU ng moble harne psnk,s are noncwtfaffning land uses and
41 expansion of nonconforming land assess is moat permitted under Chapter 17.140 KIB
42 rn rnfermttniies);and
43
44 WHEREAS, "Mere may be space available in existing noncon1bFming nwhiW home
45 (parks to accommGdals additional ar oWle homes if the zarnirng regautatto ns Ipsnmuliltted such
45 expanasdorni and
47
48 WHEREAS, The Borough desires to relax the requNtwy requirements to perrnait mobile
49 homes displaced Ipumuant to AS X01225 to relocate to esistlog mobile home pooks.and
50
51 WHEREAS, The Borough recognizes that In doatng so, certain zoN ng standards far
52 mobile home parks(wilt or may not be rm t)q and
................................._.................. , .....w..................................................,.m...............................—.•...............
.
IKodWk Island Bwoogh,Alaska Ordi•a° e INN,FY2015.XX
Page 1 of 2
Ameoftents?¢VJBC CharAers n'T 140,17.50,and 17130
Page 84 of 107
Ordinance No. FY2016-04 Amending Title 17 Zoning, Chapter 17...
AGENDA ITEM #3.E.
PUB PUBUC HEARING ITEM 7-A AN 7-8
P A.Z SPECIAL NG:JULY e,2015
53
54 WHEREAS, The public necessity and general welfare of the communilty may be better
55 served by amending the e to allow mobile homes to be relocated rather than requiring
56 strict adherence to existing zoning requirements For mobile a pa ;and
7
58 WHEREAS, Amending Chapter 17„144 KIBC (EYssting Nonconforming se and
59 Structures)of Title 17 will accomplish the stated public need;and
61 WHEREAS,The Planning Zoning Commission held a special work session to review
62 the proposed changes to Chapter 17.140 KIBC on July 1,2015;and
6
WHEREAS, The Planning and Zoning Commission set aside time for is input and
discussion at the work session,and
67 WHEREAS, The Planning and Zoning Commission held a special public hearing an July
1®2015 and a public hearing on July 0,2015 and following July 5,2015 public hears
voted to transmit their recommendations For revisions to Chapter 17.140 KIBC to the
70 Borough €p;and
71
72 WHEREAS, As part of their recommendation to adopt the reviskms to Chapter 17,140
73 KIBC.the Planning and Zoning Commission adopt Findings of Fact,which are attached
74 hereto as Exhibit A;and
75
76 NOW,THEREFORE,BE IT ORDAINED B`f THE ASSEMBLY THE I ISLAND
77 BOROUGH that;
78
79 Sectionl: This ordinance Is or a general and r anent nature and shall berome a
80 part of the Kodiak Island Borough Code of Ordinances;
Of
Section 2. The amendments to Chapter 17°140 KI C are attached as Exhibit A.
83
84 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
85 THIS_DAYOF 2015
56
87
KODIAK ISLAND BOROUGH
99
91
92 Jerrol Friend, rough Mayor
93
94 ST:
9
91$ Nova M.Javier®MMC,Borough Clerk
99
100
Kodiak island or h,Alaska Ordinance No. 016-X
Page 2 of
Arnendnienis to tft6C Chaptws 17140,17 50,wcl 17 1
Page 85 of 107
Ordinance i it 17 Zoning, t 7,,.
AGENDA ITEM O.E.
PUDUC HEARING ITFM?•A AND 7�0
P Z SPECIAL MEETING JULY k 2015
Ch2ptev 17.140
EXIST1111IG NO NICONFORIPAING 11ISESS A111MMKICTURES
Sections:
Explanadf.m.
7J_4 �.U21 Went.
IZ_1_9V9_p_30 Nonconforinding lots iDf record.
Nonranforming structures.
1:7�14. 050 Hortci::mforIWrtg uses of Structures and land,
]-rA4Q--QL0 Parkin&
11,14.0.102.21 Moir construcUon.
17.14111AW Excil.Vfion-Junky-ards,
..................................
1.7.1411.1090 IE xcejf)Vans.
17.1410.100 lr.)erm6 ..
I..-...........-
17.140.010 Explarvathsn.
When a lot,stnicture ov u5e leja0y eAsts prkw W the adopitton or an owd6nance m0ried in Ws t0dis,11)ut
dirbes not meet the reqtdrements of this title,R shW11 The pe•nitted to contfirwe within 0e,WKSY-H forth
In thts chalister under"nonconi'mminep status,71-tere are three v1pes of"onconlroming staluz
A.Nanconlrarming bots,The Wi Width ararea is sinailev than th,e-mi finiffium perimitted h-E thile iiand use
dktrick tl n wNch It k 11cmAwed,
B.,d140111confovrnlrta Structures.1he strIxtuve is der4itutied to arrarriniodate a rtoncortftirmft wise ix-IWk to
rneet %III,h0ghli or od,iieir development requkements votab0shed fisir the larod use district in wNch it k
lor.aItrd;and
C.Nonconl1briAng USes.The use to which land andj1W'StVUCt1JV11'M;IS beft ipIrt N not as peraftled or
miditionai Iasm fin the land use tffsar kt In whkJ-ii ft Is tom.te&lRepeWed and reeri,acted by Ord.97-09 1,!1,
1997;Ord 824,5-0§1,1 'NI2..Fowmefl,jp 917.16.010),
27140.020 Intent.
It lis the Wtern eir,this Chapter to pernift these I-Ianconformktps to continue unfli they are elWnated.
NonconferimWIR uses are generally IncompatHAe Mth Innforming wises..NonrcInforming norwresidenfii:14
Wes are esisecURV Incoroj,,wible with peanifted uses Mara resfdentlal zonirng dftldct!;.lRelp.ealed wild
reenacted by QI&97-09§2,,1997,Ord.B6.48-0§2,2986,Ord..82-45-10§1,1902.Fo:rmed,jt 917.36.020),
17.140.,030 Plonronfe.brmIng hots of record.
A ulrsrIC0ntaarrwn n9 let in array xanft dWrict can be dew0oped as I:*Tmltted;1provided,that it can The
dernanstrated that Wi other current zoWng,WsWa irpqedrements such as setbacks and pairMnfl. can be
MeL rP'Wth fitil kil thb;IN&shall)be construed to 1probibit the creatior-I of wnimnVarmIng Ilo ts whIlch are
Federailly Irnanrdated.,[Repeakd and reenacted blip Ord.97.09§2,2RI-171 Dv&9G.04 42,IMM;Dr&R.7-14-0
92,1987;Ord,82-45-0 01,1982,IPorrnerdy§17.3660301,
Amendments to K08C Chaplers 17140,17.50,and IT 130
Page 86 of 107
Ordinance No. FY2016-04 Amending Title 17 Zoning, Chapter 17...
AGENDA ITEM #3.E.
PUBUC HEARING ITEM TA AND 7•B
P&Z SPECIAL ME SSG JULY a„2015
17.140,040 Nonconforming structures.
A.Any legal structure existing at the effective date of adoption or amendment of the ordinances
codified in this title that could not be built under the existing terms of this title by reason of restrictions
on area,lot coverage,height,yards,deficiency of required parking,or other characteristics of the
structure or its kmatlan on the lot may be continued so long as It remains otherwise legal.
B.Ordinary repairs,including the repair or replacement of walls,doors,windows,roof,fixtures,wiring,
and plumbing,may be made to nonconforming structures.
C.Nonconforming residential structures may be enlarged or expanded,provided,that there are no
other residential structures located on the property,no portion of the structure extends over any lot
line,and all rather building,fire and zoning requirements are met.Any encroachment into required
setbacks exceeding the original building footprint shall be permitted only by the grant of a variance
under Chapter 17.195 KIBC,
D,Should a nonconforming structure be destroyed,it shall not be reconstructed except in conformity
with the regulations of this title.Destruction does not Include deterioration through ordinary neglect.
[Repealed and reenacted by Ord,97-09§2,1997,Ord.82-45.0 41®1982.Formerly§17.36.0401.
17.140,050 Nonconforming uses of structures and land.
A.A legal use of a structure,land,or of a structure and land in combination,existing at the effective
date of adoption or amendment of the ordinances codified in this title,may be continued so long as it
remains otherwise legal.
b.Structures containing nonconforming residential uses,located in a nonresidential zoning district,may
be expanded as long as the entire structure meets,at a minimum,the parking and building code
requirements for office or retail ease.
C.Structures containing nonconforming residential uses,located In a residential zoning district,may only
be expanded If the nonconforming use of the structure is eliminated.
D.Structures containing nonconforming nonresidential uses may not be expanded.
L ordinary repairs Including the repair or replacement of walls,doors,windows,roof,fixtures,wiring,
and plumbing may be made to structures containing nonconforming residential uses,
F.ordinary maintenance including the repair of walls,doors,windows,roof,fixtures,wiring,and
plumbing may be made to structures containing nonconforming nonresidential uses.
G.When the nonconforming use of a structure,land,or structure and land in combination,Is voluntarily
discontinued or abandoned for one year or more,the structure,or structure and land in combination,
shall not thereafter be used except In conformance with the regulations of the district in which it Is
looted.Where nonconforming use status applies to a structure and land In combination,removal or
destruction of the structure shall extinguish the nonconforming use of the land.!Repealed and
reenacted by Ord.97-09§2,1997;Ord.62.45-0§1,1982.Formerly§17.35.050).
17.140.0 Parking.
A.A nonconforming residential structure may be enlarged or expanded without requiring additional
parking under Chapter 17.175 KIOC,as tang as the number of dwelling units in the structure is not
increased.
B.A nonconforming nonresidential structure may be changed to another legal use without requiring
additional parking under Chapter 17.175 Ki6C as long as the new use of the structure requires no more
AmendmeriOs to VJ8C ChalAm 17 140,17 and 17 1
Page 87 of 107
Ordinance No. FY2016-04 Amending Title 17 Zoning, Chapter 17...
AGENDA ITEM O.E.
PUBLIC HEARING ITFM?•A AND 7.8
P&Z SPEC;IAL MEEFING JULY%2015
parllrlNl_,pacer,than the prevlokils Use.jttepii!r;afedl and reenacted lay Drd"97-Vil§2,1.997;
Ord,,8245-0 lvl,1982,Fonnerly§17 HMO],,
17.140,07illYprior constru•1lan.
Nothhig kr dds N:1hapter requires a change In the pWrIs,constnictionj,nor designated use of any buUng on
Wch w:Iii,iial consu'ucifilon wiPai legaMy Ibegu n pi-twwrto tllw elffecillve da lie of adoption or amendmient of the
ordkwivIces ccKiffled in ti-lis w1fle and upon whkh actuai Wilding construnlion hies belt Wilgently carried
owvp Repeated and reenacted by Ord n47.09 52,1951"y1 IC,Drd, 6-18-0 93,1986;Ord.82-45-011,1 981
IrlDrMedy§17315.0710).
111,7140.080 Excialpith!m-Junkyairds,
Junkyards,-as defineii1i in(1alper:1715 KIBC,kKalied in any district lather than an I IndiastriA dislIvict,are
a IBusMic nialsaincia and arc not entifledtree ti'llp Iprotar hee proylskwils of this chIwiptec, celled and
reenacted by Ord.9'7-fn§2,lqg'ls Ord,82-45-0�1,1981,PcImierly 01736,1 801.
lw�
almolafle howingsdisnIacigA h1achame yf Darr!Ld�r
h Q-M—P 1 Hnim Ismsed
is
Ii e ex I fli
:.[�tku�noncgnforminw,
!P M!Ab8r- -m-e-s rig tinuke ArOq
1 -.r 1)
..:�...........
L,---A-nj�-rLreq'Ljked h0dinL, WL ivalanq.pjum�jjgUp� s b!.obtaline
..................."...fl
I............. aind
............
............L5 HUI k.15r. ftneE,,0W11 bej,a&.!�.ju:gj,..O MhiIt—irwla.k Lctlftnn;
I Mnkn n-I,-
d
...a........n
rp.:: t_M-t uomn—11!!
su setonDecember3l,,..2028,
..........I...............11.................................... .......................
17,140,090 Exceptions.
116phen a lot,Structu",or lase was aull4mrized lby the provisions o,f Former Chittleter 17.65 106C concerning
Iln appkation fix an excepthm,but,which does not meet the currPrairequkernents,d tints ddl:14 It shaH
be coruklered to havl!!nonennform[ng sti',nus and Ibe perry Wed conflIsue wfthln the HWba sellfarth In
this chaptilm.[RiapeATJ and revlrlacteN:11 by Ord.97-09§20 1997;113rd,1112-17§7,1992-,IForumlefl y
17440,1001 aeffrlftloni%..
r"Or PWPOWS 01f th[5 chrapter,Ow FWkwing zoning&Iarlas we conMdilj,�ed resideritial imning diarktc
WH-M.11ife Habitat DIShict(Chapter 27A0 KIBC),
jr -100nmwIlvaiflon Distirfict JlChiapter 17. IK11111Q
RD-RUM Dmvelnpment Mrict(0oaptef 17.55 K111.1Q,
RR2 Rural]ResldentlM Two Dlgtfklt�(Chipter 17.60 ICIBC'
Am Na KIBC ChaMers 17 140,17.60,am 17 130
Page 88 of 107
Ordinance No. FY2016-04 Amending Title 17 Zoning, Chapter 17...
AGENDA ITEM #3.E.
PUBLIC NEARING ITEM 7•A AND 7.9
P Is Z SPECIAL MEETING:JULY 0,2015
RR—Rural Residential District{Chapter 17.65 KIBC);
RR1—Rural Residential One District(Chapter 17.70 I );
R1—Single-Family Residential District(Chapter 17.75 KIBC);
R2 —Two-Family Residential District(Chapter 17.80 KIBCI;
R3—Multifamily Residential District{Chapter 17.85 KIBC).
For purposes of this chapter all other zoning districts are considered to be nonresidential zoning
districts,[Ord.97 §2,1997.Formerly§17.36.100].
Amendments La KIBC CKaptefs 17 140„17.50 mW 17.130
Page 89 of 107
Ordinance No. FY2016-04 Amending Title 17 Zoning, Chapter 1 ...
AGENDA ITEM O.E.
Kodiak Island Borough
Planning & Zoning Commission
Draft Minutes Applicable to KIB Ordinance No. FY2016-04
JuI t1,2015 S� q Meeting 8 30 iP m.-AssemtA Chambers
CALL TO ORDER
COMMISSIONER ARNDT called to order the July 8, 2015 special meeting of the Planning and
Zoning Commission at 6:30 p.m.
PLEDGE OF ALLEGIANCE
COMMISSIONER ARNDT led the pledge of allegiance.
ROLL CALL
Requested to be excused was Kathy Drabek.
Commissioners present were Jay Baldwin,Alan Schmitt,Marla Painter,Scott Arndt,Greg
Spalinger,and Kyle Crow.Excused was Kathy Drabek.
A quorum was established.
COMMISSIONER BALDWIN MOVED to excuse Kathy Drabek.
Community Development Department staff present was Director Bob Pederson,Jack Maker,and
Sheila Smith.
VOICE VOTE ON MOTION CARRIED UNANIMOUSLY
APPROVAL OF AGENDA
COMMISSIONER SPALINGER MOVED to approve the July 8: 2015 Planning & Zoning
Commission special meeting agenda.
VOICE VOTE ON MOTION CARRIED UNANIMOUSLY
PUBLIC HEARINGS
Limited to 3 minutes per speaker,Local number 486-3231 Toll Free number 855492-9202
A) Case: Amending KIBC Chapter 17.140 (Existing Nonconforming Uses and Structures).
Request an ordinance amending Chapter 17.140 KIBC (Existing Nonconforming Uses and
Structures)to allow mobile homes displaced under AS 34.03.225 to relocate within existing
nonconforming Mobile Home Parks(KIBC 170.205.040).The applicant Is the Kodiak Island
Borough and the agent is the Community Development Department. The location Is
Borough wide and the zoning varies.
Director Pederson stated his open hearing on all the ordinances is one time because we're liable to
have the same people speaking and just take separate motions.
COMMISSIONER ARNDT stated we'll do them separate because they are listed separate on the
agenda.
Director Pederson staled first is the amendments to Chapter 17.140. Following your work session
last week we made the edits talked about. As we pointed out this ordinance will allow mobile
homes to relocate to the other existing mobile home parks without regard to the nonconforming
use status of those parks and the conditions that we talked about are there. Most notably,
17.140D85.0 we listed that exception takes effect upon adoption and sunsets on December 31,
2018. We changed the first sentence in A as we discussed the provisions of this chapter with
7/812015 P&Z Minutes Page 1 of 2
Page 90 of 107
Ordinance No. FY2016-04 Amending Title 17 Zoning, Chapter 17...
AGENDA ITEM M.E.
respect to nonconforming land uses shall not apply to mobile homes that must vacate.Those were
the two changes we talked about to clarify the language in A and to tie down the sunset date in C.
In response to COMMISSIONER PAINTER'S inquiry if there is a current grandfather rtght.
Pederson stated it's a concept of law that a legal nonconformity as a use or structure that was
established prior to the date of the rules that are now in effect that Is not in compliance with those
rules, so a legal nonconformity, In the common term of grandfather, it has to pre-exist the date of
the rule that it no longer conforms to as established and it has to have been legally established.
In response to COMMISSIONER CROWS inquiry of are any of the nonconforming issues serious
or of great concern that granting additional mobile homes is what caused additional problems,
Pederson stated If you drive around some of the older parks some of the additions that have been
added on maybe too dose to adjoining structures so he's not prepared to say.What we focused on
In allowing the units to move into those parks was it's not likely that the land use of those parks Is
going to change any time soon, at least two or three of the parks have existing empty spaces and
they can't fill those spaces without a change to the code, and the requirements we established in
this change are to focus on the basic liWsafely element so the separation of structures determined
by the building officials who Implement the fire code and they have to have approved utility
connections and building and electrical permits. One of the key things for the building officials is
the GFI electrical outlets.
In response to COMMISSIONER PAINTER'S inquiry of does the commission want to be more
specific as to what we're changing in that code so that we know exactly what we want as far as,for
example,is it the lot space that we want wider or fire apparatus,do we need to be more specific to
the change.Pederson slated no, he doesn't believe they do,the Fire Code is Implemented by the
building officials through their permitting process and that's their responsibility, he thinks the
changes we're making are specifically set forth there and he thinks that covers it.
COMMISSIONER SCHMITT MOVED to recommend the Assembly of the Kodiak Island Borough
approve the ordinance amending Chapter 17.140 KIBC (Existing Nonconforming Uses and
Structures) to allow mobile homes displaced under AS 34.031225 to relocate within existing
nonconforming Mobile Home Parks,and to adopt the findings of fact in the July 3,2015 staff report
as findings of fact for this code amendment.
Close regular meeting&open public hearing:
Judi Kidder stated the urgency of the situation Is the clock Is going tick took. Community
Development Department has done a great job putting these ordinances together and she doesn't
have a problem with a lot of them.The homes that are going In to these parks aren't going to be in
any lists of dangerous position than they already are. Expediting this change means that we can
get possibility four to eight people out of there.The way the trailers are In there,they have to come
out in a certain order.The sooner we can start getting people out the sooner others will be able to
be moved, Even if Rasmussen's was on(ward,some people who are going in there can't even get
their trailers moved until the ones are moved out from around them. Every single day this Is
delayed for any reason Is just doing us a disservice.This Is kind of like an emergency order and
that's why this ordinance is being put in to place.We've wanted to move since we received notice
but because of borough ordinance we have not been able to act.Once these are past or denied
that determines our next step,We haven't been able to lake any of those next steps;we are sitting
and spinning our wheels waiting on this.The urgency is vital,
Close public hearing&open regular meeting:
COMMISSIONER SCHMITT MOVED to postpone this to the July 15'"regular meeting agenda.
ROLL CALL VOTE ON MOTION TO POSTPONE CARRIED UNANIMOUSLY
7/8/2015 P&Z Minutes Page 2 of 2
Page 91 of 107
Ordinance No. FY2016-04 Amending Title 17 Zoning, Chapter 17...
AGENDA ITEM O.E.
Kodiak Island Borough
Planning and Zoning Commission Special Work
Session
Wednesday, July 1, 2015, 6:30 p.m., KIB CONFERENCE ROOM
Spettall Work Sesamm are Informal meetings of the Pianwing and Zoning Commission for dismission items.Although
addiberial!terns not Rated on the special work session aganda may be dizaissed when introduced by the Chair.
Commissioners,or stafl,no formal action is taken at special work sessions.Items Mat t"Wns formal Commission action
are placed on the Plawining and Zoning Commission regular meeting agenda.Citizen comments at special work sessions
are NOT considered part of the official record.Citizen comments intended for the' a!record'should be made at a
Plarirting and Zoning Commission regular meeting.Citizen comments Will W be slowed regardng cases wwch am
scheduled for public hearing.
Page
1. CALL TO ORDER
2. ROLL CALL
3. CITIZEN COMMENTS
Items not scheduled for Public Hearing.Limited to three minutes per speaker.
4, ITEMS FOR DISCUSSION
Mobile Home Park Code Discussions
2-9 a. Chapter 17.140 KIBC Existing Nonconforming Uses and Structures
Mobile Home Park Code Memo 6-24-15.LW
EEs fiknj'nmj:�Confonni M� Uses and Sfiurt� tesdf
10-13 b. Chapter 17.130 KIBC Public Use Lands District
RpIk.Use L,�nds,.�df
14-150 Q Chapter 17..115 KIBC Mobile Home Parks
Mobile Home Parlcs..d
YOW9
S. REPORTS
a. Meeting Schedule:
• July 8,,2015 Work Session-630 p.m,-KIB Conference Room
• July 15,2015 Regular Meeting-6:30 p.m.-Assembly Chambers
6. STAFF COMMENTS
7. COMMISSIONER COMMENTS
8. ADJOURNMENT
Page 1 of 150
Page 92 of 107
Ordinance No. FY2016-04 Amending Title 17 Zoning, Chapter 17...
AGENDA ITEM M.E.
AGENDA ITEM . .
Kodiak Island Borough
Community Development Department
" 710 Mill Bay Road
f Kodiak,Alaska 99615
Phone(907)486-9363 Fax(907)486-9396
www.kodiakak.us
to., June24,2DI5
To: Pbnnmg aid Zoning Commesion
F H.Pederson,AICP-
Judy 1,2015 Special Work Session-Dail Code Changes Regarding Mobile Home Parks
At their June 111`work session, the Assembly directed the Commission to expedle
consideration of three changes to Borough Code related to mobile home parks.Those
code chapters are:
Chapter 17,140 KIBC--Nonconforming Uses and Structures-,
Chapter 17.130 KIBC—Public Use Lands District;and
Chapter 17.115 KIBC Mobile Home Parks.
This information in this memo and the attachments should be considered as building on
the background Information distributed to the Commission on June 41',
Staff also notes that the owner of Rasu n's mobile hone park has now filed a
conditional use permit application to expand the park to add 29 new ile home
spaces.The two expansion areas are adjacent to the existing park and were shown on
the maps in the June 4"'information packet.It is also our understanding that the sate of
Clark mobile home park has now Go
Chapter 17.140-Nonconforming Lend Uses and Structures
As discussed in the June 41"staff memo,one Impediment to relixating mobile homes
from Jacksons to other existing mobile home parks is the status of those pa (except
Rasmussen's)as"grandfathe "(i.c,legal nonconforming)land uses.
The June 411 packet contained a proposed amendment to the nonconlorming
requirements that would address this Issue and permit units to be relocated under
certain cond s..The draft ordinance and proposed code changes are attached for
review and discussion at the special work session.
Chapter 17.130-Temporary storago of mobile homes In the PL zoning district
The June 41i staff memo noted that outdoor storage is currently allowed in four zoning
districts(B-Business,RB-Retail Business,I-Industrial,and LI " ht Industrial)and that
there has been discussion about permitting temporary storage on publicly owned land.
Most Borough owned land around town Is zoned PL-Public Lands,other Borough
parcels ere zoned Natural Use„Watershed,Conservation„industrial,or ,,2,.
Page 2 of 150
Chapter 17.140 KIBC Existing Nonconforming Uses and Structur-
Page 93 of 107
Ordinance o. FY2016-04 Amending Title 17 Zoning, Chapter 1 ...
AGENDA ITEM O.E.
AGENDA ITEM#4.a.
The draft cmmtlnnance creaatemn a sucticairn Ipart ffaa'Wi ng tem;paeuaany storage of dhp laucamt urrnobfle
I'rues trn'tlhe Pi rpelle t m:6tst.u'lct,Other Zoning dilsbutcts mmGtr be caavirsi tered aas we ll.
stir'a't'test„'temnpa a-4uy stag agew would tae ellilowemt ruull:;gpect ta;u any c ind:tpcmns a ast„allallli5llaemt
a illlne Landedytmng If,wmalPaeety m,winem,such as teungtbi of ttmmnea Ii neueaumce„sea:w ritpr,scrieening,
etc.
C'hapata r 17.11 -Mob Iioi nie Parkm9
7t rom,ct ttuils ct°aaapateir of code is'mttaaicPa:mt to P&Z dlis.umamdaann of p aii:mslitwlle cVneuages
i Kt StStas
staff recornmxaernats that tiFue Con'nmmnlsstraun rnake any r.,txieragesu Vrie r demur enccessaary tc ttne
17 140 aroct IT 1:30 aonawidi mmeirate and sdiempup o Illlaaa'ea a amrnundnmtrsnbs,for as spaecraa p,aaatulllc
heanri n tiara�Wuatur'ltua°,Chaumges to I t'115 Ilp pull-Mlltr uecpuuiiire emlmtiitionat�ll1miussion at your
Jmully ICt""' aantn aaenma;Gnaun and II°ne Anpirg schi ivaWrr de'tunoiruoir' of tenant tliunae"
Page 3 of 160
Chapter 17"140 KIBC Existing Nonconforming Uses and Structur..
Page 94 of 107
Ordinance No. FY2016-04 Amending Title 17 Zoning, Chapter 17...
AGENDA ITEM O.E.
AGENDA ITEM#4.a.
Illvnniioilllun nnli'l'nr Name
IIFNwNUrp�mirur.ikinlll lP:wyiP.. attach
III:halftwi 16am" C
I
reteu mndia, mda WAV2015
II c Iland ra:
3 Adwvd:
<4
5 KODIAK ISLAND BOROUGH
5 ORDIIN7 ACE NO. IFY20IS-XX
7
9 AN OFtDWANCE OF THE ASSEMBLY OF THE KODlAK 4g ND BOROUGH
p1 AMENDING CHAPTER'17,140 KlBC tEXOSTiNG dVlONCONtwP RfflING USES AND
Il D „S,lfFttlC'4'4DRESl TO ALLOW MOBILE f4O3s41F.g DISPLACED 4A4d1DER AS 3001225 TO
t 4 f811»Lf,ACATE u11Tl-9iN EXISTING NOUJCONFd3f#WNG MOBILE IHOME BARKS
112
43 WHEREAS, As a second class Borough, the Kodiak Island Borough excerclses
l4 Manning„ platting, and land use regulations on art area Vide basis pursuuam to Chapter
45 29,+4D Alaska Statuiee;and
46
17 WHEREAS,, in accordance vd1h AS 29.40,the Kodiak Isdaend Borough adopted the 2008
12 Comprehensive Dylan update on December 6,241117 T(Drdirwnce No FY2000-10)to replace
49 the 1968 Corunprehensive Plano and
20
24 WHERli"AS. The Kodiak island Borough has adopted KIBC Title 17 (Zoning) in
22 nocordance war4h AS 29 441 to Irmplement the Kodiak iatand Borough Comprehensive IPlatr%
23 and
244
2:5 WHEREAS, K18C 47„205,146 pr ' s that Wwoever the public nocessdy,
26 convenience general era tfera or good zo nkV practice requires, the assembly many, by
27 ordinance and after report thoieorn by the commission and public hearing as ffeqwred by
28 law, amend,supplement, madify, repeal or olherwrlse change these regutsUons and the
29 4aou ndade*s of the distdcts,m and
30
31 WHEREAS, The recent onmunced dosutre of Jockso n°s Mobile Home Park louarsuarn4 to
3:7 AS 34,03.225 4a K 4b vdil ra tru.ait,lin nearly 1f94D fialtni40es being forced to rebcate,,and
33
34 WHEREAS. Money of the ramob lla holriri[es 6in,ryua:rtio n may I ncl the skA,e t�ur be unsaved due to
35 age,strucj ural c..ongdillon,or modrfie;ations over time;and
36
37 WHEREAS, No other existing mobile homes parks in Kodiak cueurentlly have approval for
32 additional spaces to be added to those parks,and
39
494 WHEREAS,, Mot eslftfl mobile 1ronle parks are nonconforming lain uses and
41 exparnwon of unonconforr ing land uses is not permilted under Chapter 17140 d£11BC
42 (Nonconforrnitles)l and
43
44 WHEREAS, Them may be space available in exls46eng nonconforming rmunD le home
45 parks to occom mOda4e additional mobile homes N The zoning regulations PermOted such
46 oxpansion;and
47
48 gdfltFREAS, The Borough des8res to(relax the regulatory requirements to pcernni4 ruhabn w
49 homes displaced pa rr,uaant to AS 34 03.225 to relocate to existing mobile home parks and
50
51 HIE°f7pA6„ The Borough recognUes that In doing so, certain zoning standards for
52 mobile,home parks(WIl or may nor the rmeT);and
Koddah island IEo-ra ough,Alaska natnce No FyZ4!VXX
Pago t mt z
(Page 4 of 150
Chapter 97.140 IK MC Existing NonconfoffnIng Uses and Strtuctur...
Fee 95 of 107
Ordinance No. FY2016-04 Amending Title 17 Zoning, Chapter 17...
AGENDA ITEM O.E.
AGENDA ITEM#4.a.
53
34 W11-41EIR11'ENS, the pubkc nec.cmsfty�end qeneri-M wialfare of the cm-nmunity imay bo 11.,.mUeir
55 seyvedby eirinian6ing 01 is ccWl�e to i maksie firmwesto be,re0ocnted inther than requmirq;
56 wirldi affivirenwto wns.fing zoning requirements fw,rnotxle Ihonte"riki,wid
57
58 WIREIRIEWS, Ameniling Chapter $7,1410 IKiJ BC (Eiditfing Noncainfourning Umea and
d59 uaF lritkd 17 061 aiiCoiinpkjd'jj w1hr,Mailic'-d pvtft twm'i"and,
100
�61 1d4t'14tERIEN131, The Mainniing eirwid Zoning (limunissIlion Nild XX W0.01L sessionvi, air speidal
162 nasaIllopp tin umacm 6'1he ✓ changes to Chapter V 1,40 100C ion Jliully 1,2015 Ind
�63 Vy B 20%4,and
�rA
65 WH1N:1R1rr`.76V'i, 11'11w Pilannilirq and 7con,in!11 CommLiWiDin net aslkle Virne lior rublilic Inpi,9and
66 discussion al oadh work sassliorny arid
,67
68 VVIIi 1rhe P:landirmj and ZonkV CornirnilssBon 111eild pull.ft hiLatinp WM JUPD 81,2015
69 aind July 1:5, 210 .5 and folilowring the Jully 15,, 201:5 pubk his smile ng,viotcd la Wrjn':rumft flieir
70 womiunimiendiMminsfirx iievillsilions to 117',14 O':6ChddCp to the Boiriough Asieryflbly,,and
71
72 WHERIE&S, As Ipnaart of their recomirineindatuan to sidupt the wavirvi i to Chapillu 17 $40
73 Klittir tune PlanfMg and Zanling Commission adopiled Findings 0 IF aM,wlifth are MI(aclied
74 hirunto as Exhilbil B,d and
75
76 NOW,THEIM10'OKE1,111111'01RIDAMM BY"THE NSISIE111i OF THE"K0011AK 1511 AND
77 B0111OLM711H thaL
711
79 Sactlon 1; 71vs ard4wince im of;a ganerW FAind permaniant nature i slhatt itmrxpiw a
N10 wxil of the Kodak IrOand her rough,GWu of OrdlinaoCe
91
R2 Secfion'2a The airneindiryienils to Chapter 17 1410 K111BC mirip aftachividas IrExlwiiLdN A,
84 ADOPTED RY"FIREASSEMBILY OF THE IKODIIA�K MLANID BOIRIDUCA1
H5 THIS ............... DAY OF__ .........................................2015
M
97
Big )(C)DIIAK ISLAND B01ROUCIIH
89
90
91
..............................................................................................................
9
, 2 eriraad...Fdor-W"Barough Mayw
93
,94 7atir1"ES11
,95
,96
97 ...........
7p e Nova M Ja0eirl,MMC,ttiorrAK7h Uerk
I W
...................................................................................................................................................................................................................................................................................................................................................
llocfisk 9Wnd 111k noug1h,Nasilin Cliriiknunce?Ou FUM1745
lliiiipu�2 W"
Page 5 of ISO
Chapter 17.140 KIBC Existing Nonconforming Uses and Strtictur,,,-
Page 96 of 107
Ordinance No. FY2016-04 Amending Title 17 Zoning, Chapter 17...
AGENDA ITEM M.E.
AGENDA ITEM#4.a.
Chumpteir 17.240
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Page 6 of 150
Chapter 17-140 KIBC Existing Nonconforming Uses and Structur,
Page 97 of 107
Ordinance No. FY2016-04 Amending Title 17 Zoning, Chapter 17...
AGENDA ITEM O.E.
AGENDA ITEM#4.a.
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Page 7 of 150
Chapter 17.140 KIBC Existing Nonconforming Uses and Structur...
Page 98 of 107
Ordinance No. FY2016-04 Amending Title 17 Zoning, Chapter 17...
AGENDA ITEM O.E.
AGENDA ITEM#4.a.
paildnSsIltauis lihan 11he 111tiii:!Ylaus isuuunna Warrinlng uw.JlRvjjjwdled arid uam!niaiftuid by l 'flu 19 1:112"W!P;
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Page 8 of 150
Chapter 17,140 KIBC Existing Nonconforming Uses and Struclur..
Page 99 of 107
Ordinance No. FY2016-04 Amending Title 17 Zoning, Chapter 17...
AGENDA ITEM O.E.
AGENDA ITEM#4.a.
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Page 9 of 150
Chapter 17.140 KIBC Existing Nonconforming Uses and Structur,
Page 100 of 107
Ordinance No. FY2016-04 Amending Title 17 Zoning, Chapter 17...
AGENDA ITEM O.F.
KODIAK ISLAND BOROUGH
AGENDA STATEMENT
a;
JULY 30.2015
die ASSEMBLY SPECIAL MEETING
TITLE: Ordinance No. FY2016-05 Submitting to the Qualified Voters on the October 6,
2015 Ballot in Each Area Affected by the Ordinance the Question of Altering
the Boundary of Road Service Area No. 1
ORIGINATOR: Bud Cassidy
FISCAL IMPACT: FUNDS AVAILABLE:
Account Number. Amount Budgeted:
SUMMARY STATEMENT:
Otmeloi Road is a State owned road and there is an opportunity to make substantive
improvements to it.The State will contract the work to make improvements with the stipulation
that the Kodiak Island Borough, by Service Area No. 1,takes ownership of the road along
with future maintenance responsibilities.
There are currently five properties outside the service area boundary on Otmeloi Way that are
to be included into the service area.The KIB code provides that an alteration to a service
area shall be initiated by ordinance and that the alteration shall not be effective unless it is
approved by a majority of the qualified voters voting on the question.The affected area is the
entire Service Area No. 1 and the lots being added to the service area.
An informational letter was sent to the property owners on Otmeloi way and a copy is
attached to the packet.
During agenda setting,the Mayor and Deputy Mayor suggested the addition of Tract B Miller
Point Alaska Subdivision be added to the Service Area.Tract B is owned by the Kodiak Island
Borough and contiguous to those properties fronting Otmeloi Way and may be accessed via
Otmeloi Way if developed.
RECOMMENDED MOTION:
Move to adopt Ordinance No. FY2016-15 in first reading to advance to public hearing at the
next meeting of the Assembly.
Kodiak Island Borough
Page 101 of 107
Ordinance No. FY2016-05 Submitting to the Qualified Voters o...
AGENDA ITEM M.F.
Introduced by: Borough Manager
Requested by: Borough Manager
Drafted by Special Projects Slav
1 Introduced: 07/302015
2 Pudic Hearing:
3 Adopted:
4
5 KODIAK ISLAND BOROUGH
6 ORDINANCE NO. FY2016-05
7
S AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND
9 BOROUGH SUBMITTING TO THE QUALIFIED VOTERS ON THE
10 OCTOBER 6, 2015 BALLOT IN EACH AREA AFFECTED BY THE
11 ORDINANCE THE QUESTION OF ALTERING THE BOUNDARY OF
12 SERVICE AREA NO.1
13
14 WHEREAS, KIBC 4.05.040 provides that the assembly shall initiate any action to after a
15 service area by Introducing an ordinance effecting the proposed action;and
16
17 WHEREAS, KIBC 4.05.060 provides that an ordinance altering a service area shall not
18 be effective unless approved by a majortty of the qualified voters voting on the question in
19 each area affected by the ordinance;and
20
21 WHEREAS, the State of Alaska has alkwated $3.3 million dollars and is working to
22 obtain federal monies to improve Otmeloi Way with grading, drainage, sidewalks and
23 paving, along with realignment and lighting as needed;and
24
25 WHEREAS, when improvements are complete, the ownership and maintenance
26 responsibilities of Otmeloi Way will transfer to the Kodiak Island Borough;and
27
28 WHEREAS, Otmeloi Way is a state owned roadway that lies mostly within the
29 boundaries of Road Service Area No. 1. It is proposed that Lots 6 and 7A of Block 5 and
30 Lots 1, 2,and 3 of Block 6 Monashka Bay Subdivision be included in the boundaries of
31 Service Area No.1;and
32
33 WHEREAS, it Is equitable that all properties fronting Otmeloi Way be added to the
34 Service Area No. 1 and contribute to its maintenance via a real property lax;and
35
36 WHEREAS, the Kodiak Island Borough does not have road powers as a second Gass
37 borough(AS 29.35.210);and
38
39 WHEREAS, service areas within the Kodiak Island Borough have been created with the
40 optional power of road maintenance and construction(KIBC Title 4);and
41
42 WHEREAS, Service Area No. 1 was created with the power of road construction and
43 maintenance(KIBC 4.70.010);and
44
Kodiak Istand 9orough,Alaska Ordinance No.FY2016-05
Page 1 of 2
Page 102 of 107
Ordinance No. FY2016-05 Submitting to the Qualified Voters a...
AGENDA ITEM O.F.
45 WHEREAS, property parcels benefitiing from service areas are all taxed to finance
46 services within the service area;and
47
48 WHEREAS, Tract B Miller Point Alaska Subdivision is owned by the Kodiak Island
49 Borough and is contiguous to those properties fronting Olmeloi Way and may be accessed
50 via Otmeloi Way if developed;and
51
52 NOW,THEREFORE,BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND
53 BOROUGH that:
54
55 Section 1: IF Wion. Upon adoption of this ordinance,the following ballot question will
56 be presented to the qualified voters in each area affected by the ordinance
57 at the October 6.2015 Election.
58
59 BALLOT PROPOSITION NO.1
60
61 Shall the boundary of Service Area No.1 be altered by the addition of
62 Lot 6 and Lot 7A of Block b, and Lot 1, Lot 2 and Lot 3 of Block 6
63 Monashka Bay Subdivision and Tract B Miller Point Alaska
64 Subdivision?
Yes
Q No
65 Section 2: OuqUicallons. A person who is a qualified voter in each area affected by
66 this ordinance may to vote on the proposition.
67
68 Section 3: Effective dale. The ordinance shall become effective upon passage of the
69 proposition to after the boundaries of Service Area No. i by the qualified
70 voters and upon certification of the October 6,2015 election.
71
72 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
73 THIS DAY OF 2015
74
75 KODIAK ISLAND BOROUGH
76
77
78
79 Jerrol Friend,Borough Mayor
80
81 ATTEST:
82
83
84
85 Nova M.Javier,MMC,Borough Clerk
Kodiak Island Borough,Alaska Ordinance No.FY2016-05
Page 2 of 2
Page 103 of 107
Ordinance No. FY2016-05 Submitting to the Qualified Voters o...
AGENDA ITEM O.F.
,"
Ko&ak Island Borough
7 10 NEW Bay Road
i o&k,Muka 99615
Phone( 7)486-9301 Fax(90 436-9374
IE:.-ue H,. jL
July 21,20 IS
Residents Di'0Um Wi Ddive
RE:Voris minus Oct iFiu M 1,3 in pave ouusseloi'll'i'my mmsml to u¢mmme Future gr al"leususm-'e.
FC5T R,R3ldFJlMON
TVnrcam is an opnpnon unckyr to palm m R9uu rkli UVuay from the iunuerrseci ion wi¢Vn FRezanoF Drive dCscruuss sVuc urn ct from
Daysimlle Fim'i,Dapartnwraup to dw ma her end oIr O mwllani'Way near the pDumwbI'r'day lya t,k),.111401 umially WHO IEBuis ynrmajjeuas
pave the mad,d,buwu is%Volll Irea ii,gm Iprus cd'us.sllm:gredu in certain arinu wiVi Van^Vawermml,most 6gh4s willl Vain inunlicd
and a wwo dje s allaE'bWe puuslh Ic;rdln5'uup 0 Noah Star School ROB he pnrmhvWrAIl. The SwIc maF Ma k:(Monaclmnii is au
saflauu mavnraled irmum¢)arr H Contract and FmlM slnls ell'Faou'u BUT ONLY IF,¢dwe VRrndbN',hibil d VVaarr,.ruc,pplb wIlucs roveY ownerships
of&w road and FRan2' Sawke Area V'MR V provides, Fiarmaruu rruanuusueksraunre rn;.sbansibiViuicw suum:lls as grruuding,Snow
rrrrnavaull nod suumuViva,pp..
IV'W'Fps"r'Yl(V LL IT Vi4I'EXV'li T in ll 74ROF"EVV'"rY 'piVlVadERS Fr O R"IIIl1HE BOROUGH TO iF1l'EVW N O1C°Ci'l' iLOR?
'l io ugh d w m WM Ism^ usa fl"Wiml crust M,p un voly Assemn w ror the knps,ruaseome n¢ 'to Quncloi 'slyua•y„ minmua: Who
Property is within the pnsnu:ouid u'y Of Read,Service Arun FFV(sce usuuncduM nRap)will bcsiiun Hrm piny Fag- PIM mn;uusnurururamice
suuclly aas mow pvlmnvs^amy:"sauuuMmLw.,,ditch usk aunimnp"oast:.6nouu,ji,.h un pmropreusy uurs.
Frr)r the five proropueaws c uustdc K !rcrwiu.x emec IlwcusumIRInry and whose drive,ways uuceess Osuvwtasp'Way the Asumbl•y
°w H1 Ix asked to pullecm.on Irks,,hallVruu this 110cluber 6Ipn vu vrr c to imclu.nmle Fpnmse psirepuerfie^s into the ser',O a Brett",
Slurrauld Vnibt 2p scion be approved,YOU 100 1011 Ikaeein uma pnary as pormp7cruy s X kur pine arpaeuecriumn aumu.11 n uoimsecucunec of
olds mewdy pauwmcdd rowl.But uiniis%wilik Dedy unexumr i(¢he aur,sWunuIMY anlprrx:s nrn pV oc he q uasuiianm,an ulna Va„VllM.ukum uma em
apropsrewiue 9Vae question, the mad imnpsrmlveumo us sure cramapnleaed and Ilan uiullc muF the road Right or away Its srna srcirred'tau
tllm:BIDRIDUSL
A,SS Isl'ICIII Y
"nine As unh$y srplF!be mmeetin g rumure on the sr bjeel mIG'their"Frailly 30 sand)OR%tut iii,rmemplrsc awlmr:re they will
deckle to pilluuce It on the Illsuul ok on August u.st 6#h.
"Frain itsu c sw'M tnlsdn kuaa ail K u ssed and quues gins urnswered at Vumrurc Service Area and AsscumAapy rmcoinp-
Shsuvulod yunit humorr;any qu esluuums,please call the Boo mro Agh at 486-9301
"F"Vrsass�s
”
Bud iMiLssii dy
Diriro upplln Keuvwr
Ceu Mityunr suunad'F9 cormamuyh Assembly
Reid Su,r°vier Are!No,,d C leuairvvnwun and Diming of IDiremtmnrs
Page 104 of 107
Ordinance No. FY2016-05 Submitting to the Qualified Voters o...
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AGENDA ITEM W.F.
Introduced by: Mayor Selby
Requested by: Mayor Selby
Drafted by: Cornrnunity
Development Department Director
Introduced: 01116197
Adopted: 01116/97
KODIAK ISLAND BOROUGH
RESOLUTION NO. 97-05
A RESOLUTION DECLARING A WILLINGNESS TO ACCEPT MAINTENANCE
AND OPERATION RESPONSIBILITY FOR OTMELOI WAY WHEN IT IS IMPROVED
TO KODIAK ISLAND BOROUGH STANDARDS
WHEREAS, Otmeloi Way is ranked as a priority 2 in the Alaska department of
Transportation's (DOT) current Statewide Transportation Improvement Program
(STIP); and
WHEREAS, one of the evaluation criteria for ranking road improvement projects in
the STIP is; 'local, other agency or user contribution to fund O & M costs...for 1998
- 2000 STIP commitment must be In writing before points will be assigned"; and
WHEREAS, Otmeloi Way Is the primary access to North Star Elementary School and
the only access to the school during Hazardous winter driving months; and
WHEREAS, Otmeloi Way is a state of Alaska road that does not meet Kodiak Island
Borough road standards for construction, and the addition of a walkway/bike trail to
the roadway is necessary to ensure the safety of students traveling to and from North
Star Elementary School; and
WHEREAS, the addition of a walkwaylbike trail to the Otmeloi Way improvement
project will provide an additional and important link to the Kodiak urban trail system
by linking North Star Elementary School with the other community elementary
schools, as well as several Borough parks, Ft. Abercrombie State Historical Site, and
numerous other community facilities;
NOW,THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND
BOROUGH THAT the Assembly formally indicates its willingness to accept
maintenance and operation responsibility for Otmeloi Way from the state of Alaska
once it has been improved to Borough road standards, including walkway/bike trail
improvements.
Kodiak Island Borough,Alaska Resolution No.97.05
ftge t of 2
Page 106 of 107
Ordinance No. FY2016-05 Submitting to the Qualified Voters 0...
AGENDA ITEM O.F.
ADOPTED 13Y THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
THIS SIXTEENTH OF JANUARY, 1997
KODIAK ISLAND BOROUGH
11
Jerolne M. Selby. Borou h M
1
`,t�l.1jlL L— -
Robin Heinrichs, Presiding Officer
ATTEST:
onna F. Smith, CMClAAE, Borough Clerk
Kodiak Island Borough,Alaska Resolution No.9705
Page 2 of 2
Page 107 of 107
Ordinance No. FY2016-05 Submitting to the Qualified Voters 0...
Kodiak Island Borough
Assembly Special Meeting Guidelines
July 30, 2015, 7:30 p.m., Borough Conference Room
1. ROLL CALL
KIBC 2.25.070.... the Chair shall cause the record to reflect the absence of the member, the
REASON for the absence, and whether the absence is excused by the Assembly.
Recommended motion: Move to excuse Assembly member Dan Rohrer who is absent
due to personal leave.
VOICE VOTE ON MOTION.
2. CITIZENS' COMMENTS (These are limited to three minutes per speaker.)
ARK SI13EAKERS "'r,o SIGN IIf AN113 s"°IWA"rl: "rl fIm;;]IR NAME,, l:ioii TI°°II REC01:3Ii;).
3. CONSIDERATION OF MATTERS IN THE CALL FOR THE SPECIAL MEETING
A. Interview of Assembly Applicants.
B. Appointment to the Kodiak Island Borough Assembly.
.................
The Assembly may deliberate in executive session. The applicant(s) may
request for public discussion.
Recommended motion: Move to convene into executive session to
discuss the applicant's qualifications, a subject that qualifies for
executive session as a matter that may tend to prejudice a character or
reputation of a person.
ROLL CALL VOTE ON MOTION.
Recommended motion: Move to invite the Mayor, Assembly, Borough
Manager, and Clerk's Office staff into executive session.
ROLL CALL VOTE ON MOTION.
After the vote, Mayor Friend recesses the regular meeting and convenes the
executive session.
Upon returning from the executive session, Mayor Friend reconvenes the
regular meeting and announces the action that will be taken as a result of the
executive session.
Kodiak Island Borough Assembly Guidelines
July 30, 2015 Page 1
Mayor Friend opens the nominations. Nominations may be made by any member of the
Assembly. A second is not needed.
Recommended motion: Move to nominate applicant ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, to the Kodiak
Island Borough Assembly seat.
If only one applicant is nominated, the recommended motion is: Move to cast a
unanimous ballot for applicant to the Assembly seat
ROLL CALL VOTE ON MOTION.
C. Newly Appointed Assembly Member's Oath of Office.
The Clerk will administer the oath of office to the newly appointed assembly
member.
D. Ordinance No. FY2016-03 Amending Title 17 Zoning, Chapter 17.50 C-Conservation
District and Chapter 17.130 PL — Public Use Lands District To Allow the Temporary
Storage of Mobile Homes Displaced Under AS 34.03.225 To Be Stored On Sites Zoned
C-Conservation Or PL-Public Use Lands.
Recommended motion: Move to adopt Ordinance No. FY2016-03 in first reading to
advance to public hearing at the next regular meeting of the Assembly.
Staff Report— Manager Cassidy
Assembly discussion.
ROLL CALL VOTE ON MOTION.
E. Ordinance No. FY2016-04 Amending Title 17 Zoning, Chapter 17.140 Existing
Nonconforming Uses And Structures To Allow Mobile Homes Displaced Under As
34.03.225 To Relocate Within Existing Nonconforming Mobile Home Parks.
Recommended motion: Move to adopt Ordinance No. FY2016-04 in first reading to
advance to public hearing at the next regular meeting of the Assembly.
Staff Report—Manager Cassidy
Assembly discussion.
ROLL CALL VOTE ON MOTION.
Kodiak Island Borough Assembly Guidelines
July 30, 2015 Page 2
F. Ordinance No. FY2016-05 Submitting to the Qualified Voters on the October 6, 2015
Ballot in Each Area Affected by the Ordinance the Question of Altering the Boundary of
Road Service Area No. 1.
Recommended motion: Move to adopt Ordinance No. FY2016-15 in first reading to
advance to public hearing at the next meeting of the Assembly.
Staff Report— Manager Cassidy
Assembly discussion.
ROLL CALL VOTE ON MOTION.
4. ADJOURNMENT
Recommended motion: Move to adjourn the meeting.
ROLL CALL VOTE ON MOTION.
Kodiak Island Borough Assembly Guidelines
July 30, 2015 Page 3
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KODIAK ISLAND BOROUGH
WORK SESSION
ork Session of: 0,1-34,) 4 2015
Please PRINT your name Please PRINT your,name
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View Agendas, Minutes, and
Newsletters of Assembly meetings
on our website at www.kodiakak.us.
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www.facebook.com/KodiakIslandBorough
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Twitter:
@KodiakBorough
At its Special Meeting of July 30, 2015, The Kodiak Island Borough Assembly Took the Following
Actions. The Next Regular Meeting of the Borough Assembly is Scheduled on Thursday, August 6, 2015,
at 7:30 p.m. in the Borough Assembly Chambers.
APPOINTED Dennis Symmons to the Kodiak Island Borough Assembly.
ADMINISTERED the Oath of Office to Newly Elected Assembly Member Dennis Symmons.
ADVANCED Ordinance No. FY2016-03 Amending Title 17 Zoning, Chapter 17.50 C-Conservation
District and Chapter 17.130 PL – Public Use Lands District To Allow the Temporary Storage of Mobile
Homes Displaced Under AS 34.03.225 To Be Stored On Sites Zoned C-Conservation Or PL-Public Use
Lands to Public Hearing at the Next Regular Meeting of the Assembly.
ADVANCED Ordinance No. FY2016-04 Amending Title 17 Zoning, Chapter 17.140 Existing
Nonconforming Uses And Structures To Allow Mobile Homes Displaced Under As 34.03.225 To
Relocate Within Existing Nonconforming Mobile Home Parks to Public Hearing at the Next Regular
Meeting of the Assembly.
ADVANCED Ordinance No. FY2016-05 Submitting to the Qualified Voters on the October 6, 2015 Ballot
in Each Area Affected by the Ordinance the Question of Altering the Boundary of Road Service Area No.
1 to Public Hearing at the Next Regular Meeting of the Assembly.
Vol. FY2016, No. 2 July 30, 2015
Kodiak Island Borough
Assembly Newsletter