Loading...
LEES SUB LT 1 - Conditional Use PermitOctober 21, 2010 Mr. Lester Leroy Russell PO Box 907 Kodiak, AK 99615 Kodiak Island Borough Community Development Department 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486-9363 Fax (907) 486-9396 www.kodiakak.us Re: Case 11-005. Request a Similar Use Determination and a Conditional Use Permit, in accordance with KIBC17.15.090 (Similar Uses) and K1BC17.110.040 (Conditional Uses) to permit the construction of a self -storage facility that is similar in character to a warehouse that is conditionally permitted in the RB — Retail Business Zoning District. Dear Mr. Russell: The Planning & Zoning Commission, at their regular meeting on October 20, 2010, determined that the request referenced above is a similar use to a conditionally permitted warehouse use and granted the Similar Use Determination subject to Findings of Fact, and granted a Conditional Use Permit to allow the development of a mini -storage facility subject to stipulations and Findings of' Fact. Findings of fact in support of this decision are as follows: FINDINGS OF FACT (Similar Use) 1.Character. The requested development falls within the generally accepted architecture and uses associated with general —merchandise warehouses. The requested development is designed to serve a retail clientele, the targeted market of the RB -Retail Business District. 2.Impact. The requested development requires no significant public infrastructure investment in order to serve the use. The requested development will not adversely affect the existing land uses in the immediate neighborhood, and will significantly improve environmental conditions as pre -requisite site clean-up is accomplished. STIPULATIONS (CUP) LThe storage of flammable, toxic, or hazardous materials, or any material identified as a public health or safety hazard is prohibited. 2.A twenty-five (25) foot front -yard setback, from the frontage along Selief Lane Extension, is established for this development. The development must incorporate the parking, maneuvering, and circulation pattern as specified in Kodiak Island Borough Code 17.175 — Off -Street Parking and Loading. Page 1 of 2 FINDINGS OF FACT (CUP) 1,That the conditional use will preserve the value spirit character and integrity of the surrounding area. Currently vacant, a significant investment in new capital improvements will enhance the value, spirit, character, and integrity of the surrounding area. 2.That the conditional use fulfills all other requirements of this chapter pertaining to the conditional use in question. The requested Conditional Use is a listed conditional use in the Retail Business Zoning District. The Planning & Zoning Commission has exercised appropriate over -sight through this review process and public hearing. 3.That granting the conditional use permit will not be harmful to the public health, safety. convenience, and comfort. The proposed development is very low -impact in nature, and with the adoption of additional stipulations will not negatively impact the public's health, safety, convenience, or comfort (Stipulation No.1) 4.The sufficient setbacks, lot area buffers or other safeguards are being provided to meet the conditions listed in subsections A through C of this section. The Retail Business Zoning District has no minimum lot area or yard requirement. Stipulations regulating the conditional use development on this lot ensure appropriate and sufficient safeguards in order to protect surrounding property interests' (St pals on No. 2) 5.The proposed use or structure is located in a manner which will maximize public benefits. As a private development this finding is not applicable to the case. THIS APPROVAL DOES NOT ALLOW ANY CONSTRUCTION TO BEGIN. Zoning compliance and/or a building permit must first be obtained. An approved conditional use permit must be permitted within a two-year period to be valid. Please contact this office for further details. An appeal of this decision may be initiated by; 1) the applicant, or 2) any person who was sent a written notice or submitted timely written comments, by filing a written notice of appeal to the Borough Clerk within ten (10) working days of the date of this decision. The notice of appeal must state the specific grounds for the appeal and the relief sought by the appellant, and accompanied by the $350 appeal fee. Therefore, the decision will not be final and effective until ten (10) working days following the decision. For more information on the appeal process please contact the Borough Clerk's Office at 486-9310. Should have any questions regarding the determination please feel free to contact our office at 486-9363. Sincerely, Cretan tin Sheila Smith, Secretary Community Development Department CC: Jim Ashford Page 2 of 2 KODIAK ISLAND BOROUGH PLANNING & ZONING COMMISSION MINUTES October 20, 2010 Assembly Chambers CALL TO ORDER CHAIR KING called to order the October 20, 2010 regular meeting of the Planning and Zoning Commission at 7:30 p.m. PLEDGE OF ALLEGIANCE CHAIR KING led the pledge of allegiance. ROLL CALL Commissioners present were Dave King, Brent Watkins, Bill Kersch, Casey Janz, Alan Torres, and Jay Baldwin. A quorum was established. Community Development Department staff present was Bud Cassidy and Sheila Smith, APPROVAL OF AGENDA COMMISSIONER KERSCH stated there are only 5 lots foreclosed on and New Business Item A states there are 6 lots so that should be amended to reflect 5 Lots. Cassidy stated he hasn't had any confirmation so he recommended keeping it at 6 lots. Move to approve the October 20, 2010 Planning & Zoning agenda as amended. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY APPROVAL OF MINUTES COMMISSIONER JANZ MOVED to approve the September 15, 2010 & September 30, 2010 Planning & Zoning Minutes. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY AUDIENCE COMMENTS AND APPEARANCE REQUESTS There were no audience comments and appearance requests. PUBLICHEAR N Al Case 11=005. Request a Similar Use Determination and a Conditional Use Permit, in accordance with KIBC17.15.090 (Similar Uses) and KIBC17.110.040 (Conditional Uses) to permit the construction of a self -storage facility that is similar in character to a warehouse that is conditionally permitted in the RB - Retail Business Zoning District. The applicant is Lester Leroy Russell and the agent is Jim Ashford. The location is Lee's Subdivision, Lot 1 and it's zoned RB -Retail Business. Cassidy recommended the commission find the proposed mini -storage development similar in both character and impact to a warehouse conditional use in the RB -Retail Business District and approve a conditional use permit subject to stipulations. 10/20/2010 P&7 Minutes Page 1 of 5 COMMISSIONER TORRES MOVED to grant a similar use determination, per KIBC 17.15.090, that mini -storage (warehouse) use is similar in character and impact to a conditionally permitted warehouse use, on Lot 1 Lee's Subdivision, and to adopt the findings of fact in the staff report dated October 5, 2010, as Findings of Fact for Case No. 11-005. The public hearing was opened & closed: Jim Ashford spoke in favor of this request. In response to COMMISSIONER JANZ'S inquiry of how many structures will there be, Ashford stated they will be moving slow on this, as to not over saturate the market. Discussion FINDINGS OF FACT (Similar Use) 1. Character. The requested development falls within the generally accepted architecture and uses associated with general -merchandise warehouses. The requested development is designed to serve a retail clientele, the targeted market of the RB -Retail Business District. 2. 1 pact. The requested development requires no significant public infrastructure investment in order to serve the use. The requested development will not adversely affect the existing land uses in the immediate neighborhood, and will significantly improve environmental conditions as pre- requisite site clean-up is accomplished. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY COMMISSIONER TORRES MOVED to grant a conditional use permit (CUP), per KIBC 17.200 (Conditional Use Permits), to allow the development of a mini -storage (warehouse) facility, according to KIBC 17.110.040 F (Retail Business District)., subject to two stipulations, on Lot 1 Lee's Subdivision, and to adopt the findings in the staff report dated October 5, 2010, as Findings of Fact for Case No. 11-005. Discussion STIPULATIONS 1. The storage of flammable, toxic, or hazardous materials, or any material identified as a public health or safety hazard is prohibited. 2. A twenty-five (25) foot front -yard setback, from the frontage along Selief Lane Extension, is established for this development. The development must incorporate the parking, maneuvering, and circulation pattern as specified in Kodiak Island Borough Code 17.175 - Off -Street Parking and Loading. FINDINGS OF FACT 1. That the conditional use will preserve the value spirit character and integrity of the surrounding area. Currently vacant, a significant investment in new capital improvements will enhance the value, spirit, character, and integrity of the surrounding area. 2. That the conditional use fulfills all other requirements of this chapter pertaining to the conditional use in question,. The requested Conditional Use is a listed conditional use in the Retail Business Zoning District. The Planning & Zoning Commission has exercised appropriate over -sight through this review process and public hearing. 10/20/2010 P&Z Minutes Page 2 of 5 3. That granting the conditional use permit will not be harmful to the public health, safety. convenience. and comfort. The proposed development is very low -impact in nature, and with the adoption of additional stipulations will not negatively impact the public's health, safety, convenience, or comfort (Stipulation No.1). 4. The sufficient setbacks. lot area buffers or other safeguards are being provided to meet the conditions listed in subsections A through C of this section. The Retail Business Zoning District has no minimum lot area or yard requirement. Stipulations regulating the conditional use development on this lot ensure appropriate and sufficient safeguards in order to protect surrounding property interests' (Stipulation No. 2) 5. The proposed use or structure is located in a manner which will maximize public benefits. As a private development this finding is not applicable to the case. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY OLD BUSINESS ere was no old business. NE 1 t USINESS A) Case -006. A Planning & Zoning Commission Review, in accordance wit, IB Code Section 18. 1.030, of seven (7) parcels of tax foreclosed properties from . x year 2008 and prior. Cassidy stated th• commission should determine whether there any public value in retaining any of the pa els, and if not that they be offered for sale f. back taxes. COMMISSIONER TORRES OVED to recommend to the Boro Manager that the following tax -Foreclosed parcels are not public interest to be devo to a public use or reserved for a future use to meet a projected b. ough requirement, a • + that they be offered for sale, lease, or other disposition in conformance 'th the comp r= ensive plan. Discussion ROLL CALL VOTE ON MOTION UNANIMOU COMMUNICATIONS A) FY2011-06 State CIP List Cassidy stated this is a Le gi: ative Priority List because e provide a new one to the Legislature every year. COMMISSIONER JANZ * VED to accept communications as presence VOICE VOTE ON M t . ION CARRIED UNANIMOUSLY REPORTS A) Meetin chedule: • ovember 10, 2010 work session at 7:30pm in the KIB Conference Room. November 17, 2010 regular meeting at 7:30pm in the Assembly Chambers. Bof discussion regarding changing the meeting date due to going out of town for training. 10/20/2010 P&Z Minutes Page 3 of 5 public Hearing Item 7-A P&Z October 20, 2010 Case No. 11-005 Introduction Page 1 of 6 Iwo - Request a Similar )Tse Determination and a Conditional Current Location Use Permit, in accordance with KIBC17.15.090 P & Z Case # 11-005 (Similar Uses) and KIBC17.110.040 (Conditional Uses) to permit the construction of a self -storage facility that ester Leroy Russell is similar in character to a warehouse that is conditional) permitted in the RB — Retail Business Zoning Distric US nIPI USS3 ss 111S3,i „§-11 ' Q7 4s. ' ti -.y. .. A ,•‘'''ti's P `CMMERCIg1' rRgC ^O USS 3466 ' , 594 ti\c' ,$) 1ep0 ^P ON . n, 4o3 S '‘44' CCMMfRCIqL .,. O'230 ti `kh ztZ 25-0 h3 r oNF .. TV N CO cn r G Q kQr 't INC- O OrC'ff Sd06 4 . ti� G 4.,,,er,,v, �,�,. .:,°USS 3218 ti&i/ ti� s SnJ OO P 0 6 a 0 J`,�J JkN N\ �ry su �y OJO Kodiak Island Borough GIS System 0 170 340 680 1,020 1,360 Feet \ �W Thus map was prepared from the Kodiak Island Borough's GIS System. It is provided for the purpose of showing the general location of a property within the Kodiak Island Borough. This map does not represent a survey. More information about the mapping data can be obtained by contacting the Kodiak Island Borough IT Department at (907) 486-9333. Case No. 11-005 Introduction Page 1 of 6 'Zc<* ' 'ublic Hearing Item 7-A P&Z October 20, 2010 Case No. 11-005 Introduction Page 3 of 6 *Si Kodiak Island Borough Zoning Map Community Development Department .A&t NW urrent Zoning Request a Similar Use Determination and a Conditional P & Z Case # 11-005 Use Permit, in accordance with KIBC17.15.090 (Similar Uses) and KIBC17.110.040 (Conditional Uses) Lester Leroy Russell to permit the construction of a self -storage facility that Agent: Jim Ashford is similar in character to a warehouse that is conditionally permitted in the RB — Retail Business Zoning District. 0 175 350 "- r Feet � P I- 6Q. < ,t0 1 1P rp h rte. „,,,_ ,., ,,,,, s C a . ,4 ,,i.,,,. � ,y,,' ^ ryry tiry ?7 ,,, �' ' , comp.,,,,:,_ L'''', TRAC.r ONE 46 i CL nO. • O USS 3218 a .c 2 �1, yao6 p•Sq. c USS 3469 o. Zoning Legend Business Light Industrial Single Family Residential Retail Business Rural Residential 2 Conservation Natural Use Two Family Residential Rural Residential Split Lot Zone Industrial Public Use Multi Family Residential Rural Residential 1 This map was prepared from the Kodiak Island Borough's GIS System. It is provided for the purpose of showing the general location of a property within the Kodiak Island Borough. This map does not represent a survey. More information about the mapping data can be obtained by contacting the Kodiak Island Borough IT Department at (907) 486-9333. Case No. 11-005 Introduction Page 3 of 6 'ublic Hearing Item 7-A P&Z October 20, 2010 Case No. 11-005 Introduction Page 5 of 6 Request a Similar Use Determination and a Conditional , ImageOverlay Use Permit, in accordance with KIBC17.15.090 & Z Case # 11-005 (Similar Uses) and KIBC17.110.040 (Conditional Uses) ster Leroy Russell to permit the construction of a self -storage facility that is similar in character to a warehouse that is conditionally permitted in the RB — Retail Business Zoning District. LMk tr- N. i ...I. `• .: • , a .'fir' - -‘ ' iS' r -• r . ,," , � 1 r:: •4r' YJ 2 � ' r r j• a�` -+ 44. rye/ r if `fir ` J/�/ 17� J f it r l I , .. r , .e • I. o sae ,.., Kodiak Island Borough GIS System ,il, W I; 0 170 340 680 1,020 1,360 Feet N�, This rnap was prepared from the Kodiak Island Borough's GIS System. It is provided for the purpose of showing the general location of a property within the Kodiak Island Borough. This map does not represent a survey. More information about the mapping data can be obtained by contacting the Kodiak Island Borough IT Department at (907) 486-9333. Case No. 11-005 Introduction Page 5 of 6 'ublic Hearing Item 7-A P&Z October 20, 2010 710 Mill Bay Rd., Room 205, KODIAK, AK 99615-6398 (907) 486-9363 - FAX (907) 486-9396 www.kib.co.kodiak.ak.us Applicant Information Property owner's nam L cs• j / L1 ssc/% Propp rty owner's mailing address �o x q97 Cid/ I State Home phone Work Phone Zip E-mailfciW Addr. Agent's nameappl' ) ,,f'17 (S . /"I*/ Agent's mailing address sad /I Lit N-€-) to Zip cit ; f -k2 , iqG,� Home phone Work Phone E-mail Addr. -4341/ ti b./ i ' ✓ Property Information Property ID Number/s LS-/ Lam, el.4 Legal Description L t n Current Zoning: irshu 64 Applicable Comprehensive Plan: Year of Plan adoption: Present Use of Property: Uet Csf Proposed Use of Property: 5,4,>f-7a41:1i-6j/Ar'7'e- ,er*t1 (Note: Use additional sheets, if needed, to provide a complete description of the proposed request.) Applicant Certification 1 hereby certify as the property ownerfauthorized agent that this application for Planning and Zoning Commission review Is true and complete to the best of my knowledge and that it Is submitted In accordance with the requirements of the applicable Kodiak island Borough Code, which Includes a detailed site plan for variance and conditional use requests and which may Include optional supporting documentation as indicated below. r.1 AdgI(lonaI Narrative/If • ` As -built Survey 7 f Property perty Owner's Signature 1A development plan for one or more lots on which is shown the existing and proposed condi • ns of the lot, Including topography, vegetation, drainage, flood plains, wetlands, and waterways; landscaping and open spaces; walkways; means of ingress and egress; circulation; utility services; structures and buildings; signs and lighting; berms, buffers, and screening devices; surrounding development; and any other information that reasonably may be required in order that an informed decision can be made by the approving authority. (Source: The New Illustrated Book of Development Definitions, 01993 by Rutgers University) Photographs Maps Other q—/-0 DateRArized Agen 's ' • atur Date STAFF USE ONLY f ,� PAI D Code Section(s) Involved: �( (Y, (-4-,110.01(0.(-- ' V' SEP -12011 1x Variance (KIBC 17.66.020) $250.00 Conditional Use Permit (KIBC 17.67.02 Other (appearance req u- ts, sit • -n ; ew, . 50.00 Finance Deoar Zoning change from � KIBC 17.72.030 and 030.C)' Kodiak Island B Application received by: Staff signature PAYMENT VERIFICATION 4.i'j i�+ 11 *Zoning Change. ,h Fee Schedule: Oroupr MIB Assembly Resolution Invent Eff. July 1, 2005) Less than 1.75 acres L76 to 5.00 acres 5.01 to 40.00 acres 40.01 acres or more 5350.00 $750.00 S 1.000.00 $1,500.00 Case No. 11-005 Application Page 1 of 4 1-OQ5 'ublic Hearing Item 7-A r'&Z October 20, 2010 Conditional Use Permit Lot 1 Lees Subdivision Applicant Lee Russell, agent Jim Ashford Sept 1,2010 17.67.050 A. The granting of this conditional use permit will advance and improve the use of Lot 1 which for several has been use for the storage of junk, the applicant will improve the area with well kept storage units while uplifting the value, sprit, character and improve the value of the surrounding area. B The granting of this conditional use of this property fulfills all other requirements of this chapter pertaining to the conditional use in question. c The granting of this permit will not be harmful to public health, saftey, convenience and comfort; this project is very low impact on the neighborhood and will improve the safety, connivance and comfort of the neighbors. D This project will abide by all current building regulations as per the City and Borough Building inspectors and permits as per setbacks and other regulations. Respectfully submitted Case No. 11-005 Application Page 2 of 4 -4 ,V t 7408'51"W. . ryCP 34742 \, t' 1 - 5051 4�� nN�• vr�y� 243.85 la N.- ,2V J et -f — 1 e1-Ait�Y�Q j i�r^'#J,►�.0 v^E:..- w �� 'ublic Hearing Item 7-A N&Z October 20, 2010 Request a Conditional Use Permit, according to Current Location KIBC 17.67.020.B, in order to allow ministorage Lee's Subdivision Lot 1 warehouse structures and use on Lot 1, Lee's P & Z Case # 11-005 Subdivision, according to KIBC 17.110.040.F Lester Leroy Russell (Warehouse) as provided in RB -Retail Business zoning district. `, ss 346 ,�,P`4 • tY' ,p � 64 � i � ti0 b 0 4)477 itt 0P �P' �'�`rPvJMMERCfq, 0 R! T0 Focr USS 3466 i sal s - P s k" cDM • �. ,e,�yFF<F MERc,,, ^ cT �� ® 411 1%,o 99 o NE ry V r` c TRACT ¢ ' rwc _ 1j AP,g v .e1h �� � 10 „y ° `• 4` 4?' USS 3218 .%...227 , USS 3469 gillk 4, ..? IIPV '‘') • 1 4c3" VAh' _� J� CO*\`Or 41- o �� O0. ,„ GE DRNE ® ryso C ,, ® � G `7��° 5 j�^ w K�PK 'y con, w uss a.� �g `\P (/` s.. 6? JM1�. ry�P ry'0 Jg q a s $ hese Kodiak Island Borough GIS Legend ,IN �I�� n• Feel 265 530 t 060 It i i III Q Notification Area Subject Parcel W NW This map was prepared from the Kodiak Island Borough's GIS System. II is provided for the purpose of showing the general location of a properly within the Kodiak Island Borough. This map does not represent a survey. More information about the mapping data can be obtained by contacting the Kodak Island Borough IT Department at (907)486-9333. Case No. 11-005 Public Comment Page 1 of 4 'ublic Hearing Item 7-A P&Z October 20, 2010 KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 (907)486-9363 Public Hearing Item 7-A PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, October 20, 2010. The meeting will begin at 7:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska, before the Kodiak Island Borough Planning and Zoning Commission, to hear comments if any, on the following request: CASE: 11-005 APPLICANT: Lester Leroy Russell AGENT: Jim Ashford REQUEST: A Conditional Use Permit, according to KIBC 17.67.020.B, in order to allow ministorage warehouse structures and use on Lot 1, Lee's Subdivision, according to KIBC 17.110.040.F (Warehouse) as provided in RB -Retail Business zoning district. LOCATION: Lee's Subdivision, Lot 1 ZONING: RB -Retail Business This notice is being sent to you because our records indicate you are a property owner/interested party in the area of the request. If you do not wish to testify verbally. you may provide your comments in the space below. or in a letter to the Community Development Department. Comments must be received by 5 pm, October 5. 2010 to be considered by the commission. The commission shall not consider any new information submitted less than fifteen (15) days prior to a regular meeting date (Planning & Zoning Bylaws amended June 16, 2010). If you would like to fax your comments to us, our fax number is: (907) 486-9396. If you would like to testify via telephone, please call in your comments during the appropriate public hearing section of the meeting. The local call-in telephone number is 486-3231. The toll free telephone number is 1-800-478-5736. One week prior to the regular meeting, on Wednesday, October 13, 2010, a work session will be held at 7:30 p.m. in the Kodiak Island Borough Conference Room (#121), to review the packet material for the case. Kodiak Island Borough Code provides you with specific appeal rights if you disagree with the Commission's decision on this request. If you have any questions about the request or your appeal rights, please feel free to call us at 486-9363. Your Name: Mailing Address: Your property description: Comments: Case No. 11-005 Public Comment Page 2 of 4 'ublic Hearing Item 7-A P&Z October 20, 2010 KODIAK ISLAND BOROUGH CRAIG JOHNSON RUSSELL OLSON 710 MILL BAY RD PO BOX 207 PO BOX 71 KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 DARSHA SPALINGER LESTER RUSSELL MILL MY PLAZA ASSOC LTD PC) BOX 2635 722 SUGAR AVE CIO OHN CORP/T EBELL KODIAK, AK 99615 ONTARIO, 011.97914 2702 DENALI ST. #100 ANCHORAGE, AK 99503 MUSK OX STORAGE PO BOX 2827 KODIAK, AK 99615 SAMUEL ROHRER PO BOX 1388 KODIAK, AK 99615 CITY OF KODIAK P.O. BOX 1397 KODIAK, AK 99615 RICHARD ROHRER PO BOX 2219 KODIAK, AK 99615 JIMMY W ASHFORD PO BOX 703 KODIAK, AK 99615 CASEY RUSSELL ETAL PO BOX 2359 GEARHART, OR 97138 JOEL WATTUM 6314 E MOUNTAIN GOAT CIR WASILLA, AK 99654 THRESHHOLD SERVICES, INC PO BOX 8709 KODIAK, AK 99615 CHARLES PEARMAN 11 PO BOX 8782 KODIAK, AK 99615 THOMAS KNOKE 910 MISSION RD KODIAK, AK 99615 Case No. 11-005 Public Comment Page 3 of 4 Sep 2910 05:28p Chris and Gretchen Wing )ublic Hearing Item 7-A P&Z October 20, 2010 9074860098 p.1 KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak Alaska 99615 (9(77)4g6-9363 Public Bearing Item 7-A PUBLIC HEARING NOTICE A public hearing will bo held on Wednesday, October 20, 2010. The meeting wig begin al 730 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska, before the Kodiak Island Borough Planning and Zoning Commission, to bear comments if any, on the following request: CASE: I I-005 APPLICANT: Lester Leroy Russell AGENT: Jim Ashford REQUEST: A Conditional Use Penult, according to KIBC 17.67.020.B. in order to allow ministorage warehouse structures and use on Lot 1, Lee's Subdivision, according to RISC I7.110.040.F (Warehouse) as provided in RB -Retail Business zoning district. LOCATION: Lee's Subdivision, Lot 1 ZONING: RB -Retail Business This notice is being sent to you because our records indicateyer moa property nwnerlmtaested perry in the arm of the request If you do not wish to testify vabany, you may provide year comments in the spats below, or in a tater to the Commmdty Devalopmed-0apadment Comments most he received bat 5 pm October 5 2010 to be canvidered hr MP commission. The commission shall not consider any new information submitted tote than Mon (15) ams prior to a regular meeting date ([Tanning Si Zoning RAMS amended June 16, 2010).1f you would like to fax your co mneme to os: our Be number iv [907) 4S6-9396. If yea would [ate to testify via telephonc, please call to your comments during tha appropriate public hearing section of the meeting. The local call -In telephone number Is 486.3331. Thetoll free telephone somber is f-800418.5736. Oneweok prior to the regular meeting, an Wednesday, October 13, 2014 a work session will be ba[d at 7:30 pant in the Kodiak Island Borough Conference Room (NI11), to review the packet material for the case. Kodiak Island Bomugh Code provide you with specific appeal rights if you disagree with the Commission's decision on this request )fyonuu have �any rquueeestioojns�+� about the inquest or your appeal rights, please feel nee Metall us at 4S6443361 ry Your Name: CH I?i S Mfll[d�l P WfAIfr MaOhsg Add rax, po/ i,�OJe y�Cd / Yeurpropertvdescr)pdon: i " (� 4- t�y/7[0�, septi,{_- l rC_i°i.�_. L.,l[/re _,„Z' Comae' -J 4diaa Oki erTOrn It, SfC 0)vl(/ti a/VO _AI uw ? f kr,r,n f c,.4%4I Accuser. eft,„ - 4n, eih" 4""Si i Case No. 11-005 Public Comment Page 4 of 4 DATE: TO: FROM: SUBJECT: CASE: APPLICANT: AGENT: REQUEST: LOCATION: ADDRESS: ZONING: Sixteen (16) public Date of site visit: Public Hearing Item 7-A P & Z October 20, 2010 MEMORANDUM October 5, 2010 Planning and Zoning Commission Community Development Department Information for the October 20, 2010 Regular Meeting 11-405 Lester Leroy Russell Jim Ashford Request a Similar Use Determination and a Conditional Use Permit, in accordance with KIBC17.15.090 (Similar Uses) and KIBC17.110.040 (Conditional Uses) to permit the construction of a self -storage facility that is similar in character to a warehouse that is conditionally permitted in the RB — Retail Business Zoning District. Lee's Subdivision Lot 1 None Assigned Retail Business District.' hearing notices were mailed on September 16, 2010. Various 1. Zoning History: The 1968 Comprehensive Plan identified this area as Public and Semi -Public. When this area was rezoned to I -Industrial in 1980 (Ordinance No. 80-14-0) the motion indicates that it was being rezoned from Unclassified to I -Industrial. The Lakeside/Safeway Subarea Plan, adopted and incorporated into borough code by Ordinance No. 91-31, depicts the area as Retail Business. The property was subsequently rezoned to RB -Retail Business in April 1997 by Ordinance No. 97-06. 2. Lot Size: 35,137 square feet 3. Existing Land Use: Vacant 4. Surrounding Land Use and Zoning: North: Lee's Subdivision Lot 2 Use: Vacant Zoning: Retail Business District South: Use: Zoning: East: Use: Zoning: Lots 6 and 7, Blk 19, Larsen Bay Townsite Single-family Residential R1 -Single-family Residential United States Survey 3218 Tract S -5A-1 Tract 2 Vacant Split lot Zoning 1 See Appendix Page 1 thru 3 for applicable zoning district standards. Case No. 11-005 Staff Rpt Page 1 of 11 Public Hearing Item 7-A P & Z October 20, 2010 West: Lakeside 2nd Addition Lt 1A-1 Use: Mini -warehouse (storage) facility Zoning: Industrial 5. Comprehensive Plan: The 2008 Kodiak Island Borough Comprehensive Plan Update identifies this area for commercial development. 6. Applicable Regulations: The following sections of Title 17 (Zoning) of the Borough Code and the Kodiak Island Borough Coastal Management Program are applicable to this request: Conformance with the comprehensive plan: The 2008 Kodiak Island Borough Regional Comprehensive Plan designates this lot as a Commercial / Business development area. The lots surrounding this lot are designated for Commercial / Business, Industrial / Light Industrial, and Public uses. 17.15.090 Similar Uses May be Permitted A. Land uses other than those specifically permitted or conditionally permitted in a district may be allowed if they are similar to those listed and are found by the commission, after a public hearing, to be similar in character and impact. B. In all cases, the outdoor storage of materials and equipment is prohibited unless it is listed as a permitted or conditional use in a district. 17.110.010 Description and Intent The RB retail business zoning district is established for the purpose of providing for a wide range of retail and service businesses for the consumer population of large segments of the community. Because of the potential for heavy traffic and the appearance and performance of these uses, this district is located on the periphery of residential areas and at the intersections of arterial and major collector streets and roads. 17.110.040 Conditional Uses The following land uses may be allowed by obtaining a conditional use permit in accordance with the provisions of Chapter 17.200 KIBC: A. Automobile and boat sales, storage, and repair; B. Churches; C. Institutional facilities (e.g., hospitals, fire stations, group homes, correctional facilities, etc.); D. Outdoor storage, when screened by a sight -obscuring fence a minimum of six feet in height; E. Utility and service uses (e.g., substations, etc.); F. Warehouses. and G. Wholesaling and distributing operations (excluding bulk fuel operations). Case No. 11-005 Staff Rpt Page 2 of 11 Public Hearing Item 7-A P & Z October 20, 2010 17.200.050 Standards In granting a conditional use permit, the commission must make the following findings: A. That the conditional use will preserve the value, spirit, character, and integrity of the surrounding area; B. That the conditional use fulfills all other requirements of this chapter pertaining to the conditional use in question; C. That granting the conditional use permit will not be harmful to the public health, safety, convenience and comfort; D. That the sufficient setbacks, lot area, buffers or other safeguards are being provided to meet the conditions listed in subsections A through C of this section; E. If the permit is for a public use or structure, the Commission must find that the proposed use or structure is located in a manner which will maximize public benefits. 17.200.060 Stipulations In recommending the granting of a conditional use, the commission shall stipulate, in writing, requirements which it finds necessary to carry out the intent of this chapter. These stipulations may increase the required lot or yard size, control the location and number of vehicular access points to the property, require screening and landscaping where necessary to reduce noise and glare, and maintain the property in a character in keeping with the surrounding area; or may impose other conditions and safeguards designed to ensure the compatibility of the conditional use with other uses in the district. 17.200.070 Action by Planning and Zoning Commission The commission shall render a decision on the application for conditional use permits within 30 calendar days from the date of public hearing unless the applicant consents to a postponement. The community development department shall incorporate any conditions and requirements stipulated by the commission in the conditional use permit. An approved conditional use must be permitted within a two-year period to be valid. Coastal Management Applicable Policies 4.4 Enforceable Policies B. Coastal Development Policy B-1: Multiple Use a. Structures or dredged or fill material placed in coastal waters shall be designed to minimize the need for duplicative facilities. Consistency: Not Applicable. The project will not involve the placement of structures, dredge or fill material in coastal waters) b. This policy is established for the Coastal Development standard (11 AAC 112.200) subject use. It applies to all uses and activities related to siting of facilities in or adjacent to coastal waters and placement of dredged or fill material into coastal waters. Consistency: Not Applicable. The project location is not adjacent to or within coastal waters. Case No. 11-005 Staff Rpt Page 3 of 11 Public Hearing Item 7-A P & Z October 20, 2010 Policy B-3: Dredge and Fill Activities a. An applicant for a project that will place structures or discharge dredge or fill material into coastal - waters must include in the project description measures that will limit the extent of direct disturbance to as small an area as possible. Consistency: NotApplicable. Theproject location is not adjacent to or within rcoastal waters' b. This policy is established for the Coastal Development standard (11 AAC 112.200) subject use. It applies to all uses and activities related to placement of structures in or adjacent to coastal waters and placement of dredged or fill material into coastal waters. Consistency: Not Applicable. Theproject location is-not'.adjacent to or within coastal waters! C. Natural Hazards Policy C-1: Erosion and Landslides a. Proposed development and resource extraction activities in designated erosion hazard areas shall: 1. Minimize removal of existing vegetative cover, and 2. Stabilize soils and re -vegetate with native species for areas where development necessitates removal of vegetation, unless re -vegetation activities would cause more damage. Consistency: 'Not Applicable. The; project location is`not located in a designated erosion hazard areal b. Subsection a applies to areas designated as erosion hazards under 11 AAC 114.250(b) as described in Section 4.5.2. onsistency: Not Applicable. The project location' is not located Ina steep slope area or identified as Within an erosion hazard area) D. Coastal Habitats and Resources Policy D-5: Wind Generation and Bird Habitat a. The applicant shall incorporate measures into the project description regarding the siting of wind generation projects to minimize mortality to birds. These measures shall include, but are not limited to, installation of turbines on the tallest towers practicable for the site, configuration of towers to reduce the likelihood of bird strikes, and use of tubular towers, fully enclosed nacelles or other appropriate technology that has been demonstrated to reduce bird mortality from wind turbines. Consistency:, Not Applicable. The project does not involve a wind generation,projectl b. This policy applies to uses and activities related to the Energy Facilities Standard 11 AAC 112.230. Consistency:. Not Applicable: The project does notinvolve the development or construction of ari Consistency_.: facility-. H. Recreation Policy H-1: Protection of Recreation Resources and Uses a. On public lands and waters used for recreation activities within designated recreation areas or on private lands and waters within designated recreation areas where the landowner has granted formal pennisslon for recreational activities, non -recreational. projects and activities shall be located, designed, constructed and operated to avoid significant adverse impacts to recreation resources and activities, including access and scenic views unless a comparable alternative recreational opportunity can be provided that would not decrease the quality of the recreation experience in another area. Consistency: Not applicable. This request does not involve the use or development of public lands,or, Waters used for recreationor any other public purpose) Case No. 11-005 Staff Rpt Page 4 of 11 Public Hearing Item 7-A P & Z October 20, 2010 b. Access through water bodies shall be maintained. 1. Fences shall not be constructed across streams, 2. Bridges must be constructed at least four feet above the ordinary high water mark, 3. Structures, other than weirs, shall not impede travel by watercraft along waterways, and 4. Weirs shall be constructed to allow for small boat passage over or around the structures, and warning signs shall be placed at least 25 yards upstream of the weirs. Consistency: Not applicable. The project is not located along a water body used for recreation purposes! c. This policy applies to areas designated for recreation under 11 AAC 114.250(c) as described in Section 4.5.1, and it applies to all uses and activities that could affect recreational values described in the resource inventory and analysis. Consistency: Not applicable. This area is not specifically identified or reserved for recreational use tinder 11 AAC 114.250(c)f— I. Archaeological and Historic Resources Policy 1-1: Consultation and Surveys a. For projects within the historic and prehistoric designation area, the applicant shall submit with the consistency review packet an assessment of potential impacts to historic and prehistoric resources and a plan for the protection of those resources. As part of the assessment, the applicant shall consult with the KIB, tribal entities and the Alutiiq Museum. Consistency Not applicable. The project is not known,to:be located.in-an area identified as a historic or prehistoric resource area! b. This policy is established for areas designated for the study, understanding and illustration of history and prehistory under 11 AAC 114.250(1) as described in Section 4.5.4. It applies to all uses and activities that could affect these resources. Consistency: Not applicable. The project is not located in an area Identified as historic or prehistoric resource area! Policy 1-2: Resource Protection a, For projects within the historic and prehistoric designation area, if previously undiscovered artifacts or areas of historic, prehistoric or archaeological importance are encountered during development, an artifact curation agreement will be developed between the landowner, appropriate state of federal preservation authorities, and the curation facility if artifacts are discovered on the project site. Consistency: Not applicable. The project is not located within a designated historic or prehistoric area. b. This policy is established for areas designated for the study, understanding and illustration of history and prehistory under 11 AAC 114.250(i) as described in Section 4.5.4. It applies to all uses and activities that could affect these resources. Consistency: Not applicable.. The project is not located in an area identified for the study! understanding or illustration of history and.prehistory under 1:1 AAC 114.250(1 K. Mineral Extraction and Processing Policy K-1: Siting of Material Sources a. Sources of sand and gravel shall be authorized in the following priority: 1. Upland sites, including river terraces above historic high water, 2. Areas of low habitat value, including river bars, Case No. 11-005 Staff Rpt Page 5 of 11 Public Hearing Item 7-A P & Z October 20, 2010 3. Streams which do not provide fish habitat, and 4. Other habitats. 'Consistency: Not Applicable. The project does not involve extraction of sand and gravel resources! b. This policy applies to the sand and gravel standard (11 AAC 112.260). Consistency: Not Applicable. The protect does not involve extraction of sand and gravel resources? 4.5 Designated Areas 4.5.1 Recreation Areas Consistency: Not Applicable. The project does not impact a recreation area! 4.5.2 Natural Hazard Areas Consistency: Not Applicable. The project is not located in a known natural hazard area! 4.5.3 Important Habitat Areas Consistency: Not Applicable.. The project is not .located .in an important habitat area! 4.5.4 Historic and Prehistoric Resource Areas Consistency: Not Applicable. The projectisrnot located in an area ofhistoric ;or prehistoric significance! 4.5.5 Commercial Fishing and Seafood Processing Facilities Consistency: Not Applicable. The project isnot a commercial fishingand seafoodprocessing facility! 4.5.6 Subsistence Areas Consistency: Not Applicable. The project is not located in a subsistence harvest area! Case No. 11-005 Staff Rpt Page 6 of 11 Public Hearing Item 7-A P & Z October 20, 2010 Comments on the Request The applicant, through his agent, originally requested a conditional use permit in order to develop mini -storage (warehouse) units on the described property. The mini -storage warehouse business concept has developed as a niche market occupier. The model concept, (although no longer viewed as new or novel), arrived on the scene locally after the adoption of current regulatory standards and is not addressed with any specificity. The most germane discussion of the business model and attendant regulatory standards staff has located is found in The Latest Illustrated Book of Development Definitions2. This source provides the following definition; "A building or group of buildings containing separate, individual, and private storage spaces of varying sizes available for lease or rent for varying periods of time". Continuing to quote the source, "In the 1970s, when self -storage facilities first became popular, they were often classified as mini -warehouses and limited to industrial and warehouse zoning districts. The modern self -storage facility is a multistory retail service use (emphasis added) located in a commercial corridor and serving individuals and small businesses within a 5 mile radius". "Self -storage facilities are very low traffic generators, requiring little permanent parking, often as little as one parking space per 50 to 100 rental units for one-story buildings. Two-story buildings may require elevator access, and more parking spaces around the elevators may be needed, Many have resident managers living in on-site apartments3;....". "Access is provided to the rental units from driveways, so the width between buildings should be at least 20 feet. Many self -storage facilities are not particularly attractive because they are often flat -roofed, one-story structures arranged in long, monotonous rows. " " Heavy perimeter landscaping may be the best way to break up building appearance, along with substantial setbacks from lot lines". "Local ordinances should address security, landscaping, fencing, lighting, and height, as well as wall treatment. The use of the storage spaces should also be regulated. Most ordinances specify that the use is for dead storage only, and flammable or hazardous chemicals and explosives are prohibited". • "Some self -storage facilities have open areas where boats, vacant trailers, and recreational vehicles may be stored. The local ordinance should specify whether this type of storage is permitted". °, 2 The Latest Illustrated Book of Development Definitions. New Expanded Edition Moskowitz and Lindbloom, Center for Urban Policy Research, Rutgers, The State University of New Jersey, 2004. 3 Per Kodiak Island Borough Code 17.110.020 H, this would be a permitted use if the dwelling unit did not exceed 50 percent of the area of the structure, in which it was located, and was not located on the ground floor. See Appendix Page 4 for a listing of prohibited activities / uses as adopted by Arlington, Texas. Case No. 11-005 Staff Rpt Page 7 of 11 Pubiic Hearing Item 7-A P & Z October 20, 2010 Similar Use Determination This case is being presented in two phases based on the nature of the proposed use and the zoning district involved. Per Kodiak Island Borough Code 17.15.080 — Uses prohibited unless authorized. "A. Land uses not listed as a permitted use in a district are prohibited". Mini -warehouse use, aka self -storage facility use is not a permitted use or a conditional use in the retail business zoning district, although "warehouses" are listed as a conditional use in the district. Similar use determinations are permitted at the Commission's discretion under KIBC 17.15.090. Per Kodiak Island Borough Code 17.15.090 - Similar uses may be permitted. "A. Land uses other than those specifically permitted or conditionally permitted in a district may be allowed if they are similar to those listed and are found by the commission, after a public hearing, to be similar in character and impact". Per Kodiak Island Borough Code 17.110.010 — Description and intent; "The RB retail business zoning district is established for the purpose of providing for a wide range of retail and service businesses (empna:� adds 1 for the consumer population of large segments of the community. Because of the potential for heavy traffic and the appearance and performance of these uses, this district is located on the periphery of residential areas and at the intersections of arterial and major collector streets and roads". "Warehouses" are a listed conditional use in the retail business zoning district. Warehouse is a generic term applied to a myriad of specialized facilities, generally designed and constructed with a specific use in mind. Public Warehousing is defined as "A building used primarily for the storage of goods and materials and available to the general public for a fee 5 " Continuing, "Public warehouses may be bulk warehouses, such as those with tank storage; commodity warehouses, such as grain elevators; refrigerated warehouses; or general -merchandise warehouses. See SELF -STORAGE FACILITY". It appears that the compendium of professional and lay resources includes the facilities variously known as a mini -warehouse, mini -storage facility, or self -storage facility within the broader context of warehouse. Character is defined as "Special physical characteristics of a structure or area that set it apart from its surroundings and contribute to its interest and/or individuality" 6. Impact analysis is defined as "A study to determine the potential direct or indirect effects of a proposed development on activities, utilities, storm -water runoff, circulation, surrounding land uses, community facilities, environment, and other factors"'. 6 Ibid, page 441. 6 Ibid, page 73. 7 Ibid, page 201. Case No. 11-005 Staff Rpt Page 8 of 11 Public Hearing Item 7-A P & Z October 20, 2010 RECOMMENDATION 1 Staff recommends that the Commission find the proposed mini -storage (warehouse) development is similar in both character and impact to a warehouse conditional use in the RB — Retail Business District. APPROPRIATE MOTION I Should the Commission agree with the staff recommendation, the appropriate motion is: Move to grant a similar use determination, per KIBC 17.15.090, that mini -storage (warehouse) use is similar in character and impact to a conditionally permitted warehouse use, on Lot 1 Lee's Subdivision, and to adopt the findings of fact in the staff report dated October 5, 2010, as Findings of Fact for Case No. 11-005. Staff recommends that this motion be granted. Findings of Fact 1 1. Character. The requested development falls within the generally accepted architecture and uses associated with general —merchandise warehouses. The requested development is designed to serve a retail clientele, the targeted market of the RB -Retail Business District. 2. Impact. The requested development requires no significant public infrastructure investment in order to serve the use. The requested development will not adversely affect the existing land uses in the immediate neighborhood, and will significantly improve environmental conditions as pre -requisite site clean-up is accomplished. Case No. 11-005 Staff Rpt Page 9 of 11 Public Hearing Item 7-A P & Z October 20, 2010 Conditional Use Permit RECOMMENDATION II Staff recommends that the Commission approve a conditional use permit, with appropriate stipulations, for Lot 1 Lee's Subdivision, to allow the development of a mini - storage (warehouse) facility. APPROPRIATE MOTION II Should the Commission agree with the staff recommendation, the appropriate motion is: Move to grant a conditional use permit (CUP), per KIBC 17.200 (Conditional Use Permits), to allow the development of a mini -storage (warehouse) facility, according to KIBC 17.110.040 F (Retail Business District)., subject to two stipulations, on Lot 1 Lee's Subdivision, and to adopt the findings in the staff report dated October 5, 2010, as Findings of Fact for Case No. 11-005. Staff recommends that this motion be granted. Stipulations: 1. The storage of flammable, toxic, or hazardous materials, or any material identified as a public health or safety hazard is prohibited. 2. A twenty-five (25) foot front -yard setback, from the frontage along Selief Lane Extension, is established for this development. The development must incorporate the parking, maneuvering, and circulation pattern as specified in Kodiak Island Borough Code 17.175 — Off -Street Parking and Loading. Findings of Fact 1. That the conditional use will preserve the value spirit character and integrity of the surrounding area. Currently vacant, a significant investment in new capital improvements will enhance the value, spirit, character, and integrity of the surrounding area. 2. That the conditional use fulfills all other requirements of this chapter pertaining to the conditional use in question. The requested Conditional Use is a listed conditional use in the Retail Business Zoning District. The Planning & Zoning Commission has exercised appropriate over -sight through this review process and public hearing. Case No. 11-005 Staff Rpt Page 10 of 11 (T"1 Public Hearing Item 7-A P & Z October 20, 2010 3. That granting the conditional use permit will not be harmful to the public health, safety, convenience, and comfort. The proposed development is very low -impact in nature, and with the adoption of additional stipulations will not negatively impact the public's health, safety, convenience, or comfort (Stipulation No.1) 4. The sufficient setbacks, lot area buffers or other safeguards are being provided to meet the conditions listed in subsections A through C of this section. The Retail Business Zoning District has no minimum lot area or yard requirement. Stipulations regulating the conditional use development on this lot ensure appropriate and sufficient safeguards in order to protect surrounding property interests' (Stipulation No. 2) 5. The proposed use or structure is located in a manner which will maximize public benefits. As a private development this finding is not applicable to the case. Case No. 11-005 Staff Rpt Page 11 of 11 ublic Hearing Item 7-A P&Z October 20, 2010 Chapter 17.110 RB— RETAIL BUSINESS DISTRICT Sections: 17.110.010 Description and intent. 17.110.020 Permitted principal uses and structures. 17.110.030 Permitted accessory uses and structures. 17.110.040 Conditional uses. 17.110.050 Minimum lot area and width requirement. 17.110.060 Maximum lot coverage for structures. 17.110.070 Maximum height of structures. 17.110.080 Setbacks from property lines. 17.110.090 Special district regulations. 17.110.100 Fences, parking and signs. 17.110.110 Nonconformitles. 17.110.010 Description and intent. The RB retail business zoning district is established for the purpose of providing for a wide range of retail and service businesses for the consumer population of large segments of the community. Because of the potential for heavy traffic and the appearance and performance of these uses, this district is located on the periphery of residential areas and at the intersections of arterial and major collector streets and roads. [Ord. 92-13 §5, 1992. Formerly §17.25.010]. 17.110.020 Permitted principal uses and structures. The following land uses and activities are permitted in the retail business district: A. Automobile service stations; B. Boardinghouses, hotels and motels; C. Commercial recreational facilities (e.g., health clubs, racquetball courts, ice rinks, etc.); D. Multifamily dwellings (not located on the street level of the structure); E. Parks and playgrounds; F. Retail stores and service shops (e.g., beauty shops, grocery stores, clinics, professional offices, etc.); G. Restaurants and bars; H. Single-family and two-family dwellings, if located within a structure containing a permitted business use, not exceeding 50 percent of the area of the structure, and not located on the street level of the structure; I. Schools/daycare facilities; J. Shopping centers; and K. Theaters, auditoriums, community halls. [Ord. 92-13 §5, 1992. Formerly §17.25.020]. 17.110.030 Permitted accessory uses and structures. The following land uses and activities are permitted in the retail business district: Case No. 11-005 Appendix Page 1 of 4 ,J'ublic Hearing Item 7-A P&Z October 20, 2010 A. Accessory buildings; and B. Outdoor retail display (e.g., small quantities of inventory). [Ord. 92-13 §5, 1992. Formerly §17.25.030]. 17.110.040 Conditional uses. The following land uses and activities may be allowed by obtaining a conditional use permit in accordance with the provisions of Chapter 17.200 KIBC: A. Automobile and boat sales, storage, and repair; B. Churches; C. Institutional facilities (e.g., hospitals, fire stations, group homes, correctional facilities, etc.); D. Outdoor storage, when screened by a sight -obscuring fence a minimum of six feet in height; E. Utility and service uses (e.g., substations, etc.); F. Warehouses; and G. Wholesaling and distributing operations (excluding bulk fuel operations). [Ord. 92-13 §5, 1992. Formerly §17.25.040]. 17.110.050 Minimum lot area and width requirement. There is no minimum lot area or width requirement except as may be required by the State of Alaska Department of Environmental Conservation in areas where community sewer and water is not available. [Ord. 92-13 §5, 1992. Formerly §17.25.050]. 17.110.060 Maximum lot coverage for structures. There is no maximum lot coverage requirement. [Ord. 92-13 §5, 1992. Formerly §17.25.060]. 17.110.070 Maximum height of structures. The maximum height limit for structures in this district is 50 feet. Airport protection and safety regulations may limit building height. [Ord. 92-13 §5, 1992. Formerly §17.25.070]. 17.110.080 Setbacks from property lines. There are no required setbacks in this district. [Ord. 92-13 §5, 1992. Formerly §17.25.080]. 17.110.090 Special district regulations. There are no special regulations for this district. [Ord. 92-13 §5, 1992. Formerly §17.25.090]. 17.110.100 Fences, parking and signs. A. Where a lot in the retail business district is adjacent to a lot in a residential district, the owner of the lot in the retail business district shall be required to erect and maintain a solid, four -foot fence along the property line adjacent to the residential district, from the time the property in the retail business district is developed for any purpose. Case No. 11-005 Appendix Page 2 of 4 'ublic Hearing Item 7-A P&Z October 20, 2010 B. Additional regulations for fences, parking and signs are contained in Chapters 17.54, 17.57, and 17.60 KIBC, respectively. [Ord. 92-13 §5, 1992. Formerly §17.25.100]. 17.110.110 Nonconformities. Regulations for nonconformities (lots, uses and structures) are contained in Chapter 17.140 KIBC. [Ord. 92-13 §5, 1992. Formerly §17.25.110]. Case No. 11-005 Appendix Page 3 of 4 =ublic Hearing Item 7-A ' P&Z October 20, 20t0 From The Latest Illustrated Book of Development Definitions, New Expanded Edition "Arlington, Texas, prohibits the following uses in self -storage facilities: • Auctions; commercial, wholesale, or retail sales; or miscellaneous or garage sales. • The servicing, repair, or fabrication of motor vehicles, boats, trailers, lawn mowers, appliances, or other similar equipment. • The operation of power tools, spray -painting equipment, table saws, lathes, compressors, welding equipment, kilns, or other similar equipment. • The establishment of a transfer and storage business. • Any use that is noxious or offensive because of odors, dust, noise, fumes, or vibrations". Case No. 11-005 Appendix Page 4 of 4 KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 (907) 486-9363 Public Hearing Item 7-A PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, October 20, 201.0. The meeting will begin at 7:30 pm. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska, before the Kodiak Island Borough Planning and Zoning Commission, to hear comments if any, on the following request: CASE: APPLICANT: AGENT: REQUEST: LOCATION: ZONING: 11-005 Lester Leroy Russell Jim Ashford Request a Similar Use Determination and a Conditional Use Permit, in accordance with KIBC17.15.090 (Similar Uses) and KIBC17.110.040 (Conditional Uses) to permit the construction of a self -storage facility that is similar in character to a warehouse that is conditionally permitted in the RB — Retail Business Zoning District. Lee's Subdivision, Lot 1 RB -Retail Business This notice is being sent to you because our records indicate you are a property owner/interested party in the area of the request. If you do not wish to testify verbally, you may provide your comments in the space below, or in a letter to the Community Development Department. Comments must be received by 5 pm, October 19, 2010 to be considered by the commission. If you would like to fax your comments to us, our fax number is: (907) 486-9396. If you would like to testify via telephone, please call in your comments during the appropriate public hearing section of the meeting. The local call-in telephone number is 486-3231. The toll free telephone number is 1-800-478-5736. One week prior to the regular meeting, on Wednesday, October 13, 2010, a work session will be held at 7:30 p.m. in the Kodiak Island Borough Conference Room (#121), to review the packet material for the case. Kodiak Island Borough Code provides you with specific appeal rights if you disagree with the Commission's decision on this request. If you have any questions about the request or your appeal rights, please feel free to call us at 486-9363. Your Name: Mailing Address: Your property description: Comments: 10 Request a Similar Use Determination and a Conditional Current Location Use Permit, in accordance with KIBC17.15.090 Lee's Subdivision Lot 1 (Similar Uses) and KIBC17.110.040 (Conditional Uses) P & Z Case # 11-005 to permit the construction of a self -storage facility that is Lester Leroy Russell slather in character to a warehouse that is conditionally permitted in the RB — Retail Business Zoning District. 0 fly 43 o- 4. 0P 9G 9b qr 0V. h0b �,errett# ^Q USS 3466 �A G ti 1/0 0 vSi" h y b 212 lW 199 4 a Tn oive co:Row r En-.6672C/AL TRAC°M 711'0 co AB 48/ O tt NV .1, USS 3218 el, USS 3469 ^O A a DP NP 0 A ^ pco co 4c, A p ° t. O e = d M1 h3 2741" h9P ' y A M1 C8 0 0 6 0,9s S PA Kodiak Island Borough Parcel Feet Subject as KODIAK ISLAND BOROUGH CRAIG JOHNSON RUSSELL OLSON 710 MILL BAY RD PO BOX 207 PO BOX 71 KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 DARSHA SPALINGER PO BOX 2635 KODIAK, AK 99615 MUSK OX STORAGE PO BOX 2827 KODIAK, AK 99615 SAMUEL ROHRER PO BOX 1388 KODIAK, AK 99615 CITY OF KODIAK P.O. BOX 1397 KODIAK, AK 99615 RICHARD ROHRER PO BOX 2219 KODIAK, AK 99615 LESTER RUSSELL 722 SUGAR AVE ONTARIO, OR 97914 JIMMY W ASHFORD PO BOX 703 KODIAK, AK 99615 CASEY RUSSELL ETAL PO BOX 2359 GEARHART, OR 97138 JOEL WATTUM 6314 E MOUNTAIN GOAT CIR WASILLA, AK 99654 MILL BAY PLAZA ASSOC LTD C/0 OHN CORP/T EBELL 2702 DENALI ST. #100 ANCHORAGE, AK 99503 THRESHHOLD SERVICES, INC PO BOX 8709 KODIAK, AK 99615 CHARLES PEARMAN II PO BOX 8782 KODIAK, AK 99615 THOMAS KNOKE 910 MISSION RD KODIAK, AK 99615 Sep 29 10 05:28p Chris and Oretcnen Wing u ,; 4660098 p.1 KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 (907) 486-9363 Public hearing item 7-A PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, October 20, 2010. The meeting will begin at 7:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak; Alaska, before the Kodiak Island Borough Planning and Zoning Commission, to hear comments if any, on the following request: CASE: APPLICANT: AGENT: REQUEST: LOCATION: ZONING: 11-005 Lester Leroy Russell Jim Ashford A Conditional Use Permit, according to KIBC 17.67.020.B, in order to allow ministorage warehouse structures and use on Lot 1, Lee's Subdivision, according to KIBC 17.110.040.F (Warehouse) as provided in RB -Retail Business zoning district. Lee's Subdivision, Lot 1 RB -Retail Business This notice is being sent to you because our records indicate you arc a property owner/interested party in the area of the request. If you do not wish to testify verbally, you may provide your comments in the space below, ur in a later to the Community Developmrrnt Department. Comments must be received by 5 nm, October 5 201(1 to be considered by the commission. The A public hearing will be held on Wednesday, October 20, 2010. The meeting will begin at 7:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak; Alaska, before the Kodiak Island Borough Planning and Zoning Commission, to hear comments if any, on the following request: CASE: APPLICANT: AGENT: REQUEST: LOCATION: ZONING: 11-005 Lester Leroy Russell Jim Ashford A Conditional Use Permit, according to KIBC 17.67.020.B, in order to allow ministorage warehouse structures and use on Lot 1, Lee's Subdivision, according to KIBC 17.110.040.F (Warehouse) as provided in RB -Retail Business zoning district. Lee's Subdivision, Lot 1 RB -Retail Business This notice is being sent to you because our records indicate you arc a property owner/interested party in the area of the request. If you do not wish to testify verbally, you may provide your comments in the space below, ur in a later to the Community Developmrrnt Department. Comments must be received by 5 nm, October 5 201(1 to be considered by the commission. The commission shall not consider any new information submitted less than fifteen (15) days prior to a regular meeting dale (Planning S Zoning Bylaws amended June 16, 7010). If you would like to fax your comments to us, our fax number is: (907) 486-9396. If you would like to testify via telephone, please cull in your comments during the appropriate public hearing section of the meeting. The local call -In telephone number is 486-3231. The toll free telephone number Is t-800-478-5736. One weck prior to the regular meeting on Wednesday, October 13, 2010. a work session will be held at 7:30 p.m. in the Kodiak Island Borough Conference Room (#121). to review the packet material for the case, Kodiak Island Borough Code provides you with specific appeal rights if you disagree with the Commission's decision on this request. lfyou have �any y�questions about the request orr your} appeal rights, please feet free to call us al 486.9933'63. �y Your Kamm l -1-R1 Sib (Pk? p Wl141/6- Moiling Address: PU (�0.e(" {) 7» Your property description: i 3® +- if / 0 era ge /r?_y/SLE'_, 1/rfj' _ (�-0*1 1 L jf fJ,'Ijl r71fJCy1� (j Comments: _,.( at NG Ci jeC; cn_ c c✓t 1 dl ti 59 h1,„1 tQeC f arp_s. -Ii,or,4510:44.1, p, September 16, 2010 Mr. Lester Leroy Russell PO Box 907 Kodiak, AK 99615 Kodiak Island Borough Community Development Department 710 Mill Bay Road Room 205 Kodiak, Alaska 99615 Phone (907) 486-9363 Fax (907) 486-9396 www.kodiakak.us Re: Case 11-005. Request a Conditional Use Permit, according to KIBC 17.67.020.B, in order to allow ministorage warehouse structures and use on Lot 1, Lee's Subdivision, according to KIBC 17.110.040.F (Warehouse) as provided in RB -Retail Business zoning district. Dear Mr. Russell: Please be advised that the Kodiak Island Borough Planning and Zoning Commission has scheduled the case referenced above for Public Hearing at their October 20, 2010 regular meeting. This meeting will begin at 7:30 p.m. in the Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska. Attendance at this meeting is not mandatory but recommended. One week prior to the regular meeting, on Wednesday, October 13, 2010 at 7:30 p.m. in the Borough Conference Room (11121), the Commission will hold a packet review work session for the purpose of reviewing packet materials and staff summaries of cases scheduled for the regular meeting. The public is welcome to attend the packet review work session; however, the work session is not for the purpose of receiving public testimony. Applicants who wish to present testimony and/or evidence related to their case should appear at the Public Hearing during the Regular Meeting and present such information in person. Please contact the Community Development Department at 486-9363 if we can answer any outstanding questions or provide additional information. In advance, thank you for your cooperation. Sincerely, 1C'l�2Cl Sheila Smith, Secretary Community Development Department CC: Jim Ashford KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 (907) 486-9363 Public Hearing Item 7-A PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, October 20, 2010. The meeting will begin at 7:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska, before the Kodiak Island Borough Planning and Zoning Commission, to hear comments if any, on the following request: CASE: APPLICANT: AGENT: REQUEST: LOCATION: ZONING: 11-005 Lester Leroy Russell Jim Ashford A Conditional Use Permit, according to KIBC 17.67.020.B, in order to allow ministorage warehouse structures and use on Lot 1, Lee's Subdivision, according to KIBC 17.110.040.F (Warehouse) as provided in RB -Retail Business zoning district. Lee's Subdivision, Lot 1 RB -Retail Business This notice is being sent to you because our records indicate you are a property owner/interested party in the area of the request. If you do not wish to testify verbally, you may provide your comments in the space below, or in a letter to the Community Development Department. Comments must be received by 5 pm, October 5, 2010 to be considered by the commission. The commission shall not consider any new information submitted less than fifteen (15) days prior to a regular meeting date (Planning & Zoning Bylaws amended June 16, 2010). if you would like to fax your comments to us, our fax number is: (907) 486-9396. If you would like to testify via telephone, please call in your comments during the appropriate public hearing section of the meeting. The local call-in telephone number is 486-3231. The toll free telephone number is 1-800-478-5736. One week prior to the regular meeting, on Wednesday, October 13, 2010, a work session will be held at 7:30 p.m. in the Kodiak Island Borough Conference Room (#121), to review the packet material for the case. Kodiak Island Borough Code provides you with specific appeal rights if you disagree with the Commission's decision on this request. If you have any questions about the request or your appeal rights, please feel free to call us at 486-9363. Your Name: Mailing Address: Your property description: Comments: Request a Conditional Use Permit, according to Current Location KIBC 17.67.020.B, in order to allow ministorage Lee's Subdivision Lot 1 warehouse structures and use on Lot 1, Lee's P & Z Case # 11-005 Subdivision, according to KIBC 17.110.040.F Lester Leroy Russell (Warehouse) as provided in RB-Retail Business zoning district. vSS S.S BS 3467 LL2 5, ri ,h ,tea� A ry0 f d4#` •yP �`,1, 1P '0 1G g gP 1 se 0 ,fib el,LAG V 0P P=, .7. ti* 0 a30 USS 3466 m 0i $ea -, 11%ppp P^ •' ,,v= y�i CC 0pp9,, . �4 ' SCyFE MMf oP 447 <� ,�� • 4P4 C, O w 272 9 AY za 7'" ss e RClgL �ry'M'RCIAL f RAC . T G'�" �'' N/. hP in G ~ c �� , TRA„_ r �5 11 .`P', ,o Gq ^ ,tis o ry � ',VN USS 3215 P°`�410, �'E o�q. s. USS 3469 Olit 0 s s°Cq�� 0pe0 moo.° 4: 0� <�IthilAyirJO reAlliL e a O J? c J .. I!►� a'ts billy ,1' l• ...,... a le 0 ry°j07j�� GO��sGE DRIVE rb r` Op1PK P 1,fp ryo CO K Liss ' OP 0 • 1 a 2 ry1 9:`, - A_'7026 r. 11 :? Kodiak Island Borough GIS Legend -cif ; ..-too Notification Area '' qtr Font 1'01' 1 r 1 1 t t t 1 Subject Parcel / This map was prepared from the Kodiak Island Borough's GIS System. It is provided for the purpose of showing the general location of a property within the Kodiak Island Borough. This map does not represent a survey. More information about the mapping data can be obtained by contacting the Kodiak Island Borough IT Department at (907) 486-9333. KODIAK ISLAND BOROUGH CRAIG JOHNSON RUSSELL OLSON 710 MILL BAY RD PO BOX 207 PO BOX 71 KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 DARSHA SPALINGER PO BOX 2635 KODIAK, AK 99615 MUSK OX STORAGE PO BOX 2827 KODIAK, AK 99615 SAMUEL ROHRER PO BOX 1388 KODIAK, AK 99615 CITY OF KODIAK P.O. BOX 1397 KODIAK, AK 99615 RICHARD ROHRER PO BOX 2219 KODIAK, AK 99615 LESTER RUSSELL 722 SUGAR AVE ONTARIO, OR 97914 JIMMY W ASHFORD PO BOX 703 KODIAK, AK 99615 CASEY RUSSELL ETAL PO BOX 2359 GEARHART, OR 97138 JOEL WATTUM 6314 E MOUNTAIN GOAT CIR WASILLA, AK 99654 MILL BAY PLAZA ASSOC LTD C/0 OHN CORP/T EBELL 2702 DENALI ST. #100 ANCHORAGE, AK 99503 THRESHHOLD SERVICES, INC PO BOX 8709 KODIAK, AK 99615 CHARLES PEARMAN II PO BOX 8782 KODIAK, AK 99615 THOMAS KNOKE 910 MISSION RD KODIAK, AK 99615 710 Mill Bay Rd., Room 205 WODIAK, AK 99615-6398 (907) 486-9363 - FAX (907) 486-9396 www.kib.co.kodiak.ak.us Applicant Information Property owner's nam Les&�- JCJfP /11,0.7sC/i Property ow er's mailing address An. en */) Ci / �Staate n1�1 ••/1,G1 /7l,/1/'4/9 Home phone Work Phone Zip E-mail Addr. Agent's name agppl'I) ,� t/7 Agent's mailing addres i i ciip �/mss gGl619 itcte Z/S Home phone Work Phone" E-mail Addr. /%—q%/ 5 3—;t98 );, de Property Information Property ID Number/s LoF/ 5-Jeteff tsJ!i Legal Description 41 Current Zoning:��4LL rr,55.2e g � Applicable Comprehensive Plan:. Year of Plan adoption: Present Use of Property: delete. Proposed Use of Property: $,O ft.r`4ir c.grr%e ,erg! (Note: Use additional sheets, if needed, to provide a complete description of the proposed request.) Applicant Certification I hereby certify as the property owner/authorized agent that this application for Planning and Zoning Comm/ssion review Is true and complete to the best of my knowledge and that it Is submitted in accordance with the requirements of the applicable Kodiak Island Borough Code, which includes a detailed site plan for variance and conditional use requests and which may include optional supporting documentation as Indicated below. 11( AddNlonal Narrative/His ory As -built Survey _ Photographs _ Maps _ Other 1A development plan for one or more lots on which is shown the existing and proposed condi ns of the lot, including topography, vegetation, drainage, flood plains, wetlands, and waterways; landscaping and open spaces; walkways; means of ingress and egress; circulation; utility services; structures and buildings; signs and lighting; berms, buffers, and screening devices; surrounding development; and any other information that reasonably may be required in order that an Informed decision can be made by the approving authority. (Source: The New Illustrated Book of Development Definitions, ©1993 by Rutgers University) Date J" rized Agent's i • ature 9—/—/D Date Code Section(s) Involved: K (q—, I I 0-00 01 STAFF USE ONLY Al. 1)(e\PA SEP —120 Variance (KIBC 17.66.020) $250.00 Conditional Use Permit (KIBC 17.67.02 Other (appearance requ• ts, sit- • -n - lew, 50.00 Finance Depar Zoning change from 4 IBC 17.72.030 and 030.C)* Kodiak Island B Application received by: Staff signature PAYMENT VERIFICATION 0 I I ' *Zoning Change, Fee Schedule: Or011 • Mg Assembly Resolution :merit Eff. July 1, 2005) Less than 1.75 acres $350.00 1.76 to 5.00 acres $750.00 5.01 to 40.00 acres $L000.00 40.01 acres or more $1,500.00 Applicable Kodiak Island Borough Code Auplicatiop Requirements. General 17.03.050 Approval by planning and zoning commission. When it is stated in this title that uses are perdtt for consideration shall be submitted to the community development department with a site plan.... bject to approval by the commission, an application Variance 17.66.020 Application. An application for a variance may be filed by a properly owner or his authorized agent. The application shall be made on a fort provided by the community development department and accompanied by the required fee and site plan. All applications shall be available for public inspection. 17.66.050 Approval or denial. "...A. Approval If it is the finding of the commission, after consideration of the investigator's report and receipt of testimony at the public hearing, that the use proposed in the application, or under appropriate conditions or restrictions, mans all of the following, the variance shall be granted: I. That there am exceptional physical circumstances or conditions applicable to the property or to its intended use or development which do not apply generally to other properties in the same land use district; 2. That the strict application of the provisions of this tide would result in practical difficulties or unnecessary hardship; 3. That the granting of the variance will not result in material damage or prejudice to other properties in the vicinity mor be dettimental to the public's health, safety or general welfare; 4. That the granting of the variance will not be contrary to the objectives of the comprehensive plan; 5. That actions of the applicant did not cause special conditions or financial hardship or inconvenlence from which relief is being sought by variance; and 6. That granting the variance will not permit a prohibited land use in the district involved. B. Denial, If the commission finds, after consideration of the investigator's repon and receipt of testimony at the public hearing, that it cannot make all of the required findings in subsection A of this section it shall deny the variance. 17.66.060 Conditions. The commission, in granting the variance, may establish conditions under which a lot or parcel of land may be used or a building constructed or altered; make requirements as to architecture; height of building or structure, open spaces or parking meas; require conditions of operations of an enterprise; or make any other conditions, requirements or safeguards that it may consider necessary to prevent damage or prejudice to adjacent properties or detrimental to, the borough. When necessary, the commission may require guarantors in such formas deemed proper under the circumstances to ensure that the conditions designated will be complied with. Conditional Use 17.67.020 Application and fee. .. A. An application to the community development dm aliment for a conditional use or modification ofan existing conditional use may be initiated by a property owner or his authorized agent B. An application for a conditional use shall be filed with the department on a form provided The application for a conditional use permit shall be accompanied by a fling fee, established by resolution of the assembly, payable to the borough. 17.67.030 Site plan. A detailed site plan showing the proposed location of all buildings and structures on the site, access points, drainage, vehicular and pedestrian circulation patterns, parking areas, and the specific location of the use or uses to be made of the development shall be submitted with the application, together with other /information as may be tequired to comply with the standards for a conditional use listed in this chapter and in other pertinent sections of this chapter. / 17.67.050 Standards. In granting a conditional use permit, the commission must make the following findings: A. That the conditional use will preserve the value, spirit, character and integrity of the sunoundmg area; B. That the conditional use fulfills all other requirements of this chapter pertaining to the conditional rise in question; C. That granting the conditional use permit will not be harmful to the public health, safety, coamaienee and comfort; D. That the sufficient setbaiks, Ira arta, buffers or other' safeguards are being provided to meet the conditions listed in subsections A through C of 's section; E. If the permit is fora public use or swtture, the commission must fed that the proposed use or structure is located in a manner which will maximi>e public \benefits. �. 17.67.060 Stipulations.' In recommending the granting of a conditional use, the commission shall stipulate, in writing, requirements which it finds necessary to carry out the intent of this chapter. These stipulations may increase the required lot or yard size, control the location and number of vehicular access points to the property, require screening end landscaping where necessary to reduce noise and glare, and maintain the property in a character in keeping with surrounding arta; or may impose other conditionsand safeguards designed to ensure the compatibility of the conditional use with other uses in the district. Public Use Land Zone 17.33.020 Permitted uses. The following land uses are pertained in the public lands district subject to the approval of a detailed site plan by the commission: Zero Lot Unc Development 1734.090 Site plan regnfement. Developments of more than three (3) common -wall svucmrs shall provide a site plan containing the infamwion requited by seedoa 17.67.030 of this tide. Said site plan shall be reviewed and approved by the commission prior to issuance of a building permit Boundary Amendment (Reroninv) 17.72.030 Manner of initiation. Changes in this title may be initiated in the following manner. A. The assembly upon its own motion; B. The commission upon its own motion; and C. By petition of one (1) or more owners of property within an area proposed to be rezoned. A petition shall be in the form of an application for a change in the boundary of a district, shall be filed in the community development department, be accompanied by the required fee and such data and information as may be necessary to assure the fullest practicable presentation of facts and shall set forth reasons and justification for proposing such change. • Revised Jan 2004 Doerment2 LOT 76 PLAT 2009-17 PLAT 92-23 CCESS TO LOT 7 P. AT THAT TIME ATED ANE ANO.- IS PERP.ETU AT .LOTS PLAT- 92-23 Conditional Use Permit Lot 1 Lees Subdivision Applicant Lee Russell, agent Jim Ashford Sept 1,2010 17.67.050 A. The granting of this conditional use permit will advance and improve the use of Lot 1 which for several has been use for the storage of junk, the applicant will improve the area with well kept storage units while uplifting the value, sprit, character and improve the value of the surrounding area. B The granting of this conditional use of this property fulfills all other requirements of this chapter pertaining to the conditional use in question. C The granting of this permit will not be harmful to public health, saftey, convenience and comfort; this project is very low impact on the neighborhood and will improve the safety, connivance and comfort of the neighbors. D This project will abide by all current building regulations as per the City and Borough Building inspectors and permits as per setbacks and other regulations. Respectfully submitted LOT 7B PLAT 2009-17 PLAT 92-23 CCESS TO LOT 7 D AT THAT TIME ,ANE AND 1S PERPETUATED :AT LOT 8 PLAT 92-23 LEGEND = FOUND MONU FOUNDAL3 REI ON 5/8" = SET AL3 OP 5/8" REBAR O COM mAC F f(DA3�n Chapter 17.110 RB — RETAIL BUSINESS DISTRICT Sections: 17.110.010 Description and intent. 17.110.020 Permitted principal uses and structures. 17.110.030 Permitted accessory uses and structures. 17.110.040 Conditional uses. 17.110.050 Minimum lot area and width requirement. 17.110.060 Maximum lot coverage for structures. 17.110.070 Maximum height of structures. 17.110.080 Setbacks from property lines. 17.110.090 Special district regulations. 17.110.100 Fences, parking and signs. 17.110.110 Nonconformities. 17.110.010 Description and intent. , The RB retail business zoning district is established for the purpose of providing for a wide range of retail and service businesses for the consumer population of large segments of the community. Because of the potential for heavy traffic and the appearance and performance of these uses, this district is located on the periphery of residential areas and at the intersections of arterial and major collector streets and roads. [Ord. 92-13 §5, 1992. Formerly §17.25.010]. 17.110.020 Permitted principal uses and structures. The following land uses and activities are permitted in the retail business district: A. Automobile service stations; B. Boardinghouses, hotels and motels; C. Commercial recreational facilities (e.g., health clubs, racquetball courts, ice rinks, etc.); D. Multifamily dwellings (not located on the street level of the structure); E. Parks and playgrounds; F. Retail stores and service shops (e.g., beauty shops, grocery stores, clinics, professional offices, etc.); G. Restaurants and bars; H. Single-family and two-family dwellings, if located within a structure containing a permitted business use, not exceeding 50 percent of the area of the structure, and not located on the street level of the structure; I. Schools/daycare facilities; J. Shopping centers; and K. Theaters, auditoriums, community halls. [Ord. 92-13 §5, 1992. Formerly §17.25.020]. 17.110.030 Permitted accessory uses and structures. The following land uses and activities are permitted in the retail business district: A. Accessory buildings; and B. Outdoor retail display (e.g., small quantities of inventory). [Ord. 92-13 §5, 1992. Formerly §17.25.030]. 2]l DAA all ❑Ab3 17.110.040 Conditional uses. The following land uses and activities may be allowed by obtaining a conditional use permit in accordance with the provisions of Chapter 17.200 KIBC: A. Automobile and boat sales, storage, and repair; B. Churches; C. Institutional facilities (e.g., hospitals, fire stations, group homes, correctional facilities, etc.); D. Outdoor storage, when screened by a sight -obscuring fence a minimum of six feet in height; E. Utility and service uses (e.g., substations, etc.); F. Warehouses; and G. Wholesaling and distributing operations (excluding bulk fuel operations). [Ord. 92-13 §5, 1992. Formerly §17.25.040]. 17.110.050 Minimum lot area and width requirement. There is no minimum lot area or width requirement except as may be required by the State of Alaska Department of Environmental Conservation in areas where community sewer and water is not available. [Ord. 92-13 §5, 1992. Formerly §17.25.050]. 17.110.060 Maximum lot coverage for structures. There is no maximum lot coverage requirement. [Ord. 92-13 §5, 1992. Formerly §17.25.060]. 17.110.070 Maximum height of structures. The maximum height limit for structures in this district is 50 feet. Airport protection and safety regulations may limit building height. jOrd. 92-13 §5, 1992. Formerly §17.25.070]. 17.110.080 Setbacks from property lines. There are no required setbacks in this district. [Ord. 92-13 §5, 1992. Formerly §17.25.080]. 17.110.090 Special district regulations. There are no special regulations for this district. [Ord. 92-13 §5, 1992. Formerly §17.25.090]. 17.110.100 Fences, parking and signs. A. Where a lot in the retail business district is adjacent to a lot in a residential district, the owner of the lot in the retail business district shall be required to erect and maintain a solid, four -foot fence along the property line adjacent to the residential district, from the time the property in the retail business district is developed for any purpose. B. Additional regulations for fences, parking and signs are contained in Chapters 17.54, 17.57, and 17.60 KIBC, respectively. [Ord. 92-13 §5, 1992. Formerly §17.25.100]. 17.110.110 Nonconformities. Regulations for nonconformities (lots, uses and structures) are contained in Chapter 17.140 KIBC. [Ord. 92-13 §5, 1992. Formerly §17.25.110]. e�I This page of the Kodiak Island Borough Code is current through Ordinance FY2009-13, passed December 18, 2008. Disclaimer: The Borough Clerk's Office has the official version of the Kodiak Island Borough Code. Users should contact the Borough Clerk's Office for ordinances passed subsequent to the ordinance cited above. Borough Website: http://www.kodiakak.us/ Telephone number: (907) 486-9310 E1IDA Code Publishing Company Voice: (206) 527-6831 Fax: (206) 527-8411 Email: CPC@codepubiishing.com