LAKESIDE 2ND LT 2A - ZCP 5/31/2016Print Form Submit by Email
KodiaklslandBorough _...__.._...._ _.. _ ___.
Community Development Department
Mill Bay Rd.
m205
diak AK 9965
Ko
Ph. (907) 486 - 9363 Fax (907) 486 - 9396
21508
http://www.kodiakak.us
Zoning Compliance Permit Permit No. BZ2016-080
The following information is to be supplied by the Applicant:
Property Owner / Applicant: Kodiak Island Borough/Duane Dvorak, Resource Management Officer
Mailing Address: 710 Mill Bay Road, Room 101- Kodiak AK 99615
Phone Number: 907-486-9304
Other Contact email, etc.: ddvorak@kodiakak.us
Legal Description: Subdv: Lakeside Subdivision 2nd Addition Block: Lot: 2A
Street Address: 2647 Selief Lane
Use & Size of Existing Structures: Recreational baseball field, related fences, backstop and accessory structures.
Description of Proposed Action: Outdoor storage of up to 21 mobile home within fenced portion of Lot 2A. Mobile homes will be
unoccupied while in storage and will not be connected to any utilities.
Site Plan to include: Lot boundaries and existing easements, existing buildings, proposed location of new construction, access points,
and vehicular parking areas.
Staff Compliance Review: Current Zoning: Public Use KIBC 17.130 PROP -11D 21508
Lot Area: 11.92 acres Lot Width: 60' Bld'g Height: 50'
Front Yard: 25' Rear Yard: 25 ' Side Yard: Not Applicable
Prk'g Plan Rvw? Not Applicable # of Req'd Spaces:
Staff Compliance Review Notes:
Plat / Subdivision Requirements? No principle building exists on the lot and it is not a corner lot, so side yard setbacks for this
zoning district to not apply. The rear yard setback required is 25 percent of the lot's depth, but need not exceed 25 feet. Placement
anywhere within the fenced area meets this rear yard setback requirement. Front yard setbacks do apply. No additional parking needed
for this storage site. Per KIBC 17.130.035, storage of mobile homes as an allowed use in the PL -Public Use Lands District will sunset on
December 31, 2018.
Subd Case No. S95-005 Plat No. 96-11 Bldg Permit No. N/A
Does the project involve NO
an EPA defined facility?
*Commercial buildings, installations (military bases),
institutions (schools, hospitals) and residences with
more than four (4) dwelling units.
Driveway N/A
Permit?
Septic Plan N/A
Approval:
Fire N/A
Marshall:
Proof of EPA notification provided (if required)? N / A
*Required for all demolitions, for renovations disturbing at least 160 square
feet 260 linear feet or 35 cubic feet of Regulated Asbestos Containing Material (RACM), and
for renovations that remove a load -supporting structural member.
No permit will be issued for such proiects without proof of EPA notification
Applicant Certification: 1 hereby certify that I will comply with the provisions of the Kodiak Island Borough Code and that I
have the authority to certify this as the property owner, or as a representative of the property owner. 1 agree to have identifiable
corner markers in place for verification of building setback (yard) requirements.
Attachments? Site Plan
Date: May 31, 2016
List Other: GIS Image of Complete Lot
1
Signature: Duane Dvorak
This permit is only for the proposed project as described by the applicant. If there are any changes to the
proposed project, including its intended use, prior to or during its siting, construction, or operation, contact
this office immediately to determine if further review and approval of the revised project is necessary.
THIS FORM DOES NOT AUTHORIZE CONSTRUCTION WHEN A BUILDING PERMIT IS REQUIRED.
"EXPIRATION. Any zoning compliance permit issued is subject to the same expiration, suspension, and revocation provisions as a
building permit issued for the some construction permit.**
CDD Staff Certification
Date: May 31, 2016
CDD Staff: Sara Mason
Payment Verification Zoning Compliance Permit Fee Payable in Cashier's Office Room # 104 - Main floor of Borough Building
After -the -Fact 2X the published amount
Not Applicable ❑ $0.00 ❑ $0.00
Less than 1.75 acres: ❑
$30.00
❑
$60.00
1.76 to 5.00 acres: ❑
$60.00
❑
$120.00
5.01 to 40.00 acres: ❑X
$90.00
❑
$180.00
40.01 acres or more: ❑
$120.00
❑
$240.00
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Introduced by:
Requested by:
Drafted by:
Introduced:
Public Hearing--
Adopted:
earing:Adopted:
KODIAK ISLAND BOROUGH
ORDINANCE NO. FY2016-03
Borough Assembly
Borough Assembly 1
Planning and Zoning Commission
Community Development
Department
07/30/2015
08/06/2015
08/06/2015
AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND
BOROUGH AMENDING KODIAK ISLAND BOROUGH CODE OF
ORDINANCES TITLE 17 ZONING, CHAPTER 17.60 C -
CONSERVATION AND CHAPTER 17.130 PL- PUBLIC USE LANDS
DISTRICT TO ALLOW THE TEMPORARY STORAGE OF MOBILE
HOMES DISPLACED UNDER ALASKA STATUTES 34.03.225 TO BE
STORED ON SITES ZONED C -CONSERVATION OR PL -PUBLIC USE
LANDS
WHEREAS, as a second class Borough, the Kodiak Island Borough excercises
planning, platting, and land use regulations on an area wide basis pursuant to Alaska
Statutes (AS) Chapter 29.40; and
WHEREAS, in accordance with AS 29.40, the Borough adopted Ordinance No. FY2008-
10 Kodiak Island Borough 2008 Comprehensive Plan Update on December 6, 2007
replacing the 1968 Comprehensive Plan; and
WHEREAS, the Borough has adopted KIBC Title 17 Zoning in accordance with AS
29.40 to implement the Kodiak Island Borough Comprehensive Plan; and
WHEREAS, KIBC 17.205.010 provides that "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;" and
WHEREAS, the recent announced closure of Jackson's Mobile Home Park pursuant to
AS 34.03.225 (a)(4) will result in nearly 100 families being forced to relocate; and
WHEREAS, many of the mobile homes in question may not be able to be moved due to
age, structural condition, or modifications over time; and
WHEREAS, recent public comments noted that some mobile home owners may need a
temporary location to store their mobile homes until a permanent location is found; and
WHEREAS, there may be space available on C -Conservation zoned land or publicly
owned land that is zoned PL -Public Use Lands to accommodate temporary storage of
mobile homes if the Conservation or Public Use Lands zoning regulations permitted such
storage; and
Kodiak Island Borough, Alaska Ordinance No. FY2016-03
Page 1 of 9
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 to review
62 the proposed changes to KIBC Chapters 17.50 and 17.130 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
73 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
Non conformities.
Kodiak Island Borough, Alaska Ordinance No. FY201&03
Page 2of9
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.
111
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 Sharatin Bay to the mouth of Wild Creek in Ugak Bay, and including Chirikof
120 Island and Sitkinak Island;
121 C. Commercial fishing activities and related structures, including mariculture 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 dwellings/recreational 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 I. Churches;
131 J. Bed and breakfasts;
132 K. Vacation homes; and
133 L. Hoop houses.
134
135 17.50.030 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
138 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.
Kodiak Island Borough, Alaska Ordinance No. FY2016-03
Page 3 of 9
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;
151 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 timber 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 in the public lands district subject to
163 approval of the property owner and any conditions 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.
I67 B. This provision shall sunset on December 31, 2018.
I68
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
176 five 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.
Kodiak Island Borough, Alaska Ordinance No. FY2016-03
Page 4 of 9
189 1. There is a required setback (preventing clearing, 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 timber
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 hydra 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 state 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
Kodiak Island Borough, Alaska Ordinance No. FY2016-03
Page 5 of 9
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 Nonconformities.
239 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 property 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 feet, 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 institutional 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
Kodiak Island Borough, Alaska Ordinance No. FY2016-03
Page 6 of 9
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
348 G. Radio and television transmitters.
309
310 17.130.035 Temporary Uses.
311 The following land uses may be allowed in the public lands district subject to
312 approval of the property owner and any conditions related to such storage
313 established by the owner:
314 A. Storage of mobile homes displaced by closure of a mobile home park pursuant to
315 AS. 34.03.225.
316 B. This provision shall sunset on December 31, 2018.
317
318 17.130.040 Area requirements.
319 A. Lot Area. The minimum lot area required is 7,200 square feet.
320 B. Lot Width. The minimum lot width required is 60 feet.
321
322
323
Kodiak Island Borough, Alaska Ordinance No. FY2016-03
Page 7 of 9
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 corner 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 SIXTH DAY OF AUGUST, 2015
339
340
341 KODIAK ISLAND BOROUGH
342
343 '
344
345 Jerrol Friend, Borough Mayor
346
347 ATTEST:
348
349
350
351 Nova M. Javier, MMC, orough Clerk
352
Kodiak Island Borough„ Alaska Ordinance No. FY2016-03
Page 8 of 9
353
EXHIBIT A
354 Planning and Zoning Commission adopted Findings of Fact for Kodiak Island Borough
355 Ordinance No. FY2016-03.
356 FINDINGS OF FACT (KIBC17.205.020)
357
1.
The announced closure of Jackson's Mobile Home Park will force mobile home
358
owners in the park to relocate their homes. Since there are limited locations for
359
displaced mobile homes to relocate to, there may be a need for temporary
360
storage of mobile homes until the owners are able to secure a permanent
361
location.
362
2.
There is a lack of readily available land that is designated for any new mobile
363
home park.
364
3.
Currently, outdoor storage is only allowed in the business and industrial zoning
365
districts. The zoning code amendments will now allow the temporary storage of
366
displaced mobile homes in the C -Conservation and PL -Public Use Lands
367
zoning districts.
368
4.
The proposed amendments to KIBC Title 17 Zoning, Chapters 17.50 C-
369
Conservation and 17.130 PL -Public Use Lands are consistent with
370
Comprehensive Plan Goals and Polices related to affordable housing.
371
5.
The Planning and Zoning Commission recommends approval of the code
372
amendments.
373
Kodiak Island Borough, Alaska Ordinance No. FY2016-03
Page 9 of 9