2017-08-10 Work Session
Kodiak Island Borough
Assembly Work Session
Thursday, August 10, 2017, 6:30 p.m.
School District Conference Room
Work Sessions are informal meetings of the Assembly where Assembly members review the upcoming regular
meeting agenda packet and seek or receive information from staff. Although additional items not listed on the work
session agenda are discussed when introduced by the Mayor, Assembly, or staff, no formal action is taken at work
sessions and items that require formal Assembly action are pla
Page
1. (Limited to Three Minutes per Speaker)
2. AGENDA ITEMS
a. Overview Of the OpenGov Performance Management System
3 - 91 b. Chicken Ordinance Discussion
Ordinance No FY2018-03 and Backup - Pdf
92 - 124 c. Small Lot Subdivisions
Ordinance No. FY2018-02 and Backup - Pdf
125 - 129 d. Administrative Variances Discussion
Admin Variance Discussion - Pdf
Adminstrative Variance ASReference
Discussion of Notification For Land Use Actions and Other
130 - 149 e.
Administrative Processes Associated With Land Use Actions
(Notice Requirements)
Land Use Administration Packet - Pdf
Land Use PowerPoint 8.10.17 WS
3. PACKET REVIEW
PUBLIC HEARING
Ordinance No. FY2018-05
Amending The 2008 Comprehensive Plan
By Changing The Future Land Use Designation Of Lot 1A, Block 3,
Tract A, Larsen Bay Subdivision from Residential to Mixed
Commercial/Waterfront/Residential (P&Z Case No. 17-025).
Ordinance No. FY2018-06
Rezoning Lot 1A, Block 3, Tract A, Larsen
Bay Subdivision From R1-Single-Family Residential District To B-
Business District (P&Z Case No. 17-026).
Visit our website at
www.facebook.com/Kodiakislandborough@KodiakBorough
www.kodiakak.us
Page 1 of 150
Ordinance No. FY2018-07
Rezoning Lot 4, Block 19, Tract A, Larsen
Bay Subdivision From R1-Single-Family Residential District To B-
Business District (P&Z Case No. 17-030).
UNFINISHED BUSINESS
Ordinance No. FY2017-30
Amending Sections Of Kodiak Island
Borough Code Title 18 Borough Real Property, Chapter 18.20 Real
Property Disposal In General, To Address Certain Payment And
Notice Requirements.
ORDINANCES FOR INTRODUCTION
Ordinance No. FY2018-03
Amending Titles 6 (Animal Control) and 17
(Zoning) Broadening Animal Control Laws, Creating An Urban
Agricultural Use And Establishing The Use As Permitted In The R1-
Single-Family Residential, R2-Two-Family Residential, and R3-Multi-
Family Residential Zoning Districts, And Establishing General
Agricultural Activities As A Permitted Use In The RR-Rural Residential
Zoning District.
Ordinance No. FY2018-02
Amending Title 17 KIBC (Zoning) By Adding
Chapter 17.77 KIBC (RSL-Residential Small Lot Single-Family District).
OTHER ITEMS
Donation
Approval Of Of Borough Owned Alutiiq Artifacts To The Alutiiq
Museum.
4.
5.
6.
7. ASSEMBLY MEMBERS COMMENTS
8. SUPPLEMENTAL PAGES
Sign in sheet
150 a.
Visit our website at
www.facebook.com/Kodiakislandborough@KodiakBorough
www.kodiakak.us
Page 2 of 150
AGENDA ITEM #2.b.
KODIAK ISLAND BOROUGH
STAFF REPORT
AUGUST 17, 2017
ASSEMBLY REGULAR MEETING
Ordinance No. FY2018-03 Amending Titles 6 (Animal Control) and 17 (Zoning)
SUBJECT:
Broadening Animal Control Laws, Creating An Urban Agricultural Use And
Establishing The Use As Permitted In The R1-Single-Family Residential, R2-
Two-Family Residential, and R3-Multi-Family Residential Zoning Districts, And
Establishing General Agricultural Activities As A Permitted Use In The RR-
Rural Residential Zoning District.
ORIGINATOR:
Sara Mason
RECOMMENDATION:
Move to adopt Ordinance No. FY2018-03.
DISCUSSION:
Ordinance No. FY2017-17 was passed in October 2016, placing a moratorium on the
enforcement of land use regulations prohibiting the keeping of chickens and other small
animals useful to people. P&Z and staff were directed to review Titles 6 and 17 and provide
proposed changes to the Assembly.
Several P&Z work sessions (February, March, June, and July) and two public meetings
(March and May) have been held to discuss urban agriculture in Kodiak.
After a public hearing in July, P&Z voted to forward Ordinance No. FY2018-03 to the
Assembly for consideration and approval.
ALTERNATIVES:
FISCAL IMPACT:
OTHER INFORMATION:
Kodiak Island Borough
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Chicken Ordinance Discussion
AGENDA ITEM #2.b.
Kodiak Island Borough
Community Development Department
710 Mill Bay Road
Kodiak, Alaska 99615
Phone (907) 486-9363 Fax (907) 486-9396
www.kodiakak.us
Date:
July 25, 2017
To:
Borough Assembly
From:
Community Development Director
RE:
Chicken Ordinance Update
Below is a timeline for the development of Ordinance No. FY2018-03.
October 2016Borough Assembly passed Ordinance No. FY2017-17. What came of this
was: 1) a moratorium on enforcement of land use laws prohibiting small livestock 2) a
review of Title 17 (Zoning) and 3) a review of Title 6 (Animal Control).
February 2017
March 2017A public meeting was held to solicit comment from Kodiak residents. A
survey was also distributed and made available to all Kodiak residents. A summary of
the public meeting was verbally provided to P&Z at their work session and staff was
directed to draft an ordinance based on public input. Later in the month the
Community Development Director met with Assembly members Crow and Van Daele
to discuss the ordinance.
April 2017Staff drafted Ordinance No. FY2018-03.
May 2017Staff participated in the Talk of the Rock radio program on KMXT and held a
second public meeting the following week.
June 2017Staff provided P&Z a summary of the public meeting and presented P&Z
with a draft ordinance for discussion. P&Z made change to the ordinance and
directed staff to place Ordinance No. FY2018-
meeting.
July 2017P&Z further discussed the ordinance at their work session and subsequently
passed the ordinance at their regular meeting.
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Chicken Ordinance Discussion
AGENDA ITEM #2.b.
Below is a summary of the proposed changes to Titles 6 and 17.
Title 6
-
-Language has been added to address animal enclosures and signage on
electric fencing.
-Language has been added requiring animal owners to control animal waste on
their property.
Title 17
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-
RR-Rural Residential district
o
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40,000 feet when there is a single-family residence on the property, in the:
R1-Single-Family Residential district
o
R2-Two-Family Residential district
o
R3-Multi-Family Residential district
o
-
in the:
R1-Single-Family Residential district
o
R2-Two-Family Residential district
o
R3-Multi-Family Residential district
o
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Chicken Ordinance Discussion
AGENDA ITEM #2.b.
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Introduced by:P&Z Commission
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Drafted by:CDD Director
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Introduced on:8/17/2017
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Public Hearing Date:
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Adopted on:
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KODIAK ISLAND BOROUGH
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ORDINANCENO. FY2018-03
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AN ORDINANCEOF THE ASSEMBLY OF THE KODIAK ISLANDBOROUGH AMENDING
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TITLE 6 ANIMAL CONTROL AND TITLE 17 ZONING TO ALLOW FOR CERTAIN
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AGRICULTURAL ACTIVITIES IN RESIDENTIAL ZONING DISTRICTS
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WHEREAS,
as a second class Borough, the Kodiak Island Borough exercises planning,
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platting, and land use regulations on an area wide basis pursuant to Chapter 29.40 Alaska
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Statutes; and
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WHEREAS,
in accordance with AS 29.40, the Kodiak Island Borough adopted the 2008
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Comprehensive Plan update on December 6, 2007 (Ordinance No. FY2008-10) to replace the
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1968 Comprehensive Plan; and
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WHEREAS,
the Kodiak Island Borough has adopted KIBC Title 17 (Zoning) in accordance
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with AS 29.40 to implement the Kodiak Island Borough Comprehensive Plan; and
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WHEREAS,
KIBC 17.205.010 provides that “Whenever the public necessity, convenience,
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general welfare or good zoning practice requires, the assembly may, by ordinance and after
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report thereon by the commission and public hearing as required by law, amend, supplement,
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modify, repeal or otherwise change these regulations and the boundaries of the districts”; and
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WHEREAS,
there has been a noted increase in the keeping of chickens and other small
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animals useful to people in residential zoning districts within the Kodiak Island Borough;and
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WHEREAS,
the keeping of chickens and other animals useful to people is an agricultural
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activity as defined by KIBC 17.25.020(A); and
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WHEREAS,
agricultural activities are listed as a permitted use in the RR1-Rural Residential
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One, RR2-Rural Residential Two, and C-Conservation Districts; and
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WHEREAS,
agricultural activities are not listed as a permitted use in the RR-Rural
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Residential, R1-Single-Family Residential, R2-Two-Family Residential, andR3-Multi-Family
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ResidentialDistricts and are therefore prohibited per KIBC 17.15.080; and
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WHEREAS,
the Borough Assembly recognizes that some agricultural activities may conflict
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with the character and intensity of some rural and urban residential zoning districts; and
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Kodiak Island Borough, AlaskaOrdinance No. FY2018-03
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Chicken Ordinance Discussion
AGENDA ITEM #2.b.
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WHEREAS,
the Borough Assembly recognizes that residents rely on the keeping of chickens
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and other small animals useful to people to supplement their sustenance and income; and
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WHEREAS,
having reliable access to a variety of locally-produced food resources will directly
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benefit the entire Kodiak Island Borough; and
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WHEREAS,
in accordance with AS 29.40.020 the Planning and Zoning Commission
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discussed the proposed changes to Title 17 (Zoning) at work sessions and regular meetings on
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February 8, 2017, March 8, 2017, June 14, 2017,July 12, 2017, and July 19, 2017; and
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WHEREAS,
the Planning and Zoning Commission, following public hearing at the July 19,
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2017 regular meeting, voted to transmit their recommendations for revisions to Title 17 to the
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Borough Assembly; and
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WHEREAS,
the Borough Assembly discussed the proposed changes to Titles 6 and 17 at
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work sessions and regular meetings on April 13, 2017, August 10, 2017, August 17, 2017,
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August 31, 2017, and September 7, 2017; and
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WHEREAS,
the Borough Assembly, followingapublic hearing at theSeptember 7, 2017
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regular meeting, voted to adopt Ordinance FY2018-03; and
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NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND
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BOROUGH THAT:
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Section 1:
This ordinance is of a general and permanent nature and shall become a part of the
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Kodiak Island Borough Code of Ordinances.
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Section 2:
That Title 6 Animal Control and Title 17 Zoningof the Kodiak Island Borough Code
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of Ordinances areamended to read as follows:
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CHAPTER 6.04
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ANIMAL CONTROL
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6.04.040 Live traps.
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animals
A. Intentional capture of domestic dogs and cats by live traps is prohibited unless the
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person using the trap notifies the animal control officer.
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animals
B. All domestic dogs and catsthat are live trapped must be turned over to the animal
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control officer or impounded. If a trapped animal has injured itself in a severe manner, or if the
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trapped animal poses an immediate threat to a person, then upon notification to the animal
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control officer, a person may humanely destroy the live-trapped animal. This subsection is
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waived in communities not serviced by an animal shelter.
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6.04.080 Annoying animals.
Kodiak Island Borough, AlaskaOrdinance No. FY2018-03
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Chicken Ordinance Discussion
AGENDA ITEM #2.b.
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animal
No person may keep anycanine or felinethat makes noise with such frequency and/or
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volume as to cause actual interference with normal sleeping hours (10 p.m. until 6 a.m.) or
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reasonable right of peace to a person.
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6.04.100 Control of animals.
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A. The owner or custodian of a fierce, dangerous, or vicious animal shall confine the animal
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within a building or secure enclosure and shall not take the animal out of such building or
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enclosure unless the animal is muzzled and otherwise secured to prevent attacks or feigned
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attacks.
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B. A dog or other animal that is unrestrained and not under the immediate control of its owner
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shall be impounded by a peace officer or animal control officer when found at large on the
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streets, alleys, or public places within the borough, or on private property in the borough if the
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officer has the permission of the owner or occupant of the property.
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C. The owner of a female dog in heat or during ovulation shall keep and maintain the animal
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confined in a building or secure enclosure, or in a veterinary hospital or boarding kennel, in such
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manner that the female dog cannot come in contact with a male dog except for planned
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breeding purposes.
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D. The owner of animals including cattle, horses, sheep, goats, or other large farm animals shall
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be responsible for their animals. Owners shall pay the cost of removal of dead animals or
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animals doing property damage.
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E. No person may keep or maintain a horse, cow, sheep, goat, pig, or other large farm animal
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within the borough unless the animal is maintained within a fenced area which is owned or
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leased by the owner or custodian of the animal and which is not occupied by residential
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buildings other than the one occupied by the owner or custodian of the animal. Holders of
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authorized state grazing leases are exempted from this subsection for parcels of land in excess
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of 20acres.
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F. Livestock (including domestic fowl such as ducks, geese, and chickens) raised and
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kept in residential zoning districts must be completely enclosed in a fenced area that is
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of suitable height and construction to contain the animal(s), and minimize potential
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adverse impacts to public health, safety, and welfare. When used, electrified fencing
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must display adequate warning signage around the perimeter.
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6.04.110 Animal waste
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A.
A person owning or having custody of any animal, shall remove and dispose in a sanitary
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manner, of any and all feces and other animal litter deposited by the animal on developed or
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.
regularly maintained public areas or on any property without the owner’s consent,other than the
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animal owner’s property.
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AGENDA ITEM #2.b.
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B. On private property, animal owners shall remove and dispose of feces and other
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animal litter to the extent that animals are provided sanitary living conditions and that
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extreme objectionable odorcannot bedetected from adjacent properties.
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CHAPTER 17.25
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DEFINITIONS
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Chapter 17.25.020 A definitions.
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“Agricultural activities” means the production, keeping, or maintenance, for sale, lease, or
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personal use, of plants and animals useful to people.This does not include any uses involving
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or related to commercial marijuana activities.
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“Agricultural activities, Urban”means the production, keeping, or maintenance, for sale,
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lease, or personal use, of plants and small animals useful to people.This does not
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include any uses involving or related to commercial marijuana activities. Small animals
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includes domestic fowl(except peacocks and roosters), fur and meatanimals such as
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rabbits and guinea pigs, and small hooved animals such as pigs,goats, and sheepfrom
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breeds typically not to exceed 27 inches in height or 150 pounds in weight. Large farm
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animals such as cows and horses are excluded from the urban agricultural use.
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“Airport elevation” means the established elevation of the highest point of the usable landing
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area.
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Airport, Municipal. “Municipal airport” means the City of Kodiak Municipal Airport and Lilly Lake.
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Airport, Utility. “Utility airport” means any airport in the borough designed and/or constructed to
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serve aircraft in approach category A (speed less than 91 knots).
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“Alley” means a public way designed and intended to provide only a secondary means of
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access to any property abutting thereon.
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“Alteration” means any change, addition, or modification in the construction, location,or use
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classification.
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Apartment House. For “apartment house,” see “Dwelling, multiple-family,” KIBC 17.25.050.
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“Approach surface” means an approach surface longitudinally centered on the extended runway
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centerline and extending outward and upward from each end of a runway. The inner edge of the
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approach surface is the same width as the runway and it expands uniformly to a width of 1,500
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feet of each end of the runway. The approach surface extends for a horizontal distance of 5,000
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feet at a slope of 20:1.No building or structure may be constructed or erected nor may any
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other object be stored or placed in such a manner as to protrude into the approach surfaces.
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A. The approach surfaces for the municipal airport extend upward and outward from the south
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endof the existing lake surface (towards Larch Street) and the north end of the gravel runway
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(Von Scheele Way) only.
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“Automobile wrecking” means the dismantling of used motor vehicles or trailers or the storage or
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sale of parts from dismantled or partially dismantled, obsolete, or wrecked vehicles.
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CHAPTER 17.65
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RR–RURAL RESIDENTIAL DISTRICT
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17.65.020 Permitted principal uses and structures.
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The followingland uses and activities are permitted in the rural residential district:
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A. Single-family dwellings;
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B. Vacation homes;
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C. Bed and breakfasts; and
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; and
D. Hoop houses.
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E. Agricultural buildings and activities.
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CHAPTER 17.75
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R1 –SINGLE-FAMILY RESIDENTIAL DISTRICT
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17.75.020 Permitted uses.
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The followingland uses and activities are permitted in the single-family residential district:
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A. Accessory buildings;
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B. Churches;
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C. Greenhouses;
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D. Home occupations;
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E. Parks and playgrounds;
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F. Single-family dwellings;
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G. Hoop houses;and
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;
H. Accessory dwelling units (ADUs) (attached).
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I.Urban agricultural buildings and activities;and
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J.Agricultural buildings and activities (lots equal to or greater than 40,000 square feet).
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Chapter 17.80
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R2 –TWO-FAMILY RESIDENTIAL DISTRICT
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17.80.020 Permitted uses.
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The following land uses are permitted in the two-family residential district:
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A. Accessory buildings;
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B. Beauty shops;
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C. Churches;
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D. Clinics;
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E. Greenhouses;
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F. Home occupations;
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G. Hospitals;
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H. Parks and playgrounds;
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I. Professional offices;
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J. Schools;
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K. Single-family dwellings;
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L. Two-family dwellings;
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M. Vacation homes;
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N. Bed and breakfasts;
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O. Hoop houses; and
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AGENDA ITEM #2.b.
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;
P. Accessory dwellings units when there is a single-family residence on the property.
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Q. Urban agricultural buildings and activities;and
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R. Agricultural buildings and activities (lots equal to or greater than 40,000 square feet
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when there is a single-family residence on the property).
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CHAPTER 17.85
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R3 –MULTI-FAMILY RESIDENTIAL DISTRICT
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17.85.020 Permitted uses.
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The following land uses arepermitted in the multifamily residential district:
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A. Accessory buildings;
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B. Beauty shops;
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C. Boardinghouses;
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D. Churches;
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E. Clinics;
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F. Greenhouses;
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G. Home occupations;
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H. Hospitals;
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I. Multifamily dwellings;
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J. Parks and playgrounds;
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K. Professionaloffices;
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L. Schools;
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M. Single-family dwellings;
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N. Two-family dwellings;
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O. Vacation homes;
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P. Bed and breakfasts;
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Q. Mobile home parks; and
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;
R. Hoop houses.
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S. Urban agricultural buildings and activities;and
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T.Agricultural buildings and activities (lots equal to or greater than 40,000 square feet
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when there is a single-family residence on the property).
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Effective Date:
This ordinance takes effect upon adoption. (Note: KIBC 2.30.070 states an
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ordinance takes effect upon adoption or at a later date specified in the ordinance.)
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ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
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THIS __________ DAY OF _______________,2017.
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KODIAK ISLAND BOROUGHATTEST:
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______________________________________________________
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Daniel A. Rohrer,MayorNova M. Javier, MMC, Clerk
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VOTES:
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Ayes:
270
Noes:
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AGENDA ITEM #2.b.
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AGENDA ITEM #2.b.
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Chicken Ordinance Discussion
AGENDA ITEM #2.b.
Land Use Goal:
Policy:
Policy:
Implementation Action:
Land Use Goal:
Policy:
Economic Goal:
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Chicken Ordinance Discussion
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AGENDA ITEM #2.b.
In October 2016 the Borough Assembly passed Ordinance No. FY2017-17. This
ordinance did two things:
1) Placed a moratorium on the enforcement of land use regulations prohibiting
the keeping of chickens and other small animals useful to people on urban
residential lots (roosters were not included in the moratorium); and
2) Directed the Planning and Zoning Commission to conduct a review of Title 17
(Zoning) regulations relating to the keeping of small animals useful to people on
residential lots.
During this meeting, staff was directed to do the following:
1) Conduct a review of Title 6 (Animal Control) concurrently with the Planning
and
Review of Titles 6 and 17 must be completed and, if applicable, adopted by April 2018.
In the absence of adopted amendments, the moratorium will expire in October 2018
and existing Borough Code will once again be enforced.
Ordinance No. FY2017-17 was enacted in response to several community members
voicing concerns over the enforcement of Borough land use codes which prohibit the
keeping of small livestock in urban residential zoning districts.
g and Zoning Commission at a
work session on February 8, 2017.
A public meeting was held March 4, 2017. At this meeting the consensus among
attendees was that:
1) The keeping of small animals useful to people should be allowed in all
residential zoning districts.
2) The keeping of these animals, aside from their being listed as a permitted use,
should not be regulated by land use codes.
1
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AGENDA ITEM #2.b.
3) The keeping of these animals should be regulated by Title 6 and should focus
on animal welfare and nuisance regulations.
Public input was also solicited by written survey from March 4, 2017 to March 20, 2017.
are available in the Community Development Department. The results of the
community survey indicate that survey respondents generally are in agreement with
the consensus reached at the March 4, 2017 public meeting.
g and Zoning Commission
at its March 8, 2017 work session. A verbal summary of the public meeting and survey
results to-date were given and, after discussion, staff was directed to begin drafting an
ordinance based on public input.
Assembly members Kyle Crow and Matt Van Daele met with the Community
Development Director on March 28, 2017 to present proposed language to be
included in the draft ordinance.
On May 9, 2017 staff participated in the Talk of the Rock radio program on KMXT to
discuss the proposed ordinance and the keeping of small livestock in residential areas.
A second public meeting was held on May 16, 2017 to solicit public feedback on the
ordinance drafted by staff. Feedback at this meeting was positive and no changes
have been made to the draft ordinance since the public meeting.
A summary of the proposed changes to Title 17 are below:
-A new use was added.
-The proposed definition of this use is:
the production, keeping, or maintenance, for sale, lease, or personal use, of
plants and small animals useful to people. Small animals includes domestic fowl
(except peacocks and roosters), fur and meat animals such as rabbits and
guinea pigs, and small hooved animals such as pigs and goats from breeds
typically not to exceed 27 inches in height or 150 pounds in weight. Large farm
animals such as cows and horses are excluded from the urban agricultural use.
Sheep are permitted when being kept in conjunction with 4-H activities.
-The urban agricultural activities use has been added as a permitted use in the R1
Single-Family Residential, R2 Two-Family Residential, R3 Multi-Family
Residential, and RR Rural Residential zoning districts.
2
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March 4, 2017
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Chicken Ordinance Public Meeting Survey
MARCH 20, 2017
**PLEASE RETURN BY **
currently
March 4, 2017
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MARCH 20, 2017
**PLEASE RETURN BY **
March 4, 2017
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Sara Mason
From:Bo whiteside <fishfreak13@hotmail.com>
Sent:Thursday, February 23, 2017 1:45 PM
To:Sara Mason
Subject:Chicken Ordinance meeting
Follow Up Flag:Follow up
Flag Status:Flagged
IĻƌƌƚ͵aǤƓğƒĻźƭ.ƚŷźƷĻƭźķĻ͵aǤǞźŅĻğƓķLƆǒƭƷƩĻƌƚĭğƷĻķƷƚƷŷĻźƭƌğƓķğƓķǞĻŷğǝĻƦǒƩĭŷğƭĻķğŷƚƒĻ
ƚǒƷƷƚǞğƩķƭƭƦƩǒĭĻĭğƦĻƷŷğƷźƭķǒĻƷƚĬĻŅźƓźƭŷĻķƓĻǣƷƒƚƓƷŷ͵ĻǞźƌƌĬĻƚǒƷƚŅƷƚǞƓǞŷĻƓƷŷźƭƒĻĻƷźƓŭ
ƷğƉĻƭƦƌğĭĻͲĬǒƷǞĻγƩĻŷƚƦĻŅǒƌƷŷğƷĭǒƩƩĻƓƷƩĻƭƷƩźĭƷźƚƓƭƩĻŭğƩķźƓŭĭĻƩƷğźƓğƓźƒğƌƭƩĻƒğźƓğƓķğƩĻĻƓŅƚƩĭĻķ͵
ĻğƩĻŅźƓĻǞźƷŷğƌƌƚǞźƓŭƚǒƩƓĻźŭŷĬƚƩƭƷŷĻğĬźƌźƷǤƷƚƉĻĻƦƌğǤźƓŭŷĻƓƭƷƚƦƩƚǝźķĻƷŷĻƒǞźƷŷŅƩĻƭŷ
Ļŭŭƭ͵IƚǞĻǝĻƩͲƷŷĻƩĻğƩĻƭĻǝĻƩğƌŷƚƒĻƭƭĭğƷƷĻƩĻķğƩƚǒƓķƷƚǞƓƷŷğƷğƩĻƉĻĻƦźƓŭƩƚƚƭƷĻƩƭͲƷǒƩƉĻǤƭͲğƓķĻǝĻƓ
ŅǒƌƌŭƩƚǞƓŷƚŭƭ͵ŷĻǤğƩĻĻǣƷƩĻƒĻƌǤƌƚǒķğƓķķźƭƩǒƦƷźǝĻ͵LƷƉĻĻƦƭƦĻƚƦƌĻğǞğƉĻğƓķķĻƭƷƩƚǤƭğƓǤƭƚƩƷƚŅ
ƷƩğƓƨǒźƌźƷǤƷŷĻƩĻƚƓĭĻǞğƭźƓƷŷĻğƩĻğ͵
tƌĻğƭĻƷğƉĻƷŷźƭğƭƚǒƩźƓƦǒƷƚƓƷŷĻƒğƷƷĻƩ͵\[ğǤźƓŭŷĻƓƭğƩĻƩĻğƭƚƓğĬƌĻͲĬǒƷŷğǝźƓŭƌƚǒķͲƒźƓźŅğƩƒƭźƓƷƚǞƓźƭ
ķĻŅźƓźƷĻƌǤƓƚƷ͵ŷĻŅƌğƷƭͲaƚƓğƭŷƉğͲĻƷĭ͵ğƩĻƷŷĻğƦƦƩƚƦƩźğƷĻƦƌğĭĻƭŅƚƩŷğǝźƓŭğŅğƩƒǞźƷŷƷŷĻƭĻƌƚǒķğƓźƒğƌƭ
ǞŷĻƩĻŷƚƒĻƭğƩĻƭƦƩĻğķƚǒƷǝĻƩƭǒƭźƓƷƚǞƓǞŷĻƩĻźƷķźƭƩǒƦƷƭƓǒƒĻƩƚǒƭŷƚƒĻƭƆǒƭƷƭƚƚƓĻĭğƓŷğǝĻƷŷĻƭĻ
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1
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Sara Mason
From:Penny Puhak <pkpuhak@gmail.com>
Sent:Friday, February 24, 2017 9:52 AM
To:Sara Mason
Subject:Chicken ordinance
Follow Up Flag:Follow up
Flag Status:Flagged
Hello. I am a borough resident and I have chickens. I am a responsible poultry owner and a dedicated organic
gardener. I want to speak out in support of myself and others who prefer not to buy factory farm birds and eggs.
Please amend the ordinance to allow responsible bird ownership on land in and out of the city, with the
exception of roosters in city limits. All of our neighbors here have birds and other farm animals and we are all
good caretakers of our animals.
I will not be in Kodiak on March 4 so will not be able to attend the meeting.
Thank you for your consideration
Penny K Puhak
1
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Sara Mason
From:Jonathan Strong <jonjstrong@ymail.com>
Sent:Monday, February 27, 2017 1:56 PM
To:Sara Mason
Subject:March 4th Chicken Meeting
Good Afternoon Sara,
Thank you very much for doing all the research and presenting at the public meeting this Saturday. If
I can't make it to the meeting I'd just like to add my opinion to the discussion.
Keeping small livestock including chickens is very important for a community such as Kodiak where
we depend too much on shipments of food. In my opinion, allowing residents to produce as much of
their own food supply within their property is a great thing. I live in the borough and have neighbors
with chickens, they are not a nuisance at all and I appreciate them.
In the future I hope to have small livestock of my own. Thank you for your service.
Sincerely,
Jonathan Strong
Strong Solutions
PO BOX 1024
Kodiak, AK 99615
(907) 654-5546
1
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KODIAK ISLAND BOROUGH
STAFF REPORT
AUGUST 17, 2017
ASSEMBLY REGULAR MEETING
SUBJECT:
Ordinance No. FY2018-02 Amending Title 17 KIBC (Zoning) By Adding
Chapter 17.77 KIBC (RSL-Residential Small Lot Single-Family District).
ORIGINATOR:
Jack Maker
RECOMMENDATION:
Move to adopt Ordinance No. FY2018-02 in first reading to advance to public hearing at the
next regular meeting of the Assembly.
DISCUSSION:
The Borough has noted a growing public awareness of the need for additional housing
options in Kodiak. Allowing development of single-family dwellings on smaller lots in the
Borough may be one part of a regulatory solution to address this multi-faceted issue.
Current Title 17 KIBC (Zoning) requires a minimum lot area of 7,200 square feet in those
urban residential zoning districts that allow development of single-family dwellings (R1-Single
Family Residential, R2-Two-Family Residential, and R3-Multifamily Residential Districts).
Staff research shows that 3,600 square foot lots are capable of accommodating such
development while providing sufficient yard setbacks and off-street parking. Given this
information, creating a new urban residential zoning district that allows the development of
single-family dwellings on smaller lots will reduce associated land costs and encourage
construction of smaller housing types in that new district. Accordingly, the public necessity,
convenience, and general welfare of the community will be better served by amending Title
17 KIBC (Zoning) to include a new zoning district that specifies the regulatory requirements
for development of single-family dwellings on smaller lots in the Borough.
Since October 7, 2015, the Planning and Zoning Commission has held 13 work sessions and
3 public hearings on the proposed amendment. Following a public hearing held during the
May 17, 2017 regular meeting, the Planning and Zoning Commission voted unanimously to
recommend that the Assembly approve the provided ordinance.
ALTERNATIVES:
FISCAL IMPACT:
None
OTHER INFORMATION:
Kodiak Island Borough
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Introduced by: P&Z Commission
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Drafted by: CDD
3
Introduced on:
4
Public Hearing Date:
5
Adopted on:
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KODIAK ISLAND BOROUGH
8
ORDINANCE NO. FY2018-02
9
10
AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDING
11
TITLE 17 KIBC (ZONING) BY ADDING CHAPTER 17.77 KIBC (RSL-RESIDENTIAL SMALL
12
LOT SINGLE-FAMILY DISTRICT) TO CREATE A NEW ZONING DISTRICT THAT WILL
13
ALLOW DEVELOPMENT OF SINGLE-FAMILY DWELLINGS ON SMALLER LOTS IN THE
14
BOROUGH (P&Z CASE NO. 17-014)
15
16
WHEREAS,
as a second class Borough, the Kodiak Island Borough exercises planning,
17
platting, and land use regulations on an area wide basis pursuant to Chapter 29.40 Alaska
18
Statutes (AS); and
19
20
WHEREAS,
in accordance with AS 29.40, the Kodiak Island Borough adopted the 2008
21
Comprehensive Plan update on December 6, 2007 (Ordinance No. FY2008-10) to replace the
22
1968 Comprehensive Plan; and
23
24
WHEREAS,
the Kodiak Island Borough has adopted Title 17 (Zoning) of the Kodiak Island
25
Borough Code (KIBC) in accordance with AS 29.40 to implement the Kodiak Island Borough
26
Comprehensive Plan; and
27
28
WHEREAS,
KIBC 17Whenever the public necessity, convenience,
29
general welfare or good zoning practice requires, the assembly may, by ordinance and after
30
report thereon by the commission and public hearing as required by law, amend, supplement,
31
modify, repeal or otherwise change these regulations and the boundaries of the districts; and
32
33
WHEREAS,
there is a growing public awareness of the need for additional housing options in
34
Kodiak; and
35
36
WHEREAS,
allowing development of single-family dwellings on smaller lots in the Borough may
37
be one part of a regulatory solution to address this multi-faceted issue; and
38
39
WHEREAS,
KIBC Title 17 (Zoning) requires a minimum lot area of 7,200 square feet in those
40
urban residential zoning districts that allow development of single-family dwellings; and
41
42
WHEREAS,
lots smaller than 7,200 square feet are capable of accommodating such
43
development while providing sufficient yard setbacks and off-street parking; and
44
45
WHEREAS,
creating a new urban residential zoning district that allows the development of
46
single-family dwellings on smaller lots should reduce the associated land costs and encourage
47
the construction of smaller housing types in that new district; and
48
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WHEREAS,
the public necessity, convenience, and general welfare of the community may be
50
better served by amending Title 17 KIBC (Zoning) by adding chapter 17.77 KIBC (RSL-
51
Residential Small Lot Single-Family District) to create a new zoning district that specifies the
52
regulatory requirements for development of single-family dwellings on smaller lots in the
53
Borough; and
54
55
WHEREAS,
the Planning and Zoning Commission held work sessions to review the proposed
56
chapter on October 7, 2015, October 14, 2016, November 10, 2015, December 9, 2015,
57
January 13, 2016, February 10, 2016, March 9, 2016, May 11, 2016, November 9, 2016, and
58
December 7, 2016; and
59
60
WHEREAS,
the Planning and Zoning Commission set aside time for public input and discussion
61
at each work session; and
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WHEREAS,
the Planning and Zoning Commission held work sessions on January 11, 2017,
64
February 8, 2017, and May 10, 2017 followed by public hearings on January 18, 2017, February
65
15, 2017, and May 17, 2017; and
66
67
WHEREAS,
the Planning and Zoning Commission, following the May 17, 2017 public hearing,
68
voted to transmit their recommendation to amend Title 17 KIBC (Zoning) by adding Chapter
69
17.77 KIBC (RSL-Residential Small Lot Single-Family District)to the Borough Assembly; and
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71
WHEREAS,
the Assembly held work sessions on August 10, 2017, August 31, 2017, and
72
September 14, 2017; and
73
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WHEREAS,
the Assembly held a public hearing on September 21, 2017; and
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76
NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND
77
BOROUGH THAT:
78
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Section 1:
This ordinance is of a general and permanent nature and shall become a part of the
80
Kodiak Island Borough Code of Ordinances; and
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Section 2:
By this ordinance, the Borough Assembly adopts the following findings of fact in
83
support of their approval of the amendment:
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1. There is a growing need for additional housing options in Kodiak. Allowing development
86
of single-family dwellings on smaller lots in the Borough may be one part of a regulatory
87
solution to address this multi-faceted issue.
88
89
2. Current KIBC Title 17 (Zoning) requires a minimum lot area of 7,200 square feet in those
90
urban residential zoning districts that allow development of single-family dwellings. Lots
91
smaller than 7,200 square feet are capable of accommodating such development while
92
providing sufficient yard setbacks and off-street parking.
93
94
3. Creating a new urban residential zoning district that allows the development of single-
95
family dwellings on smaller lots should reduce the associated land costs and encourage
96
the construction of smaller housing types in that new district.
97
98
4. The amendment will create a new urban residential zoning district that specifies the
99
regulatory requirements for development of single-family dwellings on smaller lots in the
Kodiak Island Borough, Alaska Ordinance No. FY2018-02
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Borough, which is consistent with the adopted Comprehensive Plan goals, policies, and
101
implementation actions related to land use and housing.
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103
5. The Planning and Zoning Commission recommends approval of amending Title 17 KIBC
104
(Zoning) by adding Chapter 17.77 KIBC (RSL-Residential Small Lot Single-Family
105
District).
106
107
Effective Date:
This ordinance takes effect upon adoption.
108
109
Chapter 17.77
110
RSL RESIDENTIAL SMALL LOT SINGLE-FAMILY DISTRICT
111
Sections:
112
17.77.010 Description and intent.
113
17.77.020 Permitted uses.
114
17.77.030 Conditional uses.
115
17.77.040 Minimum size of the RSL district.
116
17.77.050 Prohibited lot designs.
117
17.77.060 Area requirements.
118
17.77.070 Yards.
119
17.77.080 Building height limit.
120
17.77.090 Public service requirement.
121
122
17.77.010 Description and intent.
123
The RSL residential small lot single-family zoning district is established as a land use
124
district for single-family residential dwellings on smaller lots, where public water and
125
sewer services are available. For the residential small lot single-family zoning district, in
126
promoting the general purposes of this title, the specific intentions of this chapter are:
127
A. To reduce land costs associated with single-family residential development;
128
B. To encourage the construction of smaller housing types;
129
C. To prohibit commercial, industrial, and any other use of the land which would interfere
130
with the development or continuation of single-family dwellings in the district; and
131
D. To require a minimum land area to establish the RSL district to reduce the impacts of
132
potential subdivision of existing lots within neighborhoods.
133
134
17.77.020 Permitted uses.
135
The following land uses and activities are permitted in the residential small lot single-
136
family district:
137
A. Single-family dwellings;
138
B. One accessory building;
139
C. Home occupations; and
140
D. Hoop houses.
141
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17.77.030 Conditional uses.
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Reserved.
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17.77.040 Minimum size of the RSL district.
146
A. A minimum contiguous land area of 1.5 acres that is capable of being subdivided into
147
10 or more lots that meet RSL district lot area, width, and design requirements is
148
required to establish this zoning district.
149
B. One or more parcels that meet the contiguous land area requirement may be rezoned
150
to this district, subject to the following:
151
1. An approved rezone shall not become effective until approval and recording of a
152
plat that subdivides the subject land into 10 or more lots that meet the requirements
153
of Title 16 (Subdivision) and Title 17 (Zoning) of the Borough Code; and
154
2. The rezone shall become null and void if a plat depicting the subdivision is not
155
approved and recorded within 36 months from the date of rezone approval.
156
157
17.77.050 Prohibited lot designs.
158
The flag lot designs listed in Chapter 16.40 KIBC are prohibited in the RSL district.
159
160
17.77.060 Area requirements.
161
A. Lot Area.
162
1. The minimum lot area required is 3,600 square feet.
163
2. The maximum lot area allowed is 6,000 square feet.
164
3. Water bodies, private roads, and public access easements are excluded from lot
165
area calculations.
166
B. Lot Width.
167
1. The minimum lot width for an interior lot is 30 feet.
168
2. The minimum lot width for a corner lot is 35 feet.
169
170
17.77.070 Yards.
171
A. Front Yard. The minimum front yard shall be 25 feet.
172
B. Side Yard. The minimum side yard required is five feet. The minimum side yard
173
required on the street side of a corner lot is 10 feet.
174
C. Rear Yard. The minimum rear yard required is 10 feet.
175
176
17.77.080 Building height limit.
177
The maximum building height allowed is 35 feet.
178
179
17.77.090 Public service requirement.
180
Water and sanitary sewer service from a certificated public utility or municipal system
181
are required for lots in this land use district.
182
183
Kodiak Island Borough, Alaska Ordinance No. FY2018-02
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ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
187
THIS __________ DAY OF _______________, 2017.
188
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KODIAK ISLAND BOROUGH ATTEST:
190
191
192
___________________________ ___________________________
193
Daniel A. Rohrer, Mayor Nova M. Javier, MMC, Clerk
194
195
VOTES:
196
Ayes:
197
Noes:
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µ
RSL-Residential Small Lot Single-Family District
RSL District Conceptual Drawings
Request: An ordinance amending Title 17 KIBC (Zoning) by
Case No. 17-014
adding Chapter 17.77 KIBC (RSL-Residential Small Lot Single-
Applicant: Kodiak Island Borough
Family District) to create a new zoning district that would
allow development of single-family residential dwellings on
smaller lots in the Borough
ConceptualDrawingNo.1of3
Examplesofmaximumsingle-familydwellingdevelopment
potentialondifferentlyconfigured3,600squarefootlots.
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AGENDA ITEM #2.c.
µ
RSL-Residential Small Lot Single-Family District
RSL District Conceptual Drawings
Request: An ordinance amending Title 17 KIBC (Zoning) by
Case No. 17-014
adding Chapter 17.77 KIBC (RSL-Residential Small Lot Single-
Applicant: Kodiak Island Borough
Family District) to create a new zoning district that would
allow development of single-family residential dwellings on
smaller lots in the Borough
ConceptualDrawingNo.2of3
Examplesofmaximumsingle-familydwellingdevelopment
potentialondifferentlyconfigured3,600squarefootlots.
Page 99 of 150
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AGENDA ITEM #2.c.
µ
RSL-Residential Small Lot Single-Family District
RSL District Conceptual Drawings
Request: An ordinance amending Title 17 KIBC (Zoning) by
Case No. 17-014
adding Chapter 17.77 KIBC (RSL-Residential Small Lot Single-
Applicant: Kodiak Island Borough
Family District) to create a new zoning district that would
allow development of single-family residential dwellings on
smaller lots in the Borough
ConceptualDrawingNo.3of3
Examplesofmaximumsingle-familydwellingdevelopment
potentialondifferentlyconfigured3,600squarefootlots.
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AGENDA ITEM #2.c.
SUPPLEMENTAL STAFF REPORT
Case No. 17-014.
An ordinance amending Title 17 KIBC (Zoning) by adding Chapter 17.77
KIBC (RSL-Residential Small Lot Single-Family District) to create a newzoning district that
would allow development of single-family residential dwellings on smaller lots in the Borough.
The specific intentions of this new zoning district are:
A.To reduce land costs associated with single-family residential development;
B.To encourage the construction of smaller housing types;
C.To prohibit commercial, industrial, and any other use of the land which would interfere
with the development or continuation of single-family dwellings in the district; and
D.To require a minimum land area to establish the RSL district to reduce the impacts of
potential subdivision of existing lots within neighborhoods.
DATE: May 1, 2017
TO:Planning and Zoning Commission
FROM:Community Development Department
SUBJECT:Information for the May 10, 2017Work Session, 2017
APPLICANT:Kodiak Island Borough
LOCATION:Borough-wide
ZONING:This is a new zoning district that may be established in a 1.5 acre or larger area
where water and sanitary sewer service from a certificated public utility or
municipal system are provided.
STAFF COMMENTS
At the January 18, 2017 regularmeeting, the Commission postponed this request to the
February 15, 2017 regular meeting.At that meeting, the requestfurtherpostponedto the May
17 regular meeting. The postponements wereintended to allow the Commission additional time
to more thoroughly review recent recommended changes to the ordinance.
Full agendas during the March and April work sessionsdid not accommodatefurther review of
this request. Fortunately, the May 10, 2017 work session agenda is light and shouldallow for
adequate time toreview the recommended changes.
A copyof the most recent ordinance with recommended changes follows this report. For
information as to why those changes were recommended, please see the Supplemental Staff
Report and Recommendation dated February 1, 2017.
Should the Commissioncomplete itsreview;staff will revise the ordinance accordinglyanda
SupplementalStaff Report and Recommendationwill be provided for theMay 17, 2017regular
meeting.
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1
Introduced by:P&Z Commission
2
Drafted by:CDD
3
Introduced on:
4
Public Hearing Date:
5
Adopted on:
6
7
KODIAK ISLAND BOROUGH
8
ORDINANCENO. FY2017-XX
9
10
AN ORDINANCE OF THE ASSEMBLY OF THE KODIAKISLAND BOROUGH AMENDING
11
TITLE 17 KIBC (ZONING) BY ADDING CHAPTER 17.77 KIBC (RSL-RESIDENTIAL SMALL
12
LOT SINGLE-FAMILY DISTRICT) TO CREATE A NEW ZONING DISTRICT THAT WILL
13
ALLOW DEVELOPMENT OF SINGLE-FAMILY DWELLINGS ON SMALLER LOTS IN THE
14
BOROUGH (P&Z CASE NO. 17-014)
15
16
WHEREAS,
as a second class Borough, the Kodiak Island Borough exercises planning,
17
platting, and land use regulations on an area wide basis pursuant to Chapter 29.40 Alaska
18
Statutes (AS); and
19
20
WHEREAS,
in accordance with AS 29.40, the Kodiak Island Borough adopted the 2008
21
Comprehensive Plan update on December 6, 2007 (Ordinance No. FY2008-10) to replace the
22
1968 Comprehensive Plan; and
23
24
WHEREAS,
the Kodiak Island Borough has adopted Title 17 (Zoning) of the Kodiak Island
25
Borough Code (KIBC) in accordance with AS 29.40 to implement the Kodiak Island Borough
26
Comprehensive Plan; and
27
28
WHEREAS,
KIBC 17.205.010 provides that “Whenever the public necessity, convenience,
29
general welfare or good zoning practice requires, the assembly may, by ordinance and after
30
report thereon by the commission and public hearing as required by law, amend, supplement,
31
modify, repeal or otherwise change these regulations and the boundaries of the districts;” and
32
33
WHEREAS,
there is a growing public awareness of the need for additional housing options in
34
Kodiak; and
35
36
WHEREAS,
allowing development of single-family dwellings on smaller lots in the Borough may
37
be one part of a regulatory solution to addressthis multi-faceted issue; and
38
39
WHEREAS,
KIBC Title 17 (Zoning) requires a minimum lot areaof 7,200 square feet in those
40
urban residential zoning districts that allow development ofsingle-family dwellings; and
41
42
WHEREAS,
lots smaller than 7,200 square feet are capable of accommodating such
43
developmentwhile providing sufficient yard setbacks and off-street parking; and
44
45
WHEREAS,
creating a new urban residential zoning district that allows the development of
46
single-family dwellings on smaller lots should reduce theassociated land costs and encourage
47
the construction of smaller housing typesin that new district; and
48
Kodiak Island Borough, AlaskaOrdinance No. FY2017-XX
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49
WHEREAS,
the public necessity, convenience,and general welfare of the community may be
50
better served by amending Title 17 KIBC (Zoning) by adding chapter 17.77 KIBC (RSL-
51
Residential Small Lot Single-Family District) to create a new zoning district that specifiesthe
52
regulatory requirements fordevelopment of single-family dwellings onsmaller lots in the
53
Borough; and
54
55
WHEREAS,
the Planning and Zoning Commission held work sessions to review the proposed
56
chapter on October 7, 2015, October 14, 2016, November 10, 2015, December 9, 2015,
57
January 13, 2016, February 10, 2016, March 9, 2016, May 11, 2016, November 9, 2016,
58
December 7, 2016, March 8, 2017, and April 12, 2017; and
59
60
WHEREAS,
the Planning and Zoning Commission set aside time for public input and discussion
61
at each work session; and
62
63
WHEREAS,
the Planning and Zoning Commissionheld work sessions on January11, 2017,
64
February 8, 2017, and May 10, 2017followed bypublic hearingsonJanuary 18, 2017, February
65
15, 2017, and May 17, 2017; and
66
67
WHEREAS,
the Planning and Zoning Commission, following theMay 17, 2017public hearing,
68
votedto transmit their recommendationto amendTitle 17 KIBC (Zoning) by adding Chapter
69
17.77 KIBC (RSL-Residential Small Lot Single-Family District)to the Borough Assembly; and
70
71
NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND
72
BOROUGH THAT:
73
74
Section 1:
This ordinance is of a general and permanent nature and shall become a part of the
75
Kodiak Island Borough Code of Ordinances; and
76
77
Section 2:
By this ordinance, the Borough Assembly adopts the following findings of fact in
78
support of their approval of theamendment:
79
80
1.There is a growing need for additional housing options in Kodiak. Allowingdevelopment
81
of single-family dwellings on smaller lots in the Borough may be one part of a regulatory
82
solution to addressthis multi-faceted issue.
83
84
2.Current KIBC Title 17 (Zoning) requires a minimum lot areaof 7,200 square feet in those
85
urban residential zoning districts that allow development ofsingle-family dwellings. Lots
86
smaller than 7,200 square feet are capable of accommodating such developmentwhile
87
providing sufficient yard setbacks and off-street parking.
88
89
3.Creating a new urban residential zoning district that allowsthe development of single-
90
family dwellings on smaller lots should reduce the associatedland costs and encourage
91
the construction of smaller housing typesin that new district.
92
93
4.The amendment will createa new urban residential zoning district that specifies the
94
regulatory requirements for development of single-family dwellings on smaller lotsin the
95
Borough, which isconsistent with the adopted Comprehensive Plan goals,policies, and
96
implementation actionsrelated to land use and housing.
97
Kodiak Island Borough, AlaskaOrdinance No. FY2017-XX
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98
5.The Planning and Zoning Commissionrecommends approval of amending Title 17 KIBC
99
(Zoning) by adding Chapter 17.77 KIBC (RSL-Residential Small Lot Single-Family
100
District).
101
102
Effective Date:
This ordinance takes effect upon adoption.
103
104
Chapter 17.77
105
RSL – RESIDENTIAL SMALL LOT SINGLE-FAMILY DISTRICT
106
Sections:
107
17.77.010 Description and intent.
108
17.77.020 Permitted uses.
109
17.77.030 Conditional uses.
110
17.77.040 Minimum size of the RSL district.
111
17.77.050 Prohibited lot designs.
112
17.77.060 Area requirements.
113
17.77.070 Yards.
114
17.77.080 Building height limit.
115
17.77.090 Public service requirement.
116
117
17.77.010 Description and intent.
118
The RSL residential small lot single-family zoning district is established as a land use
119
district for single-family residential dwellings on smaller lots, where public water and
120
sewer services are available. For the residential small lot single-family zoning district, in
121
promoting the general purposes of this title, the specific intentions of this chapter are:
122
A.To reduce land costs associated with single-family residential development;
123
B.To encourage the construction of smaller housing types;
124
C. To prohibit commercial, industrial, and any other use of the land which would interfere
125
with the development or continuation of single-family dwellings in the district; and
126
D. To require a minimum number of lotsto establish the RSL district to reduce
land area
127
the impacts of potential subdivision of existing lots within neighborhoods.
128
129
17.77.020 Permitted uses.
130
The following land uses and activities are permitted in the residential small lot single-
131
family district:
132
A.Single-family dwellings;
133
B.One accessory building;
134
C.Home occupations; and
135
D. Hoop houses.
136
137
17.77.030 Conditional uses.
138
Reserved.
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140
17.77.040 Minimum size of the RSL district(Option 1).
141
The minimum contiguous land area required to establish this zoning district is 1.5 acres.
142
A. A minimum of 10 contiguous lots that meet RSL district lot area, width, and design
143
requirements are required to establish this zoning district.
144
B. One or more parcels of sufficient land area to be subdivided into 10 or more
145
contiguous lots that meet RSL district lot area, width, and design requirements may be
146
rezoned to this district, subject to the following:
147
1. An approved rezone shall not become effective until approval and recording of a
148
plat that subdivides the parcels to create a minimum of 10 lots that meet the
149
requirements of Title 16 (Subdivision) and Title 17 (Zoning) of the Borough Code; and
150
2. The rezone shall become null and void if a plat depicting the subdivision is not
151
approved and recorded within 30 months from the date of rezone approval.
152
153
17.77.040 Minimum size of the RSL district(Option 2).
154
The minimum contiguous land area required to establish this zoning district is 1.5 acres.
155
A. A minimum contiguous land area of 1.5 acres that is capable of being subdivided into
156
10 or more lots that meet RSL district lot area, width, and design requirements is
157
required toestablish this zoning district.
158
B. One or more parcels that meet the contiguous land area requirement may be rezoned
159
to this district, subject to the following:
160
1. An approved rezone shall not become effective until approval and recording of a
161
plat that subdivides the subject land into 10 or more lots that meet the requirements
162
of Title 16 (Subdivision) and Title 17 (Zoning) of the Borough Code; and
163
2. The rezone shall become null and void if a plat depicting the subdivision is not
164
approved and recorded within 36 months from the date of rezone approval.
165
166
17.77.050 Prohibited lot designs.
167
The flag lot designs listed in Chapter 16.40 KIBC are prohibited in the RSL district.
168
169
17.77.060 Area requirements.
170
A.Lot Area.
The minimum lot area required is 3,600 square feet, excluding water bodies,
171
private roads, and public access easements.
172
1. The minimum lot area required is 3,600 square feet.
173
2. The maximum lot area allowed is 5,000 square feet.
174
3. Water bodies, private roads, and public access easements are excluded from lot
175
area calculations.
176
B.Lot Width.
177
1. The minimum lot width for an interior lot is 30 feet.
178
2. The minimum lot width for a corner lot is 35 feet.
179
180
17.77.070Yards.
181
A.Front Yard.The minimum front yard shall be 25 feet.
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B.Side Yard. The minimum side yard required is five feet. The minimum side yard
183
required on the street side of a corner lot is 10 feet.
184
C.Rear Yard. The minimum rear yard required is 10 feet.
185
186
17.77.080 Building height limit.
187
The maximum building height allowed is 35 feet.
188
189
17.77.090 Public service requirement.
190
Water and sanitary sewer service from a certificated public utility or municipal system
191
are required for lots in this land use district.
192
193
194
195
ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
196
THIS __________ DAY OF _______________, 2017.
197
198
KODIAK ISLAND BOROUGHATTEST:
199
200
201
______________________________________________________
202
Daniel A. Rohrer,MayorNova M. Javier, MMC, Clerk
203
204
VOTES:
205
Ayes:
206
Noes:
Kodiak Island Borough, AlaskaOrdinance No. FY2017-XX
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AGENDA ITEM #2.c.
KODIAK ISLAND BOROUGH
PLANNING AND ZONING COMMISSION REGULAR MEETING
MINUTES APPLICABLE TO CASE NO.17-014
February 15, 2017 Regular Meeting Followed Special Meeting-Borough Assembly Chambers
C. CASE 17-014 (Postponed from the January 18, 2017 regular meeting). Request an
ordinance amending Title 17 KIBC (Zoning) by adding Chapter 17.77 KIBC (RSL-
Residential Small Lot Single-Family District) to create a new zoning district that would
allow development of single-family residential dwellings on smaller lots in the Borough.
The specific intentions of this new zoning district are:
A. To reduce land costs associated with single-family residential development;
B. To encourage the construction of smaller housing types;
C. To prohibit commercial, industrial, and any other use of the land which would
interfere with the development or continuation of single-family dwellings in the
district; and
D. To require a minimum land area to establish the RSL district to reduce the impacts
of potential subdivision of existing lots within neighborhoods.
The applicant is the Kodiak Island Borough. The location is borough-wide. This is a new
zoning district that may be established in a 1.5 acre or larger area where water and
sanitary sewer service from a certificated public utility or municipal system are provided.
Motion on the floor made at the January18, 2017 regular meeting:
COMMISSIONER PAINTER MOVED to recommend that the Assembly of the Kodiak Island
Borough approve the ordinance amending Title 17 KIBC (Zoning) by adding Chapter 17.77
KIBC (RSL-Residential Small Lot Single-Family District) to create a new zoning district that will
allow development of single-family dwellings on smaller lots in the borough, and to adopt the
findings of fact listed in the staff report dated January 4, 2017 and entered into the record for
this case as “Findings of Fact” for Case No. 17-014.
Maker stated allowing development of single-family dwellings on smaller lots in the Borough
might be one part of a regulatory solution to address the borough’s growing need of housing
options. Title 17 KIBC requires a minimum lot area of 7,200 square feet in those urban
residential zoning districts that allow development of single-family dwellings. Staff research has
shown that smaller lots are capable of accommodating such development while providing
sufficient yard setbacks and off-street parking. Given this information, creating a new urban
residential zoning district that allows the development of single-family dwellings on smaller lots
should reduce the associated land costs and encourage the construction of smaller housing
types in that new district.
Open public hearing:
Kevin Arndt spoke in support of this request.
Close public hearing:
Commission discussion
MOVED
COMMISSIONER PAINTER to postpone Case No. 17-014 to the May 17, 2017
Planning and Zoning Commission regular meeting.
ROLL CALL VOTE ON MOTION TO POSTPONE CARRIED UNANIMOUSLY
Kodiak Island Borough Planning & Zoning Commission Minutes
February 15, 2017 Page 1
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AGENDA ITEM #2.d.
KODIAK ISLAND BOROUGH
STAFF REPORT
AUGUST 10, 2017
ASSEMBLY WORK SESSION
SUBJECT:
Administrative Variances Discussion
ORIGINATOR:
Sara Mason
RECOMMENDATION:
DISCUSSION:
ALTERNATIVES:
FISCAL IMPACT:
OTHER INFORMATION:
Kodiak Island Borough
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AGENDA ITEM #2.d.
Kodiak Island Borough
Community Development Department
710 Mill Bay Road
Kodiak, Alaska 99615
Phone (907) 486-9363 Fax (907) 486-9396
www.kodiakak.us
Date:
July 12, 2017
To:
Planning and Zoning Commission
From:
Community Development Director
RE:
Administrative Variances
On June 29, 2017 staff was asked to prepare a work session item discussing the concept
and potential implementation of administrative variances. This memo will discuss:
1) Variance Basics
2) Types of Variances Reviewed Administratively
3) Changes to Borough Code
4) Administrative Variance Process Considerations
1) Variance Basics
What is a variance?
A variance is permission to depart from the literal requirements of the zoning code.
Deviations requested from the zoning code are typically heard by the Planning and
Zoning Commission at a public hearing.
What land use regulations can be varied?
All zoning code provisions can be varied with the exception of use. Yard setback,
building height, parking space requirements, lot coverage, minimum lot area,
performance standards, and feature buffers are examples of land use regulations for
which variances are sought. Figure 1 shows the percentage of each variance type
heard by the Planning and Zoning from 1998 to the present.
What is an administrative variance?
An administrative variance is a variance s
zoning administrator or other appropriate designee without going before the Planning
and Zoning Commission and being heard at a public hearing. In most municipalities
that allow administrative variances, the threshold for eligibility as administrative is
determined by the percentage of the total specified mathematical measurement.
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Figure 1
2) Types of Variances Reviewed Administratively
municipalities found that the most
common land use provision to be varied administratively are:
Yard setbacks
Lot configuration (e.g. width)
Parking
Other buffers (e.g. habitat buffers)
3) Changes to Borough Code
Current Borough Code does not allow for administrative variances. In order to allow for
these, changes would be, at minimum, required to two sections of Borough Code:
KIBC 17.195 (Variances)
Changes to this section of code would outline the application, investigative
requirements, public notice requirements, standards for approval or denial, conditions,
and other administrative processes, just as it does for the existing variance application
process.
KIBC 17.220 (Appeals to the Planning and Zoning Commission)
KIBC 17.220 already contains a very detailed process by which appeals of
administrative decisions shall be processed and subsequently heard by the Planning
and Zoning Commission. Changes to this section of would be minimal and would
require change only to KIBC 17.220.010. The amended code might read:
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17.220.010 Persons who may appeal.
Applicants subject to the following written decisions of the community development department
director may appeal the decision to the commission:
A. The denial of zoning compliance; and
; and
B. The issuance of an order or administrative decision under KIBC 17.210.010(A)
C. The denial of an administrative variance
.
4) Administrative Variance Process Considerations
Administrative variance procedures vary widely among planning departments. Several
key elements and considerations are presented below.
Application
An applicant would need to fill out an application for an administrative variance similar
to the existing variance application provided by the Community Development
Department. Some communities have separate forms for administrative variances,
while others have a single form for both types of variances.
Public Involvement
Some communities mandate the distribution of public notices to solicit written
feedback, even in cases where administrative hearings are not scheduled. Most
communities, however, do not have a public involvement process associated with
administrative variances.
Hearing/Review
Timeframes for administrative hearing or review vary greatly, ranging from 5 to 31 days,
with the single most significant determining factor in the required length of time
between application submission and hearing/review being public involvement
requirements. Communities that do not require public notification have much shorter
turnaround times for issuance or denial of an administrative variance.
Additionally, some communities require a formal administrative hearing, while many
others only require review by the zoning administrator.
Decisions
All communities institute timeframes in which applicants are to be notified of the
administrative decision, which varies depending on the mechanism by which the
variance request is evaluated (hearing vs. review).
Appeals
In all communities reviewed, the appeal of an administrative variance decision is
treated as any other administrative decision appeal (see KIBC 17.220.010 discussion
above).
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From:Sara Mason
To:Nova Javier
Subject:Alaska Statute Reference From 8/10/ WS
Date:Friday, August 11, 2017 2:49:09 PM
Attachments:image002.png
Hi Nova,
Here is the Alaska Statute citation a mentioned last night during the administrative variances discussion:
AS 29.40.040. Land Use Regulation.
(a) In accordance with a comprehensive plan adopted under AS 29.40.030 and in order to implement the plan,
the assembly by ordinance shall adopt or amend provisions governing the use and occupancy of land that may
include, but are not limited to,
(1) zoning regulations restricting the use of land and improvements by geographic districts;
(2) land use permit requirements designed to encourage or discourage specified uses and construction of
specified structures, or to minimize unfavorable effects of uses and the construction of structures;
(3) measures to further the goals and objectives of the comprehensive plan.
(b) A variance from a land use regulation adopted under this section may not be granted if
(1) special conditions that require the variance are caused by the person seeking the variance;
(2) the variance will permit a land use in a district in which that use is prohibited; or
(3) the variance is sought solely to relieve pecuniary hardship or inconvenience.
Sara Mason
Director
Community Development Department
710 Mill Bay Road
Kodiak, Alaska 99615
P: (907) 486-9360
F: (907) 486-9396
Email
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KODIAK ISLAND BOROUGH
STAFF REPORT
AUGUST 10, 2017
ASSEMBLY WORK SESSION
Discussion of Notification for Land Use Actions and Other Administrative
SUBJECT:
Processes Associated With Land Use Actions (Notice Requirements)
ORIGINATOR:
Sara Mason
RECOMMENDATION:
Item is for informational purposes only.
DISCUSSION:
Staff was asked to prepare a work session item to discuss various aspects of the
administrative processes associated with land use actions per Title 17. An attached memo
very briefly summarizes the administrative processes for land use actions in the Borough. A
Power Point presentation made by staff at the work session will provide more detail on these
processes and will discuss some of the issues with Borough Code. The presentation will be
made available to the Assembly and the public after it is given.
ALTERNATIVES:
FISCAL IMPACT:
OTHER INFORMATION:
Kodiak Island Borough
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Kodiak Island Borough
Community Development Department
710 Mill Bay Road
Kodiak, Alaska 99615
Phone (907) 486-9363 Fax (907) 486-9396
www.kodiakak.us
Date:
August 7, 2017
To:
Planning and Zoning Commission
From:
Community Development Director
RE:
Notice Requirements for Land Use Actions
On July 18, 2017 staff was asked to prepare a work session item regarding notification
requirements for land use actions. At a later date, this item was expanded to include
an overview of all administrative processes for land use actions. A Power Point
presentation will be provided at the meeting. This memo is being provided as an
introduction to the presentation that will be made at the August 10, 2017 Assembly work
session.
Types of Land Use Actions
The Borough has three types of land use actions:
Quasi-judicial
Variance
o
Conditional use permit
o
Legislative
Future land use designation
o
Rezone
o
Code amendment
o
Administrative
Similar use determination
o
Screening review
o
Site plan review
o
Administrative Processes for Land Use Actions
The process for land use actions are loosely based on the type of action. However, the
Borough Code is generally inconsistent in administration of land use actions.
Administrative requirements include (but are not limited to):
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Public hearings/notification
Decisional timeframes
Established evaluation standards
Appeal rights
Types of Appeals
Per Borough Code, there are three types of appeals to land use decisions. They are:
Review of Planning and Zoning Commission decision
Appeals to the Planning and Zoning Commission
Appeals to the Board of Adjustment
Administrative Process for Appeals
Which appeal process is used is based on the type of decision being appealed. For
example, an administrative decision made by the Community Development Director is
appealed using a different process than an appeal concerning the denial of a CUP by
the Planning and Zoning Commission; the former being an appeal to the Planning and
Zoning Commission (KIBC 17.220), the latter being an appeal to the Board of
Adjustment (KIBC 17.225).
Like administrative processes for land use actions, land use appeal actions are
inconsistent. Several of these inconsistencies, along with other land use administration
and appeal code issues, will be discussed in more detail at the work session.
2
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