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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 Page 3 of 150 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. 1 Page 4 of 150 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 - - RR-Rural Residential district o - 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 2 Page 5 of 150 Chicken Ordinance Discussion AGENDA ITEM #2.b. 1 Introduced by:P&Z Commission 2 Drafted by:CDD Director 3 Introduced on:8/17/2017 4 Public Hearing Date: 5 Adopted on: 6 7 KODIAK ISLAND BOROUGH 8 ORDINANCENO. FY2018-03 9 10 AN ORDINANCEOF THE ASSEMBLY OF THE KODIAK ISLANDBOROUGH AMENDING 11 TITLE 6 ANIMAL CONTROL AND TITLE 17 ZONING TO ALLOW FOR CERTAIN 12 AGRICULTURAL ACTIVITIES IN RESIDENTIAL ZONING DISTRICTS 13 14 WHEREAS, as a second class Borough, the Kodiak Island Borough exercises planning, 15 platting, and land use regulations on an area wide basis pursuant to Chapter 29.40 Alaska 16 Statutes; and 17 18 WHEREAS, in accordance with AS 29.40, the Kodiak Island Borough adopted the 2008 19 Comprehensive Plan update on December 6, 2007 (Ordinance No. FY2008-10) to replace the 20 1968 Comprehensive Plan; and 21 22 WHEREAS, the Kodiak Island Borough has adopted KIBC Title 17 (Zoning) in accordance 23 with AS 29.40 to implement the Kodiak Island Borough Comprehensive Plan; and 24 25 WHEREAS, KIBC 17.205.010 provides that “Whenever the public necessity, convenience, 26 general welfare or good zoning practice requires, the assembly may, by ordinance and after 27 report thereon by the commission and public hearing as required by law, amend, supplement, 28 modify, repeal or otherwise change these regulations and the boundaries of the districts”; and 29 30 WHEREAS, there has been a noted increase in the keeping of chickens and other small 31 animals useful to people in residential zoning districts within the Kodiak Island Borough;and 32 33 WHEREAS, the keeping of chickens and other animals useful to people is an agricultural 34 activity as defined by KIBC 17.25.020(A); and 35 36 WHEREAS, agricultural activities are listed as a permitted use in the RR1-Rural Residential 37 One, RR2-Rural Residential Two, and C-Conservation Districts; and 38 39 WHEREAS, agricultural activities are not listed as a permitted use in the RR-Rural 40 Residential, R1-Single-Family Residential, R2-Two-Family Residential, andR3-Multi-Family 41 ResidentialDistricts and are therefore prohibited per KIBC 17.15.080; and 42 43 WHEREAS, the Borough Assembly recognizes that some agricultural activities may conflict 44 with the character and intensity of some rural and urban residential zoning districts; and 45 Kodiak Island Borough, AlaskaOrdinance No. FY2018-03 Deletion –Red, StrikeoutPage 1of 7 Insertion –Bold, Blue, UnderlinedVersion 1 Page 6 of 150 Chicken Ordinance Discussion AGENDA ITEM #2.b. 46 WHEREAS, the Borough Assembly recognizes that residents rely on the keeping of chickens 47 and other small animals useful to people to supplement their sustenance and income; and 48 49 WHEREAS, having reliable access to a variety of locally-produced food resources will directly 50 benefit the entire Kodiak Island Borough; and 51 52 WHEREAS, in accordance with AS 29.40.020 the Planning and Zoning Commission 53 discussed the proposed changes to Title 17 (Zoning) at work sessions and regular meetings on 54 February 8, 2017, March 8, 2017, June 14, 2017,July 12, 2017, and July 19, 2017; and 55 56 WHEREAS, the Planning and Zoning Commission, following public hearing at the July 19, 57 2017 regular meeting, voted to transmit their recommendations for revisions to Title 17 to the 58 Borough Assembly; and 59 60 WHEREAS, the Borough Assembly discussed the proposed changes to Titles 6 and 17 at 61 work sessions and regular meetings on April 13, 2017, August 10, 2017, August 17, 2017, 62 August 31, 2017, and September 7, 2017; and 63 64 WHEREAS, the Borough Assembly, followingapublic hearing at theSeptember 7, 2017 65 regular meeting, voted to adopt Ordinance FY2018-03; and 66 67 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 68 BOROUGH THAT: 69 70 Section 1: This ordinance is of a general and permanent nature and shall become a part of the 71 Kodiak Island Borough Code of Ordinances. 72 73 Section 2: That Title 6 Animal Control and Title 17 Zoningof the Kodiak Island Borough Code 74 of Ordinances areamended to read as follows: 75 76 CHAPTER 6.04 77 ANIMAL CONTROL 78 79 6.04.040 Live traps. 80 animals A. Intentional capture of domestic dogs and cats by live traps is prohibited unless the 81 person using the trap notifies the animal control officer. 82 83 animals B. All domestic dogs and catsthat are live trapped must be turned over to the animal 84 control officer or impounded. If a trapped animal has injured itself in a severe manner, or if the 85 trapped animal poses an immediate threat to a person, then upon notification to the animal 86 control officer, a person may humanely destroy the live-trapped animal. This subsection is 87 waived in communities not serviced by an animal shelter. 88 89 6.04.080 Annoying animals. Kodiak Island Borough, AlaskaOrdinance No. FY2018-03 Deletion –Red, StrikeoutPage 2of 7 Insertion –Bold, Blue, UnderlinedVersion 1 Page 7 of 150 Chicken Ordinance Discussion AGENDA ITEM #2.b. 90 animal No person may keep anycanine or felinethat makes noise with such frequency and/or 91 volume as to cause actual interference with normal sleeping hours (10 p.m. until 6 a.m.) or 92 reasonable right of peace to a person. 93 94 6.04.100 Control of animals. 95 A. The owner or custodian of a fierce, dangerous, or vicious animal shall confine the animal 96 within a building or secure enclosure and shall not take the animal out of such building or 97 enclosure unless the animal is muzzled and otherwise secured to prevent attacks or feigned 98 attacks. 99 100 B. A dog or other animal that is unrestrained and not under the immediate control of its owner 101 shall be impounded by a peace officer or animal control officer when found at large on the 102 streets, alleys, or public places within the borough, or on private property in the borough if the 103 officer has the permission of the owner or occupant of the property. 104 105 C. The owner of a female dog in heat or during ovulation shall keep and maintain the animal 106 confined in a building or secure enclosure, or in a veterinary hospital or boarding kennel, in such 107 manner that the female dog cannot come in contact with a male dog except for planned 108 breeding purposes. 109 110 D. The owner of animals including cattle, horses, sheep, goats, or other large farm animals shall 111 be responsible for their animals. Owners shall pay the cost of removal of dead animals or 112 animals doing property damage. 113 114 E. No person may keep or maintain a horse, cow, sheep, goat, pig, or other large farm animal 115 within the borough unless the animal is maintained within a fenced area which is owned or 116 leased by the owner or custodian of the animal and which is not occupied by residential 117 buildings other than the one occupied by the owner or custodian of the animal. Holders of 118 authorized state grazing leases are exempted from this subsection for parcels of land in excess 119 of 20acres. 120 121 F. Livestock (including domestic fowl such as ducks, geese, and chickens) raised and 122 kept in residential zoning districts must be completely enclosed in a fenced area that is 123 of suitable height and construction to contain the animal(s), and minimize potential 124 adverse impacts to public health, safety, and welfare. When used, electrified fencing 125 must display adequate warning signage around the perimeter. 126 127 6.04.110 Animal waste 128 A. A person owning or having custody of any animal, shall remove and dispose in a sanitary 129 manner, of any and all feces and other animal litter deposited by the animal on developed or 130 . regularly maintained public areas or on any property without the owner’s consent,other than the 131 animal owner’s property. 132 Kodiak Island Borough, AlaskaOrdinance No. FY2018-03 Deletion –Red, StrikeoutPage 3of 7 Insertion –Bold, Blue, UnderlinedVersion 1 Page 8 of 150 Chicken Ordinance Discussion AGENDA ITEM #2.b. 133 B. On private property, animal owners shall remove and dispose of feces and other 134 animal litter to the extent that animals are provided sanitary living conditions and that 135 extreme objectionable odorcannot bedetected from adjacent properties. 136 137 CHAPTER 17.25 138 DEFINITIONS 139 140 Chapter 17.25.020 A definitions. 141 “Agricultural activities” means the production, keeping, or maintenance, for sale, lease, or 142 personal use, of plants and animals useful to people.This does not include any uses involving 143 or related to commercial marijuana activities. 144 “Agricultural activities, Urban”means the production, keeping, or maintenance, for sale, 145 lease, or personal use, of plants and small animals useful to people.This does not 146 include any uses involving or related to commercial marijuana activities. Small animals 147 includes domestic fowl(except peacocks and roosters), fur and meatanimals such as 148 rabbits and guinea pigs, and small hooved animals such as pigs,goats, and sheepfrom 149 breeds typically not to exceed 27 inches in height or 150 pounds in weight. Large farm 150 animals such as cows and horses are excluded from the urban agricultural use. 151 “Airport elevation” means the established elevation of the highest point of the usable landing 152 area. 153 Airport, Municipal. “Municipal airport” means the City of Kodiak Municipal Airport and Lilly Lake. 154 Airport, Utility. “Utility airport” means any airport in the borough designed and/or constructed to 155 serve aircraft in approach category A (speed less than 91 knots). 156 “Alley” means a public way designed and intended to provide only a secondary means of 157 access to any property abutting thereon. 158 “Alteration” means any change, addition, or modification in the construction, location,or use 159 classification. 160 Apartment House. For “apartment house,” see “Dwelling, multiple-family,” KIBC 17.25.050. 161 “Approach surface” means an approach surface longitudinally centered on the extended runway 162 centerline and extending outward and upward from each end of a runway. The inner edge of the 163 approach surface is the same width as the runway and it expands uniformly to a width of 1,500 164 feet of each end of the runway. The approach surface extends for a horizontal distance of 5,000 165 feet at a slope of 20:1.No building or structure may be constructed or erected nor may any 166 other object be stored or placed in such a manner as to protrude into the approach surfaces. 167 A. The approach surfaces for the municipal airport extend upward and outward from the south 168 endof the existing lake surface (towards Larch Street) and the north end of the gravel runway 169 (Von Scheele Way) only. 170 “Automobile wrecking” means the dismantling of used motor vehicles or trailers or the storage or 171 sale of parts from dismantled or partially dismantled, obsolete, or wrecked vehicles. 172 173 CHAPTER 17.65 174 RR–RURAL RESIDENTIAL DISTRICT 175 176 17.65.020 Permitted principal uses and structures. 177 The followingland uses and activities are permitted in the rural residential district: Kodiak Island Borough, AlaskaOrdinance No. FY2018-03 Deletion –Red, StrikeoutPage 4of 7 Insertion –Bold, Blue, UnderlinedVersion 1 Page 9 of 150 Chicken Ordinance Discussion AGENDA ITEM #2.b. 178 179 A. Single-family dwellings; 180 B. Vacation homes; 181 C. Bed and breakfasts; and 182 ; and D. Hoop houses. 183 E. Agricultural buildings and activities. 184 185 CHAPTER 17.75 186 R1 –SINGLE-FAMILY RESIDENTIAL DISTRICT 187 188 17.75.020 Permitted uses. 189 The followingland uses and activities are permitted in the single-family residential district: 190 191 A. Accessory buildings; 192 B. Churches; 193 C. Greenhouses; 194 D. Home occupations; 195 E. Parks and playgrounds; 196 F. Single-family dwellings; 197 G. Hoop houses;and 198 ; H. Accessory dwelling units (ADUs) (attached). 199 I.Urban agricultural buildings and activities;and 200 J.Agricultural buildings and activities (lots equal to or greater than 40,000 square feet). 201 202 Chapter 17.80 203 R2 –TWO-FAMILY RESIDENTIAL DISTRICT 204 205 17.80.020 Permitted uses. 206 The following land uses are permitted in the two-family residential district: 207 208 A. Accessory buildings; 209 B. Beauty shops; 210 C. Churches; 211 D. Clinics; 212 E. Greenhouses; 213 F. Home occupations; 214 G. Hospitals; 215 H. Parks and playgrounds; 216 I. Professional offices; 217 J. Schools; 218 K. Single-family dwellings; 219 L. Two-family dwellings; 220 M. Vacation homes; 221 N. Bed and breakfasts; 222 O. Hoop houses; and Kodiak Island Borough, AlaskaOrdinance No. FY2018-03 Deletion –Red, StrikeoutPage 5of 7 Insertion –Bold, Blue, UnderlinedVersion 1 Page 10 of 150 Chicken Ordinance Discussion AGENDA ITEM #2.b. 223 ; P. Accessory dwellings units when there is a single-family residence on the property. 224 Q. Urban agricultural buildings and activities;and 225 R. Agricultural buildings and activities (lots equal to or greater than 40,000 square feet 226 when there is a single-family residence on the property). 227 228 CHAPTER 17.85 229 R3 –MULTI-FAMILY RESIDENTIAL DISTRICT 230 231 17.85.020 Permitted uses. 232 The following land uses arepermitted in the multifamily residential district: 233 234 A. Accessory buildings; 235 B. Beauty shops; 236 C. Boardinghouses; 237 D. Churches; 238 E. Clinics; 239 F. Greenhouses; 240 G. Home occupations; 241 H. Hospitals; 242 I. Multifamily dwellings; 243 J. Parks and playgrounds; 244 K. Professionaloffices; 245 L. Schools; 246 M. Single-family dwellings; 247 N. Two-family dwellings; 248 O. Vacation homes; 249 P. Bed and breakfasts; 250 Q. Mobile home parks; and 251 ; R. Hoop houses. 252 S. Urban agricultural buildings and activities;and 253 T.Agricultural buildings and activities (lots equal to or greater than 40,000 square feet 254 when there is a single-family residence on the property). 255 256 Effective Date: This ordinance takes effect upon adoption. (Note: KIBC 2.30.070 states an 257 ordinance takes effect upon adoption or at a later date specified in the ordinance.) 258 259 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 260 THIS __________ DAY OF _______________,2017. 261 262 KODIAK ISLAND BOROUGHATTEST: 263 264 265 ______________________________________________________ 266 Daniel A. Rohrer,MayorNova M. Javier, MMC, Clerk 267 Kodiak Island Borough, AlaskaOrdinance No. FY2018-03 Deletion –Red, StrikeoutPage 6of 7 Insertion –Bold, Blue, UnderlinedVersion 1 Page 11 of 150 Chicken Ordinance Discussion AGENDA ITEM #2.b. 268 VOTES: 269 Ayes: 270 Noes: Kodiak Island Borough, AlaskaOrdinance No. FY2018-03 Deletion –Red, StrikeoutPage 7of 7 Insertion –Bold, Blue, UnderlinedVersion 1 Page 12 of 150 Chicken Ordinance Discussion AGENDA ITEM #2.b. Page 13 of 150 Chicken Ordinance Discussion AGENDA ITEM #2.b. Page 14 of 150 Chicken Ordinance Discussion AGENDA ITEM #2.b. Land Use Goal: Policy: Policy: Implementation Action: Land Use Goal: Policy: Economic Goal: Page 15 of 150 Chicken Ordinance Discussion AGENDA ITEM #2.b. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 Page 16 of 150 Chicken Ordinance Discussion AGENDA ITEM #2.b. 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 Page 17 of 150 Chicken Ordinance Discussion AGENDA ITEM #2.b. 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 Page 18 of 150 Chicken Ordinance Discussion AGENDA ITEM #2.b. 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 Page 19 of 150 Chicken Ordinance Discussion AGENDA ITEM #2.b. 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 Page 20 of 150 Chicken Ordinance Discussion AGENDA ITEM #2.b. 223 224 225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 250 251 252 253 254 255 256 257 258 259 260 261 262 263 264 265 266 267 Page 21 of 150 Chicken Ordinance Discussion 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 Page 22 of 150 Chicken Ordinance Discussion 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 Page 23 of 150 Chicken Ordinance Discussion AGENDA ITEM #2.b. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 Page 24 of 150 Chicken Ordinance Discussion AGENDA ITEM #2.b. 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 Page 25 of 150 Chicken Ordinance Discussion AGENDA ITEM #2.b. 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 Page 26 of 150 Chicken Ordinance Discussion AGENDA ITEM #2.b. 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 Page 27 of 150 Chicken Ordinance Discussion AGENDA ITEM #2.b. 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 Page 28 of 150 Chicken Ordinance Discussion AGENDA ITEM #2.b. 223 224 225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 250 251 252 253 254 255 256 257 258 259 260 261 262 263 264 Page 29 of 150 Chicken Ordinance Discussion AGENDA ITEM #2.b. 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Page 46 of 150 Chicken Ordinance Discussion AGENDA ITEM #2.b. Page 47 of 150 Chicken Ordinance Discussion AGENDA ITEM #2.b. Page 48 of 150 Chicken Ordinance Discussion AGENDA ITEM #2.b. Page 49 of 150 Chicken Ordinance Discussion AGENDA ITEM #2.b. Page 50 of 150 Chicken Ordinance Discussion AGENDA ITEM #2.b. Page 51 of 150 Chicken Ordinance Discussion AGENDA ITEM #2.b. Page 52 of 150 Chicken Ordinance Discussion AGENDA ITEM #2.b. Page 53 of 150 Chicken Ordinance Discussion AGENDA ITEM #2.b. Page 54 of 150 Chicken Ordinance Discussion AGENDA ITEM #2.b. Chicken Ordinance Public Meeting Article List March 4, 2017 Page 55 of 150 Chicken Ordinance Discussion AGENDA ITEM #2.b. Chicken Ordinance Public Meeting Survey MARCH 20, 2017 **PLEASE RETURN BY ** currently March 4, 2017 Page 56 of 150 Chicken Ordinance Discussion AGENDA ITEM #2.b. Chicken Ordinance Public Meeting Survey MARCH 20, 2017 **PLEASE RETURN BY ** March 4, 2017 Page 57 of 150 Chicken Ordinance Discussion AGENDA ITEM #2.b. 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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.ƚ‘ŷźƷĻƭźķĻ͵aǤǞźŅĻğƓķLƆǒƭƷƩĻƌƚĭğƷĻķƷƚƷŷĻźƭƌğƓķğƓķǞĻŷğǝĻƦǒƩĭŷğƭĻķğŷƚƒĻ ƚǒƷƷƚǞğƩķƭƭƦƩǒĭĻĭğƦĻƷŷğƷźƭķǒĻƷƚĬĻŅźƓźƭŷĻķƓĻǣƷƒƚƓƷŷ͵‘ĻǞźƌƌĬĻƚǒƷƚŅƷƚǞƓǞŷĻƓƷŷźƭƒĻĻƷźƓŭ ƷğƉĻƭƦƌğĭĻͲĬǒƷǞĻγƩĻŷƚƦĻŅǒƌƷŷğƷĭǒƩƩĻƓƷƩĻƭƷƩźĭƷźƚƓƭƩĻŭğƩķźƓŭĭĻƩƷğźƓğƓźƒğƌƭƩĻƒğźƓğƓķğƩĻĻƓŅƚƩĭĻķ͵ ‘ĻğƩĻŅźƓĻǞźƷŷğƌƌƚǞźƓŭƚǒƩƓĻźŭŷĬƚƩƭƷŷĻğĬźƌźƷǤƷƚƉĻĻƦƌğǤźƓŭŷĻƓƭƷƚƦƩƚǝźķĻƷŷĻƒǞźƷŷŅƩĻƭŷ Ļŭŭƭ͵IƚǞĻǝĻƩͲƷŷĻƩĻğƩĻƭĻǝĻƩğƌŷƚƒĻƭƭĭğƷƷĻƩĻķğƩƚǒƓķƷƚǞƓƷŷğƷğƩĻƉĻĻƦźƓŭƩƚƚƭƷĻƩƭͲƷǒƩƉĻǤƭͲğƓķĻǝĻƓ ŅǒƌƌŭƩƚǞƓŷƚŭƭ͵ŷĻǤğƩĻĻǣƷƩĻƒĻƌǤƌƚǒķğƓķķźƭƩǒƦƷźǝĻ͵LƷƉĻĻƦƭƦĻƚƦƌĻğǞğƉĻğƓķķĻƭƷƩƚǤƭğƓǤƭƚƩƷƚŅ ƷƩğƓƨǒźƌźƷǤƷŷĻƩĻƚƓĭĻǞğƭźƓƷŷĻğƩĻğ͵ tƌĻğƭĻƷğƉĻƷŷźƭğƭƚǒƩźƓƦǒƷƚƓƷŷĻƒğƷƷĻƩ͵\[ğǤźƓŭŷĻƓƭğƩĻƩĻğƭƚƓğĬƌĻͲĬǒƷŷğǝźƓŭƌƚǒķͲƒźƓźŅğƩƒƭźƓƷƚǞƓźƭ ķĻŅźƓźƷĻƌǤƓƚƷ͵ŷĻŅƌğƷƭͲaƚƓğƭŷƉğͲĻƷĭ͵ğƩĻƷŷĻğƦƦƩƚƦƩźğƷĻƦƌğĭĻƭŅƚƩŷğǝźƓŭğŅğƩƒǞźƷŷƷŷĻƭĻƌƚǒķğƓźƒğƌƭ ǞŷĻƩĻŷƚƒĻƭğƩĻƭƦƩĻğķƚǒƷǝĻƩƭǒƭźƓƷƚǞƓǞŷĻƩĻźƷķźƭƩǒƦƷƭƓǒƒĻƩƚǒƭŷƚƒĻƭƆǒƭƷƭƚƚƓĻĭğƓŷğǝĻƷŷĻƭĻ ğƓźƒğƌƭ͵ ŷğƓƉǤƚǒ͵ .ƚε/ğƭƭğƓķƩğ‘ŷźƷĻƭźķĻ 1 Page 86 of 150 Chicken Ordinance Discussion AGENDA ITEM #2.b. 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 Page 87 of 150 Chicken Ordinance Discussion AGENDA ITEM #2.b. 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 Page 88 of 150 Chicken Ordinance Discussion AGENDA ITEM #2.b. Page 89 of 150 Chicken Ordinance Discussion AGENDA ITEM #2.b. Page 90 of 150 Chicken Ordinance Discussion AGENDA ITEM #2.b. Page 91 of 150 Chicken Ordinance Discussion AGENDA ITEM #2.c. 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 Page 92 of 150 Small Lot Subdivisions AGENDA ITEM #2.c. 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 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 Kodiak Island Borough, Alaska Ordinance No. FY2018-02 Deletion Red, Strikeout Page 1 of 5 Insertion Bold, Blue, Underlined Version 1 Page 93 of 150 Small Lot Subdivisions AGENDA ITEM #2.c. 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 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 62 63 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 70 71 WHEREAS, the Assembly held work sessions on August 10, 2017, August 31, 2017, and 72 September 14, 2017; and 73 74 WHEREAS, the Assembly held a public hearing on September 21, 2017; 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 part of the 80 Kodiak Island Borough Code of Ordinances; and 81 82 Section 2: By this ordinance, the Borough Assembly adopts the following findings of fact in 83 support of their approval of the amendment: 84 85 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 Deletion Red, Strikeout Page 2 of 5 Insertion Bold, Blue, Underlined Version 1 Page 94 of 150 Small Lot Subdivisions AGENDA ITEM #2.c. 100 Borough, which is consistent with the adopted Comprehensive Plan goals, policies, and 101 implementation actions related to land use and housing. 102 103 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 Kodiak Island Borough, Alaska Ordinance No. FY2018-02 Deletion Red, Strikeout Page 3 of 5 Insertion Bold, Blue, Underlined Version 1 Page 95 of 150 Small Lot Subdivisions AGENDA ITEM #2.c. 142 17.77.030 Conditional uses. 143 Reserved. 144 145 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 Deletion Red, Strikeout Page 4 of 5 Insertion Bold, Blue, Underlined Version 1 Page 96 of 150 Small Lot Subdivisions AGENDA ITEM #2.c. 184 185 186 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 187 THIS __________ DAY OF _______________, 2017. 188 189 KODIAK ISLAND BOROUGH ATTEST: 190 191 192 ___________________________ ___________________________ 193 Daniel A. Rohrer, Mayor Nova M. Javier, MMC, Clerk 194 195 VOTES: 196 Ayes: 197 Noes: Kodiak Island Borough, Alaska Ordinance No. FY2018-02 Deletion Red, Strikeout Page 5 of 5 Insertion Bold, Blue, Underlined Version 1 Page 97 of 150 Small Lot Subdivisions 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.1of3 Examplesofmaximumsingle-familydwellingdevelopment potentialondifferentlyconfigured3,600squarefootlots. Page 98 of 150 Small Lot Subdivisions 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 Small Lot Subdivisions 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. Page 100 of 150 Small Lot Subdivisions AGENDA ITEM #2.c. Page 101 of 150 Small Lot Subdivisions AGENDA ITEM #2.c. Page 102 of 150 Small Lot Subdivisions AGENDA ITEM #2.c. 1 Version 2 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 Page 103 of 150 Small Lot Subdivisions AGENDA ITEM #2.c. 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 Page 104 of 150 Small Lot Subdivisions AGENDA ITEM #2.c. 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 Page 105 of 150 Small Lot Subdivisions AGENDA ITEM #2.c. 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 Page 106 of 150 Small Lot Subdivisions AGENDA ITEM #2.c. 181 182 183 184 185 186 187 188 189 190 191 192 Page 107 of 150 Small Lot Subdivisions AGENDA ITEM #2.c. 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Page 109 of 150 Small Lot Subdivisions AGENDA ITEM #2.c. 1 Version 2 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 Page 110 of 150 Small Lot Subdivisions AGENDA ITEM #2.c. 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 Page 111 of 150 Small Lot Subdivisions AGENDA ITEM #2.c. 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 Page 112 of 150 Small Lot Subdivisions AGENDA ITEM #2.c. 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 Page 113 of 150 Small Lot Subdivisions AGENDA ITEM #2.c. 181 182 183 184 185 186 187 188 189 190 191 192 Page 114 of 150 Small Lot Subdivisions 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. Page 115 of 150 Small Lot Subdivisions AGENDA ITEM #2.c. 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 Deletion – Red, StrikeoutPage 1 of 5 Insertion – Bold, Blue, UnderlinedVersion 1 Page 116 of 150 Small Lot Subdivisions AGENDA ITEM #2.c. 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 Deletion – Red, StrikeoutPage 2 of 5 Insertion – Bold, Blue, UnderlinedVersion 1 Page 117 of 150 Small Lot Subdivisions AGENDA ITEM #2.c. 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. Kodiak Island Borough, AlaskaOrdinance No. FY2017-XX Deletion – Red, StrikeoutPage 3 of 5 Insertion – Bold, Blue, UnderlinedVersion 1 Page 118 of 150 Small Lot Subdivisions AGENDA ITEM #2.c. 139 140 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. Kodiak Island Borough, AlaskaOrdinance No. FY2017-XX Deletion – Red, StrikeoutPage 4 of 5 Insertion – Bold, Blue, UnderlinedVersion 1 Page 119 of 150 Small Lot Subdivisions AGENDA ITEM #2.c. 182 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 Deletion – Red, StrikeoutPage 5 of 5 Insertion – Bold, Blue, UnderlinedVersion 1 Page 120 of 150 Small Lot Subdivisions AGENDA ITEM #2.c. Page 121 of 150 Small Lot Subdivisions 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 Page 122 of 150 Small Lot Subdivisions AGENDA ITEM #2.c. Page 123 of 150 Small Lot Subdivisions AGENDA ITEM #2.c. Page 124 of 150 Small Lot Subdivisions 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 Page 125 of 150 Administrative Variances Discussion 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. 1 Page 126 of 150 Administrative Variances Discussion AGENDA ITEM #2.d. 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: 2 Page 127 of 150 Administrative Variances Discussion AGENDA ITEM #2.d. 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). 3 Page 128 of 150 Administrative Variances Discussion AGENDA ITEM #2.d. 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 Page 129 of 150 Administrative Variances Discussion AGENDA ITEM #2.e. 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 Page 130 of 150 Discussion of Notification For Land Use Actions and Other Ad... AGENDA ITEM #2.e. 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): 1 Page 131 of 150 Discussion of Notification For Land Use Actions and Other Ad... AGENDA ITEM #2.e. 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 Page 132 of 150 Discussion of Notification For Land Use Actions and Other Ad... AGENDA ITEM #2.e. 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