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2017-09-07 Regular Meeting Meeting broadcast live over radio station KMXT 100.1 FM. Citizens’ Comments and Public Hearing Numbers: Toll Free (855) 492-9202 and Local 486-3231. Visit our website at www.kodiakak.us www.facebook.com/Kodiakislandborough @KodiakBorough Kodiak Island Borough Assembly Regular Meeting Agenda Thursday, September 7, 2017, 6:30 p.m., Assembly Chambers Page 1. INVOCATION 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. APPROVAL OF AGENDA AND CONSENT AGENDA All items listed with an asterisk (*) are considered to be routine and non- controversial by the Assembly and will be approved by one motion. There will be no separate discussion of these items unless an Assembly member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda. 5. *APPROVAL OF MINUTES 4 - 23 A. *Regular Meeting Minutes Of July 20, 2017 and August 3, 2017 And Special Meeting Of July 11, 2017. Assembly Meeting Minutes 6. CITIZENS’ COMMENTS (Limited To Three Minutes Per Speaker) A. Agenda Items Not Scheduled For Public Hearing And General Comments 7. AWARDS AND PRESENTATIONS A. FY2017 Budget-To-Actual Year-End Review 8. COMMITTEE REPORTS 9. PUBLIC HEARING 24 - 61 A. Ordinance No. FY2018-02 Amending Title 17 KIBC (Zoning) By Adding Chapter 17.77 KIBC (RSL-Residential Small Lot Single- Page 1 of 192 Meeting broadcast live over radio station KMXT 100.1 FM. Citizens’ Comments and Public Hearing Numbers: Toll Free (855) 492-9202 and Local 486-3231. Visit our website at www.kodiakak.us www.facebook.com/Kodiakislandborough @KodiakBorough Family District). Ordinance No. FY2018-02 and Backup - Pdf Ordinance No. FY2018-02 Smaller Lots MVD version 2 62 - 164 B. 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 FY2018-03 and Backup - Pdf Ordinance No. FY2018-03 POSSIBLE AMENDMENTS Ordinance No. FY2018-03 Chicken Ordinance public comments 10. BOROUGH MANAGER’S REPORT 11. MESSAGES FROM THE BOROUGH MAYOR 12. UNFINISHED BUSINESS 13. NEW BUSINESS A. Contracts 165 - 169 1. Amendment No. 2 to Counseling Center Lease Agreement Extending the Current Lease Through December 31, 2017 PKICC Lease Amendment No. 2 - Pdf B. Resolutions 170 - 173 1. Resolution No. FY2018-11 Approving FY18 Kodiak Island Borough Non-Profit Funding Resolution No. FY2018-11 - Pdf C. Ordinances for Introduction 174 - 178 1. *Ordinance No. FY2018-04B Amending KIBC Title 3 Revenue And Finance, Chapter 3.80 Excise Tax on Cigarettes And Other Tobacco Products, By Adding Subsection 3.80.010C Authority; And By Moving Sections 3.80.050 to 3.80.070 To Title 5, Business Licenses And Regulations, Creating Chapter 5.03 Tobacco Licenses Output Document (AS - 0671) - Pdf Page 2 of 192 Meeting broadcast live over radio station KMXT 100.1 FM. Citizens’ Comments and Public Hearing Numbers: Toll Free (855) 492-9202 and Local 486-3231. Visit our website at www.kodiakak.us www.facebook.com/Kodiakislandborough @KodiakBorough D. Other Items 14. CITIZENS’ COMMENTS (Limited To Three Minutes Per Speaker) 15. ASSEMBLY MEMBERS’ COMMENTS 16. ADJOURNMENT 17. INFORMATIONAL MATERIALS (No Action Required) A. Minutes of Other Meetings 179 - 184 1. Planning And Zoning Commission Regular Meeting Minutes Of July 19, 2017. 2017-07-19 P&Z RM B. Reports C. SUPPLEMENTALS 185 - 192 1. SUPPLEMENTALS Page 3 of 192 Kodiak Island Borough July 20, 2017 Assembly Regular Meeting Minutes Page 1 of 9 KODIAK ISLAND BOROUGH Assembly Regular Meeting July 20, 2017 A regular meeting of the Kodiak Island Borough Assembly was held on July 20, 2017, in the Assembly Chambers of the Kodiak Island Borough Building, 710 Mill Bay Road. The meeting was called to order at 6:30 p.m. The invocation was given by Major David Davis of the Salvation Army. Mayor Rohrer led the Pledge of Allegiance. Present were Mayor Dan Rohrer, Assembly members Kyle Crow, Larry LeDoux, Rebecca Skinner, Scott Smiley, and Dennis Symmons. Also present were Borough Manager Michael Powers, Borough Clerk Nova Javier, Deputy Clerk Laurie Pardoe, and Assistant Clerk Karen Siador. LEDOUX moved to excuse Assembly member Townsend and Van Daele who were absent due to personal leave. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF AGENDA AND CONSENT AGENDA LEDOUX moved to approve the agenda and consent agenda. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF MINUTES The regular meeting minutes of June 1 and June 15, 2017; and special meeting minutes of May 25 and June 21, 2017 were approved under the consent agenda. CITIZENS’ COMMENTS Judi Kidder commented on the following issues: engineering requirement, large parcels not on water and sewer that are being developed, and the inability to put up a storage unit on a property where there is no primary dwelling. Betty MacTavish was disappointed that the Borough did not tap into the resources she provided in the past. She further commented on Ordinance No. FY2018-04. Gary Lester also commented on Ordinance No. FY2018-04. Lind Freed was present to answer any questions regarding the KFDA Appointments. Lorna Arndt commented regarding the garbage contracts and the 911 Resolution. AGENDA ITEM #5.A. *Regular Meeting Minutes Of July 20, 2017 and August 3, 2017...Page 4 of 192 Kodiak Island Borough July 20, 2017 Assembly Regular Meeting Minutes Page 2 of 9 AWARDS AND PRESENTATIONS Manager Powers presented a 15-year longevity award to Teresa Medina, Cashier, in the Finance Department. The assembly received an Individual Disaster Preparedness Presentation from Associate Planner/ ENF Jack Maker. COMMITTEE REPORTS Assembly member Skinner reported on the current activities of the Parks and Recreation Committee. The Committee recently held a joint work session with the City Parks and Rec Committee and will soon work together updating the comprehensive plan. Assembly member LeDoux reported on the KWRAC meeting he recently attended. PUBLIC HEARING 1. Ordinance No. FY2017-01B Amending Ordinance No. FY2017-01, Fiscal Year 2017 Budget, By Amending Budgets To Account For Various Revenues That Are Over Budget, Providing For Additional Expenditures And Moving Funds Between Projects. SKINNER moved to adopt Ordinance No. FY2017-01B. The budget adjustments accounted for the following: • Increase Fund 100 - General Fund Use of Fund Balance to reimburse Fund 234 - LEPC $18,337.65 for unreimbursed expenses from 2004-2016. • Increase Fund 210 – Land Sales revenues by $307,400 for the sale of Borough fixed assets (land) during Land Sale #19. • Increase Fund 220 - Building and Grounds Use of Fund Balance by $336,370 and transfer funds to Fund 469 - Renewal and Replacement Projects project #17005 Main Elementary Walkway. • Increase Fund 252 – Womens Bay Fire Department Use of Fund Balance by $50,000; $40,000 to complete the generator installation and $10,000 for purchase of new turnout gear. • Increase Fund 254 - KIB Airport Fire District Use of Fund Balance by $30,000 for 3rd party fire hydrant installation and repairs. • Increase Fund 276 – Facility Fund Use of Fund Balance by $297,584; $286,454 to Fund 300 Debt Service to help defray the Governor's Veto (25% reduction to State School Debt Reimbursements) and to reduce the subsequent loan from the Fund 100 - General Fund, and $11,130 to Fund 469 - Renewal and Replacement Projects project # 17005 Main Elementary Walkway. • Fund 426 - Capital Projects: reduce budget for project #12015 KFRC Energy Project, return $19,179.97 of excess funds to Fund 555 - KFRC (Kodiak Fisheries Research Center) and close project. • Fund 450 - Capital Projects: reduce budget for project #12016 Fire Protection Area #1 Emergency Generator, return $57,492.57 of unused funds to Fund 250 - Fire Protection Area #1 and close project. AGENDA ITEM #5.A. *Regular Meeting Minutes Of July 20, 2017 and August 3, 2017...Page 5 of 192 Kodiak Island Borough July 20, 2017 Assembly Regular Meeting Minutes Page 3 of 9 • Fund 469 - Renewal and Replacement Projects #11004 Akhiok Teacherage: reduce budget by $14.65 and move funds to Fund 450 - Capital Projects project #12009 Chiniak Warning Sirens to pay for expenditures that exceeded the budget and close project. • Fund 469 - Renewal and Replacement Projects project #11004 Akhiok Teacherage: reduce budget by $1,866.75 and move funds to Fund 450 - Capital Projects project # 12011 Emergency Generator to pay for expenditures that exceeded the budget and close project. • Fund 469 - Renewal and Replacement Projects: reallocate $45,000 from project #11009 Island Wide UST Removal/Replacement to project #11003 Chiniak Remote UST. • Fund 469 - Renewal and Replacement Projects: reallocate $1,230,319.33 from #13010 Kodiak Middle School HVAC Controls to project #13006 Borough Building Rehab and close project . • Fund 469 - Renewal and Replacement Projects: reallocate $43,183.66 from #12001 North Star Elementary Exterior Repairs to project #13006 Borough Building Rehab and close project • Fund 470 - Capital Projects: reallocate $60,000 from project #15003 Roofing Replacement to project #15010 Playground Replacement. • Fund 470 - Capital Projects: reallocate $20,000 from project #15003 to project #15008 Flooring Replacement. • Fund 495 - Capital Projects project #08004 Compu Assisted Appraisal Collection Program: reduce budget by $41,160.84 and close project. • Fund 495 - Capital Projects: reduce budget by $4,297,013.83 for project #09010 Long- Term Care Center and close project. • Increase Fund 530 - Municipal Solid Waste Collection Use of Fund balance by $20,000 to pay for software and software security upgrades. • Decrease 540- Hospital Fund Advance to Fund 469 by $2,474,937.62 to pay off the 2015 loan by reducing the budgets and transferring funds from the following projects in Fund 469 - Renewal and Replacement Projects: o Project #11002 East Elementary Generator - $62,637.17 and close project o Project #11004 Akhiok Teacherage - $43,497.60 and close project o Project #12005 East Elementary & Peterson Flooring - $733,170.21 and close o Project #12006 KMS Elevator Controls - $51,794.40 and close project o Project #12007 Larsen Bay School Roof Replacement - $60,037.29 and close project o Project #12008 Main Underground Storage Tank - $0.77 and close project o Project #13007 Port Lions Exterior Painting $35,549.51 and close project o Project #13010 Kodiak Middle School HVAC Controls $306,935.67 o Project #13011 Peterson HVAC Controls $624,427.00 and close project o Project #13012 Middle School Paving $415,383.00 and close project o Project #13013 Auditorium Flooring Foyer & Hall $141,505 and close project • Move the following FY2016 balance sheet items from Fund 540 - Hospital to fund 545 - Long-Term Care Center: o Cash - $2,184,444.00 o Custodial Cash with BNYMellon - $1,346,689.50 o Building - $15,567,986.00 o Accumulated Depreciation - $43,244.00 o Revenue Bonds Principal - $15,880,000.00 o Unamortized Premium on Bonds - $1,365,855.00 o Retained Earnings - $1,812,552.20 AGENDA ITEM #5.A. *Regular Meeting Minutes Of July 20, 2017 and August 3, 2017...Page 6 of 192 Kodiak Island Borough July 20, 2017 Assembly Regular Meeting Minutes Page 4 of 9 • Increase Fund 555 – KFRC (Kodiak Fisheries and Research Center) Use of Fund Balance by $580,000; $380,000 for additional repair work to the HVAC system, $100,000 for fire and sprinkler system and $100,000 for pump repairs. SKINNER moved to amend Ordinance No. FY2017-01B by substitution. ROLL CALL VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY: Crow, LeDoux, Skinner, Smiley, and Symmons. Mayor Rohrer opened the public hearing. Seeing and hearing none, Mayor Rohrer closed the public hearing. ROLL CALL VOTE ON MOTION AS AMENDED CARRIED UNANIMOUSLY: LeDoux, Skinner, Smiley, Symmons, and Crow. BOROUGH MANAGER’S REPORT Manager Powers briefly updated the Assembly on the following: • Travel to anchorage to meet with AML/JiA for coverage issues. • MOA for building services with the City of Kodiak • Working with Kodiak college re lease of apartments on Near Island • Finance Director is working on the accounting dashboard software • Strategic planting of new trees in Chiniak and other related issues in Chiniak • Resource Management Officer was tasked with developing a long-term maintenance plan • Staff met with AK DOT with their regional planner and safety engineer, will have a response from them shortly to address, walked them through KIB CIPs, took second look for improvements at Powell • Received 2 proposals for solid waste in response to RFP MESSAGES FROM THE BOROUGH MAYOR • Mayor Rohrer announced that Island Trails Network is cleaning up trails. They are maintaining them to keep them usable at no expense to the Borough. • Nonprofit process – creating a timeline for a new process • Facilities fund UNFINISHED BUSINESS 1. Resolution No. FY2017-39 Disposing By Sale Of A ± 21 Acre Portion of T24S R24W TL 3301 Onion Bay. A motion was already on the floor to adopt Resolution No. FY2017-39. This resolution was postponed from the June 1, 2017 meeting to the July 20, 2017 regular meeting. LEDOUX moved to postpone Resolution No. FY2017-39 indefinitely. AGENDA ITEM #5.A. *Regular Meeting Minutes Of July 20, 2017 and August 3, 2017...Page 7 of 192 Kodiak Island Borough July 20, 2017 Assembly Regular Meeting Minutes Page 5 of 9 ROLL CALL VOTE ON MOTION TO POSTPONE FAILED THREE TO TWO: Skinner, Symmons, and LeDoux (Ayes); Smiley and Crow (Noes). SKINNER moved to amend Resolution No. FY2017-39 by substitution with Version 2. SKINNER moved to amend the amendment to strike out “direct negotiation or” on line 45. ROLL CALL VOTE ON MOTION TO AMEND THE AMENDMENT CARRIED FOUR TO ONE: Symmons, Crow, LeDoux, and Skinner (Ayes); Smiley (No). ROLL CALL VOTE ON MOTION TO AMEND AS AMENDED CARRIED FOUR TO ONE: Symmons, Crow, LeDoux, and Skinner (Ayes); Smiley (No). ROLL CALL VOTE ON MOTION AS AMENDED FAILED FOUR TO ONE: Crow, LeDoux, Smiley, and Symmons (Ayes); Skinner (No). NEW BUSINESS Contracts None. Resolutions 1. Resolution No. FY2018-05 Changing The 911 Surcharge On All Local Exchange Access Lines In The Area From Seventy-five Cents To Two Dollars Per Month SMILEY moved to adopt Resolution No. FY2018-05. The Kodiak Island Borough imposes and collects a 911 surcharge from local telephone service providers. The surcharge is assessed on a monthly basis on each telephone line for the Kodiak road system. The surcharge is paid to the borough and the borough passes all of the fees to the City of Kodiak to operate and maintain the local enhanced 911 system. The surcharge has been $.75 per month per telephone line since 1995. The City has requested an increase in the surcharge from $.75 to $2.00. CROW moved to postpone Resolution No. FY2018-05 to the next regular meeting of the Assembly. ROLL CALL VOTE ON MOTION TO POSTPONE CARRIED UNANIMOUSLY: LeDoux, Skinner, Smiley, Symmons, and Crow. 2. Resolution No. FY2018-07 AML/JIA Three Year Participation Agreement. SMILEY moved to adopt Resolution No. FY2018-07. Kodiak Island Borough has retained AMLJIA as our insurance provider since July, 1994. The Borough has supported board member participation by staff since 1988. Borough staff board memberships include; Jerome Selby from beginning of AMLJIA in 1988 until his retirement, Rick AGENDA ITEM #5.A. *Regular Meeting Minutes Of July 20, 2017 and August 3, 2017...Page 8 of 192 Kodiak Island Borough July 20, 2017 Assembly Regular Meeting Minutes Page 6 of 9 Gifford during his employment at the Borough, Karl Short from 1994 through his retirement in 2016. The Assembly has also encouraged the current manager, Michael Powers to apply for a vacant board seat. Although not mandatory in order to keep AMLJIA as our insurance provider, signing the attached participation agreement does provide the Borough a 5% discount on our insurance premium. Had the Borough signed a participation agreement three years ago, the savings during that time would have been approximately $58,900 or $19,600 per year. ROLL CALL VOTE ON MOTION CARRIED FOUR TO ONE: Skinner, Smiley, Crow, and LeDoux (Ayes); Symmons (No). 3. Resolution No. FY2018-06 Appointing Members to the Kodiak Fisheries Development Association Board of Directors (Linda Freed and Albert Tyler Schmeil). SMILEY moved to adopt Resolution No. FY2018-06. The Kodiak Island Borough and City of Kodiak jointly designated the Kodiak Fisheries Development Association (KFDA) as the Eligible Crab Community Entity (ECCE). The by-laws of the KFDA provide for appointment of Directors to the Board by the Kodiak Island Borough Assembly and the Kodiak City Council for three year terms. Two of the three "Joint KFDA Director's Seats" expires in July 2017. Ms. Linda Freed and Mr. Albert Schmeil wish to be reappointed for the seats to expire July 2020. Note: The City of Kodiak would have to approve the appointments also. The Clerk's Office advertised for these seats on June 16, 2017 and also posted the vacancies on the KIB website and on Facebook. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Smiley, Symmons, Crow, LeDoux, and Skinner. Ordinances for Introduction 1. Ordinance No. FY2018-04 Amending KIBC Title 3 Revenue And Finance To Add Chapter 3.80 Excise Tax On Cigarettes And Other Tobacco Products. SMILEY moved to adopt Ordinance No. FY2018-04 in first reading to advance to public hearing at the next meeting of the Assembly. Due to 2018 budget constraints and recent cuts in Federal and State funding, it has become necessary for the Borough to expand its tax base. After researching all possible options, a tax on cigarettes and other tobacco products is the most palpable option. The Borough will exercise its authority granted to it by Alaska Statutes AS29.35.010 to levy a tax. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Symmons, Crow, LeDoux, Skinner, and Smiley. Other Items AGENDA ITEM #5.A. *Regular Meeting Minutes Of July 20, 2017 and August 3, 2017...Page 9 of 192 Kodiak Island Borough July 20, 2017 Assembly Regular Meeting Minutes Page 7 of 9 1. Assembly Approval To The Kodiak Fisheries Work Group Invitation Letter To The Subcommittee On Oceans, Atmosphere, and Fisheries. LEDOUX moved to approve the Kodiak Fisheries Work Group invitation letter to the Subcommittee on Oceans, Atmosphere, and Fisheries. This letter is addressed invites the Subcommittee on Oceans, Atmosphere, and Fisheries to Kodiak to conduct a listening session on the reauthorization of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act). As one of the leading fishing ports in the nation, Kodiak is uniquely qualified to present a cohesive view of the many aspects of the fishing industry to subcommittee members. This letter is addressed invites the Subcommittee on Oceans, Atmosphere, and Fisheries to Kodiak to conduct a listening session on the reauthorization of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act). As one of the leading fishing ports in the nation, Kodiak is uniquely qualified to present a cohesive view of the many aspects of the fishing industry to subcommittee members. To approve the Kodiak Fisheries Work Group invitation letter to the Subcommittee on Oceans, Atmosphere, and Fisheries. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Crow, LeDoux, Skinner, Smiley, and Symmons. 2. Support For Fisheries Innovation Fund Project Number 57743, “Chinook Salmon Hot Spot Reporting, Mapping And Avoidance Program For The Central Gulf Of Alaska Pollock Fishery.” SMILEY moved to approve the letter of support for the Fisheries Innovation Fund Project Number 57743. This letter is in support of Project Number 57743, “Chinook Salmon Hot Spot Reporting, Mapping and Avoidance Program for the Central Gulf of Alaska Pollock Fishery” which directly addresses priority number 1 (innovations in bycatch reduction) through the implementation of a Chinook salmon bycatch and hotspot reporting program similar to the Bering Sea pollock fishery rolling hotspot closure program (implemented by Sea State, Inc and in place since 2002), but adapted to the smaller and less sophisticated shore-based Kodiak pollock fleet. This project also meets the geographical priority “Gulf of Alaska groundfish fisheries”. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: LeDoux, Skinner, Smiley, Symmons, and Crow. CITIZENS’ COMMENTS Judi Kidder thanked Manager Powers for his response regarding the engineering issues. She also commented regarding the facilities fund, firewood permitting in Chiniak, and the proposed E911 rates. AGENDA ITEM #5.A. *Regular Meeting Minutes Of July 20, 2017 and August 3, 2017...Page 10 of 192 Kodiak Island Borough July 20, 2017 Assembly Regular Meeting Minutes Page 8 of 9 Betty MacTavish expressed her disappointed regarding how the Assembly is moving forward with the tobacco taxes. Linda Freed encouraged the Assembly to give serious consideration on the proposed E911 rate increase. ASSEMBLY MEMBERS’ COMMENTS Assembly member LeDoux congratulated Assembly member VanDaele on the birth of his daughter. Assembly member Symmons thanked the citizens and staff for attending. He commented on the Ouzinkie playground, and A1 Logging. Assembly member Smiley was happy the new trees are planted in Chiniak. He complimented Jack Maker for the interesting presentation regarding the disaster preparedness. Announcements Mayor Rohrer announced the Assembly will hold a work session on Thursday, July 27 at 6:30 p.m. in the School District Conference Room and the next regular meeting is scheduled on Thursday, August 3 at 6:30 p.m. in the Borough Assembly Chambers. Nominating packets are available now in the Clerk’s Office for various Assembly, School Board, and Service Area Seats. The filing for office will be from August 1 to August 15. EXECUTIVE SESSION 1. Offer To Settle A Grievance Brought On Behalf Of The Borough's Union-Represented Employees, Submitted By The International Brotherhood Of Electrical Workers, Local 1547. SKINNER moved to convene into executive session to discuss an offer to settle a grievance brought on behalf of the Borough’s union-represented employees, submitted by the International Brotherhood of Electrical Workers, Local 1547, the immediate public knowledge of which would adversely impact the Borough’s finances. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Skinner, Smiley, Symmons, Crow, and LeDoux. SKINNER moved to invite the Mayor, Assembly, Manager, and Borough Clerk into executive session. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. After the vote, Mayor Rohrer recessed the regular meeting and convened the executive session. AGENDA ITEM #5.A. *Regular Meeting Minutes Of July 20, 2017 and August 3, 2017...Page 11 of 192 Kodiak Island Borough July 20, 2017 Assembly Regular Meeting Minutes Page 9 of 9 Upon returning from the executive session, Mayor Rohrer reconvenes the regular meeting and announced that direction was given to the manager on how to settle the grievance. ADJOURNMENT LEDOUX moved to adjourn the meeting at 10:20 p.m. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. KODIAK ISLAND BOROUGH ATTEST: Daniel A. Rohrer, Mayor Nova M. Javier, MMC, Borough Clerk Approved on: AGENDA ITEM #5.A. *Regular Meeting Minutes Of July 20, 2017 and August 3, 2017...Page 12 of 192 Kodiak Island Borough August 3, 2017 Assembly Regular Meeting Minutes Page 1 of 10 KODIAK ISLAND BOROUGH Assembly Regular Meeting August 3, 2017 A regular meeting of the Kodiak Island Borough Assembly was held on August 3, 2017, in the Assembly Chambers of the Kodiak Island Borough Building, 710 Mill Bay Road. The meeting was called to order at 6:30 p.m. The invocation was given by Sergeant Major Dave Blacketer of the Salvation Army. Mayor Rohrer led the Pledge of Allegiance. Present were Mayor Dan Rohrer, Assembly members Kyle Crow, Larry LeDoux, Rebecca Skinner, Scott Smiley, Dennis Symmons, Dave Townsend, and Matthew Van Daele. Also present were Borough Manager Michael Powers, Borough Clerk Nova Javier, and Assistant Clerk Karen Siador. APPROVAL OF AGENDA AND CONSENT AGENDA VAN DAELE moved to approve the agenda and consent agenda. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF MINUTES The regular meeting minutes of May 18, 2017 were approved under the consent agenda. CITIZENS’ COMMENTS Bill Roberts expressed his concerns about Resolution No. FY2018-09 specifying this would place the responsibility on municipalities rather than urging the State to address the issue. He was not opposed to the Resolution, he was just not happy that it was being dumped back on the Municipalities. Michael Johnson expressed his concerns about the proposed excise tax on cigarettes and other tobacco products. As a business owner of the only dedicated Vape shop in Kodiak, he stated that the proposed Ordinance unfairly and disproportionately affects his small business. He also stated that although there were visible similarities, from health perspective, vaping and smoking were not the same at all. Vaping was 95% safer than smoking cigarettes. From an economic stand point, the inclusion of vapor nicotine products could have a devastating impact on his business while no increased revenue for the Borough. If his shop closes, there would be no revenue generated for the Borough, no sales tax revenue for the City and people would lose jobs. He recognized the Borough’s need to generate Revenue, but he was opposed to any tax that singles out vapors and punishes them for choosing an alternative safer smoking method. Judi Kidder commented about increase of City garbage bill and the Borough’s dumpster bill. She noticed an increase of $11/ month from her July bill and she received the first notice after it took effect the first notice she had gotten after it took effect. She felt that the Borough’s AGENDA ITEM #5.A. *Regular Meeting Minutes Of July 20, 2017 and August 3, 2017...Page 13 of 192 Kodiak Island Borough August 3, 2017 Assembly Regular Meeting Minutes Page 2 of 10 dumpster service was a bit unfair. She noted landfill needed signage because you can easily pass by it. She felt the Borough should inform the public of what was going on with the increase. Gary Lester expressed his concerns and opposed the tobacco tax increase. He stated that taxation should affect all residents equally not smokers. He stated with regard to the E911 surcharges, that it should affect everyone as well and the Assembly should think about what was fair and equitable for everyone. AWARDS AND PRESENTATIONS None. COMMITTEE REPORTS Assembly member Townsend had attended an Architectural Review Board Meeting on August 02, 2017 and discussed undergrounds storage tanks. They had approved 65% completion drawings for paving, removal and replacement of underground tanks for some elementary schools. They were looking into ways of making it cost effective as possible. As of that time they were in the design phase. PUBLIC HEARING 1. Ordinance No. FY 2018-04 Amending KIBC Title 3 Revenue And Finance To Add Chapter 3.80 Excise Tax On Cigarettes And Other Tobacco Products. VAN DAELE moved to adopt Ordinance No. FY 2018-04. Due to 2018 budget constraints and recent cuts in Federal and State funding, it was necessary for the Borough to expand its tax base. After researching all possible options, a tax on cigarettes and other tobacco products was the most palpable option. The Borough exercised its authority granted to it by Alaska Statutes AS29.35.010 to levy a tax. SKINNER moved to amend Ordinance No. FY2018-04, lines 130 to 134 to read: Any nicotine product that is used in a vaporization device such as e-cigarettes, e-cigars, e-pipes, or any other product name used to provide nicotine vapors. The vaporization device is not subject to this tax if it is not sold packaged together with a nicotine product. ROLL CALL VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY: Crow, LeDoux, Skinner, Smiley, Symmons, Townsend, and Van Daele. SKINNER moved to amend line 179 of Ordinance No. FY2018-04 to change the levy of excise tax for each cigarette from $0.10 to $0.05. ROLL CALL VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY: LeDoux, Skinner, Smiley, Symmons, Townsend, Van Daele, and Crow. SKINNER moved to amend line 187, from September 1, 2017 to October 1, 2017. AGENDA ITEM #5.A. *Regular Meeting Minutes Of July 20, 2017 and August 3, 2017...Page 14 of 192 Kodiak Island Borough August 3, 2017 Assembly Regular Meeting Minutes Page 3 of 10 ROLL CALL VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY: Skinner, Smiley, Symmons, Townsend, Van Daele, Crow, and LeDoux. VAN DAELE moved to amend line 589 to change the effective date f rom September 1, 2017 to October 1, 2017. VAN DAELE moved to amend his amendment to include the effective date on line 181 as well as line 589. VOICE VOTE ON MOTION TO AMEND THE AMENDMENT CARRIED UNANIMOUSLY. ROLL CALL VOTE ON MOTION TO AMEND AS AMENDED CARRIED SIX TO ONE: Smiley, Symmons, Townsend, Van Daele, Crow, and LeDoux (Ayes); Skinner (No). TOWNSEND moved to amend by moving lines 130-134 under the exemptions. ROLL CALL VOTE ON MOTION TO AMEND CARRIED SIX TO ONE: Symmons, Townsend, Van Daele, Crow, LeDoux, and Smiley (Ayes); Skinner (No). Mayor Rohrer opened the public hearing. Tanya Kitka had been researching in regards to this topic because they were looking into buying the vape shop in town. She noted some common misconception about vaping. She stated that a 45% tax for a wholesale wasn’t sustainable a small business. If the Borough was looking for ways to raise money, the Borough should raise tax on everything not just excise taxes on nicotine-related products. She was glad that the Assembly was carefully considering it before passing the Ordinance. Matthew Sauerland stated that he started smoking cigarettes when he came up to Alaska. It was really hard to quit smoking until the vape shop started the previous year. He started vaping in December and quit smoking overnight. He said that if this tax passed, the Borough would be punishing all smokers who were trying to quit and were looking into vaping as an option. He noted that if anything, vaping should be looked at a good thing because it encourages people to improve their lives. Betty MacT avish spoke about the origin of SB15 and elaborated on the statistics of E-cigarettes. She suggested that the Assembly raise the tax to $2 a pack. Judi Kidder stated that she was affected greatly by second hand smoke. She noted that anything that could help get rid of smoking would be beneficial for a lot of people who have serious issues with cigarette smoke. She added that vaping doesn’t affect her just like a traditional cigarette would and did not think it was in the same class of product. Mayor Rohrer closed the public hearing. SKINNER moved to postpone Ordinance No. FY2018-04 to September 07 regular meeting and hold a public hearing. CROW withdrew the motion to postpone Ordinance No. FY2018-04. AGENDA ITEM #5.A. *Regular Meeting Minutes Of July 20, 2017 and August 3, 2017...Page 15 of 192 Kodiak Island Borough August 3, 2017 Assembly Regular Meeting Minutes Page 4 of 10 VOICE VOTE ON THE MOTION TOWNSEND moved to amend line 185 from 45% to 25% ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Townsend, Van Daele, Crow, LeDoux, Skinner, Smiley, and Symmons. ROLL CALL VOTE ON THE MAIN MOTION AS AMENDED CARRIED FIVE TO TWO: Van Daele, Crow, LeDoux, Smiley, and Townsend (Ayes); Skinner and Symmons (Noes). BOROUGH MANAGER’S REPORT Manager Powers briefly reported on the following: • The opening of Chiniak for firewood gathering and issuing an RFP for the Chiniak slash and logs for commercial purposes. • Met with Kodiak College regarding their interest in the apartments currently leased to the University Of Alaska. • Met with City over several topics. • Sent out nearly $200,000 to the State’s Department of Education for payments related to last year’s bond refinancing. MESSAGES FROM THE BOROUGH MAYOR Mayor Rohrer announced the following: • Election cycle had opened up and acceptance of nominating petitions started as of August 1st. • Next week’s work session would focus on land usage issues, chicken ordinance, small lots subdivisions, and other items. UNFINISHED BUSINESS 1. Resolution No. FY2018-05 Changing The 911 Surcharge On All Local Exchange Access Lines In The Area From Seventy-five Cents To Two Dollars Per Month The motion was already on the floor which was to adopt Resolution No. FY2018-05. This resolution was postponed from the July 20, 2017 meeting. The Kodiak Island Borough imposed and collected a 911 surcharge from local telephone service providers. The surcharge was assessed on a monthly basis on each telephone line for the Kodiak road system. The surcharge was paid to the borough and the borough passed all of the fees to the City of Kodiak to operate and maintain the local enhanced 911 system. The surcharge had been $.75 per month per telephone line since 1995. The City had requested an increase in the surcharge from $.75 to $2.00. VAN DAELE disclosed that he had been hired by the City of Kodiak, but he felt that he does not have any conflict of interest. Mayor Rohrer ruled that Assembly member Van Daele did not have any conflict of interest. AGENDA ITEM #5.A. *Regular Meeting Minutes Of July 20, 2017 and August 3, 2017...Page 16 of 192 Kodiak Island Borough August 3, 2017 Assembly Regular Meeting Minutes Page 5 of 10 CROW appealed from the decision of the Chair. ROLL CALL VOTE ON APPEALING THE RULING THREE TO THREE: LeDoux, Smiley, and Townsend (Ayes); Crow, Skinner, and Symmons (Noes). The Mayor’s ruling was sustained. CROW moved to amend the Resolution from $2.00 to $1.50. ROLL CALL VOTE ON MOTION TO AMEND FAILED THREE TO FOUR: Skinner, Symmons, and Crow (Ayes); LeDoux, Smiley, Townsend, and Van Daele (Noes). ROLL CALL VOTE ON THE MOTION CARRIED SIX TO ONE: LeDoux, Skinner, Smiley, Townsend, and Van Daele (Ayes); Symmons (No). NEW BUSINESS Contracts None. Resolutions 1. Resolution No. FY2018-02A Amending Resolution No. FY2018-02 Schedule Of Fees Of The Kodiak Island Borough LEDOUX moved to adopt Resolution No. FY2018-02A. This fee schedule change was requested by the Assembly which would waive any application fees for accessory dwelling units. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Skinner, Smiley, Symmons, Townsend, Van Daele, Crow, and Ledoux. 2. Resolution No. FY2018-08 Authorizing The Assessor To Assess The Spruce Cape Homes Low-Income HousingTax Credit (LIHTC) Project Based On Restricted Rents. SKINNER moved to adopt Resolution No. FY2018-08. The growing need for safe, affordable, quality housing in Kodiak had prompted Spruce Cape Homes, Swell, LLC. to pursue the construction of a 50 unit project that was implemented in two phases with the assistance of low-income housing tax credits. These tax credits helped fund the initial investment for construction. The request from the project owners was that the Kodiak Island Borough assess the project based on actual rents and not by market rents. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Smiley, Symmons, Townsend, Van Daele, Crow, Ledoux, and Skinner. 3. Resolution No. FY2018-09 Requesting That The Legislature Repeal The Senior Citizens/Disabled Veteran's Property Tax Exemption (AS 29.45.030(9)), Excluding The AGENDA ITEM #5.A. *Regular Meeting Minutes Of July 20, 2017 and August 3, 2017...Page 17 of 192 Kodiak Island Borough August 3, 2017 Assembly Regular Meeting Minutes Page 6 of 10 Value From The Determination Under AS 14.17.510, Giving Control To Local Governments For Those Fiscal Decisions. CROW moved to adopt Resolution No. FY2018-09. This resolution was requested by Assembly member Kyle Crow at the July 27 work session. This resolution requested that the Alaska Municipal League urge the legislature to repeal the Senior Citizen’s/Disabled Veteran’s Property Tax Exemption (AS 29.45.030(g)), excluding the value from the determination under AS 14.17.510, giving control to local governments for those fiscal decisions Upon adoption, this Resolution was submitted to the membership of the Alaska Municipal League for consideration and adoption. ROLL CALL VOTE ON THE MOTION CARRIED FIVE TO TWO: Symmons, Crow, LeDoux, Skinner, and Smiley (Ayes); Townsend and Van Daele (Noes). Ordinances for Introduction 1. 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). LEDOUX moved to advance Ordinance No. FY2018-05 to public hearing at the next regular meeting of the Assembly. This Comprehensive Plan Future Land Use Designation change request and subsequent rezone request (P&Z Case No. 17-026) were the result of a substantiated complaint regarding the operation of a commercial lodge on R1-Single-family Residential zoned Lots 1A, 2, 3, and 4, Block 3, Tract A, Larsen Bay Subdivision (a prohibited use in that zoning district). A commercial lodge (Kodiak Legends Lodge) had operated on lot 1A since 1998. Since 2009, related lodge activities had been expanded onto adjacent Lots 2, 3, and 4. The applicant desired to continue the existing lodge operation. To legally do so, the subject lots were rezoned from R1-Single-family Residential to B-Business. Although B-Business zoning was consistent with various objectives of the adopted Comprehensive Plan, it was not consistent with the Residential Future Land Use Designation assigned to the lots. Accordingly, that designation was changed to a designation that was consistent with B-Business zoning. The requested Mixed Commercial/Waterfront/Residential designation was consistent with B-Business zoning. The Planning and Zoning Commission held a public hearing on this request at their April 19, 2017 regular meeting. The Commission, after hearing public comment opposing the amendment, voted to postpone the request to the June 21, 2017 regular meeting. The intent of the postponement was to allow sufficient time for additional input from the City of Larsen bay and residents. In an effort to solicit additional public input, the June 21, 2017 public hearing was advertised to all listed Larsen Bay property owners. After that public hearing, the Commission, voted AGENDA ITEM #5.A. *Regular Meeting Minutes Of July 20, 2017 and August 3, 2017...Page 18 of 192 Kodiak Island Borough August 3, 2017 Assembly Regular Meeting Minutes Page 7 of 10 unanimously to divide the request by separating the proposed 2008 Comprehensive Plan amendment for Lot 1A from Lots 2, 3, and 4. The question was divided to accommodate addressing the long standing lodge use separately from the more recently expanded lodge related activities. The Commission then voted unanimously to recommend that the Assembly approve the 2008 Comprehensive Plan amendment for lot 1A and postponed the proposed amendment for Lots 2, 3, and 4 to their April 19, 2018 regular meeting The intent of the postponement was to allow sufficient time for further input on the more recently established lodge related activities taking place on those lots and to accommodate a review of the City of Larsen Bay annex to the 2008 Comprehensive Plan as it pertains to the establishment of new lodges in that community. Accordingly, the ordinance before the Assembly only applied to Lot 1A. ROLL CALL VOTE ON MOTION CARRIED FIVE TO TWO: Townsend, Van Daele, LeDoux, Skinner, Smiley (Ayes); Crow and Symmons (Noes). 2. 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). LEDOUX moved to advance Ordinance No. FY2018-06 to public hearing at the next regular meeting of the Assembly. This rezone request followed a 2008 Comprehensive Plan amendment request for the same parcels (Lots 1A, 2, 3, and 4, Block 3, Tract A, Larsen Bay Subdivision, P&Z Case No. 17-026, KIB Ordinance No. FY2018-05). As was the case with the associated Comprehensive Plan amendment request (P&Z Case No. 17-026), the Planning and Zoning Commission initially postponed the rezone request. The request was later divided by separating the proposed rezone of Lot 1A from lots 2, 3, and 4. The Commission then unanimously voted to recommend that the Assembly approve the rezone of Lot 1A and postponed the proposed rezone of Lots 2, 3, and 4 to their April 19, 2018 regular meeting. The intent of the postponement was to allow sufficient time for further public input on the request as it applies to those lots and to accommodate a review of the City of Larsen Bay annex to the 2008 Comprehensive Plan to address the establishment of new lodges in that community. Accordingly, the ordinance before the Assembly only applied to Lot 1A. ROLL CALL VOTE ON MOTION CARRIED FIVE TO TWO: Van Daele, LeDoux, Skinner, Smiley, and Townsend (Ayes); Crow and Symmons (Noes). 3. 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). VAN DAELE moved to advance Ordinance No. FY2018-07 to public hearing at the next regular meeting of the Assembly. This rezone request was the result of a substantiated complaint regarding the operation of a commercial lodge on an R1-Single-family Residential zoned lot in the City of Larsen Bay (a prohibited use in that zoning district). AGENDA ITEM #5.A. *Regular Meeting Minutes Of July 20, 2017 and August 3, 2017...Page 19 of 192 Kodiak Island Borough August 3, 2017 Assembly Regular Meeting Minutes Page 8 of 10 A commercial lodge (Foxtail Lodge) had operated on the subject lot since 2000. The applicant desired to continue the lodge operation. To legally do so, the existing lodge was brought into compliance with the requirements of Title 17 (Zoning) of the Borough code by rezoning the lot to a district that permits such use. Lodges had been determined to be a permitted use in B- Business zoning. B-Business zoning was also consistent with the Commercial Future Land Use Designation assigned to the lot and various objectives of the adopted Comprehensive Plan. Accordingly, a rezone to B-Business was requested. The Planning and Zoning Commission held a public hearing on this rezone request at their June 21, 2017 regular meeting. The Commission voted unanimously to recommend that the Assembly approve this rezone. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Crow, LeDoux, Skinner, Smiley, Symmons, Townsend, and Van Daele. Other Items None. CITIZENS’ COMMENTS Jane Petrich expressed her concerns regarding the Ordinances No. FY2018-05, FY2018-06, and FY2018-07. She noted that the Larsen Bay City Council, Tribal Council and 25 residents of Larsen Bay expressed their opposition of these rezone requests. The community wanted to be involved in this decision and they requested the Borough’s assistance in understanding zoning laws and regulations. Judi Kidder was glad that the Community Development Department was going to follow their expiration dates regarding their conditional permits. She talked about Relay for life and the future land use of Woody Way field which she thought should be developed. Betty MacTavish thanked the Assembly for the progress they had made considering the $1.00 tax on tobacco and other tobacco related products. She had also mentioned that tobacco products that have been purchased online get taxed as well. The agency who sells it will receive a mailed tax bill from the State of Alaska. ASSEMBLY MEMBERS’ COMMENTS Assembly member Crow acknowledged Judi Kidder’s comment about the landfill sign and he encouraged the public to run for office for the upcoming municipal election. Assembly member Smiley said that 911 discussions were interesting and he was glad that it passed. He voiced his concern on how the Assembly would work on the nicotine discussion in the future. Assembly member LeDoux stated that he found the discussion about conflict of interest interesting and certainly honest. He felt bad not declaring a conflict of interest when they had passed the budget for mill rates which he had a substantial amount of financial interest on. AGENDA ITEM #5.A. *Regular Meeting Minutes Of July 20, 2017 and August 3, 2017...Page 20 of 192 Kodiak Island Borough August 3, 2017 Assembly Regular Meeting Minutes Page 9 of 10 Assembly member Skinner suggested that conflict of interest would be a good topic in the future for the Assembly. She also encouraged members of the public who were highly interested to be proactive and be a part of the Assembly. She would like the Assembly to explore some facilitated dialogue with Larsen Bay. She noted that the new signs at Mill Bay beach clearly communicated their intended purpose. She also noted that Parks and Recreation Committee was in the process of creating catalogue of what the committee’s resources were and spoke regarding Woody Way field development. Assembly member Symmons was grateful for the public, staff and Assembly.This meeting brought up lot of interesting things and he was looking forward to talk to Larsen bay community. Assembly member Van Daele appreciated public comments and feedback from Larsen Bay. Assembly member Townsend encouraged people to run for the assembly and he decided not to run for the upcoming election. Announcements Mayor Rohrer announced that the Assembly would hold a work session on Thursday, August 10, 2017 at 6:30 p.m. in the school district conference room and the next regular meeting was scheduled on Thursday, August 17 at 6:30 p.m. in the Borough assembly chambers. Nominating packets were available in the Clerk’s Office for various Assembly, School Board, and Service Area seats. The candidacy filing period would be open from August 1 to August 15. ADJOURNMENT CROW moved to adjourn the meeting. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. The meeting was adjourned at 10:18 p.m. KODIAK ISLAND BOROUGH ATTEST: Daniel A. Rohrer, Mayor Nova M. Javier, MMC, Borough Clerk Approved on: AGENDA ITEM #5.A. *Regular Meeting Minutes Of July 20, 2017 and August 3, 2017...Page 21 of 192 Kodiak Island Borough July 11, 2017 Assembly Special Meeting Minutes Page 1 of 2 KODIAK ISLAND BOROUGH Assembly Special Meeting July 11, 2017 A special meeting of the Kodiak Island Borough Assembly was held on July 11, 2017, in the Borough Conference Room of the Kodiak Island Borough Building, 710 Mill Bay Road. The meeting was called to order at 6:05 p.m. Present were Mayor Dan Rohrer, Assembly members Kyle Crow, Larry LeDoux, Rebecca Skinner, and Dennis Symmons. Also present were Borough Manager Michael Powers, and Borough Clerk Nova Javier. CROW moved to excuse Assembly member Smiley, Townsend, and VanDaele who were absent due to personal leave. Clerk’s note: Assembly member Townsend arrived at 6:22 p.m. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. ROLL CALL CITIZENS COMMENTS None. CONSIDERATION OF MATTERS IN THE CALL FOR THE SPECIAL MEETING 1. EXECUTIVE SESSION - Litigation Tactics And Strategies Regarding Kodiak High School Construction Claims: Watterson Construction V. Kodiak Island Borough CROW moved to convene into executive session to discuss litigation tactics and strategies regarding Kodiak High School construction claims: Watterson Construction v. Kodiak Island Borough, a subject matter involving pending litigation to which the borough is a party and confidential attorney-client communications made for the purpose of facilitating the rendition of professional legal services to the borough. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Crow, LeDoux, Skinner, and Symmons. CROW moved to invite the Borough Mayor, Assembly members, Manager, and Clerk into executive session. CROW moved to amend the motion to invite to also invite the Borough attorneys into executive session (Joe Levesque and Bruce Falconer). VOICE VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY AGENDA ITEM #5.A. *Regular Meeting Minutes Of July 20, 2017 and August 3, 2017...Page 22 of 192 Kodiak Island Borough July 11, 2017 Assembly Special Meeting Minutes Page 2 of 2 VOICE VOTE ON MOTION AS AMENDED CARRIED UNANIMOUSLY Mayor Rohrer recessed the meeting at 6:07 p.m. Mayor Rohrer reconvened the special meeting was reconvened at 6:38 p.m. and announced that no action was taken as a result of the executive session. 2. EXECUTIVE SESSION - Litigation Tactics, Strategies, And Settlement Negotiations With The Borough's Insurer, Alaska Municipal League/Joint Insurance Association. Symmons moved to convene into executive session to discuss litigation tactics and strategies and settlement negotiations with the Borough’s insurer, Alaska Municipal League/Joint Insurance Association a subject matter involving a potential litigation to which the borough may become a party and confidential attorney-client communications made for the purpose of facilitating the rendition of professional legal services to the borough. SYMMONS moved to invite the Borough Mayor, Assembly members, Manager, Borough Attorney Joe Levesque, and Clerk into executive session. Mayor Rohrer recessed the meeting at 6:41 p.m. Mayor Rohrer reconvened the special meeting was reconvened at 7:05 p.m. and announced that instructions were given to the borough attorney on how to proceed. ADJOURNMENT The meeting adjourned at 7:05 p.m. KODIAK ISLAND BOROUGH ATTEST: Daniel A. Rohrer, Mayor Nova M. Javier, MMC, Borough Clerk Approved on: AGENDA ITEM #5.A. *Regular Meeting Minutes Of July 20, 2017 and August 3, 2017...Page 23 of 192 KODIAK ISLAND BOROUGH STAFF REPORT SEPTEMBER 21, 2017 ASSEMBLY REGULAR MEETING Kodiak Island Borough 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: The motion is on the floor which is "to adopt Ordinance No. FY2018-02." DISCUSSION: This ordinance was postponed to September 21 from the September 7 meeting. The Assembly also decided to hold another public hearing on this ordinance. 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: AGENDA ITEM #9.A. Ordinance No. FY2018-02 Amending Title 17 KIBC (Zoning) By A...Page 24 of 192 Kodiak Island Borough, Alaska Ordinance No. FY2018-02 Deletion – Red, Strikeout Page 1 of 5 Insertion – Bold, Blue, Underlined Version 1 Introduced by: KIB Assembly 1 Drafted by: CDD 2 Introduced on: 08/17/2017 3 Public Hearing Date: 09/07/2017 4 Postponed: 09/21/2017 5 2nd Public Hearing Date: 09/21/2017 6 Adopted on: 7 8 KODIAK ISLAND BOROUGH 9 ORDINANCE NO. FY2018-02 10 11 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDING 12 TITLE 17 KIBC (ZONING) BY ADDING CHAPTER 17.77 KIBC (RSL-RESIDENTIAL SMALL 13 LOT SINGLE-FAMILY DISTRICT) TO CREATE A NEW ZONING DISTRICT THAT WILL 14 ALLOW DEVELOPMENT OF SINGLE-FAMILY DWELLINGS ON SMALLER LOTS IN THE 15 BOROUGH (P&Z CASE NO. 17-014) 16 17 WHEREAS, as a second class Borough, the Kodiak Island Borough exercises planning, 18 platting, and land use regulations on an area wide basis pursuant to Chapter 29.40 Alaska 19 Statutes (AS); and 20 21 WHEREAS, in accordance with AS 29.40, the Kodiak Island Borough adopted the 2008 22 Comprehensive Plan update on December 6, 2007 (Ordinance No. FY2008-10) to replace the 23 1968 Comprehensive Plan; and 24 25 WHEREAS, the Kodiak Island Borough has adopted Title 17 (Zoning) of the Kodiak Island 26 Borough Code (KIBC) in accordance with AS 29.40 to implement the Kodiak Island Borough 27 Comprehensive Plan; and 28 29 WHEREAS, KIBC 17.205.010 provides that “Whenever the public necessity, convenience, 30 general welfare or good zoning practice requires, the assembly may, by ordinance and after 31 report thereon by the commission and public hearing as required by law, amend, supplement, 32 modify, repeal or otherwise change these regulations and the boundaries of the districts;” and 33 34 WHEREAS, there is a growing public awareness of the need for additional housing options in 35 Kodiak; and 36 37 WHEREAS, allowing development of single-family dwellings on smaller lots in the Borough may 38 be one part of a regulatory solution to address this multi-faceted issue; and 39 40 WHEREAS, KIBC Title 17 (Zoning) requires a minimum lot area of 7,200 square feet in those 41 urban residential zoning districts that allow development of single-family dwellings; and 42 43 WHEREAS, lots smaller than 7,200 square feet are capable of accommodating such 44 development while providing sufficient yard setbacks and off-street parking; and 45 46 WHEREAS, creating a new urban residential zoning district that allows the development of 47 single-family dwellings on smaller lots should reduce the associated land costs and encourage 48 the construction of smaller housing types in that new district; and 49 AGENDA ITEM #9.A. Ordinance No. FY2018-02 Amending Title 17 KIBC (Zoning) By A...Page 25 of 192 Kodiak Island Borough, Alaska Ordinance No. FY2018-02 Deletion – Red, Strikeout Page 2 of 5 Insertion – Bold, Blue, Underlined Version 1 50 WHEREAS, the public necessity, convenience, and general welfare of the community may be 51 better served by amending Title 17 KIBC (Zoning) by adding chapter 17.77 KIBC (RSL-52 Residential Small Lot Single-Family District) to create a new zoning district that specifies the 53 regulatory requirements for development of single-family dwellings on smaller lots in the 54 Borough; and 55 56 WHEREAS, the Planning and Zoning Commission held work sessions to review the proposed 57 chapter on October 7, 2015, October 14, 2016, November 10, 2015, December 9, 2015, 58 January 13, 2016, February 10, 2016, March 9, 2016, May 11, 2016, November 9, 2016, and 59 December 7, 2016; and 60 61 WHEREAS, the Planning and Zoning Commission set aside time for public input and discussion 62 at each work session; and 63 64 WHEREAS, the Planning and Zoning Commission held work sessions on January 11, 2017, 65 February 8, 2017, and May 10, 2017 followed by public hearings on January 18, 2017, February 66 15, 2017, and May 17, 2017; and 67 68 WHEREAS, the Planning and Zoning Commission, following the May 17 , 2017 public hearing, 69 voted to transmit their recommendation to amend Title 17 KIBC (Zoning) by adding Chapter 70 17.77 KIBC (RSL-Residential Small Lot Single-Family District) to the Borough Assembly; and 71 72 WHEREAS, the Assembly held work sessions on August 10, 2017, August 31, 2017, and 73 September 14, 2017; and 74 75 WHEREAS, the Assembly held a public hearing on September 21, 2017; and 76 77 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 78 BOROUGH THAT: 79 80 Section 1: This ordinance is of a general and permanent nature and shall become a part of the 81 Kodiak Island Borough Code of Ordinances; and 82 83 Section 2: By this ordinance, the Borough Assembly adopts the following findings of fact in 84 support of their approval of the amendment: 85 86 1. There is a growing need for additional housing options in Kodiak. Allowing development 87 of single-family dwellings on smaller lots in the Borough may be one part of a regulatory 88 solution to address this multi-faceted issue. 89 90 2. Current KIBC Title 17 (Zoning) requires a minimum lot area of 7,200 square feet in those 91 urban residential zoning districts that allow development of single-family dwellings. Lots 92 smaller than 7,200 square feet are capable of accommodating such development while 93 providing sufficient yard setbacks and off-street parking. 94 95 3. Creating a new urban residential zoning district that allows the development of single-96 family dwellings on smaller lots should reduce the associated land costs and encourage 97 the construction of smaller housing types in that new district. 98 99 AGENDA ITEM #9.A. Ordinance No. FY2018-02 Amending Title 17 KIBC (Zoning) By A...Page 26 of 192 Kodiak Island Borough, Alaska Ordinance No. FY2018-02 Deletion – Red, Strikeout Page 3 of 5 Insertion – Bold, Blue, Underlined Version 1 4. The amendment will create a new urban residential zoning district that specifies the 100 regulatory requirements for development of single-family dwellings on smaller lots in the 101 Borough, which is consistent with the adopted Comprehensive Plan goals, policies, and 102 implementation actions related to land use and housing. 103 104 5. The Planning and Zoning Commission recommends approval of amending Title 17 KIBC 105 (Zoning) by adding Chapter 17.77 KIBC (RSL-Residential Small Lot Single-Family 106 District). 107 108 Effective Date: This ordinance takes effect upon adoption. 109 110 Chapter 17.77 111 RSL – RESIDENTIAL SMALL LOT SINGLE-FAMILY DISTRICT 112 Sections: 113 17.77.010 Description and intent. 114 17.77.020 Permitted uses. 115 17.77.030 Conditional uses. 116 17.77.040 Minimum size of the RSL district. 117 17.77.050 Prohibited lot designs. 118 17.77.060 Area requirements. 119 17.77.070 Yards. 120 17.77.080 Building height limit. 121 17.77.090 Public service requirement. 122 123 17.77.010 Description and intent. 124 The RSL residential small lot single-family zoning district is established as a land use 125 district for single-family residential dwellings on smaller lots, where public water and 126 sewer services are available. For the residential small lot single-family zoning district, in 127 promoting the general purposes of this title, the specific intentions of this chapter are: 128 A. To reduce land costs associated with single-family residential development; 129 B. To encourage the construction of smaller housing types; 130 C. To prohibit commercial, industrial, and any other use of the land which would interfere 131 with the development or continuation of single-family dwellings in the district; and 132 D. To require a minimum land area to establish the RSL district to reduce the impacts of 133 potential subdivision of existing lots within neighborhoods. 134 135 17.77.020 Permitted uses. 136 The following land uses and activities are permitted in the residential small lot single-137 family district: 138 A. Single-family dwellings; 139 B. One accessory building; 140 C. Home occupations; and 141 AGENDA ITEM #9.A. Ordinance No. FY2018-02 Amending Title 17 KIBC (Zoning) By A...Page 27 of 192 Kodiak Island Borough, Alaska Ordinance No. FY2018-02 Deletion – Red, Strikeout Page 4 of 5 Insertion – Bold, Blue, Underlined Version 1 D. Hoop houses. 142 143 17.77.030 Conditional uses. 144 Reserved. 145 146 17.77.040 Minimum size of the RSL district. 147 A. A minimum contiguous land area of 1.5 acres that is capable of being subdivided into 148 10 or more lots that meet RSL district lot area, width, and design requirements is 149 required to establish this zoning district. 150 B. One or more parcels that meet the contiguous land area requirement may be rezoned 151 to this district, subject to the following: 152 1. An approved rezone shall not become effective until approval and recording of a 153 plat that subdivides the subject land into 10 or more lots that meet the requirements 154 of Title 16 (Subdivision) and Title 17 (Zoning) of the Borough Code; and 155 2. The rezone shall become null and void if a plat depicting the subdivision is not 156 approved and recorded within 36 months from the date of rezone approval. 157 158 17.77.050 Prohibited lot designs. 159 The flag lot designs listed in Chapter 16.40 KIBC are prohibited in the RSL district. 160 161 17.77.060 Area requirements. 162 A. Lot Area. 163 1. The minimum lot area required is 3,600 square feet. 164 2. The maximum lot area allowed is 6,000 square feet. 165 3. Water bodies, private roads, and public access easements are excluded from lot 166 area calculations. 167 B. Lot Width. 168 1. The minimum lot width for an interior lot is 30 feet. 169 2. The minimum lot width for a corner lot is 35 feet. 170 171 17.77.070 Yards. 172 A. Front Yard. The minimum front yard shall be 25 feet. 173 B. Side Yard. The minimum side yard required is five feet. The minimum side yard 174 required on the street side of a corner lot is 10 feet. 175 C. Rear Yard. The minimum rear yard required is 10 feet. 176 177 17.77.080 Building height limit. 178 The maximum building height allowed is 35 feet. 179 180 17.77.090 Public service requirement. 181 Water and sanitary sewer service from a certificated public utility or municipal system 182 are required for lots in this land use district. 183 AGENDA ITEM #9.A. Ordinance No. FY2018-02 Amending Title 17 KIBC (Zoning) By A...Page 28 of 192 Kodiak Island Borough, Alaska Ordinance No. FY2018-02 Deletion – Red, Strikeout Page 5 of 5 Insertion – Bold, Blue, Underlined Version 1 184 185 186 187 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 188 THIS __________ DAY OF _______________, 2017. 189 190 KODIAK ISLAND BOROUGH ATTEST: 191 192 193 ___________________________ ___________________________ 194 Daniel A. Rohrer, Mayor Nova M. Javier, MMC, Clerk 195 196 VOTES: 197 Ayes: 198 Noes: 199 AGENDA ITEM #9.A. Ordinance No. FY2018-02 Amending Title 17 KIBC (Zoning) By A...Page 29 of 192 RSL-Residential Small Lot Single-Family District RSL District Conceptual DrawingsCase No. 17-014Applicant: Kodiak Island Borough Request: An ordinance amending Title 17 KIBC (Zoning) byadding 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 µ PUBLIC HEARING ITEM 7-A P & Z REGULAR MEETING: MAY 17, 2017 Case No. 17-014 AGENDA ITEM #9.A. Ordinance No. FY2018-02 Amending Title 17 KIBC (Zoning) By A...Page 30 of 192 RSL-Residential Small Lot Single-Family District RSL District Conceptual DrawingsCase No. 17-014Applicant: Kodiak Island Borough Request: An ordinance amending Title 17 KIBC (Zoning) byadding 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 µ PUBLIC HEARING ITEM 7-A P & Z REGULAR MEETING: MAY 17, 2017 Case No. 17-014 AGENDA ITEM #9.A. Ordinance No. FY2018-02 Amending Title 17 KIBC (Zoning) By A...Page 31 of 192 RSL-Residential Small Lot Single-Family District RSL District Conceptual DrawingsCase No. 17-014Applicant: Kodiak Island Borough Request: An ordinance amending Title 17 KIBC (Zoning) byadding 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 µ PUBLIC HEARING ITEM 7-A P & Z REGULAR MEETING: MAY 17, 2017 Case No. 17-014 AGENDA ITEM #9.A. Ordinance No. FY2018-02 Amending Title 17 KIBC (Zoning) By A...Page 32 of 192 SUPPLEMENTAL STAFF REPORT AND RECOMMENDATION 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 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. DATE: May 11, 2017 TO: Planning and Zoning Commission FROM: Community Development Department SUBJECT: Information for the May 17, 2017 Regular Meeting 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 May 10, 2017 work session the Commission completed their review of this ordinance. The attached version (Version 2) incorporates all recommended changes to date. CURRENT MOTION BEFORE THE COMMISSION 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. RECOMMENDATION TO AMEND BY SUBSTITUTION Staff recommends that the Commission amend by substitution with Version 2. AMEND BY SUBSTITUTION Should the Commission agree with the staff recommendation, the appropriate motion is: Move to amend by substitution with Version 2. Staff recommends this motion be approved. Should this motion be approved, the following amended main motion will be on the floor: PUBLIC HEARING ITEM 7-A P & Z REGULAR MEETING: MAY 17, 2017 Case No. 17-014 AGENDA ITEM #9.A. Ordinance No. FY2018-02 Amending Title 17 KIBC (Zoning) By A...Page 33 of 192 Recommend that the Assembly of the Kodiak Island Borough approve the ordinance, as amended by substitution, 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. Staff recommends the main motion, as amended, be approved. FINDINGS OF FACT (KIBC 17.205.020) 1. There is a growing 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. 2. Current KIBC Title 17 (Zoning) requires a minimum lot area of 7,200 square feet in those urban residential zoning districts that allow development of single-family dwellings. Lots smaller than 7,200 square feet are capable of accommodating such development while providing sufficient yard setbacks and off-street parking. 3. 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. 4. The amendment will create a new urban residential zoning district that specifies the regulatory requirements for development of single-family dwellings on smaller lots in the Borough, which is consistent with the adopted Comprehensive Plan goals, policies, and implementation actions related to land use and housing. 5. The Planning and Zoning Commission recommends approval of amending Title 17 KIBC (Zoning) by adding Chapter 17.77 KIBC (RSL-Residential Small Lot Single-Family District). PUBLIC HEARING ITEM 7-A P & Z REGULAR MEETING: MAY 17, 2017 Case No. 17-014 AGENDA ITEM #9.A. Ordinance No. FY2018-02 Amending Title 17 KIBC (Zoning) By A...Page 34 of 192 Kodiak Island Borough, Alaska Ordinance No. FY2017-XX Deletion – Red, Strikeout Page 1 of 5 Insertion – Bold, Blue, Underlined Version 2 Introduced by: P&Z Commission 1 Drafted by: CDD 2 Introduced on: 3 Public Hearing Date: 4 Adopted on: 5 6 KODIAK ISLAND BOROUGH 7 ORDINANCE NO. FY2017-XX 8 9 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDING 10 TITLE 17 KIBC (ZONING) BY ADDING CHAPTER 17.77 KIBC (RSL-RESIDENTIAL SMALL 11 LOT SINGLE-FAMILY DISTRICT) TO CREATE A NEW ZONING DISTRICT THAT WILL 12 ALLOW DEVELOPMENT OF SINGLE-FAMILY DWELLINGS ON SMALLER LOTS IN THE 13 BOROUGH (P&Z CASE NO. 17-014) 14 15 WHEREAS, as a second class Borough, the Kodiak Island Borough exercises planning, 16 platting, and land use regulations on an area wide basis pursuant to Chapter 29.40 Alaska 17 Statutes (AS); and 18 19 WHEREAS, in accordance with AS 29.40, the Kodiak Island Borough adopted the 2008 20 Comprehensive Plan update on December 6, 2007 (Ordinance No. FY2008-10) to replace the 21 1968 Comprehensive Plan; and 22 23 WHEREAS, the Kodiak Island Borough has adopted Title 17 (Zoning) of the Kodiak Island 24 Borough Code (KIBC) in accordance with AS 29.40 to implement the Kodiak Island Borough 25 Comprehensive Plan; and 26 27 WHEREAS, KIBC 17.205.010 provides that “Whenever the public necessity, convenience, 28 general welfare or good zoning practice requires, the assembly may, by ordinance and after 29 report thereon by the commission and public hearing as required by law, amend, supplement, 30 modify, repeal or otherwise change these regulations and the boundaries of the districts;” and 31 32 WHEREAS, there is a growing public awareness of the need for additional housing options in 33 Kodiak; and 34 35 WHEREAS, allowing development of single-family dwellings on smaller lots in the Borough may 36 be one part of a regulatory solution to address this multi-faceted issue; and 37 38 WHEREAS, KIBC Title 17 (Zoning) requires a minimum lot area of 7,200 square feet in those 39 urban residential zoning districts that allow development of single-family dwellings; and 40 41 WHEREAS, lots smaller than 7,200 square feet are capable of accommodating such 42 development while providing sufficient yard setbacks and off-street parking; and 43 44 WHEREAS, creating a new urban residential zoning district that allows the development of 45 single-family dwellings on smaller lots should reduce the associated land costs and encourage 46 the construction of smaller housing types in that new district; and 47 48 Version 2 PUBLIC HEARING ITEM 7-A P & Z REGULAR MEETING: MAY 17, 2017 Case No. 17-014 AGENDA ITEM #9.A. Ordinance No. FY2018-02 Amending Title 17 KIBC (Zoning) By A...Page 35 of 192 Kodiak Island Borough, Alaska Ordinance No. FY2017-XX Deletion – Red, Strikeout Page 2 of 5 Insertion – Bold, Blue, Underlined Version 2 WHEREAS, the public necessity, convenience, and general welfare of the community may be 49 better served by amending Title 17 KIBC (Zoning) by adding chapter 17.77 KIBC (RSL-50 Residential Small Lot Single-Family District) to create a new zoning district that specifies the 51 regulatory requirements for development of single-family dwellings on smaller lots in the 52 Borough; and 53 54 WHEREAS, the Planning and Zoning Commission held work sessions to review the proposed 55 chapter on October 7, 2015, October 14, 2016, November 10, 2015, December 9, 2015, 56 January 13, 2016, February 10, 2016, March 9, 2016, May 11, 2016, November 9, 2016, and 57 December 7, 2016; and 58 59 WHEREAS, the Planning and Zoning Commission set aside time for public input and discussion 60 at each work session; and 61 62 WHEREAS, the Planning and Zoning Commission held work sessions on January 11, 2017, 63 February 8, 2017, and May 10, 2017 followed by public hearings on January 18, 2017, February 64 15, 2017, and May 17, 2017; and 65 66 WHEREAS, the Planning and Zoning Commission, following the May 17, 2017 public hearing, 67 voted to transmit their recommendation to amend Title 17 KIBC (Zoning) by adding Chapter 68 17.77 KIBC (RSL-Residential Small Lot Single-Family District) to the Borough Assembly; and 69 70 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 71 BOROUGH THAT: 72 73 Section 1: This ordinance is of a general and permanent nature and shall become a part of the 74 Kodiak Island Borough Code of Ordinances; and 75 76 Section 2: By this ordinance, the Borough Assembly adopts the following findings of fact in 77 support of their approval of the amendment: 78 79 1. There is a growing need for additional housing options in Kodiak. Allowing development 80 of single-family dwellings on smaller lots in the Borough may be one part of a regulatory 81 solution to address this multi-faceted issue. 82 83 2. Current KIBC Title 17 (Zoning) requires a minimum lot area of 7,200 square feet in those 84 urban residential zoning districts that allow development of single-family dwellings. Lots 85 smaller than 7,200 square feet are capable of accommodating such development while 86 providing sufficient yard setbacks and off-street parking. 87 88 3. Creating a new urban residential zoning district that allows the development of single-89 family dwellings on smaller lots should reduce the associated land costs and encourage 90 the construction of smaller housing types in that new district. 91 92 4. The amendment will create a new urban residential zoning district that specifies the 93 regulatory requirements for development of single-family dwellings on smaller lots in the 94 Borough, which is consistent with the adopted Comprehensive Plan goals, policies, and 95 implementation actions related to land use and housing. 96 97 PUBLIC HEARING ITEM 7-A P & Z REGULAR MEETING: MAY 17, 2017 Case No. 17-014 AGENDA ITEM #9.A. Ordinance No. FY2018-02 Amending Title 17 KIBC (Zoning) By A...Page 36 of 192 Kodiak Island Borough, Alaska Ordinance No. FY2017-XX Deletion – Red, Strikeout Page 3 of 5 Insertion – Bold, Blue, Underlined Version 2 5. The Planning and Zoning Commission recommends approval of amending Title 17 KIBC 98 (Zoning) by adding Chapter 17.77 KIBC (RSL-Residential Small Lot Single-Family 99 District). 100 101 Effective Date: This ordinance takes effect upon adoption. 102 103 Chapter 17.77 104 RSL – RESIDENTIAL SMALL LOT SINGLE-FAMILY DISTRICT 105 Sections: 106 17.77.010 Description and intent. 107 17.77.020 Permitted uses. 108 17.77.030 Conditional uses. 109 17.77.040 Minimum size of the RSL district. 110 17.77.050 Prohibited lot designs. 111 17.77.060 Area requirements. 112 17.77.070 Yards. 113 17.77.080 Building height limit. 114 17.77.090 Public service requirement. 115 116 17.77.010 Description and intent. 117 The RSL residential small lot single-family zoning district is established as a land use 118 district for single-family residential dwellings on smaller lots, where public water and 119 sewer services are available. For the residential small lot single-family zoning district, in 120 promoting the general purposes of this title, the specific intentions of this chapter are: 121 A. To reduce land costs associated with single-family residential development; 122 B. To encourage the construction of smaller housing types; 123 C. To prohibit commercial, industrial, and any other use of the land which would interfere 124 with the development or continuation of single-family dwellings in the district; and 125 D. To require a minimum land area to establish the RSL district to reduce the impacts of 126 potential subdivision of existing lots within neighborhoods. 127 128 17.77.020 Permitted uses. 129 The following land uses and activities are permitted in the residential small lot single-130 family district: 131 A. Single-family dwellings; 132 B. One accessory building; 133 C. Home occupations; and 134 D. Hoop houses. 135 136 17.77.030 Conditional uses. 137 Reserved. 138 PUBLIC HEARING ITEM 7-A P & Z REGULAR MEETING: MAY 17, 2017 Case No. 17-014 AGENDA ITEM #9.A. Ordinance No. FY2018-02 Amending Title 17 KIBC (Zoning) By A...Page 37 of 192 Kodiak Island Borough, Alaska Ordinance No. FY2017-XX Deletion – Red, Strikeout Page 4 of 5 Insertion – Bold, Blue, Underlined Version 2 139 17.77.040 Minimum size of the RSL district. 140 A. A minimum contiguous land area of 1.5 acres that is capable of being subdivided into 141 10 or more lots that meet RSL district lot area, width, and design requirements is 142 required to establish this zoning district. 143 B. One or more parcels that meet the contiguous land area requirement may be rezoned 144 to this district, subject to the following: 145 1. An approved rezone shall not become effective until approval and recording of a 146 plat that subdivides the subject land into 10 or more lots that meet the requirements 147 of Title 16 (Subdivision) and Title 17 (Zoning) of the Borough Code; and 148 2. The rezone shall become null and void if a plat depicting the subdivision is not 149 approved and recorded within 36 months from the date of rezone approval. 150 151 17.77.050 Prohibited lot designs. 152 The flag lot designs listed in Chapter 16.40 KIBC are prohibited in the RSL district. 153 154 17.77.060 Area requirements. 155 A. Lot Area. 156 1. The minimum lot area required is 3,600 square feet. 157 2. The maximum lot area allowed is 6,000 square feet. 158 3. Water bodies, private roads, and public access easements are excluded from lot 159 area calculations. 160 B. Lot Width. 161 1. The minimum lot width for an interior lot is 30 feet. 162 2. The minimum lot width for a corner lot is 35 feet. 163 164 17.77.070 Yards. 165 A. Front Yard. The minimum front yard shall be 25 feet. 166 B. Side Yard. The minimum side yard required is five feet. The minimum side yard 167 required on the street side of a corner lot is 10 feet. 168 C. Rear Yard. The minimum rear yard required is 10 feet. 169 170 17.77.080 Building height limit. 171 The maximum building height allowed is 35 feet. 172 173 17.77.090 Public service requirement. 174 Water and sanitary sewer service from a certificated public utility or municipal system 175 are required for lots in this land use district. 176 177 178 179 180 PUBLIC HEARING ITEM 7-A P & Z REGULAR MEETING: MAY 17, 2017 Case No. 17-014 AGENDA ITEM #9.A. Ordinance No. FY2018-02 Amending Title 17 KIBC (Zoning) By A...Page 38 of 192 Kodiak Island Borough, Alaska Ordinance No. FY2017-XX Deletion – Red, Strikeout Page 5 of 5 Insertion – Bold, Blue, Underlined Version 2 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 181 THIS __________ DAY OF _______________, 2017. 182 183 KODIAK ISLAND BOROUGH ATTEST: 184 185 186 ___________________________ ___________________________ 187 Daniel A. Rohrer, Mayor Nova M. Javier, MMC, Clerk 188 189 VOTES: 190 Ayes: 191 Noes: 192 PUBLIC HEARING ITEM 7-A P & Z REGULAR MEETING: MAY 17, 2017 Case No. 17-014 AGENDA ITEM #9.A. Ordinance No. FY2018-02 Amending Title 17 KIBC (Zoning) By A...Page 39 of 192 SUPPLEMENTAL STAFF REPORT AND RECOMMENDATION 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 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. DATE: May 11, 2017 TO: Planning and Zoning Commission FROM: Community Development Department SUBJECT: Information for the May 17, 2017 Regular Meeting 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 May 10, 2017 work session the Commission completed their review of this ordinance. The attached version incorporates all recommended changes to date. CURRENT MOTION BEFORE THE COMMISSION 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. RECOMMENDATION TO AMEND BY SUBSTITUTION Staff recommends that the attached ordinance be substituted for Version 2. AMEND BY SUBSTITUTION Should the Commission agree with the staff recommendation, the appropriate motion is: Move to amend by substitution with Version 2. Staff recommends this motion be approved. PUBLIC HEARING ITEM 7-A P & Z REGULAR MEETING: MAY 17, 2017 Case No. 17-104 AGENDA ITEM #9.A. Ordinance No. FY2018-02 Amending Title 17 KIBC (Zoning) By A...Page 40 of 192 Should this motion be approved, the following amended main motion will be on the floor: Recommend that the Assembly of the Kodiak Island Borough approve the ordinance, as amended by substitution, 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. Staff recommends the main motion, as amended, be approved. FINDINGS OF FACT (KIBC 17.205.020) 1. There is a growing 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. 2. Current KIBC Title 17 (Zoning) requires a minimum lot area of 7,200 square feet in those urban residential zoning districts that allow development of single-family dwellings. Lots smaller than 7,200 square feet are capable of accommodating such development while providing sufficient yard setbacks and off-street parking. 3. 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. 4. The amendment will create a new urban residential zoning district that specifies the regulatory requirements for development of single-family dwellings on smaller lots in the Borough, which is consistent with the adopted Comprehensive Plan goals, policies, and implementation actions related to land use and housing. 5. The Planning and Zoning Commission recommends approval of amending Title 17 KIBC (Zoning) by adding Chapter 17.77 KIBC (RSL-Residential Small Lot Single-Family District). PUBLIC HEARING ITEM 7-A P & Z REGULAR MEETING: MAY 17, 2017 Case No. 17-104 AGENDA ITEM #9.A. Ordinance No. FY2018-02 Amending Title 17 KIBC (Zoning) By A...Page 41 of 192 Kodiak Island Borough, Alaska Ordinance No. FY2017-XX Deletion – Red, Strikeout Page 1 of 5 Insertion – Bold, Blue, Underlined Version 2 Introduced by: P&Z Commission 1 Drafted by: CDD 2 Introduced on: 3 Public Hearing Date: 4 Adopted on: 5 6 KODIAK ISLAND BOROUGH 7 ORDINANCE NO. FY2017-XX 8 9 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDING 10 TITLE 17 KIBC (ZONING) BY ADDING CHAPTER 17.77 KIBC (RSL-RESIDENTIAL SMALL 11 LOT SINGLE-FAMILY DISTRICT) TO CREATE A NEW ZONING DISTRICT THAT WILL 12 ALLOW DEVELOPMENT OF SINGLE-FAMILY DWELLINGS ON SMALLER LOTS IN THE 13 BOROUGH (P&Z CASE NO. 17-014) 14 15 WHEREAS, as a second class Borough, the Kodiak Island Borough exercises planning, 16 platting, and land use regulations on an area wide basis pursuant to Chapter 29.40 Alaska 17 Statutes (AS); and 18 19 WHEREAS, in accordance with AS 29.40, the Kodiak Island Borough adopted the 2008 20 Comprehensive Plan update on December 6, 2007 (Ordinance No. FY2008-10) to replace the 21 1968 Comprehensive Plan; and 22 23 WHEREAS, the Kodiak Island Borough has adopted Title 17 (Zoning) of the Kodiak Island 24 Borough Code (KIBC) in accordance with AS 29.40 to implement the Kodiak Island Borough 25 Comprehensive Plan; and 26 27 WHEREAS, KIBC 17.205.010 provides that “Whenever the public necessity, convenience, 28 general welfare or good zoning practice requires, the assembly may, by ordinance and after 29 report thereon by the commission and public hearing as required by law, amend, supplement, 30 modify, repeal or otherwise change these regulations and the boundaries of the districts;” and 31 32 WHEREAS, there is a growing public awareness of the need for additional housing options in 33 Kodiak; and 34 35 WHEREAS, allowing development of single-family dwellings on smaller lots in the Borough may 36 be one part of a regulatory solution to address this multi-faceted issue; and 37 38 WHEREAS, KIBC Title 17 (Zoning) requires a minimum lot area of 7,200 square feet in those 39 urban residential zoning districts that allow development of single-family dwellings; and 40 41 WHEREAS, lots smaller than 7,200 square feet are capable of accommodating such 42 development while providing sufficient yard setbacks and off-street parking; and 43 44 WHEREAS, creating a new urban residential zoning district that allows the development of 45 single-family dwellings on smaller lots should reduce the associated land costs and encourage 46 the construction of smaller housing types in that new district; and 47 48 Version 2 PUBLIC HEARING ITEM 7-A P & Z REGULAR MEETING: MAY 17, 2017 Case No. 17-104 AGENDA ITEM #9.A. Ordinance No. FY2018-02 Amending Title 17 KIBC (Zoning) By A...Page 42 of 192 Kodiak Island Borough, Alaska Ordinance No. FY2017-XX Deletion – Red, Strikeout Page 2 of 5 Insertion – Bold, Blue, Underlined Version 2 WHEREAS, the public necessity, convenience, and general welfare of the community may be 49 better served by amending Title 17 KIBC (Zoning) by adding chapter 17.77 KIBC (RSL-50 Residential Small Lot Single-Family District) to create a new zoning district that specifies the 51 regulatory requirements for development of single-family dwellings on smaller lots in the 52 Borough; and 53 54 WHEREAS, the Planning and Zoning Commission held work sessions to review the proposed 55 chapter on October 7, 2015, October 14, 2016, November 10, 2015, December 9, 2015, 56 January 13, 2016, February 10, 2016, March 9, 2016, May 11, 2016, November 9, 2016, and 57 December 7, 2016; and 58 59 WHEREAS, the Planning and Zoning Commission set aside time for public input and discussion 60 at each work session; and 61 62 WHEREAS, the Planning and Zoning Commission held work sessions on January 11, 2017, 63 February 8, 2017, and May 10, 2017 followed by public hearings on January 18, 2017, February 64 15, 2017, and May 17, 2017; and 65 66 WHEREAS, the Planning and Zoning Commission, following the May 17, 2017 public hearing, 67 voted to transmit their recommendation to amend Title 17 KIBC (Zoning) by adding Chapter 68 17.77 KIBC (RSL-Residential Small Lot Single-Family District) to the Borough Assembly; and 69 70 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 71 BOROUGH THAT: 72 73 Section 1: This ordinance is of a general and permanent nature and shall become a part of the 74 Kodiak Island Borough Code of Ordinances; and 75 76 Section 2: By this ordinance, the Borough Assembly adopts the following findings of fact in 77 support of their approval of the amendment: 78 79 1. There is a growing need for additional housing options in Kodiak. Allowing development 80 of single-family dwellings on smaller lots in the Borough may be one part of a regulatory 81 solution to address this multi-faceted issue. 82 83 2. Current KIBC Title 17 (Zoning) requires a minimum lot area of 7,200 square feet in those 84 urban residential zoning districts that allow development of single-family dwellings. Lots 85 smaller than 7,200 square feet are capable of accommodating such development while 86 providing sufficient yard setbacks and off-street parking. 87 88 3. Creating a new urban residential zoning district that allows the development of single-89 family dwellings on smaller lots should reduce the associated land costs and encourage 90 the construction of smaller housing types in that new district. 91 92 4. The amendment will create a new urban residential zoning district that specifies the 93 regulatory requirements for development of single-family dwellings on smaller lots in the 94 Borough, which is consistent with the adopted Comprehensive Plan goals, policies, and 95 implementation actions related to land use and housing. 96 97 PUBLIC HEARING ITEM 7-A P & Z REGULAR MEETING: MAY 17, 2017 Case No. 17-104 AGENDA ITEM #9.A. Ordinance No. FY2018-02 Amending Title 17 KIBC (Zoning) By A...Page 43 of 192 Kodiak Island Borough, Alaska Ordinance No. FY2017-XX Deletion – Red, Strikeout Page 3 of 5 Insertion – Bold, Blue, Underlined Version 2 5. The Planning and Zoning Commission recommends approval of amending Title 17 KIBC 98 (Zoning) by adding Chapter 17.77 KIBC (RSL-Residential Small Lot Single-Family 99 District). 100 101 Effective Date: This ordinance takes effect upon adoption. 102 103 Chapter 17.77 104 RSL – RESIDENTIAL SMALL LOT SINGLE-FAMILY DISTRICT 105 Sections: 106 17.77.010 Description and intent. 107 17.77.020 Permitted uses. 108 17.77.030 Conditional uses. 109 17.77.040 Minimum size of the RSL district. 110 17.77.050 Prohibited lot designs. 111 17.77.060 Area requirements. 112 17.77.070 Yards. 113 17.77.080 Building height limit. 114 17.77.090 Public service requirement. 115 116 17.77.010 Description and intent. 117 The RSL residential small lot single-family zoning district is established as a land use 118 district for single-family residential dwellings on smaller lots, where public water and 119 sewer services are available. For the residential small lot single-family zoning district, in 120 promoting the general purposes of this title, the specific intentions of this chapter are: 121 A. To reduce land costs associated with single-family residential development; 122 B. To encourage the construction of smaller housing types; 123 C. To prohibit commercial, industrial, and any other use of the land which would interfere 124 with the development or continuation of single-family dwellings in the district; and 125 D. To require a minimum land area to establish the RSL district to reduce the impacts of 126 potential subdivision of existing lots within neighborhoods. 127 128 17.77.020 Permitted uses. 129 The following land uses and activities are permitted in the residential small lot single-130 family district: 131 A. Single-family dwellings; 132 B. One accessory building; 133 C. Home occupations; and 134 D. Hoop houses. 135 136 17.77.030 Conditional uses. 137 Reserved. 138 PUBLIC HEARING ITEM 7-A P & Z REGULAR MEETING: MAY 17, 2017 Case No. 17-104 AGENDA ITEM #9.A. Ordinance No. FY2018-02 Amending Title 17 KIBC (Zoning) By A...Page 44 of 192 Kodiak Island Borough, Alaska Ordinance No. FY2017-XX Deletion – Red, Strikeout Page 4 of 5 Insertion – Bold, Blue, Underlined Version 2 139 17.77.040 Minimum size of the RSL district. 140 A. A minimum contiguous land area of 1.5 acres that is capable of being subdivided into 141 10 or more lots that meet RSL district lot area, width, and design requirements is 142 required to establish this zoning district. 143 B. One or more parcels that meet the contiguous land area requirement may be rezoned 144 to this district, subject to the following: 145 1. An approved rezone shall not become effective until approval and recording of a 146 plat that subdivides the subject land into 10 or more lots that meet the requirements 147 of Title 16 (Subdivision) and Title 17 (Zoning) of the Borough Code; and 148 2. The rezone shall become null and void if a plat depicting the subdivision is not 149 approved and recorded within 36 months from the date of rezone approval. 150 151 17.77.050 Prohibited lot designs. 152 The flag lot designs listed in Chapter 16.40 KIBC are prohibited in the RSL district. 153 154 17.77.060 Area requirements. 155 A. Lot Area. 156 1. The minimum lot area required is 3,600 square feet. 157 2. The maximum lot area allowed is 6,000 square feet. 158 3. Water bodies, private roads, and public access easements are excluded from lot 159 area calculations. 160 B. Lot Width. 161 1. The minimum lot width for an interior lot is 30 feet. 162 2. The minimum lot width for a corner lot is 35 feet. 163 164 17.77.070 Yards. 165 A. Front Yard. The minimum front yard shall be 25 feet. 166 B. Side Yard. The minimum side yard required is five feet. The minimum side yard 167 required on the street side of a corner lot is 10 feet. 168 C. Rear Yard. The minimum rear yard required is 10 feet. 169 170 17.77.080 Building height limit. 171 The maximum building height allowed is 35 feet. 172 173 17.77.090 Public service requirement. 174 Water and sanitary sewer service from a certificated public utility or municipal system 175 are required for lots in this land use district. 176 177 178 179 180 PUBLIC HEARING ITEM 7-A P & Z REGULAR MEETING: MAY 17, 2017 Case No. 17-104 AGENDA ITEM #9.A. Ordinance No. FY2018-02 Amending Title 17 KIBC (Zoning) By A...Page 45 of 192 Kodiak Island Borough, Alaska Ordinance No. FY2017-XX Deletion – Red, Strikeout Page 5 of 5 Insertion – Bold, Blue, Underlined Version 2 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 181 THIS __________ DAY OF _______________, 2017. 182 183 KODIAK ISLAND BOROUGH ATTEST: 184 185 186 ___________________________ ___________________________ 187 Daniel A. Rohrer, Mayor Nova M. Javier, MMC, Clerk 188 189 VOTES: 190 Ayes: 191 Noes: 192 PUBLIC HEARING ITEM 7-A P & Z REGULAR MEETING: MAY 17, 2017 Case No. 17-104 AGENDA ITEM #9.A. Ordinance No. FY2018-02 Amending Title 17 KIBC (Zoning) By A...Page 46 of 192 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 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. DATE: May 1, 2017 TO: Planning and Zoning Commission FROM: Community Development Department SUBJECT: Information for the May 10, 2017 Work 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 regular meeting, the Commission postponed this request to the February 15, 2017 regular meeting. At that meeting, the request further postponed to the May 17 regular meeting. The postponements were intended to allow the Commission additional time to more thoroughly review recent recommended changes to the ordinance. Full agendas during the March and April work sessions did not accommodate further review of this request. Fortunately, the May 10, 2017 work session agenda is light and should allow for adequate time to review the recommended changes. A copy of 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 Commission complete its review; staff will revise the ordinance accordingly and a Supplemental Staff Report and Recommendation will be provided for the May 17, 2017 regular meeting. PUBLIC HEARING ITEM 7-A P & Z REGULAR MEETING: MAY 17, 2017 Case No. 17-014 AGENDA ITEM #9.A. Ordinance No. FY2018-02 Amending Title 17 KIBC (Zoning) By A...Page 47 of 192 Introduced by: P&Z Commission 1 Drafted by: CDD 2 Introduced on: 3 Public Hearing Date: 4 Adopted on: 5 6 KODIAK ISLAND BOROUGH 7 ORDINANCE NO. FY2017-XX 8 9 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDING 10 TITLE 17 KIBC (ZONING) BY ADDING CHAPTER 17.77 KIBC (RSL-RESIDENTIAL SMALL 11 LOT SINGLE-FAMILY DISTRICT) TO CREATE A NEW ZONING DISTRICT THAT WILL 12 ALLOW DEVELOPMENT OF SINGLE-FAMILY DWELLINGS ON SMALLER LOTS IN THE 13 BOROUGH (P&Z CASE NO. 17-014) 14 15 WHEREAS, as a second class Borough, the Kodiak Island Borough exercises planning, 16 platting, and land use regulations on an area wide basis pursuant to Chapter 29.40 Alaska 17 Statutes (AS); and 18 19 WHEREAS, in accordance with AS 29.40, the Kodiak Island Borough adopted the 2008 20 Comprehensive Plan update on December 6, 2007 (Ordinance No. FY2008-10) to replace the 21 1968 Comprehensive Plan; and 22 23 WHEREAS, the Kodiak Island Borough has adopted Title 17 (Zoning) of the Kodiak Island 24 Borough Code (KIBC) in accordance with AS 29.40 to implement the Kodiak Island Borough 25 Comprehensive Plan; and 26 27 WHEREAS, KIBC 17.205.010 provides that “Whenever the public necessity, convenience, 28 general welfare or good zoning practice requires, the assembly may, by ordinance and after 29 report thereon by the commission and public hearing as required by law, amend, supplement, 30 modify, repeal or otherwise change these regulations and the boundaries of the districts;” and 31 32 WHEREAS, there is a growing public awareness of the need for additional housing options in 33 Kodiak; and 34 35 WHEREAS, allowing development of single-family dwellings on smaller lots in the Borough may 36 be one part of a regulatory solution to address this multi-faceted issue; and 37 38 WHEREAS, KIBC Title 17 (Zoning) requires a minimum lot area of 7,200 square feet in those 39 urban residential zoning districts that allow development of single-family dwellings; and 40 41 WHEREAS, lots smaller than 7,200 square feet are capable of accommodating such 42 development while providing sufficient yard setbacks and off-street parking; and 43 44 WHEREAS, creating a new urban residential zoning district that allows the development of 45 single-family dwellings on smaller lots should reduce the associated land costs and encourage 46 the construction of smaller housing types in that new district; and 47 48 Kodiak Island Borough, Alaska Ordinance No. FY2017-XX Deletion – Red, Strikeout Page 1 of 5 Insertion – Bold, Blue, Underlined Version 1 PUBLIC HEARING ITEM 7-A P & Z REGULAR MEETING: MAY 17, 2017 Case No. 17-014 AGENDA ITEM #9.A. Ordinance No. FY2018-02 Amending Title 17 KIBC (Zoning) By A...Page 48 of 192 WHEREAS, the public necessity, convenience, and general welfare of the community may be 49 better served by amending Title 17 KIBC (Zoning) by adding chapter 17.77 KIBC (RSL-50 Residential Small Lot Single-Family District) to create a new zoning district that specifies the 51 regulatory requirements for development of single-family dwellings on smaller lots in the 52 Borough; and 53 54 WHEREAS, the Planning and Zoning Commission held work sessions to review the proposed 55 chapter on October 7, 2015, October 14, 2016, November 10, 2015, December 9, 2015, 56 January 13, 2016, February 10, 2016, March 9, 2016, May 11, 2016, November 9, 2016, 57 December 7, 2016, March 8, 2017, and April 12, 2017; and 58 59 WHEREAS, the Planning and Zoning Commission set aside time for public input and discussion 60 at each work session; and 61 62 WHEREAS, the Planning and Zoning Commission held work sessions on January 11, 2017, 63 February 8, 2017, and May 10, 2017 followed by public hearings on January 18, 2017, February 64 15, 2017, and May 17, 2017; and 65 66 WHEREAS, the Planning and Zoning Commission, following the May 17 , 2017 public hearing, 67 voted to transmit their recommendation to amend Title 17 KIBC (Zoning) by adding Chapter 68 17.77 KIBC (RSL-Residential Small Lot Single-Family District) to the Borough Assembly; and 69 70 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 71 BOROUGH THAT: 72 73 Section 1: This ordinance is of a general and permanent nature and shall become a part of the 74 Kodiak Island Borough Code of Ordinances; and 75 76 Section 2: By this ordinance, the Borough Assembly adopts the following findings of fact in 77 support of their approval of the amendment: 78 79 1. There is a growing need for additional housing options in Kodiak. Allowing development 80 of single-family dwellings on smaller lots in the Borough may be one part of a regulatory 81 solution to address this multi-faceted issue. 82 83 2. Current KIBC Title 17 (Zoning) requires a minimum lot area of 7,200 square feet in those 84 urban residential zoning districts that allow development of single-family dwellings. Lots 85 smaller than 7,200 square feet are capable of accommodating such development while 86 providing sufficient yard setbacks and off-street parking. 87 88 3. Creating a new urban residential zoning district that allows the development of single-89 family dwellings on smaller lots should reduce the associated land costs and encourage 90 the construction of smaller housing types in that new district. 91 92 4. The amendment will create a new urban residential zoning district that specifies the 93 regulatory requirements for development of single-family dwellings on smaller lots in the 94 Borough, which is consistent with the adopted Comprehensive Plan goals, policies, and 95 implementation actions related to land use and housing. 96 97 Kodiak Island Borough, Alaska Ordinance No. FY2017-XX Deletion – Red, Strikeout Page 2 of 5 Insertion – Bold, Blue, Underlined Version 1 PUBLIC HEARING ITEM 7-A P & Z REGULAR MEETING: MAY 17, 2017 Case No. 17-014 AGENDA ITEM #9.A. Ordinance No. FY2018-02 Amending Title 17 KIBC (Zoning) By A...Page 49 of 192 5. The Planning and Zoning Commission recommends approval of amending Title 17 KIBC 98 (Zoning) by adding Chapter 17.77 KIBC (RSL-Residential Small Lot Single-Family 99 District). 100 101 Effective Date: This ordinance takes effect upon adoption. 102 103 Chapter 17.77 104 RSL – RESIDENTIAL SMALL LOT SINGLE-FAMILY DISTRICT 105 Sections: 106 17.77.010 Description and intent. 107 17.77.020 Permitted uses. 108 17.77.030 Conditional uses. 109 17.77.040 Minimum size of the RSL district. 110 17.77.050 Prohibited lot designs. 111 17.77.060 Area requirements. 112 17.77.070 Yards. 113 17.77.080 Building height limit. 114 17.77.090 Public service requirement. 115 116 17.77.010 Description and intent. 117 The RSL residential small lot single-family zoning district is established as a land use 118 district for single-family residential dwellings on smaller lots, where public water and 119 sewer services are available. For the residential small lot single-family zoning district, in 120 promoting the general purposes of this title, the specific intentions of this chapter are: 121 A. To reduce land costs associated with single-family residential development; 122 B. To encourage the construction of smaller housing types; 123 C. To prohibit commercial, industrial, and any other use of the land which would interfere 124 with the development or continuation of single-family dwellings in the district; and 125 D. To require a minimum land area number of lots to establish the RSL district to reduce 126 the impacts of potential subdivision of existing lots within neighborhoods. 127 128 17.77.020 Permitted uses. 129 The following land uses and activities are permitted in the residential small lot single-130 family district: 131 A. Single-family dwellings; 132 B. One accessory building; 133 C. Home occupations; and 134 D. Hoop houses. 135 136 17.77.030 Conditional uses. 137 Reserved. 138 Kodiak Island Borough, Alaska Ordinance No. FY2017-XX Deletion – Red, Strikeout Page 3 of 5 Insertion – Bold, Blue, Underlined Version 1 PUBLIC HEARING ITEM 7-A P & Z REGULAR MEETING: MAY 17, 2017 Case No. 17-014 AGENDA ITEM #9.A. Ordinance No. FY2018-02 Amending Title 17 KIBC (Zoning) By A...Page 50 of 192 139 17.77.040 Minimum size of the RSL district (Option 1). 140 The minimum contiguous land area required to establish this zoning district is 1.5 acres. 141 A. A minimum of 10 contiguous lots that meet RSL district lot area, width, and design 142 requirements are required to establish this zoning district. 143 B. One or more parcels of sufficient land area to be subdivided into 10 or more 144 contiguous lots that meet RSL district lot area, width, and design requirements may be 145 rezoned to this district, subject to the following: 146 1. An approved rezone shall not become effective until approval and recording of a 147 plat that subdivides the parcels to create a minimum of 10 lots that meet the 148 requirements of Title 16 (Subdivision) and Title 17 (Zoning) of the Borough Code; and 149 2. The rezone shall become null and void if a plat depicting the subdivision is not 150 approved and recorded within 30 months from the date of rezone approval. 151 152 17.77.040 Minimum size of the RSL district (Option 2). 153 The minimum contiguous land area required to establish this zoning district is 1.5 acres. 154 A. A minimum contiguous land area of 1.5 acres that is capable of being subdivided into 155 10 or more lots that meet RSL district lot area, width, and design requirements is 156 required to establish this zoning district. 157 B. One or more parcels that meet the contiguous land area requirement may be rezoned 158 to this district, subject to the following: 159 1. An approved rezone shall not become effective until approval and recording of a 160 plat that subdivides the subject land into 10 or more lots that meet the requirements 161 of Title 16 (Subdivision) and Title 17 (Zoning) of the Borough Code; and 162 2. The rezone shall become null and void if a plat depicting the subdivision is not 163 approved and recorded within 36 months from the date of rezone approval. 164 165 17.77.050 Prohibited lot designs. 166 The flag lot designs listed in Chapter 16.40 KIBC are prohibited in the RSL district. 167 168 17.77.060 Area requirements. 169 A. Lot Area. The minimum lot area required is 3,600 square feet, excluding water bodies, 170 private roads, and public access easements. 171 1. The minimum lot area required is 3,600 square feet. 172 2. The maximum lot area allowed is 5,000 square feet. 173 3. Water bodies, private roads, and public access easements are excluded from lot 174 area calculations. 175 B. Lot Width. 176 1. The minimum lot width for an interior lot is 30 feet. 177 2. The minimum lot width for a corner lot is 35 feet. 178 179 17.77.070 Yards. 180 A. Front Yard. The minimum front yard shall be 25 feet. 181 Kodiak Island Borough, Alaska Ordinance No. FY2017-XX Deletion – Red, Strikeout Page 4 of 5 Insertion – Bold, Blue, Underlined Version 1 PUBLIC HEARING ITEM 7-A P & Z REGULAR MEETING: MAY 17, 2017 Case No. 17-014 AGENDA ITEM #9.A. Ordinance No. FY2018-02 Amending Title 17 KIBC (Zoning) By A...Page 51 of 192 B. Side Yard. The minimum side yard required is five feet. The minimum side yard 182 required on the street side of a corner lot is 10 feet. 183 C. Rear Yard. The minimum rear yard required is 10 feet. 184 185 17.77.080 Building height limit. 186 The maximum building height allowed is 35 feet. 187 188 17.77.090 Public service requirement. 189 Water and sanitary sewer service from a certificated public utility or municipal system 190 are required for lots in this land use district. 191 192 193 194 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 195 THIS __________ DAY OF _______________, 2017. 196 197 KODIAK ISLAND BOROUGH ATTEST: 198 199 200 ___________________________ ___________________________ 201 Daniel A. Rohrer, Mayor Nova M. Javier, MMC, Clerk 202 203 VOTES: 204 Ayes: 205 Noes: 206 Kodiak Island Borough, Alaska Ordinance No. FY2017-XX Deletion – Red, Strikeout Page 5 of 5 Insertion – Bold, Blue, Underlined Version 1 PUBLIC HEARING ITEM 7-A P & Z REGULAR MEETING: MAY 17, 2017 Case No. 17-014 AGENDA ITEM #9.A. Ordinance No. FY2018-02 Amending Title 17 KIBC (Zoning) By A...Page 52 of 192 PU B L I C H E A R I N G I T E M 7 - A P & Z R E G U L A R M E E T I N G : M A Y 1 7 , 2 0 1 7 Ca s e N o . 1 7 - 0 1 4 AG E N D A I T E M # 9 . A . Or d i n a n c e N o . F Y 2 0 1 8 - 0 2 A m e n d i n g T i t l e 1 7 K I B C ( Z o n i n g ) B y A . . . Pa g e 5 3 o f 1 9 2 Kodiak Island Borough Planning & Zoning Commission Minutes February 15, 2017 Page 1 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 COMMISSIONER PAINTER MOVED 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 PUBLIC HEARING ITEM 7-A P & Z REGULAR MEETING: MAY 17, 2017 Case No. 17-014 AGENDA ITEM #9.A. Ordinance No. FY2018-02 Amending Title 17 KIBC (Zoning) By A...Page 54 of 192 KODIAK ISLA PLANNING AND ZONING CO MMIN LMay17,2017 Regular Meeting urmlrx I-\r'(NuI Ieu I ROLL CALL Commissioners present wer Spalinger,Chris Hatch,and Colin Ieuge OI allegiance. con Arndt,Ba nung. AGENDA ITEM #9.A. Ordinance No. FY2018-02 Amending Title 17 KIBC (Zoning) By A...Page 55 of 192 AGENDA ITEM #9.A. Ordinance No. FY2018-02 Amending Title 17 KIBC (Zoning) By A...Page 56 of 192 Kodiak Island Borough, Alaska Ordinance No. FY2018-02 Deletion – Red, Strikeout Page 1 of 5 Insertion – Bold, Blue, Underlined Van Daele, Version 2 Introduced by: KIB Assembly 1 Drafted by: CDD 2 Introduced on: 08/17/2017 3 Public Hearing Date: 09/07/2017 4 Adopted on: 5 6 KODIAK ISLAND BOROUGH 7 ORDINANCE NO. FY2018-02 8 9 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDING 10 TITLE 17 KIBC (ZONING) BY ADDING CHAPTER 17.77 KIBC (RSL-RESIDENTIAL SMALL 11 LOT SINGLE-FAMILY DISTRICT) TO CREATE A NEW ZONING DISTRICT THAT WILL 12 ALLOW DEVELOPMENT OF SINGLE-FAMILY DWELLINGS ON SMALLER LOTS IN THE 13 BOROUGH (P&Z CASE NO. 17-014) 14 15 WHEREAS, as a second class Borough, the Kodiak Island Borough exercises planning, 16 platting, and land use regulations on an area wide basis pursuant to Chapter 29.40 Alaska 17 Statutes (AS); and 18 19 WHEREAS, in accordance with AS 29.40, the Kodiak Island Borough adopted the 2008 20 Comprehensive Plan update on December 6, 2007 (Ordinance No. FY2008-10) to replace the 21 1968 Comprehensive Plan; and 22 23 WHEREAS, the Kodiak Island Borough has adopted Title 17 (Zoning) of the Kodiak Island 24 Borough Code (KIBC) in accordance with AS 29.40 to implement the Kodiak Island Borough 25 Comprehensive Plan; and 26 27 WHEREAS, KIBC 17.205.010 provides that “Whenever the public necessity, convenience, 28 general welfare or good zoning practice requires, the assembly may, by ordinance and after 29 report thereon by the commission and public hearing as required by law, amend, supplement, 30 modify, repeal or otherwise change these regulations and the boundaries of the districts;” and 31 32 WHEREAS, there is a growing public awareness of the need for additional housing options in 33 Kodiak; and 34 35 WHEREAS, allowing development of single-family dwellings on smaller lots in the Borough may 36 be one part of a regulatory solution to address this multi-faceted issue; and 37 38 WHEREAS, KIBC Title 17 (Zoning) requires a minimum lot area of 7,200 square feet in those 39 urban residential zoning districts that allow development of single-family dwellings; and 40 41 WHEREAS, lots smaller than 7,200 square feet are capable of accommodating such 42 development while providing sufficient yard setbacks and off-street parking; and 43 44 WHEREAS, creating a new urban residential zoning district that allows the development of 45 single-family dwellings on smaller lots should reduce the associated land costs and encourage 46 the construction of smaller housing types in that new district; and 47 48 SUBSTITUTED VERSION 2 ASSEMBLY MEMBER VAN DAELE AGENDA ITEM #9.A. Ordinance No. FY2018-02 Amending Title 17 KIBC (Zoning) By A...Page 57 of 192 Kodiak Island Borough, Alaska Ordinance No. FY2018-02 Deletion – Red, Strikeout Page 2 of 5 Insertion – Bold, Blue, Underlined Van Daele, Version 2 WHEREAS, the public necessity, convenience, and general welfare of the community may be 49 better served by amending Title 17 KIBC (Zoning) by adding chapter 17.77 KIBC (RSL-50 Residential Small Lot Single-Family District) to create a new zoning district that specifies the 51 regulatory requirements for development of single-family dwellings on smaller lots in the 52 Borough; and 53 54 WHEREAS, the Planning and Zoning Commission held work sessions to review the proposed 55 chapter on October 7, 2015, October 14, 2016, November 10, 2015, December 9, 2015, 56 January 13, 2016, February 10, 2016, March 9, 2016, May 11, 2016, November 9, 2016, and 57 December 7, 2016; and 58 59 WHEREAS, the Planning and Zoning Commission set aside time for public input and discussion 60 at each work session; and 61 62 WHEREAS, the Planning and Zoning Commission held work sessions on January 11, 2017, 63 February 8, 2017, and May 10, 2017 followed by public hearings on January 18, 2017, February 64 15, 2017, and May 17, 2017; and 65 66 WHEREAS, the Planning and Zoning Commission, following the May 17 , 2017 public hearing, 67 voted to transmit their recommendation to amend Title 17 KIBC (Zoning) by adding Chapter 68 17.77 KIBC (RSL-Residential Small Lot Single-Family District) to the Borough Assembly; and 69 70 WHEREAS, the Assembly held work sessions on August 10, 2017, August 31, 2017, and 71 September 14, 2017; and 72 73 WHEREAS, the Assembly held a public hearing on September 21, 2017; and 74 75 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 76 BOROUGH THAT: 77 78 Section 1: This ordinance is of a general and permanent nature and shall become a part of the 79 Kodiak Island Borough Code of Ordinances; and 80 81 Section 2: By this ordinance, the Borough Assembly adopts the following findings of fact in 82 support of their approval of the amendment: 83 84 1. There is a growing need for additional housing options in Kodiak. Allowing development 85 of single-family dwellings on smaller lots in the Borough may be one part of a regulatory 86 solution to address this multi-faceted issue. 87 88 2. Current KIBC Title 17 (Zoning) requires a minimum lot area of 7,200 square feet in those 89 urban residential zoning districts that allow development of single-family dwellings. Lots 90 smaller than 7,200 square feet are capable of accommodating such development while 91 providing sufficient yard setbacks and off-street parking. 92 93 3. Creating a new urban residential zoning district that allows the development of single-94 family dwellings on smaller lots should reduce the associated land costs and encourage 95 the construction of smaller housing types in that new district. 96 97 4. The amendment will create a new urban residential zoning district that specifies the 98 regulatory requirements for development of single-family dwellings on smaller lots in the 99 AGENDA ITEM #9.A. Ordinance No. FY2018-02 Amending Title 17 KIBC (Zoning) By A...Page 58 of 192 Kodiak Island Borough, Alaska Ordinance No. FY2018-02 Deletion – Red, Strikeout Page 3 of 5 Insertion – Bold, Blue, Underlined Van Daele, Version 2 Borough, which is consistent with the adopted Comprehensive Plan goals, policies, and 100 implementation actions related to land use and housing. 101 102 5. The Planning and Zoning Commission recommends approval of amending Title 17 KIBC 103 (Zoning) by adding Chapter 17.77 KIBC (RSL-Residential Small Lot Single-Family 104 District). 105 106 Effective Date: This ordinance takes effect upon adoption. 107 108 Chapter 17.77 109 RSL – RESIDENTIAL SMALL LOT SINGLE-FAMILY DISTRICT 110 Sections: 111 17.77.010 Description and intent. 112 17.77.020 Permitted uses. 113 17.77.030 Conditional uses. 114 17.77.040 Minimum size requirements of the an RSL districts. 115 17.77.050 Prohibited lot designs. 116 17.77.060 Area requirements. 117 17.77.070 Yards. 118 17.77.080 Building height limit. 119 17.77.090 Public service requirement. 120 121 17.77.010 Description and intent. 122 The RSL residential small lot single-family zoning district is established as a land use 123 district for single-family residential dwellings on smaller lots, where public water and 124 sewer services are available. For the residential small lot single-family zoning district, in 125 promoting the general purposes of this title, the specific intentions of this chapter are: 126 A. To reduce land costs associated with single-family residential development; 127 B. To encourage the construction of smaller housing types; 128 C. To prohibit commercial, industrial, and any other use of the land which would interfere 129 with the development or continuation of single-family dwellings in the district; and 130 D. In certain cases, to require a minimum land area to establish the RSL district to reduce 131 the impacts of potential subdivision of existing lots within rural neighborhoods. 132 133 17.77.020 Permitted uses. 134 The following land uses and activities are permitted in the residential small lot single-135 family district: 136 A. Single-family dwellings; 137 B. One accessory building; 138 C. Home occupations; and 139 D. Hoop houses. 140 141 AGENDA ITEM #9.A. Ordinance No. FY2018-02 Amending Title 17 KIBC (Zoning) By A...Page 59 of 192 Kodiak Island Borough, Alaska Ordinance No. FY2018-02 Deletion – Red, Strikeout Page 4 of 5 Insertion – Bold, Blue, Underlined Van Daele, Version 2 17.77.030 Conditional uses. 142 Reserved. 143 144 17.77.040 Minimum size requirements of the an RSL district. 145 A. In lands currently not zoned as a Residential district, or in Residential districts not 146 zoned as R1 Single-Family Residential, R2 Two-Family Residential, or R3 Multifamily 147 Residential, a minimum contiguous land area of 1.5 acres that is capable of being 148 subdivided into 10 or more lots that meet RSL district lot area, width, and design 149 requirements is required to establish this zoning district. 150 B. One or more parcels that meet the contiguous land area requirement may be rezoned 151 to this district, subject to the following: 152 1. In lands currently not zoned as a Residential district, or in Residential districts not 153 zoned as R1 Single-Family Residential, R2 Two-Family Residential, or R3 Multifamily 154 Residential, an approved rezone shall not become effective until approval and 155 recording of a plat that subdivides the subject land into 10 or more lots that meet the 156 requirements of Title 16 (Subdivision) and Title 17 (Zoning) of the Borough Code; and 157 or 158 2. In lands zoned R1 Single-Family Residential, R2 Two-Family Residential, or R3 159 Multifamily Residential, an approved rezone shall not become effective until any 160 subdivision of the land meets the requirements of Title 16 (Subdivision) and Title 17 161 (Zoning) of the Borough Code requirements; and 162 2. 3. The rezone shall become null and void if a plat depicting the subdivision is not 163 approved and recorded within 36 months from the date of rezone approval. 164 165 17.77.050 Prohibited lot designs. 166 The flag lot designs listed in Chapter 16.40 KIBC are prohibited in the RSL district. 167 168 17.77.060 Area requirements. 169 A. Lot Area. 170 1. The minimum lot area required is 3,600 square feet. 171 2. The maximum lot area allowed is 6,000 square feet. 172 3. Water bodies, private roads, and public access easements are excluded from lot 173 area calculations. 174 B. Lot Width. 175 1. The minimum lot width for an interior lot is 30 feet. 176 2. The minimum lot width for a corner lot is 35 feet. 177 178 17.77.070 Yards. 179 A. Front Yard. The minimum front yard shall be 25 feet. 180 B. Side Yard. The minimum side yard required is five feet. The minimum side yard 181 required on the street side of a corner lot is 10 feet. 182 C. Rear Yard. The minimum rear yard required is 10 feet. 183 184 AGENDA ITEM #9.A. Ordinance No. FY2018-02 Amending Title 17 KIBC (Zoning) By A...Page 60 of 192 Kodiak Island Borough, Alaska Ordinance No. FY2018-02 Deletion – Red, Strikeout Page 5 of 5 Insertion – Bold, Blue, Underlined Van Daele, Version 2 17.77.080 Building height limit. 185 The maximum building height allowed is 35 feet. 186 187 17.77.090 Public service requirement. 188 Water and sanitary sewer service from a certificated public utility or municipal system 189 are required for lots in this land use district. 190 191 192 193 194 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 195 THIS __________ DAY OF _______________, 2017. 196 197 KODIAK ISLAND BOROUGH ATTEST: 198 199 200 ___________________________ ___________________________ 201 Daniel A. Rohrer, Mayor Nova M. Javier, MMC, Clerk 202 203 VOTES: 204 Ayes: 205 Noes: 206 AGENDA ITEM #9.A. Ordinance No. FY2018-02 Amending Title 17 KIBC (Zoning) By A...Page 61 of 192 KODIAK ISLAND BOROUGH STAFF REPORT SEPTEMBER 7, 2017 ASSEMBLY REGULAR MEETING Kodiak Island Borough SUBJECT: 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. 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. Based on discussion at the Assembly's work session on August 10, 2017, staff has made minor modifications to the proposed ordinance in relation to "domesticated animals". These changes are highlighted on the updated ordinance document and were incorporated at the August 17th meeting. Based on a vote at the August 17, 2017 regular meeting, a new draft of the ordinance is provided in this packet that removed the height and weight restrictions of small livestock. ALTERNATIVES: FISCAL IMPACT: OTHER INFORMATION: AGENDA ITEM #9.B. Ordinance No. FY2018-03 Amending Titles 6 (Animal Control) a...Page 62 of 192 Kodiak Island Borough, Alaska Ordinance No. FY2018-03 Deletion – Red, Strikeout Page 1 of 6 Insertion – Bold, Blue, Underlined Introduced by: P&Z Commission 1 Drafted by: CDD Director 2 Introduced on: 8/17/2017 3 Amended on: 08/17/2017 4 Public Hearing Date: 5 Adopted on: 6 7 KODIAK ISLAND BOROUGH 8 ORDINANCE NO. FY2018-03 9 10 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 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, and R3-Multi-Family 41 Residential Districts 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 CORRECTED VERSION 2 AS AMENDED AT AUGUST 17, 2017 REGULAR MEETING AGENDA ITEM #9.B. Ordinance No. FY2018-03 Amending Titles 6 (Animal Control) a...Page 63 of 192 Kodiak Island Borough, Alaska Ordinance No. FY2018-03 Deletion – Red, Strikeout Page 2 of 6 Insertion – Bold, Blue, Underlined 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, following a public hearing at the September 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 Zoning of the Kodiak Island Borough Code 74 of Ordinances are amended to read as follows: 75 76 CHAPTER 6.04 77 ANIMAL CONTROL 78 79 6.04.040 Live traps. 80 A. Intentional capture of domesticated animalsdogs and cats by live traps is prohibited unless 81 the person using the trap notifies the animal control officer. 82 83 B. All domesticated animalsdogs and cats that are live trapped must be turned over to the 84 animal control officer or impounded. If a trapped animal has injured itself in a severe manner, or 85 if the 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. 90 AGENDA ITEM #9.B. Ordinance No. FY2018-03 Amending Titles 6 (Animal Control) a...Page 64 of 192 Kodiak Island Borough, Alaska Ordinance No. FY2018-03 Deletion – Red, Strikeout Page 3 of 6 Insertion – Bold, Blue, Underlined No person may keep any domesticated animal canine or feline that makes noise with such 91 frequency and/or volume as to cause actual interference with normal sleeping hours (10 p.m. 92 until 6 a.m.) or 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 20 acres. 120 121 F. Livestock (including domesticated fowl such as ducks, geese, and chickens) raised 122 and kept in residential zoning districts must be completely enclosed in a fenced area that 123 is 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. 132 133 AGENDA ITEM #9.B. Ordinance No. FY2018-03 Amending Titles 6 (Animal Control) a...Page 65 of 192 Kodiak Island Borough, Alaska Ordinance No. FY2018-03 Deletion – Red, Strikeout Page 4 of 6 Insertion – Bold, Blue, Underlined 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 odor cannot be detected 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 meat animals such as 148 rabbits and guinea pigs, and small hooved animals such as pigs, goats, and sheep from 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 end of 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 following land uses and activities are permitted in the rural residential district: 178 AGENDA ITEM #9.B. Ordinance No. FY2018-03 Amending Titles 6 (Animal Control) a...Page 66 of 192 Kodiak Island Borough, Alaska Ordinance No. FY2018-03 Deletion – Red, Strikeout Page 5 of 6 Insertion – Bold, Blue, Underlined 179 A. Single-family dwellings; 180 B. Vacation homes; 181 C. Bed and breakfasts; and 182 D. Hoop houses.; and 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 following land 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 17.80.020 Permitted uses. 205 The following land uses are permitted in the two-family residential district: 206 A. Accessory buildings; 207 B. Beauty shops; 208 C. Churches; 209 D. Clinics; 210 E. Greenhouses; 211 F. Home occupations; 212 G. Hospitals; 213 H. Parks and playgrounds; 214 I. Professional offices; 215 J. Schools; 216 K. Single-family dwellings; 217 L. Two-family dwellings; 218 M. Vacation homes; 219 N. Bed and breakfasts; 220 O. Hoop houses; and 221 P. Accessory dwellings units when there is a single-family residence on the property.; 222 Q. Urban agricultural buildings and activities; and 223 AGENDA ITEM #9.B. Ordinance No. FY2018-03 Amending Titles 6 (Animal Control) a...Page 67 of 192 Kodiak Island Borough, Alaska Ordinance No. FY2018-03 Deletion – Red, Strikeout Page 6 of 6 Insertion – Bold, Blue, Underlined R. Agricultural buildings and activities (lots equal to or greater than 40,000 square feet 224 when there is a single-family residence on the property). 225 226 CHAPTER 17.85 227 R3 – MULTI-FAMILY RESIDENTIAL DISTRICT 228 229 17.85.020 Permitted uses. 230 The following land uses are permitted in the multifamily residential district: 231 232 A. Accessory buildings; 233 B. Beauty shops; 234 C. Boardinghouses; 235 D. Churches; 236 E. Clinics; 237 F. Greenhouses; 238 G. Home occupations; 239 H. Hospitals; 240 I. Multifamily dwellings; 241 J. Parks and playgrounds; 242 K. Professional offices; 243 L. Schools; 244 M. Single-family dwellings; 245 N. Two-family dwellings; 246 O. Vacation homes; 247 P. Bed and breakfasts; 248 Q. Mobile home parks; and 249 R. Hoop houses.; 250 S. Urban agricultural buildings and activities; and 251 T. Agricultural buildings and activities (lots equal to or greater than 40,000 square feet 252 when there is a single-family residence on the property). 253 254 Effective Date: This ordinance takes effect upon adoption. (Note: KIBC 2.30.070 states an 255 ordinance takes effect upon adoption or at a later date specified in the ordinance.) 256 257 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 258 THIS __________ DAY OF _______________, 2017. 259 260 KODIAK ISLAND BOROUGH ATTEST: 261 262 263 ___________________________ ___________________________ 264 Daniel A. Rohrer, Mayor Nova M. Javier, MMC, Clerk 265 VOTES: 266 Ayes: 267 Noes: 268 AGENDA ITEM #9.B. Ordinance No. FY2018-03 Amending Titles 6 (Animal Control) a...Page 68 of 192 Kodiak Island Borough, Alaska Ordinance No. FY2018-03 Deletion – Red, Strikeout Page 1 of 6 Insertion – Bold, Blue, Underlined Version 2 Introduced by: P&Z Commission 1 Drafted by: CDD Director 2 Introduced on: 08/17/2017 3 Amended on: 08/17/2017 4 Public Hearing Date: 09/07/2017 5 Adopted on: 6 7 KODIAK ISLAND BOROUGH 8 ORDINANCE NO. FY2018-03 9 10 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 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, and R3-Multi-Family 41 Residential Districts 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 VERSION 2 AGENDA ITEM #9.B. Ordinance No. FY2018-03 Amending Titles 6 (Animal Control) a...Page 69 of 192 Kodiak Island Borough, Alaska Ordinance No. FY2018-03 Deletion – Red, Strikeout Page 2 of 6 Insertion – Bold, Blue, Underlined Version 2 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, following a public hearing at the September 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 Zoning of the Kodiak Island Borough Code 74 of Ordinances are amended to read as follows: 75 76 CHAPTER 6.04 77 ANIMAL CONTROL 78 79 6.04.040 Live traps. 80 A. Intentional capture of domesticated animalsdogs and cats by live traps is prohibited unless 81 the person using the trap notifies the animal control officer. 82 83 B. All domesticated animalsdogs and cats that are live trapped must be turned over to the 84 animal control officer or impounded. If a trapped animal has injured itself in a severe manner, or 85 if the 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. 90 AGENDA ITEM #9.B. Ordinance No. FY2018-03 Amending Titles 6 (Animal Control) a...Page 70 of 192 Kodiak Island Borough, Alaska Ordinance No. FY2018-03 Deletion – Red, Strikeout Page 3 of 6 Insertion – Bold, Blue, Underlined Version 2 No person may keep any domesticated animal canine or feline that makes noise with such 91 frequency and/or volume as to cause actual interference with normal sleeping hours (10 p.m. 92 until 6 a.m.) or 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 20 acres. 120 121 F. Livestock (including domesticated fowl such as ducks, geese, and chickens) raised 122 and kept in residential zoning districts must be completely enclosed in a fenced area that 123 is 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. 132 133 AGENDA ITEM #9.B. Ordinance No. FY2018-03 Amending Titles 6 (Animal Control) a...Page 71 of 192 Kodiak Island Borough, Alaska Ordinance No. FY2018-03 Deletion – Red, Strikeout Page 4 of 6 Insertion – Bold, Blue, Underlined Version 2 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 odor cannot be detected 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 meat animals such as 148 rabbits and guinea pigs, and small hooved animals such as pigs, goats, and sheep. 149 Large farm animals such as cows and horses are excluded from the urban agricultural 150 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 end of 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 following land uses and activities are permitted in the rural residential district: 178 AGENDA ITEM #9.B. Ordinance No. FY2018-03 Amending Titles 6 (Animal Control) a...Page 72 of 192 Kodiak Island Borough, Alaska Ordinance No. FY2018-03 Deletion – Red, Strikeout Page 5 of 6 Insertion – Bold, Blue, Underlined Version 2 179 A. Single-family dwellings; 180 B. Vacation homes; 181 C. Bed and breakfasts; and 182 D. Hoop houses.; and 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 following land 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 223 AGENDA ITEM #9.B. Ordinance No. FY2018-03 Amending Titles 6 (Animal Control) a...Page 73 of 192 Kodiak Island Borough, Alaska Ordinance No. FY2018-03 Deletion – Red, Strikeout Page 6 of 6 Insertion – Bold, Blue, Underlined Version 2 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 17.85.020 Permitted uses. 231 The following land uses are permitted in the multifamily residential district: 232 233 A. Accessory buildings; 234 B. Beauty shops; 235 C. Boardinghouses; 236 D. Churches; 237 E. Clinics; 238 F. Greenhouses; 239 G. Home occupations; 240 H. Hospitals; 241 I. Multifamily dwellings; 242 J. Parks and playgrounds; 243 K. Professional offices; 244 L. Schools; 245 M. Single-family dwellings; 246 N. Two-family dwellings; 247 O. Vacation homes; 248 P. Bed and breakfasts; 249 Q. Mobile home parks; and 250 R. Hoop houses.; 251 S. Urban agricultural buildings and activities; and 252 T. Agricultural buildings and activities (lots equal to or greater than 40,000 square feet 253 when there is a single-family residence on the property). 254 255 Effective Date: This ordinance takes effect upon adoption. (Note: KIBC 2.30.070 states an 256 ordinance takes effect upon adoption or at a later date specified in the ordinance.) 257 258 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 259 THIS __________ DAY OF _______________, 2017. 260 261 KODIAK ISLAND BOROUGH ATTEST: 262 __________________________ ___________________________ 263 Daniel A. Rohrer, Mayor Nova M. Javier, MMC, Clerk 264 265 VOTES: 266 Ayes: 267 Noes: 268 AGENDA ITEM #9.B. Ordinance No. FY2018-03 Amending Titles 6 (Animal Control) a...Page 74 of 192 Kodiak Island Borough, Alaska Ordinance No. FY2018-03 Deletion – Red, Strikeout Page 1 of 7 Insertion – Bold, Blue, Underlined Version 1 Introduced by: P&Z Commission 1 Drafted by: CDD Director 2 Introduced on: 8/17/2017 3 Public Hearing Date: 4 Adopted on: 5 6 KODIAK ISLAND BOROUGH 7 ORDINANCE NO. FY2018-03 8 9 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDING 10 TITLE 6 ANIMAL CONTROL AND TITLE 17 ZONING TO ALLOW FOR CERTAIN 11 AGRICULTURAL ACTIVITIES IN RESIDENTIAL ZONING DISTRICTS 12 13 WHEREAS, as a second class Borough, the Kodiak Island Borough exercises planning, 14 platting, and land use regulations on an area wide basis pursuant to Chapter 29.40 Alaska 15 Statutes; and 16 17 WHEREAS, in accordance with AS 29.40, the Kodiak Island Borough adopted the 2008 18 Comprehensive Plan update on December 6, 2007 (Ordinance No. FY2008-10) to replace the 19 1968 Comprehensive Plan; and 20 21 WHEREAS, the Kodiak Island Borough has adopted KIBC Title 17 (Zoning) in accordance 22 with AS 29.40 to implement the Kodiak Island Borough Comprehensive Plan; and 23 24 WHEREAS, KIBC 17.205.010 provides that “Whenever the public necessity, convenience, 25 general welfare or good zoning practice requires, the assembly may, by ordinance and after 26 report thereon by the commission and public hearing as required by law, amend, supplement, 27 modify, repeal or otherwise change these regulations and the boundaries of the districts”; and 28 29 WHEREAS, there has been a noted increase in the keeping of chickens and other small 30 animals useful to people in residential zoning districts within the Kodiak Island Borough; and 31 32 WHEREAS, the keeping of chickens and other animals useful to people is an agricultural 33 activity as defined by KIBC 17.25.020(A); and 34 35 WHEREAS, agricultural activities are listed as a permitted use in the RR1-Rural Residential 36 One, RR2-Rural Residential Two, and C-Conservation Districts; and 37 38 WHEREAS, agricultural activities are not listed as a permitted use in the RR-Rural 39 Residential, R1-Single-Family Residential, R2-Two-Family Residential, and R3-Multi-Family 40 Residential Districts and are therefore prohibited per KIBC 17.15.080; and 41 42 WHEREAS, the Borough Assembly recognizes that some agricultural activities may conflict 43 with the character and intensity of some rural and urban residential zoning districts; and 44 45 CORRECTED VERSION 2 AGENDA ITEM #9.B. Ordinance No. FY2018-03 Amending Titles 6 (Animal Control) a...Page 75 of 192 Kodiak Island Borough, Alaska Ordinance No. FY2018-03 Deletion – Red, Strikeout Page 2 of 7 Insertion – Bold, Blue, Underlined Version 1 WHEREAS, the Borough Assembly recognizes that residents rely on the keeping of chickens 46 and other small animals useful to people to supplement their sustenance and income; and 47 48 WHEREAS, having reliable access to a variety of locally-produced food resources will directly 49 benefit the entire Kodiak Island Borough; and 50 51 WHEREAS, in accordance with AS 29.40.020 the Planning and Zoning Commission 52 discussed the proposed changes to Title 17 (Zoning) at work sessions and regular meetings on 53 February 8, 2017, March 8, 2017, June 14, 2017, July 12, 2017, and July 19, 2017; and 54 55 WHEREAS, the Planning and Zoning Commission, following public hearing at the July 19, 56 2017 regular meeting, voted to transmit their recommendations for revisions to Title 17 to the 57 Borough Assembly; and 58 59 WHEREAS, the Borough Assembly discussed the proposed changes to Titles 6 and 17 at 60 work sessions and regular meetings on April 13, 2017, August 10, 2017, August 17, 2017, 61 August 31, 2017, and September 7, 2017; and 62 63 WHEREAS, the Borough Assembly, following a public hearing at the September 7, 2017 64 regular meeting, voted to adopt Ordinance FY2018-03; and 65 66 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 67 BOROUGH THAT: 68 69 Section 1: This ordinance is of a general and permanent nature and shall become a part of the 70 Kodiak Island Borough Code of Ordinances. 71 72 Section 2: That Title 6 Animal Control and Title 17 Zoning of the Kodiak Island Borough Code 73 of Ordinances are amended to read as follows: 74 75 CHAPTER 6.04 76 ANIMAL CONTROL 77 78 6.04.040 Live traps. 79 A. Intentional capture of domesticated animalsdogs and cats by live traps is prohibited unless 80 the person using the trap notifies the animal control officer. 81 82 B. All domesticated animalsdogs and cats that are live trapped must be turned over to the 83 animal control officer or impounded. If a trapped animal has injured itself in a severe manner, or 84 if the trapped animal poses an immediate threat to a person, then upon notification to the animal 85 control officer, a person may humanely destroy the live-trapped animal. This subsection is 86 waived in communities not serviced by an animal shelter. 87 88 6.04.080 Annoying animals. 89 AGENDA ITEM #9.B. Ordinance No. FY2018-03 Amending Titles 6 (Animal Control) a...Page 76 of 192 Kodiak Island Borough, Alaska Ordinance No. FY2018-03 Deletion – Red, Strikeout Page 3 of 7 Insertion – Bold, Blue, Underlined Version 1 No person may keep any domesticated animal canine or feline that makes noise with such 90 frequency and/or volume as to cause actual interference with normal sleeping hours (10 p.m. 91 until 6 a.m.) or reasonable right of peace to a person. 92 93 6.04.100 Control of animals. 94 A. The owner or custodian of a fierce, dangerous, or vicious animal shall confine the animal 95 within a building or secure enclosure and shall not take the animal out of such building or 96 enclosure unless the animal is muzzled and otherwise secured to prevent attacks or feigned 97 attacks. 98 99 B. A dog or other animal that is unrestrained and not under the immediate control of its owner 100 shall be impounded by a peace officer or animal control officer when found at large on the 101 streets, alleys, or public places within the borough, or on private property in the borough if the 102 officer has the permission of the owner or occupant of the property. 103 104 C. The owner of a female dog in heat or during ovulation shall keep and maintain the animal 105 confined in a building or secure enclosure, or in a veterinary hospital or boarding kennel, in such 106 manner that the female dog cannot come in contact with a male dog except for planned 107 breeding purposes. 108 109 D. The owner of animals including cattle, horses, sheep, goats, or other large farm animals shall 110 be responsible for their animals. Owners shall pay the cost of removal of dead animals or 111 animals doing property damage. 112 113 E. No person may keep or maintain a horse, cow, sheep, goat, pig, or other large farm animal 114 within the borough unless the animal is maintained within a fenced area which is owned or 115 leased by the owner or custodian of the animal and which is not occupied by residential 116 buildings other than the one occupied by the owner or custodian of the animal. Holders of 117 authorized state grazing leases are exempted from this subsection for parcels of land in excess 118 of 20 acres. 119 120 F. Livestock (including domesticated fowl such as ducks, geese, and chickens) raised 121 and kept in residential zoning districts must be completely enclosed in a fenced area that 122 is of suitable height and construction to contain the animal(s), and minimize potential 123 adverse impacts to public health, safety, and welfare. When used, electrified fencing 124 must display adequate warning signage around the perimeter. 125 126 6.04.110 Animal waste 127 A. A person owning or having custody of any animal, shall remove and dispose in a sanitary 128 manner, of any and all feces and other animal litter deposited by the animal on developed or 129 regularly maintained public areas or on any property without the owner’s consent.,other than the 130 animal owner’s property. 131 132 AGENDA ITEM #9.B. Ordinance No. FY2018-03 Amending Titles 6 (Animal Control) a...Page 77 of 192 Kodiak Island Borough, Alaska Ordinance No. FY2018-03 Deletion – Red, Strikeout Page 4 of 7 Insertion – Bold, Blue, Underlined Version 1 B. On private property, animal owners shall remove and dispose of feces and other 133 animal litter to the extent that animals are provided sanitary living conditions and that 134 extreme objectionable odor cannot be detected from adjacent properties. 135 136 CHAPTER 17.25 137 DEFINITIONS 138 139 Chapter 17.25.020 A definitions. 140 “Agricultural activities” means the production, keeping, or maintenance, for sale, lease, or 141 personal use, of plants and animals useful to people. This does not include any uses involving 142 or related to commercial marijuana activities. 143 “Agricultural activities, Urban” means the production, keeping, or maintenance, for sale, 144 lease, or personal use, of plants and small animals useful to people. This does not 145 include any uses involving or related to commercial marijuana activities. Small animals 146 includes domestic fowl (except peacocks and roosters), fur and meat animals such as 147 rabbits and guinea pigs, and small hooved animals such as pigs, goats, and sheep from 148 breeds typically not to exceed 27 inches in height or 150 pounds in weight. Large farm 149 animals such as cows and horses are excluded from the urban agricultural use. 150 “Airport elevation” means the established elevation of the highest point of the usable landing 151 area. 152 Airport, Municipal. “Municipal airport” means the City of Kodiak Municipal Airport and Lilly Lake. 153 Airport, Utility. “Utility airport” means any airport in the borough designed and/or constructed to 154 serve aircraft in approach category A (speed less than 91 knots). 155 “Alley” means a public way designed and intended to provide only a secondary means of 156 access to any property abutting thereon. 157 “Alteration” means any change, addition, or modification in the construction, location, or use 158 classification. 159 Apartment House. For “apartment house,” see “Dwelling, multiple-family,” KIBC 17.25.050. 160 “Approach surface” means an approach surface longitudinally centered on the extended runway 161 centerline and extending outward and upward from each end of a runway. The inner edge of the 162 approach surface is the same width as the runway and it expands uniformly to a width of 1,500 163 feet of each end of the runway. The approach surface extends for a horizontal distance of 5,000 164 feet at a slope of 20:1. No building or structure may be constructed or erected nor may any 165 other object be stored or placed in such a manner as to protrude into the approach surfaces. 166 A. The approach surfaces for the municipal airport extend upward and outward from the south 167 end of the existing lake surface (towards Larch Street) and the north end of the gravel runway 168 (Von Scheele Way) only. 169 “Automobile wrecking” means the dismantling of used motor vehicles or trailers or the storage or 170 sale of parts from dismantled or partially dismantled, obsolete, or wrecked vehicles. 171 172 CHAPTER 17.65 173 RR – RURAL RESIDENTIAL DISTRICT 174 175 17.65.020 Permitted principal uses and structures. 176 The following land uses and activities are permitted in the rural residential district: 177 AGENDA ITEM #9.B. Ordinance No. FY2018-03 Amending Titles 6 (Animal Control) a...Page 78 of 192 Kodiak Island Borough, Alaska Ordinance No. FY2018-03 Deletion – Red, Strikeout Page 5 of 7 Insertion – Bold, Blue, Underlined Version 1 178 A. Single-family dwellings; 179 B. Vacation homes; 180 C. Bed and breakfasts; and 181 D. Hoop houses.; and 182 E. Agricultural buildings and activities. 183 184 CHAPTER 17.75 185 R1 – SINGLE-FAMILY RESIDENTIAL DISTRICT 186 187 17.75.020 Permitted uses. 188 The following land uses and activities are permitted in the single-family residential district: 189 190 A. Accessory buildings; 191 B. Churches; 192 C. Greenhouses; 193 D. Home occupations; 194 E. Parks and playgrounds; 195 F. Single-family dwellings; 196 G. Hoop houses; and 197 H. Accessory dwelling units (ADUs) (attached).; 198 I. Urban agricultural buildings and activities; and 199 J. Agricultural buildings and activities (lots equal to or greater than 40,000 square feet). 200 201 Chapter 17.80 202 R2 – TWO-FAMILY RESIDENTIAL DISTRICT 203 204 17.80.020 Permitted uses. 205 The following land uses are permitted in the two-family residential district: 206 207 A. Accessory buildings; 208 B. Beauty shops; 209 C. Churches; 210 D. Clinics; 211 E. Greenhouses; 212 F. Home occupations; 213 G. Hospitals; 214 H. Parks and playgrounds; 215 I. Professional offices; 216 J. Schools; 217 K. Single-family dwellings; 218 L. Two-family dwellings; 219 M. Vacation homes; 220 N. Bed and breakfasts; 221 O. Hoop houses; and 222 AGENDA ITEM #9.B. Ordinance No. FY2018-03 Amending Titles 6 (Animal Control) a...Page 79 of 192 Kodiak Island Borough, Alaska Ordinance No. FY2018-03 Deletion – Red, Strikeout Page 6 of 7 Insertion – Bold, Blue, Underlined Version 1 P. Accessory dwellings units when there is a single-family residence on the property.; 223 Q. Urban agricultural buildings and activities; and 224 R. Agricultural buildings and activities (lots equal to or greater than 40,000 square feet 225 when there is a single-family residence on the property). 226 227 CHAPTER 17.85 228 R3 – MULTI-FAMILY RESIDENTIAL DISTRICT 229 230 17.85.020 Permitted uses. 231 The following land uses are permitted in the multifamily residential district: 232 233 A. Accessory buildings; 234 B. Beauty shops; 235 C. Boardinghouses; 236 D. Churches; 237 E. Clinics; 238 F. Greenhouses; 239 G. Home occupations; 240 H. Hospitals; 241 I. Multifamily dwellings; 242 J. Parks and playgrounds; 243 K. Professional offices; 244 L. Schools; 245 M. Single-family dwellings; 246 N. Two-family dwellings; 247 O. Vacation homes; 248 P. Bed and breakfasts; 249 Q. Mobile home parks; and 250 R. Hoop houses.; 251 S. Urban agricultural buildings and activities; and 252 T. Agricultural buildings and activities (lots equal to or greater than 40,000 square feet 253 when there is a single-family residence on the property). 254 255 Effective Date: This ordinance takes effect upon adoption. (Note: KIBC 2.30.070 states an 256 ordinance takes effect upon adoption or at a later date specified in the ordinance.) 257 258 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 259 THIS __________ DAY OF _______________, 2017. 260 261 KODIAK ISLAND BOROUGH ATTEST: 262 263 264 ___________________________ ___________________________ 265 Daniel A. Rohrer, Mayor Nova M. Javier, MMC, Clerk 266 267 AGENDA ITEM #9.B. Ordinance No. FY2018-03 Amending Titles 6 (Animal Control) a...Page 80 of 192 Kodiak Island Borough, Alaska Ordinance No. FY2018-03 Deletion – Red, Strikeout Page 7 of 7 Insertion – Bold, Blue, Underlined Version 1 VOTES: 268 Ayes: 269 Noes: 270 AGENDA ITEM #9.B. Ordinance No. FY2018-03 Amending Titles 6 (Animal Control) a...Page 81 of 192 STAFF REPORT AND RECOMMENDATION Case 18-001. Ordinance No. FY2018-03 modifying Titles 6 and 17 to allow for the keeping of small livestock and other agricultural activities in the R1, R2, R3, and RR zoning districts. DATE: July 5, 2017 TO: Planning and Zoning Commission FROM: Community Development Department SUBJECT: Staff Report and Recommendation CASE: 18-001 APPLICANT: Kodiak Island Borough LOCATION: Borough-wide LEGAL DSC: N/A ZONING: Various NOTICE: No public comment had been received as of the date this report was prepared. APPLICABLE REGULATIONS: The following sections of Title 17 (Zoning) of the Borough Code are applicable to this request: 17.205.010 Authority. Whenever the public necessity, convenience, general welfare or good zoning practice requires, the assembly may, by ordinance and after report thereon by the commission and public hearing as required by law, amend, supplement, modify, repeal or otherwise change these regulations and the boundaries of the districts. [Ord. 83-58-O §1, 1983. Formerly §17.72.010]. 17.205.020 Report from planning and zoning commission. The commission shall report in writing to the assembly on any proposed change or amendment regardless of the manner in which such change is initiated and such report shall find: A. Findings as to need and justification for a change or amendments; B. Findings as to the effect a change or amendment would have on the objectives of the comprehensive plan; and C. Recommendations as to the approval or disapproval of the change or amendment. [Ord. 83- 58-O §1, 1983. Formerly §17.72.020]. STAFF ANALYSIS 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. PUBLIC HEARING ITEM 7-C P & Z REGULAR MEETING: JULY 19, 2017 Case No. 18-003 AGENDA ITEM #9.B. Ordinance No. FY2018-03 Amending Titles 6 (Animal Control) a...Page 82 of 192 During this meeting, staff was directed to do the following: 1) Conduct a review of Title 6 (Animal Control) concurrently with the Planning and Zoning Commission’s aforementioned review of Title 17. 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. The “chicken ordinance” was introduced to the Planning 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. 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. The results of this survey are posted on the Borough’s website under “News Flash” and 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. The “chicken ordinance” was again discussed by the Planning 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 were made to the ordinance before it was presented to the Planning and Zoning Commission at its June 14, 2017 work session. At its June 14, 2017 work session the Planning and Zoning Commission made several changes to staff’s proposed draft ordinance. The changes are included in the draft ordinance, now being referred to as “Version 1”, and are presented with this staff report. Items changed by the Planning and Zoning Commission at the June 14, 2017 work session are highlighted in yellow. PUBLIC HEARING ITEM 7-C P & Z REGULAR MEETING: JULY 19, 2017 Case No. 18-003 AGENDA ITEM #9.B. Ordinance No. FY2018-03 Amending Titles 6 (Animal Control) a...Page 83 of 192 There has been a resurgence in recent years across the country in participation in agricultural activities for several reasons. Namely, it provides for local food security, personal connections with producers, local economic growth, and sustainability, among other provisions. Allowing urban agricultural activities in the Kodiak Island Borough is consistent with the Borough’s comprehensive plan, as seen below. COMPREHENSIVE PLAN CONSISTENCY This amendment relates directly to stated goals and implementations actions of the 2008 Comprehensive Plan: Land Use Goal: Regulate and manage land uses to balance the rights of private property owners with community values and objectives. Policy: Maximize compatibility of adjacent land uses and minimize conflicts through zoning, buffering, design standards and other means. Policy: Zone land to meet future housing, commercial, industrial, and other land needs. Implementation Action: Update the Borough’s zoning code to allow for a more flexible set of uses in smaller communities, while continuing to minimize conflicts among adjacent, potentially incompatible uses. Use size limitations, restrictions on noise or odor, buffering, and other means to minimize conflicts. Land Use Goal: Ensure that land use and development decisions consider subsistence resources and activities. Policy: Support the use of, and access to, subsistence resources by subsistence users. Economic Goal: Diversify the overall economy of the Kodiak Region. Policy: Encourage and facilitate small business development on Kodiak Island. CONCLUSION The proposed changes to Title 17 are consistent with 17.205 KIBC as well as the 2008 Comprehensive Plan. RECOMMENDATION Staff recommends that the Commission forward this ordinance to the Borough Assembly with a recommendation for approval. APPROPRIATE MOTION Should the Commission agree with the staff recommendation, the appropriate motion is: Move to recommend that the Assembly of the Kodiak Island Borough approve Ordinance No. FY2018-03, amending Title 6 (Animal Control) and Title 17 (Zoning) to allow for the keeping of small livestock and other agricultural activities in the R1, R2, R3, and RR zoning districts, and to adopt the findings of fact listed in the staff report for Case No. 18-001 dated July 5, 2017. FINDINGS OF FACT (KIBC 17.205.020) 1. Kodiak residents rely on the keeping of chickens and other small animals useful to people to supplement their sustenance and income. 2. Having reliable access to locally-produced food is a benefit to the community. 3. The amendments to Title 17 KIBC are consistent with the adopted 2008 Comprehensive Plan goals, policies, and implementation actions. 4. The Planning and Zoning Commission recommends approval of Ordinance FY2018-03. PUBLIC HEARING ITEM 7-C P & Z REGULAR MEETING: JULY 19, 2017 Case No. 18-003 AGENDA ITEM #9.B. Ordinance No. FY2018-03 Amending Titles 6 (Animal Control) a...Page 84 of 192 Kodiak Island Borough, Alaska Ordinance No. FY2018-03 Deletion – Red, Strikeout Page 1 of 6 Insertion – Bold, Blue, Underlined Version 1 Introduced by: P&Z Commission 1 Drafted by: CDD Director 2 Introduced on: 3 Public Hearing Date: 4 Adopted on: 5 6 KODIAK ISLAND BOROUGH 7 ORDINANCE NO. FY2018-03 8 9 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDING 10 TITLE 6 ANIMAL CONTROL AND TITLE 17 ZONING TO ALLOW FOR CERTAIN 11 AGRICULTURAL ACTIVITIES IN RESIDENTIAL ZONING DISTRICTS 12 13 WHEREAS, as a second class Borough, the Kodiak Island Borough exercises planning, 14 platting, and land use regulations on an area wide basis pursuant to Chapter 29.40 Alaska 15 Statutes; and 16 17 WHEREAS, in accordance with AS 29.40, the Kodiak Island Borough adopted the 2008 18 Comprehensive Plan update on December 6, 2007 (Ordinance No. FY2008-10) to replace the 19 1968 Comprehensive Plan; and 20 21 WHEREAS, the Kodiak Island Borough has adopted KIBC Title 17 (Zoning) in accordance 22 with AS 29.40 to implement the Kodiak Island Borough Comprehensive Plan; and 23 24 WHEREAS, KIBC 17.205.010 provides that “Whenever the public necessity, convenience, 25 general welfare or good zoning practice requires, the assembly may, by ordinance and after 26 report thereon by the commission and public hearing as required by law, amend, supplement, 27 modify, repeal or otherwise change these regulations and the boundaries of the districts”; and 28 29 WHEREAS, there has been a noted increase in the keeping of chickens and other small 30 animals useful to people in residential zoning districts within the Kodiak Island Borough; and 31 32 WHEREAS, the keeping of chickens and other animals useful to people is an agricultural 33 activity as defined by KIBC 17.25.020(A); and 34 35 WHEREAS, agricultural activities are listed as a permitted use in the RR1-Rural Residential 36 One, RR2-Rural Residential Two, and C-Conservation Districts; and 37 38 WHEREAS, agricultural activities are not listed as a permitted use in the RR-Rural 39 Residential, R1-Single-Family Residential, R2-Two-Family Residential, and R3-Multi-Family 40 Residential Districts and are therefore prohibited per KIBC 17.15.080; and 41 42 WHEREAS, the Borough Assembly recognizes that some agricultural activities may conflict 43 with the character and intensity of some rural and urban residential zoning districts; and 44 45 PUBLIC HEARING ITEM 7-C P & Z REGULAR MEETING: JULY 19, 2017 Case No. 18-003 AGENDA ITEM #9.B. Ordinance No. FY2018-03 Amending Titles 6 (Animal Control) a...Page 85 of 192 Kodiak Island Borough, Alaska Ordinance No. FY2018-03 Deletion – Red, Strikeout Page 2 of 6 Insertion – Bold, Blue, Underlined Version 1 WHEREAS, the Borough Assembly recognizes that residents rely on the keeping of chickens 46 and other small animals useful to people to supplement their sustenance and income; and 47 48 WHEREAS, having reliable access to a variety of locally-produced food resources will directly 49 benefit the entire Kodiak Island Borough; and 50 51 WHEREAS, in accordance with AS 29.40.020 the Planning and Zoning Commission 52 discussed the proposed changes to Title 17 (Zoning) at work sessions and regular meetings on 53 February 8, 2017, March 8, 2017, June 14, 2017, July 12, 2017, and July 19, 2017; and 54 55 WHEREAS, the Planning and Zoning Commission, following public hearing at the July 19, 56 2017 regular meeting, voted to transmit their recommendations for revisions to Title 17 to the 57 Borough Assembly; and 58 59 WHEREAS, the Borough Assembly discussed the proposed changes at work sessions and 60 regular meetings on April 13, 2017, Xxxx XX, 2017, Xxxx XX, 2017, Xxxx XX, 2017, and Xxxx 61 XX, 2017; and 62 63 WHEREAS, the Borough Assembly, following a public hearing at the Xxxx XX, 2017 regular 64 meeting, voted to adopt Ordinance FY2018-03; and 65 66 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 67 BOROUGH THAT: 68 69 Section 1: This ordinance is of a general and permanent nature and shall become a part of the 70 Kodiak Island Borough Code of Ordinances. 71 72 Section 2: That Title 6 Animal Control and Title 17 Zoning of the Kodiak Island Borough Code 73 of Ordinances are amended to read as follows: 74 75 CHAPTER 6.04 76 ANIMAL CONTROL 77 78 6.04.040 Live traps. 79 A. Intentional capture of domestic animalsdogs and cats by live traps is prohibited unless the 80 person using the trap notifies the animal control officer. 81 82 B. All domestic animalsdogs and cats that are live trapped must be turned over to the animal 83 control officer or impounded. If a trapped animal has injured itself in a severe manner, or if the 84 trapped animal poses an immediate threat to a person, then upon notification to the animal 85 control officer, a person may humanely destroy the live-trapped animal. This subsection is 86 waived in communities not serviced by an animal shelter. 87 88 6.04.080 Annoying animals. 89 PUBLIC HEARING ITEM 7-C P & Z REGULAR MEETING: JULY 19, 2017 Case No. 18-003 AGENDA ITEM #9.B. Ordinance No. FY2018-03 Amending Titles 6 (Animal Control) a...Page 86 of 192 Kodiak Island Borough, Alaska Ordinance No. FY2018-03 Deletion – Red, Strikeout Page 3 of 6 Insertion – Bold, Blue, Underlined Version 1 No person may keep any animal canine or feline that makes noise with such frequency and/or 90 volume as to cause actual interference with normal sleeping hours (10 p.m. until 6 a.m.) or 91 reasonable right of peace to a person. 92 93 6.04.100 Control of animals. 94 A. The owner or custodian of a fierce, dangerous, or vicious animal shall confine the animal 95 within a building or secure enclosure and shall not take the animal out of such building or 96 enclosure unless the animal is muzzled and otherwise secured to prevent attacks or feigned 97 attacks. 98 99 B. A dog or other animal that is unrestrained and not under the immediate control of its owner 100 shall be impounded by a peace officer or animal control officer when found at large on the 101 streets, alleys, or public places within the borough, or on private property in the borough if the 102 officer has the permission of the owner or occupant of the property. 103 104 C. The owner of a female dog in heat or during ovulation shall keep and maintain the animal 105 confined in a building or secure enclosure, or in a veterinary hospital or boarding kennel, in such 106 manner that the female dog cannot come in contact with a male dog except for planned 107 breeding purposes. 108 109 D. The owner of animals including cattle, horses, sheep, goats, or other large farm animals shall 110 be responsible for their animals. Owners shall pay the cost of removal of dead animals or 111 animals doing property damage. 112 113 E. No person may keep or maintain a horse, cow, sheep, goat, pig, or other large farm animal 114 within the borough unless the animal is maintained within a fenced area which is owned or 115 leased by the owner or custodian of the animal and which is not occupied by residential 116 buildings other than the one occupied by the owner or custodian of the animal. Holders of 117 authorized state grazing leases are exempted from this subsection for parcels of land in excess 118 of 20 acres. 119 120 F. Livestock (including domestic fowl such as ducks, geese, and chickens) raised and 121 kept in residential zoning districts must be completely enclosed in a fenced area that is 122 of suitable height and construction to contain the animal(s), and minimize potential 123 adverse impacts to public health, safety, and welfare. When used, electrified fencing 124 must display adequate warning signage around the perimeter. 125 126 6.04.110 Animal waste 127 A. A person owning or having custody of any animal, shall remove and dispose in a sanitary 128 manner, of any and all feces and other animal litter deposited by the animal on developed or 129 regularly maintained public areas or on any property without the owner’s consent .,other than the 130 animal owner’s property. 131 132 PUBLIC HEARING ITEM 7-C P & Z REGULAR MEETING: JULY 19, 2017 Case No. 18-003 AGENDA ITEM #9.B. Ordinance No. FY2018-03 Amending Titles 6 (Animal Control) a...Page 87 of 192 Kodiak Island Borough, Alaska Ordinance No. FY2018-03 Deletion – Red, Strikeout Page 4 of 6 Insertion – Bold, Blue, Underlined Version 1 B. On private property, animal owners shall remove and dispose of feces and other 133 animal litter to the extent that animals are provided sanitary living conditions and that 134 extreme objectionable odor cannot be detected from adjacent properties. 135 136 CHAPTER 17.25 137 DEFINITIONS 138 139 Chapter 17.25.020 A definitions. 140 “Agricultural activities” means the production, keeping, or maintenance, for sale, lease, or 141 personal use, of plants and animals useful to people. This does not include any uses involving 142 or related to commercial marijuana activities. 143 “Agricultural activities, Urban” means the production, keeping, or maintenance, for sale, 144 lease, or personal use, of plants and small animals useful to people. This does not 145 include any uses involving or related to commercial marijuana activities. Small animals 146 includes domestic fowl (except peacocks and roosters), fur and meat animals such as 147 rabbits and guinea pigs, and small hooved animals such as pigs, and goats, and sheep 148 from breeds typically not to exceed 27 inches in height or 150 pounds in weight. Large 149 farm animals such as cows and horses are excluded from the urban agricultural use. 150 Sheep are permitted when being kept in conjunction with 4-H activities. 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 end of 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 PUBLIC HEARING ITEM 7-C P & Z REGULAR MEETING: JULY 19, 2017 Case No. 18-003 AGENDA ITEM #9.B. Ordinance No. FY2018-03 Amending Titles 6 (Animal Control) a...Page 88 of 192 Kodiak Island Borough, Alaska Ordinance No. FY2018-03 Deletion – Red, Strikeout Page 5 of 6 Insertion – Bold, Blue, Underlined Version 1 The following land uses and activities are permitted in the rural residential district: 178 179 A. Single-family dwellings; 180 B. Vacation homes; 181 C. Bed and breakfasts; and 182 D. Hoop houses.; and 183 E. Urban Agricultural buildings and activities. 184 185 CHAPTER 17.75 186 R1 – SINGLE-FAMILY RESIDENTIAL DISTRICT 187 188 17.75.020 Permitted uses. 189 The following land 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; and 197 G. Hoop houses.; and 198 H. Urban agricultural buildings and activities; and 199 I. Agricultural buildings and activities (lots equal to or greater than 40,000 square feet). 200 201 Chapter 17.80 202 R2 – TWO-FAMILY RESIDENTIAL DISTRICT 203 204 17.80.020 Permitted uses. 205 The following land uses are permitted in the two-family residential district: 206 207 A. Accessory buildings; 208 B. Beauty shops; 209 C. Churches; 210 D. Clinics; 211 E. Greenhouses; 212 F. Home occupations; 213 G. Hospitals; 214 H. Parks and playgrounds; 215 I. Professional offices; 216 J. Schools; 217 K. Single-family dwellings; 218 L. Two-family dwellings; 219 M. Vacation homes; 220 N. Bed and breakfasts; and 221 O. Hoop houses.; and 222 PUBLIC HEARING ITEM 7-C P & Z REGULAR MEETING: JULY 19, 2017 Case No. 18-003 AGENDA ITEM #9.B. Ordinance No. FY2018-03 Amending Titles 6 (Animal Control) a...Page 89 of 192 Kodiak Island Borough, Alaska Ordinance No. FY2018-03 Deletion – Red, Strikeout Page 6 of 6 Insertion – Bold, Blue, Underlined Version 1 P. Urban agricultural buildings and activities; and 223 Q. Agricultural buildings and activities (lots equal to or greater than 40,000 square feet). 224 225 CHAPTER 17.85 226 R3 – MULTI-FAMILY RESIDENTIAL DISTRICT 227 228 17.85.020 Permitted uses. 229 The following land uses are permitted in the multifamily residential district: 230 231 A. Accessory buildings; 232 B. Beauty shops; 233 C. Boardinghouses; 234 D. Churches; 235 E. Clinics; 236 F. Greenhouses; 237 G. Home occupations; 238 H. Hospitals; 239 I. Multifamily dwellings; 240 J. Parks and playgrounds; 241 K. Professional offices; 242 L. Schools; 243 M. Single-family dwellings; 244 N. Two-family dwellings; 245 O. Vacation homes; 246 P. Bed and breakfasts; 247 Q. Mobile home parks; and 248 R. Hoop houses.; and 249 S. Urban agricultural buildings and activities; and 250 T. Agricultural buildings and activities (lots equal to or greater than 40,000 square feet). 251 252 Effective Date: This ordinance takes effect upon adoption. (Note: KIBC 2.30.070 states an 253 ordinance takes effect upon adoption or at a later date specified in the ordinance.) 254 255 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 256 THIS __________ DAY OF _______________, 2017. 257 258 KODIAK ISLAND BOROUGH ATTEST: 259 260 261 ___________________________ ___________________________ 262 Daniel A. Rohrer, Mayor Nova M. Javier, MMC, Clerk 263 264 VOTES: 265 Ayes: 266 Noes: 267 PUBLIC HEARING ITEM 7-C P & Z REGULAR MEETING: JULY 19, 2017 Case No. 18-003 AGENDA ITEM #9.B. Ordinance No. FY2018-03 Amending Titles 6 (Animal Control) a...Page 90 of 192 Kodiak Island Borough Community Development Department 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486-9363 Fax (907) 486-9396 www.kodiakak.us 1 Memorandum Date: May 17, 2017 To: Planning and Zoning Commission From: Community Development Director RE: Chicken Ordinance Update 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 Zoning Commission’s aforementioned review of Title 17. 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. The “chicken ordinance” was introduced to the Planning 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. PUBLIC HEARING ITEM 7-C P & Z REGULAR MEETING: JULY 19, 2017 Case No. 18-003 AGENDA ITEM #9.B. Ordinance No. FY2018-03 Amending Titles 6 (Animal Control) a...Page 91 of 192 2 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. The results of this survey are posted on the Borough’s website under “News Flash” and 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. The “chicken ordinance” was again discussed by the Planning 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 “urban agricultural activities” 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. PUBLIC HEARING ITEM 7-C P & Z REGULAR MEETING: JULY 19, 2017 Case No. 18-003 AGENDA ITEM #9.B. Ordinance No. FY2018-03 Amending Titles 6 (Animal Control) a...Page 92 of 192 Kodiak Island Borough, Alaska Ordinance No. FY2018-XX Deletion – Red, Strikeout Page 1 of 6 Insertion – Bold, Blue, Underlined Version 1 Introduced by: P&Z Commission 1 Drafted by: CDD Director 2 Introduced on: 3 Public Hearing Date: 4 Adopted on: 5 6 KODIAK ISLAND BOROUGH 7 ORDINANCE NO. FY2018-XX 8 9 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDING 10 TITLE 6 ANIMAL CONTROL AND TITLE 17 ZONING TO ALLOW FOR CERTAIN 11 AGRICULTURAL ACTIVITIES IN RESIDENTIAL ZONING DISTRICTS 12 13 WHEREAS, as a second class Borough, the Kodiak Island Borough exercises planning, 14 platting, and land use regulations on an area wide basis pursuant to Chapter 29.40 Alaska 15 Statutes; and 16 17 WHEREAS, in accordance with AS 29.40, the Kodiak Island Borough adopted the 2008 18 Comprehensive Plan update on December 6, 2007 (Ordinance No. FY2008-10) to replace the 19 1968 Comprehensive Plan; and 20 21 WHEREAS, the Kodiak Island Borough has adopted KIBC Title 17 (Zoning) in accordance 22 with AS 29.40 to implement the Kodiak Island Borough Comprehensive Plan; and 23 24 WHEREAS, KIBC 17.205.010 provides that “Whenever the public necessity, convenience, 25 general welfare or good zoning practice requires, the assembly may, by ordinance and after 26 report thereon by the commission and public hearing as required by law, amend, supplement, 27 modify, repeal or otherwise change these regulations and the boundaries of the districts”; and 28 29 WHEREAS, there has been a noted increase in the keeping of chickens and other small 30 animals useful to people in residential zoning districts within the Kodiak Island Borough; and 31 32 WHEREAS, the keeping of chickens and other animals useful to people is an agricultural 33 activity as defined by KIBC 17.25.020(A); and 34 35 WHEREAS, agricultural activities are listed as a permitted use in the RR1-Rural Residential 36 One, RR2-Rural Residential Two, and C-Conservation Districts; and 37 38 WHEREAS, agricultural activities are not listed as a permitted use in the RR-Rural 39 Residential, R1-Single-Family Residential, R2-Two-Family Residential, and R3-Multi-Family 40 Residential Districts and are therefore prohibited per KIBC 17.15.080; and 41 42 WHEREAS, the Borough Assembly recognizes that some agricultural activities may conflict 43 with the character and intensity of some rural and urban residential zoning districts; and 44 45 PUBLIC HEARING ITEM 7-C P & Z REGULAR MEETING: JULY 19, 2017 Case No. 18-003 AGENDA ITEM #9.B. Ordinance No. FY2018-03 Amending Titles 6 (Animal Control) a...Page 93 of 192 Kodiak Island Borough, Alaska Ordinance No. FY2018-XX Deletion – Red, Strikeout Page 2 of 6 Insertion – Bold, Blue, Underlined Version 1 WHEREAS, the Borough Assembly recognizes that residents rely on the keeping of chickens 46 and other small animals useful to people to supplement their sustenance and income; and 47 48 WHEREAS, having reliable access to a variety of locally-produced food resources will directly 49 benefit the entire Kodiak Island Borough; and 50 51 WHEREAS, in accordance with AS 29.40.020 the Planning and Zoning Commission 52 discussed the proposed changes to Title 17 (Zoning) at work sessions and regular meetings on 53 February 8, 2017, March 8, 2017, June 14, 2017, July 12, 2017, and July 19, 2017; and 54 55 WHEREAS, the Planning and Zoning Commission, following public hearing at the July 19, 56 2017 regular meeting, voted to transmit their recommendations for revisions to Title 17 to the 57 Borough Assembly; and 58 59 WHEREAS, the Borough Assembly discussed the proposed changes at work sessions and 60 regular meetings on April 13, 2017, Xxxx XX, 2017, Xxxx XX, 2017, Xxxx XX, 2017, and Xxxx 61 XX, 2017; and 62 63 WHEREAS, the Borough Assembly, following a public hearing at the Xxxx XX, 2017 regular 64 meeting, voted to adopt Ordinance FY2018-XX; and 65 66 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 67 BOROUGH THAT: 68 69 Section 1: This ordinance is of a general and permanent nature and shall become a part of the 70 Kodiak Island Borough Code of Ordinances. 71 72 Section 2: That Title 6 Animal Control and Title 17 Zoning of the Kodiak Island Borough Code 73 of Ordinances are amended to read as follows: 74 75 CHAPTER 6.04 76 ANIMAL CONTROL 77 78 6.04.040 Live traps. 79 A. Intentional capture of domestic animalsdogs and cats by live traps is prohibited unless the 80 person using the trap notifies the animal control officer. 81 82 B. All domestic animalsdogs and cats that are live trapped must be turned over to the animal 83 control officer or impounded. If a trapped animal has injured itself in a severe manner, or if the 84 trapped animal poses an immediate threat to a person, then upon notification to the animal 85 control officer, a person may humanely destroy the live-trapped animal. This subsection is 86 waived in communities not serviced by an animal shelter. 87 88 6.04.080 Annoying animals. 89 PUBLIC HEARING ITEM 7-C P & Z REGULAR MEETING: JULY 19, 2017 Case No. 18-003 AGENDA ITEM #9.B. Ordinance No. FY2018-03 Amending Titles 6 (Animal Control) a...Page 94 of 192 Kodiak Island Borough, Alaska Ordinance No. FY2018-XX Deletion – Red, Strikeout Page 3 of 6 Insertion – Bold, Blue, Underlined Version 1 No person may keep any animal canine or feline that makes noise with such frequency and/or 90 volume as to cause actual interference with normal sleeping hours (10 p.m. until 6 a.m.) or 91 reasonable right of peace to a person. 92 93 6.04.100 Control of animals. 94 A. The owner or custodian of a fierce, dangerous, or vicious animal shall confine the animal 95 within a building or secure enclosure and shall not take the animal out of such building or 96 enclosure unless the animal is muzzled and otherwise secured to prevent attacks or feigned 97 attacks. 98 99 B. A dog or other animal that is unrestrained and not under the immediate control of its owner 100 shall be impounded by a peace officer or animal control officer when found at large on the 101 streets, alleys, or public places within the borough, or on private property in the borough if the 102 officer has the permission of the owner or occupant of the property. 103 104 C. The owner of a female dog in heat or during ovulation shall keep and maintain the animal 105 confined in a building or secure enclosure, or in a veterinary hospital or boarding kennel, in such 106 manner that the female dog cannot come in contact with a male dog except for planned 107 breeding purposes. 108 109 D. The owner of animals including cattle, horses, sheep, goats, or other large farm animals shall 110 be responsible for their animals. Owners shall pay the cost of removal of dead animals or 111 animals doing property damage. 112 113 E. No person may keep or maintain a horse, cow, sheep, goat, pig, or other large farm animal 114 within the borough unless the animal is maintained within a fenced area which is owned or 115 leased by the owner or custodian of the animal and which is not occupied by residential 116 buildings other than the one occupied by the owner or custodian of the animal. Holders of 117 authorized state grazing leases are exempted from this subsection for parcels of land in excess 118 of 20 acres. 119 120 F. Livestock (including domestic fowl such as ducks, geese, and chickens) raised and 121 kept in residential zoning districts must be completely enclosed in a fenced area that is 122 of suitable height and construction to contain the animal(s), and minimize potential 123 adverse impacts to public health, safety, and welfare. When used, electrified fencing 124 must display adequate warning signage around the perimeter. 125 126 6.04.110 Animal waste 127 A. A person owning or having custody of any animal, shall remove and dispose in a sanitary 128 manner, of any and all feces and other animal litter deposited by the animal on developed or 129 regularly maintained public areas or on any property without the owner’s consent.,other than the 130 animal owner’s property. 131 132 PUBLIC HEARING ITEM 7-C P & Z REGULAR MEETING: JULY 19, 2017 Case No. 18-003 AGENDA ITEM #9.B. Ordinance No. FY2018-03 Amending Titles 6 (Animal Control) a...Page 95 of 192 Kodiak Island Borough, Alaska Ordinance No. FY2018-XX Deletion – Red, Strikeout Page 4 of 6 Insertion – Bold, Blue, Underlined Version 1 B. On private property, animal owners shall remove and dispose of feces and other 133 animal litter to the extent that animals are provided sanitary living conditions and that 134 extreme objectionable odor cannot be detected from adjacent properties. 135 136 CHAPTER 17.25 137 DEFINITIONS 138 139 Chapter 17.25.020 A definitions. 140 “Agricultural activities” means the production, keeping, or maintenance, for sale, lease, or 141 personal use, of plants and animals useful to people. This does not include any uses involving 142 or related to commercial marijuana activities. 143 “Agricultural activities, Urban” means the production, keeping, or maintenance, for sale, 144 lease, or personal use, of plants and small animals useful to people. This does not 145 include any uses involving or related to commercial marijuana activities. Small animals 146 includes domestic fowl (except peacocks and roosters), fur and meat animals such as 147 rabbits and guinea pigs, and small hooved animals such as pigs and goats from breeds 148 typically not to exceed 27 inches in height or 150 pounds in weight. Large farm animals 149 such as cows and horses are excluded from the urban agricultural use. Sheep are 150 permitted when being kept in conjunction with 4-H activities. 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 end of 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 PUBLIC HEARING ITEM 7-C P & Z REGULAR MEETING: JULY 19, 2017 Case No. 18-003 AGENDA ITEM #9.B. Ordinance No. FY2018-03 Amending Titles 6 (Animal Control) a...Page 96 of 192 Kodiak Island Borough, Alaska Ordinance No. FY2018-XX Deletion – Red, Strikeout Page 5 of 6 Insertion – Bold, Blue, Underlined Version 1 The following land uses and activities are permitted in the rural residential district: 178 179 A. Single-family dwellings; 180 B. Vacation homes; 181 C. Bed and breakfasts; and 182 D. Hoop houses.; and 183 E. Urban agricultural buildings and activities. 184 185 CHAPTER 17.75 186 R1 – SINGLE-FAMILY RESIDENTIAL DISTRICT 187 188 17.75.020 Permitted uses. 189 The following land 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; and 197 G. Hoop houses.; and 198 H. Urban agricultural buildings and activities. 199 200 Chapter 17.80 201 R2 – TWO-FAMILY RESIDENTIAL DISTRICT 202 203 17.80.020 Permitted uses. 204 The following land uses are permitted in the two-family residential district: 205 206 A. Accessory buildings; 207 B. Beauty shops; 208 C. Churches; 209 D. Clinics; 210 E. Greenhouses; 211 F. Home occupations; 212 G. Hospitals; 213 H. Parks and playgrounds; 214 I. Professional offices; 215 J. Schools; 216 K. Single-family dwellings; 217 L. Two-family dwellings; 218 M. Vacation homes; 219 N. Bed and breakfasts; and 220 O. Hoop houses.; and 221 P. Urban agricultural buildings and activities. 222 PUBLIC HEARING ITEM 7-C P & Z REGULAR MEETING: JULY 19, 2017 Case No. 18-003 AGENDA ITEM #9.B. Ordinance No. FY2018-03 Amending Titles 6 (Animal Control) a...Page 97 of 192 Kodiak Island Borough, Alaska Ordinance No. FY2018-XX Deletion – Red, Strikeout Page 6 of 6 Insertion – Bold, Blue, Underlined Version 1 223 CHAPTER 17.85 224 R3 – MULTI-FAMILY RESIDENTIAL DISTRICT 225 226 17.85.020 Permitted uses. 227 The following land uses are permitted in the multifamily residential district: 228 229 A. Accessory buildings; 230 B. Beauty shops; 231 C. Boardinghouses; 232 D. Churches; 233 E. Clinics; 234 F. Greenhouses; 235 G. Home occupations; 236 H. Hospitals; 237 I. Multifamily dwellings; 238 J. Parks and playgrounds; 239 K. Professional offices; 240 L. Schools; 241 M. Single-family dwellings; 242 N. Two-family dwellings; 243 O. Vacation homes; 244 P. Bed and breakfasts; 245 Q. Mobile home parks; and 246 R. Hoop houses.; and 247 S. Urban agricultural buildings and activities. 248 249 Effective Date: This ordinance takes effect upon adoption. (Note: KIBC 2.30.070 states an 250 ordinance takes effect upon adoption or at a later date specified in the ordinance.) 251 252 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 253 THIS __________ DAY OF _______________, 2017. 254 255 KODIAK ISLAND BOROUGH ATTEST: 256 257 258 ___________________________ ___________________________ 259 Daniel A. Rohrer, Mayor Nova M. Javier, MMC, Clerk 260 261 VOTES: 262 Ayes: 263 Noes: 264 PUBLIC HEARING ITEM 7-C P & Z REGULAR MEETING: JULY 19, 2017 Case No. 18-003 AGENDA ITEM #9.B. Ordinance No. FY2018-03 Amending Titles 6 (Animal Control) a...Page 98 of 192 2 4 5 6 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 Introduced by: Requested by: Drafted by: Introduced: Public Hearing: Adopted: KODIAK ISLAND BOROUGH ORDINANCE NO. FY2017-17 Assembly Member Crow Assembly Member Crow CDD 09/15/2015 10/06/2016 10/06/2016 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGHPLACING A TEMPORARY MORATORIUM ON THE ENFORCEMENT OF THOSE SECTIONS OF TITLE 17 (ZONING) OF THEBOROUGH CODE THAT PROHIBIT THEKEEPING OF CHICKENS AND OTHER ANIMALS USEFUL TO PEOPLE IN THE RR - RURALRESIDENTIAL, R1 -SINGLE-FAMILY RESIDENTIAL, R2 -TWO- FAMILY RESIDENTIAL, AND R3 -MULTI -FAMILY RESIDENTIAL ZONINGDISTRICTS, ANDINITIATING A PLANNING AND ZONING COMMISSIONREVIEW OF TITLE 17 (ZONING) OF THE BOROUGH CODE TO CONSIDER AMENDMENTS THAT WILL ALLOW SUCH USES IN THOSE DISTRICTS WHEREAS, there has been a noted increase in the keeping of chickens and other animals useful to people in residentialzoning districts within the Kodiak IslandBorough; and WHEREAS, the keeping of chickens and otheranimals useful to people isan agricultural activity as defined by Kodiak IslandBoroughCode 17.25.020.A; and WHEREAS, agriculturalactivities arelisted as a permitted use in the low density RR1- Rural Residential One, RR2-Rural Residential Two, and C -ConservationZoning Districts; and WHEREAS, agricultural activities are notlisted as a permitted use in the low density RR - Rural Residential District, medium density R1 -Single-family Residential and R2 -Two-family ResidentialDistricts, and high density R3-Mulit-family ResidentialDistrictand are therefore a prohibited use in thosedistricts per Kodiak Island Borough Code 17.15.080; and WHEREAS, throughpublic comment atseveral Kodiak Island Borough Assembly and Planning and ZoningCommissionpublic meetings and through other publicforums (e.g.; socialmediasites, local newspapereditorials, letters tothe editor, etc.), numerous Kodiak Island Borough residents have expressed their supportfor the keeping of chickens and otheranimals useful to people in all residential zoningdistricts; and WHEREAS, theKodiak Island Borough Assembly recognizes that manyresidents rely onthe keeping of chickens and other animals to supplement their subsistence needs; and WHEREAS, many municipalities acrossthe country have recognized this needand have amended their land use codes to allow the keeping of chickens and otheranimals useful to people in low, medium, and high density residential zoning districts; and Kodiak Island Borough, Alaska Ordinance No. FY2017-17 Page 1 of 3 PUBLIC HEARING ITEM 7-C P & Z REGULAR MEETING: JULY 19, 2017 Case No. 18-003 AGENDA ITEM #9.B. Ordinance No. FY2018-03 Amending Titles 6 (Animal Control) a...Page 99 of 192 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 98 WHEREAS, Kodiak Island Borough Code 17.205.010 provides that 'Whenever the public necessity, convenience, general welfare or good zoning practicerequires, the assembly may, by ordinance and after report thereon by the commission and public hearing as required by law, amend, supplement, modify, repeal or otherwisechange these regulations and the boundaries ofthe districts'; and WHEREAS, Kodiak Island Borough Code 17.205.030.A, allows the assembly to initiate proposed amendments to theregulations of Title 17 (Zoning) ofthe Borough Code; and WHEREAS, the Kodiak IslandBorough Assembly has determined that a review of Title 17 (Zoning) of the Borough codeshould be conductedto investigatewhether the public necessity, convenience, general welfare, and good zoning practice would be enhanced by amending the codeto allow the keeping of chickens and other animals useful to people in low, medium, andhigh density residential zoningdistricts; and WHEREAS, theKodiak Island Borough Assembly has determinedthat a temporary moratorium should be placed onthe enforcement of those sections of Title 17 (Zoning) of the Borough codethatprohibit the keeping of chickens and other animals useful to people in low, medium, and high density residential zoningdistricts untilsuch time that the associated code review canbe completed and recommended amendments be codified; and WHEREAS, theKodiak IslandBorough Assembly recognizesthat noise created by roosters has the potential to create a nuisancethat may negatively impact the rights of surroundingpropertyowners in medium and high density residential zoningdistricts; and WHEREAS, the Kodiak Island Borough Assemblyrecognizesthat smaller lot sizes within medium and high density residential zoning districts may not be capable of providing the area required for the properkeeping of livestock (e.g.; cattle, sheep, swine, horses, ponies, mules, andgoats); and WHEREAS, theKodiak Island Borough Assembly has determined that the moratorium should not apply tothe enforcement of thosesections of Title 17 (Zoning) of theBorough code thatprohibit the keeping of roosters and livestock in mediumand high density residential zoning districts. NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH that: Section 1: This ordinance is not of a general and permanent nature and shall not become a part of theKodiak Island Borough Code of Ordinances. Section 2: A temporary moratorium is herebyplaced on the enforcement of those sectionsof Title 17 (Zoning) of the Borough codethat prohibit the keeping of chickens and otheranimals useful to people in the RR -Rural Residential, R1 -Single-familyResidential, R2 -Two-family Residential, and R3 -Multi- family ResidentialDistricts. Section 3: This temporary moratorium does not apply to the enforcement of those sections of Title 17 (Zoning) of the Boroughcode that prohibit the keeping Kodiak Island Borough, Alaska Ordinance No. FY2017-17 Page 2 of 3 PUBLIC HEARING ITEM 7-C P & Z REGULAR MEETING: JULY 19, 2017 Case No. 18-003 AGENDA ITEM #9.B. Ordinance No. FY2018-03 Amending Titles 6 (Animal Control) a...Page 100 of 192 99 of roosters and livestock in the R1-Single-family Residential, R2-Two-family 100 Residential, and R3-Multi-family Residential Districts. 101 102 Section 4: By this ordinance, the assembly of the Kodiak Island Boroughinitiates a 103 Planning and ZoningCommission review of Title 17 (Zoning) ofthe 104 Boroughcode to investigate whether thepublic necessity, convenience, 105 general welfare, and goodzoning practice would be enhanced by amending 106 the code to allow the keeping of chickens and other animalsuseful to 107 people in low, medium, and high densityresidential zoning districts. The 108 review shall be conducted in accordance with the provisions of Chapter 109 17.205 (Amendments and Changes) ofthe BoroughCode and shall be 110 completed no later than eighteen (18) months from the date of approval of 111 this ordinance. 112 113 Section 5: This temporarymoratorium shall expire twenty-four (24) months from the 114 date of approval of this ordinance. Should the above review result in 115 amendments to Title 17 (Zoning) of the Borough Codethatallow the 116 keeping of chickens and other animals useful to people in low, medium, and 117 high densityresidentialzoningdistricts, the moratorium shallexpire on the 118 date the amendments are codified. 119 120 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 121 THIS SIXTHDAY OF OCTOBER, 2016 122 123 KODIAK ISLAND BOROUGH 124 125 126 127 14emAo 128 J rrol Friend, Borough Mayor 129 ATTEST: 130 131 132 nn 133r-- 134 Nova M. Javier, MMC, Borou6 Clerk Kodiak Island Borough, Alaska Ordinance No. FY2017-17 Page 3 of 3 PUBLIC HEARING ITEM 7-C P & Z REGULAR MEETING: JULY 19, 2017 Case No. 18-003 AGENDA ITEM #9.B. Ordinance No. FY2018-03 Amending Titles 6 (Animal Control) a...Page 101 of 192 Chicken Ordinance Meeting Advertisement Text “Chicken Ordinance” Public Meeting The Kodiak Island Borough will be hosting a meeting on March 4th from 2:00-4:30 p.m. at the Bayside Fire Department to discuss the development of regulations relating to the keeping of chickens and other small livestock in residential zoning districts. At this meeting Borough staff will be giving a presentation on: • Benefits of keeping chickens • Concerns with keeping chickens • How chickens are regulated nationwide • How chickens are regulated in Alaska • Considerations for regulating chickens in Kodiak The goals of this meeting are to: • Provide information to the public through a presentation and handouts • Facilitate discussion on the benefits and concerns of raising small livestock in Kodiak • Document these Kodiak-specific benefits and concerns • Document community ideas for promoting benefits and addressing concerns through regulation For more information about this meeting, please contact Sara Mason, Community Development Director, Kodiak Island Borough, 907-486-9360 or smason@kodiakak.us. PUBLIC HEARING ITEM 7-C P & Z REGULAR MEETING: JULY 19, 2017 Case No. 18-003 AGENDA ITEM #9.B. Ordinance No. FY2018-03 Amending Titles 6 (Animal Control) a...Page 102 of 192 PUBLIC HEARING ITEM 7-C P & Z REGULAR MEETING: JULY 19, 2017 Case No. 18-003 AG E N D A I T E M # 9 . B . Or d i n a n c e N o . F Y 2 0 1 8 - 0 3 A m e n d i n g T i t l e s 6 ( A n i m a l C o n t r o l ) a . . . Pa g e 1 0 3 o f 1 9 2 PUBLIC HEARING ITEM 7-C P & Z REGULAR MEETING: JULY 19, 2017 Case No. 18-003 AG E N D A I T E M # 9 . B . Or d i n a n c e N o . F Y 2 0 1 8 - 0 3 A m e n d i n g T i t l e s 6 ( A n i m a l C o n t r o l ) a . . . Pa g e 1 0 4 o f 1 9 2 The Chicken Ordinance Public Meeting March 4, 2017 2:00 p.m. to 4:30 p.m. Bayside Fire Department PUBLIC HEARING ITEM 7-C P & Z REGULAR MEETING: JULY 19, 2017 Case No. 18-003 AG E N D A I T E M # 9 . B . Or d i n a n c e N o . F Y 2 0 1 8 - 0 3 A m e n d i n g T i t l e s 6 ( A n i m a l C o n t r o l ) a . . . Pa g e 1 0 5 o f 1 9 2 Over view O Chicken Introduction O Benefits of Keeping Chickens O Concerns With Keeping Chickens O Regulating Chickens Nationwide O Regulating Chickens in Alaska O Considerations PUBLIC HEARING ITEM 7-C P & Z REGULAR MEETING: JULY 19, 2017 Case No. 18-003 AG E N D A I T E M # 9 . B . Or d i n a n c e N o . F Y 2 0 1 8 - 0 3 A m e n d i n g T i t l e s 6 ( A n i m a l C o n t r o l ) a . . . Pa g e 1 0 6 o f 1 9 2 Chicken Introduction (1) O 25 billion chickens worldwide O Extremely social O Have social hierarchy O Roosters protect the flock O Object permanence PUBLIC HEARING ITEM 7-C P & Z REGULAR MEETING: JULY 19, 2017 Case No. 18-003 AG E N D A I T E M # 9 . B . Or d i n a n c e N o . F Y 2 0 1 8 - 0 3 A m e n d i n g T i t l e s 6 ( A n i m a l C o n t r o l ) a . . . Pa g e 1 0 7 o f 1 9 2 Chicken Introduction (2) O Europe has had domesticated hens since 600 B.C. O It is likely that Columbus brought chickens to the Americas on his second voyage O The U.S. now produces ~75 billion eggs each year PUBLIC HEARING ITEM 7-C P & Z REGULAR MEETING: JULY 19, 2017 Case No. 18-003 AG E N D A I T E M # 9 . B . Or d i n a n c e N o . F Y 2 0 1 8 - 0 3 A m e n d i n g T i t l e s 6 ( A n i m a l C o n t r o l ) a . . . Pa g e 1 0 8 o f 1 9 2 Over view O Chicken Introduction O Benefits of Keeping Chickens O Concerns With Keeping Chickens O Regulating Chickens Nationwide O Regulating Chickens in Alaska O Considerations PUBLIC HEARING ITEM 7-C P & Z REGULAR MEETING: JULY 19, 2017 Case No. 18-003 AG E N D A I T E M # 9 . B . Or d i n a n c e N o . F Y 2 0 1 8 - 0 3 A m e n d i n g T i t l e s 6 ( A n i m a l C o n t r o l ) a . . . Pa g e 1 0 9 o f 1 9 2 Benef its of Keeping Chickens O Food source O Biorecyclers O Compost source O Insect control O Soil tillers O Companionship O Education PUBLIC HEARING ITEM 7-C P & Z REGULAR MEETING: JULY 19, 2017 Case No. 18-003 AG E N D A I T E M # 9 . B . Or d i n a n c e N o . F Y 2 0 1 8 - 0 3 A m e n d i n g T i t l e s 6 ( A n i m a l C o n t r o l ) a . . . Pa g e 1 1 0 o f 1 9 2 Over view O Chicken Introduction O Benefits of Keeping Chickens O Concerns With Keeping Chickens O Regulating Chickens Nationwide O Regulating Chickens in Alaska O Considerations PUBLIC HEARING ITEM 7-C P & Z REGULAR MEETING: JULY 19, 2017 Case No. 18-003 AG E N D A I T E M # 9 . B . Or d i n a n c e N o . F Y 2 0 1 8 - 0 3 A m e n d i n g T i t l e s 6 ( A n i m a l C o n t r o l ) a . . . Pa g e 1 1 1 o f 1 9 2 Concerns With Keeping Chickens O Rodent attraction O Predation O Nuisances O Noise O Smell O Insects O Sanitation O Culling O Garden Damage PUBLIC HEARING ITEM 7-C P & Z REGULAR MEETING: JULY 19, 2017 Case No. 18-003 AG E N D A I T E M # 9 . B . Or d i n a n c e N o . F Y 2 0 1 8 - 0 3 A m e n d i n g T i t l e s 6 ( A n i m a l C o n t r o l ) a . . . Pa g e 1 1 2 o f 1 9 2 Over view O Chicken Introduction O Benefits of Keeping Chickens O Concerns With Keeping Chickens O Regulating Chickens Nationwide O Regulating Chickens in Alaska O Considerations PUBLIC HEARING ITEM 7-C P & Z REGULAR MEETING: JULY 19, 2017 Case No. 18-003 AG E N D A I T E M # 9 . B . Or d i n a n c e N o . F Y 2 0 1 8 - 0 3 A m e n d i n g T i t l e s 6 ( A n i m a l C o n t r o l ) a . . . Pa g e 1 1 3 o f 1 9 2 Regulating Chickens Nationwide (1) O 84 of the top 100 most populous cities allow for chickens O Several of these expressly allow roosters O Only one city in the top 50 (by population) bans chickens O There is little consistency in where cities choose to regulate chickens. PUBLIC HEARING ITEM 7-C P & Z REGULAR MEETING: JULY 19, 2017 Case No. 18-003 AG E N D A I T E M # 9 . B . Or d i n a n c e N o . F Y 2 0 1 8 - 0 3 A m e n d i n g T i t l e s 6 ( A n i m a l C o n t r o l ) a . . . Pa g e 1 1 4 o f 1 9 2 Regulating Chickens Nationwide (2) O Chicken regulations can be found in: O Animal control O Health & safety O Land use O Permit O Property maintenance O Animal sale & breeding PUBLIC HEARING ITEM 7-C P & Z REGULAR MEETING: JULY 19, 2017 Case No. 18-003 AG E N D A I T E M # 9 . B . Or d i n a n c e N o . F Y 2 0 1 8 - 0 3 A m e n d i n g T i t l e s 6 ( A n i m a l C o n t r o l ) a . . . Pa g e 1 1 5 o f 1 9 2 Regulating Chickens Nationwide (3) O Tools for regulation: O Federal and state law O Zoning (e.g. setbacks, site design, conditional use permits, standalone permits) O Nuisance ordinances O Restrictive covenants O Animal welfare standards PUBLIC HEARING ITEM 7-C P & Z REGULAR MEETING: JULY 19, 2017 Case No. 18-003 AG E N D A I T E M # 9 . B . Or d i n a n c e N o . F Y 2 0 1 8 - 0 3 A m e n d i n g T i t l e s 6 ( A n i m a l C o n t r o l ) a . . . Pa g e 1 1 6 o f 1 9 2 Over view O Chicken Introduction O Benefits of Keeping Chickens O Concerns With Keeping Chickens O Regulating Chickens Nationwide O Regulating Chickens in Alaska O Considerations PUBLIC HEARING ITEM 7-C P & Z REGULAR MEETING: JULY 19, 2017 Case No. 18-003 AG E N D A I T E M # 9 . B . Or d i n a n c e N o . F Y 2 0 1 8 - 0 3 A m e n d i n g T i t l e s 6 ( A n i m a l C o n t r o l ) a . . . Pa g e 1 1 7 o f 1 9 2 Regulating Chickens in Alaska (1) PUBLIC HEARING ITEM 7-C P & Z REGULAR MEETING: JULY 19, 2017 Case No. 18-003 AG E N D A I T E M # 9 . B . Or d i n a n c e N o . F Y 2 0 1 8 - 0 3 A m e n d i n g T i t l e s 6 ( A n i m a l C o n t r o l ) a . . . Pa g e 1 1 8 o f 1 9 2 Regulating Chickens in Alaska (2) PUBLIC HEARING ITEM 7-C P & Z REGULAR MEETING: JULY 19, 2017 Case No. 18-003 AG E N D A I T E M # 9 . B . Or d i n a n c e N o . F Y 2 0 1 8 - 0 3 A m e n d i n g T i t l e s 6 ( A n i m a l C o n t r o l ) a . . . Pa g e 1 1 9 o f 1 9 2 Over view O Chicken Introduction O Benefits of Keeping Chickens O Concerns With Keeping Chickens O Regulating Chickens Nationwide O Regulating Chickens in Alaska O Considerations PUBLIC HEARING ITEM 7-C P & Z REGULAR MEETING: JULY 19, 2017 Case No. 18-003 AG E N D A I T E M # 9 . B . Or d i n a n c e N o . F Y 2 0 1 8 - 0 3 A m e n d i n g T i t l e s 6 ( A n i m a l C o n t r o l ) a . . . Pa g e 1 2 0 o f 1 9 2 Considerations O Climate and Geography O Development trends O Existing nonconformities O Community Perspective PUBLIC HEARING ITEM 7-C P & Z REGULAR MEETING: JULY 19, 2017 Case No. 18-003 AG E N D A I T E M # 9 . B . Or d i n a n c e N o . F Y 2 0 1 8 - 0 3 A m e n d i n g T i t l e s 6 ( A n i m a l C o n t r o l ) a . . . Pa g e 1 2 1 o f 1 9 2 Participation & Contact Sara Mason, Community Development Director smason@kodiakak.us (907) 486-9360 710 Mill Bay Road, Rm 205 Kodiak, AK 99615 www.kodiakak.us https://www.facebook.com/KodiakIslandBorough PUBLIC HEARING ITEM 7-C P & Z REGULAR MEETING: JULY 19, 2017 Case No. 18-003 AG E N D A I T E M # 9 . B . Or d i n a n c e N o . F Y 2 0 1 8 - 0 3 A m e n d i n g T i t l e s 6 ( A n i m a l C o n t r o l ) a . . . Pa g e 1 2 2 o f 1 9 2 Zoning Districts O Residential Districts O RR-Rural Residential O RR1-Rural Residential One O RR2-Rural Residential Two O R1-Single-family Residential O R2-Two-family Residential O R3-Multi-family Residential O Commercial/Business Districts O B-Business O RB-Retail Business O Industrial Districts O LI-Light Industrial O I-Industrial O Conservation PUBLIC HEARING ITEM 7-C P & Z REGULAR MEETING: JULY 19, 2017 Case No. 18-003 AG E N D A I T E M # 9 . B . Or d i n a n c e N o . F Y 2 0 1 8 - 0 3 A m e n d i n g T i t l e s 6 ( A n i m a l C o n t r o l ) a . . . Pa g e 1 2 3 o f 1 9 2 Chicken Ordinance Public Meeting Article List March 4, 2017 Illegal Fowl: A Survey of Municipal Laws Relating to Backyard Poultry and a Model Ordinance for Regulating City Chickens. By Jaime M. Bouvier. 2012. https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2119494 Chickens Working as Clucking Civic Employees (excerpt from City Chicks: Keeping Micro-flocks of Chickens as Garden Helpers, Compost Makers, Bio-recyclers, and Local Food Producers). By Patricia Foreman. 2010. http://www.nnpstl.com/_ccLib/attachments/pages/Urban+Chicken+Info_Chickens+as+Ci vic+Employees_110214.pdf Urban Chicken Problems Come Home to Roost. By Edward Ortiz (of The Sacramento Bee). 2014. http://www.sacbee.com/news/local/article2593643.html The Rise in Urban Chicken-keeping has led to Unforeseen Problems. By Jessica Server (of the Pittsburgh City Paper). 2013. http://www.pghcitypaper.com/pittsburgh/the-rise-in-urban-chicken-keeping-has-led-to- unforeseen-problems/Content?oid=1696915 Belgium Offers Chickens to Waster-cutting Households. BBC News. 2010. http://news.bbc.co.uk/2/hi/europe/8539877.stm From Farm to Nuisance: Animal Agriculture and the Rise of Planning Regulation. By Catherine Brinkley and Domenic Vitiello (published in the Journal of Planning History). 2014. https://www.ncbi.nlm.nih.gov/pmc/articles/PMC4256670/ Feeding the Locavores, One Chicken at a Time: Regulating Backyard Chickens. By Patricia Salkin (published in Albany Law School’s Zoning and Planning Law Report). 2011. https://papers.ssrn.com/sol3/Papers.cfm?abstract_id=1774023 Backyard Bunnies are the New Urban Chickens. By Adam Starr (of GOOD). 2010. https://www.good.is/articles/backyard-bunnies-are-the-new-urban-chickens Homegrown Baltimore: Grow Local (Baltimore City’s Urban Agriculture Plan). By Baltimore Office of Sustainability. 2013. http://www.baltimoresustainability.org/wp-content/uploads/2015/12/HGB-Grow-Local- Final-Cover-1.pdf PUBLIC HEARING ITEM 7-C P & Z REGULAR MEETING: JULY 19, 2017 Case No. 18-003 AGENDA ITEM #9.B. Ordinance No. FY2018-03 Amending Titles 6 (Animal Control) a...Page 124 of 192 “Chicken Ordinance” Public Meeting Survey **PLEASE RETURN BY MARCH 20, 2017** March 4, 2017 1. Do you currently raise chickens, geese, rabbits, or other animals that would be considered small livestock? A. Yes B. No 2. Have you ever raised chickens, geese, rabbits, or other animals that would be considered livestock? A. Yes B. No 3. If, at any time, you have raised small livestock, was this a permitted use in the zoning district that your property was located? A. Yes B. No C. I do not know D. I have never raised small livestock 4. Do you feel that the keeping of small livestock in urban residential zoning districts should be allowed? A. Yes B. No C. Undecided 5. Please choose the statement that best reflects your position: A. Each urban residential lot should be allowed to have the same number of small livestock, regardless of lot size. B. The number of small livestock allowed on each urban residential lot should be related to the size of the lot (e.g. larger lot size equals more animals). C. The number of animals should not be regulated under zoning laws. D. Small livestock should not be allowed on urban residential lots. 6. Please choose the statement that best reflects your position: A. Animal enclosures should be constructed closer to the property owner’s main dwelling than they are to any main dwellings on adjacent properties, regardless of zoning district setbacks. B. Animal enclosures should be required only to meet specified setbacks, even if the enclosure will be located closer to an adjacent property owner’s main dwelling than the small livestock owner’s main dwelling. C. Animal enclosures should be allowed to be placed anywhere on the property. D. Small livestock should not be allowed on urban residential lots. PUBLIC HEARING ITEM 7-C P & Z REGULAR MEETING: JULY 19, 2017 Case No. 18-003 AGENDA ITEM #9.B. Ordinance No. FY2018-03 Amending Titles 6 (Animal Control) a...Page 125 of 192 “Chicken Ordinance” Public Meeting Survey **PLEASE RETURN BY MARCH 20, 2017** March 4, 2017 7. Should the Kodiak Island Borough review its animal nuisance laws related to the keeping of small livestock? A. Yes B. No C. Undecided 8. Should the Kodiak Island Borough review its animal welfare laws related to the keeping of small livestock? A. Yes B. No C. Undecided 9. Please rank the benefits of keeping urban livestock below, with 1 being the most important benefit to you: ____ Food source ____ Soil tilling ____ Biorecycling ____ Companionship ____ Composting ____ Education ____ Insect control ____ Other: _____________________ 10. Please rank the concerns with keeping urban livestock below, with 1 being the highest concern to you: ____ Rodent attraction ____ Culling ____ Predation ____ Garden/property damage ____ Nuisances (e.g. noise, smell) ____ Other: _____________________ ____ Sanitation 11. Please share any additional comments, questions, or ideas related to the keeping of small livestock in urban residential areas. ______________________________________________________________________ _______________________________________________________ _______________________________________________________ _______________________________________________________ _______________________________________________________ _______________________________________________________ _______________________________________________________ _______________________________________________________ _______________________________________________________ Please return to: Kodiak Island Borough c/o Community Development Department 710 Mill Bay Road Kodiak, AK 99615 or smason@kodiakak.us PUBLIC HEARING ITEM 7-C P & Z REGULAR MEETING: JULY 19, 2017 Case No. 18-003 AGENDA ITEM #9.B. Ordinance No. FY2018-03 Amending Titles 6 (Animal Control) a...Page 126 of 192 Chicken Survey Results (47 Responses) PUBLIC HEARING ITEM 7-C P & Z REGULAR MEETING: JULY 19, 2017 Case No. 18-003 AGENDA ITEM #9.B. Ordinance No. FY2018-03 Amending Titles 6 (Animal Control) a...Page 127 of 192 Chicken Survey Results (47 Responses) Anyone having chicken hens should be allowed 1 rooster, regardless of lot/acreage size. You have the right to produce food for new stock--can't be done with only hens. My biology class stated one must have 1 rooster + 1 hen to produce more chickens. I also believe if you live "remote" it is not your business to regulate people trying to survive. It is extremely important and should be encouraged strongly! It is all positive experience in my opinion considering the other things we have to worry about these days such as the drug problems. I feel there are way more important things to regulate and worry about than people's livestock in their own yards. Need overall ag reform in Kodiak: -Livestock regulated with animal care code of Borough, mirrored with what exists in city code. -Any buildings associated with animal husbandry be located within certain distance of homeowner residence (barns, coops, etc) but not runs, yards, etc -Hoop houses and high tunnels be amended to allow them to be set in foundations, allow retail to rake place from them, etc. -Need to look at public safety regs in terms of bears. We have kept poultry in the Kodiak Island Borough for at least 45 year sand hope to continue doing it. Trying to regulate everyone based on a few people that may do the wrong thing has never worked and always leads to resentment and people will find ways around unjust rules. When making rules that affect real people always to try to chose freedom of the individual. We love raising small livestock and gardens for food. This is an important right and traditional activity in Kodiak. It's also good for food security and child education purposes. Take care of your animals and be courteous to your neighbors, food growing is important! No zoning limitations on small livestock Handle under animal welfare rules Keeping small livestock should be no more offensive than keeping other animals such as dogs. I would rather hear chickens clucking and crowing than dogs that are left out to bark at night. Rather than regulating the kind and amount of animals, the things that annoy or endanger others maybe should be looked at, (such as noise ordinance in town if dogs are barking or roosters crowing, or for sanitation issues such as manure piles next to neighbors). I believe that everyone should be able to raise their own animals for meat and/or eggs as long as it doesn't create excessive noise and/or sanitation issues with their immediate neighbors. Individual neighborhoods should be able to get together and decide to not allow livestock or pets or whatever, but for the Borough to do this is stepping on the toes of landowners. Urban areas tend to be more concentrated, leaving the probability of small livestock to create more rodent attraction, sanitary issues, and nuisances such as smell & consistent noise. Rodent attraction and sanitary issues go hand in hand. Small livestock left in unsanitary conditions attract rodents, plus unsanitary enclosures in such close proximity to neighbors will most certainly create a stench. You can't just stick the animals in the south forty to keep the smell away from your living area or your neighbor's. As for the noise issue, you can't just bring your chickens, for instance, into your house to avoid the neighbors hearing the noise they make, like you can a dog. Freedom of Choice, If I own property I want to be free to use it. Food Source with no antibiotics/steroids. Neighbors and Borough trying to control Private property. How many people have complained about chickens? There are enough laws already to address this. Please do not make emotional laws based on a couple complaints Ability to use own property. Ability to use own property. Check state statutes before making a bunch of new regulations that cost you/me money to enforce. PUBLIC HEARING ITEM 7-C P & Z REGULAR MEETING: JULY 19, 2017 Case No. 18-003 AGENDA ITEM #9.B. Ordinance No. FY2018-03 Amending Titles 6 (Animal Control) a...Page 128 of 192 Chicken Survey Results (47 Responses) Like most everything, irresponsible people cause problems for their neighbors. Banning the world from itself is a foolish endeavor. Banning me from growing my own chickens or rabbits for food is banning a God given right to feed myself. However with that in mind I do not have the right to disturb my neighbors in any way. If I must be quiet and not do construction work between certain hours any or all noise allowed should be within certain hours. I believe that any and all female ducks should either be butchered within 12-16 weeks because the females of this species are the noise maker. I believe that all male chickens (roosters) likewise should be butchered in the same age arena because of that same noise issue. If one rooster is allowed to be kept that would be at the written permission of the close neighbors. I do not expect my neighbors to have to put up with family fights, dogs barking, chickens crowing or geese honking so they should be dealt with like any other noise complaint ordinance. Silence the noise on the first complaint and given a warning. Second complaint $100. And add another ($100) hundred to the third complaint and forfeiture of the offending problem plus a disposal cost. All local farmers should be required to have a pest free environment along with an odor free operation. Lime is to be used to kill smells and whatever is needed to make sure rats are not feeding on the "food all the time facilities". We are not a third world country and if you are inadvertently feeding and raising the rat population you better be showing proof that you are eating them. If you are bothering me then you are affecting my life standards. Unless you have been given permission in writing to affect my life then you haven't permission implied or otherwise. Small Livestock should be allowed in all zones I appreciate the Borough Assembly position in the recent past to allow chickens in the urban areas--not having staff enforce outdated codes. Raising small livestock in residential areas could have beneficial community benefits by sharing composted materials, eggs, etc with neighbors while they share disposable waste material for animal consumption. Respect for neighbors should be a top priority. When we purchased our house, the ordinance was no livestock. Now people are doing anything that they want. I should not have to listen to chickens out my window. My neighbor has his hut right up next to the property line and therefore it is right out my bedroom window. And it's dirty and not kept up and this attracts rodents and also in bear path. IF they want livestock then they should move out where they have more land and not to disturb the neighbors. Changing the ordinance to allow livestock is just not right to the people that purchased homes in an area that had a NO livestock ordinance. They were not allowed in Woodland Acres when I purchased the land and built a house. They should not be allowed now! This ruins the value of my home and property. No person should have to live 25-28 feet away from a chicken coop! It's noisy and smells bad! Everyone has a right to raise their own small livestock. This is a way of life, a constitutional right, a freedom. We are educating our children and they are learning the value of raising small animals. Our hens are well kept, and clean. They are not noisy, or causing distress to our neighbors. We have the perfect amount of hens for our household. Enjoying fresh eggs every day. Every family size is different and every families needs are different. The emphasis should be on the management of the animals and not the amount of animals a household is allowed. Thank you! I think we have a lot of other issues to be concerned with. I have lived here for over 25 years and many friends and neighbors have raised chickens, ducks, and geese with very little effect on others. I would really like to see issues of greater concern being dealt with by my TAX dollars! Government should not be controlling every aspect of our lives. Let us keep our chickens. We live on an Island and chickens help to remain independent, save money on food cost and help reduce our carbon footprint. "Noise" must be considerate of neighbors inside of city limits This should be covered under animal control. If it is negatively affecting a neighbor by provable evidence then a warning to remedy with time limit for follow up inspection should be issued. Spell out fines in ANIMAL CONTROL fee schedule. Borough should be getting the fees not the city. Appeals can be to BOE (final). Bear attraction PUBLIC HEARING ITEM 7-C P & Z REGULAR MEETING: JULY 19, 2017 Case No. 18-003 AGENDA ITEM #9.B. Ordinance No. FY2018-03 Amending Titles 6 (Animal Control) a...Page 129 of 192 Chicken Ordinance Meeting Advertisement Text “Chicken Ordinance” Public Meeting The Kodiak Island Borough will be hosting a meeting on May 16th from 6:30-8:30 p.m. in the Borough Assembly Chambers to discuss the development of regulations relating to the keeping of chickens and other small livestock in residential zoning districts. At this meeting Borough staff will be giving a presentation on: • Activities to date • The draft ordinance • Next steps The goals of this meeting are to: • Provide information to the public through a presentation • Facilitate discussion on the draft ordinance • Document concurrence and concerns with the draft ordinance • Let the public know about opportunities to participate For more information about this meeting, please contact Sara Mason, Community Development Director, Kodiak Island Borough, 907-486-9360 or smason@kodiakak.us. PUBLIC HEARING ITEM 7-C P & Z REGULAR MEETING: JULY 19, 2017 Case No. 18-003 AGENDA ITEM #9.B. Ordinance No. FY2018-03 Amending Titles 6 (Animal Control) a...Page 130 of 192 PU B L I C H E A R I N G I T E M 7 - C P & Z R E G U L A R M E E T I N G : J U L Y 1 9 , 2 0 1 7 Ca s e N o . 1 8 - 0 0 3 AG E N D A I T E M # 9 . B . Or d i n a n c e N o . F Y 2 0 1 8 - 0 3 A m e n d i n g T i t l e s 6 ( A n i m a l C o n t r o l ) a . . . Pa g e 1 3 1 o f 1 9 2 The Chicken Ordinance Public Meeting May 16, 2017 6:30 p.m. to 8:30 p.m. Borough Assembly Chambers PUBLIC HEARING ITEM 7-C P & Z REGULAR MEETING: JULY 19, 2017 Case No. 18-003 AG E N D A I T E M # 9 . B . Or d i n a n c e N o . F Y 2 0 1 8 - 0 3 A m e n d i n g T i t l e s 6 ( A n i m a l C o n t r o l ) a . . . Pa g e 1 3 2 o f 1 9 2 Over view O What’s Been Done to Date O The Draft Ordinance O What’s Next O Public Participation O Contact Information PUBLIC HEARING ITEM 7-C P & Z REGULAR MEETING: JULY 19, 2017 Case No. 18-003 AG E N D A I T E M # 9 . B . Or d i n a n c e N o . F Y 2 0 1 8 - 0 3 A m e n d i n g T i t l e s 6 ( A n i m a l C o n t r o l ) a . . . Pa g e 1 3 3 o f 1 9 2 What’s Been Done to Date (1) O Ordinance No. FY2017- 17 O Placed moratorium on enforcement O Directed Planning & Zoning Commission (P&Z) to review Title 17 O Moratorium expires in October 2018 PUBLIC HEARING ITEM 7-C P & Z REGULAR MEETING: JULY 19, 2017 Case No. 18-003 AG E N D A I T E M # 9 . B . Or d i n a n c e N o . F Y 2 0 1 8 - 0 3 A m e n d i n g T i t l e s 6 ( A n i m a l C o n t r o l ) a . . . Pa g e 1 3 4 o f 1 9 2 What’s Been Done to Date (2) O Presentation to P&Z O Public meeting #1 O Public survey O Update to P&Z PUBLIC HEARING ITEM 7-C P & Z REGULAR MEETING: JULY 19, 2017 Case No. 18-003 AG E N D A I T E M # 9 . B . Or d i n a n c e N o . F Y 2 0 1 8 - 0 3 A m e n d i n g T i t l e s 6 ( A n i m a l C o n t r o l ) a . . . Pa g e 1 3 5 o f 1 9 2 What’s Been Done to Date (3) O Meeting with Assembly members Crow and Van Daele O Drafting of ordinance O Update to the Assembly O Talk of the Rock O Public meeting #2 PUBLIC HEARING ITEM 7-C P & Z REGULAR MEETING: JULY 19, 2017 Case No. 18-003 AG E N D A I T E M # 9 . B . Or d i n a n c e N o . F Y 2 0 1 8 - 0 3 A m e n d i n g T i t l e s 6 ( A n i m a l C o n t r o l ) a . . . Pa g e 1 3 6 o f 1 9 2 Over view O What’s Been Done to Date O The Draft Ordinance O What’s Next O Public Participation O Contact Information PUBLIC HEARING ITEM 7-C P & Z REGULAR MEETING: JULY 19, 2017 Case No. 18-003 AG E N D A I T E M # 9 . B . Or d i n a n c e N o . F Y 2 0 1 8 - 0 3 A m e n d i n g T i t l e s 6 ( A n i m a l C o n t r o l ) a . . . Pa g e 1 3 7 o f 1 9 2 The Draft Ordinance (1) O Requires changes to two titles O Title 6 Animal Control O Title 17 Zoning O Staff performs Title 6 review O P&Z performs Title 17 review PUBLIC HEARING ITEM 7-C P & Z REGULAR MEETING: JULY 19, 2017 Case No. 18-003 AG E N D A I T E M # 9 . B . Or d i n a n c e N o . F Y 2 0 1 8 - 0 3 A m e n d i n g T i t l e s 6 ( A n i m a l C o n t r o l ) a . . . Pa g e 1 3 8 o f 1 9 2 The Draft Ordinance (2) Proposed Changes to Title 6 O Live traps O Annoying animals O Control of animals O Animal waste PUBLIC HEARING ITEM 7-C P & Z REGULAR MEETING: JULY 19, 2017 Case No. 18-003 AG E N D A I T E M # 9 . B . Or d i n a n c e N o . F Y 2 0 1 8 - 0 3 A m e n d i n g T i t l e s 6 ( A n i m a l C o n t r o l ) a . . . Pa g e 1 3 9 o f 1 9 2 The Draft Ordinance (3) PUBLIC HEARING ITEM 7-C P & Z REGULAR MEETING: JULY 19, 2017 Case No. 18-003 AG E N D A I T E M # 9 . B . Or d i n a n c e N o . F Y 2 0 1 8 - 0 3 A m e n d i n g T i t l e s 6 ( A n i m a l C o n t r o l ) a . . . Pa g e 1 4 0 o f 1 9 2 The Draft Ordinance (4) PUBLIC HEARING ITEM 7-C P & Z REGULAR MEETING: JULY 19, 2017 Case No. 18-003 AG E N D A I T E M # 9 . B . Or d i n a n c e N o . F Y 2 0 1 8 - 0 3 A m e n d i n g T i t l e s 6 ( A n i m a l C o n t r o l ) a . . . Pa g e 1 4 1 o f 1 9 2 The Draft Ordinance (5) PUBLIC HEARING ITEM 7-C P & Z REGULAR MEETING: JULY 19, 2017 Case No. 18-003 AG E N D A I T E M # 9 . B . Or d i n a n c e N o . F Y 2 0 1 8 - 0 3 A m e n d i n g T i t l e s 6 ( A n i m a l C o n t r o l ) a . . . Pa g e 1 4 2 o f 1 9 2 The Draft Ordinance (6) Proposed Changes to Title 17 PUBLIC HEARING ITEM 7-C P & Z REGULAR MEETING: JULY 19, 2017 Case No. 18-003 AG E N D A I T E M # 9 . B . Or d i n a n c e N o . F Y 2 0 1 8 - 0 3 A m e n d i n g T i t l e s 6 ( A n i m a l C o n t r o l ) a . . . Pa g e 1 4 3 o f 1 9 2 The Draft Ordinance (7) O New “urban agricultural activities” use for four zoning districts O RR—Rural Residential District O R1—Single-Family Residential District O R2—Two-Family Residential District O R3—Multi-family Residential District PUBLIC HEARING ITEM 7-C P & Z REGULAR MEETING: JULY 19, 2017 Case No. 18-003 AG E N D A I T E M # 9 . B . Or d i n a n c e N o . F Y 2 0 1 8 - 0 3 A m e n d i n g T i t l e s 6 ( A n i m a l C o n t r o l ) a . . . Pa g e 1 4 4 o f 1 9 2 The Draft Ordinance (8) PUBLIC HEARING ITEM 7-C P & Z REGULAR MEETING: JULY 19, 2017 Case No. 18-003 AG E N D A I T E M # 9 . B . Or d i n a n c e N o . F Y 2 0 1 8 - 0 3 A m e n d i n g T i t l e s 6 ( A n i m a l C o n t r o l ) a . . . Pa g e 1 4 5 o f 1 9 2 The Draft Ordinance (9) What the draft ordinance DOES do O Enhances existing animal control laws O Creates a new land use O Allows this new land use in four zoning districts O Allows the keeping of small farm animals in residential areas O Continues to prohibit the keeping of large farm animals, roosters, and peacocks in residential areas O Allows the keeping of sheep for 4-H activities PUBLIC HEARING ITEM 7-C P & Z REGULAR MEETING: JULY 19, 2017 Case No. 18-003 AG E N D A I T E M # 9 . B . Or d i n a n c e N o . F Y 2 0 1 8 - 0 3 A m e n d i n g T i t l e s 6 ( A n i m a l C o n t r o l ) a . . . Pa g e 1 4 6 o f 1 9 2 The Draft Ordinance (10) What the draft ordinance DOES NOT do O Disallow the keeping of farm animals in any zoning district in which they were already permitted O Allow for the keeping of large farm animals, peacocks, or roosters in urban residential (and RR) zoning districts O Regulate the number of animals allowed on any property O Regulate the location of animal enclosures on any property PUBLIC HEARING ITEM 7-C P & Z REGULAR MEETING: JULY 19, 2017 Case No. 18-003 AG E N D A I T E M # 9 . B . Or d i n a n c e N o . F Y 2 0 1 8 - 0 3 A m e n d i n g T i t l e s 6 ( A n i m a l C o n t r o l ) a . . . Pa g e 1 4 7 o f 1 9 2 Over view O What’s Been Done to Date O The Draft Ordinance O What’s Next O Public Participation O Contact Information PUBLIC HEARING ITEM 7-C P & Z REGULAR MEETING: JULY 19, 2017 Case No. 18-003 AG E N D A I T E M # 9 . B . Or d i n a n c e N o . F Y 2 0 1 8 - 0 3 A m e n d i n g T i t l e s 6 ( A n i m a l C o n t r o l ) a . . . Pa g e 1 4 8 o f 1 9 2 What’s Next O Draf t ordinance as a P&Z work session item O June 14th at 6:30 p.m. in the Borough Conference Room O P&Z will decide when item will be discussed again PUBLIC HEARING ITEM 7-C P & Z REGULAR MEETING: JULY 19, 2017 Case No. 18-003 AG E N D A I T E M # 9 . B . Or d i n a n c e N o . F Y 2 0 1 8 - 0 3 A m e n d i n g T i t l e s 6 ( A n i m a l C o n t r o l ) a . . . Pa g e 1 4 9 o f 1 9 2 Over view O What’s Been Done to Date O The Draft Ordinance O What’s Next O Public Participation O Contact Information PUBLIC HEARING ITEM 7-C P & Z REGULAR MEETING: JULY 19, 2017 Case No. 18-003 AG E N D A I T E M # 9 . B . Or d i n a n c e N o . F Y 2 0 1 8 - 0 3 A m e n d i n g T i t l e s 6 ( A n i m a l C o n t r o l ) a . . . Pa g e 1 5 0 o f 1 9 2 Public Participation O Provide written or phone comments at any time O Speak at P&Z’s June work session O Additional opportunities with P&Z and Assembly PUBLIC HEARING ITEM 7-C P & Z REGULAR MEETING: JULY 19, 2017 Case No. 18-003 AG E N D A I T E M # 9 . B . Or d i n a n c e N o . F Y 2 0 1 8 - 0 3 A m e n d i n g T i t l e s 6 ( A n i m a l C o n t r o l ) a . . . Pa g e 1 5 1 o f 1 9 2 Over view O What’s Been Done to Date O The Draft Ordinance O What’s Next O Public Participation O Contact Information PUBLIC HEARING ITEM 7-C P & Z REGULAR MEETING: JULY 19, 2017 Case No. 18-003 AG E N D A I T E M # 9 . B . Or d i n a n c e N o . F Y 2 0 1 8 - 0 3 A m e n d i n g T i t l e s 6 ( A n i m a l C o n t r o l ) a . . . Pa g e 1 5 2 o f 1 9 2 Contact Information Sara Mason, Community Development Director smason@kodiakak.us (907) 486-9360 710 Mill Bay Road, Rm 205 Kodiak, AK 99615 www.kodiakak.us https://www.facebook.com/KodiakIslandBorough PUBLIC HEARING ITEM 7-C P & Z REGULAR MEETING: JULY 19, 2017 Case No. 18-003 AG E N D A I T E M # 9 . B . Or d i n a n c e N o . F Y 2 0 1 8 - 0 3 A m e n d i n g T i t l e s 6 ( A n i m a l C o n t r o l ) a . . . Pa g e 1 5 3 o f 1 9 2 PU B L I C H E A R I N G I T E M 7 - C P & Z R E G U L A R M E E T I N G : J U L Y 1 9 , 2 0 1 7 Ca s e N o . 1 8 - 0 0 3 AG E N D A I T E M # 9 . B . Or d i n a n c e N o . F Y 2 0 1 8 - 0 3 A m e n d i n g T i t l e s 6 ( A n i m a l C o n t r o l ) a . . . Pa g e 1 5 4 o f 1 9 2 1 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 Hello. My name is Bo Whiteside. My wife and I just relocated to the island and we have purchased a home out towards spruce cape that is due to be finished next month. We will be out of town when this meeting takes place, but we're hopeful that current restrictions regarding certain animals remain and are enforced. We are fine with allowing our neighbors the ability to keep laying hens to provide them with fresh eggs. However, there are several homes scattered around town that are keeping roosters, turkeys, and even full grown hogs. They are extremely loud and disruptive. It keeps people awake and destroys any sort of tranquility there once was in the area. Please take this as our input on the matter. Laying hens are reasonable, but having loud, mini farms in town is definitely not. The flats, Monashka, etc. are the appropriate places for having a farm with these loud animals where homes are spread out versus in town where it disrupts numerous homes just so one can have these animals. Thank you. Bo & Cassandra Whiteside PUBLIC HEARING ITEM 7-C P & Z REGULAR MEETING: JULY 19, 2017 Case No. 18-003 AGENDA ITEM #9.B. Ordinance No. FY2018-03 Amending Titles 6 (Animal Control) a...Page 155 of 192 1 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 PUBLIC HEARING ITEM 7-C P & Z REGULAR MEETING: JULY 19, 2017 Case No. 18-003 AGENDA ITEM #9.B. Ordinance No. FY2018-03 Amending Titles 6 (Animal Control) a...Page 156 of 192 1 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 PUBLIC HEARING ITEM 7-C P & Z REGULAR MEETING: JULY 19, 2017 Case No. 18-003 AGENDA ITEM #9.B. Ordinance No. FY2018-03 Amending Titles 6 (Animal Control) a...Page 157 of 192 PU B L I C H E A R I N G I T E M 7 - C P & Z R E G U L A R M E E T I N G : J U L Y 1 9 , 2 0 1 7 Ca s e N o . 1 8 - 0 0 3 AG E N D A I T E M # 9 . B . Or d i n a n c e N o . F Y 2 0 1 8 - 0 3 A m e n d i n g T i t l e s 6 ( A n i m a l C o n t r o l ) a . . . Pa g e 1 5 8 o f 1 9 2 PU B L I C H E A R I N G I T E M 7 - C P & Z R E G U L A R M E E T I N G : J U L Y 1 9 , 2 0 1 7 Ca s e N o . 1 8 - 0 0 3 AG E N D A I T E M # 9 . B . Or d i n a n c e N o . F Y 2 0 1 8 - 0 3 A m e n d i n g T i t l e s 6 ( A n i m a l C o n t r o l ) a . . . Pa g e 1 5 9 o f 1 9 2 PU B L I C H E A R I N G I T E M 7 - C P & Z R E G U L A R M E E T I N G : J U L Y 1 9 , 2 0 1 7 Ca s e N o . 1 8 - 0 0 3 AG E N D A I T E M # 9 . B . Or d i n a n c e N o . F Y 2 0 1 8 - 0 3 A m e n d i n g T i t l e s 6 ( A n i m a l C o n t r o l ) a . . . Pa g e 1 6 0 o f 1 9 2 POSSIBLE AMENDMENT #1 (CDD DIRECTOR MASON) EXISTING LANGUAGE Recommended motion: Move to amend Ordinance No. FY2018-03, Lines 121 to 126 to read: AGENDA ITEM #9.B. Ordinance No. FY2018-03 Amending Titles 6 (Animal Control) a...Page 161 of 192 POSSIBLE AMENDMENT #2 (ASSEMBLY MEMBER VAN DAELE) Instead of mandating electric fencing, keep the existing language as is with the addition of two “whereases” in an attempt to highlight the importance of adequate fencing and in line 125, changing “adverse impacts” to “threats”. Recommended motion: Move to amend Ordinance No. FY2018-03 after the 9th whereas to insert the following “whereases:” And to amend line 125 to change the words “adverse impacts” to “threats” AGENDA ITEM #9.B. Ordinance No. FY2018-03 Amending Titles 6 (Animal Control) a...Page 162 of 192 1 Karen Siador Subject:FW: Comment re: proposed electric fence requirement for chickens From: Sam Booch Sent: Wednesday, September 06, 2017 1:52 PM To: kyle.crow@kibassembly.org; larry.ledoux@kibassembly.org; dave.townsend@kibassembly.org; rebecca.skinner@kibassembly.org; matthew.vandaele@kibassembly.org; dennis.symmons@kibassembly.org; scott.smiley@kibassembly.org; Clerks Subject: Comment re: proposed electric fence requirement for chickens I cannot attend the Thursday public hearing (out of town with my mom for cancer treatment) , but hopefully this comment can be considered during the hearing. _________ We have had chickens in the Flats for 28 years now, and during that time, have had a bear interact with them ONCE, three or four years ago. That bear also spent that summer breaking into people’s garages and porches to raid chest freezers, and digging up septic fields; it wasn’t a good bear led astray by chicken smells, it was a problem bear that was going to run afoul of people one way or the other. We do own a small portable electric fence, and penned up our birds in the barn while he was on the prowl…. But it wasn’t a sustainable set up, was very cramped, and was hard on our birds to not be able to utilize our full two acres and suddenly be crammed together in a living‐room sized pen. We cannot afford to pen our entire property in with electric fence, and the practical effect of being told that it is required that we do so would be that we would not have birds any more. I do not believe that birds are as big of a draw for bears in the neighborhoods as many other attractants like dog and bird food, garbage, barbecues, etc. Requiring everyone with chickens or livestock to put up electric fences would be prohibitively expensive for most people, and severely limit the amount of my property that we would be able to use for our livestock. It’s an unnecessary one‐size‐fits‐all expense that most likely won’t actually make any difference on how often bears get in trouble in the neighborhood. Perhaps it will deter a bear once every two or three decades…. But the main impact is just going to be to make chickens too expensive to keep for the vast majority of chicken enthusiasts. I think the community has made it fairly clear over the last several years of attempted chicken ordinances that we are NOT interested in the borough closing off the ability for people to keep backyard flocks, and pricing people out of it doesn’t look any different from where I’m standing than just directly prohibiting them. Please do not enact this overreaching and unnecessary ordinance. Thank you for your time, ‐Sam Booch AGENDA ITEM #9.B. Ordinance No. FY2018-03 Amending Titles 6 (Animal Control) a...Page 163 of 192 1 Karen Siador Subject:FW: Chicken ordinance From: Rachel Whiddon Sent: Thursday, September 07, 2017 2:19 PM To: Clerks Subject: Chicken ordinance We are unable to attend the borough meeting tonight to comment on the final decisions regarding the chicken ordinance and would appreciate having our email forwarded on to the appropriate people. Thanks! We live in the middle of town and have enjoyed the many benefits of chicken ownership. We have a fresh supply of eggs that we eat and share with family and friends. We carefully maintain our coop to ensure cleanliness in the spirit of being responsible neighbors. Our children learn the value of a farm to table lifestyle, and they gain incredible knowledge from observing the flock, collecting eggs, and cleaning out the coop area. Many neighborhood children enjoy watching the chickens rooting around in their fenced area, and when supervised they help collect eggs. The way our property is set up, a view of the coop is accessible from our side yard. We truly enjoy allowing other children to have a small role in our chicken-keeping efforts. Requiring an electric fence makes no sense for our property. We are concerned about the possibility of a neighborhood child being harmed. Furthermore our children are 9 and 5 years old, and we would not put up an electric fence with a younger child in the home. If electric fencing is required, it may limit the number of families able to safely continue housing chickens when taking into consideration younger children and the fear of liability if a neighborhood child or animal is harmed. There are many instances where an electric fence does make sense in more rural areas with high bear activity. Therefore we support Amendment 2 of Ordinance No. FY2018-03 which contains language in lines 47-52 and lines 121-126 that strike the appropriate balance to best fit our unique community's needs. We appreciate all the hard work and hours that have gone into writing the specific language of the chicken ordinance. We know great effort has been placed into this endeavor and trust you to make the final decisions that are right for all of the members of our community. Thank you, Ian and Rachel Whiddon AGENDA ITEM #9.B. Ordinance No. FY2018-03 Amending Titles 6 (Animal Control) a...Page 164 of 192 KODIAK ISLAND BOROUGH STAFF REPORT SEPTEMBER 7, 2017 ASSEMBLY REGULAR MEETING Kodiak Island Borough SUBJECT: Amendment No. 2 to Counseling Center Lease Agreement Extending the Current Lease Through December 31, 2017 ORIGINATOR: Meagan Christiansen RECOMMENDATION: Move to authorize the Manager to sign Amendment No. 2 to Counseling Center Lease Agreement Extending the Current Lease Through December 31, 2017 DISCUSSION: On April 6, 2017 the Assembly authorized a 90 day extension of the lease agreement with Providence Health & Services for occupation of the Borough owned building space known as the Counseling Center. Borough and Providence staff have been unable to meet for discussion of facility needs and terms for a new lease agreement and respectfully request a further extension of the existing lease through December 31, 2017. ALTERNATIVES: Take no action FISCAL IMPACT: $0 OTHER INFORMATION: AGENDA ITEM #A.1. Amendment No. 2 to Counseling Center Lease Agreement Extendi...Page 165 of 192 1 THIS AMENDMENT NO. 2 TO LEASE AGREEMENT (“Amendment”) is entered into as of April 21, 2017, by and between Providence Health & Services-Washington (formerly known as Sisters of Providence in Washington and Providence Health System-Washington) dba Providence Kodiak Island Counseling Center (“Providence”), and Kodiak Island Borough (“Landlord”). Providence and Landlord are sometimes referred to in this Amendment as a “Party” or, collectively, as the “Parties.” RECITALS A.Providence and Landlord entered into that certain Lease Agreement dated January 2, 1998, and amended April 21, 2017 (“Lease”) pursuant to which Providence leased certain space from Landlord. Providence uses that space to operate Providence Kodiak Island Counseling Center (PKICC). B.The parties recently extended that certain lease for PKICC to complete negotiating a new lease for Providence Kodiak Island Medical Center (PKIMC). The parties have recently completed negotiating a new lease agreement for PKIMC and now wish to begin negotiations on a new lease for PKICC. C.The Parties wish to extend the term of the existing PKICC lease until the end of 2017 to allow time to negotiate a new lease for PKICC. D.The parties anticipate signing new lease for PKICC prior to the end of 2017. AMENDMENT THE PARTIES AGREE AS FOLLOWS: 1.Extension of Term. Subject to the Parties’ respective termination rights as set forth in the Lease, the term of the Lease is hereby extended through December 31, 2017. 2.Capitalized Terms. All capitalized terms in this Amendment shall have the same meaning given to such terms in the Lease unless otherwise specified in this Amendment. 3.Continuation of Lease. Except as specifically amended pursuant to the foregoing, the Lease shall continue in full force and effect in accordance with the terms in existence as of the date of this Amendment. After the date of this Amendment, any reference to the Lease shall mean the Lease as amended by this Amendment. The Parties have executed this Amendment on the date first above written. PROVIDENCE Providence Health & Services - Washington dba Providence Kodiak Island Medical Center _______________________________________ By Bruce Lamoureux Its SVP and Alaska Region Chief Executive LANDLORD AGENDA ITEM #A.1. Amendment No. 2 to Counseling Center Lease Agreement Extendi...Page 166 of 192 2 LANDLORD Kodiak Island Borough _______________________________________ By Michael Powers Its Manager AGENDA ITEM #A.1. Amendment No. 2 to Counseling Center Lease Agreement Extendi...Page 167 of 192 1 THIS AMENDMENT NO. 2 TO LEASE AGREEMENT (“Amendment”) is entered into as of April 21, 2017, by and between Providence Health & Services-Washington (formerly known as Sisters of Providence in Washington and Providence Health System-Washington) dba Providence Kodiak Island Counseling Center (“Providence”), and Kodiak Island Borough (“Landlord”). Providence and Landlord are sometimes referred to in this Amendment as a “Party” or, collectively, as the “Parties.” RECITALS A. Providence and Landlord entered into that certain Lease Agreement dated January 2, 1998, and amended April 21, 2017 (“Lease”) pursuant to which Providence leased certain space from Landlord. Providence uses that space to operate Providence Kodiak Island Counseling Center (PKICC). B. The parties recently extended that certain lease for PKICC to complete negotiating a new lease for Providence Kodiak Island Medical Center (PKIMC). The parties have recently completed negotiating a new lease agreement for PKIMC and now wish to begin negotiations on a new lease for PKICC. C. The Parties wish to extend the term of the existing PKICC lease until the end of 2017 to allow time to negotiate a new lease for PKICC. D. The parties anticipate signing new lease for PKICC prior to the end of 2017. AMENDMENT THE PARTIES AGREE AS FOLLOWS: 1. Extension of Term. Subject to the Parties’ respective termination rights as set forth in the Lease, the term of the Lease is hereby extended through December 31, 2017. 2. Capitalized Terms. All capitalized terms in this Amendment shall have the same meaning given to such terms in the Lease unless otherwise specified in this Amendment. 3. Continuation of Lease. Except as specifically amended pursuant to the foregoing, the Lease shall continue in full force and effect in accordance with the terms in existence as of the date of this Amendment. After the date of this Amendment, any reference to the Lease shall mean the Lease as amended by this Amendment. The Parties have executed this Amendment on the date first above written. PROVIDENCE Providence Health & Services - Washington dba Providence Kodiak Island Medical Center ______________________________________ By Bruce Lamoureux Its SVP and Alaska Region Chief Executive LANDLORD AGENDA ITEM #A.1. Amendment No. 2 to Counseling Center Lease Agreement Extendi...Page 168 of 192 2 LANDLORD Kodiak Island Borough ______________________________________ By Michael Powers Its Manager AGENDA ITEM #A.1. Amendment No. 2 to Counseling Center Lease Agreement Extendi...Page 169 of 192 KODIAK ISLAND BOROUGH STAFF REPORT SEPTEMBER 7, 2017 ASSEMBLY REGULAR MEETING Kodiak Island Borough SUBJECT: Resolution No. FY2018-11 Approving FY18 Kodiak Island Borough Non-Profit Funding ORIGINATOR: Meagan Christiansen RECOMMENDATION: Move to approve Resolution No. FY2018-11 DISCUSSION: The Assembly appropriated $40,000 in the FY18 budget for small competitive grants to non- profit organizations. This resolution distributes non-profit funding according to the August 31, 2017 work session discussion. ALTERNATIVES: FISCAL IMPACT: $40,000 plus space rent equivalent for office space to American Red Cross and Kodiak Teen Court OTHER INFORMATION: AGENDA ITEM #B.1. Resolution No. FY2018-11 Approving FY18 Kodiak Island Boroug...Page 170 of 192 Kodiak Island Borough, Alaska Resolution No. FY2018-11 Page 1 of 3 Introduced by: Borough Manager 1 Requested by: Borough Assembly 2 Drafted by: Special Projects Support 3 Introduced on: 09/07/2017 4 Adopted on: 5 6 KODIAK ISLAND BOROUGH 7 RESOLUTION NO. FY2018-11 8 9 A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH ASSEMBLY 10 APPROVING FISCAL YEAR 2018 KODIAK ISLAND BOROUGH ASSEMBLY NON-PROFIT 11 FUNDING 12 13 WHEREAS, the Kodiak Island Borough is fortunate to enjoy the efforts of many 14 benevolent non-profit organizations that provide services that enrich our lives; and 15 16 WHEREAS, Kodiak Area charitable non-profit organizations provide humanitarian 17 services that many of our community members rely upon; and 18 19 WHEREAS, these organizations provide expanded education, cultural, and health 20 services that cannot be provided through the ordinary governmental budget; and 21 22 WHEREAS, these organizations expand the services that can be provided, with limited 23 funds, through the utilization of volunteers; and 24 25 WHEREAS, these organizations all fit within the adopted powers of the Kodiak Island 26 Borough; and 27 28 WHEREAS, the Kodiak Island Borough Assembly appropriated $40,000 in FY2018 for 29 small competitive grants; and 30 31 WHEREAS, twelve applications were received; 10 organizations will be awarded an 32 amount up to $5,000 each and 2 organizations will be awarded the cost of their space 33 rents; and 34 35 NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK 36 ISLAND BOROUGH that the Kodiak Island Borough contributions to non-profits will be 37 allocated per the attached spreadsheet. 38 39 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 40 THIS __________ DAY OF _______________, 2017. 41 42 KODIAK ISLAND BOROUGH ATTEST: 43 44 45 ___________________________ ___________________________ 46 AGENDA ITEM #B.1. Resolution No. FY2018-11 Approving FY18 Kodiak Island Boroug...Page 171 of 192 Kodiak Island Borough, Alaska Resolution No. FY2018-11 Page 2 of 3 Daniel A. Rohrer, Mayor Nova M. Javier, MMC, Clerk 47 48 VOTES: 49 Ayes: 50 Noes: 51 52 53 AGENDA ITEM #B.1. Resolution No. FY2018-11 Approving FY18 Kodiak Island Boroug...Page 172 of 192 Kodiak Island Borough, Alaska Resolution No. FY2018-11 Page 3 of 3 54 AGENDA ITEM #B.1. Resolution No. FY2018-11 Approving FY18 Kodiak Island Boroug...Page 173 of 192 KODIAK ISLAND BOROUGH STAFF REPORT SEPTEMBER 21, 2017 ASSEMBLY REGULAR MEETING Kodiak Island Borough SUBJECT: Ordinance No. FY2018-04B Amending KIBC Title 3 Revenue And Finance, Chapter 3.80 Excise Tax on Cigarettes And Other Tobacco Products, By Adding Subsection 3.80.010C Authority; And By Moving Sections 3.80.050 to 3.80.070 To Title 5, Business Licenses And Regulations, Creating Chapter 5.03 Tobacco Licenses ORIGINATOR: Dora Cross RECOMMENDATION: Move to adopt Ordinance No. FY2018-04B. DISCUSSION: Upon further review of the ordinance, the following changes are being recommend: 1) add section 3.80.010C Authority which was inadvertently left out of the original ordinance. 2) create a new chapter, 5.03 Tobacco Licenses in Title 5: Business Licenses & Regulations 3) move the sections regarding licensing, section 3.80.50 and 3.80.060, from Title 3 Revenue and Finance to Title 5, Chapter 5.03 Tobacco Licenses 4) create a copy of section 3.070 Refund of Tax or License Fee and include it under Chapter 5.03 Tobacco Licenses as section 5.03.030. ALTERNATIVES: 1. Take no action 2. Amend ordinance further FISCAL IMPACT: none OTHER INFORMATION: AGENDA ITEM #C.1. *Ordinance No. FY2018-04B Amending KIBC Title 3 Revenue And ...Page 174 of 192 Kodiak Island Borough, Alaska Ordinance No. FY2018-04B Deletion – Red, Strikeout Page 1 of 4 Insertion – Bold, Blue, Underlined Version 1 Introduced by: Borough Manager 1 Drafted by: Assessing and Finance Director 2 Introduced on: 09/07/2017 3 Public Hearing Date: 09/21/2017 4 Adopted on: 5 6 KODIAK ISLAND BOROUGH 7 ORDINANCE NO. FY2018-04B 8 9 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMEND ING 10 TITLE 3 REVENUE AND FINANCE CHAPTER 3.80 EXCISE TAX ON CIGARETTES AND 11 OTHER TOBACCO PRODUCTS BY MOVING LICENSING SECTIONS IN TITLE 5 BUSINESS 12 LICENSES AND TO ALLOW ADDITIONAL LANGUAGE CLEAN UP IN THE ORDINANCE 13 14 WHEREAS, on September 3, 2017, the Kodiak Island Borough Assembly adopted Ordinance 15 No. FY2018-04 which established Chapter 3.80 Excise Tax on Cigarettes and Other Tobacco 16 Products; and 17 18 WHEREAS, Section 3.80.010C Authority was inadvertently left out from the ordinance is here 19 by incorporated through this amendment; and 20 21 WHEREAS, upon further review of the ordinance, it is more appropriate to move the licensure 22 sections under Title 5. 23 24 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 25 BOROUGH THAT: 26 27 Section 1: Classification. This ordinance is of a general and permanent nature and shall 28 become a part of the Kodiak Island Borough Code of Ordinances. 29 30 Section 2: Enactment. Title 3 of the Kodiak Island Borough Code of Ordinances is amended by 31 moving sections 3.80.050 to 3.80.060 under Title 5 and thereby creating Chapter 5.03 Tobacco 32 Licenses; and upon adoption, the subsequent sections will be renumbered accordingly: 33 34 Chapter 3.80 35 EXCISE TAX ON CIGARETTES AND OTHER TOBACCO PRODUCTS 36 37 Sections: 38 39 3.80.010 Applicability, purpose and authority 40 3.80.020 Definitions 41 3.80.030 Excise tax on cigarettes and other tobacco products. 42 3.80.040 Exemptions. 43 3.80.050 License required for dealers in cigarettes or tobacco products; issuance. 44 3.80.060 Display of license; suspension or revocation by borough; surrender. 45 3.80.070 Refund of tax or license fee 46 AGENDA ITEM #C.1. *Ordinance No. FY2018-04B Amending KIBC Title 3 Revenue And ...Page 175 of 192 Kodiak Island Borough, Alaska Ordinance No. FY2018-04 Deletion – Red, Strikeout Page 2 of 4 Insertion – Bold, Blue, Underlined 47 3.80.010 Applicability, purpose and intent. 48 A. Applicability. Unless otherwise expressly provided, this chapter shall apply areawide to all 49 cigarettes and tobacco products brought into or acquired in the borough, including smokeless 50 tobacco products and electronic cigarettes. 51 52 B. Purpose and intent. It is the purpose and intent of this chapter to provide for the levy, 53 collection and enforcement of the excise tax from the distributor who brings cigarettes or other 54 tobacco products into the Borough. The excise tax is levied when a distributor brings, or causes 55 to be brought, cigarettes or other tobacco products into the Borough from outside the Borough 56 for sale. 57 58 C. Authority. This chapter and the regulations related to tobacco herein are adopted 59 pursuant to the authority granted by AS 29.35.10. 60 61 3.80.070 Refund of tax or license fee. 62 A. The department shall not refund the license fee taxes paid pursuant to this chapter upon the 63 surrender or revocation of a license after the beginning of the license year. Upon application, 64 the department will refund a license fee tax that is paid or collected in error. 65 66 B. If a remittance by a licensee exceeds the amount due, and the department, on audit of the 67 account in question, is satisfied that this is the case, the department shall, upon written request 68 of the licensee, refund the excess to the licensee without interest. 69 70 C. Any claim for refund filed more than one year after the due date of the tax is forever barred. 71 72 Section 3: Enactment. Title 5 Business and Licenses and Regulations is hereby amended by 73 creation of Chapter 5.03 Tobacco Licenses as reflected below: 74 75 5.03.010 License required for dealers in cigarettes or tobacco products; issuance 76 Borough license for tobacco businesses – issuance, denial, renewal, and transfer. 77 A. License required. No person may sell, purchase, possess or acquire cigarettes or 78 tobacco products in the borough as a manufacturer, distributor, direct-buying retailer, 79 vending machine operator or buyer without a license issued under this chapter. 80 81 B. Issuance of license. The department, upon application and payment of the fee, shall 82 issue a license to each manufacturer, distributor, direct-buying retailer, vending machine 83 operator or buyer. A copy of the applicant’s current State of Alaska business license is 84 required and must accompany the application. The application must include the 85 following information: 86 87 1. The applicant’s name and address; 88 89 2. The name under which the cigarette or tobacco products business will be conducted; 90 91 3. The applicant’s cigarette or tobacco products business categories as a manufacturer, 92 distributor, direct-buying retailer, vending machine operator or buyer; 93 94 4. In the case of a vending machine operator, the number of vending machines which 95 will be operated; and 96 AGENDA ITEM #C.1. *Ordinance No. FY2018-04B Amending KIBC Title 3 Revenue And ...Page 176 of 192 Kodiak Island Borough, Alaska Ordinance No. FY2018-04 Deletion – Red, Strikeout Page 3 of 4 Insertion – Bold, Blue, Underlined 97 5. Other information required by the department’s application form. 98 99 C. Denial of license. The department may refuse to issue a license if there is reasonable 100 cause to believe that the applicant has willfully withheld information that the borough 101 has requested to determine the applicant’s eligibility to receive a license, or if there is 102 reasonable cause to believe that information submitted in the application is false or 103 misleading, and has not been made in good faith. 104 105 D. Other licensing requirements. A license required by this chapter is in addition to any 106 other license required by law. 107 108 E. Contents of license. A license issued under this chapter shall include: 109 110 1. The name and address of the licensee; 111 112 2. The type of business to be conducted; 113 114 3. The address at which the business is conducted; and 115 116 4. The years for which the license is issued. 117 118 F. Application fee. Each application for a license under this section must be 119 accompanied by a license fee in the amount of $100.00. 120 121 G. Expiration and renewal of license. A license issued under this chapter expires on 122 December 31st of each respective year. A licensee, on application to the department 123 accompanied by the renewal fee, may, before the expiration of the license, renew the 124 license for two years from the expiration date of the license. If the licensee moves the 125 business to another location within the borough, the licensee shall, upon application to 126 the department, be reissued a license for the new location for the balance of the 127 unexpired term. A person whose license is lost, stolen or defaced shall immediately file 128 an application with the department for reissuance of the license for the balance of the 129 unexpired term. 130 131 H. Transfer of license. A license issued under this chapter is not assignable or 132 transferable. However, in the case of death, bankruptcy, receivership on incompetency of 133 the licensee, or if the business of the licensee is transferred to another person by 134 operation of law, the department may in its discretion extend the license for a limited 135 time to the executor, administrator, trustee or receiver, or the transferee of the licensee 136 137 5.03.020 Display of license; suspension or revocation by borough; surrender. 138 A. A license issued under this chapter must be prominently displayed at the licensee’s 139 place of business. 140 141 B. The department may suspend or revoke a license issued under this chapter: 142 143 1. For violation of this chapter or a regulation of the borough adopted pursuant to this 144 chapter; or 145 146 2. If a licensee ceases to act in the capacity for which the license was issued. 147 148 C. A licensee shall surrender a license to the borough within ten days after: 149 AGENDA ITEM #C.1. *Ordinance No. FY2018-04B Amending KIBC Title 3 Revenue And ...Page 177 of 192 Kodiak Island Borough, Alaska Ordinance No. FY2018-04 Deletion – Red, Strikeout Page 4 of 4 Insertion – Bold, Blue, Underlined 150 1. A revocation of a license; 151 152 2. A cessation of business; 153 154 3. A change of ownership of; or 155 156 4. A change of a place of business. 157 158 D. No person whose license is suspended or revoked shall sell cigarettes or tobacco 159 products or permit cigarettes or tobacco products to be sold during the period of the 160 suspension or revocation on the premises occupied or controlled by that person. No 161 disciplinary proceeding or action is barred or abated by the expiration, transfer, 162 surrender, renewal or extension of a license issued under this chapter. 163 164 5.03.030 Refund of license fee. 165 A. The department shall not refund the license fee paid pursuant to this chapter upon 166 the surrender or revocation of a license after the beginning of the license year. Upon 167 application, the department will refund a license fee that is paid or collected in error. 168 169 B. If a remittance by a licensee exceeds the amount due, and the department, on audit of 170 the account in question, is satisfied that this is the case, the department shall, upon 171 written request of the licensee, refund the excess to the licensee without interest. 172 173 C. Any claim for refund filed more than one year after the due date of the tax is forever 174 barred. 175 176 Section 4: Effective Date. This ordinance shall take effect October 1, 2017. 177 178 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 179 THIS __________ DAY OF _________________, 2017. 180 181 KODIAK ISLAND BOROUGH ATTEST: 182 183 184 ___________________________ ___________________________ 185 Daniel A. Rohrer, Mayor Nova M. 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Emqmom _u:U=o =mm_._:u<2:.5 .65 58..0:=5 mmmanm.Qmnmzm no==:o:.mmam3..um:mB_no3=.¢:»m man*0.‘223m 33 mam mn=mn:_mn 3.. _..EU=o.523. xoamx_m_m:amo_.o:m:>mmm3_u_<0cEm__:mm mmEm_...&m..3.B3 m o_._._Nmzm.oO_<=<=.u.z._.w .._.=omomam_=:=m..._3 =.=.om_.=_::8m _um_.2.3.33 mmma_u:o:m::_.:cm:_.oom__m ._.o__Ida _m4-mmm.$~-m~o~. _...rm>mm >zzoczomu AG E N D A I T E M # C . 1 . Pa g e 1 8 6 o f 1 9 2 AG E N D A I T E M # C . 1 . Pa g e 1 8 7 o f 1 9 2 AG E N D A I T E M # C . 1 . Pa g e 1 8 8 o f 1 9 2 MVBY:BY:(W : \/U I SECOND:SECON D: SECOND:W SECOND: Mr.Crow Mr.Crow Mr.Crow Mr.Crow Mr.LeDoux \/Mr.LeDoux Mr.LeDoux Mr.LeDoux Mr.LeDoux 4 Ms.Skinner /Ms.Skinner Ms.Skinner Ms.Skinner Ms.Skinner \/1 Mr.Smiley /‘Mr.Smiley Mr.Smiley Mr.Smiley Mr.Smiley Mr.Symmons ‘/Mr.Symmons Mr.Symmons Mr.Symmons Mr.Symmons“ Mr.Townsend \/Mr.Townsend Mr.Townsend Mr.Townsend Mr.Townsend Mr.Van Daele \/Mr.Van Daele Mr.Van Daele Mr.Van Daele Mr.Van Daele ‘/ TOTAL:TOTAL:TOTAL:TOTAL:TOTAL:La ' The mayor may not vote except in the case where only six members of the assembly are present and there is a threelthree tie vote of the assembly._ ‘/Mayor Rohrer Mayor Rohrer Mayor Rohrer Mayor Rohrer YESNO YESNO YESNO Motions required for 2/3 vote to carry.7 present requires 5;6 present requires 4;5 present requires 4;4 present requires 3 Reconsideration on the same day,suspension of rules,limit of extend debate.previous question Majority vote is majority of the membership (quorum).Poin Order and Recess. YES KODIAKISLAND BOROUGH ASSEMBLY ROLL CALL SHEET Regular Special Date: Convened:Recessed:Reconvened:Adjourned: BY: TO CHANGETHEIR VOTE’?WOULD ANYONE LIKETO CHANGE THEIR VOTE’AG E N D A I T E M # C . 1 . Pa g e 1 8 9 o f 1 9 2 BY:BY:W ‘Q BY: 4 BY: SECOND:SECOND:SECOND:SECOND:_ $1,:iv“W”M k?tt?W”ck orikm?? ljglr.ow Mr w .w row r.Le oux 9,Mr.LeDoux up /Mr.LeDoux Mr.LeDoux |/Mr.LeDoux Ms.Skinner Ms.Skinner /Ms.Skinner _Ms.Skinner /Ms.Skinner Mr.Smiley Mr.Smiley .Mr.Smiley \/Mr.Smiley gr \/Mr.Smiley Mr.Symmons Mr.Symmons \/Mr.Symmons Mr.Symmonsw\/Mr.Symmons Mr.Townsend Mr.Townsend \/Mr.Townsend V Mr.Townsend |/Mr.Townsend?y Mr.Van Daele Mr.Van Daele \/Mr.Van Daele V Mr.Van Daele Mr.Van Daele TOTAL:TOTAL:TOTAL:, TOTAL:~&L TOTAL: Mayor Rohrer Mayor Rohrer Mayor Rohrer Mayor Rohrer YESNO YESNO YESNO YESNO Motions required for 2/3 vote to carry.7 present requires 5;6 present requires 4;5 present requires 4;4 present requires 3 Reconsideration on the same day,suspension of rules,limitof extend debate,previous question Majority vote is majority of the membership (quorum).Point of Order and Recess. YES WOULD ANYONE LIKETO C ANGE THEIR VOTE?WOULD ANYONE LIKETO CHANGE TH IR VOTE? The mayor may not vote except in the case where only six members of the assembly are present and there is a threelthree tie vote of the assembly. KODIAKISLAND BOROUGH ASSEMBLY ROLL CALL SHEET Date: Convene :Recessed:Reconvened:Adjourned: BY: AG E N D A I T E M # C . 1 . Pa g e 1 9 0 o f 1 9 2 BY:55 BY:BY:BY:M BY:W sEcoNo:N\SECOND:SECOND:SECOND:Ur SECOND: ck .4\‘M \/W3 €F\ir3*”[g~R Q Q0\*x (A 9:9 NWMJ 1 WN-\Mx\;¥§\T)WM r r M Cr r.Cro .ro Mr.LeDoux Mr.LeDoux Mr.LeDoux )I /‘Mr.LeDoux M Mr.LeDoux Ms.Skinner Ms.Skinner Ms.Skinner \/Ms.Skinner W»!/Ms.Skinner Mr.Smiley Mr.Smiley Mr.Smiley V Mr.Smiley /Mr.Smiley Mr.Symmons Mr.Symmons r.Symmons \/Mr.Symmons _/Mr.Symmons Mr.Townsen Mr.Townsend Mr.Townsend V Mr.Townsend \/Mr.Townsend Mr.Van Daele Mr.Van Dael Mr.Van Daele V’Mr.Van Daele Mr.Van Daele TOTAL:TOTAL:TOTAL:TOTAL:‘TOTAL: Mayor Rohrer Mayor Rohrer Mayor Rohrer Mayor Rohrer YESMO YESNO YESNO -Motions required for 2/3 vote to carry.7 present requires 5;6 present requires 4;5 pres Reconsideration on the same day,suspension of rules,limitof extend debate,previous question -Majority vote is majority of the membership (quorum).Point of Order and Recess. WOULD ANYONE LIKETO CHA E THEIR VOTE?WOULD ANYONE LIKETO CHANGE T [R VOTE’? The mayor may not vote except in the case wh only six members of the assembly are present and there is a threelthree tie vote of the assembly. KODIAK ISLAND BOROU ASSEMBLY ROLL CALL SHEET Date: Convened:Recessed:Reconvened:Adjourned: 00?/07_Q YESNO ent requires 4;4 present requires 3 YES Regular Special AG E N D A I T E M # C . 1 . Pa g e 1 9 1 o f 1 9 2 _AOU_>_A _m_.>zo womocm: mmmc_.>m _smm:zo _»mnc_m«_<_mm=:non <05 :m3m _u_mmmm :m3m mas>331 SR: ?psr <>_LUEV \§ «S F55 3oecmm,Q<<. ?v/BE1 W523 _ S N... -I AG E N D A I T E M # C . 1 . Pa g e 1 9 2 o f 1 9 2 Kodiak Island Borough Assembly Newsletter Vol. FY2018, No. 6 September 08, 2017 At Its Regular Meeting Of September 07, 2017, The Kodiak Island Borough Assembly Took The Following Actions. The Next Regular Meeting Of The Borough Assembly Is Scheduled On Thursday, September 21, 2017, At 6:30 p.m. In The Borough Assembly Chambers. AMENDED, ADOPTED 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. POSTPONED AND ADVANCED Ordinance No. FY2018-02 Amending Title 17 KIBC (Zoning) By Adding Chapter 17.77 KIBC (RSL-Residential Small Lot Single-Family District) To Public Hearing At The Next Regular Meeting Of The Assembly. APPROVED Amendment No. 2 To Counseling Center Lease Agreement Extending the Current Lease Through December 31, 2017. ADOPTED Resolution No. FY2018-11 Approving FY18 Kodiak Island Borough Non-Profit Funding. ADVANCED Ordinance No. FY2018-04B Amending KIBC Title 3 Revenue And Finance, Chapter 3.80 Excise Tax on Cigarettes And Other Tobacco Products, By Adding Subsection 3.80.010C Authority; And By Moving Sections 3.80.050 to 3.80.070 To Title 5, Business Licenses And Regulations, Creating Chapter 5.03 Tobacco Licenses To The Next Regular Meeting Of The Assembly. View our website: www.kodiakak.us Visit our Facebook page: www.facebook.com/KodiakIslandBorough Follow us on Twitter: @KodiakBorough