2017-09-13 Joint Work Session
CITY COUNCIL - BOROUGH ASSEMBLY
JOINT WORK SESSION AGENDA
Wednesday, September 13, 2017
School District Conference Room
7:30 p.m.
(Borough Chairing)
Joint work sessions are informal meetings of the Borough Assembly and City Council
where elected officials discuss issues that affect both Borough and City governments
and residents. Although additional items not listed on the joint work session agenda
are sometimes discussed when introduced by elected officials, staff, or members of
the public, no formal action is taken at joint work sessions and items that require
formal action are placed on a regular Borough Assembly and/or City Council meeting
agenda. Public comments at work sessions are NOT considered part of the official
record. Public comments intended for the “official record” should be made at a regular
Borough Assembly or City Council meeting.
Page
1. Public Comments
2. Agenda Items
A.
Alaska Marine Highway System Reform Project - Robert
Venables
2 - 5
B.
Introduction And A Brief Report From Mr. Michael Brady, Kodiak
Wildlife Refuge Manager
Borough report 2017 Fall (1)
6 - 8
C.
Kodiak Salmon Work Group Report And Letter of Support
Request
DRAFT KFWG letter supporting salmon stakeholders 4
9 - 21
D.
Accessory Dwelling Units And Small Lots Subdivision Update
FY2017-21 ADUS
Ordinance No. FY2018-02 Smaller Lots
E.
City of Kodiak Marijuana Update
3. NEXT MEETING SCHEDULE
• Cancellation of October 18 and December 20 JWS
• Schedule a JWS on November 1, 8, or 29
4. Future Discussion Items
A.
KFDA Update - Linda Freed
Page 1 of 21
Kodiak Refuge 2017 Community Report
The Kodiak National Wildlife Refuge would like to thank the Kodiak communities for their
involvement and support in 2017. This report highlights public engagement, partnerships, and
biological monitoring of public lands and resources.
In the Community
Traveling Visitor Center
A May visit to Old Harbor included
tours of the Refuge research vessel,
Ursa Major II, visits to the school and
a tour of the village, and awards to
6 students for their submission of
migratory bird artwork to a statewide
calendar contest.
Migratory Bird Outreach
Outreach and Law Enforcement staff
coordinated with the Sun’aq Tribe of
Kodiak to provide information to the
public about migratory bird subsistence
harvest and the 2017 change in
regulations that opened subsistence
harvest of Emperor Geese for the first
time in 30 years.
Bear Safety Education
Refuge staff partnered with the
Kodiak Brown Bear Trust, Kodiak
Island Borough School District, Alaska
Department of Fish and Game, and the
US Coast Guard to support a variety of
bear safety education through PSAs,
trainings, and outreach.
On August 19, a community celebration at the Refuge Visitor Center welcomed
a new bronze bear sculpture. A symbol for residents, the Kodiak brown bear
represents a rich history of human connection to willdife. For the past two years,
a team led by the Kodiak Brown Bear Trust has worked to bring this symbol to
downtown Kodiak as permanent public art and Island icon. This successful project
reflects the spirit of collaboration for conservation and management of bears and
their habitat, and continues the legacy of a much-loved bear statue that honored
Charles Madsen, early bear guide and champion of the Emerald Isle.
Kodiak Community Bear
Sculpture Unveiling
AGENDA ITEM #2.B.
Introduction And A Brief Report From Mr. Michael Brady, Kodi...
Page 2 of 21
Salmon Camp
In total, the Refuge held seven sessions of this popular week-long science
day camp on the Kodiak road system, and visited Akhiok, Ouzinkie, Karluk,
Larsen Bay, Old Harbor and Port Lions for multi-day open camps. A big thank
you to the Kodiak Island Borough School District for use of schools in Karluk
and Akhiok this summer for locations for Salmon Camp! This partnership
allows us to provide free camps in our Kodiak island communities. Salmon
Camp also receives support from Alaska Geographic and the Prince William
Sound Regional Citizens’ Advisory Council. Local organizations like the
Kodiak Regional Aquaculture Association, Sun’aq Tribe of Kodiak, and Alaska
Department of Fish and Game are valuable education partners.
100 people attended a free Salmon Camp “pop-up” session during a summer lunch program at
the High School. Teenagers from the Refuge Youth Conservation Corps and the Refuge Youth
Leadership volunteer program led eight sessions, including lessons on the Exxon Valdez oil spill
and oil spill clean up, owl adaptations and owl pellet dissection, bear scat and bear safety, and a
recycling relay. Special thanks to Lori Siebe with KIBSD, Prince William Sound Regional Citizens'
Advisory Council, and Threshold Recycling.
Youth Conservation Corps Summer Employment
Kodiak Refuge Youth Conservation Corps employed 4 local teens for the
summer, exposing them to different career paths and engaging them across
Refuge programs. They assisted with cabin and site maintenance, and also
partnered with Kodiak State Parks to improve trails on Shuyak Island. They
also led public outreach in town, through a nature photography lesson for
a USCG youth outdoor program on the Termination Point trail and a nature
journal art walk show with the Kodiak Arts Council.
Education
Visitor Center Education Programs: Families Understanding Nature: 55 programs with 1628 participants, Happy Trails:
11 programs with 172 participants, Wildlife Investigation Learning & Discovery: 11 programs with 221 participants; 11
special programs with 434 participants. School Program Visits: 24 visits with 410 students served.
AGENDA ITEM #2.B.
Introduction And A Brief Report From Mr. Michael Brady, Kodi...
Page 3 of 21
Visitor Center, Public Use, Permits, & Volunteers
More than 23,000 people enjoyed the Visitor Center.
Two seasonal park rangers and one Student Conservation
Association intern provided interpretation and education
programs throughout the summer, 7 days a week. Winter
staffing included one intern and volunteer assistance, with
family education programs offered throughout the year.
Staff and volunteers greeted 17 cruise ships and served ferry
passengers year-round.
We partner with Alaska Geographic, a non-profit bookstore, and
employ a local bookstore manager part-time.
Nearly 300 people visited Refuge Public Use Cabins.
The Refuge completed a 2-year social science study in
cooperation with Utah State University to assess the quality
of current bear viewing access and opportunity. The
study included interviews with a cross-section of community
stakeholders and a survey of visitors. 93% of survey
respondents reported that their trip met or exceeded their
expectations and positive changes in attitude and knowledge
of bears, bear habitat, and bear conservation. Results from this
study will help the Refuge update a Visitor Use Management
Plan. A summary report is online: https://www.fws.gov/refuge/
Kodiak/what_we_do/science/social_science.html
Guides with Special Use Permits for wildlife viewing, sport
fish guiding, big game guiding, and air taxi served more than
2,300 clients.
In July, Refuge staff visited 21 of 25 permitted set net sites
within Refuge boundaries, using the opportunity to engage with
commercial fishermen and discuss concerns.
In August, the Refuge completed required permits to allow
Kodiak Electric Association to construct a 1.2 mile tunnel
from Upper Hidden Basin Creek to Terror Lake to supplement
waters for hydroelectric power, increasing capacity by 33
gigawatts from current 161 gigawatts of generation.
45 people donated 5332 hours as volunteers to Refuge
operations and programs, valued at $148,229 and the equivalent
of 2.5 FTE positions.
More than half of our volunteers were youth.
AGENDA ITEM #2.B.
Introduction And A Brief Report From Mr. Michael Brady, Kodi...
Page 4 of 21
Science: Monitoring & Research
Science: Public Engagement
Engaging citizens with scientific research, monitoring, and management
• 8th year of Monitoring Avian Productivity and Survivorship: citizen science partnership
with Audubon Society and Kodiak College. Banded 173 new songbirds on the Buskin
River site and recaptured 24 birds banded during previous years. Data used by Institute
for Bird Populations to track large-scale trends. 20 local volunteers participated.
• Berry monitoring “Field Day” with stakeholders and partners to demonstrate methods.
• Staff presented to local organizations: KUBS, Kodiak Rural Advisory Committee
Kodiak National
Wildlife Refuge was
established August 19,
1941 and is managed
by the U.S. Fish and
Wildlife Service.
The mission of the
National Wildlife
Refuge System is:
To administer a
national network
of lands and waters
for the conservation,
management, and
where appropriate,
restoration of the fish,
wildlife, and plant
resources and their
habitats within the
United States for the
benefit of present and
future generations of
Americans.
Wildlife & Habitat Surveys
• Seabird colonies: In 2017, a total of 121,000 seabirds were surveyed at 150 of 180
(80%) of the colony sites in the vicinity of Kodiak Island. Surveys occur every 7-8 years.
Biologists observed that 2017 was a poor summer for nesting gulls and terns; almost
no young chicks recorded during either June or August surveys.
• Research vessel and staff also supported National Park Service seabird colony
surveys along the Katmai coastline.
• In collaboration with ADF&G, we annually survey brown bear in late May to monitor
trends in population size in different regions of Kodiak Island. In 2017, we conducted
aerial surveys for a 122 square-mile area between Sturgeon River, Akalura Lake,
and west Frazer Lake, and estimated a density of 190 independent bears (adults &
subadults)/1000 km2 for an actual total of 60 independent bears in the area.
• The Refuge annually surveys brown bear population composition and habitat
use along selected streams of southwest Kodiak Island using weekly aerial flights
from July-August. We completed 18 surveys this summer and counted more bears/
survey in 2017 (66 bears/survey) than in the recent past of 43 bears/survey (2008 -
2015), but less than the long-term number of 85 bears/survey (1985-2005). Family
groups made up 41% of the sightings in 2017. The long-term average is 25%.
• We continued to monitor bear use along three streams in the Karluk Lake basin using
automated timelapse cameras.
• We counted adult sockeye salmon returning to Akalura Lake for a third consecutive
year. Monitoring was initiated on July 6 and will conclude September 30.
• The Refuge and ADF&G collaborate on mountain goat monitoring and research. In
2017, annual monitoring of herd composition and distribution was conducted between
late July and mid-August using aerial surveys.
• The Refuge implemented annual monitoring of the berry availability to brown
bear following conclusion of applied research of methods in 2015-2016. Preliminary
results of 2017 indicate a low supply of elderberry, salmonberry, and blueberry due to
overwinter top-kill of stems in low to mid elevations of Kodiak Island.
Research
• In cooperation with ADF&G and other researchers, Refuge biologists monitored
nesting Aleutian tern and Arctic tern throughout the archipelago in hopes of
determining reasons for population declines throughout coastal Alaska. Research to
continue in 2018.
• The technical paper “Phenological Synchronization Disrupts Trophic Interactions
between Kodiak Brown Bears and Salmon” was published in the Proceedings of the
National Academy of Sciences in August. This paper, based on Service-sponsored
cooperative research, describes response of bears to variation in availability of salmon
and berries between 2013-2015 in the Karluk Lake region.
AGENDA ITEM #2.B.
Introduction And A Brief Report From Mr. Michael Brady, Kodi...
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September ______, 2017 Chairman John Jensen Alaska Board of Fisheries Boards Support Section P.O. Box 115526 Juneau, AK 99811-5526 Can be emailed to <dfg.bof.comments@alaska.gov> Dear Chairman Jensen: The Kodiak Island Borough and the City of Kodiak recognize and value the enormous economic contribution as well as the social and cultural importance of the historic Kodiak salmon fishery. The massive changes to Kodiak salmon fishery management proposed in Agenda Change Request (ACR) #11 to the Board of Fisheries (BOF) from the Upper Cook Inlet Drifters Association (UCIDA) would decimate the fishery, and cause great and unnecessary damage to harvesters, processors and the community.
The Borough and the City strongly oppose all aspects of ACR #11, and join
Kodiak salmon fishery stakeholders and supporters in urging the Board of
Fisheries to deny the request to take up this proposal out of cycle.
The requirements that must be met for the BOF to accept ACR’s are restricted to three criteria: meaningful new information, conservation concerns, and mistakes in regulations. ACR #11 meets none of these criteria, and must be rejected. UCIDA’s ACR proposal would make wholesale and unwarranted changes to harvest management in multiple areas around Kodiak, setting caps to limit sockeye harvests by week and by season. These caps are unsupported by harvest data or biology. In addition to negatively affecting harvester and community revenues, these restrictive caps would disrupt the carefully developed Kodiak management system for pink and chum salmon as well as for sockeye salmon.
Kodiak’s commercial salmon fishery has existed since 1882, over 135 years. The salmon fishery continues to support one of the largest and most diversified fishing regions in the nation. The Kodiak salmon harvesting sector includes seine and set
AGENDA ITEM #2.C.
Kodiak Salmon Work Group Report And Letter of Support Reques...
Page 6 of 21
gillnet participants Island-wide, many of them in multi-generational operations. The proposed harvest caps in ACR #11 would negatively affect the livelihoods of hundreds of families who have invested and continue to invest in a fishery based on current regulations. The proposed fishing limits would essentially set an upper boundary on a season’s harvest, regardless of the strength of the local Kodiak returns. Such a limitation would devastate family fishing businesses, as well as processing companies, processing workers and support businesses in the Island communities. Kodiak Island has six rural villages that depend entirely on fishery-related opportunities and revenue for their survival. It is important to note that the fishing skippers and crewmen resident in these communities plan on enjoying the benefits from the “good” or high production seasons to carry them through the lean years. A quota system as suggested by ACR#11 would put a cap on fishing opportunities during years when local stocks are abundant and thereby eliminate the economic buffer that has allowed these communities to survive over the past century of commercial fisheries. This important reality also applies to many salmon fishermen in the lower catch/earnings strata. Simply stated, capping earning opportunities when local stocks are abundant will put them out of business. ACR#11 will completely disrupt the lives of Kodiak’s salmon fishermen and the allocative balance between Kodiak purse seiners and Kodiak gillnetters. The proposal eliminates fishing opportunities for all of the seine fleet and for some of the gillnet fleet. Consequently, Kodiak gillnet fishermen will be pitted against one another with some sites being closed to fishing based on newly-drawn arbitrary boundaries and some sites improved because their neighbor is closed. Moreover, seine fishermen will be pitted against all of the gillnet fleet in that they would be displaced to areas that disproportionally impact gillnet fishermen. In other words, the entire Kodiak Management Area would be turned upside down simply to accommodate the Cook Inlet claim to fish that are to be managed as “common property” for all Alaskan fishermen. Harvest reductions would mean reduced deliveries of fish to processing plants in the City of Kodiak and outlying areas. Several processing plants have participated in the Kodiak salmon fishery for more than 100 years, including the plant in Alitak Bay currently owned and operated by Ocean Beauty Seafood, and the one in Larsen Bay currently owned and operated by Icicle Seafoods. These plants continue to operate because of the long-established seine and
AGENDA ITEM #2.C.
Kodiak Salmon Work Group Report And Letter of Support Reques...
Page 7 of 21
setnet harvesters nearby, and provide needed employment in remote areas. The magnitude of the contribution of salmon fisheries to the Kodiak area cannot be overemphasized. As an example, in 2014, salmon was the most valuable fishery for Kodiak. Salmon ex-vessel value to the fishermen was $49 million, with 66 million pounds landed. The first wholesale value to the processors was $116 million. Salmon harvesters have made an average of $44 million a year for the last ten years. Importantly, for every one million pounds of salmon landed, local labor income is $900,000, and for every $1 million paid to fishermen, local labor income is $1.22 million. The salmon fishery also provides revenue to the community through raw fish tax, an average of _____ over the last ___ years. In addition, recreational salmon fishing makes a large and growing contribution to the Kodiak economy. Subsistence salmon harvesting is a cornerstone of the Kodiak region’s coastal culture. The Kodiak management system has long been successfully conserving local salmon stocks, while recognizing that mixed-stock fisheries are a feature of the Kodiak Management Area. Cook Inlet-bound sockeye have been a part of Kodiak fisheries for as long as data has been collected, in varying degrees by year and location. The Kodiak Management Area is expertly managed for optimum yield and escapement into the Island’s salmon systems, while recognizing the presence of mixed stocks. Managing Kodiak fisheries strictly for stocks bound for other areas would disrupt this careful balance. ADF&G has done decades of research on what causes the changing and unpredictable mixing of stocks: run strength and timing in both Cook Inlet and Kodiak, timing of fishery openings, regional weather and ocean conditions. The contention in the ACR that the recent Kodiak sockeye salmon harvest genetic study provided “new information” is false. . Thank you for your consideration of the Kodiak communitys’ concerns about this unsubstantiated challenge to Kodiak salmon fisheries and the region’s way of life. Sincerely, Signatures
AGENDA ITEM #2.C.
Kodiak Salmon Work Group Report And Letter of Support Reques...
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Introduced by: Borough Manager
Drafted by: CDD
Introduced on: 04/06/2017
Public Hearing Date: 06/15/2017
Amended: 06/15/2017
Adopted on: 06/15/2017
KODIAK ISLAND BOROUGH
ORDINANCE NO. FY2017-21
AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDING
CHAPTERS 17.25 KIBC (DEFINITIONS), 17.160 KIBC (ACCESSORY BUILDINGS), AND
RELATED CHAPTERS OF TITLE 17, ZONING TO INCLUDE DEVELOPMENT STANDARDS
FOR ACCESSORY DWELLING UNITS AND TO SPECIFICALLY LIST ACCESSORY
DWELLING UNITS AS A PERMITTED USE IN CERTAIN RESIDENTIAL ZONING DISTRICTS
WHEREAS, as a second class Borough, the Kodiak Island Borough exercises planning,
platting, and land use regulations on an area wide basis pursuant to Chapter 29.40 Alaska
Statutes; and
WHEREAS, in accordance with AS 29.40, the Kodiak Island Borough adopted the 2008
Comprehensive Plan update on December 6, 2007 (Ordinance No. FY2008-10) to replace the
1968 Comprehensive Plan; and
WHEREAS, the Kodiak Island Borough has adopted KIBC Title 17 (Zoning) in accordance
with AS 29.40 to implement the Kodiak Island Borough Comprehensive Plan; and
WHEREAS, KIBC 17.205.010 provides that "Whenever the public necessity, convenience,
general welfare or good zoning practice requires, the assembly may, by ordinance and after
report thereon by the commission and public hearing as required by law, amend, supplement,
modify, repeal or otherwise change these regulations and the boundaries of the districts"; and
WHEREAS, there is a growing awareness of the need for additional housing options in
Kodiak; and
WHEREAS, the use of accessory dwelling units may be one part of a regulatory solution to
address this multi -faceted issue; and
WHEREAS, KIBC Title 17 (Zoning) does not include regulatory requirements for accessory
dwelling units and does not list them as a permitted use in any zoning district; and
WHEREAS, the public necessity and general welfare of the community may be better served
by amending the code to include development standards and zoning requirements for
accessory dwelling units and to list them as a permitted use in certain residential zoning
districts; and
Kodiak Island Borough, Alaska
Deletion — Red, Strikeout
Insertion — Bold, Blue, Underlined
Ordinance No. FY2017-21
Page 1 of 8
Final Verson
AGENDA ITEM #2.D.
Accessory Dwelling Units And Small Lots Subdivision Update
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WHEREAS, the amendments to Chapters 17.25 KIBC (Definitions), 17.50 (C -Conservation),
17.60 (RR2-Rural Residential Two), 17.65 (RR -Rural Residential), 17.70 (RR1-Rural
Residential One), 17.75 (R1 -Single-family Residential), 17.80 (132 -Two-family Residential), and
17.160 (Accessory Buildings) of Title 17 will accomplish the stated public need; and
WHEREAS, the Planning and Zoning Commission held work sessions or special meetings to
review the proposed changes on October 7, 2015, October 14, 2015, and November 10 2015;
and
WHEREAS, the Planning and Zoning Commission set aside time for public input and
discussion at each work session and special meeting; and
WHEREAS, the Planning and Zoning Commission held work sessions on December 9, 2015,
January 13, 2016, March 9, 2016, and May 11, 2016 followed by public hearings on December
16, 2015, January 20, 2016, March 16, 2016, and May 18, 2016; and
WHEREAS, the Planning and Zoning Commission, following the May 18, 2016 public hearing,
failed to pass a motion to transmit their recommendations for revisions to Title 17 to the
Borough Assembly; and
WHEREAS, on May 19, 2016, two Planning and Zoning Commissioners filed a
Reconsideration Affidavit with the Community Development Department stating their intent to
reconsider the vote taken after the May 18, 2016 public hearing; and
WHEREAS, the Planning and Zoning Commission, at their July 13, 2016 regular meeting,
voted to reconsider the vote taken after the May 18, 2016 public hearing and to postpone the
vote on the recommendations for revisions to Title 17 to their September 21, 2016 regular
meeting; and
WHEREAS, the Planning and Zoning Commission, held an additional work session on
September 14, 2016 followed by an additional public hearing on September 21, 2016; and
WHEREAS, the Planning and Zoning Commission, following the September 21, 2016 public
hearing, voted to transmit their recommendations for revisions to Title 17 to the Borough
Assembly; and
WHEREAS, the Borough Assembly held work sessions on January 12, 2017, February 9,
2017, March 2, 2017, March 30, 2017, April 13, 2017, and June 8, 2017; and
WHEREAS, the Borough Assembly held a public hearing on June 15, 2017.
NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND
BOROUGH THAT:
Kodiak Island Borough, Alaska Ordinance No. FY2017-21
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Insertion - Bold, Blue, Underlined Final Veisc,n
AGENDA ITEM #2.D.
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Section 1: This ordinance is of a general and permanent nature and shall become a part of the
Kodiak Island Borough Code of Ordinances.
Section 2: That Title 17 of the Kodiak Island Borough Code of Ordinances is amended to read
as follows:
Chapter 17.25
DEFINITIONS
17.25.020 A definitions.
Accessory Dwelling Unit (ADU)" means an additional dwelling unit attached to or within
agile—family residence or within a detached accessory structure or as a separate
structure on the same lot as the single-family residence. ADUs have a separate entrance
and exit and contain kitchen, bathroom, and sleeping facilities.
Chapter 17.160
ACCESSORY BUILDINGS AND ACCESSORY DWELLING UNITS
Sections:
17.160.010 Intent.
17.160.020 Definition.
17.160.030 Permitted districts.
17.160.040 Height limit.
17.160.050 Area.
17.160.060 Setbacks.
17.060.070 Accessory dwelling units.
17.160.010 Intent.
It is the intent of this chapter to set forth standards for the size and location of accessory
buildings and accessory dwelling units. Hoop houses shall not be subject to the limitations of
this chapter in all zoning districts where hoop houses are permitted. [Ord. FY2012-10 §12,
2012; Ord. 90-31 §2,1990; Ord. 82-14-O(A) §2,1982. Formerly §17.51.010].
17.160.020 Definition.
Accessory building" means:
A. A detached building, the use of which is appropriate, subordinate and customarily incidental
to that of a main building, located on the same lot as the main building and which is not
designed or intended to be used for living or sleeping purposes.
B. An accessory building shall be considered to be a part of the main building when joined to the
main building by a common wall not less than four feet long or by a roofed passageway which
shall not be less than eight feet in width.
C. Any structure, regardless of type of foundation or base support, including skid -mounted or
other movable structure, that also requires a building permit for construction
A minor structural
development that does not require a building permit is not regulated by this chapter.
Kodiak Island Borough, Alaska
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Insertion — Bold, Blue, Underlined
Ordinance No. FY2017-21
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Final Version
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D. A nonmotorized container van when used for the sole purpose of storing emergency
response equipment in the Kodiak Island Borough and not placed on a permanent foundation.
Ord. 2001-01 §2, 2001; Ord. 90-31 §2,1990; Ord. 82-14-O(A) §2,1982. Formerly §17.51.020].
17.160.030 Permitted districts.
A. Accessory buildings are permitted in all land use districts that specifically allow for them.
B. In residential zoning districts, no accessory building shall be located on any lot in the
absence of a main building used as a residence; except that in the case of a vacant lot, zoning
compliance for an accessory building (used solely for the storage of tools and materials needed
for the construction of the permitted residence) may be issued at the same time zoning
compliance and a building permit are issued for a residence.
C. An accessory building as defined by KIBC 17.160.020(D) is permitted in all zoning districts
with authorization from the local municipality and issuance of a zoning compliance permit. [Ord.
2001-01 §3, 2001; Ord. 90-31 §2, 1990; Ord. 82-14-O(A) §2, 1982. Formerly §17.51.030].
17.160.040 Height limit.
The maximum height of an accessory building is ; 35 feet. An exception to this section is any
structure that meets the definition of an amateur radio antenna as outlined in AS 29.35.141.
Ord. FY2006-08 §2, 2006; Ord. 90-31 §2, 1990; Ord. 82-14-O(A) §2, 1982. Formerly
17.51.0401.
17.160.050 Area.
A. The maximum lot coverage of the total of all accessory buildings on a lot shall not exceed 10
percent of the area of a lot except that on any lot of record, accessory buildings may cover a
maximum of 600 square feet of the lot or 10 percent of the area of the lot, whichever is greater.
B. Accessory dwelling units are exempt from the lot coverage limitations of this section.
17.160.060 Setbacks.
The minimum yard setbacks requirements for accessory buildings and accessory dwelling
units are those established for the zoning district in which the accessory building or accessory
dwelling unit will be located.
17.160.070 Accessory dwelling units.
A. Intent.
Accessory dwelling units (ADUs) add options and housing choice in residential
neighborhoods and can be an effective way to add affordable housing to existing
neighborhoods. ADUs also provide a flexible way to address family needs for additional
housing. ADUs are not intended for use as transient housing and shall not be permitted
for use as a bed and breakfast.
1. ADUs are not intended to allow a two-family residence in the -R4any single-family
residential zoning district.
2. ADUs are not intended to circumvent the parking requirements for a two-family
dwelling (duplex) in the R-2 zoning district.
B. Permitted Uses.
1. ADUs are a permitted use in the following residential zoning districts:
Kodiak Island Borough, Alaska
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Ordinance No. FY2017-21
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Final Versa -
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a. Chapter 17.50 KIBC, C -Conservation District:
d. Chapter 17.75 KIBC, R1 -Single-family Residential District (attached);
e. Chapter 17.80 KIBC, R2 -Two-family Residential District.
C. Conditional Uses.
1. ADUs are a conditional use in the following residential zoning districts:
a. Chapter 17.65 KIBC, RR -Rural Residential District;
b. Chapter 17.70 KIBC, RR1-Rural Residential One District (detached);
c. Chapter 17.75 KIBC, R1 -Single-family Residential District (detached).
D. Development Standards for ADUs.
1. Only one ADU shall be permitted on a lot.
2. Location. An ADU may be attached to or located within a single-family residence or
within a detached accessory building on the same lot as the single-family residence
or as a separate structure on that lot. If the ADU is located within a single-family
dwelling, there shall only be one entrance to the front of the house. Separate
entrances to an ADU located within the principal dwelling or attached to it are
permitted at the side or the rear of the principal dwelling unit.
3. ADUs are required to comply with all applicable building and fire code
requirements.
4. Water supply and wastewater disposal. The accessory dwelling unit must have a
bathroom and shall share the same sewage disposal and water supply systems (e.g.,
a well and septic system or connection to public water and sewer) as the principal
dwelling unit unless separate sewer and water connections are required by the City of
Kodiak, ADEC, or the communities of Ahkiok. Karluk, Larsen Bay, Old Harbor.
Ouzinkie, or Port Lions.
5. One (1) additional parking space sk}a41-beprevicled-feris required with an ADU.
6. Size Limit.
a. An ADU shall be limited to 480 square feet or less.
b. Mobile homes, recreational vehicles, campers, senesces, and travel trailers are
not permitted to be used as an ADU.
97. The owner of the property shall live in the principal dwelling or the ADU.
98. No new access points or driveways shall be created or installed for access to the
ADU.
4-09. Nonconforming structures.
a. ADUs may be located within an existing single-family detached dwelling that is
nonconforming with respect to required setbacks, provided the ADU requirement
for off-street parking is met.
b. ADUs are prohibited in any accessory structure that is nonconforming with
respect to required setbacks.
4410. Access for emergency services providers.
a. The zoning compliance permit and site plan for an ADU must show the location
of an unobstructed route of travel from the street to the ADU entrance.
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b. Exterior doors and openings required by this code or the IBC shall be
maintained readily accessible for emergency access by the fire department. An
approved access walkway leading from the apparatus access roads to exterior
openings shall be provided when required by the fire code official.
Chapter 17.50
C — CONSERVATION DISTRICT
17.50.030 Permitted accessory uses and structures.
In addition to those uses and structures specifically identified in KIBC 17.50.020, the following
accessory uses and structures are permitted when developed in support of permitted principal
uses:
B. Accessory residential buildings (e.g., accessory dwelling units (ADUs), crew quarters in
support of commercial set -net fishing and lodge operations, banyas, outhouses, etc.);
Chapter 17.60
RR2 — RURAL RESIDENTIAL TWO DISTRICT
17.60.020 Permitted uses.
The following land uses and activities are permitted in the rural residential two district:
A. Accessory buildings and accessory dwelling units (ADUs);
Chapter 17.65
RR— RURAL RESIDENTIAL
17.65.040 Conditional uses.
The following land uses may be allowed by obtaining a conditional use permit in accordance
with the provisions of Chapter 17.200 KIBC:
A. Firework stands; and
B. Recreational vehicle parks -Land
C. Accessory dwelling units (ADUs).
Chapter 17.70
RR1 — RURAL RESIDENTIAL ONE DISTRICT
17.70.020 Permitted uses.
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The following land uses are permitted in the rural residential one district:
K. Recreational cabins;
L. Hoop houses ; and
M. Accessory dwelling units (ADUs) (attached).
17.70.030 Conditional uses.
The following land uses may be allowed by obtaining a conditional use permit in accordance
with the provisions of Chapter 17.200 KIBC:
A. Firework stands; anj
B. Recreational vehicle parks. -Land
C. Accessory dwelling units (ADUs) (detached).
Chapter 17.75
R1 — SINGLE-FAMILY RESIDENTIAL DISTRICT
17.75.020 Permitted uses.
The following land uses and activities are permitted in the single-family residential district:
F. Single-family dwellings; and
G. Hoop houses, and
H. Accessory dwelling units (ADUs) (attached).
17.75.030 Conditional uses.
The following land uses may be allowed by obtaining a conditional use permit in accordance
with the provisions of Chapter 17.200 KIBC:
D. Vacation homes; aracl
E. Recreational vehicle parks -Land
F. Accessory dwelling units (ADUs) (detached).
Chapter 17.80
R2 — TWO-FAMILY RESIDENTIAL DISTRICT
17.80.020 Permitted uses.
The following land uses are permitted in the two-family residential district:
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315 N. Bed and breakfasts; and
316 O. Hoop houses-
317 P. Accessory dwelling units when there is a single-family residence on the property.
318
319 Section 3: By this ordinance, the Borough Assembly adopts the following findings of fact in
320 support of their approval of these amendments:
321
322 1. There is a growing need for housing options in Kodiak. The use of accessory
323 dwelling units may be one part of a regulatory solution to address this multi -
324 faceted issue.
325
326 2. Current KIBC Title 17 (Zoning) does not include regulatory requirements for
327 accessory dwelling units and does not list them as a permitted or conditional
328 use in any zoning district.
329
330 3. The amendments to Chapters 17.25, 17.160, and related Chapters of Title 17
331 KIBC provide the regulatory requirements for accessory dwelling units and list
332 accessory dwelling units as a permitted or conditional use in certain
333 residential zoning districts.
334
335 4. The amendments to Chapters 17.25, 17.160, and related Chapters of Title 17
336 KIBC are consistent with the adopted Comprehensive Plan goals and policies
337 related to housing and specifically, affordable housing.
338
339 5. The Planning and Zoning Commission recommends approval of the
340 amendments to Chapters 17.25, 17.160, and related Chapters of Title 17
341 KIBC.
342
343 Effective Date: This ordinance takes effect upon adoption. (Note: KIBC 2.30.070 states an
344 ordinance takes effect upon adoption or at a later date specified in the ordinance.)
345
346 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
347 THIS FIFTEENTH DAY OF JUNE, 2017.
348
349 KODIAK ISLAND BOROUGH ATTEST:
35
3511
352 (tel
353 Daniel A. Rohrer, Mayor Nova M. Javier, MMC, Clerk `
354
355 VOTES:
356 Ayes: Crow, LeDoux, Townsend, Smiley, Symmons, and Van Daele
357 Noes: Skinner
Kodiak Island Borough, Alaska Ordinance No. FY2017-21
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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
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
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Kodiak Island Borough, Alaska Ordinance No. FY2018-02
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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
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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 of the RSL district. 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. To require a minimum land area to establish the RSL district to reduce the impacts of 131
potential subdivision of existing lots within 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
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17.77.030 Conditional uses. 142
Reserved. 143
144
17.77.040 Minimum size of the RSL district. 145
A. A minimum contiguous land area of 1.5 acres that is capable of being subdivided into 146
10 or more lots that meet RSL district lot area, width, and design requirements is 147
required to establish this zoning district. 148
B. One or more parcels that meet the contiguous land area requirement may be rezoned 149
to this district, subject to the following: 150
1. An approved rezone shall not become effective until approval and recording of a 151
plat that subdivides the subject land into 10 or more lots that meet the requirements 152
of Title 16 (Subdivision) and Title 17 (Zoning) of the Borough Code; and 153
2. The rezone shall become null and void if a plat depicting the subdivision is not 154
approved and recorded within 36 months from the date of rezone approval. 155
156
17.77.050 Prohibited lot designs. 157
The flag lot designs listed in Chapter 16.40 KIBC are prohibited in the RSL district. 158
159
17.77.060 Area requirements. 160
A. Lot Area. 161
1. The minimum lot area required is 3,600 square feet. 162
2. The maximum lot area allowed is 6,000 square feet. 163
3. Water bodies, private roads, and public access easements are excluded from lot 164
area calculations. 165
B. Lot Width. 166
1. The minimum lot width for an interior lot is 30 feet. 167
2. The minimum lot width for a corner lot is 35 feet. 168
169
17.77.070 Yards. 170
A. Front Yard. The minimum front yard shall be 25 feet. 171
B. Side Yard. The minimum side yard required is five feet. The minimum side yard 172
required on the street side of a corner lot is 10 feet. 173
C. Rear Yard. The minimum rear yard required is 10 feet. 174
175
17.77.080 Building height limit. 176
The maximum building height allowed is 35 feet. 177
178
17.77.090 Public service requirement. 179
Water and sanitary sewer service from a certificated public utility or municipal system 180
are required for lots in this land use district. 181
182
183
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184
185
ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 186
THIS __________ DAY OF _______________, 2017. 187
188
KODIAK ISLAND BOROUGH ATTEST: 189
190
191
___________________________ ___________________________ 192
Daniel A. Rohrer, Mayor Nova M. Javier, MMC, Clerk 193
194
VOTES: 195
Ayes: 196
Noes: 197
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KODIAK ISLAND BOROUGH
JOINT WORK SESSION
Joint Work Session of: I I 13
Please PRINT your name Please PRINT your name
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Jeff J -e �n Y)