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FY2018-02 Creating A New Zoning District For Single-Family Dwellings. (P&Z Case No. 17-014)1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 Introduced by: KIB Assembly Drafted by: CDD Introduced on: 08/17/2017 Public Hearing Date: 09/07/2017 Postponed: 09/21/2017 2nd Public Hearing Date: 09/21/2017 Adopted on: 09/21/2017 KODIAK ISLAND BOROUGH ORDINANCE NO. FY2018-02 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 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 (P&Z CASE NO. 17-014) 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 (AS); 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 Title 17 (Zoning) of the Kodiak Island Borough Code (KIBC) 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 public awareness of the need for additional housing options in Kodiak; and WHEREAS, 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; and WHEREAS, 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; and WHEREAS, lots smaller than 7,200 square feet are capable of accommodating such development while providing sufficient yard setbacks and off-street parking; and WHEREAS, 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; and Kodiak Island Borough, Alaska Deletion — Red, Strikeout Insertion — Bold, Blue, Underlined Ordinance No. FY2018-02 Page 1 of 5 Version 1 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 99 WHEREAS, the public necessity, convenience, and general welfare of the community may be better served by 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 specifies the regulatory requirements for development of single-family dwellings on smaller lots in the Borough; and WHEREAS, the Planning and Zoning Commission held work sessions to review the proposed chapter on October 7, 2015, October 14, 2016, November 10, 2015, December 9, 2015, January 13, 2016, February 10, 2016, March 9, 2016, May 11, 2016, November 9, 2016, and December 7, 2016; and WHEREAS, the Planning and Zoning Commission set aside time for public input and discussion at each work session; and WHEREAS, the Planning and Zoning Commission held work sessions on January 11, 2017, February 8, 2017, and May 10, 2017 followed by public hearings on January 18, 2017, February 15, 2017, and May 17, 2017; and WHEREAS, the Planning and Zoning Commission, following the May 17, 2017 public hearing, voted to transmit their recommendation to amend Title 17 KIBC (Zoning) by adding Chapter 17.77 KIBC (RSL -Residential Small Lot Single -Family District) to the Borough Assembly; and WHEREAS, the Assembly held work sessions on August 10, 2017, August 31, 2017, and September 14, 2017; and WHEREAS, the Assembly held a public hearing on September 21, 2017; and NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT: Section 1: This ordinance is of a general and permanent nature and shall become a part of the Kodiak Island Borough Code of Ordinances; and Section 2: By this ordinance, the Borough Assembly adopts the following findings of fact in support of their approval of the amendment: 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. Kodiak Island Borough, Alaska Deletion - Red, Strikeout Insertion - Bold, Blue, Underlined Ordinance No. FY2018-02 Page 2 of 5 Version 1 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 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). Effective Date: This ordinance takes effect upon adoption. Chapter 17.77 RSL — RESIDENTIAL SMALL LOT SINGLE-FAMILY DISTRICT Sections: 17.77.010 Description and intent. 17.77.020 Permitted uses. 17.77.030 Conditional uses. 17.77.040 Minimum size of the RSL district. 17.77.050 Prohibited lot designs. 17.77.060 Area requirements. 17.77.070 Yards. 17.77.080 Building height limit. 17.77.090 Public service requirement. 17.77.010 Description and intent. sewer services are available. For the residential small lot single-family zoning district, in promoting the general purposes of this title, the specific intentions of this chapter 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 17.77.020 Permitted uses. The following land uses and activities are permitted in the residential small lot single- family district: A. Single-family dwellings: B. One accessory building; C. Home occupations; and Kodiak Island Borough, Alaska Deletion — Red, Strikeout Insertion — Bold, Blue, Underlined Ordinance No. FY2018-02 Page 3 of 5 Version 1 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 D. Hoop houses. 17.77.030 Conditional uses. Reserved. 17.77.040 Minimum size of the RSL district. A. A minimum contiguous land area of 1.5 acres that is capable of being subdivided into 10 or more lots that meet RSL district lot area, width, and design requirements is required to establish this zoning district. B. One or more parcels that meet the contiguous land area requirement may be rezoned to this district, subject to the following: 1. An approved rezone shall not become effective until approval and recording of a plat that subdivides the subject land into 10 or more lots that meet the requirements of Title 16 (Subdivision) and Title 17 (Zoning) of the Borough Code; and 17.77.050 Prohibited lot designs. The flag lot designs listed in Chapter 16.40 KIBC are prohibited in the RSL district. 17.77.060 Area requirements. A. Lot Area. 1. The minimum lot area required is 3,600 square feet. 2. The maximum lot area allowed is 6,000 square feet. 3. Water bodies, private roads, and public access easements are excluded from lot area calculations. B. Lot Width. 1. The minimum lot width for an interior lot is 30 feet. 2. The minimum lot width for a corner lot is 35 feet. 17.77.070 Yards. A. Front Yard. The minimum front yard shall be 25 feet. B. Side Yard. The minimum side yard required is five feet. The minimum side yard required on the street side of a corner lot is 10 feet. C. Rear Yard. The minimum rear yard required is 10 feet. 17.77.080 Building height limit. The maximum building height allowed is 35 feet. 17.77.090 Public service requirement. Water and sanitary sewer service from a certificated public utility or municipal system are required for lots in this land use district. Kodiak Island Borough, Alaska Deletion — Red, Strikeout Insertion — Bold, Blue, Underlined Ordinance No. FY2018-02 Page 4 of 5 Version 1 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS TWENTY FIRST DAY OF SEPTEMBER, 2017. KODIAK ISLAND BOROUGH Daniel A. Rohrer, Mayor GTTFCT- VOTES: Skinner, Symmons, Townsend, Van Daele, and Crow (Ayes); Smiley (No). Absent: LeDoux Kodiak Island Borough, Alaska Deletion — Red, Strikeout Insertion — Bold, Blue, Underlined Ordinance No. FY2018-02 Page 5 of 5 Version 1