2018-07-11 Joint Work Session
BOROUGH ASSEMBLY/PLANNING AND ZONING COMMISION
JOINT WORK SESSION AGENDA
Wednesday, July 11, 2018
Borough Assembly Chambers
6:30 p.m.
Joint work sessions are informal meetings of the Borough Assembly and Planning and
Zoning Commissioners where officials discuss issues that affect residents. No formal
action is taken at joint work sessions and items that require formal action are placed
on a regular Borough Assembly and/or Planning and Zoning Commission meeting
agenda. Public comments at joint work sessions are NOT considered part of the
regular Borough Assembly or Planning and Zoning Commission meeting.
Page
1. PUBLIC COMMENTS (Limited to Three Minutes per Speaker)
2. AGENDA ITEMS
Establishing Proposed KIBC Title 16 (Subdivisions), Title
2 - 12 A.
17(Zoning), and Title 18 (Borough Real Property) Amendment
Priorities
Amendment Priority Discussion Packet
Van Daele RHA District Draft
Van Daele VR District Draft
Page 1 of 12
AGENDA ITEM #2.A.
Kodiak Island Borough
Community Development Department
710 Mill Bay Road
Kodiak, Alaska 99615
Phone (907) 486-9363 Fax (907) 486-9396
www.kodiakak.us
Date: May 16, 2018
To: Planning & Zoning Commission
From: Community Development Director
RE: Discussion Items for a P&Z/Assembly Joint Work Session
At its May 10, 2018 Work Session, the Planning & Zoning Commission (P&Z) discussed a
memodated May 1, 2018 (attached), from the Community Development Directoroutlining a
number of outstanding to do items relating to code changes in Titles 16 (Subdivision), 17
(Zoning), and 18 (Borough Real Property). This discussion was in preparation of a future Joint
Work Session with the Borough Assembly.
The discussion of the aforementioned memo resulted in a distilled list of six to do items that
P&Z would like to discuss in detail with the Borough Assembly. These six items are presented
below in no particular order. The associated narratives are borrowed from the original memo,
with the exception of the narrative under Rezones/FLUD Changes and Code Amendments
and the narrative under Village/Remote Zoning Districts.
Setbacks
etback requirements have been in place for a very long time. Some
setback requirements outlined in code may not be meeting the original need/intent (e.g. 50 foot
front yard setback in the I-Industrial District when a lot fronts a state right-of-way). Additionally,
some may be made simpler (e.g. in the PL-Public Use Lands District the side yard setback is
Rezones/FLUD Changes and Code Amendments
Currently, the regulations governing changes to zoning districts are in the same chapter as
regulations governing amendments to the language of Title 17. This creates some ambiguity
about which regulations apply to which actions. Separating the two actions would create more
clarity for the public and for staff.
Additionally, there is currently no process in Borough Code specifically for Future Land Use
Designation changes. It has been past practice to use the process identified as rezones.
Future Land Use Designation changes (sometimes referred to as Comp Plan Amendments)
have been an inconsistent practice in the Borough (only having been done over approximately 8
nonconsecutive years since implementation of the Boroughs zoning code in 1964).
There are 3 options in moving forward with how to deal with FLUD changes:
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1) Stop doing them;
2) Keep doing them and develop a process to include in Borough Code; or
3) Make the FLUD change automatic with the rezoning of the property(ies) in question if the
FLUD is not consistent with the new zoning.
Village/Remote Zoning Districts
The institution of village zoning districts was included in the Code Revision project and was well
received by Borough residents, but village zoning districts have yet to be discussed since
indefinite tabling of the Code Revision several years ago. Village zoning districts would allow
more land use flexibility in our rural communities, where it is often more economical for multiple
uses to coexist on one lot.
The Commission has also expressed interest in creating additional zoning districts for remote
parcels.
Criteria for Title 18 Land Disposal Reviews
P&Z and the Assembly have heard many Title 18 Land Disposal cases since July 2016.
However, it is often difficult for staff to provide thorough, consistent analyses for these cases
because there are no criteria in code that outline what makes a Borough-owned property
review by the Planning & Zoning Commission before submission to the Assembly. The
Commission, by resolution, shall make a recommendation to the Assembly regarding the
n
terminology is not found in code and has no associated objective criteria that aid staff, P&Z, or
Planned Unit Developments
Discussions on PUD regulations were started about two years ago; at the same time P&Z was
discussing Accessory Dwelling Units and Residential Small Lot Subdivisions. For some time, all
three topics were included on work session agendas. In order to more efficiently use their time,
P&Z opted to address each ordinance consecutively rather than concurrently. Both ADUs and
RSLs have been adopted by the Assembly within the last year. But, other priorities have stalled
the progression of the PUD discussion.
Changes to Title 16
Like Title 17, comprehensive amendments to Title 16 were tabled indefinitely several years ago.
However, there are a number of sections in Title 16 that require significant changes to remove
ambiguity and omissions. For example, the current code speaks to requirements specifically for
sewer/water easements, but not electric easements. Also, the question of whether private or
public access easements should be included in the calculation of lot area is not clearly
answered by Title 16.
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AGENDA ITEM #2.A.
Kodiak Island Borough
Community Development Department
710 Mill Bay Road
Kodiak, Alaska 99615
Phone (907) 486-9363 Fax (907) 486-9396
www.kodiakak.us
Date: May 1, 2018
To: Planning & Zoning Commission
From: Community Development Director
RE: Discussion Items for a P&Z/Assembly Joint Work Session
At its March 29, 2018 Work Session, the Borough Assembly indicated that they would like to
have a Joint Work Session (JWS) with the Planning & Zoning Commission (P&Z) in the near
future to discuss priority land use and subdivision code modifications.
At its January 17, 2018 Work Session, P&Z discussed several items of interest that it would like
to pursue. Those items were:
Expansion of the downtown parking exemption area
A parking study for both commercial and residential zoning districts
Reduction of residential setbacks
Over the last ~12 months Community Development Department (CDD) staff have cr
, which includes (in whole or in part) the items above.
These items are presented below to initiate conversation for the May 9, 2018 P&Z Work
Session agenda item relating to topics for discussion at a JWS with the Assembly. (These
items are in no particular order.)
Community Involvement in Land Use Decisions
This item is a priority for the Assembly. They have asked that CDD staff begin looking for ways
to modify Borough land use code and add language that outlines a process by which the
communities.
Setbacks
setback requirements outlined in code may not be meeting the original need/intent (e.g. 50 foot
front yard setback in the I-Industrial District when a lot fronts a state right-of-way). Additionally,
some may be made simpler (e.g. in the PL-Public Use Lands District the side yard setback is
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Home Occupations
home occupations has raised many questions in the recent past, such as how to deal with home
occupations where clients/customer frequent the residence and why are basements and
garages not included in the calculation for determining the amount of square footage allowable
for the home business.
Parking
The Borough has one of the most onerous parking codes in the state in terms of actual number
of spaces required for various development types. This has had significant negative impacts on
local businesses and residential developments alike. At the request of the Borough Manager
and Borough Mayor, an item to discuss parking was placed on an Assembly Work Session
agenda in March 2018. At this meeting the consensus of the Assembly was that the off-street
parking requirements of the Borough needed to be review and amended to better serve
businesses and the community at-large.
Signs
several questions have arisen about both the interpretation of the code and the practicality of
the regulations. For exa
signs for a developed lot shall not exceed 25 percent of the square footage of that building face
refers to
multiple signs, but the end of the statement references only a single sign. So, in the case where
two signs are to be placed on the buildingone facing a public street, one facing a private
streethow should this be calculated?
Separating Rezones and Code Amendments
Currently, the regulations governing changes to zoning districts are in the same chapter as
regulations governing amendments to the language of Title 17. This creates some ambiguity
about which regulations apply to which actions. Separating the two actions would create more
clarity for the public and for staff.
Village Zoning Districts
The institution of village zoning districts was included in the Code Revision project and was well
received by Borough residents, but village zoning districts have yet to be discussed since
indefinite tabling of the Code Revision several years ago. Village zoning districts would allow
more land use flexibility in our rural communities, where it is often more economical for multiple
uses to coexist on one lot.
Criteria for Title 18 Land Disposal Reviews
P&Z and the Assembly have heard many Title 18 Land Disposal cases since July 2016.
However, it is often difficult for staff to provide thorough, consistent analyses for these cases
because there are no criteria in code that outline what makes a Borough-owned property
review by the Planning & Zoning Commission before submission to the Assembly. The
Commission, by resolution, shall make a recommendation to the Assembly regarding the
this
terminology is not found in code and has no associated objective criteria that aid staff, P&Z, or
Page 2 of 4
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Cemeteries on Private Property
In the last few years several property owners have inquired abo
to bury human remains on private property. Cemeteries currently only show as an allowed use
in the PL-Public Use Lands District. Since they are called out as a specific use in this one
zoning district, per KIBC 17.15.080 they are prohibited in all others. A majority of the interest in
establishing cemeteries has been from individuals who own large, remote lots where cemeteries
could easily be accommodated without concern for public health or safety, but they currently are
not able to engage in this use. State law is virtually silent on the establishment of cemeteries,
particularly from a land use perspective, and they have left regulations to local municipalities
(with the exception of a few solid waste regulations).
Sex Businesses
Kodiak has not had any requests to permit sex/adult-oriented businesses in the recent past.
However, the Fairbanks North Star Borough had difficulties several years ago when an adult
business wanted to locate directly adjacent to a residential area. The Borough found itself in a
tough situation when the business became a contentious issue in the neighborhood and was
process. CDD staff would like to have regulations on the books for sex/adult-oriented business
before a similar situation occurs in Kodiak.
Planned Unit Developments
Discussions on PUD regulations were started about two years ago; at the same time P&Z was
discussing Accessory Dwelling Units and Residential Small Lot Subdivisions. For some time, all
three topics were included on work session agendas. In order to more efficiently use their time,
P&Z opted to address each ordinance consecutively rather than concurrently. Both ADUs and
RSLs have been adopted by the Assembly within the last year. But, other priorities have stalled
the progression of the PUD discussion.
Accessory Buildings and Projections Into Required Yards
code sections regulating accessory buildings
and projections into required yards also have ambiguities. In the past there have been
questions on what structures require zoning compliance, there are discrepancies in the code
relating to the allowed height of accessory buildings, and the table for projections into required
receiving conditional approval. These are only a few of the issues with these two chapters of
code.
Changes to Title 16
Like Title 17, comprehensive amendments to Title 16 were tabled indefinitely several years ago.
However, there are a number of sections in Title 16 that require significant changes to remove
ambiguity and omissions. For example, the current code speaks to requirements specifically for
sewer/water easements, but not electric easements. Also, the question of whether private or
public access easements should be included in the calculation of lot area is not clearly
answered by Title 16.
Setbacks from Anadromous Streams
This item was briefly brought before the P&Z at a work session several months ago. It was
tabled at that time. But, staff wanted to include it in this memo to get an idea of where this item
ranked in priority relative to other land use code issues. Currently, there is a requirement in the
C-Conservation District for development to be set back 50 feet from the bank vegetation of an
anadromous stream. This requirement only appears in a single zoning district. This raises a
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AGENDA ITEM #2.A.
question about the importance or perceive importance of anadromous streams in all other
zoning districts. Issues of enforceability also exist.
Amnesty/Grandfather Rights
The most recent ordinance grandfathering properties/uses was adopted June 5, 1980,
con
Penalties, and Remedies). Once the Borough begins making changes to its code enforcement
system, it is likely that a similar ordinance will need to be adopted.
Several land use-related items have come up at the Assembly level as well. These are
presented below. (These items are in no particular order.)
Administrative Variances
Administrative variances have been brought up several times at Assembly meetings as one
possible solution to streamline land use processes for Borough property owners. Administrative
variances are fairly common and give authority to the Community Development Director to grant
a variance (usually somewhere between 25-50% of the numeric requirement or less) without
approval by the Planning and Zoning Commission, provided that the variance approval criteria
have been satisfied.
Conditional Rezones
it does not currently explicitly allow for the conditioning of rezones. Though not widely
practiced, there are some municipalities in the state of Alaska that allow such conditioning. This
concept has been brought up at Assembly meetings as a proposed way to provide additional
safeguards to surrounding property owners when rezones are approved.
Code Enforcement/UMOT
junk and abandoned vehicles. At the meeting, the conversation was broadened to a discussion
about the Boroughs code enforcement system. At this meeting, the Assembly gave staff
permission to begin working with the Boroughs attorney, researching the State of Alaskas
UMOT System and other code enforcement methods across the state. In April 2018, the
Boroughs legal counsel gave a presentation on the States UMOT System and what would be
required of the Borough to fully implement this system. It was agreed upon by the Assembly
that CDD and the Borough Attorney should pursue the implementation of the UMOT System for
minor infractions that have already been adopted in a UMOT-compliant way. Staff and legal
counsel are currently working on this effort.
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AGENDA ITEM #2.A.
Chapter 17.xx
RHA – ROAD SYSTEM HOMESTEAD/AGRICULTURE DISTRICT
Sections:
17.xx.010 Description and intent.
17.xx.020 Permitted principal uses and structures.
17.xx.030 Area requirements.
17.xx.040 Building height limit.
17.xx.050 Setbacks from property lines.
17.xx.060 Fences, parking, and signs.
17.xx.070 Performance standards.
17.xx.080 Special district regulations.
17.xx.010Description and intent.
The RHA road system homestead/agriculture zoning district is established for thezoning district is established for thezoning district is established for thepurpose of purpose of purpose
of creatcreatingingopportunities
for additional residential uses for owner-occupiers on the Kodiak road systemoccupiers on the Kodiak road systemoccupiers on the Kodiak road systemin areas with challenges not in areas
with challenges not in areas with challenges not
necessarily present in Kodiak’s more urbanized areas, by providing for singleproviding for singleproviding for single--family residentialfamily residentialfamily residentialuse anduse
andenabling
personal-use agricultural and limited commercial activities associated with agricultural use agricultural and limited commercial activities associated with agricultural use agricultural
and limited commercial activities associated with agricultural usesuseson these residential on these residential on these residential
parcels.For the road system homestead/agriculture district, in promoting the general purposes of this title, the district, in promoting the general purposes of this title, the district,
in promoting the general purposes of this title, the
specific intentions of this chapter are:
A. To enable and encourage the use of land for singlecourage the use of land for singlecourage the use of land for single-family residentialfamily residentialfamily residentialuse use
use with the ability to engage in personalwith the ability to engage in personal-
use agriculturaland limited commercialpurposesassociated with these agricultural usesassociated with these agricultural usesassociated with these agricultural uses; and,
B. To encourage the discontinuance of existing uses that are not permitted under the provisions of this chapter. . To encourage the discontinuance of existing uses that are not permitted
under the provisions of this chapter. . To encourage the discontinuance of existing uses that are not permitted under the provisions of this chapter.
17.xx.020Permitted principal uses and structures.Permitted principal uses and structures.Permitted principal uses and structures.
The following land uses and structures The following land uses and structures The following land uses and structures are permitted in the road system homestead/agriculture are permitted
in the road system homestead/agriculture are permitted in the road system homestead/agriculture districtwhen an
owner-occupied dwelling is present on the premisesoccupied dwelling is present on the premisesoccupied dwelling is present on the premises: :
A. Residential activities, includingResidential activities, includingResidential activities, including s s singleingleingle--family dwellingsfamily dwellingsfamily dwellings;;;accessory
buildingsaccessory buildingsaccessory buildingsassociated with residential use;
Accessory Dwelling Units; Accessory Dwelling Units; and hand home occome occome occupationsupationsupations. .
B. Agricultural activitiesB. Agricultural activitiesB. Agricultural activities, , , includingincludingincluding b barns, coops, and stablesarns, coops, and stablesarns, coops, and stables;horticultur
al buildings, greenhouses, and hoop houses;
and accessory buildingsaccessory buildingsaccessory buildingsassociated with agricultural useassociated with agricultural useassociated with agricultural use.
C. Commercial activitiesCommercial activitiesCommercial activities, , includingincluding f f f f f fishing activities; bishing activities; bishing activities; bed and breakfasts; coffee
shops and restaurants (maximum
seating of 20); and d; and d; and daycare facilitiesaycare facilitiesaycare facilities. .
D. Institutional activities, includingD. Institutional activities, includingD. Institutional activities, including c c churcheshurcheshurches; community halls and assembly areas (not
exceeding 5,000 square feet
in gross floor area); animal hospitals, veterinary ; animal hospitals, veterinary ; animal hospitals, veterinary clinics, and boarding kennels; and schools, parks, and playgrounds.
17.xx.030 Area requirements.
A. Lot Area. The minimum lot area required is two acres.
B. Lot Width. The minimum lot width required is 250 feet.
17.xx.040 Building height limit.
The maximum building height allowed is 35 feet for residential buildings and 50 feet for accessory buildings.
17.xx.050 Setbacks from property lines.
There is a required front yard setback of 25 feet except lots fronting on marine waters are exempt from any front
yard setback;a required side yard setback of 25 feet; and a required rear yard setback of 25 feet.
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17.xx.060Fences, parking, and signs.
Fences, parking areas, and signs are permitted and unregulated when they are related to the use of the property for a
permitted use.
17.xx.070Performance standards.
All permitted uses shall comply with the performance standards listed in this section.
A. Groundcover. All areas not devoted to buildings, structures, surfaced drives, walks, or parking areas shall be
coveredand maintained with grass, shrubbery, trees, rocks or gravel, or other suitable groundcover materials to
minimize runoff, dust, erosion, and/orsedimentation.
17.xx.080 Special district regulations.
A. Structures listed in permitted residential and agricultural uses in 17.xx.020 above may be exempted from the
building regulations of the borough provided that:
1. The structure is greater than 200 feet (amend 13.05.030 Connection RequiredConnection RequiredConnection Requiredfrom 200’ down to 150’from 200’ down to 150’)from
existing municipal water and sewer systems;
2. The owner of the structure provides, in writing, indemnification to the Kodiak Island Borough and the City 2. The owner of the structure provides, in writing, indemnification to the
Kodiak Island Borough and the City 2. The owner of the structure provides, in writing, indemnification to the Kodiak Island Borough and the City
of Kodiak; and,
3. In order to seek an exemption under this title, an individual must not have 3. In order to seek an exemption under this title, an individual must not have 3. In order to seek an
exemption under this title, an individual must not have received prior exemptions for a received prior exemptions for a received prior exemptions for a
separate parcel or tax lot which is different than for which the current exemption is sought.separate parcel or tax lot which is different than for which the current exemption is sought.separate
parcel or tax lot which is different than for which the current exemption is sought.
B. Owner-occupiers of Rural Residential 1 and Rural RResidential esidential 22lots lots lots located located located greater than 200 feet (same as
above; amend 13.05.030Connection Requiredfrom 200’ down to 150’from 200’ down to 150’from 200’ down to 150’)))from existing municipal water and sewer from existing municipal water and
sewer from existing municipal water and sewer
systems, and meeting the minimum lot size requirements systems, and meeting the minimum lot size requirements systems, and meeting the minimum lot size requirements may remay remay request
quest quest a zoning change to the road system a zoning change to the road system a zoning change to the road system
homestead/agriculture zoning district.
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Chapter 17.xx
VR–VILLAGERESIDENTIAL DISTRICTProposed Draft
Note: this is a combination of the existing R1 Zoning District, with additional opportunities for
agricultural and economic development included, as well as greater freedoms for civic activities
(churches, schools, etc.).
Sections:
17.xx.010 Description and intent.
17.xx.020 Permitted uses.
17.xx.030 Conditional uses.
17.xx.040 Area requirements.
17.xx.050 Yards.
17.xx.060 Building height limit.
17.xx.010Description and intent.
The VR village residential zoning district is established as a land use district forthe Kodiak Island Borough’s
cities and villages that are only accessible by air or sea transportation, as a means to create opportunities for
additional residential uses for residents in areas with challenges not necessarily present in Kodiak’s urban
areas. For the village residential district, in promoting the general purposes of this title, the specific intentions of
this chapter are:
A.To recognize the historic pattern of settlement and development in the villages;
B.To encourage and enable a variety of compatible uses, including residential, agricultural, lodging,
commercial, and civic activities that serve residents and visitors;and,
C.To discourage land uses which, because of their character or size, would create unusual requirements and
costs for public services. \[Ord. 83-16-O §1, 1983. Formerly §17.15.010\].
17.xx.020Permitted uses.
The following land uses and activities are permitted in the village residential district:
A.Accessory buildings;
B.Agricultural buildings and activities, including hoop houses and greenhouses;
C.Churches;
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D.Fishing activities when an owner-occupied dwelling is present on the premises;
E.Home occupations;
F.Single-family dwellings;
G.Accessory Dwelling Units;
H. Community halls and assembly areas;
I. Retail stores and service shops (e.g., clinics, grocery stores, professional offices, etc.);
J. Wind turbines (up to 35’ in height) and solar energy collectors;
K.Bed and breakfasts;
L. Accessory Dwelling Units; and
M.Schools, daycare facilities, parks, and playgrounds.
17.xx.030Conditional uses.
The following land uses may be allowed by obtaining a conditional use permit in accordance with the provisions
of Chapter17.200KIBC:
A.Lodges accommodating up to 12 guests; and
B.Recreational vehicle parks. \[Ord. FY2016-07 §2, 2016; Ord. 86-27-O §5, 1986; Ord. 83-16-O §1, 1983.
Formerly §17.15.030\].
17.xx.040Area requirements.
A.Lot Area. There is nominimum lot area.
B.Lot Width. There is nominimum lot width.
17.xx.050Yards.
A.Front Yard. The minimum front yard shall be 5 feet.
B.Side Yard. The minimum yard required, on each side of a principal building, is 5feet. The minimum required
side yard on the street side of a corner lot is 5feet.
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C.Rear Yard. The minimum rear yard required is 5feet.
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