1977-18 Ordinance Relating to Townhouse and Group Housing Developments. REFERRED BACK TO P&Z FOR REWRITING1
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KODIAK ISLAND BOROUGH
ORDINANCE NO. 77 -18 -0
AN ORDINANCE RELATING TO TOWNHOUSE
AND GROUP HOUSING DEVELOPMENTS
BE IT ORDAINED by the Assembly of the Kodriak
Island Borough as follows:
SECTION 1. Chapter 17.06 of the Ko ak Island Borough
Code of Ordinances is amended by adding a n section to read:
Section 17.06.535 Townhouse. 'Townhouse" means
a building containing not less than the single family
dwelling units erected in a row, on joining lots, each being
separated from the adjoining unit units by an approved party
wall or walls extending from the biasement or cellar floor to
the roof along the linking lot Line.
SECTION 2. Subsection R of Section 17.30.060 of the
Kodiak Island Borough Code . Of Ordinances is hereby repealed
and re- enacted to read as follows:
R. Group housing developments in zones designated
as "Unclassified," "•= sidential" and "Business" pursuant to
the provisions of tion 70 of this chapter.
SECTIO Section 17.30.060 of the Kodiak Island
Borough Code of rdinances is hereby amended by adding a new
subsection to r =ad as follows:
S. ownhouses in zones designated as "Unclassified,"
"Residential and "Business" pursuant to the provisions of
section 80 of this chapter.
SECTION 4. Chapter 17.30 of the Kodiak Island
Borough Code of Ordinances is amended by adding new sections
to read as follows:
Ordinance No. 7 7 - 18 -0
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Section 17.30.070 Group Housing Developments. In
zones specified in section 60 R of this chapter, the planning
commission may permit a dwelling group of two or more buildings,
the contemplated arrangement of which makes it impractical to
apply the requirements of this title to the individual
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dwelling units in the group, as an addit'bnal use by special
exception, of the plans of the dwellin• group comply with
the following conditions:
A. that the proposed dw fling group will constitute
a residential environment of sus ained desirability and
stability, that it will be in Harmony with the character of
the surrounding neighborhood - d that it will result in intensity
of land utilization no high r, and standards of open space at
least as high, as permitt =d or specified in this title in the
district in which the pr posed dwelling group is to be located,
B. that the ract of land on which the dwelling
group is to be erecte• comprises at least seventy -five
,thousand square feet
C. tha e buildings are to be used only for resi-
dential purposes - d the customary accessory uses, such as
garages, stora•- =paces and recreational and community
activities,
D. at the average lot area per dwelling unit on
the site, exc g sive of the area occupied by street, will
not be less the lot area required for each dwelling
unit in the strict in which the dwelling group is to be
located,
that there are provided, as part of the proposed
developmen•, adequate recreation areas to serve the needs of
the antic'•ated population,
Ordinance No. 77-18-0
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F. that off - street parking is provided on the basis
!of one parking space for each dwelling unit within the develop-
m ent,
G. that the development will not produce a volume
of traffic in excess of the capacity for hich the access
I streets are designed,
H. that property adjacent to the proposed dwelling
group will not be adversely affec - d,
I. that such dwellin• group not be located in an
!industrial district,
J. that the propo -ed group housing development
will be consistent with th intent and purpose of this title
to promote public health, safety and general welfare.
Section 17.30 080 Townhouses.
A. In zones specified in section 60 S of this
chapter, the planni • commission may permit townhouses as an
additional use, by .'pecial exception, under the terms and
conditions set by
in this section.
B. - rson intending to apply for a special
exception unde his section shall review the proposed project
with the plan g commission prior to submitting the applica-
tion. The pr_ application review shall relate to the compati-
bility of t project with adopted plans and policies
of the born h and the ability of the various public utilities,
services a • facilities to accommodate the project. The person
proposing he project shall be provided with a list of agencies
and util' ies that must review and approve the project prior
to acti •. by the planning commission, which shall include but
need n• be limited to:
1. Water utility or department,
2. Sewer utility or department,
3. City public works or state highway
department,
Ordinance No. 77
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4. Electric utility,
5. Fire department,
6. Kodiak Island Borough ScbOol District,
7. Telephone utility.
C. A petition for a special - xception may be filed
with the planning commission after a •re- application review
has been conducted. The applicati• shall be accompanied by
the following materials:
1. Narrative do umentation:
Ordinance No. 77 -iR_n
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(a) A leg- description of all
prop ties involved in the
project.
(b) A tatement of the objectives
e •ected to be achieved by the
p oject for the consumer and the
blic.
(c) A detailed description of all
aspects of the projects including
building types and sizes, population,
density, parking and traffic circu-
lation, building coverage and other
information which the petitioner
feels would assist the planning
commission in making this decision.
(d) All comments received from each of
the agencies and utilities that
have reviewed the project and a
statement by the petitioner descri-
bing how petitioner will resolve
or meet any problems or anticipated
adverse conditions noted by the
agency or utility. The statement
shall also itemize problem or adverse
conditions that remain unresolved.
(e) A detailed plan or program for
continued maintenance of roads,
open spaces, buffer zones,
recreation buildings and other
common areas and amenities, which
may be in the form of a suitable
homeowners' association agreement.
(f) When determined by the planning
commission to be necessary based
upon considerations of size, loca-
tion and anticipated impact on the
community of the project, the
commission may require any of the
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(f) A complete construction schedule.
(g) Utilities.
A special exception for a townhouse development
may not be ranted unless the following area and dimensional
requirements are met:
Ordinance No. 77 - 18 -0
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following:
(i) Environmental impact statement,
(ii) Detailed soil analysis,
(iii) Traffic/impact study,
(iv) Econ is impact study, and
(v) Ec nomic feasibility study.
2. Site plans nd supporting maps:
(a) A de ailed site plan, or plans, of
the roposed project showing building
to tion, vehicular and pedestrian
c culation, open space and recreation
a ea, parking layout, schematic sewer
nd water layout, and any other
information necessary to adequately
describe the project.
(•) A preliminary subdivision plat showing
proposed lot and dedicated street layout.
(c) A detailed landscape plan indicating
the type, size and location of exis-
ting trees and vegetation that will
remain after construction. Additionally,
the type, size and location of all new
landscaping shall be shown.
(d) A site grading and drainage plan in-
cluding existing and proposed topography.
(e) Building floor plans and elevations for
all structures.
1. The minimum area for the project shall be
two acres and the maximum site coverage
shall be 30 percent of that area.
2. Minimum yard requirements:
(a) There shall be a front yard of not
less than that required in the district
in which the townhouses are to be
located unless it can be shown that
smaller yard requirements will enhance
the project.
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E. To facilitate t - precise location of lot lines
at the centerline of the co on foundation and wall between
the dwellings, the plannin• commission may approve a temporary
plat of the property into a tract or tracts that must be
replatted into individu- townhouse lots. Following approval
of a temporary plat, t building inspector may issue footing
and foundation pe i)- and the owner may, at owner's sale risk,
cost and expense,
have an as -built
planning commissi.n as the final plat submitted for the commission's
approval.
F. i e planning commission shall not grant approval
to the final at or permit it to be filed as a final plat
until the own has complied with the requirements of section
16.24.020 or - xecuted a subdivision agreement with the borough
in a form su ficient to insure completion of all necessary
improvement required by the plan. If the project is to be
completed phases a separate plat shall be prepared and
approved f each phase based on compliance with the
provisions of this subsection.
Ordinance No. 77 - iR -
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(b) Side yards at walls that are not
common to any other dwelling unit
shall be not less than five feet.
(c) Rear yards shall be not ess than
ten feet.
3. Structures shall be not igher than the
maximum height permitte in the district
in which the townhous is located.
4. Two off street park' g spaces shall be
provided for each • elling unit and one
additional space - all be provided for each
multiple of thre dwelling units. The
parking areas shall be a minimun of 9 x 20
feet in dimens'on and all parking areas,
driveways and aneuvering areas shall be
paved or oth ise treated to be dust free.
struct such footings and foundations,
vey prepared and file such survey with the
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SECTION 5. Section 17.66.040 of the Kodiak Island
Borough Code of Ordinances is repealed a re- enacted to
read as follows:
Section 17.66.040 Exce•t •ns -- Grantin• or Denial.
A. The planning commis on shall conduct a public
hearing on an application for a pecial exception within
45 days after receipt of the - •plication. The decision of
the commission with regard • the application shall be rendered
within one week after the -.earing unless additional information
has been requested by th commission.
B. If the co ission is of the opinion that the
use as proposed in th application, or under appropriate
restrictions or cond will not endanger the public
health, safety o g neral welfare, or be inconsistent with
the general purp.� - s and intent of this title, the commission
shall approve h application with or without conditions.
If the propos =. will tend, in the opinion of the commission,
to endanger i any way the public health, safety or general
welfare or p- •duce results inconsistent with the general
purposes an intent of this title, the commission shall deny
the applic- ion.
If the commission determines to approve an
applicat' n for a townhouse project, it shall impose such
conditio / as it deems necessary to assure the following:
1. That the development will be in character
with surrounding developments, both
architecturally and asthetically.
2. That the site will be made to conform
with the requirements of this code and
conditions of approval in the event the
approval expires or the project fails
after it has begun.
3. That the project is adequately served
with public utilities, facilities and
services.
Ordinance No. 77 - -
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Hearing.
of the hearing,
detailing the sp
notice shall be
to the applicant
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In granting approval to a townhouse project, the commission
shall also establish a time limit within which construction
to meet the
must be commenced, completed, or both. Failu
established time limit shall void the appro -al unless the
commission, on application and review p to the expiration
1 of the time limit, extends such period for a time not to
exceed two years.
SECTION 6. Section 17 6.050 of the Kodiak Island
Borough Code of Ordinances is h reby amended to read as
follows:
Section 17.66.050 Exce•tions -- Notice of Public
A. Notice of
Ordinance No. 77- 18 -0
lic hearing on an application for
exception shall be publ'shed not less than ten days prior to
the hearing in a newsp -per of general circulation within
the borough. The no ce shall contain the time and place
cription of the property and a statement
fic exception sought. A copy of the
iled at least ten days before the hearing
and the owners of record of property located
within 300 fee of the boundary of the property for which
the exception - sought.
B. f the application for an exception relates to
a townhouse d-velopment, the planning director shall cause
the property to be posted with an appropriate sign or signs
containing nformation required in notices under subsection A
above.
SECTION 7. Section 17.66.190 of the Kodiak Island
Borough ode of Ordinances is hereby repealed and re- enacted
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to read:
Section 17.66.190 Appeal - Record. All appeals from
the planning commission shall be on the record supplemented
only by oral argument or briefs from the parties. The record
shall consist of a tape or transcript of the hearing, relevant
maps and all other documents submitted to the commission by the
staff or the applicant. The record shall also contain a report
of the decision or recommendation of the commission and the
reasons for that decision or recommendation.
ATTEST:
Boroug C er
FIRST READING D APPROVAL DATE: July 7, 1977
SECOND READING PUBLIC HEARING: al-se • 4, i/71
EFFECTIVE DATE:
Ordinance No. 77-18-0
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KODIAK ISLAND BOROUGH
By:
Borough Mayor
By:
Presiding Officer