CHAPTER 17.20: KNIK SLED DOG AND RECREATION SPECIAL LAND USE DISTRICT

Section

Article I. General Provisions

17.20.010    Intent

17.20.020    Establishment of district; map adopted

17.20.030    Conformity with regulations required

17.20.040    Permitted uses

17.20.050    Conditional uses

17.20.060    Prohibited uses

Article II. Additional Provisions

17.20.070    Development standards and requirements

17.20.080    Trails and rights-of-way

17.20.090    Variances; applications and procedures

17.20.100    Appeals

17.20.110    Amendments

17.20.120    Violations and enforcement

ARTICLE I. GENERAL PROVISIONS

17.20.010 INTENT.

(A)    In the face of increased expansion and population growth in the historic Knik community and the southern Knik area, the Knik sled dog and recreation special land use district (Knik district) seeks to preserve and protect the existing community and homestead lifestyle and to provide for the planned and orderly growth of the Knik area. This lifestyle places a high value on outdoor, historical, traditional recreational and agricultural uses which include, but are not limited to, recreational uses that often occur on dedicated trails and public lands.

(B)    This special land use district recognizes the boundaries as established in the Knik-Fairview comprehensive plan, and implements land use regulations to ensure compatibility between various land uses. In addition, the Knik district specifically allows the keeping of kennels and sled dog teams only on parcels or contiguous parcels occupied by the dogs’ owners or caretakers.

(C)    This special land use district is intended to protect the homestead lifestyle, historical uses, and reserved trails within the Knik district. In keeping with the desires of the majority of its land owners and residents, and without depriving them of the use of their land, the special land use district encourages recreational users to utilize legal rights-of-way and avoid trespass on private property. Upon development of the area, this special land use district encourages developers to recognize and dedicate reserved trail rights-of-way where appropriate (1997 Knik-Fairview Comprehensive Plan, page 68, Ord. 97-003 (AM)).

(Ord. 09-014, § 2, 2009; Ord. 08-161(AM), § 2 (part), 2008)

17.20.020 ESTABLISHMENT OF DISTRICT; MAP ADOPTED.

(A)    There is established a special land use district, which shall include a portion of the territory lying within the Knik-Fairview community council area, designated as the Knik sled dog and recreation special land use district and further described in subsection (B) of this section. This district is described in the 1997 Knik-Fairview Comprehensive Plan (page 45) and is a subsection of the Knik-Fairview area.

(B)    The Knik sled dog and recreation special land use district includes the following area:

(1)    Township 16 North, Range 3 West, Seward Meridian, Alaska; Section 1, All; Section 2, All; Section 11, All; Section 12, All; Section 13, All; Section 14, All; Section 15, All; Section 16, All; Section 17, All; Section 18, All; Section 19, All; Section 20, All; Section 21, All; Section 22, All; Section 23, All; Section 24, that portion lying north of mean high water of the Knik Arm; Section 25, that portion lying west of mean high water of the Knik Arm; Section 26, that portion lying west of mean high water of the Knik Arm; Section 27, All; Section 28, All; Section 29, All; Section 32, All; Section 33, All; Section 34, All; Section 35, that portion lying west of mean high water of the Knik Arm.

(2)    Township 15 North, Range 3 West, Seward Meridian, Alaska; Section 3, that portion lying west of mean high water of the Knik Arm; Section 4, that portion lying north of West Point MacKenzie Road; Section 10, that portion lying west of mean high water of the Knik Arm.

(3)    Township 17 North, Range 2 West, Seward Meridian, Alaska; Section 31, All; Section 32, N1/2, SW1/4.

(4)    Township 16 North, Range 2 West, Seward Meridian, Alaska; Section 6, All; Section 7, NW1/4, S1/2; Section 17, that portion of the S1/2 lying west of mean high water of the Knik Arm; Section 18, All; Section 19, that portion lying north of mean high water of the Knik Arm.

(C)    Copies of the map are on file in the office of the planning and land use department and are entitled “The Knik Sled Dog and Recreation Special Land Use District.”

(D)    Regardless of the existence of copies of the official land use office maps, which may from time to time be made or published, the official land use map shall be located in the planning and land use department and shall be the final authority as to the current land uses allowed on lands, water areas, buildings, and other structures within the Knik sled dog and recreation special land use district.

(E)    No changes of any nature shall be made in the official land use district map or matters shown thereon except in conformity with the procedure set forth in this chapter. Any unauthorized change of whatever kind by any person or persons shall be considered a violation of this chapter and punishable as provided by law.

(Ord. 08-161(AM), § 2 (part), 2008)

17.20.030 CONFORMITY WITH REGULATIONS REQUIRED.

(A)    No building, structure, land, or water area located within this special land use district shall hereafter be used or occupied, and no building, structure or part thereof shall hereafter be erected, except in conformity with the regulations specified in this chapter.

(Ord. 08-161(AM), § 2 (part), 2008)

17.20.040 PERMITTED USES.

(A)    Agricultural Pursuits. Agricultural pursuits including the raising of animals and livestock for sale, lease, personal use or consumption and the boarding of animals, as regulated under MSB Title 24, Animal Care and Regulation, are permitted within the Knik district.

(B)    Sled Dogs and Dog Mushing. The keeping of sled dogs is permitted within the Knik district only on parcels or contiguous parcels occupied by the dogs’ owners or caretaker(s). Dog mushing and similar activities, such as running sled dog tours, sled dog racing, skijoring, freighting, weight pulling, or giving mushing instructions for sport or paid service are permitted within the Knik district. Compliance with MSB Title 24 is required.

(C)    Recreational Uses. Recreational uses including boating, fishing, hunting, trapping, snow machining and off-road motorized vehicle uses are permitted within the Knik district, subject to local, state and federal regulations.

(D)    Those uses not identified as conditional uses or prohibited uses are permitted.

(Ord. 08-161(AM), § 2 (part), 2008)

17.20.050 CONDITIONAL USES.

(A)    The following uses are permitted by obtaining a conditional use permit:

(1)    All borough-wide conditional uses in MSB Title 17.

(2)    Permitted uses as stated in MSB 17.20.040(A), (B), and (C) are exempt from MSB conditional use permits.

(Ord. 08-161(AM), § 2 (part), 2008)

17.20.060 PROHIBITED USES.

(A)    The keeping of sled dogs on parcels or contiguous parcels that are not occupied by the dogs’ owners or caretaker(s) is prohibited.

(Ord. 08-161(AM), § 2 (part), 2008)

ARTICLE II. ADDITIONAL PROVISIONS

17.20.070 DEVELOPMENT STANDARDS AND REQUIREMENTS.

(A) Table 1 identifies development standards for the Knik sled dog and recreation special land use district which are intended to provide buffers between residential, commercial and industrial land uses.

Table 1: DEVELOPMENT STANDARDS AND REQUIREMENTS
 

CATEGORY

STANDARD

Buffering for Commercial and Industrial Uses

Adequate buffering and separation shall be required between new large-scale commercial and heavy industrial development and all other land uses.

Adequate buffering shall be provided through retention of native vegetation, privacy fencing, vegetative buffers, or earthen berms. Privacy fencing shall not exceed eight feet in height. Chain link fencing with privacy slats is permitted.

A 20-foot-wide vegetative buffer shall be provided along the perimeter of the large-scale commercial and heavy industrial property along the lot lines of the property. The vegetative buffer area shall consist of primarily native vegetation, existing or proposed, and shall visually screen the area from public view. Fifty percent of the trees shall be evergreen. One tree shall be placed on center every ten feet. At planting, trees should be at least three feet in height.

Berms shall not exceed six feet in height along local streets and eight feet along collector and arterial streets or railroad rights-of-way. Berms shall not impede the natural drainage pattern or cause snow drifting in roadways. The maximum slope shall be 3:1. The crest area shall be a minimum of four feet in width. The slopes shall be protected to prevent erosion by trees, shrubs and groundcover. The toe of a berm over three feet in height shall be set back at least five feet from any property line, unless when abutting public right-of-way.

No part of the buffering shall encroach into a public right-of-way or easement.

Lighting

Glare and illumination associated with exterior lighting shall be contained on the subject property and not impact adjacent properties, lands and the night sky. Exterior lighting shall be located and shielded to direct light towards the ground. Glare shall be shielded from vehicular traffic and not impair traffic safety. Street illumination and other fixtures mounted higher than 20 feet shall have downward directional shielding.

The director may allow directed exterior sources of illumination when a determination is made that personal security is an issue, special security needs exist, emergency services needs exist, or where public safety is compromised. The director may consider specific site characteristics, level of vehicle and pedestrian conflict, and special security needs in making a determination.

Lot Size

Meets MSB Title 27. Minimum lot size of 40,000 square feet. Can decrease lot size below 40,000 square feet with community water or sewer.

Setbacks

A setback of 30 feet shall be established and maintained between new large-scale commercial and heavy industrial structures and the property line of the nearest existing land uses.

(Ord. 08-161(AM), § 2 (part), 2008)

17.20.080 TRAILS AND RIGHTS-OF-WAY.

(A)    Intent. The intent of this section is to preserve reserved trails and encourage the dedication of new public trail easements where appropriate to create an interconnected trail system and protect the recreational activities unique to the Knik district. Some of the known trails in the area are: Iditarod National Historic Trail, Herning Trail, 3-Mile Lake Trail, 16-Mile Trail, Big Lake to Knik Loop Trail and the Sunset Trail.

(B)    Reserved Trails.

(1)    All easements of record, including but not limited to trails dedicated in the MSB Recreational Trails Plan and reserved trails, are required to be shown on preliminary plats as described in MSB 27.15.040. Other subdivision actions not requiring a preliminary plat, including but not limited to waivers and 40-acre exemptions, require submittal of a certificate of plat which shows all easements of record.

(2)    For vacations or relocations of reserved trails and reserved trail access, including road expansions, a subdivider or government entity shall follow the process in MSB 27.15.110, Vacations, and MSB 27.15.120, Section line easements and state-recognized RS-2477 easement vacations.

(C)    Trails without Reserved Status.

(1)    Any land owner, user group or other persons desiring to initiate an action to reserve and legalize a trail without reserved status shall follow the process for right-of-way acquisition and legalizing trails for public recreation use, established in the MSB Recreational Trails Plan, March 2000, 7-3.

(2)    Trails identified in the MSB Recreational Trails Plan, March 2000, as regionally significant or locally significant and additional trails nominated and added to the plan have highest priority for borough action to establish or acquire public easements or dedication.

(Ord. 08-161(AM), § 2 (part), 2008)

17.20.090 VARIANCES; APPLICATIONS AND PROCEDURES.

(A)    Applications and procedures for variances under this chapter shall be as prescribed in MSB 17.65.

(Ord. 08-161(AM), § 2 (part), 2008)

17.20.100 APPEALS.

(A)    Appeals from decisions of the planning commission may be made under the provisions of MSB 15.39.

(Ord. 08-161(AM), § 2 (part), 2008)

17.20.110 AMENDMENTS.

(A)    The regulations, restrictions, and boundaries set forth in this chapter may from time to time be amended, supplemented, changed, or repealed pursuant to the requirements of MSB 15.24. Any amendments shall be consistent with the Knik-Fairview comprehensive plan. The Knik-Fairview community council shall consider proposed amendments and provide recommendations to the planning commission.

(Ord. 08-161(AM), § 2 (part), 2008)

17.20.120 VIOLATIONS AND ENFORCEMENT.

(A)    Except as otherwise specified in this chapter, violations of this chapter are infractions.

(B)    Remedies, enforcement actions, and penalties shall be consistent with the terms and provisions of MSB 1.45.

(Ord. 08-161(AM), § 2 (part), 2008)