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1998-09-21 Council Packet - Work Session
Kenai City Council J o int Work Se~~ion September 21, 1998 Kenai Historic Planning and City Council D i ~tr i ct Board Zoning Commission KENAI CITY COUNCIL HISTORIC DISTRICT BOARD PLANNING/k ZONING COMMISSION JOINT WORK SESSION SEPTEMBER 21~ 199 8 7:00 P.M. KENAI CITY COUNCIL CHAMBERS ITEM A: CALL TO ORDER ITEM B: DISCUSSION o Role of Historic District Board Preservation Plan Review ITEM C: ADJOURNMENT ADDITIONAL ITEMS OF DISCUSSION a. Cunningham Park -~ Engineering Fee -- $12,000 Improvements -- $100,000. be Sears Store update Ce Alec Brindel/Columbia Ward/Ward Cove Packing Closure do Coast Guard Parmership TO: FROM: DATE: RE' CITY OF KENAI 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-283-3014 ~ 1992 MEMORANDUM Mayor and Council Members Carol L. Freas,.C.ity Clerk City of Kenai ~ // May 29, 1998~ HISTORIC DISTRICT BOARD RE(~~$TED INFORMATION During your May 20, 1998 council meeting, information was requested in regard to direction given to the Historic District Board and other general information. Attached please find the following: . . . 10 / 29 / 97 JW letter to Historic District Board members. 10 / 30 / 97 RAR memorandum regarding options available to Council regarding Townsite Historic Zone issues with MK memorandum regarding CLG requirements attached. 11/17/97 HDB meeting minutes regarding comments and direction made by Mayor Williams to the Board. 1997 Annual CLG Report. clf Attachments October 29, 1997 H~TORIC DISTRICT BOARD CON'CERNS~ The Kenai City Council requested I correspond with you to congratulate you as a member of the Historic District Board on the Board's past successes, i.e. grant acquisitions, recognition received, and projects completed. The Board's work, along with local service organizations, has been recognized by many members of the community as well as the Council. Also, this letter is written to express Council's areas of mutual concern in regard to the operation of the Board. It was noted in the Board's October meeting minutes and reported by Councilman Moore and City Attorney Graves, the Board would like to have a "stronger role" in the planning process of Old Towne and that the Board believes it "lacks any real regulatory authority," and its function is not clear, "Who am I and why am I here?" When a group of citizens present a compelling case to the Council to cause the Council to form a new group and the Council accepts the responsibility of oversight and funding with city dollars to the degree required, then the newly formed group becomes the responsibility of the City. So it was with the formation of the Historic District Board. The Council believes it is the responsibility of the Board to carry out its task and responsibilities of development and implementation of the program that initially brought them so passionately to the Council. It is not the Council's responsibility to plot the course for the Board, but rather the other way around. The Board must develop and seek the course for the Council for implementation of its plan. However, every board, commission, or committee must remember the final decision for its future rests with the Council and the Council only. The only exception is the City's Planning & Zoning Commission, which has regulatory powers granted to them by statute and ordinance, and who has broad responsibilities and must participate in the October 29, 1997 Page 2 regulatory authority of the Alaska Public Offices Commission (APOC) with regard to full disclosure, conflict of interest, and financial revelations. The Historic District Board does not fall within the purview of the APOC and therefore, has no direct responsibility of implementation or authority to decide other than as an advisory group presenting facts to the Council. Other than the Planning & Zoning Commission, there are no other boards, committees, or commissions of the City that has authority to make binding decisions, lEven decisions of the Planning & Zoning Commission may be overturned by council through a Code-defined appeal process and public hearings. The Council is the elected body and must protect at all costs, the viability of the City. The Council is answerable to all of its 7,000 citizens. The Council is ultimately responsible for litigation if things go wrong, i.e. Pelosa. The Council makes all final decisions. The Council must blend the program into both the city's present and future needs to see if the program truly fits and can benefit some, most, or all the citizens and to what degree. In the past, you, as a Board, have presented your plans and I believe, have succeeded in carrying out most of those plans. The Council, as a result, is somewhat mystified as to the call for more responsibility and authority. Another concern of council is the inability of the Board to meet on a regular basis and to retain its membership. The Board was formed under the city ordinances regarding boards, commissions and committees. In the creation of the Board, special considerations were given regarding membership, city residency of its members, and the number of board members. KMC 14.20.105 was written to accommodate your Board. Having been formed, it is the responsibility of the Board to adhere to the established ordinances and all other laws of the city, state, and federal government and to maintain its membership, conduct its meetings with quorums, report to council on a regular basis, and advise other boards, committees and commissions who may have overlapping responsibilities in the same area of the Board's plans. Following is direction as to the future of the Historic District Board: Refresh the Board's plan of operation for its continuation as a duly recognized board within the city. Present the plan to Council. e Clearly understand there will be no transfer of responsibility or authority regarding final decision-making to the Historic District Board from the Council. e The Board's "role" in the planning of the Townsite Historic District is subservient to that of the Planning & Zoning Commission and ultimately the City Council. This will not change. October 29, 1997 Page 3 , The Board's membership must be reformed with citizens who are objective, wish to serve, and who can commit their time and energy to the Board's work. If interested people are found, they must submit an application for appointment to the Board through the Kenai City Clerk. Appointment is made by the City Council only. . The Board must meet on a regular basis as prescribed by Kenai Municipal Code. If it is the feeling of the Board that fewer official meetings are required, a request may be made of the Council for consideration. Remember, every time you meet, it costs the city of Kenai tax dollars, whether you have a quorum or not. I have included information that will be distributed to the Kenai City Council for their review in their November 5, 1997 meeting packet. The information includes a cover memorandum from City Manager Ross, as well as a memorandum from Marilyn Kebschu11 in regard to the Certified Local Government requirements for a historic board. Council requested this matter be researched in regard to the future of the Board. In conclusion, the Council has appreciated the work you have done as a member of the Historic District Board and hopes to support your future efforts for the betterment of Old Town. If you have any questions regarding any of these matters, I encourage you to visit with the Council during a regularly scheduled meeting in the near future. CITY OF KENAI, John J. Williams Mayor JJW/clf CITY OF KENAI 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-283-3014 ~ 19~2 mOran /um Date: October 30, 1997 To~ From: Mayor and Council Richard A. Ross, City Manager Townsite Historic Board As you directed, Ms. Kebschull has researched options available to the Council as it works with Townsite Historic Issues. Ms. Kebschull's attached memo is very informathte and I request your review of it. Also attached are copies of the ordinances of the City of Seward and the City of Juneau, both of whom went through problems similar to those experienced in Kenai (i.e. lack of quorums). Neither Seward or Juneau have given regulatory authonty or mandatory review authority to their histodc boards. Requirements for certification of a CLG program are attached. The requirements are met by the Seward and Juneau ordinances. As you review their orOinances, you will note that the Kenai ordinance is broader in scope and greatly exceeds the requirements. Should the City Council determine that it did not want to participate in the CLG program, it could do so. This would result in loss of recognition of the program and ineligibility for grants. Neither Seward or Juneau chose that approach in dealing with the problems they were experiencing. You may want to talk to your counterparts in those communities as you consider alternatives. Attachments RAR/kh CITY OF KENAI "Oil Capital of Alaska" 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE: 907-283.7535 FAX: 907-283.3014 Memorandum Date: To: From: October 29, 1997 Richard A. Ross, City Manager Marilyn Kebschull, Administrative Assistari , ~ TOWNSITE HISTORIC DISTRICT BOAR~LG REQUIREMENTS I contacted the Office of History and Archaeology (OHA) in Anchorage and spoke with Joy Bryant-Dolsby to determine what the Certified Local Government (CLG) required in regard to the TSH Board. Ms. Bryant-Dolsby was very helpful. Initially, she recommended that I contact the cities of Juneau and Seward as she felt they had faced difficulties similar to what the City of Kenai has with regards to quorums with the TSH Board. The City of Juneau, Gary Gillette, advised that they have a Historic Resources Advisory Board who advises the council and Planning and Zoning Commission. The board has seven members. This is not a decision-making board and act only in an advisorg capacity. They have seven membem and am scheduled to meet lwi~ a year with no set schedule. Mr. Gillette advised that should the need adse, they call special meetings. The City of Seward, Rachel James, advised that when Seward was originally c.~rtffied, they us~ their Planning and Zoning Commission in the capacity of the Historic District Board. However, they had found that this didn't work and have e~tablished a Histodc Preservation Commission. Their commission has seven members and meets four times a year .... Both Seward and Juneau's boards act in non-regulatory capacities. Ms. Bryant-Dolsby advised that she spoke with Judith Bittner, the State Historic Preservation Officer, asking what options were available to the City of Kenai. Ms. Bittner stated she would work with the city. with any arrangement that would 10/29197 Memoranaum 2 accommodate the city's needs. Bittner stated the city could utilize the Planning and Zoning Commission to fulfill the historic proservation commission requirements. If the city decided to utilize this arrangement, it would be necessary to have commission members who could fulfill the positions of architect, amheologist, and historian. If the Planning and Zoning Commission did not have members who could fulfill those positions, the ciht would nec~ to enlist community membem who could act as consultants in those areas of expertise to the Planning and Zoning Commission. Ms. Bittner advisc~l she would prefor the c~ did not use this option as others have found this can become convoluted and the P&Z Commission may not have preservation as a priority. It is Ms. Bittner's recommendation that the c~ consider reducing the number of members on the TSH Board which may help to establish quorums. The CLG requires 7 membem; however, Ms. Bittner stated she would consider a board with less than the 7 members if that was necessary. In addition, historic commissions am only required to meet lwico yearly. In reviewing the city of Juneau and Seward's code relating to their historic commissions, I notc~l that they ar~ less specific when listing the commission's duties and responsibilities. It appears they have basically outlined the requirements noted in the CLG guidelines. Kenai may want to consider reviewing this section of the KMC to bdng the code in line with the CLG requirements. Any changes to the current configuration needs to take into ,consideration CLG requirements which are the responsibility of the body which acts as the histodc preservation commission. This includes developing a preservation plan. The Planning and Zoning Commission may not have the time or expertise to complete this plan. In conclusion, the following options are a available: · Move the historic preservation commission responsibilities to the P&Z Commission using consultants in the community for the areas of expertise as needed. · Reduce the number of members on the TSH Board. · Reduce responsibilities of the TSH Board by modifying the ordinance. · Reduce meeting dates. CLG requires twice a year. REO. UIR~EN'i'S AND RESPONSIBILITIES OF T'HE CLG'S There are five basic recluiremen~s set out in 31~ C~R ~1 for cemfica;ion under tl~e CLG I=rogram. They are as follows (with additional AlasKa r.e(~uirement$i: THE LOCAL GOVERNMENT MUST "~nforce approt=riate State or local legislation for desicjnafion and protec~on of historic i=rol=er~es." al Tl~e Local Govemmen~ Shall: enforce the Alasi~a Historic Preservation A©'~, Whenever aDproPriate. 2~ The Local Governmen~ Shall: devise and enforce a local hi~oric preservation ac~, law, or ordinance. · · ~-~i~: L~ C,~i~'"' ~V ~.~i~i MENT MLTS~"E~taf~~'ah' ~e~a~e ai~d ~uaiif~ed historic I=reserva~ion review commission by State or local legislation." a~ The Local Government Shall' establish regulation mandating :he commission, if such is not already in place. Some communities and boroughs have historical commissions already working toward local I~reserva~ion I=roiects. These communities and boroughs may adal=t ~eir commissions for the CLG projects. bi The Local Government Shall- make a reasonable effor~ to compose its commission of the following members tq the.....e~ent feasible..- 1 architect or historical architect, 1 arct~aeotogis~, 1 historian, and at least ~ other peal=tO {for a minimum ~o~at of 7), an~ as many other peol=te as the Govemmen~ feets.are necessary to coral=leto the memt=ership. The commission members should include indigenous ethnic graua memt~ers and individuals who have demon~-'a~:ed s~eciai in~ares~ or eXl=erdse in his~ry, architecmre;-or.a-'retated d~cil=tine-~l:o include, but ia not limited to, anthropology, economics, planning, law, oral history, grants adminis~ra~on, or o~er$ to be decidec[ by the Sta~e Historic Preservation Office on a case by case basis). T'ne commission members will serve three-year terms a~ staggered intervals. No limit is placed on the number of terms a member may serve, however, tBe commission may i=tac~ such restrictions on it~ own m~mb~rs if it so wishes. The commission shall meet a minimum of 2 times .~r year. The commission c) rnav, at its ciiscretion, retain a consultant in orcier ~o meet ~he professional rec~uirernents. Tha~ consultant must be c[ualifieci'under the stan0arcts defineci in At~pendix A of St~ CI~I:[ 61. The Local Governmen~ Commission Shall: develol~ a local historic preservation plan - ~o i.-ctude provision for idenrifica~on, protec'don and im:ercreta-',Jon of the area's significant resources. Such plan is to be coml~a~ible wi~ the Alaska Hi~ortc Preservation 'Olan, and to I=roduce informa~on coml~a~ibte wi~h and for the Alaska Heritage Resources Survey (AHRSi. iii review and make recommendations, about lo.cat projects [ha[ ~,igh~ a~ec~ p~op~'r~ies 'iden~ie'a in [he'" niStor~.c pres- ervat'ion plan. 'This refers only =o proiec~s not covereO under existing s~a~e anct federal review. iii) review and deveiot= nominations to the National Register of Historic Places for prol=er~fes within its jurisdiction. 3} THE LOCAL GOVERNMENT MUST "Maintain a system for the survey and inventory of historic i=rol=erfies." a) The Locat Governmen~ Shall- maintain a basic :vorking inventory of the resources in the local area in conjunction ,,vith tine local historic I~reserva~on l=tan. Subsequent :o The develol~ment anci implementation of the plan, survey and inventory will be an ongoing process in the CLG. b) ct The Local Governmen~ Shaft- establish an invenzory system compazible with the AHRS: informaaon is To be SUl)l=tiect ',o the Alaska Heritage Resources Survey (AHRS} staff in the State Office of History and Archaeoto~jy, Division of Parks and Out~loor Recreation, on AHR$ forms. The Local Government Shaft' maintain the data in a file to be released on a need-to-know-basis =o planners, lano managers, qualifiecl researchers, etc., otherwise, site Ioca~on informa~on should be held confidential t~ protec~ sites from possible vanciatism. THE LOCAL GOVERNMENT MUST "Provide for adeclua~e l=ui=tic pamcil=a~ion in the local historic preservation I=rogram including =t~e I=rocess of recom- mending pro!=erdes to the National Register." The Local Oovernmen: Shall: provide for public participation development anct review of the local historic oreservat~on The Local Governmen: Shall: send out nominations :o the National Register of Historic Places to al~prol=riate groul=stindividuais for review before submi~ng the nomination to the Sta~e Historic Preservation Officer ($HPOI for the Alaska Historical Commission (AHC~ review. ct The Local Government Shall: maintain minutes of ail meetings and records of omer actions undertal~en t=¥ The commission. THE LOCAL GOVERNMENT MUST "~atisfac~oriiy perform the resl=onsibiiities detega~eci to it under the Act." The Local Government Shall: provide a draf~ preservation =tan for SHPO review. of the local historic The Local Govemment Shall: provide annual rel=or~$ of .all ac=ivifies to the SHPO. This is to include information on the CLG's fiscal management of HPF monies. For requirernenzs concerning fi$cat management, see the Funds Transfer Guidelines section. c~ The Local Government Shall: provide annual uo~ates of AHRS informa- tion to tt~e Office of History and Archaeology. d~ The Local Government ~hail' provide a commission memi~er tis~ anc~ memt~er's qualificaaons 1:o the SHPO every other year. e! The Local Government Shaft: provide the Alasxa State Library system with the aol~rol=riate number of co!=ies of any survey reoor~s directly Ul~on receiving an al=l=rovai of the rel=or~ from -..~e SHPO. The annual and biennial information to be sul=ptied to SHPO may be consolidated into one re~)or~ subrni~ed to SHPO. as tong as ~he AHRS information is easily detachable. %0-27-I~-97 !I'46AM ,~,~OM S:~mr: EnBr & Uti 1 itie: TO " NA1URE SAVER" TAX MEMO 01616 for ). 4. advi~ pmaiui~g to tl~ ,=.81 f 2.30.42.5 and ~ link3 ~l~magb term of th~ vacanc~ S~t~p ~ No. 9 Y. l 07/.97 :ff'the commi~;~ shall be se.t~ ann~y'by the ~ members. (Ord. f office; f'dling the historic pre--traCon commis~'on shail be appoin~ for a mn~ of z ~ term~ of ~ at:~innn~ut~ shall ~ ~ ~o t~t a~ ~y mm~ of m~mt~-~ ~ 1~ al~oin~ for each y~a.r. ~qzh the appra~ of rJ~ city council, may appoint_ aay qualifi~ person to t'gl ~t~r of th~ ~ provided tim tl~ aPl~innn~m: xhall I~ for tho B. T~¢ mayor, a vamncy of any n~ possible a pro raza~ A. Mean~ ol years, provid~ · 2.30.41~ ¢. A chaizman 94-04) A. ~ of ~ ~ ~, who ~ ~ no~ by ~= myor ~ ~~ ~ me ~ ~~. No o~ ~ ~~~ of ~= d~ my ~ ~~ a m~~ of ~ co~on pmr~o~ ~~~~.~~.- . . ~-- ~ -- ~ip~~ of th=se ~n~ ~;,, ~ .~;~~ __- .... . ,~, ~~lo~, aen ~~~ m · Y ' 'c~~~on~m~~ qu~~ u~ ~.. s~ d~~ ~ ~ A of 36 ~-~ 61. 2;.30.410 Arf:i~e 4. llIsioric ~ the crd~tcnce of ~/ ~ m exi~witt - IL 'll~lxm~ .appruval by a~ a~ §§ 5, 6, 1986; 3.I 1.. Deveto ) a local ~ plan that will include provisions for idautii~cation, pmte~on and inxerpmmfion, of the ama s _~i~h~n~_ remunms. Such a.plan is m be compatible with the ~ ~c ~ Plan and mproducc i-formmion compatible wid~ and for the Alaska Heritage _Ya?our~ Survey. · 2.. suxyc l.and c xn=x t? historic archixe u and within thc community. · 3..R~~tand ~ m tl~ ~ ~ ~a ofl~~.oa all Register nominatiqns for ~ within tlm com,--,,~'y arm. 4. Act in,aa 3dvi~ry m~e m other officiah and de.unreels of loc~ regarding ~ id~ffimo= and Im:r, ne~n of local hi.~ri¢ and amhm~logical 5. Work tctwani thc confimgng education of cifizc~ ~garding local historic preservation aad commumiq' J~m~'. . 6. Suppor/,' the enforccmer~ of the Alar~ Hi.tic Pm.scrv~on Act, A~ 41.35. 7. Revicw tloc~ projcc= and mcommea2dafions aboLu tim effect on propert/c~ identified in the local hi~d~ pr~crva~n B. Thc commission shall have no author/~ to expend or commit city fimds without f'u~ ' oblaining at~mval by and any n~ at~mp~o~ from tl~ ¢i~ council. (Ord. 9~) ,--~OM ~aro En~r & Utili~ie~ TO 1907283Z014115 ,=. 03 Chapter' 15.15 AND LAND ~ISE ~EGULA~IONS Historic Pr~ation § 15L1S. 020 15.15.015 Sewan 1~.]~. 020 Hlstor: · 15.15.010 Purpme. ~ g~ of ITlstoric Plac~ established. ~tion is ~ to promote the educational, cultural, economic and gen~rat ~mcs of Seward which tep~~t elements of thc city's cultural. ~olidcal and an:~ral h~ry. (Ord. 95-10) 15.1~.01~ Sewan Reits~er of Historic Places established. A. A Seward Regi~r of Historic Plac~ ii hereby c.smblisheci to provide for public recognition of loc cuttur~ resources worthy of prese~on. B. Criteria for ~lection and ptacamcnt on the Register of Historic Places shall be set by re, solution of the } istoric Preservation Commission. · C. The Hist= ic Preservation Commission shall reco~end nominations to thc Re,mr of Hiszoric Plac~ to Id~¢ City Couadl. D. Nomiaafior ~ to th~ Ragister of tY.t~ric Places shall be approved by re, solution of the City · 15.15.010 Purp~ !:nstoric pmsev wclfarc of th= c~ historic and ~ social, economic, Councit. (Ord. 9t-I0) ~$.15'020 Histo~c d~t~ct estabr~shed. I . 'A. The histori~ district of thc City is astabli~h~ to define tho~c re'ma of thc City that meet state or fcdc~ startdaxcis for ttistoric d/stricts or that otherwise have special historic significaacc hatBmenta addmo_~ coui~dcmuon in land use rcgulation. : .' The City C~uncit shall, by resolution, establish and dcfmc those ~ to be included in thc historic district. . C. Critcna fortsalcction and piacem~t on thc iht of historic districts within thc City shall be sea by resolution o~ thc City Council. D. Upon dcsigpation, thc historic district shall be classified as aa Overlay District H - Historic District on thc official zoning map of tha City of Seward. (Ord. 95-i0) Supplement No. 977.1 07/97 15 - 39 City of Seward (d) Rol~n'~ R~ § 2 ADMINISTRATION AND COMPLIANCE ;~Ost-it' Fax Note 7671 under 87-49 49.10.400 SUBDMSION REVIEW COMMiTi-EE. (a) Estab- lishraent and,,~Purpose. Them is established a sutxiiv!b~view committee for ~and. borough of Suneau wheser'purpose is to provide comments on ~~sions and to assist the depamnent staff in review of ~l:divi~iom. '--. (b) M~ml~mhip. M~ral~r~hip Shag.-con~i~t of a minimum of four mcml~m of th~ commission appointed'by....th~ chair of the commis- sion..-" "- (c) Officers. The .e.o~tt=e shall elect a c~mo conduct th~ meetings and a v/'c~ chair to serve in the chair's absenc~;-~, (d) M~fings. Meetings shall be held aa ncceasary, and sltall be prcc=d~d"by at le,~t th~= days' public notice. (Serial No. 87-49 § 49.10.410 HISTORIC RESOURCES ADVISORY COMMIT- 'l-P,~. (a)E~tablishment. There is established thc Juneau historic r~ourc~ advisory commime. (b) Membership. The committee shall consist of seven members appointed by thc assembly. Mcm~rs shall be appointcd for a tem~ of three years. One member shall be an architect or. if no architect seet~ mem~rst'fip, the amt~itect on the d~ign review board shall ~¢rv¢ a~ a voting ex officio mcml~c one member ~all ~ a licensed contractor or, if no licensed contractor seeks meml~r~hip. ~e li- censed contractor on the d~ign review ~ard shall serve ~ a voting ' ~x officio membec one shall be an.hi~wrian, one shall be an archae- ologist, one shall be a person knowledgeable in the customs and tanguage of the Tlingi£ and Haida people, one shall be an owner of locally recogmzed historic property, and one sh~t.1 be a member of the general public. _.. 43 $ ~ju~u 2.~) ADMINISTRATION AND COMPLIANCE (c) Officers. The committee shall select it~ own officers. (d) Meetings. The committee shall meet a minimum of two times per year. Adequate public notice shall be provided for each meeting. (e) Staffing. The depamnent shall provide such staff support and assistance as the committa¢ may require to the extent funds are available. (0 Dudes. The duties of the committee shall include: (1) Reviewing and malting recommendations about local projects that might affect properties identified in thc local historic preserva- tion plan: (2) Reviewing and developing nominations to the National Register of Historic Plies for properties within the city and borough of Juneau: (3) Cooperating and comulting with the Juneau historic district commission, the commission, the design review board and ~e Alaska historic site~ advisory committee on all matters concerning historical dismcts and historic, prehistoric and az'ch~logical preser- vation in the city and borough of Juneau; and (4) Performing other actions which are nece~ar~ and proper to can-y out the above dufie~. (Serial No. 9341 {}§ 3--5. 1993: Serial No. 87-49 § 2 (part). 1987). Article V. Community Development Director 49.10.500 COMMUNITY DEVELOPMENT DIRECTOR. Except as otherwise provided in this title, primary responsibility for administering and erfforcing this title is assigned to r, he director. The director may delegate these'responsibilities to appropriate members of the department. (Serial No. 8749 § 2 (part), 1987). 49.10.510 APPROVALS. The director is aumorized to approve minor subdivisions and to issue department approval under Chapter 49.25 of this tide. (Serial No. 8749 § 2 (part). I987). 439 the business owner or the type business. Wik stated she didn't review the walking tour so doesn't have a comment. Huhndorf again apologized for the omission and reiterated that it was not intentional. Kluge stated that once the walking tour is developed and printed, the Board wouldn't want to modify it when and if a business changed in Old Town. Kluge recommended that the business names be removed from the walking tour to eliminate the need for modification as businesses change. KLUGE MOVED TO STRIKE ALL BUSINESS NAMES FROM THE WALKING TOUR. MOTION SECONDED BY WIK. VOICE VOTE - ALL IN FAVOR, MOTION PASSED UNANIMOUSLY '8. .REPORTS- None 9. INFORMATION d. Council Agenda (10/15/97/h 11/5/97~ e. Preservation Advocate News 10~ARD QUESTIONS AND COMMENTS Gray reported that the next regular meeting is scheduled for December 15, 1997. Clausen reported that she would not be available. It was suggested that a_work session be held instead as without Clausen there would not be a quorum. KLUGE MOVED TO REQUEST THAT COUNCIL CANCEL THE REGUL~ SCHEDULED MEETING OF DECEMBER 15, 1997 AND TO SCHEDULE A WORK SF~SI.ON THAT DAY AT 6:00 p.M. MOTION SECONDED By WIK. VOICE VOTE. ALL IN FAVOR, MOTION PASSED UNANIMOUSLY. The next regular meeting is scheduled for January 19, 1998. Gloria Wik asked if the letter from Mayor Williams would be incorporated into the minutes. Wik felt it should be part of the record for future reference. Mayor Williams stated there was a lot of other material from other locations who run historic societies that should have been sent with the letter. The letter was provided to show that even though the structure is the way it is, it can be changed. Council would like to see the Historic Board as a successful committee but over the past couple of years there have been some ups and downs. There have been times when it becomes relatively successful, then it Historic District Board Meeting November 17, 1997 Page 4 wanes and wanders. This is not the way a good committee should operate. If there are changes that should be made then the request needs to be submitted. Mayor Williams referenced his first comment with regard to what the Board should do. Williams stated it is the responsibility of the Board to provide Council with a long range plan which will include what the committee is doing and where they are going. Williams indicated that he may have leaned heavily on the issue of responsibility or authority but it came to him in a rather a heavy handed manner. There is no way the Council will allow this Board, committee or commission to operate in any other manner except by what is prescribed by Code. Specifically, there is no responsibility or authority with this Board. This Board is advisory only and Council has the absolute final say in everything when it comes to responsibility, authority, fiscal management, etc. The reason is because of the statutes and codes that are operated under. If a committee member wants responsibility and authority they should run for elected office. Williams stated the Board's membership has caused some concern. The Board was created after much discussion and in a manner unlike any other committee or commission the City has. This is a special board, there is no other committee or commission in the City that is created in this manner. This Board was formed to compliment the City by bringing in some talented people from other areas outside the City as well as broadening the base of the Board by keeping enough seats open for more talent in this area. It appears there is trouble in bringing the talent together or the talent isn't always interested in coming. There seems to be a breech of clear direction with regard to the membership of the committee. It is possible to cut the number of member back from nme to seven members and double the responsibility. Other individuals can be brought in to act in an advisory capacity when needed. Wik asked about the type of reports Williams mentioned and asked if they are year-end reports and has this Board been asked to provide such reports before. Williams replied that may not have been the case, it may be the City has been negligent in asking for the report. However, most committees and commissions understand that come budget time it is necessary for them to ask for money to operate and the City wants to know what they did the year before. In the case of the Historic Board there is no budget but there are expenses associated with any committee adopted by the City. There are costs associated with the Board for meetings which requires the building, staff at the meetings and the transcription of minutes. Wik stated if the Council wanted such a report that some other type of indication should have been given other than a reprimand. Williams confirmed that this was a reprimand. He reported that Council wanted a much heavier Historic District Board Meeting November 17, 1997 Page 5 letter than what was submitted. Wik felt the Board couldn't go on assumptions so direction from Council certainly would not hurt. W/k continued by stating it seems Council would ask for a five year plan if one is required. Williams verified that Council is working on a five year plan for the City but it is not absolutely necessary that every commission or committee have a five year plan. However, they need to have a plan which indicates where they are going and what they are doing. This will influence other things that are being put together. Williams discussed Dr. Hansen's proposal for a park next to Showalters. There are some difficulties with this proposal as it is an old burial site, there may be some artifacts in the area and it's an area this Board should be looking at as well. Williams strongly suggested that someone from this committee attend the public hearing to listen to both sides of the presentation so when it's done this Board won't be out there saying it had no knowledge of the project. Huhndorf stated that he didn't hear about this new park before and asked if a notice could be provided in the packets or a letter be sent individually. Will/ams stated it is in the public sector, it's on the agendas, on the Internet, and it's been published in the newspaper. Discussion took place on the burial site in the area of the park. Williams stated that reports provided by the University of Alaska show the bones that were recovered several years ago from that vicinity show they are about 200 years old and are perhaps a cross between Athabascan and local, coastal native. There is also good reason to believe there are more there. The question that remains is should the City take control of the property and if so what should be done with it. This is where this Board can play a big part in the decision process. Gray reported that some of the things mentioned by Mayor Williams are things that have been worked on during the work session. Gray stated the preservation plan outline includes an agenda for future action and projects that this Board would like to work on. It also includes other things that take into account the projects that have already been worked on which includes the townsite historic site survey. Gray stated the comments she wanted to make with regard to annual reports is the Board normally has a City Council member present at the meetings who reports back to Council on the activities of the Board. Gray also stated that a couple of years ago she prepared a presentation for City Council on what the Historic Board was doing and at that time asked if the Board could be a part of the comprehensive planning session. Gray stated she has never received anything to be part of the Planning and Zoning land use table when a part of it does impact the townsite historic zone. Gray also mentioned the beach project that cuts through some of the townsite historic property, this Board was never made aware of what is going on there. Historic District Board Meeting November 17, 1997 Page 6 Wilhams addressed each of Gray's issues separately. With regard to the committee report, Mr. Moore does bring to Council the highlights of the townsite historic meetings but that is not the same as having a collective report that reflects the work over the year. With regard to the sand dunes, this project encompasses the Harbor commission, Planning and Zoning, if there were some historic land, then the Historic District Board would be revolved. It also encompasses the federal and state government, the Exxon oil spill group, etc. Williams expressed surprise that the Board was not aware of the project considering the size of it. Williams referenced the paragraph mentioned earlier where it states it is the responsibility of this Board to adhere to the established ordinances and all other laws of the city, state, and federal government and to maintain its membership, conduct its meetings with quorums, report to council on a regular basis, and advise other boards, committees and commissions who may have overlapping responsibilities in the same area of the Board's plans. Williams addressed the comprehensive plan. The comp plan utilized joint funding of the Borough and the City. The City questioned the validity of utilizing comp plans back to back on occasion. Coming before Council on the first reading at the next meeting is a question of whether or not the City will match the Borough's money of $30,000 to do a comp plan, which may or may not be needed at this point at this time. It is possible the City would not accept the Borough's money as a comp plan was just done recently. However, when a comp plan is put together input is taken from all committees and commissions. Gray agreed with Mayor Williams but wanted to know if there is a way this Board could be officially included on the mailing list and notified in advance so that it could be put on the Historic Board agenda. Gray reiterated that to her knowledge this Board was not made aware of the two projects mentioned previously. Williams reminded that the agendas are published in the newspaper and posted on the bulletin boards. All commission and committees get their own agenda and Council gets its own agenda. There is a City page on the Intemet which has the full agenda for the week. The home page also has the ordinances and resolutions available. Williams indicated there may be room for some broader communications and it will be looked into. Huhndorf again expressed his desire to have communication come directly to members with regard to notification. Williams asked ff this information should be just !i__mAted to townsite historic information or if it should be broadened. Huhndorf answered, the Board should be notified about anything affecting historic, archeological or architectural matters. Williams referenced the membership situation. The Board was asked if a seven member board would be more beneficial to the committee. Gray replied that she talked to Judy Bittner at the State Office of History and Archeology about the topic and Bittner reports the state guidelines say that a reasonable effort Historic District Board Meeting November 17, 1997 Page 7 will be made to compose a committee to seat members including an architect, archeologist, and a historian plus four members making a seven member board. Bittner stated that it would be fine to have fewer members but in the report must be state that attempts were made to have this number. The most important thing in the composition of the board is to have the architect, archeologist, and historian as consultants. However, they may not be officially able to attend meetings. Williams stated that having a seven member board with access to the consultants may be something to consider at this time. Freas reminded the members that originally it started out as a seven member board but there were problems then trying to get a quorum. Williams stated the Board should be reformed with citizens who are objective, who wish to serve and who can commit their time and energy to the Board's work. Williams pointed out the current members are but obviously there isn't everybody on the Board that feels the same way. Kluge stated one of the reasons he joined this body was because he thought he may have some influence on development in Old Town. There has been talk in the community for some time to see development occur in Old Town that had some flavor and historical character to it. Kluge asked what clout does this Board's recommendation have with Planning and Zoning. Williams answered that it bears as much weight as any other committee or commission within the City. Will/ams added that sometimes it may take physical presence before the Planning and Zoning Commission. The Planning and Zoning Commission is the only commission that acts with a fiduciary responsibility to the citizens in the scope of the work they do. Planning and Zoning has to look at the legal ramifications of everything they do. The City is not going to get caught in a law suit that's been developed because somebody didn't cover all the bases. This issue was addressed in the litigation, i.e, Pelosa. A man has a right to quiet title and use of his property, it can't be zoned away from him. It can't be recommended strongly to the Planning and Zoning Commission that they circumvent the laws or rules or some other procedure that's already been looked at by the courts. It's difficult to get some answer to some of the questions but it's vital that care is taken on how it is done. Local government is the freest government there is because it works right here with the people but it's also the first government that gets hit with every frivolous suit that comes in. Williams again suggested that members go to the Planning and Zoning Commission meetings. Gray asked to go back to the issue of the number of members. Gray points out that a change in the number would require a revision of the ordinance. Wi!l/ams indicated that a revision would be easy to do. Gray reported that City Attorney Graves was asked to the last meeting because of the ordinance and the Board's interpretation as it compared to that of Historic District Board Meeting November 17, 1997 Page 8 Planning and Zoning and Councils. Gray continued by stating that Graves was not asked to the last meeting in order for the Board to gain more power but to get clarification on what this Board's exact purpose was as when the ordinance was read the words "all" and "will" were taken for literal value. Graves was told if this is not what the Council wants this Board to do, then the ordinance should be reworded. Gray again reiterated that there was no intention by the Board to try to get more footing. Gray stated the Board recognizes the ordinance needs some fine-tuning if it is to be worded properly. Williams stated there is one other situation where a committee is subservient to a commission, the Beautification Committee is subservient to the Parks & Recreation Commission. Williams continued by stating that this does not mean this Board has to take any orders from the Planning Commission but anything done by this Board must be approved by the Planning Commission. Williams thought what really needs to be done is to look at the ordinance and see where it may be restructured then send it to Planning and Zoning Commission for their review. Williams stated the issue of membership needs to be addressed. Huhndorf addressed the article that appeared in the paper approximately three weeks ago regarding the signs in Old Town. He stated he asked Lucas, the reporter who wrote the article, to include some photos about what the Historic Board has done with regard to the signs. Williams suggested that the Dispatch be contacted as well since they do more human interest articles with pictures. Williams stated he was pleased to be present at the meeting. Gray reiterated that the group will meet on December 15, 1997 at 6:00 p.m. for a work session. The next regular meeting is scheduled for January 19, '1998. 11. Discussion took place on the vacancies on the Board. Freas recommended that the Board really make an effort to find some people to fill the vacancies to eliminate the quorum problem. It was also recommended that the day of the meeting be considered as well. ADJOURNMENT- MEETING ADJOURNED AT 8:45 P.M. Respectfully submitted, Carol Freas, City Clerk Transcribed by Contract Secretary Barb Roper Historic District Board Meeting November 17, 1997 Page 9 CITY OF KENAI 1997 ANNUAL CLG REPORT A. LOCAL PRESERVATION ORDINANCES: le In August and again in October, the Historic District Board reviewed KMC 14.20.105 "Townsite Historic District Zoning District "of the Kenai Municipal Code in an effort to clarify the Board's responsibilities. As result of this review, no changes were made to the code. The Kenai Municipal Code at KMC 14.20.160 was amended in 1997. This amendment included building coverage for lots in the Townsite Historic District. (Copy attached.) Ordinance 1766-97 was introduced on December 17, 1997. This ordinance replaced the Land Use Table (KMC 14.20) and its footnotes. The table specifies uses for development for all zones in the City of Kenai, including the Townsite Historic District. The ordinance was effective February 7, 1998. (Copy attached.) 2. There were no changes to the City of Kenai's Comprehensive Plan during 1997. B. LOCAL HISTORIC PRESERVATION COMMISSION OR BOARD: The City of Kenai's Historic District Board membership changed during the year. The Board continued to have problems establishing a quorum due to vacant seats and non- attendance. In an attempt to alleviate this problem, in December, City Council reduced the number of seats on the Board from nine to seven. At this same time, Alan Boraas resigned his seat, as he had been unable to attend meetings. Mr. Boraas remains available to the Board to fulfill the needs of the archaeologist. In late December, a new member, Cecelia Richard, was seated. This left the Board with one vacant seat. Board members during 1997 were: MEMBER Dorothy V. Gray Alan Boraas (Resigned 12/97) Ethel Clausen Michael Huhndorf Kim Booth (Resigned 1/97) Rebecca Gabriel-Godek (Resigned 7/97) Bill Klug¢ Gloria J. Wik Vacant Joe Moore Duane Bannock POSITION Member--Chair Person Mem b er---Arc h eo l ogist Member Member--Historian Member Member Member---Architect Member Member Council Person~Ad Hoc Council Person~Ad Hoc As of December 18, 1997, the Board consisted of the following members' Dorothy V. Gray Ethel Clausen Michael Huhndorf Bill Kluge Gloria J. Wik Cecelia Richard Vacant Joe Moore Duane Bannock MEMBER POSITION Member--Chair Person Member Member---Historian Member--Architect Member Member Member Council Person---Ad Hoc CounCil Person---Ad Hoc 2. A resume' for Cecelia Richard is attached. 3. The Historic District Board operated without the benefit of a full board again during 1997. The Board had three vacancies until December when Council reduced the membership from 9 to 7 and Ms. Richard was appointed to the Board. The City has attempted to fill these positions. The city clerk advertises vacancies by word of mouth, public information advertisements, and by mailing information to citizens who have served on various boards and committees in the past. 4. The Historic District Board meetings are scheduled for the third Monday of the month. During 1997, the following meetings were held: MEETING Regular Meeting Regular Meeting Regular Meeting Regular Meeting Regular Meeting Regular Meeting Regular Meeting Regular Meeting Regular Meeting Regular Meeting Work Session Regular Meeting Work Session DATE January 20, 1996 February 24, 1996 March 17, 1996 April 21, 1996 May 19, 1996 June 16, 1996 July 21, 1996 August 19, 1996 September 15, 1996 October 13, 1996 November 17, 1996 November 17, 1996 December 15, 1996 Copies of the minutes from these meetings are attached. Note that in July and August quorums were not established and no meeting was held. 5. The board did not participate in any CLG training or conferences during 1997. 1997 Annual CLG Report Page 2 C. SURVEY AND INVENTORY OF HISTORIC PROPERTIES: This information did not change during 1997. 1. In July 1996, Preservation North completed the survey of the Townsite Historic District, which was funded through a CLG grant. The area surveyed was approximately 70 acres and included 32 properties in the Townsite Historic District and 12 properties in the adjacent area. 2. Thirty-two historic properties were surveyed. AHRS cards were completed for these properties. 3. This was the first survey of historic properties for the City of Kenai. The survey cataloged historic properties providing the City with information as to what properties existed, their condition, owner, etc. This information will be used when revising or preparing development guidelines for the historic district. For the properties surveyed, there were 28 different property owners. D. PRESERVATION PLANNING ACTIVITIES: 1. The Townsite Historic District Board began working on defining the City of Kenai's Preservation Plan during 1995. Topics were assigned to Board members. This has been a slow process. In 1996, the Board reviewed their goals and objectives/mission statement, made changes, and accepted the revised statement. The Board continued working on the Preservation Plan in 1997. In November and December two special work sessions were held to work on the Preservation Plan. The plan is in the final stages and should be complete mid-1998. £. NATIONAL REGISTER PROGRAM PARTICIPATION: 1. The CLG did not evaluate any properties for listing on the National Register of Historic Properties during 1997. PROTECTION OF HISTORIC PROPERTIES: · The Townsite Historic Board reviewed two applications for development in the Township Historic District. The first was a review of the planned restoration of the Russian Orthodox parish house. The second was the review for an addition to a residence in the district. The Board approved both plans. 1997 Annual CLG Report Page 3 2. The Mission Street project was reviewed the Board. The Board provided suggestions for parking for the church, street lighting, and sidewalks. This project will impact the Townsite Historic District in that it creates a one-way street, which hms in front of the Russian Orthodox Church. It will provide bus parking for tourist buses, sidewalks, and street lighting for this historic area. G. PUBLIC EDUCATION PROJECTS: The Townsite Historic District Board completed the signage grant for the Townsite Historic District and the Shk'ituk't Village site in September 1997. The walking tour for Old Town was worked on throughout 1997. This project was primarily the responsibility of board member Mike Huhndorf. Mr. Huhndorf, using the data contained in the survey document, and local sources prepared a draft for the walking tour. The Board as well as other long-time citizens of the area reviewed this draft and provided input. The walking tour will be available at the Kenai Visitor Cemer during summer 1998. H. HISTORIC PRESERVATION GRANT ACTIVITIES: The City of Kenai did not apply for any CLG Historic Preservation Fund grants during 1997. 2. The City of Kenai did not apply for other (non-CLG) preservation grants. I. OTHER PRESERVATION ACTIVITIES: During 1995, the City of Kenai began working with the Kenaitze Indian Tribe of Kenai to begin preservation efforts of the historic Dena'ina village at Shk'ituk't. In 1996, meetings were held with members of the Kenaitze Indian Tribe to discuss the signage project. Elders from the tribe were given the oppommity to help design the proposed park at the site. A preliminary plan was designed; however, other than placing the sign on the site, further plans for the site have been put on hold. This site is adjacent to an area, which houses a FAA antenna farm dating from the early 1940's. This site was scheduled for clean-up beginning the summer of 1997 and because of its proximity to the Shk'ituk't site; the city has delayed fu~er development at the village site. As of this reporting, the city is still waiting for the FAA to complete the environmental assessment of this area and complete any cleanup prior to proceeding with this park development. 1997 Annual CLG Rel3or~ Page City of Kenai PRESERVAT]:ON PLAN Prepared by' The Historic District Board- 1998 FOREWORD The City of Kenai's Preservation Plan has been an ongoing project of the Historic District Board since its inception. Throughout the process, the Board realized that the Preservation Plan would be a continuously changing document that may require addendums or updates. It should be noted that a large section of the Preservation Plan refers to the "Kenai Townsite Historic District Survey Report" that was published in July of 1996 by Preservation North. This document contains a wealth of information about the Townsite Historic District and its history. Copies of this document are available for review at the City of Kenai Public Library, the Kenai Visitors and Convention Bureau, and City of Kenai administrative offices. An appendix to the Preservation Plan is planned which will include items such as local resources, books, educational resources, etc. The Historic District Board hopes this document will provide valuable information on the City of Kenai's preservation efforts, both past, present, and furore. CITY OF KENAI PRESERVATION PLAN TABLE OF CONTENTS 1. Mission Statement. 2. Description of the historic character of Kenai from prehistou to the present. 3. Summary of past preservation efforts. 4. Survey of historic resources in Kenai. 5. Archaeological and historic context of Kenai. 6. Historic buildings and sites already identified. 7. Procedure for nomination for furore historic sites. 8. Legal Ordinance with map and zoning and design guidelines. 9. Historic preservation education for the community. 10. Development recommendations. 11. Historic Board Membership. 12. Statement of public sector's responsibilities toward city-owned historic resources (such as parks, streets, public buildings, etc.). 13. Procedure tbr annual review and future planning. City of Kenai Historic District Board Preservation Plan Paee I of 9 1. MISSION STATEMENT: The purpose of the Kenai Historic District Board is to bring attention to the cultural and historical features unique to the City of Kenai. In keeping with the purpose the Board shall' Make specific recommendations to the Planning & Zoning Commission relating matters of historical and cultural concern, nominations of historic places for the National Register, and protection of archeological resources. Enhance public knowledge about the City of Kenai's history. This will include knowledge of its indigenous people, environmental setting, architecture, resources, and also its place in national and world affairs. These elements are not exhaustive of the Board' s potential. Disseminate knowledge through signage, brochures, maps, or whatever mediums necessary and approved by the City of Kenai and the State Historic Preservation Office. Review community improvements and 'make suggestions where historical and cultural impact can be expressed. Present a balanced interpretation of places and events. Stay within policy regarding Boards, Commissions, and Committees as dictated by Ordinance KMC 14.20.105, Townsite Historic (TSH) Zoning District. e DESCRIPTION OF THE HISTORIC CHARACTER OF KENAI FROM PREHISTORY TO PRESENT: The prehistory and recorded history of Kenai dates some 10,000 years beginning with the Riverine Kachemak people about 8,000 B.C. An Athabaskan culture, the Dena'ina displaced the Riverine Kachemak people about 1,000 A.D. The first white contact came when Captain James Cook mapped the body of water named after him: Cook Inlet in 1791. During the same decade, the Russian fur trade expanded its operation to the Kenai Peninsula and the Russian Orthodox Church began to baptize the native people into Christianity. City of Kenai Historic District Board Preservation Plan Page 2 of 9 The purchase of Alaska by the United States in 1867 marked another milestone for Kenai, followed by its Early Community Building Era from 1898-1925. The Kenaitze subsistence lifeway overlapped several of those same years running from the turn of the century, through World War II. Postwar community growth naturally followed, including the discovery of oil in 1957. Alaska became the 49m state in 1959, and one year later, the City of Kenai became officially incorporated. (For complete details see pages 11-50 of the "Kenai Townsite Historic District Survey Report. ") 3. SUMMARY OF PAST PRESERVATION EFFORTS' The City of Kenai and the Kenai Historical Society are largely responsible for past preservation efforts beginning with the memorial to Fort Kenai constructed in 1967. The members of the historical society managed the operation of the museum at Fort Kenay for the following ten years, and through their dedicated efforts, successfully restored St. Nicholas Chapel and four cabins in the Old Town area. The City of Kenai established the Kenai Townsite Historic District by adopting an ordinance in 1993. In 1995, the City of Kenai appointed a Townsite Historic District Board as a step toward a formal preservation program and was granted Certified Local Government (CLG) status by the Alaska State Office of History and Archaeology. (For complete details see pages 47-49 of the "Kenai Townsite Historic District Survey Report. ") 4. SURVEY OF HISTORIC RESOURCES IN KENAI' As the recipient of a 1995 Certified Local Government Grant, the City of Kenai's Historic District Board contracted with a historian and an architect (Preservation North) to survey the buildings, structures, objects, and sites within the boundaries of the Townsite Historic District. Published in 1996, this report documents in detail the thirty-four properties along with information on ten properties adjacent to the district boundaries. Using the criteria of the National Register of Historic Places, the survey report has provided both the City of Kenai and the State Office of History and Archaeology with the baseline information necessary for historic preservation planning. ci~ of Kenai Historic District Board Preservation Plan Page 3 of 9 (Refer to the "Kenai Townsite Historic District Survey Report" for complete details.) 5. ARCHAEOLOGICAL AND HISTO~C CONTEXT OF KENAI: Although several archaeological studies have been conducted at Dena' ina village sites, few artifacts have been uncovered due to the Dena' ina belief that all natural resources be returned to the earth or sea from which they originated. Nineteenth century journals and letters of European and Russian explorers have provided primary sources of information describing the lifestyle of the inhabitants. (See pages 11-49 of the "Kenai Townsite Historic District Survey Report"for complete details.) 6. HISTORIC BUILDINGS AND SITES ALREADY IDENTIFIED' The thirty-four buildings and ten adjacent sites in the Townsite Historic District have been documented with a short history, a basic description with tables, maps, historic photographs and current photographs. Arranged by the historic themes and general non-historic categories, the survey evaluates each property according to the National Historic Register guidelines. These properties are now on file with the Alaska Heritage Resources Survey (AHRS). See pages 56-154 of the "Kenai Townsite Historic District Survey Report." 7. PROCEDURE FOR NOMINATION FOR FUTURE HISTORIC SITES: Individual property owners may choose to nominate their property and/or buildings to the National Register of Historic Places. The Historic District Board is willing to assist property owners in preparing for the required local review. After the local review, the nomination is forwarded to the State Office of History & Archaeology. Attachment A, "The National Register of Historic Places Nomination Process" and Attachment B, "National Register of Historic Places Rights of Owners to Comment and/or To Object to Listing" provides detailed information on the nomination process. In addition, see pages 183 through 185 of the " KENA I TO WNSITE HISTORIC DISTRICT SURVEY REPORT." The following materials are available for review at the City of Kenai Planning and Zoning Department to assist in the nomination process: "Kenai Townsite Historic District Survey Report", Preservation North, July 1996 City of Kenai Historic District Board Preservation Plan Page 4 of 9 "16A - ~Vational Register Bulletin: How to Complete the National Register Registration Form" The tbllowing nomination ibrms may be obtained from the City of Kenai, Planning & Zoning Department or at the World Wide Web at http://www, cr.nps.gov/nr/nrhome.html: · NPS Form 10-900' National Register of Historic Places Registration Form · NPS Form 10-900a' National Register of Historic Places Continuation Form 8. LEGAL ORDINANCE WITH MAPS, ZONING, AND DESIGN GUIDELINES' Title 14.20.105 of the Kenai Municipal Code, which is the legal ordinance outlining the Historic District Board's duties and responsibilities, is attached as Attachment C. In addition. Attachment D (Land Use Table) and E (Development Requirements Table) are provided which specify allowed uses in the TSH zone and development requirements. See Attachment F for the Townsite Historic District map. 9. HISTORIC PRESERVATION EDUCATION FOR THE COMMUNITY: The Historic District Board is charged with educating the community about its cultural resources. The following historic themes represent current and future education projects. Dena'ina Building Tradition: A.D. 1000-1890 Russian Exploration and Fur Trade' 1741-1866- The Russian Orthodox Church: 1841-1906 (Extant properties. 1881-1906) United States Purchase of Alaska. 1867' Fort Kenay, 1869-1870 Early Community Building Era: 1889-1925 Kenaitze Subsistence' 1900 - 1941 Federal Programs for Agriculture and Sustainable Resource Management' 1898-1958 (Extant properties, 1935-1958) Post War Community Growth: 1948-1958 Post Statehood Development: 19:59 - 1996 The appendix of this document will contain educational materials as they are developed. 10. DEVELOPMENT RECOMMENDATIONS: The historic district must be an alive, inviting, and active place to assure historic preservation. Development of the Townsite Historic District (TSH) should be promoted to assiSt in this historic preservation. Well-planned development can spur the economics and interest that citv of Kenai Historic District Board Preservation Plan Page 5 of 9 promote action. The City and its citizens are in the best position to kindle that development by encouraging and supporting the following concepts' Implementing a master plan for TSH that has among its goals and objectives historic exhibits. This may require land swaps of City property to obtain parcels of land to accommodate .the master plan. Providing more greenbelt common areas with developed connecting pathways, preferably along view areas. Consider providing tax incentives to develop economic enterprises in TSH. Continuing the upgrade of streets with street signs and lighting of uniform design to provide more visual unity in the district. Continuing participation with the Visitor's Center in developing and publicizing the walking tour and specific exhibits in the Center. Enforcing the Townsite Historic District Zoning ordinance to assure buildings, signage and other improvements are in keeping with a historic setting. Continuing to landscape the City properties by keeping the area litter free and well groomed. 11. HISTORIC BOARD MEMBERSHIP' Membership guidelines are specified in KMC 14.20.105 that is contained in Section 8. Specifically refer to KMC 14.20.105(b)(1)(2). See Attachment G, Historic District Board Membership roster. 12. STATEMENT OF PUBLIC SECTOR'S RESPONSIBILITIES TOWARD CITY- OWNED HISTORIC RESOURCES (SUCH AS PARKS, STREETS, PUBLIC BUILDINGS, ETC.) In order to foster strong community relationships and strengthen historic preservation, the Historic District Board adopts Goals 2 and 4 of the Alaska State Preservation Plan which specifies the following' Support and strengthen local historic preservation efforts. City of Kenai Historic District Board Preservation Plan Page 6 of 9 Encourage Alaska Natives to identify concerns and develop strategies to protect their cultural resources. Encourage nonprofit statewide organizations, including the Alaska Anthropological Association, Alaska Association of Historic Preservation, Alaska Historical Society, Keepers of the Treasures ~ Alaska, and Museums Alaska to promote historic preservation. Foster stewardship of cultural resources by public agencies and private individuals and groups. Use emerging technologies to improve communication among organizations and individuals interested in historic preservation. Review development projects to protect cultural resources. Review emergency response laws and plans so that cultural resources receive maximum protection in the event of a disaster. Promote the role of local preservation programs in efforts to maintain and enhance a community's character. Promote incorporation of preservation issues in plans. 13. PROCEDURE FOR ANNUAL REVIEW AND FUTURE PLANNING' It is the duty of the Townsite Historic Board to annually review the survey of historic properties in order to include any new information that may have arisen in regard to the accuracy of each historical site. Therefore. at the end of each calendar year, the Townsite Historic Board shall schedule a review of the Townsite Historic Survey and submit corrected information to the State Office of History and Archaeology. Additionally, the Townsite Historic Board will conduct an annual review of its goals and objectives. The Board will evaluate the goals and objectives of the current calendar year as required documentation for the Certified Local Government Annual Report to the State Office of History and Archaeology. This report shall also serve as an annual report to the Kenai City Council. After having reviewed the past year's goals and objectives, the Board shall formulate a new list of goals and objectives for the coming calendar year. This will fulfill its duty to "enhance and City. of Kenai Historic District Board Preservation Plan Page 7 of 9 identify the City of Kenai's heritage in a manner that promotes civic pride and to foster an awareness of where we as people have evolved." City of Kenai Historic District Board Preservation Plan Page 8 of 9 ATTACHMENTS A. The National Register of Historic Places Nomination Process B. National Register of Historic Places - Rights of Owners to Comment and/or to Object to Listing C. KMC 14.20.105 - Townsite Historic (TSH) Zoning District D. Land Use Table ~vith Footnotes E. Development Requirements Table F. City of Kenai Townsite Historic District Map G. City of Kenai Historic District Board Membership Roster City of Kenai Historic District Board Preservation Plan Page 9 of 9 Attachment A Office of History. & Archaeology Alaska Division of Parks & Outdoor Recreation 3601 C St.. Suite 1278 Anchorage. AK 99503-5921 (907) 269-8721 o e , Se TI-IE NATIONAL REGISTER OF HISTORIC PLACES NOMINATION PROCESS Owner or consultant submits to the Office of History and Archaeology (OHA) completed' a. nomination form b. black & white photographs with no labels or markings in ink on them (front or back) c. site plan If the property is within one of OHA's Certified Local Governments, the CLG' preservation commission reviews the nomination: a. solicits comments on the nomination b. finds nomination eligible for the register and forwards voting record and comments to OHA requests more information and forwards voting record and comments to OHA determines the property not eligible for the register and forwards voting record and comments to OHA Office of History & Archaeology (State Historic Preservation Office) reviews nomination, particularly for: ae completeness physical description period of sigmficance level of sigmficance statement of significance historic context special criteria considerations relation to the Alaska Historic Preservation Plan Thirty days prior to the Alaska Historical Commission (state review board) meeting' a. owner advised of meeting and given oppormmty to review and comment on nomination b. appropriate local government officials given oppormni~ to comment on nomination Alaska Historical Commission (meets three times a year) reviews nomination: a. recommends it be forwarded to the Keeper of the National Register b. tables it for additional study c. determines the property is not eligible for the register Page: 2 . o ge Owner is advised of the committee's action: a. concurs b. disagrees and appeals decision to Keeper of the National Register State Historic Preservation Officer: a. reviews final nomination package b. signs nomination Nomination is sent to the Keeper of the National Register. National Park Service, Washington. D.C. for final review. The Keeper has 45 days to' a. determine the property, eligible and list in register b. request additional information from the Office of History & Archaeology c. determine the property, not eligible for the register [3/18197] Attachment B Office of History & Archaeology Alaska Division of Parks & Outdoor Recreation 3601 C St.. Suite 1278 Anchorage, AK 99503-5921 (907) 269-8721 NATIONAL REGISTER OF HISTORIC PLACES RIGHTS OF OWNERS TO COMMENT AND/OR TO OBJECT TO LISTING Owners of private properties nominated to the National Register of Historic Places have an opportunity to concur with or object to listing in accord with the National Historic Preservation Act and 36 CFR 60. Any owner or partial owner of private property who chooses to object to listing may submit, to the State Historic Preservation Officer, a notarized statement certifying that the party is the sole or partial owner of the private property, and objects to the listing. Each owner or partial owner of private property has one vote regardless of the portion of the property that the party owns. If a majority of private property, owners object, a property will not be listed. However. the State Historic Preservation Officer shall submit the nomination to the Keeper of the National Register of Historic Places for a determination of eligibility of the property for listing in the National Register. If the property is then determined eligible for listing, although not formally listed, federal agencies will be required to allow the Advisory Council on Historic Preservation an oppormmty to comment before the agency may fund, license, or assist a project which will affect the property. If you choose to object to the listing of your property, the notarized objection must be submitted within thirty (30) days of receipt of this letter to' Judith E. Bitmer. State Historic Preservation Officer Office of History and Archaeology Alaska Division of'Parks and Outdoor Recreation 3601 C St., Suite 1278 Anchorage, Alaska 99503-5921 If you wish to comment on the nomination of the property to the National Register, please send your comments to the State Historic Preservation Office within thirty (30) days of receipt of this letter. Additional information on the National Register and the federal tax provisions is available from the above address upon request. [6/19/95] Office of History. & Arelmaology Alaaka Division of Parks & Outdoor Recrv, ation 3601 C St., Suim 1278 Anchorage, AK 99503-5921 (907) 269-8721 RESULTS OF LISTING IN THE NATIONAL REGISTER OF HISTORIC PLACES Eligibility for federal tax provisions: If a property is listed in the National Register certain federal tax provisions may apply. The Tax Reform Act of 1986 revised the historic preservation tax incentives authorized by Congress in the Tax Reform Acts' of 1984 and 1976, the Revenue Act of 1978, the Tax Treatment Extension Act of 1980, and the Economic Recovery Tax Act of 1981. The new act maintaim a certified rehabilitation investment tax credit (ITC) for rehabilitating historic commercial, industrial, and rental residential buildings. The current 20% ITC has a full adjustment to basis. For commercial buildings built before 1936, there is a 10% ITC for rehabilitation. Because tax aspects are complex, individuals should consult legal counsel or the appropriate local Internal Revenue Service office for assistance. For further information on certification requirements, please refer to 36 CFR 67. Consideration in planning for federal, federally licensed, and federally assisted projects' Section 106 of the National Historic Preservation Act of I966 requires that federal agencies allow for the Advisory Council on Historic Preservation to have an opportunity to comment on all projects affecting historic properties listed in the National Register. For further information please refer to 36 CFR 800. Consideration in issuing a surface coal mining permit: In accordance with the Surface Mining and Control Act of 1977, there must be consideration of historic values in the decision to issue a surface coal mining permit where coal is located. For further information, please refer to 30 CFR 700 et seq. Qualification for federal grants for historic preservation when funds are available' Presently, funding is unavailable. [ I 1/7/951 Attachment C KENAI MUNICIPAL CODE TITLE KMC 14.20.105 14.20.105 Townsite Historic (TSH) Zoning District' (a) Intent. The TSH Zoning District is intended to provide for a mixed, controlled use in a designated area, which will protect and enhance the historic character of the zone. The goal of the TSH zone is to manage all new development, reconstruction and alterations within the zone. The intent of the Townsite Historic Review Board is to enhance and identify the city of Kenai's heritage, to present this heritage in a manner that promotes civic pride, and to foster an awareness of where we as a people have evolved. (b) Historic District Board. A historic district Board will be established to regulate development within the TSH zone. The following provisions will govern the Board's activities through the State of Alaska Certified Local Government Program: (1) The Board will consist of a minimum of seven members with a demonstrated interest, competence, or knowledge in historic preservation, appointed fer terms of not less than three years. A majority, plus one member must be residents of the City of Kenai. (2) To the extent available, three Board members shall be professionals, as defined by National Park Service regulations, from the disciplines of history, architecture or architectural history, and archeology. (3) The Board will meet twice each year or as necessary and conduct business in accordance with the Open Meeting Laws of Alaska. This includes public notification of meeting place, time and agendas. (4) Written minutes of each Board meeting will be prepared and made available for public inspection. (c) Historic District Board Duties: (1) The Board shall make recommendations to the Kenai Planning and Zoning Commission as to the area of the city to be included within the zone and any adjustments to the boundaries in the future. (2) The Board shall review zoning requirements and review all proposed changes to the zoning la~v within the TSH Zoning District. (3) The Board shall schedule a minimum of two meetings annually and special meetings as requested by the Planning Department to review proposed building permit applications within the zone or other business considered necessary, by the Planning Department. (4) The Board shall conduct or cause to be conducted a survey of the historic, architectural~ and archaeological resources within the community. The survey shall be compatible with the Alaska Heritage Resources Survey and able to be readily integrated into statewide comprehensive historic preservation planning and other planning processes. Survey and inventory documents shall be maintained to protect the site location(s) from possible vandalism. The survey shall be updated annually. (Ord. 1636-95) (5) The Board shall review and comment to the State Historic Preservation Officer on all proposed National Register nominations for properties within the boundaries of the City. When the TSH Board considers a National Register KMC 14.20.105 Page 2 nomination which is normally evaluated by professionals in a specific discipline and that discipline is. not represented on the Board, the Board will seek expertise in this area before rendering a decision. (6) The Board shall act in an advisory role to other officials and departments of local government regarding the identification and protection of local historic and archaeological resources. (7) The Board shall work toward the continuing education of citizens regarding historic preservation and the community's history. (8) The Board will review all building permit applications as well as all exterior architectural alterations and demolition within the designated zone. The Board's responsibility will be to provide it's recommendation for approval, denial or modification to the Planning and Zoning Commission. The guidelines to be followed by the Board will be designed to preserve the character which typify development in the zone and provide the basis for preserving the historical character of the zone. Applications must be accompanied by a schematic drawing of proposed changes within the zone. (9) The Board shall develop a local historical preservation plan that will be compatible with the Alaska State Historic Preservation Plan and produce information that is compatible with the Alaska Heritage Resource Survey. (d) Application: An application requiring review in TSH Zoning District shall be filed with the Planning Department. The TSH zoning district, as located within the bounds shown on the City of Kenai Official Zoning Map. The application shall contain: (1) One reproducible copy of the application signed by the applicant and, if leasing the premises, co-signed by the owner indicating type or nature of business. (2) Current color photographs of the site and of any existing structures representing both the overall condition of structures and accurately portraying materials and color. (3) Reproducible schematic plans of the proposed construction sufficient to show building size and layout, exterior elevations, proposed materials and colors. (4) A landscaping and site plan complying with KMC 14.25 and the development criteria of this chapter drawn to scale showing the existing structure and all proposed alterations and additions in relation to the site. (e) Development Criteria. The development criteria is intended to provide for a district in which residential and business enterprises cohabit-habitat as a desirable and compatible use. All proposed construction, renovation, demolition, or alteration shall' (1) Encourage, whenever possible and compatible with historic character of the TSH zone, foot traffic; restaurants, gift shops, parks, etc.; indigenous Kenai Peninsula flora; wooden structures including log style with soft colored or natural sidings. (2) Discourage uses which will violate the historic and scenic quality of the TSH zone; buildings and building additions that are not compatible with adjacent buildings or which violate the existing character and scale of the district. (3) Specific structures and activities which will not be allowed, but are not KMC 14.20.105 Page 3 limited to' (a) Buildings with "modem design style of architecture" that have no historical correlation with the district; (b) Multiple family residences (excluding duplexes); (c) Gas stati o ns' (d) Auto repair shops; (e) Rental storage of any kind; (f) Kennels or similar uses; (g) Livestock. Stables. Commercial horseback riding; (h) Auto body and paint shops; (4) Commercial buildings are limited to a total area of no more 5,000 square feet per story,. Any individual unit within the structure may be of no more than 2,500 square feet, except that the Commission may allow a larger individual unit if it is determined to be compatible with the zone. (5) Metal-sided buildings may be allowed if the Commission determines they are compatible with the zone. (f) Criteria for determining acceptable use shall include, but not be limited to the following: (1) All alterations to existing structures should be performed so as to preserve the historical and architectural character of the TSH zoning district. (2) The distinguishing original qualities or character of a building, structure, or site in its environment shall not be destroyed. The removal or alteration of any historic material or destruction of architectural features cannot be done without approval. (3) Changes which may have taken place in the course of time are evidence of the history and development of a building, structure, or site, and its environment. These changes may have acquired significance of their own, which should be recognized and respected. (4) Landscaping requirements according to City of Kenai as required by KMC 14.25. (5) All 'exterior construction must be completed within a year of date of approval. (g) Existing structures: All structures existing prior to the enactment of this ordinance will be allowed to continue in their present form and use. In the event of loss of the existing structure due to demolition, fire or natural causes, the structure may be rebuilt with the following requirements: (1) The structure to be rebuilt must conform to the previously existing structure in terms of size, shape and location unless the Commission determines the new structure is more compatible with the intent of the TSH zone. (2) The use of the new structure must be the same as the use of the previous structure. (3) Application for reconstruction of the structure must be made to the Planning Department within one year of the date of loss due to demolition or damage. KMC 14.20.105 Page 4 (4) Reconstruction of the structure must be complete within two years of the date of the loss due to demolition or damage. (5) If applicant wants to rebuild, other than a pre-existing structure, the existing structure provisions as stated above are not applicable. (h) Criteria for designation of landmarks to be included in the TSH: (1) Its age - approximately fifty years old. (2) Its character, interest or value as part of the development, heritage, or cultural characteristics of the city of Kenai. (3) Its location as the site of a significant historic event. (4) Its identification with a person or persons who significantly contributed to the culture and development of the city of Kenai. (5) Its distinguishing characteristics of an architectural type. (6) Its relationship to other distinctive areas that are eligible for preservation according to a historical, cultural, or architectural criteria. (i) Uses. (1) Principal Permitted Uses as allowed in Land Use Table. (2) Conditional Uses: As allowed in the Land Use Table and subject to the provision of this chapter. 1. Such uses must be similar to principal uses permitted in the zone. 2. Such uses must be in harmony with the intent of the zone. (j) Review process. Upon submittal of an application, the Planning Department shall schedule the application for review by the TSH Zoning District Review Board at the following appropriate meeting. The Board shall make a recommendation rega?ding the permit application to the Planning and Zoning Commission. The Board's recommendation shall be based upon the development criteria in this section and all other pertinent provisions of the Kenai Municipal Code. (k) Signs. Signs shall be as allowed as set forth in KMC 14.20.220(0. (Ord. 1727-96) (1) Penalties. Penalties for non-compliance with this Chapter shall be as set forth by KMC 14.20.260. (m) Definitions. 1. Alteration-Any act or process that changes one or more of the exterior architectural features of a structure, including, but not limited to, the erection, construction, reconstruction, or removal of any structure which requires a building permit. 2. Construction-The act of adding an addition to an existing structure or the erection of a new principal or accessory structure on a lot or property which requires a building permit. 3. Demolition-Any act or process that destroys in part or in whole a landmark or a structure within a historic district. KMC 14.20.105 Page 5 o 10. 11. rebuilding). 12. 4. Certified Local Govemment-A local government "that has been certified to carry out the purposes of section 101 (b) of the National Historic Preservation Act." (Ord. 1637-95) 5. Historic District-An area designated as a "historic district" by ordinance of the City Council. which contains within definable geographic boundaries, one or more landmark and which may have within its boundaries other properties or structures that, while not of such historic and/or architectural significance to be designated as landmarks, nevertheless contribute to the overall visual characteristics of the landmark or landmarks located within the historic district. 6. Historic Preservation-The act of adopting regulations and restrictions for the protection and preservation of places and areas of historical and cultural importance to the Kenai. 7. Landmark-A property or structure designated as a "landmark" by ordinance of the City Council, pursuant to procedures prescribed herein, that is worthy of rehabilitation, restoration, and preservation because of its historic and/or architectural significance to the city of Kenai. 8. New Development-Any development which requires a building permit. Reconstruction-The action of returning a structure to original state. Relocation-Any relocation of a structure on its site or to another site. Renovation-To restore to a former better state (as by repairing or Site plan-Schematic drawing complying with the development criteria of this chapter and drawn to scale showing proposed structure in relation to the site. (Ord. 1133. 1527-93. 1567-93) KEY: ? = Principal Permitted Use C = Conditional Use S = Secondary. Use N = Not Permitted LAND USE T,MILE Table 1 of 3 Attachment D NOTE: Reference/botnotes on following pages for additional restrictions. ZONING DISTRICTS , C RR RR1 RS RS1 RS2 RU CC CG IL IH R TSH LAND USES , RESIDENTIAL One Family Dwelling C~s P P P P P P S S~ Sz S2 P p Two/Three Family Dwelling C~s P P P P P P S Sl C C P P Four Fanfily Dwelling C~8 p C3 p N N P S S! C C C P Five/Six Family Dwelling C~8 C3 N P N N P S S~ C C C P , Seven or More Family C~ C3 N C3 N N P S S~ C C C P Dwelling Townhouses 4 C.s C C C C C C C C C C C C Mobile Home N C C C C C C C C C C C N Parks ~ Planned Unit Residential C~s C C C C C C C C C C C C Development; , COMMERCIAL Automotive Sales N C C~9 N N N C P P P P N N , Automotive Service Stations N C C~9 N N N C P P P P C N Banks N C C~9 C N N C P P P C C C , Business/Consumer Services N C Cl'~ C N N C P P P C C C , Hotels/Motels N C C19 C N N C P P P C C P Professional Offices N C C19 C N N P P P P P C P Restaurants N C C~9 C N N C P P P C C C , Retail/Wholesale Business N C C~9 C N N C P P P P C C Theaters/ N C Cio C N N C P P C C P C Commercial Recreation S72-02/16/98 Title 14 - 65 CITY OF KENAI P -- Principal Permitted Use C -- Conditional Use S -- Secondary Use N = Not Permitted LAND USE TABLE Table 2 of 3 NOTE: Reference footnotes on following pages for additional restrictions. ZONING DISTRICTS · INDUSTRIAL ..... Airports and P C C19 C19 N N C P P P P C N · Related Uses Automotive Repair/ N C C19 C~9 N N C P P P P N N Tire Recapping/ Rebuilding Gas Manufacture/ N N C~ C19 N N N N N C9 C~ N N Storage Manufacturing/ N C C C N N C C P P P C C Fabricating/ Assembly/Storage Warehouses N C C~ C N N C C t¢ P P C N PUBLIC/ ' INSTITIYrlONAL Charitable Institutions C C C C C C P P P P P C P Churches C p~° plo p~O p~O p~O p~O plo plo C C pa° p Clinics C C C C C C C P P P C C C Colleges C C C C C C C P P C C C C Elementary. Schools C C C C C C C P P C C C C Governmental Buildings C C C C C C C P P P C C C High Schools C C C C C C C P P C C C C Hospitals C C C C C C C P P P C C C Libraries C C C C C C C Museums C C C C C C C P P P C C P ! Parks and Recreation P S S S S S S P P S S P P Sanitari~ C C C C C C C C C C C C C S72-02/16/98 Title 14 - 66 CITY OF KENAI KEY: Principal Permitted Use Conditional Use Secondary Use Not Permitted LAND USE TABLE Table 3 of 3 NOTE: Reference foomotes on following pages Ibr additional restrictions. ! ZONENG DISTRICTS !. i LANDUSES CI RR RR1 RS RS1 RS2 RU ICC CG IL IH R TSH ] AnimalBoarding'3 C I C C [ C C m N C C C C C N t Bed & Breakfasts C C C C C C C C C C C C C I ' - Cabin Rentals C C C C N N N P P P C C P i Cemeteries C C C C N N N C C C C C C i Crematories N C N I C N N C C C C C C C I ! Day Care Centers ~' C C C I C C C C C C C C C C I Dormitories/ C C C I C C C P S! S C P C C ! Boardin_~ Houses , . Essential Services P P p p. p p p p p p p p p _ Farming/Gardening/ P P P P P P P P P P C P P General Agriculture Greenhouses/Tree C C C C C C C P P P C C C Nurseries ~ t Assemblages ~: C C C C C C C pis pis pis pis C P (Large: Circuses, Fairs, etc.) Lodges/Fraternal N C C C C C C P P P C C P !Organizations I Nursing, Convalescent or N C C C C C C P P C C C C i Rest Homes i Parking, Off-Street P P p p p p p p p p p p p 1 , Parking, Public C C C C C C C C C C C C C Lots I'' , Private Clubs N C C C C C C P P C C S C Radio/TV Transmitters/ P P C C C C C P P P P C C I' Cell Sites .... Recreational Vehicle Parks C C C C N N C C C C C C C Social Halls N C C C C C C P P C C C C Subsurface Ext- C C C C C C C C C C C C N raction of Natural Resources ~6 Surface Extraction of C C C C N N C C C C C C N Natural Resources ~7 Union Halls N LAND USE TABLE FOOTNOTES (1) Allowed as a secondary use except on the ground floor of the part of the building fronting on collector streets and major highways. (2) One single-family residence per parcel, which is part of the main building. (3) Allowed as a conditional use: subject to satisfying the following conditions' (a) The usable area per dwelling unit shall be the same as that required for dwelling units in the RS zone; (b) The site square footage in area must be approved by the Commission; (c) Yards around the site, off-street parking, and other development requirements shall be the same as for principal uses in the RR zone' (d) Water and sewer facilities shall meet the requirements of all applicable health regulations: (e) The proposed dwelling group will constitute a residential area of sustained desirability and stability' will be in harmony with the character of the surrounding neighborhood, and will not adversely affect surrounding property values' (f) The buildings shall be used only for residential purposes and customary accessory uses, such as garages, storage spaces, and recreational and community activities; (g) There shall be provided, as part of the proposed development, adequate recreation areas to serve the needs of the anticipated population; (h) The development shall not produce a volume of traffic in excess of the capacity for which the access streets are designed' (i) The property adjacent to the proposed dwelling group will not be adversely affected. (4) See "Townhouses" section. (5) See "Mobile Homes" section. (6) Allowed as a conditional use, subject to "Mobile Homes" section and provided that any mobile home park meets the minimum Federal Housing Authority requirements. (7) See "Planned Unit Residential Development" section. (8) Allowed as a conditional use, provided that the proposed location and the characteristics of the site will not destroy the residential character of the neighborhood. (9) Allowed as a conditional use, provided that all applicable safety and fire regulations are met. S72-02/16/98 Title 14 - ¢9 CITY OF KENAI (10) Provided that no part of any building is located nearer than thirty (30) feet to any adjoining street or property line. (11) Allowed as a conditional use, provided that no part of any building is located nearer than thirty (30) feet to any adjoining street or property line and provided further that the proposed location and characteristics of the use will not adversely affect the commercial development of the zone. (12) Allowed as a conditional use, provided that the following conditions are met: (a) The proposed location of the use and the size and characteristic of the site will maximize its benefit to the public; (b) Exits and entrances and off-street parking for the use are located to prevent traffic hazards on public streets. ' (13) Allowed as a conditional use, provided that setbacks, buffer strips, and other provisions are adequate to assure that the use will not be a nuisance to surrounding properties. The Commission shall specify the conditions necessary to fulfill this requirement. (14) Allowed as a conditional use, provided that no indication of said use is evident from the exterior of the mortuary. (15) Allowed, provided that the following conditions are met: (a) An uncleared buffer strip of at least thirty (30) feet shall be provided between said use and any adjoining property in a residential zone. (b) Exits and entrances and off-street parking for the use shall be located to prevent traffic hazards on the public streets. (16) See "Conditional Uses" section. (17) section. See "Conditional Use Permit for Surface Extraction of Natural Resources" (18) Conditional Use allowed only on privately held property. government lands. Not allowed on (19) Allowed as a conditional use provided that ingress and egress from the property is from the Kenai Spur Highway. S72-02~ i6/98 Title 14 - 69 CITY OF KENAI Attachment E il', : tl Ai)DI~.NDL~ TO DEVELOPME~ REOLTIREME~S TABLE ADDITIONAL REQUIREMENTS: Minimum Yards' Yards for Corner Lots' The minimum side yard on the street side, or platted fight- of-way, or government easement, of a comer lot shall be the same as the minimun~ front yard required for that zone. (Ord. 1635-95) Maximum Heights: Height Limitation of Structures Near Airport: All structures in aircraft-approach zones and within 8,000 feet of the main nmway shall be subject to height limitation on the basis of obstruction criteria as shown on the current FAA-approved Kenai Airport Master Plan drawings which are on file at Keuai City Hall. (Ord. 1787-98) Title 14 - 73 CITY OF KENAI Attachment F (City o¢ IKen~i Histomic gistmic t ZOFqE> 192-A3 GOV*T. LOT 98 GOV*T. LOT 37 U,S.~. 1435 PET£RSI ~-~'. NO. 3 2970A- 1 TOYON TR.B AL RESERVE NO. HISTORIC DISTRICT BOARD Meets Third Monday of Each Month 7:00 p.m. Kenai Council Chambers Attachment G Dorothy V. Gray 193 Trumpeter Avenue Soldoma, AK 99669 262-6714 (home) 262-9805 (work) 2000 Cecelia Richard P.O. Box 188 Kenai, AK 99611 283-5733 (home) 283-7977 (work) 2000 Ethel Clausen P.O. Box 2815 Kenai, AK 9611 283-9094 (home) 262-5801 (work) 200O 2001 Bill Kluge P.O. Box 364 Kenai, AK 99611 283-4578 (home) 283-3698 (work) 1999 Gloria J. Wik P.O. Box 2444 Kenai, AK 99611 Kenai, AK 99611 283-3338 (home) 262-7111 (work) 283-(home) (work) 1999 1999 Ad Hoc: Alternate: Councilman Joe Moore Councilman Duane Bannock Contract Secretary: Barbara L. Roper P.O. Box 4234 Soldotna, AK 99669 (262-6577) (6/1/98) CITY OF KENAI. 210 Fidaigo, Suite 200 K-'~~L.A la~k~ 99611-7794 · ~'~ Phone 907-283-7~3~ · ' F~x 907-283-3014 TO Number of Pages WORK SESSION NOTICE The Kenai City Council will convene in a work session with the Planning & Zoning Commission and Historic District Board on Monday, September 21, 1998 immediately before the regular meeting of the Historic District Board. The work session will be held in the Kenai City Council Chambers and will begin at 7:00 p.m. The purpose of the work session is to discuss the future role of the Historic District Board. The public is invited to attend and participate. Carol L. Freas City Clerk Publish: September 18, 1998 Community News: September 21, 1998