HomeMy WebLinkAbout2004-04-28 Planning & Zoning PacketCITY OF KENAI
PLANNING & ZONING COMMISSION
AGENDA
CITY COUNCIL CHAMBERS
April 28, 2004 - 7:00 p.m.
1. CALL TO ORDER:
a. Roll C all
b. Agenda Approval
c. Consent Agenda
~`All items listed with an asterisk (~`) are considered to be routine and non-controversial by the
Commission and will be approved by one motion. There will be no separate discussion of these
items unless a Commission Member so requests, in which case the item will be removed from the
Consent Agenda and considered in its normal sequence on the agenda as part of the General
Orders.
2. *APPROVAL OF MINUTES:
a. *April 14, 2004
3. SCHEDULED PUBLIC COMMENT:
4. CONSIDERATION OF PLATS:
5. PUBLIC HEARINGS:
a. PZ04-15 - A resolution of the Planning and Zoning Commission of the City of Kenai,
Alaska, recommending to the Council of the City of Kenai, Alaska, that Title 14 of the Kenai
Zoning Code be amended by adopting KMC 14.20.175 for the regulation of adult-oriented
businesses.
b. PZ04-16 - An application for a variance permit for a 15-foot rear setback variance for the
property described as Lot 6, Block 1, VIP Ranch Estates, Part Three (840 Sand Dollar Drive),
Kenai, Alaska. Application submitted by Gary Hershberger, 840 Sand Dollar Drive, Kenai,
Alaska.
6. OLD BUSINESS:
7. NEW BUSINESS:
a. *PZ04-17 - An application for a Home Occupation Permit for a daycare for the property
known as Lot D, Davidson Subdivision (1506 Bumblebee Avenue), Kenai, Alaska.
Application submitted by Emma Lee Whitaker,1506 Bumblebee Avenue, Kenai, Alaska.
b. Discussion Item - City of Kenai ANNEX to the Kenai Peninsula Borough Local All Hazard
Mitigation Plan Draft
8. PENDING ITEMS:
a. Amendment of KMC 14.20.320 - Modular Homes
9. CODE ENFORCEMENT:
10. REPORTS:
a. City Council
b. Borough Planning
c. Administration
11. PERSONS PRESENT NOT SCHEDULED:
Agenda
April 28, 2004
Page 2
12. INFORMATION ITEMS:
a. PZ04-18 - Landscape Site Plan - 905 Cook Avenue (Lot 4A, Block 15 Original Kenai Townsite) -
Leif Carlson d/b/a Batir Construction for Central Peninsula Counseling Services
b. KPB Administrative Plat Approval - Kenai Townsite ACS Replat
c. KPB Administrative Plat Approval - Shankel Subdivision
d. US Army Corps of Engineers - Public Notice - General Permit GP 2003-1
e. Zoning Bulletin (4/10/04)
13. COMMISSION COMMENTS & QUESTIONS:
14. ADJOURNMENT:
CITY OF KENAI
PLANNING & ZONING COMMISSION
AGENDA
CITY COUNCIL CHAMBERS
Apri114, 2004 - 7:00 p.m.
1. CALL TO ORDER:
a. Roll Call
b. Agenda Approval
c. Consent Agenda
*All items listed with an asterisk (*) are considered to be routine and non-controversial by
the Commission and will be approved by one motion. There will be no separate discussion of
these items unless a Commission Member so requests, in which case the item will be
removed from the Consent Agenda and considered in its normal sequence on the agenda as
part of the General Orders.
2. *APPROVAL OF MINUTES:
a. ~March 24, 2004
3. SCHEDULED PUBLIC COMMENT:
4. CONSIDERATION OF PLATS:
5. PUBLIC HEARINGS:
a. PZ04-13-An application for a Conditional Use Permit for Townhouses (Condominium
Development) for the property known as 570 Devray Street (Lot 5, Block 4 Three W's
Subdivision Addition No.1), Kenai, Alaska. Application submitted by Clint Chappell,
40205 Frogberry Road, Kenai, Alaska.
b. PZ04-14-An application for a Conditional Use Permit for Townhouses (Condominium
Development) for the property known as 920 Strawberry Road-North (Lot 7, Block 4
Strawberry Hills Estate), Kenai, Alaska. Application submitted by Clint Chappell, 40205
Frogberry Road, Kenai, Alaska.
6. OLD BUSINESS:
a. Kenai Peninsula Borough Chapter 21.18 - Anadromous Streams Habitat Protection -
Discussion and Recommendation
7. NEW BUSINESS:
a. Request to purchase Lot A-1 and Lot A-2 Baron Park No. 6- Discussion and
Recommendation
b. Request to purchase 16 acres adjacent to Marathon Road (Proposed Baron Park No.12) -
Discussion and Recommendation
c. Request to purchase Tract A-5 Dena'ina Point Estates - Discussion and Recommendation
8. PENDING ITEMS:
a, Amendment of KMC 14.20.320 - Modular Homes
9. CODE ENFORCEMENT:
10. REPORTS:
a. City Council
b. Borough Planning
c. Administration
11. PERSONS PRESENT NOT SCHEDULED:
12. INFORMATION ITEMS:
a. Board of Adjustment Decision - Jones Appeal
b. Planning & Zoning Commission roster
c. Zoning Bulletin (3125/04)
d. Building Permits Quarterly Report
e. P&Z Quarterly Report
f, City Council Roster
13. COMMISSION COMMENTS & QUESTIONS:
14. ADJOURNMENT:
PLANNING & Z~NING COMMISSION MEETING
CITY COUNCIL CHAMBERS
APRIL 14, 2004 - 7:00 P.M.
CHAIR CARL GLICK, PRESIDING
Ml'Ni1TF~.S
ITEM 1: CALL TO ORDER
Chairman Glick called the meeting to order at approximately 7:00 p.m.
1-a. Roll Call
The roll was confirmed as follows:
Commissioners present: N. Amen, C. Glick, P. Bryson, J. Barrett, J. Hammelman
Commissioner absent: B. Eldridge
Staff/ Others present: City Clerk Freas, City Manager Snow, Council Member
Bookey, City Planner Kebschull, Planning Assistant Carver
1-b. Agenda Approval
MOTION:
Commissioner Bryson MOVED to approve the agenda as submitted and requested
UNANIMOUS CONSENT. Commissioner Hammelman SECONDED the motion. There
were no objections. SO ORDERED.
1-c. Consent Agenda
MOTION:
Commissioner Amen MOVED to approve the consent agenda as submitted and
requested UNANIMOUS CONSENT. Commissioner Bryson SECONDED the motion.
There were no objections. SO ORDERED.
ITEM 2: APPROVAL OF MINUTES -- March 24, 2004
Approved by consent agenda.
ITEM 3: SCHEDULED PUBLIC COMMENT -- None.
ITEM 4: CONSIDERATION OF PLATS -- None.
ITEM 5: PUBLIC HEARINGS
5-a. PZ04-13-An application for a Conditional Use Permit for Townhouses
(Condominium Development) for the property known as 570 Devray
Street (Lot 5, Block 4 Three W's Subdivision Addition No. 1), Kenai,
Alaska. Application submitted by Clint Chappell, 40205 Frogberry Road,
Kenai, Alaska,
MOTION;
Commissioner Bryson MOVED for approval of PZ04-13 and Commissioner Amen
SECONDED the motion.
Staff had nothing additional. The public hearing was opened. With no one requesting
to speak to the resolution, the public hearing was closed. It was noted the applicant
was in the audience and available to field questions if necessary.
After revievcring the difference between a condominium vs, toumhouse, City Planner
Kebschull noted the following:
• Kenai Municipal Code does not include a definition for a condominium.
• As in the past, the city attorney recommended the most similar use in
the city code is "toumhouse." She noted, typically one owning a townhouse owns the
property underneath and it can exist independently with its own utilities. In this
instance, the owner will own the residence, but the parcel will be jointly owned by the
association as well as the utilities. The Horizontal Property Regimes Act defines the
requirements to do this.
• Staff recommendations included approval of the Conditional Use Permit
but that prior to the issuance and the sale of any unit, proof the development meets
the Horizontal Property Regimes Act must be submitted to the City.
• In this situation, the lot size is not large enough to provide for two septic
systems pursuant to DEC regulations. If there would have been, it would have been a
townhouse situation.
the use.
City wanted the septic system restrictions and proof of DEC approval for
• No additional construction will occur and the Building Official has
verified the structure was built according to standard for condominiums.
Clint Chappel, 40205 Frogberry, Kenai -- Chappel stated Kebschull is correct
regarding the difference between a townhouse and condominium. When he built the
structure, he had in mind to eventually subdivide them. The fourplex is built so there
is a living unit-garage-living unit-garage, etc, and set up like a condominium. The
structures are built to fire code for condominiums. He has contacted an attorney who
is setting up the paperwork for him.
Kebschull noted, this permit is for the duplex. Chappel agreed and added, his efforts
PLANNING 8~ ZONING COMMISSION MEETING
APRIL 14, 2004
PAGE 2
were the same for the fourplex.
VOTE:
Amen Yes Glick Yes
B son Yes Barrett Yes Hammelman Yes
Eldrid e Absent
MOTION PASSED UNANIMOUSLY.
5-b. PZ04-14-An application for a Conditional Use Permit for Townhouses
(Condominium Development) for the property known as 920 Strawberry
Road-North (Lot 7, Block 4 Strawberry Hills Estate), Kenai, Alaska.
Application submitted by Clint Chappell, 40205 Frogberry Road, Kenai,
Alaska.
M4TION:
Commissioner Hammelman MOVED to approve PZ04-14 with the inclusion of staff
recommendations and Commissioner Bryson SECONDED the motion.
Kebschull stated she had no additional comments. The public hearing was opened.
Clint Chappell, 40205 Frogberry, Kenai -- Chappell stated he has an attorney
setting up requirements relating to the Horizontal Regimes Act and it will be submitted
to the city as soon as it is prepared in order to receive pre-approval.
Glick asked if there was a difference between this structure and the previous structure
discussed. Chappell stated no, other than this is a fourplex and the other is a duplex.
Amen asked if there were any different parking requirements for a fourplex and
Kebschull answered no, the building was constructed with sufficient off-street
parking. Bryson asked if the city had any area requirements to apply to the structure
and Kebschull answered, there is not separate water and sewer. ~JVithout separate
utilities, tovcmhouses are not allowed. Additionally, if they had been constructed as
townhouses, denser development would have been allowed.
VOTE:
Amen Yes Glick Yes
B son Yes Barrett Yes Hammelman Yes
Eldrid e Absent
MOTION PASSED UNANIMOUSLY.
PLANNING 8~ ZONING COMMISSION MEETING
APRIL 14, 2004
PAGE 3
Chairman Glick noted the appeal process for the record and added, appeals must be
received by the City Clerk within 15 days.
ITEM 6: OLD BUSINESS
b-a. Discussion/Recommendation -- Kenai Peninsula Borough Chapter
21.18 -- Anadromous Streams Habitat Protection
Kebschull referred to the memorandum from City Manager Linda Snow, which was
included in the packet with attachments, Snow referred to Kena.i Borough Code,
21.18.100 (c) which describes what the city would have to do if it decided to take over
the responsibility of enforcing the protection. She noted the city had not yet drafted
an ordinance to this effect as no request had been made by Council Member Bookey to
date .
Council Member Bookey explained he wanted to hear comments from the Planning 8~
Zoning Commission as well as the Harbor Commission prior to requesting an
ordinance be drafted. He added, his request for the council to consider taking over the
enforcement was not to weaken the Borough ordinance -- the city may want to
strengthen it and/or make it more restrictive. He added, he believed, with the political
situations across the Borough, it would be far better for the city to manage its own
portion of the river and it is important for the city to control its destiny, i.e. at this
time, permits and appeals, etc. are taken to the Borough Planning Commission and
the Assembly for review, a change in the code would allow city entities to make those
reviews, etc. Bookey also noted, he did not anticipate the additional work load to be
overwhelming.
Joe Moore, 1006 Inlet Woods, Kenai -- Noted, at one time, the Kenai River Special
Management Area wanted to include the lower five miles of the river in their plan. The
council fought to keep it out in order for the city to manage its property within the city
limits. The city has the ability to enforce the same rules and regulations now being
enforcedo Moore stated he is in favor of doing that and would like to see the issue
explored further.
A lengthy discussion followed in which comments included:
• Administration would be able to write permits for allowable use, but the
Planning 8~ Zoning Commission would be the body who would grant or deny
applications for conditional use permits.
~ Administration would report to the Commission what allowable permits
are written.
• City Council would act as a Board of Adjustment for appeals.
• The ordinance will offer the process and benchmarks for deciding
whether permit applications are allowable.
PLANNING 8~ ZONING COMMISSION MEETING
APRIL 14, 2004
PAGE 4
• The reports will require some environmental expertise which the staff
may or may not have; there will be cost involved with staffing; and, there will be risks
in making determinations by the Commission.
• Discomfort with the direction the city is proposing to go, i.e. there are
specific issues in the estuary area that don't occur elsewhere in the borough (brackish
or salt water), the city area includes industrial areas and the rest of the borough does
not, and special criteria will be needed if the city really wants to protect the river.
• Sometimes agencies are better off being an ally to other agencies instead
of being the agency itself, the Borough has the best interest of the city in mind, and
the ordinance cannot be less stringent. The Borough should continue doing the
enforcement and the city should not take over something that is working fine.
• What are the advantages, other than having the control?
~ The Kenai River Center will be completely accessible to city staff for any
environmental issues or other permitting issues that may come up.
• Wants the city to be the contact for developers who propose projects
within the city.
• In terms of time, staff time for accepting, review for completeness,
processing, filing and mailing a permit application takes 30 minutes and 75 minutes
for a conditional use permit. Since 1996, there have been only two conditional use
permits that came before the River Center and the rest were allowable use permits.
Staff time for adjudicating existing and allowable use permits without a field visit, an
additiona160 minutes and with a field visit an additional 120 minutes plus travel
time. Adjudicating a conditional use permit with a field visit is approximately six
hours plus travel time and Planning 8~ Zoning Commission meeting.
• Training time for staff will be extensive, but will not be overwhelming.
• It's difficult to decide on something without having a draft ordinance to
know what the requirements will be, etc.
The Commission was polled as to whether they objected to the process to consider
amending the code and it should go forward. The consensus was to move ahead to
consider an amendment, but they requested a draft ordinance be made available for
review to obtain a better feel for what the direction would be.
ITEM 7: NEW BUSINESS
7-a. Discussion/Recommendation -- Request to purchase Lot A-1 and Lot
A-2 Baron Park No. 6.
Kebschull referred to the memorandum from Kim Howard, included in the packet and
noted a request was made to make the above-referenced property available for sale. In
order to do so, the property must be designated as not required for public use. Sale
would be by competitive bid at not less than the fair market value.
PLANNING 8~ ZONING COMMISSION MEETING
APRIL 14, 2004
PAGE 5
MOTION:
Commissioner Barrett MOVED to recommend Lot A-1, Baron Park No. 6 is not needed
for public use and requested UNANIMOUS CONSENT. Commissioner Amen
SECONDED the motion.
Bryson noted his concern the sale of the property would be a one-time amount of
money into the Airport Land Fund, while a lease would be a long-term income. City
Manager Snow reported the area in which this property lies was originally developed to
sell so that it could be developed. Amen asked if a green strip is required for this type
of development. Kebschull stated there are only landscape site plan and parking
requirements. Barrett noted, the funds from the sale would go to the Airport ~.ind in
which the principal cannot be touched by the city. There would still be a revenue
stream from property taxes.
VOTE:
Amen Yes Glick Yes
B son Yes Barrett Yes Hammelman Yes
Eldrid e Absent
MOTION PASSED UNANIMOUSLY.
7-b. Discussion/Recommendation -- Request to purchase 16 acres adjacent
to Marathon Road (Proposed Baron Park No. 12).
MOTION:
Commissioner Amen MOVED to recommend this parcel is not needed for public use
and Commissioner Barrett SECONDED the motion.
Commissioner Bryson stated he would abstain from voting due to conflict of interest
as he may have a potential contract with the potential purchasers. Glick had no
objection to Bryson's abstention. He also noted, this was the same situation as the
previous property.
VOTE:
Amen Yes Glick Yes
B son Abstain Barrett Yes Hammelman Yes
Eldrid e Absent
MOTION PASSED UNANIMOUSLY.
PLANNING 8~ ZONING COMMISSION MEETING
APRIL 14, 2004
PAGE 6
7-c. Discussion/Recommendation -- Request to purchase Tract A-5
Dena'ina Point Estates
Kebschull noted a memorandum explaining the request and particulars of the
property was included in the packet. After revievcring the memorandum with the
Commission, Kebschull added, Administration is requesting a recommendation of
whether the property is or is not needed for public use.
MOTION:
Commissioner Amen MOVED to recommend Tract A-5 Dena'ina Point Estates is not
needed for public use and Commissioner Hammelman SECONDED the motion.
Bryson stated his encouragement for developing the property but noted problems in
that area with heavy erosion, etc. Bryson stated he supported the request. Amen
asked if the other properties in that area are developed in the future, will there be
recourse to recommend a green area for a playground, etc. Kebschull noted interest
by the Parks 8~ Recreation Commission to develop property across the highway for
softball fields, etc.
Barrett asked if extending water/ sewer lines will be an issue as noted in the third
paragraph of the memorandum. Kebschull answered, it would be the responsibility of
the developer to work out those issues.
VOTE:
Amen Ye s Glick Ye s
B son Yes Barrett Yes Hammelman Yes
Eldrid e Absent
MOTION PASSED UNANIMOUSLY.
ITEM 8: PENDING ITEMS
8-a. Amendment of KMC 14.20.320/Modular Homes -- No discussion.
ITEM 9: CODE ENFORCEMENT -- None.
ITEM 10: REPORTS
10-a. City Council -- Bookey reported the following:
~ He attended the Arctic Winter Games in Wood Buffalo, Alberta, Canada
in M arch .
PLANNING 8~ ZONING COMMISSION MEETING
APRIL 14, 2004
PAGE 7
• Council began the budget review work sessions and projections for sales
t~ look very encouraging.
10-b. Borough Planning -- Bryson reviewed actions taken during the April 12
Borough Planning Commission meeting.
10-c. Administration -- Kebschull reported the following:
• The annual gravel pit report was included in the packet. All are in
compliance with the city code. Pit monitoring is complaint driven.
• The building permit first quarter report was included in the packet.
• The city's updated Comprehensive Plan will be introduced to the Borough
Assembly at their April 20 meeting with the public hearing scheduled for May 18.
• She will be out of town and will miss the Apri128 Commission meeting.
The adult-oriented business ordinance will be before the Commission for public
hearing during that meeting.
• The Airport Plan Assessment is out to bid. Proposals are due May 6.
~ Kena.i Landing has been issued three building permits (restaurant and
three cottages) .
~ A fish and chips restaurant is to open in ten days.
• Ron's Rent-All is moving into the Professional Building on Willow. That
building is being renovated.
• Jersey Subs has picked up information for a building permit to place a
store in Kenai by McDonald's.
Bookey noted the process for Mr. Lowe (Dena'ina Point Estates) will be quite lengthy
and asked if administration had advised him of the total process. Kebschull stated all
issues were reviewed with Lowe by herself, Kim Howard and Public Works Manager La
Shot.
ITEM 11: PERSONS PRESENT NOT SCHEDULED -- None.
ITEM 12: INFORMATION ITEMS
12-a. Board of Adjustment Decision - Jones Appeal
12-b. Planning 8~ Zoning Commission roster
12-c. Zoning Bulletin (3 / 25 / 04)
12-d. Building Permits Quarterly Report
12-e. P8~Z Quarterly Report
12-f. City Council Roster
ITEM 13: COMMISSION COMMENTS & UESTIONS -- None.
ITEM 14: ADJOURNMENT
PLANNING & ZONING COMMISSION MEETING
APRIL 14, 2004
PAGE 8
The meeting adjourned at approximately 8:45 p.m.
Minutes transcribed and prepared by:
Carol L. Freas, City Clerk
PLANNING 8~ ZONING COMMISSION MEETING
APRIL 14, 2004
PAGE 9
CITY OF KENAI
PLANNING & ZONING COMMISSION
PZ04-15
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF
KENAI, ALASKA, RECOMMENDING TO THE COUNCIL OF THE CITY OF KENAI,
ALASKA THAT TITLE 14 OF THE KENAI ZONING CODE BE AMENDED BY ADOPTING
KMC 14.20.175 FOR THE REGULATION OF ADULT-ORIENTED BUSINESSES.
AMENDING TITLE 14 QF THE KENAI ZONING CODE BY ADOPTING KMC 14.20.175
FOR THE REGULATION OF ADULT BUSINESSES.
WHEREAS, adult businesses require a special supervision from the public safety
agencies of the City in order to protect and preserve the health, safety, and welfare of
the patrons of such businesses, as well as citizens of the City; and
WHEREAS, the United States Supreme Court held in Renton v. Ptaytime Theatres, Inc.,
475 U. S. 41 (1986) that communities were entitled to rely on the experience and
finding of other communities in dealing with adult businesses and on the findings of
Northend Cinema, Inc. v. Seattle, 90 P.2d 709 (1978);
WHEREAS, the city has relied upon the following studies in addressing the need for an
adult business ordinance: 1) Crime Impact Studies by Municipal and State
Governments on Harmfut Secondary Effects of Sexualty Oriented Business, National
Law Center for Children and Families (summarizing the experience and ~nding of 32
communities throughout the nation); 2) Report of the Minnesota Attorney general's
Working Group on the Regulation of Sexuatly Oriented Business (June 6, 1989); 3) Dana
M, Tucket, Preventing The Secondary Effects of Adult Entertainment Estabiishments: Is
Zoning The Sotution? Journal of Land Use and Environmental Law, Vol. 12.2, 1997; 30
Kelly Holsopple, Strcpclubs According to Strippers: Exposing Workplace Sexual Violence
(1998) availabte at www.uri.edu/artsci/wms/hughes/strcpcl,htm
U~IHEREAS, there is convincing, documented evidence that adult businesses, because
of their very nature, have a deleterious effect on both the existing businesses around
them and the residential areas adjacent to them, causing increased crime and
downgrading of property values, and
WHEREAS, it is recognized that adult businesses, due to their nature, have serious
objectionable operational characteristics, particularly when they are located in close
proximity to each other, thereby contributing to urban blight and downgrading the
quality of life in the adj acent area; and
WHEREAS, the Planning and Zoning Commission desires to minimize and control
these adverse effects, thereby protecting the health, safety, and welfare of the
citizenry; protecting the citizens from increased crime; preserving the quality of life;
and preserving the property values and character of surrounding neighborhoods; and
PZ04-15
Page 2 of 5
WHEREAS, the Planning and Zoning Commission has determined that locational
criteria alone do not adequately protect the health, safety and general welfare of the
citizens of Kenai; and
WHEREAS, it is not the intent of this resolution to suppress any speech activities
protected by the constitutions of the United States or the State of Alaska but rather to
enact a content-neutral ordinance, which addresses the secondary effects of adult-
oriented businesses.
NOW, THEREFORE, THE PLANNING AND ZONING COMMISSION RECOMMENDS
THAT THE COUNCIL OF THE CITY OF KENAI, ALASKA AMEND KMC 14.20.175 set
out as follows.
Title 14 PLANNING AND ZONING
14.20.175 Adult Businesses
(a) Definitions. For the purpose of this chapter, the following definitions
shall apply unless the context clearly indicates or requires a different
.
meaning:
1) "Adult bookstore" means a commercial establishment where at
least 51 percent of its interior floor area or retail merchandise
is devoted to the sale, rent, lease, inspection, or vievcring of
books, films, video cassettes, DVD's, magazines, other
periodicals or digital presentations whose dominant theme is
the actual or simulated specified sexual activities, display or
exhibition of specified anatomical areas, removal of articles of
clothing, or total nudity,
2) "Adult cabaret" means a restaurant, coffee house, bar or cabaret
which features topless dancers, strippers, male or female
impersonators, or similar entertainers who provide live adult
entertainment for commercial purposes,
3) "Adult entertainment" means any motion picture, live
performance, display, or dance of any type whose dominant
theme is actual or simulated specified sexual activities, display
or exhibition of specified anatomical areas, removal of articles
of clothing, or total nudity, offered for commercial purposes.
4j "Adult mini-theater" means an enclosed building with a capacity
of less than 50 persons used for displaying adult
entertainment through films, video, or other motion pictures
for commercial purposes.
5) "Adult motion picture theatre" means an enclosed building with
a capacity of 50 or more persons used for displaying adult
enterta.inment through films, video, or other motion pictures
.
or commerclal purposes.
6) "Adult business" means any adult bookstore, adult cabaret,
adult mini-theater, or adult motion picture theater.
7) "Commission" means the City of Kenai Planning and Zoning
.
ommission.
PZ04-15
Page 3 of 5
(b)
(c)
8) "Operator or manager" means any natural person responsible
for the actual operation and management of an adult business.
9) "Sexual conduct" means acts of:
i. Sexual intercourse within its ordinary meaning, occurring
upon any penetration, however slight; or
11. Any penetration of the vagina or anus, however slight, by
an obj ect; or
iii. Any contact between persons involving the sex organs of
one person and the mouth or anus of another; or
iv. Masturbation, manual or instrumental, of oneself or of one
person by another; or
v. Touching of the sex organs or anus, whether clothed or
unclothed, of oneself or of one person by another.
10) "Specified anatomical areas" means:
i. Less than completely and opaquely covered human
genitals, pubic region, buttocks, and female breast below a
point immediately above the top of the areola; and
ii. Human male genitals in a discernible erect state, even if
opaquely covered.
11) "Specified sexual activities" means simulated or actual:
i, Display of human genitals in a state of sexual stimulation
or arousal;
11. Acts of masturbation, sexual intercourse, sodomy,
bestiality, necrophilia, sadomasochistic abuse, fellatio, or
cunnilingus; and
iii. Fondling or erotic touching of human genitals, pubic
region, buttocks, or female breasts.
Location Requirements.
1) Adult Businesses may be located only in the CC, CG, IL and IH
zones, Additionally, no adult business may be located within
five hundred (500) feet of another adult business, a church or
other place of worship or public or private school.
2) The distances specified in this section shall be measured in a
straight line, without regard to intervening structures, from the
nearest point of the premises in which the proposed adult
business is to be established to the nearest property line of a
use listed above.
Development and Operation Standards, The following development
and operation standards shall apply to adult businesses:
1) No adult business shall be located in any temporary or portable
structure.
2) firash dumpsters shall be enclosed by a screening enclosure so
as not to be accessible to the public.
3) No exterior door or window on the premises shall be propped or
kept open at any time while the business is open, and any
exterior windows shall be covered vcrith opaque covering at all
times.
PZ44-15
Page 4 of 5
4) Permanent barriers shall be installed and maintained to screen
the interior of the premises from public view for each door used
as an entrance or exit to the business.
5) The entire exterior grounds, including the parking lot, shall be
lighted in such a manner that all areas are clearly visible at all
times.
6) Signage shall be governed by KMC 14.20.220 (Signs).
7) All entrances to an adult business shall be clearly and legibly
posted with a notice indicating that persons under 18 are
prohibited from entering the premises.
8) No adult business shall be operated in any manner that permits
the observation of any persons or material depicting, describing
or related to specified sexual activities or specified anatomical
areas, inside the premises, from any public way or from any
location outside the building or area of such establishment. This
provision shall apply to any merchandise, display, decoration,
sign, show window or other opening.
9) Each adult business shall conform to all applicable laws and
.
regu ations,
10) The adult business shall not operate or be open between the
hours of 2:00 a.m. and 9:00 a.m.
11) Amplified sound may not be broadcast outside the building and
structures used for the adult business.
12) No tip or gratuity offered or accepted by an adult entertainer
may be offered or accepted prior to any live performance, dance
or exhibition provided by the adult entertainer. No adult
entertainer performing live upon any stage shall be permitted to
accept any form of gratuity offered directly to the enterta.iner by
any member of the public. Any gratuity offered to any adult
entertainer performing live upon any stage must be placed into
a receptacle provided for receipt of gratuities by the business or
through a manager on duty on the premises, Any gratuity or tip
offered to any adult entertainer conducting any live
performance, dance or exhibition in or about the non-stage area
of the adult business shall be placed into the hand of the adult
entertainer or into a receptacle provided by the adult
entertainer, and not upon the person or into the clothing of the
adult enterta.iner,
13) No live entertainer shall engage in acts of sexual conduct.
14j An adult cabaret shall provide separate dressing room facilities
for performers, which are exclusively dedicated to the
performers' use.
15) Ad adult cabaret shall provide an entrance/exit for performers,
which is separate from the entrance/exit used by patrons.
16) An adult cabaret shall provide access for performers between
the stage and the dressing rooms, which are completely
separated from the patrons. If such separate access is not
physically feasible, the cabaret shall provide a minimum three-
foot wide walk aisle for performers between the dressing room
PZ04-15
Page 5 of 5
(d)
(e)
area and the stage, with a railing, fence or other barrier
separating the patrons and the performers that is capable of
preventing any physical contact between patrons and
performers.
17) All indoor areas of the adult cabaret where patrons or members
of the public are permitted, excluding restrooms, shal.l be open
to view by management at all times.
If any portion of this chapter, or its application to any person or
circumstances, is held invalid, the validity of this chapter as a
whole, or any portion thereof, and its application to other persons or
circumstances, shall not be affected,
Non-conforming Use: Any adult business operating at the time of the
effective date of this ordinance shall be considered a non-conforming
use under KMC 14.20.050, However, a business that only
periodically engages in adult business activity may continue to
operate as a non-conforming use at the same level of activity it
operated for the one-year period prior to the adoption of this
ordinance. For example, a bar or restaurant that operated as an
adult cabaret five times in the previous one-year period would be
allowed to operate as a non-conforming use five times per year.
PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI,
ALASKA, this 28th da, l~of April ~004.
Chairman
ATTE ST:
Suggested by: Council Member Swarner ,
CITY OF KENAI
ORDINANCE N0, -2004
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING
TITLE 14 OF THE KENAI ZONING CODE BY ADOPTING KMC 14.20.175 FOR THE
REGULATION OF ADULfi BUSINESSES.
WHEREAS, adult businesses require a special supervision from the public safety
agencies of the City in order to protect and preserve the health, safety, and welfare of
the patrons of such businesses, as well as citizens of the City; and
WHEREAS, the United States Supreme Court held in Renton v. Playtime Theatres, Inc.,
475 U.S. 41 (1986) that communities were entitled to rely on the experience and
finding of other communities in dealing with adult businesses and on the findings of
Northend Cinema, Inc. v. Seattte, 90 P.2d 709 (1978);
WHEREAS, the city has relied upon the following studies in addressing the need for an
adult business ordinance: 1) Crime Impact Studies by Municipal and State
Governments on Harmf~ut Secondary Effects, of Sexually Oriented Business, National
Law Center for Children and Families (summarizing the experience and finding of 32
communities throughout the nation); 2) Report of the Minnesota Attorney generar's
Working Group on the Regutation of Sexualiy Or~ented Business (June 6, 1989); 3) Dana
M. '1~.icket, Preventing The Secondary Effects of Adutt Entertainment Estabtishments: Is
Zoning The Solution? Journal of Land Use and Environmental Law, Vol. 12.2, 1997; 30
Kelly Holsopple, Stripclubs According to Strippers: Exposing Workplace Sexual Violence
(1998) available at www.uri.edu/artsci/wms/hughes/stripcl.htm
WHEREAS, there is convincing, documented evidence that adult businesses, because
of their very nature, have a deleterious effect on both the existing businesses around
them and the residential areas adjacent to them, causing increased crime and
doumgrading of property values, and
WHEREAS, it is recognized that adult businesses, due to their nature, have serious
objectionable operational characteristics, particularly when they are located in close
proximity to each other, thereby contributing to urban blight and downgrading the
quality of life in the adjacent area; and
WHEREAS, the City Council desires to minimize and control these adverse effects,
thereby protecting the health, safety, and welfare of the citizenry; protecting the
citizens from increased crime; preserving the quality of life; and preserving the
property values and character of surrounding neighborhoods; and
~VHEREAS, the City Council has determined that locational criteria alone do not
adequately protect the health, safety and general welfare of the citizens of Kena.i; and
Ordinance No. -2004
Page 2 of 5
~'.
~ ~ ~~.
WHEREAS, it is not the intent of this ordinance to suppress any speech activities
protected by the constitutions of the United States or the State of Alaska but rather to
enact a content-neutral ordinance, which addresses the secondary effects of adult-
oriented businesses.
NOV~I, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA that KMC 14.20.175 is enacted set out as follows.
Title 14 PLANNING AND ZONING
14.20.175 Adult Businesses
(a) Definitions, For the purpose of this chapter, the following definitions
shall apply unless the context clearly indicates or requires a different
.
meaning:
1) "Adult bookstore" means a commercial establishment where at
least 51, percent of its interior floor area or retail merchandise
is devoted to the sale, rent, lease, inspection, or viewing of
books, films, video cassettes, DVD's, magazines, other
periodicals or digital presentations whose dominant theme is
the actual or simulated specified sexual activities, display or
exhibition of specified anatomical areas, removal of articles of
clothing, or total nudity.
2) "Adult cabaret" means a restaurant, coffee house, bar or cabaret
which features topless dancers, strippers, male or female
impersonators, or similar entertainers who provide live adult
entertainment for commercial purposes.
~) "Adult entertainment" means any motion picture, live
performance, display, or dance of any type whose dominant
theme is actual or simulated specified sexual activities, display
or exhibition of specified anatomical areas, removal of articles
of clothing, or total nudity, offered for commercial purposes.
4) "Adult mini-theater" means an enclosed building with a capacity
of less than 50 persons used for displaying adult
entertainment through films, video, or other motion pictures
for commercial purposes.
5) "Adult motion picture theatre" means an enclosed building with
a capacity of 50 or more persons used for displaying adult
entertainment through films, video, or other motion pictures
for commercial purposes.
6) "Adult business" means any adult bookstore, adult cabaret,
adult mini-theater, or adult motion picture theater.
7) "Commission'° means the City of Kena.i Planning and Zoning
Commission.
~) "Operator or manager" means any natural person responsible
for the actual operation and management of an adult business.
9) "Sexual conduct" means acts of:
i. Sexual intercourse within its ordinary meaning, occurring
upon any penetration, however slight; or
4rdinance No. -2004
Page 3 of 5
,~ ~
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~~~:.
ii. Any penetration of the vagina or anus, however slight, by
an object; or
iii. Any contact between persons involving the sex organs of
one person and the mouth or anus of another; or
iv. Masturbation, manual or instrumental, of oneself or of one
person by another; or
v. Touching of the sex organs or anus, whether clothed or
unclothed, of oneself or of one person by another.
10) "Specified anatomical areas" means:
i. Less than completely and opaquely covered human
genitals, pubic region, buttocks, and female breast below a
point immediately above the top of the areola; and
ii. Human male genitals in a discernible erect state, even if
opaquely covered.
11) "Specified sexual activities" means simulated or actual:
i. Display of human genitals in a state of sexual stimulation
or arousal;
ii. Acts of masturbation, sexual intercourse, sodomy,
bestiality, necrophilia, sadomasochistic abuse, fellatio, or
cunnilingus; and
iii. Fondling or erotic touching of human genitals, pubic
region, buttocks, or female breasts.
(b) Location Requirements.
1) Adult Businesses may be located only in the CC, CG, IL and IH
zones. Additionally, no adult business may be located within
five hundred (500) feet of another adult business, a church or
other place of worship or public or private school.
2) The distances specified in this section shall be measured in a
straight line, without regard to intervening structures, from the
nearest point of the premises in which the proposed adult
business is to be established to the nearest property line of a
use listed above.
~c) Development and Operation Standards. The following development
and operation standards shall apply to adult businesses:
1) No adult business shall be located in any temporary or portable
structure.
2) Trash dumpsters shall be enclosed by a screening enclosure so
as not to be accessible to the public.
3) No exterior door or window on the premises shall be propped or
kept open at any time while the business is open, and any
exterior windows shall be covered with opaque covering at all
times.
4) Permanent barriers shall be installed and maintained to screen
the interior of the premises from public view for each door used
as an entrance or exit to the business.
5) The entire exterior grounds, including the parking lot, shall be
lighted in such a manner that all areas are clearly visible at all
times.
6) Signage shall be governed by KMC 14.20.220 (Signs).
~ r :~
4rdinance No. -2004 ~ ~ .~ ~ ~
Page 4 of 5
7) All entrances to an adult business shall be clearly and legibly
posted with a notice indicating that persons under 18 are
prohibited from entering the premises.
8) No adult business shall be operated in any manner that permits
the observation of any persons or material depicting, describing
or related to speci~ed sexual activities or specified anatomical
areas, inside the premises, from any public way or from any
location outside the building or area of such establishment. This
provision shall apply to any merchandise, display, decoration,
sign, show window or other opening.
9) Each adult business shall conform to all applicable laws and
regulations.
10) The adult business shall not operate or be open between the
hours of 2:00 a.m. and 9:00 a.m.
11) Amplified sound may not be broadcast outside the building and
structures used for the adult business.
12) No tip or gratuity offered or accepted by an adult entertainer
may be offered or accepted prior to any live performance, dance
or exhibition provided by the adult enterta.iner. No adult
entertainer performing live upon any stage shall be permitted to
accept any form of gratuity offered directly to the entertainer by
any member of the public. Any gratuity offered to any adult
entertainer performing live upon any stage must be placed into
a receptacle provided for receipt of gratuities by the business or
through a manager on duty on the premises. Any gratuity or tip
offered to any adult entertainer conducting any live
performance, dance or e~ibition in or about the non-stage area
of the adult business shall be placed into the hand of the adult
entertainer or into a receptacle provided by the adult
enterta.iner, and not upon the person or into the clothing of the
adult entertainer.
13) No live entertainer shall engage in acts of sexual conduct.
14) An adult cabaret shall provide separate dressing room facilities
for performers, which are exclusively dedicated to the
performers' use.
15) And adult cabaret shall provide an entrance/exit for performers,
which is separate from the entrance/exit used by patrons.
16) An adult cabaret shall provide access for performers between
the stage and the dressing rooms, which are completely
separated from the patrons, If such separate access is not
physically feasible, the cabaret shall provide a minimum three-
foot wide walk aisle for performers between the dressing room
area and the stage, with a railing, fence or other barrier
separating the patrons and the performers that is capable of
preventing any physical contact between patrons and
performers.
17) All indoor areas of the adult cabaret where patrons or members
of the public are permitted, excluding restrooms, shall be open
to view by management at all times.
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Ordinance No. -2004 '~;~~~ ~~~'~
Page 5 of 5
(d) If any portion of this chapter, or its application to any person or
circumstances, is held invalid, the validity of this chapter as a
whole, or any portion thereof, and its application to other persons or
circumstances, shall not be affected.
(e) Non-conforming Use: Any adult business operating at the time of the
effective date of this ordinance shall be considered a non-conforming
use under KMC 14.20.050. However, a business that only
periodically engages in adult business activity may continue to
operate as a non-conforming use at the same level of activity it
operated for the one-year period prior to the adoption of this
ordinance. For example, a bar or restaurant that operated as an
adult cabaret five times in the previous one-year period would be
allowed to operate as a non-conforming use five times per year.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this day of
2004.
John J. Williams, Mayor
ATTEST:
Carol L. Freas, City Clerk
~2 / 23 / 04 sp)
STAFF REPORT
To: Planning & Zoning Commission
Date: April 1, 2004
Res : PZ04-16
GENERAL INFORMATION
Applicant: Gary Hershberger 283-9316
840 Sand Dollar Drive
Kenai, AK 99611
Requested Action: Variance - Development Requirements
(KMC 14.24.020) Rear Setback - 15-Foot Variance
Legal Description: Lot 6, Block 1, VIP Ranch Estates, Part 3
Street Address: 840 Sand Dollar Drive
KPB Parcel No.: 04940030
Existing Zoning: RR - Rural Residential
Current Land Use: Residential
Land Use Plan: Low Density Residential
ANALYSIS
General Information:
KMC 14.20.180 details the intent and application process for Variance Permits.
The Code also outlines the review criteria that should be used by the Planning and
Zoning Commission to determine if a variance should be granted. The Commission
shall establish a finding that all of the following conditions exist as a prerequisite to
issuance of a variance permit:
1. Special conditions or circumstances are present which are peculiar to
the land or structures involved which are not applicable to other lands
or structures in the same zoning district.
2. The special conditions or circumstances have not been caused by
actions of the applicant and such conditions and circumstances do not
merely constitute a pecuniary hardship or inconvenience.
3. The granting of the variance shall not authorize a use that is not a
permitted principal use in the zoning district in which the property is
located.
4. The granting of a variance shall be the minimum variance that will
04-16 Comment.doc
Page 2
provide for the reasonable use of the land and/or structure.
5. The granting of a variance shall not be based upon other non-
conforming land uses or structures within the same land use or zoning
district.
Applicant is requesting a 15-foot rear setback variance to construct a 30 by 32
square foot garage. The building official has determined based on the location of
the front of the house that this is a rear setback variance. A 20-foot rear setback is
required in the zone. Applicant has noted that due to his unusual lot configuration
space is limited for car access and traffic flow.
Attached is a site plan showing the triangular-shaped lot. The plan shows the
location of the house, the septic system, well, driveway and location for the
proposed garage. The house was built in 1983 and is fairly centrally located on the
lot.
KMC 14.20.180 requires that the variance meet the five conditions listed above.
The following is a review of those conditions as they apply to this application:
• The first condition requires that there are special circumstances or
conditions present which are peculiar to the land or structures involved
which are not application to other lands or structures in the same zoning
district. The applicant has noted the "unusual lot configuration" as
explanation for his request. The triangular-shaped lot and location of the
house and water and sewer locations do limit further development on this
lot.
• The second condition requires that the circumstances have not been
caused by the applicant and do not merely constitute a pecuniary hardship
or inconvenience. The applicant did not subdivide the lot; however, the
original building permit for the residence was issued in 1983 to the
applicant.
• Granting this variance will not authorize a use that is not permitted in the
zone.
• The applicant has stated that he could reconfigure his driveway and may
be able to place the structure further than 5 feet away from the property
line. Based on this information, it does not appear that the requested 15-
foot variance is the minimum variance that will provide reasonable use of
the land. In addition, because the primary use of this property is
residential and there is a residence located on the lot, the applicant
currently has reasonable use of the land.
• The variance is not based on other non-conforming land uses or structures
in the same zoning district.
Based on this review, it does not appear that the requested variance meets the
requirements of KMC 14.20.180.
04-16 Comment.doc
City Enqineer:
Nothing additional.
Page 3
Buildinq Official:
If the variance is approved, the 5-foot setback would not violate any building code
provisions.
RECOMMENDATIONS
It does not appear that a 15-foot rear setback variance is the minimum variance
that will allow reasonable use of the land and the application, as submitted, does
not meet the requirements of KMC 14.20.180. If the Commission determines that
the variance should be approved, recommend that the minimum variance be
granted.
ATTACHMENTS:
1. Resolution No. PZ04-16
2. Application
3. Drawings
CITY OF KENAI
PLANNING AND ZONING COMMISSION
VARIANCE
RESOLUTION N0. PZ04-16
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI
GRANTING A VARIANCE AS AUTHORIZED BY 14.20.180 OF THE KENAI ZONING CODE:
NAME: Gary Hershberqer
ADDRESS: 840 Sand Dollar Drive
LEGAL: Lot 6, Block 1, VIP Ranch Estates, Part 3
PARCEL N0: 04940030
UUHEREAS, The Commission finds that Section 14.20.180 provides that a variance from the strict
provisions of the zoning code may be granted by the Commission if all conditions specified in
14.20.180 are met, and
WHEREAS, the City of Kenai Planning and Zoning Commission finds:
1. That an application meeting the requirements for a variance has been submitted and received
on April 1, 2004
2. Thatthis request is located on land zoned RR- Rural Residential
3. That the applicant seeks a variance from the specified requirement of the Zoning code:
KMC 14.24.020 - Development Requirements Table - Rear Setback -15-Foot Variance
4.
a. Special conditions orcircumstances are presentwhich are peculiarto the land orstructures
involved which are not applicable to other lands or structures in the same land use orzoning
district.
b. The special conditions or circumstances have not been caused by actions of the applicant
and such conditions and circumstances do not merely constitute pecuniary hardship or
inconvenience.
c. The granting of the variance does not authorize a use that is not a permitted principal use in
the zoning district in which the property is located.
d. The granting of the variance is the minimum variance thatwill provide forthe reasonable
use of the land andlorstructure.
e. The granting of the variance is not based upon other non-conforming land uses or
structures within the same land use orzoning district.
5. That the Commission conducted a duly advertised public hearing as required by KMC
14.20.280 on: April 28, 2004. .
6. Applicant must comply with all Federal, State, and local regulations.
NOW, THEREFORE, BE IT RESOLVED, BY THE PLANNING AND ZONING COMMISSION OF
THE CITY OF KENAI THAT THE CONDITIONS SPECIFIED IN 14.20.180 HAVE BEEN SHOWN
TO EXIST AND THEREFORE GRANTS THE VARIANCE.
PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA,
April 28, 2004.
CHAIRPERSON:
ATTEST:
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~~~~~~~~
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~11NG DEPA~~'M~,
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21~0 FIDAtGO AYE., SUCCE 200 IEENat, ALASI(a 88611•7194
T~LEPHONE 907-283-7535
FAX 807-283-3014 ~
4~ ~1
1491
DATE: ~ ~ D
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NAM~. ~ PHaNE. ~ ~ I
MAfLING A~DRESS: ~~ ~ ~~`~ ~0~-~-~-
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LECAL D~~CRIPTI{JN. ,
~~~___~___ ,_______.~_ ~ .~ _______.~ ,.. _
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KPB PI~R~Et fVUMBER: ~~ `~ ~ ~ ~ d
PR~PER~'Y ZCJI~IN~:
A~PPL,I~ATl~I~ FaR VARlANCE REF~MiT
~~
~ I AM REC~UESTI~IG A VARlANCE FR~M ~tate section of Kenai Muni i I
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Code~: ~ ~~~~~~~~~ ~ ~r ~°~.~~ ~~~.~~' ~~~
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Section 14~20.18~ of the Kenai Municipal code ou#lines regulation$ for Vari~nce
~ermits which is the relaxation of the nevelopment Requirements Tabie to
provide relief when th~ literal enforcement would deprive a property awner of the
reasonable use of his r~al property: PLEASE R~ TME F~LLaWING,
~OMPLETE THE B~.ANKS AND INfTiAL TH~ SPAC~ AFTER THE ITEM
_______
~~l~BER Tfl II~DICATE THAT YUU HAVE READ AND UNDERSTAND THES~
~tJNDITIONS.
1, _____ Pravide a sit~ pian af the proper~r includin~ l~ocatian of a~l existing
and proposed buildings or alterations, elevations af such buildings
ar a~terafiions, and such data as may be required.
~ . . . . . . .
2. ~__.~_ ~4 Pub(~c No~Nf~~atcon and hear~ng ~s requ~red before the ~ssuance Q~
this permit. A$1 a5.~0 non-refundable d~positladverti~ing fee is
required ta cover these no~~fication costs. ~Pfease see attached
procedure sheet.}
3. ~/ You are re uired ta ost the ro ert in uestion witM a si n
_____ q p P~ Y q 9
advising that the property is being cons~dered for a variance. You
must fi~e an ~~idavifi o~ Pasting with this offiee two weeks prior to
the scheduled public hearing, If this affidavit is not filed, the
hearing wili r~ot b~ scheduled.
To approve the requested varianee, ~he Commissior~ shaf! estabfish a finding that
all of the following conditions exist as a prerequisite ~o issuance of a variance
permit. ~
• Sp~cial conditi~ns or circum~ta~~~~ are present wh`rch ar~ peculiar t~ the .
land or structures invofved which are not appiicable to other lands or
str.~c~u~e.~~t~~e_.~aaa~za~i~g-~t~ic~ _
• The special candit~ons or cireumstances have nat been caused by a~tions
,
of the applic~t and su~- ~ond~ti.Qn~ a.~d circu~t~~~clo__ ~~e~e~j~
cQnstitute a pecuniary hardship or inconvenience. ~.
~- Th~- g~-~ting of the variance shall not authori~e- a--~~e--~b~ --i~-r~a~--~-
permitted princ'rpal use in the zoning district in which the property ~s ~~~
~t:~#~dr _ _
• T~he granting of a variance shall be the minimur~ variance that wi~! pro~r~de
~or the reasonable use of the Ia~d~ad~a~-~~tu-~e~-
~
d The granting of a variance shall not be based upon other non-conformang `'
land ~ses or structures witk~i~~k-.~-sa~e--~a~-~.~se-a~ zo~i~~ct,-
,
,
~
ADDITI4NAL ~~MMENTS:
%/~/ S !S ~- i~~~ ~~s~ 7~ O~t~I ~, ~ C ~s ~~ ~ o
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Applicant's Signature: --__~~_ ------------- '""~
~~*~~**
f~eviewed approved by the Planning Commission on _____ day of
C~a~~~e~sv~: ~.--_~_~__~._________
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STAFF REPORT
To: Planning & Zoning Commission
Date: April 6, 2004
Res: PZ04-17
GENERAL INFORMATION
Applicant: Emma Lee Whitaker 283-7285
1506 Bumblebee Avenue
Kenai, AK 99611
Requested Action:
Legal Description:
Street Address:
KPB Parcel No.:
Existing Zoning:
Current Land Use:
Land Use Plan:
ANALYSIS
Home Occupation - Day Care
Lot D, Davidson Subdivision
1506 Bumblebee Avenue
04519032
RS - Suburban Residential
Residential
Medium Density Residential
General Information:
KMC 14.20.230 outlines the regulations that allow home occupations.
Day care is specifically listed in the code as a permitted home occupation,
Applicant is aware the code allows her to watch up to 8 children including her own
from her residence. At this time she plans to only watch her 3 grandchildren. The
floor plan is the same sent to the state for licensing approval. The proposed
day care meets the requirements for a home occupation.
A fire inspection was conducted on the residence on March 31, 2004. If
the day care is still in operation, a follow-up will be required on March 31,
2006.
RECOMMENDATI~NS
Recommend approval.
ATTACHMENTS:
1. Resolution No, PZ04-17
2, A~plication
3. Dra~vings
CITY OF KENAI
PLANNING &ZONING COMMISSION
RES4LUTION N0. PZ04-17
HOME OCCUPATION PERMIT
A RESOLUTION OF THE PLANNING & ZONING COMMISSION OF THE CITY
OF KENAI GRANTING A REQUEST FOR A HOME OCCUPATION PERMIT AS
AUTHORIZED BY 14.20.230 OF THE KENAI ZONING CODE,
FOR: Whitaker Daycare - Daycare
(Type of Permit}
OPERATED BY: Emma Lee Whitaker
LOCATED: 1506 Bumblebee Avenue - Lot D, Davidson Subdivision
(Street Address and Legal Description)
KENAI PENINSULA BOROUGH PARCEL N0: 04519032
WHEREAS, the Commission finds:
1. That an application meeting the requirements of Sec.14.20.230 has been
submitted and received on April 2, 2004.
2. That the application has been reviewed by the Commission at their meeting
of April 28, 2004 and found that all application requirements have been
satisfied.
3. That the applicant has demonstrated with plans and other documents that he
can and will meet the requirements and conditions as specified.
4. That the following additional requirements have been established by the
Commission as a condition of permit issuance:
5. Applicant must comply with all Federal, State, and local regulations.
NOW, THEREFORE, BE IT RESOLVED, by the Planning & Zoning Commission
of the City of Kenai that the applicant has demonstrated that the proposed
development meets the conditions required for said proposal and therefore the
Commission authorizes the permit.
PASSED by the Planning & Zoning Commission of the City of Kenai, Alaska, this
28tn day of A ril 2004.
Chairman:
ATTEST:
~~i
,~
~
~
~ ~
~
HOME QCC ~
UPATION P~ERl~7 :.
~'
1{A ,
APPLICATION ;~
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DATE: ~ ~ .~~ _ ~~ ~Fp~~q,
- ' ~' ~ '~'~r~y
~., , ~i~1, ,
NAME: ~ ~~ ` ~ ~ PHO • ~~
NE. ~~ ~ ~~ _ --~ ~1 ~ ~~
. +~
MAILING ADDRESS: , 5 ~~ ~ ~ ~, ^ ~ , , . " . ,~ •
. ~ _ ~ ~ ~, ~ ~
~ ~L ~~
PHYSICAL ADDRESS: ~ - ~ ~ r
~ ~ " ~' ~ Y ~~ C
., l ~
LEGAL DESCRIPTION:
~ ~~1 ~
PARCEL NUMBER: ~- :~ ~ ~ ~~ ~ ~. , ,
~ ~
ZONING.
DESCRIPTION OF OCCUPATION: r a
,
Pl~,~
Section 14.20.230 of the City of Kenai Munici al Code outlines '
p regulatlons that allow
Home Occupations in residential zones, sub'ect to the followin ''
J g condrtions:
• Not more than one person outside the famil shall be em lo ed i
. Y p y n the home
occupatlon.
• No rnore than 30 % of the gross floor area of all buildin s on the
, g lot shall be
used for the home occupation. Submit a site lan showin s uar
-- p g a e footage
of all structures on the lot includin the residence and an ac
cessor
structures. In addition show arkin areas and traf~c atterns. Cl
earl
mark the area to be used for the home occu ation.
• The home occupation shall be carried an wholl within the rin ' ''
. , , Y p cipal building,
or the bullding whlch are accessory thereto. An buiidin used f
, Y g or a home
occupatlon shall be wholly enclosed.
~ ,.
~.~~ ~
Applicant's Signature: ;~ . ~~ ~ ,
Date. - ~ - ~ ~
M
~ ~ ~ ~ ~ ~ ~ ~
r
~
~~~ V r r I '
A lication reviewed an • ' ~ ~ ~~ ~
pP d approved by.
Plannin oning Of ici -1
ate: (,~
Approved by the Planning & Zoning Commission: •
Date.
E:IWpdo~slFORMSIHOME OCCUPATInN PF R M1T A ppt ~r e Trn~T a
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~~~~i~~~~Y~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~1~~~~~~~~~~~~
( ~tl~~ II] l'Ol~'111:!.Illil .~ ?l~.il~l~'~~;' i
- 2
Local All Hazard Mitigation Plan
Table of Contents
I. Introduction . . . . . . . . .. . .. . .. . .. . .. ... . .. . .. . ... .. ... ... . .. . .. ... . .. . .. . . . . .. . .. . . 1
A. Purpose of the Plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
B. Methodology ................................................................
C. (city of .,..,) History and Background . . . . . .. . .. . . . . . . . . . . .. . . . . . . . . . . ...
II. Adoption Process and Documentation ........................................
III. Planning Process .................................................................
A. How ~Vas it Done? . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
B. Who Were the Contributors? . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . .. . .. . . . . . . . ..
C. Public Opportunity for Involvement ........................................
IV. Risk Assessment Findings . . . . . .. . . . . .. . .. . . . . . . . . . . .. . .. . . . . . . . .. . . . . . . . . . . . . . .
A. Hazard Identification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ...
B. Profile of Hazard Events . . .. . .. . . . . . . . .. . .. . .. . .. . . . . .. . . . . .. . .. . .. . . . . . . . ..
C. Vulnerability Assessments . . .. . .. . .. .. . . . . . .. . .. . .. . .. . .. . . . . . . . .. . ... . . ....
D. Analysis of Development Trends . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
V. Mit~gation Goals, Objectives, and Strategies .. .. . . . . . . . . . . . . . .. . .. . . . . . . . ...
VI. Implementation and Maintenance Procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ...
A. Implementation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
B. Maintenance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . ..
Appendices
A. Glossary of Terms
B. Acronyms
C. Methodology-Hazard Prioritization, Loss Estimation
D, Resources
E. GIS Metadata
Fe List of Critical Facilities
G. List of Historic Sites
H. List of Emergency Shelters
I, List of Hazardous and Extremely Hazardous Materials Sites
J, Funding Sources
--------------------------------------------------------------- ------------------------------------------------------------•---
f~~,~ ;; ~~~~~ ;:~~ 3
Local All Hazard Mitigation Plan ~
Chapter I - Introduction
A. Purpose of the Plan:
The purpose of the All-Hazard Mitigation Plan is to fulfill the FEMA requirement under
The Robert T. Stafford Disaster Relief and Emergency Assistance Act (the Act), Section
322, Mitigation Planning enacted by Section 104 of the Disaster Mitigation Act of 2000
(DMA) (P.L.106-390). This initiative provides new and revitalized approaches to
mitigation planning. Section 322 emphasizes the need for State, local, and tribal entities
to closely coordinate mitigation planning and implementation efforts. As part of the
process of implementing the DMA, FEMA prepared an Interim Final Rule (the Rule) to
clearly establish the mitigation planning criteria for States and local and tribal
governments. This Rule was published in the Federal Register on February 2b, 2002, at
44 CFR Part 201. This plan will identify hazards; establish community goals and
objectives and develop mitigation strategies and activities that are appropriate for the
;, ,
~.'1~~~ t:.3~ ~~..s;~a~i~.1~.
The Disaster Mitigation Act of 2000 (DMA 2000), Section 322 (a-d), as implemented
through 44 CFR Part 201.6 requires that local governments, as a condition of receivin
.. . .. . g
federal disaster mitigatlon funds, have a mitigatlon plan that describes the process for
identifying hazaxds, risks and vulnerabilities, identifying and prioritizing mitigation
actions, encouraging development of local mitigation and providing technical sup ort for
p
those efforts.
The purpose of this plan is to produce a program of activities through actions and pro'ects
o . Y ,, , , J
that will best deal with the ~.' ~~~- ~:~ C~ 1~.e~--~;t~ ~~ hazard problems, while meeting other
community needs. This plan will accomplish the following objectives consistent with
FEMA planning process guidelines:
~ Describe the planning process to include public involvement;
• Conduct an assessment of the risks;
• Determine what facilities, or portions of infrastructure, are vulnerable to a
disaster;
~ Develop a mitigation strategy to reduce potential losses and target
resources;
• Describe how each entity will periodically evaluate, monitor maintain and
update the plan; and,
• Describe the process for implementing the plan after adoption by the
local governing body of the community and receiving FEMA approval .
------------- ----------------------------------------------------------------
~ ~ ~j 4
Local All Hazard Mitigation Plan
B. Methodology
The approach used for the development and updating of the ~~. ' ~ ~:~~~ c? ~' l~. ~l ~ ~ ~:i i : ~ a ~ ~ ~ ~: ~ l ~, c (, ~t
1~ ~ x~~:~ a~=' ~: ~:~ ~~ ~ A ti ~,. l~a C~~ ~:~~ ~~~~ ~.€ ~:~ ~ ~..- ~ 1?~- Hazard Mitigation Plan consisted of the following tasks:
1. Coordinate with other agencies and organizations
2. Solicit public involvement
3. Conduct hazard area inventory
4. Review and analysis of possible mitigation activities
5. Describe the update and review process and schedule for plan maintenance
6, Coordinating the Plan with the State Hazard Mitigation Plan
7. Submitting to the State Hazard Mitigation Officer for Review
8. Submitting to FEMA Region 10 for Review and Approval
9. Adoption of the Plan following a public hearing
This All Hazard Local Mitigation Plan contains a list of potential projects and a brief
rationale or explanation of how each proj ect or group of proj ects contributes to the
overall mitigation strategy outlined in the plan.
This plan summarizes the activities outlined above to assess the effects of hazards in the
t:~'~~:~~ ~~~ ~~.~~~~~~~ ~:-0f ~~ flooding, earthquake, wildfire, ~-~.~1~~~~~i~; ~~.,.~~tic~n ~~~~c~ C~:al1~~c~t ~~nt~.
l
~~ l~~~'~` ~}~~t~~~ i~:~ r~ etc. and recommends mitigation strategies and activities. The City of Kenai
annexes to the plan describe specific hazards experienced by the City; erosion, wildland
fires, and floods.
The mitigation plan will be evaluated and updated every five years. In addition, the plan
will be updated, as appropriate when a disaster occurs that significantly affects ~1~~~
4,} ~~ 1~ ~~~~~~~, whether or not it receives a Presidential Declaration. The update will be
cornpleted as soon as possible, but no later than 12 months following the date the disaster
occurs.
Routine maintenance of the plan will include updating historical hazard information,
completing hazard analysis and adding proj ects, as new funding sources become
available or taking projects off the list when they are accomplished.
--------------------------------------------------------------- ----------------------------------------------------------------
~~ ~ ~..
, ,~ ., 5
, ~ ',~::~: ~
Local All Hazard Mitigation Plan
C. ~ ,~.~.~. ~ ~}.- i~:r_:'~~~~J -Background
City of Kenai
Location
Kenai is located on the western coast of the Kenai Peninsula, fronting Cook Inlet. It lies
on the western boundary of the Kenai National V~ildlife Refuge, on the Kenai Spur
Highway. It is approximately 65 air miles and 155 highway miles southwest of
Anchorage via the Sterling Highway. It lies at approximately 60.55444° North Latitude
and -151.25833° West Longitude. (Sec. O5, TOOSN, RO11W, Seward Meridian.)
Kenai is located in the Kenai Recording District. The area encompasses 29.9 sq. miles of
land and 5.b sq. miles of water.
Climate
Winter temperatures range from 4 to 22; summer temperatures vary from 46 to 65.
Average annual precipitation is 20 inches.
History
Prior to Russian settlement, Kenai was a Dena'ina Athabascan Indian village. Russian fur
traders first arrived in 1741. At that time, about 1,000 Dena'ina lived in the village of
Shk'ituk't, near the River. The traders called the people "Kenaitze," or "Kenai people." In
1791, a fortified Russian trading post, Fort St. Nicholas, was constructed for fur and fish
trading. It was the second permanent Russian settlement in Alaska. In 1849, the Holy
Assumption Russian Orthodox Church was established by Egumen Nicholai. In 1869, the
U.S. military established a post for the Dena'ina Indians in the area, called Fort Kenay,
w hic h was a ban done d in 1870 after Alaska was purchased by the U.S. A post
office was established in 1899. Through the 1920s, commercial fishing was the primary
activity. In 1940, homesteading enabled the area to develop.
The first dirt road from Anchorage was constructed in 1951. In 1957, oil was discovered
at Swanson River, 20 miles northeast of Kenai - the first major Alaska oil strike.
The City was incorporated in 19b0. In 1965, offshore oil discoveries in Cook Inlet fueled
a period of rapid growth. Kenai has been a growing center for oil exploration, production
and services since that time.
Culture
The Kenai River is a major sport fishing location for Anchorage residents and tourists.
The river is world renown for trophy king and silver salmon. The Kenaitze (Tanaina
Athabascans} live borough-wide and utilize the rich resources of Cook Inlet.
Population and Economy
The Department of Community and Economic Development certified Kenai's population
at 7,166 people. Figure 4 depicts the historical population of Kenai as determined by the
U.S. Census Bureau. Kenai is incorporated as a home rule city.
------------------------- ----------------------------------------------------------------
i '. , , . ,. 6
Local All Hazard Mitigation Plan
The City is the center of the oil and gas industry, providing services and supplies for
Cook Inlet's oil and natural gas drilling and exploration. Tesoro Alaska's oil refining
operations and Unocal's urea plant are located in North Kenai. Both instate and out-of
state visitors provide a signifcant industry on the Peninsula.
Other important economic sectors include sport, subsistence and commercial
~shing, fish processing, timber and lumber, agriculture, transportation services,
construction and retail trade. 234 area residents hold commercial fishing permits.
The largest employers axe the Borough School District, Unocal, Peak Oilfield Services,
the Borough, and Central Peninsula General Hospital.
The Challenger Learning Center of Alaska was completed in Spring 2000.
Logging of spruce bark beetle-killed timber also occurs in the area.
Facilities
VVater is supplied by three deep wells and is piped to 75% of households. A fourth well
is planned. Sewage is piped and receives secondary treatment. The remaining 25% of
households use individual water wells and septic systems. Natural gas from Enstar is
primarily used for home heating purposes. Homer Electric Assoc, operates the Bradley
Lake Hydroelectric Project and is part owner of the Alaska Electr~c Generation &
Transmission Cooperative. It also purchases electricity from Chugach Electric. A
Borough refuse transfer station is located on Redoubt Ave. The Borough landfill is
located in nearby Soldotna, at mile 110.4 Sterling Hwy,
Transportation
Kenai is accessible by the Sterling Highway to Anchorage, Fairbanks, Canada and the
lower 48 states. The City-owned Kenai Municipal Airport provides a 7,575' asphalt
runway, a 2,000' gravel strip, a float plane strip, and helicopter service. A Flight Service
Station is available. Float plane facilities are also available at Island Lake and Arness
Lake. There are five additional privately-owned airstrips in the vicinity. The Kenai City
Dock and boat ramp are located near the mouth of the Kenai River. There are also a
number of private commercial fish processing docks. Moorage is by buoys anchored in
the Kenai River.
Chapter II - Adoption Process and Documentation
The t~"ir~- {:?f~ ~Ac~~4~i .~~.~~~r~~~~~ 1~~.~ tl~~~ ~~t~~r~~~~ ~:'~~,~-~a~~~~~rl~~ ~:~~}~-c~~~~r1~ All-Hazards Mitigation Plan
was developed as ~~~~,~~ {~ t~ a t~~ ~~~ I~ i µ~~i .~il i c t i c~ ~~ ~~ i lan; therefore, to meet the requirements
of Section 322 the plan was adopted by the local governing body as well as the borough.
This section documents the adoption process of each local government in order to
demonstrate compliance with this requirement (~~ ~::)I~~) .~1 I:)t:~- k=~' [~~ [ t:~)'~ ~' k~ (. ~t:' ~: ~~; 5(:}~~
~=' (. ' ~:~ 1_..1 ~.l' ( ~ ~; ,~~ 1~~ ~ ~~ ~.:~ ~ , ;~~~. ~~ ) ~ ;,.~ ~,.1) (. ~ ~~ If ~ l'~~ ~~~~'`~' ~:.' ~ ~: `~ ~'~ ;`~ .~~ I~ l~ ~:~ "~ ~~~~ I ~ ) .
~ ~,1; ~ ,~,~;-,;,~ ,~r~,;; ,.. ~~~~.~.
~ x~ ~,ri
Local All Hazard Mitigation Plan
**Formal Adoption should occur after prelimina a roval of the lan
rY pp p
from the State Hazard Mitigation Officer (SHMO) and FEMA Re ion
g
10 Mitigation personnel. Refer to next page for a sam le ado tion
p p
resolution ~ *
-------- ------------------------------------------------------ ----------------------------------------------------------------
( i,1 i~ ~' '~!~~ ~~~i~~. , .'.i i g
Local All Hazard Mitigation Plan
SAMPLE
Sample All Hazard Mitigation Plan Adoption Resolution
Resolution #
Adopting the ~~ ~~x. ~: t All Hazards Mitigation Plan
Whereas, ';-.: ;_ :~.~~~~~ ~~~-~*: ; recognizes the threat that all hazards pose to people and
property; and
Whereas, undertaking hazard mitigation actions before disasters occur will reduce the
potential for harm to people and property and save taxpayer dollars; and
Whereas, an adopted all hazards mitigation plan is required as a condition of future grant
funding for mitigation proj ects; and
Whereas, !~~~.: ~:~._.~; t participated j ointly in the planning process with the other
local units of government with the Borough to prepare an All Hazards Mitigation Plan;
Now, therefore, be it resolved, that the ~: ~ ~ ~ ~, ~ ~ ~~i ~,.j ~ ~ . : : City Council, hereby adopts 3' ~ .~
~~. E~,~~ ~~ b~;. ~~ All Hazards Mitigation Plan as an official plan; and
Be it further resolved, that -~ ~~~~~ ;~.:,, ~:; will submit on behalf of the participating
municipalities the adopted All Hazards Mitigation Plan to the Alaska Division of
Emergency Services and the Federal Emergency Management Agency officials for final
.
review and approval.
Passed:
Certi~'ying Official
--------------------------------------------------------------- ----------------------------------------------------------------
~;,i~; i~: , ~~i':-~;ii;~~' .;. ,..;. + 9
Local AlI Hazard Mitigation Plan
SAMPLE
Chapter III - Planning Process
A. - How was it done? (Describe how the planning process was accomplished.)
The planning department, using staff assets, developed the t[ `i i~~ L j I` ~~. ~}~ ~<:~ ~ All-Hazard
Mitigation Plan. The planning department coordinated with a encies to include~ the
g ~
Alaska Division of Emergency Services ~~~~~i1 tl~~~~ I~~~~~~,~i ~'~~li~~~~~~:~ ~~:~~~~o~~t~l~. These
agencies provided information from existing plans including; Alaska State All Hazard
Mitigation Plan, ~. ~t~~ c:~a~ ~~.~~~~4~i ~:::~~~~t~c~~~~~~~~~~~ ~1~~~1 t,~~~~~~ :~j~~xl~~~~~i~?~A ~'~~i~~~{ t~~~x (~:~~t1~~~
~~~;~~~~~w~a;~, ~~~~~~t~~~t:;~~ ~~~~~~~:3~~i;t~~~~ d:~~~~1.~~~~~~~ C~'~~~1~~. The Planning Department compiled all
pertinent data and completed a draft plan with subsequent review and input by all listed
parties.
Then the ~.:`il ~- :~~c~~~~il~~w~,~~:riic~a~. I~'~~bli~~ ~~~'c>>•~15 I~~ 7~~~~~~~~~~~~t ~~a~c! ~'~~~~lic~ S~fc~v reviewed the
submission, gathered additional data which included ublic comment ~:~ ~ c~ ~~ ~ ~~ i~~ ~ c1.
P
~c~~~~}~~~~-aii ~-~1~~ ~~ i~l~~ ~1~~° ~:~~rt~~a i'~~~~~~~~~~.~.I.~ ~:~t~~~E:~r.~~-=i~, and an initial dra~ was completed.
B. Who were contributors?
The ~:'i~~ ~:~1~~ 1~~.~tr~~tli ~'~rl:~li~~ ~~~~~~~i~~ <~~~~c_~ planning department,l'~~~z~~~~i~~t.~, ~~~~t41~:~1~i~~~I
~:`ommission, U.S. Mlllt~, Public, private sector, ~:'~t~J ~~~~~ ~~~~F~~~i ~~~~~lic ~~;~~ei~~
~
t:~G`~~1f'~1~1~:'i:li~. ~~.il~.~ i.l~;.'. ~~..t.'f)~:~i i~~~:'1~1~1:~(iii! ~:~,i:1I"t?1I~:r,~:I ~.~~..1~1~~,
C. Public Opportunity for Involvement
E'ublic meetings, ~~~ ~~l~g;i i i~~~.1 newspaper articles, flyers ~~1~~~ ~~~1 ~~~ ~~~ ~~;~;~ ~~ ~~~~ ~~ were used to
~ • ~ ~ ,~
announce t e meetings in this section. :~~~~~ ~~~~~-c~~l~r;1~ c~~~~c~~~~l~;;~~~:~~i~~1~.
------------------------------------------------ ----------------------------------------------------------------
~~ ,~ 10
Local All Hazard Mitigation Plan
Chapter IV- Hazard Identification & Risk Assessment
A. Hazard Identification
~~ Hazard Matrix - ~ ~ ~'~~~ l' ~:) ~~~~ ~~: ~~; :~~ ,~. ~.
Flood Wildland Fire Earth uake
q Volcano Snow
Avalanche Tsunami
& Seiche
~~:~;-~_~ ~~~~_~ ~r~~.~ ~'-1.. ~~ 1~;~1_..
VVeather Landslides Erosion Drought Technological Economic
~ ~ ~~ N~:I.~ ~';~~._~
~. ~,'~I 1_:
~. ~ ;" ~.... ( (
l.) r~ L~
Hazard Identi~cation:
Y: Hazard is present in j urisdiction but probability unknown
N: Hazard is not present
U: Unknown if the hazard occurs in the jurisdiction
Risk:
L: Hazard is present with a low probability of occurrence
M; Hazard is present with a moderate probability of occurrence
H: Hazard is present with a high probability of occurrence
B. Hazard Profile
Flood
Please reference the Plan, pages 19 - 26 for detailed flood events affecting the City of
Kenai.
Kenai is at the mouth of the Kenai River, on the shores of Cook Inlet. The summary of
historical flood events show clearly that the City is adversely affected by nearly all
significant events.
For example, in 1995, as referenced in the Plan, flood events resulted in tremendous
debris flowing downstream into the City limits. City service including police, fire, public
works and the administration were mobilized using City boats, vehicles, and safety
equipment to intercept and extract huge quantities of debris such as docks, sheds, large
LPG tanks, fuels storage tanks and damaged boats from the Kenai River before this
debris caused further property damage and before it could flow into Cook Inlet shipping
lanes.
Collected debris was extracted using City Dock resources and cranes, then stockpiled on
approximately two (2) acres of Dock property for safe keeping, identification, pollution
prevention, retrieval by owners and eventual disposal.
. . 11
Local All Hazard Mitigation Plan
City personnel patrollirrg the Kenai River for debris also assisted many private and
commercial property owners in securing loose docks, boats and other debris before it
could be swept downstream, and before this debris caused additional property and
ecological damage.
This process within City limits was conducted entirely with City incident.management
teams. Coordinated records, reports and financial records were physically delivered to
the Borough offices by a runner on a daily basis.
The City public safety building served as the incident command site for the duration of
this event, coordinating efforts with the Borough's temporary command site in Soldotna
by phone and periodic face-to face meetings.
City staff remained on-duty for several days, incurring t c; ~~~ a 1' ~~~ c~ ~~~~~~~ ~~ ~~3 ~~' dollars in
personnel costs. Resources such as cars, trucks, loaders, fire engines, ambulances,
survival equipment and ropes, buildings and fuel were committed to this event. Dama e
. . . g
to equipment was exper~enced and was later reimbursed through FEMA.
Wildland Fires
~)~~~~~ <<~~c~ i~~-i~~~~; ~~~~~~~~L~ z~~c~~.~~ ~c~~~.~ il~~.~ ~~~~~a~~~~~ x~l~;l, c~~~~~~~lc~ ~ir~~ ~~r~ tC~~~.Y ~:~~~~16~~~ ~~;a~~i
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r~~c~~~ctior~ i~~ ~`~~~I~ ~~~i~;~~i~~ ~~~~ C.'i~~~ 1~~.~~ ~°r~~1~~1~~~~ ~t:a~~ ~~~c~~~~~~tr~r ~~~~t~l~~~~;~~~ 10 li~~~ tl~e~r~~t,~;~~,ti,
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C'it~~ ~~~~ 1~.~:t7~~~~i 4~~ i~~~~:1:~~~ ~t,~..~~~~~°~i~~t E~~~~c:~ `~1.~~~.~t ~~~.}-~~~~~~~~~ ~~~i~~,,,~~..~cl~~~~~~ i,~c~i:~~ ~~~~~~l~il ~Al~~.
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`, ~'~i~ ;,l ~. '' - ~~
Local All Hazard Mitigation Plan
,.''~i~., ~. I# `~' ~,~~~~a7~.~Ei~i~.•; ~L.) ~ ~..~i.~~~i'~i~.~ if~i.~ =.Il~~~~~~, ~~.~~j Li":+~: :~<~~~~~~~,~ "~ t~~i ~~ ~~~t~~y~.~ 1~~ ~.~~~.~ ~.,I~~ F`~ t'~~~~.~
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f.~ ~ ~^ ~ a. ,i ? ~~ , ..~ f• a t'} 4 ) tr ,~ S,. ~ i ~,~~• . •.,• ~ ,_~
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k,,.
Erosion
The Kenai River meanders through the City of Kenai. There is about a mile of 55- to 70-
foot high eroding river bluff in the downtown center of the City. A comparison of aerial
photos over 50 years reveals approximately 150 feet of horizontal distance of erosion.
This equals an average of three feet of erosion per year. There is a similar erosion
problem along the Cook Inlet where the bluff even gets higher.
Major erosion occurs when there is a high tide and large storm waves that carry away the
base material of the bluff making the slopes steeper. These steeper slopes are more
susceptible to erosion by wind and surface or ground water.
The City of Kenai has lost land and structures due to the erosion. Roads have been
abandoned and sewer mains relocated. The recent sewer line relocation and roadwork
due to the erosion on Mission Street was in excess of $300,000.
After years of studies, the City of Kenai is planning a Kenai Coastal Trail and Erosion
Protection project that will stop the erosion process along the Kenai River in the
downtown area. The US army Corps of Engineers is completing a$500,000 study of this
project. The next step is to find the Engineering and Construction Funds to complete this
very badly needed project.
Coastal Storms
From the fall through the spring, low pressure cyclones either develop in the Bering Sea
or Gulf of Alaska or are brought to the region by wind systems in the upper atmosphere
that tend to steer storms in the north Pacific ~cean toward Alaska. When these storms
impact the shoreline, they o~en bring wide swathes of high winds and occasionally cause
coastal flooding and erosion.
The intensity, location and the land's
topography influence the storm's impact.
Another factor that influences the damage
done to the shoreline by coastal storms is
whether or not the shore ice is solid
enough to protect against erosion and
physical damage to community
.
infrastructure.
Fierce storm conditions do not have to be
.
present to cause damage. ~_~ ~~ ~; ~.:' i~~~r c71 ~
~~. ~: «~t i communit~ suffer~ from "Silent
Storms" where high-water storm surges
erode and undercut the banks melting the
permafrost.
-------------------------..------------------------------------- •---------------------------------------------------------------
13
Local All Hazard Mitigation Plan
Erosion is a process that involves the wearing away, transportation, and movement of
land. Erosion rates can vary significantly as erosion can occur quite quickly as the result
of a flash flood, coastal storm or other event. It can also occur slowly as the result of
long-term environmental changes. Erosion is a natural process but its effects can be
exacerbated by human activity.
Erosion rarely causes death or injury, However, erosion causes the destruction of
property, development and infrastructure. In Alaska, coastal erosion is the most
destructive, riverine erosion a close second, and wind erosion a distant third.
Coastal Erosion
Coastal erosion is the wearing away of land resulting in loss of beach, shoreline, or dune
material from natural activity or human influences. Coastal erosion occurs over the area
roughly from the top of the bluff out into the near-shore region to about the 30 foot water
depth, It is measured as the rate of change in the position or horizontal displacement of a
shoreline over a period of time. Bluff recession is the most visible aspect of coastal
erosion because of the dramatic change it causes in the landscape. As a result, this aspect
of coastal erosion usually receives the most attention,
INSERT ER4SION PH4TOS
HERE
On the coast, the forces of erosion are embodied in
waves, currents, and wind. Surface and ground
water flow, and freeze-thaw cycles may also play a
role. Not all of these forces may be present at any
particular location.
Coastal erosion can occur from rapid, short-term
daily, seasonal, or annual natural events such as
.
waves, storm surge, wind, coastal storms, and
flooding or from human activities including boat
wakes and dredging. The most dramatic erosion
often occurs during storms, particularly because
the highest energy waves are generated under storm conditions,
- ---------------------------- ----------------------------------------------------------------
~: ~ , ~~ ~~ ,.. 14
Local All Hazard Mitigation Plan
Coastal erosion also may be from multi-year impacts and long-term climatic change such
as sea-level rise, lack of sediment supply, subsidence or long-term human factors such as
the construction of shore protection structures and dams or aquifer depletion. Studies are
underway to determine the effects generated from global warming,
Ironically, attempts to control erosion through shoreline protective measures such as
groins, jetties, seawalls, or revetments, can actually lead to increased erosion activity.
This is because shoreline structures eliminate the natural wave run-up and sand
deposition processes and can increase reflected wave action and currents at the waterline.
The increased wave action can cause localized scour both in front of and behind
structures and prevent the settlement of suspended sediment.
Fortunately in Alaska, erosion is hindered by bottomfast ice, which is present on much of
the Arctic coastline during the winter. These areas
are fairly vulnerable while the ice is forming. The
winds from a fall storm can push sea ice into the
shorefast ice, driving it onto the beach. The ice
will then gouge the beach and cause other damage.
Factors Influencing the Erosion Process
There are a vaxiety of natural arid human-induced factors that influence the erosion
process. For example, shoreline orientation and exposure to prevailing winds, open
' ' T 9 • , ~ • /~1
ocean swells, and waves all influence erosion rates.
erosion rates as well. For example, a beach
composed of sand and silt, such as those near
Shishmaref, are easily eroded whereas beaches
primarily consisting of boulders or large rocks
are more res~stant to erosion. Other factors may
include:
. Shoreline type
. Geomorphology of the coast
. Structure types along the shoreline
. Density of development
. Amount of encroachment into the high
hazard zone
. Proximity to erosion inducing coastal
structures
. Nature of the coastal topography
. Elevation of coastal dunes and bluffs
. Shoreline exposure to wind and waves
Coastal Erosion in Alaska
Coastal erosion is a problem in all 30 coastal
states, including Alaska. A 1971 USACE study
showed that just less than 11 % of Alaska's
~eacn composition inrluences
(fill in community name) 15
Local All Hazard Mitigation Plan
coastline was undergoing "significant" erosion. This may not sound like much but it
means that approximately 5,100 miles of Alaska's coast is experiencing "significant"
erosion. That's more than most states have coastline.
Riverine Erosion
Rivers constantly alter their course, changing
shape and depth, trying to find a balance
between the sediment transport capacity of the
water and the sediment supply. This process,
called riverine erosion, is usually seen as the
wearing away of riverbanks and riverbeds
over a long period of time.
Riverine erosion is often initiated by failure of
a r~verbank causing high sediment loads or
heavy rainfall. This generates high volume
and velocity run-off which will concentrate in
the lower drainages within the river's
catchment area. When the stress applied by
these river flows exceeds the resistance of the
riverbank material, erosion will occur. As the
sediment load increases, fast-flowing rivers
will erode their banks downstream.
Eventually, the river becomes overloaded or
velocity is reduced, leading to the deposition
of sediment further downstream or in dams
and reservoirs. The deposition may
eventually lead to the river developing a new
channel.
'~hile all rivers change in the long-term, short-term rates of change vary significantlV. In
~ ° ~ e ~ d
less stable braided channel reaches, erosion and deposition of mater~al are a constant
issue. In more stable meandering channels, episodes of erosion may only occur
occasionally. The erosion rate depends on the sediment supply and amount of run-off
reaching the river. These variables are affected by many things including earthquakes,
floods, climatic changes, loss of bank vegetation, urbanization, and the construction of
civil works in the waterway.
---------------------------------------- ----------------------------------------------------------------
~~~~, ,, ~~~ ~, ,. .,a~~~r~~ 16
L 'Al
ocal 1 Haz
ard Mitigation Plan
Riverine erosion has many consequences including the loss of land and any development
on that land, It can cause increased sedimentation of harbors and river deltas. It can
hinder channel navigation - affect marine transportation source.
Other problems include reduction in water quality due to high sediment loads, loss of
native aquatic habitats, damage to public utilities (roads, bridges, and dams) and
maintenance costs associated with trying to prevent or control erosion sites.
Riverine Erosion in Alaska
Examples of riverine erosion are found throughout Alaska that threatens both public and
private property. Riverine erosion on the meandering Matanuska River, near Palmer, has
already destroyed several homes and is threatening more. Attempts to control erosion
have met with very limited success. For example, armored dikes helped control erosion
for a while but eventually failed.
Riverine erosion problems also exist on other rivers including the Kuskokwim, Yukon
and Kenai Rivers. Erosion on the Kenai is of great concern to resource-management
agencies because the increased sedimentation and loss of streamside cover associated
with accelerated erosion rates may threaten salmon returns to the river. Salmon fishing
on the Kenai can generate as much as $78 million annually in direct benefits.
Wind Erosion
~Vind erosion is when wind is responsible for the removal, movement and redeposition of
land. It occurs when soils are exposed to high-velocity wind. The wind will pick up the
soil and carry it away. The wind moves soil particles 0.1-0.5 mm in size in a hopping or
bouncing fashion (known as saltation} and those greater than 0.5 mm by rolling (known
as soil creep}, The finest particles ~less than 0.1 mm) are carried in suspension. Wind
erosion can increase during periods of drought.
Wind erosion can cause a loss of topsoil, which can hinder agricultural production. The
dust can reduce visibility causing automobile accidents, hinder machinery, and have a
negative effect on air and water quality creating animal and human health concerns.
Wind erosion also causes damage to public utilities and infrastructure.
The lar est volcanic eru tion of the 20th centu
g p ~Y
occurred at Novarupta Volcano in June 1912. It
started by generating an ash cloud that grew to
thousands of miles wide during the three-day
event. Within four hours of the eruption, ash
started falling on Kodiak, darkening the city, It
became hard to breathe because of the ash and
sulfur dioxide gas. The water became undrinkable
and unable to support aquatic life. Roofs collapsed
~fill in community name)
Loca( All Hazard Mitigation Plan
~~.
~
_.; M
~~:~s~ n~~EU,r o ~oo M~s
r--~-~,
I o ~n ~c~.a~r~A~ n~~ ~ >
~ ~ ; :::-, ....
Novarupta ash fail compared to that from
recent Alaskan eruntions. imaoe
under the weight of the ash. Some buildings wer~ destroyed by ash avalanches while
others burned after being struck by lightning from the ash cloud. Similar conditions
could be found all over the area. Some villages ended up being abandoned, includin
g
Katmai and Savonoski villages. The ash and acid rain also negatively affected animal
and plant life. Large animals were blinded and many starved because their food was
eliminated.
The ash fall from this eruption ~was significantly greater than the recent eru tions of
. p
Redoubt, Spurr and Augustine Volcanoes. Fourteen earthquakes of magnitude 6 to 7
were associated with this event. At least 10 Alaskan volcanoes are capable of this t e of
Yp
event,
A more recent eruption occurred on Augustine Volcano in 1986. An ash plume disru ted
p
a~r traffic and deposited ash in Anchorage. A dome formed in the crater, and caused
some to fear it would subsequently collapse and trigger a tsunami along the east shore of
Cook Inlet, as happened in 1883.
Redoubt Volcano erupted in 1989-1990 and debris flows caused temporary closing of the
Drift River Oil Terminal. KLM's 747 jet aircra~, flight 867, temporarily lost ower in all
. , p
four engines when it entered the volcan~c ash plume. It would have crashed into the
mountains had they not be able to restart their engines about 4,000 feet (1,219 meters
)
above ground.
Technolo~ical (Future Addition)
Hazard Analvsis/Characterization
Economic
Hazard Analysis/Characterization
Economic disasters can result from uncontrollable natural events that have large ne ative
. , , . , ~
effects on a region s economic base. Unfortunately, economic disasters also result from
poor business practices and public policies that inhibit competition. An economic
disaster declaration does not trigger the availability of disaster assistance in the manner of
a natural or technological disaster, but it can provide the basis for seeking and receivin
finan ' ' g
cial assistance. For example, the declaration of an economic disaster for fisher~es
led to the availability of assistance through provisions of the Magnusen-Stevens Fisheries
Conservation and Management Act and the Interjurisdictional Fisheries Act in 1998,
1999 and 2000. In other instances, a disaster declaration has been unnecessary to secure
assistance. For example, when Southeast pulp mills closed, extensive worker assistance
was provided through the Job Training Partnership Act and the Trade Adj ustment Act;
funds were made available for projects through the Economic Development
Administration, the US Forest Service and USDA-Rural Development.
Economic disaster mitigation is not usually done by emergency management agencies, as
these agencies are oriented to natural and technological disasters. Instead, it is essentiall
. , , Y
performed by economlc development agencles. These agencies, or any segment of
government, cannot create private economies even though they have an historic and
- ----------------------------- ---------------------------------------------------•------------
~;
r;~;~;t~ ;,; ,,;: ;,;~,;; 18
Local All Hazard Mitigation Plan
legitimate role in fostering opportunities for economic development. Government's role
cannot be to create or replace the marketplace, but to recognize and understand it, and
help its citizens capitalize on the opportunities. Economic development agencies have
programs designed to build, broaden and diversify the economic base by fostering
economic development, and/or creating an environment in v~hich economic development
can flourisho
Public infrastructure, sensible regulations, public-private partnerships, efficient and
coordinated service delivery, industry advocacy, marketing, economic analysis, and the
dissemination of timely information all represent legitimate venues for government to
promote economic development.
Approaches to Economic Deveiopment
Economic development can be promoted in a variety of ways, using a variety of
approaches. These approaches can overlap with one another and are not meant to
represent distinctly separate strategies, but to be illustrative. These approaches are also
dynamic, state strategies evolve accordingl}~. Economic development approaches
.
include:
• Industrial recruitment - competing for the siting of large industrial or
manufacturing companies by promoting advantages such as tax abatement,
transportation access or developed industrial locations.
~ Targeted incentives - using regional economic and workforce analysis to match
the most suitable type of industry for particular areas.
• Quality of life - promoting recreation and leisure opportunities, quality schools,
cultural amenities, low crime rates, a skilled workforce and clean air and water, to
attract new business.
• Tax abatement - offering property tax abatement and other forms of tax relief as a
development incentive.
• VVorkforce development - training the resident workforce for existing and
anticipated jobs created through policy-based development initiatives, evolving
technology, etc. For example, showcasing well-educated workforces, where
higher than average percentages of workers have high school degrees or college
diplomas.
• Resource endowments - promoting the existence of natural resource endowments
to attract extractive industries. Alaska, particularly, is known as the nation's
resource treasure chest with its huge oil and mineral reserves
• The new economy - promoting an adaptable, consumer-friendly, technology-
sawy, innovative, performance-driven and accountable environment to attract
technology-based and knowledge-based industries.
~ Web-based economic information systems - developing web sites, often using
boroughs or sub-state regions as portals, to display and link to comprehensive
economic information providing users with easy access.
--------------------------------------------------------------- ----------------------------------------------------------------
,
, ~„ ,,,~,~,,;~, ~, .,,,,t, 19
( ~~. ~ ,,, s_~:f-~c ,, ~; ,~ ~. ~,,~ .;,
Local All Hazard Mitigation Plan
• Regional partnerships - promoting regional organizations to implement
community and regional economic development priorities. These organizations
are like a`two-way door', with local and regional issues, problems and prior~ties
passing upward to the agencies, and agency programs, funding and technical
assistance passing downward to the benefiting populations.
Assessing Risk
The first step to long-term mitigation is understanding which econamies are at risk and
which economies have the best chance to reduce risks through public and private
investments. Ways to quantify economic risks include:
• Identifying comparative advantages in order to produce goods or services better
than a competitor,
• Monitoring long-term supply and demand trends,
• Measuring the diversity of end-product markets,
• Measuring the size and diversity of base industries,
• Measuring the growth rates in employment, income and gross sales,
• Monitoring the relative dependence on imports,
• Assessing the skill levels in the workforce,
• Assessing the infrastructure needs to reduce transportation and energy costs
Risk can then be used to evaluate and rank economies on their potential resilience durin
g
an economic downturn. Perhaps more importantly, when risks are regularly monitored,
economic information is more freely shared, creating fewer uncertainties.
C. Vulnerability Assessments
The table describes the critical facilities -~=~4 >~~ ~~~~ ~~ t~ i~~l c~ f~~ ~~ ~~,~ i. Without these facilities
loss of life and human suffering is certain.
------------------------- ----------------------------------------------------------------
~ ~ ~ ~ I 1 . i I j . , { ~ " , 1 ., I ~1 ~ O
Local All Hazard Mitigation Plan
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Chapter V- Mitigation Goals, Objectives, ~ Strate ies
g
Goal: f~ educe or eliminate l~~ ~~~~ i~ ~~ ~ ~~ f~f' t_~~~ ~~ potential damages c~ ~~ ~l to s c~cl~.
t'1'(~~1~)l~ ~~~' S~~(.'1~'I11~~': ~.~~1~' ~~~ll~~~' ~:1.1~~~ It~t~11~~' t°~'lci:ilt?~~.`S.
, . ~ ~~ ,
b~ective: ~.~~~I1~1}.~.lC'~ ~:'i}~1;~1:~1~ ll~i~~~~ ~~4~~i1~~ ~~`1~JI ~~~ll~t~~~)~`()~~'~'~~(~31"l ~;nsure %(1llfll'.~
. :,
,
:z~~c~~~}~~i~~ c~~:~a~~~j~t.3~~~.ii~~~ r~~~t~~i~~ r~:~~~;~c.~c~~~~(~(~~ c~~~t~~~-~~~ f~rc~~~~l (~l~.Fl~i; ~~~~cf ~z~ot~~~t c~tv
i~~~('~°4~~l~~~E~'1t~-'i` i~~ <~~'~'~:r.
Action Item: (.C'~7r~ii~~c.-~~ c,~.~~:~1~irj~~7,1~i,a~~c:~i~~~~ 1~i~~~ c~c~~7~~~1~,~1ioa~i o~r~~:~~~~:~~i~~I (~~~~il kt~~~ hifa~~~'
~~-~~t~~~~~ic~~~~~, ~,~;~:~~1~1~~1~~ r~~«i~~~~ ~~~~~t~ i~~~:ic~~~~~ 1t~~~ l:l~~~~t ~:~~~c~~~, ~~~~c1 ~lc~:~~~~AJ~~ ~ ~;- ~la~~ to ~«~c~~~~:A
il~~~i~~~~~~~t~~~.it~~~~~ 1~~~~~~: l~r~~~~~ [~1~.~11~~c~~>~G~~i f~~::~~~7 ~~~~t~.~.stc~t}t~l~i~' I~:1II111•~~ ~~~ic~ ~c~~~rali~~l
~,~~~1~1~~~~i~~~~~~I~ir~~~t.
----------------------------------------------•---------------- ----------------------------------------------------•-------•---
(f`ill ir7 ~~~~~-i~~~~~~~,~ ,;, 22
i~;;i.1i. ;?~,~;~i~i'
Local All Hazard Mitigation Plan
Chapter VI - Implementation & Maintenance Procedures
A. Implementation
~~~~1 j 4~1 ~:~' ~~ ~- ~:~~ i~ !~.~~~-~ ~~ i~~~~~ implement this plan by using mitigation actions within our
~
Community Comprehensive Plan, the Capital Improvement Plan, and other plans to
pursue our mitigation goals. Our various community plans will consider best mitigation
practices to maximize the benefit to the community. We will consider proj ects that show
they are cost effective by ensuring that for every dollar spent we will get a minimum of
one dollar savings from eliminating or reducing future disaster losses.
We will use the following criteria to prioritize all community projects:
The Planning Commission will analyze and prioritize projects based on:
1. Life saving or personal safety issues
2. Proj ects will be coordinated with all community plans. For example. the
Community Comprehensive Plan, the Community Capital Improvement Plan, ~=
:~tl~ ~ : ~ l ~l-Hazard Mitigation Plan, etc. ~
3. I'~A~it~~tic:~~~ c.~1' ~~~t1i-<~si~~a~~t.~-~~.1(~~~~~~~,~~-~ ,~~.~~.~.~~~. ~ciilil~~ 4r~~~~~::~~~~~;~
~. ~'i`t~C~:.~~'~lt:~l~ i.~~' ~~t"~~~~i~~.~ ~~l`;'~~~~:'~°r~Y.
~, ~~~°~~~t~:~~~io~~ ~~~~~~:i :~~~~~5~~-`~~:~~4c~~~ ~~~f' ~~~~~i~.~}ri~~~l ;~~~~:~E~~~
~~. 'l~~l~t~}l~'~:~,1t:~1~i ;;~i~li.~ ~."~1~,.~~!t~ll;it~~~ t~~~ 1i'~~' ~",l~la~l ~~l.i~?(.~ 1'1~'~l•
B. Maintenance
The All-Hazard Mitigation Plan will be reviewed annually and will be updated at a
minimum of every five years or 90 days after a Presidentially declared disaster. The
Director of Planning will be responsible for ensuring that reviews are completed, the
planning commission and the general public will be notified of opportunities to review
the plan by written invitation, use of newspaper, radio, television, brochures or flyers to
advertise this opportunity and solicit involvement. Public involvement is essential to
ensure that the mitigation goals, objectives and action items are addressing the
.
community's needs.
( i~~! ~ i;~ ~°,'+~~l~li~llti.!r~~i[1~ l~l;;~irl~~~:..~~~1
' . 23
Local All Hazard Mitigation Plan
Appendix ~
Glossary of Terms
A-Zones A-Zones are found on all Flood Hazard Bounda
~
Maps (FHBMs), Flood Insurance Rate Maps (FIRMs),
and Flood Boundary and Floodway Maps (FBFMs).
An A-Zone is an area that would be flooded by the
Base Flood, and is the same as a Special Flood Hazard
Area (SFHA) or a 100-year floodplain. These areas
may be unnumbered as AE, ~H, or A~ Zones,
Numbered A-Zones indicates an area's risk to
flooding.
A~quisition Local governments can acquire lands in high hazard
areas through conservation easements, purchase of
development r~ghts, or outright purchase of property.
Alluvial Fan Area of deposition where steep mountain draina es
g
empty into valley floors. Flooding in these areas often
have characteristics that differ from those in r~verine
or coastal areas. (See Alluvial Fan Flooding)
Alluvial Fan Flooding Flooding that accurs on the surface of an alluvial fan
(or similar landform) that originates at the apex of the
fan and is characterized by high-velocity flows; active
processes of erosion, sediment transport, and
deposition; and unpredictable flow paths.
Anabatic Wind Any wind blowing up an incline; the opposite to
katabatic wind.
Asset A,ny manmade or natural feature that has value,
including, but not limited to people; buildings;
infrastructure like bridges, roads, and sewer and water
systems; lifelines like electricity and communication
resources; or environmental, cultural, or recreational
features like parks, dunes, wetlands, or landmarks.
Aufeis When new ice continues to form on top of older ice.
Ice-forming situations occur wherever there are
---------------------------- ----------------------------------------------------------------
, ., ~~~ a ;;,,~,., ,,;t., 24
~ ~~~ ~ ~ ~ ~ , . ~~~
Local All Hazard Mitigation Plan
continuous sources of water and freezing
temperatures.
Avalanche Mass of snow and ice falling suddenly down a mountain
slope and often taking with it earth, rocks, trees, and
rubble of every description.
Base Flood A term used in the National Flood Insurance Program
to indicate the minimum size of a flood. This
information is used by a community as a basis for its
floodplain management regulations, It is the level of a
flood which has a one-percent chance of
~~~~~~ ~ ~,~ ~ ~ ~-~~i ~ ~ ~ in any given year. Also known ~s a
100-year flood elevation or one-percent chance floode
Base Flood Elevation (BFE) The elevation for which there is a one-percent chance
in any given year that flood water levels will equal or
exceed it. The BFE is determined by statistical
analysis for each local area and designated on the
Flood Insurance Rate Maps. It is also known as 100-
year flood elevation.
Base Floodplain The area that has a one percent chance of flooding
(being inundated by flood waters) in any given year..
Borough The basic unit of local government in Alaska.
Building A structure that is walled and roofed, principally
above ground and permanently affxed to a site. The
term includes a manufactured home on a permanent
foundation on which the wheels and axles carry no
weight
Building Code The regulations adopted by a local governing body
setting forth standards for the construction, addition,
modification, and repair of buildings and other
structures for the purpose of protecting the health,
safety, and general welfare of the public
Caldera A caldera is a large, usually circular depression at the
summit of a volcano formed when magma is
,,, .
~ ;,, ,,, .~,;,,,:-E..~~~~~ ~.~~~~,~~;, 25
Local All Hazard Mitigation Plan
withdrawn or ~;rupted from a shallow underground
~
magma reservoir.
Chinook A warm down-slope wind.
Cornmunity Any state, area or political subdivision thereof or an
. , . . ~ Y
Indlan tr~be or tr~bal entity that has the authority to
adopt and enforce statutes for areas within its
j urisdiction.
Cornmunity Rating System (CRS) The Community Rating System is a volunta
~
program that each municipality or county government
can choose to participate in. The activities that are
undertaken through CRS are awarded points. A
community's points can earn people in their
community a discount on their flood insurance
.
premiums.
Critical Facility Facilities that are critical to the health and welfare of
the population and that are especially important during
and after a hazard event. Critical facilities include, but
are not limited to, shelters, hospitals, and fire stations.
Dam A structure built across a waterway to im ound water.
p
Designated Floodway The channel of a stream and that ortion of the
p
adjoining floodplain designated by a regulatory
agency to be kept free of further development to
provide for unobstructed passage of flood flows.
Development Any man-made change to improved or unim roved
p
real estate, including but not limited to buildings or
other structures, mining, dredging, filling, grading,
paving, excavation or drilling operations or of
equipment or materials.
Digitize To convert electronically points, lines, and area
boundaries shown on maps into x, y coordinates (e.g.,
latitude and longitude, universal transverse mercator
(UTM), or table coordinates) for use in computer
----------------•--- -----------.-------------------------------_--------------------
~~~~ i i l~l ' ~.;`:.,,, „~.. ~ ~~
f ° . .
26
Local All Hazard Mitigation Plan
applications.
Disaster Mitigation Act DMA 2000 (public Law 106-390) is the latest
legislation of 2000 (DMA 2000) to improve the
planning process. It was signed into law on October
10, 2000, This new legislation reinforces the
importance of mitigation planning and emphasizes
planning for disasters before they occur.
Earthquake A sudden motion or trembling that is caused by a
release of strain accumulated within or along the edge
of the earth's tectonic plates.
Earthquake Swarm A collection of earthquakes that is frequent in time.
There is no identifiable main shock.
Elevation The raising of a structure to place it above flood
waters on an extended support structure.
Emergency Uperations Plan A document that: describes how people and property
will be protected in disaster and disaster threat
situations; details who is responsibie for carrying out
specific actions; identifies the personnel, equipment,
facilities, supplies, and other resources available for
use in the disaster; and outlines how all actions will be
coordinated.
Erosion The wearing away of the land surface by running
water, wind, ice, or other geological agents.
Federal Disaster Declaration The formal action by the President to make a State
eligible for major disaster or emergency assistance
under the Robert T. Stafford Relief and Emergency
Assistance Act, Public Law 93-288, as amended.
Same meaning as a Presidential Disaster Declaration
Federal Emergency Management A federal agency created in 1979 to provide a single
Agency (FEMA) point of accountability for all federal activities related
to hazard mitigation, preparedness, response, and
I'~:~ ~~~: s~;,~; ;~-~ . ~ 27
Local All Hazard Mitigation Plan
recovery.
Flash Flood A flood event occurring with little or no warnin
g
where water levels rise at an extremely fast rate. It is
often the result of heavy rainfall in a localized area.
Flood A general and temporary condition of partial or
complete inundation of water over normally dry land
areas from (1) the overflow of inland or tidal waters,
(2) the unusual and rapid accumulation or runoff of
surface waters from any source, or (3) mudflows or
the sudden collapse of shoreline land,
Flood Control Keeping flood waters away from specific develo ed or
p
populated areas by the construction of flood storage
reservoirs, channel alterations, dikes and levees,
bypass channels, or other engineered structures.
Flood Disaster Assistance Flood disaster assistance includes development of
comprehensive preparedness and recovery plans,
program capabilities, and organization of Federal
agencies and of State and local governments to
mitigate the adverse effects of disastrous floods. It
may include maximum hazard reduction, avoidance
~
and mitigatron measures, as well policies, procedures,
and eligibility criteria for Federal grant or loan
assistance to State and local governments, private
organizations, or individuals as the result of the major
.
disaster.
Flood Elevation Elevation of the water surface above an establish
datum (reference mark), e.g. National Geodetic
Vertical Datum of 1929, North American Datum of
1988, or Mean Sea Level
Flood Frequencies Frequencies are determined by plotting a gra h of the
p
size of all known floods for an area and determining
how often floods of a particular size occur. The
frequency is the chance of a flood occurring during a
given timeframe. It is the percentage of the
probability of flooding each year. For example, the
100-year flood has a 1% chance and the 10-year flood
--------------------------------------------------------------- ----------------------------------•----.-------------.----------
(~~ii ~s, _~~~~,_~~~,~.~t,~i} ~..~;i,-~~,.. ~ 28
Local All Hazard Mitigation Plan
has a 10% chance of occurring in any given year.
Flood Fringe That portion of the floodplain that lies beyond the
floodway and serves as a temporary storage area for
floodwaters dur~ng a flood. This section receives
waters that are shallower and of lower velocities than
those of the floodway.
Flood Hazard Flood Hazard is the potential for inundation and
involves the risk of life, health, property, and natural
value. Two reference base are commonly used: (1)
For most situations, the Base Flood is that flood which
has a one-percent chance of being exceeded in any
given year (also known as the 100-year flood); (2) for
critical actions, an act~vity for which a one-percent
chance of flooding would be too great, at a minimum
the base flood is that flood which has a 0.2 percent
chance of being exceeded in any given year (also
known as the 500-year flood},
Flood Hazard Boundary Map Flood Hazard Boundary Map (FHBM) means an
Official (FHBM) map of a community, issued by the
Administrator, where the boundaries of the flood,
mudslides (i.e,, mudflow) related erosion areas having
special hazards have been designated as Zones A, M,
and/or E.
Flood Insurance Rate Map Flood Insurance Rate Map (FIRM) means an official
map of a community, on which the Administrator has
delineated both the special hazard areas and the risk
premium zones applicable to the community.
Flood Insurance Study Flood Insurance Study or Flood Elevation Study
means an examination, evaluation and determination
of flood hazards and, if appropriate, corresponding
water surface elevations, or an examination,
evaluations and determination of mudslide (i.e.,
mudflow} andlor flood-related' erosion hazards.
Floodplain A"floodplain" is the lowland adjacent to a river, lake
or ocean. Floodplains are designated by the frequency
of the flood that is large enough to cover them. For
--------------------------------------------------------------- ----------------------------------------------------------------
~~~!1 i~~ ~~~~. ~~~~~~~~~ ~~ _ 29
Local All Hazard Mitigation Plan
example, the 10-year floodplain will b~ covered by the
10-year flood. The 100-year floodplain by the 100-
year flood
Floodplain Management The operation of an overall program of corrective and
preventive measures for reducing flood damage,
including but not limited to emergency preparedness
plans, flood control works and floodplain management
regulations.
Floodplain Management Floodplain Management Regulations means zonin
g
Regulations ordinances, subdivision regulations, buildin codes,
g
health regulations, special purpose ordinances (such as
floodplain ordinance, grading ordinance and erosion
control ordinance) and other applications of police
power. The term describes such state or local
regulations, in any combination thereof, which
provide standards for the purpose of flood damage
prevention and reduction.
Flood Proofing Any combination of structural and nonstructural
additions, changes, or adj ustments to structures which
reduce or eliminate flood damage to real estate or
improved property, water and sanitary facilities,
structures and their contents
Floodway Floodway rneans the channel of a river or other
watercourse and the adj acent land areas that must be
reserved in order to discharge the base flood without
cumulatively increasing the water surface elevation
more than a designated height.
Flood Zones Zones on the Flood Insurance Rate Map (FIRM in
}
which a Flood Insurance Study has established the risk
. ,
premium insurance rates.
Flood Zone Symbol A Area of special flood hazard without
water surface elevations determined.
A1-30, AE Area of special flood hazard with water
surface elevations determined.
-------------------------- ----------------------------------------------------------------
t~~~i~ ~ ;~~f~ .~~ 30
Local All Hazard Mitigation Plan
AO Area of special flood hazard having
shallow water depths and/or unpredictable flow paths
between one and three feet.
A-99 Area of special flood hazard where
enough progress has been made on a protective
system, such as dikes, dams, and levees, to consider it
complete for insurance rating purposes.
AH Area of special flood hazard having
shallow water depths and/or unpredictable flow paths
between one and three feet and with water surface
elevations determined.
B, X Area of moderate flood hazard.
C, X Area of minimal hazard.
D Area of undetermined but possible flood
hazard.
Freeboard Freeboard means a factor of safety usually expressed
in feet above a flood level for purposes of floodplain
management. Freeboard tends to compensate for
many unknown factors that could contribute to flood
heights greater than the height calculated for a
selected size flood and floodway conditions, such as
wave action, bridge openings, and the hydrological
effect of urbanization of the watershed.
Fumarole Fumaroles are vents from which volcanic gas escapes
into the atmosphere. Fumaroles may occur along tiny
cracks or long f ssures, in chaotic clusters or fields,
and on the surfaces of lava flows and thick deposits of
pyroclastic flows. They may persist for decades or
centuries if they are above a persistent heat source or
disappear within weeks to months if they occur atop a
fresh volcanic deposit that quickly cools.
Geographic Information System A computer software application that relates physical
features of the earth to a database that can be used for
mapping and analysis.
Governing Body The legislative body of a municipality that is the
assembly of a borough or the council of a city.
--------------------------------------------------------------- ----------------------------------------------------------------
~ ~.. ,.
t ~~~~ ~<< ~ ~~. ~~ 31
Local All Hazard Mitigation Plan
assembly of a borough or the council of a city.
Hazard A source of potential danger or adverse condition.
Hazards in the context of this plan will include
naturally occurring events such as floods, earthquakes,
tsunami, coastal storms, landslides, and wildfires that
strike populated areas. A natural event is a hazard
when it has the potential to harm people or property,
Hazard Event A specific occurrence of a particular type of hazard.
Hazard Identification The process of identifying hazards that threaten an
area.
Hazard Mitigation Any action taken to reduce or eliminate the lon -term
, , g
nsk to human life and property from natural hazards.
(44 CFR Subpart M 206.401)
Hazard Mitigation Grant Program The program authorized under section 404 of the
Stafford Act, which may provide funding for
mitigation measures identified through the evaluation
of natural hazards conducted under §322 of the
Disaster Mitigation Act 2000.
Hazard Profile A description of the physical characteristics of hazards
and a determination of various descriptors including
magnitude, duration, frequency, probability, and
extent, In most cases, a community can most easily
use these descriptors when they are recorded and
displayed as maps.
Hazard and Vulnerability Analysis The identification and evaluation of all the hazards that
potentially threaten a jurisdiction and analyzing them in
the context of the jurisdiction to determine the degree of
threat that is posed by each,
Hydrology The science of the behavior of water in the
atmosphere, on the earth's surface, and underground.
----------------------- ----------------------------------------------------------------
('~~~~;~~~~~ ~~.~~;~~,r~ ,:-,,,, 32
Local All Hazard Mitigation Plan
Infrastructure The public services of a community that have a direct
impact to the quality of life. Infrastructure refers to
communication technology such as phone lines or
Internet access, vital services such as public water
supply and sewer treatment facilities, and includes an
area's transportation system, regional dams or bridges,
etc.
Intensity
A measure of the effects of a hazard event at a
particular place.
Interferometer A method employing the interference of
electromagnetic radiation to make highly precise
measurements of the angle between the two rays of
light.
Inundatio~ The maximum horizontal distance covered by flood
water, a seich~~ or a tsunami.
Jokulhlaup A sudden flood-like release of water from a glacier.
(Glacier outburst flooding)
Katabatic wind Any wind blowing down an incline; the opposite to
anabatic wind.
Knot A unit of ineasurement equaling 1 nautical mile per
hour. This is roughly 1.15 statute miles per hour or
1.852 kilometers per hour.
Lahar Lahar is ar~ Indonesian word for a rapidly flowing
mixture of rock debris and water that originates on the
slopes of a volcano. Lahars are also referred to as
volcanic mudflows or debris flows. They form in a
variety of ways, chiefly by the rapid melting of snow
and ice by pyroclastic flows, intense rainfall on loose
volcanic rock deposits, breakout of a lake dammed by
volcanic deposits, and as a consequence of debris
avalanches.
; .a ! 33
(~~i! ~'•~1 :)i(li~}~. ;i' "', ,.
Local All Hazard Mitigation Plan
Landslide Downward movement of a slope, soil, and other
materials or debris under the force of gravity,
Lava dome Lava domes are rounded, steep-sided mounds built b
. y
very viscous magma. Such magmas are typically too
viscous (resistant to flow) to move far from the vent
before cooling and crystallizing. Domes may consist
of one or more individual lava flows.
Liquefaction The phenomenon that occurs when ground shakin
g
causes loose soils to lose strength and act like a thick
or viscous fluid. Liquefaction causes two types of
ground failure: lateral spread and loss of bearing
strength.
Littoral Of or pertaining to the shore, especially of the sea.
Local Emergency Planning LEPCs consist of community representatives and are
Committee {LEPC) appointed by the State Emergency Response
Commissions (SERCs), as required by Superfund
Amendments and Reauthorization Act (SARA), Title
III. They develop an emergency plan to prepare for
and respond to a chemical emergency. They are also
responsible for coordinating with local facilities to
find out what they are doing to reduce hazards,
prepare for accidents, and reduce hazardous
inventories and releases. The LEPC serves as a focal
point in the community for information and discussion
about hazardous substances, emergency planning, and
health and environmental risks.
Local Government Any county, borough, municipality, city, townshi ,
. . . , . . , p
public author~ty, school distr~ct, intrastate distr~ct,
council of governments (regardless of whether the
council of governments is incorporated as a nonprofit
corporation under State law}, regional or interstate
government entity, or agency, or instrumentality of a
local government; any Indian tribe or authorized xribal
organization, or Alaska Native village or organization;
and any rural community, unincorporated town or
village, or other public entity, for which an application
for assistance is made by a State or political
-------------------•-- --.--------------------------.------------.-.-------------------
(;t;ii i,~ ~~';,;',;~~.~':r,. ,,;,,,,' 34
Local All Hazard Mitigation Plan
subdivision of a State.
Magma Molten rock originating from the Earth's interior.
Magnitude A measure of the strength of a hazard event. The
magnitude (also referred to as severity) of a given
hazard event is usually determined using technical
measures specific to the hazard.
Mitigate To cause something to became less harsh or hostile, to
make less severe or painful
Mitigation Plan A systematic evaluation of the nature and extent of
vulnerability to the effects of natural hazards typically
present in the State and includes a description of
actions to minimize future vulnerability to hazards.
Municipality A political subdivision incorporated under the laws of
the State that is a home rule or general law city, a
home rule or general law borough, or a unified
municipallty.
National Flood Insurance The Federal program, created by an act of Congress in
Program (NFIP)1968 that makes flood insurance
available in communities that enact satisfactory
floodplain management regulations.
National Weather Service Prepares and issues flood, severe weather, and coastal
(NWS) storm warnings and can provide technical
assistance to federal and State entities in preparing
weather and flood warning plans.
Natural Disaster Any natural catastrophe, including any hurricane,
tornado, storm, high water, wind, driven water...
tsunami, earthquake, volcanic eruption, landslide,
snowstorm, f re, or drought. (44 CFR Subpart M
206.401)
New Construction New construction means structures for which the
"start of construction" on or after the effective date of
(~~~~i~1 j~7 ,~ ~, ,~, ~~~ ,~._.,~~~,~~; 35
Local All Hazard Mitigation Plan
a floodplain management regulation adopted by a
communit~~ and includes any subsequent improvement
to such structures.
Nonstructural Floodplain Those measures, such as flood proofing, emplo ed to
Y
Management Measures to modify the exposure of
buildings to floods and use planning, warning,
schemes, and insurance as opposed to structural
measures (such as dams, levees, and channel
modifications).
One Hundred (100)-Year The flood elevation that has a one-percent chance of
occurring in any given year. It is also known as the
Base Flood.
Orthophoto An aerial photo that has been corrected to eliminate
the effects of camera tilt and relief displacement. The
ground geometry is recreated as it would appear from
directly above each and every point.
Overlay Zone Overlay zones (overlay districts) create a framework
for conservation or development of special
geographical areas. In a special resource overlay
district, overlay provisions typically impose greater
restrictions on the development of land, but only
regarding those parcels whose development, as
permitted under the zoning, may threaten the viability
of the natural resource. In a development area overlay
district, the provisions may impose restrictions as
well, but also may provide zoning incentives and
waivers to encourage certain types and styles of
development. Overlay zone provisions are o~en
complemented by the adoption of other innovative
zoning techniques, such as floating zones, special
permits, incentive zoning, cluster development and
special site plan or subdivision regulations, to name a
few.
Period The length of time between two successive peaks or
troughs of a wave. The Period may vary due to
complex interferences of waves. Tsunami wave
periods generally range from 5 to 60 minutes apart.
- -------------------------------- ----------------------------------------------------------------
~~,~~i ;i; lii;(1'I~~, ,~~~ ~7~:'.
~ '~ 36
Local All Hazard Mitigation Plan
Permeability The property of soil or rock that allows water to pass
through it.
Planning The act or process of making or carrying out plans;
the establishment of goals, policies, and procedures
for a social or economic unit.
Preparedness The steps taken to decide what to do if essential
services break down, developing a plan for
contingencies, and practicing the plan. Preparedness
ensures that people are ready for a disaster and will
respond to it effectlvely. Actions that strengthen the
capabilities of government, citizens, and communities
to respond to disasters.
Presidential Disaster Declaration The formal action by the President to make a State
eligible for major disaster or emergency assistance
under the Robert T. Stafford Relief and Emergency
Assistance Act, Public Law 93-288, as amended.
Probability A statistical measure of the likelihood that a hazard
event will occur.
Pyroclastic Pertaining to fragmented rock material formed by a
volcanic explosion or ejection from a volcanic vent.
Pyroclastic Flow Lateral flow of a turbulent mixture of hot gases and
unsorted pyroclastic material (volcanic fragments,
ash, etc.) that can move at high speeds.
Recovery The actions taken by an individual or community after
a catastrophic event to restore order and lifelines in a
community.
Regulatory Floodplain That portion of the floodplain subject to floodplain
regulations (usually the floodplain inundated by one-
percent chance flood),
-----------------------------------------------------------•--- ------------------------------•------------------.--.-----------
r
t = ~ ~~; -: ~; ~ :~: ~ 37
Local All Hazard Mitigation Plan
Regulatory Floodway Regulatory Floodway means the channel of a river or
other watercourse and the adjacent land areas that
must be reserved in order to discharge the base flood
without cumulatively increasing the water surface
elevation more than a~esignated height.
Regulatory Power Local jurisdictions have the authority to regulate
certain activities in their jurisdiction. ~Vith respect to
mitigation planning, the focus is on such things as
regulating land use, development, and construction
through zoning, subdivision regulations, design
standards, and floodplain regulations.
Relocation The moving of a structure from a flood area to a new
location, normally to one where there is no threat of
flooding.
Repetitive Loss Property A property that is currently insured for which two or
more National Flood Insurance Program losses
(occurring more than ten days apart) of at least $1000
each have been paid within any 10-year period since
1978.
Response Those activities and programs designed to address the
immediate and short-term effects of the onset of an
emergency or disaster.
Retrofit The strengthening of structures to reduce or
~' ~ A~,~~~~~ ~~:~ ~~~~lz~~~~ai~~~~~~~~~ (mitigate) future disaster risks.
It~cher Scale A numer~cal scale of earthquake magnitude devised
by seismologist C.F, Richter in 1935.
R,ift Zone A rift zone is an elongated system of crustal fractures
associated with an area that has undergone extension
(the ground has spread apart).
Risk The estimated impact that a hazard would have on
people, services, facilities, and structures in a
~ community; the likelihood of a hazard event resulting
- ------------------------ -----------•----------------------------------------------------
1 'li~ ~'•' `1'?~' ,t s;;~
38
Local All Hazard Mitigation Plan
in an adverse condition that causes injury or damage.
Risk is often expressed in relative terms such as a
high, moderate, or low likelihood of sustaining
damage above a particular threshold due to a specific
type of hazar~ event. It can also be expressed in
terms of potential monetary losses associated with the
intensity of the hazard.
Riverine Relating to, formed by, or resembling rivers
(including tributaries), streams, creeks, brooks, etc.
Riverine Flooding Flooding related to or caused by a river, stream, or
tributary overflowing its banks due to excessive
rainfall, snowmelt or ice.
Runoff That portion of precipitation that is not intercepted by
vegetation, absorbed by land surface, or evaporated,
and thus flows overland into a depression, stream,
lake, or ocean (runoff, called immediate subsurface
runoff, also takes place in the upper layers of soil).
Run-up The maximum vertical height of a tsunami in relation
to sea level.
Scale A proportion used in determining a dimensional
relationship; the ratio of the distance between two
points on a map and the actual distance between the
two points on the earth's surface.
Seiche An oscillating wave (also referred to as a seismic sea
wave) in a partially or fully enclosed body of water.
May be initiated by landslides, undersea landslides,
long period seismic waves, wind and water waves, or
a tsunami.
Seismicity Describes the likelihood of an area being subj ect to
earthquakes.
Special Flood Hazard An area within a floodplain having a 1 percent or
greater A,rea (SFHA) chance of flood occurrence in
any given year (100-year floodplain); represented on
------------------------------------------------------------•-- ----------------------------------------------------------------
;
( ~ ~ i;. , , . 39
Local All Hazard Mitigation Plan
Flood Insurance Rate Maps by darkly shaded areas
with zone designation that include the latter A ar V,
Special Hazard Area Special Hazard Area means an area having special
flood, mudslide (i.e., mudflow) and/or flood-related
erosion hazards, as shown on a FHBM or FIRM as
Zone A, AOA, A 1-3 0, AE, A99, AH, V0, V 1-30,
VE, V, NI, or E.
Stafford Act 1) The Robert T. Stafford Disaster Relief and
Emergency Assistance Act, Public Law 93-288, as
amended. 2) The Stafford Act provides an orderly and
continuing means of assistance by the Federal
Government to State, local and tribal governments in
carrying out their responsibilities to alleviate the
suffering and damage which result from disaster.
Stakeholder Individual or group that will be affected in any way
by an action or policy. They include businesses,
private organizations, and citizens
Standard Project Flood A term used by the U.S. Army Corps of Engineers to
designate a flood that may be expected form the most
severe combination of ineteorological and
hydrological conditions that is considered reasonably
characteristics of the geographical area in which the
drainage basin is located, excluding extremely rare
combinations. The peak flow for a standard proj ect
flood is generally 40 to 60 percent of the probable
maximum flood for the same location.
State Coordinating Agency State Coordinating Agency means the agency of the
State government, or other office designated by the
Governor of the State or by State Statute at the request
of the ~dministrator to assist in the implementation of
the National Flood Insurance Program in that State.
State Disaster Declaration A disaster emergency shall be declared by executive
order or proclamation of the Governor upon finding
that a disaster has occurred or that the occurrence or
the threat of a disaster is imminent. The state of
disaster emergency shall continue until the governor
------------------------------------------------- ----------------------------------------------------------------
~~~~~ ~~ ~~~ ~~~ ~ - ,
~ ~ ~ 40
Local All Hazard Mitigation Plan
finds that the threat or danger has passed or that the
disaster has been dealt with to the extent that
emergency conditions no longer exist and terminates
the state of disaster emergency by executive order or
proclamation.
Along with other provisions, this declaration allows
the governor to utilize all available resources of the
State as reasonably necessary, direct and compel the
evacuation of all or part of the population from any
stricken or threatened area if necessary, prescribe
routes, modes of transportation and destinations in
connection with evacuation and control ingress and
egress to and from disaster areas.
It is required before a Presidential Disaster
Declaration can be requested.
State Hazard Mitigation Officer The SHMO is the representative of State government
(SHMO) who is the primary point of contact with FEMA, other
State and Federal agencies, and local units of
government in the planning and implementation of
pre- and post-disaster mitigation acfivities.
Stile A set of stairs to allow access over an obstruction,
such as a floodwall
Storm Surge Rise in the water surface above normal water level on
open coast due to the action of wind stress and
atmospheric pressure on the water surface.
Stream A body of water flowing in a natural surface channel.
Flow may be continuous or only during wet periods,
Streams that flow only during wet periods are termed
"intermittent streams."
Structure
Something constructed. (see also Building}
Structural Floodplain Those physical or engineering measures employed to
modify the way floods behave; examples included
dams, dikes, levees, channel enlargements, and
( ~~ ~ ~~ I ~ .1 ~ i ~ ~ ,. ~' ~ ~ ~~ •i ~~ i ' I '~. , ~ ! , , .. 1
, ~~~i!i~. :~;.
Local All Hazard Mitigation Plan
41
diversions.
Structural Mat Slab The concrete slab of a building that includes structural
reinforcement to help support the building's structure.
Structure A walled and roofed building, including a gas or
liquid storage tank, that is principally above ground
and mounted to a permanent site, as well as a
manufactured home.
Subdivision Regulations Ordinances or regulations governing the subdivision
of land with respect to things such as adequacy and
suitability of building sites and utilities and public
facilities.
Subsidence Sinking of the land surface, usually due to
withdrawals of underground water, oil, or minerals.
Subsidized Rates Subsidized rates mean the rules established by the
Administrator involving in the aggregate
subsidization by the Federal Government,
Substantial Damage Damage of any origin sustained by a structure in a
Special Flood Hazard Area whereby the cost of
restoring the structure to its before-damaged condition
would equal or exceeds SO recent of the market value
of the structure before the damage.
Substantial Improvement Substantial improvement means any reconstruction,
rehabilitation, addition, or other improvement of a
structure, the cost of which equals or exceeds 50
percent of the market value of the structure before the
"start of construction" of the improvement, This term
includes structures, which have incurred "substantial
damage," regardless of the actual repair work
performed. The term does not, however, include
either: (1) Any proj ect for improvement of a structure
to correct existing violations of state or local health,
sanitary, or safety code specifications which have
been identified by the local code enforcement official
and which are the minimum necessary to assure safe
~ ~ ~~ t i ; _ ~, ~~ ' ? . _ .
'' ~ ` ~ - 42
Local All Hazard Mitigation Plan
living conditions or (2) ~ny alteration of a"historic
structure," provided that the alteration will not
preclude the structure's coritinued designation as a
"historic structuree"
Tectonic Plate Torsionally rigid, thin segments of the earth's
lithosphere that may be assumed to move horizontally
and adjoin other plates. It is the friction between plate
boundaries that cause seismic activity.
Tephra Tephra is a general term for fragments of volcanic
rock and lava regardless of size that are blasted into
the air by explosions or carried upward by hot gases
in eruption columns or lava fountains. Tephra
includes large dense blocks and bombs, and small
light rock debris.
Topography The contour of the land surface. The technique of
graphically representing the exact physical features of
a place or region on a map.
Tribal Governrnent A Federally recognized governing body of an Indian
or Alaska Native Tribe, band, nation, pueblo, village
or community that the Secretary of the Interior
acknowledges to exist as an Indian tribe under the
Federally Recognized Tribe List Act of 1994, 25
U.S.C. 479a, This does not include Alaska Native
corporations, the ownership of which is vested in
private individuals.
Tsunami A sea wave produced by submarine earth movement
or volcanic eruption with a sudden rise or fall of a
section of the earth's crust under or near the ocean. A
seismic disturbance or land slide can displace the
water column, creating a rise or fall in the level of the
ocean above. This rise or fall in sea level is the initial
formation of a tsunami wave.
Variance Variance means a grant of relief by a community from
the terms of a floodplain management regulation.
~;~~~°~; ;,, ~~~~,,, ~ , .~~~,, 43
Local All Hazard Mitigation Plan
Vent Vents are openings in the Earth's crust from which
molten rock and volcanic gases escape onto the
ground or into the atmosphere. Vents may consist of
a single circular-shaped structure, a large elongated
fissure and fracture, or a tiny ground crack.
Venting A system designed to allow floodwaters to enter an
enclosure, usually the interior of foundation walls, so
that the rising water does not create a dangerous
differential in hydrostatic pressure. This is usually
achieved through small openings in the wall, such as a
missing or rotated brick or concrete block or small
.
pipe.
Vulnerability Describes how exposed or susceptible to dama e an
g
asset it. Vulnerability depends on an asset's
construction, contents, and the economic value of its
functions. The vulnerability of one element of the
community is often related to the vulnerability of
another. For example, many businesses depend on
uninterrupted electrical power - if an electrical
substation is flooded, it will affect not only the
substation itself, but a number of businesses as well.
Other, indirect effects can be much more widespread
and damaging than direct ones.
Vulnerability Assessment The extent of injury and damage that ma result from
Y
hazard event of a given intensity in a given area. The
vulnerability assessment should address impacts of
hazard events on the existing and future built
environment.
~Vatercourse A natural or artificial channel in which a flow of
water occurs either continually or intermittently.
Watershed An area that drains to a single point. In a natural
basin, this is the area contributing flow to a given
place or stream.
-------•------- ----------------------------------------------------------------
( l~ ~+~~~ ~„ r;, , .~ ~ ,. ,. ~, 44
Local All Hazard Mitigation Plan
Water Surface Elevation Water surface elevation means the height, in relation
to the National Geodetic Vertical Datum (NGVD) of
1929, (or other datum, where specified) of floods of
various magnitudes and frequencies in the floodplains
of coastal riverine areas.
Water Table The uppermost zone of water saturation in the ground.
Wetlands Areas that are inundated or saturated frequently and
for long enough to support vegetative or aquatic life
requiring saturated or seasonally saturated soil
conditions for growth and reproduction.
Wildfire An uncontrolled fire spreading through vegetative
fuels, exposing and possibly consuming structures.
Zoning Ordinance An ordinance under the State or local government's
police powers that divides an area into districts and,
within each district, regulates the use of land and
buildings, height, and bulk of buildings or other
structures, and the density of population,
~~ , ~,
I, ,~ ~~~ ~i: .
' 45
Local All Hazard Mitigation Plan
Appendix B
ACMP Alaska Coastal Man~gement Program
ADES Alaska Division of Emergency Services
ADF&G Department of Fish and Game ~State of Alaska)
ADOI Alaska Division of Insurance
AEIC Alaska Earthquake Information Center
AEMS Alaska Emergency Management System
AFS Alaska Fire Service
AGDC Alaska Geospatial Data Committee
AHS Alaska Hydrologic Survey
AKRR Alaska Railroad
ALCOM Alaskan Command
ANILCA Alaska National Interest Lands Conservation Act
AOR Area of Responsibility
AMSC Alaska Mountain Safety Center
ANSS Advanced National Seismic System
ARC American Red Cross
ARES Amateur Radio Emergency Services
ARNG Army National Guard
ARRL American Radio Relay League
AS Alaska Statute
AST Alaska State Troopers
ATV All Terrain Vehicle
AVO Alaska Volcano Observatory
AWCG Alaska VVildfire Coordinating Group
BLM Bureau of Land Management
CAP Community Assistance Program
CAP Civil Air Patrol
CDBG Community Development Block Grant
CIAP Coastal Impact Assistance Program
CRS Community Rating System
CTOC Communications Technology, Qperations & Coordination
DART Deep-ocean Assessment and Reporting of Tsunamis
DAS Department of Administration
DC Department of Corrections
DCA Department of Community Advocacy
DCBD Division of Community & Business Development (State of Alas~a)
DCED Department of Community & Economic Development (State of Alaska
)
DEC Department of Environmental Conservation (State of Alaska)
DEED Department of Education & Early Development (State of Alaska)
DF&G Department of Fish & Game
-------------------------------------------------------- ----------------------------------------------------------------
,~~~~;> > ~.. ~ ~ ~ 46
Local All Hazard Mitigation Plan
DGC Division of Governmental Coordination (State of Alaska)
DGGS Division of Geologic ~i Geophysical Surveys (State of Alaska)
DHSS Department of Health & Social Services
DLAW Department of Law (State of Alaska}
DMVA Department of Military & Veterans Affairs (State of Alaska)
DNR Department of Natural Resources (State of Alaska)
DOA Department of Agriculture (U.S.)
DOD Department of Defense (U.S.)
DOF Division of Forestry (State of Alaska)
DOI Department of the Interior (U.S.)
DOJ Department of Justice (U.S.)
DOT&PF Department of Transportation & Public Facilities (State of Alaska)
DPC Governor's Disaster Policy Cabinet (State of Alaska)
DPS Department of Public Safety (State of Alaska)
EAS Emergency Alert System
EMPG Emergency Management Program Grant
EOC Emergency Operation Center
EOP Emergency Operations Plan
EPA Environmental Protection Agency
FAA Federal Aviation Administration
FCC Federal Communications Commission
FEMA Federal Emergency Management Agency
FGDC Federal Geospatial Data Clearinghouse
FMA Flood Mitigation Assistance Program
GIS Geographic Information System
GOES Geostationary Operational Environmental Satellite
HMGP Hazard Mitigation Grant Program
HUD U.S. Department of Housing and Urban Development
HVA Hazard a.nd Vulnerability Analysis
IHCA Interagency Hydrology Committee for Alaska
KPB Kenai Peninsula Borough
LEPC Local Emergency Planning Committee
MSB Matanuska-Susitna Borough
NAWAS National Warning System
NFIP National Flood Insurance Program
NMFS National Marine Fisheries Service
NOAA National 4ceanic & Atmospheric Administration
NOS National Ocean Service
--------•------------------------------------------------------ -------------------------------------•--------------------------
(~f~ill i~~~ ~~;~i;~r~~,~~~~~~~~ ~~~• ~ 47
Local All Hazard Mitigation Plan
NPS National Park Service
NWS National Weather Service
PMEL Pacific Mar~ne Environmental Laboratory
SBA Small Business Administration
SEAAC South-east Alaska Avalanche Center
SECC State Emergency Coordination Center
SERC State Emergency Response Commission
SHMO State Hazard Mitigation Officer
SRC Senate Concurrent Resolution
TIME Tsunami Inundation Mapping Effort
UAF University of Alaska Fairbanks
UAF/GI University of Alaska Fairbanks Geological Institute
t7SACE United States Army Corps of Engineers
USAF United States Air Force
USCG United States Coast Guard
USFA United States Fire Administration
USFS United States Forest Service
USFWS United States Fish & Wildlife Service
USGS United States Geological Survey
WC&ATWC West Coast/Alaska Tsunami VVarning Center
W1VID Weapons of Mass Destruction
WP ~Vai-ning Point
( ~~'~ ;,~, ,, . ' ~ .~ ,.. '
~,<< ~; ,~ „~ ,~;~.; 48
Local All Hazard Mitigation Plan
~~
~
,
AGENDA
KENAI CITY COUNCIL - REGULAR MEETING
APRIL 21, 2004
?:00 P.M.
KENAI CITY COUNCIL CHAMBERS
http: /vwvw.ci.kenai.ak.us
ITEM A: CALL TO ORDER
1. Pledge of Allegiance
2. Roll Call
3. Agenda Approval
4. Consent Agenda
*All items listed with an asterisk (*~ are considered to be routine and non-
controversial by the council and will be approved by one motion. There will be no
separate discussion of these items unless a council member so requests, in which case
the item will be removed from the consent agenda and considered in its normal
sequence on the agenda as part of the General Orders.
ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes)
~! ,~~'~ - ~ ~~~o/
ITEM C: PORTS OF KPB ASSEMBLY, LEGISLATORS AND COUHCILS
ITEM D: PUBLIC HEARINGS
1. Ordinaace No. 203?-2004 -- Amending KMC 23.40.080 to Provide for a
~ 1~ . . .
Flve Year Maximum Penod of Reemployment for Those Persons
~"~~~ . . . . . .
f Part~cipa~ng ln the PERS Opt-Out and Reemployrnent Prov~sions of AS
39.35.150(b)o
a. Substitute Ordinauce No. 2037-2004 -- Amending KMC
23.40.080 to Provide for a Five Year Maximum Period of
Reemployment for Those Persons Participatu~ig in the PERS Opt-
Out and Reemployment Provisions of AS 39.35.150(b).
2. Resolution No. 2004• 15 -- Awarding a~ 19,800 Contract for
Professional Services at Vintage Pointe Manor.
~~ 3, Resolution No. 2004-1b -- Transferring ~ 15,000 in the General Fund
~
~~~ .
From Non-Departmental Contingency for Purchase of a Telephone
System in the Public Safety Building.
-~- 4. Resolution No. 2004-17 -- Approving a Contract to Procomm Alaska for
a Vehicle Repeater System Not to Exceed ~50,000. ,
ITEM E: C~MMISSI~NICOM~IIITTEE REPORTS
1. Council on Aging
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2. Airport Commission
3. Harbor Commission
4. Library Commission
5. Parks 8~ Recreation Comrnission
6. Planning 8~ Zoning Commission
7. Miscellaneous Commissions and Committees
a. Beautzfication Committee
b. Kenai Convention & Visitors Bureau Board
c. Alaska Municipal League Report
d. Kenai Chamber of Commerce
e. Arctic VVinter Games
ITEM F:
1.
ITEM G:
ITEM H:
ITEM I:
~'~;~ 1.
~
~~v~~C 2.
MINUTES
*Regular Meeting of March 17, 2004.
CORRESPONDENCE
~LD BUSINESS
NEW BUSI~~ESS
Bills to be Paid, Bills to be Ratified
Purchase Orders Exceeding $2,500
3. *Ordiaance No. 2038-2004 -- Finding That Certain City-Owned Airport
Land, Described as Tract A, Baron Park No. 12 ~Preliminary Plat),
Consisting of Approximately 16 Acres Adjacent to Marathon Road, is Not
Required for a Public Purpose and Can Be Sold, Providing a Deed of
Release is Obta.ined from the Federal Aviation Administration.
4. *Ordinance No. 2039-2004 -- Finding That Certain City-Owned Airpor-t
Land, Described as Baron Park No. 6, Consisting of Approximately 15
Acres Adjacent to Marathon Road, is Not Required for a Public Purpose
and Can Be Sold.
5.
! ~~ 6.
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ITEM J:
*Ordinance No. 2040-2004 -- Ainending KMC 7.05.010 to Provide for a
Flat Tax on Aircrafte
Discussion -- Request to Purchase Tract A-5 Dena'ina Point Estates.
Discussion -- Set Schedule for City Manager, City Attorney and City
Clerk Annual Evaluations.
Discussion -- Possible Amendment and the Ot~cial Kenai Zoning Map by
Rezoning and Re-Platting Several Lots in the Lawton Acres Subdivision
from Conservation (C).
REPORT OF THE MAYDR
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ITEM K: ADMINISTRATION REPORTS
1. City Manager
2. Attorney
3. City Clerk
ITEM L: DISCUSSION
1. Citizens ~~ive minutes~
2. Council
E~ECUTIVE SESSION - None Scheduled
ITEM M: ADJOURNMENT
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CiTY OF ~~~~`MENT
PLANNING DEPAR~_
KENAI PENINSULA BOROUGH PLAT COMMITTEE
BOROUGH ADMINISTRATION BUILDING
ASSEMBLY CHAMBERS
144 NORTH BINKLEY STREET
SOLQOTNA, ALASKA 99669-7599
5:30 p.m. April 26, 2004
Tentative Agenda
MEMBERS:
A. CALL TO ORDER
Dr, Rick Foster
Homer City
Term Expires 2004 B, ROLL CALL
~im ~snam
ster~ing C. APPROVAL OF AGENDA EXCUSED ABSENCE
, S, AND MINUTES
Term Expires 2006
Blair Martin 1. Agenda
Kalifornsky Beach
Term Expires 2006 2. MemberlAlternate Excused Absences
Mark Massion
Seldovia City a. No excused absences requested.
Term Expires 2006
3. Minutes
ALTERNATES;
Bill Hutchinson a. Apr'il 12, 2004
Ridgeway
TermExpires2004 D. SUBDIVISION PLAT PUBLIC HEARINGS
Brent Johnson
KasiloflClam Gulch 1. Jesse Lee Heights Subdivision Addition No 05
Term Expires 2006 KPB 2004-089
McLanelSafeway Inc.
Location: City of Seward
Postponed until City review received
2. Richard Williams Subdivision Franke North Addition
KPB 2004-094
McLanelBallard Homes
Location: North of Ciechanski Rd. off Woods Dr.
3. College Estates Subdivision No 04
KPB 2004-090
McLane/Franke Co.
Location: East of Kalifornsky Beach Rd off Poppy Ridge
4. Scenic Heights Subdivision No 03
KPB 2004-099
McLane/01son
Location: East of Kenai Spur Hwy in Soldotna
1
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5. Toombs Subdivision ~l0 02
KPB 2004-491
JohnsonlToombs
Location: On Kingsley Lake East of Cohoe Loop Rd.
6. Crooked Creek Subdivision 2003 Addition
KPB 2004-092
Johnson/Gorlick
Location: East of Sterling Highway in Kasilof
l. McQuiston Subdivision
KPB 2004-095
JohnsonlMcQuiston
Location: West of Sterling Hwy in Ninilchik
8. ~ Ri~er Subdi~ision Ischi Addition ~
KPB 2004-100
Whitfordllschi
Location: City of Soldotna
9. Miller Homestead Subdivision Addition No 02
KPB 2004-101
WhififordlSuperman
Location: On Darby Avenue in Nikiski
10. Martha's Meadow
KPB 2004-108
WhififordlHutton
Location: East of Soldotna off Jim Dahler Road
11. Exit Glacier Subdivision No 02
KPB 2004-102
IntegritylKPB
Location; On Old Exit Glacier Road in Seward
12. Soldotna South Subdivision Opheim Replat No 02
KPB 2004-103
IntegritylOpheim
Location: South of Soldotna in Kasilof
13. Moose Range Meadows Subdivision Miller Replat
KPB 2004-104
Integrity/Mann
Location: Off Keystone Drive
14. T& W Subdivision Traxinger Replat
KPB 2004-105
IntegritylTraxinger
Location: On Jasper Lane in North Kenai
2
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15. Arctic Moon No 02
KPB 2004-106
Imhoff/Bryant
Location: East End Road in Homer
K-Bay APC
16. Glacier View Subdivision 2003
KPB 2004-087
Imhoff/Tutt/Jensen
Location: City of Homer
Adoption of findings for denial of plat on 411212004
17. Deitz Home Estates No 14
KPB 2004-084
Borderline/ Hulsing
Location: North of East End Road ~in Homer
K-Bay APC
Carried forward from April 12, 2004
E. MISCELLANEOUS INFORMATION -- NO ACTION REQUIRED
F. PUBLIC COMMENT
G. ADJOURNMENT
NEXT REGULARLY SCHEDULEfl MEETING
The next regularly scheduled Plat Committee meeting will be held May 10, 2004 in
the Assembly Chambers, Borough Administration Building,144 North Binkley Street,
Soldotna at 5:30 p.m.
PLANNING DEPARTMENT
Phone: 907-262-4441, extension 260
Phone; toll free within the Borough 1-800-418-4441, extension 260
Fax: 907-262-8618
e-mail address: planninqC~b__ orouqh.kenai.ak.us
web site: www.borough.kenai.ak.uslplanninqdept
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KENAi PENINSULA BOROUGH PLANNING COMM1SS14N
BOROUGH ADMINISTRATION BUILDING
ASSEMBLY CHAMBERS
144 NORTH BINKLEY STREET .
SOLD4TNA, ALASKA 99669-7599
April 26, 2004 7,30 P.M.
Tentative Agenda
A. CALL TO ORDER
Philip Bryson
Chairman
Kenai City g, R4LL CALL
Term Expires 2004
C. APPROVAL OF CONSENTAND REGULARAGENDA
Tom Clark
Vice Chairman
Anchor All items marked with an asterisk (*) are considered routine and noncontroversial by the Planning
PointlNinilchik Commission and will be approved by one motion, There will be no separate discussion of these items
Term Expires 2004 unless a Planning Commissioner so requests, in which case the item will be removed from the consent
agenda and considered in its normal sequence on the regular agenda.
Dick Troeger
Parliamentarian If you wish to comment on a consent agenda item or a regular agenda item other than a public hearing,
Soldotna City please advise the recording secretary before the meeting begins, and she will inform the Chairman of your
Term Expires 2005 wish to comment.
Dr. Rick Foster *1. Time Extension Requests
PC Member ~
Homer City a. Country Club Estates Fairview Vacation Replat
Term Expires 2004 KPB File 2003-035 [Imhoff/Zak]
Mari Anne Gross LOCat1011: City of Homer
PC Member ~
Southwest Borough b. Stouder-Osloond No 02
Term Expires 2005 KPB File 2001-046 [Imhoff/Trimble]
Lynn Hohl Location: On the west side of the Sterling Highway, north of Anchor
PC Member P0111t
Seward City
Term Expires 2005 *2, Plats Granted Administrative A roval
Pp
William Hutchinson
PC Member ~`3. Plats Granted Final Approval (20.04.070) - None
Ridgeway
Term Expires 2004 *4. Plannin Commission Resolutions
9
James Isham
PC Member a. KPBPC Resolution 2003-42 Amended: An Amended Conditional Use
ster~ing Permit Pursuant to KPB 21.18 for the construction of a 32 24-foot by
Term Expires 2006 36 40-foot gabled roof to cover a 31-foot mobile home and 14-foot
Brent ~ohnson wooden de~k. This amended project is located along the Poacher's
Pc Member Cove Boat Basin near the right bank of the Kenai River at River Mile
KasiloflClam Gulch 17.2 on Lot 102 & Lot 103, Poacher's Cove Planned Development
Term Expires 2006 UI11t, Amended, Section 19, T. 5 N., R.10 W., S.M., AK; KPB Parcel
Blair Martin I.D.: 057-489-14 & 11
PC Member
Kalifornsky Beach *5. Coastal Management Program
Term Expires 2006
Mark Massion a. Conclusive Consistency Determinations Received from DGC
PC Member
City of Seldovia b. Administrative Determinations
Term Expires 2006
c. Current Reviews
1
~
Todd Petersen
PC Member
East Peninsula
Term Expires 2004
Ray Tauriainen
PC Member
Northwest Borough
Term Expires 2005
Max J. Best
Planning Director
Dale Bagley
Borough Mayor
*6. Commissioner Excused Absences
a. No excused absences requested.
*7. Minutes
a. April 12, 2004 Plat Committee Minutes
b. April 12, 2004 Planning Commission Minutes
D. PUBLIC COMMENTIPRESENTATIONS/COMMISSIONERS
(Items other than those appearing on the agenda. Limited to five minutes per speaker unless previous
arrangements are made.)
E. UNFINISHED BUSINESS - None
F. PUBLIC HEARINGS
- : 1. Vacate the ~ 320 foot portion of the 66-foot section line easement centered
on the line common to the NW~14 NW114 Section 26 and NE1/4 NE1/4
Section 2l, Township 4 South, Range 15 West, Seward Meridian, Alaska;
and within the Kenai Peninsula Borough; KPB File 2004-074; Petitioners:
Thomas E Hall and Richard Synhorst of Homer, Alaska; Location: East of
,
Sterling Highway in Anchor Point
2, Vacate Tilly Court, a 60-foot right-of-way dedicated by Scenic View
Subdivision No 06 (Plat HM 82-47) and associated utility easements; within
Section 16, Township 6 South, Range 13 West, Seward Meridian, Alaska;
The City of Homer and within the Kenai Peninsula Borough; KPB File 2004-
075; Petitioners: Clem and Diana R Tillion of Halibut Cove, Alaska; Location:
- - City of Homer
3. A land-use permit application was received by the Borough to operate a
gravel site in the Anchor Point area; Location: T05S R15W S13, Seward
Meridian, KPB 16913231; Parcel: 32 acres; Portion to be Gravel Pit: approx.
10 acres; Applicant: SK Resources LLC; Owner: Susie & Jeffery Hokkanen
4. Public notice is hereby given that a public hearing will be held to rename
~ existing streets to facilitate the Enhanced 911 Street Naming and Addressing
project within the Kenai Peninsula Borough. Streets under consideration at
this meeting are described as follows:
a. NIKISKI AVE (por#ion east of Island Lake RD and the section line
between it and ADMIRALTY DR) within Porter S/D No.1 ~KN 88-02),
Sec 1, T7N, R12W, SM, AK. Located off of Island Lake RD in
Nikiski. ESN 501. Proposed to be named ADMIRALTY DR. Reason
for change duplicate street name and one right-of-way with two
names.
b. NIKISHKA RD within McGrady SID (KN 75-88}, Sec 2, T6N, R12W,
SM, AK. Located off of Miller Loop RD in Nikiski. ESN 501. Reason
for change duplicate street name. If no suggestions received, could
be renamed CELESTIAL ST.
c. OLD NIKISHKA BEACH RD within North Kenai Fire Department
Tract-1 (KN 73-13), Aurora Heights S1D (KN 78-197), Sec 1, T7N,
R12W, SM, AK. Located near MP 27of the Kenai Spur HWY in
Nikiski, ESN 501. Reason for change duplicate street name. If no
suggestions received, could be renamed BRIDAL DR.
2
,~`
d. JOHNSON CIR within Diamond View Estates (HM 80-94} Sec 9,
T6S, R14W, SM, AK. Located off of Diamond Ridge RD near Homer.
ESN 202. Reason for change duplicate street name. If no
suggestions received, could be renamed HAMPTON CT.
e. JOHNS~N LN within Diamond View Estates Unit 2(HM 83-115) Sec
9, T6S, R14W, SM, AK. Located of Diamond Ridge RD near Homer.
ESN 202. Reason for change duplicate street name. If no
suggestions received, could be renamed HAMPTON DR.
f. JOHNSON ST within Dorel SID (HM 76-14) Sec 35, T4S, R15W,
SM, AK. Located off of North Fork RD near Anchor Point. ESN 401.
- Reason for change duplicate street name. If no suggestions
received, could be renamed CALICO ST.
g. JOHNSTON RD within Norman S1D (SW 94-09) Sec 13, T1 N, R1 W,
~F S~I, AK. _ Located off ~f Bear Lake RD in Bear Creek. ESN 752.
Reason for change duplicate street name. if no suggestions
received, could be renamed TREEHOUSE RD.
h. JOYCE AVE within Derkevorkian SID (KN 14-18) Sec 32, T5N,
R10W, SM, AK. Located off of Funny River RD. ESN 303. Reason
for change duplicate street name. If no suggestions received, could
be renamed SPRINGWATER AVE.
JOYCE PL within Irish Hills S/D (KN 78-109) Sec 4, T3N, R11W,
SM, AK. Located off of Irish Hills AVE near Orphea Lake. ESN 302.
Reason for change duplicate street name. If no suggestions
received, could be renamed TADPOLE CIR.
j. JOYCE PL within Ted Thompson S/D (KN 84-327} Sec 35, T5N,
R8W, SM, AK. Located near the mouth of the Killey River. ESN
303. Reason for change duplicate street name. If no suggestions
received, could be renamed ALEUT ST.
k. KELLSIE CT uvithin Brewer S/D (KN 84-135) Sec 34, T4N, R11W,
SM, AK. Located off of Reflection Lake RD. ESN 302. Reason for
change duplicate street name.lf no suggestions received, could be
renamed AUBURN CT.
I. . KELSEY ST within Howard Romig Estates (SW 92-01) Sec 27, T5N,
.~ R3W, ~M, AK. Located off of Snug Harbor RD in Cooper Landing.
ESN 801. Reason for change duplicate street name. If no
suggestions received, could be renamed GOODNEIGHBOR ST.
m. KELLY CT within Glen Erin (HM 88-28) Sec 6, T6S, R12W, SM, AK.
Located off of Caroline RD near Homer. ESN 202. Reason for
change duplicate street name. If no suggestions received, could be
renamed HORSENAROUND CT.
n. KELLY DR within Clam Gulch Acres ~KN 86-81 } Sec 21, T2N,
R12W, SM, AK. Located near MP 116 of the Sterling HWY. ESN
303. Reason for change duplicate street name. If no suggestions
received, could be renamed LOVEALL LOOP.
o. KELLY LN within Petaluma Acres (KN 1779) Sec 11 and 14, T5N,
R8W, SM, AK. Located off of Adkins RD near Sterling. ESN 302.
Reason for change duplicate street name. If no suggestions
received, could be renamed CATFISH AVE.
p. KELLY LN within Spacious Lots (KN 72-77) Sec 24, T7N, R12W,
SM, AK. Located off of Lisburne AVE near Nikiski. ESN 501.
Reason for change duplicate street name. If no suggestions
received, could be renamed HONESTY ST.
q. KELLY ST within Kelly S/D 1977 Addition (HM 78-124) Sec 3 and 4,
T2S, R14W, SM, AK. Located off of Julia Steik AVE in Ninilchik.
ESN 451. Reason for change duplicate street name. If no
suggestions received, could be renamed DENALI CIR.
r. JODINE CIR within Cohoe Corners (KN 85-118) Sec 1, T2N, R12V11,
SM, AK. Located off of Cohoe Loop RD near Kasilof. ESN 303.
Reason for change duplicate street name. If no suggestions
received, could be renamed FLEETWOOD CT.
s. JOaY ST within McCaughey SID (KN 75-125) Sec 26, T7N, R12UV,
SM, AK. Located off of Autumn RD near Nikiski. ESN 501. Reason
for change duplicate street name. If no suggestions received, could
be renamed TOP GUN ST.
G. VACATI4NS NOT REQUIRING A PUBLIC HEARING - None
H. SPECIAL CONSIDERATIONS
1. Vacate the driveway easement within Tract A-2 of Glacier View Subdivision
No.19 (Plat HM 86-107), within Section 20, Township 6 South, Range 13
West, Seward Meridian, Alaska; and within the City of Homer; KPB File
2004-096; KPBPC Resolution No. 2004-15; Petitioners: University of Alaska
and City of Homer; Location: City of Homer
2. Removal of plat note restriction for Lot 7, 8, 9, & 10 Block 4; Strawberry Hill
Estates; KPB File 2004-097; Petitioners: Clint & Denise Chappell of Kenai,
Karen L Carson and Diana Taplin of Soldotna, AK; KPBPC Resolution No.
2004-16; Location: City of Kenai
SUBDIVISION PLAT PUBLIC HEARINGS
1. The Plat Comrnit#ee is scheduled to review 16 preliminary plat items.
J. ANADROMOUS STREAM HABIT~T PROTECTION (KPB 21.18)
1. A Conditional Use Permit Pursuant to KPB 21.18 for the development af
properties within the Preliminary Subdivision of River Quest located along the
left bank of the Kenai River at River Mile 15.1, adjacent to Government Lots
5& 6, Section 19, T. 5 N., R.10 W., S.M., AK (KPB Parcel I.D.: 055-259-99);
Petitioner: Robert Nash, Managing Member, River Quest RV Resort, LLC,
Soldotna, AK 99669; KPBPC Resolution 2004-19
K. COASTAL MANAGEMENT PROGRAM CONSIDERATIONS - None
L. ~THERINEW BUSINESS
M. ASSEMBLY COMMENTS
N. DIRECTOR'S COMMENTS
~
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1
0. COMMISSIONER COMMENTS
P. PENDING ITEMS FOR FUTURE ACTION
Q. ADJOURNMENT
MISCELLANEOUS INFORMATIONAL ITEMS
NO~ACTION REQUIRED
1. AML Touchstone, April 2004, Valume 13, Issue 7
2. Anchor Point Advisory Planning Commission February 17, 2004 Minutes
3. Anchor Point Advisory Planning Commission April 20, 2004 Agenda
4. Planning Commission Resolution SN 2004-06: Renaming ~ertain Public Rights-Of-
Way Within; Section 34, T5S, R13W; Section 5, 6, T6S, R12W; Section 3, T6S,
R13W; Seward Meridian, Alaska Within Emergency Service Number (ESN} 202;
Section 12, T6S, R13W; Seward Mer~~ian, Alaska Within Emergency Service
Number (ESN) 203; Section 22, 27, 28, 33, 34, T4N, R11 W; Section 5, T5N, R8W;
Section 22, 29, 30, T5N, R9W; Section 22, 35, TSN, R10W; Seward Meridian, Alaska
Within Emergency Service Number (ESN) 302; Section 10, T2N, R12W; Section 35,
T3N, R12W; Seward Meridian, Alaska Within Emergency Service Number (ESN)
303; Section 29, T5S, R14W; Section 9, T5S, R15W; Seward Meridian, Alaska Within
Emergency Service Number (ESN} 401; Section 35, T7N, R12W; Seward Meridian,
Alaska Within Emergency Service Number (ESN) 501; as approved March 22, 2004
FUTURE PLANNING COMMISSION MEETING
The next regularly scheduled Planning Commission meeting will be held May 12, 2004 in the
Assembly Chambers, Borough Administration Building,144 North Binkley Street, Soldotna at
7:30 p.m.
ADVISORY PLANNING COMMISSION MEETINGS
Advisor Commission Meeting Location Date Time
Anchor Point A ril 20 7:00 .m.
Kachemak Ba Communit Hall A ril 22 7:00 .m.
Kachemak Ba Communit Hall Ma 6 7:00 .m.
Anchor Point Ma 7:00 .m.
Coo er Landin Communit Hall Ma 12 7:30 .m.
NOTE: Advisory planning commission meetings are subject to change. Please verify the
meeting date, location, and time with the advisory planning commission chairperson.
Chairperson contact information is on each advisory planning commission website, which is
linked to the Planning Department website.
CONTACT INFORMATION
KENAI PENINSULA BOROUGH PLANNING DEPARTMENT
Phone: 907-262-4441, extension 260
Phone: toll free within the Borough 1-800-478-4441, extension 260
Fax: 907-262-8618
e-mail address: planning~a,borouqh.kenai.ak.us
web site: www.borouqh,kenai,ak.uslplannin~gdept
5
STAFF REPORT
To: Planning & Zoning Commission - File
Date: Apri17, 2004 Res: PZ04-18
GENERAL INFORMATION
Applicant: Leif Carlson 262-7277
For: Batir Construction
P.O. Box 2377
Soldotna, AK 99669
Requested Action: Landscape Site Plan - Central Peninsula
Counseling Service
Legal Description: Lot 4A, Block 15 Original Kenai Townsite
Street Address: 905 Cook Avenue
KPB Parcel No.: 04709104
Existing Zoning: CC - Central Commercial
Current Land Use: Adult Care Facility
Land Use Plan: Historical Townsite
ANALYSIS
General Information:
KMC 14.25 specifies the requirements for landscape/site plans within the City of Kenai.
Section KMC 14,25.030 details Landscaping/Site Plan submittal requirements.
Applicant intends to add a 10 x 20-foot dining room extension onto the existing building.
Applicant's site plan shows existing structure, parking, landscaping, access, and drainage.
Applicant states snow is removed so there is no on-site snow storage area. There should
be a total of 16 parking spaces to allow for adequate parking for building. No additional
landscaping will be done. Contractor will restore the garden area after construction is
completed.
Trash containers are not shown on the plans. Containers should be located in an obscured
location. Screening will be required.
Cit~En ineer: No additional Comments.
Buildin Official: No additional Comments.
0418 Comment.doc
RECOMMENDATIONS
Page 2
Plan approved subj ect to the following requirements:
1. Trash containers are not shown on plan. Containers should be located in an
obscured location. Screening will be required.
ATTACHMENTS:
1. Resolution No. PZ04-18
2. Application
3. Drawings
CITY OF KENAI
PLANNING AND ZONING
LANDSCAPEISITE PLAN REVIEW
RES4LUTION N0. PZ04-18
A RESOLUTION OF THE PLANNING AND ZONING ADMINISTRATION OF THE
CITY OF KENAI RECOMMENDING THAT THE ATTACHED LANDSCAPINGISITE
PLAN REVIEW BE APPROVED SUBJECT TO THE FOLLOWING CONDITI~NS:
VUHEREAS, the attached Landscaping/Site Plan Review was:
• Received by: Robert Springer, Buildinq Official
• Submitted by: Leif Carlson - Batir Construction
• Submitted for: Central Peninsula Counseling Services
• Property Address; 905 Cook Avenue
• Legal Description: Lot 4A, Block 15 Ori~qinal Kenai Townsite
~ Parcel No.: 04709104
WHEREAS, the City of Kenai Planning and Zoning Administration finds this plan
provides for orderly and safe development within the City commensurate with
protecting the health, safety, and welfare of its citizens, and provides adequate
and convenient open spaces, light and air in order to avoid congestion of
commercial and industrial areas; and,
WHEREAS, the plan appears to provide for landscaping andlor the retention of
natural vegetation in conjunction with commercial and industrial development
within the City; and,
WHEREAS, the purpose of landscaping is to visually enhance the City's
appearance and reduce erosion and storm runoff, and the plan appears to meet
this criteria.
N01N, THEREFORE, BE IT RESOLVED, BY THE PLANNING AND ZONING
ADMINISTRATION OF THE CITY OF KENAI THAT THE LANDSCAPING/SITE
PLAN IS APPROVED.
R~vie~wed and ~proved:
Date:
Plan approved subject to the following requirements:
1. Trash containers are not shown on plan. Containers should be located in an
obscured location. Screening will be required.
~ ~
LANDSCAPlNGISiTE PLAN REVIEW
APPLICATlON
APPLICANT a ~
~~ ~~
BUSINESS NAME , ~~~~ ~~~,~~~~~,,~
LEGAL PROPERTY
OWNER
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ZONING
DESIGNATION C RR RR-1 RS RS-1 RS-2 RU CC CG IL R TSH
(Circle one~
LEGAL DESCRIPTI~N ,
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PARCEL NUMBER ~ y ~ ~ ~~ ` .
n
Include the faliowing on the Site Plan. If not appiicable please put an NA
next to the item.
~~-~ a. Cornmon and scientific name of the lantin materials to be
p 9
used in the project.
~ b, T ical lantin details. -~.~-~-~
YP P 9 ~~~
~ c. Loca ' ' ~ ~ •
tion of all planting areas and relationship to buildings,
parking areas, and driveways.
1J d. Identification and location of non-living landscapin materials to
9
be used.
N A e. Identification of on-site snow storage areas. -'~,~~, ~~
~ ~.~no~ ~.~
f. Drainage patterns.
~ ~
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~~ g. Description of buildings, including buildin hei ht round floor
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dimensions, kinds of building materials, type of architecture ~~-~~5~~~'~-
anticipated. ~~'~~b
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. Physical features of the property including location of all
_____
buildings, ingress and egress, and unusual features of the
property which may restrict development and drainage.
Additional comments or information should be attached to this application,
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KENAI PENIIVSULA BOROIJGH
~'
144 N. BINKLEY ~ SOLD4TNA, ALASKA • 996fi9-7599
BUSINESS (9~7) 262•aaal FAX (907~262-1892
.
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ADMINISTR.~iTIVE APPRaVAL
Subdivision: Kenai Townsite ACS Replat
KPB File 2003-174
Kenai Recording District
DALE BAGLEY
MAY~R
The Kenai Peninsula Borough Plann~ng Commission has reviewed the above subdivision plat.
Administrative Approval has been granted by the undersigned on March l, 2004. The original
mylar must be submitted to the barough for signature v~ithin one year or this approval will be
.
void.
UVhen signed by an authorized official of the borough, the plat must be filed with the appropriate
district recorder within five working days by the borough ar the surveyor who prepared the plat.
Mary To
Platting Of~icer
NOTARY ACKNOWLEDGEMENT:
Subscribed and sw
` ~~([~~~.~ ~~~
.~Q,S''"~ f'~~ 1 ' ~!~[~~
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.~.~'~~ `~o% ~
~~~ ~~ ~~
, ~~~~~~"
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before me this day of , 2004.
Notary Public for State of Ala
My Commission Expires: L- t~
NC~T'ARY PU BLIC
STATE QF AL~eSKA
MARIA E. SWEPPY
SURVEY FIRM HAS BEEN ADVISED OF ADDITIONAL REQUIREMENTS, IF ANY, TO
BE COMPLIED W~TH PRIOR TD FILING PLAT WITH DISTRICT RECORDER.
;~ ~m' ~ ~
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~-' KENA1 PENINSULA BC~RC]UGH
~ 144 N. BINKLEY • SOLDOTNA, ALASKA ~ 99669-7599
~ BUSINESS (~07) 262-4441 FAX (947)2fi2-1892
• ~
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ADMINISTRA.TNE APPROVAL
Subdivision: Shankel Subdivision
KPB File 2003-160
Kenai Recording District
The Kenai Peninsula Borough Planning Commission has reviewed the above subdivision plat.
Administrative Approval has been granted by the undersigned on Apri16, 2004, The original
mylar must be submitted to the borough for signature within one year ar this approval vvill be
.
void.
~hen signed by an authorized o~cial of the borough, the plat must be filed vvith the appropriate
district recorder within five working days by the borough or the surveyor who prepared the plat.
~ ~~
Mar~ ll
Platting 4ff cer
N4TARY ACKNOWLEDGEMENT;
,~~~~ ~ _
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~~~~
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C~3~'' ~~ ~~~~~'`~~ _ .
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,
Subscribed and sworn before me this day of 2004.
Notary Public for State of Alask
My Commission Expires: ~ ~(p ~ 4~
Nt~"AR'Y PUBLIC
s~a~ oF a~as~-
MARlA ~. SWEPPY
DALE BAG LEY
MAYOR
SURVEY FIRM HAS BEEN ADVISED OF ADDITIONAL REQUIREMENTS, IF ANY, TO
BE CONIl'LIED WITH PRI~R T4 FILING PLAT ~1VITH DISTRICT RECORDER.
•
1 1
11,11
US Ar~ly' COr'p3
of Engineers
Alaska District ~
Regulatory Branch (1145b7
105 Trading Bay Road, Suite 105
Kenai, Alaska 99611-7717
~ ~
Date: April 16, 2004
Identification Nd: SPN 2004-04
In reply, refer to the above
Identification No.
SPECIAL PUBLIC NOTICE No. 2004-04
GENERAL PERMIT GP 2003-1
BANK STABILIZATION WITHIN THE KENAI PENINSULA BOROUGH, ALASKA
The District Engineer ~DE~, Alaska District, U.S. Army Corps of Engineers has
issued a General Permit (GP} 2003-O1 under~the authority of Section 404 of
the Clean Water Act~(Public Law 95-217, 33 U.S.C 1344 et. seq.) and Section
10 of the Rivers~and Harbors Act of 1899 (33 U.S.C. 403}, to authorize the
discharge of fill material into waters of the United States within the Kenai
Peninsula Borough (KPB} for bank stabilization activities.
In response to Special Public Notice 2003-08, dated December 18, 2003, .
proposed GP 2003-1 was revised to reflect comments submitted by local, State,
and Federal agencies, and the interested public. Based on a review of all
pertinent information, including a prepared Environmental Assessment, I have
concluded that issuance of this permit will not have more than minimal
adverse impact on the environment and is not contrary to the public interest.
As required by 40~CFR 230.7 (General Permits), attached is our Compliance
Determination for the Section 404(b)(1} Guidelines.
The GP authorizes the placement of dredqed and/or fill material into waters
of the U.S. for the purpose of stabilizing eroding river banks and lake .
shorelines; and, when relevant to this purpose, the following:
1. The excavation/dredqing in Section 10 (Navigable) waters of the U.S.,
related to specific stabilization and restoration techniques (e.g., trenches
~for root wads and fans, shallow trenches to partially bury a coir logs,
excavating a bench slightly down and into the slope for brush layering,
etc.}; and/or,
~2., The return water from contained disposal areas ~temporary and permanent~
when dredged material originates from Section 14 ~Navigable~ waters of the
U.S.
Activities not authorized under the GP include:.
l. The permanent placement of any excess excavated/dredged material into
waters of the U.S., including wetlands;
2. Fills angled beyond a parallel plane with the project's bank or
shoreline; and,
3. Projects located in coastal areas/marine waters.
The ac~tivites excluded from GP coverage would be subject to other established
permit evaluation procudures available to the Alaska District, U.S. Army~
Corps of Engineers.
All authorized activities must be in accordance with the conditions of the
GP, a copy of which, is attached. Failure to comply with the terms and
conditions of the permit could result in suspension, modification or
~evocation of the permit, and/or imposition of penalties as provided by law.
The discharge of dredged and./or fill material authorized under this GP may
not be undertaken and completed without prior notification to the Corps of
Engineers. As stated under the GP's "Authorization Procedure" (beginning on
page 4), a notification of intended activity is required for all proposed
projects. ~
If the proposed work does not meet the GP's terms and conditions, the GP does
not apply and the applicant will be required to apply for a different form of
authorization.
GP 2003-1 would be valid for a period of five years effective the date of the
signature shown on the last page of the permit. The DE may at any time
during this five-year period, alter, modify, suspend, or revoke this permit
if he deems such action to be in the public interest.
Any questions or requests for additional information should be directed to:
Alaska District, Corps of Engineers, ATTN: Mr. Dave Casey, Regulatory
Branch., Post Office Box 68y~, Elmendorf A~~, Alaska 99506-68y8• phone (907)
283-3519, or toll free within Alaska ~800) 478-2712.
District Engineer
~ U.S. Army Corps of Engineers
Attachment
GENERAL PERMIT 2003-1
Under the authority of Section 404 of the Clean Water Act (Public Law 95-217, 33 U.S.C 1344 et, seq.},
and Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403) the Secretary of the Army,
authorizes ti~e placement of dredged and fill materia{ into waters of the United States (U.S.) for the
purpose of bank stabilization within the Kenai.Peninsula Borough, Alaska. `
This General .Permit 2003-1(GP} is valid for a period of five years from the date of issuance. The District
Engineer ~DE} of the Alaska District, Corps of Engineers (Corps) may, at any time during this period, alter,
modify, or revoke the permit if he deems such action to be in the public interest.
AUTHORIZED ACTiVITIES:
The GP authorizes the placement of dredged andlor fill mate~ial into waters of the U.S. for the purpose of
stabilizing eroding river banks and lake shorelines; and, when relevant to this purpose the following:
1. The excavationldredging in Section 10 (Navigable) waters of the U.S., related to specific
stabilization and restoration techniques (e.g.~, trenches for root wads and fans, shallow trenches to
partially bury a coir logs, excavating a bench slightly down and into the slope for brush layering, etc.);
and/or,
2. The re,~urn water from contained disposal areas (temporary and permanent} when dredged
material originates from Section 1 Q(Navigable) waters of the U.S.' .
ACTIVITIES NOT AUTHORIZED UNDER THE GP:
1. The permanent pfacement of any excess excavated/dredged materiai into waters of the U.S., including
wetlands;
2. Fills angled beyond a paralfe{ plane with the pro}ect's bank or shoreline;
~; Proje~ts I~c~~~~ in ~~ast~~ ~reas 1 m~r~~e ~,~at~rs.
TIME PERIOD TO COMPLETE PROJECTS AND PROJECT TIME EXTENSIONS:
The permittee has two years from the date of the DE's verification letter to construct the project unless the
verification letter is dated within the iast 24 months (the 4th and 5th years) of the authorization.
Verifications made within the last two years of the GP's expiration date shall expire with the GP. ~
lf any permittee requires additionai time, a requesf may be made to the DE and so long as the work is
underway, the DE will grant up to 12 months of additional time to complete the project. The permittee's
request for a time extension should .be made at least 30 days prior to their relevant expiration date.
PR~JECT MODIFlCATIONS:
If changes to the verified project's~ plans or location of the work are necessary for any reason, revised
plans should be submitted ~o the DE promptly. Federal law requires approval before construction is
begun; if the changes are unobjectionable, approval will be issued without delay.
tNSPECTION:
The DE, or his designated representative, may inspect sites of authorized work to determine that the work
is being, or has been, performed in conformance with the terms and conditions of this GP. In the event
that work is not being, or has not been, performed in compliance with this GP, appropriate measures shall
' The return water from a contained disposal area is administrativefy defined as a discharge of dredged
materiaf by 33 CFR 323.2(d), even though when the disposal itself occurs on an upland and daes not
require a Section 404 permit. This satisfies the technical requirement for a Section 404 permit for the
return water since the quality of the return water is controlled by the State of Alaska through the Section
401 certification procedures. ~
1 of 5
,
be taken to resolve the violation, potentially including a requirement to obtain an individual permit, even
though others in the same area are not required to do so.
GENERAL CONDITIONS:
All activities identified and authorized by this permit shall be consis#ent with the following conditions:
1. All work shall occur when the work area is compietely dewatered (i.e. during periods of Iow water).
2. No equipment shall operate or work in any flowing or standing water.
3. For spruce-tree revetment projects that deferiorate or are no longer viable, all visible cables and
anchors that remain below the OHWM (or high tide line (HTL} in tidal waters) shall be removed.
4. The temporary storage of any necessary excavated material shall be located above the OHWM ~or
HTL in tidal waters) and shall be managed to prevent erosion of the material. Any excess excavated
materiaf shali be permanently disposed at a Corps approved disposal site.
~
5. Unsuitable materia~ shall not be used. This includes but is not limited to trash, metal debris, car bodies,
overburden material, woodwaste and asphalt. Material used for construction or discharged must also be
free from toxic pollu~ants in toxic amounts defined by Alaska State Law and the Toxic Pollutants List in
Section 307 of the Clean Water Act.
6. The wooden portions of any project shall not be treated with any preservative containing creosote or
pentachlorophenol.
7. Your use of the permitted activity must not interfere with the public's right to free navigation on all
navigable waters of the United States.
8, You must install and maintai~n, at your expense, any safety lights and signals prescribed by the United
States Coast Guard ~USCG}, through regulations or otherwise, on your authorized facilities. The USCG
may be reached at the following address and telephone number: Commander (oan},17th Coast Guard
District, P.O. Box 25517, Juneau, Alaska 99802, (907) 463-2269.
9. The permittee understands and agrees that, if future operations by the United States require the
removal, relocation, or other alteration, of the structure or work herein authorized, or if, in the opinion of
the Secretary af the Army or his authorized representative, said structure or work shall cause
unreasonable obstruction to the free navigation of the navigable waters, the permittee will be required,
upon due notice from the Corps of Engineers, to remove, relocate, or alter the structural work or
obstructions caused thereby, without expense to the United States. No claim shall be made against the
United States on account of any such remova! or alteration.
10. The proposed activity shall not adversely affect any designated critical habit~at or species iisted as
threatened or endangered under the Endangered~ Species Act o~ 1973, as amended. In addition, the
proposed activity shail not jeopardize the continued existence of any proposed species or result in the
destruction or adverse modification of proposed critical habitat. ~
11. You must maintain the lands and facilities subject to this GP in good condition and in conformance
with the terms and conditions of this permit. You are not relieved of this requirement if you abandon the
permitted activity, although you may make a good faith transfer to a third party in compliance with
General Condition 12 below. Should you wish tvi cease ta maintain the authorized activity or should you
des~re to abandon it without a good faith transfer, you must obtain app~roval frorri this office, which may
require restoration of the area.
12. If you sell the property associated with your GP, you, must obtain the signature of the new property
owner, along with~appropriate documentation to record the transaction, and submit them to this office to
validate the transfer of this authorization.
2of5
13. If you discover any previausly unknown historic or archeological remains while accomplishing the
activity authorized by this GP, you must immediately notify this office, and the Stafe Historic Preservation
Office of what you have found. The Corps will initiate the Federaf and State coordination required to
determine if the remains warrant a recovery effort or if the site is eligible for listing in the National Register
of Historic Places.
14. You must comply with the conditions specified in the state 401 water quality certification assaciated
with this GP. For your convenience, a copy of the certification is attached to the GP. ~
PENALTIES FOR VIOLATIONS:
All work performed shall be in compliance with the terms and conditions of this GP. Failure to comply
with the terms and conditions of this GP may result in suspension of the work, revocation of the permit,
ordered removal of dredged and/or fil! material or other structures, restoration of waters andlor wetlands,
andlor imposition of penalties as provided by law.
The discharge of dredged andlor fill material not in accordance with the terms and conditians of this GP is
a violation of:
1. Section 301 of the Clean Water Act (33 U.S.C.1319} and upon conviction thereof is punishable, in
accordance with Section 309 of the Clean Water Act (33 U.S.C.1319}, by a fine of not less than $2,500,
nor more than $25,000, per day of violation, or by imprisonment of not more than one year, ar both. That
individual is also subject to a civil penalty not to exceed $25,000 per day of the violation; andlor,
2. Section 12 of the Rivers and Harbors Act (33 UCS 406) providing penalties of not less than $540, and
not more than $2,500, per day of violation or by imprisonment of up to one year, or both.
LIMITS OF THIS AUTH~RIZATION:
1. This per~r~f ~~~s nvt Q~vi~te the need to obtain other Federal, state, or local authorizations required by
law. ~
2. This permit does not grant any property rights or exclusive privileges.
3. This permit does not authorize any injury to the property or rights of others.
4. This permit does not authorize interference with any existing or proposed Federal Project.
LIMITS OF FEDERAL LIABILITY: ~
In issuing this permit, the Federal Government does not assume any liability for the following:
1. Damages to the permitted project or uses thereof as a result of other permitted or unpermitted
activities or from naturaf causes.
2. Damages to the permitted project or uses thereof as a result of current or future activities undertaken
by or on behalf of the U.S. in the public interest. ~
3. Damages to persons, property, or to other permitted or unpermitted activities or structures caused by
the activity authorized by this permit.
, .
4. Design or construction deficiencies associated with the permitted work.
5. Damage claims associated with any ~uture modification, suspension, or revocation of this permit.
3of5
AUTH~RIZATI4N PROCEDURE:
A notification of intended activity is required for all proposed projects2. The notification must include the
following information3:
1) The name address and telephone number of the project proponent; .
2} The project location; ~
3} Brief description of the proposed project and the project's purpose;
4} A map and plans, including plan view and cross-section view of the project, depicting the stabilization
method(s}. Plan drawings need to show the location of the waterbody, the ordinary high water mark
(OHWM) or Mean High Water (MHW} and High Tide Line (HTL} for tidal waters on the cross-section view,
and location of any temporary stockpile areas and/or permanent overburden fills; and,
5} Photographs or any other information that would verify that the proposed work meets the conditions of
the GP. ~
6} All applicants with projects on riverine or lacustrine systems that propose a non-bioengineered design
shalf also provide an alternative analysis consisting of bioengineered methods which were considered
and rational as to why these alternatives are not the applicant's preferred alternative.
7} All persons proposing activities in legislatively designated special areas must present proof of
application for a Special Area Permit from ADF&G. Applicable legislatively designated special areas
located in whole or part within the Kenai Peninsula Borough include the following State Game Refuges
(SGR), Critical Habitat Areas (CHA) and Sanctuaries; Homer Airport CHA, Anchor River and Fritz Creek
CHA, Fox River flats CHA, Kalgin Island CHA, McNeil River SGR, McNeil River State Game Sanctuary,
Redoubt Bay CHA, Trading Bay SGR, and Susitna Flats SGR.
The Corps will provide a pre-construction notification (PCN) to the Local, State, and Federal resource
agencies when the proposal includes:
A. More than 250 Iinear feet, or greater than 1 cubic yard per linear foat of fill; or,
B. Methods and techniques, not contained in Streambank Revegetation and Protection: A Guide for
Alaska (Mulberg and Moore,1998) to include, revisions made to this source; or, ~
~ C. Vegetated cribbing.
Additionally, based on the DE's discretion, a PCN will be sent for any proposal that merits one.
For proposals requiring a PCN, resource agencies shall be given 10 calendar days, from the date of the ~
Corps' facsimile, to send comments~. During this time, an agency may request and be granted 15
additional cafendar days to provide substantive, site-specific written comments. When an agency
chooses not to comment on a PCN, the Corps will interpret this to mean the agency has no objections to
~ the proposal.
Or alfernatively, for all projects that fall under this general permit that are not part of a USFWS funded
program and that do not require circulation of a PCN shall be sent to the State Historic Preservation
Qffice (SHPO} for a cultural resources review and comment. The comment period wifl be 10 days and will
include the option of requesting a ten day extension. If comments are not received by the DE within this
timeframe, the DE may issue the general permit. If the DE and SHPa agree to a different programmatic
approach that provides the same or greater level of assurance that archeological and historic sites will be
appropriately identified, the agreed upon process will supersede this requirement.
When a resource agency raises a concern over a praposal, the DE wif{ discuss the concern with the
commenting agency, fully consider the matter and document, in the associated proposal's administrative
record, how the resource agencies' concerns were considered. .
2 Mailing instructions can be obtained by calling the Corps at (907} 753-2712 or (907} 283-3519.
~ As an alternative an applicant may elect to submit either the Kenai River Center's Multi-Agency Permit
Application or application form, ENG Form 4345, Jul 97.
4 of 5
EVALUATION CRITERIA USED FOR PROJECT VERIFICATIDNS:
In reviewing ail proposed projects for this GP, the DE will determine whether or not the proposal:
1}!s consistent with the GP; and,
2~ Will result in more than minimal individual or cumulative adverse environmental effects~ and
, ,
3} Is contrary to the public interest. ~
A~ter this determin~tion is made, the DE will notify the applicant in writin to verif the ro osal if
g y p p e her
qualifies for the GP, which may include special conditions necessary to avoid and minimize impacts to the
aquatic environment, or i# does not qualify for the GP and standard individual ermit is re uired.
P q
Should a standard individual permit be required, the DE wil! publish a public notice in accordance with 33
CFR Part 325.3(d).
REEVALUATION OF PERMIT DEClSfON:
.~ The Corp~ may reevaluate its decision to verify a GP authorization to any permit#ee at any time the
circumstances warrant. Circumstances that could require a reevaluation include, but are not limi#ed to,
the following: .
1. The permittee fails to comply with the terms and conditions of this permit.
2. The information provided by the permittee in support of #he application proves to have been false,
incomplete or inaccurate.
3. Substantial new information surfaces, which this office di~ not consider in reaching the original public
interest determination.
A reevaluation may result in a determination tha~ it is app~ opriate to use the suspension, modification, and
revocation procedures contained in 33 CFR 325.7 or enforcement procedures such as those contained in
33 CFR 326.4 and 326.5. The referenced enforcement procedures provide for the issuance of an
administrative order requiring you to comply with the terms and conditions of your permit and for the
in~tiat~on of ~egal action where approprrate. You will be required to pay for any corrective measures
ordered by this office, and if you fail to comply with such directive, this office may in certain situations
(such as those specified in 33 CFR 209.170} accomplish the corrective measures by contract or
otherwise and bill you far the cost. .
MODIFICATION REVOCATfON AND EXTENSIDN OF THE GENERAL PERMIT:
Should, at any time, the DE determine that the individual or cumulative effects of the activities authorized
herein are having an unacceptable adverse effect upon the public interest, the DE ma modi or revoke
this GP with the issuan ' ~ y ~
ce of a Pubf~c Notice. Should the DE revoke the GP; all new applications will be
evaluated under other available permit application review pracedures. The DE will also decide on a case-
by-case basis if pr~or GP verif~cations should be revoked, suspended, or modified.
The DE, during the fifth year of the GP, wifl review the GP along with the work verified under it ~n order to
determine if the GP should be modffied, extended, ar discontinued.
FOR THE ISTRICT ENGINEER:
~ .
- ~...
William A. Keller, Chief
South Section ~
Regulatory 6ranch
Afaska District, U.S. Army Corps of Engineers
~z o .
Date
5 of 5
' , . .. .
~ ,
~ STATE UF ALASKA
DEPARTMENT OF EI~VIRUN]~VIENTAL CONSERVATI~N
CERTIFICATE UF REAS(JNABLE ASSURA,NCE
A Certificate of Reasonable Assurance, in accordance with Section 401 of the federal Clean Water Act
and the Alaska Water Quality Standards, is issued to the U.S. Army Corps of Engineers, Alaska
District, Regulatory Branch,105 Trading Bay Road, Suite 105, Kenai, Alaska 99611, for the proposed
Generai Permit GP 2003-01, for ba~nk stabilization within the Kenai Peninsula Borough, Alaska. The ,
objective of the GP is to expedite the permitting process, focus attention to designs which have a
greater potentiai to harm the environment, and allow the Corps to better allocate regional resources.
The GP will authorize th~ pl~acer~ie~t of dredged ~o~ fill ma±er~ai, under specified conditi~ns, into th~
waters of the U.S. for the purpose of stabilizing e~odin~ river banks and lake shorelines.
The proposed general permit wi11 cover the entire Kenai Peninsula Borough, in southcentral Alaska.
} Public notice of the application for this certification was given as required by 18 AAC 15.180.
. Water Quality Certification is required under Section 401 because proposed activities v~ill be
authorized by Corps of Engineers General Permit GP 2003-01, and a discharge ma~ resuit from the
proposed activity.
Having reviewed the application and comments received in response to the public notice, the Alaska
Department of Environmental Conservation certifies that there is reasonable assurance that the
proposed general permit, as well as any discharge which may result, will comply with applicable
provisions of Section 401 of the Clean Water Act and the Alaska Water Quality Standards,l8 AAC 70,
provided that the fo?Iowing alternative measure is adhered to.
l. Materials such as sorbent pads and spill containment apparatus. shall be available on-site, and
shall be used to contain and cleanup any petroleum product spilled as a result of cons~ruction
activity.
Date ~ ~
G:IAWQIciericallTrumfeltlGeneral Permit gp 20(}3-OI Kenai
~
Tim ;~umfelt
Environmental Specialist
~ ~
ALASKA COASTAL I~ZANAGEMENT PR4G~
FINAL CONSISTENCY RESPONSE
CONCURRENCE
DAT~ ISSUED: MARCH 23, 2004 ~
PROJECT TITLE: PROPOSED GENERAL PERMIT 2003-0~, KPB BANK STABILIZATION
ACTIVITIES
STATE ID. No.: AK 0312-15AA
AFFECTED COASTAL RESOURCE DISTRICT(S~: KENAI PENINSULA BOROUGH
~ROJECT ~ESCRIPTION: Except for the water quality issues addressed through the DEC 401
Certification process, the activity subj ect to this consistency review is the proposed issuance of
General Permit (GP) 2003-01(as described in the 4te draft and modifed as noted in bold
below) for the discharge of fill material into waters of the United States within the Kenai
Peninsula Borough (KPB} for bank stabilization activities. The obj ective of the GP authorization
is to: 1. Expedite the permitting process by relieving the regulatory burden of a re-construction
p
notice on applicants proposing sound bioengineered designs; 2. Focus attention to those ~
s~ab~Iizatia~ de~~~rs ~l~uc~l have a g~eater po~e~tx~~ ~o ~arm ~e a~ua~ic environment by requiring
a Pre-Construction Notification (PC'N} in order to determine if the proposal qualifies for the GP
or requires an individual permit; and 3. Allow the Department Engineer (DE) to better allocate
regional resources towards projects having greater potential to harm the aquatic environment.
The dra~ proposed GP includes authorized activities, general conditions and authorization
procedures, and would be valid for a period of five years from. the date of issuance. The proposed
GP would apply to the entire Kenai Peninsula Borough. .
The 4tb draft of the General Permit is further modified as follows:
~"ACTIVITIES NOT AUTHORIZED UNDER THE GP"
~
~ # ~: Projec~;~ocated in ~~oastal areas/marine w~a.~ers.
THE FOLLOWING ALTERNATIVE MEASURES HAVE BEEN IN~ORPORATED INTO THE PROJECT Y
PRUPOSAL BY THE I~.S. A-RNIY CORPS OF EnGINEERS (CUE~:
1. All persons proposing activities in legislatively designated special areas must present
praof of application for a Special Area Permit from ADF&G. A licable
pp
legislatively desigriated special areas Iocated in whole or part within the Kenai
Peninsula Borough include the following State Game Refuges (SGR), Critical Habitat
Areas (CHA} and Sanctuaries; Homer A,irport CHA, Anchor River and Fritz Creek
CHA, Fox River flats CHA, Kalgin Island CHA, NcNeil River SGR, NcNeil River
State Game Sanctuary, Redoubt Bay CHA, Trading Bay SGR, and Susitna Flats SGR.
2. AlI pro3ects that fall under this ge~eral permit ~hat are not ~art of a USFWS funded
program and that do not require circulation of a PCN shall be sent to the State
Historic Preservation Office (SHPO) for a cultural resources review and comment.
The comment period will be 10 days and will include the option of requesting a ten
day extension. If comments are not received by the U.S. Army Corps of Engineers
(COE) ~vithin this timeframe, the COE may issue the general permit. If the COE and
SHPO agree to a different programmatic approach that provides the same or greater
level of assurance that archeological and historic sites wila be appropriately identified,
the agreed upon process will supersede this requirementl
CONSISTENCY STATEMENT: OPMP concurs with the consistency determination submitted by the
U.S. Army Corps of Engineers. .
AUTHORIZATIONS: State agencies shall issue the following authorizations within five days a~er
OPMP issues the final consistency determination that ca~curs with the applicant's consistency
cer~ificat~on, ~nless ~ the resource agency considers additio~~l ~time to b~ necessary~ to ~~ulfill its
statutory or, regulatory authority. ~ ~ ~
Alaska Department of Environmental Conservation (DEC)
Certificate of Reasonable Assurance (401 }
DEC will review any activities subj ect to DEC pernuts, certifications, approvals, and
authorizations for consistency with 6AAC 80.140. The issuance of the permits, certifications,
approvals, and authorizations by DEC establishes consistency with 6AAC 80.140 for those
specific activities.
Please note that, irr addition to their consistency review, Sta.te agencies with permitting
responsibilities will evaluate this proposed project according to their specific permitting
au~horities. Agencies will issue perrnits and authorizations only if tl~ey ~ind the propos~ed project
camplies with their s~atutes and regulations in addition to being consistent with the coastal
program. An agency permit or authorization may be denied even though the State concurs with
the ACMP. Authorities outside the ACMP may result in additional permit/lease conditions. If a
requirement set out in the project description (per 6AAC 54.265} is more or less restrictive than a
similar requirement in a resource agency authorization, the applicant shall comply with the more
restrictive requirement. Applicants may not use any State land or water without DNR
~~uthorization.
APPEAL: This final consistency response is a final adminis~rative order and decision under the
ACMP and ~for purposes of Alaska Appellate Rules 601-612. Any appeal from this decision to
the superior court of Alaska must be made within thirty (30} days of the date this determination
is issued. ~
ADVISORIES:
DNR Division of Mining Land and Water has provided the following advisory:
• Please be advised that any use of state owned land managed by the Department of
~ Natural Resources, Division of Mining, Land and ~ater (DNRIDMLW} may require a
land use authorization and a separate public noti~catian~process. This includes use of
~ state owned uplands, tidelands or submerged lands. Applicants are responsible to
ascertain whether their proposed project or activity is located on state Iand and whether
an authorization is required from DNR. Applicants are also advised that unauthorized
use of state land, tide or submerged land, water or rnaterials is sub'ect to tres ass action
J p
by the State. Applicants should contact the DNR Public Information Center at 550 W.
7`~ Avenue, Suite 1260; Anchora e, AK 99501-3564 or call 907 269-8499 to confirm
g C )
whether their project is located on state land.
Placing riprap or other suitable bank stabilization material. to prevent erosion of a
contiguous privately owned upland parcel if no more than one cubic yard of material
per running foot is placed onto state shoreland and the project is otherwise within the
scope of the U.S. Corps of Engineers nationwide permit on bank stabilization is
considered a generally allow use by DNR/DMLW and, as such, re uires no
. 9
DNR/DMLW authorization. ~Iote: DNR/DMLW has not determined if the general
permit substitutes for a nationwide permit in this definition of a enerall~ allowed use.
g Y
Applicants are advised to contact DNRIDMLW to determine whether authorization is
required. ,
Please be advised tha~ although OPMP concurs with your determination that the proj ect is
consistent to the maximum extent practicable with the ACMP, the COE is still re uired to meet
q
all applicable State and federa~ laws and regulations. Your consistency ~inding may include
reference to specific laws and regulations, but this in no way precludes ~ie COE's responsibility
to comply with other applicable laws and regulations.
If ~he proposed activities reveal cultural or paleontological resaurces, lease sto an work that
p p Y
would disturb such resources and immediately contact the State Historic Preservation Office
~; (907-269-8720) so tha~ consultation per section 106 of the National Historic Preservation Act
rnay proceed.
Final Consistency Determination Prepared By:
. Susan E. Magee, Project Review Supervisor
550 W. 7th Avenue, Suite 1660
Anchorage, AI~ 99501
(907) 269-7472 ~
.~
Susan E.1Vlagee ~
3- ~ ~~ ~ ~ ~
Date ~
GP 2003-1 Bank Stabilization within the Kenai Peninsula Borouqh, Alaska
Compliance Determination for the Section 404(b~1 Guidelines
~40 CFR 230.7 General Permits}
, .
I. Section 230.10 (Restrictions on Discharge) Evaluation: [An * is marked above the answer
that would indicate noncompliance with the~ guidelines. No * marked signifies the question
does not relate compliance or noncompliance with the guidelines. An "X" simply marks the
~ answer to the question posed.]
A. Alternative Test:
(i} Based on the discussion in I1.2., are fh'ere
available, practicable alternatives having less
adverse impact on the aquatic ecosystem and
without other significant adverseaenvironmental
consequences that do not invofve discharges
into "waters of the United States" or at other *
locations within these waters?
X
YES NO
(ii} Based 11.2., if the project is in a special aquatic
site and is not water dependent, has the
applicant clearly demonstrated that there are no *
practic~ble alternative s~tes availabfe?
~
YES NO
, B. Special Restriction: Wiq the discharge:
(i) Violate state water quality standards? *
X
YES NO
(ii) Violate toxic effluent standards [under Section *
307] of the Clean Water Act?
X
YES NO
(iii) Jeopardize endangered or threatened species *
or their critical habitat?
X
YES NO
(iv} Violate standards set by the Department of *,
Commerce to protect marine sanctuaries?
X
YES NO
(v) Evaluation of the information in 11.3. and 11.4.
above, indicates that the proposed discharge *
material meets the testing exclusion cri~eria for X
-~ the following reasons: YES NO
. [x] Based on the abo;ve information, the material is not a
carrier of contaminants.
[ J The levels of contaminants are substantially similar at
the extraction and disposaf sites and the discharge is
not likely to result in degradation of the disposal site
and pollutants wi~l not be transported to less
contaminated areas.
~[) Acceptable~,constraints are available and will be
~ implemented to reduce contamination to acceptable
levels within the disposal site and prevent
contaminants from being transported beyond the
boundaries of the disposal site.
C. 4ther restrictions: Will the discharge contribute to significant degradation of
"waters of the U.S." through aduerse impacts to:
.(i) Human health or welfare, through polf ution of *
municipal water supplies, fish, shellfish, wildlife
andlor special aquatic sites? X
YES NO
(ii) Life stages of aquatic life and/or wildlife? *
~rv}
X
YES NO
Diversity, productivity and stability of the aquatic
life and other wildlife? Or wildlife habitat or loss
of the capacity of wetlands to assimilate *
nutrients, purify water or reduce wave energy?
.
Recreational, aesthetic and/or economic
values? ~
, D. Actions to minimize potential adverse impacts
[mitigation]? Will all appropriate and practicable steps
[40 CFR 230.70-77] be taken to minimize adverse
impacts of the discharge on the aquatic ecosystem?
X
YES NO
*
~X
YES NO
*
X
YES NO
II. Section 230.7(a) Evaluation: [An * is marked above the answer that would indicafe
noncompliance with the guidelines. No * marked signifies the question does not relate
~, compliance or noncompliance with the guidelines. An "X" simply marks the answer to the
question posed.]
A. Section 230.7(a}(1 }: Will the activities in such category *
are similar in nature and similar in their impact upon water
quality and the aquatic environment? X _
YES NO
- B. Section 230.7~a~(2): Will the activities in such category ~
will have only minimal adverse effects when performed
separately? X _
YES NO
C. Section 230.7(a}(3): Wilr the activities in such cat~gory *
will have only minimal cumulative adverse effects on water
quality and the aquatic environment? X
-
~ YES NO
~
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