HomeMy WebLinkAbout2004-09-08 Planning & Zoning Packet CITY OF KENAI
PLANNING & ZONING COMMISSION
AGENDA
CITY COUNCIL CHAMBERS
September 8, 2004- 7:00 p.m.
le
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.
e
*APPROVAL OF MINUTES'
a. *August 11, 2004
3. SCHEDULED PUBLIC COMMENT:
4. CONSIDERATION OF PLATS'
5. PUBLIC HEARINGS'
e
OLD BUSINESS:
a. Amendment of KMC 14.20.240- Mobile Homes- KMC 14.20.320- (b) Specific
Definitions - Mobile Home, Manufactured Housing, Modular Home- Discussion/Set
Public Heating
e
NEW BUSINESS:
a. Section 36 Public Purpose Parcels - Discussion and Recommendation to Council
b. *PZ04-38 - Transfer of Conditional Use Permit PZ97-24 (Veronica's Coffee House), 602
Petersen Way (Lot 39A, Dolchok Subdivision), Kenai, Alaska. Transfer requested by
Rebecca Lamboum & Stanley Coleman, 1506 Toyon Way, Kenai, Alaska.
8. PENDING ITEMS:
e
CODE ENFORCEMENT:
a. 2004 Pending Violations Report
10. REPORTS:
a. City Council
b. Borough Planning
c. Administration
11. PERSONS PRESENT NOT SCHEDULED'
12. INFORMATION ITEMS:
a. Zoning Bulletin (8/10/04 & 8/25/04)
b. "Planning Commissioner's Comer: Public Hearing"- The Western Planner- July/August 2004
c. Inlet Fisheries, Inc. Kenai River Center Multi-Agency Permit Application for replacing failing
Agenda Page 2
September 8, 2004
do
wood bulkhead- Comments due 9/16/04
KPB Permit for Maintenance of Wooden Bulkhead- Inlet Fisheries, Inc.
PZ04-39- Landscape/Site Plan- Russ Robinson & Ron Epperson, Espresso/Donuts/Burger
Kiosk, 419 Frontage Road
13. COMMISSION COMMENTS & QUESTIONS:
14. ADJOURNMENT:
le
CALL TO ORDER:
a. Roll Call
b. Agenda Approval
c. Consent Agenda
CITY OF KENAI
PLANNING & ZONING COMMISSION
AGENDA
CITY COUNCIL CHAMBERS
August 11, 2004 - 7:00 p.m.
e
*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.
*APPROVAL OF MINUTES:
a. *July 28, 2004
3. SCHEDULED PUBLIC COMMENT:
4. CONSIDERATION OF PLATS'
Se
PUBLIC HEARINGS'
a. PZ04-37 - Encroachment permit a side yard setback for the property known as Tract 7A, Wild
Rose Subdivision (Lot 8, Wild Rose Subdivision, Kenai River Addition), 2122 Beaver Loop
Road, Kenai, Alaska. Application submitted by Kenny Merkes, P.O. Box 572, Sterling, Alaska.
6. OLD BUSINESS:
7. NEW BUSINESS:
8. PENDING ITEMS:
9. CODE ENFORCEMENT'
10. REPORTS:
a. City Council
b. Borough Planning
c. Administration
11. PERSONS PRESENT NOT SCHEDULED'
12. INFORMATION ITEMS:
a. PZ04-24 - Landscape/Site Plan - George & Amy Bowen, Coffee Kiosk, 300 Thompson Place
b. Zoning Bulletin (7/25/04)
13. COMMISSION COMMENTS & QUESTIONS'
14. ADJOURNMENT:
CITY OF KENAI
PLANNING/h ZONING COMMISSION
CITY COUNCIL CHAMBERS
AUGUST 11, 2004 - 7:00 P.M.
CHAIR CARL GLICK, PRF~IDING
MINUTES
ITEM 1:
CALL TO ORDER
Chairman Glick called the meeting to order at approximately 7' 02 p.m.
1-a. Roll Call
Commissioners Present:
Commissioners Absent:
Others Present:
Jay Barrett, Carl Glick, Phil Bryson, Jeff Twait,
John Hammelman, Barry Eldridge, Nelson Amen
Council Member Bookey, City Clerk Freas, City Planner
Kebschull
X-bo
Agenda Approval
Administration requested the following items be added to the agenda:
ADD TO:
5a, 5/11/04 Kenny Merkes letter withdrawing PZ04-37, request for
encroachment permit, side yard setback, 2112 Beaver Loop Road, Kenai.
10a, 8/4/04 Council Meeting Action Agenda.
MOTION:
Commissioner Barrett MOVED to approve the agenda with the requested amendments
and Commissioner Bryson SECONDED the motion. There were no objections. SO
ORDERED.
1
Consent Agenda
MOTION:
Commissioner Bryson MOVED to approve the consent agenda as presented and
requested UNANIMOUS CONSENT. Commissioner Twait SECONDED the motion.
There were no objections. SO ORDERED.
ITEM 2:
APPROVAL OF MINUTES -- July 28, 2004
Approved by consent agenda.
ITEM 3:
SCHEDULED PUBLIC COMMENT-- None.
ITEM 4: CONSIDERATION OF PLATS-- None.
ITEM 5: PUBLIC HEARINGS
PZ04-37- Encroachment permit a side yard setback for the property
known as Tract 7A, Wild Rose Subdivision (Lot 8, Wild Rose Subdivision,
Kenai River Addition), 2122 Beaver Loop Road, Kenai, Alaska.
Application submitted by Kenny Merkes, P.O. Box 572, Sterling, Alaska.
Removed from agenda/applicant withdrew the encroachment permit request.
ITEM 6:
OLD BUSINESS-- None.
ITEM 7:
NEW BUSINESS -- None.
ITEM 8:
PENDING ITEMS-- None.
ITEM 9:
CODE ENFORCEMENT-- None.
ITEM 10: REPORTS
10-a. City Council. -- Council Member Bookey referred to the action agenda
added to the agenda at the beginning of the meeting. He noted, the helmet ordinance
was amended and passed.
10-b. Borough -- Commissioner Bryson reported the Borough Planning
Commission met on August 9 and noted the meeting agenda was included in the
packet. He noted there were two issues specific to City of Kenai; a time extension
request for Kay Lynn Subdivision and plat review of Wild Rose Subdivision on Beaver
Loop. He added, the waiver request to the Plat Committee related to lot-to-depth ratio
and applied to this plat and another. Bryson stated the Wild Rose request was
approved.
10-c. Administration -- City Planner Kebschull reported the following:
· She received an earlier message from Commissioner Hammelman who
stated he would not be able to attend the meeting sorry he missed the last meeting.
He also passed along he was in favor of the RV issues discussed and tabled at the July
14 meeting. Kebschull added, Administration is still reviewing and deciding what
information can be provided related to modular homes.
· Kay Lynn Subdivision is one of the last subdivisions issued a building
permit based on a preliminary plat. The owner of the subdivision has been notified
they are in violation of the zoning code and they are working with their engineer to get
that issue resolved. (She noted, upon the opinion of the City Attorney, the city no
longer issues building permits based on preliminary plats because individuals will
acquire the building permit and then not file the plat, resulting in an illegal structure.)
The City Attorney believes the new owner of the One-Stop at Thompson
Park is subject to the original landscaping requirements, however because the work
had already taken place, it was felt it is not appropriate to hold the issue to a higher
standard than current code requirements and to consider it a new structure.
PLANNING & ZONING COMMISSION MEETING
AUGUST 11, 2004
PAGE 2
Kebschull added, she did notify the owner no new construction or landscaping,
clearing, etc. they would be required to review and meet their original landscaping
plan. The property owner behind the One Stop is also aware of the issue.
· She traveled to Anchorage with the Airport Manager to meet with FAA
and Dowl Engineers, and negotiated for the second phase of the Airport Supplemental
Plan. Council will receive a copy of the Plan in the near future.
Received an email from the City Attorney indicating council has
requested the Commission to consider development of a new mixed-use zone with
specific uses to allow limited commercial (professional offices and businesses). Bookey
noted, the request came through discussions related to the development of Lawton
Acres and the issue would come to the Commission for its input. Kebschull noted, the
new Comprehensive Plan discusses a neighborhood commercial zone which would be
used in developing a city light commercial zone.
ITEM 11:
PERSONS PRESENT }lOT SCHEDULED -- None.
ITEM 12:
INFORMATION ITEMS
12-a.
12-b.
PZ04-24 - Landscape/Site Plan- George & Amy Bowen, Coffee Kiosk,
300 Thompson Place
Zoning Bulletin (7/25/04)
ITEM 13:
COMMISSION COMMENTS & QUESTIONS
Barrett requested an update on the Jones matter. Kebschull reported no
appeal had been filed as Jones indicated he would move the structure to meet the side
setback and will meet the original encroachment granted by the Board of Adjustment
and end up with an approximate eight foot rear setback. A building permit will be
issued.
Bryson reported on the Borough developing the Birch & Grouse Subdivision in
Cooper Landing.
ITEM 14:
ADJOURNMENT
MOTION:
Council Member Barrett MOVED to adjourn and Commissioner Bryson SECONDED
the motion. There were no objections. SO ORDERED.
The meeting adjourned at approximately 7:17 p.m.
Minutes transcribed and prepared by:
Carol L. Freas, City Clerk
PLANNING & ZONING COMMISSION MEETING
AUGUST 11, 2004
PAGE 3
210 Fid~lgo Avenue, K~n~i, AI~$R~ ~§611-77~4
Telephone: 907-283-7535 / FAX: 907-283-3014 ~!{!~[.~
MEMO:
TO:
Planning & Zoning Commission
FROM:
Marilyn Kebschull, Planning Administration
DATE:
August 25, 2004
SUBJECT:
Amendment of KMC 14.20.240 - Mobile Homes
KMC 14.20.320 - (b) Specific Definitions - Modular Home
In February, the Commission reviewed a draft ordinance amending KMC 14.20.240 that
would have restricted modular homes to the Rural Residential zone. In addition, the
amendment would have amended the definition of modular home. A copy of that draft is
attached. The Commission decided not to proceed with a public heating and asked that
administration review the City's code and definitions for manufactured housing and
mobile homes.
The City of Kenai zoning code restricts mobile homes in the city except in mobile home
parks. The code reads as follows:
14.20.240 Mobile homes.
(a) No mobile homes may be installed for use in the City of Kenai for public,
commercial, or assembly purposes after the effective date of this ordinance.
(b) No mobile home may be stored outside in the City of Kenai in a residential-
zoned area after the effective date of this ordinance.
(c) Mobile homes for residential use may be established only in mobile home
parks as permitted in the Land Use Table.
(d) Mobile homes which were installed prior to the effective date of this
ordinance in conformance with applicable building code regulations in areas
where now prohibited and used for residential purposes or stored outside may
have such use continued indefinitely, except that such trailers shall not be
replaced if destroyed or removed.
(e) Mobile homes utilized on bona fide construction sites for offices, storage, or
other such purposes may be so used anywhere within the City Limits on the
Amendment of KMC 14.20.240 - Mobile Homes
KMC 14.20.320 - (b) Specific Definitions - Modular Home
Page 2
construction job they serve, but shall be removed immediately upon
completion of said construction.
(f) Manufactured and modular homes as defined are exempt from this subsection.
Mobile homes are defined in KMC 14.20.320 (b) as'
"Mobile home" means a structure, transportable in one (1) or more sections,
which is built on a permanent chassis in accordance with Department of Housing
and Urban Development Standards contained in Code of Federal Regulations
Title 24, Chapter 20, and designed to be used as a dwelling unit, with or without a
permanent foundation when connected to the required utilities. A mobile home is
subject to all regulations applying thereto, whether or not wheels, axles, hitch or
other appurtenances of mobility are removed and regardless of the nature of the
foundation provided.
Manufactured homes are not restricted within the City of Kenai and are issued residential
building permits. Manufactured homes are defined in KMC 14.20.320 (b) as'
"Manufactured housing" means a dwelling unit that meets Department of Housing
and Urban Development Standards for manufactured housing and is wider than
sixteen (16) feet, has a roof pitch of 4:12 or greater with shingles and siding
common to standard residential construction and is moved on the highway by a
licensed commercial trailer and placed on a permanent foundation.
The Building Official and I have reviewed the City's definitions and those used by the
US Department of Housing and Urban Development (HUD). Since 1974, HUD has
overseen the Federal Manufactured Housing Program. In 1980 HUD changed the name
for mObile homes from mobile home to manufactured home. This may cause confusion
with the City's definition for "manufactured housing."
It is recommended that the Commission consider amending KMC 14.20.320 (b) to
modify the City's definitions to clarify the definitions for mobile, modular, and
manufactured homes (housing). The following amendments are suggested:
"Mobile home" means a structure, which is built on a permanent chassis in
accordance with Department of Housing and Urban Development Standards
[CONTAINED IN CODE OF FEDERAL REGULATIONS TITLE 24,
CHAPTER 20] and designed to be used as a dwelling unit, with or without a
permanent foundation when connected to the required utilities. A mobile home is
subject to all regulations applying thereto, whether or not wheels, axles, hitch or
other appurtenances of mobility are removed and regardless of the nature of the
foundation provided.
"Manufactured housing" means a dwelling unit that meets Department of Housing
and Urban Development Standards for manufactured housing and is wider than
sixteen (16) feet, has a roof pitch of 4:12 or greater with [SHINGLES] roofing
Amendment of KMC 14.20.240 - Mobile Homes
KMC 14.20.320 - (b) Specific Definitions - Modular Home
Page 3
and siding common to standard residential construction and is [MOVED ON THE
HIGHWAY BY A LICENSED COMMERCIAL TRAILER] transported to the
site and placed on a permanent foundation.
["MODULAR HOME" MEANS A BUILDING CONSTRUCTED AS A
PREFABRICATED OR ASSEMBLED UNIT AT A PLACE OTHER THAN
THE BUILDING SITE, IS WIDER THAN SIXTEEN (16) FEET, HAS A ROOF
PITCH OF 4:12 OR GREATER WITH SHINGLES AND SIDING COMMON
TO STANDARD RESIDENTIAL CONSTRUCTION AND IS MOVED ON
THE HIGHWAY BY A LICENSED COMMERCIAL TRAILER AND THEN
PLACED ON A PERMANENT FOUNDATION.]
"Modular home" means a dwelling constructed in modules or sections at a place
other than the building site, built to conform to Title 4 of the Kenai Municipal
Code, is transported to the site and then assembled and placed on a permanent
foundation.
DOES THE COMMISSION WANT TO SCHEDULE A PUBLIC HEARING TO
AMEND KMC 14.20.320 (b)?
Suggested by:
Planning as Zoning Commission
CITY OF KENAI
ORDINANCE NO.
-2004
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING
KMC 14.20.320(b) BY CHANGING THE DEFINITIONS OF "MOBILE HOME,"
MANUFACTURED HOUSING" AND "MODULAR HOUSING."
WHEREAS, KMC 12.20.240 regulates and restricts the use of "mobile homes" in the
Cit of Kenai; and
WHEREAS, KMC 14.20.240(f) exempts "modular home[s]" and "manufactured
housing" from the provisions of KMC 14.20.240; and
WHEREAS, the definitions of "mobile homes," "manufactured housing" and "modular
home" are in KMC 14.20.320(b); and
WHEREAS, because of recent developments in modular, manufactured and mobile
homes, the definitions of them need to be changed.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA that the definitions in KMC 14.20.320(b) are amended as follows:
Section I
Manufactured housing means a dwelling unit that meets Department of
Housing and Urban Development Standards for manufactured housing
and is wider than sixteen (16) feet, has a roof pitch of 4:12 or greater
with [SHINGLES] roofing and siding common to standard residential
construction and is [MOVED ON THE HIGHWAY BY A LICENSED
COMMERCIAL TRAILER] transported to the site and placed on a
permanent foundation.
Section 2
Mobile home means a structure, which is built on a permanent chassis
in accordance with Department of Housing and Urban Development
Standards [CONTAINED IN CODE OF FEDERAL REGULATIONS TITLE
24, CHAPTER 20] and designed to be used as a dwelling unit, with or
without a permanent foundation when connected to the required
utilities. A mobile home is subject to all regulations applying thereto,
whether or not wheels, axles, hitch or other appurtenances of mobility
are removed and regardless of the nature of the foundation provided.
Section 3
Modular home means a dwelling constructed in modules or sections at a
place other than the building site, built to conform to Title 4 of the Kenai
Municipal Code, is transported to the site and then assembled and
placed on a permanent foundation.
(The definition of "modular home"
definition above.)
is replaced in its entirely by the
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this
2004.
John J. Williams, Mayor
ATTEST:
day of~
Carol L. Freas, City Clerk
(Sheryl 8/31/04)
Introduced:
Adopted:
Effective'
CiTY OF KEN/
210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794
TELEPHONE 907-283-7535
FAX 907-283-3014 ~
1992
Memorandum
Date:
To.'
From:
August 10, 2004
Kenai Parks & Recreation Commission
Kenai Planning and Zoning Commission
Kim Howard, Assistant to City Manager
Section 36 Public Purpose Parcels
In 1980 the City received a deed from the State of Alaska that includes Borough parcel #043-
010-38, #043-010-33 and #043-010-34 in Section 36, as shown on the attached map. Also
included is a conceptual drawing for a park for the properties that has been provided by the Parks
and Recreation Director.
KMC 22.05.050 states, "Whether land shall be acquired, retained, devoted, or dedicated to a
public use shall be determined by ordinance which shall contain the public use for which said
property is to be dedicated, the legal description of the property, and the address or a general
description of the property sufficient to provide the public with notice of its location."
Please review the attached and make a recommendation as to whether the parcels are needed for
a public purpose or if they can be sold. The recommendations of the Commissions will be
forwarded to the Council along with an ordinance for introduction.
.Cc:
Bob Frates, Parks and Recreation Director
Attachments
/kh
J.~ N33UOU3^3
0
0
KENAI, ALASKA
210 Fidalgo Avenue, Kenai, Alaska 99611-7794
Telephone' 907-283-3692 / FAX: 907-283-3693
MEMORANDUM
To: Marilyn Kebschull, Planning & Zoning Assista~
From: Robert J. Frates, Parks & Recreation Director
Date: August 20, 2004
RE: Sect. 36- Public Purpose Parcels
As you know, the Planning and Zoning Commission will be reviewing properties in Section 36
during their next meeting and recommending whether the parcels are needed for a public purpose
or if they should be sold.
The City previously examined some of the property in Section 36, specifically parcel//043-010-
33, for possible use as ball fields as far back as 1986. This idea has again recently resurfaced
and has been discussed by the Parks & Recreation Commission for the past two years. Their
goal is to someday have this area developed into a sport field complex similar to the conceptual
drawing included in your Planning & Zoning packet. The current concept suggests utilization of
parcel #043-010-38 in order to accommodate soccer fields and//043-010-33 for baseball fields,
in addition to #043-010-34 for unspecified future recreational use.
A portion of parcel//043-010-33 was once used as a landfill. In 2003, Attorney Graves, Public
Works Manager Jack LaShot and I reviewed the property with Leslie simmons of the Solid
Waste Management Program of DEC for the Anchorage District and determined the old landfill
could probably be "capped" with dirt or gravel if we worked with them about how to do it. It
was generally felt that conversion to ball fields was good use of the property given its history.
Due to the increased popularity of soccer and demand for additional sport fields, this location
lends itself to meeting the present and furore recreational needs of the community with respect to
sports fields. Potential user groups include, Boys and Girls Club, Kenai Peninsula Comp.
Soccer, Kenai Little League, Pop Warner, American Legion Baseball, as well as the general
public.
STAFF REPORT
To: Planning & Zoning Commission
Date: August 25, 2004
Res: PZ04-38
GENERAL INFORMATION
Applicant'
Rebecca Lambourn
Stanley Coleman
1 506 Toyon Way
Kenai, AK 99611
283-3268
Veronica's Coffee Shop 283-2725
602 Petersen Way
Kenai, AK 99611
Requested Action:
Legal Description:
Existing Zoning'
Current Land Use:
Transfer of Conditional Use Permit
Lot 39A, Dolchok Subdivision
TSH - Townsite Historic
Commercial- Coffee House
ANALYSIS
Rebecca Lambourn and Stanley Coleman have purchased the business described
above. As required by the KMC 14.20.158, a written request for transfer of the
Conditional Use Permit has been submitted. The applicants state in their request
that the intent is to continue the use of the permit in accordance with the
operations described in the current permit. Based on the written request and plan
to continue use as currently allowed under Conditional Use Permit PZ97-24,
approval of the transfer should be granted.
This property is leased from Michael Carpenter and a copy of that lease is on file.
Buildinq Official'
No building code issues.
0438 Comment.doc Page 2
RECOMMENDATIONS
Kenai Municipal Code 14.20.158 outlines the requirements for transferring
Conditional Use Permits. The request to transfer this permit meets the
requirements of KMC 14.20.1 58, which states:
(a) No conditional use permit issued hereunder shall be transferred until the
proposed transferee has made application for transfer in writing filed with the
administrative official, which application shall state that he intends to be
bound by the plan and statements contained in the application of the permit
holder or shall contain the amendments to the plan his proposed operation
would mandate. The Commission shall approve the application for transfer
and in so doing amend the site plan and statements if such amendments as
are contained in the application for transfer would have been approved had
they been contained in the original application.
Applicants must provide a copy of their business license and proof of registration
with the Kenai Peninsula Borough to collect sales tax prior to the permit being
issued.
Recommend approval.
ATTACHMENTS:
a. PZ04-38 - Conditional Use Permit Application Request for Transfer
b. PZ04-38 (PZ97-24) - Resolution
CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION NO. PZ04-38 (PZ97-24)
TRANSFER OF CONDITIONAL USE PERMIT
COFFEE HOUSE
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF
KENAI GRANTING THE TRANSFER OF A CONDITIONAL USE PERMIT FOR A COFFEE
HOUSE AS AUTHORIZED BY 14.20.158 OF THE KENAI ZONING CODE, FROM:
Mary Ann Alfano to Rebecca Lamboume and Stanley Coleman
WHEREAS, the Commission finds:
1. That a Conditional Use Permit was granted to Mary Ann Alfano on June 25, 1997.
2. That KMC 14.20.158 requires that a written request for transfer be submitted.
3. That Rebecca Lamboume and Stanley Coleman submitted a request for transfer on
August 23, 2004.
4. That the transfer requires that the permit continue operation under conditions originally
outlined.
NOW, THEREFORE, BE IT RESOLVED, BY THE PLANNING AND ZONING
COMMISSION OF THE CITY OF KENAI THAT THE CONDITIONAL USE PERMIT
FOR MARY ANN ALFANO FOR A COFFEE HOUSE BE TRANSFERRED TO
REBECCA LAMBOURNE AND STANLEY COLEMAN.
PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF
KENAI, ALASKA, SEPTEMBER 8~ 2004.
CHAIRPERSON
ATTEST
R
CITY OF
¸Cl'
CONDITIONAL USE PERMIT
APPLICATION
Date: ~-' aO - O~
Applicant's Name' ~.fS~c~ Lal~~O~~ Phone:
Mailing Address: /,~0 (¢ ~ U ~h t
Street Aadr~ss: ~ ~~ ~~~e~ e~
(~ere pe~it wi~ be opermed from.)
Legal Description of Property' t<. _~. ~R'600 .Q.q'
Kenai Peninsula Borough Parcel No.'
City of Kenai Zoning:
TS H -
Tos' t~
Provide a detailed description of the proposed use. If the space provided is not sufficient,
attach a sheet to the application.
,. ;/[
The following information must be provided before your application will be
con~ideredfor':~'proCessing. Do not submit Your application until it contains all
re.quired information. (Check each box that applies and attach the necessary
information to this application.)
I am the legal owner of the property.
I am not the legal owner of the property; however, I have attached verification by
the owner of the property that I have permission to apply for this Conditional Use
Permit.
Attached are dimensioned plot plans showing the location of all existing and
proposed buildings or alteration on the affected property. Plans must show, at a
minimum, the entrance, exit, and parking spaces 'on the pr.~e/rt~For bed &
breakfast applications, must show areas tb be rented.)
I have paid the appropriate fee. ff. ].~tar~'
I have reviewed Kenai Municipal Code 14.20.150, Conditional Use Permits, and believe
that the r.~equested pe ,rmiI satisfies the requkemqnts of,this section of the code.
SpeCifically, the, follOWing requirements have belin satisfied:
· .~
[~ The use is consistent with the purpoSe of this Chapter find the'purpoSes .and
intent of the zoning district.
The value of the adjoining property and ,n¢ighborhood will not be
significantlY imPaired.. ~- . ~
The proposed use is in harmony with the Comprehensive Plan.
Public services and facilities are adequate to serve the proposed use.
[~ The proposed use will not be harmful to the public safety, health or
welfare.
I certify that the information provided is accurate to the best of my knowledge.
Applicant'
Date'
Attachment: KMC 14.20.150
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AGENDA
KENAI CITY COUNCIL- REGULAR MEETING
AUGUST 18, 2004
7:00 P.M.
KENAI CITY COUNCIL CHAMBERS
http'//~vww, ci.kenai.ak.us
ITEM A:
CALL TO ORDER
1. Hedge 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)
Jennie Porter (for Moms Porter) -- Snug Harbor Packing Company
Cannery Equipment
ITEM C:
UNSCHEDULED PUBLIC COMMENTS (3 minutes)
ITEM D:
REPORTS OF KPB ASSEMBLY~ LEGISLATORS AND COUNCILS
ITEM E:
REPORTS OF KENAI CONVENTION/h VISITORS BUREAU
BOARD AND KENAI CHAMBER OF COMMERCE
ITEM F:
,
PUBLIC HEARINGS
Ordinance No. 2059-2004 -- Increasing Estimated Revenues and
Appropriations by $5,000 and Transferring $5,000 in the General Fund
for a Grant From the State of Alaska for a Thermal Imaging Camera (TIC)
for the City of Kenai Fire Department.
,
Resolution No. 2004-45-- Authorizing the City Manager to Develop and
Implement a Program to Educate the Public About the Importance of
Wearing Protective Helmets While Riding Bicycles, Similar Vehicles or Ice
Skating and to Provide Incentives for Persons Under the Age of 18 Years
to Wear Such Protective Helmets.
Remove from table.
Substitution of Resolution.
Consideration of Resolution.
,
Resolution No. 2004-46 -- Transferring $6,000 in the General Fund to
Purchase a Vehicle Hoist.
o
Resolution No. 2004-47 -- Transferring $4,000 In the General Fund for
a Geophysical Survey of the Kenai Cemetery. to Identify Unmarked
Gravesites.
o
o
*Liquor License/New-- Charlotte's, Inc., d/b/a Charlotte's -
Restaurant/Eating Place Public Convenience.
*Application for Restaurant Designation Permit -- Charlotte's, Inc.,
d/b / a Charlotte' s.
ITEM G:
MINUTES
.
*Regular Meeting of August 4, 2004.
ITEM H:
OLD BUSINESS
ITEM I:
NEW BUSINESS
3.
o
Bills to be Paid, Bills to be Ratified
Purchase Orders Exceeding $2,500
*Ordinance No. 2060-2004 -- Increasing Estimated Revenues and
Appropriations by $533,333 for Airport Grants.
*Ordinance No. 2061-2004 -- Increasing Estimated Revenues and
Appropriations by $2,850 in the General Fund for Disc-Golf Materials
and Equipment.
*Ordinance No. 2062-2004 -- Increasing Estimated Revenues and
Appropriations by $11,867 in the General Fund for Library Grants.
Approval -- Lease of Counter Spaces No. 34 and 35, Kenai Municipal
Airport Terminal Space/Mike Spizak, d/b/a Bellair, Inc.
Discussion -- Chamber of Commerce/City of Kenai Proposed
Memorandum of Agreement and Budget for Development of Business
Attraction Program.
ITEM J'
,,
COMM!SSI0.N/COMMITTEE REPORTS
.
2.
3.
4.
5.
6.
Council on Aging
Airport Commission
Harbor Commission
Library Commission
Parks & Recreation Commission
Planning & Zoning Commission
o
Miscellaneous Commissions and Committees
a. Beautification Committee
b. Alaska Municipal League Report
c. Arctic Winter Games
d. Stranded Gas Committee
ITEM K:
REPORT OF THE MAYOR
ITEM L:
ADMINISTRATION REPORTS
1. City Manager
2. Attorney
3. City Clerk
ITEM M:
DISCUSSION
1. Citizens (five minutes)
2. Council
EXECUTIVE SESSION -- Recreation Center Litigation.
ITEM N:
ADJOURNMENT
AGENDA
KENAI CITY COUNCIL- REGIKAR MEETING
SEPTEMBER 1, 2004
7:00 P.M.
KENAI CITY COUNCIL CHAMBERS
http' / / www. 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)
le
Mary Daly-- Kenai Peninsula Soccer Club
ITEM C:
UNSCHEDULED PUBLIC COMMENTS.. (3 minutes)
ITEM D:
I~'.PORTS OF I~Pn ASSm_.M_ULY, LRGISLATORS AND COUNCILS
ITEM E:
I~'._PORTS OF IfENA~ CONVENTION/k VISITORS BUREAU
_uOA~r~ AND_ KENAI CHAMBER OF COMMERCE
ITEM F:
PUBLIC HEARINGS
le
Ordinance No. 2060-2004-- Increasing Estimated Revenues and
Appropriations by $533,333 for Airport Grants.
C,
Motion for Approval:
Motion to Substitute: Ordinance No. 2060-2004-- Increasin~
Estimated Revenues and Appropriations by $533,333 for Airport
Grants.
Consideration of Ordinance.
e
Ordinance No. 2061-2004 -- Increasing Estimated Revenues and
Appropriations by $2,850 in thc General Fund for Disc-Golf Materials
and Equipment.
Ordinance No. 2062-2004 -- Increasing Estimated Revenues and
Appropriations by $11,867 in the General Fund for Library Grants.
o
ITEM I:
1.
.
ITEM J:
le
2.
3.
4.
5.
6.
7.
ITEM K:
ITEM L:
Resolution No. 2004-48 -- Approving a Contract to Quality Electric LLC
for the Project Entitled Kena/Municipal Airport Gate Mod/fications -
2004 for the Total Amount of $472,637.
MINUTES
*Regular Meeting of August 18, 2004.
OLD BUSINESS
NEW BUSINESS
Bills to be Paid, Bills to be Ratified
Purchase Orders Exceeding $2,500
*Ordinance No. 2063-2004 -- Increasing Estimated Revenues and
Appropriations by $500 in the General Fund for a Grant for Police
Training Equipment.
*Ordinance No. 2064-2004 -- Increasing Estimated Revenues and
Appropriations by $368,945 for Airport Grants.
Discussion -- Snug Harbor Packing Company Cannery Equipment
Request.
Discussion -- Dip Net Fishery Preliminary Report
COMMISSION/COMMITTEE REPORTS
Council on Aging
Airport Commission
Harbor Commission
Library Commission
Parks & Recreation Commission
Planning & Zoning Commission
Miscellaneous Commissions and Committees
a. Beauti~cation Committee
b. Alaska Municipal League Report
c. Arctic Winter Games
d. Stranded Gas Committee
REPORT OF THE MAYOR
ADMINISTRATION REPORTS
City Manager
Attorney
City Clerk
ITEM M: DISCUSSION
1. Citizens (five minutes)
2. Council
EXECUTIVE SESSION -- Personnel Issue.
ITEM N:
ADJOURNMENT.
AGENDA
KENAI CITY COUNCIL- REGULAR MEETING
AUGUST 18, 2004
7:00 P.M.
KENAI CITY COUNCIL CHAMBERS
http'//~vww, ci.kenai.ak.us
ITEM A:
CALL TO ORDER
1. Hedge 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)
Jennie Porter (for Moms Porter) -- Snug Harbor Packing Company
Cannery Equipment
ITEM C:
UNSCHEDULED PUBLIC COMMENTS (3 minutes)
ITEM D:
REPORTS OF KPB ASSEMBLY~ LEGISLATORS AND COUNCILS
ITEM E:
REPORTS OF KENAI CONVENTION/h VISITORS BUREAU
BOARD AND KENAI CHAMBER OF COMMERCE
ITEM F:
,
PUBLIC HEARINGS
Ordinance No. 2059-2004 -- Increasing Estimated Revenues and
Appropriations by $5,000 and Transferring $5,000 in the General Fund
for a Grant From the State of Alaska for a Thermal Imaging Camera (TIC)
for the City of Kenai Fire Department.
,
Resolution No. 2004-45-- Authorizing the City Manager to Develop and
Implement a Program to Educate the Public About the Importance of
Wearing Protective Helmets While Riding Bicycles, Similar Vehicles or Ice
Skating and to Provide Incentives for Persons Under the Age of 18 Years
to Wear Such Protective Helmets.
Remove from table.
Substitution of Resolution.
Consideration of Resolution.
,
Resolution No. 2004-46 -- Transferring $6,000 in the General Fund to
Purchase a Vehicle Hoist.
o
Resolution No. 2004-47 -- Transferring $4,000 In the General Fund for
a Geophysical Survey of the Kenai Cemetery. to Identify Unmarked
Gravesites.
o
o
*Liquor License/New-- Charlotte's, Inc., d/b/a Charlotte's -
Restaurant/Eating Place Public Convenience.
*Application for Restaurant Designation Permit -- Charlotte's, Inc.,
d/b / a Charlotte' s.
ITEM G:
MINUTES
.
*Regular Meeting of August 4, 2004.
ITEM H:
OLD BUSINESS
ITEM I:
NEW BUSINESS
3.
o
Bills to be Paid, Bills to be Ratified
Purchase Orders Exceeding $2,500
*Ordinance No. 2060-2004 -- Increasing Estimated Revenues and
Appropriations by $533,333 for Airport Grants.
*Ordinance No. 2061-2004 -- Increasing Estimated Revenues and
Appropriations by $2,850 in the General Fund for Disc-Golf Materials
and Equipment.
*Ordinance No. 2062-2004 -- Increasing Estimated Revenues and
Appropriations by $11,867 in the General Fund for Library Grants.
Approval -- Lease of Counter Spaces No. 34 and 35, Kenai Municipal
Airport Terminal Space/Mike Spizak, d/b/a Bellair, Inc.
Discussion -- Chamber of Commerce/City of Kenai Proposed
Memorandum of Agreement and Budget for Development of Business
Attraction Program.
ITEM J'
,,
COMM!SSI0.N/COMMITTEE REPORTS
.
2.
3.
4.
5.
6.
Council on Aging
Airport Commission
Harbor Commission
Library Commission
Parks & Recreation Commission
Planning & Zoning Commission
o
Miscellaneous Commissions and Committees
a. Beautification Committee
b. Alaska Municipal League Report
c. Arctic Winter Games
d. Stranded Gas Committee
ITEM K:
REPORT OF THE MAYOR
ITEM L:
ADMINISTRATION REPORTS
1. City Manager
2. Attorney
3. City Clerk
ITEM M:
DISCUSSION
1. Citizens (five minutes)
2. Council
EXECUTIVE SESSION -- Recreation Center Litigation.
ITEM N:
ADJOURNMENT
10b
MEMBERS:
Dr. Rick Foster
Homer City
Term Expires 2004
Mad Anne Gross
Southwest Borough
Term Expires 2005
Mark Massion
Seldovia City
Term Expires 2006
Dick Troeger
Soldotna City
Term Expires 2005
ALTERNATES:
Blair Martin
Kalifornsky Beach
Term Expires 2006
Todd Petersen
East Peninsula
Term Expires 2004
A.
B,
C.
D,
KENAI PENINSULA BOROUGH PLAT COMMITTEE
ASSEMBLY CHAMBERS
BOROUGH ADMINISTRATION BUILDING
144 NORTH BINKLEY STREET
SOLDOTNA, ALASKA
5:30 p.m. August 23,
Tentative Agenda
CALL TO ORDER
ROLL CALL
R
APPROVAL Of AGENDA, EXCUSED ABSENCES, AND MINUTES
1. Agenda
.
Member/Alternate Excused Absences
a.
No Excused Absences Requested
3. Minutes
a. August 9, 2004
SUBDIVISION PLAT PUBLIC HEARINGS
,
FBO Subdivision No. 8
KPB 2004-197
[VVhitford/City of Kenai]
Location' City of Kenai
.
Soidotna Junction Sweeny- Paulson Replat
KPB 2004-216
[Integrity/Sweeny/Pa ulson]
Location' City of Soldotna
,
Coal Creek Country Estates- Burck Replat
KPB 2004-221
[lnteg rity/Burck]
Location' West of K-Beach Rd off Yellow Brick Rd.
,
Crooked Creek Subdivision 2004 Addition
KPB 2004-218
[Johnson/Kronk]
Location' North of Saskatoon Avenue in Kasilof
=
o
,
Cohoe Country Estates No 5 N/C
KPB 2004-219
[Johnson/Osmar]
Location: Off Cohoe Loop Road in Kasiiof
Toci Subdivision
KPB 2OO4-222
[Seabright/Baringer/Jeanenne/Toci]
Location: Off North Fork Road in Anchor Point
Anchor Point APC
Collier' Subdivision
KPB 2004-223
[Lobdell/Collier]
Location: North of Kenai Spur Hwy in Nikiski --
E. FINAL PLATS
.
Birch and Grouse Ridge Subdivision
(Final Plat)
KPB 2003-253
[McLane/KPB]
Location: Cooper Landing area
Cooper Landing APC
F. MISCELLANEOUS INFORMATION -- NO ACTION REQUIRED
G. PUBLIC COMMENT
H. ADJOURNMENT
NEXT REGULARLY SCHEDULED MEETING
The next regularly scheduled Plat Committee meeting will be held September 13,
2004 at the Institute of Marine Science in Seward, Alaska at 5:30 p.m.
PLANNING DEPARTMENT
Phone: 907-714-2200
Phone: toll free within the Borough 1-800-478-4441, extension 2200
Fax: 907-262-8618
e-mail address: plannin, g~borough.kenai.ak, us
web site: www. borou~h.kenai.ak, us/planningdept
KENAI PENINSULA BOROUGH PLANNING COMMISSION
ASSEMBLY CHAMBERS
BOROUGH ADMINISTRATION BUILDING
144 NORTH BINKLEY STREET
SOLDOTNA, ALASKA
August 23, 2004 7:30 P.M.
Tentative Agenda
Philip Bryson
Chairman
Kenai City
Term.Expires 2007
Tom Clark
Vice Chairman
Anchor
Point/Ninilchik
Term Expires 2007
Dick Troeger
Parliamentarian
Soldotna City
Term Expires 2005
Dr. Rick Foster
PC Member
Homer City
Term Expires 2007
Mari Anne Gross
PC Member
Southwest Borough
Term Expires 2005
Lynn Hohl
PC Member
Seward City
Term Expires 2005
William Hutchinson
PC Member
Ridgeway
Term Expires 2007
James lsham
PC Member
Sterling
Term Expires 2006
Brent Johnson
PC Member
Kasilof/Clam Gulch
Term Expires 2006
Blair Martin
PC Member
Kalifornsky Beach
Term Expires 2006
Mark Massion
PC Member
City of Seldovia
Term Expires 2006
A.
S.
C.
CALL TO ORDER
ROLL CALL
APPROVAL OF CONSENT AND REGULAR AGENDA
All items marked with an asterisk (*) are consent agenda items. Consent agenda items are considered
routine and noncontroversial by the Planning Commission and will be approved by one motion. There will
be no separate discussion of consent agenda items 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.
If you wish to comment on a consent agenda item or a regular agenda item other than a public hearing,
please advise the recording secretary before the meeting begins, and she will inform the Chairman of your
wish to comment.
'1.
Time Extension Requests
a)
Howarth Subdivision 2002 Addition
KPB File 2002-132 Swan/Howarth, Sundberg
Location: Moose Range Drive Off Robinson Loop
b)
VIP Park Estates Mannausau Addition
KPB File 2001-201; Whitford/Mannausau
Location: City of Kenai
*3.
Plats Granted Administrative Approval
Plats Granted Final Approval (20.04.070) - None
Plat Amendment Request- None
*5.
Coastal Management Program
a.
Conclusive Consistency Determinations Received from DGC
b. Administrative Determinations
c. Current Reviews
*6. Commissioner Excused Absences
.James Isham
b. Todd Peterson
*7. Minutes
a.
August 9, 2004 Plat Committee Minutes
b.
August 9, 2004 Planning Commission Minutes
Todd Petersen
PC Member
East Peninsula
Term Expires 2007
Ray Tauriainen
PC Member
Northwest Borough
Term Expires 2005
Max J. Best
Planning Director
Dale Bagley
Borough Mayor
D.
Eo
F,
G.
PUBLIC cOMMENT/PRESENTATIONS/COMMISSIONERS
(Items other than those appearing on the agenda. Limited to five minutes per speaker unless previous
arrangements are made.)
UNFINISHED BUSINESS- None
PUBLIC HEARINGS
Ordinance 2004-27 An Ordinance approving Birch and Grouse Ridge
Subdivision Local Option Zoning District as a Rural-Residential (R-R) District,
and Amending KPB Chapter 21.46.030.
.
Ordinance 2004-28 An Ordinance establishing the Grande View Heights
One Local Option Zoning District and Amending KPB 21.46.040
.
Public notice is hereby given that a public headng 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.
CHESAPEAKE ST within Doser S/D No. 2 (KN 81-145) Sec 7, T5N,
R8W, SM, AK; Located off Steding HWY east of the Moose River
Bridge in Sterling; ESN 302; Proposed to be renamed RYDBERG
STREET.
b.
KONA CIRCLE Within Lake Country Estates S/D (HM 85-98) Lake'
Country Estates S/D No.2 (HM 87-17) Sec 24, T5S, R15W, SM, AK.
Located off Old Sterling HWY south of Anchor Point; ESN 401. The
suffix for the new name will be circle. Reason for change: duplicate
street name.
PLATINUM DRIVE within Diamond Cape Unit 2 (HM 77-79) Sec 9,
T6S, R14VV. Located off Green Timbers RD approx mi 168 Sterling'
HWY north of Homer, ESN 202. The proposed new name is
DELILAH DRIVE.
ANADROMOUS STREAM HABITAT PROTECTION (KPB 21.18)
A Conditional Use Permit pursuant to KPB 21.18 for the construction of a
wire fence with four gates for the containment of cattle. A portion of the
proposed fence and gates are within the established 50-foot habitat
protection area of the Fox River. This work will occur along the right bank of
the Fox River near river mile 4 adjacent to lease agreement 302 @ 268 ADL
226513 located in T03S R09W & R10W & T04S R09 & R10W (KPB Parcel
I.D.: 185-250-01). KPB Resolution 2004-51
.
A Conditional Use Permit Pursuant to KPB 21.18 for the development of
properties within River Quest Subdivision 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). KPB PC
Amended Resolution 2004-19.
H. VACATIONS NOT REQUIRING A PUBLIC HEARING
Vacate the utility easements common to Lots 32 & 33, Thompson's Lake
Estates Subdivision (Plat KN 81-48), within Section 21, Township 7 North,
Range 11 West, Seward Meridian, Alaska; and within the Kenai Peninsula
Borough. KPB File 2004-217
.
Vacate the north 57.95 feet of the 15-foot utility easement along the east
boundary of Lot 7 Tukak Harbor Subdivision (Plat KN 93-52), within Section
19, Township 5 North, Range 10 West, Seward Meridian, Alaska; and within
the Kenai Penisnula Borough, KPB File 2004-220
SPECIAL CONSIDERATIONS
.
June 14, 2004 Plat Committee Conditional Preliminary Approval of
Roberts Subdivision Part Five
KPB File 2004-150
Johnson/Hoback
LocatiOn: North of Funny River Road
J. SUBDIVISION PLAT PUBLIC HEARINGS
.
The Plat Committee is scheduled to review 8 plats.
K. COASTAL MANAGEMENT PROGRAM CONSIDERATIONS
L. OTHER/NEW BUSINESS
M. ASSEMBLY COMMENTS
N. DIRECTOR'S COMMENTS
O. COMMISSIONER COMMENTS
P. PENDING ITEMS FOR FUTURE ACTION
Q. ADJOURNMENT
MISCELLANEOUS INFORMATIONAL ITEMS
NO ACTION REQUIRED
FUTURE PLANNING COMMISSION MEETING
The next regularly scheduled Planning Commission meeting will be held September 13, 2004
at the Institute of Marine Science in Seward, Alaska at 7:30 p.m.
ADVISORY PLANNING COMMISSION MEETINGS
Advisory Commission
Anchor Point
Cooper Landing
Meeting Location Date Time
Visitor's Center August 17 7:00 p.m
Community Center September 8 7:30 p.m.
The Kachemak Bay Advisory Planning Commission has adjourned for the summer. The next
regularly scheduled meeting is October 7, 2004.
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
KENA! PENINSULA BOROUGH PLANNING DEPARTMENT
.Phone: 907-714-2200
Phone: toll free within the Borough 1-800-478-4441, extension 2200
Fax: 907-262-8618
e-mail address: Dlannin~borou.clh.kenai.ak. us
_ _
web site: www. borough.kenai.ak, us/plannin~de~3t
N
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I
Planning Commissioner's Comer:
Public Heatings
Anyone with a copy of Roberts Rules of Order (Robert's) can
tell you how to run a regular meeting. Conducting a meeting to
pass an amendment to the subdivision regulations and
conducting a hearing to decide the fate of a subdivision
application are very different. Suffice it to say that Robert's will
not get you through a quasi-judicial hearing.
Local governmental units use three main types of meetings
in the regular course of business: administrative proceedings,
legislative proceedings, and quasi-judicial proceedings. Most
public meetings are conducted using the statutory enabling
authority provided by state law and Robert's, which will get you
through most administrative and legislative proceedings.
Administrative proceedings may be divided into two distinct
contexts: internal and external. This observer highly recom-
mends the adoption of bylaws to guide internal administrative
proceedings. In descending order according to the ability to
amend, the charter or articles are the least amendable, the
bylaws come next, and rules/regulations are the easiest to
amend. One will usually find the charter establishes the legal
authority for the entity, while the articles will provide broad
parameters for acting on that authority.
Bylaws are the basic organizational framework an 'entity
imposes on itself. This would include among other things the
process for electing officers, establishing a quorum,, setting and
changing a.budget, and dealing with personnel matters. Bylaws
are essential for any entity that expects to be ongoing. Bylaws
provide stability and allow an entity to be flexible at the same
time. It should be harder to change an entity's articles and
hardest of all to change the charter.
Rules and procedures standardize the process an entity
imposes on those who deal with that entity. My recommen-
dation is that bylaws and rules be adopted separately. Either the
bylaws or the rules may incorporate Robert's by reference.
Robert's includes sample agendas to ensure a logical order for
conducting a meeting, how to make a motion, etc., but there are
choices. Like.the uniform building code, a local government
needs to be mindful of its own particular needs and not just
adopt a reference guide outright. Standards for procedural due
process are important to assure objectivity, consistency, and the
adoption of good written rules and bylaws will provide that.
Legislative proceedings are used to enact local law. A
municipality adopts an "ordinance," a county enacts legislation
through a "resolution," and the state passes "statutes." Local
governments may codify legislative acts, which means the
ordinances or resolutions are arranged in a uniform manner
much like state statutes. States long ago codified their actions
because of the complicated nature of state law. With time, local
law has often become conflicted and out-of-date laws remained
on the books. Codification is a way to cross reference local law,
July/August 2004
standardize enforcement
provisions, and keep local law
up-to-date, while making it
easier to find what the law 'is
in that jurisdiction.
At the local level, a
county might first adopt a
comprehensive plan or a
municipality may adopt a master plan. These plans set public
policies and act as a guide in the adoption of local law.
Generally, policies are unenforceable and merely express the
intent of a community. For enforcement to attach, penalties
need to be imposed. If the local law deviates from the policies,
which were used to guide their enactment, then a court may not
be inclined to support enforcement of the law.
Quasi.judicial proceedings and public hearings have
much in conunon. The biggest difference is that a quasi-
judicial proceeding is directed at and is specific to a person or
entity, while a public hearing is non-specific and generally
directed to an issue. For instance, the board's process for
enacting the revisions to the county subdivision regulations was
done pursuant to a public hearing, but when a decision is made
on an application to replat a subdivision, the action is consid-
ered quasi-judicial.
In both cases, a board acts as a sounding board for the
presentation of evidence in support of positions taken by the
proponents and opponents. In both cases, the board is expected
to make a decision, but that decision need not come at the
proceeding itself. The hearing is not necessarily the beginning or
the end of deliberations, but is the due process component.
Keep in mind that due process in a quasi-judicial proceeding
takes on significant constitutional ramifications since it is
directed at a specific person or entity. People sitting in judgment
of another always need to take their responsibilities very
seriously.
A resolution or ordinance, which makes a declaration of the
outcome of these proceedings, needs to contain the intents and
purposes of the law legislated, which are generally taken from
information gained at the public hearing. In the case of a quasi-
judicial decision, a board's actions need to reflect the findings of
fact and conclusions of law relied on and which represents the
rationale used in reaching that decision.
I have one other point. Judicial review of a decision will
turn on whether the board acted in an arbitrary manner.
Deviating from public policy is one way to show a board acted in
an arbitrary manner. The burden of proof is always on the
complainant-the plaintiff must prove the board acted arbitrarily.
In making its decision, the findings, intents and purposes, and
conclusions enunciated in the decision are very helpful to a
reviewing court to know why a decision was made, which in turn
makes it very hard for a court to find a decision was arbitrary.
Try not to think in terms of burdens of proof in conducting
proceedings, but rather think in terms of what you are relying
on in making your decision so you can ask pertinent questions
about the basis for opinions being expressed~ Document what
information was relied on and why that information was
considered important at the end.
Generally, any logical process carried out consistently in
accordance with accepted practice to assure substantive and
procedural due process standards, whether it's a public hearing
or a quasi-judicial proceeding, will suffice. The goal is to make an
informed decision based on substantive information and in
conformance with the power and authority available to make
that decision, liere are some guidelines for conducting a
quasi-judicial proceeding.
1. Bring the meeting to order. Make sure the proceeding is on
the record. Describe the item up for discussion. If the
proceeding is in the course of a regular meeting, make sure
the record reflects the change in status for this proceeding.
A separate record of proceedings is recommended. The
board can ratify the record by approving them as part of the
minutes in a regular meeting.
2. Ask the principal pa~ies to the proceeding to identify
themselves. In the case of a public hearing, the board may
want to identify the planner, any planning commission
member present, the county attorney, etc. The board is
encouraged to have a sign-in sheet for those in attendance.
Attach the sheet to the minutes to memorialize who
attended the meeting, and have speakers identify
themselves before speaking. The sheet can be used to
correct name spellings later.
3. Describe the process to be followed, the goal of that
process and any ground ~les the board may have for those
who wish to participate in the process. It's always good to
remind people to be respectful of the process and those
who pa~icipate in it. One should expect those in
attendance to be informed, but there may be questions
anyway. Generally, the board is looking only for information
and input on the issue at hand. People speaking who are
there on principle and have their own agenda are generally
not credible and rarely lend anything to the process. If
possible, these people should be encouraged to write down
comments and submit them later.
4. Just as in a court case, the prosecution/plaintiff goes first in
a public hearing. In a quasi-judicial proceeding, the
proponent goes first. The reason for the order of
~ appearance is based on who has the burden of proof-it's
the party with the burden of proof that generally goes first
and last. In the case of a road petition, the proponent would
be the person who has done the report for the board, since
it is the report that is at issue. In the case of the compre-
hensive plan, it will be the planner, who will outline the
process folloWed, the status of the comprehensive plan, and
the highlights of the plan itself, not by way of advocacy but
in an informational context.
5. Once the proponent has spoken, the board may recognize
either opponents or simply open the proceeding to
comments from the floor. If there are a lot of people, the
board may want to encourage written comments and
restrict presentations to five or ten minutes each. Make sure
all who want to participate have the opportunity to do so,
but do not hesitate to take action if someone abuses their
right to participate, since abuses infringe on other people's
rights.
6. In some cases, witnesses may be subject to taking an oath,
but this is rare and makes the proceeding more judicial in
form. Evidence is something else. Presenters will often
submit documents, graphs, etc. in support of a position. It is
important to mark anything presented and make sure it
becomes part of the record. Make sure any evidence
submitted is made available to everyone on the board and
as widely as possible to people present. Rather than making
each item part of the record as it is offered, it is better to
wait until the end so everyone has a chance to review the
evidence, test its credibility and present evidence to
support, mitigate, or impugn that evidence. If the board is
not going to rely on the evidence offered, it is best not to
make it part of the record.
7. Wind up the proceeding by addressing the participants
directly. Make sure they have had their say. Show courtesy to
the other board members and officials present by addressing
them separately and individually to see if they have any
questions or comments. Board members and those seeking
to speak need to address their comments to the person
chairing the proceeding. This also helps the chair maintain
order since everything goes through one person.
8. Those present need to know the next step in the process.
By reciting what the board's intentions are, that information
gets on the record. There is no need to go into the
appellate process. Bringing up appeals is probably counter-
productive. Finally, thank those present for their partici-
pation and close.
You will see decisions that have not followed these basic
precepts. If the decision is favorable, it will probably not matter.
But for everyone else, such decisions will be dissected and
speculated on endlessly. If the public cannot readily determine
the legitimate reasoning and subjective analysis, they will
speculate on motive and possibly sink to accusations of mal-
feasance and misfeasance. A decision for the public that is worth
making is also worth .justifying to the public through the record.
Rodney B. Pro~'# holds a Juris Doctor degree from the University of
Kansas School of Law and BA and MS degrees from Kansas State
Teachers College. He practiced law in Colorado and represented the
Town of Crested Butte and Teller County among other clients. He is a
member of WYOPASS and the APA, serving as Wyoming's repre-
sentative to the Western Planning Resources Board. In addition to
contributing several articles to The Western Planner, other accomplish-
ments during his tenure as Washakie County Planner include wholesale
revisions to the county's subdivision regulations and comprehensive
plan. He was also instrumental in starting the Washakie Leadership
Institute and has participated in eight community assessments..~.
July/August 2004 5
c £ N T F p.
App. Start Dale:
proJ Name:
Applicant:
Contact Name:
LocaUon:
Project Tracking Sheet
Project Start: !' J Project Completed:
Region ~ Sheet ld ~ Subregn: IMKP ....... J Coast Dist:
[ 01~116120041 DNR Date in: Lo8ffTl~.OO41 File'~l'-~;ber: i~-3~' .......... ] Spec Ama:[ ...............
BANK STABILIZATION/RiVER TRAINING :1 Parcel No: Riv. Mile
,.L~T ~s.~,~s.,.c. ---J Io~-~o~-~ .......... ~ 1~.'~ ....
UTRUP, ROBERT ..................
KENAI RIVER
APMA~:
.. COE COE Prat Expires
COE JD Expires:
!
Stream No:
Review Type:
Comments:
[ i .mtAuthTyp ~~
GC#: ! ............................ ] NWP#: I§' .................... :' ] ...... SlNGLEAGENCY: [:i] MULTIAGENCY:
IREPLACE FALLING WOOD BULKHEAD, EXCAVATE FILL, REPLACE 6'X 6' WOOD BEAMS, DRIVE NEW SUPPORTING
tPOLES, ATTACH NEW CABLE FROM POLES TO DEADMAN, TYPAR NEW WALL, BACKFILL
cc:J
COE: 'E~ COE-KFO: [~ TAX: [~ CZM: ~] OPMP: E~] USFWS:
Il , ! , i ! i
Al:
Al Req Date: I .............. --~
MINING LIST: [~
r'"] KNWR: ~] COK: ~;~ COS: 1-'1 ADF&GISF: ['-1
ID # Comments Due Revised Due
OPMP' [ ....... j L." - .I l " I
Date Comm Sent Date Final Deter Rec'd
L:L_,i:~I .... I
Revr
Pmt/Ref # Rasp Due Revised Due Inspect Recm Recto Dar
.FP [ii~1 ........... i11 Il II I~[
Hab P,t. ~lO4-HP~ss il o,,g/~oofll ' 11 t ~ [
TaxCr'l[.' "11"I! .......... il Ii I1'-]!
...k. [---71, L_ 11 ........ IF- ..... --1I ................ ] F--Il
OHMP Amend: ~ CC Emailed: [~
ACMP:
_IPR)
_ ~P,A)
_cc)
__Ge)
._NA)
Activity Type
Individual Project Review (consistency review}
No Consistency Review, amends permit issued under 1P
Categorically Consistent
General Concurrence
Not Applicable (none of the above).
[_--kiii~
._.BS) Bank Stabilization/River Training _.FM) Fisheries Management
--BR} Bed/Bank Restoration .._HA) Hazing
._BI) Bridge InstalllMaint/Removai ._.LU) Land Use
._.BL) Boat Launch __ME) Material Extraction
__CI) Culvert Install/Maint/Removal __OF) Ouffall Structure
__DF) Dock/Floating ._OS) Oii Spill Training/Response
_.DG) Dredging ._OT) Other
__DI) Dam/Impoundment __PC) Placer/Commercial
.._DP) Dock/Pile .._PR) Placer/Recreational
__DR) Debris Removal __UL} Utility Une
__DV) Dlverston/Realigment _..VF) Vehicle/Equip Ford
.._ES) Explosives/Seismic __WB) Walkway/Boardwalk/Stairs
.._FE) Fish/Wildlife Management __WE) Walkway/ELP/Stairs
_..WW) Water wlthdravd/lntakeStructure
Auth Final Action ! Date Expiry
1l',Jl,,i- I1 '11 .
i~5 ~ [l---J [ 17 ...............
-!::¥,'":?" RECEIVED
CITY OF KENAI
PLANNING DI
~' Recm - Comments Only ? Final Action
.__ RA) RecApproval ._ D) Denied
._- RD) Rec Denial ._ l) Issued
_._ GC} General Comments ._. NR) Not Req'd
.__ NR) Not Reviewed ._. WD) Withdrawn by applicant
..__WD) Withdrawn/closed .-- O) Other
Authorities (Auth)
OHMP KPB - HP
__ 840) Fish Passage .._ 070) Allowable
._ 870) Anad. Water __ 080) C.U.P.
_. 890) Emergency __ 090) Prior Existing
FP __040) Tax Credit
.._~0)
Multi-Agency
Permit Application
iiii iiii i i iii i i I III ii . !1 iii i _ i iiiiiiii i i
NOTE:
YOU MIGHT BE CONTACTED BY AN AGENCY REQUESTING
FURTHER INFORMATION ON YOUR APPLICATION.
Applicant Information:
Name: ,2"g]~ ~'r ~,$~4arl,,,4~.~, .tn/t:. ,,,
MailingAddmss: /~.zg. ,~'~K'
City, State, Zip:_/C'~',~.,~ ~ ~ IP ~'~//
?hone 0tome/work): ~a 7 -~$. 7g~ 2
F~ & E-mail: 9~.~ g~-_TJ~
please comfier9 the f011owin~:
1) T~ project ~ located ~~ ~e ci~ 1~ of: Soldoma ~ Kenai ~ Nei~er ~
2) T~s project is located ~thin Moo~ ~ange Meadows Subdivision, ~t~ ~e ~~?
parcel, Info ,rm, ation:
Lot:~ Block: ~, Subdivision
~ver/S~eam Nme: ~~~
~ver Mile' ~'~__ ~ght ~ or Lei ~ ba~? (Loo~ng
do~-s~eam)
RECEIVED
AUG ! 6 200
EENAI RIVER CENTER
YesF1 Nol~l
If yes, is the project within one or both of: - the variable non-development easement? Yes E] No F1 Not SareE]
- the 25-foot public use easement? Yes F1 No Fl Not SureEl
3) The project is located within 50-feet of the ordinary high water (OHW) or mean high water (MHW) of an
anadromous stream? Yes ~ No I2 Not sure where OHW or MHW line is iq
4) Does any portion of the project cantilever or extend over the OHW or MHW of the stream?
Yes Fl No ~ Not sure where OHW or MHW line is Fl
5) Does any pot~ion of the project extend belo___.~w the OHW or MHW Hne of the stream? Yes ~ No C! Not sure where OHW or MHW line is
6) Does this project replace a prior existing structure? Yes ~ No El
7) Will material be extracted or dredged from the floodplain or river bed? Yes E] No If yes, what type?
8) Will material (including spoils, debris, or overburden) be deposited in the floodplain or river?
Yes, temporarily [3 How long? .... Yes, permanently F1
If yes, what type of material is it? ...... Amount:
Where in the stream will the material be deposited? .....
9a) List all motorized equipment to be used on this project:., ~'ld¢ ~ ~.~ ~,O.E_~ .C~//C~'/4'~ ~'
No'~
9b) What motorized equipment will be used below OHW or MHW?
KRC: PAGE 1 06~02~03
Multi-Agency Permit Application Page 2
9c) Length ofl/rne motorized equ/pment Will be used below OHW?_ .
9d) Length of time motorized equipment will be used above OHW7
10) Directions to the site: . ~<r~9~~',~'. ~-~ ~-~,/;~a't~' ,.~
11) Surface area in acres of wetlands or other wate.~s filled:
12) Is any portion of the work ah'eady complete? Yes )/, No . If Yes, describe the completed work:
13) Ad&esses of Adjoining Property Owners, Lessees, etc., whose property adjoins the waterbody (If more than can be
entered here, please attach a supplemental list)._ ~"~'n/~.t" ~,~',~",~,~',,~#,~4~ ..~a' ~-t9~~
OF
SIGNATURE LICANT DATE
STATEMENT OF AUTHORIZATION
Iherebyauthorize,_ ~'~I3~l~e~ {~ .... W./~LIt0. _ to act ~ my beha~ as my agent ~ ~ p~cess~g of
~s application ~d to ~sh, upon request, ~fo~afion ~ suppo~ of~s pe~t app~cafion. App~cafion h hereby
~de for a pe~t or pe~ to au~o~e ~e work described ~ ~ application. I ce~y fl~at ~c ~o~afion h ~s
application is complete and acetate. I ~~ ce~ ~t I possess ~e au~ori~ to unde~ake ~e work described here~
or m~~g as ~e duIy authored agent of the applicanL
. I -64
- __'; ' SI~A~O~GE~ - ~ - DATE
. a . . . * * * * * * * * * * * * * * * * * * * * * ** ** * * ** * *** * * * * * * * * * ** *** * ** * * * *
18 U.S.C. Section 1001 provides that: Whoever, in any manner within the jurisdiction of any department or agency of
United S~ates knowingly and willfully fahifies, conceals, or covers up any trick, scheme, or disguises a material fact or
makes any false, ficfitio~ or fraudulent statements or representations or makes or uses any false writing or document
knowing same to contain any false, fictitious or fraudulent statements or entry, shall be fined not more than $10,000 or
imprisoned not more than five years or both.
II __ I .......... I IIIIII III _ I
j __ II . I . I II I I .. II I .
KRC: PAGE 2 06/02/03
Document Name: A
~ ,
PUBS CT001653AUG1704
I 2005
- Primary Owner-
KENAI CITY OF
210 FIDALGO AVE STE 200
KENAI, AK 99611-7750
......... General Information
Tax Code Area 30 KENAI
Last Inspected: 04/02 BASEMAP:
Transferred 06/94
Bk/Pg Doc No
Structures 1
i INDUSTRIAL
0408 TakeMeAway
Public Information Parcel 04910106 6
-- SHOW ME INTERESTED PARTIES? Y/N>
.......... Legal Description ........
2000 COLUMBIA ST
T05N R11W S08 KN0890012
KENAI SPIT SUB
LOT 2
KR05
Appr/Book SH Acres
Bit Area Sq. Feet
1974 BASE 27,780
12.12
Roll Year
MAIN 2004
TAR 2003
TAR 2002
MAIN 2001
04910106 2001
Certified Appraisal Values
Land Improvement Spec Feat
143,000 546,000
71,800 546,000
114,000 546,000
176,600 960,600
Parcel has note types-B,F.
Appraisal
689,000
617,800
660,000
1,137,200
Taxable
689,000
617,800
660,000
:].,137,200
Date: 8/17/2004 Time: 08:41:18 AM
Document Name: A
,
INPRTT001654AUa1704 0408
Interested Parties for KENAI CITY OF
210 FIDALaO AVE. STE 200
Parcel 04910106 KENAI, AK 99611-7750
LEASE HOLDER
0
INLET FISHERIES INC
PO BOX 530
KENAI, AK 99611-0530
PRIMARY OWNER
0
KENAI CITY OF
210 FIDALGO AVE STE 200
KENAI, AK 99611-7750
Date: 8/17/2004 Time: 08:41:26 AM
=20
I
!
0 ,:,
'1' ,1,
!
0
I
'1;~t' I ~ (~l_~h -
................ ~ .-~ ~ ~ m
-- .... .... · .................................. ~. · . ~ ~
, .... ~,~ ~[ ~ .~
I
I
i
I
Coastal Project Questionnaire and Certification Statement
Please m~swer all questions. To avoid a delay in processing, please call the department if you.answer "yes" to any of
the questions related to that department. Maps and pIan drawings must be included wifl~ your packet.
An incomplete packet will be returned.
~ AI'PLIC~ INFORMATION
1. -Z'~ee-~~r ~'~#~'~'-~, .Z,O'¢. 2.
~la~ue of Appli~t
.~. ~~ ~a
Addr~s~
City/State Zip Code
,, ,
Daytime Phone
Fax Number
E-mail Address
Agent (or responsible party if other than applicant)
Address
_~m ~a,~ r~/~, ,,,,A ~ .... ~ ~ q
Dayt~ Phone
Fax Number
Zip Code Zip Code
E-mail Address
1 PROJECT INFECTION
I. This activity is a: [3 new project
Yes
l~modification or addition to an existing project
If a modification, do you cmxently halve may State, federal or local approvals
related to this activity? ..........................................................................................................................
Note: Approval mecms any form of authorization. If "yes," please list below:
Approval Type Approval # Issuance Date Expiration Date
No
2. If a modification, has this project ever been reviewed by the State of Alaska under the ACMP? ........
Previous State I.D. Number: Al< g'q'o '/'t ~. -SA- Previous Project
Name: A~tr~4.f ~qtt/~'t~ .
'PROJECT DESCRII'TION .
1. Provide a brief description of your entire project and ALL assoeiated f~cilities and land use conversions. Attach
additional sheet(s) as needed.
Proposed s~X~g date for project:_ _~- O 6 ' ~q- Proposed ending date for project: :_/~;-~ ~ -~~
Revlsed 7/22/03
Attach the followhag: · a detailed description of the project, all associated facilities, and land use conversions,
etc. (Be speei~e, inehding access roads, caretaker facilities, waste disposal sites, etc.); · a project timeline for
completion of all major activities in tiao proposal; * a _site plan depicting property boundary with ali proposed
actions; · other su~pporting documentation flaat would facilitate review of the project. Note: If tiao project is a
modification, identify existi~ag facilities as well as proposed changes on the site plan.
Page I
~ PROJE~ LOCATION
Attach a copy of the topographical and vicinity map clearly indicating the location of the project. Please include
a map title and scale.
The project is located in which region (see attached map): 1El Northern .[gl Southeentral I2 Southeast
El withha or associated with the Trans-Alaska Pipeline corridor
3. Location of project (Include the name of the nearest land feature or bed3' of water.) ~.r~' o,~ ~.~,,'nf,
TownshipS-A/' Range ~ Section ~ Meridim~,f~'~at&0Latitude/Longitudo I fJSGS Quad Map
.
·
4. Is fl~e project located in a coastal district? Yes 1~ No El If yes, identify: _~_~_,er,,~' ~l~:
(Coastal districts are a mtnicipalio~ or borough, home rule or fir~t cla~.~ ciO,, ~econd cla~s with planntng, ar coastal resource service area.)
]Vote: ~t coastal district ~x = participant in th= State'= con=i=tenc, y r=vim~ ~roce==. Jt t~ ~o,=i~le for th= ft=te r~vi~w to ~e =dj==ted to
=c~n~mod=t= ~ Io~l ~em~tth~g~ublfc he~ing. ~rly h~ter=ction ~ith the d~=trict i= hn~rtant; ~leasz contact ~m d~strf~ rt~r~=tative
on tiaa =tlach~d contact li~.
,
5. Identi~ the commmfifies closest to yo~ project location: ~ / FW ~
..
6. Tho project is on: ~ 8rote land or water* U Federal land ~ Private Im~d
~tr~ g~~ ~ Municipal l~d ~ Men~l Heal~ Trust lm~d '
*State land cm~ b~ up!an& tideland, or submerggd la~s to 3 miles o~hore. S~ Qu~tlom ~1 i~ DNR sectiom
Contact fl~e applicable landowner(s) to obt~ neoess~ cut, orations.
DEPARTMENT OF ENVH{ONB~NTAL CONSERVATION (DEC) APPROVALS
Yes No
1. Will a discharge ofwastewater from industrial or ¢o_mmer¢iaI operations ozour? ............................... I2
Will the discharge be trumpeted to an already approved s~wer system? ..............................................
Will fl~e project include a stormwater collection/disehm'ge system? .....................................................
,
Do you intend to construct, instalI, modify,, or use any part of a wastewa'rer (sewage
or greywater) disposal system? ............................................................................................................ 12 IR
a) If so, will the discharge be 500 gallons per day or greater? ............................................................ IZi l~
b) If construeth~g a domestic wastewater ~'eatment or disposal system, will fl~e
system be located within fill material requh'h~g a CeE permit? ..................................................... i"1 ~
If you maswered yes to a) or b), answer the following:
1) What is the distance fi'om ltae bottom of tho system to the top of the subsurface water
table? ~
2) How ~ is any part of the wastewater disposal system fi'om the nearest sm'face water7
3) Is the surrounding m-ca inundated wida water at any time of tlae year? ........................................... ID
4) How big is the fill area ta be used for the absorption system7
(Qu~tions I & 2 ~,ill be used by DEC to determine whether separation distances are being met;
Questions 3 & 4 relate to the required.~ize of thejTll if wetland~ are h~volved.)
Do you expect to request a mixing zone for your proposed project? ..................................................
(If your wasteu,atar discharge will exceed/llas'ka water qualio~ ~tandards, you may apply for a mixhtg zone.
lf ~o, please contact DEC to discuss infor, grtion r~qu#'ed under f 8,OTC. 70.032.)
Revised 7122103 Page 2
4~
Yes
a) Will your project result in the constructimh operation, or closure of a facility for the
disposal of solid waste? ..................................................................................................................
(Note: Solid ~t~ means drilling wastes, household garbage, refuse, sludge, construction or demolition
h~dustrial ~olicl z,a~te, asbestos, and other discarded, abandoned, or un~,anted ~olid or.~emi-soHd material, whethel'
or not subject to decomposition, originat#~gfrom any source. Disposal means placement of solM ~,aste on land.)
b) Will your project result in the tmatauent of solid waste at the site? ..............................................El
·
(F.a'amples of treatment metimds #~clude, but m'e not li, tited to: incineration° open burning, balh~g, and composting.)
c) Will your project result in the storage or transfer of solid waste at tl~e site? ................................ E!
d) Will the project result in the storage of more than 50 tons of materials for reuse, recycling,
or resource recovery? .............................................................. ....................................................... El
e) Will any sewage solids or biosolids be disposed of or land-applied to the site? ........................... El
($m~age solids Include ~a~tes thai have been removed fi'om a wastewater treatment plant system, such as a
'septic Ia, ko lagoon dredge, or wastewater treatment shtdge that contain nc free liquids. BiosoHds are the
semi-aalid, o.r liquid residu~ produced during the treatment of domestic septage in a treatment works which
land applied for benejTclal
5~
Will your project require the application of oil, pesticides, and/or any other broadcast
chemicals? ............................................................................................................................................ El
b)
a) Will you have a facility with industrial processes that are designed to process no less
thanfive tonsper ho~r and needs air pollution controls to comply with State
emission stmadards? ........................................................................................................................ El
Will you have stationary or transportable fuel burning equipment, including flares,
with a total f~el consumption capacity no less than 50 million Btu/hour? .................................... El
c) Will you have a facility with incinerators having a total charging capacity of no less
than 1,000 pounds per hour?. ' ...................................................................................................... El
d) Will you have a faciIity with equipment or processes flaat are subject to Federal New
Source Performance Standards or National Emission Standards for hazardous air pollutants? ... lEI
0 Will you propose exl~aust stack injection? .............................................................................. E!
e) Will you have a facility with the potential to. emit ne.less than 100 tons per year of any
regulated air contaminant? ..................................................................................................... · ...... El
f) Will you have a facility with the potential to emit no less than 10 tons per year of any
hazardous air contaminant or 25 tons per year of all hazardous air contaminants? ...................... i-1
g) Will you construct or add stationary or transportable fuel burning equipment of no less
than 10 million Bm&our in the Cit7 of Unalaska or the City of St. Paul? .................................... El
h) Will you construct or modify in the Port of Anchorage a volatile liquid storage tank with
a volume no. less titan 9,000 barrels, or a volatile liquid loading rack with a design
throughput no less than 15 million gallolm? ................................................................................... F1
i) Will you be requesting operational or physical limits designed to reduce emissions from
an existing facility in ma air quality nona.ttainment area to offset an emission increase
fi'om another new of modified facility? ....................................................................... : ................. F1
7. Will you be developing, constructing, installing, or altering a pu.blie water system? ........................... [3
b)
Revlsefl 7/22/03
Will your project involve the operation of waterborne tank vessels or oil bm'ges
that carry crude or non-crude oil as bulk cargo, or the transfer of oil or other
petroleum products to or fi'om such a vessel or a pipeline system.? .............................................. F1
Will your project require or include onshore or offshore oil facilities with an
effective aggn'egate storage capacity of greater than 5,000 barrels of crude oil
or greater than 10,000 barrels of non-crude oil? ............................................................................. E!
Page 3
~To
c)
Yes
Will you be operating faciliti~s on fl~e laud'or water for the exploration or production -
of hydrocarbons? ............ .......................................................................................................... IZI
Ifyou answered "NO" to ALL questions in this section, continue ~o next section.
J/you answered "YES" to ANY of these questions, contact the DEC office nearest you for information a~d
application forms. Please be advised that all new DEC permits and approvals require a 30-day public
notice period. DEC Pesticide permits take effect no sooner lhan 40 days after the permit is issued.
Based on your discussion with DEC, please complete th~ following:
Types of project approvals or pemfits needed
Date application submitt~
No
9. Does your project qualify for a general pennit for wastewater or solid waste? .................................... El El
Note: d general permit is an approval issued b), DEC for certain types of routine acti~,ities,
If you answered "YES" to any questions in this section and are not applying for DEC permits, indicate reasom
(DEC contact) told me on that no DEC approvals are required
__
on tiffs project because
El Other:
~ DEP.ART~T OF FISH AND GAM]~ (Di~G) APPROVALS
Yes No
I. Is your project located in a designated State Game Refuge, Critical Habitat Area or
State Game Sanctuary? ........................................................................................................................... lgl IZI
2. Does your project iuclude flee construction/operation of. a salmon hatchery? ....................................... 1'-!. [g[
3. Does your project affect, or is it related to, a previously permitted salmon hatchery? ......................... [2] ~
4. Does your project h~olude the oo~mtruefion of au aquatic farm? ...........................................................
If you answered "NO" to ALL questions in th/s section, continue to next section.
lfyou answered "Yes" to ANY questions under 1-4, contact the DFG Commercial Fisheries Division
headquarters for information and application forms
Based on your discussion with DFG, please complete the following:
Types of project approvals or permi~ needed
Date application submitted
If you answered "YES" to any questions in this section and are not applying for DFG permits, indicate reason:
_ (DFG contact) told me on . _~ ~ that no DI~'G approvals are required
o--n
this"project because ........
Fl Other:
Revised ?122103 Page 4
~ DEpA-RT~NT OF NATURAL RESOL~CES (DNR) A.PPROV~S
1. Is the proposed project on State-owned land or water or will you need to cross State-owned lmad
for access? ("Acee, s" include., temporary access for construction purposes. Note: In addition to State-o~,~d uplands, ..... Yes
the State owns almost all land below the ordinazy high ~,ater line of navigable strea,~, river, r and lakes, and below the
mean higI~ tide lh~e seaward for three miles.) ........................................................................................................
a) Is this project for a commercial activity? ........................................................................................ El
2~
Is the project on Alaska Mental Health Trust lm~d (AMHT) or will you need to cross AMItT lined?
Note:/llaska Mental Health Trust land is not considered.State land for the purpose of /ICMP revie~,s ................................. I-I
Do you plm~ to dredge or otherwise excavate/remove materials on State-owned Imud? ....................... 1'3
Location of dredging site if different than the project site:
Township~ Rang~~ Seetion~ Meridian~ USGS Quad Map
1
Do you plan to place fill or dredged material on State-owned land? ..................................................... El
Location of fill disposal site if oilier fllm~ fl~e project site:
Township Range~ S~cfion~ Meridian~ USGS Quad Map
Sourc, is Oil: D State Lm~d [~] Federal Land I~l Private Land D Municipal Land
5. Do you plm~ to use any of the following State-owned resources: .......................................................... 1"1
E1 Tbnber: Will you be harvesting timber? Amount:
El Materials such as tacit, sand or gravel, peat, soil, overburden, etc.: ...............................................
Which material? Amom~t:
Location of source: [3 Project site lei Off, er, describe:
Townships______ Rang~~ Se¢fion~ Meridian USGS Quad Map
6. Are you plannh~g to divert, impound, wifl~draw, or use any fresh water, except from an existing
publi~ water system or roof rah~ catchment system (regardless of land ownership)? ...........................
Amount (maximum daily, not average, h~ gallons per day):
Source: Intended Use:
If yes, will your project affect the availability of water to anyone hol~th~g water rights to
7. Will you be building or altering a dam (regardless of lm~d ownership)? ............................................... El
.
8. Do you plan to drill a geothermal well (regardless of land ownership)? ...............................................
9~
At any one site (regardless of land ownership), do you plata to do may of the following? .................... l"l
El Mine five or more acres over a year's time
171 Mine 50,000 cubic yards or more of materials (ro¢l.q sand or gravel, soil, peat, overburden, etc.)
over a yem"s time
E! Have a cumulative unreelaimed mined area of five or more acres
If yes to any of tl~e above, contact DNR about a reelmnation plan.
If you plan to mine less than flee acreage/amount stated above and have a cumulative unreclaimed
mined area of less than five acres, do you intend to file a voluntary reeI .muation plan for approval? .. E1
10. Will you be exploring for or extracting coal? . .................................................................................. El
1 I. a) Will you be exploring for or producing oil and gas? ......................................................................... El
b) Will you be conducting surface use activities on an oil and gas lease or wifl~in an oil and gas unit?El
I2. Will you bo investigating, removing, or impacting historical or archaeologicaI or paleontological
resources (anything over 50 years old) on State-owned Imid? ...............................................................
No
[3
Revised 7122103 Page 5
13. Is the proposed project located within a lmown geophysical hazard area? ........................................... F'I
Note: 6 A/lC 80.900(9) defin~ geopl~. ~ical hazard areas ax "tho~e areas whicl~ pre~ent a threat to life orproperO~ fl.om
geophy.~ical or geological hazards, includingflooding, t~nami run-up, storm surge run-up, landdides, snowslides, faults,
ice hazardg, ere.don, and littorai beach process." "k, own geophysical hazm'd area" mean~ any area identified in a report or
mappublished by a federal, state, or local agency, or by a geological ar engineering cansztltingfirm, or generaH), knmm by
local Immeledge. as havh~g know~ or potential hazards from geologic, seismic, or hydrologic processes.
14. Is tl~e proposed project located in a unit of the Alaska State Park System? ..........................................
15. Will you be working in, removing water or material from, or placing anything in, a stream, river
or ]alee? (This includes work or activities below th.e ordinary high water mark or on ice, in tim active flood plain, on islands,
in or on the face of tim banks, or, for streams entering or flowing tkrough tidelands, above 1tm level of mean lower low tide.)
Note: I/the proposed project is located within a xpecialjlood hazard area, a floodplain development permit may be r~quired.
Contact the affected ciO, or borough planning department for additional #~ormation and a floodplain determh~ation.} ............
Name ofwaterbody:
16. Will you do any of the following: .......................................................................................................... ~
.Please indicate below:
El Build a dam, fiver training structure, other
instream impoundment, or web'
El Use the water
El Pump water into or out of stremu or lake
(including dry clmnnels)
lEI Divert or alter the natural stream channel
1--! Choaage the water flow or floe stream charmel
El hatroduce silt, gravel, rock, petroleum
products, debris, brush, trees, chemicals, or
other organic/inorganic material, ineludhag
waste of any type, into the water
13 Alter, stabilize or restore the banks of a river,
stream or lake (provide number of linear feet
affected along the bank(s)
12 Mine, dig in, or remove material, includhag
woody debris, from the beds or bm~ks of a
waterbody
El Use explosives in or near a waterbody
E! Build a bridge (including aaa ice bridge)
El Use the stream, lake or waterbody as a road
(even when fi'ozen), or cross the stream with
a'aeked or wheeled vehicles, log-dragghag or
excavation equipment (bac 'khoes, bulldozers,
etc.)
El Install a culvert or other drainage structure
El Construct, place, excavate, dispose or remove
any material below the ordinary high water of
a waterbody
E1 Construct a storm water discharge or drain
into the waterbody
~ Place pilings or anchors
El Construct a dock
El Construct a utility line crossing
I~ Maintain or repair an existing structm-e
El Use m~ instream in-water'structure not
mentioned here
If you answered "No" to ALL questions in this section, continue to next section.
If you answered '~¥es'~ to ANY questions under 1-16, contact the Area DNR, office for information and
application forms.
Based on your discussion wifl~ DNR, please complete the following:
Types of project approvals or permits needed
Date application submitted
If you answered "YES" to any questions in this section and are not applying for DNR permits, indicate
l'easoil:
CD~ contact) told me on that no DNR approvals are required
on this project because
Revised 7122/03 Page 6
r
1 FEDERAL APPROVALS
U.S. Army Corps of Engineers (COE)
1. Will you be dredging or placing structures or fills in any of the following:
Yes
tidal (ocean)waters? streams? lakes? wetlands*? ................................................................................. 1~t
If yes, have you applied fora COE pemfit? ....~...~.&....o..Y...o...-..g..r.~.~.~....q...zT....~..~..'f.E.~!.q..,f..~.. ..... El
Date of submittal:
(Note: ]'our application for this activity to the COE also servez as application far DEe"Water Qu'a"liO, CertifiCation.)
*If you are not certain whether your proposed project is #~ a wetlands O~,etlands #,cl,tde nn~. kegs}, contact the COEo
Regulato~3, Branch at (907) 753-2720 fo~' a ~,etlands determination (outside the Anchorage area call toll free 1-800-478.2712).
Bm'eau of Land Management (BLM)
2. Is tho proposed project located on BLM land, or will you need to cross BLM land for access? .......... 121
If yes, have you applied for a BLM permit or approval? ................................................................ 12
Date of submittal' . .........
U.S. Coast Guard (USCG)
3. a) Will you be constructing a bridge or causeway over tidal (ocean) waters, or navigable rivers,
streams or lakes? .............................................................................................................................. El
b) Does your project involve building m~ access to an island? ............................................................ "'
c) Will you be siting, constructing,'or operating a deepwater port.9 .................................................... "
If yes, have you applied for a USCG permit? ........................................................................... E!
Date of submittal'
U.S. Environmental Protection Agency (EPA)
4. a) Will the proposed project have a discharge to any waters? .............................................................
b) Will you be disposing of sewage sludge (contact EPA at 206-553-1941)? .................................... El
If you answered yes to a) or b), have you applied for an EPA National Pollution Discharge
Elimination System (NPDES) permit? ....~..Kz...~....~...,$..:.~....ff.g'..~. ....................... ~ ........................ El
Date of submittal:
(7tote: For information regarding the need for an NPDES permit, contact ~PA at (800) 424-4372.)
c) Will construction of your project expose 5 or more acres of soil? 07~ts applies to the total amount of
land disturbed, even if disturbance is distributed over more than o,e season, and also applies to w'eas that are part of
a larger common plan of development or sale.} ................................................................................................ I"]
d) Is your project an industrial facility which will have stormwater discharge which is directly
related to mmmfaeturing, proeessk~g, or raw materials storage areas at an industrial plm~t? .........
If you answered yes to c) or d), your project may require an NPDES Stormwater permit.
Contact. EPA at 206-553-8399.
Federal Aviation Administration (F~)
5. a) Is your project located within fiv. e miles of any public airport7 ..... ' ............ ' '. ...................... ID
b) Will you have a waste discharge that is likely to decay wifl, in 5,000 feet of any public airport? .. El
If yes, please contact the Airpm~s Division of the FAA at (907) 271-5444.
Revised 7/22/03
Federal Energy Regulatory Commission (FERC)
6. a) Does the project h~clud¢ any of the following:
1) a non-federal hydroelectric project on any navigable body of water ........................................ ID
2) a Ioeation on federal land (including Ia-m~smission lines) ......................................................... El
3) utilization of surplus water from any federal government dm~ ................................................ [2]
b) Do~s the project include construction m~d operation, or abandonment of natural gas pipelh~e
facilities m~der sections (b) and (c) of the Federaln Power Act (FPA)? ....................................... ~.. 12]
Page 7
No
ID
Yes
DOes tho project include construction for physical intercom~ection of electric trm~smission
faeilities under section 202 (b) of the FPA? .................................................................................... 1'3
If you answered yes to any questions under number 6, have you applied for a permit from
FERC? ....................................................................................................................................... El
Date of submittal:
(Note: For h~ormation~ contact FERC, Office of Hydropm~,er Liceming (202) 219.-2668; Office of Pipeline
Regulation (202) 208-0700; Office of Electric ]Jm~r Regulation (202) 208-J200.)
U.S. Forest Sera,ice (US~s)
7. a) Does the proposed projeC~ involve construction on USFS land? ....................................................
b) Does fl~e proposed project involve the m'ossing of USFS land with a water line? .....
If the mmwer to either question is yes, have you applied for a USFS permit or approval7 ...... El
Date of submittal: .
Have you applied for mv off, er federal permits or authorizations? ....................................................... F1
AGENCY APPROVAL TYPE DATE SUB~D
No
E]
E]
Please be advised thai the CPQ identifies, permits subject'to a consistency review. You may need additional
permits from other agencies or the affected City and/or borough government to proceed with your activity.
Certification Statement
The information contained herein is true and complete to the best of my knowledge. I certify that the proposed
activity complies with, and will be conducted in a mamaer consistent with, the Alaska Coastal Management
Progrmn.
$i~aturgofApplieant or
Date
Note: l~'~deral agencies eonduetilag a~n activity that Will a~eet the'";0astal ~one a~e r&-q'~ired ~c~ submit ~ ~deraI
consistency detm'mination, per 15 CFR 930, Subpart C, rather than this certification statement.
[ACMP has developed a guide to assist federal agencies with this requirement Contact ACMP to obtain a
This omtifieation statement will not be complete until all required State mad federal authorization requests
have been submitted to the appropriate agencies.
I To complete your packet, please attach your State permit applications and copies of your federal permit
applications to this questionnaire.
Revised 7122/03 Page 8
SITE PLAN:
TOP
[1
I
!
TITLE BLOCK
__
KPB Parcel No. ~q~/~/oG
Sheet _/ ~_ of ~ Date:_
Scale: one square
= ~ feet
'o~{ XV~
Ia: O§'Z:[ :N:O[ Z;o-gl-a:a:s
SITE PLAN: ELEVATION OR SIDE VIEW
· i" ~' I i ' I' i'' ; I i i i I 'i ~ i ....... I ' I ! t ~ 'i ..... I "' : ~' J i
........ ! ........... , ......... ~ ............ ~ ........... J ............ ~ ............ . .......... ~ .......... ~ ...... , .................. , .......................... ~ ............. I ............. : ........... i .......... t ............. I .......... ~ .......... ~ ....... ; ................... , ......................... ~ ........... , ........... , ......... ,
' i i : ~ ~ , i ' I · ~ ~ · ' ·
...... ~ ...... ,- .... ~ ...... ~ ....... , ............ , ................. ~ ........ ~ ....... . ........... r ...... . f ..... ,'~-, ........ ,~- ..... :--~ ..... T .......... , ........... , ............ , .................. ~ ........ , ............ , ......... F .......
· t ~ ~ ' : ~ ' : ~ ~ ' ' ' i ~ · : ' ~
........ ~ .......... * ....... 4 ............. J ........... ~ .............. i ........................ ~ ....... ; ...... l ........ , ............ i ..................... ~ ......... ~ ............. ~ ........ ~ ............ ~ ................................ , ...... 4 .......... .: ........... J .............................................. ! ........... ~ ............ ] ........
, ~ ~ I ~ ..., ~.. ! I. , ..... ,.~ .... i.. ~_.~ . ! ~ , ~./, ; r r
................ I .............................. , ........... I .......... : .......... i ......... I .......... 1 .......... ~ ......... I ....... ' .............. t ...................... ~ ............................................................................... J ............................. ~ ...........
...................... q ~ j J ~ ~ :i ........................... [ ......... 'f ........ Tj ~' ......... i iti ...... ~ ...... I .... ~ .............. J i i' ............... ~ ....... ~ ................ ~ '? ....... J J J~ .................. J ............................. J ljl "~' .................., ~¢~z~ J~ ........................... ~
...................................... J' J ~ J ~~ J J ! , .J ~ :I' .......... ~, ........j~' .............. ,~ j j .'i ........... %j '. j '' q~' ....... . I ", j~t ..... 4 ' I .i'-'--T .......... ' ~---'~, J IJ ..... ~ .... ~I ~~ .~~~J ........ ~ ......... j ~ ,i , ~ ~, ..... : ..........
....... ~ ....... z ......... i~ .......... i ......... : .......... l ....... : ........ ~ ........ I ......... ! .......... ; .............. ~ ..... 'j ......... ~ ....... ~ ............ ~ ........ r .....................I- ~ ......... 1 ............. 1¢---I-- -*'7//~-~ ......... ~ ................... f
I i I :, i , ~ ~ ' ' ' ' , ,'- -' i ..... f r .........
--m-~'--~"f--l-~; ..... f ...... 7'--! ..... : ...... ~ .................. q ..... i .... = ..... ~ ...... I .... ~--'%:~. .... ffh~"f~--fl'---:~ .........
......... ~ ........... ! ........ ':':-7":L'. ....... -'! ....... t-'./?';'-''] ....... :':'"';'; .... ] ......... ;t;:'Z--~ ......... ~ ......... C ..... '2~:"'7 .......... ~ ............... I','77'-~ .......... ~";'"~ ....... ~' ....... ~¢ ....... I .... ~ ......... IJ'- .... ~ .... ~ ......... r .... ~ ....... 1 .........
, ~ ~ , . , , , I · , . ~: I · t t , ~ /~ · ~ , I ,
__~~._~. ........... ~ ...... .._~ .... . ....... _ ....................... ~ ......... . ....... ,
_ .___._ , , ._. . , ............ ... . .., , , ,
.[, . ~ ~ ~ , _, .. .,_ ~.- . .. ~. _ ...... ~ . .~., ,
..... ~[ ~___- ~_. ,~I~ ~1 1 I ~' ~__ . ~~ ................. ~ ....... ~ ........
~---~--~-~ ~ .... ~--~-T~ ..... ~ ~ ~ ...... , ~'~~'~~--- -;~ i- ..... ~.~-ff~._, ........
........ 1 ........ 1 ...... 1 ....... . ........ t ............. i ........... ~ ..... ] .......... ~ ...... ~ .............. ! .......... ;-"'[ ................ ! ........... i ....... ~ ...... : ........... ~ ............ ~ ......... ~ .......... I .............. ~ .......... ? .......... ~ .... ! ........ ~ ........ ~
......... 1 ................... ~ ................. ~ ............ '~ ............... r ..... ~ ........ ~ ....... ~ .....................
.......................................... -[ ~ ~ ! ~ ~ ......... ~ ........... ~ .............. I ............. :~ ~ ..................................... f ~ .................... , i ........... ' ........ ~ ............ z .....
. .,. ,.: . , ._: ..., , . .,,,.,
Additianal Oomments or Desc~Ptions'' ~~.~ ~~ ~ ~:~ ~~~~x~ ~,~ ~'~~~~ .,~~~.
_
~ · ~ ~ t .... , .,
...........
_.
. .
....
.
·
·
M ~ I'.~:1 i ~ :' ....
,-3 ~:~ "' . 0
..
~ · ~/~ ',~!
· - ~ ~J~
· ~0 ~ -.
09/23/02 I~[ON 11'20 FAX 2532726548 MANKE LU]['BER CO. !~001
.~._: ..... MA RIAL 'SAFEW DATA SHEET '
- . , ,_ ~ .... ~ .. ,,, . ,... _.:_- - ~ _. .... .~: , ,'
1. PRODUCT IDENTIFICATION
TRA. DE. NAMES
ACQ PRESSURE' TREATED WOOD
P_.R_~UCT CLAS~: NA
s_~YNONYM:~:
Pressure treated wo~ with Ammonia Copper Ouat
CAS # NA ·
MANUFAC~RER~S
SUPERIOR WOOD TREATING
1:~702 8~ ST EAST SUI~ER, WA. 9S390
EMERGENCY
253 38~2489
~SDS PRE~A_RATIO_N
BOO 426..84aa
October 9, 1997
CHENIC~I. NAME
OUAT (aa DDAc)
DIVALENT cOPPER (m Cuo)
INERT INGREDIENTS
· rJ~ ',.., &',.or..
2. COMPOSITION and INFO~ATION ON INGREDi~TS
7173.61.5
7~
NA
EXPO~UR~ UMr~8 IAi AIR
OSLNA
OTHER
NE
t.ni.-~nu~f
NE
ACQ PREE*q~URF~TREATED WI;;X~ MSDS PACI~ I OF t;
09/23/02 MON ll'20 F~X 2532?26545
~NKE LUMBER CO.
3. ~ IDENTIFI~TION
~uc~e~;' "~he~e are u~ually no= disab~ng, conJ~c~vitis {o~ eye~} can result from ~ld e~os~e
~o wood dust. .
ulce~sSlZ~ ~Sg~ION:. Ski~ absorption is possibl~ as a rasul~ o~ splinterin~, poss~ly cau~i~ ,kin
,
.
~N~ESTION: W~od ~~rS may r~sul~ ~ BauBle, v, miting, ~~~1 pa&n and ~arrhea.
· ad,~p~6n, inclu~~ lesions
H~TH ~~CTS __OR ~s~. ~ROM ~0S~ ~' ~lanatS_o~ in la~ t~r~* '
~: Can ~a~, s~v~re ~ffe=~ if ingm,~d, ~~~,
body. ~ges~ion o~ large ~o~t co~d be fatal. S~~o~ of acute e~osu~e ~nclud= nausea,
~azzh~a, and *~vere ~o~al
CBRONIC: chronic exposure could lead to dermatitis of the skin (red, irri~ated, cracked, and/or
pain£ul akin). Allergic skin responses can occur in =cnsitive people. Chronic exposure t:o any
wood dUSt could result in reduction of t/%e sense o~ smell.
PART, II ~nat should I do if a hazardous situation
4. FIR.~T-AID ~R~~S
sufficient force to open eye l~dA. ~av= Vic~ ~o11" eyu. ~n~~ f~ush~q i~ ~o= 15
Vic~ must seek ~e~a~e ~e~cal attention es~aci~y l~ ~Pli~t6~lng occ~ ~ ~c eye.
Vic=~ is not brma~n~, z~ve ~o frc~h air and uae orificial =mspira~on to suppozt vital
If AC9 pressure =meated wood is ~wallowed, cALL PHXSICIAN OR POISON CONTROL CENTER FOR HOST
C~~ .IRFO~TION. If pzofmss~onal advice is not available, Do NOT induce voicing. Never
induce vomiting or giv~ d~u~ts (~lk Or water) to ~ommone who iS ~cons~ou~, havin~
co~vu~sions., ..... 0r Wbg. oanno~ ~wa!!ow. '
...... .,. -- -.- . ,--_._ _-~-_L~ ...... _
Victim of chemical =Xpo~Ur~ and all rescuers must be %aken for medical attention. "~ake copy of
label and HSDS to ~hysician or hoalth pro~cssional with victim.
A0Q P~aUR~..TREATED WOOD MSDS PAQE 2 OF t
, .
09/23/02 ~[0N 11:21 FAX 2532726548
·
MANKE LUMBER C~.
5. FIPJ~-FIGHTING MEAS~S
1~003
...... ~_ ~F: less than 300F
~0dU~t::~W~XI"-~~ or contr~u~ to intensity o~ a fir~. Fir~ ~$~h~ing shoed ~e
~urxo~~ng ~
.
Wa=ac Spray: OK Carbon Dioxide: OK Fo~: OK
~~ P~TECT~ ~U~~. TOXIC ~~ '~Y BE ~~N OFF P~0~ B~ZNO W~D. '
~S~F~ & ~PLOSIOR ~5= ~N ~TED TO D~CO~SI~ION, THIS P~~CT ~' ~T TOXIC
a/reed at
6. ACC/DENTAL RELEASE MEAS~S
$~ZLL &~ L~.~~NSE: ACQ pre~u£e ~r.~ated ~od
Federal, snare, and local waste
PART III ow c~ I prevent hazarEous situations from occurring?
,
7. HANDL~G and STORAGE
~~ hand,the ACe presses t'~ea~d wo~d. Do ~o~ ca~ or ~ink while han~~ ~raated ~od.
indoor accusations o~ a~bo~= ~a~uot from treated ~od.
.
ACQ PREE;SURE.~TED WO00 MSI:~ PAGE 30f~ 6
09/23/02 MON 11'21 FA): 2532726548
09/Z3/0Z HO~ IO'ZB FA~ :*53 ~83 IO37
:g:tNKE LUi~IBER CO.
HANKE LUN~ER - SU~R ~ ~iLCtA/R
I.
·
~R~ IV Z$ there any other useful lnform'ation about this material?
11. TO~COLOG. ICAL INFO~TION
SUSPECTED CANCER AGENT
'T~'~:-:P£od-uc~, .& ingked~-ent, $ a=e found on ~he follow~g ~sts:
C02P~R N N N N
~DI~... CO~IIIONg A~~~TED BY EX~S~: I~ala~ion expos~e may aggravate
and~C0~TI~-COpper~ and -~at ~ P~S!~.~S:=o~o~ds~ Treat $~=o~.. Trea~ p~tentially, exposed vict~ for
.
12. ECO~I~ INFORMATION
t~ECT OF ~T~~ ON V~TS o~ ~~S: No ~recg effect
ar' ~egec~[c~ haS"b-e~ S~~=hd-'~~ ha~~ evidence to
~FF_ECTtarine li£e.'°F C~EMICAL ........... ON A~DATIC. .......LIFE-. No evidence has proven pressure trea=ed w~od decrlmental. -- to
13. DISPOSAL CONSID~TIONS .
'REPAYING.WASTES FOR DISPOSAL: Waste disposal ~ust be in accordance wi~ aPR~opriate Feder~,
{~e~:-'and ~oc-al--'r&~l~on~'~-- T~= pr~uct, i~ u~ltered ~ the handling, ~y be disposed o~ b~
~eans of a ~anitary landf~ll ~acility o~ as a~vised by your loual was~ rm~ator~ au~ority.
:_pA ~T_E ~ER: ~
..... ..
TRETED~ DEFINED BY 4~ CeR [72 101 BY
~$ ....... ~ ....... ' TIiE U.S, DEP~T~NT
mmmmmmmm~m~.m, mmmm~mmmmmm ~mm~d~m~ ~,mm-~m ~w~ m m,m dm mm mm,
09/23/02 I~ON 11'22 FAX 2532726548
·
t~ANKE LU.~IBER CO.
l~uoo5
o$
8. EXPOSURE CONTROLS - PERSONAL PROTECTION
V~TIL~TION & ENGINSERINH CONTROLS' Use ~i~h adm~at~ v~ntilatio~. U~e a m~cha~Cal ~=n ur
,
~S~I~TOR~ PROTgeTIO~; Indu,triai hygien~ monigoring ahould ~a ~e~orm~d to v~rif~
Dus= ma~k r~ir~d under rou=ine condiBions o~ u~e where saw~g or machinin~ of woo~ ~y occur,
HAND PROTECTION: U~c appropria=m gloves f=r th= task. Under normal conditions, ~o~r leath=r o=
'~ab=~c g'lo-V-e$~hen ha~l~ p=essure ~reated wood. Ho~%~z, vinyl, ~ol~inyl chloride, n~oprene,
f=eshly ~rea~d b~~ at the ~r~a~=nt pl~t. ~ways check gloves ~or leaks an~ ~igns 0f
d=~=ziora~on, wash ~ds after =emov~g gloves. ' ' '
~o~~'r-~'~i~ ..... a&ceptable. H0~ver, ch~cal pcogeot!ve clo~ng ~de fr~ vinyl, pol~inyl
chloride, neoprene, B~-N, ~tur~ z~b~r, and palye=hyLe~e arm genmr~y acceptable during
=r=a~i~g procms~ and u~n handling frms~y ~eated l~~r.
.
..........
- Ill l
9. ~YSI~ and CHEHI~ PROP~TIES
~roper~ic'~-;--H°w TO DETECT .... TRIS__. SUBSTANCE_ ......... {Wa£ninq properties_ )..- This produ=t has no unusual wa=ning
10. STABILITY and REACTIVITY
STABILITY- s~able
GONDI~ON.S. _'~__ _AV..OZD: OEE. N FLAMES WILL CAUSE PRODUCT TO DECOMPOSE, POSSIBLY PRODUCIN~
HONOXZDg AND ~N DIOXIDE. CONBITIONS WHICH CAN GENERAT~ HAZARDOUS CONDITION~ MAY OCCUR IN THE
~SH CONTENT AS A RESULT OF OPEN ~URNZNG O~ ACQ PRE~$URg TREATED WOOD.
AVOID,.: o~ r~~ l
. __
~9/~/02 ~ON ll:22, F~A~ 25~2726548
·
i~!ANKE LUMBER CO.
15 . REG~~RY iNFORMaTION
o 006
06
SARA REPORTING. RE~OIBJ~MEN, ,T.S.: THIS PRODUCT IS NOT SUBJECT TO THE REPORTING REQUT-RR)~ENTS OF
~3 OF TITLE ~I~ O~ THE SUP~RF~D ~~~NTS ~D R~UTHORI~TION ACT.
T~~ I~~T~RY~$TATU~: Th~ ~~cals ~n this product ~ NOT lis=e~ on t~= TsCA
c~.IF,9~1% ~RO~OSITION 65' This produc~ ~oc~ not contain a product ~o~ to th= State
~iifornia "~0"'cause'"Can~e~. However, The Intmr~ational ~ency for u~e Research on Cancer
H~~e in a well ventilated area. ·
,
L~eling of ~ood products should be consistent with the re~ir~ents fo~d in 29
C~ 1910.1~00 of
,
16. ~ ~~TI~
PP~EPARED BY: CHEMICAL SPECIALTIES
ONE WOODLAWN G.R~EN ST;. 250
, 200 EAST WOODLAWN
C .HARLOTT;, N. C · 28217
.
not m~late to any process or to use with a~y o~hem materials. This info~ation is furnish=d
free of =harg~ and ia based on ~ata believed to ~e reliable as of ~e dace h=r=of. It is
in~end~d for use by p~mons posse~sin~ t=chni=al k~owl~go a~ ~oir own dimcr~tio~ end risk.
i.~_.~~g b~. ~Z in =onjuncci~fl Wi~ ~he us~ of this info~a=io~. No~i~g herein is ,~ he
cons=rued as a reco~enda~ion to infring~ a~y patents.
= 'l_j _n I m ...... i i
CENTER
514 Funny River Road · Soldotna, Alaska 99669 · (907) 260-4882 · F~
August 20, 2004
Mr. Robert Utrup
Inlet Fisheries, Inc.
Post Office Box 530
Kenai, Alaska 99611
~,>~;(.9~ 260-5992
RE:
KENAI PENINSULA BOROUGH HABITAT PERMIT KRC# 5387
Issued' August 20, 2004 Expires' December 31, 2005
Permit for Maintenance of Wooden Bulkhead
Dear Mr. Utrup'
Pursuant to KPB 21.18, the Kenai Peninsula Borough (KPB) has approved your
request to maintain the existing wooden bulkhead along the left bank of the
Kenai River at River Mile 2.8 adjacent to Lot 2, Block 6, Kenai Spit Subdivision,
Section 8, T. 5 N., R. 11 W, S.M., AK, (KPB Parcel I.D.' 049-101-06).
This project will involve maintenance work on an existing bulkhead that. was
authorized by Department of the Army (DA) permit POA-1984-245-2 on February
4, 1985. Your proposal calls for the replacement of the bulkhead with no
increase in project footprint.
This project is within the 50-foot habitat protection area and is allowable under
KPB 21.18.090(B); since the structure was in plaCe prior to the effective date of
the borough code and the improvements are built to the following minimum
requirements'
Ali areas disturbed bY the project activities shall be revegetated to a minimum of
the prior existing sod. Revegetation of any disturbed areas shall occur within
ordinary high water (OHW) to 50 feet back from OHW.
Alaska Department of Natural Resources
Division of Parks and Outdoor Recreation
Kenai Peninsula Borough
Planning Department
Alaska Department of Natural Resources
Office of Habitat Management and Permitting
KRC # 5387
Page - 2 -
No wood materials shall be treated with preservatives containing creosote or
pentachlorophenol. Any other wood preservative shall be applied through
pressure treatment rather than surface painting.
Erosion control techniques shall be employed to avoid the introduction of
sediments, contaminants, and other materials into the waters of the Kenai River
both during and after construction.
The Permittee is responsible for the actions of the contractors, agents, or other
persons who perform work to accomplish the approved plan. For any activity that
deviates from the approved plan, the permittee shall notify the Kenai River
Center and obtain written approval 'before beginning the activity.
In addition, the following conditions, which have been adopted pursuant to KPB
Ordinances 90-20 and 90-39, and 6 AAC 50 (Project Consistency with the
Coastal Management Program), are necessary to ensure project consistency
with the ACMP:
2.6 Mitigation - All land and water use activities shall be planned and conducted
to mitigate potential adverse impacts on fish and wildlife populations, habitats,
and harvest activities.
3.3 Erosion - Development and resource extraction activities shall be sited and
conducted to minimize accelerated shoreline erosion or adverse impacts to
shoreline processes. Developers shall retain existing vegetative cover in erosion-
prone areas to the greatest extent feasible and prudent. In cases where
development or other activities lead to removal of vegetation, eroSion shall be
prevented or, if it occurs, shall be remedied through revegetation or by other
appropriate measures.
!2.0(C)7 Fish and Wildlife Habitat - rivers, streamS, and lakes must be
managed to protect natural vegetation, water quality, important fiSh or wildlife
habitat and natural water flow.
12,4 Bank Stabilization - All bank cuts, fills and exposed earthwork adjacent to
a wetland or waterbody must be stabilized to prevent erosion and sedimentation
which may occur during or after construction. Bank stabilization measures shall
be designed and constructed to protect habitat values by including irregular bank
contours and insuring that nearshore water velocities do not increase.
KRC # 5387
Page - 3-
If l can be of any further assistance, please don't hesitate to call me.
Sincerely,
Kenai River Center Coordinator
~enai Peninsula Borough
CC'
Kenai River Center Staff
City of Kenai
STAFF REPORT
To: Planning & Zoning Commission
Date: August 27, 2004
Res: PZ04-39
GENERAL INFORMATION
Applicant:
Russ Robinson
& Ron Epperson
52781 Kenai Spur Highway
Kenai, AK 99611
283-7979
Requested Action:
Legal Description:
Street Address:
KPB Parcel No.:
Existing Zoning'
Current Land Use:
Land Use Plan:
ANALYSIS
Landscape Site Plan - Espresso/Donuts/Burger Kiosk
Lot lA, Deshka Subdivision
41 9 Frontage Road
04705501
CG - General Commercial
Commercial
Mixed Use
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 has a building permit for a 12x28-foot drive thru espresso/donuts/burger
kiosk that has been built on the corner of Lot lA, the location of Olga's Jewelry.
Applicant's site plan shows existing structure, parking, landscaping, access,
drainage, and snow storage.
Trash containers are not shown on the plans.
obscured location. Screening will be required.
Containers should be located in an
City Engineer: Drainage and snow storage appear adequate.
Building Official: Parking is adequate.
0439 Comment.doc Page 2
RECOMMENDATIONS
Plan as submitted meets the landscaping/site plan requirements and is approved
with the following requirement:
1. Any trash containers must be screened.
ATTACHMENTS:
1. Resolution No. PZ04-39
2. Application
3. Site Plan
CITY OF KENAI
PLANNING AND ZONING
LANDSCAPE/SITE PLAN REVIEW
RESOLUTION NO. PZ04-39
A RESOLUTION OF THE PLANNING AND ZONING ADMINISTRATION OF THE
CITY OF KENAI RECOMMENDING THAT THE ATTACHED
LANDSCAPING/SITE PLAN REVIEW BE APPROVED SUBJECT TO THE
FOLLOWING CONDITIONS:
WHEREAS, the attached Landscaping/Site Plan Review was:
· Received by'
Submitted by:
· Submitted for:
· Property Address:
Legal Description:
· Parcel No.:
Marilyn Kebschull, Planning Administration
Russ Robinson & Ron Epperson
Espresso/Donuts/Burger Kiosk
419 Frontage Road
Lot lA, Deshka Subdivision
04705501
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 and/or 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.
NOW, THEREFORE, BE IT RESOLVED, BY THE PLANNING AND ZONING
ADMINISTRATION OF THE CITY OF KENAI THAT THE LANDSCAPING/SITE
PLAN IS APPROVED WITH THE FOLLOWING REQUIREMENTS:
1. Any trash containers must be screened.
RevOlve, nd approved'
Date:
LANDSCAPING/SITE PLAN REVIEW
APPLICATION
,
...~ (Circle one)
X ' , >~~~ a. Common and scientific name of the planting materials to be
~~ ~,. usod ~n tho project.
~'b. Tgpical plantin~ details.
CC ~', IL R
TSH
C~
d.
Location of all planting areas and relationship to buildings,
parking areas, and driveways.
Identification and location of non-living landscaping materials to
be used.
Identification of on-site snow storage areas.
Drainage patterns.
go
Description of buildings, including building height, ground floor
dimensions, kinds of building materials, type of architecture
anticipated.
he
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.