HomeMy WebLinkAbout2005-04-27 Planning & Zoning PacketCITY OF KENAI
PLANNING & ZONING COMMISSION
AGENDA
CITY COUNCIL CHAMBERS
April 27, 2005 - 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.
2. *APPROVAL OF MINUTES:
a. *April 13, 2005
3. SCHEDULED PUBLIC COMMENT:
4. CONSIDERATION OF PLATS:
5. PUBLIC HEARINGS:
a. PZ05-13 - An application for an Encroachment Permit for an 11-foot side yard
encroachment for the property known as Lot 5, Ruby's Dazzling Scenic View
Subdivision (1308 Barabara Drive), Kenai, Alaska. Application submitted by Greg &
Cathy Zorbas, 1308 Barabara Drive, Kenai, Alaska.
b. PZ05-17 - A resolution of the Planning and Zoning Commission of the City of Kenai,
Alaska requesting that KMC 14.20.320(b) be amended to add a definition for "lot
coverage.
c. PZ05-18 - A resolution of the Planning and Zoning Commission of the City of Kenai,
Alaska supporting passage of an amendment to the definition of "parking space, private"
in KMC 14.20.320 to exclude garages and to require such parking spaces be at least nine
(9) feet wide.
d. PZ05-19 - An application for a Conditional Use Permit to operate a seasonal coffee kiosk
for the property located at 4905 Silver Salmon Drive (KN T05N R10W S07 PTN N1/2
NE1/4 & GLS 1 & 9 & SE1/4 NE1/4 LYING WEST OF SPUR HWY & EAST OF
KENAI RIVER & N&W OF SILVER SALMON RD EXCLUDING ILIAMNA VIEW
SUB & OBERTS PILLARS SUB ADDN ONE & OBERTS PILLARS SUB PART TWO
& THAT PARCEL DESCRIBED), Kenai, Alaska. Application submitted by Leslie Hall
dba The Arctic Fox, 44515 Gene Street, Kenai, Alaska.
6. OLD BUSINESS:
Agenda Page 2
April 27, 2005
7. NEW BUSINESS:
a. *PZ05-20 - An application for a Home Occupation Permit for a daycare for the property
known as Lot 3, Block 2 Deepwood Park Subdivision Amended (106 Wooded Glen
Court), Kenai, Alaska. Application submitted by Tanya Erwin, 106 Wooded Glen Court,
Kenai, Alaska.
ge
PENDING ITEMS:
a. PZ05-16 - An application to rezone the area known as Tract C, Daubenspeck Property
Subdivision, (170 Bridge Access Road), from suburban residential to general
commercial. Application submitted by John Hammelman, Chair, Planning & Zoning
Commission, City of Kenai, 210 Fidalgo Avenue, Kenai, Alaska. (Tabled until brought
back by Administration.)
9. CODE ENFORCEMENT:
10. REPORTS:
a. City Council
b. Borough Planning
c. Administration
11. PERSONS PRESENT NOT SCHEDULED:
12. INFORMATION ITEMS:
a. "Zoning Bulletin"- March 25, 2005
b. State of Alaska ACMP Review- Kenai River Mile 3.5, Mooring Buoy (Gillies)
13. COMMISSION COMMENTS & QUESTIONS:
14. ADJOURNMENT:
CITY OF KENAI
PLANNING & ZONING COMMISSION
AGENDA
CITY COUNCIL CHAMBERS
April 13, 2005 - 7:00 p.m.
1. CALL TO ORDER:
a. Roll Call
b. Agenda Approval
c. Consent Agenda
*All items listed with an asterisk (*) are considered to be routine and non-controversial by
the Commission and will be approved by one motion. There will be no separate discussion of
these items unless a Commission Member so requests, in which case the item will be
removed from the Consent Agenda and considered in its normal sequence on the agenda as
part of the General Orders.
2. *APPROVAL OF MINUTES:
a. *March 9, 2005
3. SCHEDULED PUBLIC COMMENT:
4. CONSIDERATION OF PLATS:
5. PUBLIC HEARINGS:
a. PZ05-11 - A resolution of the Planning and Zoning Commission of the City of Kenai,
Alaska, requesting that KMC 14.20.230(g) be amended to include an exemption for
certain state approved relative day care providers.
b. PZ05-12- A resolution of the Planning and Zoning Commission of the City of Kenai to
determine if Conditional Use Permit PZ00-34 for Bed & Breakfast, Hotel (Short-term
rentals) & Fishing Guide Service for the property known as Lot 17, Block 10, Valhalla
Heights No. 1, 5296 Kenai Spur Highway, Kenai, Alaska, should be revoked due to
failure to meet requirements of KMC 14.20.150 (g). Permit is held by Paul B. & Debra
M. Wilson d/b/a Family 1st Fishing Adventures & Lodging, 5296 Kenai Spur Highway,
Kenai, Alaska.
c. PZ05-14 - A resolution of the Planning and Zoning Commission of the City of Kenai,
Alaska requesting that KMC 14.20.320(b) be amended to add a definition for
condominium.
d. PZ05-16 - An application to rezone the area known as Tract C, Daubenspeck Property
Subdivision, (170 Bridge Access Road), from suburban residential to general
commercial. Application submitted by John Hammelman, Chair, Planning & Zoning
Commission, City of Kenai, 210 Fidalgo Avenue, Kenai, Alaska.
6. OLD BUSINESS:
7. NEW BUSINESS:
a. Request to rename Bluebell Lane, Black Gold Estates - Discussion and Recommendation
b. Amendment to Title 14 - Definitions - Lot Coverage- Discussion
c. Amendment to Title 14- Definitions - Parking Space, Private- Discussion
8. PENDING ITEMS:
e
CODE ENFORCEMENT:
a. Pending Code Violations Report
10. REPORTS:
a. City Council
b. Borough Planning
c. Administration
· 2004 CUP Yearly Reports
11. PERSONS PRESENT NOT SCHEDULED:
12. INFORMATION ITEMS:
a. Zoning Bulletin (2/10/05, 2/25/05, & 3/10/05)
b. State of Alaska, DNR, Notice of Preliminary Finding and Decision dated 3/3/05
c. KPB Comprehensive Plan Public Hearing Notice
d. Kenai River Center Project Tracking- Michael Blair- Replace Dock
e. Kenai River Center Project Tracking- William Bryant- Replace Dock
13. COMMISSION COMMENTS & QUESTIONS:
14. ADJOURNMENT:
CITY OF KENAI
PLANNING ~ ZONING COMMISSION
CITY COUNCIL CHAMBERS
APRIL 13, 200S - 7:00 P.M.
CHAIR JOHN HAMMELMAN, PRESIDING
MINUTES
ITEM 1'
CALL TO ORDER
Chairman Hammelman called the meeting to order at 7:00 p.m.
1-a. Roll Call
Members Present: B. Eldridge, N. Amen, C. Glick, J. Hammelman, P. Bryson, J.
Twa_it
Members Absent: J. Barrett
Others Present' Council Member Joe Moore, City Planner Kebschull, and Contract
Secretary B. Roper
1-b. Al/ienda Approval
MOTION:
Commissioner Amen MOVED to approve the agenda and requested UNANIMOUS
CONSENT. Commissioner Eldridge SECONDED the motion. There were no
objections. SO ORDERED.
Consent Agenda
MOTION:
Commissioner Eldridge MOVED to approve the consent agenda and requested
UNANIMOUS CONSENT. Commissioner Amen SECONDED the motion. There were no
objections. SO ORDERED.
ITEM 2'
APPROVAL OF MINUTES
Approved by consent agenda.
ITEM 3:
SCHEDULED PUBLIC COMMENT-- None.
ITEM 4:
CONSIDERATION OF PLATS-- None.
ITEM 5:
PUBLIC HEARINGS
PZ05-11 - A resolution of the Planning and Zoning Commission of the
City of Kenai, Alaska, requesting that KMC 14.20.230(g) be amended to
include an exemption for certain state approved relative day care
providers.
Kebschull noted the resolution is a result of a review of home occupation permits of
those individuals who provide day care to relatives. The State provides payments to
these individuals and because they receive payments, a home occupation permit is
required. This resolution will provide an exemption to those relative day care
providers.
Chairman Hammelman opened the public hearing; there were no comments.
hearing closed.
Public
MOTION:
Commissioner Bryson MOVED to approve PZ05-11. Commissioner Eldridge
SECONDED the motion.
VOTE:
Eldridge
Glick
Yes
Yes
Twait Yes
Amen
Yes
Yes
Barrett Absent
Bryson Yes
MOTION PASSED UNANIMOUSLY.
a-b,
PZ05-12 - A resolution of the Planning and Zoning Commission of the
City of Kenai to determine if Conditional Use Permit PZ00-34 for Bed &
Breakfast, Hotel (Short-term rentals) & Fishing Guide Service for the
property known as Lot 17, Block 10, Valhalla Heights No. 1, 5296 Kenai
Spur Highway, Kenai, Alaska, should be revoked due to failure to meet
requirements of KMC 14.20.150 (g). Permit is held by Paul B. & Debra
M. Wilson d/b/a Family 1st Fishing Adventures & Lodging, 5296 Kenai
Spur Highway, Kenai, Alaska.
Kebschull reported the Conditional Use Permit was issued in September 2000 and the
holder has failed to provide certification of compliance with taxes. The City researched
the issue and the owners sold out and moved from the area. The City has been unable
to make contact.
Hammelman opened the public hearing; there were no comments.
closed.
Public hearing
MOTION:
Commissioner Eldridge MOVED to approve PZ05-12 and Commissioner Amen
SECONDED the motion.
VOTE:
PLANNING & ZONING COMMISSION MEETING
APRIL 13, 2005
PAGE 2
Eldrid§e Yes Amen Yes
Glick Yes Hammlman Yes
Twait Yes
Barrett Absent
Bryson Yes
MOTION PASSED UNANIMOUSLY.
PZ05-14 - A resolution of the Planning and Zoning Commission of the
City of Kenai, Alaska requesting that KMC 14.20.320(b) be amended to
add a definition for condominium.
Kebschull noted this was basically a housekeeping effort as the Code did not define
condominiums.
Hammelman opened the public hearing; there were no comments.
closed.
Public hearing
MOTION:
Commissioner Bryson MOVED to approve PZ05-14 and Commissioner Twait
SECONDED the motion.
Bryson noted this was an item the Code was lacking and felt appropriate to
incorporate it into the Code.
VOTE:
Eldridge
Glick
Twait
Yes
Yes
Yes
Amen
Yes Barrett
Yes
Absent
Bryson Yes
MOTION PASSED UNANIMOUSLY.
S-do
PZ05-16 - An application to rezone the area known as Tract C,
Daubenspeck Property Subdivision, {170 Bridge Access Road), from
suburban residential to general commercial. Application submitted by
John Hammelman, Chair, Planning & Zoning Commission, City of Kenai,
210 Fidalgo Avenue, Kenai, Alaska.
Kebschull noted this rezone would prepare the Millennium Square for future
development. Adding, it would change from suburban residential to general
commercial.
Hammelman opened the public hearing; there were no comments.
closed.
Public hearing
MOTION:
PLANNING & ZONING COMMISSION MEETING
APRIL 13, 2005
PAGE 3
Commissioner Eldridge MOVED to approve PZ05-16 and Commissioner Glick
SECONDED the motion.
Commissioner Eldridge reported the KEDS Strategy Plan recommends this change as
it was felt the area would be more attractive to development and it also deals with
issues in the Comprehensive Plan.
Bryson stated he thought it was premature to rezone the area at this time without any
clear indication of what type of development would go in there. Bryson added, he
believed Council should be the entity who determines the use.
Commissioner Amen agreed the change would be putting the cart before the horse and
requested clarification on general commercial. Kebschull explained, general
commercial is not industrial but it would allow such uses as auto repair, etc.
Hammelman asked how the issue was put on the agenda and Kebschull replied
Commissioner Eldridge requested it. Eldridge stated, one of these days the
Commission would need to follow the Comprehensive Plan and that the Planning &
Zoning Commission is the entity who makes the first step to do that, not City Council.
Eldridge stated he felt the Commission should vote to make the change and if
necessary, it could be changed again depending on development. He added, he
believed if was not acted on now, it would be a missed opportunity.
Commissioner Glick asked if the Airport Commission had a plan for use in that area
and Kebschull replied they did not. Glick stated he thought waiting to see what the
Airport recommends was appropriate since a portion of the area is airport lands.
Eldridge asked if staff could provide the preliminary plans from the airport.
It was noted the public hearing would be re-advertised. Kebschull reported the airport
information will be included in the next meeting packet.
Eldridge withdrew his original motion.
MOTION:
Commissioner Eldridge MOVED to table PZ05-16 until the Airport Commission makes
recommendations as to the use of airport lands in the area. Commissioner Twait
SECONDED the motion.
VOTE:
Eldridge
Glick
Twait
Yes
Yes
Yes
Amen
Hammelman
Yes Barrett
Yes Bryson
Absent
Yes
MOTION PASSED UNANIMOUSLY.
PLANNING & ZONING COMMISSION MEETING
APRIL 13, 2005
PAGE 4
ITEM 6' OLD BUSINESS-- None.
ITEM 7:
NEW BUSINESS
Discussion/Recommendation -- Request to rename Bluebell Lane,
Black Gold Estates.
Kebschull reported this change is at the request of the Borough and their 911
enhancement system. Kebschull noted there are no residences or other streets in the
area. After discussion the Commission recommended Yarrow Lane as the new name.
7-bo
Discussion -- Amendment to Title 14- Definitions- Lot Coverage.
See Item 7-c.
Discussion ' Amendment to Title 14- Definitions- Parking Space,
Private.
For discussion purposes items 7-b and 7-c were combined.
Kebschull noted items 7-b and 7-c, like the condominium issue, is lacking in Title 14.
Discussion ensued regarding the size of the parking spaces and the Commission
recommended the standard width be nine feet (9'), allowing for two parking spaces
without the garage. Kebschull noted a public hearing would be scheduled for the next
Commission meeting.
ITEM 8'
PENDING ITEMS-- None.
ITEM 9'
CODE ENFORCEMENT
Pending Code Violations Report
Kebschull reported the City hired a new individual to handle code violations and he is
diligently working on those issues. Glick reported another junked vehicle and
Kebschull stated she would forward the information to the code enforcement officer.
ITEM 10: REPORTS
10-a. City Council -- Council Member Moore provided a report on actions
taken at the March 16 and April 6, 2005 City Council Meetings.
10-b. Borough Planning-- Commissioner Bryson provided a report on actions
taken at the March 14, March 28 and April 11, 2005 Borough Planning meetings.
10-c.
Administration -- Kebschull reported the following information'
PLANNING & ZONING COMMISSION MEETING
APRIL 13, 2005
PAGE 5
Referenced information items 12-d and 12-e and noted the Kenai River
Center will provide the tracking sheets when it involves the City of Kenai.
Responding to Commissioner Eldridge's comments regarding the
Comprehensive Plan, Kebschull stated it may not look like any progress is being made
but there is. She added, there were concerns with the overlays and the Attorney may
recommend an amendment.
Reported the Airport Commission is meeting again on April 14 and May
12, 2005. The meeting on April 14 will include a discussion with the consultants.
ITEM 11:
PERSONS PRESENT NOT SCHEDULED -- None.
ITEM 12:
INFORMATION ITEMS
12-a.
Zoning Bulletin (2/10/05, 2/25/05, as 3/10/05)
12-b.
State of Alaska, DNR, Notice of Preliminary Finding and Decision dated
3/3/05
12-c.
KPB Comprehensive Plan Public Hearing Notice
12-d.
Kenai River Center Project Tracking- Michael Blair- Replace Dock
Kenai River Center Project Tracking- William Bryant- Replace Dock
ITEM 13:
COMMISSION COMMENTS & ~UESTIONS
ITEM 14:
ADJOURNMENT
MOTION:
Commissioner Eldridge MOVED to adjourn and Commissioner Bryson SECONDED the
motion. There were no objections. SO ORDERED.
The meeting adjourned at approximately 8:04 p.m.
Minutes transcribed and prepared by:
Barbara Roper, Contract Secretary
PLANNING & ZONING COMMISSION MEETING
APRIL 13, 2005
PAGE 6
STAFF REPORT
To'
Date:
Planning & Zoning Commission
2/16/05
Res: PZ05-13
GENERAL INFORMATION
Applicant:
Requested Action:
Legal Description:
Street Address:
KPB Parcel No.:
Existing Zoning:
Current Land Use:
Land Use Plan:
Greg & Cathy Zorbas
1308 Barabara Drive
Kenai, AK 99611
283-7775
Encroachment Permit - Side Yard Setback
Lot 5, Ruby's Dazzling Scenic View Subdivision
1308 Barabara Drive
04912058
RR - Rural Residential
Residential
Rural Residential
ANALYSIS
General Information:
KMC 14.20.185 details the definition, intent, and permit application process
for Encroachment Permits. Code also lists the review criteria that should be
considered by the Planning and Zoning Commission when determining if a
permit should be granted. The Commission is to establish that the following
conditions exist before issuing an Encroachment Permit'
·
1
An encroachment as defined in KMC 14.20.1 85 (a) exists.
The encroachment does not encroach upon a Federal, State or
City right-of-way or utility easement.
The issuance of the encroachment permit will not authorize a
use which is a not a principal permitted use in the zoning district
in which the property is located.
The encroachment is not located across a platted lot line.
Applicant applied for a building permit in October 1998, for a single family
0513 Comment.doc Page 2
dwelling with garage. In August 2004, the Building Official noticed a
carport-type structure had been built without a building permit. The Building
Official notified the applicant that a building permit and a new as-built survey
would be required to verify the carport had not been constructed in the side-
yard setback. Based on the preliminary drawings provided by the applicant it
appeared the structure was encroaching into the side-yard setback. The
applicant was instructed to obtain an Encroachment Permit.
On October 5, 2004, an application for the encroachment permit was
received from the applicant. Upon review of the application, the applicant
was notified his Encroachment Permit could not be processed until a new as-
built was submitted verifying location of all structures on the lot. It
appeared the carport may have been constructed in the 10-foot utility
easement and would require a vacation from the Kenai Peninsula Borough. In
January, the applicant submitted the updated as-built. This as-built verified
that the carport was constructed in the utility easement. The new as-built
shows the 1 8.5-foot X 28.4-foot carport on piling foundation encroaches 11-
feet into the side-yard setback.
The applicant was advised that the encroachment permit could not be
processed with the structure in an easement and they would have to apply to
the Borough to vacate the easement. It was also suggested the applicant
not move forward with any more construction of the carport until the
vacation was obtained.
In January 2005, applicant provided a copy of his petition he had submitted
to the Kenai Peninsula Borough to vacate the 10-foot utility easement on his
property.
On February 14, 2005, the Kenai Peninsula Borough approved Mr. Zorbas'
petition to vacate the 10-foot utility easement. After receiving information
from the Borough that the vacation had been approved, the encroachment
application was reviewed. The as-built received on January 5, 2005 shows
a 12'X12' shed built across the side lot line. The City of Kenai requires
building permits on all detached accessory structures over 120-square feet
(10'X12'). Kenai Municipal Code 14.20.200(a)(2) requires setbacks be
maintained if a structure requires a building permit. This structure is not
eligible for an encroachment because it is built across a platted lot line.
City En.qineer' No additional comments.
_
Buildinq Official' Verified no larger encroachment is needed for carport.
However, a building permit will be required for storage shed and the shed
must be moved to meet setback requirements.
0513 Comment.doc Page 3
RECOMMENDATIONS
The application for this encroachment meets the general requirements of
KMC 14.20.185. However, the Commission must consider whether or not
the request is excessive. Had the applicant applied for a variance, it is
believed the request would have been considered excessive and denied. The
applicant's comment that he, "had no choice..." does not appear accurate.
There is sufficient room on the lot to meet the setback had the carport been
placed towards Barabara Drive.
Kenai Municipal Code 14.20.080 defines the intent of the rural residential
zone as'
"The RR Zone is intended to provide for Iow density residential
development in outlying and rural areas in a form which creates a
stable and attractive residential environment. The specific intent .in
establishing this zone is:
(1) To separate residential structures to an extent which will:
(i) Preserve the rural, open quality of the environment"
That is why the rural residential zones require larger lots with larger side
setbacks.
It would appear that an 11-foot encroachment into a 15-foot setback is
excessive. Recommend denial.
If the Commission should determine that the encroachment meets the
requirements of KMC 14.20.185 and grant the request, recommend that
prior to the permit being granted that the applicant be required to'
·
Apply for and receive a building permit for the carport.
Apply for and receive a building permit for the shed.
Move shed to meet the side-yard setback of 1 5-feet.
ATTACHMENTS'
1. Resolution No. PZ05-13
2. Application
3. As-builts
KENAI, ALASKA
CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION NO. PZ05-13
ENCROACHMENT PERMIT
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF
KENAI GRANTING A REQUEST FOR AN ENCROACHMENT PERMIT TO:
NAME: Greg and Cathy Zorbas
USE 11-foot Side Yard Setback
LOCATED 1308 Barabara Drive- Lot 5, Ruby's Dazzling Scenic View Subdivision
(Street Address/Legal Description)
KENAI PENINSULA BOROUGH PARCEL NO' 04912058
WHEREAS, the Commission finds:
.
,
o
That an application meeting the requirements of Section 14.20.185 (c) has been submitted
and received on: March 9, 2005
This request is on land zoned: RR- Rural Residential
That the applicant has demonstrated with plans and other documents that they can and will
meet the following specific requirements as set forth in Section 12.20.185 (d):
a. An encroachment as defined in KMC 14.20.185 (a) exists.
b. The encroachment does not encroach upon a Federal, State or City right-of-
way or utility easement.
c. The issuance of the encroachment permit will not authorize a use, which is
not a principal permitted use in the zoning district in which the property is
located.
d. The encroachment is not located across a platted lot line
That a duly advertised public hearing as required by KMC 14.20.280 was conducted by the
Commission on: March 9, 2005.
Applicant must comply with all Federal, State, and local regulations.
NOW, THEREFORE, BE IT RESOLVED, BY THE PLANNING AND ZONING
COMMISSION OF THE CITY OF KENAI THAT THE APPLICANT HAS DEMONSTRATED
THAT THE PROPOSED DEVELOPMENT MEETS THE CRITERIA FOR SAID PERMIT
AND THEREFORE THE COMMISSION DOES AUTHORIZE THE ADMINISTRATIVE
OFFICIAL TO ISSUE THE APPROPRIATE PERMIT.
PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI,
ALASKA, APRIL 27~ 2005.
CHAIRPERSON: ATTEST:
0513 Res.doc Page 2
Additional requirements:
1. Apply for and receive a building permit for the carport.
2. Apply for and receive a building permit for the shed.
3. Move the shed meet the side-yard setback of 15-feet.
APPLICATION FOR ENCROACHMENT PERMIT
P~CEE:~ER, .
. .
¢c O, w
C CC CG(~RR-1 RR-2 RS RS-1 RS-2 RU R IL IH
Section 14.20.185 of the Kenai Municipal Code outlines regulations for Encroachment
Permits which is the relaxation of the Development Requirements Table to remedy
encroachments which do not fall under Section 14.20.050, nonconforming uses and which
satis~ the requirements of financial institutions subject to the following conditions: PLEASE
READ THE FOLLOWING, COMPLETE THE BLANKS AND INITIAL THE SPACE
AFTER THE ITEM NUMBER TO INDICATE THAT YOU HAVE READ AND
.UND~STAN.I) THESE CONDITIONS.
1. ~ [ An encroachment means any object or structure above or below ground and
constructed or located in a manner other than set forth in the Development
Requirements Table.
.
Provide a site plan of the property including location of all existing buildings,
fights-of-way or easements, setbacks, elevations, and any data pertinent to the
application.
A Public Notification and Heating is required before the issuance of this
permit. A $105.00 non-refundable deposit/advertising fee is required to cover
these notification costs. (Please see attached procedure sheet)
ADDITIONAL COMMENTS'
Signature of Applicant:
Additional Comments:
Lots in our subdivision are so narrow there was no choice but to crowd the property line.
I know I am not the first to apply from our subdivision.
I did talk to my neighbor before I built (when I started I thought I would be ok with this
because of the type of structure) he is ok with it. I talked with him about it because I
thought it was the fight thing to do.
The structure is built to fit with our house and look in place.
BARABARA DRIVE 60'
N 00'1_ 2'00" W 109.42'
TIL ESM'T1
[ '~ 173.
,,,_...¥i. 18.5, x 28.4, i 7'I
}'"-ii" CARPOR T I
~ i"'-,.,~,.-:77'-~ / /A
CD=f_J'- / PAVED
/
/ w/
LOT 4 / . S
12'x12'
SHED
18.2'
FRAME HOUSE
23.5'
R/W
5'x25' UTIL. ESM'T
Z
LOT 6
ENCROACHMENTS:
1) 12'x12' Shed not on permanent foundation
encroaches upon adjoiners property 5'.
2) Portion of Carport on piling foundation encroaches upon
I0' utility easement 6'.
nd
DECK
--.-__ T.~OP...._OF B.._.~ANK
LOT 5
1.000 AC.
S 00'00'00" E 102.20'
UNSUBDI~VIDED
LEGEND AND NOTES
Found 5/8" Rebar w/2" Al. Cap
A Septic Vent
Well
I ) The bearings and distances shown hereon
relative to thc property boundaries were derived
from data of record.
SCALE
1''= 50'
Prepared For:
Greg Zorbas
1308 Barabara Drive
Soldotna, AK 99669
Recertification: Oct. 14, 2004
_~.' '..~ -~
~ ¢ '.. M. SCOTT McLANE ..' ~
~. ¢>~'"-. 4928-S .'"'&~
AS-BUILT SURVEY
I hereby certify that ! have surveyed the following described property:
LOT 5 RUBY'S DAZZLING SCENIC
VIEW SUBDIVISION
located in tile KENAI Recording District. Alaska, and that tile
improvements situated thereon arc within thc property lines and do
not overlap or encroach on thc property lying adjacent thereto, that
no improvements on tile property lying adjacent thereto encroach on
thc premises in question and that there arc no roadways, transmis-
sion lines or other visible casements on said property except as in-
dicated hereon.
D~Icd: April 29, 1999
McLANE TESTING
Engineers, Surveyors and Planners
P.O. Box 468 Soldotna, AK 99669
EXCLUSION NOTE: It is the responsibility of thc owner to
determine thc existence of any casements, covenants or restrictions
which do not appear on thc recorded subdivision plat. Under no
circumstances should any data hereon be used for construction or
for establishing boundary or fence lines.
Job No: 041060 Field Book No. 99-09-21
SO0'1 2'O0"E
BARABARA DRIVE
60' R/W b~
I~ x~x
I~.[ 173.7'
I ', / I a
I I / I a
/ ~
I / J~ DECK W/
LOT 4 ~ ,' 12'-]21 STEPS
23.5'
LOT 6
GM( _
182'
gl U/ CONST.
DECK~
LOT 5
1. 000 AC. ~,~%~ I I ·
I h~rcby c:~ify that I have su~cycd tDc follo~in~ described propc~y:
102.20' LOT 5 ~UBY'S DAZZLING SCBNIC
UNSUBDIVIDED VIBW SUBDIVISION
SCALE
1" = 50'
LEGEND AND NOTES
Found 5/8" Rebar w/2" Al. Cap
Septic Vent
Well
i) The bearings and distances shown hereon
relative to the properly boundaries were derived
from data of record.
?rcpared For: Greg Zorbas
P.O. Box 3384
t~' / Soldotna, AK 99669
located in the KENA! Recording District. Alaska, and that the
improvements situated thereon are within the properly lines and do
not overlap or encroach on the property lying adjacent thereto, that
no improvements on the property lying adjacent thereto encroach on
the premises in question and that there are no roadways, transmis-
sion lines or other visible easements on said property except as in-
dicated hereon.
Dated: April 29, 199t~
McLANE TESTING
Engineers, Surveyors and Planners
P.O. Box 468 Soldotna, AK 99669
EXCLUSION NOTE: It is the responsibility of the owner to
detennine the existence of m~y easements, covenants or restrictions
which do not appear on the recorded subdivision plat. Under no
circumstances should any data hereon be used for construction or
for establishing boundary or fence lines.
Job No: 981055 Field nook ~o. 99-09-21
Subject
parcel
KENAI, ALASKA
CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION NO. PZ05-17
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF
KENAI, ALASKA REQUESTING THAT KMC 14.20.320(b) BE AMENDED TO ADD A
DEFINITION FOR "LOT COVERAGE"
WHEREAS, KMC 14.20.320(b) contains the definitions for the Kenai Zoning Code;
WHEREAS, there is no definition for the term "lot coverage" in KMC 14.20.320(b);
WHEREAS, the term "lot coverage" is used in the Development Requirements Table;
WHEREAS, the term "lot coverage" should be defined in order to clarify the Development
Requirements Table.
NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION
OF THE CITY OF KENAI, ALASKA, that KMC 14.20.320(b) be amended to include a definition
of "Lot Coverage" as follows:
(b) Specific Definitions:
"Lot coverage" means that portion of the lot covered by buildings or
structures that require a building permit."
PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI,
ALASKA, this 27th day of April, 2005.
CHAIRPERSON: ATTEST:
KENAI. ALASKA
CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION NO. PZ05-18
A RESOLUTION OF PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI,
ALASKA SUPPORTING PASSAGE OF AN AMENDMENT TO THE DEFINITION OF
"PARKING SPACE, PRIVATE" IN KMC 14.20.320 TO EXCLUDE GARAGES AND TO
REQUIRE SUCH PARKING SPACES TO BE AT LEAST NINE (9) FEET WIDE
WHEREAS, the definition of"Parking space, private" contained in KMC 14.20.320(b) is "any
automobile parking space not less than one hundred eighty (180) square feet in area;"
WHEREAS, the definition of "Parking space, private" currently includes space in garages;
WHEREAS, including garage space in the definition of "Parking space, private" does not allow for
sufficient off-street private parking;
WHEREAS, a parking space covered by the definition of"Parking space, private" should be at
least nine (9) feet wide in addition to being a minimum of one hundred eighty (180) square feet.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA, that the definition of"Parking space, private" in KMC 14.20.320(b) is amended as
follows'
(b) Specific Definitions:
"Parking space, private" means any automobile parking space, excluding garages,
not less than nine (9) feet wide and one hundred eighty (180) square feet in total
area.
PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI,
ALASKA, this 27th day of April, 2005.
CHAIRPERSON: ATTEST:
STAFF REPORT
To: Planning & Zoning Commission
Date: April 7, 2005
Res: PZ05-19
GENERAL INFORMATION
Applicant:
Leslie Hall
The Arctic Fox
44515 Gene Avenue
Kenai, AK 99611
283-7739
Requested Action:
Legal Description'
Street Address:
KPB Parcel No.:
Existing Zoning:
Current Land Use:
Land Use Plan:
Conditional Use Permit- Coffee Kiosk
KN T05N R1 OW S07 PTN N1/2 NE1/4 & GLS 1 & 9 & SE1/4
NE1/4 LYING WEST OF SPUR HWY & EAST OF KENAI
RIVER & N&W OF SILVER SALMON RD EXCLUDING
ILIAMNA VIEW SUB & OBERTS PILLARS SUB ADDN ONE
& OBERTS PILLARS SUB PART TWO & THAT PARCEL
DESCRIBED
4905 Silver Salmon Drive
04937136
RR- Rural Residential
Vacant
Rural Residential
ANALYSIS
General Information:
KMC 14.20.150 details the intent and application process for conditional uses. The code
also specifies the review criteria that must be satisfied prior to issuing the permit. The criteria
are:
1. The use is consistent with the purpose of this chapter and the purposes and intent of
the zoning district;
2. The value of the adjoining property and neighborhood will not be significantly
impaired;
3. The proposed use is in harmony with the Comprehensive Plan;
4. Public services and facilities are adequate to serve the proposed use;
5. The proposed use will not be harmful to the public safety, health or welfare;
0519 Comment.doc Page 2
o
Any and all specific conditions deemed necessary by the commission to fulfill the
above-mentioned conditions should be met by the applicant. These may include, but
are not limited to measures relative to access, screening, site development, building
design, operation of the use and other similar aspects related to the proposed use.
Applicant is proposing to place a 12 X 16 foot espresso bar (coffee kiosk) on her son's property
located off Silver Salmon Drive. The structure will be moveable and removed every winter. The
proposal is to operate May through October of each year. This is a large, 47-acre, parcel that is
currently vacant. There is a driveway constructed and the proposal is to place the kiosk so
customers can drive through to access the business.
To issue the permit, the Commission must determine the following:
The use is consistent with the purpose of this chapter and the purposes and intent of the
zoning district- The Rural Residential zone is described in Chapter 14.20.080. The
intent of the zone is to provide for low-density residential development in outlying and
rural areas in a form, which creates a stable and attractive residential environment. The
specific intent is to separate residential structures to preserve the rural, open quality of the
environment and prevent health hazards in areas not served by public water and sewer
and to prohibit uses, which would violate the residential character of the environment and
produce heavy traffic in predominantly residential areas.
It does not appear that the proposed coffee kiosk will violate the integrity of the zone.
Being placed on the 47-acre parcel will provide separation from the neighboring
properties. Silver Salmon Drive is the access to the State Park, The Pillars. There should
be no additional traffic as result of the kiosk and the prospective customers are the
residents of the area and the users of the park.
The value of the adjoining property and neighborhood will not be significantly impaired.
The proposed seasonal, portable kiosk should not affect the value of the neighborhood.
The proposed use is in harmony with the Comprehensive Plan. The City of Kenai's
Comprehensive Plan was updated in 2003. The Plan denotes the proposed land use for
this parcel as Rural Residential consistent with the current zoning. Rural Residential is
defined in the Plan as, "The Rural Residential district includes areas that, due to location
or site conditions, are best suited for large-lot single-family residential development.
Homes in this district typically rely on individual on-site water supply and wastewater
disposal systems. Compatible institutional uses such as churches, schools, and daycare
facilities may be intermixed if they comply with zoning design guidelines. Small home-
based businesses may be accommodated within certain design guidelines.
The Comprehensive Plan does not speak to this type of development within the Rural
Residential Zone. However, he Plan notes the land use plan maps complement the
written policies of the comprehensive plan and should be used to provide guidance for
decisions. The maps recommend areas for major land uses and are generalized. The Plan
0519 Comment.doc Page 3
notes, "... the exact definition of land uses is to be determined by revisions to the zoning
map." It does not appear that the kiosk would not be in harmony with the plan.
Public services and facilities are adequate to serve the proposed use. The kiosk will be
self-contained and all trash and wastewater will be hauled from the site on a daily basis.
A port-a-potty will be placed on the site to meet the requirements for an on-site restroom
facility.
The proposed use will not be harmful to the public safety, health or welfare. The
proposed coffee kiosk should not provide any negative effects that would be harmful to
public health, safety, or welfare.
City Engineer:
Summer operation. There will be no need for snow storage area.
adequate drainage, vehicle access, and appropriate permits.
Development must provide
Building Official'
The building will meet current building codes for coffee kiosks.
RECOMMENDATIONS
The proposed coffee kiosk will be located on a large, 47-acre parcel. The proposal is for a
seasonal business from May through October of each year. The kiosk will be self-contained.
The application, as submitted appears to meet the requirements for a conditional use permit.
Recommend approval with the following requirements:
o
,
,
Obtain a building permit for the kiosk.
Obtain any necessary permits from the Department of Environmental
Conservation and provide copies of the permit(s) to the City prior to operation.
Require the kiosk be set back far enough on the property to allow customers to
pull completely off Silver Salmon Drive to access the kiosk. The site plan should
be planned to accommodate vehicles pulling boats.
All trash must be contained at the site and removed on a daily basis to eliminate
the possibility of wildlife getting into it.
ATTACHMENTS:
1. Resolution No. PZ05-19
2. Application
3. Drawings
KENAI, ALASKA
CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION NO. PZ05-19
CONDITIONAL USE PERMIT
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF
KENAI GRANTING A REQUEST FOR A CONDITIONAL USE PERMIT TO:
NAME: Leslie Hall dba The Arctic Fox
USE Espresso Bar-Coffee Kiosk
LOCATED: KN T05N R10W S07 PTN N 1/2 NE1/4 & GLS 1 & 9 & SE 1/4 NE1/4 LYING
WEST OF SPUR HWY & EAST OF KENAI RIVER & N&W OF SILVER
SALMON RD EXCLUDING ILIAMNA VIEW SUB & OBERTS PILLARS
SUB ADDN ONE & OBERTS PILLARS SUB PART TWO & THAT PARCEL
DESCRIBED (Legal Description)
4905 Silver Salmon Drive (Street Address/)
KENAI PENINSULA BOROUGH PARCEL NO' 04937136
WHEREAS, the Commission finds:
o
That an application meeting the requirements of Section 14.20.150 has been submitted
and received on: March 31, 2005
.
This request is on land zoned: RR- Rural Residential
o
That the applicant has demonstrated with plans and other documents that they can and
will meet the following specific requirements and conditions in addition to existing
requirements'
a. See Page 2
.
That the Commission conducted a duly advertised public hearing as required by KMC
14.20.280 on: April 27, 2005.
o
Applicant must comply with all Federal, State, and local regulations.
NOW, THEREFORE, BE IT RESOLVED, BY THE PLANNING AND ZONING COMMISSION
OF THE CITY OF KENAI THAT THE APPLICANT HAS DEMONSTRATED THAT THE
PROPOSED Espresso Bar- Coffee Kiosk MEETS THE CONDITIONS REQUIRED FOR SAID
OPERATION AND THEREFORE THE COMMISSION DOES AUTHORIZE THE
ADMINISTRATIVE OFFICIAL TO ISSUE THE APPROPRIATE PERMIT.
PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF
KENAI, ALASKA, APRIL 27, 2005.
CHAIRPERSON: ATTEST:
0519 Res.doc Page 2
Additional Requirements'
o
o
°
Obtain a building permit for the kiosk.
Obtain any necessary permits from the Department of Environmental
Conservation and provide copies of the permit(s) to the City prior to
operation.
Require the kiosk be set back far enough on the property to allow customers to
pull completely off Silver Salmon Drive to access the kiosk. The site plan
should be planned to accommodate vehicles pulling boats.
All trash must be contained at the site and removed on a daily basis to
eliminate the possibility of wildlife getting into it.
"Yt'//a~qe wt'lh a l:'ast, Bi~y wt'th a F~t~re'
210 Fidalgo Avenue, Kenai, Alaska 99611-7794 ~
Telephone: 907-283-7535/ '~---2~a-~0~4'1111'
KENAI, ALASKA ~~,i
CONDITIONAL USE PERMIT
APPLICATION
Applicant's Name:
Phone:
Business Name: ",T~ Jq~.~:~ {~==0 X
Mailing Address: L./t4 S'-I S-- ~ gDg /¢~~
Street Address'
(Where permit will be operated from.)
Legal Description of Property:
Kenai Peninsula Borough Parcel
City of Kenai Zoning:
Provide a detailed description of the proposed use. If the space provided is not sufficient,
attach a sheet to the application.
,The following~~mation must be provided before your application will be
considered,~fQr pro~ssing. Do not submit your application until it contains all
reaui~edinfg~tiO'~ (Check each box th'at applies and attach the'necessary
i~f6~matiofi'to tfiis application.)
. ~-
'~ ~ I am theleg~,.dWfi'er of the prope~y.
'~ '.. ',. .
.... ~.. 'i'am not the legal owner of the prope~y; however, I have attached verification by
~.,:.~ the' owner of the prope~y that I have pe~ission to apply for this Conditional Use
~' .... '~' Pe~it.
....
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 property. (For bed &
breakfast applications, must show areas to be rented.)
I have paid the appropriate fee.
I have reviewed Kenai Municipal Code 14.20.150, Conditional Use Permits, and believe
that the requested permit satisfies the requirements of this section of the code.
Specifically, the following requirements have been satisfied:
The use is consistent with the purpose of this chapter and the purposes and
intent of the zoning district.
The value of the adjoining property and neighborhood 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'
!
t
I
I
!
http://www, summerwood.com/resources/configurations/Skinner 3 mid.jpg
3/28/2005
STAFF REPORT
To: Planning & Zoning Commission
Date: April 13, 2005
Res: PZ05-20
GENERAL INFORMATION
Applicant:
Tanya Erwin
106 Wooded Glen Court
Kenai, Alaska 99611
283-3673
Requested Action:
Legal Description:
Street Address:
KPB Parcel No.:
Existing Zoning:
Current Land Use:
Land Use Plan:
ANALYSIS
Home Occupation- Daycare
Lot 3, Block 2 Deepwood Park Subdivision Amended
106 Wooded Glen Court
04938014
RS - Suburban Residential
Residential
NR- Neighborhood Residential
KMC 14.20.230 outlines the regulations that allow home occupations. Day care is
specifically listed in the code as a permitted home occupation. Applicant is aware the
code allows her to watch up to 8 children including her own from her residence. The floor
plan is the same sent to the state for licensing approval. The proposed day care meets the
requirements for a home occupation.
A fire inspection was conducted on the residence on March 5, 2005. If the day care is
still in operation, a follow-up will be required on March 5, 2007.
RECOMMENDATIONS
Recommend Approval.
ATTACHMENTS:
1. Resolution No. PZ05-20
2. Application
3. Drawings
KENAI, ALASKA
CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION NO. PZ05-20
HOME OCCUPATION PERMIT
A RESOLUTION OF THE PLANN1NG & ZONING COMMISSION OF THE CITY OF
KENAI GRANTING A REQUEST FOR A HOME OCCUPATION PERMIT AS
AUTHORIZED BY 14.20.230 OF THE KENAI ZONING CODE,
FOR: Home Daycare
OPERATED BY:
Tanya Erwin
(Type of Permit)
LOCATED: 106 Wooded Glen Court- L3, B2, Deepwood Park Subdivision Amended
(Street Address and Legal Description)
KENAI PENINSULA BOROUGH PARCEL NO: 04938014
WHEREAS, the Commission finds:
1. That an application meeting the requirements of Sec. 14.20.230 has been submitted and
received on April 11, 2005.
2. That the application has been reviewed by the Commission at their meeting of April
27, 2005 and found that all application requirements have been satisfied.
3. That the applicant has demonstrated with plans and other documents that he can and
will meet the requirements and conditions as specified.
4. That the following additional requirements have been established by the Commission
as a condition of permit issuance'
5. Applicant must comply with all Federal, State, and local regulations.
NOW, THEREFORE, BE IT RESOLVED, by the Planning & Zoning Commission of the
City of Kenai that the applicant has demonstrated that the proposed development meets
the conditions required for said proposal and therefore the Commission authorizes the
permit.
PASSED by the Planning & Zoning Commission of the City of Kenai, Alaska, this 27th
day of April 2005.
Chairman'
ATTEST:
KENAI, ALASKA
"gi//a qe w;th a t as4 with a
210 Fidalgo Avenue, Kenai, Alaska 99611-7794
Telephone' @07-283-7535/FAX: 907-283-3014
'IIil'
HOME OCCUPATIOlX~ PERMIT APPLICATION
PffYSICAL ~D~SS: ,._%0. ~.~ . .., .__
DESCRmTION OF OCC~ATION: .~g; ~Om~ ~~ ~~ ~ ~~ C~']
I .... l, I lin
Section 14.20.230 of the City of Kenai Municipal Code outlines regulations that allow
Home Occupations in re$ideatial zones, subject to the following conditions:
Not more than one person outside the family shall be employed in the home
occupation.
No more than 30% of' the gross floor area of the buildings on the lot shall be used
for the home occupation..S...u_bmit a .~ite plan s.h. pwing ~Quare fp. otalle of all
stru. ctures on the lot, in._c, ludin£ the residence and any accessory, structures,
hl additip;ncs_how parkin~ are_.a,s, and traffic Patte, rns. Clearly .m,,ark the area
to be_.uscd for the home
The home occupation shall be carried on wholly within the principal building, or
the building, ~which are accessory thereto. Any building used for a home
occupation shall be wholly enclosed.
Application reviewed and approved by'
Approved by rh~ Planning & Zonin~ Commission:
Date
'Ii
AGENDA
KENAI CITY COUNCIL- REGULAR MEETING
APRIL 20, 2005
7:00 P.M.
KENAI CITY COUNCIL CHAMBERS
http://www.ci.kcnai.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)
1. Kenai Middle School Students -- Kossack Korner Clothing Drive
~,/ 2. Jason Elson-- Donation of Land
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. 2087-2005 -- Amending KMC 23.40.030(/) to Change the
Amount of Leave Time an Employee Who Works the Equivalent of a 56-
Hour Work Week Must Take Per Year From 112 Hours to 80 Hours.
Substitute Ordinance No. 2087-2005 -- Amending KMC
23.40.030(f) to Change the Amount of Leave Time an Employee
Who Works the Equivalent of a 56-Hour Work Week Must Take
Per Year From 112 Hours to 84 Hours and Lowering From 80 to
60 Hours Per Week the Amount of Leave Time That Must be Taken
for Employees Working 40 Hours Per Week.
,
Ordinance No. 2088-2005 -- Amending KMC 23.30.110(b) and (c) to
Chan§e the Automobile Expense Milea§e Rate From $.30 Per Mile to the
Standard IRS Mileage Rate and Chan§e the Per Diem Travel Expenses
From $35.00 to $50.00 Per Day.
,
10.
ITEM G:
o
ITEM H:
ITEM I:
Ordinance No. 2089-2005 -- Replacing KMC 4 to Adopt: 1) the
International Building Code, 2003 Edition of the International Code
Council; 2) the International Property Maintenance Code, 2003 Edition of
the International Code Council; 3) the International Mechanical Code,
2003 Edition of the International Code Council; 4) the Uniform Plumbing
Code, 2003 Edition of the International Association of Plumbing and
Mechanical Officials; 5) the National Electrical Code, 2005 Edition of the
National Fire Protection Association; 6) the International Fuel Gas Code,
2003 Edition of the International Code Council; 7) the International
Residential Code, 2003 Edition of the International Code Council; and 8)
the International Existing Building Code, 2003 Edition of the
International Code Council.
Ordinance No. 2090-2005 -- Amending KMC 8.05 to Adopt the 2003
International Fire Code, First Printing.
Ordinance No. 2091-2005 -- Amending KMC 23.55.030(b}(2) to Add
Qualification Pay of $300 for Fire Fighters Who Qualify as Fire Apparatus
Operators.
Resolution No. 2005-12 -- Transferring $3,372 in the General Fund for
a New Ice Machine at the Senior Center.
Resolution No. 2005-13 -- Transferring $5,400 in the Airport Terminal
Enterprise Fund for Personnel Services.
Resolution No. 2005-14-- Supporting the Efforts of the Kenai Economic
Development Strate~ (KEDS) by Directing the City Administration to
Appoint a KEDS Steering Committee Member and to Continue its Close
Work With the KEDS Working Group.
Resolution No. 2005-15 -- Awarding a Contract to Kustom Signals Inc.
for a Speed/Message Trailer for the Total Amount of $26,714.
*2005 Liquor License Continuance WITHDRAWAL OF PROTEST
Alaskalanes Bowlin§ Center.
MINUTES
*Regular Meeting of April 6, 2005.
OLD BUSINESS
Discussion -- Lawton Acres
NEW BUSINESS
Bills to be Ratified
,
.
Approval of Purchase Orders Exceeding $2,500
*Ordinance No. 2092-2005 -- Increasing Estimated Revenues and
Appropriations by $25,000 in the Senior Center Kitchen Capital Project.
*Ordinance No. 2093-2005 -- Amending KMC 14.20.230(g) to Include
an Exemption for Certain State Approved Relative Day Care Providers.
5~
*Ordinance No. 2094-2005 -- Amending KMC 14.20.320(b) Adding a
Definition of "Condominium."
,
*Ordinance No. 2095-2005 -- Increasing Estimated Revenues and
Appropriations by $650 for an Increase in Federal Grant for Wetlands
Protection.
o
ITEM J:
*Ordinance No. 2096-2005 -- Increasing Estimated Revenues and
Appropriations by $2,740,085 in the Airport Land System Special
Revenue Fund and the Parallel Taxiway Capital Project Fund.
Approval -- Kenai Golf Course/Amendment to Leases, Parcels A and B
{Increase in Fees and Extension of Expiration Dates)
Approval -- Consent to Sublease -- SOAR International Ministries, Inc. to
Peninsula Aircraft Wash Detail Service/Lot 3, Block 1, General Aviation
Apron.
Approval -- Kenai Municipal Airport/Terminal Counter Space Lease
Spaces 34 and 35 -- Grant Aviation.
Approval -- Termination of Kenai Municipal Airport Lease/Space 21 -
Fischer and Associates, Inc.
COMMISSION[COMMITTEE REPORTS
le
2.
3.
4.
5.
6.
7.
Council on Aging
Airport Commission
Harbor Commission
Library Commission
Parks & Recreation Commission
Planning & Zoning Commission
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 --.Possible s~ttlement of Schmidt.v. City of Ke~ai et.
ITEM N: ADJOURNMEN~~/~
.-
MEMBERS:
Dr. Rick Foster
Homer City
Term Expires 2004
Brent Johnson
KasiloflCiam Gulch
Term Expires 2006
Blair Martin
Kalifornsky Beach
Term Expires 2006
Mark Massion
Seldovia City
Term Expires 2006
Ray Tauriainen
Northwest Borough
Term Expires 2005
ALTERNATES:
Bill Hutchinson
Ridgeway
Term Expires 2007
Jim Isham
Sterling
Term Expires 2006
Dick Troeger
Soldotna City
Term Expires 2005
A.
Bo
Co
D.
lob
KENAI PENINSULA BOROUGH PLAT COMMITTEE
KACHEMAK COMMUNITY CENTER
59906 BEAR CREEK DRIVE
HOMER, AK 99603
5:30 p.m. April 25, 2005
Tentative Agenda
CALL TO ORDER
ROLL CALL
RECEIVED
PLAN(~IING DEPARTMENT
APPROVAL OF AGENDA, EXCUSED ABSENCES, AND MINUTES
1. Agenda
.
Member/Alternate Excused AbSences.
a. Brent Johnson, Kasilof/Clam Gulch
b.
Ray Tauriainen, Northwest Borough
3. Minutes
a. April 11, 2005
suBDIVISION PLAT PUBLIC HEARINGS
Fairview Subdivision Flyum Addition
KPB 2005-084
[imhoff/Flyum]
Location: City of Homer
.
.
Christensen Tracts No 4
KPB 2005-085
[imhoff/Hough].
Location: City of Homer
Bolstridge Subdivision Addition No 6
KPB 2005-086
[M cLane/H am rn ond]
Location' Off Sterling Highway in Sterling.
.
Knight Estates Subdivision Long Addition
KPB 2005-088
[McLane/Long]
Location: City of Soldotna
.
Redoubt Haven Estates Burnett Replat
KPB 2005-087
[Integdty/Burnett]
Location: City of Soldotna
.
O'Neill's Scenic View (Revised Preliminary)
Postponed from 2J14/2005 Meeting
KPB 2005-029
[Integrity/O'Neill]
Location: City of Soldotna
.
Doggett Subdivision
KPB 2005-089
[I ntegrity/Doggett]
Location: South of Sterling Hwy in Sterling
.
Tagala Subdivision Redoubt View Addition
KPB 2005-090
[Whitford/VVhitford]
Location: Off Jefferson Avenue in Soldotna
.
Gerhart Homestead Subdivision Foster Addition
KPB 2005-091
[VVhitford/Gerhart]
Location: East of Kenai Spur Highway in Soldotna
10.
Chieslak Subdivision
KPB 2005-092
[ J oh n son/T ubbs/C hie slak]
Location: West of Cohoe Loop Road in Kasilof
11.
Alaska Heights Subdivision 2005 Replat
KPB 2005-093
[Johnson/Massengill]
Location: Off Yukon Loop Road in Kasilof
12.
Bolstridge Kenai River Subdivision Baer Addition
KPB 2O05-O94
[Johnson/Baer]
Location: South of Scout Lake Loop in Sterling
Eo
13.
Canyon Meadows
Postponed from April 11, 2005 Meeting
KPB 2005-081
[Seabright/VValker]
Location: End of East End Road
K-Bay APC
MISCELLANEOUS INFORMATION -- NO ACTION REQUIRED
F. PUBLIC COMMENT
G. ADJOURNMENT
NEXT REGULARLY SCHEDULED MEETING
The next regularly scheduled Plat Committee meeting will be held May 9, 2005 in the
Assembly Chambers, Borough Administration Building, 144 North Binkley Street, Soldotna,
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~borou~h.kenai.ak, us
web site: www. borou.qh.kenai.ak, us/plannin~deDt
Philip Bryson
Chairman
Kenai City
Term Expires 2007
Tom Clark
Vice Chairman
Anchor
Point/Ninilchik
Term Expires 2007
Dick Troeger
PC Member
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 H.ohl
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.
Bo
C.
KENA! PENINSULA BOROUGH PLANNING COMMISSION
KACHEMAK COMMUNITY CENTER
59906 BEAR CREEK DRIVE
HOMER, AK 99603
April 25, 2005- 7:30 P.M.
Tentative Agenda
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.
Catkin Subdivision
KPB File 1'999-195; Seabright/Kilcher
Location: West of McNeil Creek
Kachemak Bay APC
*2.
Plats Granted Administrative Approval
*3.
Plats Granted Final Approval (20.04.070)
*5.
Plat Amendment Request
Coastal Management Program
ao
Conclusive Consistency Determinations Received from DGC
b. Administrative Determinations
c. Current Reviews
Commissioner Excused Absences
,
.
Brent Johnson, Kasilof/Clam Gulch
Ray Tauriainen, Northwest BoroUgh
3. Todd Petersen, East Peninsula
*7. Minutes
ao
April 11, 2005 Plat Committee Minutes
bo
April 11, 2005 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'
E.
Fo
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
PUBLIC HEARINGS
.
Rename existing streets in conjunction with the Enhanced 9-1-1Street
Naming and Addressing Project within the Kenai Peninsula Borough. Streets
under consideration at this meeting are described as follows:
Streets within ESN 202 (Homer Area)
a,
Andes Court within Bridge Creek Cooperative Subdivision (HM 81-
5), Section 4, T6S, R13W, S.M., AK; Location' off Arnold Avenue,
Homer area; ESN 202; reason for change: sound alike of an existing
name
b,
C,
Andrey Lane within Little Boy Subdivision (HM~ 74-2275), Abbotts
Acres Subdivision (HM 76-3), and Fiddlehead Subd (HM 79-137),
Sections 33 and 34, T5S, R13W, S.M., AK; Location: north of Twitter
Creek Lane, Homer area; ESN 202; reason for change: suffix
correction; proposed to be renamed Andrey Avenue
Birch Avenue within Greenwood Heights 1974 Addition (HM 74-
1289), .Greenwood Heights 1978 Addition (HM 78-53),. and
Greenwood Heights 1985 Addition (HM 85-71), Section 21, T5S,
R12W, $.M., AK; Location: off Greer Road, Homer area; ESN 202;
reason for change: duplicate name
d.
e.
g.
Clover Avenue within Fernwood Subdivision (HM 76-76) and C & H
Estates (HM 80-23), Section 6, T6S, R'I2W, S.M., AK; Location off
Glacier View Road, Homer area; ESN 202; reason for change:
duplicate name
Crossman Ridge Road within Paper Plat Park (HM 7.9-03), Section 4,
T6S,.R13W, S.M., AK; Location' off Bakke Street, . Homer area; ESN
202; reason for change: duplicate name
.
Crossman Ridge Road within Augustine Subdivision (HM 72-1468),
Section 3, T6S, R13W, S.M., AK; Location' off Twitter Creek Lane,
Homer area; ESN 202; reason for change: duplicate name
Starr Road within Palmer Pines Subdivision Addition No. 3 (HM
2001-21), Section 3, T6S, R13W,' S.M., AK; Location: between
Twitter Creek Lane and Palmer Street, Homer area; ESN 202;
reason for change: officially changing Starr Road to the commonly
used name of Crossman Ridge Road
Streets within ESN 401 (Anchor Point Area)
ho
Airport Lane within Basham No. Five (HM 84-90), Section 4, T3S,
R14W, S.M., AK; Location: Anchor Point; ESN 401; reason for
change: duplicate name
Baluga Avenue within Stariski Estates (HM 76-99), Section 6, T4S,
R14W, S.M., AK; Location: weSt of Stariski Creek, Anchor Point
area; ESN 401; reason for change: duplicate name
.
.
k.
m~
Beluga Boulevard within Inlet View Tracts Subd. (HM 74-698) and
Mighty Moose (HM 93-31), Section 7, T5S, R14W, S.M., AK;
Location: off' Alut Avenue, Anchor Point; ESN 401; mason for
change: suffix correction; proposed to be renamed Beluga Street
Buster Court within Southfork No. 2 (HM 85-64), Sections 3 & 4,
T5S, R15W, S.M., AK; Location' Anchor Point area; ESN 401;
mason for Change: duplicate name
Long Reach Drive within Long Reach (HM 2004-43), Sections 2 & 3,
T4S, R14W, S.M., AK; Location: Chakok River, Anchor Point area;
ESN 401; reason for change: Suffix correction; proposed to be
renamed Long Reach Lane
Long Reach Place within Long Reach (HM 2004-43), Sections 2 & 3,
T4S, R14W, S.M., AK; Location: ChakOk River, Anchor Point area;
ESN 401; reason for change: duplicate name
Tall Tree Road within Long Reach (HM 2004-43), Sections 2 & 3,
T4S, R14W, S.M,, AK; Location: Chakok River, Anchor Point area;
ESN 401; reason for change: suffix correction; proposed to be
renamed Tall Tree Avenue
streets within ESN 45i (Niniichik Area)
o. Alan Street within Deep Creek Valley Subdivision (HM 81-50),
Section 11, T2S, R14W, S.M., AK; Location: west of Deep Creek,
Ninilchik; ESN 451; reason for change: duplicate name
p.
q.
S.
Barnes Avenue within Barnes Subdivision (HM 80-18), Section 8,
T1N, R12W, S.M., AK; Location: southeast of Clammer's Haven
Drive, Ninilchik area; ESN 451; reason for. change: eliminate two
names for the same road; proposed to be renamed Compton Avenue
Blossom Avenue within Coma Bend Subdivision (HM 85-15), Section
27, T1N, R13W, S.M., AK; Location: Ninilchik .area, approximately
Mile 125,5 Sterling Highway; ESN 451; reason for change: duplicate
name; Proposed to be renamed Corea Bend Road
'Church Avenue within U.S.S. 3036B (HM 65-55), Section 34, TlS,
R14W, S.M., AK; Location:. Niniichik; ESN 451; reason for change:
duplicate name
Clam Diggers Court within Clammer's Haven (HM 76-62) and
Clammer's'Haven Add'n No. 1 (HM 78-25), Section 6, T1N, R12W,
S,M., AK; Location: Clam Gulch area; ESN 451; reason for change:
official change to commonly known name; proposed to be renamed
Clam Digger's Avenue
A land-use permit application was received by the Borough to operate a
materials site in the Funny River Road area. KPB 06646019; T05N R09W
S27 Whitcomb Sub. Addition No. 5, Lot 2, Seward Meridian; Parcel: 5 acres;
Portion to .be excavated: approx. 4 acres. Applicant: Dean and Nina
Robinson
Ordinance 2005-21; An Ordinance authorizing the disposition of certain real
property through a memorandum of agreement between the Kenai Peninsula
Borough, the State of Alaska Department of Transportation and Public
Go
H.
Facilities and the State of Alaska Department of Administration Enterprise
Technology Service.
.
Ordinance 2005-11; An ordinance establishing time, place and manner
restrictions on sexually oriented businesses in the Rural Distdct of the Kenai
Peninsula Borough
.
Coastal Management Program Plan Public Hearing
6. Comprehensive Plan Public Hearing
ANADROMOUS STREAM HABITAT PROTECTION (KPB 21.18)
VACATIONS NOT REQUIRING A PUBLIC HEARING
.
Vacate the 10-foot utility easement centered on the line common to Lots 32
and 33 Eagle View Subdivision Amended (Plat HM 84-4), within Section 13,
Township 6 South, Range 14 West, Seward Meridian, Alaska; City of Homer
and within the Kenai Peninsula Borough. KPB File 2005-073
SPECIAL CONSIDERATIONS
J. SUBDIVISION PLAT PUBLIC HEARINGS
1. The Plat Committee is scheduled to review 13 plats.
K. COASTAL MANAGEMENT PROGRAM CONSIDERATIONS
L. OTHEPJNEW 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
.
Resolution SN 2005-05: Renaming Certain Public Rights-of-way within Section 2,
T4N, RllW; Section 19, T3N, RlIW; Sections 19 AND 20, T5N, R10W; Section 20,
T5N, R8W; Section 24, T5N, R9W; Section 25, T5N, R9VV; Sections 27 AND 28,
T5N, R9W; Section 30, T5N, R8W; Sections 29 AND 30, T5N, R llW, S.M., AK
within Emergency Service Number (ESN) 302; as approved on 4/11/05
.
City of Kenai Planning & Zoning Commission Minutes - March 9, 2005
.
The Touchstone Newsletter- Apdi 2005
,
Cooper Landing Advisory Planning Commission Minutes- April 13, 2005
FUTURE PLANNING COMMISSION MEETING
The next regularly scheduled Planning Commission meeting will be held May 9, 2005 in the
Assembly Chambers, Borough Administration Building, 144 North Binkley, Soldotna, Alaska
at 7:30 p.m.
ADVISORY PLANNING COMMISSION MEETINGS
Advisory Commission Meeting Location Date
Cooper Landing Cooper Landing Community Hall May 11, 2005
Anchor. Point Anchor Point Visitor May 3, 2005
Information Center May 17, 2005
The Kachemak Bay Advisory Planning Commission ~s inactive at this time.
Time
7:30 p.m.
7:00 p.m.
7:00 p.m.
NOTE: Advisory Planning commission meetings are subject to change. Please verify the meeting
date, location, and time with the advisory planning commission chairperson. Chairperson contact
information is on each advisory planning commission website, which is linked to the Planning
Department website.
CONTACT INFORMATION
KENAi PENINSULA BOROUGH PLANNING DEPARTMENT
Phone: 907-714-2200
Phone: t011 free within' the B0rough~ 1-800-478-4441, extension 2200
Fax: 907-262-8618
e-mail address: _Dlannin~@borough.kenai,ak. us
web site: www. borouqh.kenai.ak, us/plannin~dept
1DO
_~o
N
I
DEPARTMENT OF NATURAL RESOURCES
OFFICE OF PR OJECT MA NA GEMENT AND PERMITTING
ALASKA COASTAL MA NA GEMENT PROGRAM
'SOUTHCENTRAL REGIONAL OFFICE
550 W. 7r~ A VENUE, SUITE 1660
ANCHORAGE, ALASKA 99501
PH: (907) 269-7470/FAX: (907) 269-3981
~ CENTRAL OFFICE
P.O. BOX 110030
JUNEAU, ALASKA 99811-0030
Pm: (907) 465-3562 /FAA'... (907) 465-3075
FRANK N. MURKOWSKI
GOVERNOR
~I PIPELINE COORDINATOR'S OFFICE
411 WEST 4TM A VENUE, SUITE 2C
ANCHORAGE, ALASKA 99501-2343
PH: (907) 257-1351/FAX.: (907) 272-3829
www. al askaco ast. state, ak. us
April 20, 2005
Mr. Winston Gillies
P.O. Box 1486
Kenai, Alaska 99611
Subject:
Kenai River Mile 3.5, Mooring Buoy
State ID NO. AK 0504-07AA
Start of ACMP Review
Dear Mr. Gillies:
The Office of Project Management and Permitting (OPMP) received the Coastal Project
Questionnaire and consistency certification, applications, and supporting information you
submitted for the proposed project. OPMP is coordinating a review for consistency with the
Alaska Coastal Management Program (ACMP) (AS 46.40). This letter initiates the State of
Alaska review of this proposed project under the schedule and process described in State
regulations (11 AAC 110).
Project Description/Scope of Project to be Reviewed
The project subject to this consistency review is the installation of a mooring buoy and
associated anchor and chain below the mean high water mark (MHW) of the Kenai River. The
proposed buoy would be seasonally removed at the end of the fishing season. The proposed
mooring buoy would be 30" in diameter, and the attached chain would extend 60 feet to the
proposed 400 pound concrete anchor measuring 18" x 18" x 18". The city of Kenai holds title to
the submerged lands of the Kenai River at the location of the buoy.
The buoy would be anchored in the NW ¼ SE ¼ NW ¼ Section 17, T. 5 N., R. 11 W., Seward
Meridian at approximately Kenai River mile 3.5.
Review Process
I distributed the packet of information you submitted to the following review participants: Alaska
Departments of Environmental Conservation, Fish and Game, and Natural Resources, and the Kenai
Peninsula Borough Coastal Resource District. A notice posted on April 20, 2005 on the ACMP
website (www.dnr. state.ak.us/pic/pubnotfrm) and in sites noted on the public notice posted on April
20, 2005 informed the public of the proposed project. The COE also issued a public notice for this
Kenai River Mile 3.5, Mooring Buoy
AK 0504-07AA
April 20, 2005
Page 2 of 4
project on Mark 24, 2005.
Authorizations
The project must be found consistent with the ACMP before the following State and Federal
authorizations may be issued:
U.S. Army Corps of Engineers (COE)
Section 10 Permit No. POA-2005-423-1
State agencies shall issue permits within five days after OPMP issues the final consistency
response that concurs with the applicant's consistency certification, unless the resource agency
considers additional time to be necessary to fulfill its statutory or regulatory authority.
Please note that, in addition to their consistency review, State agencies with permitting
responsibilities will evaluate this proposed project according to their specific permitting
authorities. Agencies will issue permits and authorizations only if they find the proposed project
complies with their statutes and regulations in addition to being consistent with the coastal
program. Applicants may not use any State land or water without DNR authorization.
Review Schedule
OPMP is coordinating the consistency review of this project under a 50-day review schedule.
Review deadlines are listed below and on the enclosed project data sheet.
Request for additional information:
Comment deadline:
Proposed response:
Final response:
05/14/05
05/19/05 no later than 5:00 p.m.
06/02/05
06/08/05
State review participants will evaluate this proposed project for consistency with the
enforceable policies of the ACMP that include statewide standards in 6 AAC 80, and
enforceable policies of the Kenai Peninsula Borough Coastal Resource District, with the
exception of the Air, Land and Water Quality Standard (6 AAC 80.140). DEC will review
any activities subject to DEC permits, certifications, approvals, and authorizations for
consistency with 6 AAC 80.140. The issuance of the permits, certifications, approvals, and
authorizations by DEC establishes consistency with 6 AAC 80.140 for those specific
activities. The public may also submit comments regarding the consistency of the project with
the ACMP. Any comments concerning consistency with 6 AAC 80.140 must be submitted
directly to DEC. Comments concerning consistency with all other standards and policies must be
submitted to OPMP.
OPMP will give careful consideration to all comments. The proposed consistency response will
notify you of OPMP's concurrence with or objection to your certification. If OPMP objects, the
consistency determination may include alternative measures required to make the proposed
Kenai River Mile 3.5, Mooring Buoy
AK 0504-07AA
April 20, 2005
Page 3 of 4
project consistent with the ACMP. You may choose to adopt the alternative measures, or
propose other modifications that would achieve consistency for review participants and OPMP to
consider.
Elevation
OPMP must receive a request for elevation of the proposed response to the department
commissioner within five days after issuing the proposed response. The applicant, State resource
agencies, and an affected coastal resource district with an approved program have elevation
rights.
By a copy of this letter I am informing the State and Federal agencies that the OPMP has begun
its consistency review.
We encourage you to visit OPMP's web site for more information about the ACMP. The web
site contains the State's consistency review regulations 11 AAC 110, the public notice for this
project, and other information. Please contact me at 269-7468, or email
amanda_henry~dnr.state.ak.us if you have any questions.
Sincerely,
Amanda S. Henry
Project Review Coordinator
Enclosure: PIS and Backup Material
Email Distribution Only
Lisa Gibson, COE Regulatory Branch
Carol Freas, City of Kenai
Fran Roche DEC,Juneau
Andrew McCarthy, National Park Service
Bob Shavelson, Cook Inlet Keeper, Homer
Debra Cooper, USFS Seward Ranger District, Seward
Gary Porter, Bald Mountain Scientific
Gary Sonnevil, Field Supervisor, US Fish and Wildlife Service, Kenai
Gary Williams, Planning Director, KPB, Soldotna
Glen Yankus, NPS, Anchorage
Holly Babcock, Kenai Peninsula Borough
Honorable Dale Bagley, Mayor, KPB, Soldotna
Jade Gamble, OHMP/DNR
Jane Gabler, KPB, Soldotna
Janet Herr, NMFS
Kenai River Mile 3.5, Mooring Buoy
AK 0504-07AA
Jeanne Hanson, NMFS
Joe Meade, USFS
Kara Moore, ACMP Coordinator, DNR, Anchorage
Lee McKinley, DNR/OHMP, Soldotna
Linda Markham, DOT/PF, Anchorage
Mark Luttrell, Director, Eastern Kenai Peninsula Environmental Action Assoc., Seward
Mona Painter, Cooper Landing Community Club, Cooper Landing
Phil North, EPA, Kenai
Rick Rogers, Chugach Alaska Corporation, Anchorage
Rob Spangler, USFS
Robin Willis, DFG, Anchorage
Roger Graves, Port of Anchorage, Anchorage
Stefanie Ludwig, DNR/SHPO, Anchorage
Suzanne F isler, DNR
Sylvia Kreel, DNR/OPMP, Juneau
Wayne Dolezal, DFG, Anchorage
Enclosure: PIS (Backup Material on Request)
Distribution by U.S. Mail
Alex DeMarban, Seward Phoenix Log, Seward
Brenda Trefon, Kenaitze Indian Tribe, IRA
Robert L. Baldwin, FOCL, Cooper Landing
April 20, 2005
Page 4 of 4
Public Notice
Alaska Coastal Management Program
April 20, 2005
ALASKA COASTAL HANAGEMENT PROGRAN
Kenai River Mooring Buoy Installation
Your Opportunity to Comment
Project Title/State ID#:
Kenai River Mile 3.5, Mooring Buoy
AK 0504-07AA
Applicant/Agent:
Mr. Winston Gillies
Location'
The buoy would be anchored in the NW ¼ SE ¼ NW
¼ Section 17, T. 5 N., R. 11 W., Seward Meridian at
approximately Kenai River mile 3.5.
Review Schedule (50 days)'
· Day 1 ............................................. 04/20/05
· Comments due on or before ....... 05/19/05
· Final determination issued by ....... 06/08/05
How you can participate:
This project is being reviewed for consistency with
the Alaska Coastal Management Program. Your
comments on the proposed project's consistency
must be submitted in writing to the Office of Project
Management and Permitting (OPMP). Comments
about inconsistency must identify the relevant
enforceable policy and explain how the project is
not consistent with that policy.
Deadline for written comments-
5:00 PM on May 19, 2005
Contact:
Amanda S. Henry, Project Review Coordinator
Alaska Coastal Management Program, OPMP
550 W. 7th Ave, Suite 1660, Anchorage, AK 99501
Phone: 907-269-7468 Fax: 907-269-3981
Email: amanda henry~dnr.state.ak, us
Web site: h~_ttp_ ://~.alaskacoast.state.ak.us/
Project Description'
The project subject to this consistency review is the
installation of a mooring buoy and associated anchor
and chain below the mean high water mark (MHW)
of the Kenai River. The proposed buoy would be
seasonally removed at the end of the fishing season.
The proposed mooting buoy would be 30" in
diameter, and the attached chain would extend 60 feet
to the proposed 400 pound concrete anchor
measuring 18" x 18" x 18". The city of Kenai holds
title to the submerged lands of the Kenai River at the
location of the buoy.
For your information'
Individuals with disabilities who may need auxiliary
aids, services, or special modifications to participate
in this review may contact the OPMP review staff at
the above address.
Public notice posted in Kenai, Alaska at the U.S. Post
Office and the offices of the City of Kenai and on the
ACMP web site.
STATE OF ALASKA
Frank H. Murkowski, Governor
DEPARTMENT OF NATURAL
OFFICE OF PROJECT MANAGEMENT AND PERMITTING SO UTHCENTRAL OFFICE
ALASKA COASTAL MANA GEMENT PROGRAM ._Consistency Re~ie~v Unit
Contacts Phone Fax
OPMP Amanda Henry (907) 269-7468 (907) 269-3981
DEC Larry Dugan (907) 269-7564 (907) 269-7508
OHMP Lee McKinley (907) 260-4882 (907) 260-5992
DNR KARA MOORE (907) 269-5047 (907) 269-8913
DISTRICT Gary Williams (907) 262-4441 (907) 262-8618
COE Usa Gibson (907) 283-3519 (907) 283-3981
550 West 7th Ave., Suite 1660
Anchorage, AK 99501
Email
amanda__henry@dnr.state.ak, us
larry_dugan@dec.state.ak, us
lee_mckinley@dnr.state.ak.us
kara_moore@dnr.s'cate.ak.us
GWilliams~borough.kenai.ak. us
Usa. M.Gibson@poa02.usace.army. mil
PROJECT TITLE:
STATE ID NUMBER:
APPLICANT/PROPONEN
AGENT WINSTON
DIRECT FEDERAL ACTION:
REVIEW TYPE: Consistency
ACTIVITY TYPE: OTHER
PROJECT LOCATION:
Nearest Coastal District:
Project is OUTSIDE
District Plan Approved?
REVIEW SCHEDULE:
REVIEW MILESTONES:
PROJECT FACT SHEET
KENAI RIVER MOORING BOUY
AK 0504-07AA
WINSTON GILLIES
Phone: (907) 283-4115 Fax: (907) 283-9646
No
Kenai Peninsula Borough
the District Coastal Zone Boundary
No
50 Days
Day 1: ....................
Reviewer i~;:l~;si ~(:;r',~,~l~liii;:);3~i Information on or b~(:;r'e': ..... .
Comments Due to OPMP on or before: .......................
Proposed Consistency Determination Issued on or before: ........
Final Consistency Determination Issued on or before: ...........
PREVIOUS OR RELATED PROJECT REVIEW STATE ID#'S:
STATE AND FEDERAL APPROVALS:
Email
4/20/2005
5/14/2005
5/19/2005
6/2~2005
6/8/2005
FEDERAL COE SECTION 10
2005-423-1
Federal Deadline: 10/20/2005
..
· ';1 ·
· .
£:.
· ' ~.~ ..,. r~.
·
"' ..... ~ " ' ' .... ;- . . .. . .-. ~,,,....,.~.~:.~~ 1
Please nnswer all'questions. To avoid a delay in pr~§, please call th._e_.deoartment ff you answer "yen" to an~.of
_the ouestions: relatedto that depa~en.t. Maps and plan drawings must be included with your packet. '
An incotn.vle~ packet will be returned. , . '
.
·
APPLICANT INFORMATION
Address
Fax Nmnln~
, ,,
· mto~c'r mvoasut~o~'
Yes
. 1. This activity--"- '~is a: I~new project EL~cation or addition to an e~g project ·
If a modific~on, do y~u currendy hav~e any State, federal or local appro~s
· · related to this activity? ................................................. . ................................................ El
Note: Approval means 'any form of authotiaztiot~ If"yin," please list below:.
·
No
D
2. Ifa nmdification, has this project ever been reviewed by the State of Alaska under thc ACMP? ........... F1 .. D
Pre~ous State LD. Number:. AK ...... Previous Project
·
.
PROJECT DESCRiPTiON
1. Provide a brief description of your entire project and ALL associated facilities and land use conversions. Attach
additional sheet(s) as needed.
· % ~,. _ '
_~. ,,.,,-1-,. Il,',,._ ..o,~k,,,. ,,-~ 1~.,..,, L.,. c,,~,.,., ~;,~,.../ ~,~-_./,_,,... ,~+ ,;, ~,,,.,,,,,
O - , ~/~ 1 - - U-- ,.- .
...... _/,-x _?-,,t,. ....
2. AUach ~¢ following.: · a deta_ iledd¢.~ption of the l~oj~, all associated, facilitie% nnd land ~ conv. e~on% etc.
(Be ~pecific, in¢lud~ ace,s mad% car~ £acili~es, wnste disposal sites, etc.); · a project ~neline
complctim ot'aH major a~vities in ~¢ proposal; .'a ~ d~icting property boundary with al! proposed
actions;; Other ~_L~O_rtin_~ documentation that would facilitate review of the.project. Note: Ifthe project is a
mod~cation, identify exist~g facilities ns well ns proposed changes on ~e site plan.
Revised 1/22 Page 1
·
..
o
PROJECT LOCATION
le
e
.
Attach a copy df the topographical and vicinity map dearly indicating the location of the ~oject. Please include a
map. title and scale. .
·
·
Thc project is lOca~ in Which region (see attached map): Fl Northern ~'outhcentral El ~outheast '
Fl within or associated with the Trans-Alaslm Pipeline corridor
Location of project (Include the name of the nearest land fea~ or body ofwater.) ~i~g,e~.,~/ ~ex4~,,-~. ". ]{,~.: &~'
Is thc project located in a coastal distri~? · Yes El No El Ify~s, identify. ~-- . ...... ..
(~ ~ are a ~ or borougl~
~ ~. ' g~ a ~ ~ glge ~e'~ co~ revigwtwoce~s. It is pos.vible fortise Stage ~ to be adjusted to accommodate a l~al
~ · .
.
' ·
Identify the communities closest tO your project location: KC
,
·
The lwoje~ is on: I~tate land. or water* i-! Federal land I-I Private land
Fl Municipal land Fi Mental He~dth Trust land .
· State land can'be upland, tideJand~, or Submerged lands to $ miles off~hore See Quesu'on #1 in DNR ~ec~'on.
Contact the applicable landowner(s) to obtain necessary aUthofim. 'ti'ons. "
· DEPARTMENT OF ENVIRONMENTAL CONSERVATION (DEC) APPROVALS ·
·
'Yes No
1. Will a discharge ofwastewat~ from industrial or commer~ operations occur? ..................
Will thc discharge be ~mn~e~ to an already approved sewer system? ................................................. O
Will thc project include a stormwator collection/discharge system? ........................................................ n
·
·
2. Do you intend to construct, install, modify, or usc any part ora wastewater (sewage
or gr~ywater) disposal sy~t~? · . ............
a) If so, will thc discharge bc S00 ~allons per day or greater? ........................................................... ,...El El
b) Ifo0nstmc~g a d~ae~c wa~wat~r trea4mcnt or disposal system, will tho ·
system bo locat~ within fdl matogal requiring a COE permit? .....................................
If you answor~ yes to a) or b), answ. er tho following: ' · '
l) What is the distance from the bottom of the system to the top of the subsurface water
table?., ·
2) How fax is a~y.Part of thc~ast~v~ disposal s~n from the'near'est sm-face v~at~? ............
3)' Is tho smTotmding area inundated with water at any time of the year? ............................ ..~ ............... El
4) How big is the fill area to be used for the absorption system? ....
.
Do you expect to request a m/xing zone for your propgsedproject? ........................... : ....... : ................. r'l
(If your wastewater disclt~e will exceed.tiad~a waler qual~ x~. ~ ~ ~for a mixing zone. .
lf ~. o. ptexae contact D£C to discass info '~ttion required under 18 ~ C 70. 052.)
Revised 7~..2 ' · Page 2 -
4~
a) Will your project result in tho construction, opcrafiog or closure of a facility for thc
disposal of solid waste? .......... ' · ...................... .. ......................................................... El
(lfote: ~olid waste means drfl[ing wastes, ~ouse~.old garbage, refuse, 'sludge. conswucgon or demoli~n was~,
industrial solid waste, as~, and ot~er discarded, gbandoned~ or unwanted solid or semi,solid material,
or not aubject to decon~n, ori&inatingj~om any gaurc~ Disp~al means p~mement of ~olid waste on land.)
b) Will your project result in .thc treatment of'solid .waste at thc site? ............ ' ..................................... El
(Exnmples.of ~"eamse~ m~ include, lint are not limit~ ~o: incin~~ open lnwntng, balin~ and composting.)
c)- Will your project rcsu!t in. the storage or transfer of so]/d waste at thc site? ................................... :El
'cO' Will thc project, result in thc. storage of more than 50 tons ofmaterhls for reuse, rccyc]/ng,
or resom~ recovery?. ....................................................................................................................... [3'
c) Will any sewage solids or biosoU~ be d~.scd of or land-applied to thc site? .............................. El
(A, wage ~ol/ds ~ wa.e~ that have been removedJh~ a ~vastew~er trea~m~atp/ant O~-ten, ,vuc~ as a
~eptic tank, lagoo~ dredge,'or wastewgter mm~mgnt ~tudge dug contain no free lic~. Biosolids are the
gemi.~olid, or li~ reaidu~ produced during the treatment of dome, stic geptage in a treatm~ works whic~ are
land aptdled for b~ u~e.) .
· .
Will your project require the application of oil, pesticides, and/or any other broadcast
Chemicals? ..... ' .-. · ......................................................................
No
6. a)' Will ~ou hay8 a fa~lity wi'th industrial procssses that arc designed to process' no less
thanfive tonsper hour ahd needs air pollution controls to comply with State. .
emission stan~~? ............ n
b) Will you have stali~ or Wanspor~able fuel burning equipment, including flares,
with a total fuel consumption ~~ty no less than 50 mill/on Bm/hour?.:.~ ...................................
c) Will you have a fadl/ty with/n~erators having a total chargh!.g capadty of no less'
than ~,000 pounds per hour? ..... .~ ......................................... '. ........................................................... gl Er
d) Will you have a fadlity with equipment or processes that are subject to Fexteral New
· Sotuce Performance Standards or National'Emission Standards for hazardous air pollutams? .......
i) Will you propose exhaust sta~k inject/on? ................................................................................ ~ IN/`
¢) Will you have a fadlity with the.~mfi~ to emit no less than 100 tons per year of any
reguhted air contaminant? ................................................................................................... , ...........
f) Will you have a facili~ with tho' potential to emit no less than l0 tons per year of any
hazardous air contam/nant or 25 tons per year of all hazardous air contaminanis? ......................... rl iN/
g) Will you construct or add stat/onmy or transporlablo fuel bum/ng equipment ofno.less
than l0 million Btu/hour in the City of Unalaska or tho City of St. Paul? .......................................
h) win you consh~ct or mod/fy in the Port of Anchorage a vohtil¢ liquid storage tahk with '
a volume no less than 9,000 barrels, or a volatile liquidloading rack with a design'
throughput no less than 1~ million gallons? ............................................. : .... : ................................. El
i) Will you bo requesting operat/onal or physical limits designed to reduce 6miss/ons from
an existing facility in an sir quality nonaUainment area to offset an emi,ss/on increase
from another new of mod/flexi f ..adhty? ................................................. , ................ , ........................ n [/]7
·
·
....
7; Will you.be developing, constructing, installing, or altering a public water sy~em? ..............................
·
.
8. a) Will your project involve the operation of waterborne tank vessels or oil barges
that carry crude or non-crude oil as bulk cargo, or the hansfer of oil or other '
petrol~ products to or from SUch a vessel or a pipeline sy~em? .................................................
b) Will your project require or/nclud¢ onshore' or offshore oil facilities with an
effective aggregate storage capacity of greater than 5,000 barrels of crude oil
or greaier than 10,000 barrels ofnbn-crude oil? ...................... :: .......................................................
Revised 7/22 . Pa~e 3
c)
Will you b~ operating facilities on the land or wat~ for the exploration or production
of hydrocarbons?
No
If you answered "NO" to ALL questions in this section, Continue to next section.
If you answered ".YES" to ANY of these questions, contact the DEC office nearest you for information and '
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 than 40 days after the permit is issued.
Based on your disoussion with DEC, please comploto ttio following:
9. Does your project qualify for a general permit for wastewater or solid waste? ........................................ [2 El
No~' ,4 g~m,rd perm~ b an approve7 ~ b~ DEC/or ~ Opar o]'rmaf~ ~.
If you apswered "YES" to any questions in this section.and are not applying for DEC permits, indicate reason:
i'] _ (DEC cohtact) told me on ". that no DEC approvals are required
on this project becaus~ _ _ ·
· , I I _ I J I .Il I I
12 Other: .......
DEPARTMENT OF FISH AND GAME'(DFG) APPROVAL~
1... Is your project I~ in a designated State Crame Refuge, Critical Habitat.Area or
Stato Cramo Sanomty? ........... : ............................. ; ................... ,..: .................. ~ ................. ~ ...... : .... , ..... . ..... O
·
2. Does your project include tlic'constmction/operafion of a salmon hatchery? .......................................... O
,. ·
· .
3. Does your project affect, or is it rehted to, a previously p~'mi~'salmon hatchery? ............................. O
Yes' No
4. Docs Your project inchdc thc coa~auction of an aquatic farm? ................................................ ; ............. C3
If you answered "No" to ALL questions in this section, continue to next section.
If you answered "Yes" to ANY questions under 1-4, contact the DFG Commercial Fisheries'Division
headquarters for information and application forms
B.ased on your discussion w/th DFG, please complete the following:
Types of project spprovals or pmnits needed
·
·
·
,
If you answered *'YES" to any questions in this section' and are not applying for DFG permits, Indicate reason:
Cl _. (DFG contact) told me on that no DFG approvals are required
on this project because _ '
·
_ _ _ . _ , , _- ,, ,,., . ~, .~ . --
C] Other: __ '
Revised 7/22 Page 4
· .
: ~ DEPARTMENT OF NATURAL RESOURCES (D~) APPROVALS
· 1: Is the proposed project on State-owned land or water or will you need to cross State-owned land
for accel? ("Accel" in~hde~ t~n~aty ~ for coaam~lion tmrpose~. ~ote: In addition to ~tat¢-owned uplands,
the ~ate owns almost all land below the ordinary high water line of navigable streams, rivers and lakes, and beJow the
mean high ~ line ~eaward for three mile~.) ..........................................................................................................
a) Is this.proje~ for a commerdal activity? ............................................................ .. ..................... ~ ........
·
2. Is the project on Alaska Mental Health Trust land ('AMHT) or will you. need to cross AIdHT had?
Note: Alaska Mental Health D~tst land is not consid~d State land for th¢ lnot~e of A CMP revi~nv~ ........... ~ ......................... ~] .
·
·
3. Do you plan to dredge or otherwise cxcavat~ve materi~ on Stat~-owned land? ........................... El
' Lo~ation of dredging site if different than the project site: '
Township _,. . Range_ ." Section~ Meridian .... ' US~S (~ Map.-_ _ , ·
4. Do you plan to place fill.or dredged mnt~ on State-owned land? .......................................................
Locaa'on of. fill disposal site if other than the project site:
·
5. DO. you plan to use any of the following State-owned resources: ............................................ : ....... ' .......
El/'~s~l~e~:. Will you be harrY§ timber? Amount: ... ·
Which material? Amount:
. o tion "' ' ...........
· '' Yes
5. Are .you planning to divt~rt, impound, withdraW, or use any fresh water, except from an existing
· public water syst~ or rbofrain catchment system (regardless of.land ownership)? ................ ~ .............. r'l
Amount (maxirnmn daily, not average, in gnllons per day): ..... . .....
= . _ , ....
_
South: Intended Use:
tr , yo, of, = to to
,.
7. Will you be building or altering a dam (regardless ~)f land ownership)? ............. ,.: .................................
8. Do you plan to drill a geothermal well (regardless of land ownership)? ................................... ~ ..... ~ ........
.
9. At any one site (regardless ofhnd ownership), do you plan to do any of the following? ........................
E! Mine.five or more acres over a year's time .
E] Mine 50,000 cubi~ yards or more of materials (rock, sand or gravel, soil, peat, overburden, etc.)
over a year's time
E! Have a cumulative tmrecl~ _mi_ned area of five or more acres
·
Ifyes to any of the above, contact DNR about a reclamation plan.
·
If you plan to mine less thru the acre~e/arnotmt stated above and have a cumulative unrccl~
mined area of less than five acres, do. you intend to file a voluntary reclamation plan for approval? ......
·
·
10. Will you be exploring for or exlracting coal? .............. '. ......... : ..................................................................
·
·
·
1 I. a). Will you be expl~g for or producing oil and gas? .........................................................................
b) Will you be conducting surface use nctivities on an oil ired gas lease or within an oil and gas unit?
12. Will you be investigating, removing,, or impacting historical or ar.chaeological or paleontological
'resources (anything over 50 yem~ old) on State-owned iand? .......... : ............. ' ........................ ' ....... VI
Revised 7/22 Page 5
13. Is the proposed pwjcct located within a known geophysical hazard area? .... ~ ................. '. ....................... El
l~ote: 6/btC 80.900(9) ~ g~oplo~ical iuitard areas a~ "tho~e area~ wldci pre~mt a thr~ to loee orproper~ from
geop~ or geological lu=a~, includ~~~ tsunami run-up, ~torm ~trge run-u~, land~lidas. ~now~lide~, faults:
l~e lumP. ~x~ion, and litto~ beacl .t~ce~.' ~laown geot~ical ~ area~ m~u~ any ar~a idea~ In h report or
map tntb~ by a f~dend, ~te, or local agency, or by a g~ologi~ or engineering ~g firm, or generally tnown by
lo~ taowl~dg~ a~ luning tnow~ orpo~ lum~ from g~olog~ ~eistn~, or bydrologlc pro~e~.
.
·
·
14. Is th~ proposed projeot looat~d in a unit of the Alaska 8tat~ Park S~m? ............ 2 ....... : ....................... E!
15. Will you be wo~_ 'rig in, removing water or rear. al'from, or placing anything in, a stream, river
br lake? iThis indodes wod~ or aaivi~i~s below t~c ~ hi~ wa~ mad~ or on ic~ in ~1~ ~tiw flood Plain, on islands,
in or on the face ofthe banks, or, for ~ ~or flowin8 through tidelands, abov~ lt~ level ofmcan lower low tid~)
Note: If tl~ pro~sed vroj~ i~ tocat~ ~ a ~!~i~,,S ~ ~n~ a floo~l,S~ .~~~.~~ ~y l~ ~
Contact tae off ~ city or ~raugl~ planning depatonent for additamal lnf ~n and a floo~lain determination.) .................
Namo ofwambody: __ _
o
·
1'6. Will you do any'of tho following: .... ' ........................... r'i
Please indicate be. low:
El Build a dam, river training stm~, other
r'i Use the water
E! Pmnp water into or out of'streara or lake
(including dry channels) ~'
El Divca or alter thc natural stream channel
El Ch~ge the water flow or the stream channel
E! ln~uce silt, gravel, rock, petroleum
· produ~, debris, brush, trees, chemical, or
other organic/inor~~'~~, including
waste of any type, into the water ..~
Alter, stabilize or restore the banks of'a riv~,
stream or lake (provide numbcr of linear feet
aff~ alons the bank(s)
Mine, dig in, or remove material, including
woody debris, from the beds o~ banks of a
w~=5ody
Usc explosives in or near ~:watcrbody.
n
El. Build a bridge (including an ice bridge)
El Use thc stream, lake or watetbody as a'road
(oven when. frozen), or cross thc stream with
· tracked or wheeled vehicles, log~lraggin8 or
excavation equipment Coack~, bulldozers,
etc.)
lnmll a culvert or other drainage structure
Construc~ place, excavate, dispose or. remove
any tmgcn'al'below the ordinary hi'gh water ora.
Construct a storm water discharge or drain into
thc waterbody
Place pilings or. anchors..
Construct a dock
Construct a utility line crossing
Maintain or repair an existing structure
U~e an instream in-water strucaa~ not
mentioned here
n
13
13
13
0
If you answered "No': t~ ALL questions in this section, continue to next section.
H you answered "Yes** to ANY questlonsunder 1-16, contact the Area DNI~ office for information and
application forms.
Based on your discussion with DNR, please co. mplet~ the-following:
Typ~ ofproject approvals or Inmnils need~
If you answered "YES" to any questions in this section and are not applying for DNR permits, indicate reason:
n _. .(DNR contact) told me on __ _ . _. ___ that no DNR approvals are required
on this project because .
. _ i , . ~ I Illll I _l-
·
·
·
Revis~ 7/22 Page 6
·
1 FEDERAL APPROVALS
'U.S. Army Corps of Engineers (COE)
1.
~es No
Will you bc dredging or placing structures or fills in any. of thc following:. '
tidal (ooean) waters? stroams? lakes? wetlands*? ................................................ ~ ................................... ~ El
If yes, have you appliccl fqr q COE permit? ...: ............ ~ ............................................. : ................... ~...I~ F1
. Date of submittal: _ '}/~/0 ~' ....... . ....... _ .......
(Note: Your application for this ~ to the COE alto serve, tar application for DEC ~ater Quality ~fwation.)
*If)nm are not certain whe~wr your protna~e~ project i~ in a w~and~ (wetlan~ include smskegs), contact the COE.
Regulatot~ Branch at ~07) 753-2720 for a wetldnd~ ~n (ma:side ~e.4~rorage area ~ tOII fr~ 1-800-4~8-.2712).
·
·
Bureau of Land Management (BLM) .
2. Is the proposed project located on BLM land, or will you need to cross BLM land for access? .............. r'!
If yes, have you applied for a BLM permit or ippmval? ................................................................... El 13
Date of submittal: ........ ·
.~_-. _
.
U.S. Coast Guard (U$CG) ·
3.. a) Will you be constructing a bridge or cao~ .way over tidal (ocean) waters, or navigable rivers,
'streams or lakes? ................................... , ............................................................................................ E!
'b) Does.your.project involve building an access to an island? ........................................... .. .................. E!
c) Will you be siting, constm, cfing, or opera~g a deepwater port?., .................................................... vi
If yes, have you applied for a USCG permit? ' . ..... El El
Date of submittal:
. .
U.S. Environmental Pro~~n Ag. ~mcy (EPA) ' '
4. a). Will lhe proposed project have a discharge to any waters? ...................................... ; ........................ E!
b) Will you be '.disposing of sewage sludge (contact .EPA.at 206-553-1941)? ....................................... E! ·
If you' answered yes to a) or b), have you .applied for an EPA National Pollution Disc.h. arge
. E 'hmh~on System (NPDES) permit?. · .. ....................... ;: ............ 13 E!
Date of submittal: · .. '.
c) Will c0nstmction of yom' project expose 5 or more acres of soil? (r~ appt~ t..o..tae totat amou~ of
~ tar~ w~onon plan ofde~p~nt or ~ale.) ................................................................... , ............................. El Iq
'd) Is your project an ind~ facility which will have storm~~ discharge which is directly
related, to manufactthing, prig, or raw materials storage areas at an industrial plant? ............. E! E!
If you answered yes. to c) or d), your project may require an NPDES Stormwater lgrmit
Contact EPA at 206-553-8~99. ~
...
Federal Aviation Administration (FAA)
·
5. a) Is yom' project located within five rnil~ of any public airport? ...............................................
b) Will you have a waste discharge that is likely to decay wiflfin 5,000 feet o.f any public aitpoR? ...... El
If.yes, please contact the Airports Division of the FAA at (907) 271-5444.' ·
Federal En'~ Regulatory Comm!.~sion (FERC)
6. a) Does the project include any of the following:
1) a non-federal hydroelectric project on any navigable body of water ........................................... E1 ~
.
' 2) a location on federal land (including transmission'lines) ............................................................ El I~
3) u 'tflizafion of surplus water from any federal government dam .............................. ~ ............ , ....... I-! fi2/
b) Does thc project include construction and operation, or abandonment of natural gas pipelihc
facilities under sections Co) and (c) of the Federal Power Act 0q~A)? ......... ' ........ i ............ ; ......... E] ~-
Revised 7/22 ' Pa~e 7
Does the project include construction for physical int~ection of electric-transmission
facilities under.section 202 (b) of the FPA? ......................................... ~ .......... ~ .................... ~ ............. f-i
If you answered yes to any questions under number 6, have you appli~ for a permit from
Date of submittal:
'(~otex For info~ ~ntac2 F,~RC. O~ "of tI~dr°poW~r I. dz~n~ing (~03) ~lg-gffffS; O~ce of Pipeli~ .....
Regula~n (202) 208-0700; ~ of £1ectric Power Regulation (202) 208-1200.)
No
U S. Forest Service
7. a) Does tho picoposed project involv0 construction on USF8 land? ................ ; .................................... ;.13
b) Does tho proposed projo~ involve tho crossing: of UgF8 land with a waterline? ............................ El
If tho answer to ,~,h~ question is yes, have you applied for a USFS permit or approval? .........
Date ofsubmiltal: __ _- ., . .......... : .....
8. Have you applied for any other fedml penuits or auth~tions? .......................................................... O IN~
AOENCY .. A~ROVAL TYPE DATB SUl~drrf~
·
·
·
·
·
Please be advised that 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 infommtion contained herein is true and cotnpletc to thc best of my knowledge. I .c~dfy that thc ~sed
activity complies with, and will be .conducted in a mann~ consist~t' with, thc Alaska Coastal Managomeat
Progr ·
·
Signalu~ of App~ or Agent
·
·
....... ii i _ _ ii i , ......... Ill I · , .imm. .
l~ote: Federal agencies conducting an activity that will affect the c, oasml zone are required to submit a federal 'l
consistenoy determination, per 15 .CFR 930, Subpart C, rather than this cetfifi~tion ~at~t.. ' . [
ACMP... has developed a guid, tO. assist_ federa,1, ,agencies v~th.this .t~Cl~t C_.on. tnct A_.CMP. to obtain a copy..!
·
This ~e.~ion ~ent will not 1~ complo~ m'ttil all r~iuir~ Stat, and f~:l~ auth~on
be~ ~bmitt~ to th, at~p .rgl~t,
To comi~lete you~ packet, please attach your State permit applicatiom and copies of your federal permit
applications to this.questionnaire.
Revised 7~.2 Page 8 '.
US Army Corps
of Engineers
Alaska District
Regulatory Branch (1145b)
805 Frontage Road
Suite 200C
Kenai, Alaska 99611-7717
Public Notice
of AppliCati, ....... ...... i'i
for Permit
PUBLIC NOTICE DATE
EXPIRATION DATE:
REFERENCE NUMBER:
March 24, 2005
April 19, 2005
POA-2005-423 -1
WATERWAY: Kenai River
Interested parties are hereby notified that an application has been received for a
Department of the Army permit for certain work in waters of the United States as
described below and shown on the atta.ched plan.
APPLICANT: Mr. Winston Gillies, P.O. Box 1486, Kenai, AK 99611; 907-283-4115
LOCATION: Approximate Kenai River mile 3.5, in the NW'~ SE ~ NW ~ Section 17, T.
5 N., R. 11 W., Seward Meridian, in' Kenai, Alaska; Latitude 60.5253~N, Longitude
151.2486°W..
WOR.K: To install a mooring buoy and associated anchor and chain below the mean
high water (MHW) mark of the Kenai River.. The proposed mooring buoy would be
seasonally removed at the end of the fishing season. The proposed mooring buoy'
would be 30" in diameter, and the attached :chain would extend 60' to the pr.oposed
400 pound concrete anchor measuring 18" X 18" X 18".
PURPOSE: To tie off a commercial fishing boat during t. he salmon season each year.
~DITION.AL INF.0...RMATION: The proposed mooring buoy would be located apprbximately
150' from mooring buoy numbers 15 and 16, authorized to Ward's COve Packing
Company on March 13, 1990, and 'transferred to Kenai Landing, Inc., on. July 7,
2004, under Department of the Army. permit POA-1989-345-1; approximately 150' west
of mooring buoy number 2 authorized to Inlet Fisheries on September 22, 1993; and
approximately 200 linear feet east of the northern property line of Lot 8 Block 1
of the Kenai Peninsula Estates 'Subdivision, Part 3, Kenai Peninsula Borough (KPB)
parcel number 049-420-17.
.
There are approximately 150 mooring buoys authorized by individual permits within
the first three miles of the Kenai River. These mooring buoys are seasonally
installed by individuals and companies for commercial use during the commercial
fishing season. Between Kenai River' mile 2.8 and 3.7, there are approximately 66
mooring buoys authorized by DA individual permits or letters of permission. Of
these 66 mooring buoys, 27 of these authorizations are for Inlet Fisheries (DA
file numbers POA-1978-175-2 and POA-1978-175-N), 33 are authorized to Kenai
Landing, Inc (DA'file numbers POA-1989-345-1, PO;~-1989-345-M, and POA-1990-337-A),
4 are authorized to Seward Fisheries (DA file number POA-1988-281-1), 1 is
authorized to Mr. Morris Porter (DA file number POA-1989'-345) and 1 is authorized
to Mr. Robert Porter(DA file POA-1989-345).
.
WATER QUALITY CERTIFICATION: Because the Proposed project is subject to only
Section 10 of the Rivers and Harbors Act of 1899, a certification or waiver of
certification as required under Section 401 of the Clean Water Act (Public Law 95-
217) from the ;tlaska Department of Environmental Conservation is not necessary.
COASTAL ZONE MANAGEMENT ACT CERTIFICATION: Section 307(c)(3) of the Coastal Zone,
Management Act of 1972, .as amended by 16 U.S.C. 1456(c)'(3), requires the applicant
to certify that the described activity affecting land .or water uses in the Coastal
Zone complies with the Alaska Coastal Management Program. A permit will not be
issued until the Office of Project Management and Permitting, Department of
Natural Resources has concurred with the applicant's certification.
PUBLIC ..H.EARING: Any person may request, in writing, within the comment period
specified in this notice, that a public hearing be held to consider this
application. Requests for public hearings shall State, with particularity,
reason~ for holding a public hearing.
CULTURAL RESOURCES: The latest published version of the Alaska Heritage Resources
~ ~~~ ~ been consulted for the presence or absence of historic
properties, including, those listed in or eligible'for inclusion in the National
Register of Historic Places. There are no listed or eligible properties in the
vicinity of the worksite. Consultation of the AHRS constitutes the extent of
cultural resource investigations by the District Engineer at this time, and he is
otherwise unaware of the presence of such resources. This application is being
coordinated with the State Historic Preservation Office (SHPO). Any comments SHP0
may have concerning presently unknown archeological or.historic data that may be
lost or destroyed.by work Under the requested permit will be considered in our
final assessment of the described work.
ENDANGERS.D .S.PECIE~S: No.. threatened or endangered species are known to use the
project area. ~
Preliminarily, the described activity will not. affect ~hreatened or endangered
species, or their critical habitat designated as endangered or threatened, under
the Endangered Species Act of 1973 (87 Stat. 844). This application is being.
coordinated with the U.S. Fish and Wildlife Service and the National Marine
Fisheries Service. Any comments they may have concerning endangered or threatened
wildlife or plants or their critical habitat will be considered in our final
assessment of the described.work.
~SSENTIAL FISH HABITAT:' The proposed work is being evaluated for possible effects
to Essential Fish Habitat '(EFH) pursuant to the Magnuson Stevens Fishery .
Conservation and Management Act of 1996 (MSFCMA), 16 U.S.C. et seq and associated
federal regulations found at 50 CFR 600 Subpart K. The Alaska .District includes
areas of EFH as Fishery Management Plans. We' have reviewed the January 20, 1999,
North Pacific. Fishery Management Council~s Environmental Assessment to locate EFH
area as identified by the National Marine Fisheries Service (NMFS).
We have determined that the described activity within the proposed area will not
adversely affect EF*rI, including anadromous fish and federally managed fishery
resources.
·
SPECIAL AREA DESIGNATION: None.
EVALUATION: The decision whether to issue a permit will be based on an evaluation
of the probable impacts including cumulative impacts of the proposed activity and
· its intended use on the public interest. Evaluation of the probable impacts,
which the proposed activity may have on the public interest, requires a careful
weighing of all the factors that become relevant in each particular case. The
benefits, which reasonably may be expected to accrue from the proposal, must be
,
· 2
balanced against its reasonably foreseeable detriments. The decision whether to
authorize a proposal, and if so, the conditions under Which it will be allowed to
occur, are therefore determined by the outcome of the general balancing process.
That decision should reflect'the national concern for both protection and
utilization of important resources. All factors, which may be relevant to the
proposal, must be considered 'including the cumulative effects thereof. Among
those are conservation, economics, aesthetics,.general environmental congerns,
wetlands, cultural values, fish and wildlife values, flood'haza~ds, floodplain
values, land use, navigation, shore erosion and accretion, recreation, water
supply and conservation, water quality, energy needs, safety, food and fiber.
production, mineral needs, considerations of.property ownership, and, in general,
the needs and welfare of the people. For activities i~volving 404 discharges, a
· permit will be denied if the discharge that would be authorized by such permit
would not comply with the Environmental Protection Agency's 404(b)(1) guidelines.
Subject to the preceding s~ntence and any other applicable guidelines or criteria
· (see Sections 320.2 ~nd 320.3), a permit will be granted unless the District
Engineer determines that it would'be contrary to the public interest.
The Corps of Engineers is soliciting.comments from the public; Federal, State, and
local agencies and officials; Indian Tribes; and other interested parties in order
to consider and evaluate the impacts of this proposed activity. Any comments
received will be considered by the Corps of Engineers to determine whether to
issue, modify, condition or deny a permit for this proposal. To make this
decision, comments are used to assess impacts on endangered species, historic
.properties, water quality, general environmental effects, and the other public
interest factors listed above. Comments are used in the preparation of .an
Environmental .Assessment and/or an Environmental'Impact Statement pursuant to the
National Environmental Policy Act. Comments are also used to determine the n~ed
for a public hearing and to determine the overall public interest of the proposed
activity.
.Comments' on the described work, with the reference number, 'should reach this
office no later than the expiration, date of this Public Notice 'to become part of .
the record and be considered in the decision. Please contact Ms. Lisa Gibson at
(907)283-3519, if further information is desired concerning this notice.
·
AUTHORITY: This permit will be issued or denied under the following authorities:
·
(X) Perform work in or affecting navigable waters of the United States -
Section 10 Rivers and'Harbors Act 1899 (33 U.S.C. 403).
A plan, Notice of Application for Certification of ConsiStency with the Alaska
Coastal' Management P.rogram, and Notice of Application for State Water Quality
Certification are attached to this Public Notice.
.
Attachments
District Enginee'r
U.S. Army,. Corps of Engineers
''viC
I NI,Ty MAP
:!
0}! Plalform A e
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,
POA-2005.423.1
PROPOSED MOORING BUOYS
IN: KENAI RIVER
AT: KENAI
MUNICIPALITY OF: KENAI
STATE OF: ALASKA
APPLICATION BY.- WINSTON GILUES
SHEET: 1 OF 3 DATE: 316/2005
~ UF.~I HI~HWA'IZR UNUC ~
PLAN VI'EW
PROPOSED
MOORING
BUOY IN THE
KENAI RNER
POA.2005.423-1
PROPOSED MOORING BUOYS
IN: KENAI RIVER
AT: KENAi
MUNICIPALITY OF: KENAI
STATE OF: ALASKA
APPLICATION BY: WINSTON GILLIES
SHEET: 2 OF 3 DATE: 31612005
o
! iii i i i , i
CROSS S
CTION V.I
W
o.
%1 HLL. W
POA-2005-423-1
PROPOSED MOORING BUOYS
IN: KENAI RIVER
AT: KENAI
MUNICIPALITY OF: KENA!
STATE OF: ALASKA
APPLICATION BY: WINSTON GILUES
SHEET: 3 OF 3 DATE: 3/612005
-
.STAT
FRANK H. MURKOWSKI, GOVERNOR
OF ALASKA
OFFICE OF THE GOVERNOR
DEPT. OF ENVIRONMENTAL CO'NSERVATION*
D-TVZ ~ 3:019' OF ~q~TER
401 Certification Program
Non-Point Source Water Pollution Control Program
o
r~o~ic~ o]~
· FOR
STATE WATER QUALITY CERTIFICATION
Any applicant for a federal license or permit to conduct an activity that might result in a discharge into
navigable waters, in accordance with Section 401 of the Clean Water Act of 1977 (PL95-217), also must apply.
for and obtain certification from .the Alaska Department of Environmental Conservation that the discharge will
comply with the Clean Water Act, the Alaska Water Quality Standards, and other applicable State laws. By
agreement between the U.S. Army Corps of Engineers and the Department of Environmental Conservation,
application for a'Department of the Army permit to discharge dredged or fill material into navigable waters
under Section 404 .of the Clean. Water Act also may serve as application for State Water Quality Certification.
'Notice is hereby given that the application for a Department of the Army Permit d~scribed in the Corps of
· :" · · Engineers' Public Notice No. POA-2005-423-1, Kenai River, serves as application, for'State Water Quality
Certification fi'om the Department of Environmental Conservation.
After reviewing the application, the Department may certify that there is reasonable assurance that the activity,
and any discharge that might result, will comply with the Clean Water Act, the Alaska Water Quality Standards,
and other applicable State laws. The Department also may deny or {valve certification.
Any person desiring to comment on the project with respect to Water Quality Certification may submit written
c. ommcnts within 30 days of thc date of thc Corps of Engineer's Public Notice to:
·
Department of Environmental Conservation
WQM/401 Certification
555 Cordova Street
Anchorage, Alaska 99501-2617
Telephone: (907) 269-7564
FAX: (907) 269-7508
Attachment 2
·
STAT
FRANK H. MURKOWSKI, GOVERNOR
OF ALASKA
OFFICE OF THE CK)~~OR
DEPARTMENT OF NATURAL RESOURCES
OFFICE OF PROJECT MANAGEMNT AND PERMITTING
ALASKA COASTAL ZONE MANAGEMENT
550 WEST 7va AVENUE~ SUITE 1660
ANCHORAGE, ALASKA 99501-3568
NOTICE OF APPLICATION
FOR
CERTIFICATION OF CONSISTENCY WYI~ T]~
ALASKA COASTAL MANAGEMENT PROGRAM
Notice is hereby given that a request is being filed with thc Office of Project Management and Permitting for a
consistency determination, as provided in Section 307(c)(3) of the Coastal Zone Management Act of 1972, as
amended [16 U.S.C. 1456(c)(3)], that the project described in the Corps of Engineers Public Notice No.
POA-2005-423-1~ Kenai River~ will comply with thc Alaska Coastal Management Program and that the
project will be conducted in a manner consistent with that program..
·
The Office of Project Management and Permitting requests your comments, particularly on thc proposed project's
consistency with the affected local coastal district management program. For more information on the consistency
review contact OPMP at (907) 269-7470 or (907) 465-3562, or visit the ACMP web site at
http://www.gov, state.ak.us/gdc/Projccts/projccts.html.
Attachment 3
APPUCATION I~1'' DEP~NT'OF THE ~MY PERMIT
I
OMB
APPROV~
NO.
..... _ ............... . (~_ cFR ~) I
Expires December 31,-2(X)4 ..
W~, ~d~k~ ~ ~ ~ bib ~, to De~d Defmwe,-Waddngtoa Headquaders Service Directorate o~ inf~
Papena~k ~ Proiect (.0710-0003). Washingto~ DC 2O5O3. ~ dKw~ be aware that noLv~'~anding any outer provision d ~aw. no
person shall be subject Io any ~. for fai4~ to Gomply ~dth a coll~ of infofambn ifit does noL~ a currently valid OMB control number.
: -- - .... ' ....... P~rvAc~ACTST^YE~. ....... ' ......
San~ Act, Seclion 103, 33 USO 1413. Pdn~ Propose: Informa~ ~ m ~~d be used In evalua~ the apl~ for a
!
· _ _ .,._ ..... ~ _~ '
- ".'- -;~ea. OW-TO~m.L~Br~FF~ ..............
5. XPmch:rrs ~E ........... ...^UmO.~ED'^~~ .....
,. .....i -.- . ,.. __ - ....... _ ....
'1',' HAFt Ot).7.005 .'
·I I KENAI REGULATORY FIELD OFFIC~:
.. ! A~DIS...TPd!~:_,T: CO~RPS OF E~INEER~
~o. AGENTS PH~E ~~-Wn~ ~ C(X)E
.,. · ~ iii .....
APPI.IOANT~ SIGNATURE DATE , ,NJLM~,, I.OOATION ~ D~ OF PROJECT OR',~~
' 1~' ~E OF WA~i'ERBO~Y. ~1F KNOWN Ct ~e/' 1 i':~, PROJECT' ~-m~ ~,ESS ~,,/~/~;) .....
~
- 15. LOCATION OF PROJECT
·
·
-' 'i7. BII~IECTIONS 2~O 'I;I'IE sITE- -ir U --= '
-*'=NG FORM 4345, Jul 97
· - ~. ~oN OF SEP-I)4 IS ~ -- '" - (P~: CECW-OR)
,
I~ ~e md ~urate. I fur~r c~rl~ ~ I ~ the ~ t~ undeml~ ~e ~ork ~ her~ or mn ~ ~ tim ~ .~
·
The application mt be dgned by Ihe pen;off who cleslm~ to undertake the propos~ acavity (applicant) or It may be $I~ by i~ duly a~
agent if Ihe statement in block 11 has been filled out and. signed, '
..
18 U.8.O. Seclio~ 1001 provides Ihat: Whoever, in any manner within the Jurisdiction of any department or agency of the United States, knowingly
and willfully ~$, conceals, Or covers up any t~=k scheme, or disguises a material fact or makes any false, fictitious or fraudulent.statements or
representations or makes or uses an~ false writing or docume~ knowing same to contain any false, f~itious or fraudulent statements or entry, shall
be fined not mom than $10,000 a' imp~ed not more than five ye~r; or bolb. , '"