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HomeMy WebLinkAbout2005-07-13 Planning & Zoning Packet COMMISSION CHAIR REPORT July 13, 2005 REGULAR COMMISSION MEETING CHANGES TO THE AGENDA REOUESTED BY: 5/1 Letter from Larry Lowenstein STAFF 7c Email from Brad Meiklejohn The Conservation Fund STAFF Keith Kornelis From' BradMeiklejohn@aol.com Sent: Friday, July 08, 2005 3:11 PM To' Keith Kornelis Subject: The Conservation. Fund Keith, I've attached here a two-page document about The Conservation Fund's work in Alaska. I've also mailed you several copies of our latest annual report. In addition to the projects listed in the attachment, The Conservation Fund has been active in habitat conservation along the Kenai River. Over the past 12 years we have protected approximately 1.5 miles of fiver frontage for wetlands and habitat protection. The specific parcel names of properties we have acquired are Grubba, Caner, Wellenstein, Mullen, Patson, and Tall Timbers. Our interest in purchasing property from the City of Kenai is to protect these important wetlands for migratory birds, fish, and water quality. The funds that we have available to make these purchases stipulate that the wetlands be permanently protected. After acquiring any property from the City of Kenai our intention is donate the lands to an appropriate land managing entity. The Conservation Fund will not be the long-term owner and manager of these lands. It is most likely that any lands acquired from the City will be donated to the State of Alaska for inclusion in the Kenai River Special Management Area, with specific provisions that preclude development of the parcels. I also should emphasize that we are interested in purchasing any combination of parcels 1-7 that is acceptable to the City of Kenai. If folks need more information about The Conservation Fund, they are invited to visit our website at www.conservationfund.org Sincerely, Brad Meiklejohn Alaska Representative The Conservation Fund. 2727 Hiland Road Eagle River, Alaska 99577 (907) 694-9060/9070fax www.conservationfund.org The Conservation Fund Rated A+-- The Top Environmental Non-Profit in the Nation -- by the ~4merican Institute of Philanthropy Notice: This email message, including any attachments, is for the sole use of the recipients to whom it is addressed, and may contain information that is proprietary, privileged and/or confidential. If you are not the intended recipient, please contact the sender by reply email and delete the original message without making any copies. If you are not the intended recipient, unauthorized review, copying, use, disclosure, or distribution is improper and may be subject to legal sanctions. Although this e-mail and any attachments are believed to be free of any virus or other defect that might affect any computer system into which it is received and opened, it is the responsibility of the recipient to ensure that it is virus free and no responsibility is accepted by The Conservation Fund for any loss or damage arising in anyway from its use. 7/11/2005 ACRES CONSERVED 277,200 VALUE OF LAND PROTECTED $117,470,000 KEY PARTNERS Bristol Bay Native Corporation Columbia Sportswear ConocoPhillips Alaska, Inc General Communication, Inc. Goldman Foundation Gordon and Betty Moore Foundation Kodiak Brown Bear Trust National Fish and Wildlife Foundation National Park Service Nushagak-MulchatnaJWood-Tikchik Land Trust Orvis PureFishing Rapala Richard King Mellon Foundation Royal Caribbean Intemational Southwest Alaska Conservation Coalition State of Alaska Too Far US Fish & Wildlife Service Vital Ground Foundation Wildlife Forever Woolrich THE CONSERVATION FUND ALASKA .Though Alaska is a state of great expanse, small places matter. For nearly a decade, The Conservation Fund has been protecting the special places of America's last gmat frontier. To date, the Fund has helped to conserve more than 277,200 acres of Alaska's most extraordinary landscapes -- from majestic forestlands to world-class fishing spots to ragged coastlines. Working with public and private partners through- out the state, the Fund has helped to acquire and permanently protect land valued at more than $117 million. The Conservation Fund's accomplishments in Alaska include the acquisition and permanent protection of: · 37,360 acres at Morzhovoi Bay in the Alaska Peninsula National Wildlife Refuge · 208,378 acres in the Kodiak National Wildlife Refuge · 13,047 acres at Canoe Bay in the Alaska Peninsula National Wildlife Refuge · 8,497 acres within the Izembek National Wildlife Refuge · 4,400 acres at Point Possession within the Kenai National Wildlife Refuge · 3,000 acres in Wrangell-St. Elias National Park · 840 acres on Cape Bingham within the Tongass National Forest · 716 acres in Peters Creek within the Chugach State Park · 400 acres along the Agulowak and Agulukpak Rivers in Wood-Tikchik State Park THE CONSERVATION FUND Glenn Elison, Alaska State Director 6400 Andover Drive · Anchorage, AK 99516 Phone: (907)868-7974 · Fax: (907)929-0912 · Email: glennelison~alaska.com CITY OF KENAI PLANNING & ZONING COMMISSION AGENDA CITY COUNCIL CHAMBERS July 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. *June 22, 2005 3. SCHEDULED PUBLIC COMMENT' 4. CONSIDERATION OF PLATS: 5. PUBLIC HEARINGS: a. PZ05-44 - An application for an Encroachment Permit for a 6-foot side yard encroachment for the property known as Lot 3, Block 4, Thompson Park Subdivision (130 Nevada Street), Kenai, Alaska. Application submitted by Dean & Deanna Roney, · 130 Nevada Street, Kenai, Alaska. ~-' ~ 6. OLD BUSINESS' ® ge NEW BUSINESS: a. PZ05-42 - A resolution of the Planning and Zoning Commission of the City of Kenai Alaska recommending to the Council that the Land Use Table in KMC 14.22.010 be amended to add a footnote to the Conservation Zone Land Use Table to allow seasonal and temporary food service as an allowed use. Discussion- Set Public Hearing. PZ05-43 - A resolution of the Planning and Zoning Commission of the City of Kenai, Alaska recommending to the Council that the Land Use Table in KMC 14.22.010 be amended to allow retail businesses such as gift shops and coffee shops in the Education Zone as a secondary use. Discussion- Set Public Hearing. Land Trade for Boating Facility Exit Road- Discussion & Recommendation. Determine if Lot 1, Block 1, Thompson Park, Addition No. 1 needed for public purpose - Discussion and Recommendation. bo 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 Agenda July 13, 2005 Page 2 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. Kenai River Cemer Permit 5824 - Gary Foster- Dock Upgrade b. U.S. Army Corps Public Notice of Application For Permit- City of Kenai Dock Expansion c. "Zoning Bulletin"- June 10, 2005 d. Citizen's Guide to Appeal 13. COMMISSION COMMENTS & QUESTIONS: 14. ADJOURNMENT: Work Session Immediately Following Regular Meeting- Development of a Mixed Use Overlay Zone - Discussion CITY OF KENAI PLANNING & ZONING COMMISSION AGENDA CITY COUNCIL CHAMBERS June 22, 2005 - 7:00 p.m. lo CALL TO ORDER: a. Roll Call b. Agenda Approval c. Consent Agenda *All items listed with an asterisk (*) are considered to be routine and non-controversial by the Commission and will be approved by one motion. There will be no separate discussion of these items unless a Commission Member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. e *APPROVAL OF MINUTES: a. *June 8, 2005 3. SCHEDULED PUBLIC COMMENT: e CONSIDERATION OF PLATS: a. PZ05-40 - Preliminary plat for Justa Subdivision. Submitted by Integrity Surveys, 8195 Kenai Spur Highway, Kenai, Alaska. b. PZ05-41 - Preliminary plat for Rodland Subdivision. Submitted by Integrity Surveys, 8195 Kenai Spur Highway, Kenai, Alaska. 5. PUBLIC HEARINGS: 6. OLD BUSINESS: 7. NEW BUSINESS: 8. 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 (5/25/05) b. Land Trade for Boating Facility Exit Road. 13. COMMISSION COMMENTS & QUESTIONS: 14. ADJOURNMENT: Work Session Immediately Following Regular Meeting - Comprehensive Plan - Goals & Objectives - Discussion CITY OF KENAI PLANNING/k ZONING COMMISSION CITY COUNCIL CHAMBERS JUNE 22, 2005 - 7:00 P.M. CHAIR JOHN HAMMELMAN, PRESIDING MINUTES ITEM 1: CALL TO ORDER Chair Hammelman called the meeting to order at approximately 7:00 p.m. 1-a. Roll Call Roll was confirmed as follows: Commissioners present: Commissioners absent: Others present: P. Bryson, J. Twait, B. Eldridge, N. Amen, J. Barrett, C. Glick, and J. Hammelman None. City Clerk C. Freas, City Planner M. Kebschull, Council Member J. Moore A quorum was present. X-bo Agenda Approval MOTION: Commissioner Bryson MOVED to approve the agenda and requested UNANIMOUS CONSENT. Commissioner Glick SECONDED the motion. There were no objections. SO ORDERED. X'Ce Consent Agenda MOTION: Commissioner Eldridge MOVED to approve the consent agenda as presented and requested UNANIMOUS CONSENT. Commissioner Amen SECONDED the motion. There were no objections. SO ORDERED. ITEM 2: APPROVAL OF MINUTES-- June 8, 2005 Approved by consent agenda. ITEM 3: SCHEDULED PUBLIC COMMENT-- None. ITEM 4: CONSIDERATION OF PLATS PZ05-40 - Preliminary plat for Justa Subdivision. Submitted by Integrity Surveys, 8195 Kenai Spur Highway, Kenai, Alaska. City Planner Kebschull explained the following: · The plat would subdivide the existing parcel into two smaller lots of 1.705 acres each. · The property is zoned Suburban Residential. · The resulting lots would meet the lot size requirements for the zone (minimum of 7,200 feet). A majority of both parcels are within a designated flood hazard area according to the Borough. · Lot 1 would be accessed from Candlelight Drive. · Lot 2 would have to be accessed from the Kenai Spur Highway and approval will need to be acquired from the Department of Transportation for that purpose. · Water and sewer is available for Lot 1. · Water and sewer, for Lot 2 must be able to support on-site sewer and water meeting Alaska Department of Environmental Conservation (ADEC) requirements. · The City Engineer found enough area on the lots will be available for development. MOTION: Commissioner Bryson MOVlgD for approval of PZ05-40 with the incorporation of staff comments. Commissioner Eldridge SECONDED the motion. There were no public comments. Commissioner Amen noted, because of the amount of wetlands as part of the lots and a small amount of area for developing, he asked if there was a potential for setback variances to be requested. Kebschull stated, there should be sufficient depth and width on the developable area of the lot to meet the setback requirements. She added, the city's main concern was the on-site water/sewer service on the one lot. Kebschull also noted, the original parcel was purchased from the Borough land sale and the Borough had not subdivided because they felt it was not developable. She added, Lot 1 could have two front setbacks, depending on how a building is situated on the property. Lot 2 would require access from the highway. Commissioner Bryson asked if the need for ADEC approval of water/sewer service to Lot 2 needed to be included as part of the Commission's recommendation. Kebschull reported, the requirement was already a note entered on the plat. PLANNING & ZONING COMMISSION JUNE 22, 2005 PAGE 2 VOTE: Bryson Yes Twait Yes Amen Yes Barrett Yes Hammelman Yes Eldrid§e Glick Yes Yes MOTION PASSED UNANIMOUSLY. 4-bo PZ05-41 - Preliminary plat for Rodland Subdivision. Submitted by Integrity Surveys, 8195 Kenai Spur Highway, Kenai, Alaska. Kebschull noted the following: · The request is a simple plat removing the lot line between Lots 27 and 28 to create the resulting 2.248-acre parcel. · The properties were purchased from the city and the owner's intent as to build a garage. The owner learned a garage is considered an accessory structure and the lot line would need to be removed. · Staff had no objections to the request. Bryson noted, on the one side of Lot 1, the right-of-way for the highway is shown on both sides of the highway, however on the plat, no right-of-way is indicated on the north side of the highway. Kebschull explained, they have found the right-of-way is indicated only when a plat is actually platted with regard to old government lots along the Spur Highway. She added, some of the government lots cross the highway and in this situation, Lots 25 and 26 are both developed lots and it was not known why the right-of-way was not indicated. Kebschull continued, when the Spur Highway was last upgraded, a State easement was identified. MOTION: Commissioner Amen MOVED for approval of PZ05-41 and Commissioner Eldridge SECONDED the motion. VOTE: Bryson Yes Twa_it Yes Amen Yes Barrett Yes Hammelman Yes MOTION PASSED UNANIMOUSLY. ITEM 5' PUBLIC HEARINGS-- None. Eldrid§e Glick Yes Yes PLANNING & ZONING COMMISSION JUNE 22, 2005 PAGE 3 ITEM 6: OLD BUSINESS-- None. ITEM 7: NEW BUSINESS -- None. ITEM 8: PENDING ITEMS PZ05-16 - An application to rezone the area known as Tract C, Daubenspeck Property Subdivision, (170 Brid§e Access Road), from suburban residential to §eneral commercial. Application submitted by John Hammelman, Chair, Plannin§ & Zonin§ Commission, City of Kenai, 210 Fidal§o Avenue, Kenai, Alaska. (Tabled until brought back by Administration.) No discussion. ITEM 9: CODE ENFORCEMENT -- None ITEM 10' REPORTS 10-a. City Council -- Council Member Moore reviewed the June 15, 2005 council meetin§ a~enda and actions taken. 10-b. Borough Planning -- Commissioner Bryson reviewed the Planning Commission's meeting agenda of June 13 and actions taken. 10-c. Administration -- City Planner Kebschull reported the following: · Information related to the proposed land trade for the Boating Facility Exit Road was included in the packet for the Commission's review. Council requested the Planning & Zoning and Harbor Commissions review and make recommendation. Notices of the issue and meeting dates were mailed to the property owners within 300 feet of the proposed trade properties as well as property owners in Angler Acres. The Harbor Commission will discuss the issue at its July 11 meeting and the Planning & Zoning Commission will hear it at its July 13 meeting. Public Works Manager Kornelis will be attending the Commissions' meetings to assist in the discussions. · Code amendments to allow seasonal food vendors to operate on the South Spruce Street beach area (currently a Conservation Zone) will be introduced at the Commission's July 13 meeting with the public hearing scheduled for July 27. Bryson stated his concern of the proposed trade of wetlands and the value of retaining the properties for future mitigation trades. City Clerk Freas reported that concern had been expressed during the council's discussion at its June 15 meeting. Kebschull also PLANNING & ZONING COMMISSION JUNE 22, 2005 PAGE 4 noted appraisal information of the properties proposed to be traded would also be provided for the Commission's next meeting. ITEM 11' PERSONS PRESENT NOT SCHEDULED -- None. ITEM 12: INFORMATION ITEMS 12-a. 12-b. Zoning Bulletin (5 / 25/05) Land Trade for Boating Facility Exit Road. ITEM 13' COMMISSION COMMENTS/h QUESTIONS Eldridge -- Reported he may be absent from the July 13 meeting. Amen -- No comments. Barrett-- No comments. Glick-- No comments. Hammelman -- No comments. Bryson-- No comments. Twait -- No comments. ITEM 14: ADJOURNMENT MOTION: Commissioner Barrett MOVED for adjournment and Commissioner Eldridge SECONDED the motion. There were no objections. SO ORDERED. The meeting adjourned at approximately 7'25 p.m. Minutes transcribed and prepared by: Carol L. Freas, City Clerk WORK SESSION: Immediately following the regular meeting, the Commissioners held a work session related to review, discuss, and prioritize implementation measures from the Comprehensive Plan. PLANNING & ZONING COMMISSION JUNE 22, 2005 PAGE 5 STAFF REPORT To' Planning & Zoning Commission Date: June 23, 2005 Res: PZ05-44 GENERAL INFORMATION Applicant' Dean & Deanna Roney 1 30 Nevada Street Kenai, AK 99611 776-3727 Requested Action: Legal Description: Street Address: KPB Parcel No.: Existing Zoning' Current Land Use: Land Use Plan: ANALYSIS Encroachment Permit- 6-Foot Side Yard Lot 3, Block 4, Thompson Park Subdivision 1 30 Nevada Street 0413047 RR - Rural Residential Vacant Rural Residential 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: · m 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. 0544 Comment.doc Page 2 Applicants purchased this property intending to construct a residence. In 2002, a building permit was issued for construction of a single-family residence. Since purchasing the lot and obtaining the building permit, it was discovered that the previous owner, without a building permit, built a large carport structure on the lot. This structure was built approximately 4.9 feet into the side yard setback. Applicants would like to obtain an encroachment permit for this structure before they continue building their residence. The applicants had a surveyor mark their property corners. The Building Official met with the applicants and pulled a string line to determine the size of the encroachment. The structure sits approximately 10.1 feet from the side lot line. City Engineer: Nothing additional. Building Official: Separation distances comply with building code requirements. RECOMMENDATIONS The application, as submitted, meets the requirements of KMC 14.20.185. Applicants did not build this structure and would like to eliminate any problems with the structure so they can continue building their residence. The Building Official has noted that once an encroachment permit is approved, he can issue a building permit for the carport. It is recommended that a 6-foot side-yard encroachment be granted to allow for slight deviation resulting from using the string line to determine the encroachment. ATTACHMENTS: 1. Resolution No. PZ0544 2. Application 3. Drawing KENAI. ALASKA CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ05-44 ENCROACHMENT PERMIT A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI GRANTING A REQUEST FOR AN ENCROACHMENT PERMIT TO: NAME: Dean & Deanna Rone¥ USE 6-Foot Side Yard Encroachment-Carport/Garage LOCATED Lot 3, Block 4 Thompson Park Subdivision (Street Address/Legal Description) KENAI PENINSULA BOROUGH PARCEL NO' 0413047 WHEREAS, the Commission finds: . , o That an application meeting the requirements of Section 14.20.185 (c) has been submitted and received on' June 22, 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: July 13, 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, JULY 13~ 2005. CHAIRPERSON' / ATTEST: 210 Fidalgo Avenue, Kenai, Alas 99611-7794 APPLICATION FOR ENCROACHMENT PERMIT NAME STREET ADDRESS MAILING ADDRESS LEGAL DESCRIPTION PARCEL NUMBER ZONING DISTRICT (Circle 1) PHONE C CC CC~i~-I 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 satisfy 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 UNDERSTAND THESE CONDITIONS. o o 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, rights-of-way or easements, setbacks, elevations, and any data pertinent to the application. A Public Notification and Hearing 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) Type of Encroacl'~ment Applicant is Requesting: ..-"' Fro :..,, Rear: ~ ( '. ~ Encroachment into setback of Side' Signature of Applicant: i ; I · . I I I I ! I ! I i i i · i 210 Fidalflo Avenue, Kenai, Alaska 99611-7794 Telephone: 907-283-7535 / FAX: 907-283-3014 KENAI. ALASKA M TO' FROM' MO: Planning and Zonlng Commission Marilyn Kebschull Planning Administrator DATE' June 22, 2005 SUBJECT: PZ05-42 - Amendment to Land Use Table During planning for this year's dip net fishery, Administration discovered that the beach areas used for this fishery are zoned conservation. Individuals had approached the City reqUesting permits to sell food items to the public on City lands. The Conservation zone does not allow commercial uses. After reviewing the code, Administration is recommending the Land Use Table be amended to allow seasonal/temporary food service as an allowed use in the Conservation Zone. A copy of the resolution and Land Use Table is attached. A public hearing has been scheduled for July 27th. Attachments KENAI, ALASKA CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ05-42 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA RECOMMENDING TO THE COUNCIL THAT THE LAND USE TABLE IN KMC 14.22.010 BE AMENDED TO ADD A FOOTNOTE TO THE CONSERVATION ZONE LAND USE TABLE TO ALLOW SEASONAL AND TEMPORARY FOOD SERVICE AS AN ALLOWED USE. WHEREAS, a portion of the land in the Conservation Zone is used for out-door recreation; and WHEREAS, currently food sales are not an alloWed use in the Conservation Zone; and WHEREAS, allowing food sale on a seasonal or temporary basis in the Conservation Zone would allow an important service to be provided to citizens utilizing the Conservation Zone for out-door recreation while not detracting from the purposes of the Conservation Zone. NOW, THEREFORE, THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA recommends that the Land Use Table in KMC 14.22.010 be amended as shown in Attachment A. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, this~ day of ,2005. CHAIRMAN ATTEST: 1.1,1 ul LIJ II II II II I,M II II II II Footnotes' (1) Allowed as a secondary use except on the ground floor of the part of the building fronting on collector streets and major highways. (2) One (1) single-family residence per parcel, which is part of the main building. (3) Allowed as a conditional use, subject to satisfying the following conditions: (a) The usable area per dwelling unit shall be the same as that required for dwelling units in the RS zone; (b) The site square footage in area must be approved by the Commission; (c) Yards around the site, off-street parking, and other development requirements shall be the same as for principal uses in the RR zone; (d) Water and sewer facilities shall meet the requirements of all applicable health regulations; (e) The proposed dwelling group will constitute a residential area of sustained desirability and stability;' will be in harmony with the character of the surrounding neighborhood, and will not adversely affect surrounding property values; (f) The buildings shall be used only for residential purposes and customary accessory uses, such as garages, storage spaces, and recreational and community activities; (g) There shall be provided, as part of the proposed development, adequate recreation areas to serve the needs of the anticipated population; (h) The development shall not produce a volume of traffic in excess of the capacity for which the access streets are designed; (i) The property adjacent to the proposed dwelling group will not be adversely affected. (4) See "Townhouses" section. (5) See "Mobile Homes" section. (6) Allowed as a conditional use, subject to "Mobile Homes" section and provided that any mobile home park meets the minimum Federal Housing Authority requirements. (7) See "Planned Unit Residential Development" section. (8) Allowed as a conditional use, provided that the proposed location and the characteristics of the site will not destroy the residential character of the neighborhood. (9) Allowed as a conditional use, provided that all applicable safety and fire regulations are met. (10) Provided that no part of any building is located nearer than thirty (30) feet to any adjoining street or property line. (11) Allowed as a conditional use, provided that no part of any building is located nearer than thirty (30) feet to any adjoining street or property line and provided further that the proposed location and characteristics of the use will not adversely affect the commercial development of the zone. (12) Allowed as a conditional use, provided that the following conditions are met: (a) The proposed location of the use and the size and characteristic of the site will maximize its benefit to the public; (b) Exits and entrances and off-street parking for the use are located to prevent traffic hazards on public streets. (13) Allowed as a conditional use, provided that setbacks, buffer strips, and other provisions are adequate to assure that the use will not be a nuisance to surrounding properties. The Commission shall specify the conditions necessary to fulfill this requirement. (14) Allowed as a conditional use, provided that no indication of said use is evident from the exterior of the mortuary. (15) Allowed, provided that the following conditions are met: (a) An uncleared buffer strip of at least thirty (30) feet shall be provided between said use and any adjoining property in a residential zone. (b) Exits and entrances and off-street parking for the use shall be located to prevent traffic hazards on the public streets. (16) See "Conditional Uses" section. (17) See "Conditional Use Permit for Surface Extraction of Natural Resources" section. (18) Conditional Use allowed only on privately held property. Not allowed on government lands. (19) Allowed as a conditional use provided that ingress and egress from the property is from the Kenai Spur Highway. (20) The airport related uses allowed under this entry are aircraft approach zones per KMC 14.20.070(a), except that for properties contained inside the airport perimeter fence or having access to aircraft movement areas, ramps, taxiways or parking aprons, FAA authorized uses are allowed. (Ord. 2053-2004) (21) Setbacks for use shall be the same as those listed in the "Development Requirements Table" for the RU/TSH zones. (22) Allowed as a conditional use in conjunction with a permitted use in the ED zone. For example, housing for teachers or students for a school in the zone. (23) Allowed as an accessory use in conjunction with a permitted use in the ED zone. For example, a dormitory used to house students for a school or educational facility. (24) Retail businesses allowed as a secondary use in conjunction with the primary use (e.g. a gift shop or coffee shop within another business). (25) Art studios, barbers, beauticians, dressmakers, dry cleaners and self-service laundries, fitness centers, photographic studios, tailors, tanning salons and massage therapists. (26) Food serVices are allowed on a temporary or seasonal basis of not more than six (6) months per year. 210 Fidalgo Avenue, Kenai, Alaska 99611_7794 Telephone: 907-283-7535 / FAX: 907-283-3014 . KENAI, ALASKA M MO: TO: Planning and Zoning Commission FROM: Marilyn Kebschull, Planning Administrator..~,~ DATE' June 22, 2005 SUBJECT: PZ05-43- Amendment to Land Use Table This proposed amendment to the Land Use Table will allow retail businesses as a secondary use in the Education Zone. Administration believes the proposed amendment allowing such uses will eliminate current non-conforming uses and allow traditional sales such as gift shops and snack bars in educational facilities. A copy of the resolution and Land Use Table is attached. A public hearing has been scheduled for July 27th. Attachments KENAI, AI.ASKA CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ05-43 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, RECOMMENDING TO THE COUNCIL AN AMENDMENT TO THE KENAI ZONING CODE LAND USE TABLE IN KMC 14.22.010 TO ALLOW RETAIL BUSINESSES SUCH AS GIFT SHOPS AND COFFEE SHOPS IN THE EDUCATION ZONE AS A SECONDARY USE. WHEREAS, land uses allowed in the Education Zone such a schools, museums, parks and recreation, and governmental buildings often have retail operations in them such as gift shops and food services; and WHEREAS, such secondary uses are traditionally associated with such buildings and would not detract from the purposes of the Education Zone; and WHEREAS, it is in the best interest of the City of Kenai to amend the land use table in KMC 14.22.010 to allow retail business in the Education Zone as a secondary use subject to the limitations in Footnote 24 which allows such businesses as coffee shops and gift shops within other allowed uses. NOW, THEREFORE, THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA recommends that the Land Use Table in KMC 14.22.010 be amended as shown in Attachment A. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, this~ day of ., 2005. CHAIRMAN ATTEST: I. IJ LU Z uJ LU Z I1 II II II u.I !11 ,~ n (~ (/3 z Footnotes: (1) Allowed as a secondary use except on the ground floor of the part of the building fronting on collector streets.and major highways. (2) One (1) single-family residence per parcel, which is part of the main building. (3) Allowed as a conditional use, subject to satisfying the following conditions' (a) The usable area per dwelling unit shall be the same as that required for dwelling units in the RS zone; (b) The site square footage in area must be approved by the Commission; (c) Yards around the site, off-street parking, and other development requirements shall be the same as for principal uses in the RR zone; (d) Water and sewer facilities shall ~meet the requirements of all applicable health regulations; (e) The proposed dwelling group will constitute a residential area of sustained desirability and stability; will be in harmony with the character of the surrounding neighborhood, and will not adversely affect surrounding property values; (f) The buildings shall be used only for residential purposes and customary accessory uses, such as garages, storage spaces, and recreational and community activities; (g) There shall be provided, as part of the proposed development, adequate recreation areas to serve the needs of the anticipated population; (h) The development shall not produce a volume of traffic in excess of the capacity for which the access streets are designed; (i) The property adjacent to the proposed dwelling group will not be adversely affected. (4) See "Townhouses" section. (5) See "Mobile Homes" section. (6) Allowed as a conditional use, subject to "Mobile Homes" section and provided that any mobile home park meets the minimum Federal Housing Authority requirements. (7) See "Planned Unit Residential Development" section. (8) Allowed as a conditional use, provided that the proposed location and the characteristics of the site will not destroy the residential character of the neighborhood. (9) Allowed as a conditional use, provided that all applicable safety and fire regulations are met. (10) Provided that no part of any building is located nearer than thirty (30) feet to any adjoining street or property line. (11) Allowed as a conditional use, provided that no part of any building is located nearer than thirty (30) feet to any adjoining street or property line and provided further that the proposed location'and characteristics of the use will not adversely affect the commercial development of the zone. (12) Allowed as a conditional use, provided that the following conditions are met: (a) The proposed location of the use and the size and characteristic of the site will maximize its benefit to the public; (b) Exits and entrances and off-street parking for the use are located to prevent traffic hazards on public streets. (13) Allowed as a conditional use, provided that setbacks, buffer strips, and other provisions are adequate to assure that the use will not be a nuisance to surrounding properties. The Commission shall specify the conditions necessary to fulfill this requirement. (14) Allowed as a conditional use, provided that no indication of said use is evident from the exterior of the mortuary. (15) Allowed, provided that the following conditions are met: (a) An uncleared buffer strip of at least thirty (30) feet shall be provided between said use and any adjoining property in a residential zone. (b) Exits and entrances and off-street parking for the use shall be located to prevent traffic hazards on the public streets. (16) See "Conditional Uses" section. (17) See "Conditional Use Permit for Surface Extraction of Natural Resources" section. (18) Conditional Use allowed only on privately held property. Not allowed on government lands. (19) Allowed as a conditional use provided that ingress and egress from the property is from the Kenai Spur Highway. (20) The airport related uses allowed under this entry are aircraft approach zones per KMC 14.20.070(a), except that for properties contained inside the airport perimeter fence or having access to aircraft movement areas, ramps, taxiways or parking aprons, FAA authorized uses are allowed. (Ord. 2053-2004) (21) Setbacks for use shall be the same as those listed in the "Development Requirements Table" for the RU/TSH zones. (22) Allowed as a conditional use in conjunction with a permitted use in the ED zone. For example, housing for teachers or students for a school in the zone. (23) Allowed as an accessory use in conjunction with a permitted use in the ED zone. For example, a dormitory used to house students for a school or educational facility. (24) Retail businesses allowed as a secondary use in conjunction with the primary use (e.g. a gift shop or coffee shop within another business). (25) Art studios, barbers, beauticians, dressmakers, dry cleaners and self-service laundries, fitness centers, photographic studios, tailors, tanning salons and massage therapists. (26) Food services are allowed on a temporary or seasonal basis of not more than six (6) months per year. 210 Fidalflo Avenue, Kenai, Alaska 99611-7794 ~ M MO: TO' FROM' Planning & Zoning Commission 'st ato Marilyn Kebschull, Planning Admin~ r r DATE' June 30, 2005 SUBJECT' Land Trade for Boating Facility Exit Road Attached is the same information you received in your last packet regarding the proposed land trade/purchase by the Conservation Fund. Also attached is information about the organization. And, I have provided Kenai Peninsula Borough's assessing information on each of the parcels and a table showing how the appraised value compares with the assessed values. Mr. Kornelis will be available at your meeting to answer questions and will provide the Commission with comments from the Harbor Commission. Attachments Conservation Land Trade Map # KPB Parcel # Acres KPB Assessed Value Appraised Value 1 4911008 45.67 $90,100.00 $46,000.00 2 4911011 621.89 391,600.00 475,000.00 3' 4911010 11.63 46,200.00 90,000.00 4 4911012 14.63 50,800.00 8,000.00 5 4911013 61.37 100,500.00 27,500.00 6 4911014 2.04 22,000.00 1,000.00 7* 4911015 93.13 127,100.00 90,000.00 Total $828,300.00 $737,500.00 * Conservation Fund not interested in parcel because it is uplands. · Parcel being considered for trade for land adjacent to Kenai Dock property. Conservation Land Trade Map # KPB Parcel # Acres KPB Assessed Value Appraised Value 1 4911008 45.67 $90,100.00 $46,000.00 2 4911011 621.89 391,600.00 475,000.00 4 4911012 14.63 50,800.00 8,000.00 5 4911013 61.37 100,500.00 27,500.00 6 4911014 2.04 22,000.00 1,000.00 Total $655,000.00 $557,500.00 Property Assessment Report City of Kenai Generated: 06/30/2005 Tax id' 4911008 Lot Size'45.67 acres Assessed Value' $90,100 N 1 '14056 Owner(s) KENAI CITY OF Property Address NONE NONE Kenai, AK 99611 Year Built Structures Area Bedrooms/Bathrooms 0 0.010.0 Mailing Address 210 FIDALGO AVE STE 200 KENAI, AK 99611-7750 Legal Description KN T0SN RllW S15 GOVT LOT 8 IN SEC 10 & GOVT LOT 4 IN SEC 15 City Zoning RURAL RESIDENTIAL Tax Assessment .Assessed Structural Value $0.00 Assessed Land Value $90,100.00 Assessed Special Value $0.00 Total Assessed Value $90,100 Exempt Value $90~100.00 property Assessment Report City of Kenai Generated' Tax id' 4911011 Lot Size' 621.80 acres Assessed Value' 06/30/2005 $391,600 N 1'14056 Owner(s) KENAI CITY OF Property Address 3380 BEAVER LOOP RD Kenai, AK 99611 Year Built Structures Area Bedrooms/Bathrooms 0 0.0/0.0 Mailing Address 210 FIDALGO AVE STE 200 KENAI, AK 99611-7750 Legal Description KN-'I'0SN RllW S15 GOVT LOT 11 IN SEC 10 & Wll2 NEll4 & NWll4 SEll4 & Ell2 SWI/4 & GOVT LOTS 6 7 & 8 IN SEC 11 & NWl/4 NWll4 & Ell2 NWll4 & GOVT LOTS 4 5 6 9 10 & '12 & NEll4 SWll4 IN SEC 14 & GOVT LOTS 1 & 7 IN SEC 15 City Zoning RURAL RESIDENTIAL Tax Assessment Assessed Structural Value $0.00 Assessed Land Value ,Assessed Special Value Total Assessed Value Exempt Value $391,600.00 $o.oo $391,600 $391~600.00 Property Assessment Report City of Kenai Generated' Tax id' 4011010 Lot Size: 11.$$ acm~ Assessed Value: 06/30/2005 $46,200 N 1 '14O56 iiiiii Owner(s) KENAI CITY OF Property Address NONE NONE Kenai, AK 99611 Year Built Structures Area Bedrooms/Bathrooms 0 0.0/0.0 Mailing Address 210 FIDAL60 AVE STE 200 KENAI, AK 99611-7750 Legal Description KN T05N Rl lW $15 GOVT LOT 6 SPLIT City Zoning Tax Assessment Assessed Structural Value $0.00 Assessed Land Value Assessed Special Value Total Assessed Value Exempt Value $46,200.00 $0.00 $46,200 $46~200.00 Property Assessment Report City of Kenai Generated' Tax id' 4911012 Lot Size:14.$3 acro~ Assessed Value' 06/30/2005 $50,800 N 1 '14056 Owner(s) KENAI CITY OF Property Address NONE NONE Kenai, AK 99611 Year Built Structures Area Bedrooms/Bathrooms 0 0.010.0 Mailing Address 210 FIDALGO AVE STE 200 KENAI, AK 99611-7750 Legal Description KN T0SN RllW S14 GOVT LOT 3 City Zoning RURAL RESIDENTIAL Tax Assessment Assessed Structural Value Assessed Land Value Assessed Special Value Total Assessed Value ,Exempt Value $0.00 $so,8oo.oo $0.00 $$o,8oo $50~800.00 Property Assessment Report City of Kenai Generated' Tax id' 49~ 101 $ Lot Size' 61.37 acres Assessed Value' 06/30/2005 $100,500 N 1 '14056 Owner(s) KENAI CITY OF Property Address NONE NONE Kenai, AK 99611 Year Built Structures Area Bedrooms/Bathrooms 0 0.0/0.0 Mailing Address _ 210 FIDALGO AVE STE 200 KENAI, AK 99611-7750 Legal Description KN-'I'05N RllW S14 GOVT LOT 9 IN SEC 11 & GOVT LOT 12 IN SEC 12 & GOVT LOT 4 IN SEC 13 & GOVT LOT 1 IN SEC 14 City Zoning RURAL RESIDENTIAL Tax Assessment Assessed Structural Value $0.00 Assessed Land Value Assessed Special Value Total Assessed Value Exempt Value $100,500.00 $o.0o $ oo,$oo $100~500.00 Property Assessment Report City of Kenai Generated' Tax id' 4911014 Lot Size:2.04 acres Assessed Value: 06/30/2005 $22,000 N 1 '14056 GOV'T. LOT 11 Owner(s) KENAI CITY OF Property Address NONE NONE Kenai, AK 99611 Year Built Structures Area Bedrooms/Bathrooms 0 0.010.0 Mailing Address 210 FIDALGO AVE STE 200 KENAI, AK 99611-7750 Legal Description KN T0SN RI1W S12 GOVT LOT 11 City Zoning RURAL RESIDENTIAL Tax Assessment Assessed Structural Value $0.00 Assessed Land Value Assessed Special Value Total Assessed Value Exempt Value $22,000.00 $0.00 $22,000 $22~000.00 Property Assessment Report City of Kenai Generated' Tax id' 49~ 1015 Lot Size: 93.13 acres Assessed Value: 06/30/2005 $127,100 1:14056 r Owner(s) KENAI CITY OF Property Address NONE NONE Kenai, AK 99611 Year Built Structures Area Bedrooms/Bathrooms 0 0.010.0 Mailing Address 210 FIDALGO AVE STE 200 KENAI, AK 99611-7750 Legal_ Description KN T05N Rl lW $12 GOVT LOT 6 IN ,SEC 1 & GOVT LOT 6 IN SEC 2 & GOVT LOT 1 IN SEC 11 & GOVT LOTS 5 & 6 IN SEC 12 City Zoning RURAL RESIDENTIAL Tax Assessment Assessed Structural Value $0.00 Assessed Land Value Assessed Special Value Total Assessed Value Exempt Value $127,100.00 $0.0o $127,100 $127~100.00 ~'~OUNTAIN WEST :r-'~ 'f'"':' ,' - ' .rocu.,s'on:. ~;:~r:t~'~,,.,~' 'An easement On the Smith Mesa Ranch adjacent 'to Zion National Park benefited this' Working ranch and the park. © Lo~ Rose/VRLPA WEST AND 5OUTHWEST Focus on: IVildlife Habitat Twelve miles of Cape Bingham's pristine coastline in Alaska will stay that way forever thanks to a partnership of the U.S. Forest Service, corporate and foundation philanthropy, and The Conservation Fund. . he lore and legend of the Ame~ican V/est draw ~,tsit, ors ,~'om, near and far. Deep desec~ can,.~ons, ~ch marine ecos)~stems; u~,broken fores~ expanses-the re~,on's ecolo~,cal ~a~Set~ is as wide ra, n~4ng as its histo~ a~,d culture..tn 2oo ~ ~e Consen,ation .Ftend protected re, ore than 724,000 acres qf wild lands and recreation areas, i~,cltedin,g' an open space oasis in, t, rba, n A~5zona, the untamed Lost Coast Ranch in northern, Ca, li,fomia, and a sech, ded fishi~,g area, o~ Alaska's Kenai Peninstda. ALASKA Kenai Riper At the confluence of the Kenai and Killey rivers lies a popular fishing spot called Wally's Hole. Here a cautious autumn angler Can view an ancient annual ritual: huge brown bears snatching salmon as thousands of the fish struggle to.reach their upstream spawning grounds. Support from the Richard and Rhoda Goldman Fund enabled The Conservation Fund to purchase a quarter-mile stretch of brown bear habitat along the Kenai adjacent to Wally's Hole. The property was turned over to the State of Alaska fOr long-term stewardship. Brown bears are a common site in wild Alaska. Courtesy of© Thomas D. 'Mangelsen ' ARIZONA Cerbat Foothills 'Recreation Area Made up of federal, state, county, and local lands, Cerbat Foothills' is an oasis of open space in the midst of urban development. The area provides needed respite from city life for thousands of people in northwestern Arizona. The Fund acquired 1,167 acres of private land to add to cerbat Foothills and' transferred the property to the Bureau of Land Management. Created by the Fund in 1998, the Conservation Leadership Network is a strategic alliance of corporate, nonprofit, and government organizations dedicated to conservation leadership and training. To date, more than 2,000 practitioners have attended courses at sites across the country and at the National Conservation Training Center in West Virginia. To meet increasing demands on the Network, the Fund is moving some of its core training programs to distance learning technologies. Known as Gonser~ationD£reet, this new technology-based education platform uses satellite television and the Internet to offer high-quality training anytime, anywhere. The Peter Jay Sharp Foundation, Bingham Trust, and Ford Motor Company Fund provide primary funding. Natural Resource Leadership Summit In a historic first, The Conservation Fund, with support from the Richard King Mellon Foundation, brought together the directors of natural resource agencies from 45 states to discuss opportunities for the states to play larger roles in shaping the nation's conservation agenda. The state leaders are now discussing how best to organize as an association to allow better collaboration with each other and with federal agencies. Secretary of Interior Gale Norton (third from left) and state conservation leaders at the Natural Resource Leadership Summit. © Troy' Bunch, National Conservation Training Center Land Conservation Leadership Program Since 1998 the Land Trust Alliance and the Fund have joined forces to offer practical training courses for local land trusts, one of conservation's fastest growing constituencies. More than 500 land conservation leaders throughout the nation have participated in courses designed to strengthen organization's capacity to protect open space. The Peter Jay Sharp Foundation provided critical scholarships for the courses. Green Infrastructure In 2001 The Conservation Fund and its partners--the U.S. Forest Service and Maryland Department of Natural Resources--developed a wholly new program, "Green Infrastructure: A Strategic Approach to Land Conservation." The initiative's goal is to help communities and regions better balance new development with critical open space needs. Conservation GIS In concert with the U.S. Fish and Wildlife Service, University of Florida, and Canaan Valley Institute, the Fund provides instruction in Geographic Information Systems (GIS) for land trusts, natural resource agencies, and other organiZations. GIS, a valuable tool in conservation planning, greatly assists community-based, statewide, and regional conservation planning efforts. Collaborating with the National Park Service, U.S. Fish and Wildlife Service, and Sonoran Institute, the Fund's Gateway Communities Program offers training and technical assistance to communities serving as gateways to public lands. In 2001 the Fund, in partnership with Niagara Mohawk Power Corporation and American Express, expanded a major application of the Gateway Communities Program in the Adirondacks working with the more than 100 towns and villages in the region. In addition, the Fund and its partners piloted an interactive television workshop (via satellite) titled "Gateway Communities: Keys to Success." More than 300 people participated at 58 sites in 30 states. Jessica H. Catto President Crockett Street Management, LLC Texas and Colorado Gilbert M. Grosvenor Chairman of the Board NatiOnal Geographic Society Virginia Ann McLaughlin Korologos Former U.S. Secretary of Labor District of Columbia Nelson A. Rockefeller, Jr. Conservationist New York Patrick R Noonan Lawrence A. Seizer Norman L. Christensen, Jr. KiKu H. Hanes Chairman President & CEO Nicholas School of the Environment Director, Montana Office The Conservation Fund The Conservation Fund Duke University The Conservation Fund Maryland Virginia North Carolina Montana John W. Patten J. Rutherford Seydel II Sylvia A. Earle Hadlai A. Hull President Emeritus Partner Chairman Treasurer Business Week Magazine Lawson, Davis, Pickren & Seydel Deep Ocean Exploration and Research The Conservation Fund Vermont Georgia California District of Columbia George A. Ranney, Jr. Hubert W. Vogelmann Richard L. Erdmann Charles R. Jordan President & CEO Chairman Emeritus Executive Vice President Vice Chairman Chicago Metropolis 2020 Botany Department & General Counsel The Conservation Fund Illinois University of Vermont The Conservation Fund Director Vermont Virginia Portland Parks & Recreation Oregon Volunteer members of the Corporate Council advise The Conservation Fund on opportunities forpri~ate-sectorpartnerships and on directions in sustainable development. Current and past affiliations are shown forpurposes of identification. Riley R Bechtel Bechtel Group, Inc. John F. Bookout, Jr. Shell Oil Company Crandall C. Bowles Springs Industries, Inc. Richard E. Cavanagh The Conference Board Paul W. Chellgren Ashland Inc. Ernest H. Cockrell Cockrell Oil Corporation Peter H. Coors Coors Brewing Company John T. Dillon International Paper Company General RX. Kelley USMC (Ret.) Park Place Holdings Ann McLaughlin Korologos Microsoft Corporation Alan J. Noia Allegheny Energy, Inc. John W. Patten Business Week Magazine Irl F. Engelhardt Dan W. Lufkin Edmund T. Pratt Peabody Group Questor Management Company Pfizer Inc. J. Brett Harvey John A. Luke, Jr. David M. Roderick CONSOL Inc. MeadWestvaco Corporation USX Corporation James A. Mack Cambrex Corporation W. Henson Moore American Forest and Paper Association Charles O. Holliday, Jr. E.I. du Pont de Nemours & Company John W. Johnstone, Jr. Olin Corporation William D. Ruckelshaus Madrona Investment Group, LLC Frederick L. Webber American Chemistry Council Front cot~er-clocl;wise from upper left: Coastal California © David Muench, Prairie Crossing © Edward McMahon, Grand Tetons © Howie Gather, Alaskan Brown Bear courtesy of© Thomas D. Mangelsen, Arabia Mountain courtesy of© Craig M. Tanner. Opposite page: Rainbow over Coyote Buttes, Arizona © Howie Gather 210 Fidalflo Avenue, Kenai, Alaska 99611-7794 ~ KENAI, ALASKA M MO: ,,~RO:oM: PMI ~rl ,~' i gK~ bZs~~ n ,gl, Cp ,°amn~i~ii~~d m i n i st r at DATE: June 16, 2005 SUBJECT: Land Trade for Boating Facility Exit Road The City Council reviewed the attached information at their meeting on June 15, 2005. They have asked for input from the Harbor Commission and the Planning and Zoning Commission before they make a decision. The Harbor Commission will review the information at their meeting on July 1 Ith, This item will be placed on your agenda for the July 13th meeting. At that meeting, information from the Harbor Commission will be provided. Even though this item does not require a public hearing, Council has asked that notices be sent to individuals owning property within 300 feet of any of these parcels. Notices will be mailed to notify property owners that the Commission will be making a recommendation at the July 1 3th meeting. Attachment KENAI. ALASKA 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone' 907-283'7535 / FAX: 907-283-3014 MEMORANDUM To: From: Date: RE' Mayor Porter & City Council Mem!;u¢,rs · Linda L. Snow, City Manager L~~ June 9, 2005 Land Trade for Boating Facility Exit Road This project began in 2001, when $350,000 was appropriated by the Legislature to the Department of Natural Resources (DNR) for property acquisition along the Kenai River to build a boat launch facility. The City Council adopted Resolution No. 2001-85 (Attachment A) supporting the DNR purchase of certain lands for the project. In short, DNR never purchased any property for the project, and in May 2003, the City of Kenai requested and was granted reappropriation of the $350K for the project as described in Attachments B, C, and D. A grant agreement was fully executed for this project in October 2003, and the administration has pursued the project with the Harbor Commission and the City Council. On June 9, 2004, a memo from Keith Komelis (Attachment E) was included in city council packets for the June 16, 2004 meeting. At the meeting, the Council directed the administration to proceed with the next steps towards a'possible land trade, which are described in Attachment E and include a DNR appraisal of the ten acres of Conservation Fund land we need to own for the boat launch exit road and parking area. On October 27th, '2004, a memo from Keith Komelis (Attachment F) was included in the city council packets for the first November meeting. The Council agreed to obtain an appraisal of city owned wetlands area, the value of which is close to the value of the land we need to own for the boat launch exit road and parking area. Please see Attachment #1, a memo dated June 9, 2005 fi'om Keith Komelis. At present, the Conservation Fund is willing to trade its 6.42 acre land parcel in the boat launch area (appraised at $80,000) for the city's 93.13 acre parcel//7 appraised at $90,000 and located on the colored aerial photograph in Attachment #1). The Conservation Fund is also willing to pay the City $10,000 in cash to equalize the value of the potential land trade. KMC 22.05.070 states, "The Council may approve, by resolution, after pubic notice and an opportunity for public hearing, the conveyance and exchange of a parcel of City property for property owned by another person subject to such conditions as Council may impose on the exchange, whenever in the judgment of the City Council it is advantageous to the City to make the property exchange." The administration is asking Council to review the information and determine whether it wishes to proceed with the land trade as described in order to obtain the property required for the boat launch exit road and additional parking. We ask Council to consider the importance of developing this road for the benefit of the community and facility users, as well as recognizing the project as a critical component of improving local management control of the dip net fishery. At times, the line of vehicles with boats or trailers extends all the way down the Boat Launch Road, and there has been traffic backed up onto the Bridge Access Road. As some of you know, once a vehicle is in that line-up, there is no way out of it for hours. Emergency vehicles cannot gain access to the facility, since the existing road is not wide enough. A one-way exit from the facility would allow users to make a loop to the line to retrieve their boats or to exit directly. The 6.42 acres will be enough for the exit road and badly needed additional parking. The full $350K from the State will add two new. ramps. If the Council wishes to make the exit road project a reality, it will not only need to approve an acceptable land trade but also to make funds available for construction of the road. The administration also recommends Council review the purchase proposal from the Conservation Fund described in the Komelis memo of June 9, 2005. The Fund would like to purchase parcels identified on the aerial maps as #'s 1,2,4,5, and 6 for their appraised valr~es, which in total equal $557,000. The Conservation Fund has advised in its letter dated June 2005, that unless an agreement can be reached on this offer by August 2005, the offer will be withdrawn. The Council may wish to review this matter and refer it to the Harbor Commission for a recommendation at its meeting of July 1 lth. The matter could be placed on the Council agenda, with a Commission recommendation, for the council meeting of July 20th. This would allow the administration time to reach an agreement with the Conservation Fund, if that were Council's decision, or to advise the Conservation Fund as to the Council's rejection of the offer, if that were the decision. Page 2 of 2 CITY OF KENAI RESOLUTION NO. 2001-85 Suggested by: Council A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, SUPPORTING THE STATE DEPARTMENT OF NATURAL RESOURCES PURCHASE OF PROPERTY IDENTIFIED AS LOTS 3-6, WILD ROSE SUBDIVISION, KENAI, ALASKA FOR DEVELOPMENT OF A BOAT LAUNCH ACCESS FACILITY FOR THE LOWER KENAI RIVER. WHEREAS, the Kenai City Council has for many years desired to develop a boat launch in the lower Kenai River; and, WHEREAS, due to increased interest, the Alaska Legislature appropriated $350,000 to the Department of Natural Resources in the 2001-2002 Capital Budget for the purchase of property to be used for the development of a boat launch access facility for the lower Kenai River; and, WHEREAS, because the identified property adjoins Cunningham Park, the issue of constructing a boat launch facility was discussed with the City of Kenai Parks & Recreation and Harbor Commissions where both concerns and support were expressed in regard to developing a facility that will not impact the current users of Cunningham Park; and, WHEREAS, representations by the Department of Natural Resources, Division of Parks and Outdoor Recreation assure involvement of the City of Kenai and public input in the design of the boat launch facility. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that it supports the State Department of Natural Resources purchase of property identified as Lots 3-6, Wild Rose Subdivision, Kenai, Alaska for the development of a boat launch access facility for the lower Kenai River. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this ~venth day of November, 2001. ATTEST: Carol L. Freas, City Clerk clf May 7, 2003 CITY OF KENAI 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-283-3014 ~ Senator Tom Wagoner State .of Alaska State Capitol, Room 427 Juneau, AK 99801 RE' KENAI RIPER PROPERTY A C(~ UI$ITION FOR LA UNCH FACILITY Dear Tom, Thank you for your letter of May 3, 2003 and your interest in the $350,000 appropriation for property aCquisition along the Kenai River. In November, 2001, the City Council passed its Resolution No. 2001-85 supporting the State Department of Natural Resources' purchase of property in the Wild Rose Subdivision for development of a boat launch access facility for the lower Kenai River. The identified property adjoins Cunningham park and while the prospects of developing a boat launch on the property and the $350,000 appropriation was very acceptable to the City of Kenai, the actual purchase of the property never went forward due to different concerns in the community, i.e. environmental, commercial drift boat users, neighboring property owners, etc. As you are aware, the State of Alaska directed a dip net fishery be available in the Kenai River/City of Kenai and if re-appropriation of the $350,000 is being considered, we would request those funds be awarded to make the following improvements to the Kenai City Dock: · Add two new launch ramps. · Add a new road as an exit to the boating facility o__~r widen and upgrade the existing road. Facts to support'our requests are' · The dip net fishery is a State fishery. · Over 15,000 dip net permits for households are issued each year and over 100,000 fish are caught in the Kenai River fishery. 5 Senator Tom Wagoner May 7, 2003 Page 2 · Personal dip net fishermen come from all over the state to use the City of Kenai Boat Launch Road, parking lot, and launch ramps. * The biggest bottleneck restricting the number of dip net users at the Dock is having only two launch ramps. · Adding two ramps would allow more users and faster access to the River (there can be a two-hour wait to get a boat into the water and another two-hour wait to retrieve it). At times, the line of vehicles w/th boats or trailers extends down Boat Launch Road almost to Bridge Access Road presenting many problems of access. · A one-way exit from the facility would allow users with or without boats to exit directly or allow vehicles with a trailer to make a loop to the line to retrieve their boats. Again, these improvements are very badly needed as they are a direct result of the heavy use of the dip net fishery. Since the dip net fishery is governed or regulated in this area by the State of Alaska, the re-appropriation of the $350,000 for these improvements would relieve some of the costs to the City caused by the impact of the State's fishery. We are enclosing another copy of our Resolution No. 2003-10 which lists our Capital Improvement Lists and has additional information in regard to the two projects noted above. Thank you again for contacting us in regard to the $350,000 re-appropriation. help in acquiring these funds for the above-referenced projects will be greatly appreciated! Your CITY OF KENAI JJW/clf Enclosure Cc: Representative Chenault Representative Wolf CITY OF KENAI "Oil Capital of Alaska" 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE: 907-283-7535 FAX: 907-283-3014 I FAX: (907) 465 -3835 To' Attention'. From' Subject' Phone' bate' Pages: i i Representative Kelly Wolf David Pree City of Kenai- Linda L. Snow, City Manager Boat Launch Ramp Project (907) 283-8222 May 15, 2003 3 Fox' (907) 283-3014 David' Attached please find the capital project information you requested for the Kenai Boat Launch Ramps. The legal description of the proposed location follows' Property Address 1591 Boat Launch Road Kenai, AK 99611 Legal Description KN0790009 T5N R1 lW S9 City of Kenai Boat Ramp & ROW Dedication We appreciate your assiStance with this important project. Linda Project 3' CITY OF KENAI REQUEST FOR: STATE GRANT 2003-2004 CAPITAL IMPROVEMENT PROJECT NAME' STATE OF ALASKA DIP NET FISHERY PROJECTS TOTAL PROJECT COST: $1,000,000 STATE ASSISTANCE REQUESTED: 100% PROJECT DESCRIPTION' (See Drawing) a. New Launch Ramps - Top Priority $350,00O This part of the project is to add two new launch ramps with a floating dock between the ramps. It would be similar to the existing launch ramps. b. DockArea Paving $400,000 This part of the project is to rebuild the Boat Launch Road and a portion of the Boating Facility parking lot, which is presently gravel. The project includes asphalt paving, parking striping, and signage. c. New or Upgrade of Dock Access Road $250,000 This part of the project is to add a new road as an exit access to the boating facility or to widen and upgrade the existing road. PROJECT JUSTIFICATION: Personal dip net fishermen from ali over the state use the Boat Launch Road, Parking Lot, and Launch Ramps. Over 15,000 dip net permits for households are issued each year, and over 100,000 fish are caught in this Kenai River fishery. The City Boat Facility handles most of this 'fishery. This project will improve the Boating Facility operation and make it a lot cleaner. The biggest bottleneck that restricts the number of dip net users is having only two launch ramps. This project would provide users an additional two ramps allowing more users and faster access to the river. Under the present conditions, sometimes there is a two-hour wait to get a boat into the water plus another two-hour wait to get the boat out of the water. This project will greatly enhance the health and quality of life of its users. At the present time, users of the Boating Facility use staging areas that are gravel surfaced Dip Net Fisher3,,' Projects Page 2 and often dirty and unsanitary. Dust in the area is a problem since dust retardants cannot be used due to the closeness to the water. Users spend time in staging areas getting their boats ready to load and unload onto their trailers and in parking. This project would definitely enhance recreational opportunities for dip net fishermen. Informational signs would also enhance the understanding of the area. At times, the line of vehicles with boats or trailers extends down Boat Launch Road almost to Bridge Access Road. This presents many problems of access on this narrow road. Users often have to exit the facility and drive down Bridge Access Road to find a place to turn around and then back to Boat Launch Road to get in line to retrieve their boats. A new one-way exit from the facility would allow users with their boats to exit directly or allow vehicles with a trailer to make a loop to the line on Boat Launch Road to retrieve their boats. Another alternative would be to widen the existing road and reroute a return. The three pads of this project are very badly needed, and they are a direct result of the heavy use of dip net fishermen. Since the dip net fishery is governed or regulated in this area by the State of Alaska, the City of Kenai is requesting funds to help relieve some of the costs caused by the impact of this fishery. That is also why this project is entitled "State of Alaska Dip Net Fishery Projects." OFFERED IN THE HOUSE TO' Reappropriation Bill A MEND ME N 2' 23'L~8002L~. 105 Utermohle 5/15/03 B Y 1ZEP~SENTATiVE WOLF 10 11 12 13 14 * Sec. A. Section 19(c), ch. 61, SLA 2001, is amended to read: (c) The sum of $350,000 is appropriated from the income accrued during the fiscal year ending J'une 30, 2001, on the Exxon Valdez oil spill restoration fund described in (a) of this section to the Department of - Develo ment for a ment as a Commun~t and Economic rant under AS 37.05, 315 to the C~t [NATURAL RESOURCES FO" Tr-m.- " ' ' of Kenai. ,_ ~ l'l-lE PURCHASE AT FAIR MARKET VALUE OF TRACT 1 OF HORSESHOE END AT RIVER BEND SUBDIVISION, ACCORDING TO PLAT OF SURVEY KENAI'$ 1709, I~CORDED jI, JNE 23, 1970, AT 'I~E KENAI RECORDING OFFICE, THLRD JUDICIAL D/STRICT, STATE OF ALASKA, CONTAINING APPROXIMATELY 10.4 ACRES OF LAND IN KENAI, ALASKA, AND ALL ASSOCIATED COSTS,] for the. PUrpose of restoring the riverbanks of the Kenai River and providing recreati'onal access to th n vet through construction or' a boat launch and pull-out on tl~e property lo.__cated 1~59.._~1 Boat Launch Road in Kenai. · MEMORANDUM CITY OF KENAI "oa 4 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-28.3-7535 FAX 907-263-3014 TO: FROM' DATE' Linda L. Snow, CitY Manager Keith Kornelis, Public Works Manager June 9, 2004 SUBJECT: Kenai Boating Facility Exit Road .... ,, I have been working with The Conservation Fund on a possible land trade. They own the land that would be useful as an exit from our Boating Facility. The total area that The Conservation Fund owns is 31~ acres. About one third or ten acres of the northern portion of this property is uplands that they would be willing to trade to the City. The total 31~ acres was appraised at $200,000 in 2000. I discussed proceeding as follows (if the City Council approveS)· :------~. The Conservation Fund will have their appraiser place a value on the ten acres of upland area that the City is interested in. They will pay for this appraisal. 2. The City will look at the appraised value for the ten acres of Conservation Fund land we want to own. We will use this value to help determine what wetlands we may want to trade. In 1999, the City had an appraisal done of many City-owned wetland parcels, (attached) which will help us. The Conservation Fund requires an equal value for the land trades. 3. The City will have a new appraisal done of our wetlands area we think is close in value to the land we want to own. The City will pay for the appraisal of our wetland area. 4. The Conservation Fund and the City of Kenai will then make the land trade. They do not want to give us area that is wetlands. 5. The Harbor Commission recommended the City proceed with this land exchange. ,~.. . Should I proceed as outlined above? ' P~rcel 4 ..,.. .._ _ I I I ! I I I ! ::-::u'-...::. F-rcet 1 acres). $32,000 ,, .,,.~t, '; " , Parcel 2 (345+ acres): $210 000 ?_. ' Parcel 3 (12_+ acres). $55,000 : Parcel 4 (622+ acres): $376 000 Parcel 5 (15_+ acres): '$7,500 Parcel 6 (61_+ acres)' $21,500 ' Parcel 7- No longer visible -0-: Parcel 8 (93,_+ acr, es): $75,000 ' , ! I..~'' , ,' r*-- , , : ~ - -,- - -,,:...,.. ~ . ~ ,..! , ,, , ,oo .., ;...,.. v.~,.,;~L. :.~,_.: ~ '" ' i F. o:--~t---,--- -N--4- ........ r.__.~___ :-~--- .... - _ .~.'.,.'.N.N,h~.;-.~. -.. '.. I , ,,;'',, J ., , ; :,~, , , , , .-~- '~., .o I , :-'~' i ii fi DERR':" & ASSOCIATES MEMORANDUM TO: FROM: DATE: CITY OF KENAI e. ccaz 'N..~ 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-283-3014 Linda L. Snow, Citg Manager Keith Kornelis, ~ublic Works Manager ~ October 27, 2004 SUBJECT' Kenai Boating Facility Exit Road I have been working with The Conservation Fund on a possible land trade. They own the land that would be useful as an exit from our Boating Facility. The total area that The Conservation Fund owns is 31¼ acres. They do not want to give the City any wetland portion of this acreage. About 6.42 acres of the northern portion of this property is uplands that they would be willing to trade to the City. The Conservation Fund has submitted the attached appraisal report for the 6.42 acres the City is interested in. The value for this is $80,000. In .1999, the City had an appraisal done of many City-owned wetland parcels, (attached) which will help us to determine which parcel(s) the City may be interested in trading for the 6.42 acres. The Conservation Fund requires an equal value for the land trades. o:o The City now needs to have a new appraisal done of our wetlands area we think is close in value to the land we want to own ($80,000). The City will pay for the appraisal of our wetland area. The Conservation Fund stated that the 93-acre parcel that appraised at $75,000 (Parcel 8) is the closest in value. Ithink we should have all 8 parcels re- appraised. We may want to trade a combination of different parcels. ~.:. Once we both agree on the parcels, The Conservation Fund and the City of Kenai will then make the land trade. The next step would be to find the capital funds to construct this exit road. Attachment cc: Harbor Commission THE C()NSER~A] ION FUNI) December 12, 2003 Mr. Keith Komelis Public Works Manager City of Kenai 210 Fidalgo Avenue, Suite 200 Kenai, Alaska 99611 - · OCT ?. Z ' ~. P__!'J' '.. ":'"": RE: Property Adjacent to Kenai City Boat Ramp Dear Keith, Enclosed please find a copy of an appraisal report recently completed on the tract of interest to the City of Kenai. The appraiser estimated the land area at 6.42 acres based on the drawing you provided to me and concluded a value of $80,000 for that tract. If you concur with this value the next step will be to identify and appraise the parcel to be exchanged. In reviewing the report prepared by the Derry's in 1999 the tract that is closest in value is the 93-acre parcel for which they concluded a value of $75,000. I look forward to continued progress to, meet our collective interests. Sincerely, Brad Mei jo~~~'[ Alaska Representative Enclosure MACSWAIN ASSOCIATES 4401 Business Park Boulevard, Suite 22 Anchorage, Alaska 99503 Ph 907.561.1965 Fax 907.561.1955 Market Value Estimate of 6.42-Acre Land Parcel Appraised Parcel Aerial view of 6.42-Acre Kenai Boat Launch Property Ill Kenai Boat Launch Bridge Access Road Kenai, Alask~ Valuation Date September 10, 2004 File No. 04-1095 Submitted To- Brad Meiklejohn The Conservation Fund 9850 Hiland Drive Eagle River, Alaska 99577 MacSwain Associates I II I 4401 Business Park Blvd., Suite 22 Anchorage, Alaska 99503 Telephone: 907-561-1965 Facsimile: 907-561.1955 E-mail: d. shantz@macswain, cotn October 5, 2004 The Conservation Fund 9850 Hiland Road Eagle River, Alaska 99577 Attn: Brad Meiklejohn Re: 6.42-Acre Land Parcel Bridge Access Road Kenai Boat Launch Kenai, Alaska Dear Brad: As requested, we have prepared a Restricted Use Appraisal that analyzes the above-referenced vacant parcel located within Kenai city boundaries fronting the west side of Bridge Access Road and contiguous to the Kenai Boat Launch. The purpose of the report is the estimate the market value of the 6.42-acre parcel. Importantly, the valuation assumes the appraised parcel is a legal ' partition from a larger 31.5-acre parcel. Platting the parcel, which is a hypothetical condition of this report, may produce a small variation in land area but have no significant affect on the value indicator. We understand you intend to use the appraisal to evaluate a potential land exchange involving the City of Kenai. As mutually agreed, we perform a complete appraisal process but present limited descriptive and analytical discussions in the report. Moreover, we prepare this report to comply with Standard Rule 2-2(c) of the Uniform Standards of Professional Appraisal Practice (USPAP) that pertains to a Restricted Use Appraisal. Based on the data, reasoning, and analysis relied upon in the appraisal process, we estimate the market value of the appraised parcel, as of September 10, 2004, is $80,000. We appreciate the opportunity to prepare this appraisal report. If you have questions regarding our analyses or conclusion, we will be glad to discuss them with you. Sincerely; Dan Shantz 'Alaska State Certificate No. 47 Steve MacSwain, MAI Alaska State Certificate No. 42 041095: Kenai Boat Launch Chapter 2: Property Description and Analysis Overview. We prepare a brief description and analysis of the 6.42-acre appraised parcel located just west of the Bridge Access Road/Beaver Loop Road intersection. Importantly, we calculated the subject land area from an aerial photograph provided The Conservation Fund and mapping with dimensional boundaries obtained from the KPB. Facing exhibits help illustrate the physical, legal, and economic character of the appraised parcel. Property Type: Vacant industrial-zoned land Location- The appraised parcel fronts the west side of Bridge Access Road 1.5_+ miles southeast of the Kenai commercial district. Contiguous to the west parcel boundary is the Kenai Boat Launch. Neighborhood. The subject is located in the City of Kenai industrial area that fronts the Kenai River near its mouth. Fish processing and related facilities are the principal land use of developed land, although attrition in the fishing industry has caused re-development to some facilities. We also observed land developed with freight distribution, mini-storage, log cabin manufacturing, and yard storage. The City of Kenai owns about one-third of the industrial- designated land with the remainder in private ownership. A city dock and boat ramp is also located in the neighborhood. Development of non-riverfront land is sparse and demand is limited. The closure of several fish processing facilities as well as a decline in the commercial fishing industry compounds the scarcity of neighborhood demand for industrial-zoned land. We anticipate future demand will be from light industrial or commercial use rather than heavy industrial. Land Description. The appraised parcel sets below access grade with' Bridge Access Road and extends westerly to the north end of Boat Launch Road. Importantly, the appraised parcel is north of the Iow-lying wetlands that affect the development potential of contiguous land. We determined from aerial photographs and mapping that the parcel width is 320_+ feet while its depth ranges from 786_+ foot on the north boundary to 998_+ feet on the south. Listed below are important physical characteristics pertaining to the appraised parcel. I,and Area: 6.42_+ acres or 279,594_+ square feet Shape: Irregular Road Frontage: 355+_ Road Access: Bridge Access Road, asphalt-paved two-lane roadbed; Boat Launch Road gravel- surfaced two-lane roadbed ' 2003 Average Daily TraJ]~c (bunt: 9,500 vehicles per day on Bridge Access Road Public Utilities: Electricity, natural gas Topography: Relatively level to undulating 041095: Kenai Boat Launch i , i IMaC,Swain Associates P Tt~. IV f/2 7:.5 iv., 6.42-Acre Appraised Parcel ~. ~1.~4' - ~ I Boat Launch rR O Beaver Loop Road / ....... Bridge Access Road 041095: Kenai Boat Launch ,':",S"'-...' F reel 1 (~6+ acres)' $32,000 ~,...; ~. ', .. -. :: ;' Parcel 2 (345+ acres)' $210 000 ~ .... ~,,... ' Parcel 3 (12+ acres): $55,000 : Parcel 4 (622+ acres)' $376,000 i . --- ! : Parcel 5 (15+ acres): $7 500 : Parcel 6 (61_+ acres)' $21,500 J Parcel 7- No longer visible -0-' Parcel 8 (93_+ acres): $75,000 r., .... ,, ~,.. :..: :,'..: ; I I 1,, , . , ,~..;.. ':--j -x;--,- ........ ,z__~ ..... ~, :.,._.,,,...,.,..,..,:. · i · ' ' ~ .... , '. !~ i ' ! '',-.::', "' , I , "': ~" . , ~ ;'.--,,,' ,~ ^. ,. , , 1.:..),- .:,:.;.~.. ~<:,~. ::,:;~'..:.,. 'O ii I I I I ~ ,/ DERR':" & ASSOCIATES //?P/z.~ / TR. A MEMORANDUM · CITY OF KENAI 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-283-3014 ~ TO' FROM' DATE' SUBJECT: Linda Snow, City Manager Keith Kornelis, Public Works Manager ~ June 9, 2005 Kenai Boating Facility Exit Road Wetland Sale to the Conservation Fund The Conservation Fund will trade 6.42 acres of their upland land (for a Boating Facility Exit Road) for 93.13 acres (parcel'7) of City owned wetlands. Since the Cities wetlands (parcel 7)is appraised at $90,000 and Conservation Fund uplan is aPpraised at $80,000 they will also give the city $10,000 cash with this trade. ' The Conservation Fund would also like to purchase at appraised value Parcels 1,2, 4, 5, and 6. Below are two tables that illustrate these proposals. Land Trade for Boating Facility Exit Road Appraised Value Conservation Fund 6.42 Acres $80,000 City parcel #7 93.13 Acres $90,000 .... Trade of'lots &'Cash to the City $10,000 The Conservation Fund Proposal To Purchase City Owned Wetlands '"Parcel Acres Appraisal Cash to City .. ..1 45.67 $46,000 $46,000 2 621.89 475,000 475,000 3 11..63 90,000 Not in Offer 4 14'163 8,000 8,000 5 61.37 27,500 27"500 6 2.04 1,000 1,000-- ,, 'cash Payment to City' $557,000 Please find attached: Attachment A Aerial Photo of Wetland Parcels Attachment B The Conservation Fund purchase request dated June 2005 Attachment C City and the Conservation email correspondence May 2005 Attachment D McSwain Associates appraisal report dated September 10, 2004 of the Conservation Fund Land 6.42 acres Attachment E Derry & Associates appraisal report dated April 22, 2005 of Seven City owned wetland acres I have made it clear to the Conservation Fund that our communications concerning this have been for discussion purposes only and that the Council of the City of Kenai would be making any discussions. cc: Brad Meiklejohn, The Conservation Fund McSwain & Associates Derry & AssOciates KK/njc Mr. Keith Komelis Public Works Manager City of Kenai 210 Fidalgo Avenue. Suite 200 Kenai. Alaska 99611 RE' Tracts on the Kenai River Dear Mr. Komelis, '--: -::-- ' "" ".:T The Conservation Fund is interested in purchasing lands ovmed by the City of Kenai that are located along the Kenai River. These lands were recently appraised by Derry and Associates and are shown on the enclosed map. The Conservation Fund is interested in purchasing ~/~arcels 1, 2, 4, 5, and 6 for their appraised values, which total $557,500. Because the funds we have available for this will be withdrawn unless an agreement can be reached by August 2005, I would appreciate a timely response. Sincerely, Brad Meiklejotm ~ Alaska Representative Enclosure VARY.___/ .... [>(!t'lllt"l'.~,' /I1 ,!~l'l't/ tilit? ll'~it{'l' Keith Kornelis From: Sent: . 'Fo' Cc:' Keith Kornelis Thursday, May 26, 2005 4:10 PM 'Brad M ei klejo h n~ aol. co m' Linda Snow; Larry Semmens; Kim Howard; Madlyn Kebschull; Jan Taylor; Jack LaShot; Cary Graves Subject: RE: The Conservation Fund land trade Brad, The city administration is very interested in continuing with the trade proposal discussion. I understand that your first preference would be to trade the city's parcel 7 (appraised at $90,000 for 93 acres) for your 6.42 acres appraised at $80,000 plus The Conservation Fund paying the city $10,000 cash. I understand that your parcel would have to be subdivided before part of it could be traded. At this time we do not have the funds to do any improvements to your property this summer. However, I am excited that we may own the property so that something could be done for the 2006 summer. And, the city may be interested in selling parcel 2 (appraised at $475,000 for 622 acres). I am putting together information for the Kenai City Council to discuss this. I do not think we will have any type of response from our city council until after our June 15, 2005 council meeting. I will keep you informed. Thanks. Keith Kornelis, Public Works Manager 907-283-8232 City Safety Coordinator Fax 283-3014 Harbormaster . ..... Original Message ..... From: BradMeiklejohn@aol.com [mailto:BradMeiklejohn@aol.c~m] Sent: Thursday, Nay 19, 2005 10:29 AM To: Keith Kornelis Subject: Property Thanks for sending along the appraisal. Our first preference would be exchange~o~,.Parcel 7)in addition to $10,000 cash that we would provide to make 'up the difference in value. Please advise if that course is acceptable to you. Also, as a separate matter, is there any possibility that the City would be willing to sell Parcel 2? Regards, Brad Meiklejohn Alaska Representative 5/26/2005 Thc Conser-,'ation }: und 2727 Hiland Road Eagle River, Alaska 99577 (907) 694-9060/9070fax 71'1~ c_ (.,~n s.c r va! i~ n lq c~ n d Rated.4 + -- l'he l'ap En~'ironmc'nt~d A:ot~-Prqfi! in the A"a~bm - .'tn~eric,'tt.t Itr~'titute a.f t:'hilanthropy Notice: This email message, including any attachments, is for the sole use of the recipients to whom it is addressed, and may contain information that ia proprietary, privileged and/or confidential. If you are not the intended recipient, please contact the sender by reply ernail and delete the original message without making any copies. If you are not the intended recipient, unauthorized review, copying, use, disclosure, or distribution is improper ancl may be subject to legal sanctions. Although this e-mail and any attachments are believed to be free of any virus or other defect that might affect any computer system into which it is received and opened, it is the responsibility of the recipient to ensure that it is virus free and no responsibility is accepted by The Conservation Fund for any loss or damage arising in anyway from its use. 5/26/2005 MACSWAIN ASSOCIATES 4401 Business Park Boulevard, Suite 22 Anchorage, Alaska 99503 Ph 907.561.1965 Fax 907.561.1955 Market Value Estimate of 6.42-Acre Land Parcel t llii Appraised Parcel Aerial view of 6.42-Acre Kenai Boat l. aUnch Property Kenai Boat Launch Bridge Access Road Kena/, Alaska Valuation Date September 10, 2004 File No. 04-1095 Submitted To- Brad Meiklejohn The Conservation Fund 9850 Hiland Drive Eagle River, Alaska 99577 4401 Business Park Blvd., Suite 22 Anchorage, Alaska 99503 Telephone: 907-561.1965 Facsimile: 907-561.1955 E-mail: d. shaittz@macswain, com Oct obe r 5. 2004 The Conservation Fund 9850 Hiland Road Eagle River, Alaska 99577 Attn' Brad Meiklejohn Re' 6.42-Acre Land Parcel Bridge Access Road Kenai Boat Launch Kenai. Alaska Dear Brad: As requested, v,,e have prepared a Restricted L/se At2l;raisal that analyzes the above-re£erenced vacant parcel located within Kenai city boundaries fronting the west side of Bridge Access Road and contiguous to the Kenai Boat Launch. The purpose of the report is the estimate the market value of the 6.42-acre parcel. Importantly, the valuation assumes the appraised parcel is a legal partition from a larger 31.5-acre parcel. Platting the parcel, which is a hypothetical condition of . this re. port, may produce a small variation in land area but have no significant affect on the value indicator. We understand you intend to use the appraisal to evaluate a potential land exchange involving the City of Kenai. As mutually agreed, we perform a complete appraisal process but present limited descriptive and analytical discussions in the report. Moreover, we prepare this report to co~nply with Standard Rule 2-2(c) of the U~iform Stanclardsof Professional Apb~rai.s. al Practice (USPAP) that pertains to a Rext~'ir'ted Use Appraisal. ' Based on the data, reasoning, and analysis relied upon in the appraisal process, we estimate the market value of the appraised parcel, as of September 10, 2004, is $80,000. We appreciate the opportunity to prepare this appraisal report. If you have questions regarding our analyses or conclusion, we will be ,glad to discuss ihem with you. Dali Sl~antz Alaska S!utc Certil'ict~Ic No. 47 - --'7 Steve MacSwain. MAI Alaska St'rtte Certificate N~). 42 . iXlacSx~'ain Associales ] Boat Launch Road Appraised Parcel Bridge Access Road Beaver Loop Road 041U9.5' ix'ctttii Bt,t~! Restricted Use Appraisal Report Prepared for City of Kenai 210 Fidalgo Avenue, Suite 200 Kenai, AK 99611 Market Value Seven City-Owned Tracts on the Kenai River- Mile 5-11 Kenai, Alaska Effective Date' April 22, 2005 DERRY & ASSOCIATES, Inc. Real Estate Appraisers & Counselors (907) 260-8434 · derry~,alaska.com Box 2552 · Kenai, AK 99611 DERRY & ASSOCIATES, Inc. Real Estate Appraisers & Counselors (907) 260-8434 · dcrry@alaska.com Box 2882 · Kenai, AK 99611 April 28, 2005 Keith Kornelis, Public Works Director City of Kenai 210 Fidaigo Avenue, Suite 200 Kenai, AK 99611 RE' Restricted Use Appraisal Report Seven City-owned Parcels fronting on the Kenai River- Mile 5-11 Kenai, AK Dear Mr. Kornelis: Following is the Restricted Use Appraisal Report on the property referenced above. As a Restricted Use Appraisal Report a minimal amount of information describing the property or the development of the conclusions of value are presented. The value estimates were developed following a complete appraisal process with a physical inspection of the property. This restricted use appraisal report was prepared for your exclusive use, to assist you in determining the Market Value of the subject property as of the April 22, 2005 effective appraisal date. Supporting documentation regarding the basis for the value estimates is retained in our files and available for review with you upon request. Thank you for this assignment and the opportunity to be of service to the City of Kenai. Sincerely,~._..,, ulie Derry Client Intended Use/ Purpose Scope of Work Property Identification Restricted Use Appraisal Report Keith Kornelis, Public Works Director City of Kenai 210 Fidalgo Avenue, Suite 200 Kenai, AK 99611 To estimate Market Value for the sole purpose .of assisting the client, the City of Kenai, in determining Market Value of the individual parcels for their use in negotiating a potential land trade with the Conservation Fund. Based on consultations with the client, consistent with the intended use/purpose, the appropriate scope of work was developed. A physical inspection was made of the parcels appraised, neighborhood, and market data analyzed in the valuation process. The appraiser also relied on notes and photographs taken during previous inspections along the Kenai River. Additional data was obtained from available maps/aerials, and through inquiries with the Borough's Kenai River Center, utility providers, and other knowledgeable about the Kenai River. The value analysis utilized the Sales Comparison technique. In this process comparable sales data was researced and then analyzed. Data sources included the appraiser's market data bank, MLS sale/listings data, research of recorded documents,. real estate agents/brokers, and parties to the transactions. In the valuation process quantitative and qualitative adjustments were made to the comparables for differences in comparison to the parcels appraised. The extent of analysis required was increased due to the parcel's primarily wetlands characteristics, Kenai River frontage, and the lack of constructed road access and utilities to all of the parcels except Parcel 2. Numerous sales and listings were researched to provide a basis for applying market-derived adjustments. Seven acreage tracts fronting on the Kenai River between River Mile 5 - 11. Due to their .legthy metes and bounds legal descriptions for valuation purposes they are identified by their Kenai Peninsula Borough Parcel numbers in the property description section which follows. DERRY & ASSOCL~TES, Inc. Appraisal Dates Interest Valued Date of Inspection: April 22, 2005 Effective Date of Value- April 22, 2005 Date of Report: April 26, 2005 Fee Simple Ownership History Property Description The City of Kenai, owner of record, has owned the parcels in excess of the three-year reporting period. During this time frame the parcels have not been listed for sale. There are no reported pending offers to purchase/sell any of the tracts. However, according to the client this appraisal will be used to establish a basis for negotiating a potential land trade with the Conservation Fund. The appraiser has no knowledge of the value of the acreage to be traded. The following· table summarizes physical characteristics of the parcels. Soils data is from the US Soil Conservation Service Soil Survey for the Kasilof-Kenai Area. For the most part the parcel-'"~ contain a high proportion of poorly drained, mostly peat type soils with a high water table. Copies of the Borough's new wetlands overlay maps for the neighborhood are included at the end of this report. Except for Parcel 2 which fronts on Angler Drive along the north boundary the other parcels do not have constructed road access or public utilities available. Due to the proximity to the mouth of the Kenai River at Cook Inlet this section of the river is subject to tidal fluctuation and the river level increases at the incoming to high tide. Parcels 4-7 are islands and reportedly subject to some flooding at higher tides. A portion, if not all, of each parcel is within a designated floodplain, with a base elevation established at fourteen feet. Sizes reported are from the Kenai Peninsula Borough Assessor's plat map. Due to possible erosion and/or accretion all of the parcels may vary in size from that reported. This is likely considering they were platted as government lots many years ago. The appraiser reserves the right to modify the value conclusions if a survey by a Registered Land Surveyor reveals a variation in size from that used in this appraisal. The parcels are within the city limits of Kenai and zoned Rural Residential. DERRY & ASSOCIATES, Inc. Summary of the Subject Parcels Parcel KPB # 1 049-110-08 2 049-011-11 3 049-110-10 4 049-110-12 5 049-110-13 6 049-110-14 7 049-110-15 Size- .Acres Tol~oqraphy/Soils Utilities _ ,, 46+/- Level/Clunie peat & tidal None marsh along the Kenai River frontage. 622+/- Level/Mostly Clunie peat, E,T,G band of gently sloping better soils(Kalifonsky silt loam) @ N & E. Tidal marsh along River. Open & forested. 12+/- Clunie peat @ north. 5+/- None Ac.forested ridge @ S,,well-drained soils 15+/- Island-Level/Tidal marsh None Road Access None Angler Dr.@N None None 61+/- Island-Level/Tidal marsh, None None some trees 2+/. Island-Level/Tidal marsh, None None no trees 93+/- Island created by narrow None channel @ north, Beaver Creek to W. Level/mostly peat & tidal marsh. Silt loam underlain by sand/ gravel to NE. Some areas treed. Comments Adjoins City & State- owned wetlands. East of Bridge Access Rd. 1,100'+/- State-owned acreage to W, pdvate lots & acreage to E. Extensive River frontage. State-owned acreage S and W, subdivision .25 mile south. Floods at higher tides. Flooding at higher tides. Floods at higher tides, accretion expanded area into River. None Partially flooded at higher tides. Highest and Best Use Valuation Parcels 1, 4, 5, and 6' Maintain vacant for investment and/or wetland mitigation purposes. Parcels 2, 3, and 7' Combination of seasonal recreational use and maintain vacant for investment and/or wetland mitigation purposes. Value definition: Market Value as defined in the Dictionary of .Real Estate Apprai.sal, Appraisal Institute, Fourth Edition, 2002, pgs. 177 & 178. The following table lists the primary comparables analyzed in the valuation process. Numerous other transactions provided a basis for developing market-derived adjustments. All of the comparables have varying quantities of river frontage. Some of the sales include a high proportion of wetlands and others provide DERRY & ASSOCIATES, Inc. significantly superior usability. Comparables 7 and 8 lack constructed road frontage and utilities. For comparison purposes the estimated contributory value of site improvements are deducted from the total sale price of Comparables 1 and 2. The buyer of C2 provided the land value allocation. 8 8a Sale Sale Size Price/ Sale _Le_q a I, Description Date Price (Acres) Acre Term____~s L11-F, H.D. Lindgren 1/05 $70,000* 35.54 $1,970 Cash 1979 S/D GLO 9, S8, and GLO 11 & 12, S17, T5N, R11W 2/04 $400,000' 57.12 $7,003 Cash Trt. 1 & 3, L2, B2, 1/01 $100,000 19.66 $5,086 Cash Angler's Acres Tract 7A, Wildrose S/D 6/04 $687,200 17.19 $39,977 Cash GLO 13 & NE4 NW4, 2/02 $475,000 52.53 $9,042 11% dn S23, T5N, R 1 lW Tract B-l, Channel 2~02 $382,500 21.86 $17,498 Cash Shores USS 257 8/01 $2,200 2.78 $791 Cash M.L. Stewart S/D Lot 9A 5/00 $30,000 .97 $30,928 17% dn Lot 4A 12/00 $25,000 1.00 $25,000 Cash Lot lA 7/02 $35,000 .98 $35,714 20% dn L7, Larry's Fishing Hole 5/02 $32,000 1.01 $31,683 63% dn *Net Land Value In the analysis the comparables were adjusted for differences in comparison to the subject parcels. Elements of comparison include sale terms, market conditions (dateof sale), site size, road frontage/location, topographic features/quantity of wetlands, riverfront amenity, availability of utilities, shape, and legal constraints. Concluded Value: Following analysis of the comparables the estimated Market Value of the individual parcels is concluded as follows: Parcel 1 (46+/-acres) Parcel 2 (622+/- acres) Parcel 3 (12 +/- acres) Parcel 4 (15+/- acres) Parcel 5 ( 61+/- acres) Parcel 6 (2+/- acres) Parcel 7 (93+~- acres) $46,000 $475,00O $90,000 $8,000 $27,500 $1,000 $90,000 The value conclusions are based on cash sale terms and assuming a sale of each tract to a separate buyer. The Market Value of all of the lots combined would indicate a discount from the total of the Market Value conclusions of the individual parcels. The parcels are valued based on the sizes reported on the Kenai Peninsula Borough Tax Assessor's map. The appraiser reserves the right to modify the value conclusions if a current survey by a registered Land Surveyor indicates a variation in size. Specific Conditions None Appraiser Exposure Time Appraisal Development Reporting Process Indicated Exposure Time' 3-4 years To develop the estimates of value the appraiser performed a Complete Appraisal process as defined by the Uniform Standards of Professional Appraisal Practice (USPAP). This means that no departures from specific guidelines of USPAP were invoked. The Cost and Income Approaches are not applicable to this assignment because the property consists of vacant land. This Restricted Use Appraisal Report sets forth only the appraiser's conclusions and presents no discussion of the data, reasoning, and analysis that were used in the appraisal process to develop the estimates of value. Supporting documentation containing the data, reasoning, and analysis is retained in the appraiser's file. The depth of discussion in this report is specific to the needs of the client as identified in the Scope of Work. The appraiser is not responsible for unauthorized use of this report. DERRY & ASSOCIATES, Inc. DERR¥ & ASSOCiaTES. !nc. Alaska 99fi11-7794 ~ Telephone: 907-283-7535 / ~lJ~~,~. KENAI. ALASKA M MO: TO' FROM: Planning & Zoning Commission ~ \ Marilyn Kebschull, Planning Administrator DATE' July 6, 2005 SUBJECT' Lot 1, Block 1, Thompson Park, Addition No. 1 Please see the attached information from Kim Howard, Assistant to the City Manager. The Commission is being asked to determine if the above-referenced parcel is needed for a public purpose. Your recommendation will be forwarded to Council. Attachment "gt'//affe wilt a Paa, , Bi y wilt a Fulure" 2~ 0 Fid~lgo Avonuo, Konsi, Alaska 996~ ~-7794 Tolophono: 907-283-7§3§ / FAX' 907-283-30~4 www.ci.kenai.ak, us Memorandum Date: To' For: From: REe July 5, 2005 Kenai Planning and Zoning Commission July 13th Meeting Kim Howard, Assistant to City Manager f/~ Lot 1, Block 1, Thompson Park, Addition No. 1 The above referenced parcel was foreclosed upon for special assessments for water and sewer improvements in Thompson Park Subdivision and for unpaid property taxes to the Borough. In order to protect the city's interest (unpaid assessments in excess of $3,000), Ordinance No. 2086-2005 declared the property needed for a public purpose. The city paid the taxes owed thereby stopping the borough from proceeding in the foreclosure process. The city has now received the property through a tax foreclosure deed. KMC 22.05.010 states, "Disposal or sale of lands shall be made only when, in the judgment of the City Council, such lands are not required for public use." Please review the attached map and make a recommendation as to whether the parcel is needed for a public purpose or whether it should be sold in a future city foreclosure sale. The former property owner will be notified of the public heating on the ordinance in accordance with KMC 22.05.090(c). The recommendation of the Commission will be forwarded to the Council in an ordinance for introduction at their next meeting. Attachment /kh 6 ~,$9 25 N / / TR. d Subject Parcel TR. K TR. L  03910 ~ 3920 s 2 ( ---F--- DOGWOOD RD PRIMROSE p LL FORGET-ME AD 2 AGENDA KENAI CITY COUNC~- REGULAR MEETING JULY 6, 2005 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http://www, ci.kenai, ak.us ITEM A: CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda *All items listed with an asterisk (*) are considered to be routine and non- controversial by the council and will be approved by one motion. There will be no separate discussion of these items unless a council member so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda as part of the General Orders. ITEM B: SCItEDULED PUBLIC COMMENTS (10 minutes) . Maya Johnson -- 4-H, Jumor Market Livestock ITEM C: UNSCIH/IDULED PUBLIC COMMENTS (3 minutes) ITEM D: REPORTS OF KPB ASSEMBLY, LEGISLATORS AND COUNCH, S ITEM E: REPORTS OF KENAI CONVENTION es VISITORS BUREAU BOARD AND KENAI CHAMBER OF COMMERCE ITEM F: o . 1 . PUBLIC HEARINGS Ordinance No. 2105-2005 -- Increasing Estimated Revenues and Appropriations by $220,000 in the Airport Land System Special Revenue Fund and the Runway Safety Area Improvements Capital Project Fund. Ordinance No. 2106-2005 -- Increasing Estimated Revenues and Appropriations by $50,000 in the Water and Sewer System Analysis Capital Project Fund. Resolution No. 2005-31 -- Transferring $7,000 in the General Fund for a Town Clock. Resolution No. 2005-32 -- Awarding the Bid to Division 10 Products, Inc. for Multipurpose Facility Arctic Winter Games Bleachers - 2005 for the Total Amount of $33,650. Resolution No. 2005-33 -- Expressing Intent to Donate Up to 30 Acres of a 77-Acre Parcel Near Mommsen Subdivision to the Senior Connection of Kenai Upon Certain Conditions. ITEM (3: MINUTES o *Regular City Council Meeting of May 18, 2005 *May 18, 2005 Budget Work Session Notes *Regular City Council Meeting of June 15, 2005. ITEM H: OLD BUSINESS , ~.~~.~~ .Discu~si°n -- Conoco/Phillips Multipurpose Facility Naming Proposal. ITEM I: NEW BUSINESS . Bills to be Ratified Approval of Purchase Orders Exceeding $2,500 *Ordinance No. 2107-2005 -- Increasing Estimated Revenues and Appropriations by $65,812 in the Semor Citizen Special Revenue Fund and Senior Center Kitchen Capital Project Fund for Kitchen Remodel. o *Ordinance No. 2108-2005 -- Amending Portions of Kenai Mumcipal Code, Title 6 Entitled, "Elections." ~/~ 5. Approval -- Vacation of a Portion of a 33-Foot Section Line Easement Within Lots 5 Through 15, Block 14, and Lots 3 and 4, Block 14 {erroneously omitted from the original application) of Carl F. Ahlstrom Subdivision (Plat KN 216); Within Section 25, and Vacation of a Port/on of a 50-Foot Section Line Easement w/th Tract A-5 of Dena'ina Point Estates Subdivision {Plat KN 84-107); Within Section 36, Township 6 North, Range 12 West, Seward Meridian, Alaska, the City of Kenai and the Kenai Peninsula Borough; KPB File No. 2005-102. ~ 6. Discussion -- Schedule Appeal of Planning & Zoning Commission ~/~ '~/~~~z~/~~~ ~fApproval of PZ05-3S-- An Application to Amend a Conditional Use · · Permit for Surface Extraction of Natural Resources to Allow Excavation Below the Water Table for the Property Known as Tract A 1, Beaver Loop Acres Addition No. 1 (2369 Beaver Loop Road}, Kenai, Alaska. Application Submitted by Patrick J. Doyle, Beaver Loop Sand & Gravel, 49785 Island Lake Road, Kenai, Alaska. Appeal submitted by James A. Krein. ~~/~/.,~, ~/~~~,~7,~ Discussion -- Commumty Foundation Proposal. ~~~. ~.~ Destination Marketing ~ Discussion, :~ . -- ITEM J: COMMISSION/COMMITTEE REPORTS o 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 ~II'I'NE SF~ilON.,.-- City Manager Contract. ITEM N: ADJOURNMENT KENAI PENINSULA BOROUGH PLAT COMMITTEE ASSEMBLY CHAMBERS BOROUGH ADMINISTRATION BUILDING 144 NORTH BINKLEY STREET SOLDOTNA, ALASKA 5:30 p.m. 'June 27, 2005 Tentative Agenda MEMBERS: Dr. Rick Foster Homer City Term Expires 2004 Brent Johnson KasiloflClam Gulch Term Expires 2006 Blair Martin Kal;ornsky Beach Term Expires 2006 Mark Massion Seidovia City Term Expires 2006 Ray Tauriainen Northwest Borough Term Expires 2005 ALTERNATES: Bill HutChinson Ridgeway Term Expires 2007 Jim Isharn Sterling Term Expires 2006 Dick Troeger Soldotna City Term Expires 2005 Ao a. Co Do CALL TO ORDER ROLL CALL APPROVAL OF AGENDA, EXCUSED ABSENCES, AND MINUTES 1. Agenda 2. Member/Alternate Excused Absences a. Brent Johnson, Kasilof/Clam Gulch bo 3. Minutes Ray Tauriainen, Northwest Borough a. June 13, 2005 SUBDIVISION PLAT PUBLIC HEARINGS . South Peninsula Hospital Subdivision 2005 Addition KPB 2005-122 [Tinker/City Homer, KPB, South Pen Hospital] Location: City of Homer . . Poacher's Cove Schmaizried Addition KPB 2005-157 [Lan Mark/Schmalzried] Location: West of Kenai Spur Hwy in Soldotna Sunshine Estates Johnson Addition No 2 KPB 2005-160 [Whitford/Johnson] Location: Off Diamond St in Nikiski . Tsunami View Subdivision KPB 2005-162 [Ability/Riley] Location' City of Homer . Cottonwood Point Replat No 1 (Revised) KPB 2005-103 [Ability/Quality Services, Schmidt] Location: Off Camilla's Court in Anchor Point Anchor Point APC John Caston's Industrial Park Subdivision No 5 KPB 2005-163 [Integrity/College Hts Baptist Church] Location' West of Kalifornsky Beach Rd in Soidotna Doggett Subdivision (Revised) KPB 2005-089 [Integdty/Doggett] Location: Off Gmat Land St in Sterling . Bidarka Heights Shadley Addition KPB 2005-152 [Anderson/McCubbins] Location: City of Homer Continued from June 13, 2005 meeting. . Diamond View Estates Four KPB 2005-150 [Anderson/McVeigh/Cusack/Walsh] Location' Off Diamond Ridge in Homer K-Bay APC Continued from June 13, 2005 meeting. E. FINAL PLATS F. . McNeil Point 2005 Addition (Final Plat) KPB 2005-018 [Freeman/Feraudo] Location: East of East End Road K-Bay APC Continued from June 13, 2005 meeting. MISCELLANEOUS INFORMATION -- NO ACTION REQUIRED G. PUBLIC COMMENT H. ADJOURNMENT NEXT REGULARLY SCHEDULED MEETING The next regularly scheduled Plat Committee meeting will be held July 18, 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~@bomu~h.kenai.ak, us web site: www. borou.qh.kenai.ak, us/planningdept 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 Hohl PC Member Seward City Term Expires 2005 William Hutchinson PC Member Ridgeway Term Expires 2007 James isham PC Member Sterling Term Expires 2006 Brent Johnson PC Member KasiloflClam Gulch Term Expires 2006 Blair Martin PC Member Kalifornsky Beach Term Expires 2006 Mark Massion PC Member City of Seldovia ' Term Expires 2006 A. B, Co KENAI PENINSULA BOROUGH PLANNING COMMISSION ASSEMBLY CHAMBERS BOROUGH ADMINISTRATION BUILDING 144 NORTH BINKLEY STREET SOLDOTNA, ALASKA June 27, 2005 - 7:30 P.M. CALL TO ORDER ROLL CALL Tentative Agenda 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. Silent Hills Subdivision KPB File 87-105 [Johnson/Galley] Location: Southeast of Funny River Road bo Pitfall Subdivision KPB File 2004-147 [Imhoff/Jones] Location: Anchor Point area Co Crest View Estates KPB File 2004-146 [Imhoff/Arno, Stafford, Beachy Cont.] Location: City of Homer do Misty Ridge Subdivision KPB File 2000-053 [imhoff/Halverson] Location: North of Diamond Ridge Road Plats Granted Administrative Approval *3. Plats Granted Final Approval (20.04.070) Plat Amendment Request *5. Coastal Management Program ao Conclusive Consistency Determinations Received from DGC b. Administrative Determinations c. Current Reviews *6. Commissioner Excused Absences Mari Anne Gross, Southwest Borough 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. F. G. H. , . Brent Johnson, Kasilof/Clam Gulch Ray Tauriainen, Northwest Borough *7. Minutes a. June 13, 2005 Plat Committee Minutes b. June 13, 2005 Planning Commission Minutes . .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 . Vacate the north 65.5 feet of Bartlett Street between Lot 1 Block 8 and Lot 2 Block 7 Fairview Subdivision (Plat HM 56-2936) and adjacent to Tract A South Peninsula Hospital Subdivision (Plat HM 98-4); within Section 18 Township 6 South, Range 13 West, Seward Meridian, Alaska; the City of Homer and within the Kenai Peninsula Borough; KPB File 2005-121; Petitioners: City of Homer and Kenai Peninsula Borough; Location: City of Homer / Postponed from June 13, 2005 meeting. . Resolution 2005-27; A land use permit application was received by the Borough to operate a material site in the North Fork area. KPB 16519003, HM T04S R14W, S25, S. M., W1/2 W1/2 W1/2 SEl/4 SW1/4, 5 acres; KPB 16519006, HM T04S R14W, S25, S. M., El/2 Wl/2 W1/2 SE1/4 SW1/4, 5 acres; Variance Requested. Applicant and owner: Paul Roderick . Resolution 2005-28; A land use permit application was received by the Borough to operate a material site in the North Fork area. KPB 16519012, HM T04S R14W, S25, S. M., E1/2 E1/2 W1/2 SEl/4 SWl/4, 5 acres; Variance Requested. Applicant and owner: Paul Roderick . Ordinance 2005-26; An Ordinance authorizing a land exchange with the City of Soldotna of a 10-acre Borough parcel on W. Redoubt for a 17-acre city parcel on the Steding Highway to support a city cemetery. ANADROMOUS STREAM HABITAT PROTECTION (KPB 21.18) VACATIONS NOT REQUIRING A PUBLIC HEARING Vacate the 30-foot radius utility easement except the front 10-foot adjacent to Linda Lane, within Lot 12A Block 3 River Vista Subdivision No 4 (Plat KN 77- 163), within Section 30, Township 5 North, Range 10 West, Seward Meridian, Alaska; City of Soldotna and within the Kenai Peninsula Borough; KPB File 2005-159 SPECIAL CONSIDERATIONS , Plat Waiver Application' Tract 2-2 Plat Waiver Resolution No 98-58-A Country Club Estates; KPB File 2005-161; KPBPC Resolution 2005-26; Petitioner: Laura Peek; Location: City of Homer J. K. Lo a. No Oo P. Go . . . . Removal of Plat Note 'Restriction: Lot 11 Lillian Wallie Estates Bayberry Hollow Addition; KPB File 2005-158; KPBPC Resolution No. 2005-24; Petitioners: Dennis and Roxie Trimble; Location: City of Homer . Ordinance 2005-27; An ordinance authorizing retention or sale of certain real property obtained by the Kenai Peninsula Borough through Tax Foreclosure proceedings. SUBDIVISION PLAT PUBLIC HEARINGS The Plat Committee is scheduled to review 10 plats. COASTAL MANAGEMENT PROGRAM . Kenai Peninsula Borough Coastal Management Plan Amendment Recreation, Tourism, and Coastal Access Policy Discussion OTHER/NEW BUSINESS New Plat Committee- July, August, September a. Mark Massion, Seldovia City Mari Anne Gross, Southwest Borough (if reappointed by Mayor) ALTERNATES: . ,. ASSEMBLY COMMENTS DIRECTOR'S COMMENTS COMMISSIONER COMMENTS PENDING ITEMS FOR FUTURE ACTION ADJOURNMENT MISCELLANEOUS INFORMATIONAL ITEMS NO ACTION REQUIRED Resolution SN 2005-08: Naming Certain Unnamed Private Roads within Tracts A and B, Castaway Cove Subdivision Amended (KN 84-140), Section 19, T5N, R10W, S.M., AK within Emergency Service Number (ESN)302; as approved June 13, 2005 Resolution SN 2005-07: Renaming Certain Public Rights-of-way within Sections 33 AND 34, T5S, R13W, S.M., AK within Emergency Service Number (ESN) 202; Section 4, T5S, R15W, S.M., AK within .Emergency Service Number (ESN) 401; Section 11, T5N, R9W; Section 17, T5N, R10W; Section 23, T5N, R10W; Section 25, T5N, R10W; Section 26, T5N, R10W; Section 28, T2N, R12W, S.M., AK within Emergency Service Number (ESN) 302; Section 11, T7N, R12W; Section 17, T7N, R11W; Section 23, T7N, R12W, S.M., AK within Emergency Service Number (ESN) 501, as approved June 13, 2005 Homer Advisory Planning Commission Minutes- May 18, 2005 . Homer Advisory Planning Commission Minutes- June'1, 2005 FUTURE PLANNING COMMISSION MEETING The next regularly scheduled Planning Commission meeting will be held July 18, 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 July 13, 2005 August 10, 2005 Anchor Point Anchor Point July 5, 2005 Chamber of Commerce Office July 19, 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: toll free within the Borough 1-800-478-4441, extension 2200 Fax: 907-262-8618 e-mail address: plannin~@bomugh.kenai.ak, us web site: www. borough.kenai.ak, us/plannin.qdept C E N T E FY: App. Start Date: Proj Name: Applicant: Contact Name: Location: Project Tracking Sheet Proieet Start:i ......................................................... Project ¢ompl~tod' t ....................................................... ;s2~:1 Subregn: l~k~ ......................................................... i Coast. Dist: ........... ~ .................................................... ~,, ............................. , ......... ~ ............ .._0,?..t...5_~0__0_.5_1 File Number: [_5.,8...2.,..4" ......................... ; Spec Area:i Tax Credit: ~ Parcel No' Riv. Mile t6'~'~-'§~'0""~'~' .......................................................... ~KENAI RIVER APMA#: CeE CeE Prat Expires CeE JD Expires: ............................................ , ;' ...................................... i : ........................... "1 Stream No: I Pmt Auth Typ [ ....................................................................................................................... I Lu.~P..~.D..~R~..A...N.~R~.E.~.N..~L.L.9~EP.."~.s..~~.F..~.~..~.~A.~..M~`.L..~..~..~..s..~' ............................................................................................................................................... i ....................... i .......................................... CC: I j COE-KFO: [~J CeE: U MINING LIST: Cost Share: [~ . TAX: [~-] CZM: ~ OPMP;r-] USFWS: L~ KNWR: ~ CeE: ~ COS: ~ ADF&G/SF: Al: Al Req Date: 1 ...................... J Al Rec Date: ~ .................................... # Days Review Susp OPMP' ID # Comments Due Revised Due Date Comm Sent Date Final Deter Rec'd Revr Pmt/Ref # Resp Due Revised Due Inspect Recm Recm Dat Auth Final Actiol~ / Date Expiry FP['¥'Zi' i..I [.ZZZZ;~ZZ] !.'.i.i.".'i';.;'.'. i.' ..i.. '.;._'."i ['"; ;'i'Z.i".T"ZZi'."/I ................................. .................. " , ~ .............. ...,~!, ..................... .............................. ,,, ~ ......................... .......................... ,~I'-'-- · -"'"'" "1 ,.._...._..'_......__.'.'..., ~~ .................................... ............................................. ~ ,[ ' ...................................... ............................................ '~ ............. ~ ............................................... t~ ..... 0~'~~'i~ ...................... ~: ......................... : .... ~ .................... ~:'~:"'~'~ "'.'.'.'7~ i'.Z.";,'i.'i.,;,'.~i.' Parksl, ........................ , ..................................................... ,[ ............................. , .................................... ~, ................... ~[ ................. i: ......................... : ~ ~" ....~ OHMP LL.'.._M_ __' t! j l 07/15/20051[ OHMP Amend: ~.i]~i].] CC Emailed: ACMP: __ IPR) Individual Project Review (consistency review) _ IPRA) No Consistency Review, amends permit i~s.ed under IP _ CC) Categorically Oonslstent __ GC) General Concurrence _ N^) Not Applicable (none of lhe above) -..._BS) Bank Stabilization/River Training ._BR) Bed/Bank Restoration .._BI) Bridge Install/Maint/Rernoval ._BL) Boat Launch .._Cl) Culvert InstalllMaintJRemoval ._.DF) Dock/Floating .__DG) Dredging __DI) Dam/Impoundment .._DP) Dock/Pile ~DR) Debris Removal ._DV) Dlversion/Reallgment ._.ES) Explosives/Seismic __FE) Fish/Wildlife Management · .._FM) Fisheries Management __HA) Hazing _..LU) Land Use ._ME) Material Extraction _.OF) Outfall Structure .._OS) Oil Spill Training/Response __eT) Other __PC) Placer/Commercial ._PR) Placer/Recreational __UL) Utility Line ~VF) Vehicle/Equip Ford ._..WB} Walkway/Boardwa lk/~tairs ._WE) Walkway/ELP/Stairs ._WW) Water withdrawl/IntakeStructure 1' Recm. Comments Only __ IRA) Rec Approval .._. RD) Rec Denial ...._ GC) General Comments , NR) Not Reviewed ..._ WD) Withdrawn/closed 1' Final Action __ D) Denied __ I) Issued ._ NR) Not Req'd __ WD) Withdrawn by applicant _. O) Other Authorities (Auth) OHMP ~ 840) Fish Passage __ 870) Anad. Water __ 890) Emergency FP __040) KPB. HP __ 070) Allowable __ 080) C.U,P. __ 090) Prior Existing __ 040) Tax Credit cZ) ~> 0 0 .. 444.~' ,0 J 0 0 << I · . . Z Document Name' PUBS CT0003173UN! 5050506 1 2006 Public Information ............. Primary Owner FOSTER STEVE & 3ACK & GARY PO BOX 303 SOLDOTNA, AK 99669-0303 -General In ~ormation Tax Code Area 30 KENAI Last Inspected'01/05 BASEMAP' KR06 Transferred 07/87 QUIT CLAIM DEED Bk/Pg 0314/0116 Doc No Structures 5 1 CABIN 2 CABIN Parcel049390'39 6 TakeMeAway Legal Description 1005 ANGLER DR T05N RllW Sll KN0840235 ANGLERS ACRES SUB - PART 4 LOT I Appr/Book 049 Acres Blt Area Sq. Feet 1998 BASE 289 .... PORCH · OPEN .WOOD WITH · 119 PORCH OPEN WOOD WITH 24 1998 BASE 289 -Certified Appraisal Values 1,50 Roll ~4AIN MAIN 0 MAIN 0 MAIN 0 Year Land Improvement Spec Feat Appraisal Taxabl 2005' 116,800 41,900 5,800 164,500 164,500 2004 104,500 38,400 6,400 149,300 149,30 2003 82,500 17,000 · 12,800 112,300 112,30. 2002 82,500 11,900 12,800 107;200 107,20 Parcel has note types=B. Date' 6/16/2005 Time' 4'10'49 PM RECEIVED 2005 KENA! RIVER CENTER Multi-Agency Permit Appli.cation C E N T E It NOTE- YOU MIGHT BE CONTACTED BY AN AGENCY REQUESTING FURTHER INFORMATION ON YOUR APPLICATION. A¢¢licant Information: _ _ Name: ~ ,~.12.-Y Mailing Address:_ City, State, Zip: K~l~A l,, Phone (home/work):: ~-7~57 Cell Phone: .RS, R - Please complete the following: Parcel Information:.. Lot: J Block~ Subdivision River/Stream Name: l~_~flt=~' ~.~ River Mile · Right J8[ or Left [--I bank? (Looking down-s .tream) KPB Parcel #: 1) The project is located within the city limits of: Soldotna UI Kenai~ Neither FI 2) This project is located within Moose Range Meadows Subdivision, within the KNWK? Yes F1 No Ifyes, is the project within one or both of: - the variable non-development easement? Yes [3 No F1 Not Sure[Z] - the 25-foot public us~ easement? Yes UI No [3 Not Sure[3 3) The project is located within 50-feet of the ordinary high water (OHW) or mean high water (MHW) of an anadromous stream? Yes ~ No El Not sure where OHW or MHW line is [2] 4) Does any portion of the project cantilever or extend .over the OHW or MHW of the stream? Yes ]~x No [3 Not sure where OHW or MHW line is F1 5) Does any portion of the project extend below the OHW or MHW line of the stream? Yes [8( No Fl Not sure where OHW or MHW line is [-1 6) Does this project replace a prior existing structure? Yes j~ No 7) Will material be extracted or dredged from the floodplain or river bed? Yes If yes, what type? 8) Will material (including spoils, debris, Or overburden) be deposited in the floodplain or river? Yes, temporarily [3 How long? Yes, permanently [2 If yes, what type of material is it? Where in the stream will the material be deposited?. Mr/4 9a) List all motorized equipment to be used on this project: _ M/It Amount: 9b) What motorized equipment will be used below OHW or MI-IW? KRC: PAGE 1 06/02/03 MUlti-Agency Permit Application Page 2 9c) .Length of time motorized equipment will be used below OHW? ~/)q .. 9d) Length of time motorized equipment will be used above OHW? ~//~ ,, I0) Directions to the site: ~,~a0~;~-_LOOP..TO. ~_nit~~ D~..~l~t~-3/~cl) LoT ! ~C.,~t-~ . ............................................................. 11) Surface area in acres of wetlands or other waters filled: 12) Is any portion of the work already complete? Yes ?"' No . If Yes, describe the completed work: _~~ t~ 13) Ad~esses of Adjo~g ~ope~y O~e~, ~ssee~ em., whose prope~y ~joins. ~e waterbody ~f more ,h~n ~ be entered he~e, please amcha supplemen~.~s0. /,c,, ~ONAT~R~E OF APPLICANT DATE II~1 ___ II III ._. ---- ' _ ...... ' .... ....... _ - ...... _ . ' ...._... ' iiii__ . il Il Ill ,llll, I STATEMENT OF AUTHORIZATION I hereby authorize, to act in my behalf as my agent in the processing of this application and to furnish, upon request, hffonuafion in support of tiffs permit application. Application is hereby made for a permit or permits to authorize fl~e work descn'bed in fl~is application. I certify that flae information in application is complete and accurate. I further certify tlmt I possess the aufl~ority to undertake the work described herein or am acting as the duly auflm .rized agent'0f the applicant. .. · 18 U.S.C. Section I001 provides tlmt: Whoever, in any manner witlzha fl~e jurisdiction of any department or agency of rite United States knowingly and willfully falsifies, conceals, or covers up any trick, scheme, or disguises a material fact or makes any false, fictitious or fxaudulent statements or representations or makes or uses any false Writing or doctunent knowing same to contain any false, fictitious or fraudulent statements or ento,, slmll be freed not more than $ I0,000 or imprisoned not more tlmu five years or both. -. i i IIllll . ' -- ___ _' .... _ ........ - .._' ...... _ ..... ' ...... _ ..... ' -- '11 ...... Illllllllllllllll ........ ' ............ KRC: PAGE 2 06102/03 t : Please answer ail questions. To avoid a delay in processing, please call the department if you answer.',yes" to anyof .the questions related to that department. Maps and plan drawings must be include~i with your packet. ,,In incomplete packet will be returned 1 APPLICANT INFORMATION Name of Appli~nt ...... [5 o~, ~____~o5' ._ Address ~~~ .... ~... City/State / Daytime Phone Fax Number Zip Code .,~',,q,- ~qt>a __ , E-mail Address m Agent (or responsible party if other than applicant) Address City/State Stat~ Zip Code Zip Code Daytime Phone Number E-mail Address 1 PROJ~ECT INFORMATION Yes 1. This activity is a: F1 new project .~modification or addition to an existing project If a modification, do you currently have any State, federal or Iocal approvaIs related to this activity?., ............................................................................................ Note: Approval means any form of authorization. If "yes," please Iist below: .......................... .. Approval Type Approval # Issuance Date Expiration Date · ~_~. '~e~. ~. ,r _~:-~.rrt No '"2. If a modification, has this project ever been reviewed by the State of Alaska under the ACMP? ........ 12 ' Previous State I.D. Number: AK Previous Project Name: I PROJECT DESC~TION 1. Provide a brief description of your entire project and ALL associated facilities and land use conversions. Attach additional sheet(s) as needed. ' . ~ . Proposed starting date for project: Proposed ending date for project: 2. Attach the following: · a detailed description of the project, ail associated facilities, and land use conversions, · etc. CBe specific, including access roads, caretaker facilities, waste disposal sites, etc.); .~ a project timeline for completion of all major activities in the proposal; · a site ¢1~ depicting property boundary with all proposed actions; · other ~Upporting documentation that would facilitate review of the project. Note: If the project is a modification, identify existing facilities as well as proposed changes on the site plan. Revised 7122/03 Page 1 ~ P~OJECT LOCATION le Attach a copy of the topographical and vicinity map clearly indicating the location of the project. Please include a map title and scale.. .. e The project is located in which region (see attached map): EI Northern E! Southeentral El Southeast E1 within or associated with the Trane~Alaska Pipeline corridor ' Location of project (Include the name of' the nearest land feature or body of water.). Township..__~_ Range~ Section~ Mefidiaa~ Latitude/Longitude, USGS Quad Map.~ 4, Is the project located in a coastal district? Yes lEI No ri. If yes, identify: ...... "~' (Coastal districts are a municipality or borough, home rule or first class city, second clas~ with planning, or -co-ast~l resourc~ service area.) Note: A coastal dtstrict is a participant in the State's consistency review process. It is possible for the State r, vtaw to b'e adf~i'ed to accommoda'te a Iocal permittingpublic hearing Early interaction with the district is important; please contact the district representative listed on the attached contact list. ., 5. Identify the communities closest to your project location: ' ... ." .:" The project is on: El State land or water*. E! Federal'land-",.Fi Private"lanrf: ' '~-. El Municipal land El Mental Health Trust land *State land can be uplands, tidelands, or submerged lands to 3 miles offshore. See Question #1 in DNR section. Contact the applicable landowner(s) to obtain necessary authorizations. · I)m, xa k .. NT o, CONSt;RVATXON PROV S ~ ' ' Y~s No 1. Will a disch~ge of wastewater ~om indus~al or commerciM operations occur7 ............................... U ' . 21 ' ' '1 , ~ Will ~e disch~ge be co, coted to ~ already approved sewer system? .... ...'~ ....'" ~ ' ' ' ~ '"' ~ Will ~e project include a sto~water c0tlectioffdisch~ge system? ..................................................... ~ . Do you intend to construct, install, modify, or use. any part of a wastewater (sewage , or greywater) disposal system? ' ' a) Ifso,'will the discharge be 500 gallons per day or greater? ............................................................ El ,~i~' b) If constructing a domestic wastewater treatment or disposal system, will the system bo loca.t_gd within fill material requiring a CeE permit? ...................................................... ,~f you answered yes to a) or b), answer the following; 1). What is the distance from the bottom' of the system to the top of the subsurface water table?. ~/A t . :~¥':':~ .':'< ,". '" 2) How far is any part. of the: wastewater~hsposal sy~t'6lU .fr0/n/h~ nearest ~ii~-fa~ Wa~e~:'~" ]~/rt, . 3) Is the surrounding 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? .... (Questions 1 & 2 will be used by DEC to determine whether separation distances are hieing met; Questions $ & 4 relat, to the required $tze af the fill Orwetlands are involved.) , Do you expect to request a mixing zone for your proposed project? ........ ~..r,/~ ................................. fl. (If your wastewat~r discharge will exceed Alaska water quality standards, you may apply for a mixing zone. If so, please contact DEC to discuss information required under 18 XAC 70.032.) Revised 7/22/03 Page 2 o Yes a) Will your project result in the construction, operation, or closure of a facility for the disposal of solid waste? ................................................................................................................... E] (Note: Solid waste means drilling wastes, household garbage, refuse, sludge, construction or demolition ~aste~, industrial solid waste, asbestos, and other discarded, abandoned, or unwanted solid or semi. solid material, whether or not subject to decomposition, originating from any source. Disposal means placement of solM waste on land.) b) Will your project resul~ in the treatment of solid waste at ~he site? ............................................... (Examples of treatment methods include, but are not limited to: incineration, open burning, baling, and composting.} ' c) Will your project result in the Storage or transfer of' $oIid waste at the s~te? ................................. d) Will the project result in the storage of more than 50 tons of materials for reuse, recycling, or resource recovery? ...................................................................................................................... I"] e) Will any sewage solids or biosolids be disposed of or land-applied to the site? ........................... (Sewage solids include wastes that have been removed.from a wastewater treatment plant system, xuch as a ,reptic tank, lagoon dredge, or ~vastewater treatment sludge that contain no free liquids. ~iosolids are the solid, semi-solid, or liquM residues produced during the treatment of domestic xeptage in a treatment works ~. hlch are land applied for beneficial use.) , Will your project require the application of oil, pesticides, and/or any other broadcast chemicals? ............................................................................................................................................ lEI a) Will you have a facili.ty with industrial processes that are designed to process no less than five tons per hour and needs air pollution controls to comply with State emission standards? ........................................................................................................................ lEI b) Will you have stationary or transportable fuel burning equipment, including flares, with a total fuel consumption capacity no less than 50 million Btu&our? .................................... 12 c) Will you have a facility with incinerators having a total charging capacity of no less than 1,000 pounds per hour? .......................................................................................................... El d) Will you have a facility with equipment or p~ocesses that are subject to Federal New Source Performance Standards or National Emission Standards for hazardous air pollutants? ... 12--I /) Will you propose exhaust stack injection? ................................ ............................................ e) Will you have a facility with the potential to emit no less than 100 tons per year of any regulated air contaminant? ........................................................................................................... f) WilI you have a facility with the potential to emit no less than I 0 tons per year of any hazardous air contaminant or 25 tons per year of all hazardous air contaminants? ...................... El g) Will you construct or add stationary or transportable fuel burning equipment of no less than 10 million Btu/lmur in the City of Unalaska or the City of St. Paul? .................................... El h) Will you construct or modify in the Port of Anchorage a volatile liquid storage t~k with a volume no less than 9,000 barrels, or a volatile liquid Ioading rack with a design throughput no less than 15 million gallons? ............................ · ............................................... i)' Will you be requesting operational or physical limits designed to reduce emissions from an existing facility in an air quality nonattainment area to offset an emission increase from ~other new of modified facility? ......................................................................................... El · . 7. Will you be developing, constructing, installing, or altering a public, water system? ........................... 12 b) 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 transfer of oil or other petroleum products to or from such a vessel or a pipeline system? .............................................. Will your project require or include onshore or offshore oil facilities with an effective aggregate storage capacity of greater than 5,000 barrels of crude oil or greater than 10,000 barrels of non-crude oil? ............................................................................ No Revised 7/22/03 Page 3 " c) Will you be operating facilities on the land or water for the exploration or production of hydrocarbons.* ........ · ....................................................................................................... If you answered "NO" to ALL questions in this section, continue to next section. If you answered "YES" to AN~ of these questions, contact the DEC office neareat you for information and ' . application forms. Please be advised that all new DEC permit~ and approvah reqnire a 30-day pnbli¢ notice period. DEC Pe~tidde permits take effect no sooner than 40 days after the permit i~ is,~ued. % Based on your discussion with DEC, please, complete the following: Types of project approvals or permits needed Date application submitted 9. Does your project qualify for a general permit for wastewater or solid waste? .................................... lEI Note: A general permit i~ an approval ffsued by DEC for c~rtain types of routin~ activities. If you answered "YES" t° any questions in this section and are not applying for DEC permits, indicate reason: .;..:i-i .... (DEC Contact) told me on _ _ ,. that no DEC approvals are required ' on' this pr;]eet because ' i-] Other: DEPARTMENT OF FISH AND GAME (DFG) APPROVES · .. yes No .,. . t. ts your project located in a designated State Game Refuge, Gritical Habitat Area or ... State Game Sanctuary7 ..................................................................................... · ....... , ........................ El ~ .. 2. Does your project include the construction/operation of a salmon hatchery?... · ............ El ~gr' · · ' 3. Does your project affect, or is it related to, a previously permitted salmon hatchery?.~ ..........El ~ · :'4. Does your project include the construction of an aquatic farm? .............................. · .. . ........... E] ~ If you answered "NO" to ALL questions in this section, continue to next section. .If you answered."yeSl' to ANY questions under I-4, contact the DFG Commercial Fisheries Division headquarters for information and application forms : ' Based on your discussion wi~ DFG, please compIete the following: Types of project approv.'ts or perm/ts needed · Date application ~ubmitted · If you answered "YES" to any questions in this section and are not applying for DFG permits, indicate reason: (DFG contact) told me on that no DFG approvals are required on this p'~oject because .......... " 12 Other: ...' · Revised 7/22/03 Page 4 · "DEPART~~ OF NATLrRA-L RESOURCES (D~) APPROVALS 1. Is the proposed project on State-owned land or water or wilt you need to cross State-owned land for access? ("Access" includes l~mpor~ry access for construction purposes. ~o~: In addition ~o Staff-owned upla~d~ ...... the Slate own.~ almost all land below the ordinary high water line of navigable ~treams, rivers and lakes, and below the mean high tide tine sem~ard for three, mileO. ........................................................................................................ a) Is this project for a commercial activity? ........................................................................................ 2~ Is the project on Alaska Mental Health Trust land (AMHT) or will you need to cross AMHT land? Note: Alaska Mental Health Trust land ix not considered State land for the purpose of ACMP reviews .................................. . Do you plan to dredge or otherwise excavate/remove materials on State-owned land? ....................... Location of dredging site if different than the project site: Township .......... Range~ Section~ Meridian~ USGS Quad Map 4~ Do you plan to place fill or dredged material on State-owned land? ..................................................... F] Location of fill disposal site if other tlmn the project site: ......... Township__. __ Range~____ S~etion~ Meridian ..... uSGS QuadMa~, Source is on: ~ State Land [2 Federal Land ~ Private Land [2 Municipal Land Do you plan to use any of the following State-owned resources: .......................................................... El Timber: Will you be harvesting timber? Amount: .. ... El Materials such as rock, sand or gravel, peat, soil, overburden, etc. '. .............................................. Which material? Amount: ..... Location of source: F1 Project site El Other, describe: .. Township , ~ Range_.._.._..___ Seetion~ Meridian ..... USGS Quad Map . Are you planning to divert, impound, withdraw, or use any fresh water, except from an existing public water system or roof rain catchment system (regardless of land ownership)? ........................... I-'l Amount (maximum daily, not average, in gallons per day): .. · Source: Intended Use:~ . If yes, wi-il your project'affect the availability of water to anyone holding water rights to that water? I-3 7. Will you be building or altering a dam (regardless of land ownership)? ............................................... i-I . 8. Do you plan to drill a geothermal well (regardless of land ownership)? ............................ ' .......... El 9. At any one site (regardless of land ownership), do you plan to do any of the following? .................... .[3 12 Mine five or more acres over a year's time !'3 Mine 50,000 cubic yards or more of materials (rock, sand or gravel, soil, peat, overburden, etc.) over a years time ~ Have a cumulative unreclaimed mined area of five or more acres If yes to any of the above, contact DNR about a reclamation plan. If you plan to mine less tl~an the acreage/amount stated above and have a cumulative unre¢laimed mined area of iess than five acres, do you intend to file a voluntary reclamation plan.for approval? .. El I 0. Will you be exploring for or extracting coal? ..................................................................... ' El 11. a) Will you be exploring for or producing oil and gas7 ......................................................................... F1 b) Will.you be conducting surface use activities on an oil and gas lease or within an oil and gas unit?Fl 12, Will you be investigating, removing, or impacting historical or archaeological or paleontological resources (anything over 50 years old) on State-owned land? ............................................................... El No Revised 7/22/05 Page 13. Is the proposed project located Within a known geophysical hazard area? ........................................... lEI Note: 6 AMC 80.900(9) defne~ geophysical hazard area~ as "thos~ areas which present a threat to life or property from geophysical or geological hazard~, includingfloodit~g, tsunamt run~up, ~torm surge run.up, landslides,, snowslides, faults, ice hazard& erosion, and littoral beach procsss." '7cnown g~ophysical hazard area~ means any area ident~ed in a report map published by a federalo $.tate, or local agency, Or by. a 'geological or engineering consulting.firm, or generally known by' local knowledge, as having known or potential hazards from geologic, ~eismic, or hydro[ogfc proces$e& ..~ 14. Is tho"proposed project located in a unit of the Alaska State Park System? ............................ . ......... I-I 15. Will you be working in, removing water 'or material from, or placing anything in, a stream, fiver or lake? fries includes (vork'or activities below the ordinary hilok water mark o~: on icc, in the active flood plsin, on islands, in or on the fac~ of thc banks., or, for streams entering or flowing through tidelands, above the level of mean lower Iow tide.) Not~: If the proposed project is located ~uithin a special flood hazard area, a floodplain development permit may be required. Contact the affected city or borough planning department for additional information and a fioodplain determination.) .... ...... .....[-] Name of waterbody: i6. Will you do anyofthe following: ................ Please indicate below: El Build a dam, river training structure, bther instream impoundment, or weir IZl Use the water El Pump water into or out of stream or lake (including dry channels) I"l Divert or alter the natural slream channel El Change the water flow or the stream Channel 12 Introduce silt, grovel, rock, petroleum products, debris, brush, trees, chemicals, or other organic/inorganic material, .including waste of any type, into the water El Alter, stabilize or restore the banks of a river; stream or lake (provide number of linear, feet affected along the bank(s) El Mine, dig in, o~: remove material, i~ncluding woody debris, from the beds or. banks of a waterbody E! Use explosives in or near a waterbody l"1 Build a bridge (including an ice bridge) ~. Use the si'ream, lake or waterbody as a road (even when frozen), or cross the stream with .tracked or wheeled vehicles, log-dragging or excavation equipment (backhoes, bulldozers, 'etc.) · El Install a culvert or other drainage structure El Construct, place,' excavate,' dispose or remove any material below the ordinary high water of a waterbody .. [2 Construct a storm water discharge or drain into the. waterbody · El Place pilings or anchors El Construct a dock .lEt Construct a utility line crossing I-'I Maintain or repai.r an existing.struct~e E! Use an instream in-water structure not mentioned here ' If you answered "No". tO .ALL questions in this section, continue to next section. · ; If you answered "Yes!.Qo ANY questions under 1-16, contact the Area DNR, office for.information, and application forms. .. Based on' your discussion.~Vith DNI!.:, please complete the following: Types of project approvals Or permits needed , Dat~ application submitted · ., · .. . , If you answered "YES" to any questions in this section and are not applying for DNR permits, indicate '.. reason: · . El ............ (D~ contact) told me on ................ that no DNR approvals are required on this project because ..... Revised 7~22~03 Page 6 ~ FEDERA~ APPROVALS Yes U.S. Army Corps of Engineers (COE) 1. 'Will you be dredging or placing structures or fills in any of the following: tidal (ocean) waters? streams? lakes? wetlands*? ................................................................................. If yes, have you applied for a COE permit? .................................................................................... Date of submittal: (NOte: Your application for this activity to the COE al~O serves as application for DEC ~ater Quality Certification.) ' *If you are not certain whether your proposed project is in a wetlands (wetlands include muskegs), contact the COE, Regulato~. ~ranch at (907) 753-2720 for a wetlands determination (outside the/tnchorage area call toll free 1-800-478-2712). Bureau of Land Management (BLM) 2. Is the proposed pro, eot located on BLM Iand, or will you need to cross BLM land for access? .......... If Yes, have you applied for a BLM permit or approval? ................................................................ Date of submittaI: NO U.S. Coast Guard (USCG) 3. a) Will you be constructing a bridge or causeway over tidal (ocean) waters, or navigable rivers, streams or lakes? .............................................................................................................................. El b) Does your project involve building an access to an island? ............................................................ ¢) Will you be siting, constructing, 'or operating a deepwater port? .................................................... I-'! If yes, have you applied for a USCG permit? ........................................................................... r-I Date of submittal: U.S. Environmental Protection Agency ('EPA) 4. · a) Will the proposed project have a discharge to any waters? .... .................................................... b) Will you be disposing of.sewage sludge (contact EPA at 206-553-1941)? .................................... 'If you answered yes to a) or b), have you applied for an EPA National Pollution Discharge Elimination System (NPDES) permit? ...................................................................................... r"l Date of submittal- (Note: For information regarding the need for an NPDES permit, contact EP/I at (800) 424-4372.) .... ¢) Will construction of your project expose 5 or more acres of soil? (This appties to the total amount of land disturbed, even if disturbance is distributed over more than one season, and also applies to areas that are part of a larger common plan of development.or sale.) ............................................................................................... d) Is your project an industrial, facility which will have stormwater discharge which is directly related to manufacturing, processing, or raw materials storage areas at an industrial plant? ......... If you answered yes to c) or d), your project may require an NPDES Stormwater permit. Contact EPA at 206-553-8399. Federal Aviation Administration (FAA) 5. a) Is your project located within five miles of any public airport? ....................................................... b) Will you have a waste discharge that is likely to decay within 5,000 feet of any public airport? .. 1'-! lf yes, please contact the Airports Division of the FAA at (907) 271.-5444. Revised 7122/03 Federal Energy Regulatory Commission (FERC) 6. a) Does the project include any of the following: 1) a non-federal hydroelectric project on any navigable body of water ......................................... 2) a location on federal land (including transmission lines) ......................................................... 3) utilization of surplus water from any federaI government dam ................................................ 12 b) Does the project include constmction and operation, or abandonment of natural gas pipeline facilities under sections (b) and (c) of the Federal Power Act (FPA)? ........................................... i-1 Page 7 m Yes c) Does the project include construction for physical interconnection of electric transmission facilities under section 202 (b) of the FPA? .................................................................................... El If you answered yes to any questions under number 6, have you applied for a permit from FEKC? ....................................................................................................................................... El Date of submittal: (Not~: For information, contact FERC, Office of Hydropow~r Licensing (202) 219-2668; Office of Pipeline Regulation ~202) 208-0700; Office of Electric Power Regulation (202} 208-1200.) U.S. Forest Service (USFS) ' 7. a) Does the proposed project involve construction on USFS land? .. · .................................... El b) Does the proposed project involve the crossing ofUSFS Iand with a water line? .......................... lEI If the answer to either question is yes, have you applied for a USFS permit or approval? ...... Date of submittal: , Have You applied for any other federal permits or authorizations? ................................ · .................. AGENCY' APPROVAL TYPE DATE SUBMIITED 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 information contained herein is true and complete to the best of my knowledge. I certify that the proposed activity complies with, and will be conducted in a manner consistent with, the Alaska Coastal Management' Program. ~ignat r . ' ......... '" - Date " ' ~ &- i- _ - - , ms--- ' .... -_-11 _ m.. mm II Note Federal agencies conductm~ an act~vl that will affect the co a n : '.~ ' 'ty .' · -' asr. i zo .e ar~.reqr~-ed.to Submit a~iter-~ consistency determination, per 15 CFK 930 Sub art C ramer than this , ' m ' ' ' 'l ' P' . ' · ' certification statement, I ' O"'" ' .... ' * *~- ' ' * ' ' ' ACMP has developed a ~uide to assist federal a enc~es w~ this re mr . g ...... q' 'ement. ,.,ontact ACMP to obtain a copy. . . ' ' This certification statement will not be complete until all required State and federal authorization requests have been submitted to the appropriate agencies. No. · , I To complete your packet, please attach your State permit applications and copies of your federal permit , applications to this questionnaire. Revised 7~22~03 Page 8 SITE PLAN: ELEVATION OR .SIDE VIEW i · , , : ' I ~ t I , i ........................ ' ! ............... ............................ ." ~ i .............. .............. ................................................ ' ~ ' ' ~t ' '1 ' · I ~ 't ' ~ I j ~ ~ ~ I jJ , . Ij ~ ' ; I i J Tj., j' ,,,5.!?: ............. i ........................... ' .......... l ............. "., ,! ; ,," r , l' , i j '_...LI , ~!~.' L.,-">:'" ............. J .............. ?j ,¥ ..............."~': il ............ ' ......... 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I ............... -., ............ ~ .............. ~ ........... , ............................. ............................ ~ .............. ~ ....................................................... ~¢=.,,.,..,.-..: ...................... , ............. · ........................... , .......... , ~ ,/~P, ~o~. ...................... ~ .............. I ......... 1 ............ : ............... ! .............. ........... ~ . , i , i :~"', 1 ~ .......... ....... ...... i .......... . ~ , , ,i ........... "~" ~ , , . ..' ..,,. :' ", ' l, I' ! ,~' ~',! , ," , : ........... .............. ~W ........ i ............... I ................ !' ......................... ~' ............ ~ ............. i ................ I ............. ' ................................ i ................ i .............. ! ............... ~ .............. i ............. , "" ......... .............. l .............. j ....... :..--! ............. : .............. , ............... i .............. ' .......................... ~ ............ ; ........... l..; ................................... i. ............ ... · : ~' F.¢~.e~ ..... ............................ I .............. ! ........... ! .............................. I ............. i .... i.. i! I i i [ i , Shaet '7 o,..~_._' Date: ~''~ /.~' -I i. J i t i ! i i : t I I Soale:onesquare= ...Z/, feet Additional Comments.or Descriptions: .._ .,,. I J SITE PLAN: 'i-OP V! W ..........J ! ...... i i ~ ~ ',,-. o .. i j ~ J Title Block Name: ~./~ ~y ,P'b.~'r'~.~. Sheet. I of 2. Date: .-(,, / ~ Scale: one square = ~" feet C E N T E FY: App. Start Date: Proj Name: Applicant: Contact Name: Location: Project Tracking Sheet Proieet Start:i ......................................................... Project ¢ompl~tod' t ....................................................... ;s2~:1 Subregn: l~k~ ......................................................... i Coast. Dist: ........... ~ .................................................... ~,, ............................. , ......... ~ ............ .._0,?..t...5_~0__0_.5_1 File Number: [_5.,8...2.,..4" ......................... ; Spec Area:i Tax Credit: ~ Parcel No' Riv. Mile t6'~'~-'§~'0""~'~' .......................................................... ~KENAI RIVER APMA#: CeE CeE Prat Expires CeE JD Expires: ............................................ , ;' ...................................... i : ........................... "1 Stream No: I Pmt Auth Typ [ ....................................................................................................................... I Lu.~P..~.D..~R~..A...N.~R~.E.~.N..~L.L.9~EP.."~.s..~~.F..~.~..~.~A.~..M~`.L..~..~..~..s..~' ............................................................................................................................................... i ....................... i .......................................... CC: I j COE-KFO: [~J CeE: U MINING LIST: Cost Share: [~ . TAX: [~-] CZM: ~ OPMP;r-] USFWS: L~ KNWR: ~ CeE: ~ COS: ~ ADF&G/SF: Al: Al Req Date: 1 ...................... J Al Rec Date: ~ .................................... # Days Review Susp OPMP' ID # Comments Due Revised Due Date Comm Sent Date Final Deter Rec'd Revr Pmt/Ref # Resp Due Revised Due Inspect Recm Recm Dat Auth Final Actiol~ / Date Expiry FP['¥'Zi' i..I [.ZZZZ;~ZZ] !.'.i.i.".'i';.;'.'. i.' ..i.. '.;._'."i ['"; ;'i'Z.i".T"ZZi'."/I ................................. .................. " , ~ .............. ...,~!, ..................... .............................. ,,, ~ ......................... .......................... ,~I'-'-- · -"'"'" "1 ,.._...._..'_......__.'.'..., ~~ .................................... ............................................. ~ ,[ ' ...................................... ............................................ '~ ............. ~ ............................................... t~ ..... 0~'~~'i~ ...................... ~: ......................... : .... ~ .................... ~:'~:"'~'~ "'.'.'.'7~ i'.Z.";,'i.'i.,;,'.~i.' Parksl, ........................ , ..................................................... ,[ ............................. , .................................... ~, ................... ~[ ................. i: ......................... : ~ ~" ....~ OHMP LL.'.._M_ __' t! j l 07/15/20051[ OHMP Amend: ~.i]~i].] CC Emailed: ACMP: __ IPR) Individual Project Review (consistency review) _ IPRA) No Consistency Review, amends permit i~s.ed under IP _ CC) Categorically Oonslstent __ GC) General Concurrence _ N^) Not Applicable (none of lhe above) -..._BS) Bank Stabilization/River Training ._BR) Bed/Bank Restoration .._BI) Bridge Install/Maint/Rernoval ._BL) Boat Launch .._Cl) Culvert InstalllMaintJRemoval ._.DF) Dock/Floating .__DG) Dredging __DI) Dam/Impoundment .._DP) Dock/Pile ~DR) Debris Removal ._DV) Dlversion/Reallgment ._.ES) Explosives/Seismic __FE) Fish/Wildlife Management · .._FM) Fisheries Management __HA) Hazing _..LU) Land Use ._ME) Material Extraction _.OF) Outfall Structure .._OS) Oil Spill Training/Response __eT) Other __PC) Placer/Commercial ._PR) Placer/Recreational __UL) Utility Line ~VF) Vehicle/Equip Ford ._..WB} Walkway/Boardwa lk/~tairs ._WE) Walkway/ELP/Stairs ._WW) Water withdrawl/IntakeStructure 1' Recm. Comments Only __ IRA) Rec Approval .._. RD) Rec Denial ...._ GC) General Comments , NR) Not Reviewed ..._ WD) Withdrawn/closed 1' Final Action __ D) Denied __ I) Issued ._ NR) Not Req'd __ WD) Withdrawn by applicant _. O) Other Authorities (Auth) OHMP ~ 840) Fish Passage __ 870) Anad. Water __ 890) Emergency FP __040) KPB. HP __ 070) Allowable __ 080) C.U,P. __ 090) Prior Existing __ 040) Tax Credit cZ) ~> 0 0 .. 444.~' ,0 J 0 0 << I · . . Z Document Name' PUBS CT0003173UN! 5050506 1 2006 Public Information ............. Primary Owner FOSTER STEVE & 3ACK & GARY PO BOX 303 SOLDOTNA, AK 99669-0303 -General In ~ormation Tax Code Area 30 KENAI Last Inspected'01/05 BASEMAP' KR06 Transferred 07/87 QUIT CLAIM DEED Bk/Pg 0314/0116 Doc No Structures 5 1 CABIN 2 CABIN Parcel049390'39 6 TakeMeAway Legal Description 1005 ANGLER DR T05N RllW Sll KN0840235 ANGLERS ACRES SUB - PART 4 LOT I Appr/Book 049 Acres Blt Area Sq. Feet 1998 BASE 289 .... PORCH · OPEN .WOOD WITH · 119 PORCH OPEN WOOD WITH 24 1998 BASE 289 -Certified Appraisal Values 1,50 Roll ~4AIN MAIN 0 MAIN 0 MAIN 0 Year Land Improvement Spec Feat Appraisal Taxabl 2005' 116,800 41,900 5,800 164,500 164,500 2004 104,500 38,400 6,400 149,300 149,30 2003 82,500 17,000 · 12,800 112,300 112,30. 2002 82,500 11,900 12,800 107;200 107,20 Parcel has note types=B. Date' 6/16/2005 Time' 4'10'49 PM RECEIVED 2005 KENA! RIVER CENTER Multi-Agency Permit Appli.cation C E N T E It NOTE- YOU MIGHT BE CONTACTED BY AN AGENCY REQUESTING FURTHER INFORMATION ON YOUR APPLICATION. A¢¢licant Information: _ _ Name: ~ ,~.12.-Y Mailing Address:_ City, State, Zip: K~l~A l,, Phone (home/work):: ~-7~57 Cell Phone: .RS, R - Please complete the following: Parcel Information:.. Lot: J Block~ Subdivision River/Stream Name: l~_~flt=~' ~.~ River Mile · Right J8[ or Left [--I bank? (Looking down-s .tream) KPB Parcel #: 1) The project is located within the city limits of: Soldotna UI Kenai~ Neither FI 2) This project is located within Moose Range Meadows Subdivision, within the KNWK? Yes F1 No Ifyes, is the project within one or both of: - the variable non-development easement? Yes [3 No F1 Not Sure[Z] - the 25-foot public us~ easement? Yes UI No [3 Not Sure[3 3) The project is located within 50-feet of the ordinary high water (OHW) or mean high water (MHW) of an anadromous stream? Yes ~ No El Not sure where OHW or MHW line is [2] 4) Does any portion of the project cantilever or extend .over the OHW or MHW of the stream? Yes ]~x No [3 Not sure where OHW or MHW line is F1 5) Does any portion of the project extend below the OHW or MHW line of the stream? Yes [8( No Fl Not sure where OHW or MHW line is [-1 6) Does this project replace a prior existing structure? Yes j~ No 7) Will material be extracted or dredged from the floodplain or river bed? Yes If yes, what type? 8) Will material (including spoils, debris, Or overburden) be deposited in the floodplain or river? Yes, temporarily [3 How long? Yes, permanently [2 If yes, what type of material is it? Where in the stream will the material be deposited?. Mr/4 9a) List all motorized equipment to be used on this project: _ M/It Amount: 9b) What motorized equipment will be used below OHW or MI-IW? KRC: PAGE 1 06/02/03 MUlti-Agency Permit Application Page 2 9c) .Length of time motorized equipment will be used below OHW? ~/)q .. 9d) Length of time motorized equipment will be used above OHW? ~//~ ,, I0) Directions to the site: ~,~a0~;~-_LOOP..TO. ~_nit~~ D~..~l~t~-3/~cl) LoT ! ~C.,~t-~ . ............................................................. 11) Surface area in acres of wetlands or other waters filled: 12) Is any portion of the work already complete? Yes ?"' No . If Yes, describe the completed work: _~~ t~ 13) Ad~esses of Adjo~g ~ope~y O~e~, ~ssee~ em., whose prope~y ~joins. ~e waterbody ~f more ,h~n ~ be entered he~e, please amcha supplemen~.~s0. /,c,, ~ONAT~R~E OF APPLICANT DATE II~1 ___ II III ._. ---- ' _ ...... ' .... ....... _ - ...... _ . ' ...._... ' iiii__ . il Il Ill ,llll, I STATEMENT OF AUTHORIZATION I hereby authorize, to act in my behalf as my agent in the processing of this application and to furnish, upon request, hffonuafion in support of tiffs permit application. Application is hereby made for a permit or permits to authorize fl~e work descn'bed in fl~is application. I certify that flae information in application is complete and accurate. I further certify tlmt I possess the aufl~ority to undertake the work described herein or am acting as the duly auflm .rized agent'0f the applicant. .. · 18 U.S.C. Section I001 provides tlmt: Whoever, in any manner witlzha fl~e jurisdiction of any department or agency of rite United States knowingly and willfully falsifies, conceals, or covers up any trick, scheme, or disguises a material fact or makes any false, fictitious or fxaudulent statements or representations or makes or uses any false Writing or doctunent knowing same to contain any false, fictitious or fraudulent statements or ento,, slmll be freed not more than $ I0,000 or imprisoned not more tlmu five years or both. -. i i IIllll . ' -- ___ _' .... _ ........ - .._' ...... _ ..... ' ...... _ ..... ' -- '11 ...... Illllllllllllllll ........ ' ............ KRC: PAGE 2 06102/03 t : Please answer ail questions. To avoid a delay in processing, please call the department if you answer.',yes" to anyof .the questions related to that department. Maps and plan drawings must be include~i with your packet. ,,In incomplete packet will be returned 1 APPLICANT INFORMATION Name of Appli~nt ...... [5 o~, ~____~o5' ._ Address ~~~ .... ~... City/State / Daytime Phone Fax Number Zip Code .,~',,q,- ~qt>a __ , E-mail Address m Agent (or responsible party if other than applicant) Address City/State Stat~ Zip Code Zip Code Daytime Phone Number E-mail Address 1 PROJ~ECT INFORMATION Yes 1. This activity is a: F1 new project .~modification or addition to an existing project If a modification, do you currently have any State, federal or Iocal approvaIs related to this activity?., ............................................................................................ Note: Approval means any form of authorization. If "yes," please Iist below: .......................... .. Approval Type Approval # Issuance Date Expiration Date · ~_~. '~e~. ~. ,r _~:-~.rrt No '"2. If a modification, has this project ever been reviewed by the State of Alaska under the ACMP? ........ 12 ' Previous State I.D. Number: AK Previous Project Name: I PROJECT DESC~TION 1. Provide a brief description of your entire project and ALL associated facilities and land use conversions. Attach additional sheet(s) as needed. ' . ~ . Proposed starting date for project: Proposed ending date for project: 2. Attach the following: · a detailed description of the project, ail associated facilities, and land use conversions, · etc. CBe specific, including access roads, caretaker facilities, waste disposal sites, etc.); .~ a project timeline for completion of all major activities in the proposal; · a site ¢1~ depicting property boundary with all proposed actions; · other ~Upporting documentation that would facilitate review of the project. Note: If the project is a modification, identify existing facilities as well as proposed changes on the site plan. Revised 7122/03 Page 1 ~ P~OJECT LOCATION le Attach a copy of the topographical and vicinity map clearly indicating the location of the project. Please include a map title and scale.. .. e The project is located in which region (see attached map): EI Northern E! Southeentral El Southeast E1 within or associated with the Trane~Alaska Pipeline corridor ' Location of project (Include the name of' the nearest land feature or body of water.). Township..__~_ Range~ Section~ Mefidiaa~ Latitude/Longitude, USGS Quad Map.~ 4, Is the project located in a coastal district? Yes lEI No ri. If yes, identify: ...... "~' (Coastal districts are a municipality or borough, home rule or first class city, second clas~ with planning, or -co-ast~l resourc~ service area.) Note: A coastal dtstrict is a participant in the State's consistency review process. It is possible for the State r, vtaw to b'e adf~i'ed to accommoda'te a Iocal permittingpublic hearing Early interaction with the district is important; please contact the district representative listed on the attached contact list. ., 5. Identify the communities closest to your project location: ' ... ." .:" The project is on: El State land or water*. E! Federal'land-",.Fi Private"lanrf: ' '~-. El Municipal land El Mental Health Trust land *State land can be uplands, tidelands, or submerged lands to 3 miles offshore. See Question #1 in DNR section. Contact the applicable landowner(s) to obtain necessary authorizations. · I)m, xa k .. NT o, CONSt;RVATXON PROV S ~ ' ' Y~s No 1. Will a disch~ge of wastewater ~om indus~al or commerciM operations occur7 ............................... U ' . 21 ' ' '1 , ~ Will ~e disch~ge be co, coted to ~ already approved sewer system? .... ...'~ ....'" ~ ' ' ' ~ '"' ~ Will ~e project include a sto~water c0tlectioffdisch~ge system? ..................................................... ~ . Do you intend to construct, install, modify, or use. any part of a wastewater (sewage , or greywater) disposal system? ' ' a) Ifso,'will the discharge be 500 gallons per day or greater? ............................................................ El ,~i~' b) If constructing a domestic wastewater treatment or disposal system, will the system bo loca.t_gd within fill material requiring a CeE permit? ...................................................... ,~f you answered yes to a) or b), answer the following; 1). What is the distance from the bottom' of the system to the top of the subsurface water table?. ~/A t . :~¥':':~ .':'< ,". '" 2) How far is any part. of the: wastewater~hsposal sy~t'6lU .fr0/n/h~ nearest ~ii~-fa~ Wa~e~:'~" ]~/rt, . 3) Is the surrounding 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? .... (Questions 1 & 2 will be used by DEC to determine whether separation distances are hieing met; Questions $ & 4 relat, to the required $tze af the fill Orwetlands are involved.) , Do you expect to request a mixing zone for your proposed project? ........ ~..r,/~ ................................. fl. (If your wastewat~r discharge will exceed Alaska water quality standards, you may apply for a mixing zone. If so, please contact DEC to discuss information required under 18 XAC 70.032.) Revised 7/22/03 Page 2 o Yes a) Will your project result in the construction, operation, or closure of a facility for the disposal of solid waste? ................................................................................................................... E] (Note: Solid waste means drilling wastes, household garbage, refuse, sludge, construction or demolition ~aste~, industrial solid waste, asbestos, and other discarded, abandoned, or unwanted solid or semi. solid material, whether or not subject to decomposition, originating from any source. Disposal means placement of solM waste on land.) b) Will your project resul~ in the treatment of solid waste at ~he site? ............................................... (Examples of treatment methods include, but are not limited to: incineration, open burning, baling, and composting.} ' c) Will your project result in the Storage or transfer of' $oIid waste at the s~te? ................................. d) Will the project result in the storage of more than 50 tons of materials for reuse, recycling, or resource recovery? ...................................................................................................................... I"] e) Will any sewage solids or biosolids be disposed of or land-applied to the site? ........................... (Sewage solids include wastes that have been removed.from a wastewater treatment plant system, xuch as a ,reptic tank, lagoon dredge, or ~vastewater treatment sludge that contain no free liquids. ~iosolids are the solid, semi-solid, or liquM residues produced during the treatment of domestic xeptage in a treatment works ~. hlch are land applied for beneficial use.) , Will your project require the application of oil, pesticides, and/or any other broadcast chemicals? ............................................................................................................................................ lEI a) Will you have a facili.ty with industrial processes that are designed to process no less than five tons per hour and needs air pollution controls to comply with State emission standards? ........................................................................................................................ lEI b) Will you have stationary or transportable fuel burning equipment, including flares, with a total fuel consumption capacity no less than 50 million Btu&our? .................................... 12 c) Will you have a facility with incinerators having a total charging capacity of no less than 1,000 pounds per hour? .......................................................................................................... El d) Will you have a facility with equipment or p~ocesses that are subject to Federal New Source Performance Standards or National Emission Standards for hazardous air pollutants? ... 12--I /) Will you propose exhaust stack injection? ................................ ............................................ e) Will you have a facility with the potential to emit no less than 100 tons per year of any regulated air contaminant? ........................................................................................................... f) WilI you have a facility with the potential to emit no less than I 0 tons per year of any hazardous air contaminant or 25 tons per year of all hazardous air contaminants? ...................... El g) Will you construct or add stationary or transportable fuel burning equipment of no less than 10 million Btu/lmur in the City of Unalaska or the City of St. Paul? .................................... El h) Will you construct or modify in the Port of Anchorage a volatile liquid storage t~k with a volume no less than 9,000 barrels, or a volatile liquid Ioading rack with a design throughput no less than 15 million gallons? ............................ · ............................................... i)' Will you be requesting operational or physical limits designed to reduce emissions from an existing facility in an air quality nonattainment area to offset an emission increase from ~other new of modified facility? ......................................................................................... El · . 7. Will you be developing, constructing, installing, or altering a public, water system? ........................... 12 b) 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 transfer of oil or other petroleum products to or from such a vessel or a pipeline system? .............................................. Will your project require or include onshore or offshore oil facilities with an effective aggregate storage capacity of greater than 5,000 barrels of crude oil or greater than 10,000 barrels of non-crude oil? ............................................................................ No Revised 7/22/03 Page 3 " c) Will you be operating facilities on the land or water for the exploration or production of hydrocarbons.* ........ · ....................................................................................................... If you answered "NO" to ALL questions in this section, continue to next section. If you answered "YES" to AN~ of these questions, contact the DEC office neareat you for information and ' . application forms. Please be advised that all new DEC permit~ and approvah reqnire a 30-day pnbli¢ notice period. DEC Pe~tidde permits take effect no sooner than 40 days after the permit i~ is,~ued. % Based on your discussion with DEC, please, complete the following: Types of project approvals or permits needed Date application submitted 9. Does your project qualify for a general permit for wastewater or solid waste? .................................... lEI Note: A general permit i~ an approval ffsued by DEC for c~rtain types of routin~ activities. If you answered "YES" t° any questions in this section and are not applying for DEC permits, indicate reason: .;..:i-i .... (DEC Contact) told me on _ _ ,. that no DEC approvals are required ' on' this pr;]eet because ' i-] Other: DEPARTMENT OF FISH AND GAME (DFG) APPROVES · .. yes No .,. . t. ts your project located in a designated State Game Refuge, Gritical Habitat Area or ... State Game Sanctuary7 ..................................................................................... · ....... , ........................ El ~ .. 2. Does your project include the construction/operation of a salmon hatchery?... · ............ El ~gr' · · ' 3. Does your project affect, or is it related to, a previously permitted salmon hatchery?.~ ..........El ~ · :'4. Does your project include the construction of an aquatic farm? .............................. · .. . ........... E] ~ If you answered "NO" to ALL questions in this section, continue to next section. .If you answered."yeSl' to ANY questions under I-4, contact the DFG Commercial Fisheries Division headquarters for information and application forms : ' Based on your discussion wi~ DFG, please compIete the following: Types of project approv.'ts or perm/ts needed · Date application ~ubmitted · If you answered "YES" to any questions in this section and are not applying for DFG permits, indicate reason: (DFG contact) told me on that no DFG approvals are required on this p'~oject because .......... " 12 Other: ...' · Revised 7/22/03 Page 4 · "DEPART~~ OF NATLrRA-L RESOURCES (D~) APPROVALS 1. Is the proposed project on State-owned land or water or wilt you need to cross State-owned land for access? ("Access" includes l~mpor~ry access for construction purposes. ~o~: In addition ~o Staff-owned upla~d~ ...... the Slate own.~ almost all land below the ordinary high water line of navigable ~treams, rivers and lakes, and below the mean high tide tine sem~ard for three, mileO. ........................................................................................................ a) Is this project for a commercial activity? ........................................................................................ 2~ Is the project on Alaska Mental Health Trust land (AMHT) or will you need to cross AMHT land? Note: Alaska Mental Health Trust land ix not considered State land for the purpose of ACMP reviews .................................. . Do you plan to dredge or otherwise excavate/remove materials on State-owned land? ....................... Location of dredging site if different than the project site: Township .......... Range~ Section~ Meridian~ USGS Quad Map 4~ Do you plan to place fill or dredged material on State-owned land? ..................................................... F] Location of fill disposal site if other tlmn the project site: ......... Township__. __ Range~____ S~etion~ Meridian ..... uSGS QuadMa~, Source is on: ~ State Land [2 Federal Land ~ Private Land [2 Municipal Land Do you plan to use any of the following State-owned resources: .......................................................... El Timber: Will you be harvesting timber? Amount: .. ... El Materials such as rock, sand or gravel, peat, soil, overburden, etc. '. .............................................. Which material? Amount: ..... Location of source: F1 Project site El Other, describe: .. Township , ~ Range_.._.._..___ Seetion~ Meridian ..... USGS Quad Map . Are you planning to divert, impound, withdraw, or use any fresh water, except from an existing public water system or roof rain catchment system (regardless of land ownership)? ........................... I-'l Amount (maximum daily, not average, in gallons per day): .. · Source: Intended Use:~ . If yes, wi-il your project'affect the availability of water to anyone holding water rights to that water? I-3 7. Will you be building or altering a dam (regardless of land ownership)? ............................................... i-I . 8. Do you plan to drill a geothermal well (regardless of land ownership)? ............................ ' .......... El 9. At any one site (regardless of land ownership), do you plan to do any of the following? .................... .[3 12 Mine five or more acres over a year's time !'3 Mine 50,000 cubic yards or more of materials (rock, sand or gravel, soil, peat, overburden, etc.) over a years time ~ Have a cumulative unreclaimed mined area of five or more acres If yes to any of the above, contact DNR about a reclamation plan. If you plan to mine less tl~an the acreage/amount stated above and have a cumulative unre¢laimed mined area of iess than five acres, do you intend to file a voluntary reclamation plan.for approval? .. El I 0. Will you be exploring for or extracting coal? ..................................................................... ' El 11. a) Will you be exploring for or producing oil and gas7 ......................................................................... F1 b) Will.you be conducting surface use activities on an oil and gas lease or within an oil and gas unit?Fl 12, Will you be investigating, removing, or impacting historical or archaeological or paleontological resources (anything over 50 years old) on State-owned land? ............................................................... El No Revised 7/22/05 Page 13. Is the proposed project located Within a known geophysical hazard area? ........................................... lEI Note: 6 AMC 80.900(9) defne~ geophysical hazard area~ as "thos~ areas which present a threat to life or property from geophysical or geological hazard~, includingfloodit~g, tsunamt run~up, ~torm surge run.up, landslides,, snowslides, faults, ice hazard& erosion, and littoral beach procsss." '7cnown g~ophysical hazard area~ means any area ident~ed in a report map published by a federalo $.tate, or local agency, Or by. a 'geological or engineering consulting.firm, or generally known by' local knowledge, as having known or potential hazards from geologic, ~eismic, or hydro[ogfc proces$e& ..~ 14. Is tho"proposed project located in a unit of the Alaska State Park System? ............................ . ......... I-I 15. Will you be working in, removing water 'or material from, or placing anything in, a stream, fiver or lake? fries includes (vork'or activities below the ordinary hilok water mark o~: on icc, in the active flood plsin, on islands, in or on the fac~ of thc banks., or, for streams entering or flowing through tidelands, above the level of mean lower Iow tide.) Not~: If the proposed project is located ~uithin a special flood hazard area, a floodplain development permit may be required. Contact the affected city or borough planning department for additional information and a fioodplain determination.) .... ...... .....[-] Name of waterbody: i6. Will you do anyofthe following: ................ Please indicate below: El Build a dam, river training structure, bther instream impoundment, or weir IZl Use the water El Pump water into or out of stream or lake (including dry channels) I"l Divert or alter the natural slream channel El Change the water flow or the stream Channel 12 Introduce silt, grovel, rock, petroleum products, debris, brush, trees, chemicals, or other organic/inorganic material, .including waste of any type, into the water El Alter, stabilize or restore the banks of a river; stream or lake (provide number of linear, feet affected along the bank(s) El Mine, dig in, o~: remove material, i~ncluding woody debris, from the beds or. banks of a waterbody E! Use explosives in or near a waterbody l"1 Build a bridge (including an ice bridge) ~. Use the si'ream, lake or waterbody as a road (even when frozen), or cross the stream with .tracked or wheeled vehicles, log-dragging or excavation equipment (backhoes, bulldozers, 'etc.) · El Install a culvert or other drainage structure El Construct, place,' excavate,' dispose or remove any material below the ordinary high water of a waterbody .. [2 Construct a storm water discharge or drain into the. waterbody · El Place pilings or anchors El Construct a dock .lEt Construct a utility line crossing I-'I Maintain or repai.r an existing.struct~e E! Use an instream in-water structure not mentioned here ' If you answered "No". tO .ALL questions in this section, continue to next section. · ; If you answered "Yes!.Qo ANY questions under 1-16, contact the Area DNR, office for.information, and application forms. .. Based on' your discussion.~Vith DNI!.:, please complete the following: Types of project approvals Or permits needed , Dat~ application submitted · ., · .. . , If you answered "YES" to any questions in this section and are not applying for DNR permits, indicate '.. reason: · . El ............ (D~ contact) told me on ................ that no DNR approvals are required on this project because ..... Revised 7~22~03 Page 6 ~ FEDERA~ APPROVALS Yes U.S. Army Corps of Engineers (COE) 1. 'Will you be dredging or placing structures or fills in any of the following: tidal (ocean) waters? streams? lakes? wetlands*? ................................................................................. If yes, have you applied for a COE permit? .................................................................................... Date of submittal: (NOte: Your application for this activity to the COE al~O serves as application for DEC ~ater Quality Certification.) ' *If you are not certain whether your proposed project is in a wetlands (wetlands include muskegs), contact the COE, Regulato~. ~ranch at (907) 753-2720 for a wetlands determination (outside the/tnchorage area call toll free 1-800-478-2712). Bureau of Land Management (BLM) 2. Is the proposed pro, eot located on BLM Iand, or will you need to cross BLM land for access? .......... If Yes, have you applied for a BLM permit or approval? ................................................................ Date of submittaI: NO U.S. Coast Guard (USCG) 3. a) Will you be constructing a bridge or causeway over tidal (ocean) waters, or navigable rivers, streams or lakes? .............................................................................................................................. El b) Does your project involve building an access to an island? ............................................................ ¢) Will you be siting, constructing, 'or operating a deepwater port? .................................................... I-'! If yes, have you applied for a USCG permit? ........................................................................... r-I Date of submittal: U.S. Environmental Protection Agency ('EPA) 4. · a) Will the proposed project have a discharge to any waters? .... .................................................... b) Will you be disposing of.sewage sludge (contact EPA at 206-553-1941)? .................................... 'If you answered yes to a) or b), have you applied for an EPA National Pollution Discharge Elimination System (NPDES) permit? ...................................................................................... r"l Date of submittal- (Note: For information regarding the need for an NPDES permit, contact EP/I at (800) 424-4372.) .... ¢) Will construction of your project expose 5 or more acres of soil? (This appties to the total amount of land disturbed, even if disturbance is distributed over more than one season, and also applies to areas that are part of a larger common plan of development.or sale.) ............................................................................................... d) Is your project an industrial, facility which will have stormwater discharge which is directly related to manufacturing, processing, or raw materials storage areas at an industrial plant? ......... If you answered yes to c) or d), your project may require an NPDES Stormwater permit. Contact EPA at 206-553-8399. Federal Aviation Administration (FAA) 5. a) Is your project located within five miles of any public airport? ....................................................... b) Will you have a waste discharge that is likely to decay within 5,000 feet of any public airport? .. 1'-! lf yes, please contact the Airports Division of the FAA at (907) 271.-5444. Revised 7122/03 Federal Energy Regulatory Commission (FERC) 6. a) Does the project include any of the following: 1) a non-federal hydroelectric project on any navigable body of water ......................................... 2) a location on federal land (including transmission lines) ......................................................... 3) utilization of surplus water from any federaI government dam ................................................ 12 b) Does the project include constmction and operation, or abandonment of natural gas pipeline facilities under sections (b) and (c) of the Federal Power Act (FPA)? ........................................... i-1 Page 7 m Yes c) Does the project include construction for physical interconnection of electric transmission facilities under section 202 (b) of the FPA? .................................................................................... El If you answered yes to any questions under number 6, have you applied for a permit from FEKC? ....................................................................................................................................... El Date of submittal: (Not~: For information, contact FERC, Office of Hydropow~r Licensing (202) 219-2668; Office of Pipeline Regulation ~202) 208-0700; Office of Electric Power Regulation (202} 208-1200.) U.S. Forest Service (USFS) ' 7. a) Does the proposed project involve construction on USFS land? .. · .................................... El b) Does the proposed project involve the crossing ofUSFS Iand with a water line? .......................... lEI If the answer to either question is yes, have you applied for a USFS permit or approval? ...... Date of submittal: , Have You applied for any other federal permits or authorizations? ................................ · .................. AGENCY' APPROVAL TYPE DATE SUBMIITED 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 information contained herein is true and complete to the best of my knowledge. I certify that the proposed activity complies with, and will be conducted in a manner consistent with, the Alaska Coastal Management' Program. ~ignat r . ' ......... '" - Date " ' ~ &- i- _ - - , ms--- ' .... -_-11 _ m.. mm II Note Federal agencies conductm~ an act~vl that will affect the co a n : '.~ ' 'ty .' · -' asr. i zo .e ar~.reqr~-ed.to Submit a~iter-~ consistency determination, per 15 CFK 930 Sub art C ramer than this , ' m ' ' ' 'l ' P' . ' · ' certification statement, I ' O"'" ' .... ' * *~- ' ' * ' ' ' ACMP has developed a ~uide to assist federal a enc~es w~ this re mr . g ...... q' 'ement. ,.,ontact ACMP to obtain a copy. . . ' ' This certification statement will not be complete until all required State and federal authorization requests have been submitted to the appropriate agencies. No. · , I To complete your packet, please attach your State permit applications and copies of your federal permit , applications to this questionnaire. Revised 7~22~03 Page 8 SITE PLAN: ELEVATION OR .SIDE VIEW i · , , : ' I ~ t I , i ........................ ' ! ............... ............................ ." ~ i .............. .............. ................................................ ' ~ ' ' ~t ' '1 ' · I ~ 't ' ~ I j ~ ~ ~ I jJ , . Ij ~ ' ; I i J Tj., j' ,,,5.!?: ............. i ........................... ' .......... l ............. "., ,! ; ,," r , l' , i j '_...LI , ~!~.' L.,-">:'" ............. J .............. ?j ,¥ ..............."~': il ............ ' ......... 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' .......................... ~ ............ ; ........... l..; ................................... i. ............ ... · : ~' F.¢~.e~ ..... ............................ I .............. ! ........... ! .............................. I ............. i .... i.. i! I i i [ i , Shaet '7 o,..~_._' Date: ~''~ /.~' -I i. J i t i ! i i : t I I Soale:onesquare= ...Z/, feet Additional Comments.or Descriptions: .._ .,,. I J SITE PLAN: 'i-OP V! W ..........J ! ...... i i ~ ~ ',,-. o .. i j ~ J Title Block Name: ~./~ ~y ,P'b.~'r'~.~. Sheet. I of 2. Date: .-(,, / ~ Scale: one square = ~" feet US Ar~ Corps . of ~n~in~s Alaska District Regulatory 'Branch (1145b) 805 Frontage ROad Suite 200C Kenai, Alaska 99611-7755 Public Notice of Application for Pe rm.,.it PUBLIC NOTICE DATE- EXPIRATION DATE- REFERENCE NUMBER. WATERWAY NUMBER- 15 June 2005 15 July 2005 POA' 1983-221-R Kenai River 113 · 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 attached plan. APPLICANT. City of Kenai, 210 Fidalgo Ave.,. Suite 200, Kenai, Alaska 99611-7794 LOCATION- NEb NE~ NWh Section 9, T. 5 N., R. 11 W., Seward Meridian;' latitude 60.5449° N., longitude 151.2216° W. WORK- Dredge 780 cubic yards (cy) of silt and gravel from a 9,100 square foot area below Mean High Water (MHW), and discharge 175 cy of concrete planks, 340 cy of type II gravel, 60 cy of 1"-3" river rock, and 8.6 cY of timber in a 9,2-00 square foot area below High Tide Line (HTL) for the construction of two 16' x 226' concrete boat launch ramps in the Kenai River; construct a 8' x 220' wood-framed floating dock secured by six 12" diameter galvanized steel .piles, .each 34' apart. The project would result in two new 16' x 226' boat launch ramps and an 8' x 220' floating dock, a total of four launch lanes and two floating docks at the City of Kenai public boat launch facility. PURPOSE. To expand boat launching capability at the existing City of Kenai Public Boating Facility to improve recreational access to the Kenai River. ADDITIONAL INFORMATION- Each proposed boat launch ramp Would be constructed of 16' x 23" x 8" concrete planks over 12" of gravel fill, 8" of smooth river rock (1"-3" diameter), geotextile separation fabric and timber sills. . . The dredged material would be temporarily stored at an on-site upland location, . and permanently disposed of at an off-site upland'location to be determined by the selected contractor. Ail work below HTL and MHW" would be undertaken only at low tide when the area is de-watered. ' The t).~pes of eauipment used for the construction would range from small machinery, such as Bobcats, to large excavators a~d.doz~rs. .Loaders and end dump trucks ~tould be used to load and haul material. ~~.tional work proposed at the City of Kenai Public Boating Facility would C'~l~de paving 14,600 ft. of the current and sq. gravel parking pullout area with ~ha~lt, and 1,600 sq. ft. with concrete pavers. MITIGATION: No specific mitigation measures to reduce impacts to the aquatic environment have been proposed by the applicant~,- ............. -WATER QUALITY CERTIFICATION:· A permit for the described work Will not ~be' issued Until a certification-or Waiver of certification as required ~under Section 401 of the ~Clean Water Act~ (Public Law 95-217), has been received frOm the Alaska Department of Environmental Conservation. 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 HEARING: 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, reasons for holding a public hearing. CULTURAL RESOURCES: The latest published version of the Alaska Heritage Resources Survey (AHRS) has 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. A single property, designated KEN-00217, was identified approximately 0.5 mile north. However, this property is outside of the project area. No further action is required. 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 SHPO 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. ENDANGERED SPECIES: The project area is not within the known or historic range of any listed threatened or endangered species, or any species currently proposed for listing. The project area is not in designated critical habitat for any threatened or endangered species, or any proposed critical habitat. Consequently, we have preliminarily determined that the described activity would not affect threatened or endangered species, or their designated Critical habitat 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. ESSENTIAL'FISH HABITAT: The proposed work is being evaluated for possible effects to Essential Fish Habitat (EFH) pursuant to the Magnuson Sfevens 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). The project would occur in and adjacent to EFH for the following species: Pacific cod (Gadus macrocephalus) , Sculpin (Cottidae ssp.) , walleye pollock (Theragra calcogramma) ~.DuveniXe and adult/, Chinook salmon (Onccrk3anc~us usha~tscka), coho salmon (O. kisutch), sockeye salmon (O. nerka), piDk sa%men (O. gorbuscha), and chu~ salmon (0. keta). We have preliminarily determined that the described activity within the proposed area would not adversely affect EFH, 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 care.ful 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 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 concerns, wetlands, cultural values, fish and wildlife values, flood hazards, 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 involving 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 sentence and any other applicable guidelines or criteria (see Sections 320.2 and 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 solicitin9 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 need 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. Robin Leighty 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)' (X) Discharge dredged or fill material into waters of the United States - Section 404 Clean Water Act (33 U.S.C. '1344). Therefore, our public interest review will consider the guidelines set forth under Section 404(b) of the Clean Water Act (40 CFR 230). A plan, Notice of ApPlication for Certification Of Consistency with the Alaska. Coastal Management Program, and Notice. of Al~plication for State Water Quality Certification are attached to this Public Notice. Attachments ..... District Engineer U.S..Army, Corps of Engineers IF F~O~ END DOCK J ~ ~L~ LOW W~TER LINE M.H.W. -- FILL BELOW H.T.L. __.J LOCATION · 583 CY MEAN HIGH WATER LINE M.H.W. = +19.1 EXISITNG LAUNCH 'RAMPS AND DOCK.. ~ EXISlTNG.GRAVEL AREA '.TO BE.' PAVED . ~ IIIIIII IIIIIII L'L__J n TI-I' n IIIIIII iiiiiii . EXISTING. LANDsCAPiNG AND-SEPTIC SYSTEM BOAT LAUNCH RD. SHOULDER OF EXISTING FILL ExIsTING SILT STocKpILE FROM 'MAINTENANCE. ' '.." DREDGING ..POA-. !. 983,221.-P .--~: .. 'i/'-- ........''j' -~ ~.. " .. .... . . . · . · 'EXisTING tRAILER J J. 'PARKING . · -. · · · . · · · .. · · RESTRoOM'' STRUCTURE, · . EXISTING CITY OF KENAI PUBLIC 'DOCK CORP PERMIT POA-1983-221-M .?.k, kC3/%~%.~.' / j~j~ SHOULDER OF EXISTING FiLL / /'~ F CORP PERMIT POA-.221-N %'~ EXISTING GABION-'/ J~ I. ' ' SLOPE EROSION ,~q)tS / PROTEC % ~__ TOE OF EXISTiNg ~ ~ \ FILL OVERALL SITE PLAN SCALE' 1"= 1 OO' E2EMS/FLN ~ DESCRIPTION: KEN/il BOAT LAUNCH IMPROVEMENTS POA-1983-ZZ 1-R , KENAI RIVER 113 WATERBODY: KENAl RIVER RIVER MILE: Ii LOCAL OOVI': CIT~ OF KENAI APPLICANT: CITY OF KENAI AGENT: WM. J. NELSON & ASSOCIATES SHEET: I OF 4 DATE:05/24/05 TIDAL !NFOR~AI!ON , [XTTtD[ W~TER L_rVS. (E.W.L) 26.5 FT' ~ ~[R 14GH WATE~ (Id.H.FLW~ 1~6 FT ~ HIGH ~11~ '(~.~L,W)' 19.13 FT MEAN 110[ LrVEL ~ .F.L)- 10.38 FT MEAN SEA LEVEL ~['~. 10.35 FT IdEN4 LOW WA11~ . 1.64 FT Em'RBE ~ WA't~ -6.00 Fr GRAPHIC 'SCALE 0 20 40 80 ( XN FEET ) 1 inch = 40 fL Z / / 2:1 LAUNCH RAMP PLAN 160 BOAT lAUNCH RD. I I .. I I I I EXISllNG P~ LOT M:'ROYI~IEN1S PE~ COIb~ PERMff POA-1983-221-N DESCRIPTION: KENAI BOAT LAUNCH IMPROVEMENTS POA-1983*22 I-R KENAI RIVER 113 WATERBODY: KENAI RIVER RIVER MILE: l* LOCAL GOVT: CITY OF KENAI APPLICANT: CITY OF KENAI AGENT: WM. J. NELSON & ASSOCIA'I~.~ SHEET: 2 OF 4 DATE:OS~Z4/05 BOAT LAUNCH RD. 0 Z DESCRIPTION: KENAI BOAT LAUNCH IMPROVEMEN'I~ POAo1983-221.R KENAI RIVER 113 WATERBODY: KENAI RIVER RIVER MILE: 1~ L~ GOVT: CITY OF KENAI APPLICANT: CITY OF KENAI AGENT: WM. J. NELSON & ASSOCIATES SHEET: 3 OF 4 DATE:05/24/05 . BOAT LAUNCH RI). DESCRIPTION: KENAI BOAT LAUNCH IMPROVEMENTS POA. 198~-22 I-R KENAI RIVER 113 WATERBODY: KENAI RIVER RIVER MILE: 1~ LOCAL GOVT: CITY OF KENAI APPLICANT: CITY OF KENAI 'AGENT: VTM. J. NELSON & ASSOCIA~ SHEET: 4 OF 4 DATE:05/24/0~ STAT FRANK H. MLtRKOWSKI, GOVERNOR OF ALASKA OFFICE OF THE GOVERNOR DI~PT. OF ENVIRONMENTAL CONSERVATION DIVISION OF WATER 401 Certification Program Non-Point Source Water Pollution Control Program NOTICE OF APPLICATION 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 ihe 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 described in the Corps of Engineers' Public Notice'No. POA-1983-22 l-R, Kenai River, serves as application for State Water Quality Certification from 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 waive certification. Any person desiring to comment on the project with respect to Water Quality Certification may submit written comments within 30 days of the date of the 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 GOVERNOR DEPARTMENT OF NATURAL RESOURCES OFFICE OF PROJECT MANAGEMNT AND PERMITTING ALASKA COASTAL ZONE MANAGEMENT 550 WEST 7TM AVENUE, SUITE 1660 ANCHORAGE, ALASKA 99501-3568 NOTICE OF APPLICATION FOR CERTIFICATION OF CONSISTENCY WITH THE ALASKA COASTAL MANAGEMENT PROGRAM Notice is hereby given that a request is being filed with the 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-1983-221-R~ Kenai Riyer~ will comply with the Alaska CoaStal Management Program and that the project ~vill be conducted in a manner consistent with that program. The Office of ProjeCt Management and Permitting requests your comments, particularly on the 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 h ttp://www, gov. state, ak. u s/gd c/Proj ec ts/proj ect s.html. Attachment 3 0 0 o o. o _. , 0 0 -~. · o ._o .~_ ._ .~_ ._~ _. o o _~- _. o c~ /Rd CITIZEN'S GUIDE - HOW TO APPEAL DECISIONS OF THE CITY OF KENAI'S PLANNING & ZONING COMMISSION An affected person who may be aggrieved by a decision a decision of the Planning & Zoning Commission, Building Official or Planner regarding issues included in the Kenai Zoning Code has. the right to appeal. Following are some frequently asked questions that should help you through the process. How do I appeal a Planning & Zoning decision? First, You need to submit a letter to the Kenai City Clerk within fifteen (15) days of the date of the decision, stating a description of the action or determination you want to appeal, and how the decision will harm you. Include your address and phone number in your letter. The Clerk's office is located downstairs at City Hall and the mailing address is 210 Fidalgo Avenue, Suite 200, Kenai, AK 99611. The Clerk's phone number is 283-7535 extension 231. What does it cost to file an appeal? There is no charge to file an appeal. However, you will have to pay any costs you have in preparing or presenting your case. The cost to most people appealing a decision is minor. How will I know when the hearing on the appeal is to be held? The City Clerk will mail you a notice telling you when your hearing will be held. The hearing will be held within thirty (30) days of the date you file the appeal, however, for good cause, the Board of Adjustment may hold the hearing up to sixty (60) days after the filing of the appeal. A decision will be made within thirty (30) days of the hearing date. That means a decision could be made within sixty (60) to ninety (90) days of the date you file the appeal. Who decides the appeal? The Kenai City Council, acting as a "Board of Adjustment," will hear your appeal. of the Board Members hearing the appeal can decide the case. A majority Citizen's Guide to Planning & Zoning Appeals City of Kenai Legal Department Page 1 of 3 Revised 6/05 What happens at the hearing?. You will be allowed to testify at the hearing. You may bring wimesses to testify also. You can also submit written information or evidence such as letters from other interested people or a. summary of your thoughts on the appeal. Other people may also testify and submit written information or evidence during the hearing. Each person who gives testimony will be under oath and all the testimony will be recorded. Members of the Board of Adjustment (City Council) may have questions to ask you about the issues. They may ask you about issues or questions raised by others at the hearing. How will I know what the Board decided? Within thirty (30) days of the hearing, the Board will issue a written opinion stating its decision. The decision will state the reasons why the decision was made and how each member of the Board voted. The decision will be mailed to the parties (the applicant and person appealing) and anyone who testifies or submits comments or requests a decision. The decision will also be posted on the City's website (..www.ci.kenai.ak.us). If you disagree with the decision of the Board of Adjustment, you can appeal tO the Superior Court in Kenai. You have thirty (30) days from the date the decision is mailed to you to file the appeal. Do I need a lawyer to help me? Most people appeal without the help of a lawyer. you at your own expense if you choose. However, you may have a lawyer represent Tips that may help you in the hearing. Be prepared. Write down the points you want to cover in your testimony. Gather your written evidence and material together before the hearing. It is better if you can give it to the City Clerk one week before the hearing so the Board can have copies in advance. If not, get it to her as soon as you can or bring it with you to the hearing. Information submitted after the hearing probably will not be accepted. During the hearing, don't try to testify until it is your mm. Don't interrupt those who are testifying. Don't argue or get angry during the hearing. You will do a much better job presenting your case if you stay calm. The Board expects its members, staff and members of the public to treat each other politely. When you testify, tell the truth. Don't guess if you are not sure. Make sure the evidence, you present concerns the issues. Try not to repeat yourself. Citizen's Guide to Planning & Zoning Appeals City of Kenai Legal Department Page 2 of 3 Revised 6/05 It is okay to be nervous during the hearing and when speaking in front of the public. The Board is used[to having people being nervous while speaking-in public. They will not hold it against you. ! Come to the heating. Exercise your rights. It is your chance to tell your side of the story. Citizen's Guide to Planning & Zoning Appeals City of Kenai Legal Department Page 3 of 3 Revised 6/05