HomeMy WebLinkAbout2010-09-08 Planning & Zoning Packet1. CALL TO ORDER:
a. Roll Call
b. Agenda Approval
c. Consent Agenda
d. *Excused Absences
*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. *August 25, 2010 1
3. SCHEDULED PUBLIC COMMENT: (10 Minutes)
a. Colleen Ward, Mark Schrag, Chuck Winegarden Conditional Use Permits 5
b. Colleen Ward, Mark Schrag, Chuck Winegarden Land Use Tables 9
c. Carolyn Unger Banning Outdoor Wood Burning Boiler Furnaces 13
4. CONSIDERATION OF PLATS:
5. PUBLIC HEARINGS:
a. PZ10 -36 An application to rezone approximately 1023.8 acres of land located along Bridge
Access Road and adjacent to the Kenai River including Parcel Numbers 04945003 (Tract B City
of Kenai Boat Ramp ROW Dedication), 04945004 (Tract C City of Kenai Boat Ramp ROW
Dedication), 04945005 (Tract D, City of Kenai Boat Ramp), 04910014 (Gov't Lots 6, 7, 10
SE1/4 SE1/4 TN SEC 8 Gov't Lot 6 SE1/4 NE1/4 SE1/4 NE1/4 SW1/4 S1/2 SW1/4
IN SEC 9 Gov't Lot 1 4 THRU 6 NE1 /4 NE1I4 IN SEC 17 EXCLUDING THE KENAI
RIVER CROSSING ROW BUT INCLUDING THAT PTN IN SEC 9 AS PER COMISSION ER
DEED 0359 920), and 04910051 (Gov't Lot 7 IN SEC 4 Gov't Lot 9 THRU 11 IN SEC 5
Gov't Lot 4 THRU 14 SE1 /4 SE1 /4 NE1 /4 E1 /2 E1 /2 SE1 /4 IN SEC 7 Gov't Lot 1
THRU 5 NW1 /4 NE1 /4 SW1 /4 NW1 /4 IN SEC 8 Gov't Lot 4 IN SEC 9 EXCLUDING
THEREFROM KENAI SPIT SUB NO 2 THAT PORTION AS PER QC /D 33 81).
Rezoning from Heavy Industrial and Rural Residential to Conservation. Application submitted
by Rick Koch, City Manager, City of Kenai, 210 Fidalgo Avenue, Kenai, Alaska. 57
6. UNFINISHED BUSINESS:
CITY OF I {ENAI
PLANNING ZONING COMMISSION
AGENDA
CITY COUNCIL CHAMBERS
September 8, 2010 7:00 p.m.
7. NEW BUSINESS:
a. Town Hall Meeting Results. Discussion. 69
b. PZ10 -38 a resolution of the Kenai Planning and Zoning Commission recommending Kenai City
Council amend KMC Chapter 3, Animal Control, Section 3.05.010, Definitions, to include in the
definition for commercial kennels and private kennels and to amend KMC 3.15. To: 1) Provide
that property owners within 300 feet of a parcel that is subject of a dog kennel license application
Agenda Page 2
September 8, 2010
or application to renew a kennel license be notified of the application, and 2) Provide a process
for a property owner within 300 feet to request a hearing to determine if the permit should be
issued; and 3) Setting out the appeal process for any aggrieved party. Discussion/Set Public
Hearing. 77
8. PENDING ITEMS:
9. REPORTS:
a. City Council 85
b. Borough Planning 89
c. Administration
10. PERSONS PRESENT NOT SCHEDULED: (3 Minutes)
11. INFORMATION ITEMS:
a. Zoning Bulletin (7/10/10) 95
12. NEXT MEETING ATTENDANCE NOTIFICATION: September 22, 2010
13. COMMISSION COMMENTS QUESTIONS:
14. ADJOURNMENT:
1. CALL TO ORDER:
a. Roll Call
b. Agenda Approval
c. Consent Agenda
d. *Excused Absences
Commissioner Wells
*Alt 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. *August 11, 2010
3. SCHEDULED PUBLIC COMMENT: (10 Minutes)
4. CONSIDERATION OF PLATS:
5. PUBLIC HEARINGS:
6. UNFINISHED BUSINESS:
7. NEW BUSINESS:
8. PENDING ITEMS:
9. REPORTS:
a. City Council
b. Borough Planning
c. Administration
CITY OF KENAI
PLANNING ZONING COMMISSION
AGENDA
CITY COUNCIL CHAMBERS
August 25, 2010 7:00 p.m.
6:00 7:00 p.m. Work Session
10. PERSONS PRESENT NOT SCHEDULED: (3 Minutes)
11. INFORMATION ITEMS:
12. NEXT MEETING ATTENDANCE NOTIFICATION: September S, 2010
13. COMMISSION COMMENTS QUESTIONS:
14. ADJOURNMENT:
1
1 -a. Roll Call
Roll was confirmed as follows:
Commissioners present:
Commissioners absent:
Staff /Council Liaison present:
A quorum was present.
1 -b.
MOTION:
Agenda Approval
1 -d. *Excused Absences
Roy Wells
Approved by consent agenda.
CITY OF KENAI
PLANNING ZONING COMMISSION
AUGUST 25, 2010
7:00 P.M.
CITY COUNCIL CHAMBERS
CHAIR JEFF TWAIT, PRESIDING
MINUTES
ITEM 1: CALL TO ORDER
Chair Twait called the meeting to order at approximately 7:01 p.m.
G. Brookman, K. Koester, S. Romain, J. Twait,
P. Bryson, K. Rogers
R. Wells (excused)
City Planner M. Kebschull, Council Member
R. Molloy, Deputy City Clerk C. Hall
Commissioner Romain MOVED to approve the agenda as presented and Commissioner
Bryson SECONDED the motion. There were no objections. SO ORDERED.
1 Consent Agenda
MOTION:
Commissioner Brookman MOVED to approve the consent agenda and Commissioner
Bryson SECONDED the motion. There were no objections. SO ORDERED.
*Ail 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
ITEM 2: *APPROVAL OF MINUTES August 11, 2010
Approved by consent agenda.
ITEM 3: SCHEDULED PUBLIC COMMENT None
ITEM 4: CONSIDERATION OF PLATS None
ITEM 5: PUBLIC HEARINGS None
ITEM 6: UNFINISHED BUSINESS None
ITEM 7: NEW BUSINESS None
ITEM 8: PENDING ITEMS None
ITEM 9: REPORTS
9 a. City Council Council Member Molloy reviewed the action agenda
items of the August 18, 2010 City Council meeting included in the packet, noting the
nuisance ordinance was amended and passed, the ordinance to amend the code
regarding destroyed buildings passed unanimously, and the rezone ordinance passed
unanimously. Molloy reviewed the Board of Adjustment hearing of August 23, 2010,
noting the appellant did not appear, however the Board discussed the appeal and the
City Attorney would prepare a formal decision to be reviewed and signed within 30
days.
9 b. Borough Planning Commissioner Bryson reviewed the agenda of the
August 23, 2010 Borough Planning Commission Meeting, noting the special
consideration to review the Plat Committee's denial for land across Cook Inlet owned
by Salamatof Native Association.
9 Administration City Planner Kebschull noted she had been in
Anchorage earlier in the day for a meeting on the Natural Gas Storage Project; the City
may apply for rezone of property along Bridge Access Road to Conservation; and, she
would be out of town from August 31 through September 17, 2010. Planning
Assistant Nancy Carver would be covering for her in her absence.
ITEM 10: PERSONS PRESENT NOT SCHEDULED None
ITEM 11: INFORMATION ITEMS None
ITEM 12: NEXT MEETING ATTENDANCE NOTIFICATION
12 a. September 8, 2010 No Commissioners reported they would be absent
from the September 8, 2010 meeting.
3
PLANNING AND ZONING COMMISSION
AUGUST 25, 2010
PAGE 2
ITEM 13: COMMISSION COMMENTS QUESTIONS
Commissioner Bryson noted, after the election on August 24, 2010, the Borough
Assembly could have four former members of the Planning Commission.
ITEM 14:
MOTION:
ADJOURNMENT
Commissioner Koester MOVED to adjourn and Commissioner Romain SECONDED the
motion. There were no objections. SO ORDERED.
There being no further business before the Commission, the meeting was adjourned at
approximately 7:17 p.m.
Minutes prepared and submitted by:
Corene Hall, CMC, Deputy City Clerk
4
PLANNING AND ZONING COMMISSION
AUGUST 25, 2010
PAGE 3
PLANNING ZONING COMMISSION
APPEARANCE REQUEST
Planning Department
City of Kenai
210 Fidalgo Avenue
Kenai, AK 99611
Phone: (907) 283 -8235
Fax: (907) 283 -3014
Email: mkebschull@ci.kenai.ak.us
NAME: Colleen Ward with MAPS Neighbors and Friends
Mailing Address: 708 Magic Avenue Kenai, AK 99611
Residence Address: Same
Daytime Phone: 283 or 252 1689
Brief Description of Topic: Conditional Use Permits
Preferred meeting date: September 8, 2010
Providing written statement /material for inclusion in the commission packet is encouraged.
Deadline for submittal is normally Wednesday, Noon, the week prior to the commission meeting
(unless a holiday changes the packet preparation day).
Will electronic equipment be used for your presentation? Unknown at this time
Projector Laptop
Will you provide personal equipment? Yes
Will City equipment be needed?
*Setup of electronic equipment MUST BE completed before 5:00 p.m. of the commission meeting
day. Contact the City Clerk for appointment (283 8231).
Date: August 9, 2010
S ignature: �A.�. 56tee4V(
Received: Date Time
5
14.20.150 Conditional use permits
(a)
(c)
(1)
(2)
(4)
(5)
1/19/2010
(6) The appropriate fee.
Tillage with a Past, C with a Fistisr�e
210 Fidalgo Avenue, Kenai, Alaska 99611 -7794
Telephone: 907 283 -75351 Fax: 907 -283 -3014
www.ci.kenai.ak.us
KENAI MUNICIPAL CODE 14.20.150
CONDITIONAL USE PERMITS
Intent: It is recognized that there are some uses that may be compatible with designated
principal uses in specific zoning districts provided certain conditions are met. The
conditional use permit procedure is intended to allow flexibility in the consideration of
the impact of the proposed use on surrounding property and the application of controls
and safeguards to assure that the proposed use will be compatible with the surroundings.
The commission may permit this type of use if the conditions and requirements listed in
this chapter are met. The allowed uses are listed in the Land Use Table. Before a
conditional use permit may be granted, the procedures specified in this chapter must be
followed.
(b) Applications: Applications for a conditional use permit shall be filed in writing with the
Planning Department. The application shall include, but is not limited to, the following:
Name and address of the applicant;
Verification by the owner of the property concerned if other than the applicant;
A legal description of the property involved;
A description of the proposed use;
Dimensioned plot plans showing the location of all existing and proposed
buildings or alteration, and such data as may be required; and
Public Hearing: If the application is in order, a public hearing shall be scheduled in
accordance with the requirements of KMC 14.20.280 of this title.
(d) Review Criteria: Prior to granting a use permit, it shall be established that the use satisfies
the following conditions:
6
1/
(1)
1/19/2010
The use is consistent with the purpose of this chapter and the purposes and intent
of the zoning district;
(2) The value of the adjoining property and neighborhood will not be significantly
impaired;
(3) The proposed use is in harmony with the Comprehensive Plan;
(4) Public services and facilities are adequate to serve the proposed use;
(5) The proposed use will not be harmful to the public safety, health or welfare;
(6) Any and all specific conditions deemed necessary by the commission to fulfill the
above mentioned conditions should be met by the applicant. These may include,
but are not limited to measures relative to access, screening, site development,
building design, operation of the use and other similar aspects related to the
proposed use.
(e) Issuance of the Permit: Following approval by the Commission, the administrative
official shall not issue the permit until the expiration of the fifteen -day appeal period
contained in KMC 14.20.290. After approval by the Commission and before the issuance
of the permit, the administrative official must determine that the applicant is current on
all obligations (e.g., sales tax, property tax, lease payments, utility payments) to the city
or has entered into an approved payment plan with the city on any obligations owed and
the applicant is in compliance with the payment plan and (if the permit is for a use
required to collect sales tax) must show a valid borough sales tax account. If a timely
appeal is filed pursuant to KMC 14.20.290, the permit shall not be issued unless
authorized by the Board of Adjustment.
Yearly Reports: The permit holder shall submit a yearly report between October 1st and
December 31st to the administrative official. Such report shall include a summary of the
on -site activity.
Revocation for Noncompliance /Compliance Notices: If the Commission determines,
based on the yearly review or any other investigation undertaken by the official, that the
conduct of the operation(s) is not in compliance with: 1) the terms and conditions of the
permit; 2) the provisions of the Kenai Zoning Code; 3) or that the permit holder is not
current on any obligations (e.g. sales tax, property tax, utility payments, lease payments)
to the city unless the applicant has entered into an approved payment with the city on any
obligations owed and the applicant is in compliance with the payment plan, the
Commission may revoke the permit. The Commission shall not revoke the permit until
the permit holder has been notified and given reasonable opportunity to correct the
deficiency(s) or to provide information relating to or rebutting the alleged deficiency(s).
Appeals from decisions under this section shall be made in accordance with the
provisions of KMC 14.20.290. If the administrative official determines the permit holder
7
(h) Modification of Final Approval:
(i) Expiration— Extensions Transferability:
(i)
(1)
(3)
(Ords. 925, 1460, 1504 -92, 1549 -93, 1779 -98, 1797 -98, 1916 -2001, 2173 -2006)
1/19/2010
is in compliance with the conditions in this paragraph, it shall send a notice of
compliance to the Commission and the permit holder.
(1) An approved conditional use permit may, upon application by the permittee, be
modified by the Planning and Zoning Commission;
(a) When changed conditions cause the conditional use to no longer conform
to the standards for its approval;
(b)
To implement a different development plan conforming to the standards
for its approval.
(2) The modification application shall be subject to a public hearing and a filing fee.
An approved conditional use permit lapses twelve (12) months after approval if
no building permit is procured or if the allowed use is not initiated.
(2) The Commission may grant time extensions not to exceed six (6) months each
upon a finding that circumstances have not changed sufficiently to warrant
reconsideration of the approval of the conditional use permit. A request for an
extension must be submitted prior to the expiration of the permit. A public hearing
shall not be required prior to granting an extension of time.
A conditional use permit shall automatically expire if for any reason the conditioned use
ceases for a period of one (1) year or longer.
(4) A conditional use permit is not transferable from one (1) parcel of land to another.
Conditional use permits may be transferred from one (1) owner to another for the same
use, but if there is a change in use on the property, a new permit must be obtained.
A proposed conditional use permit shall not be considered if a substantially similar conditional
use permit has been considered and denied within the nine (9) months immediately preceding.
8
NAME: Colleen Ward with MAPS Neighbors and Friends
Mailing Address: 708 Magic Avenue Kenai, AK 99611
Residence Address: Same
Daytime Phone: 283.6007 or 252 -1689
Brief Description of Topic: Land Use Tables including alternatives to the
MAPS Special Zoning District
PLANNING &ZONING COMMISSION
APPEARANCE REQUEST
Planning Department
City of Kenai
210 Fidalgo Avenue
Kenai, AK 99611
Phone: (907) 283 -8235
Fax: (907) 283 -3014
Email: mkebschuil@cLkenai.aksus
Preferred meeting date: September 8, 2010
Providing written statement /material for inclusion in the commission packet is encouraged.
Deadline for submittal is normally Wednesday, Noon, the week prior to the commission meeting
(unless a holiday changes the packet preparation day).
Will electronic equipment be used for your presentation? Unknown at this time.
Will you provide personal equipment? Yes
Will City equipment be needed? Projector Laptop
*Setup of electronic equipment MUST BE completed before 5:00 p.m. of the commission meeting
day. Contact the City Clerk for appointment (283 8231).
Date: August 9, 2010
Signature: &-,17.,4A— �(/a4c/
Received: Dam^ Time
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NAME: �/P/ t /4/ Z4/6":6X
Mailing Address: /07 2 ,W 7 /2J,,e" /--(z- /j 5
Residence Address: S,
Daytime Phone:
PLANNING ZONING COMMISSION
APPEARANCE REQUEST
Planning Department
City of Kenai
210 Fidaigo Avenue
Kenai, AK 99611
Phone: (907) 283 -8235
Fax: (907) 283 -3014
Email: mkebschull @ci.kenai.ak.us
Brief Description of Topic: X9iJ4J /itJ6--- (2 ./z2i4C �Ge e/t/ /N-
Preferred meeting date: 5.4,07
Providing written statement /material for inclusion in the commission packet is encouraged.
Deadline for submittal is normally Wednesday, Noon, the week prior to the commission meeting
(unless a holiday changes the packet preparation day).
Will electronic equipment be used for your presentation? �tIQ
Will you provide personal equipment /,Y
Will City equipment be needed? d Projector /UV Laptop
*Setup of electronic equipment MUST BE completed before 5:00 p.m. of the commission meeting
day. Contact the City Clerk for appointment (283- 8231).
Date: �d
Signature:
Received: Date
ime► V 1
Central (toiler Outdoor Wood Furnaces
RoM I
PRODUCTS
HOW IT WORKS
FURNACE
INSTALLATION
ENVIRONMENTAL
ADVANTAGES
STEEL
C0MPARI50N
9HOCHU1TE
EVENT CALENDAR
FA(
EMISSIONS
INGORMATION
aEALCR LOCATOR
CONTACT US
SITE 'MAW
http://www.centralholler.com/applications.pflp
1't b'§i t b�►'P
#e3difY, r'3`3.:ieij f e.rino.,f': e roily c..v.Anf3'J1iNa WtOOd eat."
How It Works
14
How Heat From A Central Boiler Outdoor Furnace Gets To Your Home
8/30/10 12:05 PR
e The Central Boiler outdoor furnace is located outside, typically 30 to 200 feet (but as far as 500
feet) away from your home or building, and works with any existing heating system.
A water jacket surrounds the furnace firebox and heat exchanger, and heated water is circulated
to your home or building through insulated underground pipes an efficient way to move heat
over distances.
e The outdoor furnace is designed to work with any existing heating system. Water -to -air or water
to -water heat exchangers or direct circulation conveys the heat into the structure's Wood-air
furnac,, radiant gaseboar or rgdiant heating system. This allows you normal thermostatic
temperature control.
e The outdoor furnace can provide heat for all your domestic hot water by adding a water -to -water
heat exchanger. You can turn off your hot water heater and save even more money!
e The outdoor furnace has the ability to heat multiple buildings, such as a garage, workshop, shed,
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swimming pool or hot tub.
Guidance for Health Professionals; Outdoor Wood -Fired Boilers (Water Stoves)
WISCONSIN
DEPARTMENT OF
HEALTH SERVICES
Fora printable version (pdf) of this fact sheet, click here
Outdo r Wood oilers (Water Stoves)
3/30/10 11;11 AI
S uidance for local government and public health officials on the use and
=gelation of wgitadoor wood ba ile.rr (OW 3s).
Public health hazards can result from excessive smoke produced when outdoor
wood boilers are improperly placed and operated. Local health departments have
the authority to address public health hazards and health nuisances under Wisconsin1
State Statute 254. This fact sheet summarizes current Wisconsin Department of
Health Services recommendations for best- management practices of outdoor wood
boilers.
'Nhat is an _.Outdoor Wood Boiler'
Public Health Haza bps Q fa ted with Outdoor Wood Boilers
FjxistMng IPub1ky health Laws anl` Ordinances
Viihat` 'aiNAi.::G_QMe "n ments Do_AbQit QuttiQor WQo BQI1 E CQ.Migaintsl.
NW @llore Information
What is an Outdoor Wood Boiler?
An outdoor wood boiler (OWB) is any furnace,
stove, or boiler designed to burn wood, where the
unit is not located within a building intended for
habitation by humans or domestic animals. OWBs,
also known as water stoves, typically look like a
small utility building with a smoke stack. OWBs
provide heating and /or hot water to a single
residence.
The basic design of an outdoor wood boiler (OWB) includes a firebox enclosed in a
water jacket, surrounded by insulation, and vented through a chimney stack. The
combustion of wood heats the water in the reservoir. Heated water is carried through
underground pipes to heat a home, farm building, swimming pool, hot tub, or to
produce domestic hot water. OWBs are more popular in rural areas than in other
areas. Most OWBs cost between $3,000 $10;000 installed.
The basic design of the OWB encourages a slow, cooler fire, to maximize the amount
of heat transferred from the fire to the water. Slow, cooler fires, however, burn
inefficiently and create more smoke and creosote than higher temperature fires. The
http: /www.dhs. wisconsIn. gov /eh/hlthhaz/Fs/waterstoves.htm Page 1 of 4
15
Gu lcfance for Health Professionals: Outdoor Wood -Fired hollers (Water Stoves) 8/3O/10 11:11 Al
most efficient wood burning furnaces burn at very high temperatures, include a heat
store of several hundred gallons of water, and have refractory tunnels where high-
temperature secondary combustion can take place. These units are typically installed
inside the home, have very low emissions, and have a stack height of 20 -30 feet.
Outdoor models often are missing these important features.
Public Health Hazards Associated with OWBs
Health officials worldwide have only recently begun to understand the health
problems seen in people who regularly cook or work around wood fires. Wood smoke
contains a mixture of at least 100 different compounds in the form of gases and fine
sooty particulate matter (PM). Some of the major components of wood smoke are on
EPA's list of six "criteria pollutants" in the National Ambient Air Quality Standard
(NAAQS), including ozone, carbon monoxide, nitrous oxides, particulate matter, and
sulfur. dioxide. The six criteria pollutants were singled out by the United States
Environmental Protection Agency (EPA) because of the negative impacts of these
pollutants on human health, which include coughing and difficult or painful breathing,
increased susceptibility to respiratory illness like pneumonia and bronchitis, eye and
nose irritation, hospitalization for heart or lung diseases, and prernature death.
Smoke associated with OWBs
At the relatively low temperatures at which
OWBs are designed to burn wood, the stoves
can produce thick smoke and creosote. This
smoke can contain unhealthy levels of toxic
air pollutants and known carcinogens,
including significant amounts of particulate
matter (PM) of various polycyclic aromatic
compounds (PAHs).
Exposure to PM can trigger or aggravate respiratory and cardiovascular problems. PM
are so small that they behave much like gases they can penetrate homes, even
when windows and doors are closed. PM can lodge deep in the lungs of those
exposed to wood smoke, and are not easily expelled. Symptoms of people exposed
to wood smoke from OWBs include eye and nose irritation, breathing difficulty,
wheezing, coughing, and headaches. People with heart disease, asthma, emphysema,
or other respiratory diseases are especially sensitive. In particular, wood smoke can
be harmful to the elderly, babies, children, and pregnant women.
The chance a person will experience health effects as a result of exposure to smoke
depends on the concentration of air pollutants they breathe and the duration of their
exposure. Because most OWBs have very short stacks and are located close to
homes, there is a greater potential for emissions to create a health hazard for those
living near the unit, including neighbors. In areas where homes are not close
together, the use of an OWB may not be a health hazard for neighbors.
Hazards associated with burning garbage or inappropriate materials
Burning particleboard, treated, stained, painted, wet or freshly cut wood can release
http:// www. dhs. wlsconsin. gov /eh /hlthhar/fs /waterstoves.htm Page 2 of 4
16
Guidance for Health Professionals: Outdoor Wood -Flied Boilers (Water Stoves)
3/30/10 11:11 A
very toxic chemicals. These materials should never be burned in OWBs. Trash
burning is especially harmful because it releases chemicals that are persistent in the
environment, polluting our air, food, lakes and streams. Burning plastic and treated
wood also releases heavy metals and toxic chemicals such as dioxins. Exposure to
dioxins can cause skin problems, reproductive or developmental problems, and may
even increase the risk of cancer.
Existing; Public Health Laws and Ordinances
Human health hazards can result from the use of outdoor wood boilers. Local health
departments, which have the authority to address health hazards, may be asked to
respond to complaints from the public regarding problems with water stove use In
addition, several communities in Wisconsin have taken the step of creating
ordinances that ban or regulate the use of OWBs. The adoption of local ordinances
regulating outdoor wood stoves is currently the best way to address the issue
proactively. Although the US EPA has regulations for reducing pollution from
residential stoves and fireplace inserts, there, are currently no Federal or State
standards regulating the use of outdoor wood boiler's. The US EPA does maintain a
website (exit DHS) with links to state and local air agencies working to reduce
emissions from OWBs, as well as current regulations governing OWB use.
The Wisconsin Department of Natural Resources (DNR) has developed a qui«klance
do_curnent and model ordinance (exit DHS) for local communities interested in regulating
outdoor burning, burning of refuse, and the installation and use of OWBs.
What Can Local Governments Do About Water Stove Complaints?
In some communities, the best approach to managing nuisance complaints and
public health hazards is a locale ordinance that restricts or bans the use of OWBs.
While water stoves are typically used in rural settings, an increasing number are
being installed in subdivisions and small towns. If your municipality is receiving
complaints about OWBs, you should consider the following best management
practices for their placement and use:
1. Ensure that OWBs are installed where they do not create an air pollution health
hazard. Local officials should give careful consideration to the influence that
changes in land use can have on where OWBs are installed. This is especially
important when agriculturally: zoned land is changed to residential. This
frequently results in homes being built too close to OWBs.
2. Restrict what can be burned in an OWB to clean dry firewood.
3. Place OWBs at least 300 -500 feet from the nearest building which is not on the
same property as the unit.
4. Require that OWB chimneys be 15 feet high, or at least as high as the roofs of
nearby buildings.
5. Require annual permitting of OWBs by the local fire chief.
For more guidance on establishing control over the installation and use of OWBs
please refer to the DNR "Model Ordinance for Outdoor Burning, Open Burning and
Burning of Refuse A Guide for Wisconsin Counties, Cities, Villages and Towns." You
can retrieve this document at
http: /dnr.wi.gov /environmentprotec /oblrnodelOrdinance tm. (exit DHS)
http:// www. dhs. wisconsin, gov feh /hlthhaz/fs/waterstoves.htm Page 3 of 4
17
u
Outdoor Wood Boilers (OWBs) are known by various names: outdoor wood furnaces, outdoor
wood -fired hydronic heaters, outdoor wood water heaters or waterstoves. Whatever they are
called, these residential or small commercial wood burning hot water heaters are used to heat
homes and domestic hot water, heat swimming pools arid hot tubs, heat hot water in milk houses
or to keep greenhouses warn, These heaters have large fireboxes and are hand -fed typical
firewood or larger unsplit wood. They come in a variety of sizes and shapes. Most look like small
freestanding metal tool sheds with stacks, but some are rectangular boxes or are cylindrical in
shape. The fireboxes are surrounded by water jackets and the hot water is circulated in.
underground insulated pipes from the OWB to the house or other structure that may be as much as
100 feet or more away from the OWB.
OUTDOOR WO D FIRED BOILERS
An Informational Fact Sheet froiri the
Vermont Department of Environmental Conservation
Issues
18
Operation: OWBs control the fire by limiting the air (oxygen) supply to the fire. The typically
oversized firebox is loaded with wood and the fire started. When the temperature of the
circulating water reaches a set point (generally around 180 °F), a damper closes or a fan shuts otlf,
eliminating the air supply to the fire. The fire smolders and cools until the temperature of the
water drops to a lower set point and the damper opens. The most smoke is produced just after the
damper opens and the wood tries to burn but is too cool to burn efficiently. These on/off cycles
may go on for 12 to 24 hours or more between fuel loading depending on the demand for
heat.
OWBs have been a controversial form of wood heating in the northeastern and midwestern US
and Canada for several years. The controversy is caused largely by the smoke and health impacts
the emissions from OWBs have on neighbors, but there has also been concern about the possibly
misleading advertising for the units and the use of the units to illegally burn materials other than
natural wood.
Efficiency: Contrary to much of the advertising ibr OWBs, these units (with perhaps a few
exceptions) are not very efficient at converting the heat from the wood into useable heat for home
heating or other purposes. This includes the most popular, well advertised brands on the market.
Testing by the U.S. EPA and other testing have demonstrated that the overall thermal efficiency of
these units is no more than about 50% and many tests show efficiencies far lower. In contrast,
thermal efficiencies of newer EPA certified indoor woodstoves are generally in the 63 to 72%
range. This means that to get the same amount of useable heat, you would have to burn more
wood in an OWB than in a new indoor woodstove.
Smoke: OWBs have a tendency to produce smoke that causes
neighbors to complain about nuisance and health problems. In
some cases, neighbors' indoor smoke alarms have been activated
by the smoke from OWBs. The reasons that the smoke from
OWBs elicits complaints are multiple. The units tend to smoke
more heavily than indoor wood stoves depending on how they
are operated and the type of fuel used. The stacks that come on
the OWBs are very short releasing the smoke at low levels where
it is less likely to disperse. In addition, many people operate the
units during the summer to heat domestic hot water, swimming
pools and so forth. The smoke disperses poorly under summer
conditions when neighbors have their windows open and tend to
spend more time, outdoors.
Health Impacts: Wood smoke, whether from an OWB, indoor woodstove or open burning,
consists mostly of fine particulate matter (PM2.5)..Research has shown that the tine particulate
contributes to human health problems including cardiovascular disease and chronic lung
conditions. The most recent research has demonstrated that the health impacts of PM2,5 are worse
than previously realized prompting the U.S.EPA to propose stricter standards, Because OWBs
employ poor combustion design, they emit more PM 2,5 per energy produced than newer well
designed indoor wood stoves or properly designed wood furnaces. Wood smoke also contains
organics from incomplete combustion. This includes benzene, formaldehyde and polycyclic
aromatic hydrocarbons (PAHs), all of may cause cancer.
The ling Picture
In general, wood burning in residential or small comrnercial situations emits hundreds or even
thousands of times more particulate than burning oil or gas. Yes, wood is a renewable local
resource and is considered by some to be global warming neutral. These are very positive
attributes, but as more and more people choose to bum wood, the devices they use need to be rnore
and more efficient in order to maintain the currentair quality (which in many areas is already
inadequate). The technologies to burn wood cleanly, even in water heating furnaces, is available
and in use, particularly in Europe where the particulate emission standards for wood burning
devices are far stricter. The long term effects of large numbers of people choosing poor wood
burning technologies will be increased health care costs, unnecessary early deaths and a poorer
quality of life. In order to maintain Vermont's air quality and to reduce human exposures to
stroke and toxins, the Vermont DEC has proposed some new rules for OWBs.
19
Status of Vermont Rules and Regulations
Current Rule: Section 5-204 of the Vermont Air Pollution Control Regulations (APCR)
prohibits the installation of OWl3s within 200 feet of another's residence (a residence not owned
by the OWB owner or served by the OWB). If the OWB is installed within 200 to 500 feet of
another's residence, the stack trust be at least as high as the peak of the house or structure that the
OWB is heating. This rule also states that only
natural wood may be burned in the O W13 and the
smoke is not allowed to cause a nuisance. In
addition, the sellers /dealers of OWBs are required
to inform the OWB buyers about Vermont's
regulation and to have the buyers sign a form
regarding the requirements. A copy of the form
must then be sent into the Air Pollution Control
Division. This rule applies only to OWBs installed
after October 1, 1997.
Proposed Rule: Because complaints about smoke from OWBs have continued since the Section
5204 was adopted and to minimize PM2,5 emissions as more and more people bum wood,
Vermont has proposed rules that will require OWB manufacturers to improve the efficiency of
their wood burning units before they can be sold for use in Vermont. The proposed rule sets a
particulate emission standard that is comparable to the standard for US EPA certified indoor wood
stoves. This merely levels the playing field and should benefit all Vermonters over tune.
Here's a brief summary of the proposed rule (Section 5•x205):
1. The rule establishes a particulate matter emission limit of 0.20 grains per dry standard
cubic foot of exhaust gas corrected to 12% CO2 for OWBs sold after a specified date (not
yet determined).
2. Manufacturers are required to have the OWBs tested if they want to sell them for use in
Vermont.
3. No person is allowed to sell or distribute an OWB unless that model has been tested and
certified by the state of Vermont to comply with the emission limit above.
4. Manufacturers are required to provide a list of Vermont certified OWBs to dealers on an
annual basis.
You can see the complete rule at: top: ti ww. 4tir.state.vt. pis stir /htixtil' •oposedAznencirnents.htrn
NOTE: Minor revisions to the proposed rule based on public comment are being drafted. The
units used to express the particulate standard will likely change and newly developed test methods
will probably be incorporated into the proposed rule.
20
The proposed OWB rule:
1. Does not apply to OWBs that are installed prior to the effective date of the emission
limit —they are "grandfathered
2. Does not apply to indoor wood furnaces.
3. Does not apply to indoor wood stoves.
4. Does not ban OWBs.
The Agency is not trying to limit wood burning but rather trying to ensure that wood is burned in
an efficient manner that will minimize environmental and health impacts and will provide
consumers with the most efficient devices for their money.
Vermont Is Not Alone
Most of the New England states and New York have serious concerns about OWBs operating in
their states due to the health impacts and nuisance effects. Vermont has been working closely
with these states on OWB issues. Some Midwestern states have also expressed concern about
OWBs, including Michigan, Wisconsin, Minnesota and Indiana. The New York State Attorney
General's Office published a significant report regarding OWBs in August, 2005 (see "Smoke
Gets in Your Lungs: Outdoor Wood Boilers in New York State, available at
http: /www.oag. state. ny. us press /2005 /aug/August %202005.pdf). In addition, numerous
municipalities in the US and Canada have adopted ordinances banning or otherwise regulating
OWBs.
In The Future
As with indoor woodstoves, the design of OWBs is expected to change, and they should become
much more efficient and less polluting. Before spending $8,000 to $10,000 or more on an OWB,
consumers should consider waiting a few years for the new products to enter the market. The
smoke, after all, also impacts on furnace owners. The next generation of OWBs will be a better
investment, cause less pollution and should keep your neighbors happier.
For additional information about OWBs go to .wyw.vtwoodstnoke_o1g on the internet or contact
the Vermont De art ment of Environmental Conservation, Air Pollution Control Division.
VERMONT
ENVIRONMENTAL CONSERVATION
21
Air Pollution Control Division
103 South Main Street, Bldg 3 South
Waterbury, Vermont 05671-0402
Toll Free: 1 -888- 520 -4879
Revised December 28, 2006
Outdoor Wood -Fired Boilers
!1ir_(1<<�IIi Outdoor Wood -Fired Boilers
()8,13tdoo 'fti
41-Fired 3oigers
Outdoor wood-fired boilers are not allowed in the state of
WWUashiin+dton at this time. This site is designed to help you get the facts
before purchasing a wood-fired boiler. If you have any questions about
outdoor wood-fired boilers, please contact us.
With the rising cost of heating oil, more Washington residents are looking
to wood as a source of heat and hot water. But not all wood heat is the
same. While indoor wood stoves have been tested and certified by EPA for -1
emissions since 1990, outdoor wood boilers (OWBs) are not. OWBs cause
dense srnoke and have very short smoke stacks, so the smoke is released
at levels where people breathe it. This smoke endangers your health and that of your family and
neighbors, as well as harming the environment. Even the cleanest outdoor wood -fired boilers are
3 to 5 times more polluting than a certified wood stove meeting Washington emission standards.
What are outdoor wood -fired boilers LOWBs)?
Are any OWf3s legal in Washington?
What cols _gs OWBs to smoke./
Are 03ffilsworse than i idoor wood stove,,?
Is nalulaj.ps1 smoke harmful?
If 1 wanj,,to burn wood, What should X do?
Learn more_about the ,faith effects of ,woocl_srrioke pollution
What are outdoor wood fired boilers (OWlls)?
OWBs are wood -fired water heaters that are located outdoors or are separated from the space
being heated. The fires in the large fire boxes heat water that is circulated into the home through
underground pipes. The energy may be used to heat houses, shops, domestic hot water,
greenhouses, swimming pools and spas. Indoor installed boilers are a variation of an OW13. They
are in the same legal category as OWBs, and subject to the same regulations.
Are any °Was legal in Washington?
Not at this time. However, Ecology is willing to consider allowing OWBs to be sold in Washington if
the manufacturers can prove they rneet Washington's standards. To prove an OWB meets
Washington's standards, a manufacturer must:
v have the device tested using a test method that Ecology considers adequate and
acceptable; and
submit test results to Ecology showing the OWB emits no more than 4.5 grams of fine
particles per hour.
.1 U.S. Environmental Protection Agency has a voluntary program for manufacturers of outdoor
wood -fired boilers. Boilers that are accepted into this program meet stricter guidelines and
pollute less. However, even these boilers pollute too much to be allowed in Washington. You can
8/30/10 12:1G PN
http:// www. ecy. wa.gov/programs /air/AOPPermits/ Boller /Outdoor_8ollers_home.html Page 1 of 3
22
Outdoor Wood —Fired Boilers 8/30110 12:16 PP
find more information on this program at
http: Ewww .ellaaovLburnwisejpar.ticipatp iori.Jitml #hydronic
What causes OWNbJg to smoke?
Most OWI3s employ very primitive combustion technology. When the water circulating through the
furnace reaches an upper set point (usually around 180 °F) the air supply to the fire is cut -off,
cooling the fre•so the water will not overheat. The Furnace operates in this "idle" mode until the
water ternperature hits a lower set point and the air supply is re- established. Under some
conditions, the OWB may be in idle mode far longer than in operating mode. This type of operating
causes very poor combustion and heavy foul smoke. Most of the smoke emitted is fine condensed
organic material that does not burn under cool, oxygen starved conditions. Burning wood with too
much water content (20% moisture or less is required by state law) can also cause poor
.1: ombustion. Wood from the outdoor winter wood pile may be very cold when loaded into the OWB
causing an even colder fire.
Are OM% worse than indoor wood stoves?
Yes. Newly inanufactured indoor wood stoves are required to meet strict Washington State particle.
emissions standards, 2.S grams per hour for catalytic stoves and 4.5 grams per hour for
noncatalytic stoves. In contrast, tests done by the Northeast States for Coordinated Air Use
Management (NCSCAUM) found that the average fine particle emissions (a particularly harmful
pollutant) from one OWB are equivalent to the emissions from 2.2 EPA certified wood stoves, 205
oil furnaces, or as many as 8,000 natural gas furnaces. One OWB can emit as much flne particle
matter as four heavy duty diesel trucks on a grams per hour basis. The smallest OWB has the
potential to emit almost one and one -half tons of particulate matter every year. Although older
style indoor wood stoves emit more than new certified stoves, they are still several times less
polluting than OWBs. Due to their poor combustion conditions, it is also probable that OWBs emit
proportionately more benzene, polycyclic aromatic hydrocarbons, formaldehyde and other toxic
partial combustion products which have been linked to asthma, heart attacks and cancer.
s
Natural Wood Smoke Harmful?
Yes, all wood smoke is harmful. Fine particles from smoke emissions can be carried deep into the
lungs and can he responsible for significant health problems, including asthma, lung diseases,
heart diseases and death. These particles can also increase the risks of certain types of cancer.
3reathing smoke is especially harmful for sensitive populations, including children, the elderly, and
people with heart and lung ailments. It is estimated that fine particle air pollution costs citizens of
Washington State hundreds of millions of dollars each year in health care costs and lost
productivity due to illness.
References
T.ff X want to burn wood, what should 1 do?
First, consider your neighbors. i3urninq wood in dense residential neighborhoods may never
be a good idea.
I -lave an energy expert inspect your horse.
You may find that more insulation or other energy saving improvements may be a better
investment than an expensive wood heating device.
If you have an older non certified wood stove, consider purchasing a cleaner, more efficient
natural gas, propane, pellet or EPA certified woodstove.
EPA Oujdoor wood -fired boiler sites
Massacijusetts wood -fired boilers web $itg
http: /www.ecy.wa.gov/ programs /air /AoPPermits/ Boiler /Outdoor_Boilers_home.html Page 2 of 3
23
Outdoor Wood- -Fired Boilers 8 /30110 12:.16 P
Vermn,pnt's wood -fired bailers web site
Wisconsin's wood__ fired boilers web site
a Air i)QllutiOn and health
Contact us
Copyright Washington State Department of ecology. See http:// www.ecy.wa.gov /c:opyright.htmi.
http:// www .ecy.wa.gov/programs /air/AOP_ Permits Boiler /Outdoor_8oirers_home.html Page 3 of 3
24
25
Chapter 8021
PM2.5 AIR QUALITY CONTROL PROGRAM
Sections:
8.21.010 Definitions.
8.21.020 Prohibited acts and requirements.
8.21.030 Voluntary removal, replacement, or repair
program.
8.21.040 Forecasting exceedances and voluntary
restrictions in the nonattainment area during
an alert.
8421.010 Definitions.
In this chapter, the following definitions apply:
"Alert" means a notice issued by the FNSB air quality
division when the division determines, using available data,
that a violation of the 35 micrograms per cubic meter will
likely occur.
"Appliance" means a device or apparatus that is
manufactured and designed to utilize energy.
"Clean wood" means natural wood that has not been
painted, varnished, or coated with a similar material, has
not been treated with preservatives, and does not contain
resins or glues as in plywood or other composite wood
products.
"Construction and demolition debris" means a
conglomeration of materials from construction, repair,
remodeling or demolition of buildings and structures
containing any prohibited fuel.
"Cook stove" means a wood burning appliance that is
designed primarily for cooking food and that has the
following characteristics:
1. An oven, with a volume of 0.028 cubic meters
(one cubic foot) or greater, and an oven rack;
2. A device for measuring oven temperatures;
3. A flame path that is routed around the oven;
26
4. A shaker grate;
5. An ash pan;
6. An ash clean -out door below the oven; and
7. The absence of a fan or heat channels to
dissipate heat from the device.
"Division" means the Fairbanks North Star Borough air
quality division.
"Episode" means when conditions reach alert status.
"Fireplace" means an assembly consisting of a hearth
and open fire chamber of noncombustible factory-built or
masonry materials and provided with a chimney, for use
with solid fuels which cannot be operated with an air to fuel
ratio of less than 35 to one.
"Forecast" means a description of the current dispersion
conditions described as good, fair, or poor and including the
expected PM2.5 concentrations expressed in micrograms
per cubic meter.
"Hydronic" means having to do with a system moving
heat from one location to another by means of the
circulation of a heat transfer liquid through piping or tubing.
Hydronic heater" means a fuel burning appliance
designed to (1) bum wood or other solid fuels and (2) heat
building space and /or domestic hot water via the
distribution, typically through pipes, of a fluid heated in the
appliance.
"Masonry heater" means a wood burning appliance that
complies with the guidelines of ASTM E1602 -08, Standard
Guide for Construction of Masonry Heaters, and:
1. Is designed and intended for operation only in a
closed combustion chamber configuration; and
2. Has enough thermal storage capacity to maintain
no less than 50.0 percent of the maximum masonry -mass
temperature for at least four hours after the maximum
masonry-mass temperature has been reached.
"Nonattainment area" is the area depicted on the map
attached to the ordinance codified in this chapter and is
further defined as follows:
Township Range Delineated Boundary for the
Fairbanks Nonattainment Area
MTRS F001 N001 All Sections, MTRS F001 N001 E
Sections 2 -11, 14 -23, 26 -34, MTRS F001 N002
Sections 1 -5, 8 -17, 20 -29, 32 -36, MTRS F001 S001 E
Sections 1, 3 -30, 32-36, MTRS F001 5001 W
Sections 1 -30, MTRS F001 S002 E Sections 6-8, 17
-20, 29 -36, MTRS F001 S002W Sections 1 -5, 8 -17,
20-29, 32 -33, MTRS F001 S003E Sections 31 -32,
MTRS F002N001 E Sections 31 -35, MTRS
F002N001 Sections 28, 31-36, MTRS F002N002
Sections 32 -33, 36, MTRS F002S001 E Sections 1
2, MTRS F002S002E -m Sections 1 -17, 21 -24, MTRS
F002S003E Sections 5 -8, 18.
"Opacity" means the reduction in transmitted light through
a column of smoke as measured by an observer certified in
using the EPA Reference Method 9 as defined in federal
law.
"Particulate matter" or "PM" means total particulate
matter including PM10 and PM2.5 (condensable and
noncondensable fraction) and is a complex airborne mixture
of extremely small particles and liquid droplets that are
made up of a number of components, including acids,
organic chemicals, metals, soil, or dust.
"Pellet fuel burning appliance" means a closed
combustion, vented appliance equipped with a fuel feed
mechanism for burning processed pellets of solid fuel of a
specified size and composition.
"Pellet stove" means a nonhydronic pellet fuel burning
appliance designed to be installed within the living quarters
of a building.
"PM2.5" means particulate matter comprised of particles
that have diameters of two and one -half microns or Tess.
"Sale" means the transfer of ownership or control.
"Solid fuel burning appliance" means any appliance,
unless specifically excluded from this definition, designed to
27
produce heat by burning nongaseous and nonliquid fuels.
This definition includes, but is not limited to:
1. Wood stoves;
2. Coal stoves;
3. Wood- or pellet -fired hydronic heaters;
4. Wood -fired furnaces;
5. Coal -fired hydronic heaters; and
6. Coal-fired furnaces.
The following appliances are specifically excluded from
this definition:
1. Masonry heaters;
2. Pellet stoves;
3. Cook stoves; and
4. Fireplaces. (Ord. 2010 -28 2, 2010)
3,21.020 Prohibited acts and requirements.
A. Emissions Limit in the Nonattainment Area.
1. No person shall install or allow the installation,
within the nonattainment area, of a solid fuel burning
appliance unless it is listed by the borough as qualifying
under this chapter and the installation complies with all
other requirements imposed in this chapter. It shall be
unlawful to install or fail to remove a solid fuel burning
appliance installed in violation of this section. The appliance
shall be so listed by the borough if:
a. The appliance is certified by the U.S.
Environmental Protection Agency as meeting the federal
emissions limit standard appropriate for that appliance or in
the case of hydronic heaters are at least phase 0 qualified.
For purposes of this subsection, "certified" means that the
solid fuel appliance meets emission performance standards
when tested by an accredited independent laboratory and
labeled according to procedures specified by the EPA in 40
CFR 60 Subpart AAA; or
b. The appliance is tested by an accredited
independent laboratory, or other qualified person or entity
approved by the borough, establishing that it meets the
EPA emissions limit standard appropriate for that appliance.
28
2. This section becomes effective 30 days following
adoption of the ordinance codified in this chapter.
B. Visible Emissions Standard in the Nonattainment Are
1. Standard. After September 1, 2011, no person
shall cause, permit, or allow the emission from a solid fuel
combustion appliance in the nonattainment area to create
opacity greater than 50 percent for a period or periods
aggregating more than 15 minutes in any hour except
during the first 20 minutes after the initial firing of a cold
unit.
2. Procedures and Enforcement. Methods and
procedures specified by the EPA in 40 CFR 60 Appendix A
Reference Method 9 (Visual Determination of the Opacity of
Emissions from Stationary Sources) shall be used to
determine compliance with this section. Smoke visible from
a chimney, flue or exhaust duct in excess of the opacity
standard shall constitute prima facie evidence of unlawful
operation of an applicable solid fuel combustion appliance.
C. PM2.5 Crossing Property Lines. No person
shall cause or permit emissions from a solid fuel
combustion appliance to impact the resident(s) of an
adjacent property through the creation of an emissions
plume that:
1. Crosses the adjacent property line;
2. Is observable using EPA Method 22 (40 CFR 60
Appendix A);
3. Is 175 micrograms per hour greater than the
surrounding neighborhood background PM2.5 levels.
D. Borough -Wide Installation Requirements for Hydronic
Heaters.
1. Setback. No person shall install or allow the
installation of a hydronic heater located less than 50 feet
from an adjacent property line and 70 feet from any
habitable structure that it is not serving at the time of
installation, unless that property or habitable structure is
under common ownership or the person receives a
variance from the air pollution control commission.
29
2. Lot Size. No person shall install or allow the
installation of a hydronic heater on lots less than 80,000
square feet unless the person receives a variance from the
air pollution control commission.
3. Stack Height. No person shall install or allow the
installation of a hydronic heater that does not have an
attached permanent stack extending two feet higher than
the roof line of any then existing residence or other
habitable structure located within 140 feet of the hydronic
heater unless the person receives a variance from the air
pollution control commission.
4. Any hydronic heaters installed in violation of this
section shall be immediately remedied or made inoperable
and removed as soon as practicable.
E. Prohibited Fuels in the Nonattainment Area. No person
shall burn in the nonattainment area any of the following
items in a solid fuel burning appliance or pellet stove:
1. Any wood that does not meet the definition of
clean wood and, after September 1, 2011, has more than
20 percent moisture content;
2. Garbage;
3. Tires;
4. Materials containing plastic or rubber;
5. Waste petroleum products;
6. Paints and paint thinners;
7. Chemicals;
8. Glossy or colored papers;
9. Construction and demolition debris;
10. Plywood;
11. Particleboard;
12. Saltwater driftwood;
13. Manure;
14. Animal carcasses;
15. Asphalt products.
F. Commercial Sales of Solid Fuel Burning Appliances.
1. No person shall sell or lease a solid fuel burning
appliance in the borough that does not meet the emissions
limits established in subsection (A) of this section unless
30
the buyer signs an affidavit, on a form prescribed by the
borough, that the appliance will not be installed or used in
the nonattainment area.
2. No person shall commercially sell or offer for sale
or lease a solid fuel burning appliance in the borough
unless the commercial seller or dealer provides the
prospective buyer or lessee, prior to any sales or lease
agreement, with a written notice, prepared or approved by
the division, that includes, but is not limited to, the following:
a. The emission limits and standards imposed
in this chapter;
b. The fuel restrictions imposed in this chapter;
c. Proper installation, property location,
operation, and maintenance of the appliance;
d. Responsibility to operate in a manner so as
not to cause a nuisance condition;
e. An advisory statement noting that installation
of solid fuel burning appliances may not be appropriate in
some areas due to terrain, meteorological conditions, or
other relevant conditions that render the operation of the
appliance a public nuisance or health hazard even though it
is otherwise legally installed and operated; and
f. Voluntary participation in the borough's
educational program. Those providing appropriate contact
information will be given the opportunity to sign up for a
variety of solid fuel burning educational programs offered by
the borough.
3. The written notice required in this section shall be
signed and dated by the prospective buyer or lessee prior
to purchase or lease to indicate receipt of the notification
requirements of this section.
4. The commercial dealer or seller shall mail or
otherwise provide a copy of the notice, any required
affidavit, and the voluntary educational sign -up form (if
completed by the purchaser and given to the seller or
dealer) to the division within 30 days of the sale. All
commercial dealers or sellers shall also include with the
31
notice documentation showing whether the appliance sold
or leased meets the borough's emissions standard.
5. This section becomes effective 30 days following
adoption of the ordinance codified in this chapter.
G. Nuisance. No person shall cause or allow emissions of
a solid fuel burning appliance that are injurious to human
life or to property or that unreasonably interfere with the
comfortable enjoyment of life or property. No person shall
operate a solid fuel burning appliance in a manner so as to
create a public or private nuisance. A violation of a
provision of this chapter is hereby declared to be a
nuisance.
H. Other Laws. Nothing in this code precludes other local
jurisdictions from having more restrictive codes.
1. Code Enforcement. There shall be written procedures
for code enforcement of the air quality control program
within 30 days following the adoption of the ordinance
codified in this chapter. (Ord. 2010-28 2, 2010)
8.21.030 Voluntary removal, replacement, or repair
program.
The Fairbanks North Star Borough shall, to the extent
funds are available and appropriated by the assembly, offer
a removal, replacement, or repair program to help offset the
costs of removing, replacing, or repairing a solid fuel
burning appliance. This program shall be subject to the
following eligibility requirements, conditions, and criteria:
A. General Requirements.
1. Application. An application approved by the
division must be submitted along with any documentation
required by the division. The application for either the
removal or replacement program shall include a signed,
recordable document restricting future installations of
nonqualifying solid fuel burning appliances and requiring
appropriate notice in a seller's disclosure statement.
2. Priority Ranking. Applications shall be prioritized
by the division which shall prioritize applications based on
geographical location, type of program being utilized, and
32
Fiscal
Total
Cash
Municipal
Year
Paymen
Credit
the type of solid fuel burning appliance being removed,
replaced, or repaired. Rescoring shall occur every 90 days
until th funds appropriated for the program have been
expended.
3. Eligibility. The program is limited to legally
installed appliances in a homeowner's primary residence
located in the nonattainment area. If an application receives
a priority score sufficient to qualify for a program, the
applicant will be given up to 90 days to meet all of the
requirements for the type of program selected. Applicants
must have no delinquent property tax or penalty or interest
owing at the time of application.
4. Payments and Tax Credits. Applicants for the
removal and replacement programs will be eligible for cash
payments and tax credits, or cash payments only,
depending on when they apply and the type of program
utilized. Payments and /or tax credits shall be available as
follows:
a. Removal of Hydronic Heaters.
Fiscal
Year
7/1/10
6/30/11
7/1/11
6/30/12
Total
$7,500
$4,500
Cash
Payment
$6,000
$3,000
Municipal
Tax
Credit
2 years at
$750.00 /yr
2 years at
$750.00 /yr
Appliances.
b. Removal of All Other Solid Fuel Burning
33
7/1/11
6/30/12
$2,000
$1,00
2 years at
$500.00 /yr
7/1/10 $2,500 $1,000 2 years at
$750.00/yr
6/30/11
c. Replacement of Hydronic Heaters.
Fiscal
Year
7/1/10
6/30/11
7/1/11
6/30/12
Total
$2,500
$1,500
Cash
Payment
$1,000
$500.00
Municipal
Tax
Credit
2 years at
$750.00/yr
2 years at
$500.00 /yr
d. Replacement of All Other Solid Fuel Burning
Appliances and Any Necessary Chimney Replacement.
Fiscal
Year
7/1/10
6/30/11
Total
$2,500
7/1/11
6/30/12
$2,000
Appliance
Replacement
Cash
Payment
$1,500
$1,000
Chimney
Replacement
Cash
Payment
$1,000
$1,000
B. Voluntary Removal Program. The voluntary removal
program will help offset the costs to remove a solid fuel
burning appliance so that the property would be heated by
34
an acceptable alternative as determined by the division and
which must, at a minimum, not fall within the definition of a
solid fuel burning appliance. In addition to the general
requirements set forth in this section, applicants must meet
the following additional requirements:
1. Fully comply with the inspection process required
by the division that shall ensure that the existence of the
appliance to be removed from the applicant's property is
properly documented.
2. Removal of the appliance.
3. Delivery of the appliance to the authorized
decommission station.
4. Certificate of destruction delivered to the division.
C. Replacement Program. The replacement program will
help offset the costs of replacing an unqualified solid fuel
burning appliance with a qualified borough listed appliance
installed in compliance with this chapter and with the costs
of upgrading the chimney to the extent required by the
manufacturer of the qualified borough listed appliance for
proper installation. In addition to the general requirements
set forth in this section, applicants must meet the following
additional requirements:
1. Fully comply with the inspection process required
by the division that shall ensure that the existence of the
appliance to be replaced from the applicant's property is
properly documented.
2. Removal of appliance.
3. Delivery of appliance to the authorized
decommission station.
4. Certificate of destruction delivered to the division.
5. Verified, by applicant affidavit and visual
inspection, installation of a qualified borough listed
appliance in compliance with this chapter.
D. Repair Program.
1. The repair program will pay for the:
a. Replacement of a wood stove's catalytic
converter that has exceeded its life span. Approved
applicants will receive a voucher. The old catalyst may then
35
be exchanged, using the voucher, at an approved vendor
for a new catalyst. Vouchers not used within 90 days of
issue shall be void.
b. Replacement of any emissions reducing
component of an EPA-certified wood stove up to the
maximum amount of $750.00.
c. Repair or extension of chimney or smoke
stack to bring an appliance into compliance with this
chapter.
2. This section becomes effective 45 days following
adoption of the ordinance codified in this chapter. (Ord.
2010-28 2, 2010)
8.214040 Forecasting exceedances and voluntary
restrictions in the nonattainment area during an alert.
A. During the winter months of October through March,
the borough shall issue a daily PM forecast at 4 :30 p.m.
Monday through Friday. When the PM concentration
reaches the onset level for an episode and is expected to
remain at that level for 12 hours, an alert will be declared.
Once an alert is declared, PM control measures set forth in
this section shall be implemented and continued until the
alert is cancelled.
B. Voluntary Restrictions in the Nonattainment Area
During an Alert.
1. Residents shall be requested to voluntarily stop
operation of solid fuel burning appliances, pellet stoves, and
masonry heaters in the nonattainment area.
2. The division will notify local media to ensure the
declared alert is broadcast. Information within the
notification will contain the PM forecast and procedures to
reduce sources of PM. (Ord. 2010-28 2, 2010)
36
This page of the Fairbanks North Star Borough Code is current through
Ordinance 2010 -28, passed June 10, 2010.
Disclaimer: The Borough Clerk's Office has the official version of the Fairbanks
North Star Borough Code. Users should contact the Borough Clerk's Office for
ordinances passed subsequent to the ordinance cited above.
37
Borough Website:
http: /www.co.fairbanks.ak.us/
(http: /www.co.fairbanks.ak,us
Telephone number: (907) 459 -1401
Code Publishing Company
(http://www.codepublishing.com/)
FNSB Air Quality Improvement Program
NOTICE OF RESTRICTIONS FOR SOLID FUEL BURNING DEVICES IN THE FNSB NON ATTAINMENT AREA
On June 10, 2010, the Fairbanks North Star Borough (FNSB) adopted Ordinance No. 2010 -28, which created, in part, guidelines
and restrictions on the installation and operation of solid fuel burning devices (SFBDs) in the FNSB non attainment area (see Figure 1)
for reducing fine particulate pollution (PM in order to bring the Borough into compliance with Environmental Protection Agency
(EPA) standards and to generally create a more healthful environment for Borough residents.
In order to meet the emission limits and standards imposed by the EPA, only Borough- approved SFBDs will be allowed to be
installed in the non- attainment area. Only clean wood (natural wood that has not been painted, varnished or coated with a similar
material, has not been treated with preservatives, and does not contain resins or glues as in plywood or other composited wood
products) will be allowed to be burned in a wood burning appliance. After September 1, 2011, no person shall cause, permit, or
allow the emission from a SFBD in the non attainment area to create opacity greater than 50 percent for a period of more than 15
minutes in any hour except during the initial 20 minutes after firing a cold unit (see FIGURE 2).
The following fuels are PROHIBITED in the non attainment area: any wood that does not meet the definition of clean wood and,
after September 1, 2011, has more than 20% moisture content, garbage, tires, materials containing plastic or rubber, waste
petroleum products, paints and paint thinners, chemicals, glossy or colored papers, construction and demolition debris, plywood,
particleboard, saltwater driftwood, manure, animal carcasses, or asphalt products.
The installation of SFBDs may not be appropriate in some areas due to terrain, meteorological conditions, or other relevant
conditions that render the operation of the appliance a nuisance. Emissions from SFBD are not allowed to impact the resident(s) of
an adjacent property through the creation of an emissions plume that: (1) crosses the adjacent property line; (2) Is observable using
EPA method 22 (40 CFR 60 Appendix A); or (3) is 175 micrograms per hour greater than the surrounding neighborhood background
PM levels. Even when an appliance is otherwise legally installed and operated in accordance with the manufacturer's
specifications, it is your responsibility to operate any SFBD in a manner that does not create a nuisance.
The installation of Hydronic heaters (fuel burning appliances designed to (1) burn wood or other solid fuels; and (2) heat
building space and /or domestic hot water via the distribution, typically through pipes, of a fluid heated in the appliance) is not
permitted on lots of less than 80,000 square feet (or approximately 1.83 acres). No installation is allowed within 50 feet of an
adjacent property line or 70 feet of any habitable structure that is not served by the appliance. Stack heights must extend two feet
higher than the roof line of any then existing residence located within 140 feet of the appliance (see FIGURE 3). Variances may be
granted on a case -by -case basis by the Air Pollution Control Commission; for an appointment contact FNSB Air Quality at (907) 459-
1005.
The Borough offers a variety of solid fuel burning educational programs, which may include: informational packets, workshops,
and demonstrations. Participation in such programs is voluntary.
If at any time you have questions or concerns, please contact FNSB Air Quality at (907) 459 -1005 or visit www.fnsb.us /airquality.
By signing below 1 confirm that I have received and read the above notice.
PRINTED NAME
I would like to participate in the Borough's voluntary educational program YES r 1 NO n
E -MAIL ADDRESS
ALL INFORMATION 15 SUBJECT TO PUBLIC DISCLOSURE
SIGNATURE
MAILING ADDRESS
CUstoa r Copy
DATE
PHONE NUMBER
(Revised July 12, 2010)
FNSB Air Quality Improvement Program
NOTICE OF RESTRICTIONS FOR SOLID FUEL BURNING DEVICES IN THE FNSB NON ATTAINMENT AREA
On June 10, 2010, the Fairbanks North Star Borough (FNSB) adopted Ordinance No. 2010 -28, which created, in part, guidelines
and restrictions on the installation and operation of solid fuel burning devices (SFBDs) in the FNSB non attainment area (see Figure i)
for reducing fine particulate pollution (PM in order to bring the Borough into compliance with Environmental Protection Agency
(EPA) standards and to generally create a more healthful environment for Borough residents.
In order to meet the emission limits and standards imposed by the EPA, only Borough- approved SFBDs will be allowed to be
installed in the non attainment area. Only clean wood (natural wood that has not been painted, varnished or coated with a similar
material, has not been treated with preservatives, and does not contain resins or glues as in plywood or other composited wood
products) will be allowed to be burned in a wood burning appliance. After September 1, 2011, no person shall cause, permit, or
allow the emission from a SFBD In the non attainment area to create opacity greater than 50 percent for a period of more than 15
minutes in any hour except during the initial 20 minutes after firing a cold unit (see FIGURE 2).
The following fuels are PROHIBITED in the non attainment area any wood that does not meet the definition of clean wood and,
after September 1, 2011, has more than 20% moisture content, garbage, tires, materials containing plastic or rubber, waste
petroleum products, paints and paint thinners, chemicals, glossy or colored papers, construction and demolition debris, plywood,
particleboard, saltwater driftwood, manure, animal carcasses, or asphalt products.
The installation of SFBDs may not be appropriate in some areas due to terrain, meteorological conditions, or other relevant
conditions that render the operation of the appliance a nuisance. Emissions from SFBD are not allowed to impact the resident(s) of
an adjacent property through the creation of an emissions plume that: (1) crosses the adjacent property line; (2) is observable using
EPA method 22 (40 CFR 60 Appendix A); or (3) is 175 micrograms per hour greater than the surrounding neighborhood background
PM levels. Even when an appliance is otherwise legally installed and operated in accordance with the manufacturer's
specifications, it is your responsibility to operate any SFBD in a manner that does not create a nuisance.
The installation of Hydronic heaters (fuel burning appliances designed to (1) burn wood or other solid fuels; and (2) heat
building space and /or domestic hot water via the distribution, typically through pipes, of a fluid heated in the appliance) Is not
permitted on Tots of less than 80,000 square feet (or approximately 1.83 acres). No installation is allowed within 50 feet of an
adjacent property line or 70 feet of any habitable structure that is not served by the appliance. Stack heights must extend two feet
higher than the roof line of any then existing residence located within 140 feet of the appliance (see FIGURE 3). Variances may be
granted on a case -by -case basis by the Air Pollution Control Commission; for an appointment contact FNSB Air Quality at (907) 459-
1005.
The Borough offers a variety of solid fuel burning educational programs, which may include: informational packets, workshops,
and demonstrations. Participation in such programs is voluntary.
If at any time you have questions or concerns, please contact FNSB Air Quality at (907) 459 -1005 or visit www.fnsb.us /airquality.
By signing below I confirm that I have received and read the above notice.
PRINTED NAME
SIGNATURE DATE
f would like to participate in the Borough's voluntary educational program YES I i NO n
E -MAIL ADDRESS
MAILING ADDRESS PHONE NUMBER
ALL INFORMATION 15 SUBJECT TO PUBLIC DISCLOSURE (Revised July 12, 2010)
Venc 9Copy
FNSB Air Quality Improvement Program
NOTICE OF RESTRICTIONS FOR SOLID FUEL BURNING DEVICES IN THE FNSB NON ATTAINMENT AREA
On June 10, 2010, the Fairbanks North Star Borough (FNSB) adopted Ordinance No. 2010 -28, which created, in part, guidelines
and restrictions on the installation and operation of solid fuel burning devices (SFBDs) in the FNSB non attainment area (see Figure 1)
for reducing fine particulate pollution (PM in order to bring the Borough into compliance with Environmental Protection Agency
(EPA) standards and to generally create a more healthful environment for Borough residents.
in order to meet the emission limits and standards imposed by the EPA, only Borough- approved SFBDs will be allowed to be
installed in the non attainment area. Only clean wood (natural wood that has not been painted, varnished or coated with a similar
material, has not been treated with preservatives, and does not contain resins or glues as in plywood or other composited wood
products) will be allowed to be burned in a wood burning appliance. After September 1, 2011, no person shall cause, permit, or
allow the emission from a SFBD in the non attainment area to create opacity greater than 50 percent for a period of more than 15
minutes in any hour except during the initial 20 minutes after firing a cold unit (see FIGURE 2).
The following fuels are PROHIBITED in the non attainment area: any wood that does not meet the definition of clean wood and,
after September 1, 2011, has more than 20% moisture content, garbage, tires, materials containing plastic or rubber, waste
petroleum products, paints and paint thinners, chemicals, glossy or colored papers, construction and demolition debris, plywood,
particleboard, saltwater driftwood, manure, animal carcasses, or asphalt products.
The installation of SFBDs may not be appropriate in some areas due to terrain, meteorological conditions, or other relevant
conditions that render the operation of the appliance a nuisance. Emissions from SFBD are not allowed to impact the resident(s) of
an adjacent property through the creation of an emissions plume that: (1) crosses the adjacent property line; (2) 1s observable using
EPA method 22 (40 CFR 60 Appendix A); or (3) 1s 175 micrograms per hour greater than the surrounding neighborhood background
PM levels. Even when an appliance is otherwise legally installed and operated in accordance with the manufacturer's
specifications, it is your responsibility to operate any SFBD in a manner that does not create a nuisance.
The installation of Hydronic heaters (fuel burning appliances designed to (1) burn wood or other solid fuels; and (2) heat
building space and /or domestic hot water via the distribution, typically through pipes, of a fluid heated in the appliance) is not
permitted on Tots of less than 80,000 square feet (or approximately 1.83 acres). No installation is allowed within 50 feet of an
adjacent property line or 70 feet of any habitable structure that is not served by the appliance. Stack heights must extend two feet
higher than the roof line of any then existing residence located within 140 feet of the appliance (see FIGURE 3). Variances may be
granted on a case -by -case basis by the Air Pollution Control Commission; for an appointment contact FNSB Air Quality at (907) 459-
1005.
The Borough offers a variety of solid fuel burning educational programs, which may include: informational packets, workshops,
and demonstrations. Participation in such programs is voluntary.
If at any time you have questions or concerns, please contact FNSB Air Quality at (907) 459 -1005 or visit www.fnsb.us /airquality.
By signing below I confirm that I have received and read the above notice.
PRINTED NAME
I would like to participate in the Borough's voluntary educational program YES 1 1 NO
E -MAIL ADDRESS
SIGNATURE DATE
MAILING ADDRESS PHONE NUMBER
ALL INFORMATION IS SUBJECT TO PUBLIC DISCLOSURE {Revised July 12, 2010)
Please return to FNSB Air Quality 34 Peger Road Fairbanks, AK 99709
Clearing tie Air: Outdoor Wood Boilers Face Regulation I Northern Woodlands Magazine 8/30/10 11 :10 A
:N-Torthern ;i-V o o u _b u.s
Horne Magazine N Snrilr.] 2008 Issue N Features: Clearing the Air: Outdoor Wood Boilers Face Regulation
Clearing the r: Outdoor Woo( )tits]s .[ace Regulation
by Hamilton E. Davis March 1st 2008
Torn Powers, a retired Air Force tech sergeant and
a member of the Peru Town Council, keeps an eye
on a wide range of issues that affect this
northeastern New York town zoning problems,
the local water supply, road maintenance. Over
the last couple of years, one of the top items on
his agenda has been the plumes of smoke rising
from a dozen backyard wood boilers in the town.
A couple of these wood boilers are right in the
hamlet of Peru, about 750 homes lying along the
banks of the Little Ausable River. The others are
dotted around town, an 80- square -mile swatch of
rolling woods, farms, and apple orchards about 10
miles south of Plattsburg. On a chilly, matte -gray
day earlier this winter, all of them appeared to be
in operation, smoke spiraling lazily into the
lowering clouds.
11e. tinf 'turd
These outdoor boilers burn wood and almost anything else and typically supply heat to one or
more buildings at far Tess cost than it takes to heat a house or barn or greenhouse with fuel oil or
propane, a disparity that grows as the cost of oil goes up.
The smoke, however, is a very serious problem. Most outdoor wood boilers are primitive from an
engineering perspective simply metal boxes surrounded by a small water jacket. The wood burns in
the box and heats the water, which is circulated to the building. If it's inconvenient for the owner to
tend the boiler, he or she can load it with fuel every 12 to 24 hours or so and adjust the thermostat so
it will deliver a steady trickle of heat all day.
Burned in this fashion, the fire simply smolders for much of its burn cycle, sending smoke wafting out
of the stack. The stacks are usually quite short, roughly half the height of the roofllne of a two -story
house, which means that the smoke can form a pall near the ground. If there are nearby neighbors,
their homes can be invaded by the smoke. 'The problem is exacerbated when operators burn green or
wet wood, or, worse still, things like garbage or old tires, which some of them do.
At the same time, outdoor boilers potentially are a very cost effective way to utilize firewood, of which
there is an enormous supply, especially in the heavily forested areas of the northern tier of the United
States. Furthermore, burning wood for fuel is sustainable because wood, unlike coal or oil, is a
renewable resource. Replacing those fuels with wood reduces the user's "carbon footprint" and
thereby decreases global warming. And these boilers can be made to burn cleanly. Some producers
have developed boilers with drastically reduced emissions and increased burning efficiencies. These
cost more to install, but savings from more efficient use of fuel help earn back the initial investment.
'These factors the threat from low -lying wood smoke, the prospect of big financial savings, and
potential environmental benefits have combined to form a highly contentious public issue. Some
states, including Vermont and Maine and, farther west, Michigan and Washington, have established
strict constraints on boiler emissions. New York is now developing a statewide regulation. Meanwhile,
many town governments, particularly in New York and Massachusetts, have moved on their own to
regulate outdoor boilers.
In response, the wood boiler industry has mounted an aggressive campaign to protect its right to
continue to produce boilers of all types, including the poorly engineered, smokier units.
For a process whose roots lie well back into prehistory, burning wood to generate heat can be
http:/ /northernwoodlands.org/ artl cl es artic le /clearing_the_air_outdoor wood_boilers_face_regulation Page 1 of 15
41
Photo by tho VT Dept. of Environmental
Conservation
Clearing the Air: Outdoor Wood Boilers Face Regulation Northern Woodlands Magazine 8/30/10 11 :16 A
surprisingly complex. In this country, we began with fireplaces, where much of the heat went straight
up the chimney, and then we moved to various types of indoor stoves. The generation of woodstoves
that appeared in the mid -1960s was not a whole lot more efficient than fireplaces. The fact that they
could be damped down deprived of a full supply of air meant that a homeowner could load them
up, choke off the air flow, and then get a more or less steady flow of heat for hours.
Choking off the air supply, however, is an inefficient way to get heat out of fuel and also a very dirty
one: these stoves were generating a lot of smoke and pollution, and that was a major problem. In a
town like Waterbury Vermont, which lies in a bowl of hills along the Winooski River, a temperature
inversion in winter could trap the smoke near ground level and make the town almost uninhabitable.
Photo by VT Dept. or Environmental Conservation
These regulations, however, exempted wood -fired central heating appliances, including outdoor wood
boilers. When manufacturers recently began to ramp up production of these devices, many of them
used the same old inefficient box technology of the banned indoor woodstoves, which is simpler and
less expensive to make and just as smoky as the banned woodstoves.
Even the cleanest- burning woodstove emits some pollutants, which can include soot, fly ash,
creosote, and heavy metals. These chemicals can be very dangerous in and of themselves, but
perhaps the greatest danger from wood smoke is that the particles produced can be very small,
smaller than 2.5 microns. A micron is a millionth of a meter, and 2.5 microns is roughly one -20th the
diameter of a human hair. When a person breathes in these tiny particles, they go deep into the
lungs, bypassing the normal protective structures of the airway that capture bigger particles. Any
particles less than one micron in size not only enter the deepest part of the lungs but also go directly
into the bloodstream, A growing body of medical research shows that these particles are carcinogenic
and dangerous to human health.
Proven technology
In response to the public outcry over this issue,
the federal Environmental Protection Agency
(EPA) issued rules in 1988 that forced
manufacturers of wood stoves to improve their
products. The older stoves, pre-EPA-
certification, would typically emit 40 to 60 grams
of fine particulates into the air every hour. After
manufacturers were required to meet EPA
standards, the allowable limit was set first at 8,5
grams per hour; in 1990, that limit was cut to
7.5 grams per hour (4.1 grams for catalytic
stoves). So, to stay in business, manufacturers
completely re- engineered woodstoves with
catalytic converters or improved air flow to burn
wood efficiently and cleanly.
It doesn't have to be this way. There are outdoor boilers on the market that can burn wood with
negligible emissions and minimal danger to public health, producing smoke that is even cleaner than
that of the newer, EPA certified indoor woodstoves. One of these is the Garn boiler, produced by the
Dectra Corporation of St. Anthony, Minnesota. The Garn, which when standing out in the open
resembles a miniature railroad tank car, is built of heavy steel and is well insulated. The main
combustion chamber is a rather small box that sits inside of a large pool of water, which acts as a
heat sink.
Air is sucked into the unit by a constantly Turning fan and is divided into two streams before it enters
an insulated combustion chamber. The bottom stream goes right through the burning logs and
engenders a very hot fire. The second stream passes over the top of the combustion chamber and
gathers the volatile gases being given off by the burning logs. That stream enters a secondary
combustion chamber, where these gases are themselves burned. The exhaust that remains, much of
it water vapor, then traverses a serpentine exhaust system running through the water pool, which
wrings even more heat out of it.
This type of wood gasification boiler solves the emissions problem by addressing the fundamental
physics of the issue, namely that the burning of wood and the storage of heat need to be handled in
two separate stages. In order for wood to be burned efficiently, it needs a well insulated firebox with
lots of airflow to achieve high temperature combustion. In order for the resulting heat to be utilized
http://northernwoodtands.org/ articles /articie/clearing_ the_ air_ outdoor _wood_boilers_face_regulation Page 2 of 15
42
Clearing the Air: Outdoor Wood Boilers Face Regulation 1 Northern Woodlands Magazine 8/30/10 11:16 As
effectively, it requires a large storage reservoir that can hold the heat between firings. Rather than
smoldering away, therefore, a Garn is burned hotter (and less frequently) than the low -tech smoky
boilers, whose design places a small reservoir of cold water directly against the firebox.
For comparison, the water reservoir in
Garn boilers range from 1,400 to 3,200
gallons, depending on the model.
Those in the smoky variety range from
140 to 400 gallons. The efficiency
ratings of the two types of boilers bear
out the Garn approach. According to
New York State's Department of
Environmental Conservation, the
efficiency of the older outdoor wood
boilers currently operating in the state
ranges from 28 to 50 percent, with an
average of 43 percent. That means that
for every two logs you put on the fire,
the heat from at least one full log goes
up the chimney. EPA certified
woodstoves, by contrast, run from 68 to
72 percent, obviously much better. The
efficiency of the Garn outdoor boiler,
meanwhile, exceeds the EPA standard
for woodstoves.
eating standaaz'ds
comparison of tiarticulata emissions ir various sources
tin nraaialhr!
43
Illustration by Susan Margolis
Short chimney heights (compared with house chimneys) and smoldering
wood create serious air pollution. illustration based an Smoke Gets In
Your Lungs: Outdoor Wood Boilers in New York State. Environmental
Protection Bureau of the Attorney Genera! of New Yoric State, 2005.
The rub, of course, is the price.
According to Eric Johnson, editor of The Northern Logger magazine and moderator of an online
discussion forum on wood -fired boilers, wood gasifiers range in price from less than $5,000 at the low
end to more than $10,000 for a Garn. "Bear in mind that there are substantial installation costs for
these boilers as well as the relatively high initial purchase price," Johnson said. You have to take into
account things like piping, a chimney or chimney liner, optional hot water storage, heat exchangers
and other equipment and parts needed to mate a wood gasifier to your existing home heating
system." Johnson added that the hot water storage is already included in the Garn design.
Since the 1970s, the air quality divisions of the six New England states plus New York and New
Jersey have been working together as a group on solutions to emission problems. This group, called
NESCAUM (Northeast States for Coordinated Air Use Management) has turned its attention to wood
boilers and has produced a model rule that it recommends to any government body trying to regulate
outdoor boilers.
In essence, the rule aims at making the boilers approximately as clean burning as EPA- approved
indoor woodstoves. The devices are not entirely comparable, however, and NESCAUM and others
interested in the outdoor wood boiler industry have developed a different set of measurement
standards: indoor woodstove emissions are measured in grams of fine particulate per hour, while
outdoor boilers are assessed in terms of pounds of particulates per one million BTU (British Thermal
Units) of heat produced inside the boiler.
The NESCAUM emission standard was set at 0.44 pounds of particulates per one million BTUs
produced in the boiler (not delivered to the house). The EPA has set a guideline (unlike a standard, a
guideline is not enforceable) for outdoor boilers of 0.80 pounds per million BTUs. Most regulations
now in effect or being adopted in the region use one or the other of these two numbers. By 2010, the
NESCAUM model also calls for an even tighter standard to be adopted: 0.32 pounds per million
BTUs.
These emission level provisions are central to the issue, and controversial, because once adopted by
a state, they would force a manufacturer of traditional smoky boilers to either redesign its units or
retreat from the field.
Other provisions that NESCAUM
recommends include standards
for setbacks from roads and
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Clearing the Air: Outdoor Wood Boilers Face Regulation I Northern Woodlands Magazine 8/30/10 11:16 AN
111.......,.1•••
:r,.. v.iN.'r !r ;,.daur� n;t <a „I). r
iikil :r +rt; 'll+nt' 'f; ,■rhi rir. :r� ,I .1;lt r,, :7
fi
As important as these NESCAUM
tzn; al urnel constraints are, an equally
!srfa�nl >�,o,i important provision of the model
r_,r;,aca rule is that it applies to
?srlSenLFtl fa3• manufacturers, not to the
"Ire individuals who buy and operate
the boilers. Just as with
woodstoves, no one expects
some government employee to go
around checking on the volume of smoke coming out of a backyard stack. The rule envisions that
governments will set up certification systems that manufacturers will have to comply with in order to
sell their units in that jurisdiction.
A rule incorporating much of the NESCAUM model goes into effect in Vermont on March 31, 2008.
The emission standard will be 0.44 pounds of particulates per million BTUs and will improve to 0.32
pounds in 2010. Maine's law goes into effect at the same time, but using the EPA's emission
standard of 0.80 pounds rather than 0.44. Maine will, however, also go to 0.32 pounds in the spring of
2010.. Both states have setback and stack height provisions.
Many towns in other states in the Northeast, meanwhile, are Imposing restrictions of their own; these
vary widely in detail and effectiveness. At least 20 towns in Massachusetts have instituted at least
some controls. Several towns in the eastern Adirondacks are among the more than 50 communities in
New York that have either done so or are considering it. In early January 2008, for example, the town
of Essex, New York, adopted a rigorous, multi- pronged law for their community.
Ron Jackson, the town administrator in Essex, said that the issue had been very contentious but after
several public discussions, there was a strong consensus that something had to be done. The final
ordinance was one of the strictest adopted by a single community.
Out in the countryside, any new boiler will have to meet the 0.44 pound per million BTU standard.
This will eliminate many of the units currently on the market. The operator will have to burn seasoned
wood, or other high quality fuel such as corn,•wheat, soybeans, or wood pellets. In the historic district,
a hamlet surrounding the ferry dock on Lake Champlain, the boilers are banned entirely; the reason,
Jackson says, is that the houses are very close together and at a low elevation, so temperature
inversions cause smoke to sit down among the houses.
p
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44
neighbors, guidelines for opacity
of smoke (another indicator of
how cleanly a boiler is operating),
and minlmum smokestack heights
to protect against particulate
emission. Low smokestack
heights have been a particularly
vexing issue since, unlike indoor
woodstoves, whose chimneys are
required to be taller than the
surrounding roof and whose tops
are generally 20 to 30 feet above
the ground, the typical outdoor
boiler comes with a stack more in
the 10- to 12- foot -high range.
In the rest of the hamlet and running along the shoreline north and south of the ferry dock, there are
setback requirements. Any neighbor within 500 feet of a proposed boiler would have to agree in
writing not to object. Finally, in this district between the open farmland and the historic district,
mostly right along the lake shore boiler operation would be banned from May to September.
Other towns are still struggling with the issue. In Jay, a small town in the high peaks of the
Adirondacks, Randy Douglas, the town administrator, said his community has held a public hearing on
the issue but has not decided what to do. They have set up a committee to seek a compromise
between supporters and opponents of regulation.
Clearing the Air: Outdoor Wood Boilers Face Regulation 1 Northern Woodlands Magazine 8/30/10 11 :16 Al
Film Costs for Various Heating Systems
of Fuel filet Prt Price ptlf, 311Filion f_jficiency. price pr ,f IntrilITU ;idjustetl T::ia€ llouseliold EpprigY
aril (ttoira s1 for ollicienry Ido lar$3 ✓is€ per year ?CioV nr
n YAI :)(I ?r 'a1 i! :4 -i ,44 or i %is 11
.r,a n' W11) i 1 cord :e purcnasmi1
,',nqd 'tor r:ai lytit; SIMt7 S7 50 724 °E, 510 X12 St,6A2 (or less if
xloor wood stove?. pe.l +loin ;..o€ alp pitrctKv:ed)
ilfud:ier Iioo- calalvt ;1517 57 50 '..1;';r. :11 93 '.i:i 0 f +o5S:1
.t .1 1 101' wood stove, 1 per card t :iii pore.11a5et(i
.I SI-2A 23.3f1 7$%it 29 95 :2,95
;jar lialtail
'r .'tan!] 92 50 527.:37 .:31 58 A
03 4laifon
Eec tricrty. 511,156 per 518. 95% 511.92 4./82.
ktlovralt,ltou
iii ?1�Yf£•' CfhcIeJlCies and price per million Will b, $cd (I Li ?I£:[lrrtrl[7JI$ Jf the LR8l0V ftiformatir1J1 Jir1131N3rstraff0o. 1.1 ,5
Jrrrnerrf at EoeT rue/ vrrces are (asorl or? a'er ?gag for cereGr■ Vet" nt lr .J;fatii f y 7 ?k1 7.
AVR',$ 1a 6C.: FAS ''1.'r f
"One of the problems is what people are burning in them," Douglas said of the boilers. "You're
supposed to burn dry wood...?'ve seen with my own eyes the black smoke roiling right out of them,
and it leads me to believe they were burning something other than wood construction debris or
garbage or whatever. People are desperate," he continued. "Fuel oil is expensive, and people are
burning whatever they can to keep their stoves going."
The fact is, however, that developing regulations at the local level is particularly tough, socially and
politically. Tom Powers in Peru, New York, is acutely conscious of that every day. There were half a
dozen boilers in town in 2007 when Peru enacted a moratorium on outdoor boilers and set up a
committee to work on it.
"I don't believe the town wants to ban them," he said. "I wouldn't want to see them in the hamlet, but
if they were in the back woods, it wouldn't matter."
The members of the Town Council know all the residents who operate the boilers in town, including
within the hamlet. In a small town, it's hard to say no to your friends and neighbors. That's true even
though Peru is unusual in having a local law on the books requiring any Peru resident to get a town
permit before installing any heating device, even in the house. Of the dozen boilers now in town, only
one has such a permit. Will the Town Council move against these illegal boilers? Powers just doesn't
know.
fhe battle heats up
Estimates of the number of boilers operating nationwide run from 150,000 to 200,000, with very rapid
growth. There are dozens of manufacturers, many of whom are represented by a national trade
association, the Hearth, Patio and Barbeque Association, which has mounted an all -out defense of
their members' right to continue to produce and sell even the smokiest boilers. Advocates for
regulation, they charge, are simply trying to stop people from heating with wood.
The largest of the U.S. manufacturers is Central Boiler, Inc., of Greenbush, Minnesota. Rick Kezar,
sales and marketing director for Central, declined to disclose the emission figures for the company's
Classic boilers, one of the most popular units on the market, but he denied flatly that they were a
problem. He also acknowledged, however, that the Central Classic boilers could not meet the 2008
Vermont or Maine emission standards.
Advocates for regulation are betting that the tightened standards will lead to very sharp upgrades in
technology and that air quality will benefit from that. In fact, Dick Valentinettl, the director of the Air
Pollution Control Division of Vermont's Department of Environmental Conservation, notes that Central
Boiler has designed a bailer that would qualify for certification under the new Vermont law. At the time
this story went to press, however, there was some question of whether Central Boiler's "E- Classics"
were yet available for purchase.
Valentinetti said that he did not think That there would be any governmental moves to eliminate old
smokers that are already in place. Instead, they would be grandfathered in. Adam Sherman, an
analyst at the Biomass Energy Resource Center (BERG) in Montpelier, Vermont, says he worries
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45
Clearing the Air: Outdoor Wood Boilers Face Regulation 1 Northern Woodlands Magazine 8/30/10 11:16 A
about manufacturers dumping as many of their early boilers on consumers as possible before the
regulations take effect.
Phil Etter, environmental analyst for the Vermont Air Pollution Control Division, said that there are a
number of technical issues surrounding testing of the emissions and efficiency of outdoor wood
boilers, but that these are on their way to resolution. Once those are resolved, he says, there will be
no problem delineating high quality boilers, with advanced technology, from the old -style smokers.
Community boiler
One of the most striking demonstrations that it's
possible to generate heat sustainably and
cleanly with an outdoor wood boiler can be
found at a place called Cobb Hill in Hartland,
Vermont, a 270 -acre farm lying in a bowl of hills
a few miles west of the Connecticut River. Cobb
Hill is a co- housing project, comprised of about
20 families, with 40 or so adults and 20
children. On the valley floor, the residents
operate a farm that produces vegetables,
turkeys, meat chickens, honey, maple syrup,
and a herd of Jersey cows that supports a
thriving cheese business. Also on the site is the
Sustainability institute, which does research on
systems issues. Photo by Phil RIce
Aran Keirt feeds the Gam outdoor wood
The residents live in a necklace of homes that boiler at Cobb Hill in Hartland, Vermont
climb a steep rib of Cobb Hill northwest of the
valley floor. The organization and ethos that guide the group reflects the vision of the late Donella
Meadows, a systems analyst at Dartmouth College, who was one of the project's co- founders.
About halfway up the hill, roughly in the middle of the housing units, both duplexes and single- family
homes, is a low building that houses a Garn outdoor wood boiler and 60 cords of firewood. This boiler
provides 85 percent of the annual heat and hot water needs for 19 single- family homes, three
apartments, and a common house for the community. The remaining heat is supplied by propane. A
back -of -the envelope calculation shows the annual cost to be around $400 per family. By contrast,
the Federal Energy Information agency estimates that the typical per family heating cost in the
Northeast in the winter of 2008 will exceed $2,000. One -fifth of the cost, and of course, the Garn
produces minimal emissions.
The Cobb Hill boiler does exact a social cost that couldn't be met by the ordinary residential boiler
operator. The co- housing group assigns a resident to monitor the maintenance needs of the machine,
checking things like its gaskets and other mechanical parts, and watching the fuel use. The current
monitor is a retired physician, Alan Keitt; he is backed up by his predecessor, Phil Rice, an analyst at
the Sustainability Institute.
In very cold weather, the Cobb Hill residents add fuel to the boiler every hour for 19 of the 24 hours
in the day, which is part of the shared responsibilities. Loading the boiler, however, is very simple.
Open the door, throw two or three chunks of 30 -inch -long firewood onto the bed of coals, close the
door, and you're done. And the one boiler is heating 23 family units.
'We could have gotten a pellet boiler (with automatic feed)," Rice said. 'But chunk wood is local and
it has much less embodied energy than wood pellets. You have to pay attention to what you're doing,"
he continued. If you just want to turn on a thermostat, don't heat with wood. When you handle the
wood that heats your house, it closes a cycle in your mind. People who move here from the city now
appreciate how the whole healing system works. I think that's critical."
Rice said that getting the five -A.M. shift enriches his life. "It's my time to see Orion, the great winter
constellation. t see it at night when it's coming up, and then, at 5 A.M. I see it going down. I get to see
some glorious things."
Whether the outdoor wood boiler industry itself will see similarly glorious things remains an open
question. The next few years will see more and more states and towns adopting regulations, while
manufacturers will come out with new models to try to meet those regulations. Outdoor wood boilers
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Clearing the Air: Outdoor Wood Boilers Face Regulation I Northern Woodlands Magazine 8/30/10 11:16 A
may yet become the right answer to how best to heat a house in the Northeast a region where
those houses are surrounded by the fuel that heats them.
Hamilton E. Davis is a writer from Burlington, Vermont.
2008 by the author; this article may not be copied or reproduced without the author's consent.
,:ahnreThis 1 t top 1 fit the Features archive._
i ietts it n
A very clear update on the updating of wood boilers. About time. I suppose I will be next
in line to get one installed in my house. At present I have an oil burner, which is a cash
cow for the oil suppliers, and as far as I am concerned, is draining away all my savings.
Al Sayee in NY 11742 1 Apr 05, 2008
We were just at an Energy Emir in Custer, Wisconsin. We will be converting our curved
roof barn into our home (barn footprint is 38 by 104 feet, and 25 feet to- the peak). We
are looking at alternative sources of energy for heating/cooling the structure and thought
that the Energy.Fair would ba a great place to get educated. We wanted information on
Wind Turbines for electricity generation, solar for both PhotoVoltaic and passive heat capture, etc.
We currently heat our –2,000 sq ft (totally uninsulated) 150 year old farm home with an EMPYRE
450 outdoor wood burner, using pallet wood. Only way we can afford to heat id
White wandering around the exhibits at the Energy Fair my wife, my step son and I unexpectedly
came across the GARN booth and got excited highly efficient burn, nice reservoir of stored
heat, and we CAN put it into the basement (formerly milking parlor) of the barn /home. Pretty
awesome.
The information we got from the GARN GUYS alone made our 3 hour drive to the Energy Fair
worth the trek.
My wife particularly likes (a) the fact that there is negative air pressure 'at the door' so no more
smelling like a fireplace after loading the burner, and (b) we can have the unit inside the house
so no more getting all bundled up just to go out and Toad the burner.
1 1 agree we WILL be buying a GARN for the healing of our soon to be converted, new home. We
I will sell our 3 year old EMPYRE outdoor wood burner (which has and continues to function
admirably for us) and move to the GARN.
Flank Daum in South Westem Wisconsin 1 Jun 23, 2008
Very nice usable information and advice. Our home has eastern exposure, no tall trees
around close urban area, I am thinking to install sun water heating system and electric
collection panels. At this moment searching for information and costs associated with it.
If you or same one has ability to help us we appreciated.
Waiter Kozlowski in Plainville CT 1 Jul 05, 2008
Walter
f I highly recommend the forums at the website http:i /www nearlh, cam. The "Green
Room' has many discussions about solar, and the 'Boiler Room" has lots about wood
gasifying boilers. We are currently installing a wood boiler at our home and already have solar
electric and hot water systems in place.
In general, the thinking seems to be that heating a house in New England entirely with solar hot
water is not a good way to go: You'd need a very large number of collectors for the winter (8 -12,
maybe more), and would need to drainlcoverlremove all but 2 or 3 of them in the summer to keep 1
the system from boiling. The current thinking is to install enough solar to provide all of your
domestic hot water during the non heating season, then use a wood boiler for both during the
heating season.
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Clearing the Air: Outdoor Wood Boilers Face Regulation 1 Northern Woodlands Magazine 8/30/10 11:16 A
Good Tuck!
:114,ck NnoC:tor, t )1ino'rn WoodlandI; in Corinth, VT I Jul 22, 2008 1
The problem is this as quoted by the U.S. EPA: 'Current outdoor wood -fired heaters are
substantially less efficient and more polluting than other home heating devices." That
pretty much sums it up. An OWB creates on average 72 g/hr of pm 2.5 particulate
matter as compared to other forms of heating (even with wood) of; OWB 72 g /hr
Conventional Wood Stove 18 glhr EPA Certified Stove 6 g /hr 011 Furnace 0.07 g /hr Gas
Furnace 0.04 g /hr Secondly, these DON'T 1 repeat DON'T save a person money. These cost
around at minimum $10,000 to install and operate before you even throw your first log on the fire?
So when someone claims "I can't afford my bills" well they sure could afford $10,000 to buy on of
these monstrosities. I know I don't have $10,000 to throw down on anything much less, something
like this. So don't believe the "I'm so poor I can't heat my home" argument because it is all bogus.
So in closing would you want this across from your house?
Air Freedom in Minds I Jul 26, 2008
Please visit the websites below to learn more about OWBs and the victims they have
claimed throughout the U.S.:
illtp://www.rnyspacacomiireecinmotair
iltp://www.freeweixt.cornitreeciornotair
http: /hurningissues.org
AU' Freedom In fIllnois I Jul 26, 2008 j
First comment would be, Where are you getting your numbers' on a cord of dry
Firewood $150 yeah, maybe 15 years agoll Let's start with true numbers, say $300 j
for dry, $250 for seasoned, and $225 for green. Those are real numbers in northern NH. 1
mike 1 Oct 0, 2008
For those who read the comments about it costing $10,000 to install and purchase a
OWB and were horrified, no worries. Check eBay, that poster obviously has no common
sense or simple mechanical knowledge to be able to hook one of these up. Second
although firewood may cost "$300" for a cord it is obvious this person has never
considered cutting it themselves.
Adam In Whole 1 Oct 26, 2008 I
We decided not to build, but to restore an 1880 farmhouse 10 years ago. We soon
learned that the 1975 oil boiler was about 70% efficient and consumed 1700 gallons per
year. At $4.60 per gallon (which is a little cheaper than most liberal dems like to see !t),
would cost us $7,000.00 plus per year. The new e- classic OWB will use around 8 cord 1
per year at $225.00. It is not your daddy's OWB and was pricey but you do the math! Get
serious! is there any form of energy liberals would be accepting ofl You name, and they will find I
fault with it1 I'm just waiting to find out how I will be punished for this purchase, probably a phony j
global warming wood tax underl
Mark in Maine I Nov 06, 2008 1
Living in northern Indiana 1 grew up on a farm and cutting firewood was a big part of my
life. I enjoy everything from cutting to hand splitting the wood. My dad used a Vermont
Casting wood stove, now 1 do as well. Mine has a catalytic system that burned out the
first year of operation. It continues to do the job yet uses more wood. A Garn is in my
near future. The more people that think us wood burners are nuts, the better. More sources for
uslll!t Like my grandfather said "This is the fuel that warms you twice." Working to get it, and the
reward of free heat. I don't understand burning green wood, dry is better in every way. Many of
the people who just can't mind there own business talk about us hurting the environment with
smoke from natural .wood in my area are the same people wanting to install a 17 mile paved bike
trail through farms and people's back yards. That's good for the earth, more asphalt. How many
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Clearing the Air: Outdoor Wood Boilers Face Regulation 1 Northern Woodlands Magazine 8/30/10 11:16 A
C
poisonous gases will be let in the air laying 17 miles of asphalt on old railroad stone going from a
town of 2000 to a town of 500 with nothing in between. My point is some people's hypocrisy have I
no boundaries. Burn because we can and enjoy what goes with it. I love Stihl chainsaws, I love j
my grandpa's old ax. 1 love wood heat, I try to burn clean with seasoned hardwood. I figure
cutting and burning wood disturbs environmentalists enough, next they will come after my dirt
bikes. I love getting fired upl!!1111
Kerry in Northern Indiana 1 Jan 18, 2008
We have lived downwind of a Woodmaster ss434 for eight years. It stinks up our field
and yard and comes into our house unless you keep every window door shut tight.
We have spent decades and thousands of dollars making our acreage a clean and
lovely outdoor recreation area, which is unusable for half of the year because of the
discomfort of breathing
the burning creosote. We have burned wood in the past, (for one winter our only heat was an
indoor wood stove) so we're not anti -wood burning. The boiler owners have refused to raise the
stack (no reason given), and the wife has shouted from her front porch (they built right behind us
even though they have 14 acres) that she hopes the smoke kills us, and to choke on it. They
don't cut their own wood, the only time they step outside is to load the furnace and drive away.
They have no outdoor activities, and don't care that they ruin ours. It almost seems like they enjoy
it and after reading some of these posts, 1 believe they do. So much for Love Thy Neighbor.
Vivian In Central MA I Jan 24, 2009
Air freedom, Kerry is right (but Mcculloghs are better saws hypocrisy is the MO for
some. when you and your ilk and neighbors stop burning coal for electricity, then and
only then can you complain about particulate matter, Vermonters live downwind from
you, and don't butt into others affairs. Same with Vivian. The folks living downwind
OWN that land and have a right to use it as they see ft instead of their whiny neighbors, If you
want the stack raised, offer to pay for it, otherwise keep it to yourself. Savings from an OWB are
enough for me to buy a $10,000, unit, with expectations of at least 3/4 savings on my annual
propane bill of $3500, and still have time to catch 1000 perch through the ice during winter. Since
I already have a recreational pyro pit entertainment center, my neighbors are used to smoky fires
on a cool spring or fall night, and learned to shut the windows.
Jim In United States 1 Mar 16, 2008
wow Jim, you sound like the big shot organizer telling everyone what they can and can't
do. What a terrible attitude you have. I'm very happy you are not MY neighbor. How
dare you say the affected residents should pay for a stack height Increase? And your
comment about "whiny" neighbors living downwind is as rude as your entire post. When
the "wood dust" settles in your lungs, in reality, burners are the perpetrators and non smokers
own the rights to breathe clean fresh air over their perp neighbors' wood burning whims and
thoughtlessness. Why don't you become a fireman? Oh, btw, don't firemen wear masks when
they're around burning houses? Why? To protect their lungs!!! Who in their right mind wants to
inhale noxious, carcinogenic wood smoke? Unless maybe they are addicted to burning wood
which parallels tobacco addiction. Tobacco and wood smoke are closely related and both are
killers.
vky in New York 1 Apr 17, 2009
f
Some FACTS for wood burners.
htlp://www.burningissIles.orgil
land there are plenty more facts, illustrations AND actual videos online besides the ones listed on j
the link above.
Try reading and becoming educated before you judge someone who does not want their lungs
and homes filled with someone else's putrid wood smoke. Ughl
"v in New York I Apr 17, 2009
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Clearing ;he Air; Outdoor Wood Boilers Face Regulation I Northern Woodlands Magazine 8/30/10 11:16 A
1 would like to clear a few things up. |have actually installed a OWB in1999,|have
invested $7600.00 in the system. Thie includes a 16 by 32 wood storage bum, all the
components to heat my water, house, a 40 by 40 pole barn, and my hot tub that 1 sit in
and watch my OWB at Work, 1 am not sure where niost o( you are buying your wood at
200-300 a cord, have never spent more than 60 a cord. buy my wood by tha pulp ound, that is
uym log truck @$H26.0Om load which gets ma23 face cord. So the polnt is that sonle of you
trying to point out how expensive it is to install and operate a unit need to take another look. I
spent about $925.00 this winter n Northern Michigan to heat all items nlentioned, betore this
OWB it would have cost me about $4000.00. Every time that great big pig on wheels comes to
my house to bring niethat tran||yo|man''pmpane''itwmulduootma00U'12O0nnohdmnnt 3-4
times a year. The best part is that 1 have the ability o install alt of this mysaif, it was one of the
greatest things I ever did, and it is really paying dividends now. My second point is that if you
think that because some guy delivers your heat by truck you are some how helping the are we
breathe you need to re think that. 1 do understand how it migilt be frusirating for sonie of you
living next dobr to one on some days, but lets get real, tha wind direction is continually changing,
so I no it isn't as bad as you would like everyone to believe. You really should be proud of your
neighbor's if you truly care about the planet. really doubt that for most of you your issues with
your neighbors have anything to do with there OWB.
Brad In Charlevoix the Beautiful, Michigan !Apr 30, 2009
Tests done by the Northeast States for Coordinated Air LJse Management (NESCAUM)
found that the average fine particle enlissions (a particularly harmful pollutant) frorn one
OvvB are equivalent to the ernissions from 22 EPA certified wood stoves, 205 oil
furnaces, or as
many as 8,000 natural gas furnaces. One OWB can emit as much fine particle matter as four
heuvydvty diesel trucks on a grams per hour basis. The smallest OWB has the potential to emit
almost one and one-half tons of particulate matter avery year. Wood snioka travels far into the
atmosphere where the fine particles pollute clouds and cause giobal warming—and YES Mark
thoe IS such a thing aog|oha|warming.
Huntington NY just BANNED OWBs because of excessive carcinogenic smoke. An OWB
distributor from Catskill NY mgmod, these devices have no place on less than 6 acres. would
think Counoi|mombpmn and OWB suppliers have more knowledge than you peop!e do. 1 for one du
not and WILL not breathe anyone's wood smoke.
We're working on drafting and revising wood burning laws. Don't waste your money on these
OWBs people. They'll eventually be banned or very strictly regulated. Put on a sweatshirt until
cleaner heating alternatives are availeble
To Jim: own rny land too. Wh should sonieone else have the right to irifect my home with
harmful wood smoke? Where are my rights? Do have to live with the smoke to please burners
so they can save money at another's expense?
vo:ky in New York I May 30, 2009
VisKxtipzwvw*.bmninqwxuou.org for important iriformation, along with
hun:xmwoep»pu000.x"o.uom
xup;mw*w_clpmnoirho4uonzom
;me'U be proud of our neighbors when they use clean energy, rather than burning wood that
creates black carbon soot.
v»`kvm New York May 3o.sovo
really be clear Brad. Your argument yourself.
����.��c���b�t�n�m�e��e and �m�g�upo�����n
i and hovnraU around neighborhoods, especially on still days and nights, even infiltrating
houses that are tightly closed. 1 would like everyone to HOW BAD
ia| Living between one OWB and a few wood stoves put me and some other neighbors into the
hospital last year. YOUR savings wilt ba someone ame� medical bill, 1 don't inhale auto tail pipe
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50
Clearing the Air: Outdoor Wood Boilers Face Regulation 1 Northern Woodlands Magazine
emissions nor do I hang my face over my oil burner chimney, therefore I am not ingesting the
excessive amount of poisons that your OWB is delivering to your neighbors' lungs and also to you
while you sit in your hot tub breathing poison. Burning wood is a filthy, self centered habit:
To Jim: i own my land too. Why should someone else have the right to infect my home with
putrid, harmful wood smoke? Where are my rights? Do have to live with the smoke to please
burners so they can save money at another's expense? Burners should live in isolated regions
where there smoke remains THEIR smoke.
.'ickv in New York! Jun 01, 2009
Hey Vicky,
By this time next year I will have installed a wind turbine to supply electricity to my
house, hot tub, barn, and my outside wood boiler. Are you going to have a problem with
my wind generator too?
If your neighbor installed one would you be the type that complains about the noise, the way that
it might appear, or that a bird might fly into it and lose its life? Or would you be proud of the fact
that your neighbor is doing his part to help the environment?
Brad in Charlevoix the beautiful Michigan/ Iraq 1 Jun 26, 2009
There are people out there who will not be happy till we are once again rolling in our I
own filth like animals.
Don't try and reason with that type. Theirs is a faith based religion, not logic.
Operations 1 Sep 29, 2009
Vicky just wanted to let you know that the Globe has been consistently cooling for the
past 10 years and now some of the major atmospheric researchers believe we may be
in for a mini ice age. Global Warming has been a big money grab since it was
manufactured. Although if it is true and the earth is cooling we should encourage
everyone to use outdoor wood boilers to SAVE THE EARTH.
Lee in Upstate NY 1 Oct 11, 2009 1
I would encourage the burning of wood, and do...BUT...responsibly. A simple test of
ANY wood burning appliance, to see if it is efficiently burning ...is...if a lighted rag or
torch is placed at the outlet of the chimney, and IF the smoke burns, you have less than
complete combustion. NOW, in practice, this may result in a chimney fire OR explosion
in the flue /chimney. The point is, 30 of the available energy in dry /seasoned wood is in the
gaseous volatiles produced from the initial burning process. Hence, who in their right mind would
buy a tank of gas and then pour a 1/3 of it on the ground..
As I have info on combustion, your OWB should be refractory/brick lined in the initial combustion
chamber, and the 'after' chamber, or secondary. The stack should be at least 12ft minimum in
height...AND...insulated. That allows the unburnt gases to be emitted to the atmosphere...
albeit...annoying and rude to any neighbor within 1/3 mite of your installation...downwind. And,
another thing is tending the unit, cleaning often, checking the auto controls, etc, etc. The smoke
should not be 'biting, or rancid, or foul' but the sweet smell of properly burned wood.
Rich Michaels in Penn 1 Oct 18, 2009
All of Vicky's comments are nullified by the fact that she thinks global warming is true. It 1
is the biggest crock In the history of man kind. Yes some of the early OWB built in
peoples garages put off a lot of smoke. My OWB puts off so little smoke that I have to
check it periodically to make sure it is still on. And it always has been. I could use old
cars as a case for why we should.outlaw cars because of the pollution they put off, but that would
be as unintelligent as your reasoning seeing the modern cars emissions have been totally
revamped. Also just an FYI even without reduced OWB emissions, burning wood is carbon
8/30/10 11 :16 Ai
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51
Clearing the Air: Outdoor Wood Boilers Face Regulation I Northern Woodlands Magazine 8/30/10 11:16
neutral as a log decaying in the woods puts off as much of a carbon foot print as if it were
burned. So either way it is the same. All the liberal power -hungry people in government want to
find more ways to regulate, so when ignorant people cry and whine about a practice that is as old
as the world (burning wood for heat) they jump on the regulation band wagon. Very sad.
Jon in Michigan 1 Oct 19, 2009
Brad from Charlevoix? How do I hook my hot tub up to my wood burner? I know I can
do it just can't find Instructions on how? ;o)
Gall in Central, MI 1 Oct 22, 2009
The crux of the whole outdoor woodstove issue centers on emissions. Tier 2 White
Tag standards go a long long way to addressing this problem. You can see a you -tube
of a Garn installed in Minnesota without need for a chimney. The exhaust is as clear as
a balanced flue fossil fuel heater.
As for not breathing vehicle exhaust and suchlike try a trip up the CN tower on a humid summer
day and see the smog blanketing Toronto. A month ago I was high up on the Pennines and
;watched a blue haze drift west to east over the hills from Lancashire and south Yorkshire filling
the Holme valley. Wood burning is not an issue there but industry and transportation is. I own an I
outdoor wood stove and am dissatisfied with it but realize, and see, very efficient models are in i
use and plan to up- grade. Probably a gasification type.
For those in a suitable location wind turbines can power water heaters and the nice thing is that
as high winds increase heat loss they also contribute to heat supplyl
Richard In BeIlevllle Ont. 1 Dec 06, 2009
All people who have the property and ability to pay for and operate a wood stove or
OWB (requires money and labor no matter`what your circumstance), in compliance with
the local and state regulations, have a moral and patriotic obligation to do so.
My OWB prevents us from burning about 1,100 gals of No. 2 fuel oil a year. This is enough oil to
send a loaded tractor trailer from coast to coast and back again. The oil 1 save can be used by
someone who doesn't have the same circumstances. The hardwood I burn is a local resource and
supplied by local labor and hard working people to whom I pay a good wage. No Arab shieq or
South American dictator is required!!
America must get a lot smarter and use our ingenuity to break the back of terrorist nations and
move ourselves to energy independence(much) sooner than later.
Until hydrogen fuel cells are perfected, there are few options. Wood stoves and OWBs for winter
heating are a great option. Wood burning may not be the best solution if you want to count
particulate matter but it works, its a plentiful local resource and it's safe when done responsibly.
No more wars over foreign oil. Think energy independence and self reliance.
Tim the conservationist in Connecticut 1 Dec 09, 2009
moved after living in 1 location 23 years due to outdoor stove no neighbors had a
stove in new location for 4 years now there is no clean air to breath even inside my
house. Can't wait for the outlaw of these smoldering pieces of junk. Need
representatives to pass laws.
mark in CENTRAL MICHIGAN f Dec 11, 2009 1
The problem with the majority of outdoor boilers is that they aren't used correctly...
because the manufacturers don't always tell you how to use them correctly. Almost all of I
these boilers are designed to gasify their fuel. Air is introduced in a way that the fuel is I
supposed to smolder, releasing flammable gases (largely CO), more air is then
introduced to burn off the gases. The problem is that if you attempt to slow this gasification
process by shutting down the air (damping) the flammable gases never burn, and leave the
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Clearing the Alr: Outdoor Wood Boilers Face Regulation I Northern Woodlands Magazine 8/30/10 11:16 F
chimney as the thick whiteish gray smoke we see. When a wood fired appliance is hooked directly
to a thermostat, this is exactly what it will do; when the thermostat stops calling for heat, it closes
the dampers on the boiler, and you get incomplete combustion.
For this to work, the fire must be burned flat out as hot as possible, and the heat collected and
stored in, for instance, a large tank of water. Then the heat can be taken from the water as it's
needed without having to control the fire. This is similar to what the Garn does. It has a huge
reservoir of water that it heats up, With the addition of a properly sized heat storage tank, any
modern gasifying boiler can become very efficient.
Ethan in Vermont 1 Jan 08, 2010
Whoever doesn't like the smoke needs to move back to the .city and inhale the smog
there. Burning wood does not produce harmful gasses into the air. It does not harm the
environment. Fossil fuels DO. Wood does not add greenhouse gasses to the
environment, Fossil fuels DO. This regulation will damage the economy of Pennsylvania
by killing jobs and by increasing the heating cost of many homeowners by over 400 percent. The
Commonwealth consists primarily of heavily wooded, rural areas. It makes no sense to burden
the citizens of our entire Commonwealth with a rule that really only applies to densely populated
areas that constitute a tiny portion of the Commonwealth. 1 believe that any needed regulation
should be left to local municipalities. Thank you.
Nancy T. Ambler In Kirkwood, Pennsylvania I Feb 03, 2010
Great articlel Gasification wood boilers are often left out of discussions about OWBs
and wood burning regulations,
I have been using a Term gasification wood boiler for the last 4 years and constructed
my own 1000 gallon heat storage tank two years ago. 1 can attest to the clean burning, high
efficency, low wood consumption of these gasification wood boilers. They burn so clean that I can
actually heat my storage tank in the summer once per week and get all of my domestic hot water
from wood year round. My home is 100% fossil fuel free. The high cost of the units and
installation are quickly recovered with the savings from no longer needing to pay for high priced
fossil fuels.
You can read gasification wood boiler reviews at my website WoodNotOil.com to see what brands
and models are on the market, There are also articles and a discussion forums to help you
understand gasification and heat storage.
Andrew in Vermont! Mar 08, 2010
Getting back into the fray....Those who make complain that "Outdoor Wood Burners"
(OWBs) are smoke and pollution belchers are unfortunately for the most part quite
correct. I have one. It produces lots of smoke, sometimes embarassingly so. 1 can't wait
to replace it with a 'GASIFYING Wood Burner'.
Andrew in Vermont makes an extremely important discinction. Outdoor Wood Burners versus
Gasification Wood Burners. Huge difference(s).
When one is in the country and sees an out -house looking building belching smoke out its short
chimney they are looking at what most would call an Outdoor Wood Burner. Most people
(including myself, until I got educated) are inclined to think that all wood burners will produce
smoke like that. This jsut isn't true, and it is embarassing that the makers of the gasifiers have
not educated the public on how truly clean their wood burners are.
The smoke belching units use old technology which could (should?) best be eliminated by
legislation --Stop selling this polluting technology, but allow those currently out there to continue
to burn until they 'burn out'. My wife and I have been using an OWB for 4 years, it saves us
about $3K per year by not having to purchase propane to heat our virtually uninsulated 120 y/o
farm house. Our unit is a smoke -and- pollution belcher, and I am excitedly awaiting the install of
our GARN wood burner (gasifier) for heating our barn turned -home which is under construction
{we will bull -doze the current home once the barn /home is complete).
Our OWB is likely 35% efficient, the Garn is —85% efficient efficiency meaning the unit will utilize
35% or 85% of the heat content of the wood to heat the house. One major difference in the two
units is the OWBs don't burn the creosote /smoke, it goes up and out the chimney, whereas the
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53
Clearing the Air: Outdoor Wood Boilers Face Regulation 1 Northern Woodlands Magazine
gasifiers BURN the creosote/smoke.
We will no longer be polluters the GARN wood burner /gasifier (a true gasifier) will meet the
EPAs emission standards. In fact, it is apparent that even thirty -year old units will meet the
standards the EPA is just now instituting.
A gasifying wood burner has essentially two burn chambers. The first (primary burn) chamber
burns the wood essentially as a conventional fireplace does. The second chamber (preferrably
lined with some type of ceramic) burns the creosote and gases (smoke) produced by the primary
burn, at temperatures in the 2,000 degrees Fahrenheit range. Once that ceramic secondary burn
chamber is up to temperature there is virtually no smoke the only thing which comes out of the
unit is water vapor.
I have read on various forums where people state that when converted from what most of us
would call an OWB to a gasifier (a Garn, a 'farm, a Wood Gun, and many other reputable
manufacturers) the 'smoke' was so greatly diminished that their neighbors asked them if they had
QUIT burning wood) Quite a testament to how well the gasification process works.
Sincerely,
Hank in SW Wisconsin
Henk Daum in SW Wisconsin 1 Mar 12, 2010
"Whoever doesn't like the smoke needs to move back to the city and inhale the smog
there. Burning wood does not produce harmful gasses into the air."
Respectfully, did you take a close took at the Comparison chart up above? Living in the
vicinity of someone who heats with a poorly engineered or improperly operated wood burner can
quickly turn your Ilfe into pure misery. There's not just the persistent stink, which can't be kept
out of the most tightly sealed house; for many people —such as adults and children with asthma,
older people with cardiovascular issues, etc—there can be very serious health consequences.
In my suburban area of Northwest Indiana, the uncontrolled spread of wood burners is becoming
an epidemic. There's little or no regulation. I'll probably soon be driven out of the area I've lived
in for 35 years, because it's hard for someone with asthma to live all winter under a ground
hugging blanked of air pollution.
Why would anyone think they have a right to foul the air above everyone else's property line?
J. Peterson in northwest Indiana !Apr 12, 2010
This is an update to a post made in 2009. After 10 years of living downwind of a boiler,
our neighbors on the other side of our property installed one just before the state made
them illegal -a regulation loophole was left open so dealers could clear their inventory.
The net result of this is that at the age of 59, having no other health problems, I have developed
"pulmonary reactive disease commonly known as asthma. My doctor and the pulmonary
specialist who tested me have advised me to avoid the smoke at all costs, including sleeping in
the tv room, to stay in the house with windows shut when the smoke is detectable (living between
2 boilers 600 feet apart that means every burning day short of gale force winds), to use an inhaler
if I need to be outside for more than a few minutes.
Wood boiler owners trivialize the problems they cause because well, ifs not their problem and
because like most other people, putting money in their own pocket justifies
any negative effect their actions might have on other citizens.
The problems caused by Enron, Wall Street,BP,for example, ail seem justified at the time because
money was being made, or saved, by ignoring possible consequences down the road.The wood
boiler industry was just using the standard business model to succeed, and pass that credo on to
the boiler owners.
In other words, Greed is still "good" in the eyes of those who profit from it, and bad for us "small
people" who might suffer from it. No amount of regulating, philosophizing, science teaching,or
preaching is going to change the mind of anyone putting "free money" in their pocket.
All of us, we and our neighbors, feel like our civil rights and personal freedoms are being abused. I
want my health and freedom to use my property at will they want the freedom to save money on
heat with an outdoor boiler. Both can't co- exist. These are the facts.
8/30/10 11 :1G At
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Clearing the Air: Outdoor Wood Bolters Face Regulation 1 Northern Woodlands Magazine 8/30/10 11:16 A
Vivian in Central MA 1 Jun 17, 2010 I
The year Of 2007 -08 we spent about $3000 heating our home and water. We bought an
E Classic in Aug 2008, We cut our own wood at a cost of about $200 to $300. Granted
it does generate some smoke, but so did our old fuel oil furnace. We have only two
neighbors, both about 100 yards from our boiler —one NE and one NW (upwind most of
the time). And guess what they heat with —wood. My next nearest neighbor is a mile away.
f spent $10000 by the time I had it completely installed, which I did myself.Financiaily, it is a no
brainer. I will admit I burn some green wood mixed with seasoned wood, but the coals from the
green wood generate an incredible amount of heat just bythemselves.
I really don't understand all these so called environmentalists. Wind turbines generate no smoke
and as far as I can tell, are not a hazzard to anyones health, but they are opposed to them too.
I guess the solution is to drill more oil in the ocean. Or import it from Iraq. Thats a plant
Sam N. €n Western NY 1 Jun 28, 2010
Babington style waste oil heater pumps
The cam gear pump works fine for filtered WVO or used motor oil Babington heaters
and I have Installed it on my Babington style heaters. Ldu Company's stock number is
450516 The only thing about the cam gear pump is that the fire kind Of pulses as the cam gear
rotates. If you use the spur gear pump that is LDU's stock number 450512 then you get a steady
non pulsing fire. The WVO pump website is http:1 /www.liangdianm :p .corn/subpages /oiipump__Lhtrn
or you can click through to the tools section from the home page at httpl/www.L[)Ucompany.com
LOU Company also has other parts that I use for building my waste oil burners, like gear reduction
motors. I find it best to turn the pump slower because you really don't need a whole lot of oil
dripping on the atomizer ball.
3tickyDrurGuy In china 1 Jui 14, 2010
2010 by the CentCrfor Northern Woodlands Education 1 1776 Center idoad, P O. riox 471. ;..orintti. Vr 05039
000) 290 -5232
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55
To: Planning Zoning Commission
Date: August 25, 2010
STAFF REPORT
Res: PZ 10 -36
GENERAL INFORMATION
Applicant:
Rick Koch, City Manager
City of Kenai
210 Fidalgo Avenue
Kenai, AK 99611
283 -7535
Requested Action: Rezone Heavy Industrial (IH) and Rural Residential
(RR) to Conservation (C)
Legal Description: *Tract B City of Kenai Boat Ramp ROW Dedication
*Tract C City of Kenai Boat Ramp ROW Dedication
Tract D, City of Kenai Boat Ramp
Gov't Lots 6 7 10 SE1/4 SE1/4 IN SEC 8 GL 6
SE1/4 NE1/4 SE1 /4 NE1 /4 SW1/4 S1/2
SW1 /4 IN SEC 9 GL 1 4 THRU 6 NE1 /4
NE1/4 IN SEC 17 EXCLUDING THE KENAI RIVER
CROSSING ROW BUT INCLUDING THAT PTN IN
SEC 9 AS PER COMISSION ER DEED 0359 920
Gov't Lot 7 IN SEC 4 GL 9 THRU 11 IN SEC 5
GL 4 THRU 14 SE1 /4 SE1 /4 NE1/4 E1/2 E1/2
SE1/4 IN SEC 7 GL 1 THRU 5 NW1/4 NE1/4
SW1/4 NW1/4 IN SEC 8 GL 4 IN SEC 9
EXCLUDING THEREFROM KENAI SPIT SUB NO 2
THAT PORTION AS PER QC /D 33 81
Street Address: 1571 Boat Launch Road
1550 Bridge Access Road
1730 Bridge Access Road
No Address
No Address
KPB Parcel No.: 04945003, 04945004, 04945005, 04910014, and
04910051
Existing Zoning: Heavy Industrial (IH), Rural Residential (RR)
Current Land Use: Vacant
Land Use Plan: Industrial and Conservation /Open Space
57
PZ10 -36 Comments Page 2
ANALYSIS
This is an application by the City of Kenai to rezone five (5) parcels,
approximately 1,023.84 acres of City owned land from Heavy Industrial and
Rural Residential to Conservation. These parcels are located off Bridge Access
Road and adjacent to the Kenai River. While reviewing the proposed Cook Inlet
Natural Gas Storage facility project, the area was reviewed for land use and
wetlands classification. These properties are predominantly wetlands and
should be preserved. The intent of the Conservation zone is, "The C -Zone is
intended to apply to areas which should be preserved primarily as open areas
and as watersheds and wildlife reserves. "1
The Comprehensive Plan classifies the area as both Heavy Industrial and
Conservation. The Plan notes that, "the exact definition of land uses by parcel
is to be determined by revisions to the zoning map. "2 The Plan defines
Conservation as, "The Conservation district applies to public lands whose
primary use is open space, recreation, fish and wildlife habitat, drainageways,
floodplain, and wetlands. Some public improvements may be appropriate within
appropriate design guidelines. "3
KMC 14.20.270 describes amendment procedures. Section 2 states,
"Amendments to the Official Zoning Map shall be considered only if the area to
be rezoned contains a minimum of one (1) acre (excluding street or alley rights
of -way) unless the amendment enlarges an adjacent district boundary." The
proposed rezone meets the requirements for an amendment to the official zoning
map.
RECOMMENDATIONS
The City of Kenai is applying to rezone approximately 1023.84 acres of City of
Kenai owned land located off Bridge Access Road and adjacent to the Kenai
River from Heavy Industrial and Rural Residential to Conservation. This land
contains pristine wetlands that should be preserved. Rezoning to Conservation
would provide for the traditional uses of the land while preserving the land as
open space. The existing zoning is not appropriate for wetlands and rezoning to
Conservation meets the intent of the Conservation zone and is in harmony with
the Comprehensive Plan. Recommend approval.
ATTACHMENTS:
1. Resolution No. PZ 10 -36
2. Application
3. Map
1 KMC 14.20.070(a)
2 City of Kenai Comprehensive Plan Page 25
3 City of Kenai Comprehensive Plan Page 29
58
CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION NO. PZ10 -36
tlre4 REZONE PERMIT
KENAI, ALASKA
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF
KENAI RECOMMENDING APPROVAL TO THE KENAI CITY COUNCIL OF THE
REQUESTED REZONING SUBMITTED BY
NAME: Rick Koch, City Manager, City of Kenai
ADDRESS: 210 Fidalgo Avenue, Kenai, AK 99611
LEGAL: See Attachment A B
PARCEL 04945003, 04945004, 04945005, 04910014, and 04910051
WHEREAS, the Commission finds the following:
1. The subject properties are currently zoned Heavy Industrial/Rural Residential /Conservation
2. The present land use plan designation is Heavy Industrial and Conservation/Open Space
3. The proposed zoning district is Conservation
4. An appropriate public hearing as required was conducted September 8, 2010
5. That the following additional facts have been found to exist:
6. Applicant must comply with all Federal, State, and local regulations.
NOW, THEREFORE BE IT RESOLVED, by the Planning and Zoning Commission of the City
of Kenai that the petitioned REZONING of City of Kenai parcels as shown on Attachment A
and B is hereby recommended to the Kenai City Council.
PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF
KENAI, ALASKA, September 8, 2010,
CHAIRPERSON: ATTEST:
59
Attachment A PZ10 -36
60
PARCEL
LEGAL DESCRIPTION
1.
#04945003
Tracts B City of Kenai Boat Ramp ROW
Dedication
2.
#04945004
Tracts C City of Kenai Boat Ramp ROW
Dedication
3,
#04945005
Tract D, City of Kenai Boat Ramp
4.
#04910014
Gov't Lots 6 7 10 SE1 /4 SE1 /4 IN SEC 8
GL 6 SE1/4 NE1/4 SE1/4 NE1/4
SW1/4 S1/2 SW1/4 IN SEC 9 &GL1 &4
THRU 6 NE1 /4 NE1 /4 IN SEC 17
EXCLUDING THE KENAI RIVER
CROSSING ROW BUT INCLUDING THAT
PTN IN SEC 9 AS PER COMISSION ER
DEED 0359 920
5.
#04910051
Gov't Lot 7 IN SEC 4 GL 9 THRU 11 IN
SEC 5 GL 4 THRU 14 SE1 /4 SE1 /4
NE1 /4 &E1 /2E1/2 SE1 /4 IN SEC &GL 1
THRU 5 &NW1/4 NE1/4 SW1/4 NW1/4
IN SEC 8 GL 4 IN SEC 9 EXCLUDING
THEREFROM KENAI SPIT SUB NO 2
THAT PORTION AS PER QC /D 33 81
Attachment A PZ10 -36
60
Proposed Rezone PZ 10-36
Heavy Industrial and Rural Residential
to Conservation
61
Oft
sez.• Lzi
.-1 Jsiz r." 1 4-
j
",7:::Ti5 .i.,1.'. '-.1",r:.:1.-;-"
it.ii-liA
if ...:!4 1
i:::
Conservation
Limited Commercial
Central Mixed Use
Central Commercial
Proposed Rezone PZ 1036
Heavy Industrial and Rural Residential
to Conservation
4 F4 i4kakff
Light Industrial
Heavy Industrial
Recreation
Zoning
General Cornnlercial Rural Residential
Rural Residential 1
Suburban Residential
63
Suburban Residential 1
"-0
Suburban Residential 2
Urban Residential
Historic Townsite
Education
I`I` ��•:9 -•<y �vE'a�rEm,.f3E u.F. >P<W [E.x��- '...:iF:i�F'il3E9'P
'I E F EE.;, EE;.a °E:,PMti. a..EE.9'
Rick Koch, City Cit Mana er 7 City Cit of Kenai
ADDRESS
210 Fidalgo Avenue, Kenai, AK 99611
PHONE
907- 283 -7535
LEGAL DESCRIPTION
1. Tracts 13 City of Kenai Boat Ramp ROW Dedication
2. Tracts C City of Kenai Boat Ramp ROW Dedication
3. Tract D, City of Kenai Boat Ramp
4. Gov't Lots 6 7 10 SE1/4 SE1/4 IN SEC 8 GL 6
SE1 /4 NE1 /4 SE1 /4 NE1 /4 SW1 /4 S1 /2 SW1 /4
IN SEC 9 GL 1 4 THRU 6 NE1/4 NE1/4 IN
SEC 17 EXCLUDING THE KENAI RIVER
CROSSING ROW BUT INCLUDING THAT PTN IN
SEC 9 AS PER COMISSION ER DEED 0359 920
5. Gov't Lot 7 IN SEC 4 GL 9 THRU 11 IN SEC 5
GL 4 THRU 14 SE1 /4 SE1 /4 NE1 /4 E1 /2 E1/2
SE1 /4 IN SEC 7 GL 1 THRU 5 NW1 /4 NE1 /4
SW1/4 NW1/4 IN SEC 8 GL 4 IN SEC 9
EXCLUDING THEREFROM KENAI SPIT SUB NO 2
THAT PORTION AS PER QC /D 33 (a, 81
1. Parcel #04945003
2. Parcel #04945004
3. Parcel #04945005
4. Parcel #04910014
5. Parcel #04910051
PRESENT ZONE
6. Heavy Industrial
7. Heavy Industrial
8. Heavy Industrial
9. Heavy Industrial/Rural Residential /Conservation
10. Rural Residential/Heavy Industrial
PROPOSED ZONE
Conservation
the G/y of
KEHAI ALASKA
"Villa e with a Past, Gi with a Future
9
210 Fidalgo Avenue, Kenai, Alaska 99611 -7794
Telephone: 907 -283 -75351 FAX: 907 -283 -3014
REZONING APPLICATION
65
Rezoning Application Page 2
Intended Use and/or Reason for Rezoning: The majority of these properties are wetlands
and should be preserved. Rezoning to Conservation is consistent with the intent of the
Conservation Zone, "Public lands which should be preserved as open areas and as
watersheds and wildlife reserves."
Section 14.20.270 Amendment Procedures governs any amendment to the Kenai Zoning
Code and Official Map. 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.
1.
2.
3. N/A
4.
'oner's Signature CHAIRPERSON
ATTEST
REZONING CHECKLIST:
Amendments to the Kenai Zoning Code and Official Map may be initiated
by: Kenai City Council; Kenai Planning and Zoning Commission;
Submission of a petition by a majority of the property owners in the area to
be rezoned; or, a petition bearing the signatures of fifty (50) registered
voters within the City of Kenai to amend the ordinance text; or,
submission of a petition as provided by the Home Rule Charter of the City
of Kenai.
Amendments to the Official Zoning Map shall be considered only if the
area to be rezoned contains a minimum of one (1) acre (excluding street or
alley right -of -way) unless the amendment enlarges an adjacent district
boundary.
A Public Notification and Hearing is required before the issuance of this
permit. A $106.00 non refundable deposit/advertising and administrative
services fee is required to cover these notification costs. Depending on the
rezone location, an Affidavit of Posting may also be required.
A proposed amendment to the zoning ordinance which is substantially the
same as any other proposed amendment submitted within the previous
nine (9) months and which was not approved shall not be considered.
66
Rezoning Application Page 3
X a. MAP
X b. SIGNATURES
N/A c. DEPOSIT /ADVERTISING FEE ($106)
X d. APPLICATION FORM OR LETTER
N/A e. AFFIDAVIT OF POSTING
67
MEMO:
TO: Planning Zoning Commission
FROM: Marilyn Kebschull, Planning Administratio
DATE: August 27, 2010
SUBJECT: Town Hall Meeting
74
Ulla e with a Past, C# with a Future
210 Fidalgo Avenue, Kenai, Alaska 99611 -7794
Telephone: 907 283 -75351 FAX: 907- 283 -3014 I I
1992
Attached is information from the Town Hall meeting which was held in May. The first
sheet is the question the groups were provided for brainstorming. The second sheet is
the seven outcomes presented to City Council which were prioritized by City staff from
the group outcomes. Also attached are summaries from each of the groups.
City Council has asked that this information be distributed to Boards and Commission
for discussion and recommendations as to how the City may proceed with
implementation of these goals.
KENAI ALASKA
A City of Kenai Community Dialogue on
"Continuing to Build a Sustainable Community"
Key Question:
"What policies, initiatives and actions
should the City of Kenai support in
order to continue building a
sustainable community that is able to
facilitate employment opportunities,
economic stability, environmental
responsibility, energy efficiency and
quality of Iifefor its residents
71
1. Foster Communication through Collaborative, Engaged Decision Making Processes
Bring Organizations Together to Problem Solve
2. Promote and Facilitate Economic Development
Promote a Sustainable Tax Base by Encouraging Business and Industry
Support Year -Round Industry that Employs Residents of All Ages.
Promote Tourism
3. Facilitate the Redevelopment of a Downtown City Center Including Quality Pedestrian Access
Build -up /Repair Existing Infrastructure
Encourage Utilization of Vacant Buildings
4. Explore and Encourage Efficient Use of Energy, Including Renewable Sources
Wind /Tides
Geothermal
Curbside Recycling
5. Promote and Facilitate Community Health, Wellbeing and Wellness
Community Gathering Spaces
Indoor Sports Facility /Playground
Water Quality
Healthy Activities for Kids
Enhance Senior Environment
6. Protect Residential Neighborhoods and Green Spaces
Buffer Strips Between Residential and Commercial
7. Support Public Transportation Initiatives Including Bike Paths, Ride Share, Mass Transit
Beaver Loop Bike Trail (Pedestrian Pathway)
72
GROUP 1
1. Prioritize Renewable Energy 16 Points
Renewable Energy Wind /Tides
Set Goal for Renewable Energy
Encourage Alternative Fuels Using Biomass
Support Homeowners with Alternative Energy Systems
Geothermal Development
2. Residential Buffered from Commercial 8 Points
Green Buffer Strips Between Residential and Commercial
Initiate Zoning to Protect Communities
3. Sports Stadium/ Community Gathering with Focus on Teen Activities 4 Points
Covered Sports Stadium for Community and Schools
Kids Gathering Places for Teens
4. Water Quality 3 Points
Rainwater Catchment and Filtering for Home Use
Water Quality
5. Natural Gas for Vehicles 3 Points
6, Develop City Center 3 Points
7. Promote Agriculture, Greenhouses and Education 2 Points
City /Borough Polity Promote Agriculture
Community Green House
Greenhouses and Nutrition Education in All Schools
8. Encourage Local Food Classes for Hunter /Gathering —1 Point
9. Support Production and Manufacturing, not Just Retail
10. Manufacturing Using Recyclable Materials —1 Point
Other Brainstorming Ideas:
1. Transportation
Continue Bike Trails: Sterling, Kasilof, Nikiski
Provide Public Transportation: Kenai /Soldotna Loop
Passenger Rail Anchorage to Homer Through Nikiski and Kenai
2. Utilize Facilities for Added Financial Security
3, Less Government
4. Continue Bike Trails
5. Support Artists
6. Encourage Youth Employment
7. Develop Personal Use Fishery
8. Handle Crime
9. Daylighting in Buildings
10. Beautify City to Promote Tourism
11. Develop Electric Motors for Boats and Manufacture Locally
12. Emergency Preparedness Food /Water
GROUP 2
1. Make the City a Model of Energy Efficiency 9 Points
Start Curb Side Recycling Services
Protect the Kenai River and Watershed
Expand Fire Wise Program and Re -use Materials as Marketable Products
Reducing Un- necessary Commercial Lighting
Improve Quality of Water
2. Economic Development 9 Points
Support Year -Round Industry that Employs Residents of All Ages
Support Private Enterprise and Entrepreneurs Through Services, Incentives and
Financing
Have a Longer View of Economic Base
Promote Sustainable Tax Base by Encouraging Business and Industry "Drive the Top
Line"
3. Programs That Promote Health and Well -Being 7 Points
Improve Senior Housing District Planning. Assisted Living
Support Public Health Process for Strategic Approach to Community Health and
Improvements. MAPP Mobilizing Action through Planning and Partnership
Healthy Activities for Kids
4. Planned Zoning— 6 Points
Plan Zoning with Public Input
Encouraging Green Strips and Conservation Land within City
Stop Sprawl Towards Soldotna
Improve Communication on Zoning Issues to the Public
Promote the Attractiveness of our City by Removing and Eliminating the Burned Out
Buildings, Derelict Trailers and Abandoned Office Buildings
5. Transportation All Modes 3 Points
Increase Public Transportation Including Year -Round Opportunities to Walk and Bike
Beaver Loop Bike Trail or Reduced Speed Limit
6. Utilize the Strong School System and College 2 Points
Other Brainstorming Ideas:
1. More Financial Support for Boys Girls Club
2. Focus on Dip Net Parking Situation, Beach Access
3. Prepare for the Opportunities on the West Side of Inlet
4. Support Food Self- Sufficiency
5. Encourage Economic Growth Through Utilizing Airport Facilities, Fire Training Ground,
Challenger Facility and by Partnering with Chamber
6. Support Initiative for Building Dome (Inside Exercise Facility)
7. Things that Encourage People to know their Neighbors
8. City Community Center
74
GROUP 3
1. Develop A Downtown Kenai City Center with Walking Mall 6 Points
Develop a City Center that includes a Walking Mall
Develop Downtown Kenai into City Center
2. Responsibility for Health at a Personal and Community Level 6 Points
Help People Take Responsibilities for their Personal Health and Recognize the
Importance of it
Access to Mental Health Care for the Un- Insured and Medicare People
3. Change Culture of City Government from Closed /Adversarial to Open and Collaborative 5
Points
4. Create City Commission for Sustainability 3 Points
5. Look for Ways to Say "Yes" 3 Points
6. Teamwork Resources (Bring Organizations Together to Problem Solve) 3 Points
7. City Perform Energy Audit to Reduce Carbon Footprint and Increase Sources (Uses) of
Renewable Energy 2 Points
8. More Green Spaces, More Trees
Leave More Wild Spaces
Plant More Trees
9. Promote Industry with Small Locally Owned Businesses 2 Points
Promote Education from Preschool to Upper Ed
10. Better Balance Between Economic Development and Quality of Life —1 Point
11. Be more Aware of Environmental Toxins —1 Point
Other Brainstorming Ideas:
1. Development
2. Preserve Farm Land for Food Security
3. Analyze the Entire Effect of the Dipnet Fishery on the City of Kenai
4, Seek Retail and Industry Development
5. Provide Recycling Stations in Various Locations
6. Promote Sustainable and Regulated Public Transportation from Taxis to Large Systems
7. Increase Public Understanding of Energy, Security Challenges and Opportunities (Renewable
Energy)
8. Enact Small no- Electric Sign Ordinance
9. Promote Green Jobs
10. Encourage Taxpayer Shopping in Kenai
11. City Partner with HEA to Hold Energy Sustainability Fair
12. Think 100 Years in Policy Statement
13. Promoting Older and Neglected Industries Such as Canneries and Commercial Fishing
14. Promote Public Awareness of Global and Local Climate Change and Ocean Acidification
15, Focus on Quality of Life Issues Such As: Impact of Airport on Neighborhoods, Green Space
Not Parks, Water, Community Building
75
GROUP 4
1. Collaboration in Decision Making Process —12 Points
Correct Balance between Business and Residential Interests
Encourage Collaborative Decision Making Process
Draw Police into Community Building Process
2. Repair Existing Infrastructure, Buildings and Businesses before Expanding 8 Points
Build -up and Repair Existing Infrastructure
Focus on Incentives to Utilize Vacant Buildings
Supporting Existing Businesses /Organizations before Expanding and Seeking New Ones
3. Public Transportation 7 Points
4 Lane Highway Kenai to Soldotna
Ride /Share Public Transportation
Bus System
4. Health and Welfare 3 Points
Multi- Purpose Family /Community Inside Playground
Safe Places for People to Be
Enhance Senior Environment
Walkable /Bikeable Environment, Encourage Kids Fitness
Campaign to Reduce /Eliminate Drug Use and Domestic Violence
Pedestrian Friendly City for Kids/ Street -Safe
More Vibrant Neighborhood Block Parties
Neighborhood Watch
5. Tourism 3 Points
Tourism Promote
Walking Tour of Old Kenai
Keep Kenai Landing Open Year Round
6. Encourage Beautification 2 Points
Encourage an aesthetics
More Parks
Beautify Old Town and Honor Historical Kenai
More Flowers Through -Out Kenai
7. Attract Clean Industry —1 Point
Other Brainstorming Ideas:
1. Don't Change Anything
2. Stress Educational Opportunities for All Age Groups
3. Transition to an New Energy Economy
4. What Can Be Produced Locally Instead of Buying from China Local Foods
5. Minimize Outsourcing
6. Encourage Education in State and Graduates to Stay
7. All Property in City Limits to be City or Privately Owned
8. Better Control of Dipnet Crowd
76
MEMO:
Attachment
I b
Villa9e with a Past, Gift' with a Futritre
210 Fidalgo Avenue, Kenai, Alaska 99611 -7794
Telephone: 907- 283 -75351 FAX: 907 283 -3014 1 1111
1992
TO: Planning Zoning Commission
FROM: Marilyn Kebschull, Planning Administration
DATE: August 30, 2010
SUBJECT: PZ10 -38 Amendment to KMC Chapter 3 Animal Control
Attached is the draft resolution to amend KMC Chapter 3 to provide definitions for
commercial and private kennels, require public notification of pending kennel permit
applications, and setting the appeal process. The public hearing has been scheduled
for September 22 Please review the draft resolution. If the Commission would like
any changes to the draft, they will be incorporated into the resolution prior to the public
hearing.
CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION NO. PZ1O -38
A RESOLUTION OF THE KENAI PLANNING AND ZONING COMMISSION
RECOMMENDING KENAI CITY COUNCIL AMEND KMC CHAPTER 3, ANIMAL
CONTROL, SECTION 3.05.010, DEFINITIONS, TO INCLUDE IN THE DEFINITION FOR
COMMERCIAL KENNELS AND PRIVATE KENNELS AND TO AMEND KMC 3.15. TO: 1)
PROVIDE THAT PROPERTY OWNERS WITHIN 300 FEET OF A PARCEL THAT IS
SUBJECT OF A DOG KENNEL LICENSE APPLICATION OR APPLICATION TO RENEW
A KENNEL LICENSE BE NOTIFIED OF THE APPLICATION, AND 2) PROVIDE A
PROCESS FOR A PROPERTY OWNER WITHIN 300 FEET TO REQUEST A HEARING
TO DETERMINE IF THE PERMIT SHOULD BE ISSUED; AND 3) SETTING OUT THE
APPEAL PROCESS FOR ANY AGGRIEVED PARTY.
WHEREAS, the Kenai Municipal Code 3.05.010 provides a definition for kennels but
does not provide a definition that delineates commercial kennels from private kennels;
and,
WHEREAS, the Kenai Municipal Code 3.15 (KMC 3.15) requires a person keeping
more than three dogs over the age of four months to get a kennel license; and,
WHEREAS, KMC 3.15 does not require neighboring property owners to be notified of a
pending kennel license application or renewal; and,
WHEREAS, KMC 3.15 does not provide a process for a property owner within 300 feet
to appeal the Chief Animal Control Officer's decision to issue or revoke the permit;
and,
WHEREAS, because of the impact that a dog kennel can have on neighboring property
owners, they should be provided notice of dog kennel license applications or renewals
and be provided an opportunity to comment on the license; and,
WHEREAS, an opportunity should be provided to request a hearing before the Chief
Animal Control Officer before a license is issued or renewed; and,
WHEREAS, any party aggrieved by the decision on whether or not to issue a dog
kennel license should be allowed to appeal to the Kenai City Council under the
provisions of KMC 14.20.290.
NOW, THEREFORE, BE IT RECOMMENDED THAT THE COUNCIL OF THE CITY OF
KENAI, ALASKA, AMEND KENAI MUNICIPAL CODE as follows:
Section 1. Form: This is a Code ordinance.
79
Section 2. Amendment of Section 3.05,010 of the Kenai Municipal Code: The Kenai
Municipal Code, Section 3.05.010, is hereby amended as follows:
3.05.010 Definitions.
As used in Title 3:
1) "Animal" means all domestic or domesticated members of the Kingdom
Animalia.
2) "At large" means not under restraint.
3) "Cat" means a domestic or domesticated member of the family Felidae.
4) "Current rabies vaccination" means a vaccination:
a. As specified in the "compendium of animal rabies vaccines" prepared by
the Rabies Subcommittee of the National Academy of Sciences and by the
National Association of State Public Health Veterinarians, Inc. (1978);
b. Administered in accordance with state law; and
c. Evidenced by a rabies vaccination certificate in a form approved by the
State Division of Public Health.
5) "Dangerous Animal" means any animal which due to improper or inadequate
supervision or control has done an act harmful in its character to human
beings or animals, regardless of whether the act is done in a playful or hostile
manner.
6) "Dog" means a domestic or domesticated member of the family Canidae.
7) "Kennel" means [A PREMISES WHERE A PERSON KEEPS FOUR OR MORE
DOGS OVER THE AGE OF FOUR MONTHS.]
a. Kennel, Commercial means premises where four or more dogs over four
months of age are owned, kept, boarded, bred and /or offered for sale.
Commercial Kennels require a Conditional Use Permit pursuant to KMC
14.20.150.
b. Kennel, Private means premises where four or more dogs over four
months of age are owned or kept for private enjoyment.
8) "Impoundment" means:
i. The seizure of animals by the methods set forth in KMC
3.25.010(d).
ii. Seizure of a vicious animal.
9) "Officer" means a person charged by law with the duty to enforce provisions of
this title.
10) "To own" an animal includes having title, keeping, harboring, and having
custody or control of an animal.
11) "Person" includes individual, joint venture, partnership, corporation, or
unincorporated association.
12) "Restrain" means:
a. physical confinement, as by leash, chain, fence, or building; or
b. under competent voice control when an animal is engaged in an activity
or form of training requiring that it not be physically confined; or
c. under competent voice control when an animal is on the property of its
owner.
13) "Sterile" means rendered incapable of reproduction by surgical operation.
14) "Vicious Animal" means an animal that has done an unreasonable act harmful
to human beings or animals which act is done in a hostile manner. Any animal
which has been twice adjudged a dangerous animal by a court of competent
8.26.10
80
Section 3. Amendment of Section 3.15 of the Kenai Municipal Code: The Kenai
Municipal Code, Section 3.15 is hereby amended as follows:
Chapter 3.15 LICENSED FACILITIES
Sections:
3.15.010 Licenses required.
3.15.020 Licensing procedure.
3.15.030 License revocation.
3.15.040 Hearings Appeals.
3.15.050 Standards for operating facility.
3.15.010 Licenses required.
No person may operate a kennel facility without having a license therefor issued
pursuant to this chapter.
3.15.020 Licensing procedure.
(a) Application for a license under this chapter shall be to the Chief Animal Control
Officer. The application shall include:
8.26.10
jurisdiction, whether by a plea of no contest or guilty or by trial, shall be
considered vicious for purposes of penalties imposed by KMC 3.05.060(d).
(1) The name and address of the applicant;
(2) The number and breeds of dogs to be kept in the facility;
(3) The type of facility the applicant proposes to operate under the license,
and a description of the proposed facility. An application for a license for
a kennel to be used for commercial purposes shall include a copy of a
current Alaska Business License for the operation of the kennel and a
Borough Sales Tax application or registration number;
(4) The address of the premises where the applicant proposes to operate
under the license, and the name and address of the owner of the
premises;
(5) A diagram of the premises on which the applicant proposes to operate
under the license. The diagram shall show the lot lines and the location
and dimensions of yards and structures on the premises where the
applicant proposes to operate under the license, designate the parts of
the premises on which dogs will be kept, and show the location and use
of structures of adjacent lots. The diagram need not be based upon a
formal survey of the premises.
(6) The license fee required by KMC 3.05.100;
81
(7) Proof of a current rabies vaccination for each dog kept in the facility that
is over the age of three months.
(b) The Animal Control Office shall not issue a license under this chapter to any
person who has been convicted of neglecting an animal or cruelty to an animal.
(c) The Animal Control Office shall not issue a license under this chapter until it
has inspected the premises where the applicant proposes to operate the facility, and
determines that the applicant will operate the facility in accordance with standards set
forth in KMC 3.15.050.
(d) The Animal Control Office shall prepare a written report of the inspection's
findings; including any reason why the proposed facility does not meet the standards
set forth in KMC 3.15.050 and any steps which the applicant may take to make the
facility qualify for a license. The Animal Control Office shall give the applicant a copy
of the report.
(e) A license issued under this chapter shall expire on December 31st of the year in
which it is issued.
(fl An application to renew a license issued under this chapter shall be made [AT
LEAST THIRTY (30) DAYS AFTER] before the license expires, and shall be made in the
same manner as an application for a new license, provided that the applicant may rely
upon materials submitted with his original application to the extent they accurately
portray the current condition of the facility.
(g) Notification of an initial or renewal application shall be mailed to real property
owners on the borough assessor's records within a three hundred (300') foot periphery
of the parcel affected. The notice shall provide a date by which any comments
regarding the application should be submitted.
During the comment period, the applicant or any person receiving notice under
this subsection may request a hearing. Upon timely application under this
subsection, the Chief Animal Control Officer or his /her deli nee shall hold a hearing
to determine whether the license should be issued, renewed, conditioned, limited, or
denied. Notification of the hearing shall be mailed to real property owners listed on
the borough assessor's records within a three hundred (300') foot periphery of the
parcel that is the subject of the proposed action. The notice shall be mailed at least
ten (10) days prior to the hearing and shall include the date, time, and place of the
hearing. A copy of the decision shall be mailed to all notified property owners, all
persons testifying or submitting comments and the applicant.
(h)[(G)]The applicant shall be informed in writing that the application or receipt of the
license provided for in this chapter does not relieve the applicant of meeting all zoning
ordinance requirements or any other applicable City, Borough, or State laws or
regulations.
j1C(H)] The applicant shall agree in writing that the kennel facility may be inspected by
the Chief Animal Control Officer or his /her designee at any time during business
hours of the permittee.
8.26.10
82
3.15.030 License revocation.
(a) If an inspection of a facility licensed under this chapter reveals:
(1) The facility constitutes a health hazard;
(2) The facility violates a City or Borough ordinance or regulation;
(3) The facility violates a provision of this title, a term, condition, or
limitation of a license issued under this chapter or a City regulation
promulgated under this title. The inspecting agency may so notify the
operator of the facility, stating in writing the steps the operator may take
to remedy the violation.
(b) The inspecting agency shall allow a facility operator who has been notified of a
violation under subsection (a) of this section a reasonable time not exceeding fifteen
(15) days to remedy the violation. At the end of that period, the inspecting agency shall
re- inspect the facility to determine whether the violation has been cured.
(c) If after re- inspection, the inspecting agency determines the violation has not
been cured or that new violations have occurred, the Chief Animal Control Officer may
commence a proceeding to revoke the license for the facility under KMC 3.15.040.
.(J Before revoking a license under this chapter, the Chief Animal Control Officer or
his /her designee shall hold a hearing to determine whether the license should be
revoked. If the license is revoked, the Animal Control Office shall prepare a written
decision as to why the proposed facility does not meet the standards set forth in KMC
3.15.050. An appeal of the decision may be filed as provided under KMC 3.15.040.
3.15.040 Hearings Appeals.
A person aggrieved by the granting, revocation, renewing. limiting, conditioning, or
denying of a license under this chapter may, within fifteen (15) days of the date of the
decision appeal the decision to the City Council pursuant to the procedures in KMC
14.20.290.
[(A) A PERSON AGGRIEVED BY THE GRANTING, LIMITING, CONDITIONING, OR
DENYING OF A LICENSE UNDER THIS CHAPTER MAY, WITHIN FIFTEEN (15) DAYS
OF THE ACTION COMPLAINED OF, APPLY FOR A HEARING BEFORE THE CHIEF
ANIMAL CONTROL OFFICER OR HIS DESIGNEE. UPON TIMELY APPLICATION
UNDER THIS SUBSECTION, THE CHIEF ANIMAL CONTROL OFFICER OR HIS
DESIGNEE SHALL HOLD A HEARING TO DETERMINE WHETHER THE LICENSE
SHOULD BE GRANTED, CONDITIONED, LIMITED, OR DENIED. THE PERSON
AGGRIEVED MAY APPEAL THE DECISION OF THE CHIEF ANIMAL CONTROL
OFFICER TO THE CITY COUNCIL WITHIN THIRTY (30) DAYS WHOSE DECISION
SHALL BE FINAL.
(B) BEFORE REVOKING A LICENSE UNDER THIS CHAPTER, THE CHIEF ANIMAL
CONTROL OFFICER OR HIS DESIGNEE SHALL HOLD A HEARING TO DETERMINE
WHETHER THE LICENSE SHOULD BE REVOKED. THE PARTY AGGRIEVED MAY
8.26.10
83
APPEAL TO THE CITY COUNCIL WITHIN THIRTY (30) DAYS OF THE DECISION
WHOSE DECISION SHALL BE FINAL.]
3.15.050 Standards for operating facility.
In operating a kennel facility, the operator shall:
(a) Comply with the provisions of this title, the terms, conditions, and limitations of
any license issued hereunder and any City regulations promulgated under this title.
(b) Provide shelter adequate to preserve the health of the animals kept in the
facility.
(c) Maintain the facility in a sanitary condition.
(d) Provide for the adequate care and feeding of animals kept in the facility.
(e) Design and equip the facility so as to keep all animals on the premises.
(i) Keep [ON] only that number of animals in the facility which is safe and healthy
for the facility's sake.
(g) Maintain the facility in such a manner that it does not constitute a nuisance to
owners or occupiers of land in its vicinity.
NOW, THEREFORE, BE IT RESOLVED, that the Planning and Zoning Commission
recommends that the Kenai City Council amend KMC Chapter 3, Animal Control,
Section 3.05.010, Definitions to include the definition for commercial kennels and
private kennels and to amend KMC 13.15 to require that neighboring property owners
be notified of a pending kennel license application or application to renew a license,
that property owners be provided an opportunity to comment and to request a hearing
before the Chief Animal Control Officer, and that neighboring property owners be
allowed to appeal decisions of the Chief Animal Control Officer as provided in KMC
14.20.290.
Dated at Kenai, Alaska this day of 2010.
Chairman:
ATTEST:
8.26.10
84
ACTION AGENDA
KENAI CITY COUNCIL REGULAR MEETING
SEPTEMBER 1, 2010
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 (Public comment limited to 3 minutes per speaker.
Persons may give their time over to another speaker present, however no
single speaker present may speak for more than 30 minutes combined on
their own and on others' behalf.)
*All items listed with an asterisk are considered to be routine and non-
controversial by the council and will be approved by one motion. There will be no
separate discussion of these items unless a council member so requests, in which case
the item will be removed from the consent agenda and considered in its normal
sequence on the agenda as part of the General Orders.
ITEM B: SCHEDULED PUBLIC COMMENTS (Public comment limited to 10
minutes per speaker)
1. Richard Gentges, Cook Inlet Natural Gas Storage Alaska, LLC
(CINGSA) Storage Facility Project.
ITEM C: UNSCHEDULED PUBLIC COMMENTS (Public comment limited to 3
minutes per speaker)
ITEM D: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker.
Persons may give their time over to another speaker present,
however no single speaker present may speak for more than 30
minutes combined on their own and on others' behalf.)
1, POSTPONED /SEPTEMBER 15, 2010. Ordinance No. 2497 -2010
Amending KMC Chapter 1.10 Entitled "The Council," in Its Entirety and
Specifically Addressing the Procedures for Special meetings of the City
Council and Making Technical Corrections.
(At its July 21, 2010 meeting, the City Council substituted Ordinance No. 2497 -2010
and subsequently postponed it to the September 1, 2010 Council Meeting. There is a
motion to adopt active and on the floor.)
2, PASSED UNANIMOUSLY. Ordinance No. 2509 -2010 Amending the
Official Kenai Zoning Map by Rezoning Southeast 1 /4 Southeast 1 /4 Section
85
qa
4, Township 5 North, Range 11 West, Seward Meridian (SE 'A SE 1 /4 Sec.
4, T5N, R11W S.M.) from Rural Residential (RR) to Heavy Industrial (IH).
3. PASSED UNANIMOUSLY. Ordinance No. 2510 -2010 Increasing
Estimated Revenues and Appropriations in the Airport Improvement
Capital Project Fund for Phase 1 of the Float Plane Basin Development.
4. PASSED. Ordinance No. 2511 -2010 Increasing Estimated Revenues
and Appropriations in the Congregate Housing Improvements Capital
Project Fund for Replacement of the Facility's Siding.
5. PASSED UNANIMOUSLY. Resolution No. 2010 -50 Approving a
Contract to Hattenburg Dilley Linnell, LLC (HDL, LLC) for Kenai Water
Treatment Plant Design Services for the Total Amount of $452,660.
6. PASSED UNANIMOUSLY. Resolution No. 2010 -51 Approving a
Contract to Wince Corthell- Bryson Consulting Engineers for Phase One
Kenai Float Plane Basin Development Project for the Total Amount of
$146,000.00.
7. PASSED UNANIMOUSLY. Resolution No. 2010 -52 Naming a Portion
of Lot A, 1 -A Barron Park Subdivision Fire Addition, Daubenspeck
Family Park.
ITEM E: MINUTES
1. APPROVED. *Regular Meeting of August 18, 2010.
ITEM F: UNFINISHED BUSINESS
ITEM G: NEW BUSINESS
1. APPROVED. Ratification of Bills
2. APPROVED. Approval of Purchase Orders Exceeding $15,000
3. INTRODUCED /CONSENT AGENDA. *Ordinance No. 2512 -2010
Increasing Estimated Revenues and Appropriations by $182,406.00 and
Authorizing the Hiring of Three Additional Fire Fighters.
4. AMENDED /APPROVED. Action /Approval Kenai City Council Student
Representative Policy /Suggested Amendments
5. APPROVED. Action /Approval October 5, 2010 City of Kenai General
Election /Election Boards for Precincts 1, 2, and 3.
6. EXECUTIVE SESSION. Discussion Kenai Municipal Airport /Dock
Fuel Supplier Jackson Enterprises, Inc.
ITEM H: COMMISSION /COMMITTEE REPORTS
86
ITEM I: REPORT OF THE MAYOR
ITEM J: ADMINISTRATION REPORTS
1. City Manager
2. Attorney
1 City Clerk
ITEM K: ADDITIONAL PUBLIC COMMENT
ITEM L:
ITEM M:
1. Council on Aging
2. Airport Commission
3. Harbor Commission
4. Library Commission
5. Parks Recreation Commission
6, Planning Zoning Commission
7. Miscellaneous Commissions and Committees
a. Beautification Committee
b. Alaska Municipal League Report
c. Mini -Grant Steering Committee
d. Kenai Convention Visitors Bureau
e. Reports of KPB Assembly, Legislators and Councils
1. Citizen Comments (Public comment limited to 5 minutes per speaker)
2. Council Member Comments
EXECUTIVE SESSION 1) A matter, the immediate knowledge of which would clearly
have an adverse effect upon the finances of the City of Kenai /Jackson Enterprises
Fuel Supply Contract. 2) A matter, the immediate knowledge of which would clearly
have an adverse effect upon the finances of the City of Kenai /Cook Inlet Natural Gas
Storage (CINGS) Project.
1) Release of Claims ratified by Council.
2) Direction given to City Manager for additional negotiation.
PENDING LEGISLATION (This item lists legislation which will be
addressed at a later date as noted.)
ADJOURNMENT
87
MEMBERS:
JoAnne Collins
Anchor Point Ninilchik
Term Expires 2013
Cindy Ecklund
Seward City
Term Expires 2011
Mari Anne Gross
Southwest Borough
Term Expires 2011
Linda Murphy
Soldotna City
Term Expires 2011
Jason Taurialnen
Northwest Borough
Term Expires 2011
ALTERNATES:
Paulette Bokenko-
Carluccio
Seldovia City
Term Expires 2012
James Isham
Sterling
Term Expires 2012
KENAI PENINSULA BOROUGH PLAT COMMITTEE
BREEZE INN
MT ALICE CONFERENCE ROOM
303 NORTH HARBOR STREET, SEWARD, ALASKA
6:30 p.m. September 13, 2010
Tentative Agenda
A. CALL TO ORDER
B. ROLL CALL
C. APPROVAL OF AGENDA, EXCUSED ABSENCES, AND MINUTES
1. Agenda
2. Member /Alternate Excused Absences
3. Minutes
a. August 23, 2010 Plat Committee Minutes
D. PUBLIC COMMENT
(Items other than those appearing on the agenda. Limited to five minutes per speaker unless previous
arrangements are made.)
E. SUBDIVISION PLAT PUBLIC HEARINGS
1. Surreal Subdivision Unit 5
KPB File 2010 -116 [Imhoff/Sid, Brant, Marlatt, Ford, Wolfe]
Location: South on Diamond Ridge Road in Homer
K -Bay APC
2. Inlet Woods Subdivision 2010 Replat
KPB File 2010 -123 [Integrity /Hall]
Location: City of Kenai
3. Seater View Subdivision
(Postponed from June 8, 2009 Meeting)
KPB File 2009 -085 [Integrity /Seater]
Location: North of Kenai Spur Hwy in Nikiski
Motion on Floor: Commissioner Foster moved, seconded by Commissioner
Lockwood to approve Seater View Subdivision, KPB 2009 -085.
4. Bodnar Subdivision Rosin Addition
KPB File 2010 -137 [Integrity /Rosin]
Location: City of Soldotna
5. Moose Range Homestead Sub North Brannin Addn.
KPB File 2010 -136 [Whitford /North, Brannin]
Location: On Moose Range Drive in Soldotna
6. Binkley Subdivision Cannava Addition
KPB File 2010 -138 [Tinker Cannava]
Location: City of Soldotna
89
glo
F. FINAL SUBDIVISION PLAT PUBLIC HEARING
G. MISCELLANEOUS INFORMATION NO ACTION REQUIRED
H. ADJOURNMENT
NEXT REGULARLY SCHEDULED MEETING
The next regularly scheduled Plat Committee meeting will be held Monday, September 27
2010 in the Assembly Chambers, Kenai Peninsula Borough George A. Navarre
Administration Building, 144 North Binkley, Soldotna, Alaska at 5:30 p.m.
PLANNING DEPARTMENT
Phone: 907 714 -2215
Phone: toll free within the Borough 1- 800 478 -4441, extension 2215
Fax: 907 714 -2378
e -mail address: planninq a(?.borough.kenai.ak.us
web site: www.borough.kenaLak.us/plannincidept
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Philip Bryson
Chairman
Kenai City
Term Expires 2013
Paulette Bokenko-
Cariuccio
PC Member
City of Seldovia
Term Expires 2012
Alice Joanne Collins
PC Member
Anchor Point/ Ninilchlk
Term Expires 2013
Cindy Ecklund
PC Member
City of Seward
Term Expires 2011
Dr. Rick Foster
PC Member
Homer City
Term Expires 2013
Mari Anne Gross
PC Member
Southwest Borough
Term Expires 2011
Sandra Key Moisten
PC Member
East Peninsula
Term Expires 2013
James Isham
PC Member
Sterling
Term Expires 2012
Brent Johnson
PC Member
KasiloffClam Gulch
Term Expires 2012
Harry Lockwood
PC Member
Ridgeway
Term Expires 2013
Blair Martin
Vice Chairman
Kalifornsky Beach
Term Expires 2012
Linda Murphy
Parliamentarian
City of Soldotna
Term Expires 2011
KENAI PENINSULA BOROUGH PLANNING COMMISSION
BREEZE INN
MT ALICE CONFERENCE ROOM
303 NORTH HARBOR STREET, SEWARD, ALASKA
A. CALL TO ORDER
B. ROLL CALL
September 13, 2010 7:30 P.M.
Tentative Agenda
C. APPROVAL OF CONSENT AND REGULAR AGENDA
All items marked with an asterisk are consent agenda items. Consent agenda items are considered
routine and non controversial 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 Shores Subdivision
KPB File 2008 -217; Ability /Knapp
Location: Port Graham
b. Nakacheba
KPB File 2009 -133; McClintock/Tyonek Native Association
Location: Six miles north of Tyonek
c. Schuette Subdivision
KPB File 2009 -037; Johnson /Schuette
Location: Isbell Street in Soldotna
d. Trotter Subdivision Rill River Addition
KPB File 1997 -059; McLane /Rill
Location: North of Funny River Road on Kenai River
e. Paradise Airpark Addition No. 1
KPB File 2006 -043; Segesser /Bangerter
Location: Off Arrowhead Avenue, Soldotna area
f. NTV Parcel
KPB File 2009 -082; LCG /Tyonek Native Corp.
Location: Tyonek across Cook Inlet
g. Price Subdivision
KPB File 2009 -131; Imhoff /Price
Location: Basargin Road East of Homer
K -Bay APC
*2. Planning Commission Resolutions None
*3. Plats Granted Administrative Approval
*4. Plats Granted Final Approval (20.04.070) None
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Jason Tauriainen
PC Member
Northwest Borough
Term Expires 2011
Max J. Best
Planning Director
Dave Carey
Borough Mayor
*5, Plat Amendment Request None
*6. Coastal Management Program
'7. Commissioner Excused Absences
a. Philip Bryson, City of Kenai
a. Rick Foster, City of Homer
*8. Minutes
a. August 23, 2010 Plat Committee Minutes
b. August 23, 2010 Planning Commission Minutes
D. PUBLIC COMMENT /PRESENTATIONS /COMMISSIONERS
(Items other than those appearing on the agenda, Limited to five minutes per speaker unless previous
arrangements are made.)
E. UNFINISHED BUSINESS
F. PUBLIC HEARINGS
Vacate a portion of Elliott Avenue, a 66 -foot right -of -way and associated
utility easements. Vacate the (33 -feet) adjacent to Tract 4, dedicated by
Surreal Subdivision (Plat HM 82 -6); also shown on Surreal Subdivision No. 4
(Plat HM 98 -32), within Section 11; and vacate the (33 -feet) public access
and utility easement as recorded in Book 122 Page 258 of the Homer
Recording District, within the southeast 1 /4 of Section 2, Township 6 South,
Range 14 West, Seward Meridian, Alaska, and within the Kenai Peninsula
Borough. KPB File No. 2010 -119. Note: Alternate access will be
dedicated; the resultant vacation /dedication actions will be as shown
on the submittal drawing. Petitioners: Michael W. Sirl of Jefferson,
Oregon, David E. Ford of Bend, Oregon, Donald Wellington Marlatt, Gaye A.
Wolfe, and Robert Pamela J. Brant of Homer, Alaska. Location: On
Diamond Ridge Road in Homer
2. Vacate a portion of Moose Range Drive, a 60 -foot right -of -way and
associated utility easement adjacent to Lot 8, dedicated by Moose Range
Homestead Subdivision Part One (Plat KN 79 -207); within Section 7,
Township 5 North, Range 9 West, Seward Meridian, Alaska; and within the
Kenai Peninsula Borough. KPB File 2010 -122. Note: Additional 10 -foot RA/1/
will be dedicated AND Moose Range Homestead Subdivision Part 1
Building Setback Exception. KPB File 2010 -122; Petitioners: Blayde F.
and Tammy C. North of Sterling, Alaska. Location: On Moose Range Drive
in Sterling
3. Vacate a portion of Patson Road, a 60 -foot right -of -way and associated utility
easement adjacent to Tracts A and B, dedicated by Patson Properties Part 1
(Plat KN 2007 -24); and adjacent to government Lot 6 the undivided
remainder; within Section 34, Township 5 North, Range 10 West; Seward
Meridian, Alaska, and within the Kenai Peninsula Borough. KPB File No.
2010 -131. Note: A proposed new right -of -way dedication. Petitioners:
Ellen L. Patson and Arlene Bishop POA for Elmer A. Patson. Location:
Northeast of Funny River Road in Soldotna
4. Resolution 2010 -13; Conditional land use permit application has been received
for sand and gravel extraction in the Westforelands area.
92
2
Landowner /Applicant: Salamatof Native Association, Inc. Cook Inlet Energy,
LLC; Location: KPB Tax Parcel ID 221 040 -16; 5.4 acres within the 9,216.59
acre parcel; S5 8 T8N R14W SM. (Continued from August 9, 2010 meeting.)
G. ANADROMOUS STREAM HABITAT PROTECTION (KPB 21.18) None
H. VACATIONS NOT REQUIRING A PUBLIC HEARING
1. Vacate the portion of the 20 -foot drainage easement located within Lot 6
granted by Waterfront Resubdivision No. 1 (Plat SL 67 -30); also shown
within Lot 6A of Illiamna Street Vacation (Plat SL 83 -3); within Section 31,
Township 8 South, Range 14 West, Seward Meridian, Alaska; the City of
Seldovia and within the Kenai Peninsula Borough. KPB File 2010 -135 PC
Resolution No. 2010 -20. Petitioners: Frank M. Frusciante of Ridgefield, WA,
Steven M. Watson of Sparks, NV, Gary P. Bader and Oscar E. Dickason of
Anchorage, Alaska. Location: City of Seldovia
SPECIAL CONSIDERATIONS
1. Plat Waiver Application: NNAI ROW Map Lot 168 T2S R12W Sec 9
KPB File 2010 -134
KPB PC Resolution No. 2010 -19
Location: Caribou Hills
Applicant: Randy C. Wheeler of Kenai, Alaska.
2. Vacate the 10 -foot utility easements to accommodate an encroaching well
and structure along the south and west boundaries of Lot 1A Block 7
adjacent to Sadie Lane and the unnamed Alley granted by Kasilof Townsite
Addition No. 2 (Plat KN 2004 -41); within Section 30, Township 3 North,
Range 11 West, Seward Meridian, Alaska, within the Kenai Peninsula
Borough. KPB File 2010 -130 PC Resolution No. 2010 -17 AND Kasilof
Townsite Addition No. 2 Lot 1A Block 7 Bldg. Setback Exception. KPB
File 2010 -130; KPB PC Resolution No. 2010 -16. Petitioners: Albert B. and
Judy L. Harris of Kasilof, Alaska. Location: On Sadie Lane in Kasilof area.
J. SUBDIVISION PLAT PUBLIC HEARINGS
1. The Plat Committee is scheduled to review 6 preliminary plats.
K. COASTAL MANAGEMENT PROGRAM CONSIDERATIONS
L. OTHER /NEW BUSINESS
M. ASSEMBLY COMMENTS
N. LEGAL REPRESENTATIVE COMMENTS
O. DIRECTOR'S COMMENTS
P. COMMISSIONER COMMENTS
Q. PENDING ITEMS FOR FUTURE ACTION
R. ADJOURNMENT
MISCELLANEOUS INFORMATIONAL ITEMS
NO ACTION REQUIRED
1 Kenai Planning Zoning Commission Minutes
3
93
Advisory
Commission
Meeting Location
Date
Time
Anchor Point
Anchor Point
Chamber of Commerce
September 21, 2010
7:00 p.m.
Cooper Landing
Cooper Landing
Community Hall
October 6, 2010
6:00 p.m.
Hope Sunrise
SociHope
al
October 7, 2010
7:00 p.m.
August 11, 2010
2. Amendment to the 2010 -2013 Statewide Transportation Improvement Program
FUTURE PLANNING COMMISSION MEETING
The next regularly scheduled Planning Commission meeting will be held Monday,
September 27, 2010 in the Assembly Chambers, Kenai Peninsula Borough George A.
Navarre Administration Building, 144 North Binkley, Soldotna, Alaska at 7:30 p.m.
ADVISORY PLANNING COMMISSION MEETINGS
The Kachemak Bay and Funny River
Advisory Planning Commissions are inactive at this time.
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 2215
Fax: 907 -714 -2378
e mail address: planning cO,borough.kenai.ak.us
web site: www. borough .kenai.ak.us /planningdept
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