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HomeMy WebLinkAbout2010-04-14 Planning & Zoning Packet6. OLD BUSINESS: 7. NEW BUSINESS: 8. PENDING ITEMS: CITY OF KENAI PLANNING ZONING COMMISSION AGENDA CITY COUNCIL CHAMBERS April 14, 2010 7:00 p.m. 1. CALL TO ORDER: a. Roll Call b. Agenda Approval c. Consent Agenda d. *Excused Absences D Commissioner Bryson Commissioner Wells *All items listed with an asterisk are considered to be routine and non controversial by the Commission and will be approved by one motion. There will be no separate discussion of these items unless a Commission Member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. 2. *APPROVAL OF MINUTES: a. *March 24, 2010 1 3. SCHEDULED PUBLIC COMMENT: (10 Minutes) 4. CONSIDERATION OF PLATS: a. PZ10 -04 Preliminary Plat Sunset Rim Subdivision Part Two. A resubdivision of Lot 6 and unsubdivided remainder of Tract B, Sunset Rim Subdivision Part One (250 and 260 Eisenhower Lane). Plat submitted by Integrity Surveys, Inc., 43335 K -Beach Rd., Suite 10, Soldotna, Alaska 7 5. PUBLIC HEARINGS: a. PZ10 06 A resolution of the Planning and Zoning Commission of the City of Kenai, Alaska, recommending Council Adopt the City of Kenai Annex to The Kenai Peninsula Borough All Hazard Mitigation Plan. 11 9. REPORTS: a. City Council 57 b. Borough Planning 61 c. Administration 10. PERSONS PRESENT NOT SCHEDULED: (3 Minutes) 11. INFORMATION ITEMS: a. PZ10 -05 Landscape /Site Plan (Preliminary) O'Reilly Auto Parts 10511 Kenai Spur Highway 67 b. Zoning Bulletin February 25, 2010 73 c. State of Alaska, ADF &G Letter to Royce Roberts, RR KENA LLC 79 Agenda April 14, 2010 d. Code Enforcement 1st Quarter Activity 81 e. Building Permits 1 51 Quarter Activity 82 12. COMMISSION COMMENTS QUESTIONS: 13. ADJOURNMENT: Page 2 1. CALL TO ORDER: a. Roll Call b. Agenda Approval c. Consent Agenda d. *Excused Absences D Commissioner Karen Koester 6. OLD BUSINESS: 7. NEW BUSINESS: 8. PENDING ITEMS: 9. REPORTS: a. City Council b. Borough Planning c. Administration 13. ADJOURNMENT: CITY OF KENAI PLANNING ZONING COMMISSION AGENDA CITY COUNCIL CHAMBERS March 24, 2010 7:00 p.m. *All items listed with an asterisk are considered to be routine and non controversial by the Commission and will be approved by one motion. There will be no separate discussion of these items unless a Commission Member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. 2. *APPROVAL OF MINUTES: a. *March 10, 2010 3. SCHEDULED PUBLIC COMMENT: (10 Minutes) 4. CONSIDERATION OF PLATS: 5. PUBLIC HEARINGS: a. PZ10 -03 —An application for a conditional use permit to operate a retail business from the property known as Lot 12, Block G, Beaver Creek Alaska Subdivision Amended (3521 Tustumena Street). Application submitted by James P. Wada, 35182 Huntington Drive, Soldotna, Alaska. 10. PERSONS PRESENT NOT SCHEDULED: (3 Minutes) 11. INFORMATION ITEMS: a. Zoning Bulletin (2/10/10) b. 2010 Meeting Schedule c. Kenai River Center Project Application RR Kean LLC (Angler Acres) 12. COMMISSION COMMENTS QUESTIONS: 1 ITEM 1: ADD TO: 5 -a. PZ 10 -03 MOTION: 1 -c. MOTION: Consent Agenda Approved by consent agenda. CITY OF KENAI PLANNING ZONING COMMISSION CITY COUNCIL CHAMBERS MARCH 24, 2010 7:00 P.M. CHAIR JEFF TWAIT, PRESIDING CALL TO ORDER MINUTES Chair Twait called the meeting to order at approximately 7:00 p.m. 1 -a. Roll Call Roll was confirmed as follows: Commissioners present: Commissioners absent: Staff /Council Liaison present: A quorum was present. 1-b.. Agenda Approval Commissioner Romain read the following addition: 1 -d. *Excused Absences Commissioner Karen Koester J. Twait, P. Bryson, K. Rogers, J. Brookman, S. Romain, R. Wells K. Koester (excused) City Planner M. Kebschull, Council Member R. Molloy, Deputy City Clerk C. Hall Corrected Resolution Commissioner Romain MOVED to approve the agenda with the correction and Commissioner Wells SECONDED the motion. There were no objections. SO ORDERED. Commissioner Brookman MOVED to approve the consent agenda and Commissioner Wells SECONDED the motion. There were no objections. SO ORDERED. 2 *Ali 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. ITEM 2: *APPROVAL OF MINUTES March 10, 2010 Approved by consent agenda. ITEM 3: SCHEDULED PUBLIC COMMENT None ITEM 4: CONSIDERATION OF PLATS None ITEM 5: PUBLIC HEARINGS 5 -a. PZ1O -03 —An application for a conditional use permit to operate a retail business from the property known as Lot 12, Block G, Beaver Creek Alaska Subdivision Amended (3521 Tustumena Street). Application submitted by James P. Wada, 35182 Huntington Drive, Soldotna, Alaska. City Planner Kebschull reviewed the staff report included in the packet, noting Administration recommended approval with the following requirements: 1. Apply for and obtain a commercial building permit. 2. Submit a landscape /site plan that would meet the requirements for commercial development as prescribed in KMC 14.25. Twait read the rules for public hearing, and opened the meeting to public comment. James Wada, 35182 Huntington Drive, Soldotna Applicant expressed willingness to answer any questions the Commissioners had. Commissioner Romain inquired about the timeframe for construction. Wada stated he planned to start right away. There being no one else wishing to speak, the public hearing was closed. MOTION: Commissioner Romain MOVED to approve PZ10 -03 with staff recommendations and Commissioner Wells SECONDED the motion. There were no Commissioner comments. VOTE: PLANNING AND ZONING COMMISSION MEETING MARCH 24, 2010 PAGE 2 3 Twait YES Bryson YES Rogers YES Brookman YES Koester EXCUSED Romain YES Wells YES MOTION PASSED UNANIMOUSLY. Twait noted the appeal process. ITEM 6: OLD 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 of the March 13, 2010 Special Council meeting regarding the approval of the liquor license transfer for Wal -Mart, and reviewed the action agenda of the March 17, 2010 City Council meeting regarding the $10,000 donation to the renovation of the Russian Orthodox Church and the overview of the town hall meeting. 9 -b. Borough Planning Commissioner Bryson reviewed the agenda of the March 22, 2010 Borough Planning Commission meeting included in the packet. 9 -c. Administration Kebschull noted the following: Reviewed the memo included in the packet regarding square footage limitations in the Limited Commercial Zone. Commission requested the issue be brought to a future meeting for discussion. Reported the Comprehensive Plan updating would be start after July 1, 2010. A work session was scheduled for April 28, 2010 to review the current Plan implementation plan and changes to the zoning and land use maps. Reported she would not be at the April 14, 2010 Commission meeting and Assistant Nancy Carver would attend in her place. ITEM 10: PERSONS PRESENT NOT SCHEDULED None ITEM 11: INFORMATION ITEMS Zoning Bulletin (2/10/10) 2010 Meeting Schedule Kenai River Center Project Application RR Kean LLC (Angler Acres) ITEM 12: COMMISSION COMMENTS QUESTIONS Wells Reported he would miss the next three meetings and requested the absences be excused. PLANNING AND ZONING COMMISSION MEETING MARCH 24, 2010 PAGE 3 4 Rogers Reminded the Commission of the March 25, 2010 Commission /Committee Appreciation Dinner. Bryson Reported he would miss the April 14, 2010 Commission meeting. ITEM 13: MOTION: ADJOURNMENT Commissioner Romain MOVED to adjourn and Commissioner Bryson SECONDED the motion. There were no objections. SO ORDERED. There being no further business before the Commission, the meeting was adjourned at approximately 7:42 p.m. Minutes prepared and submitted by: Corene Hall, Deputy City Clerk PLANNING AND ZONING COMMISSION MEETING MARCH 24, 2010 PAGE 4 5 6 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 STAFF REPORT To: Planning Zoning Commission Date: March 18, 2010 Res: PZ10 -04 GENERAL INFORMATION Applicant: Requested Action: Legal Description: Street Address: KPB Parcel No.: Existing Zoning: Current Land Use: Land Use Plan: ANALYSIS Building Official: No building code issues. RECOMMENDATIONS ATTACHMENTS: 1. Resolution No. PZ10 -04 2. Preliminary Plat Integrity Surveys, Inc. 43335 K -Beach Road, Suite 10 Soldotna, AK 99669 262 -5573 Preliminary Subdivision Plat Sunset Rim Subdivision Part Two A resubdivision of Lot 6 and unsubdivided remainder of Tract B, Sunset Rim Subdivision Part On (Plat #80 -25) 250 and 260 Eisenhower Lane 04927020 and 04904079 RR Rural Residential Vacant Rural Residential This plat reconfigures two lots owned by two separate owners into two larger lots. Lot 6A is 5.419 acres and the Unsubdivided Remainder of Tract B is approximately 8.663 acres. The properties are zoned Rural Residential and the resulting lots meet the requirements for the zone. The parcels are accessed from Eisenhower Lane. City water and sewer serve the subdivision. No installation agreement is required. Recommend approval with the following requirement: Plat note 4 does not pertain to this plat, and should be removed. 7 CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ10 -04 SUBDIVISION PLAT A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI RECOMMENDING THAT THE ATTACHED SUBDIVISION PLAT BE APPROVED SUBJECT TO THE FOLLOWING CONDITIONS: WHEREAS, the attached plat Sunset Rim Subdivision Part Two was referred to the City of Kenai Planning and Zoning Commission on April 14, 2010, and received from Integrity Surveys, Inc. WHEREAS, the City of Kenai Planning and Zoning Commission finds: 1. Plat area is zoned RR Rural Residential and therefore subject to said zone conditions. 2. Water and sewer: Available. 3. Plat does not subdivide property within a public improvement district subject to special assessments. There is not a delinquency amount owed to the City of Kenai for the referenced property. 4. Installation agreement or construction of improvements is not required. 5. Status of surrounding land is shown. 6. Utility easements, if required, shall be shown. 7. Plat shall verify that no encroachments exist. If an encroachment exists; plat does not create nor increase the encroachment. 8. Street names designated on the plat are correct. 9. CONTINGENCIES: a. Remove plat note 4. NOW, THEREFORE, BE IT RESOLVED, BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI THAT THE KENAI PENINSULA BOROUGH PLANNING COMMISSION APPROVES SUNSET RIM SUBDIVISION PART TWO SUBJECT TO ANY NEGATIVE FINDINGS AS STATED ABOVE. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, APRIL 14, 2010. CHAIRPERSON: ATTEST: 8 gin wAta 4 r 1 Fo1Pv "4 —rill I I 11 I M I I I 1 ]66 1- z co/ 1001'4ft 600.00' IAa M Jemoyueso 1 g 1 Igo ha so'o4'4rt I7307 6 1 ECEEEEEZEEEEECEE E1111e MamxcEs 4 la 1 HI/ ifledi %Ili' L Ph 10 KENAI, ALASKA MEMO: TO: Nancy Carver FROM: Fire Chief Tilly DATE: April 8, 2010 SUBJECT: All Hazard Mitigation Plan Nancy, Villa ye with a Past, Ct'i with 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 283 -75351 FAX: 907 283 -3014 The reason for this cover memo is to briefly explain the All Hazard Mitigation Plan and any changes that have been made. As it is stated in the document, the purpose of the All- Hazard Mitigation Plan is to fulfill the FEMA requirement under The Robert T. Stafford Disaster Relief and Emergency Assistance Act. Originally drafted in 2004, the plan had been in front of many bodies. Public comment periods, presentation before Planning and Zoning, adoption by the City Council and finally adopted at the Borough level and posted on the Kenai Peninsula Borough web site. Recently Police Chief Sandahl and I read through the plan and made only minor adjustments that mostly dealt with recent statistical data such as population, present businesses in the community and general demographics. Both Chief Sandahl and I agree that the overall plan is still valid and that the hazards addressed in the plan have not changed. Both Chief Sandahl and I plan to be at the meeting on the 14 of April. 11 1992 12 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ10 -06 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, RECOMMENDING COUNCIL ADOPT THE CITY OF KENAI ANNEX TO THE KENAI PENINSULA BOROUGH ALL HAZARD MITIGATION PLAN. WHEREAS, the City of Kenai recognizes the threat that all hazards pose to people and property; and, WHEREAS, the State of Alaska Division of Homeland Security and Emergency Management (DHS &EM) and the Federal Emergency Management Agency (FEMA) require that a local hazard mitigation plan be adopted by as a prerequisite of future mitigation funding; and, WHEREAS, the City of Kenai participated jointly in the planning process with other local units of government with the Borough to prepare an update to the All Hazards Mitigation Plan; and, WHEREAS, the City Annex has been submitted to the DHS &EM and FEMA officials for final review and approval along with the Kenai Peninsula Borough All Hazard Mitigation Plan. NOW, THEREFORE, BE IT RESOLVED THAT THE CITY OF KENAI PLANNING AND ZONING COMMISSION RECOMMENDS COUNCIL ADOPT THE CITY OF KENAI ANNEX TO THE KENAI PENINSULA BOROUGH ALL HAZARD MITIGATION PLAN. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, APRIL 14, 2010. CHAIRPERSON: ATTEST: 13 City of Kenai ANNEX to the Kenai Peninsula Borough Local All Hazard Mitigation Plan (References to "the Plan" in this Annex refer to the Kenai Peninsula Borough All Hazard Mitigation Plan) City of Kenai All Hazard Mitigation Plan Page 1 14 Table of Contents Introduction A. Purpose of the Plan B. Methodology C. City of Kenai History and Background 11. Adoption Process and Documentation III. Planning Process A. How Was it Done? B. Who Were the Contributors? C. Public Opportunity for Involvement IV. Risk Assessment Findings A. Hazard Identification B. Profile of Hazard Events C. Vulnerability Assessments D. Analysis of Development Trends V. Mitigation Goals, Objectives, and Strategies VI. Implementation and Maintenance Procedures A. Implementation B. Maintenance Appendices A. Glossary of Terms B. Acronyms City of Kenai All Hazard Mitigation Plan Page 2 15 Chapter Y Introduction A. Purpose of the Plan: The purpose of the All Hazard Mitigation Plan is to fulfill the FEMA requirement under The Robert T. Stafford Disaster Relief and Emergency Assistance Act (the Act), Section 322, Mitigation Planning enacted by Section 104 of the Disaster Mitigation Act of 2000 (DMA) (P.L. 106 -390). This initiative provides new and revitalized approaches to mitigation planning. Section 322 emphasizes the need for State, IocaI and tribal entities to closely coordinate mitigation planning and implementation efforts. As part of the process of implementing the DMA, FEMA prepared an Interim Final Rule (the Rule) to clearly establish the mitigation planning criteria for States and local and tribal governments. This Rule was published in the Federal Register on February 26, 2002, at 44 CFR Part 201. This plan will identify hazards; establish community goals and objectives and develop mitigation strategies and activities that are appropriate for the City of Kenai. The Disaster Mitigation Act of 2000 (DMA 2000), Section 322 (a -d), as implemented through 44 CFR Part 201.6 requires that local governments, as a condition receiving federal disaster mitigation funds, have a mitigation plan that describes the process for identifying hazards, risks and vulnerabilities, identifying and prioritizing mitigation actions, encouraging development of local mitigation and providing technical support those efforts. The purpose of this plan is to produce a program of activities through actions and projects that will best deal with the City of Kenai's hazard problems, while meeting other community needs. This plan will accomplish the following objectives consistent with FEMA planning process guidelines: Describe the planning process to include public involvement Conduct an assessment of the risks Determine what facilities, or portions of infrastructure, are vulnerable to a disaster Develop a mitigation strategy to reduce potential losses and target resources Describe how each entity will periodically evaluate, monitor maintain and update the plan Describe the process for implementing the plan after adoption by the local governing body of the community and receiving FIRMA approval B. Methodology The approach used for the development and updating of the City of Kenai Annex to the Kenai Peninsula Borough All- Hazard Mitigation Plan consisted of the following tasks: 1. Coordinate with other agencies and organizations 2. Solicit public involvement City of Kenai All Hazard Mitigation Plan Page 3 16 3. Conduct hazard area inventory 4. Review and analysis of possible mitigation activities 5. Describe the update and review process and schedule for plan maintenance 6. Coordinating the Plan with the State Hazard Mitigation Plan 7. Submitting to the State Hazard Mitigation Officer for Review 8. Submitting to FEMA Region 10 for Review and Approval 9. Adoption of the Plan following a public hearing This All Hazard Local Mitigation Plan contains a list of potential projects and a brief rationale or explanation of how each project or group of projects contributes to the overall mitigation strategy outlined in the plan. This plan summarizes the activities outlined above to assess the effects of hazards in the City of Kenai such as: flooding, earthquake, wildfire, volcanic eruption and fallout and bluff erosion etc. and recommends mitigation strategies and activities. The City of Kenai annexes to the plan describe specific hazards experienced by the City: erosion, wildland fires, and floods. The mitigation plan will be evaluated and updated every five years. In addition, the plan will be updated, as appropriate when a disaster occurs that significantly affects the City of Kenai, whether or not it receives a Presidential Declaration. The update will be completed as soon as possible, but no later than 12 months following the date the disaster occurs. Routine maintenance of the plan will include updating historical hazard information, completing hazard analysis and adding projects, as new funding sources become available or taking projects off the list when they are accomplished. C. CITY OF KENAI Background Location Kenai is located on the western coast of the Kenai Peninsula, fronting Cook Inlet. It lies on the western boundary of the Kenai National Wildlife Refuge, on the Kenai Spur Highway. It is approximately 65 air miles and 155 highway miles southwest of Anchorage via the Sterling Highway. It lies at approximately 60.55444° North Latitude and 151.25833° West Longitude. (Sec. 05, TOO5N, R011 W, Seward Meridian.) Kenai is located in the Kenai Recording District. The area encompasses 29.9 sq. miles of land and 5.6 sq. miles of water. Climate Winter temperatures range from 4 to 22; summer temperatures vary from 46 to 65. Average annual precipitation is 20 inches. History Prior to Russian settlement, Kenai was a Dena'ina Athabascan Indian village. Russian fur traders first arrived in 1741. At that time, about 1,000 Dena'ina lived in the village of Shk'ituk't, near the City of Kenai All Hazard Mitigation Plan 17 Page 4 River. The traders called the people Kenaitze," or "Kenai people." In 1791, a fortified Russian trading post, Fort St. Nicholas, was constructed for fur and fish trading. It was the second permanent Russian settlement in Alaska. In 1849, the Holy Assumption Russian Orthodox Church was established by Egumen Nicholai. In 1869, the U.S. military established a post for the Dena'ina Indians in the area, called Fort Kenay, which was abandoned in 1870 after Alaska was purchased by the U.S. A post office was established in 1899. Through the 1920s, commercial fishing was the primary activity. In 1940, homesteading enabled the area to develop. The first dirt road from Anchorage was constructed in 1951. In 1957, oil was discovered at Swanson River, 20 miles northeast of Kenai the first major Alaska oil strike. The City was incorporated in 1960. In 1965, offshore oil discoveries in Cook Inlet fueled a period of rapid growth. Kenai has been a growing center for oil exploration, production and services since that time. Culture The Kenai River is a major sport fishing location for Anchorage residents and tourists. The river is world renown for trophy king and silver salmon. The Kenaitze (Tanaina Athabascans) live borough -wide and utilize the rich resources of Cook Inlet. Population and Economy In January of 2010 The Department of Community and Economic Development certified Kenai's population at 7,115 people. Figure 4 depicts the historical population of Kenai as determined by the U.S. Census Bureau. Kenai is incorporated as a home rule city. The City is the center of the oil and gas industry, providing services and supplies for Cook Inlet's oil and natural gas drilling and exploration. Tesoro Alaska's oil refining operation is located in North Kenai. Both instate and out -of -state visitors provide a significant industry on the Peninsula. Other important economic sectors include sport, subsistence and commercial fishing, fish processing, timber and lumber, agriculture, transportation services, construction and retail trade. The largest employers are the Borough School District, Peak Oilfield Services, the Borough, and Central Peninsula General Hospital. The Challenger Learning Center of Alaska was completed in spring 2000. Logging of spruce bark beetle killed timber also occurs in the area. Facilities Water is supplied by three deep wells and is piped to 75% of households. A fourth well is planned. Sewage is piped and receives secondary treatment. The remaining 25% of households use individual water wells and septic systems. Natural gas from Enstar is primarily used for home heating purposes. Homer Electric Assoc. operates the Bradley Lake Hydroelectric Project City of Kenai All Hazard Mitigation Plan Page 5 18 and is part owner of the Alaska Electric Generation Transmission Cooperative. It also purchases electricity from Chugach Electric. A Borough refuse transfer station is located on Redoubt Ave. The Borough landfill is located in nearby Soldotna, at mile 110.4 Sterling Hwy. Transportation Kenai is accessible by the Sterling Highway to Anchorage, Fairbanks, Canada and the lower 48 states. The City -owned Kenai Municipal Airport provides a 7,575' asphalt runway, a 2,000' gravel strip, a float plane strip, and helicopter service. A fully staffed Flight Service Station is also located in the City. Float plane facilities are also available at Island Lake and Arness Lake. There are five additional privately -owned airstrips in the vicinity. The Kenai City Dock and boat ramp are located near the mouth of the Kenai River. There are also a number of private commercial fish processing docks. Moorage is by buoys anchored in the Kenai River. Chapter II Adoption Process and Documentation The City of Kenai Annex to the Kenai Peninsula Borough All- Hazards Mitigation Plan was developed as part of a multi jurisdictional plan; therefore, to meet the requirements of Section 322 the plan was adopted by the City as well as the Borough. The Iocal process included discussion and public comment periods during the development phase. The Planning Zoning Commission advertised, then heard presentations on the Annex draft on April 28, 2004. A public comment period was advertised beginning May 4, 2004, and a public hearing for public comment on the Annex draft was opened at the May 12, 2004 meeting. At that meeting, the Commission passed a resolution supporting the Annex and the Plan, and recommended adoption to the Kenai City Council. Simultaneously, the Kenai Peninsula Borough publicly advertised that comments were being sought on the Plan, and listed contacts for each community developing a Plan Annex. The Borough also expanded their website to include Plan and Annex information, with the City of Kenai linking to the site. The adoption process included notices of consideration for, and adoption of the Annex and Plan, for the City Council meeting of June 2, 2004. The plan had minor adjustments made to it again in 2010 and was accepted through resolution of the City of Kenai. Related resolutions are available for review in the office of the Kenai City Clerk at 210 Fidalgo Street, Kenai, Alaska 99611. City of Kenai All Hazard Mitigation Plan Page 6 19 SAMPLE Sample All Hazard Mitigation Plan Adoption Resolution Resolution Adopting the City of Kenai All Hazards Mitigation Plan Whereas, the City of Kenai recognizes the threat that all hazards pose to people and property; and Whereas, undertaking hazard mitigation actions before disasters occur will reduce the potential for harm to people and property and save taxpayer dollars; and Whereas, an adopted all hazards mitigation plan is required as a condition of future grant funding for mitigation projects; and Whereas, the City of Kenai participated jointly in the planning process with the other local units of government with the Borough to prepare an All Hazards Mitigation PIan; Now, therefore, be it resolved, that the City of Kenai City Council, hereby adopts the City of Kenai All Hazards Mitigation Plan as an official plan; and Be it further resolved, that the City of Kenai will submit on behalf of the participating municipalities the adopted All Hazards Mitigation Plan to the Alaska Division of Emergency Services and the Federal Emergency Management Agency officials for final review and approval. Passed: City of Kenai All Hazard Mitigation Plan Page 7 20 Certifying Official Flood Wildland Fire Earthquake Volcano Snow Avalanche Tsunami Seiche Y/H Y/H Y/H Y/L N U/L Weather Landslides Erosion Drought Technological Economic Y/H NIL Y/H U/L U/L U/L A. How was it done? The planning department, using staff assets, developed the City of Kenai All Hazard Mitigation Plan. The planning department coordinated with agencies to include; the Alaska Division of Emergency Services and the Kenai Peninsula Borough. These agencies provided information from existing plans including; Alaska State All Hazard Mitigation Plan, City of Kenai Emergency and Comprehensive Plans, the Kenai Peninsula Borough mitigation and Zone Plans. The Planning Department compiled all pertinent data and completed a draft plan with subsequent review and input by all listed parties. Then the City Administration, Public Works Department and Public Safety reviewed the submission, gathered additional data which included public comment as obtained cooperatively with the Kenai Peninsula Borough, and an initial draft was completed. B. Who were contributors? The City of Kenai Public Works and Planning Department, Planning and Zoning Commission, U.S. Military, Public, private sector, City of Kenai Public Safety departments, and the Kenai Peninsula Borough OEM, C. Public Opportunity for Involvement Public meetings, websites, newspaper articles, flyers and advertisements were used to announce the meetings in this section. See Borough documentation. A. Hazard Identification *Hazard Matrix CITY OF KENAI Hazard Identification: Y: Hazard is present in jurisdiction but probability unknown N: Hazard is not present U: Unknown if the hazard occurs in the jurisdiction Risk: Chapter IV Hazard Identification Risk Assessment L: Hazard is present with a low probability of occurrence M: Hazard is present with a moderate probability of occurrence H: Hazard is present with a high probability of occurrence City of Kenai All Hazard Mitigation Plan Chapter III Planning Process 21 Page 8 B. Hazard Profile (NOTE: References to "the Plan" refer to the KPB *All Hazard Mitigation Plan Flood Please reference the Plan for detailed flood events affecting the City of Kenai and Kenai Peninsula. Kenai is at the mouth of the Kenai River, on the shores of Cook Inlet. The summary of historical flood events shows clearly that the City is adversely affected by nearly all significant events. For example, in 1995, as referenced in the Plan, flood events resulted in tremendous debris flowing downstream into the City limits. City service including police, ire, public works and the administration were mobilized using City boats, vehicles, and safety equipment to intercept and extract huge quantities of debris such as docks, sheds, large LPG tanks, fuels storage tanks and damaged boats from the Kenai River before this debris caused further property damage and before it could flow into Cook Inlet shipping lanes. Collected debris was extracted using City Dock resources and cranes, then stockpiled on approximately two (2) acres of Dock property for safe keeping, identification, pollution prevention, retrieval by owners and eventual disposal. City personnel patrolling the Kenai River for debris also assisted many private and commercial property owners in securing loose docks, boats and other debris before it could be swept downstream, and before this debris caused additional property and ecological damage. This process within City limits was conducted entirely with City incident management teams. Coordinated records, reports and financial records were physically delivered to the Borough offices by a runner on a daily basis. The City public safety building served as the incident command site for the duration of this event, coordinating efforts with the Boroughs temporary command site in Soldotna by phone and periodic face -to face meetings. City staff remained on -duty for several days, incurring tens of thousands of dollars in personnel costs. Resources such as cars, trucks, loaders, fire engines, ambulances, survival equipment and ropes, buildings and fuel were committed to this event. Damage to equipment was experienced and was later reimbursed through FEMA. Wildland Fires Dead and dying spruce trees pose the greatest risk of wild fire on the entire Kenai Peninsula. Within the City, trees infested by the spruce bark beetle became a mitigation priority in the late 1990's, with firefighters conducting door -to -door educational campaigns in high -risk neighborhoods delivering information packets to homeowners on how to develop a defensible space around their properties. The City proactively pursued a mitigation plan that resulted in the clearing of dead and dying spruce City of Kenai All Hazard Mitigation Plan Page 9 22 from approximately 700 acres of public and private land. Logistically, the reduction in fuels within the City has enabled State Forestry resources to free themselves to patrol other nearby communities, and has reduced wildfire activity within the City. Damage from fallen trees during heavy wind storms has dropped drastically within the City. Homer Electric Association has attributed this reduction directly to the City's pro Firewise actions. The City continues to promote the Firewise Project, and promotes the use of a "slash drop point" on a large parcel of Borough property off of Redoubt Avenue in the City of Kenai. This drop point, along with the original drop point at Mile 13 of the Kenai Spur Highway, has been heavily used since being established in the year 2000. The Kenai Peninsula Borough Spruce Bark Beetle Mitigation Office has worked closely with the City in funding a contracted, clean- burning incinerator to clear slash from the drop point. This partnership has resulted in the Borough exploring the possibility of expanding the drop point method to other parts of the Peninsula. Historically significant fires within the City included the 1969 Swanson River Fire, as noted in the Borough HazMit Plan, and the Swires Road fire in the mid- 1980's. The City does experience small wildland fires throughout the summer months, with the most recent being a 10 acre fire during the summer of 2009 which the City of Kenai Fire Department and State Forestry responded to cooperatively. The City continues to educate the public on the dangers of wildfire in the City, and efforts to identify and remove wildland fire hazards continue as well. Erosion The Kenai River meanders through the City of Kenai. There is about a mile of 55- to 70 -foot high eroding river bluff in the downtown center of the City. A comparison of aerial photos over 50 years reveals approximately 150 feet of horizontal distance of erosion. This equals an average of three feet of erosion per year. There is a similar erosion problem along the Cook Inlet where the bluff even gets higher. Major erosion occurs when there is a high tide and large storm waves that carry away the base material of the bluff making the slopes steeper. These steeper slopes are more susceptible to erosion by wind and surface or ground water. The City of Kenai has lost land and structures due to the erosion. Roads have been abandoned and sewer mains relocated. The recent sewer line relocation and roadwork due to the erosion on Mission Street was in excess of $300,000. After years of studies, the City of Kenai is planning a Kenai Coastal Trail and Erosion Protection project that will stop the erosion process along the Kenai River in the downtown area. The US army Corps of Engineers is completing a $500,000 study of this project. The next step is to find the Engineering and Construction Funds to complete this very badly needed project. City of Kenai All Hazard Mitigation Plan Page 10 23 From the fall through the spring, low pressure cyclones either develop in the Bering Sea or Gulf of AIaska or are brought to the region by wind systems in the upper atmosphere that tend to steer storms in the north Pacific Ocean toward Alaska. When these storms impact the shoreline, they often bring wide swathes of high winds and occasionally cause coastal flooding and erosion. Coastal Storms =z The intensity, location and the land's topography influence the storm's impact. Another factor that influences the damage done to the shoreline by coastal storms is whether or not the shore ice is solid enough to protect against erosion and physical damage to community infrastructure, Fierce storm conditions do not have to be present to cause damage. The City of Kenai community suffers from "Silent Storms" where high -water storm surges erode and undercut the banks melting the permafrost. Erosion is a process that involves the wearing away, transportation, and movement of land. Erosion rates can vary significantly as erosion can occur quite quickly as the result of a flash flood, coastal storm or other event. It can also occur slowly as the result of long -term environmental changes. Erosion is a natural process but its effects can be exacerbated by human activity. Erosion rarely causes death or injury. However, erosion causes the destruction of property, development or infrastructure. In Alaska, coastal erosion is the most destructive. Riverine erosion is a close second and wind erosion is a distant third. Classifying erosion can be confusing, as there are multiple terms to refer to the same type of erosion. For example, riverine erosion may be called stream erosion, stream bank erosion, or riverbank erosion, among other terms. Coastal erosion is sometimes referred to as tidal land forming gullies. It is also caused by erosion. Sometimes, bluff erosion is included in wave action at the toe of the bluff or when coastal erosion, other times they are two separate bluff collapses under the weight of a processes. The same goes for beach erosion. For heavy snow or rainfall. this annex, coastal erosion encompasses bluff and beach erosion while riverine erosion will be considered synonymous for stream erosion, stream bank erosion and riverbank erosion. Coastal Erosion Coastal erosion is the wearing away of land resulting in loss of beach, shoreline, or dune material from natural activity or human influences. Coastal erosion occurs over the area roughly from the top of the bluff out into the near -shore region to about the 30 foot water depth. It is measured as the rate of change in the position or horizontal displacement of a shoreline over a period of time. Bluff recession is the most visible aspect of coastal erosion because of the dramatic change it causes in the City of Kenai All Hazard Mitigation Plan 24 Page 11 landscape. As a result, this aspect of coastal erosion usually receives the most attention. On the coast, the forces of erosion are embodied. in waves, currents, and wind. Surface and ground water flow, and freeze -thaw cycles may also play a role. Not all of these forces may be present any particular location. Coastal erosion can occur from rapid, short -term daily, seasonal, or annual natural events such as waves, storm surge, wind, coastal storms, and flooding or from human activities including boat wakes and dredging. The most dramatic erosion often occurs during storms, particularly because the highest energy waves are generated under storm conditions. Coastal erosion also may be from multi -year impacts and long -term climatic change such as sea -level rise, lack of sediment supply, subsidence or long -term human factors such as the construction of shore protection structures and dams or aquifer depletion. Studies are underway to determine the effects generated from global warming. Ironically, attempts to control erosion through shoreline protective measures such as groins, jetties, seawalls, or revetments, can actually lead to increased erosion activity. This is because shoreline structures eliminate the natural wave run -up and sand deposition processes and can increase reflected wave action and currents at the waterline. The increased wave action can cause localized scour both in front of and behind structures and prevent the settlement of suspended sediment. Fortunately in Alaska, erosion is hindered by bottomfast ice, which is present on much of the Arctic coastline during the winter. These areas are fairly vulnerable while the ice is forming. The winds from a fall storm can push sea ice into the shorefast ice, driving it onto the beach. The ice will then gouge the beach and cause other damage. Factors Influencing the Erosion Process There are a variety of natural and human induced factors that influence the erosion process. For example, shoreline orientation and exposure to prevailing winds, open ocean swells, and waves all influence erosion rates. Beach composition influences erosion rates as well. For example, a beach composed of sand and silt, such as those near Shishmaref, are easily eroded whereas beaches primarily consisting of boulders or Iarge rocks are more resistant to erosion. Other factors may include: Shoreline type City of Kenai All Hazard Mitigation Plan Page 12 25 Definitions: Groin A narrow, elongated coastal engineering structure built on the beach perpendicular to the trend of the beach. Its purpose is to trap longshore drift to build up a section of beach Jetty A narrow, elongated coastal engineering structure built perpendicular to the shoreline at inlets to stabilize the position of a navigation channel, to shield vessels from wave forces, and to control the movement of sand along adjacent beaches to minimize the movement of sand into a channel. Seawall A vertical, wall -like coastal engineering structure built parallel to the beach or duneline and usually located at the back of the beach or the seaward edge of the dune. They are designed to halt shoreline erosion by absorbing the impact of waves. Revetment An apron -like, sloped, coastal engineering structure built on a dune face or fronting a seawall. Designed to dissipate the force of storm waves and prevent undermining of a seawall, dune or placed fill. Geomorphology of the coast Structure types along the shoreline Density of development Amount of encroachment into the high hazard zone Proximity to erosion inducing coastal structures Nature of the coastal topography EIevation of coastal dunes and bluffs Shoreline exposure to wind and waves Coastal Erosion in Alaska Coastal erosion is a problem in all 30 coastal states, showed that just less than 11% of Alaska's coastline was not sound like much but it means that approximately 5,100 miles of Alaska's coast is experiencing "significant" erosion. That's more than most states have in coastline. When undeveloped coastlines undergo erosion, it does not present a problem because there is nothing to be damaged. However, in developed areas, primarily along the western and northern coasts of Alaska and the Cook Inlet, erosion is a significant threat. In extreme cases, an entire community can be threatened in these areas such as the City of Kenai, Shishmaref and Point Hope. Usually, only part of a community is at risk. For example, most of Kenai is unaffected by erosion however, large sections of the City's coast, including the Historic District, and residential areas are. Riverine Erosion Rivers constantly alter their course, changing shape and depth, trying to find a balance between the sediment transport capacity of the water and the sediment supply. This process, called riverine erosion, is usually seen as the wearing away of riverbanks and riverbeds over a long period of time. City of Kenai All Hazard Mitigation Plan 26 including Alaska. A 1971 USACE study undergoing "significant" erosion. This may Erosional and depositional processes: Degradation: Lowering of the channel bed on a substantial reach length occurring over a relatively long period of time in response to disturbances that affect general watershed conditions, such as sediment supply, runoff volume, and artificial channel controls. Aggradation: Raising of the channel bed as a result of disturbances in watershed conditions that produce the opposite effect to those leading to degradation. General Scour: Lowering of the streambed in a general area as consequences of a short duration event such as the passage of a flood. Examples are the erosion zones near bridge abutments and those in the vicinity of gravel pits. Local Scour: Lowering of the bed due to localized phenomena such as vortex formation around bridge piers. Deposition: Raising of the streambed due to specific episode. An example is the formation of a sand bar after a flood event. Deposition is used in this document as the counterpart of general scour. Lateral Migration: Shifting of the streambank alignment due to a combination of the above vertical erosional and depositional processes. The most common example is meander migration in the floodplain. Bank retreat due to mass failure is another example. Riverine erosion is often initiated by failure of a riverbank causing high sediment loads or heavy rainfall. This generates high volume and velocity run- off which will concentrate in the lower drainages within the river's catchment area. When the stress applied by these river flows exceeds the resistance of the riverbank material, erosion will occur. As the sediment load increases, fast flowing rivers will Page 13 erode their banks downstream. Eventually, the river becomes overloaded or Velocity is reduced, leading to the deposition of sediment further downstream or in dams and reservoirs. The deposition may eventually lead to the river developing a new channel. While all rivers change in the long -term, short-term rates of change vary significantly. In less stable braided channel reaches, erosion and deposition of material are a constant issue. In more stable meandering channels, episodes of erosion may only occur occasionally. The erosion rate depends on the sediment supply and amount of run- off reaching the river. These variables are affected by many things including earthquakes, floods, climatic changes, loss of bank vegetation, urbanization, and the construction of civil works in the waterway. Riverine erosion has many consequences including the loss of land and any development on that land. It can cause increased sedimentation of harbors and river deltas. It can hinder channel navigation affect marine transportation source. Other problems include reduction in water quality due to high sediment loads, loss of native aquatic habitats, damage to public utilities (roads, bridges, and dams) and maintenance costs associated with trying to prevent or control erosion sites. Riverine Erosion in Alaska Examples of riverine erosion are found throughout Alaska that threatens both public and private property. Riverine erosion on the meandering Matanuska River, near Palmer, has already destroyed several homes and is threatening more. Attempts to control erosion have met with very limited success. For example, armored dikes helped control erosion for a while but eventually failed. Riverine erosion problems also exist on other rivers including the Kuskokwim, Yukon, and Kenai Rivers. Erosion on the Kenai is of great concern to resource management agencies because the increased sedimentation and loss of streamside cover associated with accelerated erosion rates may threaten salmon returns to the river. Salmon fishing on the Kenai can generate as much as $78 million annually in direct benefits. Wind Erosion Wind erosion is when wind is responsible for the removal, movement and redeposition of land. It occurs when soils are exposed to high velocity wind. The wind will pick up the soil and carry it away. The wind moves soil particles 0.1 -0.5 mm in size in a hopping or bouncing fashion (known as saltation) and those greater than 0.5 mm by rolling (known as soil creep). The finest particles (Iess than 0.1 mm) are carried in suspension. Wind erosion can increase during periods of drought. Wind erosion can cause a loss of topsoil, which can hinder agricultural production. The dust can reduce visibility causing automobile accidents, hinder machinery, and have a negative effect on air and water quality creating animal and human health concerns. Wind erosion also causes damage to public utilities and infrastructure. City of Kenai All Hazard Mitigation Plan 27 Page 14 Historic Volcanic Activity The largest volcanic eruption of the 20th century occurred at Novarupta Volcano in June 1912. It started by generating an ash cloud that grew to thousands of miles wide during the three -day event. Within four hours of the eruption, ash started failing on Kodiak, darkening the city. It became hard to breathe because of the ash and sulfur dioxide gas. The water became undrinkable and unable to support aquatic life. Roofs collapsed under the weight of the ash. Some buildings were destroyed by ash avalanches, while others burned after being struck by lightning from the ash cloud. Similar conditions could be found all over the area. Some villages ended up being abandoned, including Katmai and Savonoski villages. The ash and acid rain also negatively affected animal and plant life. Large animals were blinded and many starved because their food was eliminated. The ash fall from this eruption was significantly greater than the recent eruptions of Redoubt, Spurr and Augustine Volcanoes. Fourteen earthquakes of magnitude 6 to 7 were associated with this event. At least 10 Alaskan volcanoes are capable of this type of event. A more recent eruption occurred on Augustine Volcano in 1986. An ash plume disrupted air traffic and deposited ash in Anchorage. A dome formed in the crater, and caused some to fear it would subsequently collapse and trigger a tsunami along the east shore of Cook Inlet, as happened in 1883. Redoubt Volcano erupted in 1989 -1990 and debris flows caused temporary closing of the Drift River Oil Terminal. A similar eruption event occurred again in 2009 effecting the offloading of 3.7 million gallons of crude oil from the oil terminal. During the 1990 event, a KLM 747 jet aircraft, flight 867, temporarily lost power in all four engines when it entered the volcanic ash plume. It would have crashed into the mountains had they not be able to restart their engines about 4,000 feet (1,219 meters) above ground. Hazard Analysis /Characterization Hazard Analysis /Characterization Volcanoes Technological (Future Addition) Economic Economic disasters can result from uncontrollable natural events that have large negative effects on a region's economic base. Unfortunately, economic disasters also result from poor business practices and public policies that inhibit competition. An economic disaster declaration does not trigger the availability of disaster assistance in the manner of a natural or technological disaster, but it can provide the basis for seeking and receiving financial assistance. For example, the declaration of an City of Kenai All Hazard Mitigation Plan Page 15 28 economic disaster for fisheries led to the availability of assistance through provisions of the Magnusen Stevens Fisheries Conservation and Management Act and the Interjurisdictional Fisheries Act in 1998, 1999 and 2000. In other instances, a disaster declaration has been unnecessary to secure assistance. For example, when Southeast pulp mills closed, extensive worker assistance was provided through the Job Training Partnership Act and the Trade Adjustment Act; funds were made available for projects through the Economic Development Administration, the US Forest Service and USDA -Rural Development. Economic disaster mitigation is not usually done by emergency management agencies, as these agencies are oriented to natural and technological disasters. Instead, it is essentially performed by economic development agencies. These agencies, or any segment of government, cannot create private economies even though they have an historic and legitimate role in fostering opportunities for economic development. Government's role cannot be to create or replace the marketplace, but to recognize and understand it, and help its citizens capitalize on the opportunities. Economic development agencies have programs designed to build, broaden and diversify the economic base by fostering economic development, and /or creating an environment in which economic development can flourish. Public infrastructure, sensible regulations, public- private partnerships, efficient and coordinated service delivery, industry advocacy, marketing, economic analysis, and the dissemination of timely information all represent legitimate venues for government to promote economic development. Approaches to Economic Development Economic development can be promoted in a variety of ways, using a variety of approaches. These approaches can overlap with one another and are not meant to represent distinctly separate strategies, but to be illustrative. These approaches are also dynamic, state strategies evolve accordingly. Economic development approaches include: Industrial recruitment competing for the siting of large industrial or manufacturing companies by promoting advantages such as tax abatement, transportation access or developed industrial locations. Targeted incentives analysis using regional economic and workforce to match the most suitable type of industry for particular areas. Quality of life promoting recreation and leisure opportunities, quality schools, cultural entities, low crime rates, a skilled workforce and clean air and water, to attract new business. Tax abatement offering property tax abatement and other forms of tax relief as a development incentive. Workforce development training the resident workforce for existing and anticipated jobs created through policy -based development initiatives, evolving technology, etc.. For example, showcasing well- educated workforces, where higher than average percentages of workers have high school degrees or college diplomas. City of Kenai All Hazard Mitigation Plan Page 16 29 Resource endowments promoting the existence of natural resource endowments to attract extractive industries, Alaska, particularly, is known as the nation's resource treasure chest with its huge oil and mineral reserves The new economy promoting an adaptable, consumer friendly, technology savvy, innovative, performance driven and accountable environment to attract technology -based and knowledge -based industries. Web -based economic information systems developing web sites, often using boroughs or sub -state regions as portals, to display and link to comprehensive economic information providing users with easy access. Regional partnerships promoting regional organizations to implement community and regional economic development priorities. These organizations are like a, two -way door, with local and regional issues, problems and priorities passing upward to the agencies, and agency programs, funding and technical assistance passing downward to the benefiting populations. Assessing Risk The first step to long -term mitigation is understanding which economies are at risk and which economies have the best chance to reduce risks through public and private investments. Ways to quantify economic risks include: Identifying comparative advantages in order to produce goods or services better than a competitor Monitoring long -term supply and demand trends Measuring the diversity of end product markets Measuring the size and diversity of base industries Measuring the growth rates in employment, income and gross sales Monitoring the relative dependence on imports Assessing the skill Ievels in the workforce Assessing the infrastructure needs to reduce transportation and energy costs. Risk can then be used to evaluate and rank economies on their potential resilience during an economic downturn. Perhaps more importantly, when risks are regularly monitored, economic information is more freely shared, creating fewer uncertainties. City of Kenai All Hazard Mitigation Plan Page 17 30 C. Vulnerability Assessments The table describes the critical facilities for the City of Kenai. Without these facilities loss of life and human suffering is certain. All City facilities are vulnerable to volcanic ash fallout, and to a Iesser extent, damage due to a severe event. Protective measures are in place to minimize such damage such as housing emergency generators inside and meeting construction standards for the seismic zone. The Senior Center, Congregate Housing (Vintage Point Manor) and Sewer Treatment Plant are more vulnerable to erosion damage than the remainder of City facilities. City Dock facilities are somewhat vulnerable to flood conditions, but were constructed with those events in mind, and generally remain usable in a flood event. The City maintains a defensible space around all City facilities as a preventative measure for wildand fires. An emergency plan is in place for critical infrastructure, evacuation districts, emergency notification and housing. The Kenai Police and Fire Departments work closely with local school administrators in planning to be self-sufficient during disasters which may isolate schools for three or more days. City of Kenai All Hazard Mitigation Plan Page 18 31 Hazard Matrix for CITY OF KENAI Flood Wildfire Earthquake Volcano Snow Avalanche Tsunami Seiche Weather Landslides Erosion Drought Technological Economic 00. Airport X X X X X 01. Fire X X X X 02. Police X X X X 03. Hospital 04. Health Clinic X X X 05. School X X X 06. Tank `Fuel) Farm 07. Electric X X X X X X 08. Telephone X X X X X 09. Satellite 10. Washeteria X X X 11. Harbor /Dock/Port X X X X X X X X 12. Landfill /incinerator X X X 13. Museum X X X X 14. Library X X X X 15. Road X X X X X X 16. Community Hall X X X 17. Park X X X X X 18. Civic Center 19. Cemetery X X X 20. Offices 21. Tannery 22. Sewage Lagoon X X X X X 23. Teachers Quarters X 24. Store 25. Service /Maintenance X X 26. Bridge X X X X X 27. Post Office X X X 28. Radio Transmitter X X X 29. Reservoir /Supply(water) X X X 30. Senior Center X X X X X 31. Church X X X X X 32. Community Freezer 33. Generator X X 34. Guard X X 35. Community Storage Shed 36. Boardwalk X 99. Other City of Kenai All Hazard Mitigation Plan Page 19 D. Development Trends The City recently completed the Comprehensive Plan revision, also adopted by the Borough that defines and identifies a centralized downtown area based on community desires. Millennium Square, a planned central facility and community hall, is being defined by a public work group and a large renovation/expansion is being done at the Kenai Landing property by a private investment group. Kenai Landing is located within the City at the end of Cannery Road, and is located on the banks of the Kenai River approximately 1 mile from the mouth of the river. The City has been a deferred code enforcement entity since the late 1970's enforcing local building, fire and life safety codes in plan reviews for new construction. This provides local access and oversight in new construction without requiring plans being sent through the State Fire Marshal's office in Anchorage. Zoning changes are needed to comply with Comprehensive Plan and to prevent infrastructure loss near eroding bluff Public Works has been addressing this for several years, and the City has restricted new construction near hazard areas and infrastructure has been relocated to prevent added loss or damage. (Water and sewer lines, utilities, etc.) Commercial, industrial and residential development is continuing at slow but steady pace, as is the population. The population is aging and the need for senior housing and assisted living is increasing. This has been addressed in the Comprehensive Plan. Health care facilities, physicians, dentists and family care offices are increasing within the City, and government offices are beginning a centralizing trend in Kenai. Use of the beach for recreation and personal use fisheries increases each year. Increased use of City services is taxing resources in public works, public safety and the sewer treatment plant (STP). The STP will require expansion in the near future so evaluation and planning for the facility is ongoing. The Municipal water system is being enhanced and expanded annually, with a risk analysis plan already in place. Chapter V Mitigation Goals, Objectives, Strategies A. Goal: Reduce or eliminate loss of bluff and potential damages due to such erosion by shoring the bluff, and zoning changes. Objective: Construct coastal trail walk with bluff protection, ensure zoning prohibits construction within reasonable distance from bluff, and protect city infrastructure in area. Action Item: Continue seeking funding for completion of coastal trail for bluff protection, establish zoning restrictions for that area, and develop a plan to move infrastructure back from bluff to protect from catastrophic failure and potential pollution of inlet. B. Goal: Reduce or eliminate loss of homes and property due to wildland fires by removing fuels, creating defensible spaces and public education. Objective: Develop "Fire Wise" neighborhoods to remove fuels; increase awareness of wildland /urban fire hazards in the community. City of Kenai All Hazard Mitigation Plan Page 20 33 Action Item: Continue promoting "Fire Wise" programs to include public education programs in schools and neighborhoods. Develop and demonstrate defensible space and landscaping techniques to encourage community and home construction contractor participation. Reduce fuels in hazard areas and emergency egress routes in cooperation with the Kenai Peninsula Spruce Bark Beetle Mitigation Office, State Forestry and land owners. C. Goal: Reduce or eliminate property damage and influx of debris into waterways due to floods by raising public awareness, and through zoning changes Objective: Raise public awareness of probable magnitude of flood damage and debris based on historical events using on site visits and meetings during permit issuance. Encourage securing of docks, vehicles, trash and utilities (LPG tanks, fuel tanks, etc) to reduce loss of same to owners, and reduce influx of debris into waterways during floods. Action Item: Continue cooperative efforts of the Kenai Peninsula Borough, City of Kenai Planning Zoning Commission, City Council and land owners /developers to enact and enforce a 50 -foot setback of items on property adjacent to waterways. Chapter VI Implementation Maintenance Procedures A. Implementation The City of Kenai will implement this plan by using mitigation actions within our Community Comprehensive Plan, the Capital Improvement Plan, and other plans to pursue our mitigation goals. Our various community plans will consider the best mitigation practices to maximize the benefit to the community. We will consider projects that show they are cost effective by ensuring that for every dollar spent we will get a minimum of one dollar savings from eliminating or reducing future disaster losses. We will use the following criteria to prioritize all community projects and the Planning Commission will analyze and prioritize projects based on: 1. Life saving or personal safety issues 2. Projects will be coordinated with all community plans. For example: the Community Comprehensive Plan, the Community Capital Improvement Plan, the All- Hazard Mitigation Plan, etc. 3. Protection of infrastructure (water, sewer, utility systems) 4. Protection of private property 5. Protection and preservation of historical areas 6. Protection and preservation of the bluff and river B. Maintenance The All Hazard Mitigation Plan will be reviewed annually and will be updated at a minimum of every five years or 90 days after a Presidentially declared disaster. The Director of Planning will be responsible for ensuring that reviews are completed, the planning commission and the general public will be notified of opportunities to review the plan by written invitation, use of newspaper, radio, television, brochures or flyers to advertise this opportunity and solicit involvement. Public involvement is essential to ensure that the mitigation goals, objectives and action items are addressing the community's needs. City of Kenai All Hazard Mitigation Plan Page 21 34 A -Zones Acquisition Appendix A Glossary of Terms A -Zones are found on all Flood Hazard Boundary Maps (FHBMs), Flood Insurance Rate Maps (FIRMs), and Flood Boundary and Floodway Maps (FBFMs). An A -Zone is an area that would be flooded by the Base Flood, and is the same as a Special Flood Hazard Area (SFHA) or a 100 -year floodplain. These areas may be unnumbered as AE, AH, or AO Zones. Numbered A -Zones indicates an area' s risk to flooding. Local governments can acquire lands in high hazard Areas through conservation easements, purchase of development rights, or outright purchase of property. Area of deposition where steep mountain drainages Alluvial Fan Flooding that occurs on the surface of an alluvial fan (or empty into valley floors. Flooding in these areas often have characteristics that differ from those in riverine or coastal areas. (See Alluvial Fan Flooding) Alluvial Fan Flooding Similar landform) that originates at the apex of the fan and is characterized by high velocity flows; active processes of erosion, sediment transport, and deposition; and unpredictable flow paths. Anabatic Wind Any wind blowing up an incline; the opposite to katabatic wind. Asset Any manmade or natural feature that has value, including, but not limited to people; buildings; infrastructure like bridges, roads, and sewer and water systems; lifelines like electricity and communication resources; or environmental, cultural, or recreational features like parks, dunes, wetlands, or landmarks. Aufeis When new ice continues to form on top of older ice. Ice forming situations occur wherever there are continuous sources of water and freezing temperatures. City of Kenai All Hazard Mitigation Plan Page 22 35 Avalanche Base Flood Base Flood Elevation (BFE) Base Floodplain Borough Building Building Code Caldera Chinook Community Mass of snow and ice falling suddenly down a mountain slope and often taking with it earth, rocks, trees, and rubble of every description. A term used in the National Flood Insurance Program to indicate the minimum size of a flood. This information is used by a community as a basis for its floodplain management regulations. It is the level of a flood which has a one percent chance of occurring in any given year. Also known as a 100 -year flood elevation or one percent chance flood. The elevation for which there is a one-percent chance in any given year that flood water Levels will equal or exceed it. The BFE is determined by statistical analysis for each local area and designated on the Flood Insurance Rate Maps. It is also known as 100year flood elevation. The area that has a one percent chance of flooding (being inundated by flood waters) in any given year. The basic unit of Local government in Alaska. A structure that is walled and roofed, above ground and permanently affixed to a site. The term includes a manufactured home on a permanent foundation on which the wheels and axles carry no weight. The regulations adopted by a local governing body principally setting forth standards for the construction, addition, modification, and repair of buildings and other structures for the purpose of protecting the health, safety, and general welfare of the public. A caldera is a large, usually circular depression at the summit of a volcano formed when magma is summit of a volcano formed when magma is withdrawn or erupted from a shallow underground magma reservoir. A warm down -slope wind. Any state, area or political subdivision thereof, or any Indian tribe or tribal entity that has the authority to adopt and enforce statutes for areas within its jurisdiction. City of Kenai All Hazard Mitigation Plan Page 23 36 Community Rating System (CRS) The Community Rating System is a voluntary program that each municipality or county government can choose to participate in. The activities that are undertaken through CRS are awarded points. A community's points can earn people in their community a discount on their flood insurance premiums. Critical Facility Dam A structure built across a waterway to impound water. Designated Floodway Development Digitize Disaster Mitigation Act Earthquake Facilities that are critical to the health and welfare of the population and that are especially important during and after a hazard event. Critical facilities include, but are not limited to, shelters, hospitals, and fire stations. The channel of a stream and that portion of the adjoining floodplain designated by a regulatory agency to be kept free of further development to provide for unobstructed passage of flood flows. Any man -made change to improved or unimproved real estate, including but not limited to buildings other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or of equipment or materials. To convert electronically points, lines, and area boundaries shown on maps into x, y coordinates (e.g., latitude and longitude, universal transverse Mercator (UTM), or table coordinates) for use in computer applications. DMA 2000 (public Law 106 -390) is the latest legislation of 2000 (DMA 2000) to improve the planning process. It was signed into law on October 10, 2000. This new legislation reinforces the importance of mitigation planning and emphasizes planning for disasters before they occur. A sudden motion or trembling that is caused by a release of strain accumulated within or along the edge of the earth's tectonic plates. Earthquake Swarm A collection of earthquakes that is frequent in time here is no identifiable main shock. City of Kenai All Hazard Mitigation Plan Page 24 37 Elevation The raising of a structure to place it above flood waters on an extended support structure. Emergency Operations Plan A document that: describes how people and property will be protected in disaster and disaster threat situations; details who is responsible for carrying out specific actions; identifies the personnel, equipment, facilities, supplies, and other resources available for use in the disaster; and outlines how aII actions will be coordinated. Erosion The wearing away of the land surface by running water, wind, ice, or other geological agents. Federal Disaster Declaration The formal action by the President to make a State eligible for major disaster or emergency assistance under the Robert T. Stafford Relief and Emergency Assistance Act, Public Law 93 -288, as amended. Same meaning as a Presidential Disaster Declaration Federal Emergency Management) A federal agency created in 1979 to provide a single Agency (FEMA point of accountability for all federal activities related to hazard mitigation preparedness response and to hazard mitigation, preparedness, response, and recovery. Flash Flood Flood Control Flood Disaster Assistance A flood event occurring with little or no warning where water levels rise at an extremely fast rate. It is often the result of heavy rainfall in a localized area. Flood A general and temporary condition of partial or complete inundation of water over normally dry land areas from (1) the overflow of inland or tidal waters, (2) the unusual and rapid accumulation or runoff of surface waters from any source, or (3) mudflows or the sudden collapse of shoreline land. Keeping flood waters away from specific developed or populated areas by the construction of flood storage reservoirs, channel alterations, dikes and levees, bypass channels, or other engineered structures Flood disaster assistance includes development of comprehensive preparedness and recovery plans, program capabilities, and organization of Federal agencies and of State and local governments to mitigate the adverse effects of disastrous floods. It may include maximum hazard reduction, avoidance, and City of Kenai All Hazard Mitigation Plan Page 25 38 Flood Elevation Flood Frequencies Flood Fringe Flood Hazard Flood Hazard Boundary Map Flood Insurance Rate Map mitigation measures, as well policies, procedures, and eligibility criteria for Federal grant or loan assistance to State and local governments, private organizations, or individuals as the result of the major disaster. Elevation of the water surface above an establish datum (reference mark), e.g. National Geodetic Vertical Datum of 1929, North American Datum of 1988, or Mean Sea Level Frequencies are determined by plotting a graph of the size of all known floods for an area and determining how often floods of a particular size occur. The frequency is the chance of a flood occurring during a given timeframe. It is the percentage of the probability of flooding each year. For example, the100 -year flood has a 1% chance and the 10 -year flood has a 10% chance of occurring in any given year. That portion of the floodplain that Iies beyond the floodway and serves as a temporary storage area for floodwaters during a flood. This section receives waters that are shallower and of lower velocities than those of the floodway. Flood Hazard is the potential for inundation and involves the risk of life, health, property, and natural value. Two reference base are commonly used: (1) For most situations, the Base Flood is that flood which has a one percent chance of being exceeded in any given year (also known as the 100 -year flood); (2) for critical actions, an activity for which a one percent chance of flooding would be too great, at a minimum the base flood is that flood which has a 0.2 percent chance of being exceeded in any given year (also known as the 500 -year flood). Flood Hazard Boundary Map (FHBM) means an Official (FHBM) map of a community, issued by the Administrator, where the boundaries of the flood, mudslides (i.e., mudflow) related erosion areas having special hazards have been designated as Zones A, M, and /or E. Flood Insurance Rate Map (FIRM) means an official map of a community, on which the Administrator has delineated both the special hazard areas and the risk premium zones applicable to the community. City of Kenai All Hazard Mitigation Plan Page 26 39 Flood Insurance Study Flood Insurance Study or Flood Elevation Study means an examination, evaluation and determination of flood hazards and, if appropriate, corresponding water surface elevations, or an examination, evaluations and determination of mudslide (i.e., mudflow) and /or flood related" erosion hazards. Floodplain A "floodplain" is the lowland adjacent to a river, lake or ocean. Floodplains are designated by the frequency Of the flood that is large enough to cover them. For example, the 10 -year floodplain will be covered by the 10 -year flood. The 100 -year floodplain by the 100 year flood. Floodplain Management Thee operation of an overall program of corrective and preventive measures for reducing flood damage, including but not limited to emergency preparedness plans, flood control works and floodplain management regulations. Floodplain Management Floodplain Management Regulations means Regulations zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as floodplain ordinance, grading ordinance and erosion control ordinance) and other applications of police power. The term describes such state or local regulations, in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction. Flood Proofing Floodway Flood Zones Any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved property, water and sanitary facilities, structures and their contents Floodway means the channel of a river or other watercourse and the adjacent Iand areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height. Zones on the Flood Insurance Rate Map (FIRM) in which a Flood Insurance Study has established the risk premium insurance rates. City of Kenai All Hazard Mitigation Plan Page 27 40 Flood Zone Symbol A area of special flood hazard without water surface elevations determined. Freeboard Fumarole Geographic Information System A 1 -30, AE Area of special flood hazard with water 30 surface elevations determined. AO Area of special flood hazard having shallow water depths and /or unpredictable flow paths between one and three feet. A -99 Area of special flood hazard where enough progress has been made on a protective system, such as dikes, dams, and levees, to consider it complete for insurance rating purposes. AH Area of special flood hazard having shallow water depths and/or unpredictable flow paths between one and three feet and with water surface elevations determined. B, X Area of moderate flood hazard. C, X Area of minimal hazard. D Area of undetermined but possible flood hazard. Freeboard means a factor of safety usually expressed in feet above a flood level for purposes of floodplain management. Freeboard tends to compensate for many unknown factors that could contribute to flood heights greater than the height calculated for a selected size flood and floodway conditions, such as wave action, bridge openings, and the hydrological effect of urbanization of the watershed. Fumaroles are vents from which volcanic gas escapes into the atmosphere. Fumaroles may occur along tiny cracks or long fissures, in chaotic clusters or fields, and on the surfaces of lava flows and thick deposits of pyroclastic flows. They may persist for decades or centuries if they are above a persistent heat source or disappear within weeks to months if they occur atop a fresh volcanic deposit that quickly cools. A computer software application that relates physical features of the earth to a database that can be used for mapping and analysis. City of Kenai All Hazard Mitigation Plan Page 28 41 Governing Body The legislative body of a municipality that is the assembly of a borough or the council of a city. Hazard A source of potential danger or adverse condition. Hazards in the context of this plan will include naturally occurring events such as floods, earthquakes, tsunami, coastal storms, landslides, and wildfires that strike populated areas. A natural event is a hazard when it has the potential to harm people or property. Hazard Event A specific occurrence of a particular type of hazard. Hazard Identification The process of identifying hazards that threaten an area. Hazard Mitigation Hazard Mitigation Grant Program Hazard Profile Hydrology Infrastructure Any action taken to reduce or eliminate the long -term risk to human life and property from natural hazards. (44 CFR Subpart M 206.401) The program authorized under section 404 of the Stafford Act, which may provide funding for mitigation measures identified through the evaluation of natural hazards conducted under §322 of the Disaster Mitigation Act 2000. A description of the physical characteristics of hazards and a determination of various descriptors including magnitude, duration, frequency, probability, and extent. In most cases, a community can most easily use these descriptors when they are recorded and displayed as maps. Hazard and Vulnerability Analysis The identification and evaluation of all the hazards that potentially threaten a jurisdiction and analyzing them in the context of the jurisdiction to determine the degree of threat that is posed by each. The science of the behavior of water in the atmosphere, on the earth's surface, and underground. The public services of a community that have a direct impact to the quality of life. Infrastructure refers to communication technology such as phone lines or Internet access, vital services such as public water supply and sewer treatment facilities, and includes an area' s transportation system, regional dams or bridges, etc. City of Kenai All Hazard Mitigation Plan Page 29 42 Intensity A measure of the effects of a hazard event at a particular place. Interferometer Inundation Jokulhlaup Katabatic wind Knot Lahar Landslide Lava dome Liquefaction A method employing the interference of electromagnetic radiation to make highly precise measurements of the angle between the two rays of light. The maximum horizontal distance covered by flood water, a seiche or a tsunami. A sudden flood -like release of water from a glacier. (Glacier outburst flooding) Any wind blowing down an incline; the opposite to anabatic wind. A unit of measurement equaling 1 nautical mile per hour. This is roughly 1.15 statute miles per hour or 1.852 kilometers per hour. Lahar is an Indonesian word for a rapidly flowing mixture of rock debris and water that originates on the slopes of a volcano. Lahars are also referred to as volcanic mudflows or debris flows. They form in a variety of ways, chiefly by the rapid melting of snow and ice by pyroclastic flows, intense rainfall on loose volcanic rock deposits, breakout of a lake dammed by volcanic deposits, and as a consequence of debris avalanches, Downward movement of a slope, soil, and other materials or debris under the force of gravity. Lava domes are rounded, steep -sided mounds built by very viscous magma. Such magmas are typically too viscous (resistant to flow) to move far from the vent before cooling and crystallizing. Domes may consist of one or more individual lava flows. The phenomenon that occurs when ground shaking causes loose soils to lose strength and act like a thick or viscous fluid. Liquefaction causes two types of ground failure: lateral spread and loss of bearing strength. Littoral Of or pertaining to the shore, especially of the sea. City of Kenai All Hazard Mitigation Plan Page 30 43 Local Emergency Planning Committee (LEPC) Local Government Magma Magnitude Mitigate Mitigation Plan Municipality LEPCs consist of community representatives and are appointed by the State Emergency Response Commissions (SERCs), as required by Superfund Amendments and Reauthorization Act (SARA), Title III. They develop an emergency plan to prepare for and respond to a chemical emergency. They are also responsible for coordinating with local facilities to find out what they are doing to reduce hazards, prepare for accidents, and reduce hazardous inventories and releases. The LEPC serves as a focal point in the community for information and discussion about hazardous substances, emergency planning, and health and environmental risks Any county, borough, municipality, city, township, public authority, school district, intrastate district, council of governments (regardless of whether the council of governments is incorporated as a nonprofit corporation under State law), regional or interstate government entity, or agency, or instrumentality of a local government; any Indian tribe or authorized tribal organization, or Alaska Native village or organization; and any rural community, unincorporated town or village, or other public entity, for which an application for assistance is made by a State or political subdivision of state. Molten rock originating from the Earth' s interior. A measure of the strength of a hazard event. The magnitude (also referred to as severity) of a given hazard event is usually determined using technical measures specific to the hazard. To cause something to became less harsh or hostile, to make less severe or painful A systematic evaluation of the nature and extent of vulnerability to the effects of natural hazards typically present in the State and includes a description of actions to minimize future vulnerability to hazards. A political subdivision incorporated under the laws of the State that is a home rule or general law city, a home rule or general law borough, or a unified municipality. City of Kenai All Hazard Mitigation Plan Page 31 44 National Flood Insurance The Federal program, created by an act of Congress in Program (NFIP) 1968 that makes flood insurance available in communities that enact satisfactory floodplain management regulations. National Weather Service Prepares and issues flood, severe weather, and coastal (NWS) storm warnings and can provide technical assistance to federal and State entities in preparing weather and flood warning plans. Natural Disaster Any natural catastrophe, including any hurricane, tornado, storm, high water, wind, driven water... tsunami, earthquake, volcanic eruption, landslide, snowstorm, fire, or drought. (44 CFR Subpart M 206.401) New Construction New construction means structures for which the "start of construction" on or after the effective date of a floodplain management regulation adopted by a community and includes any subsequent improvement to such structures. Constructural Floodplain Those measures, such as flood proofing, employed to Management Measures to modify the exposure of buildings to floods and use planning, warning, schemes, and insurance as opposed to structural measures (such as dams, levees, and channel modifications). One Hundred (100) Year The flood elevation that has a one percent chance of occurring in any given year. It is also known as the Base FIood. Orthophoto Overlay Zone An aerial photo that has been corrected to eliminate the effects of camera tilt and relief displacement. The ground geometry is recreated as it would appear from directly above each and every point. Overlay zones (overlay districts) create a framework for conservation or development of special geographical areas. In a special resource overlay district, overlay provisions typically impose greater restrictions on the development of land, but only regarding those parcels whose development, as permitted under the zoning, may threaten the viability of the natural resource. In a development area overlay district, the provisions may impose restrictions as well, but also may provide zoning incentives and waivers to City of Kenai All Hazard Mitigation Plan Page 32 45 Period Permeability Planning Preparedness Probability Pyroclastic Pyroclastic Flow Recovery Regulatory Floodplain encourage certain types and styles of development. Overlay zone provisions are often complemented by the adoption of other innovative zoning techniques, such as floating zones, special permits, incentive zoning, cluster development and special site plan or subdivision regulations, to name a few. The length of time between two successive peaks or troughs of a wave. The Period may vary due to complex interferences of waves. Tsunami wave periods generally range from 5 to 60 minutes apart. The property of soil or rock that allows water to pass through it. The act or process of making or carrying out plans; the establishment of goals, policies, and procedures for a social or economic unit. The steps taken to decide what to do if essential services break down, developing a plan for contingencies, and practicing the plan. Preparedness ensures that people are ready for a disaster and will respond to it effectively. Actions that strengthen the capabilities of government, citizens, and communities to respond to disasters. Presidential Disaster Declaration The formal action by the President to make a State eligible for major disaster or emergency assistance under the Robert T. Stafford Relief and Emergency Assistance Act, Public Law 93 -288, as amended. A statistical measure of the likelihood that a hazard event will occur. Pertaining to fragmented rock material formed by a volcanic explosion or ejection from a volcanic vent. Lateral flow of a turbulent mixture of hot gases and unsorted pyroclastic material (volcanic fragments, ash, etc.) that can move at high speeds. The actions taken by an individual or community after a catastrophic event to restore order and lifelines in a community. City of Kenai All Hazard Mitigation Plan Page 33 46 Regulatory Floodway Regulatory Power Relocation The moving of a structure from a flood area to a new Location, normally to one where there is no threat of flooding. Repetitive Loss Property Response Retrofit The strengthening of structures to reduce or eliminate (mitigate) future disaster risks. Richer Scale A numerical scale of earthquake magnitude devised by seismologist C.F. Richter in 1935. Rift Zone A rift zone is an elongated system of crustal fractures associated with an area that has undergone extension (the ground has spread apart). Risk City of Kenai All Hazard Mitigation Plan That portion of the floodplain subject to floodplain regulations (usually the floodplain inundated by one percent chance flood). Regulatory Floodway means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height. Local jurisdictions have the authority to regulate certain activities in their jurisdiction. With respect to mitigation planning, the focus is on such things as regulating land use, development, and construction through zoning, subdivision regulations, design standards, and floodplain regulations. A property that is currently insured for which two or more National Flood Insurance Program losses (occurring more than ten days apart) of at least $1000 each have been paid within any 10 -year period since 1978. Those activities and programs designed to address the immediate and short -term effects of the onset of an emergency or disaster. The estimated impact that a hazard would have on people, services, facilities, and structures in a community; the likelihood of a hazard event resulting in an adverse condition that causes injury or damage. Risk is often expressed in relative terms such as a high, moderate, or low likelihood of sustaining damage above a particular threshold due to a specific type of 47 Page 34 Riverine Relating to, formed by, or resembling rivers (including tributaries), streams, creeks, brooks, etc. Riverine Flooding Runoff Run -up Scale Seiche Special Flood Hazard Special Hazard Area hazard event. It can also be expressed in terms of potential monetary losses associated with the intensity of the hazard. Flooding related to or caused by a river, stream, or tributary overflowing its banks due to excessive rainfall, snowmelt or ice. That portion of precipitation that is not intercepted by vegetation, absorbed by land surface, or evaporated, and thus flows overland into a depression, stream, lake, or ocean (runoff, called immediate subsurface runoff, also takes place in the upper layers of soil). The maximum vertical height of a tsunami in relation to sea level. A proportion used in determining a dimensional relationship; the ratio of the distance between two points on a map and the actual distance between the two points on the earth' s surface. An oscillating wave (also referred to as a seismic sea wave) in a partially or fully enclosed body of water. May be initiated by landslides, undersea landslides, long period seismic waves, wind and water waves, or a tsunami. Seismicity Describes the Iikelihood of an area being subject to earthquakes. An area within a floodplain having a 1 percent or greater Area (SFHA) chance of flood occurrence in greater Area (SFHA) chance of flood occurrence in any given year (100 -year floodplain); represented on Flood Insurance Rate Maps by darkly shaded areas with zone designation that include the latter A or V. Special Hazard Area means an area having special flood, mudslide (i.e., mudflow) and/or flood related erosion hazards, as shown on a FHBM or FIRM as Zone A, AOA, A1-30, AE, A99, AH, VO, VI -30, VE, V, M, or E. City of Kenai All Hazard Mitigation Plan Page 35 48 Stafford Act Stakeholder Standard Project Flood State Coordinating Agency State Disaster Declaration 1) The Robert T. Stafford Disaster Relief and Emergency Assistance Act, Public Law 93 -288, as amended. 2) The Stafford Act provides an orderly and continuing means of assistance by the Federal Government to State, local and tribal governments in carrying out their responsibilities to alleviate the suffering and damage which result from disaster. Individual or group that will be affected in any way by an action or policy. They include businesses, private organizations, and citizens A term used by the U.S. Army Corps of Engineers to designate a flood that may be expected form the most severe combination of meteorological and hydrological conditions that is considered reasonably characteristics of the geographical area in which the drainage basin is located, excluding extremely rare combinations. The peak flow for a standard project flood is generally 40 to 60 percent of the probable maximum flood for the same location. State Coordinating Agency means the agency of the State government, or other office designated by the Governor of the State or by State Statute at the request of the Administrator to assist in the implementation of the National Flood Insurance Program in that State. A disaster emergency shall be declared by executive order or proclamation of the Governor upon finding that a disaster has occurred or that the occurrence or the threat of a disaster is imminent. The state of disaster emergency shall continue until the governor finds that the threat or danger has passed or that the disaster has been dealt with to the extent that emergency conditions no longer exist and terminates the state of disaster emergency by executive order or proclamation. Along with other provisions, this declaration allows the governor to utilize all available resources of the State as reasonably necessary, direct and compel the evacuation of all or part of the population from any stricken or threatened area if necessary, prescribe routes, modes of transportation and destinations in connection with evacuation and control ingress and egress to and from disaster areas. It is required before a Presidential Disaster Declaration can be requested. City of Kenai All Hazard Mitigation Plan Page 36 49 State Hazard Mitigation Officer (SHMO) Stile A set of stairs to allow access over an obstruction, such as a floodwall Storm Surge Stream Structural Floodplain Structure Subdivision Regulations Subsidence Subsidized Rates Substantial Damage The SHMO is the representative of State government who is the primary point of contact with FEMA, other State and Federal agencies, and local units of government in the planning and implementation of pre and post disaster mitigation activities. Rise in the water surface above normal water level on open coast due to the action of wind stress and atmospheric pressure on the water surface. A body of water flowing in a natural surface channel. Flow may be continuous or only during wet periods. Streams that flow only during wet periods are termed "intermittent streams." Structure Something constructed. (see also Building) Those physical or engineering measures employed to modify the way floods behave; examples include dams, dikes, levees, channel enlargements, and diversions. Structural Mat Slab The concrete slab of a building that includes structural reinforcement to help support the building' s structure. A walled and roofed building, including a gas or Iiquid storage tank that is principally above ground and mounted to a permanent site, as well as a manufactured home. Ordinances or regulations governing the subdivision of land with respect to things such as adequacy and suitability of building sites and utilities and public facilities. Sinking of the land surface, usually due to withdrawals of underground water, oil, or minerals. Subsidized rates mean the rules established by the Administrator involving in the aggregate subsidization by the Federal Government. Damage of any origin sustained by a structure in a Special Flood Hazard Area whereby the cost of restoring the structure to its before damaged condition City of Kenai All Hazard Mitigation Plan Page 37 50 Substantial Improvement Tectonic Plate Tephra Topography Tribal Government would equal or exceeds 50 recent of the market value of the structure before the damage. Substantial improvement means any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the "start of construction" of the improvement. This term includes structures, which have incurred "substantial damage," regardless of the actual repair work performed. The term does not, however, include either: (1) Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions or (2) Any alteration of a "historic structure," provided that the alteration will not preclude the structure's continued designation as a "historic structure." Torsionally rigid, thin segments of the earth's lithosphere that may be assumed to move horizontally and adjoin other plates. It is the friction between plate boundaries that cause seismic activity. Tephra is a general term for fragments of volcanic rock and lava regardless of size that are blasted into the air by explosions or carried upward by hot gases in eruption columns or lava fountains. Tephra includes large dense blocks and bombs, and small light rock debris. The contour of the land surface. The technique of graphically representing the exact physical features of a place or region on a map. A Federally recognized governing body of an Indian or Alaska Native Tribe, band, nation, pueblo, village or community that the Secretary of the Interior acknowledges to exist as an Indian tribe under the Federally Recognized Tribe List Act of 1994, 25 U.S.C. 479a. This does not include Alaska Native corporations, the ownership of which is vested in private individuals. Tsunami A sea wave produced by submarine earth movement or volcanic eruption with a sudden rise or fall of a section City of Kenai All Hazard Mitigation Plan Page 38 51 Variance Variance means a grant of relief by a community from the terms of a floodplain management regulation. Vent Venting Vulnerability Vulnerability Assessment Watershed of the earth's crust under or near the ocean. A seismic disturbance or land slide can displace the water column, creating a rise or fall in the level of the ocean above. This rise or fall in sea level is the initial formation of a tsunami wave. Vents are openings in the Earth's crust from which molten rock and volcanic gases escape onto the ground or into the atmosphere. Vents may consist of a single circular shaped structure, a large elongated fissure and fracture, or a tiny ground crack. A system designed to allow floodwaters to enter an enclosure, usually the interior of foundation walls, so that the rising water does riot create a dangerous differential in hydrostatic pressure. This is usually achieved through small openings in the wall, such as a missing or rotated brick or concrete block or small pipe. Describes how exposed or susceptible to damage an asset it. Vulnerability depends on an asset' s construction, contents, and the economic value of its functions. The vulnerability of one element of the community is often related to the vulnerability of another. For example, many businesses depend on uninterrupted electrical power if an electrical substation is flooded, it will affect not only the substation itself, but a number of businesses as well. Other, indirect effects can be much more widespread and damaging than direct ones. The extent of injury and damage that may result from hazard event of a given intensity in a given area. The vulnerability assessment should address impacts of hazard events on the existing and future built environment. Watercourse A natural or artificial channel in which a flow of water occurs either continually or intermittently. An area that drains to a single point. In a natural basin, this is the area contributing flow to a given place or stream. City of Kenai All Hazard Mitigation Plan Page 39 52 Water Surface Elevation Water Table The uppermost zone of water saturation in the ground. Wetlands Zoning Ordinance Water surface elevation means the height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929, (or other datum, where specified) of floods of various magnitudes and frequencies in the floodplains of coastal riverine areas. Areas that are inundated or saturated frequently and for long enough to support vegetative or aquatic Iife requiring saturated or seasonally saturated soil conditions for growth and reproduction. Wildfire An uncontrolled fire spreading through vegetative fuels, exposing and possibly consuming structures. An ordinance under the State or local government's police powers that divides an area into districts and, within each district, regulates the use of land and buildings, height, and bulk of buildings or other structures, and the density of population. City of Kenai All Hazard Mitigation Plan Page 40 53 Appendix B ACMP Alaska Coastal Management Program ADES Alaska Division of Emergency Services ADF &G Department of Fish and Game (State of Alaska) ADOI Alaska Division of Insurance AEIC Alaska Earthquake Information Center AEMS Alaska Emergency Management System AFS Alaska Fire Service AGDC Alaska Geospatial Data Committee AHS Alaska Hydrologic Survey AKRR Alaska Railroad ALCOM Alaskan Command ANILCA Alaska National Interest Lands Conservation Act AOR Area of Responsibility AMSC Alaska Mountain Safety Center ANSS Advanced National Seismic System ARC American Red Cross ARES Amateur Radio Emergency Services ARNG Army National Guard ARRL American Radio Relay League AS Alaska Statute AST Alaska State Troopers ATV All Terrain Vehicle AVO Alaska Volcano Observatory AWCG Alaska Wildfire Coordinating Group BLM Bureau of Land Management CAP Community Assistance Program CAP Civil Air Patrol CDBG Community Development Block Grant CIAP Coastal Impact Assistance Program CRS Community Rating System CTOC Communications Technology, Operations Coordination DART Deep -ocean Assessment and Reporting of Tsunamis DAS Department of Administration DC Department of Corrections DCA Department of Community Advocacy DCBD Division of Community Business Development (State of Alaska) DCED Department of Community Economic Development (State of Alaska: DEC Department of Environmental Conservation (State of Alaska) DEED Department of Education Early Development (State of Alaska) DF &G Department of Fish Game DGC Division of Governmental Coordination (State of Alaska) DGGS Division of Geologic Geophysical Surveys (State of Alaska) City of Kenai All Hazard Mitigation Plan Page 41 54 DHSS Department of Health Social Services DLAW Department of Law (State of Alaska) DMVA Department of Military Veterans Affairs (State of Alaska) DNR Department of Natural Resources (State of Alaska) DOA Department of Agriculture (U.S.) DOD Department of Defense (U.S.) DOF Division of Forestry (State of Alaska) DOI Department of the Interior (U.S.) DOJ Department of Justice (U.S.) DOT &PF Department of Transportation Public Facilities (State of Alaska) DPC Governor's Disaster Policy Cabinet (State of Alaska) DPS Department of Public Safety (State of Alaska) EAS Emergency Alert System EMPG Emergency Management Program Grant EOC Emergency Operation Center EOP Emergency Operations Plan EPA Environmental Protection Agency FAA Federal Aviation Administration FCC Federal Communications Commission FEMA Federal Emergency Management Agency FGDC Federal Geospatial Data Clearinghouse FMA Flood Mitigation Assistance Program GIS Geographic Information System GOES Geostationary Operational Environmental Satellite HMGP Hazard Mitigation Grant Program HUD U.S. Department of Housing and Urban Development HVA Hazard and Vulnerability Analysis IHCA Interagency Hydrology Committee for Alaska KPB Kenai Peninsula Borough LEPC Local Emergency Planning Committee MSB Matanuska-Susitna Borough NAWAS System National Warning NFIP National Flood Insurance Program NMFS National Marine Fisheries Service NOAA National Oceanic Atmospheric Administration NOS National Ocean Service NPS National Park Service NWS National Weather Service City of Kenai All Hazard Mitigation Plan Page 42 55 PMEL Pacific Marine Environmental Laboratory SBA Small Business Administration SEAAC South -east Alaska Avalanche Center SECC State Emergency Coordination Center SERC State Emergency Response Commission SHMO State Hazard Mitigation Officer SRC Senate Concurrent Resolution TIME Tsunami Inundation Mapping Effort UAF University of Alaska Fairbanks UAF /GI University of Alaska Fairbanks Geological Institute USACE United States Army Corps of Engineers USAF United States Air Force USCG United States Coast Guard USFA United States Fire Administration USFS United States Forest Service USFWS United States Fish Wildlife Service USGS United States Geological Survey WC &ATWC West Coast/Alaska Tsunami Warning Center WMD Weapons of Mass Destruction WP Warning Point City of Kenai All Hazard Mitigation Plan Page 43 56 ITEM A: CALL TO ORDER ACTION AGENDA KENAI CITY COUNCIL REGULAR MEETING APRIL 7, 2010 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http: /www.ci.kenai.ak.us 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda 'All items listed with an asterisk are considered to be routine and non- controversial by the council and will be approved by one motion. There will be no separate discussion of these items unless a council member so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda as part of the General Orders. ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes) ITEM C: UNSCHEDULED PUBLIC COMMENTS (3 minutes) ITEM D: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker.) 1. AMENDED/PASSED UNANIMOUSLY. Ordinance No. 2472 -2010 Making Corrective Amendments to the Development Requirements Table in KMC 14.24.020 Providing for Rear Setbacks of Ten (10) Feet in the Light Industrial (IL), Heavy Industrial (IH), Central Commercial (CC), General Commercial (CG), and Central Mixed Use Zones (CMU). 2. PASSED UNANIMOUSLY. Ordinance No. 2473 -2010 Increasing Estimated Revenues and Appropriations by $1 ,300 in the General Fund for a Library Grant. 3. Ordinance No. 2475 -2010 Increasing Estimated Revenues by $2,029,343.75 and Appropriations by $2,023,595 in the Debt Service Fund. a. PASSED UNANIMOUSLY. Substitute /Ordinance No. 2475 -2010 Increasing Estimated Revenues by $2,029,343.75 and Appropriations by $2,023,289.94 in the Debt Service Fund. 4. Ordinance No. 2474 -2010 Increasing Estimated Revenues and Appropriations by $4,660,000 in the Library Improvements Capital Project Fund. 57 a. PASSED UNANIMOUSLY. Substitute /Ordinance No. 2474 -2010 Increasing Estimated Revenues and Appropriations by $4,775,516 in the Library Improvements Capital Project Fund. 5. PASSED UNANIMOUSLY. Ordinance No. 2476 -2010 Authorizing a Budget Transfer Within the General Fund and Increasing Estimated Revenues and Appropriations in the Kenai Multipurpose Facility Capital Project Fund for Installation of Energy Efficient Lighting. 6. PASSED UNANIMOUSLY. Ordinance No. 2477 -2010 Authorizing a Budget Transfer Within the General Fund and Increasing Estimated Revenues and Appropriations in the Kenai Comprehensive Plan Project Fund. 7 PASSED UNANIMOUSLY. Resolution No. 2010 -20 Approving a Cooperative Agreement Between the Alaska Department of Fish and Game and the City of Kenai for Kenai River Personal Use Fishery North Shore Fishery Support Improvements and Authorizing the City Manager to Sign the Agreement on Behalf of the City of Kenai. 8. PASSED UNANIMOUSLY. Resolution No. 2010 -21 Awarding a Contract to Blazy Construction, Inc. for the Project Entitled, "Kenai Community Library Expansion and Renovation 2010" for the Total Amount of $4, 178, 516.00. 9. PASSED UNANIMOUSLY. Resolution No. 2010 -22 Authorizing the Purchase of a Truck for the Capital Projects Manager from the Capital Projects Management Fund. 10. POSTPONED TO JULY 7, 2010. Resolution No. 2010 -23 Opposing "An Initiative Creating an Alaska Anti- Corruption Act" Which Will be on the 2010 Alaska Primary Election Ballot. 11. REMOVED AS PROTEST /ADDED TO CONSENT AGENDA AND APPROVEDOO. PROTEST OF LIQUOR LICENSE RENEWAL L&M Ventures Inc., d/b /a Little Ski -Mo Drive Inn 12. WITHDRAWN. WITHDRAWAL OF PROTEST Liquor License Renewal /Alaskalanes, Inc., d/b /a Alaskalanes Bowling Center Recreational Site 13. APPROVED /CONSENT AGENDA. *Liquor License Renewal Alaska Chinook Lodge (License #4726) /Lodge Seasonal (May 1 October 31). ITEM E: MINUTES 1. APPROVED /CONSENT AGENDA. *Special Meeting of March 13, 2010. 2. APPROVED /CONSENT AGENDA. `Regular Meeting of March 17, 2010. ITEM F: UNFINISHED BUSINESS 58 1. APPROVED. Discussion /Action Item Town Hall Meeting ITEM G: NEW BUSINESS 1. APPROVED. Ratification of Bills 2. APPROVED. Approval of Purchase Orders Exceeding $15,000 3. INTRODUCED /CONSENT AGENDA. *Ordinance No. 2478 -2010 Increasing Estimated Revenues and Appropriations by $895 in the General Fund for Training Reimbursements form Internet Crimes Against Children (ICAC)• 4. APPROVED. Action Item Deed of Trust /Assignment of Lease and Security Assignment of Lease Loroc, LLC /Lot 7A, Block 1, FBO Subdivision, Fed Ex Addition (Federal Express). 5. APPROVED. Action Item Amendments to Leases /Rate Changes Kenai Golf Course. 6. APPROVED. Discussion /Action Item Bird Hazing /Airport Dog from Flyaway Farms. 7. SCHEDULED /6/7 16/2010. Discussion Schedule Annual Evaluations of City Manager, City Attorney and City Clerk. 8. RESOLUTION TO FOLLOW/PROCEED WITH COLLECTIONS. Discussion Enforcement Actions for City Code Violations and Collection of Civil Penalties. ITEM H: COMMISSION /COMMITTEE REPORTS 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 ITEM I: REPORT OF THE MAYOR ITEM J: ADMINISTRATION REPORTS 59 1. City Manager 2. Attorney 3. City Clerk ITEM K: DISCUSSION 1. Citizens (five minutes) 2. Council EXECUTIVE SESSION Pursuant to AS 29.20.020, AS 44.62.310, KMC 1.15.030, and Kenai Charter, Section 2 -6: To discuss matters the immediate knowledge of which would clearly have an adverse effect upon the finances of the City of Kenai and to obtain advice from City Attorney: (1) Kenai Landing, Inc.; (2) Potential Land Sale (TransCanada); and, (3) Ma Pa Alaskan Treasures, Inc. /Robert Debora Loveall lease dispute. DIRECTION GIVEN to City Attorney and City Manager to work on and monitor the Kenai Landing issue; directed the City Manager to monitor the issue with TransCanada and potential sale of property; and, directed City Attorney and City Manager to follow City Code with regard to Ma Pal Alaskan Treasures, Inc. ITEM L: PENDING LEGISLATION (This item lists legislation which will be addressed at a later date as noted.) Resolution No. 2009 -68 Supporting the Alaska Coastal Communities Global Climate Change Compact and Supporting the State of Alaska Energy Policy as Proposed by the 'Fri-Borough Commission. (Clerk's Note: At the January 20, 2010 Council Meeting, Resolution No. 2009 -68 was amended and reconsideration of the resolution was postponed to the May 19, 2010 council meeting.) Resolution No. 2010 -07 Amending the Administrative Policies and Procedures for the Preparation, Distribution and Publication of the City Council Agenda and Packet, Including Providing Direction Regarding the Time and Rules for Taking Public Comment. (Clerk's Note: At its March 3, 2010 meeting, Council postponed Resolution No. 2010 -07 to the second council meeting in April, 2010 (April 21, 2010). The motion to adopt is active.) Resolution No. 2010 -15 Opposing House Bill Number 266. (Clerk's Note: At its March 3, 2010 meeting, Resolution No. 2010 -15 was postponed, no time certain.) ITEM M: ADJOURNMENT 60 MEMBERS: Paulette Bokenko- Carluccio Seldovia City Term Expires 2012 Dr. Rick Foster (June Only) Homer City Term Expires 2010 Marl Anne Gross Southwest Borough Term Expires 2010 Jaynes (sham Sterling Term Expires 2012 Brent Johnson (April May Only) Kasilof 1 Clam Gulch Term Expires 2012 ALTERNATES: Todd Petersen East Peninsula Term Expires 2010 Jason Tauriainen Northwest Borough Term Expires 2011 KENAI PENINSULA BOROUGH PLAT COMMITTEE LAND'S END RESORT QUARTERDECK ROOM 4786 HOMER SPIT ROAD HOMER, ALASKA 99603 5:30 p.m. April 12, 2010 Tentative Agenda A. CALL TO ORDER B. ROLL CALL 1. Election of Officers C. APPROVAL OF AGENDA, EXCUSED ABSENCES, AND MINUTES 1. Agenda 2. Member /Alternate Excused Absences 3. Minutes a. March 22, 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. Christensen Tracts 2009 Addition KPB File 2010 -024 [Imhoff /Hough] Location: City of Homer 2. Marysville Subdivision No. 5 KPB File 2010 -035 [Imhoff/Trimble] Location: On School Avenue in Anchor Point Anchor Point APC 3. Chesloknu Subdivision Eckels Addition KPB File 2010 -032 [Integrity /Seldovia Native Assoc.] Location: Seldovia Bay 4. Renfro's Lakeside Retreat Number 5 KPB File 2010 -037 [Integrity /Renfro] Location: West of Seward Highway in Moose Pass Moose Pass APC 5. Bluesky No. 3 KPB File 2010 -039 [Mullikin /Corbin] Location: On Old Sterling Highway in Anchor Point Anchor Point APC 61 t C\a 6. Alpine Estates No. 2 KPB File 2010 -040 [Mullikin /Patton] Location: On Bald Mountain Avenue in Homer K -Bay APC 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, April 26, 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 -2200 Phone: toll free within the Borough 1- 800 -478 -4441, extension 2200 Fax: 907- 714 -2378 e -mail address: planning aC�borough.kenai.ak.us web site: www. borough .kenai.ak.us /planningdept 62 2 Philip Bryson Chairman Kenai City Term Expires 2010 Paulette Bokenko- Carluccio PC Member City of Seldovia Term Expires 2012 Alice Joanne Collins PC Member Anchor Point/ Ninilchik Term Expires 2010 Cindy Ecklund PC Member City of Seward Term Expires 2011 Dr. Rick Foster PC Member Homer City Term Expires 2010 Mari Anne Gross PC Member Southwest Borough Term Expires 2010 James Isham PC Member Sterling Term Expires 2012 Brent Johnson PC Member Kasilof /Clam Gulch Term Expires 2012 Harry Lockwood PC Member Ridgeway Term Expires 2010 Blair Martin Vice Chairman Kalifornsky Beach Term Expires 2012 Linda Murphy Parliamentarian City of Soldotna Term Expires 2011 Todd Petersen PC Member East Peninsula Term Expires 2010 KENAI PENINSULA BOROUGH PLANNING COMMISSION LAND'S END RESORT QUARTERDECK ROOM 4786 HOMER SPIT ROAD HOMER, ALASKA 99603 A. CALL TO ORDER B. ROLL CALL April 12, 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. Time Extension Requests a. Kenai Peninsula Estates Sub Skrha Addition KPB File 2007 -171 [McLane /Skrha] Location: City of Kenai b. Glen Eyrie Subdivision Heselton Addition KPB File 2008 -208 [Johnson Heselton] Location: West of Sterling Highway in Ninilchik *2. Planning Commission Resolutions a. Resolution SN2010 -04; Unnamed public access road (AKA Miller Fish Camp) to Deniigi Way permitted by Right -of -way ADL No. 64611 running East/West entirely within KN E1/2 E1/2 W1/2 NW114 NW114; T5N R8W S16, SM, AK; South of the Sterling Hwy off of Kenai Keys Rd; ESN 302 AND Unnamed public access road (AKA Miller Fish Camp) to Tikahtnu Rd permitted by Right -of -way ADL No. 64611 running North /South entirely within KN E1/2 E1/2 W112 NW1 /4 NW1 /4; T5N R8W S16, SM, AK; South of the Sterling Hwy off of Kenai Keys Rd; ESN 302 *3. Plats Granted Administrative Approval *4. Plats Granted Final Approval (20.04.070) None *5. Plat Amendment Request a. Ocean Vista Subdivision Amended (Postponed from November 9, 2009 meeting) KPB File 2006 -136 [Segesser /Linton, Carlson, London, Jones, Galvin, Poe] Recording No. HM 2007 -27 Location: West Sterling Highway in Ninilchik *6. Coastal Management Program 63 1 Jason Tauriainen PC Member Northwest Borough Term Expires 2011 Max J. Best Planning Director Dave Carey Borough Mayor *7. Commissioner Excused Absences *8. Minutes a. March 22, 2010 Plat Committee Minutes b. March 22, 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.) a. Marie McCarty, Kachemak Heritage Land Trust E. UNFINISHED BUSINESS F. PUBLIC HEARINGS 1. Vacate a portion of Hough Road and associated utility easement adjacent to Tract B -1 C, dedicated by Christensen Tracts No. 3 (Plat HM 2003 -90); AND vacate a portion of Hough Road adjacent to Tract B -2 -A, dedicated by Stream Hill Park Unit 1 (Plat HM 2006 -54); within Section 16, Township 6 South, Range 13 West; Seward Meridian, Alaska, within the City of Homer and the Kenai Peninsula Borough. KPB File No. 2010 -030. Note: Owners are proposing to relocate the right of way to overlay the existing driveway. Petitioners: Michael Shila Ann Hough; Location: City of Homer 2. Ordinance 2010 An ordinance amending KPB 21.18.090 Prior existing activities. 3. Public notice is hereby given that public hearings will be held to rename existing streets to facilitate the Enhanced 911 Street Naming and Addressing Methods within the Kenai Peninsula Borough. Renaming rights -of -way that have the same, or a similar sounding, name will enable 911 Emergency Services to respond to emergencies in an efficient timely manner, thereby avoiding delays in providing necessary emergency services. Streets under consideration at this meeting are described as follows: a. Sunshine Ct dedicated within KN 76 -156 Herrin Subdivision; T3N R12W SECTION 26,Seward Meridian, AK; off of Lost St in the community of Cohoe; ESN 302; REASON FOR CHANGE: Duplicate; PROPOSED NAME: Blithe Ct b. Sunshine P1 dedicated within HM 82 -66 Old Pioneer HM 83 -131 Old Pioneer No 2; T4S R15W SECTION 23, Seward Meridian, AK; off of Cape Ninilchik Ave in the community of Anchor Point; ESN 401; REASON FOR CHANGE: Duplicate; PROPOSED NAME: Sure Enough Rd c. Sunshine St dedicated within HM 83 -105 Buttermilk Meadows Two; T5S R12W SECTION 13, Seward Meridian, AK; off of Buttermilk Ave in the community of Fritz Creek; ESN 202; REASON FOR CHANGE: Duplicate; PROPOSED NAME: Lighthearted St d. Sunshine St dedicated within KN 76 -72 Sunshine Estates, KN 76- 131 Ruth Haven Estates, KN 95 -78 Shamrock Subdivision No 1; T7N R12W SECTION 25, Seward Meridian, AK; off of Hold 64 2 Lamplight Rd in the community of Nikiski; ESN 501; REASON FOR CHANGE: Duplicate; PROPOSED NAME: Effie St 4. KPB All- Hazard Mitigation Plan 2010 Update Earthquakes, Weather, Tsunamis and Seiches; Volcanoes; Avalanche Sections G. ANADROMOUS STREAM HABITAT PROTECTION (KPB 21.18) None H. VACATIONS NOT REQUIRING A PUBLIC HEARING None SPECIAL CONSIDERATIONS 1. Vacate a portion of the 10 -foot utility easement to accommodate an encroaching structure along the eastern boundary of Lot 2 Block 1 adjacent to Misty Lane, granted by Lucky Horseshoe Estates Unit 1 (Plat HM 77 -53); within Section 18, Township 3 South, Range 14 West, Seward Meridian, Alaska, within the Kenai Peninsula Borough. KPB File 2010 -031 Resolution 2010 -05 AND Lucky Horseshoe Estates Unit 1 Lot 2 Blk 1 Bldg. Setback Exception; KPB File 2010- 031;PC Resolution 2010 -04; Petitioner: Danny K. Presley for the Estate of Gary Kelton Presley of Anchor Point. Location: On Misty Lane in Anchor Point; Anchor Point APC 2. Time extension of DeGarmo Subdivision No. 2 Section Line Easement Vacation: Vacate the 66 -foot section line easement centered on the line common to Sections 22 and 23, adjacent to Lots 13B and Lot 12A between Kachemak Drive and Kachemak Bay; Township 6 South, Range 13 West, Seward Meridian, AK; within City of Homer; KPB File 2007 -009; Petitioners: Ann Griffin and Michael Yourkowski of Homer; Location: City of Homer 3. Mable Smith Subdivision Part 2 Lot 4 -A Blk 1 Bldg Setback Exception KPB File 2010 -041 KPB PC Resolution 2010 -06 Petitioners: Stuart and Lisa Allison Location: On Iditarod Street in Soldotna 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. DIRECTOR'S COMMENTS O. COMMISSIONER COMMENTS P. PENDING ITEMS FOR FUTURE ACTION Q. ADJOURNMENT 2. Alaska DOT Public Facilities Notice MISCELLANEOUS INFORMATIONAL ITEMS NO ACTION REQUIRED 1. Kenai Planning Zoning Commission Minutes March 10, 2010 65 3 Advisory Commission Meeting Location Date Time Anchor Point Anchor Point Chamber of Commerce April 20, 2010 7:00 p.m. Cooper Landing Cooper Landing Community Hall May 5, 2010 6:00 p.m. Hope Sunrise Hope Social Hail May 6, 2010 7:00 p.m. 3. Seward Planning Commission Minutes February 2, 2010 FUTURE PLANNING COMMISSION MEETING The next regularly scheduled Planning Commission meeting will be held Monday, April 26, 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 2200 Fax: 907 -714 -2378 e -mail address: planning @boroucth.kenai.ak.us web site: www. b. orough.kenai.ak.usfDlanningdeot 66 4 STAFF REPORT To: Planning Zoning Commission File Date: March 22, 2010 Res: PZ10 -05 GENERAL INFORMATION Applicant: For: Billy Moore, Project Designer 417- 862 -2674 ext.1855 O'Reilly Auto Parts P.O. Box 1 156 233 S. Patterson Springfield, MO 65801 O'Reilly Auto Parts 10511 Kenai Spur Highway Kenai, AK 99611 Requested Action: Landscape /Site Plan O'Reilly Auto Parts Legal Description: 1A, Sprucewood Glen Subdivision No. 10 Street Address: 10511 Kenai Spur Highway KPB Parcel No.: To Be Assigned Existing Zoning: General Commercial Current Land Use: Vacant Land Use Plan: Central Commercial ANALYSIS General information: KMC 14.25 specifies the regulations for landscape/site plans within the City of Kenai. The City has received a preliminary landscape/site plan for a new O'Reilly Auto Parts store. The store will be located at 10511 Kenai Spur Highway in the Sprucewood Glen Subdivision near the 3 -Bears Store, Aspen Hotel, and McDonalds. To accommodate the store, a preliminary plat has been submitted and processed for Sprucewood Glen Subdivision No. 10. Section 14.25.030 of that chapter details Landscaping /Site Plan submittal requirements. Scientific or common name or type of planting materials to be used in the project. o This is a preliminary plan and the planting materials are not identified. The complete plan will be submitted with the building permit. Typical planting details. 67 PZ10 -05 Comments Page 2 o Will be submitted with the building permit. Location of all planting areas and relationship to buildings, parking areas and driveways. o The preliminary plan shows the planting areas, building, parking spaces, and access. Identification and location of existing vegetation to be retained. o This is a cleared, paved lot. There is no existing vegetation. Identification and location of non living landscaping materials to be used. o Paved areas tasphalt) are shown on the plan. Identification of on -site snow storage areas. o Snow storage areas must be shown in the final plan. Drainage patterns. o Drainage patterns must be identified on the final plan. Description of buildings, including building height and ground floor dimensions. o Location and size of the building is identified on the preliminary plan. The final plan must provide a description of the building and building height. Physical features of the property including location of all buildings, ingress and egress, any unusual features of the property, which may restrict development or drainage. o The preliminary plan provides site details for this parcel as well as adjoining properties and the Kenai Spur Highway. Section 14.25.040 of the code outlines the landscaping plan performance criteria. Perimeter /Buffer Landscaping involves the land areas adjacent to the lot lines within the property boundary and serves to separate and minimize the impact between adjacent uses. o Landscaping is shown along the perimeter of the parking lot adjoining the Kenai Spur Highway right -of -way. Consideration for additional landscaping along the perimeter of the property should be considered. Interior Landscaping involves areas exclusive of the perimeter and parking lot areas. o No interior landscaping is shown and should be considered in the final plan. Parking Lot Landscaping involves areas adjacent to or within parking lots and access drives. o The plan shows a landscaping island. Additional landscaping islands should be considered. Street right -of -way Landscaping intent to soften the impact of land uses along rights -of -way but does not obscure land uses from sight. o Included in perimeter landscaping. The following are required in the site plan: Parking The plan provides for 35 parking spaces with 2 handicapped 68 PZIO-05 Comments Page 3 spaces. The plan shows the building as 7,650 square feet. Retail businesses require 1 space per 300 square feet. The proposed business requires 26 spaces and 2 handicapped spaces. The parking shown meets parking requirements. Parking Lot. o Parking lot must be paved. Paving must be completed within two (2) years after the certificate of occupancy is issued. Plan shows asphalt parking areas. Snow storage. o Final plan must identify snow storage areas. Dumpster. o Any dumpster on the site must be screened with a sight obscuring structure made of wood or concrete. Plan identifies the location for the dumpster and notes the city's requirement for screening. RECOMMENDATIONS This is a preliminary plan submitted to review the proposed development and provide feedback to assist with preparation of the final construction documents. The final plan should include the following: 1. Landscaping plan should include scientific or common name or type of planting materials and typical planting details. 2. Additional landscaping should be considered to meet the intent of KMC 14.25.040. 3. Final plan must identify snow storage area(s) and identify drainage patterns for the development. Review completed by: Marilyn K. Kebschull, AICP Planner, City of Kenai 69 WHEREAS, the attached preliminary LandscapinglSite Plan was: R d and approved: L r Date: CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ10n05 LANDSCAPE /SITE PLAN PERMIT (PRELIMIN RY) 70 A RESOLUTION OF THE PLANNING AND ZONING ADMINISTRATION OF THE CITY OF KENAI APPROVING THE ATTACHED PRELIMINARY LANDSCAPING /SITE PLAN SUBJECT TO THE FOLLOWING CONDITIONS: Received by: Marilyn Kebschuli, AICP, City Planner Submitted by: Billy Moore, Project Designer, O'Reilly Auto Parts o Submitted for: O'Reilly Auto Parts Property Address: 10511 Kenai Spur Highway O Legal Description: Lot 1A, Sprucewood Glen Subdivision No. 10 Parcel No.: To Be Assigned New Subdivision WHEREAS, the City of Kenai Planning and Zoning Administration finds this plan provides for orderly and safe development within the City commensurate with protecting the health, safety, and welfare of its citizens, and provides adequate and convenient open spaces, light and air in order to avoid congestion of commercial and industrial areas; and, WHEREAS, the plan appears to provide for landscaping and/or the retention of natural vegetation in conjunction with commercial and industrial development within the City; and, WHEREAS, the purpose of landscaping is to visually enhance the City's appearance and reduce erosion and storm runoff, and the plan appears to meet this criteria. NOW, THEREFORE, BE IT RESOLVED, BY THE PLANNING AND ZONING ADMINISTRATION OF THE CITY OF KENAI THAT THE LANDSCAPING /SITE PLAN IS APPROVED WITH THE FOLLOWING REQUIREMENTS: See Page 2. Resolution PZ10 -05 Page 2 This is a preliminary plan submitted to review the proposed development and provide feedback to assist with preparation of the final construction documents. The final plan should include the following: 1. Landscaping plan should include scientific or common name or type of planting materials and typical planting details. 2. Additional landscaping should be considered to meet the intent of KMC 14.25.040. 3. Final plan must identify snow storage area(s) and identify drainage patterns for the development. 71 Mlrl��11��1,1w�® P.0.8 FOR IAYOUTOFNEWSITE OEVELOPMENTfS PARALLEL PERPENDIOUL4R TO WORTH PL (W42'33' 1)1920? Fleck Cvc.Jl 12 uttty Ecmt s' Each Sa Form tat One 8ATM1B. 10' 90E SETBACK Medical CIWN (C) 9E01- CEN1E9 BIKANG Bldg Net I8' Frame EN a Story No Bal natt 8-2 KN 84 -305 Caton R L PO Box 240 Kend, A0 99611 10' IGE TRACT C -1 R t (co) g C WOOF 570E 1 3s 2820 lido DrIve K d t< Anchorage, AK 99501 a FA4 a Mr w 44 2004-54 (C0) a 7 Ile- 5 t) 881 7- 21 Mt 810 202 PC 687 (GO) YACANr Item 8) l KN 2007 02955 -0 0 2008 On867 R Bk 289 ds 273 K Bk289Pg273KN LOT 3A N Fgm dr (c,) VACANT Eagle Na50r 2w. 175 Port Way SW Balhbr1dge I9ked, WA 98110 Lot 3 WeaYg Famar tat 2 IN 200741 —N 33 (Item 7) Nan Oi uth n n Agreement 197.82' t L©TZA (co YAr4Nr Eagle Harbor Im. 175 Porftt Way SW BinWAdge Island WA 98110 KENAI, AK PARKS PACES PREM. SITE PL4N SC DAM 41ARCH18 6511 SrSPACES AUTO PARTS Tio nr SCALE 4e -40 -0 8ITESPEERRCNOTES; S1rEISANOPEN PAM LOT. 2 A4ETALBlOG.IS ALOE. DING T08EARCHIUECTUULY HARMONIOUSVVnH SHOPP INGCEM'fR8 CLUDEAPONYWALL 3. MESS-EGRESS THROUGH SHOPPINGCENTFRlSPLACE 4. AVM ToNctU0EGROU COI /ER, SHRl1SS,TREE'S FLOWER EEPS, 5, PAISONG STALL VIE A Min OF SSA 'x20)oR(1a2O) OUMPSTER PAD ISREQUIRED TOTES CYiEENS PF 0 MLYNKEBSCHULi, W1fEN IE0EVVS.OPERSUIDMVED ALARGESTORYWATE CE NIONFAC8EYWASMSTALLID 8. STORIAWATERREQUENENTS WOE VERfFlE0SYMl11 EISEER 9 PARKM GLO TTOBERFPAIRED &REPIACEOASNEEnEO, SIGNNQ1ES 1 5TGN 0fATIDf1APPROVED P0.5171010 FOR BEST UISLBITY. 2 W2LASCE1060BE9EQ05REN I3 BTAK POLES AREA; 12055 4 MAePOLESIGNHAGHT,;3Z 8. SIGN SETBACKOUTOFRA4 &20' FRO II ANY INTERSECTION. �I A NAK WAUSIGNAGEARFA NOREGLKA110NS. PER MARILYN K. KEBSCNULL, AICP: METAL BLDG PERMITTED AS LONG AS THEY MEET BLDG. CD9E REQUIREMENTS. PER COVENANTS RESTRICTIONS BUILDING TO HAVE A UNIFORM ARCHITECTURALLY HARMONIOUS APPEARANCE WITH THE SHOPPING ENTER. TOWN POPULATION: 7,392 MARKET POPULATION: 6,268 RADIUSt 3 MILES February 25, 2010 Volume 41 No, 4 Zoning Bulletin by be Senate Economic Growth. Committee, and, if approved by the Committee, would be heard by the full Senate, Source: Cape May County Herald; www.capemaycountyherald.com OHIO Streetsboro's Planning and 'Zoning Commission is reportedly consider- ing legislation that would govern "the construction and maintenance of wind turbines." Source: The Gateway News; wwwthegatewaynews.com PENNSYLVANIA Cumberland Township is considering a proposed zoning ordinance revision that would permit gaming facilities in the township's mixed use district. Source: The Gettysburg Times; www.gettyyurgtimes.com I h I� I'1 7') G A bill has been proposed in the state senate, which would: "permit tae posting of signs in state right -of -way for up to three days each week"; and "make sign removing volunteers financially liable for damaged signs." Source: Loudoun Independent;, www.loudoni.com SCONSI Madison is proposing the reorganization of its zoning ordinances under a Unified Development Code. The new Code will also reportedly in- clude "several new zoning ordinances and sections specifying new reg- ulations for landscaping, commercial businesses, home businesses and sexually oriented businesses." Source: Standard Journal; www.rexburgstandardjournal.tom to D(l Gal ifarr February 2S, 2010 Volume 4 No. h [isstaE Authority Planning and zoning commission approves earth removal operations 2 Nonconforming Uses—County planning commission sues to enjoin operation of a noncomplying mobile hone park 4 Proceedings —Trial court revokes developer's permit 6 Validity of Zoning Regulation -City ordinance allows churcies that meet certain requirements to avoid special use permit application process 8 Zoning News from Around the Nation 10 WEST® 2010 Thomson Reuters 40838005 February 25, 20101 Volume 41 No. 4 Authority—Planning and zoning corn approves earth removal operations Zoning Bulletin Zoning board of appeals later orders cease and desist order challenging coin II ssion's authority Citation: Lallier v. Zoning Bd. of Appeals of Town of Stafford, 119 Conn. App. 71, 2010 WI 174144 (2010) CONNECTICUT (01126110) —This case addressed the authority of a zoning board of appeals to reexamine the merits of an earlier order of a planning and zoning commission." The BBackgro' d1F•acts: Jean -Guy Lallier owned property in the town. He sought to remove 200,000 yards of gravel from approximately 14 acres of the property to create hayfield and pastureland. At his request, the town's Planning and Zoning Commission (the "PZC approved such removal. The PZC did not require Lallier to apply for a special per- mit. In doing so, the PZC found the proposed gravel removal was "inci- dental to an agricultural operation." No appeal was filed challenging the PZC's decision. Ten months later, neighbors complained to the PZC about the im- pact of the gravel removal operations at Lallier's property. The PZC de- termined that the scope of work being conducted at Lallier's property For aut�sorazatron to,Phgtoropy t arx e i:opyngh; Clea#�ace [enter at 222Rosewood Drive; Danver MA600 1s }wi z( sk oaarNesEfs.cip rghtServices 06* p errnan Dave; Eagan ,lit 55Y2 X 487455' Base outhne Material involved, tirenumberofcopiesjxaiwrsgtacfis ,eaadtie.purpdseor ormatoffheuse. T}1rs pubhcaGonwasaeatedtopr#46 buv *actbratearr aiithorr ruern3oatratron the subject matter;coGered f rot ieve4 dan pul l aUon was dot necessar y prepared:by persons hcensedto p rathce.lauu 1n a panic filar furisdi iori The;pub0sher is notengaged rn rendering legal arother professional advice andha publication is not aiubstitute for tfie•advice;of an attorney. If you require legal or pther,..expert advice, you should seek the services„of a competent attorney or other prafessionah Zoning Bulletin is published and copyrighted by Thomson Reuters, 610 Opperman Drive, P.O. Box 64526 St, Paul, MN 55164 For subscription information: call (800) 229.2084, or write west Credit Order Processing, 620 Opperman Drive, PO Box 64833, St. Paul, MN 55164.9753. POSTMASTER: Send address changes to, Zoning Bulletin, 610 Opperman Drive, P.O. Box 64526 St, Paul, MN 551640526. 610 Opperman Drive 4 P.O. Box 64526 *St. Paul, MN 55164-0526 1.800. 229.2084 ema l: west. customerservice ®thomsonreuters.com o west.thomson.comlquinlan ISSN 0514-7905 a 2010 Thomson Reuters. All Rights Reserved. Quinlanx is a Thomson Reuters brand. Zoning Bulletin February 25, 2010E Volume 4 1 No. 4 ission several towns and cities have passed or intend to pass moratoriums on dispensaries including: Auburn, Brewer, Ellsworth, and South Portland. Source: WBZ 38; http:llwbztv.com MASSACHUSETTS ©2010 Thomson Reuters Worcester City Council recently approved a zoning amendment that "expands provisions governing wind turbines." The amendment now allows by right small wind facilities (rotor diameter of 20 feet or less and no taller than 95 feet) in certain zoning districts and by special per- mit in other districts. Large wind turbines (rotor diameter greater than 20 feet and no higher than 265 feet) also require a special permit in all zoning districts. Source: Telegram Gazette; www.telegram.com MJSSO The Senate Judiciary Committee is reportedly "considering SB 556, leg- islation that would strictly regulate sexually oriented businesses." The proposed legislation would restrict sexually oriented businesses from lo- cating within 1000 feet of: "a pre existing school, a house of worship, a state licensed daycare, public library, public park, residence, or other sexually oriented business"; and prohibit the operation of such busi- nesses between midnight and 6 am. The legislation would also bar any- one with a previous sex related criminal record from having an inter- est in a sexually oriented business. Reportedly, opponents believe such regulation "should be the domain of local governments." Source: Missourinet; www.missourinet.com NEW JERSEY Senator Raymond Lesniak recently introduced Bill S -1, which would reportedly "make significant changes to the Fair Housing Act (FHA) and abolish the Council on Affordable Housing (COAH)." More spe- cifically, the bill would: "abolish COAH and assign any remaining ad- ministrative responsibilities to the State Planning Commission'; "elimi- nate the statewide calculation of need for unaffordable housing units "forgive prior round unmet need "permit local governments to take charge of planning for opportunities for affordable housing"; and "al- low for certain Regional Contribution Agreements (RCAs) that were extinguished by PL 2008, c. 46 to go forward." The legislation would reportedly "authorize a municipality to adopt an ordinance determin- ing that it has provided for an appropriate variety and choice of hous- ing and complied with the Fair Housing Act, if it meets criteria to be determined by the State Planning Commission." A municipality that fails to meet that criteria would have to "pass an indusionary zoning ordinance that requires a 20% set -aside for low and moderate- income households and workforce housing." The bill is first being considered 2010 Thomson Reuters 11 February 25, 20101 Volume 4) No. 4 Zoning Bulletin Zoning Bulletin February 25, 2010 1 Volume 41 No. 4 guage of the IRFRA, the City's decision did "not constitute a violation of" the IRFFRAA. The i provides that "[g]overnment may not sub- stantially burden a person's exercise of religion." The court had found that 5.14.2(e) did not impose a "substantial burden" on churches or their members. Rather; it had conc-uded that 5.14 -2(e) imposed a reasonable limitation on a benefit the City conferred on churches. The IRFRA further provided that government funding, benefits, or exemptions does not constitute a violation of [the IRFRA]." The court had found the overall effect of S 5.14.2(e) was to confer a ben- efit on churches that meet the specified requirements, exempting them from the special use permit application process. Zoning News from Around the Nation ARIZONA Proposed state legislation would reportedly treat churches like commer- cial establishments, prohibiting "cities from using zoning codes or land use restrictions to restrict where churches can be located." Source: Yuma Sun; www.yumasun.com N CALIFORNIA San Jose is reportedly contemplating pursuing an ordinance that per- mits and taxes medical pot dispensaries Source: San Jose Mercury News; www.snercurynews.com CONNECTICUT A three -judge panel of the 2nd U.S. Court of Appeals recently ruled that "descriptive language in ordinances, and not just mathematical percentages, can be used to determine when a business can be classi- fied as `adult oriented. This ruling resulted from the challenge by the chain store, Very intimate Pleasures "VIP of a town of Berlin ordi- nance. The ordinance defined an "adult- oriented store" as any estab- lishment having `a substantial or significant portion' of its stock in trade in adult books, videos or novelties." VIP argued the ordinance was unconstitutional because the language was "not exact enough to prevent it from being applied arbitrarily." The court disagreed. Source: The Connecticut Law Tribune; www.law.com In light of a "still evolving state law allowing marijuana dispensaries," which allows towns to pass "reasonable rules to govern dispensaries," "changed from agricultural use to [a commercial] earth removal oper- ation, and [was] therefore outside the scope of the original approval." The PZC instructed tae zoning enforcement officer to issue to Lailier a cease and desist order. Lanier appealed the cease and desist order to the towns Zoning Board of Appeals (tie "ZBA"). The ZBA upheld the order. Lailier appealed to court. Among other things, the court held that: the PZC did not have the authority to reconsider the merits of the original approval once the time for appealing from that approval had expired. The ZBA appealed. On appeal, the ZBA argued that Lallier could not rely on the PZC's approval because the PZC exceeded its authority in granting the approval. The ZBA said the PZC should have: (1) found that Lallier's proposed use of the property was not "agricultural and (2) required Lallier to obtain a special permit for his proposed activities. The Court's Decision: Judgment of trial court affirmed. The Appellate Court of Connecticut held that the ZBA "did not have the authority to enter a cease and desist that sought collaterally to chal- lenge the propriety of unappealed approvals obtained by [Lather]." In other words, the ZBA could not "collaterally attack" the PZC's original approval of Lather's gravel removal plan. The ZBA could not attempt to overturn the PZC's approval other than through an appeal of that approval. Addressing the ZBA's argument, the court said that it did not now matter whether the PZC had the authority to grant Laker the approv- al of his agricultural plan. The litigation before the court was about the merits of the cease and desist order. Also, such litigation did "not per- mit a collateral attack on the validity of the underlying zoning decision" (i.e., the PZC's grant of approval for Lallier's gravel removal) mat was not challenged at the time it was made --even if the collateral attack was on jurisdictional grounds, The court acknowledged that "a collateral at- tack may be justified in `exceptional cases' in which "a previously un- challenged condition was so far outside what could have been regarded as a valid exercise of zoning power that there could not have been any justified reliance on it or "the continued maintenance of a previously unchallenged condition would violate some strong public policy." How- ever, the court found that the ZBA failed to show such an "exceptional case" existed here. Thus, noted the court, if the PZC's approval was in- deed imprope>; the remedy would have been a timely appeal of the ap- proval —and the time for any such appeal had long passed. See also: Upjohn Co. v. Zoning Bd. of Appeals of Town of North Haven, 224 Conn. 96, 616 A.2d 793 (1992). See also: City of Torrington v. Zoning Com'n of Town of Harwinton, 261 Conn. 759, 806 A.2d 1020 (2002), 10 0 2010 Thomson Reuters 2010 Thomson Reuters 3 February 25, 2010 1 Volume 4 1 No. 4 Zoning Bulletin Zoning Bulletin February 25, 2010 j Volume 4 1 No, 4 Case Note: The ZBA, in ordering the cease and desist order, had also maintained that tallier had exceeded the scope of the PZC's approval. The ZBA said that Lather's gravel removal operations were not just activities "incidental to an agricultural operation," but rather constituted a commercial earth removal operation. The trial court had found that substantial evidence did not show that 'Al- lier had exceeded the scope of the authority conferred on him by the original approval. The appellate court agreed. The scope of the PZC's approval was broad —fully disclosing Lailier's "intent to turn his property into grazing land by removing the precise amount of gravel that he now proposes to remove and to sell," "The court ac- knowledged that perhaps Lather's activities— having such a potential for adverse community consequences—should not have been given blanket approval" by the PZC. However, said the court, the "rem- edy for improper approvals" was a timely appeal. Lso, no such ap- peal was ever made. !onconforrning Jses—County planning commission sues to enjoin operation of a noncomplying mobile home park Park owner c s park is a commercial use grantathered tmcier state taw Citation: Smith County Regional Planning Com'n v. Hiwassee Village Mobile Home Park, LLC, 2010 WL 2522$5 (Tenn. 2010) TENNESEEE (01122110) —This case addressed the applicability of Tennessee's "Grandfather Clause," Tennessee Code Annotated S 13.7 208(b)(1), to: (1) county regulations; and (2) mobile home parks. The BackgroundJFacts: Hiwassee Village Mobile Horne Park, LLC "Hiwassee owned and operated a mobile home park (the "Park in the county. In 2002, the county's planning commission (the "Commis- sion") sued Hiwassee. The Commission alleged that Hiwassee was oper- ating the Park in violation of the county's Private Act. The Commission asked the court to enjoin the operation of Hiwassee's Park. The county's Private Act regulated mobile home parks in the county. Among other things, tat Private Act made it "unlawful for any person to place or maintain three (3) or more mobile homes for living or sleeping purposes on any premises or tract of land in [the county]." Hiwassee admitted that the Park was not in compliance with the Pri- vate Act. However, Hiwassee :maintained that, since a previous owner had established the Park before the Private Act took effect, the Park was grandfathered as a prior legal commercial use pursuant to Tennessee Code Annotated S 13- 7- 208(b)(1). Thus, Hiwassee argued, the Park was should have permitted the Church to use the site plan review process de- spite the fact that is was not located on a major or arterial street. The Circuit Court found in favor of the City. The Church appealed. The Court's Decision: "pd.. ent of Circuit Court affirmed as to validity of Ordinance, The Appellate Court of Illinois, Second District, held that S 5.14 -2(e) of the Ordinance did not violate church members' First Amendment rights. The court explained: The free exercise clause of the First Amendment to the United States Constitution, made applicable to state and local gov- ernnlents by the 14th Amendment, provides that no law may prohibit the free exercise of religion. An ordinance that places a burden on reli- gious exercise does not violate the First Amendment's free exercise clause if: (1) the ordinance is "neutral, generally applicable, and otherwise val- id" and the burden is an "incidental effect" of the ordinance; or (2) the ordinance is "hostile to the free exercise of religious beliefs," but is "jus- tified by a compelling governmental interest" and is "narrowly tailored to that interest." Here, the court found that the Ordinance as a whole [was] facially neu- tral." As it did with other nonreligious uses, it permitted churches as special uses in all zoning classifications. The mere inclusion of churches within a group of siniLar uses that must seek special use permits [was] not suffi- cient to show facial discrimination against religious uses." Furthermore, the court said that C 5.14 -2(e) had to be viewed within the context of C 5.14 as a whole. Likewise, the overall effect of 5 5.14 was to "grant churches a benefit, the opportunity to bypass the special use application process that other, non religious land uses must go through." This did "not demonstrate any hostility to religion." Accordingly, the court concluded that 5.14-2(e) did not discriminate on its face against churches. The court also found no evidence that the city applied the provisions l 5.14 in a manner that discriminated against the Church. Section 5.14 allowed churches to use the site plan review process only if they met all specified requirements, including that of C 5.14 -2(e). Section 5.14 did not grant the city the power to waive any of those requirements. "The de- termination that noncomplying churches should submit to the special use process rather than seek waivers on a case -by -case basis is not irrational." See also: Church of the Lukumi Babalu Aye, Inc. v. City of Hialeah, 508 U.S. 520,113 S. Ct. 2217, 124 L. Ed. 2d 472 (1993). See also: Civil Liberties for Urban Believers v. City of Chicago, 342 F3d 752 (7th Cir. 2003). Case Note: The Church also contended that S 5.14 -2(e) violated the Illinois Religious Freedom Restoration Act (the "IRA (775 LLCS 3511 et seq.). The court disagreed, finding that under the plain Ian- 4 02010 Thomson Reuters 2010 Thomson Reuters 9 February 25, 2010 l Volume 4l No. 4 Zoning Bulletin Validity of Zoning Regulation --City ordnance allows churches that meet certain requirements to avoid special use permit application process Church contends one such requirement violates the first amendment right to free exercise of religion Citation. Our Savior Evangelical Lutheran Church v. Saville, 2009 WL 5196591 (111. App. Ct. 2d Dist, 2009) ILLINOIS (12/31/09)—This case addressed whether a city ordinance, which placed requirements on churches in order for them to be eligible for exemption from needing a special use permit, violated the First Amendment. The Background/Facts: Our Savior Evangelical Lutheran Church (the "Church sought to construct: an addition to the Church's sanctuary; a covered drop -off entrance; a driveway; and a new parking lot. in fur terance of that plan, the church submitted to the city's planning com- mission two applications: (1) a site plan review application, pursuant to S.14- 2(h)(1) of the city's zoning ordinance (the "Ordinance and (2) a special use permit application. Under the Ordinance, churches were: permitted as a special use in all zoning districts; and listed as one of several enumerated special uses permitted in specified zoning districts. Under S.14- 2(h)(1) of the Ordi- nance, churches that met certain listed requirements related to setbacks, green space, lighting, and parking could avoid having to seek a special use permit. One of those listed requirements, specified under 5.14 2(e), provided that churches must "abut an arterial or major collector street Churches meeting those requirements could proceed under "the less onerous and less discretionary site plan review process." Thus, here, the Church sought to use the site plan review process, but filed the special use permit application in case it was not permitted to use the site plan review process. Eventually, the city's Zoning Board of Appeals and the city council (collectively, the "City denied the Church's applications. The Church filed suit, appealing that decision. In that action, among other things, the Church challenged the validity of 5.14.2(e). The Church contended that 5.14.2(e) violated "church members' fast amendment rights to the free exercise of religion, by discriminating on its face against churches and also as applied to the Church in this case." More specifically, the Church argued that S.14- 2(e)'s require- ment that churches abut major or arterial streets discriminated on its face against churches, "imposing a substantial burden on churches that is not imposed on any other, nonreligious use." Also, the Church ar- gued that 5.14 -2(e) was applied in a manner that discriminated against tie Church. Since the City did not believe that the Church's expansion plans would create any traffic problems, the,Cburch argued tat the City Zoning Bulletin February 25, 2010 l Volume 4 l No. 4 entitled to continuing protection as a prior conforming commercial use under 13.7.208(b)(1). Section 13- 7- 208(b)(1), known as the "Grandfather Clause," permit- ted the continued operation of "any industrial, commercial or business establishment in operation" prior to a zoning change. The trial court granted the injunctive relief sought by the Commis- sion. In doing so, it found, among other things, that the Park was not in operation prior to the Private Act's enactment. Hiwassee appealed. The court of appeals upheld the trial court's grant of injunctive re- lief. In doing so, it held that the Grandfather Clause did not apply to the Park because a mobile hone park was a "residential use" (and residen- tial uses were not grandfathered under ±e Grandfather Clause). Hiwassee again appealed. The Court's Decision: Grant of injunctive relief upheld. The Supreme Court of Tennessee also affirmed the trial court's grant of injunctive relief to the Commission. It so held because it found that the Park was not grandfathered because it was not yet in operation when the Private Act took effect. Importantly, although not an issue raised by the parties, the court also held that the Grandfather Clause, 13- 7- 208(b) (1), applied to county regulations. (Notably this holding abrogated (i.e., annulled; revoked) prior opinions of the court of appeals.) The court explained tae issue: Chapter 7 of Title 13 of the TCA is divided into four parts, including Part 1 ("County Zoning and Part 2 "Ivlunicipal Zoning Both Part 1 and Part 2 contain a section on the enforcement of zoning ordinances and remedies for violations of zoning ordinances. However, only Part l's enforcement and remedies provision includes a grandfather clause —the "Grandfather Clause" 5 13.7.208(b)(1)); Part l's corresponding provi- sion does not contain a grandfather clause. Here, the. Supreme Court of Tennessee clarified and held that the Grandfather Clause applies not only to Municipal Zoning but also to County Zoning. The court said this was based on the "unambiguous language" of the Grandfather Clause. The language of the Grandfather Clause specified that it applied to zoning changes in "land areas covered by zoning restrictions of a governmental agency of [the] state or its political subdivisions" —thus, "clearly and un- ambiguously includ[ing] counties." The court also held that the Grandfather Clause applied to mobile home parks. The court of appeals had held teat it did not because mo- bile home parks were "residential establishments" not protected by the clause. The Supreme Court of Tennessee disagreed. It found that Hiwas- see's Park was a commercial establishment given that: the Park's "occu- pants" were "more realistically classified as customers of a trailer court operation than occupants of `residences" and Hiwassee was clearly en- gaged "in a `business' in the operation of the [Park]." 8 0 2010 Thomson Reuters 2010 Thomson Reuters February 25, 2010 1 Volume 4 'No. 4 Zoning Bulletin Zoning Bulletin February 25, 2010 Volume 41 No, 4 See also: Chadwell a Knox County, 980 S.V/?d 378 (Tenn. Ct. App. 1998). See also: Clouse v. Cook, 1988 WL 34834 (Tenn. 1988). Case Note: In its decision, the court indicated that while Hiwas- see's Park was clearly "commercial," it is possible that other mobile home parks could be found to be residential (and thus not protected by the Grandfather Clause) given their construction and the "per- manency of subdivision -like developments" of mobile homes. Proceedings—Trial court revokes developer's permit Deve[ appeals but fails to seek a stay of pe 't 's pie limit 111 Citation: Kelly v. County of Chelan, 2010 Wr 27859 (Wash. 2010) WAS1 NGTON (01107110( —This case addressed the following issue: "After a trial court revokes a permit previously granted to developers by a hearing examiner, do the stay provisions of (the state's Land Use Peti- tion Act] LUPA require the developers to seek a stay to preserve their rights on appeal The Background/Facts: Anton Roeckl owned property (the "Prop- erty") in the county. Roeckl, doing business as WICO, sought to de- velop the Property. Beginning in 1989, an engineering firm, on behalf of WICO, applied for a conditional use permit "CUP to develop the Property. Plans were revised over several years, with the most recent plan filed in June 2005. In August 2005, a county hearing examiner issued a CUP for WICO's proposed development. In doing so, the hearing examiner found that the proposed development was not subject to new zoning regulations ad- opted in 2000 but rather was subject to the less stringent land use regu- lations in effect in 1994. When issuing the CUP, the hearing examiner required WICO "to obtain all necessary approvals." It was specified that "[f]ailure to obtain ALL necessary approvals to proceed within 2 years of the Decision date [would] result in nullification of [the CUP]." Neighbors of the Property opposed WICO's proposed development project. The Neighbors appealed the examiner's decision to the county's Superior Court under the state's LUPA (chapter 36.70 RCW). Disagreeing with the examiner, the Superior Court found that WICO's application "did not vest in 1994 but was subject to new zoning regula- tions adopted in 2000." In May 2006, the Superior Court reversed the examiner's decision and revoked the permit. A CO WI appealed. 5 0 2010 Thomson Reuters The appeal continued for a year until September 2007 —two years af- ter the examiner granted the CUP. At that time, the Neighbors moved to dismiss WICO's appeal as moot. Section 36.70C.100. of LUPA permitted WICO to seek a stay of either the Superior Court decision or the CUP's time limit. WICO had not done so. In moving to dismiss WICO's appeal as moot, the Neighbors argued that: (1) absent a stay, WICO had the right to proceed with its project; and (2) since WICO failed to fulfill the requirements of the CUP within the two -year time limit, the permit ex- pired under its terms. WICO argued that: (1) "before the superior court decision revoking their permit, they could not invest in the cost of meeting the conditions of the permit due to the risk of having the permit revoked and (2) "af- ter the superior court decision revoking their permit, they were not per- mitted to advance the project." The court of appeals agreed with the Neighbors and dismissed the appeal. WICO petitioned the Supreme Court of Washington for review. The Court's Decision: Dismissal of appeal reversed and case remanded. The Supreme Court of Washington held that "when a trial court de- nies a permit previously granted by a hearing examiner, that permit's time limit is terminated unless the permit is reinstated on appeal." Here, the court agreed with WICO's arguments. The effect of the Su- perior Court's decision in this case, found the court, was the termina- tion of WICO's CUP. Thus, WICO "had no right to proceed with their project because they were not permitted to do so." Additionally, said the court, WICO was "not required to stay the two -year time limit because the time limit, along with the permit itself, effectively stopped existing the moment the superior court denied the permit." Thus, "[n]o rights le- gally existed that c ould be affected by a stay." The only action WICO could take was to appeal to the court of appeals —which it did. See also: Pinecrest Homeowners Assn v. Glen A. Cloninger e;N Associ- ates,151 Wash. 2d 279, 871 1176 (2004). Case Notes: in its decision, the court explained that there "would be little sense in construing the superior court's denial of the permit to both (1) prohibit [WICO] from development while the case [was] on appeal and (2) allow their time for development to continue to run down while the case [was] on appeal." The court explained that the two -year time limit of WICO's CUP, granted on August 19, 2005, was terminated pending appellate re- view when denied by. the Superior Court on May 22, 2006. The court said that if WICO was successful on review, the effect would be to reinstate the hearing examiner's decision. 2010 Thomson Reuters 7 ST March 31, 2010 Royce Roberts RR KENA LLC 14411 Serrano Creek Lane Humble TX 77396 RE: Maintenance of a Sheet Pile Wall Kenai River, Mile 10 Right Bank IPB Parcel Number 04939007 Section 11, T. 5 N., R. 11 W,, S. M. River Center Tracking No. 8189 DEPARTMENT OF FISH AND GAME Division of Habitat DEPARTMENT OF NATURAL RESOURCES Division of Parks and Outdoor Recreation CERTIFIED 79 SEAN PARNELL, GOVERNOR 514 Funny River Road Soldotna, Alaska 99669 Phone: (907) 260 -4882 FAX: (907) 260 -5992 The Alaska Department of Fish and Game (ADF &G), Division of Habitat and the Alaska Department of Natural Resources, Division of Parks and Outdoor Recreation (DPOR) have reviewed a "Maintenance to Permitted Project" application that you sent to the Donald E. Gilman River Center on March 15, 2010. In this application, you propose to repair a northeast comer of sheet pile wall by welding an 8" x "x 14' angle steel piece on the comer. There are no plans for equipment in the water, no in -water work and the proposed welding would take place during low tide. This proposed scope of work requires a Fish Habitat Permit from ADF &G as well as a Parks Use permit from DPOR. The existing sheet pile wall at this referenced location was never permitted by ADF &G or DPOR and therefore this form is not appropriate for processing your request. In 1997, the Kenai River Comprehensive Management Plan (KRCMP) was adopted by the Department of Natural Resources, the Alaska Department of Fish and Game and the Department of Environmental Conservation (DEC) as their policy document for the management of the Kenai River Special Management Area (KRSMA). Prior to this adoption, extensive public meetings were held regarding the rapid development of land adjacent to the river, the loss of riparian areas, wetland impacts, and accelerated erosion due to land use and boat wakes. The KRCMP developed a series of policies relating to structures along the Kenai River that were based upon this planning effort. The KRCMP specifically states that "Maintenance of jetties and smooth vertical bulkheads wilt not be authorized, but replacement with alternatives that provide fish habitat and allow unrestricted fish passage may be authorized." (Appendix D -2) The prohibition against smooth walled bulkheads as well as river training devices has led to the development of many different soft techniques of "stabilization These have been developed and improved over the years and they have provided very effective property protection and habitat for the fish and wildlife resources of the KRSMA. They also fit within the policy guidelines of the plan. Both ADF &G and DPOR are willing to discuss your bank erosion and assist you in developing a restoration and protection project that is specific to your site. Since maintenance of the existing sheet pile will not be permitted, we strongly encourage you to consider alternatives that are consistent with the KRCMP. We are willing to assist in facilitating a meeting with all applicable agencies to continue the dialog on methods to protect your property. Sincerely, Lee McKinley Kenai Peninsula Area Manager ADP &G Habitat (907) 260 -4882 cc: KRC File 2 Sinclair ai Peninsula Parks Superintendent ADNR Division of Parks and Outdoor Recreation (907) 262 -5581 80 Building Violations 1 Debris Junk Violations 1 Junk Vehicle Debris Violations 2 Junk Vehicle Violations 3 Zoning Violations 4 TOTALS: 11 Civil Penalty Initiated 1 Violations Outstanding Prior to 2010 5 Closed Cases 6 Opened Cases 10 the oily of KENAI, ALASKA MEMO: "Villa e with a Past, Ci with a Future 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 -283 -75351 FAX: 907 283-3014 TO: Marilyn Kebschull, Planning Administration FROM: Nancy Carver, Planning Assistant J DATE: April 7, 2010 SUBJECT: Code Enforcement Action 2010 1st Quarterly Report Planning Zoning currently has eleven (11) active code cases: Code Enforcement Action during the months of January March 2010: Administration continues to work with individual property owners to eliminate violations without taking formal action. 81 d 1992 CITY OFKENAI BUILDING PERMITS A= 1st Quarter 2010 Permit Date Parcel Owner B4685 112812010 4336112 Denali Alaskan Federal Credit Union 64686 3/25/2010 4331001 State of Alaska Kenai Combined Facility B4687 2/16/2010 4105015 James Libert B4688 3/3/2010 4336046 Loroc LLC FAA leasee 427 N. Willow St. B4689 31512010 4336004 City of Kenai Parks Rec 64690 311812010 4909108 Fraternal Order of Eagles Thursday, April 01, 2010 Address Legal Description Comments Valuation R/C $37,500 C $414,000 C 7815 Kenai Spur Hwy. replace roof $2,000 R covering install decking $36,000 C 410 N. Willow St. L2, b2 FBO SD 140# portable $1,000 C storage shed 5765 Kenai Spur Hwy. Lot 3A, B1 Thompson Park Type 1 Kitchen $12,000 C SD Replat Lots 1-3 hood installation 10096 Kenai Spur Hwy. Tract 1A, Baron Park SD Walmart Tenant 2008 #872 145 Main Street Loop L1, B1 Fidalgo Commercial Replace HVAC Rd. Center SD system L7A, B1 FBO SD Fed Ex Enclose 30'x18' Addn. room Connect elevator