HomeMy WebLinkAbout1997-02-26 p&z packetCITY OF KENAI
PLANNING AND ZONING COMMISSION
**AG EN DA**
KENAI CITY COUNCIL CHAMBERS
February 26, 1997, 7:00 p.m.
http://www.Kenai.net/city
1. ROLL CALL:
2. ELECTIONS:
3. APPROVAL OF AGENDA:
4. APPROVAL OF MINUTES: February 12, 1997
5. PERSONS PRESENT SCHEDULED TO BE HEARD:
6. CONSIDERATION OF PLATS:
a. PZ97-5-Baron Park Subdivision, Fire Addition
7. PUBLIC HEARINGS:
a. PZ97-3-Encroachment Permit-Steve P. & Lucie B. Stanton-2545 Seine Court
(Lot 10, Block 1, VIP Country Estates, Part 3), Kenai, Alaska
8. NEW BUSINESS:
a. PZ97-4-Home Occupation Permit-Terria Gill-2780 VIP Drive (Lot 10, Block 4,
VIP Ranch Estates), Kenai, Alaska
b. Kennels in Suburban Residential Subdivisions-Discussion
~. Proposed Amendments to KPB Chapter 5.14 and Chapter 21.18-Discussion
9. OLD BUSINESS:
a. Review of Title 14-Cabin Definitions
10. CODE ENFORCEMENT ITEMS:
11. REPORTS:
a. City Council
b. Borough Planning
c. Administration
12. PERSONS PRESENT NOT SCHEDULED:
13. INFORMATION ITEMS:
a. Kenai River Special Management Advisory Board Minutes of 1/16/97
b. Airport Master Plan Public Information Meeting 3/13/97 at 7 p.m.
~ 14. COMMISSION COMMENTS & QUESTIONS:
15. ADJOURNMENT:
CITY OF KENAI
~ PLANNING AND ZONING COMMISSION
**AGENDA**
KENAI CITY COUNCIL CHAMBERS
February 12, 1997, 7:00 p.m.
http://www.Kenai.net/city
1. ROLL CALL:
2. ELECTIONS:
3. APPROVAL OF AGENDA:
4. APPROVAL OF MINUTES: January 22, 1997
5. PERSONS PRESENT SCHEDULED TO BE HEARD:
6. CONSIDERATION OF PLATS:
7. PUBLIC HEARINGS:
8. NEW BUSINESS:
9. OLD BUSINESS:
10. CODE ENFORCEMENT ITEMS:
11. REPORTS:
a. City Council
b. Borough Planning
~. Administration
12. PERSONS PRESENT NOT SCHEDULED:
13. INFORMATION ITEMS:
a. Borough Planning Commission Information
b. Comprehensive Plan Funding Request Letter
c. Letters received regarding kennel permits.
d. Margery A. Price seminar information
13. COMMISSION COMMENTS & QUESTIONS:
14. ADJOURNMENT:
CITY OF KENAI
~ PLANNING AND ZONING COMMISSION
February 12, 1997
***Minutes***
1. ROLL CALL:
Members present: Carl Glick, Michael Christian, Phil Bryson, Teresa Werner-Quade
Members absent: Karen Mahurin, Ron Goecke, Barb Nord
Others present: City Engineer Jack La Shot, Administrative Assistant Marilyn
Kebschull
2. ELECTIONS:
BRYSON MOVED TO POSTPONE ELECTIONS TO NEXT MEETING. CHRISTIAN
SECONDED THE MOTION. MOTION PASSED BY UNANIMOUS CONSENT.
3. APPROVAL OF AGENDA:
CHRISTIAN MOVED TO APPROVE AGENDA. BRYSON SECONDED THE MOTION.
AGENDA APPROVED BY UNANIMOUS CONSENT.
4. APPROVAL OF MINUTES: January 22, 1997
CHRISTIAN MOVED TO APPROVE MINUTES OF JANUARY 22, 1997. BRYSON
SECONDED THE MOTION.
Glick asked for any changes or corrections. None noted.
MOTION APPROVED BY UNANIMOUS CONSENT.
5. PERSONS PRESENT SCHEDULED TO BE HEARD:
6. CONSIDERATION OF PLATS:
7. PUBLIC HEARINGS:
8. NEW BUSINESS:
Planning & Zoning Commission
Minutes
~ 9. OLD BUSINESS:
10. CODE ENFORCEMENT ITEMS:
11. REPORTS:
a. City Council
b. Borough Planning
Page 2
February 12, 1997
Bryson reported there was a meeting last Monday. Bryson noted there were 60 public
hearing items. Bryson noted that luckily no one appeared for any of the road name
changes commenting that hearings can go on for a lengthy period of time if people don't
agree with suggested changes. Bryson noted the bulk were approved as suggested,
several were modified and several postponed.
Bryson noted there were two items on the agenda that affect the city. Bryson stated one is
a proposed amendment to Chapter 21.18, The Kenai River Habitat Protection Ordinance.
The other is proposed amendments to Chapter 5.14, Kenai River Habitat Protection Tax
Credit. Bryson noted the tax credit ordinance addresses interpretation of what constitutes a
facility they would approve. Bryson stated the Kenai River Habitat Protection area attempts
to clean up definitions also.
c. Administration
La Shot stated that Councilman Smalley asked him to bring the Commission up to date on
the ARFF (Alaska Regional Fire Fighting) facility. La Shot noted there was a large
presentation at the last council meeting about the facility. La Shot stated they are reaching
a point wherein the city must make a decision regarding the size and how much the city is
willing to commit from the airport fund given the amount of federal funds available. At the
next council meeting an ordinance will be introduced to appropriate funds to complete the
design work. La Shot stated that hopefully, two meetings away will be an award to
complete the design work. La Shot stated that will complete design work in early summer
and will hopefully put it out to bid then.
La Shot commented that the article in the paper today was accurate as to how the funding
is done noting there are no local tax dollars used unless you consider the federal tax
dollars. La Shot added that there will be no local tax dollars used to operate or maintain the
facility. La Shot stated the plan is for the facility to be self-sustaining but if not, the airport
fund would be used to supplement the facility.
Glick asked about the size of the airport fund. La Shot stated there are two different funds,
one with all land sales and lease moneys. La Shot stated the principle of that fund has
reached $10 million noting only the earnings of that fund is put into the other fund which is
Planning & Zoning Commission Page 3
Minutes February 12, 1997
~~ the fund that can be used. The interest is about $8 million. La Shot noted there are not
many ways the community can use the money and this project appears to be one that will
qualify.
12. PERSONS PRESENT NOT SCHEDULED:
13. INFORMATION ITEMS:
a. Borough Planning Commission Information
b. Comprehensive Plan Funding Request Letter
c. Letters received regarding kennel permits.
d. Margery A. Price seminar information
14. COMMISSION COMMENTS & QUESTIONS:
Glick asked about the Price seminar information provided in the packet. Kebschull advised
it was provided from the City Clerk adding that they may be interested in the seminar on
effective meeting techniques. Glick asked how soon the city would need to know if
someone was interested in attending. Kebschull advised she did not feel there were funds
available to pay for the seminar unless the City Clerk had legislative funds available.
Christian commented on the letters in the packet regarding kennel permits noting he has
received numerous calls on the kennel issue. Christian added he has spoken to Bill Godek
stating that Godek thinks it would make his job easier if the Planning Commission would
make a stand in terms of the code or a law that addressed the issuance of kennel licenses
in subdivisions such as Redoubt. Christian stated he would like to poll the group to see if
this would be a worthwhile venture on his part. Christian stated that in his subdivision they
have three people that have enough dogs to apply for a kennel noting they are located in
some of the more crowded lot areas of the subdivision, 9000 square feet. Christian noted it
is becoming a problem. Christian stated that some people are afraid of their neighbors and
hesitant to file complaints. Christian stated that if there was something in the code to
prohibit kennels in certain areas, people wouldn't have to be faced with that and prevent
some problems in neighborhoods. Christian reiterated he would like to throw this out and
questioned if it would be worthwhile to formally introduce something.
Glick asked how Christian would propose limiting areas. Christian stated probably from two
angles, one from suburban residential which he felt may not get support. Christian stated
another avenue may be in suburban residential subdivisions that have limited lot sizes.
Christian stated they could identify lot sizes by 12,000 square feet or less. Christian stated
they could say that ownership of more than three dogs would require a kennel permit and
would not be allowed on these tracts of land. Christian stated he would like to see how the
Commission felt about this before he got more specific.
Planning & Zoning Commission
Minutes
Page 4
February 12, 1997
~~ Werner-Quade stated she agrees that this issue should come back when there is a full
Commission present. Werner-Quade commented that working in the Kasilof wherein they
are allowed to have as many pets as they want. Werner-Quade stated she has heard many
complaints from people stating they wish they had known they were going to be living next
to a dog lot. Werner-Quade noted it is offensive to some people. Werner-Quade stated
she felt it important to review the issue.
15. ADJOURNMENT:
Meeting adjourned at approximately 7:17 p.m.
Respectfully Submitted:
Maril Kebschull
Administrative Assistant
STAFF REPORT
To: Planning & Zoning Commission
Date: February 20, 1997
Prepared By: JL/mk
Res: PZ97-5
GENERAL INFORMATION
Applicant: City of Kenai
210 Fidalgo, Suite 200
Kenai, AK 9961 1
Requested Action:
Legal Description:
Existing Zoning:
Current Land Use:
ANALYSIS
Preliminary Plat
Baron Park Subdivision, Fire Addition
IL-Light Industrial
Light Industrial
City Engineer:
Originally, Tract A-1 was purchased from the Airport Fund by the City General Fund
and leased to the University of Alaska. The new Alaska Regional Fire Fighting
Training Facility will occupy Tract A-1-B. This ten acres will be purchased back by
the Airport Fund.
Building Official:
No building code issues.
RECOMMENDATIONS
Approval.
ATTACHMENTS:
1. Resolution No. PZ97-5
2. Preliminary Plat
t
CITY OF KENAC
PLANNING AND ZONING COMMISSION
RESULUTlOIV N4. PZ 97-5
.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 BARON PARK SUBDIVISION, FIRE ADDITION was
referred to the City of Kenai Planning and Zoning Commission on February 14, 1997
and received from Swan Surveying ,and
WHEREAS, the City of Kenai Planning and Zoning Commission finds:
1) Plat area is zoned IL-Light Industrial and therefore subject to said zone
conditions.
2) Water and sewer: Planned to be 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, are shown.
7) Street names designated on the plat are correct.
8) CONTINGENCIES:
NOW, THEREFORE, BE IT RESOLVED, BY THE PLANNING AND ZONING
COMMISSION OF THE CITY OF KENAI THAT THE KENAI PENINSULA BOROUGH
PLANNING COMMISSION APPROVE BARON PARK SUBDIVISION, FIRE ADDITION
SUBJECT TO ANY NEGATIVE FINDINGS AS STATED ABOVE.
PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI,
ALASKA, FEBRUARY 26 , 1997.
~ ~ ~ ~ ~' ~ ~
CHAIRPERSON ATTEST: Planning Secretary
i
WAS i '- rYH ~ r ~ ~,J~ VJt'.- ~.vlvul Ilvlv.~ ivin ~ .... ~ ~,~ ..,,, ,..--- ~ --- -
TRtA;~/,~`; ; ANS ~iS?OSAL. A`:`= WATER CARRIED WAS TEVJATER TREATMENT OR . DISPOSAL SYSTEM -MUST `a ' '
BE JESIG:~ED BY r~ R=GISTERE~ ENGWEER AND APPROVED BY THE DEPARTMENT_ PRIO? TO CONSTRUCTION. -
A! ! VJAS' DISpCSA' SYSTEM'S - fUST MEET THE REGULATORY REQUIREMENTS ~F -.THE ALASKA DEPARTMENT _
:NVI?ONMENTA_ CONSERVA~ON. _ ._
MICHAEL A. SWAN
REGISTRATION N0.
LS-6940
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.F'Il~~'! i~~.D.T~ITI~1~
~~ Owner City, of Kenai
~, , _2__10, ;Fica(go S~, Ste_' 200
.Kenai, Ak. 99611
I, A resubdivision of Tract A-1 and Tract A-2 of. Baron
1! Park Subdivision No. 7 Kenai Recording District Plat
~ 91-19 Situated in the West 1 /2 ,Section 33, T6N,
R11W, S.M., Ak. in the City of Kenai and ail within
~I the Kenai Peninsula Borough. Containing 40.558 Acre:
~~
~I
S~~JAN
SUR~~EYING
. P.O. Box 987
i SOL DOTNA, AK. 99669
PHONE 907-262-1014
~' DATE SURVEI'ED SCALE 1 = 100 i DRAFTED M,
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CITY OF KENAI ~a-
~ 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794
TELEPHONE 907-283-7535
_ FAX 907-283-3014 ~
uF~n.cnr
'~II~-
1992
February 5, 1997
CITY OF KENAI
PLANNING AND ZONING COMMISSION
PUBLIC HEARING NOTICE
The following public hearing has been Scheduled for the Planning and Zoning
Commission Meeting of February 26, 1997:
An application for an Encroachment Permit for Steve P. and Lucie B.
Stanton for the property located at 2545 Seine Court (Lot 10, Block 1,
VIP Country Estates, Part 3), Kenai, AK 9961 1.
The Meeting will commence at 7:00 p.m. in the Kenai City Hall Council Chambers.
Anyone wishing to present testimony concerning this permit should do so at the
hearing or submit written comments to the City of Kenai, Planning Department,
210 Fidalgo, Suite 200 Kenai Alaska 9961 1-7794 prior to February 26th. For more
information please contact Jack La Shot or Marilyn Kebschull at 283-7933.
YOU ARE BEING SENT THIS NOTICE BECAUSE YOU OWN/LEASE PROPERTY
WITHIN 300 FEET OF THE PROJECT SITE OR ARE AN INTERESTED PARTY
STAFF REPORT
To: Planning & Zoning Commission
Date: February 5, 1997
Prepared By: JL/mk
Res: PZ97-3
GENERAL INFORMATION
Applicant:
Requested Action:
Legal Description:
Existing Zoning:
Current Land Use:
ANALYSIS
Steve P. & Lucie B. Stanton
2545 Seine Court
Kenai, AK 9961 1
Encroachment Permit
Lot 10, Block 1, VIP Country Estates, Part 3
RR-Rural Residential
Low Density Residential
City Engineer:
This encroachment appears to meet the review criteria of KMC 14.20.185 1d).
Lots 5 & 6 are the most affected by this action. Accessory buildings are allowed to
occupy a rear yard (shed).
Building Official:
Applicant's addition was unintentionally built into the rear setback by 3.6 feet. The
building code allows residential construction to 3 feet of property lines without any
special construction. Granting an encroachment for this will not compromise the
building code.
RECOMMENDATIONS
Recommend approval if no objections are received from the owners of Lots 5 & 6.
ATTACHMENTS:
1. Resolution No. PZ97-3
2. Application
3. Drawings
'CITY OF KENAI.
PLANNING AND ZONING COMMISSION
ENCROACHMENT PERMIT
RESOLUTION NO. PZ 97-3
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF
KENAI GRANTING A REQUEST FOR AN ENCROACHMENT PERMIT AS AUTHORIZED
BY 14.20.185 OF THE KENAI MUNICIPAL CODE FOR:
NAME: Steve P. & Lucie B. Stanton
LOCATED: 2545 Seine Court, Kenai, AK 9961 1
LEGAL: Lot 10, Block 1, VIP Country Estates, Part 3
BY: Steve P. & Lucie B. Stanton
WHEREAS, the Commission finds:
1. That an application meeting the requirements of Section 14.20.185 (c) has
been submitted and received on February 4, 1997
2. This land is on land zoned RR-Rural Residential
3. That the applicant has demonstrated with plans and other documents that he
can and does meet the following specific requirements as set forth in Sec.
14.20.185 (d):
(1) An encroachment as defined in KMC 14.20.185 (a) exists.
(2) The encroachment does not encroach upon a Federal, State or City right-
of-way or utility easement.
(3) The issuance of the encroachment permit will not authorize a use which
is not a principal permitted use in the zoning district in which the
property is located.
(4) The encroachment is not located across a platted lot line.
4. That a duly advertised public hearing as required by Section 14.20.280 was
conducted by the Commission on February 26 1997.
NOW, THEREFORE, BE IT RESOLVED, by the Planning and Zoning Commission of
the City of Kenai that the applicant has demonstrated that the proposed
development meets the criteria for said permit and therefore the Commission does
authorize the permit to be issued.
j PASSED by the Planning and Zoning Commission of the City of Kenai, Alaska this
26th day of February 1997.
~ '
~~~'
t ~ tom. C -~ +: ~_ 1~ ~ ~>
ATTE T: Planning Secretary CHAIRMAN
1791-1991
CITY OF KENAI
"C~~ G'v~a~vl o~ ~4~a~ "
__ 210 FIDALGO KENAI, ALAS
TELEPHONE 283.7 1 ~6s~ea
FAX 907.283-3
~`~
gam,
APPLICATION FOR ENCROACHMENT
NAME.. C J~ _ -,1- ~ C C~ S-~~~-{~~.
STREET° ADDRESS ~,~ ~-~ ~ p ,, ~ n . (~
MAILING ADDRESS ,S
LEGAL DESCRIPTION ~ (J ~ ~~~ _ ,~ U , ~. ~ r--'
ZONING DISTRhCT C CC CG ~~ RR-1 RR-2 RS RS-1 RS-2
<(Circle_ 1) RU R IL
PHONE ~' 83 - 3~~ /`,
g un an cons ructed or located in a manner other
than set forth in the Development Requirements Table.
2. ~ Provide a site plan of the property including location of
all existing buildings, rights-of-way or easements,
setbacks, elevations, and any data pertinent to the
application.
3. A Public Notification and Hearing is required before the
issuance of this permit. A $105.00 non-refundable
deposit/advertising fee is required to cover these
notification costs. (Please see attached procedure sheet)
A D D I T I O N A L C O M M E N T S
Section 14.20.185 of the Kenai Municipal Code outlines regulations
for Encroachment Permits which is the relaxation of the Development
Requirements Table to remedy encroachments which do not fall under
Section 14.20.050, nonconforming uses and which satisfy the
requirements of financial institutions subject to the following
conditions: PLEASE READ THE FOLLOWING, COMPLETE THE BLANKS AND
INITIAL THE SPACE AFTER THE ITEM NIIMBER TO INDICATE THAT YOII HAVE
READ UNDERSTAND THESE CONDITIONB.
1. An encroachment means any object or structure above or
below ro d d t
W
~~v-f
Signature of Applicant: ~ ~- ~ -{_I~, ~~
} KENAI MUNICIPAL CODE
14.20.185 Encroachment Permit: (a) Definitions. "Encroachment' means any object
or structure above or below ground and constructed or located in a manner other than
set forth in the Development Requirements Table.
(b) Intent. An encroachment permit is the relaxation of the development
requirements of this chapter to remedy encroachments which do not fall under Section
14.20.050, nonconforming uses and which satisfy the requirements of financial .
institutions.
(c) Permit application. An application for an encroachment permit shall be filed
in writing with the City Planning Department and signed by the owner of the property
concerned or representative of the owner. A fee of $105 shall be paid to the City of
Kenai at the time the permit application is filed.
(1) The application shall contain the following:
[A] A legal description of the property involved.
[B] Plans showing the location of all existing buildings, rights-of-ways or
easements, setbacks, elevations, and data pertinent to the application.
(d) Review Criteria. The Planning Department shall submit the application to
the Planning Commission for review and public hearing. The Planning Commission
shall establish a finding that all of the conditions set forth in Subsections (1) through
(4) of this section have been found to exist before issuing an encroachment permit.
(1) An encroachment as defined in KMC 14.20.185 (a) exists.
(2) The encroachment does not encroach upon a Federal, State or City
right-of-way or utility easement.
(3) The issuance of the encroachment permit will not authorize a use
which is not a principal permitted use in the zoning district in which the
property is located.
(4) The encroachment is not located across a platted lot line.
(e} Public Hearing. The public hearing and notification procedure for an
encroachment permit application shall be accomplished in accordance with the
requirements of this chapter.
(f) Unauthorized Encroachments. Unauthorized encroachments shall be
immediately removed by the owner upon being given notice by the City. Notice shall
consist of a written letter, sent by certified mail, return receipt requested, or by
personal service, explaining the violation and allowing twenty days to remove the
encroachment.
(g) Expirations of Permit. Permits shall expire automatically upon termination
or interruption of the use; damage to the building, structure, or object which makes it
uneconomic to repair the building, structure or object; or, the expiration of the useful
life of the building, structure, or object, whichever come first.
(h) Right to Appeal. Any revocation, suspension, or denial of an encroachment
permit by the Planning Commission may be appealed to the City Council by filing a
written notice of appeal with the clerk and stating the grounds for such appeal. The
appeal notice shall be filed within thirty days after the effective date of the revocation,
suspension, or denial of the request for the encroachment permit. All notices of
appeal must comply with Section 14.20.290. (ord. 1188)
~_ 01/24/97
AI A
JOB #: 97003
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AS-BUILT
CERTIFICATION
As-Built Certificate
I hereby certify thot the improvements hereon exist
as shown on the following described property.
Lot 10 Block 1
Scale: 1° = 40' F.B. #: 91-1 VIP Country Estates Subd Part 3
KENAI RECORDING DISTRICT
and that no encroachments exist except as indicated.
Plat: 79-1 Date: 1 /13/91
Exclusion Note:
'-awn: CB W.O. # 91007 Disk: D14\VIP Country
~~,,~~~II,~~ ~~~~.~~~ It is the responsibility of the Owner to determine the
existence of any easements, covenants, or restrictions
605 Swires Drive which do not appear on the recorded subdivision plat.
Kenai, Alaska 99611-8363 Under no circumstances should any data hereon be
used for construction or for establishing boundary or
SURVEYORS PHONE - (907) 283-9047 PLANNERS fence lines.
FAX --- (907) 283-9071
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STAFF REPORT
To: Planning & Zoning Commission
Date: 2/ 12/97
Prepared By: JL/mk
Res: PZ97-4
GENERAL INFORMATION
Applicant: Terria Gill
2780 VIP Drive
Kenai, AK 9961 1
Requested Action: Home Occupation Permit
Legal Description: Lot 10, Block 4, VIP Ranch Estates
Existing Zoning: RR-Rural Residential
Current Land Use: Low Density Residential
ANALYSIS
City Engineer:
The applicant wishes to sell health care products from her home using a computer
and telephone. This would appear to meet the criteria of 14.20.230. The actual
square footage to be used is probably greater than indicated (3 square feet).
Buildina Official:
No building code issues.
RECOMMENDATIONS
Recommend approval.
ATTACHMENTS:
1. Resolution No. PZ97-4
2. Application
3. Drawings
CITY OF KENAI
PLANNING & ZONING COMMISSION
..RESOLUTION NO. PZ 97-4
HOME OCCUPATION PERMIT
A RESOLUTION OF THE PLANNING & ZONING COMMISSION OF THE CITY OF
KENAI GRANTING A REQUEST FOR A HOME OCCUPATION PERMIT AS
AUTHORIZED BY 14.20.230 OF THE KENAI ZONING CODE, FOR
ESSENTIALLY YOURS INDUSTRIES HOME MARKETING to be located at 2780 VIP
DRIVE (LOT 10, BLOCK 4 VIP RANCH ESTATES and to be operated by TERRIA
GILL
WHEREAS, the Commission finds:
1. That an application meeting the requirements of Sec.14.20.230, has been submitted
and received on February 10, 1997.
2. That the application has been reviewed by the Commission at their meeting of
February 26, 1997 and found that all application requirements have been satisfied.
3. That the applicant has demonstrated with plans and other documents that he can
and will meet the requirements and conditions as specified.
4. That the following additional requirements have been established by the
Commission as a condition of permit issuance:
NOW, THEREFORE, BE IT RESOLVED, by the Planning & Zoning Commission of the
City of Kenai that the applicant has demonstrated that the proposed development
meets the conditions required for said proposal and therefore the Commission
authorizes the permit.
PASSED by the Planning & Zoning Commission of the City of Kenai, Alaska, this 26th
day of February 1997.
{ "~ , ~
A ST: Planning Secretary
~~ ~
Chairman
~~,
~~ 1
1791-1991
~14111213r4,rITY OF KENAI
~~
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~ ~ 210" ALGO KENAI, ALASKA 99611
M O TELEPHONE 283 - 7535
N /~ FAX 907-283-3014
_ !1i
Date: f ~ ~,. /~~ 1~T97
HOME OCCUPATION PERMIT
NAME • T,= ~ :F ; ,~ f ~ ., ~ PHONE : ~~ C~ ~) oC .~! ~ ` ~ ~" ~~ ~'
ADDRESS : ~ 7 ~~ ~ ~ ~ (~ ~ ~'' ~ ~_ ,ti' {t i f-~ K ~ r1 ~n ~ ~
LEGAL DESCRIPTION OF PROPERTY: ~T ~C 5 L CSC' ~ ~~
DESCRIPTION OF OCCUPATION: %~ ~ e ~~y i-r`f•cti~ n~ u t ~~,~ e ~e n 1~~~.~ • ~ ~;k-~ vv~an ~:emen~
v, r~_ ,C Y:'"\ O ,-.,.. ,? 1~ 5 e'> 1 ~ ~ \- r r. f: i ~ 1 ~ n \, •a lt)f) \ A C ~. T .'. f~ is '_'. \ ~f 1 i- (, = J . r~ r ~ ~~ ~_ \ r, \v \r.0. \ ~ m 0.C M1 E l~ i
~J \ec th
Section 14.20.230 of the City of Kenai Municipal Code outlines
regulations which allow Home Occupations in residential zones,
subject to the following conditions: PLEASE READ THE FOLLOWING,
COMPLETE THE BLANKS AND INITIAL THE SPACE AFTER THE ITEM NUMBER TO
INDICATE THAT YOU HAVE READ AND UNDERSTAND THESE CONDITIONS.
1. ~%~ Not more than one person outside the family shall be
employed in the home occupation.
2. ~ !' No more than 30~ of the gross floor area of all buildings
on the lot shall be used for the home occupation. Please
submit site plan with square footage and area clearly
marked where business will take place.
3. ~ The home occupation shall be carried on wholly within the
principal building, or the buildings which are accessory
thereto. Any building used for a home occupation shall
be wholly enclosed. Will this development require a
building permit? YES NO'~~(circle one)
Applicant's Signature:
~~ ~ ~ ~~
Approved: ~ -r~ {~
ERSO
ATTEST:
Date : ~ "' ty ~ "
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MEMO ~ ~` ~1-
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TO: Planning and Zoning Commission ~
~.
FROM: Michael Christian, P&Z Commissioner ~~a_ _,~~
RE: Kennels in Suburban Residential Subdivisions
Our Feb. 12 packet included letters from concerned residents on the issue
of kennels in small lot subdivisions. I had written a letter to Mr. Godek
myself, although it was not included in the packet. After discussing the
issuance of kennel licenses with Mr. Godek, we thought it a good subject
for P&Z discussion. Some concerns raised centered on the advisability of
numerous animals on small lots, on the ease of obtaining kennel permits,
on the issuance of permits without notification or public hearings, and on
the issuance of permits in the hands of one public official.
My purpose in issuing this memo is to stimulate thought on the subject
before our Feb. 26 meeting so that our discussion can be more efficient. If
we choose to look at this issue, please bring your views as to our next step.
Possible questions:
Should we address kennels in suburban residential zones?
"animal boarding" is a cond. use under RR, RR2, & CG only
If we address kennels in RS zones should we:
a. specify by zone (RS, RS 1, RS2)
b. specify by subdivision
c. specify by lot size
If we zone kennels should it be
a. conditional use if animals are pets
b. home occupation if breeding for sale
c. not permitted beyond 3 dogs or cats
Christian Memo p.2
ff conditional use and/or home occupation is permitted do we
a. require notification of neighbors
b. require public hearing
c. issue a conditional use permit
If we do not permit kennels, should we
a. include all RS
b. include only specific small lot subdivisions such as:
Redoubt Terrace, Inlet Woods, Woodland, Central Heights,
Inlet View, Mumson, etc.
Should we address livestock (non-traditional pets) such as
pigs, goats, ferrets, pot-bellied pigs, ?
Any other idea that needs attention?
Hope we can discuss this topic this week without taking too much time. An
idea we discussed last year while working on my "Prime Zone" was a
notation of N for Not Permitted in the grid of land uses. This could be an
excellent use of that idea.
Michael Christian
Feb. 19, 1997
~ Mr. William Godek, Kenai Animal Control Officer
210 Fidalgo Street
Kenai, AK 99611
January 29, 1997
Dear Mr. Godek
It has come to my attention that some residents of Woodland Subdivision have
applied for kennel permits so that they might exceed the city's three dog limit.
Whether or not these dogs are kept for commercial purposes, as a resident of
Woodland, I would like to profess an objection. Woodland is a highly developed
residential subdivision whose lots are of medium to small size, especially in
parts III and N. With houses and yards so tightly packed, numerous pets,
especially dogs, create problems that could become an annoyance at best and a
serious conflict at worst. Owning three animals stretches a neighbor's patience
but owning more is asking too much.
Woodland was developed as a model subdivision at a time when Kenai was
growing rapidly and a covenent was filed that addressed animal and pet
ownership. The intent was to protect property values and quality of life as well
as prevent future conflicts with neighbors. In forbidding commercial kennels
and the ownership of numerous large dogs, the covenent hoped to preserve a
model suburban setting. Ownership of animals more conducive to rural settings
does not belong in a suburban subdivision. The City of Kenai has rural
residential zones for that purpose.
With this in mind, I strongly protest the issuance of any kennel permits for
Woodland Subdivision. The City of Kenai should not encourage the erosion of the
quality of subdivisions by pushing the envelope of registered covenents even
though they are not responsible for enforcing them. By giving public sanction to
multiple animal ownership, the city would be encouraging more violations of city
codes as well as subdivision covenents. The city loses tax revenues if property
values decline and this has happened in our subdivision due to improper animal
care on the part of residents. Please consider refusing these kennel applications.
~ ~
Michael R. Christian
613 Maple Drive
~ Kenai, AK 99611
Title 3
ANIMAL CONTROL
ha tern:
3.05 General Provisions
3.10 Standards for the KeeQin~ of Animals
3.15 Licensed Facilities
3.20 Licenses
3.25 Impoundment
Rabies Control
Chapter 3.05
GENERAL PROVISIONS
Sections:
3.05.010 Definitions.
3.05.020 Animal Control Office.
3.05.030 Animal Control Officers.
3.05.040 Powers and Duties of Animal Control Officers.
3.05.050 Records.
3.05.060 Penalties and Remedies.
3.05.070 Citation Procedure.
3.05.080 Regulations.
3.05.090 Inspections.
3.05.100 Fees.
3.05.010 Definitions: As used in Title 3:
(1) "Animal" means all domestic or domesticated members of the Kingdom
Animalia.
(2) "At large" means not under restraint.
(3) "Cat" means a domestic or domesticated member of the family Felidae.
(4) "Current rabies vaccination" means a vaccination:
(i) as specified in the "compendium of animal rabies vaccines" prepared by
the Rabies Subcommittee of the National Academy of Sciences and by the
National Association of State Public Health Veterinarians, Inc. (1978);
(ii) administered in accordance with state law; and
(iii) evidenced by a rabies vaccination certificate in a form approved by the
State Division of Public Health.
544-05/08/87 3.1 CITY OF KENAI
(5) "Dangerous Animal" means any animal which due to improper or inadequate
supervision or control has done an act harmful in its character to human beings or animals,
regardless of whether the act is done in a playful or hostile manner.
(6) "Dog" means a domestic or domesticated member of the family Canidae.
(7) "Kennel" means a premises where a person keeps four or more dogs over the
age of four months.
(8) "Impoundment" means:
(a) The seizure of animals by the methods set forth in KMC 3.25.010(d).
(b) Seizure of a vicious animal.
(9) "Officer means a person charged by law with the duty to enforce provisions of
this title.
(10) "To own" an animal includes having title, keeping, harboring, and having
custody or control of an animal.
(11) "Person" includes individual, joint venture, partnership, corporation, or
unincorporated association.
(12) "Restrain" means:
(i) physical confinement, as by leash, chain, fence, or building; or
(ii) under competent voice control when an animal is engaged in an activity
or form of training requiring that it not be physically confined; or
(iii) under competent voice control when an animal is on the property of its
owner.
(13) "Sterile" means rendered incapable of reproduction by surgical operation.
(14) "Vicious Animal" means an animal that has done an unreasonable act harmful
to human beings or animals which act is done in a hostile manner. Any animal which has
been twice adjudged a dangerous animal by a court of competent jurisdiction, whether by a
plea of no contest or guilty or by trial, shall be considered vicious for purposes of penalties
imposed by KMC 3.05.060(d). (Ord. 935, 1185, 1522-92)
3.05.020 Animal Control Office: (a) There shall be an Animal Control Office which,
except as this title provides otherwise, shall be the entity responsible for the administration
of this title.
(b) There shall be in the Animal Control Office an Animal Control Shelter for the
keeping of animals which the Animal Control Office impounds or otherwise assumes custody
of under this title.
3.05.030 Animal Control Officers: (a) There shall be a Chief Animal Control
Officer who shall be appointed by the Public Works Director.
(b) The Public Works Director may appoint one or more deputy animal control
officers.
3.05.040 Powers and Duties of Animal Control Officers:
(a) The Chief Animal Control Officer shall administer the Animal Control Office.
(b) The Chief Animal Control Officer and any deputy animal control officer have the
561-01/05/93 3_2 CITY OF KENAI
power and duty to:
~ (1) Enforce the provisions of this title in the field and in the case of deputy
officers, under the supervision of the Chief Animal Control Officer;
(2) File complaints and serve summonses and complaints for violations of this
title.
3.05.050 Records: (a) The Chief Animal Control Officer shall maintain complete
and detailed records of:
(1) The issuance and revocation of licenses under this title;
(2) All animals brought into the custody of the Animal Control Office by
impoundment or otherwise;
(3) The disposition of all animals in the custody of the Animal Control Office;
(4) Reports required by KMC 3.30.010 and the Animal Control Office's
investigations thereof;
(5) Investigations of violations of this title; and,
(6) Monies received for fees and charges imposed by this title.
(b) The Animal Control Office shall not disclose the identity of a person who adopts
an animal from the Animal Control Shelter unless the Chief Animal Control Officer
determines that the public health, safety, or welfare requires the disclosure.
3.05.060 Penalties and Remedies: (a) Except as this section provides otherwise,
a person who violates a provision of this title, term, condition, or provision of a license issued
hereunder, or a City regulation promulgated under this title shall, upon conviction, be subject
to a fine as provided for violations in KMC 13.05.010.
(b) In addition to, or as an alternative to the penalty aforementioned, any person
violating any provisions of this title shall be subject to a civil penalty as provided in KMC
13.05.010. Each and every day that such violation continues shall be deemed a separate and
distinct violation. In addition, a civil injunction or temporary restraining order may be
obtained in order to obtain immediate compliance with the provisions of this chapter.
(c) The City shall seek an award of reasonable attorney's fees and costs from the
court in prosecuting such an action.
(d) Any animal adjudged a vicious animal by a court of competent jurisdiction,
may be destroyed by the City of Kenai Animal Control Department upon order of such court
or through the consent of the animal's owner. (Ord. 935, 1146, 11$5, 1240)
3.05.070 Citation Procedure: (a) An officer may serve a summons and complaint
in the form of a citation upon a person for violating a provision of this chapter, or a term,
condition, or limitation of a license issued hereunder, or a City regulation promulgated under
this title.
(b) A summons and complaint issued under this section shall contain a notice
directing the person to whom it is issued to appear to answer to the charge in the District
Court for the Third Judicial District of the State of Alaska at Kenai.
(c) An officer who issues a summons and complaint under this section shall deposit
547-02/10/88 3.3 CITY OF KENAI
~} the original and a copy of the citation with his immediate superior who shall forward the
citation to the District Court for the Third Judicial District of the State of Alaska at Kenai.
Thereafter, the summons and complaint may be disposed of only by official action.
(d) A summons and complaint in the form of a citation that fulfills the requirements
for a complaint under the District Court Rules of Criminal Procedure promulgated by the
Supreme Court of the State of Alaska shall be deemed a lawful complaint for the purpose of
prosecuting a violation of this title.
(e) Mandatory Court Appearance shall be required:
(1) for a violation of KMC 3.10.020(c).
(2) for all cruelty charges under this code.
(3) Upon second citation of all other provisions of Chapter 3.10 in a twelve
(12) month period.
(Ord. 935, 1185)
3.05.080 Re ulg a~ ns: The Chief Animal Control Officer may promulgate
regulations, necessary and convenient to the administration of this title, including, but not
limited to:
(a) Providing the form of applications, licenses, and other documents used in the
administration of this title.
(b) Providing the form, recording, and control of citations to be used under KMC
3.05.070, and the form and control of citation books.
(c) Declaring exceptions to KMC 3.10.050 to allow animals in the street for the
purpose of participating in races, shows, or other temporary sporting or festive events, and
to exclude nonparticipating animals from the vicinity of such events.
(d) Establishing fees and charges as authorized by this title.
(e) Establishing procedures for offering animals for adoption.
(f) Interpreting the provisions of this title.
3.05.090 Inspections: (a) During normal business hours, an officer may, upon
presentation of proper identification, inspect premises where animals are kept to determine
whether the animals are being kept in compliance with this title.
(b) Where the Constitution of the United States or of the State of Alaska so requires,
the officer shall obtain an administrative search warrant authorizing an inspection and exhibit
the warrant to the person in charge of the premises before conducting the inspection. The
officer may apply to the trial courts of the State of Alaska to obtain an inspection warrant,
stating in the application the name and address of the premises to be inspected, the authority
to conduct the inspection, the nature and extent of the inspection, and the facts and
circumstances justifying the inspection. Warrants issued under this section shall be returned
within ten (10) days.
(c) Where the Chief Animal Control Officer finds the action is necessary to prevent
an imminent and substantial danger to the public health, safety, or welfare, he may authorize
an inspection permitted by subsection (a) of this section to be made without a warrant upon
547-02/10/88 3.4 CITY OF KENAI
obtaining the prior approval of the City Attorney and City Manager and in either one of their
absences, the Mayor.
(d) The Chief Animal Control Officer may conduct an animal census of the
municipality at such intervals as he deems appropriate. The Chief Animal Control Officer
may authorize those who take the census to accept applications for, and to issue, licenses
under KMC 3.15 and 3.20 in the field.
3.05.100 Fees: (a) The fee for a kennel facility shall be $5.00 per dog in the facility,
up to a maximum of $25.00. (Ord. 1522-92)
(b) The fee for a dog license shall be $2.00 for a sterilized dog and $10.00 for all
other dogs. The fee for replacing a lost dog license tag with a duplicate shall be $.25. (Ord.
1522-92)
(c) The fee for redeeming an impounded animal shall be the sum of the impoundment
and boarding fees specified in this subsection, provided that if, within thirty (30) days of
paying the impoundment and boarding fees, the owner of an impounded animal presents proof
that the animal has been sterilized, the Animal Control Officer shall refund to the owner the
impoundment fee for the animal. The refund for sterilization shall be allowed only once for
any animal.
(1) First Impoundment Fee: Dog - $35.00; Cat - $10.00.
(2) Second Impoundment Fee within atwelve-month period from first
impoundment: Dog - $50.00; Cat - $20.00, plus citation, shots, license, and boarding
fees as required.
(3) Third impoundment fee and thereafter within atwelve-month period from
first impoundment: Dog - $75.00; Cat - $30.00, plus citation, shots, license, and
boarding fees as required.
(4) Boarding fee: Dog and Cat, $3.00/day; Other animal weighing more
than fifteen (15) pounds, $5.00/day. The boarding fee also shall include any other
costs actually and reasonably incurred by the Animal Control Office in maintaining the
animal, including, but not limited to, medical care.
(5) Any impounded animal which by reason of its size, strength, dangerous
propensities, or other characteristics cannot reasonably be kept in the Animal Control
Shelter may be reclaimed upon payment of an impoundment fee of $25.00 plus the
actual costs reasonably incurred by the Animal Control Office in impounding,
transporting, and keeping the animal.
(d) The fee for adopting an animal shall consist of a charge to defray the cost of
vaccinating, impounding, spaying or neutering, and caring for the animal, and shall be set by
the City Manager. (Ord. 935, 1522-92)
S61-01/05/93 3.5 CITY OF KENAI
Chapter 3.10
CONTROL AND TREATMENT OF ANIMALS
Sections:
3.10.010 Interference with Peace or Privacy.
3.10.020 Control and Confinement of Animals.
3.10.030 Maintenance and Sanitation.
3.10.040 Diseased Animals.
3.10.050 Animals Near Street.
3.10.060 Cruelty to Animals.
3.10.010 Interference with Peace or Privacy: No person may permit an animal which
he owns to interfere with another person's reasonable right to peace or privacy by making
repeated or continued noise. (Ord. 1522-92)
3.10.020 Control and Confinement of Animals: (a) A person who owns a dog
shall keep the dog under restraint at all times.
(b) A person who owns an animal other than a dog that is capable of annoying or
endangering other persons or damaging their property shall keep the animal under restraint
at all times.
(c) A person who owns a vicious or dangerous animal shall at all times either
confine the animal in a building or a secure enclosure, or otherwise secure the animal, as with
a muzzle, so it cannot injure other persons or their property.
(d) A person who owns a female dog or cat in heat or during ovulation shall keep
the dog or cat under restraint in such a manner that it cannot come into contact with a male
of its species except for planned breeding purposes, provided that a female sled dog in heat
shall be confined unless it is restrained by proper harnessing in a team in such a manner that
it cannot come in contact with a male dog except for planned breeding purposes.
(e) No person other than an officer performing his duties under this title may release
an animal from restraint without its owner's consent, except to preserve the animal's life.
3.10.030 Maintenance and Sanitation: A person who owns an animal shall maintain
all structures, pens, and yards where he keeps the animal, and all areas adjacent thereto, in
a clean and sanitary condition and free from objectionable odor.
3.10.040 Diseased Animals: No person may sell an animal which the person knows
to be diseased, injured, or otherwise physically defective without disclosing to the buyer the
nature of the disease, injury, or defect.
3.10.050 Animals Near Streets: No person may tie, stake, or otherwise confine an
animal by a street, sidewalk, alley, or public place, or in such a manner that the animal may
561-01/05/93 3.6 CITY OF KENAI
enter a street, alley, or public place, except as permitted under KMC 3.05.080.
3.10.060 Cruelty to Animals: (a) No person may:
(1) Intentionally kill an animal;
(2) Intentionally injure, torment, poison, provoke, or otherwise abuse an
animal;
(3) Maintain an animal without providing food, water, and shelter adequate to
preserve the animal's health, or abandon an animal where it will not be provided
proper food, water, shelter, and care;
(4) Maintain an animal showing symptoms of infectious or contagious disease
without keeping the animal confined in a building or secure enclosure and under
proper care.
(b) Subsection (a) of this section does not apply to:
(1) Impounding, destruction, or other disposition of an animal in a humane
manner as authorized by law;
(2) Killing or injuring an animal where necessary to protect a human being or
domesticated animal from death or bodily injury;
(3) The humane destruction of an animal by its owner or the owner's
authorized agent.
(c) Animal fighting:
(1) No person may cause an animal to fight another animal or human being,
whether for amusement of himself or others or for financial gain; or
(2) Train, or keep for the purpose of training, an animal for exhibition in
combat with an animal or human being,
(3) No person may permit his premises to be used for the purposes described
in paragraph (c)(1) of this subjection, or be present as a spectator at an exhibition
described in paragraph (c)(1) of this subsection.
(d) Accident involving injury to animal:
(1) The driver of a vehicle involved in an accident resulting in injury to an
animal shall stop the vehicle as close to the scene of the accident as possible and
forthwith inform the owner of the animal of the injury if the animal's ownership is
readily ascertainable, or inform the Animal Control Office of the injury if the animal's
ownership is not readily ascertainable.
(2) A driver shall inform the appropriate person under paragraph (d)(1) of this
subjection of the time and location of the accident, a description of the injured animal,
and the apparent nature of the injury.
(e) Animal trapping:
(1) No person may use a trap within the city limits that can kill or mangle an
animal.
(f) Animal harassment:
(1) No person may allow any animal which he owns to molest or harass wild
or domesticated animals. (Ord. 935)
552-08/25/89 3_~ CITY OF KENAI
Chapter 3.15
Sections:
3.15.010
3.15.020
3.15.030
3.15.040
3.15.050
LICENSED FACILITIES
Licenses Required.
Licensing Procedure.
License Revocation.
Hearings -- Appeals.
Standards for Operating Facility.
3.15.010 Licenses Required: No person may operate a kennel facility without
having a license therefor issued pursuant to this chapter. (Ord. 1522-92)
3.15.020 Licensing Procedure: (a) Application for a license under this chapter
shall be to the Chief Animal Control Officer. The application shall include:
(1) The name and address of the applicant;
(2) The number and breeds of dogs to be kept in the facility;
(3) The type of facility the applicant proposes to operate under the license, and
a description of the proposed facility. An application for a license for a kennel to be
used for commercial purposes shall include a copy of a current Alaska Business
License for the operation of the kennel and a Borough Sales Tax application or
registration number; (Ord. 1522-92)
(4) The address of the premises where the applicant proposes to operate under
the license, and the name and address of the owner of the premises;
(5) A diagram of the premises on which the applicant proposes to operate
under the license. The diagram shall show the lot lines and the location and
dimensions of yards and structures on the premises where the applicant proposes to
operate under the license, designate the parts of the premises on which dogs will be
kept, and show the location and use of structures of adjacent lots. The diagram need
not be based upon a formal survey of the premises.
(6) The license fee required by KMC 3.05.100;
(7) Proof of a current rabies vaccination for each dog kept in the facility that
is over the age of three months.
(b) The Animal Control Office shall not issue a license under this chapter to any
person who has been convicted of neglecting an animal or cruelty to an animal.
(c) The Animal Control Office shall not issue a license under this chapter until it has
inspected the premises where the applicant proposes to operate the facility, and determines that
the applicant will operate the facility in accordance with standards set forth in KMC 3.15.050.
(d) The Animal Control Office shall prepare a written report of the inspection's
findings; including any reason why the proposed facility does not meet the standards set forth
in KMC 3.15.050 and any steps which the applicant may take to make the facility qualify for
561-01/05/93 3_g CITY OF KENAI
a license. The Animal Control Office shall give the applicant a copy of the report.
(e) A license issued under this chapter shall expire on December 31st of the year in
which it is issued.
(f) An application to renew a license issued under this chapter shall be made at least
thirty (30) days after the license expires, and shall be made in the same manner as an
application or a new license, provided that the applicant may rely upon materials submitted
with his original application to the extent they accurately portray the current condition of the
facility.
(g) The applicant shall be informed in writing that the application or receipt of the
license provided for in this chapter does not relieve the applicant of meeting all zoning
ordinance requirements or any other applicable City, Borough, or State laws or regulations.
(h) The applicant shall agree in writing that the kennel facility may be inspected by
the Chief Animal Control Officer or his designee at any time during business hours of the
permittee. (Ord. 1522-92)
3.15.030 License Revocation: (a) If an inspection of a facility licensed under this
chapter reveals:
(1) The facility constitutes a health hazard;
(2) The facility violates a City or Borough ordinance or regulation;
(3) The facility violates a provision of this title, a term, condition, or limitation
of a license issued under this chapter or a City regulation promulgated under this title.
The inspecting agency may so notify the operator of the facility, stating in writing the
steps the operator may take to remedy the violation.
(b) The inspecting agency shall allow a facility operator who has been notified of a
violation under subsection (a) of this section a reasonable time not exceeding fifteen (15) days
to remedy the violation. At the end of that period, the inspecting agency shall reinspect the
facility to determine whether the violation has been cured.
(c) If after reinspection, the inspecting agency determines the violation has not been
cured or that new violations have occurred, the Chief Animal Control Officer may commence
a proceeding to revoke the license for the facility under KMC 3.15.040.
3.15.040 Hearings=- A~~peals: (a) A person aggrieved by the granting, limiting,
conditioning, or denying of a license under this chapter may, within fifteen (15) days of the
action complained of, apply for a hearing before the Chief Animal Control Officer or his
designee. Upon timely application under this subsection, the Chief Animal Control Officer
or his designee shall hold a hearing to determine whether the license should be granted,
conditioned, limited, or denied. The person aggrieved may appeal the decision of the Chief
Animal Control Officer to the City Council within thirty (30) days whose decision shall be
final.
(b) Before revoking a license under this chapter, the Chief Animal Control Officer
or his designee shall hold a hearing to determine whether the license should be revoked. The
party aggrieved may appeal to the City Council within thirty (30) days of the decision whose
decision shall be final.
S61-01/05/93 3_g CITY OF KENAI
3.15.050 Standazds for Operatin Fg acility: In operating a kennel facility, the operator
shall (Ord. 1522-92):
(a) Comply with the provisions of this title, the terms, conditions, and limitations of
any license issued hereunder and any City regulations promulgated under this title.
(b) Provide shelter adequate to preserve the health of the animals kept in the facility.
(c) Maintain the facility in a sanitary condition.
(d) Provide for the adequate Gaze and feeding of animals kept in the facility.
(e) Design and equip the facility so as to keep all animals on the premises.
(fJ Keep on that number of animals in the facility which is safe and healthy for the
facility's sake.
(g) Maintain the facility in such a manner that it does not constitute a nuisance to
owners or occupiers of land in its vicinity.
Chapter 3.20
LICENSES
Sections:
3.20.010 Requirement for Licenses.
3.20.020 Licensing Procedure.
3.20.030 Dog License Tags and Receipts.
3.20.040 Issuance of Licenses.
3.20.050 Exemptions.
3.20.010 Requirement for Licenses: A person who owns a dog over the age of three
(3) months, other than in the operation of a kennel facility, shall obtain a dog license for that
dog pursuant to this chapter. (Ord. 935, 1522-92)
3.20.020 Licensing Procedure: (a) Application for a dog license shall be to the Chief
Animal Control Officer. The application shall include:
(1) The name and address of the owner of the dog;
(2) The name, breed, color, age, and sex of the dog;
(3) Proof that the dog has a current rabies vaccination;
(4) The license fee required by KMC 3.05.100;
(5) Written proof that the dog is sterile, if the owner seeks to qualify for the
reduced license fee under KMC 3.05.100(b).
(b) A dog license shall expire on December 31st each year.
(c) An application to renew a license issued under this chapter shall be made at least
thirty (30) days before the license expires, and shall be made in the same manner as an
application for a new license.
561-01/05/93 3-10 CITY OF KENAI
3.20.030 Dog License Tags and Receipts: (a) For each dog licensed under this
chapter, the Animal Control Office shall issue the owner a numbered receipt and a tag
stamped with an identification number.
(b) To be licensed under this chapter, a dog must bear a license tag securely fastened
to its choke chain, collar, or harness, provided that the dog need not bear the tag while
confined, in harness, in competition, in training, or while hunting.
(c) No person may use a dog license tag or receipt for a dog other than the one for
which it was issued.
3.20.040 Issuance of Licenses: The Chief Animal Control Officer may permit the
submission of applications far licenses, and the issuance of licenses, under this chapter by
mail.
3.20.050 Exemptions: KMC 3.20.010 does not apply:
{a) To a person who does not maintain a permanent residence in the City of Kenai
when that person owns a dog for no more than thirty (30) days.
(b) To a person who presently has resided in the City for no more than thirty (30)
consecutive days.
(c) To a person who does not maintain a permanent residence in the City when that
person owns dogs for dog mushing purposes for more than thirty (30) days, but no more than
ninety (90) days during the dog mushing season, provided he obtains a temporary kennel
license. The Animal Control Office shall issue a temporary kennel license for no charge upon
proof that all dogs for which the license is to be issued have a current rabies vaccination.
(Ord. 1522-92)
(d) To a blind person, for the ownership of a seeing eye dog, or to a deaf person, for
the ownership of a hearing dog.
561-01/05/93 3-11 CITY OF KENAI
Chapter 3.25
IMPOUNDMENT
Sections:
3.25.010 Impounding Procedure.
3.25.020 Procedure After Impoundment.
3.25.030 Minimum Term of Impoundment.
3.25.040 Redemption of Impounded Animal.
3.25.050 Availability for Adoption.
3.25.060 Adoption Procedure.
3.25.070 Disposition of Animals Not Made Available
for Adoption.
3.25.080 Hearings -- Appeals.
3.25.090 Protective Custody.
3.25.100 Interference with Office or Employee.
3.25.010 Impounding Procedure: (a) The following animals shall be subject to
impoundment:
(1) An animal found at large;
(2) A dog not bearing a license tag as required by KMC 3.25.030.
(3) A vicious animal (dog or other).
(b) When an officer finds an animal subject to impoundment and the officer knows
the identity of the animal's owner, the officer may cite the owner rather than impound the
animal.
(c) An officer may pursue an animal onto private property in the course of effecting
an impoundment under this section.
(d) Method of Impoundment:
(1) An officer of this code may capture an animal by calling the animal at
large to him.
[iJ A citizen may also capture an animal at large by this method for
removal by the Animal Control Officer.
(2) When deemed necessary, the Chief Animal Control Officer or his designee
may capture an animal at large by the use of a baited live capture cage trap.
(3) When the public safety is in jeopardy, the Chief Animal Control Officer
or his designee may capture or destroy an animal by any means. (Ord. 935)
3.25.020 Procedure After Impoundment: (a) An officer shall take an animal that he
has impounded to the Animal Control Shelter where the animal shall be confined in a humane
manner for a period not less than prescribed by KMC 3.25.030.
546-11/13/87 3.12 CITY OF KENAI
(b) Immediately upon receiving an impounded animal, the Animal Control Shelter
~ shall make a reasonable effort to notify the animal's owner of the impoundment and the
conditions under which the owner may recover the animal.
(c) The Animal Control Office may file a complaint against the owner of an animal
impounded for creating a disturbance or being at large.
3.25.030 Minimum Term of Impoundment: Unless it is subject to redemption and
is sooner redeemed by its owner pursuant to KMC 3.25.040, a dog bearing a license tag as
required by KMC 3.25.030 shall be impounded for not less than 120 hours, and any other
animal shall be impounded for not less than 72 hours, provided that an impounded feral
animal endangering Animal Control Shelter personnel may be destroyed forthwith.
3.25.040 Redemption of Impounded Animal: (a) Subject to subsection (b) of this
section, the owner may redeem an impounded animal upon proving his compliance as to that
animal with the applicable licensing requirements of KMC 3.15 or KMC 3.20, and paying the
applicable impoundment fees set forth in KMC 3.05.100.
(b) The following animals shall not be subject to redemption:
(1) An animal that, in the judgment of a license veterinarian, ought to be
destroyed for humane reasons.
(2) An animal determined by a court of competent jurisdiction to be vicious.
(Ord. 636)
3.25.050 Availability for Adoption: (a) At the end of the minimum term of
impoundment for an animal, or after such further period of impoundment as the Chief Animal
Control Officer may allow, the Chief Animal Control Officer shall determine whether the
animal shall be made available for adoption.
(b) None of the following animals may be made available for adoption:
(1) An animal that shows symptoms of a major infectious or contagious
disease, as determined by the Chief Animal Control Officer;
(2) An animal that in the judgment of a license veterinarian ought to be
destroyed for humane reasons;
(3) An animal determined by a court of competent jurisdiction to be vicious;
(4) An animal that is the subject of a hearing or appeal under KMC 3.25.080.
(c) The Chief Animal Control Officer shall determine the term during which an animal
shall be held available for adoption, and the procedure for selecting the person entitled to
adopt a particular animal.
3.25.060 Adoption Procedure: (a) A person adopting an impounded animal shall pay
an adoption fee to help defray the cost of impounding and caring for the animal in accordance
with KMC 3.15.100.
(b) A person adopting an animal shall comply with the licensing requirements of KMC
3.15 or 3.20 as they apply to that animal.
(c) In addition to any other fees required by this title, a person adopting a dog or cat
546-11/13/87 3.13 CITY OF KENAI
from the City of Kenai Animal Shelter shall pay a $25.00 deposit. The deposit shall be
refunded upon submission of a veterinarian's certificate of spaying or neutering to Animal
Control within thirty (30) days of adoption for dogs and cats over six (6) months of age at the
date of adoption. For dogs or cats under six months of age at adoption, the certificate must
be presented within seven (7) months of adoption. (Ord. 1226)
3.25.070 Disposition of Animals Not Made Available for Adoption: (a) An
impounded animal that is the subject of a hearing or appeal pursuant to KMC 3.25.080 or
criminal proceedings before a court of competent jurisdiction shall be held in the Animal
Control Shelter pending a final decision and any appeals from that decision.
(b) An animal other than one described in subsection (a) of this section that is not
subject to redemption, and for any of the reasons stated in KMC 3.25.050(b)(1-3) is not being
held for adoption, may be disposed of in a humane manner.
3.25.080 HearingsAppeals: (a) A person who owns an impounded animal, who
is not the subject of criminal proceedings related to the impoundment of that animal, and who
cannot redeem the animal because:
(1) The animal is not subject to redemption under KMC 3.25.040(b)(2); or
(2) The Chief Animal Control Officer has disposed of the animal under KMC
3.25.050 or KMC 3.25.070 may, within thirty (30) days after the impoundment of the
animal, apply for a hearing before the Chief Animal Control Officer or his designee.
Upon timely application under this subsection, the Chief Animal Control Officer or his
designee shall hold a hearing. The decisions of the Chief Animal Control Officer may
be appealed to the City Council within thirty (30) days. The decision of the City
Council shall be final.
(b) The purpose of the hearing shall be to determine whether:
(1) The animal was lawfully impounded; and,
(2) The animal was lawfully withheld from redemption or disposed of.
(c) If, on the basis of the hearing, the Chief Animal Control Officer or his designee
finds the impoundment, withholding from redemption or disposition of the animal was not in
accordance with law, the Chief Animal Control Officer shall:
(1) If the animal is in the custody of the Animal Control Shelter, order that
the animal be returned to its owner;
(2) If the animal has been disposed of, recommend to the Public Works
Director and City Manager that the City Council authorize an award to the owner of
compensation in the amount of the fair market value of the animal at the time of
impoundment.
(d) A person aggrieved by the decision of the Chief Animal Control Officer or his
designee or an award authorized by the City Council may within thirty (30) days of that
decision appeal the decision to the City Council whose decision shall be final.
3.25.090 Protective Custody: (a) when an officer finds it is necessary that an animal
not subject to impoundment be taken into custody of the Animal Control Shelter to preserve
546-11/13/87 3-14 CITY OF KENAI
the animal's or the public's health or safety, the officer may take the animal into protective
custody. (Ord. 1522-92)
(b) The Animal Control Shelter shall maintain an animal in protective custody until
the animal is redeemed by its owner, or for a minimum of ten days, after which time the
animal may be disposed of as an impounded animal.
(c) The owner of an animal in protective custody may redeem the animal upon
demand, without paying an impoundment fee, upon payment of a boarding fee as provided
in KMC 3.05.100(c)(2) or (c)(3).
(d) A person who owns an animal taken into protective custody and disposed of as
an impounded animal may obtain a review of that disposition as provided in KMC 3.25.080.
3.25.100 Interference with Officer or Employee: (a) No person may interfere with,
hinder, or molest an officer or Animal Control Shelter employee in performing a duty under
this title.
(b) No person may release or attempt to release an animal from the custody of an
officer or the Animal Control Shelter.
Chanter 3.30
RABIES CONTROL
Sections:
3.30.010 Reporting Required.
3.30.020 Disposition of Animals.
3.30.030 Quarantine of Individual Animal.
3.30.040 Areawide Quarantine.
3.30.050 Rabies Immunization Required.
3.30.060 Immunization Records.
3.30.070 Use of False Certificates Prohibited.
3.30.080 Annual Rabies Vaccination Clinic.
3.30.010 Reporting Required: (a) The owner of an animal which has bitten a person
shall notify the Animal Control Office promptly of the incident.
(b) A person who has been bitten by an animal shall notify the Animal Control Office
promptly of the incident.
(c) A physician or other practitioner of medicine who treats a person for an animal
bite shall report to the Animal Control Office promptly the name and address of the person
treated and such other information as may aid the Animal Control Office in the control of
rabies.
546-11/13/87 3-15 CITY OF KENAI
(d) A license veterinarian shall report to the Animal Control Office every animal
which he examines and suspects to be infected with rabies.
3.30.020 Disposition of Animals: (a) If an officer finds an animal subject to
impoundment under KMC 3.25 and that animal has been reported to the Animal Control
Office under KMC 3.30.010, or otherwise is suspected of being infected with rabies, the
officer shall impound the animal. If the animal is not redeemed within the minimum term of
impoundment provided by KMC 3.25.030, the Chief Animal Control Officer may direct that
the animal be disposed of under subsection (c) of this section. Otherwise the animal shall be
quarantined as provided in KMC 3.30.030.
(b) An animal other than an animal impounded under subsection (a) of this section that
has bitten a person shall be quarantined as provided in KMC 3.30.030.
(c) When an animal has been diagnosed as rabid, or a licensed veterinarian suspects
the animal is rabid, the Animal Control Office shall so notify the Department of Health and
Welfare.
(d) An unvaccinated animal that has been bitten by an animal diagnosed as rabid shall
be destroyed immediately. If a bitten animal has a current rabies vaccination, the animal shall
be revaccinated immediately and quarantined as provided in KMC 3.30.030(b) and (c) for
thirty (30) days.
(e) Except as this chapter provides otherwise, no person may kill a rabid animal or
an animal subject to quarantine under this chapter, except to defend a human being from death
or bodily injury.
(f) The carcass of an animal suspected of being infected with rabies shall, upon
demand, be surrendered to the State Department of Health and Welfare.
3.30.030 Quarantine of Individual Animal: (a) Subject to KMC 3.30.020, an animal
that has bitten by puncturing or breaking the skin of a person shall be quarantined
immediately. The Chief Animal Control Officer shall determine the duration of the quarantine
of the animal, but that duration shall not b less than ten (10) days nor more than fourteen (14)
days.
(b) Conditions of quarantine:
(1) Subject to subsections (b)(2) through (b)(4) of this section, while an animal
is quarantined, its owner shall confine the animal indoors or in a secure enclosure so
that it cannot leave his premises, or come in contact with persons or other animals.
The animal may be taken outdoors for brief period to relieve itself, provided it is kept
on a secure leash under the control of an adult. The animal may be kept under equally
secure conditions at a veterinary hospital or boarding kennel of the owner's choice.
The owner shall inform the Animal Control Shelter where he is keeping the animal.
Upon learning that a dog has bitten a human being, the Animal Control Officer shall
immediately notify the Department of Health and Welfare and inform said state agency
of the place where said dog is impounded. The City may contract with persons
knowledgeable with care and handling of well and sick dogs for inspection of the said
dog for the fourteen (14) days of confinement to determine whether such dog is
546-11/13/87 3-16 CITY OF KENAI
infected with rabies. For this purpose, persons so designated by the City and the
Animal Control Officer shall have access to the premises where the dog is kept at all
reasonable hours, and may take possession of the dog and confine it in the designated
dog pound of the City or other suitable place at the expense of the owner. The owner
or persons in possession of harboring such dog under observation shall immediately
notify the Department of Health and Welfare of the State of Alaska of any evidence
of sickness or disease in the dog during its period of confinement and shall promptly
deliver its carcass to the appropriate agency in the event of the animal's death during
the said period.
(2) No person may release an animal from quarantine without the written
consent of the Chief Animal Control Officer. The Chief Animal Control Officer may
require that an animal be inspected before releasing it from quarantine.
(3) No person may remove a quarantined animal from the City without
notifying the Chief Animal Control Officer in writing at least 48 hours before the
intended removal and obtaining the written consent of the Chief Animal Control
Officer to the removal.
(4) The Chief Animal Control Officer may direct that a quarantined animal be
confined at the Animal Control Shelter.
(c) The owner of a quarantined animal shall bear the expense of keeping the animal
while it is quarantined, wherever it is kept and whether the location of its quarantine is
selected by its owner or directed by the Chief Animal Control Officer. Where a quarantined
animal is kept at the Animal Control Shelter, the owner shall be charged for its upkeep in
accordance with KMC 3.05.100(c)(2) or (c)(3).
3.30.040 Areawide Ouarantine: (a) When the City Manager finds that an animal in
the City has been positively diagnosed as infected with rabies, the Mayor may declare an
areawide rabies quarantine for a period of thirty (30) days.
(b) During an areawide quarantine every animal shall be confined in accordance with
KMC 3.30.030. No animal subject to areawide quarantine may be removed from the City
without the written permission of the Mayor or his designee.
(c) If additional positively diagnosed cases of rabies occur during the areawide
quarantine period, the Mayor may extend the duration of the areawise quarantine for up to
an additional six months.
(d) No person shall violate the Mayor's proclamation and any dog running at large
during the time fixed by the proclamation shall be killed by the Police or Animal Control
Officers without notice to the owner.
3.30.050 Rabies Immunization Required: No person may own a dog or cat over three
(3) months of age that does not have a current rabies vaccination.
3.30.060 Immunization Records: (a) Upon immunizing an animal for rabies, a
licensed veterinarian shall record on a rabies vaccination certificate form approved by the State
Division of Public Health, in triplicate, the following:
546-11/13/87 3.17 CITY OF KENAI
(1) The name and address of the owner of the animal;
~~ (2) The name, age, sex, breed, and color of the animal;
(3) The date of the immunization;
(4) The type of vaccine used; and,
(5) The name and signature of the veterinarian performing the immunization.
(b) The veterinarian shall give the original copy of the form to the owner of the
animal, and may retain the second copy.
(c) The City may supply licensed veterinarians with the forms described in subsection
(a) of this section.
3.30.070 Use of False Certificates Prohibited: (a) No person may issue or transfer
a certificate or receipt for a rabies immunization where the person knows that no such
immunization has been administered.
(b) No person may procure, receive, use, or attempt to use a certificate for a rabies
immunization as proof of the immunization for any animal other than that for which the
certificate or receipt was issued.
3.30.080 Annual Rabies Vaccination Clinic: At least annually the Animal Control
Office shall assure that a rabies
vaccination clinic is held at which vaccinations shall be available. (Ord. 294, 509)
(Note: Prior to repeal and re-enactment, animals were controlled pursuant to KC 3-1 through
3-23 and Ord. 294, 509, 636.)
546-11/13/87 3.18 CITY OF KENAI
~E~~89
(~G
_~
CITY ADNI3"1.OF 1fE~i~~
Memorandum
To: Tom Boedeker, City Manager, City of Soldotna
Rick Ross, City Manager, City of Kenai
Cooper Landing Advisory Planning Commission
Funny River Advisory Plaruung Commission
Moose Pass Advisory Planning Commission
Thru: Lisa Parker, Planning Director
From: Ken Bryant, Resource Planner
Date: February 11, 1997
Subject: Proposed Amendments to KPB Chapter 5.14 and Chapter
21.18
The Kenai Peninsula Borough Planning Commission has been reviewing
Chapters 5.14, Kenai River System Habitat Protection Tax Credit, and 21.18,
Kenai River Habitat Protection, of the Borough Code of Ordinances.
Over the past nine months, through the process of implementing the codes the
Planning Commission and the Planning Department have identified areas where
amendments to the existing code would be appropriate.
Initial briefings occurred in November 1996. At the January 27, 1997 meeting
draft language (enclosed) was presented to the Commissioners for consideration.
This was followed by a public hearing at the February 10, 1997 meeting in
which no public comment was presented on the proposed ordinance.
At this meeting, the Borough Planrung Commission requested staff send the
proposed ordinance to the Cities of Kenai and Soldotna, Cooper Landing
Advisory Plannng Commission, Funny River Advisory Planning Commission
and Moose Pass Advisory Plannng Commission. Final consideration was
postponed until the March 10, 1997 meeting.
The Planning Commission would appreciate your review and comments on the
proposed ordinance. Please submit any comments to the department by March
7, 1997. Should you have any questions please feel free to contact Ken Bryant,
Kenai River Center, at 260-4882, or Lisa Parker, Planning Director, 262-4441.
• KENAI RIVER HABITAT PROTECTION (KI'B 21.18)
i
1. Discussion of Draft Amendments to Chapter 21.18
STAFF REPORT
Proposed Changes to Chapter 21.18 Kenai River Habitat Protection
21.18.070. Activities not requiring a permit.
B.4. Boardwallcs, Qratewalks~ and st irways m ~ . ~ g sped
5.14.040(A) and (C,).
B.S.
quire a conditional_ u e perRit.)
NOTE: This adds gratewallcs, stairways, and fisclea~
allowable activities, and limits fish cleaning .mss in
21.18.080 Conditional use pen~nit.
A. An owner may apply for.
prohibited within the habitat protect'
or denied by the planning commis
date of issue. A conditional use unit
proviarn~`~~e to
activiti, ~.„"` i
~.
21.18.. _ Administratt'~~~'
PC Meeting 1-27-97
the list of
in
fuse p~ ' ~ ~' '' allow activities which are
Tonal permit requests shall be approved
be apued...
~. ~"~1"`~"°Kenai River Center are valid for 12
are usually granted upon request. This
their projects in a timely manner while
rely close inactive files. This also ensures that
y changes in legislation.
- Delegation -Legal proceedings.
B. A city m '"'adopt the standards established in this chapter or prescribe standards
ringent than th , established in this chapter for the areas of the city within the habitat
'.on area or ~['' areas regulated by.this chapter. A conditional L e nerrrdt isc~~ed by a ci
'~'~ This change would help reduce duplication of effort and redundancy in
regulation. A person required to appear before a city planning commission for a
conditional use permit would no longer need to also go before the KPB Planning
Commission for the same request. This deferral would occur only if the city's
standards were the same or more stringent than the borough's in each case.
28
21.18.135 Exemption for emergency situations.
NOTE: Expands the definition of main
described boundary for the mouth oft .
critical due to the amount of State aai
ietween boardwalks and platforms
proposed for the Kenai River
and encouraged by the Kenai
upon KPB Assembly and Planning Commission
~' This definition may become more critical as we near May 15, 1998 (the
time limit set forth under 21.18.094B for structures under construction).
Proposed Changes to Chapter 5.14 Kenai River System Habitat Tax Credit
5.14.020. Administration. Add to end of paragraph C:
NOTE: This wording is taken from AS 16.05.895 in reference to Alaska
Game permitting. Allows for immediate response to an emergen . ecl
mayor. 6
21.18.140 Definitions.
G. "Kenai River" shall mean the main stem
to the mouth including Skilak Lake. The main stem sh;
29
NOTE: Sets time limit for tax credit applicants. This will help the Assessing
Department process credits in a timely manner without having to issue a Tax
Adjustment Request (TAR) and re&nd during the assessment year.
5.14.040 Allowed Ssh habitat protection and restoration projects.
F. Bank restoration, bank protection or habitat
ASSEMBLY CONCLUDES] protect[s] the river's habits
project complies with all conditions, regulations and app
agencies. Projects requved as mitigation for onsite or o ~ ~
or other bank stabilization strategies not designed to im
credit.
NOTE: All other tax credits are processed a
Department and Kenai River Center. This is
decided by the Assembly. ~
END OF STAFF REPORT
are
[TTY
vided the
or fade
the Planning
required to be
30
,~
Introduced by:
Date:
Heating:
Postponed to:
Postponed to:
Carried over to:
Action:
Vote:
Reconsideration noticed:
Action:
KENAI PENINSULA BOROUGH
ORDINANCE 96-06
Land Use Committee
2120/96
3/19/96
3/27/96
4/02/96
4/16/96
Enacted as Amended
6 Yes, 3 No
4/22/96
No Motion Made
AN ORDINANCE DEFINING THE KENAI RIVER WATERSHED,
ESTABLISHING AREAS FOR REGULATION OF ACTIVITIES FOR HABITAT
PROTECTION WITHIN THE WATERSHED AND ENACTING LAND USE
RESTRICTIONS WITHIlV THOSE AREAS
WHEREAS, the Kenai River is recognized as a critical natural resource and is very important to
the economic well being and quality of life and lifestyle of the Kenai Peninsula
Borough and its residents; and
WHEREAS, numerous studies have been completed detailing and inventorying the complexity of
the Kenai River; and
WHEREAS, the aforementioned studies are unanimous in concluding that restricting land use is
necessary to protect and preserve the riparian habitat of the Kenai River; and
WHEREAS, the Kenai Peninsula Borough has authority for and is responsible for land use
planning within its boundaries; and
WHEREAS, the "Kenai River Comprehensive Plan -Goals and Objectives for the Kenai River
- Corridor" was adopted in Ordinance 87-48 as part of the borough's comprehensive
plan; and
WHEREAS, within one year from enactment of this ordinance the Assembly intends to expand the
habitat protection area, as defined in this ordinance, to include anadromous Kenai
River tributaries;
NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KENAI
PENINSULA BOROUGH:
SECTION 1. That a new chapter 21.18 to the borough code of ordinances be enacted to read:
KENAI RIVER HABITAT PROTECTION
21.18.010 Purpose.
Kenai Peninsula Borough. Alaska Ordinance 96-06
Page 1 of 7
Establish measures for the protection of Kenai River Salmon spawning and rearing habitat aze
applied in a consistent manner while recognizing private property rights and providing cities the
option to administer the ordinance within their boundaries. It is the intent of this ordinance to avoid
duplicating regulations of state, federal, or municipal agencies and to minimize conflicts between
those regulations and this ordinance.
21.18.020 Findings.
In enacting this ordinance the assembly finds numerous factors affect the habitat of the Kenai River.
Among others these include bank erosion, bank trampling, pollution, inadequate tourism
infrastructure, unsuccessful attempts to remedy bank erosion or protect and restore habitat,
inconsistent regulations, logging, grazing, mining, wetland fill and drainage, excavation and fill of
property, dredging, inappropriately installed culverts, fuel storage, and maintenance of existing
structures. The assembly finds that the sensitivity of the river area requires general prohibition of
activities within an azea immediately adjacent to the Kenai River and only activities which do not
damage the habitat should be allowed. The assembly finds that certain activities having minor
impact and that existing state, federal and local laws and regulations contain sufficient controls on
these activities that further regulation is not currently needed. The assembly further finds that fuel
storage and significant removal of vegetation within the 100-year flood plain along the Kenai River
and its tributaries need regulation to protect the Kenai River salmon habitat.
21.18.030 Periodic Review.
As part of its role in comprehensive planning the planning department shall prepaze an assessment
of the benefits and effectiveness of this chapter after one year, with a review every two yeazs
thereafter. In preparing this evaluation the planning commission shall hold at least one public
hearing.
21.18.035 Kenai River watershed district.
There is established a Kenai River watershed district comprised of all lands lying within or
contiguous to the Kenai River drainage system as bounded and defined on the official map, a copy
of which is attached as Exhibit A, which shall be kept on file in the planning department. The Kenai
_ River drainage system shall include all sections of the Kenai River to its outlet into Cook Inlet, all
tributaries and small lake systems including Kenai and Skilak Lakes and their headwaters. The
purpose of establishing this watershed district is for watershed boundaries only. Inclusion indicates
that the azea is important to the Kenai River watershed.
21.18.040 Habitat protection area established.
There is established a Kenai River habitat protection azea within the Kenai River watershed district.
Except as otherwise provided in this section, this area includes all lands within 50 horizontal feet
of the Kenai River. This shall be measured from the ordinary high water mazk or mean high water
line in tidal azeas. Where the banks within this fifty-foot area consist of a 60 degree or more cut
bank the habitat protection area shall consist of the greater of ~0 feet from the river or to a point 25
feet back from the top of the cut bank.
~ 21.18.050 Flood plain -Restrictions within for habitat protection -Permit required -Fuel
storage tanks and logging -Conditions.
Ordinance 96 -06 Kenai Peninsula Borough, Alaska
Page 2 of 7
~.
'~ A. No person shall install or replace a fuel storage tank or conduct logging activities as
defined in this section within any flood hazard azea bordering the Kenai River or any of its tributaries
without fast obtaining a permit from the borough planning director. In this section "flood hazard
area" means any azea designated as such pursuant to KPB 21.06 and shown on the most recent flood
insurance rate maps published by the Federal Emergency Management Agency.
B. Application for a permit shall be made to the borough planning department. No permit
shall be issued unless the planning director or designee determines that the proposed activity meets
the requirements of subsection C of this section. The applicant shall submit site or work plans
showing the location of the activity, the proposed means of conducting the activity, and information
showing that the proposed activity meets the conditions of this section.
C. Fuel storage tanks must be attached or anchored solidly to a structure or to the ground.
Cables may be used for anchoring that aze of sufficient strength to prevent the tank from tearing
loose if it were to float while empty. The tank must also be installed within an impervious
containment basin of a size sufficient to contain 110% of storage capacity plus 12 inches of free
board.
D. No permit shall be issued for logging unless the borough planning director, or designee,
determines the clearing does not result in a cleared area larger than 20 percent of the total area of the
pazcel provided that clearing for the footprint of a building may exceed this 20 percent limit.
Multiple cleared azeas may exist on a parcel but the total of all such azeas may not exceed 50 percent
of the total area of the parcel upon which the logging permit is sought. The planning director may
also deny a permit upon a determination that the proposed logging will increase runoff and/or
j erosion to such levels that it may significantly damage the riparian habitat and wetlands within the
habitat protection azea.
E. A decision of the planning director under this section may be appealed to the planning
commission. The appeal must be filed with the planning director within seven days of the date of
the decision and state the basis of the appeal. Only the applicant or an affected property owner may
appeal a decision.
21.18.060 Prohibited activity within the protection area.
Within the habitat protection area established by Section 21.18.040 of this chapter, no building,
_ construction, filling, excavation, major clearing of vegetation, commercial recreational uses, or
activity which results in significant erosion or damage to riparian habitat, or results in or increases
ground or water pollution, can be conducted except when specifically allowed under KPB 21.18.070,
or when a conditional use permit has been issued pursuant to KPB 21.18.072 or 21.18.080 or when
allowed for a prior existing structure under the provisions of KPB 21.18.090.
21.18.070 Activities not requiring a permit.
A. The activities specified in this section may be conducted within the habitat protection
area zone without obtaining a permit from the borough under this chapter. This section in no way
waives or modifies the necessity of adherence to other provisions of the KPB code, including KPB
21.06 (flood plain management), or requirements of a permit from federal, state or local
governments. Conduct of activities listed in this section aze expressly conditioned upon obtaining
~ all applicable permits. Conduct of activity without obtaining necessary permits shall be considered
a violation of this chapter, subject to the provisions of Section 21.18.110.
B. The following activities, to the extent they do not result in significant erosion or damage
fCenai Peninsula Borough. Alaska Ordinance 96-06
Page 3 of 7
to riparian habitat, or result in or increase ground or water pollution, do not require the issuance of
a permit under this chapter:
1. Minor vegetation management (trimming, pruning, or removal of hazardous trees)
2. Private non-commercial recreational uses that do not involve construction, excavation
or fill of land
3. Construction, installation, repair and maintenance of ladders, steps, cantilevered
walkways, platforms, docks, and bank restoration and protection and maintenance dredging that are
regulated by and require a permit from the Alaska Department of Natural Resources, State Pazks
Division, and the Alaska Department of Fish & Game, U.S. Army Corps of Engineers and other
applicable agencies. The activity must comply with all conditions and regulations imposed on such
activity.
4. Boazdwalks meeting specifications established in KPB 5.14.040(A).
21.18.072 Limited commercial activity within habitat protection area.
The planning commission may issue a permit for activities to be conducted within or using the
habitat protection area as provided in this section. Permits aze required for commercial activities of
the same nature as those allowed under 21.18.070 B. for private non-commercial use upon conditions
that the activity is limited to pedestrian use over boazdwalks, stair and docks necessary to alleviate
the increased levels of activity attendant to the commercial activity. A permit may not be issued
unless the planning commission determines the activity will be conducted in a manner that does not
result in significant erosion, destruction of wetlands or riparian habitat, or result in or increase
ground or water pollution. Permits are conditioned upon compliance with all applicable federal,
state and local laws and regulations. In granting a permit, the planning commission may establish
such conditions on the development, use or operation of the activity or facility for which the
conditional use permit is granted as it determines necessary to prevent erosion, destruction of
wetlands or riparian habitat or result in or increase ground or water pollution. The activity must be
conducted on a portion of property adjacent to the property within the habitat protection azea for
which the permit is sought.
21.18.080 Conditional use permit.
_ A. An owner may apply for a conditional use permit to allow activities which are prohibited
within the habitat protection area. Conditional use permit requests shall be approved or denied by
the planning commission. A conditional use permit may not be approved unless it is determined the
activity will be conducted in a manner that does not result in significant erosion, destruction of
wetlands or riparian habitat, or result in or increase ground or water pollution. Conditional use
permits are conditioned upon compliance with all applicable federal, state and local laws and
regulations. In granting a conditional use permit, the planning commission may establish such
conditions on the development, use or operation of the activity or facility for which the conditional
use permit is granted as it determines necessary to prevent erosion, destruction of wetlands or
riparian habitat, or result in or increase ground or water pollution. Additionally a conditional use
permit may not be granted unless the planning commission determines that the owner will be
deprived of reasonable use of the property without a conditional use permit being granted.
~ B. A person seeking a conditional use permit must make application to the borough planning
department. The application shall provide information describing the proposed activity and
demonstrate that the activity meets the conditions for conditional use permit. The planning
Ordinance 96 -06 Kenai Peninsula Borough, Alaska
Page 4 of 7
commission has no obligation to ascertain whether special conditions can be developed or imposed
unless the applicant has submitted adequate information to demonstrate that the proposed methods
or conditions will eliminate the impacts of the activity within the protection azea. If the planning
commission determines a proposed activity will cause significant erosion, destruction of wetlands
or riparian habitat, or result in or increase ground or water pollution it shall deny a conditional use
permit for the requested activity.
21.18.090 Prior existing activities and structures.
A. Intent. There aze activities which were conducted, and structures which were under
.construction, or exist and were in use before the enactment of this ordinance which would be
prohibited or restricted under the terms of this ordinance or future amendments. It is the intent of
this section to permit these prior existing activities or structures to continue. Any such activities or
structures must still comply with other applicable laws. The activities referenced in this section shall
be allowed if they do not result in significant erosion or damage to the riparian habitat.
B. Structures. Structures which were under construction or in use before the effective date
of any provision of this chapter, but that would be prohibited or restricted under the terms of this
chapter shall be allowed to continue, provided that a structure under construction must be
substantially completed within two yeazs of enactment of this ordinance. Such astructure-may be
maintained or repaired without a permit. Such a structure may also be replaced or reconstructed
within two years after accidental damage or accidental destruction by fire, explosion, or other
casualty or act of God. Reconstruction or replacement not completed within two years of the date
~ of the damage is prohibited except in compliance with current requirements. Such replacement or
reconstruction may only be undertaken in the same space that the structure occupied prior to damage
or destruction.
C. Activities. This chapter shall not prohibit or restrict activities which were conducted
before the effective date of any provision of this chapter, provided that, after the effective date, such
activities are conducted in the same location and aze not enlarged to include a greater number of
participants or to occupy a greater azea of land.
D. Permits. Any enlazgement or expansion of such an activity or structure within the habitat
protection area shall require a conditional use permit. A conditional use permit shall be granted to
_ an applicant if the enlargement or expansion will be conducted in a manner that does not result in
significant erosion, destruction of wetlands or riparian habitat or increase in ground or water
pollution. The permitting authority may attach conditions to the permit it feels are reasonably
necessary to achieve the above objectives.
E. Other provisions.
1. Any prior existing activity or structure which is abandoned for two yeazs or more
shall thereafter not be conducted, used or occupied except in conformity with the provisions of this
chapter.
2. Nothing in this chapter shall prevent any change of tenancy, ownership or
management of any prior existing structure.
21.18.100 Administration by cities -Delegation -Legal proceedings.
~ A. The administration and enforcement of this ordinance may be undertaken by a city.
B. A city may adopt the standards established in this chapter or prescribe standazds more
stringent than those established in this chapter for the areas of the city within the habitat protection
Kenai Peninsula Borough, Alaska Ordinance 96-06
Page 5 of 7
area or other azeas regulated by this chapter.
C. A city wishing to administer and enforce this chapter shall enact an ordinance adopting
the provisions of this chapter by reference, providing the city will undertake the administration in
conjunction with the administration of land use regulations and building and health codes enacted
by the city. Within 30 days of passage of the ordinance the mayor shall transfer the administration
and enforcement to the city. The city may relinquish and transfer the administration and
enforcement back to the borough by ordinance, however the transfer shall not take effect unti190
days or the commencement of a new fiscal year for the borough, whichever is greater.
D. If a city assumes administration of this chapter, conditional use permit determinations
shall be made by the city planning commission, or by the city council, as provided by city ordinance.
Appeals or legal proceedings taken from actions of the city in administering shall be the sole
responsibility of the city.
21.18.110 Penalty for violation.
For any violation of this chapter the owner, agent, or contractor of a building or premise where such
violations have been committed or shall exist , or any other person who maintains any building or
premise or conducts an activity in violation of this chapter shall be subject to a civil penalty up to
$300. Each day that a violation continues shall be considered a separate violation for purposes of
imposing the penalty. The provisions of KPB 21.24.020 shall not apply to violations of this chapter.
21.18.120 Conflict with city land use authority or other laws or regulations.
To the extent this chapter may conflict with any previous grant or delegation of land use regulation
authority from the borough, such previous delegation of authority is modified or limited so as not
to conflict with this chapter. Except as otherwise specifically provided by another provision of this
chapter, the restrictions on use of land activity established by this chapter shall be in addition to any
other restrictions adopted by any state, federal or local authority having authority to adopt those
restrictions.
21.18.130 Administration and appeals.
Applications for permits, conditional use permits or determinations under this chapter will be
_ administered in accordance with the provisions of KPB 21.20 governing application, notice and
conduct of hearings. Appeals from action taken under this chapter will be handled in accordance
with the appeal procedures set forth in KPB 21.20
21.18.140 Definitions.
As used in this chapter:
A. "Commercial use" shall mean an occupation, employment, or enterprise that is carried
on for sale of goods or services or for profit.
B. "Conditional use" shall mean a use that would not be appropriate without restrictions
throughout the habitat protection area but which, if controlled as to number, area, location, relation
to the habitat or method of operation, would not cause or lead to significant erosion, destruction of
wetlands or ripazian habitat, or result in or increase ground or water pollution.
C. "Cut bank" shall mean banks of the Kenai River with exposed soil surface that have
occurred from natural or manmade causes whether the exposed surface extends to the high water
mark or not.
Ordinance 96 -06 Kenai Peninsula Borou¢h, Alaska
Paee 6 of 7
D. "Erosion" shall mean significant sloughing, washout, or discharge of soil arising from
manmade sources or causes.
E. "Fuel storage tank" shall mean any vessel for the storage of petroleum based fuels
including gasoline, diesel, kerosene and heating oil having a liquid volume of 200 gallons or more.
F. "Ground or water pollution" shall mean the discharge, application, spread or release of
chemicals, toxic materials, fuels, pesticides, petroleum based fuels on or into the soil and water
within the habitat protection area.
G. "Kenai River" shall mean the main stem of the river from and including Kenai Lake to
the mouth including Skilak Lake.
H. "Logging" shall mean removal or cutting down more than 50 trees per acre that have a
breast diameter height of 6" or more.
I. "Mean high water line" or "ordinary high water line" shall have the definition given in
11 AAC 53.900(15) as it currently exists or as it may be renumbered or revised
J. "Ordinary high water mark" shall have the definition given in I 1 AAC 53.900(23) as it
currently exists or as it may be renumbered or revised.
K. "Riparian habitat" shall mean the areas within and adjacent to the river containing
spawning and rearing habitat for salmon or that provide immediate cover or stability for salmon and
eggs at all stages of development.
L. "Soil erosion" shall mean the increased movement of soils that occurs as a result of
human activities or development.
M. "Structure" shall mean anything which is constructed, erected or moved to or from anv
premises and which is located above, on, or below the ground, including buildings, roads, signs,
billboards, satellite antennas and other communication structures, fences, and mobile homes.
N. "Wetlands" shall have the meaning given in 16 USC § 1302 as applied to Iand within the
habitat protection area.
SECTION 2. That this ordinance shall take effect May 1 ~, 1996.
ENACTED BY THE ASSEI~LY OF THE KENAI PENINSULA BOROUGH THIS 22nd
_ DAY OF APRIL, 1996.
ew P. Scalzi, Asse ly President
ATTEST:
Gave J. Va~;~han, Borough Clerk
I~cnai ?eainsuia Borough, Alaska Ordinance 96-95
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Introduced by: Mayor
` Date: 6/18/96
Hearing: 7/09/96
Action: Enacted as Amended
Vote: Unanimous
KENAI PENINSULA BOROUGH
ORDINANCE 96-29
AN ORDINANCE AMENDING KPB CHAPTER 5.14,
KENAI RIVER SYSTEM HABITAT PROTECTION TAX CREDIT
WHEREAS, the Kenai Peninsula Borough Assembly enacted Ordinance 95-32 establishing the Kenai
River System Habitat Protection Tax Credit on November 2I, 1995; and
WHEREAS, the Kenai Peninsula Borough has received specific comment that the ordinance is overly
restrictive in the materials authorized for habitat protection and restoration does not
authorize tax credits; and '
WHEREAS, property owners are not able to receive the full benefit of the habitat protection tax
. credit due to its restrictive nature; and
WHEREAS, the Kenai Peninsula Borough Assembly wants to provide habitat protection tax credits
to property owners desiring to protect and restore Kenai River habitat;
NOW, THEREFORE, BE IT ORDAIi iED BY THE ASSEMBLY OF THE KENAI PENINSULA
BOROUGH:
SECTION 1. That KPB 5.14.020.B and C. are amended as follows:
5.14.020. Administration.
B. Prior to beginning construction of a project for which one wishes to receive a tax credit,
the property owner must submit an application for prequalification ofthe project to the planning director
on a form provided by the planning director. This application must be accompanied by all necessary
federal, state, and local permits or approvals for the project. Within 30 [10 BUSINESS] days of
application, the planning director shall mail notice to the applicant as to whether the proposed project
has prequalified. If this notice is not mailed as provided herein, prequalification is deemed denied.
C. Upon completion, the applicant must schedule an inspection of the project with the
planning director. Within ~Q [10 BUSINESS] days of this inspection, the planning director shall mail
notice to the applicant on whether the project as completed qualifies for the tax credit. The notice shall
contain a determination of the costs being allowed. A copy shall be sent to the assessor. If this notice
is not mailed as provided herein, the tax credit is deemed denied.
SECTION 2. KPB 5.14.040 is amended as follows:
5.14.040. Allowed fish habitat protection and restoration projects.
A. [BOARDWALKS CONSTRUCTED SO THAT NO PART OTHER THAN THE
POSTS UPON WHICH IT RESTS ARE WITHIN 8 INCHES OF THE LAND. THE SURFACE NICJST
Kenai Peninsula Borough, Alaska Ordinance 96-29
Page 1 of 2
BE AT LEAST 25% OPEN TO THE LAND BELOW AND- IT MUST BE MADE OF WOOD,
PLASTIC, FIBERGLASS, OR ALUMINUM.] Gratewalk board walks. with at feast 75 percent light
cenetration must be constructed so that no vart other than the supporting_oosts are within 8 inches off
the Around Boardwalks with less than 75 Dercent but a minimum of 25 percent li~~ht penetration must
be constructed so that no parts. other than supporting posts, are less than 18 inches off the vround.
Board walks must be constructed of wood. plastic, fiberglass, aluminum. steel. or other non-toxic
material. If the wood is treated, it must be certified as non-toxic to plants and animals by an independent
laboratory or other appropriate agency. .
B. Spruce trees cabled parallel to the river bank as a buffer between the water and the bank.
C. Steps and ladders across land adjacent to the river which is at least 10 degrees steep, or
from any adjacent land into the water or onto a floating dock, constructed so that no part other than the
posts upon which they rest are within 8 inches of the land. [THE SURFACE MUST BE AT LEAST
25%OPEN TO THE LAND BELOW AND THEY MUST BE MADE OF WOOD, PLASTIC,
FIBERGLASS OR ALUMINUM..] Steps and ladders with less than 75 percent but a minimum 25
percent light penetration must be constructed so that no parts. other than supporting Fosts. are less than
18 inches off the ground. Steps and ladders must be constructed of wood. plastic. fiberglass, aluminum.
steel. or other non-toxic material. If the wood is treated, it must be certified as non-toxic to plants and
animals by an independent laboratory or other appropriate agency.
D. Floating docks issued the necessary permit or permits to build so long as the completed
dock conforms to the standards applicable to the issuance of permits by permitting agencies.
E. Projects which prevent or reduce the likelihood that petroleum products, including
petroleum products in water run off from roads, will enter the rivers. Where applicable, such projects
must conform to any federal or state standards to be eligible for this tax credit. '
~ Bank restoration. bank protection or habitat restoration projects that the assembly
concludes protects the river's habitat or restores habitat provided the project complies with all
conditions, regulations and approvals imposed by local. state or federal agencies. Projects required as
mitigation for onsite or offsite habitat degradation. bank hardening. or other bank stabilization strategies
not designed to improve habitat are exempted from the tax credit.
SECTION 3. That this ordinance becomes effective immediately upon enactment.
ENACTED BY THE ASSEMBLY OF THE KENAI PENINSULA BOROUGH THIS 9th DAY
OF JULY, 1996.
ATTEST:
G e J. ghan, oro gh Clerk
Ordinance 96-29 Kenai Peninsula Borough, Alaska
Page 2 of 2
.a ,•
1.ntY0C1t1Ced bV: 1~aY0C
Date: 9rosi~s
Hearin8: 1 I/07/9s
Postponed ~~ 1121/9s
Action: Enactcd as Amcnded
Vote: Unanimous
KENAI PENINSULA BOROUGH
ORDINANCE 95-32
AN ORDINANCE ESTABLISHING THE KENAI RIVER SYSTEM
HABITAT PROTECTION TAX CREDIT
S, AS 29.45.046 authorizes the Kenai Peninsula Borough to provide tax credits as
partial reimbursement for the Kenai River and its tributaries for habitat protection
or restoration project expenses; and
WHEREAS, encouraging protection of the Kenai River and its tributaries can result in
preservation of the fisheries; and
~ WHEREAS, without a tax credit, the owners budding such habitat protection projects would bear
the entire expense of protecting the Kenai River and its tributaries even though the
benefits would accrue to all citizens of the Borough;
NOW, THEREFORE, BE IT ORDAINED BY THE ASSEI~>BLY OF THE I,'ENAI
PENINSUZA BOROUGH:
SECTION 1. That the Kenai Peninsula Borough Code of Ordinances is hereby amended by
. adding a new Chapter 5.14 which shall read as follows:
Chapter 5.14
Kenai River System Habitat Protection Tax Credit
5.14.010. Purpose.
The purpose of this chapter is to promote the health of the Kenai River rystem by providing tax
credits as partial reimbursement for habitat protection and restoration project expenses on and
adjacent to the Kenai River and its tributaries.
5.14.020. Administration.
A. This chapter shall be administered by the planning director and the director of
assessing under the direction of the mayor.
B. Prior to beginning construction of a project for which one wishes to receive a tax
credit, the property owner must submit an application for prequalification of the project to the
planning director on a form provided by the planning director. This application must be accompanied
Krnai Prninsula Borough, Alaska Ordinancc 95-32
Page 1 of d
by all necessary federal, state, and local permits or approvals for the project. Within 10 business days
of application, the planning director shall mail notice to the applicant as to whether the proposed
project has pre-qualined. If this notice is not mailed as provided herein, prequalification is deemed
denied
C. Upon completion, the applicant must schedule an inspection of the project with the
planning director. Within I O business days of this inspection, the planning director shall mail notice
to the applicant whether the project as completed qualifies for the tax credit. The notice shall contain
a determination of the cosu being allowed. A copy shall be sent to the assessor. if this notice is not
mailed as provided herein, the tax credit is deemed denied.
'• D. For the first tax year following completion of the project, the assessor shall provide
a credit to the owner of the land upon which the project was constructed of up to 50% of the taxes
levied upon that land, or the taxable interest in that land, for that year or the costs incurred on the
project, whichever is less. In the second year, the assessor will provide a further tax credit of up to
50% of the taxes.Ievied upon that land, or the taxable interest in that land, for that year or the
remainder of the costs incurred on that project not previously credited, whichever is less. In the third
'year, the assessor wit provide further tax credit of up to 50% of the taxes Ievied upon that land, or
the~taxable interest in that land, for that year or the remainder of the costs emended on that project
not previously credited, whichever is less. The credit must be taken in 3 consecutive years and is
limited to those 3 years regardless of the costs incurred by the applicant. Only the land value, which
is defined as that value attributed to the land in the assessor's notice of assessment, is included in
calculating the amount of the tax credit
E. If prequalification of the tax credit is denied, or less tests for the project are allowed
than the applicant thinks appropriate, the applicant may appeal that decision to the mayor on a form
provided by the mayor. Appeals shall be made within ten days of the date of notice of any decision
under this section or if a notice was not mailed ten days from the date the action is deemed to be
denied. In reviewing a denial, the mayor shall grant prequalification if the proposal conforms to the
requirements of the ordinance. The mayor shall grant the credit if the project, as completed,
substantially conforms to the plans submitted for prequalification or if the mayor determines the
project conforms to the requirements of the ordinance. In reviewing an appeal requesting allowance
of more costs than allowed, the mayor shall grant the request if the verifiable costs are the same as
outlined in the plans submitted for prequalification or if the mayor determines the costs were.
necessarily incurred to complete the project as proposed.
5.14.030. Limitations. on taz credit
A The tax credit for the protection restoration project will only be granted for pre-
approved and verified but of pocket costs. In the calculation of the out of pocket expenses, federal,
stale and private non-repayable grants carutot be considered. Out of pocket cosu not pre-approved
may be granted if shown to be necessary and they are verified in writing. Invoices or other written
verification must identify the owner of the property as the ultimate purchaser.
B. The tax credit is not transferable, including but not limited to, a purchaser of the land
upon which the project was constructed.
C. Projecu which are required by state, federal, or local authorities do not qualify for the
tax credit.
D. All projects must be located within 150 horizontal feet from the mean high tide line
or ordinary high water Iine of the Kenai River or its tributaries as defined in as 29.45.046(b)(2).
Ordinance 95 32 Kerai Pcninsufa Borough, Albska
Page 2 of 4
E. The tax credit only applies to that portion of the taxes levied by the borough and any
applicable service area and the credit would be apportioned pro rata between them based on their
respective mill rates. However, if a city within the borough adopts a tax credit ordinance identical
to this ordinance and the city further requests that the borough administer the city's tax credit
ordinance, then the borough will do so.
F. The total tax credit available in arty year is ~0% of the taxes due on the land value for
that year regardless of the number of projects on that property.
G. Any exemption applicable to property for which the tax credit is sought shall first be
deducted from the improvement value of the property and then from the land value remaining before
determining the amount of the tax credit. No tax credit maybe granted during a year on property for
which no taxes are due for that year. . .
H. Property that has been subdivided or transferred after construction of an eligible
project will not be eligible for any portion of the tax credit in any year following the subdivision or
transfer.
I. Neither an owner's labor, or that of volunteers, qualifies as an allowable cost for
calculating a tax credit under this ordinance.
5.14.040. Allowed fish habitat protection and restoration projects.
Only the following projects may be considered for the tax credit:
A. Boardwalks constructed so that no part other than the posts upon which it rests are
within 8 inches of the land. The surface must be at least 25% open to the land below and it must be
made of wood, plastic, fiberglass, or aluminum. Lr tl-.e wood is treated, it must be certified as non-
toxic to plants and animals by an independent laboratory or other appropriate agency.
B. Spruce trees cabled parallel to the river bank as a buffer between the water and the
bank.
C. Steps and ladders across land adjacent to the rivers which is at least 10 degrees steep,
or from any adjacent land into the water or onto a floating dock, constructed so that no part other
than the posts upon which they rest are within 8 inches of the land. The surface must be at least 25%
cpen to the lard blow and they must be made of wood, plastic, fiberglass cr aluminum. If the wood
is treated, it must be certified as non-toxic to plants and animals by an independent laboratory or other
appropriate agenry.
D. Floating docks issued the necessary pernut or permits to build so long as the
completed dock conforms to the standards applicable to the issuance of permits by permitting
agencies.
E. Projects which prevent or reduce the likelihood that petroleum products, including
petroleum products in water run off from roads, will Enter the rivers. Where applicable, such projects
must conform to any federal or state standards to be eligible for this tax credit.
5.14.050. Planning department review.
The planning director shall prepare an annual report on the number of applications received under this
chapter and the action taken on them. •This report shall be submitted by April 1 of each year. The
report shall also contain any recommendations the planning department may have for changes in the
activities eligible for the credit consistent with the purposes of this chapter. Reports or
recommendations for changes may be submitted more frequently at the discretion of the mayor.
Kcnai Pcninsuia Borough. Alaska Ordinancc 95-32
Pagc 3 of ~
SECTION 2. Projects constructed or begun during calendar year 1995 before the effective date of
this ordinance shall be eligible for the credit commencing in 1996 as if the ordinance
had been in effect at that time. To qualify these prior legally permitted projects must
meet all conditions of this ordinance for approval except for the requirement that the
application be made prior to commencement of work
SECTION 3. That this ordinance becomes effective immediately upon enactment.
SECTION 4. That this ordinance shall sunset on December 31, 1998, unless extended by the
Assembly. However, projects approved by that date will be eligible to carry forward
the credit in subsequent tax years subject to the limitations set forth in this ordinance.
ENACTED BY TSE ASSEMBLY OF THE KENAI pENlriSiJLA BOROUGH ON THIS 21st
DAY OF NOVEMBER, 1995. '
~~
P. Scalzi, Assembly President
ATTEST':
Gaye J. Va Borough Cl k
(h+dtnancc 95 -32 Krnai Peninsula Borough, Als~lra
Pagc a of a
c1~ ~
Memorandum
Date: 02/20/97
To: The Planning and Zoning Commission
From: Marilyn Kebschull, Administrative Assistant
RE: REVIEW OF TITLE 14-CABIN DEFINITIONS
Attached is Cary Graves, City Attorney, response to the Commission's request for
definitions. Based on Mr. Graves' information and suggestions, .the following
decisions should be made:
1. Accept the definition for cabin rentals as presented or modify the definition for
review by the Legal Department.
2. Determine which zones would require a Conditional Use Permit for cabin rentals.
3. Recommend deleting the phrase "for more than two people" from the definition of
"guest room."
4. Establish the term "guest house" in the zoning code. If established, which zones
would require a Conditional Use Permit to erect guest houses.
5. Leave dwelling size as currently determined by the Uniform Building Code or
establish standards which could vary according to the zone.
If the Commission decides to recommend changes to the code, a public hearing
must be scheduled. At that time, the Commission can consider a resolution which
contains the code changes. If passed, the Legal Department would then prepare an
ordinance to be considered by the City Council.
Attachment
CITY OF KENAI '?''
~ 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794
TELEPHONE 907-283-7535
_ FAX 907-283-3014
an
IIII~I
~~:
h~1 ag 10117,273
MEMORANDUM ~ ~`r~
~ ~B ~
TO: Jack La Shot, City Engineer ~ ~~ c
Robert Springer, Building Official ~~,~ ~~'
FROM: ~ ~-bcary R. Graves, City Attorney ~~ZSZVZ~
DATE: February 10, 1997
RE: Cabin Rentals
As you know, for some time we have been discussing how to deal with the lack of a definition
of the term "cabin rentals" which is in the land use table. In particular, we were considering
it in light of the problem which occurred on James Street last year.
After discussing it with you and Bob Springer, I came up with a proposed definition of "cabin
rentals. " My proposal is to define it as follows: "The renting out of one or more individual,
detached dwelling units or buildings to provide overnight sleeping accommodations for a
period of less than thirty consecutive days." The Commission should consider which zones
would require a conditional use permit for cabin rentals.
The definition is designed to cover persons renting out houses or cabins for short periods of
time such as to tourists in the summer. It is not intended to cover the ordinary residential
renting of property. By state law, unless a rental agreement fixes a definite term, the tenancy
of a person who pays rent monthly is considered to be month to month. Alaska Stat.
§34.03.020(d) (Michie 1996). Therefore, someone renting a house out on a monthly rental
basis or longer would not be covered under this provision.
The reason the definition of "cabin rentals" covers a situation where more than one cabin or
house on the same property are rented out is that the definition of "motel" requires there to be
two or more dwelling units or guest rooms in the building. KMC 14.20.320(b)(51). In this
situation there would be only one dwelling unit per building. Therefore, someone who had
three individual cabins on a lot would not fall under the definition of a "motel. "
Jack La Shot /Robert Springer
February 10, 1997
Page 2 of 3
Additionally, the term "hotel" speaks of a building in which guest rooms are rented out on a
day-to-day basis. KMC 14.20.320(b)(38). It does not appear to cover the situation where the
entire structure such as a cabin or house is rented to one person.
During my review of the zoning code on this issue, I noticed that "guest room" is defined as
"any room in a hotel, dormitory, boarding or lodging house used or maintained to provide
sleeping accommodations for more than two people." KMC 14.20.320(b)(3b) (Emphasis
added.) I don't know why a guest room is required to be designed for more than two persons.
It seems a rather unusual requirement and one which could create problems in the future. I
suggest that while the Commission considers a definition for "cabin rentals" it also consider
deleting the phrase "for more than two people" from the end of the definition of "guest
room. "
During my research on this issue, I noticed that Seward and Soldotna have definitions for
"guest house. " "Guest house" is generally defined as an accessory building occupied on a
temporary basis solely by non-paying occupant(s). Basically, it's a cabin in the back yard for
relatives or friends to stay in when they are visiting. The Commission may want to establish
the term "guest house" in the zoning code. If so, they may want to require a conditional use
permit to erect one or allow them without a conditional use permit in such zones as RR and R.
There have also been discussions regarding the minimum size for a dwelling. Currently the
minimum size for dwellings is contained in the Uniform Building Code 11310.6.2 & 310.7.
The UBC has been adopted by the City (KMC 4.05).
UBC 1310.6.2 provides that a dwelling must have at least one room with 120 square feet of
floor area. Other rooms, except the kitchen, must have at least 70 square feet.
UBC 1310.7 provides that efficiency dwelling units (a dwelling with only one habitable room)
must have at least 220 square feet plus a separate bathroom and closet. One hundred square
feet of floor space must be provided for every occupant in excess of two.
Some zoning codes provide for minimum sizes for dwellings above those provided by the
Uniform Building Code. Often the minimum size varies according to the zone. A format of
one for an RS Zone follows:
(h) Dwelling Standards: (1) Every one-story single family dwelling
hereafter erected in any RS Zone shall have a total ground floor area of not
less than square feet measured from the outside of the exterior
walls, including utility rooms, but excluding cellars, basements, open
porches, garages and other spaces that are not used frequently or during
Jack La Shot /Robert Springer
February 10, 1997
Page 3 of 3
extended period for living, eating or sleeping purposes, except that rooms
intended for such purposes which are "roughed in" and are to be completed
within a reasonable time may be considered in computing such ground floor
areas.
(2) Every single family dwelling of more than one story hereafter
erected in any RS Zone shall have a total floor area, measured from the
outside of the exterior walls, of not less than squaze feet,
including utility rooms, but excluding cellars, basements, open porches,
garages and other spaces that aze not used frequently or during extended
periods for living, eating or sleeping purposes, except that rooms intended
for such purposes which are "roughed in" and are to be completed within a
reasonable time may be considered in computing such ground floor areas.
(3) Every dwelling unit in two-family structures hereafter erected,
converted or reconstructed in the RS Zone shall have a total ground floor
azea of not less than squaze feet, measured from the outside of the
exterior walls, including cellars, basements, open porches, garages and other
spaces that aze not used frequently or during extended periods for living,
sleeping or eating purposes, except that rooms intended for such purpose
which are "roughed in" and are to be completed within a reasonable time
may be considered in computing such ground floor areas.
(4) All multiple-family dwelling units (more than two dwelling units)
hereafter erected, converted or reconstructed in the RS Zone shall contain
not less than square feet of usable floor azea, exclusive of
basements, cellars, unfinished attics, open porches and garages.
If the Commission wishes to consider minimum dwelling sizes above that set forth in the UBC,
the above could be a useful form in which to do it. As you will note, I did not suggest any
particular minimum sizes. That is because such determination would be better made by the
Commission and you rather than the Legal Department. Once the Commission decides which
direction they want to go, I will be glad to prepare any ordinances they feel should go to
Council for consideration or provide any other assistance they need on this matter.
If you have any questions about this please let me know.
CRG/sp
Memorandum
Date: 02/20/97
To: The Planning & Zoning Commission
From: Robert Springer, Building Official
RE: CITY ATTORNEY'S MEMO DATED 2/10/97 (CABIN RENTALS)
In reference to the information provided to the Planning and Zoning Commission in
the above-referenced memorandum, I make the following recommendations:
• The City Attorney's definition of "cabin rentals" is appropriate.
• The definition of "guest room" in the KMC should be changed as suggested.
• The Building Code currently has minimum sizes for dwelling units. No additional
regulations should be necessary.
The Commission should consider that if a definition for "guest house" is added, it will
create an enforcement problem. For example, if an individual gets a CUP to put in a
"guest house," but later decides to charge guests, who will enforce the CUP? The
city does not currently have an enforcement officer.
RS/mk
1~T: P = PNncipel Permitted Use MOTE: Reference footrotes
C tarditianel Use on follwinp pages for
S = Se<o>dsry Use edditiorot restrictions.
Table I of 3
" , ?OI3INO DISTRICTS
G RR RRI RS RSl ' RS2: RU CC GG IL,'. LH R T
LAND USBS " ' H
~ ; ~ % ,.. .
` .
RE5~ID8L!l'ITAL ..
One Family P P P P P P S Si SZ P P
Dwelling
Two family P r r r P P S P P
Dwelling
Three/Four Family P P P S S'
Dwelling
Fve/Six Family C3 P P S S'
Dwelling
Seven or More C3 C3 P S S' C
Family Dwelling
Townhouses 4 C C C
Mobile Homes s
Mobile Home C C
~~ 6
Planned Unit C C C
Residential
Development r
CQMMSRCLAI, } ,. ,:. a :<n„z.> , . ~7 • ~.w
Automotive Sales P P P
Automotive Service
Stations P P P
Banks P P
Business/Consumer
Services P P C
Hotels/Motels P P C
Professional Offices P P P P P S P
Restaurants C° P P C C
RetaiUVVholesale
Business P P P P C C
'rnce~
Commercial
Recreation P P P C
14-65 CITY OF KENAI
ITT: P + Prfncipel Permitted Use
C + Conditivel Use
S • Seeardery Use
MOTE: Reference footnotes
on follwinp pegs for
edditivel restrictive.
Table 2 of 3
7ANING DISTRICTS "
LAND USBS !C ItR RRI RS. RSI RS2 RU CC _ CG IL" IH R _T
H
~: ~ilDUS1'RIAL
Aiitpotts and
Related Uses P P P
Aeactmotive Repair/
Title ~tecapping/
Rebuilding P P P
Gas ManufacturrJ
Storage C9
Manufacturing/
Fabricating/
Assembly/Storage P P
Warehouses P P
PUBI:ICI
A~'1TTUTIONAL
ClEiaritable
Iot~idrtions P P
Cliertches Pra pio pio pto ~ p
Clinics P P C
Clolleges C C C C C
I3em+eatary Schools C C C C C
Gi~vernmental
Htrildings C C C C
E~h SchooLs C C C C C
Htrspitals C C C C C
I.~tarics C12 P P P
l~aseums P P P
Pat^ks and
Riecreation P S S S S S P P
Pettilic Facilities C C C P C
Sam"ttarums C C C C C
14-66 CITY OF KENA[
ITT: P • Prlrcipal Permitted Use
C • Carditionsl Use
4 ^ Secendsry Use
MOTE: Reference footnotes
on follwinp peyes for
edditionl restrictions.
Table 3 of 3
ZUIVIIQG nISTRICTS
.
LAND USES C RR RRl RS 1251 RS2 RU CC GG IL. 1H R ` T
S
13
US ~ ~ ~ `~
Animal Baardmg t3 C C C
Bed & Breakfasts C C C C C
Cabin Rentals C C
Cemeteries C
Crematories C C C C
nay cane Centers 1z c c c c c c c c
Dormitories/
HoaNing Houses P ST S C
Essential Services P P P P P P P P P P P P P
Farming/Gardening/
General Agricunture P P P
Gnxrrhouses/Tree
Nurseries ra C C C C C C
Assemblages °S
(t.arge: Cirrarscs,
Fairs, etc.) C C C C C C
Lodges/Ftaternai
OrgarriTations p p C
Nursing,
Convalescent or
Rest Homes C C P P
Parlang, Off-Street P P P P P P P P P P P P P
Pinang, Public
Lott rz C C C P C
Private Clubs P P P S C
Radio/'TV
Tiaosmitters P P P S
Recreational Vehicle
ParJrs C C C C C C C
Social Halls P P C
Subsurface Ext-
racoon of Natural
Resources 76 C C C C C C C C C C C
Surface Extraction
of Natural
n C C C C C C C C C C C
Union Halls p P C
14-67 CITY OF KENAI
FOOTNOTES
(1) Allowed as a secondary use except on the ground floor of the part of the
building fronting on collector streets and major highways.
(2) One single-family residence per parcel, which is part of the main building.
(3) Allowed as a conditional use, subject to satisfying the following conditions:
(a) The usable area per dwelling unit shall be the same as that required for
dwelling units in the RS zone;
(b) The site squaze footage in area must be approved by the Commission;
(c) Yazds around the site, off-street pazking, and other development
requirements shall be the same as for principal uses in the RR zone;
(d) Water and sewer facilities shall meet the requirements of all applicable
health regulations;
(e) The proposed dwelling group will constitute a residential area of sustained
desirability and stability; will be in harmony with the character of the surrounding
neighborhood, and will not adversely affect surrounding property values;
(f) The buildings shall be used only for residential purposes and customary
accessory uses, such as garages, storage spaces, and recreational and community
activities;
(g) There shall be provided, as part of the proposed development, adequate
recreation areas to serve the needs of the anticipated population;
(h) The development shall not produce a volume of traffic in excess of the
capacity for which the access streets are designed;
(i) The property adjacent to the proposed dwelling group will not be adversely
affected.
(4) See "Townhouses" section.
(5) See "Mobile Homes" section.
(6) Allowed as a conditional use, subject to "Mobile Homes" section and provided
that any mobile home park meets the minimum Federal Housing Authority requirements.
(7) See "Planned Unit Residential Development" section.
(8) Allowed as a conditional use, provided that the proposed location and the
characteristics of the site will not destroy the residential character of the neighborhood.
(9) Allowed as a conditional use, provided that all applicable safety and fire
regulations are met.
------------------------------------------------------------------------------------------------------------------
S46-11/13/87 14-68 CITY OF KENAI
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AGENDA
RENAI CITY COUNCIL - REGULAR MEETING
FEBRUARY 19, 1997
7:00 P.M.
RENAI CITY COUNCIL CHAMBERS
http://www.Renai.net/city
A. CALL TO ORDER
1. Pledge of Allegiance
2. Roll Call
3. Agenda Approval
4. Consent Agenda
*All items listed with an asterisk (*) are considered
to be routine and non-controversial by the Council and
will be approved by one motion. There will be no
separate discussion of these items unless a Council
Member so requests, in which case the item will be
removed from the Consent Agenda and considered in its
normal sequence on the agenda as part of the General
Orders.
B. SCHEDULED PUBLIC COMMENT (10 Minutes)
C. PUBLIC HEARINGS
~~~~ ~ 1. Ordinance No. 1734-97 - Increasing Estimated Revenues
and Appropriations by $1,445 in the General Fund for
the Women's Basketball League.
~~~- 2. Resolution No. 97-3 - Transferring $2,500 in the
General Fund for a City-wide Computer Network Design
Study.
~j,L~~~3. Resolution No. 97-6 - Transferring $1,143.14 in the
General Fund for Purchase and Installation of a Water
Heater in the City Greenhouse.
~~~~ ~- 4. Resolution No. 97-7 - Supporting Public Ownership and
the Present Management Structure of the Alaska
Railroad.
~,~~~z~~ ~ 5. Resolution No. 97-8 - Awarding a Contract for Fuel
Service to Doyle's Fuel Service, Inc. at the Unit
Prices Listed Below for Furnishing and Delivering Fuel
to the City Dock and City Generator Tanks.
Page 1 of 1
~~~~~ ~ 6. Resolution No. 97-9 - Awarding a Contract for Fuel
,.~/~~j~ Service to Mapco Express, Inc. at the Unit Prices
Listed Below for Furnishing and Dispensing Fuel at
Their Service Station Located Bridge Access Road and
the Kenai Spur Highway.
7. *1996/97 Liquor License Continuance Protest/WITHDRAWAL
- The Upper Deck (delinquencies noted have been
resolved).
8. *1997/98 Liquor License Renewal - Peninsula Moose Lodge
- Beverage Dispensary.
D. 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. Historic District Board
c. Challenger Board
d. Kenai Visitors & Convention Bureau Board
e. Alaska Municipal League Report
E. MINIITES
1. *Regular Meeting of February 5, 1997.
F. CORRESPONDENCE
G. OLD BOSINESS
A. NEW BIISINESS
~1. Bills to be Paid, Bills to be Ratified
~%~,A~.~-~~ 2 . Purchase Orders Exceeding $2, 500
i~ 3. *Ordinance No. 1735-97 - Increasing Estimated Revenues
and Appropriations by $250,000 in the Capital Project
Fund Entitled "Kenai ARFF Project."
~,~~~ 4. Approval - Renewal of Department of Health & Social
Services Agreement.
Page 2 of 3
,~~~ 5. Approval - Agreement for Services/Vintage Pointe Manor.
~. piscussion - Confession of Judgment/Katmai Motel,
,~ ~ ~testaurant & Lounge.
~~~~%
7. Discussion - Sublease/Lot 3, Block 1, GAA, from Jame
!~''~ A. Munson to Public Radio Station KBBI/KDLL.
8. Discussion - ADEC Low Interest Loans (Drinking Water
~%~~ and Alaska Clean Water Funds).
s
EICECIITIVE SESSION - Inlet Woods Litigation.
I. ADMINISTRATION REPORTS
1. Mayor
2. City Manager
3. Attorney
4. City Clerk
5. Finance Director
6. Public Works Director
7. Airport Manager
J. DISCIISSION
1. Citizens (five minutes)
2. Council
R. ADJOIIRNMENT
Page 3 of 3
KENAI PENINSULA BOROUGH
PLAT COMMITTEE
BOROUGH ADMINISTRATION BUILDING
PLANNING DEPARTMENT
SOLDOTNA, ALASKA
February 24 1997 5:30 P.M
Tentative Agenda
Members:
Peggy Boscacci
Seldovia City
Term Expires 1997
John Harnrnelman
Areawide
Term Expires 1999
Ellis Hensley, Jr.
Nikiski
Term Expires 1999
Brent Johnson
Kasilof Area
Term Expires 1997
Alternates:
Philip Bryson
Kenai City
Term Expires 1998
Ann Whitmore-Painter
Moose Pass Area
Term Expires 1997
A. CALL TO ORDER
B. ROLL CALL
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C. APFRO~AL OF AGENDA ,EXCUSED ABSENCES, AND MINUTES
1. Commissioner Excused Absences
a. No excused absences requested.
2. Minutes
a. February 10, 1997
D. CONSIDERATION OF PLATS
1. KSRM No. 4; K Beach Road
Preliminary; Integrity Surveys
KPB File 97-019
2. Homer-Lake Street Rehabilitation; Homer City
Preliminary; STP-0001(73) 51238
Jim Sharp - AK DOT&PF
KPB File 97-020
3. Blueberry Hil! Addn. No. 2; [Name to Change]
East of McNeil Creek; Preliminary
Atelier Enterprise
KPB File 97-024
4. Jesse Lee Heights, S.P.I. Addn; Seward City
Preliminary; Johnson Surveying
KPB File 97-025
5. Cooper-Engle S/D; north of Ninilchik
Preliminary; Johnson Surveying
KPB File 97-026
6. Alfred Hermansen S/D; Cohoe-Kasilof Area
Preliminary; Johnson Surveying
i
.r°""~ ~ a'~r
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KPB File 97-028
7. Baum S/D; Beluga River
Preliminary; PTS
KPB File 97-027
8. Arctic Moon; Fritz Creek
Revised Preliminary; Roger Imhoff
KPB File 96-253
9. Lorene's Lament No. 4;
north of Hutler Bald Mountain Road
Preliminary; Ability Surveys
KPB File 97-029
E. ADJOURNMENT
The next regularly scheduled Plat Committee meeting is March 10, 1997 at
5:30 p.m. in the Planning Department at the Borough Administration Building in
Soldotna.
z
KENAI PENINSULA BOROUGH
PLANNING COMMISSION
`; BOROUGH ADMINISTRATION BUILDING
ASSEMBLY CHAMBERS
SOLDOTNA, ALASKA
February 24, 1997 7:30 P. M.
Tentative Agenda
John Hammelman
Chairman
Areawide
Term Expires 1999
Philip Bryson
Yce Chairman
Kenai City
Term Expires 1998
Ann Whitmore-Painter
Parliamentarian
Moose Pass Area
Term Expires 1997
Peggy G. Boscacci
PC Member
Seldovia City
Term Expires 1997
Wayne Carpenter
PC Member
Seward City
Term Expires 1999
Robert Clutts
PC Member
Anchor Point
Term Expires 1998
Wes Coleman
PC Member
Soldotna City
Term Expires 1999
Leroy Gannaway
PC Member
Homer City
Term Expires 1998
Ellis Hensley, Jr.
PC Member
Nikiski
Term Expires 1999
Brent Johnson
PC Member
Kasilof Area
Term Expires 1997
Tom Knock
PC Member
Cooper Landing
Term Expires 1998
A. CALL TO ORDER
B. ROLL CALL
C. APPROVAL OF REGULAR AGENDA AND ADOPTION OF
CONSENT AGENDA
Alt items on the consent agenda are considered routine and noncontroversial by the
Planning Commission and will be approved by one motion. There will be no separate
discussion of these items unless a Planning Commissioner or someone from the public
so requests, in which case the item will be removed from the consent agenda and
considered in its normal sequence on the regular agenda.
If you wish to comment on a consent agenda item or a regular agenda item other than a
public hearing, please advise the recording secretary before the meeting begins, and she
will inform the Chairman of your wish to comment.
1. Time Extension Requests
a. Silver King Eight
KPB File 95-164 [Jerry Anderson]
Location: Anchor Point, south of Anchor Point Road,
Westerly of the Old Sterling Highway
b. Jorgensen S/D
KPB File 87-002 [ASCG Incorporated]
Location: Island Lake Road and Pipeline Road south
of Island Lake
2. Plats Granted Administrative Approval
3. Plat Amendment Requests
a. Birch Manor S/D No. 2; Request to Amend Plat 96-78
Kenai Recording District
KPB File 97-031 [Terry Eastham]
Mike Navarre, Mayor
Lisa Parker
Planning Director
Maria Sweppy
Admin. Assistant
4.
5.
1) Anchor Point; Timber Harvest; Detailed Plan of
Operations; R.C. Land Improvements; KK97-
01
2) Homer; Timber Harvest; Detailed Plan of
Operations; Breed; KK97-02
6
7.
KPBPC Resolutions
1. Sumpter. S/D Lot 10, Block 2; Easement Vacation
Approved 1/27/97; KPBPC Resolution 97-04:
Vacating a portion of a twenty foot public easement
within Lot 10, Block 2, Sumpter Subdivision within
Section 12, Township 5 North, Range 9 West,
Seward Meridian, Alaska; KPB File 97-008
Coastal Management Program
a. Coastal Management Program Consistency Reviews
b. Conclusive Consistency Determinations Received
from DGC
c. Administrative Determinations
Kenai River Habitat Protection (KPB 21.18) -None
Commissioner Excused Absences
a. Tom Knock
8. Minutes
a. Plat Committee February 10, 1997 Minutes
b. Planning Commission February 10, 1997 Minutes
D. PUBLIC COMMENT AND PRESENTATIONS
(Items other than those appearing on the agenda. Limited to three minutes per speaker
unless previous arrangements are made.)
E. UNFINISHED BUSINESS
1. Ordinance 97-04: Amending KPB 17.10 Adding a New
Classification for Borough-owned Lands to Recognize
Historical Sites
z
F. PUBLIC HEARINGS
1. Vacate portion of Cranberry Avenue (Formerly Moose River
Drive), Elsa Louise S/D 1978; Section 6, TSN, R8W, S. M.,
Alaska; KPB File 97-014
2. Vacate K.S.R.M. Court and utility easements, KSRM
Subdivision No. 3; Section 22, TSN, R11 W, S.M., Alaska;
KPB File 97-021
3. Ordinance 97-11: Creating A Trails Commission
4. Ordinance 97-15: Amending KPB 17.10.100 by Adding a
New Section "J", Allowing Neighboring Property Owners and
Others with Prior Interests in Borough Lands to Purchase
Such Lands by Matching the Highest Bid
G. VACATIONS NOT REQUIRING A PUBLIC HEARING
1. McNeil Point Too, Lot 4
KPBPC Resolution 97-05: Vacating a ten foot wide utility
easement within Lot 4, McNeil Point Too SID Section 14,
TSS, R12W, S.M., Alaska; KPB 97-011
2. Kenai Lake Estates, Lot 9
KPBPC Resolution 97-06: Vacating a ten foot wide utility
easement within Lot 9, Kenai Lake Estates S/D Section 27,
TSN, R3W, S.M., Alaska; KPB File 97-022
H. SPECIAL CONSIDERATIONS
1. Kenai Lake Estates, Lot 9 -Building Setback Exception
Request KPBPC Resolution 97-07: Granting an exception to
the twenty foot building setback limit for a portion of Lot 9,
Kenai Lake Estates Subdivision S/D Sec. 27, TSN, R3W,
S.M., Alaska; KPB File 97-023
2. Plat Waiver Applications
a. Homer Congregation of Jehovah's Witnesses;
KPBPC Resolution 97-08: Granting a platting waiver
for certain lands within Section 18, T6S, R13W, S.M.,
Alaska; KPB File 97-030
b. Delbert Alsop; KPBPC Resolution 97-09: Granting a
platting waiver for certain lands within Section 2, T4S,
R14W, S.M., Alaska; KPB File 97-032
3. Rivendale Estates No. 4; Exception to KPBPC Resolution
88-02 Note & Affidavit; KPB File 94-173 [Roger Imhoff]
CONSIDERATION OF PLATS
a. Nine plats are scheduled for review by the Plat Committee.
J. KENAI RIVER HABITAT PROTECTION (KPB 21.18) -None
K. COASTAL MANAGEMENT PROGRAM CONSIDERATIONS
Anchor Point; Northfork 2-D Seismic Exploration; Northern
Geophysical of America; AK9701-020G
2. Clam Gulch; Small Lake II Timber Sale; Alaska Department
of Natural Resources; SC-3028K; ADL 227079
3. Clam Gulch; End Of The Road Timber Sale; Alaska
Department of Natural Resources; SC-3059K; ADL 227080
4. Clam Gulch; Island Timber Sale; Alaska Department of
Natural Resources; SC-3018K; ADL 227088
5. Ninilchik; Clam Timber Sale; Alaska Department of Natural
Resources; SC-3027K; ADL 222848
6. Moose Pass; Shilter Timber Sale; Alaska Department of
Natural Resources; SC-3073K; ADL 227081
L. OTHER/NEW BUSINESS
Planning Commission review of Coastal Management
Program consistency reviews for timber harvests
2. Planning Director's Decision; 21.13.160 Prior Existing Use
a. Hensley; T8N, R11 W, Section 32, Seward Meridian;
Nikiski; KPB Parcel No. 01330040
b. Shafer; T4S, R15W, Section 25, Seward Meridian;
Anchor Point; KPB Parcel No. 16516262
c. Shafer; T4S, R15W, Section 25, Seward Meridian;
Anchor Point; KPB Parcel No. 16525105
M. ASSEMBLY COMMENTS
N. DIRECTOR'S COMMENTS
1. Kenai Peninsula Borough Planning Commission decision
.approving partial vacation of public use easement in Lot 10,
Block 2, Sumpter Subdivision.
O. COMMISSIONER COMMENTS
P. ADJOURNMENT
WORK SESSION
The Material Site Working Group will not meet on February 24, 1997.
PLAT COMMITTEE
The Plat Committee will meet February 24, 1997 at 5:30 p.m. in the
Planning Department of the Borough Administration Building in Soldotna.
FUTURE MEETINGS
WORK SESSION
Material Site Working Group. A work session is scheduled for 5:30 to
7:00 p.m. Monday, March 10, 1997 to be held in Conference Rooms A
and B in the Borough Administration Building in Soldotna. The topic is
KPB Chapter 21.13, Conditional Land Use Permits for Sand, Gravel or
Material Sites. Contractors, engineers and other interested parties are
welcome to attend.
PLAT COMMITTEE
The Plat Committee will meet March 10, 1997 at 5:30 p.m. in the Planning
Department of the Borough Administration Building in Soldotna.
PLANNING COMMISSION
The next regularly scheduled Planning Commission meeting is March 10,
1997 at 7:30 p.m. in the Assembly Chambers at the Borough
Administration Building in Soldotna.
MISCELLANEOUS INFORMATIONAL ITEMS
NO ACTION REQUIRED
1. Anchor Point Advisory Planning Commission
January 14, 1997 Minutes
2. Soldotna Planning & Zoning Commission
February 5, 1997 Minutes
3. AML Legislative Bulletin #20-1
4. ~ AML Legislative Bulletin #20-2
Please visit our web page at www.borough.kenai.ak.us/Planning.htm
OTHER MEETINGS
Borough Assembly Feb. 18
Kachemak Bay APC Feb. 20
Funny River APC March 3
KPB Assembly March 4
Anchor Point APC March 4
Moose Pass APC March 5
Kachemak Bay APC March 6
Cooper Landing APC March 12
KPB Assembly March 18
Kachemak Bay APC March 20
~~ ~~ti
KENAI RIVER SPECIAL MANAGEMENT
AREA ADVISORY BOARD
Thursday, January 16, 1996
Central Peninsula Sports Center
K-Beach Rd., Soldotaa
I. 3:30 PM TO 5:30PM: Working Group Session - Review of Draft
Kenai River Management Plan by Bruce Phelps. Discussion of main
topics, how to review, etc..
II. CALL TO ORDER
A. Roll Call
Members Present: Ken Lancaster, Jack LaShot, Robin Nyce, Ben
Ellis, Deidre St. Louis for Duane Harp, Jim A. Richardson, Robin
West, Len Verrelli, Pat Bower, Gary Leipitz for Lance Trasky, Jim
H. Richardson, Tom Knock, Peggy Mullen, Ted Wellman, Chris
Degernes, Jeffrey King
B. Approval of December 12 minutes. The minutes were
approved as written.
C. Agenda Chaages and Approval. No agenda changes.
III. NEW BIISINESS
A. Marilyn Heiman, Special Assistaat to the Governor and
John Shively, DNR Commissioner: Presentation on the Proposed
Outreach Program - Kenai River Portion of Lease Sale 85A. Jim A.
provided an introduction of the process for the evening. The
presentation will address how the Governor will meet his commitment
to using a public outreach program to resolve concerns regarding
Lease Sale 85A. Marilyn Heiman was then introduced. Marilyn began
by stating that the Governor is very concerned about the issues
raised by the public, the KRSMA Board, sportfishing
representatives, and property owners along the Kenai River.
Knowles had concerns about the process which led to the lease sale
and felt that there needed to be a better public input process . The
Governor decided to go ahead with the lease sale, but committed to
a moratorium on issuance of permits until the public process is
completed.
Marilyn said tonight what they want to do is get ideas of what the
public involvement process should look like. The Governor has
asked that a facilitator be hired. There will be no limitation set
on what will or will not be accomplished by the process. Marilyn
said the Governor places a high priority 'on the Kenai River,
therefore when concerns were raised he took them very seriously.
During the Governor's first two years in administration there has
been a great deal of energy expended on protecting habitat along
the river with boardwalks, as well as restoring damaged habitat
along the river.
-2-
Marilyn also announced to the board that Brannon Ames has been
appointed to serve on this board, filling the vacancy created by
the resignation of Irv Carlisle. He is a long time advocate for
the Kenai River and lives in Sterling.
DNR Commissioner John Shively then addressed the board and the
public. Commissioner Shively said he was here for 2 reasons.
First of all, to apologize to the board, since clearly it was an
oversight that this board was not directly informed about Lease
Sale 85A. He said that should have been part of the process of the
lease sale. The Kenai River continues to be a high priority for
the Governor and also for the Commissioner. The second reason he
stated he was here for is to ask for the board's help on what the
outline for the stakeholder process should be. He said he would
look to the board for their advice on this process.
He then briefly reviewed the process they did follow, which
unfortunately did not work. The process took 18 months. There were
three opportunities for public comments on the lease sale.
Additionally there was a public comment period on what is called
the preliminary best interest finding. There were. 5 public
hearings. There was one Commissioner's round table held in Homer.
There was a total of 15 ads in 6 different papers including 3 on
the Kenai Peninsula. Of the 15 ads, 7 of them were display ads.
That did result in some response. 600 people commented either in
writing or in public hearings. However, it was clear at the end of
process that there were alot of people that should have known what
was being done that did not know.
The Commissioner said that drilling in the Kenai River basin is not
new. There has been drilling for 40 years with a variety of
mitigation measures. He noted that this administration is committed
to maintaining the river's health. The Commissioner said he is
personally concerned that the 1/4 mile setback in Lease Sale 85A is
not enough and a possible mitigation change would be to expand to
- a 1/2 mile setback. There will be a facilitator hired to help with
the process. There is an RFP going out for a facilitator in the
next day.
The Commissioner asked for any ideas about how the process can
work. He offered a couple of ideas: 1) Start with a broad
community workshop on a Saturday where the Commissioner would
outline what the situation is, what mitigation measures exist and
where questions can be raised. Out of that process a series of
recommendations can occur, or from that process form a smaller
group that would make the recommendations . The KRSMA board would be
involved in this process and the Commissioner invited any and all
members to be part of the process. 2) Another approach would be
to pick a stakeholders group. Again if that was done, the KRSMA
board would be the core of that group. There are certainly a
variety of other choices and this is why the Commissioner was here
asking for the board's input as well as the public.
KENAI RIVER SPECIAL tilANAGEMENT _3_
AREA ADVISORY BOARD - 1/16/97 minutes
Commissioner Shively and Marilyn Heiman then joined the board to
field public comments.
Jim A. said he is looking for positive results from this process.
Because of being involved in the update of the KRCMP, he has
noticed that alot of people are concerned about industrial
development on the river. Besides oil and gas industry along the
river, we should also be addressing other industrial uses too.
Betty Farrally: Doesn't understand how anything can be changed
since the sale has been done. She is very concerned about the 1/4
mile setback and said we need at least a 1/2 mile setback. She
asked how this could be done since the sales are already in place.
She said her father's business is dependent on tourism and sees the
Kenai River as a very important resource - we can't have oil near
our river and expect to maintain the river's renewable resources.
She was also surprised that State Parks would allow for oil and gas
exploration in the KRSMA as stated in the Comprehensive Management
Plan.
Commissioner Shively responded that when the oil companies get a
lease they do not get an automatic right to drill. They have to go
through additional permitting processes to do exploration drilling
or to do development drilling. The permitting processes are public
and part of them do come under ACMP. The Boro can put additional
mitigation measures in as can the State. The other risk the oil
industry takes is that State and Environmental laws can change,
which would also affect.
Brenda Stoops: Representing the Kenai Watershed Forum, said that
her group would like to see clearly defined what will happen and
what the intent of this outreach program is. Will it be just
informative or will we have an equal opportunity for input?
- Commissioner Shively answered that out of the stakeholder process
the Governor expects to get recommendations that will go to him.
The Governor has left it open as to what those recommendations
could be. As the Chief Executive of the State, he will ultimately
decide about those recommendations. There are no limitations as to
what could be brought up.
Edward Sutherby, Recent Kenai River Property Owner: Please take
into consideration the proximity of the subdivisions, rather than
considering just a half mile setback. He said his property is
right at a half mile from the river. His main concern is that
there will be gas wells in everybody's yard. •He said he comes from
Michigan where this has occurred and that's why he moved from
there.
1
Marilyn Heiman said there will be follow up meetings. She then
asked those persons who are interested in being involved to place
KENAI RIVER SPECIAL MANAGEMENT _4_
AREA ADVISORY BOARD - 1/16/97 minutes
their name on the list that will circulate this evening.
Lori Landstrom asked if permit stips apply to all surface
ownerships, i.e. state lands, mental health lands, or private.
Commissioner Shively explained there are three groups of lands.
There are State lands where mitigation measures on the surface
clearly apply, Mental Health lands who agreed to take our
mitigation measures as part of the lease sale, and lastly, there is
some uncertainty regarding what our authority is on private lands.
However, even if we do not have authority under our mitigation
measures, the Boro has the ability under their ACMP process to set
mitigation measures on private lands.
Dale Bondurant, Kenai River Property Owner: He said he goes back a
long ways on what has been done here on the Kenai. He said he
remembers when they were ready to develop the Swanson River Oil
fields. The oil companies at that time said that if they had to
follow all the environmental protection requirements on that area
that they would not do it. So now since they have done it, they use
this as an example of a good job. Dale said he thinks the oil
companies have a very poor record as far as environmental
protection. One of their biggest excuses is that the cost of
meeting the mitigation for environmental protection cannot be
afforded. When they get done with this state they will not have
any vested interest in the future of this state and they will move
right out and we will be left with things that have been done that
will harm our renewable resources. Dale says we need to stand up
and argue and fight to make sure we protect our renewable
resources. Dale complained about a recent appointment by the
Governor of an oil lobbyist to help with oil development issues.
Commissioner Shively responded that what the Governor tries to do
is to balance people in his administration. Marilyn Heiman is
- proudly one of the leading environmental advocates in the state.
She came straight out of the environmental community and on the
other side of the issue, the Governor gets criticized for her
position in the Governor's office . Therefore the Governor's office
is not one sided.
Brenda Stoops asked about the 90 day moratorium established by the
Governor. Is the clock running?
The Commissioner answered that the 90 day is not a rock solid
timeframe. It takes about 6-7 months for anyone who applies to get
a drilling permit and currently there have been no applications for
drilling permits on any of these leases.
Betty Farrally: One more comment about Cook .Inlet and the disposal
of drilling waste that has been going on for a long time. They
could be using deep well injection but they have decided to save
KENAI RIVER SPECIAL MANAGEMENT _5_
AREA ADVISORY BOARD - 1/16/97 minutes
money and dump the waste into the Inlet. We would like to depend on
our Boro to protect us under the ACMP permits but it is best not to
depend on them. She urges that we all need to start thinking
differently to protect what we have.
Karl Kircher, Commercial Fisherman: Will this process make changes
in permitting?
Commissioner Shively replied that the recommendations would be
inserted into the permitting process so that the oil companies
understand up front when they apply for those permits, these are
things that have been agreed to.
Marilyn Heiman then asked for comments from the invited groups and
she went through the list. Alaska Sportfishing Association, no one
present. Kenai River King Salmon Fund, no one present. Kenai
Peninsula Fisherman's Association, no one present. Kenai Watershed
Forum, Brenda Stoops present. UCIDA, no one present. Kenai River
Guides Association, no one present. Kenai River Sportfishing,
Inc., Ben Ellis (also a board member). Kenai Property Owner's
Association, Walt Arthur. Trout Unlimited, Dennis Randa sent
comments via fax. Friends of Cooper Landing, Jim H. Richardson.
Alaska Center for the Environment or Trustees for Alaska, no one
- present.
Jim H. Richardson, Friends of Cooper Landing: The group expressed
interest and would like to get copies of what this meeting was all
about.
Dale Bondurant said he was dismayed about the level of pressure the
Board received from the Commissioner's office when they took a
stand in opposition to LS85A. He said this board should have been
the most important group that would be concerned about this.
- Jim A. responded to Dale's remarks since he was in contact with the
administration. The information that he received is that clearly
this administration is sincere and they want to hear what this
board has to say. What happened, happened. The board's job is to
deal with this particular problem on these drilling sites . Jim said
he is looking on the positive side and appreciates Dale's point.
Marilyn added that the Commissioner already apologized to this
board for not including them in the lease sale. It was an
oversight that the most important group was not informed of the
sale. This sale was a very difficult one for the Governor. The
pressures that were brought to bear were very great. Alot of
information was brought out near the end of the lease sale but it
was a little late in the process to do something. The Governor
thought of every option such as delay, cancelling, deleting tracts,
and then he talked to as many people as he could, as did Marilyn
herself, and the Commissioner. There are stipulations that can be
KENAI RIVER SPECIAL MANAGEMENT
AREA ADVISORY BOARD - 1/16/97 minutes
-6-
made that can change how drilling is done, where it is done and
what kind of protection will be provided. Those will be listened
to by the Governor.
Ben Ellis (as a spokesperson for KRSI) said to follow up on that,
it was exactly one of their concerns. There is alot of hope from
some that this will be a very productive process and alot of
skepticism from others. One of the key points was the time limit
- if the clock is not running toward it's 90 days, that will help.
Otherwise, people were concerned if there was a date that was set
in stone it would be counterproductive to the facilitation process.
He is feeling very positive that is the case. However Ben said he
is a little perplexed because of the number of people that signed
on in opposing LS 85A that are not here. We all have a
responsibility to protect this river, and it is not only pointing
fingers at the administration. Ben would recommend the community
forum process rather than limiting it to a group of stakeholders.
Walt Arthur, Kenai River Property Owner's Association: Said one of
the things he heard was that alot of people felt hoodwinked by the
ads. He would suggest it be better to list it in clear text and
not just legal text as township and range do not mean too much to
most people.
Mayor Navarre: Asked how much did budget reductions by the
Legislature affect the amount of resources to do public process
beyond what was bare legal. Could they have done more with
adequate budget? A map that would show tracts that overlay the
Kenai River, etc. in the ad would be most useful.
Commissioner Shively said there were some reductions in 0&G. His
recollection was that some of the display ads had maps. He said
one of the things about the public process that concerned him is
that there is a legal process. He said DNR did well with the legal
process. However what he called the moral process, which is how you
increase involvement, was an area they failed in. We need to try
to find a better way to do community based meetings . DNR is looking
to change how we do public process.
Dan Chay asked how would you balance the pros and cons of having a
process in which the agencies were involved in some sort of
consensus agreement vs. a process that is essentially advisory back
to the Department, where the Department makes the decision?
Commissioner Shively said other agencies do comment all through the
process, F&G, DEC, and we negotiate and discuss with them. If they
are not happy at the staff level there is the ability to elevate
that first to the Director level and then to the Commissioner level
and ultimately, if we cannot resolve it there, to the Governor.
There were not issues in this lease sale that were elevated.
KENAI RIVER SPECIAL MANAGEMENT _7_
AREA ADVISORY BOARD - 1/16/97. minutes
Dan: suggested creating a process that would be the difference
between an advisement process and a collaborative problem solving
consensus process. Having a process that has teeth and people will
feel some. sort of ownership in the decision.
Commissioner Shively said he would like to persuade everybody that
DNR intends to take this process very seriously. He said
ultimately, though, the responsibility of the management of the
State's resources does rest with the executive branch of the
government. He said the intent is to listen to the people of good
will and he will be there to help resolve this process.
Brenda Stoops: Would like to see all the groups have a say in who
the facilitator will be. She also asked if the names of the
facilitators being considered will be shared with everyone?
Marilyn Heiman: There will be a decision on the facilitator soon
but names for facilitators will be accepted. There is not a list
as yet but Marilyn said a good way to be informed would be to sign
the list going around tonight.
Steve Porter, ARCO representative: He wished to confirm some things
that the Commissioner has talked about. ARCO believes the State has
the authority to change the rules on these leases. If the State
wants to change the setbacks or any other rules, they have the
authority to do that. That is the risk ARCO takes when they buy the
leases. DNR cannot cover every issue at the lease sale stage, so
as we proceed ahead after the sale there is a whole other process
to go through. With a specific exploration proposal you will know
what the exact area is and then comment on what cannot be done, or
what the mitigation would be, etc.
Jim A. then told the board they have a "homework assignment". They
need to get their ideas to Marilyn Heiman, or to the Commissioner
- or to the Board Chair, Jim A., about what kind of process they
would like to see.
Brenda Stoops then read a list of recommendations from the Kenai
Watershed Forum for the process. She will send this to Marilyn.
B. IIpdate Discussion: Previously Authorized Seismic Work in
the Kenai River Area - DNR Staff. Commissioner Shively told the
board Northern Geophysical has applied for a seismic testing permit
on state lands. They actually had a previous permit that was
intended to include the Kenai and unfortunately they left it out.
There is a public process being reviewed by the Coastal Zone
Management program. There is a 30 day comment period which starts
today. You may call the DGC staff person handling this permit,
Molly Birnbaum, at 271-4317. The Commissioner said the closest
that any seismic work will come to the river is 3/4 of a mile away.
KENAI RIVER SPECIAL MANAGEMENT _8_
AREA ADVISORY BOARD - 1/16/97 minutes
Peggy said she felt a little bad about the 30 day process since we
meet only once a month.
Jeff Hastings is here tonight from Northern Geophysical. He said
he would be glad to answer any questions at any time. His number
is 344-0079. Their office is at 2361 Cinnabar Loop in Anchorage,
99507.
Jim A. said there will be a board teleconference on January 30.
The task at that meeting is to quiz Bruce Phelps on questions on
the revision of the KRCMP. Jim suggested to Peggy that she take
the lead in drafting recommendations for the board to discuss that
day. Marilyn Heiman offered that DGC could be available to take the
comment s from the board .
Ben told the Commissioner as he was leaving the meeting that the
loan of Bruce Phelps to help with the revision of the Kenai River
Comprehensive Management Plan has been extremely beneficial.
Hopefully we will be able to borrow him not only to finish the plan
but help further on the plan implementation, even if on a part time
basis. Ben said he wanted to pass along appreciation for a job well
done and the appreciation of this board for Bruce's work.
Commissioner Shively said we have some outstanding people in state
government and Bruce is certainly one of them. He was specifically
picked for this task because of his talent and we are pleased he
was able to provide the board with the help. The Commissioner said
he would keep him involved.
C. Mental Health Trust Authority - Steve Plaachon. Steve
introduced himself as the Executive Director of the Mental Health
Trust Land office. He works for DNR and he said his office was set
up to manage Alaska Mental Health Trust Lands . The trust lands are
- owned by the Alaska Mental Health Trust Authority. The mission of
the trust is to benefit mental health beneficiaries. By maximizing
revenues from these lands we are doing wonderful things for the
State of Alaska and the people who live here. We work for the
Alaska Mental Health Trust Authority by managing the land under
contract. Jeff Jesse is the Executive Director of the AMHTA.
Steve used a map to describe the lands that are being managed under
the Trust. He said a copy of these maps would be available for the
board for future reference. This is a result of a settlement that
took years of litigation. The State of Alaska transferred about a
million acres of land throughout Alaska to the•Alaska Mental Health
Trust Authority. There own subsurface and surface lands. Steve
said they will be participating in the stakeholders process, as the
Mental Health Trust wants to make sure they are a good neighbor.
He said that as far as the Kenai River goes, they understand the
KENAI RIVER SPECIAL MANAGEMENT _9_
AREA ADVISORY BOARD - 1/16/97 minutes
concerns of conservation. Steve said there are about 40 leases on
the Kenai River since 1977. Steve talked about a trip last summer
when Parks took them in a boat to look at every single lease, to
see how a trust land is being cared for. The purpose was to see if
the lessees were protecting the lands. Mental Health Trust is very
interested in protecting the riverbank. He said for any lease, if
its' highest and best use is conservation, then it will probably
not be developed. He said they are very innovative and very
considerate of what they do in the watershed.
Steve then fielded questions. A question was asked about how much
was sold during lease sale 85A. Steve said there was 70,000 acres
throughout the Cook Inlet Basin of which 7 tracts were sold. They
received a half million dollars for that. That money goes directly
into the Mental Health Trust. This money is used for people whose
kids are threatening suicide and they need intervention, for people
who need buses or transportation, and many kinds of different
programs.
Another question asked was what statute does Mental Health fall
under. Jeff answered that it is in Alaska Statute 47.30. Steve
said DNR manages under AS 38.05.01.
Jeff explained that there are 4 beneficiary groups: mental illness,
' developmental disabilities, elderly with Alzheimers or related
dementias, and people with chronic alcoholism. Not only does
Mental Health serve these people but they are into comprehensive
programs that includes things like prevention and education.
D. EVOS Small Parcels Acquisition Process for the Kenai
River - IIpdate and Strategy Development for prioritization. Chris
presented this item on the agenda. She provided each board member
with a map which shows the proposed and purchased EVOS parcels.
- Chris went over the purchased parcels: a 100 acre parcel that was
owned by Chester Cone in the Beaver Loop area, a 20 acre parcel
owned by Dr. Kolylarz near Big Eddy, a 110 acre parcel owned by
Irene Girves in the City of Soldotna, an extensive section of river
frontage owned by Salamatof in the Moose Range meadows area, a 146
acre parcel called the "Kenai River Ranch", near the proposed Funny
River bridge crossing, and the Kenai Native Association parcel
downstream from Skilak Lake, otherwise known as the Stephanka
tract. Lands that are currently under negotiations are 3 parcels
owned by Leo Oberts, (Peterkin parcel, Honeymoon parcel, and the
Big Eddy parcel), the Schilling property located just downstream
from the Soldotna bridge, a parcel upstream from the Soldotna
airport known as the Patson parcel, and a couple of other
miscellaneous Salamatof parcels. There are 30 other nominations for
parcels that received low rankings. There is a working group that
~~ is currently considering whether an of those
y parcels should be
brought back up and considered as parcels meriting special
KENAI RIVER SPECIAL MANAGEMENT
AREA ADVISORY BOARD - 1/16/97 minutes
attention.
-10-
The small parcel program is one that is addressing parcels that are
under 1000 acres. The purpose of the program is to identify and
purchase lands from willing landowners at appraised fair market
value, those lands that serve in some way to restore habitat that
was lost or diminished during the oil spill or to restore values
for species that were affected by the oil spill. It can also
provide for restoring recreation services that were diminished or
lost by the oil spill.
E. Kenai River Property Owner's Association Survey Results.
Walt Arthur supplied the board with a copy of the KRPOA "Survey of
Kenai River Property Owners". Walt went over many of the questions
in the report, and offered the survey as another tool the Board
could use in considering public input for the Management Plan
revision.
Robin Nyce asked if the KRPOA includes people with guiding
businesses, or other commercial businesses. Walt said it is mostly
single family owners, plus a couple of guides.
Walt will leave a copy of this report with the Kenai River Center.
IV . PUBLIC CObIl~TT . No public comment .
V. ADJOURNMENT
A. Board Comments.
Peggy: Invited all to an Open House at the new office space of the
Kachemak Heritage Land Trust located in The Nature Conservancy's
office at the Blazy Mall. This is on Friday night (1/17) at 5 pm.
She also reminded board members if they would be interested in
- helping her with Northern Geophysical's permit application review
to please contact her.
Gary: Offered thanks to Walt Arthur for the KRPOA survey.
Pat: Also thanked KRPOA for the survey.
Len: Encouraged everybody to participate Commissioner Shively's
offer to participate in the working group for Lease Sale 85A. This
will demonstrate to the State that people really care and want to
be part of the solution.
Robin: He told the board about some of the things that will be
happening this year on the Refuge. They have a new budget that
looks pretty good. There is funding for an additional enforcement
officer; funding for 4 new toilet facilities. For Peggy's interest
or anyone interested, he volunteered staff members such as Jim
RENAI RIVER SPECIAL MANAGEMENT -11-
AREA ADVISORY BOARD - 1/16/97 miautes
Frates to help in understanding seismic operations.
Jim A: Jim said he has had a couple of discussions with Mayor
Navarre as follow up to the letter that was in the packet. Navarre
is interested in meeting with .the board. Lisa Parker will
coordinate the discussions to talk about the land use issues to be
included in the Management Plan. All board members will be invited
to participate.
Ben: The City of Soldotna and KRSI will be getting together in the
next few weeks to talk about Phase 3 of the fish walk. The concept
is that a trail will meander away from the river and back to the
river for a board walk on the next 400ft . He hopes to have the
design done by February, then seek the permits, followed by bid
work in March, in order to get on line with the next segment. So
far the fish walk that is in place includes a 72 feet and a 250
feet section that has cost $137,000 raised from the Kenai River
Classic.
Ben also said that Dennis Randa has been working on a water quality
study. It is still in an ongoing developmental stage and funding
is not completely secured. Ben stated that Dennis plans to find a
graduate student to run the project.
Robin: It was great having the public presence at this meeting.
Chris: 4 board members seats expired on January 2. (Pat, Jim A.,
Ben, and Peggy) The Governor's Boards and Commissions office has
asked us to go ahead with recruitment to follow the process in our
By-Laws for submitting names. Chris said she was informed that the
Commissioner has requested that Pat, Jim, Peggy and Ben were all
requested by the Commissioner to re-apply.
Brannon: Asked if this whole board is to be part of the LS85A
- group or will it be a subcommittee of this group. Jim A. said he
understood that the invitation was for all members to participate.
Ken: The City of Soldotna is planning bank restoration and habitat
work at Centennial Campground with EVOS money. Thanked Walt Arthur
for the survey.
Jack: The City of Kenai is half way through the Kenai Beach Dunes
Project, (north side of the mouth of the Kenai River) and hopefully
by summer it will be completed. Also in the past, there have been
some preliminary talks of the possibility of swapping or selling
2,000 acres of wetlands at the mouth of the Kenai River. He's
interested in continuing this discussion.
B. Date/Agenda of Next Meeting. Feb 13, 1997 at the Cook
Inlet Aquaculture Association Building. 1/30 teleconference meeting
at the Kenai River Center, 7:OOpm.
13b
Memorandum
Date: 02/13/97
To: The Planning & Zoning Commission
From: Marilyn Kebschull, Administrative Assistant''
RE: AIRPORT MASTER PLAN PUBLIC INFORMATION MEETING
MARCH 13, 1997 @ 7 P.M.
A public information meeting regarding the Airport Master Plan will be held during
the regularly scheduled Airport Commission meeting on March 13, 1997 at 7 p.m.
Aries will provide information on the progress of the Master Plan and report on
changes. The Airport Manager and Airport Commission would like to invite the
Planning and Zoning Commission to this meeting.
/mk
~~~ ~ ~~~
~ ~ ~ ~1
~r A 2-19-97
d~ r+~ A
To: Kenai City Council rti ~:. fir~v
~~. ~~
From: Brian and Lisa Gabriel
2550 Watergate Way
Kenai, Ak. 99611
Phone 283-4519
Re: Variance for Steve and Lucie~Stanton
Council Members,
We have recieved and reviewed the application for a variance submitted by Steve
and Lucy Stanton and would not object to an approval of this variance.
Brian Gabriel
.~~~~
Lisa Gabriel
SIGN IN SHEET
PUBLIC HEARING-- ~ ,~- , 19
I
NAME ,ADDRESS
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