HomeMy WebLinkAbout1998-06-24 p&z packetCITY OF KENAI
PLANNING AND ZONING COMMISSION
.AGENDA
KENAI CITY COUNCIL CHAMBERS
June 24, 1998 - 7:00 p.m.
http: //www.Kenai. net/city
1. ROLL CALL:
2. APPROVAL OF AGENDA:
3. APPROVAL OF MINUTES: June 10,1998
4. PERSONS PRESENT SCHEDULED TO BE HEARD:
5. CONSIDERATION OF PLATS:
6. PUBLIC HEARINGS:
a. PZ98-28-An application to amend Conditional Use Permit PZ95-30 to include a crushing plant
and an asphalt plant for the property described as Tract 6, Horseshoe End at River Bend
Subdivision (approximately 2113 Beaver Loop Road). The original permit (PZ95-30) was issued
for Extraction of Natural Resources. Application submitted by foster Construction, P.O. Box
303, Soldotna, Alaska. Continued from June 10, 1998.
7. NEW BUSINESS:
a. PZ98-30-A resolution of the Kenai Planning and Zoning Commission recommending that the
Kenai City Council approve the Historic Preservation Plan for the City of Kenai.
8. OLD BUSINESS:
9. CODE ENFORCEMENT ITEMS:
a. PZ98-08-Variance Permit (Oversize Sign~One Stop Grocery
10. REPORTS:
a. City Council
b. Borough Planning
c. Administration
11. PERSONS PRESENT NOT SCHEDULED:
12. INFORMATION ITEMS:
a. State of Alaska 2000-2002 Statewide Transportation Improvement Plan (STIP) Evaluation
Criteria
b. Kenai Peninsula Borough Trail Plan & Preliminary Needs List
13. COMMISSION COMMENTS & QUESTIONS:
14. ADJOURNMENT:
CITY OF KENAI
PLANNING AND ZONING COMMISSION
June 10, 1998 - ?:00 p.m.
Chairman: Carl Glick
*** MINUTES ***
1. ROLL CALL:
Carl Glick called the meeting to order at 7:00 p.m.
Members Present: Carl Glick, Phil Bryson, Teresa Werner-Quade, Ron Goecke,
Barb Nord, Karen Mahurin, Art Graveley
Others Present: City Engineer Jack LaShot, Building Official Bob Springer,
Administrative Assistant Jan Taylor, Contract Secretary
Barb Roper, Councilman Hal Smalley (arrived at 7:20)
2. APPROVAL OF AGENDA:
GOECKE MOVED TO APPROVE THE AGENDA AND ASKED FOR
UNANIMOUS CONSENT. MOTION SECONDED BY MAHURIN.
AGENDA WAS APPROVED AS PRESENTED.
3. APPROVAL OF MINUTES: -May 27, 1998
WERNER-QUADE MOVED TO APPROVE THE MINUTES OF MAY 2?, 1998
AND ASKED FOR UNANIMOUS CONSENT. SECONDED BY GOECKE.
MINUTES OF MAY 27, 1998 WERE APPROVED BY UNANIMOUS CONSENT.
4. PERSONS SCHEDULED TO BE HEARD: None
5. CONSIDERATION OF PLATS: -None
6. PUBLIC HEARINGS:
a. PZ98-21 - Aa application for a variance for an oversize sign with
lightiag to the property described at Lot 4, Block 1, Parks
Subdivision (102 Highbush Lane), Kenai, Alaska. Application
submitted by Bill Bradley Zubeck, 7983 Kenai Spur Highway, Kenai,
Alaska. Item postponed from May 27, 1998 meeting.
NORD MOVED TO APPROVE PZ98-21. MOTION SECONDED BY
GRAVELY.
No public hearing.
BRYSON MOVED TO AMEND THE MOTION TO REFLECT THE TYPE
AND SIZE OF THE SIGN WHICH IS 24 SQ. FT. FROM THE ORIGINAL
32 SQ. FT. MOTION SECONDED BY GRAVELY.
Vote -Amendment
BRYSON yes
GOECKE Yes
MAHURIN No
GLICK yes
Motion passed.
WERNER-QUADE yes
NORD Yes
GRAVELY Yes
BRYSON MOVED TO SEGREGATE THE ISSUE INTO TWO ITEMS,
THE FIRST THE OVERSIZE SIGN AND THE SECOND THE LIGHTING
OF THE SIGN. MOTION SECONDED BY GOECKE.
Vote -Segregation
WERNER-QUADE Yes GOECKE Yes
NORD Yes MAHURIN No
GRAVELY Yes BRYSON Yes
GLICK yes
Motion passed.
Glick requested the size of the sign, which is 24 sq. ft., be discussed
first.
Mahurin stated she wanted to once again express the same concerns
she had the last time this issue was discussed. The sign is substantially
larger than what the Ordinance permits. Mahurin continued, the intent
of a home occupation is a more quiet, innoxious business in a home and
she cannot, in good conscious, agree to a variance of this type. Mahurin
reported she will also be voting against the lighting should the request
pass.
Goecke reported he had no problem with the size of the sign but he has
with the lighting.
Glick announced for the record that a letter opposing the sign was
received from John Wise who resides in Anchorage.
BRYSON MOVED TO AMEND THE MOTION TO INCLUDE A LIMIT OF
TWO YEARS ON THE SIGN. MOTION SECONDED BY GOECKE.
Planning 8v Zoning Commission
June 10, 1998
Page 2
~ Bryson explained his reason for the amendment was he would like to
give the sign situation a chance and he didn't feel one season would
reflect the ability to create another building with the same marketability.
Bryson continued, the two year period of time will allow ample time for
evaluation and, if unacceptable, the neighbors would have time to
respond.
Vote -Amendment
GOECKE Yes NORD No
MAHURIN No GRAVELY Yes
BRYSON Yes WERNER-QUADE Yes
GLICK Yes
Five Yes, 2 No, Motion passed.
Vote -Main Motion
NORD Yes MAHURIN No
GRAVELY Yes BRYSON Yes
WERNER-QUADE Yes GOECKE Yes
GLICK Yes
Six Yes, 1 No, Motion passed.
Glick requested discussion on the lighting of the sign.
Goecke reiterated that he will vote against the lighting of the sign as he
doesn't believe the Commission should get into a lighted sign situation
for the type of business in a residential area.
Werner-Quade stated the Code states that no lighting is permitted on
any sign. Werner-Quade thought that allowing the oversize sign was
fine but she agrees with Goecke that a lit sign is taking it to far in a
residential zone.
Vote -Lighting
MAHURIN No GRAVELY No
BRYSON No WERNER-QUADE No
GOECKE No NORD No
GLICK No
Motion failed.
Glick reported the 24 sq. ft. sign will be allowed for two years and it shall not
Planning & Zoning Commission
June 10, 1998
Page 3
be lighted.
b. P298-26 - An application for a Variance Permit for Principle
Structures for the property known as Lot 1, Block 10, Valhalla
Heights Subdivision, Kenai, Alaska (310 Phillips Way). Application
submitted by Katherine Godek, 310 Phillips Way, Kenai, Alaska.
MAHURIN MOVED TO APPROVE PZ98-26. MOTION SECONDED BY
GOECKE.
Katherine Godek, 310 Phillips, Kenai, Alaska stated she was available
to answer any questions regarding her application.
Titana Wilson, 325 Phillips Way, Kenai, Alaska stated her main
concern was when she purchased her home, located across from Godek,
she also purchased another lot adjacent to her home. Wilson continued,
she maintains and pays property tax on this lot so she has the option of
building a second residence in the event she ever needs to have her
relatives live there or for future things she may need. Wilson also stated
that she feels Mr. and Mrs. Douglas should seek alternative living
arrangements due to their age and medical conditions. Wilson didn't
think it would be in their best interest to reside in a garage when there
are a lot of places available to assist elderly people in finding housing
and adequate places for them to stay. Wilson sympathized with the
situation Godek is in but she has a problem with allowing people to live
in garages.
Pat Knowles, Kenai, Alaska reported she is building at 320 Phillips
Way and it is her opinion that the lot Godek has is too small and is not
zoned for a two family dwelling. .Knowles continued, the neighborhood
isn't fully developed at this time and if an exception is made now then
two-family dwellings will be built on lots that are too small to
accommodate the structures.
Public Hearing closed.
Springer added that if the structure was attached to the house Godek
would not have to apply for a variance.
Gravely asked if DEC got involved with the limits. LaShot replied, DEC
doesn't get involved in such situations.
Mahurin stated this was a very difficult issue for her because if this
came before the Commission before the structure was remodeled she
would have said no based on the neighbors opposition. Mahurin did not
feel it was her place to judge health conditions of people and where they
Planning & Zoning Commission
June 10, 1998
Page 4
live. Mahurin reiterated giving forgiveness instead of permission on
things such as variances, condition use permits, etc., is difficult but
Springer gave an answer to the problem. Mahurin shares the feelings of
the neighbors so will have to vote No.
Smalley arrived at 7:20 p.m.
Goecke asked if it would within the scope of the variance to have the
structures attached in order to be considered one structure. Springer
confirmed that was correct. Discussion took place on the exact distance
between the house and garage and Springer stated the distance was not
measured but he thought it could be as much as 15 to 20 feet.
Goecke asked if the variance is granted if the Commission could request
the structures be reverted back to their original use once the parents
were no longer residing there. LaShot replied, there was a similar
situation in Woodland Subdivision and restrictions were put on the
variance with regard to not allowing the unit to become a rental.
Mahurin remembered the variance in Woodland Subdivision but thought
the structure was attached. Mahurin agreed with Goecke that perhaps
the structures could be attached in order to be in compliance. LaShot
reported the Woodland Subdivision structure was detached.
Bryson stated he was less apprehensive about the request as it is
virtually the situation he grew up in except the kids were in the garage.
It was much later that the structures were connected by a breeze-way.
This was not an objectionable situation since there is an extended family
living there.
Werner-Quade agreed with Bryson and stated that sometimes things
just come to you that you have to deal with and it could be when your
children come back to live with you or it might be that your parents have
to come live with you. Werner-Quade was very sympathetic to the
situation and is in favor of allowing the variance.
Nord stated for the record that she to sympathizes with the situation and
will vote in favor of the variance.
Goecke stated that he hoped no one took him wrong as he is not going to
vote against it but he was just trying to find a way to make it a little
more palatable for everybody concerned.
Nord reported that she is not opposed to placing conditions on the
variance request if staff agrees that they should be placed.
Planning & Zoning Commission
June 10, 1998
Page 5
NORD MOVED TO AMEND THE MOTION TO LIMIT THE RESIDENTS
OF THE GARAGE AND THAT UPON THEIR MOVING OUT THE
PROPERTY WILL NOT BE RENTED. GOECKE SECONDED THE
MOTION.
Werner-Quade stated she is not in favor of the amendment because it
limits it to the people who are currently in the garage. If they passed on
and another family member wanted to reside there, they could not.
Mahurin stated in the spirit of consensus building she will support the
amendment and hope that her not supporting it certainly was not taken
as not being sympathetic and understanding having been in those
shoes. Mahurin continued, she has reservations but she understands
how it came about.
Bryson stated he was aware of the cost involved with creating the living
situation and it should not be wasted so he will vote against the
amendment.
Goecke stated he understands what Bryson stated, however, this is also
an after the fact variance request.
Nord asked, for clarification purposes, if there was anything that would
prevent the applicant from coming in for a new variance at a later time.
LaShot answered, he didn't think so, the applicant could come back if
necessary.
Vote -Amendment
GRAVELY No BRYSON No
WERNER-QUADE No GOECKE yes
NORD Yes MAHURIN Yes
GLICK Yes
4 Yes, 3 No, Motion passed.
Glick noted that if the main motion is approved the variance is limited to
the people who are in it and after they leave the structure cannot be
rented.
Vote -Main Motion
BRYSON Yes
GOECKE Yes
MAHURIN Yes
LICK WERNER-QUADE Yes
NORD Yes
GRAVELY Yes
Yes
Planning & Zoning Commission
June 10, 1998
Page 6
Motion passed unanimously.
c. PZ98-27 - An application for a Variance Permit for Side Yard
Setbacks for the property described at Lot 6, Block. 5, Inlet View
Subdivision (312 Rogers Road), Kenai, Alaska. Application
submitted by George O'Guinn, HAPCO Construction, P.O. Box 1501
Soldotna, Alaska.
GOECKE MOVED TO APPROVE PZ98-27. MOTION SECONDED BY
GRAVELY.
Dennis Gifford, 1620 Tanaga, Kenai, Alaska stated he is the owner of
the property. Gifford noted he originally asked for a side yard setback
that was modified to a 15/5 by the Commission and it was appreciated,
however, he had to withdraw due to some opposition from the neighbor
adjacent to him. After trying different house designs they came up with
one which would require 6 inches on either side. Gifford noted he had a
conversation with the person immediately adjacent and he doesn't have
a problem with it.
Bryson asked if Gifford had talked to the individuals on both sides.
Gifford confirmed that both were notified and neither have problems.
Public Hearing closed.
Staff had nothing additional.
Bryson asked if staff had received any objections through phone calls or
the mail. LaShot replied, they have not.
Vote
WERNER-QUADE Yes GOECKE Yes
NORD Yes MAHURIN Yes
GRAVELY Yes BRYSON Yes
GLICK ye8
Motion passed unanimously.
Planning & Zoning Commission
June 10, 1998
Page 7
d. PZ98-28 - An application to amend Conditional Use Permit PZ95-30
to include a crushing plant and an asphalt plant for the property
described as Tract 6, Horseshoe End at River Bend Subdivision
(approximately 2113 Beaver Loop Road). The original permit (PZ95-
30) was issued for Extraction of Natural Resources. Application
submitted by Foster Construction, P.O. Box 303, Soldotna, Alaska.
GRAVELY MOVED TO APPROVE PZ98-28. MOTION SECONDED BY
GOECKE.
Glick asked that public testimony be kept to 3 minutes.
Verbatim Begins
Chris Garcia, P.O. Box 203, Kenai, Alaska; residence is 2528 Beaver
Loop Road, Kenai, Alaska - I am deathly opposed to this application.
That area does not need a crusher plant making noise and it does not
need an asphalt plant around there to ruin our neighborhood. I mean,
I... I realize people need to make a living but I also, in some of this
information Ike got about this particular thing, the permit says that its
to be... the gravel pit to be operated from 7 to 7, for the last two years
they've run 24 hours a day and Beaver Loop wasn't designed for that
heavy hauling. The road is a mess now. There's always been gravel pits
on Beaver Loop and there's always been hauling, but that road is
absolutely tore up and it's a mess and if we add more weight and more
garbage to that road it's just going to get worse, and I am absolutely
opposed to having that asphalt plant in. I... I don't know what else I can
say about it. I would like to ask that Council, I've received this letter
yesterday from Sue Wright. Did you guys receive a copy of this?
Glick: We have some letters from Sue Wright, I don't know if it's the
same one you have but...
Garcia: Well I assume we probably did, if its... I just wan... cause... in
the letter she stated she couldn't be here and if you guys hadn't received
it I was going to read it... but ah.... I don't know how I can be anymore
strenuous about that I am absolutely 199 percent opposed to it. Well,
thank you for your time.
Glick: Thank you, anyone else in the public wishing to speak.
Lloyd Richardson, 495 Dolchok, Kenai, Alaska just off of Beaver Loop.
I oppose the construction of the asphalt plant and the rock crusher due
to the noise, the heavy traffic and in support of the gentlemen before me,
the road was not designed for it and has been trashed over the last two
Planning & Zoning Commission
June 10, 1998
Page 8
years. Ah... in addition to that there is a lot of young families that have
moved in that area, a lot of bicycle traffic, kids wanting to ride up and
down the road and with trucks cruising up and down there at 45,
throwing rocks off the side, it's just an increased hazard and... an
additional concern that should be considered is a potential
environmental affect it would have on the river if there was a breech of
some contaminate that could go right through the gravel into the river.
Thank you.
Jim Krein, 365 Dolchok Lane, Kenai, Alaska I am also opposed to this
ah... for the reasons stated here ah... one touched on ah... by Lloyd there
was contamination to the river. I'm also concerned about the ground
water there. Ah... previous pits that have been dug there the ground
water level is at such a state that it is ah... above the ah... line that
they'be ah... excavated to at the present time. Everybody over there, as
you well know, is on ah... a well situation. If that ground water gets
contaminated, what are those folks going to do and if it does, I would
assume Foster would be liable for that. Are they able to withstand ah...
the liability for that situation? Has there been any thought of
monitoring the wells or air quality concerns with the plant? Ah... the
product they're using of course is the bottom end of the crude oil ah...
screen, I'm sure there are some ah... contaminates there that are known
carcinogens so I'm really concerned about this thing getting into the air
and the water in that area along with the lower portion of the river which
washes through there both upstream and downstream. Thank you.
Jeff Kohler, 4350 Beaver Loop Road, Kenai, Alaska I've been there for
about 16 years and over those years I've seen the neighborhood really
improve, a lot of nice homes, young families coming in. Ah... I am very
concerned over the last few years the truck traffic is becoming
increasingly worse. Ah... additional sale of asphalt products and
crushed products out of those pits is going to increase that even more.
It's a narrow road, young families, lots of kids up and down it, ah... it's
just unacceptable to increase the industrial use in that area now. It's
turning into a neighborhood, it's not just a rural road anymore, it is truly
a neighborhood. I spent the last two hours racing up and down the road
letting people know who weren't aware of this and ah... quite a few of
them are showing up. I hope that in the future when these kinds of
issues are considered, especially something with the gravity of ah... of
ah... asphalt plant and a crusher going in to an area like that, there's
better publicity in getting the word out to those affected beyond just
the... the 300 feet. Ah... again, I'm, I echo the sentiments of everybody
who's spoke up here and I'm really trying to keep the integrity of ah... of
ah nice developing neighborhood together. Those trucks going through
and the... and the... odors and the problems associated with those
plants, I just hate to see it. Thank you.
Planning 8~ Zoning Commission
June 10, 1998
Page 9
Chuck Tomlinson, 555 Dolchok Lane, Kenai, Alaska and I oppose the
ah... plant for a couple reasons. Ah... the first reason is ah... usually
plants of this nature will put out odors. I have worked in a refinery and
plants of this nature and they do generate a lot heat to... make the ah...
liq... the asphalt into liquid stage and there are certain hazards
associated with that and particularly in a residential neighborhood and
I've been in this neighborhood for approximately 2 years and if
everything works right I should retire next year. I would like my
property values to be remained to a certain level that I can cover my
initial investment at least and if you put this kind of plant into a ah...
neighborhood, substantial degradation of the property value might
occur. So, the other part about it is that ah... rock crushing usually
associates with a certain amount of dust association and... at this point
we really don't know what the environmental controls are going to be
applied to this plant. So, all our concerns would be environmental
issues, the smell, the dust, and so forth. Thank you.
John Coston, 470 Dolchok Avenue, Kenai, Alaska I express the same
opinion as everybody else who spoke, I'm opposed to this ah... this pit
and asphalt plant. The road, as everybody knows, is fairly narrow and
Ike had ah... two broken windshields as a result of rocks ah... from
overloaded trucks. The other thing I've notice is that my water quality is
ah... gone downhill since I've moved into that neighborhood and I don't
have anything else but other than I'm opposed to that ah... pit.
Victor Hett, 1507 Barabara Drive, Kenai, Alaska -
Glick: Sir, we need you to be signing that sheet there to...
Hett: Okay,
Glick: If those of you that spoke before would do that after the public
hearing I would appreciate it.
Victor Hett, 1507 Barabara Drive, Kenai, Alaska and I'm on Horseshoe
end, Lot #23 which puts me a half a mile from this crusher they want to
put in and asphalt plant and I'm... as the others, are very extremely
opposed to it. I have several concerns. One is the water pollution since
I'm just about directly down the water table from that ah... gravel pit
area... and a well of course. I'm more concerned about the water table. If
they start using a lot of water for this project. I'm more concerned about
the river pollution since that would be right up the river if anything gets
spilled. Traffic, of course, as mentioned is a very bad problem. I just
retired last year and I have a very unique place, it's very quiet and I
enjoy sitting there by the river watching the birds and... peace and quiet
and now if this happens I'm going to sit there and listen to the gravel
Planning & Zoning Commission
June 10, 1998
Page 10
crush. I don't think I want to do that. Um... there as another gentlemen
stated, my house is completely paid for and I would like to think the
property value would increase but if this goes I'm... no doubt in my mind
it would decrease and I don't know who is going to compensate me for
that. I'm a little concerned about any vibrations because I live on a very
delicate river bank that at this moment is going into the river and I don't
think it could handle the vibration from that plus the traffic vibrating on
the road with those heavy trucks. Um... and I just... completely reject
the idea of any gravel pit ah... crushers or asphalt plants. Thank you.
Glick: Thank you.
Pat Weller, 1540 Beaver Loop Road, Kenai, Alaska -just right down
the street from the gravel pit and environmental issues are really ah...
has got me is ah... if you know the layout there at Beaver Loop there is a
bunch ah... fresh water little streams that come all the way across there,
gravel pits have akeady wiped out one already, they all go down there
feed the flats, it's basically right there at the flats. Caribou go through
there, owls, eagles, wolves, all kinds of wildlife, this is one of the
prettiest parts about Kenai is the flats and ah... people go down there
and they have that ah... bird watching deal there... and I don't think
anybody's going to want to stand down there looking at birds, smelling a
plant. That's basically all I got to say. Thanks.
Glick: Thank you.
Gordon Gifford, 1509 Barabara Drive, Kenai, Alaska - I am also
opposed to as all the previous speakers are to this, and as Mr. Hett said,
I live right on the bank, it's delicate. Ah... the horsepower on the boats,
the reducing of that did help. I'm afraid the vibration from the crusher is
going be detrimental to it. I am also just retired and it's paid for and I
hate to lose that investment. Beaver Loop can't stand more traffic, it's
already over-used, in my opinion, over-weighted and I agree with all the
other speakers, we don't need this in our neighborhood. Thank you.
Glick: Thank you.
Bunny Swan-Gease, 4257 Beaver Loop Road, Kenai, Alaska - I too am
opposed 100% to this construction. Ah... asphalt... ah... plant. I believe
that it is extremely detrimental to the environment especially of river and
ah... um... place ah... the Kenai and most certainly to be looked after
and respected. Um... Foster Construction has done some very nice work
for me with ah... landscaping and I appreciate that, however, (laugh)
there has got to be some other place where it wouldn't be such an issue.
I too have lost ah... a very young dog last season ah... with one of the big
trucks and they are not the best and the most careful ah... drivers
Planning & Zoning Commission
June 10, 1998
Page 11
' (laugh) they have a tendency to speed and there are many, many
children on that road. Ah... thank you.
Glick: Thank you.
Nolan T. Compton, 2785 Beaver Loop Road, Kenai, Alaska - I live
approximately four tenths of a mile from the proposed asphalt plant. I
find it very objectionable as everyone has this evening. Ah... Beaver
Loop is known for its tranquility. We have tourists that visit up and
down Beaver Loop every summer. Cunningham Park is located in that
area. There's been a lot of hope and ideas for the Beaver Loop area to
stay as a residential area, not to have this type of development occur in
the area. Ah... I feel that the idea of a asphalt plant ah... gravel pit
crushing plant can lead to quite a few areas of problems such as, which
everyone has mentioned tonight, river pollution, odor, and air problems,
noise, ground water, traffic, fire protection, property values, just a whole
mirid of ideas of what Beaver Loop doesn't really represent, it is a rural
area, it is something that's not really for this type of development. It's
had gravel pits for years, I think everyone that lived there is pretty
understanding of gravel pits. I think the development of an asphalt plant
is something that everyone finds very objectionable. AH... especially
hours of operation, ah... it is one of the quieter areas in the City here
and ah...there has been many times in the past where operating a ve... a
heavy trucks has run a lot longer than the 7 to 7 hours that were there,
you know, I just find it terribly objectionable to have this type of
construction going on in our neighborhood.
Glick: Thank you.
Dave Knudsen, 4460 Beaver Loop Road, Kenai, Alaska - I have
concerns about the ah... similar concerns... the environment pollution
um... traffic on the road and thank you.
Glick: Sign in please.
Knudsen: Can I do it later?
Glick: As long as you do it. Anybody else wishing to speak.
Jennifer Richardson, 495 Dolchok, Kenai, Alaska - Um... I live just
off Beaver Loop and my concerns um... are... are similar to all those that
were already heard. The... the traffic has been really heavy, there are...
already two or three um... gravel pits in the area and the hours of
operation have been pretty much around the clock and they don't have
covers on... on these trucks and they tend to overload them anyway and
so there's rocks along the road and... and... and debris that's dropped on
Planning 8v Zoning Commission
June 10, 1998
Page 12
~, the um... the trucks as they leave out of these plants and um.... and
! they do throw rocks at the people trying to ride bicycles... there is not a
bicycle lane or any kind of ah... shoulder on this road and the road has
been damaged ah... significantly over the last couple of years. I also am
opposed to the noise and the environmental ah... impact of this
proposal. Thank you.
Glick: Thank you, anyone else wishing to speak?
Bud Lofstedt, P.O. Box 1616, Kenai, Alaska - I live on Beaver Loop
and I'm at P.O. Box 1616, Kenai, I too am opposed and I can't add much
to it other than um... I hate to get up against the Fosters because they,
they're ah... wonderful family of Kenai but I go.... I would... I can't add
much to ah... what everybody else said but I would be opposed to it.
Glick: Thank you.
Curt Wilcox, 3329 Beaver Loop Road, Kenai, Alaska - I'm also
opposed to this project. I see that the originally ah... got a conditional
use permit for the extraction of natural resources. Now if a ah... crusher
and bash plant is ah... quantum leap from the their main ah... permit
use. Ah... I'm opposed to the noise, it's acoustically ah... good at Beaver
Loop, I can hear ah... a lot of ah... I could hear the race track when it
revs up and I just know that this crusher is not good for our community.
And I see on this map here (pointed out areas on the map behind the
podium) that... you would have to zone this, I think, heavy industrial
and ah... that would be an orange spot somewhere in here and I say if
ah... if you want to do that why don't we put orange spots all over here
and ah... if we let people have their way and ah... go ahead and do what
they want to do. Now Beaver Loop is a nice place to raise a family ah... it
wasn't even a week ago a gravel truck went off the road right in front of
my house and ah... I don't know why, it just tilted over 45 degrees ah...
accidents happen.
Glick: Thank you.
Ted Knight, 1506 Rose Lane, Kenai, Alaska - I live just across from
where they got this ah... plant is to be put and I couldn't put anything
more that my neighbors have already said that I could say anything to it
but I sure oppose it. Thank you for....
Glick: Thank you, anyone else in the audience wishing to speak.
Don Moffis, 2241 Beaver Loop, Kenai, Alaska - I live directly in front of
the pit in (illegible) house there. I just wonder if maybe there could be
an amendment put to this or something in the form of the... I'd hate to
Planning 8v Zoning Commission
June 10, 1998
Page 13
see them totally shut down but there might be a job come up and they
could set that plant up to do it on a job to job basis and it would be
feasible for everybody that way where you would just have... it will only
be used, you know, for that job. Just like the variance for when we did
the Spur Highway, they had a variance to run the truck for long periods
of time, they helped the community and I just thought I would bring that
up. I'm not real... I really don't want a asphalt plant right next my house
but I can live with it through a job, you know what I mean? Thank you.
Glick: Thank you.
Jack Foster, Kenai, Alaska - well I hope I can make it out of here alive
tonight. I'm Jack Foster (laugh) and ah... I think there is a
misconception about an asphalt plant. This particular asphalt plant, I
just moved it last week from downtown Wasilla and I have probably a 50
page ah... permit that DEC has... has ah... approved this particular plant
for clean air and clean water, so you know, I... I don't see that ah...
environmental hazard. Now I don't live in the area, I work in the area
and ah... I can understand and appreciate how you feel. The last thing I
want to do is make a whole town full of enemies. I've done a lot of work
for each and every one of you, but not everyone of you, but a lot of ya
and I... I appreciate the work. And my intention to put this asphalt
plant, is like Don mentioned, was more of a job, just to be able to do it,
have it... have it there for say the... the Bridge Access Road, when that's
gotta be repaved or maybe ah... Forest Drive or Redoubt, or maybe...
maybe somebody else's own personal driveway that they normally paying
a $1.75 a square foot maybe they can get it for a buck or a buck and
quarter or a buck and a half or something depending on the driveway.
That... that was my intention and ah... you know there was ah... there
was a piece of paper passed around here by ah... ah Sue Wright and I
got to answer some of these questions. You know one...one... number
one item was the safety factor and ah...and I have a permit and that
permit is number A00175-179, saying that this thing will not hamper
the environment, ah... asphalt will, in particular, you know, when it
dries it becomes very hard so if there is a spill it does not mix with the...
with the...gravel and... and...ah... so on and so anyway, it... it... the
Department of Environmental Conservation, which is pretty tough, has
not got a problem with this. Ah... as far as Beaver Loop Road not being
designed for heavy loads, it... the Department of Transportation owns
that road and maintains that road and they have an axle weight and as
far as trucks, when we did the Spur Highway, being overweight, it didn't
happen, it can't happen because if it is overweight we don't get paid for
that load of gravel, that's the way the computer is set up at the scale
house. The State does not pay for that load of gravel if you are one
pound over, they won't pay for the whole load, not just that pound but
the whole load and so, you know, the trucks were not, and... and.. , as
Planning & Zoning Commission
June 10, 1998
Page 14
far as, you know, I heard a comment in here and I just got a few
1 arguments here is all, I heard a comment that.... that we've been
working around the clock out of the pit, I haven't even been in that pit,
well this year Ibe... I've been in it for ah... an hour here and an hour
there in the middle of the day, but it's been closed for two years so you
know, if there's... if there's a lot going on in the area it's not coming from
ah... the river bend pit and I think the neighbors can pretty well vouch
for that, the gates been closed on the pit, and that's it.
As far as truck traffic, again, you know when we did the Spur Highway
we did not get one single ticket that I'm aware of, any of the drivers, not
one speeding ticket, we didn't get any overweight tickets, we didn't have
any complaints from... from... from the City police, we didn't have any
complaints from the Department of Transportation, so, you know, we
tried to run a clean show there, and um... and... and... you know we do
so on... on each and every job we do. Ah... I guess... let me read... let me
read a couple of notes that I made for myself, these were just answering
some of Sue's problems, you know, and... and what... what really offends
me about... about some of the comments there... was the fact that... that
she ah...accused me of...of...of doing exactly what she's doing right now
and that is sell a piece of her property for ah... to create a gravel pit. So
there's one going on and I'm... I'm letting ah... the gentlemen that's
mining and gravel go in my gate and that might be the action you see on
my pit, it's... it's from Sue Wright's piece of property because they gain
access through my gate so that they didn't have to clear a bunch of trees
and get involved in the water table problems with... with.., over there
so... you know, Ike... I've... I've allowed... I've allowed them free access to
my gate and in... in... in... what... and then they are using the road
which she claims is unsafe, that's the road they're using to get in and
out of there. Now when I had that pit set up with DOT, I would go in
that gate because I could get off the highway quick, that was my
entrance to the pit, I'd come out by Mr. Doyle's pit because that's a nice
straight edge right there, nice straight road, so there's pretty good
visibility, still... still not the best but alright.
That asphalt plant will never be... in fact you will never see that pit as
busy as what it was in 197... 19..96 and 97 during that Spur Highway,
that... it...it...for an asphalt pit that... that business going to be hit and
miss. We're going to batch up 80 ton in the silo, one... that's a half an
hour worth of running, maybe an hour, and that will last all day long on
driveways. Now if you had something like the Spur Highway or Bridge
Access, then... then, you know, that's a weeks worth of running and
then the plants idle, so it's not like the things going to be running day in
and day out, so ah... another thing we didn't have on that Spur Highway
job, which we moved 700,000 tons out of the pit, in fact that's with
contract, we ended up exceeding that amount by ah... probably 20%, so
Planning & Zoning Commission
June 10, 1998
Page 15
~l ah... we moved close to 100,000 tons out of that pit and... and we had
not one automobile accident or truck accident, or pedestrian accident,
and never... we... we... might hit a dog... I... I didn't hear about that and
I...forgive... it's not funny, I don't mean to make joke of that because that
no... no... caribou, no moose, no wildlife, like that, and, last thing is if
there was some serious problems that come about then the City could
revoke my conditional use permit and ah... or at least I'd put down here,
tried to get a little humor, or at least invite me to another one of these
meetings, and that happens to end up in this.... so... with that, thank
you very much.
Mike Blair, 1445 Angler Drive, Kenai, Alaska - I have a place on
Angler Drive and I'm a little bit outside the immediate 300 foot area but I
consider myself to be an interested party. In relation to this project and
this idea, I'm adamantly opposed against it. I've had the opportunity to
operate crushing operations, batch plants at Shemya, King Salmon,
Galena, Elmendorf and Anchorage, and they are all ripe with problems.
They're noisy, they're dusty, they're smoky, the EPA and DEC permits
cover opacity, which is your particulate conditions, there is nothing for
odor. I think the critical aspects of what Mr. Foster bought up this
afternoon, he works it, he works in this pit, he doesn't live in the
neighborhood. The people that came up today do, and that's what we...
you should listen to.
Glick: Thank you. Anyone else in the audience wishing to speak to the
item?
Donna Tomlinson, 555 Dolchok, Kenai, Alaska - I'm highly opposed to
this asphalt plant. I didn't buy my house to live near an asphalt plant.
Mr. Foster said he didn't live near... didn't want to live... or did not live
near the asphalt plant, let him... there's a house being constructed
across from...road from me right now. Do you think those people signed
that...want...wanted apermit to build a house that's going to be near an
asphalt plant... does any of you want to be near an asphalt plant?
Beaver Loop is too small. You put children on bicycles up and down
that road, it's too small for that kind of traffic and... do we want a child
killed by a truck? I dodge those gravel every time I go up and down that
way. Those trucks do speed up and down there, maybe we haven't
enough police out there to find out if they, you know, speed up and
down there. I'm highly opposed to that.
Glick: Okay, thank you. Anyone else in the audience wishing to speak
to this item?
Chris Garcia, 2528 Beaver Loop Road, Kenai, Alaska - I didn't sign
and I have a couple comments to make.
Planning & Zoning Commission
June 10, 1998
Page 16
.l Glick: Let's see, I think you have a minute left on your three minutes.
Garcia: well, I don't think you're being too fussy about that tonight
anyway. One comment I would like to make, if Mr. Foster, and I'm not
opposed to him making a living, but who... I've.... I've bought stuff from
him myself but ah... he said that that plants been shut down for 2 years,
well last summer and the summer before I can guarantee you it ran 24
hours a day. Now, maybe he wasn't there, maybe he was gone
somewhere, but that plant...that pit was running and there was trucks
coming out of it and as far as I've made the comment about ah... the
weight going up and down Beaver Loop and I~1 agree with him. He might
not be over the legal limit but he stated they've hauled how many
hundred thousand tons out of there. Well that road wasn't designed to
have that steady weight on it every day, that's why the roads busted up.
It's not... his fault maybe that the road wasn't built better but all I'm
saying is we increase the heavy traffic on Beaver Loop it is just going to
wear that road out worse than it's already shot and I don't even know
exactly what his plans are if he's going to use the gravel in that pit to
run the crusher plant or he's going to haul gravel in from somewhere
else to make the asphalt, so if he was hauling it in, that would even
make the traffic that much heavier. So, I just can't express enough how
opposed I am to this particular project. Thank you very much.
Glick: Okay.
Phil Nash, 110 S. Willow, # 104, Kenai, Alaska - Mr. Chairman,
Commission Members, Madam Clerk, my name is Phil Nash and I don't
live there either, I'm a north roader but my law office is right across the
street over here at 110 S. Willow, # 104, and I represent Sue Wright, who
is in kind of an interesting situation. She is the beneficiary of the estate
of Waldo Coyle. She owns nothing, contrary to what you may have
heard about her selling some piece of property. She hasn't sold anything,
she doesn't have anything yet. She won't get anything until after the
taxes are paid and the administration is paid and all these things have
been happening since Waldo died in September 1991. My initial
comment relative to the application before you tonight, however, might
be that there's ah... at least a little minor flaw in the application and that
is it doesn't make any reference to the subdivision that's right there at
the corner of Barabara Drive and Beaver Loop Road, that one is called
ah... Ruby's Dazzling Scenic View Subdivision, Kenai Peninsula Borough
file number 94-012 as recorded in Kenai Recording District on March 3
of this year.
For those of you that have read your packet you probably recognize
there has been several communications back and forth between myself
and the City Attorney and other folks within the City and... and ah...all
Planning & Zoning Commission
June 10, 1998
Page 17
~) that ended this afternoon with a telephone call and I guess I must
apologize to you and to Mr. LaShot as I have akeady to the City Attorney,
Um... you see the problem Folks, is that I just did not understand what
that application said when it said this term competitive economic
situation and benefit to the local community. You see, I didn't
understand those and I figured that that probably meant that there was
some kind of a study that the insiders had that nobody was giving to me
and that's why I was making my request but today after talking to Mr.
Graves and... and... he faxed back a letter ah... making reference to my
ah... doing some kind injunction it appeared that nobody understood
what anybody else was talking about so I called him up and... and I said,
You know my... my reference to an injunction had to be to mandatory
injunction requiring you to give me that study that you must have.
There was none. So now I think I understand what the terms
competitive economic situation and the term benefit to the local
community that are included in that application really means. They
mean, MONEY, who gets the money. Will one individual be permitted to
amend a special use permit to expand a special use of land that's zoned
rural residential which is already contraindicated to what it's zoned for
so that he can make more money at the expense of those who own lots,
plans, houses, people who live in the community of residence. Now the
community of residence wasn't identified in that particular application.
Will that one individual be permitted to amend a special use permit
again to expand a special use of land zoned rural residential, which
again is contraindicated by the zoning itself so that he can make more
money at the expense of those who own subdivisions designed for rural
residential and those who have plans to...to make future subdivisions.
Now, how do we define what is a benefit to the local community when
the benefit to the local community may be in conflict with the benefit to
the community of residence. That community of residence is made up of
folks living in houses, with babies, with puppy dogs, with bicycles, and
now screaming rock crushers and smelly asphalts plants. Is that a
competitive economic situation or is that just more money in the hands
of one individual at the expense of the folks who live in that community
of residence and who own home sites located in the area zoned rural
residential? .
Now, Sue Wright presently lives on Lot 9 in Ruby Dazzling View, Scenic
View Subdivision. Lots 1 through 8 are currently for sale, have real
estate signs on them. If you walk down there and look at those lots and
walk on through them to the edge of this area that couple of the folks
talked about, the backside of those lots that overlooks what the State
apparently refers to as ah... caribou calving area or something of that
nature, and... and if you keep on looking you can look across the river,
you can look across the can.... canneries, you can look way up there at
that majestic snow-capped mountain. It may be perhaps the last truly
Planning 8v Zoning Commission
June 10, 1998
Page 18
l dazzling of the view lots inside the city limits of the City of Kenai and
those lots must be paid... and must be sold to pay the estate taxes, the
administrative expenses pending since September 1991 in order for the
sole beneficiary to even be able to continue living on the old homestead
house. But who is going to buy a building lot even if it has the most
majestic view available and even if overlooks a caribou calving area, if it
was located within a few hundred yards of a screaming rock crusher and
a smelly asphalt plant, EVEN if the land is zoned rural residential, which
is what this is. So, the question is right back where we started, who gets
the money? I would request that you look very carefully at the
Ordinance and match it up with the application. If you do, I submit that
the application does not comply with the Ordinance requirements, it
does not comply with the intent of the Ordinance, and it sure doesn't
comply with the theory of developing homes, families, babies, puppy
dogs, bicycle trails, and the stuff that makes up a rural residential and I
have, if I may, copies of the subdivision plat that was recorded in the
Kenai Peninsula Borough, I believe (illegible).
Glick: Okay, is there anyone else in the public wishing to speak?
Natalie Kohler, 4350 Beaver Loop Road, Kenai, Alaska -and Mr.
Foster I'm really sorry about that last (illegible) but I do oppose ah...
mostly for the traffic because when you have those big gravel trucks
which goes down the pit and honks their horns, but it was, it still made
it unavailable for my child to ride a bike. My main concern would be the
road is not designed for heavy traffic and for families that live on it.
Um... we can't have the extra, more traffic than we've already got. Thank
you.
Glick: Thank you. Anyone else in the public wishing to speak? Okay,
seeing none, bring it back to the Commissioners (public hearing closed
at 8:20 p.m.).
Verbatim Ends
Staff had nothing additional unless the Commission had specific
questions.
Bryson noted there was no submittal concerning the emissions of odor,
dust, noise, etc. Bryson asked staff if they've seen plant criteria that
addressed those issues. LaShot replied, the City doesn't have anything
to do with that as it is a DEC responsibility. Bryson thought it would
have been appropriate to include it with a variance request such as this.
Goecke asked if the criteria could be available at the next meeting.
LaShot answered, yes, if the Commission were to continue the hearing
Planning & Zoning Commission
June 10, 1998
Page 19
until the next meeting.
GOECKE MOVED TO TABLE THE HEARING UNTIL THE DEC
INFORMATION IS AVAILABLE.
Bryson stated, before seconding the Motion, that there may be other
comments that the Commission may want to make before the item is
seconded.
Bryson indicated he would like to find out if the applicant would be
willing to limit the use of the facility to the specific plant they purchased
and not make it a much larger facility. This could be addressed over the
next couple of weeks.
LaShot stated that if there were any other points which required
clarification the Commissioner's could contact him.
Werner-Quade stated that 20 people from the area was here and she
assumed that every one of them have a spouse, sister, or mother so that
would make 40 people opposed to the permit. Werner-Quade asked if
anyone thought that anything that DEC says would make a difference or
change the families minds about the gravel pit in their neighborhood
and rural residential area. Werner-Quade did not think so.
Mahurin pointed out a motion to table is not debatable and noted that
she was not comfortable with the proceedings with regard to
parliamentary procedure. Glick agreed but pointed out there was not a
second to the motion. Mahurin stated she understood that but there is
debate going on before a second was even made and that bothered her.
Goecke asked the applicant if tabling the issue for two weeks would
create any undue hardship. Foster replied, it would not.
BRYSON SECONDED THE MOTION.
Vote (Motion on table)
MAHURIN No GRAVELY No
BRYSON Yes WERNER-QUADE No
GOECKE Yes NORD Yes
GLICK yes
4 Yes, 3 No, Motion passed.
Glick clarified that PZ98-28 was tabled to the next Planning and Zoning
meeting where there could be another public hearing. The next meeting
Planning 8v Zoning Commission
June 10, 1998
Page 20
is scheduled for June 24, 1998. Glick continued, staff was asked for
some specific items.
A question was asked about whether public notice would again be
provided. LaShot confirmed that would happen and will include those
individuals in attendance.
Chris Garcia asked if public input regarding a variance was even
considered. Glick replied, he thought so. Garcia, from the floor,
expressed dissatisfaction with tabling the issue (illegible). Glick
reiterated the item was continued to the next meeting. Discussion took
place between members of the audience. Garcia loudly (from his chair)
stated it didn't make sense to have the members of the audience come
back to say the same thing. A lady stated they could bring more people.
Glick reminded those who did not sign in to do so.
Glick asked fora 5 minute break at 8:35 p.m. Meeting was called back to order at
8:40 p.m.
e. PZ98-29 - A resolution of the Planning and Zoning Commission of
the City of Kenai, Alaska, amending the Kenai Municipal Code at
14.20 Kenai Zoning Code, Development Requirements Table.
GRAVELY MOVED TO APPROVE PZ98-29. MOTION SECONDED BY
GOECKE.
Vesta Leigh, Kenai, Alaska asked what the Table was being amended
to. Glick replied, it's a Development Requirements Table that is being
amended. Leigh asked if it concerned the amount of square feet in a lot?
Springer answered, essentially the Development Requirements Table was
amended to provide better clarification, the requirements were not
lessened in any way and it is basically the same Table with better
clarification. Springer continued, side yard setbacks were also given
better clarification.
Leigh asked if the Table would specify lot square footage required for tri-
plexes rather than a duplex. Springer confirmed the Table does. Leigh
asked if that has already been decided? Springer stated the requirement
remains the same as it always was. After a brief discussion it was
confirmed that the new Table combines single, two-story and tri-plexes
on one line since the square footage of 20,000 is the same.
Leigh asked if the Table remained the same then it means that a tri-plex
can be built on a 20,000 sq. ft. lot. Springer answered, in some zones
that is correct. Leigh asked if that was correct for RR-1. Springer
Planning & Zoning Commission
June 10, 1998
Page 21
confirmed that was correct. Leigh stated that was not enough footage for
~ a tri-plex and would not be enough room when boats, motorcycles, pick
up trucks, a car, dogs, etc. Springer reiterated the Table requirement
remains the same as prior years. Leigh continued, tri-plexes just went
in there last year, it was just duplexes up until then. After another brief
discussion it was reiterated the Table did not change with regard to the
square footage required for tri-plexes. Leigh insisted that could not be
right and she opposed to having tri-plexes on 20,000 sq. ft. lots.
Glen McCollum, Sr., Kenai, Alaska -stated originally duplexes were on
RR-1 in the MAPS area and just before the Chumley deal the City had a
meeting and started to allow tri-plexes, that is the way he understands
it. McCollum continued, 2.5 acres and divided four ways would only
give 19,800 sq. ft., after taking 33-1/3 off for the right of way. A tri-plex
on 19,000 sq. ft. will be too small to hold 2 cars for every family or 6
cars, bicycles, a dog or two, and RV's. McCollum stated the Commission
had to go back and look at the requirement again because they are
trying to keep this from getting to be a ghetto. Townhouses were put in
the area and that woke everybody up to get on guard. It was agreed that
duplexes would be allowed and it only always said duplexes. McCollum
continued, it was last winter the Commission changed it, just before
Chumley come in. McCollum insisted he was not insinuating anything
but that's the way he remembers it and said the Commission better go
back and look at it. McCollum noted that he was speaking for another
group and they object to having tri-plexes.
Nolan Conklin, Beaver Loop, Kenai, Alaska asked if the change had
anything to do with the 1420 with the intent and application process for
conditional uses and if there were any changes in that coding. Glick
answered, no.
Public hearing closed.
Mahurin thought perhaps members of the audience were talking about
changes that were made in the Land Use Table which came first. The
Development Requirements Table came second. The change was made
with the Land Use Table which has already gone into place.
Nord noted the Development Requirements Table does not address
anything until it gets to four-plexes. It was also noted the change was
made on July 26, 1991 and it stated the minimum lot area in RR-1 zone
was 20,000 sq. ft.
Goecke stated that he especially like the last part of the Development
Requirements Table which addressed Administrative exemptions. Had
the Table been in effect the variance for the side yard setback would not
Planning & Zoning Commission
June 10, 1998
Page 22
have had to been heard at this meeting. Goecke continued, he would
still like to have staff provide Planning and Zoning with a record
whenever anything is administratively approved.
Bryson stated he understood that an item with administrative exception
would be on as a consent agenda subject to approval by the Planning
Commission. Bryson continued, that would be his preference.
Gravely highly recommended to staff that when a Table is going to be
changed and included in a packet that it have "Draft" written on it and
the correct date be on the bottom. Gravely noted the date on the
material included in this packet had the date of 7/26/91 and it leads to
a bit of confusion. Gravely continued, if the Table was included in the
packet as a draft with a copy of the original a lot of issues could be
clarified. One thing that concerned Gravely is if it is passed the date on
the lower left corner should reflect today's date (6/ 10/98).
Mahurin asked if the practice would be if there are administrative
exceptions the information would come to Planning and Zoning on a
consent agenda. Mahurin asked if this was also part of the Motion.
Bryson replied, it is not part of the Motion but is treated as directing City
to handle it in a certain way.
BRYSON MOVED TO AMEND THE MOTION TO ADD THE PHRASE
"SUBJECT TO APPROVAL BY THE PLANNING COMMISSION" TO THE
LAST SENTENCE ON PAGE THREE OF THE DEVELOPMENTS
REQUIREMENTS TABLE, ADMINISTRATIVE EXEMPTIONS SECTION.
MOTION SECONDED BY MAHURIN.
Mahurin noted, now that she seconded the Motion, that in essence it is
already coming to the Commission for major action so there can't be an
exemption given. If it comes to Planning as an automatic consent
agenda and the Commission could pull it if there were a problem is fine.
Mahurin noted the language didn't say consent agenda, so with the
approval of the maker of the Motion, she felt it needed to be re-worked.
Bryson stated unless Administration just wanted to slow it down it
would come to the Commission as fast as items that are submitted on
Thursday and it is seen the following Monday. It could be done in a
week as opposed to going through a public hearing.
When asked for additional clarification, Bryson reiterated how he would
like the last paragraph on page three of the Developments Requirement
Table to read, "The administrative official may reduce setback
requirements up to ten (10) percent subject to approval of the Planning
Commission based on submittal of a plot plan or an as-built survey."
Planning 8v Zoning Commission
June 10, 1998
Page 23
Bryson noted that this allowed the Planning Commission or the public to
~ object to it if they read the public notices. Smalley asked if it would still
require notification to property owners. Bryson replied, that is not the
intent but it can still go through the same process but this is proposed
to be ratified at the Planning Commission if there are any objections.
Mahurin stated it was very interesting to have this discussion because
she recalls being the only one who voted against it originally because
she still wanted the Commission to have approval which meant
notification to property owners. Mahurin stated that is why she
seconded Bryson's Motion because the rest of the Commission voted to
have an addendum to the Table. Mahurin continued, she understands
the intent was to say that it's okay for the City to do it, draw up the
paperwork and it would come to the Commission. Mahurin indicated
that she is confused and doesn't know whether to approve or disapprove
since she objected to it in the first place.
Goecke thought that public hearing was not required on a consent
agenda. Bryson added, he could vote against his amendment and that
would solve the administrative problems if administration still feels that
public not cation is a requirement. Springer stated it was
administration's intention to speed up the process and reduce cost by
eliminating the public notification.
Werner-Quade thought the entire point was so that the Commission
wouldn't see requests 10% or less at each meeting.
MAHURIN MOVED FOR SUBSTITUTION OF THE MAIN MOTION. THE
CURRENT LANGUAGE SAYS "THE ADMINISTRATIVE OFFICIAL MAY
REDUCE SETBACK REQUIREMENTS UP TO TEN (10) PERCENT
BASED ON SUBMITTAL OF A PLOT PLAN OR AN AS-BUILT SURVEY."
THE SUBSTITUTED AMENDMENT WOULD SAY "SUCH EXEMPTIONS
WILL BE ADDED TO THE NEXT PLANNING AND ZONING
COMMISSION MEETING AS AN ITEM ON THE CONSENT AGENDA."
SUBSTITUTE MOTION SECONDED BY BRYSON.
Vote -Substitute Motion (PZ98-29)
GRAVELY Yes BRYSON Yes
WERNER-QUADE Yes GOECKE Yes
NORD Yes MAHiTRIN Yes
GLICK Yes
Substitute Motion passed unanimously. The last motion is
substituted for the original motion.
Planning 8v Zoning Commission
June 10, 1998
Page 24
Vote -Amendment of Main Motion (PZ98-29)
BRYSON Yes WERNER-QUADE Yes
GOECKE Yes NORD Yes
MAHURIN Yes GRAVELY Yes
GLICK Yes
Amended Motion passed unanimously.
Vote -Main Motion (PZ98-29)
WERNER-QUADE Yes GOECKE Yes
NORD Yes MAHURIN Yes
GRAVELY Yes BRYSON Yes
GLICK Yes
Main Motion passed unanimously.
7. NEW BUSINESS:
a. Vacation -Right of Way 8s Utilities Easements, Government Lots
24, 44 8s 45
GOECKE MOVED TO APPROVE THE VACATION OF RIGHT OF WAY
~ AND UTILITY EASEMENTS ON GOVERNMENT LOTS 24, 44 8a 45.
MOTION SECONDED BY BRYSON.
Glick reported that the Commission will make a formal recommendation
to Council for the vacation.
Bryson confirmed this was before the Borough Planning Commission
and it was recommended for approval.
Staff had nothing additional.
Vote
GOECKE Yes
MAHURIN Yes
BRYSON Yes
GLICK Yes
NORD Yes
GRAVELY Yes
WERNER-QUADE Yes
8. OLD BUSINESS: -None
9. CODE ENFORCEMENT ITEMS:
Planning & Zoning Commission
June 10, 1998
Page 25
} a. Lot 35, Block 2, Bush Lanes Subdivision (123? Lilac Lane
b. Lot 4, Bock 2, Kaknu Corners
LaShot reported that no response was received regarding the notices that were
sent out.
10. REPORTS
c. City Council
Smalley reported that City Council met at the Senior Center this evening
(June 10, 1998) and the budget was passed as fmalized. The mill rate
remained at 3.5. This special meeting was held due to a slight error with
the notification in the newspaper.
The following report was given based on the copy of the City Council
agenda included in the meeting packet:
Ordinance 1784-98, requiring permits for home occupations was passed
unanimously.
Item C-4 the phone system for ARFF passed unanimously.
Items 7 and 8 passed. Resolution 98-38 was amended to $160,000 and
passed unanimously.
A new speaker system was approved for Council Chambers and will be
ordered soon.
A discussion on the work session with the Historic District Board,
Planning and Zoning and City Council will be held in August.
Items H-3 and 4 were introduced and will be voted on at the next
Council meeting.
Item H-5 and 6 were approved.
The evaluations for the City Clerk and City Attorney were discussed in
Executive Session. Council is very satisfied with the performance of
both the City Clerk and Attorney and recommended an increase in
salary.
The Board of Adjustment decisions are included in the packet. All three
appeals have been granted.
Planning 8v Zoning Commission
June 10, 1998
Page 26
Council approved a $500 donation to the Aurora Dancers who will
compete in a national dance competition. The agreement with the
dancers is that they will work with the Parks and Rec Department for the
funds.
Mahurin reported she was very disappointed that the Continuum
Corporation was not going to continue with the facility. Smalley stated
they could not continue because of problems with funding.
d. Borough Planning
Bryson reported a Planning meeting was held on June 8, 1998. The Plat
Committee hearing had five plats to consider. All were approved.
Items that generated discussion at the regular meeting included 5. a, 1,
Anchor Point Road and Bridge Construction over the North Fork Anchor
River was requested to be removed from the consent agenda. It was
discussed and during that time the representative from the group in
Homer provided testimony. Basically the Borough staff made comments
and recommendations to the DGC based on coastal zoning criteria. The
criteria was approved by Planning. Bryson had a copy available for
review.
Item F-3, vacation of a portion of a 33 foot easement was described at
east of Bridge Access Road, north of Kalifornsky Beach Road. This
vacation would have provided access to Martin's property. Martin was in
favor of the vacation. This would have had to cross a moderately deep
gully and wetlands area. There was no objection to the proposed
vacation and the comments will be forwarded.
Item F-4, Land Use Permit for a Gravel Site, Tract B, Anchor Point area.
The item was rather deceptive in its simplicity because there was a great
deal of testimony on it. The item was postponed to the next regular
meeting for the collection of additional information. The area has a very
high water table and the applicant is proposing to excavate into the
water table. People rely on shallow wells in this area, one well is only 6
feet to the bottom.
e. Administration:
Nothing to report.
11. PERSONS PRESENT NOT SCHEDULED: -None
12. INFORMATION ITEMS:
Planning & Zoning Commission
June 10, 1998
Page 27
} a. Memo from City Clerk Freas Regarding Excused Abseaces
b. Information regarding the Historic District Board
c. Appeal Decisions (Fruichantie/Stock/Burger King)
d. Corps of Engineers Public Notice
e. City of Kenai 1997 Annual CLG Report
. f. KPB File 98-092 Plat Waiver Information
g. KPB Notice of Public Hearing - KPB File 98-071
h. Planning Commission Roster
13. COMMISSION COMMENTS AND QUESTIONS:
Commissioner Mahurin indicated her disappointment once again with Council
action on the signs. It makes her wonder who is actually doing the planning
and zoning. Mahurin also expressed concern about MAPCO having cardboard
things attached to their sign post and the 7-11 by Thompson Park has a sign
hanging off to the side. Mahurin asked if that is considered additional square
footage for signage and requested that staff follow up on it.
Mahurin asked if the City is going to open the gate at the commercial float
plane basin and if that was a function of City Hall. Roper reported that she
had asked Holland about opening the gate and was told it will remain locked to
keep ATV's from going in and doing damage. Mahurin reported that vehicles
are getting in anyway as tracks are seen in the ditches beside the gate.
Mahurin also reported fresh signs of moose in the area. Roper will mention it
to Holland again.
14. ADJOURNMENT:
GOECKE MOVED TO ADJOURN. MEETING ADJOURNED AT 9:20 P.M.
Respectfully submitted,
Barbara Roper, Contract Secretary
Planning & Zoning Commission
June 10, 1998
Page 28
r ~ ~,
'~
Memorandum
Date: 6/18/98
To: Planning & Zoning Commission
From: Marilyn Kebschull, Administrative Assistant
RE: PZ98-28-AN APPLICATION TO AMEND CUP PZ95-30
Following this memo is the information requested from Mr. Foster regarding their
DEC permit. In addition, Mr. Foster provided a letter that addresses many of the
concerns voiced at the last Planning and Zoning meeting. Following this
information is the public hearing notice, application, and letters received regarding
this application.
Attachments
FOSTER CONSTRUCTION, INC.
PO Box 303
Soldotna, AK 99669
(907) 262-9139 fax (907) 262-1428
June 17, 1998 R~
City of Kenai
CF~VE
210 Fidalgo JU,~
Kenai, AK 99611 / ~ /~
To: Planning & Zoning Commission
Re: Amendment to Conditional Use Permit
I would like to address the issues brought up at the previous meeting on June l Ocn
concerning my application to amend the current conditional use permit for Riverbend pit
on Beaver Loop Rd.
Traffic seems to be a concern of the adjoining landowners, but since 95% of the loads
exiting the pit will be driving toward Bridge Access Rd, Beaver Loop Road will not see
that much increase in traffic flow. We intend to service mostly private individuals which
is a lot smaller scale than a large commercial job and requires less loads per job, so the
increase is not going to be that significant.
Our plant has been tested and certified by the ADEC for air and water quality control
so will be no threat to the environment. It is well maintained and we set very high
standards of quality control so the impact on both the scenery and neighborhood will not
be unpleasant. The only exhaust the stack emits is steam from evaporation of moisture in
the aggregate being processed.
The crushing plant process to make the plant mix is being highly misunderstood. Let
me explain the process; in larger plants first the jaw crushes up to a 48" rock, second the
cone breaks rocks down to 3", then the impactor breaks them down to 3/8" or ''/z" size.
Since the material in our pit is only 2", all that will be used is the impactor. This
impactor is neither noisy, nor does it vibrate as some people think. Another point I'd like
to make, is that our crusher will only crush 200 tons per hour compared to the larger 500
to 600 ton per hour used by other contractors in the area. The crusher will only operate
about 4 weeks per season, during the day only. I can assure you, this plant system does
not have the noise impact of a plant that uses a jaw, cone, impactor and a screen.
Each load exiting the pit will be weighed; no over weight loads will be allowed to
travel on Beaver Loop Road. We will make every effort to maintain the pit and
equipment and will not inventory junk on site.
I have worked in the Beaver Loop area for 15 years and am also a residential land
owner there, and have not had a negative impact on the area. In fact, I have supplied
many local people with competitive priced products. As a fellow land owner in the area, I
have the highest concern for preserving the environment there. I would like an
opportunity to continue operating my business in the area and I don't feel the impact is
negative. I am deeply concerned about the negative attitude towards my company as I
have always tried to be diplomatic, reasonable and understanding. I have always left a
project or a job well groomed as if it were my signature, and am willing to listen to
legitimate complaints from any of my customers or clients.
I appreciate the opportunity to let my opinion be heard, and maybe enlighten you to
some of the facts I was not able to state at the last meeting.
Sincerely,
~~~
Jack Foster
Foster Construction, Inc.
(t:'~'' ~
. , ; 'a
DEPT. OF ENVIRONMENTAL CONSERVATION
.,.,, Northern Regional Office
610 University Avenue, Fairbanks, AK 99709-3643
April 19, 1995
~p ~ ~~/.
~l lc. ~
TONY KNOWLES, GOVERNOR
Telephone: (907) 451-2360
Fax: (907) 451-2187
NRO File: 900.16.051
"'~r'F11/F[~
Certified Mail Return Receipt Requested Z 379 656 432 ASR ~ ~ 1995
Mr. Paul D. Ross
Wilder Construction Company Inc.
11301 Lang Street
Anchorage, AK 99515-3006
Dear Mr. Ross:
Re: Air Quality Control Permit to Operate 9540-AA001
Renewal of Permit 9031-AA016
vV!LUkk CQNSiRUCTiON
RE~Et VED
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cr
'~NN,)h OF KENAI
'-~~ p=~Af~T11,tr..~
The Department of Environmental Conservation has received your November 7, 1994,
request for renewal of expiring Air Quality Control Permit to Operate 9031-AA016. Based on
review of the file, the Department finds:
~ 1. The facility consists of one CMI, drum mix asphalt plant with venturi scrubber and
_ associated equipment, manufactured in 1977.
2. The asphalt plant and scrubber have estimated emissions of less than 250 tons per
year of each regulated air contaminant, and is not a facility described in
18 AAC 50.300(a)(5) or (6).
3. The asphalt plant is capable of processing more than five tons per hour of materials
and is a source described in 18 AAC 50.300(a)(1)(A).
4. The asphalt plant and associated equipment are subject to the opacity, particulate
matter, sulfur dioxide, fugitive dust, and public health standards in
18 AAC 50.050(a)(1), (b)(5), (c), (e), and (f), and 18 AAC 50.110.
Therefore, as provided by 18 AAC 50.400, the Department grants the enclosed Air
Quality Control Permit to Operate 9540-AA001. Permit 9540-AA001 replaces expired
permit 9031-AA016.
Permit 9540-AA001 will expire December 31, 1999, and you must have it renewed if you
intend to continue to operate the plant beyond that date. A request for renewal should be
received at least 30 days prior to the expiration date if continued operation is desired.
~ Please note there are 25 conditions in the permit. Failure to comply with any of these
conditions may result in the suspension or revocation of your permit in accordance with
18 AAC 50.310. Conditions 24 and 25 apply only when operating within the Aleutians West
Coastal Zone.
Mr. Paul D. Ross -2- April 19, 1995
Wilder Construction Company Inc.
Air Quality Control Permit to Operate 9540-AA001
}
To verify compliance with emission limits, the Department is requiring that a source test
be conducted at least once every five operating years. The last emission test on this plant was
during 1987. As such, this permit requires a source test within 30 days of startup. Exhibit C
contains a list of parameters that must be obtained and reported in addition to those required by
Source Test Method 40 CFR 60, Appendix A.
Permit conditions are stipulated pursuant to Air Quality Control Regulations 18 AAC S0,
and are necessary to ensure that operation of your facility is consistent with the Alaska Air
Quality Control regulations. Tliis permit does not relieve you from the responsibility to apply for
any other permit or approval required by the Department or the U.S. Environmental Protection
Agency. -
When making waste management decisions, you are requested to consider pollution
prevention techniques in order to prevent and minimize present and future pollution. Please
consider waste management options which; 1) minimize pollution entering the air, land, and
water, and 2) promote waste management practices in the following order of priority: source
reduction, recycling/reuse, treatment, and disposal.
Department regulations provide that if you disagree with this decision, you may request an
adjudicatory hearing in accordance with 18 AAC 15.200-910. The request should be mailed to
~ the Commissioner, Alaska Department of Environmental Conservation, 410 Willoughby Avenue,
Suite 105, Juneau, AK 99801-1795, by certified mail, return receipt requested. A copy of the
-- request shall also be sent to the Northern Regional Office, 610 University Avenue, Fairbanks, AK
99709-3643. Failure to submit a request within thirty days of service of this letter shall constitute
a waiver of your right to administrative review of the decision. In addition, any other person who
disagrees with this decision may request an adjudicatory hearing within thirty days of service of
the enclosed permit. Any hearing granted will be limited to issues related to the issuance of this
permit.
Sincerely,
William D. McGee
Regional Administrator
Northern Regional Office
RPC/rg {K:\EQ\AIR\SS\WILDER.LTR}
cc: A. Bohn, ADEC/Juneau ~~
B. MacClarence, ADEC/Anchorage
S. Torok, EPA/Juneau
M. Lyon, FNSB/Fairbanks
STATE OF ALASKA
DEPARTMENT OF ENVIRONMENTAL CONSERVATION
NORTHERN REGIONAL OFFICE
G10 UNIVERSITY AVENUE
FAIRBANKS, AK 99709-3G43
AIR QUALITY CONTROL PERMIT TO OPERATE
Permit 9540-AA001
Date of Issuance: April 19, 1995
The Department of Environmental Conservation, under authority of AS 46.03, AS 46.14, 18 AAC 15,
and 18 AAC 50, issues an Air Quality Control Permit to Operate to:
WILllER CONSTRUCTION CO., INC.
11301 LANG STREET
ANCHORAGE, ALASKA 9951G-300G
for the operation of a portable asphalt plant with a wet scrubber. This permit is valid for the operation
of only the equipment described in Exhibit A of this permit and in the documents listed in Exhibit E.
Where the permit is more stringent, the permit requirement applies.
STANDARD CONDITIONS:
A. COMPLIANCE WITH AMBIENT STANDARDS & EMISSIONS
STANDARDS, LIMITS AND SPECIFICATIONS
Permittee shall comply with the State Ambient Air Quality Standards and
Increments established in State Air Quality Control Regulation
18 AAC 50.020.
2. Permittee shall comply with the most stringent of applicable emission
standards, limits, and specifications set out in State Air Quality Control
Regulation 18 AAC 50.050(a)(4), (b)(5), (c), (f), 18 AAC 50.110, and
Exhibit B of this permit.
B. OPERATING AND MAINTENANCE REQUIREMENTS
3. Permittee shall install, maintain and operate, in accordance with
manufacturers' procedures, fuel burning equipment, process equipment,
emission control devices, testing equipment and monitoring equipment to
provide optimum control of air contaminant emissions during all operating
periods. Permittee is prohibited from operating the facility at a rate higher
than that for which source testing has demonstrated compliance.
4. Permittee is prohibited from processing, without prior approval from the
Department, in the drum mix plant soils and gravels contaminated with; fuel
Wilder Constuction Company. Inc. Permit 9540-AA001
Page 2 of 13
oil, gasoline, crude oil, natural gas condensate, material that meets the
.,,,~, deftnition of a hazardous waste under 18 AAC 62 or 40 CFR 261, material
which contains a halogenated hydrocarbon, and material which has contacted
saltwater. Approval must be received from the Department on a case-by-case
basis.
5. Permittee shall notify, in writing, and obtain approval from the appropriate
regional office fifteen days prior to initial operation, relocation, and prior to
startup for a new paving project by submitting two completed copies of the
Relocation/Operation Notification form, provided iti Exhibit F. The applicant
shall also send a copy of the relocation/operation form to the Office of the
Governor, Division of Governmental Coordination, and any affected coastal
district.
6. This permit authorizes air contaminant emissions associated only with
manufacture of asphalt concrete paving material and diesel-electric
generation. Permittee may co-fire with used oil provided the requirements
in 40 CFR 279, Used Oi! Management Standards, are met. No material
meeting the definition of hazardous waste under 40 CFR 261 or 18 AAC 62
may be burned.
7. Permittee shall control sources of fugitive dust to prevent release of
particulate matter beyond the facility boundary, including, but not necessarily
•-- limited to the following:
A. material piles
B. material and product conveyors
C. pugmill and hoppers (if applicable)
D. control device dust handling system
E. roadways under the control of the permittee.
8. Permittee shall not burn fuel oil or diesel with a sulfur content greater than
0.50% by weight. If used oil is burned, the sulfur content of the used oil
shall be determined. The sulfur content of each shipment of fuel shall be
obtained and reported, along with any used oil sulfur analysis in the annual
report required by Condition 21 and by Exhibit D.
9. Permittee shall install and maintain manometers for measuring gas side
pressure drop across the scrubber. That pressure drop across the scrubber
shall be in accordance with the operator's manual or it shall be set by the
source tests results. Each scrubber component shall be inspected by the
operator before each operating season for signs of deterioration and shall be
repaired as necessary. A repair log shall be maintained and is subject to
review under Condition 22 of this permit. The pressure drop shall be
recorded daily during operations and reported as described in Exhibit D.
~`.~/ilder Constuction Company, Inc. Permit 9540-AA001
Page 3 of 13
10. Permittee shall install and maintain flow meters for measuring water flow
,,~~, rates to the scrubber. The water flow rate shall be in accordance with the
operator's manual for the scrubber or it shall be set by the source tests
results. Water flow rates shall be recorded daily during operations and
reported as described in Exhibit C.
C. SOURCE TESTING REQUIREMENTS
1 1. Permittee shall conduct a particulate matter source test of the asphalt plant
using Reference Methods 1- 5 as specified in 40 CFR 60, Appendix A,
within 30 days of initial start-up of the plant, to determine compliance with
18 AAC 50.050(b)(5).
12. Permittee shall submit a co-nplete plan for conducting the source tests to the
Regional Office of the department in which the source test will be conducted.
Plans must be submitted, at least thirty (30) days prior to the scheduled date
of the test.
13. Permittee shall conduct source tests at the maximum rate of the facility, or
maximum anticipated operating rate in accordance with the Reference
Methods as specified in 40 CFR 60, Appendix A, unless otherwise specified
by the department.
-~-- A) The source test shall be conducted at an isokinetic sampling range of
90-110%. The department may reject results of test runs which were
conducted out of this range.
B) Reference Method 5 sampling probe nozzles will not be changed
during the course of a test run. The department may reject results of
test runs where nozzles were changed during the run.
14. Permittee shall give the appropriate Regional Office written notice of the
source test, including a schedule, ten (10) days prior to each series of tests
required under this permit.
15. Permittee shall collect and report those parameters pertinent to the control
device employed as listed in Exhibit C of this permit.
16. Permittee shall submit the results of the test, in the format set out in "Source
Test Report Outline" (STRO), Volume III, Section IV.3 of the State Air
Quality Control Plan (18 AAC 50.620) to the department within forty-five
(45) days following completion of the set of tests. Particulate emission
results (Section D-1 of the STRO) must be reported to the department within
fifteen (15) days after the completion of the testing.
17. Permittee may be required to source test any equipment, at any time, if
deterioration is suspected or deemed necessary by the department to ascertain
compliance with applicable standards or emission limits.
Wilder Constuction Company, Inc. Permit 9540-AA001
Page 4 of 13
~...~
D. REPORTING OF EXCESS EMISSIONS
18. Permittee shall notify the Department's appropriate Regional Office by
telephone promptly, but not later than 12 hours, of any equipment failure
which increases air contaminant emissions beyond normal levels, or of any
change in operating conditions or any other circumstance which may result
in emissions which exceed the limits or standards specified in the permit or
regulations. The notification shall include the nature of occurrence, the
expected duration, and a general description of the weather, and if applicable,
the steps taken to minimize emissions and avoid recurrence. A written report
shall be submitted to the appropriate Regional Office within five working
days of the incident.
19. Permittee shall notify the appropriate District Office by telephone and the
appropriate Regional Office in writing on the fourth day, if any emission
control monitor, including a venturi differential pressure gage, is
malfwtctioning or non-operable for three or more consecutive days. The
report shall indicate the cause of failure and anticipated time required to
repair or replace the instrument. A written report shall be submitted to the
appropriate Regional Office within five working days of verbal notification.
E. ACCESS TO THE FACILITY
--- 20. Permittee shall provide access to the facility promptly, at any reasonable
time, to the Department's representative, and any other person authorized or
contracted by the Department, in order to conduct an inspection or tests to
determine compliance with this permit and State environmental laws and
regulations.
F. I'ERIOUIC REPORTING AND RECORDS MANAGEMENT
21. Permittee shall submit a Facility Operating Report as described in Exhibit D
of this permit to the Department's appropriate Regional Office, by the 30th
day of December of each year.
22. Permittee shall maintain test results, fuel consumption data, monitoring
instrument recorder charts and other applicable data necessary to determine
compliance with this permit in an active file for not less than three years, and
have them accessible to the Department's representative, on request, and
during an inspection.
23. Permittee shall clearly display a copy of this permit and keep a current copy
of the State Air Quality Control Regulations 18 AAC 50 on Fle at the
permitted facility location.
•Wilder Constuction Company, Inc.
Permit 9540-AA001
Page 5 of 13
G. THE FOLLOWING CONDITIONS APPLY ONLY WHEN OPERATING IN
ALEUTIANS WEST COASTAL RESOURCE SERVICE AREA
24. Within the Aleutians West CRSA (AWCRSA), the permittee shall contact
local municipal or tribal officials, landowners, and the AWCRSA prior to
commencing operations, to obtain necessary local permits or approvals and
to consult regarding a preferred site for operations.
25. Within the Aleutians West CRSA, storage of fuel, if greater than 5,000
gallons, will require compliance with stipulations of AWCRSA policies C-10
(Storage of petroleum and petroleum products) and C-I1 (spill containment
and clean up equipment).
This permit expires December 31, 1999, or in accordance with new Chapter 50 regulations.
This permit may be suspended or revoked in accordance with 18 AAC 50.310.
Dated: l9 Q~ ~~~~.2 eil-ll'z- ~../~-~--
William D. McGee
-- Regional Administrator
Northern Regional Office
Wilder Constuction Company, Itic. Permit 9540-AA001
Page 6 of 13
~w
SOURCE INVENTORY
Permittee is authorized under this permit to operate only the following equipment and any
other stationary equipment with a rated capacity of less than 1 million British thermal units
per hour (1.0 MMBtu/hr). The design rating, capacity, or throughput is set out in this
Exhibit only for the purpose of aiding in the identification of the equipment. Permittee
must notify the department prior to installation of any new equipment of any size to
determine the applicability of regulatory requirements.
EXHIBIT A
Manufacturer:
Make:
Model/Serial No.:
Capacity:
Control Equipment:
Source 'test Date:
Tested Rate:
Associated Equipment:
CMI
Drum Mix
PDM 732-101
475 ton/hr
AESCO Wet Scrubber Model 732/HDP 732
July 1987
180 ton/hr
Caterpillar Model D348,
SOOkw diesel electric generator
Wilder Constuction Company, Inc.
Permit 9540-AA001
Page 7 of 13
f,
'err'
EXHIBIT B
AIR CONTAMINANT EMISSION LIMITS, STANDARDS,
FUEL SPECIFICATIONS, AND OPERATING LIMITS
Exhaust conditions shall be in accordance with the information submitted by the permittee.
Permittee shall operate each source in compliance with the applicable emission standards
specified by 18 AAC 50.050, and the emission limits, standards, fuel specifications, and
operating limits listed below, whichever is most stringent. Unless otherwise specified,
annual emissions are based on a source tested rate of 130 tons per hour throughput.
Operations and Performance-based Continuous Operation
Air Contaminants Emission Limitsl Maximum Allowed Annual
Operating Limits Emissions, Tons/Year
A. OPERATIONAL LIMITS
Asphalt Plant 8760 Hr/year
75 gal/minute scrubber water
B. PARTICULATE 20% opacity not to be
MATTER exceeded for more than three
minutes
in any one hour
Asphalt Plant 0.04 gr/dscf 29.6
EF = 0.052 Ib/ton
C. SULFUR DIOXIDE 500 ppm of SOZ,
three hour average
Asphalt Plant EF = 0.241b/ton 136.7
Wilder Constuction Company, Inc.
Permit 9540-AA001
Page 8 of 13
y,r-
EXHIBIT B
(Cont.)
Operations and Performance-based Continuous Operation
Air Contaminants Emission Limits/ Maximum Estimated
Operating Limits Annual Emissions,
Tons/Year
D. NITROGEN OXIDES
Asphalt Plant EF = 0.17 lb/ton 96.8
E. CARBON MONOXIDE
Asphalt Plant EF = 0.069 Ib/ton 39.3
F. VOLATILE ORGANIC
COMPOUNDS
Asphalt Plant EF = 0.046 lb/ton 26.2
G. FUEL SUPPLY
Sulfur Content,
Diesel Fuel/Fuel Oil Not Greater than 0.50%
by Weight.
Emission Factors (EF) ure ars•ed to calculate the ear:fissions from the facility. They are
bused vn emissivn.factors from AP-42 or from actual source tests performed on the
units in question and are limited by the natmber of operating hours for the unit. These
numbers are not emission limits. They are used to determine the total emissions from
the purticulur unit. Wilder Cvnsh•uction has the option of determining and seeking
approval of other emission factors.
Wilder Constuction Company, Inc. Permit 9540-AA001
Page 9 of 13
EXHIBIT C
'4rrr
EMISSION AND FUEL TESTING REQUIREMENTS
Permittee shall conduct source tests and report the results as required by Condition 11
of this permit and as described in this exhibit. Alternative test methods may be
proposed. Testing procedures must be approved by the Department prior to the test
date.
PARAMETER AND
SOURCE UNIT OF MEASURE TEST METHOD
CMI Drum Mix particulate matter Reference method 5
asphalt plant (gr/dscf and lb/hr) specified in 40 CFR part 60,
Appendix A
Diesel oil sulfur content ASTM D 2880-87
Venturi Scrubber pressure drop manometer
water intake water flow meter
approved by the
-- Department
Additional data required to be collected during sourc e testing that is not normally
collected by the source test firm.
For Plants with Scrubbers
1. Asphalt production rate -tons/hr
2. Aggregate, fines content - % passing 200 mesh
3. Fuel type and consumption -gal/hr
4. Water flow - gpm, and temperature in and out of scrubber - F°
5. Exhaust gas flow damper setting
6. Differential pressure across venturi and across scrubber -inches of water column
7. Pond size, depth, and type of liner
8. Is water recycled? Amount of makeup water?
Wilder Constuction Company, lnc. Permit 9540-AA001
Page 10 of 13
r,,,,-
EXHIBIT D
FACILITY OPERATING REPORT
A Facility Operating Report shall be submitted to the Department of Environmental
Conservation, Southcentral Regional Office, annually by the 30th day of December each
year. 'T'his report shall include the following information:
NAME OF PERMITTEE and FACILITY
LOCATION OF FACILITY
PERMIT NUMBER
PERIOD OF REPORT
PARAMETER REPORTING REQUIREMENT
1. Operations
Asphalt plant hours operated per day; tons produced per day;
maximum one hour production rate for each
operating day; brief description of weather; total
number of days operated.
2. Fuel Consumption gallons diesel burned per month; total gallons per
--- season
3. Fuel Quality sulfur content of each
Diesel fuel shipment received;
4. Used Oil Amount and sulfur content of used oil burned;
4. Venturi Scrubber
Pressure drop report maximum, minimum, and average of the
values recorded each day;
Water Intake report maximum, minimum, and average of the
flow values recorded each day
5. Attach a summary of the excess emissions report as required by Conditions 18
and 19.
6. Describe any maintenance work or system modifications which may have improved
the air contaminant emissions from the asphalt plant or diesel generator(s) and list
date(s) of operator inspection(s).
7. Signature of authorized agent preceded by the statement: "I certify that I am familiar
with the icyformation contained in this report, and that to the best of my knowledge
and belief such information is true, complete, and accurate."
~'Jilder Constuction Company, Inc.
Permit 9540-AA001
Page 11 of 13
EXHIBIT E
PERMIT APPLICATION DOCUMENTATION
1. .tune 22, 1987, Eastwind, Inc. Air Quality Control Permit to operate application.
2. July 17, 1987, Source test report from AM Test, Inc., Eastwind, Inc. CMI Drum
Mix Asphalt Plant, Eagle River, Alaska.
3. May 29, 1990, Permit transferred from Eastwind Inc., to Wilder Construction Co.,
Inc.
4. March 4, 1991, Air Quality Control Permit to Operate 9031-AA016 issued to
Wilder Construction Co. Inc.
5. Wilder Construction Company, Inc. renewal requests dated December 3, 1990 and
November 7, 1994
• ~ ~ Wilder Constuction Campany, Inc. Permit 95aaaa-ool
Page 12 oft 3
EX><iIBIT F
~,
•~~:
~'
:~;~
;: •;.
PORTABLE FACILITY RELOCATION/OPERATION NOTIFICATION ;,°,.
Permittee shall submit the information specified below to the appropriate regional office
of the department, fifteen days prior to moving the plant to any new location, or
commencing any new •soil remediation projeet.t .
`,
Name of Firm':
->~
Address: •
~r:
Telephone: Contact Person: -
Current Air CZuality Permit No.: Expiration Date:
General Wastewater Disposal Permit Na (if applicable):
Solid .Waste DRisposal Permit No. (if applicable): ~'
Description of operation: ' '!'
..
New plant location (include site maps): ;E
Approximate dale of start-up .and shutdown:
Expected feed, rate (ions per hour):
Percent of soil fines. (minus.200 mesh):
Wet scrubber recirculation rate (if applicable}: - '~
.Ir
Pond sizes (primary/secondary) .and type of liner:
~.~ry
-tip;
~~:
:::I~~.:
While 13 days will satisfy requirements of the DEC Air Program fur notifics~tion of a move, it i~ important to note shat
projects locs~ted within the~Alaska coast loA~ needed f other P m'~ts rue ~~ ntified.c sP~ific site, identified in the coastal
...i:l
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Wilder Constuction Company, Inc. Permit y54u-a-AUUi
Page 13 of f 3
EXIiISIT F
(Cont.)
TRANSPORTABLE FACILITY .RELOCATION/OPERATION NOTIFICATION
Wastewater discharge location (include topo-map);
Date(s) of discharge/flow rates (gallon/day):
Date of last sorbent replacement/overhauUcleaning:
CERTIFICATION
I hereby certify that:
For projects located within the Alaska Coastal Management Program (ACIVIP)
boundaries, as defined in 6 AAC :50.110(2) and. AS 46.40.210(2), enclosed is a
completed .and. signed RCMP Coastal.Project Questionnaire. I understand that the
Questionnaire and this notification will be sent to the Department of Fish & Game,
Department of Natural Resources, and the affected coastal district and'that additional
information and permits on the specific project site may be required-from these agencies
i or coastal district.
The information contained in this notification is to the best. of my knowledge and belief,
is true, complete, and accurate.
Signature:
Printed Name:
Title:
Telephone:
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TOTAL P.02
CITY OF KENAI
~~ ~~ e~:~~ ~ la~~--
~ 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794
TELEPHONE 907-283-7535
_ _ FAX 907-283-3014 ~~
~-~
tIIII~
1992
June 12, 1998
CITY OF KENAI
PLANNING AND ZONING COMMISSION
PUBLIC HEARING NOTICE
The following public hearing has been continued to the Planning and Zoning
Commission Meeting of June 24, 1998. Additional information will be available at
City Hall prior to the meeting:
PZ98-28-An application to Amend Conditional Use Permit PZ95-30 to include a
crushing plant and an asphalt plant for the property described as Tract 6,
Horseshoe End at River Bend Subdivision (approximately 21 13 Beaver Loop Road).
The original permit (PZ95-30) was issued for Extraction of Natural Resources.
Application is submitted by Foster Construction, P.O. Box 303, Soldotna, Alaska.
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 June 24th. 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 Prepared By: JL/mk
Date: May 26, 1998 Res: PZ98-28
GENERAL INFORMATION
Applicant: Foster Construction, Inc.
P.O. Box 303
Soldotna, AK 99669 262-9139
Requested Action: Amend Conditional Use Permit PZ95-30
Legal Description: Tract 6, Horseshoe End at River Bend Subdivision
Existing Zoning: RR-Rural Residential
Current Land Use: Gravel Pit
Land Use Plan: Low Density Residential
ANALYSIS
General Information:
KMC 14.20.150 details the intent and application process for conditional uses.
The code also specifies the criteria for conditional uses in all zones,
"Uses not specifically permitted in the zone concerned may be permitted
provided the following conditions are met:
[i] Such uses must be similar to principal uses permitted in the zone;
(ii] Such uses must be in harmony with the intent of the zone.
Applicants have a Conditional Use Permit for Extraction of Natural Resources
(PZ95-30) which they would like to amend. As stated on the attached statement,
they would like to set up a crushing plant and an asphalt plant. It appears the
requested amendment would be a use similar to the current conditional use.
City Engineer:
The intended addition of equipment to produce crushed gravel and asphalt appears
consistent with the original permit. The products that would become available
would be a benefit to the local community and create a competitive economic
situation.
PZ98-28 Page 2
Building Official:
No building code issues.
RECOMMENDATIONS
Review KMC 14.20.150 and 14.20.151 to determine if the requested amendment
fits the criteria for conditional use permits. If the Commission grants the requested
permit, it is suggested that the applicants be required to operate under the
conditions placed on the original permit.
ATTACHMENTS:
1. Resolution No. PZ98-28
2. Application
3. Drawings
CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION NO. PZ98-28
CONDITIONAL USE PERMIT
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF
KENAI GRANTING A REQUEST FOR A CONDITIONAL USE PERMIT FOR:
Foster Construction, P.O. Box 303, Soldotna, Alaska
l .-~--~ _ _, .: ~~>> ~ ~ : ,auk ~~:.~~~~~~ ^RUSHING PLANT & ASPHALT PLANT
LOCATED TRACT 6, HORSESHOE END AT RIVER BEND SUBDIVISION
WHEREAS, the Commission finds:
1) That an application meeting the requirements of Section 14.20.150 has
been submitted and received on: May 22, 1998
2) This request is on land zoned: RR-Rural Residential
3) That the applicant has demonstrated with plans and other documents
that they can and will meet the following specific requirements and
conditions in addition to existing requirements:
a.
b.
4) That a duly advertised public hearing as required by KMC 14.20.280 was
conducted by the Commission on: June 10, 1998
NOW, THEREFORE, BE IT RESOLVED, BY THE PLANNING AND ZONING
COMMISSION OF THE CITY OF KENAI THAT THE APPLICANT HAS
DEMONSTRATED THAT THE PROPOSED CRUSHING PLANT & ASPHALT PLANT
MEETS THE CONDITIONS REQUIRED FOR SAID OPERATION AND THEREFORE
THE COMMISSION DOES AUTHORIZE THE ADMINISTRATIVE OFFICIAL TO ISSUE
THE APPROPRIATE PERMIT.
PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI,
ALASKA, JUNE 24 , 1998. 1 J
CHAIRPERSON AT ST: Planning Secretary
/~~~
May ~~
CITY OF KENAI •~`_ A~,,~,,c,~- '~
CONDITIgNAL USE PERMIT • ~``~~n`1M~..
..
NAME FOSTER CONSTRUCTION, INC.
PHONE (907) 2629139
MAILING
ADDRESS PO Box 303 So'dotna, AK 99669
ADDRESS 265 Wilson Ave. Soldotna, AK 99669 '
LEGAL
DESCRIPTION Tract 6 of Horseshoe End at River Bend S/D
ZONING C ~ RR-1 RS RS-1 RS-2 CC CG IL IH R RU1
DISTRICT
Section 14.20.150 of the Kenai Municipal Code outlines regulations
which allow Conditional Use Permits for certain developments.
PLEASE REAb THE FOLLOWING, COMPLETE THE BLANKS AND THE
SPACE BEFORE THE ITEM TO INDICATE THAT YOU HAVE READ AND UNDERSTAND
THESE CONDITIONS.
A Conditio al Us Permit issued by the Kenai Planning
and Zoning Com~tission is required for some uses which
may be compatible with principal uses in some zones
C,,~• if certain conditions are met. I understand a
Conditional use permit is required for the proposed
development as degcribad:
f~ i~ Please submit site Plan, Map (if available) and
l~`~~ Trsff is Flow & Parking
Please submit plans showing the location of all
~1~-: existing and proposed buildings or alterations,
elevations of such buildings or alterations, and data
as may be required.
A Public Notification and Hearing is required before
~'~, - the issuanoe of this permit. A $105.00 nonrefundable
deposit/advertising fee is required to cover these
notification costs. (Please see attached sheet).
An approved conditional use permit shall lapse twelve
months from the date of approval if the nonconforming
use for which the conditional use permit was approved
has not been implemented. The Commission may grant a
~~~ time extension not to exceed six months upon a
~4~" finding that circumstances have not changed
sufficiently since the date of initial permit
approval. A request for extension must be submitted
prior to expiration of permit. A public hearing
shalt not be required as a condition to granting the
extension.
ADDITIONAL COI~RENTS: Have a current conditional use permit, copy
attached, we would like to make an amendment to it as explained in
enclosed letter.
Applicant Signature: ~ '' ~ i' ) Date: -
Approved at Pict Meeting: o ~J C,
. i
Appro ed: Chaz arson
FOSTER CONSTRUCTION, INC.
PO Box 303
Soldotna, AK 99669
(907) 262-9139 fax (907) 262-1428
••rrrrrrrrrrrrrrrrwrrrrrrrrrrrrrrrrrrrrrrrrrrwrrrrwrrwrrrrrrrrrrrrrrrrrrrrr•
May 22, 1998
City of Kenai
210 Fidalgo
Kenai, AK 99611
ATTACHMENT TO CONDITIONAL USE PERMIT APPLICATION
We have a conditional use permit in existence right now, but we would like to apply for
an amendment to the permit. To date we have only used the gravel pit to extract gravel;
we would now like to process the material. We would like to set up a crushing plant and
an asphalt plant. The plant has a DEC Air Quality Control Permit to operate.
Sincerely,
r
l' ,~ '~!
Carey I~ Oster
Foster Construction, Inc.
CITY OF KENAI_
PLANNING''AND ZONING COI~II~IISSION
RESOLUTION NO: P895-
CONDITIONAL IISE>PEItMIT""
EXTRACTION OF NATURAL RESOURCES
~u-~ u
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY
KENAI (GRANTING) (~) A REQUEST FOR A CONDITIONAL USE PERMIT
FOR EXTRACTION OF NATURAL RESOURCES Fnstr~r Cnnctructinn
LOCATED Tract 6 of Horseshoe End at River Rend S/n
WHEREAS the Commission finds:
i) That an a~spiication meeting the requirements of Section
14.20.154 has been submitted and received on:
May 30. 1995
2) This request is on land zoned Rural Residential (RR)
3) That the applicant has demonstrated with plans and
other documents that they can and will meet the
following specific requirements and conditions in
addition to existing requirements:
4) That a duly advertised public hearing as required by
KMC 14.20.280 was conducted by the Commission on:
~Tunr~ 14, 1995
NOW, THEREFORE, BE IT RESOLVED, BY THE PLANNING AND ZONING
COMMISSION OF THE CITY OF KENAI THAT THE APPLICANT (HAS) (~
r!s!) DEMONSTRATED THAT THE PROPOSED EBTRACTION OF NATIIRAL
RE80IIRCE8 MEETS THE CONDITIONS REQUIRED FOR SAID OPERATION AND
THEREFORE THE COMMISSION (DOES) AUTHORIZE THE
ADMINISTRATIVE OFFICIAL TO ISSUE THE APPROPRIATE PERMIT.
PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF
KENAI ALASKA ,Tune 14, 1995
~ CHAIRPERSON ~ EST: (Plann g Secretary
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June 17, 1998 ~~C
City of Kenai v ~ ~ Apr,,,
210 Fidalgo ci ~`~
Kenai, AK 99611 ~NN~ G~~kFti,
Ladies and Gentlemen:
As a concerned and interested party, we object to the PZ98-28 Amendment of
Conditional Use Permit PZ95-30 to include a crushing plant and a asphalt plant for the
property described as Tract 6, Horseshoe End at River Bend Subdivision (approximately
2113 Beaver Loop Road). The original permit (PZ95-30) was issued for Extraction of
Natural Resources. Application is submitted by Foster Construction, P.O.303, Soldotna,
Alaska.
The reasons for the objection to this change are:
The possible reduction of property value due to this operation in the
neighborhood. Real Estate personnel always say LOCATION, LOCATION,
LOCATION, AND LOCATION. With this type of operation in the vicinity it can
not be good for residential development. This type of operation would be better
suited for the commercially zone areas.
2. The increase truck traffic will cause increased hazards for people walking and
riding their bicycles along Beaver Loop road. This traffic will include increase
noise and dust which there is enough dust just from the gravel pit operation and
the dirt roads at the present time.
3. Increased noise levels for the operation of the gravel crushing operation will be
carried on the prevailing winds to the surround neighbors.
4. Associated smell accompanying an Asphalt Operation of this nature will be
evident to the neighbors and should not be part of the future for residents of the
immediate area. This shouldn't happen to residents that bought their home with
the intent and perception of clean odor free breezes.
5. Would any of the council want this type of operation in their backyard? The
answer to this is more than likely NO they would not. Help the resident of Beaver
Loop area keep their neighbor free of any more industrial development.
6. Keep the zoning of residential valid for this area. The original permit variance
may have been objected to if the residents had been aware of the progression that
has taken place here at this time. Two wrongs do not equal right.
7. One major question was if the operation had been in operation at the time the
residents purchased their home then they should not have any complaints. But to
have the addition or operations change and then have to deal with the unpleasant
results of the changes is not fair. The people that move into the area of an airport
should not complain but the people that bought their homes and then had the
airport move do have a ligitimate complaint of the annoyances.
We respectfully request the City Council deny the Amendment to the Conditional Use
Permit PZ95-30. Think of it as if it was going to be in your backyard and you were going
to traveling down the access road to your home. People should be entitled to have input
as to what type of operation is allowed to operate in or near their neighborhood.
Sincerely,
C ~A~' cW ~
C.H. Tomlinson
555 Dolchok Lane
Kenai, AK 99611
283-0990
r
Law Offices
'~ Phil N. Nash
110 S. WILLOW, SUITE 104
Telephone (907) 283-7514 KENAI, ALASKA 99611 Faaimile:
June 3 , 1998
Jack La Shot
City of Kenai
210 Fidalgo Ave, Suite 200
Kenai, AK 99611 ~ a
RE: Foster Construction/PZ95-30
Dear Mr. LaShot,
" I~
~h ~~~
u~ ~~
,~ ~
~~. /~
I represent Sue Wright, the beneficiary of the Waldo Coyle Estate, currently being
administered by George Goerig, Esq.
On behalf of the beneficiary, and to the extent that the beneficiary has standing,
please accept this as her strenuous objection to the pending amendment to the Conditional
Use Permit PZ95-30, Foster Construction Company, for the reason that there is one
subdivision located across Beaver Loop Road with eight lots currently listed for sale and
another conceptual subdivision being planned by McLane Company, and the amendment
of the existing conditional use permit would materially and substantially affect the value
and desirability of the subject lots in that it would tend to make the estate property
unsalable as rural residential building cites thereby resulting in irreparable harm: "a
taking"
My client has requested that I point out that the provisions under KMC 14.20.150
for Natural Resource Extraction do not provide for subsequent amendment for anon-
extraction use. The code provision is specifically for natural resource extraction. It does
not appear to contemplate either a crushing pit or an asphalt plant.
Of more importance, please note specifically the lack of an original plan as required
under part (a)(7) and (b)(8), which clearly indicates that there never was a plan for other
than extraction at this location. It would be my client's position that a crushing plant and
an asphalt plant are of such a major change in operations at this late date such as to render
the initial permit terminated and require a new permit application to include all three:
extraction; processing; and asphalt batch plant.
Letter to: Jack La Shot
City of Kenai
~ RE: Foster Construction/PZ95-30
June 3, 1998
Page 2
The portion of the notice attributable to the City Engineer includes three statements
of professional opinion: (1) that the intended addition of equipment to produce crushed
gravel and asphalt appears consistent with the original permit; (2) the products that would
become available, would be a benefit to the local community; and (3) the products that
would become available would create a competitive economic situation. I would therefore
request the following for the purposes of lodging the objection:
I. The factual basis, including applications, drawings, photographs, notes to file,
transcripts or excerpts thereof, reports, or other references or items of engineering,
economic development, or other demonstrative evidence upon which the professional
opinion is based that a gravel crushing and asphalt plant is consistent with the original
permit;
II. A list by description of the "products" which would become available as a result
of the application amendment if other than crushed gravel and asphalt;
III. A copy of the factual basis or of the report upon which the statement that the
"products" would benefit the local community was based;
IV . A precise description of the term "local community";
V . The total economic or other benefit to the local community as defined above;
VI. A precise definition of the term "competitive economic situation" as used in the
notice;
VII. A copy of the factual basis or of the report upon which the opinion that the
crushed gravel and asphalt would create the competitive economic situation as defined
above;
The copy of the existing permit and the application included in the notice do not
appear to comply with the requirements of KMC 14.20.151 or KMC 14.20.160. Therefore
the following additional information is necessary in order to present a proper objection to
the application:
VIII. A copy of that portion of the amended plan which is intended to show that the
need for crushed gravel and asphalt within the City of Kenai outweighs any detrimental
effects the operation may have on surrounding property owners as provided in KMC
14.20.154 (a)(9); and
Letter to: Jack La Shot
City of Kenai
~~ RE: Foster Construction/PZ95-30
June 3, 1998
Page 3
VIX. A copy of the proposed screening plan for the new operations;
VX. A copy of the narrative statement required by KMC 14.20.151(b) setting forth
each and every requirement of subpart (b) of the ordinance.
Thank you for your attention to this request for information necessary to make a
proper objection to the permit.
Sincerely,
Phil N. Nash, ABA # 7705050
Attorney at Law
PNN/clh
cc: ue Wright
George Goerig, Esq.
Clerk, Planning & Zoning Commission, City of Kenai
t 05 Juat-98 8;p6:.~5 AM
i
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CITY OF KENAI
Phil N. Nash
Attorney at Law
110 S. Willow, Suite 104
Kenai, AK 99611
RE: Foster Construction/PZ95-30
Dear Phil:
210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99811-7794
TELEPHONE 907-283-7535
FAX 907.283-3014
June 10, 1998
1~I~~1
,~:
You are right-I don't understand what additional records you are requesting. Mr. La Shot made his
written comment based on his review of the files provided to you and on his 17 years of experience at
the City of Kenai, including his personal knowledge of local construction and the area. I don't think
that makes his statement "gratuitous rhetoric."
During his 17 years at the City, he has reviewed thousands of documents that form a part of his
professional knowledge. Are we to go through every record in Public Works over the past 17 years and
ask Mr. La Shot if he may have relied on that document in some manner in making his statement
regarding the Fosters' application? I am not trying to be flip. Your request is so broad as to make it
impossible to comply with.
Regarding your statement about seeking an injunction, the Kenai Municipal Code allows for an
administrative appeal under KMC 14.20.290 to the Board of Adjustment. An appeal from the Board of
Adjustment may be made to the Superior Court. KMC 14.20.300. Attempts to circumvent that
process by requesting injunctive relief have failed. Caranitt~ to Protect Woadlan~ Inc. v. Crry of Kasai,
3KN-95-339 (Sup.Ct. 1995)(Request for preliminary injunction denied based on failure to exhaust
administrative remedies). An attempt at an injunction in this matter will have a similar result. It will
only waste everyone's time and money. There is an appeal process. If your client is dissatisfied with
the decision of the Planning & Zoning Commission, she may pursue her administrative remedies.
Very truly yours,
CITY ~ KENAI
. Graves
City Attorney
I CRG/sp
Cc: Jack La Shot
GOERIG & ASSOCIATES
1029 Wort Third Avenue, Suite 400
Anchorage, Alaska 99501
Rhone: (907) 27&9926
Fax: (90~ 279-9926
FAX MEMORANDUM
TO: PLANNING 8 ZONING COMMISSION: Art Graveley,
Carl Glick, PhII Bryson, Teresa Werner-Quade,
Karen J. Mahurin, Ron Goecke, Barbara A. Nord, and
Hal Smalley
Tlrn Rumfelt, DEC Wetlands Division (269-75o RECEIVED
FAX NO.: 283-3014
.~1N I 0 1998
FROM: Elizabeth S. Hanson, CLA
CITY OF KENAI
DATE• June 10, 1998 PUBLIC WORKS DEPARTME
CLIENT NO: 98-208
NO.OF PACES (including cover): S
MESSAGE:
Faxed herewith Is a copy of our letter dated June 9, 1998, to Mr. La Shot for use at the
7:00 meeting tonight. This letter has been provided for you also In a package of
informafion which you should receive tonight. Notwithstanding the duplication of effort, we
simply want to call to your attention our very strenuous objection to the proposed resolution
regarding the crush plant and asphalt plant. It is extremely critical to the Estate/Trust of
Waldo E. Coyle that the resolution be denied, or in the alternative, that Mr. Goerig and
other interested parties be allowed additional time in which to properly prepare objections
to PZ98.28.
Thank you once again for your consideration.
Elizabeth S. Hanson, CLA
Legal Assistant to George E. Goerig, Esq.
The Information contained In this facsimile Is confldentlal andlor privileged. This facsimile
transmission Is Irrsendsd to be reviewed initially by only the addressee named above. ff the reader
of this transmittal page Is not the Intended recipient or s representative of the Intended recipient, you
are hereby notified that any review, dlsseminatlon or copying of this facsimile transrnlsslon or the
information contained herein Is prohibited. K you have received this facsimile transmission in error,
please Irr~medlatery notify the sender by telephone and return this transmission to the sender at the
above address. Thank you.
NT
If you do not receive all pages, please call Barbara at (907) 278-9981.
GOERIG f~ ASSOCIATES
George E. Goeria
Phtriclr Riley
June 9, 1998
City of Kenai
Attn: 1VIr. Jack La Shot
210 Fidalgo Avenue, Suite 200
Kenai, AK 99611-7794
1029 QOerl 3rd Avenue, Suite 400
Arcl~orage, Alulea 99501
Teleplwna (907) 278-9926
Ival~nils (907) 2T9-9926
RE: Estate/Trust of Waldo E. Coyle
Your Reference: PZ98-28 -Application to Amend
Conditional Use Permit PZ95-30 by Foster Construction,
Soldotna, Alaska
Our File No. 96-206 P
Dear Mr. La Shot:
This Finn represents George E. Gverig, Successor Personal Representative of the Estate of Waldo E.
Coyle, deceased. 1V1r. Gverig is also the Successor Trustee of the Waldo E. Coyle Declaration of
Truss dated Apri19,1991. The Coyle EstatePTrust owns real property to the south of Beaver Loop
Road known as Ruby's Dazzling Scenic View Subdivision which comprises 19.483 acres. This
subdivision is directly across Beaver Loop Road from Tract 6, Horseshoe End at River Bend
Subdivision, 2113 Beaver Loop Road, which is the site of the proposed crush/asphalt plant of
Foster Construction, Inc.
The Coyle estate/trust also owns other real property in the immediate vicinity, to-wit, a homestead
comprising about 28 acres (1412 Bambara Drive) and approximately 2 acres at 1501 Bambara Drive.
On information and belief, all the above-described real property owned by the Coyle estateltrust is
aoncd Rural Residential. Also on information and belief, the site of the proposed site for a crush and
asphalt plant is also zoned Rural Residential.
Mr. Gverig strenuously objects to the proposal to amend the Fosters' current Conditional Use Permit
PZ95-30 for several reasons, some of which are set forth below.
1. Establishment of a rock crushing and asphalt plant in immediate proximity to the
very desirable lots in Ruby's Dazzling subdivision will certainly decrease
marketability of the lots.
2. Implementation of such a proposed plant will adversely impact value of the recently
subdivided lots in Ruby's Dazzling Scenic View Subdivision. The personal
representative/trustee and the sole bene5ciary of the estateltrust are faced with
settlement of huge liabilities, the payment of which depends heavily on sale of the
lots in this new subdivision.
City of Kenai
June 9,1:998
Page 2
3. Implementation of such a plant will impact Ruby's Dazzling Subdivision and also
all the other parcels in this area in which the Coyle Estate/Trust has an interest; the
impact will be in reduced marketability and value and desirability in an area zoned
Rural Residential, and also the impact will be manifested in more noise, heavier
tratl:ic flow by large tanker or tractor trucks ingressing and egressing the. area;
increased expense in road maintenance; and increased noise and potentially
decreased air quality in this area. The potential for petroleum spillage also exists.
At this time, we respectfully request that the proposed Resolution No. PZ98-28 Conditional Use
Permit be denied at public hearing on June 10, 1998.
In the alternative, we respectfully request that the Council's action on the proposed resolution be
postponed until interested parties can have adequate dme in which to research the current conditional
use permit of the Fosters' as well as research compliance or possible non-compliance with
regulations pertaining to the application of the Fosters for an amended permit and for application
with DEt: for permit to operate an asphalt plant. Additional time is also necessary to obtain and
analyse tae following:
1. The factual basis, including applications, drawings, photographs, notes to file,
transcripts or excerpts thereof, reports, or other references or items of engineering,
economic development, or other demonstrative evidence upon which the professional
opinion is based that a gravel crushing and asphalt plant is consistent with the
original permit;
2. A list by description of the "products" which would become available as a result of
the application amendment if other than crushed gravel and asphalt;
A copy of the factual basis or of the report upon which the statement that -the
"products" would benefit the local community was based;
4. A precise description of the term "local community;"
5. The total economic or other benefit to the. local community as defined above;
G. A precise definition of the term "competitive economic situation" as used in the
notice;
7.: A copy of the factual basis or of the report upon which the opinion that the crushed
gravel and asphah would create the competitive economic situation as defined above;
City of Kenai
June 9, 1998
Page 3
8. A copy of that portion of the amended plan which is intended to show that the need
for crushed gravel and asphalt within the City of Kenai outweighs any detrimental
effects the operation may have on surrounding property owners as provided in
KMC 14.20.154(a)(9); and
9. A copy of the proposed screening plant for the new operations; and
10. A copy of the narrative statement required by KMC 14.20.151(b) setting forth each
and every requirement of subpart (b) of the ordinance.
Additional time is also necessary to study and analyze the Heavy Construction Industry Check List
for Air Quality Laws and the regulations of the State of Alaska with respect to operators of asphalt
plants. Additional time is also needed to obtain and analyze pertinent portions of the Kenai
Municipal Code relative to this matter.
Additional time is also necessary to detemline whether the Fosters intend to install a new plant or
will install a used plant and whether the plant will be portable or stationary.
Additional time should also be utilized to examine whether any wetlands in the area might be
impacted by .implementation of an asphalt or crushing plant at the proposed site.
In summary, at this point, with the Public Hearing scheduled for tomorrow night, there is simply too
much that is unknown about the Fosters' intent. Again, I ask that the proposed resolution be denied,
or, in the alternative, the matter be postponed to a future time allowing interested parties to
thoroughly prepare objections.
In my capacity as personal representative and trustee, my duties include, to the extent possible, that
I preserve the estate for ultimate distribution to the beneficiary entitled. In this matter, the ultimate
beneficiary is Mrs. Sharalyn Sue Wright who. is represented by Phil Nash, Esq. Mr. Nash will appear
at the Public Hearing tomorrow night on my behalf as well as on behalf of his own client.
Thank you for your consideration.
Very truly yours,
GOERIG & ASSOCIATES
~',~~.
George E. Goerig
City of Kenai
June 9, 1998
Page 4
cc (via fax): Phil N. Nash, Esq.
Cary R. Graves, Esq.
John J. Williams, Mayor
James C. Bookey, III, Council Member
Joe Moore, Council Member
Hal Smalley, Council Member
Raymond Measles, Vice Mayor
Duane Bannock, Council Member
Linda Swarner, Council Member
DEC -Anchorage Office
CITY OF KENAI
PLANNING AND ZONING COMMISSION
KENAI, ALASKA
RESOLUTION NO. PZ 98-30
A RESOLUTION OF THE KENAI PLANNING AND ZONING COMMISSION
RECOMMENDING THAT THE KENAI CITY COUNCIL APPROVE THE HISTORIC
PRESERVATION PLAN FOR THE CITY OF KENAI.
WHEREAS, KMC 14.20.105(9) requires that the Historic District Board develop a local
historical preservation plan that is compatible with the Alaska State Historic Preservation Plan;
and,
WHEREAS, The Historic District Board held work sessions and used meeting time during the
past three years drafting a preservation plan; and,
WHEREAS, The Historic District Board recommends that the Historic Preservation Plan be
accepted.
NOW, THEREFORE, BE IT RESOLVED, that the Planning and Zoning Commission
recommends that the Kenai City Council accept the Historic Preservation Plan as
submitted by the Historic District Board.
Dated at Kenai, Alaska this 24th day of June, 1998.
CHAIRPERSON ATTE T: Planning Secretary
' City of Kenai
PRESERVATION PLAN
Prepared by:
The Historic District Board - 1998
FOREWORD
The City of Kenai's Preservation Plan has been an ongoing project of the Historic
District Board since its inception. Throughout the process, the Board realized that
the Preservation Plan would be a continuously changing document that may
require addendums or updates.
It should be noted that a large section of the Preservation Plan refers to the "Kenai
Townsite Historic District Survey Report "that was published in July of 1996 by
Preservation North. This document contains a wealth of information about the
Townsite Historic District and its history. Copies of this document are available
for review at the City of Kenai Public Library, the Kenai Visitors and Convention
Bureau, and City of Kenai administrative offices.
An appendix to the Preservation Plan is planned which will include items such as
local resources, books, educational resources, etc.
The Historic District Board hopes this document will provide valuable information
on the City of Kenai's preservation efforts, both past, present, and future.
CITY OF KENAI
PRESERVATION PLAN
TABLE OF CONTENTS
1. Mission Statement.
2. Description of the historic character of Kenai from prehistory to the present.
3. Summary of past preservation efforts.
4. Survey of historic resources in Kenai.
5. Archaeological and historic context of Kenai.
6. Historic buildings and sites already identified.
7. Procedure for nomination for future historic sites.
8. Legal Ordinance with map and zoning and design guidelines.
9. Historic preservation education for the community.
10. Development recommendations.
11. Historic Board Membership.
12. Statement of public sector's responsibilities toward city-owned historic resources
(such as parks, streets, public buildings, etc.).
13. Procedure for annual review and future planning.
City of Kenai Page 1 of 9
Historic District Board
Preservation Plan
1. MISSION STATEMENT:
The purpose of the Kenai Historic District Board is to bring attention to the cultural and
historical features unique to the City of Kenai. In keeping with the purpose the Board shall:
• Make specific recommendations to the Planning & Zoning Commission relating
matters of historical and cultural concern, nominations of historic places for the
National Register, and protection of archeological resources.
• Enhance public knowledge about the City of Kenai's history. This will include
knowledge of its indigenous people, environmental setting, architecture, resources,
and also its place in national and world affairs. These elements are not exhaustive
of the Board's potential.
• Disseminate knowledge through signage, brochures, maps, or whatever mediums
necessary and approved by the City of Kenai and the State Historic Preservation
Office.
• Review community improvements and make suggestions where historical and
cultural impact can be expressed.
• Present a balanced interpretation of places and events.
• Stay within policy regarding Boards, Commissions, and Committees as dictated by
Ordinance KMC 14.20.105, Townsite Historic (TSH) Zoning District.
2. DESCRIPTION OF THE HISTORIC CHARACTER OF KENAI FROM
PREHISTORY TO PRESENT:
The prehistory and recorded history of Kenai dates some 10,000 years beginning with the
Riverine Kachemak people about 8,000 B.C. An Athabaskan culture, the Dena'ina displaced the
Riverine Kachemak people about 1,000 A.D.
The first white contact came when Captain James Cook mapped the body of water named after
him: Cook Inlet in 1791. During the same decade, the Russian fur trade expanded its operation
to the Kenai Peninsula and the Russian Orthodox Church began to baptize the native people into
Christianity.
City of Kenai Page 2 of 9
Historic District Board
Preservation Plan
The purchase of Alaska by the United States in 1867 marked another milestone for Kenai,
followed by its Early Community Building Era from 1898-1925. The Kenaitze subsistence
lifeway overlapped several of those same years running from the turn of the century through
World War II.
Postwar community growth naturally followed, including the discovery of oil in 1957. Alaska
became the 49`~ state in 1959, and one year later, the City of Kenai became officially
incorporated.
(For complete details see pages 11-50 of the "Kenai Townsite Historic District Survey Report. ")
3. SUMMARY OF PAST PRESERVATION EFFORTS:
The City of Kenai and the Kenai Historical Society are largely responsible for past preservation
efforts beginning with the memorial to Fort Kenai constructed in 1967. The members of the
historical society managed the operation of the museum at Fort Kenay for the following ten
years, and through their dedicated efforts, successfully restored St. Nicholas Chapel and four
cabins in the Old Town area.
The City of Kenai established the Kenai Townsite Historic District by adopting an ordinance in
1993.
In 1995, the City of Kenai appointed a Townsite Historic District Board as a step toward a formal
preservation program and was granted Certified Local Government (CLG) status by the Alaska
State Office of History and Archaeology.
(For complete details see pages 47-49 of the "Kenai Townsite Historic District Survey Report. ")
4. SURVEY OF HISTORIC RESOURCES IN KENAI:
As the recipient of a 1995 Certified Local Government Grant, the City of Kenai's Historic
District Board contracted with a historian and an architect (Preservation North) to survey the
buildings, structures, objects, and sites within the boundaries of the Townsite Historic District.
Published in 1996, this report documents in detail the thirty-four properties along with
information on ten properties adjacent to the district boundaries. Using the criteria of the
National Register of Historic Places, the survey report has provided both the City of Kenai and
the State Office of History and Archaeology with the baseline information necessary for historic
preservation planning.
City of Kenai Pa e 3 of 9
Historic District Board g
Preservation Plan
(Refer to the "Kenai Townsite Historic District Survey Report" for complete details.)
5. ARCHAEOLOGICAL AND HISTORIC CONTEXT OF KENAI:
Although several archaeological studies have been conducted at Dena'ina village sites, few
artifacts have been uncovered due to the Dena' ina belief that all natural resources be returned to
the earth or sea from which they originated. Nineteenth century journals and letters of European
and Russian explorers have provided primary sources of information describing the lifestyle of
the inhabitants.
(See pages 11-49 of the "Kenai Townsite Historic District Survey Report "for complete details.)
6. HISTORIC BUILDINGS AND SITES ALREADY IDENTIFIED:
The thirty-four buildings and ten adjacent sites in the Townsite Historic District have been
documented with a short history, a basic description with tables, maps, historic photographs and
current photographs. Arranged by the historic themes and general non-historic categories, the
survey evaluates each property according to the National Historic Register guidelines. These
properties are now on file with the Alaska Heritage Resources Survey (AHRS).
See pages 56-154 of the "Kenai Townsite Historic District Survey Report. "
7. PROCEDURE FOR NOMINATION FOR FUTURE HISTORIC SITES:
Individual property owners may choose to nominate their property and/or buildings to the
National Register of Historic Places. The Historic District Board is willing to assist property
owners in preparing for the required local review. After the local review, the nomination is
forwarded to the State Office of History & Archaeology.
Attachment A, "The National Register of Historic Places Nomination Process" and Attachment
B, "National Register of Historic Places Rights of Owners to Comment and/or To Object to
Listing" provides detailed information on the nomination process. In addition, see pages 183
through 185 of the "KENAI TOWNSITE HISTORIC DISTRICT SURVEYREPORT. "
The following materials are available for review at the City of Kenai Planning and Zoning
Department to assist in the nomination process:
"Kenai Townsite Historic District Survey Report ", Preservation North, July 1996
City of Kenai Page 4 of 9
Historic District Board
Preservation Plan
"16A -National Register Bulletin; How to Complete the National Register
Registration Form "
. The following nomination, forms may be obtained from the City of Kenai, Planning & Zoning
Department or at the World Wide Web at http://www.cr.nps.govlnr/nrhome.html:
• NPS Form 10-900: National Register of Historic Places Registration Form
• NPS Form 10-900a: National Register of Historic Places Continuation Form
8. LEGAL ORDINANCE WITH MAPS, ZONING, AND DESIGN GUIDELINES:
Title 14.20.105 of the Kenai Municipal Code, which is the legal ordinance outlining the Historic
District Board's duties and responsibilities, is attached as Attachment C. In addition, Attachment
D (Land Use Table) and E (Development Requirements Table) are provided which specify
allowed uses in the TSH zone and development requirements. See Attachment F for the
Townsite Historic District map.
9. HISTORIC PRESERVATION EDUCATION FOR THE COMMUNITY:
The Historic District Board is charged with educating the community about its cultural resources.
The following historic themes represent current and future education projects.
• Dena' ina Building Tradition: A.D. 1000-1890
• Russian Exploration and Fur Trade: 1741-1866-
• The Russian Orthodox Church: 1841-1906
(Extant properties, 1881-1906)
• United States Purchase of Alaska, 1867: Fort Kenay, 1869-1870
• Early Community Building Era: 1889-1925
• Kenaitze Subsistence: 1900 - 1941
• Federal Programs for Agriculture and Sustainable Resource Management: 1898-1958
(Extant properties, 1935-1958)
• Post War Community Growth: 1948-1958
• Post Statehood Development: 1959 - 1996
The appendix of this document will contain educational materials as they are developed.
10. DEVELOPMENT RECOMMENDATIONS:
The historic district must be an alive, inviting, and active place to assure historic preservation.
Development of the Townsite Historic District (TSH) should be promoted to assist in this
historic preservation. Well-planned development can spur the economics and interest that
City of Kenai Page 5 of 9
Historic District Board
Preservation Plan
promote action. The City and its citizens are in the best position to kindle that development by
encouraging and supporting the following concepts:
• Implementing a master plan for TSH that has among its goals and objectives
historic exhibits. This may require land swaps of City property to obtain parcels of
land to accommodate the master plan.
• Providing more greenbelt common areas with developed connecting pathways,
preferably along view areas.
• Consider providing tax incentives to develop economic enterprises in TSH.
• Continuing the upgrade of streets with street signs and lighting of uniform design to
provide more visual unity in the district.
• Continuing participation with the Visitor's Center in developing and publicizing the
walking tour and specific exhibits in the Center.
• Enforcing the Townsite Historic District Zoning ordinance to assure buildings,
signage and other improvements are in keeping with a historic setting.
• Continuing to landscape the City properties by keeping the area litter free and well
groomed.
11. HISTORIC BOARD MEMBERSHIP:
Membership guidelines are specified in KMC 14.20.105 that is contained in Section 8.
Specifically refer to KMC 14.20.105(b)(1)(2). See Attachment G, Historic District Board
Membership roster.
12. STATEMENT OF PUBLIC SECTOR'S RESPONSIBILITIES TOWARD CITY-
OWNED HISTORIC RESOURCES (SUCH AS PARKS, STREETS, PUBLIC
BUILDINGS, ETC.)
In order to foster strong community relationships and strengthen historic preservation, the
Historic District Board adopts Goals 2 and 4 of the Alaska State Preservation Plan which
specifies the following:
• Support and strengthen local historic preservation efforts.
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• Encourage Alaska Natives to identify concerns and develop strategies to protect
their cultural resources.
• Encourage nonprofit statewide organizations, including the Alaska Anthropological
Association, Alaska Association of Historic Preservation, Alaska Historical Society,
Keepers of the Treasures -Alaska, and Museums Alaska to promote historic
preservation.
• Foster stewardship of cultural resources by public agencies and private individuals
and groups.
• Use emerging technologies to improve communication among organizations and
individuals interested in historic preservation.
• Review development projects to protect cultural resources.
• Review emergency response laws and plans so that cultural resources receive
maximum protection in the event of a disaster.
• Promote the role of local preservation programs in efforts to maintain and enhance a
community's character.
• Promote incorporation of preservation issues in plans.
13. PROCEDURE FOR ANNUAL REVIEW AND FUTURE PLANNING:
It is the duty of the Townsite Historic Board to annually review the survey of historic properties
in order to include any new information that may have arisen in regard to the accuracy of each
historical site. Therefore, at the end of each calendar year, the Townsite Historic Board shall
schedule a review of the Townsite Historic Survey and submit corrected information to the State
Office of History and Archaeology.
Additionally, the Townsite Historic Board will conduct an annual review of its goals and
objectives. The Board will evaluate the goals and objectives of the current calendar year as
required documentation for the Certified Local Government Annual Report to the State Office of
History and Archaeology. This report shall also serve as an annual report to the Kenai City
Council.
After having reviewed the past year's goals and objectives, the Board shall formulate a new list
of goals and objectives for the coming calendar year. This will fulfill its duty to "enhance and
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Preservation Plan
identify the City of Kenai's heritage in a manner that promotes civic pride and to foster an
awareness of where we as people have evolved."
City of Kenai Page 8 of 9
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ATTACHMENTS
A. The National Register of Historic Places Nomination Process ._
B. National Register of Historic Places -Rights of Owners to Comment and/or to Object to
Listing
C. KMC 14.20.105 - Townsite Historic (TSH) Zoning District
D. Land Use Table with Footnotes
E. Development Requirements Table
F. City of Kenai Townsite Historic District Map
G. City of Kenai Historic District Board Membership Roster
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Preservation Plan
Attachment A
Office of History & Archaeology
Alaska Division of Parks & Outdoor Recreation
3601 C St., Suite 1278
Anchorage, AK 99503-5921
(907)269-8721
THE NATIONAL REGISTER OF HISTORIC PLACES
NOMINATION PROCESS
1. Owner or consultant submits to the Office of History and Archaeology (OHA)
completed:
a. nomination form
b. black & white photographs with no labels or markings in ink on them (front or
back)
c. site plan
2. If the property is within one of OHA's Certified Local Governments, the CLG's
preservation commission reviews the nomination:
a. solicits comments on the nomination
b. finds nomination eligible for the register and forwards voting record and
comments to OHA
c. requests more information and forwards voting record and comments to OHA
d. determines the property not eligible for the register and forwards voting record
and comments to OHA
3. Office of History & Archaeology (State Historic Preservation Office) reviews
nomination, particularly for:
a. completeness
b. physical description
c. period of significance
d. level of significance
e. statement of significance
f. historic context
g. special criteria considerations
h. relation to the Alaska Historic Preservation Plan
4. Thirty days prior to the Alaska Historical Commission (state review board) meeting:
a. owner advised of meeting and given opportunity to review and comment on
nomination
b. appropriate local government officials given opportunity to comment on
nomination
5. Alaska Historical Commission (meets three times a year) reviews nomination:
a. recommends it be forwarded to the Keeper of the National Register
b. tables it for additional study
c. determines the property is not eligible for the register
Page 2
6. Owner is advised of the committee's action:
a. concurs
b. disagrees and appeals decision to Keeper of the National Register
7. State Historic Preservation Officer:
a. reviews final nomination package
b. signs nomination
8. Nomination is sent to the Keeper of the National Register, National Park Service,
Washington, D.C. for final review. The Keeper has 45 days to:
a. determine the property eligible and list in register
b. request additional information from the Office of History & Archaeology
c. determine the property not eligible for the register
[3/18/97)
Attachment B
Office of History & Archaeology
Alaska Division of Parks & Outdoor Recreation
3601 C St., Suite 1278
Anchorage, AK 99503-5921
(907) 269-8721
NATIONAL REGISTER OF HISTORIC PLACES
RIGHTS OF OWNERS TO COMMENT AND/OR TO OBJECT TO LISTING
Owners of private properties nominated to the National Register of Historic Places have an
opportunity to concur with or object to listing in accord with the National Historic
Preservation Act and 36 CFR 60. Any owner or partial owner of private property who
chooses to object to listing may submit, to the State Historic Preservation Officer, a
notarized statement certifying that the party is the sole or partial owner of the private
property and objects to the listing. Each owner or partial owner of private property has one
vote regardless of the portion of the property that the party owns. If a majority of private
property owners object, a property will not be listed. However, the State Historic
Preservation Officer shall submit the nomination to the Keeper of the National Register of
Historic Places for a determination of eligibility of the property for listing in the National
Register. If the property is then determined eligible for listing, although not formally listed,
federal agencies will be required to allow the Advisory Council on Historic Preservation an
opportunity to comment before the agency may fund, license, or assist a project which will
affect the property.
If you choose to object to the listing of your property, the notarized objection must be
submitted within thirty (30) days of receipt of this letter to:
Judith E. Bittner, State Historic Preservation Officer
Office of History and Archaeology
Alaska Division of Parks and Outdoor Recreation
3601 C St., Suite 1278
Anchorage, Alaska 99503-5921
If you wish to comment on the nomination of the property to the National Register, please
send your comments to the State Historic Preservation Office within thirty (30) days of
receipt of this letter.
Additional information on the National Register and the federal tax provisions is available
from the above address upon request.
[6/ 19/95]
Office of History & Archaeology
Alaska Division of Parks & Outdoor Recreation
3601 C St., Suite 1278
Anchorage. AK 99503-5921
(907) 269-8721
RESULTS OF LISTING IN THE NATIONAL REGISTER OF HISTORIC PLACES
Eligibility for federal ta.Y provisions: If a property is listed in the National Register certain
federal tax provisions may apply. The Tax Reform Act of 1986 revised the historic
preservation tax incentives authorized by Congress in the Tax Reform Acts of 1984 and
1976, the Revenue Act of 1978, the Tax Treatment Extension Act of 1980, and the
Economic Recovery Tax Act of 1981. The new act maintains a certified rehabilitation
investment tax credit (ITC) for rehabilitating historic commercial, industrial, and rental
residential buildings. The current 20% ITC has a full adjustment to basis. For commercial
buildings built before 1936, there is a 10 % ITC for rehabilitation.
Because tax aspects are complex, individuals should consult legal counsel or the appropriate
local Internal Revenue Service office for assistance. For further information on certification
requirements, please refer to 36 CFR 67.
Consideration in planning for federal, federally licensed, and federally assisted projects:
Section 106 of the National Historic Preservation Act of 1966 requires that federal agencies
allow for the Advisory Council on Historic Preservation to have an opportunity to comment
on all projects affecting historic properties listed in the National Register. For further
information please refer to 36 CFR 800.
Consideration in issuing a surface coal mining permit: In accordance with the Surface
Mining and Control Act of 1977, there must be consideration of historic values in the
decision to issue a surface coal mining permit where coal is located. For further
information, please refer to 30 CFR 700 et seq.
Qualification for federal grants for historic preservation when funds are available:
Presently, funding is unavailable.
[11/7/95]
Attachment C
KENAI MUNICIPAL CODE
TITLE KMC 14.20.105
14.20.105 Townsite Historic (TSHI Zoning District: (a) Intent. The TSH Zoning
District is intended to provide for a mixed, controlled use in a designated area, which will
protect and enhance the historic character of the zone. The goal of the TSH zone is to manage
all new development, reconstruction and alterations within the zone. The intent of the
Townsite Historic Review Board is to enhance and identify the city of Kenai's heritage, to
present this heritage in a manner that promotes civic pride, and to foster an awareness of
where we as a people have evolved.
(b) Historic District Board. A historic district Board will be established to regulate
development within the TSH zone. The following provisions will govern the Board's
activities through the State of Alaska Certified Local Government Program:
(1) The Board will consist of a minimum of seven members with a
demonstrated interest, competence, or knowledge in historic preservation, appointed
for terms of not less than three years. A majority, plus one member must be residents
of the City of Kenai.
(2) To the extent available, three Board members shall be professionals, as
defined by National Park Service regulations, from the disciplines of history,
architecture or architectural history, and archeology.
(3) The Board will meet twice each year or as necessary and conduct
business in accordance with the Open Meeting Laws of Alaska. This includes public
notification of meeting place, time and agendas.
(4) Written minutes of each Board meeting will be prepared and made
available for public inspection.
(c) Historic District Board Duties:
(1) The Board shall make recommendations to the Kenai Planning and
Zoning Commission as to the area of the city to be included within the zone and any
adjustments to the boundaries in the future.
(2) The Board shall review zoning requirements and review all proposed
changes to the zoning law within the TSH Zoning District.
(3) The Board shall schedule a minimum of two meetings annually and
special meetings as requested by the Planning Department to review proposed building
permit applications within the zone or other business considered necessary by the
Planning Department.
(4) The Board shall conduct or cause to be conducted a survey of the
historic, architectural, and archaeological resources within the community. The
survey shall be compatible with the Alaska Heritage Resources Survey and able to be
readily integrated into statewide comprehensive historic preservation planning and
other planning processes. Survey and inventory documents shall be maintained to
protect the site location(s) from possible vandalism. The survey shall be updated
annually. (Ord. 1636-95)
(5) The Board shall review and comment to the State Historic Preservation
Officer on all proposed National Register nominations for properties within the
boundaries of the City. When the TSH Board considers a National Register
KMC 14.20.105 Page 2
nomination which is normally evaluated by professionals in a specific discipline and
that discipline is not represented on the Board, the Board will seek expertise in this
area before rendering a decision.
(6) The Board shall act in an advisory role to other officials and
departments of local government regarding the identification and protection of local
historic and archaeological resources.
(7) The Board shall work toward the continuing education of citizens
regarding historic preservation and the community's history.
(8) The Board will review all building permit applications as well as all
exterior architectural alterations and demolition within the designated zone. The
Board's responsibility will be to provide it's recommendation for approval, denial or
modification to the Planning and Zoning Commission. The guidelines to be followed
by the Board will be designed to preserve the character which typify development in
the zone and provide the basis for preserving the historical character of the zone.
Applications must be accompanied by a schematic drawing of proposed changes
within the zone.
(9) The Board shall develop a local historical preservation plan that will be
compatible with the Alaska State Historic Preservation Plan and produce information
that is compatible with the Alaska Heritage Resource Survey.
(d) Application: An application requiring review in TSH Zoning District shall be
filed with the Planning Department. The TSH zoning district, as located within the bounds
shown on the City of Kenai Official Zoning Map. The application shall contain:
(1) One reproducible copy of the application signed by the applicant and, if
leasing the premises, co-signed by the owner indicating type or nature of business.
(2) Current color photographs of the site and of any existing structures
representing both the overall condition of structures and accurately portraying
materials and color.
(3) Reproducible schematic plans of the proposed construction sufficient to
show building size and layout, exterior elevations, proposed materials and colors.
(4) A landscaping and site plan complying with KMC 14.25 and the
development criteria of this chapter drawn to scale showing the existing structure and
all proposed alterations and additions in relation to the site.
(e) Development Criteria. The development criteria is intended to provide for a
district in which residential and business enterprises cohabit-habitat as a desirable and
compatible use. All proposed construction, renovation, demolition, or alteration shall:
(1) Encourage, whenever possible and compatible with historic character
of the TSH zone, foot traffic; restaurants, gift shops, parks, etc.; indigenous Kenai
Peninsula flora; wooden structures including log style with soft colored or natural
sidings.
(2) Discourage uses which will violate the historic and scenic quality of the
TSH zone; buildings and building additions that are not compatible with adjacent
buildings or which violate the existing character and scale of the district.
(3) Specific structures and activities which will not be allowed, but are not
KMC 14.20.105
limited to:
Page 3
(a) Buildings with "modern design style of architecture" that have
no historical correlation with the district;
(b) Multiple family residences (excluding duplexes);
(c) Gas stations;
(d) Auto repair shops;
(e) Rental storage of any kind;
(f) Kennels or similar uses;
(g) Livestock, Stables, Commercial horseback riding;
(h) Auto body and paint shops;
(4) Commercial buildings are limited to a total area of no more 5,000
square feet per story. Any individual unit within the structure may be of no more than
2,500 square feet, except that the Commission may allow a larger individual unit if it
is determined to be compatible with the zone.
(5) Metal-sided buildings may be allowed if the Commission determines
they are compatible with the zone.
(f) Criteria for determining acceptable use shall include, but not be limited to the
following:
(1) All alterations to existing structures should be performed so as to
preserve the historical and architectural character of the TSH zoning district.
(2) The distinguishing original qualities or character of a building,
structure, or site in its environment shall not be destroyed. The removal or alteration
of any historic material or destruction of architectural features cannot be done without
approval.
(3) Changes which may have taken place in the course of time are evidence
of the history and development of a building, structure, or site, and its environment.
These changes may have acquired significance of their own, which should be
recognized and respected.
(4) Landscaping requirements according to City of Kenai as required by
KMC 14.25.
(5) All exterior construction must be completed within a year of date of
approval.
(g) Existing structures: All structures existing prior to the enactment of this
ordinance will be allowed to continue in their present form and use. In the event of loss of the
existing structure due to demolition, fire or natural causes, the structure may be rebuilt with
the following requirements:
(1) The structure to be rebuilt must conform to the previously existing
structure in terms of size, shape and location unless the Commission determines the
new structure is more compatible with the intent of the TSH zone.
(2) The use of the new structure must be the same as the use of the
previous structure.
(3) Application for reconstruction of the structure must be made to the
Planning Department within one year of the date of loss due to demolition or damage.
KMC 14.20.105 Page 4
(4) Reconstruction of the structure must be complete within two years of
the date of the loss due to demolition or damage.
(5) If applicant wants to rebuild, other than apre-existing structure, the
existing structure provisions as stated above are not applicable.
(h) Criteria for designation of landmarks to be included in the TSH:
(1) Its age -approximately fifty years old.
(2) Its character, interest or value as part of the development, heritage, or
cultural characteristics of the city of Kenai.
(3) Its location as the site of a significant historic event.
(4) Its identification with a person or persons who significantly contributed
to the culture and development of the city of Kenai.
(5) Its distinguishing characteristics of an architectural type.
(6) Its relationship to other distinctive areas that are eligible for
preservation according to a historical, cultural, or architectural criteria.
(i) Uses.
(1) Principal Permitted Uses as allowed in Land Use Table.
(2) Conditional Uses: As allowed in the Land Use Table and subject to the
provision of this chapter.
1. Such uses must be similar to principal uses permitted in the zone.
2. Such uses must be in harmony with the intent of the zone.
(j) Review process. Upon submittal of an application, the Planning Department
shall schedule the application for review by the TSH Zoning District Review Board at the
following appropriate meeting. The Board shall make a recommendation regarding the permit
application to the Planning and Zoning Commission. The Board's recommendation shall be
based upon the development criteria in this section and all other pertinent provisions of the
Kenai Municipal Code.
(k) Signs. Signs shall be as allowed as set forth in KMC 14.20.2200. (Ord.
1727-96)
(1) Penalties. Penalties for non-compliance with this Chapter shall be as set forth
by KMC 14.20.260.
(m) Definitions.
1. Alteration-Any act or process that changes one or more of the exterior
architectural features of a structure, including, but not limited to, the erection,
construction, reconstruction, or removal of any structure which requires a building
permit.
2. Construction-The act of adding an addition to an existing structure or
the erection of a new principal or accessory structure on a lot or property which
requires a building permit.
3. Demolition-Any act or process that destroys in part or in whole a
landmark or a structure within a historic district.
KMC 14.20.105
Page 5
4. Certified Local Government-A local government "that has been certified
to carry out the purposes of section 1 O1(b) of the National Historic Preservation Act."
(Ord. 1637-95)
5. Historic District-An area designated as a "historic district" by ordinance of
the City Council, which contains within definable geographic boundaries, one or more
landmark and which may have within its boundaries other properties or structures that,
while not of such historic and/or architectural significance to be designated as landmarks,
nevertheless contribute to the overall visual characteristics of the landmark or landmarks
located within the historic district.
6. Historic Preservation-The act of adopting regulations and restrictions for
the protection and preservation of places and areas of historical and cultural importance
to the Kenai.
7. Landmark-A property or structure designated as a "landmark" by
ordinance of the City Council, pursuant to procedures prescribed herein, that is worthy of
rehabilitation, restoration, and preservation because of its historic and/or architectural
significance to the city of Kenai.
8. New Development-Any development which requires a building permit.
9. Reconstruction-The action of returning a structure to original state.
10. Relocation-Any relocation of a structure on its site or to another site.
11. Renovation-To restore to a former better state (as by repairing or
rebuilding).
12. Site plan-Schematic drawing complying with the development criteria of
this chapter and drawn to scale showing proposed structure in relation to the site.
(Ord. 1133, 1527-93, 1567-93)
KEY: P =Principal Permitted Use
C =Conditional Use
S =Secondary Use
N =Not Permitted
LAND USE TABLE
Table 1 of 3
Attachment D
NOTE: Reference footnotes
on following pages for
additional restrictions.
ZONING DIST1tICTS
LAND USES C RR RRl RS RSl RS2 RU CC CG IL III R TSH
RESIDENTIAL
One Family Dwelling C18 P P P P P P S S' SZ Sz P P
Two/Three Family Dwelling C18 P P P P P P S S' C C P P
Four Family Dwelling C1e P C' P N N P S S' C C C P
Five/Six Family Dwelling C18 C3 N P N N P S S' C C C P
Seven or More Family
Dwelling C1e C' N C' N N P S S` C C C P
Townhouses' C18 C C C C C C C C C C C C
Mobile Home
Parks 6 N C C C C C C C C C C C N
Planned Unit Residential
Development' C'R C C C C C C C C C C C C
COMMERCIAL
Automotive Sales N C C19 N N N C P P P P N N
Automotive Service Stations N C C" N N N C P P P P C N
Banks N C C19 C N N C P P P C C C
Business/Consumer Services N C C19 C N N C P P P C C C
Hotels/Motels N C C19 C N N C P P P C C P
Professional Offices N C C19 C N N P P P P P C p
Restaurants N C C19 C N N C P P P C C C
Retail/Wholesale Business N C C19 C N N C P P P P C C
Theaters/
Commercial Recreation N C C19 C N N C P P C C P C
S72-02116/98 Title 14 - 65 CITY OF KENAI
LAND USE TABLE
KEY: P =Principal Permitted Use NOTE: Reference footnotes on
C =Conditional Use following pages for additional
S =Secondary Use Table 2 of 3 restrictior
N =Not Permitted
ZONING DISTRICTS
LAND USES C RR RRl RS RS1 RS2 RU CC CG IL IH R TSH
INDUSTRIAL
Airports and
Related Uses P C C19 C19 N N C P P P P C N
Automotive Repair/
Tire Recapping/
Rebuilding N C C19 C19 N N C P P P P N N
Gas Manufacture/
Storage N N C19 C" N N N N N C9 C9 N N
Manufacturing/
Fabricating/
Assembly/Storage N C C C N N C C P P P C C
Warehouses N C C19 C N N C C P' P P C N
PUBLIC/
INSTITUTIONAL
Charitable Institutions C C C C C C P p p p p C ~
Churches C p10 pro pio pio pio pio pio pro C C P10 P
Clinics C C C C C C C P P P C C C
Colleges C C C C C C C P P C C C C
Elementary Schools C C C C C C C P P C C C C
Governmental Buildings C C C C C C C P P P C C C
High Schools C C C C C C C P P C C C C
Hospitals C C C C C C C P P P C C C
Libraries C C C C C C C'Z P P P C C P
Museums C C C C C C C P P P C C P
Parks and Recreation P S S S S S S P P S S P P
Sanitariums C C C C C C C C C C C C C
S72-02/ 16/98 Title 14 - 66 CITY OF KENAI
KEY: P =Principal Permitted Use
C =Conditional Use
S =Secondary Use
N =Not Permitted
LAND USE TABLE
Table 3 of 3
NOTE: Reference footnotes on
following pages for additional
restrictions.
ZONING DISTRICTS
LAND USES C RR RRI RS RSl RS2 RU CC CG IL IH R TSH
MISCELLANEOUS
Animal Boarding " C C C C C N N C C C C C N
Bed & Breakfasts C C C C C C C C C C C C C
Cabin Rentals C C C C N N N P P P C C P
Cemeteries C C C C N N N C C C C C C
Crematories N C N C N N C C C C C C C
Day Care Centers 1z C C C C C C C C C C C C C
Dormitories/
Boarding Houses C C C C C C P S' S C P C C
Essential Services P P P P P P P P P P P P P
Farming/Gardening/
General Agriculture P P P P P P P P P P C P P
Greenhouses/Tree
Nurseries " C C C C C C C P P P C C C
Assemblages 15
(Large: Circuses, Fairs,
etc.) C C C C C C C P15 P15 P15 P15 C P
Lodges/Fraternal
Organizations N C C C C C C P P P C C P
Nursing, Convalescent or
Rest Homes N C C C C C C P P C C C C
Parking, Off-Street P P P P P P P P P P P P P
Parking, Public
~~u C C C C C C C C C C C C C
Private Clubs N C C C C C C P P C C S C
Radio/TV Transmitters/
Cell Sites P P C C C C C P P P P C C
Recreational Vehicle Parks C C C C N N C C C C C C C
Social Halls N C C C C C C P P C C C C
Subsurface Ext-
raction of Natural
Resources 16 C C C C C C C C C C C C N
Surface Extraction of
Natural Resources " C C C C N N C C C C C C N
Union Halls N C C C C C C P P P C C C
LAND USE TABLE 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 square footage in area must be approved by the Commission;
(c) Yards around the site, off-street parking, and other development
requirements shall be the same as for principal uses in the RR zone;
(d) Water and sewer facilities shall meet the requirements of all
applicable health regulations;
(e) The proposed dwelling group will constitute a residential area of
sustained desirability and stability; will be in harmony with the character of the
surrounding neighborhood, and will not adversely affect surrounding property
values;
(fj 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.
S72-02/ 16/98 Title 14 - 69 CITY OF KENAI
(10) Provided that no part of any building is located nearer than thirty (30) feet to
any adjoining street or property line.
(11) Allowed as a conditional use, provided that no part of any building is located
nearer than thirty (30) feet to any adjoining street or property line and provided further that
the proposed location and characteristics of the use will not adversely affect the commercial
development of the zone.
(12) Allowed as a conditional use, provided that the following conditions are met:
(a) The proposed location of the use and the size and characteristic of the
site will maximize its benefit to the public;
(b) Exits and entrances and off-street parking for the use are located to
prevent traffic hazards on public streets.
(13) Allowed as a conditional use, provided that setbacks, buffer strips, and other
provisions are adequate to assure that the use will not be a nuisance to surrounding
properties. The Commission shall specify the conditions necessary to fulfill this
requirement.
(14) Allowed as a conditional use, provided that no indication of said use is
evident from the exterior of the mortuary.
(15) Allowed, provided that the following conditions are met:
(a) An uncleared buffer strip of at least thirty (30) feet shall be provided
between said use and any adjoining property in a residential zone.
(b) Exits and entrances and off-street parking for the use shall be located
to prevent traffic hazards on the public streets.
(16) See "Conditional Uses" section.
(17) See "Conditional Use Permit for Surface Extraction of Natural Resources"
section.
(18) Conditional Use allowed only on privately held property. Not allowed on
government lands.
(19) Allowed as a conditional use provided that ingress and egress from the
property is from the Kenai Spur Highway.
S72-02/16/98 Title 14 - 69 CITY OF KENAI
Attachment E
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ADDITIONA RF(,~ TiL _RFMFJ~S;
Yards for Corner Lot : The minimum side yard on the street side, or platted right-
of-way, or government easement, of a corner lot shall be the same as the minimum front
yard required for that zone. (Ord. 1635-95)
Height Limitation of Structures Near Ai or : All structures in aircraft-approach
zones and within 8,000 feet of the main runway shall be subject to height limitation on the
basis of obstruction criteria as shown on a map entitled "Obstruction Criteria, " on file with
the airport manager.
569-09/01/95 i e - CITY OF KENAI
city of
Historic
Kenai
Distric
Attachment F
HISTORIC DISTRICT BOARD
Meets Third Monday of Each Month
7:00 p.m.
Kenai Council Chambers
i
Dorothy V. Gray
193 Trumpeter Avenue
Soldotna, AK 99669 262-6714 (home) 262-9805 (work)
Cecelia Richard
P.O. Box 188
Kenai, AK 99611 283-5733 (home) 283-7977 (work)
Ethel Clausen
P.O. Box 2815
Kenai, AK 9611 283-9094 (home) 262-5801 (work)
Bill Kluge
P.O. Box 364
~ Kenai, AK 99611
Gloria J. Wik
P.O. Box 2444
Kenai, AK 99611
283-4578 (home) 283-3698 (work)
283-3338 (home) 262-7111 (work)
Kenai, AK 99611 283- (home)
Ad Hoc: Councilman Joe Moore
Alternate: Councilman Duane Bannock
Contract Secretary: Barbara L. Roper
P.O. Box 4234
Soldotna, AK 99669
(work)
(262-6577)
Attachment G
2000
2000
2000
2001
1999
1999
1999
(6/ 1/98)
~CL
CITY OF KENAI
~ 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794
TELEPHONE 907-283-7535
_ _ FAX 907-283-3014 ~
~~nnar
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1992
June 15, 1998
Reean D. Pitts
Spur Road One Stop
5455 Kenai Spur Highway
Kenai, AK 99611
RE: PZ98-08-VARIANCE PERMIT (OVERSIZE SIGN~Lots 6, 7, & 8, Block 3,
Thompson Park Subdivision
Dear Ms. Pitts:
An inspection of the signage at the One Stop was conducted to certify that you are in compliance
with the approved variance. It appears that your current sign is out of compliance by
approximately 20 feet. The banner-type sign that you have hung off the side of the permanent
sign is causing this violation. This banner needs to be removed from the permanent sign.
There are two options you could use if you want to display this banner. One would be to relocate
it and attach it to the side of the building. The other would be to display it on the fuel pump
canopy structure.
If you have questions about this, contact me at 283-7537.
ely,
.~
Robert C. Springer
Building Official
RS/mk
~~
AGENDA
KENAI CITY COUNCIL -REGULAR MEETING
JUNE 17, 1998
7:00 P.M.
KENAI CITY COUNCIL CHAMBERS
http:/ /www.Kenai.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
/~~i,~e~ G(. 1. Ordinance No. 1785-98 -Finding That Certain City-Owned Land
Described as Lots 1-6, Block 1 and Lots 1-7, Block 2, Five Irons Heights
Subdivision, is Not Required for a Public Purpose and Can Be Sold, and
That Land and Water Conservation Restrictions Be Converted to
Substitute Land.
~`~'~~~ ~ 2. Ordinance No. 1786-98 -Appropriating $60,000 for Design Services for
~~'~~ ~ the Challenger Learning Center of Alaska in the Challenger Capital
~~ ~~ ' Project Fund.
~~~~ ~ 3. Resolution No. 98-39 -Transferring $1,400 in the Streets Department
for Curb Repair.
~0~,~~ ~l. 4. Resolution No. 98-40 -Granting Authorization to Participate in the
Edward Byrne Memorial State and Local Law Enforcement Assistance
Drug Control and System Improvement Formula Grant (Commonly
Known as the Byrne Grant).
/GZ~G~ C~ 5. Resolution No. 98-41 -Transferring $1,800 in the General Fund for
Microfilm Conversion.
-1-
~~~ Gl 6. Resolution No. 98-42 -Transferring $3,000 in the Buildings
Department for Lighting Replacement in the Fire Department Apparatus
Room.
~~ Gf • 7. Resolution No. 9.8-43 -Awarding the Bid for KPSB Fire Department
Apparatus Room Lighting Replacement - 1998 to Kachemak Electric, Inc.
for a Total Amount of $17,998.
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. MINUTES
1. *Regular Meeting of June 3, 1998.
2. *Special Meeting of June 10, 1998.
F. CORRESPONDENCE
G. OLD BUSINESS
H. NEW BUSINESS
~/~J~'~'~''`~~ 1. Bills to be Paid, Bills to be Ratified
~~~®~~ 2. Purchase Orders Exceeding $2,500
3. *Ordinance No. 1787-98 -Replacing the Current Kenai Municipal Code
Development Requirements Table, Its Footnotes and Addendum.
4. *Ordinance No. 1788-98 -Amending Kenai Municipal Code, Chapter
6.05, Entitled Voting Qualifications and Procedures.
-2-
~~l~~Oy~ 5. Approval -Lease Renewal -Office and Ticket Counter Space #28/29 -
SouthCentral Air, Inc.
~ ~~i?7Y~ 6. Approval -Lease Renewals -Office and Ticket Counter Spaces 32/33
and 34/35 -- ERA Aviation, Inc.
7. Approval -Petition to Vacate the 33 Foot Wide Easements for Public
Right-of--Way and Utility Purposes Wtihin the Southerly 33 Feet of
Government Lot 24, and Within the Northerly 33 Feet of Government
Lots 44 and 45; All Within Section 34, T6N, R11W, Seward Meridian,
Alaska; Kenai Recording District and Within the City of Kenai. The
~ Easements Were Granted by BLM Patents; KPB File -98-090.
/ice
~~~ yx,(~! 8. Discussion -Site Consideration/Kenai Public Health Center.
9. Discussion -Cunningham Park/Kenai River Classic.
10. Discussion -Sale of Dairy Queen
I. ADMINISTRATION REPORTS
1. Mayor
2. City Manager
3. Attorney
4. City Clerk
5. Finance Director
6. Public Works Director
7. Airport Manager
J. DISCUSSION
1. Citizens (five minutes)
2. Council
EXECUTIVE SESSION -None Scheduled.
K.
-3-
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KENAI PENINSULA BOROUGH
PLAT COMMITTEE
~
BOROUGH ADMINISTRATION BUILDING
~~,'~~
~
PLANNING DEPARTMENT
~"~
SOLDOTNA, ALASKA J(~~
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June 22, 1998 5:30 P.M.
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Tentative Agenda MfiMr
A. CALL TO ORDER
Members:
Philip Bryson B• ROLL CALL
Kenai City
Term Expires 1999 C. APPROVAL OF AGENDA ,EXCUSED ABSENCES, AND
wes Coleman MINUTES
Soldotna city
Term Expires 1999
1. Agenda
Leroy Gannaway
Homer City
Term Expires 1999 2. Member/Alternate Excused Absences -None
Ann whitrrwre-Painter
Moose Pass Area 3. Minutes
Term Expires 2000
a. June 8, 1998 Minutes
~ ALTERNATES:
D• CONSIDERATION OF PLATS
wa ne ca
y reenter
seward city
Term Expires 1999 1. Centennial Estates; Tustumena Road
Brent Johnson Preliminary; Swan Surveying
KasilofArea KPB File 98-112
Term Expires 2000
Tom Krrock
Cooper Landing 2. Memory Estates
Term Expires 1999 west side of Cook Inlet, south of Salmon Lake
Revised Preliminary; Swan Surveying
KPB File 98-144
3. Longmere Estates Zimco Replat
Sterling Highway, Murray Lane
Revised Preliminary; Integrity Surveys
KPB File 98-063
4. Sterling Estates Fellman Replat
Sterling Highway, west of Jim Dahler Road
Preliminary; Integrity Surveys
KPB File 98-123
1
5. Rozak Stariski Creek S/D
Sterling Highway, north of Stariski Creek
Preliminary; Johnson Surveying
`~; KPB File 98-118
~'4 6. Noble Acres No. 3
~' •f''i Shady Lane, Happy Creek
Preliminary; David M. Bear
KPB File 98-119
7. Ravenwood S/D
Skyline Drive/West Hill 8~ Diamond Ridge Road
Preliminary; Roger Imhoff
KPB File 98-121
E. ADJOURNMENT
The next regularly scheduled Plat Committee meeting is July 13, 1998 at
5:30 p.m. in the Planning Department at the Borough Administration
Building in Soldotna.
2
KENAI PENINSULA BOROUGH PLANNING COMMISSION
ASSEMBLY CHAMBERS
BOROUGH ADMINISTRATION BUILDING
144 NORTH BINKLEY
SOLDOTNA,ALASKA
June 22, 1998 7:30 P.M.
Tentative Agenda
A.
John Hammelmar-
Chairman B•
Areawide
Tent Expires 1999 C.
Philip Bryson
Vice Chairman
xenai c;ty
Term Expires 1998
Ann Whitmore-Painter
Parliamentarian
Moose Pass Area
Tenn Expires 2000
Peggy G. Boscacci
PC Member
Seldovia City
Term Expires 2000
~ Wayne Carpenter
Pc Member
Seward City
Term Expires 1999
Robert Clutts
PC Member
Anchor Point
Term Expires 1998
Wes Coleman
PC Member
soldoma c;ty
Tenn Expires 1999
Leroy Gannaway
PC Member
Homer City
Tenn Expires 1998
Ellis Hensley, Jr.
PC Member
Nikiski
Tenn Expires 1999
Brent Johnson
PC Member
Kasilof Area
Term Expires 2000
Tom Knock
PC Member
Cooper Landing
Tenn Expires 1998
CALL TO ORDER
ROLL CALL
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APPROVAL OF REGULAR AGENDA AND ADOPTION OF CONSENT
AGENDA
All 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. Chakok River Homesites Unit Z
KPB File 88-006 [Mullikin Surveys]
Location: Chakok River north of North Fork River and
North Fork Road
2. Plats Granted Administrative Approval
3. Plats Granted Preliminary Approval under 20.04.070 -None
4. Plat Amendment Requests -None
5. Coastal Management Program
a. Coastal Management Program Consistency Reviews
1) Timber Harvest; Clam Gulch; Circle De Pacific
Corporation; KK98-09
2) Oil and Gas Drilling; Chuitna; Anadarko Petroleum
Corporation; AK 9805-020G
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b. Conclusive Consistency Determinations Received from
DGC -None
c. Administrative Determinations -None
6. KPBPC Resolutions -None
7. Commissioner Excused Absences
a. No excused absences requested.
8. Minutes
a. June 8, 1998 Plat Committee Minutes
b. June 8, 1998 Planning Commission 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. UNFI1~tISHED BUSINESS
1. Petition to Vacate 2 '/z feet of the Ten Foot Utility Easement within
the easterly ten feet of Lot 9, Block 4, forest Park S/D Part 1;
within the City of Soldotna; KPB File 96-190; carried forward from
December 16, 1996
2. Public Hearing Continuation; Petition to vacate public right-of--way
and utility easement within Gov't Lot 2, Sec 18, TSN, R11W,
S.M., AK; right-of--way is also known as Old Cannery Road; KPB
File 98-071; carried forward from May 11, 1998
F. PUBLIC HEARINGS
1. Petition to vacate portion of Eider Avenue between Lot 1, Block 6,
and Lot 10-A, Block 5, Birch Side Acres S/D Unit 4 Amended;
Section 11, T6S, R13W, S.M., Alaska; within Kachemak City;
KPB File 98-114
2. Petition to vacate portion of Barwell Street adjacent to Lot 24,
Block 3, Bay View Addition to Seward; Sec 4, T1S, R1W, S.M.,
Alaska; within Seward City Limits; KPB File 98-107
3. Petition to vacate Ollie Street between Bernice Avenue and Ruth
Avenue within Murwood Estates and Murwood Ranch
Subdivisions; Section 22, TSN, R11W, S.M., Alaska; west of
z
Kalifornsky Beach Road; north of Murwood Avenue; KPB File 98-
106
4. Petition to classify approximately 15.71 acres f of Borough land
located in the Nikiski area on Parson's Lake as Recreational,
pursuant to KPB Code of Ordinance, Chapter 17.10.080(F).
Petitioner: George 7. Spracher, President of the American
Merchant Marine Veterans; Alaska Greatlands Chapter
Land Use Permit for a Gravel Site; S1/2 SW1/4 and NE1/4SW1/4,
TSS, R12W, Section 30, S.M.; Homer Area; Stark
6. Ordinance 98-22: Accepting and Appropriating a Grant of $55,000
from the State of Alaska for a Kenai River Access Study and
Management
7. Ordinance 98-23: Placing on the Ballot the Question of Borough
Nonareawide Trail Powers, Adopting an Ordinance Affecting
Those Powers, and Establishing a Trails Commission
8. Ordinance 98-24: Accepting and Appropriating a Grant of $67,370
from the State of Alaska for the Kenai Peninsula Borough Coastal
Management Program
9. Ordinance 98-25: Establishing a Senior Clerk Typist-Planning-and
Appropriating $3,400 from the General Fund for Associated Office
Furnishings
10. Ordinance 98-28: Adopting a Decertification Program for Road
Maintenance by Amending KPB 14.06
G. VACATIONS NOT REQUIltING A PUBLIC HEARING
1. Petition to vacate ten foot utility easement centered on line
common to Lots 1 and 2, Block One, Southern Bluff Acres S/D
No. 2; Sec 26, TSN, R10W, S.M., AK. East of Soldotna City
Limits.
H. SPECIAL CONSIDERATIONS
Request for Planning Commission Reconsideration; Public Hearing;
Petition to vacate section line easement associated with Bolstridge
S/D Lot 1 & McFarland S/D Lot 1; sec 17 & 18, TSN, R8W,
S.M.,Alaska; Requesting reconsideration of Planning Commission
motion to postpone for approximately two years; KPB File 98-088
2. Deitz Home Estates No. 5 Addition No. 1 Amended, Lot 1;
Building Setback Exception; KPBPC Resolution 98-27; KPB File
98-120
3. Forest Acres S/D Lot S; Time Extension Request
City of Seward; KPB File 96-257 [Terry Eastham]
I. CONSIDERATION OF PLATS
1. Seven plats are scheduled for review by the Plat Committee.
7. KENAI RIVER HABITAT PROTECTION (KPB 21.18)
1. Conditional Use Permit Pursuant to KPB 21.18 for the construction
of a 12 foot by 24 foot garage within 50 feet of ordinary high water
of the Kenai River; Project is located on Lot 2, Block 1, Kenai
Keys Amended Subdivision, Section 35, TSN, R8W, S.M., River
Mile 43.5, right bank; KPB Parcel No. 065-250-02; Marvin E. &
Ardis M. Stratton
K. COASTAL MANAGEMENT PROGRAM CONSIDERATIONS
1. Cook Inlet Areawide Oil and Gas Lease Sale; Preliminary Best
Interest Finding; Department of Natural Resources, Division of Oil
and Gas
L. OTHER/NEW BUSINESS
1. Prior Existing Use for a Sand, Gravel or Material Site Determination;
near Kasilof; Straka
2. Prior Existing Use for a Sand, Gravel or Material Site Determination;
near Ninilchik; Buzunis
3. Prior Existing Use for a Sand, Gravel or Material Site Determination;
near Anchor Point; Hoops
M. ASSEMBLY COMMENTS
N. DIRECTOR'S COMMENTS
O. COMMISSIONER COMMENTS
P. PENDING ITEMS FOR FUTURE ACTION
1. Creekwoods Park S/D Tract A -Building Setback Exception;
a
KPBPC Resolution 97-45: Granting an exception to the twenty foot
building setback limit for a portion of Tract A, Creekwoods Park S/D
(Plat 86-100 HRD); Sec Z0, T2S, R14W, S.M., Alaska. Located
North of Happy Valley; KPB File 97-233; carried forward from
October 13, 1997
Postponed until additional information is provided.
2. Public Hearing; Petition to vacate portion of Bay Ridge Road
bounded on southwest by Lot 3; on the northeast by Lots 1 and 2,
Emerald I~ighland Estates Unit 4 (Plat 78-128 HRD); within Sec 13,
T6S, R14W, S.M., AK. North of Homer, west of West Hill Road;
KPB File 98-010; carried forward from January 26, 1998
Postponed until brought back to the Commission by staff.
3. Public Hearing; Reclassification of a 10-acre Parcel of Borough Land
in the Cooper Landing Area from Residential to Preservation;
Described as Tract A, Sunrise Conceptual Plan; Carried forward from
March 23, 1998
Postponed to November 9,1998.
4. Public Hearing; Petition to vacate the section line easement within
Sections 7 & 18; all within TSN, R11W, S.M., AK; partially within
City of Kenai; KPB Files 98-071 & 98-075; carried forward from May
11, 1998.
Postponed to November 9, 1998.
5. Pemut Application for a Sand, Gravel or Material Site; Anchor Point;
Clif Shafer, carried forward from June 8, 1998.
Postponed until the Coastal Management Program consistency
review is re-started and concluded.
Q. ADJOi:1RNMENT
The Plat Committee will meet on June 22, 1998 at 5:30 p.m. in the Planning
Department (top floor) of the Borough Administration Building in Soldotna.
FUTURE MEETINGS
PLAT COMMITTEE
The next regulazly scheduled meeting of the Plat Committee is July 13, 1998 at 5:30
p.m. in the Planning Department (top floor) of the Borough Administration Building
in Soldotna.
PLANNING COMMISSION
The next regularly scheduled Planning Commission meeting is July 13, 1998 at
7:30 p.m. in the Assembly Chambers of the Borough Administration Building,
Soldotna.
MISCELLANEOUS INFORMATIONAL ITEMS
NO ACTION REQUIItED
June 8, 1998 Memo from Holly Montague, Assistant Borough Attorney,
Regarding Ex Parte Contact
2. Notice of KPB Assembly Public Hearing; Proposed Expansion of Central
Peninsula Fire Service Area
3. Resolution 98-046: A Resolution Affirming the Decision of the Assembly
to Grant the Amended appeal of the Planing Commission's Denial of a
Petition to Vacate a Utility Easement as Filed by Mark Clemens
PLANNING DEPARTMENT
Phone: 907-262-4441, extension 260
Phone: toll free within the Borough 1-800-478-4441, extension 260
Faz: 907-262-8618
e-mail address: planning@borough.kenai.ak.us
web site: www.borough.kenai.ak.us/Planning.htm
OTHER MEETINGS
KPB Trails Commission June 16
Anchor Pont Advisory Planning Commission July 7
Funny River Advisory Planning Commission July 13
,.,~ r ~
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1 {~ ~ ~`'~
.'~` ~ { ~~~~ ~ ~ J ~3 ~ ~~ ~ U 1., fI~ tONY KNOWLES, Ga . .
3132 CHANNEL DRIVE
JUNEAU, ALASKA 99801-7898
DEPARTMENT OF TRANSPORTATION PHONE: (90~ 46,5.4070
AND PUBLIC FACILITIES FAX.• ~ (90~ 465-692
DI VISION OF STATEWIDE PLANNING
June 4, 1998
Dear Fellow Alaskan:
It is time to start building the 2000-2002 Statewide Transportation Improvement Plan (STIP); the
spending plan for improvements to Alaska's highway system. The process for preparing the STIP
will be very similar to the process we used to develop the current 1998-2000 STIP. With this letter
we request your help with the first step of the process.
Community projects and transportation enhancements are evaluated and scored using project
evaluation criteria. Projects are scheduled for funding based primarily on score. That is, highest
scoring projects are scheduled before lower scoring projects.
Projects are grouped and evaluated under one of the following sets of criteria:
1. Alaska Marine Highway Project Evaluation Criteria
2. Remote Roads and Trai1_s Project Evaluation Criteria
3. Rural and Urban Streets and Roads Project Evaluation Criteria
4. TRAAK (Trails and Recreational Access for Alaska) Project Evaluation Criteria
Transit Project Evaluation Criteria
Enclosed for your review and comment are the proposed evaluation criteria for 2000-2002 STIP. No
substantive changes are included, as we have received very few complaints about the ability of the
criteria to advance deserving projects. Please send any comments concerning the project evaluation
criteria you may have by June 26, 1998. If you have any questions please call Jim Scholl, or me toll
free at 1-888-752-6368.
,',~y`'
Enclosures:
Brigham
Alaska Marine Highway Project Evaluation Criteria
Remote Roads and Trails Project Evaluation Criteria
Rural and Urban Streets and Roads Project Evaluation Criteria
TRAAK Project Evaluation Criteria
Transit Project Evaluation Criteria
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Memorandum
Date: 6/18/98 '~
To: Planning & Zoning Commission
From: Marilyn Kebschull, Administrative Assistant
RE: Kenai Peninsula Borough Trail Plan & Preliminary List
This information is being provided as an information item. Please review the draft.
I will schedule this item for discussion at your July 22°d meeting so that any
comments can be forwarded to the Borough prior to July 31St
Note: Due to copier problems, I will hand carry the KPB Trail Plan to you
Wednesday night.
KENAI PENINSULA BOROUGH
144 N. BINKLEY SOLDOTNA, ALASKA 99669-7599
,A BUSINESS (907) 262-4441 FAX (907)262-1892
MIKE NAVARRE
MAYOR
June 11, 1998
City of Kenai
210 Fidalgo, Suite 200
Kenai, AK 99611
RECEIVED
,~ ~ z is9s
CITY OF KENAI
Attention: Jack LaShot
Enclosed are several copies of the Public Review Draft of the Kenai Peninsula Borough
Trails Plan. The plan outlines major trail issues in the Kenai Peninsula Borough (KPB)
and recommends Borough policies and actions to address those issues. A Preliminary
Trail Needs List is attached to the plan. This list was prepared to begin identifying
specific trail actions and improvements that are priorities for Borough communities.
Please make at least one copy available to the public. Additional copies may be
distributed as you see fit. Comments on the Public Review Draft of the Kenai Peninsula
Borough Trail Plan will be accepted through July 31, 1998. Pre-addressed comment
forms for both documents are enclosed.
Additional copies of the Public Review Draft Trail Plan and Preliminary Trail Needs List
may be obtained by calling the Kenai Peninsula Borough Planning Department at (907)
262-4441, extension 260 or 261, or toll-free within the Borough at 1-800-478-4441,
extension 260 or 261. Both documents are also available on the Internet at
www. bo rough. kenai.ak. us.
Thank you for your assistance.
Sincerely, ' ~`, // `'~:.
~, ~~ ,
i ~ ',; ~
~,~_~
Spahn
Planner
KENAI PENINSULA BOROUGH
144 N. BINKLEY ~ SOLDOTNA, ALASKA ~ 99669-7599
BUSINESS (907) 262-4441 FAX (907)262-1892
.~ ' ~^~.
MIKE NAVARRE
MAYOR
June 4, 1998
Thank you for your interest and participation in trail planning in the Kenai Peninsula
Borough. Enclosed is a Public Review Draft of the Kenai Peninsula Borough Trails Plan.
The plan outlines major trail issues in the Kenai Peninsula Borough (KPB) and
recommends Borough policies and actions to address those issues.
A nine-member KPB Trails Commission was formed in May of 1997 for the purpose of
identifying community trails and trail needs, and planning expanded trail access
throughout the borough, and examining conflicts associated with trail use. The Trails
Commission held monthly public meetings in communities throughout the Borough from
September 1997 through April 1998 to gather public input and identify trails of
community importance. Public meetings were held in Soldotna, Seward, Homer, Nikiski,
Cooper Landing, Hope, and Seldovia. In addition, several work sessions were held in
Soldotna. All meetings were advertised in local newspapers and open to the public.
Information and comments were solicited from individual trail users, property owners,
trail organizations, and community groups regarding the location of important
community trails, concerns regarding the use, maintenance, and management of trails,
and proposals for trail improvements or expansion. Land managers from State and
Federal Agencies, and Native Corporations were also actively involved in Trails
Commission meetings and discussions.
Comments on the Public Review Draft of the Kenai Peninsula Borough Trail Plan will be
accepted through July 31, 1998. For your convenience, pre-addressed comment forms
aze provided in the back of the Plan.
You may mail written comments to:
Kenai Peninsula Borough
Planning Department
144 N. Binkley St.
Soldotna, AK 99669
or fax comments to:
262-8618
or a-mail comments to:
planning@borough.kenai.ak.us
Also enclosed is a Preliminary List of Trail Needs in the Borough communities. The
Preliminary Trail Needs List was prepazed to begin identifying specific trail actions and
improvements that aze priorities for Borough communities. This preliminary accounting
is not part of the Borough Trail Plan at this time. The preliminary list will be used to
prepare an Annual Trail Needs and Priorities List which will be appended to the Trail
Plan upon Assembly approval.
Thank you for your interest in trails in the Kenai Peninsula Borough. The members of
the Trails Commission and I look forwazd to hearing from you.
Si erely,
f I
1 ~/ ~~
1
Mazgaiazet Spahn
Planner
ACKNOWLEDGEMENTS
The following plan was prepared by the Kenai Peninsula Borough Trails Commission, with staff assistance
from KPB Planning Department, and the Rivers, Trails, and Conservation Assistance Program of the
National Pazk Service. The volunteer members of the Trails Commission have dedicated many hours of
research, community outreach, and discussion in an effort to address the major trait issues in the Kenai
Peninsula Borough. The commission is to be commended for the remarkable level of dedication and effort
demonstrated in producing a plan of this scope.
Members of the Kenai Peninsula Borough Trails Commission
Dale Bakk, North Zone Representative
Ed Berg, South Zone Representative
Kenton Bloom, Chairman, South Zone Representative
Charlie Crangle, East Zone Representative
Bill Grimm, North Zone Representative
Pete Sprague, Central Zone Representative
Gary Titus, Vice Chairman, Central Zone Representative
Celeste Thorne, East Zone Representative
Ann Whitmore-Painter, Planning Commission Representative
Scott Byrne, Alternate
Jeff Estes, Alternate
A number of other groups and individuals have also contributed expertise, and special efforts during the
trail planning process and deserve recognition, as listed below. Inclusion in the list is not intended to
imply that each person or agency agrees with everything in the plan, only that they have helped during the
process. While they deserve credit for any successes brought about by the plan, borough staff accepts
responsibility for any errors or omissions. Special thanks to:
Allison Arians, John Crawford, Kevin Keeler, Roger MacCampbell, Pat O'Leary, George
Oliviera, David Rhode, Bruce Talbot, Anchor Point APC Trail Committee, Kachemak Bay Nordic Ski
Club, Cooper Landing Community Club, North Peninsula Community Council, Moose Pass Advisory
Planning Commission, Kachemak Bay Advisory Planning Commission, and the Caribou Hills Cabin
Hoppers.
The Trails Commission is especially appreciative of the many people in communities throughout the
borough who took interest in the trail planning process by attending meetings, filling out trail
comment forms, and providing invaluable comment and information on local trails and trail use.
There is a great deal of enthusiasm and interest in trails in the Borough. The continued involvement of
community residents is indispensable to achieving the goal of providing a legal, safe, and convenient
Borough transportation and recreation trail system for trail users of all ages and abilities.
Borough Administration:
Mike Navarre, Mayor
Lisa Parker, Planning Director
Collette Thompson, Borough Attorney
Mazgazet Spahn, Planner
Chris Clough, GIS Technician
Merlyn Paine, Consultant
TABLE OF CONTENTS
I. Introduction .................................................................. 1
A. Purpose 1
B. Needs and Benefits 1
C. Scope of Plan 3
D. Planning Process . 5
II. Trail History and Trends ............................................. 8
A. Introduction 8
B. History of Trails in Kenai Peninsula Borough 8
C. Descriptions of Trails and Trail Use by Region 15
III. Goals and Policies ................................................... 21
Issue 1: Establishing Borough Trails Authority 21
Issue 2: Establishing an Protecting Legal Trail Corridors for Public Use 24
Issue 3: Agency Coordination 28
Issue 4: Liability Protection for Landowners 30
Issue 5: Encouraging Positive Trail Use 32
Issue 6: Managing Trail Use 35
Issue 7: Trail Design and Maintenance 37
Issue 8: Developing Funding Sources . 39
Issue 9: Encouraging Partnerships 42
IV. Implementation ...................................................... 44
A. Steps to Trail Results 44
B. Trail Inventory 44
C. Preparation of a Trail Needs and Priorities List 46
Appendix A: Glossary of Terms
Appendix B: Preliminary Trail Needs List
I. Introduction
A. Purpose
For many years, borough residents and trail users have looked to public agencies for
assistance with public trail preservation and development. This plan presents major trail
related issues in the Kenai Peninsula Borough (KPB), and recommended borough
policies and actions to address these issues. This plan is the first step toward providing
assistance in addressing trail issues in the Kenai Peninsula Borough. The KPB Trails
Commission has set out to:
~ identify the principle recreational and transportation trails in the Borough
~ evaluate public demand for trails and trail development
~ identify and analyze major trail related issues hindering trail development or
preservation and offer possible policies and actions to address problems and
enhance opportunities
~ provide guidance for borough staff and other agencies on trail related
development issues in the Borough
~ identify community priorities for trail actions
~ improve coordination between government agencies
This plan presents major trail related issues in the Kenai Peninsula Borough, and
recommended borough policies and actions to address these issues. The KPB Trail
Plan is intended to be a tool to assist the Borough and other public agencies in
identifying and preserving important transportation and recreational -trail corridors for
public use. Through identification of important trail corridors and delineation of borough
goals and policies, the trail plan will help facilitate the coordination of traits with other
land development. When adopted by the Borough Assembly, the Trail Plan will become
an element of the Borough's Comprehensive Plan.
B. Need and Benefits
There are a limited number of improved trails within developed areas of the Borough.
There are many unimproved, unmanaged trails with historic use, but no legal status as
public trails. Support for legal public trails is strong and borough-wide. In a public
opinion survey conducted by the Kenai Peninsula Borough in 1991, 82 percent of
respondents favored development of bicycle or pedestrian trails. Goal 3.9 of the KPB
Comprehensive Plan is to "provide quality outdoor recreation areas and facilities for
borough residents and visitors. Objective 3 under this goal is "to establish a network of
trails to provide recreation and transportation opportunities for pedestrians, bicyclists,
off-road vehicle users, dog teams, and equestrians". In 1992, a Draft Comprehensive
Trail Plan was developed in response to the Federal Highways Administration's
emphasis on providing additional recreation and transportation opportunities through the
development of improved bicycle and pedestrian trail networks. This plan included only
the areas eligible for Federal Highway funding aid. Many important trails in the Borough
are not eligible for this type of funding, but other sources do exist that require
identification in an adopted municipal plan.
Protection and dedication of recreational and transportation trails has continually been
identified as a major concern in public meetings and in comments received during
vacation and platting actions. Members of the public have expressed dissatisfaction with
the vacation of rights-of-way and section line easements used as trails. Public comment
during Trail Commission meetings has indicated strong continued support for
preservation of existing trails, and development of new transportation and recreation
trails for all users. Many people consider trails to be an essential part of the community
infrastructure, and support planning structures that make trails a safe and integral part of
the local transportation system.
The public is concerned that trails are being eliminated during public land sales and in
the subdivision and development of private land. The population of the borough is
expected to increase by 53% by the year 2020. At the same time, recreation and
tourism are expected to play an increasingly important role in the economy of the Kenai
Peninsula. The increased development of private land associated with this growth will
lead to the loss of many commonly used trails.
The time is ideal to establish and protect a system of legal multi-use, and specific-use
trails to serve the can-ent population and provide for the future needs of borough
residents and visitors. Assuring that a viable public trail system is available to serve
future residents of communities in the borough requires both long-range planning and
decisive action. An organized effort toward establishment of legal public trails and
resolution of trail access conflicts is urgently needed.
Benefits of Trails:
A sound community trail network contributes to the overall health of a community in a
variety of ways. Trails
improve community interactions by
- promoting healthy lifestyles
- increasing social interactions among neighbors
- strengthening neighborhoods by creating a sense of place where people
know and care about one another and their environment
- promoting civic pride
• enhance transportation systems by
- providing a safe, independent means of travel for children
- providing safe, trail-based transportation alternatives
- reducing traffic congestion and parking demands
- provide opportunities to access remote regions of the Borough
enhance the local economy by
- creating an attractive climate for the location of new businesses and
residential developments
- increased sales of recreational equipment
- increasing year-round demand for lodging and commercial services
- Increased property values
- providing a venue for organized sporting events
2
C. Scope of Plan
This plan represents a "master plan" or vision document to guide Borough involvement
in trails and trail management. It's the first step toward making the vision of a complete
and integrated trail network in the Kenai Peninsula Borough a reality.
The area covered focuses on the "rural district" of the Kenai Peninsula Borough. As
defined in KPB 21.04.010, the "rural district" includes all of the area of the borough
outside of cities that have adopted zoning authority. Trails within city limits are covered
by the city's trail plan or comprehensive plan. Trails in the Chugach National Forest,
Kenai National Wildlife Refuge, National Parks, and State Parks are covered by their
own master plans. Discussion of trails in these areas is included in this plan because
they are integral to a coordinated and comprehensive trail system in the borough.
The KPB Comprehensive Trail Plan is primarily concerned with trails within developed
areas and trails linking communities to established backcountry trial systems on public
lands. The focus is on trail issues of borough-wide concern, and the delineation of
goals and policies intended to address those issues.
The plan is intended to be used as:
• a Borough policy guideline
• a tool to promote public dialog
• a tool to coordinate trails with land planning and development activity
• a guide to help protect existing trail corridors
• a resource guide containing information on trail use and specific community
needs, and methods of accomplishing trail actions.
• a tool to assist in coordination of trail efforts among agencies, trail users and
community groups
While the KPB Comprehensive Trail Plan can provide a starting point for development of
an integrated recreational and transportation trail system in the Kenai Peninsula
Borough, there are some things the Trail Plan cannot do. The Trial Plan:
• cannot succeed without support and effort of borough residents, trail users,
and community groups
• cannot change constitutionally_protected private property rights. It does not
give the Borough legal authority to simply designate trails that cross private
property as legal public access.
• cannot require action on the part of other government agencies. This is a
Borough plan outlining only KPB policies.
• cannot achieve overnight success. Implementation requires dedication,
action, and ongoing effort of private citizens and government agencies alike.
The KPB Trail Plan should be considered a dynamic document. Conditions and
community trail needs and priorities change over time. The plan is designed to be
flexible and should be updated periodically.
Simply put, a trail is a corridor, on land or in water, which provides public access
for recreation or transportation, and is protected from other forms of
development. Trails are established either through construction or use, and can be
mufti-purpose, or serve a particular use type. They vary in width, surface treatment,
terrain. Trails provide recreational opportunities, and also provide alternative means of
transportation. Some are completely separate from road rights-of--way, others are
separated from the roadway, but within the road right of way, while in some cases the
roadbed itself serves as a trail link.
Since trails are so diverse and serve many functions, they can be categorized in a
variety of ways. But perhaps the most important distinction to be made with regard to
trails in the Kenai Peninsula Borough is the distinction between trails with legal
protection for public use and trails without legal protection.
Trails with legal protection for public use are specific routes that have been reserved
or dedicated for public use. Trails of this type are also referred to as formal public trails,
dedicated public trails, or reserved public trails, or Trails (with an uppercase "T'). These
can cross both public and private land.
Trails crossing private land may be protected for public use via a public trail easement,
or section line easement. Or a trail may be within a public trait right-of--way, or dedicated
street right-of-way. The public has a legal right to use these trails for the purpose
specified in the legal documentation. Legal public trails on private land include trails that
have been dedicated to public use by the owner of the private property, trails that have
been reserved by government prior to disposal of public land, section line easements,
and ANSCA 17(b) easements. 17(b) easements are federal easements reserved across
Native Corporation land. These easements are intended to provide public access
through ANSCA Corporation land to public land or water. Legal public trail corridors
traversing private land provide access across private land and do not allow any other
public use of the private land, such as hunting or fishing.
Formal trails on public lands are also dedicated or reserved for public use via easements
or rights-of--way. A trail easement or right-of-way on public land assures that public
access will continue should the land ownership or management intent change. Trails of
this type include Federal and State Recreation Trails such as those managed by the U.
S. Forest Service, the U. S. Fish and Wildlife Service, National Park Service, Bureau of
Land Management, and the Alaska Division of Parks and Outdoor Recreation.
Some trails on Borough land (such as Tsalteshi Trails) have been permitted under
Chapter 17 of the Borough Code to meet specific community. needs. The Tsalteshi
Trails have been surveyed and dedicated to public use, and are managed under by
volunteers in the Tsalteshi Trail Association through a Borough land use permit.
Trails without legal protection as public routes can also occur on public or private
land. Trails of this type are referred to as informal trails, historic use trails, undedicated
trails, or trails (with a lower case "t"). Many trails have been created across vacant
private land because it provided the best route between point A and point B. These trails
often evolved with the community, and usually follow a historically preferred route
without regard to land ownership or environmental soundness. Trails of this type often
provide important community transportation links and local recreational opportunities that
are highly valued by the community. But without formal dedication to public use, or
written documentation from the private land owner in the form of a public easement, the
public is not guaranteed use of these trails. They remain open to public use by the
goodwill of the land owner. The Trails Commission examined the subject of trails across
private land in order to understand current trail use patterns and identify needed public
access routes.
This plan in noway endorses or encourages the use of trails lacking full legal
public access. These trail routes are the most fragile and in greatest need of protection
for public use. Legal dedication of these trail routes or alternative routes is encouraged
in order to develop a legal system of public trails. When public easements or
rights-of-way are acquired, these trails should be identified and managed as public trails
by the borough or through management agreements with trail user organizations.
Informal trails on public land are open to public use if such uses are generally allowed by
the land manager. However, the land manager has no obligation to preserve such traits
for public use should the ownership, intended use, or management of the parcel change.
Many public trails occur on Borough owned and managed land. Some are of a
spontaneous nature, while others, such as McNeil Canyon ski trails have been formally
laid out to provide a facility for the public. There are also many informal, undedicated
trails on borough owned and selected land, and numerous cases of undeveloped
borough rights-of--way and section line easements being used as community trails.
Informal, primitive trails have also been established along side of developed borough
roads.
D. PLANNING PROCESS
Formal Trail planning in the Kenai Peninsula Borough began in 1991 with a Trail Plan
prepared cooperatively with the Alaska Department of Transportation. That plan was
intended primarily to identify existing and proposed transportation routes for pedestrians
and bicyclists, which would be considered and accommodated in State Intermodal
Transportation planning. Phase One of the KPB Comprehensive Trail Plan was adopted
by the KPB Assembly in July of 1992 by KPB Resolution 92-83.
In May of 1997, KPB Ordinance 97-75 established a KPB Trails Commission for the
purpose of identifying trail needs and planning expanded trail access throughout the
borough. The commission was formed to address the concerns of borough residents that
community trails are unintentionally being lost as public and private land is developed,
and to examine conflicts associated with trail use.
The KPB Trails Commission is comprised of nine Borough residents, appointed by the
Mayor to represent different geographic regions in the borough. To provide fair
geographic representation on the commission, two Trails Commissioners were
appointed from each of four "zones" -East, South, Central, and North. These "zones"
are illustrated in Figure 1. In addition, one Trails Commissioner was appointed from the
KPB Planning Commission.
The Trails Commission held monthly public meetings in communities throughout the
Borough from September 1997 through April 1998 to gather public input and identify
trails of community importance. Public meetings were held in Soldotna, Seward,
Homer, Nikiski, Cooper Landing, Hope, and Seldovia. In addition, several work
sessions were held in Soldotna. All meetings were advertised in local newspapers and
open to the public. Input and advice was solicited from individual trail users, property
owners, trail organizations, and community groups regarding the location of trails of local
and regional importance, concerns for trail use, maintenance and management, and to
begin identifying community trail priorities. Land managers from State and Federal
Agencies, and Native Corporations were also actively involved in Trails Commission
meetings and discussions. Public comment and agency input has been indispensable in
identifying trails and trail issues of borough-wide and community concern.
"Topic sheets", presenting background information relating to specific trail issues, were
prepared by the Planning Department for the KPB Trails Commissions and the public.
Topics include Population Trends, Legal Access, Trails and Property Values, Landowner
Liability, Multiple Use, Acquisition of Trail Corridors, and Maintenance and Costs. These
are available from the KPB Planning Department.
While a great deal of public comment has already been submitted, once individuals and
groups are able to examine the issues and policies outlined in this plan, they may feel
more informed and able to provide additional input and comments. The public review
period will allow additional comments to be considered prior to Assembly action on this
plan.
~,„~; EAST' ZONE
..,.
FIGURE 1. KPB Trails Commission Representation Zones
II. Kenai Peninsula Borough Trail History and
Trends
A. Introduction
The availability of trails for public use in the Kenai Peninsula Borough is inextricably
linked to land ownership and efforts to reserve and improve legal public access. The
outstanding trail resources currently found on the Kenai Peninsula are largely a matter of
where the boundaries of public and private lands were drawn throughout the century.
While much effort has been made to both retain lands in the public domain and develop
private ownership, little has been done to provide for public trail access throughout the
communities of the Borough.
At the tum of the 20th Century, nearly all of the lands on the Kenai Peninsula were in
public ownership, allowing free passage almost anywhere to anyone. Over the course of
this century, human settlement focused on the most habitable or easily traveled lands for
development and accompanying private ownership, leaving the marginal settlement
lands of mountains, tundra, and icefietds to the public sector.
Today, many outstanding trail opportunities are found on these large tracts of public
land. Yet many smali but important connections to these public lands, along with other
important trail corridors close to home, may be lost if efforts are not made to establish
and maintain public access. If it can be said that one of the big jobs of the 20t" Century
was to draw the lines between private and public lands, one of the biggest challenges of
the 21st Century will be connecting them.
B. History of Trails in Kenai Peninsula Borough
NATIVE ALASKANS AND EXPLORERS
Native Alaskans, explorers, gold seekers, trappers, big game hunters and settlers blazed
trails into the wilderness of the Kenai Peninsula from its coastline, often following the
same routes of their predecessors. Many of the trails used on the Peninsula during the
first part of the century are important transportation routes today, some covered with
asphalt or steel track and ties, while others remain a cleared dirt path.
Indigenous native inhabitants of the Kenai Peninsula depended on the abundance of the
ocean and salmon-filled streams. Rivers and lakes were used as trails to reach the
hunting and fishing grounds of the Peninsula's interior, along with the occasional game
trail.
From 1741 to 1867 the Russians used the same waterways as natives to explore the
interior of the Peninsula in search of gold and furs. After the purchase of Alaska by the
United States in 1867, Americans entered the region and took the same approach to
commerce as the Russians. Improvements to trails were limited to the cutting of brush
and access was open to all.
GOLD AND GAME
In 1896, a gold rush in the Hope-Sunrise placer district brought the first major wave of
use and improvements to the trails of the Kenai Peninsula. Miners roamed throughout
the interior of the Peninsula in search of gold, blazing new trails to reach new prospects
on gold-bearing streams. Summer trails were traveled by foot, horseback, and boats;
winter routes by dog sled and snowshoes. Private land was limited to relatively small
settlements and mining claims along mountain stream channels.
In the fall of 1897, Colorado big game hunter Dall DeWeese arrived on the Kenai
Peninsula in search of big game. DeWeese used the Kasilof River to access Tustumena
Lake country hunt the surrounding areas for moose and sheep. He left the Kenai with
several trophies and stories regarding the trophy moose to be found in this region, thus
starting the era of big game hunting on the Kenai Peninsula.
By 1908 big game hunters were required to hire guides while hunting on the Kenai
Peninsula. Guides and hunters established and further improved trails across the
peninsula in order to reach the big game country. Soon the Kenai Peninsula was known
as the best hunting ground for moose in the world.
RAILROADS AND WAGON ROADS
The Alaska Central Railway started construction in 1903 at the coastal town of Seward,
heading North through the eastern Kenai Peninsula to the interior. Many trails departed
from the rail line to the gold fields and big game country of the Kenai Peninsula,
providing easier access than the previous rough trails.
In 1905, the Nelson Act established the Alaska Road Commission. The Road
Commission was staffed by army officers who supervised the design, construction and
maintenance of a system of wagon roads and trails through Alaska. In 1907, the 34 mile
Johnson Pass Military road was completed between the rail line at Moose Pass and the
Hope-Sunrise area. The wagon road was twelve feet wide and improved with bridges
over streams, and felled trees (corduroy) over wetlands. Today 23 miles of the historic
route remains as the Johnson Pass Trail, one of the more popular trails in the Chugach
National Forest. The remainder has since been covered by the Seward Highway and
the Hope Spur Road.
EARLY CONSERVATION LAND, DEPRESSION, AND WAR
In response to threatened land grabs by "big money syndicates", President Teddy
Roosevelt put the new American philosophy of "conservation" into action by establishing
the Chugach National Forest in 1907. Extending from Copper River in the east to the
shores of Cook Inlet in the west (including afl of the lands surrounding Kachemak Bay),
the national forest was established to promote the orderly use of public resources.
Boundary changes later in the century shrunk the size of the Forest, although still the
second largest national forest in the nation.
During the Great Depression years, Civilian Conservation Corps work camps were set
up at Quartz Creek and Cooper Landing and trails and other recreation facilities were
developed throughout the Peninsula. The Kenai National Moose Range was established
as a public wildlife refuge in 1941 in reaction to declining moose populations.
9
Community and road expansion during the early and mid-20th Century focused on
established areas and routes. Land for community expansion was transferred from the
public domain to private hands under homesteading programs administered by the
Bureau of Land Management (then called the General Land Office). Rail travel provided
dependable transportation through the eastern Peninsula. Travel by car or horse and
wagon between such far-flung communities as Kenai and Cooper Landing took most of
the day over routes that might be called a trail today. And most of the Peninsula's 2,400
residents were only a short walk away from the nearest trail, often depending on these
trails for their daily routine.
OIL BOOM AND STATEHOOD
At the end of World War II, homesteading increased on the Peninsula, bringing in new
settlers to the area who developed additional roads and trails as they proved up on their
homesteads. By 1950, Homer and Seward were connected by a road that followed the
trails of the Peninsula's earlier inhabitants. Total population of the Peninsula was almost
5,000.
In the late 1950's oil was discovered at Swanson River. With the development of oil and
gas resources both on and off shore, the Peninsula's population grew, and the economy
began to change as more families had the security of a regular paycheck, disposable
income, and leisure time pursuits.
Around the time the Kenai and Cook Inlet oil fields were developed, Alaska was granted
statehood and an entitlement to select certain lands for the purpose of community
development, transportation, and resource development. As the state developed, it
provided a similar land entitlement program for borough governments. Both the state
and the Kenai Peninsula Borough pursued programs to place public lands in private
ownership, in most cases failing to provide legal public access for historic trails.
A vast new system of trails was unintentionally created in the 1950's and 1960's with the
clearing of hundreds of miles of seismic exploration lines. These routes were quickly
appropriated for the newest form of winter trail travel in the 1960's -the snowmobile.
Today these routes form an extensive network of trails heavily used by riders from
around the state.
During the 1950's and 1960's, trails in the Chugach National Forest benefited from the
attention of Youth Conservation Corps (YCC) crews based out of the newly constructed
US Forest Service Crown Point facility (now known as the Kenai Lake Work Center).
NATIVE CLAIMS AND NATIONAL INTEREST LANDS
In 1971, The Alaska Native Claims Settlement Act (ANCSA) was passed, establishing
regional and village native Corporations, and enabling the selection of large tracts of
federal public lands for private native corporation ownership. Also included in ANCSA
was a subsection known commonly as "17(b)" that provided for the establishment of
public trail and road easements across native selected lands to public lands and water.
Today these "17(b) easements" provide legal access routes to public lands and waters
otherwise isolated by tracts of land selected and transferred to native corporations.
On state lands, Kachemak Bay State Park and Kachemak Bay State Wilderness Parks
were established in 1970. Also during the 1960's and 1980's, extensive land disposal
10
programs were carried out by the state, providing lands to anyone who could "prove up"
for homesteading, recreation and agricultural purposes.
In 1980, the Alaska National Interest Lands Conservation Act (ANILCA) was passed.
Within the Kenai Peninsula Borough, this legislation created Kenai Fjords and Katmai
National Parks, and Lake Clark National Park and Preserve from general federal lands.
The boundaries of the Chugach National Forest and Kenai National Moose Range were
also extended. The Moose Range was also renamed the Kenai National Wildlife
Refuge.
LOCAL GOVERNMENT
In 1964, the Kenai Peninsula along with land on the west side of Cook Inlet was
incorporated as a second class borough. (Second Class status refers to acceptance of
certain mandatory municipal powers and the option to adopt certain other powers and
authorities.) The Kenai Peninsula Borough provides education, solid waste disposal,
planning, platting, land use regulation, and 911 communications on an area-wide basis.
Other services, such as road maintenance, hospitals, and fire protection are provided on
anon area-wide or service area basis. Except for within the North Peninsula
Recreational Service Area, the Kenai Peninsula Borough does not have clear authority
to manage, apply for grant funding, or expend money for trails or associated facilities,
such as trailheads.
Since incorporation in 1964, the population of the Borough has increased from 10,000 to
48,100 - an increase of nearly 500 percent in 34 years. Between 1964 and 1998 an
unknown number of commonly used but unauthorized trails were both created by public
~ need and closed to public use by development. In the mid 1960's, trails were pioneered
casually with little regard for land ownership. As the decades passed, some were closed
by lack of use and/or maintenance, while others were closed by private ownership and
development. As the pace of land development increases, the number of informal trails
closed to public use may also increase.
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11
While the trend in trail closures is thought to be far reaching, it is sometimes not
perceived to be so by the users of informal trails across private property. Often vacant
private land is held for many years without being developed, or other nearby vacant land
allows trails to be temporarily rerouted around newly developed properties (again without
authorization). Therefore, while it seems that there is plenty of open space for trails, in
actuality the options for the legal establishment of trails are shrinking.
Most community trails in the Borough have been established through common historic
use but are not legally established via mechanisms such as dedicated rights-of--way
(ROW s) or easements. For instance, in a 1995 inventory of 54 trails covering 112 miles
in the Homer area, 60 miles of trails have been established through common historic
use. Of these 112 miles of trails, only 35 miles have formal public ROW s or easements.
All of the 77 miles of trails without legal public access could be closed at any time.
One indicator of the overall potential loss of public access throughout the borough is the
number of annual requests for platting actions. Requests for platting actions typically
include subdivisions, property line changes, vacations of rights-or-way or section line
easements -and rarely include actions that increase the number of legally accessible
public trails.
The economic boom of the mid-1980's brought an upturn in platting activity, followed by
a relative lull during the economic downturn of the late 1980's. During the 1990's there
has been a steady increase in the number of platting actions, increasing from 141 in
1992 to 260 in 1996. Of the 260 platting actions in 1996, 53 included requests to vacate
public rights-of-way, utility, and section line easements. Another 42 requests were made
to vacate public access in 1997. Taken over the course of a decade, such a rate of
terminations could lead to situations where the only method to provide public access is
through (re)acquisition.
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PENINSULA TRAILS FOR THE 21 sr CENTURY
Along with legal public access, the existence of trails depends heavily on maintenance.
During the 1980's and 1990's, budget conscious federal and state public land managers
relied heavily on a variety of low-cost youth crews to establish, improve, or maintain
trails. Student Conservation Association crews established the Harding Icefield Trail in
Kenai Fjords National Park and worked on other trails throughout Chugach National
12
Forest and Kenai National Wildlife Refuge. In Kachemak Bay State Park, the Alaska
Youth Conservation Corps developed an extensive system of popular trails. At
Kachemak Bay State Park, much of the trail development cost has been underwritten
with Exxon Valdez Oil Spill (EVOS) settlement funds.
Trail managers are also applying new technology to the establishment and improvement
of trails. Global Positioning Satellite (GPS) systems facilitate accurate surveying and
mapping of trails, especially when applied to computerized map data. Small-scale
construction equipment, including excavators, bulldozers, loaders and material totes
have been used in the Chugach National Forest to rebuild storm damaged trails in a
manner that replicates the size and feel of hand built trails but at a fraction of the cost.
And high tech materials such as lightweight plastic culverts, geotextile fabric and grids,
and recycled plastic lumber have shown promise in the fight against deterioration of trail
drainage and erosion control devices.
Local trails often benefit from the Alaskan "do-it-yourself' spirit, spawning volunteer
development and maintenance of community trails. This is particularly true on winter
snowmachine and ski trails. Perhaps because many Borough residents are busy
making a living during the summer, and winter provides more leisure time, literally
hundreds of miles of maintained snowmobile and cross-country skiing trails have
"sprung up" around the Peninsula. A major challenge to these volunteer efforts is
gaining legal public access for these trails, which often pass over a variety of land
ownerships.
The maintenance of summer trails outside of public recreation or conservation lands has
not fared as well as that of winter trails. Often the only type of maintenance occurring on
summer trails is through actual use. Trail routes are selected casually, with little thought
for soils, drainage, and erosion control. There are miles of wide, muddy, rutted
corridors, parallel trails, and damaged vegetation in wetland areas, often due to the use
of ATVs. Frequently the routes have been created to reach remote cabins or
homesites, rather than for recreational purposes.
A natural phenomenon that may significantly affect Peninsula trails in the 21st century is
the spruce bark beetle outbreak. It is estimated that almost half of the Peninsula's
spruce forest, covering over 1 million acres, has been infested or killed by the spruce
bark beetle. Trail maintenance needs through previously healthy forests can be
expected to increase, as wind blown trees fall and block trails at an increasing rate.
Another potential effect on trails and access may be the establishment of extensive
logging roads and firebreaks throughout the forests. The clearing of linear firebreaks and
roads could create a similar set of opportunities and problems as experienced with the
seismic lines cleared in the 1950's and 1960's.
DEMAND FOR TRAILS CONTINUES TO INCREASE
Demand for recreation and transportation trails on the Kenai Peninsula and throughout
the state continues to grow at a high rate. Borough Trails Commission meetings held
around the Peninsula in 1997 and 1998, and public meetings held in late 1997 by Alaska
State Parks for the Statewide Comprehensive Outdoor Recreation Plan (SCORP) show
a strong interest in trail activities and issues.
Although statistically valid surveys of borough residents' use of trails are not available,
the 1997 statewide survey for SCORP gives some indication of trail use by the average
13
state resident. Statewide data is relevant to the Peninsula as the combined populations
of the Kenai Peninsula and Mat-Su Boroughs and Anchorage make up half of the state's
population.
Over 65% of state residents walk for fitness, day hike or mountain bike; almost 50%
backpack in the backcountry, and about 35% ride snowmachines and ATVs. Other
trails or public access dependent pursuits include sportfishing (75% of residents),
bird/wildlife watching (72%), berry picking (61 %), clamming or beachcombing (53%), and
sport hunting (35%). Significant increases have occurred in participation rates for
bird/wildlife watching, walking, backpacking, snowmachining, and ATV riding in the past
five years.
Along with the increased rates of trail related recreation comes strong support
(statewide) for improved facilities and strategies to minimize trail use conflicts. Fifty-one
percent (51 %) of state residents are negatively affected by hearing motorized vehicles
while recreating, and 74% felt that more trails should be developed where no motorized
vehicles are allowed. Fifty-six percent (56%) also felt that more trails should be
developed for the legal use by ATVs, and almost the same percentage were in support
of multi-use trails. Seventy-six percent (76%) want more trailheads, and 60% agree that
"parks and recreation facilities are often too crowded when I use them" (a 13% increase
in dissatisfaction rates in 5 years).
THE PENINSULA AS A VISITOR DESTINATION
The borough has also experienced a marked increase in the number of visitors in recent
years, many wanting to use trails, public access, or open space. Anchorage residents
are the predominant visitors to the peninsula. In 1991, 180,000 Anchorage residents
visited the Peninsula an average of 4 times annually. While fishing was the main
motivation for visits, over two-thirds of the visitor-days were spent in activities other than
fishing.
Although Borough-wide data is not available, surveys at regional information centers
show increased visitation. Visitors to the Kenai Visitor and Cultural Center increased
from 49,000 in 1992 to 70,460 in 1997. The Kenai Peninsula Borough Information
Center in Soldotna (open from mid-May to mid-September) served 7,000 people in 1988,
and 47,000 in 1997. Traffic at visitors centers in Homer has more than doubled
between 1993 and 1996 from 11,000 to 24,000, and in Seward for the same period, it
has nearly tripled from 11,000 to 30,000. And with the development of new attractions
such as the Seward Sealife Center and the Kenai Challenger Center, all indications are
that visits to the Peninsula and demand for trails will continue to grow.
14
C. Description of Trails and Trail Use by Region
Following is a description of the types of communities, land ownership, geography,
economy, trails, trail uses, and issues for the different zones represented by the Trails
Commission. The West Side of Cook Inlet (comprising 47% of the land mass in the
Borough, but only 1 % of the population) will be treated as a separate area.
North Zone Trails
The North Zone is entirely coastal lowlands, consisting of low rolling forested moraines
and depressions filled by lakes and muskeg, connected by many rivers and streams.
Kenai and Nikiski are the major population centers in the North Zone. Private lands are
limited to a corridor approximately 6 miles wide along Cook Inlet and the Kenai River
corridor. Development in the region is primarily residential and industrial.
The largest tract of public land is the northwest portion of the Kenai National Wildlife
Refuge. Captain Cook State Recreation Area is also found at the north end of the Kenai
Spur Highway.
Relatively few tourist facilities and attractions exist in this area. Trails and open space
are used primarily by residents. Roadside pedestrian facilities are very limited outside of
the City of Kenai, which provides some sidewalks and bikepaths. Major dedicated and
maintained public recreational trails include those in the Kenai National Wildlife Refuge
(including the Swanson River Canoe Trails), and those in Captain Cook SRA. The
beaches of Cook Inlet are also frequented by both residents and visitors.
Outside incorporated cities, the North Peninsula Recreational Service Area is the only
recreational service area in the Borough, and provides well-used recreational facilities
for the residents of the Nikiski and the central peninsula. Winter ski trails have been
developed and maintained at the High School and at the Nikiski Pool. The City of Kenai
also provides recreational services and manages some recreational trails for residents.
Most trails in developed areas of the North Zone occur on private land without landowner
permission. This less-than-legal use is because the area is significantly underserved in
mileage of legal, public recreation and transportation traits for both motorized and non-
motorized use. There are few dedicated and improved trails or trailheads in the zone.
Yet with large amounts of accessible (although not necessarily legal) open space, many
of the area residents are not inclined to drive to another part of the Peninsula to use a
trail.
A large network of informal, undedicated, summer and winter trails exists on both public
and private land in the North Zone. This is especially true in the area from Gray Cliff to
Point Possession. Snowmachine and ATV trails have been developed for access and
recreation, most of which have no legal protection for public use. Utility corridors, which
generally are not intended for public access, are also heavily used. Undeveloped public
rights-of-way are also used as trail access.
Residents have expressed a desire for more trails to provide safe transportation for both
motorized and non-motorized users, and additional backcountry nordic ski trails to
connect recreational facilities. Major trail issues in this region include the potential loss
15
of many trails that cross private lands, and the unauthorized use of utility corridors and
pipelines as trails. Other issues include the need to manage and/or separate conflicting
trail uses, landowner concerns for liability from trail use on their property, and a lack of
commonly accepted and practiced trail etiquette.
Central Zone
Population centers in the central zone include Soldotna, Sterling, Funny River, Cooper
Landing, Kasilof, and Clam Gulch. Major tracts of public land include western portions of
Kenai National Wildlife Refuge and Chugach National Forest, a portion of the Clam
Gulch Critical Habitat Area, and large tracts of general state land. In addition, there are
several smaller State Recreation Areas in the Central Zone.
This area ranges from the Kenai lowlands along Cook Inlet to the Kenai Mountains in the
east. Development in the region is primarily residential and commercial, and is primarily
located within a few miles of the Sterling Highway.
Summer tourism plays an important economic role in this area, with sport fishing
attracting many summer visitors, who participate in other public access dependent
pursuits when not fishing. Goods and services, commercial fishing, health care, and
light industry also contribute significantly to the economic health of this zone.
Backcountry trails throughout this zone are used heavily by both residents and visitors.
The region enjoys many miles of dedicated and maintained public backcountry trails.
Some trails in the Kenai National Wildlife Refuge and the Chugach National Forest that
have gained national recognition (e.g. The Resurrection Pass Trail has been identified
by more than one national magazine as being one of the top ten mountain bike and
hiking trails in the United States). These trails are often the sole destination for a
visitor's trip to the Kenai Peninsula. Most, but not all of the trails in the Refuge and
National Forest are designated for non-motorized use during the summer; most of these
public lands are open to snowmachining in the winter.
Snowmachiners have developed an extensive system of trails in the Caribou Hills area,
with access points along the roadways from Kasilof to Homer. The approximately 100
mile system of trails is maintained, groomed, and signed by volunteers. Volunteer
organizations have been thwarted in attempts to gain grant funding for maintenance and
operations because of discontinuous legal public access along these routes.
The City of Soldotna manages a system of parks, trails and recreational facilities, and
has included bicycle paths in its transportation planning. Volunteer developed and
maintained nordic ski trails are found adjacent to Skyview High School, and in the
Cooper Landing area. A common source of conflict between winter users in these areas
are snowmachiners riding on trails that have been groomed and signed for skiing only.
As in other areas of the borough, there are many informal, undedicated, summer and
winter trails occurring in both private and public land.
Trail needs in the Central Zone include the development of more trails both along roads
and away from roads that provide safe transportation for non-motorized users, link
communities, and connect public facilities. Trail links between intensively used
16
community recreational areas are also needed (for example, connecting the Tsalteshi
Trails with the KNWR ski trails, and the Kenai Peninsula Sports Center). Lighted ski
trails have also been identified as a community need. Because most of the private
development in the Central Zone occurs within a six mile wide corridor that is
surrounded by public land, additional trail links between residential areas and public
lands have been suggested.
Other major trail issues in the Central Zone include the negative effects that land
transfers between federal, state, and borough government have had on trails, the
unauthorized use of utility corridors as trails, and inadequate trail etiquette education
leading to conflicts between trail users and/or users and landowners.
East Zone
All of this area is within the Kenai Mountain Range and contains many glaciated areas
and peaks over 6000 feet. Glacial scouring and tectonic movements have created a
coastline of dramatic rocky fjords. Forest vegetation is primarily Sitka spruce and
mountain hemlock.
Development in the region is geographically constrained by virtue of the mountainous
terrain, leading to a more densely populated settlement pattern than in the Western
Kenai Peninsula. Private lands are found in a narrow corridor along the Seward
Highway. Seward, Moose Pass, Hope and Sunrise are the major population centers in
the area. The economy is diverse, with fishing, forestry, services, government, and
tourism contributing to the overall economic health. Recent years have seen a marked
increase in the numbers of visitors and related development, particularly in the Seward
area.
Major tracts of public land include the Chugach National Forest, Kenai Fjords National
Park, the eastern portion of the Kenai National Wildlife Refuge, and Caine's Head State
Recreation Area. This region enjoys an extraordinary system of backcountry trails
managed by the U.S. Forest Service. These trails are heavily used by both in-state and
out-of state visitors, particularly in the summer.
Most National Forest land is open to snowmachining in the winter. Recent advances in
technology have allowed snowmachiners to climb steep mountains onto glacial icefields
that only ten years ago were inaccessible. Currently it is not uncommon for
snowmachiners to travel across the icefields of the eastem Peninsula to overlook Prince
William Sound. The surge in popularity of motorized pursuits has also been
accompanied by increased demand for areas of the National Forest to be set aside for
non-motorized recreational uses.
The City of Seward has incorporated pedestrian access in its city planning. The Seward
Nordic Ski Club has developed a system of ski, mountain bike and running trails at Mile
12 which provides a much needed facility for community and school use. The State
DOTPF is developing a separated bike path along the Seward Highway linking the
Granite Creek campground and Canyon Creek.
Because most of the land in the East Zone has been historically managed for public
access, the number of casual trails and conflicts associated with them is less than in
17
other areas of the Borough. One potential conflict is due to the selection and transfer of
parcels of federal lands to state govemment, and similarly from the state to the borough.
In the former case, small trailhead parcels and the lands beneath the beginning
segments of trails have been selected by the state. Because portions of a single trail are
managed by different agencies, there is a potential for conflicting management
strategies and inadequate enforcement capabilities. The effect of discontinuous
management could be to create both safety and etiquette conflicts between users and
damage to trails not designed for intense uses.
Another potential conflict is between holders of mining claims and trail users. The
holders of claims are concerned about the potential liability for injury to trail users
passing over their claims, and have in some cases attempted to close public access
across mining claims. Trail users are concemed about the potential for public access to
be unnecessarily or illegally closed across mining claims.
Trail needs in the region include more dedicated public trails within communities, trails to
separate motorized and non-motorized users, the development of user safety and
etiquette programs, and trail links between communities and backcountry trials.
Because of heavy use, terrain, and the potential for storm damage, trail maintenance
costs are generally greater in this area.
South Zone
The terrain in this region is characterized by coastal lowlands from Clam Gulch to the
head of Kachemak Bay, and the Kenai Mountains and coastal fjords on the outer
peninsula. Development north of Kachemak Bay is characterized by dispersed
residential areas along the entire Cook Inlet and northern Kachemak Bay shoreline.
Homer, Anchor Point, Ninilchik, Nikolaevsk, Seldovia, Port Graham and Nanwalek are
the main centers of settlement in the South Zone. The economy is diversified with
tourism, fishing, forest products, and services contributing to the economic picture.
Compared to other zones, this zone has the least amount of federal land. The state is
the primary land owner, followed by native regional corporations, the federal
government, and private individuals. Major tracts of public land include Kachemak Bay
State Park and Wilderness Area, and the Anchor River and Fritz Creek, Fox River Flats,
Clam Gulch, and Kackemak Bay Critical Habitat Areas. The major dedicated and
maintained public trails in this region are found within Kachemak Bay State Park.
The extensive system of snowmachine trails in the Caribou Hills (discussed in the
Central Zone section) extends from Tustumena Lake to Caribou Lake. This trail system
suffers from discontinuous legal public access along trails and a lack of developed
trailheads.
The beaches and shoreline areas are popular trails and destinations throughout the
region, and legal public access. to shorelines, along with trailhead facilities, are
increasingly important as the population of the area grows. The community of Anchor
Point has sought a legal public trail connecting the town with the beach for many years.
The city of Homer provides for pedestrian and bicycle access within the city limits.
Recreational ski trails have been developed by volunteers on public land at McNeil
Canyon School, Lookout Mountain, and Baycrest Hill areas. The city of Seldovia has
18
also worked cooperatively with acitizen-driven effort to develop recreational trails in that
community.
No other region in the borough so clearly illustrates the problems created by
establishment of trails through common historic use without the benefit of legal public
access. The ten'ain in the Kachemak Bay area leads to the development of access
between private lands by the most expedient route. An extensive network of undedicated
trails has grown up on undeveloped public and private land. Land ownership and legally
dedicated public access were not a concern when the population was sparse. As private
land development has accelerated, the loss of public access to historically used trails
has become an increasingly common occurrence. A 1995 inventory of 54 commonly
used trails covering 112 miles in the Homer area, showed that 77 miles were without
legal public access in the form of public easements or rights-of--way.
Residents of this region have expressed a desire for a system of legal trails to provide
alternative transportation as well as recreational opportunities linking communities with
backcountry regions. Trail users and landowners alike have expressed a desire to
educate trail users on the legal status of trails, and to dedicate historically used trails or
reroute them to avoid private property. Snowmachiners have expressed interest in trails
linking McNeil Canyon School, the Watermelon Trail, and Anchor Point with the Caribou
Hills trails. Cross-country skiers have proposed anon-motorized 4-season trail linking
McNeil Canyon School, Lookout Mountain, and Baycrest Hill.
Major trail issues in this region include the potential for loss of public access to informal
trails through development of private land, a need for safety trails along roadways,
needs for trailhead development, separated trails for motorized and non-motorized
users, and trail management and maintenance.
West Side of Cook Inlet and Cook Inlet Islands
There are 4.7 million acres of land in the Kenai Peninsula Borough west of Cook Inlet.
This area includes some significant coastal lowland areas in the north, and the glaciated,
volcanic peaks of the Aleutian Range. Development on the West Side consists of oil
and gas production and processing facilities, and small settlements. This vast area has a
resident population of under 200 people, primarily in the native village of Tyonek, and
the small settlement at Beluga.
Major tracts of public land include Lake Clark National Park,-Katmai National Monument,
Redoubt State Critical Habitat Area, McNeil River State Game Refuge and Sanctuary,
Trading Bay State Game Refuge, Kalgin Island State Critical Habitat Areas and Tuxedni
State Wilderness Area.
There are very few established and dedicated public trails in this area. Roads have
been developed for access to oil and gas production and processing facilities, timber
harvest areas, and the Chuitna coal fields in the north. Many of these roads cross
private land or are private easements to access resource development areas on public
land. The haul road between Iniskin and Pile Bay provides overland access to Lake
Iliamna, and is used to access Bristol Bay. Because the region is largely undeveloped,
trails are primarily utilitarian, providing access to hunting and fishing areas, as well as
transportation routes. The present-day trail and transportation system on the West Side
19
of Cook Inlet might be compared to the transportation and trails on the East Side of the
Inlet around the turn of the century.
Major trail issues include management of 17(b) easements across Native Corporation
land, and unauthorized use of roads and trails. There is recent interest on the part of
residents of the East Side of the Inlet, in developing new public access routes and trails
on the West Side of Cook Inlet. Location, design, management and maintenance of
these new trails is an issue for this region.
20
III. Goals and Policies
Following is an outline of nine major issues facing trails and trail users in the Kenai
Peninsula Borough. Each issue is discussed briefly, and is followed by recommended
Borough Goals and Policies to address the issue.
Issue 1: Establishing Borough Trails Authority
Lack of a regional trail governance structure is an enormous barrier to establishing a
system of legal public trails in the Borough. Success of a public trail system is tied to the
capabilities and constraints of a sponsoring public agency. As a second class borough,
the Kenai Peninsula Borough does not possess area-wide powers to administer
recreation land or provide parks and recreation facilities (including recreational trails). A
vote of Borough residents is required to assume trail or recreational powers on a
borough-wide or service area basis.
There is currently one recreational service area in the Borough. The North Peninsula
Recreation Service Area (NPRSA) was established by a public vote in 1974 to provide
recreational services in the North Peninsula area. Funding for the NPRSA is derived
from property taxes collected from within the service area boundaries. Additional
funding is received through state and federal grants and facility user fees. A 5-member
board, serving3-year teens, serves in an advisory capacity and may recommend policy
and mil rate changes to the KPB Assembly and Mayor. Facilities of the NPRSA include
an indoor swimming pool, multi-purpose playing fields, a hockey rink, across-country
ski/running trail, tennis courts, and a picnic area.
Because a complete trail system provides both transportation and recreation, and
involves both public land management and private land development, an effective trail
program will require coordination and cooperation among various divisions within the
Borough. A regional trails system required a commitment to cooperation and long-range
planning.
The Kenai Peninsula Borough adopted road construction and right-of--way acquisition
powers in 1981. Chapter 14.04 of the Borough Code states that the Borough may
acquire rights-of-way for roads, streets, and trails, and related facilities, and may
construct such roads, streets, trails, and related facilities. However, this power is linked
to the obsolete State "Local Service Roads and Trails Program" (LSRT). Under this
program the State Legislature granted right-of--way acquisition and road construction
powers as part of the general powers of the municipality. It is not clear whether the
Borough has the authority to acquire, construct, or manage trails that may be used for
recreation as well as transportation, or whose main purpose is to provide recreation
rather than transportation.
As the planning and platting authority, the Borough has the power and responsibility to
provide a transportation and public facility infrastructure and to accept rights-of--way and
easements (including trail easements and ROW s) for public use. Because there has
been no real commitment to establishing a regional trail infrastructure on the part of the
borough government, public trail easements have not been required as part of the
21
Borough's subdivision process. While the need for dedication of trails must be balanced
with other public needs, the authority and mechanisms to acquire rights-of-way for trails
must be available to establish a legal system of trail routes.
Activities in section line easements are a frequent source of conflict between land
owners and the public. Section lines are reserved by the state for "use as public
highways." (Note: the term "highway" as used in the 1866 and 1923 laws establishing
section line easements may refer to a right of free passage, as opposed to a toll road,
rather than its contemporary meaning as a major thoroughfare.) There is currently no
borough oversight on road or trail activities in section line easements. An individual
may construct a road or trail along a valid section line easement with approval from the
State Department of Natural Resources. The State of Alaska does not issue permits or
oversee construction of public roads in section line easements. Property owners may
not block passage along section line easements. Utility companies may construct
powerlines in unused section line easements (AS 19.10.010). The DOTPF and the
Borough issue permits for use of section lines by utilities.
Title 17 of the Borough Code, which governs Borough Land Management, allows
reservation of trail corridors for public use, and requires such reservations when
Borough land is sold or leased. However, no procedure has been established for
identifying, reserving, or managing these trails. Under borough land classification, land
used for trails needs to be classified as "recreation". This land class cation is exclusive;
it cannot be combined with another land classification. While a "recreation" classification
may be appropriate where concentrated recreational trail use is expected, most trails
can co-exist with other land uses.
Additionally, without recreation powers, borough land classified as "recreation" cannot be
managed for this purpose. Trails have been developed and maintained on Borough
lands through management agreements with community organizations and trails user
groups (e.g. Tsalteshi Trail System). Several other community and trail user
organizations have requested establishment of a management agreement with the
Borough. The lack of trail or recreation authority in the Kenai Peninsula Borough makes
the administration of management agreements problematic both to the Land
Management Division and to the volunteer groups.
There is considerable public interest in preserving and expanding recreational trails
throughout the borough. In a public opinion survey conducted by the Kenai Peninsula
Borough in 1991, 82 percent of respondents favored development of bicycle or
pedestrian trails. Communities throughout the borough have ident~ed a need for
additional trails and trail management. A number of non-profit organizations and trail
user groups have organized to improve, maintain, or plan trails. Lack of regional trail
authority often hinders these volunteer efforts.
The clear authority to obtain and manage legal public rights-of--way and easements for
public trail use is essential to establishing a permanent trail system in the Kenai
Peninsula Borough. Establishment of trail authority will allow existing trails to be
reserved and managed for public transportation and recreational use. It will allow the
borough to regulate uses on trails, obtain new trail corridors, and maintain existing trails,
and expend grant money for trails purposes.
22
Goal 1.1: Adopt the necessary authority in the Kenai Peninsula Borough to
provide dedication and management of a system of dedicated public trails in
borough communities.
Policy 1.1.1: Pursue available options for establishing trail powers and
authority and will adopt these powers and authorities in accordance with
the desires and needs of the citizens of the Borough.
Objective: Pursue placement of a ballot question regarding the adoption
of Trail Powers before KPB voters.
Goal 1.2: Integrate trail access into the long-range planning efforts of the Kenai
Peninsula Borough.
Policy 1.2.1: Include trail access in regional land use planning and
transportation planning.
Goal 1.3: Provide efficient management of a trails in the Kenai Peninsula
Borough.
Policy 1.3.1: Define the specific responsibilities of the different
departments within the Borough involved in establishing and managing a
system of Borough trails.
Objective 1: Amend Title 17 of the KPB Code of Ordinances to allow
.dedication of public trails across borough owned or managed lands
regardless of the classification.
Objective 2: Amend Title 14 of the KPB Code of Ordinances to extend
enforcement authority to dedicated trail rights-of-way and dedicated trail
easements.
Objective 3: Establish clear procedures for dedication of trail rights-of-
way on Borough owned or managed land.
Objective 4: Establish clear procedures for acceptance of trail rights-of-
way from private landowners.
Objective 5: Establish clear procedures for the establishment of
cooperative agreements with trail user groups interested in managing or
maintaining Borough trails.
Objective 6: Coordinate with the KPB Road Service Area Board for
establishment of trailheads and accomodation of trails within existing road
rights-of--way.
Objective 7: Work with the Alaska Departments of Natural Resources
and Transportation and Public Facilities on a management agreement for
section line easements.
23
Issue 2: Establishing and Protecting Legal Trail Corridors for
Public Use
Fragmented or non-existent legal status along trails is a major obstacle to a dedicated
system of community trails. Many of the trails that are important to communities have
been informally established over time on historically preferred routes without regard to
land ownership. As a result, some trails traverse a patchwork of land ownership. Even
though a trail may exist on the ground, and be well used by the public, without some
form of legal protection, the public has no assurance of being able to use that trail in the
future.
Except as provided by public access easements, private land is not open to public use.
Often, trail users are unaware of the ownership status of the land.
Since statehood, extensive changes in both land ownership and land use have occurred.
Public lands have been conveyed to Native Regional Corporations or other private
parties. Other areas previously open to public use have been restricted by transfer to
the University of Alaska or the Mental Health Land Trust or by inclusion in certain state
or federal conservation units. Many public land transfers have occurred without
reservation of trails or adequate area for trailheads. Furthermore, previously vacant
private land is being developed at an ever increasing rate.
Trails historically used by the public are being lost to public use. Dedicated public
access must be established in order to protect public use of trails for recreational and
transportation. Establishing legal public access can sometimes be accomplished on
existing trail routes. Other trails wilt need to be rerouted to take advantage of available
public land, or to avoid private land. It is essential to identify important transportation
and recreational trail routes, and potential alternatives, and begin protecting those routes
as soon as possible. Existing trails of local or regional significance may need to be
accommodated or relocated as private land is developed.
Legal public access is available in several forms. The most important distinction to be
made in legal public assess is that between an easement and aright-of--way. A public
easement is anon-possessing interest that allows use of a trail. The ownership of the
land over which the trail corridor passes is owned by whomever owns the land
surrounding the trail. A public right-of--way (ROW) is a linear strip of land held by the
public for a particular use. In the case of a public right-of-way, the public owns the land
directly beneath the trail corridor.
Public access in the form of an easement or right-or-way can be obtained or established
in a variety of ways such as reservation by a public agency, dedication by a private land
owner, dedication during platting, or purchase. The use of "prescriptive rights" is legal in
the State of Alaska, and may be applied to public use of roads or trails. However,
claiming prescriptive rights for recreational purposes has been controversial and
unsuccessful in most legal suits. The Borough will not use prescriptive rights
(prescription means the acquirement of title or right to something through its continued
use or possession over a long period of time) for the establishment of recreational trail
routes. An exception to this policy might occur when use of a °friendly condemnation" is
beneficial to all parties. Cooperative methods, such as tax incentives, fee simple
purchase, or conservation easements are recommended for establishing legal trail
24
access. The borough should remain flexible in the types of access arrangements it
accepts. For example, some land owners are reluctant to provide a public easement,
but might agree to a trail on a "try and see" basis, allowing a one year trial period. The
borough should also be prepared to seek alternative public access routes where
continuous dedicated public access cannot be obtained.
Utility easements and pipelines are often used as trails by the public. These easements
are not legal public access routes. They are established specifically for use by a utility
company or pipeline. Use of high speed snowmachines and ANs in the vicinity of utility
poles, pipeline valves, or other above ground devises creates liability concerns for utility
companies. Public trails should generally be established in a separate location from
utility easements with above ground facilities.
Goal 2.1: Develop and protect public access rights to existing trails of community
and borough wide importance while respecting the rights of adjacent private
property owners.
Policy 2.1.1: Prescriptive rights or eminent domain powers should not be
used for acquisition of recreational trail easements.
Policy 2.1.2: Produce and promote educational materials to inform trail
users about the need for legal trail access, and the procedure for obtaining
legal access.
Policy 2.1.3: The Borough will work with landowners to obtain legal
protection of public trail access for locally significant trails by pursuing
voluntary dedication of trail easements, rights-of-way, trail permits,
cooperative agreements, of other forms of written permission.
Objective 1: Encourage passage of borough tax incentives to landowners
who dedicate trail easements and trailheads to public use.
Objective 2: Provide clear guidance to private landowners interested in
dedicating trails to public use.
Objective 3: Work cooperatively with public and private landowners to
obtain land for trailheads and minimize impacts on adjacent property
owners.
Policy 2.1.4: Trailhead areas shall be identified for acquisition and public
dedication, and shall be located and managed to minimize impacts on
adjacent land uses.
Objective 1: Identify important trailhead locations.
Objective 2: Facilitate community and trail user meetings for discussion
and identification of speck trailhead needs.
25
Goal 2.2: Develop a regionally integrated network of trails serves local community
needs and provides access to State and Federal Trails.
Policy 2.2.1: Establish criteria for identification of existing trail routes
having community and borough-wide importance.
Policy 2.2.2: Trail easements which are reasonably necessary to guarantee
access to publicly owned land or major waterways, to connect or continue
existing trail easements, or to provide alternative transportation, shall be
dedicated to public use when land is subdivided in the Borough.
Objective 1: Obtain trail rights-of-way on private lands from willing
landowners or through the Borough Subdivision code.
Objective 2: Establish a trail dedication requirement in the Borough
Subdivision code to apply to trails of community or borough-wide
importance.
Objective 3: Administrative review of subdivision plats will include a
review for trail access needs.
Objective 4: New subdivisions which do not accommodate identified trail
needs shall be reviewed by the KPB Trails Commission prior to approval
of the final plat.
Objective 5: Amend Titles 14 and 20 of the Borough Code to provide
guidelines for accommodating trail access in road rights-of--way.
Policy 2.2.3: Encourage subdividers to cooperate with local trail users to
establish rights-of--way for existing trails of community and borough-wide
importance.
Objective 1: The Borough will provide information to subdividers
regarding the options for dedication of public use trails.
Policy 2.2.4: Identify and dedicate trails across borough owned lands to
provide continuous trail access links between private lands.
Policy 2.2.5: Coordinate with utility companies to determine appropriate co-
Use trail and utility easements.
Policy 2.2.6: Pursue acquisition of neighborhood trails in order that each
community will be adequately served by an appropriate trail infrastructure.
Policy 2.2.7: When trails of community or borough-wide importance lie
within land being sold or leased by the Kenai Peninsula Borough, a trail
right-of-way shall be retained in public ownership and designated for
appropriate uses.
26
Objective 1: Work with the Borough Land Management Division and the
Alaska Division of Lands to ensure that trails of community or borough-
wide importance are retained in public ownership.
Objective 2: Administrative review of borough land sales shall include
review for existing and needed trail access.
Objective 3: The KPB Trails Commission will review Borough land sales
for their potential effects on trails.
Policy 2.2.8: Retain trail corridors that provide connections between
existing public or community facilities (parks, schools, churches, public
buildings, shopping areas, etc.)
Objective 1: The borough will establish a clear process for nominating
dedication of public trails across borough land.
Policy 2.2.9: Maintain flexibility in the types of legal reservations or
agreements obtained for public use of trails.
Objective 1: Perpetual easement rights may be acquired in the name of
the public through dedication, reservation, conservation easement,
right-of-way permits or by cooperative agreements, or other legal
instruments.
Objective 2: Easements granting public use only during certain portions of
the year and for particular uses are acceptable for particular trail
requirements.
27
Issue 3: Agency Coordination
Ownership of land and water bodies is held for the public by federal, state and local
governmental entities. Government agencies operate under different management
directives, and have varying responsibilities with regard to trails. Federal land includes
national parks, forest service lands, BLM lands, national wildlife refuges, etc. The
federal government also owns water rights in certain designated lands such as national
parks, wildlife refuges, national forests, has some jurisdiction over water bodies which
meet federal navigability criteria.
State owned land includes state forests, state parks, game refuges, critical habitat areas,
mental health lands, university lands, land used for specific facilities such as public
transportation services, special management areas, the Alaska Railroad, as well as land
not designated for a specific use. Many public lands are managed for specific purposes,
and are not open to all public uses, i.e., state parks, game refuges, critical habitat areas,
mental health lands, university lands, special management areas, the Alaska Railroad,
etc.
All waters in the state are held and managed by the state in trust for the use of the
people, regardless of navigability or ownership of the submerged lands, under the
Alaska Constitution and the public trust doctrine. Article VIII, Section 3 of the Alaska
Constitution reserves all waters occurring in their natural state to the people for their
common use and also allows access to navigable or public waters of the state as
defined by the legislature. With a few exceptions, the state also owns tide and
submerged lands in Alaska up to and including the mean high water mark and to three
miles off the coast.
The Borough and incorporated cities within the KPB received "municipal entitlement"
land from the State of Alaska. A portion of this land is used for public facilities and
services, other land is held for future public need, and some land is sold to private
individuals for the purpose of increasing the tax base.
As mentioned previously, there have been extensive changes in land ownership and
management in the Kenai Peninsula Borough over the last 30 years. As a result of
public land transfers, some trails in the Kenai Peninsula Borough cross public lands
managed by different federal, state and local agencies as well as private land. Alaska
was granted management of a certain amount of federal land at statehood. The Kenai
Peninsula Borough, in tum was granted a municipal land entitlement from the State. The
Alaska Native Claims Settlement Act resulted in the transfer of large tracts of federal
land to regional and village corporations. In addition, some Federal, State, and Borough
land has been transferred to private ownership. In some instances, existing trails were
not reserved for public use as land management or ownership was transferred. In cases
where the easement was retained for public use, the responsibility for management of
the trail may be in question.
Cooperation is needed among agencies in order for existing trails to be dedicated and
managed for public use, and to assure that future trail planning and development leads
to a network of recreational trails permanently established for public use.
2s
Goal 3.1: Cooperate with Federal, State, and local agencies in development of a
coordinated trails system that enhances access and recreation and avoids agency
duplication and inefficiency.
Policy 3.1.1: Work cooperatively with Federal, State, and local agencies to
encourage dedication and maintenance of trails which cross agency
management boundaries.
Objective 1: Develop agreements among Federal, State, or local
agencies involved with establishing or managing recreational trails to
define responsibilities of various agencies for specific trails.
Objective 2: Maintain active involvement in the planning processes of
other agencies to encourage development and protection of trails of
community importance.
Objective 3: Support efforts to allow cross-enforcement of agency
regulations where appropriate.
Objective 4: Review proposed state and local land sales to ensure that
public access easements and areas for trailheads have been reserved
where appropriate.
Policy 3.1.2: Cooperate with incorporated cities to establish trail system
connections beyond the city limits.
Objective 1: Borough staff or KPB Trails Commissioners should
participate in city trail planning meetings.
Policy 3.1.3: Cooperate with the Alaska Department of Transportation and
Public Facilities in the planning and establishment of trails along state
roadways.
Objective 1: Update Phase One of the KPB Comprehensive Trail Plan
and incorporate as part of a regularly updated Borough Trail Needs and
Priorities list.
Objective 2: Coordinate with the Alaska Department of Transportation
and Public Facilities, and the TRAAK Citizens Advisory Board to establish
capital improvement priorities for trail uses adjacent to roadways in the
Kenai Peninsula Borough.
Objective 3: Coordinate with DOTPF in establishment of an Adopt-a-Trail
Program for construction and maintenance of trails along Borough and
State road rights-of--way.
29
Issue 4: Liability Protection for Landowners
Liability relating to trails is a legitimate concern that warrants attention by the Borough.
However, fear of a lawsuit is often disproportionate to the actual risk of a lawsuit. A
review of court cases from across the nation indicates that liability suits related to trail
use are actually rare occurrences. A U.S. Department of Agriculture study found a total
of only 380 appellate cases in the 50 states involving recreational statutes in the ten-
year period 1982-1992. These cases involved both public) and privately-owned land
whose owners were generally not found responsible for any injuries. The "success rate"
for the plaintiffs was only 23 percent. Nevertheless, many landowners want to be
assured that liability has been minimized to the greatest extent possible before granting
a trail easement across their land or entering into a maintenance agreement on a
particular trail.
Alaska Statute 29.71.020, "Dedication of municipal property", protects the Borough from
liability for the condition of rights-of-way and easements dedicated to public use.
According to this statute, acceptance of a right-of-way or easement dedication by a
municipality may not be construed to require the municipality to maintain or improve the
area dedicated.
In Alaska, private landowners who allow open access to their property enjoy near
absolute immunity from liability for recreational injuries based on state recreational use
statutes. The intent of these taws is to protect landowners from being sued when they
give the public permission to use their land. Such laws also help to keep the cost of
liability insurance low.
Alaska's recreational use statute, AS 09.65.200, entitled "tort immunity for personal
injuries or death occurring on unimproved land", grants immunity to landowners for
personal injuries or death suffered by recreationists. This applies to rural, urban or semi-
urban lands and specifically includes trails. The statute provides uncompensated owners
of "unimproved land" immunity from tort liability for injuries resulting from a natural
condition of the unimproved property. Partly initiated by Native groups whose lands
were increasingly being traversed, a 1988 amendment expanded the scope of this
immunity by stating that a suit can only be brought against a landowner for reckless or
intentional misconduct. This statute does not distinguish particular private or public
landowners and thus applies to the Kenai Peninsula Borough as a landowner as well as
to individual property owners.
The statute's primary weakness is that it specifies immunity to liability only on
"unimproved land". Efforts to maintain the pathway to increase the value or usefulness
of the land for the benefit of the property owner rather than to protect recreational users
would probably not be considered efforts to improve the trail. Most other State
recreational use statutes in effect around the nation are more explicit and provide
greater level of protection to landowners. For example, New York State's statute reads,
"Assuming no fee is charged and no other consideration is received, the landowner
owes no duty to keep his premises safe for woodcutting or gathering of firewood,
hunting, fishing, trapping, training of dogs, boating, canoeing, hiking, horseback riding,
bicycling, motorized vehicle operation, cross country skiing, hang gliding and cave
exploration" (NY General Obligations Law, Section 9-103).
30
While Alaska's recreational use statute does provide liability protection to landowners,
improvements could be made to the statute to benefit both the trail user and to the
property owner. Because outdoor recreation is popular in Alaska, several agencies and
organizations are working to expand liability protection for the landowner. The National
Parks Service, State Department of Natural Resources (DNR), the City of Valdez,
Municipality of Anchorage, and others are considering legal and legislative strategies for
expanding liability protection through the recreational use statute, and by other means.
One of the most significant efforts has been spearheaded by DNR, Division of Parks and
Outdoor Recreation which is working to propose a bill that grants full liability immunity to
private landowners who grant a conservation easement. Called "An Act relating to the
liability of landowners for civil damages for certain acts or omissions occurring on lands",
the bill has been supported by the Alaska Municipal League, and is expected to be
presented during the next legislative session. If passed, private property owners who
allow public use of their property may be encouraged to place part of their land holdings
into conservation easements so as to obtain the fullest possible protection from liability.
Goal 4.1: Work towards minimizing trail liability within the Kenai Peninsula
Borough Trail System.
Policy 4.1.1: Encourage passage of legislation to further limit the liability
of landowners and public agencies
Objective: Pursue state laws and/or Borough ordinances to minimize
landowner liability related to trails.
Policy 4.1.2: Exercise care to ensure Borough trails are reasonably safe for
the intended use and minimize liability exposure.
Objective: Establish design and maintenance standards for borough
trails.
Policy 4.1.3: The Borough will encourage dissemination of information to
increase public awareness of methods to reduce liability related to trails.
Objective: Establish a trail user and property owner education and
information program to increase public awareness on minimizing
liabilities.
31
Issue 5: Encouraging Positive Trail Use
Multiple use trails are an efficient and economical way to provide trail opportunities to
diverse users. Due to limited rights-of--way, multi-use trails are sometimes the only
alternative. The conflicts that sometimes accompany shared use of trails can be very
emotional and are not issues that land managers are likely to eliminate altogether.
While conflict on trails is not the usual situation, it can be a serious problem in some
areas. With cooperation, planning and management, shared-use trails can be an
excellent way to accommodate many types of users with minimal conflicts.
In the Kenai Peninsula Borough, many traits accommodate multiple modes of travel and
recreation. Cooperation and courtesy among trail users is essential on multiple use
trails. There are many different perceptions among trail users and property owners about
which types of trail uses are compatible with each other and with adjacent land uses.
Most frequently, the principal issue centers around compatibility of motorized and
non-motorized trail use. Many homeowners do not consider motorized trail use
appropriate in residential areas. In rural areas where trail use is not as concentrated,
fewer conflicts exist between different types of trail use.
Reduction in user conflicts comes with the recognition of other legitimate trail activities.
In a time of increasing population and decreasing budgets, trail users must work toward
expansion of trail opportunities for all rather than restriction of opportunity for some.
User compatibility is the ability of trail users to tolerate other trail users. User
compatibility depends on a trail user's attitudes toward the environment, etiquette and
standards of behavior, levels of tolerance for other people, as well as the design and
physical condition of the trail. User conflict is generally the result of opposing
expectations, attitudes, beliefs, and safety concerns. Quiet enjoyment and exercise may
be a goal of one trail user, while the excitement of maneuvering a motorized vehicle at
high speeds may be the goal of another.
Conflicts can occur between users of different levels of technology (canoe-motorboat,
skiier-snowmachiner, hiker-biker). Conflicts between users of different levels of
technology are often asymmetrical. For example, a cross country skier may be
displeased in meeting a snowmachine on a trail, but a snowmachiner may be less likely
to be offended by the presence of a skier. In general, trail users enjoy meeting like
users, but dislike meeting others using faster and more mechanized means of travel.
Another type of trail conflict is resentment toward newcomers. People tend to want a
particular place to remain the way it was when they first arrived. This attitude has been
described as the "last settler syndrome".
Some trail conflicts are caused by adjacent land uses. Noise and smell from roadways
and aircraft can have as much or more impact on trait experiences as conflicts with other
users.
User education is one method to maximize enjoyment and reduce conflicts. Individual
behavior ultimately ensures personal safety, protection of resources, and an enjoyable
trail experience. Education of the public and users involves providing adequate
information describing each trail in order to help form appropriate expectations, and
32
advising potential users on expected behavior and trail etiquette. The better educated
the user, the less regulation or enforcement is needed and more successful the trail will
be in meeting user goals. Trail information should include the intent of the trail, reasons
for specific rules, expected trail ethics, and penalties for violation of rules. The user will
also need to know who is the managing authority and how to alert them to trail problems.
Communication and cooperation among user groups enhances the opportunity for
enjoyable trail experiences for all users. Familiarity with the expectations of user groups
is also important. Trail users who are unfamiliar with the needs and expectations of
other users can make unrealistic demands to land management agencies. It's important
that trail users know and understand other trail users so they can effectively
communicate among each other and with land management agencies.
Trail managers need to address difficult issues on a case-by-case basis. Safety is a
primary concern in resolving trail use conflicts. Trail conflicts should be handled directly
and openly to keep tension at a minimum, foster cooperation, and strengthen trail
constituencies. The best approach will always be dictated by local conditions and
available resources.
Goal 5.1: Encourage mutual respect and consideration among users of multiple-
use trails.
Policy 5.1.1: Encourage production and dissemination of educational
materials to increase public awareness of trail issues and provide
information regarding etiquette and safety rules.
Objective 1: Promote or produce appropriate educational materials to
increase public awareness of trail courtesy, especially on multiple-use
trails.
Objective 2: Provide clear, accurate information at trailheads regarding
expected trail conditions and potential conflicting uses, and
recommended trail etiquette.
Objective 3: Develop uniform signage and symbols for trail use
designations.
Policy 5.1.2: The Borough Trails Commission will offer recommendations
for the resolution of trail use conflicts.
Objective 1: The Trails Commission will establish a process for public
discussion of trail use conflicts.
Objective 2: Involve trail users in resolution of trail use conflicts as early
as possible.
Objective 3: Provide information to encourage trail user organizations to
better communicate trail etiquette and user cooperation guidelines to their
members.
33
Objective 4: Engage trail users in ongoing discussions and dialog to
breakdown perceived trail user stereotypes.
Goal 5.2: Protect private property adjacent to trails from unauthorized use or
environmental damage.
Policy 5.2.1: Inform trail users of the land ownership status on trails.
Objective 1: Provide information regarding land status and allowable trial
uses at trailheads.
Objective 2: Use unique trail markers to designate whether a public trail
is crossing private or public land.
Policy 5.2.2: Work with private landowners to design and manage trails to
minimize impacts on private property.
Goal 5.3: Provide a variety of trails that meet the needs of diverse user groups,
ages and ability levels.
Policy 5.3.1: Provide trail opportunities for all users of all abilities
Objective: Promote development of handicapped accessible trails.
Policy 5.3.2: Establish designated uses on some individual trails or trail
segments in order to ensure high quality experiences.
34
Issue 6: Managing Trail Use
There will always be some who cannot be persuaded to cooperate with other users, or
be considerate of adjacent landowners, and whose lack of consideration threatens the
positive impact made by the majority of trail users. Multiple use trails may not succeed
without regulations and effective enforcement.
Residents of Alaska have indicated a preference for the establishment of both multiple
use and designated-use trails. Offering adequate opportunities for a variety of trail
experiences will allow users to avoid trails with high potential for user conflicts. Many
trail users currently avoid conflict by using less popular trails. As the population of the
Southcentral Alaska increases, the frequency and intensity of trail use conflict will likely
increase to the point that .management of trail use will be necessary. Designating
separate trails for different uses can minimize the need for such management.
Regulations and enforcement are most effective when developed with the input and
cooperation of affected user groups, and when the reasons for regulations are clearly
communicated. Regulation of trail use can include speed limits, restrictions on the time
or season of use, allowable activities, and right of way (who must yield to whom) rules.
Trail uses can be separated or restricted for reasons of safety, aesthetics, compatibility
with surrounding land use, maintenance, and the potential for environmental
degradation. Trail managers need to be concemed with maintaining user safety,
protecting the environment, and providing high quality trail experiences.
Before new public trails are dedicated, adjacent land owners and trail users want
assurance that the trails will be properly managed. Developing a trail management plan
can assure all concemed that the trail will be adequately managed. The management
plan should address maintenance, intended uses, enforcement, and other policies.
Enforcement of regulations can be extremely difficult in an area of the size and
complexity of the Kenai Peninsula Borough. Local residents who take responsibility for a
trail are often the most effective and diligent enforcement through "patrolling" the trail
and educating trail users.
Goal 6.1: Provide trail opportunities throughout the Borough for a variety of
activities, ability levels, and kinds of experiences.
Policy 6.1.1: Provide legal open riding areas for ANs, dirt bikes and off
highway vehicles.
Objective: Design multiple use trails which include off-road motorized
uses.
Policy 6.1.2: Provide for specific uses on some individual trails or trail
segments in order to ensure high quality experiences and compatibility
with adjacent land uses.
Objective 1: Involve adjacent landowners in the establishment of
management guidelines that reflect the desires of local residents.
35
Objective 2: Provide adequate opportunities for mobility-impaired trail
users.
Objective 3: Encourage and work with communities, land owners, and
land managers to ensure recreational trails are available for a variety of
recreational uses.
Objective 4: Encourage and work with communities, land owners, and
land managers to establish non-motorized trails where need is identified.
Goal 6.2: Address public safety needs on trails in the Borough.
Policy 6.2.1: Trails and associated facilities will meet acceptable safety
standards for their class.
Objective 1: Identify and develop trailheads that meet the needs of trail
users.
Objective 2: Establish safe use standards for development and
maintenance of trails in cooperation with user groups and the public.
Objective 3: Promote public education on trail behavior and etiquette to
minimize safety risks.
Policy 6.2.2: Promote development of motorized recreational trails outside
of residential or urban areas.
Objective: Identify trails or use areas adjacent to, but not within,
residential areas which can be used for motorized recreation.
Policy 6.2.2: Where recreational trails are established for multiple uses and
use increases to the point where conflicts become increasingly serious
requiring use limitations, the KPB Trails Commission shall determine the
most appropriate management and seek alternative trail routes for
displaced trail users.
Objective 1: Retain wide corridors for trails designated for multiple uses
whenever possible in order to accommodate separate lanes for
incompatible trail uses.
Objective 2: Identify the primary recreational uses of trails when
designated in order to facilitate future decisions on use.
Goal 6.3: Manage trails in ways that help protect and maintain natural, cultural,
and historic resources.
Policy 6.3.1: Promote public identification and appreciation of important
natural, cultural, and historic resources along borough trails.
36
Issue 7: Trail Design and Maintenance
Properly designed traits are the key to minimizing trail maintenance costs. Well-designed
trails reduce maintenance costs and environmental impact. Improperly designed trails
are expensive to maintain, present safety hazards, and may cause environmental
damage or restrict users. Many informal trails climb excessive grades, traverse steep
hillsides, cross wetlands, or degrade riverbanks. Acts of nature, such as floods,
windstorms, earthquakes, and avalanches, can deplete a trail maintenance budget and
take personnel and resources away from other trails. Impacts associated with acts of
nature may be minimized by proper trail location.
With a lack of personnel and maintenance dollars, many trails, regardless of design,
often aren't maintained to the level that the public desires. When trails aren't
maintained, erosion can become a problem; trail users often reroute the trail around a
poorly drained portion of the trail, causing even more maintenance problems. Brush or
grass growing in the trail corridor can make sections of trail hard to find.
Few community trails in the Borough receive maintenance. Those that do, have
generally been °adopted" by a trail user group, and are maintained to serve members as
well as the general public. Limited funding for trail construction and maintenance can be
used more efficiently by engaging assistance from volunteers. During the public
comment process, many trail users indicated a willingness to volunteer time to improving
and maintaining trails. However, the need for a certain amount of funding is
unavoidable.
Trail users have indicated they want better marking of trails, signing, grooming, proper
trailhead facilities, and information about of trail conditions. Trails intended for different
uses have different maintenance requirements. Trails that are constructed or
reconstructed without proper design can invite maintenance problems, as well as safety
and aesthetic conflicts between users.
There are also liability questions concerning trail design and maintenance. The borough
and user groups can reduce liability exposure by constructing trails to accepted national
guidelines. When nationally recognized guidelines are incorporated into trail design and
maintenance, liability risk is reduced.
Goa17.1: Develop trail design, construction, and maintenance standards for
dedicated public trails in the borough.
Policy 7.1.1: Trails shall be considered an integral part of the
transportation system, and where trails are associated with upgraded or
newly constructed roadways, they shall be constructed at the same time as
the road upgrade or construction. Costs of trail acquisition and
construction shall be integral to the cost estimates for the roadway.
Policy 7.1.2: Develop trail design and maintenance standards that are
consistent with accepted national standards, and accommodate user
needs.
37
Objective 1: Develop specific design and maintenance standards for
borough trails.
Objective 2: Establish consistent trail signage and a public information
program, using uniform symbols for trail activities.
Objective 3: Create a resource library in the KPB Planning Department
on trail design, construction, and maintenance.
Objective 4: Encourage trail user groups and volunteers to follow these
standards on borough trials.
Objective 5: Develop a trail monitoring form for users to report trail
conditions to land managers.
Goal 7.2: Develop an efficient maintenance system that maximizes available
resources and provides high quality trails and trailheads.
Objective: Develop a maintenance plan and guidelines that involve
regular safety inspections.
Goa17.3: Design, manage, and maintain trails in ways that help protect and
maintain the natural and cultural resources.
Policy 7.3.1 : Periodically review design and maintenance standards to
ensure they remain consistent with accepted national guidelines and
accommodate user needs.
Policy 7.3.2: On trails in road ROWS, the Borough will separate motorized
and non-motorized trail uses wherever possible.
38
Issue 8: Developing Funding Sources
Funding is critical for acquisition, construction, and maintenance of public trail
easements and rights-of-way. While funding is always a challenge, it is not necessarily
insurmountable. The main sources of trail funding are federal and state government,
local taxes, private foundations, charitable contributions, and trail user fees.
Trail funding has proven to be a wise investment of public money in communities across
the country. The investment into a trail system is minimal when compared to the money
spent on trail-based recreation. Trail users spend money on recreational equipment,
food, and lodging. Trails attract additional visitors to an area. Several studies have
shown that residential property along a public trail sells more quickly and for a higher
price than similar property without a public trail amenity. A good trail system can also
attract new businesses to a community.
Trail efforts around the nation received an important boost in 1991 with enactment of the
Intermodal Surface Transportation Efficiency Act (ISTEA). This popular legislation
provided for a percentage of Federal Highway funds to be dedicated to transportation
enhancements (including trails). Both the U.S. Senate and House of Representatives
recently passed versions of a reauthorization of this Act (called BESTEA, or Building
Efficient Surface Transportation and Equity Act). Funding is provided for construction of
trails or other enhancements along Federal Highways (the Sterling and Seward
Highways). However, money for maintenance of these trails must come from the
operating budgets of the DOTPF.
A very significant initiative in the State of Alaska is the Trails and Recreational Access
for Alaska (or TRAAK) program. TRAAK is a coordinated effort of the Alaska Governor's
Office, DOTPF, DNR, Department of Fish and Game, and Division of Tourism. The goal
of the program is to enhance transportation by improving access to trails and adding
critical trail links. A major TRAAK effort is the development of an "Alaska Trails System"
to identify Alaska's best winter and summer trails and provide funding for maintenance.
The TRAAK Citizens Advisory Board, appointed by the Governor to represent a variety
of recreational users, advises DOTPF on the Statewide Transportation Improvement
Program (STIP) and the DNR on recreational trails. In addition, the DNR Division of
Parks and Outdoor Recreation administers the National Recreational Trails Fund Grants,
or Symms Grant Program. These grants are for trail development, maintenance,
environmental protection or safety education programs relating to trail use. Many trails
may be eligible for funding under this program, which has been increased substantially
under BESTEA. To receive Federal or State grant funding, trails must be identified in an
approved community plan.
The National Park Service, Rivers, Trails, and Conservation Assistance (RTCA)
Program is another source of assistance to local governments and trail users. The
RTCA provides technical assistance in trail planning, preservation, development, and
maintenance. The RTCA is developing a database of additional trail funding sources
that may provide funding assistance for local trail efforts.
Private charitable foundations and land trusts can also play an important role, both in
funding and assistance with real estate transactions.
39
Some trail user groups obtain money for trails through membership fees, pull-tabs, user
fees, and fundraising events.
Users of both motorized and non-motorized trails have expressed a willingness to
support trails through user fees or vehicle registration fees if they were assured those
funds would be dedicated for use on trails. The inablilty to earmark state funds for trail
use is a serious deterrent to establishing such a funding system.
Goal 8.1: Provide stable funding sources for establishment and maintenance of a
Borough Trails System.
Policy 8.1.1: Submit grant applications to obtain funding for trail planning,
administration, acquisition, development, maintenance, and programming
efforts.
Objective: Establish a Trail Coordinator position within the Planning
Department to oversee trail development and management, coordinate
with user group and individual volunteers, supervise an Adopt-a-Trail
program, submit grant applications, administer grants, maintain a trail
inventory and trail needs and priorities list, and provide staff support to
the Borough Trails Commission.
Policy 8.1.2: Support amendments of State regulations to allow dedicated
use of trail user fees, taxes on recreational equipment, or fees for
registration of recreational vehicles.
Policy 8.1.3: The Borough will continue to research alternative sources of
funding for trails.
Goal 8.2: Minimize trail development and maintenance costs.
Policy 8.2.1: Coordinate with other agencies to maximize effective use of
available funding.
Policy 8.2.2: Utilize existing funding mechanisms where available.
Objective 1: Use land management funds to survey and dedicate trails
on borough owned and managed land
Objective 2: Rely on acquisition of trail easements through the
subdivision process as the lowest cost option for obtaining trail
easements
Policy 8.2.3: Pursue the least cost options for easement acquisition.
Goal 8.3: Coordinate and provide comments to the State on all proposed trail
projects within the Kenai Peninsula Borough.
40
Policy 8.3.1: All National Recreational Trail Funds Grant applications
within the Kenai Peninsula Borough will be reviewed by the Trails
Commission for consistency with Borough trail needs and priorities.
41
Issue 9: Encouraging Partnerships
Trails thrive on a mix of involvement by both public agencies and private partners. Many
local residents, community groups and trail user groups in the Kenai Peninsula Borough
are already active in volunteer efforts to develop and maintain community trails. Many
others are eager to contribute. As the positive economic impacts of trails and
recreational development become clear, private developers may be inclined to
participate in trail development and maintenance. Volunteer involvement will be a critical
component of trail systems in the Kenai Peninsula Borough. Without the help of
volunteers in design, construction, and maintenance, a Borough trail system can not
succeed.
Volunteers can assist in a variety of ways, including tasks associated with obtaining trail
easements, construction, maintenance, monitoring, signing, and user education.
Providing an organized and on-going program to support volunteer efforts, and a method
to recognize volunteers for their contributions will help establish and maintain a strong
trail system.
"Adopt-a-Trail" programs have been successful in other areas in Alaska and throughout
the nation. Under these programs, trail user groups or community organizations take
responsibility for the construction and long-term maintenance of a trail. In return, the
sponsoring group receives recognition, may have priority use of the trails for group
events, and may collect user fees or hold fund-raising events to help recover the cost of
maintaining the trails. There are several trail groups in the Borough willing to formalize
their commitment to developing and maintaining trails or trail systems in their
communities. In addition to organized groups, individual trail users are willing to
volunteer their time and effort.
While these are very efficient and cost-effective programs, they cannot succeed without
coordination, supervision, and administrative support. Many agencies have experienced
more public interest in participating in such programs than land managers have time to
organize, coordinate, or supervise.
Goa19.1: Encourage and facilitate volunteer efforts among trail users and citizen
groups to implement actions in this plan.
Policy 9.1.1: Provide a variety of options for volunteer participation in a
Borough Trail Program
Objective 1: Establish an °adopt-a-trail" program for user groups and
other volunteer organizations to assist in or be responsible for maintaining
designated trails.
Objective 2: Establish a program for individuals to participate in
construction, maintenance, and/or marking of specific trails
Objective 3: Coordinate volunteer events at which individuals may
contribute to the development or maintenance of borough trails.
42
Policy 9.1.3: Make it easier for individuals or user-groups to volunteer.
Objective 1: Provide clear, concise information on how to participate as a
volunteer.
Objective 2: Create a streamlined and simple permitting process for
activities on borough trails.
Objective 3: Provide guidelines for safety in trail work.
Objective 4: Require volunteers to sign disclaimers for personal injury.
Objective 5: Indemnify trail user groups who to sign maintenance
agreements with the Borough.
Policy: Encourage local residents and groups to undertake local trail
planning and implementation.
Objective: Prepare astep-by-step guide on how to establish a dedicated
community trail.
43
IV. Implementation
A. Four Steps to Trail Results
Policy recommendations requested by the KPB Assembly are contained in this
document. Adoption of this Trail Plan and the policies contained in it is the first step
toward tangible results for Kenai Peninsula Borough trails. Following is a suggested path
from trail planning to tangible trail action:
Step 1: Inventory Issues, Needs, and Trails -This step involves identifying existing
trails, identifying issues and needs common to all Borough communities, identifying
potential solutions, obtaining agreement among citizens and governing bodies on
direction for action. Step one is accomplished through adoption of the Comprehensive
Trail Plan, and continuing to inventory existing trails and trail needs.
Step 2: Define Specific Borough Needs and Priorities -This step involves
identifying priority improvements within communities, developing and agreeing upon a
list of community and borough-wide priorities. It is proposed that this step be undertaken
by the Borough Trails Commission following the completion of step one.
Step 3: Select a Strategy to Improve a Particular Trail or Solve aProblem -This
step may be performed by any interested group, individual or official body. It includes
identifying and analyzing alternative routes or potential solutions to one particular
problem, gathering public opinion, further evaluating of the preferred alternative, and
gaining the approval of necessary authorities.
Step 4: Implement a Trail Improvement - This step may be performed by interested
groups, individuals, or official bodies, and will usually require close cooperation among
various concerned parties. Actions include preparing construction plans or designing a
legislative solution, estimating costs of materials and labor, and constructing the
improvement, or implementing the legislative solution.
B. Trail Inventory
The KPB Trails Commission has begun a trail inventory and assessment that is
designed to identify trails and needed acti6ns on trails. A series of 226 maps, showing
both physical features and land ownership were prepared to aid in identifying existing
trails in the Borough. Using trails identified by the State Department of Natural
Resources in its 1993 Kenai Easement Atlas as a starting point, the public was asked to
identify important existing or needed trail routes on these maps. The inventory is
intended to identify trail corridors used by borough residents, whether there is legal
public assess or not. An inventory of trails on the 10 million acres of land within the
Kenai Peninsula Borough is a major undertaking and will be an ongoing project.
Efforts have been focused toward identification of trails of community wide importance.
In some instances, people are reluctant to identify these trails for fear they will become
more heavily used. Unfortunately, trail routes that are not identified have little chance of
becoming legal public trails, and are likely to be lost to public use. Others are reluctant
44
to identify community trails out of concem that eminent domain will be used to acquire
trails on private land for public use. The Kenai Peninsula Borough has no intention of
employing "eminent domain" powers for the establishment of public use trails. If an
important community trail route cannot be dedicated to public use through cooperative
means or during land subdivision, alternative public access solutions need to be
determined. As people become more familiar and comfortable with the goals and
intentions of trail planning in the Borough, and the advantages of identifying and
supporting local trails, we expect additional trails to be identified.
In addition to identifying trails used by the public, there is a need to inventory available
public access routes, such as section line easements, that are not currently used, but
may provide public access in the future or a needed link for rerouting of a trail. Neither
the state nor the borough have an inventory of valid section line easements within the
borough. Researching the status of section lines is time-consuming, requiring parcel by
parcel historical survey research. The Borough recently obtained grant funding for an
inventory of public access routes (including section line easements) to the Kenai River.
That study will begin this year, and will lead to development of an interagency
management plan for public access to the Kenai River. While continuing this type of
research in other areas with public access concem (e.g. coastlines) is desirable, it is
dependent on funding.
At present, the best source of information on public trail routes in the Kenai Peninsula
Borough is the Kenai Easement Atlas, prepared by the State Department of Natural
Resources. This Atlas shows the major dedicated public use trails in the Borough.
The Trails Commission has sought to identify trail routes used by the public, regardless
of the legal status of the trail. Publishing an inventory or map of existing local trail routes
without regard to the legal status of the trails could imply Borough endorsement of public
use of these trails, and could easily exacerbate conflicts between land owners and trail
users. Several steps need to be taken before an inventory of community trails can be
made public.
1) Trail locations must be verified. If no public trail easement currently exists on
a trail, we need to know where the trail is in relation to property lines. If there
is a legal trail easement or ROW, we need to determine if the trail is in fact
located within the designated easement. In most instances, sufficiently
accurate trail locations can be determined using differential global positioning
system (DGPS) surveys. The RTCA offers technical assistance to local
governments in conduction DGPS surveys of local trails.
2) The legal status of trails must be researched. Thoroughly researching a
specific trail or area requires review of State Status Plats, Federal Master
Title Plats, 17(b) easement maps and documentation, subdivision plats and
recorded instruments.
3) Legal access must be obtained. If a trail does not have continuous dedicated
public access along the length of the trail, legal access will need to be
obtained, or the route will need to be relocated to provide legal public access.
Only when the trail has continuous legal pubic access can it be included on a trail map
for public distribution.
45
The current Borough trail maps, developed during preparation of this plan are a valuable
planning tool and will continue to be developed and refined.
C. Preparation of a Trail Needs and Priorities List
Resources for dedication and improvement of trails are limited, and competition for
available funding is intense. To obtain the greatest public benefit from limited funding,
community trail improvements need to be prioritized.
In this plan, the Trails Commission has concentrated its efforts on identifying issues and
needs common to all borough communities. The Commission intends to now focus on
identifying specific trail actions that are priorities for Borough communities. Many
communities and individuals have already commented regarding their priority
improvements, and a preliminary trail needs list has been developed (see Appendix B).
The Commission will continue to solicit public input on specific trail needs from
communities, user groups, and individuals. Trail proposals will need to be evaluated and
ranked based on criteria such as:
• community use, need, and commitment
• safety
• connections to other trails
• connection to "traffic generators"
• road development
• population to be served
• ability to serve a spectrum of users or to provide an needed facility for a
separated use
• environmental concerns
• cost and cost-effectiveness
Community needs and opportunities change. Therefore, the Trail Needs and Priorities
list will be developed as a stand alone document and will be appended to the Trail Plan.
The Trail Needs and Priorities list will be updated annually. Final approval of the annual
trails needs and priorities list will rest with the Assembly.
46
APPENDIX A: Glossary of Terms
ADA: Americans with Disabilities Act.
ADL easement: An easement granted by the•Alaska Dept. of Natural Resources,
Division of Land. Uses allowed on an ADL easement are those established by law and
specified in the grant of easement (i.e., right-of-way permit).
ANCSA 17(b) public easement: A public access easement established under section
17(b) of the Alaska Native Claims Settlement Act.
ATV: All Terrain Vehicle: three, four or six wheeled vehicle with a wheel base of less
than 40 inches.
BLM: U. S. Bureau of Land Management
BLM easement: An easement reserved by the federal Bureau of Land Management.
Uses allowed on a BLM easement are those established by law and specified in
conveyance documents.
DOTFP: Alaska Department of Transportation and Public Facilities
DNR: Alaska Department of Natural Resources.
Easement: An interest in land owned by another that entitles its holder to a specific
limited use or enjoyment. Easements are reserved for specific purposes, typically trails,
roads, campsites and airstrips. Easements are restricted in physical size and the use(s)
allowed. The season and duration of use may also be restricted. Easements cannot be
used for other purposes.
EIN easement: An easement established under section 17(b) of the Alaska Native
Claims Settlement Act. Uses allowed on an EIN easement are those specified in the act
and in conveyance documents.
Eminent domain: A governmental right to acquire private property for private use by
condemnation, and the payment of just compensation.
Equestrian: horseback riding.
FP easement: An easement dedicated by a plat filed with the State Recorder's office.
Uses allowed on an FP easement are those established by law and specified on the plat.
Four-Wheel Drive Vehicle: vehicle with wheel base greater than 40 inches, engine
power transferred to all four wheels. May or may not be street legal.
Goal: a statement of what the program hopes to accomplish or what the community
wants in the long term. Goals state the preferred situation, and may or may not be
attainable.
Granted public right-of-way: A public access easement for which a permit has been
issued by the Alaska Department of Natural Resources, Division of Land.
Greenway: Uninterrupted corridor of vegetation which may or may not include public
access for recreation.
ISTEA: Intermodal Surface Transportation Efficiency Act of 1991; Federal transportation
bill which includes funding passed through to state departments of transportation.
KNWR: Kenai National Wildlife Refuge.
KPB: Kenai Peninsula Borough
KRSMA: Kenai River Special Management Area.
Legal public access: The right of passage, established by law, over another's property.
Legal public access is created by an easement dedicated or reserved for public access.
Legal public access exists on: 1) public land, 2) public waters, 3) navigable waters, 4)
granted or dedicated (platted) public rightsof-way, 5) section line easements, 6)
OMNIBUS roads, 7) ANCSA 17(b) public easements, and 8) R.S. 2477 rights-of--way,
LSH easement: An easement granted to the State of Alaska by a private property
owner. Uses allowed on an LSH easement are those established by law and specified in
the grant of easement.
47
LWCF: Land and Water Conservation Fund: federal matching assistance program which
provides grants for 50 percent of the cost for the acquisition and/or development of
outdoor recreation sites and facilities.
Multiple Use Trail: a trail that accommodates more than one trail use. Trail uses could
include, but not necessarily limited to: walking, hiking, backpacking, bicycling, mountain
bicycling, horseback riding, inline skating, off-highway vehicle riding, all terrain vehicle
riding, motorcycling, snowmobiling, jogging, running, etc.
Multiple Use Trail Network: a series of trails that interconnect to form a system that, as
a whole, allows for more than one use. The individual trails may be single use or multiple
use.
NPS: National Park Service.
Objective: specific actions implementing a policy
OHV: Off-highway vehicle: a motorized street-legal vehicle, with limited off-road
capabilities used off-pavement, and with a wheel base greater than 40 inches.
Omnibus Road: A road that was conveyed to the State of Alaska by the quit claim deed
dated June 3,1959, executed under the authority of the Alaska Omnibus Act. Uses
allowed on an Omnibus Road are those established by law for state highways.
Ordinary high water mark: The mark along the bank or shore of a waterbody where the
presence and action of water is so common and usual, and so long continues in all ordi-
nary years, as to leave a natural line impressed on the bank or shore. That line may be
indicated by erosion, shelving and changes in soil character, destruction of terrestrial
vegetation, or other distinctive physical characteristics.
ORM: Off-road motorcycle: motorcycle, not street legal, designed to be driven cross
country off of roads.
ORV: Off-road vehicle: motor driven vehicles capable of cross country travel, without
benefit of a road or trail, on or immediately over land, water, snow, ice, marsh,
swampland, or other terrain. Includes all terrain vehicles, off-road motorcycles,
off-highway vehicles.
Policy: specific guidance or means to achieve a goal
Private land: Land owned by a corporation or individual.
Public land: Vacant, unappropriated federal, state, or municipal land.
RTCA: National Park Service's Rivers, Trails, and Conservation Assistance Program
SCORP: Statewide Comprehensive Outdoor Recreation Plan.
TEA :Transportation Enhancement Activities: activities that enhance transportation
facilities and are eligible for funding through the Intermodal Surface Transportation
Efficiency Act of 1991.
Trail: Corridor, on land or in water, which has public access for recreation or
transportation, and is protected from development.
USDA: United States Department of Agriculture.
48
APPENDIX B: Kenai Peninsula Borough Annual Trail Needs and
Priorities List
A Preliminary Trail Needs List is currently available for review.
An Annual KPB Trail Needs and Priorities List will be appended to the Trail Plan after
further review by the Trails Commission and approval by the KPB Planning Commission
and Assembly.
Please see discussion on page 46 for additional information.
49
COMMENTS ON THE
KPB TRAIL PLAN
PUBLIC REVIEW DRAFT
Remove this page from document and mail to the address on the back. Comments will be accepted through July 31,
1998. This form is provided for your convenience only. You do not need to use the form to submit comments.
Written comments may also be faxed to 262-8618, or e-mailed to planning@borough.kenai.ak.us
Page
Number'
fold along line
From
TO:
Kenai Peninsula Borough
Planning Department
144 N. Binkley St.
Soldotna, AK 99669
Place first
class
postage
here
Kenai Peninsula Borough
June 1,1998
Kenai Peninsula Borough
144 N. Binkley St.
Soldotna, AK 99669
KENAI PENINSULA BOROUGH TRAILS COMMISSION
PRELIMINARY TRAIL NEEDS LIST
The following is a preliminary list of trails and trail needs in the Kenai Peninsula
Borough. The proposed improvements were identified by borough residents during the
KPB Trails Commission meetings held over the past year, in the 1992 KPB Trail Plan, or
during SCORP meetings held on the Kenai Peninsula. The list includes both existing and
proposed trails with and without dedicated public access. Chugach National Forest trails,
Kenai National Wildlife Refuge trails, and State of Alaska trails located near
communities are also included. Some trails are listed under more than one community.
No effort has been made to prioritize the trail needs identified in the following list. The
list is arranged by community or region as follows:
Page
Anchor Point 3 "
Community Connectors . 5
Cooper Landing 6
Funny River 8
Greater Homer Area 9
Hope /Sunrise 12
Kasilof and Clam Gulch Area . 13
Greater Kenai Area 14
Moose Pass 15
Ninilchik, Deep Creek 17
Seldovia, Port Graham, Nanwalek 19
Greater Seward Area 20
Greater Soldotna Area . 22
Sterling .23
West of Cook Inlet . . 25
Other Areas 26
The KPB Trails Commission proposes to further develop this list and, with input from
communities, rank the proposals to determine priority trail needs in Borough
communities. The ranking scheme has yet to be developed, but could include criteria
such as demonstrated community support, connectivity, safety, benefits to the
community, population to be served, cost-effectiveness, and environmental impacts. An
Annual KPB Trail Needs and Priorities List is to be forwarded to the KPB Planning
Commission and Assembly for approval.
Comments on specific trails, trail needs, and additions to the list are encouraged.
A comment form is located at the end of the document. Comments regarding trails and
trails needs may be submitted at any time. Written comments may be mailed to KPB
Planning Department, 144 North Binkley St., Soldotna, AK 99669, or faxed to 262-
8618, or e-mailed to planning@borough.kenai.ak.us
2
ANCHOR POINT AREA
TRAIL.OR FACILITY REGOMMENDATIONS AND G01iAMENTS:.~ ~~ r ,~.
.~ ~
ABC Trail (AP 1 B) New trail proposal -from Chapman school to Anchor
Point Beach -corridor needed -trailhead proposed
Anchor Point Critical
Habitat Area Needs improved access
Anchor River Trail (API
D 2 Old N. Fork ROW over Anchor River - no bridge -
winter river crossing -year round public river crossing
needed
Beach access Several used without legal public access
Caribou Hills Pioneer
loop
Chakok Historic Trail
(AP I E) Historic native route /trailhead needed/ private and
Borough land /public access needed
Cook Inlet Beach
Deep Creek State
Recreation Area Beach Access
Diamond Creek Gulch Beach access, EVOS purchase, potential for outdoor ed.
Programs, potential visitor trail, primitive camping
Diamond Creek to
Anchor Point Proposed coastal trail /most of route is State land
Elton's Ridge Trail
Happy Creek Falls (AP
II D) Dedicated public access needed
Happy Valley Trail
Happy Valley Trail Public access dedication needed /mainly snomachine trail
HEA transmission line Need access dedication
Homestead Trail
Homestead Trail Public access dedication needed
Iliamna Meadow Trail Dedication status unknown
Knob Hill Trail Trailhead needed /borough land /provides access to
Caribou Hills region
Ledger's Lake Trail State and private land /access dedication needed/ trailhead
needed
Milo Fritz-Sand Road
(APIIE) Connection between residential area and beach
3
MP 159 (AP I D 3) Connector between highway and HEA easement used as
local trail
Nikolaevsk Spur Trail Public access dedication needed
Ninilchik Dome Trail Public access dedication needed
North Fork Loop
North Shore Anchor
River (AP II A ) Beach Access/ dedication status unknown/ need trailhead
Silver King State
Recreation Area Beach Access
Sterling Highway Need sidewalks and pedestrian access in town
Troublesome Ski Trail Trailhead needed /State and possibly Borough land /
dedication needed
Twitter Creek Ridge State, Borough, and private land ownership/ need public
access dedication/ need trailhead
Twitter Creek Ridge Needs dedicated public access/ Borough, State, and
private land
Watermelon Trail Public access dedication needed
Whiskey Gulch
(AP II C) Beach Access, needs maintenance, improvements
I
CQ`MMUNITY CONNEC70RS
TRAIL.OR FACILITY RECOMMNEDA'T1~NS AND COMMENTSy:'
Anchor Point to
Ninilchik Roadside trail
Cooper Landing to Tern
Lake Pedestrian and Bicycle access
Hope "Y" to Portage Pedestrian and bicycle access
Hope to Homer Proposed new backcountry trail
Ninilchik to Clam Gulch Roadside trail
Ninilchik to Homer Trail with public use cabin half way
Seward to Moose Pass Pedestrian and Bicycle access
Skilak Lake to Cooper
Landing Roadside Trail
Sterling to Skilak Lake Raodside trail
Summit Lake to
Turnagain Pass Improved pedestrian and bicycle access (currently paved
shoulder)
Tern Lake to Moose Pass Improved access (currently paved shoulder)
Tern Lake to Summit
Pass Improved pedestrian and bicycle access (currently paved
shoulder)
Turnagain Pass to Hope
Y Pedestrian and bicycle access (portion to be completed
with Canyon Creek Trail)
5
COOPER LANDING
TRAIL.,OR;FACIL"1T1( ~, ~COMMENTS.AND RECOMMENDATIONS= y.~':.
Abandoned highway
ROW Develop and manage trail from Tern Lake Picnic area to
Crescent Creek Trail
Art Anderson Trail Trailhead needed /possible dedication needed
Bean Creek Trailhead needed/ multiple land ownership/ signage
Birch Hill Ski trails on borough land /public access dedication
needed/ management agreement needed
Business District
Bikepath Needed for safety and transportation access
Cooper Creek Trail Borough selection along trail
Cooper Lake Trail Possible dedication needed through borough land
Coyote Notch Public access dedication needed /borough and federal
land /potential accommodation with residential devel.
Coyote Ridge Potential new ski trails/ multiple land ownership
Dry Creek Proposed new trail through borough land to USFS land
Golden Eagle Trail
Juneau Bench Trails USFS trails /need formal dedication (?)
Kenai River Nature Trail By Princess Lodge -existing
Quartz Creek Trail Borough selection along trail, possible separation of
motorized-non motorized needed
Rainbow Lake Trail State Land /management (?)
Raven's Run Trail
Resurrection Pass Trail Potential for change if highway relocated
Russian Gap USFS/ Borough agreement needed -potential residential
development in area -multi-use trail area/ multiple land
ownerships
6
Russian River Trail
Sterling Highway Pedestrian access (current safety path has possible
dedication problems)
Stetson Mine Trail Borough and State Land /public access dedication
needed
FUNNY'RIVER
TRAIL'."!OR FACILITY . COMMENT,S':AND:'RECOMMEf~LDATII~N -~.:~;,~
Airport Mushing Trails
Chamber Trail
Cook's Trail
Funny River Horse Trail KNWR Trail
Funny River Road Safety/ multiple use trail along roadway
Funny River State
Recreation Area Riverfront trail
Hanson's Horse Trail KNWR Trail
HEA Powerline
Killey River Trail
Moosehorn Trail KNWR Trail
Old Funny River Road
Refuge Boundary Trail
Winter Trail to Coal
Creek Lake KNWR Trail
8
GREATER HOMER AREA
TRAIL OR FACILITY RECOMMENDATI~HS AND COMMENTS" ' -
- =y ,.
Airport Beach Access existing
Baycrest Hill Connect pedestrian access to other trails
Connect to Roger's Loop
Baycrest Ski Trails Expand trailhead, need appropriate land classification /
State Land
Beach access (general) Need parking and signage at beach access routes
Beluga Lake to Bishop
Beach West half under construction
Boxcar Hills Loop Dedicated Public access needed /Native Association
land/
Calvin & Coyle Trail
Caribou Dome Trail Snomobile trail/ need dedication of trail on public land
Caribou Hills Trails Need trailhead parking on East Road
Caribou Lake
Subdivision Trail Seismic trail through State Subdivision /need dedicated
access on State and private land
Center Plateau Trail Possible dedicated access needed /seismic trail
Circle Lake Road Trailhead needed for snowmachine access to Caribou Hill
needed
Cottonwood-Eastland Beach access trail, connect to McNeil Canyon
Grossman Ridge Trail Dedicated public access needed or relocate
Cytex Creek Trail
Diamond Creek Beach Access -existing
Diamond Creek Trail Connect to Sterling Highway and on to Baycrest
Dry Hole Trail Public access needed /State and Borough Land / snowmo
trail
Eagle Lake-Caribou
Lake Trail Continuous public access needed /Borough land
East End Road Pedestrian and Bicycle access needed
9
East Hill -Shellfish -
Mountainview Pedestrian access needed, city of Homer ~
Fairview to Reber Street Continuous dedicated public access needed
Fairweather Route Snowmobile route/ dedicated public access needed on
Borough and State land
Falls Creek Beach Access -existing
Fox River Flats Trail Dedicated Public access needed, private land involved
Gold Hill Trail Dedicated Public access needed /seismic trail
Goober Lake Trail State land /Caribou Hills area
HEA Powerline Need dedicated public access and bridges
Homer City Trails Need more commuter trails
Homer High School
Trail
Homer Jr. High trail
Homestead Heritage
Trail 9 miles - KHLT
Homestead Trail
(Rucksack Trail)
Hornaday Park Trail
Kachemak Drive
Kilcher Beach Trail 1.5 miles -proposed per conservation easement plan
Lake Street In city limits
Lookout Mountain Ski
Trails Need trailhead, appropriate classification, management
agreement
Lower Soundview to W.
Fairview City of Homer
Mary Lane Pedestrian access only/ trail may need to be relocated into
easement/ use restriction enforcement needed /check for
continuity of dedication
McNeil Canyon -
Lookout Mountain -
Baycrest Ski club proposal to connect existing recreational trail
areas with non-motorized trail route
McNeil School Trails Need management agreement between Nordic Ski Club
and Borough, need trailhead, need recreation
10
classification
McNeil Snowmobile
Trail Borough, private, and State land /continuous public
access needed
Mile 12 East Road
(McNeil Canyon) Trailhead needed for snowmachine access to Caribou Hill
needed
Mile 17 East Road Trailhead for snowmachine access to Caribou Hill needed
Ocean Drive In city limits
Ohlson Mt. Trail Continuous dedicated public access needed
Paul Banks School Trail Need boardwalks, need right-of--way
Reber Trail
Sewer Line Trail City to Ben Walter's park /dedication status unknown
South Paul Banks Trail
or "Trunk" Trail Pedestrian trail, city of homer ,needs easement
Spit pedestrian path To be constructed by State of AK
Switchback Beach
Access Possible discontinuous access to beach
Watermelon Trail Trailhead needed for snowmachine access to Caribou Hill
needed/ dedication needed on borough and native land
I1
HOPE;/ SUNRISE
TRAIL ORhFACILITY -
.,, ~, RECOMMEND'1~°TIONS:AND COMMENTS:: r.._;'._...
~ti.
ATV trail between
Palmer & Resurrection
Creeks
Bear Creek Trail Potential short trail for local and visitor use
Canyon Creek Bike/ped
trail TRAAK project near Hope "Y"
Fresno Creek Trail USFS
Gulch Creek Trail USFS
Gull Rock Trail USFS /maintain and continue to Chickaloon Winter Trail
and Mystery Creek Road
Hirshey Mine Road USFS
Hope Point Trail USFS /maintenance needed
Hope Road Pedestrian and bicycle access
Mud Lake -Porcupine
Campground
Nearhouse Mine Road USFS
Palmer Creek Road USFS
Resurrection Creek Road
Wagon Trail Dedicated access needed on Borough land
Wibel Mine Rd. USFS
12
KASILOF AND :CLAM GULCH :AREA
TRAIL~OR~FACILITY REO~'}MMENDATIOI~CS AND-COMMENTS ;;~;
,:4~,:
_ .;. ~,`
Bear Creek Trail KNWR Trail
Centennial Lake Trail DNR Trail, State land
Clam Gulch Trail Seismic Trail /dedicated public access needed
Clear Creek Trail KNWR Trail
Cohoe Loop Safety path
EIN 12A Winter Trail / 17(b) easement to Kasilof River /needs
management
Know Lake Trail 17(b) easement off Gaswell Road /needs management
Lake Emma Trail KNWR Trail
Mile 4 Cohoe Loop Beach Access
Mile 4.3 K-Beach Beach Access
Mile 9.8 Cohoe Loop Beach Access
Moose Creek Trail KNWR Trail
Pollard Horse Trail KNWR Trail /continuous dedicated access needed across
Borough land
Raven Lake Snomachine
Trail Dedicated public access needed across borough land
Sterling Highway Pedestrian and bicycle access needed
13
GREATER KENAI AREA
TRAIL UR=F' CILITY
. ; T.. RECOMMENDATIONS AND~~3MIWENTS;: '`'
~.
Beaver Loop Trail
Bernie Huss Fitness Trail Rehabilitation underway
Bridge Access Road Pedestrian and bicycle access needed
Cannery Road Beach Access improvements and trailhead needed
Forest Drive Loop Proposed community-to-beach loop trail
Kalifornsky Beach Road Pedestrian and bicycle access needed
Kenai Gulf Course Trails Lighting
Mile 11 K-Beach Road Beach Access
North Forest Drive School safety path needed
Oiler's Park Trail
Slikok Creek Trail DNR Trail
South Forest Beach Access
Unity Trail Completion needed
14
MOOSE PASS
TRAIL~OR~~FACILITY R COMMEND~-"T~t7t~t~ AND'C~WII~fENTS ~ ~ ;~.
4~~ . ;-
Bishop's Ridge USFS/ Borough selection along trail -public access
needed away from RR
Carter Lake Trail USFS ,Borough selection along trail
Case mine road USFS/Borough selection along trail
Crescent Lake Trail USFS TRail
Crown Point Road Signage, public education, borough selection
Falls Creek Road USFS, Borough selection along trail
Iditarod Trail
Johnson Pass Trail USFS/ State/federal management and enforcement
agreement needed -Borough selection
Ned's Bypass On borough selection, connects Bishop Ridge and Case
Mine Road
Pedestrian path Maintenance needed
Pedestrian path
extension Needed -both north and south
Ptarmigan Creek USFS/ Borough selection along trail
Schilter Trail State land /legal easement/ trail not existing/
Solar's Mill Borough selection along trail/ need trailhead and access
to trail
Vagt Lake Trail Trail management and maintenance needed, borough
selection along trail
15
NIKISKI
TRAIL OR~FACILI~"1(' RECOMMENDATIONS AND COMMENTS:: _~_ . .
Bishop Creek Ski trail Develop as year-round trail
Captain Cook State Park
to Swanson River Road Proposed new trail
Evacuation Route
Gray Cliff Area Trail Need locations and access determinations
High School to 7-11 Pedestrian/bicycle/ safety path
Island Lake to Lamplight Safety path needed
Mile 14 North Road Beach access
Mile 22 North Road Beach access
Mile 26.7 Arness Dock Beach Access
Mile 35.9 North Road Beach Access
Mile 40 Captain Cook Beach Access
Miller Loop Road Safety path needed
North Kenai Spur Pedestrain an bike access to Kenai
NPRSA ski trails lighting
NPRSA ski/run trails to
High School Proposed new ski/running/pedestrain trail
Otter Creek Winter Trail
Point Possession Area
Trail Need locations and access determinations
16
NINILCHIK/DEEP CREEK`
TRprtL OR~ACILITY RECOMMENDATIONS` AND Ct~NIN~ENTS ;
Barrel Trail Seismic trail
Caribou Hills Trails -
general Trailheads needed, dedicated public access needed
Center Plateau Seismic trail
Clam Gulch Trail Trailhead needed/ dedicated public access needed on
University land
Deep Creek Dome Trail Dedicated public access needed across Native Corp. and
Federal land
Deep Creek State
Recreation Area Beach Access
EIN 12 and 12a
Falls Creek Trailhead and dedicated public access needed /University
and Native Corp. Land
Gold Hill Trail
Jesse's Trail Dedicated public access needed through Native Corp.
land
Mile 126 Trail Trailhead needed /dedicated public access needed on
University and Native Corp. land
Mile 132 Trail Dedicated public access needed across Native Corp.,
State, private and University land
Ninilchik Dome Trail Dedicated public access needed
Ninilchik State
Recreation Area Beach Access, open access through park
North Bar area Trailhead needed
North Fork Deep Creek
Trails
Oilwell Road Trailhead
Red Bluff (MP 131) Beach Access
Straight-in Trail Seismic trail
17
Walking path through
town to beach needed
WaterHole Trail Seismic trail
18
SELDOVIA, PORT GRAHAM,':NANWALEK
TRAIL OR:FACILITY~ ` 'RECOMMENDATIONS'AND C M N ~ '~ ,~~
..,~
;~ '-
~.
~~~
_ ._
17(b) easements - Management needed/ public education needed /
general
Barbara Creek Trail Old mining trail /crosses SNA land to State land
City Park Trail
Mount Mills Trail 17(b)
Otterbahn
Outside Beach _
Port Chatham -Windy
Bay Road
Port Graham Creek Trail 17(b) easement to State land
Red Mountain Road 17(b) to small private parcels and small state parcels
Reservoir Trail Possible dedicated public access needed at beginning of
trail
Rocky River Road Need bridges and clearing
Seldovia Lake Trail Dedicated public access needed across private and
University/ management, signing, and public education
needed/
Tutka Bay Lagoon Trail 17(b) easement /possible private land use conflict with
trail use
TV Tower Trail Possible dedicated public access needed
19
GREATER SEWARD AREA
TRAIL'=OR FAClL1TY -
t {RECOMMENDATIONS AND COMMENTS° ~:;~
~~ 4 ' } 2~ ?3 ,~,
f Ai ..h.' .W _
Caine's Head DNR trail /move trailhead, fix bridge, info on land status,
develop access for other than low tide only
EIN 4 17(b) easement from Exit Glacier Road to federal land
End of Airport/Nash
Road Short trail/boardwalk for bird viewing proposed
Exit Glacier Road Safety path, winter use
Exit Glacier Trail NPS trail
Harding Icefield Trail NPS trail
Harth Mountain Trail Dedicated public access needed /State, Borough, and
Federal land
Iditarod Trail Federal easement
Lost Lake Trail USFS Trail / trailhead conflicts with residential area/
Marathon Bowl Trail Dedicated public access needed /City and State Land
Mile 12 Ski Trails Connection wanted to Lost Lake
Mount Marathon Race
Trail Signage needed /city and state land
Mt. Alice Trail Maintenance problems /public access dedication needed/
private, borough, federal land/ no trailhead
North End Bear Lake
Trail State land /easement exists/ portion of trail existing
Old Lost Creek Trail Dedication status unknown
Old South Fork Trail State and Federal Land /dedication status unknown
Paradise Valley Trail
Primrose Trail USFS Trail
Primrose/Lost Lake
Snowmobile Area Intensive use alpine area
20
Resurrection River Trail USFS Trail
Scout Lake Trail State Land /managed (?)
Seward Highway Pedestrian /bike/ multi-use/ safety trail needed
Two Lakes Trail City of Seward, legal access problems
21
GREATER SOLDOTNA AREA
TRA1L°OR"FACILITY>:
._ .. ,,, ., _ ^RECOMMENDATIONS~AND;COMMENTS~a~ ~.:4 ~;
_ ~,,..
, _ .. ~ s . , ,. ~; . , . .
...
Aspen Street Pazk City of Soldotna
Centennial Park Trails City of Soldotna
Farnsworth Pazk City of Soldotna
Fireweed and Kobuk
Riverview Pazk City of Soldotna
Slikok Creek Trail DNR Trail
Soldotna Bridge Need bike/pedestrian addition
Soldotna Creek Park City of Soldotna
Sterling Highway to
Swiftwater Pazk Safety path needed
Swiftwater Pazk Trails City of Soldotna
Tsalteshi Trail to Central
Peninsula Sport Center Proposed new trail
Tsalteshi Trails to
KNWR ski trail Connection proposed
Tsalteshi Trails Lighting proposed, enforcement of use restrictions needed
Wildlife Refuge
Headquarters Trail Proposal to develop as yeaz-round trails
22
STERLING
TRAtL~DR FACILITY
. <.
. RECt'~MMEN~AT1tyNS AND COMMENTS
z
,_. ..._
g' anding Trail
Bin s L DNR Trail
Breeze Lake Trail
Drake/Skookum Lake
Trail KNWR Trail
Egumen Lake Trail
Forest Lake Trail
Grebe Lake Trail Dedicated public access needed to KNWR land
Gruskka Lake Trail
Hookman Trail Historic Winter trail paralleling Swanson River Road /
dedicated public access needed
Isaak Walton Trail DNR Trail
Kenai Keys SRA Trail DNR Trail
Morgan's Landing Trail DNR Trail
Mosquito Lake Trail KNWR Trail
Nest Lake Trail
Seven Lakes Trail KNWR Trail
Silver Lake Trail KNWR Trail
Ski /Winter Trails Proposed new trails in wetland area between Sterling
Highway and Scout Lake Loop
Ski /winter Trails Proposed new trails on State land between Kenai River
and Longmere Lake
Skilak Lake Access Trail
Sterling Highway ATV/snowmachine/equestrian/ bike trail along roadway
23
Sterling Highway Paved pedestrian trails along highway /existing /winter
maintenance(?)
Swanson River Canoe KNWR Trails
Trails
Swanson River Firebreak State and Borough land /from `68 fire/ dedicated public
access needed
Swanson River Road to Proposed new trail connecting communities
Nikiski
Weed Lake Trail
24
WEST OF COOK INLET
TRA-tL DFt~~FACiLiT~'T~F; :.RE~t7MME~tt'3~"TiOi~S AND~~C~'3~111 TS~- ~_
;
. _ ~~ ~: ~:,
~ ..
Redoubt Bay to Harriet Access Needed
Point
Polly Creek Trail 17 (b) easement form Cook Inlet to Federal land /
proposed /easement exists
Harriet Creek Trail Proposed 17(b) easement across Native Corporation land
between State and Federal land
Tyonek area logging Determine public access status
roads
Main haul Road Dedicated public access needed across borough land at
Congabuna Lake
Bowser Creek Trail Proposed 17(b) from Oil Bay to State Land /easement
exists
Dry Bay Trail Proposed 17(b) from Dry Bay to State Land /easement
exists
Iniskin Trail 17(b) easement on existing trail to State land
Williamsport-Pile Bay
Road
Dulton Trail Dedicated public access needed across private and Native
Corporation land
Old Iliamna Trail
Umbrella Glacier Trail Proposed 17(b) trail to Federal Land /easement exists
Fitz Creek Trail Proposed trail to State land / 17(b) easement
Kustutan Ridge Trail Easement on state land from Cook Inlet to Ridge
Trading Bay Proposed ferry landing and connecting trail to Kustutan
River and Ridge
25
:OTHER AREAS
TRA1L UR FACILITY` ~"
.. RECOMMENi~AT1~NS.::AND.C~MMENTS, . ' ~' ~~
~ .:_
Ali
p'ne Ridge Trail State of Alaska Trail
Bear Mountain Trail Kenai NWR Trail
Bradley Lake Trail Foot trail managed by Alaska Energy Authority
Carter Lake Trail US Forest Service Trail
Champagne Cove Trail State of Alaska Trail
China Poot Lake Trail State of Alaska Trail _
Colorado Mine Road US Forest Service Trail
Cottonwood Creek Trail Kenai NWR Trail
Crescent Lake Trail US Forest Service Trail
Crescent Saddle Trail US Forest Service Trail
Devil's Pass Trail US Forest Service Trail
Frenchy Creek Trail US Forest Service Trail
Fresno Creek Trail US Forest Service Trail
Fuller Lakes Trail Kenai NWR Trail
Goat Rope Trail State of Alaska Trail
Grandview Station Train access only /annual ski train to State land
Grayling Lake Trail US Forest Service Trail
Greywingk Glacier Trail State of Alaska Trail
Halibut Cove Dock Flag and clear public right-of--way
Halibut Creek Trail State of Alaska Trail
26
Hatcher Mine Road US Forest Service Trail
Hidden Creek Trail Kenai NWR Trail
Kenai River Trail Kenai NWR Trail
Lagoon Trail State of Alaska Trail
Little Johnstone Lake
Trails
Lost Lake Trail US Forest Service Trail
Lynx Creek Road US Forest Service Trail
Manitoba Mountain Manage conflicting uses
Mills Creek Road US Forest Service Trail
Paradise Valley Trail US Forest Service Trail
Poot Peak Trail State of Alaska Trail
Resurrection Pass Trail US Forest Service Trail
Russian Lakes Trail US Forest Service Trail
Saddle Trail State of Alaska Trail
Seven Lakes Trail Kenai NWR Trail
Skilak Lookout Trail Kenai NWR Trail
Snow River Trail US Forest Service Trail
Summit Creek Trail US Forest Service Trail
Surprise Creek Trail Kenai NWR Trail
Wosnesenski Trail State of Alaska Trail
27