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HomeMy WebLinkAbout2003-09-24 Planning & Zoning PacketCITY OF KENAI PLANNING & ZONING COMMISSION AGENDA CITY COUNCIL CHAMBERS September 24, 2003 - 7:00 p.m. 1. CALL TO ORDER: a. RoII Call b. Agenda Approval c. Consent Agenda *All items listed with an asterisk (*) are considered to be routine and non-controversial by the Commission and will be approved by one motion. There will be no separate discussion of these items unless a Commission Member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. 2. "APPROVAL OF MINUTES: a. *September 10, 2003 3. SCHEDULED PUBLIC COMMENT: 4. CONSIDERATION OF PLATS: 5. PUBLIC HEARINGS: a. PZ03-41-An application to rezone the northern portion of Government Lot 44 from Suburban Residential to General Commercial. Application submitted by Cliff Baker dba Integrity Surveys, 605 Swires Road, Kenai, Alaska. 6. OLD BUSINESS; 7. NEW BUSINESS: a. PZ03-42 (PZ95-01 & PZ89-06) -Transfer of Conditional Use Permit for Bed & Breakfast, Lodge, and Guide Service for the property known as 1535 Angler Drive (Lot 29, Block 1, Angler Acres Subdivision), Kenai, Alaska, from Steve and Donna Riddle to Ross & Angelia Harding. Transfer requested by Ross and Angelia Harding, 1535 Angler Drive, Kenai, Alaska. b. Kenai Peninsula Borough Chapter 21.18 - Anadromous Streams Habitat Protection - DISCUSSIOn $. PENDING ITEMS: 9. CODE ENFORCEMENT: 10. REPORTS: a. City Council b. Borough Planning c. Administration 11. PERSONS PRESENT NOT SCHEDULED: Agenda September 2~3, 2003 Page 2 12. INFORMATION ITEMS: a. PZ03-~40 -Landscape/Site Plan Review - 10575 Kenai Spur Highway -Three Bears Addition b. "Zoning Bulletin" -September 1 D, 2003 13. COMMISSION COMMENTS & QUESTIONS: 14. ADJOURNMENT: CITY OF KENAI PLANNING & ZONING COMMISSION AGENDA CITY COUNCIL CHAMBERS September 10, 2003 - 7:00 p.m. 1. CALL TO ORDER: a. Roll Call b. Agenda Approval c. Consent Agenda *All items listed with an asterisk (*) are considered to be routine and non-controversial by the Commission and will be approved by one motion. There will be no separate discussion of these items unless a Commission Member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Qrders. 2. *APPROVAL OF MINUTES: a. *August 27, 2003 3. SCHEDULED PUBLIC COMMENT: 4. CONSIDERATION OF PLATS: a. PZ03-38-Preliminary Plat -Integrity Piaza -Submitted by Integrity Surveys, 605 Swires Road, Kenai, Alaska. b. PZ03-39---Preliminary Plat -Strawberry Fields Forever Addition #1 -Submitted by Integrity Surveys, 605 Swires Road, Kenai, Alaska. 5. PUBLIC HEARINGS: 6. OLD BUSINESS: 7. NEW BU5INE5S: 8. PENDING ITEMS: 9. CODE ENFORCEMENT: 10. REPORTS: a. City Council b. Borough Planning c. Administration 11. PERSONS PRESENT NOT SCHEDULED: I2. INFORMATION ITEMS: a. KPB Plat Committee Action -Kenai Townsite ACS Replat 13. COMMISSION COMMENTS & QUESTIONS: 14. ADJOURNMENT: CITY OF KENAI PLANNING 8s ZONING COMMISSION CITY COUNCIL CHAMBERS SEPTEMBER 10, 2003 - 7:00 P.M. CHAIR RON GOECKE, PRESIDING MINUTES ITEM 1: CALL TO ORDER Chairman Goecke called the meeting to order at 7:00 p.m. 1-a. Roll Call Members Present: Glick, Bryson, Goecke, Eldridge, Hammelman, Barrett Members Absent: Amen Others Present: Councilman Osborne, City Planner Kebschull, Contract Secretary Roper 1-b. Agenda Approval Goecke noted City Attorney Cary Graves was present and would be added under Item 3, Scheduled Public Comment. MOTION: Commissioner Eldridge MOVED to approve the agenda and Commissioner Barrett SECONDED the motion. MOTION TO AMEND (First): Commissioner Bryson MOVED to approve the agenda by adding the information provided prior to the meeting and since the public notice did not include City Attorney Graves he should be added under Item 11 of the agenda, Persons Present Nat Scheduled. Commissioner Eldridge SECONDED the motion. MOTON TO AMEND (Second: Commissioner Eldridge MOVED to amend the motion to move Attorney Cary Graves to Item 3 of the agenda. Commissioner Barrett SECONDED the motion. VOTE ON SECOND MOTION TO AMEND: Eldrid e Yes Amen Absent Glick Yes Goecke Yes B son Yes Barrett Yes Hammelman Yes MOTION PASSED UNANIMOUSLY. VOTE ON FIRST MOTION TO AMEND: Eldrid a Yes Amen Absent Glick Yes Goecke Yes B son Yes Barrett Yes Hammelman Yes MOTION PASSED UNANIMOUSLY. VOTE ON MAIN AMENDED MOTION: Eldrid e Yes Amen Absent Glick Yes Goecke Yes B son Yes Barrett Yes Hammelman Yes MOTION PASSED UNANIMOUSLY. 1-c. Consent Agenda MOTION: Commissioner Glick MOVED to approve the consent agenda and requested UNANIMOUS CONSENT. Commissioner Bryson SECONDED the motion. There were no objections. SO ORDERED. ITEM 2: APPROVAL OF MINUTES -- August 27, 2003 Approved by consent agenda. ITEM 3: SCHEDULED PUBLIC COMMENT 3-a. City Attorney Cary Graves -- Discussion Commission and Committee Powers Attorney Graves reported the City Council instructed him to meet with all Commissions and Committee to explain their roles as members. Graves noted the Planning & Zoning Commission is different from the other commissions as they do have independent authority and the others act almost exclusively as advisory bodies only. ITEM 4: CONSIDERATION OF PLATS 4-a. PZ03-38-Preliminary Plat -Integrity Plaza -Submitted by Integrity Surveys, b05 Swires Road, Kenai, Alaska. PLANNING 8s ZONING COMMISSION MEETING SEPTEMBER 10, 2003 PAGE 2 MOTION: Commissioner Bryson MOVED to approve PZ03-3$ and Commissioner Glick SECONDED the motion. Staff had nothing additional but at the request of Commissioner Bryson, Kebschull explained the split zone parcels. Kebschull added, the Commission would see the rezone request at the next meeting. VOTE: Eldrid e Yes Amen Absent Glick Yes Goecke Yes B son Yes Barrett Yes Hammelman Yes MOTION PASSED UNANIMOUSLY. 4-b. PZ03-39-Preliminary Plat -Strawberry Fields Forever Addition # 1 - Submitted by Integrity Surveys, 605 Swires Road, Kenai, Alaska. MOTION: Commissioner Eldridge MOVED to approve PZ03-39 and Commissioner Glick SECONDED the motion. Kebschull explained the three revisions of the plat and noted the current revision removes Tract B and creates a Tract C. MOTION TO AMEND: Commissioner Bryson MOVED to amend the motion to include staff comments and recommendations. Commissioner Glick SECONDED the motion. VOTE ON AMENDMENT: Eldrid e Yes Amen Absent Glick Yes Goecke Yes B son Yes Barrett Yes Hammelrnan Yes MOTION PASSED UNANIMOUSLY. VOTE ON MAIN AMENDED MOTION: PLANNING 8a ZONING COMMISSION MEETING SEPTEMBER 10, 2003 PAGE 3 Eldrid e Yes Arnen Absent Glick Yes Goecke Yes B son Yes Barrett Yes Hammelman Yes MOTION PASSED UNANIMOUSLY. ITEM 5: PUBLIC HEARINGS -- None ITEM 6: OLD BUSINESS -- None ITEM 7: NEW BUSINESS -- None ITEM 8: PENDING ITEMS -- None ITEM 9: CODE ENFORCEMENT -- None ITEM 10: REPORTS 10-a. City Council -- Council Member Osborne provided a report based on action taken at the City Council's September 3, 2003 meeting. 10-b. Borough Planning -- Commissioner Bryson provided a report based on action taken at the Borough Planning's September 8, 2003 meeting. 10-c, Administration -- Kebschull noted the following: • The next agenda would have a discussion of the Kenai River Protection Ordinance and Councilman Bookey may be present to provide a report. The Commission will be given two weeks to review the information provided. • There has been no word from the other property owner on the Fireweed rezone issue. Kebschull added, a final report will be provided and the Commission will be asked to decide which lots should be rezoned. • Referenced the Three Bears expansion project and noted the City will request the fence be restored or repaired. The issue will be in the next meeting packet. ITEM 11: PERSONS PRESENT NOT SCHEDULED -- None ITEM 12: INFORMATION ITEMS 12-a. KPB Plat Committee Action -Kenai Townsite ACS Replat ITEM 13: COMMISSION COMMENTS & QUESTIONS PLANNING 8v ZONING COMMISSION MEETING SEPTEMBER I0, 2003 PAGE 4 Councilman Osborne stated council members visited the Challenger Learning Center to tour their new addition. He encouraged the commission members to visit it as well. Commissioner Barrett asked who determines the speed limits and Kebschull replied, they are set by the type of street and added the City gets a lot of calls regarding speed limits and various street signs. ITEM 14: ADJOURNMENT The meeting adjourned at 7:34 p.m. Minutes recorded and transcribed by: Barbara Roper, Contract Secretary PLANNING & ZONING COMMISSION MEETING SEPTEMBER 10, 2003 PAGE 5 5a STAFF REPORT To: Planning & Zoning Commission Date: September 8. 2003 Res: PZ03-41 ENERAL INFORMATION Applicant: Cliff Balser 283-9047 DBA Integrity Surveys 605 Swires Drive Kenai, AK 9961 1 Requested Action: Legal Description: Street Address: KPB Parcel No.: Existing Zoning: Current Land Use: Land Use Plan: ANALYSIS General Information: Rezone Government Lot 44 603 & 605 Swires Drive 04520004 RS -Suburban Residential Residential/Commercial Medium Density Residential KMC 14.20.270 describes amendment procedures. Section 2 states, "Amendments to the official Zoning Map shall be considered only if the area to be rezoned contains a minimum of one {11 acre (excluding street or alley rights- of-wayl unless the amendment enlarges an adjacent district boundary." The subject property is approximately 2.03 acres and the portion being rezoned is approximately 1.4 acres, meeting the requirements for rezoning. In 1989, the property owner, petitioned the City of Kenai to rezone the property from suburban residential to general commercial. Council approved ordinance 1333-89. The ordinance rezoned the property as described by the preliminary plat, Maguire Subdivision. However, the ordinance incorrectly referred to rezoning Lot B to general commercial {assumed to be a clerical error) when it appears the intent was to rezone the portion depicted as Lot A. In addition, the ordinance required that the plat be filed. The Borough advised that to amend the land use designation required a recorded plat. Maguire Subdivision was never recorded. Sometime after January 6, 1990 (date ordinance became 43-4I Comment.doc Page 2 effective) the City's zoning map was mistakenly changed to reflect the rezone showing the northern por#ion of Government Lot 44 as general commercial and the southern portion remaining suburban residential. In August, Mr. Baker applied for a building permit to construct an office building on the northern portion of Government Lot 44. When administration was researching the zoning to insure that the commercial structure was located on the commercial portion of the lot, the zoning map error was found. Mr. Graves, the City's attorney, researched the error; he Hated that through the doctrine of estoppel, that the property owner had the right to obtain the building permit. In addition, he recommended that Mr. Baker apply far the rezone to correct the zoning error. It is his opinion that as long as the rezone reflects the area of Government Lot 44 as originally depicted on the preliminary plat Maguire Subdivision, the rezone should be protected by the doctrine of estoppel. Mr. Baker is applying to rezone the property as originally depicted on the preliminary plat in 1989. The property fronts the Kenai Spur Highway and is accessed off Swires Road. There is commercial property across Swires Road and across the Kenai Spur Highway to the east. City Engineer: Nothing additional. Building Official: No building code issues. RECOMMENDATIONS The property has been known as general commercial since 1990. It appears appropriate to rezone the northern portion of Government Lot 44 to general commercial. The Commission may want to consider recommending that the portion rezoned exclude the portion shown as Lot 1 of Integrity Plaza. The Kenai Peninsula Borough identifies the structure on this lot as residential use and the rezone, as requested, will create a split zone for Lot 1. fSee attached copy of Integrity Plaza Preliminary PIat.1 Recommend approval. ATTACHMENTS: 1. Resolution No. PZ03-41 2. Application 3. Drawings REZQNING APPLICATION ~' crrr of K~NAr ~Hrur PETITIONER ,~ ~ ~•L:.~ ~~k~2 ~~ I~.f~, ~ ADDRESS • ' f PHONE ~ ~ -- ~o y 7 LEGAL DESCRIPTION ,r~ ~ -~ ~ ~ S 3 -~ '~ I, ~ 2 ~~+ ~ S?~ . PRESENT ZONE ~~zr,-.,aye.e,'c,_ ~ PROPOSED ZONE ~ ~ ~ f~.~ : ~ j ~ ~ Intended Use and/or Reason for Rezoning: ~%5 ~ 1. ;., ~~ p~,~ f,Y ~u ~ ~ %/z~.v~~eicr at,.r ~~~ol~ tvccS ~,-, YCI~. ~es~~~-• ~ w~~t ~ ti ~v.'t-v ~.~ C/ ~/` ~ .r. ~ O A T~-G. ~~ S ~'~ ~~ C rt ~O ~.E'E.~~j7 17 rrrn t.H J C~'~ ~ "~ !~4' C ~/ fa h.w :~ ~G. J~~T 't y +~.r~S f _ h.~ S !~ ~.; tYS ~,s .~ C/ ~.L.~ ,) : n_ .J r3 ~ Section 14.20.270 Amendment Procedures governs any amendment to the Kenai Zoning Code and Official Map. PLEASE READ THE FOLLOWING, COMPLETE THE BLANKS AND INITIAL THE SPACE AFTER THE ITEM NUMBER TO INDICATE THAT YOU HAVE READ AND UNDERSTAND THESE CONDITIONS. i _ ~ Amendments to the Kenai Zoning Code and Official Map may be initiated by petition by a majority of the property owners in the area to be rezoned; or, a petition bearing the signatures of fifty (50) registered voters within the City of Kenai to amend the ordinance text; or, submission of a petition as provided by the Horne Rule Charter of the City of Kenai. Z. ~j Amendments to the OiI'icial Zoning Map shall be considered only if the area to be rezoned contains a minimum of one (I) acre (excluding street or a11ey right-of--way) unless the amendment enlarges an adjacent district boundary. ~1.-- i,lLj G'~'fte~ 7 r9' i ri' !"G 4'.. I+vr'I Y~ ~ (~/sr f~~/~.° G~. ,, 3. c.,F3 A Public Notification and Hearing is required before the issuance of this permit. A $105.00 non-refundable deposit advertising and administrative services fee is required to cover these notification costs. Depending on the rezone location, an Affidavit of Posting may also be required. e r // ~f~e~~,`ct ~ ~S IBS, ~iG '~`„- • r,~ ~ 't c~ Ir..~~~7 ~ Ito ~ ~ ~f='~ ~ 1 ! C'~ ts.cvL. ~'-' r / I c / / / ~ 1 1 ~ 4_~'1~ /h4" ~fws_i:. K]~ ,•_ r~~.~~u ..L /~.J Gaj ~i ~ iu ~ '~f•/t.C . ~~' ~~ (~ R R~~~f V~~ -~~. ~ ~~ Rezoning Application Page 2 4. ~ _. A proposed amendment to the zoning ordinance which is substantially the '~"" "; - ~ ~ ,same as any other proposed amendment submitted within the previous nine "~ (9) months and which was not approved shall not be considered. Petite 's Signature CHAIRPERSON ATTEST REZOMNG CHECKLIST: ~/ a. MAP ~I ~ b. SIGNATURES ~_ c. DEPOSIT/ADVERTISING FEE ($105) ,,/ d. APPLICATION FORM OR LETTER ~` e. AFFIDAVIT OF POSTING CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION PZ03-41 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI RECOMMENDING APPROVAL TO THE KENAI CITY COUNCIL OF THE REQUESTED REZONING SUBMITTED BY NAME:. Cliff Baker dba Integrity Surveys LEGAL: Northern Portion of Government Lot 44 shown on attachment as Lot A, Maguire Subdivision WHEREAS, the Commission fords the following: 1. The subject property is currently zoned RS -Suburban Residential 2. The present land use plan designation is Medium Densi Residential 3. The proposed zoning district is CG -General Commercial 4. An appropriate public hearing as required was conducted September 24, 2003 5. That the following additional facts have been found to exist: 6. Applicant must comply with all Federal, State, and local regulations. NOW, THEREFORE BE IT RESOLVED, by the Planning and Zoning Commission of the City of Kenai that the petitioned REZONING of the Northern Fortion of Government Lot 44 is hereby recommended to the Kenai City Council. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, September 24, 2003. CHAIRPERSON ATTEST CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION PZ03-41 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI RECOMMENDING APPROVAL TO THE KENAI CITY COUNCIL OF THE REQUESTED REZONING SUBMITTED BY NAME:~Cliff Baker dba Integrrity Surveys LEGAL: Northern Portion of Government Lot 44 shown on Attachment A (south 100 feet of Tract A and Lot 1 remain RS -Suburban Residential) WHEREAS, the Commission finds the following: 1. The subject property is currently zoned RS --Suburban Residential 2. The present land use plan designation is Medium Densi Residential 3. The proposed zoning district is CG -General Commercial 4. An appropriate public hearing as required was conducted Se tember 24 2003 5. That the following additional facts have been found to exist: 6. Applicant must comply with all Federal, State, and Iocal regulations. NOW, THEREFORE BE IT RESOLVED, by the Planning and Zoning Commission of the City of Kenai that the petitioned REZONING of the Northern Portion of Government Lot 44 is hereby recommended to the Kenai City Council. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, September 24, 2003. .~ .~ ,.. .~ :i ~ .~~ ;.. ;~: •~ •.i .,.. .'+: '.. ~. 1 •• ~. .} N __. .. . ~; N ~ N __ . Q ~ . N W W ,~. ~ '7 .• Q • ~ Q O ~ ~ O N ~ .- o x } • o ... . - ~ v 3a~ a 31,3' a w C '•~ 7 N ~ ~ I fl: ~ ~ 1 ~ vl I KPB- FILES y _ ~ p y . ~ .M AGUIRE~ ~SUBDIV~SI DN Compris ed of 2. A20 BLM tOT-44 in the 5E~4 fJE%4 Section 34 T.6N., R.II W., S. M., and .in t he ~Ily of Kenal , K.R. D., A I a s k a , . Owner; Samuel F. Maguire a nd Magda E. Maqulra • 1308 Kaknu Way Kenal , AK. 99611 Surrcy or Tei~r :_ r~•tham f~.L.S. 7629,~P.O.B.2891, Saldotna, AK. 99669 Oraxn by T.E. Septa "male I" n 100 1 _~.:.E;. ~: ~ .ach m c ~-~ ~ - . ... 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C i $ 9 3a S' $+ ~a 33 n~ ~ ER tl}y s ` n €~ is is ~0. ~~° ~ t~ ~~ g ti N ~ ~,_ F.Y ~ ~ ~~ '1'~ J s ' r' ~ }EE}~[ E x5o N ~ ~'a ~ w ~ s°m ~ 6h a ~ x o s Y;~3 a G ~ ~Zfa u a a ~, I J I' ~~ ~w ~ ~ ~R ~ .. . ~o~~~~ YyR 6 ~f oL7 ~~ e ~~; ~~ N ~ ~ a LS ~~n C3 ~ ~Kpt~~~jjj ~N (] W o ~~NZ ~w ~ o~ ~ie~ J .S~ ~" fi n n~ ~ ~~ io :o E~ SE x $`e ~~ 5ri Fd ~o ~g ~~ ~~ 3 r ~ ~i :5 ~ ~~ sy °~ ~ ;° h ~~ ~ 8 . 9 5 n -~ ~gf 6s ~. ~ S~ ~a ~~ y 3~ S~5 ~ ~ Li ~ 0 a~ ~$ ~; ga'' ii9 ~L'7 2 -~ n n ~ 'It: ~~' 1 ~.,,: ~:. t ' f STAFF REPORT To: Planning & Zoning Commission Prepared By: mk Date; September 8, 2003 Res: PZ03-42 (PZ95-01 &PZ89-061 GENERAL INFORMATION Applicant: Ross &Angelia Harding 283-5853 Riddles Fishing Lodge 1535 Angler Drive Kenai, AK 9961 1 Requested Action: Legal Description: Existing Zoning: Street Address: KPB Parce! #: Current Land Use: Land Use Plan: ANALYSIS Transfer of Conditional Use Permit Lot 29, Block 1, Angler Acres Subdivision Part 2 RR -Rural Residential 1235 Angler Drive 04939019 Low Density ResidentiallRecreation Low Density Residential Ross and Angelia Harding have purchased the property described above from the Riddles. As required by the KMC 14.20.158, a written request for transfer of the Conditional Use Permit has been submitted. The applicants' state in their request that they intend to continue to operate the lodge as previously permitted. Based on the written request and plan to continue use as currently allowed under Conditional Use Permit PZ95-01 and PZ89-06, approval of the transfer should be granted. As part of this transfer, administration is updating the use to reflect definitions currently outlined in Kenai Municipal Code Title 14. The original permit was issued for Bed & Breakfast and the use included the B&B as well as the cabin rental. The B&B will continue; however, the use of the cabin rental is more correctly reflected using the definition for a lodge. The guide service will continue without change. RECOMMENDATIONS Approval. ATTACHMENTS: ~~ 1 . Request for Transfer 2. Resolution PZ03-42 CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION N0. PZ03-42 (PZ95-01 & PZ89-06} TRANSFER OF CONDITIONAL USE PERMIT BED & BREAKFAST, LODGE & GUIDE SERVICE A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI GRANTING THE TRANSFER OF A CONDITIONAL USE PERMIT FOR BED & BREAKFAST, LODGE & GUIDE SERVICE AS AUTHORIZED BY 14.20.158 OF THE KENAI ZONING CODE FROM: STEVE AND DONNA RIDDLE TO ROSS & ANGELIA HARDING FOR THE PROPERTY KNOWN AS LOT 29, BLOCK 1, ANGLER ACRES,.,PART TWO (1535 ANGLER DRIVE KENAI ALASKA WHEREAS, the Commission finds: 1. That a Conditional Use Permit was granted to Steve & Donna Riddle in 1989 and amended on January 1 1, 1995. 2. That KMC 14.20.150 (i}~4} requires that a written request for transfer be submitted. 3. That Ross and Angelis Harding purchased the property from Steve & Donna Riddle. 4. That the transfer requires that the permit continue operation under conditions originally outlined. 5. A request to transfer the permit was received on September 5, 2003. 6. Applicant must comply with all Federal, State, and local regulations. NOW, THEREFORE, BE iT RESOLVED, BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI THAT THE CONDITIONAL USE PERMIT FOR STEVE AND DONNA RIDDLE FOR BED & BREAKFAST, LODGE & GUIDE SERVICE TO ROSS AND ANGELIA HARDING. PASSED BY THE PLANNING AND ZONING COMMISSION Olr THE CITY OF KENAI, SKA, AT THEIR SCHEDULED MEETING SEPTEMBER„24, 2D03. ~~ C ARSON ~ ~ ,: ., A TE T r, ~~~ ~~ R~CEI~E CITY OF K ~ crry o~ xENAr nr~rrruc a>;pARrM~ ,~ ~~ ~ ~ ,~ 210 FIflALQp AVE., SUITE 200 KENAI, ALASKA 99611-7784 TELEPHONE 9D7-263-7535 FAX 907-263-3014 4I ~~~ CONDITIONAL USE PERMIT APPLICATION Date: ~ I ~ ~ 0 ~ .._ Applicant's Name: ~c~~S ~ ~1'1 ~,e ~ I c~ Nr,. ~~~t ~~ Phone: ~~~~ ~~s ~~ Business Narne: ~ ti ~ ~ ~ ~' S ~--1 ~ rl ~, .rrl ~-. Ih-~.~ ~~~ ~ .._..._ ~~ , Mailing Address: ~ ~ 3~~ ~ ~ ~ ~~ , ..~,,_)S' ~ 1~e.11c~ ~ 1~ ~L ~~Cl {.t Street Address: ~ ~ ~~ 1~~'1L, ~ ~' ~ of - U-, ~ ~~~ ; 1 ~ C?~r [ e I ~ (Where permit will be operated frbm.} Legal Description of Property: _ ~- t~ '~' ~ ~ r ~~ • ~,,._. ~~-'lc_ ~ ~,~' ~ S ~~- hc' . ~ ~~~ Kenai Peninsula Borough Parcel No.: ~~ ~ G' City of Kenai Zoning: ~~ Provide a detailed description of the proposed use. if the space provided is nat sufficient, attach a sheet to the application. t' h ''1 n ~ h ~ v r ~k~k~k~k*$~k~k The followin;~ information must be provided before,y_our application will be • considered for processing. Do not submit your application until it contains all required information. (Check each box that applies and attach the necessary innformation to this application.) ,~ I am the legal owner of the property. I am not the legal owner of the property; however, I have attached verification by the owner of the property that I have permission to apply for this Conditional Use Permit. [~ Attached are dimensioned plot plans showing the location of all existing and proposed buildings or alteration on the affected property. Plans must show, at a minimum, the entrance, exit, and parking spaces on the property. {For bed & breakfast applications, must show areas to be rented.) ~'~~ I have paid the appropriate fee. ***~~*~* I have reviewed Kenai Municipal Code 14.20.150, Conditional Use Permits, and believe that the requested permit satisfies the requirements of this section of the code. Specif tally, the following requirements have been satisfied: ~f The use is consistent with the purpose of this chapter and the purposes and intent of the zoning district. ,~ The value of the adjoining property and neighborhood will not be significantly impaired. The proposed use is in harmony with the Comprehensive Plan. ® Public services and facilities are adequate to serve the proposed use. The proposed use will not be harmful to the public safety, health or welfare. I certify that the information provided is accurate to the best of my knowledge. Applicant: ~~. ~ ~.~ Date: Attachment: KMC 14.20.150 C:IWPDOC5IFORMSICONDITIONAL USE PERMIT Application.doc ~-~ "~/'~la e wit~t a Past, Gi wit~r a ~r~t~re" 9 „~~;~~~, 210 Fidalgo Avenue, Kenai, Alaska 99811-7794 ___=T_- ~~ Telephone: 907-283-75351 FAX: 907-283-3014 l~ll~ - -- 1992 \t~CLI0 KENAI~ SKA • • TO: Planning & Zoning Commission FROM: Marilyn Kebschull, Planning Administration DATE: September 18, 2003 SUBJECT: Kenai Peninsula Borough Chapter 21.18 - Anadromous Streams Habitat Protection Attached is information that has been provided to the City Council and Harbor Commission regarding the above-referenced ordinance. Administration is continuing to research the ordinance and a report will be forthcoming. This initial discussion will be a general overview of the ordinance and will be provided orally to the Commission. There will be no action taken at this meeting. The intent is to provide the Commission sufficient time to review the ordinance to understand the requirements if the City decides to begin administering it. If you have questions or would like clarification on any of the attached information, feel free to contact me before the meeting. Attachment ~~QiiM1l~ 10~ ~~I/'~jage with a Past, Gi wc't~r a ~ ..rrr~ y ~` t~tc Gt~tSr o f // KENAI. ALASKA ~~/ 210 Fidalgo Avenue. Kenai. Alaska 44611-7794 Telephone: 907-2S3-75351 FAX: 907-283.3014 MEMORANDUM TO: Mayor Williams and City Council M~mbers FROM: Linda L. Snow, City Manager ~- DATE: August 1 S, 2003 RE: KPBC 21.18 Anadromous Streams Habitat Protection The Administration was asked to provide further information about the Borough Code chapter referenced above. Specifically, we were asked what types of activities may be required to administer this chapter of the Borough Code in the event the City of Kenai undertakes the administration and enforcement of this chapter as prescribed by KPBC 21.18.100 Administration by cities-Delegation-Legal Proceedings. While the Administration is still in the initial stages of inquiry, Bohn Mohorcich, KPB River Center Coordinator, provided the attached documents to me. Attachment A is a spreadsheet of permits (by type and number) issued within the city limits of Kenai since 1996. Attachment B is the Multi-Agency Permit Packet, which is distributed to the public from the Kenai River Center. Attachment C is a letter describing the Borough's cost share program for persons with eligible projects for bank restoration and protection. This is an incentive program, which combines funds from the State Department of Fish & Game, the Federal Wildlife Refuge, and others (KPB, KRSA, NOAA, etc.) Mr. Mohorcich has indicated that he will attend the August 22"d Council meeting with additional information and to answer any questions you may have. It is my understanding that the City of Soldotna, in conformance with KPB 21.18.100, has instituted a 100' habitat protection area, which overlays the Borough's ~0', and which they administer in their PIanning Department by use of a one-page form distributed at both their offices and the River Center. This allows Soldotna to track and monitor the permits within their city limits. Since the administration of this would fall to the Planning Department. I have talked with Planner Marilyn Kebschull, and we will continue to gather information as requested by Council. Linda Snaw From: Mohorcich, John [JMohorcichQborough.kenai.ak.us) Sent: Friday, August 15, 2003 11:0$ AM To: Linda Snow Subject: KRC -KPB Permits Issued in City Limits JG GITY OF KENAI ''~" Linda - here's a spread sheet of permits issued by year. The code 70 - identifes a permit for an allowable activity as defined in KPB 21.18.070 The code 80 - identifes a permit for a conditional use permit as defined in KPB 21.18.080 (a varience to the code) The code 90 - identifies a permit for a prior existing acitivity or structure as defined in KPB 21.18.090 Hope this helps. -John M «JG ClTY OF KENAI 3.xls» HPFINDAT by Year HPAUTH 1996 70 70 70 Count 90 90 Gaunt 1997 1998 1999 2000 PARCELNO HPFINDAT HPREWR 049-060-07 03-Jun-96 KB 049-390-28 24-Jun-96 KB 2 049-120-45 07.Oct-96 KB - 1 D47-093-05 20-Feb-97 KB 049-i01-02 10-Jan-97 KB 70 049-100.15 i 5-Dec-97 K8 70 049-390.07 21-May-971(8 70 048-390-OB 10-Ju[-97 KB 70 049-390-09 20-Jan-97 KB 74 049-390-09 12-May-97 KB 70 049.390-10 16-Dac-97 K8 70 049-390-18 3f-Mar-97 KB 70 049-390-20 24,1un-97 KB 70 Gount 8 70 049-014-01 05-Aug-98 JM 70 049-120-42 29-Jun-98 JM 70 049-120-44 i 9,Jun-98 JM 70 049-261-30 03-Aug-98 JM 70 049-370-11 01-Jun-9$ JM 70 049.390-08 29-Jun-98 JM 70 049-390-08 13-Oct-98 JM 70 049-390-09 22-May-98 JM 70 049-390-10 O6-May-98 JM 70 049-390-22 19-Jun-98 JM 70 049-390-2$ 21-Apr-98.iM 70 049-390.32 08-Apr-98 JM 70 049-450-03 22-Jun-98 JM 70 Count 13 049-281-11 05-May-99 JM 049-390-17 14-Jul-99 JM TO 049-430-12 22-Juf-99 JM 70 Count 1 70 049-261-10 27-Dec-00 JC 70 049-310-10 18-Sep-00 JM 70 049-370-11 08-Mar-00 JM 70 049-370-11 25-Apr-00 JM 2001 2D02 70 049-37D-11 tD-Oct-00 JM 70 049-390-40 12-May-0O JM 70 Count g 70 049-261-10 02-Noy-01 JC 70 049-261-3i 31-Aug-Oi JM 70 049-370-11 27-Feb-O1 JM 70 049-37D-11 23-Oct-Oi JM 70 049-390-52 24Apr-Oi JM 70 049-430-12 21-Jun-O1 JM TO 049-430-12 19-Qec-01 JM 70 Count 7 049-390-2i 17-Aug-02 JC zoa3 70 049-101-08 17-Sep-02 JC 70 049-370-i i 29-Apr-02 JM 70 049-390-08 f 0-yep-02 JM 70 049-390-i 7 09-,1u1-02 JM 70 04$-430-02 OS-Mar-02 JM TO Count g 80 049-390-10 02-Aug-02 JM 80 Count i 90 D4&390-31 25-Jun-02 JM 90 Count 1 049-100-18 10-Mar-03 JM 049.390-52 01-May03 JM 70 049-370-11 17-Mar-03 JM 70 049-390-08 02-May-03 JC 70 049-390-17 24-Mar-03 JM 70 Count 3 Grand Count g$ Multi-Agency Permit Packet v ~4 I(ENAI v 2 This Packet Contains; / Kenai River Center Multi-Agency Permit Application / Coastal Project Questionnaire & Certification Statement / Site Plan instructions & Checklist with Examples Directions: -~ Please answer all questions completely. If a question does not pertain to your activity, write "NIA". --~ Project drawings and descriptions are an important part of your applica#ion. Please draw carefully and be sure to include the information outlined in the Site Plan Check List. Site plan examples and paper are provided. --~ Complete applications generally take 30 days to process; be sure to plan your projects accordingly. - All activities or projects that cantilever over or extend into the waters of the Kenai River require a Park Use Permit. A $50 non-refundable application fee payable to the State of Alaska is required for all Park Use Permits. - Some projects within the 50-foot habitat protection area may require a conditional use permit subject to approval by the Kenai Peninsula Borough Planning Commission. As part of this process, property owners within a 300- foot radius of the activity or project are notified by mail. -- Certain habitat protection projects may qualify for a tax credit and/or tax exemption. RETURN COMPLETED PERMIT APPLICATIONS TO: KENAI RIVER CENTER 5 F 4 FUNNY RIMER ROAD SOLDOTNA, AK 99669 FOR MORE NFORMATION, PHONE {907} 260-4882 OR FAX (907} 260-5992 Multi-Agency Permit Application ~~ ~ C E N T E R NOTE: YOU MIGIIT BE CONTACTED BY AN AGENCY REQUESTING FURTHER INFORMATION ON YOUR APPLICATION. A ~icant Information: Name; Mailing Address: City, State, Zip:_ Phone (home/work): Fax & E-mail: Cell Phone: Parcel Information: Lot:, Block Subdivision River/Stream Name: River Miie : Right ^ ar Left ^ bank? (Looking down-stream) KPB Parcel ~: Please com lets the followin : l) The project is located within the city limits of: Soldatzta !] Kenai ^ Neither ^ 2) This project is located within Moose Range Meadows Subdivision, within the KNWR? Yes ^ No D If yes, is the project within one or both of -the variable non-development easement? Yes ^ No ^ Nat Surd] - the 25-foot public use easement? Yes ^ No ^ Not Sure^ 3) The project is located within 50-feet of the ordinary high water (OHW) or mean high water (MHW} of an anadromous stream? Yes 17 No ^ Nat sure where OHW or MHW Iine is ^ 4) Does any pomon of the project cantilever or extend over the OHW or MHW of the stream? Yes ^ No © Not sure where OHW or MHW line is ^ 5) Does any portion of the project extend below the OHW or MHW line of the stream'? Yes ^ No D Noi sure where OHW or MHW line is ^ 6) Does this project replace a prior existing structure? Yes ^ No ^ 7) Will material be extracted or dredged from the floodplain or river bed? Yes ^ X10 ^ If yes, what type? $) Will material (including spoils, debris, or overburden) be deposited in the floodplain or river'? Yes, temporarily ^ How long? Yes, permanently ^ if yes, what type of material is it? Where in the stream will the material be deposited? 4a) List alf motorized equipment to be used on this project: 9b) Whai motorized equipment will 6e used below OHW or MHW? Z~ No ^ Amount: KRC: PAGE 1 06/02/03 Multi-Agency Permit Application -~ Page 2 9c) Length of time motorized equipment will be used below OHW? 9d) Length of time motorized equipment will be used above OHW? I O) Directions to the site: 11 }Surface area in acres of wetlands or other waters f Iled: I2} Is any portion of the work already complete? Yes No If Yes, describe she completed work: --~--~- 13) Addresses of Adjoining Property Owners, Lessees, etc., whose property adjoins the waterhody (If more than can be entered here, please attach a supplemental list). X SIGNATURE OF APPLICANT DATE STATEMENT OF AUTHORIZATION I hereby authorize, to act in my behalf as my agent in the processing of this application and to furnish, upon request, information in support of this permit application. Application is hereby made for a permit or permits to authorize the work described in this application. I certify that the information in this application is complete and accurate. I further certify that I possess the authority to undertake the work described herein or am acting as the duly authorized agent of the applicant, SIGNATURE QF AGENT' DATE #+*wr*******r********r*******•r*****r*****r********r**r**srarsrarrr*#*rr##*~s,r**Ma+-r****rsr****** 18 U.S.C. Section 1001 provides that: Whoever, in any manner within the jurisdiction of any department ar agency of the United States knowingly and willfully falsifies, cgnceals, or covers up any trick, scheme, or disguises a material factor makes any false, fictitious or fraudulent statements or representations or makes or uses any false writing ar document knowing same to contain any false, fECtitious or fraudulent statements or entry, shat] be fined not more than $10.000 or imprisoned not more than five vents or both. KRC: PAGE 2 06/02/03 Site .Plan instructions /'~ & C.~heckl~st ~~ C ~ N T E R Directions: -• Print your name, date of drawing, the number of the sheet and total number of sheets in the set {e.g. Sheet 1 of 2). Indicate the scale of your drawing and show a North arrow. The scale need not be the same for every drawing. ~- Submit one original set of drawings on S %z x lI paper. Provide as much detail as you can; however, please submit the fewest number of sheets necessary to adequately show the proposed activity. The TOP VIEW drawing should show your project in relation to: * the distaace from ordinary (or mean) high water of the stream; * property lines and any adjacent streets by name; * any nearby structures, such as houses, outbuildings, fences, etc.; * any easements and/or location of any nearby utilities. 4- The ELEVATION OR SIDE VfEW drawing should show vour project in relation to: * the distance from ordinary {or mean) high water of the stream; * elevations above ground Ievel. -~ Be sure to include all dimensions and types of materials used on the project. -- Since the drawings will be photocopied, color shading may not be used. Instead, use dot shading, cross-hatching, or similar graphic symbols. NOTE: !t is not necessary to have your drawings professionally drafted. However, please be as accurate as possible with your measurements. Take your time, and make sure your drawings are clearand easily understood. Drawing sheets are provided for your convenience, ar you may use your own paper. PLEASE SEE EXAMPLES ON BACK -~ a..~. To wham it may concern, - The Kenai Peninsula Barot~gh, Kenai River Center is receiving information an future proposals for cooperative bank restoration and protection projects along rivers in the borough. The intent of this letter is to describe the process and establish a list of interested parties to be considered in the program. If you sign and return this letter to the Kenai River Center, your name and address will be entered into our database and all of the necessary applications will be mailed to you when we have confrmed funding availabliity. Please complete page two of this letter as completely as possible and return the packet to the Kenai River Center. A complete application packet will be mailed to you that will be required for permitting the project. The packet will Include: RCMP -Coastal Project Questionnaire (REQUIRED} The Kenai River Center multi-agency permit application {REQUIRED} A written description of the project as you envision it (REQUIRED) Side view and tap view drawings of your project, including such things as property boundaries, location of existing and proposed structures, dimensions of new structures, types of materials to be used, kinds of plants to be used in revegetation and the ordinary high water mark. (REQUIRED) Estimate of material and labor cost of the proposed project (REQUIRED) Photographs of your property riverfront (Optional, but helpful) After we receive the completed application packet, a coordinated agency review of your project will occur. Department staff will set up a field inspection and a consultation meeting with you to discuss your project, various alternatives, project scheduling, and suggested plan revisions to optimize restoration efforts. if your project is chosen as part of this program, a Cooperative Agreement will be signed. Once the Cooperative Agreement is signed, then the same application packet, drawings and project description that you submitted will be used in the normal agencies permit review. Most permits can be issued within 30 days of both the applicant and the Service signature of the Cooperative Agreement. No purchase of project materials ar construction may occur under this funding until the Cooperative Agreement is signed by both parties and all applicable permits have been issued. You have expressed an in#erest in applying for a joint restoration matching funds program (the "Program"} for a bank restoration, bank stabilization, or river access project on your property adjacent to a river. Projects will be selected based on their value in restoring, protecting or promoting fish habitat. Projects must use methods or technologies that not only provide for bank stabilization and rehabilitation but also protect or improve fish and wildlife habitat. Examples of successful projects include, but are not limited to: bank stabilization techniques, including raotwads, bio-engineered banks and cable spruce trees; construction of light-penetrating access structures such as boardwalks, decks and stairways; protection of existing bank vegetation; revegetation of eroded banks; and the removal of structures detrimental to salmon habitat such as jetties and bulkheads. tf you would tike your project to be considered under this funding, please sign and return this letter to the Kenai River Center, 544 Funny River Road, 5oldotna, AK 99669, c!o John Czamezki. ff you have any questions please calf John Czamezki (907) 260-4882. John .!. Mohorcich Kenai River Center Coordinator Kenai Peninsula Borough I am interested in the cooperative bank restoration program and in obtaining matching funds for the restoration/access project as described above. Applicant Signature Date Printed Name Instate Address: Street Address City, State & Zip Phone Out of State Address: Street Address City; S tale & Zip Phone E-mail address: KPB Parcel #: Lot #, Block # & Subdivision: Name of River: The following is a list of the types of projects that we have handouts that we can send you to assist you in designing your project. Please check the ones that you would Pike additional information on and we will send them in your application packet. Elevated Light Penetrating Walkways, Decks and Stairs Spruce Tree Revetments Vegetated Cribbing Hedge Brush Layering Brush kayering Coir bogs Live Siltation Dormant Willow Cuttings Live Willow Staking Live Bundles {Fascines) Grass Rolls Rootwads s •: ~ CITY OF i(ENAI ~~ ~ ~~ r~ e~:~ ~ ~~~ ` 210 FiDALGO AVE., SUITE 200 KENAI, ALASKA 89611-7794 TELEPWONE 907.283-7535 .. - _ FAX 907-263-3014 MEM~R.ANDUM TO; MAYOR AND COUNCIL MEMBERS FROM: Carol L. Freas, Citv Clerk DATE: August 1, 2003 RE: DISCUS570N-- Kenai Peninsula Borough/Kenai River Protection Area Ordinance -- 50 Foot Setback. Vice Mayor Bookey requested this discussion be included on the agenda. To aid in the discussion, the following information is provided: an app ications. 1. Kenai Peninsula Borough Code, Chapter 21.18, Anadromous Streams Habitat Protection. 2. Map noting "'...the western most section line common to Section 5 and Section $, TSN, R11W, Seward Meridian" as stated in KPB 2I.1$.I40(G), Definitions. 3. KPB Ordinance 96-06, Defining the Kenai River Watershed (passed 4/96J. 4. KPB Ordinance 2000-08, amending the Kenai River Habitat Protection Ordinance to Include Other Anadromous Streams Within the Kenai Peninsula Borough. 5 3/21/00 KPB Assembly Meeting summary -- Committee Report and Ordinance 2000-08 action. 6. 4/ 1$/00 KPB Assembly meeting minutes/action on Ordinance 2000-0$. 7. 5/02/00 KPB Assembly meeting summary/action on Ordinance 2000-08. 8. 516/00 KPB Assembly meeting minutes/action on Ordinance 2000-0$. 9. 1 / 17/96 Kenai City Council meeting minutes regarding KPB Kenai River Protection Area Ordinance. I0. 3/20/96 Kenai City Council meeting minutes regarding KPB Kenai River Protection Area Ordinance. 11. 4/3/96 Kenai City Council meeting minutes regarding KPB Kenai River Protection Area Ordinance. I2. 6/7/00 City' Council comments regarding KPB Kenai River Protection Area Ordinance. 13. City of Soldotna Municipal Code 17.10.285, Kenai River Overlay District (KROD) d 1' I~~iaar ~~f~~r ,~_ elf Attachments ' '1 , -. q 21.18.010 KENAI PENINSULA BOROUGH CODE CHAPTER 21.18. ANADROMOU5 STREAMS HABITAT PROTECTION'S 21.18.010. Purpose. The purpose of this chapter is to ensure measures for the protection within the Kenai Peninsula Borough of salmon spawning and rearing habitat are applied in a consistent wanner while recognizing private property rights and providing cities the option Lo administer the ordinance within their boundaries. It is the intent of this ordinance to avoid duplicating regulations of state, federal, or municipal agencies and to minimize conflicts between those regulations and this ordinance. (Ord. No. 2000-08, § 2, 5-16-00; Ord. No. 96-06, § 1(part}, 1996) 2Y.18.020. Fipdings. In enacting this ordinance the assembly finds numerous factors affect the habitat of the anadromous streams within the Kenai Peninsula Borough. Among others these include bank erasion, bank trampling, pollution, inadequate tourism infrastructure, unsuccessful attempts to remedy bank erosion or protect and restore habitat, inconsistent regulations, logging, grazing, mining, wetland fill and drainage, excavation and fill of property, dredging, inappro- priately installed culverts, fuel storage, and maintenance of existing structures. The assembly f nds that the sensitivity of the river area requires general prohibition of activities within an area immediately adjacent to the anadromous streams and only activities which do not damage the habitat should be allowed. The assembly finds that certain activities have minor impact and that e~sting state, federal and local laws and regulations contain sufficient controls an these activities that further regulation is not currently needed. The assembly further finds that fuel storage and significant removal of vegetation within the 100-year flood plain along the anadramous streams need regulation to protect the salmon habitat. ford. No. 2000-08, § 3, 5-16-00; Ord. No. 96-06, § lfpart), 1996) 21.18.025. Application. The following anadromous streams, as identified in the "Atlas and Catalogue of Waters Important for Spawning, Rearing, ar Migration of Anadromous Fish" published by the Alaska Department of Fish and Game, are subject to this chapter: A. Within the east side of Cook Inlet as follows: ~ 1. Kenai River, Stream No. 244-30-10020, and its following tributaries: f a l Seaver Creek, Stream No. 24430-10030-2025 fb) Slikok Creek, Stream No. 24430-10010-2030 fc) Soldotna Creek, Stream No. 24430-10010-2039 fd) Funny River, Stream No. 24430-10030-2050 fe) Moose River, Stream No. 24430-10010-2063 *Editor's note-Ord. No. 2000-08, § 1, adopted May 16, 2000, amended the title of Ch. 2L18, to read as herein set out. See the Code Compazative Table. S upp. IVo. 6 21--56 ZONING ff) K.illey Rivez; Stream Na. 24430-i00I0-2076 fig) Upper Killey River, Stream No. 24430-10010-2110 (h) Russian River, Stream No. 24430-10010-215$ (i) Quartz River, Stream No. 24430-10010-2177 G) Fail River, Stream No. 24430-10010-2225 2. Swanson River, Stream No, 247-90»10020 3. Kasilof River, Stream Na. 244-30-10050 4. Ninilchik River, Stream No. 244-20-10090 5. Deep Creek, Stream No. 244-20-10100 6. Stariski Creek, Stream Na. 244-10-10050 7. Anchor River, Stream No. 244-10-10010 8. Fax River, Stream No. 241-14-10645 9. Seldovia River, Stream No. 241-1I-10730 10. English Bay River, Stream No. 241-30-10500 11. Bradley River, Stream No. 241-1410625-2010 12. Bishop Creek, Stream No. 246-90.10030 I3. Chickalaon Creek, Stream No. 247-60-10110 14. North Fork of Anchor River, Stream No. 24410-10010-2011 15. Seven Egg Creek, Stream No. 24780-10010 ford. No. 2000-08, § 4, 5-16-00) 21.18.030. Periodic review. 21.18,035 As part of its role in comprehensive planning the planning department shall prepare an assessment of the benefits and effectiveness of this chapter after one year, with a review every two years thereafter. In preparing this evaluation the planning commission shall hold at least one public hearing. (Ord. No. 96-06, § 1(part), 1996) 21.18.035. Kenai River watershed district. There is established a Kenai River watershed district comprised of all lands lying within or contiguous to the Kenai River drainage system as bounded and defined on the official map, a copy of which is attached as Exhibit A, which shall be kept on file in the planning department. The Kenai River drainage system shaA include all sections of the Kenai River to its outlet into Cook Irilet, all tributaries and small lake systems including Kenai and Skilak Lakes and their headwaters. The purpose of establishing this watershed district is far watershed boundaries only. Inclusion indicates that the area is important to the Kenai River watershed, ford. No. 96-06, § 1(part), 1996) Supp. i~o. 6 21-57 ~~ 21.18.040 KENAI PENINSULA BOROUGH CODE 21.18.040. Habitat protection area established. _y, There is established an anadromous stream habitat protection area. Except as othervnise 7~ provided in this section, this area includes ail lands within 50 horizontal feet of the streams set Earth in KPB 21.18A25. This shall be measured from the ordinary high water mazk or mean high water line in tidal areas. Where the banks within this 50-foot area consist of a 60 degree or mare cut bank the habitat protection area shall consist of the greater of 50 feet from the river or to a point 25 feet back from the tap of the cut bank. (Ord. No. 2000-0$, § 5, 5-16-00; Ord. No. 96-06, § 1(part), 1996) 21.18.OS0. Flood plain---Restrictions within for habitat protection-Permit required- Fuel storage tanks and logging--Conditions. A. Na person shall install or replace a fuel storage tank or conduct logging activities as defined in this section within any flood hazard area bordering the Kenai River or any of its tributaries or other anadromous streams set faith in KPB 21.18.025 without first obtaining a permit from the borough planning director. In this section "flood hazard area" means any area designated as such pursuant to KPB 21A6 and shown on the most recent flood insurance rate rasps published by the Federal Emergency Management Agency. B. Application for a permit shall be made to the borough planning department. No permit shall be issued unless the planning director or designee determines that the proposed activity meets the requirements of subsection C of this section. The applicant shaA submit site or work plans showing the location of the activity, the proposed means of conducting the activity, and information showing that the proposed activity meets the conditions of this section. C. Fuel storage tanks must be attached or anchored solidly to a structure or to the ground. Cables may be used for anchoring that are of sufficient strength to prevent the tank from tearing loose if it were to float while empty. The tank must also be installed within an impervious containment basin of a size sufficient to contain 110rk of storage capacity plus 12 inches of free board. D. No permit shall be issued for logging unless the borough planning director, ar designee, determines the clearing does not result in a cleared area larger than 20 percent of the total area of the parcel provided that clearing for the footprint of a building may exceed this 20 percent limit. Multiple cleared areas may exist on a parcel but the total of all such areas may not exceed 50 percent of the total area of the parcel upon which the logging permit is sought. The planning director may also deny a permit upon a determination that the proposed logging will increase runoff and/or erosion to such levels that it may significantly damage the riparian habitat and wetlands within the habitat protection area. E. A decision of the planning director under this section may be appealed to the planning commission. The appeal must be filed with the planning director within seven days of the date of the decision and state the basis of the appeal. Only the applicant or an affected property owner may appeal a decision. (Ord. No. 2000-0$, §§ 6, 7, 5-16-00; Ord. No. 96-06, § 1(part), 1996) Supp. No. 6 21---58 ZONING 2I.laA7o 2X.18.060. Prohibited activity within the protection area. Within the habitat protection area established by Section 21.18,040 of this chapter, no building, construction, filling, excavation, major clearing of vegetation, commercial recre- ational uses, or activity which results in significant erosion or damage to riparian habitat, or results in or increases ground or water pollution, can be conducted except when specifcally allowed under KPB 21.18.070, or when a conditional use permit has been issued pursuant to KPB 21.18.072 or 21.18.080 or when allowed far a period existing structure under the provisions of KPB 21.18.090. (Ord. No. 96-06, § I(part), 1996) 21.18.070. Activities not requiring a permit. A. The activities specified in this section may be conducted within the habitat protection area zone without obtaining a permit from the borough under this chapter. This section in no way waives or modifies the necessity of adherence to other provisions of the KPB code, including KPB 21.06 (flood plain management}, or requirements of a permit from federal, state or local governments. Conduct of activities listed in this section are expressly conditioned upon obtaining all applicable permits. Conduct of activity without obtaining necessary permits shall be considered a violation of this chapter, subject to the provisions of Section 21.18.114. B. The following activities, to the extent they do not result in significant erasion or damage to riparian habitat, ar result in or increase ground or water pollution, do not require the issuance of a permit under this chapter; 1. Minor vegetation management ttrimming, pruning, or removal of hazardous trees) Z. Private non-commercial recreational uses that do not involve construction, excavation or fill of land 3. Construction, installation, repair and maintenance of ladders, steps, cantilevered walkways, platforms, docks, and bank restoration and protection and maintenance dredging that are regulated by and require a permit from the Alaska Department of Natural Resources, State Pazks Division, and the Alaska Department of Fish & Game, U.S. Army Corps of Engineers and other applicable agencies. The activity must comply with all conditions and regulations imposed on such activity. 4, Boardwalks and gratewalks with less than 75 percent but a minimum of 25 percent light penetration must be constructed so that no part, other than the supporting posts, are less than 1$ inches ofI' the ground. Gratewalks with at least 75 percent Iight penetration must be constructed so that no part, other than the supporting posts, are within eight inches off the ground. Boardwalks and gratewalks are not to exceed eight feet in width, and those boardwalks and gratewalks running along or parallel to the banks of the streams shall be limited in length to no more than one-third (th }the total lineal river frontage of the parcel on. which it is constructed. Boardwalks and gratewalks must be constructed of wood, plastic, fiberglass, aluminum, steel, or other non-toxic material. If the wood is treated, it must be certified as non-toxic to plants and Sapp. No. 6 2I-59 21.18.070 KENAI PENINSULA BOROUGH CODE animals by an independent laboratory or other appropriate agency. Boardwalks and gratewalks not meeting the above requirements shall require a conditional use permit. S. Stairways, steps and ladders across Iand adjacent to the river which is at least 10 degrees steep, ar from any adjacent land into the water or onto a floating dock, and with at least 75 percent light penetration, must be constructed so that no part, other than the supporting posts, are within 8 inches off the ground. Stairways, steps and ladders with less than 75 percent but a minimum of 25 percent light penetration must be constructed so that no part, other than the supporting pasts, are less than 18 inches off the ground. Stairways, steps and ladders must be constructed of wood, plastic, fiberglass, aluminum, steel, or other non-toxic material. If the wood is treated, it must be certif ed as non-toxic to plants and animals by an independent laboratory or other appropriate agency. Stairways, steps and ladders not meeting the above requirements shall require a conditional use permit. fi. Fish cleaning stations. (Covered and/or walled in fish cleaning stations shall require a conditional use permit.) (Ord. No. 2000-08, § 8, 5-16-00; Ord. No. 97-26, § 1, 1997; Ord. No. 9fi-06, § 1(part), 3996) 21.18.072. Limited commercial activity within habitat protection area. The planning commission may issue a permit for activities to be conducted within or using the habitat protection area as provided in this section. Permits are required far commercial activities of the same nature as those allowed under 21.18.070 B. for private non-commercial use upon conditions that the activity is limited to pedestrian use over boardwalks, stair and docks necessary to alleviate the increased levels of activity attendant to the commercial activity. A permit may not be issued unless the planning commission determines the activity will be conducted in a manner that does not result in significant erosion, destruction or wetlands or riparian habitat, or result in or increase ground or water pollution. Permits are conditioned upon compliance with all applicable federal, state and local laws and regulations. In granting a permit, the planning commission may establish such conditions on the development, use or operation of the activity or facility for which the conditional use permit is granted as it determines necessary to prevent erosion, destruction of wetlands or riparian habitat or result in or increase ground or water pollution. The activity must be conducted on a portion of property adjacent to the property within the habitat protection area far which the permit is sought. (Ord. Na. 96-06, § 1(part), 1996) 21.18.080. Conditional use permit. A. An owner may apply for a conditional use permit to allow activities which are prohibited within the habitat protection area. Conditional use permit requests shall be approved or denied by the planning commission. The construction or installation phase of an activity requiring a conditional use permit must be completed within one calendar year from the date of the permit's issuance, or the conditional use permit shall expire. However, prior to its expiration date, a conditional use permit extension far up to twelve (12) months may be supp. No. s 21-60 ZONING 21.18.090 granted by the planning director upon written request. A conditional use permit may not be approved unless it is determined the activity will be conducted in a manner that does not result in significant erosion, destruction of wetlands or riparian habitat, or result in ar increase ground ar water pollution. Conditional use permits are conditioned upon compliance with all applicable federal, state and local laws and regulations. In granting a conditional use permit, the planning commission may establish such conditions an the developmer:t, use or operation of the activity ar facility for which the conditional use permit is granted as it determines necessary to prevent erasion, destruction of wetlands or riparian habitat, or result in or increase ground ar water pollution. Additionally a conditional use permit may not be granted unless the planning commission determines that the owner will be deprived of reasonable use of the property without a conditional use permit being granted. B. A person seeking a conditional use permit must make application to the borough planning department. The application shall provide information describing the proposed activity and demonstrate that the activity meets the conditions for conditional use permit. The planning commission has na obligation to ascertain whether special conditions can be developed or imposed unless the applicant has submitted adequate information to deman- stratethat the proposed methods or conditions will eliminate the impacts of the activity within the protection area. If the planning commission determines a proposed activity will cause significant erosion, destruction of wetlands ar riparian habitat, ar result in or increase ground or water pollution it shall deny a conditional use permit far the requested activity. (Ord. Na. 97-26, § 2, 1997; Ord. No. 96-Ofi, § 1(part), 1996) 21.18.090. prior existing activities and structures. A. Intent. There are activities which were conducted, and structures which were under construction, ar exist and were in use before the enactment of this ordinance which would be prohibited or restricted under the terms of this ordinance or future amendments. It is the intent of this section to permit these prior existing activities or structures to continue. Any such activities or structures must still comply with other applicable laws. The activities referenced in this section shall be allowed if they do not result in significant erosion or damage to the riparian habitat. B. Structures. Structures which were under construction or in use before the effective date of any provision of this chapter, but that would be prohibited or restricted under the terms of this chapter shall be allowed to continue, provided that a structure Under construction must be substantially completed within two years of enactment of this ordinance. Such a structure may be maintained or repaired without a permit. Such a structure may also be replaced or reconstructed within two years after accidental damage to accidental destruction by tire, explosion, or other casualty or act of God. Reconstruction or replacement not completed within two years of the date of the damage is prohibited except in compliance with current requirements. Such replacement or reconstruction may only be undertaken in the same space that the structure occupied prior to damage or destruction. Supp. No_ 6 211 21.18.490 KENAI PENINSULA BOROUGH CODE C. Activities. This chapter shall not prohibit or restrict activities which were conducted before the effective date of any provision of this chapter, provided that, after the effective date, such activities are conducted in the same location and are not enlarged to include a greater number of participants ar to occupy a greater area of land. D. Permits. Any enlargement or expansion of such an activity or structure within -the habitat protection area shall require a conditional use permit. A conditional use permit shall be granted to an applicant if the enlargement or expansion will be conducted in a manner that does not result in significant erosion, destruction of wetlands or riparian habitat or increase in ground or water pollution. The permitting authority may attach conditions to the permit it feels are reasonably necessary to achieve the above objectives. E. Other provisions. Any prior existing activity or structure which is abandoned for two years or more shall thereafter not be conducted, used or occupied except in conformity with the provisions of this chapter. 2. Nothing in this chapter shall prevent any change of tenancy, ownership or manage- ment of any prior existing structure. (Ord. No. 96-06, § 1(part?, 1996) 21.1$.100. Administration by cities--Delegation-Legal proceedings. A. The administration and enforcement of this ordinance may be undertaken by a city. B. A city may adopt the standards established in this chapter or prescribe standards more stringent than those established in this chapter for the areas of the city within the habitat protection area or other areas regulated by this chapter. A conditional use permit issued by a city planning commission may serve to satisfy the requirements of 21.18.072 and 21.18.080. C. A city wishing to administer and enforce this chapter shall enact an ordinance adopting the provisions of this chapter by reference, providing the city will undertake the administra- tion in conjunction with the administration of land use regulations and building and health codes enacted by the city. Within 30 days of passage of the ordinance the mayor shall transfer the administration and enforcement to the city. The city may relinquish and transfer the administration and enforcement back to the borough by ordinance, however the transfer shall not take effect unti190 days after the city approves the transfer or the commencement of a new fiscal year for the borough, whichever is greater. D. If a city assumes administration of this chapter, conditional use permit determinations shall be made by the city planning commission, or by the city council, as provided by city ordinance. Appeals or legal proceedings taken from actions of the city in administering shall be the sole responsibility of the city. (Ord. No. 2000-08, § 9, 5-1&-00; Ord. No. 97-26, § 3, 1997; Ord. No. 96-06, § 1(partD, 1996) 5upp. No. & 21-62 ZONING 21.18.140 21.1$•110. Valations-Enforcement. Violations of this chapter are infractions and are subject to civil fines. Enforcement of the provisions of this chapter shall be done in accordance with the remedies set forth in KPB 21,24. (Ord. Na. 97-55, § 4, 1997; Ord. No, 96-06, § I{part), 1996) 2x.18.120. Conflict with city land use authority or other laws or regulations. To the extent this chapter may conflict with any previous grant ar delegation of Iand use regulation authority from the borough, such previous delegation of authority is modified or limited so as not to conflict with this chapter. Except as otherwise specifically provided by another provision of this chapter, the restrictions on use of land activity established by this chapter shall be in addition to any other restrictions adopted by any state, federal or local authority having authority to adopt those restrictions. (Ord. No. 96-U6, § 1(partJ, 1996) 21.18.130. Administration and appeals. Applications for permits, conditions! use permits or determinations under this chapter will be administered in accordance with the provisions of KPB 21.20 governing application, notice and conduct of hearEngs. Appeals from action taken under this chapter will be handled in accordance with the appeal procedures set forth in KPB 21.20. (Ord. No. 96-06, § llpart), I99B) 21,18.135. Exemption for err~ergency situations. In a declared emergency, the department, through its authorized representative, may issue oral permits to a riparian owner far removing obstructions ar for repairing existing structures without the necessity of submitting prepared plans and specifications as may be required by this chapter. (Ord. No. 97-26, § 4, 1997) 21.18.140. Definitions, As used in this chapter: A. "Commercial use" shall mean an occupation, employment, or enterprise that is carried on for sale of goods ar services or for profit. B. "Conditional use" shall mean a use that would not be appropriate without restrictions throughout Lhe habitat protection area but which, if controlled as to number, area, location, relation to the habitat or method of operation, would not cause ar lead to significant erosion, destruction of wetlands or riparian habitat, ar result in or increase ground or water pollution. C. "Cut bank" shall mean banks of anadromous streams with exposed sail surface that have occurred from natural or manmade causes whether the exposed surface extends to the high water mark or not. Supp. No. 6 21-63 21.iS.i40 KENAI PENINSULA BOROUGH CODE D. "Erosion" shall mean significant sloughing, washout, or discharge of soil arising from manmade sources or causes. E. "Fuel storage tank" shall mean any vessel for the storage of petroleum based fuels including gasoline, diesel, kerosene and heating oil having a liquid volume of 200 gallons or more. F. "Ground or water pollution" shall mean the discharge, application, spread or release of chemicals, toxic materials, fuels, pesticides, petroleum based fuels on or into the soil and waters within the habitat protection area. G. "Kenai River" shall mean the main stem of the river from and including Kenai Lake to the mouth including Skilak Lake. The main stem shall include all sloughs, channels, boat basins, distributaries, and lagoons. For the purpose of this chapter, the mouth shall be described as the western most section line common to Section 5 and Section 8, T5N, R11W, Seward Meridian. H. "Logging" shall mean removal or cutting down more than 50 trees per acre that have a breast diameter height of 6" or more. I. "Mean high water line" ar "ordinary high water line" shall have the definition given in Il AAC 53.900(15) as it currently exists or as it may be renumbered or revised. J. "Ordinary high water mark" shall have the definition given in 11 AAC 53.900(23) as it currently exists or as it may be renumbered ar revised. K "Riparian habitat" shall mean Lhe areas within and adjacent to the river containing spawning and rearing habitat for salmon ar that provide immediate cover or stability for salmon and eggs at all stages of development. L. "Soil erosion" shall mean the increased movement of soils that occurs as a result of human activities or development. M. "Structure" shall mean anything which is constructed, erected or moved to or from any premises and which is located above, on, or below the ground, including buildings, roads, signs, billboards, satellite antennas and other communication structures, fences, and mobile homes. N. "Wetlands" shall have the meaning given in 16 USC § 1302 as applied to land within the habitat protection area. O. "Gratewalks" shall mean elevated light penetrating (ELP) walkways utilizing some variety of open grate material as a surface. P. "Substantially complete" shall mean essentially completed and available for the owner's beneficial use far the purpose and in the manner intended for the structure. Q "Boardwalks" shall mean elevated walkways utilizing wooden planks as a surface. (Ord. No. 2000-08, § 10, 5-1fi-00; Ord. No. 97-26, §§ 5, 6,1997; Ord. No. 96-06, § 1{part?, 1996) 5~spp. No. 6 214 ' V L . __ ! rte' -~ j~_ ~ --.~JI - Jti '•`~`~Vti ll I~~ T .'.~~` I - . • i r•~r.-' ~ I f_ _ ~I i r rfEI i ' ~ . ^ '_V_ .'~ ru~ -.-~- ~. .\ ~~ . r ili I 1 I ' ~ ` ~~ ~' / \~J ~~ ~ ; r-- ~~ ~ ~~ ~~ - -~ ~~, r. ~ ~ ~ ~ ~ i } ~ ~ _ 1r f '~Y _ I . - . i `. ~ i'. 111 1 ~' ` /, i 1+'~~.'`~/ . / \ , 1 1~` i .1' _ '.~<~~ ~' ~. ",~~~ . / . ~~- .~,~ . ~ ..y-~T= . `. - 1 ~ ~~_ f ~- .~ 5 ~ ~, ~~• ~, ~~ L-:J S~ ~ ~ ~ ~ =:~ ~ ~r ,a ~. ~ p: r \. •, •I h ~ I ~^ ~~. ~~i ~ ~ I~ C~~~ Ordnance 36-06 introauced hy: I Land Llse Committee Datc: 2/20/96 Heann¢: 3r 19146 Postponed to: 3127196 Postponed ta: 4/0y96 Carved over to: ~! t G/96 Action: ~ Enacted as Amended Votc: fi Yes, 3 No Rewnsrderation noticed: 4/27J96 Action: No Motion Made KENAI PENINSULA BOROUGH ORDINANCE 96-06 AN ORDINANCE DEFINING TIIE KENAI RIVER WATERSHED, Page i of ESTABLISHING AREAS FOR REGULATION OF ACTIVITIES FOR HABITAT PRDTECTION W[THIN THE WATERSHED ANA ENACTING LAND USE RESTRICTIONS WITHIN THOSE AREAS WHEREAS,the Kenai River is recognized as a critical natural resource and is very important to the economic weld being and quality of life and lifestyle of the Kenai Peninsula Borough and its residents; and WHEREAS,numerous studies have been completed detailing and inventorying the complexity of the Kenai River; and WHEREAS.the afaremennoned studies are unanimous in concluding that restricting land use is necessary to protect and prcservr the riparian habitat of the Kenai River, and WHEREAS,the Kenai Peninsula Borough has authority for and is responsible for Land use planning within its boundaries: and WHEREAS,the "Kenai River Comprehensive Plan -Gaols and Obiecnves for the Kenai River Corridor" was adapted in Ordinance 87-48 as part of the baraugh's comprehensive plan; and WHEREAS,within ont year from tnactrnent of this ordinance the Assembly intends to expand the habitat protection area, as defined in this ordinance, to include anadromous Kenai River tributaries; NOW, THEREFORE, BE IT ORDAINED BY THE ASSEl4iBLl' OF THE KENA1 PENINSULA BOROUGH: SECTION 1.That a new chapter 21.1$ to the borough Bode of ordinances be enacted to read: KENAI RIVER I-IABITAT PROTECTION 2I.1 S.OI O Purpose. Establish measures far the protection of Kenai River Salmon spawnrn¢ and rearing habitat are applied in a consistent manner while recognizing private property rights and providing ones the option to administer the ordinance within their boundaries. It is the intent of this ordinance to avoid duplicating regulations of state, federal, or municipal agencies and to minimize canfticts between those regulations and this ordinance. 21.1$.020 Findings. [n enacting this ordinance the assembly finds numerous factors affect the habitat of the Kenai River. Among others these include bank erosron, bank trampling, pollution, inadequate tourism rnfrastructure, unsuccessful attempts to remedy bank erasion or protect and restore habitat, inconsistent regulations, logging, grazing, minin¢, wetland fill and drainage, excavation and f I1 of proper'N, dredging, inappropriately installed culverts, fuel storage, and maintenance of existing structures. The assembly Ends that the sensitivity of the truer area reautres ¢eneral prohibition of acttvtties within an area immediately adjacent to the Kenat River and only acnvities which do not damage [he habitat should be allowed. The assembly Ends that certain activities having minor Impact and that existing state. federal and local taws and regulations contain sufficient controls on these acnvities that further regulation is not currently needed. The assembly further Tinds that fuel storage and significant removal. of vegetation within the 100-year flood plain along the Kenai River and its tnbutartes need regulation to protect the Kenai River salmon habitat. _1.18.030 Periodic Review. As part of its rote in comprehensive planning the planning department shall prepare an assessment of the benefits and effectiveness of this chapter after one year, with a review every two years thereafter. In preparing this evaluation the planning commission shall holed at least one public heating. 21. I $.035 Kenai River watershed district. There is established a Kenai River watershed district comprised of a[I lands lying within or contiguous to the Kenai River drainage system as bounded and defined on the official map, a copy of which is attached as E~chibit A_ which shall be kept on file in the planning department. The Kenai River drainage system shall include all sections of the Kenai River to its outlet into Cook Inlet, ail tributaries and smolt lake systems including Kenai and Skilak Lakes and their headwaters. The propose of establishing this watershed disttzct is for watershed boundaries only. Inclusion indicates that the area is important to the Kenai River watershed. _!.18.040 Habitat protection area established. There is established a Kenai River habitat protection area within the Kenai River watershed district. Except as otherwise provided in this section, this area includes all [ands within 50 harizontaf feet of the Kenai River. Ibis shall be measured from the ordinary high water merit or mean high water line in tidal areas. Where the banks within this fifty-foot area consist of a b0 degree or more cut bank the habitat protection area shall consist of the greater of 50 feet from the river or to a point 25 feet back from the top of the cut bank. 2!.18.050 Flood plain -- Restrictions within for habitat protection -- Permit required - Fucl storage tanks and logging -- Conditions. A. No person shah install or replace a fuel storage tank or conduct logging activities as defined in this section within any flood hazard area bordering the Kenai River or any tsf its tributaries without first obtaining a permit from the borough planning director. In this section "flood hazard area" means any area designated as such pursuant to KPH 21.06 and shown on the most recent flood insurance rate maps published by the Federal Emergency Management Agency. B. Application for a permit shall be made to the borough planning department. No permit shall be issued unless the planning director or designee determines that the proposed activity meets the requirements of subsection C of this section. The applicant shall submit site or work plans showing the location of the activity, the proposed means of conducting the activity, and information showing that the proposed activity meets the conditions of this section. C. Fuel storage tanks must be attached or anchored solidly to a structure or to the ground. Cables maybe used for anchoring that are of sufficient strength to prevent the tank from tearing loose if it were to float while empty. The tank must also be installed within an impervious containment basin of a sizr sufftcient to contain 1 [ b% of storage capacity plus 12 inches of free board. D. No permit shall be issued for logging unless the borough planning director, ar designee, determines the clearing does not result in a cleared area larger than 20 percent of the total area of the parcek provided that cleating for the footprint of a building may exceed this 20 percent limit. Multiple cleared areas may exist on a parcel but the total of ail such areas may not exceed 50 percent of the total area of the parcel upon which the logging permit is sought. The planning director may also deny a permit upon a determination that the proposed logging will increase runoffand/or eros~an to such levels that it mav_ significantly damage the riparian habitat and wettands within the habitat protection area. E. A decision of the planning director under this section maybe appealed to the planning commission. The appeal must be filed with the planning director within seven days of the date of the decision and state the basis of the appeal. Qnly the applicant or an affected property owner may appeal a decision. 2I.18.060 Prohibited activity within the protection area. Within the habitat protection area established by Section 21. l 8.040 of this chapter, no building, construction, f !ling, excavation, major clearing of vegetation, commercial recreational uses, or activity which results to signifcant erosion or damage to riparian habitat, or results in or increases ground or water pollution, can be conducted except when specifically http://www,borough.kenai.ak.us/AssemblyClerk/Assembly/Ordinances/ 1996/Q... 7/24/2003 Ordinance ~6-0e Page 3 of allowed under KPS 21.13.070. or when a conditional use permtt has been issued pursuant to KPB 21.18.072 ar 21.18.080 or when allowed for a pnor extsang structure under the provisions of KPB 21.18.090. 21.18.070 Activities not requiring a permit. A. The activities specified in this section may be conducted within the habitat protection area zone without obtaining a peranit from the borough under this chapter. This section in no way waives or modifies the necessity of adherence to other provisions of the KPB code, including KPH 2I.OG (flood plain management!, or requirements of a permit from federate state or local governments. Conduct of activities listed in this section are expressly conditioned upon obtaining all applicable permits. Conduct of activity without obtaining necessary permits shall be constdered a violation of this chapter, subject to the provisions of Section Z 1,18. [ l0. B. The following activities, to the extent they do not result in significant erosion ar damage to riparian habitat, or result in or increase ground or water pollution, do not require the issuance of a permit under this chapter: 1. Minor vegetation management (trimming, pruning, ar removal of hazardous trees} 2. Private non-conunerctal recreational uses that do not involve construction, excavation or tilt of land ]. Construction, installation, reoatr and maintenance of ladders, steps, cantilevered walkways, platforms, docks, and bank restoration and protection and mamtenanee dredging that aze regulated by and require a permit from the Alaska Department of Natural Resources, State Parks Division, and the Alaska Depatmtent of Fish & Game, U.S. Army Corps of Engineers and other applicable agencies. The activity must comply with all conditions and regulations imposed on such activity. 4. Boardwalks meeting specifications established in KPH 5.14.040(A). 21.18.072 Limited commercial activity within habitat protecnon azea. The planning commission may issue a permit for activities to be tonducted within or using the habitat protection area as provided in this section. Permits are rcgtrired for commertial activities of the soma nature as those allowed under 21,18,070 H. far private non-commercial use upon conditions that the activity is limited to pedestrian use over boardwalks, stair and docks necessary to alicviare the increased levels of activity attendant to the Commercial activity, A permit may not be issued unless the planning commission determines the activity will be conducted in a manner that does not result in significant erosion, destruction of wetlands or riparian habitat, or result in or increase ground or water pollution. Permits are conditioned upon compliance with all applicable federal, state and local laws and regulations. ]n granting a permit, the planning commission may establish such conditions on the development, use or operation of the activity or iaciliry for which the conditional use permit is granted as it determines necessary to prevent erosion, destruction of wetlands or riparian habitat or result in ar increase ground or water pollution. The activity must be conducted on a portron of property adjacent to the property within the habitat protecnon area for which the permit is sought. Z 1.18.080 Conditional use permit. A. An owner may apply for a conditional use permit to allow activities which are prohibited within the habitat protection area Conditional use permit requests shall be approved or denied by the planning commission. A conditional use permit may not be approved unless it is determined the activity will be tonducted in a manner that does not result in significant erosion, destruction of wetlands or riparian habitat, or result in or increase ground or water pollution. Conditional use permits are conditioned upon compliance write all applicable federal, state and locale laws and regulations. In granting a conditional use petmu. the planning commission may establish such conditions on the development, use or operatton of the activity or facility for which the conditional use permit is granted as it determines necessary to prevent erosion, destruction of wetlands or riparian habitat, or result in or increase ground or water pollution. Additionally a conditional use permit may not be granted unless the planning commission determines that the owner will be deprived of reasonable use of the property without a conditional use permit being granted. B. A person seeking a conditiona! use permit must make applicatton to the borough planning department. Tire application shall provide information describing the proposed activity and demonstrate that the activity meets the conditions for conditional use permit. The planning commission has no obligation to ascertain whether speciaE conditions can be developed or imposed unless the applicant has submined adequate information to demonstrate that the proposed methods or conditions will elitttinate the impacu of the activity within the protection area. !f the planning commission determines a proposed activity will cause significant erasion, destruction of wetlands or riparian habitat, or result in or increase ground or water pollution it shall deny a conditional use permit for the requested activity. 21.18.090 Prior existing activities and structures. A. Intent. There are activities which were conducted, and structures which were under construction, or exist and were m use before the enactment of this ordinance which would be prohibited or restricted under the terms of this ordinance or future amendments.lt is the intent of this section to permit these prtar extsttng activities or structures to conunue. Anv such activities or structures must still comply with other applicable laws. The acnvities referenced in this section shall be allowed if they der not result in significant erosion or damage to the riparian habitat. B. Structures. Structures which were under construction or in use before the effective date or"any provision of this chapter, but that would be prohibited or resmcted under the terms of thts chapter shall be allowed to continue, provided that a structure under construction must be substantially completed within two years of enactrrtent of this ordinance. Such a structure may be maintained or repaired without a permit. Such a structure may also be replaced or reconstructed within two years after accidental damage or accidental destruction by fire, explosion, or other casualty or act of God. Reconstruction or replacement not completed within two years of the date of the damage is prohibited except in compliance with current requirements. Such replacement or reconstruction may only be undertaken in the same space that the structure occupied prior to damage or destruction. _ C. Activities. This chapter shall not prohibit ar restrict activities which were conducted before the effective date of anv provision of this chapter, provided that, after the effective date, such activities are conducted in the same location and are not enlarged to include a greater number of participants err to occupy a greater area of land. D. Permits. Any enlargement or expansion of such an activity or structure within the habitat protection area shall require a conditional use permit. A conditional use permit shah be granted to an applicant if the enlargement or expansion will be conducted to a manner shat does not result in significant erasion, destruction of wetlands err riparian habitat err increase ~n ground or water pollution. The permitting authority may attach conditions to the permit it feels are reasonably necessary to achieve the above objectives. E. Other provisions. 1. Any prior existing activity or structure which is abandoned far two years or more shall thereafter not be conducted, used or occupied except in conformity with the provisions of this chapter. 2.1Vothing in this chapter shall prevent any change of tenancy, ownership or management of any prior existing structure. 2L.18.100 Administration by cities - Deltgatian - l.egaf proceedings. A. The administration and enforcement of this ordinance tray be undertaken by a city. B. A city may adopt the standards established in this chapter or prescribe standards mare stringent than those established in this chapter for the areas of the city within the habitat protection area or other areas regulated by this chapter. . C. A city wishing to administer and enforce this chapter shall enact an ordinance adopting the provisions of this chapter by reference, providing the city will undertake the adtttinistration in conjunction with the administration of land use regulations and building and health codes enacted by the city. Within 30 days of passage of the ordinance the mayor shall transfer the administration and enforcement to the city. The city may relinquish and transfer the administration and enforcement back to the borough by ordinance. however the transfer shall not take effect undi 90 days or the commencement of a new fiscal vear for the borough, whichever is greater. D. if a city assumes administration of this chapter, conditional use permit determinations shall be made by the city planning commission, or by the city council, as provided by city ordinance. Appeals or legal proceedings taken from actions of the city in administering shall be the sole responsibility of the city. 21.1$.1 l Q Penalty for violation. For any violation of this chapter the owner, agent, or contractor of a building or premise where such violations have been committed or shall exist , or any other person who maintains any building err premise yr conducts an activity in violation of this chapter shall be subject to a civil penalty up to 530(?. Each day that a violation continues shall be considered a separate vioiatian for purposes of imposing the penalty. The provisions of KPB 21.24.020 shall not apply to violations of this chapter. 2 L 18. l ZO Conflict with city land use authority or other laws or regulations. To the extent this chapter may conflict with any previous grant or delegation of !and use regulation authority from the borough, such previous delegation of authority is modified or limited so as not to conflict with this chapter. Except as otherwise specifically provided by another provision of this chapter, the restrictions an use of land activity established by this chapter shall be in addition to any other restrictions adopted by any state, federal or local authority having authority to adopt those restrictions. hrip://www.borough.kenai.ak.us/AssemblyClerk/Assembiy/Ordinances/ 199614... 7/24/2003 r , Ordinance ~t5-06 1.18. l30 Administratton and appeals. Page ~ of 5 Applications far permits, conditional use permits or determinations under this chapter will be administered in accordance with the provisions of KPB 2 L20 governing applicatton, notice and conduct of heanngs. Appears from acnon taken under this chapter will be handled in accordance wtth the appeal procedures set forth in KPB 21.0 1.! $.140 Definitions. As used in this chapter: A. "Commercial use" shall mean an accupanon, employment, or enterprise that is carried on for sale of goods or services or for profit. 8. "Conditional use" shall mean a use shat would not be appropnate without restrictions throughout the habitat protection area but which, if controlled as to number, area, locatton, relation to the habitat or method of operation, would not cause or lead to significant erasion, destruction of wetlands or riparian habitat. yr result in ar increase ground or water pollution. C. "Cut bank" shall mean banks of the Kenai River wuh exposed sari surface that have occurred from natural or manmade causes whether the exposed surface extends to the high water mark or not. D. "Erosion" shall mean significant sloughing, washout, ar discharge of soil arising from manmade sources or causes. E. "Fuel storage tank" shall mean any vessel far the storage of petroleum based fuels including gasoline, diesel, kerosene and heating al having a liquid volume of 200 gallons or more. F, "Ground or water pol[ution" shall mean the discharge, application, spread or release of chemicals, toxic materials, fuels, pesticides, petroleum based fuels on or rota the soil and waters within the habitat protection area. G. "Kenai River" shall mean the main stem of the river from and including Kenai Lake to the mouth including SkiIak Lake. H. "Logging" shall mean removal or cutting down more than 50 trees per acre that have a breast diameter height of 6" or more. I. "Mean high water line" ar "ordinary high water line" shall have the defnition given in 1 I AAC 53.900(15) as it currently exists or as it may be renumbered or revised. !. "Ordinary high water mark" shall have the definition given rn 1 l AAC 53.900(23) as it currently exists or as rc may be renumbered or revised. K. "Riparian habitat" shall mean the areas within and adjacent to the river containing spawning and rearing habitat for salmon er that provide immediate cover or stability for salmon and eggs at all stages of development. L. "Soil erosion" shall mean the increased movement of soils that occurs as a result of human activities ar development. M. "Structure" shall mean anything which is constructed, erected ar moved to or from any premises and which is located above, on, or below the ground, including buildings, roads. signs, billboards, satellite antennas and other cotnmunrcauon structures, fences, and mobile homes. ~. "Wetlands" shall have she meaning given m f 6 USC 1302 as applied to land within the habitat protection area. SECTION Z.That this ordinance shall take effect May I S, ! 996. ENACTED BY THE A5SEMBLY OF THE KENAI PENINSULA BOROUGH THIS 22nd DAY OF APRIL, 1996. Pas~e i oT ~ ]ntroduced by: ~calzt, Brown. Popp, Navarre Date: i?2115!00 ~~"¢: 03121100. D4118100, 05/02/00 Amended: 03/21/00 Action: Amended & P°stnoned Date: 05!02/00 Action: ~nacud as Amended Date: 0511 b100 ~OtO` 3 Yes, 0 No, t Absent KENAI PENINSULA BOROUGH ORDINANCE 2000-08 AN ORDINANCE AMENDING THE ItENAI RIVER HABITAT PROTECTION ORDINANCE TD INCLUDE OTHER ANADROMOUS STREAMS WITHIN THE KENAI PENINSULA BOROUGH WHEREAS, to 1996 the assembly adopted KPB 2I. [ $ in order to protect important Kenai River salmon habitat; and WHEREAS, at the time of adoption of KPB 21.18, the assembly stated its tntent to extend application of the ordinance to tributaries to the Kenai River within one year, and WHEREAS, there are a number of anadrvmous streams within the Kenai Peninsula Borough according to the Alaska Department of Fish & Game atlas and catalog of anadramous fish which would bentftt from the habitat protection provisions of KFB 21.18; and WHEREAS, salmon streams are vital to the economy of the Kenai Peninsula Borough and the enjoyment of borough residents: NOW, THEREFORE, BE iT ORDAINED BY THE ASSEMBLY OF THE KENAI PENINSULA BOROUGH: SECTION 1. That the tale to Chapter KPB 21,18 is amended as follows: CHAPTER 21.18. ~KENAI RIVERS HABITAT PROTECTION SECTION 2. That KPB 21.18.010 is amended to read as follows: Z1.18.01D. Purpose. ~phose of this chapter is to ensure [Establish] measures for the protection wtthin the Kenai Peninsula Borou_h of [Kenai River] [5]salmon spawning and rearing habitat are applied in a consistent manner while recognizing private propem rights and providing cities the option to administer the ordinance within their boundaries. 1t is the intent of this ordinance to avoid duplicating regulations of state, federal, or municipal agenetes and to mtntmize cont7icts between those regulations and this ordinance. SECTION 3. That KPB 2 ] .18.020 is amended to read as follows: 21.18.020. Findings. In enacting this ordinance the assembly finds numerous factors affect the habitat of the anadromo~st [Kenai River] ~~ withj2the Kenai Penins~ a BorougJl. Among others these include bank erosion, bank trampling, pollution, inadequate tourism tnr"rasttvcture, unsuccessfuE attempts to remedy bank erosion or protect and restore habitat, inconsistent regulations, logging, grazing, minin¢, wetland fill and draina¢e. excavation and fi[1 of property, dredging, inappropriately installed culverts, fuel storage, and maintenance of existing structures. The assembly finds that the sensttivity of the river area requires general prohibition of activities within an area tmmediatefy adjacent to the [Kenai River] na and only activities which do not damaue the habitat shoukd be allowed. The assembly finds that certain activities (having] ]tea vg minor impact and that existing state. federal and local laws and regulations contain suiftcient controls on these activities that further regttlation is not currently needed. The assembly further f rids that fuck storage and significant removal of vegetation within the 100-year t]ood plain along the [Kenai River] anadromous streams [and its tributaries] need regulation to protect the [Kenai River] salmon habitat. SECTION 4. That KP13 21.18.025 is enacted to read as follows: 21.18.025. Application. The following anadromous streams, as identified in the "Atlas and Catalogue of Waters Important for Spawning, Rearing, or Migration of Anadromous Fish" published by the Alaska Department of Fish and Game, are subject to this chapter. A. Within the east side of Cook Inlet as follows: I. Kenai River, Stream No. 244-30-10010, and its followmg tributaries: (a) 8caver Creek, Stream No. 24430-I OO10-2025 (b) Slikok Creek, Stream No. 24430-10010-2030 {c) Soidotrra Creek, Stream No. 24430-10010-2039 (d) Funny River, Stream No. 24430-10010-2050 (e) Moose River, Stream No. 24430-10010-2063 (f) Killey River, Streatn No. 24430-IOOi0-207b (g) Upper Killey River, Stream No. 24430-10010-21 [ 0 (h) Russian River, Stream No. 24430-10010-2158 {i) Quartz River, Stream No. 24430-IOOi0-2177 (j) Trail River, Stream No. 24430-10010-2225 2. Swanson River, Stream No. 247-90-10020 3. Kasiiof River, Stream No. 244-30-[0050 4. Ninilchik River, Stream No. 244-20- k 0090 5. Deep Creek, Stream No. 244-20- i 0100 6. Stariski Creek, Stream No. 244-10-10050 7. Anchor River, Stream No. 244.10-10010 8. Fox River, Stream No. 241-14-1Ob45 9. Seldovia River, Stream No, 241-I I-!0730 10. English Bay River, Stream No. 241-30-10500 http a/www.borough.kenai.aic.us/asst;mblyclerk/Assembly/Ordinances/2000/02... 7/24/2003 Pace 3 0[ =l e I. Bradley River. Stream No. x-11-1410625-?D10 ]2. BishopCreek. Stream No. 1-i6-90-10030 13. Chickaloon creek. Stream No. 247-60-IOl 10 14. North Fork of Anchor River, stream No. 14410-10010-2011 15.5even Egg Creek. Stream No.24780-[0010 SECTION 5. That KPB 21.18.040 is amended to read as follows: 21.18.040. Habitat protection area establisbed. There is established [a Kenat River) an anadrot]>QUS stream habitat protectton area[ within the Kenat River watershed district]. Except as atherwtse provided in this section, this area includes all [ands within ~0 horizontal Feet of the [Kenai River) s ca s se forth in KPB ? 1.18.02 . This shall be measured from the ordinary high water mark or mean hi¢h water line in tidal areas. 4Uhere the banks within this fifty-foot area consist of a 60 decree or more cut bank the habits[ protection aria shall consist of the greater of 50 feet from the river or to a point 25 feet back from the top oFthe cut bank. SECTION 6. That KPB 21.1 S.OSOA is amended to read as follows 21.18.D5D. F1aod plain-Restrictions within far habitat protection-Permit required-Fuel storage tanks and loggiag- Conditians. A. No person shall install ar replace a fuel storage tank or conduct logging activities as defined in this section withtn anv flood hazard area bordering the Kenai River or any of its tributaries or without first obtaining a permit from the borough planning director. !n this sectton "flood hazard area" means any area designated as such pursuant to KP$ 21,06 and shown on the mast recent flood insurance rate maps published by the Federal Emergency Management Agency. SECTION 7. That KPB 21.18.OSOC is amended to read as follows: C. Fuel storage tanks must be attached yr anchored solidly to a structure or to the ground. Cables may be used for anchonn~ that are or"sufficient strength to prevent the tank from teanne loose tf it were to float wht]e empty. [t~The tank must also be installed within an tmpervtous containmen[ basin of a size sutecient to contain I i0°a of storage capacttr• plus i2 inches or free board. SECTION 8. That KPB 21. ] 8.070{A)(4) is amended to read as follows: 21.18.0'7D. Activities sot requiring a permit 4. 1oardwalks and gratewaiks with less [han 75 percent but a minimum of 25 percent light penetration must be constructed so that na part, other [han the supporting posts, are [ess than 18 inches off the ground. Gratewalks with at feast 75 percent light penetrattan must be constructed so that no part, other than the supporting posts, are within 8 inches off the ground. Boardwalks and gratewalks are not to exceed eight (8) feet in width, and those boardwalks and gratewaiks running alone or parallel to the banks of the [Kenai Riven streams shall be limited in length to no more than one third f 113) the total lineal river frontage of the parcel on which it is constructed. Boardwalks and gratewaiks must be constructed of wood, plastic, fiberglass, aluminum, steel, or other non-toxic material. [f the wood is treated, it must be cerntied as non-toxic to plants and animals by an independent laboratory or other appropriate agency. Boardwalks and gratewalks not meeting the above requirements shall require a conditional use permit. SECTION 9. 'That KPB 21.18. l OOC is amended to read as follows: 21.18.100. Administration by cities-Delegation-Legal proceedings. C. A city wishing to administer and enforce this chapter shall enact an ordinance adopting the provisions of this chapter by reference, provtdin¢ the city will undertake the admintstea[ion to conjunction with the adminisrratton of land use regulations and building and health codes enacted by the city. Within 30 days of passage of the ordinance the mayor shat! transfer the administration and enforcement to the city. The city may reiinqutsh and transfer the administrattan ono enforcement back to :he borough by ordinance, however the transfer shalk not take effect unto 90 days a~;,lhr~tty aonroves the ~„~..r or the commencement of a new fiscal year for the borough, whichever is greater. SECTION 10. 'c'hat KPB 2I.18.140C is amended as follows: C. "Cut bank" shall mean banks of [the Kenai River] anadromous streams with exposed soil surface that have occtttTed from natural or manmade causes whether the exposed surface extends to the high water mark or not. SECTION 11. That this ordinance shall take effect itttmediarely upon enactment. ENACTED BY THE ASSEMBLY OF THE KENAi PENINSULA BOROUGH THIS 16TH DAY OF MAY, 2000. http://www.borough.kenai.ak.ns/assemblyclerk/Assembly/Ordinances/2000/02... 7/24/2003 . .,. Ordinance 2000-08 Memo _iEMORANDUM TO: William Pvpp, Assembly President .Members, Kenat Peninsula Borough Assembly FRAM: Drew Sca12i. Assembly Member DATE: February 3, ?000 SUBJECT: River habitat protection ordinance Page ~ of 1 The protection of salmon streams in the Kenai Peninsula Borough is important to the economy and enjoyment of fish and river resources by the borough's citizens. Currently KPB Z l .18 protects the Kenat River, an impottant salmon stream within the Kenai Peninsula Borough. One of the assembly's goals when adopting KPB 21. I $ in 1996 was to extend the application of the ordinance to the Kenai River's tributaries. This ordinance proposes amending the Kenai River Habitat Protectton ordinance to tnctude anadromous tributaries of the Kenat River. !t also extends the ordinance's apptication [o the larger and more signtticant salmon streams on both the east and west sides of Cook Inlet. The information for determtning the inclusion of anadromous streams is taken from the Alaska Department of Fish & Game publication. "Atlas and Catalogue of Waters important fvr Spawmnu, Reann¢, or Mi¢ranon of Anadromous Fish." 032140 Meetine Sumrnazy Paee 3 of 12 t Heartng on t14/18/001 {Referrea to Finance Canunttteer • Ordinance ZO 0-17; Appropriann¢ 5155.000.00 from the Genera! Fund Balance to Account No. ~t09.21 ] 35.98007.49999, Capital Protects -Kenai River Center f Navarre) (Heating on b4118100) (Referred to Finance Comrrrtttee) Aetition to Vacate that Portion of the 64 foot Right-of--Way Dedicated as Taiga Way Adjacent to Lot ti Block One Van Sky Subdivision No. 2 (P[at 77-i 3 KRD), and the Associated 50 foot Radius 1`emporary Turnaround and the Associated 5 foot Clearing and Under round Utility Easement, within Section 23, Township 'r forth, Range i2 West, Seward Meridian, Alaska; KPB File No. 2000-021 (Referred to Lands Committee) • Appointrnent of Canvass Board for the 041! i/00 Special Election {Referred to Policies and Procedures Committer) President Popp called for public comment on consent agenda items with none being offered. AGENDAS APPROVED AS AMENDED: Unanimous without objection. COMMENDING RESOLUTIONS AND PROCLAMATIONSrrp.r.~~a~ Mayor Bagley read aloud a proclamation reco¢nrzing March as American Red Cross Month and encouraged all citizens to support the Red Crass. PU$LIC COMMENTS AND PRESENTATIONS try. ~, w, President Popp called for public comment an items not appearing on the agenda. There being no one who wished to speak, President Popp closed the public comment period. COMMITTEE REPORTS rr.~. r, u~ Assembly Member Navam stated the Legislative Committee met and discussed the proposed bylaws for the Central Kenai Peninsula Hospital Service Arta Board, Mr. Navam also reported on the recent National Association of Counties legislative trip to Washington, DC. _~~ Assembly Member Sprague said the Lands Committee met with a briefdiscussion on the Kenai Area Plan. Public testimony was provided on Ordinance 20D0-OB with amendments forthcoming. Assembly President Papp chaired the Finance Committee and reported on several resolutions. Mr. Popp stated additional informatton would be provided at the appropriate trine on the agenda. Assembly President Popp reported the Policies and Procedures Committee had postponed the Borou¢h Clerk's Annual Review until April f 8, 2000. REPORTS OF COMMISSIONS AND COUNCILS rro. r. 9rr~ Assembly Member Brown reported on the LNG Terminus Group work plan. Mr. Brown announced a town meeting scheduled at the Nikiski Senior Center on March 30, ?000 ai 6:00 p.m. Assembly Member Navarre attended a Kenai River Special Management Area meeting. He noted he would also be attending the AML Legislative Conference in Juneau. Assembly Member Sprague attended AML teleconferences and was scheduled to attend an AML Legislative meeting in Juneau from Mazch Z2-23. He had also been involved with the CPGH boards, the Economtc Development District, the Trails Commission, and the KPB Planning Commtssion. Assembly Member Fischer also attended a iornr meetin¢ of the Central Kenai Peninsula Hospital Service Area Board and CPGH, Inc. Assembly Member Moss attended a School Dismct meeting in Homer .absent: Merkel. O'Brien. Scalz~ MOTION TO POSTPONE FAII,1rD: 0 Yes, 6 No, 3 Absent VOTE ON MOTION TO ENACT A5 AMENDED: Yes: Popp, Brown, Moss, Sprague, Navarre No: Fischer Absent: Merkel, O'Brien, Scaizi MOTION TO ENACT AS AMENDED: 5 Yes, 1 No, 3 Absent Assembly Member Fischer gave notice of reconsideration of Ordinance 2000-07. ?/// I.1d11J Ordinance 3000-0$p Amending the Kenai River Habitat Protection Ordinance to include Other Anadromous Streams within the Kenai Peninsula Borough (Stahl) (First of Three Hearings) (Referred to Lands Cvmtaittee} MOTION TO ENACT: Sprague moved to enact Ordinance 2000-08. President Papp vpcned and closed public comment with none being offered. MO'T'ION TO AMEND: Navarre moved to amend Ordinance 2000-08 as follows: Section 4. "The following anadromous streams, [or segments of streams,] as identified in the "Atlas and Catalogue of Waters Important for Spawning, Rearing, or Migration of Anadromous Fish" published by the Alaska Department of Fish and Game, are sub]ect to this chapter. A. Within the east side of Cook inlet and Seward as follows: 1. Resurrection River, Stream No. 231-30-10080 2. Kenai River[ and its Tributaries m the Kenai River Drainage], Stream No. 234-30-10010, ~its_foilowing tri~ti esr {~ Seaver Creek. Stream No. 24430-100102(i2~ ~ Slikvk Creek._5tream No. 24430-104191034 u 5oldotrra Creek. Stream No. 24430-1001 Q 2032 ~ Funny River,~5tream No. 21430-1 00 1 0-2050 (~ Lyioos~iver. Stream No. 24430-10010-2063 iL~ Killey River, Stream No. 2x430-10010-2076 (g,~ Uvner fCiIley~tiver,, Stream No. 24430-10010- 2110 ~ 44 - 0 - Out River. Stream No. 24430-10010-2 ! 77 (jlTraiLBiver. Stream Nv. Z4430-iQ_~-22~~ hrip:l/www,borough.kenai. ak.llS/AssemblyClerk/Assemb]y/Meeting%20Swnin... 7/24/2003 032100 Meettn~ ~ummarv =. Swanson River, Stream No. 247-40-!0020 1. KasilofRiver. Stream No. 244-30-10050 I~ ~. Ninilchik River, Streams No. 244-20-! 0090 f 6. Deep Creek, Stream No. 244-20-! 0 [ 00 i 7. Stariski Creek, Stream No. (244-4 1-1 0050) 244-10-!0050 I 8. Anchor River, Stream No. 244-1 0-1 00 1 0 9. Fox River, Stream No. 241-14-10645 10. Seidovia River, Stream No. 241 _ 1 1.10730 11. )~nglish Bay River, Streams No. 24[-30-10500 1 12. Bradley River, Stream No. 241-1410625-2010 I . a-o- 4 4 -l (B. Within the west side of Cook Inlet and Seward A-7 as foliaws: 1 _ Crescent River, Stream No. 245-30-! 0410 2. Polly Creek, Stream No. 2450-10050 3. Hazriet Creek, Stream No. 245-40-E0010 4. Drii3 River, Stream No. 245-50-10085 ~ 5. Big River, Stream No. 245-50-1 005 0 ~ 6. Johnson Slough, Stream No. 245-50-10020 I 7. McArthur River, Stream No. 247-! 0- E 0080 I 8. Middle River, Stream No. 247- f 0- 10070 9. Old Tyontk Creek. Stream No. 247-20-10050 l0. Tyonek Creek, Stream No. 247-20-10040 ' l 1. Beluga River, Stream No. 247-30-10090) i VOTE ON MOTION TO AMEND: Yes: Fopp, Brown, Moss, Sprague, Fischer, Navarre No: None Absent: Merkes, Q'Brien, 5calzi Pale 7 of 12 y10TION TO AMEND PASSED: 6 Yes. 0 No, 3 Absent 170TION TO POSTPONE: Navarre moved to postpone Ordinance 1000-08 until April l8, 2000. VOTE ON MOTION TO POSTPONE AS AMENDED: Yes: Popp, Brawn, Mass, Sprague, Fischer, Navarre No: None Absent: Merkes, O'Brien, Scalzi MOTION TO POSTPONE AS AMENDED PASSED: 6 Yes, 0 No, 3 Absent (Trp 1. i/f/1 O~inAttsg,,i,11i1Q-14: Appropritttiag S74.444 in Supplemencai Funding From Anchor Point Fire and Emergency Medical Service Arcs Operating Fund Balance to the Anchor Paint Fire and Emergency Medical Service Are: Operating Budget la the Amount of 515.004 for Unplanned Maintenance Costs and to the Anchor Potat Fire and Emergency Medical Service Area Capital Improvement Budget in the Amount of 555,440 to help Fund the Purchase of a New Amhnlaace (Mayor) {Referred to Finance Committer) MOTION: l3rawn moved to enact Ordinance Z00(}-10. President Popp called for public comment with noes being offered. VOTE ON MOTION TO ENACT: Yes: Popp, frown, Moss, Sprague, Fischer, Navarre No: None Absent: Merkes, O'Brien, Sca.lzi MOTION TO ENACT PASSED: 6 Yes, 0 No, 3 Absent fri/~1.!li11 Qlditl.~tls~:.~44-1,L: Appropriating 554.444 from General Funds for Establishment of a Port Authority (Mayor) {Referred to Finance Committee) MOTION: Navarre moved for the enactment of Ordinance 2000-1 1. President Papp called for public comment with none being offered. VOTE ON MOTION TO ENACT: Yes: Papp, Brown, Moss, Sprague, Fischer, Navarre No: None Absent: Merkes, O'Brien, Scalzi MOTION TO ENACT PASSED: 6 Yes, 0 No. 3 Absent http://www.borough.kenai. ak.us/AssemblyClerk/Assembly/M~eting%20S umm... 7/24/2003 ,~ ,,~ 041800 Meeting summary Page 1 of 1 Ordinance 2000-08: Amending the Kenai River Habitat Protection Ordinance to Include Other Anadromous Streams within the Kenai Peninsula Borough (Scalzi- Brown. Navarrel ISecond of Three Hearings} {Referred to Lands Committee) (Clerk's No1e.• Motion [o enact was on the lloor from the March 11, 000 meerrng.J President Popp opened the public comment period. The following people spoke in favor of Qrdinance 2000-08: Dsle Boaduraadt, 31864 Moonshine Drive, Soldatna, AK Herman F'andel, 702 Lawton Dtive. Kenai, AK Doa Johasoe, PO Box 876, Sotdotna- AK The following people spoke to oppostttan to Ordinance 2000-08: Scott Janke, 6 E 4 4th Avenue, Seward. AK Sherman C. "Red" Smith. PO Box 770, Cooper Landing, AK Debra Haile, 27370 Tideland Street. Kasilof, AK There being no one else who wished to speak, President Popp closed the public comment period. Assembly Member Scalzi caned upon John Mahorcich of the Kenai River Center and Gary Liepitz with AK Dept. of Fish and Game to answer questions raised by the public. MOTION: Navarre moved to postpone Ordinance 2000-08 until May 2, 2400. MOTION TO POSTPONE PASSED: Unanimous without objection. rrw s. sap 050200 meeljna surnmarv Pa>~e I of OLdi~'tns.~1.444_Q$: Amendia¢ the Kenai River lfabitat Protection Ordinance to include Other Anadramous Streams withia the Kenai Peaiasuia Borough {5calzi, Brawn, ~Vavarrel (Second of Three Hearings) (Referred to Lands Committee> (Clerk's Note: Motion to enact svgs on rlre floor born the March 1 !. 'UO[1 meerin~.f assembly Member Scalzi noted a representative of the Kenai River Center gave a presentatron donne dte Lands Committee ~leenng. President Popp called for public comment. The followin¢ people spoke in opposrtion to including Resurrection River in Ordinance 2004-08: Jim McCrackea, PO Box 69 i, Seward, AK Steven Schafer, PO Box 1062, Seward. AK Roa Loag, Camelot Suhdivision, Seward, AK Sab Valdatta, X18 Fifth Avenue. Seward, AK The following people spoke m favor of including Resurrecnon River rn Ordinance 2000-0$: Charlie Craagle, PO Box 3344, Seward, AK Dale Boaduraat, 3 [ 8G4 Moonshine Drive, Saldotna, AK MOTION: Scalzi moved to amend Ordinance 1000-0811.18.015. Application by deleting Resurrecnon River, Stream No. 23 I -30-(0080, until such time as a site specific plan for habitat protectron can feasibly be implemented and adopted appropriately by ordinance. Assembly Member O'Brien spoke in favor of the Scalzi amendment. MDTION TO AMEND PASSED: Unanimous without objection. MOTION: Scalzi moved to include the North Fork of the Anchor River, Stream No. 24410-[0010-201 [. ~10TION TO AMEND PASSED: Unantmous without objection. MOTION: Brown moved to include Seven Egg Creek, Stream No. 24780-[0010. i 1gOTION TO AMEND PASSED: Unanimous with objection. i ~ YTOT[ON: Sprague moved to amend Ordinance 1000-48 with the following additions: "Section 4.21.18.025 Application {c) Soldoma Creek, Stream Ivo. 24.330-10010-2039 1• to E t a a 4430- O i 0- 0- 029 o e L 44 0- f 0 i- - 40 3. Un nine inborn ro Sevena bake ?443 -100 f 0-203 -3045 j 4. n d b to to Cisco ake24430-tQO10-2D 9-3053." k ~'OT$ ON MOTION TO AMEND: Yes: O'Brien, Navarre, Scalzi, Popp, Brown, Sprague, Moss Nv: Merkes. Fischer Absent: None MOTION TO AMEND PASSED: 7 Yes, 2 No, 0 Absent MOTION: Merkes moved to postpone Ordinance 1000-08 until May l6, 2000. Assembly Member Navarre spoke in opposition to postponement. He later reluctantly withdrew his aisjection. Assembly Members Fischer, Brown, Sprague, Scalzi, and O'Brien spoke in favor of postponing Ordinance 2000-08. MOTION TO POSTPONE PAS5ED: Unanimous without objection. ttD: http a/www,borough.kenai.ale.us/AssemblyClerk/Assembly/Meeting%20S umm... 7124/2003 .assembly meeting minutes Page ~ of 1 ~dinance 20pQ~$: Amending the Kenai River 1{abitat Protection Ordinance to Include Other Anadromous Streams within the Kenai Peninsula Borough (Scalzi, Brawn, Navarre) (Referred to Lands Committee) (Clerk's Nore: Motion to enact was on the Jloar fran the March 11, ?OOD meeting.] President Popp opened the public comment period. The following person spoke in favor of Ordinance 2000-08: Dale Bondurant, 31864 Moonshine Drive, Soldoma, Alaska The following people spoke in opposition to Ordinance 2000-08: 11i[te Tauriainen, PO Box 937, Soldotna, Alaska ,Ioha Kistler, 32605 K-Beach Road, Soldotna, Alaska There being no one else who wished to speak, President Popp dosed the public comment period. i~10T10N: Sprague moved to amend Ordinance 2060-08 as follows: Section 4. 21.18.025 Application. .~ 1.(c) Soidotna Creek, Stream No. 24430-1 061 0-203 9 [t. UNNAMED TRIBUTARY TO EAST MACKEY LAKE, STREAM N0.24430-10010-2039-3029 2. UNNAMED TRIBUTARY TO TREE LAKE, STREAM N0.24430-10010-2039-3040 3. UNNAMED TRIBUTARY TO SEVENA LAKE, STREAM N0.24430-10010-2039-3045 d. UNNAMED TRIBUTARY TO CISCA LAKE, STREAM N0.24430-100] 0-2039-3053) VOTE ON MOTION TO AMEND: Yes: Popp, Scalzi, Brown, Moss, Sprague, Navarre, Fischer, Merkes ~o: None Absent: O'Brien MOTION TO AMEND PASSED: 8 Yes, 0 No, l Absent VOTE ON MOTION TO ENACT AS AMENDED: Yes: Navarre, Fischer, Merkes, Sprague, Moss, Brown, Scalzi, Popp ti'o: None Absent: O'Brien ti10TION TO ENACT AS AMENDED PASSED: 8 Yes, 0 No, I Absent ~Ta/~l,1691 KENAI CITY COUNCIL MEETING MINUTES JANUARY 17, 1996 PAGE 23 with the actual cost of the project. The assessment for the parcels that can be subdivided in the future would remain the same. His concern were those large lots that cannot be subdivided due to an amount of the praperty being swamp area. Carroll Murphy - 270 Eisenhower. Murphy stated he owned the large piece of property which was assessed for $16,000. Williams noted the assessment had been adjusted to $11,000. Murphy asked if it was assessed going in X50 ft. Kornelis answered they used the 1.50 ft. amount as it was an original government lot and not subdivided. Murphy stated the assessed value of the lot was set at $139,000 and he did not understand how that valuation was assigned. Williams answered the Borough Assessor decides on the assessed value of the property. Kornelis added, the assessed value is based on the property, improvements and water/sewer. The city used the Borough's assessed value. Joe Fischer - 230 Eisenhower. Fischer asked what the basis of the formula was. Kornelis answered the initial assessment roll was based on the estimated cost for the project. The percentage was taken and the cost was divided between the praperty owners. Upon completion of the project, the cost was Iess. There was a savings to everybody, including the city and the property owners. The assessments are now based on the actual cost of the project. It is the same formula. Fisher stated it did not seem to be a goad formula for the larger lots. The benefit of the project is not in the larger lots. He requested council consider that. Williams noted the public hearing on the final assessment roll was scheduled for February 7 and a copy of the report included in the packet at this meeting would be available for property owners at city hall. $-g. Df.soussion - Kenai Peninsula Borough/Kenai River Protection Area Ordinance. Mayor Williams reported he requested the Borough's ordinance be placed on the agenda as he felt it needed council's attention prior to its public hearing. Williams noted memoranda included in the packet from the Building official and the City Engineer regarding problems they saw for the city in regard to the ordinance. Williams also noted the memorandum from the Finance Director at I-5 in regard to the amount of real and praperty taxes the fish processors bring to the city. Also, information i~ KENAI CITY COUNCIL MEETING MINUTES JANUARY 17, 1996 PAGE 24 from Salamatof Seafoods in regard to salaries, taxes, income, expenses, licenses and permits was included in the packet. Williams asked Attorney Graves for his comments on the ordinance. Williams noted he was concerned about language in the draft which was not thought to be in it when the work group was developing the ordinance. Williams noted his concern regarding variances (page 2 of the ordinance}. With the new language, upgrading, enlarging, etc. of the canneries, would be very difficult. Also, he understood that the areas below the bridge would not be a part of the ordinance. The new draft ordinance is not written like that. It now speaks to it as involving property all the way to the mouth of the river. There is also concern about the liability in regard to whether the city should accept the responsibility from the borough to administer the ordinance. The ordinance is not what was anticipated, not what was expected and not what the city said they would accept. Attorney Graves was a member of the working group who developed a new ordinance. However, Graves stated he believed the present draft of the ordinance varied significantly from the intent of the group's ordinance. The variations were in two areas: (1) the language about a variance requiring deprivation of all reasonable use of the property before it being granted. This was not the intent of what he understood would be requiring a variance. He did not know where the language came from. It was not what he supported and not what a lat of the members of the committee supported. (2) The section regarding prior-existing uses is now a lot stricter than what the committee intended. Graves added, during the committee meetings, he made no bones about the fact that part of his charge was to protect the economic viability of the canneries. The city wanted to do that and wanted to make sure the canneries could go ahead forever and expand to meet new business needs and opportunities. His understanding of the other members of the committee that this was their intention as well. They wanted the canneries to be able to operate as long as it was economically viable and recognized that the canneries would have to change and make modifications, etc. like other businesses, to keep up with current conditions. Graves added, he did not believe the restriction on prior-existing uses now meets the requirements of the committee. KENAI CITY COUNCIL MEETING MINUTES JANUARY 17, 1996 PAGE 25 Graves added, because of the restrictions, it approaches a taking in a lot greater extent than what he anticipated and it also increases the city's liability if the city enforces the ordinance. Graves stated he agreed with Mayor Williams in that the new ordinance is not what he thought would came from the committee. The new ordinance does not do what they wanted it to do, i.e. protecting the canneries, etc. Also, when the canneries agreed to be included in the ordinance, it was their understanding they would be protected in the ordinance. Graves stated his other major complaint was that the ordinance makes violation of its provisions a misdemeanor. This means that there is a jury trial, a public defender could be appointed which is a very cumbersome process for a $300 fine. Under Alaska law, if someone is charged with a misdemeanor, they get a jury. If the city would enforce the ordinance, the city would have to pay the court system for the jurors, a court-appointed lawyer (if needed), etc. Williams stated the violation portion also forces the city into a position of using public funds to prosecute the people. Councilman Smalley noted that at the Planning & Zoning commission meeting, Commissioner Bryson brought the ordinance to their attention because of his membership to the Borough Planning & Zoning Commission. His and City Engineer La Shot's concerns were similar, i.e. the definition of "all" the cut--bank, the prior- existing uses concerns, potential court actions, etc. Graves stated that it was important to note on the taking issue that if the Borough takes a piece of recreational property, they maY PaY $50,000. If the city takes a cannery, the city would pay several million, plus potentially lost profits. The city's liability is much greater than the Borough's liability. Williams asked if the Borough passed the ordinance in its present farm and they became the sole responsible party for enforcing the ordinance and the city stayed clear out of it, would it put all the liabilities of takings onto the Borough. Graves stated it would. Measles agreed and noted that the only places where the Borough backed off in the ordinance was the size. He understood that there would be a push from assembly members to put the size of the area back to what it was before, including all the flood plains. If the Borough passes the ordinance, Measles stated he believed the city would be back to where it was last year and KENAT CITY COUNCIL MEETING MINUTES JANUARY 17, 1996 PAGE 25 should not accept the responsibility of the ordinance. Additionally, if the ordinance passed, tie city should hold true to its original discussion of going to court to find if the Borough has authority to impose the ordinance on the city of Kenai. Also, the city should withdraw that portion of the river inside the city limits from the ordinance. Measles added, he dial not think the city would ever come to an agreement with the Borough on the ordinance. Williams stated the ordinance comes to public hearing on March 6. Williams suggested city representation should be at the public hearing. Smalley noted the city did have representation on the Assembly. Smalley suggested the city might convey their concerns with the ordinance to them and invite them to a council meeting to discuss the matter with them. Measles stated they had not listened to council before. Smalley suggested a letter be sent to the Borough and requested Attorney Graves attend the meeting on January 22. Attorney Graves stated he would attend the meeting. Smalley stated he believed Commissioner Bryson would be attending as well and would voice the same concerns. Council agreed. r Mayor Williams referred to information included in the packet of H-9, the proposed change to the Kenai River Sockeye Salmon Management Plan which has been suggested by the Matanuska-Susitna Borough. Williams noted the proposal included placement of an emergency weir in the Kenai River and 24 hours-a-day, seven-days- a-week openings for personal use dipnetting, from July 1 to August 15 or sooner. They also want the dipnetting to go from the mouth of the river to below Cunningham Park. The proposal also suggests increasing the run into the Kenai River from 700,000 to 1.I million fish in order to make sure there is a major escapement into the River for the dipnet fishing. Williams stated he, as well as Mayor Gilman, were extremely upset that the proposal to raise the salmon run into the River was submitted by the Mat-SU Borough. The proposal also stated those most likely to benefit would be "all south-central sport and personal use fisherman, some southcentral district commercial salmon fisheries and smaller increases in the allacatian for the Kenai River would not provide enough fish in the river for needed levels of escapement and recreational and personal use fishing, nor offer adequate protection for small stocks mixed in with the Kenai sockeye, but needed far the Susitna drainage." KENAI CITY CDUNCIL MEETING MINUTES MARCH 20, I996 PAGE 2 I ~ B = eCHEDIIL D PUBLIC COI~iENT B"i• Asaembiymembara Betty Glick and Tim Navarre - Kenai River Protection Ordinance Update. Assemblywoman Glick gave an update of the work the Assembly and River Working Group has done in regard to the Kenai River Protection ordinance. Glick stated, compared to Iasi year's overlay ordinance process, the new ordinance process had been more positive and the group had come to a consensus in regard to matters of the ordinance. This time, only one draft of the ordinance was discussed at a time. This year, the Borough Attorney and Planning Director worked on the ordinance, along with the working group and Assembly. Last year, they had not been consulted until the end of the process. Last year's overlay ordinance (which was not passed) was all- encompassing of the river and included the cities from the beginning. This was a problem for the City of Kenai. This time, the cities will have the option to opt out of the ordinance by not adopting it. The City has stated its concern in regard to prior uses, misdemeanors and variances in the ordinance and the Assembly and working group tried to address those .issues, Last year's draft didn't address the flood plain issue. It was an the books, but administration had not updated it. Since Last fall's flood, they have worked with FEMA in updating it which was added to the river ordinance. An acceptable determination has not been made in regard to the prior existing uses. Glick reported she asked Attorney Graves for help in developing an amendment, which he has done. Some concerns voiced were why tha canneries should receive special treatment. Councilman Bannock asked what the logic was in excluding the lower five miles of the river in Kenai and why not exclude alI of the raver inside the city of Kenai. It would make the division easier. Glick stated that was included in last year's ordinance. Since then, Fish & Game have done an assessment in regard to fry in the lower portion of the river. She wants to grandfather the canneries in. KENA2 c2TY coUNCIL MEETING MINUTES MARCH 20, 1996 PAGE 3 Bannock stated he believed the processors should be out of the ordinance, but would be more comfortable beginning the exemption at the city limit line to the mouth. This would not be showing favoritism to the canneries. ~- Assemblyman Navarre reported the Planning Commission would be holding a work session on March 25 and the Assembly would be holding a special meeting on March 27. He hoped to have an updated ordinance forwarded to Clerk Freas to include in the council's April. 3 packet for review. He also hoped council would take a position on the ordinance, offering changes if necessary. There would still be time for him to offer .•~uher amendment before the ordinance has its final review and action by ~h~ Assembly. Mayor Williams requested the Kenai River Ordinance be placed on the April 3 meeting agenda. Councilman Moore asked if Glick or Navarre would support the city's concerns. Navarre answered he thought the city's support of the ordinance was its strength. He hoped concerns of the city could be offered as amendments and compromises could be made. The purpose of the ordinance is to create a watershed and protect the river. Glick added she believed the ordinance would be killed if the city was not included. She emphasized they were only talking about the lower end of the river. in the end, it would be up to the city to adopt the Borough's ordinance or not. Glick also reported the Assembly unanimously passed a resolution in support of Kenai's efforts to place a Challenger Center in Kenai. ITEM C: PUBLIC HEARINQB C-1. Ordinance No. 1678-96 -- Increasing Estimated Revenues and Appropriations by $21,000 in the General Fund for the Purchase of Playground and Basketball Court Equipment. MOTIONS Councilman Bookey MOVED for adoption of Ordinance No. 1678-96 and Councilman Bannock SECONDED the motion. KENAI CITY COUNCIL MEETING MINUTES APRIL 3, 1996 PAGE I5 g-6• Ordinance No. 1687-96 - Amending the Kenai Municipal Cade by Adding section 13.30.'-095 to Prohibit parking on Kenai Avenue. Introduced by consent agenda. g-7• Ordinance No. 16Sg-96 and Appropriations by Capital Project Fund CIIAP. Introduced by consent agenda. - Increasing Estimated Revenues $70,000 in the Soils CTIAP for Clean-Up of Lots 13 and 14, $-a• Discussion - Kenai River Protection Ordinance. Assemblymember Setty Glick - Glick reported on the Borough Assembly~s actions taken the night before on their Kenai River Protection Ordinance. Glick stated she gave the mast recent copy of the ordinance to Attorney Graves for his review. The ordinance included a change recommended by the Acting Borough Attorney Bill Walker. Mr, Walker was hired due to his knowledge of the takings issue, etc. Glick reported the proposed amendments proposed at their 3/16/96 meeting and a special work session was held on 3/27/96. The proposed amendments were attached to the memorandum -- some of which were withdrawn, some voted down, etc. Through the process, there have been more positive comments than there were last year with the overlay ordinance. Comments last night suggested the setback should be 100 ft. and should include the watershed and tributaries, Others thought the ordinance would have no effect and should be scrapped. Comments from the Parks Division, Fish & Game, and Division of Forestry were they would like to see a mare stringent ordinance, but were supportive of getting an ordinance on the books and also committed to working with the Borough in enforcing the ordinances criteria when adopted. Comments from the majority of the people giving testimony in regard to the tributaries, setback and watershed issue were that the deletion of the area from the Warren Aames Bridge to the mouth and the Cooper Landing area should be put back into the ordinance, making the ordinance applicable to the entire water column from Kenai Lake to the mouth. An amendment to this regard will be brought tv the table at their next meeting (April 16}. llll KENAI CITY COUNCIL MEETING MINUTES APRIL 3, 1996 PAGE 16 Attorney Graves' amendment for Section 21.18.090 (prior existing structures} was discussed. Assemblywoman Merkes did not like Graves' suggested language that stated "prior existing structures which were lawful and in use." She proposed to take out "lawful" and put in "were in use or had a substantial start." Along discussion followed regarding the word "lawful" and "in use" and what would constitute a "substantial start." Action was to remove "lawful" and "were in use" was added. The reference to "had a substantial start" did not pass. However, the Borough Attorney submitted suggested language which they felt would protest them better from lawsuits and was adopted. The language Graves prepared and was considered at their meeting Last night, was unanimously adopted. Graves also prepared an amendment to 21.18.060, activities with the habitat protection area. That amendment was also unanimously adopted. Including the tributaries was defeated. An amendment was proposed to 21.18.035 to create a watershed (600 horizontal feet back). There was an amendment to increase the watershed area, but was defeated. The 600 was approved. The wording to protect the canneries was considered as opposed to deleting a portion of the river. The conditional use permitting is included and does address the concerns of the canneries. Councilman Measles asked what is a structure as defined in a prior existing structure, 21.18.090. Glick answered, any kind of a structure, i.e. a house, garage, a shed, cannery. Any kind of a structure there now would be grandfathered in by the ordinance. Attorney Graves stated if there is no def initian, the court would go to the dictionary definition of structure. Structure is a broad definition. He believes, in the ordinance, it was meant to be broad to grandfather a lot in. Measles noted the ordinance creates a "Kenai Watershed District." The district is created, but it is not mentioned anywhere else in the ordinance. Measles asked what creating a district would do? Glick answered, the explanation was to draw an arbitrary line to encompass the watershed area. She was not in favor of this as watershed starts at the headwaters of the Kenai River. Measles stated his concern at creating a watershed district or defining a flood plain would make it easy in the future to expand KENAI CITY COUNCIL MEETING MINUTES APRIL 3, 1996 PAGE 1~ alI the regulations in the ordinance to cover those districts. It probably could be done without a lot of public awareness. Measles referred to Section 2I.18.040(b) which would remove part of the lower and upper river where it states "shall be excluded from and shall not be considered a part of the habitat protection area but shall be subject to all other provisions of this chapter" and asked what it meant. Glick stated she understood it as excluding in regard to the 50' setback. She believes if it is excluding the area, it is excluding the area. Mr. Drathman's recommendation was to exclude the 50' habitat protection area because there are essentially no banks in the lower-part of the river as there are in the upper river. ~ Attorney Graves stated he read it to mean the 50' setback wouldn't apply but the other regulations of what can and cannot be done in a flood plain will apply. Glick stated she agreed. Councilman Smalley referred to areas of exclusion for same of the habitat protection below the Warren Aames Bridge, the land lying between the outlet of Kenai Lake downstream and Cooper Creek, etc. In the definitions, Kenai River is defined as "the stem of water from Kenai Lake to the mouth, excluding Skilak Lake." Smalley asked if that was another exclusion. Glick answered yes. She added, there had been a proposed amendment in regard to the 1 Skilak Lake exclusion at their 3/27/96 meeting but did not come up for further discussion last night. Smalley asked why it was proposed to be excluded because Skilak Lake is a ballooning of the Kenai River. Glick answered that was a question raised by a number of the assembly, however it was not discussed at the meeting last night. f Smalley referred to 21.18.110, Penalty violations and asked who 1 would be responsible for litigation expenses if the city chooses 1 not to adopt the Borough's ordinance. Glick answered she believed it would be the Borough's responsibility as it is their ' ordinance and they would be enfercing the ordinance. i Smalley referred to 21.18.010 and noted at the bottom of the paragraph, "it is the intent of the ordinance to avoid duplicating regulations af...municipal agencies...and to minimize conflicts between the regulations and the ordinance." Smalley stated he continued to see the city in conflict on this issue. Also, the one area of the River really needing protection was the dunes and the ordinance did not speak to the dunes area. Smalley added, he perceived this area, as well as any part of the river inside the city of Kenai, as the city's responsibility. KENAI CITY COUNCIL MEETING MINUTES APRIL 3, 1996 PAGE 18 Smalley also asked, if areas were to be excluded, i.e. Skilak Lake, Warren flames Bridge to the mouth, why couldn't the area from Mile 12 to the mouth be excluded. Also, different sets of regulations, create different standards by which people who live in the different areas are impacted. Glick agreed and added, the areas proposed for exclusion also included Kenai Keyes, Castaway Cove, and Poachers Cove Subdivisions. Justification to exclude them was that they were substandard lots the Borough approved and should be excluded because they could not comply. However, the motion to exclude them was defeated. Smalley stated to support his comment, if a community or municipality was set up with a definite set of standards, which it enforces for development, then that entity should be allowed to enforce its ordinances and should not be stepped upon by an outside entity. If a municipality doesn't have similar ordinances or wants the Borough to apply its ordinance to their area, then that would be acceptable. But if a municipality has an ordinance already enforced, it should be allowed to use that ordinance. Glick reported the City of Soldotna has an ordinance on the books which is more stringent than the Borough's proposed ordinance. Soldotna is loosening some of their rules and regulations. Glick also recalled, the last time she came before the council, Councilman Bannock suggested the City of Kenai property from 12z miles from the mouth should be excluded from the Borough ordinance. Because there is city land on one side of the river (within those 12~ miles) and Borough land on the other, it presents a problem for enforcement and possible discrimination. Smalley suggested the ordinance only speak to the Borough lands within that area. Glick stated that could be a possibility, however no amendment to that effect had been presented. Glick reported the ordinance would be back before the Assembly on April 16 and there were additional amendments forthcoming, as well as the ordinance being open for amendments up to the time the ordinance is adopted. Williams stated a problem could arise if the Borough would try to enforce police or civil power in regard to their ordinance, over the city's building code if the City issued a building permit to a person and the Borough did not ar visa versa. The Borough ordinance does not speak to the city's permitting authority. KENAI CITY COUNCIL MEETING MINUTES APRIL 3, 1996 PAGE 19 Discussion continued in regard to the effect of the Parks Department, Fish & Game, etc. and their enforcement and protection of the river. The Parks Department was asked if they would enter into a Memorandum of Agreement in regard to protecting the river and they said they would work on it. Mayor Williams noted the council would continue to monitor the situation. H-9. Discussion - Procedures for Management of Dipnet • Fishers at Beach/River Mouth. Mayor Williams explained he requested Attorney Graves to research if the city had the legal right to interfere with the dipnetting which has been approved by the Hoard of Fish. He was told, the city can do some things t^ prevent damage to city lands, but the Public Trust Doctrine has to be considered, allowing public access to the beach. The city can control where access is made to the beach. Steve Perrizv - Explained that he lives in the last home within the city limits on the south side of the River. He has experienced a lot of trouble with trash, damage to his yard, his home, trash, etc. and tearing down of the dunes. He suggested discontinuing allowing motorized vehicles on the beach on the south side. Williams noted Attorney Graves had developed a no parking ordinance on Kenai Avenue, which was introduced at the beginning of the meeting. There are other things the city can do to control access to the beach, however enforcing the rules is a problem. Bookey stated he agreed with Williams and understood Perrizo's concerns because more control on this side of the river will push more people to the south side. Whatever is done, all areas of the river need enforcement. He hoped the city would be ready to handle the problem. Councilman Moore stated he believed the private properties, etc. is to restrict vehicles on the dunes and beach. There if the road along the dunes is shut. I: the sewer plant}, there will need to be Moore suggested a 24-hour maximum. way to protect the beach, the use of motorized will be a parking problem ~ parking is allowed (by a limit of how long. KENAI CITY COUNCIL MEETING MiNUTEB APRIL 3, 1996 PAGE 2 Q cSmalley suggested, to help eliminate problems and enforc the `Fode, a police officer will need to be stationed in th area. e city needs to respond to the protection of the ar , i eluding prohibiting driving on the beach. Boo ey noted there would also be a financial prob em. The boat ramp es were set at $5.00. The boat dock wil be inundated with c~rbage and bathroom use. It will be cos~'iy to regulate. Bookey`ruggested instituting a transportation/service concession. Moore aced, if the city didn't do something drastic, it will loose ere ibility. ~ Councilman nnock stated he was not ready to eliminate vehicle use on the so th side of the river as ~zere is access to the beach without sing the road by the P~rizo home. Cetacea (a Borough street) ould be encourage ~~o be used instead. It would be too far for p ple to walk. It was suggested th right-of-wa (by Perrizo) be vacated in order to block publi access to the beach at that area. Williams noted it has to be vac ted by he Borough and they have objected to it in the past. Bannock ggested vacation be requested again because of the upcoming o ems. Bannock also suggested th~ ~orough be requested to put a sign up at Cetacea which would erxcour~age the public to use that access to the beach. Perrizo suggested niy allowing foot traffic by his home, however that w ~Yd not r ove parking problems. Councilwoman Swarner suggested la ge signs be placed at the Perrizo property in orming the pub 'c the right-of-way was open only to foot traff c and request per,~nission from the Borough to place a sign at Cetacea. \ Kornelis reportkd the Harbor Commission iscussed concerns at their last me ing and will be addressin them again at their upcoming mee ng. At their last meeting, the Commission discussed p acing concrete pilings and large,, logs along Kenai Avenue to event people from driving off the road and onto the dunes. T ere could be an area to drive dawn nai Avenue, drop off equi ment and people, and then drive back a park along Spruce treet. The Commission also requested si s be placed at the do k to instruct pleasure boats to wave when f'shing boats are n eding to unload. \ Smalley noted enforcement of rules would be costly bot~i financially and personnel--wise. Smalley suggested requ sting KENAI CITY COUNCIL MEETING YiINUTES JUNE 7, 2000 PAGE 11 Parks Director Frates was requested to investigate replacing of pole cups at the cemetery. ITEM J: DISCUSSION ^ J-1. Cit3zeas -- None J-2. Couacii Bookey -- No comments. Smarner -- Questioned when the work on the steps at the airport terminal would begin. It was reported the purchase order had been processed and the contractor was scheduled to begin work within the week. Moore -- Na comments. Porter -- Requested the street department to remove the sand/dirt that had accumulated around the circle planters along Frontage Road. Porter also asked if the ordinance regarding junk cars was enforced and how many cars had the city removed in the last two years. Attorney Graves explained the ordinance was complaint driven and that there was no one to patrol for that purpose alone. He noted, the amount of prosecutions had increased, but would have to check the records for an exact amount. Graves added, complaints are addressed to the Planning & Zoning Department. Baaaock -- Reynolds' Property/Appeai -- Bannock if Mr. Reynolds had agreed with the purchase of the portion of the adjacent property (discussed at Item 1-2) and Ross explained it was Reynolds' suggestion. ~~ Borough Ordinance/Kenai Rlver Tributaries -- Bannock asked if Administration had ianvestigated how the new Borough ordinance would affect the City of Kenai. Graves explained Title 29 gives planning and zoning authority to the Boroughs and they (the boroughs] have authority to delegate the authority to cities. He noted, the city was delegated the planning and zoning authority, but this ordinance would give a portion of that authority back to the Borough. Graves stated, the remedy would be to request an amendment to Title 29. He noted, if the city argued the matter, he believed a court would hold the Borough has the authority. Additionally, enforcement is not left to the municipalities, however they could opt in and assume enforcement reflecting the direction of the Borough's ordinance. He noted, the city did not take the authority. Bookey agreed with Bannock in regard to the ordinance and the effect it would have on the city. He added, he believed the city should have 100% control within its boundaries and suggested council may want to try to amend Title 29. He also noted his concern that the borough was expanding on the River ordinance and was including areas that had nothing to do with the River. Williams stated he believed the city could get legislation introduced, however support would have to be shown from other boroughs and home-rule cities to get it passed. • Kenai Cemetery Sign -- Bannock stated he liked the new cemetery sign. Frazer -- No comments. 1 11.1 17.1D.285 Kenai RlverOverla District KROD . A. Intent. The Kenat River Overlay Distrrcr tKROC`. is in[ended to provtae opp+7runines fa- the development and use of land and enhancement of rrpartan habitat within all the zoning arstncts located along the Kenai River while establishing special overlay requirements to control erosion, ground or surface water contamination, or adverse alteration of riparian habitat. .R. S ecial Definltlons. For the purposes of the KROD, the following spedai deCnitions apply and shad be controlling over any other definitions rn this zoning code. 1) "Development" as defined in Section 17. t ~.130, Definitions, with the addition of the following: a) Construction of dwelling units, boardwalks, decks, docks, 4r any other structure; b) Removal of live vegetation; c) Surface or subsurface extraction of natural resources; d} trifling ar excavation of lands. 2} "Baardwattcs" means elevated walkways utilizing wooden planks as a 5uriace 3} "Cut bank`' means the banks of the Kenai River or other banks with a surface wr~ere the toe of the slope extends to the ordinary high water marts and which has a shoe of greater than +45 degrees (~ to 1). a) "Erasion" means sloughing, washout. or discharge of soil. 5) "Gratewalks" means elevated light penetrating (l;LP} walkways u#ilizing some variety of open grate material as a surface. 6) "Ordinary high water (OHllh~ mark" means the mark along the bank or shore of the Kenai River up to which the presence and action of the non-tidal water are so common and usual. and so tong continued in all ordinary years, as to leave a natural tine impressed on the bank ar shore and indicated by erasion, shelving, changes in soil 7 " Riparian habitat" means areas adjoining and adjacent to the aver which are naturally (biologically) suitable for the spawning artd rearing of all fish; may be adjacent areas of vegetation which provide cover and stability to the spawning and reanng areas as weN as contributing to water quality. C. KRQD Estalollshed. 1} Thls KRQD is established to include all lands within 1Q0 feet from the ONW mark or 25 feet back from the top of a cut bank, whichever is greater. Measurements snail be mace horizontally, 2} No land shalt be developed or used within the KRQD boundaries except m accordance with the special KROD requirements in this Section. 3) The underlying zoning district provisions are neither abandoned nor repealed, but are augmented by the KRQD requirements. 4) Should a conFlict between the provisions of this section and any other Section of this zoning code or law occur, the mast restrictive provisions shall control. D. 51te Alan. l{the applicant is applying for a KRQD Administrative Permit or for approval of a conditional use, a site plan which includes all information reQUired in Section 17.10.4'15, Site Ptan Review, shall be submitted with the app[ica[ron. In aadition, the following information snarl be included on the site plan: City of Sotdotna a1 Ordinance 692 ~~ Administrative Permit 5n811 be or3nce0 ;r the foigwina conditions ono ail 0#her :CROD repuirernents are mat: 1) The proposed land development or use involves one or more of the following• a) Excavation of not more than 5 cubic yards; b} Removal of existing structures; c) Attached structural improvements or additions to existing conforming structures will ba allowea one time only, not to exceed 25 percent of the structural footprint, to ensure that incremenkal improvements do not occur in the overall development; d) Reinforcements, repair, and maintenance of existing structures; and e) Habitat protection projects as allowed under Section H, below. 2) No live vegetation removal is allowed except to accomplish work described in G.1, above. 3} There rs no significant erosion, ground ar surface water contamination, or adverse aiterat~on of the riparian habit. H. KROt7 Administrative PArmit - Ffabitat Protection Pro acts. if all standards listed below and other requirements of the KROD are met, eligible Habitat Protection Projects shall be granted a KROD Administrative Permit' 1 } General Standards a) Structures shall be constructed of woad, plastic, tiberglass, aluminum, sleet or other non-toxic material. If the wood is treated it must be certified as non-toxic to plants and animals by an independent laboratory or other appropriate agency. b) All disturbed areas or exposed earthwork caused by the project steal! be stabilized and re-vegetated with woody and/or herbaceous plant species. All revegetation shall take place between May 15th and September 1st. if revegetation during this period is unfeasible, it shall occur the following season. c) Walkways installed under this subsection shall have no less than 20 percent light penetration. 2) ~ ible Pra'ects a) Construction, installation, repair and maintenance of ladders. steps, cantilevered walkways, platforms, docks; bank restoration and protection projects; and maintenance dredging activities which are regulated and permitted by the Kenai River Center, Kenai Peninsula Borough; State Parks Division. Alaska Department of Natural Resources; Alaska Department of Fish and Game; 11.S. Army Corps aF Engineers; and other applicable agencies. b} Walkways, stairs, steps and ladders with a minimum of 50 percent light penetration and elevated to at least the height of the supporting framing with no part of the supporting structure other than supporting piles or pasts in direct contact with the ground. c) Walkways, stairs. steps, and ladders with less than 54 percent light penetration and having an average elevation of no less than 18 inches above the ground measured to the bottom of the decking. I. Conditional Use A rove!. If a proposed land development or use is not exempt or has not beers granted a KROD Administrative Permit. procedures far conditional use approval shall be faHowed and a honing Permit must be granted. An application, along with a site plan, shoo be submitted and approval may be granted subject to the procedures and standards found in Section 17,10.400, Conditional Uses, Section 17.10.420, Zoning Permit, and the following: 1) KR~D Conditions- !n addition to the general standards required for conditional use approval, the Commission shall make a cample#e written statement of evidence and findings and require the applicant to meet any conditions imposed to mitigate the potential far significant erasion, ground or surface grater contamination, or adverse alteration of the riparian habitat. City of Soldotna a3 ordinance 692 ~) The location of ail existing ana proposed s#ruc;urea. na;urar resource extraction pits, toxic c' hazaraous material storage areas. septic systems, wens, feet tanks, and excavations ancror fill areas which are located both onsite and within 50 feat of the subject property; 2} 'The location of the 100 year flood hazard area (same as f00 year flood plain) as shown on Kenai Peninsula Borough Geographic information System (G15} maps: 3) The location of any cut banks which are located within the KROD boundaries' 4) A description of any material or substance to be used an the property which may be harmful to fish and wildlife or habitat; 5) A description and drawing of any habitat improvements, erosion control, or slope stabilization measures to be taken; 6} A listing of aft federal, state, and bcal permits which may be required in connection with the proposed development; ~) The location of the OHW mark; and 8} The lacatiCn of the KROD boundaries. E. Pracedctres Summa Depending on the proposed land development or use, one of the fottowmg procedures applies: 1) No a lication re aired- if the proposed land development or use meets all applicable conditions to be exempt from further review, no application as required. (see Subsection F below) 2) KR~D Administrative Permit allowed na hearin If not exempt. tht proposed land development or use may qualify far a KROD Administrative Permit. An applicant for a KROD Administrative Permit shalt submit an application with a sr#e plan for review and action by the Administrative Officer. {see Subsections G and H belowl. 3) Conditional use as rovaf re wired heartn • IF not exempt aria alt requ,rements for a KROD Administrative Permit cannot be met, the applicant shah follow the procedures in Section 17.10.40x, Conditional uses, and Section 17.10.420. Zoning Permit. (See Subsection I. below.) F. No A tication Re ulred The following land development and uses are exemp# from KROD requirements and no application is required: ~) Minor vegetation management, including the trimming, pruning, removal of dead or hazardous trees or shrubs, ar ordinary care of gardens or lawns: 2} Private non-commercial recreational land uses that ao not ,nvolve construction. excavation, removal of live vegetation or fill of land; and, 3) Any land development or use listed within 21,18.070i'8), "!Cenci Rlver Habitat Protection." Kenai Peninsula Borough Code of Ordinances, ana located within the KROO boundaries. provided the applicant has received appropriate permits from ,he Kenai River Center, Kena, Peninsula Borough; State !'arks Division, Alaska Department of Natural Resources: Alaska Department of Fish and Game; U.S. Army Corps of Engineers; or any other applicable agency. G. KROD Administrative Permit - 1=xcavation Removal. Additions and Re airs, if a proposed development or use of land is not exempt from KROD requirements. the applicant Tray apply far a KROD Admrn~strative Permit (no hearing requires) by suem~tting an application with a s,te plan. A geotechnicai engineering investigation on the site may also be reouired. A KROJ~ City of Sotdotna 42 Ordinance 692 2y Notice- in addiiion to the notices requireti 'n Section ~~ •x.425. Public Heannos t'~e Administrative Officer snal! send a copy of the Zonrng Pern:rt aapiication packet to the Kenar River Center and the Alaska Department of Emrrronmenta! Conservation for review comments, (Ord. 692 § ~ , ~ 999) City of Sotdotna a4 Ord;nance 692 ~7.1~ ~~ C017LIItlOn3t U58S. A. lnt@nt. The intenC Of thl5 5@Cilpn IS t4 al1oW 5peoral USe5 and aSSOClated StrucIUres WhtC't may p@ compatrble with ptincipa! permitted uses in speciic zoning districts, through the approval at a conditional use. if certain standards and conditions arc met. B. S eclat Definition "Conditional use" means a use or associated structure which, awing to some special characteristics attendant to its operation ar installation, is permitted in a district subject to ~speciat standards and conaitians rn addition to the usual requirements for the distract rn which thr' conditional use may be located. C, When Re wired Approval of a conditional use and the issuance of a Zoning Permrt shoo be requrred for any of the tottowrng~ ~) Conditional use listeb within any of the zorttng districts: 2) Planned unit developments; 3) Any specific use requiring such approval within the Kenai River Overlay 1Jistrict; 4) lJnlisted uses; or 5) Natural resource exlractian. D A licatiar~ Procedure. A site plan and an application for a Zoning Permrt shalt tae prepared and submitted for approval as required in Section t7.1Q.415, Site Plan Review. and Sectron ~ 7.10.x20, Zoning•fermrt. rat Standards. Ail of the following standards shall be met before a conditional use approval may be granted: 1) The use and the development scheme for the use is in harmony with the intent of the zoning distract in which it is to be located and with arty specific standards associated with that canditianat use within the district; 2} The use is in harmony with the general standards at this zoning code, the Comprehensive Plan, and surrounding land uses; 3) The use shalt be sa rotated and arranged on the site to avoid significant Horse, glare. odor or other nuisances and dangers ~) The development of the use shall not significantly impair the value of the adjoining property; 5) The size and state of the use is such that it shall be adequately served by existing public services and facilities; and &) Granting of the conditional use shall not be harmful to the public safety, health, or welfare. (Ord. 892 § 1. i 998) City of 5oldotna fi4 Drdinance 692 17.'f t).415 Site Flan Rev+ew. A. Intent. The intent of this section is to establlst^ stanoara5 and procedures far the preparation ana submission of a site plan as required by the various sections of this zoning code B. When RegtJirad. Approval of a site plan and the issuance of a Zoning Permit shall be required for any use or structure for which the submission of a site plan is requires by this zoning cove. except where the Administrative Officer has waived the requ,rement according to the procedures founp in Section. 17.10.420, Zoning Permit, C, Appllicatinn ProcedtJre. An application for review and approval of a site plan shall be preaarec and submitted for approval according to the procedures found in Section 17,10,4x0, Zoning Permit. D. Site Ptan Re ulrements. The site plan shah contain the following information, except where waived by the Administrative Officer: 1 } General Plan Informati n a. Legal descnptian of the land included in the site plan; b. Name, address, and telephone number of the owner, developer, and designer; c. It the applicant is not the property owner, written permission from the property owner; d. A scale of not less than 50 feet to the inch if the property is less than 3 acres in size and 100 feet to the inch if the prapetty is 3 acres or mare; e. Date, North paint, and scale; f. Dimensions of all lot and property lines, showing the relationship of the subject property to the abutting properties; g. Location of all existing and proposed structures on the subject property and all existing structures within 100 feat of the subject property; h. Location and dimensions of all exiting and proposed drives and other curb cuts, parking areas, snow storage areas, streets, alleys, Sidewalks, walls. fences, and required landscaping if not otherwise required; Type, size and location of all existing and orapased public and private utilities: and Plan for drainage pf surface water runoff. 2) Off- Street AarkinQ and Loading Plan. Where parking and loading are required by Section 17.10.330, Off Street Parking and loading, a parxmg and loading plan shat! be submitted as an element of the site plan and contain the following additional information: a. Dellneatians, dimensions, and angles of all spaces, including regular, accessible, loading, and recreational vehicle spaces. b, Traffc flow, location of ingress and egress, location of directranal signs. and adherence to traffic visibility standards; c. Existing and planned surfacing materials: d. Type and location of lighting; and e. Any additional information as may be required by the Administrative Officer to determine if standards and conditions have Dean met. 3} Landscaping Plan- Where landscaping is required by Section 17.10.335. Landscaping. a landscaping plan shall be submitted as an element of the site plan and shall contain the following additional information: a. 1"ype of landscaping (interior, buffer. right-of-way, or screening); b. Common and scientific name of each plant to be used: c. Number, height, and caliper of trees to be used: d. Number of ground cover plants per unit of measure to be used, e. Location where different plant types will be used; f. Location, size, and type of tf@eS t0 t?e Dr~s2rvea in thEsir natural State g. Planting serails: and City of 5oldotna 68 Ordinance fi92 h. Any apdrt~~rai information as may be reau+red by the Administrative Officer r_ determine +f standards and conditions nave Dean met. 4) Natural Resource tract trop- Where a site plan is required for approval of a zornng permit far natural resource extraction, according to Section 17.1t7.3a0, Natural Resource !_xtractian, the site plan shall contain the following additional information: a. An extraction plan drawn to the scale and information required for the site plan, including existing topography with not greater than 5-foot contour intervals, existing natural features including cleared areas, wooded areas, streams, lakes, wetlands. ertc., location and nature of all operations, including excavation area, buildings, and access that are t*, be used during the extFa~tion phase and location and details of all landscaping, fencing and other requirements~s provided in th15 zoning code; b. A restoration plan, drawn to the same scale as the extraction plan. and showing finished topography wi#h oat greater than 5-foot contour intervals. finished landscape features and future use of the land including the location of houses, parks, roads. Ickes, etc.; and c. As an attachment to the plan. a narrative statement containing the est+mated amount of material to be removed from the site, estimated length of time to complete the operation, method of drainage, proposed hours of operation, method of it?ncrng cr barr+cading the site to~prevent Casual access. description of the operations ar processing wnrch w+11 take place on the site during and after the time the materal is extracted. method of backfiRrng and/or replacing topsoil and plan or program of regrading or reshaping the land far future use. ft the conditiona! use is approved, the representations made rn the narrative statement become binding conditions governing the use. {Ofd. 692 § 1, 1999} City of Soldotna 59 Crd+nance 692 17,~f0.420 Zoning Permit. A. Intent, The intent of this section ~s to require apptit;ants for the follawina uses to recewe a Zoning Permit before they proceed with their projects: t) Any uses or structures for which the submission of an orf-slreat parking ar,cf lodd~ng plan or a landscaping pion is required as an element of a site pion: 2} Temporary Uses; 3} Conditional Uses, including all conditional uses cited within the zanmg districts and conditional use approvals required for planned unit develoomenrs, the Kenai River Overlay District, unlisted uses, and natural resource exiractions~ and 4) Variances. B, Procedures, The following procedures shall be followed far submiss~an, revFew, and approval of a Zoning permit application: 't) Pre-Application Meetirrq• Before submitting an application for a Zoning Permtt, the applicant shalt meet with the Administrative Officer in a pre-app~~catron meeting and provide such information as is necessary to explain the proposed project. At the pre-application meeting the Administrative Omcer shall: a. Review the appkicant's proposal; b. ' inform the applicant regarding the requirements of this code whtch apply to the proposal, Including what additional information will be required with the application or may be waived. The addition or waiver of informatlon does not preclude the Commission from requesting additional information artdlor waiving information a# a future time in the revievs+ process: and c. Provide preliminary advice to the applicant regarding the conforrniry of the proposal to the requirements of thts zoning code. 2) Pro-AnDtication Mee>iinq Waiver- The pre-application meeting may be waived where the Administrative Officer d+atermines that the pre-application meeting would not rnaterietiy aid the expeditious processing of the application. 3} A licatkon- "he applicant for a Zoning Permit shall prepare and submit an application, along with the appropriate fees, on forms obtained through the Administrative Officer. The application shall include a site p,an that cantarns ail the information ~reau~red m Section 17. ~O.a15, Site Pian Review. and the following a. A precise description, presentation of facts. and explanation of circumstances of the applicant's request, and in the case of a variance, the specific section and subsection of this zoning code !ram which the applicant is seeKing relief; b. A dGSCnption of how the applicant will comply with the required standards, any requested waivers or modifications from required standards for an off- street parking and loading plan or landscaping plan. and any special conditions the applicant is v~illing to accept to mitigate any negative effects to the public health safety and welfare; c. Any additional information as may be required by the Administrative Officer to determine if standards and conditions have been met: and d. Certifcation by the Borough Finance Department m a Tax Compliance Certificate that the applicant is current in the payment of any sales tax to the City or irorough. 4) Administrative fZeview and Action- Where the application is for approval of an off-street parking and loading plan, landscaping plan, or temporary use, the Administrative Officer may take one of the following actions: a. Approve the application upon finding that it meets al! of the applicable general and specific standards assoc,ated with the a~gplscation: City of Soldotna 70 Ordinance 692 c• p.gorove the apphcation,f,t is to an off-street Dancing and Loading plan a• a ~anascaarng plan that requests a waiver or moaificatron from the apo~~caa~e specifrc standards, a`ter ~~neing that such waFVer or modi`icar~on substantially complies witn the obiectrves of the specific standards being addressed and complies w,th the intent and general standards of the applicable Sections of the zoning code: or c. Refer the applicatron to the Commrssron although the application ~s otherwise eligible for administrative review but has beets determrned by the Administrative Officer to involve unique circumstances. 5} Commission Review and A roval- The Commission shall review and may approve the following: a. An application which is otherwise eligible for administrative review but has been referred to the Commrssron according to the procedures in subsectron 4. C, above; and b. An application for a conditional use or a variance, in which case a publit hearing shall be held in accordance with Section 17.1 t).425, Public Hearings. C A royal ~f Modifications after Zonin Permit Granted. Any modification from the terms and conditions of the Zoning Permit approval shaft requ,rs approval from ether the Administrative Officer or the Commission, whichever gave initial approval, prior to the modification being undertaken. far each and every violation of the provisions of this section, the owner, agent, or contractor of a building or premises where such violations have been committed or sha!! exist, ar any other person who maintains any budding or prem,58s in which any violation exists, shaft be subject to a civil penalty in an amount up to $1.OOt7 Each and every day that such violation continues shall be deemed a separate and d~sunct violatron. Ali remedies and penalties provrded for in this section or code shalt be cumulative and not exclusive. (Ord. 692 § 1, 1999) City of Soldotna ~ 1 Ordinance 692 ~ 7. Z D,455 Fses. A zonin Permit A ication. The following fees shall be paid with the submission of a Zonma Penn~t application: 1 } Pre-application Review: AA applications for mooning Permits unless waived - First review free; aif reviews thereafter 2) Administrative Review. Administrative Referral to Commrssian {No Hearing) a. Planned Unit Developments (includes Site Plan Review) b. Site Plans for Off-Street Parking and Landscaping c. Temporary Uses 3) Plat Reviews, First review free: all reviews thereafter 4} Commission Review (Nearing Required) a. Conditional Uses b. Variances c. Natural Resource Extraction 525 OC S300A0 550.00 550.00 525.00 525o.oa B. Amendments. Aopeais. The fallowing fees st}ail be paid with the submission of an application far a Zoning Code Amendment or an Administrative Appeal: ~) Rezone Appltcatrons 5250.00 2) Appeals 3250 00 {Ord. 692 § 1. 1999) City of Soldotna 78 Ordinance B92 C~~ Qf S~~dat~a 177 tiorth Birch ~ Soldotna, Alaska 99bti9 • Phone: (407) 262-9I07 ~ a ~ a _ Appfrcation and Side Plan Permit far Kf~QD Owners Name: Tax Parcel No.: Mailing Address: - Subdivlslon: L.ot: t31ocK: Physical Address of Project: Phone Na: Contractors Name: Phone No: Conlactars Mailing Address: New Addition Attention Relocation Described Work Proposed: Please attach site plan for the proposed at scale of 50 feet to the inch. 1. pate. North Point and Scala; 2.Oimensians of alt property lines; 3. Location and dimensions of all proposed and existing structures; drawn Square footage of swot: Square footage of Building: Required Parking Spaces: 4. Location of all drives, parKing areas, snow storage areas, streets, alleys sidewalks, wails, fences and required landscaping; 5. Size and location of all existing and proposed public and private u#ilittes; 6. Method of storm water runo#f; 7. l.egat Description of the property; 8. Name address and phone number; Sale Tax Compliance Certificate: Signature at Owner: Date: Signature of Contractor: lion Accepted gy: for Planning Commission action on: TakBn As I"aila-vs: ~~'~ ~~ ~~1+C~~ ~~ 3:7? l~orlt3~ ;Hirsh ;a ~31~at~~, ~ias~c~ 9°bb9 ~~ z h~a~s: (9~7} 2b2-9~fl7 S LE TAX COMP NCE C~RTIF#CA 10 TNlS FORM MUST BE SUEMITTED 70 THE KENA! PENINSULA BOROUGH FlNANCL~ DEPARTMENT LQCATFD aT ?44 NORTH plNICL6Y. 50LDOTiYA, ALASKA 99689 FAX N0.2ttZ-8BZ3 DATE RRCi=iVED BY KPB pERMITNARIANCE: BUSINESS NAME: A. INOIVIDUAI. end/ar B. CORPORATION OWNER(S) NAME: C. PARTNERSHIP Business Mailing Address: Telephone Number. Fax Number: As a business or individual. have you ever conducted business wltFtin the fCenai Penlrtsula Borough? YES NO (If yes, pfesae supply the following account numbers and sign below. if na, please sign below. Saldotna Municipal Code of Ordinances (per Ordinance No. 534) roquirea that businesses ar individuals wishing to obtain any bttlldlrtg permit, silo plan approval. canditianai use permit or variance be in camptlance with Borough Sates Tax provisions. No build#ng permit will bo issued to any Individual or business who is found to be in violation of the Eonau9h Code of Sales Tax Ordinance. SALES TAX AC~Qt1NTSlSTATUS DO NOT WRIT: IN BOX ACCT. # BUSINESSlOWNER NAME FILED T»RU ~WF5 9ALANCI DUE IN COMPLIANCE Y>;5 NO YE5 NO YES_ NO ~~ YES ~w NO Y1:S~ NO I, ,the (Signature) (7ftle~ hereby certify that to the best of my knowledge, the above information Is correct. (TO 81? COMPLETED BY BOROUGH PERSONNEL) I hereby certify to the best of my knowledge the above business is: A. IN COMPt_fANCB WITH ALL BOROUGH 5ALE5 TAX PROVISIONS. g, NaT IN COh1PLIaNC>=WITH ALL BOROUGH ~Af,E:S TAX PROVISIONS. (Signature Required) Data Kenai Peninsula Borough Finanee Department io~ti AGENDA KENAi CITY COUNCIL -REGULAR MEETING SEPTEMBER 17, 2003 7:00 P.M., IMMEDIATELY FOLLOWING BOARD OF ADJUSTMENT HEARING KENAI CITY COUNCIL CHAMBERS htt www.ci.kenai.ak.us 6:00 P.M. -- Council/Staff Meeting Board of Ad,~ustmeat Hearing, 7:00 P.M., Appeal of Planning & Zoning Commission Denial of PZ03-33, An application to amend PZOZ-43 to modify the Conditional Use Permit for grooming to remove the fencing as required by the Board of Adjustment. Application for property known as Lot 6, Block 2, Spruce Grove Subdivision (1802 4~ Avenue), Kenai, Alaska. Nancy Henricksen d/b/a Groomingdales, 1802 4~ Avenue, Kenai, Alaska, Appellant. ITEM A: CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda *All items listed with an asterisk (*) are considered to be routine and non- controversial by the council and will be approved by one motion. There will be no separate discussion of these items unless a council member so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda as part of the General Orders. ITEM B: 1. ITEM C• ITEM D: ~,~,~ ~• 2 SCHEDULED PUBLIC COMMENTS (l 0 minutes) Greg Getty -- Cemetery Donation REPORTS OF KPB ASSEMBLY LEGISLATORS AND COUNCIIS PUBLIC HEARINGS Orditaaace No. 2009-2003 (Fourth Public Hearing) -- Approving and Adopting the Comprehensive Plan for the City of Kenai and Recommending Adoption by the Kenai Peninsula Borough. Ordinance No. 204-2003 -- Decreasing Estimated Revenues and Appropriations by a Net of <$9,1.55> in Two Senior Citizen Finds. f~y~~~ ~ 3. Ordinance No. 2015-2003 -- Amending KMC 13.15.010(a) to Redefine the Allowed Hunting Areas Within the City and Replace the Maps of Those Areas With an Updated One. /~~~ ~, 4. Resolution Nd. 2003-45 -- Adopting an Alternative Allocation Method /' for the FY44 Shared Fisheries Business Tax Program and Certifying That This Allocation Method Fairly Represents the Distribution of Significant Effects of Fisheries Business Activity in Cook Inlet. 5. Resolution No. 2003-46 -- Supporting Senate Concurrent Resolution 12, Acknowledging the Natural Unfairness in the Current Local Governmental Structure and Requesting the Local Boundary Commission to Present a Recommendation for Borough Incorporation to the Legislature in Order to Formally Request Residents Living in Certain Unorganized Areas of Alaska to Help Operate and Financially Provide for Their Local School System. 6. Resolution Nn. 2003-47 -- Transferring $22,500 in the Wellhouse No. 4 Capital Project Fund for Engineering Services. 7. *Liquor License Transfer -- From Spencer Han, d/b/a New Peking Chinese Restaurant to Jennifer Lee, d/b/a New Peking Chinese Restaurant. 8. *Application fox Restaurant Designation Permit -- Jennifer Lee, d/b/a New Peking Chinese Restaurant. ITEM E: 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. Kenai Convention & Visitors Bureau Board c. Alaska Municipal League Report d. Kenai Chamber of Commerce e. Arctic Winter Games ITEM F• MINUTES 1. *Regular Meeting of September 3, 2003. ITEM G: CORRESPONDENCE ITEM H: OLD BUSINESS ITEM I: NEW BUSINESS G~a~kf~~ 1. Bills to be Paid, Bills to be Ratified • 2. Purchase Orders Exceeding $2,500 3. *Ordinaace No. 2016-2003 -- Increasing Estimated Revenues and Appropriations by $3,882.90 in the General Fund far an Alaska Highway Safety Grant to Purchase a Mobile Data~'erminal. ITEM J: REPORT OF THE MAYOR ITEM K: ADMDTISTRATION REPORTS 1. City Manager . 2. Attorney 3. City Clerk ITEM L: DISCUSSION 1. Citizens (five minutes) 2. Council EXECUTIVE SESSION -None Scheduled ITEM M: ADJOURNMENT iob KENAI PENINSULA BOROUGH PLAT COMMITTEE BOROUGH ADMINISTRATION BUILDING ASSEMBLY CHAMBERS 144 NORTH BINKLEY STREET SOLDOTNA, ALASKA 99669-7599 ~~ ~~' 5:30 p.m. September 22, 2003 ~~""`~-~_. ~~ o ~- Tentative Agenda `'" 'J .~ ~~~~ A. CALL TO ORDER ~~~~~NG D~p~NAI AR MEMB)a[Z5: ~jdfENx Brent Johnson B. ROLL CALL Kasilof/Clam Gulch Term Expires 2006 C, APPROVAL OF AGENDA, EXCUSED ABSENCES, AND MINUTES Blair Martin Kalifornsky Beach 1. Agenda Term Expires 2006 Ray Tauriainen 2. Member/Alternate Excused Absences Northwest Borough Term Expires 2005 a. Blair Martin Mari Anne Gross Southwest Borough 3. Minutes Tenn Expires 2005 a. September 8, 2003 ALTERNATES: Bill Hutchinson D. SUBDNISION PLAT PUBLIC HEARINGS Ridgeway Term Expires 2004 1, Kenai River Salmon Run Felgum Replat ToddPelersen KPB 2003-193 Bast Peninsula Integrity/Alano/Buchanan Term Expires 2004 Location: South West of Dow Island off Fisherman's Drive 2. Stubblefield Subdivision Brown Replat KPB 2003-200 Integrity/ShimkoBrown Location: West of Sterling Highway on lean Lane 3. Farmer Subdivision No. 5 KPB 2003-203 Integrity/Smith Location: Southwest of Scout Lake Loop 4. Mountain Rose Estates (name to change) KPB 2003-204 Integrity/Rosemont Inc. Location: City of Saldotna S. Two Lakes Park Subdivision (name to change) KPB 2003-205 Integrity/City Seward/Ennis/Carlson Location: City of Seward 6. Moose Range Meadows Subd. Castaway Addn. Revised Prelinunary KPB 2003-111 McLane/Kenai Castaway Lodge LLC Location: Off Keystone Drive, Soldotna area 7. Mackey Lakes Subdivision Voss addition KPB 2003-199 McLanelVoss/Baxter Location: East of Mackey Lake Road off Dolly Varden Way 8. Wills Homestead KPB 2003-196 JohnsonlWills Location: West of Sterling Highway on Tote Road 9. Loon Subdivision No. 03 KPB 2003-201 Johnson/Fromberg Location: East of Sterling Hwy. South of Encelewski Lake 10. Fowler Tract A KPB -2003-202 Johnson/Fowler Location: East of Sterling Hwy. Kasilof area 11. Emerald Highland Estates Unit 7 KPB 2003-197 SeabrightlHariley/Pollaek Location: City of Homer 12. Dawn Estates Pearse Addition KPB 2003-206 Swan/Pearse Location: East of Longmere Lake 13. Moose Range Meadows Glassmaker Addition KPB 2003-207 Swan/Glassmaker Location: Off Keystone Drive 14. Kelly Ranch Estates No. 02 KPB 2003-208 Imhoff/Alberts Location: City of Homer z 15. Cowgill Acres No. 03 KPB 2003-209 Imhoff/Reinhart Location: South of East End Road, Homer area K-Bay APC 16. Fay Smith 2003 Subdivision KPB 2003-2I0 Imhoff/Smith Location: East of East End Road, Homer area K-Bay APC 17. High Cliff Subdivision 2003 Addition KPB 2003-2I1 Imhoff/McLay Location: City of Homer 18. Seekins Replat KPB 2003-181 Mullikin/Seekins Location: City of Homer Carried forward frozx~ September $, 2003 E. PUBLIC COMMENT F. ADJOURNMENT NEXT REGULARLY SCHEDULED MEETING The next regularly scheduled Plat Committee meeting will be held October 13, 2003 in the Assembly Chambers, Borough Administration Building, 144 North Binkley Street, Soldotna at 5:30 p.m. PLANNING DEPARTMENT Phone: 907-262-4441, extension 260 Phone: toll free within the Borough I-800-478-444I, extension 260 Fax: 907-262-86 i 8 e-mail address: Tannin borou h,kenai.ak.us web site: www.borough.kenai.ak.us/planningde~t KENAI PENINSULA BOROUGH PLANNING COMMISSION BOROUGH ADMINISTRATION BUILDING ASSEMBLY CHAMBERS 144 NORTH BINKLEY STREET SOLDOTNA, ALASKA 99b69-7599 September 22, 2003 7:30 P.M. Tentative Agenda Philip Bryson Chairman Kenai City Term Expires 2004 Tom Clark Vice Chairman Anc]tor Point/Ninilchik Term Expires 2004 Dick Troeger Parliamentarian 5oldotna City 'feint Expires 2D05 T?r. Rick Foster PC Member Homer City Term Expires 2004 Mari Anne Gross PC Member Southtivest Borough Ternt Expires 2005 Lynn Hohl PC Member Seward City Term Expires 2005 William Hutchinson PC Member Ridgeway Term Expires 2D04 James [sham PC Member Sterling Term Expires 2006 Brent Johnson PC Member Kasituf/Clam Gulch Term Expires 2006 Blair Martin PC Member Kalifomsky Beach Tenn Expires 2006 Mark Massion PC Member City of Seldovia Term Expires 2006 A. CALL TO ORDER B. ROLL CALL C. 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. Time Extension Requests a. Spruce Forest Na. 03 KPB File 2002-211; [Imhoff/Jones] Location: East of Sterling Hwy.off Cottonfield Ave. b. Hillside Homestead No. 02 KPB File 2000.199; [Seabright/Zeller/Friedman] Location: South of East End Road, west of McNeil Creek 2. Plats Granted Administrative Approval 3. Plats Granted Final Approval Per 20.04.070 4. Plat Amendment Request a. Kilcher Park Estates Burton Addition Seabright Surveying KPB File 2002-240 Recording No. HM 2003-20 Todd Petersen 5. Coastal Management Program AC Member East Peninsula Term Expires 2004 a. Coastal Management Program Consistency Reviews -None Ray Tauriainen PC Member b. Conclusive Consistency Determinations Received from DGC Northwest Borough Term Expires 2005 c. Administrative Determinations d. Current Reviews 6. Commissioner Excused Absences Max J. ]3est a. Lynn Hoh1 Planning Director Dale Bagley b. Blair Martin Borough Mayor 7. Minutes a. September 8, 2003 Plat Committee Minutes b. September 8, 2003 Planning Cornrraission Minutes D. PUBLIC COMMENT/PRESENTATIONS/COMMISSIONERS {Items other than those appearing on the agenda. Limited to five minutes per speaker unless previous arrangements are made.) E. UNFINISHED BUSINESS -None F. PUBLIC HEARINGS 1. Vacate Jasper Court a 60-foot public Right-of--Way, and associa#ed public utility easements, lying southerly of Joan Avenue; dedicated by Inlet Glen Subdivision (Plat KN 85-97); within Section 14, Township 6 North, Range 12 West, Seward Meridian, Alaska; and within the Kenai Peninsula Borough; KPB File 2003-186; Petitioner(s): Victor G Tyler, Vickie Tyler and Claire T Schilling of Kenai, Alaska; Location: North Kenai area 2. Vacate a portion of the 33-foot Right-of--Way easement along the westerly boundary of Government Lot 35, west of Kachemak Drive, reserved in Book 5 Page 76 of the Homer Recording District, all within Section 14, Township 6 South, Range 13 West, Seward Meridian, Alaska, the City of Homer and the Kenai Peninsula Borough; KPB File No. 2003-191; Petitioner: Gertrude M. Seekins of Horner, Alaska; Location: City of Hamer 3. Aland-use permit application to operate a gravel site in the Anchor Point area; Location: SE1/4 SE114 5112 S25 T04S R15W, Seward Meridian, KPB 16525062; Parcel: 8.3 acres; Portion to be Gravel Pit: approx. 6.8 acres; Applicant: Twin Peaks Construction; Owner: Haga, Alma; KPBPC Resolution 2003-35 G. VACATIONS NOT REQUIRING A PUBLIC HEARING -None H. SPECIAL CONSIDERATIONS -None I. SUBDIVISION PLAT PUBLIC HEARINGS 1. The Plat Committee is scheduled to review 18 plats. J. ANADROMOUS STREAM HABITAT PROTECTION (KPB 21.18) -None K. COASTAL MANAGEMENT PROGRAM CONSIDERATIONS -None L. OTHER/NEW BUSINESS 1. Choose new Plat Committee. New members will serve October, November, and December 2003. M. ASSEMBLY COMMENTS N. DIRECTOR'S COMMENTS O. COMMISSIONER COMMENTS P. PENDING ITEMS FOR FUTURE ACTION Q. ADJOURNMENT MISCELLANEOUS INFORMATIONAL ITEMS NO ACTION REQUIRED 1. Kenai Planning & Zoning Commission August 27, 2003 Minutes 2. Kachernak Bay Advisory Planning Commission August 25, 2003 Meeting Notice FUTURE PLANNING COMMISSION MEETING The next regularly scheduled Planning Commission meeting will be held October 13, 2003 in the Assembly Chambers, Borough Administration Building, 144 North Binkley Street, Soldotna at 7:30 p.m. 3 ADVISORY PLANNING COMMISSION MEETINGS Advisor Commission Meetin Date Time Moose Pass Community Ha11 Se tember 25 7:30 .m. Kachemak Bay Communit Center September 25 7:00 p.m. Anchor Point Anchor River inn October 7 6:30 .m. Cooper Landing Community Hall October S 7:30 p.m. NOTE: Advisory planning camxnission meetings are subject to change. Please verify the meeting date, location, and time with the advisory planning commission chairperson. Chaizperson contact information is on each advisory planning commission website, which is linked to the Planning Department website. CONTACT INFORMATION KENAI PENINSULA BOROUGH PLANNING DEPARTMENT Phone: 907262-4441, extension 260 Phone: toll free within the Borough 1-800-478-4441, extension 260 Fax: 907-262-8618 e-mail address: plannin ,borough.keii~i,~ak.us web site: www.borough.kenai.ak.~s/~lanningdept ~~ "~/'~~a e wit~t a Aast, Gi' wc't~i a F~tu~e" 9 ~,~~'~, 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 I~~ `` Telephone: 907-2$3-75351 FAX: 907-283-3014 ~I~~ -- - --~ 1992 tl~e~£tyof KEHAI~ SKA • • TO: Planning & Zoning Commission ~ FROM: Marilyn Kebschull, Planning Administration .., DATE: September 15, 2003 SUBJECT: Planning Case Law When reviewing a recent request for a Conditional Use Permit, the Commission questioned whether the Commission had the "right" to place special conditions on the permit if granted. There are several famous Supreme Court decisions that provide guidance to planners and Commissions when making decisions for development requests. Two famous cases that provide guidance in this area are Nollan v. California Coastal Commission and Dolan v. Cit of Ti ard. Following is a brief summary of these decisions: In 1987, the Supreme Court ruled in the case of Nollan v. California Coastal Commission. In this case, the Nollan wanted to develop a beachfront house. The State of California wanted to require that the developer dedicate a public access easement across the beach as a condition for obtaining the permit. The Court required that there must be an "essential nexus" between the purpose of exaction (demands and the purpose that would be served by prohibiting the proposed development. The Court did not believe that providing public access to the beach would preserve the public purpose of "visual" access to the beach. Thus, there must be a substantial relationship between the requirement and the development. In 1994, the Court reviewed the case of Dolan v. City of Ti~ ard_, In this case, the City wanted to place a requirement on the permit to develop a stare that the storeowner dedicates a strip of land to public use as a greenway for flood control and a pedestrianlbike path. The Court ruled that the City's requirement met the "essential nexus" of the Nollan decision. However, established an additional requirement that there must be "rough proportionality" between the permit condition and the impact of the development. The Court looked for a reasonable relationship between the harm the development may cause and the costs the requirement would place on the developer. From these two cases, came the two-prong test. You must ask yourself is there "essential nexus" and if so, is there "rough proportionality" for the requirements. Attached is a brief summary of famous landmark court planning cases. I hope this information is helpful when making decisions. If 1 can provide further information, let me know. Attachment Memo - Panning Case Law Page 2 ANDM.4RK C ES Federal Court Cases (remember which rases were heard by the 1;3nited States Supreme Court}: Welch v. wale , 2!4 U.S. 91 (1909): This case established the constitutional right of cities to limit building heights by districts. a k v. ~Cit of Rirhm nd, 226 U.S. 137 (1912): The Court he#d invalid a city building line ordinance. However, the decision validated the city's right to set such controls and established condition under which the city's legislative authority could be delegated to a citizen group or advisory commission. adac eck v. ebastian, 239 U.S. 394 (1915}: A local government can prohibit land use which it deems to be inappropriate at a certain area, even though this substantially reduces the value of the land. o as usark v. Cit o Chico o, 242 U.S. 526 (1917): The Court held that Thomas Cusack, a corporation engaged in outdoor advertising, did not have standing to contest the constitutionality of the ordinance affecting outdoor advertising, as Cusack was not an injured party. Because the portion of the ordinance he objected to could only benefit Cusack, he did not have the right to claim injury and contest the issue. ~~.~tnsylvania .Coal v. ahon, 260 U.S. 393 (1922): Supreme Court held that "if regulation goes~too far, it will be recognized as a taking." V'lla a of uclid v. Ambler Realt Co., 272 U.S. 365 (1920): Case upheld zoning as constitutional under the United States Constitution, as being~within the police power of the state. If zoning classifications were reasonable, then they would be upheld. Was ingtonex re. Seattle Title Trust Co v. Rober~e, 278 U.S. 1 16 { 1928): The Court held that the permissive use ordinance was arbitrary and repugnant to the due process clause. ectow v. City of Cambridge, 277 U.S. 183 (1928): The Court established the reasonableness of zoning district boundaries as a necessary invasion of private property in general. However, regarding the City of Cambridge specifically, the Court found that the ordinance did not bear a substantial relation to public health, safety, morals or general welfare. . erman v. Parker, 348 U.S. 26 {1954): Held that aesthetics was a valid reason to support actions taken for the public welfare. Upheld redevelaprnent programs that took property in eminent domain and resold the property to private developers for redevelopment. J es v, a er, 392 U.S. 4Q9, Cert. to the United States Court of Appeals for the Eighth Circuit (1968): The Court held that raeia! barriers cannot stand in the acquisition of real estate and personal property under Section 1982 of the Civil Rights Act of 1866. V' l of Belle Terre v. Borass, 416 U.S. 1 (1974): Extended concept of zoning under police power to include community's desire for certain types of lifestyles. Upheld power to prohibit more than two unrelated individuals from residing together as a single family. 123 Cit of Eastlake ~•. Forest Cit ~ Enter rise Incy, 426 U.S. 668 (f 976): Held that cities could require zoning ordinances to be submitted to referenda before becoming ~~alid. Construction Industr Association of onoma Count v. City of Petaluma. 522 F. 2nd 897 {9th Cir. 1975}, cert. denied 424 U.S. 934 (1976): Communities can restrict the number of building permits granted each year if reasonable. This does not violate the right to travel. Y,o~nQ v. American Mini Theaters, 427 U.S. 50 (1976): Communities can zone for location of adult entertainment establishments without necessarily violating the First Amendment. Moore v. City of East Cleveland, 43I U.S. (1977): Cities cannot define "family" so that the definition prevents cbsely related individuals from living with each other. Villa a of Arlin tan Hei hts et al. v. Metro olitan Housin Develo meat Corp. et al., 429 U.S. 252 (1977): The Court found that the rezoning denial might have a "discriminatory effect", but held that the lack of proof for "discriminatory intent" precluded an equal protection violation. Required proof of racially discriminatory intent to find a suspect classification in equal protection analysis where racial discrimination was alleged. Penn Central Transportation Co. v. City of New York, 438 U.S. 104 { 197$): Held valid New York City's Landmark Preservation Law as applied to Grand Central Terminal. Prohibiting some development of air rights was not a taking where the interior of the property could be put to profitable use. Reaffirmed that the owner must be denied all reasonable use of a property for a taking to occur. Metromedia. Inc. v. City of San Dieeo, 453 U.S. 490 { I981): Ordinance that placed tighter restrictions on non-commercial billboards than on commercial billboards violated the First Amendment. Members of City Council v. Vincent, 499 U.S. 999 (1984): Court holds that aesthetics is a major public purpose and that in First Amendment cases, communities do not have to prove the strength of their interest in aesthetics as long as the regulation otherwise meets the usual First Amendment requirements. Williamson County Re tonal Plannin ommission v. Hamilton Bank, 473 U.S. 172 (1980: A taking can occur only after a final, definite decision. Thus, where a landowner is turned down on rezoning or subdivision approval and a variance remedy remains, the owner must pursue this route before claiming a taking. City of Cleburne v. Cleburne Living Center, 473 U.S. 432 (1985} Court ruled that requiring a group home to obtain a special use permit violated the Equal Protection Clause under the rational basis test. The Court refused to find that the mentally retarded constituted a "quasi-suspect" group for equal protection purposes. Benton v. Playtime Theatres, 475 U.S. 41 (1986): Upholds diswnce reparation or concentration requirements for adult uses where the regulation serves a substantial governmental interest and leaves open alternative methods of communication. Cities can rely on detailed findings of other communities as to the effects of concentration of• adult activities when doing their own ordinances. Cities cannot exclude Such uses entirely, but need not ensure that desirable sites are available. !24 First En lisp .Evan elical Lutheran Church v. Cae~nfiv of Los An Ples, 482 li.S. 304 (1987): Court rejected the concept that the sole remedy for a taking is payment of the full value of the property. No, 1~ v. alifornia Coastal Commission, 483 U.S. 825 (1957): Court held that development exactions are valid, so long as there is a reationable relationship between the imposed exaction and the impact on a project. ennell v. ' it of an ose, 485 U.S. 1 (1988): Court held that a rent control ordinance that allows administrators to consider the income of tenants in setting rents does not constitute a taking; nor does it violate due process or equal protection, since government can weigh the interests of tenants and landlords in dealing with housing problems. it of Lakewood v. Plain Dealer Publishin Co., 486 U.S. 750 (198$): Court holds that licensing of news racks may be unconstitutional if there is too much discretion vested in administrative officials. In this case, there was a requirement for an annual renewal that the court found bad. However, two justices did not participate in the 4-3 decision, so this case might well be reversed. The majority did not decide whether a total ban was permissible, but the dissent assumed that a total ban was acceptable and argued that therefore anything less would also pass muster. ucas v. outh Carolina Coastal Council, 505 U.S. 1003, 112 S.Ct. 28$fi (1992); Court held that when a regulation goes so far as to deny all economic use of property, it will be considered a taking unless the prohibited use is "boned by existing rules or understandings" derived from the state's law of property and nuisance. D~ v. Cit of Ti ard, 114 S. Ct. 2309, 23 15 (I 994): Court held that permit conditions that require the deeding of portions of property to the government can be justified only if the required dedication is related to the nature and extent of the impact of the proposed development. it of Edmonds v. xford House Inc., 1 15 S. Ct. 1776 (1995} Questions the definition of family and the Fair Housing Act. Babbitt v. west Home ha ter of ommunities fora rest re on, 11S S. Ct. 2407 (1995) Court upheld a key interpretation of the Endangered Species Act that makes it unlawful to engage in "significant habitat modification or degradation." Important Cases Heard Before State Courts: ochran v. Pry, 10$ Md. 220 (190$): Case established the constitutional right of cities to limit the height of buildings. own hi of Franklin v. u well, U.S. Court of Appeals for the District of Columbia 85 F. 2d 208 (I936): Court held that the federal government had no power to engage directly in housing activities. That power belongs to the states under the Tenth Amendment to the Constitution. New York itv Housin Authority v. tiller, 270 N.Y. 333 { 193b): Court established slum clearance as an acceptable public benefit use for eminent domain. Fo tson Investment Co. v. Qklahoma Cit , 179 Qkla. 473 (1937}: Court held that the irrevocability of land dedication does not constitute a taking. 125 i cher v. Bedrninister Tov~~nshi _. f I N..1, 194, 93 A.2d 378 (! 953): Court upheld the validity of a minimum lot size of f ve acres. In the Court's opinion, the validity of a zoning ordinance is not determined by reference to an individual property. kron v. Chapman, 169 Ohia 382, 1 16 N.E.2d 697 { l 953): Court allowed the non- conforming use to continue operation as long as its operation did not constitute a menace or a nuisance. Mate e:r ,rel. Bruestle v. Ric}t, 159 Ohio l3 { 1953): Court supported the use of eminent domain power far urban renewal purposes, even taking non-deteriorated structures in the specified area. 0 o idated Rock Products Co. v. Cit of Los An eies, Supreme Court of California, 379 P.2d (1962): Court held that a zoning ordinance can lae retroactive, taking all value of anon-conforming use, provided that there exists a threat to public health and safety. nod Inc. v. Villa a of Scarsdale, ! 8 N,Y.2d 7$, 271 N.Y.S.2d 955, ? I S N,E.2d 673 (I966): Court allowed payment in lieu of land dedication. lden v, lannm Berard of the Town of Rama o, 30 N.Y.2d 359, 334 N.Y.S.2d 13$, 285 N.E.2d 291 { 1972), Appeal dismissed 409 U.S. 1003 (I 972): Court allowed Lhe exclusionary device of performance standards/availability of public services to stand. Local governments can condition development approval an the provision of services, which for some properties, can rake up to I8 years (unless the developer provides the services earlier). Fasano v. Board of Count Commissioners of Washin ton County, 264 Ore. 574, 507 (1973): Held that zoning ordinances are not entitled to legislative deference. aker v. Cit of Milwaukee, 271 Ore. 500, 533 P.2d. 772 (1975): Held that zoning ordinances have is conform to the written master plan. outhern Burlin ton County NAACP v. Townshi of Mount Laurel, 67 N.d. 151, 331 A.2nd 713, appeal dismissed and cert. denied, 423 U.S. 808 (1975): Held that in New Jersey communities in growing areas in the way of urban~expansion must take their fair share of the region's growth. red F. French Investiin Co. v. Ciitv of New York, 39 N.Y. S.2d 587. 350 N.E. 2d 381, appeal dismissed 429 U.S. 990 { 1976): Held that transfer of development rights scheme was not adequate compensation far an owner of land for a taking where the rights were uncertain in terms of value. o fated Home Builders of rester East Ba v. City_ of Livermore, California Supreme Court (1976): Court allowed the time phasing of fu[ure residential growth until performance conditions were met, which included the relief of overcrowded Schools, the achievement of state wide standards by the sewage treatment facilities, the removal of water rationing, and the achievement of adequate water reserves for fire protection. 126 akwood at Madison v, own hi of Madison et al., ! 28 N.J. Soper. I ! (I 977): This court decision clarified the earlier Mount Laurel decision, where a township riot only has an obligation to provide for low and moderate income housing, but such developing communities should overtone for Least cost housing io encourage low land costs. r Burl'n o unt NAA P v. T wnshi of Mount Laurel {Mount Laurel II), 92 N.J. 158, 456 A.2d 390 (! 983): Successor case to the first Mount Laurel case. Regulations do not prevent their achieving a fair share of regional growth, but that affirmative measures such as builder's remedies, mandatory set-asides, subsidies, and mobile home zoning be used to ensure that fair share goal would be reached. I27 STAFF REPORT To: Planning & Zoning Commission -File Date: September 3, 2003 Res: PZ03-40 aw GENERAL INFORMATION Applicant: Klauder & Company Architects, Inc. 606 Petersen Way Kenai, AK 99611 For: Three Bears -Kenai 10575 Kenai Spur Highway Kenai, AK 99611 Requested Action: Legal Description: Street Address: KPB Parcel No.: Existing Zoning: Current Land Use: Land Use Plan: ANALYSIS Landscape Site Plan -Three Bears -Kenai Sprucewood Glen Subdivision No. 6 10575 Kenai Spur Highway 04705228 CG -General Commercial Commercial General Commercial General Information: KMC 14.25 specifies the requirements for landscape/site plans within the City of Kenai. Section KMC 14.25.030 details Landscaping/Site Plan submittal requirements. The plan calls for an addition onto the north side of the current Three Bears building, which was built in 1985. Other than the relocation of same lights in the parking lot and removal of some planters, the plan shows the landscaping remaining unchanged and nothing additional is planned. Plan also shows an onsite-snow storage area, and parking spaces. Drainage is not shown. Previous Planning & Zoning minutes discuss a buffer separating residential properties from the rear of the mall (present store) section. However, it could not be determined if the buffer was to be a wooden fence or natural vegetation. A fence was constructed behind the store as separation from the residential zone. The fence has not been maintained and is in poor condition. Kenai Municipal Code 14.25.040 {b} Perimeter landscaping discusses buffer landscaping and states the purpose is, "...to separate and minimize impact between adjacent land uses." Because this property abuts residential property, perimeter landscaping seems 03-4Q Comment.doc Page 2 reasonable. During the original construction, all natural vegetation was removed and the entire surface has been paved. The trash container/compactor are not shown on the plans. If the dumpster is not located behind the building in an obscured location, screening will be required. City En ig'n~er^ Snow storage appears adequate and there is drainage in the existing parking area. The existing drainage system may need repair and/or extension. Building Official: Parking is sufficient and requirement #3 is accurate however, the total number of spaces required should reflect shared parking for the medical clinic. The additional number of spaces far it is 15 requiring a total number of spaces for the two businesses of 18G. RECOMMENDATIONS Because the original construction removed all natural vegetation and the entire area has been asphalted, requiring additional landscaping such as planters ar requiring removing asphalt to add landscaped areas has been reviewed. As an alternative to those options, it appears reasonable to allow the planters as shown in the plan and to require that the fence be either repaired or replaced to screen the residential properties from the commercial activity. As an alternative to this requirement, a revised landscape plan maybe submitted for review. Plan approved subject to the following requirements: 1. Repair or replace the fence at the back of the property to provide a separation buffer from the residential property. 2. If the dumpster/compactor is not located at the rear of the store and obscured from site, screening is required. 3. The plan, as submitted, uses parking on Lot C2. Using this parking meets the parking requirement. Further development on Lot C2 may be restricted unless a parking variance is received or additional parking is obtained on adjoining lots. hz addition, required parking spaces must include shared parking for the medical facility located at 10547 Kenai Spur Highway (15 spaces). ATTACHMENTS: 1. Resolution No. PZ03-40 2. Application 3. Landscape/Site Plan CITY OP KENAI PLANNING AND ZONING LANDSCAPEISITE PLAN REVIEW RESOLUTION NO. PZ03-40 A RESOLUTION OF THE PLANNING AND ZONING ADMINISTRATION OF THE CITY OF KENAI RECOMMENDING THAT THE ATTACHED LANDSCAPINGISITE PLAN REVIEW BE APPROVED SUBJECT TO THE FOLLOWING CONDITIONS: WHEREAS, the attached LandscapinglSite Plan Review was: • Received by: Robert Springer, Building Official___ ~_ • Submitted by: Klauder & Com an Architects Inc. • Submitted for: Three Bears -Kenai • Property Address: 10575 Kenai Spur Hiahway __ • Legal Description: _SpruceWood Glen Subdivision No. 6 ,_.._ • Parcel No.: 04705228 WHEREAS, the City of Kenai Planning and Zoning Administration finds this plan provides for orderly and safe development within the City commensurate with protecting the health, safety, and welfare of its citizens, and provides adequate and convenient open spaces, light and air in order to avoid congestion of commercial and industrial areas; and, WHEREAS, the plan appears to provide for landscaping and/or the retention of natural vegetation in conjunction with commercial and industrial development within the City; and, WHEREAS, the purpose of landscaping is to visually enhance fihe City's appearance and reduce erosion and storm runoff, and the plan appears to meet this criteria. NOW, THEREFORE, BE IT RESOLVED, BY THE PLANNING AND ZONING ADMINISTRATION OF THE CITY OF KENAI THAT THE LANDSCAPINGISITE PLAN IS APPROVED WITH THE FOLLOWING REQUIREMENTS. (See attachment.) Reviewed and approved: ~` ,~ ~_ r ~_~ Date: I ~S 1 C~ ,_'~' 03-40 Res.doc Plan approved subject to the following requirements: Page 2 1. Repair or replace the fence at the back of the property to provide a separation buffer from the residential property. 2. If the dumpster/compactor is not located at the rear of the store and obscured from site, screening is required. 3. The plan, as submitted, uses parking on Lot C2. Using this parking meets the parking requirement. Further development on Lot C2 may be restricted unless a parking variance is received or additional parking is obtained on adjoining lots. In addition, required parking spaces must include shared parking for the medical facility located at 10547 Kenai Spur Highway (l5 spaces}. a 1 -.. -_ _ L~_ ~ n O ~'~~ n n ~~~ (n ~r _ ~ m Ctib~ b ~~ ~ ~~4~ ~, it id ~r X p~p~n- Ap ~~ C {~ 7 max[ ~'n 0 mn 'n CC ~ {/i U ~zz mR v} A ~~x N ollo ,r p v ~Ip lP p m O C aA a v 0 S/ n~ D a~ m pv z~m amy ~~~ ~°~'~ ~O~ nNZ ~W ymoo m pm~ c~ ~ Q N f~1yt` ~~ 0 G ~~j4/6(x/Y/'q_ F ~ , i , / \ '/ wm / \\ / J i / a ~ i i ~ ~ ~\ /~ ~~ ~ ~ / n p .~ M ~ 1~ z ~ ~ ~~ a - A ~ m o ~ z ~ z n r.. n a d rn a m l m ~ "' ~ = ~ r ~ KLAUDER & COMPANY F ~ I D $ ~ ° ~ ARCHITECTS, INC I ~ m v ~ n_ 5oc obene„ way Ne~ai A19aka 99611 y o Fel (BB712&11BiB: FaK lB67)2d3-0~54 C b m 2 ~ ~ X nm~~ v~-i- m ~A~~ ~ \ X c~ my p . yi p q ~ m~pp x ' L b D x m ,. - )y ? m r ~ to y~ :n '~ 2z1,~x g m m ~Z ® Nm~~i ~~ ~ ~a,o3> m ~ ® b D A ~ m ® ' m O m Z ?~? ?~ < X ~ N ~~ ink zp ' m- om -_ i z ~ ~ ~ j ~. , e m op Lr m ~ ~~ 1 ~~ ~-.L~ ~ G) 1 / / ~~ ~~ ~~ ~O~ ~~ P A n ~ ~ C a ~ ~ ~ ~ x ~ ~ ~ F ~ ~ " x yc ~ ~ t' ~ J ~ W K i r ,, i~ It o s } J {~~, w -4 ~ W w ~ n THREE BEARS - KENAI Superstructures 224 Kenai Avenue, Soldotna, Alaska 99669 ~ . ~b N N ~ vl V1 ~D [+ ~ £a~i~eyFi~~ p p ~ ~ e'7 o°'n a°JU ~ o°~n au ~ a°'o ~ ro en 'a ro W ,~, .e ~ ~ ~ g ~~ ~ ~ a ~i 0., A~.r a ~ P~+ p, AA. 3 'fir' pOp H y ~ ~ fib n ~ t5 ~ `°' o'° $ ~ ° ~ Y-+ tl O ~ ~~DroE~ 'Q ~ oM0 ~~ h ~ p C U t~ ~ ~ p+ y` -~ ~ `-' ' ~ ~ 'n ~ C ~. 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W b ~ "~ C o '~ U ~ o -o o ~ c~ e, ~ ~ o 0 o C ~, a, +~+ ~ y .G ~ .`~'.. N ~ N ~ O D ~ Y ~ ~ O `~ O ~' C ~ m C v O ~, O qD .ti ~ E'" ~ bA tl~i ~ O w ~.. ~i 'C ~ G U b g v 't7 ~ G~ ai w a7 ~ O U '~ ~ C u '~ `~" ~' y ~' ~ N O i O H O~~ O x 'cn ~ O b 'C in cV tom. '~ ~ c~.~ R aA ,~ ~ "` ~ ~ a 'r~~ ~ O ~ TJ c~ 0 ~ ,~ •~ ~p`. ~ ~ O O .O V ~ G. GL N .d F. N ,~ as 0 O N csl id ~ "' O O '+. O rJ ~ U ~, U C--~~i ~ = "` .G L t~' ~'.' ', tU] 'C ~, ~ R.'~ O ~. > r-i ~ y ¢ ~ 'q ,~ N ~ U G v N v r., V ~ G 'O y V ,S~ U N ~ A C N '~ a~ f/] N ~ ~~„ '-' 4~ i.. ~ a~ y C of y ~ O O C "O :; G ~ C Fa. ~ bq •r} O ~" ~--~ ~ ~ of '~'~. U ~"' ~ v, ~ ~ O ~.` ,~ ,ti -: q ~ ~ v •~ ~ cV G .`~', ~.~'~ ~o~ 0~ U H~ ~'v i°~. •,.,.a x,s4~ ~ a ~ cCa:a H ~~ ~ v a ~ ~ .~~ ~ ~ ~ ~~..~ ~ a"p'~ O ~ ~ W '[3 ~ v C y ~ p a~ ~ y C ~ o~ 4i dt O 'r ~ ~ U ~ 'd U C ca N ~ ~ 3 .F U A ~ a .5 ~ .N ~ ~ ~ .r .a W U ~ ~; °h' ~ Z ~ O ~ w R. '~ o w° 3 W 0 ~~ w t~ a a .~ LL 0 c~ z w w z 0 O U C7 Z z N C7 Z_ Z Z a g Q ~ Y Z ~ W W U N ~ ~ ~ Z Y ~ O ~ ¢ ¢ D ~ J t~ m m = w Q C~ ~ ~ . Z Q Y Z ~ w O U N ~ W ~ ~ Z Y o ¢ ~ ~ ~ a ° C'3 m m 2 W Q C7 Z Q W Z ~ ~ W O Y U O N w ~ w ~ ^ ~ Z Y ¢ O ~ ¢ ~ ~ -~ C7 m m 2 w Q C7 ~ ~ ~ ~~ t lZ` z ~l N Y Z ~ Q w W Q w O ~ w U . ~ ~ O ~ ~ Q Q p ~ ~ ~ Cj C7 m m = w Q C~ Z Z ~ W Y W O W ~ ^ W U ~ p ~ ~ Q Q J ~ ~ C7 m m = w Q C7 ,~ 1 ZQ Y Z ~ w W o N U ~ ~ ~ ~ Z Y w >- ~ ~ ^ LL1 U O ~ Q Q ~ ~ -~ C7 m m 2 w Q C7 0 AGENDA PLANNING 8 ZONING COMM1551ON September 24, 2003 - 7:00 P.M. KENAI CITY COUNCIL CHAMBERS htt Jlwww.ci.kenai.ak.us 1. SCHEDULED PUBLIC COMMENT: 2. CONSIDERATION OF PLATS: 3. PUBLIC HEARINGS: a. PZ03-41-An application to rezone the northern portion of Government Lot 44 from Suburban Residential to General Commercial. Application submitted by Cliff Baker dba Integrity Surveys, 805 Swires Road, Kenai, Alaska. 4. OLD BUSINESS: 5. NEW BUSINESS: a, PZ03-42 {PZ95-01 & PZ89-06) - Transfer of Conditional Ilse Permit for Bed & Breakfast, Lodge, and Guide Service for the property known as 1535 Angler Drive (Lot 29, Block 1, Angler Acres Subdivision), Kenai, Alaska, from Steve and Donna Riddle to Ross &Angelia Harding. Transfer requested by Ross and Angelia Harding, 1535 Angler Drive, Kenai, Alaska. b. Kenai Peninsula Borough Chapter 21.18 -Anadramous Streams Habitat Protection -Discussion The public is invited to attend and participate. The meeting will commence at 7:00 p.m. at Kenai City Hall (lower level). Additional information may be obtained at Cily HaN, at the City of Kenai web site {www.ci.kenai.ak.us), or by calling 283-7535 extension 235. Marilyn Kebschull Planning & Zoning Administration Publish: September 22, 2003 D269 of gal ~3 1 ~~rn~,~ lie ~ ~u.~J clTSr of KENAI PLANNING Ss ZONING COMMISSION PUBLIC HEARING NOTICE 210 FIDALGO STREET KENAI, ALASKA 99611-7794 http:lltivww.ci.kenai.ak.us The fallowing public hearing has been scheduled for the Planning and Zoning Commission meeting of September 24, 2003: PZ03-41~-An application to rezone the northern portion of Government Lot 44 from Suburban Residential to General Commercial. Application submitted by Cliff Baker dba Integrity Surveys, 605 Swires Road, Kenai, Alaska. The meeting will commence at 7:00 p.m. in the Kenai City Hall Council Chambers at 210 Fidalgo Avenue, Kenai, Alaska. Anyone w+shing to present testimony concerning this permit should do so at the hearing or submit written comments to the City of Kenai, Planning Department, 21D Fidalgo, Kenai, Alaska 99611-7794 prior to the meeting. Comments may also be emailed to mkebschull@ci.kenai.ak.us. For more information please contact Marilyn Kebschull at 283-7535 extension 235. Marilyn Kebschull Planning ~ Zoning Administration Publish: September 17 & 19, 2003 Q ,{;`/~