HomeMy WebLinkAboutResolution No. 2005-16Suggested by- Administration
CITY OF KENAI ~
RESOLUTION NO. 2005-16 ~
A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, AL~/~, EXPRESSING
SUPPORT FOR BOROUGH ORDINANCE 2005-19; REPEALING,/KPB S.56.005 AND
ENACTING KPB 2.56.006, ADOPTING THE 2005 KENAI PEN, I4NSULA BOROUGH
COMPREHENSIVE PLAN. ~
WHEREAS, the Kenai Peninsula Borough has undergo~/e a process to update the 1992
KPB Comprehensive Plan; and, ~
WHEREAS, the Kenai Peninsula Borough has prej/ared a final draft 2005 KPB
Comprehensive Plan; and, ~
WHEREAS, public meetings were held to tak/d comments from residents of the City of
Kenai and surrounding area on October 2/0/2003 and October 15, 2004; and,
WHEREAS, the KPB Comprehensive Pi~. id.entifies~, as an_implementing action the
important issue of maintaining communication and coordination with borough cities
regarding information sharing and/~cisions of mutual interest; and,
WHEREAS, the Kenai Peninsula/Borough Assembly will hold a final public hearing on
KPB Ordinance No. 2005-19 o/~dune 21, 2005.,o-~,~.~,~,~
NOW, THEREFORE, BE IT~SOLVED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA, that it supports/t&e Borough Assembly's adoption of KPB Ordinance No.
2005-19, adopting the ~0~05 KPB Comprehensive Plan.
pASSED BY THE CO~/~CIL OF THE CITY OF KENAI, ALASKA, this first day of June,
2005--
ATTEST.
Carol L. Freas, City Clerk
clf
~ AGENDA ~T~[M.,/, -Y-_~r ~'.'
KENAI PENINSULA B'OROUGH~~~
144 N. BINKLEY · SOLDOTNA, ALASKA · 99669-7599
BUSINESS (907)262-4441 FAX (907)262-1892
DALE BAGLEY
MAYOR
MEMORANDUM
TO'
Gary Superman,. Assembly President
Kenai Peninsula Borough Assembly Members
THRU'O~' Dale L. Bagley, Borough Mayor
FROM'
DATE:
Max J. Best, Planning. Director
May 13, 2005
SUBJECT:
Ordinance 2005-20; Repealing KPB 2.56.005 and Enacting KPB 2.56.006,
Adopting the 2005 Kenai Peninsula Borough Comprehensive Plan
The Planning Commission reviewed the subject ordinance during their regularly scheduled
May 9, 2005 meeting. A motion to recommend enactment of the ordinance passed by
unanimous consent vote.
.Draft, unapproved minutes of the subject portion of the meeting are attached.
AGENDA ITEM F. PUBLIC HEARINGS
.
Ordinance 2005-20; Repealing KPB 2.56.005 and Enacting KPB 2.56.006, Adopting the 2005 Kenai Peninsula
Borough Comprehensive Plan
The 2005 KPB Comprehensive Plan final draft is submitted for your review and decision regarding its adoption.
Over the past two years, planning department staff and the comprehensive plan consulting team have worked closely
together to produce a document that is an updated and accurate illustration of existing conditions in the borough. An
extensive set of public meetings were held in 12 communities throughout the borough both in 2003 and 2004, where
issues important to residents were noted and discussed, and an initial draft plan was later presented. The public's
response to the initial draft included suggestions for edits and showed overwhelming agreement with, or support for,
amended goals, policies and actions.
Additionally, the comprehensive plan update team attended over 35 business and community group meetings, as well
as meetings with representatives of local native tribal councils and corporations to ensure the project would receive a
broad base of opinions and feedback. Local newspapers and radio stations helped keep community members informed
of the project's progress by not only announcing the public meeting dates and times, but by helping residents
understand'the significance of the plan through several front Page articles, editorials and on-air interviews.
The planning commission and assembly held a joint work session on June 15, 2004 to discuss the plan update process
and provide feedback. The planning commission held two additional work sessions on December 13, 2004, and
January 24, 2005, to discuss further plan revisions and continued to provide feedback on subsequent drafts of the
document.
After several revisions to the goals, objectives and implementation actions based on comments from staff, community
groups, planning commission members and public, a final draft plan has been produced. The planning commission will
hold public hearings for this ordinance on March 28, 2005 and April 25, 2005 and their recommendation will be
forwarded tothe assembly. It is the expectation and hope of the planning department and consulting team that the
assembly, planning commission, mayor, borough departments and public will find the 2005 KPB Comprehensive Plan a
useful guide for making decisions regarding borough wide issues.
Three lists of comments and revisions were emailed to the commissioners. They are as follows:
.
Suggested Revisions to KPB Comprehensive Plan Recommended by Staff and Consultant.
Suggested Revisions to KPB Comprehensive Plan Not Recommended by Staff and Consultant.
Suggested Revisions to KPB Comprehensive Plan that Decision Needs to be made by Planning
Commission
There were comments in the desk packet from commissioner Foster that the Planning Commission will need to make
decisions on.
Ms. Cady-Hippchen went to the City of Kenai Council Meeting on May 4, 2005. They decided to withhold their letter of
support until the Planning Commission had made their decision as to the final content of the plan.
A final deciSion needs to be made on the suggested revisions and a recommendation by the Planning Commission on
the adopting Ordinance for the Plan.
END OF STAFF REPORT
Commissioner Martin stated that he did not find' any reference to his suggestions of encouraging and fostering
opportunities for agricultural. Ms. Cady-Hippchen answered that those comments were made during a work sessions
several months ago. They should be in the final document. Commissioner Martin is disappointed that they were not
included. Ms. Cady-Hippchen apologized and stated the commission can make a decision at this meeting to include
them in the plan.
Commissioner Martin asked if he needs to restate those comments or are there notes on his Suggestions. Ms. Cady-
Hippchen asked the Commissioner Martin restate the comments but will also make sure they are in the notes.
KENA! PENINSULA BOROUGH PLANNING COMMISSION MAY 9, 2005 MEETING PAGE 26
UNAPPROVED MINUTES
In the Homer economy section, correct the last bullet to read: "Research and educational facilities including the
expans!on of the local Kenai Peninsula Campus of the University of Alaska, Alaska Islands and Ocean Visitor
Center which houses the Kachemak Bay National Estuarine Research Reserve and the Alaska Maritime
National Wildlife Refuge, the Pratt Museum, and the Center for Alaskan Coastal Studies." (page 3-25)
In the Homer economy section, .add the Lake Clark National: Park and Preserve- offices, and Kachemak Bay
State Park and State Wilderness Park to the bulleted list of facilities. (page 3-25)
Refer to Kachemak as Kachemak City. (page 3-24 and other instances- check)
Page 3-4, 2nd paragraph: Unocal also has a long-term sales contract with Enstar, which should be .reflected.
In referencing the LNG plant you might note that Conoco Phillips is also an owner, I believe the majority owner.
Page 3-5, 1st column: Agrium has purchased natural gas from Aurora but the last sentence is inaccurate, as it
is not sold on a daily basis. It should be rewritten to state "Aurora also produces natural gas which is sold
intermittently to Agrium Kenai Nitrogen Operations."
Page 3-5, 2nd column, .3rd paragraph: Mention that the fertilizer market does sell annually about 6,500 tons of
urea for in-state use, including around 23 tons sold to the City of Kenai.
Page 3-6, 2nd column, 4th paragraph, 8th line: typo "... the second largest copper..."
Page 3-22, 2nd column, 2nd paragraph: Mention is made of the government offices located in Soidotna but the
Kenai Peninsula School District is missing. Please add them to the list.
Chapter 4
· Add this text: "A yoUth detention center in Kenai was completed in 2004-2005. The center is a 10 bed facility
that employs 13 people." (page 4-13)
Check with legal dept to see if the Eastland VFD shOuld be included in this list. It may not be a state recognized
organization. (page 4-23)
Add this text: "As of this writing, expansions to both the central and South Peninsual hospitals were underway to
accommodate increasing health care needs throughout the borough." (page 4-31)
Add the following items to the Kenai Senior ServiCes section of Table 4-5 under the "Additional identif'~d Needs,
Goals" column:
Expand serVices to include care coordination and wellness programs
Support Kenai Senior Connection, Inc. to build assisted living housing
Renovate kitchen
Expand senior housing (page 4-42)
Update Table 4-7 to reflect that the Homer Ice Skating rink is complete. (page 4-66)
Add the following activities to the list in the last full paragraph' "climbing, hiking, kayaking, and wildlife viewing."
(page 4-66)
Check with legal to be sure that the borough really does need a vote of the people to take on parks and
recreation powers. (page 4-67)
Chapter 4, Education, Other Schools and Programs: General comment- The cities offer programs in
conjunction with the schools, like the Community Schools Program offered by. the City of Soidotna. These
should be identified and included in the plan. (recommend general comment to this effect, rather than list of
spec/ftc programs)
Page 4-59, Ist column, Natural Gas: Unocal is also a supplier of gas to Enstar and should be added. Add the
name of the pipeline, Kenai Kachemak Pipeline. Also, the line has been extended to 'Happy Valley.
Page 4-60, 2nd column, Soldotna: The wastewater treatment plan expansion is 90% complete.
Chapter 5
· Correct vertical scale of Figure 5-2. (page 5-10)
· COrrect information about proposed improvements to the Kenai airport. (page 5-29)
· Page 5-10, Figure 5-2: what are the numbers on the left column? My copy only shows 00 and nothing to
reflect what these numbers reflect. Is it traffic volumes?
Page 5-15, 1st column, second line: Ordinance 202-19-17, is this a typo?
Page 5-20, 1st column, second line: reword "The Agrium dock handles fertilizers."
Page 5-27, 1st column, Cook Inlet Ferry, 2nd paragraph, 3rd line: Typo in "Cities"
Page 5-29, 1st column: There is no mention of the floatplane base atthe Kenai Airport. The City of Soldotna
has adopted the master plan for the airport. Delete the sentence "The City of Soldotna has been investigating
options to increase airport revenues to help support this facility."
Page 5-31, 1st column, 1st paragraph: the rest of this paragraph got dropped and there exists an incomplete
sentence.
KENAI PENINSULA BOROUGH PLANNING COMMISSION MAY 9, 2005 MEETING
PAGE 28
UNAPPROVED MI'NUTES
Page 7-42, 2nd column, Regulations, Planning & Monitoring Programs, Federal: Spell out the acronym ESA.
General
· Fix formatting issue so that ali map symbols print correctly.
· Check photos again to ensure no repeats.
· Use photo of Funny River sign somewhere.
· Indicate that goals, objectives and actions are not listed in any priority order.
· UPdate all areas of the plan that refer to the Coastal Management Program to reflect the new regulations and
the revised KPB Coastal Management Plan
VOTE: The motion passed by unanimous consent.
BRYSON CLARK FOSTER GROSS HOHL HUTCHINSON ISHAM
YES ABSENT YES YES YES YES YES
JOHNSON 'MARTIN MASSION PETERSEN TAURIAINEN TROEGER 10 YES
YES YES YES ABSENT YES ABSENT 3 ABSENT
Commissioner JohnsOn expressed confusion on the items not recommended by staff and asked if these items should
not go into the plan. Ms. Cady-Hippchen agreed.
MOTION' Commissioner Johnson moved, seconded by Commissioner Massion to concur with staff on the list of things
they felt not necessary to go into the plan.
Chairman Bryson asked for consideration on the proposed Ordinance 2005-20 so amendments can be made to it.
MOTION: Commissioner Foster moved, seconded by Commissioner Hutchinson to repeal KPB 2.56.005. and
recommend enacting KPB 2.56.006, Adopting the 2005 Kenai Peninsula Borough Comprehensive Plan
Commissioner Johnson asked if the first motion to include the items recommended by staff still valid even though it is
out of sequence. Chairman Bryson asked for it to be repeated.
The motion was repeated: Commissioner Johnson moved, seconded by Commissioner HutchinsOn to add to the
Comprehensive Plan the suggestions on the List of Additions Suggested by Staff.
Commissioner Foster asked if his recommendations were included in the motiOn, that the staff recommended to be
included in the Comprehensive Plan. Commissioner Johnson commented yes, if they are included in the
recommendations by staff. Commissioner Foster commented his'recommendations were in the lay down packet.
Commissioner Johnson determined that he wanted to handle Commissioner Foster's suggestions that were in the lay
down packet separately.
Commissioner Johnson's intention for the motion was to include everything in the Comprehensive Plan that is in the list
of additions suggested by staff.
Chairman Bryson stated that the title of this list is "These Items Recommended by Staff / Consultant" Which is 5 pages.
Commissioner Hohl asked if copies of these lists could be obtained.
Chairman Bryson called for a 5-minute recess at 10:18 .p.m. so staff could copy the lists and distribute to the
Commissioners. Chairman Bryson called the meeting back to order at 10:27 p.m.
Chairman Bryson suspended the rules and the order of the agenda by moving onto Agenda Item G. 1 - Anadromous
Stream Habitat Protection.
KENAi PENINSULA BOROUGH PLANNING COMMISSION MAY 9, 2005 MEETING
PAGE 3O
UNAPPROVED MINUTES
MOTION' Commissioner Johnson moved, seconded by Commissioner Isham to include in the Comprehensive Plan the
language in introduction on the page entitled "Staff requests decision on these items by Planning Commission".
INTRODUCTION
Add the following information to the "Relationship to Other Plans and Ordinances" or "Borough Powers and
Authorities" section:
"The Borough has delegated zoning powers to the incorporated cities of Homer, Kenai, Seldovia,
Seward and Soldotna for land within their boundaries. However, the Borough has not delegated
planning powers to these cities. While the cities create and adopt individual comprehensive plans,
which set the framework for decisions and policies within the. cities, these plans must be adopted by
the Borough. The Cities of Homer, Soldotna, Seward, Seldovia and Kenai have adopted
comprehensive plans. These plans are updated from time to time, by the individual city. After
adoption by the City they are forwarded to the. Borough for adoption by ordinance. After adoption by
ordinance, they are considered as incorporated elements of the bomugh's Comprehensive Plan."
VOTE- The motion passed by unanimous consent.
BRysoN CLARK FOSTER GROSS HOHL HUTCHINSON ISHAM
YES ABSENT i YES YES YES YES YES
,
JOHNSON MARTIN MASSION PETERSEN TAURIAINEN TROEGER 10 YES
YES YES YES ABSENT YES ABSENT 3 ABSENT
CHAPTER 2
Commission Hohl asked if it would be better to support museum across the Peninsula rather than just the Kenai River
Museum. las. Cady-Hippchen stated that this item was brought from the Soldotna Historical Society. She mentioned
that this plan was mainly for the unincorporated areas of the Borough, it seems silly not to support all museums within
the Borough. There was also a discussion of where the logical place would be to put it in the plan. Ms. Cady-Hippchen
suggested that an addition of a Cultural Resources section be added but they didn't want to go that far at this late date.
The consultant acted on the suggestion and provided language by the Soldotna Historical Society created an objective
2. The Planning Commission does have the ability to revise the language.
Commissioner Hohl expressed concem that it is. under Borough programs. It sounds like it is going to be a Borough
owned museum and would be exclusion to the existing museums in other areas of the Borough.
MOTION' Commissioner Johnson moved, seconded by Commissioner Isham to add both bullet points under Chapter 2
in the Comprehensive Plan.
Add an issue to Chapter 2 as follows "'Museum of history and culture. Understanding the borough's past is
essential to planning for its future. Collecting and maintaining: historic and cultural resources that tell the story of the
borough's history is one important way to ensure this. From the First Dena'ina People at the confluence of the
Russian River with the Kenai, to the miners, trappers,' homesteaders, oil field workerS and today's merchants,
commuters, tourists; successive waves of people have lived off the river's bounty and beauty. While many artifacts,
photos and stories have been collected, there is no central space in the borough designated for their storage and
display."
Add an objective (2) and accompanying implementation action (A) to Chapter 2 as follows "Objective 1. Preserve
and display the historic and cultural story of the borough and its people." "A. Support efforts to create a shared
Kenai River Museum in the borough."
Commissioner Johnson is going to vote against the motion. He is a member of the Kasilof Historical Society and reads a
lot of history but doesn't think it f~s there in the plan. If these museums are added then it leads to adding more
museums.
Chairman Bryson called for a roll call vote.
KENAI PENINSULA BOROUGH PLANNING COMMISSION MAY 9, 2005 MEETING
PAGE 40
PRO D MIN'
UNAP U "'
JOHNSON' MARTIN MASSION ! PETERSEN
YES YES YES I ABSENT
TAURIAINEN TROEGER 10 YES
YES ABSENT 3 ABSENT
CHAPTER 4.
MOTION' Commissioner Massion moved, seconded by Commissioner Johnson to approve Chapter 4 (two bullets).
Consider editing action A of Goal 4.6, Objective 1 to not indicate increasing borough funding for senior centers.
(page 4-46)
Under, Goal 4.9, Animal Control' Strengthen Objective 2 needs to clarify if a study (of joint borough/city activities for
animal control) is to be completed and place a timeframe on its completion. (page 4-65) '
Commissioner Foster asked if everyone feels comfortable with Objective 5 in Chapter 3 (bullet 2), "Support the health
care industry..." He asked staff how it would fit in with the rest of the recommendations. Ms. Cady-Hippchen stated
that comments were received from many communities pointing out the importance of mentioning the growing health
'care industry within the Kenai Peninsula Borough. They also had representatives give several comments of existing
conditions, goals and objectives and issues. Some of their comments were included in the plan. This would be very
consistent with what has been heard around the Borough with the process of this update.
It was brought to the attention of the Commission that the motion for Chapter three was not voted on. Ms. Hartley
clarified that the chapter three motion was not voted on.
Commissioner Johnson clarif'~,d that the things left in Chapter three are (1) to reorder the list.of actions in alphabetical!
order and (2) Objective 5 to support the health care industry'.
· Reorder list of actions in Goal 3.1, Objective 5 to put oil and gas exploration closer to the top or alphabetize, list.
(pages 3-30 and 3-31)
Under Objective 5, add an action to "Support the health care industry as an important economic sector." (page
3-31)
Commissioner Johnson stated he would vote in favor of this motion. He supports the University of Alaska that is
mentioned in the next one but commented that it is covered in the next chapter in the public services and facilities
section,.
CHAPTER 3 MOTION VOTE: The motion passed by unanimous consent.
BRYSON CLARK FOSTER GROSS HOHL HUTCHINSON ISHAM
YES ABSENT YES YES YES YES YES
JOHNSON MARTIN MASSION PETERSEN TAURIAINEN TROEGER 10 YES
YES YES YES ABSENT YES ABSENT 3 ABSENT
Chairman Bryson asked for discussion on chapter 4.
Commissioner Gross asked for comment on the changes in Chapter 4. Ms. Cady-Hippchen stated the first bullet is a
suggestion that was received from a current Assembly member. However, the Senior Centers would not be in favor of
this item. The second bullet received several comments of support.
Chai~an Bryson asked for a motion to suspend the rules for termination of the mee.ting and-extend: it 1! 5. minutes.
MOTION- Commissioner Hutchinson moved, seconded by Commissioner Johnson to suspend the rules for termination
of the meeting and extend it 15 minutes.
VOTE: The motion passed by unanimous consent.
BRYSON CLARK FOSTER GROSS HOHL HUTCHINSON ISHAM
YES ABSENT YES YES YES YES YES
JOHNSON MARTIN MASSION PETERSEN TAURIAINEN TROEGER 10 YES
YES YES YES ABSENT YES ABSENT 3 ABSENT
KENAI PENINSULA BOROUGH'PLANNING COMMISSION MAY 9, 2005 MEETING
PAGE 42
UNAPPROVED MINLiTES';
'Commissioner Johnson felt this was an ambiguous thing and will not make a difference by adding this bullet.
Commissioner Hohl stated that is it already in the document. The word enhance is being changed to develop.
Commissioner Johnson asked if this waters it down by making it less. Commissioner Hohl stated that the person who
said this said that they couldn't enhance something they don't have so the word was changed to develop. Ms. Cady-
Hippchen stated that is correct. Commissioner Johnson asked if by adding bullet 2 it would actually develop language
that will do something about junk cars. Ms. Cady-Hippchen stated essentially.
Based upon this information, Commissioner' Johnson withdrew his motion with consensus from the second. Chairman
Bryson asked if there was objection to withdraw this motion. Chairman Bryson so ordered.
MOTION' Commissioner Gross moved, seconded by Commissioner Isham to eliminate the last three bullets of chapter
6.
Goal 6.6, Objective 2, Add an implementation Action that "The borough will work with the cities in the preparation of
land disposal and cl~assification notices when the land abuts or is .in the immediate vicinity of a city's limits." (page 6-
38)'
Add an action that would fund inventorying wetlands in the KPB to determine whether they are Iow or high value,
and pursue developing a wetlands program in the KPB. (page to be determined)
Add an action regarding subdivision plat approval in high hazard areas or other properties that may not be
developable due to physical constraints. (page to be determined)
Commissioner Foster spoke to the fourth bullet. This is Something where there is a lot of controversy but does hear
about it at the City of Homer. He supported this bullet and not supports the motion on that one. The bullet below it
where it talks about inventorying wetlands is already being done and it redundant. There is a concern with the 6th bullet
and asked how staff how it would look like. Ms. Cady-Hippchen stated there is something similar already in the plan that
talks about continuing to work with property owners to discourage subdivision development in areas that are XYZ.
Chairman Bryson suggested the motion that combines 3 bullets be split to be .addressed separately unless there is
opposition.
MOTION' To delete bullet 4.
Goal 6.6, Objective 2, Add an implementation Action that "The borough will work with the cities in the
preparation of land disposal and classification notices when the land abuts or is in the immediate vicinity of a
city's limits." (page 6-38)
Commissioner Hohl and Commissioner Hutchinson objected to this motion.
Chairman Bryson called for a roll call vote.
VOTE: The motion failed by unanimous consent.
BRYSON CLARK FOSTER GROSS HOHL HUTCHINSON ISHAM
NO ABSENT NO YES NO NO YES
JOHNSON MARTIN MASSION PETERSEN TAURIAINEN TROEGER 2 YES
NO NO NO ABSENT NO ABSENT 8 NO
3 ABSENT
MOTION' To delete Bullet 5.
Add an action that would fund inventorying wetlands in the KPB to determine whether they are Iow or high
value, and pursue developing a wetlands program in the KPB. (page to be determined)
COmmissioner Hutchinson asked if this bullet was already in the plan. Ms. Cady-Hippchen stated this is carried out by
other agencies.
KENAI PENINSULA BOROUGH PLANNING COMMISSION MAY 9, 2005 MEETING
PAGE 44
comments.
Chairman Bryson asked if there was objection to the staff requests for decision on items by the Planning Commission.
Hearing no objection, that list is modified as action taken.
Ms. Cady-Hippchen stated them are two items that need to be addressed. (1) The suggestions given by Commissioner
Fostor. (2) The decision as to how to deal with Chapter 5, the adopted Transportation Plan that was done separately.
The Commissioners have an encapsulated version of the Transportation Plan that was written by another consultant.
There are a few people that want to make some. changes and suggestions to Chapter 5. Ms. Cadg-Hippchen referred to
a letter from the consultant' who gave three options for incorporating the Transportation Plan. They are as follows:
C.
Incorporate the entire Transportation Plan into the Comprehensive Plan.
Incorporate the Transportation Plan by reference only, with no detailed informatiOn, goals,
objectives, or implementation actions explicitly included in the Comprehensive Plan.
Incorporate key information from the Transportation Plan in the Comprehensive Plan -
essentially including an abbreviated version of the Transportation Plan as Chapter 5..
The consultant recommended Option C. Ms. Cady-Hippchen is looking for the Planning Commission's decision
regarding the Transportation Plan. She Suggested deferring it to the Assembly.
MOTION' Commissioner Johnson moved, seconded by Commissioner Hutchinson to leave Chapter 5 as it is and allow
the Assembly to make a decision on it.
Commissioner Hohl stated that is one area that she spoke with the consultant about when they developed the
Transportation Plan. She referred to 5.8 Goal, Objective 2 and asked why it is either, or in refocusing on the western
side of the peninsula for ferry service and undermining service in the Borough in Prince William Sound. Commissioner
Hohl still has a problem with that and does not know What to do with it. Commissioner Johnson asked what page
number it was on. Commissioner Hohl Stated 5.25. She doesn't feel that one plan should be pitted against the other.
Ms. Cady-Hippchen suggested that modifications and suggestions be initiated by Ordinance at the Assembly level on the.
Transportation Plan.
Commissioner Hohl asked if this section is verbatim-from the Transportation Plan. Ms. Cady-Hippchen stated that is not
correct. Commissioner Hohl stated that they could add a section in support of maintaining the ferry to Seward. Ms.
Cady-Hippchen stated the Transportation Plan was adopted as a cover-to-cover document. She deferred to Mr. Best for
his comments. Mr. Best stated that it could be added as. an element to the Transportation Plan.. They were, told they
could add it at the time the Comprehensive Plan was developed. Language will need to be added to this chapter to
supplement that. To make changes can be made but will be d~cult to follow I~cause it will be put in this chapter when
referring to a whole another document. It would have to be added as a supplement to the document. Commissioner
Hohl stated there are other items in them that aren't in that document. She stated that this particular item might conflict
with the other document rather than an addition to the other document, Mr. Best stated that is a possibly.
Commissioner Johnson asked Commissioner Hohl for specific language to make a friendly amendment Commissioner
Hohl stated to maintain ferry service in Seward. Commissioner Johnson stated to putit in and see if the commission
votes it up or down..
FRIENDLY AMENDMENT MOTION- Commissioner Hohl moved, seconded by Commissioner Foster to maintain ferry
service to ports historically served by the ferry.
Commissioner Gross doesn't want to see where things are named specific. It' can open a can of worms. She felt it is
better left out.
Commissioner Massion commented that it doesn't help the Peninsula if maintaining service to Seward yet kills Seldovia.
Commissioner Hohl stated she changed it from Seward to ports that historically receive service. Commissioner Isham
commented that the State would probably say where the ferry goes since they will look at it economically if it should stop
at Seward or Seldovia.
MOTION- Commissioner Johnson moved to extend the meeting another 15 minutes. Heating no objection, the meeting
was extended.
' KENAI PENINSULA BOROUGH PLANNING COMMISSION MAY.9, 2005 MEETING
PAGE 46
upgrades in streets, culverts and bridges will be designed to protect or minimize adverse impacts of flooding or erosion
to neighboring properties or resources.
Chairman Bryson opened discussion among the commissioners.
Commissioner Foster stated the first one that was being proposed came up at the Floodplain workshop, ltwas identified
as a priority and voted on. The City of Homer introduced it into their Transportation Plan. He asked staff to comment on
this. He stated that if DOT is going to come in and do repair work in a flood zone then they would, have to upgrade to the
100 year flood. Mr. Mohorcich commented that the current policy for DOT is to' design to the '50-year floodplain. They
do ask that they consider the 100-year floodplain in most projects they get involved in. Mr. Mohorcich felt it would be
wire to start looking at the longer goals and design to the 100 year floodplain.
Chairman Bryson asked if 1% flood event is typical. Mr. Mohorcich stated it was a little different since they usually use
the 100-year.flood event. Chairman Bryson asked the 1% of what. Mr. Mohorcich stated the chance of it oCcurring in
any one given year. Chairman Bryson asked if this was proposing that streets and culverts have a 100-year
reoccurrence interval. Mr. Best stated that it is in the areas that are mapped. The 1%. floOd'area is the definition for the
100-year floodplain. The 100-year flood is the. 1% chance. The Borough looks at all activities within the 100 year / 1%
chance, area in the River Center permitting process.
Commissioner Martin clarified that the statistical probability that, that much water would come in one given year is
confusing for the public since they think it hasn't been 100 years since they've had this flood. They think they are safe.
There could be a 100-year flood three years in a roll. Commissioner Johnson stated that the amount of upgrading
between the 50-year floodplain culvert and the 100-year floodplain is much less significant than when the road washes
out and starts over. He felt this is a very wise statement to have in. the plan.
Commissioner Gross felt that this is micromanaging again like telling them where to put the ferries. She. hoped the
engineers and the people working on the roads would make the right choices.
Chairman Bryson stated that typically drainage structures are a function of the value of the property that is being
prot~ted. He felt that broad determinations of any upgrades to streets, culverts and bridges could be broadly
interpreted. It is not the intent of ali road construction to have design requirements to design to 100-year standards.
Commissioner Johnson commented it states to accommodate to the 1% flood event and not asking that roads last 100
years. He will be voting in favor of this motion.
AMENDMENT MOTION- Commissioner Foster moved to eliminate the other blue ones so they don't have to discuss
them too much more. DUE TO A LACK OF A SECOND THE AMENDMENT MOTION DIED.
Commissioner Johnson stated he seconded the original motion only for the first proposed suggested change.
(CLERK'S NOTE: There was discussion that Commissioner Foster's original motion only included the Goal 5.2 addition.
Upon listening to the recording, his motion included all the proposed suggestions marked in blue.)
Chairman Bryson called for a roll call vote.
VOTE: The motion passed by majority consent.
BRYSON CLARK FOSTER GROSS HOHL HUTCHINSON ISHAM
NO ABSENT YES NO YES YES YES
JOHNSON MARTIN MASSION PETERSEN TAURIAINEN TROEGER 7 YES
YES YES YES ABSENT NO ABSENT 3 NO
3 ABSENT
Commissioner Hohl referred to Goal 7.2, Objective 2 (F) that States "Consider expanding the list of anadromous fish-
bearing streams and rivers subject to riparian area protection." She would like to add EG, Eastern .Peninsula to the list.
MOTION- Commissioner Hohl moved, seconded by Commissioner Johnson to move add EG, Eastern Peninsula to, the
list: on page 7-22:; Goal 7.2, Objective (F).
KENAI PENINSULA BOROUGH PLANNING COMMISSION MAY 9, 2005 MEETING
PAGE 48
U NA?PR. O'V MiiiU' .
NAI PENINSULA BOROUGH
144 N. BINKLEY · SOLDOTNA, ALASKA · 99669-7599
BUSINESS (907) 262-4441 FAX (907)262-1892
·
May 12, 2005
Linda L. Snow, Kenai City Manager
210 Fidalgo Avenue,
Kenai, Alaska 99611-7794
Re: KPB Comprehensive Plan
Dear Linda,
Thank you for providing review comments on the draft Kenai Peninsula Borough
Comprehensive Plan. We value your comments and involvement in the process. All
comments as presented by memo from Marilyn Kebschull were approved by the KPB
Planning Commission at their regular meeting of May 9, 2005 for incorporation into the
Plan. Additionally, the suggested replacement language for the Alaska Regional Aircraft
Fire Training Facility will be added. The map revisions requested by letter dated
December 3, 2004 from Carol Freas on behalf of Mayor Porter have been corrected.
As required by State Statute the KPB Planning Commission submitted a final draft to the
Assembly for review and consideration for adoption. The KPB Assembly will hold the
second of two scheduled public hearings on May 17, 2005 on Ordinance 2005-20, an
ordinance adopting the 2005 Kenai Peninsula Borough Comprehensive Plan.
Once again, thank you for your continued cooperation in making the Kenai a great place
to live.
DALE BAGLEY
MAYOR
Sincerely,
Max J. Be~
Planning Director
210 Fidalflo Avenue, Kenai, Alaska 99611-7794
Telephone: 907-283-7535/FAX: 907-283-3014
KENAI. ALASKA
M
MO:
TO:
Linda L. Snow, City Manager
FROM:
Marilyn Kebschull, Planning Administrator
THRU'
Jack La Shot, Public Works Manager
DATE' May 26, 2005
SUBJECT' Kenai Peninsula Borough Comprehensive Plan Review
It is my understanding at the last City Council meeting that Council asked staff to
review the changes the Borough included in the final draft of the Kenai Peninsula
Borough Comprehensive Plan that the Borough Assembly is considering. And, a
review of the Plan's recommendation to expand the riparian area buffer zones
from 50 feet to 100 feet for anadromous fish-bearing streams and how that may
affect the City of Kenai. Acting City Manager Kopp asked me to provide
information to you regarding these requests.
I conducted a general overview of the changes identified in the memorandum to
the Assembly dated May 16, 2005. I specifically reviewed any changes related
to the City of Kenai. The comments addressed in my memo to you dated
April6,2005 were addressed and corrections/additions were made as
recommended with the following exceptions:
Page 4-66, Table 4-7, they did not incorporate the two additions
relating to the Kenai City Parks and Recreation facilities.
On Page 6-27 in the "Erosion" section, there is still no mention of
the Kenai bluff erosion or the bluff erosion project.
Under the "Water Quality" section of the Plan, on Page 7-22, Goal 7.2, Objective
2 states, "To minimize negative impacts of water quality from dredging, filling,
and grading in water bodies, wetlands, and intertidal areas." Two items included
Kenai Peninsula Borough Comprehensive Plan Review
Page 2
as Implantation Actions under this objective may have future
development within the City of Kenai. They are,
impact on
E.
F,
Consider expanding riparian area buffer zones from 50 feet to 100
feet for anadromous fish-bearing streams.
Consider expanding the list of anadromous fish-bearing streams
and rivers subject to riparian area protection.
Item E would have an affect on all properties currently regulated by KPB Chapter
21.18- Anadromous Streams Habitat Protection. This is the ordinance that
restricts certain types of development within 50 feet of a protected stream and
requires permitting through the Borough for such development. Section
21.18.060 of the Borough's ordinance identifies prohibited activities within the
zone. Activities are described as, "no building, construction, filling, excavation,
major clearing of vegetation, commercial recreational uses, or activity which
results in significant erosion or damage to riparian habitat, or results in or
increases ground water pollution, can be conducted except when specifically
allowed under KPB 21.18.070, or when a conditional use permit has been
issued." If the protection were increased to 100 feet, development on properties
currently regulated by the ordinance would be restricted in twice the area.
Item F could also affect development in the City. Currently, there are two bodies
of water within the City of Kenai covered under the Borough's ordinance, the
Kenai River and Beaver Creek. If the ordinance was expanded to include Boat
Launch Creek and No Name Creek, the areas within the City of Kenai covered
under the ordinance could increase dramatically.
It is my opinion that either increasing the protection zone or including additional
streams may have a dramatic effect on properties abutting streams covered
under the ordinance.
Kenai Peninsula Borou.qh
Planning Deparlment
144 North Binkley, Soldotna, AK 99669
(907) 262-4441 'Fax (907) 262-8603
MEMORANDUM
To: Gary Supemmn, Assembly Pt~ident
AsSembly Members
't~u~u: Dale Bagley~ Borough Mayor ~)t~
Thru: Max Bes~, Planning Direc~r c~
From: Crista Cady Hippchen, Planner.
Da~e 5/16/2005
RE: KPB Planning Commission Amendments to Draft 2(I)5 KPB Compmhmsive Plan
Attached is a chapter-by-chapter list of items approved by the Planning
Commission for inclusion in the final draft document at the May 9, 2005
Comprehensive Plan public hearing. These items are now a part of the draft
document under consideration for adoption by KPB Ordinance 2005-20.
Items approved by KPB Planning Commission
at May 9, 2005 public hearing
for inclusion in
2005 KPB Comprehens~ e Plan- Final Draft
Introduction
· Page 4: Add a bullet to include "Comprehensive plans of the inco~orated cities" to
the list at the start of the pa ge.
Chapter 1
· Page 1-3: Add the following sentence to the Assessing section, "State statute (29.44-
110) requires that assessments be at current market value."
· Page 1-18: Add the following text to the 'first full paragraph on this page, "The
Borough has delegated zoning .powers to the incorporated cities of Homer, Kenai,
Seldovi& Seward and Soldotna for land within their boundaries. However, the
Borough has not delegated planning powers to these cities. W~e the cities create
and adopt individual comprehensive plans, which set the framework for decisions
and policies within the cities, these plans must be adopted by the Borough. The
Cities of Homer, Soldotna, Seward, Seldovia and Kenai have adopted
comprehensive plans. These plans are updated from ~me. to ~me, by the individual
city. After adoption by the City they are forwarded to the Borough for adoption by
ordinance. After adoption by ordinance, they are considered as incorporated
elements of the borough's Comprehensive Plan."
· Page 1-22: Add a description of the Port Graham tribal organization and community
(similar to descriptions for other tribal organizations), to include the approximate
number of tribal members, governance structure location and number of acres of
tribal land, and facilities and services provided to tribal members.
· page 1-26: Revise the' first sentence of the "Notification of Borough or Other
Decisions and Actions" statement to read, "AdeqUate notification, communication
and opportunities to comment on borough decisions is important..."
Page 1-30, Objective 7: Add a new Implementation Action D, "Create and maintain a
We~based version of the Comprehensive Plan with links to related documents,
including the Plan's Implementation Matrix." ~..
Chapter 3
· Page 3-4, 1't paragraph reference to the LNG plant add,
"of which Conoco Phillips
the majority owner."
Page 3-4, 2~a paragraph, add, "Unocal also has a long-term sales contract with
Enstar."
Page 3-5, 1't column, last sentence, Revise to read, "Aurora als° produces natural gas'
which is sold intermittently to Agrium Kenai Nitrogen Operations."
Page 1 of 6
Page 3-5, 2nd column, 3rd paragraph, add, "The fertilizer market sells
approximately 6,500 tons of urea annually for in-state use, including around 23 tons
sold to the City of Kenai.
Page 3-13: Add the Kenai River Festival and Kenai 4~ of July Festival to the list of
tourism events.
Page 3-13: Add the Homer Kayak Festival to the list of tourism events.
Pages 3-14 to 3-15: Edit the description of the Russian and Kenai River fisheries to
eliminate the word "return" and make those sections more readable."
Page '3-14: Add, "The Alaska Islands and Ocean Visitor Center is a state-of-the-art
interpretive, education, and research facility based on a partnership between the
Kachemak Bay National Estuarine Research Reserve and the Alaska Maritime
National Wildlife Refuge. The facility and its programs are dedicated to the
understanding and conservation of the marine environment through research,
monitoring, education, and outreach. In its first year of operation (2004), the Visitor'
Center hosted more than 75,000 guests."
Page 3-18: Replace the language describing PRISM with the following text, "The
Alaska Regional Aircraft Fire Training Facility opened in May, 1998. Called the
Pacific Rim Institute of safety Management (PRISM), it provides airport, structural
and industrial firefighter schools. Operated by a private firm and owned by the City
of Kenai, the Center is a $13 million dollar, facility serving Alaska, Canada and the
Pacific Rim."
Page 3-22: Edit the first sentence under the "Soldotna" paragraph heading to read,
"The City of Soldotna is located on the Kenai River, 10 miles inland from Cook Inlet,
10 miles south of Kenai and 145 miles from Anchorage."
Page 3-22: Include under the "Kenai" section, "The Kenai personal use fishery
Provides the area with significant economic benefits."
Page 3-22: Delete paragraph about youth detention center in Kenai.
Page 3-22: Add the Kenai Peninsula School District to the description of government
offices located in Soldotna.
Page 3-23: Revise location of Sterling to be 10 miles east of Soldotna instead of 18
miles east of Kenai.
Page 3-25: Change last sentence in paragraph about Anchor Point economy to read,
"Gravel extraction and construction are major industries in the Anchor Point area."
Page 3-25: In the Homer economy section, revise the last bullet to read, "Research
and educational facilities including the expansion of the local Kenai Peninsula
Campus of the University of Alaska, Alaska Islands and Ocean Visitor Center which
houses the Kachemak Bay National Estuarine ResearCh Reserve and the Alaska
Maritime National Wild_life Refuge, the Pratt Museum, and the Center for Alaskan
Coastal Studies."
Page 3-25: In the Homer economy section, add the Lake Clark National Park and
Preserve- offices, and Kachemak Bay State Park and State Wilderness Park to the
bulleted list of facilities.
Page 2 of 6
· Page 3-24: (and other instances) Refer to Kachemak as Kachemak City where
appropriate.
· Page 3-32: Goal 3.1, Objective 5, add new Implementation ActiOn L, "Support the
health care industry as an important economic sector."
· Page 3-32: Goal 3.1, Objective 5, alphabetiz~ Implementation Actions.
Chapter 4
· Page 4-12 or 13: Add, "A youth detention center in Kenai was completed in 2004-
2005. The center is a 10 bed facility that employs 13 people."
Page 4-23: Check with legal dept to see if the Eastland VFD should be included in
this list. It may not be a state recognized organization. - (Verified as of 5/9/05)
· Page 4-31: Add, "As of this writing, expansions to both the Central and South
Peninsula hospitals were underway to accommodate increasing health care needs
throughout the borough."
· Page 4-42: Add the following items to the Kenai Senior Services section of Table 4-5
under the "Additional identified Needs, Goals" column:
~ Expand services to include Care coordination and wellness programs
)~ Support Kenai Senior Connection, Inc. to build assisted living housing
~ Renovate kitchen
~ Expand senior housing
Page 4-66' Update Table 4-7 to reflect that the Homer Ice Skating rink is complete.
Page 4-66: Add the following activities to the list in the last full paragraph:
"climbing~ h/king, kayaking, and wildlife viewing."
Page 4-4: Identify that the Community Schools Program is offered by the City of
Soldotna.
Page 4-59: Add to Natural Gas section that Unocal is also a supplier of gas to Enstar.
Add the name of the pipeline, Kenai Kachemak Pipeline and that the line has been
extended to Happy Valley.
Page 4-60: Revise to say that Soldotna's wastewater treatment plan expansion is
90% complete.
Chapter 5
· Page 5-6: Goal 5.1, Objective 1, add a new Implementation Action E, "Design
upgrades to streets, culverts and bridges (new and old) to accommodate the 1%
flood event to protect or minimize adverse impacts of flooding or erosion to
neighboring properties or resources."
· ' Page 5-20: Reword 1st column, second line to say, "The Agrium dock handles
fertilizers."
Page 5-29: Correct information about proposed improvements to the Kenai airport.
page 5-29: Mention of the floatplane base at the Kenai Airport, that the City of
Soldotna has adopted the master plan for the airport, and delete the sentence, "The
Page 3 of 6
City of Soldotna has been investigating options to increase airport revenues to help
support this facility."
Page 5-36: First paragraph, mention of the 1990 flood in Kenai and Seward.
Chapter 6.
· Page 6-32: Add a sentence to the "Natural Hazards" issue description to read:
"Erosion of shoreline banks and areas with steep slopes is an issue in the central
Peninsula (Kenai and Nikiski areas) and southern Peninsula (Homer area)."
Page 6-33: Add a new issue related to cooperation among incorporated cities and the
Borough, ."Growth and Development Adjacent to Incorporated Cities. .The
incorporated cities of the borough exercise their zoning powers to direct land use
development within their boundaries, .as well as offer services such as police
protection and the provision of public utilities. Land use development immediately
adjacent to the incorporated cities has an impact on the neighboring city. Areas
contiguous to the incorporated cities are experiencing growth and development.
The Borough and the cities will be able to collectively address these issues more
effectively by working together to address development in these areas and facilitate
harmonious growth and minimize negative impacts to neighboring properties."
· Page 6-2: In State Land section add, "The Borough worked extensively with the State
of Alaska in the development of the Kenai Area Plan which was adopted in 2001."
· Page 6-12: Add to 1st column, Floodplain Management, "The Kenai Peninsula
Borough participates, in FEMA's Community. Rating System Program and has been
classified as an 8."
Page 6-13: Add to Anadromous Streams Habitat Protection, "The ordinance was
originally adopted following the 1995 Kenai River flood to address development
along the Kenai River and was then expanded in 1999 or 2000 to cover other
anadromous rivers/streams in the Borough."
Page 6-16: Add to 2nd column, 3rd line, "The Spruce Bark Beetle Task Force was
created by the borough with funding provided by the U.S. Forest Service."
Page 6-16: Add to 2nd column, Private Land, "Cook Inlet Tribal Council (CITC) is
involved in an extensive reforestation/restoration program on CI~ and Ninilchik
Native Corporation lands."
Page 6-29: Add to 1st column, "Mt. Spurr eruptions have also impacted the Kenai
PeninsUla Borough."
· Page 6-3 5' Add new Goal 6.2, Objective 1, Implememation Actions A and B, "Goal 6.2: To
support eff'o~s to foster responsible agricultural growth and diversity in the Kenai Peninsula
Borough. Objective 1' To promote greater understanding and appreciation of human
interaction and impact on the ecological systems found' in the Borough. A. Support
pursuits to develop economically viable agricultural leases on borough land.
B. Encourage ecologically sound agricultural educational opportunities within the
Borough.
· Page 6-37: Goal 6.5, ObServe 1, revise Implementation Action D to read, "Improve
regulation of specific land uses and types of land, including gravel pits, floodplains,
correctional facilities, manufactured home parks, steep slopes, and coastal beach and
Page 4 of 6
shoreline bluffs per Borough Ordinance (Chapter 21) to protect or minimize adverse
impacts of flooding or erosion to neighboring properties or confli~ with
surrounding land uses."
· Page 6-38: Goal 6.5, Objective 1, revise Implementation Action E to read, "Improve
borough requirements to review and regulate gravel pits to ensure protection of the
public health and safety and to reduce or minimize adverse impacts of flooding or
erosion to neighboring properties or resources."
· Page 6-38: Goal 6.5, Ol~ective 1, modify Implementation Action F to replace
"Enhance" with "Develop".
· Page 6-38: Goal 6.5, Objective 1, add new Implementation Action G, "Write borough
regulations to address adverse impacts of ~unkyards and abandoned or dangerous
struchn~ or other ~unk equipment."
· Page 6-38: Goal 6.6, Obiective 1, revise Implementation Action C to read, "Continue
to use an integrated approach to address impacts on water quality/quantity of
subdivision development, gravel extraction, road constmctSon, shoreline armoring,
and other land development and use ac'dvities.'
· Page 6-38: Goal 6.6, O~ective 1, revise Implementation Action D to read, "Work
with property owners to minimize development impacts on wetlands, coastal shores
and bluffs, riparian areas, and wildlife and their corridors and essential habitats by
encouraging siting of structures to avoid impacts on these resources."
· Page 6-38: Goal 6.6, Oblective 1, revise Implementation Action F to read, "Identify
_sources that offer incentives for developers to set aside sensitive areas and open
areas to serve as open space, conservation or natural areas."
· Page 6-38: Goal 6.6, Objective 1, add new Implementation Action G, "Support efforts
to minimize adverse impacts of flooding or erosion to protect neighboring
properties or resources."
Chapter 7
· Page 6-33: Second column, CZM bullet, delete second sentence regarding Borough's-
role in CZM program.
· Page 7-14: Include the Oil Pollution Act of 1990 (OPA'90) in section on Federal
regulations.
· Page 7-15: Complete the sentence in the 1st column, 2nd paragraph, 5th line, "The
Kasflof AMSA River Plan was adopted in 1989 and the Port Graham Plan was
adopted in ."
· Page 7-19: Revise language in Changes in CZM issue to, "Recent state legislation has
shifted 'a significant portion of the enforcement policy of Coastal Zone Management
Programs to state agencies, resulting in less local control of resources by the
borough. Many residents support stronger coastal zone management regulations."
· Page 7-20: Goal 7.1, Objective 2, add new Implementation Action D, "Codify the
Coastal Zone Management program to ensure its continuation."
· Page 7-21: Include, "and cities" in Objective 1, Implementation Actions A, B, and D.
· Page 7-~: Goal 7.2, Objective 2, revise Implementation Action F to say, "...e.g., the
Eastern Peninsula."
Page 5 of 6
· Page 7-23' Under Sources of Pollution and Impacts, revise to say that there are four
industrial facilities in Nikiski.
· Page 7-26: Goal 7.3, Objective 2, add new Implementation Action C, "Investigate
acquisition of a portable, efficient wood burner to be used at the landfill and solid
waste transfer sites, or other areas deemed appropriate."
· Page 7-44: Revise language under "Issues" heading to say, "Issues related to brown
bears, migratory birds and bald eagles were identified during public meetings
conducted and through public comments received as part of the Comprehensive
Plan update process. They include the following:"
* Page 7-45: Add new issue, "Protection of bald eagles and migratory birds. Bald
eagles and migratory birds are protected under federal statut~3s, including the Eagle
Protection Act and Migratory Bird Treaty Act. The US Fish and Wildlife Service
urges local governments and property owners to avoid actions that harm these
species or their habitat and note that such actions can result in criminal or civil
penalties."
· Page 7-46: Goal 7.8, Objective 1, add new Implementation Action B, "Encourage
adoption of development regulations that would encourage use of bear-proof
garbage containers."
General
,,
Fix formatting issue so that all map symbols print correctly.
· Check photos again to ensure no repeats.
· Use photo of Funny River sign somewhere.
· Indicate that goals, objectives and actions are not listed in any priority order.
· Update all areas of the plan that refer to the Coastal Management Program to reflect
the new regulations and the revised KPB Coastal Management Plan
· Correct all type-o's
Page 6 of 6