MEMORANDUM

TO: TIMOTHY NAVARRE, ASSEMBLY PRESIDENT

MEMBERS OF THE KENAI PENINSULA BOROUGH ASSEMBLY

THROUGH: DALE BAGLEY, BOROUGH MAYOR

THROUGH: ROBERT BRIGHT, PLANNING DIRECTOR

FROM: RACHEL CLARK, PLANNER

SUBJECT: ORDINANCE 2001-18

With the attached Resolution 2001-09, the Planning Commission requests the Mayor sponsor Assembly Ordinance 2001-18, which modifies the Voluntary Permit Conditions for Conditional Land Use Permits. These changes were recommended by the Planning Commission at their March 12, 2001 meeting.

After processing several Conditional Land Use Permits for Sand, Gravel or Material sites, the Planning Commission concluded that the Voluntary Permit Condition procedures of KPB 21.26 are exceedingly difficult to implement. Currently, KPB 21.26 requires mutual agreement between the permittee and a majority of property owners within a � mile radius of the proposed material site. In some cases, the number of property owners has been several hundred individuals. Because KPB 21.26 also requires the Planning Director to schedule a public hearing on the permit within 21 days of receipt, it is often difficult to get approval from this number of individuals prior to hearing.

The Planning Commission believes the process will be simplified if the permitee and the Planning Commission can agree to Voluntary Permit Conditions. Prior to approval, the Planning Commission will be required to make a specific finding that these conditions will be in the best interest of the Borough and surrounding property owners.

The Planning Commission respectively requests Assembly consideration of this matter.