MEMORANDUM

TO: Timothy Navarre, Assembly President

Members, Kenai Peninsula Borough Assembly

FROM: Dale Bagley, Mayor

DATE: May 24, 2001

SUBJECT: Ordinance 2001-20 amendment KPB Chapter 21.18 to exclude Poacher's Cove Subdivision parcels from the habitat protection area

In 1996, the borough assembly enacted KPB Chapter 21.18 which created a habitat protection area extending back 50 feet from the Kenai River. This was subsequently amended to include numerous other streams located in the Kenai Peninsula Borough. The purpose of this is to protect the salmon spawning and rearing habitat along the affected streams.

Poacher's Cove is a subdivision that was approved long before the enactment of this ordinance. The lots in Poacher's Cove Subdivision that are included in the 50-foot habitat protection area are substantially developed and the vast majority of those lots fall entirely within the 50-foot habitat protection area. This subdivision was created for recreational purposes. The lots are very small and only large enough to accommodate minimal improvements. Virtually no vegetation exists in the Poacher's Cove subdivision. This was the situation long before Chapter 21.18 was enacted, and, accordingly, most of the uses in this subdivision were grandfathered in. Since the enactment of this ordinance, a significant amount of administrative time has been consumed with attempting to determine potentially acceptable means of obtaining permits to allow uses otherwise not allowed under KPB Chapter 21.18. Considering the relatively small portion of the river affected by this subdivision and the significant ongoing administrative time and effort it requires, the assembly is respectfully requested to exclude Poacher's Cove Subdivision from the habitat protection area.

Thank you for your consideration.