MEMORANDUM

TO: Pete Sprague, Assembly President

Members, Kenai Peninsula Borough Assembly

THRU: Dale Bagley, Mayor

FROM: Max Best, Planning Director

John Mohorcich, Planner

Colette Thompson, Borough Attorney

Holly B. Montague, Assistant Borough Attorney

DATE: April 22, 2004

SUBJECT: Ordinance 2004-14 amending KPB 21.18.080 to increase authorized conditional use permit terms from two years to six years

As currently written, KPB 21.18.080 authorizes the issuance of one-year conditional use permits for activities that are otherwise prohibited within the habitat protection area, provided they meet the criteria set out in that ordinance. The planning director is authorized to extend these permits by one year. The Kenai River Center has on occasion been asked to issue permits for periods much greater than one year with a one-year extension due to the complexity of the proposed project. For example, the bridge crossing the Kenai River will require a conditional use permit of at least a four-year period based upon the project timeline. Occasionally, property owners with significant amounts of property fronting the river also request permits of a longer time period, as the nature and complexity of the project will require more than two years to complete. This ordinance would authorize the planning commission to extend the deadline for a maximum of six years from the date of permit issuance. It requires the planning commission to make findings in support of a permit term or an extension greater than the initial two-year period to ensure that the extension is consistent with the intents and purposes of KPB 21.18.010, which provides:

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 manner while recognizing private property rights and providing cities 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 conflicts between those regulations and this ordinance.

Your support of this ordinance would be appreciated.