M E M O R A N D U M

To: Ronald Drathman, Assembly President

Kenai Peninsula Borough Assembly Members

Thru: Mike Navarre, Borough Mayor

Lisa M. Parker, Planning Director

From: Max J. Best, Borough Surveyor

Date: May 10, 1999

Subject: A resolution classifying the NE¼NW¼, Section 15, T6S, R14W, Seward Meridian, Alaska, containing 40.00 acres more or less as Light Industrial.

The borough was approached by Clif Shafer, a landowner in Anchor Point, for a potential land exchange involving the subject borough land. Pursuant to KPB Chapter 17.10.090, borough land must be classified before interest in land can be disposed. If the exchange is authorized, Mr. Shafer intends to use the land for stockpiling sand and gravel.

The borough has received a State patent for the land proposed for classification. This land is located in the Homer area adjacent to the Homer baling facility and more particularly described as the NE¼NW¼, Section 15, T6S, R14W, Seward Meridian, Alaska, containing 40.00 acres more or less.

The subject parcel is undeveloped. Surrounding land use includes residential, commercial, institutional, and undeveloped land. Portions of the property contain wetlands. Most of the parcel is affected by spruce bark beetle infestation. The northerly extension of Maintenance Street right-of-way could provide dedicated access.

Pursuant to KPB Chapter 17.10.080 public notice was published and notification was sent by regular mail to all owners and/or leaseholders of record within one-half mile of the proposed classification. Notice was also sent to all KPB agencies. The notice consists of a cover letter, map, and list of land classification definitions.

Comments were received from the following agencies:

KPB Solid Waste Department expressed concerns about maintaining an undeveloped buffer area around the landfill [Homer baling facility] and the possibility of land use conflicts if the parcel is sold into private ownership. (See memorandum dated March 11, 1999 from Catherine Mayer)

KPB Coastal Management staff stated that with the deed restrictions [per Ordinance 99-17] and possible trail easement, the classification and exchange are consistent with Coastal Management Program enforceable policies. (See memorandum dated March 19, 1999 from Glenda Landua)

KPB Trails Commission recommends the Borough retain easements for existing trails. (See memorandum dated April 10, 1999 from Kenton Bloom)

Other agencies stated no objection.

The Kachemak Bay Advisory Planning Commission held a public meeting April 8, 1999 and passed a motion to recommend a Light Industrial classification with a variance to accommodate gravel storage. The Kachemak Bay Advisory Planning Commission held a public meeting April 22, 1999 and passed a motion to rescind its actions of April 8, 1999, pertaining to KPB Ordinance 99-17 and passed a motion to recommend that no classification or conveyance of property as outlined in KPB Ordinance 99-17 take place until all public processes involved in rewriting the comprehensive plan and land classification are complete to avoid potential incompatible land uses.

The Planning Commission held a public hearing April 12, 1999 and voted on a motion to recommend adoption of the resolution to classify the 40.00 acre Borough parcel as Light Industrial with a variance to allow material stockpiling and related activities including crushing, sorting, and the operation of heavy equipment. The motion passed by a vote of 10 to 1.

The Planning Commission also voted on a motion, as modified by friendly amendment, to recommend enactment of Ordinance 99-17, authorizing subject parcel for a land exchange with Clif Shafer. The motion passed by a vote of 9 to 2.