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HomeMy WebLinkAboutResolution No. PZ2015-10CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ15 -10 CONDITIONAL USE PERMIT A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI GRANTING A REQUEST FOR A CONDITIONAL USE PERMIT FOR THE CONSTRUCTION AND OPERATION OF A GRAVEL PIT FOR THE EXTRACTION OF NATURAL RESOURCES. APPLICANT: GREG DUGGAN AND TOM REESE ADDRESS: P.O. Box 42, Kenai, Alaska 99611 & 49820 Leisure Lake Drive, Soldotna, Alaska 99669 PROPERTY ADDRESS: 503 CHILDS AVENUE LEGAL DESCRIPTION: NW '/4 SE '/ Section 4, Township 5 North, Range 11 West, Excluding Jaynes Subdivision, Seward Meridian KENAI PENINSULA BOROUGH PARCEL NUMBER: 04935007 WHEREAS, the City of Kenai Planning and Zoning Commission finds: 1. That an application meeting the requirements of Sections 14.20.151, 14.20.152, 14.20.154, and 14.20.155 of the Kenai Municipal Code has been submitted and received on April 15, 2015; 2. This request is located on land zoned as Heavy Industrial 3. That a duly advertised public hearing as required by Kenai Municipal Code 14.20.153 was conducted by the Commission on May 13, 2015 and May 27, 2015. 4. The Planning & Zoning Commission has found that the applicant has demonstrated with plans and other documents and has found which are a prerequisite to issuance of a Conditional Use Permit have been met, as follows: CONDITIONAL USE PERMIT FINDINGS Kenai Municipal Code (KMC) 14.20.154 details the intent and application process for the issuance of a Conditional Use Permit for the Surface Extraction of Natural Resources. The code specifies that based on the submitted Conditional Use Permit application, site plan and supplemental information filed, the Commission shall make a determination as to whether each of the below findings have been satisfied prior to the issuance of the permit. The criterions are: 1. The application is in substantial compliance with the requirements of this chapter. Chapter 14.20.151 details the submittal requirements for a Conditional Use Permit to allow for the Surface Extraction of Natural Resources. As required by KMC 14.20.151, the applicant has submitted a proposed site plan, drawn to scale which shows the location of the proposed 3 -acre sand and gravel extraction material area with contours shown at 4 -foot intervals after excavation. The applicant does not propose to construct any buildings or structures as a part of the proposed sand and gravel permit application, therefore, buildings or structures are not shown on the site plan. It is noted as required in KMC 14.20.151(d) that the applicant is the property owner. It should also be noted, however, that the Operator owns the adjacent parcel to the south which is approximately 2.7 -acres in size. The operator does plan to construct a commercial storage building for the storage of construction equipment used in the operator's daily business activities. The Operator has proposed to reconfigure and is presently in escrow to purchase the subject approximately 5 -acre portion of the larger 30 -acre parcel which would contain the sand and gravel material area by submitting a Preliminary Plat application (PZ15 -13). The Plat would subdivide the subject parcel (KPB Parcel No. 04935007) with the parcel owned by the operator (KPB Parcel No. 04935010). The applicant has shown the location of the proposed driveway off of Childs Avenue which would be used by trucks and equipment to access the subject material area. Also as required in KMC 14.20.151 the applicant has demonstrated the location of all mapped wetlands and shown the location of the existing vegetation via an aerial photograph of the subject site. Lastly, the applicant has submitted the necessary information in the form of a project narrative and supplemental information on the site plan as required in KMC 14.20.151(b). Pursuant to KMC 14.20.151(c) the applicant will be required to obtain and submit all necessary outside agency permits or submit proof that a permit is not required, from the appropriate State and Federal Agencies prior to issuance of the Conditional Use Permit. To comply with the above code requirements, the applicant has submitted a copy of a Letter of Intent that will be submitted to the State of Alaska, Department of Natural Resources. This Letter is required because the proposed Gravel Pit would less than 5 acres of disturbed area and less than 50,000 cubic yards of material and less than 5 acres of unreclaimed area. Furthermore, staff has spoken with the Army Corps of Engineers and it has been determined that a permit to remove the material from the mapped wetlands and deposit it in uplands in not required for the proposed project. Therefore, the application is in substantial compliance with the requirements of KMC 14.20.151. 2. The boundaries of the proposed excavation at it greatest dimensions, including back slopes, are at least two hundred feet (200) from any public right -of -way and at least one hundred fifty feet (150) from other surrounding property lines, except that adjoining permitted surface extraction of natural resources sites are not required to maintain the above one hundred fifty feet (150) excavation between sites. Pursuant to KMC 14.20.154(a)(1) the boundaries of the proposed sand and gravel excavation at its greatest dimensions, including back slopes, would be need to be at least two "hundred feet from any road or public right -of -way and at least one hundred fifty feet from other surrounding property lines, except that adjoining permitted surface extraction of natural resources sites are not required to maintain the above one hundred fifty feet excavation between sites. As proposed, the sand and gravel excavation site would comprise an area of approximately 3- acres. Given the relatively small excavation area, the applicant has requested a Variance Permit (PZ15 -11) to allow the required setbacks to be reduced. As shown on the submitted site plan, the applicant has proposed a setback of 80 feet from the present western property line and edge of the Right -of -Way of Childs Avenue (where 200 feet is required), 50 feet from the northern property line (where 150 feet is required) and 15 feet from the southern property line (where 150 feet is required). The new right -of -way is being required as part of the proposed Preliminary Plat (PZ15 -13) to combine the western approximately 5 -acre portion of the subject parcel with the adjacent parcel to the south, owned by the operator creating an approximately 8.4 -acre parcel. The new subject parcel would be known at Tract 3 and the remaining approximately 23 -acre portion of the parcel would be known as Tract 4 of Jaynes Subdivision Big Mikes Addition. The Conditional Use Permit would also be conditioned to require that a modification to the Conditional Use Permit would be required to enlarge or relocate the proposed sand and gravel pit on Tract 3. According to the applicant, if the setbacks as they are required by Code are adhered to, it would leave an area that is approximately 1 -acre in size to be used for the proposed mining operation. This would make the proposed project not practical according to the operator. It is therefore the opinion of staff that given the size of the proposed sand and gravel pit, that reducing the setbacks to those as proposed would be acceptable and in conformance with KMC 14.20.154(2) and that this finding can be made. In addition, pursuant to those findings outlined in KMC 14.20.180(c) can also be made which further support this finding. 3. The buffer strips between the excavation site and roadways and property lines contain sufficient natural screening to obscure the entire excavation from sight of roadways and inhabited areas. If there is not sufficient natural screening, the site plan must provide for artificial screening. As shown on the submitted site plan, the applicant proposes to construct and operate an approximately 3 -acre sand and gravel pit within the approximately 5- acre western portion of the subject 30 -acre parcel; Kenai Peninsula Borough Parcel No: 04935007. As proposed, the sand and gravel material site would remove between approximately 15,000 cubic yards and 50,000 cubic yards of material per year, with approximately 85,000 cubic feet of material available above groundwater elevation. The subject parcel is zoned Heavy Industrial (IH) and has a Land Use designation of Industrial. The intent of the IH Zoning District is to allow for a broad range of industry and commercial uses. As outlined in KMC 14.20.140 the Zoning District is intended to apply to industrial areas which are sufficiently isolated from residential and commercial areas to avoid any nuisance effect. The subject sand and gravel pit would be located in an area that is not immediately adjacent to residential or commercial areas. Surrounding land uses include an oil and gas drill pad to the west, a welding and fabrication shop to the south with the Kenai Harbor and Wild Pacific Seafood's processing plants to the southwest across Bridge Access Road. To the east would be the remaining portion of Tract 4 which is an undeveloped parcel with two previous gravel pits which appear to be no longer in operation. Immediately adjacent to the north are several approximately 40 -acre parcels which are undeveloped. While these parcels are zoned Rural Residential, it is unlikely that they will be developed in the near future as they have a large number of mapped wetlands. Further to the north and northeast and northwest are the subdivisions of Inlet View, Central Heights and Deepwood Park. These three subdivisions are located at a higher elevation than that of the proposed sand and gravel pit. Some of the single - family homes within these subdivisions would potentially have views of the industrial areas surrounding the subject sand and gravel pit including the industrial land -uses along Bridge Access Road and the Kenai Harbor. As of this writing, several of the property owners within these subdivisions have expressed concern over the proposed gravel pit and its potential impacts to their views and property values. Staff drove through subdivisions to observe if the proposed sand and gravel pit would be visible from any of the public roads or access easements within them. It was found by staff that a portion of the subject Gravel Pit is visible from 404 Rogers Road, an undeveloped parcel owned by the City of Kenai (KPB Parcel No. 04916017). KMC 14.20.154(3) states in part "The buffer strips between the excavation site and roadways and property lines contain sufficient natural screening to obscure the entire excavation from sight of roadways and inhabited areas." While observing the subject Gravel Pit, staff was able to see what appears to be the approximate 1/3 southern portion of what would become the excavation area. It is the opinion of staff that the remaining 2/3 of the proposed excavation area would be obscured by the natural vegetation currently located between those parcels along the Rogers Road bluff and the subject site. According to the application, the applicant proposes to leave a 50 foot buffer of natural vegetation between the northern property line and the proposed Gravel Pit. The applicant proposes to begin excavation at the northwesterly corner and continue in a southern and eastern direction. Based on the submitted site plan the bottom elevation of the proposed excavation area would be at a depth of 28 feet. Given the height of the existing trees contained along the northern property line, it is the opinion of staff that when the 1/3 southern portion of the excavation area is reached it would of a significant depth so as to be mostly obscured from view from the natural elevation of those parcels along the bluff of Rogers Road. While a portion of the working face of the Gravel Pit may at times not be completely obscured from view during the fall and winter months due to leaf drop, the proposed Gravel Pit may not be in operation. Furthermore, the applicant has indicated that it may take as many as 10 years to completely excavate the subject site depending on material demand. Therefore, once this area of the excavation area is reached the natural vegetation will be taller, which will further obscure the subject site. In addition to the natural vegetation screening which will obscure the site, the applicant proposes to install artificial screening in the form of fencing along a western portion of the edge of the right -of -way of Childs Avenue from the southeastern corner of the property to the south portion of the driveway entrance. This fencing will be 6 feet tall and would contain view obscuring material. The applicant proposes to leave the existing vegetation buffer with a distance of 50 feet along the remaining portion of the western property line to obscure the site. Thus, the above finding can be made and substantiated. 4. The site plan provides that back slopes be a minimum of a 2:1 s lope, except for the contiguous working face. As shown on the submitted revised site plan on Sheet C4 of the submitted grading cross section, all proposed reclamation slopes will be graded to no steeper than 2:1 slope. Therefore, this finding can be made. 5. The site plan does not provide for excavation below the water table except where a reasonable method of drainage is available at the particular site or where the proposed future development plan provides for a lake on the site of the excavation. According to the submitted site plan and supplemental application materials, the operator will not be excavating below the water table. On the site plan, the applicant has indicated that they dug two test holes and encountered surface ground water at 8 feet and 12 feet respectively. It is anticipated that surface ground water will pool during the course of the mining activity, which is typical of a surface mining operation. A Letter of Intent for reclamation of the subject sand and gravel pit is being submitted to the State of Alaska Department of Natural Resources Division of Mining, Land and Water, in accordance with Alaska State 27.19. The applicant has indicated that the site will be reclaimed each fall using onsite overburden and top soil and that the excavated slopes will be contoured to no steeper than a 2:1 slope and to a condition that allows for the re- establishment of natural vegetation. 6. if the excavation is to be below the water table and the site is likely to endanger the public safety, the site plan shall provide for fencing of the work area. Pursuant to the submitted application, the applicant has indicated that they will not be excavating below the water table. 7. The proposed use of land after extraction is completed is feasible and realistic and is a use permitted in the zone in which the property is located. Pursuant to Kenai Municipal Code and Alaska Statute 27.19, reclamation of the proposed sand and gravel material site would be required. As shown on the submitted site plan and supplemental application materials. The applicant has demonstrated that they will perform site reclamation activities during the fall of each year and as required by the State of Alaska, Department of Natural Resources, Division of Mining, Land and Water. Currently, neither the applicant nor the operator has indicated what the proposed use of the subject material site will be after the mining operations have been completed. Therefore, staff would refer to those uses allowed either by right, or by a Conditional Use Permit, as shown on the Land Use Table in KMC 14.22.010, within the Heavy Industrial Zone, to determine which uses would be appropriate for the subject material site after the extraction has been completed. 8. The extraction does not destroy the land for the purposes for which it is zoned. The subject parcel and surrounding parcels to the east, south and west are zoned Heavy Industrial. Pursuant to the Land Use Table in KMC 14.22.010, the Surface Extraction of Natural Resources is an allowed use subject to obtaining a Conditional Use Permit. As proposed, the applicant will reclaim and revegetate the excavation areas by seeding and replacement of top soil over the excavated areas. Once subject site has been exhausted of sand and gravel and fully reclaimed, it could then be reused for a use which is allowed within the Heavy Industrial Zone pursuant to the allowed uses shown on the Land Use Table in KMC 14.22.010. 9. The need for the particular natural resource within the City of Kenai outweighs any detrimental effects the operation may have on surrounding property owners. There are currently seven active gravel pits operating within the City of Kenai under either a Conditional Use Permit or under a grandfather status. Each pit varies in size and the amount of gravel material extracted from the pit. Pursuant to KMC 14.20.150(f) the operators are required to submit yearly reports to the Planning and Zoning Division for review. In reviewing each yearly report, the amounts of material that are being extracted is very minimal. It appears from reading the reports, that most of the gravel pits are potentially nearing their expected life span and will begin the process of reclamation soon. In 2014 a total of 7,684 cubic yards of material was removed from all of the operating gravel pits within City limits. According to the applicant, a new source of sand and gravel is needed to support expected upcoming construction projects within the City of Kenai. The applicant plans to excavate between approximately 15,000 cubic yards and 50,000 cubic yards of material each year for a total amount of approximately 85,000 cubic yards. Therefore, there is a need for sand and gravel to support these construction projects and the operation of the proposed sand and gravel pit would outweigh any detrimental effects the operation may have on surrounding property owners. By having an additional source of sand and gravel within the City of Kenai, it will mean that less material would need to be trucked in from surrounding gravel pits, thereby reducing impacts to roadways. 10. The applicant is the owner of the subject property The applicant is the owner of the subject property. The operator owns the adjacent parcel to the south and proposes to apply to transfer the Conditional Use Permit, pursuant to KMC 14.20.158 after the recording the Preliminary Plat (PZ15 -13). CONDITIONS OF APPROVAL 1. Prior to commencement of extraction of Natural Resources, Applicant shall obtain all necessary State and Federal Permits. 2. Prior to commencement of construction and extraction of Natural Resources, Applicant shall be required to construct a non - climbable 6 foot high fence as shown on the approved site plan along Childs Avenue. 3. The only processing of material that shall take place on the subject site is screening. There shall be no crushing of material or operation of a concrete or asphalt plant on the subject site. 4. Material extraction site shall be limited to 3 -acres in size and shall be located on the subject site as shown on the approved site plan. Any future expansion beyond 3 -acres of the material extraction site shall require the modification of the Conditional Use Permit. 5. There shall be no extraction of Natural Resources beyond the ground water table. 6. Hours of operation shall be 8 am to 8 pm for the moving of materials. 7. Applicant shall file an annual report for the Conditional Use Permit as set forth in Kenai Municipal Code 14.20.155. 8. Prior to recording the Plat (PZ15 -13), the applicant shall submit an application to the City of Kenai, Planning and Zoning Division for a Transfer of the Conditional Use Permit for the Gravel Pit (PZ15 -10). 9. Applicant shall employ the use of dust control measures to ensure the material site and Childs Avenue remain dust free. Dust control shall include the daily use of a water truck and placement of Calcium Chloride on Childs Avenue. A water truck shall also be used to control dust from the working face of the Gravel Pit. NOW, THEREFORE, BE IT RESOLVED, BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI THAT THE PROPOSED SURFACE EXTRACTION OF NATURAL RESOURCES MEETS THE CONDITIONS REQUIRED FOR SAID OPERATION AND THEREFORE THE COMMISSION DOES AUTHORIZE THE ADMINISTRATIVE OFFICIAL TO ISSUE THE APPROPRIATE PERMIT. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, ON THIS 27th DAY OF MAY, 2015. CHAIRPERSON: ATTEST: eff ait, Chairperson