HomeMy WebLinkAbout2015-05-27 Planning & Zoning Packet
CITY OF KENAI
PLANNING & ZONING COMMISSION
AGENDA
May 27, 2015 - 7:00 p.m.
CITY COUNCIL CHAMBERS
210 FIDALGO AVE., KENAI, AK 99611
http://www.kenai.city
1. CALL TO ORDER:
a. Pledge of Allegiance
b. Roll Call
c. Agenda Approval
d. Consent Agenda
e. *Excused Absences
*All items listed with an asterisk (*) are considered to be routine and non-
controversial by the Commission and will be approved by one motion. There will be
no separate discussion of these items unless a Commission Member so requests, in
which case the item will be removed from the Consent Agenda and considered in its
normal sequence on the agenda as part of the General Orders.
2. *APPROVAL OF MINUTES:
a. *April 22, 2015
b. *May 13, 3015
3. SCHEDULED PUBLIC COMMENT: (Public comment limited to ten (10) minutes
per speaker)
4. UNSCHEDULED PUBLIC COMMENTS: (Public comment limited to (3) Minutes per
speaker, thirty (30) minutes aggregated)
5. CONSIDERATION OF PLATS:
6. PUBLIC HEARINGS:
The Planning and Zoning Commission will be conducting a Site Visit / Work
Session from 5:30 p.m — 6:30 p.m. to observe the conditions and potential
view impacts of the proposed Sand and Gravel Pit which would be located at
503 Childs Avenue. The Commission will be traveling by bus from City Hall
and will be briefly stopping and various residential properties along Rogers
Road who have previously given consent. The public is welcome and
encouraged to attend.
[Clerks Note: Staff has requested to present the Staff Report pertaining to items 6a & 6b
as one item and then recommend that the Planning & Zoning Commission vote
separately on each item, respectively.]
a. PZ15-10 – Application granting a request for a conditional use permit for
construction and operation of a gravel pit for the extraction of natural resources
for the property described as the NW1/4 SE1/4. Section 4, Township 5 North,
Range 11 West, excluding Jaynes Subdivision. The application was submitted by
Greg Duggan, P.O. Box 42, Kenai, Alaska 99611 and Tom Reese, 49820 Leisure
Lake Dr., Soldotna, AK 99669 .......................................................................... 15
[Clerks Note: At the meeting of the Planning & Zoning Commission on May 13, 2015, the
Commission held a public hearing and reviewed the application for PZ15-10 and found it
substantially complete, pursuant to Kenai Municipal Code 14.20.152. This item has
been scheduled for public hearing before the Planning & Zoning Commission, pursuant
to Kenai Municipal Code 14.20.153.]
b. PZ15-11 – Application for Variance Permit for setback requirements for the
property located at 503 Childs Avenue, the NW ¼ SE ¼, Section 4, Township 5
North, Range 11 West, excluding Jaynes Subdivision. The application was
submitted by Greg Duggan, P.O. Box 42, Kenai, Alaska 99611 and Tom Reese,
49820 Leisure Lake Dr.,Soldotna, AK 99669 ..................................................... 23
[Clerks Note: A motion to approve as recommend by Staff is on the Floor.]
Substitute PZ15-11.
c. PZ15-14 - A Resolution of the Planning and Zoning Commission of the City of
Kenai, Alaska, recommending the City Council amend Kenai Municipal Code
section 1.90.030 - Qualifications, to allow up to two of the seven members of the
Planning and Zoning commission to be non-residents if they either own property
or a business located within the city and make other housekeeping changes…69
7. UNFINISHED BUSINESS: None
8. NEW BUSINESS: None
9. PENDING ITEMS:
a. PZ15-03 – Preliminary Original Beluga Subdivision 2015 Replat & Right-of-way
Vacation, submitted by Kenai New Life Assembly of God, 209 Princess Street,
Kenai, AK 99611.
[Clerks Note: At the meeting of the Planning & Zoning Commission on April 8, 2015, the
Commission postponed PZ15-03 to the September 9, 2015 meeting. A motion to
approve is on the floor.]
10. REPORTS:
a. City Council
b. Borough Planning ............................................................................................. 74
c. Administration
11. PERSONS PRESENT NOT SCHEDULED: (3 Minutes)
12. INFORMATIONAL ITEMS: None
13. NEXT MEETING ATTENDANCE NOTIFICATION: June 10, 2015
14. COMMISSION COMMENTS & QUESTIONS
15. ADJOURNMENT
THIS PAGE INTENTIONALLY LEFT BLANK
AMENDED STAFF REPORT
To: Planning & Zoning Commission Res: PZ15-10
Date: May 27, 2015 Res: PZ15-11
Applicant: Greg Duggan 907-398-8743
P.O. Box 42
Kenai, Alaska 99611
Tom Reese
49820 Leisure Lake Drive
Soldotna, Alaska 99669
Operator:Michael Brown 907-398-7185
601 Highbush Lane
Kenai, Alaska 99611
Representative: Gina DeBardelaben 907-283-4218
McLane Consulting
P.O. Box 468
Soldotna, Alaska 99669
Requested Action: Conditional Use Permit for the Construction and
Operation of a Gravel Pit for the Surface Extraction of
Natural Resources
Variance Permit for setback requirements for the
Surface Extraction of Natural Resources
Legal Description: NW ¼ SE ¼ Section 4, Township 5 North, Range 11
West, Excluding Jaynes Subdivision, Seward Meridian
Street Address: 503 Childs Avenue
KPB Parcel No: 04935007
Existing Zoning: Heavy Industrial
Current Land Use: Vacant
Land Use Plan: Industrial
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ANALYSIS
May 13, 2015 Planning & Zoning Commission Meeting:
Pursuant to Kenai Municipal Code (KMC) 14.20.152 an initial Public Hearing was
held to review the submitted application and accompanying materials. At the
meeting the Commission reviewed the application and site plan for conformance
with KMC 14.20.151 and found it to be to be complete. Among the items
discussed by the Commission regarding the application was that amount of cubic
yards of material that is proposed to be removed from the subject site as well as
on-site processing. In addition, concerns rose during the Public Hearing by
members of the Community regarding site visibility, dust control, noise and
removal of vegetation from the subject site. Staff has revised the below Staff
Report to reflect these discussions and has updated the recommended
Conditions of Approval.
Introduction:
The applicant has submitted an application for the construction and operation of
a Sand and Gravel Pit (Gravel Pit) for the proposed Surface Extraction of Natural
Resources pursuant to KMC 14.20.151 – KMC 14.20.158. The Pit would be
operated by Michael Brown of Big Mikes Construction (Operator) to surface mine
an approximately 3-acre portion of the subject parcel, located in the north
western corner of an approximately 30-acre parcel which is undeveloped. The
legal description of the subject parcel is NW ¼ SE ¼ Section 4, Township 5 North,
Range 11 West, Excluding Jaynes Subdivision, Seward Meridian.
Pursuant to KMC 14.20.151(b)(2), the applicant has indicated that there is
approximately 85,000 cubic yards of material available for extraction above the
groundwater table. According to the application, the applicant has estimated that
they plan to excavate between approximately 15,000 cubic yards and 50,000
cubic yards of sand and gravel material per year. The applicant has further
indicated that they do not plan to extract more than 50,000 cubic yards of
material per year so as to avoid the requirement of placing a Reclamation Bond
with the State of Alaska Department of Natural Resources.
The applicant proposes to operate the Gravel Pit on a continuing basis until the
subject material site is exhausted; approximately 10 years. At the conclusion of
the operation, the Gravel Pit would be reclaimed to meet Alaska Department of
Natural Resources regulations.
In keeping with the proposed application, the applicant plans to operate a
screening plant at the subject gravel pit. The purpose of the screening plat would
be to separate the finer materials from the course materials. The screening
operation is proposed to be conducted on an as needed basis based on demand.
The applicant does not propose to operate a gravel crushing plant, nor a
concrete or asphalt batch plat at the subject site.
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Other than material screening, all other material processing would take place off
site.
NOISE:
One of the items discussed during the Public Hearing was that of potential noise
impacts of the proposed Gravel Pit. The applicant has provided copies from the
Occupation Safety and Health Administration (OSHA) regarding the noise levels
of various pieces of equipment which are used in the construction industry.
According to the information a typical screening plant operates at approximately
77 – 108 decibels within the immediate area. Furthermore, according to the
information, a typical gas lawn mower operates at approximately 100 decibels at
3 feet and is reduced to 70 decibels at 100 feet. Lastly, according to the
information normal speech is measured at approximately 60 decibels at 3 feet.
As sound power levels travel they are reduced based on distance from the sound
source. For example, at sound source of 106 decibels is reduced to
approximately 68 decibels at 100 feet and is further reduced to 44 decibels at
approximately 1,600 feet. The proposed Gravel Pit would be approximately
2,000 feet from the closest residence on Rogers Road. Given the amount of
distance as well as the occurrence of natural vegetation, it is the opinion of staff
that this noise level of the Screen Plant would be significantly reduced to a level
that is almost inaudible.
PERMITTING APPLICATIONS:
To comply with the regulations outlined in Kenai Municipal Code (KMC) and in
order to engage in the Surface Extraction of Natural Resources for the
construction and operation of the proposed sand and gravel pit, the applicant has
submitted three separate land-use permit applications. The first is the subject
application of a Condition Use Permit (PZ15-10) which would allow for the
construction and operation of the proposed Gravel Pit; subject to the conditions
outlined in KMC 14.20.154.
The second application submitted is a Variance Permit (PZ15-11) for the
relaxation of the setback requirements pursuant to KMC 14.20.154(a)(2). As
outlined in Code, the boundaries of the proposed excavation at its greatest
dimensions, including back slopes, are 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 shown on the submitted site plan, the applicant
has proposed a setback of 80 feet from the present western property line (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).
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The third application submitted is a proposed Preliminary Plat (PZ15-13) which
would reconfigure the subject 30- acre parcel and the parcel located directly
south of the proposed Gravel Pit which is approximately 2.7-acres. As part of the
plat review, and as required by KMC 14.10.070, the applicant would be required
to dedicate an additional 30 foot right-of-way along Childs Avenue and Van
Antwerp Street.
Staff would like to note that at the May 13, 2015 Planning & Zoning Commission
meeting, the above Preliminary Plat was approved, subject to the Conditions of
Approval.
ZONING:
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 parcel is approximately 30-acres in size and is located at the north
end of Childs Avenue and at the eastern end of Van Antwerp Street. The
proposed approximately 3-acre sand and gravel pit site would be located and
accessible via Childs Avenue; a gravel road which is City of Kenai road, however,
it is not maintained by the City.
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 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.
SITE PLAN:
Vegetation Clearing
Pursuant to KMC 14.25.015 – Landscaping/site plan for land clearing.
The Code states:
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“For property covered under this chapter, submittal of a preliminary
landscaping/site plan and approval by the administrative official is required prior
to any land clearing and/or tree cutting where such removal will result in less than
twenty-five percent (25%) of the lot area having existing trees, shrubs, or natural
vegetation cover as determined by the administrative official.” The above Code
Section discusses the requirements for the clearing of trees and vegetation from
the subject parcel.
This past month (April 2015) the City of Kenai Fire Department issued the
applicant a Burn Permit to assist in the clearing of trees and vegetation from the
proposed Gravel Pit as well as the adjacent parcel which is owned by the
Operator. Pursuant to the above Code Section, one can remove up to 75% of
the total amount of trees, shrubs, or natural vegetation. As allowed by Code, the
Operator removed approximately 5-acres of trees and natural vegetation from the
area that would contain the proposed Gravel Pit, which resulted in approximately
16.67% of the total amount of trees and natural vegetation being removed.
Therefore, the removal of trees and other natural vegetation was in compliance
with the Kenai Municipal Code.
FINDINGS
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.
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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.
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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.
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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.”
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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 slope,
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.
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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.
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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).
VARIANCE FINDINGS
KMC 14.20.180 details the intent and application process for Variance Permits.
The Code also outlines the review criteria that should be used by the Planning
and Zoning Commission to determine if a variance should be granted. The
Commission shall establish a finding that all of the following conditions exist as a
prerequisite to issuance of a variance permit:
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1. Special conditions or circumstances are present which are peculiar to the
land or structures involved which are not applicable to other lands or
structures in the same zoning district.
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. 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.
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
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 proposed mining operation. 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.
2. The special conditions or circumstances have not been caused by actions
of the applicant and such conditions and circumstances do not merely
constitute a pecuniary hardship or inconvenience.
The special conditions and circumstances are primarily due to natural
causes (gravel deposition and formation of wetlands during glacial retreat)
and existing development within the surrounding neighborhood. The
subject sand and gravel pit would be accessible via Childs Avenue. By
locating the sand and gravel pit where it is proposed, it would not require
the additional creation of roadways. The request does not merely
constitute a pecuniary hardship or inconvenience.
3. The granting of the variance shall not authorize a use that is not a
permitted principal use in the zoning district in which the property is
located.
The proposed use is an allowed use within the Heavy Industrial Zoning
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PZ15-10 & PZ15-11 Staff Report
Page 13
District subject to obtaining a Conditional Use Permit. The use is
appropriate given the surrounding existing industrial land uses to the east
and south.
4. The granting of a variance shall be the minimum variance that will provide
for the reasonable use of the land and/or structure.
The request for setbacks are 80 feet from the western property line or 50
feet from the proposed right-of-way of Childs avenue as shown on Tract 3
of the proposed plat of Jaynes Subdivision Big Mikes Addition (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 above requested setbacks will provide for reasonable use
of the sand and gravel extraction of the subject site given that the
proposed material site is approximately 3-acres. It should also be noted
that the proposed variance is based on the recording approved
Preliminary Plat by the Kenai Peninsula Borough. It should also be further
noted that the decision to approve the variance is based on the
assumption that the Platt will be recorded.
5. The granting of a variance shall not be based upon other non-conforming
land uses or structures within the same land use or zoning district.
The requested variance is not based on other non-conforming land uses
structures within the Heavy Industrial zoning district.
RECOMMENDATIONS
Staff finds that the applicant has met the standards for approval of the
Conditional Use Permit for the Surface Extraction of Natural Resources and a
Variance Permit. Staff hereby recommends that the Planning & Zoning
Commission approve the Conditional Use Permit for the Surface Extraction of
Natural Resources and Variance Permit, subject to the following Conditions of
Approval:
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.
Fence shall also include the installation of view obscuring material that is
weatherproof and sturdy. Color of view obscuring slats shall be earth
tone.
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PZ15-10 & PZ15-11 Staff Report
Page 14
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 6 am to 8 pm.
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.
ATTACHMENTS:
1. Resolution No. PZ15-10
2. Revised Resolution No. PZ15-11
3. Staff Report dated May 13, 2015
4. Superseded Resolution No. PZ15-11
5. Sound decibel level examples
6. Original Applications
7. Revised Site Plan
8. Superseded Site Plan
9. Map
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CITY 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 ¼ SE ¼ 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:
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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.
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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.
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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.”
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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 slope, 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.
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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.
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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. Fence shall also include
the installation of view obscuring material that is weatherproof and sturdy. Color
of view obscuring slats shall be earth tone.
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.
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5. There shall be no extraction of Natural Resources beyond the ground water
table.
6. Hours of operation shall be 6 am to 8 pm.
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:
Jeff Twait, Chairperson Sandra Modigh, City Clerk
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CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION NO. PZ15-11
VARIANCE PERMIT
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF
KENAI GRANTING A VARIANCE REQUEST FOR SETBACKS TO ALLOW FOR THE
CONSTRUCTION AND OPERATION OF A GRAVEL PIT FOR THE EXTRACTION OF
NATURAL RESOURCES. THIS VARIANCE IS AUTHORIZED BY 14.20.180 OF THE
KENAI MUNICIPAL ZONING CODE.
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 ¼ SE ¼ 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 the Variance
request for setbacks are 80 feet from the western property line or 50 feet from the
proposed right-of-way of Childs Avenue as shown on Tract 3 of the proposed plat of
Jaynes Subdivision Big Mikes Addition (where 200 feet is required), 50 feet from the
northern property line (where 150 feet is required), 50 feet from the proposed eastern
property of Tract 3 of the Plat of Jaynes Subdivision Big Mikes Addition (where 150 feet
is required), 15 feet from the southern property line (where 150 feet is required); and,
WHEREAS, the City of Kenai Planning and Zoning Commission finds:
1. That an application meeting the requirements of Sections 14.20.140, 14.20.152
14.20.154 and 14.20.180 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 Variance have been met, as follows:
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VARIANCE FINDINGS
KMC 14.20.180 details the intent and application process for Variance Permits. The
Code also outlines the review criteria that should be used by the Planning and Zoning
Commission to determine if a variance should be granted. The Commission shall
establish a finding that all of the following conditions exist as a prerequisite to issuance
of a variance permit:
1. Special conditions or circumstances are present which are peculiar to the land or
structures involved which are not applicable to other lands or structures in the
same zoning district.
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. 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.
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
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 proposed mining operation. 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.
2. The special conditions or circumstances have not been caused by actions of the
applicant and such conditions and circumstances do not merely constitute a
pecuniary hardship or inconvenience.
The special conditions and circumstances are primarily due to natural causes
(gravel deposition and formation of wetlands during glacial retreat) and existing
development within the surrounding neighborhood. The subject sand and gravel
pit would be accessible via Childs Avenue. By locating the sand and gravel pit
where it is proposed, it would not require the additional creation of roadways.
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The request does not merely constitute a pecuniary hardship or inconvenience.
3. The granting of the variance shall not authorize a use that is not a permitted
principal use in the zoning district in which the property is located.
The proposed use is an allowed use within the Heavy Industrial Zoning District
subject to obtaining a Conditional Use Permit. The use is appropriate given the
surrounding existing industrial land uses to the east and south.
4. The granting of a variance shall be the minimum variance that will provide for the
reasonable use of the land and/or structure.
The request for setbacks are 80 feet from the western property line or 50 feet
from the proposed right-of-way of Childs avenue as shown on Tract 3 of the
proposed plat of Jaynes Subdivision Big Mikes Addition (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 above
requested setbacks will provide for reasonable use of the sand and gravel
extraction of the subject site given that the proposed material site is
approximately 3-acres. It should also be noted that the proposed variance is
based on the recording approved Preliminary Plat by the Kenai Peninsula
Borough. It should also be further noted that the decision to approve the
variance is based on the assumption that the Platt will be recorded.
5. The granting of a variance shall not be based upon other non-conforming land
uses or structures within the same land use or zoning district.
The requested variance is not based on other non-conforming land uses
structures within the Heavy Industrial zoning district; and,
WHEREAS, the City of Kenai Planning and Zoning Commission finds the Variance
request is subject to the following Conditions of Approval:
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. Fence shall also include
the installation of view obscuring material that is weatherproof and sturdy. Color
of view obscuring slats shall be earth tone.
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.
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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 6 am to 8 pm.
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.
Applicant shall file an annual report for the Conditional Use Permit as set forth in Kenai
Municipal Code 14.20.155.
NOW, THEREFORE, BE IT RESOLVED, BY THE PLANNING AND ZONING
COMMISSION OF THE CITY OF KENAI THAT THE CONDITIONS SPECIFIED IN
14.20.180 OF THE KENAI MUNICIPAL CODE HAVE BEEN SHOWN TO EXIST AND
THERE THE COMMISSION GRANTS THE VARIANCE.
PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI,
ALASKA, ON THIS 27TH DAY OF MAY, 2015.
CHAIRPERSON: ATTEST:
Jeff Twait, Chairperson Sandra Modigh, City Clerk
26 of 79
CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION NO. PZ15-11
VARIANCE PERMIT
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF
KENAI GRANTING A VARIANCE REQUEST FOR SETBACKS TO ALLOW FOR THE
CONSTRUCTION AND OPERATION OF A GRAVEL PIT FOR THE EXTRACTION OF
NATURAL RESOURCES. THIS VARIANCE IS AUTHORIZED BY 14.20.180 OF THE
KENAI ZONING CODE.
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 ¼ SE ¼ 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 the Variance
request for setbacks are 80 feet from the western property line or 50 feet from the
proposed right-of-way of Childs avenue as shown on Tract 3 of the proposed plat of
Jaynes Subdivision Big Mikes Addition (where 200 feet is required), 50 feet from the
northern property line (where 150 feet is required), 50 feet from the proposed eastern
property of Tract 3 of the Plat of Jaynes Subdivision Big Mikes Addition (where 150 feet
is required), 15 feet from the southern property line (where 150 feet is required); and,
WHEREAS, the City of Kenai Planning and Zoning Commission finds:
1. That an application meeting the requirements of Sections 14.20.140, 14.20.152
14.20.154 and 14.20.180 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 Variance have been met, as follows:
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VARIANCE FINDINGS
KMC 14.20.180 details the intent and application process for Variance Permits. The
Code also outlines the review criteria that should be used by the Planning and Zoning
Commission to determine if a variance should be granted. The Commission shall
establish a finding that all of the following conditions exist as a prerequisite to issuance
of a variance permit:
1. Special conditions or circumstances are present which are peculiar to the land or
structures involved which are not applicable to other lands or structures in the
same zoning district.
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. 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.
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
According to the operator, 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 proposed mining operation. 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.
2. The special conditions or circumstances have not been caused by actions of the
applicant and such conditions and circumstances do not merely constitute a
pecuniary hardship or inconvenience.
The special conditions and circumstances are primarily due to natural causes
(gravel deposition and formation of wetlands during glacial retreat) and existing
development within the surrounding neighborhood. The subject sand and gravel
pit would be accessible via Childs Avenue; a City maintained road. By locating
the sand and gravel pit where it is proposed, it would not require the additional
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creation of roadways.
The request does not merely constitute a pecuniary hardship or inconvenience.
3. The granting of the variance shall not authorize a use that is not a permitted
principal use in the zoning district in which the property is located.
The proposed use is an allowed use within the Heavy Industrial Zoning District.
The use is appropriate given the surround existing industrial land uses to the east
and south.
4. The granting of a variance shall be the minimum variance that will provide for the
reasonable use of the land and/or structure.
The request for setbacks are 80 feet from the western property line or 50 feet
from the proposed right-of-way of Childs avenue as shown on Tract 3 of the
proposed plat of Jaynes Subdivision Big Mikes Addition (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 above
requested setbacks will provide for reasonable use of the sand and gravel
extraction of the subject site given that the proposed material site is
approximately 3-acres.
5. The granting of a variance shall not be based upon other non-conforming land
uses or structures within the same land use or zoning district.
The requested variance is not based on other non-conforming land uses
structures within the Heavy Industrial zoning district. and,
WHEREAS, the City of Kenai Planning and Zoning Commission finds the Variance
request is subject to the following Conditions of Approval:
CONDITIONS OF APPROVAL
1. Prior to commencement of extraction of Natural Resources, Operator or
Applicant shall obtain all necessary State and Federal Permits. Copies of all
necessary State and Federal Permits shall be provided to the City of Kenai,
Planning and Zoning Division.
2. Prior to commencement of construction and extraction of Natural Resources,
Operator or Applicant shall be required to construct a non-climbable 6 foot high
fence as shown on the approved site plan. Fence shall be installed along the
eastern property line, northern property line, western property line and southern
edge of the Gravel Pit. Fence shall also include the installation of view obscuring
slats made of hard weatherproof materials. Color of view obscuring slats shall be
earth tone.
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3. There shall be no processing of any material shall take place on the subject
parcel or within the material site. All material shall be taken off-site prior to any
processing.
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 6 am to 8 pm.
Applicant shall file an annual report for the Conditional Use Permit as set forth in Kenai
Municipal Code 14.20.155.
NOW, THEREFORE, BE IT RESOLVED, BY THE PLANNING AND ZONING
COMMISSION OF THE CITY OF KENAI THAT THE CONDITIONS SPECIFIED IN
14.20.180 OF THE KENAI MUNICIPAL CODE HAVE BEEN SHOWN TO EXIST AND
THERE THE COMMISSION GRANTS THE VARIANCE.
PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI,
ALASKA, ON THIS 27TH DAY OF MAY, 2015.
CHAIRPERSON: ATTEST:
Jeff Twait, Chairperson Sandra Modigh, City Clerk
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STAFF REPORT
To: Planning & Zoning Commission Res: PZ15-10
Date: May 13, 2015 Res: PZ15-11
Applicant: Greg Duggan 907-398-8743
P.O. Box 42
Kenai, Alaska 99611
Tom Reese
49820 Leisure Lake Drive
Soldotna, Alaska 99669
Operator: Michael Brown 907-398-7185
601 Highbush Lane
Kenai, Alaska 99611
Representative: Gina DeBardelaben 907-283-4218
McLane Cosulting
P.O. Box 468
Soldotna, Alaska 99669
Requested Action: Conditional Use Permit for the Construction and
Operation of a Gravel Pit for the Surface Extraction of
Natural Resources
Variance Permit for setback requirements for the
Surface Extraction of Natural Resources
Legal Description: NW ¼ SE ¼ Section 4, Township 5 North, Range 11
West, Excluding Jaynes Subdivision, Seward Meridian
Street Address: 503 Childs Avenue
KPB Parcel No: 04935007
Existing Zoning: Heavy Industrial
Current Land Use: Vacant
Land Use Plan: Industrial
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Page 2
ANALYSIS
Introduction:
The applicant has submitted an application for the construction and operation of
a Sand and Gravel Pit (Gravel Pit) for the proposed Surface Extraction of Natural
Resources. The Pit would be operated by Michael Brown of Big Mikes
(Operator) to surface mine an approximately 3-acre portion of the subject parcel,
located in the north western corner of an approximately 30-acre parcel which is
undeveloped. The legal description of the subject parcel is NW ¼ SE ¼ Section
4, Township 5 North, Range 11 West, Excluding Jaynes Subdivision, Seward
Meridian. The Operator has proposed to remove approximately 15,000 cubic feet
of gravel material per year, with approximately 85,000 cubic feet of material
available above groundwater elevation. The Operator proposes to operate the
Gravel Pit on a continuing basis until the subject material site is exhausted;
approximately 10 years. At the conclusion of the operation, the Gravel Pit would
be reclaimed to meet Alaska Department of Natural Resources regulations.
Located in the southeastern portions of the subject overall 30-acre parcel are two
areas which have been used in the past as gravel extraction sites to support the
construction of Bridge Access Road and Beaver Loop Road. The Operator
proposes to not have any material processing equipment at the Gravel Pit. All
material processing would take place off-site. The proposed Gravel Pit is to be a
barrow pit only.
PERMITTING APPLICATIONS:
To comply with the regulations outlined in Kenai Municipal Code (KMC) and in
order to engage in the Surface Extraction of Natural Resources for the
construction and operation of the proposed sand and gravel pit, the applicant has
submitted three separate land-use permit applications. The first is the subject
application of a Condition Use Permit (PZ15-10) which would allow for the
construction and operation of the proposed Gravel Pit; subject to the conditions
outlined in KMC 14.20.154.
The second application submitted is a Variance Permit (PZ15-11) for the
relaxation of the setback requirements pursuant to KMC 14.20.154(a)(2). As
outlined in Code, the boundaries of the proposed excavation at its greatest
dimensions, including back slopes, are 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 shown on the submitted site plan, the applicant
has proposed a setback of 80 feet from the present western property line (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).
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PZ15-10 & PZ15-11 Staff Report
Page 3
The third application submitted is a proposed Preliminary Plat (PZ15-13) which
would reconfigure the subject 30- acre parcel and the parcel located directly
south of the proposed Gravel Pit which is approximately 2.7-acres. As part of the
plat review, and as required by KMC 14.10.070, the applicant would be required
to dedicate an additional 30 foot right-of-way along Childs Avenue and Van
Antwerp Street.
ZONING:
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 parcel is approximately 30-acres in size and is located at the north
end of Childs Avenue and at the eastern end of Van Antwerp Street. The
proposed approximately 3-acre sand and gravel pit site would be located and
accessible via Childs Avenue; a gravel road which is maintained by the City.
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 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.
SITE PLAN:
Vegetation Clearing
Pursuant to KMC 14.25.015 – Landscaping/site plan for land clearing.
The Code states:
“For property covered under this chapter, submittal of a preliminary
landscaping/site plan and approval by the administrative official is required prior
to any land clearing and/or tree cutting where such removal will result in less than
twenty-five percent (25%) of the lot area having existing trees, shrubs, or natural
vegetation cover as determined by the administrative official.” The above Code
Section discusses the requirements for the clearing of trees and vegetation from
the subject parcel.
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PZ15-10 & PZ15-11 Staff Report
Page 4
This past month (April 2015) the City of Kenai Fire Department issued the
Operator a Burn Permit to assist in the clearing of trees and vegetation from the
proposed Gravel Pit adjacent parcel which is owned by the Operator. Pursuant
to the above Code Section, one can remove up to 75% of the total amount of
trees, shrubs, or natural vegetation. As allowed by Code, the Operator removed
approximately 5-acres of trees and natural vegetation from the area that would
contain the proposed Gravel Pit, which resulted in approximately 16.67% of the
total amount of trees and natural vegetation being removed. Therefore, the
removal of trees and other natural vegetation was in compliance with the Kenai
Municipal Code.
FINDINGS
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 and is 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).
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PZ15-10 & PZ15-11 Staff Report
Page 5
Prior to the recording of the Plat, the operator shall be required to transfer
the Conditional Use Permit (PZ15-10) to his name from the names of Greg
Duggin and Tom Reese, the present property owners and applicants. At
the time the operator submits an application to transfer ownership of the
Conditional Use Permit; the operator will be required to show the location
of all proposed or existing buildings or structures.
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 in the application 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. Therefore, the application is in
substantial compliance with the requirements of KMC 14.20.151 and the
application has been deemed complete.
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).
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Page 6
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 proposed sand and gravel pit would be limited to 3-acres
and would require the transfer of the Conditional Use Permit to the
operator prior to recording of the Plat. 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. As shown on the Preliminary Plat (PZ15-13) the
southern property line between the former Tract 2A of Jaynes Subdivision
Childs Addition and the new Tract 3 of Jaynes Subdivision Big Mikes
Addition would be removed and a new eastern property line would be
created between Tract 3 and 4.
According to the operator, 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 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 approximately 15,000 cubic feet of
gravel 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.
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Page 7
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 Pacific Seafoods
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.
Staff was unable to observe the proposed sand and gravel pit from these
subdivisions; however, staff was not able to access private property to
observe the pit, therefore, staff is unaware if it would be visible from
property owners’ residences. Upon reviewing Kenai Municipal Code, staff
is unable to find a Chapter which addresses potential view impacts from
either a private or public view shed. Therefore, if the proposed project is
visible from any of private parcels within these subdivisions, staff is unable
to support the claim that the proposed project would have a negative
impact on their view because of the lack of a Code Chapter which
specifically addresses it. With regards to property values, as of this
writing, no proof has been submitted by a potentially affected property
owner regarding this claim and to what extent it may have on individual
property values. In addition, the operator has stated in his application that
he will not have any gravel processing operations onsite. The proposed
sand and gravel pit would be strictly a barrow pit.
The applicant has proposed the creation of both natural and artificial
screening of the proposed sand and gravel pit. The submitted site plan
shows the location of a 6 foot tall fence which would be located
approximately 5 feet from the western and northern property lines.
Existing trees and other vegetation would be left to aid in screening of the
sand and gravel pit from the public-right-of-way.
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To aid the further screening of the proposed sand and gravel pit, the
permit would be further conditioned to require the installation of 6 foot tall
non-climbable fencing along the proposed eastern property line as well as
the south perimeter of the pit. This fencing for the entire site would need
to include privacy slats which are green or earth tone in color to further
screen the proposed project. Thus, the above finding can be made and
substantiated.
4. The site plan provides that back slopes be a minimum of a 2:1 slope,
except for the contiguous working face.
As shown on the submitted site plan and 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 operator 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
operator 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 operator has indicated that they
will not be excavating below the water table. To protect the public safety,
the operator has shown on the site plan that they will install fencing and a
gate along Childs Avenue and along the north property line. However, to
fully ensure that they public does not have casual access to the subject
site, it is the opinion of staff to recommend that non-climbable view
obscuring fencing be placed on the proposed eastern property line and
along the southern edge of the extent of the material site.
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Staff also recommends that the proposed fencing along Childs Avenue
and the north property line be changed to non-climbable view obscuring
fencing as well. Staff also recommends that they color of the view
obscuring material contained within the fencing be earth tone and made of
a weather proof material such as hard plastic.
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 operator 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 have 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 operator
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.
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PZ15-10 & PZ15-11 Staff Report
Page 10
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 operator plans to excavate approximately 15,000 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 prior to recording the
proposed Plat (PZ15-13).
VARIANCE FINDINGS
KMC 14.20.180 details the intent and application process for Variance Permits.
The Code also outlines the review criteria that should be used by the Planning
and Zoning Commission to determine if a variance should be granted. The
Commission shall establish a finding that all of the following conditions exist as a
prerequisite to issuance of a variance permit:
1. Special conditions or circumstances are present which are peculiar to the
land or structures involved which are not applicable to other lands or
structures in the same zoning district.
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. 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.
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PZ15-10 & PZ15-11 Staff Report
Page 11
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
According to the operator, 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 proposed mining operation. 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.
2. The special conditions or circumstances have not been caused by actions
of the applicant and such conditions and circumstances do not merely
constitute a pecuniary hardship or inconvenience.
The special conditions and circumstances are primarily due to natural
causes (gravel deposition and formation of wetlands during glacial retreat)
and existing development within the surrounding neighborhood. The
subject sand and gravel pit would be accessible via Childs Avenue; a City
maintained road. By locating the sand and gravel pit where it is proposed,
it would not require the additional creation of roadways. The request does
not merely constitute a pecuniary hardship or inconvenience.
3. The granting of the variance shall not authorize a use that is not a
permitted principal use in the zoning district in which the property is
located.
The proposed use is an allowed use within the Heavy Industrial Zoning
District. The use is appropriate given the surround existing industrial land
uses to the east and south.
4. The granting of a variance shall be the minimum variance that will provide
for the reasonable use of the land and/or structure.
The request for setbacks are 80 feet from the western property line or 50
feet from the proposed right-of-way of Childs avenue as shown on Tract 3
of the proposed plat of Jaynes Subdivision Big Mikes Addition (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 above requested setbacks will provide for reasonable use of
the sand and gravel extraction of the subject site given that the proposed
material site is approximately 3-acres.
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PZ15-10 & PZ15-11 Staff Report
Page 12
5. The granting of a variance shall not be based upon other non-conforming
land uses or structures within the same land use or zoning district.
The requested variance is not based on other non-conforming land uses
structures within the Heavy Industrial zoning district.
RECOMMENDATIONS
Staff finds that the applicant has met the standards for approval of the
Conditional Use Permit for the Surface Extraction of Natural Resources and a
Variance Permit. Staff hereby recommends that the Planning & Zoning
Commission approve the Conditional Use Permit for the Surface Extraction of
Natural Resources and Variance Permit, subject to the following Conditions of
Approval:
CONDITIONS OF APPROVAL
1. Prior to commencement of extraction of Natural Resources, Operator or
Applicant shall obtain all necessary State and Federal Permits. Copies of
all necessary State and Federal Permits shall be provided to the City of
Kenai, Planning and Zoning Division.
2. Prior to commencement of construction and extraction of Natural
Resources, Operator or Applicant shall be required to construct a non-
climbable 6 foot high fence as shown on the approved site plan. Fence
shall be installed along the eastern property line, northern property line,
western property line and southern edge of the Gravel Pit. Fence shall
also include the installation of view obscuring slats made of hard
weatherproof materials. Color of view obscuring slats shall be earth tone.
3. There shall be no processing of any material shall take place on the
subject parcel or within the material site. All material shall be taken off-
site prior to any processing.
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 6 am to 8 pm.
7. Applicant shall file an annual report for the Conditional Use Permit as set
forth in Kenai Municipal Code 14.20.155.
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PZ15-10 & PZ15-11 Staff Report
Page 13
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).
ATTACHMENTS:
1. Resolution No. PZ15-11
2. Original Applications
3. Site Plan
4. Map of Site
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LAWTON DR
K E N A I S P U R H W Y
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R O G E R S R D
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CHILDS AV
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ERVIN ST
MARATHON RD
PRINCESS ST
SUSIEANA LN
PAULA ST
STERLI
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B E L U G A D R W
N TINKER LN
S TINKER LN
BEAV
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BELUGA DR N
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Proposed Gravel Pit
Location
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MEMORANDUM
TO: Council Members
FROM: Mayor Porter
DATE: May 14, 2015
SUBJECT: Ordinance No. 2829-2015, P&Z Commission 1.90.030
Interest by City residents in serving on the Planning and Zoning Commission has
historically been low. City code allows for certain other commissions to have non-
residents serve as commissioners but not the Planning and Zoning Commission.
Expanding the potential applicant pool of Planning and Zoning Commissioners to allow
for two members of the seven member commission to be non-residents that either owns a
controlling interest in property or a business located within the City is intended to make it
easier to find interested qualified commissioners. Requiring the non-residents to either
own a business or property in the City will assure their service would be in the best
interest of the City. Other local communities such as Soldotna and Homer allow for two
and one planning and zoning commissioners to be non-residents respectively. This is
also a standard practice throughout the country. The City Attorney has informed me that
there is no specific prohibition against the City allowing two non-residents to serve on the
City’s Planning and Zoning Commission.
The proposed Ordinance also cleans up a house keeping issue with this section of code.
As it currently exists subsection (b) of KMC 1.90.030 allows for other commissions to
have up to two non-residents or one non-resident that works part time in the City. It is not
necessary to specifically allow one non-resident that works part time in the City when a
commission can already have two non-residents without any other restrictions. The
Ordinance would delete the reference to a non-resident that works part time in the City.
Your consideration is appreciated.
210 Fidalgo Avenue, Kenai, Alaska 99611-7794
Telephone: 907-283-7535 / FAX: 907-283-3014
www.kenai.city
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Sponsored by: Mayor Porter
CITY OF KENAI
ORDINANCE NO. 2829-2015
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING
KENAI MUNICIPAL CODE SECTION 1.90.030 - QUALIFICATIONS, TO ALLOW UP TO
TWO OF THE SEVEN MEMBERS OF THE PLANNING AND ZONING COMMISSION TO
BE NON-RESIDENTS IF THEY EITHER OWN PROPERTY OR A BUSINESS LOCATED
WITHIN THE CITY AND MAKING OTHER HOUSE KEEPING CHANGES.
WHEREAS, Kenai Municipal Code section 1.90.030 - Qualifications, provides the
general and specific qualifications for City board, commission and committee
members; and,
WHEREAS, the Kenai Municipal Code requires all seven of the planning and zoning
commissioners to be residents of the City; and,
WHEREAS, interest among qualified residents to serve on the planning and zoning
commission has been low; and,
WHEREAS, allowing non residents that either own a business physically located in the
City or own property in the City will expand the available pool of planning and zoning
commissioners while continuing to reasonably limit the opportunity to those that have
an interest in the community; and,
WHEREAS, subsection (b) of KMC 1.90.030 should be amended to eliminate the
redundancy in qualifications for other boards, commissions and committees related to
non-residents working part time in the City; and,
WHEREAS, at its meeting of May 27, 2015, the Planning and Zoning Commission held
a public hearing and recommended Council ______________________ this Ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA, as follows:
Section 1. Form: That this is a code ordinance.
Section 2. Amendment of Section 1.90.030 of the Kenai Municipal Code: That
Kenai Municipal Code, Section 1.90.030 - Qualifications, is hereby amended as
follows:
1.90.030 Qualifications.
(a) A member of a board, commission or committee must be a resident of the City
of Kenai, unless the board, commission or committee is specifically exempted by
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Council from this requirement. The member cannot be an officer or employee of the
City of Kenai. If any member should move his or her residence from the corporate
limits of the City of Kenai (if applicable), is an officer or employee of the City of Kenai,
or shall be elected or appointed as an officer or employee of the City of Kenai, the
service of such member shall terminate immediately. He or she should be aware that
he or she will serve without salary, but will be reimbursed for all reasonable expenses
incurred in connection with this service, only after approval by Council.
(b) The Beautification Committee, and Harbor, Library, and Parks and Recreation
Commissions may at the discretion of the Council have[:(1)] up to two [(2)] non-
resident members each[; OR (2) HAVE ONE (1) MEMBER WHO DOES NOT RESIDE IN
THE CITY BUT WORKS AT LEAST ONE-HALF TIME WITHIN THE CITY].
(c) The Planning and Zoning Commission may have up to two members that are
not residents of the City if they have a controlling ownership interest in property or a
business physically located in the City.
Section 3. Severability: That if any part or provision of this ordinance or application
thereof to any person or circumstances is adjudged invalid by any court of competent
jurisdiction, such judgment shall be confined in its operation to the part, provision, or
application directly involved in all controversy in which this judgment shall have been
rendered, and shall not affect or impair the validity of the remainder of this title or
application thereof to other persons or circumstances. The City Council hereby
declares that it would have enacted the remainder of this ordinance even without such
part, provision, or application.
Section 4. Effective Date: That pursuant to KMC 1.15.070(f), this ordinance shall
take effect 30 days after adoption.
ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 3rd day of June,
2015.
______________________________________
PAT PORTER, MAYOR
ATTEST:
___________________________________
Sandra Modigh, City Clerk
Introduced: May 20, 2015
Enacted: June 3, 2015
Effective: July 3, 2015
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CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION NO. PZ15-14
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF
KENAI, ALASKA, RECOMMENDING THE CITY COUNCIL AMEND KENAI MUNICIPAL
CODE SECTION 1.90.030 - QUALIFICATIONS, TO ALLOW UP TO TWO OF THE
SEVEN MEMBERS OF THE PLANNING AND ZONING COMMISSION TO BE NON-
RESIDENTS IF THEY EITHER OWN PROPERTY OR A BUSINESS LOCATED W ITHIN
THE CITY AND MAKE OTHER HOUSEKEEPING CHANGES.
WHEREAS, Kenai Municipal Code section 1.90.030 - Qualifications, provides the general
and specific qualifications for City board, commission and committee members; and,
WHEREAS, the Kenai Municipal Code requires all seven of the planning and zoning
commissioners to be residents of the City; and,
WHEREAS, interest among qualified residents to serve on the planning and zoning
commission has been low; and,
WHEREAS, allowing non residents that either own a business physically located in the
City or own property in the City will expand the available pool of planning and zoning
commissioners while continuing to reasonably limit the opportunity to those that have an
interest in the community; and,
WHEREAS, subsection (b) of KMC 1.90.030 should be amended to eliminate the
redundancy in qualifications for other boards, commissions and committees related to
non-residents working part time in the City; and,
NOW, THEREFORE BE IT RECOMMENDED TO THE COUNCIL OF THE CITY OF
KENAI, ALASKA, THAT THE CITY COUNCIL ADOPT ORDINANCE NO. 2829-2015, AS
ATTACHED HERETO TO ALLOW UP TO TWO NON RESIDENTS THAT EITHER OWN
PROPERTY OR A BUSINESS LOCATED WITHIN THE CITY OF KENAI TO SERVE ON
THE PLANNING AND ZONING COMMISSION.
PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI,
ALASKA, ON THIS 27 TH DAY OF MAY, 2015.
CHAIRPERSON: ATTEST:
Jeff Twait, Chairperson Sandra Modigh, City Clerk
210 Fidalgo Avenue, Kenai, Alaska 99611-7794
Telephone: 907-283-7535 / Fax: 907-283-3014
www.kenai.city
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KENAI PENINSULA BOROUGH PLANNING COMMISSION
GEORGE A. NAVARRE ADMINISTRATION BUILDING
ASSEMBLY CHAMBERS
144 NORTH BINKLEY STREET
SOLDOTNA, ALASKA 99669
May 26, 2015 - 7:30 P.M.
Tentative Agenda
A. CALL TO ORDER
B. ROLL CALL
C. APPROVAL OF CONSENT AND REGULAR AGENDA
All items marked with an asterisk (*) are consent agenda items. Consent agenda items are
considered routine and non-controversial by the Planning Commission and will be approved by one
motion. There will be no separate discussion of consent agenda items unless a Planning
Commissioner so requests in which case the item will be removed from the consent agenda and
considered in its normal sequence on the regular agenda.
If you wish to comment on a consent agenda item or a regular agenda item other than a public
hearing, please advise the recording secretary before the meeting begins, and she will inform the
Chairman of your wish to comment.
*1. Time Extension Request - None
*2. Planning Commission Resolutions
a. SN 2015-11; Renaming certain public rights-of-way ................... 1
within Sections 11 & 14; T5N; R8W; SM, AK; within ESN
302. Renaming certain public rights-of-way within
Section 11; T5N; R9W; SM, AK; within ESN 302.
Renaming certain public rights-of-way within Sections 23
& 25; T5N; R10W; SM, AK; within ESN 302
b. SN 2015-12; Naming certain private rights-of-way ...................... 9
within Sections 1-36; T5N; R5W & R6W; SM, AK; within
ESN 302
*3. Plats Granted Administrative Approval ................................................... 13
*4. Plats Granted Final Approval (20.10.040) - None
*5. Plat Amendment Request - None
*6. Utility Easement Vacations - None
*7. Commissioner Excused Absences
*8. Minutes
a. May 11, 2015 Plat Committee Minutes
b. May 11, 2015 Planning Commission Minutes
D. PUBLIC COMMENT/PRESENTATIONS/COMMISSIONERS
(Items other than those appearing on the agenda. Limited to five minutes per speaker unless
Paulette Bokenko-
Carluccio
PC Member
City of Seldovia
Term Expires 2015
Alice Joanne Collins
PC Member
Anchor Point/ Ninilchik
Term Expires 2016
Cindy Ecklund
PC Member
City of Seward
Term Expires 2017
Robert F. Ernst
PC Member
Northwest Borough
Term Expires 2017
Dr. Rick Foster
Parliamentarian
Southwest Borough
Term Expires 2017
Sandra Key Holsten
PC Member
East Peninsula
Term Expires 2016
James Isham
PC Member
Sterling
Term Expires 2015
Harry Lockwood
PC Member
Ridgeway
Term Expires 2016
Blair Martin
Chairman
Kalifornsky Beach
Term Expires 2015
Robert Ruffner
Vice Chairman
Kasilof/Clam Gulch
Term Expires 2015
James Glendening
PC Member
Kenai City
Term Expires 2016
Franco Venuti
PC Member
Homer City
Term Expires 2016
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previous arrangements are made.
E. UNFINISHED BUSINESS
F. PUBLIC HEARINGS
1. Resolution 2015-___; A resolution classifying 40 acres of ..................... 18
Borough land located in the Anchor Point area as Government
and Recreational.
2. Public notice is hereby given that public hearings will be held to rename
existing road to facilitate the Enhanced 911 Street Naming and
Addressing Methods within the Kenai Peninsula Borough. Roads under
consideration at this meeting are described as follows:
a. Kenaitze Ave originally named by plat KN0001667 ................. 59
Heckel Subdivision and extended by SN2006-09; T 3N R
11W SECTIONS 18 & 19; Seward Meridian, AK; in the
Kasilof & Kalifornsky Communities; ESN 302; REASON
FOR RENAMING: Duplicate & Jump Street;
PROPOSED NAME: Yaghanen Rd & Yaghanen Rd N
b. Inland Ave (portion of) originally named by plat..................... 72
KN2001030 Foxhills Estates Subdivision Part One;
Seward Meridian, AK; in the Kasilof Community; ESN
302; REASON FOR NAMING: Jump Street;
PROPOSED NAME: Interior Ave
c. Unnamed Private Road located within HM2006097 ................ 78
Sunland Southview subdivision; T 5S R 12W SECTION
27; Seward Meridian, AK; in the Fritz Creek Community;
ESN 202; REASON FOR RENAMING: Provides access
to three or more structures; PROPOSED NAME:
Auxiliary Ave
G. ANADROMOUS WATER HABITAT PROTECTION (21.18)
1. Resolution 2015-16; A Conditional Use Permit application .................... 89
has been received to install multiple Elevated Light Penetrating
(ELP) gratewalks within the 50-foot Habitat Protection District of
the Kenai River. This project is located on the left bank of the
Kenai River at River Mile 22, Oehler Subdivision, Section 32,
T5N, R10W, SM, AK, Parcel 135-220-07. Petitioner: Don Lucia
of Soldotna, AK.
H. VACATIONS NOT REQUIRING A PUBLIC HEARING - None
I. SPECIAL CONSIDERATIONS - None
J. SUBDIVISION PLAT PUBLIC HEARINGS
1. The Plat Committee is scheduled to review 5 preliminary plats.
K. OTHER/NEW BUSINESS
1. Final Addressing Manual Major Changes Approval ............................. 120
Paul Whitney
PC Member
City of Soldotna
Term Expires 2017
Max J. Best
Planning Director
Mike Navarre
Borough Mayor
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L. ASSEMBLY COMMENTS
M. LEGAL REPRESENTATIVE COMMENTS
N. DIRECTOR'S COMMENTS
O. COMMISSIONER COMMENTS
P. PENDING ITEMS FOR FUTURE ACTION
Q. ADJOURNMENT
MISCELLANEOUS INFORMATIONAL ITEMS
NO ACTION REQUIRED
NEXT REGULARY SCHEDULED PLANNING COMMISSION MEETING
The next regularly scheduled Planning Commission meeting will be held Monday, June 8,
2015 in the Assembly Chambers of the George A Navarre Kenai Peninsula Borough, 144
North Binkley St, Soldotna, Alaska at 7:30 p.m.
ADVISORY PLANNING COMMISSION MEETINGS
CONTACT INFORMATION
KENAI PENINSULA BOROUGH PLANNING DEPARTMENT
Phone: 907-714-2200
Phone: toll free within the Borough 1-800-478-4441, extension 2215
Fax: 907-714-2378
e-mail address: planning@borough.kenai.ak.us
web site: http://www.borough.kenai.ak.us/planning-dept/planning-home
Advisory
Commission
Meeting Location Date Time
Anchor Point Anchor Point
Chamber of Commerce June 2, 2015 7:00 p.m.
Cooper Landing Cooper Landing
Community Hall June 3, 2015 6:00 p.m.
Hope / Sunrise Hope Social Hall June 4, 2015 7:00 p.m.
The Kachemak Bay and Funny River
Advisory Planning Commissions are inactive at this time.
NOTE: Advisory planning commission meetings are subject to change. Please verify the meeting
date, location, and time with the advisory planning commission chairperson. Chairperson contact
information is on each advisory planning commission website, which is linked to the Planning
Department website.
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KENAI PENINSULA BOROUGH PLAT COMMITTEE
GEORGE A. NAVARRE ADMINISTRATION BUILDING
ASSEMBLY CHAMBERS
144 NORTH BINKLEY STREET
SOLDOTNA, ALASKA 99669
6:30 p.m. May 26, 2015
Tentative Agenda
A. CALL TO ORDER
B. ROLL CALL
C. APPROVAL OF AGENDA, EXCUSED ABSENCES, AND MINUTES
1. Agenda
2. Member/Alternate Excused Absences
3. Minutes
a. May 11, 2015 Plat Committee Minutes
D. PUBLIC COMMENT
(Items other than those appearing on the agenda. Limited to five minutes per speaker
unless previous arrangements are made.)
E. SUBDIVISION PLAT PUBLIC HEARINGS
1. North Kenai 2015 ROW Vacation Plat ...................................................... 1
KPB File 2015-049 [Integrity/Hanson, Peterkin, Wellborn]
Location: North of Kenai
2. Sterling Substation Subdivision No. 2 ..................................................... 24
KPB File 2015-050 [McLane/Conoco Phillips]
Location: On Swanson River Road in Sterling
3. Carly Baier Tracts, 2015 Addition ........................................................... 57
KPB File 2015-051 [Johnson/Lefevre]
Location: On East End Road in Fritz Creek area
4. Hodnik Subdivision ................................................................................. 86
KPB File 2015-052 [Mullikin/Hodnik]
Location: On Kachemak Drive in Homer
5. Webber Subdivision No. 9 .................................................................... 122
KPB File 2015-053 [Geovera/Long]
Location: On Hidden Way in Homer
F. FINAL SUBDIVISION PLAT PUBLIC HEARING
G. OTHER / NEW BUSINESS
H. MISCELLANEOUS INFORMATION -- NO ACTION REQUIRED
I. ADJOURNMENT
MEMBERS:
JoAnne Collins
Anchor Point / Ninilchik
Term Expires 2016
Cindy Ecklund
City of Seward
Term Expires 2017
Blair Martin
Kalifornsky Beach
Term Expires 2015
Franco Venuti
City of Homer
Term Expires 2016
Paul Whitney
City of Soldotna
Term Expires 2017
ALTERNATES:
Paulette Bokenko-
Carluccio
City of Seldovia
Term Expires 2015
James Isham
Sterling
Term Expires 2015
Harry Lockwood
Ridgeway
Term Expires 2016
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NEXT REGULARLY SCHEDULED MEETING
The next regularly scheduled Plat Committee meeting will be held Monday, June 8, 2015
in the Assembly Chambers of the George A Navarre Kenai Peninsula Borough, 144
North Binkley, Soldotna, Alaska at 5:30 p.m.
PLANNING DEPARTMENT
Phone: 907-714-2215 Fax: 907-714-2378
Phone: toll free within the Borough 1-800-478-4441, extension 2215
e-mail address: planning@borough.kenai.ak.us
web site: http://www.borough.kenai.ak.us/planning-dept/planning-home
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