HomeMy WebLinkAbout2017-01-11 Planning & Zoning Packet AGENDA
KENAI PLANNING & ZONING COMMISSION – REGULAR MEETING
January 11, 2017 - 7:00 P.M.
KENAI CITY COUNCIL CHAMBERS
210 FIDALGO AVENUE, KENAI, ALASKA
http://www.kenai.city
1. CALL TO ORDER:
a. Pledge of Allegiance
b. Roll Call
c. Election of Chair and Vice Chair
d. Agenda Approval
e. 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. * December 14, 2016 ......................................................................................... 1
3. SCHEDULED PUBLIC COMMENT: None
4. PERSONS PRESENT NOT SCHEDULED: (3 Minutes)
5. CONSIDERATION OF PLATS: None
6. PUBLIC HEARINGS:
a. PZ16-39 - Application for an After the Fact Amendment of PZ05-35 (PZ03-32), a
Conditional Use Permit for the Extraction of Natural Resources below the water
table and the operation of a Sand and Gravel Pit for the property located at 2369
Beaver Loop Road; further described as Tract A1, Beaver Loop Acres Addition
No. 1. Application submitted by James Doyle on behalf of Mary Doyle, 2243
Beaver Loop Road., Kenai, AK 99611 .............................................................. 9
b. PZ16-40 - Application for an After the Fact Variance to Setbacks for the Extraction
of Natural Resources below the water table within 10 (ten) feet of the Rear
Property Line, where 150 (one hundred and fifty) feet is required for the property
located at 2369 Beaver Loop Road; and further described as Tract A1, Beaver
Loop Acres Addition No. 1. Application submitted by James Doyle on behalf of
Mary Doyle, 2243 Beaver Loop Road., Kenai, AK 99611 ............................... 59
7. UNFINISHED BUSINESS: None
8. NEW BUSINESS: None
9. PENDING ITEMS: None
10. REPORTS:
a. City Council ...................................................................................................... 68
b. Borough Planning ........................................................................................... 73
c. Administration
11. PERSONS PRESENT NOT SCHEDULED: (3 Minutes)
12. INFORMATIONAL ITEMS: None
13. NEXT MEETING ATTENDANCE NOTIFICATION: January 25, 2017
14. COMMISSION COMMENTS & QUESTIONS:
15. ADJOURNMENT:
CITY OF KENAI
PLANNING & ZONING COMMISSION
CITY COUNCIL CHAMBERS
DECEMBER 14, 2016 - 7:00 P.M.
PRESIDENT PRO TEMPORE PETERSON, PRESIDING
MINUTES
1. CALL TO ORDER:
Commissioner Peterson called the meeting to order at 7:02 p.m.
a. Pledge of Allegiance
Commissioner Peterson led those assembled in the Pledge of Allegiance.
Deputy Clerk J. Heinz administered the Oaths of Office to Commissioners Greenberg, Askin, and
Halstead.
b. Roll Call
Commissioners present: R. Springer, K. Peterson, J. Halstead, G. Greenberg, V. Askin
Staff/Council Liaison present: City Planner M. Kelley, Deputy Clerk J. Heinz, and Council
Liaisons J. Glendening and H. Knackstedt
A quorum was present.
MOTION:
Commissioner Springer MOVED to appoint Commissioner Peterson as President Pro Tempore
for the meeting and Commissioner Halstead SECONDED the motion. There were no objections;
SO ORDERED.
c. Agenda Approval
MOTION:
Commissioner Springer MOVED to approve the agenda and Commissioner Halstead
SECONDED the motion. There were no objections; SO ORDERED.
d. Consent Agenda
MOTION:
Commissioner Springer MOVED to approve the consent agenda; Commissioner Askin
SECONDED the motion. There were no objections; SO ORDERED.
*All items listed with an asterisk (*) are considered to be routine and non-controversial by the
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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.
e. *Excused Absences – Commission Chair Twait, Vice Chair Fikes.
2. *APPROVAL OF MINUTES: November 9, 2016
Minutes were approved by the consent agenda.
3. SCHEDULED PUBLIC COMMENT: (10 Minutes) None scheduled.
4. PERSONS PRESENT NOT SCHEDULED: (3 Minutes) None.
5. CONSIDERATION OF PLATS:
a. PZ16-41 – Vacation of Utility Easements – Preliminary Original Plat of Ridgeview
Subdivision 2016 Replat, submitted by Integrity Surveys, 820 Set Net Dr., Kenai, AK
99611
City Planner Kelley reviewed his staff report, which was provided in the packet, noting the new
plat vacated utility easements, and recommended approval with following recommendations:
• Further development of the property shall conform to all Federal, State, and local
regulations
• The City Council for the City of Kenai must approve the vacation of the utility
easements, pursuant to Kenai Municipal Code 22.05.110.
MOTION:
Commissioner Springer MOVED to approve Resolution No. PZ16-41 and Commissioner Halstead
SECONDED the motion.
President Pro Tempore Peterson opened the public hearing; there being no one wishing to testify,
the public hearing was closed.
VOTE:
YEA: Peterson, Springer, Halstead, Greenberg, Askin
NAY:
MOTION PASSED UNANIMOUSLY.
6. PUBLIC HEARINGS:
a. PZ16-38 – Application for Conditional Use Permit to construct a greenhouse
located on the property known as 513 Overland Dr.; and further described as Lot
5, Block 5, Original Townsite of Kenai, excluding the Southwesterly 20 feet of the
Southeasterly 20 feet. Application submitted by Kenaitze Indian Tribe, P.O. Box
988, Kenai, AK 99611.
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City Planner Kelley reviewed his staff report, which indicated staff found the proposal satisfied the
review criteria and recommended approval with the following conditions:
• Applicant must comply with all Federal, State, and local regulations.
• Applicant shall file an annual report for the Conditional Use Permit as set forth in
Kenai Municipal Code 14.20.150(f).
• If there is a change of use for the described property, a new Conditional Use Permit
must be obtained pursuant to KMC 14.20.150(i)(5).
MOTION:
Commissioner Askin MOVED to approve Resolution No. PZ16-38 and Commissioner Springer
SECONDED the motion.
President Pro Tempore Peterson opened the public hearing.
Rusty Swan, director of housing, noted the tribe’s intent to break ground in the spring, that
diabetes and other health related concerns were intended to be the core purpose for the
greenhouse but depending on production could be used for classrooms or food banks.
There being no one else wishing to testify, the public hearing was closed.
VOTE:
YEA: Peterson, Springer, Halstead, Greenberg, Askin
NAY:
MOTION PASSED UNANIMOUSLY.
Peterson noted the 15-day appeal period.
7. UNFINISHED BUSINESS: None.
8. NEW BUSINESS:
a. Conduct a Completeness Review of PZ16-39; a Request for an After the Fact
Amendment of PZ05-35 (PZ03-32), a Conditional Use Permit for the Extraction of
Natural Resources below the water table and the operation of a Sand and Gravel
Pit for the property located at 2369 Beaver Loop Road; further described as Tract
A1, Beaver Loop Acres Addition No. 1. Application submitted by Mary Doyle, 2243
Beaver Loop Road., Kenai, AK 99611 AND Consider Scheduling the Application
for a Public Hearing on January 11, 2017 before the Planning and Zoning
Commission.
Staff reviewed the memorandum which was included in the packet, noting the Conditional Use
Permit was transferred in its entirety to the Doyles in 1985, amended in 2003 to allow a storage
yard, and amended again in 2005 to address the water table. It was pointed out that excavation
had taken place in “area two” that fell within the required buffer to within ten feet of the property
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line, the applicant made it known to the City, health issues were a factor, and the erroneous
excavation was not believed to be malicious. It was also pointed out that the intent was to sell
the gravel pit. Staff recommended the Commission find both applications complete and schedule
both Public Hearings for January 11, 2017.
MOTION:
Commissioner Springer MOVED to determine application associated with PZ16-39 as complete
and set a public hearing for January 11, 2017 and Commissioner Askin SECONDED the motion.
It was noted that the amendment to the Conditional Use Permit that was considered in 2005 was
appealed to the Board of Adjustment and the decision was included in the packet.
President Pro Tempore Peterson opened the floor for public comment.
Don Moffits noted excavation had taken place into water table but not through the gravel layer; it
wasn’t feasible to get into the silt layer.
There being no one else wishing to be heard, public comment was closed.
VOTE:
YEA: Peterson, Springer, Halstead, Greenberg, Askin
NAY:
MOTION PASSED UNANIMOUSLY.
b. Conduct a Completeness Review of PZ16-40; an Application for an After the Fact
Variance to Setbacks for the Extraction of Natural Resources below the water table
within 10 (ten) feet of the Rear Property Line, where 150 (one hundred and fifty)
feet is required Permit for the property located at 2369 Beaver Loop Road; and
further described as Tract A1, Beaver Loop Acres Addition No. 1. Application
submitted by Mary Doyle, 2243 Beaver Loop Road., Kenai, AK 99611 AND
Consider Scheduling the Application for a Public Hearing on January 11, 2017
before the Planning and Zoning Commission.
It was noted work had been accomplished cleaning up the slope; the variance would reduce a
one hundred fifty buffer to ten feet.
MOTION:
Commissioner Springer MOVED to determine application associated with PZ16-40 as complete
and set a public hearing for January 11, 2017 and Commissioner Halstead SECONDED the
motion.
VOTE:
YEA: Peterson, Springer, Halstead, Greenberg, Askin
NAY:
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MOTION PASSED UNANIMOUSLY.
c. Resolution No. PZ16-42 A Resolution of the Planning and Zoning Commission of
the City of Kenai, recommending an Ordinance to the Council of the City of Kenai,
consenting to an Amendment to Extend the Terms of Lease to 2035 of Certain
City-Owned Land, identified as a Portion of Lot 3, Block 17, Original Townsite of
Kenai and the Building Known as the “Fine Arts Center”, to the Peninsula Art Guild,
Inc., without a Current Appraisal and Declaring an Amendment to the Lease is in
the Best Interest of the City.
Staff noted the art guild was seeking grants for building renovations and the grants required a
longer lease; the lease extension required Planning and Zoning Commission review; lease was
not a traditional lease and a portion of the code needed to be waived due to the condition of the
building.
MOTION:
Commissioner Springer MOVED to approve Resolution No. PZ16-42 and Commissioner Askin
SECONDED the motion.
It was noted that the roof had been repaired recently but the building was not understood to have
any other major maintenance issues. It was also noted the issues between the potters and the
art guild had been resolved.
VOTE:
YEA: Peterson, Springer, Halstead, Greenberg, Askin
NAY:
MOTION PASSED UNANIMOUSLY.
9. PENDING ITEMS: None.
10. REPORTS:
a. City Council – Council Member Glendening reviewed the action agenda from the
December 7 Council Meeting which was provided in the packet and added that he
attended Alaska Municipal League noting the takeaway that stating findings were
important in quasi judicial situations and questioning shows the body is engaged in the
matter. Also reported that he attended work sessions on December 1 regarding the dipnet
fishery, December 8 regarding leases within the airport reserve, and December 13
regarding the FY17 budget.
b. Borough Planning – Council Member Glendening reported on actions from the November
28 and December 12 meetings, noting the following:
• approval of ten plats;
• approval of a vacation of a utility easement;
• approval of a vacation of a public trail in Homer;
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• two public hearings for a marijuana facilities in the Ridgeway area and Kasilof;
• heard the presentation of the City of Kenai Comprehensive Plan;
• made an exception to a flood plain management decision.
c. Administration – City Planner M. Kelley noted the Borough Planning and Zoning
Commission recommended approval of the City of Kenai Comprehensive Plan to the
Kenai Peninsula Borough with minor textual changes. Adoption scheduled for January 3.
Also pointed out the next meeting was scheduled for December 28 and recommended
canceling the meeting due to holidays.
It was decided to cancel the December 28 meeting.
11. PERSONS PRESENT NOT SCHEDULED:
Henry Knackstedt congratulated Commissioners Halstead, Greenberg, and Aksin on their
appointment to the Commission and noted the job well done on a difficult meeting with the
absence of the Chair and Vice Chair.
Jim Glendening also welcomed the new Commissioners and encouraged recruitment of
commissioners for other commissions.
12. INFORMATIONAL ITEMS:
a. Consent to Assignment of Lease of General Fund Lands for property described as
a portion of Government Lot 10, Section 4, Township 5 North, Range 11 West, and
Lots 2 & 4, Amended U.S. Survey 4563 located at 672 Bridge Access Road from
Salamatof Fisheries, LLC. (Assignor) to RABUF, LLC (Assignee).
b. Consent to Assignment of Lease of General Fund Lands for Property Described as
Tract C, Kenai Tidelands Survey No. 2 from Pacific Star Seafoods, Inc., (Assignor)
to RABUF, LLC (Assignee).
c. Consent to Assignment of Lease of General Fund Lands for Property described as
Lot 2, Kenai Spit Subdivision, located at 2000 Columbia Street from Wild Pacific
Salmon, Inc. (Assignor) to North Pacific Seafoods, Inc. (Assignee).
.
13. NEXT MEETING ATTENDANCE NOTIFICATION: December 28, 2016 – cancelled.
14. COMMISSION COMMENTS & QUESTIONS: None.
Commissioner Peterson welcomed Commissioners Askin and Greenberg to the Commission;
welcomed Commissioner Halstead back.
Commissioner Springer echoed Commissioner Peterson’s comments.
15. ADJOURNMENT:
There being no further business before the Commission, the meeting was adjourned at 8:30 p.m.
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Minutes prepared and submitted by:
_____________________________
Jamie Heinz, CMC
Deputy City Clerk
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THIS PAGE INTENTIONALLY LEFT BLANK
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STAFF REPORT
To: Planning & Zoning Commission Res: PZ16-39 (PZ05-35, PZ03-32)
Date: January 11, 2017 Res: PZ16-40
Applicant: James Doyle
P.O. Box 582
Kenai, Alaska 99611
Owner: Mary Doyle
2243 Beaver Loop
Kenai, Alaska 99611
Requested Action: After the Fact Amendment of PZ05-35 (PZ03-32), a
Conditional Use Permit for the Extraction of Natural
Resources below the water table and the operation of
a Sand and Gravel Pit
After the Fact Variance to Setbacks for the Extraction
of Natural Resources below the water table within 10
(ten) feet of the Rear Property Line, where 150 (one
hundred and fifty) feet is required
Legal Description: Tract A1, Beaver Loop Acres Addition No. 1
Street Address: 2369 Beaver Loop Road
KPB Parcel No: 04912051
Existing Zoning: Rural Residential
Current Land Use: Gravel Pit
Land Use Plan: Rural Residential
Acreage: 52.50
ANALYSIS
Introduction:
On behalf of the owner, the applicant has submitted an application for an After
the Fact Amendment of a Conditional Use Permit for the operation of a gravel pit.
In addition, the applicant has also submitted an application for an After the Fact
Variance for setbacks of the subject gravel pit.
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PZ16-39 (PZ05-35, PZ03-32) & PZ16-40 Staff Report
Page 2
In 1976, the original Conditional Use Permit (CUP) was issued to River Bend
Sand and Gravel. Then in 1985, it was transferred to Mr. and Ms. Doyle after
they purchased the subject parcel and gravel pit. In 2005, the subject CUP was
amended to allow for excavation below the water table, “at the current pit
location”.
In 1985 when the permit was transferred to Mr. Doyle, it was transferred intact
and complete. Given that the original CUP did not include excavation below the
water table, Kenai Municipal Code required that an amendment to the CUP be
required. KMC 14.20.158(b) states:
(b) A permit holder may amend his site plan and statements by
filing an application for amendment in writing with the
administrative official. The Commission shall approve the
application for amendment if the original application would have
been approved had it contained the provisions of the
application for amendment.
In 2005, the subject amendment application identified two areas known at Area 1
and Area 2 (See attached aerial photo). It was determined at that time after
extensive research by staff, that Area 1 had been excavated to the rear property
line prior to the City assuming zoning powers and; therefore, was a non-
conforming use pursuant to KMC 14.20.050(f). Area 2 had not been excavated;
therefore, it was determined that the area behind Area 2 was subject to the
setback requirements outlined in KMC 14.20.154(a)(2) requiring a setback of 200
feet from any road or public right-of-way and 150 feet from other surrounding
property lines.
Pursuant to the submitted application, approximately 10 years ago, the 150-foot
buffer area was started to be excavated with its final location to within
approximately 10 feet of the rear property line. According to the petitioner,
James Doyle, the gravel pit owners, Mr. and Ms. Doyle did not purposely or
maliciously breach the 150-foot buffer area. The petitioner has indicated that due
to failing health of Mr. Doyle, he was unable to maintain awareness of the
required conditions of PZ05-35, which required that the 150-foot buffer area north
of Area 2 be left unexcavated.
James Doyle, who is the brother of Mr. Doyle has applied on behalf of Ms. Doyle
for an After the Fact Condition Use Permit Amendment to recognize the
excavation which has occurred within the 150-foot buffer area. Pursuant to the
submitted application materials, the applicant has submitted an updated site plan
which shows the excavated area. The site plan shows the depths of the
excavation as well. In addition, the application includes a profile of the
excavation area which shows a 2:1 slope along the final face of the excavated
area.
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PZ16-39 (PZ05-35, PZ03-32) & PZ16-40 Staff Report
Page 3
Completeness Review – Planning & Zoning Commission Meeting,
December 14, 2016:
Pursuant to Kenai Municipal Code (KMC), 14.20.152, a Conditional Use Permit
(CUP) for the Extraction of Natural Resources requires the Commission to review
the application and accompanying information to determine if it is sufficient to
meet the requirements of the chapter. If the requirements have not been met,
the Commission may request the applicant to prepare and submit additional
information to assist in their consideration of the application. If the Commission
finds that additional information is required to make a completeness
determination, they may at their discretion, hold a second completeness review
meeting to consider the revised materials. Upon a determination by the
Commission that the submitted application is complete the Commission shall
hold a public hearing on the application at the first regular meeting following the
meeting at which their initial application review was made, pursuant to KMC
14.20.153.
At their regular meeting of December 14, 2016, the Planning and Zoning
Commission conducted a completeness review of the subject applications and
found said applications to be complete.
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 an updated site
plan which shows the location of the gravel extraction area behind Area 2.
As part of PZ05-35 this area was shown as a portion of Area 2 and the
150-foot setback area. As conditioned by the Planning and Zoning
Commission then further conditioned and approved by the Board of
Adjustment, this area was to remain unexcavated. The applicant has also
submitted a horizontal profile of the buffer area which shows the creation
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PZ16-39 (PZ05-35, PZ03-32) & PZ16-40 Staff Report
Page 4
of a 2:1 slope for the final excavation. As discussed by the Planning and
Zoning Commission at their December 14, 2016 meeting it was
determined that the application was complete. Furthermore, staff has
spoken with the Army Corps of Engineers and it has been determined that
a permit to remove the material from the mapped wetlands and deposit it
in uplands in not required for the proposed project. Therefore, the
application is in substantial compliance with the requirements of KMC
14.20.151.
2. The boundaries of the proposed excavation at it greatest dimensions,
including back slopes, are at least two hundred feet (200’) from any public
right-of-way and at least one hundred fifty feet (150’) from other
surrounding property lines, except that adjoining permitted surface
extraction of natural resources sites are not required to maintain the above
one hundred fifty feet (150’) excavation between sites.
Pursuant to KMC 14.20.154(a)(1) the boundaries of a sand and gravel
excavation at its greatest dimensions, including back slopes, 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 shown on the submitted site plan and in keeping with the site plan from
PZ05-35, the buffer area behind Area 2 has been excavated to a distance
of approximately 10 feet from the rear property line; where 150 is required.
Also, as shown on the submitted site plan and pursuant to PZ05-35, the
excavation within in this buffer area has extended to the western property
line. This western property line shares a common excavation area with
the gravel pit to the west owned by Twin Rivers Resources, Inc. (Foster
Construction). Pursuant to KMC 14.20.154, gravel pit sites are not
required to maintain setbacks between extraction sites. Thus, the
excavation area can be located within this property line. However, as
discussed in PZ05-35, water run-off must be maintained on the subject
parcel; thus slopes in this area must be grated to 2:1 so that any water
run-off will not overflow onto the adjacent parcel.
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.
The subject gravel pit is located off Beaver Loop Road and is primarily not
visible from the roadway or surrounding residents.
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PZ16-39 (PZ05-35, PZ03-32) & PZ16-40 Staff Report
Page 5
The subject parcel is zoned Rural Residential which allows gravel pits as a
Conditional Use. The subject gravel pit was originally issued in 1976 and
was later transferred to Mr. and Ms. Doyle in 1985. Thus the subject
gravel pit has existed on the subject parcel for approximately 40 years. At
present time there are 4 single family residents which are directly adjacent
to the subject gravel pit; of which two are owned by members of the Doyle
family. Directly to the west of the subject gravel pit is a gravel pit owned
by Foster Construction. North of the subject gravel pit is an approximately
320-acre parcel which is undeveloped and owned by the City of Kenai.
This parcel contains a mix of uplands and wetlands as well as mix of
woodlands.
In viewing the subject gravel pit from Beaver Loop Road, staff was able to
observe only a small portion of it briefly while driving in both directions.
The subject pit is accessed by a gravel driveway which contains no signs
or other identifying markers. The subject gravel pit is fenced along Beaver
Loop Road as well as along the gravel driveway. The rear portion of the
gravel pit is fenced with wire fencing. Staff did observe portions of the
fencing which appeared damaged by trespass snow machine activity. The
Conditional Use Permit will be conditioned to require that all damaged
portions of the fencing surrounding the entire gravel pit be repaired.
Thus, the above finding can be made.
4. The site plan provides that back slopes be a minimum of a 2:1 slope,
except for the contiguous working face.
As depicted on the submitted site plan and 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.
PZ05-35 (PZ03-32) amended the existing Conditional Use Permit to allow
for gravel extraction below the water table. The CUP identified three
areas known as Area 1, Area 2 and Area 3 where gravel would be
excavated to a depth of approximately 30 feet below the original ground
surface. Furthermore, PZ05-35 was amended by the Board of Adjustment
to required that “If fill material is placed in the pits, it must be fill material
originally from this [approximately] 55-acre site and it must not contain any
“hazardous substances” or “industrial waste,” “mining waste,” “solid
waste,” or “other waste”, pursuant to those definitions found in AS
46.03.900.
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PZ16-39 (PZ05-35, PZ03-32) & PZ16-40 Staff Report
Page 6
As part of PZ05-35, Area 1 was identified as having been excavated to the
north property line prior to the city’s assumption of zoning powers and the
adoption of the Kenai Municipal Code. It was further discussed that
generally, non-conforming uses are not allowed to be enlarged or
increased, pursuant to KMC 14.20.050. However, under the “diminishing
asset doctrine” as adopted by the Alaska Supreme Court, excavation
down into the water table would not be considered to enlarge or increase
the non-conformity of the use. The applicant identified on the site plan
that Area 1 would be reclaimed as a lake, thus this area complied with
Kenai Municipal Code.
At that time, Areas 2 and 3 had not be excavated, therefore they were
subject to the setback requirements of KMC 14.20.154. Thus behind Area
2, a 150 setback buffer area was identified on the site plan to not be
excavated.
As shown on the site plan dated June 21, 2005, Areas 2 and 3 were
identified to be excavated below the water table and then back filled with
dirt from on site and planted with grass or used for agriculture purposes.
Three of the other six gravel pits in the area have received permits to
excavate below the water table. These pits have included a lake as part
of their reclamation plan. In 1985 when the original permit was transferred
to Mr. and Ms. Doyle, the reclamation plan identified the development of a
residential subdivision. The original reclamation plan was never modified;
thus a lake was included in the reclamation plan. On the submitted site
plan, Area 2 and 3 are show to drain to Area 1 once they have been
excavated to depth of 30 feet and sloped to 2:1. They would then be
back-filled and planted with grass as part of the reclamation plan.
Thus, this finding can be made.
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.
The existing gravel pit is fenced on all sides; therefore, the excavation will
not endanger the public safety. The Conditional Use Permit will be
conditioned to require that any fencing which is damaged will have to be
repaired prior to any new excavation activities.
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
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PZ16-39 (PZ05-35, PZ03-32) & PZ16-40 Staff Report
Page 7
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, the applicant has indicted that the reclamation
plan will include a lake and natural vegetation. In addition, Area 3 would
be used for agricultural purposes.
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 Rural Residential. 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.
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 eight 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 and closing soon.
Pursuant to the submitted application and annual report submitted by the
applicant, approximately 1,382 cubic yards of gravel was excavated from
the subject gravel pit.
Pursuant to PZ05-35, the Board of Adjustment (BOA) considered an
appeal of the decision of the Planning and Zoning Commission to approve
the CUP Amendment. It was discussed in the decision by the BOA that
there was a concern by surrounding property owners that excavation
below the water table could potentially impact the surrounding water
supply for neighboring wells. In a memorandum submitted by the then
City Engineer there has historically been excavation below the water table
by surrounding gravel pits with no indication of effect on groundwater
turbidity or flow. Furthermore, the BOA could find no evidence to indicate
there has been or ever will groundwater contamination should the
amendment to the CUP be granted. Nonetheless, the BOA felt that
precautions should be taken to minimize such a risk.
Presently staff is unaware of any groundwater contamination as a result
excavation below the water table within the subject gravel pit or nearest
15
PZ16-39 (PZ05-35, PZ03-32) & PZ16-40 Staff Report
Page 8
possible location of down-gradient residential water wells. However, the
CUP Amendment will be conditioned to uphold the BOA required condition
to only allow excavation to a depth of 30 feet below the original ground
surface.
10. The applicant is the owner of the subject property.
The applicant is the brother-in-law of the owner of the subject property.
Pursuant to the submitted application, she has given permission for the
application to apply for the proposed Conditional Use Permit Amendment
on her behalf.
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.
Pursuant to the submitted application, the Application is requesting an
After the Fact Variance for reduced setbacks for the Surface Extraction of
Natural Resources pursuant to KMC 14.20.154(a)(2). As outlined in
Code, the boundaries of the existing excavation at its greatest dimensions,
including back slopes, should be two hundred feet from any road or public
right-of-way and one hundred fifty feet from other surrounding property
lines, with the exception 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 10 feet along the rear
property line within the area identified as the buffer area behind Area 2.
Within the area of the existing gravel pit to the west, there are two other
gravel pits which have excavated to the extent of the northern property
line. These two pits were established prior to the city assuming zoning
powers and thus are legal non-conforming uses pursuant to KMC
14.20.050.
At present the portion of the subject gravel pit shown as Area 1 is
considered legal non-conforming because it was excavated to the
northern property line prior to the city assuming zoning powers in 1984.
16
PZ16-39 (PZ05-35, PZ03-32) & PZ16-40 Staff Report
Page 9
Thus it may continue to operate so long as it is not enlarged beyond its
extent. PZ05-35 allowed this area to be excavated below the water table,
because it was determined by the Board of Adjustment based on the
“diminishing asset doctrine” as adopted by the Alaska Supreme Court that
it was not to be considered an enlargement or increase in the non-
conformity of its use.
According to the applicant, beginning approximately 10 years ago, the
owners began the process of excavating Area 2 as shown on the site plan
dated June 21, 2005 (PZ05-35). During that time Mr. Doyle was
experience failing health and was unable to maintain awareness of the
required conditions of PZ05-35. Thus, Area 2 was excavated beyond the
150-foot setback as required by KMC. The application has indicated that
Mr. Doyle did not purposely or maliciously breach the 150-foot setback
area.
In 1985 when the permit was transferred to Mr. Doyle, it was transferred
intact and complete. Given that the original CUP did not include
excavation below the water table, Kenai Municipal Code required that an
amendment to the CUP be required. KMC 14.20.158(b) states:
(b) A permit holder may amend his site plan and statements by filing
an application for amendment in writing with the administrative
official. The Commission shall approve the application for
amendment if the original application would have been approved
had it contained the provisions of the application for amendment.
Pursuant to KMC 14.20.158(b) as discussed above and in PZ05-35 an
amendment to a CUP should be approved by the Commission if the
original application would have been approved had it contained the
provisions of the application for amendment. It was discussed by staff in
PZ05-35 that other gravel pits in the area have noted a high water table
and requested and subsequently approved to excavate below the water
table. Thus given this discussion, it is staffs opinion 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.
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.
17
PZ16-39 (PZ05-35, PZ03-32) & PZ16-40 Staff Report
Page 10
The proposed use is an allowed use within the Rural Residential Zoning
District subject to obtaining a Conditional Use Permit. The use is
appropriate given the surrounding existing gravel pit land uses to the west.
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 requested After the Fact Variance would recognize a setback of 10
feet from the northern property line for the area behind Area 2. The area
has been excavated to approximately 30 feet below the original ground
surface and at a final 2:1 slope. Recognizing this setback would allow the
applicant to regrade the final working face of the limit of the extraction
area to a 2:1 slope in this area. The applicant would then reclaim this area
with backfill material and then plant with native grasses. The above
request will provide for a reasonable use of the land as a gravel pit and
allow the applicant the ability reclaim this portion of the existing gravel pit
at its present setback of 10 feet from the rear property line.
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 Rural Residential zoning district.
RECOMMENDATIONS
Staff finds that the applicant has met the standards for approval of an After the
Fact Amendment to PZ05-35(PZ03-32) a Conditional Use Permit for the Surface
Extraction of Natural Resources and an After the Fact Variance Permit. Staff
hereby recommends that the Planning & Zoning Commission approve the After
the Fact Amendment to the Conditional Use Permit for the Surface Extraction of
Natural Resources and the After the Fact Variance Permit, subject to the
following Conditions of Approval:
CONDITIONS OF APPROVAL
1. Prior to commencement of extraction of Natural Resources or any
reclamation activities, the Applicant shall obtain all necessary State and
Federal Permits.
2. Prior to commencement of any extraction of Natural Resources or any
reclamation activities, the Applicant shall repair or replace any damaged
fencing located on the rear of the site.
18
PZ16-39 (PZ05-35, PZ03-32) & PZ16-40 Staff Report
Page 11
3. Prior to commencement of any extraction of Natural Resources or any
reclamation activities, the Applicant shall submit a revised site plan which
labels the area behind Area 2 as Area 2A and ensures that the further
subsurface extraction is limited to within 10 feet of the rear property line.
4. Excavation below the water table shall only be allowed in those locations
marked Area 1, Area 2, Area 2A and Area 3.
5. There shall be no further excavation below the water table in the Area
located up to 10 feet from the rear property line behind Area 2. The final
working face shall be back sloped to minimum angle of 2:1.
6. The excavation may not penetrate the subsurface clay/silt layer located
approximately 30 feet below the original ground surface.
7. If fill material is placed in the pits, it must be fill material originally from this
approximately 52.5-acre site and it must not contain any “hazardous
substances,” or “industrial waste,” “mining waste,” “solid waste,” or “other
waste” as defined in Alaska State Statues.
8. Applicant shall file an annual report for the Conditional Use Permit as set
forth in Kenai Municipal Code 14.20.155.
9. Applicant shall employ the use of dust control measures to ensure the
material site and the driveway fronting onto Beaver Loop Road remain
dust free. Dust control shall include the daily use of a water truck and
placement of Calcium Chloride on the driveway. A water truck shall also
be used to control dust from the working face of the Gravel Pit.
ATTACHMENTS:
1. Resolution No. PZ16-39
2. Resolution No. PZ16-40
3. Map
4. Site Plan
5. Grading Profile
6. Original Applications
7. Board of Adjustment Decision BA-05-2
8. Staff Report, Resolution, and Application Materials - PZ05-35
9. Staff Report, Resolution, and Application Materials – PZ03-32
19
CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION NO. PZ16-39 (PZ05-35, PZ03-32)
CONDITIONAL USE PERMIT AMENDMENT
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI
GRANTING A REQUEST FOR AN AFTER THE FACT AMENDMENT OF A CONDITIONAL
USE PERMIT FOR EXTRACTION OF NATURAL RESOURCES TO ALLOW DIGGING BELOW
THE WATER TABLE.
APPLICANT: James Doyle
PROPERTY ADDRESS: 2369 Beaver Loop Road, Kenai, AK 99611
LEGAL DESCRIPTION: Tract A1, Beaver Loop Acres Addition No. 1
KENAI PENINSULA BOROUGH PARCEL NO: 04912051
WHEREAS, an application meeting the requirements of Sections 14.20.151, 14.20.152,
14.20.153, 14.20.154 and 14.20.155 of the Kenai Municipal Code has been submitted and
received on November 21, 2016; and,
WHEREAS, the application affects land which is zoned as Rural Residential (RR); and,
WHEREAS, a duly advertised application completeness review as required by Kenai Municipal
Code 14.20.152 was conducted by the Planning and Zoning Commission on December 14,
2016; and,
WHEREAS, a duly advertised public hearing was required by Kenai Municipal Code 14.20.153
and 14.20.280 was conducted by the Planning and Zoning Commission on January 11, 2017;
and,
WHEREAS, the applicant has demonstrated with plans and other documents that the
prerequisites of a Conditional Use Permit have been met. Kenai Municipal Code 14.20.154
details the intent and application process for conditional uses. The code also specifies the
review criteria that must be satisfied prior to issuing the permit. The criteria are:
A. 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.
210 Fidalgo Avenue, Kenai, Alaska 99611-7794
Telephone: 907-283-7535 / Fax: 907-283-3014
www.ci.kenai.ak.us
20
Resolution No. PZ16-39 (PZ05-35, PZ03-32)
Page 2 of 6
As required by KMC 14.20.151, the applicant has submitted an updated site plan which
shows the location of the gravel extraction area behind Area 2. As part of PZ05-35 this area
was shown as a portion of Area 2 and the 150-foot setback area. As conditioned by the
Planning and Zoning Commission then further conditioned and approved by the Board of
Adjustment, this area was to remain unexcavated. The applicant has also submitted a
horizontal profile of the buffer area which shows the creation of a 2:1 slope for the final
excavation. As discussed by the Planning and Zoning Commission at their December 14,
2016 meeting it was determined that the application was complete. 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.
B. 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 a sand and gravel excavation at its
greatest dimensions, including back slopes, 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 shown on the submitted site plan and in keeping with the site plan from PZ05-35, the
buffer area behind Area 2 has been excavated to a distance of approximately 10 feet from
the rear property line; where 150 is required. Also, as shown on the submitted site plan
and pursuant to PZ05-35, the excavation within in this buffer area has extended to the
western property line. This western property line shares a common excavation area with
the gravel pit to the west owned by Twin Rivers Resources, Inc. (Foster Construction).
Pursuant to KMC 14.20.154, gravel pit sites are not required to maintain setbacks between
extraction sites. Thus, the excavation area can be located within this property line.
However, as discussed in PZ05-35, water run-off must be maintained on the subject parcel;
thus slopes in this area must be grated to 2:1 so that any water run-off will not overflow
onto the adjacent parcel.
C. 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.
The subject gravel pit is located off Beaver Loop Road and is primarily not visible from the
roadway or surrounding residents. The subject parcel is zoned Rural Residential which
allows gravel pits as a Conditional Use.
The subject gravel pit was originally issued in 1976 and was later transferred to Mr. and
Ms. Doyle in 1985. Thus the subject gravel pit has existed on the subject parcel for
approximately 40 years.
21
Resolution No. PZ16-39 (PZ05-35, PZ03-32)
Page 3 of 6
At present time there are 4 single family residents which are directly adjacent to the subject
gravel pit; of which two are owned by members of the Doyle family. Directly to the west of
the subject gravel pit is a gravel pit owned by Foster Construction. North of the subject
gravel pit is an approximately 320-acre parcel which is undeveloped and owned by the City
of Kenai. This parcel contains a mix of uplands and wetlands as well as mix of woodlands.
In viewing the subject gravel pit from Beaver Loop Road, staff was able to observe only a
small portion of it briefly while driving in both directions. The subject pit is accessed by a
gravel driveway which contains no signs or other identifying markers. The subject gravel
pit is fenced along Beaver Loop Road as well as along the gravel driveway. The rear
portion of the gravel pit is fenced with wire fencing. Staff did observe portions of the
fencing which appeared damaged by trespass snow machine activity. The Conditional Use
Permit will be conditioned to require that all damaged portions of the fencing surrounding
the entire gravel pit be repaired.
Thus, the above finding can be made.
D. The site plan provides that back slopes be a minimum of a 2:1 slope, except for the
contiguous working face.
As depicted on the submitted site plan and grading cross section, all proposed reclamation
slopes will be graded to no steeper than 2:1 slope. Therefore, this finding can be made.
E. 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.
PZ05-35 (PZ03-32) amended the existing Conditional Use Permit to allow for gravel
extraction below the water table. The CUP identified three areas known as Area 1, Area 2
and Area 3 where gravel would be excavated to a depth of approximately 30 feet below the
original ground surface. Furthermore, PZ05-35 was amended by the Board of Adjustment
to required that “If fill material is placed in the pits, it must be fill material originally from this
[approximately] 55-acre site and it must not contain any “hazardous substances” or
“industrial waste,” “mining waste,” “solid waste,” or “other waste”, pursuant to those
definitions found in AS 46.03.900.
As part of PZ05-35, Area 1 was identified as having been excavated to the north property
line prior to the city’s assumption of zoning powers and the adoption of the Kenai Municipal
Code. It was further discussed that generally, non-conforming uses are not allowed to be
enlarged or increased, pursuant to KMC 14.20.050. However, under the “diminishing asset
doctrine” as adopted by the Alaska Supreme Court, excavation down into the water table
would not be considered to enlarge or increase the non-conformity of the use. The
applicant identified on the site plan that Area 1 would be reclaimed as a lake, thus this area
complied with Kenai Municipal Code.
At that time, Areas 2 and 3 had not be excavated, therefore they were subject to the
setback requirements of KMC 14.20.154. Thus behind Area 2, a 150 setback buffer area
was identified on the site plan to not be excavated.
22
Resolution No. PZ16-39 (PZ05-35, PZ03-32)
Page 4 of 6
As shown on the site plan dated June 21, 2005, Areas 2 and 3 were identified to be
excavated below the water table and then back filled with dirt from on site and planted with
grass or used for agriculture purposes. Three of the other six gravel pits in the area have
received permits to excavate below the water table. These pits have included a lake as
part of their reclamation plan. In 1985 when the original permit was transferred to Mr. and
Ms. Doyle, the reclamation plan identified the development of a residential subdivision.
The original reclamation plan was never modified; thus a lake was included in the
reclamation plan. On the submitted site plan, Area 2 and 3 are show to drain to Area 1
once they have been excavated to depth of 30 feet and sloped to 2:1. They would then be
back-filled and planted with grass as part of the reclamation plan.
Thus, this finding can be made.
F. 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.
The existing gravel pit is fenced on all sides; therefore, the excavation will not endanger the
public safety. The Conditional Use Permit will be conditioned to require that any fencing
which is damaged will have to be repaired prior to any new excavation activities.
G. 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,
the applicant has indicted that the reclamation plan will include a lake and natural
vegetation. In addition, Area 3 would be used for agricultural purposes.
H. 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 Rural
Residential. 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.
I. 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 eight 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 and
closing soon.
23
Resolution No. PZ16-39 (PZ05-35, PZ03-32)
Page 5 of 6
Pursuant to the submitted application and annual report submitted by the applicant,
approximately 1,382 cubic yards of gravel was excavated from the subject gravel pit.
Pursuant to PZ05-35, the Board of Adjustment (BOA) considered an appeal of the decision
of the Planning and Zoning Commission to approve the CUP Amendment. It was discussed
in the decision by the BOA that there was a concern by surrounding property owners that
excavation below the water table could potentially impact the surrounding water supply for
neighboring wells. In a memorandum submitted by the then City Engineer there has
historically been excavation below the water table by surrounding gravel pits with no
indication of effect on groundwater turbidity or flow. Furthermore, the BOA could find no
evidence to indicate there has been or ever will groundwater contamination should the
amendment to the CUP be granted. Nonetheless, the BOA felt that precautions should be
taken to minimize such a risk.
Presently staff is unaware of any groundwater contamination as a result excavation below
the water table within the subject gravel pit or nearest possible location of down-gradient
residential water wells. However, the CUP Amendment will be conditioned to uphold the
BOA required condition to only allow excavation to a depth of 30 feet below the original
ground surface.
J. The applicant is the owner of the subject property.
The applicant is the brother-in-law of the owner of the subject property. Pursuant to the
submitted application, she has given permission for the application to apply for the
proposed Conditional Use Permit Amendment on her behalf; and,
WHEREAS, any and all specific conditions deemed necessary by the Planning and Zoning
Commission to fulfill the conditions as set forth below shall be met by the applicant.
1. Prior to commencement of extraction of Natural Resources or any reclamation activities,
the Applicant shall obtain all necessary State and Federal Permits.
2. Prior to commencement of any extraction of Natural Resources or any reclamation
activities, the Applicant shall repair or replace any damaged fencing located on the rear of
the site.
3. Prior to commencement of any extraction of Natural Resources or any reclamation
activities, the Applicant shall submit a revised site plan which labels the area behind Area 2
as Area 2A and ensures that the further subsurface extraction is limited to within 10 feet of
the rear property line.
4. Excavation below the water table shall only be allowed in those locations marked Area 1,
Area 2, Area 2A and Area 3.
5. There shall be no further excavation below the water table in the Area located up to 10 feet
from the rear property line behind Area 2. The final working face shall be back sloped to
minimum angle of 2:1.
24
Resolution No. PZ16-39 (PZ05-35, PZ03-32)
Page 6 of 6
6. The excavation may not penetrate the subsurface clay/silt layer located approximately 30
feet below the original ground surface.
7. If fill material is placed in the pits, it must be fill material originally from this approximately
52.5-acre site and it must not contain any “hazardous substances,” or “industrial waste,”
“mining waste,” “solid waste,” or “other waste” as defined in Alaska State Statues.
8. Applicant shall file an annual report for the Conditional Use Permit as set forth in Kenai
Municipal Code 14.20.155.
9. Applicant shall employ the use of dust control measures to ensure the material site and the
driveway fronting onto Beaver Loop Road remain dust free. Dust control shall include the
daily use of a water truck and placement of Calcium Chloride on the driveway. A water
truck shall also be used to control dust from the working face of the Gravel Pit; and,
WHEREAS, PZ05-35 (PZ03-32) is amended to include the above Conditions of Approval and
the Conditions of Approval as cited in Resolutions PZ03-32 and PZ05-35 are hereby included
by reference and remain in full force and effect.
NOW, THEREFORE, BE IT RESOLVED, BY THE PLANNING AND ZONING COMMISSION
OF THE CITY OF KENAI, ALASKA THAT THE APPLICANT HAS DEMONSTRATED THAT
THE PROPOSED AFTER THE FACT SURFACE EXTRACTION OF NATURAL RESOURCES
MEETS THE 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, this 11th of January, 2017.
Jeff Twait, Chairperson
ATTEST:
Sandra Modigh, City Clerk
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13851306130713041305140113231307 13011302130013031303131413122561
2624
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20812081
1506 1510 1514
130924001518 2432
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2304
1502
1301BEAVER LOOP RD
CUNNINGHAM CT
.
425 '
Date: 12/27/2016
The information depicted hereon is for graphic representationonly of the best available sources. The City of Kenai assumes no responsibility for errors on this map.
1 inch equals 417 feet
Tract A1, Beaver Loop AcresAddition No. 1
Subject Gravel PitFoster Construction Gravel Pit
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Conditional Use Requested For: (Describe the project, and use additional sheets if necessary)
Narratives must include items required in KMC 14.20.154
The Commission makes a determination as to whether each of the following requirements are
met:
On the basis of the application with accompanying information, any supplemental information filed,
and such information as may be presented at the public hearing provided for in this chapter, the
Commission shall make a determination as to whether each of the following requirements has been
met:
o The application is in substantial compliance with the requirements of this chapter;
o The boundaries of the proposed excavation at its greatest dimensions, including
back slopes, are at least two hundred feet (200’) from any road or 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;
o 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;
o The site plan provides that back slopes be a minimum of a 2:1 slope, except for
the contiguous working face;
o 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;
o 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;
o 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;
o The extraction does not destroy the land for the purposes for which it is zoned;
o The need for the particular natural resource within the City of Kenai outweighs any
detrimental effects the operation may have on surrounding property owners;
o The applicant is the owner of the subject property.
• If the Commission determines that all requirements have been met, the Commission shall
direct the administrative official to issue a conditional use permit to the applicant. The permit
shall be issued for an indefinite period and shall be subject to the provisions of this chapter,
and shall so state.
• The permit may be expressly conditioned by the Commission upon the erection of artificial
screening. If the permit is so conditioned, the Commission shall specify the type of screening
to be erected. Such screening shall obscure the entire extraction operation from view from any
public roadway or inhabited area and shall be compatible with the general character of the
neighborhood. No extraction of resources can take place until the artificial screening provided
for has been erected and approved by the Commission.
• Appeals from decisions of the Commission under this section shall be made in accordance
with the provisions of this chapter.
33
PROCEDURES FOR PERMITS REQUIRING
PUBLIC HEARINGS AND NOTIFICATIONS
The permit you have applied for may require Public Hearing and Notification under KMC 14.20.280. The
Planning and Zoning Commission meets the 2nd and 4th Wednesday of each month. To meet notice
requirements, the Planning Department must receive your completed application 21 days prior to the
meeting when the Public Hearing is scheduled. Excavation of Natural Resources require two (2)
meetings.
• Applications requiring Public Hearings must be filed no later than noon on the date of the
deadline.
• Home Occupations and Landscape/Site Plans do not require a Public Hearing.
• Allow up to 4 weeks for the permitting process.
• If required:
o The Fire Inspection Report must be received prior to processing the application.
o The Affidavit of Posting must be received 2 weeks prior to the hearing date in order to
schedule a public hearing.
o Resolutions cannot be issued until expiration of the 15-day appeal period.
o Resolutions cannot be issued until documentation is received that the certificate of
compliance is met.
WHEN YOU HAVE A COMPLETED APPLICATION, CALL 283-8237 TO SCHEDULE AN
APPOINTMENT WITH THE PLANNING DEPARTMENT TO REVIEW THE APPLICATION.
IF THE APPLICATION IS DETERMINED COMPLETE AND ACCEPTED, THE PUBLIC HEARING FEE
OF $125 PLUS TAX WILL BE COLLECTED. YOU WILL BE GIVEN A SIGN TO POST AND AN
AFFIDAVIT OF POSTING TO SIGN AND RETURN TO THE PLANNING DEPARTMENT TO BEGIN
PROCESSING THE APPLICATION.
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58
CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION NO. PZ16-40
VARIANCE PERMIT
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI
GRANTING A REQUEST FOR AN AFTER THE FACT VARIANCE TO SETBACKS FOR THE
EXTRACTION OF NATURAL RESOURCES BELOW THE WATER TABLE WITHIN 10 (TEN)
OF THE REAR PROPERTY LINE, WHERE 150 FEET (ONE HUNDRED AND FIFTY) FEET IS
REQUIRED. THIS VARIANCE IS AUTHORIZED BY 14.20.180 OF THE KENAI MUNICIPAL
ZONING CODE:
APPLICANT: James Doyle
PROPERTY ADDRESS: 2369 Beaver Loop Road, Kenai, AK 99611
LEGAL DESCRIPTION: Tract A1, Beaver Loop Acres Addition No. 1
KENAI PENINSULA BOROUGH PARCEL NO: 04912051
WHEREAS, The Commission finds that Section 14.20.180 provides that a Variance from the
strict provisions of the Zoning Code may be granted by the Commission if all conditions
specified in 14.20.180 are met; and
WHEREAS, the City of Kenai Planning and Zoning Commission finds:
1. That an application meeting the requirements of Section 14.20.180 (b) has been submitted
and received on November 21, 2016; and,
2. This request is located on land zoned as Rural Residential; and,
3. That the applicant seeks an After the Fact Variance for setbacks for the Extraction of
Natural Resources below the water table; and,
4. The Planning & Zoning Commission has found that the conditions which are a prerequisite
to issuance of a variance have been met, as follows:
a. 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.
Pursuant to the submitted application, the Application is requesting an After the Fact
Variance for reduced setbacks for the Surface Extraction of Natural Resources pursuant to
KMC 14.20.154(a)(2).
210 Fidalgo Avenue, Kenai, Alaska 99611-7794
Telephone: 907-283-7535 / Fax: 907-283-3014
www.kenai.city
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Resolution No. PZ16-40
Page 2 of 4
As outlined in Code, the boundaries of the existing excavation at its greatest dimensions,
including back slopes, should be two hundred feet from any road or public right-of-way and
one hundred fifty feet from other surrounding property lines, with the exception 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 10 feet along the rear
property line within the area identified as the buffer area behind Area 2.
Within the area of the existing gravel pit to the west, there are two other gravel pits which
have excavated to the extent of the northern property line. These two pits were
established prior to the city assuming zoning powers and thus are legal non-conforming
uses pursuant to KMC 14.20.050.
At present the portion of the subject gravel pit shown as Area 1 is considered legal non-
conforming because it was excavated to the northern property line prior to the city
assuming zoning powers in 1984. Thus it may continue to operate so long as it is not
enlarged beyond its extent. PZ05-35 allowed this area to be excavated below the water
table, because it was determined by the Board of Adjustment based on the “diminishing
asset doctrine” as adopted by the Alaska Supreme Court that it was not to be considered
an enlargement or increase in the non-conformity of its use.
According to the applicant, beginning approximately 10 years ago, the owners began the
process of excavating Area 2 as shown on the site plan dated June 21, 2005 (PZ05-35).
During that time Mr. Doyle was experience failing health and was unable to maintain
awareness of the required conditions of PZ05-35. Thus, Area 2 was excavated beyond
the 150-foot setback as required by KMC. The application has indicated that Mr. Doyle did
not purposely or maliciously breach the 150-foot setback area.
In 1985 when the permit was transferred to Mr. Doyle, it was transferred intact and
complete. Given that the original CUP did not include excavation below the water table,
Kenai Municipal Code required that an amendment to the CUP be required. KMC
14.20.158(b) states:
(b) A permit holder may amend his site plan and statements by filing an
application for amendment in writing with the administrative official. The
Commission shall approve the application for amendment if the original
application would have been approved had it contained the provisions of the
application for amendment.
Pursuant to KMC 14.20.158(b) as discussed above and in PZ05-35 an amendment to a
CUP should be approved by the Commission if the original application would have been
approved had it contained the provisions of the application for amendment. It was
discussed by staff in PZ05-35 that other gravel pits in the area have noted a high water
table and requested and subsequently approved to excavate below the water table. Thus
given this discussion, it is staffs opinion that this finding can be made.
b. 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.
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Resolution No. PZ16-40
Page 3 of 4
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.
c. 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 Rural Residential Zoning District subject to
obtaining a Conditional Use Permit. The use is appropriate given the surrounding existing
gravel pit land uses to the west.
d. The granting of a variance shall be the minimum variance that will provide for the
reasonable use of the land and/or structure.
The requested After the Fact Variance would recognize a setback of 10 feet from the
northern property line for the area behind Area 2. The area has been excavated to
approximately 30 feet below the original ground surface and at a final 2:1 slope.
Recognizing this setback would allow the applicant to regrade the final working face of the
limit of the extraction area to a 2:1 slope in this area. The applicant would then reclaim
this area with backfill material and then plant with native grasses. The above request will
provide for a reasonable use of the land as a gravel pit and allow the applicant the ability
reclaim this portion of the existing gravel pit at its present setback of 10 feet from the rear
property line.
e. 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 Rural Residential zoning district; and,
WHEREAS, a duly advertised public hearing as required by KMC 14.20.280 was conducted by
the Planning and Zoning Commission on January 11, 2017; and,
WHEREAS, any and all specific conditions deemed necessary by the Planning and Zoning
Commission to fulfill the conditions as set forth below shall be met by the applicant.
1. Prior to commencement of extraction of Natural Resources or any reclamation activities,
the Applicant shall obtain all necessary State and Federal Permits.
2. Prior to commencement of any extraction of Natural Resources or any reclamation
activities, the Applicant shall repair or replace any damaged fencing located on the rear of
the site.
3. Prior to commencement of any extraction of Natural Resources or any reclamation
activities, the Applicant shall submit a revised site plan which labels the area behind Area 2
as Area 2A and ensures that the further subsurface extraction is limited to within 10 feet of
the rear property line.
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Resolution No. PZ16-40
Page 4 of 4
4. Excavation below the water table shall only be allowed in those locations marked Area 1,
Area 2, Area 2A and Area 3.
5. There shall be no further excavation below the water table in the Area located up to 10 feet
from the rear property line behind Area 2. The final working face shall be back sloped to
minimum angle of 2:1.
6. The excavation may not penetrate the subsurface clay/silt layer located approximately 30
feet below the original ground surface.
7. If fill material is placed in the pits, it must be fill material originally from this approximately
52.5-acre site and it must not contain any “hazardous substances,” or “industrial waste,”
“mining waste,” “solid waste,” or “other waste” as defined in Alaska State Statues.
8. Applicant shall file an annual report for the Conditional Use Permit as set forth in Kenai
Municipal Code 14.20.155.
9. Applicant shall employ the use of dust control measures to ensure the material site and the
driveway fronting onto Beaver Loop Road remain dust free. Dust control shall include the
daily use of a water truck and placement of Calcium Chloride on the driveway. 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, ALASKA THAT THE REQUESTED AFTER THE FACT VARIANCE
IS HEREBY GRANTED AND THEREFORE THE PLANNING AND ZONING COMMISSION
DOES AUTHORIZE THE ADMINISTRATIVE OFFICIAL TO ISSUE THE APPROPRIATE
PERMIT.
PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI,
ALASKA, this 11th day of January, 2017.
Jeff Twait, Chairperson
ATTEST:
Sandra Modigh, City Clerk
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PROCEDURES FOR PERMITS REQURING
PUBLIC HEARINGS AND NOTIFICATIONS
The permit you have applied for may require Public Hearing and Notification under KMC 14.20.280. The
Planning and Zoning Commission meets the 2nd and 4th Wednesday of each month. To meet notice
requirements, the Planning Department must receive your completed application 21 days prior to the
meeting when the Public Hearing is scheduled.
• Applications requiring Public Hearings must be filed no later than noon on the date of the
deadline.
• Home Occupations and Landscape/Site Plans do not require a Public Hearing.
• Allow up to 4 weeks for the permitting process.
• If required:
o The Fire Inspection Report must be received prior to processing the application.
o The Affidavit of Posting must be received 2 weeks prior to the hearing date in order to
schedule a public hearing.
o Resolutions cannot be issued until expiration of the 15-day appeal period.
o Resolutions cannot be issued until documentation is received that the certificate of
compliance is met.
WHEN YOU HAVE A COMPLETED APPLICATION, CALL 283-8237 TO SCHEDULE AN
APPOINTMENT WITH THE PLANNING DEPARTMENT TO REVIEW THE APPLICATION.
IF THE APPLICATION IS DETERMINED COMPLETE AND ACCEPTED, THE PUBLIC HEARING FEE
OF $125 PLUS TAX WILL BE COLLECTED. YOU WILL BE GIVEN A SIGN TO POST AND AN
AFFIDAVIT OF POSTING TO SIGN AND RETURN TO THE PLANNING DEPARTMENT TO BEGIN
PROCESSING THE APPLICATION.
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KENAI PENINSULA BOROUGH PLANNING COMMISSION
GEORGE A. NAVARRE ADMINISTRATION BUILDING
ASSEMBLY CHAMBERS
144 NORTH BINKLEY STREET
SOLDOTNA, ALASKA 99669
January 9, 2017 - 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
a. River Quest Phase 3 .................................................................... 2
KPB File 2009-189; [Integrity/Leland Corporation]
Location: Kalifornsky
*2. Planning Commission Resolutions - None
*3. Plats Granted Administrative Approval ................................................... 15
*4. Plats Granted Final Approval (20.10.040) - None
*5. Plat Amendment Request
a. Right of Way Map, Seward Highway ......................................... 36
MP 8-18 Rehabilitation
KPB File 2008-041A [Alaska DOT & PF / Alaska DOT & PF]
Recording No. SW 2011-7
Location: Milepost 8-18, Seward Highway
(between Bear Lake and Kenai Lake)
b. Carl Baier Tracts, 2015 Addition ................................................ 70
KPB File 2015-051A [Johnson/LeFevre]
Recording No. HM 2016-4
Location: Off of East End Road in Fritz Creek
*6. Utility Easement Vacations - None
*7. Commissioner Excused Absences
b. Paulette Bokenko-Carluccio, City of Seldovia
c. Rick Foster, Southwest Borough
Paulette Bokenko-
Carluccio
PC Member
City of Seldovia
Term Expires 2018
Vacant
PC Member
Anchor Point/ Ninilchik
Term Expires 2019
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
James Glendening
PC Member
Kenai City
Term Expires 2019
James Isham
PC Member
Sterling
Term Expires 2018
Harry Lockwood
PC Member
Ridgeway
Term Expires 2019
Blair Martin
Chairman
Kalifornsky Beach
Term Expires 2018
Virginia Morgan
PC Member
East Peninsula
Term Expires 2019
Robert Ruffner
Vice Chairman
Kasilof/Clam Gulch
Term Expires 2018
Franco Venuti
PC Member
City of Homer
Term Expires 2019
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d. Harry Lockwood, Ridgeway
e. Robert Ruffner, Clam Gulch / Kasilof
*8. Minutes
a. December 12, 2016 Plat Committee Minutes
b. December 12, 2016 Planning Commission Minutes
D. PUBLIC COMMENT/PRESENTATIONS/COMMISSIONERS
(Items other than those appearing on the agenda. Limited to five minutes per speaker unless
previous arrangements are made
E. UNFINISHED BUSINESS
1. Cite findings in support of the denial to grant an exception .................... 80
to allow a residential structure in the special flood hazard area to
have a fully enclosed area below the base flood elevation without
the required flood openings according to the Floodplain
Management Ordinance KPB 21.06
F. PUBLIC HEARINGS
1. Resolution 2017-01; Conditional Land Use permit for material .............. 95
extraction in the Sterling area. Applicant / Landowner: Robert
Eshleman; Parcel #065-322-27; Legal Description: Lot 2, El
Rancho Costa Plente Subdivision according to Plat 99-57, Kenai
Recording District; Location: 28502 Sterling Highway.
2. Resolution 2017-02; Conditional Land Use Permit modification .......... 117
for a previously approved material site in the K-Beach Road
area. Applicant / Landowner: Knik Construction Co., Inc.; Parcel
#055-072-12; Legal Description: North ½ of the Northeast ¼ of
the Southeast ¼ of Section 26, Township 5 North, Range 11
West, SM; Location: 47128 Forest Wood Avenue.
G. ANADROMOUS WATERS HABITAT PROTECTION DISTRICT (21.18) - None
H. VACATIONS NOT REQUIRING A PUBLIC HEARING - None
I. SPECIAL CONSIDERATIONS
1. Notice of a Motion to rescind the denial of Mooring Estates ................ 136
Bible Chapel Third Addition Vacation of Portion of N. Brentwood St.
Right-of-Way and Associated Easements
KPB File 2016-101 [Integrity / Soldotna Bible Chapel]
Location: City of Soldotna
J. SUBDIVISION PLAT PUBLIC HEARINGS
1. The Plat Committee is scheduled to review 3 preliminary plats.
K. OTHER/NEW BUSINESS
L. ASSEMBLY COMMENTS
Paul Whitney
PC Member
City of Soldotna
Term Expires 2017
Max J. Best
Planning Director
Mike Navarre
Borough Mayor
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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, January
23, 2017 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@kpb.us
website: http://www.kpb.us/planning-dept/planning-home
Advisory
Commission
Meeting Location Date Time
Anchor Point Anchor Point
Chamber of Commerce TBD 7:00 p.m.
Cooper Landing Cooper Landing
Community Hall January 4, 2017 6:00 p.m.
Moose Pass Moose Pass
Community Hall TBD 6:30 p.m.
Hope / Sunrise Hope Social Hall TBD 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. January 9, 2017
Tentative Agenda
A. CALL TO ORDER
B. ROLL CALL
1. Election of Officers (Chairman & Vice Chairman)’
C. APPROVAL OF AGENDA, EXCUSED ABSENCES, AND MINUTES
1. Agenda
2. Member/Alternate Excused Absences
a. Harry Lockwood, Ridgeway
3. Minutes
a. December 12, 2016 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. Echo Hills Subdivision Thomas Addition ............................................................... 2
KPB File 2016-146 [Integrity / Thomas]
Location: Between Independence Ave & Echo Lake Rd in Kalifornsky
2. Island Lake Subdivision Epperheimer Replat...................................................... 18
KPB File 2016-148 [Integrity / Epperheimer]
Location: On Alaskan Way in Nikiski
3. Golden Birch Subdivision 2017 Addition ............................................................. 31
KPB File 2016-149 [Orion Surveys LLC / Kalugin]
Location: On Morrison Dr in Fritz Creek
Kachemak APC
F. FINAL SUBDIVISION PLAT PUBLIC HEARING
G. OTHER / NEW BUSINESS
H. MISCELLANEOUS INFORMATION – NO ACTION REQUIRED
I. ADJOURNMENT
NEXT REGULARLY SCHEDULED MEETING
The next regularly scheduled Plat Committee meeting will be held Monday, January 23,
2017 in the Assembly Chambers of the George A Navarre Kenai Peninsula Borough, 144
North Binkley, Soldotna, Alaska at 5:30 p.m.
MEMBERS:
Cindy Ecklund
City of Seward
Term Expires 2017
Robert Ernst
Northwest Borough
Term Expires 2017
Harry Lockwood
Ridgeway
Term Expires 2019
ALTERNATES:
James Glendening
City of Kenai
Term Expires 2019
James Isham
Sterling
Term Expires 2018
Virginia Morgan
East Peninsula
Term Expires 2019
Robert Ruffner
Clam Gulch /Kasilof
Term Expires 2018
Paul Whitney
City of Soldotna
Term Expires 2017
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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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