HomeMy WebLinkAbout2017-01-25 Planning & Zoning Packet AGENDA
KENAI PLANNING & ZONING COMMISSION – REGULAR MEETING
January 25, 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. 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. * January 11, 2017 .............................................................................................. 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. [Clerk’s Note: This item was continued
from the January 11, 2017 meeting.] ................................................................. 7
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. [Clerk’s Note: This item
was continued from the January 11, 2017 meeting.] ....................................... 60
c. PZ16-43 - Application for a Conditional Use Permit for a dog daycare which
provides grooming, training and overnight care for the property known as G. L.
19, 20, & 21, Sec. 6, T5N, R11W, (11888 Kenai Spur Hwy., Unit 1) Kenai, Alaska.
Application submitted by Lizz Giver, d/b/a Woof Pack Grooming & Daycare, P.O.
Box 3218, Soldotna, AK 99669. ..................................................................... 68
7. UNFINISHED BUSINESS: None
8. NEW BUSINESS:
a. PZ16-44 – Application for a Transfer of a Conditional Use Permit PZ97-38 (PZ88-
16) for Surface Extraction of Natural Resources (Gravel Pit) from Zubeck, Inc,
Transferor, to Beaver Loop Pit LLC, Transferee. ............................................. 82
b. PZ17-01 Application for a Transfer of a Conditional Use Permit PZ03-43 (amended
by PZ 05-03) for Hotels, Motels, Restaurant, Bar, Food Vendors, Bakery,
Theatre/Commercial Recreation, Recreational Vehicle Park, and Common Interest
Ownership Community (Condominium Project) from Kenai Landing, Inc.,
Transferor, to PRL Logistics, Inc., Transferee. ................................................ 92
9. PENDING ITEMS: None
10. REPORTS:
a. City Council .................................................................................................... 112
b. Borough Planning ................................................................................... 115
c. Administration
11. PERSONS PRESENT NOT SCHEDULED: (3 Minutes)
12. INFORMATIONAL ITEMS: None
13. NEXT MEETING ATTENDANCE NOTIFICATION: February 8, 2017
14. COMMISSION COMMENTS & QUESTIONS:
15. ADJOURNMENT:
CITY OF KENAI
PLANNING & ZONING COMMISSION
CITY COUNCIL CHAMBERS
JANUARY 11, 2017- 7:00 P.M.
VICE CHAIR DIANE FIKES, PRESIDING
MINUTES
1. CALL TO ORDER:
Vice Chair Fikes called the meeting to order at 7:00 p.m.
a. Pledge of Allegiance
Vice Chair Fikes led those assembled in the Pledge of Allegiance.
b. Election of Chair and Vice Chair
MOTION:
Commissioner Springer MOVED to nominate Jeff Twait as Chair and Commissioner Fikes
SECONDED the motion. There were no objections; SO ORDERED.
MOTION:
Commissioner Springer MOVED to nominate Ken Peterson as Vice Chair and Commissioner
Fikes SECONDED the motion. There were no objections; SO ORDERED.
c. Roll Call
Commissioners present: R. Springer, D. Fikes, J. Halstead, G. Greenberg, V. Askin
Staff/Council Liaison present: City Planner M. Kelley, Planning Assistant W. Anderson, Deputy
Clerk J. Heinz, and Council Liaison J. Glendening.
A quorum was present.
d. Agenda Approval
MOTION:
Commissioner Askin MOVED to approve the agenda and Commissioner Halstead SECONDED
the motion. There were no objections; SO ORDERED.
e. Consent Agenda
MOTION:
Commissioner Springer MOVED to approve the consent agenda; Commissioner Greenberg
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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
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.
f. *Excused Absences – Commission Chair Twait, Commissioner Peterson
2. *APPROVAL OF MINUTES: December 14, 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: 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.
MOTION:
Commissioner Springer MOVED to approve Resolution No. PZ16-39 and Commissioner Askin
SECONDED the motion.
City Planner Kelley reviewed his staff report, which indicated staff found the proposal satisfied the
review criteria and recommended approval with the following conditions:
• Prior to commencement of extraction of natural resources or any reclamation
activities, the applicant shall obtain all necessary State and Federal Permits.
• Prior to commencement of extraction of natural resources or any reclamation
activities, the applicant shall repair or replace any damaged fencing located on the
rear of the site.
• Prior to commencement of 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.
• Excavation below the water table shall only be allowed in those locations marked
Area 1, Area 2, Area 2A, and Area 3.
• There shall be no further excavation below the water table in the Area located up to
2
ten feet from the rear property line behind Area 2. The final working face shall be
back sloped to a minimum angle of 2:1.
• The excavation may not penetrate the subsurface clay/silt layer located
approximately thirty feet below the original ground surface.
• 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 Statutes.
• Applicant shall file an annual report for the Conditional Use Permit as set forth in
Kenai Municipal Code 14.20.150(f).
• 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.
It was noted that the public hearing was improperly noticed and that public testimony would be
taken, however the public hearing would be continued to the January 25 meeting to allow for
proper noticing.
It was further noted that the Commission would be holding their questions until after the public
hearing was closed on January 25.
Vice Chair Fikes opened the public hearing.
Jim Doyle thanked staff and the Commission for the time and effort put into drafting and
considering the Conditional Use Permit Amendment and Variance noting approval would alleviate
burden on his elderly sister-in-law.
Chris Garcia suggested that the City of Kenai sell a portion of its property to the Doyle’s to alleviate
the variance issue.
Don Moffits provided documentation on well testing and water analyses on nearby wells after the
water table was breached. Also noted a portion of the property that had been excavated had
been converted to a duck pond and has been working well for 20 years.
MOTION:
Commissioner Springer MOVED to continue the public hearing to January 25, 2017 and
Commissioner Askin SECONDED the motion.
VOTE:
YEA: Peterson, Springer, Fikes, Halstead, Greenberg, Askin
NAY:
MOTION PASSED UNANIMOUSLY.
b. PZ16-40 – Application for an After the Fact Variance to Setbacks for the Extraction
3
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.
City Planner Kelley reviewed his staff report, which indicated staff found the proposal satisfied the
review criteria and recommended approval with the following conditions:
• Prior to commencement of extraction of natural resources or any reclamation
activities, the applicant shall obtain all necessary State and Federal Permits.
• Prior to commencement of extraction of natural resources or any reclamation
activities, the applicant shall repair or replace any damaged fencing located on the
rear of the site.
• Prior to commencement of 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.
• Excavation below the water table shall only be allowed in those locations marked
Area 1, Area 2, Area 2A, and Area 3.
• There shall be no further excavation below the water table in the Area located up to
ten feet from the rear property line behind Area 2. The final working face shall be
back sloped to a minimum angle of 2:1.
• The excavation may not penetrate the subsurface clay/silt layer located
approximately thirty feet below the original ground surface.
• 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 Statutes.
• Applicant shall file an annual report for the Conditional Use Permit as set forth in
Kenai Municipal Code 14.20.150(f).
• 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.
MOTION:
Commissioner Springer MOVED to approve Resolution No. PZ16-40 and Commissioner Fikes
SECONDED the motion.
It was noted that the public hearing was improperly noticed and that public testimony would be
taken, however the public hearing would be continued to the January 25 meeting to allow for
proper noticing.
It was further noted that the Commission would be holding their questions until after the public
hearing was closed on January 25.
4
Vice Chair Fikes opened the public hearing; there being no one wishing to testify, the public
hearing was continue.
MOTION:
Commissioner Springer MOVED to continue the public hearing to January 25, 2017 and
Commissioner Halstead SECONDED the motion.
VOTE:
YEA: Peterson, Springer, Fikes, Halstead, Greenberg, Askin
NAY:
MOTION PASSED UNANIMOUSLY.
7. UNFINISHED BUSINESS: None.
8. NEW BUSINESS: None.
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 pointing out unanimous
approval for a funding increase for the waste water treatment plan; approved code
changes regarding use of title and escrow companies; authorized lease extension for
Kenai Fine Arts Guild; set work session for January 24 to discuss an offer to purchase a
portion of Lawton Acres.
b. Borough Planning – Council Member Glendening reported on actions from the January 9
Planning Commission meeting, noting the following:
• Requested plat amendments;
• Cited findings to deny a fully enclosed area below flood elevation in flood hazard
area;
• Rescinded denial of a Right-of-Way and associated easements as proper notice was
not given;
• Approved vacation of a Right-of-Way;
• Approved three preliminary plats.
c. Administration – City Planner M. Kelley noted the Comprehensive Plan was unanimously
approved by the Borough Assembly; bound copies to be distributed.
11. PERSONS PRESENT NOT SCHEDULED: None.
12. INFORMATIONAL ITEMS: None.
13. NEXT MEETING ATTENDANCE NOTIFICATION: January 25, 2017
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14. COMMISSION COMMENTS & QUESTIONS: None.
15. ADJOURNMENT:
There being no further business before the Commission, the meeting was adjourned at 8:06 p.m.
Minutes prepared and submitted by:
_____________________________
Jamie Heinz, CMC
Deputy City Clerk
6
AMENDED 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
13
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.
14
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.
15
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.
16
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
17
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
18
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.
19
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.
20
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.
21
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.
22
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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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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59
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
60
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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STAFF REPORT
To: Planning & Zoning Commission
Date: January 11, 2017 Res: PZ16-43
GENERAL INFORMATION
Applicant: Lizz Giver
P.O. Box 3218
Soldotna, Alaska 99669
Requested Action: Small Scale Dog Daycare, grooming, training and overnight care
facility
Legal Description: Government Lots 19, 20, and 21, Section 6, Township 5 North,
Range 11 West
Street Address: 11888 Kenai Spur Highway
KPB Parcel No.: 04702001
Existing Zoning: General Commercial (CG)
Current Land Use: Commercial building (Swanson’s Square)
Land Use Plan: Neighborhood Commercial
ANALYSIS
General Information:
The applicant proposes to open a small-scale dog daycare in Unit 1 of the existing commercial
building known as Swanson’s Square, which is located at 11888 Kenai Spur Highway. The subject
parcel is located within the General Commercial zone. Kenai Municipal Code 14.22.010 Land
Uses provides that Animal Boarding/Commercial Kennel is a conditional use; therefore, it is
required that the applicant obtain a Conditional Use Permit prior to opening a dog daycare. Animal
boarding is defined as follows:
“Animal Boarding” means any building or structure and associated premises in
which animals are fed, housed, and/or exercised for commercial gain.
The applicant states that she will be providing grooming, training and overnight care of dogs. If
the applicant is providing care for the dogs for an extended period of time, it is presumed that the
dogs will be fed, housed and exercised at the facility, and meets the definition of “animal boarding”
as set for in Kenai Municipal Code 14.20.320(b).
Kenai Municipal Code 14.20.150 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:
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The use is consistent with the purpose of this chapter and the purposes and intent of the
zoning district.
o Staff finds the proposed development meets this standard.
The intent of the General Commercial zone is to provide for areas where a broad range of retail,
wholesale, and service establishments are desirable. The land use classification for this property
is Neighborhood Commercial which applies to areas along the arterial road system that are
suitable for small-scale neighborhood serving retail, service, and office uses. The applicant states
that her operation will be small scale and will serve up to a maximum of 20 dogs. Staff feels that
the proposed facility meets the intent of the General Commercial zone and the use of the
Neighborhood Commercial classification.
The value of the adjoining property and neighborhood will not be significantly impaired.
o Staff finds the proposed development meets this standard.
The properties adjoining and surrounding the proposed business are also located within the
General Commercial zone. Swanson’s Square currently houses Katina’s restaurant and Sharps
Billiards. The property to the East of Swanson’s Square is the Salvation Army retail store and
service center. The property to the North is an office building and storage yard for Moncla
Companies. The property to the South is a strip mall which, currently houses Ye Old Curiosity
Shoppe and Kenai Electric Company.
The proposed use is in harmony with the Comprehensive Plan.
o Staff finds the proposed development meets this standard.
The 2003 Comprehensive Plan provides that the Neighborhood Commercial district applies to
areas along the arterial road system that are suitable for small-scale neighborhood serving retail,
service, and office uses. The proposed business is compatible with the existing uses in the
Neighborhood Commercial district.
Public services and facilities are adequate to serve the proposed use.
o Staff finds the proposed development meets this standard.
The property is currently served by City water and sewer services. Gas, electric, and telephone
services are also available. Access to the property will be provided by the Kenai Spur Highway
which is a state maintained road.
The proposed use will not be harmful to the public safety, health or welfare.
o Staff finds the proposed development meets this standard.
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The proposed use of the subject property as a dog daycare will not be harmful to the public safety,
health or welfare. Applicant states that the dogs will be kept indoors the majority of time and will
be in a fenced area when allowed outside for bathroom breaks.
Concerning noise, based on the submitted application, it appears there will be no excessive noise
that would be audible outside of the existing commercial building. Only, when dogs are outside
briefly for bathroom breaks, there may be noise generated from barking. Pursuant to the
submitted application, the pet relief area would be located along the western exterior of the
building.
CONDITIONS OF APPROVAL:
Any and all specific conditions deemed necessary by the commission to fulfill the above-
mentioned conditions should be met by the applicant. These may include, but are not limited to
measures relative to access, screening, site development, building design, operation of the use
and other similar aspects related to the proposed use.
The plan as submitted meets the intent of Kenai Municipal Code Section 14.20.150 and
14.20.250. Plan is approved as submitted with the following Conditions of Approval:
1. Applicant must comply with all Federal, State and local regulations.
2. Prior to operation, the applicant must obtain a commercial kennel license from Animal
Control prior to operation pursuant to Kenai Municipal Code 3.05.10(7)(A).
3. Prior to any construction, the applicant must obtain a Building Permit for any work
requiring a Building Permit.
4. Dog Day Care business hours shall be from 8:00 a.m. to 7:00 p.m., Monday through
Saturday.
5. Applicant shall file an annual report for the Conditional Use Permit as set forth in Kenai
Municipal Code 14.20.150(f).
6. If there is a change of use for the above described property, a new Conditional
Use Permit must be obtained, pursuant to KMC 14.20.150(i)(5).
ATTACHMENTS:
1. Resolution No. PZ16-43
2. Application
3. Map
4. Drawings
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CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION NO. PZ16-43
CONDITIONAL USE PERMIT AMENDMENT
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI
GRANTING A REQUEST FOR A DOG DAYCARE WHICH PROVIDES GROOMING,
TRAINING AND OVERNIGHT CARE
APPLICANT: Liz Giver
PROPERTY ADDRESS: 11888 Kenai Spur Highway, Unit 1, Kenai, AK 99611
LEGAL DESCRIPTION: Government Lots 19, 20 and 21, Section 6, Township 5 North, Range
11 West
KENAI PENINSULA BOROUGH PARCEL NO: 04702001
WHEREAS, an application meeting the requirements of Section 14.20.150 of Kenai Municipal
Code has been submitted and received on December 20, 2016; and,
WHEREAS, the application affects land which is zoned as General Commercial (GC); and,
WHEREAS, a duly advertised public hearing was required by Kenai Municipal Code 14.20.280
was conducted by the Planning and Zoning Commission on January 25, 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 14.20.150
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 use is consistent with the purpose of this chapter and the purposes and intent of the
zoning district.
The intent of the General Commercial zone is to provide for areas where a broad range of
retail, wholesale, and service establishments are desirable. The land use classification for
this property is Neighborhood Commercial, which applies to areas along the arterial road
system that are suitable for small-scale neighborhood serving retail, service, and office
uses. The applicant states that her operation will be small scale and will serve up to a
maximum of 20 dogs. Staff feels that the proposed facility meets the intent of the General
Commercial zone and the use of the Neighborhood Commercial classification.
210 Fidalgo Avenue, Kenai, Alaska 99611-7794
Telephone: 907-283-7535 / Fax: 907-283-3014
www.ci.kenai.ak.us
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Resolution No. PZ16-43
Page 2 of 3
B. The value of the adjoining property and neighborhood will not be significantly impaired.
The properties adjoining and surrounding the proposed business are also located within the
General Commercial zone. Swanson’s Square currently houses Katina’s restaurant and
Sharps Billiards. The property to the East of Swanson’s Square is the Salvation Army retail
store and service center. The property to the North is an office building and storage yard for
Moncla Companies. The property to the South is a strip mall, which currently houses Ye
Old Curiosity Shoppe and Kenai Electric Company.
C. The proposed use is in harmony with the Comprehensive Plan.
The 2003 Comprehensive Plan provides that the Neighborhood Commercial district applies
to areas along the arterial road system that are suitable for small-scale neighborhood
serving retail, service, and office uses. The proposed business is compatible with the
existing uses in the Neighborhood Commercial district.
D. Public services and facilities are adequate to serve the proposed use.
The property is currently served by City water and sewer services. Gas, electric, and
telephone services are also available. Access to the property will be provided by the Kenai
Spur Highway which is a state maintained road.
E. The proposed use will not be harmful to the public safety, health or welfare.
The proposed use of the subject property as a dog daycare will not be harmful to the public
safety, health or welfare. Applicant states that the dogs will be kept indoors the majority of
time and will be in a fenced area when allowed outside for bathroom breaks.
Concerning noise, based on the submitted application, it appears there will be no excessive
noise that would be audible outside of the existing commercial building. Only, when dogs
are outside briefly for bathroom breaks there may be noise generated from barking.
Pursuant to the submitted application, the pet relief area would be located along the
western exterior of the building.
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. Applicant must comply with all Federal, State and local regulations.
2. Prior to operation, the applicant must obtain a commercial kennel license from Animal
Control prior to operation pursuant to Kenai Municipal Code 3.05.10(7)(A).
3. Prior to any construction, the applicant must obtain a Building Permit for any work requiring
a Building Permit.
4. Dog Day Care business hours shall be from 8:00 a.m. to 7:00 p.m., Monday through
Saturday.
5. Applicant shall file an annual report for the Conditional Use Permit as set forth in Kenai
Municipal Code 14.20.150(f).
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Resolution No. PZ16-43
Page 3 of 3
6. If there is a change of use for the above described property, a new Conditional
Use Permit must be obtained, pursuant to KMC 14.20.150(i)(5).
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 DOG DAYCARE, WHICH PROVIDES GROOMING, TRAINING AND
OVERNIGHT CARE 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 25th day of January 2017.
Jeff Twait, Chairperson
ATTEST:
Sandra Modigh, City Clerk
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STAFF REPORT
To: Planning & Zoning Commission
Date: January 25, 2017 Res: PZ16-44
GENERAL INFORMATION
Transferor: Zubeck, Inc.
8047 Kenai Spur Hwy.
Kenai, AK 99611
Transferee: Beaver Loop Pit LLC
1407 W. 31st Ave. 7th FL
Anchorage, AK 99503
Requested Action: Transfer of Conditional Use Permit PZ97-38 (PZ88-16) Surface
Extraction of Natural Resources
Legal Description: Tract A-1A, Hollier Subdivision No. 4 and Tract B, Hollier
Subdivision No. 2
Street Address: 805 Gravel St. and 751 Gravel St.
KPB Parcel No: 04904094 and 04904081
Existing Zoning: Rural Residential
Current Land Use: Rural Residential
ANALYSIS
The Planning and Zoning Commission granted Conditional Use Permit PZ88-16 to Ed
Hollier and Joanna Hollier on December 14, 1988, for surface extraction of natural
resources. On July 23, 1997, Conditional Use Permit PZ 88-16 was transferred to Bill E
Zubek of Zubeck, Inc. by Resolution No. PZ97-38. The property was conveyed to
Beaver Loop Pit LLC on December 5, 2011 by Brenda M. Zubeck, individually and as
surviving spouse of Bill E. Zubeck. Beaver Loop Pit LLC was organized on December
26, 2000, and the biennial report filed on August 16, 2016 indicates that Bradley
Zubeck and Hannele Zubeck each own 50% of the limited liability company. According
to the 2016 biennial report the limited liability company is in good standing with the
State of Alaska, Beaver Loop Pit LLC has a current business license and is current with
any obligations to the Kenai Peninsula Borough and the City of Kenai.
On December 15, 2016, an Application for Transfer of Conditional Use Permit was
submitted by Transferor, Zubeck, Inc., pursuant to Kenai Municipal Code as set forth
below:
• KMC 14.20.150(i)(5) A Conditional Use Permit is not transferable from one (1)
parcel of land to another. Conditional Use Permits may be transferred from one
(1) owner to another for the same use, but if there is a change in use on the
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property, a new permit must be obtained.
• KMC 14.20.158(a) No Conditional Use Permit issued hereunder shall be
transferred until the proposed transferee has made application for transfer in
writing filed with the administrative official, which application shall state that he
intends to be bound by the plan and statements contained in the application of
the permit holder or shall contain the amendments to the plan his proposed
operation would mandate. The Commission shall approve the application for
transfer and in so doing amend the site plan and statements if such
amendments as are contained in the application for transfer would have been
approved had they been contained in the original application.
Bill E. Zubeck, Member of Beaver Loop Pit LLC has indicated that he agrees to operate
under the terms and conditions of the original Conditional Use Permit PZ97-38 (PZ88-
16) granted by the Planning & Zoning Commission.
RECOMMENDATIONS
Staff hereby recommends approval of the Transfer of Conditional Use Permit PZ97-38
(PZ88-16), subject to the original conditions as set forth on the original permit and
additional conditions, as follows:
A. Facility be licensed by the State of Alaska and managed in compliance with State
licensing requirements.
B. Applicant must comply with all Federal, State and local regulations.
C. Applicant shall file an annual report for the Conditional Use Permit as set forth in
Kenai Municipal Code 14.20.150(f).
D. If there is a change of use for the above described property, a new Conditional
Use Permit must be obtained, pursuant to KMC 14.20.150(i)(5).
ATTACHMENTS:
Resolution PZ16-44
Conditional Use Permit PZ88-16
Transfer of Conditional Use Permit PZ97-38
Application for Transfer of Conditional Use Permit
Map of Subject Property
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CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION NO. PZ16-44
TRANSFER OF CONDITIONAL USE PERMIT PZ97-38 (PZ88-16)
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF
KENAI GRANTING A REQUEST FOR A TRANSFER OF CONDITIONAL USE PERMIT
TO:
NAME: Beaver Loop Pit LLC
USE: Surface Extraction of Natural Resources
LOCATED: Tract A-1A Hollier Subdivision No. 4 and Tract B, Hollier Subdivision No. 2
KENAI PENINSULA BOROUGH PARCEL NO: 04904094 and 04904081
WHEREAS, the Commission finds:
1. That an application meeting the requirements of Sections 14.20.150(i)(5) and
14.20.158(a)has been submitted to the City of Kenai on March 25, 2016;
2. This request is on land zoned as RR – Rural Residential;
3. That the applicant has demonstrated with plans and other documents that they can
and will meet the original conditions as set forth on the original permit and additional
conditions, as follows:
A. Facility be licensed by the State of Alaska and managed in compliance with State
licensing requirements.
B. Applicant must comply with all Federal, State and local regulations.
C. Applicant shall file an annual report for the Conditional Use Permit as set forth
in Kenai Municipal Code 14.20.150(f).
D. If there is a change of use for the above described property, a new Conditional
Use Permit must be obtained, pursuant to KMC 14.20.150(i)(5).
210 Fidalgo Avenue, Kenai, Alaska 99611-7794
Telephone: 907-283-7535 / Fax: 907-283-3014
www.kenai.city
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NOW, THEREFORE, BE IT RESOLVED, BY THE PLANNING AND ZONING
COMMISSION OF THE CITY OF KENAI THAT THE CONDITIONAL USE PERMIT TO
ZUBECK, INC. FOR SURFACE EXTRACTION OF NATURAL RESOURCES BE
TRANSFERRED TO BEAVER LOOP PIT LLC.
PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI,
ALASKA, this 25th day of January, 2017.
CHAIRPERSON: ATTEST: _______________________
Jeff Twait Sandra Modigh, City Clerk
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STAFF REPORT
To: Planning & Zoning Commission
Date: January 25, 2017 Res: PZ17-01
GENERAL INFORMATION
Transferor: Kenai Landing Inc.
4796 Homer Spit Rd.
Homer, AK 99603
Transferee: PRL Logistics, Inc.
421 W 1st Ave., Suite 250
Anchorage, AK 99501
Requested Action: Transfer of Conditional Use Permit PZ03-43 (and as amended by
Resolution PZ05-03) – Hotels, Motels, Restaurant, Bar, Food
Vendors, Bakery, Theatre/Commercial Recreation, Recreational
Vehicle Park, and Common Interest Ownership Community
(Condominium Project)
Legal
Description: Units 13, 14, and 15, Kenai Landing Commercial Condominiums
Phase 3; Unit 16, Kenai Landing Commercial Condominiums,
Phase 4; Unit 18, Kenai Landing Commercial Condominiums,
Phase 6; and Lot 1, Kenai Landing Cottages Subdivision
Street Address: 2101 Bowpicker Lane, Units 13, 14, 15, 16, and 18 and
2291 Bowpicker Lane
KPB Parcel No: 04910123CO13; 04910123CO14; 04910123CO15;
04910123CO16; 04910123CO18; and 04910124
Existing Zoning: IH – Heavy Industrial
Current Land Use: Industrial
ANALYSIS
On October 22, 2003, the Planning and Zoning Commission approved Conditional Use
Permit PZ03-43. Conditional Use Permit PZ03-43 provided for the following uses:
• Hotels/Motels
• Restaurant
• Bar
• Food Vendors
• Bakery
• Theatre/Commercial Recreation
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• Recreational Vehicle Park
On January 12, 2005, the Planning and Zoning Commission passed Resolution PZ05-
03 which provided that Conditional Use Permit PZ03-43 be amended to include a
Common Interest Ownership Community (Condominium Project). This amendment
affects the property described as Lot 1, Kenai Landing Cottages.
In 2012, Kenai Landing, Inc. created Kenai Landing Commercial Condominiums a
common interest community within which residential and commercial buildings and
improvements may be constructed. It is the intent of the parties to transfer the rights
and interests in the Conditional Use Permit from the current permit holders (transferor)
to the new permit holder (transferee) only for the area/unit purchased by the transferee
while the transferor maintains the Conditional Use Permit for the remainder of Tract A,
Kenai Landing Cottages Subdivision.
The Planning and Zoning Commission approved a Transfer of Conditional Use Permit
PZ03-43 (amended by PZ05-03) on December 11, 2013, to PRL Logistics, Inc. for Units
5 and 6, Kenai Landing Commercial Condominiums Phase 2 by Resolution PZ13-40.
Subsequently, Units 5 and 7 were replatted into Unit 13, Kenai Landing Commercial
Condominiums Phase 3.
Between June, 2014 and August, 2015, PRL Logistics, Inc. purchased the following
units and property from Kenai Landing, Inc; however, Conditional Use Permit PZ03-43
(amended by PZ05-03) was not transferred to PRL Logistics, Inc. at the time of the
purchase:
• Units 13, 14, and 15, Kenai Landing Commercial Condominiums Phase 3;
• Unit 16, Kenai Landing Commercial Condominiums Phase 4;
• Unit 18, Kenai Landing Commercial Condominiums Phase 6; and
• Lot 1, Kenai Landing Cottages Subdivision.
Kenai Landing, Inc. and PRL Logistics, Inc. were notified in October of 2016 that
Conditional Use Permit PZ03-43 (amended by PZ05-03) must be transferred to PRL
Logistics, Inc. Subsequently, an Application for Transfer of Conditional Use Permit was
submitted by Transferor, Kenai Landing, Inc. and PRL Logistics, Inc. Transferee,
pursuant to Kenai Municipal Code as set forth below:
• KMC 14.20.150(i)(5) A Conditional Use Permit is not transferable from one (1)
parcel of land to another. Conditional Use Permits may be transferred from one
(1) owner to another for the same use, but if there is a change in use on the
property, a new permit must be obtained.
• KMC 14.20.158(a) No Conditional Use Permit issued hereunder shall be
transferred until the proposed transferee has made application for transfer in
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writing filed with the administrative official, which application shall state that he
intends to be bound by the plan and statements contained in the application of
the permit holder or shall contain the amendments to the plan his proposed
operation would mandate. The Commission shall approve the application for
transfer and in so doing amend the site plan and statements if such
amendments as are contained in the application for transfer would have been
approved had they been contained in the original application.
According to the 2015 biennial report the PRL Logistics, Inc. is in good standing with
the State of Alaska. PRL Logistics, Inc. has a current business license and is current
with any obligations to the Kenai Peninsula Borough and the City of Kenai.
Ron Hyde, Jr., President of PRL Logistics, Inc. has indicated that he agrees to operate
under the terms and conditions of the original Conditional Use Permit PZ03-43
(amended by PZ05-03) approved by the Planning & Zoning Commission.
RECOMMENDATIONS
Staff hereby recommends approval of Transfer of Conditional Use Permit PZ03-43
(amended by PZ05-03), subject to the original conditions as set forth on the original
permit and additional conditions, as follows:
1. Facility be licensed by the State of Alaska and managed in compliance with
State licensing requirements.
2. Applicant must comply with all Federal, State and local regulations.
3. Submit State of Alaska, Department of Environmental Conservation
documentation of approval for septic systems and water systems for the
conditional uses.
4. Provide landscape/site plans for review and approval when applications for
building permits are submitted.
5. Provide landscape/site plan for the recreational vehicle park for review and
approval.
6. If the recreational vehicle sites are increased in the future, submit landscape/site
plan for approval.
7. Mark all buildings with proper unit number not less than four inches (4”).
8. Applicant shall file an annual report for the Conditional Use Permit as set forth in
Kenai Municipal Code 14.20.150(f).
9. If there is a change of use for the above described property, a new Conditional
Use Permit must be obtained, pursuant to KMC 14.20.150(i)(5).
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10. All streets within the development must be maintained by the CIOC.
ATTACHMENTS:
Resolution PZ17-01
Conditional Use Permit PZ03-43
Resolution PZ05-03 (amending PZ03-43)
Applications for Transfer of Conditional Use Permit
Map of Subject Property
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CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION NO. PZ17-01
TRANSFER OF CONDITIONAL USE PERMIT PZ03-43
(AND AS AMENDED BY PZ05-03)
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF
KENAI GRANTING A REQUEST FOR A TRANSFER OF CONDITIONAL USE PERMIT
TO:
NAME: PRL Logistics, Inc.
USE: Hotels, Motels, Restaurant, Bar, Food Vendors, Bakery, Theatre/Commercial
Recreation, Recreational Vehicle Park, and Common Interest Ownership
Community (Condominium Project)
LOCATED: 2101 Bowpicker Lane, Units 13, 14, 15, 16, and 18 and 2291 Bowpicker
Lane
KENAI PENINSULA BOROUGH PARCEL NO: 04910123CO13; 04910123CO14;
04910123CO15; 04910123CO16; 04910123CO18; and 04910124
WHEREAS, the Commission finds:
1. That an application meeting the requirements of Sections 14.20.150(i)(5) and
14.20.158(a)has been submitted to the City of Kenai on November, 2016;
2. This request is on land zoned as IH – Heavy Industrial;
3. That the applicant has demonstrated with plans and other documents that they can
and will meet the original conditions as set forth on the original permit and additional
conditions, as follows:
1. Facility be licensed by the State of Alaska and managed in compliance with State
licensing requirements.
2. Applicant must comply with all Federal, State and local regulations.
210 Fidalgo Avenue, Kenai, Alaska 99611-7794
Telephone: 907-283-7535 / Fax: 907-283-3014
www.kenai.city
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3. Submit State of Alaska, Department of Environmental Conservation
documentation of approval for septic systems and water systems for the
conditional uses.
4. Provide landscape/site plans for review and approval when applications for
building permits are submitted.
5. Provide landscape/site plan for the recreational vehicle park for review and
approval.
6. If the recreational vehicle sites are increased in the future, submit landscape/site
plan for approval.
7. Mark all buildings with proper unit number not less than four inches (4”).
8. Applicant shall file an annual report for the Conditional Use Permit as set forth in
Kenai Municipal Code 14.20.150(f).
9. If there is a change of use for the above described property, a new Conditional
Use Permit must be obtained, pursuant to KMC 14.20.150(i)(5).
10. All streets within the development must be maintained by the CIOC.
NOW, THEREFORE, BE IT RESOLVED, BY THE PLANNING AND ZONING
COMMISSION OF THE CITY OF KENAI THAT THE CONDITIONAL USE PERMIT TO
KENAI LANDING, INC. FOR HOTELS, MOTELS, RESTAURANT, BAR, FOOD
VENDORS, BAKERY, THEATRE/COMMERCIAL RECREATION, RECREATIONAL
VEHICLE PARK, AND COMMON INTEREST OWNERSHIP COMMUNITY
(CONDOMINIUM PROJECT) BE TRANSFERRED TO PRL LOGISTICS, INC.
PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI,
ALASKA, this 25th day of January, 2017.
CHAIRPERSON: ATTEST: _______________________
Jeff Twait Sandra Modigh, City Clerk
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KENAI PENINSULA BOROUGH PLAT COMMITTEE
GEORGE A. NAVARRE ADMINISTRATION BUILDING
ASSEMBLY CHAMBERS
144 NORTH BINKLEY STREET
SOLDOTNA, ALASKA 99669
7:00 p.m. January 23, 2017
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. January 9, 2017 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. Bambaugh Estates #2 ............................................................................... 2
KPB File 2017-001 [Johnson / Rankin]
Location: Nikiski
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, February 13,
2017 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
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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KENAI PENINSULA BOROUGH PLANNING COMMISSION
GEORGE A. NAVARRE ADMINISTRATION BUILDING
ASSEMBLY CHAMBERS
144 NORTH BINKLEY STREET
SOLDOTNA, ALASKA 99669
January 23, 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 - None
*2. Planning Commission Resolutions - None
*3. Plats Granted Administrative Approval - None
*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. January 9, 2017 Plat Committee Minutes
b. January 9, 2017 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
F. PUBLIC HEARINGS
1. Resolution 2017-___; A resolution approving the acquisition ................... 2
of access easements from the State of Alaska in the Seward
area to support the Salmon Creek Flood Risk Management
(Section 205) Project.
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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G. ANADROMOUS WATERS HABITAT PROTECTION DISTRICT (21.18) - None
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 1 preliminary plat.
K. OTHER/NEW BUSINESS
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
1. Kenai Planning & Zoning Commission Meeting Minutes ..................................... 22
- December 14, 2016
NEXT REGULARY SCHEDULED PLANNING COMMISSION MEETING
The next regularly scheduled Planning Commission meeting will be held Monday,
February 13, 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
Advisory
Commission
Meeting Location Date Time
Anchor Point Anchor Point
Chamber of Commerce TBD 7:00 p.m.
Cooper Landing Cooper Landing
Community Hall February 8, 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.
Paul Whitney
PC Member
City of Soldotna
Term Expires 2017
Max J. Best
Planning Director
Mike Navarre
Borough Mayor
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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
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