HomeMy WebLinkAbout2018-06-27 Planning & Zoning PacketAGENDA
KENAI PLANNING & ZONING COMMISSION - REGULAR MEETING
JUNE 27, 2018 - 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. June 13, 2018 ............................................................................................................... 1
3. SCHEDULED PUBLIC COMMENT
(Public comment limited to ten (10) minutes per speaker)
4. UNSCHEDULED PUBLIC COMMENT
(Public comment limited to three (3) minutes per speaker; thirty (30) minutes aggregated)
5. CONSIDERATION OF PLATS - None
6. PUBLIC HEARINGS
a. Resolution PZ17-30 – Application for a Conditional Use Permit for Extraction of Natural
Resources submitted by Lavern Davidhizar for the property located at 4905 Silver Salmon
Dr., and further described as a portion of Government Lots 1 and 9, and a portion of the
NE ¼ of Section 7, Township 5 North, Range 10 West lying West of Spur Highway and
East of the Kenai River (Kenai Borough Parcel No. 04937136)..................................... 7
7. UNFINISHED BUSINESS - None
8. NEW BUSINESS - None
9. PENDING ITEMS - None
____________________________________________________________________________________
AGENDA
KENAI PLANNING & ZONING COMMISSION – REGULAR MEETING
June 27, 2018 - 7:00 P.M.
Page 2 of 2
10. REPORTS
a. City Council ................................................................................................................ 153
b. Borough Planning ....................................................................................................... 157
c. Administration
11. ADDITIONAL PUBLIC COMMENT
(Public comment limited to three (3) minutes per speaker; thirty (30) minutes aggregated)
12. INFORMATIONAL ITEMS - None
13. NEXT MEETING ATTENDANCE NOTIFICATION - July 11, 2018
14. COMMISSION COMMENTS AND QUESTIONS
15. ADJOURNMENT
KENAI PLANNING & ZONING COMMISSION
REGULAR MEETING
JUNE 13, 2018 – 7:00 P.M.
KENAI CITY COUNCIL CHAMBERS
210 FIDALGO AVENUE, KENAI, ALASKA
CHAIR JEFF TWAIT, PRESIDING
MINUTES
1.CALL TO ORDER
Commission Chair Twait called the meeting to order at 7:00 p.m.
a.Pledge of Allegiance
Commission Chair Twait led those assembled in the Pledge of the Allegiance.
b.Roll Call
Commissioners present: Chair J. Twait, Vice-Chair R. Springer, D. Fikes, K.
Peterson, G. Greenberg, J. Halstead, V. Askin
Commissioners absent:
Staff/Council Liaison present: City Manager P. Ostrander, City Planner E. Appleby, Deputy
City Clerk J. Kennedy, Planning Assistant W. Anderson,
Council Liaison H. Knackstedt
A quorum was present.
c.Agenda Approval
Chair Twait noted the following addition to the packet:
Add to item 8.c. Resolution PZ17-30
Soil Sample Report
MOTION:
Commissioner Askin MOVED to approve the agenda with the addition for Item 8(c) as noted and
Commissioner Peterson SECONDED the motion. There were no objections; SO ORDERED.
d.Consent Agenda
MOTION:
Commissioner Peterson MOVED to approve the consent agenda and Commissioner Springer
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
Planning and Zoning Commission 6/27/18 Meeting Packet - Page 1
these items unless a Commission Member so requests, in which case the item will be
removed from the Consent Agenda and considered in its normal sequence on the agenda
as part of the General Orders.
e.*Excused absences – None
2.*APPROVAL OF MINUTES: May 23, 2018
The minutes were approved by the Consent Agenda.
3.SCHEDULED PUBLIC COMMENT: (10 minutes) None scheduled.
4.UNSCHEDULED PUBLIC COMMENT: (3 minutes)
Bruce Richards, Kenai resident, expressed opposition in PZ17-30 and noted he intended to speak
at the public hearing if the application was deemed complete.
5.CONSIDERATION OF PLATS – None.
6.PUBLIC HEARINGS
a.Resolution PZ2018-16 - Application for a Conditional Use Permit to operate a Retail
Marijuana Store located on the property known as 14429 Kenai Spur Highway, Kenai,
Alaska 99611; and further described as Lot 4, Block 1, Bush Lanes Subdivision.
Application submitted by: Clint Pickarsky, Registered Agent for KRC LLC d/b/a Kenai
River Cannabis, P.O. Box 1016, Soldotna, Alaska 99669
City Planner Appleby reviewed the staff report and noted the existing building was constructed in
1979 for a convenience store, and more recently used by Metal Magic. Appleby added that the
applicant did not intend on changing the design and only intended on using 925 sq. ft. of the
building for the commercial retail store. Appleby noted that the applicant was aware that this would
not include a cultivation facility, and that the lot adjacent to the property was owned by the
applicant so it may be used as a parking area. Appleby added that the City received two formal
complaints, as provided in the packet, objecting this application and one informal phone call
supporting the application.
COMMISSIONER HALSTEAD ARRIVED AT 7:08 P.M.
City Planner Appleby recommended based on the application and a review of the criteria required
that the proposed Conditional Use Permit for the establishment and operation of a Commercial
Marijuana Establishment consisting of a Retail Marijuana Store be approved, subject to the
following conditions, as outlined in the packet:
Further development of the property shall conform to all State and local regulations;
A building permit will be required for the remodeling of the Commercial Marijuana
Establishment as shown on the submitted floor plan;
Prior to operation of the Commercial Marijuana Establishment, the property owner shall
submit a copy of an approved Business License issued by the State of Alaska, Department
of Commerce, Community, and Economic Development;
Prior to operation of the Commercial Marijuana Establishment, the applicant shall submit
a copy of the approved and fully executed license from the Alaska Alcohol & Marijuana
Planning and Zoning Commission 6/27/18 Meeting Packet - Page 2
Control Board. The applicant shall comply with all regulations as stipulated by the State of
Alaska Marijuana Control Board;
Pursuant to Kenai Municipal Code Section 14.20.330(e), the Commercial Marijuana
Establishment shall not emit an odor that is detectable by the public from outside the
Commercial Marijuana Establishment;
A Sign Permit will be required for the construction of any proposed signage;
The hours of operation shall be from 9:00 AM to 9:00 PM, Monday through Sunday; and
Pursuant to Kenai Municipal Code Section, 14.20.150(f) the applicant shall submit an
Annual Report to the City of Kenai.
MOTION:
Commissioner Peterson MOVED to approve Resolution No. PZ2018-16 with staff
recommendations and Commissioner Askin SECONDED the motion.
Chair Twait opened the floor for public testimony; there being no one wishing to be heard, public
comment was closed.
VOTE:
YEA: Springer, Peterson, Fikes, Askin, Greenberg, Twait, Halstead
NAY:
MOTION PASSED UNANIMOUSLY.
Chairman Twait noted there was a 15-day appeal period.
7. UNFINISHED BUSINESS – None.
8. NEW BUSINESS:
a. Discuss and Recommendation - Airport Reserve Land Lease Application for property
located at 209 N. Willow Street, Kenai, Alaska 99611; further described as a portion of
Tract A, General Aviation Apron No. 2, submitted by SOAR International Ministries,
Incorporated
City Planner Appleby reported that SOAR International Ministries, Incorporated (SOAR)
submitted a lease application to develop a hangar, office, and parking on the undeveloped portion
of Tract A, General Aviation Apron No. 2 within the Airport Reserve. She noted the proposed
lease term is 45 years to start in September 2018 and SOAR would build on the portion of the lot
that was currently treed, and would need to be subdivided prior to construction. She added that
SOAR was current on rent payments of the three lots it currently leases within the Airport Reserve
from the City.
Appleby noted that Airport Manager Mary Bondurant reviewed the lease application and agreed
it was consistent with the Airport Land Use Plan, Airport Layout Plan, Federal Aviation
Administration regulations, Airport Master Plan, Airport Improvement Program grant assurances,
and Airport operations. She added the Airport Commission would also review the lease
application at their July 12 meeting.
MOTION:
Planning and Zoning Commission 6/27/18 Meeting Packet - Page 3
Commissioner Peterson MOVED to recommend approval to Council of the Airport Reserve Land
Lease Application by SOAR and Commissioner Halstead SECONDED the motion.
VOTE:
YEA: Halstead, Peterson, Fikes, Askin, Greenberg, Twait, Springer
NAY:
MOTION PASSED UNANIMOUSLY.
b. Resolution PZ2018-03 - Application for a Conditional Use Permit to operate an approximately
498 square-foot Marijuana Cultivation Facility, Limited, within an existing approximately 1,252
square foot attached garage; located on the property known as 1817 Sunset Blvd., Kenai, AK
99611, and further described as G. L. 5, Section 26, Township 6 North, Range 12 West.
Application submitted by: Jennifer Huffman, d/b/a Grateful Buds LLC, 40095 Lamont St., Kenai,
Alaska 99611
City Planner Appleby noted that on February 28, 2018, the Planning and Zoning Commission
passed Resolution PZ2018-03 for a Conditional Use Permit to operate an approximately 500
square foot Marijuana Cultivation Facility, Limited, within an existing approximately 1,252 square-
foot attached garage. Appleby noted the detached garage would not be constructed and an
addition to the resolution would be the requirement that an approved business license issued by
the State of Alaska be submitted. Appleby clarified that the changes were to correct clerical errors
in the resolution so that the permit accurately reflected the intended use and would include the
requirement that the City of Kenai receive a copy of the business license.
MOTION:
Commissioner Springer MOVED to amend something previously adopted by replacing with the
substitute resolution PZ2018-03 and Commissioner Greenberg SECONDED the motion.
VOTE:
YEA: Peterson, Fikes, Askin, Greenberg, Twait, Springer, Halstead
NAY:
MOTION PASSED UNANIMOUSLY.
c. Resolution PZ17-30 - Conduct Completeness Review of the updated application submitted by
Dr. Lavern Davidhizar for a Conditional Use Permit for Extraction of Natural Resources pursuant
to Kenai Municipal Code 14.20.152 AND schedule the application for a Public Hearing on June
27, 2018. Said application affects property located at 4905 Silver Salmon Dr., and further
described as a portion of Government Lots 1 and 9, and a portion of the NE ¼ of Section 7,
Township 5 North, Range 10 West lying West of Spur Highway and East of the Kenai River (Kenai
Borough Parcel No. 04937136)
City Planner Appleby clarified the purpose of this item was to review the materials submitted for
completeness, not debate the permit request. Appleby reviewed the staff report and provided the
application history. She noted the laydown material fulfilled the previous request of the Planning
and Zoning Commission for additional soil surveys.
Planning and Zoning Commission 6/27/18 Meeting Packet - Page 4
Commissioners agreed the application was complete and expressed support in a public hearing
as recommended by staff.
MOTION:
Commissioner Greenberg MOVED to deem the Conditional Use Permit application by Dr.
Davidhizar complete and schedule a public hearing on June 27; Commissioner Askin
SECONDED the motion.
VOTE:
YEA: Fikes, Askin, Greenberg, Twait, Springer, Halstead, Peterson
NAY:
MOTION PASSED.
9. PENDING ITEMS: None.
10. REPORTS:
a. City Council – Council Member Knackstedt reviewed the action agenda from the June
6 City Council Meeting; noted the FY2019 budget was approved.
b. Borough Planning – Commissioner Fikes reported that the Commission met on June
11; noted four plats were approved, one was a final approval, three were preliminary;
there were two limited marijuana cultivation facility applications, one was in the Ninilchik
area and one was in the Kasilof area, both were recommended to the Assembly for
approval; and there was one conditional land use permit for material site modification
that was approved.
c. Administration – City Planner Appleby noted that there would likely be a series of work
sessions upcoming to discuss the Kenai Zoning Code and Land Use Table for marijuana
in addition to possibly modifying the Kenai Sign Code, clarifying it was not sufficient and
could use revamping. Appleby also reported on the following:
The lease map for available parcels within the airport reserve was now available
online;
She attended the Kenai Peninsula Borough Alaska L&G Work Committee
meeting for Council Member Glendening and a motion was made for the Mayor
to request that Alaska Gasline Development Corporation investigate some
additional water sources;
She attended a conference for the FAA and gained useful information regarding
airport land leases and sales; and
The City is preparing for the upcoming Dipnet Season and she recommended
everyone download the Dip Kenai app.
City Manager Ostrander clarified that the May 14 deadline for Resolution PZ17-30 was originally
established to get this meeting’s review scheduled. He noted that the applicants were allowed to
submit materials up until the meeting date and clarified that the decision at the public hearing on
June 27 would be based on the materials provided at this meeting. Additional information from
Planning and Zoning Commission 6/27/18 Meeting Packet - Page 5
the applicant would not be forthcoming.
11. ADDITIONAL PUBLIC COMMENT
Kenai Resident, John Hammelman spoke in opposition of the Resolution No. PZ17-30. He noted
some of the supporting materials in the application packet were deceptive, specifically on page
102 of the packet, Wetlands Investigation. He noted that it was only one of 52 pages available
with clearer and more detailed views, if requested. Mr. Hammelman further noted on page 109 of
the packet, the cover letter by the Alaska Consulting and Environmental Engineering on behalf of
property owner, Travis Hall, requested Alaska Department of Environmental Conservation
(ADEC) plan approval of the proposed wastewater system. He clarified that he contacted ADEC
to find out if it was approved but there was no information available about it or even the fees that
would be associated with it. Mr. Hammelman added he then contacted the Waste Water Division
and they were unable to find that it was ever processed. He clarified that page 109 was simply a
cover letter requesting approval and it means nothing. His final point regarded his contact with
the Conservation Fund of Alaska and their interest in purchasing the wetlands down below. He
noted they would pay fair market value, even with the current pad in place; if any additional work
were done there though, the Conservation Fund would no longer be interested. Mr. Hammelman
advised the City to contact the Conservation Fund as well as the Nature Conservancy.
12. INFORMATIONAL ITEMS – None.
13. NEXT MEETING ATTENDANCE NOTIFICATION: June 27, 2018
City Planner Appleby noted an upcoming site visit on Tuesday, June 19 at 6:00 p.m. to the
neighborhood and proposed gravel extraction site as in Dr. Davidhizar’s application.
14. COMMISSION COMMENTS & QUESTIONS
Commissioner Fikes thanked the City Manager for clarification on policy and procedures moving
forward with the application.
15. ADJOURNMENT
There being no further business before the Commission, the meeting was adjourned at 7:51 p.m.
Minutes prepared and submitted by:
_____________________________
Jacquelyn Kennedy
Deputy City Clerk
Planning and Zoning Commission 6/27/18 Meeting Packet - Page 6
STAFF REPORT
To: Planning and Zoning Commission
Date: June 21, 2018 Res: PZ17-30
GENERAL INFORMATION
Applicant: Lavern Davidhizar
1240 Chinook Drive
Kenai, Alaska 99611
Requested Action: Conditional Use Permit - Surface Extraction of
Natural Resources
Legal Description: Portion of Government Lots 1 and 9, and a portion of
the NE ¼ of Section 7, Township 5 North, Range 10
West lying West of Spur Highway and East of the
Kenai River
Street Address: 4905 Silver Salmon Drive
KPB Parcel No: 04937136
Existing Zoning: Rural Residential
Current Land Use: Residential Improved Land
Land Use Plan: Low Density Residential
ANALYSIS
Submitted Materials and Completeness Review
The applicant, Dr. Lavern Davidhizar, submitted a conditional use permit application for
surface extraction of natural resources in July 2017 on an approximately 52.57-acre
parcel of land. He submitted a map in September 2017. The parcel is located at 4905
Silver Salmon Drive, and further described as a portion of Government Lots 1 and 9, and
a portion of the NE ¼ of Section 7, Township 5 North, Range 10 West lying West of Spur
Highway and East of the Kenai River (Kenai Borough Parcel No. 04937136).
The Planning and Zoning Commission conducted a completeness review of the
application during their meeting on October 11, 2017. Commissioners deemed the
application incomplete and requested the applicant provide proposed post-extraction
topographical contours drawn to scale and soil surveys. Commissioners also requested
the applicant contact the U.S. Army Corps of Engineers and the Alaska Department of
Transportation to check for compliance with their permitting processes and regulations.
The applicant submitted additional materials to the City of Kenai in May and June 2018.
These materials included an elevation-contour map showing the location of the proposed
project, a report on soil test probes and a well test drilling completed in 2018, and a
cover letter for an approval request for a wastewater system on the property in 2005 (the
request was never processed by the Alaska Department of Environmental
Conservation). The applicant also submitted a letter dated April 26, 2018 from the U.S.
Army Corps of Engineers stating the proposed project is outside of their jurisdiction.
Planning and Zoning Commission 6/27/18 Meeting Packet - Page 7
The Planning and Zoning Commission conducted a second completeness review of the
application during their meeting on June 13, 2018. Commissioners deemed the
application materials were complete to merit scheduling a public hearing for June 27,
2018.
Proposed Use as Stated by the Applicant
The applicant proposes to extract approximately 500,000 cubic yards of surface
materials over a period of three years. The applicant plans to create two ponds with a
maximum depth of 20 feet from the extraction of gravel, topsoil, and overburden. Gravel
extraction would be done in winter using an ice road. The applicant would begin gravel
extraction at the north and would expand extraction southward toward a private
driveway. Materials would be deposited directly into trucks and not stockpiled on the
property.
Using the paper map submitted by the applicant, the scale included on the map, and
measuring the drawn ponds with a ruler, the approximate measurement of the surface
area is 21,004 square yards or 4.34 acres for the smaller pond and 41,063 square yards
or 8.48 acres for the larger pond. This gives an estimated total surface area of both
ponds resulting from the extraction to be 62,067 square yards or 12.82 acres.
Criteria for Issuance of Permit for the Subject Application
Kenai Municipal Code 14.20.154 – Issuance of Permit for Surface Extraction of Natural
Resources
Criteria for the issuance of conditional use permit applications for surface extraction of
natural resources are outlined in KMC 14.20.154. Ordinance 2977-2017 (substitute),
effective October 6, 2017, amended KMC for conditional use permit applications for
surface extraction of natural resources, including KMC 14.20.154. Ordinance 2977-2017
(substitute) added KMC 14.20.154(a)(11) to require clearing limits be delineated on site
plans for surface extraction. This application was received prior to the adoption of
Ordinance 2977-2017 (substitute) and will follow KMC in place at the time of application
submission. Aside from the addition of KMC 14.20.154(a)(11) that will not be apply to
this application, Ordinance 2977-2017 did not change other requirements under KMC
14.20.154. The requirements of KMC 14.20.154 are reviewed as follows:
• KMC 14.20.154(a)(1) The application is in substantial compliance with the
requirements of this chapter;
This application is not in substantial compliance with the requirements of this chapter.
The applicant has not demonstrated the proposed use meets the requirements for
boundaries of the proposed extraction, buffer strips and screening, back slopes, or
fencing. Some required criteria are not possible to evaluate without guessing because
the application neglected to provide detailed information despite the direction of the
Planning and Zoning Commission and additional time given to the applicant.
• KMC 14.20.154(a)(2) The boundaries of the proposed excavation at its greatest
dimensions, including back slopes, are at least two hundred feet (200') from any road
or public right-of-way and at least one hundred fifty feet (150') from other surrounding
property lines, except that adjoining permitted surface extraction of natural resources
Planning and Zoning Commission 6/27/18 Meeting Packet - Page 8
sites are not required to maintain the above one hundred fifty feet (150') excavation
between sites;
The application does not denote exact dimensions. Using the May 2018 paper map
submitted by the applicant containing outlines of the gravel pits and a ruler, the
boundaries of the proposed excavation and the distance from other surrounding
property lines and roads may be estimated. Assuming one inch equal 86.957 feet
(calculated from the scale bar showing 11.5 inches equals 1,000 feet), the proposed
gravel pits are approximately 530 feet from Silver Salmon Drive, 108 feet and 130 feet
from property lines to the south and north, approximately 240 feet from the Kenai
River to the west, and approximately 195 feet from residential properties to the east.
Using these numbers, the proposed use does not meet the property line boundaries
required by KMC 14.20.154(a)(2).
• KMC 14.20.154(a)(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 applicant states, “the site cannot be seen from Silver Salmon Drive” and “there
will be trees on all sides of the pond after project completed…the area will continue to
be remote wilderness”. KMC 14.20154(a)(3) states there must be sufficient natural
screening to obscure the entire excavation from the site of roadways and inhabited
areas. The neighboring properties of the subject property are not remote wilderness,
but are zoned residential and contain homes. Several residences on two different
streets directly overlook the site of the proposed excavation from a higher elevation.
Even if all trees surrounding the pond were left in place and the applicant successfully
used an ice road, these residences would still directly overlook the excavation. Since
there is not sufficient natural screening, KMC 14.20.154(a)(3) states there must be
artificial screening. The application provides for no artificial screening or fencing, and
does not meet this requirement. The Planning and Zoning Commission will conduct a
site visit prior to the public hearing on June 27, 2018 in order to evaluate this
requirement.
• KMC 14.20.154(a)(4) The site plan provides that back slopes be a minimum of a 2:1
slope, except for the contiguous working face;
The application has a line reading, “the pond will be a 2:1 slope or greater” as part of
a description of the proposed use. The site plan provided with the application contains
no post-extraction contours or any detail of where extracted material will be stored,
other than it will be hauled off-site. There is not a site plan showing grading or
proposed reclamation slopes to verify this requirement.
• KMC 14.20.154(a)(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;
The June 12, 2018 Site Investigation Report notes the “groundwater table was
generally encountered within a half foot of the surface in proposed pond areas”. The
application does not discuss any methods of drainage on the site. The application
proposes to form two ponds as a result of the excavation and therefore meets this
requirement.
Planning and Zoning Commission 6/27/18 Meeting Packet - Page 9
• KMC 14.20.154(a)(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 applicant states no fencing will be needed and that a gate will block the private
driveway. Due to their proximity to homes and the Pillars Boat Launch, a person from
the boat launch or nearby residence could easily access the pit and work area without
a fence or other safety barrier.
The applicant proposes to only extract gravel in the winter when the ground is frozen
using an ice road and to only drive on the area to be extracted. This plan is not
realistic. Ice roads are used rarely on the Kenai Peninsula. When Peak Oilfield
Service Company built a three-mile ice road for NordAq Energy Incorporated to
conduct exploratory drilling within the Kenai National Wildlife Refuge during the single
winter season of 2010-2011, special equipment and plans were necessary. This
included plans to use equipment to drive the frost level deeper and earlier,
interlocking steel rig mats, water and ice chips, snowmakers, and contingencies for
warmer weather. Using the paper map submitted by the applicant and a ruler, the
proposed width of the ponds are approximately 0.21 miles and 0.1 miles. While the
applicant’s ice roads would be much shorter than the three-mile ice road referenced, it
is still unrealistic to propose ice roads for the climate of the Kenai Peninsula with no
contingencies or plans for warmer weather. If the ice roads were not stable, the
underlying wetlands could be damaged, and the land could become deeply rutted and
prone to erosion.
The applicant proposes to work long hours to finish the work within three years.
Without specific hours of operation, it is not possible to determine if the activity if
compatible as a use within the RR zone adjacent to residences.
• KMC 14.20.154(a)(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;
The property under consideration is within the Rural Residential (RR) Zone. The Land
Use Table allows surface extraction of natural resources in the RR Zone with an
approved conditional use permit. Permits may be granted if the proposed use would
be compatible with the surroundings and the conditions and requirements are met.
The June 12, 2018 Site Investigation Report states the area “can be developed as
shallow ponds”. The applicant’s proposed use is not accurately described as shallow
ponds. The proposed use are gravel pits to be excavated to a maximum depth of 20
feet of encompassing approximately 13 acres. It is misleading to refer to the proposed
conditional use as solely to build small ponds.
The Kenai River Center does not have jurisdiction over the proposed use because it
is outside of the 50-foot River Habitat buffer. However, the River Center raised
concerns for the ponds and surrounding lowlands to become inundated and have
significant erosion in the event of a flood. The ponds would be approximately 240 feet
from the Kenai River based upon paper calculations with a ruler from the map
submitted by the applicant.
Planning and Zoning Commission 6/27/18 Meeting Packet - Page 10
In 2002, a six-acre abandoned gravel mine abandoned in 2000 and developed within
100 feet of the South Fork of the Anchor River was captured by the river. This had
detrimental impacts to fish in the river. The U.S. Fish and Wildlife Service paid for the
Anchor River to be restored. However, avoiding the capture of the gravel mines would
have been less expensive and provided better fish habitat. Because of the proximity
of the extraction to the Kenai River and the possibility for the Kenai River to capture
the two proposed ponds and adversely affect the salmon fishery, the proposed use
poses an unreasonable risk for the City of Kenai with potential effects far outside of
the neighborhood of the proposed use.
• KMC 14.20.154(a)(8) The extraction does not destroy the land for the purposes for
which it is zoned;
Properties adjacent to the subject property are also in the RR Zone. To the west of
the subject property is the Kenai River. Silver Salmon Drive and the Kenai Spur
Highway border the northern extension and eastern edge of the property. See
findings under 14.20.154(a)(7) for concerns about potential river capture, erosion,
fisheries risks, and damage to wetlands.
• KMC 14.20.154(a)(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;
Gravel pits and other surface extraction may be compatible uses within the RR Zone,
provided the applicant has plans to address screening, operating hours, post-
extractive use, and truck/machinery traffic. This application does not address any of
those items. Without any plans to mitigate the impact of a gravel pit on a residential
neighborhood, this proposed use would have detrimental effects on surrounding
property owners. Surrounding homes look directly over the site of the proposed
surface extraction. The quality of life in the neighborhood would be affected by noise,
traffic, and views. The character of the neighborhood would be greatly impacted by
this use during operation.
After the extraction, there are no plans for future site development and the site would
not be backfilled. The water table is very close to the surface, so the gravel pits would
fill with water even while extraction was taking place. The applicant has not described
any plans for drainage or diverting water. There is a risk of the Kenai River capturing
the two ponds and the applicant does not follow State of Alaska Best Management
Practices for surface material extraction.
There are several other gravel pits operating within the City of Kenai. More suitable
locations for surface extraction in Kenai are available away from water bodies and
could more easily include mitigating measures for neighbors, such as screening. The
applicant has not identified a need within the City of Kenai for the resource. The test
probes also indicate the resource on the subject property is of uncertain quality and
quantity. The proposed use constitutes an unreasonable risk to the City of Kenai, and
the risk does not outweigh the needs for the resource with the City.
• KMC 14.20.154(a)(10) The applicant is the owner of the subject property.
The applicant is the owner of the subject property.
Planning and Zoning Commission 6/27/18 Meeting Packet - Page 11
Kenai Municipal Code 14.20.150(d) – Review Criteria for Conditional Use Permits
The requirements of KMC 14.20.154 are specific to conditional use permits for surface
extraction of natural resources. KMC 14.20.150 contains requirements that apply to the
evaluation of all conditional use permits. The requirements of KMC 14.20.150 are
reviewed as follows:
•KMC 14.20.150(d)(1) The use is consistent with the purpose of this chapter and the
purposes and intent of the zoning district;
The property under consideration is within the Rural Residential (RR) Zone. Pursuant
to KMC 14.20.080, the intent of the zone is for low density residential development in
an attractive residential environment, to prohibit uses which would violate the
residential character of the environment or generate heavy traffic in a predominantly
residential area, and to separate residential structures in order to prevent health
hazards and preserve the rural, open quality of the environment. Surface extraction is
a permitted use and can be consistent with the intent of the residential zone.
However, this proposed use makes no attempt to mitigate impacts to neighboring
residences either during operation or post-extraction. The applicant proposed long
hours, no visual screening, no safety fencing, and there are risks of impacts to the
Kenai River. This use is not consistent with the purposes and intent of the RR Zone.
•KMC 14.20.150(d)(2) The value of the adjoining property and neighborhood will not
be significantly impaired;
The property values of adjacent properties have potential to be impaired because the
applicant does not describe how he would screen the operation, reduce noise, or
ensure stable slopes and water quality during or after the extraction. Views are
particularly important for the subject property because the value of neighboring
residences is greatly influenced by the view from the properties.
•KMC 14.20.150(d)(3) The proposed use is in harmony with the Comprehensive Plan;
The Comprehensive Plan contains a goal for Environmental Resources, with
objectives to maintain protection of the Kenai River and to preserve and protect
wetlands. The pits/ponds would be dug in wetland habitat. This is confirmed by the
applicant’s soils probes encountering peat and silt. There is also the risk for the Kenai
River to capture the ponds. The proposed use is not in harmony with the
Comprehensive Plan.
•KMC 14.20.150(d)(4) Public services and facilities are adequate to serve the
proposed use;
Commissioners raised concern for the impacts trucks may have on roads, including
turns on to the Kenai Spur Highway. The applicant has not provided details on his
proposed machinery/truck traffic or how his use would not impact City-maintained
roads.
•KMC 14.150(d)(5) The proposed use will not be harmful to the public safety, health or
welfare;
This use could potentially impact wetlands and the Kenai River. Wetlands have
integral monetary and non-monetary value to the City. Wetlands provide flood
protection, wildlife habitat, and water filtration. The salmon fishery and the experience
Planning and Zoning Commission 6/27/18 Meeting Packet - Page 12
for Pillars Boat Launch users could be affected, depending upon the extent the ponds
would affect the Kenai River.
• KMC 14.150(d)(6) 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 applicant has not adequately addressed concerns for screening and access to
his private drive from the Kenai Spur Highway.
Kenai Peninsula Borough River Center
The proposed use is outside of the 50-foot buffer from ordinary high water, and is
outside of the River Center’s jurisdiction. The Kenai Peninsula Borough’s Floodplain
Ordinance does not apply within the City of Kenai. The River Center commented with
concerns the Kenai River could capture the ponds and cause significant erosion,
including “possible washout of the land between the ponds and the river”. The Kenai
River center also rebuked the applicant’s statement that have no problem with the
project.
State of Alaska Statutes
A condition of the City of Kenai granting this permit would be for the applicant to comply
with all applicable State laws. Alaska Statute (AS) 27.19.030 states a miner must have
an approved reclamation plan for a mining operation with five or more acres or 50,000 or
more cubic yards of gravel to be removed in a year. The applicant proposes to mine at
least 12 or more total acres and 500,000 cubic yards of material over three years.
Therefore, he would meet the minimum requirements to submit a reclamation plan to the
State of Alaska. The application submitted to the City of Kenai proposes no reclamation
other than to leave existing trees. The applicant would need to develop an approved
reclamation plan in order to meet Alaska State Statutes for his proposed operation.
The State of Alaska also recommends maintaining at least four feet of vertical separation
between extraction operations and the seasonal high water table. This recommendation
and others are outlined in the September 2012 Alaska Department of Environmental
Conservation User’s Manual Best Management Practices (BMPs) for Gravel/Rock
Aggregate Extraction Projects: Protecting Surface Water and Groundwater Quality in
Alaska, available at
http://dec.alaska.gov/water/wnpspc/protection_restoration/BestMgmtPractices/Docs/Gra
velRockExtractionBMPManual.pdf. While the State BMPs are recommendations, it
supports the evaluation under KMC 14.20.154(a)(9) that the need for this resource does
not outweigh the detrimental impacts if other locations within the City of Kenai could
follow the State of Alaska BMPs for gravel extraction.
Alaska Department of Transportation
Commissioners also requested the applicant contact the Alaska Department of
Transportation (ADOT) to check for compliance with their permitting processes and
regulations. The minutes from the October 11, 2017 Planning and Zoning Commission
meeting state concern for “the dump trucks turning onto the Kenai Spur Highway in a
Planning and Zoning Commission 6/27/18 Meeting Packet - Page 13
dangerous location in the winter…the Commission could condition the permit to comply
with Department of Transportation regulations.” The applicant did not show evidence of
contacting ADOT. During the October 11, 2017 Planning and Zoning Commission
meeting, Dr. Davidhizar said he would use end dumps due to their turning radius.
U.S. Army Corps of Engineers
A condition of the City of Kenai granting this permit would be for the applicant to comply
with all applicable federal laws. During their October 11, 2017 meeting, the Planning and
Zoning Commission requested the applicant contact the U.S. Army Corps of Engineers
regarding permitting requirements. The applicant submitted a letter dated April 26, 2018
to the City of Kenai from the U.S. Army Corps of Engineers stating the proposed project
is outside of their jurisdiction.
Public Comment
The City of Kenai received numerous written public comments for this application. All of
the written comments received as of the date of this staff report are in opposition to the
project. All public comments are attached to this staff report for review by the Planning
and Zoning Commission.
RECOMMENDATIONS
Staff recommends the Planning and Zoning Commission deny this application for a
conditional use permit for surface extraction of natural resources. I recommend the denial
on the basis of this application not meeting requirements for screening, access impacts,
compatibility with zoning code and the Comprehensive Plan, not outweighing detrimental
impacts to neighboring properties, and being a risk to public welfare.
ATTACHMENTS:
A. Resolution No. PZ17-30
B. Application (inclusive of all submissions)
C. Map
D. Memorandums
E. Planning and Zoning Commission Notes Excerpts
F. Public Comments
Planning and Zoning Commission 6/27/18 Meeting Packet - Page 14
CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION NO. PZ17-30
CONDITIONAL USE PERMIT
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI
GRANTING A REQUEST FOR A CONDITIONAL USE PERMIT FOR THE CONSTRUCTION
AND OPERATION OF A GRAVEL PIT FOR THE EXTRACTION OF NATURAL RESOURCES.
APPLICANT: Lavern Davidhizar
ADDRESS: 1240 Chinook Drive, Kenai, Alaska 99611
PROPERTY ADDRESS: 4905 Silver Salmon Drive
LEGAL DESCRIPTION: Portion of Government Lots 1 and 9, and a portion of the NE ¼ of Section
7, Township 5 North, Range 10 West lying West of Spur Highway and
East of the Kenai River
KENAI PENINSULA BOROUGH PARCEL NUMBER: 04937136
WHEREAS, the City of Kenai Planning and Zoning Commission finds:
1. That an application meeting the requirements of Sections 14.20.151, 14.20.152, 14.20.154,
and 14.20.155 of the Kenai Municipal Code has been submitted;
2. This request is located on land zoned as Rural Residential.
3. That a duly advertised public hearing as required by Kenai Municipal Code 14.20.153 was
conducted by the Commission on June 27, 2018.
4. The Planning and Zoning Commission has found that the applicant has demonstrated with
plans and other documents and has found which are a prerequisite to issuance of a
Conditional Use Permit have been met, as follows:
CONDITIONAL USE PERMIT FINDINGS
Kenai Municipal Code (KMC) 14.20.154 details the intent and application process for the issuance
of a Conditional Use Permit for the Surface Extraction of Natural Resources. The code specifies
that based on the submitted Conditional Use Permit application, site plan, and supplemental
information, 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 criteria for the findings are:
1. The application is in substantial compliance with the requirements of this chapter.
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.
Planning and Zoning Commission 6/27/18 Meeting Packet - Page 15
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.
4. The site plan provides that back slopes be a minimum of a 2:1 slope, except for
the contiguous working face.
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.
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.
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.
8. The extraction does not destroy the land for the purposes for which it is zoned.
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.
10. The applicant is the owner of the subject property
CONDITIONS OF APPROVAL
1. Prior to commencement of extraction of natural resources, the applicant shall comply with
all applicable State and Federal laws, including State Statutes covering mining
reclamation. Copies of the applicant’s reclamation plan submitted to the State of Alaska
shall be provided to the City of Kenai.
2. Prior to commencement of construction and extraction of natural resources, the applicant
shall construct artificial screening and safety fencing. The applicant shall submit plans for
screening and safety fencing for City approval prior to construction.
3. Prior to commencement of construction and extraction of natural resources, the applicant
shall modify the area of his proposed extraction to meet buffer requirements of the City.
4. Prior to commencement of construction and extraction of natural resources, the applicant
will submit his hours of operation to the City for approval.
5. There shall be no processing, storing, or staging of any material on the subject parcel or
within the material site. All material shall be taken off-site after extraction.
6. Material extraction site shall be limited to 500,000 cubic yards
7. Applicant shall file an annual report for the Conditional Use Permit as set forth in Kenai
Planning and Zoning Commission 6/27/18 Meeting Packet - Page 16
Municipal Code 14.20.155.
NOW, THEREFORE, BE IT RESOLVED, BY THE PLANNING AND ZONING COMMISSION OF
THE CITY OF KENAI THAT THE PROPOSED SURFACE EXTRACTION OF NATURAL
RESOURCES MEETS THE CONDITIONS REQUIRED FOR SAID OPERATION AND
THEREFORE THE COMMISSION DOES AUTHORIZE THE ADMINISTRATIVE OFFICIAL TO
ISSUE THE APPROPRIATE PERMIT.
PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI,
ALASKA, ON THIS 27th DAY OF JUNE, 2018.
JEFF TWAIT, CHAIRPERSON
ATTEST:
______________________________________
Jamie Heinz, City Clerk
Planning and Zoning Commission 6/27/18 Meeting Packet - Page 17
Planning and Zoning Commission 6/27/18 Meeting Packet - Page 18
Planning and Zoning Commission 6/27/18 Meeting Packet - Page 19
Planning and Zoning Commission 6/27/18 Meeting Packet - Page 20
Planning and Zoning Commission 6/27/18 Meeting Packet - Page 21
Planning and Zoning Commission 6/27/18 Meeting Packet - Page 22
STRAWBERRY RD
CHINOO
K
D
RDEVRAY STI ST. SE
BW
R
TRR
RE
AY
SKE
N
A
I
T
Z
E
C
T
D
SOCKE
Y
E
CI
NIGHTHAWKLNMARTIN
CTMUSKRAT
WAYKENAI
SPUR
HWYCHINOOK
CT
SILVER
S
A
L
M
O
N
D
R
STRAWBERRY RD
SILVER
S
A
L
M
O
N
D
R
MOCKINGBIRD
4705
1320
4705
1320
45
1
0
45
1
5
45
2
0
4715471545
3
0 45
3
5
45
4
0
45
5
0
45
6
0
45
0
0
45
1
0
45
1
5
45
2
0
45
3
0 45
3
5
45
4
0
45
5
0
45
6
0
45
6
3
4
5
6
3
1
2
6
012401250 1
2
4
5
1310
49051
2
6
012401250 1
2
4
5
1310
490544
6
3
45
8
6
4705
1205
12101215122012101230
1220
1335
134
513301225123010104570
44
6
310104570
45
8
6
4705
1205
12101215122012251230 4700457545
0
0
47074707
1500
1205
4
1
4
4 120012101230
1220
1335
134
51330 5105
1340
51101350
140514201435144014
8
0
1331 4
0
0
2
1500
1205
4
1
4
4 12005105
1340
51101350
140514201435144014
8
0
1331 4
0
0
2
51995199
52205220920472548054815
4804 4806
43
3
6
4
2
0
8 9204725 4805 4815
4804 4806
43
3
6
4
2
0
8
5205
5210
5201
124
0
5125
5115
131513301320133513301340136013701385385613151315
5205
5210
5201
124
0
5125
5115
1315133013201335133013601370138538565120
K
E
N
A
I
S
P
U
R
H
W
Y
STRAWBERRY RD
SILVER
S
A
L
M
O
N
D
RCHINOOK DRI ST SE
MUSKRAT WAYKING S
A
L
M
O
N
D
R
Location of Proposed
Gravel Pit / Ponds
Location of Proposed
Gravel Pit / Ponds
Private Driveway
Planning and Zoning Commission 6/27/18 Meeting Packet - Page 23
Planning and Zoning Commission 6/27/18 Meeting Packet - Page 24
Planning and Zoning Commission 6/27/18 Meeting Packet - Page 25
Planning and Zoning Commission 6/27/18 Meeting Packet - Page 26
Planning and Zoning Commission 6/27/18 Meeting Packet - Page 27
Planning and Zoning Commission 6/27/18 Meeting Packet - Page 28
Planning and Zoning Commission 6/27/18 Meeting Packet - Page 29
Planning and Zoning Commission 6/27/18 Meeting Packet - Page 30
Planning and Zoning Commission 6/27/18 Meeting Packet - Page 31
Planning and Zoning Commission 6/27/18 Meeting Packet - Page 32
Planning and Zoning Commission 6/27/18 Meeting Packet - Page 33
Planning and Zoning Commission 6/27/18 Meeting Packet - Page 34
Planning and Zoning Commission 6/27/18 Meeting Packet - Page 35
Planning and Zoning Commission 6/27/18 Meeting Packet - Page 36
Planning and Zoning Commission 6/27/18 Meeting Packet - Page 37
Planning and Zoning Commission 6/27/18 Meeting Packet - Page 38
Planning and Zoning Commission 6/27/18 Meeting Packet - Page 39
Planning and Zoning Commission 6/27/18 Meeting Packet - Page 40
Planning and Zoning Commission 6/27/18 Meeting Packet - Page 41
Planning and Zoning Commission 6/27/18 Meeting Packet - Page 42
Planning and Zoning Commission 6/27/18 Meeting Packet - Page 43
Planning and Zoning Commission 6/27/18 Meeting Packet - Page 44
MEMORANDUM
TO:Planning and Zoning Commission
THROUGH:Paul Ostrander, City Manager
FROM:Elizabeth Appleby, City Planner
DATE:June 8, 2018
SUBJECT:PZ 2017-30 Completeness Review – Conditional Use Permit
Application for Surface Extraction of Natural Resources – 4905 Silver
Salmon Drive, and further described as a portion of Government Lots
1 and 9, and a portion of the NE ¼ of Section 7, Township 5 North,
Range 10 West lying West of Spur Highway and East of the Kenai
River (Kenai Borough Parcel No. 04937136)
_____________________________________________________________________
Application History:
The applicant, Dr. Lavern Davidhizar, submitted a conditional use permit application for surface
extraction of natural resources in July 2017 on an approximately 52.57-acre parcel of land. The
parcel is located at 4905 Silver Salmon Drive, and further described as a portion of Government
Lots 1 and 9, and a portion of the NE ¼ of Section 7, Township 5 North, Range 10 West lying
West of Spur Highway and East of the Kenai River (Kenai Borough Parcel No. 04937136). The
applicant provided a map of his proposed use in September 2017 that did not contain detailed
elevation contours.
The Planning and Zoning Commission conducted a completeness review during their meeting
on October 11, 2017. Commissioners deemed the application incomplete and requested the
applicant provide proposed post-extraction topographical contours drawn to scale and soil
surveys. Commissioners also requested the applicant contact the U.S. Army Corps of Engineers
and the Alaska Department of Transportation to check for compliance with their permitting
processes and regulations.
During the February 14, 2018 meeting of the Planning and Zoning Commission, a deadline of
May 14, 2018 was selected for the applicant to submit additional information. This deadline was
suggested by applicant. It was noted that the Planning and Zoning Commission would hold a
Planning and Zoning Commission 6/27/18 Meeting Packet - Page 45
Page 2 of 3
PZ 2017-30 Completeness Review – Conditional Use Permit Application for Surface Extraction
of Natural Resources – a portion of Government Lots 1 and 9, and a portion of the NE ¼ of
Section 7, Township 5 North, Range 10 West lying West of Spur Highway and East of the Kenai
River
public hearing to approve or reject the application based upon the information provided by the
applicant.
The applicant submitted additional materials to the City of Kenai in May 2018. These materials
included a well test drilling completed in 2018, a summary of soil and groundwater testing
completed in 2005, and an elevation-contour map showing the location of the proposed project.
The applicant also submitted a letter dated April 26, 2018 from the U.S. Army Corps of
Engineers stating the proposed project is outside of their jurisdiction.
Summary of Proposed Use as Stated by Applicant:
The proposed use would extract approximately 500,000 cubic yards of gravel material over a
period of three years. The applicant plans to create two ponds with a maximum depth of 20 feet
from the extraction of gravel, topsoil, and overburden. Gravel extraction would be done in winter
using an ice road. The applicant would begin gravel extraction at the north and would expand
extraction southward toward a private driveway. The applicant states he plans to work long
hours and there is no plan currently for future site development. The applicant states the water
table is near the surface and that he would not need to fence the site because it cannot be seen
from Silver Salmon Drive. He would not backfill any of the extraction site.
Kenai Municipal Code Pertaining to A Completeness Review of an Application for
Surface Extraction of Natural Resources:
Ordinance 2977-2017 (substitute), effective October 6, 2017, amended Kenai Municipal Code
(KMC) for conditional use permit applications for surface extraction of natural resources to allow
the City Planner to determine application completeness. This application was received prior to
the adoption of Ordinance 2977-2017(substitute) and will follow KMC in place at the time of
application submission. Therefore, it is the Planning and Zoning Commission that will review the
application materials.
The proposed use is within the Rural Residential (RR) Zone. Pursuant to KMC 14.20.080, the
intent of the zone is to prohibit uses which would violate the residential character of the
environment or generate heavy traffic in a predominantly residential area and to separate
residential structures in order to prevent health hazards and preserve the rural, open quality of
the environment. The Land Use Table allows surface extraction of natural resources in the RR
Zone with an approved conditional use permit. Permits may be granted if the proposed use
would be compatible with the surroundings and the conditions and requirements are met.
Pursuant to KMC 14.20.151, an application for a conditional use permit for surface extraction of
natural resources must contain a site plan, narrative statement, proof that the applicant has
obtained or is eligible to obtain the necessary licenses, and proof that the applicant is the owner
of the subject property. The applicant is the property owner and has obtained or is eligible to
obtain the necessary licenses. The applicant has submitted a site plan and narrative
statements, both of which are evaluated in more detail per the requirements outlined in KMC
14.20.151(a) and 14.20.151(b).
Pursuant to KMC 14.20.151(a), the site plan must be drawn to scale and include dimensions in
feet and acres or square feet, have ten-foot contour intervals, show finished topographical
Planning and Zoning Commission 6/27/18 Meeting Packet - Page 46
Page 3 of 3
PZ 2017-30 Completeness Review – Conditional Use Permit Application for Surface Extraction
of Natural Resources – a portion of Government Lots 1 and 9, and a portion of the NE ¼ of
Section 7, Township 5 North, Range 10 West lying West of Spur Highway and East of the Kenai
River
contours, show existing and proposed buildings or structures, show principal access points by
trucks and equipment, indicate the existing landscape features, and indicate the nature of other
operations to take place on site.
The applicant submitted a map of existing contour intervals, but did not indicate proposed
finished topographical contours. The dimension of the ponds resulting from the gravel extraction
were not given (other than a depth of 20 feet and 500,000 cubic yards of material removal).
Assuming a uniform depth of 20 feet in the ponds, the area of extraction would cover 25,000
square yards or 15.5 acres.
Pursuant to KMC 14.20.151(b), the narrative statement must contain soil surveys with reference
to the average year-round water table throughout the entire acreage, the estimated amount of
material to be removed from the site, estimated length of time to complete the operation,
proposed hours of operation, method of fencing or barricading the area to prevent casual
access, amount and location of natural screening, plans to construct screening, description of
operations, plans to shape the land for future use, method of backfilling or replacing topsoil, and
proposed future use of the land after development. The Planning and Zoning Commission had
requested the applicant provide additional information to meet KMC 14.20.151(b)(1) requiring
“soil surveys with reference to the average year-round water table throughout the entire
acreage”.
In May 2018, the applicant submitted one soil survey from a well drilling and a description of the
soil from a past wastewater treatment system study. These materials are not sufficient to
describe the average water table throughout the entire acreage over a year.
The Planning and Zoning Commission had requested the applicant contact the U.S. Army Corps
of Engineers and the Alaska Department of Transportation to check for compliance. The
applicant provided a letter from the U.S. Army Corps of Engineers stating the proposed use is
not under their jurisdiction. The applicant did not show evidence of contact with the Alaska
Department of Transportation.
City Planner Recommendation:
I recommend the Planning and Zoning Commission schedule a public hearing for this
application at their June 27, 2018 meeting based upon the information provided by the
applicant. I recommend the Commission conduct a site visit prior to the public hearing.
Attachments to this memorandum are all materials submitted by the applicant, inclusive of the
applicant’s 2017 application and revised 2018 application.
Thank you for your consideration.
Planning and Zoning Commission 6/27/18 Meeting Packet - Page 47
MEMORANDUM
TO: Planning and Zoning Commission
THROUGH: Paul Ostrander, City Manager
FROM: Elizabeth Appleby, City Planner
DATE: June 13, 2018
SUBJECT: Laydown materials for June 13, 2018 Planning and Zoning Commission
Meeting Agenda Item 8c. Conduct Completeness Review of the updated
application submitted by Dr. Lavern Davidhizar for a Conditional Use Permit
for Extraction of Natural Resources
____________________________________________________________________________
On June 13, 2018, the City received a site investigation report conducted by Tauriainen
Engineering and Testing pertaining to Item 8c. Conduct Completeness Review of the updated
application submitted by Dr. Lavern Davidhizar for a Conditional Use Permit for Extraction of
Natural Resources pursuant to Kenai Municipal Code 14.20.152 and schedule the application for
a Public Hearing on June 27, 2018. This application affects property located at 4905
Silver Salmon Dr., and further described as a portion of Government Lots 1 and 9, and a portion
of the NE ¼ of Section 7, Township 5 North, Range 10 West lying West of Spur
Highway and East of the Kenai River (Kenai Borough Parcel No. 04937136).
The submitted site investigation report provided information on test probes conducted on June
12, 2018. The test probes determined soils are generally peat and silts, with some coarse gravel
below peat at the south edge of the property. Site soils are Salamatof peat, forested (level) and
support scrubby black spruce trees. Soils in the area of the previously cleared pad on the property
are Kasilof silt loam, nearly level. The Kasilof soils are moist when undisturbed, droughty when
the organic surface material is removed, and are underlain with gravel.
The Planning and Zoning Commission had requested Dr. Davidhizar submit additional soil
surveys at the October 11, 2017 review of his conditional use application. The site investigation
report from Tauriainen Engineering and Testing fulfills that request. The applicant has yet to
submit additional information on the finished contours for his proposed use, also requested by the
Planning and Zoning Commission at the October 11, 2017 review. Given the prior Commission
actions and directions regarding this application and the process outlined in Kenai Municipal
Planning and Zoning Commission 6/27/18 Meeting Packet - Page 48
Code, it is time to evaluate the application and either approve or reject the application based upon
the information provided in the record and the forthcoming public hearing.
I recommend the Planning and Zoning Commission review this laydown document in addition to
the documents provided in the packet as part of their completeness review at the June 13, 2018
meeting, and deem the application materials sufficient enough to schedule a public hearing at the
June 27, 2018 meeting. The public hearing would evaluate the suitability for the City to grant a
permit for the proposed use by the applicant, which is for surface extraction of approximately
500,000 cubic yards of gravel material over a period of three years.
Thank you for your consideration.
Planning and Zoning Commission 6/27/18 Meeting Packet - Page 49
NAY:
MOTION PASSED UNANIMOUSLY.
b. PZ17-30 — Conduct Completeness Review of the application submitted by Dr. Vern
Davidhizar for a Conditional Use Permit for Extraction of Natural Resources pursuant to
Kenai Municipal Code 14.20.152 AND consider scheduling the application for a Public
Hearing on October 25, 2017. Said application affects property located at 4905 Silver
Salmon Dr., and further described as a portion of Government Lots 1 and 9, and a portion
of the NE'/ of Section 7, Township 5 North, Range 10 West lying West of Spur Highway
and East of the Kenai River (Kenai Borough Parcel No. 04937136).
City Planner Kelley reviewed his memo, which was provided in the packet, noting the applicant
requested a Conditional Use Permit for the extraction of natural resources on a parcel located on
Silver Salmon Drive for extraction of 500,000 cubic yards of gravel over three years and the
ultimate creation of two ponds.
MOTION:
Commissioner Fikes MOVED to deem the application submitted by Dr. Vern Davidhizar for a
Conditional Use Permit for Extraction of Natural Resources pursuant to Kenai Municipal Code
14.20. 152 Complete and schedule the matter for a Public Hearing on October 25, 2017.
Commissioner Askin SECONDED the motion.
Clarification was provided that the property owner was aware of setbacks and the site plan
indicated the required setbacks.
It was noted the proposed finished topographical contours were not provided, nor to scale. It was
also noted that a soil survey had not been provided with the narrative.
There was concern with the dump trucks turning onto the Kenai Spur Highway in a dangerous
location in the winter; it was expressed that the Planning Commission may not have jurisdiction
on the roads as they were built to standards. Clarification was provided that the Commission
could condition the permit to comply with Department of Transportation regulations.
Clarification was provided that the applicant needed to contact the Corps of Engineers regarding
permitting requirements.
Mr. Davidhizar explained that the plan was to use end dumps due to their turning radius; Corps
of Engineers would require a form confirming that the material was deposited directly into the
trucks and not stockpiled elsewhere on the property; the work was to be done in the winter due
to the road conditions, and that the area would look better when the project was completed.
Mrs. Davidhizar noted the neighbors were excited for the ponds and the road wasn't a problem
for the large trucks as they discovered when they had their septic redone.
MOTION TO AMEND:
Commissioner Greenberg MOVED to amend by determining that the applicant needed to provide
Planning and Zoning Commission Meeting
October 11, 2017
Page 3Planning and Zoning Commission 6/27/18 Meeting Packet - Page 50
proposed finished topographical contours and soil surveys before the Commission could
determine the application complete and direct staff to schedule the public hearing upon receipt of
the items and Commissioner Askin SECONDED the motion.
VOTE ON THE AMENDMENT:
YEA: Fikes, Greenberg, Askin, Twait, Halstead, Peterson, Springer
NAY:
MOTION PASSED UNANIMOUSLY.
VOTE ON THE MAIN MOTION:
YEA: Fikes, Greenberg, Askin, Twait, Halstead, Peterson, Springer
NAY:
MOTION PASSED UNANIMOUSLY.
9. PENDING ITEMS: None.
10. REPORTS:
a. City Council — Council Member Glendening reviewed the Action Agenda for the October
4 City Council meeting which was provided in the packet.
b. Borough Planning — Kenai Peninsula Borough Planning Commissioner Fikes reviewed
action from the October 9 Borough Planning Commission meeting noting a vacation of an
easement and five plats were approved, a public hearing was held on a Limited Marijuana
Cultivation Facility which was subsequently approved, a variance for a property line
setback was approved, and one development in the anadromous waters habitat zone was
approved and one denied.
c. Administration — City Planner M. Kelley asked the Commission to consider whether
meetings should be held on November 22 and December 27 or be cancelled.
11. PERSONS PRESENT NOT SCHEDULED: None.
12. INFORMATIONAL ITEMS: None.
13. NEXT MEETING ATTENDANCE NOTIFICATION: October 25, 2017
14. COMMISSION COMMENTS & QUESTIONS:
Commissioner Halstead noted the Parks & Recreation Commission needed Commissioners and
asked Planning & Zoning Commissioners to encourage their friends to volunteer.
15. ADJOURNMENT:
There being no further business before the Commission, the meeting was adjourned at 8:27 p.m.
Planning and Zoning Commission Meeting
October 11, 2017
Page 4Planning and Zoning Commission 6/27/18 Meeting Packet - Page 51
Commissioner Peterson MOVED to recommend approval to Council of the Airport Reserve Land
Lease Application by SOAR and Commissioner Halstead SECONDED the motion.
VOTE:
YEA: Halstead, Peterson, Fikes, Askin, Greenberg, Twait, Springer
NAY:
MOTION PASSED UNANIMOUSLY.
b. Resolution PZ2018-03 - Application for a Conditional Use Permit to operate an approximately
498 square-foot Marijuana Cultivation Facility, Limited, within an existing approximately 1,252
square foot attached garage; located on the property known as 1817 Sunset Blvd., Kenai, AK
99611, and further described as G. L. 5, Section 26, Township 6 North, Range 12 West.
Application submitted by: Jennifer Huffman, d/b/a Grateful Buds LLC, 40095 Lamont St., Kenai,
Alaska 99611
City Planner Appleby noted that on February 28, 2018, the Planning and Zoning Commission
passed Resolution PZ2018-03 for a Conditional Use Permit to operate an approximately 500
square foot Marijuana Cultivation Facility, Limited, within an existing approximately 1,252 square-
foot attached garage. Appleby noted the detached garage would not be constructed and an
addition to the resolution would be the requirement that an approved business license issued by
the State of Alaska be submitted. Appleby clarified that the changes were to correct clerical errors
in the resolution so that the permit accurately reflected the intended use and would include the
requirement that the City of Kenai receive a copy of the business license.
MOTION:
Commissioner Springer MOVED to amend something previously adopted by replacing with the
substitute resolution PZ2018-03 and Commissioner Greenberg SECONDED the motion.
VOTE:
YEA: Peterson, Fikes, Askin, Greenberg, Twait, Springer, Halstead
NAY:
MOTION PASSED UNANIMOUSLY.
c. Resolution PZ17-30 - Conduct Completeness Review of the updated application submitted by
Dr. Lavern Davidhizar for a Conditional Use Permit for Extraction of Natural Resources pursuant
to Kenai Municipal Code 14.20.152 AND schedule the application for a Public Hearing on June
27, 2018. Said application affects property located at 4905 Silver Salmon Dr., and further
described as a portion of Government Lots 1 and 9, and a portion of the NE ¼ of Section 7,
Township 5 North, Range 10 West lying West of Spur Highway and East of the Kenai River (Kenai
Borough Parcel No. 04937136)
City Planner Appleby clarified the purpose of this item was to review the materials submitted for
completeness, not debate the permit request. Appleby reviewed the staff report and provided the
application history. She noted the laydown material fulfilled the previous request of the Planning
and Zoning Commission for additional soil surveys.
Planning and Zoning Commission 6/27/18 Meeting Packet - Page 52
Commissioners agreed the application was complete and expressed support in a public hearing
as recommended by staff.
MOTION:
Commissioner Greenberg MOVED to deem the Conditional Use Permit application by Dr.
Davidhizar complete and schedule a public hearing on June 27; Commissioner Askin
SECONDED the motion.
VOTE:
YEA: Fikes, Askin, Greenberg, Twait, Springer, Halstead, Peterson
NAY:
MOTION PASSED.
9. PENDING ITEMS: None.
10. REPORTS:
a. City Council – Council Member Knackstedt reviewed the action agenda from the June
6 City Council Meeting; noted the FY2019 budget was approved.
b. Borough Planning – Commissioner Fikes reported that the Commission met on June
11; noted four plats were approved, one was a final approval, three were preliminary;
there were two limited marijuana cultivation facility applications, one was in the Ninilchik
area and one was in the Kasilof area, both were recommended to the Assembly for
approval; and there was one conditional land use permit for material site modification
that was approved.
c. Administration – City Planner Appleby noted that there would likely be a series of work
sessions upcoming to discuss the Kenai Zoning Code and Land Use Table for marijuana
in addition to possibly modifying the Kenai Sign Code, clarifying it was not sufficient and
could use revamping. Appleby also reported on the following:
The lease map for available parcels within the airport reserve was now available
online;
She attended the Kenai Peninsula Borough Alaska L&G Work Committee
meeting for Council Member Glendening and a motion was made for the Mayor
to request that Alaska Gasline Development Corporation investigate some
additional water sources;
She attended a conference for the FAA and gained useful information regarding
airport land leases and sales; and
The City is preparing for the upcoming Dipnet Season and she recommended
everyone download the Dip Kenai app.
City Manager Ostrander clarified that the May 14 deadline for Resolution PZ17-30 was originally
established to get this meeting’s review scheduled. He noted that the applicants were allowed to
submit materials up until the meeting date and clarified that the decision at the public hearing on
June 27 would be based on the materials provided at this meeting. Additional information from
Planning and Zoning Commission 6/27/18 Meeting Packet - Page 53
the applicant would not be forthcoming.
11.ADDITIONAL PUBLIC COMMENT
Kenai Resident, John Hammelman spoke in opposition of the Resolution No. PZ17-30. He noted
some of the supporting materials in the application packet were deceptive, specifically on page
102 of the packet, Wetlands Investigation. He noted that it was only one of 52 pages available
with clearer and more detailed views, if requested. Mr. Hammelman further noted on page 109 of
the packet, the cover letter by the Alaska Consulting and Environmental Engineering on behalf of
property owner, Travis Hall, requested Alaska Department of Environmental Conservation
(ADEC) plan approval of the proposed wastewater system. He clarified that he contacted ADEC
to find out if it was approved but there was no information available about it or even the fees that
would be associated with it. Mr. Hammelman added he then contacted the Waste Water Division
and they were unable to find that it was ever processed. He clarified that page 109 was simply a
cover letter requesting approval and it means nothing. His final point regarded his contact with
the Conservation Fund of Alaska and their interest in purchasing the wetlands down below. He
noted they would pay fair market value, even with the current pad in place; if any additional work
were done there though, the Conservation Fund would no longer be interested. Mr. Hammelman
advised the City to contact the Conservation Fund as well as the Nature Conservancy.
12.INFORMATIONAL ITEMS – None.
13.NEXT MEETING ATTENDANCE NOTIFICATION: June 27, 2018
City Planner Appleby noted an upcoming site visit on Tuesday, June 19 at 6:00 p.m. to the
neighborhood and proposed gravel extraction site as in Dr. Davidhizar’s application.
14.COMMISSION COMMENTS & QUESTIONS
Commissioner Fikes thanked the City Manager for clarification on policy and procedures moving
forward with the application.
15.ADJOURNMENT
There being no further business before the Commission, the meeting was adjourned at 7:51 p.m.
Minutes prepared and submitted by:
_____________________________
Jacquelyn Kennedy
Deputy City Clerk
Planning and Zoning Commission 6/27/18 Meeting Packet - Page 54
Planning and Zoning Commission 6/27/18 Meeting Packet - Page 55
Planning and Zoning Commission 6/27/18 Meeting Packet - Page 56
Planning and Zoning Commission 6/27/18 Meeting Packet - Page 57
Planning and Zoning Commission 6/27/18 Meeting Packet - Page 58
Planning and Zoning Commission 6/27/18 Meeting Packet - Page 59
Planning and Zoning Commission 6/27/18 Meeting Packet - Page 60
Planning and Zoning Commission 6/27/18 Meeting Packet - Page 61
Planning and Zoning Commission 6/27/18 Meeting Packet - Page 62
Planning and Zoning Commission 6/27/18 Meeting Packet - Page 63
Planning and Zoning Commission 6/27/18 Meeting Packet - Page 64
Planning and Zoning Commission 6/27/18 Meeting Packet - Page 65
Planning and Zoning Commission 6/27/18 Meeting Packet - Page 66
Planning and Zoning Commission 6/27/18 Meeting Packet - Page 67
Planning and Zoning Commission 6/27/18 Meeting Packet - Page 68
Planning and Zoning Commission 6/27/18 Meeting Packet - Page 69
Planning and Zoning Commission 6/27/18 Meeting Packet - Page 70
Planning and Zoning Commission 6/27/18 Meeting Packet - Page 71
Planning and Zoning Commission 6/27/18 Meeting Packet - Page 72
Planning and Zoning Commission 6/27/18 Meeting Packet - Page 73
Planning and Zoning Commission 6/27/18 Meeting Packet - Page 74
Planning and Zoning Commission 6/27/18 Meeting Packet - Page 75
Planning and Zoning Commission 6/27/18 Meeting Packet - Page 76
Planning and Zoning Commission 6/27/18 Meeting Packet - Page 77
Planning and Zoning Commission 6/27/18 Meeting Packet - Page 78
Planning and Zoning Commission 6/27/18 Meeting Packet - Page 79
Planning and Zoning Commission 6/27/18 Meeting Packet - Page 80
Planning and Zoning Commission 6/27/18 Meeting Packet - Page 81
Planning and Zoning Commission 6/27/18 Meeting Packet - Page 82
Planning and Zoning Commission 6/27/18 Meeting Packet - Page 83
Planning and Zoning Commission 6/27/18 Meeting Packet - Page 84
Planning and Zoning Commission 6/27/18 Meeting Packet - Page 85
Planning and Zoning Commission 6/27/18 Meeting Packet - Page 86
Planning and Zoning Commission 6/27/18 Meeting Packet - Page 87
Planning and Zoning Commission 6/27/18 Meeting Packet - Page 88
Planning and Zoning Commission 6/27/18 Meeting Packet - Page 89
Planning and Zoning Commission 6/27/18 Meeting Packet - Page 90
Planning and Zoning Commission 6/27/18 Meeting Packet - Page 91
Planning and Zoning Commission 6/27/18 Meeting Packet - Page 92
Planning and Zoning Commission 6/27/18 Meeting Packet - Page 93
Planning and Zoning Commission 6/27/18 Meeting Packet - Page 94
Planning and Zoning Commission 6/27/18 Meeting Packet - Page 95
Planning and Zoning Commission 6/27/18 Meeting Packet - Page 96
Planning and Zoning Commission 6/27/18 Meeting Packet - Page 97
Planning and Zoning Commission 6/27/18 Meeting Packet - Page 98
Planning and Zoning Commission 6/27/18 Meeting Packet - Page 99
Planning and Zoning Commission 6/27/18 Meeting Packet - Page 100
Planning and Zoning Commission 6/27/18 Meeting Packet - Page 101
Planning and Zoning Commission 6/27/18 Meeting Packet - Page 102
Planning and Zoning Commission 6/27/18 Meeting Packet - Page 103
Planning and Zoning Commission 6/27/18 Meeting Packet - Page 104
Planning and Zoning Commission 6/27/18 Meeting Packet - Page 105
Planning and Zoning Commission 6/27/18 Meeting Packet - Page 106
(OL]DEHWK$SSOHE\
)URP GRQDOGMRKQVRQ#DODVNDQHW
6HQW 6DWXUGD\0D\ 30
7R (OL]DEHWK$SSOHE\
6XEMHFW *UDYHOH[WUDFWLRQRQWKH.HQDL5LYHU
Elizabeth Appleby,
I would like to speak to you about the permit application which Dr. Davidhizar has submitted to extract 500,000 cubic yards of
gravel immediately adjacent to the Kenai River between the Pillars and Eagle Rock boat launches. I claim that digging that kind
of hole that close to the Kenai River would be like exploding a really large bomb next to the river. The unintended consequences
of such a project could have devastating consequences for a great many Alaskan's and the diggers would probably be long
gone when they happen.
Once complete this project being within the Kenai's lower river flood plain makes it possible for the river to permanently reroute
during a flood. That kind of a water diversion and depth reduction would be a permanent disaster for all lower river sport
fisheries and would cost the public millions to repair. At the very least the city or state should require a 5 -10 million dollar bond
to clean up any future disasters resulting from such a foolish project.
Thank you for listening to my concerns.
Donald Johnson
Soldotna, Alaska 99669
donaldjohnson@alaska.net
907 262 7893
Planning and Zoning Commission 6/27/18 Meeting Packet - Page 107
June 12, 2018
Jeff Twait, Chairman
Kenai Planning and Zoning Commission
210 Fidalgo Ave.
Kenai, Alaska 99611
RE: PZ 2017-30 Application Conditional Use Permit for Surface Extraction 4905 Silver Salmon Dr
Dear Mr. Twait:
The purpose of this letter is to inform the Kenai Planning and Zoning Commission (P&Z) of my opposition
for a conditional use permit for the proposed gravel pit on Silver Salmon Drive. I understand the final
decision on whether to issue or deny a permit is still in the future following a public hearing on June 27
th.
My opposition is not based on emotion, but on the Kenai Municipal Code and the application and project
requirements that must be satisfied before a permit can be issued. I will outline them at the future public
hearing. The commission has received prior opposition correspondence from my neighbors and me during
this nearly yearlong process. We will continue as this progression grinds to a conclusion.
In your packet for the June 13,2018, P&Z Commission hearing, the City Planner has provided you with an
informative memo that covers the application history for the proposed gravel pit. After nearly a year and
several communications informing the applicant that his application is not complete, it remains so. I
understand the code that was in place when the application was submitted did not have a straightforward
mechanism to dispatch incomplete applications. As such, any residents bordering proposed conditional use
projects are left hanging in the wind at and are at the whims and timeline of an applicant.
As a body you had two choices: 1) continue to subject all of the residents who border this proposed gravel pit
through endless P&Z hearings until the application is truly complete;or 2) send the application “as is” to a
public hearing where it can be dispatched based on the information provided (complete or not). On February
14, 2018, the P&Z Commission chose the latter.
When the commission allowed for the additional time the applicant requested, I was not opposed for one
single reason: allowing those extra three months started a clock and a process to bring closure to this issue
that begins June 13th. I look forward to sharing my interpretation of the requirements necessary for a
conditional use permit applicant to be successful. More importantly, I look forward to the opportunity to
share why I believe they have not been met.
As the City Planner recommended in her June 8, 2018 memo for your meeting, I would encourage the P&Z
Commission to conduct a site visit. I believe that it is fair to the applicant and the neighbors for all of you to
see the land and topography for relevance when laying the code requirements over the application for your
decision. Even if the application was complete, the project cannot meet statutory obligations.
Sincerely,
Bruce Richards
1320 Chinook Dr
Kenai, Alaska 99611
Planning and Zoning Commission 6/27/18 Meeting Packet - Page 108
Copy of the following report and maps related to the Anchor River gravel pit capture
restoration plan submitted by John Hammelman to the City on 6/18/18.
Planning and Zoning Commission 6/27/18 Meeting Packet - Page 109
Planning and Zoning Commission 6/27/18 Meeting Packet - Page 110
Planning and Zoning Commission 6/27/18 Meeting Packet - Page 111
Planning and Zoning Commission 6/27/18 Meeting Packet - Page 112
Planning and Zoning Commission 6/27/18 Meeting Packet - Page 113
Planning and Zoning Commission 6/27/18 Meeting Packet - Page 114
Planning and Zoning Commission 6/27/18 Meeting Packet - Page 115
Planning and Zoning Commission 6/27/18 Meeting Packet - Page 116
Planning and Zoning Commission 6/27/18 Meeting Packet - Page 117
Planning and Zoning Commission 6/27/18 Meeting Packet - Page 118
Planning and Zoning Commission 6/27/18 Meeting Packet - Page 119
Planning and Zoning Commission 6/27/18 Meeting Packet - Page 120
Planning and Zoning Commission 6/27/18 Meeting Packet - Page 121
Planning and Zoning Commission 6/27/18 Meeting Packet - Page 122
Planning and Zoning Commission 6/27/18 Meeting Packet - Page 123
Planning and Zoning Commission 6/27/18 Meeting Packet - Page 124
Planning and Zoning Commission 6/27/18 Meeting Packet - Page 125
Planning and Zoning Commission 6/27/18 Meeting Packet - Page 126
Planning and Zoning Commission 6/27/18 Meeting Packet - Page 127
Planning and Zoning Commission 6/27/18 Meeting Packet - Page 128
Planning and Zoning Commission 6/27/18 Meeting Packet - Page 129
Planning and Zoning Commission 6/27/18 Meeting Packet - Page 130
Planning and Zoning Commission 6/27/18 Meeting Packet - Page 131
Planning and Zoning Commission 6/27/18 Meeting Packet - Page 132
Planning and Zoning Commission 6/27/18 Meeting Packet - Page 133
Planning and Zoning Commission 6/27/18 Meeting Packet - Page 134
Planning and Zoning Commission 6/27/18 Meeting Packet - Page 135
Planning and Zoning Commission 6/27/18 Meeting Packet - Page 136
Planning and Zoning Commission 6/27/18 Meeting Packet - Page 137
Planning and Zoning Commission 6/27/18 Meeting Packet - Page 138
Planning and Zoning Commission 6/27/18 Meeting Packet - Page 139
Planning and Zoning Commission 6/27/18 Meeting Packet - Page 140
Planning and Zoning Commission 6/27/18 Meeting Packet - Page 141
Planning and Zoning Commission 6/27/18 Meeting Packet - Page 142
Planning and Zoning Commission 6/27/18 Meeting Packet - Page 143
Planning and Zoning Commission 6/27/18 Meeting Packet - Page 144
1996 -
Anchor River,
Gravel Pit
Planning and Zoning Commission 6/27/18 Meeting Packet - Page 145
2000 -
Gravel pits with ground water
Planning and Zoning Commission 6/27/18 Meeting Packet - Page 146
2011 - Flood
Planning and Zoning Commission 6/27/18 Meeting Packet - Page 147
2015 -
Restoration
Planning and Zoning Commission 6/27/18 Meeting Packet - Page 148
City of Kenai
Planning Commission
210 Fidalgo Avenue
Kenai, AK 99611
Re: Parcel # 04937136, Proposed Gravel Pit
Planning Commission:
I oppose this proposed gravel pit and urge the Planning Condition to deny Dr. Davidhizar’s
Conditional Use Permit Application. The applicant proposes to extract approximately 500,000
cubic yards of gravel material over a period of three years. He plans to create two ponds with a
maximum depth of 20 feet from the extraction of gravel, topsoil, and overburden. The applicant
also states the work would be conducted during long hours to complete the project quicker.
The proposed gravel pit is located in lowlands adjacent to the Kenai River and is overlooked by
homes with million dollar views. According to the City’s Comprehensive Plan a project like this
has to meet screening requirements. These landowners are on a ridge high enough that it would
be impossible to screen this operation from their viewshed. The detrimental effects to these
landowners outweigh the benefits of this proposed gravel pit. Look at the maps; we have plenty
of gravel pits or other areas better suited for a gravel pit in the central Peninsula. Furthermore,
gravel pit construction begets noise pollution. I live by a gravel pit. I can attest to the noise and
increased traffic that accompanies such a project. This neighborhood is not suitable for an
activity of this size.
Additionally, the proposed gravel pit is located within the riparian area of the Kenai River. A
riparian area is critical habitat for birds, amphibians, and wildlife that depend on the River.
Although this project lies outside of the 50 foot habitat area protected by the Kenai Peninsula
Borough Habitat Ordinance, it is still part of the fragile riparian zone, especially the wetlands
that continue to act as a sponge during heavy rains. There have been gravel pits adjacent to the
North Fork of the Anchor River and Two Moose Creek (a tributary to the Anchor River) that
have been breached or even captured by the river during high water events. The Kenai
Watershed Forum reconstructed a portion of the North Fork Anchor River to solve the
sedimentation problem at great expense. While the problem has been fixed it’s not near as
pristine as the Anchor River prior to construction of the gravel pit. You can’t beat Mother
Nature’s work! It’s much better and cheaper to leave these habitats intact. The gravel pit
adjacent to Two Moose Creek still causes huge sedimentation problems during heavy rains.
(Fish gills are clogged causing mortality during heavy events of erosion and sedimentation; the
macroinvertebrates that sustain fish populations suffer the same fate.) I’m sure we would all hate
to see that happen to the Kenai River – and it’s a possibility if this gravel pit is constructed!
Sections of the proposed project are only 20 feet in elevation and adjacent to a braided section of
river. Braided sections tend to roam and change course. You know, a person can bleed to death
by 1,000 paper cuts. The same thing can kill a salmon run. Not one factor causes the
diminishment of a salmon run, but 1,000 environmental effects can. This proposed project
would not just be a paper cut, but a deep cut with a dull knife next to main artery that can
infiltrate and ooze over time.
Planning and Zoning Commission 6/27/18 Meeting Packet - Page 149
It’s time to be proactive; protect the residents of the area from a nightmare in their viewshed and
protect the Kenai River from further riparian habitat loss and the potential of this gravel pit to
leech into the Kenai River.
Sincerely,
Patti Berkhahn
Patti Berkhahn
39195 Coulter Ct.
Soldotna, AK 99669
907 394-0008
pgberkhahn@gmail.com
Planning and Zoning Commission 6/27/18 Meeting Packet - Page 150
1
Elizabeth Appleby
From:Lori Moiles <lorimoiles@gmail.com>
Sent:Thursday, June 21, 2018 10:50 PM
To:Elizabeth Appleby
Subject:Kenai River Gravel Pit
I am writing to voice my concern regarding the possible approval to allow the proposed gravel pit near Strawberry Road.
Not only would this endanger the drinking water wells of the nearby residents, it could also infringe upon the wildlife
trails and wetlands in that vicinity. Please protect our Kenai River and prohibit this project!
Sincerely,
Lora Moiles
49160 Tote Road
Soldotna, AK 99669
Planning and Zoning Commission 6/27/18 Meeting Packet - Page 151
6/27/18 Site Visit Map
Planning and Zoning Commission 6/27/18 Meeting Packet - Page 152
ACTION AGENDA
KENAI CITY COUNCIL – REGULAR MEETING
JUNE 20, 2018 – 6:00 P.M.
KENAI CITY COUNCIL CHAMBERS
210 FIDALGO AVE., KENAI, AK 99611
http://www.kenai.city
A. CALL TO ORDER
1. Pledge of Allegiance
2. Roll Call
3. Agenda Approval
4. Consent Agenda (Public comment limited to three (3) minutes per speaker; thirty (30)
minutes aggregated)
*All items listed with an asterisk (*) are considered to be routine and non-controversial
by the council and will be approved by one motion. There will be no separate
discussion of these items unless a council 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.
B. SCHEDULED PUBLIC COMMENTS (Public comment limited to ten (10) minutes per
speaker)
1. Chris Parker, K+A Design Studios and Mark Blanning, Wince-Corthell-Bryson –
Airport Terminal Rehabilitation Project Update
C. UNSCHEDULED PUBLIC COMMENTS (Public comment limited to three (3) minutes per
speaker; thirty (30) minutes aggregated)
D. PUBLIC HEARINGS
1. ENACTED UNANIMOUSLY. Ordinance No. 3024-2018 – Increasing Estimated
Revenue and Appropriations in the General and Airport Special Revenue Funds for
FY2018 Fire Department Overtime in Excess of Budgeted Amounts. (Administration)
2. ENACTED UNANIMOUSLY. Ordinance No. 3025-2018 – Amending Kenai Municipal
Code 14.20.330 – Standards for Commercial Marijuana Establishments and
Amending Kenai Municipal Code Chapter 14.22.010 – Land Use Table, to Prohibit
Standard Marijuana Cultivation Facilities in Residential Zones. (Administration)
3. ENACTED. Ordinance No. 3026-2018 – Authorizing the Sale of Real Property
Described as Lot Six (6) A, Block One (1), Gusty Subdivision, according to Plat 86-76,
City-Owned Airport Property Located Outside the Airport Reserve to Pingo Properties,
Inc. and Geoffrey M. Graves. (Administration)
4. ENACTED. Ordinance No. 3027-2018 – Authorizing the Sale of Real Property
Described as Lot Four (4)A, Block Three (3), Cook Inlet Industrial Air Park Subdivision,
2014 Replat, City-Owned Airport Land Located Outside the Airport Reserve, to
Planning and Zoning Commission 6/27/18 Meeting Packet - Page 153
Schilling Rentals, a Partnership Owned by David and Michael Schilling.
(Administration)
5. ENACTED UNANIMOUSLY. Ordinance No. 3028-2018 – Amending Kenai Municipal
Code 23.25.060 – Overtime, 23.30.050 – Business Hours and Hours of Work, and
23.40.020 – Holidays to Eliminate the Shift Schedule for the Sewer Treatment Plant
Employees. (Administration)
6. ENACTED UNANIMOUSLY. Ordinance No. 3029-2018 – Increasing Estimated
Revenues and Appropriations in the General and Airport Land Sales Permanent
Funds to Transfer Earnings in Excess of Budgeted Amounts to the City’s General and
Airport Special Revenue Fund. (Administration)
7. ENACTED UNANIMOUSLY. Ordinance No. 3030-2018 – Increasing Estimated
Revenues and Appropriations in the Municipal Roadway Improvement Capital Project
Fund by the Proceed Amount from the Sale of Tract A, Dragseth Subdivision 2016
Addition, according to the Official Plat thereof, Under Plat No. 2016-22, Filed in the
Kenai Recording District, Third Judicial District, State of Alaska, including All
Improvements thereon as Previously Approved in Ordinance No. 2957-2017
(Substitute). (Administration)
8. ENACTED UNANIMOUSLY. Ordinance No. 3031-2018 – Amending Kenai Municipal
Code 23.10.020-Unclassified Service, to Allow Greater Flexibility in Certain City
Benefits Received by the City Manager, Attorney, And Clerk, for Purposes of
Recruitment and Retention. (Council Member Molloy)
9. ENACTED UNANIMOUSLY. Ordinance No. 3032-2018 – Increasing Estimated
Revenue and Appropriations in the Water & Sewer Fund tor Utility Costs in Excess of
Budgeted Amounts. (Administration)
10. ADOPTED UNANIMOUSLY AS AMENDED. Resolution No. 2018-33 – Consenting
to the Vacation of Beluga Drive West Right-of-Way and a Fifteen Foot (15’) Utility
Easement within the Proposed Beluga Subdivision 2015 Replat Right-of-Way
Vacation Plat. (Administration)
11. ADOPTED UNANIMOUSLY. Resolution No. 2018-34 – Awarding a Professional
Services Agreement for Ambulance Billing Services to Systems Design West, LLC.
(Administration)
12. ADOPTED UNANIMOUSLY. Resolution No. 2018-35 – Authorizing a One-Year
Extension of a Professional Services Agreement with Boys and Girls Club of the Kenai
Peninsula for Facility Management Services (July 1, 2018 to June 30, 2019) at the
Kenai Recreation Center. (Administration)
13. ADOPTED UNANIMOUSLY. Resolution No. 2018-36 – Authorizing a Budget
Transfer within the General Fund Street Lighting, Buildings, and Boating Facility
Departments for Street Light Repairs in Excess of Budgeted Amounts and Authorizing
a Purchase Order to Legacy Electric in the Amount of $34,000 for Completion of the
Repairs. (Administration)
Planning and Zoning Commission 6/27/18 Meeting Packet - Page 154
14. ADOPTED UNANIMOUSLY. Resolution No. 2018-37 – Awarding an Agreement to
Crowley Fuels, LLC for the Fuel Furnish and Delivery 2018 Invitation to Bid.
(Administration)
E. MINUTES
1. APPROVED BY THE CONSENT AGENDA. *Regular Meeting of June 6, 2018
F. UNFINISHED BUSINESS – None.
G. NEW BUSINESS
1. APPROVED BY THE CONSENT AGENDA. *Action/Approval – Bills to be Ratified.
2. APPROVED UNANIMOUSLY. Action/Approval – Purchase Orders Over $15,000
3. APPROVED BY THE CONSENT AGENDA. *Action/Approval – Special Use Permit
to Alaska Air Fuel for Aircraft Parking on the Apron. (Administration)
4. APPROVED BY THE CONSENT AGENDA. *Action/Approval – Special Use Permit
to HDL Engineering for Soils Test Lab and Equipment Storage. (Administration)
5. APPROVED BY THE CONSENT AGENDA. *Action/Approval – Special Use Permit
to Reddi Towing & Salvage, LLC for an Impound Lot. (Administration)
6. AMENDMENT APPROVED UNANIMOUSLY. *Action/Approval – Amending an
Employment Agreement between the City of Kenai and City Attorney Scott Bloom.
(City Attorney)
7. INTRODUCED BY CONSENT AGENDA/PUBLIC HEARING 07/05/2018.
*Ordinance No. 3033-2018 – Appropriating Transfers for FY2019 Budgeted Capital
Projects in the Public Safety Capital Project Fund, the Kenai Recreation Center
Improvements Capital Project Fund, the Vintage Pointe Manor Capital Project Fund,
and the Water and Sewer Capital Project Fund. (Administration)
H. COMMISSION/COMMITTEE REPORTS
1. Council on Aging
2. Airport Commission
3. Harbor Commission
• Sub-Committee Update
4. Parks and Recreation Commission
5. Planning and Zoning Commission
6. Beautification Committee
7. Mini-Grant Steering Committee
I. REPORT OF THE MAYOR
Planning and Zoning Commission 6/27/18 Meeting Packet - Page 155
J. ADMINISTRATION REPORTS
1. City Manager
2. City Attorney
3. City Clerk
K. ADDITIONAL PUBLIC COMMENT
1. Citizens Comments (Public comment limited to five (5) minutes per speaker)
2. Council Comments
L. EXECUTIVE SESSION – None.
M. PENDING ITEMS – None.
N. ADJOURNMENT
****************************************************************************************************
INFORMATION ITEMS
1. Purchase Orders between $2,500 and $15,000 for Council Review
The agenda and supporting documents are posted on the City’s website at www.kenai.city.
Copies of resolutions and ordinances are available at the City Clerk’s Office or outside the Council
Chamber prior to the meeting. For additional information, please contact the City Clerk’s Office at
907-283-8231.
Planning and Zoning Commission 6/27/18 Meeting Packet - Page 156
144 N. Binkley Street, Soldotna, Alaska 99669 (907) 714-2215 (907) 714-2378 Fax
Office of the Borough Clerk
Assembly Chambers
George A. Navarre Kenai Peninsula
Borough Administration Building
Planning Commission Tentative Agenda
June 25, 2018
7:30 p.m.
A. CALL TO ORDER
B. ROLL CALL
C. APPROVAL OF CONSENT AND REGULAR AGENDA
All items marked with an asterisk (*) are consent agenda items. Consent agenda items are considered
routine and non-controversial by the Planning Commission and will be approved by one motion.
There will be no separate discussion of consent agenda items unless a Planning Commissioner so
requests in which case the item will be removed from the consent agenda and considered in its
normal sequence on the regular agenda.
If you wish to comment on a consent agenda item or a regular agenda item other than a public
hearing, please advise the recording secretary before the meeting begins, and she will inform the
Chairman of your wish to comment.
*1. Time Extension Request
a. S. J. Chapman No. 18 ....................................................................................... 2
KPB File 2012-058
[None/Emmitt & Mary Trimble Joint Revocable Trust UTD]
Location: Anchor Point within Anchor Point APC
*2. Planning Commission Resolutions - None
*3. Plats Granted Administrative Approval............................................................... 8
*4. Plats Granted Final Approval (20.10.040) ........................................................18
*5. Plat Amendment Request - None
*6. Utility Easement Vacations
a. Vacation of the ten foot utility easement adjoining .........................20
the eastern lot line of Lot 2 and Lot 3 Block 3 Mariner
Village Subdivision, granted by Mariner Village
Subdivision (Plat HM 68-657); within Section 16,
Township 6 South, Range 13 West, Seward Meridian,
Alaska, within the Kenai Peninsula Borough. KPB File
2018-045V. Purpose as stated in petition: The owners
recently built a new home on Lot 2 Block 3 and would
like to do landscaping on both properties within the 10'
utility easement. The owners believe this would greatly
Paulette Bokenko-Carluccio
PC Member
City of Seldovia
Term Expires 2018
Syverine Abrahamson- Bentz
PC Member
Anchor Point/ Ninilchik
Term Expires 2019
Cindy Ecklund
PC Member
City of Seward
Term Expires 2020
Robert F. Ernst
PC Member
Northwest Borough
Term Expires 2020
Dr. Rick Foster
Parliamentarian
Southwest Borough
Term Expires 2020
Diane Fikes
PC Member
Kenai City
Term Expires 2019
James Isham
PC Member
Sterling
Term Expires 2018
VACANT
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
Planning and Zoning Commission 6/27/18 Meeting Packet - Page 157
improve the appearance of the lots. The 10' utility
easement on Lot 1 Block 3 was recently vacated.
Petitioners: James L. and Bonnie L. Nelson of Homer, AK.
b. Vacation of the 20-foot wide utility easement adjacent .................32
to the easternmost boundary of Lot 7-K Piper's Haven
2000 (Plat HM 2000-29), granted by Piper's Haven 2000
(Plat HM 2000-29); within Section 30, Township 3 South,
Range 14 West, Seward Meridian, Alaska, within the
Kenai Peninsula Borough. KPB File 2018-055V. Purpose
as stated in petition: The property is being replatted and
the property line adjacent to the utility easement is
being removed. A gravel pit has been developed within
the utility easement. Petitioner: Fredrick Morris of
Homer, AK.
*7. Commissioner Excused Absences
a. Robert Ernst, Northwest Borough
b. James Isham, Sterling
c. Vacant, Ridgeway
*8. Minutes
a. June 11, 2018 Plat Committee Minutes
b. June 11, 2018 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. Vacation of the thirty foot wide right-of-way easement on the ...................40
west thirty feet of the W 1/2 SW 1/4 SE 1/4 SE 1/4 of Section 35,
Township 7 North, Range 12 West, Seward Meridian, KPB, Alaska
as dedicated on the deed recorded in Book 49 Page 168, Kenai
Recording District, Alaska. The right-of-way being vacated is
unconstructed and located within the W 1/2 SW 1/4 SE 1/4 SE
1/4 of Section 35, Township 7 North, Range 12 West, Seward
Meridian, Alaska, within the Kenai Peninsula Borough. KPB File
2018-064V. Purpose as stated in petition: The parcel is being
subdivided. The roadway easement was created in 1967 by deed,
Franco Venuti
PC Member
City of Homer
Term Expires 2019
Paul Whitney
PC Member
City of Soldotna
Term Expires 2020
Max J. Best
Planning Director
Charlie Pierce
Borough Mayor
Planning and Zoning Commission 6/27/18 Meeting Packet - Page 158
but was never constructed. The surrounding parcels have
alternative physical and legal access. The owners' septic leach
field is situated within a portion of the road easement. There is
an overhead electric line situated along the west property line.
Petitioners: Timothy and Lorlie Shield of Kenai, AK.
2. Public hearing on a Limited Marijuana Cultivation Facility ............................56
License application to provide comments to the State of Alaska.
Applicant: Coldsmoke Farms. Parcel Number: 055-081-59.
Property Description: T5N R 11W Section 35 Seward Meridian
KN 0970074 Ashton Park Sub Lot 15 Blk 1. Location: 34669
Commerce St., Soldotna.
G. ANADROMOUS WATERS HABITAT PROTECTION DISTRICT (21.18)
1. Resolution 2018-12; Conditional Use Permit for the construction ..............87
of a 40’ x 24’ principal structure within the Borough’s
Anadromous Waters Habitat Protection District. This project is
located on the right bank of the Kenai River at River Mile 17, Lot
170, Poacher’s Cove Planned Unit Development, Section 19, T5N,
R10W, SM, KN0870069, Soldotna AK. Parcel 057-487-71.
Petitioner: Marcia & Gary Anderson.
2. Resolution 2018-21; Conditional Use Permit to construct ........................... 109
a 8’ x 36’ principal structure within the Borough’s Anadromous
Waters Habitat Protection District. This project is located on the
right bank of the Kenai River at River Mile 17, Lot 88, Poacher’s
Cove Planned Unit Development, Section 19, T5N, R10W, SM,
KN0870069, 45552 Spruce Ave. W. Unit 88, Soldotna AK. Parcel
057-489-17. Petitioner: Evelyn Breazeal
H. VACATIONS NOT REQUIRING A PUBLIC HEARING - None
I. SPECIAL CONSIDERATIONS - None
J. SUBDIVISION PLAT PUBLIC HEARINGS
1. The Plat Committee will review 5 preliminary plats.
K. OTHER/NEW BUSINESS
1. New Plat Committee (July, August, September 2018)
- 5 Members / 2 Alternates
L. ASSEMBLY COMMENTS
M. LEGAL REPRESENTATIVE COMMENTS
Planning and Zoning Commission 6/27/18 Meeting Packet - Page 159
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 Minutes ............................................................... 132
- May 23, 2018
NEXT REGULARY SCHEDULED PLANNING COMMISSION MEETING
< < < Only One Meeting in July > > >
The next regularly scheduled Planning Commission meeting will be held Monday, July
16, 2018 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
ADVISORY
COMMISSION
MEETING
LOCATION DATE TIME
Anchor Point Anchor Point Chamber of
Commerce TBD 7:00 p.m.
Cooper Landing Cooper Landing
Community Hall July 11, 2018 6:00 p.m.
Moose Pass Moose Pass Community
Hall TBD 6:30 p.m.
Hope / Sunrise Hope
Social Hall TBD 6:00 p.m.
CONTACT INFORMATION
KENAI PENINSULA BOROUGH PLANNING DEPARTMENT
Phone: 907-714-2215
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
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.
Planning and Zoning Commission 6/27/18 Meeting Packet - Page 160
144 N. Binkley Street, Soldotna, Alaska 99669 (907) 714-2200 (907) 714-2378 Fax
Office of the Borough Clerk
Assembly Chambers
George A. Navarre Kenai Peninsula
Borough Administration Building
Plat Committee Tentative Agenda
June 25, 2018
6:30 p.m.
A. CALL TO ORDER
B. ROLL CALL
C. APPROVAL OF AGENDA, EXCUSED ABSENCES, AND MINUTES
1. Agenda
2. Member/Alternate Excused Absences
a. Jim Isham, Sterling
3. Minutes
a. June 11, 2018 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. Original Townsite of Kenai Bluff Replat .................................................................... 2
KPB File 2018-057
[Segesser / Latta, Jerry A. Sprague & Patricia Bushman-Sprague 2012
Trust, City of Kenai]
Location: Cook Ave & Broad St, City of Kenai
2. Frost Subdivision ..............................................................................................................50
KPB File 2018-061
[Johnson / Frost]
Location: Prosser St, Caribou Hills area
3. Brewer Subdivision No. 3 ..............................................................................................67
KPB File 2018-062
[Johnson / Maxwell]
Location: west of Brewer Rd, Kalifornsky
MEMBERS
Paulette Bokenko-
Carluccio
PC Member
City of Seldovia
Term Expires 2018
Rick Foster (JUNE ONLY)
PC Member
Southwest Borough
Term Expires 2020
Jim Isham
PC Member
Sterling
Term Expires 2018
Paul Whitney
PC Member
City of Soldotna
Term Expires 2020
ALTERNATES:
Diane Fikes
PC Member
City of Kenai
Term Expires 2019
Virginia Morgan
PC Member
East Peninsula
Term Expires 2019
Franco Venuti
PC Member
City of Homer
Term Expires 2019
Planning and Zoning Commission 6/27/18 Meeting Packet - Page 161
4. Bidarka Heights 2018 .....................................................................................................82
KPB File 2018-058
[Ability / McCubbins]
Location: Highland Dr & Sterling Hwy, City of Homer
5. Foothills Subdivision Sunset View Estates Addition No. 3 ........................... 107
KPB File 2017-086R1
[Ability / Sunset View Estates, LLC, Cabana]
Location: Tajen Lane & Soundview Ave, City of Homer
F. FINAL SUBDIVISION PLAT PUBLIC HEARING
G. OTHER / NEW BUSINESS
H. MISCELLANEOUS INFORMATION – NO ACTION REQUIRED
I. ADJOURNMENT
NEXT REGULARLY SCHEDULED MEETING
< < < Only One Meeting in July > > >
The next regularly scheduled Plat Committee meeting will be held Monday, July 16,
2018 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@kpb.us
web site: http://www.kpb.us/planning-dept/planning-home
Planning and Zoning Commission 6/27/18 Meeting Packet - Page 162
ADD: 6a
6a
6a
...
COMMISSION CHAIR REPORT
JUNE 27, 2018
REGULAR COMMISSION MEETING
SUPPORTING MATERIALS APPED TO PACKET
Letter of Oooosition -Allison Gottesman
Letter of Opposition -Kenai Soi l & Water Conservation District
Letter of Opposition -Bruce Richards and Shanda Hall
REQUESTED
BY:
Administration
Adm inistration
Administration
June 26, 2018
Planning & Zoning Commission
City of Kenai
210 Fidalgo Ave.
Kenai, AK 99611
110 Trld.•& B11 Sllill 160 I J<an1~ Alaskl 99611 I (807) 283·8732 H1 5 I nw b11l111bnd111111 or1
Re: Resolution PZ17-30, Conditional Use Permit for Extraction of Natural Resources at 4905
Silver Salmon Drive
Dear Commissioners,
The Board of Supervisors of Kenai Soil & Water Conservation District concurs with the Staff
Report on Resolution PZ17-30 dated June 21, 2018 and urges you to deny the above-referenced
application for a conditional use permit.
The applicant proposes to extract 500,000 cubic yards of gravel, but the site does not appear
suitable for that purpose. According to the June 12, 2018 report by Taurianen Engineering &
Testing (TE& T), soil conditions encountered at the site were "typical of Salamatof Peat
dominated wetlands," which the USDA Soil Survey describes as "unsuitable as a source of sand
and gravel." TE&T concluded the si te "appears suitable for construction of proposed shallow
ponds."
We are heartened to see, in many comments that have been submitted to the Commission on
this issue, growing recognition that intact wetlands play an essential role in protecting the
natural resource at the heart of Kena i's history, environment, culture, economy and quality of
life: the Kenai River. Wetlands in the Kenai River floodplain moderate water flows and absorb
flood waters, helping to prevent streambank erosion and protect nearby properties. Moreover,
they provide a continuous source of clean, cold, nutrient-rich water essential for healthy
salmon populations.
Kenai Soil & Water Conservation District is not opposed to gravel extracti on in general. In fact,
the District manages the state's Weed-Free Gravel Certification Program locally on behalf of the
Alaska Department of Natural Resources' Plant Materials Center. However, the District's Board
of Supervisors feels strongly that large-scale excavations in the Kenai River floodplain, whether
in search of gr avel or to create man-made lakes, pose unacceptable risks to the river and the
community at-large.
Please vote "no."
June 28, 20 I 8
Jeff Twait, Chairman
Kenai Planning and Zoning Commission
210 Fidalgo Ave.
Kenai , Alaska 99611
RE: PZ 2017-30 Application Conditional Use Permit for Surface Extraction 4905 Silver
Salmon Dr
Dear Mr. Twait:
The purpose of this letter is to inform the Kenai Planning and Zoning Commission (P&Z) of our
opposition for a conditional use permit (CUP) for the proposed gravel pit on Silver Salmon Drive.
We are opposed to the issuance of this petmit based on Title 14 (Planning and Zoning) of the Kenai
Municipal Code. As we are all aware, chapters under this title govern the process for application,
review, public hearing, and is suance of CUP's for surface extraction of natural resources.
Our opposition is not based on emotion. The commission has received ptior opposition
correspondence from our neighbors and us during this nearly yearlong process. We are thankful this
year-long process appears to be coming to an end. Some context about how we heard about this is in
order because it is directly opposite of what has been presented to you by the applicant.
Nearly a year ago , (sometime around this time of year) the applicant called to "let us know" that he
was building a pond at the bottom of his property for swans and geese. We didn 't know that he
owned the large parcel in question for this application. He is a neighbor four driveways down from
us. Because we thought he was talking about the prope1ty his home is on , we told him we didn 't
have a problem. In addition, we thought it would have to be an awful tiny pond at the bottom of his
prope1ty . We had no idea of the magnitude of what he was proposing: A gravel pit that will mine 20
or more acres of land, require thousands of dump-tmck load s to travel our neighborhood and stir up
everyone adjacent to the project. He said he might need a permit but would let us know.
We learned about the actual project, size, location and issue on October l81h when we r eceived an
email from a neighbor which included the filled out application the applicant had submitted.
Below is the narrativ e of our points for opposition:
1. Application Process
We would submit that none of the 7 items required under I4.2 0.151(a) are drawn to scale as
required. This proposed project is for a large gravel pit on 52 acres that affects many people. Our
point is that something with this large of a footprint and impa ct on people should be more than a
map printed from the internet marked up with a sharpie or highlighter. It is not only a disservice to
the commission, but also the public who are trying to understand the propo sa l. The last sentence of
the first paragraph states:
All applications shall (emphasis added) be accompanied by th e following do cuments and
information:
Followed by:
(a) A site plan, drawn to scale, (emphasis added) containing the following:
The section goes on to list seven items under (a).
(1) Graphic (and legal) description of the proposed are4, inclufling dimensions infeet and
number of acres or square feet;
(2) Existing topographical contours with not less than ten-foot (JO') contour intervals;
(3) Proposedfinished topographical contours (when extraction is completed) with not less
than ten-foot (10 ') contour intervals;
(4) Existing and proposed buildings and structures on the site;
(5) Principal access points which will be used by trucks and equipment, including ingress
and egress points and internal circulation, especially the haul road from the public road to
the proposed s ite of th e pit;
(6) Indication of th e existing landscape features , including cleared areas, wooded areas,
streams, lakes, marsh areas, and so forth;
(7) Location and nature of other operations, if any, which are proposed to take place on th e
site.
• Application is not complete
o Missing final contours requested dwing 10/11117 PZ Hearing (Planner memo
6/13/18)
o Three different maps submitted (July 2017 , May 2018, June 2018 "TET Report") all
with different outlines of the proposed gravel pit
• Site Investigation Report by TET more than a month after applicant imposed deadline
• Haul road ingress and egress not clearly identified or to scale. One map has gravel pit going
through existing road (if that is the applicants chosen route), another map has two gravel
pits separated by the driveway.
2. Narrative Statement
The same language applies to the nan-ative statement 14.20.15l(b) as it does to (a). We won't
list them all as we have done above but there are twelve items under this section that shall
accompany the application. We have similar issues with this section as not being addressed or
are vague at best.
14.20.151 (b )(1) Soil surveys with reference to the average year-round water table throughout the
entire acreage. Piezometers may be used to determine an average water depth;
• This has not been addressed clearly in the application and is vague at best. In the applicants
letter to "Whom it may concern" dated July 5, 2017, he states "The water table is close to
the surface." In the June 12, 2018 "Site Invesitgation Report" conducted by Taurianen
Engineering & Testing, it states that the groundwater table was "generally encountered
within a half foot of the s urface in the proposed pond areas." While the report provided
probe logs, what is acceptable? What does this information provide to the commission? We
all know thi s i s a wetland, which means the groundwater cannot be far from the surface.
Could this project reroute the river during a flood and threaten property above?
14.20.151 (b )( 4) Proposed hours of operation;
• The applicant has not provided this information anywhere in the application materials
submitted. In the July 5, 2017 letter referenced above the ap plicant states , "We wi ll work
long hours to complete quickl y ." He has said this will occur over a three-year period.
Imagine you are a neighbor with this project looming on the hori zon and you know from the
application that the excavation is for 500,000 cubic yards to be completed over 3 years (all
info from July 5, 2017 letter) u sing dump trncks (applicant te stimony 10/11/17). Some quick
math will tell you that it will take 139 dump truck loads in a day for 120 days (amount of
time ground is frozen for trucking) for three years.
As "neighbo rs", we can tell you this is not a re sidential quality of life we believe zoning
codes po1tray . This means 12 dump tiucks per hour for 12 hours per day (long hours) of our
entire winter. That is one truck every fi ve minutes. We don 't beli eve yo u can load them that
fast since you cannot stockpile material on the land according to the Army Corps of
Engineers (see letter dated April 26, 2018). This letter states the applicant would u se th e
"one-step method" where excavated material would be placed in upland s. "A permit may be
required if you alta r the method, scope , or location of yo ur propose d wo rk ." The one-step
method as we understand it means, "excavating or dredging the material with a type of
bu cket loader such as a backhoe or tracked excavator. The material mu st be placed directl y
into an enclosed truck b ed such as a dump tru ck and hauled to an approved disposal site."
14.20 . l 5l (b )(5) M ethod o.f f e ncing or barricading the petition area to prevent cas ual access;
• The only area where this is addressed (July 5, 2017 letter) is to say "there is no access to the
site except for lo ng dri ve w ith locked entrance." See i ss uance of p ermit later in this lette r.
14.20.151 (b )(6)(7) Amount and location of natural sc reening provided by trees and vege tation , if
any, between th e property lin es and th e proposed s ite of th e pit;
• The applicant stat es in hi s application under Surroundin g property: (D es cribe how land
adjacent to th e property be ing used)(East) "Resi dences on ridge over property ." ln the
applicant's undated letter (received 9120117 by C ity of Kenai Planning Department) the
a pplicant states: "T hi s s ite cannot be seen from Si lver Salmon Drive." However, h e cmrectl y
stated in the ap plicati o n of what is to the "east" of th e project -our homes . There is no
natural screening. Our homes (i ncluding the applicants) are at 109 feet above sea level (see
attached topo m ap for Kenai Peninsula Borough), The proposed site is at 23.8 fe et above sea
level. We propose that n o a1ti fi c ial or natural screening could obscure the any of the
excavation from sight of roadways and inhabited areas (o ur homes). We w ill di scu ss this
more under Issuance of Permit below. The applicant has proposed zero rutificial screening
as required under 14.20.154(a)(3).
3. Issuance of Permit
14.20.154(a)(l) On th e bas is of th e application with accompanying information, any supplemental
information filed, and such information as may be presented at the public hearing provided for in
this c hapter, the Commission shall make a determination as to whether each of the following
requirements has been met:
(1) The application is in substantial compliance with th e requirements of this chapter;
• We would submit the applicant has not met this bar. We have outlined several reasons above
why we hold this opinion. We will not rehash them here.
14.20.154(a)(3) The buffer strips between th e excavation site and roadways and property lin es
contain sufficient natural screening to obscure the entire excavation from sigh t of roadways and
inhabited areas. If there is not sufficient natural screening, the site plan must provide for artificial
screening;
• The above requirement by itself is reason for denia l of the CPU. There i s no economical
(possibly even physical) way the applicant can screen the "entire operations" of his gravel
pit from the view of residents on the bluff side of Chinook Drive. We are all over eight-six
(86) feet higher than the proposed gravel pit. Trees in our location cannot grow tall enough
for the applicant to screen the pit from our view. That only leaves an option of artificial
screening, which has not been proposed, and obviously would not be economically feasible.
Screening is required (see 14.20.15 l(a)(9)). As required in thi s chapter "the Commission
shall [emphasis added] make a determination as to whether each of the following
requirements (including this section) ha s been met."
14.20.154(a)(8) The extraction does not destroy th e land for the purposes for which it is zoned;
• We would argue that the extraction does in fact destroy the land for which it was zoned. The
proposed gravel pit is hemmed in by the world famous Kenai River on one side and a bluff
with upper-end residential prope11y sitting 80 feet above it (looking down on proposed
project) on the other. Bluff property owners on Chinook Drive paid a premium for their
property (see attached land value map provided by the Kenai Peninsula Borough). As you
can see from this KPB provided document, bluff acreage is valued 3-tirnes or 300% higher
than prope11y without the view of a proposed gravel pit. This would destroy the view and
property value.
If a potential homebuyer was in the market to buy a house with a view, do you think after
the realtor told them a gravel pit that cannot be screened is going to built right in their view-
shed that they would still consider the house? They wouldn't. There will be several people at
the public hearing that don 't want this proposed project for many reasons. The single biggest
is because it will destroy the land below, their view, and property value.
14.20.154( a)(9) The need for the particular natural resource within the City of Kenai outweighs any
detrimental effects th e operation may have on surrounding property owners;
• We do not believe the PZ Commission can make this determination in favor of the applicant.
There is no need within the City of Kenai for this resource that outweighs the detrimental
effects om neighborhood will suffer. Noise, traffic, destroyed view, and loss in property
value. The applicant stated at the 10/11 /17 PZ meeting "We don 't have to do this pond, but
it will make it beautiful." Not a singl e person in any of the impacted neighborhoods (besides
the applicant) believes this will be beautiful. We believe the polar opposite.
14.20.154( a)(l l) Clearing limits shall be delineated on the s ite plan as well as clearly visible onsite
and shall be inspected by the City Planner or designee prior to th e application being deemed
co mplete.
• We have not seen any document that delineates any clearing.
14.20.l 54(c) The p ermit may be expressly conditioned by the Commission upon the er ection C?f
artificial screening. If the permit is so conditioned, the Commission s hall specify th e type of
screening to be erected. Such screening shall obscure the entire extraction operation from view
from any public roadway or inhabited area and shall be compatible with the general character of
the n eighborhood. No extraction of resources ca n take place until the artificial screening provided
for has been erected and approved by the Commission.
• If for some reason the PZ commission determined all requirements had been met (we don 't
believe he has -as outlined in pages above), 14.20.154( c) expressly states that a condition
can be put on a permit for screening. Such screening shall obscure the entire extraction
operation from view from any public roadway or inhabited area... If you went through this
exercise to place a condition on the permit, it would show that it is impossible to screen the
project. Which means the ap plicant couldn't satisfy 14.20.154( a)(3), a requirement to iss ue
the permit in the first place. Our point is the applicant cannot meet the requirements nor do
we believe the commission could come up with a condition for the pennit for screening. It is
an infinite loop with no way to issue a permit.
In closing, we don't believe the applicant has met all of the necessary requirements for the PZ
Conunission to issue a pe1mit as outlined above. We have attached some additional pages that we
believe bolsters our argument for denying the pennit.
Thank you all for yow-service on the commission. You have to make difficult decisions. These
issues pit stakeholders and property owners against each other. We have tiied to assess the project
application by laying the code requirements over it as if we were on the PZ Commission. After
completing that exercise ourselves, we it has fallen short of winning approval for a pe1mit.
Sincerely,
Bruce Richards and Shanda Hall
1320 Chinook Dr
Kenai, Alaska 99611
en c
.Q en
:~
"O
.0
::I en
~
~ a:
~
Q)
.0
0
CHINOOK DRIVE IS 85 FEET ABOVE PROPOSED GRAVEL PIT
(No way to screen this proposed resource extraction operation)
,
I· r. .
I
0
(ii' -Q,)
:J
(')
CD -,,
(l)
(l) --
N
0
8
~
0
8
Elevation (Feet)
Ol
0
8
00
0
8
...
0 0
8
.....
"' 0
0
0
:'CJ --~
" V)
(-\ s.· u-..
~
(\
< \' ,,,_.... -/ (,'
)
0
~
~
.l-
Elizabeth Appleby
From:
Sent:
To:
Subject:
Attachments:
alli son gottesman <agottes71@yahoo.c om >
Tuesday, June 26, 2018 4:19 PM
kap1946@hotmail.com; dmfikes@yahoo.com; rcspringer@gci.n et;
ggreenberg@akmapco.com; ectt@ptialaska.net;
cornerstonecustomhomedesigns@gmail.com; joe@digitsak.com; Henry Knackstedt;
Elizabeth Appleby
application PZ17-30 Application for the conditional use permit for extraction of natural
resources
packet for P&Z .docx
Commissi o n, City Pla nne r, Council Me mber
.\ttachcd a rc m y lcrre rs o f O ppositi o n a nd a nd ema il th a t Lan :rn se nt to us ch e d ay b e for e th e J u n e 13. 20 18
meeti ng. i t al m os t a p pea r s a:> if h e is thn:a tc ni ng hi s ncighbors ... T hank-you fo r ) our considera ti o n .
Alli son Gottesm a n M SW
In volved Consulting & Advising
P.O. Box 1388 So ld o tna AK 99669
(907) 953.0056 agottes7 l @yahoo.com
"The obstacle is the path."
--Zen Saying
June 25, 2018
Kenai Planning and Zoning Commission,
RE: PZ17-30-Application for Conditional Use Permit for Extraction Natural Resources at 4905 Silver
Salmon Drive, Kenai AK 99611
Dear Commissioners,
I reside at 4530 Kenaitze Court Kenai AK. I am writing to express my disapproval to grant the conditional
use permit PZl 7-30 for the extraction of gravel. The area of excavation is on recognized wetlands
bordering the famous Kenai River and three residential subdivision. The property is a 52 plus acre parcel
located on a wetland passageway between the Pillars and Eagle Rock Boat Launch. The intent is to
extract 500,000 cubic yards of gravel.
I have lived on the Kenai Peninsula for almost 24 years and I recently purchased my home (4530
Kenaitze Court) in February 2017. I proceeded with mindfulness when I made such an investment;
looked at convenes, landscape design, neighboring homes, water, septic, drainage, ta xes, and zoning.
Our subdivision is zoned RURAL RESIDENTIAL (and the subsequent lands around my home) and that
factor was a pivotal selling point before I made an offer on my home. My home was built in 1980 and I
have since invested more than $120, 000 in renovations to bring it up to current code, update and
improve. The lot has an exceptional view of the wetlands, the Kenai River, and the mountains across the
inlet. It is this view that captivated my heart and made this house my home.
Although this gravel pit will be on peripheral edge of my view, it will demolished the wetlands and the
pit will have serious consequences to the Kenai River . The wetlands and riparian vegetation are vital to
the health and well-being of OUR Kenai River and all the wildlife that thrive and live there.
The attached information is for your consideration and deliberation to deny this Conditional Use Permit.
Respectfully,
Allison Gottesman
4530 Kenaitze Court
Kenai AK 99611
--------Original Message --------
Subject: Pond
Date : Wed , 13 Jun 2018 06 :11 :37 +0000
From: Lavern Davidhizar <ldavidhizar@hotmail.com>
To: "doug .brown@hubinternational.com" <doug.brown@hubinternational.com>,
"gmhersh@acsalaska.net" <gmhersh@acsalaska .net>, "kchersh@hotmail.com"
<kchersh@hotmail.com>, "ronl@gci.net" <ronl@gci.net>, "smattero@acsalaska .net"
<smattero@acsalaska.net>, "mikemend@me.com" <mikemend@me .com>,
"alaskaproperties@alaska.com" <alaskaproperties@alaska.com>,
"olsen.brent@gmail.com" <olsen.brent@gmail.com>, "brucemrichards@gmail.com"
<brucemrichards@gmail.com>
From: Lavern Davidhizar <ldavidhiza r@hotmail.com >
Sent : Tuesday, June 12, 2018 9 :45 PM
Subject: Pond
Good evening neighbors
I wanted to contact you concerning the misconception about the pond I'm proposing to create below
our properties.
First of all I bought this property before I Move to this community. The plan was to sub divide the land
and build houses . Since I moved to this community and I look at that property I decided a better plan
would be to build a pond and then hopefully trade it or sell it to the conservatory so the land would
never change or be developed.
I have approval from the Army Corps of Engineers and from the Kenai River Center that indicate they
have no objection to my project. I understand there's been a lot of discu ssion about this becoming a
gravel pit which is imposs ible. The groundwater is about 2 feet below the surface. It is impossible to
have a gravel pit that's full of water and still extract gravel. The project will be done in the middle of
winter so we do not damage any roads or property. It may involve 10 to 15 dump trucks and a track hoe.
All the extracted material wi ll be moved off the site or placed on Highland. I have property on the Spur
Hwy that ne ed fill, which is where the material will be placed.
If this is an unacceptable plan I can still change to plan a and subdivide the property and build hou ses.
This will in no way affect the Kenai River .
Th ank you for your cons ideration
La vern Davidhi zar
Sent from my iPhone
I, Allison Gottesman reside at 4530 Kenaitze Court. Top concerns for the application for a conditional
use permit for extraction of natural resources at 4905 Silver Salmon Road .
1. Intended and unintended results to one of our areas greatest natural resource in the
Kenai Peninsula, the celebrated Kenai River. Where the extraction is expected to take
place is on designated wetlands in close proximity to the Kenai River.
2. Who does this project benefit; in the City of Kenai 's Comprehensive Plan, it addresses
the importance of natural resources and value to the City. (ER-7 Preserves and protect
water features such as isolated wetlands, streams corridors, drainage area and riparian
areas for open space and to enhance water quality). This application plan appears to
have value to one person with the potential for numerous disadvantages for the City of
Kenai.
3. The wells and drinking water of three subdivisions located on the bluff properties
overlooking the wetlands and the Kenai River can face potential consequences .
4. Destruction, Obliteration, Blatant Disregard of well-preserved, in-tact, nearly flawless
wetland acreages that is considered view property as well as a refuge, home, haven, and
natural path for an abundant amount of wild life. Namely, Kenai Caribou herd that is
dwindling to extinction.
5. Impending impact to the City of Kenai economics as a resulted of unintended damage to
Kenai River that could impact commercial fishing, sport fishing, and tourism.
6. Issuance of the permit for Surface Extraction of Natural Resources
• On the basis of the application with accompanying, any supplemental
information filed, and such information as may be presented at the public
meeting provided for this chapter, the Commission shall make a determination
as to whether each of the following has been met:
• The Buffer strips between the excavation site and the roadways and property
lines contain sufficient natural screening to obscure the entire excavation from
sight of the roadways and inhabited areas. If there is not sufficient screening,
the site plan must provide for one .
• In the proposal submitted by Laverne Davidhizar he stated that screening would
not be necessary; thu s he submitted no plan to the Commis sion . Due to the
elevation of the residences overlooking the wetlands it is not possible to screen
the project even if he was inclined.
"Working together .. .for the river"
City of Kenai
Planning and Zoning Commission
210 Fidalgo Ave
Kenai , AK 99611
June 22 , 2018
Re : Proposed Gravel Extraction at 4905 Silver Salmon Drive
Dear Mr. Kelley,
Please be informed that the Kenai River Special Management Area Advisory Board restates its
concerns regarding the advisability of the subject permit. On October 19 , 2017, the Advisory
Board sent a letter to the Planning and Zoning Commission expressing concern over the
probable adverse impacts this development would have on the Kenia River. In that letter, we
encouraged the Commission to thoroughly investigate the impact of water quality , pollution ,
habitat damage and other adverse effects which we believed will be caused by this project.
In reviewing the file, we do not believe the potential for ponds becoming part of the Kenai River
through erosion , flooding and river natural realignment has been accorded any weight. After all ,
the extraction site is very close to the Kenai River and natural flooding and unstable soils
conditions need to be considered . Accordingly , we ask the Commission to deny the subject
permit subject to proper engineering and consideration of the probable adverse impacts.
VeryTrulyY~ Ted ~n
President of the KRSMA Board .
Kena i Area Office, PO Box 1247, Soldotna , AK 99669, 907 -262-5581
Ken ai Peninsula Borough , 144 N. Bi nkley, Soldotna , AK 99669 907-262-4441
G ilman Riv er Center 514 Funny Ri ver Road , Soldotna, AK 99669, 907 -260-4882
Alaska Division of Parks and Outdoor Recreation, Department~tural Resources, in cooperation with the Kenai Peninsula Borough
KENAl<l.\!ER
C. l N T ( R
RECLAMATION
Managing Water in the West
Rehabilitation of Floodplain Mining
Pits: Interim Report Detailing Initial
Plans and Procedures .
Bureau of Reclamation Science and Technology Interim Report
Technical Service Center, Denver, CO
U.S. Department of the Interior
Bureau of Reclamation
Technical Service Center
Denver, CO September 2005
.01'>~ ~" "'"4 \.v
S'~ ~ f4u :·-, IY--..
""-'\ i,._ ......... !'... .. '.
Impacts of Floodplain Mining
When mining pits are dug in the active floodplain, dikes and levees are often
constructed to discourage the interaction of the river with the pit. This action
disconnects the river from the floodplain and narrows the river corridor increasing
local velocity and depth. An increase in velocity and depth creates a condition of
higher stresses that in turn can cause channel incision, increase of bed material
size, bed armoring, and increased bed and bank erosion. The combination of
increased depth and velocity and loss of floodplain increases risk of flood
damage. Preventing flood flows from accessing the floodplain prohibits
temporary storage of flood waters, and instead confines the flow to the main
channel, thus increasing its stage. In many cases, dikes and levees separating the
pits from the river are constructed using material excavated from the pit, which
consists of fluvial material capable of being dislodged and transported by high
flows. In the case of some of the pits on the Y ak:ima River near Yakima, it was
determined that the dike or levee material could be mobilized by flows associated
with a 10-year return period (Dunne and Leopold, 1978). This creates a
precarious situation, elevating the potential for unintended channel avulsion when
the river is captured by pit the during channel migration. If there is a channel ·-i
avulsion into a pit, an upstream migrating nickpoint can form as the river
readjusts its grade (documented for the capture of the Selah Pits in Norman et al.,
1998). The pit essentially becomes a sediment trap, perhaps for decades or
longer, significantly affecting river in the area of the pit by potentially causing
channel incision or increased bank erosion (Kondolf et al., 2002).
Another important consideration is the proximity of the pits to each other. When
a mining pit captured the Rogue River in Oregon, nearby pits were placed at
greater risk of avulsion due to the change in the course of the newly formed
channel (Schnitzer, 2004). Table I lists some of the potential effects that
floodplain mining pits may have on the river. Not included in this list are the
potentially significant impacts on nearby infrastructure such as roads, bridges,
water and wastewater treatment plants, and irrigation works. Irrigation diversions
that are not dependant on dams or grade control can be severely impacted when a
channel becomes incised or migrates away from a diversion. Several diversions
of this type exist in the Y ak:ima Basin.
Habitat complexity is also lost when a river is channelized, which forms a narrow,
uniform, high velocity channel where most of the habitat is not beneficial to
native aquatic species (Brookes, 1989). Natural processes such as channel
migration, bar building, accumulation of woody debris , development of side
channels and floodplain interaction can no longer take place . Side channels have
been shown to be ecologically important to the survival of s almonid species (Rin g
and Watson , 1999, Brown et al., 1998, Weigand, 1991). Side channels that
remain connected following the construction of a mining pit can be dewatered
during mining operations as ground water elevations decrease when water is
pumped from the pit (Kondolf et al., 2002).
2
Table 1: Summary of potential impacts caused by floodplain gravel pit capture
(taken from Grindeland and Hadley, 2003)
Elements of Nature oflmpact
Avulsion Upstream Local Downstream
• Incision of channel • Alluvial fan development • Increased lateral
Geomorphic • Increased gradient • Reshaping of pits migration
Characteristics • Coarsening of bed • Loss of natural channel • Increased channel
• Undercutting and geometry width
erosion of banks • Increased open water area
• +/-lateral
miirration rates
• Increased sediment • Deposition of sediment • Reduced sediment
Sediment transport capacity pits supply
Transport • Reduction in bed • Short-term increase in • Erosion of bed
load deposition turbidity • Coarsening of bed
• Erosion of gravel pit • Increased bank
banks erosion
• Short tenn increase in
fine sediment suooly
• Increased slope • Decreased slope • Increased bed
Hydraulics • Increased • Increased channel depth roughness
velocities • Increased channel width
• Decreased normal • Reduced bed reoughness
depth
• Increased bed
roughness
• Increased flood storage • Reduction of flood
Hydrology • Increased evaporation levels
• Altered groundwater flow • Attenuation of flood
patterns peaks
• Changes in summer
low flows
• Lower riparian
groundwater levels
due to bed lowering
• Temperature increase • Temperature increase
Water Quality • Short-term increase in • Short-term increase in
turbidity turbidity
• Alteration ofhyporheic
zone
• Habitat disruption • Conversion of free • Habitat disruption or
Aquatic or loss due to flowing habitat to still loss due to erosion of
Habitat channel incision water habitat bed
• Potential • Potential capture of fish • Habitat Joss due to
conversion of following floods altered sediment
habitat • Potential release of non-supply
type/quality native species from • Potential conversion
• Short and long captured pit(s) habitat type/quality
term habitat • Alteration ofhyporheic • Abort and long term
instability zone habitat instability
• Short and Jong term
habitat instability
3