HomeMy WebLinkAboutResolution No. PZ2017-30CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION NO. PZ17-30
CONDITIONAL USE PERMIT
A RESOLUTION OF THE PLANNING AND ZONING COMMISS ION OF THE ITY OF KENAI
GRANTING A REQUEST FOR A CONDITIONAL USE PERMIT FOR TH CONST RUCTION
AND OPERATION OF A GRAVEL PIT FOR THE EXTRACTION OF N7 TU 'AL RESOURCES.
APPLICANT: Lavern Dav idhizar
ADDRESS: 1240 Chinook Drive, Kenai, Alaska 99611 I
PROPERTY ADDRESS: 4905 Silv er Salmon Drive i
LEGAL DESCRIPTION: Portion of Government Lots 1 and ~ 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 I
KENAI PENINSULA BOROUGH PARCEL NUMBER: 0493713
WHEREAS, the City of Kenai Planning and Zon,{commission
1. That an application meeting the req~irtents of Se ·ont' 1 .20.151 , 14.20.152, 14.20.154,
and 14.20.155 of the Kenai Mun icip/ ode has1:>ee s t.lJ itted ;
2. This request is located on land z/ed as Rural Reside tial.
3 . That a duly advertised public ~ring as r quir Ken a i M un ici pal Code 14.20.153 w as
conducted by the Commission on June 27, 0 .
4. Th e Planning and Zoning rlmission ha fo d that the applicant has demonstrated with
plans and other do c um ;lt ~'.'and has fo · nd ~~ are a prerequisit e to iss uan c e of a
Conditional Use Permit/ave been met, as follo '\j
CONDITIONAL USE PERrliT FINDINGS
Kenai Municipal Code ( C) 14.20.154 details the intent and appli catio n pro cess for the issuan ce
of a Conditional Use P rm it for the Surface Extraction of Natura l Resources . T he code specifies
that based on the s mitted Conditiona l Use Permit applicatio n , site plan, a nd suppleme nta l
information , the Co ission shall make a determination as to wh ethe r each of the below findings
have been satisfie prior to the issuance of the permit. The criteria fo r the find ings are :
1.
2.
The app, ication is in substantial compliance with the requirements of this chapter.
The t; undaries of the proposed excavation at it greatest dimensions, including
bac!f slopes, are at least two hundred feet (200') from any public right-of-way and
east one hundred fifty feet (150 ') from other surrounding property lines, except
t adjoining permitted surface extraction of natural resources sites are not
required to maintain the above one hundred fifty feet (150 ') ex cavation between
sites.
Resolution No . 2017-30
Page 2 of 3
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 Jake 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. Pri or to commencement of extracti on 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 recl amation plan submitted to the State of A la ska
shall be provided to the City of Kenai.
2. Prior to commencement of construct ion 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 approva l prior to constru ction.
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 co mm encement of construction and extraction of natural resources , the app lica nt
will submit his hours of operatio n to the City for approval.
5 . There sha ll 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 ext raction.
6 . Material extraction site shall be limited to 500,000 cubic yards
7. Applicant sha ll file an annual report for the Conditional Use Perm it as set forth in Kenai
Re soluti on No . 2017-30
Page 3 of 3
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 EX TRACTION OF NATURAL
RESOURCES MEETS THE CONDITIONS REQUIRED FOR SAID OPERATION AND
THEREFORE THE COMMISSION DOES AUTHOR IZE 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
ATIEST :
Jamie Heinz, City Clerk