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Home My WebLink AboutResolution No. PZ2018-19CITY OF KENAI PLANNING & ZONING COMMISSION RESOLUTION PZ2018-19 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION RECOMMENDING TO THE COUNCIL OF THE CITY OF KENAI, ALASKA, TO AMEND KENAI MUNICIPAL CODE SECTIONS 14.2 0 .151-APPLICATION FOR CONDITIONAL USE PERMIT FOR SURFACE EXTRACTION OF NATURAL RESOURCES AND 14.20 .154-ISSUANCE OF PERMIT FOR SURFACE EXTRACTION OF NATURAL RESOURCES . WHEREAS , the Planning and Zoning Commission recommends increasing standards for surface extraction permits to ensure quality applications in desirable locations ; WHEREAS, quality site plans are necessary to evaluate an application for surface extraction of natural resources ; WHEREAS, the 2016 City of Kenai Comprehensive Plan states objectives to protect the Kenai River and dunes; WHEREAS , a ll permitted gravel pits are outside of th e current effective Flood In su rance Rate Map panels for the City of Kenai , and th e Planning and Zoning Commission recommends new app li cat ion s for gravel pits continue to be located outside of the floodplain ; NOW, THEREFORE , BE IT RECOMMENDED TO THE COUNCIL OF THE CITY OF KENAI, ALASKA, THAT Section 1. That a n Ordinance be enacted to amend Kenai Municipal Code sections 14.20 .151 as follows : A . 14.20.151 Application for Conditional Use Permit for Surface Extraction of Natural Resources. An application for a Co nditional Use Permit to engage in the surface extraction of natural resources s hall be in writing on a form supplied by the City of Kenai and shall be filed with the City Planner, along with the appropriate fee as set forth in the City 's schedule of fees adopted by the City Council. All applications sha ll be accompan ied by the following docu ments and information : (a) A site plan , drawn to scale and certified by the appropriate profes s ional di sc ipline, such as a professional engineer. hydrologist. or registered land surveyor, containing the following : (1) Graphic (and legal) description of the proposed area, including dimensions in feet and number of acres or square feet; (2) Existing topographical contours with not less than te n-foot ( 1 O') contour intervals ; Resolution No . 2018-19 Page 2 of 5 (3) Proposed finished topographical contours (when extraction is completed) with not less than ten-foot ( 1 O') 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 site of the pit; (6) Indication of the existing landscape features, including cleared areas , wooded areas, streams, lakes, marsh areas, and so forth; (7) Verification that the proposed surface extraction is outside of the 1 % Annual Chance Flood Zone (100-yearfloodplain), 0.2% Annual Chance Flood Zone (500-year floodplain), or high-hazard coastal areas as indicated Append ix 1; (8) Location and nature of other operations, if any, which are proposed to take place on the site. (b) A narrative statement containing the following information : (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; (2) Estimated amount of material to be removed from the site over the entire period of operation; (3) Estimated length of time to complete the operation, or, if the pit is to be operated on a continuing basis, a statement to that effect; ( 4) Proposed hours of operation; (5) Method of fencing or barricading the petition area to pre vent casual access ; (6) Amount and location of natural screening provided by trees and vegetation, if any, between the property lines and the proposed site of the pit; (7) Plans , if any, to construct artificial screening; (8) Description of operations or processing which will take place on the site during and after the time the material is extracted; (9) Plan or program for regrading and shaping the land for future use ; (10) Method of backfilling and/or replacing topsoil ; (11) Proposed future use of the land after resources are extracted , including a proposed development plan showing location of houses, parks , lakes, etc.; (12) Other information which may pertain to the particular site. Resolution No. 2018-19 Page 3 of 5 (c) Proof that the applicant has obtained or is eligible to obtain the necessary licenses required by state or federal agencies . (d) Proof that the applicant is the owner of the subject property. B . 14.20.154 Issuance of Permit for Surface Extraction of Natural Resources. (a) On the basis of the application with accompanying information, any supplemental information filed, and such information as may be presented at the public hearing provided for in this chapter, the Commission shall make a determination as to whether each of the following requirements has been met: (1) The application is in substantial compliance with the requirements of this chapter; (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 sites are not required to maintain the above one hundred fifty feet (150') excavation between sites; (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 surface extraction is outside of the 1 % Annual Chance Flood Zone ( 100-year floodplain), 0.2% Annual Chance Flood Zone (500-year floodplain), or high-hazard coastal areas as indicated Appendix 1. ([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]1) 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; ([8m) The extraction does not destroy the land for the purposes for which it is zoned; ([9]10) 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]11) The applicant is the owner of the subject property; Resolution No . 2018-19 Page 4 of 5 ([11).12.) Clearing limits shall be delineated on the site plan as well as clea rly visible onsite and shall be inspected by the City Planner or designee prior to the application being deemed complete. (b) If the Commission determines that all requirements have bee n met, the Commiss ion shall direct the City Planner to issue a Conditional Use Permit to the applicant. The permit shall be issued for an indefinite period and shall be subject to the provisions of this chapter, and shall so state. (c) The permit may be expressly conditioned by the Commission upon the erection of artificial screening . If the permit is so conditioned, the Commission shall specify the type of screening to be erected. Such screening shall obscure the entire extraction operation from view from any public roadway or inhabited area and shall be compatible with the general character of the neighborhood . No extraction of resources can take place until the artificial screening provided for has been erected and approved by the Commission. ( d) Appeals from decisions of the Commission under this section shall be made in accordance with the provisions of this chapter. C. Appendix 1 D 1% Annual Chance Flood Zone (100 Year Floodplain) 0.2% Annual Chance Flood Zone (500 Year Flood plain) Resolution No. 2018-19 Page 5 of 5 Section 2. That a copy of this Resolution be forwarded to the City Council of Kenai upon passage. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA this 22"' day of August, 2018. ~ IT , CHAIRPERSON ATTEST: