HomeMy WebLinkAboutResolution No. PZ2019-12"Vt1/tl.je with a Pas~ City with a Future"
210 Fidalgo Avenue, Kenai, Alaska 99611-7794
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CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION NO . PZ2019-12
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI
GRANTING A REQUEST FOR A TRANSFER OF CONDITIONAL USE PERMIT FOR
SURFACE EXTRACTION OF NATURAL RESOURCES TO:
NAME: BMGC , LLC
USE: SURFACE EXTRACTION OF NATURAL RESOURCES
LOCATED : TRACT 3, JAYNES SUBDIVISION BIG MIKES ADDITION
KENAI PENINSULA BOROUGH PARCEL NO : 04935012
WHEREAS, the Commission finds:
(1) That an application meeting the requirements of Sections 14 .20.150(i)(5) and
14.20.157 has been submitted to the City of Kenai on March 13, 2019; and ,
(2) This request is on land zoned as Heavy Industrial; and,
(3) The applicant would not change the use of the property; and,
( 4) The transferor has complied conditions of the existing perm it; and ,
(5) The transferee will comply with conditions of the existing permit.
NOW, THEREFORE , BE IT RESOLVED, BY THE PLANNING AND ZONING COMMISSION
OF THE CITY OF KENAI, ALASKA, THAT THE CONDITIONAL USE PERMIT FOR MICHAEL
S. BROWN FOR SURFACE EXTRACTION OF NATURAL RESOURCES BE TRANSFERRED
TO BMGC, LLC, SUBJECT TO THE FOLLOWING CONDITIONS :
(1) Further development of the property shall conform to all federal , State of Alaska, and
local regulations.
(2) Applicant shall obtain all necessary State of Alaska and federal permits .
(3) The applicant shall maintain a non-climbable 6 foot high fence along Childs Avenue as
shown on the approved site plan .
Resolution PZ2019-12
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(4) The only processing of material that shall take place on the subject site is screen ing .
There shall be no crushing of material or operation of a concrete or aspha lt p lant on the
subject site .
(5) Material extraction site shall be limited to 3-acres in size and shall be located on the
subject site as shown on the approved site plan . Any future _ expansion beyond 3 acres of
the material extraction site shall require the modification of the Conditional Use Permit.
(6) There shall be no extraction of Natural Resources beyond the ground water table.
(7) Hours of operation shall be 8 am to 8 pm for the moving of materials .
(8) Applicant shall file an annual report for the Conditional Use Permit as set forth in Kenai
Municipal Code 14.20.155.
(9) Applicant shall employ the use of dust control measures to ensure the material site and
Childs Avenue remain dust free. Dust control shall include the daily use of a water truck
and placement of Calcium Chloride on Childs Avenue. A water truck shall also be used
to control dust from the working face of the Gravel Pit.
(10) If there is a change of use for the above described property a new Cond itional Use
Permit must be obtained, pursuant to 14.20 .150(i)(5).
(11) Applicant shall operate within the setbacks granted by variance permit PZ15 -1 1, which
are an 80 -foot setback from the centerline of Child 's Avenue , 50 feet from the western
and eastern property lines , and 15 feet from the southern property l ine.
PASSED BY THE PLANNING AND ZON ING COMMISS ION OF THE CITY OF KENAI,
ALASKA, this 8th day of MAY, 2019.
Res olution PZ2019 -12
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