HomeMy WebLinkAbout2019-05-08 Planning & Zoning PacketAGENDA
KENAI PLANNING & ZONING COMMISSION – REGULAR MEETING
MAY 8, 2019 - 7:00 P.M.
KENAI CITY COUNCIL CHAMBERS
210 FIDALGO AVENUE, KENAI, ALASKA
www.kenai.city
A Work Session will be held prior to the general meeting
from 5:30 p.m. to 6:45 p.m. to discuss amending Kenai
Municipal Code 14.20.220 – Signs
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. April 24, 2019 .............................................................................................................. 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 - None
7. UNFINISHED BUSINESS - None
8. NEW BUSINESS
a. Resolution PZ2019-12 – Application for Transfer of Conditional Use Permit PZ15-10 for
the Operation of a Gravel Pit for Extraction of Natural Resources, from Michael S.
Brown, Transferor, to BMBC, LLC, Transferee, located at 601 Childs Avenue, Kenai,
____________________________________________________________________________________
AGENDA
KENAI PLANNING & ZONING COMMISSION – REGULAR MEETING
MAY 8, 2019 - 7:00 P.M.
Page 2 of 2
Alaska 99611; further described as Tract 3, Jaynes Subdivision Big Mikes Addition….5
9. PENDING ITEMS - None
10. REPORTS
a. City Council ……………………………………………………………………………………25
b. Borough Planning – None (next meeting to be held on May 13, 2019)
c. Administration
11. ADDITIONAL PUBLIC COMMENT
(Public comment limited to three (3) minutes per speaker; thirty (30) minutes aggregated)
12. INFORMATIONAL ITEMS
a. TRASHercise Lunches 2019 ...……………………………………………………………….29
13. NEXT MEETING ATTENDANCE NOTIFICATION – May 22, 2019
14. COMMISSION COMMENTS AND QUESTIONS
15. ADJOURNMENT
KENAI PLANNING & ZONING COMMISSION
REGULAR MEETING
APRIL 24, 2019 – 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 D. Fikes, R. Springer, G.
Greenberg, J. Halstead, V. Askin
Commissioners absent: T. McIntyre
Staff/Council Liaison present: City Planner E. Appleby, Deputy Clerk J. LaPlante, Planning
Dept. Assistant W. Anderson, Council Liaison B. Molloy
A quorum was present.
c. Agenda Approval
MOTION:
Commissioner Springer MOVED to approve the agenda as presented and Commissioner
Halstead SECONDED the motion. There were no objections; SO ORDERED.
d. Consent Agenda
MOTION:
Commissioner Askin MOVED to approve the consent agenda include the excused absence of
Commissioner McIntyre and Commissioner Halstead SECONDED the motion. There were no
objections; SO ORDERED.
*All items listed with an asterisk (*) are considered to be routine and non-controversial by the
Commission and will be approved by one motion. There will be no separate discussion of
these items unless a Commission Member so requests, in which case the item will be
removed from the Consent Agenda and considered in its normal sequence on the agenda
as part of the General Orders.
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e. *Excused absences – T. McIntyre
2. *APPROVAL OF MINUTES
a. March 27, 2019
b. April 10, 2019
The minutes were approved by the Consent Agenda.
3. SCHEDULED PUBLIC COMMENT – None.
4. UNSCHEDULED PUBLIC COMMENT – None.
5. CONSIDERATION OF PLATS – None.
6. PUBLIC HEARINGS
a. Resolution No. PZ2019-13 – Amending Kenai Municipal Code 14.20.320 – Definitions
- 14.20.330 – Standard for Commercial Marijuana Establishments and 14.22.010 –
Land Use Table, to Incorporate Onsite Consumption of Marijuana at Retail Marijuana
Establishments into the City of Kenai’s Code of Ordinances
MOTION:
Commissioner Fikes MOVED to approve Resolution No. PZ2019-13 and Commissioner Askin
SECONDED the motion.
The City Planner reviewed the staff report that was provided in the packet, noting the proposed
new definition category with conditional use permits and an onsite consumption endorsement. It
was further noted that only marijuana stores may obtain an onsite consumption endorsement. It
was added that there were currently four permitted marijuana stores operating in the City of Kenai.
City Staff advised the Commission that passage of Resolution No. PZ2019-13 would recommend
approval of Ordinance No. 3056-2019 to the Kenai City Council.
Chair Twait opened the floor for public testimony. There being no one wishing to be heard, public
comment was closed.
The City Attorney clarified that per the State of Alaska regulations the allowable onsite
consumption products were limited to edibles and the plant product for inhalation.
The Commission discussed potential limitations on the hours of operations for onsite
consumption.
MOTION TO AMEND:
Commissioner Springer MOVED to amend the Resolution to include a limitation of hours of
operation of onsite consumption; Commissioner Greenberg SECONDED the motion.
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VOTE ON THE AMENDMENT:
YEA: Fikes, Springer, Askin, Greenberg, Twait, Halstead
NAY:
MOTION PASSED UNANIMOUSLY.
VOTE ON THE MAIN MOTION AS AMENDED:
YEA: Greenberg, Halstead, Springer, Fikes, Askin, Twait
NAY:
MOTION PASSED UNANIMOUSLY.
7. UNFINISHED BUSINESS – None.
8. NEW BUSINESS – None.
9. PENDING ITEMS – None.
10. REPORTS
a. City Council – Council Member Molloy reviewed the action agenda from the April 17
City Council Meeting and specifically noted the informative presentation on the History
of Kenai Local Food Connection; a budget work session was on April 18 to review and
discuss the FY20 Proposed Budget; and the evaluations of the City Manager, Attorney
and City Clerk were on April 23.
b. Borough Planning – Vice-Chair Fikes reported the Commission met on April 22,
approved four plats, a vacation of easement in Seldovia, and a resolution for an
application of a conditional use permit for two bridges in the habitat protection district
and improvement of Windy Bay Road of the Katchemak Bay area. She added there was
special consideration for building setback in the Longmere Subdivision; a consideration
of a motion to amend after adoption for a continuation of a hearing date for a conditional
land use permit application for materials site extraction; and the Materials Site Plan
Working Group was moving forward.
c. Administration – City Planner Appleby reported on the following:
The FY20 budget for Planning and Zoning was reviewed by Council on April 18; and
The current Code enforcement activity in Kenai.
11. ADDITIONAL PUBLIC COMMENT – None.
12. INFORMATIONAL ITEMS – None.
13. NEXT MEETING ATTENDANCE NOTIFICATION – May 8, 2019
The City Planner noted there would be a Sign Code work session prior to the next regular meeting.
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14. COMMISSION COMMENTS & QUESTIONS
Commissioner Halstead thanked Administration for their hard work.
Commissioner Springer noted interest in having the onsite alcohol consumption locations also in
the Kenai Code.
15. ADJOURNMENT
There being no further business before the Commission, the meeting was adjourned at 8:10 p.m.
Minutes prepared and submitted by:
____________________________
Jacquelyn LaPlante
Deputy City Clerk
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STAFF REPORT
To: Planning & Zoning Commission
Date: May 2, 2019
Subject: Resolution PZ2019-12 – Transfer of Conditional Use Permit from Michael S. Brown,
Transferor, to BMGC, LLC, Transferee
Applicant:BMGC, LLC
230 Main Street Loop
Kenai, AK 99611
Requested Action: Transfer of Conditional Use Permit PZ15-10
Legal Description:Tract 3, Jaynes Subdivision Big Mikes Addition
Property Address:601 Childs Avenue
KPB Parcel No:04935012
Lot Size:387,684 square feet (8.9 acres)
Existing Zoning:Heavy Industrial (IH)
Current Land Use: Surface Extraction of Gravel
Land Use Plan:Industrial
GENERAL INFORMATION
Michael S. Brown holds a conditional use permit to operate a gravel pit located at 601 Child
Avenue, The City has received an application to transfer the permit to BMGC, LLC. The gravel pit
is located with the Heavy Industrial (IH) Zone of the City.
Application, Public Notice, Public Comment
On March 13, 2019, the transferee, BMGC, LLC, submitted an Application for Transfer of
Conditional Use Permit to follow Kenai Municipal Code (KMC) 14.20.158(a) requiring an
application for transfer in writing.
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City staff published notice of the application in the Peninsula Clarion. No public comments have
been received as of May 2, 2019.
ANALYSIS
On May 27, 2015, the Planning and Zoning Commission passed Resolution PZ15-10 for the
construction and operation of a gravel pit for the extraction of natural resources. The permit was
issued to Greg Duggin and Tom Reece. Michael Brown operated the gravel pit owned by Greg
Duggin and Tom Reece under the permit issued by Resolution PZ15-10.
The property was conveyed to Michael S. Brown on March 15, 2016, and Mr. Brown submitted
an Application for Transfer of Conditional Use Permit. On May 25, 2016, the Planning and Zoning
Commission reviewed the application and passed Resolution PZ16-14 transferring Conditional
Use Permit PZ15-10 to Michael S. Brown. Mr. Brown has filed annual reports for 2016, 2017,
and 2018, pursuant to Kenai Municipal Code 14.20.150(f). He is current with obligations due the
City of Kenai and the Kenai Peninsula Borough.
Kenai Municipal Code (KMC) 14.20.150(i)(5) states the following on transfers of conditional use
permits:
KMC 14.20.150(i)(5) Transferability. A Conditional Use Permit is not transferable
from one (1) parcel of land to another. Conditional Use Permits may be transferred
from one (1) owner to another for the same use, but if there is a change in use on
the property, a new permit must be obtained.
The following text for KMC 14.20.157(a) is specific to transfers of conditional use permits for
surface extraction:
KMC 14.20.157(a) Amendment or transfer. No Conditional Use Permit issued
hereunder shall be transferred until the proposed transferee has made application
for transfer in writing filed with the administrative official, which application shall
state that he intends to be bound by the plan and statements contained in the
application of the permit holder or shall contain the amendments to the plan his
proposed operation would mandate. The Commission shall approve the
application for transfer and in so doing amend the site plan and statements if such
amendments as are contained in the application for transfer would have been
approved had they been contained in the original application.
BMGC, LLC provided information to the City showing they meet current conditions of PZ16-14
and would continue to operate under the terms and conditions of the PZ16-14 and the original
Conditional Use Permit PZ15-10. The following reviews the existing conditions of the permit to be
transferred:
a. Applicant must comply with all Federal, State and local regulations.
The transferor has complied with government regulations and the transferee would
continue to operate under this condition.
b. Prior to commencement of extraction of Natural Resources, Applicant shall
obtain all necessary State and Federal Permits.
The transferor has obtained necessary permits and the transferee would continue to
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operate under this condition.
c. Prior to commencement of construction and extraction of Natural Resources,
Applicant shall be required to construct a non-climbable 6 foot high fence as shown
on the approved site plan along Childs Avenue.
The transferor has built this fence and this condition should be amended to state the
transferee would maintain the fence.
d. The only processing of material that shall take place on the subject site is screening.
There shall be no crushing of material or operation of a concrete or asphalt plant on the
subject site.
The transferor has met this condition and the transferee would continue to operate
under this condition.
e. 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.
The transferor has met this condition and the transferee would continue to operate
under this condition.
f. There shall be no extraction of Natural Resources beyond the ground water
table.
The transferor has met this condition and the transferee would continue to operate
under this condition.
g. Hours of operation shall be 8 am to 8 pm for the moving of materials.
The transferor has met this condition and the transferee would continue to operate
under this condition.
h. Applicant shall file an annual report for the Conditional Use Permit as set forth in
Kenai Municipal Code 14.20.155.
The transferor has met this condition and the transferee would continue to operate
under this condition.
i. Prior to recording the Plat (PZ15-13), the applicant shall submit an application to the
City of Kenai, Planning and Zoning Division for a Transfer of the Conditional Use Permit
for the Gravel Pit (PZ15-10).
The transferor has met this condition. As this condition would not longer apply to the
transferee, it should be deleted.
j. 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.
The transferor has met this condition and the transferee would continue to operate under
this condition.
k. If there is a change of use for the above described property a new Conditional Use
Permit must be obtained, pursuant to 14.20.150(i)(5).
The transferor has met this condition and the transferee would continue to operate under
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this condition.
The conditional use permit for surface extraction was approved along with a separate resolution
that granted variance permit with PZ15-11. Normally, KMC 14.20.154(a)(2) requires:
The boundaries of the proposed excavation at its greatest dimensions, including
backslopes, 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
is not required to maintain the above one hundred fifty feet (150') excavation
between sites.
The variance granted a setback of 80 feet from the centerline of Child’s Avenue (normally 200
feet from any road is required), 50 feet from the west and east property lines (normally 150 feet
required), and 15 feet from the southern property line (normally 150 feet required). The applicant
verified these distances were met by the current extract. I recommend adding a condition to the
transfer of conditional use permit for surface extraction that the transferee continue to operate
within the buffer distances granted by the variance permit in PZ15-11.
RECOMMENDATIONS
The transfer of conditional use permit for surface extraction meets the requirements of Kenai
Municipal Code 14.20.150(i)(5) and 14.20.157(a). City staff recommends approval of the transfer
of Conditional Use Permit PZ15-10 (PZ16-14), subject to the following conditions:
a. Further development of the property shall conform to all federal, State of Alaska, and local
regulations.
b. Applicant shall obtain all necessary State of Alaska and federal permits.
c. The applicant shall maintain a non-climbable 6 foot high fence along Childs Avenue as
shown on the approved site plan.
d. The only processing of material that shall take place on the subject site is screening. There
shall be no crushing of material or operation of a concrete or asphalt plant on the subject
site.
e. 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.
f. There shall be no extraction of Natural Resources beyond the ground water table.
g. Hours of operation shall be 8 am to 8 pm for the moving of materials.
h. Applicant shall file an annual report for the Conditional Use Permit as set forth in Kenai
Municipal Code 14.20.155.
i. 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
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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.
j. If there is a change of use for the above described property a new Conditional Use Permit
must be obtained, pursuant to 14.20.150(i)(5).
k. Applicant shall operate within the setbacks granted by variance permit PZ15-11, 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 line.
ATTACHMENTS
1. Draft Resolution No. PZ2019-12
2. Resolution No. PZ15-10
3. Resolution No. PZ 16-14
4. Application
5. Map
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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 permit; 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.
210 Fidalgo Avenue, Kenai, Alaska 99611-7794
Telephone: 907-283-7535 / Fax: 907-283-3014
www.kenai.city
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(4) The only processing of material that shall take place on the subject site is screening.
There shall be no crushing of material or operation of a concrete or asphalt plant 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 Conditional Use
Permit must be obtained, pursuant to 14.20.150(i)(5).
(11) Applicant shall operate within the setbacks granted by variance permit PZ15-11, 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 line.
PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI,
ALASKA, this 8th day of MAY, 2019.
JEFF TWAIT, CHAIRPERSON
ATTEST:
______________________________________
JAMIE HEINZ, CMC, CITY CLERK
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CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION NO. PZ15 -10
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: GREG DUGGAN AND TOM REESE
ADDRESS: P.O. Box 42, Kenai, Alaska 99611 & 49820 Leisure Lake Drive, Soldotna,
Alaska 99669
PROPERTY ADDRESS: 503 CHILDS AVENUE
LEGAL DESCRIPTION: NW '/4 SE '/ Section 4, Township 5 North, Range 11 West,
Excluding Jaynes Subdivision, Seward Meridian
KENAI PENINSULA BOROUGH PARCEL NUMBER: 04935007
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 and
received on April 15, 2015;
2. This request is located on land zoned as Heavy Industrial
3. That a duly advertised public hearing as required by Kenai Municipal Code
14.20.153 was conducted by the Commission on May 13, 2015 and May 27, 2015.
4. The Planning & 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 filed, the Commission shall make a
determination as to whether each of the below findings have been satisfied prior to the
issuance of the permit. The criterions are:
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1. The application is in substantial compliance with the requirements of this chapter.
Chapter 14.20.151 details the submittal requirements for a Conditional Use
Permit to allow for the Surface Extraction of Natural Resources. As required by
KMC 14.20.151, the applicant has submitted a proposed site plan, drawn to scale
which shows the location of the proposed 3 -acre sand and gravel extraction
material area with contours shown at 4 -foot intervals after excavation. The
applicant does not propose to construct any buildings or structures as a part of
the proposed sand and gravel permit application, therefore, buildings or
structures are not shown on the site plan. It is noted as required in KMC
14.20.151(d) that the applicant is the property owner. It should also be noted,
however, that the Operator owns the adjacent parcel to the south which is
approximately 2. 7 -acres in size. The operator does plan to construct a
commercial storage building for the storage of construction equipment used in
the operator's daily business activities.
The Operator has proposed to reconfigure and is presently in escrow to purchase
the subject approximately 5 -acre portion of the larger 30 -acre parcel which would
contain the sand and gravel material area by submitting a Preliminary Plat
application (PZ15 -13). The Plat would subdivide the subject parcel (KPB Parcel
No. 04935007) with the parcel owned by the operator (KPB Parcel No.
04935010).
The applicant has shown the location of the proposed driveway off of Childs
Avenue which would be used by trucks and equipment to access the subject
material area. Also as required in KMC 14.20.151 the applicant has
demonstrated the location of all mapped wetlands and shown the location of the
existing vegetation via an aerial photograph of the subject site. Lastly, the
applicant has submitted the necessary information in the form of a project
narrative and supplemental information on the site plan as required in KMC
14.20.151(b). Pursuant to KMC 14.20.151(c) the applicant will be required to
obtain and submit all necessary outside agency permits or submit proof that a
permit is not required, from the appropriate State and Federal Agencies prior to
issuance of the Conditional Use Permit.
To comply with the above code requirements, the applicant has submitted a copy
of a Letter of Intent that will be submitted to the State of Alaska, Department of
Natural Resources. This Letter is required because the proposed Gravel Pit
would less than 5 acres of disturbed area and less than 50,000 cubic yards of
material and less than 5 acres of unreclaimed area. Furthermore, staff has
spoken with the Army Corps of Engineers and it has been determined that a
permit to remove the material from the mapped wetlands and deposit it in
uplands in not required for the proposed project. Therefore, the application is in
substantial compliance with the requirements of KMC 14.20.151.
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2. The boundaries of the proposed excavation at it greatest dimensions, including
back slopes, are at least two hundred feet (200) from any public right -of -way and
at least one hundred fifty feet (150) from other surrounding property lines, except
that adjoining permitted surface extraction of natural resources sites are not
required to maintain the above one hundred fifty feet (150) excavation between
sites.
Pursuant to KMC 14.20.154(a)(1) the boundaries of the proposed sand and
gravel excavation at its greatest dimensions, including back slopes, would be
need to be at least two "hundred feet from any road or public right -of -way and at
least one hundred fifty feet from other surrounding property lines, except that
adjoining permitted surface extraction of natural resources sites are not required
to maintain the above one hundred fifty feet excavation between sites. As
proposed, the sand and gravel excavation site would comprise an area of
approximately 3- acres. Given the relatively small excavation area, the applicant
has requested a Variance Permit (PZ15 -11) to allow the required setbacks to be
reduced.
As shown on the submitted site plan, the applicant has proposed a setback of 80
feet from the present western property line and edge of the Right -of -Way of
Childs Avenue (where 200 feet is required), 50 feet from the northern property
line ( where 150 feet is required) and 15 feet from the southern property line
where 150 feet is required).
The new right -of -way is being required as part of the proposed Preliminary Plat
PZ15 -13) to combine the western approximately 5 -acre portion of the subject
parcel with the adjacent parcel to the south, owned by the operator creating an
approximately 8.4 -acre parcel.
The new subject parcel would be known at Tract 3 and the remaining
approximately 23 -acre portion of the parcel would be known as Tract 4 of Jaynes
Subdivision Big Mikes Addition. The Conditional Use Permit would also be
conditioned to require that a modification to the Conditional Use Permit would be
required to enlarge or relocate the proposed sand and gravel pit on Tract 3.
According to the applicant, if the setbacks as they are required by Code are
adhered to, it would leave an area that is approximately 1 -acre in size to be used
for the proposed mining operation. This would make the proposed project not
practical according to the operator. It is therefore the opinion of staff that given
the size of the proposed sand and gravel pit, that reducing the setbacks to those
as proposed would be acceptable and in conformance with KMC 14.20.154(2)
and that this finding can be made. In addition, pursuant to those findings outlined
in KMC 14.20.180(c) can also be made which further support this finding.
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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.
As shown on the submitted site plan, the applicant proposes to construct and
operate an approximately 3 -acre sand and gravel pit within the approximately 5-
acre western portion of the subject 30 -acre parcel; Kenai Peninsula Borough
Parcel No: 04935007. As proposed, the sand and gravel material site would
remove between approximately 15,000 cubic yards and 50,000 cubic yards of
material per year, with approximately 85,000 cubic feet of material available
above groundwater elevation.
The subject parcel is zoned Heavy Industrial (IH) and has a Land Use
designation of Industrial. The intent of the IH Zoning District is to allow for a
broad range of industry and commercial uses. As outlined in KMC 14.20.140 the
Zoning District is intended to apply to industrial areas which are sufficiently
isolated from residential and commercial areas to avoid any nuisance effect.
The subject sand and gravel pit would be located in an area that is not
immediately adjacent to residential or commercial areas. Surrounding land uses
include an oil and gas drill pad to the west, a welding and fabrication shop to the
south with the Kenai Harbor and Wild Pacific Seafood's processing plants to the
southwest across Bridge Access Road. To the east would be the remaining
portion of Tract 4 which is an undeveloped parcel with two previous gravel pits
which appear to be no longer in operation. Immediately adjacent to the north are
several approximately 40 -acre parcels which are undeveloped. While these
parcels are zoned Rural Residential, it is unlikely that they will be developed in
the near future as they have a large number of mapped wetlands. Further to the
north and northeast and northwest are the subdivisions of Inlet View, Central
Heights and Deepwood Park. These three subdivisions are located at a higher
elevation than that of the proposed sand and gravel pit. Some of the single -
family homes within these subdivisions would potentially have views of the
industrial areas surrounding the subject sand and gravel pit including the
industrial land -uses along Bridge Access Road and the Kenai Harbor.
As of this writing, several of the property owners within these subdivisions have
expressed concern over the proposed gravel pit and its potential impacts to their
views and property values. Staff drove through subdivisions to observe if the
proposed sand and gravel pit would be visible from any of the public roads or
access easements within them. It was found by staff that a portion of the subject
Gravel Pit is visible from 404 Rogers Road, an undeveloped parcel owned by the
City of Kenai (KPB Parcel No. 04916017).
KMC 14.20.154(3) states in part "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."
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While observing the subject Gravel Pit, staff was able to see what appears to be
the approximate 1/3 southern portion of what would become the excavation area.
It is the opinion of staff that the remaining 2/3 of the proposed excavation area
would be obscured by the natural vegetation currently located between those
parcels along the Rogers Road bluff and the subject site. According to the
application, the applicant proposes to leave a 50 foot buffer of natural vegetation
between the northern property line and the proposed Gravel Pit. The applicant
proposes to begin excavation at the northwesterly corner and continue in a
southern and eastern direction. Based on the submitted site plan the bottom
elevation of the proposed excavation area would be at a depth of 28 feet. Given
the height of the existing trees contained along the northern property line, it is the
opinion of staff that when the 1/3 southern portion of the excavation area is
reached it would of a significant depth so as to be mostly obscured from view
from the natural elevation of those parcels along the bluff of Rogers Road. While
a portion of the working face of the Gravel Pit may at times not be completely
obscured from view during the fall and winter months due to leaf drop, the
proposed Gravel Pit may not be in operation. Furthermore, the applicant has
indicated that it may take as many as 10 years to completely excavate the
subject site depending on material demand. Therefore, once this area of the
excavation area is reached the natural vegetation will be taller, which will further
obscure the subject site.
In addition to the natural vegetation screening which will obscure the site, the
applicant proposes to install artificial screening in the form of fencing along a
western portion of the edge of the right -of -way of Childs Avenue from the
southeastern corner of the property to the south portion of the driveway entrance.
This fencing will be 6 feet tall and would contain view obscuring material. The
applicant proposes to leave the existing vegetation buffer with a distance of 50
feet along the remaining portion of the western property line to obscure the site.
Thus, the above finding can be made and substantiated.
4. The site plan provides that back slopes be a minimum of a 2:1 s lope, except for
the contiguous working face.
As shown on the submitted revised site plan on Sheet C4 of the submitted
grading cross section, all proposed reclamation slopes will be graded to no
steeper than 2:1 slope. Therefore, this finding can be made.
5. The site plan does not provide for excavation below the water table except where
a reasonable method of drainage is available at the particular site or where the
proposed future development plan provides for a lake on the site of the
excavation.
According to the submitted site plan and supplemental application materials, the
operator will not be excavating below the water table.
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On the site plan, the applicant has indicated that they dug two test holes and
encountered surface ground water at 8 feet and 12 feet respectively. It is
anticipated that surface ground water will pool during the course of the mining
activity, which is typical of a surface mining operation. A Letter of Intent for
reclamation of the subject sand and gravel pit is being submitted to the State of
Alaska Department of Natural Resources Division of Mining, Land and Water, in
accordance with Alaska State 27.19. The applicant has indicated that the site
will be reclaimed each fall using onsite overburden and top soil and that the
excavated slopes will be contoured to no steeper than a 2:1 slope and to a
condition that allows for the re- establishment of natural vegetation.
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.
Pursuant to the submitted application, the applicant has indicated that they will
not be excavating below the water table.
7. The proposed use of land after extraction is completed is feasible and realistic
and is a use permitted in the zone in which the property is located.
Pursuant to Kenai Municipal Code and Alaska Statute 27.19, reclamation of the
proposed sand and gravel material site would be required. As shown on the
submitted site plan and supplemental application materials. The applicant has
demonstrated that they will perform site reclamation activities during the fall of
each year and as required by the State of Alaska, Department of Natural
Resources, Division of Mining, Land and Water. Currently, neither the applicant
nor the operator has indicated what the proposed use of the subject material site
will be after the mining operations have been completed. Therefore, staff would
refer to those uses allowed either by right, or by a Conditional Use Permit, as
shown on the Land Use Table in KMC 14.22.010, within the Heavy Industrial
Zone, to determine which uses would be appropriate for the subject material site
after the extraction has been completed.
8. The extraction does not destroy the land for the purposes for which it is zoned.
The subject parcel and surrounding parcels to the east, south and west are
zoned Heavy Industrial. Pursuant to the Land Use Table in KMC 14.22.010, the
Surface Extraction of Natural Resources is an allowed use subject to obtaining a
Conditional Use Permit. As proposed, the applicant will reclaim and revegetate
the excavation areas by seeding and replacement of top soil over the excavated
areas. Once subject site has been exhausted of sand and gravel and fully
reclaimed, it could then be reused for a use which is allowed within the Heavy
Industrial Zone pursuant to the allowed uses shown on the Land Use Table in
KMC 14.22.010.
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.
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There are currently seven active gravel pits operating within the City of Kenai
under either a Conditional Use Permit or under a grandfather status. Each pit
varies in size and the amount of gravel material extracted from the pit. Pursuant
to KMC 14.20.150(f) the operators are required to submit yearly reports to the
Planning and Zoning Division for review. In reviewing each yearly report, the
amounts of material that are being extracted is very minimal. It appears from
reading the reports, that most of the gravel pits are potentially nearing their
expected life span and will begin the process of reclamation soon. In 2014 a
total of 7,684 cubic yards of material was removed from all of the operating
gravel pits within City limits. According to the applicant, a new source of sand
and gravel is needed to support expected upcoming construction projects within
the City of Kenai. The applicant plans to excavate between approximately
15,000 cubic yards and 50,000 cubic yards of material each year for a total
amount of approximately 85,000 cubic yards. Therefore, there is a need for sand
and gravel to support these construction projects and the operation of the
proposed sand and gravel pit would outweigh any detrimental effects the
operation may have on surrounding property owners. By having an additional
source of sand and gravel within the City of Kenai, it will mean that less material
would need to be trucked in from surrounding gravel pits, thereby reducing
impacts to roadways.
10. The applicant is the owner of the subject property
The applicant is the owner of the subject property. The operator owns the
adjacent parcel to the south and proposes to apply to transfer the Conditional
Use Permit, pursuant to KMC 14.20.158 after the recording the Preliminary PlatPZ15 -13).
CONDITIONS OF APPROVAL
1. Prior to commencement of extraction of Natural Resources, Applicant shall
obtain all necessary State and Federal Permits.
2. Prior to commencement of construction and extraction of Natural Resources,
Applicant shall be required to construct a non - climbable 6 foot high fence as
shown on the approved site plan along Childs Avenue.
3. The only processing of material that shall take place on the subject site is
screening. There shall be no crushing of material or operation of a concrete or
asphalt plant on the subject site.
4. 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.
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5. There shall be no extraction of Natural Resources beyond the ground water
table.
6. Hours of operation shall be 8 am to 8 pm for the moving of materials.
7. Applicant shall file an annual report for the Conditional Use Permit as set forth in
Kenai Municipal Code 14.20.155.
8. Prior to recording the Plat (PZ15 -13), the applicant shall submit an application to
the City of Kenai, Planning and Zoning Division for a Transfer of the Conditional
Use Permit for the Gravel Pit (PZ15 -10).
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.
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 MAY, 2015.
CHAIRPERSON: ATTEST:
eff ait, Chairperson
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Villaye with a Past, C# with a Future
210 Fidalgo Avenue, Kenai, Alaska 99611 -7794
Telephone: 907 - 283 -7535 / Fax: 907 - 283 -3014
www.kenai.citv
CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION NO. PZ16 -14
TRANSFER OF CONDITIONAL USE PERMIT PZ15 -10
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF
KENAI GRANTING A REQUEST FOR A TRANSFER OF CONDITIONAL USE PERMIT
TO:
NAME: MICHAEL S. BROWN
USE: Construction and Operation of a Gravel Pit for the Extraction of Natural Resources
LOCATED: Tract Three (3) Jaynes Subdivision Big Mikes Addition (prior to subdividing
the property was described as the NW'/ SE' /, Section 4, Township 5
North, Range 11 West, Excluding Jaynes Subdivision) — 601 Childs
Avenue
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
14.20.158(a)has been submitted to the City of Kenai on January 15, 2016;
2. This request is on land zoned as IH - Heavy Industrial;
3. That the applicant has demonstrated with plans and other documents that they can
and will meet the following specific requirements and conditions in addition to
existing requirements:
a. Prior to commencement of extraction of Natural Resources, Applicant shall
obtain all necessary State and Federal Permits.
b. Prior to commencement of construction and extraction of Natural Resources,
Applicant shall be required to construct a non - climbable 6 foot high fence as
shown on the approved site plan along Childs Avenue.
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c. The only processing of material that shall take place on the subject site is
screening. There shall be no crushing of material or operation of a concrete or
asphalt plant on the subject site.
d. 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.
e. There shall be no extraction of Natural Resources beyond the ground water
table.
f. Hours of operation shall be 8 am to 8 pm for the moving of materials.
g. Applicant shall file an annual report for the Conditional Use Permit as set forth
in Kenai Municipal Code 14.20.155.
h. Prior to recording the Plat (PZ15 -13), the applicant shall submit an application
to the City of Kenai, Planning and Zoning Division for a Transfer of the
Conditional Use Permit for the Gravel Pit (PZ15 -10).
I. 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.
j. Applicant must comply with all Federal, State and local regulations.
k. If there is a change of use for the above described property, a new
Conditional Use Permit must be obtained, pursuant to KMC 14.20.150(i)(5).
NOW, THEREFORE, BE IT RESOLVED, BY THE PLANNING AND ZONING
COMMISSION OF THE CITY OF KENAI THAT THE APPLICANT HAS
DEMONSTRATED THAT THE CONSTRUCTION AND OPERATION OF A GRAVEL
PIT FOR THE 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 2 TH DAY OF MAY, 2016.
i
CHAIRPERSON: ATTEST:
Jeff S a h, ity Clerk
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CHILDS ADDN.AUTUMN SUBDIVISIONADDN.NO. 1JAYNES SUBDIVISIONTR. ATR. 3TR. 2BTR. 1TR. 4(1)500601605703707500601605703707CHILDS AVEBRIDGE ACCESS RD.160 'Date: 5/3/2019The information depicted hereon is for graphic representationonly of the best available sources. The City of Kenai assumes no responsibility for errors on this map.1 inch equals 189 feetTract 3, Jaynes SubdivisionBig Mikes Addition(Kenai Peninsula Borough Parcel Number04935012)
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ACTION AGENDA
KENAI CITY COUNCIL – REGULAR MEETING
MAY 1, 2019 – 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)
C. UNSCHEDULED PUBLIC COMMENTS (Public comment limited to three (3) minutes per
speaker; thirty (30) minutes aggregated)
D. PUBLIC HEARINGS
1. FAILED AS AMENDED. Ordinance No. 3061-2019 – Amending Kenai Municipal
Code 14.20.320 - Definitions, 14.20.330 - Standard for Commercial Marijuana
Establishments and 14.22.010 - Land Use Table, to Incorporate Onsite Consumption
of Marijuana at Retail Marijuana Establishments into the City Of Kenai’s Code of
Ordinances. (Legal)
2. ENACTED UNANIMOUSLY AS AMENDED. Ordinance No. 3062-2019 – Increasing
FY2019 General Fund Estimated Revenues and Appropriations by $20,859 And
FY2020 General Fund Estimated Revenues And Appropriations by $35,418 in the
General Fund Parks, Recreation, and Beautification Department for the Receipt of a
Grant from the United States Environmental Protection Agency Passed Through the
State of Alaska Department of Environmental Conservation for Bacteria Level
Monitoring on the City’s Beaches during the 2019-2020 Personal Use Fishery.
(Administration)
3. ADOPTED UNANIMOUSLY. Resolution No. 2019-27 – Pertaining to the Authorized
Investments of, the Investment Allocations of, and Establishing Appropriate
Benchmarks to Measure Performance of the City’s Permanent Funds for Calendar
Year 2019. (Administration)
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E. MINUTES
1. APPROVED BY THE CONSENT AGENDA. *Regular Meeting of April 17, 2019
2. APPROVED BY THE CONSENT AGENDA. *Work Session of April 18, 2019
3. APPROVED BY THE CONSENT AGENDA. *Special Meeting of April 23, 2019
F. UNFINISHED BUSINESS – None.
G. NEW BUSINESS
1. APPROVED BY THE CONSENT AGENDA. *Action/Approval – Bills to be Ratified.
(Administration)
2. APPROVED BY THE CONSENT AGENDA. *Action/Approval – Purchase Orders
Over $15,000. (Administration)
3. INTRODUCED BY CONSENT AGENDA/PUBLIC HEARING SET FOR 05/15/19.
*Ordinance No. 3063-2019 – Adopting the Annual Budget for the Fiscal Year
Commencing July 1, 2019 and Ending June 30, 2020 and Committing $500,000 of
General Fund, Fund Balance for Capital Improvements, Amending the Salary
Schedule in Kenai Municipal Code Chapter 23.55- Pay Plan, Amending Employee
Classifications in Kenai Municipal Code Chapter 23.50, and Amending
Communication Department Uniform Allowance in Kenai Municipal Code Chapter
23.55. (Administration)
4. INTRODUCED BY CONSENT AGENDA/PUBLIC HEARING SET FOR 05/15/19.
*Ordinance No. 3064-2019 – Increasing Estimated Revenues and Appropriations by
$339.90 in the General Fund – Police Department for State Traffic Grant Overtime
Expenditures. (Administration)
5. INTRODUCED BY CONSENT AGENDA/PUBLIC HEARING SET FOR 05/15/19.
*Ordinance No. 3065-2019 – Accepting and Appropriating a Volunteer Fire
Assistance (VFA) Grant From the United States Department of Agriculture Forest
Service Passed Through the State of Alaska Division of Forestry for the Purchase of
Forestry Firefighting Equipment. (Administration)
H. COMMISSION/COMMITTEE REPORTS
1. Council on Aging
2. Airport Commission
3. Harbor Commission
4. Parks and Recreation Commission
5. Planning and Zoning Commission
6. Beautification Committee
7. Mini-Grant Steering Committee
I. REPORT OF THE MAYOR
J. ADMINISTRATION REPORTS
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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
2. Cook Inlet Regional Citizen’s Advisory Council Annual Meeting Update
3. Trans-Foreland Pipeline Company, LLC Kenai LNG Cool Down Project
4. Boys & Girls Club Annual Golf Classic
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.
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Are you looking for an opportunity to exercise with purpose? The City of Kenai is sponsoring a series of lunch time hikes with the
purpose of cleaning up our city and getting some exercise at the same time - TRASHercise! Please join us as we enjoy our beautiful
city and help keep our community clean at the same time.
Details for each TRASHercise are listed below:
All TRASHercise events are from Noon - 1:00 p.m.
The City will provide gloves and bags.
All TRASHercise events are pending suitable weather conditions.
Look for the Kenai Parks & Recreation truck, grab some gloves and a bag, and we’ll see you on the trail.
For additional information call 907-283-8262 or 907-283-8235.
Please avoid picking up any sharps and notify a City employee of all sharps locations.
May 23: Bernie Huss to Safeway
(meet at Main St. Loop entrance)
August 8: Kenai Municipal Park
(meet on the playground)
June 13: Daubenspeck Family Park
(meet by the restrooms)
August 22: Kenai Greenstrip
(meet at the shelter)
June 27: Kenai North Beach
(meet at Spruce Parking Lot)
September 12: Shqui Tsatnu Trail
(meet at 4th Ave. trail head)
July 11: Blue Star Memorial to
Leif Hansen Memorial Park (meet in front of Paradisos)
September 26: Kenai Multi-Purpose Facility Area
(meet in in parking lot)
July 25: Old Town Park and Erik Hansen Scout Park
(meet at Old Town Park)
October 10: Millennium Square
(meet by the Bluff Gazebo)
120 Main Street Loop
400 Marathon Road
600 S Spruce Street
816 Cook Ave
301 S Forest Dr.
400 Main Street Loop
9775 Kenai Spur Hwy
235 Spur View Dr. 29 of 29 May 8, 2019 City of Kenai Planning and Zoning Commission Meeting Packet