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HomeMy WebLinkAboutResolution No. PZ2019-26u "Villa ye with a Past, C# with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: 907-283-7535 / Fax: 907-283-3014 www.kenai.city CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ2019-26 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: TRANSFEREE: COLASKA INC. DBA QAP USE: SURFACE EXTRACTION OF NATURAL RESOURCES KENAI PENINSULA BOROUGH PARCEL NUMBERS: 04911029, 04904036, 04904037, 04911030,04911031 WHEREAS, a complete application meeting the requirements of Kenai Municipal Code 14.20.150 and 14.20.151 was submitted to the City on July 3, 2019; and, WHEREAS, the application affects land zoned as Rural Residential; and, WHEREAS, the City of Kenai Planning and Zoning Commission conducted a duly advertised public hearing on July 24, 2019, following requirements outlined in Kenai Municipal Code 14.20.280 for public hearings and notifications. WHEREAS, the Planning and Zoning Commission finds: 1. The applicant meets criteria for surface extraction in KMC 14.20.154(a)(1) The application is in substantial compliance with the requirements of this chapter; Criteria Met: This application is in substantial compliance with the requirements of this chapter. The applicant has demonstrated the proposed use meets the requirements for boundaries of the proposed extraction, back slopes, public safety, and the need for gravel within the City. 2. The applicant meets criteria for surface extraction in 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 sites are not required to maintain the above one hundred fifty feet (150) excavation between sites,- Resolution ites; Resolution PZ2019-17 Page 1 of 6 Criteria Met: Buffers are not required at parcel edges that border other parcels that would be covered by the permit transfer. The applicant will meet the buffer requirements from adjacent property lines and City staff has discussed this with the applicant. Where buffers are already breached by the transferee, the applicant will install a vegetated berm and will not increase the conformity of the existing natural vegetation. 3. The applicant meets criteria for surface extraction in 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; Criteria Met: The existing parcel is mostly treed. The trees provide sufficient screening to obscure the entire excavation. City staff confirmed the extraction is not visible from Beaver Loop Road or Cone Avenue. During a City staff site visit, the operator described how movable berms of overburden were placed at the northern edge of the current extraction on Tract B. Similar berms would conceal the proposed extraction on Tract C from view in areas of the parcel where trees did not provide sufficient screening. The applicant will construct a vegetated berm buffer of at least six feet high on the north and west boundaries of the extraction. Criteria Met: With the existing breached buffers and the widening of Beaver Loop Road, the pit is currently visible through the trees along part of Beaver Loop Road. QAP will install a six-foot high buffer to screen the extraction from Beaver Loop Road. A fence will block the entrance. Existing vegetation will be left in place following buffer requirements to sufficiently screen the pit where the buffers have not already been breached by the transferor. 4. The applicant meets criteria for surface extraction in KMC 14.20.154(")(4) The surface extraction is outside of the one percent (1%) annual chance flood zone (one hundred (100) Year floodplain), one-fifth percent (0.2%) annual chance flood zone (five hundred (500) year floodplain), and high -hazard coastal areas; Criteria Met: City staff confirmed all five parcels were outside of the one percent (1%) annual chance flood zone (one hundred (100) year floodplain), one-fifth percent (0.2%) annual chance flood zone (five hundred (500) year floodplain), and high -hazard coastal areas. 5. The applicant meets criteria for surface extraction in KMC 14.20.154(x)(5) The site plan provides that back slopes be a minimum of a 2:1 slope, except for the contiguous working face; Criteria Met: QAP states that slopes will graded to a 2:1 slope or the natural stabilized angle of repose of the existing earth materials. QAP also notes that slopes will be stabilized and protected against erosion. 6. The applicant meets criteria for surface extraction in KMC 14.20.154(a)(6) 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; Criteria Met: Extraction will be below the water table and go as deep as 15 to 20 feet. This extraction will result in a lake on the site to eventually be surrounded by residences. The Alaska Department of Environmental Conservation (ADEC) regulates water quality and air Resolution PZ2019-17 Page 2 of 6 quality. The Alaska Department of Fish and Game (ADF&G) regulates anadromous salmon habitat. QAP references their intent to abide by federal, state, and borough statutes in addition to City of Kenai statutes. City staff recommends this be a condition of the permit and recommended some additional conditions to protect water quality, such as storing construction waste away from water and ensuring no passage of anadromous fish into the lake to be formed by the extraction. 7. The applicant meets criteria for surface extraction in KMC 14.20.154(a)(7) 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; Criteria Met: The existing driveway leading to the current excavation would be extended as necessary to reach the new excavation. Access will be from Beaver Loop Road. Gates leading to the site will be locked to deter unwanted access. The proposed berm and fence along Beaver Loop Road will deter accidental casual access into the property. Adjacent properties are mostly other gravel pits or vacant lots. 8. The applicant meets criteria for surface extraction in KMC 14.20.154(a)(8) 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, Criteria Met: The proposed long-term use of the site is for residential use. This matches the plan of most of the other gravel pits along Beaver Loop Road. QAP also mentions the potential for a campground around the lake. Potential commercial and residential development would be approved and reviewed by the City prior to implementation. 9. The applicant meets criteria for surface extraction in KMC 14.20.154(a)(9) The extraction does not destroy the land for the purposes for which it is zoned; Criteria Met: City staff discussed the importance of ensuring a clean water supply in the City and the applicant will take measures to monitor water levels and be mindful of what is allowed near water and sensitive areas of the landscape. QAP notes equipment and construction debris will not be disposed of in surface water. QAP will seed slopes with plants suitable for Alaska conditions and will limit erosion and dust that could affect the landscape. 10. The applicant meets criteria for surface extraction in KMC 14.20.154(a)(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; Criteria Met: The applicant will sell some of the gravel for road projects within the City of Kenai. There are very few surrounding property owners and the benefit of a local gravel source from this location outweighs any potential detrimental effects. 11. The applicant meets criteria for surface extraction in KMC 14.20.154(a)(11) The applicant is the owner of the subject property. Criteria Met: The Estate of Mavis Cone submitted a copy of the Agreement to Purchase with QAP. The document states the closing is to be on or before July 31, 2019. City staff recommends a condition of the permit be that documentation of the final sale be submitted before the permit will be issued to the QAP. Resolution PZ2019-17 Page 3 of 6 12. The applicant meets criteria for surface extraction in KMC 14.20.154(a)(11) Clearing limits shall be delineated on the site plan as well as clearly visible on site and shall be inspected by the City Planner or designee prior to the application being deemed complete. Criteria Met: City staff conducted a site visit on June 28, 2019. Buffers were discussed with the applicant. A six-foot vegetated berm is denoted on the site plan where buffers have already been breached. Existing vegetation will be left in place following buffer requirements where clearing limits have not already been breached. 13. The applicant meets criteria for conditional use permits in 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; Criteria Met: 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. The proposed extraction is adjacent to an existing permitted gravel pit and vacant lots. It would not change the character of the neighborhood. This use is consistent with the purposes and intent of the RR Zone. 14. The applicant meets criteria for conditional use permits in KMC 14.20.150(d)(2) The value of the adjoining property and neighborhood will not be significantly impaired; Criteria Met: Adjacent parcels are mostly parcels used to surface extraction and vacant lots. In order to limit disturbance in the neighborhood, QAP generally work between 7:00am and 10:00pm, except in cases of high demand mostly in summer months. QAP will not use compression release engine brakes (Jake brakes) and may use proximity alarms to reduce noise from backing vehicles. 15. The applicant meets criteria for conditional use permits in KMC 14.20.150(d)(3) The proposed use is in harmony with the Comprehensive Plan; Criteria Met: The 2016 Imagine Kenai 2030 Comprehensive Plan notes on p. 74 that, areas off of Beaver Loop Road has been a conditional use to obtain economically advantageous local sources of gravel and fill, but that there is potential for conflict between surface extraction and residential uses. The location of this pit minimizes the potential for conflict with neighbors and fits with the pattern of land use along Beaver Loop Road in the City. The surface extraction will support Goals 2 and 3 for economic development and land use that support the fiscal health of Kenai and implement a forward-looking approach to community growth. 16. The applicant meets criteria for conditional use permits in KMC 14.20.150(d)(4) Public services and facilities are adequate to serve the proposed use; Criteria Met: There is an existing driveway from Beaver Loop Road leading into the parcels. Cone Avenue provides access at the eastern boundary of the parcel. Equipment will be mobile and structure needs will be temporary and serviced with portable toilets. Resolution PZ2019-17 Page 4 of 6 17. The applicant meets criteria for conditional use permits in KMC 14.150(d)(5) The proposed use will not be harmful to the public safety, health or welfare; Criteria Met: The applicant notes adequate barriers and screening. The extraction will not be a safety concern or visual impairment. The applicants has plans for reclamation and will be careful about materials stored near water and maintaining separation from any anadromous water bodies. NOW, THEREFORE, BE IT RESOLVED, BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA: Section 1. That a conditional permit for surface extraction is granted to Colaska, Inc, dba QAP. Section 2. That the conditional use permit is subject to the following conditions: 1. Transferee must comply with all federal, State of Alaska, and local regulations. 2. The transferee will properly store fuel oil and hazardous materials away from wetlands or other sensitive areas of the landscape. 3. The transferee will not store fill materials, such as concrete and construction waste, in or near areas with an exposed water table. 4. The transferee will block fish passage between water areas if necessary to avoid violating regulations pertaining to anadromous streams and fish habitat. 5. The transferee will limit noise disturbances and not use compression release engine brakes (Jake brakes). 6. The transferee will ensure the gate that can be used to block access from Beaver Loop Road or any other access point will be kept in working order. 7. A vegetated buffer of a minimum of six foot high will be constructed along Beaver Loop Road. 8. The transferee will not extend the nonconformity of breached buffers and install fences/berms where necessary to remedy visual disturbances. The transferee will conform to current extraction setbacks where possible on the parcels. 9. Transferee shall file an annual report for the Conditional Use Permit as set forth in Kenai Municipal Code 14.20.155. 10. The transferee will meet with City staff for on-site inspections when requested. 11. 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). PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, this 24th day of JULY, 2019. Resolution PZ2019-17 Page 5 of 6 ATTEST: CMC, CITY Resolution PZ2019-17 Page 6 of 6 JE IT, CHAIRPERSON