HomeMy WebLinkAboutResolution No. PZ2019-17"Vt11a1e with a Pas~ City with a Future"
210 Fidalgo Avenue, Kenai, Alaska 99611-7794
Telephone : 907-283-7535 I Fax: 907-283-3014
www.kenai.c ity
CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION NO. PZ2019-17
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI
GRANTING A REQUEST FOR A CONDITIONAL USE PERMIT FOR SURFACE EXTRACTION
OF NATURAL RESOURCES:
APPLICANT : PENINSULA COMMERCIAL VENTURES, LLC
USE: SURFACE EXTRACTION
LEGAL DESCRIPTION: TRACT C, HOLLIER SUBDVISION NO . 2
PHYSICAL ADDRESS: 695 GRAVEL STREET
KENAI PENINSULA BOROUGH PARCEL NUMBER: 04904082
WHEREAS, a complete application meeting the requirements of Kenai Municipal Code
14.20.150 and 14.20.151 was submitted to the City on May 22, 2019; and,
WHEREAS, the application affects land zoned as Rural Residential; and,
WHEREAS, the City of Kenai Planning and Zoning Commission conducted a du ly advertised
public hearing on June 12, 2019, following requirements outlined in Kenai Mun icipal 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
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extraction of natural resources sites are not required to maintain the above one hundred fifty
feet (150') excavation between sites;
Criteria Met: The applicant shows buffers on the site plan. The northern and eastern buffer
will be 150 to meet excavation boundaries for property lines . The buffer will be 200 feet from
the western property line, which is Gravel Street, to meet the requirement to be 200 feet from
any road or public right-of-way. There will not be a southern buffer because the adjacent
parcel is a permitted surface extraction of natural resources by the same owner.
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 v isible 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 w ill construct a
vegetated berm buffer of at least six feet high on the north and west boundaries of the
extraction.
The applicant is aware that previous operators breached the buffer at the western
requirements of Tract A , or perhaps the extraction was completed prior to more stringent
buffer requirements from property lines. The operator has not extended the breach and has
met the buffer requirements of their existing conditional use permit. The applicant hired a
professional surveyor to stake the buffers on the property and City staff observed flags and
stakes in place during the site visit.
4. The applicant meets criteria for surface extraction in KMC 14 .20.154(a)(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: The applicant states that the Kenai Peninsula Borough River Center reported
the subject parcel as being outside of the regulatory floodplain . City staff also confirmed the
proposed extraction on Tract C as well as the existing extraction on Tract B and Tract C 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 . The U.S. Army Corps of Engineers concurs that
the extraction method is in compliance with federal wetlands regulat ions .
5 . The applicant meets criteria for surface extraction in KMC 14 . 20. 154(a)(5) The site plan
provides that back slopes be a minimum of a 2: 1 slope, except for the contiguous working
face;
Criteria Met: The applicant states that, "Reclamation will be a cont inuous process including
sloping the sides of the excavation 2: 1 or flatter along buffer zones and inactive work areas
and seeding as necessary to contain erosion". The operator a lso mentioned the intent to
meet the 2:1 slope requirement for back slopes during a site v isit with City staff.
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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: Proposed future development provides for a lake on the site of the excavation .
The applicant states that water levels will be regularly monitored with significant changes
reported to the City. The applicants will store fill materials, including concrete and items such
as telephone poles , etc., away from areas of the site with an exposed water table .
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 road leading to the current excavation would be extended as
necessary to reach the new excavation. This road has a gate w hich may be locked. There
are also No Trespassing signs along the road along with the operator's contact information .
Adjacent property of the proposed construction is mostly vacant lots. To the south are two
parcels with existing extraction that are also owned by Peninsula Commercial Ventures.
Casual access is not likely as there is no amenity (such as the Kenai River or Beaver Creek
or residences) that would attract people down the road or near the excavation site.
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;
The proposed long-term use of the site is for residential and recreational use. The applicants
describes plans to grade and topsoil the area with stockpiles of existing overburden stripping
and/or clean fill material from excavation projects. The property would then be subdivided
into residential lots and the pit would become a lake.
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;
The end result of the extraction will be a residential neighborhood. 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.
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;
11. 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 .
12. The applicant meets criteria for surface extraction in KMC 14 .20.154(a}{11) The applicant is
the owner of the subject property.
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The applicant is the owner of the subject property.
13. 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.
City staff conducted a site visit on June 3, 2019. Buffer limits are delineated clearly on the
site plan.
14. 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;
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. Th is use is
consistent with the purposes and intent of the RR Zone.
15. 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;
Adjacent property to the south is a permitted gravel pit and vacant land. Once extraction is
complete, the developer would construct homes. Adjacent property values will not be affected
by the proposed surface extraction . The applicant will not use compression release engine
brakes (Jake brakes) to reduce noise .
16. 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;
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 fisca l health
of Kenai and implement a forward-looking approach to community growth .
17. 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;
The surface extraction will be accessed by a dedicated easement to Cone Avenue across
adjacent Tracts A and B, which are also owned by the applicant. Cone Avenue and the
easement provides access to the parcels from Beaver Loop Road .
18. 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;
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The applicant notes adequate barriers and screening . The extract ion will not be a safety
concern or visual impairment. The applicants has plans for reclamation and will be careful
about materials stored near water.
NOW, THEREFORE, BE IT RESOLVED, BY THE PLANNING AND ZONING COMMISSION
OF THE CITY OF KENAI, ALASKA:
Section 1.
Section 2.
That a conditional permit for surface extraction is granted to Peninsula
Commercial Ventures, LLC .
That the conditional use permit is subject to the following conditions:
1. Applicant must comply with all federal, State of Alaska, and local regulations.
2. The applicant will properly store fuel oil and hazardous materials away from wetlands
or other sensitive areas of the landscape.
3. The applicant will not store fill materials, such as concrete and construction waste, in
or near areas with an exposed water table.
4. The applicant will limit noise disturbances and not use compression release engine
brakes (Jake brakes).
5. The applicant will ensu re the gate that can be used to block access from Cone
Avenue is in working order.
6. A vegetated buffer of a minimum of six foot high will be constructed on the north and
west boundaries of the extraction.
7. Applicant shall file an annual report for the Conditional Use Perm it as set forth in
Kenai Municipal Code 14.20.155.
8 . The applicant will meet with City staff for on-site inspections when requested.
9 . If there is a change of use for the above described property a new Conditional Use
Permit must be obtai ned , pursuant to 14.20 .150(i )(5).
PASSED BY THE PLANNING AND ZONING COMMISSION OF THE /ITY OF KENAI ,
ALASKA, this 12th day of JUNE, 2019.
ATTEST :
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