HomeMy WebLinkAboutResolution No. PZ2019-44"Vt!/~e with a Past, Ci-IJ with a Future 11
210 Fidalgo Avenue, Kenai, Alaska 99611-7794
Telephone: 907-283-7535 I Fax: 907-283-3014
www.kenai.citv
CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION NO. PZ2019-44
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI
GRANTING A REQUEST TO AMEND A CONDITIONAL USE PERMIT FOR SURFACE
EXTRACTION OF NATURAL RESOURCES TO:
APPLICANT: BEAVER LOOP SAND & GRAVEL, LLC
USE: SURFACE EXTRACTION OF NATURAL RESOURCES
LEGAL DESCRIPTION: TRACT A-1, BEAVER LOOP ACRES ADDITION NO. 1
PHYSICAL ADDRESS: 2369 BEAVER LOOP ROAD
KENAI PENINSULA BOROUGH PARCEL NUMBER: 04912051
WHEREAS , the applicant requested an amendment to the Conditional Use Permit transferred
by PZ18-09, amended by PZ03-32, PZ05-35, and PZ16 -39 , and initially granted by PZ85-42
following Kenai Municipal Code 14.20.150(h) Conditional use permits, Modification of final
approval; and,
WHEREAS, the amendment affects land zoned as Rural Residential; and ,
WHEREAS, the City of Kenai Planning and Zoning Commission conducted a duly advertised
public hearing on June 26 , 2019, following requirements outlined in Kenai Municipal Code
14.20.280 for public hearings and notifications; and,
WHEREAS, removing the condition for all fill to come from the subject parcel would still meet
the criteria for the issuance of the conditional use permit; and,
WHEREAS, the Planning and Zoning Commission finds :
Criteria for the issuance of conditional use permit applications for surface extraction of
natural resources are outlined in KMC 14.20.154.
1. 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
Resolution PZ2019-44
Page 1 of 6
boundaries of the proposed extraction, back slopes, public safety, and the need for
gravel within the City.
2. 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;
Criteria Met: The applicant obtained a variance 2016 for the setback requirements. The
gravel pit has been in operation for 40 years and the buffers were unintentionally
breached prior to the City assuming zoning powers. The analysis for that variance
discussed the western property line where the buffer had been breached borders
another gravel pit (Twin Rivers Resources, Inc. operated by Foster Construction).
Pursuant to KMC 14.20.154, gravel pit sites are not required to maintain setbacks
between extraction sites. The excavation area can be located within this property line,
but water run-off must be maintained on the subject parcel.
3 . 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 subject gravel pit is located off Beaver Loop Road and is not visible
from the road to the casual observer. Staff observed property lines during a site visit in
October 2019. Adjacent parcels with residences are owned by fam ily members of the
applicant. The western boundary is another gravel pit. The northern boundary is an
undeveloped parcel owned by the City of Kenai. The gravel pit is accessed by a secure
gate. Fencing was fixed surrounding the gravel pit as a City requirement in 2016.
4. 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%) annua l
chance flood zone (five hundred (500) year floodplain), and high-hazard coastal areas;
Criteria Met: City staff also confirmed the parcel 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 h igh-hazard coastal
areas. A permit from the U.S. Army Corps of Engineers is not required.
5. 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 operator also mentioned the intent to continue meeting the 2:1 slope
requirement for back slopes during a site visit with City staff. The current configuration
met this requirement and it is shown on the site plan.
6. 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;
Resolution PZ2019-44
Page 2 of 6
Criteria Met: PZ05-35 (PZ03-32) amended the existing Conditional Use Permit to allow
for gravel extraction below the water table with PZ05-35 . As part of PZ05-35, Area 1 was
identified as having been excavated to the north property line prior to the city's
assumption of zoning powers and the adoption of the Kenai Municipal Code . It was
further discussed that generally, non-conforming uses are not allowed to be enlarged or
increased, pursuant to KMC 14.20.050. However, under the "diminishing asset doctrine"
as adopted by the Alaska Supreme Court, excavation down into the water table would
not be considered to enlarge or increase the non-conformity of the use . The applicant
identified on the site plan that Area 1 would be reclaimed as a lake, thus this area
complied with Kenai Municipal Code.
As shown on the site plan dated June 21, 2005, Areas 2 and 3 were identified to be
excavated below the water table and then back filled with dirt. The applicant has found
there is not enough dirt on site to complete this reclamation and would like to use dirt
obtained from a neighboring pit. The condition for the fill to not contain hazardous
materials would remain .
7 . 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 gravel pit is fenced on all sides and may only be accessed by a gate .
8. 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 applicant intends to have a lake on the property and to reclaim the pits
with fill materials and eventually gra ss plantings so they may be used for other purposes .
The applicant is aware the zoning of the parcel is within the Rural Residential Zone of
the City and would comply with uses outlined in the Zoning Code .
9 . KMC 14.20.154(a)(9) The extraction does not destroy the land for the purposes for
which it is zoned;
Criteria Met: The applicant is actively reclaiming the pit while extraction is occurring .
10 . KMC 14 .2 0 .154(a)(10) The need for the particular natural resource within the City of
Kenai outweighs any detrimental effects the operation may have on su rrounding
property owners;
Criteria Met: The applicant will sell some of the gravel for road proje cts within the City of
Kenai. There are very few surrounding prope1iy owners and the benefit of a local gravel
source from this location outweighs potential detrimental effects.
11 . KMC 14.20 .154(a)(11) The applicant is the owner of the subject property.
Criteria Met: The applicant is the owner of the subject property.
12 . KMC 14.2 0 .154(a)(12) 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.
Resolution PZ2019-44
Page 3 of 6
Criteria Met: City staff conducted a site visit in October 2019 . Buffer limits are delineated
clearly on the site plan .
The requirements of KMC 14 .20 .154 are specific to conditional use permits for surface
extraction of natural resources. KMC 14.20 .150 contains requirements that apply to the
evaluation of all conditional use permits. The requirements of KMC 14 .20.150 are
reviewed as follows :
13. 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. It would not
change the character of the neighborhood . This use is consistent with the purposes and
intent of the RR Zone.
14 . KMC 14.20 .150(d)(2) The value of the adjoining property and neighborhood will not be
significantly impaired ;
Criteria Met: Adjacent property to the west is a permitted gravel pit. The applicant has a
reclamation plan and the amendment to the permit will allow for it to be implemented. By
reclaiming the property with a lake and filling in other excavated areas, adjacent property
and the neighborhood will not be significantly impaired.
15 . KMC 14.20 .150( d)(3) The proposed use is in harmony with the Comprehensive Plan ;
Criter ia 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. KMC 14.20.150(d)(4) Public services and facilities are adequate to serve the proposed
use;
Criteria Met: The surface extraction is accessed by driveway off of Beaver Loop Road .
Adequate utilities are available to support the use .
17. KMC 14 .150(d)(5) The proposed use will not be harmful to the public safety, health or
welfare;
Criteria Met: The gravel pit is screened adequately and has a fence for safety. Tile
Resolution PZ2019 -A4
Page 4 of 6
extraction will not be a safety concern or visual impairment. The applicant has plans for
reclamation and amending the permit will allow for their implementation .
18 . KMC 14.150(d)(6) Any and all specific conditions deemed necessary by the Commission
to fulfill the above-mentioned condit ions should be met by the applicant. These may
include, but are not limited to , measures relative to access, screening, site development,
building design, operation of the use and other similar aspects related to the proposed
use .
Recommended conditions are stated at the end of the report .
NOW, THEREFORE, BE IT RESOLVED , BY THE PLANNING ANO ZONING COMMISSION
OF THE CITY OF KENAI, ALASKA:
Section 1. That the request to remove from Cond ition 7 the limitation that fill materials must
be from the subject parcel is granted for Conditional Use Permit PZ03-32,
(amended by Resolution PZ05-35 and PZ16-39 and transferred by Resolution
PZ2018-09).
Section 2. Amended conditions of PZ03-32 , (amended by Resolution PZ05-35 and PZ16-39
and transferred by Resolution PZ2018-09) with New Text Underlined; [DELETED
TEXT BRACKETED] as follows:
1. Prior to commencement of extract ion of Natural Resources or any reclamation activities,
the Applicant shall obtain all necessary State and Federal Permits .
2 . Prior to commencement of any extraction of Natural Resources or any reclamation
activities , the Applicant shall repair or replace any damaged fencing located on the rear
of the site.
3 . Prior to commencement of any extraction of Natural Resources or any reclamation
activities, the Applicant shall submit a revised site plan which labels the area behind
Area 2 as Area 2A and ensures that the further subsurface extraction is limited to within
1 O feet of the rear property line.
4. Excavation below the water table shall only be allowed in those locations marked Area 1,
Area 2, Area 2A and Area 3 .
5. There shall be no further excavation below the water table in the Area located up to 10
feet from the rear property line behind Area 2. The final working face shall be back
sloped to minimum angle of 2: 1.
6. The excavation may not penetrate the subsurface clay/silt layer located approximately
30 feet below the original ground surface .
7. If fill material is placed in the pits , it must [be fill material originally from this
approximately 52 .5-acre site and it must) not contain any "hazardous substances," or
"industrial waste," "mining waste ," "so lid waste," or "othe r waste " as defined in Alaska
State Statues .
8. Applicant shall file an annual report for the Conditional Use Permit as set forth in Kenai
Resolution PZ2019-44
Page 5 of 6
Municipal Code 14.20 .155.
9 . Applicant shall employ the use of dust control measures to ensure the material site and
the driveway fronting onto Beaver Loop Road remain dust free. Dust contro l shall include
the daily use of a water truck and placement of Calcium Chloride on the dri veway. A
water truck shall also be used to control dust from the working face of the Gravel Pit.
1 O. If there is a change of use for the above described property, a new Condit ional Use
Permit must be obtained, pursuant to KMC 14.20.150(i)(5).
PASSED BY THE PLANNING AND ZONING COMMISSION OF HE CITY OF KENAI ,
ALASKA, this 13th day of NOVEMBER, 2019 .
ATTEST:
Re solution PZ2019 -44
Pag e 6 of 6
STAFF REPORT
To: Planning & Zoning Commission
Date: November 5, 2019
Subject: Resolution PZ2019-44 – Amend Conditional Use Permit – Surface Extraction of
Natural Resources
Applicant: Beaver Loop Sand & Gravel, LLC
P.O. Box 1290
Kenai, AK 99611
Representative: David Yragui
P.O. Box 1290
Kenai, AK 99611
Requested Action: Amend Conditional Use Permit – Surface Extraction of Natural
Resources
Legal Description: Tract A-1, Beaver Loop Acres Addition No. 1
Property Address: 2369 Beaver Loop Road
KPB Parcel No: 04912051
Lot Size: 2,286,900 square feet (52.5 acres)
Existing Zoning: Rural Residential (RR)
Current Land Use: Gravel Pit
Land Use Plan: Low Density Residential
GENERAL INFORMATION
Application
The applicant, Beaver Loop Sand & Gravel, LLC, has requested an amendment to Condition #7
of their Conditional Use Permit for Surface Extraction of Natural Resources granted by PZ2018-
09. Condition #7 states all fill materials must originally be from the same parcel. In order to
facilitate reclamation of the gravel pit, the applicant would like to haul in dirt and gravel from
other parcels along Beaver Loop Road. The initial permit was granted by PZ85-42. Extraction
PZ2019-44 Staff Report Page 2
has been occurring on the parcel for 40 years and before the City had zoning power. Resolution
PZ2018-09 transferred the permit to Beaver Loop Sand & Gravel, LLC from Mary J. Doyle. The
permit has been amended previously through Resolutions PZ03-32 (modified permit to include
storage), PZ05-35 (modified permit to allow extraction below the water table), and PZ16-39
(modified permit to account for a variance granted on setback requirements). City staff
conducted a site visit of the property as part of the annual review of conditional use permits for
surface extraction on October 8, 2019.
Public Notice, Public Comment
KMC 14.20.150(b) details application requirements for conditional use permits. City staff
received a request in writing to amend the conditional use permit and discussed the request
with the applicant. Pursuant to KMC 14.20.280, Public hearing and notifications, City staff
published notice of the public hearing in the Peninsula Clarion, notification was sent to adjacent
property owners within 300 feet, and notification was posted on the property. No public
comments have been submitted to the City about the amendment request as of November 7,
2019.
ANALYSIS
Kenai Municipal Code 14.20.150(h) Conditional use permits, Modification of final approval
KMC 14.20.150(h) states an approved conditional use permit may upon application by the
permittee be modified by the Planning and Zoning Condition to implement a different
development plan conforming to the standards for its approval. The applicant has requested the
condition limiting the source of fill materials be amended to allow for the use of off-site fill. This
amendment will help facilitate reclamation of the gravel pit.
The applicant discussed plans for reclamation of their gravel pit with the applicant during a site
visit on October 8, 2019. The applicant would like to use fill materials from a gravel pit also
along Beaver Loop Road as part of his reclamation plans. Other gravel pits along Beaver Loop
Road have done this as part of their reclamation. Other gravel pits do not have the restriction in
their permit that the fill must all come from the same site as the gravel pit. The intent of the
original condition was to keep hazardous materials out of the gravel pit. The applicant will still be
bound to that condition, but it is a reasonable request in line with the intent of the existing permit
conditions that not all of the fill from the same site.
Kenai Municipal Code 14.20.154 – Issuance of Permit for Surface Extraction of Natural
Resources
Criteria for the issuance of conditional use permit applications for surface extraction of natural
resources are outlined in KMC 14.20.154.
• 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.
PZ2019-44 Staff Report Page 3
• 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;
Criteria Met: The applicant obtained a variance 2016 for the setback requirements. The
gravel pit has been in operation for 40 years and the buffers were unintentionally breached
prior to the City assuming zoning powers. The analysis for that variance discussed the
western property line where the buffer had been breached borders another gravel pit (Twin
Rivers Resources, Inc. operated by Foster Construction). Pursuant to KMC 14.20.154, gravel
pit sites are not required to maintain setbacks between extraction sites. The excavation area
can be located within this property line, but water run-off must be maintained on the subject
parcel.
• 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 subject gravel pit is located off Beaver Loop Road and is not visible from
the road to the casual observer. Staff observed property lines during a site visit in October
2019. Adjacent parcels with residences are owned by family members of the applicant. The
western boundary is another gravel pit. The northern boundary is an undeveloped parcel
owned by the City of Kenai. The gravel pit is accessed by a secure gate. Fencing was fixed
surrounding the gravel pit as a City requirement in 2016.
• 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: City staff also confirmed the parcel 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. A
permit from the U.S. Army Corps of Engineers is not required.
• 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 operator also mentioned the intent to continue meeting the 2:1 slope
requirement for back slopes during a site visit with City staff. The current configuration met
this requirement and it is shown on the site plan.
• 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: PZ05-35 (PZ03-32) amended the existing Conditional Use Permit to allow for
gravel extraction below the water table with PZ05-35. As part of PZ05-35, Area 1 was
identified as having been excavated to the north property line prior to the city’s assumption of
zoning powers and the adoption of the Kenai Municipal Code. It was further discussed that
PZ2019-44 Staff Report Page 4
generally, non-conforming uses are not allowed to be enlarged or increased, pursuant to
KMC 14.20.050. However, under the “diminishing asset doctrine” as adopted by the Alaska
Supreme Court, excavation down into the water table would not be considered to enlarge or
increase the non-conformity of the use. The applicant identified on the site plan that Area 1
would be reclaimed as a lake, thus this area complied with Kenai Municipal Code.
As shown on the site plan dated June 21, 2005, Areas 2 and 3 were identified to be
excavated below the water table and then back filled with dirt. The applicant has found there
is not enough dirt on site to complete this reclamation and would like to use dirt obtained from
a neighboring pit. The condition for the fill to not contain hazardous materials would remain.
• 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 gravel pit is fenced on all sides and may only be accessed by a gate.
• 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 applicant intends to have a lake on the property and to reclaim the pits with
fill materials and eventually grass plantings so they may be used for other purposes. The
applicant is aware the zoning of the parcel is within the Rural Residential Zone of the City
and would comply with uses outlined in the Zoning Code.
• KMC 14.20.154(a)(9) The extraction does not destroy the land for the purposes for which it
is zoned;
Criteria Met: The applicant is actively reclaiming the pit while extraction is occurring.
• 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 potential detrimental effects.
• KMC 14.20.154(a)(11) The applicant is the owner of the subject property.
Criteria Met: The applicant is the owner of the subject property.
• KMC 14.20.154(a)(12) 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 in October 2019. Buffer limits are delineated
clearly on the site plan.
Kenai Municipal Code 14.20.150(d) – Review Criteria for Conditional Use Permits
The requirements of KMC 14.20.154 are specific to conditional use permits for surface
extraction of natural resources. KMC 14.20.150 contains requirements that apply to the
PZ2019-44 Staff Report Page 5
evaluation of all conditional use permits. The requirements of KMC 14.20.150 are reviewed as
follows:
• 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. It would not change the character of the neighborhood. This use
is consistent with the purposes and intent of the RR Zone.
• KMC 14.20.150(d)(2) The value of the adjoining property and neighborhood will not be
significantly impaired;
Criteria Met: Adjacent property to the west is a permitted gravel pit. The applicant has a
reclamation plan and the amendment to the permit will allow for it to be implemented. By
reclaiming the property with a lake and filling in other excavated areas, adjacent property and
the neighborhood will not be significantly impaired.
• 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.
• KMC 14.20.150(d)(4) Public services and facilities are adequate to serve the proposed use;
Criteria Met: The surface extraction is accessed by driveway off of Beaver Loop Road.
Adequate utilities are available to support the use.
• KMC 14.150(d)(5) The proposed use will not be harmful to the public safety, health or
welfare;
Criteria Met: The gravel pit is screened adequately and has a fence for safety. The extraction
will not be a safety concern or visual impairment. The applicant has plans for reclamation and
amending the permit will allow for their implementation.
• KMC 14.150(d)(6) Any and all specific conditions deemed necessary by the Commission to
fulfill the above-mentioned conditions should be met by the applicant. These may include, but
PZ2019-44 Staff Report Page 6
are not limited to, measures relative to access, screening, site development, building design,
operation of the use and other similar aspects related to the proposed use.
Recommended conditions are stated at the end of the report.
RECOMMENDATIONS
Staff recommends the Planning and Zoning Commission approve the application to amend the
conditional use permit granted by PZ2018-09 to remove the limitation that fill materials be from
the subject parcel. As such, Resolution PZ2019-44 would amend the conditions under PZ2018-
09 with New Text Underlined; [DELETED TEXT BRACKETED] as follows:
1. Prior to commencement of extraction of Natural Resources or any reclamation activities,
the Applicant shall obtain all necessary State and Federal Permits.
2. Prior to commencement of any extraction of Natural Resources or any reclamation
activities, the Applicant shall repair or replace any damaged fencing located on the rear
of the site.
3. Prior to commencement of any extraction of Natural Resources or any reclamation
activities, the Applicant shall submit a revised site plan which labels the area behind
Area 2 as Area 2A and ensures that the further subsurface extraction is limited to within
10 feet of the rear property line.
4. Excavation below the water table shall only be allowed in those locations marked Area 1,
Area 2, Area 2A and Area 3.
5. There shall be no further excavation below the water table in the Area located up to 10
feet from the rear property line behind Area 2. The final working face shall be back
sloped to minimum angle of 2:1.
6. The excavation may not penetrate the subsurface clay/silt layer located approximately
30 feet below the original ground surface.
7. If fill material is placed in the pits, it must [be fill material originally from this
approximately 52.5-acre site and it must] not contain any “hazardous substances,” or
“industrial waste,” “mining waste,” “solid waste,” or “other waste” as defined in Alaska
State Statues.
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
the driveway fronting onto Beaver Loop Road remain dust free. Dust control shall include
the daily use of a water truck and placement of Calcium Chloride on the driveway. 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 KMC 14.20.150(i)(5).
PZ2019-44 Staff Report Page 7
ATTACHMENTS
A. Resolution No. PZ2019-44
B. Formal Request to Amend Permit
C. Maps
D. Photo from October 8, 2019 Site Visit
E. Soil Testing and Site Plan Drawings
~~~\l\~~~S< RECEIVED
CITY OF KENAI
DATE \b/1:.(1°1 APl"LICATION FOR~DITIONAL USE PERMI
KMC 14.20.150 PLANNING DEPARTMENT
PROPERTY INFORMATION
DOCUMENTATION
Required Attachments: Completed Application Form
Site Plan/Floor Plan with Square Footage
$250 Fee (plus applicable sales tax)
KPB Tax Compliance (if applicable)
State Business License (if applicable)
AUTHORITY TO APPLY FOR CONDITIONAL USE:
I hereby certify that (I am) (I have been authorized to act for) owner of the property
described above and that I petition for a conditional use permit in conformance with
Title 14 of the Kenai Municipal Code. I understand that payment of the application fee
is nonrefundable and is to cover the costs associated with processing this application,
and that it does not assure approval of the conditional use. I also understand that
assigned hearing dates are tentative and may have to be postponed by Planning
Department staff of the Planning and Zoning Commission for administrative reasons. !
understand that a site visit may be required to process this application. City of Kenai
ersonnel are authorized to access the above-refer ro ert for the ur ose of
processing this application.
ate: ID -<b -d-0\C\
Revised 7/5/2017 Page 1of3
CONDITIONAL USE STANDARD (KMC 14.20.150)
The Planning and Zoning Commission may only approve the conditional use if the
Commission finds that the following six (6) standards are satisfied. Each standard
must have a response in as much detail as it takes to explain how your project
satisfies the standard. The burden of proof rests with you. Feel free to use
additional paper if needed.
The use is consistent with the purpose of this chapter and the purposes and intent of the
zoninQ district:
The value of the adjoininq property and neighborhood will not be siQnificantly impaired:
/; //11,<Jc, rk r r W1 I/ /f/OT /-ll)clc/lslj P r-~c:o-lk
~m1-ov-nl>'?J p~1 ~1Vif. .i::-r SlfoVIO MA-'(J:' / r t11o)'l..e ;/P-IJ17hlc
The prooosed use is in harmony with the Comprehensive Plan:
(J.Je i]elie\..f2/ rt.JJ·r ~ /f;r1J -lfe /loJc. I-EFT hWflll IVl, f>Jt,6 "-<h Jl
[?~ r"' /-/ 1:J 4kJt1 r.>n y w J ~ /he f I (:Jy\ ro f2.t:c_ f /91/"l ,-(,p fr r
Public services and facilities are adequate to serve the orooosed use:
c;r~ ~ f ov..:e1L. Ant:. CJ~ s ',_re 1 ~~}/'c ~ Se pr~ c_1 [/J/ /I &/01'1.JL
ro fll-OJ1De w~rG·L ~ 5t::w61-JZt:o;01retve;-->r./
The prooosed use will not be harmful to the public safety, health or welfare:
Revised 7/5/2017 Page 2 of 3
Any and all specific conditions deemed necessary by the Commission to fulfill the above-
mentioned conditions should be met by the applicant. These may include, but are not
limited to measures relative to access, screening, site development, building design,
operation of the use and other similar aspects related to the proposed use.
LAND USE
Describe current use of property covered by this application:
~~~Lf'1r
Surrounding property: (Describe how land adjacent to th~ property is currenz;;ing used)
North: /VO //.Sc -t>wneu /?j 1!17) 0F'"/(e;1~1 Nc-f -0
South: /2-oM-L j/, J 1iJeo 110 L
East: ~a._ /tr _, w~ l?t.M .. o~jf //,1.C.J·~
West: 61J.Ov~-C 10 r
PROCEDURES FOR PERMITS REQURING PUBLIC HEARINGS AND NOTIFICATIONS
The permit you have applied for may require Public Hearing and Notification under KMC
14.20.280. The Planning and Zoning Commission meets the 2nd and 4th Wednesday of each
month. To meet notice requirements , the Planning Department must rece ive your completed
application 21 days prior to the meeting when the Public Hearing is scheduled.
• Applications requiring Public Hearings must be filed no later than noon on the date of the
deadline.
• Home Occupations and Landscape/Site Plans do not require a Public Hearing.
• Allow up to 4 weeks for the permitting process.
• If required:
o The Fire Inspection Report must be received prior to processing the application.
o The Affidavit of Posting must be received 2 weeks prior to the hearing date in
order to schedule a public hearing.
o Resolutions cannot be issued until expiration of the 15-day appeal period.
o Resolutions cannot be issued until documentation is received that the certificate
of compliance is met.
WHEN YOU HAVE A COMPLETED APPLICATION, CALL 283-8237 TO SCHEDULE AN
APPOINTMENT WITH THE PLANNING DEPARTMENT TO REVIEW THE APPLICATION.
IF THE APPLICATION IS DETERMINED COMPLETE AND ACCEPTED, THE PUBLIC
HEARING FEE OF $125 PLUS TAX WILL BE COLLECTED. YOU WILL BE GIVEN A SIGN
TO POST AND AN AFFIDAVIT OF POSTING TO SIGN AND RETURN TO THE PLANNING
DEPARTMENT TO BEGIN PROCESSING THE APPLICATION.
Revised 7 /5/2017 Page 3 of 3
BEAVER LOOP RDTUNDRA ROSE LN
Date: 1 0/30 /2 019
The information depicted hereon is for graphic representationonly of the best available sources. The City of Kenai assumes no responsibility for errors on this map.
2369 Beaver Loop Road
04912051
Tract A-1Beaver Loop AcresAddition No. 1
Map for PZ2019-44(1:3,000 Scale).
0 300150 Feet
B E A V E R L O O P R D HOLLIER STGRAVEL STCONE AVE
BARABARA DRDate: 1 0/30 /2 019
The information depicted hereon is for graphic representationonly of the best available sources. The City of Kenai assumes no responsibility for errors on this map.
2369 Beaver Loop Road
04912051
Tract A-1Beaver Loop AcresAddition No. 1
Map for PZ2019-44(1:12,000 Scale).
0 1,10 0550 Feet
Well Drilling Log--.. -Kraxberger Drilling Inc. -----111 07) 262-4720
35055 Gas Well Road
CLIENTNAME: Moore.Tom
LEGAL 1: Lot 3
LEGAL2 : Beaver Loop Acres
PARCEL#:
ROADAREA: Beaver Loop Rd
CITY: Kenai
BUILDERNAME:
DEPTH: 102
DATE: 10/1/1993
DRILLER: RRK
YIELDGPM: 30
STATICLEVEL:-10
CASINGLENGTH : 105
CASINGSTICKUP:
0-2 gravel fill
2-4 topsoil & clay
4-12 sand & gravel
12-16 sticky blue clay ~
16-27 layers blue clay.silty sand l
27-30 gravel & clay j ,_,
30-52 hard sticky blue clay /
52-64 wet silty sand.clay )
64-75 hard sticky clay ~
75-79 artesian silty sand1/2gp
79-91 Blue Clay
91 -98 gravel & blue clay
98-101 silt,sand ,grv,water
101-102 water sand & gravel
(37' of 8" casing)
Soldotna, AK 99669
LOGID : 2193
PUMPINFO:
DIAMETER: 6
RIGTYPE: AR
CASINGTYPE:
GROUT:
WELLCOMPLETION: Flowed 5gpm
IRON PPM:
SCREEN:
CLASS:
LATITUDE:
LONGITUDE:
DRILLING REPORT:
Well Drilling Log -~--Kraxberger Drilling Inc. -----f007) 262-4720
3 5055 Gas Well Road
CLIENTNAME: Moffis,Don
LEGAL1:
LEGAL2:
PARCEL#:
Soldotna, AK 99669
LOGID: 2173
PUMPINFO:
ROADAREA: 2241 Beaver Loop
DIAMETER: 6
RIGTYPE:AR
CASINGTYPE:
CITY: Kenai
BUILDER NAME:
DEPTH: 101
DATE: 10/15/1990
DRILLER: SLK
YIELOGPM: 100
STATICLEVEL:-109
CASINGLENGTH: 103
CASINGSTICKUP:
0-9 sand & gravel
9-23 strks of water sand & grv
23-34 blue clay & sand -,
34-42 silt & clay streaks
42-53 blue clay (
53-71 silt & clay streaks / ...
71 -74 s ilt.fine sand & water
74-100 blue clay & gravel
100-101 Artesian Water gravel
GROUT:
WELLCOMPLETION : Flow 50gpm
IRON PPM:
SCREEN:
CLASS:
LATITUDE:
LONGITUDE:
DRILLING REPORT:
" ;.._, '3.1 (J e. " ~
. -~I
,~ ·tevJL/ t ()0(J Ct v-e_g
lb+-I
Vibra:rech
Wate r A nalysis Resul t s
Lab Sample # 28
Client: Buccaneer Energy I Weems Geophysical
Property Owner: Ms. Joann Doyle
Project: Kenai 3-D
Sample Taken By: R. Payne
Date Received (by Lab): 3/6/2012 Sample ID: 28
Time Received (by Lab): 11:30 :00 AM Date Sampled: 2/20/2012
Date Reported: 05/14/12 Time Sampled: 1:45:00 PM
Parameter Results MDL Units Date Analyst Method
Anal zed
Suspended Solids, Total 1 1 mg/L 4/10/2012 TT EPA160 .2
Conductivity 252 micromhos/cm 4/9/2012 TI SM2510A
pH 8.42 4/17/2012 TI SM4500HB
Alkalinity: Total 120 mg/L CaC03 4 /17/2012 TI SM2320B
(end po i nt 4 .59 pH)
Sulfate (as S04) <5 5 mg/L 4/12/2012 TT EPA300
Nitrate, Nitrogen <.5 0.5 mg/L 4/12/2012 TI EPA300
Iron , Total <.5 0 .5 mg/L 4/11/2012 TT SM31 11 B
Hardness, Total 10 10 mg/L CaC03 4/18/2012 TI EPA130.2
Arsenic 16.9 ug/L 3/7/2012 RM EPA/600/R-94/11 1
Co lor 40 Aleha Plat inum Colbalt 2/18/2012 RP EPA2120B
mg/L = milligrams per liter
MDL = Method Detection Limit
EPA= Environmental Protection Agency
SM= Standard Metl;!Q~ for the Examination of Water and Wastewater 20th Ed .
/ / ...
I n I I
' -. 1?
Approved by: ./: 14· ~7.!l Field Note :
National Primary and Secondary
Drinking Water Standards
Total Suspended Solids (TSS)
TSS is the measurement of solids suspended in water sample. Suspended solids are reta ined on a fi lter as water is
passed through filter and filter is dried and wei ghed to determine TSS .
MCL (Maximum Concentration Limit):
No MCL has been established by EPA, but drinking water should not contain TSS above 5 mg/L. High TSS could
increase the chance of bacteria being present .
Conductivity
pH
Conductivity is the measure of ions in water sample. The conductivity of most potable waters in the United States
ranges from 50 to 1500 µmhos/cm.
MCL: No MCL has been established by EPA
pH is the measure of hydrogen ion activity. The pH can indicate if the water is acidic or basic.
Secondary MCL:
6.5 to 8.5 A pH above or below this range can indicate that the water may be corrosive to pipes and fi xtures.
Total Alkalinity
Alkalinity of water is its acid-neutralizing capacity {or buffering capac ity).
MCL: No MCL has been established by EPA .
Sulfates
Sulfates is the measure of inorganic sulfates in water. Many sources may contribute to the sulfate level.
Secondary MCL:
250 mg/L Sulfate levels above MCL may give water a salty or bitter taste and cause a laxative effect on individuals.
Nitrates
Iron
Nitrates In water can occur naturally but can also be introduced from runoff from fertilizer use; leaching from septic
tanks, sewage, and erosion of natural deposits.
Primary MCL: _
10 mg/L Nitrates levels above MCL in water may have potential health effects to infants below the age of six months
who drink this water . Infant could become seriously ill and, if untreated, may die. Symptoms Include shortness of
breath and blue-baby syndrome.
Secondary MCL: 0.3 mg/I,. lron levels above MCL in water may make water have a rusty eolor; sediment; metallic
taste, or a redd ish or orange stain ing. -·
Total Hardness
Total Hardness is the measure of calcium and magnesium in water. The hi gher the concentration of calcium or
magnesium, the higher the Total Hardness in water sample.
MCL:_
No MCL has been established by EPA. Water with a Total Hardness above 160 mg/L Is considered very hard water.
Very hard water will cause problems in hot water using appliances. A Total Hardness below 50 mg/L indicates soft
water.
Arsenic
Arsenic is a semi-metal element in the periodic table . It is odorless and tasteless . EPA _has set the arsenic
standard for drinking water at 10 parts per billlon to protect against the long-term chron ic exposure of arsenic.
Results listed on the Vibra-Tech water analysis page are in parts per billion.
Reference: Environmental Protection Agency National Primary and Secondary Water Standards available online at
http://www.epa .gov/safewater/consumer.html
Laboratory Analysis Report
Kay Tauriainen
Tauriainen Engineering & Testing
35186 Spur Highway
Soldotna, AK 99669
Work Order:
Client:
Report Date:
1104235
Water Samples
Tauriainen Engineering & Testing
September 01, 2010
Forest
Taylor
d,....J .:t;t~ 2010.09.02
"""'°''""°_M_ 07:35:00
Enclosed are the analytical results associated with the above work order. All results are intended to be used in their entirety and SGS is not
responsible for use ofless than the complete report. If you have any questions regarding this report, or if we can be of any other assistance, please
contact your SGS Project Manager at 907-562-2343. All work is provided under SGS general terms and conditions
(<h!tp:/lw ww.sg.s com/tenns and conditions.ll tm> ), unless other written agreements have been accepted by both parties.
SGS maintains a formal Quality Assurance/Quality Control (QA/QC) program . A copy of our Quality Assurance Plan (QAP), which outlines this
program, is available at your request. The laboratory certification numbers are AK.00971 (OW Chemistry &. Microbiology) & UST--005 (CS) for
ADEC and AK.100001 for NELAP (RC RA methods: 1020A, 1311, 3010A, 30509, 3520C, 3SSOC. 5030B, 503SB, 6010B, 6020, 7470A, 74718,
80216, 8081B, 8082A. 8260B, 82700, 82700-S!M, 9040B, 9045C, 9056A, 9060A, AK!Ol andAK102/103). Except ns specifically noted, all
statements and data in this report are in conformance to the provisions set forth by the SGS QAP and, when applicable, the National
Environmental Laboratory Accreditation Program and other regulatory authorities. The following descriptors or qualifiers may be found in your
report: • The analyte has exceeded allowable regulatory or control limits.
B
CCV
CL
D
DF
DL
E
F
GT
ICY
J
JL
LCS(D)
LOO
LOQ
LT
M
MB
MS(D)
ND
Q
R
RPD
u
Surrogate out of control limits.
Indicates the analyte is found in a blank associated with the sample.
Continuing Calibration Verification
Control Limit
The analyte concentration is the result of a dilution.
Dilution Factor
Detection Limit (i.e., maximum method detection limit)
The analyte result is above the calibrated range.
Indicates value that is greater than or equal to the DL
Greater Than
Initial Calibration Verification
The quantitation is an estimation.
The analyte was positively identified, but the quantitation Is a low estimation.
Laboratory Control Spike (Duplicate)
Limit of Detection (i.e., 2xDL)
Limit ofQuantitation (i.e., reporting or practical quantitation limit)
Less Than
A matrix effect was present.
Method Blank
Matrix Spike (Duplicate)
Indicates the analyte is not detected.
QC parameter out of acceptance range .
Rejected
Relative Percent Difference
Indicates the analyte was analyzed for but not detected.
Note: Sample summaries which include a result for "Total Solids" have already been adjusted for moisture content
All DRO/RRO analyses are integrated per SOP.
SGS North Amerio• In c l!nv~onmente!D1vision 200 WesrPoHerDrivt Anohora o AK 99518 t 907 562.2343 907 S6i .S301
w ww ui .sss com Mtmber of SG S Group
SGS Ref.# 1104235001
Client Name
Project Name/#
Client Sample ID
Matrix
Tauriainen Engineering & Testing
Water Samples
Don Mof'fis Bathroom
Drinking Water
Sample Remarks:
Parameter Results
Metals by ICl?/MS
Hardness as CaC03 ND
Waters neeartment
Total Nitrate/Nitrite-N ND
Private Individual Anallsis
Alkalinity 112
Aluminum ND
Antimony ND
Arsenic 16.3
Barium ND
Cadmium ND
Calcium ND
Chloride 9.84
Chromium ND
C03 Alkalinity ND
Conductivity 258
Copper 2.82
Fluoride 0.222
HC03 Alkalinity 105
Iron ND
Lead 0.339
Magnesium 183
Manganese 4.63
Nickel ND
OH Alkalinity ND
1r
LOQ Units
!i.00 mg/L
0.100 mg/L
10.0 mg/L
20.0 ug/L
1.00 ug/L
5.00 ug/L
3.00 ug/L
0.500 ug/L
500 ug/L
0.100 mg/L
2.00 ug/L
10.0 mg/L
1.00 um hos/cm
1.00 ug/L
0.100 mg/L
10.0 mg/L
250 ug/L
0.200 ug/L
50.0 ug/L
1.00 ug/L
2.00 ug/L
10.0 mg/L
Printed Date/Time
Collected Date/Time
Received Datefl'ime
Technical Director
Method Container ID
SM202340B B
SM20 4500N03-F A
SM202320B c
EP200.8 B
EP200 .8 B
EP200.8 B
EP200.8 B
EP200.8 B
EP200.8 B
EPA300.0 c
EP200.8 B
SM202320B c
SM20 2SlOB c
EP200.8 B
EPA 300.0 c
SM202320B c
EP200.8 B
EP200.8 B
EP200.8 B
EP200.8 B
EP200.8 B
SM20 2320B c
09/01 /2010 15:24
08/16/2010 12:00
08/18/2010 9:30
Stephen C. Ede
Allowabl e Prep Analysis
Limits Date Date I nit
08119/10 08123/10 KDC
08/18/10 A YC
08 /18/10 LP
08/19/10 08123/10 KDC
(<6) 08/19/10 08 /23 /10 KDC
(<10) 08119/10 08/23/10 KDC
(<2000) 08/19/10 08/23110 KDC
(<S) 08 /19/10 08123 /10 KDC
08/19/l 0 08/23 / l 0 KOC
(<250) 08121/10 08/21/10 SDP
(<100) 08 /19/10 08/23/10 KDC
08/18/10 LP
08/18/10 LP
(<1300) 08/19/10 08123/10 KDC
(<2) 08/21 /10 08/21 /10 SDP
08/18/10 LP
(<300) 08119/ 10 08123/10 KDC
(<IS) 08/1 9/10 08/23/l 0 KOC
08/19/10 08/23/l 0 KOC
(<50) 08/19/10 08 /23110 KDC
(<100) 08/19/10 08/23 /10 KOC
08 /18 /10 LP
SGS Rd.#
Client Name
Project Name/#
Client Sample ID
Matrix
Parameter
1104235001
Taur!ainen Engineering & Testing
Water Samples
Don Moffls Bathroom
Drinking Water
Results
Pr:ivate Individual Anal;y:eia
--pH 8.60 ..
Selenium ND
-Silver ND -
Sodium 56100
Sulfate 1.98
Thallium ND
Total Dissolved Solids 177
Z inc ND
LOQ Units
0.100 pH units
5.00 ugfL
l.00 ugfL
500 ugfL
0.100 mgfL
1.00 ugfL
10.0 mg/L
5.00 ugfL
Printed Dateffime
Collected Date/Time
Received Date/Time
Tei:bnical Director
Method Container ID
SM20 4500-H B c
EP200.8 B
EP200.8 B
EP200.8 B
EPA 300.0 c
EP200.8 B
SM20 2540C c
EP200.8 B
09/0l/2010 15:24
08/16/2010 12 :00
08/18/2010 9:30
Stephen C. Ede
Allowable Prep Analysis
Limits Date Date
(6.5-8.5) 08/18/10
(<50) 08/19/10 08/23/10
(<100) 08/19/10 08/23/10
(<250000) 08/19/10 08/23/10
(<250) 08121/10 08/21/10
(<2) 08/19/10 08/23/10
(<500) 08/18/10
(<5000) 08119/10 08/23/10
!nit
LP
KDC
KDC
KDC
SDP
KDC
JJR
KOC
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