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HomeMy WebLinkAboutRESOLUTION 1975-54____.~_ ..___ _ _ _ _ _ *,1._ r. _ __ - -- CITY (1F KF.tiAi RF.SOLUTTnN N(1. 75-54 A RESOLUTION REQUESTING THAT THE KF.NAI PRNINSULA Rf1ROUGH ASSF.MRLY AMEND THE ZONING ORDINANCE FC)R THF. KFNAI MUNICIPAL iIISTRICT Tn PR(1VI11F. FOR THE REGULATION OF SURFACE EXTRACTinN nF NATURAL RES(1URCF,S WITHIN THE CITY OF KENAI . WHEREAS, the Council of the City of Kenai has determined that there is a need for specific regulations covering the operation of gravel pits in the Gity of Renai, and WHEREAS, the Kenai Advisory Planning Commission, after request of the Council, has developed a set of regulations regarding the operation of gravel pits and the surface extraction of natural resources generally , and WHEREAS, the Council has determined that the regulations would be effected most appropriately by being included in the Zoning Ordinances of the City of Kenai, and WHEREAS, only the Assembly of the Kenai Peninsula RorouQh has the power to amend the zoning ordinances for the City of Kenai . .NOW, THEREFORE, BE IT RESf1LVED by the Council of the city of uenai that: Section 1. The following regulations regarding surface extraction of natural resources of Kenai are hereby approved by the Council of the t`ity Kenai. Section 2. The Council of the City of Kenai hereby requests that the Assembly of the Kenai Peninsula Rorough amend Chapter 21.76 of the Kenai Peninsula Borough Code of Ordinances: a . By amending the first sentence of sub-section 21.76.140 . A . 2 . to read as follows (leaving sub-paragraphs a. and b. unchanged): 2. Development and extraction of natural resources which can be mined underground without substantially disturbing the surface of the land may be permitted together with necessary buildings and apparatus provided that the follow- ing conditions are met: b . By adding a new sub-section 21.76.140. R . 3 . which would read in its entirety as follows: 3. Surface extraction of natural resources may be permitted provided that the standards set out in Section 21.76.144 are met and the procedures set out in Sections 21.?6.141 to 21.76.148 are followed. The usual procedures for conditional use permits contained in Section 21.76.220 of this capter shall not be applicable to conditional use permits for the surface extraction of natural resources . T _''~ _' ~~ _ ___ _ __ _ _ _ _ _ ~ v. • -• ~. Resolution No. 75-5 c. By adding new sections 21.76.141 throuEh 21.76.149 which would read in their entirety as follows: Section 21.76.141 Application for Conditional Use Permit for Surface Extraction of Natural resources An application for a Conditional Use Permit to engage in the surface extraction of natural resources shall be in writing on a form supplied by the City of Kenai and shall be filed with the Adminis- trative Official as defined by Section 21.76.200.A. of this Chapter along with the requisite fees. All applications shall be accompanied by the following- documents and information 1. A site plan. drawn to scale, containing the following: a. Graphic (and legal) description of the proposed area, including dimensions in feet and number of acres or square feet. b . Existing topographical contours with not less than 10 foot contour intervals. c . Proposed Finished topographical contours (when extraction is completed) with not less than 10 foot contour intervals. d . Existing and proposed buildings and structures on the site . e. Principal access points which will be used by trucks, and equipment including ingress and egress points and internal circulation, especially the haul road from the public road to the proposed site of the pit. f. Indication of the existing landscape features, including cleared areas, wooded areas, streams, lakes, marsh areas and so forth . g. Location and nature of other operations, if any, which are proposed to take place on the site. 2. A narrative statement containing the following information: a . Soil surveys with reference to the average year around water table throughout the entire acreage. Piezometers may be used to determine an average water depth. b. Estimated amount of material to be removed from the site over the entire period of operation . c. Estimated length of time to complete the operation, or, if the pit is to be operated on a contract basis, a statement to that effect. d . Proposed hours of operation . e. Method of fencing or barricading the petition area to -2- ~e Resolution No. 75-54 prevent casual access. f . Amount and location of natural screening provided by trees and vegetation, if any, between the property lines and proposed site of pit . g. Plans, if any, to construct artificial screening. h. Description of operations or processing which will take place on the site during and after the time the material is extracted. i . Plan or program of regrading and shaping the land for future use. j . Method of back-filling and/or replacing top soil. k:. Proposed future use of the land after resources extracted, including a proposed development plan showing location o, hous~,a. parks, lakes, etc. 1. Other information which may pertain to the particular site. 3. Proof that the applicant has obtained or is eligible to obtain the necessary licenses required by State or Federal agencies . 4. Proof that the applicant is the owner of the subject property A~ong with a statement that the applicant will be conducting the extraction operation, or if he does not so intend, the names and addresses of the contractor or contractors who will be con- ducting the operation . Section 21.76.142 Review of Aq~lication for Conditional Use Permit for Surface Extraction of Natural Resources. The Administrative Official shall place the application for conditional use permit on the agenda of the Kenai Advisory Planning and Zoning Commission (hereinafter called "Kenai Planning Commission") for the first meeting of the Commission for which it is eligible based on the date of filing with the Secretary and the applicable rules of the Commission at that time. At that meeting the Commission shall review the application and accompanying information and shall determine it it meets the requirements of Section 20.30.181 hereof. If the requirements have not been met the Commission shall specify the deficien- cies therein and shell request that a supplement to the application be filed. The Commission may, in its discretion, request additional information per- tinent to the particular site to be supplied by the applicant. Ouch additional information shall not be requested unless it can be obtained by the applicant at A reasonable cost. The issue of reasonable coat may be appealed by the applicant directly to the Board of Adjustment before further proceeding by the Kenai Planning Commission . -3- ~~ r ~• f :ter _ _ , .~ I~w Resolution No. 75-54 Section 20.76.143 Hearing on for Surface Extraction of Natu ~ - f=• for The Kenai Planning Commission shall hold a public hearing on the application at the first regular meeting following the meeting at which their initial review was made, if no additional information is requested, or, if additional information is requested, at the first meeting following a determination by the Commission that the supplement to the application contains the requested information . Official notice of the date of hearing shall be mailed to the applicant not less than 10 days before the date of the hearing. In addition the Kenai Planning Commission shall cause to be sent to each owner of property within a distance of 300 feet of the exterior boundarq o! the lot or parcel described in such application notice of the time and place of the public hearing . Such notice shall contain a description of the properly, a map showing the approximate location of the proposed surlece extraction, and a statement as to the nature of the proposed extraction ope.•ration. For the purpose of this section. "property owner" means that owner shown on the latest tax assessment roII. ' Section 21.76.144 Issuance of Conditional Use Permit for Surface Extraction of Natural Resources A . On the basis of the application with accompanying information , any supplemental information Piled, and such information as may be presented at the public hearing provided for in Section 21.76.143, the Kenai Planning Commission shall make a determination as to whether each of the following requirements has been met: 1. The application is in substantial compliance with the requirements of Section 21.76.141 of this chapter. •~ 2. The boundaries of the proposed excavation at its greatest dfinen*ions, including back slopes, are at least 200 feet from any road or public right of way and at least 150 feet from other surrounding property lines. -4- Resolution No. 75-54 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, site plan must provide for artificial screening. 4. Site plan provides that back slopes be a minimum of a 2:1 slope .except for the immediate ~nrorking Pace. 5. 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 wY~ere proposed future development plan provides for a lake on the site of the excavation . 6. If excavation is to be below the water table and site is likely to endanger the public safety, the site plan provides _ for fencing of the work area . 7. Proposed use of land after extraction i~ completed is feasible and realistic and is a use permitted in the zone in which the property is located. 6. The extraction does not destroy the land for the purposes for which it is zoned . 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 . 10. Applicant is the owner of the subject property. If the Kenai Planning Commission determines that a13 requirements have been met, the Commission shall direct the Administrative Official to issue a condi- tional use permit to the applicant. The permit shall be issued for an indefinite period and shall be subject to the provisions of Sections 21.76.145 through 21.76.148 hereof and shall so state . B . The permit may be expressly conditioned by the Commission upon the erection of artificial screening. If the permit is so conditioned, -5- T1 r Resolution Na. 75-54 the Planning Commission shall specify the type of screening to be erected . Such screening shall obscure the entire extraction operation from view from ar~y public roadway or inhabited area and shall be compatible with the general character of the neighborhood. No extraction of resour~ses can place until the artificial screening provided for has been erected and approved by the Kenai Planning Commission . C . Appeals from decisions of the Kenai Planning Commission hereunder shall be made in accordance with the provisions of 21.76.230-240 of this Chapter. Section 21.76.145 Operation b Surface Rxtraetion Permit Holders During the period of the conditional use permit the permit holder shall comply with the following provisions: i . The pit shall be operated substantially in accordance with the site plan and statements that accompanied the application for conditional use permit, as such may be amended from time to time in accordance with Section 21.76.158 of this chapter. 2. The permit holder shall submit a yearly report to the Administrative Official within thirty days of the anniversary of the issuance of the conditional use permit. Such report shaII show the area which has been cleared during the previous year, the current working area and any area which has been reclaimed or partially reclaimed, ar_d shall state the quantity of material which was actually removed during the preceding work year . The report shall also contain projections of the same information for the next work year . 3. No part of the extraction operation is visible from public roadways or inhabited areas. Section 21.76.146 Yearly Review of Surface Extraction fiperation The Administrative Official shall review the operations of the permit holder each year within sixty days of the anniversary of the issuance of the conditional use permit to determine whether such permit holder is in compliance with the provisions of Section 21.76.145. He shall compile a report based on his review and shall submit his report along with the report of the permit holder under Section 21.76.145 to the Kenai Planning Commission . Section 21.76.147 Termination of ~ Surface F.xtraetion Permit A. If the Administrative Official determines, based on his yearly review or any other investigation undertaken by him , that the conduct of -6- ------r--i- -- ~t -. - Resolution No. 75-54 -__ _ __. ... __... .. c ___J6 the operation is not in compliance with the provisions of 21.76.145 , he may revoke the permit. Ne shall not revoke the permit, however, unless and until the permit holder has been notified of the violation and ~-iven a reasonable opportunity to correct it. In the event that a pit is unused for a period of three years, the Administrative Official may revoke the Conditional Use Permit. B . Appeals from decisions of the Administrative official hereunder shall be made in accordance with the provisions of Sections 21.76.230 - 240 of this Chapter. Section 21.76.148 Amendment or Transfer of Permit A. No conditional use permit issued hereunder shall be transferred until the proposed transferree 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 s4 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 . B . A permit holder may amend his site plan and statements bq filing an application for amendment in writing with the Secretary of the Kenai Planning Commission. The Commission shall approve the application for amendment if the original application would have been approved had it containec! the provisions of the application for amendment. Section 21.76.149 Penalties for Violations of Surface A..xtraction Provisions For any and every violation of the provisions of Sections 21.76.141 through 21.76.148 hereof the permit holder, or any agent or contractor of his, or any other person, shall be subject to a civil penalty of not more than $500.00. Each and every day that such violation continues shall be deemed a separate and distinct violation . -?- ~ ~° 1 ~ ~. .^~ Resolution No. 75-54 d . By amending Section 21.76.220.A . by adding a sentence to the end thereof which would read as follows: The provisions of this section shall nct apply to applications for conditional use permits for the surface extraction of natural resources. PASSED BY THE COUNCIL OP THE CITY OF KENAI, ALASKA, this `~~L day of ~E~2ud /l ~, , 1976 . CITY OF KENAI, ALASKA ` J ES A. ELSON, Mayor ATTEST: Sue .Peter. City Clerk ~, ~~ s.~ ~ ~ .~ f ~ ~ - =r~