HomeMy WebLinkAboutResolution No. PZ2026-22KENAI
CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION NO. PZ2026-22
A RESOLUTION GRANTING A CONDITIONAL USE PERMIT FOR THE EXTRACTION OF
NATURAL RESOURCES.
APPLICANT: Colaska, Inc., dba QAP
PROPERTY ADDRESS: No Physical Address
LEGAL DESCRIPTION: Lot 2, Beaver Loop Acres Addition No. 3 Subdivision
KENAI PENINSULA BOROUGH PARCEL NUMBER: 04901069
WHEREAS, a complete application meeting the requirements of Kenai Municipal Code 14.20.150
was submitted to the City on May 5, 2026; and,
WHEREAS, the applicant has demonstrated that the prerequisites of a Conditional Use Permit
have been met pursuant to Kenai Municipal Code (KMC) 14.20.150; and,
WHEREAS, the applicant has demonstrated that the prerequisites of a Conditional Use Permit
have been met pursuant to KMC 14.20.151 through KMC 14.20.158; and,
WHEREAS, the City of Kenai Planning and Zoning Commission conducted a duly advertised
public hearing on July 29, 2026, following requirements outlined in. Kenai -.Municipal Code
14.20.280 for public hearings and notifications.
WHEREAS, the Planning and Zoning Commission finds:
1. KMC 14.20.154(a)(1) The application is in substantial compliance with the requirements
of this chapter.
a. Findings: This application is in substantial compliance with the requirements of this
chapter. The applicant has demonstrated the proposed use meets the
requirements for boundaries, assuming the variance permit is granted, 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 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.
a. Findings: The applicant has provided two versions of the boundaries for staff to
review. The initial set delineates the 200-foot setback from all roads and public
rights -of -way and a minimum of 150 feet from other surrounding property lines,
except for the adjoining Lot 3, which is also being heard for a CUP at this meeting
through Resolution PZ 2026-23. The applicant also showed alternatives, based on
Resolution No. PZ2026-22
Page 2 of 6
a variance for a full project at this location. Those boundaries depend upon the
variance permit application submitted in conjunction with the conditional use permit
being granted. If granted, there will be a fifty -foot (50') setback to public right of
way, fifty -foot (50') setback to adjacent property lines, zero -foot (0') setback to
adjoining property line, Lot 3 Beaver Loop Acres Addition Number 3, and
excavation in the water table. The excavation slopes will be one (1) vertical to one
(1) horizontal, as shown on page C5 of the submitted site plan.
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;
a. Findings: The proposed extraction site is north of an adjacent gravel pit and is not
visible from Beaver Loop Road, additionally, there is a tree line creating a natural
barrier to the south of both pits. There are no inhabited areas in the nearby vicinity
to warrant the necessity of additional or artificial screening to be required.
Properties located north of the proposed gravel pits (near the Kenai Golf Course)
are over 30 feet higher in elevation and it is not feasible to add additional screening.
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 (0.25,o') annual
chance flood zone (five hundred (500) year floodplain, and high -hazard coastal areas;
a. Findings: City staff has confirmed the subject parcel is outside of the regulatory
flood plain and 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. The current
classification for the project location, as designated by FEMA's latest floodplain
maps dated February 28, 2025, is X-U, which is "Undefined". The City of Kenai's
Floodplain Administrator has reviewed the application and has no comments.
5. KMC 14.20.155(a) (5) The site plan provides that back slopes be a minimum of a 2:1 slope,
except for the contiguous working face;
a. Findings: Site plans submitted by the applicant show that reclamation will be a
continuous process including sloping the sides of the excavation 2:1 or flatter along
buffer zones and inactive work areas, a four inch (4") minimum of topsoil mix,
organic clearing debris, and seeding as necessary to contain erosion.
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;
a. Findings: Applicant states that it is anticipated that much of the gravel extraction
will occur below the water table. The final configuration of the site will be similar to
most gravel pits in the area with ponds forming in areas worked below the water
table and haul routes adapting as the site is further developed. The final
development plan envisions a lake on site and the reclamation of shorelines. This
will include grass or other vegetation and constructing locations for houses or RV
parking spots around the ponded area.
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;
a. Findings: Applicant states that casual access is not anticipated as the proposed
site is rural and surrounded by large tracts of wetlands to the north, and other
Resolution No. PZ2026-22
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material sites to the east, west, and south. The applicant plans to construct berms
as ponds are created during operations to prevent vehicles, equipment, people, or
animals from going into the water. Staff does not anticipate that the site will present
any danger to public safety.
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;
a. Findings: The proposed extraction site will be operated on a continuing basis for
approximately four (4) years and then on an as -needed basis until the site is
exhausted; Applicant estimates this time frame to be fifteen (15) years in total. With
the majority of the gravel being located below the water table, the final
development would be to reclaim the shorelines of the ponds, establish grass or
other vegetation, and construct locations for houses or RV parking sites around
the ponded areas. Site reclamation will include grading and re -contouring
backslopes using overburden and topsoil to a condition that allows for re-
establishment of natural vegetation and seeding. The parcel does not currently
have any existing structures and there are no plans for any permanent structures
to be added. Anything that is stored will be temporary and moveable. Staff finds
this adequately addresses a feasible and realistic use of the land once extractions
of natural resources on the site cease.
9. KMC 14.20.154(a)(9) The extraction does not destroy the land for the purpose for which
it is zoned;
a. Findings: City staff have 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.
Applicant notes equipment and construction debris will not be disposed of in
surface water. The applicant also plans to seed slopes with plants suitable for
Alaska conditions and will limit erosion and dust that could affect the landscape.
As stated in the previous criteria, no permanent structures are planned to be
erected which will leave the parcel vacant and ready for future development. An
example of successful reclamation can be found in the Lake at Kenai subdivision
east of this project along Beaver Loop Road.
10. 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;
a. Findings: The majority of the parcels surrounding the subject lot are also utilized
as material extraction sites and there are no residential properties in the immediate
area. The City, and residents of, will benefit from an additional local gravel source
from this location.
11. KMC 14.20.154(a)(11) The applicant is the owner of the subject property.
a. Findings: The proposed parcel was recently conditionally sold by the City of Kenai
in the 2026 Land Sale Auction to Colaska, dba QAP. The applicant is petitioning
on behalf of the owner of the subject property to satisfy a condition of sale.
12. 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.
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a. Findings: The submitted site plan adequately and clearly shows the proposed
clearing limits. Prior to application being deemed complete City Staff will meet with
the applicant at the site to ensure that proposed clearing will align with those
submitted on the site plan.
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;
a. Findings The Rural Residential (RR) Zone land use classification is defined in
KMC 14.20.080 as:
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 predominately 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 conditionally permitted use and can be consistent with the intent
of the residential zone, especially when the reclaimed property is developed to allow
for future residential uses. The proposed extraction is adjacent to existing permitted
gravel pits and vacant lots. It would not change the character of the neighborhood.
This use is consistent with the current development and once reclaimed, will mee the
purpose and intent of the RR Zone.
14. KMC 14.20.150(d) (2) The economic and noneconomic value of the adjoining property and
neighborhood will not be significantly impaired,
a. Findings: Adjacent property to the north is undeveloped wetlands owned by the
City of Kenai and Alaska DNR. Adjoining properties to the east, west, and south
are all material sites. Staff does not find that the value of adjoining properties or
neighborhood will be significantly impaired as it aligns with the current uses of the
immediate area and existing haul routes off Lot 2 will meet up and follow existing
routes.
15. KMC 14.20.150(d)(3) The proposed use is in harmony with the Comprehensive Plan;
Findings: The 2016 Imagine Kenai 2030 Comprehensive Plan classifies the subject
property as "Parks, Recreation, & Open Space" defined as intended for:
Public recreational facilities, as well as undeveloped lands that provide for the
conservation of natural or scenic resources. These areas can be used for a variety of
passive and active outdoor and indoor sports and recreational activities. Areas that may
be suitable for future natural resource development may be included in this category.
The location of the pit minimizes the potential for conflict with neighbors as it fits with the
pattern of land use along the north side of Beaver Loop Road. Therefore, staff finds the
proposed use would be consistent with the intended purpose of the Comprehensive Plan.
In Imagine Kenai 2030 Comprehensive Plan, Chapter 6, "Goals, Objectives, and
Implementation", several goals and objectives are met from the proposed use.
Goal 2 — Economic Development is to provide economic development to support the
fiscal health of Kenai.
Objective ED-1
STAFF REPORT
PLANNING &ZONING DEPARTMENT
KENAi
TO: Planning and Zoning Commission
FROM: Kevin Buettner, Planning Director
THROUGH: Jessica See, Planning Technician
DATE: July 16, 2026
SUBJECT: Resolution PZ2026-22 — Conditional Use Permit — Extraction of Natural
Resources
Request The Applicant is Requesting a Conditional Use Permit for the Extraction
of Natural Resources
Staff Adopt Resolution PZ2026-22 Granting a Conditional Use Permit for the
Recommendation Extraction of Natural Resources
Property Owner: City of Kenai
Petitioner Nick Staller
Representative
Legal Description: Lot 2, Beaver Loop Acres Addition No. 3 Subdivision
Property Address: No Physical Address
KPB Parcel No.: 04901069
Lot Size: 28.45
Zoning: Rural Residential
Current Use: Vacant / Undeveloped
Land Use Plan: Parks, Recreation, and Open Space
The applicant has applied for a conditional use permit, and a variance permit for the construction
and operation of a gravel pit, and extraction within the setback, for the proposed Surface
Extraction of Natural Resources pursuant to KMC 14.20.151 — KMC 14.20.158. The proposed
extraction site will be owned and operated by Colaska Inc, dba QAP. In addition to the subject lot,
Colaska also owns Lot 3 to the east and the 60 acres immediately east and southeast of Lot 3.
Those parcels will be utilized to access the proposed material site from Beaver Loop Road.
The applicant is requesting that the CUP allow for excavation below the water table, stating it is
a common practice in the area and there is active excavation below groundwater at adjacent
material sites.
In conjunction with the conditional use permit, the applicant is requesting a variance to KMC
14.20.154 regarding buffers to the public rights -of -way and property lines due to the use of
adjacent properties as material sites. The variance requested is a 50-foot buffer to the north,
south, and west and a 0-foot buffer on the adjoining property line of Lot 2 and Lot 3. These
variances will be heard later in this meeting as separate resolutions.
ANALYSIS
Criteria for the issuance of a conditional use permit for surface extraction of natural resources are
outlined in KMC 14.20.154 — Issuance of a Permit for Surface Extraction of Natural Resources.
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, assuming the variance permit is granted, back slopes, public safety, and the
need for gravel within the City.
KMC 14.20.154(a)(2) 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.
Criteria Met: The applicant has provided two versions of the boundaries for staff to review. The
initial set delineates the 200-foot setback from all roads and public rights -of -way and a minimum
of 150 feet from other surrounding property lines, except for the adjoining Lot 3, which is also
being heard for a CUP at this meeting through Resolution PZ 2026-23. The applicant also
showed alternatives, based on a variance for a full project at this location. Those boundaries
depend upon the variance permit application submitted in conjunction with the conditional use
permit being granted. If granted, there will be a fifty -foot (50') setback to public right of way, fifty -
foot (50') setback to adjacent property lines, zero -foot (0) setback to adjoining property line, Lot
3 Beaver Loop Acres Addition Number 3, and excavation in the water table. The excavation
slopes will be one (1) vertical to one (1) horizontal, as shown on page C5 of the submitted site
plan.
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 proposed extraction site is north of an adjacent gravel pit and is not visible
from Beaver Loop Road, additionally, there is a tree line creating a natural barrier to the south
Resolution No. PZ2026-22
Conditional Use Permit
Extraction of Natural Resources
Page 2 of 7
of both pits. There are no inhabited areas in the nearby vicinity to warrant the necessity of
additional or artificial screening to be required. Properties located north of the proposed gravel
pits (near the Kenai Golf Course) are over 30 feet higher in elevation and it is not feasible to
add additional screening.
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 has confirmed the subject parcel is outside of the regulatory flood plain
and 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. The current classification for the project location, as
designated by FEMA's latest floodplain maps dated February 28, 2025, is X-U, which is
"Undefined". The City of Kenai's Floodplain Administrator has reviewed the application and has
no comments.
KMC 14.20.155(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., Site plans submitted by the applicant show that reclamation will be a continuous
process including sloping the sides of the excavation 2:1 or flatter along buffer zones and
inactive work areas, a four inch (4") minimum of topsoil mix, organic clearing debris, and seeding
as necessary to contain erosion.
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: Applicant states that it is anticipated that much of the gravel extraction will occur
below the water table. The final configuration of the site will be similar to most gravel pits in the
area with ponds forming in areas worked below the water table and haul routes adapting as the
site is further developed. The final development plan envisions a lake on site and the
reclamation of shorelines. This will include grass or other vegetation and constructing locations
for houses or RV parking spots around the ponded area.
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: Applicant states that casual access is not anticipated as the proposed site is rural
and surrounded by large tracts of wetlands to the north, and other material sites to the east,
west, and south. The applicant plans to construct berms as ponds are created during operations
to prevent vehicles, equipment, people, or animals from going into the water. Staff does not
anticipate that the site will present any danger to public safety.
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 extraction site will be operated on a continuing basis for
approximately four (4) years and then on an as -needed basis until the site is exhausted;
Applicant estimates this time frame to be fifteen (15) years in total. With the majority of the
gravel being located below the water table, the final development would be to reclaim the
shorelines of the ponds, establish grass or other vegetation, and construct locations for houses
Resolution-No..-PZ2026-22
Conditional Use Permit
Extraction of Natural Resources
Page 3 of 7
or RV parking sites around the ponded areas. Site reclamation will include grading and re -
contouring backslopes using overburden and topsoil to a condition that allows for re-
establishment of natural vegetation and seeding. The parcel does not currently have any
existing structures and there are no plans for any permanent structures to be added. Anything
that is stored will be temporary and moveable. Staff finds this adequately addresses a feasible
and realistic use of the land once extractions of natural resources on the site cease.
KMC 14.20.154(a)(9) The extraction does not destroy the land for the purpose for which
it is zoned;
Criteria Met: City staff have 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. Applicant notes equipment and
construction debris will not be disposed of in surface water. The applicant also plans to seed
slopes with plants suitable for Alaska conditions and will limit erosion and dust that could affect
the landscape. As stated in the previous criteria, no permanent structures are planned to be
erected which will leave the parcel vacant and ready for future development. An example of
successful reclamation can be found in the Lake at Kenai subdivision east of this project along
Beaver Loop Road.
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;
Critieria Met: The majority of the parcels surrounding the subject lot are also utilized as material
extraction sites and there are no residential properties in the immediate area. The City, and
residents of, will benefit from an additional local gravel source from this location.
KMC 14.20.154(a)(11) The applicant is the owner of the subject property.
Criteria Met: The proposed parcel was recently conditionally sold by the City of Kenai in the
2026 Land Sale Auction to Colaska, dba QAP. The applicant is petitioning on behalf of the
owner of the subject property to satisfy a condition of sale.
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: The submitted site plan adequately and clearly shows the proposed clearing limits.
Prior to application being deemed complete City Staff will meet with the applicant at the site to
ensure that proposed clearing will align with those submitted on the site plan.
REVIEW CRITERIA FOR CONDITIONAL USE PERMIT
Pursuant to KMC 14.20.150(a), the intent of a conditional use permit is to allow some uses that
may be compatible with the designated principal uses in specific zoning districts provided certain
conditions are met. Prior to granting a conditional use permit, the Commission shall determine
that the identified criteria as outlined in KMC 14.20.150(e) Conditional Use Permits are met.
Criteria 1 - The use is consistent with the purpose of this chapter and purposes and intent
of the zoning district.
Resolution No. PZ2026-22
Conditional Use Permit
Extraction of Natural Resources Page 4 of 7
Findings: The property is within the Rural Residential (RR) Zone. Pursuant to KMC 14.20.080,
the intent of the zone is intended 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 predominately 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 conditionally permitted use and can be consistent with the intent of the
residential zone, especially when the reclaimed property is developed to allow for future
residential uses. The proposed extraction is adjacent to existing permitted gravel pits and vacant
lots. It would not change the character of the neighborhood. This use is consistent with the current
development and once reclaimed, will mee the purpose and intent of the RR Zone.
Criteria 2: The value of the adjoining property and neighborhood will not be significantly
impaired;
Findings: Adjacent property to the north is undeveloped wetlands owned by the City of Kenai
and Alaska DNR. Adjoining properties to the east, west, and south are all material sites. Staff
does not find that the value of adjoining properties or neighborhood will be significantly impaired
as it aligns with the current uses of the immediate area and existing haul routes off Lot 2 will meet
up and follow existing routes.
Criteria 3: The proposed use is in harmony with the Comprehensive plan;
Findings: The 2016 Imagine Kenai 2030 Comprehensive Plan classifies the subject property as
"Parks,_ Re creation, & Open Space" defined as intended for:
Public recreational facilities, as well as undeveloped lands that provide for the
conservation of natural or scenic resources. These areas can be used for a variety of
passive and active outdoor and indoor sports and recreational activities. Areas that may
be suitable for future natural resource development may be included in this category.
The location of the pit minimizes the potential for conflict with neighbors as it fits with the pattern
of land use along the north side of Beaver Loop Road. Therefore, staff finds the proposed use
would be consistent with the intended purpose of the Comprehensive Plan.
RELEVENT GOALS
In Imagine Kenai 2030 Comprehensive Plan, Chapter 6, "Goals, Objectives, and Implementation",
several goals and objectives are met from the proposed use.
Goal 2 — Economic Development is to provide economic development to support the fiscal health
of Kenai.
Objective ED-1
Promote projects that create workforce development opportunities
Goal 3 — Land Use is to develop land use strategies to implement a forward -looking approach to
community growth and development.
Objective LU-1
Establish siting and design standards so that development is in harmony and scale
with surrounding uses.
Objective LU-11
Resolution No. PZ2026-22-
Conditional Use Permit
Extraction of Natural Resources
Page 5 of 7
Where feasible, consolidate access to and between land uses via frontage roads or by shared
driveways onto main streets/highways.
Criteria 4: Public services and facilities are adequate to serve the proposed use.
Findings: Colaska owns 60 acres immediately east and southeast of the subject lot. These
parcels will be utilized to access the proposed material site from Beaver Loop Road. This does
not increase the amount of potential conflict points along Beaver Loop Road and effectively
consolidates the additional traffic flow to one shared access point. Additionally, the applicant will
have sufficient sanitation facilities located on site. City Staff finds that the proposed services and
facilities are adequate to serve the proposed use.
Criteria 5: The proposed use will not be harmful to the public safety, health or welfare.
Findings: Casual access to the property is not anticipated as it is surrounded by large parcels of
similar use and is not situated near any amenities such as fishing, parks, or recreation. The
applicant notes that adequate adjacent existing barriers and screening will be utilized. The
extraction site will not be a safety concern or visual impairment. The applicant has shown plans
for reclamation and will be mindful about materials stored near any water sources.
Criteria 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
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.
Findings: Recommended conditions are stated at the end of the report.
PUBLIC NOTICE
Pursuant to Kenai Municipal Code 14.20.280(c) notices of the public hearing for the conditional
use were mailed to property owners within a three hundred -foot (300') periphery of the subject
property. City staff published notice of the public hearing in the Peninsula Clarion. City staff
submitted an Affidavit of Posting verifying a sign was placed on the parcel with information on the
public hearing for the conditional use permit request.
No public comment has been received at the time of this report.
STAFF RECOMMENDATION
Staff finds that the proposed conditional use permit for the surface extraction of natural resources
on the property described as Lot 2, Beaver Loop Acres Addition No. 3 Subdivision, meets the
criteria for issuance of a Conditional Use Permit as set forth in subsections (e)(1) through (e)(6)
of Kenai Municipal Code 14.20.150 and subsections (a)(1) through (a)(12) of KMC 14.20.154,
and hereby recommends that the Planning and Zoning Commission adopt Resolution PZ2026-22
approving the Conditional Use Permit, subject to the following conditions:
1. Any development or use of the property shall comply with all applicable Federal, State of
Alaska, and City regulations regardless of whether or not the requirements are listed as
conditions for the approval of the Conditional Use Permit.
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.
Resolution No. PZ2026-22
Conditional Use Permit
Extraction of Natural Resources
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4. The applicant will limit noise disturbance and not use compression release engine brakes
(Jake brakes). Applicant will adhere to proposed hours of operation, 7AM to 7PM, with the
allowance of outside hours being utilized on an as -needed, project specific basis and not
ongoing.
5. The applicant will meet with City staff for on -site inspections when requested.
6. If there is an expansion or change of use for the subject property, a new Conditional Use
Permit must be obtained, as stated in KMC 14.20.150(1)(5).
7. Permit holder will submit a yearly report between October 1 st and December 31 St to the
Planning & Zoning Department that includes a summary of the on -site activity.
Aerial Map
Application & Business License
Site Plan
Resolution No. PZ2026-22
Conditional Use Permit
Extraction of Natural Resources
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H
Resolution No. PZ2026-22
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Establish siting and design standards so that development is in harmony and scale
with surrounding uses.
Goal 3 — Land Use is to develop land use strategies to implement a forward -looking
approach to community growth and development.
Objective LU-1
Establish siting and design standards so that development is in harmony and scale
with surrounding uses.
Objective LU-11
Where feasible, consolidate access to and between land uses via frontage roads
or by shared driveways onto main streets/highways.
16. KMC 14.20.150(d)(4) Public services & facilities are adequate to serve the proposed use;
Findings Colaska owns 60 acres immediately east and southeast of the subject lot.
These parcels will be utilized to access the proposed material site from Beaver Loop
Road. This does not increase the amount of potential conflict points along Beaver Loop
Road and effectively consolidates the additional traffic flow to one shared access point.
Additionally, the applicant will have sufficient sanitation facilities located on site. City
Staff finds that the proposed services and facilities are adequate to serve the proposed
use.
17. KMC 14.150(d) (5) The proposed use will not be harmful to the public safety, health or
welfare;
Findings: Casual access to the property is not anticipated as it is surrounded by large
parcels of similar use and is not situated near any amenities such as fishing, parks, or
recreation. The applicant notes that adequate adjacent existing barriers and screening
will be utilized. The extraction site will not be a safety concern or visual impairment. The
applicant has shown plans for reclamation and will be mindful about materials stored
near any water sources.
18. 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 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.
Findings: Conditions are listed in Section 2 of this Resolution.
NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION OF
THE CITY OF KENAI, ALASKA:
Section 1. That a conditional use permit for the surface extraction of natural resources on the
property described as Lot 2, Beaver Loop Acres Addition No. 3 Subdivision.
Resolution No. PZ2026-22
Page 6 of 6
Section 2. That the conditional use permit is subject to the following conditions:
Any development or use of the property shall comply with all applicable Federal, State of
Alaska, and City regulations regardless of whether or not the requirements are listed as
conditions for the approval of the Conditional Use Permit.
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 disturbance and not use compression release engine brakes
(Jake brakes). Applicant will adhere to proposed hours of operation, 7AM to 7PM, with the
allowance of outside hours being utilized no greater than seven consecutive days without
the notification of City Administration.
5. The applicant will meet with City staff for on -site inspections when requested.
6. If there is an expansion or change of use for the subject property, a new Conditional Use
Permit must be obtained, as stated in KMC 14.20.150(I)(5).
7. Permit holder will submit a yearly report between October 1st and December 31st to the
Planning & Zoning Department that includes a summary of the on -site activity.
8. The permittee must install multi -frequency (white noise) back up alarms on all equipment
and vehicles that have existing state or federal back-up alarm requirements.
PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA,
THIS 26TH DAY OF AUGUST, 2026
e
Jeanne Keaton, Chair
ATTEST:
pohn Park, Deputy City Clerk