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                                                          2005-001755- 0
                                                          Recording Dist : 309 - Home r
                                                  A       4/29/2005 1 :22 PM Pages : 1 of 4
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                   KENAI PENINSULA BOROUGH PLANNING COMMISSIO N
                                 RESOLUTION 2005-1 1
                             HOMER RECORDING DISTRIC T

    A RESOLUTION GRANTING APPROVAL OF A LAND USE PERMIT TO OPERATE A
                     SAND, GRAVEL, OR MATERIAL SIT E

    WHEREAS, KPB Chapter 21 .25 provides for the approval of Land Use Permits fo r
    certain land uses within the Borough ; an d

    WHEREAS, public notice was sent to all property owners within a one-half mile radiu s
    of the proposed gravel site and posted at the U .S. Post Office within the affected are a
    as provided in KPB 21 .25.060; and

    WHEREAS, public notice was published in the March 10, and March 17, 2005 issues o f
    the Homer News as provided in Section 21 .25 .060; and

    WHEREAS, public testimony was submitted in writing and oral testimony was receive d
    at the March 28, 2005 meeting of the Kenai Peninsula Borough Planning Commission ;

    NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF TH E
    KENAI PENINSULA BOROUGH :

    That the Planning Commission makes the following findings of fact pursuant to KP B
    21 .25 and 21 .26 :

    Findings of Fac t
       1. The applicant submitted to the Borough Planning Department a complete permi t
          application and paid the appropriate fee established by the Planning Commissio n
       2. The applicant is developing a golf course .
       3. Staff site visit determined the locations one known well within 300 feet of th e
          proposed excavation site .
       4. The proposed activity complies with 21 .26 .020A1 Aquifer disturbance . The
          applicant will not extract material within 100 feet of an individual's existing wate r
          source, nor within two feet of the water table within 100 to 300 feet of a n
          individual's existing water source .



    Kenai Peninsula Borough Planning Commission Resolution 2005-11                         Page 1 of 4
	




    5.     The proposed activity complies with 21 .26.020A2 . Roads . The applicant will not
           damage borough roads as required by KPB 14 .40.070 .C .
    6.     The proposed activity complies with 21 .26.020A3 Adjacent properties . The
           activity, as proposed will be conducted in a manner to reduce physical injury to
           adjacent properties by complying with conditions of KPB 21 .26 .030.
    7.     The proposed buffer of 50 ft . of natural or improved vegetation surrounding th e
           site complies with 21 .26 .030A1 .
    8.     The applicant has filed a letter of intent for reclamation as required i n
           21 .26 .030 .A .2.
    9.     A public hearing of the Planning Commission is being held on March 28, 200 5
           and proper notice in accordance with KPB 21 .25.060 was furnished to intereste d
           parties .
    10.    The applicant agrees to maintain a 300 foot no-dig buffer from the neighborin g
           well to the east .

    Permit Conditions
    1.    The approved land use and operations are described and shall be conducted a s
          follows: KPB 16901141, T05S R15W S01 NEI/4 NW1/4, Seward Meridian ,
          Parcel : 25 .65 acres ; Portion to be excavated: approx . 2 acres ; the permittee ,
          Buzz Kyllonen proposes to: 1) Extract topsoil, gravel and/or sand fro m
          approximately 2 acres of the subject parcel in preparation of a golf course ; 2)
          Remove approximately 5,000 cubic yards of material over the anticipated 2-yea r
          life of the site; 3) Excavate to a maximum planned depth of approximately 20 fee t
          where the estimated shallow depth to groundwater at the site is 12 feet ; 4)
          Reclaim the site as part of the golf course by blending the contours with th e
          surrounding landscape, including a lake used for irrigation and aesthetics .
          Finding: This is an administrative condition necessary to define the limits
          of the permitted activity.
    2.    The permittee shall maintain 50 ft. of natural or improved vegetation surrounding
          the site .     Finding: This condition shall ensure compliance with KP B
          21.26.030.A. 1
    3.    The permittee shall revegetate and reclaim all disturbed land upon exhaustin g
          the material on-site in accordance with state statutes to leave the land in a stabl e
          condition . Reclamation shall occur for all exhausted areas of the site exceedin g
          one acre before a five-year renewal permit is issued . Finding : This condition
          shall ensure compliance with KPB 21 .26.030.A .2
    4.    The operation shall not negatively impact an aquifer serving another property .
          Operations shall not breach an aquifer-confining layer. Finding: This condition
          shall ensure compliance with KPB 21 .26 .030.A .3
    5.    The permittee shall store fuel in lined, impermeable areas . Finding : This
          condition shall ensure compliance with KPB 21 .26.030.A.4
    6.    The permittee shall maintain a horizontal distance of at least 100 feet from an y
         wells or water sources for consumptive use existing prior to the effective date of
         this permit . The permittee shall limit material extraction to no deeper than two
         feet above the seasonal high water table for extraction occurring between 10 0
         and 300 feet from any well or water source for consumption use prior to th e
         effective date of this permit . Finding: This condition shall ensure compliance
          with KPB 21 .26.030.A.5


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    7 The permittee shall not damage borough roads as required by KPB 14 .40.07 0
          and will be subject to the remedies set forth in KPB 14 .40 for violation of thi s
          condition . Finding : This condition shall ensure compliance with KP B
          21 .26.030.A.6
    8.    The permittee is responsible for determining the need for any other municipal ,
          state or federal permits and acquiring the same . The permittee must abide by al l
          applicable municipal, state, and federal laws . Finding : This condition shall
          ensure compliance with KPB 21.25.170.
    9.    If changes to the approved project described above are proposed prior to o r
          during siting, construction or operation the permittee is required to notify the KP B
          Planning Department to determine if additional approval would be required .
          Finding : This is an administrative condition necessary to ensure continue d
          compliance with the terms and conditions of the permit.
    10.   This Land Use Permit is subject to annual review by the Planning Department t o
          ensure compliance with the conditions of the permit . In addition to the penaltie s
          provided by KPB 21 .25 .090, the Planning Commission may revoke a permi t
          issued pursuant to this chapter if the permittee fails to comply with the provision s
          of this chapter or the conditions of the permit. The Planning Director shall
          provide at least 30 days written notice to the permittee of a revocation hearin g
          before the Planning Commission . Finding: This is an administrative condition
          necessary to ensure continued compliance with the terms and condition s
          of the permit and KPB 21.25.080.
    11.   Once effective, this Land Use Permit is valid for five years . The permittee must
          apply for a permit renewal within five years of the date this permit is granted i n
          accordance with the provisions of KPB 21 .26 .050. Finding: This conditio n
          shall ensure compliance with KPB 21.26.050.
    12.   The permittee hereby agrees to comply with the terms, conditions an d
          requirements of the KPB 21 .25 and 21 .26, and any regulations adopted pursuan t
          to this chapter. Finding: This condition shall ensure compliance with KPB
          21.25.050.
    13.  This Land Use Permit shall become effective on signing by the Plannin g
          Commission Chairman or Vice Chairman, after review, concurrence an d
          notarized signing by the permittee and property owner.               Finding: This
         administrative condition is necessary to facilitate issuance and acceptanc e
          of the permit terms and conditions .

    Voluntary Permit Conditions
    1 . The permittee agrees to maintain a 300 foot no-dig buffer from the neighboring
           well to the east . Finding: This voluntary condition is consistent with th e
           standards in KPB 21.26 .020A .

    The Kenai Peninsula Borough Planning Commission authorizes the issuance of a Lan d
    Use Permit for a Sand, Gravel, or Material site subject to compliance with the abov e
    conditions .




    Kenai Peninsula Borough Planning Commission Resolution 2005-11            Ill 11111111111 11111111111 lii Ill
	




        ADOPTED BY THE PLANNING COMMISSION OF THE KENAI PENINSULA
        BOROUGH ON THIS              DAY OF rn Cir-( /-)      2005.


        Buzz~onen ermittee                                                  Date
        Notary's A knowledgement                       '   n 4~`~
                                                  3
                                                  ~
        Subscri •ed an• wor before me this	       JG' ~	            day o
                                   i
           	    //()v
        Notary Pu • is for Alask a

        THIS LAND USE PERMIT IS EFFECTIVE ON THI S
        DAY OF	   `--' 	 ,c1L.-	
                      J                     , 2005 .




                                                 Philip Bryson, chairma n
                                                 Planning Commission
    ATTEST:


    	     .e/kOZ	             6'
                           a/Z-    1
                                   Z

    Patricia Hartley
    Administrative Assistan t




    Kenai Peninsula Borough Planning Commission Resolution 2005-11                 IIYlblllllll11111 8
                                                                                   **a AA19ee A

								
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