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HomeMy WebLinkAboutOrdinance No. 2956-2017M CITY OF KENAI ORDINANCE NO. 2956 -2017 Sponsored by: Administration AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KENAI MUNICIPAL CODE 13.30.080 — OPERATING A VEHICLE IN A PROHIBITED AREA, AND ASSOCIATED APPENDIX Il, TO ALLOW FOR LIMITED OPERATION AND MAINTENANCE OF THE EXISTING AIR STRIP ON A PORTION OF TRACT B, DRAGSETH SUBDIVISION 2016 ADDITION, ACCORDING TO THE OFFICIAL PLAT THEREOF, FILED UNDER PLAT NUMBER 2016 -22, AND A PORTION OF GOVERNMENT LOTS 9 -15 INCLUSIVE, SECTION 7, TOWNSHIP 5 NORTH, RANGE 11 WEST, AND A PORTION OF THE SE '/a SE % NE ' /a, SECTION 7, TOWNSHIP 5 NORTH, RANGE 11 WEST, SEWARD MERIDIAN ALL RECORDED IN THE KENAI RECORDING DISTRICT, THIRD JUDICIAL DISTRICT, STATE OF ALASKA. WHEREAS, Kenai Municipal Code 13.30.080 prohibits the operation of vehicles in certain areas, including vegetated areas on the South Beach as delineated in the map in Appendix II to KMC 13.30.080; and, WHEREAS, on City property in the area KMC 13.30.080 prohibits operation of motor vehicles, there is an airstrip that has had intermittent historical use; and, WHEREAS, as part of a grant funded project to improve access to, and infrastructure on the South Beach, the City purchased property that included a house and other improvements to build a new road to the beach on part of the purchased property as an alternative to building the road across sensitive wetlands; and, WHEREAS, the City has subdivided the purchased property and is retaining the portion needed to provide improved access and intends to sell the portion of the property with the house and improvements; and, WHEREAS, the prospective purchaser of the property has conditioned the purchase of the property with the house and other improvements on the purchase of adjacent City property containing the airstrip, with the intent to utilize the airstrip for fixed wing aircraft and airships; and, WHEREAS, the Council finds that the sale of the property to the prospective purchaser is in the best interest of the City as it will likely promote new economic opportunities; and, WHEREAS, in order to allow legal use of the airstrip intended to be purchased, KMC 13.30.080 must be amended; and, WHEREAS, Kenai Municipal Code 13.30.080 can be amended to allow for operation and use of the airstrip, conditioned through a conditional use permit, in a manner which is consistent with the intent of the prohibition on the operation of motor vehicles which is to protect sensitive vegetated areas. New Text Underlined: [DELETED TEXT BRACKETED) Ordinance No. 2956 -2017 Page 2 of 4 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Section 1. Form: That this is a code ordinance. Section 2. Amendment of Section 13.30.080 of the Kenai Municipal Code: That Kenai Municipal Code, Section 13.30.080 — Operating a Vehicle in a Prohibited Area, is hereby amended as follows: 13.30.080 Operating a Vehicle in a Prohibited Area. (a) North Shore. (1) It is unlawful for any person to operate a motorized vehicle in the area indicated on the map appended to this chapter, designated as Appendix II, and made a part thereof, excepting the established roads within the area of beach road and a portion of Spruce Street and further excepting transit of this prohibited area entering or leaving at the designated area at the beach road and directly to the northwest to the westerly boundary of the prohibited area which may be entered or exited only in the tidal area. City, state or public safety (police, fire, ambulance, rescue) vehicles may operate in the prohibited area if necessary for public safety purposes. (2) Further, specifically prohibited is the operation of a motor vehicle on any portion of the bluff slope in the area above so designated as prohibited, as is indicated on the map appended to this chapter, designated as Appendix 11, and made a part thereof. (3) Operation of motorized vehicles in that portion of the prohibited area southerly and easterly from the east end of Beach Road may be permitted for the purpose of working on beached boats and barges provided that a permit is secured prior to such operation. Applications for such permits shall be filed with the City Manager or his designated appointee setting forth details as to the work to be performed and the dates of such performance. The City Manager may issue such permit, if he finds it reasonable under the circumstances, for a specified period of time, which may be extended on application showing good cause for such extension. (4) Operation of motorized vehicles in that portion of the prohibited area described in KMC 13.30.080(a) above and entry to such area at a point or points other than at the natural end of Spruce Street may be permitted for the purpose of working on the Sewage Treatment Plant and on utility facilities provided that a permit is secured prior to such operation. Applications for such permits shall be filed with the City Manager or his designated appointee setting forth details as to the work to be performed and the dates of such performance, the areas in which such operations are required and the point or points of entry required to expedite the work. The City Manager shall condition such permit or permits on repair or reconditioning of the beach area or bluff and may require a bond in such amount and with such terms, with or without cash deposit or other surety, as he may deem advisable to secure such repair or reconditioning or to reimburse the City for damages to the areas concerned. (b) South Shore. It is unlawful for any person to operate a motorized vehicle on the vegetated area at all times except for City authorized use operation and maintenance of the existing airstrip located in the area designated in Appendix 11. The area from the intersection of Royal Street and the South Beach south to the City Limits on the South Beach is also closed to motorized vehicles from July 5th to July 31st each year. The areas closed to motor vehicles are delineated by the map appended to this chapter, designated as Appendix 11, and made a part thereof. City, state or public safety (police, fire, ambulance, rescue) vehicles may operate in the prohibited area if necessary the public safety, maintenance, repair cleaning and upkeep purposes. New Text Underlined; [DELETED TEXT BRACKETED] Ordinance No. 2956 -2017 Page 3 of 4 naoutn of Kenai River Appendix II Kenai Municipal Code 13.30.080 Operating a Vehicle in a Prohibited Area m m Line of Bluff J No Motorized Vehicles Allowed ®Motorized Vehicles Allowed Ju July 5 -July 31 (Unless Extended) Old Cannery Road No Motorized Vehicles Allowe other than for use, mainten an ,� and operations of an airs" p as authorized by the C' New Text Underlined; [DELETED TEXT BRACKETED] Ordinance No. 2956 -2017 Page 4 of 4 Section 3. Severability: That if any part or provision of this ordinance or application thereof to any person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision, or application directly involved in all controversy in which this judgment shall have been rendered, and shall not affect or impair the validity of the remainder of this title or application thereof to other persons or circumstances. The City Council hereby declares that it would have enacted the remainder of this ordinance even without such part, provision, or application. Section 4. Effective Date: That pursuant to KMC 1.15.070(f), this ordinance shall take effect 30 days after adoption. ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 17th day of May, 2017. /4' 96e� d 9RIAN GABRIEL SR., MAYOR ATTEST: a dra Modigh, City Clerk P Introduced: May 3 . 2017 Enacted: May 17, 2017 Effective: June 16, 2017 New Text - Undedined; [DELETED TEXT BRACKETED] the v '7/feaoe wid a Past, 6 o wid a f ta,"e \> 210 Fidalgo Ave, Kenai, Alaska 99611 -7794 Telephone: (907) 283 -7535 1 Fax: (907) 283 -3014 www.kenai.city MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council FROM: Paul Ostrander, City Manager DATE: April 27, 2017 SUBJECT: Ordinance 2956 -2017 In 2000 the City adopted Ordinance No. 1877 -2000 that prohibited the operation of vehicles in certain areas, including vegetated areas on the South Beach as delineated on the map in Appendix II to KMC 13.30.080. A portion of this area also includes an airstrip that has had intermittent historical use. As a part of a grant- funded project to improve access and facilities on the South Beach, the City purchased property that included a house and other improvements. This purchase provided the necessary land to construct a new road for access to the South Beach without significantly impacting wetlands in the area. The City subsequently subdivided the property, creating Tract A, Dragseth Subdivision, 2016 Addition (Tract A), that contains the house and associated improvements with the intent of selling the property and residence. A prospective buyer has made an offer on Tract A and has conditioned the offer on the purchase of City property containing the airstrip (airstrip parcel) with the intent to utilize the airstrip for fixed wing aircraft and airships. To allow for this intended use, KMC 13.30.080 will need to be amended by allowing City authorized use, operation, and maintenance of the airstrip parcel. If Ordinance 2956 -2017 is passed, the City authorized uses would be provided through the issuance of a conditional use permit in a manner that is consistent with the intent to protect sensitive vegetated areas while providing adequate use of the airstrip to support the operations of the prospective buyer. Your consideration of this ordinance is appreciated.