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HomeMy WebLinkAboutOrdinance No. 3039-2018thedty1, KENAI, ALASKA "V" Sponsored by: Administration C ITY OF KENAI ORDINANCE NO. 3039-2018 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KENAI MUNICIPAL CODE SECTIONS 14.20.151-APPLICATION FOR CONDITIONAL USE PERMIT FOR SURFACE EXTRACTION OF NATURAL RESOURCES, AND 14.20.154-ISSUANCE OF PERMIT FOR SURFACE EXTRACTION OF NATURAL RESOURCES , TO PROHIBIT SURFACE EXTRACTION OF NATURAL RESOURCES WITHIN THE 100 YEAR AND 500 YEAR FLOODPLAINS AND REQUIRE APPROPRIATE PROFESSIONAL ASSISTANCE WITH SITE PLAN SUBMITTALS . WHEREAS, the P lanning and Zoning Commission recommends increasing standards for surface extraction permits to ensure quality applications in desirable locations; and , WHEREAS, quality site plans are necessary to evaluate an application for surface extraction of nat ural resources; and, WHEREAS , appropriate professional assistance with site plan submittal is intended to ensure the City receives sufficient information to review the conditional use permit; and , WHEREAS, the 2016 City of Kenai Comprehensive Plan states objectives to protect the Kenai River and dunes; and, WHEREAS, all currently permitted gravel pits are outside of the current effective 100 and 500 floodplain for the City of Kenai , and t he Planning and Zoning Commission recommends new applications for surface extraction of natural resources continue to be located outside of the floodplain ; and, WHEREAS , pro hibiting surface extraction of natural resources within the 100 and 500 yea r floodplain provides adequate protection of the river; NOW, THEREFORE , BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI , ALASKA, as follows : Section 1. Amendment of Section 14.20.151 of the Kenai Municipal Code: That Kenai Municipal Code , Section 14.20.151-Application for Conditional Use Permit for Surface Ext raction of Natural Resourc es, are hereby amended as follows: A 14 .20 .1 51 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 fo~m supplied by the City of Kenai and shall be filed with the City Planner, along with the appropriate fee as set forth in the City's schedule of fees adopted by the City Counc il. All applications shall be accompanied by the following documents and information : New Text Underl ined ; [DELETED TE XT BRACKETED] Ordinance No. 3039-2018 Page 2 of 5 (a) A site plan, drawn to scale and prepared by the appropriate professional discipline registered or licensed as such by the State of Alaska under Alaska Statute Title 8, containing the following: (1) Graphic (and legal) description of the proposed area , including dimensions in feet and number of acres or square feet; (2) Existing topographical contours with not less than ten-foot (1 O') contour intervals; (3) Proposed finished topographical contours (when extraction is completed) with not less than ten-foot ( 1 O') contour intervals; (4) Existing and proposed buildings and structures on the site; (5) 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; (6) Indication of the existing landscape features, including cleared areas, wooded areas , streams, lakes, marsh areas, and so forth; (7) Verification that the proposed surface extraction is outside of the 1 % Annual Chance Flood Zone (100-year floodplain}. 0.2% Annual Chance Flood Zone (500-year floodplain}. and high-hazard coastal areas as indicated by: A . the most current locally-approved Federal Emergency Management Agency Flood Insurance Rate (FEMA FIRM} map panels, or B . survey data from a surveyor registered or licensed in the State of Alaska showing the proposed site is outside of the 1 % Annual Chance Flood Zone. 0.2% Annual Chance Flood Zone. or high-hazard coastal areas. ([7]§) Location and nature of other operations , if any, which are proposed to take place on the site . (b) A narrative statement containing the following information: (1) Soil surveys with reference to the average year-round water table throughout the entire acreage . Piezometers may be used to determine an average water depth; (2) Estimated amount of material to be removed from the site over the entire period of operation ; (3) Estimated length of time to complete the operation, or, if the pit is to be operated on a continuing basis, a statement to that effect; (4) Proposed hours of operation; (5) Method of fencing or barricading the petition area to prevent casual access; (6) Amount and location of natural screening provided by trees and vegetation, if any, between the property lines and the proposed site of the pit; New Text Underlined ; [DELETED TE XT BRACKETED] Ordinance No. 3039-2018 Page 3 of 5 (7) Plans, if any, to construct artificial screening; (8) Description of operations or processing which will take place on the site during and after the time the material is extracted; (9) Plan or program for regrading and shaping the land for future use; (10) Method of backfilling and/or replacing topsoil; (11) Proposed future use of the land after resources are extracted, including a proposed development plan showing location of houses, parks, lakes, etc.; (12) Other information which may pertain to the particular site. (c) Proof that the applicant has obtained or is eligible to obtain the necessary licenses required by state or federal agencies. (d) Proof that the applicant is the owner of the subject property. Section 2 . Amendment of Section 14.20.154 of the Kenai Municipal Code: That Kenai Municipal Code, Section 14.20.154-lssuance of Permit for Surface Extraction of Natural Resources, are hereby amended as follows: (a) On the basis of the application with accompanying information, any supplemental information filed, and such information as may be presented at the public hearing provided for in this chapter, the 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 this chapter; (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; (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; ( 4) The surface extraction is outside of the 1 % Annual Chance Flood Zone ( 100-year floodplain). 0.2% Annual Chance Flood Zone (500-year floodplain). and high-hazard coastal areas as indicated by the most current locally-approved Federal Emergency Management Agency Flood Insurance Rate (FEMA FIRM) map panels . ([4]§.) The site plan provides that back slopes be a minimum of a 2:1 slope, except for the contiguous working face; New Text Underlined; [DELETED TEXT BRACKETED] Ordinance No. 3039-2018 Page 4 of 5 ([5)§.) 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; ([6]Z) 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; ([71§) 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; ([8m_) The extraction does not destroy the land for the purposes for which it is zoned; ([9]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; ([10]11) The applicant is the owner of the subject property; ([11]12) Clearing limits shall be delineated on the site plan as well as clearly visible onsite and shall be inspected by the City Planner or designee prior to the application being deemed complete. (b) If the Commission determines that all requirements have been met, the Commission shall direct the City Planner to issue a Conditional Use Permit to the applicant. The permit shall be issued for an indefinite period and shall be subject to the provisions of this chapter, and shall so state . (c) The permit may be expressly conditioned by the Commission upon the erection of artificial screening. If the permit is so conditioned, the Commission shall specify the type of screening to be erected. Such screening shall obscure the entire extraction operation from view from any public roadway or inhabited area and shall be compatible with the general character of the neighborhood . No extraction of resources can take place until the artificial screening provided for has been erected and approved by the Commission. (d) Appeals from decisions of the Commission under this section shall be made in accordance with the provisions of this chapter. 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 enactment. ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 19th day of September, 2018. New Text Underlined ; [DELETED TEXT BRACKETED] Ordinance No. 3039-2018 Page 5 of 5 ATTEST: BRIAN GABRIEL SR., MAYOR Introduced: September 5, 2018 Enacted: September 19, 2018 Effective: October 19, 2018 New Text Underlined ; [DELETED TEXT BRACKETED] 'Vtff~ «1/t/t, a PaJ'~ Ct'tf «1/t/t, a h.t~e 11 210 F idalgo Ave , Kenai , Alaska 99611 -7794 Telephone: (907) 283-7535 I Fax : (907) 283-3014 www.kenai .c ity MEMORANDUM TO: THROUGH: Mayor Brian Gabriel and Kenai City Council Paul Ostrander, City Manager FROM: Elizabeth Appleby , City Planner DATE: August 30, 2018 SUBJECT: Or dinance No. 3039-2018 Ordinance 3039-2018 recommends two changes to City Code for surface extraction of natural resource permits: • Requirement for the site plan to be certified or prepared by an appropriate professional discipline ; • Requirement for the proposed surface extraction to be located outside of the currently designated 1% Annual Chance Flood Zone (100-year floodplain), 0.2% Annual Chance Flood Zone (500-year floodplain), or high-hazard coastal areas . These changes reflect Resolution No . PZ2018-19 passed by the Planning and Zoning Commission at their August 22, 2018 meeting , attached to this memorandum . The added requirement for a site plan ensures developers carefully map and measure the location of their extraction and related activities. The requirement states the site plan must be certified or prepared by an appropriate professional, which leaves flexibility for developers . No currently permitted gravel pits are located within the 1 % Annual Chance Flood Zone ( 100-year floodplain), 0 .2% Annual Chance Flood Zone (500-year floodplain), or high-hazard coastal areas as defined by the most current floodplain maps developed by the locally-approved (by the Kenai Peninsula Borough) Federal Emergency Management Agency (FEMA) Flood Insurance Rate Map (FIRM) panels. These panels are currently from 1981 and 2016 ele vation data . Updated FIRM panels could reflect improved elevation evaluation technology, but the definition of a floodplain should not change. Updated federal maps have to be locally approved to be accepted. Currently, the Kenai Peninsula Borough approves floodplain maps because the City of Kena i does not have a separate f loodplain ordinance or participate in the National Flood Insurance Program (NFIP). Attach e d are the most currently available floodplain maps and maps showing locations of Page 2 of 2 Ordinance No. 3039-2018 all currently permitted gravel pits within the City of Kenai to this memorandum. Developers would check with the City of Kenai to make sure they are outside of the 1 % Annual Chance Flood Zone (100-year floodplain), 0.2% Annual Chance Flood Zone (500-year floodplain), and high-hazard coastal areas, and the maps would be made available on the City website to the public. The City made it a priority to protect the Kenai River and dunes in the 2016 Comprehensive Plan. This Code change will streamline the evaluation process for the City and encourage any new gravel pits to be developed in desirable locations outside of the floodplain. Your consideration is appreciated. Map 1: Permitted Gravel Pits in the City of Kenai N 1,300' W+E Generated : 7/30/2018 s Map 2: The Floodplain in the City of Kenai N W+E s 3 ,900' Coastal High Hazard Areas; Waves over 3 feet in 100 Year Flood Legend ~ 100 Year Flood Boundary -500 Year Flood Boundary .. Underterrnined Flood Risk Map 3: Permitted Gravel Pits and the Floodplain llW--=-"15f tk«•'T1, . K~rW~KA "V" i Generated: 7/30/2018 1,300' [ --, Coastal High Hazard Areas ; Waves over 3 feet in 100 Year Flood Lea end c=J 100 Year Flood Boundary Im! 500 Year Flood Boundary c=J Permitted Gravel Ptts Im! Area not officially mapped by FEMA N W+E CITY OF KENAI PLANNING & ZONING COMMISSION RESOLUTION PZ2018-19 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION RECOMMENDING TO THE COUNCIL OF THE CITY OF KENAI, ALASKA, TO AMEND KENAI MUNICIPAL CODE SECTIONS 14 .20 .151-APPLICATION FOR CONDITIONAL USE PERMIT FOR SURFACE EXTRACTION OF NATURAL RESOURCES AND 14.20 .154-ISSUANCE OF PERMIT FOR SURFACE EXTRACTION OF NATURAL RESOURCES . WHEREAS, the Planning and Zoning Commission recommends increasing standards for surface extraction permits to ensure quality applic ations in desirable locations ; WHEREAS, quality site plans are necessary to evaluate an application for surface extraction of natural resources; WHEREAS, the 2016 City of Kenai Comprehensive Plan states objectives to protect the Kenai R iver and dunes; WHEREAS. all permitted gravel pits are outside of the curren t effective F lood Insurance Rate Map panels for the City of Kenai , and the Planning and Zoning Commission recommends new applications for gravel pits continue to be located outside of the floodplain ; NOW, THEREFORE , BE IT RECOMMENDED TO THE COUNCIL OF THE CITY OF KENAI, ALASKA, THAT Section 1. That an Ordinance be enacted to amend Kenai Municipal Code sections 14.20.151 as follows : A . 14.20.151 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 City Planner, along w ith the appropriate fee as set forth in the City 's sched ule of fees adopted by the City Council. All applications sha ll be accomp a nied by the following documents and information : (a) A site plan , drawn to scale and certified by the appropriate profess ional discipline . such as a pro fess ion al engineer. hydrologist. or registered land surveyor, containing the following : (1) Graphic (and legal) description of the proposed area, inclu ding dimensions in feet and number of acres or square feet ; (2) E xi sting topographical contou rs with not less than ten-foot ( 1 O') contour in tervals ; Res o lution N o. 2018-19 Page 2 of 5 (3) Prop osed finished topographical contours (whe n extraction is completed ) with no t less than ten-foot (10') contour intervals; ( 4) E xisti ng and proposed build ings and s tructures on the site; (5) Principal access points which will be used by trucks and equipment, including ingress and egress points and internal circu lation , especially the haul road from the public road to the proposed site of the pit; (6) Indication of the existing landscape features, including cleared areas. wooded areas , s treams, lakes, marsh areas, and so forth; (7) Verificat ion that the proposed surface extraction is outside of the 1 % Annual Chance Flood Zone {100-year floodplain), 0 .2% Annual Chance Flood Zone (500-year floodplain). or high-hazard coastal areas as indicated Appendix 1; (8) Location and nature of other operations, if any, which are proposed to take place on the site . (b) A narrative statement containing the following information: ( 1) Soil surveys with reference to the average year-round water table throughout the entire acreage . Piezometers may be used to determine an average water depth ; (2) Estimated amount of material to be removed from the site over the entire period of operation; (3) Estimated length of time to complete the operation, or, if the pit is to be operated on a continuing basis, a statement to that effect; ( 4) Proposed hours of operation; (5) Method of fenci ng or ba rricading the petition area to pre vent casual acc ess ; (6) Amount and location of natural screening provided by trees and vegetation , if any, between the property lines and the proposed site of the pit; (7) Plans, if any, to construct artificial screening; (8) De scription of ope rations or processing which will take place on the site during and after the ti me the material is extracted ; (9) P lan or program for regrading and shaping the land for future use; ( 10) Method of backfilling and /or replac ing topsoi l; ( 11 ) Pro posed future use of the land after resources are extracted , includ ing a proposed development plan showing locati o n of ho uses, parks , lakes, etc.; ( 12 ) Ot he r info rmatio n which may pertain to the particular site. Re solution No . 2018-19 Page 3 of 5 (c) Proof that the applicant has obtained or is eligible to obtain the necessary li censes required by state or federal agencies . (d) Proof that the applicant is the owner of the subject property. B . 14.20.154 Issuance of Permit for Surface Extraction of Natural Resources . (a) On the basis of the application with accompanying information, any supplemental information filed, and such information as may be presented at the public hearing provided for in this chapter, the Commission shall make a determ ination as to whether each of the following requirements has been met: ( 1) The application is in substantial compliance with the requirements of this chapter; (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; (3) The buffer strips between the excavation site and roadways and property lines contain sufficient natural screening to obscure the entire excava tion from sight of roadways and inhabited areas . If there is not sufficient natural screening, the site plan must provide for artificial screening ; ( 4) The surface extraction is outside of the 1 % Annual Chance Flood Zone ( 100-year floodplaint 0 .2% Annual Chance Flood Zone (500-year floodplain), or high-hazard coastal areas as indicated Appendix 1. ([4]§) The site plan provides that back slopes be a minimum of a 2: 1 slope , except for the contiguous wo rking face ; ([5]§) 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 ; ([6]Z) If the excavation is to be below the water table and the site is likely to endanger the pub lic safety , the site plan shall provide for fencing of the work area ; ([7m) The proposed use of land after extraction is completed is feasible and real istic and is a use permitted in the zone in which the property is located ; ([81§!) The extraction does not destroy the land for the purposes for which it is zoned ; ([9]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 ; ([10)..11) The appl icant is the owner of th e subject property; Resolution No . 2018-19 Page 4 of 5 ([11].J.l) Clearing limits shall be delineated on the site plan a s well as clearly visible onsite and shall be inspected by the City Planner o r des ignee prior to the application being deemed complete . (b) If the Commission determines that all requirements have been met, the Commission shall direct the City Planner to issue a Conditional Use Permit to the applicant. The permit shall be issued for an indefinite period and shall be subject to the provisions of this chapter, and shall so state . (c) The pe rmit may be expressly cond itioned by the Commission upon the erection of artificial screening . If the permit is so conditioned , the Comm ission shall specify the type of screen ing to be erected . Such screening shall obscure the entire extra ction operation from view from any public roadway o r inhab ited area and shall be compatible with the genera l character of the neighborhood. No extraction of resources can take place until the artificial screen ing provided for has been erected and approved by the Commission . (d) Appeals from decisions of the Commiss ion under this section shall be made in accordance with the provisions of this chapter. C. Appendix 1 Generated: 7/3 0/2018 Coastal High H aze 1d Areei, waves over 3 feet in 100 Yur Flood Resolutio n No. 2018-19 Page 5 of 5 Section 2 . That a copy of th is Resolution be forwarded to the City Council of Kenai upon passage. ATTEST: JAMIE HEINZ, 1'tltff ~ a1/t/t, a Pa~~ Cr~ a1/t/t, a h.t~ 11 210 Fidalgo Ave , Kenai , Alaska 99611 -7794 Telephone : (907) 283-7535 I Fax : (907) 283-3014 www.kenai.city MEMORANDUM TO: THROUGH: FROM: DATE: SUBJECT: Mayor Brian Gabriel and Kenai City Council Paul Ostrander, City Manager Elizabeth Appleby, City Planner September 12, 2018 Ordinance No. 3039-2018 Additional Information This memorandum adds additional clarification on the maps proposed to be used in Ordinance No . 3039-2018. No permitted gravel pits are located within the 1 % Annual Chance Flood Zone (100-year floodplain), 0.2% Annual Chance Flood Zone (500-year floodplain), or high-hazard coastal areas as defined by the most cu rrent floodplain maps developed by the locally-approved (by the Kenai Peninsula Borough) Federal Emergency Management Agency (FEMA) Flood Insurance Rate Map (FIRM) panels. These panels are currently from 1981 (effective 5/19/1981) and 2016 (effective 10/20/16) elevation data. The City Planner would evaluate the requirement of surface e xtraction a pplications to be located outside of the 1 % Annual Chance Flood Zone (100- year floodplain), 0.2% Annual Chance Flood Zone (500-year floodplain), and high-hazard coastal areas when conducting the completeness review. Specific panel numbers downloaded from FEMA's website and accepted/interpreted by the Kenai Peninsula Borough that depict the floodplain within the City of Ken ai are the following : Panel Number 02122CIND1 B , Effective Date 10/20/16 Panel Number 02122CIND2B , Effective Date 10/20/16 Panel Number 02122CIND3B , Effective Date 10/20/16 Panel Number 02 122CIND4B , Effective Date 10/20/16 Panel Number 0200122030B , Effective Date 10/20/16 Panel Number 0200122035A, Effective Date 05/19/81 Panel Number 0200122040B , Effective Date 10/20/16 Panel Number 02122C0105E, Effective Date 10/20/16 Panel Number 02122C0110E, Effective Date 10/20/16 Panel Number 02122C0120E , Effect ive Date 10/20/16 Panel Number 02122C0140E , Effective Date 10/20/16 Page 2 of 2 Ordinance No. 3039-2018 Improved elevation evaluation technology or changes in the land due to erosion or other forces could be used to update the FIRM panels . Updates to these maps do not occur very often, and the only FIRM panels in Kenai are from 1981and2016. Updated FIRM panels may slightly change the boundaries of the 1 % Annual Chance Flood Zone (100-year floodplain), 0.2% Annual Chance Flood Zone (500-year floodplain), or high-hazard coastal areas . The floodplain is defined by elevation, and it is not something that could be changed arbitrarily. For instance, various federal administrations could not vote or mandate changes to floodplain boundaries because they are determined by elevation. The elevation determines the percent annual chance of flooding. New federal maps must be locally-approved before the update is accepted. The Kenai Peninsula Borough is the local entity that approves FEMA floodplain maps for the City of Kenai and for the City of Soldotna . The City of Kenai would work with the Borough if new FEMA floodplain maps were made available before they would be accepted for use. In addition, I recommend the City Council amend the wording of the listed flood zones to use the word "and" instead of "or". This would ensure it is inclusive of the three listed categories for no new surface extraction permits to be accepted within those zones. (Please note the bold underlined language is new and the bold language in brackets is to be deleted.) The amendment is as follows: the proposed surface extraction is outside of the 1 % Annual Chance Flood Zone (100-yearfloodplain), 0.2% Annual Chance Flood Zone (500-yearfloodplain), [OR]and high-hazard coastal areas. Thank you for your consideration.