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HomeMy WebLinkAboutOrdinance No. 3042-2018Sponsored by: Legal CITY OF KENAI ORDINANCE NO. 3042-2018 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI , ALASKA, AMENDING KENAI MUNICIPAL CODE SECTION 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 PROVIDE CONSISTENCY IN THE APPLICATION AND PERMITIING PROCESS. WHEREAS, the Council enacted Ordinance 3039-2018 , amending the permitting process for surface extraction of natural resources on September 19, 2018; and , WHEREAS , an amendment was made changing "or" to "and " in the following language "1 % Annual Chance Flood Zone , 0 .2% Annual Chance Flood Zone, and [emphasis added] high- hazard coastal areas" in two sections of the ordinance but was not amended in a third section ; and , WHEREAS, the third section where this language occurs should be amended for consistency purposes ; and , WHEREAS , amendments to the Ordinance allowed for Federal Emergency Management Flood Maps or survey data to be used to assess proper location of material sites for the applicant's submittal process, but a complimentary amendment was not made allowing the Planning and Zoning Commission to consider survey data when evaluating an application; and, WHEREAS, in order to make both the submittal and evaluation process consistent, the evaluation process in KMC 14.20.154 must be amended . 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 Extraction of Natural Resources, is hereby amended as follows: 14.2 0.151 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 re sources shall be in writing on a form 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 Council. All applications shall be accompanied by th e following documents and information : New Text Underlined; [DELETED TE XT BRACKETED] Ordinance No. 3042-2018 Page 2 of 5 (a) A site plan , drawn to sca le 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) Exi sting topographical contours with not less than ten-foot (10') 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 t he site ; (5) Principal access points wh ich will be used by tru ck s 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 e xi sting landscape featu res , 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-yearfloodplain), 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 8 . survey data from a surveyor registered or licensed in the State of Alaska showing the proposed site is outside of the 1 % Annua l Chance Flood Zone , 0.2% Annual Chance Flood Zone, [OR] and high-hazard coastal areas. (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 fencing or barricading the petition area to prevent casual access ; (6) Amount and location of natural screening provided by trees and vege tation , if any, between the property lines and the proposed site of the pit; New Text Underlined; [DELETED TEXT BRACKETED] Ordinance No . 3042-2018 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 -Issuance of Pe rmit for Surface Extraction of Natural Resources , is 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 righ t-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] (5) The site plan provides that back slopes be a minimum of a 2:1 slope , except for the contiguous working face; New Text Unde rl ined ; [D ELETED T EXT BRACKETED] Ordinance No. 3042-2018 Page 4 of 5 (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 ; (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 ; (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 ; (9) The extraction does not destroy the land for the purposes for which it is zoned; (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 ; ( 11) The applicant is the owner of the subject property; ( 12) Clearing limi ts 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. (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 th is 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 1.15.0?0(f), this ordinance shall take effect 30 days after adoption. ENACTED BY THE COUNCIL OF THE CITY OF KENAI , ALASKA, this 17th day of October, 2018 . New Te xt Underlined ; [DELETED TEXT BRACKETED] Ordinance No. 3042-2018 Page 5 of 5 BRIAN GABRIEL SR., MAYOR Introduced: October 3, 2018 Enacted : October 17, 2018 Effective: November 17, 2018 New Text Underlined ; [DELETED TEXT BRACKETED] 'Vtff ~ "'/t~ a Pa$'~ Ct'tf (Qt't~ a Fu.tu.re " 210 F idalgoAve, Kenai , Alaska 99611-7794 Telephone : (907) 283-75351 Fax: (907) 283-3014 www.kenai .city MEMORANDUM TO: FROM: DATE: Mayor Brian Gabriel and Kenai City Council Scott Bloom , City Attorney September 25, 2018 SUBJECT: Ordinance No. 3042-2018, Amendment to Natural Resource Extraction Review Process Ordinance No . 3042-2018, amending KMC 14.20.151 Application for Conditional Use Permit for Surface Extraction of Natural Resources and KMC 14.20.154-Issuance of Permit for Surface Extraction of Natural Resources, essentially just makes a housekeeping change. While Council amended Ordinance 3039-2018 to change an "or" to an "and" in the following string "1% Annual Chance Flood Zone (100-yearfloodplain), 0.2% Annual Chance Flood Zone (500-yearfloodplain), and high-hazard coastal areas" in two places , it was missed in a third place , KMC14.20 .1 51(a)(7)(B), and needs to be changed there as well, Additionally, while an amendment was made to allow for survey data or federal flood plain maps to be used in the application for locating surface extraction material sites in KMC 14.20.151, a similar amendment was not made to the review process in KMC 14.20.154 which only references federal flood maps. The proposed amendments makes the two code sections consistent as shown below: KMC 14.20 .151-Application for Conditional Use Permit for Surface Extraction of Natural Resources, as amended: (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 % AnrtUal Chance Flood Zone, 0.2% Annual Chance Flood Zone, [OR] and high-hazard coastal areas . Page 2 of 2 Ord . No. 3042-2018 KMC 14 .20.154-Issuance of Permit for Surface Extraction of Natural Resources, as proposed to be amended : (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] Your consideration is appreciated. "tftff~ tt1/tli a PaJ'~ Ct'tf tt1/t/i a h.ttif'e; '' 210 Fidalgo Ave, Kena i, Alaska 99611-7794 Telephone : (907) 283-7535 I Fax: (907) 283-3014 www.kenai.city MEMORANDUM TO: FROM: DATE: SUBJECT: Mayor Brian Gabriel and Kenai City Council Scott Bloom, City Attorney October 9 , 2018 Amendment Memo for Ordinance 3042-2018 Ordinance 3042-2018 makes housekeeping amendments to the application and decision process for surface extraction of natural resources. It is requested that Council move an amendment to Section 1 of the Ordinance, as originally intended, amending 14.20.151(a)(7)(B) to read as follows : (7) Verification that the proposed surface extraction is outside of the 1 % Annual Chance Flood Zone (100-yearfloodplain), 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] ef-and high-hazard coastal areas. Your consideration is appreciated.