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10. Temporary Variance RequestCity of Kalispell Public Works Department Post Office Box 1997, Kalispell, Montana 59903-1997 - Telephone (406)758-7720, Fax (406)758-7831 REPORT TO: Mayor and City Council FROM: James C. Hansz, P.E., Director of Public Works/City Engineer SUBJECT: Parking Lot — Temporary Variance Request MEETING DATE: August 5, 2002 BACKGROUND: Ordinance 1139 was passed in January Of 1990 to assist in improving air quality in Kalispell. It established a series of provisions and permits related to dust abatement and also required that existing gravel parking lots eventually be paved. Since then all new parking lots have been paved. This provision as written allows no exemptions and has no provision for temporary deviations of a short or fixed duration. As work begins on the downtown streetscape project this has created a problem. The City is gearing up to improve and enlarge the existing parking lot just south of the Mountain Valley Foods store on First Avenue East. This section of First Avenue East between Fifth Street and Fourth Street is also the first to be reconstructed for the streetscape project. On street parking is temporarily lost during this period. Enlargement of the parking lot would ease this problem but we believe it should not begin until after street work is complete so that there is no interference between work crews and the full parking lot area is left available for public use. Streetscape Project start-up was too rapid to allow for the parking lot expansion to be done earlier. In order to ease parking in an area of the streetscape project where this is possible, we would like to temporarily use the existing unpaved area of the parking lot for temporary parking during street reconstruction. It has been leveled and chemical stabilized to control dust. Once street construction has passed the area and on -street parking is again available we will complete improvements to the parking lot in accordance with City requirements. Ordinance 1139 does not allow for this temporary situation and relief is necessary. RECOMMENDATION: Staff recommends a temporary variance from Section V, part C, of Ordinance 1139 to allow for temporary parking on the unpaved area of the First Avenue East parking lot. ACTION REQUESTED: MOTION TO AUTHORIZE A TEMPORARY VARIANCE FROM THE REQUIREMENTS OF SECTION V, PART C, OF ORDINANCE 1139. FISCAL EFFECTS: None ALTERNATIVES: As rea Director of Public by the City Council. Ojxx-� A 2�L�- Chris A. Kukulski City Manager Report compiled July 31, 2002 ORDINANCE NO. 1139 AN ORDINANCE ENACTING AN EMISSION CONTROL PLAN FOR THE CITY OF KALISPELL TO MEET ENVIRONMENTAL PROTECTION AGENCY STANDARDS (PM-10 STANDARD), BY REQUIRING DUST ABATEMENT AND CONTROL IN THE CITY LIMITS; PRESCRIBING A PENALTY; AND DECLARING AN EFFECTIVE DATE. WHEREAS, on July 1, 1987 the Environmental Protection Agency promulgated new ambient air quality standards for particulate matter with an aerodynamic diameter of 10 microns or less (PM-10), and WHEREAS, on August 7, 1987 the Environmental Protection Agency designated Kalispell as a Group I area for the PM-10 standards, and WHEREAS, the Environmental Protection Agency has concluded that fine particulate (PM-10) presents the largest danger to human health because fine particulates can penetrate deeply into oxygen exchanging areas of the lungs and are more difficult for the human body to expel, and WHEREAS, the Kalispell Air Quality Advisory Committee was formed in the Spring of 1987 to monitor and discuss scientific information and to recommend emission control strategies, and WHEREAS, the Kalispell Air Quality Advisory Committee has presented to the City Council of the City of Kalispell a proposed set of Ordinances aimed at complying with Environmental Protection Agency standards, and WHEREAS, the City Council of the City of Kalispell considers good air quality to be a valuable resource, important to the public health, and essential to the economic well-being of the valley. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPE L AS FOLLOWS: SECTION I. MATERIALS TO BE USED ON ROADS AND PARKING LOTS; STANDARD. A) DEFINITIONS. (1) "Parking Lot" means a parcel of land located off of the public right-of-way not less than 5,000 square feet in size which is primarily used for the temporary storage of motor vehicles; a parking lot as used in this Ordinance does not include lots for the storage of special mobile equipment as defined in the Montana Code Annotated. (2) "Road" means any road or alley which is greater than 50 feet in length, and has a projected average traffic volume greater than 50 vehicles per day. B) Within the city limits of Kalispell, no person or government or private entity shall place any sanding or chip seal material upon any road or parking lot which has a durability, as defined by the fine aggregate portion of AASHTO T210, of less than or equal to 80 and has a content of material smaller than 200 mesh, as determined by standard wet sieving methods, which exceeds 3.0"/ oven dry weight. C) It shall be the responsibility of the person or government or private entity applying the sanding or chip seal material to test the material and provide to the Kalispell Public Works Department Representative data demonstrating that the material meets the specification listed in Section I prior to application Such data shall be obtained by gathering a representative sample from the supply stockpile or the material as it is produced and analyzing the material in accordance with the methods identified in Section 1. SECTION II. CONSTRUCTION AND DEMOLITION ACTIVITY A) DEFINITIONS (1) "Construction/demolition activitymeans any on -site mechanical activity preparatory to or related to building, alteration, maintenance or demolition of an improvement on real property, including: grading, excavation, filling, transport and mixing of material, loading, crushing, cutting, planning, shaping, breaking, sandblasting or spraying. (2) "Department" means the Public Works Department of the City of Kalispell. (3) "Exempt Activity" means any construction/demolition activity consisting of: (1) A building or improvement with a combined floor space of less than 3,500 square feet, or (II) A disturbed surface area of less than 4,000 square feet. (4) "Reasonably Available Control Technology" means techniques used to prevent the emission and/or the airborne transport of dust and dirt from a construction/demolition site including: application of water or other liquids, limiting access to the site, securing loads, enclosing, shrouding, compacting, stabilizing, planting, cleaning vehicles as they leave the site, scheduling the project for optimum meteorological conditions, or such other measures the department may specify to accomplish satisfactory results. B) No person or government or private entity shall engage in any construction/demolition activity, except for exempt activities, without first applying for and obtaining a permit from the department C) The applicant for a construction/demolition permit must submit an application to the department which describes the project and contains a dust control plan which constitutes reasonably available control technology. D) The department shall deny an application for a construction/demolition permit unless, in the opinion of the department, the dust control plan constitutes reasonably available control technology. SECTION in. PAVEMENT OF ROAD REQUIRED A) DEFINITIONS. (1) "Department" means the Public Works Department of the City of Kalispell. (2) "Existing street or road" means any street, road or alley which is greater than 50 feet in length, has an average traffic volume greater than 200 vehicles per day, and was in existence on January 1, 1990. (3) "New street or road" means any street, road or alley which is greater than 50 feet in length, has a projected average traffic volume greater than 50 vehicles per day, and on which construction commenced or will commence after January 1, 1990 (4) "Compliance plan" means a plan and schedule of implementation to improve an unpaved road by paving, routine application of dust suppressants or other effective measure to control fugitive dust B) Within the City of Kalispell, no person, or government or private entity shall allow the construction of a new street or road unless the street or road is paved. C) Within the City of Kalispell, no person, or government or private entity shall allow the operation, use, or maintenance of any unpaved existing street or road unless a compliance plan has been filed with and approved by the department. The compliance plan must be filed with the department by January 1, 1991, and implemented by September 30, 1992. The department may approve a compliance plan as submitted or amend the plan to include any additional reasonable dust control measures. SECTION IV. CLEARING OF LAND GREATER THAN I/4 ACRE IN SIZE. A) DEFINITIONS. (1) "Reasonably Available Control Technology" means techniques used to prevent the emission and/or the airborne transport of dust and dirt from any disturbed or exposed land including: planting vegetative cover, providing synthetic cover, watering and/or chemical stabilization, covering with coarse aggregate, installing wind breaks, or other equivalent method or techniques approved by the department. (2) "Department" means the Public Works Department of the City of Kalispell B) Within the city limits of Kalispell, the owner or operator of any land area greater than 1/4 acre in size that has been cleared or excavated, with the exception of firebreaks authorized by the Kalispell mayor or city council, shall employ reasonably available control technology to control dust emissions within 60 days after notification by the department or the Flathead City -County Health Department that visible emissions were observed leaving the premises or that the premises have remained in an uncontrolled state for over 90 days. C) The Flathead City -County Health Department may order the owner or operator of any land area that has been cleared or excavated to immediately employ reasonably available control technology to control dust emissions when the emissions present an immediate threat to human health and welfare. SECTION V. PARKING LOTS. A) DEFINITIONS (1) "Parking lot" means a parcel of land located off of the public right-cf-way not less than 5,000 square feet in size which is primarily used for the temporary storage of motor vehicles; a parking lot as used in this Ordinance rives not include lots for the storage of special mobile equipment as defined in the Montana Code Annotated (2) " Existing parking lot" means any parking lot which was in existence and use on January 1, 1990. • (3) "New parking lot" means any parking lot on which construction commenced after January 1, 1990. (4) "Compliance plan" means a plan and schedile of implementation to improve an unpaved parking lot by paving, routine application of dust suppressants including grass or other effective measure to control fugitive dust. (5) "Department" means the Public Works Department of the City of Kalispell. B) Within the City of Kalispell, no person, or government or private entity shall construct any new parking lot which has a parking area greater than 5,000 square feet or private drive through business lane, or a parking capacity greater than 15 vehicles or a traffic volume of more than 50 vehicles per day, unless the parking lot is paved C) Within the City of Kalispell, no person, or government or private entity shall allow the operation, use, or maintenance of any existing unpaved parking lot which has a parking area greater than 5,000 square feet or private drive through business lane or a parking capacity greater than 15 vehicles or a traffic volume of more than 50 vehicles per day unless a compliance plan has been filed with and approved by the department. The compliance plan must be filed with the department by January 1, 1991 and implemented by September 30, 1992. The department may approve a compliance plan as submitted or amend the plan to include any additional reasonable control measures. SECTION VI. PENALTIES Any person or corporation, whether owner, lessee, principal agent employee or otherwise, who knowingly or purposely violates any of the provisions of this Ordinance or permits any violation or fails to comply with any of the requirements thereof, shall be guilty of a misdemeanor and upon conviction thereof, shall be punished by a fine ofnot more than five hundred dollars (S500.00) and/or six months in jail for each offense. Each week's continued violation shall constitute a separate additional offense. SECTION VII, EFFECTIVE DATE. This Ordinance shall become effective from and after thirty (30) days of its final passage by the City Council and approval by the Mayor. SECTION VM. SEVERABILITY. The provisions of the Ordinance are severable if any section, sentence, clause, or phrase of this Ordinance is adjudged by a court of competent jurisdiction to be invalid, the decision shall not affect the remaining portions of this Ordinance. PASSED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AND APPROVED BY THE MAYOR THIS-ZtP DAY OF JANUARY . 1990. 4