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HomeMy WebLinkAboutOrdinance No. 2960-2017Sponsored by: Council Member's Knackstedt and Glendening v CITY OF KENAI ORDINANCE NO. 2960 -2017 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KENAI MUNICIPAL CODE 14.25.015- LANDSCAPING /SITE PLAN FOR LAND CLEARING, AND KENAI MUNICIPAL CODE 14.25.020- APPLICATION, TO PROHIBIT LAND CLEARING OF MORE THAN TWENTY PERCENT OF A PARCEL WITHOUT AN APPROVED LANDSCAPING /SITE PLAN. WHEREAS, Kenai Municipal Code Chapter 14.25— Landscaping /Site Plan Regulations, regulates landscaping and site plan requirements in the City; and, WHEREAS, landscaping plans provide for landscaping and /or the retention of natural vegetation for commercial, industrial and multifamily development, to enhance the community environment and visual character, and to provide attractive and functional separation, providing visual and sound screening between uses, and reducing erosion and storm runoff; and, WHEREAS, site plans provide for orderly and safe development of the City commensurate with protecting the health, safety and welfare of its citizens, and support the establishment of adequate and convenient open spaces, light and air, in order to avoid congestion of commercial and industrial areas; and, WHEREAS, amendments to KMC Chapter 14.25 are needed to ensure that landscaping and site plans are approved prior to land clearing that will result in removal of more than 20% of existing trees, shrubs or natural vegetation even when no building permit is requested or required, in order to prohibit land clearing in a manner that conflicts with the purpose and intent of landscaping and site plans; and, WHEREAS, while a more comprehensive review of KMC Chapter 14.25 is being conducted by the Planning and Zoning Commission, as well as other City commissions, this Ordinance is needed at this time to prohibit land clearing without a landscape /site plan during this construction season. 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 14.25.015 of the Kenai Municipal Code: That Kenai Municipal Code, Section 14.25.015 — Landscaping /site plan for land clearing, is hereby amended as follows: 14.25.015 Landscaping /[S]Site [P]Plan for [L]Land [C]Clearing. For property covered under this chapter, submittal of a preliminary landscaping /site plan and approval by the administrative official is required prior to any land clearing and /or tree cutting where such land clearing and /or tree cutting [REMOVAL] will result in removal of [LESS] more New Text Underlined; [DELETED TEXT BRACKETED] Ordinance No. * -2017 Page 2 of 2 than [TWENTY -FIVE PERCENT (25 %)] twenty percent of the lot's [AREA HAVING] existing trees, shrubs, or natural vegetation cover as determined by the administrative official. Section 3. Amendment of Section 14.25.020 of the Kenai Municipal Code: That Kenai Municipal Code, Section 14.25.020 — Application, is hereby amended as follows: 14.25.020 Application. This chapter shall apply to all retention basins and commercial, industrial and multifamily development within the City of Kenai and shall apply to both the landscaping and site plans. "Commercial, industrial and multifamily development" and "all development" shall be defined as any land clearing and /or tree cutting resulting in removal of more than twenty percent of the lot's improvements requiring a building permit for new construction or any improvements of twenty thousand dollars ($20,000.00) or more, which adds square footage, and is: (1) located on properties within the Central Commercial (CC), General Commercial (CG), Limited Commercial (CL), Heavy Industrial (IH), Townsite Historic (TSH), Light Industrial (IL) and Education (ED) zoning districts; or (2) a multifamily development in any zone; or (3) a change of use as required in KMC 14.20.250(a). It is unlawful for any person to construct, erect or maintain any structure, building, fence or improvement, including landscaping, parking and other facilities on property requiring a landscape /site plan unless such improvements are constructed or reconstructed in a manner consistent with the approved plan. Properties zoned residential (except multifamily dwellings) are exempt from this chapter with the following exception: (1) structures identified as a commercial occupancy in Title 4 of the Kenai Municipal Code located in residential or mixed use zones requiring a building permit for new construction or any improvements of twenty thousand dollars ($20,000.00) or more, which adds square footage or a change of use as required in KMC 14.20.250(a). Section 4. 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 5. 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 7th day of June, 2017. BRIA�RI LL S t ATTEST: I �, Wily FOMQB� ( v 2, Ackil, Introduced: May 17, 2017 Enacted: June 7, 2017 •,•.•�� Effective: July 7, 2017 i v MEMORANDUM '?/,flap wit% a Past, City wid a Ftwv, 210 Fidalgo Ave, Kenai, Alaska 99611 -7794 Telephone: (907) 283 -7535 1 Fax: (907) 283 -3014 www.kenai.city TO: Mayor Brian Gabriel and Kenai City Council FROM: Council Member's Knackstedt & Glendening DATE: May 17, 2017 SUBJECT: Kenai Municipal Code 14.25 This Ordinance is introduced to prohibit land clearing and tree cutting, resulting in removal of more than 20% of existing trees, shrubs or natural vegetation on commercial, industrial and multifamily lots. It prohibits land clearing and tree cutting without a landscape /site plan, even when a building permit is not required. It also requires a landscape /site plan when more than 20% of the trees, shrubs or natural vegetation is removed, as opposed to the current code, which allows removal of 75% of the same. A more comprehensive proposed Ordinance regarding KMC Chapter 14.25 sponsored by Mayor Gabriel and Council Member Molloy is currently being reviewed by several of the City's commissions and likely will not be effective this season. This Ordinance is not intended to take the place of the proposed Ordinance currently being worked on. Instead, it is intended as a complimentary solution, to prohibit indiscriminant land clearing and tree cutting that is inconsistent with the intent of KMC Chapter 14.25 this season. As the migratory bird season comes to a close on July 15th, developers may want to conduct activities prior to the more comprehensive Ordinance taking effect. Your consideration of this Ordinance is appreciated.