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HomeMy WebLinkAbout2017-03-29 Planning & Zoning Packet - Work SessionAGENDA PLANNING & ZONING COMMISSION WORK SESSION MARCH 29, 2017 — 6:00 P.M. KENAI CITY COUNCIL CHAMBERS 210 FIDALGO AVE., KENAI, AK 99611 http://www.kenai.city A. Call to Order B. Introduction (City Planner, Matt Kelley) C. Review and discuss an Ordinance to the Council of the City of Kenai, Alaska, Amending Kenai Municipal Code Chapter 14.25 — Landscaping/Site Plan Regulations, to Require Landscaping and Site Plans for all Retention Basins, Commercial, Industrial and Multifamily Development and Land Clearing in Certain Zones in the City and Making other Housekeeping Changes. D. Public Comment (Public comment limited to three (3) minutes per speaker- thirty (30) minutes aggregated) E. Planning and Zoning Commission Discussion F. Adjournment All meetings are open to the public and participation is encouraged. Agendas and supporting documents are posted on the City's website at www.ci.kenai.ak.us. For additional information, please contact the Planning and Zoning Division at 907-283-8235. _ L� -f�1'.K •..�r:R. . _ _ � �� 'I T' .t 1. 7L r L • he. 0 EO 0 "Vllaye with a Past, C# with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: 907-283-7535 / FAX: 907-283-3014 www.kenai.citV MEMORANDUM TO: Jeff Twait, Planning Commission Chair and Commissioners FROM: Council Member Molloy and Mayor Gabriel CC: Matt Kelley DATE: February 21, 2017 SUBJECT: Ordinance Amending Landscaping and Site Plan Regulations This Ordinance as proposed requires landscaping and site plans prior to land clearing even when a building permit is not required for development. Other additional housekeeping changes are recommended. Determinations by the City Planner regarding Landscaping and Site Plans are appealable to the Board of Adjustment. The following is a sectional analysis of each recommended change in KMC Chapter 14.25: 1. KMC 14.25.010 is amended in subsection (b) for consistency purposes using language that was previously included in KMC 14.25.040 (where the same language is proposed to be deleted) and in subsection (c) the definition of multifamily development is deleted and moved to the new definitions section in KMC 14.25.100. 2. KMC 14.25.015 is deleted in its entirety. Land clearing is instead addressed in KMC 14.25.020. This section previously required a landscaping and site plan only when clearing resulted in less than 25% of the lot area having existing trees, shrubs, or natural vegetation cover and by virtue of KMC 14.25.020, arguably, only when a building permit or expansion of an existing facility was sought. The Ordinance as proposed requires a landscape and site plan prior to any commercial, industrial or multifamily development and prior to any land clearing as defined in the new definitions section (KMC 14.25.100). 3. KMC 14.25.020 is amended by moving definitions `commercial, industrial and multifamily development'' to the new definitions section and adding land clearing into this section that was previously addressed in KMC 14.25.015. Additionally, language regarding penalties is deleted and replaced in the Penalties section of the chapter addressed in KMC 14.25.090. 4. KMC 14.25.030 is amended to require the submission to the City Planner of Stormwater Pollution Prevention Plans, for informational purposes. 5. KMC 14.25.040 is amended by removing the intent language that begins the section and moving it to KMC 14.25.010 for consistency and to reduce Page 1 of 38 Planning Commission Memo February 21, 2017 Page 2 of 2 redundancy in the chapter. Other minor housekeeping changes involving lettering for organization purposes are also recommended for this section. 6. KMC 14.25.080 is amended to remove the term "construction" because the chapter applies to land clearing by itself, which may not be considered a construction activity. 7. KMC 14.25.090 is amended to define what is prohibited as previously provided in KMC 14.25.020 with additional language addressing land clearing. 8. KMC 14.25.100 is amended to include all definitions for the chapter, as opposed to just "landscaping." Additional definitions include "land clearing," "commercial, industrial or multifamily development' and "multifamily development." The main material change is a definition of "land clearing" as follows: "Land clearing" for purposes of this chanter means tree cutting or other means of removal of trees and established vegetation, other than the cutting of dead trees for the purpose of firewood collection or fire protection, on properties within the Central Commercial (CC), General Commercial (CG), Limited Commercial (CL) Heavv Industrial (IH), Townsite Historic (TSH), Light Industrial (IL) Airport Light Industrial (ALI) and Education (ED) zoning districts. Your consideration is appreciated. Page 2 of 38 CITY OF KENAI IINANCE NO. *-2017 Sponsored by: Mayor Gabriel Councilmember Molloy AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KENAI MUNICIPAL CODE CHAPTER 14.25-LANDSCAPING/SITE PLAN REGULATIONS, TO REQUIRE LANDSCAPING AND SITE PLANS FOR ALL RETENTION BASINS, COMMERCIAL, INDUSTRIAL AND MULTIFAMILY DEVELOPMENT AND LAND CLEARING IN CERTAIN ZONES IN THE CITY AND MAKING OTHER HOUSEKEEPING CHANGES. 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 and buffers in conjunction with 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 barriers or buffers 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 code are needed to ensure that landscaping and site plans are approved prior to land clearing 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, other housekeeping amendments are required to reduce redundancy and improve clarity in KMC Chapter 14.25. 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 14.25.010 of the Kenai Municipal Code: That Kenai Municipal Code, Section 14.25.0 10 - Intent, is hereby amended as follows: 14.25.010 Intent. (a) Site Plans. It is the intent of this chapter to provide for orderly and safe development of the City commensurate with protecting the health, safety and welfare of Page 3 of 38 its citizens, and to support the establishment of adequate and convenient open spaces, light and air, in order to avoid congestion of commercial and industrial areas with residential zones. (b) Landscaping Plans. It is the intent of this chapter to provide for landscaping and/or the retention of natural vegetation in conjunction with 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 barriers or buffers between uses [THE GENERAL PURPOSE OF LANDSCAPING IS TO VISUALLY ENHANCE THE CITY'S APPEARANCE, PROVIDE ATTRACTIVE AND FUNCTIONAL SEPARATION AND SCREENING BETWEEN USES] and reduce erosion and storm runoff. [(C) FOR PURPOSES OF THIS CHAPTER, MULTIFAMILY DEVELOPMENT MEANS A FOUR (4) OR MORE FAMILY DWELLING.] Section 3. Deletion of Section 14.25.015 of the Kenai Municipal Code: That Kenai Municipal Code, Section 14.2 5.015 - Landscaping/ Site Plan for Land Clearing, is hereby deleted as follows: [14.25.015 LANDSCAPING/SITE PLAN FOR LAND 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 REMOVAL WILL RESULT IN LESS THAN TWENTY-FIVE PERCENT (25%) OF THE LOT AREA HAVING EXISTING TREES, SHRUBS, OR NATURAL VEGETATION COVER AS DETERMINED BY THE ADMINISTRATIVE OFFICIAL.] Section 4. 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]a. Approved Landscaping and Site Plans are required for the following [CHAPTER SHALL APPLY TO]: (aa) All retention basins, [AND] (b) 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 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 Page 4 of 38 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 (c) Land clearing. 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 5. Amendment of Section 14.25.030 of the Kenai Municipal Code: That Kenai Municipal Code, Section 14.25.030 - Landscaping/ site plan - Submittal requirements, is hereby amended as follows: 14.25.030 Landscaping/[S]Site [P]Plan-Submittal [R]Requirements. One copy of the landscaping/ site plan (eleven inches (11") by seventeen inches (17") size) shall be submitted for approval to the Administrative Official prior to the issuance of a building permit. If approved, a zoning permit shall be issued and on file in the Planning Department and the Building Official will be notified. The landscaping/ site plan shall be prepared at a minimum scale of one inch (1") equals twenty feet (20') and shall include the following information: (a) Scientific or common name or type of planting materials to be used in the project; (b) Typical planting details; (c) Location of all planting areas and relationship to buildings, parking areas and driveways; (d) Identification and location of existing vegetation to be retained; (e) Identification and location of non -living landscaping materials to be used; ffi Identification of on-site snow storage areas; (g) Drainage patterns; (h) Description of buildings, including building height and ground floor dimensions; (i) Physical features of the property including location of all buildings, ingress and egress, any unusual features of the property which may restrict development or drainage Page 5 of 38 (i) When Stormwater Pollution Prevention Plans (SWPP) are required, a copy of the Plan shall be provided to the City Planner. Section & Amendment of Section 14.25.040 of the Kenai Municipal Code: That Kenai Municipal Code, Section 14.25.040 - Landscaping Plan- Performance Criteria, is hereby amended as follows: 14.25.040 Landscaping [P]Plan—Performance [C]Criteria. [INTENT. LANDSCAPING REQUIRED UNDER THIS SECTION IS INTENDED TO ENHANCE THE COMMUNITY ENVIRONMENT AND VISUAL CHARACTER AND TO PROVIDE ATTRACTIVE AND FUNCTIONAL SEPARATION TO PROVIDE VISUAL AND SOUND SCREENING BARRIERS BETWEEN USES.] (a) Objectives for Landscaping Plan. An effective landscaping plan should utilize a variety of techniques for achieving the intent of this section. The appropriate placement or retention of vegetation in sufficient amount will provide the best results. Perimeter, interior, street right-of-way, and parking lot landscaping must be included as components of the overall landscaping plan. (b) Perimeter/Buffer Landscaping. Perimeter/buffer landscaping involves the land areas adjacent to the lot lines within the property boundary. This buffer landscaping serves to separate and minimize the impact between adjacent uses. Buffer landscaping may be desirable along the perimeter of the property to shield vehicular or building lights from adjacent structures and to provide a visual separation between pedestrians and vehicles and commercial and residential uses. Landscaping adjacent to residential zones shall have landscaping beds/buffers that meet all of the following minimum standards: (1) Landscaping Beds. Minimum in width equal to the setback along all property lines, which adjoin residential zones, exclusive of driveways and other ingress and egress openings. (2) Screening. Developers are encouraged to maintain natural screening when existing screening meets the intent of this chapter to shield between residential and commercial uses. When natural screening does not exist or is lost due to weather or disease, the following requirements must be used to meet the intent of this chapter: (A) Combination of shrubbery and trees; and/or (B) Fencing. A six-foot (6') high wood fence or masonry wall fence shall be required only to meet screening of the developed portion of the property. Sections of the fence must be no longer than twenty-five feet (25'). Sections must be off -set a minimum of four feet (4') so as not to impede the movement of wildlife. (3) Ground Cover. One hundred percent (100%) within three (3) years of planting and continuous maintenance so there will be no exposed soil. Flower beds may be considered ground cover. Page 6 of 38 (4) Trees and/or shrubs appropriate for the climate shall be included in the landscaping beds. (c) Interior landscaping involves those areas of the property exclusive of the perimeter and parking lot areas. Interior landscaping is desirable to separate uses or activities within the overall development. Screening or visual enhancement landscaping is recommended to accent or complement buildings, to identify and highlight entrances to the site, and to provide for attractive driveways and streets within the site. Landscaping may include landscaping beds, trees, and shrubs. (d) Parking Lot Landscaping. Parking lot landscaping involves the land areas adjacent to or within all parking lots and associated access drives. Parking lot landscaping serves to provide visual relief between vehicle parking areas and the remainder of the development. It also is desirable for the purpose of improving vehicular and pedestrian circulation patterns. (e) Street right-of-way landscaping softens the impact of land uses along street rights-of-way, but does not obscure land uses from sight. Landscaping beds must meet all of the following minimum standards; except where properties are adjacent to State of Alaska rights-of-way, the Administrative Officer may approve alternatives, which meet the intent of this section but protect landscaping from winter maintenance damage. (1) Landscaping Beds. Minimum of ten feet (10') in width along the entire length of the property lines which adjoin street rights-of-way, exclusive of driveways and other ingress and egress openings; (2) Ground Cover. One hundred percent (100%) ground cover of the landscaping bed within three (3) years of planting and continuous maintenance so there will be no exposed soil; (3) Trees and/or shrubs appropriate for the climate shall be included in the landscaping beds. (t) Review. The Administrative Official may consider plans for amendments if problems arise in carrying out the landscaping/ site plan as originally approved. Section 7. Amendment of Section 14.25.080 of the Kenai Municipal Code: That Kenai Municipal Code, Section 14.25.080 - Expiration, is hereby amended as follows: 14.25.080 Expiration. If [CONSTRUCTION OF] the project has not started within one (1) year of approval of the landscaping/site plan, the approval may be revoked by the Administrative Official after providing at least thirty (30) days' notice unless extended for good cause. Section 8. Amendment of Section 14.25.090 of the Kenai Municipal Code: That Kenai Municipal Code, Section 14.25.090 - Penalties, is hereby amended as follows: 14.25.090 Penalties. Page 7 of 38 No person may cut trees, (other than the cutting of dead trees for firewood or fire protection) 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. Penalties for noncompliance with this chapter shall be as set forth by KMC 14.20.260. Section 9. Amendment of Section 14.25.015 of the Kenai Municipal Code: That Kenai Municipal Code, Section 14.25.100 - Landscaping, is hereby amended and renamed as follows: 14.25.100 Definition [—LANDSCAPING]. (a) "Land clearing" for purposes of this chapter means tree cutting or other means of removal of trees and established vegetation, other than the cutting of dead trees for the purpose of firewood collection or fire protection, on properties within the Central Commercial (CC), General Commercial (CG), Limited Commercial (CL), Heavy Industrial (IH), Townsite Historic (TSH), Light Industrial (IL), Airport Light Industrial (ALI) and Education (ED) zoning districts. fttl "Landscaping" means the treatment of the ground surface with live planting materials, including but not limited to, trees, shrubs, grass, ground cover or other growing horticultural material. Other materials such as wood chips, stone, or decorative rock may also be utilized. (c) "Commercial, industrial and multifamily development' and "all development' for purposes of this Chapter means any 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), Airport Light Industrial (ALI) 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). (d) "Multifamily development" for purposes of this Chapter means a four (4) or more family dwelling. Section 10. 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 11. Effective Date: That pursuant to KMC 1.15.070(f), this ordinance shall take effect 30 days after adoption. Page 8 of 38 ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this * day of *, 2017. ATTEST: Sandra Modigh, City Clerk BRIAN GABRIEL, MAYOR Page 9 of 38 Introduced: *, 2017 Enacted: *, 2017 Effective: *, 2017 "Village with a Past, Ci� with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 t, and Telephone: 907-283-7535 / FAX: 907-283-3014 11111.1 1997 MEMORANDUM: TO: Planning and Zoning Commission FROM: Matt Kelley, City Planner DATE: March 29. 2017 SUBJECT: Ordinance Amending Landscaping / Site Plan Regulations The purpose of this communication is to provide additional information to the Planning and Zoning Commission with regards to the proposed amendments to Kenai Municipal Code, Chapter 14.25 — Landscaping / Site Plan Regulations. City's Comprehensive Plan, Imagine Kenai 2030 Attached for consideration by the Planning and Zoning Commission are selected pages from Chapter 6: Goals, Objectives, and Implementation of Imagine Kenai 2030. The attached pages are from Goal 1 — Quality of Life, Goal 2 — Economic Development, and Goal 3, Land Use. Imagine Kenai 2030 discusses the sitting and design of land uses that are in harmony and scale with surrounding uses (Goal 1 — Quality of Life, #Q-4, Goal 3 — Land Use, #LU -1), and update existing site design guidelines for commercial development — landscaping, setbacks, parking (Goal 1 — Quality of Life, #Q-5). The City's Comprehensive Plan also states as Action Items to "Update existing guidelines for commercial development — utilities, landscaping, setbacks, parking" (Goal 2). As well, as "Review landscaping design requirements to require retention of natural vegetation; to define and provide buffers between incompatible land uses." (Goal 3). The proposed ordinance addresses several goals and objectives in our comprehensive plan that call for code amendments in order to promote and encourage more attractive commercial development, retention of natural vegetation and improved separation of incompatible land uses. The proposed revisions would offer improved flexibility to developers when considering landscaping options and provide incentives to retain existing vegetation. Page 10 of 38 Airport Light Industrial Zone (ALI) The proposed ordinance would apply to those parcels which are zoned Airport Light Industrial (ALI) inside the Airport Reserve Boundary. In reviewing the proposed Ordinance, a developer who is constructing new improvements on the Airport, would be required to add landscaping. While landscaping helps to provide screening between uses, it could present a hazard to aircraft. Therefore, staff would like to suggest to the Commission to consider amending the ordinance to require landscaping only within areas of a parcel, which are accessible by the public. This could be restricted to parking lots, side yards, walk areas, and other similar areas, which the public would have unrestricted access. Therefore, landscaping would not be required within restricted access areas to eliminate potential hazards to aircraft. Thank you for your consideration. Page 11 of 38 1 vwuag i A� Ketitiav 2030 City of Kenai Comprehensive Plan July 2016 Page 12 of 38 6.2 Goal 1- Quality of Life: Promote and encourage quality of life in Kenai. Vision: Kenai is a healthy community that provides for the emotional, physical, economic and spiritual wellbeing of all of its citizens; promotes the health and wellbeing for all age groups; provides opportunities for lifelong learning, and, encourages arts and cultural activities. 7 Q-1 Ensure that Kenai is a community where people and property are safe. Q-2 Protect and rejuvenate the livability of existing neighborhoods Q-3 Promote beautification programs in Kenai. Q-4 Promote the siting and design of land uses that are in harmony and scale with surrounding uses. Q-5 Update existing site design guidelines for commercial development - landscaping, setbacks, parking. Q-6 Update the subdivision code to include site design standards. Q-7 Provide a variety of formal and informal educational programs. Q-8 Collaborate with local Alaska Native organizations to identify culturally sensitive issues and areas of importance in Kenai. Q-9 Encourage healthy lifestyles by providing opportunities and/or facilities for outdoor activities. Q-10 Continue to support existing senior services and the development of additional services and housing. Q-11 Identify requirements for nominating the Townsite Historic District (TSH) to the National Register Historic District. Q-12 Update Historic District design standards in the city's land use regulations. Q-13 Develop strategies in cooperation with state and federal agencies to ensure there is adequate affordable housing in Kenai. Q-14 Continue to foster a compact, intensive mix of private and public uses in the downtown core area. Q-15 Acknowledge the, emergence of other commercial centers. Q-16 Provide a wide variety of opportunities for the public to participate in public policy decision-making. Imagine Kenai 2030 Comprehensive Plan 78 Kenai Peninsula Borough Assembly Adopted - January 3, 2017 Page 13 of 38 • Update site design standards. • Conduct a housing inventory. • Research process and information needed for creating a TSH District. • , Evaluate the opportunity for multiple city centers - definitions, criteria, standards for development • Update/revise subdivision code. • Prepare an urban trail and greenbelt system plan that connects with other trail systems. July 2016 6.3 Goat 2 - (Economic Deve➢opment: Provide economic development to support the fiscal health of Kenai Vision: Kenai has a secure economic vitality by being a community that has a wide variety of job opportunities and workforce support and development, by providing a quality of life and financial climate that encourages businesses to start up, expand or relocate to Kenai; and, by providing a built environment based on standards that sustain long-term economic viability and growth and that promotes affordable residential and commercial development. IM Kenai Fine Arts Center ED -1 Promote projects that ED -6 Prior to zoning property to create workforce commercial, consider if use has access to development opportunities. collector or arterial road, access to city ED -2 Implement business- services, and that potential conflicts with friendly regulations, adjacent non-commercial uses have been taxation and incentives to minimized through site design, create a stable, positive landscaping, or other appropriate climate for private measures. investment. ED -7 Prior to zoning to industrial, ED -3 Use regional economic consider if use has access to collector or and workforce statistics to arterial road, access to city services, that match the most suitable potential conflicts with adjacent non - type of industry for industrial uses have been minimized particular areas and then through site design, and that potential market these areas. hazards from the proposed industrial use ED -5 Promote adaptive have been minimized. reuse of vacant commercial ED -8 Reserve areas zoned for industry for buildings in the city center industrial uses. and along the Kenai Spur ED -9 Capitalize on the tourism industry Highway. by marketing Kenai as a destination for recreational activities, conventions, festivals, arts, cultural and other events. 5._ n 7j P'4 s • Develop a recruitment strategy to attract and compete for specific businesses and industries that are necessary to maintain the local economy. • Conduct inventory of industrial lands. • Conduct a cost -benefit analysis of development incentive programs such ti as reverse taxation, tax relief, and tax deferral. • Update existing guidelines for commercial development - utilities, landscaping, setbacks, parking. Imagine Kenai 2030 Comprehensive Plan 79 July 2016 Kenai Peninsula Borough Assembly Adopted - January 3, 2017 Page 14 of 38 6.4 Coal 3 — Land Use: Develop land use strategies to implement a forward-looking approach to community growth and development. Vision. Kenai implements- a forward- looking approach to community growth and development by establishment of several different zoning districts that reflect the needs of each district, and, by providing commercial, industrial, and residential areas suited to current and probable futuregrowth. DR -L712 e uc m37 LU -11 Where feasible, consolidate access s' VA J&i rl LU -1 Establish siting and . Determine if current design standards so that to and between land uses via frontage zoning and subdivision development is in harmony roads or by shared driveways onto main codes are consistent and scale with surrounding streets/highways. with the goals and uses. LU- 12 Ensure that the installation of basic objectives of the LU -2 Promote the infill of public infrastructure (roads, sewer; comprehensive plan. existing, improved water, and drainage) is coordinated with . Update the subdivision subdivision lots. the timing -of development and that code to include Bite LU -3 Review existing zoning improvements are in place at the time design standards, and subdivision codes to impacts occur. requirements for the determine if they address LU -13 Coordinate transportation reservation of open current and future land uses improvements with the city's land use space and parks in new adequately. plan, capital improvements program, subdivisions. LU -4 Review revitalization Alaska Department of Transportation & a Review landscaping strategies for the area Public Facilities transportation plans, the design requirements to adjacent to the Bridge Access Kenaitze Indian Tribe, and Salamatof require retention of Road beginning at Millennium Tribal Council. natural vegetation; to Square to the boat landing. LU -14 Ensure a pattern of connecting define and provide LU -5 Support development at streets and blocks that allows people to buffers between emerging community get around easily by foot, bicycle or car incompatible land uses. "centers" that lie outside the when approving new developments, both . Evaluate the creation of major employment centers commercial and multifamily. two conservation zones - but provide a mix of retail, LU -15 Review the siting of oil and gas one for natural areas and service, and residential uses. development. one appropriate for some LU -16 Support implementation of the improvements. City's Kenai Airport Master Plan Capital . Prepare an urban trail Improvements Program. and greenbelt system Imagine Kenai 2030 Comprehensive Pian 80 Kenai Peninsula Borough Assembly Adopted - January 3, 2017 Page 15 of 38 July 2016 E £Xdl1J.:) A#wbw; 6 `t AM;'yY LU -6 Review Zoning Code to LU -17 Coordinate senior services and plan that connects with consider use of buffers and facilities with improvements to the city other trail systems. buffer zones to separate center or downtown core. • Develop revitalization incompatible land uses. LU -18 Provide a wide variety of strategies to support the Review landscaping opportunities for the public to participate marketing of waterfront ordinance to ensure buffers in local land use decisions. area (Bridge Access are required to protect Millennium Square to neighborhoods. Boat Harbor). LU -7 Identify city -owned and . Develop standards or public -owned lands guidelines for the siting appropriate for rezoning to of oil and gas protect natural areas and development. open space. . Annually review land use LU -8 Prohibit development in map to monitor changes natural hazard areas. in land use. LU -9 Locate parks near . Explore various media to schools, residential areas not expand public served now. involvement in planning LU -10 Encourage creative activities and decisions. subdivision design for residential areas. Imagine Kenai 2030 Comprehensive Plan 81 Kenai Peninsula Borough Assembly Adopted - January 3, 2017 Page 16 of 38 July 2016 3/24=17 Kenai Municipal Code Up Previous Nea,. Title 14 PLANNING AND ZONING Chapter 14.25 LANDSCAPING/SITE PLAN REGULATIONS tivliapse Search Print No Frames Chapter 14.25 LANDSCAPING/ SITE PLAN REGULATIONS 14.25.010 Intent. (a) Site Plans. It is the intent of this chapter to provide for orderly and safe development of the City commensurate with protecting the health, safety and welfare of its citizens, and adequate and convenient open spaces, light and air, in order to avoid congestion of commercial and industrial areas. (b) Landscaping Plans. It is the intent of this chapter to provide for landscaping and/or the retention of natural vegetation in conjunction with commercial industrial and multifamily development within the City of Kenai. The general purpose of landscaping is to visually enhance the City's appearance, provide attractive and functional separation and screening between uses and reduce erosion and storm runoff. (c) For purposes of this chapter, multifamily development means a four (4) or more family dwelling. (Ords. 2148-2006, 2209-2007, 2288-2008) 14.25.015 Landscaping/site plan for land 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 removal will result in less than twenty-five percent (25%) of the lot area having existing trees, shrubs, or natural vegetation cover as determined by the administrative official. (Ords. 2148-2006, 2209-2007, 2288-2008) 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 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). (Ords. 2148-2006, 2185-2006, 2209-2007, 2288-2008, 2434-2009) 14.25.025 Retention basins. (a) Development of retention basins (retention ponds) in any zone requires submittal of a landscape site plan. Applications must include the following: (1) Copies of the design prepared by an engineer licensed in the State of Alaska under AS 08.48; (2) Approval by the State of Alaska, Department of Environmental Conservation for the project; (3) The site around the retention basin must be adequately fenced (six-foot (6) minimum) in order to protect access and provide safety; and Page 17 of 39 h4ip:1Mw .gcode.us/codeslkera/ 116 3@4/2017 Chapter 14.25 LANDSCAPING/SITE PLAN REGULATIONS (4) The area around the fence must be landscaped to provide screening of the site. The landscaping should include shrubs, bushes, trees and ground cover to provide screening. (b) Retention basins in existence at the effective date of the ordinance codified in this section are not considered nonconforming and must comply with the requirements of this chapter within one (1) year of the effective date of the ordinance coded in this section. (Ord. 2434-2009) 14.25.030 Landscaping/ site plan—Submittal requirements. One copy of the landscaping/site plan (eleven inches (11") by seventeen inches (17") size) shall be submitted for approval to the Administrative Official prior to the issuance of a building permit. If approved, a zoning permit shall be issued and on file in the Planning Department and the Building Official will be notified. The landscaping/site plan shall be prepared at a minimum scale of one inch (I") equals twenty feet (20) and shall include the following information: (a) Scientific or common name or type of planting materials to be used in the project; (b) Typical planting details; (c) Location of all planting areas and relationship to buildings, parking areas and driveways; (d) Identification and location of existing vegetation to be retained; (e) Identification and location of non -living landscaping materials to be used; (f) Identification of on-site snow storage areas; (g) Drainage patterns; (h) Description of buildings, including building height and ground floor dimensions; (i) Physical features of the property including location of all buildings, ingress and egress, any unusual features of the property which may restrict development or drainage. (Ords. 2148-2006, 2209-2007, 2288-2008) 14.25.040 Landscaping plan—Performance criteria. Intent. Landscaping required under this section is intended to enhance the community environment and visual character and to provide attractive and functional separation to provide visual and sound screening barriers between uses. (a) Objectives for Landscaping Plan. An effective landscaping plan should utilize a variety of techniques for achieving the intent of this section. The appropriate placement or retention of vegetation in sufficient amount will provide the best results. Perimeter, interior, street right-of-way, and parking lot landscaping must be included as components of the overall landscaping plan. (b) Perimeter/Buffer Landscaping. Perimeter/buffer landscaping involves the land areas adjacent to the lot lines within the property boundary. This buffer landscaping serves to separate and minimize the impact between adjacent uses. Buffer landscaping may be desirable along the perimeter of the property to shield vehicular or building lights from adjacent structures and to provide a visual separation between pedestrians and vehicles and commercial and residential uses. Landscaping adjacent to residential zones shall have landscaping beds/buffers that meet all of the following minimum standards: (1) Landscaping Beds. Minimum in width equal to the setback along all property lines, which adjoin residential zones, exclusive of driveways and other ingress and egress openings. (2) Screening. Developers are encouraged to maintain natural screening when existing screening meets the intent of this chapter to shield between residential and commercial uses. When natural screening does not exist or is lost due to weather or disease, the following requirements must be used to meet the intent of this chapter: (A) Combination of shrubbery and trees; and/or Page 18 of 38 http:/Aw gcode.w/CodeAenei/ 2/5 3/24IM17 Chapter 14.25 LANDSCAPING/SrrE PLAN REGULATIONS (B) Fencing. A six-foot (6) high wood fence or masonry wall fence shall be required only to meet screening of the developed portion of the property. Sections of the fence must be no longer than twenty- five feet (25). Sections must be off -set a minimum of four feet (4) so as not to impede the movement of wildlife. (3) Ground Cover. One hundred percent (1001/6) within three (3) years of planting and continuous maintenance so there will be no exposed soil. Flower beds may be considered ground cover. (4) Trees and/or shrubs appropriate for the climate shall be included in the landscaping beds. (c) Interior landscaping involves those areas of the property exclusive of the perimeter and parking lot areas. Interior landscaping is desirable to separate uses or activities within the overall development. Screening or visual enhancement landscaping is recommended to accent or complement buildings, to identify and highlight entrances to the site, and to provide for attractive driveways and streets within the site. Landscaping may include landscaping beds, trees, and shrubs. (d) Parking Lot Landscaping. Parking lot landscaping involves the land areas adjacent to or within all parking lots and associated access drives. Parking lot landscaping serves to provide visual relief between vehicle parking areas and the remainder of the development. It also is desirable for the purpose of improving vehicular and pedestrian circulation patterns. (e) Street right-of-way landscaping softens the impact of land uses along street rights-of-way, but does not obscure land uses from sight. Landscaping beds must meet all of the following minimum standards; except where properties are adjacent to State of Alaska rights-of-way, the Administrative Officer may approve alternatives, which meet the intent of this section but protect landscaping from winter maintenance damage. (1) Landscaping Beds. Minimum often feet (101 in width along the entire length of the property lines which adjoin street rights-of-way, exclusive of driveways and other ingress and egress openings; (2) Ground Cover. One hundred percent (100%) ground cover of the landscaping bed within three (3) years of planting and continuous maintenance so there will be no exposed soil; (3) Trees and/or shrubs appropriate for the climate shall be included in the landscaping beds. (f) Review. The Administrative Official may consider plans for amendments if problems arise in carrying out the landscaping/site plan as originally approved. (Ords. 2148-2006, 2209-2007, 2288-2008, 2421-2009) 14.25.045 Site plan—Performance criteria. (a) Objectives. An effective site plan should utilize a variety of techniques for achieving the intent of this chapter. The appropriate placement or retention and improvements of buildings, parking lots, etc. should be considered on the site plan. (b) Buildings. A commercial or industrial use housed in the building is to be compatible with the surrounding properties, land use plan, and not be hazardous to the health, safety and welfare of citizens. (c) Special Permits. The site plan shall list any special permits or approvals which may be required for completion of the project. (d) Parking Lots. Parking lots referenced on the site plan shall comply with KMC 14.20.250. (1) Paving is required for "commercial development" including a multifamily development requiring a building permit valued at one hundred thousand dollars ($100,000.00) or more for new construction, or any improvements which adds square footage valued at one hundred thousand dollars ($100,000.00) or more, and the property is located between Evergreen Drive and McCollum Drive/Tinker Lane as shown in the map marked Appendix 1 to this chapter. (2) Exception to this requirement: (i) Properties zoned Heavy Industrial are exempt from the paving requirement. (e) Snow Storage/Removal and Drainage. Snow storage/removal and drainage as referenced on the site plan shall be compatible with the surrounding area. Page 19 of 38 http:/tww .gcode.m/codes/kerei/ 3t6 3/2412017 Chapter 14.25 LANDSCAPING/SITE PLAN REGULATIONS (f) Dumpsters. Dumpsters must be screened with a sight -obscuring structure made of wood or concrete. The Administrative Official may approve other construction materials. (g) Access. Properties adjacent to residential zones should provide ingress and egress to ensure commercial traffic is routed away from residential streets. Access should be from an arterial street. Developments may be required to develop frontage roads and are encouraged to consolidate existing access points. (Ords. 2148-2006, 2209-2007, 2288-2008, 2421-2009) 14.25.050 Approval. Unless extended for good cause, the Administrative Official shall review and take action on a landscaping and site plan within fourteen (14) days of satisfactory submittal. The Building Official shall issue a building permit upon approval of the associated landscaping/site plan providing all of the other requirements for the issuance of a building permit have been met. Any appeal of the action of the Administrative Official shall be in accordance with KMC 14.20.290. (Ords. 2148-2006, 2209-2007, 2288-2008) 14.25.060 Completion—Landscaping plan. All required landscaping as presented in the approved landscaping plan shall be installed within two (2) years after approval of the landscaping/site plan. (Ords. 2148-2006, 2209-2007, 2288-2008) 14.25.065 Completion—Site plan. All requirements as outlined in Section 14.25.045 shall be installed according to the site plan as approved by both developer and the Administrative Official. (a) The required parking lot paving shall be completed within two (2) years after issuance of the certificate of occupancy. (Ords. 2148-2006, 2209-2007, 2288-2008) 14.25.070 Modifications—Variances. (a) Whenever there are practical difficulties in carrying out the provisions of this chapter, the Administrative Official may grant minor modifications for individual cases, provided the Administrative Official fords that a special individual reason makes the strict letter of this chapter impractical and that the modification is in conformity with the intent and purposes of this chapter. (b) If the Administrative Official refuses to grant modifications to the provisions of this chapter, an applicant may apply for a variance from the requirements of this chapter using the process and standards set out in KMC 14.20.180. (Ords. 2148-2006, 2209-2007, 2288-2008, 2421-2009) 14.25.080 Expiration. If construction of the project has not started within one (1) year of approval of the landscaping/site plan, the approval may be revoked by the Administrative Official after providing at least thirty (30) days' notice unless extended for good cause. (Ords. 2148-2006, 2209-2007, 2288-2008) 14.25.090 Penalties. Penalties for noncompliance with this chapter shall be as set forth by KMC 14.20.260. Page 20 of 38 http:/Avww.gcode.us/codesfkeriai/ 416 3/24/2017 Chapter 14.25 LAN DSCAPING/SITE PLAN REGULATIONS (Ords. 2148-2006, 2209-2007, 2288-2008) 14.25.100 Definition—Landscaping. "Landscaping" means the treatment of the ground surface with live planting materials, including but not limited to, trees, shrubs, grass, ground cover or other growing horticultural material. Other materials such as wood chips, stone, or decorative rock may also be utilized. (Ords. 2148-2006, 2209-2007, 2288-2008) Appendix I M K m u � c N J N Q Y R 1 11 Paving Required - KMC 14.25.045 (d) Page 21 of 38 http://www.gcode.us/codes/kenai/ 56 324/2017 Chapter 14.25 LANDSCAPING/SITE PLAN REGULATIONS View the mobile version. Page 22 of 38 http:itwww.gcode.us/codes/Kenai/ 6/6 CITY OF SOLDOTNA ORDINANCE 2016-005 AN ORDINANCE REPEALING AND RE-ENACTING SECTION 17.10.335 LANDSCAPING OF THE SOLDOTNA MUNICIPAL CODE, AND AMENDING SECTION 17.10.415, SITE PLAN REVIEW WHEREAS, there is interest in updating the City of Soldotna Landscape code to ensure it is in harmony with Envision Soldotna 2030 and the Downtown Improvement Plan; and WHEREAS, the Soldotna Planning and Zoning Commission held public work sessions on this topic on May 6, 2015 and November 4, 2015; and WHEREAS, the Soldotna Planning and Zoning Commission held a duly advertised public hearing on January 6, 2016 to consider amendments to the Zoning Code which would create new landscape standards; and WHEREAS, the Soldotna Planning and Zoning Commission voted unanimously to recommend adoption of the landscape standards; and WHEREAS, the proposed changes to the landscaping code are consistent with the following goals of the City's comprehensive plan, Envision Soldotna 2030: 1. Envision Soldotna 2030 contains the Neighborhood Visioning statement, "Soldotna neighborhoods will be attractive, vibrant, clean, safe and desirable. They will be well- maintained, provide for mobility, and be well-connected to the larger community"; 2. Envision Soldotna 2030 contains the following Neighborhood Goals: "Develop subdivision infrastructure requirements to ensure adequate consideration of lighting, pedestrian and vehicle circulation, storm water collection and treatment, street design, and retention of natural vegetation." (Neighborhood Goal #2.a.); "Consider revisions to the screening and buffer landscape requirements between residential and non-residential uses." (Neighborhood Goal #4.b); "Revise the tree requirements to allow for more flexibility in design, such as massing some trees and leaving other areas open for sunlight penetration. (Neighborhood Goal #4.b.ii); 3. Envision Soldotna 2030 contains the Highways and Transportation Goal "Improve the streetscape along the Sterling and Kenai Spur Highways." (Highway and Transportation Goal #1); Page 23 of 38 WHEREAS, the Soldotna Planning and Zoning Commission made the following findings: 1. The proposed changes to the landscaping code are consistent with the goals of Envision Soldotna 2030; 2. Landscape bed averaging and less restrictive tree spacing requirements will provide greater flexibility in the design and construction of commercial properties; 3. Incentives to retain and utilize existing native trees will provide cost savings to the developer while enhancing property values, community character and habitat values; 4. The classification of parking lot landscape requirements into three categories allows for more tailored requirements based on the size of parking lots; 5. Modifications to the residential landscaping requirements will simplify the process for builders and developers by not requiring a landscape plan, and will provide for enhancement of new structures and developments by requiring at least one tree be planted or retained in the front yard; 6. Conflicts in Sections B and H of the existing code are corrected by the proposed amendments to the Landscaping Chapter; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOLDOTNA,ALASKA: Section 1. That Section 17.10.335, Landscaping be repealed in its entirety and re-enacted to read as follows: character, reduce and treat runoff of storm water, and to provide attractive and functional separation and screening between uses. B. Special Definitions. The following special definitions shall apply: 1) "Adjacent" means abutting or across an alley, a street, or right-of-way. 2) 3) 4) Page 24 of 38 Ground cover may also include mulch or other non -living materials, when 5) "Landscaping bed" means an area in which landscaping treatment is planted or placed, and may include mounds and berms. Where only width is specified, a landscaping bed shall extend the full length of the property line along which it is required, exclusive of driveways and other ingress and egress openings. 6) "Mulch" means any dead vegetative matter used as a around cover and intended for retarding weed growth, controlling erosion, or conserving moisture (such as bark mulch). required to meet the requirements of this section. D. Waivers and Modifications. The standards in this section may be waived or modified upon findings that such waiver or modification shall substantially comply with the objectives of the specific standard being addressed and comply with the shall follow the procedures found in Section 17.10.420, B.4, Zoning Permit. E. General Standards. The following general planting standards shall apply: 1) Hardiness- Soldotna generally lies within the USDA climatic zone 3. All trees, shrubs, or other vegetation in the required landscaping shall be of a stock rated as hardy for this climatic zone. It is not the intent of this title to dictate the use of individual species: however, property owners are 2) Caliper- All deciduous trees planted as required landscaping shall be a minimum 1 '/z inch caliper: Jl environment of the City. Healthy native vegetation within the required landscape bed area may be used in place of any or all of the required landscaping if determined to Page 25 of 38 4) 5) meet the intent and standards of this section. Native trees shall be equal Maintenance- All landscaping required to meet the minimum standards of this section shall be continuously maintained to meet these standards. Plant materials shall be installed that are living, free of defects and of normal health, and shall be replaced if they perish due to poor Height - Evergreen trees shall be a minimum 6 feet in height at planting: 6) Grass seeding- All grass seeding shall be of native crass stocks or lawn seed mix intended for this climatic zone. Grass seeding shall occur between May 15 and September 1. unless the Administrative Officer grants an exception to plant outside of this timing window; 7) maintenance of vegetative cover; 8) SWPPP — available to the Administrative Officer. accordance with the following: 1) Construction Fence — A protective construction fence or barrier not less than four feet high shall be placed around each tree or group of trees to Page 26 of 38 be retained at or beyond the drip line of the trees, but not less than 10 - feet in diameter, whichever is greater. Fencing shall be placed prior to the commencement of site clearing and construction work and shall be maintained for the duration of the construction period. 2) All building material, dirt, excavation or fill materials or other equipment or debris shall be kept outside of protective fences and barriers. G. Landscaping Types and Standards. In addition to the general standards which apply to all landscaping requirements, the following additional standards are required for each of the following landscaping types: 1) Parking Lot Landscaping Intent. Parking Lot Landscaping softens the view and breaks up the visual impact of extensive paved surfaces, provides orientation to entrances, contributes to storm water management, and mitigates wind and dust in large parking lots. When Required. Parking lot landscaping shall be provided and meet the general and specific standards in this section in the following instances: a. Whenever a structure is erected with a parking lot of 40 or more spaces; b. Whenever an existing structure is expanded by 10 percent or more of the building footprint and has or requires a parking lot with 40 or more spaces; c. Whenever a property changes from one use category to another and has or requires a parking lot with 40 or more spaces; d. Whenever a standalone parking lot is constructed having 40 or more spaces without an accompanying new or expanded structure. Parking lot landscaping beds are required for any parking lot with 40 or more parking spaces. The area of the parking lot shall be determined by the total paved area including parking, circulation aisles, and appurtenant driveways. e. Parking lot landscaping area requirements are as follows: i. 40 to 200 parking spaces: An area equal to at least five percent of the parking lot shall be devoted to landscaping. ii. More than 200 parking spaces: An area equal to at least eight percent of the parking lot shall be devoted to landscaping. f. Areas eligible to be counted as parking lot landscaping shall be surrounded by parking area and/or driveway on at least three sides, except that up to 50 percent of the total parking lot landscaping, up to a maximum of 800 square feet, may include landscaping areas with Page 27 of 38 parking area and/or driveway on only two sides (such as corner areas of parking lots). Required right-of-way and buffer landscaping shall not count toward parking lot landscaping requirements. g. For parking lots with more than 200 spaces a linear landscaping break with a minimum width of ten feet shall be provided parallel to every third drive aisle. This area shall count toward the total interior parking lot landscaping requirement. h. The minimum area for individual beds shall be 165 square feet. The minimum bed width shall be 8 feet. i. One tree per 150 square feet of total area of parking lot landscaping is required. Trees shall be distributed throughout the planting beds in the parking lot, and shall be established within the same season as the construction. j. All areas within the planting beds shall be covered with ground cover. k. Existing native trees and natural vegetation located within required parking lot landscape areas may be applied toward meeting parking lot landscaping requirements. I. Fifty percent of the area required for parking lot landscaping may be provided by biofiltration swales or other green infrastructure methods designed to reduce on-site storm water runoff. Biofiltration swales must be a minimum of ten feet in width and designed to promote biofiltration in order to qualify as and partially fulfill a portion of the parking lot interior landscaping required by this Section. Individual planting beds that are designed to be used for biofiltration may substitute up to one-half of the required trees otherwise required to exist within the bed with site appropriate herbaceous plant material at a ratio of 15 plants per tree. 2) Street right-of-way landscapin Intent. Street right-of-way landscaping marks the interface of public streets and private property. It softens the impact of land uses along street rights-of-way, but does not obscure land uses from sight. When required. Street right-of-way landscaping shall be provided and meet the general and specific standards in this section whenever a structure is erected, an existing structure is expanded by 10 percent or more of the building footprint, or a property changes from one use category to another in the following instances: a. All uses in the Commercial district. b. Multi -family dwellings and townhouse developments with greater than three dwelling units. c. Non-residential uses regardless of the zoning district. Page 28 of 38 3) The following minimum standards shall apply: may not be greater than 15 feet. Buffer landscaping a. Parking lots adjacent to residential districts. c. Commercial and Industrial uses adjacent to residential districts. The following minimum standards shall apply: Page 29 of 38 section is satisfied. 4) Residential landscaping tm b. Redevelopment of any residential property that results in the total destruction and reconstruction of a dwelling. The following minimum standards shall apply: C. El! L Lots less than 40.000 square feet: fifteen percent (15%) of existing vegetation being retained per residential lot: ii. Lots equal to or greater than 40.000 square feet: twenty percent (20%) of existing vegetation being retained per residential lot. Page 30 of 38 e. lots require one additional tree be planted or retained in the side yard adjacent to the street right-of-way. f. Ground cover. All residential lots shall have established lawn, sod or ground cover. Section 2. That Section 17.10.415(B), Site Plan Review, is amended as follows: When Required. Approval of a site plan and the issuance of a zoning permit shall be required for any use or structure for which the submission of a site plan is required by this zoning code, except where the administrative officer has waived the requirement according to the procedures found in Section, 17.10.420, Zoning Permit. [SITE PLAN APPROVAL IS NOT REQUIRED FOR DEVELOPMENT OF PERMITTED PRINCIPAL USES AND STRUCTURES IN RESIDENTIAL DISTRICTS, HOWEVER, AT THE TIME A BUILDING PERMIT APPLICATION IS SUBMITTED FOR A DWELLING, TWO-FAMILY STRUCTURE, THE APPLICANT MUST SUBMIT A SITE PLAN, IN ACCORDANCE WITH THIS SECTION, FOR APPROVAL BY THE ADMINISTRATIVE OFFICER TO ENSURE THE PROJECT MEETS THE INTENT OF THE DEFINITION AND DOES NOT SUBSTANTIALLY DEVIATE FROM THE CHARACTER OF THE SURROUNDING NEIGHBORHOOD.] Section 3. This ordinance shall become effective immediately upon its enactment. ENACTED BY THE CITY COUNCIL THIS 24TH DAY OF FEBRUARY, 2016. ATTEST: Michelle M. Saner. CMC Pete Sprague, Mayor Page 31 of 38 C, SOLDOTNA W% Economic Development + Planning MEMORANDUM TO: SOLDOTNA CITY COUNCIL THROUGH: MARK DIXSON, CITY MANAGER STEPHANIE QUEEN, DIRECTOR OF ED+P FROM: JOHN CZARNEZKI, CITY PLANNER DATE: JANUARY 28, 2016 SUBJECT: ORDINANCE 2016-005 At their meeting of January 6, 2016, the Planning and Zoning Commission conducted a public hearing and unanimously approved PZ Resolution 2016-001, recommending the repeal and re-enactment of the City's landscaping code. The Planning and Zoning Commission also held work sessions on January 7, May 6, and November 4, 2015. Through their comments and those of interested members of the public, landscapers and other industry professionals, the attached ordinance was crafted and is now ready for your review and approval. This ordinance addresses several goals in our comprehensive plan that call for code changes in order to promote and encourage more attractive residential and commercial development, retention of natural vegetation, improved buffers between dissimilar uses, and greater flexibility in the design of landscaping. These goals are consistent with many of our other current efforts to beautify our city. The proposed changes offer improved flexibility to developers when considering landscaping options, provide incentives to retain existing vegetation, and in several cases reduce the amount of required vegetation. Our existing landscape code also has a few conflicts that needed to be corrected: 1) Section B exempted single and two-family homes from landscape requirements, while Section H required them. 2) Section B also requires landscape standards for parks and day -use playgrounds, while Section 17.10.415(B) exempted permitted principal uses (like parks) in residential districts from having an approved site plan (which requires landscaping). Ordinance 2016-005 corrects these conflicts. Page 32 of 38 A more thorough comparison of existing versus proposed standards follows: INTENT - Language was added that recognizes the role of landscaping to reduce and treat storm water runoff, and that recognizes landscaping as an important part of all development within the City. DEFINTIONS - New definitions were added to cover terms that were previously undefined ("caliper" and "adjacent") and to define new terms ("biolfiltration"). APPLICATION PROCEDURE - This section remains virtually the same except that it was clarified that a site plan does not have to be submitted for one-, two-, or three-family dwellings. WAIVERS AND MODIFICATIONS - This section was modified by placing a limit on the number of trees and required landscape area that could be waived by administrative staff. Any request for a waiver beyond those limits would require the applicant to seek a variance before the Planning Commission. Currently, there are no waiver limitations. GENERAL STANDARDS -Several changes were made: 1. "Hardiness" was further defined and our climatic zone is identified so that landscape installers can correctly select plants that will survive in our region. This section also provides the standards (American Standard for Nursery Stock) by which trees are judged to be healthy, and provides buyers and sellers with common terminology and techniques for measurement. 2. "Caliper" was not changed. The minimum size for deciduous trees remains at 1 '/2 inch caliper. 3. "Grass seeding" was modified to allow for a greater period of time to plant grass seed. This was based on conversations with local landscapers who recommended the extended period. 4. "Natural vegetation" was expanded to better encourage the retention of native vegetation, and to explain the benefits (sustained presence of trees, increased property values, improved community character, wildlife habitat, etc.) that it provides. Like the current standard, the new standard allows for healthy existing vegetation to be used in place of any or all of the required landscaping. The new code further encourages the retention of native vegetation by offering an incentive for retaining trees larger than b- and 12 -inches in diameter. For example, a developer would be credited for two trees for every healthy tree over 6 -inches in diameter that is retained, and a credit of three trees would be granted for retained trees over 12 -inches in diameter. Page 33 of 38 5. "Maintenance" was expanded to address the issue of poorly maintained landscape vegetation. The current standard offers no guidance regarding the health of vegetation at installation or when vegetation should be replaced. These changes should help staff identify when the maintenance standard is being met. 6. A uniform "Height" standard was added for evergreen trees. Previously there were three height standards (4', 5' and 6') depending on the type of landscaping required. The new height standard for all evergreens is 6 feet. The change provides consistency and should result in greater screening, buffering and curb -side appeal. 7. A standard for erosion control was added to ensure that exposed slopes and disturbed soils do not erode into streets and waterways. Any number of erosion control methods may be used to protect against erosion to include the planting of groundcover and landscaping. Other methods of erosion control like silt fences, wattles and straw matting are also permitted. 8. "SWPPP" - This general standard requires the developer to provide the City with a copy of their Storm Water Pollution Prevention Plan (SWPPP) if the State requires them to have one. 9. The existing general standard for "Parks and playgrounds" was removed. Because many of our parks are exceedingly large and vary in their use, the existing standard that required visibility is not practical to implement. PROTECTION OF LANDSCAPING - This is a new section that recognizes the benefits of preserving existing vegetation, and provides guidance on how to protect that vegetation during construction and after installation. It requires that adequate space be provided between planted trees and parking spaces. It also provides for fencing around trees that are to be preserved. Fencing protects the trees from heavy equipment, stockpiling of materials, soil compaction, root damage, and other construction site impacts. LANDSCAPE TYPES -There are currently five landscape types with specific regulations under our existing code. They are: Interior, Street right-of-way, Buffer, Screening, and Residential landscaping. The new proposal has only 4 types of landscaping: Parking lot landscaping, Street right-of-way landscaping, Buffer landscaping, and Residential landscaping. Parking lot landscaping replaces the existing "interior" landscaping requirements. Their intent is the same - to break up the visual impact of extensive parking lots, provide for storm water capture, and to provide orientation to parking lot entrances and exits. The new title more appropriately identifies the intent of the section and provides graduated requirements for different sized parking lots: Page 34 of 38 • Small parking lots, having less than 40 spaces, are exempt from the parking lot landscape standards. • Lots with 40 to 200 parking spaces must provide landscaping on at least 5% of the parking lot. • Lots with over 200 parking spaces must landscape 8% of the parking lot. The old "interior" standards required landscaping on 5% of the net interior area regardless of the parking lot size. The net interior area was a measure of the entire parcel, not just the parking lot. Also, the standards varied on parcel size rather than parking lot size. The new requirement addresses the size of the parking lot and provides sliding requirements based on size and impact. OLD • Requirements are based on parcel size, not parking lot size • Required trees (1 per 500 sf) and shrubs (1 per 100 sf) • Loophole in the definition of "interior area" that could allow for the paving of an entire parcel without any parking lot landscaping. • Does not specify where on the lot the landscaping should occur. (Resulted in landscaping everywhere except in the parking lot.) • Requires landscaping based on parking lot size, not parcel size • Specifies that landscaping shall occur within the parking lot • Requires 1 tree per 150 sf of total required parking lot landscaping area. • Shrubs not required. • Allows for biofiltration swales to be counted as parking lot landscaping. Street right-of-way landscaping is proposed to change in several respects. While the minimum landscape bed width remains the same (10 ft), flexibility is added by allowing the averaging of bed widths between 6- and 15 -feet in width. This allows the developer to better tailor the landscaping to the site. Trees will now be required to be planted at average intervals of 15 feet, versus the old standard of 10 feet. This will save the developer money, and will provide a healthier tree. Several landscape professionals commented that spacing trees at 10 feet is too close, and that 15 feet would be a more appropriate standard. The existing code requires both trees and shrubs. The new proposal eliminates shrubs and only requires trees. This is due to the limited visual impact that shrubs Page 35 of 38 provide, and because they are often damaged from snow stockpiling and plowing. Buffer landscaping serves to separate and screen land uses that may not be compatible with one another. Our existing code uses both "buffer" and "screening" landscaping requirements to achieve this goal, while the proposed code combines elements of the two into the single "buffer" category. The proposed code requires a landscape bed of 15 feet in width. This is an increase in bed width of 5 feet and follows a recommendation set forth in Envision Soldotna 2030. The added width provides necessary space for tree placement and tree health. Minimum Bed Averaging of Required Required Width Bed Width Maximum Shrubs of Trees Tree Spacing OLD 10' Not Allowed 10' 1 per 25 sf NEW 10' Allowed 15' Not Required Buffer landscaping serves to separate and screen land uses that may not be compatible with one another. Our existing code uses both "buffer" and "screening" landscaping requirements to achieve this goal, while the proposed code combines elements of the two into the single "buffer" category. The proposed code requires a landscape bed of 15 feet in width. This is an increase in bed width of 5 feet and follows a recommendation set forth in Envision Soldotna 2030. The added width provides necessary space for tree placement and tree health. The proposed shrub requirement is the same as the existing buffer standard, but is less restrictive than the screening standard. The required number of trees is reduced from one tree every 10 feet to one tree every 20 feet. The resulting two rows of staggered trees will appear to have a tree every 10 feet. Page 36 of 38 Minimum Required Required Required Shrubs Bed Width Number of Rows Maximum of Trees Tree Spacing OLD 10' 2 10' 1 per 50 sf (buffer) 1 per 25 sf (screening) NEW 15' 2 20' 1 per 50 sf The proposed shrub requirement is the same as the existing buffer standard, but is less restrictive than the screening standard. The required number of trees is reduced from one tree every 10 feet to one tree every 20 feet. The resulting two rows of staggered trees will appear to have a tree every 10 feet. Page 36 of 38 Residential landscaping was modified in several respects: • As noted earlier, conflicting language regarding the application of the residential landscaping standards was eliminated. • A landscape plan is no longer required. • One tree is required to be retained or planted in the front yard. • The three vegetation retention categories were reduced to two, and the percent of required vegetation was reduced for larger lots. The proposed residential standards do not apply to existing homes, only to the construction of new single-, two- and three-family homes. Staff found that the provision of the residential landscape plan did not affect the outcome of the lot clearing, but did create an extra step for developers. In addition, the current methodology for calculating existing and retained vegetation is difficult to use and administer. Therefore, the landscape plan requirement was eliminated. Complaints regarding residential development have been frequent over the past several years (see photos below). Many are related to the perceived clear -cutting of residential lots and the absence of trees in the developments. While there are many things that influence the visual appeal of a development, including architectural style, building set -backs, colors, and landscaping, the presence or absence of trees is one of the most noticeable. It is also a relatively easy change to implement that should show immediate improvement to the visual character of our neighborhoods. For these reasons, the existing requirement to retain a percent of vegetation was continued, and a new requirement that at least one tree be either retained or planted in the front yard was added. The photos above represent two examples of new home construction that meet our current landscape code, but have resulted in comments and complaints from the public. Page 37 of 38 Example of home built in 2014 that meets both the standards of the existing code and the proposed code. Finally, the changes to 17.10.415, Site plan review, are proposed to prevent a conflict between the proposed landscaping code which does not require a site plan review for duplexes and this section of code which does. Thank you for your consideration. I would be happy to meet with Council members to answer questions and hear comments. Please stop in or call. Page 38 of 38