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HomeMy WebLinkAboutOrdinance No. 2993-2017M CITY OF KENAI ORDINANCE NO. 2993 - 2017 Sponsored by: Mayor Gabriel Council Member 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 MATERIAL AND 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 residential, commercial and industrial 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 among commercial, non-commercial, residential and industrial areas; and, WHEREAS, review and update of the City's landscaping and site plan ordinance was included in Goal 1: Quality of Life, Goal 2: Economic Development, and Goal 3: Land Use, in the City's Comprehensive Plan Update 2016; and, WHEREAS, on March 1, 2017, a draft Ordinance was presented to the City Council with proposed amendments to update Code in order 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, the draft Ordinance was reviewed by the Planning and Zoning Commission on March 8, 2017, March 29, 2017, April 12, 2017, the Airport Commission on June 8, 2017, the Harbor Commission on July 10, 2017 and by a joint meeting of the Parks and Recreation Commission and Beautification Committee on July 11, 2017; and, WHEREAS, during the commission and committee review process, on May 17, 2017, Council Members Knackstedt and Glendening introduced Ordinance No. 2960-2017 to prohibit land clearing of more than 20 percent of vegetation on a lot without an approved Landscaping/Site Plan, which ordinance was enacted by Council on June 7, 2017; and, WHEREAS, the sponsors of Ordinance No. 2960-2017 provided that the intent of the Ordinance was not to take the place of the proposed update ordinance being reviewed by the City's various New Text Underlined; [DELETED TEXT BRACKETED] Ordinance No. 2993-2017 Page 2 of 7 commissions and committees, but to be complementary to it, to prohibit indiscriminate land clearing during the 2017 construction season; and, WHEREAS, several recommendations of the City's committees and commissions are incorporated into this Ordinance, including special provisions for discouragement of the use of invasive species in planting; and, WHEREAS, the current Ordinance is an update to Code that is more comprehensive than the previously adopted Ordinance No. 2960-2017 in that it addresses performance criteria for Landscaping/Site Plans in addition to requiring an approved Landscaping/ Site Plan before land clearing where applicable, and makes other housekeeping amendments in order to reduce redundancy and improve clarity in 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 14.25.010 - 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 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 within the City of Kenai to enhance the community environment and visual character and to provide attractive and functional separation between residential commercial and industrial 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 14.25.015 — 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 LAND CLEARING AND/OR TREE CUTTING WILL RESULT IN REMOVAL OF MORE THAN TWENTY PERCENT OF THE LOT'S EXISTING TREES, SHRUBS, OR NATURAL VEGETATION COVER AS DETERMINED BY THE ADMINISTRATIVE OFFICIAL.] New Text Underlined; [DELETED TEXT Ordinance No. 2993-2017 Page 3 of 7 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. Approved Landscaping and Site Plans are required for the following: [THIS CHAPTER SHALL APPLY TO] (a) 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 LAND CLEARING AND/OR TREE CUTTING RESULTING IN REMOVAL OF MORE THAN TWENTY PERCENT OF THE LOT'S EXISTING TREES< SHRUBS< OR NATURAL VEGETATION COVER AS DETERMINED BY THE ADMINISTRATIVE OFFICIAL OR 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.] (c) Land clearing. (d) 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/FSlSite rPlPlan-Submittal FRlReguirements. 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 New Text Underlined; [DELETED TEXT BRACKETED] Ordinance No. 2993-2017 Page 4 of 7 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; (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 (i) When Storm Water Pollution Prevention Plans (SWPPP) are required, a copy of the Plan shall be provided to the City Planner prior to clearing activity. Section 6. 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 fPlPlan—Performance rClCriteria. [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 amounts 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. New Text Underlined; [DELETED TEXT BRACKETED] Ordinance No. 2993-2017 Page 5 of 7 (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 or other fence material of similar screening and structural character 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. (4) Trees and/or shrubs appropriate for the climate shall be included in the landscaping beds. All trees, shrubs or other vegetation in the required landscaping must be of a stock rated as hardy for the United States Department of Agriculture Climatic Zone 3 It is not the intent to require specific species however, property owners are encouraged to understand local climate conditions Property owners are discouraged from planting invasive species as defined by the Alaska Cooperative Extension Service. Property owners are encouraged to contact the Alaska Cooperative Extension Service for a list of plant species which are appropriate for Climate Zone 3 In all cases the materials shall be living and free of defects and of normal health, height and spread as defined by the American Standard for Nursery Stock, ANSU Z 60.1, latest available edition, American Nursery and Landscaping Association. (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. Small parking lots having less than forty (40) spaces may be exempted from the parking lot landscaping standards by the administrative official (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. New Text Undedined; [DELETED TEXT BRACKETED] Ordinance No. 2993-2017 Page 6 of 7 (1) Landscaping Beds. Minimum of ten feet (10) in average 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. 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 Prohibited Acts and Penalties. No person may conduct [and clearing cut trees, construct, erect or maintain any structure building fence or improvement including 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 Any more than the initial twenty percent (20%) removal of trees shrubs or natural vegetation is prohibited without a landscape/site plan regardless of the time between the land clearing activity. Land clearing which promotes fire protection as encouraged by the Firewise Communities/USA program or other similar cooperative fire protection efforts may be allowed by the administrative official without a landscape/site 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 I—LANDSCAPINGI. (a) "Land clearing" for purposes of this chapter means: (1) land clearing and/or tree cutting resulting in removal of more than twenty percent (20%) of the trees shrubs or natural vegetative cover on properties within the Central Commercial (CC) Central Mixed Use (CMU). General Commercial (CG). Limited Commercial (CL) Heavy Industrial (IH). Townsite Historic (TSH). Light Industrial (IL). New Text Undedined; [DELETED TEXT BRACKETED] Ordinance No. 2993-2017 Page 7 of 7 and Education (ED) zoning districts, except for purposes of construction of single to three family dwellings; and (2) land clearing and/or tree cuttinq in parcels within the zoning districts listed in subparagraph (1) above resulting in removal of trees, shrubs, or natural vegetative cover within twenty feet of property lines of parcels. (3) The following is not 'land clearing": removal of an obstruction for purposes of a survey, and removal of hazardous or invasive trees or shrubs. (b) "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' for purposes of this Chapter means any commercial or industrial 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 Centra[ Commercial (CC). Central Mixed Use (CMU). 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). (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. ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 211 day of February, 2018. ATTEST: Heinz, City Clerk BRIAN GABRIEL, MAYOR �CENg7, Introduced: December 6, 2017 Public Hearing: January 3, 2018 Postponed to: February 7, 2018 Wponed as amended to: February 21, 2018 Effective: March 23, 2018 New Text Underlined; [DELETED TEXT BRACKETED] <the Ai�y, KENAI, ALASKA Y V U CITY OF KENAI ORDINANCE NO. 2993 - 2017 Sponsored by: Mayor Gabriel Council Member 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 MATERIAL AND 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, review and update of the City's landscaping and site plan ordinance was included in Goal 1: Quality of Life, Goal 2: Economic Development, and Goal 3: Land Use, in the City's Comprehensive Plan Update 2016; and, WHEREAS, on March 1, 2017, a draft Ordinance was presented to the City Council with proposed amendments to update Code in order 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, the draft Ordinance was reviewed by the Planning and Zoning Commission on March 29, 2017, the Airport Commission on June 8, 2017, the Harbor Commission on July 10, 2017 and by a joint meeting of the Parks and Recreation Commission and Beautification Committee on July 11, 2017; and, WHEREAS, during the commission and committee review process, on May 17, 2017, Council Members Knackstedt and Glendening introduced Ordinance No. 2960-2017 to prohibit land clearing of more than 20 percent of vegetation on a lot without an approved Landscaping/Site Plan, which ordinance was enacted by Council on June 7, 2017; and, WHEREAS, the sponsors of Ordinance No. 2960-2017 provided that the intent of the Ordinance was not to take the place of the proposed update ordinance being reviewed by the City's various New Text Underlined; [DELETED TEXT BRACKETED] Ordinance No. 2993-2017 Page 2 of 7 commissions and committees, but to be complementary to it, to prohibit indiscriminate land clearing during the 2017 construction season; and, WHEREAS, several recommendations of the City's committees and commissions are incorporated into this Ordinance, including special provisions for Airport Light Industrial zoned properties and discouragement of the use of invasive species in planting; and, WHEREAS, the current Ordinance is an update to Code that is more comprehensive than the previously adopted Ordinance No. 2960-2017 in that it addresses performance criteria for Landscaping/Site Plans in addition to requiring an approved Landscaping/ Site Plan before land clearing where applicable, and makes other housekeeping amendments in order to reduce redundancy and improve clarity in 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 14.25.010 - 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 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 within the City of Kenai 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 14.25.015 — 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 LAND CLEARING AND/OR TREE CUTTING WILL RESULT IN REMOVAL OF New Text Underlined; [DELETED TEXT BRACKETED] Ordinance No. 2993-2017 Page 3 of 7 MORE THAN TWENTY PERCENT OF THE LOT'S 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]_ (a) 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 LAND CLEARING AND/OR TREE CUTTING RESULTING IN REMOVAL OF MORE THAN TWENTY PERCENT OF THE LOT'S EXISTING TREES< SHRUBS< OR NATURAL VEGETATION COVER AS DETERMINED BY THE ADMINISTRATIVE OFFICIAL OR 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 (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/FSlSite fPlPlan-Submittal fRlReauirements. New Text Underlined: [DELETED TEXT BRACKETED] Ordinance No. 2993-2017 Page 4 of 7 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; (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 (i) When Storm Water Pollution Prevention Plans (SWPP) are required, a copy of the Plan shall be provided to the City Planner. Section 6. 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 fPlPlan—Performance fClCriteria. [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 amounts 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: New Text Underlined: [DELETED TEXT BRACKETED] Ordinance No. 2993-2017 Page 5 of 7 (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 or other fence material of similar screeninq and structural character 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. (4) Trees and/or shrubs appropriate for the climate shall be included in the landscaping beds. All trees, shrubs or other vegetation in the required landscaping must be of a stock rated as hardy for the United States Department of Agriculture Climatic Zone 3. It is not the intent to require specific species, however, property owners are encouraged to understand local climate conditions. Property owners are discouraged from planting invasive species as defined by the Alaska Cooperative Extension Service. Property owners are encouraged to contact the Alaska Cooperative Extension Service for a list of plant species which are appropriate for Climate Zone 3. In all cases the materials shall be living and free of defects and of normal health, height and spread as defined by the American Standard for Nursery Stock, ANSU Z 60.1, latest available edition, American Nursery and Landscaping Association. (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 - New Text Undedined; [DELETED TEXT BRACKETED] Ordinance No. 2993-2017 Page 6 of 7 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. (f) 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. Enactment of Section 14.25.085 of the Kenai Municipal Code: That Kenai Municipal Code, Section 14.25.085 — Airport Light Industrial, is hereby enacted as follows: 14.25.085 Airport Liaht Industrial On all properties within the Airport Light Industrial Zone (ALI). landscaping and site plan requirements as provided in this Title will only apply to areas on lots that the public has access to and shall not require landscaping or site plans on runway or apron portions of lots. The Airport Master Plan, Airport Layout Plan and Federal Aviation Administration requirements and regulations (including but not limited to deed restrictions and requirements, aviation easements and grant requirements) shall take precedent over any landscaping or site plan requirement. Section 9. 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. 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 10. 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: New Text Underlined; [DELETED TEXT BRACKETED] Ordinance No. 2993-2017 Page 7 of 7 14.25.100 Definition f—LANDSCAPINGI. (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). Central Mixed Use (CMU) General Commercial (CG). Limited Commercial (CL), Heavy Industrial (IH) Townsite Historic (TSH). Light Industrial (IL). Airport Light Industrial (ALI) and Education (ED) zoning districts except for purposes of construction of single to three family dwellings. (b) "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' for purposes of this Chapter means any commercial or industrial 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) Central Mixed Use (CMU) 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. ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 7" day of February, 2018. ATTEST: Jamie Heinz, City Clerk BRIAN GABRIEL, MAYOR Introduced: December 6, 2017 Public Hearing: January 3, 2018 Postponed to: February 7, 2018 Effective: March 9, 2018 New Text Underlined; [DELETED TEXT BRACKETED] % VIlaye wit% a Past, C/i p wla a 14;ta6e <� 210 Fidalgo Ave, Kenai, Alaska 99611-7794 Telephone: (907) 283-7535 1 Fax: (907) 283-3014 \theee'�Yof l www.kenai.eity \V MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council FROM: City Attorney, Scott M. Bloom ' DATE: November 30, 2017 SUBJECT: Ordinance No. 2993-2017 This memorandum provides a sectional analysis of the changes proposed in Ordinance 2993- 2017. 1. 14.25.010 -Intent, is amended in subsection (b) to provide that the intent of landscape plans is 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 reduce erosion and storm runoff. This intent language replaces the following: "the general purpose of landscaping is to visually enhance the city's appearance, provide attractive and functional separation and screening between uses." Subsection (c) is deleted, as the definition of "multi -family' is newly included in the definitions section (14.25.100). 2. 14.25.015 -Landscaping/ Site Plan for Land Clearing, is deleted in its entirety. Rather than requiring a landscape/ site plan for clearing that removes more than 20 percent of the natural vegetation, the proposed ordinance requires a land scape/ site plan for all land clearing within certain zones for commercial, industrial and multifamily development as provided in 14.25.020 and the definitions section. 3. 14.25.020 -Application, is amended to require a landscape/ site plan for all retention basins, commercial and multi -family development, and land clearing within certain zones as provided in the definitions section (except for residential development of a three family dwelling or less). 4. 14.25.030 -Landscaping/ Site Plan -Submittal Requirements, is amended by adding subjection Q) which requires submittal of a Storm Water Pollution Prevention Plan to the Planning Department when such a plan is required by the Alaska Department of Environmental Conservation. 5. 14.25.040 -Landscaping Plan -Performance Criteria, is amended to delete the intent language which is previously covered in 14.25.010. Subsection (b)(2)(B) is amended to allow for greater diversity in fencing materials other than wood or masonry. Subsection(b)(4) is amended to specify that planted trees and shrubs in landscaping beds must be a stock rated as hardy for the United States Department of Agriculture Climatic Zone 3 as well as meet other specific criteria as defined in the American Standard for Nursery Stock, ANSU Z 60.1, latest available edition, American 11 5 t Page 2 of 2 Subject Nursery and Landscaping Association. Changes also include encouraging contact with the Alaska Cooperative Extension Service and discouraging the planting of invasive species. 6. 14.25.080 -Expiration, is amended to require that the project be started in one year from approval of a landscape/ site plan, as opposed to "construction" of the project because land clearing itself requires the plans, but does not necessarily entail any "construction." 7. 14.25.085- Airport Light Industrial, is a newly enacted section to specific that plans are only required in the ALI Zone on parcels that the public has access to and are not required on portions of lots containing runway or apron space. This section further specifies that FAA requirements and regulations, the Airport Master Plan and Airport Layout Plan take precedent over any landscape/ site plan requirements. 8. 14.20.090 -Penalties, is amended to define the prohibited conduct, i.e. land clearing or construction without or not in compliance with an approved plan, but does not change the existing penalty provisions for the chapter which refer back to the enforcement procedures and penalties in the City's Zoning Code, Chapter 14.20. 9. 14.25.100-Definitons, is amended by changing the title from "Landscaping" to "Definitions." A new definition of "land clearing" is added. This new definition defines land clearing as tree cutting or removal of trees and other established vegetation, other than cutting of dead trees for firewood or fire protection within the Central Commercial (CC), Central Mixed Use (CMU), General Commercial (CG), Limited Commercial (CL), Heavy Industrial (IH), Townsite Historic (TSH), Light Industrial (IL), Airport Light Industrial (ALI) and Education (ED) zoning districts, except for purposes of construction of three family or less dwellings. By virtue of this definition and prior amendments in the ordinance, all land clearing is prohibited without first obtaining a landscape/ site plan. A definition of "Commercial, industrial and multifamily development" is also added to the definitions. Commercial and industrial development is defined as improvements requiring a building permit for new construction or any improvements of twenty thousand dollars ($20,000.00) or more, which adds square footage in the Central Commercial (CC), Central Mixed Use (CMU), General Commercial (CG), Limited Commercial (CL), Heavy Industrial (IH), Townsite Historic (TSH), Light Industrial (IL), Airport Light Industrial (ALI) and Education (ED) zoning districts. Multifamily dwellings in all zones, defined as a four or more family dwelling require plans, as well as changes of use as required in KMC 14.25.250(a). u "Villaye with a Past, C# with a Future if MEMORANDUM 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: 907-283-7535 / FAX: 907-283-3014 www.kenai.city TO: Council Members Boyle, Glendening, Knackstedt, Navarre, Pettey, & Student Representative Gilman FROM: Mayor Gabriel & Council Member Molloy DATE: November 28, 2017 SUBJECT: Ordinance No. 2993-2017, Amending KMC Landscaping/Site Plan Regulations Chapter 14.25 Review and update of the City's landscaping and site plan ordinance was included in the City's Comprehensive Plan Update 2016, in Goal 1: Quality of Life, Goal 2: Economic Development, and Goal 3: Land Use. This review and update began as a draft ordinance that Council referred to the Planning & Zoning Commission and Airport Commission for review and recommendations. The draft ordinance was also referred to the Harbor Commission, Parks & Recreation Commission and the Beautification Committee. During the Commissions -Committee review process, Council enacted Ordinance No. 2960-2017 on June 7, 2017 (sponsored by Council Members Glendening and Knackstedt). That ordinance amended KMC 14.25.020 Application to prohibit land clearing of more than 20 percent of the lot's existing trees, shrubs, or natural vegetation cover without there first being an approved Landscaping/ Site Plan, even when a building permit is not required for development. This ordinance further amends KMC 14.25.020 Application, to prohibit all land clearing of the lot's existing trees, shrubs, or natural vegetation cover without there first being an approved Landscaping/ Site Plan. The City Planner's memo dated 9/27/17, summarizing the comments/recommendations of the Commissions and Committee, and presenting the City Planner's recommendations, is included in this packet. Regarding that memo, we included in this proposed ordinance some, but not all, of the recommendations from the process of the Commissions -Committee review. We did include in this ordinance the following recommendations: (1) Limit landscaping and landscaping/site plans on lots zoned Airport Light Industrial (ALI) to areas on the lots that the public has access to (parking lots, driveways, sidewalks, etc.), and not require landscaping or site plans on runway or apron portions of lots; (2) Incorporate language that prohibits or discourages planting of invasive species defined by the Alaska Cooperative Extension Service. 2 (3) Add language on hardiness of species for planting; (4) Incorporate language that allows some flexibility on type of fencing other than six-foot (6') high wood fence or a masonry wall fence; (5) Add Central Mixed Use zoning district. We did not include in this ordinance the following recommendations; (1) Include lighting requirements similar to ALI; (2) Include Residential Zoning; (3) Include requirements for fire protection around homes and businesses; (4) Incorporate language that promotes fire protection in the wildland/urban interface as encouraged by the Firewise Communities/USA program; (5) Incorporate language that requires residential application for Spec Home development; (6) Add residential development for new single-family and multi -family development; (7) Add residential development as a definition; (8) Completely exempt Airport Light Industrial Zone. Central Mixed Use and Airport Light Industrial Zones are proposed to be added to the scope of coverage, but not any residential zones, (although multifamily development - regardless of zone - is included in the scope of coverage, as it has been ever since the original ordinance was enacted in 2006). Special provisions were added in order to address the Commissions -Committee's recommendations on the ALI Zone, in proposed new code section KMC 14.25.085 Airport Light Industrial. The City Attorney's updated memo, presenting a sectional analysis of each of the sponsors' recommended changes to KMC Chapter 14.25, is included in this packet, so that memo presents the specifics of all recommended changes. We respectfully request Council's support of this ordinance. MEMORANDUM 111a'fe wid aPast liitr� w;d a f tw-e „ 210 Fidalgo Ave, Kenai, Alaska 99611-7794 Telephone: (907) 283-7535 1 Fax: (907) 283-3014 www.kenai.city TO: Mayor Brian Gabriel and Council Member Molloy FROM: Matt Kelley, City Planner DATE: September 27, 2017 SUBJECT: Ordinance Amending Landscaping and Site Plan Regulations At their meeting of March 1, 2017, the City Council referred a draft Ordinance amending Landscaping and Site Plan Regulations to the Planning & Zoning Commission and Airport Commission. Staff held a Work Session with the Planning & Zoning Commission on March 29, 2017 to discuss the proposed Ordinance and received the following comments / recommendations: a. Review past Ordinances to see if Land Clearing required a Landscape Site Plan and see if it was later removed from the Ordinance by the City Council. b. Look at lighting requirements in Airport Light Industrial Zone and see if they should apply to landscaping on commercial and industrial zoned parcels. c. Look at Residential Zoning to see if landscaping site plan regulations should apply to new construction. Soldotna has landscaping requirements for new construction in their landscaping ordinance. Look at other communities as well (Palmer, Wasilla, Homer, and Seward). d. Look at requirements for fire protection around homes and businesses. Talk with Fire Marshal and State of Alaska Division of Forestry and Borough. e. Look at airport and consider having landscaping for new development only apply to areas that the public has access to (parking lots, driveways, sidewalks, etc.) Not require landscaping on the runway or apron portion of lot. Give the draft Ordinance to other Commissions and Committees as informational or discussion item for their comments. (Airport, Parks & Recreation, Beautification, Harbor). Staff attended the regular meeting of the Airport Commission to discuss the proposed Ordinance and how it would pertain to those parcels, which are zoned Airport Light Industrial (ALI). Staff discussed with the Commission, that a developer who is constructing new improvements on the Airport, would be required to add landscaping pursuant to the proposed Ordinance. Page 2 of 3 Ordinance No. 2977-2017 Memorandum Staff suggested to the Commission, that landscaping on parcels zoned ALI could be limited to only those areas, which are accessible by the public. This would include, but not limited to, parking lots, side yard, walk areas, front areas adjacent to roads, and other similar areas, which the public would have unrestricted, access. In addition, other amendments could include limiting the height of landscaping so than an obstruction to aircraft would not be created. After discussion, the Airport Commission unanimously voted to recommend that the proposed Ordinance amending the Landscaping and Site Plan Regulations exempt the Airport Light Industrial Zone. Staff attended the Harbor Commission meetings of July 10, 2017 and August 7, 2017. Staff discussed the Commission how Landscaping and Site Plans are currently required for parcels zoned both Heavy and Light Industrial. Furthermore, staff discussed that the proposed Ordinance would apply to the clearing of parcels of trees and vegetation with no development plan. After discussions with the Harbor Commission, they voted to recommend that the City Council approve the proposed Ordinance. Staff attended a Special Joint Meeting of the Parks & Recreation Commission and the Beautification Committee to discuss the proposed Ordinance and received the following comments / recommendations: a. Invasive Species — incorporate language that prohibits or discourages planting of invasive species defined by the Alaska Cooperative Extension Service. b. Fencing — incorporate language that allows some flexibility on type of fencing other than six-foot (6') high wood fence or a masonry wall fence. c. Fire Safety — incorporate language that promotes fire protection in the wildland/urban interface as encouraged by the Firewise Communities/USA program. d. Spec Homes — incorporate language that requires residential application for Spec Home development. At their Special Joint Meeting, the Parks & Recreation Commission and the Beautification Committee voted to recommend that the City Council approve the proposed Ordinance, with the above recommendations. Staff Recommendations After reviewing the above -discussed recommendations by the Planning & Zoning Commission, Airport Commission, Harbor Commission, Parks & Recreation Commission and Beautification Committee staff would like to offer the following recommendations for possible inclusion into the proposed Ordinance. a. KMC 14.25.040 — Landscaping Plan — Performance Criteria a. Consider adding the following language: Hardiness — Kenai generally lies within the United State Department of Agriculture climatic Zone 3. All trees, shrubs, or other vegetation in the required landscaping shall be of a stock rated as hardy for this Climate Zone. Page 3 of 3 Ordinance No. 2977-2017 Memorandum It is not the intent of this title to require the use of individual species; however, property owners are encouraged to understand the local climate and to use plant species to be hardy. Property owners discouraged from planting invasive species as defined by the Alaska Cooperative Extension Service. Property owners are encouraged to contact the Alaska Cooperative Extension Service for a list of plant species which are appropriate to this Climate Zone. In all cases, the plant materials shall be living and free of defects and of normal health, height, and spread as defined by the American Standard for Nursery Stock, ANSI Z60.1, latest available edition, American Nursery and Landscaping Association. b. KMC 14.25.020 — Application a. Consider adding residential development for new single-family and multi -family development. c. KMC 14.25.100— Definition a. Consider adding residential development as definition. b. Consider adding Central Mixed Use zoning District. c. Consider not requiring Landscaping Site Plans for Airport Light Industrial District. Thank you for your consideration. 14.20.065 Airport Light Industrial Zone (ALI). Kenai Municipal Code MP Previous Next Main Title 14 PLANNING AND ZONING Chanter 14.20 KENAI ZONING CODE 14.20.065 Airport Light Industrial Zone (ALI). http://www.qcode.us/codes/kenai/view.php?topic=14-14_20-14_2... Search Print No Frames (a) Intent: The ALI Zone is established to protect the viability of the Kenai Municipal Airport as a significant resource to the community by encouraging compatible land uses, densities and reducing hazards that may endanger the lives and property of the public and aviation users. Industrial and Commercial uses which are usually compatible with aviation users are permitted which have no nuisance effects upon surrounding property, or which may be controlled to prevent nuisance effects upon surrounding property. New residential uses are not permitted in this zone because it is intended that lots classified in the ALI Zone are reserved for aviation -related commercial and industrial uses. (b) Principal Permitted Uses: Necessary Aviation Facilities and as allowed in Kenai Municipal Code Section 14.22.0 10 - Land Use Table. (c) Conditional Uses: As allowed in Land Use Table and subject to the provisions of this chapter and Kenai Municipal Code Section 14.20.150. (d) Accessory Uses: As defined (see Definitions). (e) Home Occupations: Not Permitted. (f) Development Requirements: (1) No use shall be conducted in a manner which is noxious or injurious to nearby properties by reason of the production or emission of dust, smoke, refuse matter, odor, gas fumes, noise, vibration, or similar substances or conditions, provided that the restriction against noise shall not apply to uses located within two thousand (2,000) feet of the airfield runways. (2) No outdoor open storage shall be located closer than twenty-five feet (25) to the adjoining right- of-way of any collector street or main thoroughfare. (3) Wherever an Airport Compatible Use abuts or is separated by an alley or street from a residential zone, the use or building in the ALI Zone shall be screened by a sight -obscuring eight -foot (8') high fence or vegetation of good appearance acceptable to the City of Kenai. (4) No use shall be made of any land that will cause interference with navigational signals or radio communications at the airport or with radio or electronic communications between the airport and aircraft. (5) No use, building or structure shall emit emissions of fly ash, dust, vapor, gases or other forms of emissions that may conflict with any planned operations of the airport or aircraft. (6) All exterior lighting shall be installed in such a manner that will not shine light or allow light glare to exceed the boundaries of the parcel on which it is placed. All exterior lighting shall be positioned so that it is downcast and shielded. These requirements shall not apply to lighting which is installed for the purposes of aiding in aircraft navigation as required and approved by the Federal Aviation Administration. (7) No use shall be permitted that would foster an increase in bird population and thereby increase the likelihood of a bird -impact problem as defined under the most recent Federal Aviation Administration 150/5200 Advisory Circular (AC), "Hazardous Wildlife Attractants on or Near Airports." (8) No structure, device or other object shall be placed or erected that makes it difficult for pilots to I of 2 1/31/18 11:06 AM 14.20.065 Airport Light Industrial Zone (ALI). http://www.qcode.us/codes/kenai/view.php?topic=l4-14_20-14_2... distinguish between airport lights and other lights, results in glare in the eyes of pilots using the airport, impairs visibility in the vicinity of the airport, or otherwise endangers the landing, taking off or maneuvering of aircraft. (9) Except as necessary and incidental to airport operations, no building, structure or object of natural growth shall be constructed, altered, maintained, or allowed to grow so as to project or otherwise penetrate the airspace surfaces as defined by the Federal Aviation Administration in: Federal Aviation Regulation (FAR) Part 77, "Safe, Efficient Use and Preservation of the Navigable Airspace"; and under the most recent Federal Aviation Administration Order 8260.3, United States Standard for Terminal Instrument Procedures (TERPS) as shown in the City of Kenai Airport Master Plan and on the City of Kenai Airport Layout Plan. (10) Construction of any and all buildings, structures, or any obstructions, whether permanent or temporary shall be subject to filing a "Notice of Proposed Construction or Alternation" as required under Title 14, Code of Federal Regulations, Part 77, of the United State Code. (11) Other uses or activities determined to be incompatible with aviation and aviation safety as determined by the City Manager the final decision of the City Manager may be appealed to the Board of Adjustment as provided in Kenai Municipal Code 14.20.290. (12) Additional Requirements in Development Requirements Table. (g) Parking Requirements: As required by this chapter and Chapter 21.05 —Airport Administration and Operation. (Ord. 2884-2016) View the mobile version. 2 of 2 1/31/18 11:06 AM CITY OF KENAI ORDINANCE NO. 2960-2017 Sponsored by: Council Member's Knackstedt and Glendening 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 existing trees, shrubs, or natural vegetation cover as determined by the administrative official or 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. BRIAN GABRIELSR., MAYOR ATTEST: I �, Introduced: May 17, 2017 Enacted: June 7, 2017 ' Effective: July 7, 2017 New Text Underlined; [DELETED TEXT BRACKETED] M MEMORANDUM Al 'V11ea with a Past, elft w1d a fft� 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 20616 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 151", developers may want to conduct activities prior to the more comprehensive Ordinance taking effect. Your consideration of this Ordinance is appreciated. /t%r,90,?V/ c , Sponsored by: Mayor Gabriel Councilmember Molloy CITY OF KENAI (0 �'ll ill A ORDINANCE NO. *-2017 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 14.25.010 - 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 47 of 82 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 14.25.015- 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]_ (a) 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 48 of 82 115)RQFT 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; (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 Page 49 of 82 L (i) When Stormwater Pollution Prevention Plans (SWPP) are required, a cony of the Plan shall be provided to the City Planner. Section 6. 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. �r IF Page 50 of 82 (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 51 of 82 F 4! L 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 propertV 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. (b) "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 1.15.0700, this ordinance shall take effect 30 days after adoption. 1IRAF� Page 52 of 82 Lp ^' D 4 Fr ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this * day of *, 2017. ATTEST: Sandra Modigh, City Clerk BRIAN GABRIEL, MAYOR Page 53 of 82 Introduced: *, 2017 Enacted: *, 2017 Effective: *, 2017 KENAI AIRPORT COMMISSION JUNE 8, 2017 — 6:00 P.M. KENAI CITY COUNCIL CHAMBERS CHAIR GLENDA FEEKEN, PRESIDING MEETING SUMMARY 1. CALL TO ORDER Chair Feeken called the meeting to order at 6:00 p.m. a. Pledge of Allegiance Chair Feeken led those assembled in the Pledge of Allegiance. b. Roll was confirmed as follows: Commissioners Present: G. Feeken, J. Zirul, J. Bielefeld, C. Henry, K. Dodge, D. Pitts Commissioners Absent: P. Minelga Staff/Council Liaison Present: Airport Manager M. Bondurant, Airport Assistant E. Shinn, Council Member H. Knackstedt, Council Member J. Glendening A quorum was present. c. Agenda Approval MOTION: Commissioner Henry MOVED to approve the agenda with the addition of new business item d. special use permit for Reddi Towing and Commissioner Zirul SECONDED the motion. There were no objections; SO ORDERED. 2. PERSONS SCHEDULED TO BE HEARD — None. 3. UNSCHEDULED PUBLIC COMMENT Teea Winger spoke in favor of the landscaping site plan draft ordinance noting she supported increased requirements and retaining buffer zones on privately owned land. 4. APPROVAL OF MEETING SUMMARY a. May 11, 2017 MOTION: Commissioner Zirul MOVED to approve the meeting summary from May 11, 2017 and Commissioner Henry SECONDED the motion. There were no objections; SO ORDERED. 5. UNFINISHED BUSINESS a. Discussion— Master Plan Update It was reported that the city was waiting for the review of documents and it was anticipated the plan would be on the agenda for the commission to review at the July meeting. b. Discussion- T-33 Maintenance Plan It was reported that staff was waiting on quotes for painting and decals. 6. NEW BUSINESS a. Discussion/Recommendation — Benton Lease Renewal It was noted that it was favorable to extend the lease; would be up for renegotiation in 3 years. It was suggested that the term of the lease be 8 years, as 3 seemed too short. MOTION: Commissioner Bielefeld MOVED to approve the lease for another 8 years and Commissioner Pitts SECONDED the motion. There were no objections; SO ORDERED. b. Discussion— Landscaping Site Plan Draft Ordinance City Planner Kelley provided information on a draft ordinance amending landscaping/site plan regulations. It was noted that the amendments pertained to new construction including new development on the airport. MOTION: Commissioner Henry MOVED to recommend to Council that the Airport Light Industrial Zone be exempted from residential zoning requirements and that the airport provide a noise abatement buffer zone between the Airport Light Industrial and Residential Zones. Commissioner Bielefeld SECONDED the motion. VOTE: YEA: Zirul, Feeken, Pitts, Bielefeld, Henry, Dodge NAY: c. Discussion/Recommendation — Special Use Permit to Pacific Star Seafood It was noted that Council approved the Special Use Permit on June 7 contingent on commission approval. It was also noted the permit was effective June 9. MOTION: Airport Commission June 8, 2017 Page 2 of 3 Commissioner Bielefeld MOVED to approve the Special Use Permit to Pacific Star Seafood and Commissioner Henry SECONDED the motion. There were no objections; SO ORDERED. d. Discussion/Recommendation — Special Use Permit to Reddi Towing It was noted that the special use permit was for Reddi Towing's impound lot. MOTION: Commissioner Bielefeld MOVED to approve the Special Use Permit to Reddi Towing and Commissioner Zirul SECONDED the motion. There were no objections; SO ORDERED. REPORTS a. Airport Manager — reported on the following: • Airport Marking Project ongoing; • Camera project was focusing on a new access control system for automated gates; 17th Annual Kenai Peninsula Air Fair, June 10. b. City Council Liaison — reported on various actions at recent Council meetings. 8. NEXT MEETING ATTENDANCE NOTIFICATION — July 13, 2017. Commissioner Bielefeld noted he would be unable to attend the meeting. 9. COMMISSIONER COMMENTS AND QUESTIONS Commissioner Bielefeld expressed concern with the appraisal of Lawton Acres. 10. ADDITIONAL PUBLIC COMMENT— None. 11. INFORMATION ITEMS — None. 12. ADJOURNMENT There being no further business before the Commission, the meeting was adjourned at 7:41 p.m. Meeting summary prepared and submitted by: Tawni Eubank Administrative Assistant J' Airport Commission June 8, 2017 Page 3 of 3 �U11ap wtd a Past Citi w;d a Fatw�e 210 Fidalgo Ave, Kenai, Alaska 99611-7794 Telephone: (907) 283-7535 1 Fax: (907) 283-3014 \�the cftyaf i www.kenai.city V MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council FROM: Scott Bloom, City Attorney DATE: February 15, 2018 SUBJECT: Back up Material for Ordinance No. 2993-2017 At the last Council meeting on February 7, 2018 Council asked for additional material to help consider Ordinance No. 2993-2017. Attachment A to this memorandum is Ordinance No. 2993-2017 with amendments made on February 7, 2018 provided in blue. Attachment B is all of Chapter 14.25 as if Ordinance No. 2992-2017 passed as amended on February 7, 2018. In consideration of other amendments proposed by other Council Members as provided in this packet, I have no further recommended amendments to Ordinance 2993-2017. Attachment A Sponsored CITY OF KENAI ORDINANCE NO. 2993 - 2017 by: Mayor Gabriel Council Member 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 MATERIAL AND 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, review and update of the City's landscaping and site plan ordinance was included in Goal 1: Quality of Life, Goal 2: Economic Development, and Goal 3: Land Use, in the City's Comprehensive Plan Update 2016; and, WHEREAS, on March 1, 2017, a draft Ordinance was presented to the City Council with proposed amendments to update Code in order 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, the draft Ordinance was reviewed by the Planning and Zoning Commission on March 29, 2017, the Airport Commission on June 8, 2017, the Harbor Commission on July 10, 2017 and by a joint meeting of the Parks and Recreation Commission and Beautification Committee on July 11, 2017; and, WHEREAS, during the commission and committee review process, on May 17, 2017, Council Members Knackstedt and Glendening introduced Ordinance No. 2960-2017 to prohibit land clearing of more than 20 percent of vegetation on a lot without an approved Landscaping/Site Plan, which ordinance was enacted by Council on June 7, 2017; and, New Text Underlined; [DELETED TEXT BRACKETED] Ordinance No. 2993-2017 Page 2 of 8 WHEREAS, the sponsors of Ordinance No. 2960-2017 provided that the intent of the Ordinance was not to take the place of the proposed update ordinance being reviewed by the City's various commissions and committees, but to be complementary to it, to prohibit indiscriminate land clearing during the 2017 construction season; and, WHEREAS, several recommendations of the City's committees and commissions are incorporated into this Ordinance, including special provisions for Airport Light Industrial zoned properties and discouragement of the use of invasive species in planting; and, WHEREAS, the current Ordinance is an update to Code that is more comprehensive than the previously adopted Ordinance No. 2960-2017 in that it addresses performance criteria for Landscaping/Site Plans in addition to requiring an approved Landscaping/ Site Plan before land clearing where applicable, and makes other housekeeping amendments in order to reduce redundancy and improve clarity in 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 14.25.010 - 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 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 within the City of Kenai to enhance the community environment and visual character and to provide attractive and functional separation, providing screening v}sdal-aad 69URd h-arr*^, er bu# s 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 14.25.015 - Landscaping /Site Plan for Land Clearing, is hereby deleted as follows: 1`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 New Text Underlined; [DELETED TEXT BRACKETED] Ordinance No. 2993-2017 Page 3 of 8 OFFICIAL IS REQUIRED PRIOR TO ANY LAND CLEARING AND/OR TREE CUTTING WHERE SUCH LAND CLEARING AND/OR TREE CUTTING WILL RESULT IN REMOVAL OF MORE THAN TWENTY PERCENT OF THE LOT'S 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. Approved Landscaping and Site Plans are required for the following [THIS CHAPTER SHALL APPLY TO]-- (a) O];(a) 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 LAND CLEARING AND/OR TREE CUTTING RESULTING IN REMOVAL OF MORE THAN TWENTY PERCENT OF THE LOT'S EXISTING TREES< SHRUBS< OR NATURAL VEGETATION COVER AS DETERMINED BY THE ADMINISTRATIVE OFFICIAL OR 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.] (c) Land clearing. (d) [Pgroperties 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 Kkenai mMunicipal eCode 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 kaasKMC 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: New Text Underlined; [DELETED TEXT BRACKETED] Ordinance No. 2993-2017 Page 4 of 8 14.25.030- Landscaoina fSlSite fPlPlan-Submittal rRlReauirements. 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; (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 0) When Storm Water Pollution Prevention Plans (SWPPP) are required, a copy of the Plan shall be provided to the City Planner prior to clearing activity. Section 6. 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 Landscapina rPlPlan—Performance rClCriteria. [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 amounts 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: New Text Underlined; [DELETED TEXT BRACKETED] Ordinance No. 2993-2017 Page 5 of 8 (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 or other fence material of similar screening and structural character 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. (4) Trees and/or shrubs appropriate for the climate shall be included in the landscaping beds. All trees, shrubs or other vegetation in the required landscaping must be of a stock rated as hardy for the United States Department of Agriculture Climatic Zone 3. It is not the intent to require specific sDecie& however, property owners are encouraged to understand local climate conditions. Property owners are discouraged from planting invasive species as defined by the Alaska Cooperative Extension Service. Property owners are encouraged to contact the Alaska Cooperative Extension Service for a list of plant species which are appropriate for Climate Zone 3 In all cases the materials shall be living and free of defects and of normal health, height and spread as defined by the American Standard for Nursery Stock, ANSU Z 60.1, latest available edition. American Nursery and Landscaping Association. (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 - New Text Underlined; [DELETED TEXT BRACKETED] Ordinance No. 2993-2017 Page 6 of 8 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. (f) 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. 14 25 085 niFpe.+ Light Indust Fiat FeEw FemeRts as E)FevAGd_ 6R thil; Title V.411 enly apply te aFeas 9R lOtS that the OU-blir- has aA-Ees's W.. d hall t 648 la Rd66aP6RQ GF 6 t80@+S eRF61RWaaG� aIno^ Th and regUiFemeRtS, a. Section 98. 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 Prohibited Acts and Penalties No person may conduct land clearing f * (eth` F than the Guttina et dead keps ter f'..+. aGd QF f'Fe KeteG4�onstruct erect or maintain any structure building fence or improvement including-4ndssapiR , parking and other facilities on property requiring a IandscaDe/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 109. 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: New Text Underlined; [DELETED Ordinance No. 2993-2017 Page 7 of 8 14.25.100 Definition r—LANDSCAPINGI. (a) "Land clearing' for purposes of this chapter means land clearing and/or tree cutting resulting in removal of more than twenty percent (20%) of the trees, shrubs, or natural vegetative cover nF nth mpans of Femoval Af tF and 6tab iGheVe(JetatiAR, ,,thRF th t4e H'.. of dead tF s fee the Gf fore -vi ed- AAP- .t',. . fire AteGt A on Droyertles within the Central Commercial (CC). Central Mixed Use (CMU). General Commercial (CG). Limited Commercial (CL). Heavy Industrial (IH). Townsite Historic (TSH). Light Industrial (IL). Air-eet# mQht IRGIUSt•'^' (A " and Education (ED) zoning districts, except for Purposes of construction of single to three family dwellings. Removal of an obstruction for purposes of a survey is not. "Land clearing." "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' for purposes of this Chapter means any commercial or industrial improvements, requiring a building Dermit 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). Central Mixed Use (CMU). General Commercial (CG). Limited Commercial (CL). Heavy Industrial (IH). Townsite Historic (TSH). Light Industrial (IL). ^iroe.+' 'ght '.,dust4a4 '"' " 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 1.15.0700, this ordinance shall take effect 30 days after adoption. ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 716 day of February, 2018. BRIAN GABRIEL, MAYOR ATTEST: Jamie Heinz, City Clerk Introduced: December 6, 2017 Public Hearing: January 3, 2018 New Text Underlined; [DELETED TEXT BRACKETED] Ordinance No. 2993-2017 Page 8 of 8 Postponed to: February 7, 2018 Postponed as amended to: February 21, 2018 Effective: March 239, 2018 New Text Underlined; [DELETED TEXT BRACKETED] Attachment B 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 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 within the City of Kenai to enhance the community environment and visual character and to provide attractive and functional separation, providing screening between uses 14.25.020 Application. Approved Landscaping and Site Plans are required for the: (a) All retention basins, (b) Commercial, industrial and multifamily development, (c) Land clearing. (d) 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). 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 (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 codified in this section. 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 0) When Storm Water Pollution Prevention Plans (SWPPP) are required, a copy of the Plan shall be provided to the City Planner prior to clearing activity. 14.25.040 Landscaping Plan—Performance Criteria. (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 amounts 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 bedsibuffers 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 or other fence material of similar screening and structural character 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. (4) Trees and/or shrubs appropriate for the climate shall be included in the landscaping beds. All trees, shrubs or other vegetation in the required landscaping must be of a stock rated as hardy for the United States Department of Agriculture Climatic Zone 3. It is not the intent to require specific species, however, property owners are encouraged to understand local climate conditions. Property owners are discouraged from planting invasive species as defined by the Alaska Cooperative Extension Service. Property owners are encouraged to contact the Alaska Cooperative Extension Service for a list of plant species which are appropriate for Climate Zone 3. In all cases the materials shall be living and free of defects and of normal health, height and spread as defined by the American Standard for Nursery Stock, ANSU Z 60. 1, latest available edition, American Nursery and Landscaping Association. (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. (f) Review. The Administrative Official may consider plans for amendments if problems arise in carrying out the landscaping/site plan as originally approved. 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. (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. 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. 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. 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. 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 finds 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. 14.25.080 Expiration. If 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. 14.25.090 Prohibited Acts and Penalties. No person may conduct land clearing, construct, erect or maintain any structure, building, fence or improvement, including 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. 14.25.100 Definition. (a) "Land clearing" for purposes of this chapter means land clearing and/or tree cutting resulting in removal of more than twenty percent (20%) of the trees, shrubs, or natural vegetative cover on properties within the Central Commercial (CC), Central Mixed Use (CMU), General Commercial (CG), Limited Commercial (CL), Heavy Industrial (IH), Townsite Historic (TSH), Light Industrial (IL), and Education (ED) zoning districts, except for purposes of construction of single to three family dwellings. Removal of an obstruction for purposes of a survey is not, "Land clearing." (b) "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" for purposes of this Chapter means any commercial or industrial 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), Central Mixed Use (CMU), 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). (d) "Multifamily development' for purposes of this Chapter means a four (4) or more family dwelling. Appendix I M A I � 1 c � J A D Y 11 Paving Required - KMC 14.25.045 (d) ""Villa9e with a Past, C# with a Future" MEMORANDUM 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: 907-283-7535 / FAX: 907-283-3014 www.kenai.city TO: Mayor Gabriel, Council Members Boyle, Knackstedt, Navarre, & Pettey Student Representative Gilman FROM: Council Members Glendening & Molloy DATE: February 14, 2018 SUBJECT: Ordinance No. 2993-2017 as Amended, Amending KMC Chapter 14.25 Landscaping/Site Plan Regulations Amendment of the definition of "land clearing" does not solve the problem presented by the circumstances of clear cutting a property in an industrial or commercial zone which has property lines with adjacent properties zoned in a residential zone, as was the case with the beginning of a clear cut along the property lines of the Timlin's and their neighbors' residential properties. Under Ordinance 2993-2017 as amended, the trigger for the requirement to file a landscape/site plan does not occur until more than 20% of the trees, shrubs, or natural vegetative cover in the commercial property is removed. Therefore, unless the ordinance is amended to require that the industrial or commercial property owner obtain an approved landscape/site plan from the City Planner before beginning the removal along property lines where adjacent properties are residential properties (except for removal of obstructions for purposes of a survey), the circumstances involving the effects of clear cutting on the Timlins and their neighbors will repeat themselves. An industrial or commercial property owner could clear cut along the property lines adjacent to the residential properties and include the clear cut in the 20% that is allowed before application and approval of a landscape/site plan, unless Council amends the amended ordinance to solve that problem. Attached are three (3) photos to illustrate the effects of clear cutting in the commercial property on the Timlin's residential property viewed from the back of their home: (1) Photo 1 is the view NE from Timlin's back deck on 10/05/2013; (2) Photo 2 is the view NE from Timlin's back deck on 5/31/2016; and (3) Photo 3 is the view NE from Timlin's back property line on 5/31/2016. Together, Council can find a solution to that problem. One idea is presented in the suggested amendment presented on the next page. That idea also includes an amendment to provide that removal of hazardous or invasive species is also not "land clearing." Council's support of an amendment to the amended ordinance is respectfully requested 2 Suaeested amendment: 14.25.100 Definition [-LANDCSCAPING]. (a) "Land clearing' for purposes of this chapter means: (1) land clearing and/or tree cutting resulting in removal of more than twenty percent (20%) of the trees, shrubs, or natural vegetative cover on properties within the Central Commercial (CC). Central Mixed Use (CMU), General except for purposes of construction of single to three family dwellings: and (2) land clearing and/or tree cutting in parcels within the zoning districts listed in subparagraph (1) above resulting in removal of trees, shrubs, or natural vegetative cover within twenty feet of property lines of parcels containing single family to three family dwellings. j4 141 A ro 00" a I N res ` f.J j 2 f C' res ` <ii ttie ciiy o f� KENAI, ALASKA Nom/ 'V11ea' ,e alld a past, G'At wit/ a fatwe 210 Fidalgo Ave, Kenai, Alaska 99611-7794 Telephone: (907) 283-7535 1 Fax: (907) 283-3014 www.kenai.city MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Co ncil FROM: Jim Glendening, Council Member Gam, DATE: February 13, 2018 SUBJECT: Amendments to Ordinance No. 2993-2017 — Landscaping Site Plan Regulations This memorandum provides further amendments to Ordinance No. 2993-2017 that I intend to move at the February 21, 2018 Council Meeting. The amendments are provided below in blue to the Ordinance as it stood after the February 7, 2018 Council Meeting. The proposed amendments attempt to clarify KMC Chapter 14.25 and promote responsible development consistent with other sections of Kenai Municipal Code including KMC 14.20- Kenai Zoning Code. Compatible with attached appropriate sections of the Comprehensive Plan, the Ordinance as amended promotes harmony among dissimilar uses and provides flexibility for landscape design. To this end, the amendments give the administrative official discretion in site plan review and adoption. Your consideration is appreciated. CITY OF KENAI ORDINANCE NO. 2993 - 2017 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 Page 2 of 8 REDLINE Ordinance No. 2993-2017 DEVELOPMENT AND LAND CLEARING IN CERTAIN ZONES IN THE CITY AND MAKING OTHER MATERIAL AND 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 residential, commercial and industrial 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 orderto avoid congestion of among commercial, non-commercial. residential and industrial areas; and, WHEREAS, review and update of the City's landscaping and site plan ordinance was included in Goal 1: Quality of Life, Goal 2: Economic Development, and Goal 3: Land Use, in the City's Comprehensive Plan Update 2016; and, WHEREAS, on March 1, 2017, a draft Ordinance was presented to the City Council with proposed amendments to update Code in order 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, the draft Ordinance was reviewed by the Planning and Zoning Commission on March 8, 2017, March 29, 2017, April 12, 2017, the Airport Commission on June 8, 2017, the Harbor Commission on July 10, 2017 and by a joint meeting of the Parks and Recreation Commission and Beautification Committee on July 11, 2017; and, WHEREAS, during the commission and committee review process, on May 17, 2017, Council Members Knackstedt and Glendening introduced Ordinance No. 2960-2017 to prohibit land clearing of more than 20 percent of vegetation on a lot without an approved Landscaping/Site Plan, which ordinance was enacted by Council on June 7, 2017; and, WHEREAS, the sponsors of Ordinance No. 2960-2017 provided that the intent of the Ordinance was not to take the place of the proposed update ordinance being reviewed by the City's various commissions and committees, but to be complementary to it, to prohibit indiscriminate land clearing during the 2017 construction season; and, Page 3 of 8 REDLINE Ordinance No. 2993-2017 WHEREAS, several recommendations of the City's committees and commissions are incorporated into this Ordinance, including special provisions for Airport Light IndSt al zoned properties and discouragement of the use of invasive species in planting; and, WHEREAS, the current Ordinance is an update to Code that is more comprehensive than the previously adopted Ordinance No. 2960-2017 in that it addresses performance criteria for Landscaping/Site Plans in addition to requiring an approved Landscaping/ Site Plan before land clearing where applicable, and makes other housekeeping amendments in order to reduce redundancy and improve clarity in 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 14.25.010 - 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 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 within the City of Kenai to enhance the community environment and visual character and to provide attractive and functional separation, providing screening between residential, commercial and industrial 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 14.25.015 — 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 LAND CLEARING AND/OR TREE CUTTING Page 4 of 8 REDLINE Ordinance No. 2993-2017 WILL RESULT IN REMOVAL OF MORE THAN TWENTY PERCENT OF THE LOT'S 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] Approved Landscaping and Site Plans are required for the following [CHAPTER SHALL APPLY TO]: (a) 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 LAND CLEARING AND/OR TREE CUTTING RESULTING IN REMOVAL OF MORE THAN TWENTY PERCENT OF THE LOT'S EXISTING TREES< SHRUBS< OR NATURAL VEGETATION COVER AS DETERMINED BY THE ADMINISTRATIVE OFFICIAL OR 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.] (c) Land clearing. (d) 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: Page 5 of 8 REDLINE Ordinance No. 2993-2017 14.25.030- Landscaping/fSlSite [P1Plan-Submittal I'Meguirements. 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; (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 (i) When Storm Water Pollution Prevention Plans (SWPPP) are required, a copy of the Plan shall be provided to the City Planner prior to clearing activity. Section 6. 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 [P1Plan—Performance [Kriteria. [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 amounts 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: Page 6 of 8 REDLINE Ordinance No. 2993-2017 (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 or other fence material of similar screening and structural character 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. (4) Trees and/or shrubs appropriate for the climate shall be included in the landscaping beds. All trees, shrubs or other vegetation in the required landscaping must be of a stock rated as hardy for the United States Department of Agriculture Climatic Zone 3. It is not the intent to require specific species, however, property owners are encouraged to understand local climate conditions. Property owners are discouraged from planting invasive species as defined by the Alaska Cooperative Extension Service. Property owners are encouraged to contact the Alaska Cooperative Extension Service for a list of plant species which are appropriate for Climate Zone 3. In all cases the materials shall be living and free of defects and of normal health, height and spread as defined by the American Standard for Nursery Stock, ANSU Z 60.1, latest available edition. American Nursery and Landscaping Association. (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. Small parking lots having less than 40 spaces may be exempted from the parking lot landscaping standards by the administrative official. (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 Page 7 of 8 REDLINE Ordinance No. 2993-2017 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 average 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. 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 Prohibited Acts and Penalties. No person may conduct land clearing, construct erect or maintain any structure building, fence or improvement, including 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. Any more than the initial ten percent (10%) removal of trees shrubs or natural vegetation is prohibited without a landscape/site plan regardless of the time between the land clearing activity. Land clearing which promotes fire protection as encouraged by the Firewise Communities/ USA program or other similar cooperative fire protection efforts, may be allowed by the administrative official without a landscape/site 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 f—LANDSCAPINGI. (a) "Land clearing" for purposes of this chapter means land clearing and/or tree cutting resulting in removal of more than twenty percent (20%) of the trees shrubs or natural vegetative cover on properties within the Central Commercial (CC) Central Mixed Use (CMU), General Commercial (CG) Limited Commercial (CL), Heavy Industrial (IH) Page 8 of 8 REDLINE Ordinance No. 2993-2017 Townsite Historic (TSH), Light Industrial (IL). and Education (ED) zoning districts, except for purposes of construction of single to three family dwellings. . Removal of an obstruction for purposes of a survey is not, "Land clearing." (b) "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' for purposes of this Chapter means any commercial or industrial 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), Central Mixed Use (CMU). 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). (d) "Multifamily development' for purposes of this Chapter means a four (4) or more family dwellina. 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. ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 7th day of February, 2018. ATTEST: Jamie Heinz, City Clerk BRIAN GABRIEL, MAYOR Introduced: December 6, 2017 Public Hearing: January 3, 2018 Postponed to: February 7, 2018 Postponed as amended to: February 21, 2018 Effective: March 23, 2018 E Lom� eAtiai/ 2030 City of Kenai Comprehensive Plan July 2®16 OV Page 60 of 97 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. ,Ona l �rw-pr,rh/z?xs AitM t131f7Y Q-1 Ensure that Kenai is a Q-10 Continue to support . Update site design community where people and existing senior services and the standards. property are safe. development of additional . Conduct a housing inventory. Q-2 Protect and rejuvenate the services and housing. . Research process and livability of existing Q-11 identify requirements for information needed for neighborhoods nominating the Townsite creating a TSH District. Q-3 Promote beautification Historic District (TSH) to the . Evaluate the opportunity for programs in Kenai. National Register Historic multiple city centers - Q-4 Promote the siting and design District. definitions, criteria, of land uses that are in harmony Q-12 Update Historic District standards for development and scale with surrounding uses. design standards in the city's . Update/revise subdivision Q-5 Update existing site design land use regulations. code. guidelines for commercial Q-13 Develop strategies in . Prepare an urban trail and development - landscaping, cooperation with state and greenbelt system plan that setbacks, parking. federal agencies to ensure there connects with other trail Q-6 Update the subdivision code is adequate affordable housing in systems. to include site design standards. Kenai. Q-7 Provide a variety of formal Q-14 Continue to foster a and informal educational compact, intensive mix of private programs. and public uses in the downtown Q-8 Collaborate with local Alaska core area. Native organizations to identify Q-15 Acknowledge the culturally sensitive issues and emergence of other commercial areas of importance in Kenai. centers. Q-9 Encourage healthy lifestyles Q-16 Provide a wide variety of by providing opportunities opportunities for the public to and/or facilities for outdoor participate in public policy activities. decision-making. Imagine Ifenai 2030 Comprehensive Plan 78 Kenai Peninsula Borough Assembly Adopted - January 3, 2017 Page 61 of 97 Inly 2016 6.4 Goal 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. hnagine Kenai 2030 Comprehensive Plan 80 July 2016 Kenai Peninsula Borough Assembly Adopted -January 3, 2017 Page 63 of 97 LU -1 Establish siting and LU -11 Where feasible, consolidate access . 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 Site 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. LU4 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, 1,11145 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 hnagine Kenai 2030 Comprehensive Plan 80 July 2016 Kenai Peninsula Borough Assembly Adopted -January 3, 2017 Page 63 of 97 theaitvat'� V MEMORANDUM 71ea00e alit% a Past, efts alld a fatcu'e J" 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: Jamie Heinz, City Clerk DATE: February 16, 2018 SUBJECT: Ordinance No. 2993-2017 — Landscape/Site Plan The purpose of this memo is to bring to your attention some technical adjustments I administratively made to Section 4 of the ordinance where KMC 14.25.020 — Application is addressed. No language was changed, I simply adjusted where some deleted language appeared in relation to retained and new language so that the section was easier to read. I did not change punctuation; you might choose to address that.