HomeMy WebLinkAboutORDINANCE 1527-1993
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Suggested by; Council
CITY OF I;-ENAI
ORDINANCE NO. 1527.93
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AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMBNDING
THE KENAI MUNICIPAL CODE 14.20.105;14,25.030;14.25.040;14.25.050;14.25.060; and
14.25.070 TO PROVIDE FOR CONTROL OF THE LANDSCAPINGlSITE PLAN REVIEW
BY THE CITY OF KENAI PLANNING AND ZONING COMMISSION AND TO REMOVE
REFERENCES TO THE LANDSCAPING/SITE PLAN REVIEW BOARD.
WHEREAS, the City of Kenai Planning and Zoning Commission has adequate expertise and
experience in matters relating to zoning regulations; and,
WHEREAS, it is the desire of the Council of the City of Kenai to "sunset" the Landscaping/Site
Plan Review Board in an attempt to streamline and consolidate applications for commercial and
industrial building permits; and,
WHEREAS, such streamlining and consolidation will result in economics of time, effort, and
money,
NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA THAT Title 14, Chapters 20 and 25 of the Kenai Municipal Code shall be amended
as shown in the attached Exhibit "A".
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 20th day of January,
1993.
ATTEST:
Carol L. Freas, City Clerk
(1/28/93)
H. RAY OND MEASLES,
Vice Mayor
introduced: January 6, 1993
2nd Reading: January 20, 1993
Adopted: February 3, 1993
Effective: March 3, 1993
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EXHIBl1` A
14.20.105 Townsite Historic (T~, nninv n~• (a) Intent, The TSH Zoning
District is intended to provide for a mixed, controlled use in a designated area, which will prefect
and enhance the historic character of the zone. The goal of the TSH zone is to manage all new
development and reconstruction by requiring all applications for a building permit to subri'ut an
application to the appropriate body for approval prior to the issuance of the permit. All
applications must meet the criteria of the application process.
{b) Guidelines. The following guidelines are inte3~ded to provide the applicant with an
idea of the general criteria the [LANDSCAPING/SI'TE PLAN REVIEW BQARD (REVIEW
BOARD)] I'-lanning and ,Z,o,,.,i ing Commission (C'.nmmiacinn~ w~ employ when reviewing
proposals for construction in the TSH zoning district. They are designed to preserve the
characteristics which typify development in the district and provide the basis for preserving the
historical character of the district. '
(1) All alterations to existing structures should be performed so as to preserve the
historical and architectural character of the TSH zoning district.
(2) The distinguishing original qualities or character of a buitdin structu
g, re, or
site in its environment shall not be destroyed. The removal or alteration of any historic -
material or destruction of architectural features should be avoided when possible.
(3) All existing buildings, structures, and sites should be recognized as products '~1
. of their own time. Alterations that have no historical basis should be discouraged, except
buildings that have functional utilities.
(4) Changes which may have taken place in the course of time are evidence of
the history and development of a building, structure, or site, and its environment. These
changes may have acquired significance of their own, which should be recognized and
respected.
(5) Contemporary design for alteration and additions to existing properties shall
not be discouraged when such alterations or additions do not destroy the historical
character of the structure. The same will hold true on new construction, that is,
contemporary design shall not be discouraged if it does not violate the historical character
of the surrounding buildings or of the historic district as a whole. Design proposals for
both new construction and alterations to existing structures should be compatible with the
size, scale, color, material, and character of the property, the immediate surrounding
structures, and those in the historic district.
(c) Application. An application for construction in the TSH Zoning District shall be filed
with the Planning Department for any rehabilitation/renovation or new construction within the
TSH zoning district, as located within the bounds shown on the City of Kenai ~fficiat Zoning
Map, which application shall contain:
(1) Three copies of the application signed by the applicant and, if leasing the
premises, co-signed by the owner indicating type or nature of business.
{2) Current color photographs of the site and of any existing structures
representing both the overall condition of the structure and accurately portraying the
materials and color.
(3} Three copies of a landscaping and site plan complying with the development
criteria of this chapter and drawn to scale showing the existing structure and all r sed
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alterations and additions in relation to the site. Provided that no landscaping/site plan
shall be required unless the proposed construction exceeds $10,000 in value.
(d) Development Criteria. The development criteria is to provide for a district in which
mixed residential and retail enterprises co-habit in a desirable and compatible use.. All
landscaping/site plans and/or proposed construction shall:
(1) Encourage, wherever possible and compatible with historic character of the
TSH zone, foot traffic; restaurants, gift shops, parks, etc.; indigenous Kenai Peninsula
flora; historic interpretation; wooden structures including log style with soft colored or
natural sidings.
(2) Discourage uses which will violate the historic and scenic quality of the TSH
zone; buildings and building additions that are not compatible in height with adjacent
buildings or which violate the existing scale of the district; metal buildings; quonset but
style buildings; buildings with a "modern design" style of architecture; more than duplex
residences; gas stations; auto repair shops; rental storage of any kind; junk; kennels or
similar uses.
(e) Setbacks. Setbacks within the TSH zone shall be as stated in the K1VIC Development
Requirements Table under the Urban Residential (RU) criteria, except as to existing buildings.
(f) Review Process. Upon submittal of an application, the Planning Department shall
schedule the application for review by the [LANDSCAPING/SITE PLAN REVIEW BOARD]
Commission at the following appropriate meeting.
• (1) Approval or rejection of the landscaping/site plan shall be based upon the
development criteria in subsection(d) above and all other pertinent provisions of the Kenai
Municipal Code.
(2) Should the [REVIEW BOARD] Commission require modification to the
submitted application or additional submittals due to unusual conditions, then the additions
shall be submitted by the applicant when requested by the [REVIEW BOARD]
~orr~,mis~ prior to approval of the application by the [REVIEW BOARD] Commission.
(3) Upon approval of the application by the [REVIEW BOARD] Commission
the application shall be forwarded to the Building Official. (Ord. 1133)
14.25.035 ~Lit~g/Site Plan: Submittal of a preliminary landscaping/site plan and
approval by the [LANDSCAPING/BYTE PLAN REVIEW BOARD] Planning n nQ
Com lesion is required prior to any land clearing and/or tree cutting.
14.25.040 Iping Plan- Performance rrirP~a: (a) Objectives for Landscaputg
Plan: An effective landscaping plan should utilize a variety of techniques for achieving the intent
of this ordinance. The appropriate placement or retention of vegetation in sufficient amount will
provide the best results. Perimeter, interior, and parking lot landscaping should be included as
components of the overall landscaping plan.
(b) Perimeter Landscaping: Perimeter landscaping involves the land areas adjacent to
lot lines within the property boundary. This buffer landscaping serves to separate andmu~niimize
the impact between adjacent land 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.
(c) Interior Landscaping: Interior landsca in
exclusive of the perimeter and parking lot areas. Inteng'o landeS those areas of the pra~rty
uses or activities within the overall development. Screening or vssual ~anesirable to separate
is recommended to accent or complement buildings, to identify and highlight enntran ding
site, and to provide for attractive driveways and streets within the site. the
(d) Parking Lot Landscaping: Parking lot landscaping involves the land areas ad'acerii
to or within all parking Lots and associated access drives. Parking lot landscapin serves to
provide visual relief between vehicle parking areas and the reminder of the develo meet. It
is desirable for the purpose of improving vehicular and P ~~
(e) Maximum Required Landscaping; The jL~ CAP irculation patterns,
BOARD] Plannine end Z Wing Commiarinn ING~STTE PLAN REV~W
shall not require more than five percent (5 Rb) of any
project area tv be landscaped.
(~ Review: The [LANDSCAPING/SITE PLAN REVIEW BOARD] g~ '
~~ C mmicci n may reconsider plans for amendm~p~ts a~e1 fey have been a road
problems anse in carrying out the landscaping/site plan as originally approved. PP ~ if
14.25.050 [LANDSCAPING/SITE PLAN REVIEW BOARD] •
,~o~mission: Meetings and Proceedings; The jgpA~] shall meet to review
take action on a landscaping and site plan within fourteen (14) days of satisfacto sub 'and
[TO THE PLANNING DEFARTME ~ ~~
NT]. The Building Official shall issue a building permit
upon approval of the associated landscaping/site plan by the [BOARD] i or the
expiration of fourteen (14) days without official jBOARD] action, rovidin
the other requirements for the issuance of a buildin P g ~ of
action of the [BOARD] i i shall be subm tt~ in wrign ~en met. Any appeal of the
g o the Kenai City Council.
14.25.()6(} ~OmDletinn _ I.,an~ a„~g~: All required landscaping aS presented in the
approved landscaping plan shall be installed prior to the issuance of the Certificate of Occu c
jBY THE BUILDING OFFICIAL. THE PLANNING SPECIALIST OR ANY MEMB ~ y
THE BOARD MAY MAKE THE FINAL INSPECTION TO VERIFY THE COMPLETI~ OF
THE REQUIRED LANDSCAPING]. In the event that the landscaping has not been ~~ N OF
upon request for the Certificate of Occu anc the Buildin Official ma plated
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certificate not to exceed nine (9) months. g Y grant a temporary
14.25.065 ~or~letion -Site Plan; qll requirements as outlined in Section 14.25.04
shall be installed according to the site plan as approved by ~~ the develo r 5
[LANDSCAPING/SITE FLAN REVIEW BOARD] i ~ Pe and the
SHALL BE APPROVED BY THE BUILDING OFFICIAL pR PLANNING SPECIA LAND
All restrictions cited in Section 14.25.060 shall apply to this section. LIST].
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