HomeMy WebLinkAboutORDINANCE 1246-1988suggested By: Mayor Williams
CITY Of KENAI
ORDINANCE 1246-88
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA,
AMENDING KMC 14.20.105; 14.25.030; 14.25.040; 24.25.050;
14.25.060; and 14.25.070 TO PROVIDE FOR CONTROL OF THE
LANDSCAPING/SITE PLAN REVIEW BY THE CITY OF KENAI PLANNING AND
ZONING COMMISSION BOARD AND AMENDING KMC 1.90.060 TO REMOVE
REFERENCES TO THE LANDSCAPING/SITE PLAN REVIEW BOARD.
WHEREAS, decreases in commercial construction have been
occasioned by a downturn in the Alaska economy, particularly
within the local area; and,
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,
04 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 and KMC 1.90.060 shall be amended as shown in the attached
Exhibit "A".
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this third
day of February, 1987.
JOHN J. WILLIAMS, MAYOR
ATTEST:
Janet Whelan, City Clark
First Reading: January 20, 1988
Second Reading: February 3, 1988
Effective Date: March 3, 1988
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LINHINT "An
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14.20.105 Tayngte Histgr e-(_T81N)_ Zonin Di99 Xict: (a)
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Intent. The TSH Zoning District is intended to provide for a
mixed, controlled use in a designated area, which will protect
and enhance the historic character of the zone. The Baal of the
TSH zone is to manage all new development and reconstruction by
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requiring all applicatiors for a building permit to submit an
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application to the appropriate body for approval prior to the
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issuance of the permit. All applications must meet the criteria
of the application process.
(b) Guidelines. The following guidelines are intended to
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provide the applicant with an idea of the general criteria the
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(LANDSCAPING/SITE PLAN REVIEW BOARD (REVIEW BOARD)] P1ant}in_9_r►d ,
will employ when reviewing
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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
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historical character of the district.
(1) All alterations to existing structures should be
performed so as to preserve the historical and architectural
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character of the TSH zoning district.
(2) The distinguishing original qualities or character
of a building, structure, or site in its environment shall
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not be destroyed. The removal or alteration of any historic
material or destruction of architectural features should be
when possible.
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avoided
(3) All existing buildings, structures, and sites
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should be recognized as products of their own time.
Alterations that have no historical basis should be
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discouraged, except buildings that have functional
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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
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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
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the size, scale, color, material, and character of the
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property, the immediate surrounding structures, and those in
the historic district.
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(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 Official Zoning May, 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 avcurately 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
proposed alterations and additions in relation to the nits.
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 cc -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; wojden 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.
(a) Setbacks. Setbacks within the TSH zone shall be as
stated in the KMC 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.
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Should the (REVIEW BOARD) Couga sgjpq require
M dification to the submitted application or additional
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submittals due to unusual conditions, then the additions
shall be submitted by the applicant when requested by the
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REVIEW BOARD Commission pr: i.or to approval of the application
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by the REVIEW BOARD Co sato
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(3) Upon approval of the application by the (REVIEW
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BOARD) Commissloft the application shall be Forwarded to
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the Building Off?.cial.
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14. a5.035 its P1 n: Submittal of a
preliminary landscaping/site plan and approval by the
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(LANDSCAPING/SITE PLAN REVIEW BOARD) P1eninQ and Zonin4
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Commipsion is required prior to any land clearing and/or tree
cutting.
14.25.040 L p4gpMipgL - Performance Criteria: (a)
Objectives for Landscaping Plan: An effective landscaping plan
should utilize a variety of techniques for achieving the intent
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of this ordinance. The appropriate placement or retention of
vegetation in sufficient amount will provide the beat results.
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Perimeter, interior, and parking lot landscaping should be
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included as components of the overall landscaping plan.
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(b) Perimeter Landscaping: Perimeter landscaping involves
the land areas adjacent to lot lines within the property
boundary. This buffer landscaping serves to separate and
between land uses. Buffer
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minimize the impact adjacent
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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: Tntoriur landscaping involves
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those areas of-tho property exclusive of the perimeter and
parking lot areas. Interior landscaping is desirable to separate
uses or activities within the overall development. Screening or
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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
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the site.
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
reminder of the development. It also is desirable for the
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purpose of improving vehicular and pedestrian circulation
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patterns.
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(e) Maximum Required Landscaping: The [LANDSCAPING/SITE
PLAN REVIEW BOARD] PlgnninQ and Zoning Comm eaion.shall not
require more than five percent (5%) of any project area to be
landscaped.
(f) Review: The [LANDSCAPING/SITE PLAN REVIEW BOARD]
Planning Ap ZoDipg Commission may reconsider plans after they
have been approved if problems arise in carrying out tho
landscaping/site plan as originally approved.
14.25.050 [LANDSCAPINGL$ITE PLC R VY WmBQAID] 1 nnina ai
Zoning Co iss.o : Meetings and Proceedings: The EBOARDI
90—m-milt—SA-0-A anal meet to review and take action on a landscaping
and site plan within fourteen (14) days of satisfactory submittal
to the Planning Department. The Building Official shall issue a
building permit upon approval of the associated landscaping/site
plan by the Board or the expiration of fourteen (14) days without
official Board action, providing all of the other requirements
for the issuance of a building permit have been met. Any appeal
of the action of the [BOARD] Commission shall be submitted in
writing to the Kenai City Council.
14.25.060 Completion Landscaping Plan: All required
landscaping as presented in the approved landscaping plan shall
be installed prior to the isnuanco of the Certificate of
Occupancy by the Building Official. The Planning Specialist or
any member of the [BOARD] P anniandor inQ Commission may make
the final inspection to verify the completion of the required
landscaping. In the event that the landscaping has not been
completed upon request for the Certificate of Occupancy, the
Building Official may grant a temporary certificate not to exceed
nine (9) months.
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 [LANDSCAPING/SITE
PLAN REVIEW BOARD] Plannipg god Zonin Commission and shall be
approved by the Building Official or Planning Specialist. All
restrictions cited in Section 14.25.060 shall apply to this
section.
1.90.060 Specific Rgquirements of Board__,, Commiesions and
Committees: Specific duties and powers of the Library
Commission, Harbor Commission, Planning & Zoning Commission,
Recreation Commission, and Advisory Economic Development
Commission[, AND LANDSCAPING/SITE PLAN REVIEW BOARD] as defined
in Chapters 1.57, 11.10, 14.05, 14.25, 19.05, and 1.58 will
remain in effect. Creation, qualifications, terms and
proceedings for these (SIX) Live commissions will be as stated in
this section on procedures.
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