HomeMy WebLinkAboutORDINANCE 1037-19850
SugyesLed by: Attorney
CITY OF KENAI
ORDINANCE NO. 1037-85
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA,
ESTABLISHING KENAI MUNICIPAL CODE CHAPTER 14.25 ENTITLED
LANDSCAPING REGULATIONS.
WHEREAS, there are currently no requirements for the retention of
vegetation or landscaping of commercial properties in the City of
Kenai, and
WHEREAS, such vegetation or landscaping serves to visually
enhance the City's appearance, maintain or increase property
values, and reduce erosion and storm runoff, and
WHEREAS, the Kenai Advisory Planning & Zoning Commission has
j pursued the development of certain landscaping regulations which
meet this stated purpose, and
WHEREAS, the Commission, upon numerous meeting discussions,
worksessions, and public hearings conducted on March 13th, 27th,
and April 10, 1985 has recommended the adoption of the proposed
landscaping regulations, and
WHEREAS, the Council finds that enactment of these landscaping
regulations will result in the enhancement of the City's
commercial area without adversely impacting business growth and
development.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
KENAI, ALASKA, that Kenai Municipal Code Chapter 14.25 entitled
Landscaping Regulations is hereby enacted as follows:
Chanter 14.25
R LANDSCAPING REGULATIONS
14.25.010 Intent:
It is the intent of this section to provide for landscaping
and/or the retention of natural vegetation in conjunction with
commercial development within the City of Kenai. The general
purpose of landscaping is to visually ecinance the city's
appearance, maintain or increase property values, and reduce
erosion and storm runoff.
r - �
14.25.020 Application:
This section shall apply to all commercial development within the
City of Kenai. "Commercial development" shall be defined as any
improvements requiring a building permit for new construction
located on properties within the Central Commercial (CC) and
General Commercial (CG) zoning districts.
14.25.030 Landscaping Plan - Submittal Requirements:
Three (3) copies of the landscaping plan shall be submitted to
the Building Official in conjunction with a request for building
permit in compliance with this section. The landscaping plan
shall be prepared at a minimum scale of 1" = 20'; and shall
include the following information:
(g) Common and scientific name of the 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
(a) Identification and location of non -living landscaping
materials to be used
(f) Identification of on -site snow storage areas
(g) Drainage patterns
14.25.040 Landscaping Plan - Performance Criteria:
(a) Objectives
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 (MAY] should be included as components of
the overall landscaping plan.
(b) Perimeter Landscaping
Perimeter landscaping involves the Nand areas adjacent
to lot lines within the property boundary. This buffer
landscaping serves to separate and minimize the impact
between adjacent land uses. Buffer landscaping may be
1 ''
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 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
ide:nt:f- And highlight entrances to the site, and to
provide for attractive driveways and streets within the
site.
(d) Parkino 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.
(a) Maximum Required Landscaping
The Landscaping Review Board shall not require
14.25.050 Landscaping Review Board:
(a) Membership, Qualifications, Terms, and Rules
The Landscaping Review Board shall consist of not less
than five members who shall serve without pay. Members
shall be appointed by the Mayor and confirmed by the
Council. Members shall be appointed for a term of
three years, excepting the initial members who shall be
appointed for a one, two, or three year term. The
Board shall elect a chairman, vice-chairman, and clerk.
A majority of the membership shall constitute a quorum
for the purpose of transacting business.
(b) Meetings and Proceedings
The Board shall meet to review and take action on a
landscaping plan within fourteen (14) days of
satisfactory submittal to the Building Official. The
Building Official shall [BE AUTHORIZED TO] issue a
Building permit upon approval of the associated
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landscaping plan by the Board or the expiration of 14
days without official Board action. Any appeal of the
action of the Board shall be submitted in writing to
the Kenai City Council.
14.25.060 Security Agreement
All required landscaping as presented in the approved landscaping
plan shall be installed prior to the issuance of the, Certificate
of Occupancy by the Building Official. The Building Official
shall n:ake the final inspection to verify the completion of the
required landscaping. In the event that L46 :aoiubeaping has not
been completed upon request for the Certificate of Occupancy, the
Building Official may entertain application for a one-time
temporary nine 9 month Certificate of Occupancy which shall be
subject to approval by the City Council. LTHE DEVELOPER SHALL
SI'MIT A CASH ESCROW OR POST A PERFORM- CE BO ND WITH THE CITY OF
KENAI AS A PREREQUISITE TO OBTAIN SAID CERTIFICATE. THE R►_'QUIRED
ESCROW OR BOND SHALL BE SUBMITTED IN AN AMOUNT EQUAL TO TWO
PERCENT (2%) OF THE BUILDING PERMIT VALUE. THE DEVELOPER, SHALL
COMPLETE THE REQUIRED LANDSCAPING WITHIN NINE (9) MONTHS OF
ISSUANCE OF THE CONDITIONAL CERTIFICATE OF OCCUPANCY.] (IF
LANDSCAPING IS NOT COMPLETED WITHIN THE NINE (9) MONTH PERIOD,
THE CONDITIONAL CERTIFICATE OF OCCUPANCY SHALL BE REVOKED.]
14.25.070 Definition - Landscaping:
"Landscaping" means the treatment of the ground surface with live
planting materials, including but not limited to, trees, shrubs,
grass, ground cover or other growing horticultural material.
Other materials such as wood chips, stone, or decorative rock may
also be utilized. A list of recommended landscaping materials
shall be provided by the City of Kenai.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 5th day
of June, 1985.
TOM WAGON R, OR
ATTEST:
et Whelan, City Clerk
First Reading: April 17, 1985
Second Reading: June 5, 1985
Effective Data: July 5, 1985
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