HomeMy WebLinkAboutOrdinance No. 2209-2007Suggested by: City Council
CITY OF KENAI
ORDINANCE NO. 2209-2007
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING
KMC 14.25 TO INCLUDE FOUR OR MORE DWELLINGS IN THE LANDSCAPING/SITE
PLAN REQUIREMENTS OF THE KENAI MUNICIPAL CODE.
WHEREAS, KMC 14.25 provides for landscaping/site plan requirements for
commercial and industrial development within the City of Kenai; and,
WHEREAS, residential property is currently exempted from the landscaping
requirements in the city code; and,
WHEREAS, development of residential property consisting of four or more family
dwellings should be required to fulfill the landscaping requirements; and,
WHEREAS, landscaping requirements are necessary because of the impact of
concentrated uses due to the increased lot utilization; and,
WHEREAS, it is in the best interest of the City of Kenai to include four or more family
dwellings ("multi-family development") in the landscaping/site plan requirements of
the Kenai Municipal Code.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI
that KMC 14.25 is amended as shown on Attachment A.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 7rh day of February
2007.
- G~~~~
PAT PORTER, MAYOR
ATTEST:
~~P ~~~
Carol L. Freas, City Clerk
Introduced: January 17, 2007
Adopted: February 7, 2007
Effective: March 7, 2007
Chapter 14.25
LANDSCAPING/SITE PLAN REGULATIONS
14.25.010 Intent.
(a) Site Plans. It is the intent of this chapter to provide for orderly and safe development of
the City commensurate with protecting the health, safety and welfare of its citizens, and adequate
and convenient open spaces, light and air, in order to avoid congestion of commercial and
industrial areas.
(b) Landscaping Plans, It is the intent of this chapter to provide for landscaping and/or the
retention of natural vegetation in conjunction with commercial [AND] industrial and multi-
faxnily development within the City of Kenai. The general purpose of landscaping is to visually
enhance the City's appearance, provide amactive and functional separation and screening
between uses and reduce erosion and storm runoff.
(c) For purposes of this chapter multi-family development means a four or more family
dwelling.
14.25.015 Landscaping site plan.
For property covered under this chapter, submittal of a preliminary IandscapingJsitepian
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 fifteen percent (I S%) of the lot area having
existing trees, shrubs, or natural vegetation cover.
14.25.020 Application.
This chapter shall apply to all commercial (AND] industrial and multi-family
development within the City of Kenai and shall apply to both the landscaping and site plans.
"Commercial [AND] industrial and multi-family development" and "all development" shah be
defined as any improvements requiring a building permit for new construction or any
improvements of twenty thousand dollars ($20,000) or more, which adds square footage, and is:
located on properties within the Central Commercial (CC), General Commercial (CG),
Limited Commercial (CL), Heavy Industrial (IH), Townsite Ilistoric (TSH), Light Industrial (IL)
and Education (ED) zoning drstricts• or 2) a multi-family development in any zone• or ~ a
cha~lge 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 alandscape/site plan unless such improvements are
constructed or reconstructed in a manner consistent with the approved plan.
Properties zoned residential (except multi-family 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) or more, which
adds square footage or a change of use as required in KMC 14.20.250 (a).
Ordinance 2209-2006 Attachment A
Page t of4
14.25.030 Landscaping/site plan-Submittal requirements.
One copy of the landscaping/site plan (eleven inches (ll") by fourteen inches (14") 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 shalt be prepared at a minimum
scale of one inch (P') 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) Identif cation 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 reshict development or
drainage.
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 amount will provide the best results. Perimeter, interior, sheet right-of-
way, and parking lot landscaping should 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. Landscaping adjacent to
residential zones shall have landscaping beds that meet all of the following minimum standards:
I. Landscaping beds -Minimum of 10 feet in width along all property lines, which
adjoin residential zones, exclusive of driveways and other ingress and egress
openings. A 6-feet high wood fence or masonry wall may be used in place of 5 feet
of the required bed width.
2. Ground cover - 100 percent within 3 years of planting alzd continuous maintenance
so there will be no exposed soil. Ir lower beds may be considered ground cover.
3. 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 azld
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
Ordinance 2209-2006 Attachment A
Page 2 of 4
driveways and streets within the site. Landscaping may include landscaping beds, trees, az1d
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) Streetright-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 rigJrts-of-
way, the Administrative Officer may approve alternatives, which meet the intent of this section
but protect landscaping from winter maintenance daznage.
1. Landscaping beds -Minimum of 10 feet 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 - k 00 percent ground cover of the landscaping bed within 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 acid improvements of buildings,
parking lots, etc. should be considered on the site plan.
(b) Buildings. A commercial or hndustrial use housed in the building is to be compatible with
the surrounding properties, land use plan, and not be hazardous to the health, safety acrd 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 jWHEN] for "commereiat developmenP' including amulti-family
development requiring a building permit valued at one hundred Thousand dollars
($100,000) or more for new construction, or any improvements which adds square
footage valued at one hundred thousand dollars ($100,000) or more, acid 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 storagelremoval and drainage as referenced
on the site plan shall be compatible with fl1e surrounding area.
(f) Dumpsters. Dumpsters must be screened with asight-obscuring struch~re made of wood
or concrete. The Administrative Official may approve other construction materials.
Ordinance 2209-2006 Attachment A
Page 3 of 4
14.25.050 Approval.
Uiiless extended for good cause, the Administrative Official shall review and take action
on a landscaping and site plan withn fourteen (14) days of satisfactory submittal. The Building
Official shall issue a building permit upon approval of the associated landscapinglsiteplau
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 one year after issua~lce of the Certificate of Occupancy.
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 OfFcial.
1. The required parking lot paving shall be completed within two years after issuance of
the Certificate of Occupancy.
14.25.070 Modifications.
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
ordinance impractical and that the modification is in conformity with the intent and purposes of
this ordinance.
14.25.080 Expiration.
If construction of the project has not started within one year of approval of the
landscaping/site plan, the approval shall lapse unless extended for good cause.
14.25.090 Penalties.
Penalties for non-compliance with this chapter shall be as set forth by KMC 14.20.260.
14.25.100 Definition-Landscaping.
"Landscaping" means the treatment of the ground surface with live planting materials,
including but not limited to, trees, shrubs, grass, ground cover or other growing horticultural
material. Other materials such as wood chips, stone, or decorative rock may also be utilized.
Ordinaaice 2209-2006 Attachment A
Pale 4 of 4
Suggested by: City Council
Substitute
CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION NO. PZ07-02
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF
KENAI, ALASKA, SUPPORTING AMENDMENT OF KMC 14.25 TO INCLUDE FOUR OR
MORE DWELLINGS IN THE LANDSCAPING/SITE PLAN REQUIREMENTS OF THE
KENAI MUNICIPAL CODE
WHEREAS, KMC 14.25 provides for landscaping/site plan requirements for
commercial and industrial development within the City of Kenai; and
WHEREAS; residential property is currently exempted from the landscaping
requirements in the city code; and
WHEREAS, development of residential property consisting of four or more family
dwellings should be required to fulfill the landscaping requirements; and
WHEREAS, because the impact of concentrated uses due to the increased iot
utilization; and,
WHEREAS, it is in the best interest of the City of Kenai to include four or more family
dwellings ("multi-family development") in the landscaping/site plan requirements of
the Kenai Municipal Code.
NOW, THEREFORE, THE PLANNING AND ZONING COMMISSION RECOMMENDS
THE COUNCIL OF THE CITY OF KENAI, ALASKA AMEND KMC 14.25 AS SHOWN ON
ATTACHMENT A.
PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI,
ALASKA, this IOth y o anuary, 2007.
ATTEST: