HomeMy WebLinkAboutOrdinance No. 2288-2008Suggested by: Planning & Zoning
C%TY OF KENAE
ORDINANCE IdO. 22~~-2®O8
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING
CHAPTER 14.25 LANDSCAPING/SITE PLAN REGULATIONS REQUIRING APPROVAL
OF PLANS BEFORE CLEARING ANY LAND, REQUIRING BUFFER SEPARATION
BETWEEN COMMERCIAL AND RESIDENTIAL USES, EXTENDING THE COMPLETION
TIME TO TWO YEARS AND PROVIDING THAT THE APPROVAL MAY BE REVOKED
WITH THIRTY DAYS NOTICE.
WHEREAS, 14.25.015 currently requires submittal of a preliminary landscaping/site
plan and approval prior to land clearing of only property covered under this chapter;
and,
WHEREAS, 14.25.040(b) currently does not set forth any provisions that a visual
separation between commercial and residential uses be required; and
WHEREAS, 14.25.060 currently permits one year from receipt of a certificate of
occupancy to complete approved landscaping; and,
WHEREAS, completion should be one year from approval of landscaping/site plan;
and,
WHEREAS, 14.25.080 currently provides that if construction has not started within
one year that the approval shall lapse rather than provide the Administrative Officer's
discretion on whether the permits should lapse.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA that KMC 14.25 is amended to read as presented on Attachment "A" of this
ordinance.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, thi 19th day of March,
2008. /~ '~1. „~ ~. ~ „ ,
LWDA SWARNER, VICE MAYOR
ATTEST: ~C/~- ~~J .. /
Carol L. Freas, City Clerk
Introduced: March Sth,2008
Adopted: March 19th, 2008
Effective: April 19th, 2008
Chapter 14.25 LANDSCAPING/SITE PLAN REGULATIGNS
14.25.010 Intent.
14.25.015 LANDSCAPING/SITE PLAN.
14.25.020 Application.
14.25.030 Landscaping/site plan-Submittal requirements.
14.25.040 Landscaping plan-Performance criteria.
14.25.045 Site plan-Performance criteria.
14.25.050 Approval.
14.25.060 Completion-Landscaping plan.
14.25.065 Completion-Site plan.
14.25.070 Modifications.
14.25.080 Expiration.
14.25.090 Penalties.
14.25.100 Definition-Landscaping.
14.25.010 Intent.
(a) Site flans. 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 industrial
and multifamily development within the City of Kenai. 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 or more
family dwelling.
14.25.015 LANDSCAPING/SITE PLAN F®R 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
[FIFTEEN PERCENT (15%)] twenty-five percent (25%)of the lot area having existing
trees, shrubs, or natural vegetation cover as determined by the administrative official.
14.25.020 Application.
This chapter shall apply to all 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"
Ordinance No. 2288-2008 Landscaping/site Plan Regulations
Attachment "A" Page 1 of 6
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 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 alandscape/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).
14.25.030 Landsca~ain~/site plan-Submittal requirements.
One copy of the landscaping/site plan (eleven inches (11") by [FOURTEEN]
seventeen inches [(14")] L) 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;
(~ 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.
14.25.040 Landscaping plan-Performance criteria.
Ordinance No. 2288-2008 Landscaping/site Plan Regulations
Attachment "A° Page 2 of 6
(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 [SHOULD] 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 that meet all of the following
minimum standards:
1. Landscaping beds -Minimum of ten feet (10') in width along all property lines,
which adjoin residential zones, exclusive of driveways and other ingress and egress
openings. Asix-foot (6') high wood fence or masonry wall may be used in place of five
feet (5') of the required bed width.
2. Grouted 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.
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 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.
Ordinance ~o. 2288-2008 landscaping/site Plan Regulations
Attachment "A" Page 3 of 6
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
0100,000,00) or more for new construction, or any improvements which adds square
footage valued at one hundred thousand dollars 0100,000.00) 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 asight-obscuring structure
made of wood or concrete. The Administrative Official may approve other construction
materials.
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
Ordinance No. 2288-2008 Landscaping/site Plan Regulations
Attachment "A" Page 4 of 6
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-Landsca i~ng gslan.
All required landscaping as presented in the approved landscaping plan shall be
installed within [ONE (1) YEAR] TWO (2) YEARS after [ISSUANCE OF THE
CERTIFICATE OF OCCUPANCY].] 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.
1. The required parking lot paving shall be completed within two (2) 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 chapter impractical and that the modification is in conformity
with the intent and purposes of this chapter.
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 [SHALL LAPSE] may be revoked by the
administrative Official after providing at least thirty (30) Day notice 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.
Ordinance No. 2288-2008 Landscaping/site Plan Regulations
Attachment "A" Page 5 of 6
Appendix I
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Ordina~~ceNo.2288-2008 Landscaping/sitePLanRegulations
Attacliment "A" Page 6 o~P 6