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HomeMy WebLinkAboutOrdinance No. 2421-2009he ci i✓i KENALALASKA CITY OF KENAI ORDINANCE NO. 2421 -2009 Suggested by: Administration AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING: 1) KMC 14.25.040(b) BY REQUIRING SCREENING BETWEEN RESIDENTIAL AND COMMERCIAL USES; 2) KMC 14.25.045 BY PROVIDING THAT PROPERTY ADJACENT TO RESIDENTIAL ZONES SHOULD PROVIDE INGRESS AND EGRESS TO ROUTE TRAFFIC AWAY FROM RESIDENTIAL STREETS AND PROVIDING THAT SOME DEVELOPMENTS MAY BE REQUIRED TO PROVIDE FRONTAL ROADS; AND 3) KMC 14.25.070 BY PROVIDING A MECHANISM TO APPLY FOR VARIANCES. WHEREAS, the City of Kenai has adopted landscape /site plan regulations in KMC 14.25; and, WHEREAS, in order to provide a better buffer between residential and commercial development within the City of Kenai, screening should be required as a shield between residential and commercial areas; and, WHEREAS, commercial development adjacent to residential zones should be designed to provide that traffic is routed away from residential streets; and, WHEREAS, some commercial development should be required to provide frontage roads in order to provide for safer and more efficient traffic flow; and, WHEREAS, KMC 14.25 should provide a mechanism for a developer to apply for a variance from the landscape /site regulations. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the City of Kenai Code of Ordinances is hereby amended as shown in Attachment A. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 15th day of July, 2009. ATTEST: Carol L. Freas, City Clerk PAT PORTER, MAYOR New Text Underlined [DELETED TEXT BRACKETED] Introduced: July 1, 2009 Adopted: July 15, 2009 Effective: August 15, 2009 Ordinance No. 2421 -2009 Attachment "A" Page 1 of 3 Section 1 14.25.040 Landscaping plan— Performance criteria. Intent. Landscaping required under this section is intended to enhance the community environment and visual character and to provide attractive and functional separation to provide visual and sound screening barriers between uses. (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 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 /buffers that meet all of the following minimum standards: 1. Landscaping Beds. Minimum [OF TEN FEET (10')] in width equal to the setback along all property lines, which adjoin residential zones, exclusive of driveways and other ingress and egress openings. [A SIX -FOOT (6') HIGH WOOD FENCE OR MASONRY WALL MAY BE USED IN PLACE OF FIVE FEET (5') OF THE REQUIRED BED WIDTH.] 2. Screening. Developers are encouraged to maintain natural screening when existing screening meets the intent of this chapter to shield between residential and commercial uses. When natural screening does not exist or is lost due to weather or disease, the following requirements must be used to meet the intent of this chapter: a. Combination of shrubbery and trees, and /or b. Fencing a. A six -foot (6') high wood fence or masonry wall fence shall be required only to meet screening of the developed portion of the property. Sections of the fence must be no longer than twenty -five- feet (25' Sections must be off -set a minimum of four -feet (4') so as not to impede the movement of wildlife. 3.[2.] Ground 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. L[3.] Trees and /or shrubs appropriate for the climate shall be included in the landscaping beds. Ordinance No. 2421 -2009 Attachment "A" Page 2 of 3 (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. 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. (I) Review. The Administrative Official may consider plans for amendments if problems arise in carrying out the landscaping /site plan as originally approved. Section II 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. Ordinance No. 2421 -2009 Attachment "A" Page 3 of 3 (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 ($100,000.00) or more for new construction, or any improvements which adds square footage valued at one hundred thousand dollars ($100,000.00) 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. (I) Dumpsters. Dumpsters must be screened with a sight- obscuring structure made of wood or concrete. The Administrative Official may approve other construction materials. (g) Access. Properties adjacent to residential zones should provide ingress and egress to ensure commercial traffic is routed away from residential streets. Access should be from an arterial street. Developments may be required to develop frontage roads and are encouraged to consolidate existing access points. Section ,III 14.25.070 Modifications Variances. (a) 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. (b) If the Administrative Official refuses to grant modifications to the provisions of this chapter, an applicant may apply for a variance from the requirements of this chapter using the process and standards set out in KMC 14.20.180. the city of KENAI. ALASKA A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, RECOMMENDING TO THE COUNCIL THAT THE FOLLOWING SECTIONS OF KENAI MUNICIPAL CODE BE AMENDED: 1) KMC 14.25.040(b) BY REQUIRING SCREENING BETWEEN RESIDENTIAL AND COMMERCIAL USES; 2) KMC 14.25.045 BY PROVIDING THAT PROPERTY ADJACENT TO RESIDENTIAL ZONES SHOULD PROVIDE INGRESS AND EGRESS TO ROUTE TRAFFIC AWAY FROM RESIDENTIAL STREETS AND PROVIDING THAT SOME DEVELOPMENTS MAY BE REQUIRED TO PROVIDE FRONTAL ROADS; AND 3) KMC 14.25.070 BY PROVIDING A MECHANISM TO APPLY FOR VARIANCES. WHEREAS, the City of Kenai has adopted landscape /site plan regulations in KMC 14.25; and, WHEREAS, in order to provide a better buffer between residential and commercial development within the City of Kenai, screening should be required as a shield between residential and commercial areas; and, WHEREAS, commercial development adjacent to residential zone should be designed to provide that traffic is routed away from residential streets; and, WHEREAS, some commercial development should be required to provide frontage roads in order to provide for safer and more efficient traffic flow; and, WHEREAS, KMC 14.25 should provide a mechanism for a developer to apply for a variance from the landscape /site regulations. NOW, THEREFORE, IT IS RECOMMENDED THE COUNCIL OF THE CITY OF KENAI, ALASKA, amend Kenai Code of Ordinances as shown in Exhibit "A." PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, this 24th day of June 2009. New text underlined CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZO9 -19 CHAIRMAN [DELETED TEXT BRACKETED AND ALL CAPS] Substitute Section 1 14.25.040 Landscaping plan Performance criteria. Intent. Landscaping required under this section is intended to enhance the community environment and visual character and to provide attractive and functional separation to provide visual and sound screening barriers between uses. (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 must be included as components of the overall landscaping plan. (b) Perimeter /Buffer Landscaping. Perimeter/buffer landscaping involves the land areas adjacent to the tot 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/buffers that meet all of the following minimum standards: 1. Landscaping Beds. Minimum [OF TEN FEET (10')] in width equal to the setback along all property lines, which adjoin residential zones, exclusive of driveways and other ingress and egress openings. [A SIX -FOOT (6') HIGH WOOD FENCE OR MASONRY WALL MAY BE USED IN PLACE OF FIVE FEET (5') OF THE REQUIRED BED WIDTH.] 2. Screening. Developers are encouraged to maintain natural screening when existing screening meets the intent of this chapter to shield between residential and commercial uses. When natural screening does not exist or is lost due to weather or disease, the following requirements must be used to meet the intent of this chapter: a. Combination of shrubbery and trees, and /or b. Fencing a. A six -foot (6') high wood fence or masonry wall fence shall be required only to meet screening of the developed portion of the property. Sections of the fence must be no longer than twenty -five- feet (25'). Sections must be off -set a minimum of four -feet (4') so as not to impede the movement of wildlife. 3.[2.] Ground 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. PZ09 -19 Substitute Attachment "A" Page 1 of 3 4.[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. 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. PZ09 -19 Substitute Attachment "A" Page 2 of 3 Section II (e) 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 pennit valued at one hundred thousand dollars ($100,000.00) or more for new construction, or any improvements which adds square footage valued at one hundred thousand dollars ($100,000.00) 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 he compatible with the surrounding area. (f) Dumpsters. Dumpsters must be screened with a sight- obscuring structure made of wood or concrete. The Administrative Official may approve other construction materials. ig) Access. Properties adjacent to residential zones should provide ingress and egress to ensure commercial traffic is routed away from residential streets. Access should be from an arterial street. Developments may be required to develop frontage roads and are encouraged to consolidate existing access points. 14.25.070 Modifications Variances. Section III (a) 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. (b) If the Administrative Official refuses to grant modifications to the provisions of this chapter. an applicant may apply for a variance from the requirements of this chapter using the process and standards set out in KMC 14.20.180. PZ09 -19 Substitute Attachment "A" Page 3 of 3 then of KEN IALASKA MEMO: "Village with a Past, Ci y with a Future 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 283 -7535 FAX: 907 283 -3014 Mill 1992 TO: Rick Koch, City Manager FROM: Marilyn Kebschull, Planning Administration DATE: July 7, 2009 SUBJECT: Ordinance No. 2421 -2009 Amending KMC 14.25 This ordinance proposes to amend the landscape /site plan regulations and is the result of comments received when reviewing the Limited Commercial rezone along the Kenai Spur Highway. Residents were concerned that the existing ordinance did not provide adequate buffer between residential and commercial uses, that commercial uses could increase traffic in residential neighborhoods, and that the code does not provide an avenue for variances from the regulations. The Planning and Zoning Commission began discussions on the proposed ordinance in April. Work sessions were held in May and June and modifications were made to the original draft ordinance. During the work sessions, it was agreed that the goal should be to maintain as much natural vegetation as possible to provide for separation of uses. The Commission added an intent section to Chapter 14.25 specifying the intent is to provide for attractive and functional separation. And, a section that states developers are encouraged to maintain natural screening. If the natural buffer does not exist, the amendment provides options for a combination of fencing, trees, and shrubbery to provide the attractive and functional separation between uses, not between properties. The section on access states "Properties adjacent to residential zones should provide ingress and egress to ensure commercial traffic is routed away from residential streets." It was recognized that this section would generally only apply when properties abutting highways or arterial streets are subdivided. Last, the Commission wanted to clarify that a developer must request a modification to the chapter requirements before being able to apply for a variance.