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HomeMy WebLinkAboutOrdinance No. 2434-2009rho KENAI. AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KMC14.25 (LANDSCAPING /SITE PLAN REGULATIONS) BY AMENDING KMC 14.25.020 (APPLICATION) AND ENACTING A NEW SECTION KMC 14.25.025 (RETENTION BASINS) TO PROVIDE LANDSCAPING AND SITE PLAN REQUIREMENTS FOR THE DEVELOPMENT OF RETENTION BASINS. WHEREAS, Kenai Municipal Code 14.25 sets forth the landscaping requirements for certain types of development within the City of Kenai; and, WHEREAS, not all retention basins are included in the current landscaping and site plan requirements; and, WHEREAS, inclusion of retention basins within the City of Kenai requirements for landscape and site plans under KMC 14.25 would be beneficial to the aesthetic development of the City of Kenai; and, WHEREAS, it is in the best interest of the citizens of the City of Kenai to amend KMC 14.25.020 and enact a new section KMC 14.25.025 to include requirements for all retention basins to submit landscape and site plans. 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 by adding a new section Kenai Municipal Code 14.25.025 and amending Kenai Municipal Code 14.25.020 as shown on Exhibit "A." PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this second day of September, 2009. ATTEST: Carol L. Freas, City Clerk Suggested by: Planning and Zoning Commission CITY OF KENAI ORDINANCE NO. 2434 -2009 PAT POR R, MAYOR New Text Underlined; [DELETED TEXT BRACKETED] Introduced: August 19, 2009 Adopted: September 2, 2009 Effective: October 2, 2009 Exhibit "A" Ordinance No. 2434 -2009 Page 1 of 1 14.25.020 Application. This chapter shall apply to all retention basins and 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" shall be defined as any improvements requiring a building permit for new construction or any improvements of twenty thousand dollars (520,000.00) 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 a landscape /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). 14.25.025 Retention Basins (1) Development of retention basins (retention ponds) in any zone requires submittal of a landscape site plan. Applications must include the following: Lai Copies of the design prepared by an engineer licensed in the State of Alaska under AS 08.48. fb) Approval by the State of Alaska, Department of Environmental Conservation for the project. Ic) The site around the retention basin must be adequately fenced (six foot minimum) in order to protect access and provide safety. (d) The area around the fence must be landscaped to provide screening of the site. The landscaping should include shrubs, bushes, trees and ground cover to provide screening (2) Retention basins in existence at the time of this ordinance are not considered non conforming and must comply with the requirements of this chapter within one year of the effective date of this ordinance. the rtty a/ KENAI, ALASKA A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, RECOMMENDING THAT KMC 14.25 (LANDSCAPING /SITE PLAN REGULATIONS) KMC 14.25.020 (APPLICATION) BE AMENDED AND RECOMMENDING A NEW SECTION KMC 14.25.025 (RETENTION BASINS) TO PROVIDE LANDSCAPING AND SITE PLAN REQUIREMENTS FOR THE DEVELOPMENT OF RETENTION BASINS BE ENACTED. WHEREAS, Kenai Municipal Code 14.25 sets forth the landscaping requirements for certain types of development within the City of Kenai; and, WHEREAS, not all retention basins are included in the current landscaping and site plan requirements; and, WHEREAS, inclusion of retention basins within the City of Kenai requirements for landscape and site plans under KMC 14.25 would be beneficial to the aesthetic development of the City of Kenai; and, WHEREAS, it is in the best interest of the citizens of the City of Kenai to amend KMC 14.25.020 and enact a new section KMC 14.25.025 to include requirements for all retention basins to submit landscape and site plans. NOW, THEREFORE, IT IS RECOMMENDED THE COUNCIL OF THE CITY OF KENAI, ALASKA, amend Kenai Code of Ordinances by adding a new section Kenai Municipal Code 14.25.025 and amending Kenai Municipal Code 14.25.020 as shown on Exhibit PASSED BY THE PLANNING AND ZONING COMMISSION OF HE CITY OF KENAI, ALASKA, this 12th day of August 2009. j dad( New text underlined CITY OF KENAI PLANNING AND ZONING COMMIISSION RESOLUTION NO. PZ09 -39 CHAIRMAN [DELETED TEXT BRACKETED AND ALL CAPS] Attachment "A" Resolution PZ09 -39 Page 1 of 1 14.25.020 Application. This chapter shall apply to all retention basins and 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" 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 a landscape /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 pen nit 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). 14.25.025 Retention Basins (1) Development of retention basins (retention ponds) in any zone requires submittal of a landscape site plan. Applications must include the following: (a) Copies of the design prepared by an engineer licensed in the State of Alaska under AS 08.48. L) Approval by the State of Alaska, Department of Environmental Conservation for the project. k) The site around the retention basin must be adequately fenced in order to protect access and provide safety. (d) The area around the fence must be landscaped to provide screening of the site. The landscaping should include shrubs, bushes, trees and ground cover to provide screening. (2) Retention basins in existence at the time of this ordinance are not considered non- confoi ming and must comply with the requirements of this chapter within one year of the effective date of this ordinance.