Mayor Gabriel Council Membe
Sponsored by: Mayor Gabriel Council Member Molloy
CITY OF KENAI ORDINANCE NO. 2993 - 2017 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KENAI MUNICIPAL CODE CHAPTER 14.25-LANDSCAPING/SITE PLAN REGULATIONS, TO REQUIRE LANDSCAPING AND SITE PLANS FOR ALL RETENTION BASINS, COMMERCIAL, INDUSTRIAL AND MULTIFAMILY DEVELOPMENT AND LAND CLEARING IN CERTAIN ZONES IN THE CITY AND MAKING OTHER MATERIAL AND HOUSEKEEPING CHANGES. WHEREAS, Kenai Municipal Code Chapter 14.25-Landscaping/Site Plan Regulations, regulates landscaping and site plan requirements in the City; and, WHEREAS, landscaping plans provide for landscaping and/or the retention of natural vegetation and buffers in conjunction with commercial, industrial and multifamily development, to enhance the community environment and visual character, and to provide attractive and functional separation, providing visual and sound screening barriers or buffers between uses, and reducing erosion and storm runoff; and, WHEREAS, site plans provide for orderly and safe development of the City commensurate with protecting the health, safety and welfare of its citizens, and support the establishment of adequate and convenient open spaces, light and air, in order to avoid congestion of commercial and industrial areas; and, WHEREAS, review and update of the City’s landscaping and site plan ordinance was included in Goal 1: Quality of Life, Goal 2: Economic Development, and Goal 3: Land Use, in the City’s Comprehensive Plan Update 2016; and, WHEREAS, on March 1, 2017, a draft Ordinance was presented to the City Council with proposed amendments to update Code in order to ensure that landscaping and site plans are approved prior to land clearing even when no building permit is requested or required, in order to prohibit land clearing in a manner that conflicts with the purpose and intent of landscaping and site plans; and, WHEREAS, the draft Ordinance was reviewed by the Planning and Zoning Commission on March 29, 2017, the Airport Commission on June 8, 2017, the Harbor Commission on July 10, 2017 and by a joint meeting of the Parks and Recreation Commission and Beautification Committee on July 11, 2017; and, WHEREAS, during the commission and committee review process, on May 17, 2017, Council Members Knackstedt and Glendening introduced Ordinance No. 2960-2017 to prohibit land clearing of more than 20 percent of vegetation on a lot without an approved Landscaping/Site Plan, which ordinance was enacted by Council on June 7, 2017; and, WHEREAS, the sponsors of Ordinance No. 2960-2017 provided that the intent of the Ordinance was not to take the place of the proposed update ordinance being reviewed by the City’s various _____________________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED]
Ordinance No. 2993-2017 Page 2 of 7 commissions and committees, but to be complementary to it, to prohibit indiscriminate land clearing during the 2017 construction season; and, WHEREAS, several recommendations of the City’s committees and commissions are incorporated into this Ordinance, including special provisions for Airport Light Industrial zoned properties and discouragement of the use of invasive species in planting; and, WHEREAS, the current Ordinance is an update to Code that is more comprehensive than the previously adopted Ordinance No. 2960-2017 in that it addresses performance criteria for Landscaping/Site Plans in addition to requiring an approved Landscaping/ Site Plan before land clearing where applicable, and makes other housekeeping amendments in order to reduce redundancy and improve clarity in in KMC Chapter 14.25; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Section 1.
Form: That this is a code ordinance.
Section 2. Amendment of Section 14.25.010 of the Kenai Municipal Code: That Kenai Municipal Code, Section 14.25.010 - Intent, is hereby amended as follows: 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 to support the establishment of adequate and convenient open spaces, light and air, in order to avoid congestion of commercial and industrial areas with residential zones. (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 to enhance the community environment and visual character and to provide attractive and functional separation between uses [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 (4) OR MORE FAMILY DWELLING.] Section 3. Deletion of Section 14.25.015 of the Kenai Municipal Code: That Kenai Municipal Code, Section 14.25.015 – Landscaping /Site Plan for Land Clearing, is hereby deleted as follows: [14.25.015 LANDSCAPING/SITE PLAN FOR 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 LAND CLEARING AND/OR TREE CUTTING WILL RESULT IN REMOVAL OF MORE THAN TWENTY PERCENT OF THE LOT’S EXISTING TREES, SHRUBS, OR NATURAL VEGETATION COVER AS DETERMINED BY THE ADMINISTRATIVE OFFICIAL.] ____________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED]
Ordinance No. 2993-2017 Page 3 of 7 Section 4. Amendment of Section 14.25.020 of the Kenai Municipal Code: That Kenai Municipal Code, Section 14.25.020 – Application, is hereby Amended as follows: 14.25.020 Application. Approved Landscaping and Site Plans are required for the following: [THIS CHAPTER SHALL APPLY TO] (a)
All retention basins, [AND]
(b)
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 LAND CLEARING AND/OR TREE CUTTING RESULTING IN REMOVAL OF MORE THAN TWENTY PERCENT OF THE LOT’S EXISTING TREES< SHRUBS< OR NATURAL VEGETATION COVER AS DETERMINED BY THE ADMINISTRATIVE OFFICIAL OR 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.]
(c)
Land clearing.
(d)
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).
Section 5. Amendment of Section 14.25.030 of the Kenai Municipal Code: That Kenai Municipal Code, Section 14.25.030 – Landscaping/Site Plan - Submittal requirements, is hereby amended as follows: 14.25.030- Landscaping/[S]Site [P]Plan-Submittal [R]Requirements. One copy of the landscaping/site plan (eleven inches (11″) by seventeen inches (17″) 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 ____________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED]
Ordinance No. 2993-2017 Page 4 of 7 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;
(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 restrict development or drainage (j) When Storm Water Pollution Prevention Plans (SWPPP) are required, a copy of the Plan shall be provided to the City Planner prior to clearing activity. Section 6. Amendment of Section 14.25.040 of the Kenai Municipal Code: That Kenai Municipal Code, Section 14.25.040 – Landscaping Plan - Performance Criteria, is hereby amended as follows: 14.25.040 Landscaping [P]Plan—Performance [C]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 amounts will provide the best results. Perimeter, interior, street right-ofway, 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 in width equal to the setback along all property lines, which adjoin residential zones, exclusive of driveways and other ingress and egress openings.
____________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED]
Ordinance No. 2993-2017 Page 5 of 7 (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 six-foot (6′) high wood fence, [OR] masonry wall fence or other fence material of similar screening and structural character 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) 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. (4) Trees and/or shrubs appropriate for the climate shall be included in the landscaping beds. All trees, shrubs or other vegetation in the required landscaping must be of a stock rated as hardy for the United States Department of Agriculture Climatic Zone 3. It is not the intent to require specific species, however, property owners are encouraged to understand local climate conditions. Property owners are discouraged from planting invasive species as defined by the Alaska Cooperative Extension Service. Property owners are encouraged to contact the Alaska Cooperative Extension Service for a list of plant species which are appropriate for Climate Zone 3. In all cases the materials shall be living and free of defects and of normal health, height and spread as defined by the American Standard for Nursery Stock, ANSU Z 60.1, latest available edition, American Nursery and Landscaping Association. (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-ofway, 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-ofway, the Administrative Officer may approve alternatives, which meet the intent of this section but protect landscaping from winter maintenance damage.
____________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED]
Ordinance No. 2993-2017 Page 6 of 7 (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. Section 7. Amendment of Section 14.25.080 of the Kenai Municipal Code: That Kenai Municipal Code, Section 14.25.080 – Expiration, is hereby amended as follows: 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 may be revoked by the Administrative Official after providing at least thirty (30) days’ notice unless extended for good cause. Section 8. Amendment of Section 14.25.090 of the Kenai Municipal Code: That Kenai Municipal Code, Section 14.25.090 – Penalties, is hereby amended as follows: 14.25.090 Prohibited Acts and Penalties. No person may conduct land clearing, cut trees, construct, erect or maintain any structure, building, fence or improvement, including 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. Penalties for noncompliance with this chapter shall be as set forth by KMC 14.20.260. Section 9. Amendment of Section 14.25.015 of the Kenai Municipal Code: That Kenai Municipal Code, Section 14.25.100 – Landscaping, is hereby amended and renamed as follows: 14.25.100 Definition [—LANDSCAPING]. (a) “Land clearing” for purposes of this chapter means land clearing and/or tree cutting resulting in removal of more than twenty percent (20%) of the trees, shrubs, or natural vegetative cover on properties within the Central Commercial (CC), Central Mixed Use (CMU), General Commercial (CG), Limited Commercial (CL), Heavy Industrial (IH), Townsite Historic (TSH), Light Industrial (IL), and Education (ED) zoning districts, except for purposes of construction of single to three family dwellings. Removal of an obstruction for purposes of a survey is not, “Land clearing.” (b) “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.
____________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED]
Ordinance No. 2993-2017 Page 7 of 7 (c) “Commercial, industrial and multifamily development” for purposes of this Chapter means any commercial or industrial 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), Central Mixed Use (CMU), 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). (d) “Multifamily development” for purposes of this Chapter means a four (4) or more family dwelling. Section 10. Severability: That if any part or provision of this ordinance or application thereof to any person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision, or application directly involved in all controversy in which this judgment shall have been rendered, and shall not affect or impair the validity of the remainder of this title or application thereof to other persons or circumstances. The City Council hereby declares that it would have enacted the remainder of this ordinance even without such part, provision, or application. Section 11. Effective Date: That pursuant to KMC 1.15.070(f), this ordinance shall take effect 30 days after adoption. ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 21st day of February, 2018.
___________________________________ BRIAN GABRIEL, MAYOR ATTEST: ___________________________________ Jamie Heinz, City Clerk Introduced: December 6, 2017 Public Hearing: January 3, 2018 Postponed to: February 7, 2018 Postponed as amended to: February 21, 2018 Effective: March 23, 2018
____________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED]
rl!/ffate
«1/th a Po.if~ Ct'tf «1/th a Fat~ "
210 Fidalgo Ave, Kenai, Alaska 99611-7794 Telephone: (907) 283-7535 I Fax: (907) 283-3014 www.kenai.city
MEMORANDUM TO:
Mayor Brian Gabriel and Kenai City Council
FROM:
City Attorney, Scott M. Bloom !
DATE:
November 30, 2017
SUBJECT:
Ordinance No. 2993-2017
6
This memorandum provides a sectional analysis of the changes proposed in Ordinance 29932017. 1. 14.25.010-lntent, is amended in subsection (b) to provide that the intent of landscape plans is to enhance the community environment and visual character and to provide attractive and functional separation, providing visual and sound screening barriers or buffers between uses and reduce erosion and storm runoff. Th is intent language replaces the following: "the general purpose of landscaping is to visually enhance the city's appearance, provide attractive and functional separation and screening between uses." Subsection (c) is deleted, as the definition of "multi-family" is newly included in the definitions section (14.25.100). 2. 14.25.015-Landscaping/ Site Plan for Land Clearing, is deleted in its entirety. Rather than requiring a landscape/ site plan for clearing that removes more than 20 percent of the natural vegetation, the proposed ordinance requires a land scape/ site plan for all land clearing within certain zones for commercial , industrial and multifamily development as provided in 14.25.020 and the definitions section. 3. 14.25.020-Application, is amended to require a landscape/ site plan for all retention basins, commercial and multi-family development, and land clearing within certain zones as provided in the definitions section (except for residential development of a th ree famil y dwelling or less). 4. 14.25.030-Landscaping/ Site Plan-Submittal Requirements, is amended by adding subjection U) which requires submittal of a Storm Water Pollution Prevention Plan to the Planning Department when such a plan is required by the Alaska Department of Environmental Conservation. 5. 14.25.040-Landscaping Plan-Performance Criteria, is amended to delete the intent language which is previously covered in 14.25.010. Subsection (b)(2)( B) is amended to allow for greater diversity in fencing materials other than wood or masonry. Subsection(b)(4) is amended to specify that planted trees and shrubs in landscaping beds must be a stock rated as hardy for the United States Department of Agriculture Climatic Zone 3 as well as meet other specific criteria as defined in the American Standard for Nursery Stock, ANSU Z 60.1, latest available edition, American
Page 2 of 2 Subject
6.
7.
8.
9.
Nursery and Landscaping Association. Changes also include encouraging contact with the Alaska Cooperative Extension Service and discouraging the planting of invasive species. 14.25.080-Expiration, is amended to require that the project be started in one year from approval of a landscape/ site plan, as opposed to "construction" of the project because land clearing itself requires the plans, but does not necessarily entail any "construction. " 14.25.085- Airport Light Industrial, is a newly enacted section to specific that plans are only required in the ALI Zone on parcels that the public has access to and are not required on portions of lots containing runway or apron space. This section further specifies that FAA requirements and regulations , the Airport Master Plan and Airport Layout Plan take precedent over any landscape/ site plan requirements. 14.20.090-Penalties, is amended to define the prohibited conduct, i.e. land clearing or construction without or not in compliance with an approved plan, but does not change the existing penalty provisions for the chapter which refer back to the enforcement procedures and penalties in the City's Zoning Code, Chapter 14.20. 14.25.1 00-Definitons, is amended by changing the title from "Landscaping" to "Definitions. " A new definition of "land clearing" is added. This new definition defines land clearing as tree cutting or removal of trees and other established vegetation, other than cutting of dead trees for firewood or fire protection within the Central Commercial (CC), Central Mixed Use (CMU), General Commercial (CG), Limited Commercial (CL), Heavy Industrial (IH), Townsite Historic (TSH), Light Industrial (IL), Airport Light Industrial (ALI) and Education (ED) zoning districts, except for purposes of construction of three family or less dwellings. By virtue of this definition and prior amendments in the ordinance, all land clearing is prohibited without first obtaining a landscape/ site plan. A definition of "Commercial, industrial and multifamily development" is also added to the definitions. Commercial and industrial development is defined as improvements requiring a building permit for new construction or any improvements of twenty thousand dollars ($20,000.00) or more, which adds square footage in the Central Commercial (CC), Central Mixed Use (CMU), General Commercial (CG), Limited Commercial (CL), Heavy Industrial (IH), Townsite Historic (TSH), Light Industrial (IL), Airport Light Industrial (ALI ) and Education (ED) zoning districts. Multifamily dwellings in all zones, defined as a four or more family dwelling require plans, as well as changes of use as required in KMC 14.25.250(a).
"Vtl/a3e with a Past, City with aFuture" 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: 907-283-7535 /FAX: 907-283-3014 www.kenai.city
MEMORANDUM TO: FROM: DATE:
Council Members Boyle, Glendening, Knackstedt, Navarre, Pettey, & Student Representative Gilman Mayor Gabriel & Council Member Molloy November 28, 2017
SUBJECT: Ordinance No. 2993-2017, Landscaping/Site Plan Regulations
Amending
KMC
Chapter
14.25
Review and update of the City's landscaping and site plan ordinance was included in the City's Comprehensive Plan Update 2016, in Goal 1: Quality of Life, Goal 2: Economic Development, and Goal 3: Land Use. This review and update began as a draft ordinance that Council referred to the Planning & Zoning Commission and Airport Commission for review and recommendations. The draft ordinance was also referred to the Harbor Commission, Parks & Recreation Commission and the Beautification Committee. During the Commissions-Committee review process, Council enacted Ordinance No. 2960-2017 on June 7, 2017 (sponsored by Council Members Glendening and Knackstedt). That ordinance amended KMC 14.25.020 Application to prohibit land clearing of more than 20 percent of the lot's existing trees, shrubs, or natural vegetation cover without there first being an approved Landscaping/ Site Plan, even when a building pennit is not required for development. This ordinance further amends KMC 14.25.020 Application, to prohibit all land clearing of the lot' s existing trees, shrubs, or natural vegetation cover without there first being an approved Landscaping/ Site Plan. The City Planner's memo dated 9/27/17, summarizing the comments/recommendations of the Commissions and Committee, and presenting the City Planner's recommendations, is included in this packet. Regarding that memo, we included in this proposed ordinance some, but not all, of the recommendations from the process of the Commissions-Committee review. We did include in this ordinance the following reconm1endations: (1)
(2)
Limit landscaping and landscaping/site plans on lots zoned Airport Light Industrial (ALI) to areas on the lots that the public has access to (parking lots, driveways, sidewalks, etc.), and not require landscaping or site plans on runway or apron portions oflots; Incorporate language that prohibits or discourages planting of invasive species defined by the Alaska Cooperative Extension Service.
2
(3) (4) (5)
Add language on hardiness of species for planting; Incorporate language that allows some flexibility on type of fencing other than six-foot (6') high wood fence or a masonry wall fence; Add Central Mixed Use zoning district.
We did not include in this ordinance the following recommendations; (1) (2) (3) (4) (5) (6) (7) (8)
Include lighting requirements similar to ALI; Include Residential Zoning; Include requirements for fire protection around homes and businesses; Incorporate language that promotes fire protection in the wildland/urban interface as encouraged by the Firewise Communities/USA program; Incorporate language that requires residential application for Spec Home development; Add residential development for new single-family and multi-family development; Add residential development as a definition; Completely exempt Airport Light Industrial Zone.
Central Mixed Use and Airport Light Industrial Zones are proposed to be added to the scope of coverage, but not any residential zones, (although multifamily development - regardless of zone is included in the scope of coverage, as it has been ever since the original ordinance was enacted in 2006). Special provisions were added in order to address the Commissions-Committee's recommendations on the ALI Zone, in proposed new code section KMC 14.25.085 Airport Light Industrial. The City Attorney's updated memo, presenting a sectional analysis of each of the sponsors' recommended changes to KMC Chapter 14.25, is included in this packet, so that memo presents the specifics of all recommended changes. We respectfully request Council 's support of this ordinance.
'Vtfl'~ «1/t/r, a Pa~~
Ot'tj «1/t/r, a !"at~
11
210 Fidalgo Ave, Kenai, Alaska 99611-7794 Telephone: (907) 283-75351 Fax: (907) 283-3014 www.kenai.city
TO:
Mayor Brian Gabriel and Council Member Molloy
FROM:
Matt Kelley, City Planner
DATE:
September 27, 2017
SUBJECT:
Ordinance Amending Landscaping and Site Plan Regulations
At their meeting of March 1, 2017, the City Council referred a draft Ordinance amending Landscaping and Site Plan Regulations to the Planning & Zoning Commission and Airport Commission. Staff held a Work Session with the Planning & Zoning Commission on March 29, 2017 to discuss the proposed Ordinance and received the following comments I recommendations: a. Review past Ordinances to see if Land Clearing required a Landscape Site Plan and see if it was later removed from the Ordinance by the City Council. b . Look at lighting requirements in Airport Light Industrial Zone and see if they should apply to landscaping on commercial and industrial zoned parcels. c.
Look at Residential Zoning to see if landscaping site plan regulations should apply to new construction. Soldotna has landscaping requirements for new construction in their landscaping ordinance. Look at other communities as well (Palmer, Wasilla , Homer, and Seward).
d . Look at requirements for fire protection around homes and businesses. Talk with Fire Marshal and State of Alaska Division of Forestry and Borough. e. Look at airport and consider having landscaping for new development only apply to areas that the public has access to (parking lots, driveways, sidewalks, etc.) Not require landscaping on the runway or apron portion of lot. f.
Give the draft Ordinance to other Commissions and Committees as informational or discussion item for their comments. (Airport, Parks & Recreation , Beautification, Harbor).
Staff attended the regular meeting of the Airport Commission to discuss the proposed Ordinance and how it would pertain to those parcels , which are zoned Airport Light Industrial (ALI ). Staff discussed with the Commission , that a developer who is constructing new improvements on the Airport, would be required to add landscaping pursuant to the proposed Ordinance.
Page 2 of 3 Ordinance No. 2977-2017 Memorandum
Staff suggested to the Commission, that landscaping on parcels zoned ALI could be limited to only those areas, which are accessible by the public. This would include, but not limited to , parking lots, side yard, walk areas, front areas adjacent to roads, and other similar areas, which the public would have unrestricted, access. In addition, other amendments could include limiting the height of landscaping so than an obstruction to aircraft would not be created. After discussion, the Airport Commission unanimously voted to recommend that the proposed Ordinance amending the Landscaping and Site Plan Regulations exempt the Airport Light Industrial Zone. Staff attended the Harbor Commission meetings of July 10, 2017 and August 7, 2017. Staff discussed the Commission how Landscaping and Site Plans are currently required for parcels zoned both Heavy and Light Industrial. Furthermore, staff discussed that the proposed Ordinance would apply to the clearing of parcels of trees and vegetation with no development plan. After discussions with the Harbor Commission, they voted to recommend that the City Council approve the proposed Ordinance. Staff attended a Special Joint Meeting of the Parks & Recreation Commission and the Beautification Committee to discuss the proposed Ordinance and received the following comments I recommendations: a.
Invasive Species - incorporate language that prohibits or discourages planting of invasive species defined by the Alaska Cooperative Extension Service.
b. Fencing - incorporate language that allows some flexibility on type of fencing other than six-foot (6') high wood fence or a masonry wall fence. c. Fire Safety - incorporate language that promotes fire protection in the wildland/urban interface as encouraged by the Firewise Communities/USA program. d. Spec Homes - incorporate language that requires residential application for Spec Home development. At their Special Joint Meeting, the Parks & Recreation Commission and the Beautification Committee voted to recommend that the City Council approve the proposed Ordinance, with the above recommendations. Staff Recommendations After reviewing the above-discussed recommendations by the Planning & Zoning Commission, Airport Commission, Harbor Commission , Parks & Recreation Commission and Beautification Committee staff would like to offer the following recommendations for possible inclusion into the proposed Ordinance. a. KMC 14.25.040 - Landscaping Plan - Performance Criteria a. Consider adding the following language: Hardiness - Kenai generally lies within the United State Department of Agriculture climatic Zone 3. All trees, shrubs, or other vegetation in the required landscaping shall be of a stock rated as hardy for this Climate Zone.
Page 3 of 3 Ordinance No. 2977-2017 Memorandum
It is not the intent of this title to require the use of individual species; however, property owners are encouraged to understand the local climate and to use plant species to be hardy. Property owners discouraged from planting invasive species as defined by the Alaska Cooperative Extension Service. Property owners are encouraged to contact the Alaska Cooperative Extension Service for a list of plant species which are appropriate to this Climate Zone. In all cases, the plant materials shall be living and free of defects and of normal health, height, and spread as defined by the American Standard for Nursery Stock, ANSI 260.1, latest available edition, American Nursery and Landscaping Association . b. KMC 14.25.020 - Application a. Consider adding residential development for new single-family and multi-family development. c. KMC 14.25.100 - Definition a. Consider adding residential development as definition. b. Consider adding Central Mixed Use zoning District. c. Consider not requiring Landscaping Site Plans for Airport Light Industrial District. Thank you for your consideration.
http://www.qcode.us/codes/kenai/view .php?topic=14-14_20- l 4_2 ...
14.20.065 Airport Light Industrial Zone (ALI).
Kenai Municipal Code
YI>
Pre~ious
,Mext
Main
~arch
f.rint
No Frames
Title 14 PLANNING AND ZONING Chapter 14.20 KENAI ZONING CODE 14.20.065 Airport Light Industrial Zone (ALI).
(a) Intent: The ALI Zone is established to protect the viability of the Kenai Municipal Airport as a significant resource to the community by encouraging compatible land uses, densities and reducing hazards that may endanger the lives and property of the public and aviation users. Industrial and Commercial uses which are usually compatible with aviation users are permitted which have no nuisance effects upon surrounding property, or which may be controlled to prevent nuisance effects upon surrounding property. New residential uses are not permitted in this zone because it is intended that lots classified in the ALI Zone are reserved for aviation-related commercial and industrial uses. (b) Principal Permitted Uses: Necessary Aviation Facilities and as allowed in Kenai Municipal Code Section 14.22.010 - Land Use Table. (c) Conditional Uses: As allowed in Land Use Table and subject to the provisions of this chapter and Kenai Municipal Code Section 14.20.150. (d)
Accessory Uses: As defined (see Definitions).
(e)
Home Occupations: Not Permitted.
(f)
Development Requirements: (1) No use shall be conducted in a manner which is noxious or injurious to nearby properties by reason of the production or emission of dust, smoke, refuse matter, odor, gas fumes, noise, vibration, or similar substances or conditions, provided that the restriction against noise shall not apply to uses located within two thousand (2,000) feet of the airfield runways. (2) No outdoor open storage shall be located closer than twenty-five feet (25') to the adjoining rightof-way of any collector street or main thoroughfare. (3) Wherever an Airport Compatible Use abuts or is separated by an alley or street from a residential zone, the use or building in the ALI Zone shall be screened by a sight-obscuring eight-foot (8') high fence or vegetation of good appearance acceptable to the City of Kenai. (4) No use shall be made of any land that will cause interference with navigational signals or radio communications at the airport or with radio or electronic communications between the airport and aircraft. (5) No use, building or structure shall emit emissions of fly ash, dust, vapor, gases or other forms of emissions that may conflict with any planned operations of the airport or aircraft. (6) All exterior lighting shall be installed in such a manner that will not shine light or allow light glare to exceed the boundaries of the parcel on which it is placed. All exterior lighting shall be positioned so that it is downcast and shielded. These requirements shall not apply to lighting which is installed for the purposes of aiding in aircraft navigation as required and approved by the Federal Aviation Administration. (7) No use shall be permitted that would foster an increase in bird population and thereby increase the likelihood of a bird-impact problem as defined under the most recent Federal Aviation Administration 150/5200 Advisory Circular (AC), "Hazardous Wildlife Attractants on or Near Airports." (8)
l of 2
No structure, device or other object shall be placed or erected that makes it difficult for pilots to
1/31/18 11:06 AM
14.20.065 Airport Light Industrial Zone (ALI).
http://www.qcode.us/codes/kenai/v iew.php?topic= 14-14_20- l 4_2 ...
distinguish between airport lights and other lights, results in glare in the eyes of pilots using the airport, impairs visibility in the vicinity of the airport, or otherwise endangers the landing, taking off or maneuvering of aircraft. (9) Except as necessary and incidental to airport operations, no building, structure or object of natural growth shall be constructed, altered, maintained, or allowed to grow so as to project or otherwise penetrate the airspace surfaces as defined by the Federal Aviation Administration in : Federal Aviation Regulation (FAR) Part 77, "Safe, Efficient Use and Preservation of the Navigable Airspace"; and under the most recent Federal Aviation Administration Order 8260.3, United States Standard for Terminal Instrument Procedures (TERPS) as shown in the City of Kenai Airport Master Plan and on the City of Kenai Airport Layout Plan. ( 10) Construction of any and all buildings, structures, or any obstructions, whether permanent or temporary shall be subject to filing a "Notice of Proposed Construction or Alternation" as required under Title 14, Code of Federal Regulations, Part 77, of the United State Code. ( 11) Other uses or activities determined to be incompatible with aviation and aviation safety as determined by the City Manager the final decision of the City Manager may be appealed to the Board of Adjustment as provided in Kenai Municipal Code 14.20.290. (12) Additional Requirements in Development Requirements Table. (g) Parking Requirements: As required by this chapter and Chapter 21.05 - Airport Administration and Operation. (Ord. 2884-2016)
View the mobi le version.
2of 2
1/31/18 11:06 AM
Sponsored by: Council Member's Knackstedt and Glendening
CITY OF KENAI ORDINANCE NO. 2960-2017 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KENAI MUNICIPAL CODE 14.25.015-LANDSCAPING/SITE PLAN FOR LAND CLEARING, AND KENAI MUNICIPAL CODE 14.25.020-APPLICATION, TO PROHIBIT LAND CLEARING OF MORE THAN TWENTY PERCENT OF A PARCEL WITHOUT AN APPROVED LANDSCAPING/SITE PLAN . WHEREAS , Kenai Municipal Code Chapter 14.25-Landscaping/Site Plan Regulations, regulates landscaping and site plan requirements in the City; and , WHEREAS, landscaping plans provide for landscaping and/or the retention of natural vegetation for commercial, industrial and multifamily development, to enhance the community environment and visual character, and to provide attractive and functional separation, providing visual and sound screening between uses, and reducing erosion and storm runoff; and, WHEREAS, site plans provide for orderly and safe development of the City commensurate with protecting the health, safety and welfare of its citizens, and support the establishment of adequate and convenient open spaces, light and air, in order to avoid congestion of commercial and industrial areas; and, WHEREAS, amendments to KMC Chapter 14.25 are needed to ensure that landscaping and site plans are approved prior to land clearing that will result in removal of more than 20% of existing trees, shrubs or natural vegetation even when no building permit is requested or required, in order to prohibit land clearing in a manner that conflicts with the purpose and intent of landscaping and site plans; and, WHEREAS, while a more comprehensive review of KMC Chapter 14.25 is being conducted by the Planning and Zoning Commission , as well as other City commissions, this Ordinance is needed at this time to prohibit land clearing without a landscape/site plan during this construction season. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Section 1.
Form: That this is a code ordinance.
Section 2. Amendment of Section 14.25.015 of the Kenai Municipal Code: That Kenai Municipal Code, Section 14.25.015 - Landscaping/site plan for land clearing, is hereby amended as follows : 14.25.015 Landscaping/[S]~ite [P]flan for [LJ.band [C]~learing. 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 land clearing and/or tree cutting [REMOVAL] will result in removal of [LESS] more New Text Underlined: !DELETED TEXT BRACKETED)
Ordinance No. *-2017 Page 2 of 2 than [TWENTY-FIVE PERCENT (25%)] twenty percent of the lot~ [AREA HAVING] existing trees, shrubs, or natural vegetation cover as determined by the administrative official.
Section 3. Amendment of Section 14.25.020 of the Kenai Municipal Code: That Kenai Municipal Code, Section 14.25.020 - Application , is hereby amended as follows: 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 land clearing and/or tree cutting resulting in removal of more than twenty percent of the lot's existing trees, shrubs, or natural vegetation cover as determined by the administrative official or 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 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).
Sect ion 4. Severability: That if any part or provision of this ordinance or application thereof to any person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision, or application directly involved in all controversy in which this judgment shall have been rendered, and shall not affect or i·mpair the validity of the remainder of this title or application thereof to other persons or circumstances. The City Council hereby declares that it would have enacted the remainder of this ord inance even without such part, provision, or application. Section 5. Effective Date: That pursuant to KMC 1.15.070(f), this ordinance shall take effect 30 days after adoption. ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 7th day of June, 2017.
,4;-; ~ r.
BRIAN GABRIELSR:MAYOR
Introduced: May 17, 2017 Enacted: June 7, 201 7 Effective: July 7, 2017 New Text Underlined; [DELETED TEXT BRACKETED]
'Vitiate «Jt'th tl PaJ't, the ct"ly of~
Ct~ «Jt'th
fi
ratfl.P'e II
210 Fidalgo Ave, Kenai , Alaska 99611-7794 Telephone : (907) 283-7535 I Fax: (907) 283-3014 www.kenai.city
KENAI, ALASKA
"V'
MEMORANDUM TO:
Mayor Brian Gabriel and Kenai City Council
FROM:
Council Member's Knackstedt & Glendening ~
DATE:
May 17, 2017
SUBJECT:
Kenai Municipal Code 14.25
This Ordinance is introduced to prohibit land clearing and tree cutting, resulting in removal of more than 20% of existing trees, shrubs or natural vegetation on commercial, industrial and multifamily lots. It prohibits land clearing and tree cutting without a landscape/site plan, even when a building permit is not required. It also requires a landscape/site plan when more than 20% of the trees, shrubs or natural vegetation is removed, as opposed to the current code, which allows removal of 75% of the same. A more comprehensive proposed Ordinance regarding KMC Chapter 14.25 sponsored by Mayor Gabriel and Council Member Molloy is currently being reviewed by several of the City's commissions and likely will not be effective this season . This Ordinance is not intended to take the place of the proposed Ordinance currently being worked on. Instead, it is intended as a complimentary solution, to prohibit indiscriminant land clearing and tree cutting that is inconsistent with the intent of KMC Chapter 14.25 this season. As the migratory bird season comes to a close on July 15th, developers may want to conduct activities prior to the more comprehensive Ordinance taking effect. Your consideration of this Ordinance is appreciated.
Sponsored by: Mayor Gabriel Councilmember Molloy
CITY OF KENAI ORDINANCE NO. *-2017
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KENAI MUNICIPAL CODE CHAPTER 14.25-LANDSCAPING/SITE PLAN REGULATIONS, TO REQUIRE LANDSCAPING AND SITE PLANS FOR ALL RETENTION BASINS, COMMERCIAL, INDUSTRIAL AND MULTIFAMILY DEVELOPMENT AND LAND CLEARING IN CERTAIN ZONES IN THE CITY AND MAKING OTHER HOUSEKEEPING CHANGES. WHEREAS, Kenai Municipal Code Chapter 14.25-Landscaping/ Site Plan Regulations, regulates landscaping and site plan requirements in the City; and, WHEREAS, landscaping plans provide for landscaping and/ or th e retention of natural vegetation and buffers in conjunction with commercial, industrial and multifamily development, to enhance the community environment and visual ch aracter, and to provide attractive and functional separation, providing visual and sound screening barriers or buffers between uses, and reducing erosion and storm runoff; and, WHEREAS, site plans provide for orderly and safe development of the City commensurate with protecting the health, safety and welfare of its citizens, and support the establishment of adequate and convenient open spaces, light and air, in order to avoid congestion of commercial and industrial areas; and, WHEREAS, amendments to code are needed to ensure that landscaping and site plans are approved prior to land clearing even when no building permit is requested or required, in order to prohibit land clearing in a manner that conflicts with the purpose and intent of landscaping and s ite plans; and, WHEREAS, other housekeeping amendments are required to reduce redundancy and improve clarity in KMC Chapter 14.25. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Section 1.
Form: That this is a code ordinance.
Section 2. Amendment of Section 14.25.010 of the Kenai Municipal Code: That Kenai Municipal Code, Section 14.25.010 - Intent, is hereby amended as follows: 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
Page 47 of 82
its citizens, and to support the establishment of adequate and convenient open spaces, light and air, in order to avoid congestion of commercial and industrial areas with residential zones. (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 to enhance the commu nity environment and visual character and to provide attractive and functional separation, providing visual and sound screening barriers or buffers between uses [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 (4) OR MORE FAMILY DWELLING.] Section 3 . Deletion of Section 14.25.015 of the Kenai Municipal Code: That Kenai Municipal Code, Section 14.25.015- Landscaping/Site Plan for Land Clearing, is hereby deleted as follows: [14.25.015 LANDSCAPING/ SITE PLAN FOR 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 TWENTY-FIVE PERCENT (25%) OF THE LOT AREA HAVING EXISTING TREES, SHRUBS, OR NATURAL VEGETATION COVER AS DETERMINED BY THE ADMINISTRATIVE OFFICIAL.] Amendment of Section 14.25.020 of the Kenai Municipal Code: That Kenai Municipal Code, Section 14.25.020 - Application, is hereby Amended as follows:
Section 4.
14.25.020 Application.
[THIS]a. Approved Landscaping and Site Plans are required for the following [CHAPTER SHALL APPLY TO L.
illl
All retention basins, [AND]
1.hl
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
Page 48 of 82
DEVELOPMENT IN ANY ZONE; OR (3) A CHANGE OF USE AS REQUIRED IN KMC l 4.20.250(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
1£1
Land clearing. 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) .J Section 5. Amendment of Section 14.25.030 of the Kenai Municipal Code: That Kenai Municipal Code, Section 14.25.030 - Landscaping/site plan - Submittal r equirements, is hereby amended as follows: 14.25.030 Landscaping/[S)§.ite
[P)~lan-Submittal
[R]Requirements.
One copy of the landscaping/ site plan (eleven inches (11 ") by seventeen inches (17") 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;
(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 restrict development or drainage
Page 49 of 82
When Stormwater Pollution Prevention Plans (SWPP) are required, a copy of the Plan shall be provided to the City Planner. (j)
Section 6 . Amendment of Section 14.25.040 of the Kenai Municipal Code: That Kenai Municipal Code, Section 14.25.040 - Landscaping Plan- Performance Criteria, is hereby amended as follows: 14.25.040 Landscaping [P]~lan-Performance [C]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 landsca ping 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 a dj acent to residential zones shall have landscaping beds/buffers that meet all of the following minimum standards: (1) Landsca ping Beds. Minimum in width equal to the setback along all property lines, which adjoin residential zones, exclusive of driveways and other ingress and egress openings. (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 six-foot (6') high wood fence or m asonry wall fence shall be required only to meet scr eening 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 ) Ground Cover. One hundred percent (100%) within three (3) years of planting and continuous maintenance so there will be no exposed soil. Flower b eds m ay be considered ground cover.
Page 50 of 82
(4) 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 str eet 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 p lans for amendments if problems arise in carrying out the landscaping/site plan as originally approved.
Section 7. Amendment of Section 14.25.080 of the Kenai Municipal Code: That Kenai Municipal Code, Section 14.25.080 - Expiration, is hereby amended as follows: 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 may be revoked by the Administrative Official after providing at least thirty (30) days' notice unless extended for good cause. Section 8. Amendment of Section 14.25.090 of the Kenai Municipal Code: That Kenai Municipal Code, Section 14.25.090 - Penalties, is hereby amended as follows: 14.25.090 Penalties.
Page 51of82
No person may cut trees, (other than the cutting of dead trees for firewood or fire protection) 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. Penalties for noncompliance with this chapter shall be as set forth by KMC 14.20.260. Section 9. Amendment of Section 14.25.015 of the Kenai Municipal Code: That Kenai Municipal Code, Section 14.25.100 - Landscaping, is hereby amended and renamed as follows: 14.25.100 Definition [-LANDSCAPING]. (a) "Land clearing" for purposes of this chapter means tree cutting or other means of removal of trees and established vegetation, other than the cutting of dead trees for the purpose of firewood collection or fire protection, on properties within the Central Commercial (CC), General Commercial (CG), Limited Commercial (CL), Heavy Indu strial (IH), Townsite Historic (TSH). Light Industrial (IL), Airport Light Indu strial (ALI) and Education (ED) zoning districts .
.LW.
"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.
(c) "Commercial, industrial and multifamily development" and "all development" for purposes of this Chapter means 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 Indu strial (IH), Townsite Historic (TSH). Light Industrial (IL), Airport Light Industrial (ALI) 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) . (d) "Multifamily development" for purposes of this Chapter means a four (4) or more family dwelling. Section 10. Severability: That if any part or provision of this ordinance or application thereof to any person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision, or application directly involved in all controversy in which this judgment shall have been rendered, and shall not affect or impair the validity of the remainder of this title or application thereof to other persons or circumstances. The City Council hereby declares that it would have enacted the remainder of this ordinance even without such part, provision, or application. Section 11. Effective Date: That pursuant to KMC 1.15.070(f), this ordinance shall take effect 30 days after adoption.
Page 52 of 82
ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this * day of*, 2017 .
BRIAN GABRIEL, MAYOR ATTEST:
Sandra Modigh, City Clerk Introduced: *, 20 17 Enact ed: *, 2017 Effective: *, 20 17
Page 53 of 82
MEMORANDUM TO:
Mayor Brian Gabriel and Kenai City Council
FROM:
Scott Bloom, City Attorney
DATE:
February 15, 2018
SUBJECT: Back up Material for Ordinance No. 2993-2017 ______________________________________________________________________ At the last Council meeting on February 7, 2018 Council asked for additional material to help consider Ordinance No. 2993-2017. Attachment A to this memorandum is Ordinance No. 2993-2017 with amendments made on February 7, 2018 provided in blue. Attachment B is all of Chapter 14.25 as if Ordinance No. 2992-2017 passed as amended on February 7, 2018. In consideration of other amendments proposed by other Council Members as provided in this packet, I have no further recommended amendments to Ordinance 2993-2017.
Attachment A
Sponsored by: Mayor Gabriel Council Member Molloy
CITY OF KENAI ORDINANCE NO. 2993 - 2017 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KENAI MUNICIPAL CODE CHAPTER 14.25-LANDSCAPING/SITE PLAN REGULATIONS, TO REQUIRE LANDSCAPING AND SITE PLANS FOR ALL RETENTION BASINS, COMMERCIAL, INDUSTRIAL AND MULTIFAMILY DEVELOPMENT AND LAND CLEARING IN CERTAIN ZONES IN THE CITY AND MAKING OTHER MATERIAL AND HOUSEKEEPING CHANGES. WHEREAS, Kenai Municipal Code Chapter 14.25-Landscaping/Site Plan Regulations, regulates landscaping and site plan requirements in the City; and, WHEREAS, landscaping plans provide for landscaping and/or the retention of natural vegetation and buffers in conjunction with commercial, industrial and multifamily development, to enhance the community environment and visual character, and to provide attractive and functional separation, providing visual and sound screening barriers or buffers between uses, and reducing erosion and storm runoff; and, WHEREAS, site plans provide for orderly and safe development of the City commensurate with protecting the health, safety and welfare of its citizens, and support the establishment of adequate and convenient open spaces, light and air, in order to avoid congestion of commercial and industrial areas; and, WHEREAS, review and update of the City’s landscaping and site plan ordinance was included in Goal 1: Quality of Life, Goal 2: Economic Development, and Goal 3: Land Use, in the City’s Comprehensive Plan Update 2016; and, WHEREAS, on March 1, 2017, a draft Ordinance was presented to the City Council with proposed amendments to update Code in order to ensure that landscaping and site plans are approved prior to land clearing even when no building permit is requested or required, in order to prohibit land clearing in a manner that conflicts with the purpose and intent of landscaping and site plans; and, WHEREAS, the draft Ordinance was reviewed by the Planning and Zoning Commission on March 29, 2017, the Airport Commission on June 8, 2017, the Harbor Commission on July 10, 2017 and by a joint meeting of the Parks and Recreation Commission and Beautification Committee on July 11, 2017; and, WHEREAS, during the commission and committee review process, on May 17, 2017, Council Members Knackstedt and Glendening introduced Ordinance No. 2960-2017 to prohibit land clearing of more than 20 percent of vegetation on a lot without an approved Landscaping/Site Plan, which ordinance was enacted by Council on June 7, 2017; and, _____________________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED]
Ordinance No. 2993-2017 Page 2 of 8
WHEREAS, the sponsors of Ordinance No. 2960-2017 provided that the intent of the Ordinance was not to take the place of the proposed update ordinance being reviewed by the City’s various commissions and committees, but to be complementary to it, to prohibit indiscriminate land clearing during the 2017 construction season; and, WHEREAS, several recommendations of the City’s committees and commissions are incorporated into this Ordinance, including special provisions for Airport Light Industrial zoned properties and discouragement of the use of invasive species in planting; and, WHEREAS, the current Ordinance is an update to Code that is more comprehensive than the previously adopted Ordinance No. 2960-2017 in that it addresses performance criteria for Landscaping/Site Plans in addition to requiring an approved Landscaping/ Site Plan before land clearing where applicable, and makes other housekeeping amendments in order to reduce redundancy and improve clarity in in KMC Chapter 14.25; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Section 1.
Form: That this is a code ordinance.
Section 2. Amendment of Section 14.25.010 of the Kenai Municipal Code: That Kenai Municipal Code, Section 14.25.010 - Intent, is hereby amended as follows: 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 to support the establishment of adequate and convenient open spaces, light and air, in order to avoid congestion of commercial and industrial areas with residential zones. (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 to enhance the community environment and visual character and to provide attractive and functional separation, providing screening visual and sound screening barriers or buffers between uses [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 (4) OR MORE FAMILY DWELLING.] Section 3. Deletion of Section 14.25.015 of the Kenai Municipal Code: That Kenai Municipal Code, Section 14.25.015 – Landscaping /Site Plan for Land Clearing, is hereby deleted as follows: [14.25.015 LANDSCAPING/SITE PLAN FOR LAND CLEARING. FOR PROPERTY COVERED UNDER THIS CHAPTER, SUBMITTAL OF A PRELIMINARY LANDSCAPING/SITE PLAN AND APPROVAL BY THE ADMINISTRATIVE ____________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED]
Ordinance No. 2993-2017 Page 3 of 8 OFFICIAL IS REQUIRED PRIOR TO ANY LAND CLEARING AND/OR TREE CUTTING WHERE SUCH LAND CLEARING AND/OR TREE CUTTING WILL RESULT IN REMOVAL OF MORE THAN TWENTY PERCENT OF THE LOT’S EXISTING TREES, SHRUBS, OR NATURAL VEGETATION COVER AS DETERMINED BY THE ADMINISTRATIVE OFFICIAL.] Section 4. Amendment of Section 14.25.020 of the Kenai Municipal Code: That Kenai Municipal Code, Section 14.25.020 – Application, is hereby Amended as follows: 14.25.020 Application. Approved Landscaping and Site Plans are required for the following [THIS CHAPTER SHALL APPLY TO]: (a)
All retention basins, [AND]
(b)
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 LAND CLEARING AND/OR TREE CUTTING RESULTING IN REMOVAL OF MORE THAN TWENTY PERCENT OF THE LOT’S EXISTING TREES< SHRUBS< OR NATURAL VEGETATION COVER AS DETERMINED BY THE ADMINISTRATIVE OFFICIAL OR 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.]
(c)
Land clearing.
(d)
[Pproperties 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 Kkenai mMunicipal cCode 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 KMC 14.20.250(a).]
Section 5. Amendment of Section 14.25.030 of the Kenai Municipal Code: That Kenai Municipal Code, Section 14.25.030 – Landscaping/Site Plan - Submittal requirements, is hereby amended as follows: ____________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED]
Ordinance No. 2993-2017 Page 4 of 8
14.25.030- Landscaping/[S]Site [P]Plan-Submittal [R]Requirements. One copy of the landscaping/site plan (eleven inches (11″) by seventeen inches (17″) 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;
(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 restrict development or drainage (j) When Storm Water Pollution Prevention Plans (SWPPP) are required, a copy of the Plan shall be provided to the City Planner prior to clearing activity. Section 6. Amendment of Section 14.25.040 of the Kenai Municipal Code: That Kenai Municipal Code, Section 14.25.040 – Landscaping Plan - Performance Criteria, is hereby amended as follows: 14.25.040 Landscaping [P]Plan—Performance [C]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 amounts will provide the best results. Perimeter, interior, street right-ofway, 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: ____________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED]
Ordinance No. 2993-2017 Page 5 of 8 (1) Landscaping Beds. Minimum in width equal to the setback along all property lines, which adjoin residential zones, exclusive of driveways and other ingress and egress openings. (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 six-foot (6′) high wood fence, [OR] masonry wall fence or other fence material of similar screening and structural character 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) 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. (4) Trees and/or shrubs appropriate for the climate shall be included in the landscaping beds. All trees, shrubs or other vegetation in the required landscaping must be of a stock rated as hardy for the United States Department of Agriculture Climatic Zone 3. It is not the intent to require specific species, however, property owners are encouraged to understand local climate conditions. Property owners are discouraged from planting invasive species as defined by the Alaska Cooperative Extension Service. Property owners are encouraged to contact the Alaska Cooperative Extension Service for a list of plant species which are appropriate for Climate Zone 3. In all cases the materials shall be living and free of defects and of normal health, height and spread as defined by the American Standard for Nursery Stock, ANSU Z 60.1, latest available edition, American Nursery and Landscaping Association. (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-ofway, 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____________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED]
Ordinance No. 2993-2017 Page 6 of 8 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. Section 7. Amendment of Section 14.25.080 of the Kenai Municipal Code: That Kenai Municipal Code, Section 14.25.080 – Expiration, is hereby amended as follows: 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 may be revoked by the Administrative Official after providing at least thirty (30) days’ notice unless extended for good cause. Section 8. Enactment of Section 14.25.085 of the Kenai Municipal Code: That Kenai Municipal Code, Section 14.25.085 – Airport Light Industrial, is hereby enacted as follows: 14.25.085 Airport Light Industrial On all properties within the Airport Light Industrial Zone (ALI), landscaping and site plan requirements as provided in this Title will only apply to areas on lots that the public has access to, and shall not require landscaping or site plans on runway or apron portions of lots. The Airport Master Plan, Airport Layout Plan and Federal Aviation Administration requirements and regulations (including but not limited to deed restrictions and requirements, aviation easements and grant requirements) shall take precedent over any landscaping or site plan requirement. Section 98. Amendment of Section 14.25.090 of the Kenai Municipal Code: That Kenai Municipal Code, Section 14.25.090 – Penalties, is hereby amended as follows: 14.25.090 Prohibited Acts and Penalties. No person may conduct land clearing, cut trees, (other than the cutting of dead trees for firewood or fire protection) 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. Penalties for noncompliance with this chapter shall be as set forth by KMC 14.20.260. Section 109. Amendment of Section 14.25.015 of the Kenai Municipal Code: That Kenai Municipal Code, Section 14.25.100 – Landscaping, is hereby amended and renamed as follows: ____________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED]
Ordinance No. 2993-2017 Page 7 of 8 14.25.100 Definition [—LANDSCAPING]. (a) “Land clearing” for purposes of this chapter means land clearing and/or tree cutting resulting in removal of more than twenty percent (20%) of the trees, shrubs, or natural vegetative cover or other means of removal of trees and established vegetation, other than the cutting of dead trees for the purpose of firewood collection or fire protection, on properties within the Central Commercial (CC), Central Mixed Use (CMU), General Commercial (CG), Limited Commercial (CL), Heavy Industrial (IH), Townsite Historic (TSH), Light Industrial (IL), Airport Light Industrial (ALI) and Education (ED) zoning districts, except for purposes of construction of single to three family dwellings. Removal of an obstruction for purposes of a survey is not, “Land clearing.” (b) “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. (c) “Commercial, industrial and multifamily development” for purposes of this Chapter means any commercial or industrial 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), Central Mixed Use (CMU), General Commercial (CG), Limited Commercial (CL), Heavy Industrial (IH), Townsite Historic (TSH), Light Industrial (IL), Airport Light Industrial (ALI) 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). (d) “Multifamily development” for purposes of this Chapter means a four (4) or more family dwelling. Section 10. Severability: That if any part or provision of this ordinance or application thereof to any person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision, or application directly involved in all controversy in which this judgment shall have been rendered, and shall not affect or impair the validity of the remainder of this title or application thereof to other persons or circumstances. The City Council hereby declares that it would have enacted the remainder of this ordinance even without such part, provision, or application. Section 11. Effective Date: That pursuant to KMC 1.15.070(f), this ordinance shall take effect 30 days after adoption. ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 7th day of February, 2018. ___________________________________ BRIAN GABRIEL, MAYOR ATTEST: ___________________________________ Jamie Heinz, City Clerk Introduced: December 6, 2017 Public Hearing: January 3, 2018 ____________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED]
Ordinance No. 2993-2017 Page 8 of 8 Postponed to: February 7, 2018 Postponed as amended to: February 21, 2018 Effective: March 239, 2018
____________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED]
Attachment B 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 to support the establishment of adequate and convenient open spaces, light and air, in order to avoid congestion of commercial and industrial areas with residential zones. (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 to enhance the community environment and visual character and to provide attractive and functional separation, providing screening between uses 14.25.020 Application. Approved Landscaping and Site Plans are required for the: (a) All retention basins, (b) Commercial, industrial and multifamily development, (c) Land clearing. (d) 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. (a) Development of retention basins (retention ponds) in any zone requires submittal of a landscape site plan. Applications must include the following: (1) Copies of the design prepared by an engineer licensed in the State of Alaska under AS 08.48; (2) Approval by the State of Alaska, Department of Environmental Conservation for the project; (3) The site around the retention basin must be adequately fenced (six-foot (6′) minimum) in order to protect access and provide safety; and (4) 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. (b) Retention basins in existence at the effective date of the ordinance codified in this section are not considered nonconforming and must comply with the requirements of this chapter within one (1) year of the effective date of the ordinance codified in this section. 14.25.030- Landscaping/Site Plan-Submittal Requirements.
One copy of the landscaping/site plan (eleven inches (11″) by seventeen inches (17″) 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; (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 restrict development or drainage (j) When Storm Water Pollution Prevention Plans (SWPPP) are required, a copy of the Plan shall be provided to the City Planner prior to clearing activity. 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 amounts will provide the best results. Perimeter, interior, street right-ofway, 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 in width equal to the setback along all property lines, which adjoin residential zones, exclusive of driveways and other ingress and egress openings. (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 six-foot (6′) high wood fence, [OR] masonry wall fence or other fence material of similar screening and structural character 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) 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. (4) Trees and/or shrubs appropriate for the climate shall be included in the landscaping beds. All trees, shrubs or other vegetation in the required landscaping must be of a stock rated as hardy for the United States Department of Agriculture Climatic Zone 3. It is not the intent to require specific species, however, property owners are encouraged to understand local climate conditions. Property owners are discouraged from planting invasive species as defined by the Alaska Cooperative Extension Service. Property owners are encouraged to contact the Alaska Cooperative Extension Service for a list of plant species which are appropriate for Climate Zone 3. In all cases the materials shall be living and free of defects and of normal health, height and spread as defined by the American Standard for Nursery Stock, ANSU Z 60.1, latest available edition, American Nursery and Landscaping Association. (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. (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 ($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. (f) 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. 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 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—Landscaping plan. All required landscaping as presented in the approved landscaping plan shall be installed within two (2) years after 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. (a) The required parking lot paving shall be completed within two (2) years after issuance of the certificate of occupancy. 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. 14.25.080 Expiration. If the project has not started within one (1) year of approval of the landscaping/site plan, the approval may be revoked by the Administrative Official after providing at least thirty (30) days’ notice unless extended for good cause. 14.25.090 Prohibited Acts and Penalties. No person may conduct land clearing, construct, erect or maintain any structure, building, fence or improvement, including 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. Penalties for noncompliance with this chapter shall be as set forth by KMC 14.20.260. 14.25.100 Definition. (a) “Land clearing” for purposes of this chapter means land clearing and/or tree cutting resulting in removal of more than twenty percent (20%) of the trees, shrubs, or natural vegetative cover on properties within the Central Commercial (CC), Central Mixed Use (CMU), General Commercial (CG), Limited Commercial (CL), Heavy Industrial (IH), Townsite Historic (TSH), Light Industrial (IL), and Education (ED) zoning districts, except for purposes of construction of single to three family dwellings. Removal of an obstruction for purposes of a survey is not, “Land clearing.” (b) “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. (c) “Commercial, industrial and multifamily development” for purposes of this Chapter means any commercial or industrial 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), Central Mixed Use (CMU), 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). (d) “Multifamily development” for purposes of this Chapter means a four (4) or more family dwelling.
Appendix I
"Vt1/t1-je with a Past City with aFuture" 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: 907-283-7535 /FAX: 907-283-3014 www.kenai.city
TO:
FROM: DATE:
Mayor Gabriel, Council Members Boyle, Knackstedt, Navarre, & Pettey Student Representative Gilman Council Members Glendening & Molloy , / February 14, 2018
Jf.£
SUBJECT: Ordinance No. 2993-2017 as Amended, Amending KMC Chapter 14.25 Landscaping/Site Plan Regulations Amendment of the definition of "land clearing" does not solve the problem presented by the circumstances of clear cutting a property in an industrial or commercial zone which has property lines with adjacent properties zoned in a residential zone, as was the case with the beginning of a clear cut along the property lines of the Timlin's and their neighbors' residential properties. Under Ordinance 2993-2017 as amended, the trigger for the requirement to file a landscape/site plan does not occur until more than 20% of the trees, shrubs, or natural vegetative cover in the commercial property is removed. Therefore, unless the ordinance is amended to require that the industrial or commercial property owner obtain an approved landscape/site plan from the City Planner before begi11lling the removal along property lines where adjacent properties are 1·esidential prope1·ties (except for removal of obstructiolls for pwposes of a survey), the circumstances involving the effects of clear cutting on the Timlins and their neighbors will repeat themselves. An industrial or commercial property owner could clear cut along the property lines adjacent to the residential properties and include the clear cut in the 20% that is allowed before application and approval of a landscape/site plan, unless Council amends the amended ordinance to solve that problem. Attached are three (3) photos to illustrate the effects of clear cutting in the commercial property on the Timlin's residential property viewed from the back of their home: (1) Photo 1 is the view NE from Timlin' s back deck on 10/05/2013; (2) Photo 2 is the view NE from Timlin' s back deck on 5/31/2016; and (3) Photo 3 is the view NE from Timlin's back property line on 5/3112016. Together, Council can fmd a solution to that problem. One idea is presented in the suggested amendment presented on the next page. That idea also includes an amendment to provide that removal of hazardous or invasive species is also not " land clearing." Council 's support of an amendment to the amended ordinance is respectfully requested.
2
Suggested amendment: 14.25.100 Definition [-LANDCSCAPING]. (a) "Land clearing" for purposes of this chapter means: (1) land clearing and/or tree cutting resulting in removal of more than twenty percent (20%) of the trees. shrubs. or natural vegetative cover on properties within the Central Commercial (CC). Central Mixed Use (CMU). General Commercial (CG). Limited Commercial (CL), Heavy Industrial (IH). Townsite Historic
CITY OF KENAI ORDINANCE NO. 2993 - 2017 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KENAI MUNICIPAL CODE CHAPTER 14.25-LANDSCAPING/SITE PLAN REGULATIONS, TO REQUIRE LANDSCAPING AND SITE PLANS FOR ALL RETENTION BASINS, COMMERCIAL, INDUSTRIAL AND MULTIFAMILY DEVELOPMENT AND LAND CLEARING IN CERTAIN ZONES IN THE CITY AND MAKING OTHER MATERIAL AND HOUSEKEEPING CHANGES. WHEREAS, Kenai Municipal Code Chapter 14.25-Landscaping/Site Plan Regulations, regulates landscaping and site plan requirements in the City; and, WHEREAS, landscaping plans provide for landscaping and/or the retention of natural vegetation and buffers in conjunction with commercial, industrial and multifamily development, to enhance the community environment and visual character, and to provide attractive and functional separation, providing visual and sound screening barriers or buffers between uses, and reducing erosion and storm runoff; and, WHEREAS, site plans provide for orderly and safe development of the City commensurate with protecting the health, safety and welfare of its citizens, and support the establishment of adequate and convenient open spaces, light and air, in order to avoid congestion of commercial and industrial areas; and, WHEREAS, review and update of the City’s landscaping and site plan ordinance was included in Goal 1: Quality of Life, Goal 2: Economic Development, and Goal 3: Land Use, in the City’s Comprehensive Plan Update 2016; and, WHEREAS, on March 1, 2017, a draft Ordinance was presented to the City Council with proposed amendments to update Code in order to ensure that landscaping and site plans are approved prior to land clearing even when no building permit is requested or required, in order to prohibit land clearing in a manner that conflicts with the purpose and intent of landscaping and site plans; and, WHEREAS, the draft Ordinance was reviewed by the Planning and Zoning Commission on March 29, 2017, the Airport Commission on June 8, 2017, the Harbor Commission on July 10, 2017 and by a joint meeting of the Parks and Recreation Commission and Beautification Committee on July 11, 2017; and, WHEREAS, during the commission and committee review process, on May 17, 2017, Council Members Knackstedt and Glendening introduced Ordinance No. 2960-2017 to prohibit land clearing of more than 20 percent of vegetation on a lot without an approved Landscaping/Site Plan, which ordinance was enacted by Council on June 7, 2017; and, WHEREAS, the sponsors of Ordinance No. 2960-2017 provided that the intent of the Ordinance was not to take the place of the proposed update ordinance being reviewed by the City’s various _____________________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED]
Ordinance No. 2993-2017 Page 2 of 7 commissions and committees, but to be complementary to it, to prohibit indiscriminate land clearing during the 2017 construction season; and, WHEREAS, several recommendations of the City’s committees and commissions are incorporated into this Ordinance, including special provisions for Airport Light Industrial zoned properties and discouragement of the use of invasive species in planting; and, WHEREAS, the current Ordinance is an update to Code that is more comprehensive than the previously adopted Ordinance No. 2960-2017 in that it addresses performance criteria for Landscaping/Site Plans in addition to requiring an approved Landscaping/ Site Plan before land clearing where applicable, and makes other housekeeping amendments in order to reduce redundancy and improve clarity in in KMC Chapter 14.25; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Section 1.
Form: That this is a code ordinance.
Section 2. Amendment of Section 14.25.010 of the Kenai Municipal Code: That Kenai Municipal Code, Section 14.25.010 - Intent, is hereby amended as follows: 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 to support the establishment of adequate and convenient open spaces, light and air, in order to avoid congestion of commercial and industrial areas with residential zones. (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 to enhance the community environment and visual character and to provide attractive and functional separation between uses [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 (4) OR MORE FAMILY DWELLING.] Section 3. Deletion of Section 14.25.015 of the Kenai Municipal Code: That Kenai Municipal Code, Section 14.25.015 – Landscaping /Site Plan for Land Clearing, is hereby deleted as follows: [14.25.015 LANDSCAPING/SITE PLAN FOR 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 LAND CLEARING AND/OR TREE CUTTING WILL RESULT IN REMOVAL OF MORE THAN TWENTY PERCENT OF THE LOT’S EXISTING TREES, SHRUBS, OR NATURAL VEGETATION COVER AS DETERMINED BY THE ADMINISTRATIVE OFFICIAL.] ____________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED]
Ordinance No. 2993-2017 Page 3 of 7 Section 4. Amendment of Section 14.25.020 of the Kenai Municipal Code: That Kenai Municipal Code, Section 14.25.020 – Application, is hereby Amended as follows: 14.25.020 Application. Approved Landscaping and Site Plans are required for the following: [THIS CHAPTER SHALL APPLY TO] (a)
All retention basins, [AND]
(b)
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 LAND CLEARING AND/OR TREE CUTTING RESULTING IN REMOVAL OF MORE THAN TWENTY PERCENT OF THE LOT’S EXISTING TREES< SHRUBS< OR NATURAL VEGETATION COVER AS DETERMINED BY THE ADMINISTRATIVE OFFICIAL OR 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.]
(c)
Land clearing.
(d)
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).
Section 5. Amendment of Section 14.25.030 of the Kenai Municipal Code: That Kenai Municipal Code, Section 14.25.030 – Landscaping/Site Plan - Submittal requirements, is hereby amended as follows: 14.25.030- Landscaping/[S]Site [P]Plan-Submittal [R]Requirements. One copy of the landscaping/site plan (eleven inches (11″) by seventeen inches (17″) 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 ____________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED]
Ordinance No. 2993-2017 Page 4 of 7 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;
(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 restrict development or drainage (j) When Storm Water Pollution Prevention Plans (SWPPP) are required, a copy of the Plan shall be provided to the City Planner prior to clearing activity. Section 6. Amendment of Section 14.25.040 of the Kenai Municipal Code: That Kenai Municipal Code, Section 14.25.040 – Landscaping Plan - Performance Criteria, is hereby amended as follows: 14.25.040 Landscaping [P]Plan—Performance [C]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 amounts will provide the best results. Perimeter, interior, street right-ofway, 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 in width equal to the setback along all property lines, which adjoin residential zones, exclusive of driveways and other ingress and egress openings.
____________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED]
Ordinance No. 2993-2017 Page 5 of 7 (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 six-foot (6′) high wood fence, [OR] masonry wall fence or other fence material of similar screening and structural character 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) 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. (4) Trees and/or shrubs appropriate for the climate shall be included in the landscaping beds. All trees, shrubs or other vegetation in the required landscaping must be of a stock rated as hardy for the United States Department of Agriculture Climatic Zone 3. It is not the intent to require specific species, however, property owners are encouraged to understand local climate conditions. Property owners are discouraged from planting invasive species as defined by the Alaska Cooperative Extension Service. Property owners are encouraged to contact the Alaska Cooperative Extension Service for a list of plant species which are appropriate for Climate Zone 3. In all cases the materials shall be living and free of defects and of normal health, height and spread as defined by the American Standard for Nursery Stock, ANSU Z 60.1, latest available edition, American Nursery and Landscaping Association. (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-ofway, 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-ofway, the Administrative Officer may approve alternatives, which meet the intent of this section but protect landscaping from winter maintenance damage.
____________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED]
Ordinance No. 2993-2017 Page 6 of 7 (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. Section 7. Amendment of Section 14.25.080 of the Kenai Municipal Code: That Kenai Municipal Code, Section 14.25.080 – Expiration, is hereby amended as follows: 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 may be revoked by the Administrative Official after providing at least thirty (30) days’ notice unless extended for good cause. Section 8. Amendment of Section 14.25.090 of the Kenai Municipal Code: That Kenai Municipal Code, Section 14.25.090 – Penalties, is hereby amended as follows: 14.25.090 Prohibited Acts and Penalties. No person may conduct land clearing, cut trees, construct, erect or maintain any structure, building, fence or improvement, including 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. Penalties for noncompliance with this chapter shall be as set forth by KMC 14.20.260. Section 9. Amendment of Section 14.25.015 of the Kenai Municipal Code: That Kenai Municipal Code, Section 14.25.100 – Landscaping, is hereby amended and renamed as follows: 14.25.100 Definition [—LANDSCAPING]. (a) “Land clearing” for purposes of this chapter means land clearing and/or tree cutting resulting in removal of more than twenty percent (20%) of the trees, shrubs, or natural vegetative cover on properties within the Central Commercial (CC), Central Mixed Use (CMU), General Commercial (CG), Limited Commercial (CL), Heavy Industrial (IH), Townsite Historic (TSH), Light Industrial (IL), and Education (ED) zoning districts, except for purposes of construction of single to three family dwellings. Removal of an obstruction for purposes of a survey is not, “Land clearing.” (b) “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.
____________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED]
Ordinance No. 2993-2017 Page 7 of 7 (c) “Commercial, industrial and multifamily development” for purposes of this Chapter means any commercial or industrial 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), Central Mixed Use (CMU), 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). (d) “Multifamily development” for purposes of this Chapter means a four (4) or more family dwelling. Section 10. Severability: That if any part or provision of this ordinance or application thereof to any person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision, or application directly involved in all controversy in which this judgment shall have been rendered, and shall not affect or impair the validity of the remainder of this title or application thereof to other persons or circumstances. The City Council hereby declares that it would have enacted the remainder of this ordinance even without such part, provision, or application. Section 11. Effective Date: That pursuant to KMC 1.15.070(f), this ordinance shall take effect 30 days after adoption. ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 21st day of February, 2018.
___________________________________ BRIAN GABRIEL, MAYOR ATTEST: ___________________________________ Jamie Heinz, City Clerk Introduced: December 6, 2017 Public Hearing: January 3, 2018 Postponed to: February 7, 2018 Postponed as amended to: February 21, 2018 Effective: March 23, 2018
____________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED]
rl!/ffate
«1/th a Po.if~ Ct'tf «1/th a Fat~ "
210 Fidalgo Ave, Kenai, Alaska 99611-7794 Telephone: (907) 283-7535 I Fax: (907) 283-3014 www.kenai.city
MEMORANDUM TO:
Mayor Brian Gabriel and Kenai City Council
FROM:
City Attorney, Scott M. Bloom !
DATE:
November 30, 2017
SUBJECT:
Ordinance No. 2993-2017
6
This memorandum provides a sectional analysis of the changes proposed in Ordinance 29932017. 1. 14.25.010-lntent, is amended in subsection (b) to provide that the intent of landscape plans is to enhance the community environment and visual character and to provide attractive and functional separation, providing visual and sound screening barriers or buffers between uses and reduce erosion and storm runoff. Th is intent language replaces the following: "the general purpose of landscaping is to visually enhance the city's appearance, provide attractive and functional separation and screening between uses." Subsection (c) is deleted, as the definition of "multi-family" is newly included in the definitions section (14.25.100). 2. 14.25.015-Landscaping/ Site Plan for Land Clearing, is deleted in its entirety. Rather than requiring a landscape/ site plan for clearing that removes more than 20 percent of the natural vegetation, the proposed ordinance requires a land scape/ site plan for all land clearing within certain zones for commercial , industrial and multifamily development as provided in 14.25.020 and the definitions section. 3. 14.25.020-Application, is amended to require a landscape/ site plan for all retention basins, commercial and multi-family development, and land clearing within certain zones as provided in the definitions section (except for residential development of a th ree famil y dwelling or less). 4. 14.25.030-Landscaping/ Site Plan-Submittal Requirements, is amended by adding subjection U) which requires submittal of a Storm Water Pollution Prevention Plan to the Planning Department when such a plan is required by the Alaska Department of Environmental Conservation. 5. 14.25.040-Landscaping Plan-Performance Criteria, is amended to delete the intent language which is previously covered in 14.25.010. Subsection (b)(2)( B) is amended to allow for greater diversity in fencing materials other than wood or masonry. Subsection(b)(4) is amended to specify that planted trees and shrubs in landscaping beds must be a stock rated as hardy for the United States Department of Agriculture Climatic Zone 3 as well as meet other specific criteria as defined in the American Standard for Nursery Stock, ANSU Z 60.1, latest available edition, American
Page 2 of 2 Subject
6.
7.
8.
9.
Nursery and Landscaping Association. Changes also include encouraging contact with the Alaska Cooperative Extension Service and discouraging the planting of invasive species. 14.25.080-Expiration, is amended to require that the project be started in one year from approval of a landscape/ site plan, as opposed to "construction" of the project because land clearing itself requires the plans, but does not necessarily entail any "construction. " 14.25.085- Airport Light Industrial, is a newly enacted section to specific that plans are only required in the ALI Zone on parcels that the public has access to and are not required on portions of lots containing runway or apron space. This section further specifies that FAA requirements and regulations , the Airport Master Plan and Airport Layout Plan take precedent over any landscape/ site plan requirements. 14.20.090-Penalties, is amended to define the prohibited conduct, i.e. land clearing or construction without or not in compliance with an approved plan, but does not change the existing penalty provisions for the chapter which refer back to the enforcement procedures and penalties in the City's Zoning Code, Chapter 14.20. 14.25.1 00-Definitons, is amended by changing the title from "Landscaping" to "Definitions. " A new definition of "land clearing" is added. This new definition defines land clearing as tree cutting or removal of trees and other established vegetation, other than cutting of dead trees for firewood or fire protection within the Central Commercial (CC), Central Mixed Use (CMU), General Commercial (CG), Limited Commercial (CL), Heavy Industrial (IH), Townsite Historic (TSH), Light Industrial (IL), Airport Light Industrial (ALI) and Education (ED) zoning districts, except for purposes of construction of three family or less dwellings. By virtue of this definition and prior amendments in the ordinance, all land clearing is prohibited without first obtaining a landscape/ site plan. A definition of "Commercial, industrial and multifamily development" is also added to the definitions. Commercial and industrial development is defined as improvements requiring a building permit for new construction or any improvements of twenty thousand dollars ($20,000.00) or more, which adds square footage in the Central Commercial (CC), Central Mixed Use (CMU), General Commercial (CG), Limited Commercial (CL), Heavy Industrial (IH), Townsite Historic (TSH), Light Industrial (IL), Airport Light Industrial (ALI ) and Education (ED) zoning districts. Multifamily dwellings in all zones, defined as a four or more family dwelling require plans, as well as changes of use as required in KMC 14.25.250(a).
"Vtl/a3e with a Past, City with aFuture" 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: 907-283-7535 /FAX: 907-283-3014 www.kenai.city
MEMORANDUM TO: FROM: DATE:
Council Members Boyle, Glendening, Knackstedt, Navarre, Pettey, & Student Representative Gilman Mayor Gabriel & Council Member Molloy November 28, 2017
SUBJECT: Ordinance No. 2993-2017, Landscaping/Site Plan Regulations
Amending
KMC
Chapter
14.25
Review and update of the City's landscaping and site plan ordinance was included in the City's Comprehensive Plan Update 2016, in Goal 1: Quality of Life, Goal 2: Economic Development, and Goal 3: Land Use. This review and update began as a draft ordinance that Council referred to the Planning & Zoning Commission and Airport Commission for review and recommendations. The draft ordinance was also referred to the Harbor Commission, Parks & Recreation Commission and the Beautification Committee. During the Commissions-Committee review process, Council enacted Ordinance No. 2960-2017 on June 7, 2017 (sponsored by Council Members Glendening and Knackstedt). That ordinance amended KMC 14.25.020 Application to prohibit land clearing of more than 20 percent of the lot's existing trees, shrubs, or natural vegetation cover without there first being an approved Landscaping/ Site Plan, even when a building pennit is not required for development. This ordinance further amends KMC 14.25.020 Application, to prohibit all land clearing of the lot' s existing trees, shrubs, or natural vegetation cover without there first being an approved Landscaping/ Site Plan. The City Planner's memo dated 9/27/17, summarizing the comments/recommendations of the Commissions and Committee, and presenting the City Planner's recommendations, is included in this packet. Regarding that memo, we included in this proposed ordinance some, but not all, of the recommendations from the process of the Commissions-Committee review. We did include in this ordinance the following reconm1endations: (1)
(2)
Limit landscaping and landscaping/site plans on lots zoned Airport Light Industrial (ALI) to areas on the lots that the public has access to (parking lots, driveways, sidewalks, etc.), and not require landscaping or site plans on runway or apron portions oflots; Incorporate language that prohibits or discourages planting of invasive species defined by the Alaska Cooperative Extension Service.
2
(3) (4) (5)
Add language on hardiness of species for planting; Incorporate language that allows some flexibility on type of fencing other than six-foot (6') high wood fence or a masonry wall fence; Add Central Mixed Use zoning district.
We did not include in this ordinance the following recommendations; (1) (2) (3) (4) (5) (6) (7) (8)
Include lighting requirements similar to ALI; Include Residential Zoning; Include requirements for fire protection around homes and businesses; Incorporate language that promotes fire protection in the wildland/urban interface as encouraged by the Firewise Communities/USA program; Incorporate language that requires residential application for Spec Home development; Add residential development for new single-family and multi-family development; Add residential development as a definition; Completely exempt Airport Light Industrial Zone.
Central Mixed Use and Airport Light Industrial Zones are proposed to be added to the scope of coverage, but not any residential zones, (although multifamily development - regardless of zone is included in the scope of coverage, as it has been ever since the original ordinance was enacted in 2006). Special provisions were added in order to address the Commissions-Committee's recommendations on the ALI Zone, in proposed new code section KMC 14.25.085 Airport Light Industrial. The City Attorney's updated memo, presenting a sectional analysis of each of the sponsors' recommended changes to KMC Chapter 14.25, is included in this packet, so that memo presents the specifics of all recommended changes. We respectfully request Council 's support of this ordinance.
'Vtfl'~ «1/t/r, a Pa~~
Ot'tj «1/t/r, a !"at~
11
210 Fidalgo Ave, Kenai, Alaska 99611-7794 Telephone: (907) 283-75351 Fax: (907) 283-3014 www.kenai.city
TO:
Mayor Brian Gabriel and Council Member Molloy
FROM:
Matt Kelley, City Planner
DATE:
September 27, 2017
SUBJECT:
Ordinance Amending Landscaping and Site Plan Regulations
At their meeting of March 1, 2017, the City Council referred a draft Ordinance amending Landscaping and Site Plan Regulations to the Planning & Zoning Commission and Airport Commission. Staff held a Work Session with the Planning & Zoning Commission on March 29, 2017 to discuss the proposed Ordinance and received the following comments I recommendations: a. Review past Ordinances to see if Land Clearing required a Landscape Site Plan and see if it was later removed from the Ordinance by the City Council. b . Look at lighting requirements in Airport Light Industrial Zone and see if they should apply to landscaping on commercial and industrial zoned parcels. c.
Look at Residential Zoning to see if landscaping site plan regulations should apply to new construction. Soldotna has landscaping requirements for new construction in their landscaping ordinance. Look at other communities as well (Palmer, Wasilla , Homer, and Seward).
d . Look at requirements for fire protection around homes and businesses. Talk with Fire Marshal and State of Alaska Division of Forestry and Borough. e. Look at airport and consider having landscaping for new development only apply to areas that the public has access to (parking lots, driveways, sidewalks, etc.) Not require landscaping on the runway or apron portion of lot. f.
Give the draft Ordinance to other Commissions and Committees as informational or discussion item for their comments. (Airport, Parks & Recreation , Beautification, Harbor).
Staff attended the regular meeting of the Airport Commission to discuss the proposed Ordinance and how it would pertain to those parcels , which are zoned Airport Light Industrial (ALI ). Staff discussed with the Commission , that a developer who is constructing new improvements on the Airport, would be required to add landscaping pursuant to the proposed Ordinance.
Page 2 of 3 Ordinance No. 2977-2017 Memorandum
Staff suggested to the Commission, that landscaping on parcels zoned ALI could be limited to only those areas, which are accessible by the public. This would include, but not limited to , parking lots, side yard, walk areas, front areas adjacent to roads, and other similar areas, which the public would have unrestricted, access. In addition, other amendments could include limiting the height of landscaping so than an obstruction to aircraft would not be created. After discussion, the Airport Commission unanimously voted to recommend that the proposed Ordinance amending the Landscaping and Site Plan Regulations exempt the Airport Light Industrial Zone. Staff attended the Harbor Commission meetings of July 10, 2017 and August 7, 2017. Staff discussed the Commission how Landscaping and Site Plans are currently required for parcels zoned both Heavy and Light Industrial. Furthermore, staff discussed that the proposed Ordinance would apply to the clearing of parcels of trees and vegetation with no development plan. After discussions with the Harbor Commission, they voted to recommend that the City Council approve the proposed Ordinance. Staff attended a Special Joint Meeting of the Parks & Recreation Commission and the Beautification Committee to discuss the proposed Ordinance and received the following comments I recommendations: a.
Invasive Species - incorporate language that prohibits or discourages planting of invasive species defined by the Alaska Cooperative Extension Service.
b. Fencing - incorporate language that allows some flexibility on type of fencing other than six-foot (6') high wood fence or a masonry wall fence. c. Fire Safety - incorporate language that promotes fire protection in the wildland/urban interface as encouraged by the Firewise Communities/USA program. d. Spec Homes - incorporate language that requires residential application for Spec Home development. At their Special Joint Meeting, the Parks & Recreation Commission and the Beautification Committee voted to recommend that the City Council approve the proposed Ordinance, with the above recommendations. Staff Recommendations After reviewing the above-discussed recommendations by the Planning & Zoning Commission, Airport Commission, Harbor Commission , Parks & Recreation Commission and Beautification Committee staff would like to offer the following recommendations for possible inclusion into the proposed Ordinance. a. KMC 14.25.040 - Landscaping Plan - Performance Criteria a. Consider adding the following language: Hardiness - Kenai generally lies within the United State Department of Agriculture climatic Zone 3. All trees, shrubs, or other vegetation in the required landscaping shall be of a stock rated as hardy for this Climate Zone.
Page 3 of 3 Ordinance No. 2977-2017 Memorandum
It is not the intent of this title to require the use of individual species; however, property owners are encouraged to understand the local climate and to use plant species to be hardy. Property owners discouraged from planting invasive species as defined by the Alaska Cooperative Extension Service. Property owners are encouraged to contact the Alaska Cooperative Extension Service for a list of plant species which are appropriate to this Climate Zone. In all cases, the plant materials shall be living and free of defects and of normal health, height, and spread as defined by the American Standard for Nursery Stock, ANSI 260.1, latest available edition, American Nursery and Landscaping Association . b. KMC 14.25.020 - Application a. Consider adding residential development for new single-family and multi-family development. c. KMC 14.25.100 - Definition a. Consider adding residential development as definition. b. Consider adding Central Mixed Use zoning District. c. Consider not requiring Landscaping Site Plans for Airport Light Industrial District. Thank you for your consideration.
http://www.qcode.us/codes/kenai/view .php?topic=14-14_20- l 4_2 ...
14.20.065 Airport Light Industrial Zone (ALI).
Kenai Municipal Code
YI>
Pre~ious
,Mext
Main
~arch
f.rint
No Frames
Title 14 PLANNING AND ZONING Chapter 14.20 KENAI ZONING CODE 14.20.065 Airport Light Industrial Zone (ALI).
(a) Intent: The ALI Zone is established to protect the viability of the Kenai Municipal Airport as a significant resource to the community by encouraging compatible land uses, densities and reducing hazards that may endanger the lives and property of the public and aviation users. Industrial and Commercial uses which are usually compatible with aviation users are permitted which have no nuisance effects upon surrounding property, or which may be controlled to prevent nuisance effects upon surrounding property. New residential uses are not permitted in this zone because it is intended that lots classified in the ALI Zone are reserved for aviation-related commercial and industrial uses. (b) Principal Permitted Uses: Necessary Aviation Facilities and as allowed in Kenai Municipal Code Section 14.22.010 - Land Use Table. (c) Conditional Uses: As allowed in Land Use Table and subject to the provisions of this chapter and Kenai Municipal Code Section 14.20.150. (d)
Accessory Uses: As defined (see Definitions).
(e)
Home Occupations: Not Permitted.
(f)
Development Requirements: (1) No use shall be conducted in a manner which is noxious or injurious to nearby properties by reason of the production or emission of dust, smoke, refuse matter, odor, gas fumes, noise, vibration, or similar substances or conditions, provided that the restriction against noise shall not apply to uses located within two thousand (2,000) feet of the airfield runways. (2) No outdoor open storage shall be located closer than twenty-five feet (25') to the adjoining rightof-way of any collector street or main thoroughfare. (3) Wherever an Airport Compatible Use abuts or is separated by an alley or street from a residential zone, the use or building in the ALI Zone shall be screened by a sight-obscuring eight-foot (8') high fence or vegetation of good appearance acceptable to the City of Kenai. (4) No use shall be made of any land that will cause interference with navigational signals or radio communications at the airport or with radio or electronic communications between the airport and aircraft. (5) No use, building or structure shall emit emissions of fly ash, dust, vapor, gases or other forms of emissions that may conflict with any planned operations of the airport or aircraft. (6) All exterior lighting shall be installed in such a manner that will not shine light or allow light glare to exceed the boundaries of the parcel on which it is placed. All exterior lighting shall be positioned so that it is downcast and shielded. These requirements shall not apply to lighting which is installed for the purposes of aiding in aircraft navigation as required and approved by the Federal Aviation Administration. (7) No use shall be permitted that would foster an increase in bird population and thereby increase the likelihood of a bird-impact problem as defined under the most recent Federal Aviation Administration 150/5200 Advisory Circular (AC), "Hazardous Wildlife Attractants on or Near Airports." (8)
l of 2
No structure, device or other object shall be placed or erected that makes it difficult for pilots to
1/31/18 11:06 AM
14.20.065 Airport Light Industrial Zone (ALI).
http://www.qcode.us/codes/kenai/v iew.php?topic= 14-14_20- l 4_2 ...
distinguish between airport lights and other lights, results in glare in the eyes of pilots using the airport, impairs visibility in the vicinity of the airport, or otherwise endangers the landing, taking off or maneuvering of aircraft. (9) Except as necessary and incidental to airport operations, no building, structure or object of natural growth shall be constructed, altered, maintained, or allowed to grow so as to project or otherwise penetrate the airspace surfaces as defined by the Federal Aviation Administration in : Federal Aviation Regulation (FAR) Part 77, "Safe, Efficient Use and Preservation of the Navigable Airspace"; and under the most recent Federal Aviation Administration Order 8260.3, United States Standard for Terminal Instrument Procedures (TERPS) as shown in the City of Kenai Airport Master Plan and on the City of Kenai Airport Layout Plan. ( 10) Construction of any and all buildings, structures, or any obstructions, whether permanent or temporary shall be subject to filing a "Notice of Proposed Construction or Alternation" as required under Title 14, Code of Federal Regulations, Part 77, of the United State Code. ( 11) Other uses or activities determined to be incompatible with aviation and aviation safety as determined by the City Manager the final decision of the City Manager may be appealed to the Board of Adjustment as provided in Kenai Municipal Code 14.20.290. (12) Additional Requirements in Development Requirements Table. (g) Parking Requirements: As required by this chapter and Chapter 21.05 - Airport Administration and Operation. (Ord. 2884-2016)
View the mobi le version.
2of 2
1/31/18 11:06 AM
Sponsored by: Council Member's Knackstedt and Glendening
CITY OF KENAI ORDINANCE NO. 2960-2017 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KENAI MUNICIPAL CODE 14.25.015-LANDSCAPING/SITE PLAN FOR LAND CLEARING, AND KENAI MUNICIPAL CODE 14.25.020-APPLICATION, TO PROHIBIT LAND CLEARING OF MORE THAN TWENTY PERCENT OF A PARCEL WITHOUT AN APPROVED LANDSCAPING/SITE PLAN . WHEREAS , Kenai Municipal Code Chapter 14.25-Landscaping/Site Plan Regulations, regulates landscaping and site plan requirements in the City; and , WHEREAS, landscaping plans provide for landscaping and/or the retention of natural vegetation for commercial, industrial and multifamily development, to enhance the community environment and visual character, and to provide attractive and functional separation, providing visual and sound screening between uses, and reducing erosion and storm runoff; and, WHEREAS, site plans provide for orderly and safe development of the City commensurate with protecting the health, safety and welfare of its citizens, and support the establishment of adequate and convenient open spaces, light and air, in order to avoid congestion of commercial and industrial areas; and, WHEREAS, amendments to KMC Chapter 14.25 are needed to ensure that landscaping and site plans are approved prior to land clearing that will result in removal of more than 20% of existing trees, shrubs or natural vegetation even when no building permit is requested or required, in order to prohibit land clearing in a manner that conflicts with the purpose and intent of landscaping and site plans; and, WHEREAS, while a more comprehensive review of KMC Chapter 14.25 is being conducted by the Planning and Zoning Commission , as well as other City commissions, this Ordinance is needed at this time to prohibit land clearing without a landscape/site plan during this construction season. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Section 1.
Form: That this is a code ordinance.
Section 2. Amendment of Section 14.25.015 of the Kenai Municipal Code: That Kenai Municipal Code, Section 14.25.015 - Landscaping/site plan for land clearing, is hereby amended as follows : 14.25.015 Landscaping/[S]~ite [P]flan for [LJ.band [C]~learing. 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 land clearing and/or tree cutting [REMOVAL] will result in removal of [LESS] more New Text Underlined: !DELETED TEXT BRACKETED)
Ordinance No. *-2017 Page 2 of 2 than [TWENTY-FIVE PERCENT (25%)] twenty percent of the lot~ [AREA HAVING] existing trees, shrubs, or natural vegetation cover as determined by the administrative official.
Section 3. Amendment of Section 14.25.020 of the Kenai Municipal Code: That Kenai Municipal Code, Section 14.25.020 - Application , is hereby amended as follows: 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 land clearing and/or tree cutting resulting in removal of more than twenty percent of the lot's existing trees, shrubs, or natural vegetation cover as determined by the administrative official or 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 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).
Sect ion 4. Severability: That if any part or provision of this ordinance or application thereof to any person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision, or application directly involved in all controversy in which this judgment shall have been rendered, and shall not affect or i·mpair the validity of the remainder of this title or application thereof to other persons or circumstances. The City Council hereby declares that it would have enacted the remainder of this ord inance even without such part, provision, or application. Section 5. Effective Date: That pursuant to KMC 1.15.070(f), this ordinance shall take effect 30 days after adoption. ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 7th day of June, 2017.
,4;-; ~ r.
BRIAN GABRIELSR:MAYOR
Introduced: May 17, 2017 Enacted: June 7, 201 7 Effective: July 7, 2017 New Text Underlined; [DELETED TEXT BRACKETED]
'Vitiate «Jt'th tl PaJ't, the ct"ly of~
Ct~ «Jt'th
fi
ratfl.P'e II
210 Fidalgo Ave, Kenai , Alaska 99611-7794 Telephone : (907) 283-7535 I Fax: (907) 283-3014 www.kenai.city
KENAI, ALASKA
"V'
MEMORANDUM TO:
Mayor Brian Gabriel and Kenai City Council
FROM:
Council Member's Knackstedt & Glendening ~
DATE:
May 17, 2017
SUBJECT:
Kenai Municipal Code 14.25
This Ordinance is introduced to prohibit land clearing and tree cutting, resulting in removal of more than 20% of existing trees, shrubs or natural vegetation on commercial, industrial and multifamily lots. It prohibits land clearing and tree cutting without a landscape/site plan, even when a building permit is not required. It also requires a landscape/site plan when more than 20% of the trees, shrubs or natural vegetation is removed, as opposed to the current code, which allows removal of 75% of the same. A more comprehensive proposed Ordinance regarding KMC Chapter 14.25 sponsored by Mayor Gabriel and Council Member Molloy is currently being reviewed by several of the City's commissions and likely will not be effective this season . This Ordinance is not intended to take the place of the proposed Ordinance currently being worked on. Instead, it is intended as a complimentary solution, to prohibit indiscriminant land clearing and tree cutting that is inconsistent with the intent of KMC Chapter 14.25 this season. As the migratory bird season comes to a close on July 15th, developers may want to conduct activities prior to the more comprehensive Ordinance taking effect. Your consideration of this Ordinance is appreciated.
Sponsored by: Mayor Gabriel Councilmember Molloy
CITY OF KENAI ORDINANCE NO. *-2017
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KENAI MUNICIPAL CODE CHAPTER 14.25-LANDSCAPING/SITE PLAN REGULATIONS, TO REQUIRE LANDSCAPING AND SITE PLANS FOR ALL RETENTION BASINS, COMMERCIAL, INDUSTRIAL AND MULTIFAMILY DEVELOPMENT AND LAND CLEARING IN CERTAIN ZONES IN THE CITY AND MAKING OTHER HOUSEKEEPING CHANGES. WHEREAS, Kenai Municipal Code Chapter 14.25-Landscaping/ Site Plan Regulations, regulates landscaping and site plan requirements in the City; and, WHEREAS, landscaping plans provide for landscaping and/ or th e retention of natural vegetation and buffers in conjunction with commercial, industrial and multifamily development, to enhance the community environment and visual ch aracter, and to provide attractive and functional separation, providing visual and sound screening barriers or buffers between uses, and reducing erosion and storm runoff; and, WHEREAS, site plans provide for orderly and safe development of the City commensurate with protecting the health, safety and welfare of its citizens, and support the establishment of adequate and convenient open spaces, light and air, in order to avoid congestion of commercial and industrial areas; and, WHEREAS, amendments to code are needed to ensure that landscaping and site plans are approved prior to land clearing even when no building permit is requested or required, in order to prohibit land clearing in a manner that conflicts with the purpose and intent of landscaping and s ite plans; and, WHEREAS, other housekeeping amendments are required to reduce redundancy and improve clarity in KMC Chapter 14.25. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Section 1.
Form: That this is a code ordinance.
Section 2. Amendment of Section 14.25.010 of the Kenai Municipal Code: That Kenai Municipal Code, Section 14.25.010 - Intent, is hereby amended as follows: 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
Page 47 of 82
its citizens, and to support the establishment of adequate and convenient open spaces, light and air, in order to avoid congestion of commercial and industrial areas with residential zones. (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 to enhance the commu nity environment and visual character and to provide attractive and functional separation, providing visual and sound screening barriers or buffers between uses [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 (4) OR MORE FAMILY DWELLING.] Section 3 . Deletion of Section 14.25.015 of the Kenai Municipal Code: That Kenai Municipal Code, Section 14.25.015- Landscaping/Site Plan for Land Clearing, is hereby deleted as follows: [14.25.015 LANDSCAPING/ SITE PLAN FOR 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 TWENTY-FIVE PERCENT (25%) OF THE LOT AREA HAVING EXISTING TREES, SHRUBS, OR NATURAL VEGETATION COVER AS DETERMINED BY THE ADMINISTRATIVE OFFICIAL.] Amendment of Section 14.25.020 of the Kenai Municipal Code: That Kenai Municipal Code, Section 14.25.020 - Application, is hereby Amended as follows:
Section 4.
14.25.020 Application.
[THIS]a. Approved Landscaping and Site Plans are required for the following [CHAPTER SHALL APPLY TO L.
illl
All retention basins, [AND]
1.hl
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
Page 48 of 82
DEVELOPMENT IN ANY ZONE; OR (3) A CHANGE OF USE AS REQUIRED IN KMC l 4.20.250(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
1£1
Land clearing. 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) .J Section 5. Amendment of Section 14.25.030 of the Kenai Municipal Code: That Kenai Municipal Code, Section 14.25.030 - Landscaping/site plan - Submittal r equirements, is hereby amended as follows: 14.25.030 Landscaping/[S)§.ite
[P)~lan-Submittal
[R]Requirements.
One copy of the landscaping/ site plan (eleven inches (11 ") by seventeen inches (17") 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;
(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 restrict development or drainage
Page 49 of 82
When Stormwater Pollution Prevention Plans (SWPP) are required, a copy of the Plan shall be provided to the City Planner. (j)
Section 6 . Amendment of Section 14.25.040 of the Kenai Municipal Code: That Kenai Municipal Code, Section 14.25.040 - Landscaping Plan- Performance Criteria, is hereby amended as follows: 14.25.040 Landscaping [P]~lan-Performance [C]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 landsca ping 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 a dj acent to residential zones shall have landscaping beds/buffers that meet all of the following minimum standards: (1) Landsca ping Beds. Minimum in width equal to the setback along all property lines, which adjoin residential zones, exclusive of driveways and other ingress and egress openings. (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 six-foot (6') high wood fence or m asonry wall fence shall be required only to meet scr eening 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 ) Ground Cover. One hundred percent (100%) within three (3) years of planting and continuous maintenance so there will be no exposed soil. Flower b eds m ay be considered ground cover.
Page 50 of 82
(4) 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 str eet 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 p lans for amendments if problems arise in carrying out the landscaping/site plan as originally approved.
Section 7. Amendment of Section 14.25.080 of the Kenai Municipal Code: That Kenai Municipal Code, Section 14.25.080 - Expiration, is hereby amended as follows: 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 may be revoked by the Administrative Official after providing at least thirty (30) days' notice unless extended for good cause. Section 8. Amendment of Section 14.25.090 of the Kenai Municipal Code: That Kenai Municipal Code, Section 14.25.090 - Penalties, is hereby amended as follows: 14.25.090 Penalties.
Page 51of82
No person may cut trees, (other than the cutting of dead trees for firewood or fire protection) 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. Penalties for noncompliance with this chapter shall be as set forth by KMC 14.20.260. Section 9. Amendment of Section 14.25.015 of the Kenai Municipal Code: That Kenai Municipal Code, Section 14.25.100 - Landscaping, is hereby amended and renamed as follows: 14.25.100 Definition [-LANDSCAPING]. (a) "Land clearing" for purposes of this chapter means tree cutting or other means of removal of trees and established vegetation, other than the cutting of dead trees for the purpose of firewood collection or fire protection, on properties within the Central Commercial (CC), General Commercial (CG), Limited Commercial (CL), Heavy Indu strial (IH), Townsite Historic (TSH). Light Industrial (IL), Airport Light Indu strial (ALI) and Education (ED) zoning districts .
.LW.
"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.
(c) "Commercial, industrial and multifamily development" and "all development" for purposes of this Chapter means 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 Indu strial (IH), Townsite Historic (TSH). Light Industrial (IL), Airport Light Industrial (ALI) 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) . (d) "Multifamily development" for purposes of this Chapter means a four (4) or more family dwelling. Section 10. Severability: That if any part or provision of this ordinance or application thereof to any person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision, or application directly involved in all controversy in which this judgment shall have been rendered, and shall not affect or impair the validity of the remainder of this title or application thereof to other persons or circumstances. The City Council hereby declares that it would have enacted the remainder of this ordinance even without such part, provision, or application. Section 11. Effective Date: That pursuant to KMC 1.15.070(f), this ordinance shall take effect 30 days after adoption.
Page 52 of 82
ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this * day of*, 2017 .
BRIAN GABRIEL, MAYOR ATTEST:
Sandra Modigh, City Clerk Introduced: *, 20 17 Enact ed: *, 2017 Effective: *, 20 17
Page 53 of 82
MEMORANDUM TO:
Mayor Brian Gabriel and Kenai City Council
FROM:
Scott Bloom, City Attorney
DATE:
February 15, 2018
SUBJECT: Back up Material for Ordinance No. 2993-2017 ______________________________________________________________________ At the last Council meeting on February 7, 2018 Council asked for additional material to help consider Ordinance No. 2993-2017. Attachment A to this memorandum is Ordinance No. 2993-2017 with amendments made on February 7, 2018 provided in blue. Attachment B is all of Chapter 14.25 as if Ordinance No. 2992-2017 passed as amended on February 7, 2018. In consideration of other amendments proposed by other Council Members as provided in this packet, I have no further recommended amendments to Ordinance 2993-2017.
Attachment A
Sponsored by: Mayor Gabriel Council Member Molloy
CITY OF KENAI ORDINANCE NO. 2993 - 2017 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KENAI MUNICIPAL CODE CHAPTER 14.25-LANDSCAPING/SITE PLAN REGULATIONS, TO REQUIRE LANDSCAPING AND SITE PLANS FOR ALL RETENTION BASINS, COMMERCIAL, INDUSTRIAL AND MULTIFAMILY DEVELOPMENT AND LAND CLEARING IN CERTAIN ZONES IN THE CITY AND MAKING OTHER MATERIAL AND HOUSEKEEPING CHANGES. WHEREAS, Kenai Municipal Code Chapter 14.25-Landscaping/Site Plan Regulations, regulates landscaping and site plan requirements in the City; and, WHEREAS, landscaping plans provide for landscaping and/or the retention of natural vegetation and buffers in conjunction with commercial, industrial and multifamily development, to enhance the community environment and visual character, and to provide attractive and functional separation, providing visual and sound screening barriers or buffers between uses, and reducing erosion and storm runoff; and, WHEREAS, site plans provide for orderly and safe development of the City commensurate with protecting the health, safety and welfare of its citizens, and support the establishment of adequate and convenient open spaces, light and air, in order to avoid congestion of commercial and industrial areas; and, WHEREAS, review and update of the City’s landscaping and site plan ordinance was included in Goal 1: Quality of Life, Goal 2: Economic Development, and Goal 3: Land Use, in the City’s Comprehensive Plan Update 2016; and, WHEREAS, on March 1, 2017, a draft Ordinance was presented to the City Council with proposed amendments to update Code in order to ensure that landscaping and site plans are approved prior to land clearing even when no building permit is requested or required, in order to prohibit land clearing in a manner that conflicts with the purpose and intent of landscaping and site plans; and, WHEREAS, the draft Ordinance was reviewed by the Planning and Zoning Commission on March 29, 2017, the Airport Commission on June 8, 2017, the Harbor Commission on July 10, 2017 and by a joint meeting of the Parks and Recreation Commission and Beautification Committee on July 11, 2017; and, WHEREAS, during the commission and committee review process, on May 17, 2017, Council Members Knackstedt and Glendening introduced Ordinance No. 2960-2017 to prohibit land clearing of more than 20 percent of vegetation on a lot without an approved Landscaping/Site Plan, which ordinance was enacted by Council on June 7, 2017; and, _____________________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED]
Ordinance No. 2993-2017 Page 2 of 8
WHEREAS, the sponsors of Ordinance No. 2960-2017 provided that the intent of the Ordinance was not to take the place of the proposed update ordinance being reviewed by the City’s various commissions and committees, but to be complementary to it, to prohibit indiscriminate land clearing during the 2017 construction season; and, WHEREAS, several recommendations of the City’s committees and commissions are incorporated into this Ordinance, including special provisions for Airport Light Industrial zoned properties and discouragement of the use of invasive species in planting; and, WHEREAS, the current Ordinance is an update to Code that is more comprehensive than the previously adopted Ordinance No. 2960-2017 in that it addresses performance criteria for Landscaping/Site Plans in addition to requiring an approved Landscaping/ Site Plan before land clearing where applicable, and makes other housekeeping amendments in order to reduce redundancy and improve clarity in in KMC Chapter 14.25; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Section 1.
Form: That this is a code ordinance.
Section 2. Amendment of Section 14.25.010 of the Kenai Municipal Code: That Kenai Municipal Code, Section 14.25.010 - Intent, is hereby amended as follows: 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 to support the establishment of adequate and convenient open spaces, light and air, in order to avoid congestion of commercial and industrial areas with residential zones. (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 to enhance the community environment and visual character and to provide attractive and functional separation, providing screening visual and sound screening barriers or buffers between uses [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 (4) OR MORE FAMILY DWELLING.] Section 3. Deletion of Section 14.25.015 of the Kenai Municipal Code: That Kenai Municipal Code, Section 14.25.015 – Landscaping /Site Plan for Land Clearing, is hereby deleted as follows: [14.25.015 LANDSCAPING/SITE PLAN FOR LAND CLEARING. FOR PROPERTY COVERED UNDER THIS CHAPTER, SUBMITTAL OF A PRELIMINARY LANDSCAPING/SITE PLAN AND APPROVAL BY THE ADMINISTRATIVE ____________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED]
Ordinance No. 2993-2017 Page 3 of 8 OFFICIAL IS REQUIRED PRIOR TO ANY LAND CLEARING AND/OR TREE CUTTING WHERE SUCH LAND CLEARING AND/OR TREE CUTTING WILL RESULT IN REMOVAL OF MORE THAN TWENTY PERCENT OF THE LOT’S EXISTING TREES, SHRUBS, OR NATURAL VEGETATION COVER AS DETERMINED BY THE ADMINISTRATIVE OFFICIAL.] Section 4. Amendment of Section 14.25.020 of the Kenai Municipal Code: That Kenai Municipal Code, Section 14.25.020 – Application, is hereby Amended as follows: 14.25.020 Application. Approved Landscaping and Site Plans are required for the following [THIS CHAPTER SHALL APPLY TO]: (a)
All retention basins, [AND]
(b)
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 LAND CLEARING AND/OR TREE CUTTING RESULTING IN REMOVAL OF MORE THAN TWENTY PERCENT OF THE LOT’S EXISTING TREES< SHRUBS< OR NATURAL VEGETATION COVER AS DETERMINED BY THE ADMINISTRATIVE OFFICIAL OR 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.]
(c)
Land clearing.
(d)
[Pproperties 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 Kkenai mMunicipal cCode 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 KMC 14.20.250(a).]
Section 5. Amendment of Section 14.25.030 of the Kenai Municipal Code: That Kenai Municipal Code, Section 14.25.030 – Landscaping/Site Plan - Submittal requirements, is hereby amended as follows: ____________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED]
Ordinance No. 2993-2017 Page 4 of 8
14.25.030- Landscaping/[S]Site [P]Plan-Submittal [R]Requirements. One copy of the landscaping/site plan (eleven inches (11″) by seventeen inches (17″) 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;
(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 restrict development or drainage (j) When Storm Water Pollution Prevention Plans (SWPPP) are required, a copy of the Plan shall be provided to the City Planner prior to clearing activity. Section 6. Amendment of Section 14.25.040 of the Kenai Municipal Code: That Kenai Municipal Code, Section 14.25.040 – Landscaping Plan - Performance Criteria, is hereby amended as follows: 14.25.040 Landscaping [P]Plan—Performance [C]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 amounts will provide the best results. Perimeter, interior, street right-ofway, 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: ____________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED]
Ordinance No. 2993-2017 Page 5 of 8 (1) Landscaping Beds. Minimum in width equal to the setback along all property lines, which adjoin residential zones, exclusive of driveways and other ingress and egress openings. (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 six-foot (6′) high wood fence, [OR] masonry wall fence or other fence material of similar screening and structural character 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) 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. (4) Trees and/or shrubs appropriate for the climate shall be included in the landscaping beds. All trees, shrubs or other vegetation in the required landscaping must be of a stock rated as hardy for the United States Department of Agriculture Climatic Zone 3. It is not the intent to require specific species, however, property owners are encouraged to understand local climate conditions. Property owners are discouraged from planting invasive species as defined by the Alaska Cooperative Extension Service. Property owners are encouraged to contact the Alaska Cooperative Extension Service for a list of plant species which are appropriate for Climate Zone 3. In all cases the materials shall be living and free of defects and of normal health, height and spread as defined by the American Standard for Nursery Stock, ANSU Z 60.1, latest available edition, American Nursery and Landscaping Association. (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-ofway, 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____________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED]
Ordinance No. 2993-2017 Page 6 of 8 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. Section 7. Amendment of Section 14.25.080 of the Kenai Municipal Code: That Kenai Municipal Code, Section 14.25.080 – Expiration, is hereby amended as follows: 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 may be revoked by the Administrative Official after providing at least thirty (30) days’ notice unless extended for good cause. Section 8. Enactment of Section 14.25.085 of the Kenai Municipal Code: That Kenai Municipal Code, Section 14.25.085 – Airport Light Industrial, is hereby enacted as follows: 14.25.085 Airport Light Industrial On all properties within the Airport Light Industrial Zone (ALI), landscaping and site plan requirements as provided in this Title will only apply to areas on lots that the public has access to, and shall not require landscaping or site plans on runway or apron portions of lots. The Airport Master Plan, Airport Layout Plan and Federal Aviation Administration requirements and regulations (including but not limited to deed restrictions and requirements, aviation easements and grant requirements) shall take precedent over any landscaping or site plan requirement. Section 98. Amendment of Section 14.25.090 of the Kenai Municipal Code: That Kenai Municipal Code, Section 14.25.090 – Penalties, is hereby amended as follows: 14.25.090 Prohibited Acts and Penalties. No person may conduct land clearing, cut trees, (other than the cutting of dead trees for firewood or fire protection) 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. Penalties for noncompliance with this chapter shall be as set forth by KMC 14.20.260. Section 109. Amendment of Section 14.25.015 of the Kenai Municipal Code: That Kenai Municipal Code, Section 14.25.100 – Landscaping, is hereby amended and renamed as follows: ____________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED]
Ordinance No. 2993-2017 Page 7 of 8 14.25.100 Definition [—LANDSCAPING]. (a) “Land clearing” for purposes of this chapter means land clearing and/or tree cutting resulting in removal of more than twenty percent (20%) of the trees, shrubs, or natural vegetative cover or other means of removal of trees and established vegetation, other than the cutting of dead trees for the purpose of firewood collection or fire protection, on properties within the Central Commercial (CC), Central Mixed Use (CMU), General Commercial (CG), Limited Commercial (CL), Heavy Industrial (IH), Townsite Historic (TSH), Light Industrial (IL), Airport Light Industrial (ALI) and Education (ED) zoning districts, except for purposes of construction of single to three family dwellings. Removal of an obstruction for purposes of a survey is not, “Land clearing.” (b) “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. (c) “Commercial, industrial and multifamily development” for purposes of this Chapter means any commercial or industrial 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), Central Mixed Use (CMU), General Commercial (CG), Limited Commercial (CL), Heavy Industrial (IH), Townsite Historic (TSH), Light Industrial (IL), Airport Light Industrial (ALI) 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). (d) “Multifamily development” for purposes of this Chapter means a four (4) or more family dwelling. Section 10. Severability: That if any part or provision of this ordinance or application thereof to any person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision, or application directly involved in all controversy in which this judgment shall have been rendered, and shall not affect or impair the validity of the remainder of this title or application thereof to other persons or circumstances. The City Council hereby declares that it would have enacted the remainder of this ordinance even without such part, provision, or application. Section 11. Effective Date: That pursuant to KMC 1.15.070(f), this ordinance shall take effect 30 days after adoption. ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 7th day of February, 2018. ___________________________________ BRIAN GABRIEL, MAYOR ATTEST: ___________________________________ Jamie Heinz, City Clerk Introduced: December 6, 2017 Public Hearing: January 3, 2018 ____________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED]
Ordinance No. 2993-2017 Page 8 of 8 Postponed to: February 7, 2018 Postponed as amended to: February 21, 2018 Effective: March 239, 2018
____________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED]
Attachment B 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 to support the establishment of adequate and convenient open spaces, light and air, in order to avoid congestion of commercial and industrial areas with residential zones. (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 to enhance the community environment and visual character and to provide attractive and functional separation, providing screening between uses 14.25.020 Application. Approved Landscaping and Site Plans are required for the: (a) All retention basins, (b) Commercial, industrial and multifamily development, (c) Land clearing. (d) 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. (a) Development of retention basins (retention ponds) in any zone requires submittal of a landscape site plan. Applications must include the following: (1) Copies of the design prepared by an engineer licensed in the State of Alaska under AS 08.48; (2) Approval by the State of Alaska, Department of Environmental Conservation for the project; (3) The site around the retention basin must be adequately fenced (six-foot (6′) minimum) in order to protect access and provide safety; and (4) 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. (b) Retention basins in existence at the effective date of the ordinance codified in this section are not considered nonconforming and must comply with the requirements of this chapter within one (1) year of the effective date of the ordinance codified in this section. 14.25.030- Landscaping/Site Plan-Submittal Requirements.
One copy of the landscaping/site plan (eleven inches (11″) by seventeen inches (17″) 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; (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 restrict development or drainage (j) When Storm Water Pollution Prevention Plans (SWPPP) are required, a copy of the Plan shall be provided to the City Planner prior to clearing activity. 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 amounts will provide the best results. Perimeter, interior, street right-ofway, 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 in width equal to the setback along all property lines, which adjoin residential zones, exclusive of driveways and other ingress and egress openings. (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 six-foot (6′) high wood fence, [OR] masonry wall fence or other fence material of similar screening and structural character 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) 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. (4) Trees and/or shrubs appropriate for the climate shall be included in the landscaping beds. All trees, shrubs or other vegetation in the required landscaping must be of a stock rated as hardy for the United States Department of Agriculture Climatic Zone 3. It is not the intent to require specific species, however, property owners are encouraged to understand local climate conditions. Property owners are discouraged from planting invasive species as defined by the Alaska Cooperative Extension Service. Property owners are encouraged to contact the Alaska Cooperative Extension Service for a list of plant species which are appropriate for Climate Zone 3. In all cases the materials shall be living and free of defects and of normal health, height and spread as defined by the American Standard for Nursery Stock, ANSU Z 60.1, latest available edition, American Nursery and Landscaping Association. (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. (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 ($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. (f) 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. 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 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—Landscaping plan. All required landscaping as presented in the approved landscaping plan shall be installed within two (2) years after 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. (a) The required parking lot paving shall be completed within two (2) years after issuance of the certificate of occupancy. 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. 14.25.080 Expiration. If the project has not started within one (1) year of approval of the landscaping/site plan, the approval may be revoked by the Administrative Official after providing at least thirty (30) days’ notice unless extended for good cause. 14.25.090 Prohibited Acts and Penalties. No person may conduct land clearing, construct, erect or maintain any structure, building, fence or improvement, including 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. Penalties for noncompliance with this chapter shall be as set forth by KMC 14.20.260. 14.25.100 Definition. (a) “Land clearing” for purposes of this chapter means land clearing and/or tree cutting resulting in removal of more than twenty percent (20%) of the trees, shrubs, or natural vegetative cover on properties within the Central Commercial (CC), Central Mixed Use (CMU), General Commercial (CG), Limited Commercial (CL), Heavy Industrial (IH), Townsite Historic (TSH), Light Industrial (IL), and Education (ED) zoning districts, except for purposes of construction of single to three family dwellings. Removal of an obstruction for purposes of a survey is not, “Land clearing.” (b) “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. (c) “Commercial, industrial and multifamily development” for purposes of this Chapter means any commercial or industrial 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), Central Mixed Use (CMU), 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). (d) “Multifamily development” for purposes of this Chapter means a four (4) or more family dwelling.
Appendix I
"Vt1/t1-je with a Past City with aFuture" 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: 907-283-7535 /FAX: 907-283-3014 www.kenai.city
TO:
FROM: DATE:
Mayor Gabriel, Council Members Boyle, Knackstedt, Navarre, & Pettey Student Representative Gilman Council Members Glendening & Molloy , / February 14, 2018
Jf.£
SUBJECT: Ordinance No. 2993-2017 as Amended, Amending KMC Chapter 14.25 Landscaping/Site Plan Regulations Amendment of the definition of "land clearing" does not solve the problem presented by the circumstances of clear cutting a property in an industrial or commercial zone which has property lines with adjacent properties zoned in a residential zone, as was the case with the beginning of a clear cut along the property lines of the Timlin's and their neighbors' residential properties. Under Ordinance 2993-2017 as amended, the trigger for the requirement to file a landscape/site plan does not occur until more than 20% of the trees, shrubs, or natural vegetative cover in the commercial property is removed. Therefore, unless the ordinance is amended to require that the industrial or commercial property owner obtain an approved landscape/site plan from the City Planner before begi11lling the removal along property lines where adjacent properties are 1·esidential prope1·ties (except for removal of obstructiolls for pwposes of a survey), the circumstances involving the effects of clear cutting on the Timlins and their neighbors will repeat themselves. An industrial or commercial property owner could clear cut along the property lines adjacent to the residential properties and include the clear cut in the 20% that is allowed before application and approval of a landscape/site plan, unless Council amends the amended ordinance to solve that problem. Attached are three (3) photos to illustrate the effects of clear cutting in the commercial property on the Timlin's residential property viewed from the back of their home: (1) Photo 1 is the view NE from Timlin' s back deck on 10/05/2013; (2) Photo 2 is the view NE from Timlin' s back deck on 5/31/2016; and (3) Photo 3 is the view NE from Timlin's back property line on 5/3112016. Together, Council can fmd a solution to that problem. One idea is presented in the suggested amendment presented on the next page. That idea also includes an amendment to provide that removal of hazardous or invasive species is also not " land clearing." Council 's support of an amendment to the amended ordinance is respectfully requested.
2
Suggested amendment: 14.25.100 Definition [-LANDCSCAPING]. (a) "Land clearing" for purposes of this chapter means: (1) land clearing and/or tree cutting resulting in removal of more than twenty percent (20%) of the trees. shrubs. or natural vegetative cover on properties within the Central Commercial (CC). Central Mixed Use (CMU). General Commercial (CG). Limited Commercial (CL), Heavy Industrial (IH). Townsite Historic
