November 24, 2014

Legal Notice Ord 2398

ORDINANCE NO. 2398

 

 

 

AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF GARDNER,

KANSAS BY AMENDING IN ITS ENTIRETY CHAPTER 18.165 OF TITLE 18 OF THE

GARDNER MUNICIPAL CODE.

 

 

 

WHEREAS, the City of Gardner, Kansas initiated the changes to Title and Chapter

18.165 requirements within the City of Gardner, Kansas; and

 

 

 

 WHEREAS, public hearings on the City’s request were held before the Planning

Commission of the City of Gardner, Kansas, on the 27th day of March, 2012; the 24th day of

April, 2012; the 22nd day of May, 2012; and the 26th day of June, 2012; and

 

 

 

 WHEREAS, said Planning Commission has recommended that said amendments to the

zoning regulations of the City of Gardner, Kansas be approved.

 

 

 

 

 

 NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY

OF GARDNER, KANSAS:

 

SECTION ONE: Chapter 18.165 Landscaping, of the Code of the City of Gardner,

Kansas, 2008 is hereby amended to read as follows:

 

 

 

Chapter 18.165

 

LANDSCAPING

 

 

 

Sections:

 

18.165.010 Purpose / Intent.

 

18.165.020 General conditions / plan requirements.

 

18.165.030 Landscaping prior to occupancy permit.

 

18.165.040 Maintenance.

 

18.165.050 Exceptions.

 

18.165.060 Planting Requirements – Size.

 

18.165.070 Planting Requirements – Number / Location

 

18.165.080 Planting within Parking and Vehicular-Use areas.

 

18.165.090 Planting along Building Facades

 

18.165.100 Planting Requirements – Screening.

 

 

 

18.165.010 Purpose / Intent.

 

The purpose of this chapter of the Municipal Code is to accomplish the following goals:

 

A. To visually soften paved areas and buildings through the use of landscape

materials and features.

 

 

B. To establish improved environmental conditions by providing shade, air

purification, oxygen regeneration, ground water recharge, storm water runoff

retardation, and noise, glare and heat abatement.

 

C. To encourage plant species diversity with the use of plant material that is

generally accepted as native or hardy to this region.

 

D. To provide buffers between differing land uses and enhance the quality and

appearance over the entire site of the project.

 

 

 

E. To work in concert with the adopted City of Gardner Landscape Design

Standards.

 

 

 

18.165.020 General conditions / plan requirements.

 

All plans submitted in support of a final development plan, building permit, or land use permit

shall hereafter include a landscape plan and shall address the goals and requirements outlined

in the City of Gardner Landscape Design Standards. All land areas which are to be unpaved or

not covered by buildings shall be brought to finished grade and planted with turf or native grass

or other appropriate ground cover and receive landscape materials and features as specified in

the City of Gardner Landscape Design Standards and other sections of the GMC.

 

 

 

The appropriate number or amount of shrubs, ground cover, and/or turf area plantings that shall

be included within each project shall be determined by the design criteria within each project as

established by the Board of Zoning Appeals as they relate to visual safety, species used, and

landscape function.

 

 

 

All plans submitted for approval of a landscape plan shall have the following information

included:

 

A. Name of the developer and firm responsible for preparation, north scale,

preparation date and revision dates, and space for endorsement by Planning

Commission and Governing Body.

B. Topographic information and final grading adequate to identify and properly

specify planting for areas needing slope protection.

C. The location, size, and surface of materials of all structures and parking areas.

D. The location, size, and type of all above ground and underground utilities and

structures with proper notation, where appropriate, as to any safety hazards to

avoid during landscape installation.

E. The location, type, size and quantity of all proposed landscape materials, along

with common and botanical names of all plant species. The size, grading and

condition shall be specified according to American Association of Nurserymen

Standards.

 

 

F. The location, size and common name of all existing plant materials to be

retained on the site.

 

G. Mature sizes of plant material shall be drawn to scale and called out on plan by

common name or appropriate key.

 

H. Annual and perennial planting beds shall be delineated on the plans.

 

I. Location of hose connections, irrigation system layout and other watering

sources.

 

J. The location of all trees, 12-inch caliper or larger, measured at four and one-

half feet above ground level on sites that are proposed for removal.

 

 

K. Maintenance plans / programs shall also be provided for review to ensure that

such plans are appropriate to address the designated function (BMP, common

area use, screening, etc.), as well as materials.

 

 

 

18.165.030 Landscaping prior to occupancy permit.

 

All landscape material, living and nonliving, shall be in place prior to issuance of a final

certificate of occupancy. All plant material shall be healthy and in place prior to issuance of final

certificate of occupancy. A temporary certificate may be issued without the installation, provided

written assurances are given that the planting will take place when the proper season arrives.

 

 

 

18.165.040 Maintenance.

 

Trees, shrubs and other landscaping materials / features depicted on plans approved by the

City shall be considered as elements of the project in the same manner as parking, building

materials and other details are elements of the plan.

 

 

 

The developer, his/her successor and/or subsequent owners and their agents shall be

responsible for the continued maintenance of such landscape materials and features. Irrigation

of landscaped areas is strongly encouraged, and may be required by the Community

Development Director for landscape materials that are known to have a low tolerance for

drought.

 

 

 

Plant material which exhibits evidence of insect pests, disease, and/or damage shall be

appropriately treated, and dead plants promptly removed and replaced within the next planting

season.

 

 

 

All landscape materials and features will be subject to periodic inspection by the City’s Zoning

Officer or his/her designee.

 

 

 

Should landscaping materials and features not be installed, maintained and replaced as needed

to comply with the approved plan, the owner and his/her agent or agents shall be considered in

violation of the terms of the building or occupancy permit. The Codes Administrator or his/her

designee is empowered to enforce the terms of this chapter.

 

 

 

18.165.050 Exceptions

 

Every landscape plan and maintenance plan shall be reviewed in its entirety. If, as a result of

that review, it is felt by the Community Development Director and/or the appropriate decision

making body that the plan(s) in their entirety meet the intent of the City of Gardner Landscape

Design Standards as articulated by the guiding principles, but because of unique circumstances

inherent to the property or the outcome of the implementation of the entire plan, it is deemed to

be exceptional, then specific exceptions to specific landscape standards and code requirements

may be granted through the approval of the plan.

 

 

 

Exceptions shall also be considered in areas, such as Downtown Gardner due to the density

and/or intensity of development and parcel sizes.

 

 

 

The applicant submitting the landscape plan and maintenance plan is required to clearly outline

all exceptions being requested and describe the reason(s) for the request of each exception.

 

 

 

18.165.060 Planting requirements – Size.

 

The minimum planting sizes for all plant material shall be the following:

 

A. Medium and Large Deciduous Shade Trees. Two-inch caliper, as measured six

inches above the ground as specified by the American Association of

Nurserymen.

 

 

 

 

B. Small Deciduous or Ornamental Trees. Four feet in height as specified by the

American Association of Nurserymen, with the exception of true dwarf species.

 

 

C. Conifers. Five to six feet in height.

 

D. Upright Evergreen Trees. Four feet in height as specified by the American

Association of Nurserymen, except for the true dwarf varieties.

 

 

E. Shrubs (Deciduous and Conifer Including Spreader and Glove Tree Forms).

Size optional as determined by applicant.

 

F. Ground Cover Plants. Crowns, plugs, containers: in a number as appropriate

by species to provide 50 percent surface coverage after two growing seasons.

 

G. Native Grass. Seeding as appropriate to provide complete coverage within the

first growing season.

 

H. Turf Grass Sod. As necessary to provide coverage and soil stabilization.

 

J. Ornamental Grass / Perennial / Annual Plants. Size optional as determined by

applicant.

 

 

 

The American Standard for Nursery Stock, as published by the American Association of

Nurserymen and incorporated by reference herein, shall be referred to in determining the

applicability of the descriptions and sizes above.

 

 

 

18.165.070 Planting Requirements – Number / Location.

 

A. Street Frontage. One tree per 40 feet of public and or private street frontage

shall be required within the first 15 feet of property, outside of any utility

easement or right-of-way, abutting such street frontage. Said trees may be

clustered and need not be placed evenly at 40-foot intervals.

 

 

 

Annual and perennial planting beds, may be planted along the street frontage

in City easements and right-of-ways, subject to approval by the City to ensure

that such plantings do not cause a safety hazard (blocking visibility, etc.) and

that they are properly maintained. The owner assumes all risk and cost of

replacement, if the beds need to be removed to maintain, repair or improve the

improvements in the easements or rights-of-way.

 

 

 

B. Internal Site. In addition to the required trees based on street frontage, one

site tree shall be required for every dwelling unit in residential zoning districts

and for every 10,000 square feet of total property area in office, commercial

and industrial zoning districts. Site trees may be planted anywhere on the

property (outside of utility easements and rights-of-way).

 

 

 

A minimum of 3 shrubs or evergreens per dwelling unit in residential zoning

districts and 1 shrub or evergreen per 5,000 square feet of total property area

in office, commercial and industrial zoning districts. Site shrubs or evergreens

may be planted anywhere on the property (outside of utility easements and

rights-of-way).

 

 

 

 

 

All turf areas, including adjacent rights-of-way, shall be sodded at initial

installation. The Community Development Director or designated department

representative may allow utilization of seed when deemed necessary.

 

 

 

C. Property perimeter. For purposes of this section, the property perimeter is

defined as the boundaries of a site that do not abut a public street.

Landscaping along the perimeter shall provide adequate screening to assist

with the transition of different land uses and functions.

 

 

 

Perimeter landscaping is required on the property of the more intense land use

or function as defined by the zoning districts and the following intensity tables.

Said plantings not be placed evenly at the exact intervals in the tables but

should be spread fairly evenly along the perimeter.

 

 

 

Zoning District

 

Corresponding

Intensity Level

 

AG, R-E, R-1, RP-1, R-1A,

R-2, RP-2

 

1

 

R-3, RP-3, R-4, RP-4, R-5,

RP-5, M-P, M-S

 

2

 

C-O, CP-O, CO-A, CPO-A,

C-1, CP-1, C-2, CP-2, C-3,

CP-3, PUD, REC

 

3

 

M-1, MP-1, M-2, MP-2

 

4

 

 

 

 

 

Subject

Property

Intensity Level

 

Perimeter Landscaping Requirement

 

Perimeter

Landscaping Location

 

1

 

None

 

N/A

 

2

 

1 tree per 40 linear feet and 1 shrub or

evergreen per 10 linear feet

 

Adjacent to Intensity

Level 1

 

3

 

1 tree per 40 linear feet; 1 evergreen per

20 linear feet; 1 shrub per 10 linear feet

 

Adjacent to Intensity

Levels 1-2

 

4

 

1 tree per 30 linear feet; 1evergreen per

15 linear; 1 shrub per 10 linear feet

 

Adjacent to Intensity

Levels 1-3

 

 

 

 

 

When a property zoned commercial or industrial is located adjacent to a

residentially zoned property additional perimeter landscaping may be required

on such commercial or industrial property to mitigate the sound, light, noise and

visual impacts on the residential property.

 

 

 

The use of berms, walls, fences or other screening features shall not be used

as a total replacement of required perimeter landscape materials. If such

features are proposed, the Community Development Director shall work to

ensure that appropriate visual variation occurs so as not to create long

expanses of exposed fencing, walls or land on either side of such elements and

that sufficient screening is achieved in a manner that minimizes the impacts on

adjacent property.

 

 

 

 

 

Where solid fences are not used or where building façade landscaping is not

implemented due to the service nature of the façade (per section 18.165.090)

then additional property perimeter landscaping shall be required to effectively

block the public view and sight lines from adjacent property.

 

 

 

D. Tree preservation. Existing specimen hardwood trees saved on the site during

construction may be credited toward the minimum number, as specified. Those

existing trees shall be a minimum of four-inch caliper as measured four and

one-half feet above the ground for medium and large deciduous species.

Minimum size for ornamental and evergreen species shall be three feet in

height. All existing plant material saved shall be healthy and free of mechanical

injury.

 

 

 

18.165.080 Planting within Parking / Vehicular-Use Areas.

 

The intent of this section is to encourage interior landscaping within vehicular parking areas, to

break up the large expanses of pavement, and to provide relief from the reflected glare and

heat, as well as to guide vehicular and pedestrian traffic per the following requirements:

 

 

 

1. Parking Perimeter Landscaping

 

A. Parking perimeter landscape areas shall be no less than 5 feet wide.

 

B. Parking lot perimeter landscaping shall consist of at least one of the following:

 

1. Berm. A berm three (3) feet high with a maximum slope of 3:1 in combination

with coniferous and deciduous trees and shrubs.

2. Hedge. A low continuous landscaped hedge at least three (3) feet high,

planted with a combination of coniferous and deciduous shrubs so as to

achieve full screening at maturity.

3. Wall. A low decorative masonry wall no more than three (3) feet high in

combination with landscaping. The masonry wall material shall match the

materials of the building or a design theme for the adjacent corridor.

4. Fence. A low decorative wrought iron fence no more than three (3) feet high

in combination with landscaping planted so as to achieve full screening at

maturity.

C. Perimeter parking lot landscaping, when adjacent to a public sidewalk and/or

walkways shall have logical periodic breaks to allow pedestrian access onto the

property. Such breaks shall align with safe pedestrian routes connecting the

sidewalk to building entries.

 

 

 

 

2. Parking Interior Landscaping

 

A. The total area of landscaping provided within parking areas shall be no less than

6.5% of the interior parking area for lots with more than 16 parking spaces.

B. The total amount of surface parking area shall be broken up into parking blocks

containing no more than 40 parking spaces per block.

 

 

 

 

C. Parking blocks shall be separated by landscaping, medians, islands, pedestrian

walkways or buildings.

1. Landscape islands and peninsulas shall be no smaller then the approximate

dimensions of one parking space. The pervious area of such islands or

peninsulas shall be at least 150 square feet with a minimum width of 8 feet.

2. Landscaped medians shall be at least ten (10) feet wide.

3. Pedestrian walkways within a landscaped median shall be at least five (5)

feet wide.

4. Decorative fence or wall no more than three (3) feet high bordered by

landscaping on at least one side

5. BMP features (i.e. rain garden, bio-retention cell, etc.) shall be at least seven

(7) feet wide.

 

 

 

D. The maximum distance in any direction between landscape islands and peninsulas

shall be 180 feet.

E. The primary landscaping material used shall be trees that provide shade or are

capable of providing shade at maturity. Shrubs, hedges and other plant materials

may be used to complement the trees, but cannot be the sole means of

landscaping.

F. Lighting for parking lots, shall not be located in landscape islands or peninsulas

with shade trees. Lighting may be contained within landscape medians provided

the landscaping and trees, at maturity and as maintained, shall not obstruct

illumination.

 

 

 

 

18.165.090 Planting along Building Facades.

 

Building facades that are viewable by the public (i.e. customers/patrons, general public), on the

property, on adjacent property, or from public streets, sidewalks or trails shall be subject to the

provision of building façade plantings. To be considered façade landscaping the landscape

material cannot be within the interior of any parking or drive area.

 

 

 

If through site design and building placement a façade of a building is clearly intended for

service purposes with no public functions or sight lines into such portion of the property, then

perimeter property (section 18.165.070 C.) landscaping may be used to address this

requirement.

 

 

 

A. For commercial and office building facades 20 feet in length or greater the

linear distance of landscape areas shall be equal to or exceed 25% of the

linear footage of the length of the building façade.

 

B. Façade landscape areas may be broken up into several planting areas, but no

landscape area shall be less than 5 feet wide (25 square feet). Façade

landscape areas incorporating shade trees shall be at least 10 feet wide (100

square feet).

 

C. Turf grass and mulch or rock areas without additional landscape materials (i.e.

trees, evergreens, shrubs or perennials) shall not count toward meeting this

requirement.

 Further guidance for the treatment of the building facades can be found in the

City of Gardner Landscape Design Standards.

 

 

 

18.165.100 Planting Requirements – Screening.

 

A. Trash Bins / Service Areas – All institutional and multifamily residential projects

and all commercial, office and industrial projects shall include, on the

landscape plan, a detailed drawing of enclosure and screening methods to be

used in connection with trash bins on the property. No trash bin or shall be

visible from off the property, and a permanent masonry or frame enclosure

compatible with project architecture shall be provided for each such bin.

 

 

 

B. Ground / Wall Mounted Equipment – All ground-mounted mechanical

equipment, utilities, and banks of meters shall be screened from public view.

The screening of ground-mounted mechanical equipment, utilities, and banks

of meters shall be architecturally compatible with the project’s major building

components and may include landscaping.

 

 

 

C. Land Use Buffer – All properties thereto in Districts C-O through M-2 inclusive

shall provide a solid screen fence or wall not less than six feet in height along

all rear and side property lines which are common to property zoned for

residential purposes, except that such screening shall not extend in front of the

building line or adjacent dwellings and shall not be required where such

screening exists on the abutting residential property.

 

 

 

Further guidance for the treatment of the property perimeter is provided in

section 18.165.070 and in the City of Gardner Landscape Design Standards.

 

 

 

 SECTION TWO: All other ordinances not in conformity herewith are hereby repealed or

amended to conform hereto.

 

 

 

 SECTION THREE: This ordinance shall take effect and be in force from and after its

passage, approval, and publication as provided by law.

 

 

 

PASSED by the City Council this 16th day of July, 2012.

 

APPROVED by the Mayor this 16th day of July, 2012.

 

 

 

 

 

 CITY OF GARDNER, KANSAS

 

(SEAL)

 

 /s/ David C. Drovetta

 

 Mayor

 

 

 

Attest:

 

 

 

/s/ Doreen K. Pesek

 

City Clerk

 

 

 

 

 

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