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HomeMy WebLinkAbout03990 ' Ott ORDINANCE NO. 3990 AN ORDINANCE AMENDING CHAPTER 4, TITLE XVII OF THE 1971 CODE OF ORDINANCES OF THE CITY OF PUEBLO TO ESTABLISH MINIMUM LANDSCAPING REQUIREMENTS FOR COMMERCIAL AND INDUSTRIAL USE DISTRICTS; AND PROVIDING FOR PENALTIES FOR VIOLATION OF SAID REQUIREMENTS WHEREAS, we the City Council of Pueblo, Colorado, adopt the following ordinance for the purposes of retaining property values; enhancing the beauty of the community; promoting purification of the air; and controlling solar radiation, wind, precipitation, temperature, traffic, glare, sound, and erosion; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that (Brackets indicate material to be deleted by this amendment; un- derscoring indicates new material to be added ) SECTION 1 Chapter 4 of Title XVII of the 1971 Code of Ordinances of Pueblo, Colorado is hereby amended by the addition of a new Sec- tion 7 which reads as follows "17 -4 -7 Landscaping Performance Standards (a) For the purpose of this Section 17 -4 -7, certain terms and words are herewith defined as follows (1) Landscape Materials -- approved living trees, shrubs, vines, flowers, grasses, and ground covers; and may include water bodies, crushed rock, sand, wood chips, landscape furniture, and ornamental pieces (2) Lot -- defined in accordance with the sub- division chapter of the City of Pueblo, Colorado (3) Present Structure -- a structure in existence on the effective date of this ordinance The structure shall be considered in existence where there is a foundation capable of being constructed upon in compliance with the Uni- form Building Code as adopted (4) Review Agency -- the review agency for the purpose of this ordinance shall be appointed by the City Manager or his authorized repre- sentative (5) Unimproved Lot -- a lot shall be considered unimproved when there is no structure exist- ing upon it, as defined in (a)(3) of this Section (b) The provisions of this Section 17 -4 -7 shall apply to property presently zoned or which is later zoned within the following zone districts and used par- tially or solely for commercial or industrial ac- tivities R -5, R -6, B -1, B -2, B -3, 0 -1, and I -1, when one of the following occurs (1) The construction or erection of any building or other structure upon an unimproved lot. (2) Additions or alterations to a present struc- ture(s) or the erection or placement of an additional structure or structures upon the lot or non - subdivided property resulting in a percentage increase in the gross floor area exceeding fifty (50) percent of the present structure(s) All such additions, altera- tions, repairs, and additional structures shall be considered cumulative in determining the percentage increase (c) The required landscaping shall be determined and -2- located as follows (1) The minimum required landscape area shall be that portion of land contiguous to a public street right -of -way, and extending to a depth of ten (10) feet; excluding vehicular access ways and walkways approved by the City Through lots and corner lots shall provide landscaping along all contiguous public street rights -of- way Except that; (2) On such sites where the geology, soils, drain- age, topography or other physical characteris- tics of the land would create a hardship in the development and /or maintenance of the land- scaping; or where easements, pedestrian ways, trail systems, existing vegetation, continuity of design concepts within the district, park- ing design, emergency vehicle access or other matters of public health, safety, or welfare would be promoted; the landscape area may be a portion located within the front setback, and having an area measurement not less than that required by subsection 17- 4- 7(c)(1) and shall comply with all other design standards and requirements of this Section 17 -4 -7 Such changes in location are subject to the approval of the designated review agency. (3) On such sites where landscaping of the public right -of -way would comply with the general in- tent of the ordinance, the transfer of the area requirements, or a portion thereof, from within the property line to the public right- of-way may be approved by the designated re- view agency; provided -3- (i) The area measurement shall not be less than that required by subsection 17 -4 -7 (c)(1) and shall comply with all other design standards and requirements of this ordinance (ii) The general planning of the City, with particular respect to the transportation system, will not be jeopardized (iii) Execution of a revokeable permit between the City and the owner for the use of right -of -way for the purpose of land- scaping, with the owner accepting full financial responsibility for all costs for the movement, replacement and relo- cation of the landscaping thereon should such permit be revoked by the City (d) The design standards and requirements for the re- quired landscape area are as follows (1) Water bodies, boulder groupings, crushed rock, sand, wood chips, landscape furniture, and ornamental pieces, singly or in combination, shall not account for more than thirty (30) percent of the ground area to be landscaped at the time of installation or thereafter (2) At least one tree shall be provided for each three hundred (300) square feet, or portion thereof, of area to be landscaped. (i) Each required tree shall have an expected height of twenty (20) feet or more at maturity. (ii) Each required tree shall have a caliper of at least one and one quarter (1 -1/4) -4- inches when installed. (3) No tree, as measured from its center, shall be located as follows (i) within ten (10) feet of a street light standard; (ii) within five (5) feet of a fire hydrant; (iii) within five (5) feet of vehicular access way; or (iv) within five (5) feet of a public sidewalk. (4) At least one shrub shall be provided for each fifty (50) square feet, or portion thereof, of area to be landscaped (i) Each required shrub shall have at least an area of sixty (60) square inches, as determined by multiplying the height by spread, when installed and thereafter (ii) No shrub, as measured from its perimeter, shall be located as follows: a within five (5) feet of a fire hydrant; or b within five (5) feet of a vehicular access way if the planted or main- tained height is greater than two (2) feet. (5) All landscape material located within the sight - distance triangle shall be two (2) feet or less in height, or have a clearance of at least eight (8) feet beneath the lowest branch or projection (6) No permanent impervious surfacing or subsur- facing shall be located around the base of any tree or shrub which may impede the growth of -5- the tree or shrub (7) Only those trees, shrubs, vines, flowers, grasses, and ground covers contained on the list of "Ap- proved Living Landscape Materials" shall be in- stalled or maintained within the required land- scaped area, unless the Planning and Zoning Commission permits an experimental living ma- terial to be used (e) The Landscape Plan shall include at least the following information (1) A linear scale, north arrow, name and address of person or firm preparing the Plan, common and legal description of the property, name of streets contiguous to the property lines, and the total square footage to be contained in the area to be landscaped (2) Location of vehicular access ways, walkways, fire hydrants, street light standards, rights- of-way, and utility lines or easements within or affecting the design of the landscape area (3) Location of the sight- distance triangle when applicable (4) A planting plan giving the location and iden- tification of all landscape material to be installed and a general rendering of any or- namental piece which will cover more than twenty -five (25) square feet (5) A plant inventory giving the botanical and common name, number and approximate installa- tion size of the trees, shrubs, and vines; and the botanical and common name and square foot coverage of the flowers, grasses, ground covers, -6- and other landscape materials to be used in the landscape area (f) The Landscape Plan review procedure shall be as follows (1) The Landscape Plan shall be submitted to the City's designated agency for review and ap- proval (2) The designated agency shall either approve or reject the Landscape Plan within thirty (30) days from the date of submission, unless an extension of time is authorized in writing by the applicant. (1) If the Plan is rejected, the applicant shall be notified in writing as to the reason for rejection (ii) Failure to approve or reject the Plan within the prescribed time shall consti- tute approval of the plan. (3) The City shall retain at least one approved copy of the Landscape Plan (4) The Landscape Plan may be revised from time, to time, provided all revisions are approved and recorded by the designated agency. (5) A Plan which uses experimental landscape ma- terial, or a Plan which does not comply with the specific design standards and requirements of this ordinance shall be submitted to the Planning and Zoning Commission for their ap- proval prior to submission to the designated agency. (6) The designated agency shall reject any Land- scape Plan or revision thereto which does not -7- comply with the design standards and require- ments of this ordinance, or which contains living landscape materials not on the "Ap- proved Living Landscape Materials" list, un- less the Commission has approved such a varia- tion in accordance with 17- 4- 7(h)(2) or (3). (g) Enforcement of the provisions of this Section 17 -4 -7 shall be as follows (1) No Certificate of Occupancy shall be issued until a Landscape Plan has been approved (2) All landscaping as shown on the Landscape Plan shall be installed within sixty (60) days from the date the Certificate of Occupancy is is- sued, except that the designated agency may extend the time for those species whose plant- ing season dictates such extension. (3) The landscape area shall be installed and main- tained in compliance with the Landscape Plan Failure to install and maintain the landscape area in compliance with the Landscape Plan shall result in the property being non - compliant with the zoning performance standards of the district it is in, and in such case the follow- ing may occur (i) The Director of the Department of Zoning Administration or his authorized repre- sentative shall serve notice of such non- compliance upon the owner(s) of record in accordance with the provisions of Section 1 -1 -11 of this Code. (ii) If the property is not brought into com- pliance within thirty (30) days from re- -8- ceipt of the above notice, the Director of the Department of Zoning Administra- tion or his authorized representative may take any of the following actions a Revoke the certificate(s) of occu- pancy b Contract with a licensed landscape company to bring the property into compliance, and the cost of such work plus incidental costs and a twenty (20) dollar City handling fee shall either be charged against the property or owner(s) thereof as pro- vided in Chapter 7, Title XIV of this Code or charged against the pro- perty owner(s), and may be pursued as a civil debt with costs and attor- ney fees payable by said owner(s). c. Seek enforcement in accordance with Section 17 -7 -3 of this Code (4) Dying, dead, diseased, or pest infested ma- terials may be considered as constituting a failure to maintain the landscape area (h) The Planning and Zoning Commission is directed and authorized to do the following (1) The Planning and Zoning Commission shall adopt a list of trees, shrubs, vines, flowers, grasses, and ground covers which are native or adaptable to Pueblo's climate and soils, and which will not constitute a nuisance or hazard to the public health, safety or welfare The list shall officially be titled "Approved Living Landscape Materials." The Commission may re- -9- vise the list at any regular meeting (2) The Commission may permit the use of living landscape materials not contained on the "Ap- proved Living Landscape Materials" list, on an experimental basis The Commission may withdraw its permission if the material be- comes, or indicates it will become, a nuisance or hazard to the public health, safety or wel- fare, or does not perform as anticipated. With- drawal of permission shall result in the pro- perty, having such experimental material be- coming non - compliant and subject to the pro- visions of this ordinance governing such status (3) The Commission may permit variations from the design standards and requirements, area require- ments, or location requirements; provided the general intent of this Section 17 -4 -7 is se- cured." SECTION 2. If any part, subsection, or clause or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance and the City Council hereby declares that it would have passed this Ordi- nance and each part, section, subsection, clause or phrase thereof, irrespective of the fact that any one or more parts, sections, sub- sections, sentences, clauses or phrases be declared invalid. SECTION 3 This Ordinance shall become effective 30 days from final pas- sage and approval INTRODUCED February 24, 1975 By PAT KELLY Councilman ATTES : APPROVED I ‘ 14 d tl-'- ' pityoC rk resident of the Council