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HomeMy WebLinkAbout08423 ORDINANCE NO. 8423 AN ORDINANCE CHANGING ZONING RESTRICTIONS FOR THE BRIARGATE PLANNED UNIT DEVELOPMENT FROM R-4, MIXED RESIDENTIAL ZONE DISTRICT TO PUD, PLANNED UNIT DEVELOPMENT BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The zoning restrictions covering a 5.84-acre parcel of land commonly known as the Briargate Planned Unit Development are hereby changed from R-4, Mixed Residential Zone District to PUD, Planned Unit Development and upon passage of this Ordinance, zoning restrictions affecting PUD, Planned Unit Development, shall apply to said property as follows: A parcel of land located within the southwest one-quarter of the southeast one-quarter of Section 17 and the northwest one-quarter of the northeast th one-quarter of Section 20, Township 20 South, Range 64 West, of the 6 P.M., City and County of Pueblo, State of Colorado being more particularly described as: th All of Parcel ‘A’, Block 307, Belmont 34 Filing, according to the recorded plat thereof, September 19, 1973. SECTION 2. This Ordinance is approved with the following conditions: 1. A fire hose must be able to reach from a stationary fire apparatus to within 150 feet of any point of the building, to where it would meet within 150 feet from the opposite reach. To be reviewed and approved by Pueblo Fire Department prior to issuing a building permit. 2. Any existing commercial structure with a basement greater than 1,500 square feet (regardless of use) shall meet IBC/IFC requirements for egress, or shall have an approved fire sprinkler system in the basement. 3. For compliance with stormwater requirements the project must either: a. Have the existing water quality pond on the 44 Briargate Terrace property be re- evaluated by a registered professional engineer to ensure adequate storage volume and detention with an engineered outlet weir that ties directly to the downstream inlet (via a new outfall pipe run) just off the property and releases at a rate that the downstream system can handle without excessive ponding, or b. The pond needs to be eliminated and the existing inlet and outlet of the pond be “hard-piped” and this pipe run tied into the existing inlet just downstream of the 44 Briargate Terrace Property. 4. The owner must provide an agreement that provides for City maintenance access (stabilized) for the storm sewer system across the property, and an access gate in the fence at the aforementioned inlet. 5. The Planning & Zoning Commission must review and approve the PUD Site Plan prior to the establishment of any commercial uses. 6. The property must be brought into compliance with the requirements of the PUD Development Guide and applicable Ordinances within one year of development or establishment of any commercial uses. SECTION 3. This Ordinance shall become effective immediately upon final passage and approval. INTRODUCED November 28, 2011 BY: Judy Weaver COUNCILPERSON PASSED AND APPROVED: December 12, 2011 Background Paper for Proposed ORDINANCE DATE: NOVEMBER 28, 2011 AGENDA ITEM # R-8 DEPARTMENT: PLANNING AND COMMUNITY DEVELOPMENT JERRY M. PACHECO, DIRECTOR TITLE AN ORDINANCE CHANGING ZONING RESTRICTIONS FOR THE BRIARGATE PLANNED UNIT DEVELOPMENT FROM R-4, MIXED RESIDENTIAL ZONE DISTRICT TO PUD, PLANNED UNIT DEVELOPMENT ISSUE Should City Council approve a request to rezone the Briargate Planned Unit Development from an R-4, Mixed Residential Zone District to PUD, Planned Unit Development? RECOMMENDATION The Planning and Zoning Commission, at their November 9, 2011 Regular Meeting voted 4-0-1 to recommend approval with the following conditions: 1. A fire hose must be able to reach from a stationary fire apparatus to within 150 feet of any point of the building, to where it would meet within 150 feet from the opposite reach. To be reviewed and approved by Pueblo Fire Department prior to issuing a building permit. 2. Any existing commercial structure with a basement greater than 1,500 square feet (regardless of use) shall meet IBC/IFC requirements for egress, or shall have an approved fire sprinkler system in the basement. 3. For compliance with stormwater requirements the project must either: a. Have the existing water quality pond on the 44 Briargate Terrace property be re- evaluated by a registered professional engineer to ensure adequate storage volume and detention with an engineered outlet weir that ties directly to the downstream inlet (via a new outfall pipe run) just off the property and releases at a rate that the downstream system can handle without excessive ponding, or b. The pond needs to be eliminated and the existing inlet and outlet of the pond be “hard-piped” and this pipe run tied into the existing inlet just downstream of the 44 Briargate Terrace Property. 4. The owner must provide an agreement that provides for City maintenance access (stabilized) for the storm sewer system across the property, and an access gate in the fence at the aforementioned inlet. 5. The Planning & Zoning Commission must review and approve the PUD Site Plan prior to the establishment of any commercial uses. 6. The property must be brought into compliance with the requirements of the PUD Development Guide and applicable Ordinances within one year of development or establishment of any commercial uses. BACKGROUND The applicant proposes to rezone the subject 5.84-acre property from R-4, Mixed Residential District to Briargate PUD. The proposed rezoning will preserve and convert the mansion property into a mixed-use residential and neighborhood professional office development. The PUD zone will allow limited commercial uses that are compatible with the surrounding neighborhood. The PUD provides a new land use area that includes specific permitted uses, standards, and performance guidelines. FINANCIAL IMPACT None. Reception 1899684 02/22/2012 03:10:40 PM i 1- Z RIARGATE ;,1 , , I ,: ;,„ , i [ , ,1 PI I ; } iii PUD DEVELOPMENT GUIDE October 28, 2011 : E ru ) ki 3 fl l'i :1 ‘1 t Prepared for: Bradley W. Smith 44 Briargate Terrace ii Pueblo, Colorado 81001 1 1 i HI i t Prepared b p y f ti Chrisman Engineering, Inc. '" L % ; P . O . B ox 8 5 6 4 1 0, M1 Pueblo, Colorado 81008 f. A ;\ `~ 7 924 -0012 3 4 Page Ii Briargate PUD Development Guide October 21, 2011 1. PROJECT NARRATIVE A. INTRODUCTION 1 B. OVERVIEW 1 C. PROJECT OBJECTIVE 1 D. APPLICABILITY AND PROCEDURE 1 E. SOCIAL, ENVIRONMENTAL AND PUBLIC FACILITIES IMPACT 2 F. DEVELOPMENT SCHEDULE 2 G. SEPARATION OF RIGHTS 3 H. OWNERSHIP INFORMATION 3 I. 300' ADJACENT OWNERSHIP INFORMATION 3 2. DEVELOPMENT GUIDE A. INTRODUCTION 5 B. DEFINITIONS 5 C. LEGISLATIVE INTENT 6 D. APPLICATION AND MODIFICATION 6 E. AUTHORITY 6 F. ADOPTION 6 G. RELATIONSHIP TO CITY REGULATIONS 6 H. ENFORCEMENT 6 I. CONTROL PROVISIONS 7 J. DEVELOPMENT STANDARDS 7 1. DESCRIPTION OF USES 7 2. LOT SIZE AND DENSITY 7 3. PARKING STANDARDS 9 4. LANDSCAPE STANDARDS 9 5. OUTDOOR LIGHTING STANDARDS 10 6. SIGNAGE STANDARDS 10 7. MAINTENANCE OF COMMON AREAS 11 8. PERFORMANCE STANDARDS 11 K. PERMITTED USE LEGEND 11 L. CONDITIONAL USE REGULATIONS 12 1899684 DEV G 02/22/2012 03:10:40 PM 9g T G i t d er, 0.00 l Cour,tt C 1 11 Page 11 Briargate PUD Development Guide October 28, 2011 1. PROJECT NARRATIVE A. INTRODUCTION The Planned Unit Development (PUD) for this property, herein referred to as Briargate, is a proposed mixed -use residential and neighborhood professional office development covering the existing 5.84 -acre property currently addressed as 44 Briargate Terrace in the 34 Filing of Belmont. The property currently contains a multi -level dwelling with an approximate footprint of 5,000 square feet, a detached 4,000 square foot pool house with a combination indoor /outdoor swimming pool, and driveway access from Briargate Terrace. The subject property is located approximately 0.2 miles east of Bonforte Boulevard and bordered by Colorado State Highway 47 to the north (See Exhibit A, Vicinity Map). Topographically, the property generally slopes from north to south with steeper slopes along the north and west portions of the property. B. OVERVIEW Briargate includes a single land use category: Neighborhood Professional Office (NPO) defining a mix of residential and limited professional office uses. This mix has been chosen to allow the existing structures to be utilized as limited professional offices with a residence and possible future development of similar mixed use structures within the property. The existing property is currently zoned Mixed Residential District (R -4) and is bordered by R -4 zoned property to the west, State Highway 47 to the north and Single Family Residential (R -2) zoned property to the east and south. C. PROJECT OBJECTIVE Briargate is designed to preserve and convert the mansion property with the large main residence and detached pool house into a property with limited professional office uses within a residence that are currently not accommodated within the City of Pueblo Zoning Ordinance. Any future development of the property will be limited to a maximum of three (3) lots, complying with the restrictions outlined in the Briargate Development Guide. In addition, the PUD is not intended to create a high density business or office park, rather, the PUD will allow this expansive property to have a mix of residential and limited professional office uses that are compatible with the surrounding neighborhood. This objective will be accomplished through the implementation of a PUD Zone District that will allow more flexible use of the existing structures while maintaining consistency with the residential character of the neighborhood. D. APPLICABILITY AND PROCEDURE a. Platting: Prior to, or in conjunction with development or transfer of ownership of any portion of this Planned Unit Development, the property shall be platted in 1899684 V G 02/22/2012 100 Pa e: 3 of DE 17 R 91.00 D 0.00 03: T 9 P0M Gilbert Ortiz Clerk /Recorder, Pueblo County, Co III r1101l t + {°natia'1r10111011 141 1111 Page 12 Briargate PUD Development Guide October 28, 2011 accordance with the City of Pueblo Subdivision Ordinance to delineate within a plat the parcel to be developed or sold separately or any portion thereof. b. Per Section 17- 8 -8(d) of the City of Pueblo Zoning Ordinance, at the time of subdivision, the Planning and Zoning Commission may exempt residential development from the PUD Site Plan requirement of Section 17 -8 -7 of the ordinance. c. Per Section 12- 4- 7(e)(7) of the City of Pueblo Ordinance, City Council may exempt a residential subdivision that is 2.0 acres or less in size from the requirement to dedicate property to the City for parks and recreation facilities. d. At the time of subdivision, the boundary for any new lot or parcel does not have to be contiguous to a public right -of -way. Access to said lot or parcel may be gained through an easement or privately owned parcel that is to be maintained by the property owner or property / homeowners association. E. SOCIAL, ENVIRONMENTAL AND PUBLIC FACILITIES IMPACT Briargate is currently a developed property within a Mixed Residential District (R -4). The proposed PUD Zone District will maintain the residential character of the property while allowing some appropriate neighborhood commercial uses. The commercial uses will be limited to professional office type uses where sale of a commodity will be strictly incidental to the performance of the service. Since this is an existing developed property there are not any significant social, environmental or public facilities impacts anticipated. This plan does not propose any additional full movement access points on the property to adjacent public rights -of -way so the commercial uses may increase the amount of traffic on Briargate Terrace. Traffic will be limited to passenger vehicles and single unit deliver vans and trucks that comply with neighborhood gross vehicle weight (GVW) limits. Commercial uses will be defined and limited within the development guide to assure that traffic volumes do not exceed the appropriate limits. The commercial uses will have limited impact to accommodate off- street parking and site lighting for the professional and medical office type uses that will be allowed. The proposed parking area for the immediate development will be located northwest of the existing main dwelling and will be situated well below the elevation of the properties to the west and hidden from direct view. In addition, the existing landscape berm along Briargate Terrace will adequately screen the parking lot from view along the public right -of -way. F. DEVELOPMENT SCHEDULE The main dwelling will be renovated / remodeled immediately to accommodate a medical office in the lower level of the structure that will have direct access to the 1899684 DEV G 02/22/2012 03:10:40 PM Pa Gilbert : of 17 R 91.00 D 0.00 T 91.00 pnili � e l Pueblo isicomiro 1111 Page 13 Briargate PUD Development Guide October 28, 2011 new northwest parking area. All other development phasing shall be based on market conditions with an indefinite time frame. G. SEPARATION OF RIGHTS There is no record of any separation of mineral rights, water rights, air rights, development rights, or any other such rights that would directly or indirectly affect the land. H. OWNERSHIP INFORMATION The subject property is located at 44 Briargate Terrace, Pueblo, Colorado 81001, legally described as: Parcel A, Block 307, Belmont, 34 Filing Is in the sole ownership of the following: Bradley W. Smith 44 Briargate Terrace Pueblo, Colorado 81001 I. 300' ADJACENT OWNERSHIP INFORMATION Steve F. Mack Joseph A. Shannon 30 Briargate Terrace 31 Briargate Terrace Pueblo, Colorado 81001 Pueblo, Colorado 81001 Tony Gomez John R. Zanini 32 Briargate Terrace 34 Briargate Terrace Pueblo, Colorado 81001 Pueblo, Colorado 81001 Marlene Battiste Connie J. Buynar 35 Briargate Terrace 36 Briargate Terrace Pueblo, Colorado 81001 Pueblo, Colorado 81001 Donald E. Chapman Lisa Ann Berry 43 Briargate Terrace 45 Briargate Terrace Pueblo, Colorado 81001 Pueblo, Colorado 81001 Roger W. Gifford Edward W. Devine, Jr. 2 Brooks Place 6 Brooks Place Pueblo, Colorado 81001 Pueblo, Colorado 81001 Dwight G. Robbe Secretary of Housing + Urban 8 Brooks Place 13 Carefree Lane Pueblo, Colorado 81001 Pueblo, Colorado 81001 Gary J. Caldwell Remy L. Donovan 14 Carefree Lane 17 Carefree Lane Pueblo, Colorado 81001 Pueblo, Colorado 81001 1899684 DEV G 02/22/2012 03:10:40 PM Galbert /Recd d e Pueblo Cour tty0, co iii i� Illil� � i4 � �'� i 111 Page 14 Briargate PUD Development Guide October 28, 2011 John Thomas Goorley Darcy J. Dudley 18 Carefree Lane 3 Hadley Rill Pueblo, Colorado 81001 Pueblo, Colorado 81001 Kenneth D. Crowell Stephen J. Obrecht 1 Margate Terrace 15 Newpark Lane Pueblo, Colorado 81001 Pueblo, Colorado 81001 Alicia Sandoval Robert L. Jimenez 17 Newpark Lane 19 Newpark Lane Pueblo, Colorado 81001 Pueblo, Colorado 81001 Frank M. Major Annjanette Ramirez 20 Newpark Lane 21 Newpark Lane Pueblo, Colorado 81001 Pueblo, Colorado 81001 Nicholas K. Ohrdorf John D. Moran 22 Newpark Lane 23 Newpark Lane Pueblo, Colorado 81001 Pueblo, Colorado 81001 Nebojsa Jaksic John J. Eickholt 24 Newpark Lane 25 Newpark Lane Pueblo, Colorado 81001 Pueblo, Colorado 81001 Richard Mutz Gregory H. Armstrong 7 Margate Terrace 6 Margate Terrace Pueblo, Colorado 81001 Pueblo, Colorado 81001 Christopher Hankins Margaret Pena 4 Margate Terrace 2 Margate Terrace Pueblo, Colorado 81001 Pueblo, Colorado 81001 Albert Gurule Steve W. Laveirge 41 Briargate Terrace 5 Hadley Rill Pueblo, Colorado 81001 Pueblo, Colorado 81001 Michael Ricottone William Clyde Graham 4 Hadley Rill 37 Briargate Terrace Pueblo, Colorado 81001 Pueblo, Colorado 81001 Robert L. Smith, Jr. Hailu Regassa 39 Briargate Terrace 33 Briargate Terrace Pueblo, Colorado 81001 Pueblo, Colorado 81001 Jacob A. Montoya Samuel Hernandez 4 Brooks Place 3 Margate Terrace Pueblo, Colorado 81001 Pueblo, Colorado 81001 George H. Beck Joyce Lawrence 5 Margate Terrace 47 Briargate Terrace Pueblo, Colorado 81001 Pueblo, Colorado 81008 1899684 DEV G 02/22/2012 03:10:40 PM Page: 6 of 17 R 91.00 D 0.00 T 91.00 Gilbert Ortiz Clerk /Recorder, Pueblo County, Co III i � il��'i Itiiin.1044 1M Ili 11111 Page 15 Briargate PUD Development Guide October 28, 2011 2. DEVELOPMENT GUIDE A. INTRODUCTION This Development Guide establishes the standards, variations and requirements of the Briargate Planned Unit Development (PUD) which may vary from the standards of the City of Pueblo Zoning Ordinance. The standards established by the Development Guide and approved by City Council shall be recorded and utilized for development of the property. B. DEFINITIONS These definitions are provided for clarification of uses proposed by the Development Guide. Unless otherwise noted, all provisions and definitions found in the City of Pueblo Zoning Ordinance under Section 17 -2 -1 shall apply. 1. Development means the entire Briargate Planned Unit Development (PUD). 2. Lot means the current parcel of land and any future Tots that may be created through subdivision. 3. Neighborhood Professional Office (NPO) means agency, medical and professional office uses at a limited scale appropriate for a residential neighborhood that are conducted on the property within a single structure or mixed -use residential structure, with the following clarifications: a. Structures may be used solely as a professional office, solely as a residence, or a mixed use of both professional office and residence. b. There shall be a limit of two (2) professional office uses within a single structure. c. If conducted in a residential unit, the professional office may employ individuals that do not reside in the residential unit. d. The professional office will be primarily a service, and sale of a commodity will be strictly incidental to the performance of the service. e. There shall be no limit to the percentage of net floor area that is utilized for professional office purposes. f. No activity shall be carried on and no equipment or process shall be used in such business which creates noise, vibration, glare, fumes, odors or electrical interference detectable to the normal senses off the lot. In the event of electrical interferences, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises, or causes fluctuations in line voltage off the premises. 4. Provider means a medical professional that performs examinations, evaluations, treatments, etc. of a patient. Providers include physicians, physician's assistants, nurse practitioners and therapists. 1899684 DEV G 02/22/2012 03:10:40 PM Gilbert 7 O r o tiz 1 Cler R k /Reoorde 0 1 3. u 0 e 0 b oun Co III P Illy I° 1 111 Page 16 Briargate PUD Development Guide October 28, 2011 5. Structure means any building, dwelling, or other structure that requires a building permit to be obtained through Pueblo Regional Building Department. For the purposes of this Development Guide, if a building permit is not required then said building, dwelling, or other structure shall not be considered a Structure. C. LEGISLATIVE INTENT The Development Guide is intended to be consistent with and assist the implementation of the City of Pueblo Zoning Ordinance to permit mixed commercial and residential uses that are currently not accommodated within the ordinance. D. APPLICATION AND MODIFICATION These standards shall apply to the property addressed as 44 Briargate Terrace; also known as, Parcel A, Block 307, Belmont, 34 The regulations and requirements shall become the governing standards for review, approval and modification of all development activities on the property. Provisions of this guide shall prevail and govern the uses permitted; however, this guide shall only supersede the specific City of Pueblo zoning regulations when referenced within this Development Guide. The PUD Development Plan shall satisfy the requirements of Section 17 -8 -6, Part 1. Modifications or changes to the PUD shall be accomplished in accordance with Section 17 -8. E. AUTHORITY The authority of this Development Guide is per Chapter 8, Title 17 of the City of Pueblo Municipal Code, as amended. F. ADOPTION See Section 17 -8 -8 of the City of Pueblo Zoning Ordinance. G. RELATIONSHIP TO CITY REGULATIONS This provision of the Development Guide shall prevail and govern development of the Briargate PUD except where the provisions of the Development Guide do not clearly address a specific subject. H. ENFORCEMENT The provisions of the Development Guide relating to the use of land shall run in favor of the City of Pueblo and shall be enforceable by the City of Pueblo. 1899684 DEV G 02/22/2012 03:10:40 PM Page: 8 of 1 R 91.00 D 0.00 T 91.00 Gilbert O rtiz Clerk /Recorder, Pueblo County, Co ��� i N IS I 11 L 101 01 1 111 Page 17 Briargate PUD Development Guide October 28, 2011 I. CONTROL PROVISIONS Briargate PUD establishes the standards, variations, and requirements of the development which may vary from the standards of the City of Pueblo Zoning Ordinance. The conditions established by the Development Guide and approved by the City Council shall be recorded and utilized for development of the property. J. DEVELOPMENT STANDARDS Following the adoption of this Development Guide by the City Council, the Landscape Standards, Parking Standards, Lighting Standards, and the height, density and building setback controls for all buildings built after the effective date of the Development Guide shall conform to the following requirements. In addition, at the time of the rezoning all new commercial uses will be required to comply with the following requirements. 1. DESCRIPTION OF USES a. Neighborhood Professional Office (NPO) Neighborhood Professional Office (NPO) is a mixed -use development combining existing residential structures with professional office uses at a limited scale appropriate for the neighborhood. Future development on the property will be limited to a maximum of three (3) lots complying with the requirements of this development guide. 2. LOT SIZE AND DENSITY a. Neighborhood Professional Office (NPO) Any future subdivision of the current 5.84 -acre parcel shall be limited to a maximum of three (3) lots. ii. All lots shall comply with the minimum requirements listed in the following table: Briargate PUD — Schedule of District Regulations. Full movement vehicular access to the property will be limited to the existing driveway. One additional maintenance access shall be created on Briargate Terrace at the east boundary line to allow the city access to maintain the existing stormwater drainage system. 1899684 DEV G 02/22/2012 03 :10:40 PM Page: 9 of 17 R 91.00 D 0.00 T 91.00 Gilbert Ortiz Clerk /Recorder, Pueblo County, Co III ANI I :I I DIN MI111 Page 18 Briargate PUD Development Guide October 28, 2011 Briargate PUD - Schedule of District Regulations 28 -Oct-11 NPO a) Minimum Lot Area 20,000 sf b) Minimum Lot Width 100' c) Maximum Coverage of Lot 30% d) Maximum Footprint Area of Principal Structure 7,500 sf e) Maximum Floor Area Ratio 0.5 f) Maximum Building Height 35' g) Minimum Front Yard Setback - Periphery (1) 50' h) Minimum Side Yard Setback - Periphery (1) 50' i) Minimum Rear Yard Setback - Periphery (1) 50' j) Minimum Setback to All Internal Lot Lines 5' k) Minimum setback to State Highway 47 25' I) Maximum Number of Offices per Principal Structure 2 m) Maximum Number of Offices per Lot 3 n) Maximum Number of Principal Structure per Development 3 o) Maximum Number of Detached Accessory Structures 2 per Principal Notes: (1) Detached accessory structures shall comply with the setback requirements for R -1 Districts, listed in Section 17 -4 -2. (2) Detached accessory structures shall comply with the size requirements, listed in Section 17 -4 -23. (3) Detached accessory structures may not be used for separate professional offices or commercial uses. 1899684 DEV G 02/22/2012 03:10:40 PM Page: 10 of 17 R 91.00 D 0.00 T 91.00 Gilbert Ortiz Clerk /Recorder, Pueblo County, Co ill i 11���Il �%` �+ r �i l� ISM Mr I d 1111 Page 19 Briargate PUD Development Guide October 28, 2011 3. PARKING STANDARDS a. Neighborhood Professional Office (NPO) Off- street parking requirements shall comply with Section 17- 4- 43(b)(2) Professional /Medial Office which requires: a minimum of (5) parking spaces, plus (1) additional space for every 250 sf in excess of 1,250 sf of gross floor area The required number of off - street parking spaces shall be calculated based on the area of office space only. Residential portions of the structure shall not be included in the square footage. ii. Any change of use within a structure will necessitate a new review and evaluation of off - street parking. The developer shall demonstrate that the minimum number of off - street parking spaces is provided. iii. At the discretion of the developer and the Land Use Administrator, a shared use parking strategy may be applied to this development. iv. The parking reduction cap for shared use parking agreements shall be no Tess than the more stringent parking requirement of the two uses sharing parking under the agreement. v. Shared used parking may result in fewer parking spaces required for the aggregate uses within the development. vi. Where it is desired to share the use of parking spaces between two or more uses, the use of such parking spaces shall be predicated upon the proven fact that the uses will not require said parking spaces as simultaneous times. Only where it can be shown that the uses have substantially different operation hours shall shared parking arrangements be approved. vii. Residential development shall comply with Section 17 -4 -42. 4. LANDSCAPE STANDARDS a. Neighborhood Professional Office Landscaping will be required for the Neighborhood Professional Office at the time of the rezoning. Refer to the City of Pueblo Landscape Performance Standards, Section 17 -4 -7 of the City of Pueblo Zoning Ordinance, except as follows: The boundary adjacent to State Highway 47 along the existing concrete sound wall shall not be considered a landscape setback area or buffer and no right -of -way landscaping shall be required. ii. Landscape buffers shall not be required along any future interior lot lines. 1899684 DEV G 02/22/2012 03:10:40 PM Page: 11 of 17 l R D 0.00 T 91.00 Gi Ilbe � Ortiz Clerk/Recorder, PANIC' �� l�l Pueblo County, t ��1L III Page 110 Briargate PUD Development Guide October 28, 2011 Parking lots with 20 or less spaces that are not visible from the periphery and that are not located within 50' of the periphery are not required to comply with Parking Lot Screening requirements, Section 17- 4- 7(b)(3)(c). iv. Landscape buffers along the periphery shall not be required to include a six (6) foot structure or opaque fence. v. Landscape buffers along the periphery shall include 1 tree every 50' and trees may be grouped in clusters of three (3). vi. Residential style trash receptacles with a capacity of (1) cubic yard or less are not required to be located within a trash enclosure. vii. All landscaping shall be compatible with the existing character of the surrounding neighborhoods. viii. Residential development shall have front yard landscaping with a minimum of (1) tree and 100 square feet of living ground cover. Shrubs may be substituted for living ground cover at a rate of 4 shrubs per 25 square feet of living ground cover. Refer to the City of Pueblo Landscape Performance Standards, Section 17 -4 -7 of the City of Pueblo Zoning Ordinance. 5. OUTDOOR LIGHTING STANDARDS a. Neighborhood Professional Office Outdoor lighting shall comply with Section 17 -4 -52 of the City of Pueblo Zoning Ordinance and shall be no greater than 0.1 fc at the property boundary. Fixtures shall be restricted to a maximum of 150 watts. 6. SIGNAGE STANDARDS a. Neighborhood Professional Office All signage shall be approved by the Planning and Zoning Commission to assure compatibility with the surrounding neighborhood. Multi- tenant monument signage will be allowed to advertise commercial usages within the development. Signage shall be limited as follows: Signage shall be limited to building and monument signage. ii. No pole mounted signage will be allowed. iii. Signs may be a maximum of 20 square feet. iv. Monument signs shall not exceed 6' in height. v. Signage may be illuminated with up, down or halo type fixtures or backlit lettering. 1899684 DEV G 02/22/2012 03:10:40 PM Page: 12 of 37 R 91.00 D 0.00 T 91.00 Gilbert Ortiz Clerk /Recorder, Pueblo County, Co 1111 MILO% I111 Page 111 Briargate PUD Development Guide October 28, 2011 vi. Illuminated cabinet signage will not be allowed. vii. All signage must be architecturally compatible with the development. 7. MAINTENANCE OF COMMON AREAS a. The property owner / applicant shall create a Homeowners Association made up of the property owner(s) to define the ownership and maintenance of all common open spaces areas, private streets and private parking lots. The association will be responsible for regular maintenance and upkeep of landscaping, irrigation systems, hardscape surfaces, lighting, etc. b. At the time of subdivision the property owner(s) shall have the authority to create covenants, architectural standards and other appropriate development requirements to assure compatibility with the surrounding neighborhood. 8. PERFORMANCE STANDARD a. Neighborhood Professional Office (NPO) There may be a maximum of three (3) separate principal structures within the development. Structures may include a mix of professional office and residential uses as defined by this development guide. ii. When residential and non - residential uses are approved for a single parcel: A. The overall architecture of the front elevation shall highlight the difference in uses through variations of volume and proportion, and shall be treated as a cohesive whole through finishes and colors. b. Single- Family Residential Single- family homes shall comply with the standards outlined in Section 17 -4 -11 of the City of Pueblo Zoning Ordinance, except as noted in this performance standard. ii. Single- family homes shall meet a minimum of 12 of the 17 standards listed in Section 17- 4- 11(2)(b). K. PERMITED USE LEGEND 1. Permitted Use (P). Uses permitted by right within the designated Land Use. This does not exclude other uses that are generally considered assessor to the primary use. An accessory use or structure, which is customarily incidental to 1899684 DEV G 02/22/2012 03:10:40 PM Pa 13 of I7 R 91.00 D 0.00 T 91.00 Gilbe rt Ortiz Clerk/Recorder, Pueblo County, Co IN 11111 MIKA Page 112 Briargate PUD Development Guide October 28, 2011 the principal use or structure, and is located on the same parcel, shall be permitted as an accessory use without being separately listed as a permitted use. Accessory uses may not occupy more than 30% of the gross floor area utilized by the primary use. 2. Conditional Use (C). The use may be approved administratively as a conditional use if certain minimum conditions, identified in the following section, are met. Except as otherwise specifically provided regarding a particular use, when one or more of the itemized conditional use regulations cannot or will not be met, a Special Use Permit is required for the use. 3. Uses by review (R). Certain uses may be permitted in the designated Land Use area only after obtaining a Special Use Permit in accordance with Section 17 -5- 33 of the City of Pueblo Ordinance. The Zoning Board of Appeals may add to or deviate from the specific conditions listed in this Development Guide, as deemed appropriate. 4. Single Family Residential uses shall be defined per Section 17 -4- 51(3). L. CONDITIONAL USE REGULATIONS 1. Chiropractor a. Services may include examination and treatment normally provided by a chiropractor. Laboratories operated in conjunction with the office may be considered part of the allowed service. b. Maximum (2) providers treating patients at a time with up to (2) rooms per provider. Up to (2) additional providers may be added through a Special Use Permit. c. Hours of operation shall not be limited; however, normal operating hours should be 9am to 5pm, Monday through Friday. 2. Medical Office a. Services may include examination, treatment and minor procedures normally provided by a Physician. Laboratories and clinics operated in conjunction with the office may be considered part of the allowed service. b. Maximum (2) providers treating patients at a time with up to (2) rooms per provider. Up to (2) additional providers may be added through a Special Use Permit. c. Hours of operation shall not be limited; however, normal operating hours should be 9am to 5pm, Monday through Friday. 3. Occupational Therapist a. Services may include all services normally provided by an Occupational Therapist. 1899684 DEV G 02/22/2012 03:10:40 PM Gifbert tr t C e rk k /Reoo derD Pu blo T Co 9 u 1 n Co Iun,m00% mu l'hilLKIN 1111 Page 113 Briargate PUD Development Guide October 28, 2011 b. Maximum (2) providers treating patients at a time with up to (2) rooms per provider. Up to (2) additional providers may be added through a Special Use Permit. c. Hours of operation shall not be limited; however, normal operating hours should be 9am to 5pm, Monday through Friday. 4. Optometrist a. Services may include all services normally provided by an Optometrist. Laboratories and clinics operated in conjunction with the office may be considered part of the allowed service. b. Maximum (2) providers treating patients at a time with up to (2) rooms per provider. Up to (2) additional providers may be added through a Special Use Permit. c. Retail sales of eye wear shall be limited to 25% of the total office area. d. Hours of operation shall not be limited; however, normal operating hours should be 9am to 5pm, Monday through Friday. 5. Physical Therapist a. Services may include all services normally provided by a Physical Therapist. b. Maximum (2) providers treating patients at a time with up to (2) rooms per provider. Up to (2) additional providers may be added through a Special Use Permit. c. Hours of operation shall not be limited; however, normal operating hours should be 9am to 5pm, Monday through Friday. 6. Professional Office a. Services may include all services normally provided by an attorney, architect, engineer or similar professional person. b. Maximum (2) Principal professionals. c. Total number of full -time staff shall not exceed 5. d. Hours of operation shall not be limited; however, normal operating hours should be 9am to 5pm, Monday through Friday. 7. Sleep Lab a. Services include the evaluation and /or treatment of patients in a sleep center. b. Maximum (2) providers overseeing laboratory operations at any given time following the American Academy of Sleep Medicine (AASM) Policies and Procedures. c. The Sleep Lab shall follow accreditation Standards of Operation and Restrictions, as defined and updated by the AASM. d. Hours of operation shall not be limited; however, normal operating hours should be 7pm through 7am, Sunday through Friday. 1899684 DEV G 02/22/2012 03:10:40 PM M ee : 15 of 37 R .00 D 0.00 T .00 , Co rt Ortiz Cler /Recor Pueblo Count III ° 10,1 klara rI a i, al itt 11111 Page 114 Briargate PUD Development Guide October 28, 2011 Briargate PUD - Neighborhood Professional Office (NPO) uses: r n r kit i s i < `t d t ' 'i t @+ h r � rn _� t> ` ' a r " �� ' cr x' ,�y� q ,t `f,i r i a`"i ? , ,s 1„ ri r 1,'" ,' fi � �zn � i� ^ ��` �Q'i7 *:e �'� d' St z >p 2 s "" �� �Fh�,��.� �4 y'$c t �n �''kz t�' �+ f E a �` # �� r s t t c x *!� � � s g w y �z.i r v a . a fr�.n,� P = P,ermltted use�by right , �� -, , ,� �, imp .` ads tz+l 5V, '`�,7 x y ,� 5w. g: t ` ` , � y ` "' s� i - `r „, tV C fl � � Condltl on al use �. �� , �� � � l��' ��°��,� ����� �� r� y is �.�� � " '� w. � �b � z+,tc �r �t� i u x *�' - Y #z + s v �R Use.b preview, # ,k, �kx �. �' - . 4 ' rY ➢r g ay � r ,fl W. r�' �' ^�''"`z `�a f '�o- cads r �„,�44y �3r`y i1Y�.,p' ' �X. e�e�' 4 M �+°,�z z'� z �"� , 3� ,'� fi r ,,� x "3 1 �a�, ��� ��Y�� �.� *,.� , NA_ Use allowed rx .. r is 'u ask t, fi t ... 4U A, 'cf,tP Adult and Dependent Day Service Center R Agency office R Beauty and Barber Shop R Bed and Breakfast - Home P Bed and Breakfast - Inn R Child Care Center R Chiropractor C Commercial Artist R Consulting Service P Counseling Service R Dentist R Dietician / Nutritionist P Drafting Services P Elderly Home / Elderly Foster Care R Medical marijuana facility NA Medical office C Occupational therapist C 1899684 DEV G 02/22/2012 03:10:40 PM Page: Gilbert 6 of z C erk /Reco der Pue Cou Co 1 INN 11111 Page 115 Briargate PUD Development Guide October 28, 2011 Optometrist C Physical therapist C Private School R Professional office C Residence, single - family P Residence, three- or four - family P Residence, two- family P Sleep Lab C 1899684 DEV G 02/22/2012 03:10:40 PM Page: 1 o f 17 R 91.00 D 0.00 T 91.00 Gi O Cl /Recorder, Pueblo County, Co 111 °iii PLiJ'thli6',ALIt I Willi 1 II