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BACKGROUND PAPER FOR PROPOSED
ORDINANCE
COUNCIL MEETING DATE: April 9, 2018
TO: President Christopher A. Nicoll and Members of City Council
CC: Sam Azad, City Manager
VIA: Brenda Armijo, Acting City Clerk
FROM: Steven Meier, Director of Planning and Community Development
SUBJECT: AN ORDINANCE AMENDING 17-4-7 OF CHAPTER 4 OF TITLE XVII OF THE
PUEBLO MUNICIPAL CODE RELATING TO LANDSCAPE PERFORMANCE
STANDARDS IN THE ESTABLISHED DEVELOPMENT AREA OF THE CITY
SUMMARY:
Attached for consideration is a text amendment that will amend Title XVII of the Pueblo Municipal
Code relating to the landscape regulations for existing properties in the established development
area of the City.
PREVIOUS COUNCIL ACTION:
None.
BACKGROUND:
The proposed amendments will update zoning code regulations to allow adjustments in the
current landscape requirements for property improvements in the Established Development Area
of the City that were platted and generally developed prior to 1930. Any waivers of the landscape
requirements would need to be based upon a justification by the Land Use Administrator, ensuring
that the improvements will satisfy the intent of the landscaping requirements, and will not create
a significant impact on a neighborhood. The proposed changes to the landscape code will also
provide relief to existing and new businesses considering a location in the City that under the
current landscape code may encounter unexpected expenses and delays when desiring to
expand an existing building or enlarge a parking area due to certain zoning code requirements.
The provisions of the current landscape requirements are referenced in the attached Planning
and Zoning Commission staff report for Case TA-18-02. Key highlights of the proposed text
amendment include:
•
Property owners / businesses with the “Established Development Area” may be granted
a waiver of reduction of landscape requirements for improvements other than a new
building.
•
The reduction of landscape requirements will not have a significant impact on the
neighborhood.
•
Parking areas between 5,000 and 10,000 square feet may receive a waiver for parking lot
islands.
•
Properties with detached sidewalks can re-establish historic tree lawn areas to satisfy
some landscaping requirements.
•
The required landscape setback area can be modified when the area is covered with a
paved surface or an existing building prohibits installation of a tree lawn or other landscape
treatments.
•
Landscape plans for small additions to existing facilities within the Established
Development Area are not required to be prepared by a licensed landscape architect.
•
These changes do not affect the City Center Streetscape Standards for Pueblo that apply
for landscaping of public rights-of-ways in the downtown area.
FINANCIAL IMPLICATIONS:
There are no financial implications for the City.
BOARD/COMMISSION RECOMMENDATION:
The Planning and Zoning Commission, at their March 14, 2018 Regular Meeting, voted 7-0 to
recommend approval.
STAKEHOLDER PROCESS:
The Planning Department sent out Notice of the Planning and Zoning Commission Public Hearing
by publication of the proposed amendment fifteen (15) days prior to the Public Hearing.
ALTERNATIVES:
If City Council does not approve this Ordinance, Title XVII of the Pueblo Municipal Code
landscape performance standards will not be amended.
Upon request of City Council, the Ordinance could be returned to the Planning and Zoning
Commission for consideration of proposed modifications.
RECOMMENDATION:
Approval of the Ordinance.
Attachments: Minutes of the Planning and Zoning Commission March 14, 2018 Public
Hearing
Staff Report for Text Amendment TA-18-02
Notice of Public Hearing
ORDINANCE NO. 9261
AN ORDINANCE AMENDING 17-4-7 OF CHAPTER 4 OF TITLE
XVII OF THE PUEBLO MUNICIPAL CODE RELATING TO
LANDSCAPE PERFORMANCE STANDARDS IN THE
ESTABLISHED DEVELOPMENT AREA OF THE CITY
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: (brackets indicate matter
being deleted, underscoring indicates new matter being added)
SECTION 1.
Section 17-4-7, Chapter 4, Title XVII of the Pueblo Municipal Code, as amended, is hereby
modified by the addition of subsection 17-4-7.(b)(1), to read as follows:
Sec. 17-4-7. Landscape Performance Standard.
. . .
d.2 means new buildings constructed in the space available
Infill development
between existing structures within the Established Development Area.
SECTION 2.
Section 17-4-7, Chapter 4, Title XVII of the Pueblo Municipal Code, as amended, is hereby
modified by the amendment of section 17-4-7.(b)(2), to read as follows:
Sec. 17-4-7. Landscape Performance Standard.
. . .
(2) Applicable Zones: Unless provided through a Special Area Plan or Planned Unit
Development, the provisions of this Section shall apply in the following zone districts: R-
(when the PUD does not establish its
4, R-5, R-6, RCN, B-1, B-2, B-3, B-4, BP, PUD
own landscaping regulations)
, H-B, I-1, I-2, O-1, CCN, S-1, S-4 and S-5 when at least
one (1) of the following occurs within the above-mentioned zones:
a. The construction or placement of any building or structure upon any lot except a
residence, one (1) family.
b. Any addition of thirty-five percent (35%) or more of the gross square footage of an
an addition of more than 1,000
existing building except a residence, one (1) family;
square feet, except a residence, one (1) family; or an addition over 10,000 in
an I-2 zone district (whichever quantity is less). Additional increases in floor
area, based on the above zone districts, shall be a maximum allowable limit of
expansion whether cumulative or not, based on structure size after 2017.
c. The use of five thousand (5,000) square feet of unimproved contiguous land or land
in the same ownership for off-street parking or the conversion of existing use of five
thousand (5,000) square feet or more of contiguous land or land in the same
ownership to off-street parking.
d. Off-street parking areas of five thousand (5,000) or more square feet shall be paved
with asphalt, concrete or pavers. That portion of the driveway connecting from the
curb line to the back of sidewalk property shall be paved with concrete materials.
Off-street parking areas of five thousand (5,000) or more square feet shall meet and
comply with the requirements of Subsections 17-4-44(b), (c), (d), (e), (h), (i), (j), (k)
and (p).
e. The provisions of Subparagraph c. above shall not apply to improved off-street
parking areas of five thousand (5,000) or more square feet existing and in use on
June 22, 1998.
f. The City Center Streetscape Standards adopted by Resolution 12599, as may be
amended, prescribe special regulations to modify or supplement the requirements
of the Landscape Code for rights-of-way located within that portion of Downtown
Pueblo identified below:
g. Those properties located in the “Established Development Area”, as
illustrated on the map adopted by City Council Resolution and on file in the
Community Development Department, are eligible for adjustments to the
Landscape Performance Standards for the landscaping locations/functions
described in Section 17-4-7(b)(3), as follows:
1. A building addition of over 1,000 square feet, or more than 35% of the
existing building square footage (whichever is greater), shall not require
compliance with the requirements of Section 17.4.7.(b)(3) in the “Landscape
Setback”, “Parking Lot”, and “Landscaped Open Space” areas, when it has
been determined by the Land Use Administrator that omitting landscaping
from the proposed construction project would not be considered a significant
visual impact nor detriment to the health, safety, and welfare of the
neighborhood. However, additions to existing buildings within the size
ranges described in this paragraph must comply with the standards described
in paragraph two (2) below. Criteria used in determining whether this waiver
shall be allowed include:
a) The site improvements are occurring on a lot that is substantially built
upon, preventing accommodation of the additional landscape areas
and/or parking;
b) The proposed landscape areas would not be visible from the street, or
minimally visible considering existing and/or adjacent obstructions.
2. Any new building construction or expansion in the City’s Established
Development Area shall trigger the requirement to re-establish the traditional
treelawn (containing trees and turf only) in the right-of-way by the applicant.
Planting Plans for re-establishing the traditional treelawn are required to be
submitted for review but are not required to be prepared by a Landscape
Architect.
3. Establishment or expansion of parking areas between 5,000 and 10,000
square feet may receive a waiver from providing parking lot islands from the
Land Use Administrator, under criteria similar to those contained in section g.
(1) above. Establishment or expansion of parking areas over 10,000 square
feet must comply with all landscape requirements and performance
standards.
4. The requirement to provide landscape plans prepared by a licensed
Landscape Architect may be waived for infill development when the Land Use
Administrator determines that limited landscape requirements apply, and the
plans do not involve design services.
SECTION 3.
Section 17-4-7, Chapter 4, Title XVII of the Pueblo Municipal Code, as amended, is hereby
modified by the amendment of section 17-4-7. (b)(3), to read as follows:
. . .
Sec. 17-4-7. Landscape Locations.
Landscape Setback Area.
1. The landscape setback shall be at least ten (10) feet wide and contain at least
one (1) shade tree and five (5) shrubs or twenty-five (25) square feet of living
ground cover instead of each shrub shall be provided in the landscape setback
area for every thirty (30) linear feet, or portion thereof, of frontage, excluding
driveway openings.
a) Up to fifty percent (50%) of the total shade tree requirement may be
comprised of evergreen or ornamental trees.
2. Trees planted in the landscape setback area can be located in groups of up to
three (3) trees or in irregular alignment instead of uniform spacing.
3. On such sites where landscaping of the public right-of-way would comply with
the general intent of this Section, 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 review agency; provided that:
a) The area measurement shall not be less than that required by
Subparagraph (b)(3)a. and shall comply with all other design standards and
requirements of this Section.
b) The general planning of the City, with particular respect to the
transportation system, will not be jeopardized.
c) Execution of a revocable permit between the City and the owner for the use
of right-of-way for the purpose of landscaping, with the owner accepting full
financial responsibility for all costs for the movement, replacement and
relocation of the landscaping thereon to the landscape setback should such
permit be revoked by the City. In cases where the City requests a tree-lawn
with a detached sidewalk that is located on property, a revocable permit
shall not be required.
4. Tree-lawns with detached sidewalks in the right-of-way are encouraged and
should be used or restored whenever possible.
5. To prevent gaps of nonlandscaped rights-of-way and to enhance the
appearance of the overall project and community, the applicant must extend
appropriate landscaping from the property line to abutting curb and maintain
said landscaping. Right-of-way landscaping shall count towards the required
seventy percent (70%) living landscape as required by Paragraph (b)(4).
6. When the placement of a building or structure, as permitted by the zone district
regulations, prohibits the installation of the landscape setback, other treatments
located in the right-of-way, including but not limited to tree pits, tree-lawn, flower
pots, movable planters or brick pavers, may be permitted by the Administrative
Official, if compatible with the surrounding neighborhood, as official substitutes
. However, slopes
for the landscape setback and shall not require a variance.
greater than 4:1 shall not be allowed in the landscape setback area.
Parking lots, additions, and new buildings within the City’s Established
7.
Development Area may encroach into the front yard setback up to the
average front yard setback of the existing principal structures on adjacent
lots on the same street frontage. In these cases, the Landscape Setback
Area requirement may be modified by the Land Use Administrator to be
narrower than ten (10) feet, provided that alternate landscape treatments
are installed that meet the intent of paragraph five (517.4.7.(3)(a)(6).
SECTION 4.
This Ordinance, and the amendments made herein to Title XVII of the Pueblo Municipal
Code shall be subject to administration and enforcement in accordance with Chapters 5 and 7 of
Title XVII, Pueblo Municipal Code, as amended. Any person who violates any provision of this
Ordinance or the amendments made herein to Title XVII of the Pueblo Municipal Code shall be
guilty of a municipal offense and subject to punishment and all other remedies as provided in
Chapter 7 of Title XVII of the Pueblo Municipal Code, as amended.
SECTION 5.
This Ordinance shall become effective immediately after final passage and approval.
INTRODUCED: April 9, 2018
BY: Ed Brown
MEMBER OF CITY COUNCIL
APPROVED:
PRESIDENT OF CITY COUNCIL
ATTESTED BY:
ACTING CITY CLERK
PASSED AND APPROVED: April 23, 2018