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City Clerk’s Office Item # R-12
BACKGROUND PAPER FOR PROPOSED
ORDINANCE
COUNCIL MEETING DATE:
November 12, 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, 17-4-46, 17-4-47, 17-4-48, 17-4-49
OF CHAPTER 4 OF TITLE XVII OF THE PUEBLO MUNICIPAL CODE
RELATING TO INDUSTRIAL DEVELOPMENT PERFORMANCE
STANDARDS AND PROVIDING PENALTIES FOR VIOLATION THEREOF
SUMMARY:
Attached for consideration is a text amendment that will amend Title XVII of the Pueblo
Municipal Code relating to industrial development performance standards.
PREVIOUS COUNCIL ACTION:
None.
BACKGROUND:
The City of Pueblo has recognized a need to revise the City’s development standards for
industrial development to allow flexibility in design reflecting the functional purpose of the
development, while still promoting an appropriate level of aesthetic appeal. It is expected
that the proposed changes will promote industrial development within the City having a
positive impact on the overall economy.
Presently, all industrial structures must adhere to either the “Large-Scale Development
Performance Standards,” “Medium-Scale Development Performance Standards,” or
“Small-Scale Development Performance Standards” when constructing a new building or
adding on more than 35-percent of the existing structure. The current development
standards were designed for urbanized commercial districts and new greenfield
commercial development. The current standards limit façade materials and require
surface treatments that are not always practical for industrial development. The standards
proposed for industrial development allow for more flexible design while ensuring that
structures are built to display architectural interest and pedestrian scale improvements in
the urbanized industrial areas of the City.
FINANCIAL IMPLICATIONS:
There are no financial implications for the City.
BOARD/COMMISSION RECOMMENDATION:
The Planning and Zoning Commission, at their October 24, Special Hearing, voted 5-0 to
recommend approval.
Motion passed 5-0 (Castellucci and Lujan-Slak absent).
STAKEHOLDER PROCESS:
A Notice of Public Hearing was published in the Pueblo Chieftain and Public Hearings
were held before the Planning and Zoning Commission
ALTERNATIVES:
If City Council does not approve this Ordinance, Title XVII of the Pueblo Municipal Code
will not be amended to reflect the proposed changes.
RECOMMENDATION:
Approval of the Ordinance.
Attachments: Minutes of the Planning and Zoning Commission October 24, 2018
Special Hearing
Staff Report for Text Amendment TA-17-11
Notice of Public Hearing
ORDINANCE NO. 9381
AN ORDINANCE AMENDING 17-4-7, 17-4-46, 17-4-47, 17-
4-48, 17-4-49 OF CHAPTER 4 OF TITLE XVII OF THE
PUEBLO MUNICIPAL CODE RELATING TO INDUSTRIAL
DEVELOPMENT PERFORMANCE STANDARDS AND
PROVIDING PENALTIES FOR VIOLATION THEREOF
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 to read as follows:
. . .
Sec. 17-4-7-Landscape Performance Standard.
. . .
(b) The landscape performance standards will be used to enhance compatibility of
adjacent uses as well as enhance the aesthetic and environmental character and value
of surrounding neighborhoods and thereby promote the general welfare of the community.
. . .
(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-4, R-5, R-6, RCN, B-1, B-2, B-3, B-4, BP, PUD (when the PUD does
\[I-1, I-2\] Industrial-Zoned
not establish its own landscaping regulations), H-B,
Properties in the Designated High-Visibility Areas,
O-1, CCN, S-1, S-4 and S-
5 when at least one (1) of the following occurs within the above-mentioned zones:
SECTION 2.
Section 17-4-46, Chapter 4, Title XVII of the Pueblo Municipal Code, as amended,
is hereby modified to read as follows:
Sec. 17-4-46. Large-scale development performance standards.
. . .
(d) Applicability. The following development is subject to the requirements of this Section
in addition to complying with all other Code requirements:
. . .
(5) Zone or area districts that have a regulatory design review process, such as the
\[District\] Zone Districts, \[andDesigned Urban
H.B. Zone District, HARP
Renewal Area\] and Industrial Zone Districts
are exempt from these standards.
SECTION 3.
Section 17-4-47, Chapter 4, Title XVII of the Pueblo Municipal Code, as amended,
is hereby modified to read as follows:
Sec. 17-4-47. Medium-scale development performance standards.
. . .
(d) Applicability. The following development is subject to the requirements of this Section
in addition to complying with all other Code requirements:
. . .
(3) Development in zone or area districts that have a regulatory design review
and Industrial Zone
process, such as the H.B. Zone District, HARP Districts,
Districts
are exempt from the standards of this Section.
. . .
(e) Design standards, which shall include the following:
. . .
(3) Prefabricated metal buildings are prohibited, and no variance shall be granted or
\[; except that the Administrative Official, may permit prefabricated
allowed
metal buildings, if it can be demonstrated to the satisfaction of the
Administrative Official, that the property meets the following requirements
and is compatible with all of the surrounding zone districts, uses and
structures:
a. Zoned Industrial with all sides and roof visible from public and
nonindustrial properties fully clad with an allowable material; or
b. Located in an industrial park\]
.
SECTION 4.
Section 17-4-48, Chapter 4, Title XVII of the Pueblo Municipal Code, as amended,
is hereby modified to read as follows:
Sec. 17-4-48. Small-scale development performance standards.
. . .
(d) Applicability. The following development is subject to the requirements of this Section
in addition to complying with all other applicable Code requirements:
. . .
(3) Development in zone or area districts that have a regulatory design review
\[.\],,and Industrial Zone
process, such as the H.B. Zone District HARP Districts
Districts are exempt from the standards of this Section.
. . .
(e) Design standards, which shall include the following:
. . .
(3) Prefabricated metal buildings are prohibited, and no variance shall be granted or
\[; except that the Administrative Official, may permit prefabricated
allowed
metal buildings, if it can be demonstrated to the satisfaction of the
Administrative Official, that the property meets the following requirements
and is compatible with all of the surrounding zone districts, uses and
structures:
a. Zoned Industrial with all sides and roof visible from public and
nonindustrial properties fully clad with an allowable material; or
b. Located in an industrial park\]
.
SECTION 5.
Section 17-4-49, Chapter 4, Title XVII of the Pueblo Municipal Code, as amended,
is hereby modified to read as follows:
\[Secs. 17-4-49—17-4-50. - Reserved.\]
Sec. 17-4-50.-Reserved
Sec. 17-4-49. Building and Site Design Standards for Industrial Zone Districts.
(a)General Intent. The Building and Site Design Standards for Industrial Zone
Districts are intended to promote the health, safety, general welfare and visual
appearance of industrial development; enhance economic vitality; promote street
and neighborhood character; and to strengthen the health and well-being of the
community by providing aesthetic improvements and opportunities for social
interaction within urbanized industrial areas. Industrial zoned development sites
within designated High Visibility Areas, as identified in Figure 4.49.1, are required
to provide a higher degree of architectural improvements than industrial zoned
sites in lower visibility areas. Figure 4.49.1 delineates High Visibility sites that are
currently zoned industrial and those that could potentially be zoned industrial in
the future, all other Industrial Zoned properties are considered low visibility areas
or sites. An application for a variance, of specific requirements within this section
may be considered by the Zoning Board of Appeals under the provisions of Section
17-5-34 through Section 17-5-38 of the Pueblo Municipal Code.
Figure 4.49.1
(b) Applicability.
(1) Provisions of this section shall apply to all industrial zoned properties for
which an application for development has been submitted after the
effective date of the approval of these standards within High Visibility and
Low Visibility areas identified on the attached Figure 4.49.1 unless
otherwise specified.
(2) Provisions of this section shall apply to the following:
a. Construction of a new structure.
b. Additions to a building that increases the total square footage of the
structure by thirty-five (35) percent or more. If the addition equals or
exceeds 35-percent of the existing structure, the original structure
must be brought into compliance with, and the new addition must
adhere to, the building and site design standards for Industrial Zone
Districts.
(c)Building Orientation.
(1) Primary FacadesA building’s primary façade(s) includes all façade(s)
:
adjacent to public right-of ways. A primary façade shall serve as the main
access point to a building or building unit. In situations where it is not
possible for a building’s primary entrance to be located adjacent to a
public right-of-way, façade(s) adjacent to a major access drive and/or
primary parking area serve as the primary façade(s). A parcel or lot may
have multiple primary facades depending upon the location of adjacent
rights-of-way and the structure’s primary entrance.
(2) Secondary Façades: A building’s secondary façades shall consist of all
other facades that are not defined as a primary façade.
(d) Screening.
(1) Chain link fencing, with or without screening attachments, is not an
acceptable screening mechanism along primary facades. Chain link
fencing may be used for screening or security purposes along secondary
facades, as long as the fence is set back from the right-of-way and is not
visually obtrusive.
(e) Design Standards High Visibility Areas – These standards apply to all
industrial zoned properties within High Visibility areas identified on the
attached Figure 4.49.1 unless otherwise specified.
(1) Building Architectural Standards
a. Requirement for four-sided design: A building’s special architectural
features and treatments shall not be restricted to a single façade. All
sides of a building open to view, whether viewed from public or
private property, shall display appropriate architectural interest as
required in Subsection 17-4-49, (e), c., 1. .
b. Building Entry and Office Space: Entry and office spaces shall be
distinguished from the building mass.
c. Building Mass and Form: Large, square, “box-like” structures with
unbroken flat walls are not an acceptable form. Architectural
elements with smaller forms stepping outwards and down shall be
encouraged. The design of all buildings shall employ a variety of
elements as required in Subsection 17-4-49,(e), c., 1.
1. An industrial building’s primary façades shall incorporate a
minimum of five (5) of the following elements. Secondary
facades shall incorporate a minimum of two (2) of the
following elements:
i. Change in color;
ii. Graphical patterning,
iii. Changes in texture or material;
iv. Projections, recesses and reveals;
v. Windows and fenestration;
vi. Awnings or canopies
vii. Arcades and pergolas;
viii. Towers;
ix. Gable projections;
x. Horizontal or vertical breaks; or
xi. Other similar techniques.
d. Building Roofs: All roof areas visible from any public or private right-
of- way, shall be surfaced with attractive and durable materials.
1. Flat roofs with less than a 1/12 roof pitch, shall incorporate
roof treatments that break up the roof plain, which may
include a variety of vertical, horizontal or step-out
treatments.
2. Pitched roofs shall incorporate overhanging eaves that
extend twelve (12) inches from the facade; varying
rooflines that may include dormers, multiple heights,
slopes, and/or projections.
(2) Building Site Development Standards:
a. Service and Loading Areas: Service and loading areas shall not be
located along primary facades. The Administrative Official has the
authority to allow service and loading areas along primary facades
in situations where a documented physical hardship exists,
precluding the construction of the service and/or loading areas from
being constructed on a secondary façade.
b. Accessory Buildings: All accessory buildings visible from a public
street shall be similar in color and material to the principle structure
on a site.
c. Outdoor Storage Areas: All outdoor storage areas must be located
behind or to the side of the principle structure along secondary
facades or within the rear yards of the site. Outdoor Storage Areas
shall be fully screened with closely planted evergreen landscape
material, architecturally compatible material or complimentary
opaque screening materials that provide visual interest.
d. Refuse and and/or Recycling Containers: Refuse and/or recycling
collection containers shall not be visible from the public rights-of-
way, pedestrian areas and adjacent residential properties. Refuse
and/or recycling containers shall be fully screened with closely
planted evergreen landscape material, architecturally compatible
material or complimentary opaque screening materials that provide
visual interest.
e. Parking: Parking areas located adjacent to the primary facade shall
be used for passenger vehicles only. All commercial vehicles shall
be parked in the rear or side portions of the property. If the property
has multiple frontages, the higher classification roadway shall be
considered the front with respect to the location of parking.
(3) Mechanical Equipment Screening:
a. Roof-Mounted Mechanical Equipment: Equipment whether located
on flat or pitched roofs, shall be completely screened from the
ground level and the public right-of-way by parapet walls or
structural features that are consistent with the architectural
elements, materials, and colors of the primary structure.
b. Wall-mounted mechanical: Mechanical and electrical equipment
mounted on primary and secondary facades are discouraged. If
equipment is mounted on a wall, the equipment should be screened
by dense evergreen foliage or other architecturally compatible
screening mechanisms and be mounted on a secondary
façade. Wall-mounted mechanical equipment on secondary facades
shall be painted to match the color of the subject building or
screened by other acceptable devices.
c. Ground Mounted Mechanical Equipment: Ground-mounted
mechanical equipment, excluding transformers, adjacent to primary
facades shall be screened through use of walls, earth berms, dense
evergreen foliage or other acceptable screening devices. Secondary
facades have no screening requirements.
(4) Landscaping: Industrial site landscaping will be used to enhance
compatibility of adjacent uses as well as enhance the aesthetic
character of the industrial site. Industrial zoned properties, including
I-3, Heavy Industrial properties, in the designated High Visibility Areas,
shall comply with the requirements of Section 17-4-7 (b) (2),
with the following exceptions:
Landscape Performance Standard
a. Industrial Site Improvements: All portions of the industrial parcel,
adjacent street rights-of-way, and alleys upon which it fronts shall
be landscaped, paved, fenced, planted or covered by buildings, so
that no dust will blow off the site and no soil or debris will be washed
upon the sidewalks, alleys or streets from the parcel in the event of
a rainstorm.
b. New Freestanding or Monument Sign: The installation of a new
freestanding or monument sign, on a previously developed site,
shall require compliance with sign landscaping in lieu of full
landscaping as required by Section 17-4-7 of this title. Sign
landscaping shall consist of a twenty (20) foot wide landscaped area,
around the entire perimeter of the sign, and include a mixture of two
(2) of the following landscaping elements: trees, shrubs, grasses
and boulders to accentuate the sign. The Administrative Official
may allow a reduction in the required twenty (20) foot width of the
perimeter landscaping, if it can be demonstrated that a development
site hardship exists, and appropriate visual appeal is achieved
within the reduced width.
c. Shade Trees: The number of shade trees required by Section 17-4-
7(b)(3) a.1. of this title is reduced to one (1) shade tree for every fifty
(50) linear feet of street frontage.
d. Parking Strips: Parking strips may be used in lieu of parking lot
islands. The parking strip shall have a minimum width of nine (9)
feet and extend the entire length of the parking area and include
one (1) shade tree every fifty (50) feet
.
Parking Island / Parking Strip Diagram
e. Stormwater Drainage and Detention: On-site stormwater drainage
and detention facilities shall be constructed in compliance with the
City’s Drainage Criteria Manual (June 9, 1997) and the City’s
Standard Construction Specifications and Standard Details (March
25, 2005) or as same may be later amended. On-site stormwater
facilities are not required to be landscaped with turfgrass if placed
behind the building structure and are not visible from public rights-
of-way.
f. Fencing and Screening Walls: All fences and screening walls in line
with or along primary facades, shall be constructed with decorative
blocks, brick, stone, treated wood or ornamental metal. Expanses of
screening walls fifty (50) linear feet or greater, shall be broken up
with material, plain and elevation changes, which may include
curvilinear design, periodic columns, insets, or landscape pockets.
Chain link fencing is only permitted to be used along secondary
frontages.
g. Vehicular Circulation and Access: On-site vehicular circulation shall
have an adequate length of stacking for industrial facilities,
including but not limited to loading, docks, gated entrances, and
terminals that do not interfere with the movement of vehicular and
pedestrian traffic (on or off-site) and minimize vehicular impacts to
adjacent properties.
(f) Design Standards Low Visibility Areas– Low Visibility Standards apply to all
industrial zoned properties that are not identified as High Visibility Areas
on Figure 4.49.1 unless otherwise specified.
(1) Building Architectural Standards
a. Requirement for façade design: A building’s special architectural
features and treatments in a Low Visibility Area may be limited to
primary facades that front a street right-of-way and major access
drives.
b. Building Entry and Office Space: Entry and office spaces shall be
distinguished from the building mass.
c. Building Mass and Form: The design of primary facades shall employ
a variety of the following elements: textured surfaces, projections,
recesses, shadow lines, color, window patterns, overhangs, reveals,
three-dimensional cornice treatments, changes in parapet heights and
similar architectural features to avoid monolithic primary facades and
to emphasize building entries.
1. An industrial building’s primary façade shall incorporate a
minimum of three (3) of the following elements:
i. Change in color;
ii. Graphical patterning;
iii. Changes in texture or material;
iv. Projections, recesses and reveals;
v. Windows and fenestration;
vi. Awnings or canopies;
vii. Arcades and pergolas;
viii. Towers;
ix. Gable projections;
x. Horizontal or vertical breaks; or
xi. Other similar techniques.
(2) Building Site Development Standards:
a. Service and Loading Areas: Service and/or loading areas are
encouraged to be located along secondary facades. If a service and/or
loading area is located along a primary façade, the service and/or
loading area shall be incorporated into the overall architectural design
of the primary structure.
b. Mechanical Equipment: Mechanical equipment attached to a building is
encouraged to be placed on the roof or along secondary facades. All
mechanical equipment placed on primary facades shall be properly
screened with architecturally compatible materials or materials that
provide visual interest.
c. Outdoor Storage Areas: All outdoor storage areas must be located
behind or to the side of the principle structure along secondary facades
or within the rear yards of the site.
d. Refuse and or Recycling Containers: Refuse and or recycling collection
containers shall not be visible from the public rights-of-way, pedestrian
areas and adjacent residential properties.
(3) Landscaping: Low Visibility Area industrial landscaping will be used to
enhance compatibility of adjacent uses as well as enhance the aesthetic
character of the industrial site. I-1, Light Industrial, and I-2, Industrial
District, zoned properties in the designated Low Visibility Areas, are not
required to comply with Section 17-4-7 Landscape Performance Standards;
however, these sites are required to comply with the following landscape
standards:
a.Industrial Site Improvements: All portions of the industrial parcel,
adjacent street rights-of-way, and alleys upon which it fronts shall be
landscaped, paved, fenced, planted or covered by buildings, so that
no dust will blow off the site and no soil or debris will be washed
upon the sidewalks, alleys or streets from the parcel in the event of
a rainstorm.
b. New Freestanding or Monument Sign: The installation of a new
freestanding or monument sign, on either a newly or previously
developed site, shall require compliance with sign landscaping
consisting of a twenty (20) foot wide landscaped area, around the
entire perimeter of the sign, and include a mixture of two (2) of the
following landscaping elements: trees, shrubs, grasses and boulders
to accentuate the sign. The Administrative Official may allow a
reduction in the required twenty (20) foot width of the perimeter
landscaping, if it can be demonstrated that a development site
hardship exists, and appropriate visual appeal is achieved within the
reduced width.
c. Driveway Entrance Landscaping: A landscape area, with a minimum
width of ten (10) feet shall be established adjacent to both sides of a
driveway entrance. The landscape area shall include a mixture of trees,
shrubs, grasses, and ground cover. Living ground cover is
encouraged but not required.
d. On-site Stormwater Drainage and Detention Facilities: On-site
stormwater drainage and detention facilities shall be constructed in
compliance with the City’s Drainage Criteria Manual (June 9, 1997) and
the City’s Standard Construction Specifications and Standard Details
(March 25, 2005) or as same may be later amended. On-site stormwater
facilities are not required to be landscaped with turfgrass if placed
behind the building structure and not visible from any streets adjacent
to the primary or secondary facades.
. . .
Secs. 17-4-50. - Reserved.
. . .
SECTION 7.
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 8
The officers and staff of the City are authorized and directed to perform any and
all acts consistent with the intent of the Ordinance to implement the policies and
procedures described herein.
SECTION 9.
This Ordinance shall become effective thirty (30) days after final passage and
approval.
INTRODUCED November 12, 2018
BY: Ed Brown
MEMBER OF CITY COUNCIL
APPROVED:
PRESIDENT OF CITY COUNCIL
ATTESTED BY:
ACTING CITY CLERK
PASSED AND APPROVED: November 26, 2018