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HomeMy WebLinkAbout09381 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