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HomeMy WebLinkAbout05991ORDINANCE NO. 5991 AN ORDINANCE AMENDING TITLE XVII OF THE 1971 CODE OF ORDINANCES RELATING TO ZONING, SECTION 7 OF CHAPTER 4 RELATING TO LANDSCAPING PERFORMANCE STANDARDS BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that: (Brackets indicate material being deleted and underlining indicates material being added) Section 1. Section 7, Chapter 4 of Title XVII of the 1971 Code of Ordinances is amended to read as follows: 117 -4 -7: LANDSCAPING PERFORMANCE STANDARDS (a) For the purpose of this Section 17 -4 -7, certain terms and words are herewith defined as follows: (1) Landscape Materials -- approved living trees, shrubs, vines, flowers, grasses, and ground covers; and may include water bodies, crushed rock, sand, wood chips, landscape furniture, and ornamental pieces. (2) Lot -- defined in accordance with the subdivision chapter of the City of Pueblo, Colorado. (3) Present Structure -- a structure in existence on the effective date of this ordinance. The structure shall be considered in existence where there is a foundation capable of being constructed upon in compliance with the Uniform Building Code as adopted. (4) Review Agency -- the review agency for the purpose of this ordinance shall be appointed by the City Manager or his authorized representative. (5) Unimproved Lot -- a lot shall be considered unimproved when there is no structure existing upon it, as defined in (a) (3) of this Section. (b) The provisions of this Section 17 -4 -7 shall apply to property presently zoned or which is later zoned within the following zone districts and used partially or solely for commercial or industrial activities: R -5, R -6, B -1, B -2, B -3, 0 -1, and I -1, when one of the following occurs: 1 (1) The construction or erection of any building or other structure upon an unimproved lot. (2) Additions or alterations to a present structure(s) or the erection or placement of an additional structure or structures upon the lot or non - subdivided property resulting in a percentage increase in the gross floor area exceeding fifty (50) percent of the present structure(s). All such additions, alterations, repairs, and additional structures shall be considered cumulative in determining the percentage increase. (c) The required landscaping shall be determined and located as follows: (1) The minimum required landscape area shall be that portion of land contiguous to a public street right -of -way, and extending to a depth of ten (10) feet; excluding vehicular access ways and walkways approved by the City. Through lots and corner lots shall provide landscaping along all contiguous public street rights -of -way. Except that; (2) On such sites where the geology, soils, drainage, topography or other physical characteristics of the land would create a hardship in the development and /or maintenance of the landscaping or where easements, pedestrian ways, trail systems, existing vegetation, continuity of design concepts within the district, parking design, emergency vehicle access or other matters of public health, safety, or welfare would be promoted; the landscape area may be a portion located within the front setback, and having an area measurement not less than that required by subsection 17- 4 -7(c) (1) and shall comply with all other design standards and requirements of this Section 17 -4 -7. Such changes in location are subject to the approval of the designated review agency. (3) On such sites where landscaping of the public right -of -way would comply with the general intent of the ordinance, the transfer of the area requirements, or a portion thereof, from within the property line to the public right -of -way may be approved by the designated review agency; provided: (i) The area measurement shall not be less than that required by subsection 17 -4 -7 (c) (1) and shall comply with all other design standards and requirements of this ordinance. 2 (ii) The general planning of the City, with particular respect to the transportation system, will not be jeopardized. (iii) Execution of a revokable 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 should such permit by revoked by the City. (d) The design standards and requirements for the required landscape area are as follows: (1) At least seventy (70) percent of the required landscape area, as measured at the ground surface, shall be covered with approved living landscape materials. Water bodies, boulder groupings, crushed rock, sand, wood chips, landscape furniture, and ornamental pieces. singly or in combination, shall not account for more than thirty (30) percent of the required landscape area at the time of installation or thereafter. (2) At least one tree shall be provided for each three hundred (300) square feet, or portion thereof, of area required to be landscaped. (i) Each required tree shall have an expected height of twenty (20) feet or more at maturity. (ii) Each required tree shall have a caliper of at least one and one quarter (1 -1/4) inches when installed. (3) No tree, as measured from its center, shall be located as follows: (i) within ten (10) feet of a street light standard; (ii) within five (5) feet of a fire hydrant; (iii) within five (5) feet of vehicular access way; or (iv) within five (5) feet of a public sidewalk. 3 (4) At least one shrub shall be provided for each seventy -five (75) square feet, or portion thereof, of area required to be landscaped. (i) Each required shrub shall have at least an area of sixty (60) square inches, as determined by multiplying the height by spread, when installed and thereafter. No shrub, as measured from its perimeter, shall be located as follows: a. within five (5) feet of a fire hydrant; or b. within five (5) feet of a vehicular access way if the planted or main- tained height is greater than two (2) feet. (e) (5) All landscape material located within the sight distance triangle shall be two (2) feet or less in height, or have a clearance of at least eight (8) feet beneath the lowest branch or projection. (6) No permanent impervious surfacing or sub - surfacing shall be located around the base of any tree or shrub which may impede the growth of the tree or shrub. (7) Only those trees, shrubs, vines, flowers, grasses, and ground covers contained on the list of "Approved Living Landscaped Materials" shall be installed or maintained within the required landscaped area, unless the Planning and Zoning Commission permits an experimental living material to be used. The Landscape Plan shall include at least the following information: (1) A linear scale, north arrow, name and address of person or firm preparing the Plan, common and legal description of the property, name of streets contiguous to the property lines, and the total square footage to be contained in the area to be landscaped. (2) Location of vehicular access ways, walkways, fire hydrants, street light standards, rights - of -way, and utility lines or easements within 4 or affecting the design of the landscape area. (3) Location of the sight- distance triangle when applicable. (4) A planting plan giving the location and identification of all landscape material to be installed and a general rendering of any ornamental piece which will cover more than twenty -five (25) square feet. (5) A plant inventory giving the botanical and common name, number and approximate installation size of the trees, shrubs, and vines; and the botanical and common name and square foot coverage of the flowers, grasses, ground covers, and other landscape materials to be used in the landscape area. (f) The Landscape Plan review procedure shall be as follows: (1) The Landscape Plan shall be submitted to the City's designated agency for review and approval (2) The designated agency shall either approve or reject the Landscape Plan within thirty ( 3 0 ) days from the date of submission, unless an extension of time is authorized in writing by the applicant. (i) If the Plan is rejected, the applicant shall be notified in writing as to the reason for rejection. (ii) Failure to approve or reject the Plan within the prescribed time shall constitute approval of the plan. (3) The City shall retain at least one approved copy of the Landscape Plan. (4) The Landscape Plan may be revised from time to time, provided all revisions are approved and recorded by the designated agency. (5) A Plan which uses experimental landscape material, or a Plan which does not comply with the specific design standards and requirements of this ordinance shall be submitted to the Planning and Zoning Commission for their approval prior to submission to the designated agency. (6) The designated agency shall reject any Landscape Plan or revision thereto which does not comply with the design standards and requirements of this ordinance, or which contains living landscape materials not on the "Approved Living Landscape Materials" list, unless the Commission has approved such a variation in accordance with 17- 4- 7(h)(2) or (3) . (g) Enforcement of the provisions of this Section 17 -4- 7 shall be as follows: (1) No Certificate of Occupancy shall be issued until a Landscape Plan has been approved. (2) All landscaping as shown on -the Landscape Plan shall be installed within sixty (60) days from the date the Certificate of Occupancy is issued, except that the designated agency may extend the time for those species whose planting seasons dictates such extension. (3) The landscape area shall be installed and maintained in compliance with the Landscape Plan. Failure to install and maintain the landscape area in compliance with the Landscape Plan shall result in the property being noncompliant with the zoning performance standards of the district it is in, and in such case the following may occur: (i) The Director of the Department of Zoning Administration or his authorized representative shall serve notice of such noncompliance upon the owner(s) of record in accordance with the provisions of Section 1 -1 -11 of this Code. (ii) If the property is not brought into compliance within thirty (30) days from receipt of the above notice, the Director of the Department of Zoning Administration or his authorized representative may take any of the following actions: (a) Revoke the certificate(s) of occupancy. 6 (b) Contract with a licensed landscape company to bring the property into compliance, and the cost of such work plus incidental costs and a twenty (20) dollar City handling fee shall either be charged against the property or owner(s) thereof as provided in Chapter 7, Title XIV of this Code or charged against the property owner(s), and may be pursued as a civil debt with costs and attorney fees payable by said owner(s). (c) Seek enforcement in accordance with Section 17 -7 -3 of this Code. (4) Dying, dead, diseased, or pest infested materials may be considered as constituting a failure to maintain the landscape area. (h) The Planning and Zoning Commission is directed and authorized to do the following: (1) The Planning and Zoning Commission shall adopt a list of trees, shrubs, vines, flowers, grasses, and ground covers which are native or adaptable to Pueblo's climate and soils, and which will not constitute a nuisance or hazard to the public health, safety or welfare. The list shall officially be titled "Approved Living Landscape Materials." The Commission may revise the list at any regular meeting. (2) The Commission may permit the use of living landscape materials not contained on the "Approved Living Landscape Materials" list, on an experimental basis. The Commission may withdraw its permission if the material becomes, or indicates it will become, a nuisance or hazard to the public health, safety or welfare, or does not perform as anticipated. Withdrawal of permission shall result in the property, having such experimental material becoming non- compliant and subject to the provisions of this ordinance governing such status. 7 (3) The Commission may permit variations from the design standards and requirements, area requirements, or location requirements; provided the general intent of this Section 17 -4 -7 is secured. I 17 -4 -7: LANDSCAPE PERFORMANCE STANDARD 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. (1) DEFINITIONS Definitions for the terms used in the Landscape Performance Standards are as follows: 1& B erm An earthen mound designed to provide visual interest. screen undesirable views, and /or decrease noise. _(BI Buffer A combination of physical space and vertical elements. such as plants. berms. fences or walls. the purpose of which is to separate and screen incompatible land uses from each other. 1C1 Designated Review Agency The review agency for the purpose of this Ordinance shall be appointed by the City Manager or his authorized representative. 1-DI Evergreen Tree A tree with foliage that persists and remains green year around, JU Landscape Setback Area The landscape setback area extends ten (10) feet into the private property contiguous to a.public (street) right- of-way, �_ Living Landscape Materials Living trees, shrubs, vines, flowers, grasses, lawn and ground covers. property and public rights of way. (G) Nonliving Landscape Materials Crushed rock, sand, wood chips, outdoor furniture, ornamental nieces. and structural features. in Ornamental Tree A small deciduous tree, twenty five (25) feet or less in height at maturity, planted primarily for its ornamental value such as flowers, leaf color, size or shape, �1 Parking Lot Tree A shade tree that is planted in a designated area within a parking lot. Public Right -of -Way Public right -of -way is that area between the property line and the edge of asphalt, or back of curb and gutter associated with a public road also defined as sidewalk in the Section 42 -1 -102 (71), Colorado Revised Statutes. LKI Screen A method of reducing the impact of noise and unsightly visual intrusions with less offensive or more harmonious elements such as plants, berms, fences, walls, or any appropriate combination thereof. Shade Tree A deciduous tree exceedinct twenty five (25) feet in height at maturity planted for its high crown of foliage or overhead canopy. JK Shrub A woody plant, smaller than a tree, consisting of several small stems from the ground, or small branches near the ground, may be deciduous or evergreen. M Sight Distance Triangle For purposes of this section, Sight Distance Triangle refers to: a) Intersections, as described in section 17 -4 -21, and b) Driveways and Alleys: For any driveway or alley in the zones as described in 17 -4 -7 (2) (a) , nothing shall be erected, placed. planted, or allowed to grow in such a manner as materially to impede vision between a height of two (2) and eight (8) feet, above the roadway sidewalk grade in the area bounded by the center line of a driveway or alley and the curbline of a street and a line Joining a point along said street line 150 feet from the center line of the driveway or alley to a point along said centerline ten (10) feet from the curbline. Such distances may be increased or decreased at the discretion of the city traffic engineer based on unusual roadway speeds or traffic condition. (0)_ Street Tree A shade tree, planted or growing within fifteen (15) feet of the edcfe of asphalt or back of curb. (P) Unimproved Lot A lot shall be considered unimproved when there is no building existing upon it. (2) APPLICABLE ZONES A) The provisions of this Section shall apply in the following zone districts: R -4, R -5, R -6, B-1,-B-2, B -3 B -4, H -B, I -1, I -2, 0 -1, S -1, S -4, and S -5 when one of the following occurs within the above mentioned zones: (1)_ The construction or erection of any building upon any lot; or, (2) . Any addition of thirty -five percent (35%) of the gross square footage of.an existing building (3) The construction of any building in the specific B- 4 zone district of Downtown, Minnequa, Mesa Junction and Union Avenue, as defined on map, which does not allow for the required ten (10) foot landscape setback shall be required to plant street trees in public right of way wherever possible. (3) LANDSCAPE LOCATIONS -A.Z Landscape Setback Area L1Z At least one (1) shade tree and five (5) shrubs or 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 10 portion thereof, of frontage, excluding driveway openings. LU 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) Fifty percent (50 %) of the total landscape setback area tree requirement may be composed of evergreen or ornamental trees. 14L On such sites where landscaping of the public right -of -way would comply with the general intent of the ordinance, the transfer of the area requirements, or a portion thereof, from within the property line to the public right -of -way may be apRroved by the designated review agency: provided: Li, The area measurement shall not be less than that required by subsection 17 -4 -7 (c)(1) and shall comply with all other design standards and requirements of this ordinance. ii The general planning of the City, with particular respect to the transportation system, will not be ieogardized, iii) 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. ,jam Street trees in the right -of -way are encouraged. LU Parking Lot LU Five percent (5%) of the parking lot area shall be landscaped. (2) Parking lot landscaping must be located in "islands." Islands must be evenly spaced throughout the entire parking area. .(il Island which separate rows of parking stalls shall be a minimum of eight feet wide. ili Islands which are adjacent to parking stalls shall be a minimum of seventy -five (75) square 11 feet in area with a six (6) foot minimum width. Ll One shade tree and three shrubs or one shade tree and 25 square feet of living ground cover instead of each shrub shall be planted in each island. Landscape shall be protected by standard curb head. ICI Parking Lot Screen ill Parking lots contiguous to a street shall be screened from view from public streets by vegetative barriers consisting of at least one (1) tree per thirty linear feet in combination with one of the following: lal. Ten shrubs per thirty linear feet. The shrubs shall have a minimum height of three feet at maturity; or jb)„ A berm with twenty -five square feet instead of each shrub of living ground cover; or (C) Opaque structure at a minimum height of three feet with landscape setback requirements planted on right -of -way side of wall. 121 Trees RlInted in the landscape setback area can be located in groups of up to three (3 ) trees or in irregular alignment instead of uniform spacing. Parking lot screen requirements may be located in setback area. 141 Screening located within the driveway sight distance triangles shall have a maximum height of two (2) feet at maturity. j51 Landscape shall be protected by standard curb head or bumper block. LDA Buffer (1) A buffer shall bg provided between residential and non - residential land uses. The buffer shall abut the property line and extend into the non- residential property. 121 The buffer shall be at least ten (10) feet wide except for that area abutting a permanent structure that is built to the edge of the zone district 12 setback, and shall consist of the following: At least one (1) tree for every twenty feet of length of the property line and an approved opaque fence or structure at least six (6) feet in height. (Ej_ Outdoor Trash Storage I.l Trash containers shall be completely screened from public view of adjacent nonindustrial property and public streets. Containers shall be screened by a building, an approved opaque fence or wall. or an evergreen planting creating a continuous screen at least five (5) feet in height at time of installation. Metal or plastic chain link fence slats shall be permitted only in conjunction with evergreen ulanting. ja Trash containers shall be located within property lines and not on public rights of way. or within landscape setback areas. 1.x..1. IFj_ Landscaped Open Space Ill Designated landscaped open space areas as provided 121 At least one (1) tree and five (5) shrubs or twenty -five (25) square feet of living ground cover instead of each shrub shall be provided for every five hundred square feet of required landscaped open space. (4) MINIMUM LANDSCAPE REQUIREMENTS JAL Living Landscape Material 111 At least seventy percent (70 %) of the minimum required landscape area in the setback, Barking lot, parking lot screen and open space areas as 13 prohibited. measured at the ground surface, shall consist of ground cover by living plant material. La1 The foliage crown of trees shall not be used toward the seventy percent (70 %) requirement. Lbl Spreading, shrubs used as ground cover shall be planted at a maximum spacing of five (5) feet on center for five (5) gallon material per 25 square feet or three (3) feet on center for two (2) gallon material per 25 square feet. jdl Water features may count for up to fifty (50) percent of the minimum landscape requirement upon approval of the Designated Review Agency. J B1 Nonliving Landscape Material No more than thirty percent (30 %) of the required landscape area in the setback, parking 10t, parking lot screen and open space areas as measured at the ground surface, shall consist of ground cover by nonliving plant material. _{C)_ irrigation Requirement 1 All required landscape areas shall include a permanently_ installed irrigation system, unless a planting and maintenance plan not dependent on a permanent system has been approved. (5) LANDSCAPE MATERIAL SPECIFICATION JU Minimum plantinglinstallation specifications l-1 Minimum size for a shade tree shall be one and one - half (1 1l2) inch caliper measured six (6) inches above ground and shall have an expected height of twenty -five (25) feet or more at maturity. L1 j_3, Minimum size for an evergreen tree shall be three 14 ground cover. Minimum size for an ornamental tree shall be one and one-half (1 -1[2) inch caliper measured six (6) (3) feet in height above ground. j4) Minimum size for a shrub shall be five (5) gallon, (or five one (1) gallon, or three two (2) gallon size as eauivalents), except when used for ground cover standards. LU Minimum size for a ground cover and vines shall be two and one auarter (2 -1/4) inch container planted at a minimum spacing of 18 inches on center. JAI The landscape plan shall incorporate a variety and mixture of species to avoid destruction of a single species through blight and /or disease. in Plant material shall conform to the requirements as described in the latest edition of the American Standard for Nursery Stock which is published by the American Association of Nurserymen. 1B1 Native Plant Material Ill The use of native, drought resistant nursery stock is encouraged. -(Cl Restricted Use or Prohibited Landscape Species LIJ It shall be unlawful to plant in any public right of way in the City any tree of the Populus genus, except the cottonless varieties of Cottonwood, or fruit bearing Mulberry; and no upright evergreen trees or shrubs, or hedges shall be planted in any public right of way except upon approval of Designated Review Agency. Planting the Boxelder (Acer negundo) tree is prohibited. (6) INSTALLATION REQUIREMENTS LA1 No tree, as measured from its center, shall be located as follows: Ill Within ten (10) feet of a street light pole. j21 Within five j5) feet of a fire hydrant. 131 Within ten (10) feet of a vehicular access way. JA)- Within four (4) feet of a public sidewalk or curb unless a root barrier device is used. 15 No shrub. as measured from its perimeter. and with mature height exceeding twelve (12) inches, shall be located as follows: (1) Within five (5) feet of a fire hydrant. Within five (5) feet of a vehicular access way if the planted or mature height is greater than two (2) feet. I All landscape material located within the Sidht Distance Triangle shall be two (2) feet or less in height, or have a clearance of at least eight (8) feet beneath the lowest branch or projection. IDZ No permanent impervious surface or subsurface shall be located within a minimum of two (2) feet from center of the base of any tree or shrub. (7) LANDSCAPE PLAN REQUIREMENTS I_ A landscape plan or a plot plan designating the area to be landscaped must be submitted and preliminarily approved by the Designated Review Agency before a building permit is issued the Pueblo Regional Building Department. The landscape plan shall include at least the following information: L11 A linear scale, north arrow. name and address of person or firm preparing the plan, common and legal description of the property, names of streets contiguous to the property lines, and the total square footage to be contained in the area to be landscaped. L21 Location of the Sight Distance Triangle when applicable. Location and identification of all landscape material to be installed and a general rendering of any ornamental piece or structure which will cover more than twenty five (25) square feet. Plant material shall be drawn at mature size. L41 A plant inventory giving the botanical and common area. 16 (8) REVIEW PROCEDURE ENFORCEMENT AND MAINTENANCE LU The landscape plan review procedure shall be as follows: Ill The landscape plan, or a plot plan designating area to be landscaped shall be submitted to and Preliminarily approved by the City's Designated Review Agency before a building permit is issued, IU A complete plan shall be submitted for review to the Designated Review Agency. The Designated Review Agency shall either approve, approve with modifications, or reject the landscape plan within twenty (20) days from the date of submission. (a) If the plan is approved with modifications or rejected, the applicant shall be immediately notified in writing as to the reason and the right of appeal as provided in subsection 9 below. b) If applicant has not been notified within twenty days, the landscape plan shall be considered approved as submitted. -. The City shall retain at least one approved copy of the landscape plan. L4Z_ „ The landscape plan may be revised from time to time, provided all revisions are approved by the Designated Review Agency. 1 5 1 All landscaping as shown on the Landscape Plan shall be installed before a Certificate of Occupancy is issued. The Designated Review Agency may extend the planting time when there is extenuating circumstances such as adverse weather or plant availability. ,B_ Maintenance The owner shall install and maintain of all landscaping, in a healthy, neat and orderly appearance free from refuse and debris. Maintenance shall include the replacement of all dead plant material within thirty (.30) days of citation, weather permitting. 121 Regular and normal maintenance of landscaping includes weeding fertilizing, pruning, mowing, and irrigating. It shall be the responsibility of the property owner to maintain any landscaping in the 17 public rights -of -way as defined in this Section. JCJ Enforcement (1) The Director of the Department of Zoning or his authorized representative shall serve notice of noncompliance upon the property owner(s) in accordance with the provisions of Section 1 -1 -11. ( If the property is not brought into compliance within thirty (30) days from receipt of the above notice, the Director of the Department of Zoning Administration or his authorized representative may take any of the following actions: aal Contract with a licensed landscape contractor to bring the property into compliance with the approved landscape plan. The cost of such work plus 25% for incidental costs fee, but not less than $100, shall be charged against the lot or premises upon which such expense was incurred or pursued as a civil debt with costs and attorney's fees payable by property owner(s). JhL Seek enforcement in accordance with Section 17 -7 -3. (c) Revoke the Certificate of Occupancy. 19.Z Appeal Procedures JAI Variances. 11 In the event these landscapina requirements do no spear reasonable when applied to a specific use or combination of uses, the applicant may apply to the Zoning Board of Appeals for a variance, but the variance may not reduce the required amount of landscapina by more than fifty (50) percent. (2) In the granting of such a variance, the Planning and Zoning Commission may take into consideration the following. landscape; ii The effect strict adherence to the requirements of this section would have on the appropriate development of the land and use: 18 (iii) The public welfare and interest of the City and surrounding area. Section 2 This ordinance shall become effective upon final passage. INTRODUCED June 12 , 1995 By: charley Jones Councilperson APPROVED: X /,/&t4,� /J"t, _ sident of City Council ATTEST: Acting City lerk 19