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HomeMy WebLinkAbout07075ORDINANCE NO. 7075 AN ORDINANCE AMENDING CHAPTER 4 OF TITLE XVII OF THE PUEBLO MUNICIPAL CODE RELATING TO HARP 1, 2 AND 3 ZONE DISTRICTS BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: (Brackets indicate material being deleted; underscoring indicates new material being added.) SECTION 1. Section 17-4- 51(12.2) of the Pueblo Municipal Code is hereby amended to read as follows: (12.2) Historic Arkansas Riverwalk of Pueblo Zone District -One (HARP - 1) a. Purpose. The purpose of the Historic Arkansas Riverwalk of Pueblo Zone District One is to promote retail development that is pedestrian in character, scale and ambiance and that encourages interesting and attractive architectural design solutions for new development while promoting pedestrian and commercial activities, particularly at the river and street levels. As used in this Subsection, Riverwalk shall mean the public areas adjacent to the river channel, and Union Avenue Historic District shall mean the portion of Union Avenue designated as a historic 1 district on the National Register of Historic Places. b. Uses by right. 1 . Office. 2. Residence - commercial, apartments or condominiums. 3. Retail store. C. Uses by review. A use by review is any of the following uses which are permitted only upon issuance of a special use permit: 1. Any use which is permitted as a use by right in a B-4 zone district (except adult entertainment) provided such permitted use does not conflict with surrounding uses in the HARP 1, 2, and 3. and Historic Business zone districts. d. Architectural Review Board. 1. The Architectural Review Board means the Board established and described in Section 17 -5 -51. 2. 2. No building permit shall be issued nor shall any work be undertaken or commenced to construct, reconstruct, remodel, repair, paint, rehabilitate or in any way alter or modify the exterior of any building in a historic business zone district or Historic Arkansas Riverwalk of Pueblo Zone District until the Architectural Review Board has reviewed, approved and issued a written certificate of compliance for such work. e. Performance standards - Building facades that abut a street right -of -way or parking facility. 1. Area. The provisions of these performance standards apply to those facades of buildings, which abut a street right -of -way or parking facility. Other facades of the same buildings may fall under a different set of performance standards. 2. Purpose. The purpose of these performance standards is to ensure a commercial [retail] street that reflects and respects the downtown architecture that is found in the Union Avenue Historic District. The architecture of the buildings borrows from the same scale, rhythm and materials of the older buildings without imitating them. This zone district plays the role of both back door and front door to the Historic Arkansas Riverwalk of Pueblo which makes it necessary for the building designs to be succinct, easy to read, inviting and a smooth architectural transition between the Victorian architecture at street level and the more free flowing architecture facing the Riverwalk. 3. Design objectives. Design objectives for the building facades abutting a street right -of -way or parking lot are: a) Complement the traditional architecture design of the Union Avenue Historic District. b) Provide a smooth visual transition from the street level to the river level. C) Provide an inviting physical entryway into the HARP. d) Take on the appearance and function of a specialty retail cluster. e) Provide a continuity of storefronts located along the sidewalk's edge that creates a pedestrian - oriented shopping environment. 4. Structure mass and orientation. Building orientation shall meet the following conditions: a) Maximum gross floor area is five (5) times the building footprint. b) Maximum height is five (5) stories from the river level or seventy (70) feet, whichever is less. C) There are no setback requirements. The outside building walls are encouraged to be located on the outermost parcel boundaries. d) Each business located at street grade is required to have at least one (1) direct access to a public walkway at street grade. e) The building facade abutting the street right -of -way or parking facility shall have at least fifty percent (50 %) of the street level floor facade area (measured from the street level upward a maximum of twelve [12] feet) devoted to display window and /or windows affording views into the interior area. 5. Exterior architectural design. Exterior architectural design shall meet the following conditions: a) Each business adjoining a street right -of -way or parking facility shall have an articulated or marked facade. b) Each facade shall incorporate traditional facade components such as those seen on Union Avenue including kickplates, display windows, transom windows, recessed entries, sign panel, parapet caps or cornices. C) The distinction between upper and lower floors shall be maintained. d) The first floor is primarily transparent while upper floors are more solid with smaller openings. e) With the exception of the row of windows directly below the parapet, windows on upper stories shall have double hung windows that are taller than they are wide. f) The row of windows directly below the parapet may show a different design or shape than the other exterior windows. g) Awnings are encouraged to provide depth to the facade and to shade the store front glass. W Naturally ventilated parking on the -ground level must be recessed below finish grade by at least fifty (50) percent of the overall height of that stork 6. Exterior building materials and exterior color. Exterior building materials and exterior color shall meet the following conditions: a) Brick shall be the predominant building component. Brick color shall be in red tones (within 1997 S [s]ummit [6]500 series or suitable replacement). b) Where used as the predominant building material, brick shall not be painted. C) Mortar shall be of a natural[, untinted] color. d) Building trim shall be of brick and stone masonry, finished lumber, finished painted metal, ceramic tiles or concrete used as lintels and columns. e) Colors used for mullions and trim shall be from an accepted commercial historic color palette or a color palette approved by the Architectural Review Board. 7. Building roofs. Building roofs shall meet the following conditions: Roofs shall be flat; mechanical equipment on the roof should not be visible from the highest roadway point of any bridge crossing the HARP . 8. Illumination. All lighting or illumination on the exterior of the building shall be reviewed and approved by the Architectural Review Board and shall conform with Section 17 -4 -52 of these ordinances concerning outdoor lighting performance standards. 9. Signs. In addition to complying with City ordinance (Section 17 -2 -1) and the Uniform Building Code, signs shall meet the following conditions: Signs shall comply with the historic business zone district standards for signs. 10. Parking. Due to the desire for downtown development, dual use opportunities and mass transit, [T]the following off - street parking spaces will be required of each use for properties not owned or controlled by the City of Pueblo: a) Residential units: [two (2)] one 1 parking spaces per unit. b) Retail: one (1) parking space per [three] five hundred ([3]500) gross square feet. C) Office: one (1) parking space per five hundred (500) gross square feet. d) Restaurants: one (1) parking space for each five (5) persons of rated occupancy load as established by the edition of the Uniform International or Building Code adopted by City Council. [c)]e) Parking requirements for other uses are listed in Section 17 -4 -43. [d)]f) Variances: If these parking requirements do not appear reasonable to a specific use or combination of uses, the Traffic Engineer, Director of Transportation or the applicant may apply to the Planning and Zoning Commission for a variance. The Planning and Zoning Commission shall hold a public hearing and then make its recommendation to the City Council which shall make the final decision. The variance may reduce some or all of the required number of parking spaces. In determining a variance to the required number of spaces, the Planning and Zoning Commission and the City Council, in addition to other relevant factors, shall consider the following: 1) The general planning of the City with respect to land use, density, parking, traffic and parking facilities; 2) The availability of adequate parking, both in number of spaces and distance from the intended use; 3) The public welfare and interest in the City and surrounding area. The City Council shall determine the number of parking spaces required for each lot and the City Council may, in its discretion, as a condition to the granting of any variance impose a parking investment fee for each lot not to exceed the amounts set forth in Subparagraphs [e)]M1) and 2) below. [e)]g) Parking investment fees: 1) Lots 2, 3, and 4, Historic Arkansas Riverwalk Project Filing No. 1: All exclusive use parking spaces shall be provided by the owner of the lots. Non - exclusive use of two hundred seventy-six (276) off- street- parking spaces developed by the City are allocated as follows: lot 2 - one hundred thirty-seven (137) spaces; lot 3 - sixty-six (66) spaces and lot 4 - seventy-two (72) spaces. The owner of each lot may receive credit against parking requirements for such lot by paying the City of parking investment fee of one thousand five hundred dollars ($1,500.00) for each parking space allocated to the lot. Such payment does not give exclusive use of the parking space nor does it preclude the City from charging a fee for parking in the parking space. If the owner of a lot requires more parking spaces than the paid -for allocated parking spaces to meet parking requirements, the owner may provide the parking spaces onsite or within three hundred (300) feet of the lot, less right -of -way, or by paying to the City a parking investment fee of eight thousand dollars ($8,000.00) for each additional parking space. Unpaid -for allocated parking spaces may be reallocated o other lots. 2) Lots 1, 6 and 7, Historic Arkansas Riverwalk Filing No. 1: to meet parking requirements, the owner of each lot may provide the required parking on -site or within three hundred (300) feet, less right -of -way, or by paying to the City a parking investment fee of eight thousand dollars ($8,000.00) for each required parking space. 3) Parking investment fees: All parking investment fees shall be deposited in an interest- bearing account which shall clearly identify that such account is to be used to provide parking areas, facilities or structures within one thousand three hundred twenty (1,320) feet of the lot, less right -of -way, for nonexclusive use by the owner, occupants or users of the lot for which the parking investment fee has been paid. The payment of a parking investment fee shall not preclude the City from charging a fee to park in the parking spaces so provided. [f)]h. Performance standards - Building facades that abut the Riverwalk grade or a part of the Riverwalk public area. 1) Area. The provisions of these design guidelines apply to the building facades abutting the Riverwalk grade or public area associated with the HARP other than a street right -of -way or parking facility. Other facades on the buildings may fall under a different set of performance standards. 2) Purpose. The purpose of the performance standards for building facades abutting the Riverwalk is to ensure that building facades integrate the HARP's pedestrian areas and event plazas. The facades adjoining the Riverwalk show creativity and uniqueness of design while using elements that will age well and remain interesting over time. 3) Design objectives. Design objectives for the building facades that but the Riverwalk grade are: a) Relate to the river and the pedestrian environment surrounding the river. b) Relate to events held within the HARP. C) Open itself to outdoors. d) Create an environment of celebration. 4) Structure mass and orientation. Building orientation shall meet the following conditions. a) Maximum gross floor area is five (5) times the building footprint. b) Maximum height is five (5) stories from the river level or seventy (70) feet, whichever is less. C) There is no setback requirements. The outside building walls are encouraged to be located on the outermost parcel boundaries. d) Each business shall have at least one (1) direct access to the public Riverwalk area. 5) Exterior architectural design. Exterior architectural design shall meet the following conditions: a) Building facades that abut the Riverwalk may use a range of architectural styles as long as the results are visually compatible with the general character of the Riverwalk. b) Each facade shall incorporate facade components that connect to the outdoors such as balconies, porches, sunroofs and similar exposures. C) The second through fifth floor facades shall have a minimum of fifty percent (50 %) and maximum of sixty percent (60 %) glass. Each floor containing balconies may go up to one hundred percent (100 %) glass on that floor's facade. d) Awnings shall reflect the store front and /or upper window shapes and dimensions. e) Translucent lighted awnings are not allowed. 6) Exterior building materials and exterior colors. Exterior building materials and exterior colors shall meet the following conditions: a) Acceptable primary building materials include brick and stone masonry, lumber and ceramic tiles. b) Acceptable trim materials include brick and stone masonry, stucco, finished lumber, finished painted metal, ceramic tiles or concrete. C) If brick is used as the predominant building component, the brick color shall be in red tones (within 1997 Summit Brick and Tile [6]500 series or equal or comparable alternative). d) The colors used in building facades is flexible as long as a color scheme for the entire building facade conveys a unified image. e) Bright colors are reserved for special accents such as to emphasize entryways or to highlight special ornamentation. [7. Building roofs. Building roofs shall meet the following conditions: Roofs shall be flat; mechanical equipment on the roof shall not be visible from the highest roadway point of any bridge crossing the HARP.] [8. Illumination. All lighting or illumination on the exterior of the building shall be reviewed and approved by the Architectural Review Board.] [9. Signs. In addition to complying with City ordinance (Section 17 -2 -1) and the Uniform Building Code, signs shall meet the following conditions: a) Backlit plastic or fiberglass signs are prohibited. b) Neon signs are allowed subject to design review and approval by the Architectural Review Board.] [10. Parking. The following off - street parking spaces will be required of each use: a) Residential units: two (2) parking spaces per unit. b) Retail: one (1) parking space per three hundred (300) gross square feet. C) Office: one (1) parking space per four hundred (400) gross square feet. d) Restaurants: one (1) parking space for each three (3) persons of rated occupancy load as established by the edition of the Uniform Building Code adopted by City Council.] SECTION 2. Section 17- 4- 51(12.3) of the Pueblo Municipal Code is hereby amended to read as follows: (12.3) Historic Arkansas Riverwalk of Pueblo Zone District —Two (HARP 2) a. Purpose. The purpose of the Historic Arkansas Riverwalk of Pueblo Zone District Two is to promote development that is pedestrian in character, scale and ambiance and that encourages interesting and attractive architectural design for new development. As used in this Subsection, Riverwalk shall mean the public areas adjacent to the river channel, Lake Elizabeth and Union Avenue Historic District shall mean the portion of Union Avenue designated as a historic district on the National Register of Historic Places. b. Uses by right. 1. Hotel. 2. Office. 3. Residence — commercial, apartments or condominiums. 4. Retail store. C. Uses by review. A use by review is any of the following uses which are permitted only upon issuance of a special use permit: 1. Any use which is permitted as a use by right in a B-4 zone district (except adult entertainment), provided such permitted use is compatible and does not conflict with surrounding uses in the HARP 1, [and] 2 and 3. and Historic Business zone districts. d. Architectural Review Board. 1. The Architectural Review Board means the Board established and described in Section 17 -5 -51. 2. No building permit shall be issued nor shall any work be undertaken or commenced to construct, reconstruct, remodel, repair, paint, rehabilitate or in any way alter or modify the exterior of any building in any historic business zone district or Historic Arkansas Riverwalk of Pueblo Zone District until the Architectural Review Board has reviewed, approved and issued a written certificate of compliance for such work. e. Performance standards. 1. Area. The provisions of these performance standards apply to all buildings located in the HARP 2 zone district. 2. Purpose. The purpose of these performance standards is to [create an activity area] ensure that development abutting the Historic Arkansas Riverwalk of Pueblo [which] reflects the design and scale of nearby buildings and [which] relates to the outdoor activity around the HARP. 3. Design objectives. Design objectives for the building facades abutting the Riverwalk. a) Complement the architectural design of the Pueblo Convention Center, City Hall and other nearby buildings. b) Provide a smooth visual transition from the street level to the [river] Riverwalk level. C) Provide an inviting physical presence and entryway to HARP. d) Establish a appropriate architectural [constant vertical] presence along the waterfront. 4. Structure mass and orientation. Building orientation shall meet the following conditions: a) [Maximum gross floor area is seven (7) times the building footprint. b) Maximum height is seven (7) stores above the river channel excluding roof towers. C) There is no height limitation on r] Roof towers [provided they do] shall not exceed ten (10) percent of the overall roof area of the structure [contain enough floor area to be leased]. [d)]b) Minimum height from the Riverwalk level shall be no less than twenty -five (25) feet or two times the gross floor area [is five (5) times] of the building footprint, whichever is more [e) Dc Each building shall provide full access to the Riverwalk and to the closest street right -of -way. 5. Exterior architectural design. Exterior architectural design shall meet the following conditions: a) Building facades that abut the Riverwalk may use a range of architectural styles as long as the results are visually compatible with the general character of the surrounding buildings. In order to achieve this, masonry designs are encouraged and flat facades are strongly discouraged as described below. b) Each facade shall incorporate facade components that connect to the outdoors such as balconies, porches, sunroofs and similar exposures. C) Windows shall be punched with repetitive shapes with nonreflective glass. d) Balconies are [required] encouraged for hotel rooms that overlook the Riverwalk and are above the first floor. j Naturally ventilated parking on the ground level must be recessed below finish grade by at least fifty (50) percent of the overall height of that story. 6. Exterior building materials. Exterior building materials and exterior color shall meet the following conditions: a) The predominant building component shall consist of brick or [stucco] other natural, durable and attractive building material b) If brick is the predominant building material, the color shall be [in blond tones (]within 1997 Summit Brick and Tile 500 series or equal comparable alternative[)]. C) Building trim shall be of brick and stone masonry, finished lumber, finished painted metal, ceramic tiles or concrete. d) Tinted brick mortar is [allowed] encouraged e) Ornamental detailing of wrought iron, tile, stone, brick and terra -cotta is encouraged. f) The colors used in building facades is flexible as long as a color scheme for the entire building facade conveys a unified image. 7. Roofs. Roofs shall meet the following conditions: a) Roofs shall be hip or gabled. b) Roof color shall be warm earth tone reds. C) Rooftop mechanical equipment shall be incorporated into the design of the building in order not to be visible from the highest roadway point of a bridge crossing the HARP. 8. Illumination. All lighting and illumination on the exterior of the building shall be reviewed and approved by the Architectural Review Board and shall conform with Section 17-4-52 of these ordinances concerning outdoor lighting performance standards 9. Signs. In addition to complying with City Ordinance (Section 17 -2 -1) and the Uniform Building Code, signs shall meet the following conditions: a) Backlit plastic or fiberglass signs are prohibited[ on facades facing the riverfront]. b) [Freestanding signs are prohibited.] Roof signs are prohibited. 10. Parking. Due to the desire for downtown development, dual use opportunities and mass transit fTl the following off - street parking spaces will be required of each use for properties not owned or controlled by the City of Pueblo a) Residential units: [two (2)] one 1 parking spaces per unit. b) Retail: one (1) parking space per [three] five hundred ([3] 500) gross square feet. C) Office: one (1) parking space per [four] five hundred ([4] 500) gross square feet. d) Restaurants: one (1) parking space for each [three (3)] five IQ persons of rated occupancy load as established by the edition of the Uniform Building Code adopted by City Council. e) Transient Lodging: one (1) per hotel room. 11. Amenities. Mailboxes. TV antennae, satellite dishes, window mounted air- conditioning units, etc. shall be incorporated into the design of the structure and shall be minimally visible to passersby. SECTION 3. Section 17-4- 51(12.3) of the Pueblo Municipal Code is hereby amended by the addition of a new Subsection 12.3.1 to read as follows: 12.3.1 Historic Arkansas Riverwalk of Pueblo Zone District — Three (HARP 3) a. Purpose. The purpose of the Historic Arkansas Riverwalk of Pueblo Zone District Three is to promote commercial development that is pedestrian in character, scale and ambiance and that encourages interesting and attractive architectural design for new development. As used in this Subsection. Riverwalk shall mean the public areas adjacent to the river channel and Union Avenue Historic District shall mean the portion of Union Avenue designated as a historic district on the National Register of Historic Places. b. Uses by right. 1. Hotel. 2. Office. 3. Retail store. c. Uses by review. A use by review is any of the following uses which are permitted only upon issuance of a special use permit: 1. Anv use which is permitted as a use by right in a B -4 zone district except adult entertainment), provided such permitted use is compatible and does not conflict with surrounding uses in the HARP 1. 2 and 3, and Historic Business zone districts. 2. Residence — commercial, apartments or condominiums. d. Architectural Review Board. 1. The Architectural Review Board means the Board established and described in Section 17 -5 -51. 2. No building permit shall be issued nor shall any work be undertaken or commenced to construct, reconstruct, remodel, repair, paint, rehabilitate or in any way alter or modify the exterior of any building in n any historic business zone district or Historic Arkansas Riverwalk of Pueblo Zone District until the Architectural Review Board has reviewed, approved and issued a written certificate of compliance for such work. e. Performance standards. 1. Area. The provisions of these performance standards apply to all buildings located in the HARP 3 zone district. 2. Purpose. The purpose of these performance standards is to create an activity area abutting the Historic Arkansas Riverwalk of Pueblo which reflects the design and scale of nearby buildings and which relates to the outdoor activity around the HARP. 3. Design objectives. Design objectives for the building facades abutting the Riverwalk. a) Complement the architectural design of the Pueblo Convention Center, City Hall and other nearby buildings. b) Provide a smooth visual transition from the street level to the river level. C) Provide an inviting physical entryway into the HARP. d) Establish an appropriate architectural presence along the waterfront. 4. Structure mass and orientation. Building orientation shall meet the following conditions: a) Roof towers shall not exceed ten (10) percent of the overall roof area of the structure. b) Minimum height from the Riverwalk level shall be no less than fifty -five (55) feet or five (5) times the gross floor area of the building footprint, whichever is more. C) Each building shall provide full access to the Riverwalk and to the closest street right -of -way. 5. Exterior architectural design. Exterior architectural design shall meet the following conditions: a) Buildinq facades that abut the Riverwalk may use a range of architectural styles as long as the results are visually compatible with the general character of the surrounding buildings. b) Each facade shall incorporate facade components that connect to the outdoors such as balconies porches sunroofs and similar exposures C) Windows shall be punched with repetitive shapes with nonreflective glass. d) Balconies are encouraged for hotel rooms that overlook the Riverwalk and are above the first floor. e) Naturally ventilated parking on the ground level must be recessed below finish grade by at least fifty (50) percent of the overall height of that story. 6. Exterior building materials. Exterior building materials and exterior color shall meet the following conditions: a) The predominant building component shall consist of brick or stucco other natural, durable and attractive building material. b) If brick is the predominant building material, the color shall be within 1997 Summit Brick and Tile 500 series or equal comparable alternative. C) Building trim shall be of brick and stone masonry, finished lumber, finished painted metal, ceramic tiles or concrete. d) Tinted brick mortar is encouraged. e) Ornamental detailing of wrought iron, tile, stone, brick and terra -cotta is encouraged. f) The colors used in building facades is flexible as long as a color scheme for the entire building facade conveys a unified image. 7. Roofs. Roofs shall meet the following conditions: a) Roofs shall be hip or gabled. b) Roof color shall be warm earth tone reds. c) Rooftop mechanical equipment shall be incorporated into the design of the building in order not to be visible from the highest roadway point of a bridge crossing the HARP. 8. Illumination. All lighting and illumination on the exterior of the building shall be reviewed and approved by the Architectural Review Board and shall conform with Section 17 -4 -52 of these ordinances concerning outdoor lighting performance standards. 9. Siqns. In addition to complying with City Ordinance (Section 17 -2 -1) and the Uniform Building Code, signs shall meet the following conditions: a) Backlit plastic or fiberglass signs are prohibited. b) Roof signs are prohibited. 10. Parking. Due to the desire for downtown development dual use opportunities and mass transit the following off - street parking spaces will be required of each use for properties not owned or controlled by the City of Pueblo: a) Residential units: one (1) parking spaces per unit. b) Retail: one (1) parking space per five hundred (500) aross square feet. C) Office: one (1) parking space per five hundred (500) gross square feet. d) Restaurants: one (1) parking space for each five (5) persons of rated occupancy load as established by the edition of the Uniform Building Code adopted by City Council. e) Transient Lodging: one (1) per hotel room. f) Variances: If these parking requirements do not appear reasonable to a specific use or combination of uses. the Traffic Engineer. Director of Transportation or the applicant may apply to the Planning and Zoning Commission for a variance. The Planning and Zoning Commission shall hold a public hearing and then make its recommendation to the City Council, which shall make the final decision. The variance may reduce some or all of the reauired number of parking spaces. In determining a variance to the required number of spaces, the Planning and Zoning Commission and the City Council, in addition to other relevant factors, shall consider the following: 1) The general planning of the City with respect to land use, density, parking, traffic and parking facilities: 2) The availability of adequate parking, both in number of spaces and distance from the intended use: 3) The public welfare and interest in the City and surrounding area. The City Council shall determine the number of parking spaces required for each Lot and the City Council may, in its discretion, as a condition to the granting of any variance impose a parking investment fee for each Lot not to exceed the amounts set forth in g) 1) and 2) below. g) Parking Investment Fees: 1) To meet parking requirements, the owner of each Lot may provide the required parking on -site or within three hundred (300) feet, less right -of -way, or by paving to City a parking investment fee of eight thousand dollars ($8.000.00) for each required parking space. 2) Parking investments fees: All parking investment fees shall be deposited in an interest - bearing account which shall clearly identify that such account is to be used to provide parkina areas, facilities or structures within 1.320 feet of the Lot, less right of way, for non - exclusive use by the owner, occupants or users of the Lot for which the parking investment fee has been paid. The payment of a parking investment fee shall not preclude the City from charging a fee to park in the parking spaces so provided. 11. Amenities. Mailboxes. TV antennae, satellite dishes, window mounted air - conditioning units, and similar items shall be incorporated into the design of the structure and shall be minimally visible to passersby. SECTION 4. This Ordinance shall become effective immediately upon passage. INTRODUCED October 27, 2003 BY Al Gurule Councilperson APPROVED: .. President of City Council ATTEST: PASSED AND APPROVED November 10, 2003