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HomeMy WebLinkAbout07659ORDINANCE NO. 7659 AN ORDINANCE AMENDING CHAPTERS 4, 10 AND 13 OF TITLE XVII OF THE PUEBLO MUNICIPAL CODE RELATING TO A NEW RESIDENTIAL CHARTER NEIGHBORHOOD DISTRICT (RCN) AND A NEW COMMERCIAL CHARTER NEIGHBORHOOD DISTRICT (CCN) AND STANDARDS THEREFORE, AND PROVIDING PENALTIES FOR THE VIOLATION THEREOF WHEREAS, the Pueblo City Council wishes to create charter neighborhoods in the City of Pueblo which promote the renovation and redevelopment of older residential neighborhoods and commercial areas and incorporates new development architectural precedents where possible and practicable; and WHEREAS, certain new zone districts are needed to implement charter neighborhoods and commercial charter standards and guidelines to assist in developing design solutions that reinforce traditional neighborhood patterns and promote the use of quality materials that relate to the character of traditional homes in the residential neighborhoods. Now Therefore BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: (Brackets indicate material deleted, underscoring indicates material added.) SECTION 1 Section 2, Chapter 4 of Title XVII of the Pueblo Municipal Code is hereby amended by the addition of a new column next to column R -8 in the Schedule of District Regulations (Part I, Residential) for Residential Charter Neighborhoods (RCN) to read as follows: (d)Max Coverage RCN (a) Min Lot Area 50% (75% by Review) Single (B) Family 2500sf (b) Min Lot Area Duplex 5000sf (c) Min Lot Width 25' (d)Max Coverage of Lot 50% (75% by Review) (e) Max Floor Area Ratio -- f Max Building Height 35' (g)Min Front Yard Set -back (E) (h) Min Side Yard Set -back (F) (i) Min Rear Yard Set- (A) back 15' (A) Accessory Buildings need only be set back five feet, except when Section 17 -4 -6 is applicable. Also note exceptions listed in Section 17 -4 -23. (B) See Section 17 -4 -4 for lot size requirements for multiple unit housing. (C) See Section 17- 4 -6(1). (D) See Section 17 -4 -51(5) (E) See Section 17 -4 -4 for front yard setbacks. (F) See Section 17 -4 -4 for side yard setbacks. SECTION 2. Section 3, Chapter 4 of Title XVII of the Pueblo Municipal Code is hereby amended by the addition of a new column next to column S -5 in the Schedule of District Regulations Part II for Commercial Charter Neighborhoods (CCN) to read as follows: CCN (a) Min Lot (F) Area 2500sf (b) Min Lot (F) Width 25' (c) Max Cov -erage of Lot 100% (d) Max Floor Area Ratio 2.0 e Max Building Height 35' (f) Min Front Yard Setback (F) (g) Min Side Yard Setback (G) (h) Min Rear Yard (A) Setback 15' (A) Does not apply on the portion of the parcel adjacent to another parcel also in a Business or Industrial zone. It does apply when the portion of the parcel is adjacent to a residential or special zone (streets or alleys not considered). (B) See Section 17 -4 -5 and Section 17 -4 -6 for additional requirements. (C) See Section 17- 4- 51(17)c. (D) That portion of the parcel adjacent to an "expressway" shall provide 75' of front setback. (E) See Section 17 -4 -6. (F) 25 feet for single - family or two - family residential; no minimum setback for other uses. (G) See Section 17 -4 -5 for side yard setbacks. R - Review and approval by Planning and Zoning Commission required in each case. SECTION 3. Section 4, Chapter 4 of Title XVII of the Pueblo Municipal Code is hereby amended by adding a new subsection (g) to read as follows: (g) Residential Charter Neighborhood (RCN) District: (1) Three (3) to five (5) family dwelling unit structures shall have one thousand five hundred (1,500) square feet of land area per dwelling unit. (2) Six (6) or more family dwelling unit structures shall have a minimum of eight thousand (8,000) square feet of land area or one thousand (1,000) square feet per dwelling unit, whichever is greater, and shall provide at least twenty percent (20 %) of the parcel in landscaped open space. (3) Setback dimensions shall be determined as described below. However, the Zoning Administrator may review and approve setback reductions when the precedent pattern of development on the subject and immediately adjacent blocks is less than the current requirement. It will be the responsibility of the party requesting the reduction to provide a survey, or other suitable documentation, which verifies the existing setbacks on the adjacent properties. The following yard setback requirements shall apply within the Residential Charter Neighborhood District. a. The front yard setback for all buildings, except commercial buildings on a corner lot, shall be the average of the existing building setbacks on adjacent lots. If there is only one adjacent lot with a building, the setback shall be equal to its setback. If both adjacent lots are vacant, the setback shall be the average of all existing building setbacks on the block. If there are no houses on the block, the setback shall be twenty -five (25) feet. b. The minimum front yard setback for commercial buildings on a corner lot is zero feet. (4) Side yard setbacks shall be as follows: a. Lot width of 35 feet or fewer: 1. Side yard setbacks for one -and two - family residential units and their accessory structures on lots 35 feet or fewer in width shall be three (3) feet. Projections shall not extend to a point closer than two (2) feet from the property line. 2. Other buildings -- five feet. 3. Two one - family residences may be constructed on two separate parcels, connected to each other (zero setback) on one side with a side yard setback of five feet on the other side, provided the residences are built at the same time. b. Side yard setbacks for lots greater than 36 feet in width -five (5) feet. SECTION 4. Section 5, Chapter 4 of Title XVII of the Pueblo Municipal Code is hereby amended to read as follows: The applicant shall submit proof that he or she can or will meet the applicable performance standards listed below. (1) 0-1, B -1, B -2, B -3, [and] B -4 and CCN Districts; performance standards. a. All portions of the land area of the parcel and the adjacent street rights -of -way and alleys upon which it fronts shall be landscaped, graded, 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. All outdoor storage areas shall be enclosed by tight fencing, walls or closely planted landscape material, sufficient in height to totally obscure the storage areas as seen from a height of five (5) feet along the property line, and such areas and all others shall be constructed, used and maintained to have an orderly appearance at all times. c. No sound, smoke, odor, vibration, dust, glare or heat shall be measurable beyond the outer boundaries of the parcel. d. In a B -3 zone district no unauthorized sign, signal, marking or device shall be placed, maintained or displayed which (1) is located in the right -of -way of any street, alley or highway, or encroaches into the air space above the right -of -way; (2) flashes or blinks; (3) uses the colors of red, amber or green in such manner as to be confused with an official traffic control device or railroad sign or signal; or (4) violates the Model Traffic Code for Colorado Municipalities, Section 15 -12, "Unauthorized signs, signals, or markings." e. In an 0-1 District, only business wall signs and permanent window signs shall be permitted and shall be regulated as follows: No wall sign shall extend more than fifteen (15) feet above building grade. 2. Only one (1) business wall sign shall be permitted and displayed to each street frontage. 3. Window signs shall not have a sign area in excess often percent (10 %) of the area of the window to which it is affixed. 4. The combined total sign area of the wall sign and window signs displayed to a street shall not exceed two (2) times the square root of the property's frontage onto said street. Examples are as follows: Frontage Square Root Total Sign Area 50 feet 7.1 14.2 sq. feet 75 feet 8.7 17.4 sq. feet 100 feet 10.0 20.0 sq. feet 5. Signs shall be illuminated solely by stationary, shielded light sources directed to the sign; or by internal light sources producing not more than one (1) foot - candle of illumination at a distance four (4) feet from the sign. 6. Signs shall not: (a) flash, blink, be animated or emit noise; or (b) violate Section 15 -12, "Unauthorized signs, signals, or markings" of the Model Traffic Code for Colorado Municipalities as adopted by Section 15 -1 -1 of this Code. f. In a CCN setback dimensions for residential structures and uses shall be determined as described below. However, the Zoning Administrator may review and approve setback reductions when the precedent pattern of development on the subject and immediately adjacent blocks is less than the current requirement. It will be the responsibility of the party requesting the reduction to provide a survey, or other suitable documentation, which verifies the existing setbacks on the adjacent properties. The following yard setback requirements shall apply within the Commercial Charter Neighborhood District. 1. The front yard setback for all residential buildings shall be the average of the existing building setbacks on adjacent lots. If there is only one adjacent lot with a building, the setback shall be equal to its setback. If both adjacent lots are vacant, the setback shall be the average of all existing building setbacks on the block. If there are no houses on the block, the setback shall be twenty -five 25 feet. 2. Side yard setbacks for one -and two - family residential units and their accessory structures on lots 35 feet or fewer in width shall be three (3) feet. Projections shall not extend to a point closer than two (2) feet from the property line. 3. Side yard setbacks for other buildings —five feet, except that no side yard setback is required between two commercial buildings. 4. Two one - family residences may be constructed on two separate lots, connected to each other (zero setback) on one side with a side yard setback of five feet on the other side, provided the residences are built at the same time. g. Side yard setbacks for lots greater than 36 feet in width -five (5) feet. SECTION 5_ Subsection (b)(2) of Section 7, Chapter 4 of Title XVII of the Pueblo Municipal Code is hereby amended to read as follows: (2) Applicable Zones: 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, H -B, 1 -1, 1 -2, 0-1, CCN S -1, S -4 and S -5 when one (1) of the following occurs within the above mentioned zones: a. The construction or erection of any building upon any lot; b. Any addition of thirty -five percent (35 %) or more of the gross square footage of an existing building; or c. The use of five thousand (5,000) square feet of unimproved contiguous land or land in the same ownership for off - street parking or the conversion of existing use of five thousand (5,000) square feet or more of contiguous land or land in the same ownership to off - street parking. d. Off - street parking areas of five thousand (5,000) or more square feet shall be paved with asphalt, concrete or pavers. That portion of the driveway connecting from the curb line to the back of sidewalk property shall be paved with concrete materials. Off - street parking areas of five thousand (5,000) or more square feet shall meet and comply with the requirements of Section 17- 4- 44(b), (c), (d), (e), (h), (i), Q), (k) and (p). e. The construction of any building in the specific B -4 and CCN zone districts of Downtown, Minnequa, Mesa Junction and Union Avenue, as defined on the map, which does not allow for the required ten -foot landscape setback, shall be required to plant street trees in the public right -of -way whenever possible. f. The provisions of Subparagraph c above shall not apply to improved off - street parking areas of five thousand (5,000) or more square feet existing and in use on June 22, 1998. SECTION 6. Subsection (b)(5) of Section 43, Chapter 4 of Title XVII of the Pueblo Municipal Code is hereby amended to read as follows: (5) Retail uses in B -3, CCN, H.B., R -5, R -6, 1 -2 and 1 -3 zone districts shall be provided with at least ten (10) parking spaces, plus one (1) additional parking space for each two hundred fifty (250) square feet of gross floor area in excess of two thousand five hundred (2,500) square feet. SECTION 7. Section 51, Chapter 4, Title XVII of the Pueblo Municipal Code is hereby amended by adding new subsections (4.2) and (9.3) to read as follows: (4.2) Residential Charter Neighborhood District (RCN): a. Purpose. The standards of this district (RCN) are designed to maintain the character of the City's original neighborhoods, sometimes referred to as Charter Neighborhoods, while meeting modern needs and standards. These developed neighborhoods have a traditional neighborhood pattern with a diversity of affordable housing types on a variety of lot sizes with small lots predominating. There are tree - lined streets with sidewalks, alleys, neighborhood parks, and a mixture of uses within the residential fabric. The neighborhoods historically functioned at a pedestrian scale, with most residences, public amenities, and neighborhood goods and services accessible with little dependence on an automobile. There are some non - residential uses that present actual or potential compatibility problems. The standards of this district are intended to maintain and enhance these and other such desirable neighborhood characteristics and resolve questions of the compatibility of adjacent uses. b. Uses by right. 1. Automobile parking. 2. Grouped houses. 3. Home: children, blind, disabled, elderly, maternity, religious. 4. Residence, one - family. 5. Residence, two - family, attached. 6. Residence, three- and four - family, attached. 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. Artist studios, provided items sold on -site are limited to those produced on -site. 2. Bakeries, provided goods are not baked for sale off the premises. 3. Beauty shop or barbershop having no more than two (2) workstations. 4. Bed and breakfast home. 5. Charitable institution. 6. Child care center. 7. Child care home. 8. Church 9. Health Center 10. Home occupations. 11. Live -work units combinina one (1) residential unit with anv allowable non - residential uses. 12. Neighborhood retail stores selling consumable products such as groceries and similar items excepting gasoline, provided the building area of the use shall not exceed two thousand (2,000) square feet in size. 13. Professional offices, provided no more than four (4) businesses are located in any building, and the total building area devoted to office use does not exceed thirty -two hundred (3,200) square feet in size. 14. Restaurants not to exceed thirty -two hundred (3,200) square feet in building area, but excluding all drive -in restaurants. 15. Taverns not to exceed a total of thirty -two hundred (3.200) sauare feet inbuilding area. 16. Recreation facilities, private. 17. Residence, multi- family. 18. Utilities as outlined in Section 17 -4 -30. d. Conditions for non - residential uses by review. This subsection aaalies to non - residential uses in the RCN district. 1. The intent of the non - residential uses allowed by Section 17-4 - 51(4.2)c is to (i) provide ongoing services to the neighborhood residents; (ii)provide small -scale employment opportunities for neighborhood residents; and (iii) encourage the continuation of existing commercial uses that contribute to the character of the neighborhood. To qualify for a special use permit, a proposed non - residential use must meet two (2) of the above three (3) intent criteria. 2. Non - residential uses shall be limited to two (2) per block face and to two (2) per intersection. Existing commercial uses, including those in mid - block locations shall be considered uses by right, and may be exempted from all off - street parking regulations by the Zoning Board of Appeals. For purposes of this subsection, home occupations shall not be considered a non - residential use. 3. Non - residential uses involving on -site sale of food or beverages shall be located at the corner of two (2) public rights of way (alleys or streets). 4. Residential uses in the same structure may be located above or behind a non - residential use. 5. To ensure compatibility of uses, the Zoning Board of Appeals may set limits on the hours of operation and the amount of noise generated. 6. If the floor area of an existing non - residential use is expanded, the Zoning Board of Appeals may waive compliance with one hundred percent (100 %) of the off - street parking requirements of this Title. Factors considered by the Zoning Board of Appeals in waiving compliance with off street parking requirements shall include the amount of increase in the occupancy load of the building, parking demand for the use, new infrastructure required, increased impact on existing infrastructure, and demonstrated demand for surrounding neighborhood parking. e. Performance standards. 1. Not more than fifty percent (50 %) of the front yard setback shall be covered with an impervious surface. 2. Parking is allowed in the front yard of a residence only on a driveway that leads directly to the garage door. The driveway shall be no wider than ten (10) feet to provide access to the garage. If the property can be accessed from an alley and no garage exists, or if garage access is from other than the front, no parking is allowed in the front yard of the residence. 3. Except as restricted by Section 15 -3 -2, the height of fences, walls and hedges for parcels containing one - family, two - family, and three- and four - family residences, and townhouses shall not exceed four (4) feet in the front yard area and six (6) feet in other yard areas. 4. Fencing materials shall not include or incorporate razor or concertina wire; barbed wire; electrically charged wire; plywood surface; or fabric, sheet or corrugated metal, or plastic sheeting. 5. Parking. a) Detached carports shall not be located closer than two feet five inches (2.5 feet) from the side yard lot line without a variance. b) Any remodeling, rehabilitation, or addition smaller than fifty (50) percent of an existing residence on a parcel smaller than ten thousand (10,000) square feet, and not resulting in additional dwelling units, shall not require an increase in the number of existing off - street parking spaces. c) Off - street parking for residences that are more than four - family in size, and for all non - residential uses installed after the effective date of this section shall be located in the rear half of the lot unless the parking is completely enclosed within the main structure. 6. Alleys. a) Backing into an alley from parking lots and off - street parking spaces will be allowed, provided the parking lots or spaces serve single - family or two - family residences. b) Any new construction, expansion of a use or building, or improvement, to either one (1) single- family or one (1) two - family residence, shall not require the applicant to pave any or all of any alley, but may require the applicant to surface the alley with an all- weather, dust -proof material to the point where the alley meets the nearest street. c) Existing alleys may be vacated only for purposes consistent with an adopted neighborhood plan and subject to requirements of applicable law. 7. Guidelines. The City Council may adopt development design guidelines for the RCN district by resolution for different types of uses, structures, or other matters to preserve the character of the neighborhood while allowing flexibility in the design and building process. If guidelines are so adopted, the Administrative Official shall review all development for consistency with the intent of the guidelines. If the Administrative Official determines the intent of the guidelines is met, the Administrative Official may approve a building permit or business license application provided all other applicable requirements of this Title have been met or complied with. A person aggrieved by the decision of the Administrative Official may appeal such decision to the Zoning Board of Appeals pursuant to the provisions of Section 17 -5 -22. A building permit shall not be issued until the Administrative Official has approved the development for compliance with the requirements of this district (RCN) and the guidelines. (9.3) Commercial Charter Neighborhood District (CCN): a. Purpose. The standards of the CCN district are designed to retain and conserve suitable areas for commercial, office, and mixed -use development that primarily serve the residents of the surrounding charter neighborhood. This type of development should enhance, rather than detract from the primarily residential character of the area and function as a continuous element of the pedestrian oriented CCN District. b. Uses. Uses depend upon the type of street along the front of the building containing the use, as shown in the following table: Legend: Allowed Use by Right = A Use by Review = R Not Allowed = -- Major Arterial Minor Arterials, Collectors, Local Streets Adult entertainment - - Agency offices (Real Estate, Insurance, Property Management, etc.) A A Aircraft Beacon - - Apartments (3 or more units) R R Art Galleries A A Artist (Commercial) A R Associations, Clubs, Lodges R R Auto Parts A - Auto Repair, Limited R - Auto, Retail (used) R - Auto Service Station R - Bakery A A Beauty and Barbershop (2 or fewer work stations) A A Bed & Breakfast home A R Bed & Breakfast Inn R R Boardinghouse R R Bulk storage, warehousing or wholesaling R - Camping Area - - Car wash R R Car Wash (self service only) A R Charitable Institution R R Childcare Center R R Childcare Home & play school R R Christmas Tree sales A A Churches & Religious Institutions R R Club, supper, entertainment ( <3,250 S.F.) A R Cocktail Lounges & Taverns ( <3,250 S.F.) R R Community correctional facility or program - - Convent R R Dance & Fitness Studios A R Drugstore A R Elderly foster Home R R Floral Shop A R Fireworks, Retail - - Foster Home R R Fraternity or Sorority House R R Golf course - - Grocery Store A R Grouped houses R R Health Center R R Hobby shops with retail sales limited to articles used in said hobby with or without group instruction A A Home: children, blind, disabled, elderly, maternity, religious R R Home Occupations A R Homeless shelter R R Hospitals (for humans) R R Hospital, veterinarian R - Hotels & Motels R - Laundry & Dry Cleaning R R Laundry and dry cleaning, self service A R Library R - Meat market A R Mortuary R R Museums R R Natural deposits, extraction - - Nursery (vegetation) A R Office (Professional) A A Off - premise signs - - Parking lot R R Parking structure R - Preschool facilities R R Private recreation and amusement facilities R R Recreation, Indoor A R Recreational Equipment Sales R - Recreational Equipment services R R Repair Services, Consumer Items A A Repair shop, household appliance A A Residence, single - family A A Residences, two - family A A Residences, three- & four - family A A Residences, Over four - family A R Restaurant ( <3000 s.f.) A A Retail Store (6,000 s.f. max., FAR 1.0) A R Restaurant, Drive -in R - Retail (Sales & Services) A R Service station R R Shoe Repair shop A A Tower (antenna) - - Utilities as outlined in Section 17 -4 -30 A A Nurses home, dormitory R R c. Performance standards. 1. Outdoor storaae. The followina provisions aaaly to all outdoor storage except designated off - street parking areas and lots used to display vehicles that are immediately available for sale or rent. a) In addition to meeting the provisions of Section 17 -4 -5, the wall or fence surrounding the storage area shall be kept in a clean, neat and painted condition, and free of graffiti. Fencing made of chain links with slats, salvage materials such as plywood, metal or fiberglass roofing materials, or attached fabric materials to existing fences are prohibited. b) Outdoor storage shall be confined to the rear of the main structure(s) or the rear two - thirds of the site. whichever is more restrictive. c) All gates to access the storage area shall swing inwardly or slide sideways. The gates shall be kept closed when not in use except the gate may remain open during business hours if the interior or contents of the storaae vard cannot be seen from residential areas and aublic streets. d) If the storage area is adjacent to any residential zone district, no items shall be stored closer than five (5) feet from the property line. e) The provisions of Section 17 -4 -28, relating to the parking and storage of certain vehicles, shall apply to all parcels and lots in thie CCN district. f) Outdoor storage on any vacant parcel or lot is prohibited. g) Building materials for construction on the same lot may be stored outdoors on the lot provided a valid building permit is in effect. 2. Alleys. a) Backing into an alley from parking lots and off - street parking spaces is allowed. b) Any new construction, expansion of a use or building, or home improvements shall not require the applicant to pave any or all of any alley. The applicant, however, shall be required to surface the alley with an all- weather, dust -proof material to the point where the alley meets the nearest street. c) Existing alleys may be vacated only for purposes consistent with an adopted neighborhood plan and subject to the requirements of applicable law. 3. Curb cuts. The width of new curb cuts shall not exceed twenty (20) feet. New curb cuts should be no closer than twenty -two (22) feet from the nearest existing curb cut to aid traffic circulation and increase the safety of pedestrians. 4. Parking. a) To promote flexibility in design, preserve existing commercial areas, and encourage pedestrian uses, the off - street parking requirements set forth in this Chapter 4 may be reduced or waived by the Zoning Board of Appeals based on existing remote parking access, shared spaces, and the magnitude of the parking demand from the proposed project. A parking study may be required from the project proponent. b) Parking areas shall be located in the rear half of the parcel unless the parking is completely enclosed within the main structure. c) Surface parking lots shall comply with landscaping and screening requirements of Section 17 -4 -7 except that any fence, berm, or landscaping feature at maturity shall comply with Section 15 -3 -2. 5. The following provisions apply to areas adjacent to minor arterials, collectors, and local streets. a) New drive - through or drive -in uses shall not be allowed. b) The main entrance to a building shall be from the abutting street. c) The building facade abutting the street shall have at least thirty (30) percent of the street -level facade area, as measured from the street level upward a maximum of twelve (12) feet, devoted to display windows or windows affording views into the interior area. d) Awnings or canopies over display windows, doors, and entryways may extend over the sidewalk to not more than two (2) feet inward from the edge of the curb or to the point where they interfere with street trees and shall have a minimum clearance of eight (8) feet above the sidewalk. e) All mechanical equipment on the roof of buildings shall be architecturally screened or enclosed to blend with the roof surface as seen from public rights -of -way. Solar energy collection panels, wireless communications antennas, and satellite dish antennas should be blended into architectural features or incorporated into building designs. f) Outdoor dining is allowed subject to the requirements of Section 9- 10 -84, and provided a clear distance (unobstructed width) of four (4) feet is maintained for all sidewalks along public streets. d. Mixed -use and residential projects. The following provisions are applicable to mixed use projects (projects that combine residential and commercial uses within the same building) and residential -only buildings with three (3) or more dwelling units. 1. Three (3) to five (5) family dwelling unit structures shall have a minimum of forty -five hundred (4,500) square feet of land area or fifteen hundred (1,500) square feet per dwelling unit, whichever is greater, 2. Six (6) or more family dwelling unit structures shall have a minimum of eight thousand (8,000) square feet of land area or one thousand (1,000) square feet per dwelling unit, whichever is greater. 3. In calculating the floor -area ratio, only fifty (50) percent of the area devoted to residential uses, shall be included. 4. Balconies for residential units may extend for a distance of six (6) feet into a required yard facing a street, provided the balconies are a minimum of ten (10) feet above the ground level and do not extend into the public right of way. 5. Open space shall be provided as follows: a) Private outside open area for residential units shall provide no fewer than one hundred (100) square feet per dwelling unit. b) Common outside open area for residential units shall provide no fewer than one hundred (100) square feet per dwelling unit. c) Residents shall have access to useable outside open area, whether public or private, for recreation and social activities. The design and orientation of these areas shall take advantage of available sunlight and shall be sheltered from the noise and traffic of adjacent streets or other incompatible uses. d) The common outside open area shall be located conveniently for the majority of dwelling units. e) Private outside open areas shall be contiguous to the dwelling units they serve, be screened from public view, and have a minimum dimension of six (6) feet in any direction. 6. A separate area having a minimum of three hundred (300) cubic feet of private and secure storage space shall be provided for each residential unit. a) The storage area may be located within a garage, provided it does not interfere with garage use for automobile parking. b) Normal closet and cupboard space within the living spaces of the dwelling unit shall not count toward meeting this requirement. 7. All primary ground -floor common entries and individual dwelling unit entries for mixed -use projects fronting on streets shall be oriented to the street. not to the interior or to a Darkina lot. 8. The residential units in mixed -use projects shall be designed to ensure the security of residents through the provision of secured entrances and exits that are separate from the non - residential uses. Non - residential and residential uses shall not have common entrance hallways or common balconies except when one (1) residential unit is located above or behind one (1) commercial space. 9. On -site pedestrian circulation for mixed -use projects shall be continuous and connect various uses on site, as well as connect to off -site transit stops and parking. 10. Security lighting that meets the current City lighting standards shall be used in all parking areas and pedestrian walkways within the residential Dortions of Droiects. 11. All mechanical eauiament shall be screened from view of the on -site residential units, with the exception of solar energy collection panels, wireless communications antennas, and satellite dish antennas. Such screening should be made to aaaear to be an intearated Dart of the overall architectural design. 12. The following provisions are required to enhance the compatibility of uses within mixed -use projects. a) Residential portions of a mixed -use project shall be designed to limit the interior noise caused by the commercial and parking portions of the project to a maximum of 45 db (A) in any habitable room with windows closed. Proper design may include, but shall not be limited to, building orientation, double or extra - strength windows, wall and ceiling insulation, and orientation and insulation of vents. Where it is necessary that windows be closed to achieve the required level, means shall be provided for ventilationor cooling to provide a habitable environment. b) No use, activity or process within a mixed -use project shall produce continual vibrations or noxious odors that are perceptible without instruments by a reasonable person within the interior of on -site residential units. c) All exterior lighting shall be adequately controlled and shielded to prevent glare and undesirable illumination to on -site residential units. e. Guidelines. The City Council may adopt development design guidelines for the CCN district by resolution for different types of uses, structures, or other matters to preserve the character of the neighborhood while allowing flexibility in the design and building process. If guidelines are so adopted, the Administrative Official shall review all development for consistency with the intent of the guidelines. If the Administrative Official determines the intent of the guidelines is met, the Administrative Official may approve a building permit or business license application, provided that all other applicable requirements of this Title have been met and complied with. The decision of the Administrative Official may be appealed to the Zoning Board of Appeals pursuant to the provisions of Section 17 -5 -22. A building permit shall not be issued until the Administrative Official has approved the development for compliance with the requirements of the CCN district and the guidelines. SECTION 8. Section 05 of Chapter 10, title XVII of the Pueblo Municipal Code is hereby amended by the addition of the following new subsection (b.1). (b.1) Residential: RCN Type Maximum Number Maximum Area Maximum Height Monument Sign 1 12 sq. ft. 6' Freestanding Sign Prohibited -- -- Building Address Sign Plates 1 per address 2 sq. ft. -- Wall Sign Prohibited -- B SECTION 9. Subsection (d) of Section 05 of Chapter 10, Title XVII of the Pueblo Municipal Code is hereby amended to read as follows: (d) Nonresidential Commercial Use: R -4, R -5, R -6, RCN Type Maximum Number Maximum Area Maximum Height Monument Sign 1* 48 sq. ft. 6' Freestanding Sign 1* 80 sq. ft. 16' For Development 1 per address 2 sq. ft. -- <40,000 sq. feet Unlimited 1 sq. ft. per lineal foot of building frontage Limited to height of wall Freestanding Sign 1 per frontage* 150 sq. ft. 20' For Large Scale 1 per building Development frontage, primary and >40,000 sq. feet secondary Building Address 1 per address 2 sq. ft. -- Sign Plate Wall Sign Unlimited 2 sq. ft. per lineal Height of building foot of building frontage Note: *Both types of signs (monument and freestanding) are not permitted at the same time SECTION 10. Subsection (e) of Section 05, of Chapter 10, Title XVII of the Pueblo Municipal Code is hereby amended to read as follows: (e) Residential: R -4, R -5, RCN (Hotel, B &B, Daycare Center, and similar uses) Type Maximum Number Maximum Area Maximum Height Monument Sign 1 12 sq. ft. 6' Freestanding Sign Prohibited -- -- Building Address Sign Plates 1 per address 2 sq. ft. -- Wall Sign Unlimited 1 sq. ft. per lineal foot of building frontage Limited to height of wall SECTION 11. Section 05 of Chapter 10, Title XVII of the Pueblo Municipal Code is hereby amended by the addition of a new subsection(n) (n) Commercial Charter Neighborhood District (CCN) Type Maximum Maximum Maximum Additional Number Area Height Requirements Sign Plate 1 per address 2 sq. ft. -- -- Wall Sign on 1 1.5 sq. ft. per 15' -- Primary lineal foot of Frontage primary building frontage* Wall Sign on 1 1 sq. ft. per 15' -- Secondary lineal foot of Frontage secondary building frontage* Freestanding 1 permitted (see 80 sq. ft. 12' If property abuts Sign additional residential use on requirements) only one (1) side then one (1) freestanding sign or one (1) monument sign is permitted for individual or multiple tenants. Both types of signs on the same lot are not permitted. Projecting 1 20 sq. ft. 15' or top of 5' maximum Signs roofline, projection; 8' whichever minimum is less between bottom of sign and grade Monument A. Multiple 100 sq. ft. 6' If property abuts Sign tenants R -1, R -2, R -3 permitted on one Zone Districts on (1) monument two sides then sign. Only (1) only monument sign permitted signs are on site (see allowed. additional Freestanding requirements) signs are not permitted in this scenario .qFrTIr)N 19 Subsection (3) of Section 2, of Chapter 13, Title XVII of the Pueblo Municipal Code is hereby amended to read as follows: (3) Emergency standby engines and emergency generators may be permitted as an accessory use by review in an R -5, R -6, RCN 0-1, CCN B -1, B -2, S -2 or S -3 zone district in accordance with the provisions of Section 17 -5 -33 of this Title. .q FrTInN 1� This Ordinance shall become effective upon passage. BY Randy Thurston Councilperson APPROVED' a r*? r7Q1n1#k1Tf%fi'i+ y Council ATTESTED BY: CITY CLERK INTRODUCED Auaust 27. 2007 PASSED AND APPROVED: September 10, 2007 B. Individual 100 sq. ft. 4' If property abuts tenant R -1, R -2, R -3 identification Zone Districts on monument signs two sides then are permitted. only monument Only (1) sign signs are permitted per allowed. tenant, cannot Freestanding have monument signs are not sign and wall permitted in this sign (see scenario additional requirements) Window -- 20% of area B B Signs of window to which affixed* Notes: * The combined total sign area of the wall sign and window sign(s) displayed to a street shall not exceed 2 times the square root of the property =s frontage on that street. (a) Signs shall be illuminated solely by stationary, shielded light sources directed at the sign or by internal light sources producing not more than 1 foot - candle of illumination at a distance of 4 feet from the sign. (b) No sign with visible moving or flashing animated or intermittent illumination shall be erected unless approved as a Use by Review. .qFrTIr)N 19 Subsection (3) of Section 2, of Chapter 13, Title XVII of the Pueblo Municipal Code is hereby amended to read as follows: (3) Emergency standby engines and emergency generators may be permitted as an accessory use by review in an R -5, R -6, RCN 0-1, CCN B -1, B -2, S -2 or S -3 zone district in accordance with the provisions of Section 17 -5 -33 of this Title. .q FrTInN 1� This Ordinance shall become effective upon passage. BY Randy Thurston Councilperson APPROVED' a r*? r7Q1n1#k1Tf%fi'i+ y Council ATTESTED BY: CITY CLERK INTRODUCED Auaust 27. 2007 PASSED AND APPROVED: September 10, 2007 M a 0 W I I amm =� t - � , I EML Background Paper for Proposed ORDINANCE AGENDA ITEM # 1 (p DATE: AUGUST 27, 2007 DEPARTMENT: COMMUNITY DEVELOPMENT /JERRY M. PACHECO TITLE AN ORDINANCE AMENDING PUEBLO MUNICIPAL CODE NEIGHBORHOOD DISTRICT NEIGHBORHOOD DISTRIC T PROVIDING PENALTIES FOR ISSUE CHAPTERS 4, 10, AND 13 OF TITLE XVII OF THE RELATING TO A NEW RESIDENTIAL CHARTER (RCN) AND A NEW COMMERCIAL CHARTER (CCN) AND STANDARDS THEREFORE, AND THE VIOLATION THEREOF Should the City Council amend Chapters 4, 10, and 13 of Title XVII to establish new Residential Charter and Commercial Charter Neighborhood Districts? RECOMMENDATION The Planning and Zoning Commission, at their August 8, 2007 Regular Meeting, voted 5 -0 to recommend approval. BACKGROUND The proposed text amendment establishes two new base zone districts, designed to facilitate traditional neighborhood development and stimulate the redevelopment of the city's oldest inner core neighborhoods, sometimes referred to as Charter Neighborhoods, while meeting modern needs and standards. These developed neighborhoods have a traditional neighborhood pattern with a diversity of affordable housing types on a variety of lot sizes with small lots predominating. There are tree -lined streets with detached sidewalks, alleys, neighborhood parks, and a mixture of uses within the residential fabric. The neighborhoods historically functioned at a pedestrian scale, with most residences, public amenities, and neighborhood goods and services accessible with little dependence on an automobile. There are some non - residential uses that present actual or potential compatibility problems. The standards of this district are intended to maintain and enhance these and other such desirable neighborhood characteristics and resolve questions of the compatibility of adjacent uses. FINANCIAL IMPACT None