HomeMy WebLinkAbout08117ORDINANCE NO. 8117
AN ORDINANCE AMENDING SECTIONS 17 -4 -4 AND 17 -4-
7 OF CHAPTER 4 OF TITLE XVII OF THE PUEBLO
MUNICIPAL CODE RELATING TO LANDSCAPE
PERFORMANCE STANDARDS AND PROVIDING
PENALTIES FOR VIOLATION THEREOF
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: (brackets indicate
matter being deleted, underscoring indicates new matter being added)
SFrTinN 1
Section 17 -4 -4 of Chapter 4, Title XVII of the Pueblo Municipal Code, as
amended, is hereby modified by the amendment of subsections (b)(2) and (c)(2) thereof
to read as follows:
Sec. 17 -4-4. Schedule of District Regulations (Part III, Multiple
Residential and Mobile Homes.)
(b) R -5 District:
(2) Six (6) or more family dwelling unit structures [and
other permitted uses] shall have a minimum of eight thousand (8,000)
square feet of lot area or one thousand (1,000) square feet per dwelling
unit, whichever is greater and, other permitted uses shall provide at
least five thousand (5,000) square feet of lot area. Residential
Structures, if one (1) to three (3) habitable stories, shall provide at least
twenty percent (20 %) of the parcel in landscaped open space; or if [over]
four (4) or more habitable stories, shall provide at least fifty percent (50 %)
of the parcel in landscaped open space. [Up to one -half (1/2) of the
required open space may be in the form of balconies of at least four (4)
feet wide on roofs developed and maintained as garden or recreation
areas, but in no case shall space provided for off - street parking, loading or
road accessways be counted as open space; and provided that the other
permitted uses shall provide a parcel of land at least five thousand (5,000)
square feet.] The performance standards in Section 17 -4 -5 shall apply in
the R -5 District.
(c) R -6 District:
(2) Six (6) or more family dwelling unit structures [and
other permitted uses] shall have a minimum of eight thousand (8,000)
square feet of lot area or one thousand (1,000) square feet per dwelling
unit, whichever is greater; each room or rental unit for transients in a
hotel and /or motel shall provide at least eight hundred (800) square
feet of ground area; and other permitted uses shall provide at least
five thousand (5,000) square feet of lot area. [and,] Residential
Structures, if one (1) to three (3) habitable stories, shall provide at least
twenty percent (20 %) of the parcel in landscaped open space; if [over]
four (4) or more habitable stories, shall provide at least fifty percent (50 %)
of the parcel in landscaped open space[. Up to one -half (1/2) of the
required open space may be in the form of balconies of at least four (4)
feet wide or roofs developed and maintained as garden or recreation
areas, but in no case shall space provided for off - street parking or loading
or road accessways be counted as open space; and provided that a net
area of eight hundred (800) square feet of ground area shall be provided
for each dwelling unit, or room or rental unit for transients in a hotel and /or
motel; and provided further that the other permitted uses shall provide a
parcel of land at least five thousand (5,000) square feet.] The
performance standards in Section 17 -4 -5 shall apply in the R -6 District.
SECTION 2.
Section 17 -4 -7, Chapter 4, Title XVII of the Pueblo Municipal Code, as amended,
is hereby modified by the amendment of subsections (b)(1)a., (b)(1)e., (b)(2), (b)(2)a.
and b., (b)(2)e. and f., (b)(3)a.1., (b)(3).a.3. and 4., (b)(3)b.1., 2 and 3, (b)(3)c.1.,
(b)(3)c.1.b), (b)(3)f.2., (b)(4)a., (b)(4)a.2., (b)(4)a.4, (b)(4)c., (b)(5)a.3., (b)(5)a.6., (b)(7),
(b)(8), (b)(8)a.5., and the addition of new subsections (b)(1)c.1, (b)(1)d.1, (b)(1)h.1,
(b)(1)o.1, (b)(1)q, (b)(3)a.5. and 6., (b)(3)a.1.a), (b)(3)d.3. and 4, (b)(3)f.2.a), (b)(3)f.3
and 4, (b)(3)g., (b)(4)a.5., (b)(4)d., e. and f., and (b)(5)a.8., to read as follows:
Sec. 17 -4-7. Landscape Performance Standard.
(1) Definitions. Definitions for the terms used in the landscape
performance standards are as follows:
a. Berm means an earthen mound designed to provide
visual interest, screen undesirable views and /or decrease noise. To
promote efficient irrigation and maintenance measures, berms shall
as
forms.
c.1 Developed lot means platted land with all adjacent public
improvements installed but does not include any buildings or
structures.
d.1 Genus means a closely related and definable group of
plants comprising one or more species.
e. Landscape setback area. The landscape setback area
extends [ten (10) feet] into the private property contiguous to a [public
(street)] street right -of -way.
h.1 Parking lot island means an area, protected by standard
curb, and typically surrounded on at least two (2) sides by parking
spaces or drive aisle.
IvId XIlIlUl1l 3; I .3IUpu
ff Min.
c
Landscape Island
Double Island
r9'Min.
r _
Alternative Design
Landscape Island
0.1 Tree -lawn means the area between the back of curb and
the detached sidewalk typically characterized by ground cover lawn
and shade trees.
g Weed means weeds, grass, brush or other rank or
noxious vegetation and a detriment to the public health and safety.
(2) Applicable Zones: Unless provided through a Special
Area Plan or Planned Unit Development, t [T]he provisions of this Section
shall apply in the following zone districts: R -4, R -5, R -6, RCN, B -1, B -2, B -3, B -4,
BP, PUD, H -B, 1 -1, 1 -2, 0-1, CCN, S -1, S -4 and S -5 when at least one (1) of the
following occurs within the above - mentioned zones:
a. The construction [or erection] or placement of any
building or structure upon any lot except a Residence, one family
b. Any addition of thirty -five percent (35 %) or more of
gross square footage of an existing building except a Residence, one
family or
e. [The construction of any building in the specific B -4
and CCN zone district 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.
(3) Landscape Locations.
a. Landscape Setback Area.
1. The landscape setback shall be at least ten (10)
feet wide and contain [A] at least one (1) shade tree and five (5)
shrubs or twenty -five (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 portion thereof, of frontage, excluding
driveway openings.
1 Up to fifty percent (50 %) of the total shade
tree requirement may be composed of
everareen or ornamental trees.
3. [Fifty percent (50 %) of the total landscape
setback area tree requirement may be composed
of evergreen or ornamental trees.
4. ] On such sites where landscaping of the public
right -of -way would comply with the general intent of
this Section, 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 that:
a) The area measurement shall not be less than
that required by Subsection (b)(1)(e) and shall
comply with all other design standards and
requirements of this Section.
b) The general planning of the City, with particular
respect to the transportation system, will not be
jeopardized.
c) 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. In cases where the City
requests a tree -lawn with a detached
sidewalk that is located on property, a
revocable permit shall not be required.
[5. Street trees] 4. Tree -lawns with detached
sidewalks in the right -of -way are encouraged and should be used
or restored whenever possible
5. To prevent paps of non - landscaped rights-
landscaping from the property line to abutting curb and
maintain said landscaping. Right of way landscaping shall
as reau
6. When the placement of a building or
treatments located in the right -of -way including but not limited
to tree pits, tree -lawn, flower pots, movable planters or brick
pavers may be permitted by the Administrative Official, if
supstnutes Tor the ianascape setpacK ana snail not require a
variance.
b. Parking Lot.
1. [Five percent (5 %) of the parking lot area shall
be landscaped.] Parking lots with more than five (5) regular
oarkina spaces shall provide end cap landscape islands at
each end of all rows of parking spaces and internal landscape
islands within the row of parking spaces so that there are no
a
2. Parking lot landscaping must be located in islands.
[Islands must be evenly spaced throughout the entire parking area.]
A 10 to 15 spaces * E -a ^^K ;,[,
a) [Islands which separate rows of parking stalls shall be
a minimum of eight (8) feet wide.] Landscape islands, measured from
the outer edge of curb, must be at least nine (9) feet wide and
eighteen (18) feet long, or equal to the length of the adjacent parking
stall if angled parking is used.
b) [Islands which are adjacent to parking stalls shall be
a minimum of seventy -five (75) square feet in area with a six -foot
minimum width.] Landscape islands, which are also used as a
pedestrian walkway, shall not reduce the width of the landscape
island to less than six (6) feet where a tree is planted.
11 Min with AM sidewalk
5' wide
_ ......, ._..Jscaning
3. One (1) shade tree and [three (3)] four (4) ground cover
shrubs or one (1) shade tree and twenty -five (25) square feet of living ground
cover instead of each shrub shall be planted in each island. Islands larger than
the minimum size shall provide one (1) additional ground cover shrub for
each additional 25 square feet.
C. Parking Lot Screen.
1. Parking lots and drive4hroughs contiguous to a
street shall be screened from view from public streets by vegetative
barriers consisting of at least one (1) tree per thirty (30) linear feet in
combination with one (1) of the following:
b) A berm where feasible, at least three (3) feet
high, as measured from the top of the berm to the parking lot
elevation, with [twenty -five (25) square feet instead of each shrub
of] 70% living ground cover; or
d. Buffer.
3.
of the buffer reaui
must still be screened from view of residential properties, 2) the
residential and non - residential properties are separated by a street,
alley or other public right of way, and 3) the reduction of the buffer
will not negatively impact the adjacent properties.
4. Trash enclosures, drive aisles, and parking
spaces shall not be located in the buffer.
f. Landscaped Open Space.
2. At least one (1) shade tree and [five (5) shrubs or
twenty -five (25) square feet of] seventy percent (70 %) living ground
cover [instead of each shrub] shall be provided for every [five hundred
(500) ] one - thousand (1,000) square feet of [recruited] required
landscaped open space.
a) Up to fifty percent (50 %) of the total shade
tree requirement may be composed of
everareen or ornamental trees.
3. Up to 50% of the area of the required open space
may be provided in the form of: balconies which are at least four (4)
areas, swimming pools or alternative surface recreation neias ana
courts deemed appropriate by the Administrative Official. Off - street
parking, loading areas, sidewalks, trails, road access ways or other
required landscape areas shall not be counted as open space.
4. The Administrative Official may permit a cash
payment in lieu of open space if the property is within one - quarter
( mile walking distance of an improved park provided: 1) the park
area of open space.
e as
a) All cash payments made in lieu of open
tnat is reauirea Tor oven space in a aeveiooea lot oius
landscaping improvements. If the applicant and the City
cannot agree on the property's fair market value, an
a
one -half (112) of the cost of such appraisal.
of Occupancy is issued. Such funds will be held in an interest -
bearing account to be used solely to acquire and develop park
and recreational facilities in the same park district that the
r«
the cash payments made in lieu of open space property to
offset the costs of collection and administering such
accounts.
g. On -Site Stormwater Facilities.
1. Private, on -site stormwater facilities shall be
rasses
have an irrigation system as needed to establish and maintain grass.
must be
excess
levels and soil conditions.
(4) Minimum Landscape Requirements.
a. Living Landscape Material. At least seventy percent (70 %)
of the minimum required landscape area in the setback, parking lot,
parking lot screen and open space areas, as measured at the ground
surface, shall consist of ground cover by living plant material. Each five
(5) gallon ground cover shrub will equal 25 square feet of living
ground cover.
2. Ground
rows low to the qrou
maturity, and where appropriate may include turf and native grasses.
Native grasses must be weed free and maintained at a maximum
height of ten (10) inches, unless permitted by the City's Landscape
Architect. Spreading shrubs used as ground cover shall be planted at a
maximum spacing of five (5) feet on center for five - gallon material per
twenty -five (25) square feet or three (3) feet on center for two - gallon
material per twenty -five (25) square feet.
4. Water features, with recirculating water systems,
may count for up to fifty percent (50 %) of the minimum livinq landscape
requirement upon approval of the designated review agency.
5. In no event shall weeds be considered ground cover.
C. Irrigation Requirement. All required landscape areas shall
include a permanently installed automatic irrigation system, unless a
planting and maintenance plan not dependent on a permanent system has
been approved by the Administrative Official. The use of irrigation
water
are
recommended. Native grasses shall be at least temporarily irrigated
until established as determined by the City's Landscape Architect.
onto or restrict the growth of any portion of a landscaped area.
e. Sidewalks may encroach in any required landscape area
IT" J
4 -7 (b) (3) a. 4. c) or Section 17 -4-7 (b) (3) b. 2. b).
f. Before planting, all landscape areas shall be thoroughly
loosened, and soil amendments shall be required as determined by
prepared oy a Licensea Lanascape Wrcnnect, snail proviae sou
amendments as recommended by the City's Landscape Architect. In
addition, all foreign waste materials, including concrete, plastic, wire
and similar material, along with rocks larger than three (3) inches,
a
Landscape Architect is not required, shall represent in writing that to
the best of their knowledge such soil amendments have been
aoorovea oV the (:RV or PueDio oeTore a certincate or occuoancv wiii
be issued.
(5) Landscape Material Specification.
a. Minimum planting /installation specifications.
3. Minimum size for an evergreen tree shall be
[three (3)] five 5 feet in height above ground.
6. The landscape plan shall incorporate a variety
and mixture of [species] genus to avoid destruction of a single
[species] genus through blight and /or disease and shall be
required based on the following
Number of trees on site
Maximum % of same genus
6-19
50%
20-39
33%
40 and up
25%
8. Plant materials shall be selected from the City
Arcnnect may approve a genus or species not incivaea in the
recommended plant list, provided the genus or species is not
on the City's Prohibited Plant list. Unless otherwise permitted,
n
landscape areas.
(7) Landscape and Irrigation Plan Requirements. A landscape and
irrigation 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 by the Pueblo Regional Building Department. The
landscape plan shall include at least the following information:
(8) Review Procedure,Enforcement and Maintenance.
a. The landscape plan review procedure shall be as follows:
5. All landscaping as shown on the landscape plan shall
be installed before a certificate of occupancy is issued. Prior to
landscape inspection, the Licensed Landscape Architect, or protect
Architect if a Licensed Landscape Architect is not required, shall
conformance with improvement plans as approved by the City of
Pueblo. General conformance shall include, but not be limited to
enclosure, buffer, screen fence, etc.). [The designated review agency
may extend the planting time when there are extenuating circumstances
such as adverse weather or plant availability.] If there are extenuating
circumstances, such as adverse weather, where Certificate of
Occupancy is requested before completing the landscaping, an
for incomplete landscaping must be submitted for approval by the
Department of Planning and Community Development. The escrow
will not be released until all planting and finish materials shown on
escrow
expires, the City may use such funds to have the required
landscaping installed. Any costs incurred by the City in excess of
an
irrevocable letter of credit instead of an escrow based on the type of
protect, amount of escrow required and funding of the protect.
SFrTin S
This Ordinance, and the amendments made herein to Title XVII of the Pueblo
Municipal Code shall be subject to administration and enforcement in accordance with
Chapters 5 and 7 of Title XVII, Pueblo Municipal Code, as amended. Any person who
violates any provision of this Ordinance or the amendments made herein to Title XVII of
the Pueblo Municipal Code shall be guilty of a municipal offense and subject to
punishment and all other remedies as provided in Chapter 7 of Title XVII of the Pueblo
Municipal Code, as amended.
SECTION 4.
This Ordinance shall become effective immediately after final passage and
approval.
A77TSTFD SY:
CITY CLERK
PASSED AND APPROVED: November
INTRODUCED: November 9, 2009
BY: Judy Weaver
COUNCIL PERSON
APPR D' } �-
PRESIDENTaf City Council
/88•
WHO SRI
Background Paper for Proposed
ORDINANCE
AGENDA ITEM # R -17
DATE: NOVEMBER 9, 2009
DEPARTMENT: PLANNING AND COMMUNITY DEVELOPMENT
JERRY M. PACHECO, DIRECTOR
TITLE
AN ORDINANCE AMENDING SECTIONS 17 -4 -4 AND 17 -4 -7 OF CHAPTER 4 OF
TITLE XVII OF THE PUEBLO MUNICIPAL CODE RELATING TO LANDSCAPE
PERFORMANCE STANDARDS AND PROVIDING PENALTIES FOR VIOLATION
THEREOF
ISSUE
Should the City Council amend Chapter 4 of Title XVII of the Pueblo Municipal Code
relating landscape performance standards?
RECOMMENDATION
The Planning and Zoning Commission, at their October 14, 2009 Regular Meeting,
voted 6 -0 to recommend approval.
BACKGROUND
The proposed amendments to the landscape Ordinance provide clarity to the code that
eliminates several loop holes and contradictions. These modifications will make the
performance standards in the landscaping code easier to interpret and implement. This
Ordinance was continued from the August 12, 2009 Planning and Zoning Commission
Public Hearing in order to receive input from the Home Builder's Association (HBA).
The revised Ordinance is the product of the compromises between Staff and the HBA.
FINANCIAL IMPACT
None.