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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.