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Home My WebLink AboutVARIANCE Setback Landscape 650 Moraine Ave 2012-01-07Mountain River Development Plan: Arterial/Front Yard/Landscaping Setback Variance Requests Estes Park Community Development Department, Planning Division Room 230, Town Hall, 170 MacGregor Avenue PO Box 1200, Estes Park, CO 80517 Phone: 970-577-3721 Fax: 970-586-0249 www.estes.org ESTES VALLEY BOARD OF ADJUSTMENT MEETING DATE: January 7, 2012 REQUEST: Variance to allow a portion of a fire -truck turn -around lane within the required front yard setback. Specifically, variances from EVDC: • Section 4.4, Table 4-5, which requires a 25-foot front setback in the A - Accommodations zone district; • Section 7.5.F.2.b.(3), which requires a minimum 25-foot landscaped buffer on property abutting arterial streets; and; • Section 7.5.F.2.b(6), which states no development, parking or drives, shall be located within the street frontage buffer. Request to allow construction of the fire truck turnaround 10 feet from the north property line near the NE corner of the property. LOCATION: 650 Moraine Avenue, within the Town of Estes Park (former `Telemark' property, across from Cedar Ridge Condominiums) APPLICANT: Dallman Construction PROPERTY OWNER: B and L Development LLC PROJECT DESCRIPTION AND BACKGROUND: This is a request to allow an encroachment into the front yard setback/landscape area for a proposed 26-unit townhouse development. The purpose is to allow a portion of a fire -truck turn -around in this area. Approximately 15-feet of the 60-foot long turn -around would be located within the required setback. The turn -around would be approximately 5-feet below and 50-feet south of Moraine Avenue, and would be landscaped consistent with the remainder of the frontage. The Planning Commission approved the development plan on November 19, and the Town Board approved the preliminary plat on December 10; both approvals are conditional to approval of the variance. Planning Commission staff report is attached. The variance stems from a request from Planning Division staff to remove a driveway connection east of proposed Unit 13; this connection would have provided a through connection to Park River Place and would have satisfied Fire District requirements. Planning Staff requested this connection be removed to provide additional wildlife habitat and migration corridor, and to alleviate potential traffic impact on the Park River West neighborhood. Engineer: Van Horn Engineering (Joe Coop, Lonnie Sheldon) Parcel Number: 3526400010 Development Area: 7.56 acres Existing Land Use: Resort cabins/multi-family residential (currently unoccupied) Proposed Land Use: Townhouse (residential and accommodations uses allowed) Zoning Designation: A Accommodation Adjacent Zoning: East: RM Multi -family residential North: RM Multi -family residential West: A Accommodations South: A-1 Accommodations Adjacent Land Uses: East: Multi -Family Residential North: Multi -Family Residential West: Multi -Family Residential South: Undeveloped Services: Water: Town of Estes Park Sewer: Upper Thompson Sanitation District REVIEW CRITERIA: In accordance with Section 3.6 C. "Standards for Review" of the EVDC, all applications for variances shall demonstrate compliance with the applicable standards and criteria contained therein. These standards are included in the Board notebooks. REFFERAL COMMENTS AND OTHER ISSUES: This request has been submitted to reviewing agency staff for consideration and comment. This routing included the Town Public Works Department, the Fire District, and CDOT. No significant issues or concerns were expressed by reviewing staff relative to code compliance or the provision of public services. FINDINGS: 1. This request complies with review criteria set forth in Section 3.6.0 of the Estes Valley Development Code. 2. Special circumstances exist and practical difficulty may result from strict compliance with Code standards. 3. The variances are not substantial. 4. The essential character of the neighborhood would not be substantially altered, nor would adjoining properties suffer a substantial detriment. 5. The variances would not adversely affect the delivery of public services. 6. The variances represent the least deviation from the regulations that will afford relief. 7. This request has been submitted to all applicable reviewing agency staff for consideration and comment. No significant issues or concerns were expressed by reviewing staff relative to code compliance or the provision of public services. 7 Estes Valley Board of Adjustment, January 7, 2012 Page 2 of 3 1/ Mountain River Variance Request 8. The submitted conditions or circumstances affecting the property are not of so general or recurrent a nature as to make reasonably practi ble the formulation of a general regulation for such conditions or situations. 9. Failure to apply for a building permit and commence construction or action with regard to the variance approval within one (1) year of receiving approval of the variance shall automatically render the decision of the BOA null and void. TAFF C * E s`ATI • s , • proval conditional to compliance with Development Plan 2013-03. U E TEP *TI I move APP, +VAL (or disapproval) of the requested variances with the findings and conditions recommended by staff. "Y Estes Valley Board of Adjustment, January 7, 2012 Page 3 of 3 "'. Mountain River Variance Request VALLEY «r ,r i �iuuurr M / EC ' '' TRIG urrrl; or Ifs PLAN REVIEW COMMENTS Date: December 27, 2013 Project Identification: Mountain River Townhomes a.k.a. Telemark Location: 650 Moraine Ave. Referral: Mountain River Townhomes (Variance Request) The Estes Valley Fire Protection District has reviewed the submitted material describing the proposed project referenced above, and approves with the following conditions. The Fire District will field verify "No Parking Fire Lane" signage per the following: 1. Fire apparatus access roads shall be permanently signed and / or marked "NO PARKING FIRE LANE" in accordance with municipal sign/traffic standards. A. Access roads less than 26 feet wide shall be marked as fire lanes on both sides of the road. B. Access roads at least 26 feet wide but less than 32 feet wide shall have at least one side of the road marked as a fire lane. C. Access roads at least 32 feet wide need not have fire lane markings. All construction and processes shall be in accordance with the provisions of the International Fire Code (2009 Edition) and the International Building Code (2009 Edition). Nothing in this review is intended to authorize or approve any aspect of this project that does not strictly comply with all applicable codes and standards. Any change made to the plans will require additional review and comments by the Estes Valley Fire Protection District. If you have any questions please feel free to contact me. Sincerely, Marc W. Robinson Fire Marshal 970-577-3689 ., ,, „ sv; �. �wi eti',e:v,lieyt q�°t�m2i�:�i��,.. 901 , Saint r; i A an u Estes Park, Co 8 17 ,0 P-970-577-0900 - F-970-577-0923 ter - I ice e • ora • To: o unity Fro : Je J oles, ate: 12/17/2 e: - Tra • iver To • 13 I evelo ent Tedderana teve ater I ivision evie eaver "oint 1st A ddition, To nho es Variance usch T: Final " evie ark - ountain The ater Department has the following Final/Public Review comments for the above application: The ater Division has no concerns related specifically to this variance request. All previously stated comments dated 12/10/2013 still need addressed regarding the Development Plan/Preliminary Townhome Plat. 12/4/13 Town of Estes Park Mail - REFERRAL FOP COMMENT: Completeness - Tract 6, Be Point #1 Addition, 650 Moraine Aw - Mountain RI ownhome... '1$ Bilobran - CDOT, Timothy <timothy.bilobran • state.co.us> To: Karen Thompson <kthompson estes.org>, dshirk • estes.org Karen and Dave, t Wed, Dec 4, 2013 at 7:03 AM CDOT has no comment on this emergency services turn -around proposal since it is encompassed entirely on private property where we have no jurisdiction. Thank you, Tim Bilobran 970-350-2163 [Quoted text hidden] Tim Bilobran CDOT Region 4 Access Manager, Utility Permits, and Outdoor Advertising Office- (970) 350-2103 Mobile- (87 ) 302-4022 Fax- (97 „ ) 350-2207 Timothy„„BilhboinOstatei CO. Us 1420 2nd Street Greeley, CO 80631 ://mail.goog le.comimail/ca/u/0nui=28416ed2 dc&viev.pt&s .41 rch= in * • g =142bdebf239a1f27 1/1 PP Statement of Intent - Variance °"' ' UNITY I Mountain River Townhomes - 650 Moraine Avenue (Highway 36) November 26, 2013 This variance request is for a fire access turn -around to be in an arterial street setback. The land is zoned A — Accommodations under the current Estes Valley Development Code. The setback is 25' for an arterial street setback and we would like the turn -around to be 10' from the property line. The Requested variance: Table 4-5 - Street Setback -Required: 25' from the property line -Requesting: 10' from the property line Section 7.5, F.2.b.(3) and (6) — Street Frontage Landscape Buffers -Required: 25' from the property line -Requesting: 10' from the property line The property is known as Tract 6 of Beaver Point 151 Addition to the Town of Estes Park and is currently the Telemark Cottages. The property is in the development review process to have a 26 unit townhome development called Mountain River Townhomes. It was approved at Planning Commission on November 19th with a few conditions. It goes to Town Board on December 10`h. One condition is that the project needs to obtain a variance from the Estes Valley Board of Adjustment for the fire access turn -around in the arterial street setback and landscape buffer . The following represents the Standards for Review in the Estes Valley Development Code for a variance request: 1. Special Circumstances or Conditions Exist This property has been in the development review process for the last eight months and many changes have been made to the project to meet requests by the reviewing agencies. Most of have been minor, but the cause for this fire access turn -around has been a rather significant change. It included the removal of the eastern portion of the access drive to the northern units that circled around those units and connected back in to Park River Lane, The project was originally designed that way to provide two accesses for the northern units for emergency purposes. This can be seen in the original design included with this packet as Exhibit "A". There were several comments related to this access drive that caused the redesign. The main reason is for an open corridor for elk to migrate from the north to south, through the property, and back again. The driveway passed through this area and staff requested an open space through there instead. Another reason for removing the drive was the neighbor's in Park River West did not want a driveway off Park River Lane so close to their property because they believed it would encourage more traffic through their development from the residents of Mountain River. We eliminated the eastern portion of this drive as well as a third entry into the lower units to accommodate this request by the residents of Park River West. Removing the eastern portion of the drive resulted in the need for an emergency turn -around at the end for the International Fire Code. After all the iterations of design, a fire access turn -around could not fit in this area without the removal of at least one and more likely two units. This project has already decreased the proposed number of units from 38 to 26 in order to better fit the property and flow of the development. Installing the eastern portion of the drive would not adversely affect units on this project, but trying to fit the emergency turn -around would. If we were to place the turn -around to the south at least one unit would need to be removed. It made more sense to install the turn -around in the corner of the development, pointing to the north, away from the units, rather than turn it to the south and break up the connectivity of units 13-15. It makes the emergency turnaround more independent of the units and less of a possibility for it to turn in to parking spaces. The turn -around will be marked with no parking signs, but keeping it away from the units will be better. This however forces it into the street setback and creates the need for this variance. There have been many factors involved in leading to this variance request. It was the most reasonable solution to appease the desires of the neighbors, planning staff, the fire department and the applicant. Again, a copy of the original design is included with this packet as Exhibit "A". 2. "Practical Difficulty" a. Whether there can be beneficial use of the property without the variance? The property is zoned A -Accommodations and has the potential for 45 multi -family units, 38 duplex units and 28 single family units. Due to the size of an emergency turn -around, the density of the project would be impacted and the applicant has already significantly decreased the possible number of units he originally proposed. The density of this project is less than allowed by the current code and much less than if multi -family units were proposed which would have much more of an impact on the area. b. Whether the variance is substantial? We do not believe the variance is substantial. The turn -around is 20 feet wide in the area it is encroaching. The property's street frontage is over 600 feet long making this a small portion of the overall frontage that we are encroaching on. We are keeping it out of the easement area so it won't affect any future utilities as well. c. Whether the essential character of the neighborhood would be substantially altered or neighbors would suffer a substantial detriment as a result of the variance? There would not be a substantial altering or a major impact on the surrounding properties. The surrounding properties are zoned A - Accommodation and RM-Multi Family Residential. They are all built to a similar density and this emergency turn -around does not interfere with their use. Page 2 of 3 d. Whether the variance would affect the delivery of public services? This variance request keeps the easement along the property line clear and unencumbered. The turn -around is actually located in conjunction with a fire hydrant for best access and availability. There aren't any apparent conflicts with public services. e. Whether the Applicant purchased the property with knowledge of the requirement? The applicant was aware of the requirement for street setbacks, however due to many change requests by various agencies and neighbor's, this was the best solution to fit all the needs requested. f Whether the Applicant's predicament can be mitigated through some other method? The applicant can mitigate the turn -around, but it would sacrifice a unit or two to do so. The best solution for the applicant would be to continue the eastern portion of this drive, but that is something several agencies and neighbors have requested to be removed. This solution is the best for all parties involved. 3. No variance shall be granted if the submitted conditions or circumstances affecting the Applicant's property are of so general or recurrent a nature as to make reasonably practicable the formulation of a general regulation for such conditions or situations. The special circumstances in this case are the review process that led to this solution. After several iterations, this became the best solution for all parties involved. 4. No variance shall be granted reducing the size of lots contained in an existing or proposed subdivision if it will result in an increase in the number of lots beyond the number otherwise permitted for the total subdivision, pursuant to the applicable zone district regulations. This will not increase the density beyond the allowable density. 5. If authorized, a variance shall represent the least deviation from the regulations that will afford relief. This is the minimal request. Another solution is a cul-de- sac, but that would increase the request in the front street setback and encroach on the side setbacks as well as eliminate two units. A cul-de-sac takes up a lot more land than this emergency turn -around. 6. Under no circumstances shall the BOA grant a variance to allow a use not permitted, or a use expressly or by implication prohibited under the terms of this Code for the zone district containing the property for which the variance is sought. This will not occur with this request. 7. In granting such variances, the BOA may require such conditions as will, in its independent judgment, secure substantially the objectives of the standard so varied or modified. Page 3 of 3 Submittal Date: General Information Record Owner(s):_B and L Devel ESTES VALLEY BOARD OF ADJUSTMENT APPLICATION ment Street Address of Lot: 650 Moraine Ave 1j" "n :1'20 u' COP�s h �Y ITY DEVEL0PME I„ Legal Description: Lot: Block: Tract: 6 Subdivision: Beaver Point First Addition to the Town of Estes Park Parcel ID # : 35264-00-010 SidE,: infornlnxion Lot Size 7.56 Acres Existing Land Use Accommodations Proposed Land Use Zoning A -Accommodations Single Family Residential Existing Water Service IXTown Proposed Water Service IXTown Existing Sanitary Sewer Service Proposed Sanitary Sewer Service Existing Gas Service ix Xcel Site Access (if not on public street) Are there wetlands on the site? II mnc'i; ✓ Well r Other (Specify) ✓ Well r Other (Specify) ✓ EPSD rX UTSD r EPSD rX UTSD ✓ Other r None 650 Moraine Ave. r Septic r Septic r Yes rx N Variance Desired (Development Code Section #): Table 4-5 Arterial Street Setback Section 7.5, F.2.b.(3) and (6) Street Frontage Landscape Buffers 11'1 ConInfarnlotion Name of Primary Contact Person Lonnie Sheldon, Van Horn Engineering Complete Mailing Address 600 S. Saint Vrain, Ste 1, Estes Park, CO 80517 Pri Contact Person is Attachrnen!s r Owner r licant IX Consultant/En y sneer rX Application fee (see attached fee schedule) rX Statement of Intent (must comply with standards set forth in Section 3.6.0 of the Estes Valley Development Code) rX 1 copy (folded) of site plan (drawn at a scale of 1" = 201" rX 1 reduced copy of the site plan (11" X 17") The site plan shall include information in Estes Valley Development Code Appendix B.VI15 (attached). The applicant will be required to provide additional copies of the site plan after staff review (see the attached Board of Adjustment variance application schedule). Copies must be folded. Town of Estes Park -e; P.O. Box 1200.. 170 MocGegor Avenue -a Estes Pork, CO 80517 Community Development Department Phone: (970) 577.3721 -a Fax (9703 586-0249 www.estes.org/ComDev Revised 11 /20/09 Contact Information Record Owner(s) B and L Development LLC, do Jeff Moreau Mailing Address 211 4th St.. Estes Park, CO 80517 Phone Cell Phone 970/227-5871 Fax Email Jeff@DallmanConstruction.com Applicant Same as Owner Mailing Address Phone Cell Phone Fax Email Consultant/Engineer Van Horn Engineering Mailing Address 600 S. Saint Vrain. Ste 1. Estes Park. CO 80517 Phone 970/586-9388 Cell Phone 970/443-3271 Fax 970/586-8101 Email lonvhe@airbits.com, ioevhetu'�.airbits.com APPLICATION FEES For variance applications within the Estes Valley Planning Area, both inside and outside Town limits See the fee schedule included in your application packet or view the fee schedule online at: httl /(www.estes.ora/ComDev/Schedules&Fees/PlanninaAoolicationFeeSchedule.odf All requests for refunds must be made in writing. All fees are due at the time of submittal. Revised 11/20/09 APPLICANT CERTIFICATION I hereby certify that the information and exhibits herewith submitted are true and correct to the best of my knowledge and that in filing the application I am acting with the knowledge and consent of the owners of the property. ► In submitting the application materials and signing this application agreement, I acknowledge and agree that the application is subject to the applicable processing and public hearing requirements set forth in the Estes Valley Development Code (EVDC). ► I acknowledge that I have obtained or have access to the EVDC, and that, prior to filing this application, I have had the opportunity to consult the relevant provisions governing the processing of and decision on the application. The Estes Valley Development Code is available online at: htto://www.estes. orq/'Com Dev/ DevCode ► I understand that acceptance of this application by the Town of Estes Park for filing and receipt of the application fee by the Town does not necessarily mean that the application is complete under the applicable requirements of the EVDC. ► I understand that this variance request may be delayed in processing by a month or more if the information provided is incomplete, inaccurate, or submitted after the deadline date. ► I understand that a resubmittal fee will be charged if my application is incomplete. ► The Community Development Department will notify the applicant in writing of the date on which the application is determined to be complete. ► I grant permission for Town of Estes Park Employees and Members of the Board of Adjustment with proper identification access to my property during the review of this application. ► I acknowledge that I have received the Estes Valley Board of Adjustment Variance Application Schedule and that failure to meet the deadlines shown on said schedule shall result in my application or the approval of my application becoming null and void. I understand that full fees will be charged for the resubmittal of an application that has become null and void. ► I understand that I am required to obtain a "Variance Notice" sign from the Community Development Department and that this sign must be posted on my property where it is clearly visible from the road. I understand that the corners of my property and the proposed building/structure corners must be field staked. I understand that the sign must be posted and the staking completed no later than ten (10) business days prior to the Estes Valley Board of Adjustment hearing. ► I understand that if the Board of Adjustment approves my request, "Failure of an applicant to apply for a building permit and commence construction or action with regard to the variance approval within one (1) year of receiving approval of the variance may automatically render the decision of the BOA null and void," (Estes Valley Development Code Section 3.6.D) Names: Record Owner PLEASE PRINT Applicant PLEASE PRINT Signatures: Record Owner Applicant A i/ti/%tly Date Revised 11 /20/09 Zoning Districts § 4.4 Nonresidential Zoning Districts Zoning District �A A-1 CD 4. Table 4-5: Density and Dimensional Standards for the Nonresidential Zoning Districts. Table 4-5 Density and Dimensional Standards Nonresidential Zoning Districts Minimum Land Area per Accommodation or Residential Unit (sq. ft. per unit) Accommodation Unit=1,800 [1]; Residential Units: SF = 9,000; 2-Family = 6,750; MF = 5,400 Minimum Lot Size [7] Area (sq ft) 40,000 [2] Minimum Building/ Structure Setbacks [4] [8] Width Front (ft.) (ft.) Arterial = 25 [5]; 100 [3] All other streets = 15 Side (ft.) 15 [6] Rear (ft) 10 [6] 10,890 15,000 [2] Accommodation Units Only = 1,800; SF & 2-Family (stand-alone) = 9,000; Dwelling Units (1st Floor) 1 unit per 2,250 square feet of gross land area Dwelling Units (2nd Floor) No minimum gross land area per unit (Ord. 15-03 #3) Accommo- dation uses = 20,000 All other uses = n/a Lots fronting arterials = 40,000 [2]; Outdoor Commercial CO n/a Recreation/ Entertain- ment = 40,000 [2] All other lots = 15,000 [2] Arterial = 25 [5]; 50 [3] All other streets = 15 SF & 2-Family (stand- alone) = 25; MF (stand- alone) = 100; All other uses = n/a Fronting arterials = 200; All other lots = 50 Mini- mum 7-- 8 Maxi- mum = 16 Arterial = 25 [5]; All other streets =15 15 10 If lot If lot abuts a abuts a residential residential property = property = 10; 10; All other All other cases = 0 cases = 0 15[6] 15[6] Max. Bldg Height Max. (ft.) [9]FAR 30 30 30 N/A .20 Max. Lot Cover- age (%) 50 30 2.0 n/a 30 .25 65 Supp, 5 4-21 Zoning Districts § 4.4 Nonr esidential Zoning Districts Minimum Land Area per Accommo- dation or Zoning Residential Unit District (sq. ft. per unit) Residential Units (2nd Floor) 0 1 unit 2,250 sq. ft. GFA of principal use. Minimum Lot Size [7] Area. Width (s9 ft) (ft.) Fronting Arterials = 200; All other lots = 50 15,000 [2] Minimum Building/Structure Setbacks [4] [8] Front (ft-) Arterial = 25 [5]; All other streets = 15 Side Rear (ft.) O 15 [6] 15 [6] Max. Building Height (ft.) [9] 30 Max. Lot Max. Coverage FAR (%) .25 50 CH n/a 6,000 [2] 50 15 0 [6] 0 [6] 30 .50 80 I-1 n/a Fronting 15,000 Arterials = [2j 200; All other lots = 50 Arterial = 25 [5]; All other streets = 15 10 [6] 10 [6] 30 .30 80 (Ord. 2-02 #6; Ord. 11-02 §1; Ord. 15-03 #3) NOTES TO TABLE 4-5: [1] For guest units in a resort lodge/cabin use that have full kitchen facilities, the minimum land area requirement per guest unit shall be 5,400 square feet. See also'§5.1.P below. [2] If private wells or septic systems are used, the minimum lot area shall be 2 acres. See also the regulations set forth in §7.12, "Adequate Public Facilities." [3] For lots greater than 2 acres, minimum lot width shall be 200 feet. [4] See Chapter 7, §7.6 for required setbacks from stream/river corridors and wetlands. (Ord. 2-02 #5; Ord. 11-02 §1) [5] All front building setbacks from a public street or highway shall be landscaped according to the standards set forth in §7.5 of this Code. [6] Setback shall be increased to 25 feet if the lot line abuts a residential zoning district boundary. [7] See Chapter 7, §7.1, which requires an increase in minimum lot size (area) for development on steep slopes. (Ord. 2-02 #6) All structures shall be set back from public or private roads that serve more than four dwellings or lots. The setback shall be measured from the edge of public or private roads, or the edge of the dedicated right-of-way or recorded easement, whichever produces a greater setback. The setback shall be the same as the applicable minimum building/structure setback. This setback is applicable only in the "A-1" district. (Ord. 11-02 §1) [9] See Chapter 1, §1.9.E, which allows an increase in the maximum height of buildings on slopes. (Ord. 18-02 #3) 5. Number of Principal Uses Permitted Per Lot or Development Parcel. a. Maximum Number of Principal Uses Permitted. One (1) or more principal uses shall be permitted per lot or development parcel, except that in the A zoning district, only one (1) principal residential use shall be permitted per lot or development parcel. b. Permitted Mix of Uses. Where more than one (1) principal use is permitted per lot or development parcel, mixed -use development is encouraged, subject to the following standards: (1) More than one (1) principal commercial/retail or industrial use permitted by right or by special review in the zoning district may be developed or established together on a single lot or site, or within a single structure, provided that all applicable requirements set forth in this Section and Code and all other applicable ordinances are met. [8] Supp. 5 4-22 General Development Standaro § 7.5 Landscaping and Buffers 5. Irrigation. All newly installed landscapes shall include a properly functioning automated sprinkler system with individual drip lines for nonturf areas. Other forms of irrigation may be approved on a case -by -case basis by Staff. A functional irrigation system is required for final approval of installed landscaping and release of associated collateral or assurances. (Ord. 8-05 #1) E. Landscaping Requirements For Multi -family and Nonresidential Uses. 1. All multi -family and nonresidential land uses, except in the CD Zoning District, shall install at least one (1) tree and three (3) shrubs for every one thousand (1,000) square feet of lot area covered by impervious surfaces, excluding parking lots, but including drives, sidewalks and other hard surfaces. (Ord. 8-05 #1) 2. Planting beds may contain a combination of living plant materials and mulch. Living materials shall comprise no less than fifty percent (50%) of the required planting beds. 3. Plant materials shall be located to enhance views from public streets and sidewalks. Buffering and Screening. 1. Purpose. Buffering is intended to help mitigate the physical, visual and environmental impacts created by development on adjacent properties. Buffering and screening creates a visual buffer between incompatible or differing land uses. 2. Applicability. Buffering is required in the following circumstances: a. District Boundaries. (1) A landscaped buffer shall be planted on the boundary between the zoning districts set forth below, unless the abutting property is determined by Staff to be unbuildable or visually separated by topographic features. District buffers shall not be required for areas where street frontage buffer requirements are met. (Ord. 8-05 #1) (2) The buffer shall be planted within twenty (20) feet of the district boundary. (Ord. 8-05 #1) A minimum buffer consisting of eight (8) evergreen trees and eleven (11) shrubs per one hundred (100) linear feet of district boundary shall be installed between the following zoning districts: (Ord. 8-05 #1) (a) An industrial district and any other zoning district; (b) A commercial or accommodations district and any residential district; (c) A multi -family residential district and any other residential district; or (d) A commercial district and any accommodations district. b. Street Frontage Buffers. (1) Purpose: Landscaping in areas located adjacent to streets is intended to create tree -lined streets, provide shade, improve air quality and enhance property values through improved views for the traveling public. (Ord. 8-05 #1) (3) Supp, 6 7-21 General Development Standar § 7.5 Landscaping and Buffers (2) Exemption: The following shall be exempt from these street frontage buffer requirements: (a) Single-family developments and subdivisions, except in the RM Zoning District. (b) All development in the CD Zoning District. (c) Development in the CH and I-1 Zoning Districts shall be exempt from the nonarterial buffer requirements only. (Ord. 8-05 #1) Property Abutting Arterial Streets. All development on property abutting an arterial street shall provide a landscaped buffer with a minimum width of twenty-five (25) feet along the entire arterial street frontage. See Figure 7-8. (4) Property Abutting Nonarterial Streets. All development on property abutting a nonarterial street shall provide a landscaped buffer with a minimum width of fifteen (15) feet along the entire street frontage. See Figure 7-8. (Ord. 8-05 #1) Planting Requirements (See Figure 7-8). (a) Arterial Street Frontage: (3) (5) One (1) tree shall be planted for each twenty-five (25) lineal feet of street frontage and one (1) shrub for each ten (10) lineal feet of street frontage, positioned to adequately buffer developed frontage as viewed from adjacent street or right-of-way as determined by the Decision -Making Body. (Ord. 8-05 #1) (ii) Side Lot Line Planting Area: Side lot line planting is required for premises abutting an arterial street, but not in the CD or CH Zoning Districts. Required sideline planting shall be provided within five (5) feet of the side lot line between the front lot line and the building line. (b) Nonarterial Street Frontage: One (1) tree shall be planted for each forty (40) lineal feet of street frontage and one (1) shrub for each fifteen (15) lineal feet of street frontage, positioned to adequately buffer developed frontage as viewed from adjacent street or right-of-way as determined by the Decision -Making Body. (Ord. 8-05 #1) (6) No Development in Street Frontage Buffer Area. Within the street frontage buffer, there shall be no development, parking or drives, except for access to the portion of the site not in the buffer, which is approximately perpendicular to the right-of-way, underground utility installation, pedestrian and bicycle paths, allowable signs and necessary lighting. c. Service Areas. All multi -family and nonresidential service areas, such as dumpsters, other trash receptacles and ground -mounted mechanical equipment, shall be screened from public view on three (3) sides by a solid wall or fence at least six (6) feet in height and on the fourth side by a solid gate at least five (5) feet high. The screening structure and gate shall be architecturally compatible with the principal building(s) on the site. (i) Supp. 6 7-22 General Development Standards`" § 7.5 Landscaping and Buffers d. Loading Areas. All commercial and industrial loading areas and docks shall be screened from view from public rights -of -way and residential zone districts. e. Berms. Berms may be utilized as part of street frontage landscaping, but shall vary in height over the length of the berm. (Ord. 8-05 #1) z 3 (1) TREE FOR EVERY 4OU NEAL FEET OF STREET FRONTAGE z 3 h 11 F23 BUFFERING REQUIREMENTS • 100 LINEAL FEET ARTERIAL STREET 50 UNEAL FEET NO '' STREET (1) SHRUB FOR EVERY 10 LINEAL FEET OF STREET FRONTAGE (1) TREE FOR EVERY 25 LINEAL FEET OF STREET FRONTAGE LANDSCAPE BUFFER (1) SHRUB FOR EVERY 15 LINEAL FEET OF STREET FRONTGE PLANTS SHOULD BE GROUPED. NOT EVENLY SPACED LANDSCAPE Figure 7-8 3. Responsibility for Buffering. Buffering shall be the responsibility of new development. Existing land uses may be required to provide buffering if the use is changed, expanded, enlarged or in any other way increases the impacts on adjacent properties or rights -of -way over what is present at the time this regulation is adopted. It shall be the responsibility of the expanded or changed land use to evidence what the uses and impacts were at the time of adoption of this regulation. 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