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AGENDA ITEM NO. City of Cody City Council Page 1 of 2 AGENDA ITEM SUMMARY REPORT An Ordinance to Adopt an Entry Corridor Overlay District as Title 10, Chapter 17 of the City of Cody Code ACTION: First Reading of Ordinance 2015-04, adopting an Entry Corridor Overlay District, which includes landscaping standards. The official public hearing will be held at the May 19, 2015 Council meeting. BACKGROUND: It is currently a requirement of the City code that landscaping plans be submitted for approval by the Planning and Zoning Board for all new development in commercial and industrial zoning districts. However, there are no specific standards to guide applicants or the Planning and Zoning Board in the preparation and review of those plans. With the intent of establishing specific landscaping standards for properties along the entry corridors (commercial areas along the state highways), the City Council directed the formation of a subcommittee to prepare an ordinance for their consideration. The attached ordinance is the result of the work of the subcommittee and Planning and Zoning Board. The proposed ordinance creates an “overlay” district, much like the downtown architectural district, in that it establishes standards in addition to those of the underlying zoning district. The first part of the ordinance sets up the overlay, while the balance of the ordinance outlines the landscaping standards for properties within that overlay. A few highlights of the ordinance: • The overlay requirements (landscaping) only apply to new development and redevelopment. • A minimum of 5% of the property is to be landscaped. • If <10% expansion or redevelopment, the project is exempt. • If 10-75% expansion or redevelopment, proportional compliance is required. • >75% expansion or redevelopment, full compliance is required. • A variety of landscaping materials are acceptable, provided they are arranged to give a 3D presence to the landscaped area. FISCAL IMPACT No direct impacts to the City budget are anticipated. ATTACHMENTS Ordinance 2015-04 and Exhibit (Overlay District Boundary on Zoning Map). ALTERNATIVES Approve, deny, or amend Ordinance 2015-04. MEETING DATE: MAY 5, 2015 DEPARTMENT: CITY PLANNER PREPARED BY: TODD STOWELL CITY ADM. APPROVAL: PRESENTED BY: TODD STOWELL ---PAGE BREAK--- AGENDA ITEM NO. City of Cody City Council Page 2 of 2 RECOMMENDATION The Planning and Zoning Board recommended approval of Ordinance 2015-04 at their April 14, 2015 meeting. ---PAGE BREAK--- ORDINANCE NO. 2015-04 AN ORDINANCE TO ADOPT AN ENTRY CORRIDOR OVERLAY DISTRICT AS TITLE 10, CHAPTER 17 OF THE CITY OF CODY CODE WHEREAS, on April 14, 2015, the City of Cody Planning, Zoning, and Adjustment Board recommended adoption of an ordinance to create an Entry Corridor Overlay District, with associated landscaping standards, which recommendation the governing body has received and fully considered; and, WHEREAS, the ordinance will provide direction to applicants as they prepare their landscaping plans for development along the City’s entry corridors, and to the Planning and Zoning Board as they review those plans; WHEREAS, the Entry Corridor Overlay District and associated standards are intended to improve, protect and conserve property values; promote health and general welfare; and prevent the overcrowding of land; and, WHEREAS, after holding a properly advertised public hearing on May 19, 2015, and considering all public comments, the governing body has determined that it is in the public interest to adopt an Entry Corridor Overlay District as Title 10, Chapter 17 of the City of Cody code. NOW THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF CODY, PARK COUNTY, WYOMING: SECTION 1: The following is hereby adopted as Title 10, Chapter 17, of the City of Cody Code: CHAPTER 17 ENTRY CORRIDOR OVERLAY DISTRICT 10-17-1 PURPOSE: The purpose of the entry corridor overlay district is to promote attractive development and redevelopment along the main commercial corridors of the City. The implementation of this overlay zone will help make the community more attractive and livable; improve and maintain property values; enhance the appeal of the City to residents, tourists and other visitors; and promote increased economic activity. 10-17-2 OVERLAY DISTRICT: The entry corridor overlay district is an overlay district, in that the standards set forth herein are in addition to those of the underlying zoning district. 10-17-3 DISTRICT BOUNDARIES: The entry corridor overlay district includes those properties identified as such on Exhibit A to this ordinance, and shall hereafter be identified on the official zoning district map of the City of Cody. Furthermore, any development or redevelopment project that is partially within the entry corridor overlay district shall be subject to the regulations of this chapter as if it were fully located within the district. 10-17-4 APPLICABILITY: Any redevelopment or new development within the overlay district, whether conducted within a building or outdoors (e.g. vehicle display), shall be subject to the full provisions of this chapter; with the following exceptions: A. Residential buildings with less than four dwelling units shall be exempt from the requirements of this chapter. B. Replacement of a building due to its destruction from accidental fire, explosion or other casualty, act of God, the public enemy, or intentional acts other than those caused directly or indirectly by the owner shall be exempt; provided a ---PAGE BREAK--- building permit for such replacement is obtained within 365 days of the destructive event. This exception applies only to the extent and size of the previously existing building. C. Redevelopment that involves voluntary replacement of less than ten (10) percent of a building, and new development that increases building size or outdoor use area by less than ten (10) percent, need not comply with the requirements of this chapter. The percentage shall be calculated from the date of adoption of this ordinance. D. Redevelopment that involves voluntary replacement of 10 to 75 percent of a building, and new development that increases building size or outdoor use area by 10 to 75 percent, need only provide landscaping according to the requirements of section 10-17-5 in proportion to the percent of redevelopment/development. The percentage shall be calculated from the date of adoption of this ordinance. (Note: Redevelopment that involves voluntary replacement of more than 75 percent of a building, and new development that increases building size or outdoor use area by more than 75 percent shall fully comply with the landscaping requirement of section 10-17-5.) 10-17-5 LANDSCAPING: A. Landscaping shall be provided within the entry corridor overlay district in the following manner. 1. A minimum of five percent of the subject property shall be landscaped, except as noted below. For purposes of calculating the size of the subject property, any undevelopable land (e.g. hillside) shall not be included. Existing landscaping that is healthy and otherwise meets the standards of this chapter may be counted towards this requirement. 2. The required landscaping shall be primarily located in the front of the property and should typically be along the street frontage, in landscaped islands, and next to the building. 3. Landscaping materials shall be of sufficient size, number, and variety to give a three-dimensional presence (height, width, and depth) to the landscaped area(s). 4. Suitable landscaping materials include trees, shrubs, groundcover, flowers, ornamental grasses, decorative rock, landscape boulders, water features, works of art, and other similar materials approved by the Planning and Zoning Board. 5. Trees shall be of good quality and measure in size a minimum of 1 ½ inch caliper (tree diameter, measured 6” above ground) if deciduous, and a minimum of four feet in height if evergreen. Tree seedlings and whips may supplement larger trees, but alone shall not be considered sufficient where trees are used to comply with 10-17-5(A)(3) above. 6. All vegetation is to be climate and location appropriate, such that it will grow and thrive where planted. 7. All landscape plants shall be provided with a method of irrigation. 8. Up to one-fourth of the required landscaping may be located in the public street right-of-way when the street is improved with curb, gutter and sidewalk and not identified for future widening on any WYDOT or City transportation improvement plan. Any landscaping within the right-of-way further requires an encroachment permit from WYDOT or Public Works, as applicable. 9. Protection of utility lines in landscape areas shall be accomplished by complying with the requirements outlined in Title 7 Chapter 4 of the City Code. 10. If a final certificate of occupancy for the project is desired prior to completion of the landscaping, the property owner or lessee shall provide a financial security in such form and amount acceptable to the City to guarantee installation of all landscaping by a date agreeable to the City, based on the specific characteristics of the situation. If weather is not a factor, a typical deadline will be 90 days from the date of occupancy. If ---PAGE BREAK--- weather precludes installation, the deadline shall not be later than June 15th of the next growing season. B. Maintenance required. All landscaping required by this chapter or previously approved site plans is to be maintained in a healthy, weed-free, manner. Dead and severely diseased vegetation shall be replaced with similar types of healthy living plants, or as otherwise authorized by the Planning and Zoning Board so that the intent of the landscaping plan is met. Plans: Landscape plans shall be submitted to the City for all landscaping required pursuant to this section. The plans shall be drawn to scale and depict the type, number, sizes and approximate locations of all landscaping materials. Review and approval of landscaping plans shall be by the Planning and Zoning Board. Landscaping plan review is to be conducted in conjunction with required site plan or landscape and architectural review, when such review is required. If no other review is required, the landscape plan review may be conducted independently by the Board. The Planning and Zoning Board has authority to approve, deny, or require modifications to landscaping plans, based upon the standards of this chapter. SECTION 2: EFFECTIVE DATE. That this Ordinance shall become effective after final passage and publication in the Cody Enterprise as required by law. SECTION 3: SEVERABILITY. Should any portion of this ordinance be found for any reason to be unconstitutional, unlawful or otherwise void or unenforceable, the balance of the ordinance shall be severable therefrom, and shall survive such declaration, remaining in full force and effect. PASSED ON FIRST READING: PASSED ON SECOND READING: PASSED ON THIRD READING: Nancy Tia Brown, Mayor Attest: Baker Administrative Services Director ---PAGE BREAK--- ---PAGE BREAK--- NOTICE OF PUBLIC HEARING The Cody City Council will hold a public hearing to consider if it is in the public interest to create an Entry Corridor Overlay District and specify minimum landscaping requirements for new development within the District. The public hearing will be held on Tuesday, May 19, 2015, at 7:00 p.m., or as soon thereafter as practical, in the City Council Chambers located in City Hall at 1338 Rumsey Avenue, Cody, WY. The proposed district would generally include all properties bordering a state highway, which are within the city limits, except central downtown. The ordinance as recommended by the Planning and Zoning Board would require a minimum of five percent landscaping in new developments. The proposed ordinance and district map are available in the Community Development Dept. at City Hall, and by contacting the city planner at (307) 527-7511, or [EMAIL REDACTED]. Publish April 30, 2015 ---PAGE BREAK--- ---PAGE BREAK--- DRAFT TEXT FOR ORDINANCE 2015-04 (Planning and Zoning Board Recommended Version) Chapter 17 ENTRY CORRIDOR OVERLAY DISTRICT 10-17-1 PURPOSE: The purpose of the entry corridor overlay district is to promote attractive development and redevelopment along the main commercial corridors of the City. The implementation of this overlay zone will help make the community more attractive and livable; improve and maintain property values; enhance the appeal of the City to residents, tourists and other visitors; and promote increased economic activity. 10-17-2 OVERLAY DISTRICT: The entry corridor overlay district is an overlay district, in that the standards set forth herein are in addition to those of the underlying zoning district. 10-17-3 DISTRICT BOUNDARIES: The entry corridor overlay district includes those properties identified as such on Exhibit A to this ordinance, and shall hereafter be identified on the official zoning district map of the City of Cody. Furthermore, any development or redevelopment project that is partially within the entry corridor overlay district shall be subject to the regulations of this chapter as if it were fully located within the district. 10-17-4 APPLICABILITY: Any redevelopment or new development within the overlay district, whether conducted within a building or outdoors (e.g. vehicle display), shall be subject to the full provisions of this chapter; with the following exceptions: A. Residential buildings with less than four dwelling units shall be exempt from the requirements of this chapter. B. Replacement of a building due to its destruction from accidental fire, explosion or other casualty, act of God, the public enemy, or intentional acts other than those caused directly or indirectly by the owner shall be exempt; provided a building permit for such replacement is obtained within 365 days of the destructive event. This exception applies only to the extent and size of the previously existing building. C. Redevelopment that involves voluntary replacement of less than ten (10) percent of a building, and new development that increases building size or outdoor use area by less than ten (10) percent, need not comply with the requirements of this chapter. The percentage shall be calculated from the date of adoption of this ordinance. D. Redevelopment that involves voluntary replacement of 10 to 75 percent of a building, and new development that increases building size or outdoor use area by 10 to 75 percent, need only provide landscaping according to the requirements of section 10-17-5 in proportion to the percent of redevelopment/development. The percentage shall be calculated from the date of adoption of this ordinance. (Note: Redevelopment that involves voluntary replacement of more than 75 percent of a building, and new development that increases building size or outdoor use area by more than 75 percent shall fully comply with the landscaping requirement of section 10-17-5.) ---PAGE BREAK--- 10-17-5 LANDSCAPING: A. Landscaping shall be provided within the entry corridor overlay district in the following manner. 1. A minimum of five percent of the subject property shall be landscaped, except as noted below. For purposes of calculating the size of the subject property, any undevelopable land (e.g. hillside) shall not be included. Existing landscaping that is healthy and otherwise meets the standards of this chapter may be counted towards this requirement. 2. The required landscaping shall be primarily located in the front of the property and should typically be along the street frontage, in landscaped islands, and next to the building. 3. Landscaping materials shall be of sufficient size, number, and variety to give a three- dimensional presence (height, width, and depth) to the landscaped area(s). 4. Suitable landscaping materials include trees, shrubs, groundcover, flowers, ornamental grasses, decorative rock, landscape boulders, water features, works of art, and other similar materials approved by the Planning and Zoning Board. 5. Trees shall be of good quality and measure in size a minimum of 1 ½ inch caliper (tree diameter, measured 6” above ground) if deciduous, and a minimum of four feet in height if evergreen. Tree seedlings and whips may supplement larger trees, but alone shall not be considered sufficient where trees are used to comply with 10-17-5(A)(3) above. 6. All vegetation is to be climate and location appropriate, such that it will grow and thrive where planted. 7. All landscape plants shall be provided with a method of irrigation. 8. Up to one-fourth of the required landscaping may be located in the public street right-of-way when the street is improved with curb, gutter and sidewalk and not identified for future widening on any WYDOT or City transportation improvement plan. Any landscaping within the right-of-way further requires an encroachment permit from WYDOT or Public Works, as applicable. 9. Protection of utility lines in landscape areas shall be accomplished by complying with the requirements outlined in Title 7 Chapter 4 of the City Code. 10. If a final certificate of occupancy for the project is desired prior to completion of the landscaping, the property owner or lessee shall provide a financial security in such form and amount acceptable to the City to guarantee installation of all landscaping by a date agreeable to the City, based on the specific characteristics of the situation. If weather is not a factor, a typical deadline will be 90 days from the date of occupancy. If weather precludes installation, the deadline shall not be later than June 15th of the next growing season. B. Maintenance required. All landscaping required by this chapter or previously approved site plans is to be maintained in a healthy, weed-free, manner. Dead and severely diseased vegetation shall be replaced with similar types of healthy living plants, or as otherwise authorized by the Planning and Zoning Board so that the intent of the landscaping plan is met. C. Plans: Landscape plans shall be submitted to the City for all landscaping required pursuant to this section. The plans shall be drawn to scale and depict the type, number, sizes and approximate locations of all landscaping materials. Review and approval of landscaping plans shall be by the Planning and Zoning Board. Landscaping plan review is to be conducted in conjunction with ---PAGE BREAK--- required site plan or landscape and architectural review, when such review is required. If no other review is required, the landscape plan review may be conducted independently by the Board. The Planning and Zoning Board has authority to approve, deny, or require modifications to landscaping plans, based upon the standards of this chapter. H:\PLANNING DEPARTMENT\ORDINANCE\ENTRY CORRIDOR\DRAFT FOR COUNCIL MTG.DOCX