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Regional Building Code (RBC) Section 313, adopted by Section 7.4.1402, is subject to the following modifications, additions, or deletions:
A. RBC 313.6, Definitions, is amended as follows:
"Appeal: A request for a review of the Floodplain Administrator's decision or interpretation of any provision of this Section or for a review of the Drainage Board's decision on appeal, grant of relief or interpretation of any of the provisions of this Part 7.4.8."
B. RBC 313.17.1, Appeal Board, is deleted and replaced with the following:
"RBC 313.17.1, Appeals.
1. The Drainage Board shall hear and decide appeals of decisions of the Floodplain Administrator (FPA) when it is alleged there is an error in any requirement, decision or determination made by the FPA in the enforcement or administration of this Section.
2. Any person aggrieved by a decision of the FPA may appeal to the Drainage Board, provided a written notice of appeal, stating the grounds for appeal, is filed with the Stormwater Enterprise Manager within thirty (30) days after the date of the FPA's decision. The Drainage Board shall hear the appeal at the next available meeting, but not less than fourteen (14) days after receipt of the notice of appeal.
3. The Drainage Board shall conduct a public hearing on the appeal and shall consider the factors set forth in Subsection 5 below. At the conclusion of the hearing, the Drainage Board shall make appropriate findings and determine whether the FPA's decision shall stand, be overturned, or modified. Unless appealed to City Council, the Drainage Board's decision shall be considered final agency action for all purposes under Colorado law.
4. Those aggrieved by the decision of the Drainage Board may appeal the decision to City Council, provided that a notice of appeal, stating the grounds for appeal, is filed with the City Clerk within ten (10) days after the Drainage Board's decision. The City Clerk, upon receiving a perfected appeal, shall forward the record of the Drainage Board to City Council, and the matter shall be set for a public hearing at the next available City Council meeting. The City Council may hear the appeal de novo or may limit the hearing to the issues identified in the notice of appeal. At the conclusion of the public hearing, the City Council shall determine whether there is substantial evidence in the record to support the Drainage Board's decision, and if so, then the decision must be affirmed. If there is not substantial evidence in the record to support the Drainage Board's decision, the City Council may overturn the decision or modify it.
5. In passing upon appeals of the FPA's decision, the Drainage Board shall consider all technical evaluations, all relevant factors, standards specified in other Sections of the Section, and:
a. The danger that materials may be swept onto other lands to the injury of others;
b. The danger to life and property due to flooding or erosion damage;
c. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;
d. The importance of the services provided by the proposed facility to the community;
e. The necessity to the facility of a waterfront location, where applicable;
f. The availability of alternate locations for the proposed use, which are not subject to flooding or erosion damage;
g. The compatibility of the proposed use with existing and anticipated development;
h. The relationship of the proposed use to the Colorado Springs Comprehensive Plan and floodplain management program for that area;
i. The safety of access to the property in times of flood for ordinary and emergency vehicles;
j. The expected heights, velocity, duration, rate of use, and sediment transport of the flood waters and the effects of wave action, if applicable, and expected at the site; and
k. The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems, and streets and bridges.
6. Upon consideration of the factors listed in Subsection 5 above, the Drainage Board may impose conditions on the FPA's decision as it deems necessary to further the purposes of this Section.
7. The FPA shall maintain the records of all appeal actions and report any variances to FEMA upon request.
C. RBC 313.17.2, Condition for Variances, is deleted and replaced with the following:
"RBC 313.17.2, Conditions for Pre-Construction Variances.
1. Development permits may be issued by the FPA for the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places, the State Inventory of Historic Places, or part of a local Historic Preservation District or a locally designated historic landmark, without regard to the procedures set forth in the remainder of this Subsection. Infill of vacant lots within the Historic Preservation District may be issued variances provided that the provisions of this Section are met. All other variances shall be reviewed and approved by the Drainage Board.
2. No application for variances shall be accepted or considered for an existing structure.
3. The Drainage Board shall conduct a public hearing on all applications for a variance. The FPA shall be given an opportunity to comment on the application and make a recommendation to the Board. The applicant shall be given an opportunity to support the request for variance and respond to any comments by the FPA. The public shall be given an opportunity to comment on the application.
4. Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.
5. Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
6. Variances shall only be issued upon the Drainage Board's finding that the application substantially complies with the following:
6.1. A showing of good and sufficient cause;
6.2. A determination that failure to grant the variance would result in exceptional hardship to the applicant; and
6.3. A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud or victimization of the public as identified in Regional Building Code Section 313.17.1, Items 1 through 7, or conflict with existing local laws or ordinances."
7. Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with a lowest floor elevation below the base flood elevation and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation.
D. RBC 313.18.5, Subdivision Proposals, is amended to read as follows:
"RBC 313.18.5, Subdivision Proposals.
1. All proposed subdivisions shall be consistent with the need to minimize flood damage;
2. All proposed subdivisions shall have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize flood damage;
3. All proposed subdivisions shall have adequate drainage provided to reduce exposure to flood damage; and,
4. FEMA approved base flood elevation data and 100-year floodplain boundaries shall be provided and shown on the Subdivision Plat;
5. If a proposed subdivision is located within three hundred (300) feet of a zone A floodplain, FEMA approved base flood elevations and boundaries are required to be determined and shown on plat, or a floodplain certification letter by a professional engineer or architect licensed by the State of Colorado shall be provided stating that "Based on field verified characteristics of the property (topography, etc.), the property is reasonably safe from flooding and to the best of the engineer's knowledge if the 100-year floodplain were studied it would not enter the property in question".
(Ord. 23-03; Ord. 23-16)
The degree of flood protection required by this Part 7.4.8 is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by manmade or natural causes. This Part 7.4.8 does not imply that land outside the areas of flood hazard or uses permitted within such areas will be free from flooding or flood damages. This Part 7.4.8 shall not create liability on the part of the City, any officer or employee of the City, or the Federal Emergency Management Agency, for any flood damages that result from reliance on this Part 7.4.8 or any administrative decision lawfully made. (Ord. 23-03)
PART 9 LANDSCAPING AND GREEN SPACE
SECTION:
7.4.901: Purpose
7.4.902: Applicability
7.4.903: Landscape Policy Manual
7.4.904: General Landscape And Green Space Requirements
7.4.905: Street Frontage And Street Trees
7.4.906: Property Edge Landscape Buffers
7.4.907: Parking Lot Landscaping
7.4.908: Additional Interior Landscaping
7.4.909: Screening
7.4.910: Fences And Walls
7.4.911: Conservation Of On- Site Trees And Shrubs
7.4.912: Landscape Installation, Verification, And Deferral
7.4.913: Alternatives And Adjustments
The purpose of this Part 7.4.9 is to establish requirements for the design, installation, and maintenance of landscapes that contribute ecologically and aesthetically to the growth and economic prosperity of the City; that achieve healthy, attractive, and safe environments according to recognized water conservation principles; and that conserve, protect, and promote the unique natural identity and environment of the City; and to establish standards that:
A. Protect and efficiently use limited water resources through water conservation including the use of xeriscape principles, standards for the selection, installation, and maintenance of organic soil amendments and plant materials, and the conservation of indigenous plant communities;
B. Enhance the aesthetics of the City, through enhanced streetscapes, the incorporation of native and compatible introduced plants, plant communities, and ecosystems into landscape design, the screening of parking lots and objectionable uses and activities, and the incorporation of green space in ways that harmonize and enhance the natural and built environment;
C. Improve environmental quality by reducing the urban heat island effect, conserving native plant communities and vegetation, reducing soil erosion, reducing air, water, and noise pollution by reducing the mowing and fertilization requirements of limited turf areas, and preserving ecological diversity and species habitat;
D. Support the installation of landscapes suited to local soil, climate, water supply, and on-site conditions for improved plant growth and survivability;
E. Protect existing vegetation, including natural plant communities, to mitigate the effects of development on the natural environment;
F. Make the City more attractive through the physical and psychological benefits of landscaping that soften the visual harshness of urban development, by stimulating pride in the City's natural heritage, and by protecting the public health, safety, and general welfare;
G. Safeguard and enhance the value of land and public and private investment through incorporation of landscaping into development; and retain and enhance the City's natural beauty, which is an important factor in attracting economic development;
H. Control certain exotic plant species that have a negative effect on public health or degrade native ecosystems; and
I. If the property is located within the WUI-O district, provides for reduced wildfire risks through the City of Colorado Springs Fire Prevention Code and Standards landscaping requirements. (Ord. 23-03)
A. General Standards: Except as otherwise provided by Subsection B below, the requirements of this Part 7.4.9 shall apply to all land when the following activities take place:
1. All new construction of primary structures;
2. All construction projects that increase the gross floor area of any primary structure on the lot by fifty (50) percent or more, measured cumulatively with any other activities that increased gross floor area of primary structures on the lot in the previous five (5) years;
3. If a site has sixty (60) percent or more impervious area, any site alteration that increases impervious surface area by ten (10) percent through any change other than an increase in the gross floor area of any primary structure, unless the property as a whole complies with the standards in Subsection 7.4.202A (Sustainability and Resilient Development Incentive);
4. Any change of use that results in the conversion of an attached or detached single-family or two-family dwelling to multi-family or nonresidential use;
5. The conversion of vacant land to nonresidential use that does not involve the construction of a primary structure;
6. The total redevelopment (demolition and new construction) of any primary structure on a lot; and
7. All government and utility service property zoned PF (Public Facilities);
8. Any alteration or reconfiguration of fifty (50) percent or more of existing developed landscape areas; and
9. A project that seeks a Major Modification to an approved Development Plan, including a change of use.
B. Exemptions: Except as provided in Subsection D below, the following are exempt from the requirements of this Part 7.4.9:
1. An individual detached single-family or two-family dwelling on its own lot;
2. Any valid, unexpired Development Plan approved prior to November 1, 1998, for which there is neither a change of use nor a major amendment to the plan;
3. Any temporary event approved in accordance with this UDC;
4. Any construction projects that increase the gross floor area of any primary structure on the lot by less than fifty (50) percent, measured cumulatively with any other activities that increased gross floor area of primary structures on the lot in the previous five (5) years;
5. Bona fide agricultural activities;
6. Currently approved Development Plans that are changed by a Minor Modification after the Effective Date of the UDC;
7. Master planned public parks, zoned PK, in conformance with Section 7.2.406 (PK: Public Parks); and
8. Medians in arterial street rights-of-way approved by the Park and Recreation Advisory Board.
C. Land in WUI-O District: Projects in the WUI-O district shall comply with additional requirements in Section 7.2.604 (WUI-O: Wildland Urban Interface Overlay) and related City of Colorado Springs Fire Prevention Code and Standards requirements.
D. Land in the SS-O District: Projects in the SS-O district shall comply with additional requirements in Section 7.2.603 (SS-O: Streamside Overlay).
E. Special Requirements: The following requirements shall apply to attached or detached single-family or two-family dwelling residential projects:
1. Maximum High Water Use Turfgrass: To reduce the use of the City's limited water resources for outdoor irrigation:
a. No more than twenty-five (25) percent of the portion of a lot not covered by a primary or accessory structure or a driveway, patio, deck, or walkway, and no contiguous area less than one hundred (100) square feet in area, shall be planted with High Water Use Turfgrass. The one hundred (100) square foot limit shall not apply to the Parkway.
b. The irrigation water service connection shall be sized appropriately to accommodate irrigation during the hours and days outlined in the Water Shortage Ordinance, Chapter 12, Article 4, Part 13 of the Code of the City of Colorado Springs. All irrigation water shall be metered and have appropriate backflow prevention as identified by Colorado Springs Utilities Water Line Extension and Service Standards.
c. Any restrictive covenant that becomes effective on or after November 1, 1998, shall not require the use of High Water Use Turfgrass. This provision shall not restrict the individual and voluntary use of High Water Use Turfgrass.
2. Double Frontage Lot Streetscape:
a. Where double frontage lots are approved as part of a Subdivision Plat, Land Use Plan, or Development Plan, installation of landscape is required in all adjacent tracts and right-of-way areas. This includes any proposed landscape improvements including irrigation system, plant material, fence, and sidewalk along the secondary frontage (generally that facing an arterial or collector street not providing access to the lot). Installation shall be the responsibility of the developer.
b. Maintenance shall be the responsibility of a homeowners' association or other special district or association acceptable to the City, and shall be so noted on the Subdivision Plat, Land Use Plan, or Development Plan. Establishment of a landscape easement with individual lot owner responsibility is not acceptable and a creation of a landscape tract to be maintained by an entity acceptable to the Manager may be required.
3. Common Areas: Landscaped common areas, such as green space tracts, entrances, medians, and roundabouts in attached or detached single-family or two-family dwelling residential projects shall be installed by the developer. Responsibility for maintenance of all such common areas shall be given to a homeowners' association or other special district or association acceptable to the City, and shall be so noted on the Development Plan, Subdivision Plat, or Land Use Plan.
4. Dissolved Homeowners' Association or Other Special District: Where a homeowners' association or other special district or association that is responsible for maintenance of landscaped common areas dissolves or is no longer in existence, the current owner of the landscaped common areas shall be responsible for maintenance.
F. Preservation Areas:
1. Subdivision Plats or Land Use Plans may designate areas of land or water as preservation areas in which the following activities are prohibited unless specifically permitted by the approved Subdivision Plat or Land Use Plan.
a. Construction or placing of buildings, roads, signs, billboards or other advertising, utilities, or other structures on or above the ground;
b. Dumping or placing of soil or other substance or material as landfill, or dumping or placing of trash, waste or unsightly or offensive materials;
c. Removal or destruction of trees, shrubs, or other vegetation;
d. Excavation, dredging or removal of loam, gravel, soil, rock, or other mineral substance in such manner to affect the surface;
e. Activities detrimental to drainage, flood control, erosion control or soil conservation; or
f. Other acts or uses detrimental to such retention of land or water areas.
2. Some preservation areas may be further designated as "Oasis" plant communities in which indigenous plant communities are retained in their entirety, with canopy trees, understory plants and ground covers left intact and undisturbed as credit toward required landscaping on Development Plans.
G. FBZ Regulating Plans: Alternate landscaping standards may be included as a part of an FBZ regulating plan. In case of a conflict between the provisions of this Part 7.4.9, and the landscaping standards included in an FBZ regulating plan, the standards included in an FBZ regulating plan shall apply. (Ord. 23-03)
A. The Planning Department is authorized to adopt, and as necessary make revisions to, a Landscape Policy Manual containing provisions that implement and supplement the provisions of this Part 7.4.9, Section 7.5.524 (Administrative Adjustment), Section 7.5.803 (Nonconforming Site Features), and Chapter 7 of this Code, and other City regulations and standards as they relate to landscaping, irrigation, buffering, screening, fences, grading, and walls.
B. The Landscape Policy Manual includes information about policies, procedures, standards, and maps relevant to this Part 7.4.9. In particular, the manual provides specific information on permitted and prohibited species; guides to xeriscape, Signature Landscapes, irrigation and other water-conserving forms of landscaping that are highly adapted to the microclimates of the City; information about preservation of trees including preservation areas, the Oasis landscaping concept, available credit for preservation of existing vegetation; and submission requirements for the landscape plan, irrigation plan, and other materials required to be filed with the City.
C. Specifications, plans, and construction practices regarding the irrigation system and Total Landscape Water Budget Methodology shall comply with the Landscape Policy Manual.
D. The provisions of the Landscape Policy Manual shall supplement but not supersede the requirements of this UDC. If there is a conflict between the standards in this Part 7.4.9 and the provisions of the Landscape Policy Manual, the provisions of this Part 7.4.9 shall apply. If the Manual addresses a topic related to landscaping, irrigation, buffering, screening, grading, fences, and walls that does not conflict with this UDC, the applicant shall comply with all provisions, policies, and standards in the Landscape Policy Manual to the maximum extent feasible. (Ord. 23-03)
A. Required Plans and Documents:
1. When Landscape and Irrigation Plans are required as part of the applications described below:
a. A Preliminary Landscape Plan, with applicable supporting material, shall be approved concurrently with the Development Plan review if a Final Landscape Plan is not submitted.
b. A Final Landscape Plan, with applicable supporting material, shall be submitted with the Development Plan or at time of Building Permit application and shall be approved before any Building Permit approval, any landscape construction, and issuance of a Certificate of Occupancy. Development within the WUI-O district shall submit the Final Landscape Plan concurrent with the Development Plan review, and the Fire Code Official shall give approval prior to any landscape installation and issuance of a Certificate of Occupancy.
c. An Irrigation Plan, with applicable supporting material:
(1) Shall be submitted with the Development Plan or at the time of Building Permit application and shall be approved before any Building Permit approval, irrigation construction, and issuance of a Certificate of Occupancy; or
(2) Upon request by the applicant, the irrigation plan can be submitted ninety (90) days subsequent to a Building Permit issuance and approved prior to any irrigation construction and issuance of a Certificate of Occupancy. Specifications, plans, and construction practices regarding the irrigation system shall comply with the Landscape Policy Manual.
d. For commercial projects less than one (1) acre in size, the Manager may require that the Final Landscape and Irrigation Plan, with applicable support material, be submitted and approved concurrent with the Development Plan review.
e. In the case of the conversion of land requiring a Development Plan that does not involve the construction of a structure, a Final Landscape and Irrigation Plan, with applicable support material, shall be submitted and approved concurrent with the Development Plan review.
2. Documents shall clearly and completely describe the design and any techniques and features provided to implement the design and meet the requirements of this Part 7.4.9 and the current approved Landscape Policy Manual.
3. A Landscape Architect licensed by the State of Colorado shall prepare all required landscape plans and supporting material.
4. A Landscape Architect licensed by the State of Colorado or a Certified Irrigation Designer shall prepare all required irrigation plans and supporting material.
B. Site Category Areas Required to be Landscaped:
1. The following areas of each lot or contiguous lots in a common development are required to be landscaped in accordance with the requirements of this Part 7.4.9:
a. Street frontages and parkways, and double frontage lot streetscapes (see Section 7.4.905 (Street Frontage and Street Trees));
b. Property edge landscape buffers (see Section 7.4.906 (Property Edge Landscape Buffers));
c. Parking lots (see Section 7.4.907 (Parking Lot Landscaping));
d. The interior of the development (see Section 7.4.908 (Additional Interior Landscaping)); and
e. Screening (see Subsection 7.4.908D.7 (Location of Landscaping)).
2. The locations and quantities of plants shall comply with the requirements established for the various category areas to be landscape as listed in Subsection B above. The site category minimum number of trees are cumulative. Areas or trees provided to meet each site category requirement may not consist of areas or trees that are proposed to meet the minimum requirements of other site categories.
C. Any calculation of a landscaping requirement that results in a fractional number shall follow Section 7.6.202 (Fractions).
D. Plant Materials:
1. General:
a. All trees and vegetation shall comply with the Landscape Policy Manual and all other standards of the Manual. Alternative or new species may be approved by the Manager provided they comply with the intent of this Part 7.4.9 and the Landscape Policy Manual.
b. Trees shall be spaced to allow for mature growth of trees, in accordance with the Landscape Policy Manual, without interfering with maintenance or use of overhead power lines, underground utility infrastructure, structures, walks, or drives.
c. The minimum planting or installation sizes of plant materials shall comply with Table 7.4.9-A.
Plant Material Requirements | |
Plant Type | Minimum Planting or Installation Size |
Deciduous shade tree | 1.5 inch caliper measured 6 inches above ground |
Deciduous ornamental tree | 1 inch caliper measured 6 inches above ground; or Multi-stemmed clump form with minimum height of 4 feet |
Evergreen tree | 6 feet height |
Evergreen and deciduous shrubs | #5 container size |
Ornamental grasses | #3 or #5 container size |
Ground covers and vines | 2.25 or 4 inch flat-type container, #1 or #5 container size |
d. To promote species diversity, on sites with twelve (12) or more trees, no more than thirty-five (35) percent of the trees used on a site may be from a single tree species.
e. At least forty (40) percent of site trees shall be trees that will exceed thirty (30) feet in height at maturity.
f. Tree species with invasive roots and brittle branches shall be planted at least twenty-five (25) feet from public wastewater, water, and stormwater lines, streets, curbs, and sidewalks. These species include Elder (Sambucus), Willow (Salix) and Cottonwood (Populus).
g. Plants with similar water needs within each site microclimate (i.e., shade, west facing, toe of slope, etc.) shall be zoned or grouped together for efficiency of water application, to prevent water waste, and to provide optimum application of water to the plants.
2. High Water Use Turfgrass:
a. High Water Use Turfgrass shall be hydrozoned and irrigated separately because of its unique water demand.
b. High Water Use Turfgrass cannot be used as an infill material and should be used as a
planned amenity or element, as defined in the Landscape Manual, in the designed landscape.
c. High Water Use Turfgrass shall not comprise more than twenty-five (25) percent of the total green space area of the site, and shall not:
(1) Be used on slopes greater than 5:1;
(2) Be used in medians, parking lot islands, or parking lot planters;
(3) Be used in any configuration that cannot be efficiently irrigated;
(4) Be used in street right-of-way between curb and sidewalk or on other locations on a site that are less than seven (7) feet wide; and
(5) Be used in areas with a contiguous area less than one hundred (100) square feet.
3. Ground Cover: All landscaped areas shall consist of one hundred (100) percent ground plane coverage in living vegetation, organic mulch, or, to a limited extent, ornamental paving or rock mulch as follows:
a. At least seventy-five (75) percent of all proposed shrub bed areas shall initially consist of plants and include organic mulch, cobble, or rock.
b. Ornamental paving (excluding sidewalks) or rock/cobble mulch without vegetation shall not exceed twenty-five (25) percent of any site category area.
c. Organic mulch shall be installed around each tree in shrub beds with rock or cobble mulch. In shrub beds with slopes greater than 3:1, angular rock or cobble is required.
d. At least seventy-five (75) percent of each landscape category area shall be covered by vegetation within three (3) years of planting.
e. Vegetative cover shall consist of ground covers, perennials, shrubs, native ornamental grasses, bulbs, and native grass mixes, or High Water Use Turfgrasses.
f. The foliage crown of trees shall not be counted in the seventy-five (75) percent calculation of vegetative cover.
g. Specifications, plans, and construction practices regarding native seed vegetation shall comply with City Engineering, Stormwater and Landscape Policy Manual Standards, and shall comply with requirements of the Fire Code Official if the development is located in the WUI-O district.
h. Native seed establishment shall meet uniform coverage and gap (six (6) inch by six (6) inch) criteria with low weed content (eighty (80) percent Native Grasses to twenty (20) percent weeds, or better).
i. Up to ten (10) percent of the area not required to be covered by living material may be covered by artificial turf if the Manager determines that the inclusions of such material will not compromise the visual appearance of the required landscape area or is necessary because of the difficult of maintaining other types of non-living material due to site conditions.
E. Fire Safety and Utility Constraints:
1. Fire Department Constraints: Within three (3) feet of the circumference of a fire hydrant, plantings shall be limited to eight (8) inch mature height. Landscaping shall not restrict the use of or obscure the view of any fire hydrant, Fire Department connection, outside horn/strobe, required signage, or other safety features. Access roadways used by the Fire Department shall remain clear and unobstructed to a minimum height of fourteen (14) feet with widths as individually prescribed for the development to protect public health and safety.
2. Utility Constraints:
a. Landscaping shall not interfere with the general function, safety, or accessibility of any gas, electric, water, sewer, telephone, or stormwater facilities, or other drainage or utility easements.
b. All landscaping adjacent to, above, or beneath utilities shall comply with standards of the respective governing utility and the Landscape Policy Manual.
c. All improvements, including landscaping, must comply with all applicable requirements of the Colorado Springs Utilities Line Extension and Service Standards, the National Electrical Code, the National Electrical Safety Code, and the "Use of Electric Line Rights-of-Way by Other Parties" prepared by the CSU Electric Utility.
d. All trees shall be planted at least six (6) feet from fire hydrants, valve boxes, curb stop boxes, underground utility vaults/structures, gas lines, stormwater infrastructure utility poles, street light standards, and above-ground utility structures such as transformer enclosures.
e. Trees shall be planted at least six (6) feet from underground utilities and comply with all Colorado Springs Utilities regulations regarding wet and dry utilities and tree distances.
f. When a tree is placed under overhead utility lines, its height range at maturity shall not exceed twenty-five (25) feet and the tree species must be selected from the City Forester's "Approved Street Tree List for Colorado Springs."
g. Water service connections for all irrigated areas shall be consistent with all Colorado Springs Utilities regulations.
h. All irrigation water shall be metered and have appropriate backflow prevention as identified by Colorado Springs Utilities Water Line Extension and Service Standards.
i. The irrigation water service connection shall be sized appropriately to accommodate irrigation during the hours and days outlined in the Water Shortage Ordinance, Chapter 12, Article 4, Part 13 of the City Code of Colorado Springs.
F. Conservation of Soil and Drainage:
1. Soil Conservation: Topsoil shall be stockpiled during construction for use in landscape areas prior to planting. At minimum, enough topsoil must be stripped and stored to provide for at least four (4) inches of spread topsoil in new landscape areas. Stripped topsoil must be stored in an area away from machinery and construction operations and care must be taken to protect the topsoil as a valuable commodity. Topsoil shall be stored in piles or rows no more than four (4) feet deep where possible; to keep soil organisms alive until the topsoil is reinstalled.
2. Soil Analysis:
a. In order to develop a planting plan suited to the site, an existing soil analysis report shall be conducted by an established soil analysis laboratory and be submitted with the Final Landscape Plan. The Soil analysis report shall provide at the minimum, the soil texture, percentage of organic matter, pH, total soluble salts and recommended amounts of soil amendments and fertilizers where appropriate. A report shall be provided for each type of proposed new landscape type (sod, shrub beds, and native seed).
b. In some certain situations the existing Soil Analysis Report and amendment/fertilizer recommendations may be submitted and approved with the Irrigation Plan submittal if the Manager determines the delay will have no adverse impact on the selection or survival of required landscaping. The applicant shall request the deferral with the Final Landscape Plan and if approved by the Planning Department, all required information shall be submitted with the Irrigation Plan.
c. A written request for waiver of the soil analysis may be approved by the City where landscape improvements are minimal and the applicant demonstrates sufficient measures will be undertaken to amend the existing soil to provide an acceptable growing medium.
3. Soil Amendments and Preparation: Soil amendments to improve water drainage, moisture penetration or retention, and nutrient availability shall be provided as determined by the soil analysis. Tilling of the soil to incorporate amendments and counter any compaction or soil consolidation shall be required for all landscape planting areas. Soil preparation shall be consistent with the cultural needs of the plant species proposed for each site category and meeting Colorado Springs Utilities soil amendment requirements for establishing new plant material.
4. Drainage: All drainage within landscaped areas, including the use of swales, shall comply with this UDC, the Landscape Policy Manual, and Engineering Criteria. Where existing native plant communities are to be retained, drainage patterns shall not be altered so as to be detrimental to the viability of the plants.
G. Maintenance:
1. Landscaping, screening, and buffers shall be maintained in compliance with the standards of this Part 7.4.9.
2. The owner is responsible for the maintenance, repair, and replacement of all required landscaping, screening, and curbing unless maintenance is assigned through covenants to another party (e.g., a homeowners' or property owners' association) with the City's approval.
3. All landscaped areas shall be maintained with a neat and orderly appearance, which includes pruning, removal, and replacement of dead or diseased plants and trees, disposal of litter, repair of damaged walls and hard surface areas, and upkeep of irrigation systems.
4. Landscaped areas that lose required vegetation shall be re-vegetated and re-mulched to avoid erosion.
5. Where landscaping was installed pursuant to a Land Use Plan, Development Plan, or Landscape Plan, the landscaping shall be replaced according to any landscaping and maintenance plan associated with that approval.
6. Trees or plants that die shall be replaced by the owner as expeditiously as possible. All plant material that is in poor health or not living shall be replaced with equivalent vegetation and maintained in good health throughout the life of the project.
7. Street trees shall be maintained and kept alive and healthy. Maintaining, removing, and replacing existing street trees or other trees planted in the public right-of-way shall be the responsibility of adjacent property owners.
8. Fences, walls, and other barriers shall be maintained in good repair. All barriers that are damaged, broken, or with failing paint shall be repaired, replaced, or refinished.
9. For double frontage lots, when a tract is not platted, street rights-of-way or parkways between a property line and curb or street pavement adjoining the property shall be maintained by the adjacent landowner.
10. Stumps of removed trees and shrubs shall be ground out to four (4) inches below existing grade located on the site and rights-of-way.
11. Vegetation shall be maintained so as to inhibit the spread of noxious weeds, and to mitigate hazards, such as the spread of wildfires, slope failures, soil erosion, and increased flooding.
12. Native seed shall be maintained and provide the necessary maintenance practices to aid in the growth of the approved native seed mix and long term goal of naturalization. This includes weed control, overseeding, irrigation (if installed), and correct mowing schedules. The approved native seed mix will determine the height of the native seed grasses and should be allowed to grow and establish new seed heads and repopulate the growing area.
13. Vegetation on residential properties in the WUI-O district shall be maintained in accordance with the City of Colorado Springs Fire Prevention Code and Standards.
14. Vegetation adjacent to public sidewalks or that extend over a public or private street or alley shall be maintained with eight (8) feet of clear space between the existing grade and lowest limb for pedestrian safety. (Ord. 23-03)
A. Purpose: The purpose of this Section 7.4.905 is to establish landscape planting areas parallel to and including adjacent street rights-of-way. The standards of this Section are intended to require plantings of trees and other vegetation to provide a pleasing continuation of vegetation along the streetscape.
B. Landscaped Setbacks and Trees Required:
1. Landscape Setback Requirements:
a. Except as provided in Subsection b below, the street frontage of each property subject to this Part 7.4.9 shall provide landscaping as shown in the table below.
Landscape Setback and Tree Requirements | |||
Street Type | Front and Corner Street Frontage Landscape Setback Width, Min. (ft.) [1] | Secondary Frontage on Double Frontage Lot Landscape Setback Width, Min. (ft.) | Tree Planting Requirements |
Freeway or Expressway | 25 | 25 | 1 per 20 linear ft. |
Principal Arterial | 25 | 15 | 1 per 20 linear ft. |
Minor Arterial Street | 20 | 10 | 1 per 25 linear ft. |
Non-Arterial Street | 10 | 6 | 1 per 30 linear ft. |
NOTES: [1] For up to one-half (1/2) of the site frontage, the Manager may approve a reduced landscape setback if the average depth complies with the standards of this table. | |||
b. The following exceptions apply to the landscape setback requirement:
(1) Commercial driveways and sidewalks to afford limited access may cross the landscape setback.
(2) Parking lots and loading areas shall not be located in the required landscape setback.
(3) Public sidewalks may enter into a required landscaped setback or double frontage lot streetscape area if sufficient landscaping is provided and maintained in the right-of-way to adequately compensate for the resulting loss of landscaping in the setback or streetscape area.
2. Tree Requirements: Trees or alternate vegetation shall be planted in the landscape setback and shall comply with the following standards:
a. General
(1) To the greatest extent possible, trees shall be planted on center, in alignment with any similar street frontage or landscaping on adjacent lots, and within fifty (50) feet of the property line adjacent to the street.
(2) Trees may be located in adjacent right-of-way if:
(a) Existing development bars placing street trees in the landscaped setback area;
(b) For a City street, the City Forester's street tree standards are met;
(c) For a state highway, CDOT and City Forester's street tree standards are met;
(d) There are no conflicts with utility easements, drainage facilities, or other easements; and
(e) Street widening is not anticipated.
(3) A maximum of twenty-five (25) percent of required setback or streetscape trees may be substituted with shrubs or ornamental grasses as follows:
(a) Ten (10) shrubs with a minimum #5 container size may substitute for each tree; and
(b) Two (2) ornamental grass clumps with a minimum #3 container size, may substitute for each shrub.
(c) In the streetscape, all substituted shrubs located within the right-of-way shall be low-water-use plants or plants adaptable to low-water-use conditions.
(4) In the rear yard of a double-frontage lot:
(a) Up to twenty-five (25) percent of the streetscape trees may be placed in the rear yard behind the fence or wall.
(b) Any substituted shrubs or ornamental grasses shall be planted in the streetscape.
(c) In the streetscape, all shrubs shall be low-water-use plants or plants adaptable to low-water-use conditions.
b. Street-Oriented Lots: When individual lots for attached and detached single-family and two-family dwellings are platted with frontage on a public or private street, at least one (1) tree per lot shall be located in tree lawn that is at least seven (7) feet wide, or within the front yard of each lot.
3. Walls and Fences in Street Frontage Areas:
a. Walls and fences that comply with the standards of Section 7.4.910 (Fences and Walls) may be placed in the landscape setback if they comply with the following standards:
(1) Opaque portions of fences and walls visible from a public or private street shall not exceed a height of three (3) feet above existing grade at the base of the fence or wall, unless otherwise provided in this Subsection (3).
(2) The Manager may allow a retaining wall higher than three (3) feet if required due to special grading conditions, provided that the wall is visually softened by plantings of trees or shrubs and allowance is made for the efficient operation and maintenance of utility infrastructure.
(3) The Manager may require the installation of an opaque sound barrier between three (3) feet and eight (8) feet in height, or an applicant may propose and the Manager may approve the installation of an opaque sound barrier between three (3) feet and eight (8) feet in height, when property is located adjacent to a major street and the Manager determines that the sound barrier is necessary to mitigate adverse impacts of traffic noise on a residential or mixed-use development.
(4) Opaque walls and fences higher than three (3) feet shall be located outside of the required landscaped setback unless the Manager determines that location within a required landscaped setback is necessary in order for the wall or fence to serve its intended purpose.
(5) Walls and fences shall complement the architectural components of the site and be sufficiently low or open to permit views for security and safety.
b. A seven (7) foot opaque wall or fence that complies with the standards of Section 7.4.910 (Fences and Walls) shall be established in the landscape setback of the rear of a double frontage lot.
C. Street Trees in Parkways: Street trees are required in parkways adjacent to property subject to this Part 7.4.9, subject to the following conditions:
1. A permit shall be obtained from the City Forester prior to planting any tree in the public right-of-way unless that planting is included as part of an approved Development Plan;
2. Street trees shall be selected from "Approved Street Tree List for Colorado Springs" list provided by the City Forester, or as otherwise permitted by the City Forester;
3. The planting area shall be at least seven (7) feet wide. In a section of a planting area that is less than seven (7) feet wide, rock, ground cover plantings, or decorative pavers may be used;
4. Street trees included as part of a Development Plan approved after March 11, 1986, shall be maintained by the owner of the adjacent property;
5. Trees shall be planted and maintained:
a. At least five (5) feet from:
(1) The face of a curb along arterial roads on the City Major Thoroughfare Plan;
(2) An attached sidewalk; and
(3) Any driveway.
b. Within the center of the planting area, except as necessary to comply with the distance requirement of Subsection a above;
6. No plantings or landscape elements within the Sight Distance Line may exceed thirty (30) inches in height. Deciduous trees may be located within these areas but branches shall be trimmed so that the lowest branch is a minimum of six (6) feet above ground.
7. To avoid Site Distance Line obstructions, new trees shall not be planted closer than forty (40) feet from any street corner.
D. Medians: All medians must comply with standards in the Landscape Policy Manual. (Ord. 23-03)
A. Purpose: The purpose of this Section 7.4.906 is to buffer existing development from adjacent new development of different types, scales, or intensities by providing visual barriers between those land uses, providing more privacy, and protecting adjacent existing uses from potential wind, dust, noise, traffic, glare, visual disorder, and harmful or noxious effects of the new development.
B. Property Edge Buffer Standards: New development shall provide property edge buffering along rear and interior side lot lines with adjacent properties in the following situations, regardless of whether the new development is larger or smaller or more or less intensive than the existing adjacent use.
1. Buffers Required:
a. A landscape buffer that complies with the standards of this Section 7.4.906 is required as indicated in Table 7.4.9-C, based on the applicant's proposed use of the subject property and the existing or designated use of the adjacent property and the following types of buffers, measured from the property line.
(1) Buffer 1: Landscape strip meeting the standards for trees, shrubs, and vegetative cover in the Landscape Policy Manual and at least ten (10) feet in width incorporating a fence or wall meeting the standards of Section 7.4.910 (Fences and Walls) and up to seven (7) feet in height provided there are no conflicts with public utilities.
(2) Buffer 2: Landscape strip meeting the standards for trees, shrubs, and vegetative cover in the Landscape Policy Manual at least fifteen (15) feet in width and incorporating a wall or fence meeting the standards of Section 7.4.910 (Fences and Walls) and seven (7) feet in height provided there are no conflicts with public utilities.
Landscape Buffer Screening Requirements | |||||
Adjacent Use
| Applicant's Use | ||||
Attached and Detached Single-Family and Two-Family Dwelling | Multi-Family Dwelling | Mixed-Use | Commercial | Industrial | |
Landscape Buffer Screening Requirements | |||||
Adjacent Use
| Applicant's Use | ||||
Attached and Detached Single-Family and Two-Family Dwelling | Multi-Family Dwelling | Mixed-Use | Commercial | Industrial | |
Attached and Detached Single-Family and Two-Family Dwelling | N/A | 2 | 1 | 2 | 2 |
Multi-Family Dwelling | 2 | N/A | 1 | 2 | 2 |
Mixed-Use | 1 | 1 | N/A | 1 | 2 |
Commercial | 2 | 2 | 1 | N/A | 2 |
Industrial | 2 | 2 | 2 | 2 | N/A |
2. Tree Requirements: Trees or alternate vegetation shall be planted in the landscape buffer and shall comply with the following standards:
a. One (1) tree shall be planted for every twenty (20) linear feet of buffer length or fraction thereof;
b. At least fifty (50) percent of the plantings shall be evergreen; and
c. A maximum of fifty (50) percent of required buffer trees may be substituted with shrubs or ornamental grasses as follows:
(1) Ten (10) shrubs with a minimum #5 container size may substitute for each tree; and
(2) Two (2) ornamental grass clumps with a minimum #3 container size may substitute for each shrub.
3. Additional Requirements:
a. This Section 7.4.906 shall not require the demolition, alteration, or removal of any existing structures or utility infrastructure. However, if a structure occupying a required property edge buffer is demolished or removed, the buffer standards of this Section 7.4.906 shall be applied to the space so vacated.
b. All buffers and screening required by this Section 7.4.906 shall be located on the lot where the development occurs.
c. If adjacent development includes a buffer and required plantings that meet the standards of this Section 7.4.906, the applicant is only required to provide the additional buffer and/or required plantings (if any) necessary to meet the required screening standards in this Section 7.4.906. If the existing landscaping on adjacent property meets the standards in this Section as applied to the proposed use of the applicant's property, no additional buffer needs to be installed by the applicant.
d. A Buffer 2 is required along the common property line between an adjacent nonresidential use and a vacant residentially zoned property.
e. In the WUI-O district, buffering on residential properties shall comply with the requirements of the City of Colorado Springs Fire Prevention Code and Standards. (Ord. 23-03)
A. Purpose: The purpose of this Section 7.4.907 is to provide landscaping areas internal to surface parking lots that provide shade, visual screening of parked cars, avoid large expanses of uninterrupted pavement, and screen adjacent properties and rights-of-way and walkways from potential headlight glare, pollution, and noise from the parking lot.
B. Minimum Required Plantings:
1. Interior Lot Plantings: Shade trees shall be provided in every parking lot with fifteen (15) or more surface vehicular parking spaces at a ratio of one shade tree for every fifteen (15) parking spaces or fraction thereof, and shall comply with the following standards:
a. Required trees shall be planted in a dispersed configuration to spread shade throughout the parking lot. On each side of each parking aisle, no more than fifteen (15) adjacent parking spaces shall be located without at least one (1) of the required trees.
b. Required trees shall be planted so that no more than fifteen (15) adjacent parking spaces (on one side of a parking aisle) are located without at least one of the required shade trees.
c. A planter used for tree planting shall meet the following standards:
(1) Each tree planting space shall be at least three hundred (300) square feet in size and shall provide at least one hundred and fifty (150) square feet of planter space (or the equivalent soil rooting volume) for each planted tree.
(2) Each planter shall be at least ten (10) feet in width from curb to curb.
(3) If soil in the parking lot has been compacted by grading operations, the soil within the planter shall be tilled, or removed to a depth of thirty (30) inches and replaced with an acceptable growing medium for the species being installed.
d. When these standards are applied to the Heavy Vehicle and Equipment Sales and Rental use or the Automobile and Light Vehicle Sales and Rental use, each two hundred and fifty (250) square feet (or fraction thereof) of vehicle or equipment display or storage area shall be counted as the equivalent of one parking space.
2. Perimeter Screening Plantings: The following additional standards shall apply to screen the view of parked vehicles when viewed from public rights-of-way or adjacent properties unless the Manager determines that landscaping installed pursuant to Sections 7.4.905 (Street Frontage and Street Trees) or 7.4.906 (Property Edge Landscape Buffers), provides equal or better screening of parked vehicles when viewed from those locations.
a. At least two-thirds (2/3) of the frontage of any applicable parking lot (exclusive of the width of any vehicular access points) when viewed from a public right-of-way or adjacent property shall be screened from view with screening that complies with the Subsection b below.
b. The screening shall consist of a fence or wall between three (3) feet and four (4) feet in height, measured from the surface of the parking spaces that are to be screened, and that comply with the following standards.
(1) The fence or wall meets the standards of Section 7.4.910 (Fences and Walls);
(2) The fence or wall attractively complements the vegetation and berms;
(3) The structures include architectural articulation or visual variety when viewed from adjacent lots or rights-of-way through changes in materials, wall or fence height, or the horizontal alignment of the wall or fence, or through the planting of vines, shrubs, or trees, and those instances of articulation or variety occur at least once for each twenty (20) linear feet of wall or fence length; and
(4) As an alternative to Subsections (1) through (3) above, at the applicant's option, the screening may consist of vegetation or combination of plantings and berms with an eventual height of three (3) feet or more, with vegetation being needled or broad-leaved evergreen plants.
C. Corner Visibility: No required planting shall interfere with visibility in the Sight Distance Line. (Ord. 23-03)
A. Purpose: The purpose of the interior landscaping requirements is to ensure that each new multi-family residential development and nonresidential development achieves at least a minimum amount of total landscaped area, to separate building areas from parking lots, through landscaping that is adapted to the site, reflects the varying microclimates and respective building facade orientations, and visually ties the buildings and motor vehicle parking, storage, and display areas to the site and to the larger regional context.
B. Amount of Landscaping and Green Space: Interior landscaping shall include green space that meets the following standard to enhance residential and non-residential development, in addition to other required landscaping and buffering:
1. General:
a. In addition to the landscaping and buffering required by Sections 7.4.905 (Street Frontage and Street Trees), 7.4.906 (Property Edge Landscape Buffers), and 7.4.907 (Parking Lot Landscaping), residential and nonresidential development shall install the following amounts of landscaping on the interior of the site.
(1) All multi-family projects shall provide a minimum of fifteen (15) percent total green space. Of the fifteen (15) percent, ten (10) percent shall be active green space and five (5) percent shall be non-activated green space. If multiple residential structures are located on one lot, the requirement shall apply to the lot as a whole, and not to any defined space occupied by a single residential building.
(2) All nonresidential development projects shall provide a minimum non-activated green space area equal to five (5) percent of the gross site area.
b. On heavy industrial projects where internal landscaping may be inappropriate due to the necessary configuration and use of the site, the Manager may allow some or all of the required additional interior landscaping to be relocated to the main property entrances or office areas or outside of the wall or fence on the perimeter of the property.
c. Paved plazas may account for up to fifty (50) percent of the required landscaping area if they contain trees that provide visual relief to building elevations that form major public views of the project. Sidewalks that provide basic pedestrian circulation only shall not be credited towards the minimum internal landscaping area requirement.
2. Compact Development Lots: The following additional standards shall apply to Compact Lots:
a. Each development shall provide a minimum green space area equal to ten (10) percent of the gross site area. Of the total area, fifty (50) percent shall be contiguous active green space.
b. The Manager may consider up to a twenty-five (25) percent relief to the minimum green space requirement when the development is within six hundred and sixty (660) feet of a park that is accessible by a trail.
C. Type of Landscaping:
1. One (1) tree shall be planted for every five hundred (500) square feet of required minimum internal green space area.
2. All required trees in nonresidential projects and fifty (50) percent of the required trees in multi-family projects may be substituted by shrubs as follows:
a. Ten (10) shrubs, with a minimum #5 container size may be substituted for one (1) tree.
b. Two (2) ornamental grass clumps, with a minimum #3 container size, may be substituted for one (1) shrub.
3. In the WUI-O district, landscaping on residential properties shall comply with the requirements of the City of Colorado Springs Fire Prevention Code and Standards.
D. Location Of Landscaping: Landscaping installed in accordance with this Subsection 7.4.908D shall be placed in the following locations:
1. Adjacent to building elevations facing adjacent public rights-of-way and private streets;
2. Within a plaza or courtyard between buildings or portions of buildings;
3. In a space provided to separate building areas from parking areas;
4. As a buffer at the edge of a private stormwater water quality and/or detention facility on the same lot;
5. In an "oasis" area of the site with intensive plantings near building entrances, pedestrian gathering places, or parking lots;
6. In a similar location of the site that substantially conforms to the stated purposed of the required internal landscape area and approved by the Manager; or
7. In the WUI-O district, landscaping on residential properties shall be placed in accordance with the requirements of the City of Colorado Springs Fire Prevention Code and Standards. (Ord. 23-03)
A. Purpose: The purpose of this Section 7.4.909 is to ensure that development establishes vegetative screening or walls and fences to shield loading, storage, and service areas from view from adjoining properties, public rights-of-way, and private streets.
B. Applicability and Exceptions: The standards in this Section 7.4.909 apply to all development except the following:
1. Attached and detached single-family and two-family dwellings in a single structure located on a single lot; or
2. Along property lines between adjacent properties in the LI or GI zone districts.
C. Required Screening:
1. Areas to be Screened: Screening that meets the standards of this Subsection 7.4.909C is required in the following areas to screen them view from adjacent properties and public or private streets or walkways:
a. Around any refuse or recycling collection areas, including trash bins;
b. Around any loading or utility service area, drive-throughs, vehicle repair bay, or vehicle fueling area;
c. Around any stormwater water quality and/or detention facility in a residential zone district or a residential component of a mixed-use development or PDZ district; and
d. Within ten (10) feet of any ground floor façade of a parking garage that is not occupied by a non-parking ground floor use and is visible from an adjacent property or public or private street
2. Screening Standards: The required screening shall meet the following standards:
a. All refuse collection areas adjacent to streets and properties shall have an opaque screen fence or wall and vegetative screen plants at least seven (7) feet in height.
b. All loading or utility service area, drive-throughs, vehicle repair bay, or vehicle fueling areas shall be screened with a vegetative screen.
c. If a vegetative screen is installed, plants shall be a fastigiated form of plant species and shall comply with all applicable standards in the Landscape Policy Manual.
d. A fence or wall shall comply with the standards of Section 7.4.910 (Fences and Walls).
e. Required foundation plantings along facades of parking garages shall comply with Section 7.4.906 (Property Edge Landscape Buffers). (Ord. 23-03)
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