A. Purpose And Intent: These standards are intended to be applied throughout the city as specified in the subsections that follow. These standards are provided for the general health and welfare of the citizens of Deming through the conservation of water, reduction of air pollution, and public safety. The intent is to achieve a high quality of appearance, to assure design compatibility, to promote character and form, to promote water conservation, and to enhance the overall value of development to the community.
The conservation of water is deemed to be a key purpose to be achieved through the application of these landscape standards. The standards set out in this section are designed to encourage the preservation of desirable native vegetation and the use of low water use and drought tolerant plant material.
B. Applicability:
1. All City Development: The landscape standards specified in this section, unless otherwise excepted, shall apply to all development in all use districts in the city of Deming.
2. New Uses, Buildings And Additions: Unless otherwise excepted, all new land uses, developments, buildings, structures, and all additions to land uses, developments, buildings or structures of twenty five percent (25%) or more in terms of additional dwelling units, gross floor area, building perimeter, either with a single addition or cumulative additions subsequent to the effective date hereof, shall meet the requirements of this section.
3. Government Development: The landscape standards specified in this section do not apply to any government development and/or uses.
4. Variance, Waiver: The city council, with the advice of the planning and zoning commission or city staff, may vary or waive any of the standards set out in this section.
C. General Design Standards:
1. Landscape Plans:
a. Required; Specifications: Landscape plans are required by the city building inspector for parking areas and for all street landscape borders, all interior landscape borders, and all vehicular entrances, as described in the subsections that follow, unless specifically excepted by the planning and zoning commission or the city council. When required, the landscape plan submitted shall be drawn at a legible scale, satisfactory to the city building inspector. The plan shall clearly describe the location, type, size and spacing of all plant materials. The plan shall also indicate the height and canopy size of trees at maturity, and the height and spread of shrubs at maturity. Other landscape features such as walls, fences, and pedestrian or bicycle walkways or trails shall also be shown. Landscape plans are not required for individual single-family or two-family lots.
b. Land Devoted To Plant Material: The landscape plan shall clearly set out the area of a lot or block or other division of land that will be devoted to plant material, such as turf, that is not a low water use/drought tolerant plant according to the "Low Water Use/Drought Tolerant Plant List", published by the Arizona department of water resources-Tucson active management area (March 2002, or any later edition), and the plants listed for New Mexico climate area 3-south, in the publication entitled "The Enchanted Xeriscape" available from the office of the state engineer, New Mexico (no date specified, but most recent edition is to be used).
c. Grading Information: Dependent upon the size and complexity of the proposed project and its potential impact upon neighboring land uses, the city building inspector, or the planning and zoning commission, or the city council may require that the landscape plan include necessary grading information such as, but not limited to:
(1) Grade changes across the site indicated at one foot (1') intervals;
(2) Percent slope across the site and the direction of the slope of paved areas;
(3) Existing grades on adjacent rights of way or site (where possible). If an adjacent right of way or site is under construction, the proposed finished grades are to be shown.
2. Landscaping:
a. Water Conservation: All landscape plant material shall be low water use and drought tolerant except as specified in subsections D2, D3 and E2 of this section. The following documents will be used by the city of Deming as accepted guidelines for low water use/drought tolerant plants:
(1) "Low Water Use/Drought Tolerant Plant List", Arizona department of water resources-Tucson active management area, (March 2002 or any later editions).
(2) "The Enchanted Xeriscape, A Guide To Water-Wise Landscaping In New Mexico", office of the state engineer (no date specified, but most recent edition at time of application of the provisions in this section is to be used).
b. Prohibited Plants: The following plants are prohibited in all developments in the city of Deming:
(1) European olive trees, all fruiting varieties.
(2) Fruitless mulberry trees.
(3) Salt cedar.
(4) Any plant listed on the "New Mexico Noxious Weed List" (September 20, 1999, as amended from time to time), published by the New Mexico department of agriculture.
c. Installation: All required or proposed landscaping shall be installed as soon as practical and as soon as permitted by standard seasonal planting practices.
d. Additional Landscaping Required By Building Inspector: The city building inspector, in approving plans for development, may require additional landscaping in specific situations when additional landscaping is necessary to maintain an established pattern created by other existing landscaping in the surrounding area, or is necessary to provide a buffer between land uses or parts of land uses, or is necessary to promote aesthetically pleasing, orderly, and harmonious development of the city.
e. Additional Landscaping Required By Planning And Zoning Commission: The city planning and zoning commission, when considering a zoning ordinance amendment or variance, or a plan of subdivision, may recommend to city council, with the advice of city staff, any additional landscaping it believes is necessary to maintain an established pattern created by other existing landscaping in the surrounding area, or is necessary to provide a buffer between land uses or parts of land uses, or is necessary to promote aesthetically pleasing, orderly, and harmonious development of the city.
3. Turf: Turf areas are generally prohibited in public street medians and boulevards. Turf is prohibited in street landscape borders (subsections D5, E4 and F3 of this section), and in any required interior landscape border (subsections D6, E5 and F4 of this section). Turf is prohibited as a landscape material in all new commercial and industrial developments and in any commercial or industrial development where there is proposed an addition of twenty five percent (25%) or more in terms of gross floor area of buildings or structures, and/or building perimeter, including additions that increase the total number of required parking spaces by twenty five percent (25%) or more, either with a single addition or cumulative additions subsequent to the effective date hereof.
4. Irrigation:
a. Dependent upon the size and complexity of the proposed project and its potential impact on neighboring properties, an irrigation plan may be required along with any landscape plan, required in subsection C1 of this section. The irrigation plan may include, but shall not be limited to, such matters as:
(1) Type, size, and location of piping;
(2) Type, size, and location of irrigation heads;
(3) Type and location of backflow prevention devices, valves and controllers;
(4) Source of irrigation water, whether potable or reclaimed; and
(5) Calculations demonstrating the matching of application rates with infiltration rates as required in subsection C4d of this section.
b. An automatic irrigation system is required for all planting areas.
c. All irrigation water shall be retained on site.
d. The design of irrigation systems and irrigation schedules shall attempt to match application rates with infiltration rates in order to minimize runoff and reduce evaporation.
e. Rain sensing and moisture sensing devices are encouraged.
5. Vehicle Parking Areas: All parking areas, excluding parking structures, with twenty five (25) or more parking spaces associated with new construction, and all additions of twenty five (25) or more parking spaces to existing parking areas, excluding parking structures, in all developments in all use districts shall be landscaped. Industrial developments may be exempted by application of the developer, unless required by the city council.
a. Minimum Number Of Trees Required: All parking areas as described in this subsection C5 shall provide a minimum of one deciduous or evergreen shade tree, six (6) to eight feet (8') in height with a minimum trunk caliper of one inch (1") for every ten (10) uncovered parking spaces or any fraction thereof. Trees must be evenly distributed throughout the parking area. Figure 1 of this section illustrates how the trees may be arranged.
b. Landscape Islands: Landscape islands are required at the end of each and all parking rows and each island shall contain a minimum of one shade tree per island pair with specifications as set out in subsection C5a of this section. Fifty percent (50%) of the trees provided in such islands can be counted toward the minimum tree requirement. The length of the planter island shall be equal to the length of the adjacent parking space. All planter islands shall be contained by concrete curbing a minimum of six inches (6") above the elevation of the final layer of surrounding asphalt. Figure 1 of this section illustrates calculations for tree requirements using the islands.
c. Ground Cover And/Or Rock Mulch Required: In addition to the shade trees required in subsection C5b of this section, all landscape islands shall be landscaped as follows:
(1) A two inch (2") layer of low water use and drought tolerant ground cover, or rock mulch, or both.
d. Planter Islands Or Boxes: Where planter islands or planter boxes are used to separate two (2) rows of parking, or to separate a row of parking from an aisle or driveway, the length of the planter shall be equal to the length of the parking row. Landscape planters shall have a minimum width of five feet (5'). Such planter islands or planter boxes shall comply with the minimum number of trees required in subsection C5a of this section, and shall include a two inch (2") layer of low water use and drought tolerant ground cover or rock mulch. See figure 1 of this section.
e. Wheel Stops: Except as provided in subsection C5f of this section, wheel stops shall be used at every parking space that fronts a landscape area or a pedestrian walkway. Wheel stops shall be installed a minimum of two and one-half feet (2.5') from the face of any curb and shall be securely anchored to the surface of the parking area.
f. Location Of Trees: Parking spaces may be designed so that the front of a vehicle overhangs into the planter island separating two (2) rows of parking. In such cases, the required trees shall be located at the edge and between vehicle spaces such as the common corner of four (4) perpendicular parking spaces that face each other. For a sample illustration of this, see figure 1 of this section.
g. Drip Irrigation: Parking lot planter islands and planter boxes shall be irrigated with drip irrigation only.
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6. Existing Plant Materials:
a. The preservation and retention of existing plant material within vehicle parking areas, street landscape borders, interior landscape borders, planting islands, and on site landscaping is encouraged provided such plant material is material specified in the guideline documents described in subsection C2a of this section, and provided such plant material is not prohibited material as described in subsection C2b of this section.
b. Credit for the preservation and retention of existing plant material may be given, at the sole discretion of city staff, the planning and zoning commission or the city council, as appropriate. Credit may be given on an equal one to one basis for shade trees, shrubs, and ground cover.
c. In order that city staff may make an informed decision with respect to giving a credit for the retention of existing plant material, the landscape plan required by subsections C1a and C1b of this section shall include the type, location, size, and an opinion as to the general health of the plants to be retained. Such opinion is to be provided by a person acceptable to city staff.
7. Storm Water Detention/Retention Ponds:
a. A storm water detention/retention pond is required for any new development, and for all plans of subdivision, or any addition or expansion to any existing development that creates a need for a storm water detention/retention pond. The proponent of the development shall be required to have a professional engineer, licensed by the state of New Mexico, prepare, submit to and have approved by the planning and zoning commission a drainage study, and based on that study, the said professional engineer shall prepare, submit to, and have approved by the planning and zoning commission the drainage plan and the design for any detention/retention pond.
b. The drainage study referenced in subsection C7a of this section shall comply with the requirements of subsections 13-5-1B5 and B6 of this code.
c. A drainage study and a drainage plan are required for all proposed plans of subdivision. The requirements for the drainage study and the drainage plan are set out in subsections 13-5-1B5 and B6 of this code.
d. Upon completion of construction, the proponent shall have his/her professional engineer certify that the work was done in accordance with the approved design.
e. Where an on site detention/retention pond is to be used as part of a recreational space for a project, or where such pond is to be located adjacent to and/or is visible from a public street, or where there is risk of soil erosion, the city may require that on site detention/retention basins be landscaped. The proponent shall be required to prepare or have prepared a landscape plan that shall be acceptable to city council, or the planning and zoning commission and/or the city building inspector. Some or all of the following matters may be considered:
(1) To the extent possible, existing vegetation shall be retained, provided such vegetation is not plant material prohibited by subsection C2b of this section.
(2) All plant material shall be low water use and drought tolerant and shall be plants listed in the guideline documents specified in subsection C2a of this section.
(3) Credit for existing plant material shall be allowed in accordance with the provisions of subsections C6a through C6c of this section.
(4) Ground cover may be required where the basin has slide slopes equal to or greater than two to one (2:1) (horizontal to vertical distance), in order to minimize erosion.
8. Maintenance:
a. Maintenance of all required landscaping shall be the responsibility of the owner, lessee, heirs, assigns, agent, homeowners' association, or other liable entity of the property, and shall consist of regular watering, pruning, mowing (where turf is allowed), fertilizing, weed removal, and maintenance of the irrigation system and any landscape architectural features such as walls, fences, planter boxes, and planter island curbs, and any seating areas. Such maintenance shall include landscaping that may be approved for any part of a public right of way.
b. Dead vegetation shall be promptly replaced based on standard seasonal planting practices with healthy living plants in all required landscaping areas.
D. Landscape Design Standards For Single-Family And Two-family Dwelling Developments: All new single-family and/or two-family developments shall comply with the following standards:
1. Plant Material: Each new single-family or two-family dwelling lot shall employ only low water use and drought tolerant plant material as specified in the guideline documents described in subsection C2a of this section.
2. Turf On Single- Or Two-Family Lot: Turf is permitted as a landscape material on any single-family or two-family lot, provided no more than fifty percent (50%) of the remaining lot area (excluding concreted areas), to a maximum of three thousand (3,000) square feet is planted in turf.
3. Turf On Common Areas: Where a common area (clubhouse, swimming pool or other recreational activities) is provided for use of all residents in a plan of subdivision, a maximum of fifteen percent (15%) of the area actually devoted to the common area may be in turf.
4. Purchaser Notification Of Landscape Requirements: The landscape plans and grading information specified in subsections C1a, C1b, and C1c of this section, and the irrigation plan specified in subsection C4 of this section are not required for individual lots in single-family and two-family developments; however, the owner or subdivider of land proposed for subdivision shall be required to include in any agreement of purchase and sale for any lot in the subdivision, a clause notifying the purchaser of the landscaping requirements of subsections D1 and D2 of this section.
5. Street Landscape Borders: Street landscape borders are required for all new subdivisions or for any replat of existing subdivisions. The following provisions shall apply:
a. Street landscape borders are required adjacent to urban principal arterial streets, or urban minor arterial streets or urban collector streets, as designated by the city of Deming for all single-family and/or two-family developments in all new plans of subdivision, and in existing plans of subdivision, where through an amendment to the subdivision plan and/or the zoning ordinance there is an increase in the number of dwelling units of twenty five percent (25%) or more, either with a single increase or a cumulative increase subsequent to the effective date hereof.
b. The street landscape border minimum width is ten feet (10') (see figure 2 of this section). The street landscape border is to be located on site and measured from the street property line. Covered parking canopies or other structural canopies shall not overhang into the street landscape border.
c. Within the street landscape border, deciduous or evergreen shade trees shall be provided in number equal to or greater than an average of one shade tree per fifty (50) lineal feet, on center, of the site frontage length along the street. See figure 2 of this section.
d. All plant material shall be low water use and drought tolerant and such material shall be taken from the guideline documents listed in subsection C2a of this section.
e. All shade trees shall be six (6) to eight feet (8') in height with a minimum trunk caliper of one inch (1"). Clustering of trees is allowed. Figure 2 of this section illustrates one possible clustering alternative.
f. A minimum of two (2) shrubs per each required shade tree is recommended in the street landscape border.
g. The street landscape border area shall contain a two inch (2") layer of low water use and drought tolerant ground cover, or rock mulch, or both.
h. Existing drought tolerant material within the street landscape border area may be used to fulfill the landscape requirements in accordance with the provisions of subsection C6 of this section.
i. Street landscape borders shall be irrigated with drip irrigation only.
6. Interior Landscape Border: An interior landscape border may be required by the city along the outer perimeter of a subdivision. The width of such area shall be such that it maintains compatibility with existing adjacent area setbacks, and such that it provides adequate separation between different land uses. Where such an interior landscape border is required it shall comply with the requirements of subsections D5c through and including D5i of this section. Turf may be permitted in any interior landscape border.
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E. Landscape Design Standards For Multiple Dwelling, Mobile Home Parks, Recreational Vehicle Parks, Tourist Or Trailer Camps, And Institutional Developments:
1. Plant Material; Minimum Landscape Area: All multiple-dwelling developments, either in a plan of subdivision or on a parcel of land outside of a plan of subdivision, all mobile home parks, all recreational vehicle parks, all tourist or trailer camps, and all institutional developments shall employ only low water use and drought tolerant plant material in accordance with the guideline documents specified in subsection C2a of this section. All of the aforementioned developments shall landscape a minimum of twenty five percent (25%) of their lot or site area.
2. Turf On Lots: Turf is permitted as a landscape material provided that no more than twenty percent (20%) of the remaining lot area (excluding concreted and paved areas) is planted in turf.
3. Turf On Common Areas: In addition to the provisions of subsection E2 of this section, where a common area (clubhouse, swimming pool or other recreational activities) is provided for use of all residents in a multiple-family development, a maximum of fifteen percent (15%) of the area actually devoted to the common area may be in turf.
4. Street Landscape Borders:
a. Street landscape borders are required adjacent to urban principal arterial streets, or urban minor arterial streets or urban collector streets as designated by the city of Deming, for all multiple-dwelling developments, either in a new plan of subdivision or a replat of an existing subdivision, or on a parcel of land outside of a plan of subdivision, all mobile home parks, all recreational vehicle parks, all tourist or trailer camps, and all institutional developments, and all additions to foregoing developments, of twenty five percent (25%) or more in terms of additional dwelling units, gross floor area, building perimeter, mobile home park spaces, recreational vehicle spaces, tourist or trailer camp spaces, either with a single addition or cumulative additions subsequent to the effective date hereof.
b. The street landscape border shall have a minimum width of ten feet (10'). The street landscape border is to be located on site and measured from the street property line. Covered parking canopies or other structural canopies shall not overhang into the street landscape border. See figure 3 of this section.
c. Within the street landscape border, deciduous or evergreen shade trees shall be provided in number equal to or greater than an average of one shade tree per forty (40) lineal feet, on center, of the site frontage length along the street. See figure 3 of this section.
d. All plant material shall be low water use and drought tolerant and such material shall be taken from the guideline documents listed in subsection C2a of this section.
e. All shade trees shall be six (6) to eight feet (8') in height with a minimum trunk caliper of one inch (1"). Clustering of trees is allowed. Figure 3 of this section illustrates one possible clustering alternative.
f. A minimum of two (2) shrubs per each required shade tree is recommended in the street landscape border.
g. The street landscape border area shall contain a two inch (2") layer of low water use and drought tolerant ground cover, or rock mulch, or both.
h. Existing drought tolerant material within the street landscape border area may be used to fulfill the landscape requirements in accordance with the provisions of subsection C6 of this section.
i. Street landscape borders shall be irrigated with drip irrigation only.
j. Where a row of parking in a vehicle parking area abuts the street landscape border, the landscape requirements of subsections E4b through E4i of this section shall govern.
5. Interior Landscape Borders:
a. Interior landscape borders are not mandatory for multiple-dwelling developments, mobile home parks, recreational vehicle parks, tourist or trailer camps, and institutional developments, but may be required by city council with the advice of the planning and zoning commission or the city staff in situations where adjacent land uses may be impacted negatively by a proposed multiple-dwelling development, mobile home park, recreational vehicle park, tourist or trailer camp, and institutional developments, or where some landscape screening is deemed necessary. Where an interior landscape border is required, such borders shall be provided in accordance with the following standards:
(1) Figure 3 of this section shall serve only as an example and recommendation of the manner in which interior borders might be landscaped with regard to spacing of trees, clustering of trees, width of the border where adjacent land uses are the same, and width of the border where adjacent land uses are different.
(2) Where interior landscape borders are required, such borders shall comply with the provisions of subsections E4d and E4f through E4i inclusive of this section shall apply.
(3) All shade trees shall be six (6) to eight feet (8') in height with a minimum trunk caliper of one inch (1").
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F. Landscape Design Standards For Commercial And Industrial Development:
1. Minimum Landscape Area; Plant Material: All commercial and industrial development shall landscape a minimum of twenty percent (20%) of their lot or site area. All commercial and industrial development shall use only low water use and drought tolerant plant material in accordance with the guideline documents described in subsection C2a of this section.
2. Turf: Turf is not a permitted landscape material for any commercial or industrial development.
3. Street Landscape Borders:
a. A street landscape border shall be provided by all commercial development and all industrial development, and all additions to commercial or industrial developments of twenty five percent (25%) or more in terms of gross floor area, building perimeter, either with a single addition or cumulative additions subsequent to the effective date hereof, adjacent to any urban principal arterial streets, or urban minor arterial streets, or urban collector streets as designated by the city of Deming.
b. The street landscape border shall have a minimum width of ten feet (10'). The street landscape border is to be located on site and measured from the street property line. Covered parking canopies or other structural canopies shall not overhang into the street landscape border. See figure 4 of this section.
c. Within the street landscape border, deciduous or evergreen shade trees shall be provided in number equal to or greater than an average of one shade tree per thirty five (35) lineal feet, on center, of the site frontage length along the streets. See figure 4 of this section.
d. All plant material shall be low water use and drought tolerant and such material shall be taken from the guideline documents listed in subsection C2a of this section.
e. All shade trees shall be six (6) to eight feet (8') in height with a minimum trunk caliper of one inch (1"). Clustering of trees is permitted. Figure 4 of this section illustrates one possible clustering alternative.
f. A minimum of two (2) shrubs per each required shade tree is recommended in the street landscape border.
g. The street landscape border area shall contain a two inch (2") layer of low water use and drought tolerant ground cover, or rock mulch, or both.
h. Existing drought tolerant material within the street landscape border area may be used to fulfill the landscape requirements in accordance with the provisions of subsection C6 of this section.
i. Street landscape borders shall be irrigated with drip irrigation only.
j. Where a row of parking in a vehicle parking area abuts the street landscape border, the landscape requirements of subsections F3b through F3i of this section shall govern.
4. Interior Landscape Borders:
a. Interior landscape borders for commercial and industrial development are not mandatory, but may be required by city council with the advice of the planning and zoning commission or city staff in situations where adjacent land uses may be impacted negatively by a commercial or industrial development, or by additions to commercial or industrial developments, or where some landscape screening is deemed necessary. Where an interior landscape border is required, such borders shall be provided in accordance with the following provisions:
(1) Figure 4 of this section shall serve only as an example and recommendation of the manner in which interior borders may be landscaped with regard to spacing of trees, clustering of trees, and the width of the border.
(2) Where interior landscape borders are required, such borders shall comply with the provisions of subsections F3d and F3f through F3i inclusive of this section.
(3) All shade trees shall be six (6) to eight feet (8') in height with a minimum trunk caliper of one inch (1").
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5. Vehicular Entrance Standards:
a. Generally, there shall be no design standards applicable to vehicular entrances for commercial or industrial developments. Such design requirements shall only be considered for commercial or industrial developments with a gross floor area of twenty five thousand (25,000) square feet or greater, or where any addition to existing commercial or industrial uses either a single addition or cumulative additions subsequent to the effective date hereof results in a gross floor area of twenty five thousand (25,000) square feet or more. In this situation, city council, on the advice of the planning and zoning commission, or city staff, may require the application of design standards where some degree of compatibility with adjacent developments is desirable, or where such standards will help implement an established or desired development theme, or where it is deemed necessary or desirable in the public interest. Where it is determined that such vehicular design standards are necessary, the following provisions and considerations may be used as general design guidelines:
(1) A landscaped median shall be provided for the full length of the vehicular entrance and driveway.
(2) Figure 4 of this section shall serve only as an example of the manner in which commercial and industrial vehicular entrances may be designed with regard to median location, provision of a tapered median with suggested length and width. The spacing of trees as suggested for the interior borders on figure 4 of this section may be considered for the landscaping of the vehicular entrances.
(3) All shade trees should be six (6) to eight feet (8') in height and one inch (1") in caliper. The provisions of subsections F3d and F3f through F3i inclusive of this section may be considered for the landscape treatment of the entrance.
G. Modification Procedure: If an owner, authorized agent of the owner, or any other legal entity believes that strict conformance to the landscape standards cannot be met because of some unique or unusual hardship or circumstance, the owner, authorized agent or other legal entity may apply, in writing, to the city council for a waiver, or submit an alternative design. The owner, authorized agent or other legal entity must demonstrate clearly and satisfactorily to the city council why compliance is not possible and how the proposed alternative meets the intent of the regulations. Financial hardship shall not be considered a reason to waive the landscape standards. The city council may seek the advice of the planning and zoning commission and/or city staff. The city council may deny, approve, or approve with conditions or modifications, in writing, the request for waiver within thirty (30) days of the receipt of the request by the city. (Ord. 1086, 6-14-2004)