The text
10-13E-1: - PURPOSE:#
The purposes of this article are: A.
To move forward with the goals and objectives of the Riverdale City general plan for better, balanced development; and
B.
To utilize the locations identified by the Riverdale City general plan within the city which will accommodate landmark developments; and
C.
To impose special development guidelines on the identified areas; and
D.
To establish regulations for use and development of land within the identified areas, which govern uses, density, open spaces, structures, buildings, energy efficiency, light and air, air quality, transportation, infrastructure, public facilities, vegetation, and trees and landscaping.
(Ord. 596, 12-5-2001)
10-13E-2: - OBJECTIVES AND INTENT:#
A.
The objectives of this article are:
1.
To create a zone that allows for the establishment of a well designed and refined development; and
2.
To promote development quality that enhances the prominent location in the city and creates a "visual signature" and "landmark" for the city.
3.
To establish guidelines for the physical development of such landmark development (LM) entities and uses; and
4.
To define a range of uses, which are planned, and are not limited to, a defined listing; but shall be reviewed on a case by case basis.
B.
The intent of these regulations is to establish a standard for landmark development (LM) which:
1.
Designs a regional based zone for the purpose of providing personal, cultural, recreational and incidental retail services for the entire region; and
2.
Promotes development and uses that are in harmony with the goals and direction of the city; and
3.
Establishes building architecture, landscaping, hardscaping, lighting, fencing, and sign development with an emphasis on excellence and quality so that its distinction surpasses design and development occurring in any other zone; and
4.
Promotes a quality development by excluding the use of exterior open space, landscaping and parking for display, storage, sale or repair of any commodity; and
5.
Provides for diversity in the tax base of the city.
(Ord. 596, 12-5-2001)
10-13E-3: - PLANNED USES:#
All requests for development in an area designated on the city general plan land use map as "Landmark" shall be reviewed conceptually by the planning commission to determine if the proposed use is relevant to the intent of the landmark development (LM) zone. Retail may be allowed only as "incidental" to main landmark uses.
(Ord. 596, 12-5-2001)
10-13E-4: - SITE DEVELOPMENT STANDARDS:#
Site coverage regulates the area of the site that may be covered by buildings. Covered walkway, roof structure overhangs and other solar/weather protection or aesthetic structural elements shall not be included in building coverage calculations. Required parking and landscape ratios shall not be impaired by nonbuilding structures. Minimum Lot Area: None.
Maximum Lot Area: None.
Minimum Yard Setbacks:
Front 70 feet; unless all of the parking is located in the rear of the building, then a 50 foot front setback is permitted. The 50 foot setback would allow for landscaping, driveway and drop off area in the front.
Side 20 feet minimum; this area must be landscaped.
Side facing street on corner lot 50 feet; unless the parking is located a minimum of 50 feet back from the side property line, then a 20 foot setback is permitted.
Rear 20 feet minimum; this area must be landscaped.
Building Height:
Minimum 1 story.
Maximum Unlimited.
Lot Coverage: The aggregate area of all buildings shall not exceed 50 percent of the entire site.
(Ord. 596, 12-5-2001)
10-13E-5: - SCREENING:#
If it is the determination of the planning commission that boundary line screening is required or if it is the desire of the developer to install screening, said screening shall consist of the following: A.
Walls: A wall shall consist of stone, or a similar type of solid masonry material a minimum of eight inches (8") thick.
B.
Fences: A fence shall be constructed of ornamental iron or a material review and approved by the planning commission.
C.
Standards: Since walls and fences are a main visual feature in any development, regulations related to the placement, size and appearance of such structures must be enacted. The following standards shall apply to the installation of all fences and walls, or other visual obstructions used for the purpose of screening, either around the perimeter of the development site or within the development site:
1.
All screening shall complement the architectural components of the buildings.
2.
The height of the walls and fences shall be reviewed by the planning commission and approval shall be based on screening that is necessary to enhance and protect the development from adjacent property.
3.
If fencing/walls are not required or permitted, landscaping must blend with and complement adjacent developments.
(Ord. 596, 12-5-2001)
10-13E-6: - PARKING:#
A.
Spaces Required: The planning commission shall determine the number of parking spaces for staff and customers for each use. The number of required spaces may be derived from the list in section 10-15-3 of this title (parking space for nondwelling buildings), but in no case shall the parking ratio be less than 4.5 spaces per one thousand (1,000) square feet of building area.
B.
Parking Lot Characteristics: Each parcel of land developed for off street parking in response to the requirements of this article shall provide the following characteristics:
1.
Surfacing: Surfacing shall be hard surfaced and maintained in good condition and kept clear and in an unobstructed and usable condition at all times during business hours. Responsibility for maintenance of the lot shall rest with the property owner. The lot shall provide adequate access to a street or alley.
2.
Grading: Parking lots shall be graded for proper drainage with surface water diverted in such a way as to keep the parking area free of accumulated water or ice. All surface drainage shall be detained within development site and approved by city engineer.
3.
Lighting: Lots shall be properly illuminated, with luminaries arranged so as to baffle and direct light away from any adjoining residential buildings and not adversely impact any adjacent properties.
4.
Size of Spaces: Each parking space shall be a minimum of ten feet (10') wide by twenty feet (20') long.
5.
Handicapped Parking: All structures which are regulated by the provisions of the international building code shall have adaptations which assist access by handicapped persons and shall, in addition, provide off street parking for handicapped persons as required by applicable state or federal regulations.
(Ord. 596, 12-5-2001; Ord. 847, 11-6-2013)
10-13E-7: - LANDSCAPING:#
All landscaping shall visually enhance and complement the overall development and be installed and maintained in conformance with a landscape plan, which has been approved by the planning commission and city council. The following are the minimum standards (see subsection 10-13E-5C3 of this article): A.
Plan Required: A detailed landscape plan shall be submitted at the time that the project plan for the entire development is reviewed and approved.
B.
Open Space and Front of Property: A minimum of twenty percent (20%) of the entire developed land area shall be maintained in landscape open space. Fifty percent (50%) of all of the landscaping shall be visible from dedicated roads fronting the property.
C.
Hardscape: The use of hardscaping will not be counted as a part of the landscape ratio unless the hardscaping is designed to visually enhance the appearance of the landscaping as determined by the planning commission and city council, but in no case can this ratio exceed a deduction of more than three percent (3%) of the landscape ratio.
D.
Xeriscape: Xeriscape principles may be used to serve as the primary means in landscaping, but desert and natural type landscape concepts shall not be utilized as total approved landscaping.
E.
Plan Preparation: The landscape plan shall be drafted by a landscape architect or a designer who is employed by a landscape company.
F.
Landscape Trees: There shall be a minimum of one tree per two thousand five hundred (2,500) square feet of land area and not more than twenty-five percent (25%) of all newly planted trees may be of the same variety.
G.
Dumpsters, Service Areas: No dumpster areas or service areas shall be visible from any roadway or residence. Dumpsters shall be in an enclosure constructed out of the same material as the building or wall and designed such that refuse cannot blow from the dumpster.
H.
Maintenance: The landscaping shall be maintained through perpetuity. All plants shall be serviced by an acceptable automatic irrigation or sprinkler system and maintained in a healthful living condition. Dead plant materials shall be replaced as necessary during the life of the project and in accordance with the approved landscaping plan.
I.
Water: Water saving methods shall be implemented and utilized for all landscaping.
(Ord. 596, 12-5-2001)
10-13E-8: - SIGNS; ILLUMINATION:#
Sign design and illumination themes shall also be included for review by the planning commission and city council. The planning commission and city council shall not approve a development proposal without a sign plan. Architectural themes shall be carried into the sign plan.
(Ord. 596, 12-5-2001)
10-13E-9: - LIGHTING:#
Subtle building and site lighting to enhance the landmark use is required. Site and security lighting shall be designed to enhance the architectural quality of the development. Screening of lights from residential areas and glare from traffic areas shall be minimized. Lighting consistency utilizing a design approved for the entire area shall be required in the parking lots.
(Ord. 596, 12-5-2001)
10-13E-10: - ARCHITECTURAL DESIGN:#
As part of review of proposed development, the planning commission shall review the proposed development plans to ensure compliance with the architectural design guidelines intended to promote the "visual signature" and "landmark" concepts. A.
Overall Architectural Outline:
1.
The proposed development shall include architectural renderings and elevations of the proposed buildings. Relationships to surrounding uses shall be considered in respect to scale and massing of the proposed uses. Architectural style, colors and materials will be assessed in order to maintain a consistent quality throughout the development.
2.
The design shall improve community appearance by avoiding excessive variety and monotonous repetition.
3.
All building elevations shall be architecturally treated and with the same materials on all faces of the building.
B.
Architectural Guidelines: The following architectural design guidelines apply to uses in the landmark development zone:
1.
Detailed architectural guidelines are attached to the ordinance codified herein as exhibit A and on file in the city office.
2.
All architectural treatments may be reviewed by a registered architect chosen by the city and paid for by the developer.
(Ord. 596, 12-5-2001)
10-13E-11: - SUBMITTAL REQUIREMENTS:#
All buildings and structures proposed for development under this article shall be subject to a site plan review process as adopted by the city. There shall be submitted to the planning commission a master plan for the entire development for the purpose of meeting the requirements set forth in this article.
(Ord. 596, 12-5-2001)
10-13E-12: - SECURITY; SITE IMPROVEMENTS:#
The following articles shall apply to all landmark developments within the city: A.
Site Improvements:
1.
Guarantee: To guarantee the construction, repair and/or replacement of required public improvements in each phase, the permittee shall post a guarantee either in the form of an escrow cash deposit or irrevocable letter of credit. The amount of the guarantee shall be the greater of one thousand dollars ($1,000.00) or one hundred twenty-five percent (125%) of the reasonable construction or installation costs of each of the following that is applicable to the project:
a.
Curb, gutter and sidewalk;
b.
Storm drainage system;
c.
Asphalt paving;
d.
Fire hydrants;
e.
Fencing;
f.
Landscaping and sprinkling systems;
g.
Water and sewer lines;
h.
Driveway approaches;
i.
Any other required improvements.
2.
Calculation: In calculating the amount of the guarantee, the city engineer may accept the amount specified in a construction bid as the reasonable cost of the improvements.
3.
Damage: This site improvement guarantee shall also guarantee the repair or replacement of any public improvements damaged by the contractor or owner or their agents during construction. The city shall notify the owner and/or contractor of any such damage and shall require repair or replacement of the damaged public improvements within a reasonable time. Upon the failure of the owner or contractor to make the specified repairs, the city may take whatever legal action it deems appropriate, including foreclosure on the guarantee, to secure the repairs.
4.
Guarantee Release: A guarantee shall not be released until all improvements are completed and accepted by the city and a final certificate of occupancy is issued.
B.
Project Completion:
1.
Security Required: In order to protect the city from the financial burdens resulting from damage to or increased maintenance cost for city facilities that may occur as a result of incomplete or inadequate site improvements on private construction projects, the city requires that developers either complete all site improvements prior to occupancy or inauguration of use, or, if that is not possible, that adequate financial security for that completion, together with a right of entry to the property to complete that work, be granted to the city.
2.
Construction According to Approved Plans: All construction shall be completed according to the approved plans on which the building permit was issued. The approved plans shall also include the site improvements shown on the site plan. Deviations from the approved plans must be approved in advance by the planning commission.
3.
Security for Completion: No certificate of occupancy will be issued unless the building and all required site improvements are completed, or the developer has provided adequate security to guarantee completion of the site improvements. When the site improvements and the building cannot be completed simultaneously due to weather conditions or other factors beyond the control of the developer (excluding financial inability to complete the project), the city may issue a certificate of occupancy for the project, provided the following conditions are met:
a.
The building, buildings, or portions thereof, to be occupied have been constructed in accordance with the approved plans for those buildings and are in full compliance with applicable building and fire codes, and are completed to the extent that only exterior site improvement work remains unfinished; and
b.
The building inspector and fire marshal determine that occupancy of the buildings, or portions thereof, prior to completion of required site improvements, is safe and that access for emergency vehicles is adequate with the site improvements unfinished; and
c.
The developer posts adequate security for the benefit of the city to ensure completion of the site improvements in full compliance with the approved plans within one year from the date of occupancy or inauguration of use.
4.
Amount of Security: The amount of security to be posted by the developer shall be determined by the city engineer, and shall be equal to one hundred twenty-five percent (125%) of the amount reasonably estimated by the engineer as being necessary to complete remaining site improvements as shown on the approved plans. In the event that the developer disputes the cost estimate of the city engineer, the developer may prove a lower construction cost by providing binding contracts between the developer and contractor or subcontractor appropriate to perform the required work at a stated, fixed price. Bid proposals are not satisfactory for this purpose. If the contracts submitted are acceptable in form, the amount of security required shall be one hundred twenty-five percent (125%) of the total contract price of all such contracts submitted, plus one hundred twenty-five percent (125%) of the estimated reasonable cost of performing any work not covered by the contracts. Specifications in such contracts shall be sufficiently clear to identify the work called for under the contract.
5.
Terms of Security: The terms of any security arrangement offered to the city shall state a date certain by which the developer agrees to have site improvement work completed in accordance with the plans, and further provide that, in the event that the developer has not completed required site improvement work by that date, the city may, at its option and on its schedule, draw on the funds escrowed, or credit established, or such other security device by its own act, and shall not be required to obtain consent of developer to withdraw funds for completion of the work shown on approved plans. The city's actual costs in administering the completion of work in the event of a default by the developer shall be reimbursed from the escrow or other security arrangements.
6.
Form of Security: Security arrangements offered in lieu of simultaneous completion of buildings and site improvements shall be in one or more of the following forms:
a.
An irrevocable letter of credit from a bank authorized to do business in the state, naming the city as the payee of funds drawn against that letter of credit and guaranteeing the availability of funds for one year; or
b.
A deposit of cash with a third party escrow acceptable to the city.
7.
Payment of Interest: Any interest accruing on escrow funds shall, unless expended for completion of site improvements required, inure to the benefit of the developer upon release and the use of land, not to the city.
8.
Preparation of Development Agreement: A development agreement shall be prepared between the city and the developer outlining the terms and conditions of the site plan approval.
Riverdale City reserves the right for the developer to pay costs for reviews and recommendations pertaining to consulting in areas of architectural, engineering, traffic, geology, financial or any consultation the city deems necessary for information regarding purposed development.
(Ord. 596, 12-5-2001)
10-13E-13: - GUARANTEES AND COVENANTS:#
Guarantees and covenants for the development shall be included in the project development agreement.
(Ord. 596, 12-5-2001)