HomeMy WebLinkAboutA001 - Council Action Form dated September 28, 2010 ITEM# 36
DATE 09-28-10
COUNCIL ACTION FORM
SUBJECT: ZONING ORDINANCE TEXT AMENDMENT RELATED TO SCREENING
OF MECHANICAL UNITS
BACKGROUND:
Mechanical units are defined in Section 29.201(116) as "a climate control device and/or
a piece of hardware used for the delivery or measurement of utilities." The Zoning
Ordinance generally requires the screening of mechanical units, presumably for
aesthetic purposes only. However, screening requirements are called out in various
sections of the zoning code, with slight to significant differences in the requirements.
For example, screening requirements in the General Development Standards - which
apply to all zones - regulates mechanical units seen from ground level. However,
standards in the Convenience Commercial Node (CVCN) District and also in the
Gateway Overlay Districts regulate mechanical units seen from adjoining properties or
streets at any level. Having these standards called out separately in these different
zoning districts results in both redundancy and inconsistency among standards. There
are also standards that are difficult to interpret because of terms that are vague or
otherwise subject to interpretation. For example, the code requires in some instances
that mechanical units be "substantially" screened, but it is not clear how much screening
is necessary to be substantial.
The application and enforcement of these standards has not been consistent, perhaps
because of the inconsistencies in code language, and perhaps because of practical
difficulties in applying existing standards. For example, the requirement to screen
mechanical units as seen from any abutting property is difficult because neither the
applicant nor City staff can verify if a unit is seen from, say, an upper-floor balcony of a
private living unit. Moreover, the combination of both topography and distance may
result in overlooking the visibility of a unit that technically is visible, but which may be
less noticeable in the larger panoramic view of an area. Additionally, some things may
have been overlooked due to uncertainty over the definition of a mechanical unit (which
was recently revised to address this problem). Finally, inconsistencies may have
occurred because of terms in the existing code that are vague or subject to
interpretation. For example, the code requires in some instances that mechanical units
be "substantially" screened, but it is not clear how much screening is necessary to be
considered "substantial".
In October 2009, staff requested both the Commission's and City Council's input on
whether existing standards should be amended, and presented pictures of various
projects and how screening of mechanical units have been handled. The Commission
commented on the need to address aesthetic clutter but acknowledged that the level of
importance in addressing this varies depending on location. The Commission also
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suggested that regulation of mechanical unit screening be based on what is seen from
the ground level, and what is seen from the public right-of-way. Ultimately, however, the
Commission determined that there is no need to change the current code, and that the
current code should be enforced as written.
The City Council considered the same information as presented to the Planning and
Zoning Commission, and also considered the Commission's input. Council comments
focused on the visibility of units at the pedestrian and vehicle level, and the need to
consider the aesthetics of screening when buildings are being proposed, i.e., that
thought about how air condition units and meters are going to look should be
considered at the initial building design stage. The Council then directed staff to request
input from the development community on this issue. Accordingly, staff discussed the
current issues, and shared some ideas on how to address current issues, with the
developers at the quarterly meeting in April. Staff invited the developers to respond to
those ideas and to share their own ideas on how screening of mechanical units should
be regulated. There was not much feedback at that time, so staff prepared draft
language based upon the ideas shared at that meeting and e-mailed them to local
developers for review and comment. The following is a summary of the more
substantive changes in the draft amendments, along with some discussion points:
* Change "substantially" screened to 75%" screened for ground mounted units.
This eliminates need for reference to L3 or L2 standards, which assume a
minimum depth of screening area. It also eliminates words that are subjective
and not well defined. Also, change screening requirements for roof mounted units
to specify that 75% of the height of the unit must be screened rather than
requiring the unit to be completely screened.
* Identify the ground level as the point of reference for visibility of both ground
and roof mount units. This makes it clear that screening is not required of units
visible from, for example, upper floor balconies.
* Exempt units that are visible from grade levels on abutting streets or properties
that are at least three feet higher than the elevation of the roof surface.
* Identify the abutting street or highway as the point of reference when the
standard applies to visibility from streets, but exempt units that are visible more
than 300 feet down the road on which the subject site abuts. This makes it clear
that visibility of units beyond the immediate area of the building is not a concern.
* Eliminate reference to visibility from "abutting residential properties" for ground
mount units. Only roof mount would be screened from abutting residential
properties, with the ground being the point of reference. This assumes that
ground-mounted units are less impacting to surrounding development because
they are more likely to be screened by commonly occurring landscaping and/or
fencing in backyards without additional screening directly abutting the units.
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* For clarity purposes, change language pertaining to screening when using
architectural methods from materials that are "consistent with" the principal
materials of the building, to materials that are "of the same color as the principal
materials of the building." (Current language for more sensitive zones that
specifies that screening materials shall be of the same type, quality, and color as
the principal materials on the building is retained).
* In more sensitive zones where there is already higher design and screening
standards, provide clarity as to how screening will be integral to building design
by giving examples of building elements that will achieve this requirement such
as parapet walls, roof forms, etc.
* Exempt from the screening requirements wall-mounted meters on non-street
facing side or rear facades if they are located beyond the centerline of any
fagade visible from the street.
* Eliminate redundant, sometimes conflicting standards in CVCN, O-GSE,
O-GNE and O-GSW zones. Retain only those provisions that are unique to those
zones. Otherwise, have General Development Standards be applicable to all
zones.
* Delete reference to rooftop mechanical unit setbacks.
Recommendation of the Planning & Zoning Commission. At its meeting of
September 1, 2010, with a vote of 5-1, the Commission recommended approval of the
Zoning Ordinance text amendments presented by staff. These amendments are
included as an attachment to this report.
Staff sent notice to local developers of the proposed changes and informed them that
these would be reviewed by the Planning & Zoning Commission at its September 1,
2010 meeting. No comments on the draft amendments were received. No one attended
the meeting to speak in opposition to or support of the proposed changes.
ALTERNATIVES:
1. The City Council can adopt the amendments as proposed and attached.
2. The City Council can adopt the proposed amendments, with modifications.
3. The City Council can choose not to adopt the proposed amendments retain the
existing wording in the Zoning Ordinance for screening.
4. The City Council can refer this back to staff for additional analysis.
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MANAGER'S RECOMMENDED ACTION:
The proposed amendments are intended to provide needed clarity on screening
requirements for the staff and developers, particularly in regards to allowable methods
for screening based upon the zoning district the units are located in. It is hoped that
these recommendations provide more easily defined vistas from which mechanical units
should be screened to avoid questions on whether distant viewing of units is subject to
the regulations, and they eliminate redundant and sometimes conflicting regulations.
Staff believes that the proposed changes are in keeping with the intent of existing
regulations, but would provide more reasonable and more easily defined provisions for
their application. Therefore, it is the recommendation of the City Manager that the City
Council act in accordance with Alternative #1 , which is to adopt the changes in the
Zoning Ordinance as proposed and attached. If the Council does not concur with all of
the proposed recommendations and would like to modify some or all of them, then
Alternative #2 may be appropriate.
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Mechanical Screening Regulations
- Proposed Amendments -
(Strikeout/Underlined Version)
The following proposed amendments pertain to regulations for the screening of
mechanical equipment. Current regulations are cited below, with proposed new
language shown as underlined text, and proposed deleted language shown as strikeout
text:
Section 29.201(116) (Definitions)
(116) Mechanical Unit means a climate control device and/or a piece of
hardware used for the delivery or measurement of utilities, that-is,loGated above +"e
gFO ind and is clearly visible, not including solar energy systems as defined in section
29.1309.
Section 29.402(4) (Setbacks)
(4) Rooftop "echaniGal Egdipmeat—SetbaGk. All reeftep-meGhaniequipment shall be set back at least 115 feet from all reef edges parallel to Street Lot
Li
(5 4) Through Lots and Corner Lots. On through lots, and corner lots with
two or more abutting streets, except lots within the RL, RM, and UCRM Zoning Districts,
the required front setback shall be provided on all streets.
Section 29.408(4) (General Development Standards - Applicable City-wide)
(4) Mechanical Units.
(a) Screening Required. For all uses, except for single-family and two-family
dwellings, all mechanical units located on the grounder Gh as cooling eF heating
equipment, pumps „r generaterc shall be substantially screened from ground level view
from abutting streets and any abutting—residential properties by a partially sight
obscuring fence and/or shrubs that achieve a minimum opacity of approximately 75%.
Such fence and/or shrubs shall be at least six inches higher than the height of the
mechanical equipment. All mechanical equipment mounted on roofs, or on the walls of
buildings, shall be complete! screened from the ground level view from both abutting
streets and of any abutting residentially zoned lot and-substantially SGreened fca_„o ma;T
other adjaGent properties at any loves with materials that are- ensisten+ with the
arGhiteGtUral-materials used on the ext rier of the building the same color as the
principal siding or trim materials of the exterior of the building. Required screening shall
be completely opaque, and shall ensure that at least 75% of the height of the
mechanical unit is screened or otherwise unseen.
(b) Screening Exemptions. Screening of mechanical units is not required in the
following instances:
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(i). Wall-mounted meters and associated panels on a non-street facing
side or rear facade, provided thev are located beyond the centerline of any
facade visible from an abutting street
(ii) Units mounted on roof surfaces that are at least 3 feet lower than the
ground level of the abutting street or property (Screening is nonetheless required
from other non-exempt vantage points);
(iii) Units visible more than 300 feet beyond the side lot lines that intersect
with the street on which the subject site abuts. (Screening is nonetheless
required from other non-exempt vantage points).
Sections 29.807(5) & 29.810 (Pertaining to the CVCN & CGS Districts)
(5) Mechanical Eg ipmen Units.
(a\ Comply �stt..andards of this se� aII
�^�J�`il�cooling er hcat♦�, e
0 n„mrp anc
�f�crr nips
+
g1o_rne ra to rs
Tip GGMMu iicatinzrGnsequipmei i
(V)Utility Gabinets
tVl/ —I I-I sSGh Fne aRiGal equipmen
{b} () Locate and Green SUc" mechanical equipment units so iS Rot
visible fr_'rern a.dje iRg properties OF public Streets er sidewalksand to minimize acoustic
impacts of this equipment in t� on surrounding residential development and areas.
(c-) (b) In addition to the general provisions under Section 29.408(4),
screening Screening shall be integral to and consistent with the overall design of
the building, using such means as parapet walls, roof forms, or similar utilization
of the buildings primarVarchitectural features and materials. and the landSGane
At a MiRiMUM, SGFeeniRg materials shall meet the L3 eF F2 standards set forth-'R
SeGtinn 29.403.
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shall include materials of the same pine quality � s
an�rn� crr rpP�,�
the prim.' aImaterialsrof the building or landSGa e and
(i�ri) at the time irnrstallation, shall be atIleast six 'n�nGhes higher
than the height of the meGhnniGal equipment
Section 29.1107(5) (Pertaining to the Southeast Entryway Gateway Overlay
District):
(5) Design Standard. The following guidelines involve exterior building
materials, minimum roof slopes, entrances and signs.
(g) Garbage Collection areas and Mechanical Units shall be screened
pursuant to Section 29.408(3) and (4) of this ordinance except that:
(i) Trash receptacles for use by customers are exempt.
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All mer•honinol equipment shall he GGmnletely SGreenerd from
1 / ..��.,.�� ..�.. ..I....�N���v��� shall vv vv��iN �..w �.zvrc.rritia-ram yr-rT
the gFound level Of any adjacent pFc)peFty with aFGhhteGtUFal mateFials that aFe GeRSistent
with these used OR the primary building.
(h) El Gtrieel_an and utility meters shall be IOGated on the rear fa rdo or en_a
non stFeet facing side fagade pFevided they are leGated behiRd the centerione ef the side
ef the building.
Section 29.1109(10)(g) (Pertaining to the O-GNE Northeast Entryway Gateway
Overlay District)
(g) Locate drive-through windows, menu boards, mhanioc,I
equipment, and associated stacking lanes to minimize impacts on other areas of the
development site, as well as impacts on adjacent properties. Such site features are to
be integrated with the building design and screened from off-site property.
Section 29.1112(7) (Pertaining to the Southwest Gateway Overlay District)
(7) Mechanical Equipment + +
(a) Comply with rthe StanStandards of this seGrtie al
(ii) een1in�_ng orrheating ry iip n"t
`iiii) gern-re•FatGFS Qy�
(i ) GGITIMURiG.atZie Rs equipment
( ) private utility Gaabirn-rets
(vi) meters
(�iii1 ) E)thers saG ime^icecihaniGalequiprmi--eR
(b) LeGate,and am£-reen such eGhandGal equipment so it is not-visible
f in
from adjeiRiR- properties E)F publiG streets or sidewalks and tE) MiRimize aGous...,
impaGtS of thi equipment in these areas
(c) In addition to the general provisions under Section 29.408(4),
SGr-eening screening of mechanical units shall be integral to and consistent with the
overall design of the building, using such means as parapet walls, roof forms, or similar
utilization of the buildings primary architectural features and materials. and the
forth in Section 29 nnZ I �,
cehall_inGli de materials ref the same type, quality and eGlGr as
cruuc.�r�r �., -
the principal materials of the building Gape—and
r�at the time installation, shall be at least ix inches higher
than the height of the mechanical equipment.
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