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2004-237 ORDINANCE NO. 2004 - 237 An ordinance creating parking regulations for multiple-family residential development and to create design standards for multiple-family development in the Zoning Code, with a penalty and injunctive relief for a violation thereof as set forth in Section 18.28.010 of the Code of General Ordinances of the City of Janesville. THE COMMON COUNCIL OF THE CITY OF JANESVILLE DO ORDAIN AS FOLLOWS: Section I. Section 18.32.070.H.1.d (off-street parking) of the Code of General Ordinances of the City of Janesville is hereby amended to read as follows: "1. Dwelling and Lodging Uses. a. Boardinghouses or roominghouses, one space for each lodging room; b. Hotels, motels and tourists homes, one space for each lodging room plus one space for each employee (based upon the maximum number of employees on the premises at anyone time); c. Single-family and two-family dwellings, two parking spaces for each dwelling, plus one additional parking space for each two roomers or lodgers accommodated; but no more than four parking spaces for each dwelling unit; d. Multiple-family dwellings i. Multiple-family dwellings with dwelling units containing two or more bedrooms located on a through arterial street as listed in Chapter 10 of the municipal code shall provide two parking spaces for each dwelling uni t. ii. Multiple-family dwellings with dwelling units containing one bedroom or designed as an efficiency unit located on all other streets shall provide one and one-half parking spaces for each dwelling unit. iii. Multiple-family dwellings which are located in the R4, 02, and B6 districts shall provide one and one-half parking spaces for each dwelling unit. whether located on an arterial street or any other street. " Section II. Chapter 18.35 of the Code of General Ordinances of the City of Janesville is hereby created to read as follows: "Chapter 18.35 Multi-Familv Housine Development Standards 18.35.010 Purpose. 18.35.020 Application of Standards. 18.35.030 Architectural Standards. 18.35.040 Landscaping Standards. 18.35.050 Safe Layout and Site Design Standards. 18.35.060 Site Amenity Standards. 18.35.070 Motor Vehicle Standards. 18.35.080 Severability. 18.35.010 PURPOSE. The following standards and provisions are hereby deemed necessary and are intended to: · Protect the health and welfare ofthe citizenry; · Provide adequate design and amenities for multi-family housing for the citizenry; · Improve the quality of life for residents who live within multi-family housing; · Improve the design quality and standards of amenities for citizens living within multi-family housing by creating developments utilizing long-lasting, high-quality construction and establishing minimum amenities for residents; · Improve the visual image of multi-family housing within the City; · Ensure that the design and density of multi-family housing is appropriate m relation to the development site and surrounding land uses; · Maximize usable open space within multi-family developments; · Apply best management practices to storm water management; · Recognize the physical, environmental, social and psychological benefits of good design of all aspects of multi-family housing development including but not limited to building construction, building, design, site layout, landscaping and resident amenities. 18.35.020 APPLICATION OF STANDARDS. A. The standards codified and established by this Chapter shall apply to the physical development of all multi-family housing development of vacant land and multi-family residential redevelopment of all lands that are zoned R3M, R3, R4, 01, 02 and B6. For purposes ofthis title, redevelopment is defined as the removal of any building, structure and/or improvement for the purpose or intent of constructing, erecting, creating, or otherwise improving the underlying land area with new buildings, structures, uses and/or improvements. The standards contained herein shall also apply to multi-family residential building additions which double the gross floor area or number of units of any existing multi-family residential building. B. Compliance with the regulations contained herein shall be determined by the Site Plan Review Coordinator. The Coordinator may, at his/her discretion, consult with the Planning Director, City Engineer, Director of Public Works, Chief Building Official and Fire Inspector or their designees for their input, information, expertise and opinion regarding the status of compliance with said regulations. Applicants that are in disagreement or aggrieved with the findings of the Site Plan Review Coordinator may request mediation of Coordinator's actions by the Plan Commission as outlined in Section 18.24.050 F. of the Janesville Code of General Ordinances. 18.35.030 ARCHITECTURAL STANDARDS. A. Purpose. The intent of the following standards is to insure that multi-family residential development results in the creation of functional, safe and aesthetically pleasing high quality, living environment. A high quality living environment is one that is designed to create living arrangements which meet the needs of the residents with high-quality, long lasting building construction and minimum standards for safety in the design of the built and site environment. It should also provide an environmentally compatible and pedestrian friendly environment, which harmoniously co-exists with lower density residential development and commercial development, which may be located nearby. i. Maximum building size: in accord with the applicable zoning district standard. ii. The maximum height of any building, structure or use shall be in accord with the applicable zoning district standard. iii. The size, bulk and shape of buildings shall be compatible with the shape and size of the parcel of land which it is located upon. Also the building massing shall be compatible with the buildings located on parcels in the surrounding neighborhood. When such surrounding buildings consist of dramatically different sizes and styles that may not be compatible with each other, new buildings shall be designed to provide a transition between such other buildings. Where there are few or no surrounding buildings, the size, bulk and shape of buildings shall be consistent with the planned character of what will be the surrounding development as reflected in City's Comprehensive Plan and other adopted plans for the area. iv. When a single building is constructed on an individual lot, the front façade of the structure shall be oriented towards the street frontage of the site. v. Front building facades shall not utilize a garage as the most predominant architectural element visible from the street, depending upon the overall layout of the site. When attached individual garages are constructed, the garage should be connected to the residential unit through the rear or side, in a manner that de-emphasizes the garage. Detached garages shall also be located in a manner which does not make it a predominant architectural element. vi. Buildings, particularly large structures, shall be designed to reduce the physical and visual scale and/or appearance through the use of varied design elements including but not limited to varied setbacks, building height, roof treatments, multiple gables, door and window openings, balconies and patios, and other structural and decorative elements. In addition, consideration should be given to varying the vertical walls of buildings with exterior horizontal wall protrusions and recesses and also the tops of walls and roof eaves through the use of varying vertical heights from the ground plane. Multi-family residential buildings shall have residential styled gabled or hip roofs, except where the character of surrounding buildings suggest that other roof styles are appropriate. vii. All buildings shall have structure or dwelling unit entrances clearly visible from parking areas and defined with varied façade materials, roofs, canopies, porticos or other features that identify them and invite residents and visitors to them. Large buildings with central doors/hallways to individual units shall provide multiple entrances convenient to parking and pedestrian improvements. Separate entrances shall be provided for each residential unit for smaller buildings, where practical. viii. Exterior building materials shall be durable and low maintenance. Buildings must consist primarily of wood, brick, stucco and / or similar materials. The Site Plan Review Coordinator may approve the moderate use of residential character vinyl and seamless metal siding, when the building incorporates architectural features which limit long sections of siding along any elevation. ix. Building design and architectural elements shall be applied to all sides of buildings with particular attention to elevations that face lower density residential uses and public streets. x. Multiple buildings on one lot or multiple buildings constructed in a single development on individual lots shall include consistent architectural design elements which create a unified development pattern. xi. Roof materials shall be consistent with that of Section 18.36.020.A.11.f, unless an alternative roof material is architecturally appropriate in a particular location as determined by the Site Plan Review Coordinator. xii. In general, colors used on the exteriors of buildings should be non-reflective, subtle or neutral tones. Bright, vibrant or highly reflective colors or surfaces shall not be used. xiii. All permanent trash / recyclable storage areas shall be completely screened from view by an opaque vertical wall or fence that is a minimum of five feet in height or greater as necessary to adequately screen the trash enclosure(s). Said wall or fence shall be constructed of the same or complimentary materials as the building(s) that it serves. Loading and trash storage areas shall be designed in consultation with professional service providers in order to accommodate all desired functions within the screened area. Loading and trash storage areas shall be proximal to the building they serve in order to provide convenience in access for residents using such facilities. xiv. Ground mounted mechanical equipment shall be located out of site from adjoining public streets and screened with landscaping, walls which are incorporated into the façade by the same or similar building material or fences. xv. Site layouts shall be done in a manner which maximizes open space on a site. This is particularly important for sites which have multiple buildings. Surface parking shall be prohibited in front and corner side yard setback areas. Methods to maximize open space include, but are not limited to promoting multiple story buildings, utilizing underground parking and clustering of buildings on a development site. Buildings which incorporate 30 or more units shall be constructed with secure, underground parking. 18.35.040 LANDSCAPING STANDARDS. A. Purpose. The landscaping standards contained herein establish a point system to determine the appropriateness and effectiveness of plant installation. The system recognizes that the installation and maintenance of live plants is essential to creating a healthy, safe and aesthetically pleasing environment. The system places priority on the planting of deciduous shade trees, which results in the highest level of environmental impact mitigation. As such all real property proposed for multi- family development shall be landscaped as follows: i. Planting designs shall concentrate on shading building roofs, parking lots, pedestrian facilities and the adjoining public streets. Secondary importance is focused on foundation and screening plantings intended to soften the transition from the ground plane to the vertical plane. ii. Landscaping requirements. Landscaping shall be provided based on the following requirements or point schedules. Landscaping is defined as living plants normally selected for use on residential sites. These requirements supercede any other landscaping or screening requirements of the zoning ordinance. The requirements of each of the following categories are additive and must be satisfied independently, including buffer yard requirements. I. Street Frontages: One Large Deciduous tree shall be planted for each 50 feet of property line along a public street right-of-way. Said trees shall be planted in the public terrace equidistant from the curb and the normal sidewalk line or on the private site and within 10 feet of the property line adjoining the public right-of-way. The preference for tree locations is on private property. The trees should be planted as near as possible atrintervals of 50 feet on center although the clustering of trees for valid design purposes may be allowed. II. Paved Areas: 150 points of landscaping shall be planted for each 3,000 square feet of paving. At least one-half of the landscape points required shall be satisfied by the planting of Large Deciduous Trees. Paving is defined as all hard surfaced areas within the ground plane including but not limited to parking stalls, driveways, trash enclosure pads, sidewalks, plazas and patios. Paving areas shall not include pools or playgrounds. Plants required by this section shall be installed in landscape islands within or extending into the paved area or generally within 15 feet of the perimeter of the edges of the paved area. Parking lots containing more than 25 stalls shall incorporate at least one-third of the required landscaping within planting islands that are located within the interior of the parking lot. Such islands shall be a minimum of 10 feet wide and 360 square feet in area and shall contain at least one Large Deciduous. Said islands should be evenly dispersed throughout the parking lot. Emphasis should be placed creating islands that function positively with respect to plant physiology, vehicle maneuvering and overall site maintenance. Linear islands located between rows of parking stalls are preferred rather than small islands located at the ends of parking rows. III. Building Foundations: 300 points of landscaping for each 100 lineal feet of exterior building wall. Plants required by this section must generally be installed within 20 feet of the building foundation. Large Deciduous Trees shall not be used as foundation plantings. Foundation plantings should be concentrated along the front elevation(s) of the building. IV. Large Open Spaces: Where large open spaces are created by the layout of a multi- family development that exceeds one acre in area, the large open space shall include large deciduous trees to create shade within the open space. A large open space is an area of at least 3,000 square feet and shall include at least one large deciduous tree, in addition to other planting requirements found in this Section. V. Buffer Yards: There shall be provided and maintained a permanent twenty-five foot wide buffer yard screening element along any boundary of a multi-family residential development or building and any single or two-family residential district. Said buffer yard screening element is intended to visually screen the multi-family structure from the adjoining low density residential development. The buffer yard screen shall be located along the common property line between the multi-family residential development and the single or two-family residential district. A buffer yard screen shall consist of any combination of an earth berm, opaque fence constructed of materials compatible with the materials of buildings within the development and/or landscape plantings and shall be designed to provide a permanent all-season visual screen that will be a minimum of five feet tall. Ifplantings are used, such elements must be a minimum of three feet high and wide at the time of planting and of a species that will attain a height and width of at least five feet within four years following planting. When such buffer yard planting is located within the required building setback from a public street right-of-way the height of the plants within that setback area must be maintained at 30 inches or less. The location of the buffer yard planting should be offset from the property line a distance equal to any utility easement of any nature that may be located along and encompassing said line. VI. Development Sites: Development sites shall satisfy the Street Frontage landscaping requirements and shall be graded to a mowable condition and seeded with an acceptable lawn mix. Development sites are defined as any land area that is a separate site, lot, parcel or a vacant portion of a larger site that is included within a development but which is intended to be developed in the future for building, parking or other physical improvement purposes. iii. Landscaping point credits. Credit for landscaping will be granted based on the following schedule: I. Large deciduous tree: II. Small deciduous tree III. Evergreen or Conifer tree IV. Shrub V. Annual/Perennial bed 150 points per tree 60 points per tree 60 points tree 20 points per shrub 20 points per 20 square feet of planted bed iv. Landscaping elements are defined as follows: I. Large deciduous tree. A large deciduous tree is any deciduous tree that will attain a mature height exceeding 25 feet, is classified as having a hardiness zone standard of 2 - 5 and is at least 2.5 inches in diameter at the time of planting. Large deciduous trees planted within the public street right-of-way shall be a species normally classified as Street trees. Trees will be downsized appropriately when overhead utility lines exist within the terrace area. II. Small deciduous tree. A small deciduous tree is any deciduous tree that will attain a mature height less than 25 feet, is classified as having a hardiness zone standard of 2 - 5 and is at least 1.0 inch in diameter at the time of planting. III. Evergreen or Conifer Tree. Evergreen or conifer trees are any upright conifer that will attain a mature height exceeding 12 feet, is classified as having a hardiness zone standard of 2 - 5 and is at least 4 feet tall at the time of planting. IV. Shrubs. Shrubs are plants that are both deciduous or evergreen in character, attain mature heights between 2 - 8+ feet, are classified as having hardiness zone standards of 2 - 5 and that are at least 18 inches in height at the time of planting. v. Green areas of the site not used for landscaping shall be seeded or sodded with an acceptable maintainable lawn seed mix. Mulch of plantings or planting beds is acceptable provided that such mulching consists of organic or natural materials. Mulches shall be installed so that they will not erode, fall, be plowed or otherwise transported into walks, drives, streets or other hard surfaced portions of the site. Functional weed barriers will be installed in all areas to be mulched. vi. Installation. All landscaping shall be installed consistent with industry accepted standards. Installation shall occur prior to the issuance of a Certificate of Occupancy for the site unless such occupancy occurs during winter, in which case the landscaping shall be completed by 1 July of the following summer. vii. Maintenance. Landscaping required by this title is intended to be a permanent site improvement just as any other building, structure or infrastructure that is necessary to facilitate the intended use of the site. As such, all landscaping shall be continually maintained in a live state. Maintenance shall included periodic and timely watering, fertilizing, pruning and any other such normally required horticulture activity necessary to keep all landscaping in a healthy, safe and aesthetically pleasing state. Recognizing that over time plants may mature and die or otherwise expire because of natural or unnatural causes, maintenance shall include the removal and replacement of dead or dying plants. Such replacement shall occur within the same year in which a plant dies or in the spring planting season of the following year. viii. Utility easements. Planting in utility easements should be avoided. If such planting does occur, it is at the risk of the property owner. Any plants that must be removed because of utility work within such easements shall be replaced by the property owner at their cost. Replacement landscaping shall satisfy the minimum standards of this title. 18.35.050 SAFE LAYOUT AND SITE DESIGN STANDARDS. A. Purpose. The intent of the following regulations is to promote safe design of multi-family developments by creating safe, defensible living environments through design which creates an environment that limits dark and hidden spaces, provides clear pedestrian connections between buildings and parking areas, allows for residents to take ownership of their living space and to provide an environment which police can adequately patrol. Creating developments where residents are safe is the paramount goal. In order to promote these goals, the following development standards shall apply. i. Buildings and site layouts shall meet the prescribed building and fire code requirements. ii. Multiple residential buildings on a site shall have a minimum separation of 40 feet. This dimension may be reduced to 20 feet when the narrow side of the buildings adjoin each other, provided that the buildings are oriented in a manner which does not align windows on one building with windows on another. iii. No detached parking garage may be located within 20 feet of a residential structure and may not be located closer to the front property line than the principal building. iv. Buildings with interior corridors shall be constructed with secure entryways. Secured entryways shall require that residents of the structure, either remotely or at the entry door to the building allow persons to enter the structure. v. Building entrances shall be constructed in a manner that provides a safe, inviting environment. A building entry shall not be hidden from view from the front of the building or from a parking area and shall not create dark, hidden spaces between the entry and a parking area. vi. Each exterior entry for an individual unit or entry into a larger building with corridors to individual units shall be provided with a light with a minimum 60-watt incandescent lamp which shall illuminate automatically at dusk and shall be dark during the daylight hours. Full cutoff fixtures shall be utilized whenever possible. vii. Buildings with garage/underground parking shall provide secured doors allowing only residents of the building to gain entry. viii. Pedestrian sidewalks providing connections (other than parking lots) between multiple buildings and other on-site amenities shall be provided. Said sidewalks shall be a minimum of five feet wide and designed to provide convenient pedestrian access. Public sidewalks may satisfy this requirement if deemed appropriate by the Site Plan Review Coordinator. ix. Site layouts should provide a logical system of building/street addressing or numbering to allow for easy access by emergency vehicles as determined by the Police Chief, Fire Inspector and the Site Plan Review Coordinator, jointly and/or severally. x. Sites with multiple buildings shall orient facades towards one another or towards common open areas and green spaces. Structures with individual garages for vehicles shall de-emphasize the garage through the building/site layout. xi. Lighting of parking areas shall meet the requirements of Section 18.34.050 except that the maximum average illumination may not exceed 5 footcandles and the maximum height for any parking lot light fixture shall be 18 feet. xii. Lighting of major walkways must be provided, either by residential style lights on the front facades, or by residential style and scale yard lamps. If more than one building is proposed on a site or multiple adjoining sites are proposed for building development, on-site sidewalk links shall be provided between buildings. xiii. Multiple buildings on a site are to be oriented in a manner which does not align windows on one building with windows on another. xiv. Slopes on a site shall not exceed a 4 to 1 ratio unless the natural topography of the site already exceeds such 4 to 1 slope. In that case, the slope shall not be disturbed. xv. All parking, sidewalks, plazas, patios, and any other hard surfaced site improvement shall comply with the standards of the Americans with Disabilities Act. Site design shall place a priority of convenience on pedestrian movements rather than motor vehicle movements. xvi. No driveway or paved vehicular surface may be located within 10 feet of any multiple family residential structure or within 5 feet of any property line. xvii. Projects developed as a single, unified project, which requires shared functional elements (drives, parking, pedestrian connections, etc) shall not be further divided to create separate fee-simple ownership, regardless of the ability of the subdivision plat or Certified Survey Map meeting the regulations of the Subdivision Regulations. Only developments approved as a Planned Unit Development and specifically designed for fee simple ownership shall be permitted to be divided for fee simple ownership. 18.35.060 SITE AMENITY STANDARDS. A. Purpose. The intent of the following regulations is to further the goal of providing additional amenities for residents within multi-family housing structures and complexes. Creating developments that provide amenities to improve the minimum living standards for those residents who reside in multi-family housing is paramount. As such, the following development standards shall apply. i. At least one five-foot wide sidewalk shall be provided between the primary entrance to any building and existing or planned public sidewalks, mid-block walkways, bike trails and parking areas. ii. All residential units shall be provided with a private open space of at least thirty-two (32) square feet in area. This can be accomplished through construction of a patio space or a balcony for an upper-story unit. iii. If more than one building is proposed on a site or multiple adjoining sites are proposed for building development, on-site sidewalk links shall be provided between buildings and amenities on a site. Said sidewalks shall be a minimum of five feet wide and designed to provide convenient pedestrian access. Public sidewalks may satisfy this requirement if deemed appropriate by the Site Plan Review Coordinator. iv All parking, sidewalks, plazas, patios, and any other hard surfaced site improvement shall comply with the standards of the Americans with Disabilities Act. v. Accommodations shall be made for bicycle access and parking. vi. vii. 18.35.070 If more than 50 units are to be developed on one site or adjoining sites, the site plan shall be reviewed by the Janesville Transit System (JTS) for consideration of creating a transit stop. If deemed necessary by JTS, a transit stop shall be constructed as part of the development or within the adjoining public right-of-way. Any such transit stop shall be connected to the development or site by an appropriate sidewalk. The cost and ongoing maintenance of any such transit stop shall be paid for by the developer and/or property owner. Multi-family developments containing more than 50 units either on a single lot or multiple lots shall include site amenities which are commensurate with the scale of the project in land area, number of units and the anticipated market for the project as listed below. The design of any such amenities shall be functional, inviting and compatible with the adjoining structures and uses. Such amenities include: · Porchlbalcony swings · Benches · Large patio/congregation areas · Playgrounds · Tennis/basketball courts · Clubhouses/Party or meeting room(s) · Site internal walkway systems and/or exercise trails · Indoor workout/weight training/aerobics space · Garden plots · Enhancement of stormwater detention facilities designed for and maintained as a site amenity MOTOR VEHICLE STANDARDS. A. Purpose. Impacts from motor vehicles and necessary parking for multi-family residential uses, especially large complexes can create significant impacts on surrounding uses, especially lower-density residential housing. In order to address the potential impacts from motor vehicles in multi- family developments, the following standards shall apply to multi-family residential development constructed under these regulations. i. Vehicle access for large multi-family residential development (over 200 units) is prohibited from a local residential street unless said point of access is within 500 feet of a Through or Connecting Arterial Street as enumerated in Chapter 10 of the J anesville Code of General Ordinances or, in the opinion of the City Engineer, said local street will eventually be classified as a Through or Connecting Arterial Street. ii. Off-Street parking and loading shall be as provided in Sections 18.32.070 and 18.32.080. Parking shall be provided for visitors, in excess of the required minimum number of parking spaces. Visitor parking shall be provided at a ratio of one parking space for every eight units. The required visitor parking space(s) cannot be assigned to an individual apartment unit. iii. Parking shall not be located in any front or corner side yard setback area. iv. If a structure includes over 30 units, at least 40 percent of the required parking shall be located within secured, underground parking. Such parking shall be located either underneath the structure or underneath a green area on the site. Building footprints shall not be significantly raised or stilted to accommodate parking underneath the structure. v. No driveway or paved vehicular surface may be located within 10 feet of any multiple family residential structure or within 5 feet of any property line. vi. Required parking provided in an enclosed garage cannot be separately leased to tenants. vii. Consideration shall be given to the use of non-reflective parking lot surfacing materials. viii. All parking lots, driveways and other paved surfaces shall be properly striped, marked and signed to adequately define parking stalls, drive lanes, turning movements, fire lanes, prohibited movements or parking and any other such instructions necessary to facilitate safe pedestrian and motor vehicle movement. All such markings shall be designed and installed to place priority on pedestrian movements rather than motor vehicle movement. ix. All pavement stripping, markings and signage shall be permanently maintained in order to provide for continual and safe pedestrian, bicycle and vehicle movements. x. Consideration shall be given to the use of best management practices for storm water run-off. The use of on-site retention, rainwater gardens and other mitigation methods or strategies designed to reduce off-site storm water run-off shall be incorporated into site development plans. All such proposals shall include management plans for anyon-site water storage. xi. For parking lots containing more than 25 stalls, poured in place concrete or equivalent curbing shall be installed in all high vehicle volume areas of the lot in order to define traffic movements, protect pavement edges and prevent disturbance or destruction of green areas and landscaping, to prevent erosion and to protect pedestrians. Said curbing shall be 6 inches tall and shall contain barrier free design facilities where necessary and appropriate. 18.35.080 SEVERABILITY. It is hereby declared to be the intention of the Common Council of the City of Janesville that the provisions of this ordinance are severable in accordance with the following: 1. If any court of competent jurisdiction shall adjudge any provision of this title to be invalid, such judgment shall not affect any other provision of this title not specifically included in the judgment. 2. If any court of competent jurisdiction shall adjudge invalid the application of any provision of this title to a particular property, building, or structure, such judgment shall not affect the application of said provision to any other property, building, or structure not specifically included in the judgment." Section Ill. This ordinance shall take effect immediately upon adoption by the Common Council, the public health, welfare, peace, tranquility, good order, public benefit, and police power so requiring. ADOPTED: October 25, 2004 Motion by: Steeber Second by: Williams Councilmember Aye Nay Pass Absent Wellnitz, Tim X Brien X Williams X Wellnitz, Tom X Steeber X DeGarmo X Addie X AP~? xt£ - ~It- Steven E. Sheiffer, City Manager APPROVED AS TO FO~. (j/4J t·" " City Attorney '- ¡ .';'1-0/ (;Lf , Proposed by: Prepared by: Planning Department Planning Department