---------------------------------------------------------------------- WORKING DRAFT OF PERFORMANCE CRITERIA BASED ON: NHOOD-PRE-BBSC-GROUP PROPOSED CHANGES OF SEP 30, 2002 and OCT 7, 2002 (files 093002perfcri-changes.txt and 100702perfcri-setbacks.txt, resp.) STAFF DRAFT OF PERFORMANCE CRITERIA OCT 8, 2002 (file /s/coderev/Big Box Review Subcommittee/Subcommittee Ordinance Drafts/ AltPerformancecriteriadraft2.doc) FRANK BANGS DRAFT OF PURPOSE AND PROCEDURE SECTIONS OF OCT 8, 2002 ---------------------------------------------------------------------- NOTE: an attempt is made to indicate changes from the staff draft of 10/8/02 with: (1) set off of new phrases with **.... ....** (2) description of changes and reason for them by a section deliminated by a full horizontal line (------), as above, and containing paragraphs headed by "NOTE:" or a similar flag word. In this draft, a section or subsection generally is begun on a new page, in order to make clear changes in the text from the staff draft of 10/9/02. There is minimal indentation of sections ala code format. Page ends are indicated, as below, because page ejects are not effected when a file is attached to an email and displayed inline. ---------------------------------------------------------------------- new page ---------------------------------------------------------------------- * * * TUCSON CODE, CHAPTER 23, LAND USE CODE * * * ARTICLE III. DEVELOPMENT REGULATIONS * * * DIVISION 5. PERFORMANCE CRITERIA * * * 3.5.9 RETAIL TRADE USE GROUP. * * * 3.5.9.7 Large Retail Establishments. Large Retail Establishments are subject to the following performance criteria, as a permitted use or as either a Type IV or Type V Administrative Special Exception Land Use, as indicated in the applicable zoning district. These performance criteria are established in order to appropriately mitigate impacts on surrounding areas and provide for enhanced building and site design. ---------------------------------------------------------------------- NOTE: should FB "Preamble" and "1. Purpose" be placed here, perhaps modified with some phrases to make suitable also as preamble for by-right and Type IV. ---------------------------------------------------------------------- new page ---------------------------------------------------------------------- [ IN ORDER TO SHORTEN THIS WORKING DRAFT BY ELIMINATING SECTIONS UNLIKELY TO SUFFER MAJOR CHANGES, DELETED Sections 3.5.9.7.A Large Retail Establishment - Permitted Use. AND 3.5.9.7.B Large Retail Establishment - Type IV Administrative Special Exception Land Use. ] ---------------------------------------------------------------------- new page ---------------------------------------------------------------------- 3.5.9.7.C Large Retail Establishments - Type V Administrative Special Exception Land Use. [added FB Preamble and Section 1. Purpose.] A LRE is permitted as a special exception land use. The decision to approve a LRE as a special exception land use is made by the Zoning Examiner in accordance with the Type V Administrative Procedure, LUC Sec. 5.4.3.5, subject to the following specific performance criteria: 1. Purpose. The LRE performance criteria recognize that a LRE because of its physical size and magnitude of economic activity, may negatively impact existing and future residential land uses and publilc infrastructure in the vicinity of a LRE. Consequently, the LRE performance criteria are intended to: a. Prevent or minimize negative impacts of a LRE on existing residential land uses or residentially-zoned undeveloped land, which by their proximity to the proposed LRE, are likely to be impacted by it. Those impacts are noise, light pollution, and interference with solar access and significant views. b. Prevent or minimize negative impacts of a LRE on public infrastructure in the vicinity of the proposed LRE, including streets, pedestrian ways, transit, and recreation facilities. c. Enhance the accessibility of the proposed LRE for pedestrians and transit users. d. Reduce the visual impact of a proposed LRE, in terms of its external scale and appearance in comparison with surrounding land uses as viewed from public streets and existing residential uses or residentially-zoned undeveloped land in the vicinty of the LRE, through architectural design, landscaping and site amenities. 2. Performance criteria. (for following: reorganize. reletter, renumber...) ---------------------------------------------------------------------- NOTE: substitute FB preamble and Section 1. Purpose for existing preamble for Type V, which is quoted below: Large Retail Establishments are subject to the following performance criteria. If one or more of the criteria cannot be met, the applicant may apply for the Special Exception Land Use process to be reviewed by the Zoning Examiner. The Zoning Examiner may grant modifications through this process for individual cases. The Zoning Examiner shall first determine that a special individual reason makes the strict compliance with the provisions of this Section impractical and that the modification requested, in conjunction with proposed mitigation measures for other performance criteria, is in conformance with the intent and purpose of this Code. The Zoning Examiner shall also determine that such modification to any performance criteria shall not create any undue hardship on adjacent or nearby residential development. NOTE: WRT FB "purpose", perhaps add to list of objectives several more that focus on the positive == enchancement, e.g.: E.g., IBNLT: * Enhance aesthetic and design qualities of the LRE and its surrounding site. * Enhance freedom for the developer to explore novel and site-specific solutions to design problems associated with mitigations of the impact of the LRE. * Allow significantly greater freedom for the developer if the LRE is located on a site distant from residential use or zoning. ---------------------------------------------------------------------- new page ---------------------------------------------------------------------- 3.5.9.7.C.A. Site Design and Relationship to Surrounding Community. [** new paragraph **] The Performance Criteria of this section shall apply to all structures and uses at the site, except where criteria are explicitly specified as applying only to LRE or only to non-LRE structures and uses. ---------------------------------------------------------------------- NOTE: one wants to be clear about this point - which clarity is lacking in the current code. ---------------------------------------------------------------------- new page ---------------------------------------------------------------------- 3.5.9.7.C.A.1. Site Characteristics. **Approval of a LRE on a site near or adjacent to residential use or residential zoning is associated with more restrictive performance criteria[ than those of preceding sections]. Siting of an LRE adjacent to historic districts or structures is to be { discouraged OR subject to special scrutiny OR ???? }.** a. The site containing the Large Retail Establishment is adjacent to a Historic Preservation Zone (HPZ), a National Register Historic District, or a property or structure individually listed on the National Register of Historic Places; or b. the adjacent property for a depth of less than five hundred (500) feet is zoned commercial (C-1 or less restrictive) and is not developed with residential uses, or is zoned industrial, or is residentially zoned, existing, dedicated right-of-way for roadway, freeway, railroad, or wash; or c. the adjacent property is zoned residential and is vacant or developed with residential uses. ---------------------------------------------------------------------- NOTE: the current language of this section is clear, perhaps, but does not convey much sense of purpose or expectation for what is to follow. The added lead sentences are to express this purpose. ---------------------------------------------------------------------- new page ---------------------------------------------------------------------- 3.5.9.7.C.A.2. Vehicular Access. Primary access **shall** be from an arterial street, as designated in the Major Streets and Routes (MS&R) Plan. ---------------------------------------------------------------------- NOTE: would not one agree it is likely we shall say the above shall that was should shall be shall .... ---------------------------------------------------------------------- new page ---------------------------------------------------------------------- 3.5.9.7.C.A.3. Setbacks. [START OF PROPOSED UNIFIED TREATMENT OF SETBACKS for LRE and non-LRE structures and uses:] [Setbacks for the LRE structures and associated uses have been considered at BBSC; those for non-LRE structures and uses have not been. Following section on setbacks is a proposed unified treatment of LRE and non-LRE structures and uses, essentially what we discussed earlier, modified to accord with 10/8/02 draft language.] a. Structures and Certain Associated Uses. On a site with a Large Retail Establishment, structures and their associated outdoor storage areas, trash collection areas, and delivery and loading spaces shall be setback from residentially zoned or residentially developed property, other than residentially zoned property that is dedicated right-of-way, a distance determined from Table XXX. Exception. A delivery or loading space may extend up to fifty (50) feet closer to residentially zoned or residentially developed property, other than residentially zoned property that is dedicated right-of-way, provided that a ten (10) foot high masonry wall is located **within fifty (50) feet of the structure and shields the truck circulation path and loading space from the adjacent property.** ---------------------------------------------------------------------- NOTE: attempted direct translation of section C.3.a.1 into unified format. REPLACED: "between the delivery or loading space and the adjacent property" with phrase locating wall in loading area and shielding truck route, i.e., the curtain wall concept we discussed at BBSC, and not the boundary wall. ---------------------------------------------------------------------- new page ---------------------------------------------------------------------- b. Delivery Truck Parking. In all zones, for parking of delivery trucks, there shall be a setback of three hundred fifty (350) feet from residentially zoned or residentially developed property, other than residentially zoned property that is dedicated right-of-way, unless a building shields the truck parking area from the adjacent property; and the setback shall be not less than two hundred fifty (250) feet. ---------------------------------------------------------------------- NOTE: deleted qualifier: "during nondelivery hours with motors and/or refrigeration/generators running". (1) Noise section more restrictive on hours of running of motors etc.; (2) want to restrict ALL parking of trucks to area(s) away from residential. Altered lower limit for parking area setback: less than implied by 10/7/02 proposed setbacks, greater than implied by 10/8/02 draft, and equal to minimal setback for shielded loading/delivery. ---------------------------------------------------------------------- new page ---------------------------------------------------------------------- c. Outdoor Sales Display/Ancillary Uses Associated With a Structure, Including Seasonal and Outdoor Temporary Display. In all zones, for outdoor sales display/ancillary uses associated with a Large Retail Structure, including seasonal and outdoor temporary display, **the use shall be oriented to face away from and** shall be setback fifty (50) feet more than the structure setback from residentially zoned or residentially developed property, other than residentially zoned property that is dedicated right-of-way, unless a building is located between the activity and the adjacent property; and the setback shall be not less than two hundred fifty (250) feet. ---------------------------------------------------------------------- NOTE: language not adjusted to discussion at 10/8/02 BBSCs, which it should be. Added as in 10/7/02 proposed unified setbacks: (1) phrase from current ordinance: "the use shall be oriented to face away from"; (2) lower limit on setback of 250 feet. The purpose is to shield adjacent residential from particularly intrusive uses. ---------------------------------------------------------------------- new page ---------------------------------------------------------------------- d. Structures with an intrusive principal use including but not limited to food sales, alcoholic beverage sales, automotive service and gas, entertainment, and swap meets. In all zones, structures with an intrusive principal use shall be setback not less than two hundred and fifty (250) feet. ---------------------------------------------------------------------- NOTE: the purpose is to shield adjacent residential from particularly intrusive uses, whatever the size of the structure. ---------------------------------------------------------------------- new page ---------------------------------------------------------------------- TABLE XXX MATRIX FOR DETERMINATION OF SETBACK AS A FUNCTION OF FOOTPRINT OF STRUCTURE FOR SITE WITH LRE AND WITH ADJACENT RESIDENTIAL NOT RIGHT-OF-WAY ----------------------------------------------------------------------------- ----------------------------------------------------------------------------- ZONE WHERE STRUCTURE LOCATED --------------------------------------------------------------- FOOTPRINT C-2,3 or more OCR-1, I-1, (ft2/1000) restrictive OCR-2, I-2 ----------------------------------------------------------------------------- .le. 25 125 ft 75 ft .le. 100 200 100 .le. 175 300 200 else 400 300 ----------------------------------------------------------------------------- ----------------------------------------------------------------------------- [END OF PROPOSED UNIFIED TREATMENT OF SETBACKS for LRE and non-LRE structures and uses.] ---------------------------------------------------------------------- new page ---------------------------------------------------------------------- 3.5.9.7.C.A.4. Buffers and Landscaping. a. Structures. 1. A landscape border having a minimum width of twenty (20) feet shall be located adjacent to the site property line where it adjoins a residentially zoned or residentially developed property, containing a minimum eight (8) foot high masonry wall located anywhere within the border. 2. The landscape border shall include shrubs and groundcover and canopy trees at twenty (20) to thirty (30) foot intervals, depending on the separation needed for the tree canopies to touch at maturity. **The project shall be responsible for maintenance of the landscape buffer.** 3. No other uses, such as, but not limited to, parking or storage, are permitted within the landscape border area. b. Outdoor Storage Areas. Outdoor storage areas shall be screened with a minimum eight (8) foot high masonry wall so that they are not visible from public streets, public sidewalks, internal pedestrian walkways, or adjacent residential properties. The screen shall be located at the edge of the outdoor storage area. Storage materials shall not be visible above the wall. c. Trash Collection Areas. Trash collection areas shall be screened with a minimum eight (8) foot high masonry wall so that they are not visible from public streets, public sidewalks, internal pedestrian walkways, or adjacent residential properties. The wall shall be located at the trash collection area, between the area and the adjacent conditions. d. Delivery and Loading Spaces. Delivery and loading areas shall be screened with a minimum ten (10) foot high masonry wall, measured from the loading dock floor elevation, so that they are not visible from public streets, public sidewalks, internal pedestrian walkways, or adjacent residentially zoned or residentially developed properties. The wall shall be located at the edge of the loading area, between the area and the adjacent conditions. ---------------------------------------------------------------------- NOTE: the draft ordinance has identical language for LRE and non-LRE; thus no separate a/b sections are needed unless language is changed; it appears to be reasonable to decide on unification of the basic buffer criteria. In 4.a.2 added phrase: "The project shall be responsible for maintenance of the landscape buffer." There should be a section on design/specifications for screen walls; perhaps in the "Aesthetic" block (one has inserted some proposed language as 3.5.9.7.C.A.14 (Screen Walls) below. ---------------------------------------------------------------------- new page ---------------------------------------------------------------------- 3.5.9.7.C.A.5. Hours of Operation. a. Trash Collection Areas. No trash may be removed between 4:00 p.m. and 9:00 a.m. **[qualifier deleted]** b. Delivery and Loading Spaces. If there is a residential use or residentially zoned property adjacent to the site, such operations shall not be permitted between 10:00 p.m. and 7:00 a.m. [** new paragraph **] c. Retail Sales. If there is a residential use or residentially zoned property adjacent to the site, no retail sales shall be permitted between 10:00 p.m. and 7:00 a.m. [** new paragraph **] d. Outdoor and Intrusive Uses. If there is a residential use or residentially zoned property adjacent to the site, no outdoor or intrusive uses shall be permitted between 10:00 p.m. and 7:00 a.m. ---------------------------------------------------------------------- DELETE qualifier from Trash Collection..: **as part of scheduled trash collection**. Qualifier makes no sense - unscheduled trash collection is just as intrusive and is likely not definable. Note that the El Con Ordinance does not have a qualifier. PROPOSED: hours limits on retail and on outdoor and intrusive uses (the latter as listed under setbacks-4). These two subsections, c. and d., are to force site-by-site addressing of problems associated with all-night or late-night operations. All-night/late-night operations are a particular red flag for neighborhoods - expectation (and reality) of different, active environment during time period when neighbors want most and are used to a quiet, inactive environment. Also, there is an expectation, difficult to address before the fact, of increased crime in adjacent nhoods owing to the attractive features of all-night/late-night food/liquor/entertainment operations. Nhoods recognize or can be brought to recognize, that all-night/late-night activity is to be expected on a site sufficient to hold an LRE and pads. Doing this requires compromise on where the activity is located and how it is shielded. Compromise would seem unlikely if there are no hours limits. ALTERNATIVE TO HOURS LIMITS: a setback penalty for late operation, and a stronger penalty for all-night operation; greater separation should mitigate acceptably. E.g.: All setbacks shall be increased by 100' for structures and associated uses for a business that operates after 10p.m., and increased by 200' for a business that operates after 1 a.m. ---------------------------------------------------------------------- new page ---------------------------------------------------------------------- 3.5.9.7.C.A.6. Enforcement. a. Ongoing Committee. **Immediately after approval of the application or plan, the Planning Director shall appoint a member of the City staff or other disinterested party to** establish a committee consisting of the owner/operator of the Large Retail Establishment, **neighbors (as noticed for expanded area A) and representatives of adjacent neighborhood or homeowners associations**, City staff, and other parties as necessary. The purpose of this committee is to monitor ongoing compliance with the conditions of the approval of the project. The committee shall be informed of any proposed changes to the approved plan. The committee shall meet as needed. **Records of the meetings shall be maintained and made available to the parties concerned.** b. Posting. The developer/owner of the property and the owner/operator of the Large Retail Establishment shall conspicuously post the phone numbers of the responsible parties to whom adjacent residents can report violations of Sec. 3.5.9.7. **A record of the violation reports shall be kept and distributed monthly to the members of the Ongoing Committee.** ---------------------------------------------------------------------- NOTE: (0) in (a) made establishment of the committee a function of City staff. (1) in (a) expanded "adjacent neigbors" to "neighbors (as noticed for expanded area A) and representatives of adjacent neighborhood or homeowners associations"; (2) added record keeping as: in (a) "Records of the meetings shall be maintained and made available to the parties concerned." in (b) "A record of these reports shall be kept and distributed monthly to the members of the Ongoing Committee." ---------------------------------------------------------------------- new page ---------------------------------------------------------------------- 3.5.9.7.C.A.7. Pedestrian Flows. a. Pedestrian Circulation. The project shall include a continuous on-site pedestrian circulation system connecting all public access areas of the project site and the pedestrian circulation system located in adjacent public streets. The system must provide direct pedestrian connections to the main entrances of stores, transit stops on- or off-site, and other buildings on the site and must include concrete sidewalks, except where asphalt is used at an intersection between a sidewalk and a parking area access lane (PAAL). Concrete sidewalks with a minimum width of eight (8) feet shall be provided along the full length of any building where it adjoins a parking lot. b. Connection to Adjacent Residential Neighborhoods. The project shall include convenient access to adjacent residential neighborhoods. c. Sidewalk Areas. Sidewalk areas within the pedestrian circulation system shall be a minimum of eight (8) feet in width and include a constructed concrete sidewalk with an unobstructed width of five (5) feet and an associated three (3) foot wide landscape strip for their entire length, except at intersections with parking area access lanes (PAALs). The landscaping shall include canopy trees or other shading devices to shade at least sixty-five (65) to seventy-five (75) percent of the sidewalks during the major part of the day. ---------------------------------------------------------------------- new page ---------------------------------------------------------------------- 3.5.9.7.C.A.8. Site Amenities. Pedestrian circulation ways shall be anchored by a minimum of two (2) design features, such as towers, arcades, porticos, light fixtures, planter walls, seating areas, and other architectural features, including outdoor plazas, patios, courtyards, and window shopping areas, that define pedestrian circulation paths and outdoor spaces. ---------------------------------------------------------------------- new page ---------------------------------------------------------------------- 3.5.9.7.C.A.9. Traffic Impacts. a. Traffic Impact Analysis. The applicant shall have a professional entity perform a Traffic Impact Analysis (TIA) report for the development using the Institute of Transportation Engineers' Trip Generation publication as the standard for trip generation calculation. The scope and criteria for the TIA report shall be approved by the Department of Transportation, prior to submittal of the TIA report. The TIA report shall identify traffic flow impacts on the public streets; recommend mitigation measures to address those conditions that fall below the standards established by the adopted regional Mobility Management Plan; and show how the applicant will provide the recommended improvements. The TIA report is applicable to a specific application. Any change to the specific proposed use of the site and buildings requires resubmittal, review, and approval of a revised TIA report. b. Parking Generation Report. The applicant may have a professional entity perform a parking generation report using the Institute of Transportation Engineers' Trip Generation publication, proposing the number of motor vehicle parking spaces required for the project, if different from the requirement in the Land Use Code (LUC), Sec. 3.3.4. The Mayor and Council may approve a parking requirement that supersedes the number required by Sec. 3.3.0, Motor Vehicle and Bicycle Parking Requirements, as part of their review process. The parking generation report shall be accepted by the Department of Transportation and the Planning Department, prior to the first public hearing. The parking generation report is applicable to a specific application. Any change to the specific proposed use of the site and buildings requires resubmittal, review, and approval of a revised parking generation report. c. On-Site Traffic Circulation. The project shall mitigate the impact of truck and motor vehicle traffic on adjoining residential neighborhoods. 1. Truck Circulation Route. The truck circulation route shall be at least **two hundred fifty (250)** feet from residentially zoned or residentially developed property, other than residentially zoned property that is dedicated right-of-way. 2. Surfacing. The truck circulation route shall be surfaced for sound attenuation. 3. PAAL Design. All other parking area access lanes (PAALs) shall be designed to discourage truck traffic or through traffic near neighborhood boundaries. 4. On-Site Separation. Design of all parking area access lane (PAALs) systems shall encourage separation of delivery trucks and motor vehicle customer traffic. [** new paragraph **] d. Overnight parking. Delivery trucks, recreational vehicles, trailers, boats, and mobile homes shall not be parked overnight. ---------------------------------------------------------------------- NOTE: added ban on overnight parking for trucks, transients and tourists The setback for truck circulation route is ???? ft; suggest 250 ft., the minimal setback of LRE loading area. ---------------------------------------------------------------------- new page ---------------------------------------------------------------------- 3.5.9.7.C.A.10. Outdoor Lighting. The applicant must submit a photometric plan and outdoor lighting report that provide information on how outdoor lighting is addressed to mitigate negative impacts on residential uses or residentially zoned properties. The report will also address the negative impacts of outdoor lighting between the hours of 10:00 p.m. and 7:00 a.m. on residential properties or zones and how they will be mitigated. Outdoor lighting between 10:00 p.m. and 7:00 a.m. shall be limited to low-pressure sodium lighting. [** new paragraphs **] All parking lot lighting shall be shielded and directed down and away from adjacent residential neighborhoods. The height of the parking lot lighting shall be the stair-stepped from approximately 14 feet within 150 feet of adjacent residential neighborhoods to a maximum 30 feet for the remainder of the property and shall be consistent with the landscape plan. All wall-mounted lighting on buildings shall be directed down and away from adjacent residential neighborhoods. ---------------------------------------------------------------------- NOTE: added sentences from El Con Agreement. Light intrusion is a major source of complaints from EEE residents. Standard specifications should be a helpful guide. ---------------------------------------------------------------------- new page ---------------------------------------------------------------------- 3.5.9.7.C.A.11. Noise Abatement. The applicant shall provide a noise mitigation plan indicating how the noise initiated by the land use will be mitigated to comply with noise regulations in Chapter 11 of the Tucson Code. [** altered paragraph **] Trucks and other vehicles, including, but not limited to, mobile homes, trailers, recreational vehicles, and vans, shall not be idling or running generators on site between the hours of 6:00 p.m. and 7:00 a.m. [** new paragraphs **] The noise levels measured at residential use property adjacent to the site shall be no greater than 45 dB(A) during the hours of 10 p.m. and 7 a.m. and no greater than 55 dB(A) between the hours of 7 a.m and 10 p.m. or shall be no greater than 10 dB(A) above ambient noise level for those time periods. The noise levels from devices, including, but not limited to, vehicle warning beepers, that emit impulse sounds or pure tones shall be no greater than a level determined to correspond to the averaged noise level of 55 db(A) measured at residential use property adjacent to the site during the hours of 7 a.m and 10 p.m., and such devices shall not be operated between the hours of 10 p.m. and 7 a.m. Screen walls designed for noise abatement shall be placed near the sources of sound to optimally protect adjacent residential use property from the impact of noise initiated by the land use. There shall be no outdoor loudspeakers at the site. ---------------------------------------------------------------------- NOTE: The daytime and evening noise levels are consistent with the presentation of Mr. Spendiarian and with the levels found in other ordinances (see table following). SUMMARY OF VARIOUS NOISE ORDINANCES: dba at residential property line alburquergue, nm greater of (50 dba or 10 dba > ambient) day night new hanover, nc 65 50 chapel hill, nc 50 45 el paso, tx 55 50 montgomery cty, md 65 55 berkely, ca 55 45 los angeles, ca 50 40 salt lake, ut 55 50 average of 8 codes above: 55.6 48.1 11.72 - tucson code for max permissible sound levels 70 62 pima county 65 55 ft. collins 55 50 (45 for big box, but//) ---------------------------------------------------------------------- new page ---------------------------------------------------------------------- [NEW Performance Criteria Section.] 3.5.9.7.C.A.12. Grade Differentials. A grade differential of more than three (3) feet between the site and adjacent residential use or residentially zoned property shall be mitigated by increasing the linear measurement of any setback or buffer associated with a structure on the site or with uses on the site associated with the structure, such as but not limited to, building setbacks, landscape buffers, outdoor storage, trash collection, delivery and loading, traffic circulation, outdoor display and sales, and position and height of outdoor lighting. The increase in linear measurement shall be according to the ratio: (grade differential + building height)/(building height). ---------------------------------------------------------------------- NOTE: The intent is to preserve mitigation of the scale and mass of structures on the site, to preserve mitigation of intrusive uses, and to preserve scenic views. ---------------------------------------------------------------------- new page ---------------------------------------------------------------------- [NEW Performance Criteria Section.] 3.5.9.7.C.A.13. Nonconforming Uses. A non-conforming use shall be phased out either in five (5) years or upon a change in the business associated with it. A non-conforming structure shall lose its non-conforming status in accordance with the provisions of Section 5.4.3.2. ---------------------------------------------------------------------- NOTE: Grandfathering, particularly if of an intrusive use, should be limited in time, e.g.: for uses such as outdoor display and sales, etc.; for structures such as a building located closer to the site boundary than the applicable setback distance of these Criteria, etc. ---------------------------------------------------------------------- new page ---------------------------------------------------------------------- [NEW Performance Criteria Section.] [This section might better be under "Aesthetics" following.] 3.5.9.7.C.A.14. Screen Walls. Screen walls, including boundary walls, shall be constructed with sound attenuation properties which substantially reduce the effect of sound on adjacent residential properties (including, but not limited to, split-face and fluted, minimum eight (8) inches thick and filled with sound attenuation material). Screen walls shall be capped to increase sound attenuation. Changes in wall height from one segment to another shall be stepped to provide visual continuity. For any wall over 3 feet in height and 75 feet in length, the wall alignment shall be varied with jogs, curves, notches, setbacks, or other similar architectural features. Screen walls shall be decorative on both sides. The project shall be responsible for maintenance of screen walls, including, but not limited to, removal of graffitti from both sides of the wall. ---------------------------------------------------------------------- NOTE: It seems sensible and Code-parsimonious to have a single Section describing the properties of screen walls, which are understood to include boundary walls. The first three paragraphs above are from the El Con conditions; the last three from other ordinances. ---------------------------------------------------------------------- new page ---------------------------------------------------------------------- [NEW Performance Criteria Section.] [Revision of Code affecting procedures.] 3.5.9.7.C.A.15. Pre-application Meetings. Meetings shall be as described in Sec. 5.4.5.2 and shall be additionally compliant with the following procedures: a. Meetings shall be chaired by the Monitor, who shall not be a party of interest and shall be appointed by the Planning Director. The applicant shall request that the Planning Director begin the process. The request should be at the initiation of planning by the applicant and shall be at least four months before submission of the application. b. Invited Participants shall include those to whom notice is provided according to Sec. 5.4.5.2 and others with the approval of the Monitor. c. The Monitor shall decide when to call a meeting, which may be at the request of the applicant, the Planning Director, or an Invited Participant, except that there shall be at least four open meetings that shall provide for testimony and questions from any interested party and that shall be be held at intervals of no less than one-month with the final open meeting at 1 to 2 weeks before the application is submitted. d. The Monitor shall be responsible for maintaining records of the meetings; the records shall be part of the application and shall be publicly accessible. ---------------------------------------------------------------------- NOTE: The purpose is to resolve conflicts expeditiously and creatively, by meetings between applicant and neighbors begun as early as possible in the planning process and before plans are in final form, ideally at the start of planning by the applicant. The first meeting should be at least 4 months prior to submittal of application, to allow for substantive discussions where this is possible, and to allow time for neighbors to learn the ropes and to stop pointless howling. For the same reasons, one pre-application meeting one month before submittal is too late and not enough. A disinterested party should be able guide the process and stop pointless venting more effectively than could either the applicant or one of the neighbors. A record of the meetings must be kept by a disinterested party; the Zoning Examiner should be empowered to make use of the records in reaching his decisions, including facts such as intractable neighbors, intransigent applicant. Disinterested party == Ombudsman == new position?? A series of open meetings ensures that all voices are heard, even if not listened to. And it ensures that groups are not played off against one another. Optional (but recommended) small meetings with invited participants only are to allow resolution of conflicts more effectively than within the framework of an open meeting. Results of such discussions should be reported at an open meeting. ---------------------------------------------------------------------- new page ---------------------------------------------------------------------- 3.5.9.7.C.B. Aesthetic Character of Buildings. 3.5.9.7.C.B.1. Facades and Exterior Walls Including Sides and Back. The Large Retail Establishment building shall be designed to reduce the massive scale and uniform appearance and to provide visual interest consistent with the community's identity, character, and scale. Long building walls shall be broken up with projections or recessions with depths of at least three (3) percent of the faade length along all sides of the building. a. Public Street Frontage. Along any public street frontage, the building design shall include windows, glass block, arcades, or awnings along at least sixty (60) percent of the building length. b. Sides and Back. Architectural treatment, similar to that provided to the street faade, shall be provided to the sides and rear of the building to mitigate any negative view from adjacent properties and/or streets. ---------------------------------------------------------------------- new page ---------------------------------------------------------------------- 3.5.9.7.C.B.2. Detail Features. The Large Retail Establishment shall include architectural features that contribute to visual interest at the pedestrian scale and reduce the massive aesthetic effect by breaking up the front, side, and rear building walls with color changes, texture changes, wall offsets, reveals, or projecting ribs. ---------------------------------------------------------------------- new page ---------------------------------------------------------------------- 3.5.9.7.C.B.3. Roofs and Parapets. The roof design of the Large Retail Establishment shall include variations in roof or parapet lines to add interest to, and reduce the massive scale of, the large building. Roof features shall complement the architectural and visual character of adjoining neighborhoods. Parapet walls shall be architecturally treated to avoid a plain, monotonous look. ---------------------------------------------------------------------- new page ---------------------------------------------------------------------- 3.5.9.7.C.B.4. Materials and Colors. a. Materials and colors shall be low reflective, subtle, neutral, or earth tone. Colors such as fluorescent or metallic shall not be used. Construction materials, such as concrete, smooth-faced concrete block, and other similar material, shall have textured finishes, such as paint, plaster, reveals, or other masonry veneers. Prefabricated steel panels shall not be used. b. The Large Retail Establishment building shall have exterior building materials and colors that are compatible with materials and colors that are used in adjoining residential neighborhoods. ---------------------------------------------------------------------- new page ---------------------------------------------------------------------- 3.5.9.7.C.B.5. Entryways. The building design of the Large Retail Establishment shall include design elements that provide clearly defined, highly visible customer entrances. ---------------------------------------------------------------------- new page ---------------------------------------------------------------------- 3.5.9.7.C.B.6. Screening of Mechanical Equipment. Mechanical equipment shall be screened to mitigate noise and views from all adjacent street frontages. a. Roof Mounted. Roof-mounted mechanical equipment shall be designed so as to not be visible at ground level from the primary access points on the adjacent rights-of-way, or from adjacent residential properties, and shall conform architecturally to the design of the building. A wood fence or similar treatment is not acceptable. b. Ground Mounted. Ground-mounted mechanical equipment shall be screened with a masonry wall of sufficient height to block the view and noise of the equipment. c. Exception. Where an elevated roadway is located adjacent to the development, roof-mounted mechanical equipment must be painted to match the color of the roof. ---------------------------------------------------------------------- new page ---------------------------------------------------------------------- 3.5.9.7.C.C. Development Review Board (DRB). All proposed Large Retail Establishments shall be reviewed by the Development Review Board (DRB) for recommendation to the Development Services Department (DSD) director, who will make a recommendation on whether it complies with the performance criteria. The DRB will base its recommendation on whether or not the project complies with the performance criteria related to compatibility, architecture, and site design, as provided in Sec. 3.5.9.7, where specific requirements are not provided. The applicant is responsible for providing all documentation and information necessary to show compliance, such as, but not limited to, site plans, building elevations, landscaping plans, floor plans, and outdoor lighting photometry plan.