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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 05/01/2018 - FIRST READING OF ORDINANCE NO. 063, 2018, MAKING VAgenda Item 9 Item # 9 Page 1 AGENDA ITEM SUMMARY May 1, 2018 City Council ITEM WITHDRAWN FROM CONSIDERATION AND MOVED TO MAY 15, 2018 STAFF Ted Shepard, Chief Planner Judy Schmidt, Legal SUBJECT First Reading of Ordinance No. 063, 2018, Making Various Amendments to the City of Fort Collins Land Use Code. EXECUTIVE SUMMARY The purpose of this item is to adopt a variety of revisions, clarifications and additions to the Land Use Code that are generally housekeeping and routine in nature that have been identified since the last update in May 2017. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION The Land Use Code was first adopted in March 1997. Subsequent revisions have been recommended on a regular basis to make changes, additions, deletions and clarifications that have been identified since the last update. The proposed changes are offered to resolve implementation issues and to continuously improve both the overall quality and “user-friendliness” of the Code. CITY FINANCIAL IMPACTS One of the proposed changes would add five new uses that would be allowed within an L-M-N Neighborhood Center. These additions allow the Land Use Code to respond to current market trends and further enable economic activity. BOARD / COMMISSION RECOMMENDATION At its April 19, 2018 meeting, the Planning and Zoning Board considered the proposed revisions and voted unanimously to recommend approval of the package of Land Use Code revisions. PUBLIC OUTREACH All of the proposed changes have been discussed and refined in conjunction with the Planning and Zoning Board at its various work sessions during the latter part of 2017 and the early part of 2018. In addition, the proposed revisions were listed on “This Week in Development Review,” the weekly online notice that is posted on the website and sent to approximately 835 subscribers. Staff presented the proposed revisions to the Fort Collins Area Chamber of Commerce Local Legislative Affairs Committee. The proposed changes were also forwarded to members of the Development Review Advisory Committee. The items were noted on the “Agenda” notice for the April Planning and Zoning Board public hearing, and then post-hearing, listed again under “Recent Outcomes.” Agenda Item 9 Item # 9 Page 2 ATTACHMENTS 1. Land Use Code Issues List (PDF) 2. Annotated Issues Summary (PDF) 3. Annotated Ordinance Index (PDF) ATTACHMENT 1 Annotated Issue List Land Use Code Maintenance Process 1064 Amend 3.1.1 - Applicability - Article Three General Development Standards - to clarify that these standards do not apply to single family detached dwellings on platted lots and adds clarity for existing development. The problem is that there is a lack of clarity as to the applicability of Article Three. The General Development Standards are not intended to apply to existing single family dwellings on platted lots in existing developments. Any additions or changes to these dwellings may proceed directly to a Building Permit application. Article Three, however, does apply to applications for subdivision plats or replats that may, or may not, include single family detached dwellings. The proposed revision clarifies the distinction between existing single family detached dwellings and plats or replats that may include such dwellings. Problem Statement Proposed Solution Overview Related Code Revisions Ord. Section Code Cite Revision Effect 6 3.1.1 1065 Amend 3.2.1(E )(I)(J) - Water Conservation, Landscaping & Equipment - to update various regulations for irrigation systems including revised definitions. Much of the wording and definitions in this section are not clear or well defined. Plant Materials section is poorly worded and lacks a timeline for Plant List updates. Also, it does not appoint a process for approval for plants not on the list. Plants listed in the hydrozone definitions may not be appropriate to our area. The commercial developments outside of the City’s water service still need to comply with the landscape and irrigation standards. We no longer use the SWAT testing technology to approve a “smart controller”. A rain sensor does not make a controller comply with our “smart” controller standards. Irrigation contractors are installing Variable Arc Nozzles (VANS) in areas where standard nozzle can be used and it’s compromising the efficiency of the irrigation system. Add a section to the nozzle (f) requirements. If a property fails the field tests of minimum requirements for water efficiency, there’s no direction as next steps to take to achieve positive results. The proposed solution is update, clarify, correct and re-word these sections to reflect current conditions and technologies. Problem Statement Proposed Solution Overview Related Code Revisions Ord. Section Code Cite Revision Effect 7 3.2..1[E](3) 8 3.2.1(I)(2) 9 3.2.1(J)(2) 10 3.2.1(J)(3)(b)3. 11 3.2.1(J)(3)(b)4. Thursday, April 12, 2018 Page 1 of 13 ATTACHMENT 2 12 3.2.1(J)(3)(b)5.f. 13 3.2.1(J)(3)[e] 87 5.1.2 1066 Amend 3.2.2(C)(4)(b) – Bicycle Parking Space Requirements - Enclosed Bicycle Parking – to further allow only those locations that are convenient for the bicyclist (no balconies) and amend the definition. The current definition of Enclosed Bicycle Parking is open to interpretation. Some recent projects have enclosed bicycle parking that requires carrying a bicycle up stairs and carrying the bike through a unit to get to the enclosed bicycle parking space located on a balcony. Recently, a multi-family housing project was appealed because balconies above the ground floor of the building are not convenient to walkways and entrances and should not count towards meeting the enclosed bicycle parking requirements. Council concurred with this assessment and requested a code change. The proposed solution is to preclude bike parking on balconies and clarify the definition. Problem Statement Proposed Solution Overview Related Code Revisions Ord. Section Code Cite Revision Effect 14 3.2.2[C](4)(b) 83 5.1.2 1067 Amend 3.2.5 – Trash and Recycling Enclosures – to update and clarify standards to properly size enclosures to accommodate various end-users and the expected number, type and size of containers. (Includes composting, cooking oil.) The current Code section is in need of updating and enhanced specificity. The City’s Neighborhood Enforcement Team, Code Compliance Officers and Zoning Inspectors have, over the last several years, discovered numerous problems with enclosures that are too small, difficult to access for both users and haulers and do not account for new regulations that prohibit cardboard from being tossed into the waste stream. Problems also occur when the size of the enclosures and size and number of containers are not matched up with the materials produced. This is especially the case with multi-tenant commercial buildings where the needs of the tenants change over time. In addition, with the recent adoption of the 2016 – 2017 Community Recycling Ordinance, compostable materials from supermarkets are required to be diverted from the landfill and it is expected that future businesses will be added to this category. Finally, with the relatively new trend of student-oriented, mid-rise apartment buildings, problems have been discovered that effectively discourage reduce recycling rates. A variety of proposed Code changes are recommended that address the following: •Standards to apply to single family attached dwellings that use a communal waste collection system. •Add references to include compostable materials and waste cooking oil. •Add references to returnable crates, containers, pallets, etc. Problem Statement Proposed Solution Overview Thursday, April 12, 2018 Page 2 of 13 •Require door-less, hands-free entry, ensure maneuverability within the enclosure and the pairing of waste and recycle containers. •Require unobstructed access to the enclosure and the containers, fully operational gates, concrete service pads and other maneuvering specifications. •Signage identifying waste streams to minimize cross-contamination. •For multi-family structures utilizing trash chutes, comparable facilities for recyclable materials are required. Related Code Revisions Ord. Section Code Cite Revision Effect 17 3.2.5(A) 1068 Amend 3.3.2(E)(1)(e) – Required Improvements Prior to Issuance of Certificate of Occupancy – to update the certification of stormwater facilities to reference other techniques associated with low impact development. The problem is that the certification of stormwater facilities out of date and has not kept pace with current standards and procedures. The proposed solution is to update the section to reflect current practices. Problem Statement Proposed Solution Overview Related Code Revisions Ord. Section Code Cite Revision Effect 18 3.3.2([E](1)[e] 1069 Amend 3.5.2(E)(5) – Maximum Size of Detached Accessory Buildings – to clarify that for lots larger than one acre, accessory buildings may exceed the existing maximum of 2,500 square feet but not to exceed to 6% of the lot area. Currently, the size of maximum size of a detached accessory building is based on lot area and capped in the following manner: •Lots less than 20,000 square feet:800 square feet; •Lots between 20,000 square feet and one acre:1,200 square feet; •Lots larger than one acre:2,500 square feet. Over the last several years, the City has annexed areas that are characterized by large lots, parcels developed under the County’s FA-1 zoning, and properties having a semi-rural and agricultural areas character. Generally, upon annexation, these parcels are placed in the following zone districts: •R-U-LRural Lands District; •U-EUrban Estate; •R-FResidential Foothills District. The City now finds that our zoning covers a wider range of lot sizes and this section has not kept pace with the changing conditions. In researching the origin of this standard, it was found that the standard was first put in place to address the concern of lager accessory Problem Statement Thursday, April 12, 2018 Page 3 of 13 buildings on lots 10,000 square feet or less. This standard was later amended for lots larger than 10,000 square feet because the Zoning Board of Appeals approved several variance requests. With an increased number of parcels greater than one acre in size, and with the need to accommodate semi-rural and agricultural properties, there is a need to allow larger accessory buildings without the need for a variance. The proposed code revision is to allow accessory buildings on lots greater than one acre to be larger than 2,500 but only up to 6% of the lot size. For a one acre lot, the maximum size would be 26,136 square feet. Proposed Solution Overview Related Code Revisions Ord. Section Code Cite Revision Effect 19 3.5.2(E)(5) 1070 Amend 3.8.13(C)(9) – Wireless Telecommunication Equipment – to delete specific lighting references and simply refer to the requirements of Section 3.2.4. This standard dates back to the City’s implementation of the requirements of the 1996 Federal Communications Act that pre-empted municipalities from prohibiting the installation of a wireless telephone system. The concern, at that time, was the lighting of Wireless Telecommunications Facilities would be too bright especially near neighborhoods. This was at a time when the choice of light sources was generally limited to either high pressure sodium or metal halide. Now, with the advent of other energy efficient lighting sources, and the proposed revisions to the Site Lighting section of the Land Use Code, requiring a specific illumination source is obsolete. The proposed solution is delete the requirement for high pressure sodium and concealing the source of illumination and simply refer to the lighting section of the code. Problem Statement Proposed Solution Overview Related Code Revisions Ord. Section Code Cite Revision Effect 20 3.8.13(C)(9) 1071 Amend 3.8.17(C) – Building Height – Exemptions From Building Height Regulations – to include Structures Associated with Occupied Roofs as one of the features that would be exempt from the height requirements. Includes a new definition. Due to continued low vacancy rates, we are seeing student-oriented multi-family projects, usually organized on an assemblage of parcels near campus, in zone districts that allow four and five stories. And, because land area is at a premium, the amenity features for these projects typically include rooftop improvements such as pools, decks, raised planters, outdoor furniture, shade structures, snack bars, televisions, and other clubhouse- like elements. The problem is that the occupied stories below the roof deck fully achieve the allowable maximum height and the rooftop features, if counted as a story, would exceed the zone district allowance. The proposed solution is to avoid confusion and clarify the standard to specifically exclude the rooftop amenity features as a story. Instead, these amenities would be defined as Structures Associated with Occupied Roofs and be specifically restricted to be considered nor resemble an additional story of a building. Such structures would be limited to a maximum of 25% of roof area. A new definition would be added. Not Problem Statement Proposed Solution Overview Thursday, April 12, 2018 Page 4 of 13 counting Structures Associated with Occupied Roofs is consistent with the definition of Story per the International Building Code, Chapter 2. Related Code Revisions Ord. Section Code Cite Revision Effect 21 3.8.17[C] 98 5.1.2 1072 Amend Section 3.8.30(A)(C) - General Development Standard – Multi-Family Development Standards – to add Single Family Attached and to address issues associated with providing access to parks, central features or outdoor gathering places. There are a number of design issues related to Single Family Attached Dwellings (townhomes on individual lots) with regard to the following: •connecting walkways •visitor parking •number of units per structure •lot coverage and size of building footprint •size of front yard/porch and size of rear yard/patio •access to unit from alley in the form of person doors •landscaping along the alley (especially between driveways) •and the amount of and quality of outdoor common area or outdoor gathering space. The problem is that development and building trends have evolved since the adoption of the Land Use Code resulting Single Family Attached Dwellings ceasing to become distinguishable from low-rise Multi-Family Dwellings. The recent trend is that these types of projects are getting larger in scale. For example: Mountain’s Edge – 106 units Thorell Park – 166 units Trailhead Townhomes – 89 units Staff is concerned that with the increasing number of units per building and lack of outdoor space, townhome development is taking on characteristics that were not anticipated. For some projects, the scale results in a residential development that is closer to being considered Multi-Family. This lack of distinction diminishes the quality and characteristics of Single Family Attached housing as a unique housing type that is intended to enrich the mix and diversity of housing within neighborhoods. At this time, the focus is making sure that there are qualitative (between 2 and 5 acres) and quantitative (over 5 acres) attributes associated with the outdoor gathering area for single family attached development. By adding Single Family Attached dwellings to be covered by the outdoor gathering standard in Section 3.8.30(C), these types of development, Single Family Attached developments will continue to fulfill their role in the continuum of housing types as being distinctive from all others. The proposed solution is to add Single Family Attached to the Purpose and Applicability statement Section 3.8.30 and to Access to a Park, Central Feature or Gathering Place in cases where there is no outdoor gathering space on a per lot basis. Problem Statement Proposed Solution Overview Related Code Revisions Ord. Section Code Cite Revision Effect Thursday, April 12, 2018 Page 5 of 13 22 3.8.30(A)[C] 1073 Amend 3.8.30(F)(1) – Design Standards for Multi-Family Buildings – to clarify the standard that requires a 25-foot setback from existing single and two-family dwellings. The problem is that the title of the standard for required single family buffer yards slightly obfuscates it. The standard does not involve ‘orientation’. The standard leaves out the word ‘minimum’. The proposed revision clarifies the language of the standard. Problem Statement Proposed Solution Overview Related Code Revisions Ord. Section Code Cite Revision Effect 23 3.8.30(F)(1) 1074 Amend Article Four – Zone Districts – Wireless Telecommunication Equipment – to move the current review process from either Type One review or Type Two review to Basic Development Review (B.D.R.) Wireless Telecommunication Equipment (W.T.E.) is, by definition, a co-location on an existing structure, tower, or other appurtenance. W.T.E.’s are a separately defined land use and are intentionally differentiated it from Wireless Telecommunications Facilities which are typically a free-standing tower. These two land uses, and their definitions, were created as a result of 1996 Federal Communications Act. W.T.E. was placed under Type One and Two review procedures across the various zones. Generally, the assignment to the various zones as either a Type One or Two review was to encourage co-located equipment to be first considered versus a new free-standing tower. For this reason, W.T.E. is a Type One review on x number of zones. This process incentive, however, is removed where W.T.E. is designated as a Type Two review in x number of zones. After the initial adoption of the federal legislation, the impacts and effects of installing W.T.E. was an unknown. But, now that 21 years have passed, and working with the industry on numerous and various applications for both equipment and towers, Staff has found that the simple co-location of equipment is a relatively benign exercise. Placing equipment on existing buildings or towers does not generate a public impact that merits review by either the Administrative Hearing Officer or the P & Z Board. Based on what we have learned since 1996 about W.T.E., staff finds that such installations are equal to other permitted uses that are also subject to Basic Development Review. The proposed solution is to amend the Article Four permitted use lists to move Wireless Telecommunications Equipment from either Type One Administrative Review or from Type Two Planning and Zoning Board review, to Basic Development Review so as to be processed and reviewed at the staff level without a public hearing. This occurs in 24 zones. Problem Statement Proposed Solution Overview Related Code Revisions Ord. Section Code Cite Revision Effect Thursday, April 12, 2018 Page 6 of 13 24 4.1(B)(1)(a) 25 4.1(B)(3)(d) 26 4.2(B)(1)(a) 27 4.2(B)(3)[e](2) 28 4.3(B)(1)[a] 29 4.3(B)(3)(d) 30 4.4(B)(1)(b) 31 4.4(B)(3)[e] 32 4.5(B)(1)(a) 35 4.5(B)(3)(f) 39 4.6(B)(1)(a) 40 4.6(B)(3)[e] 41 4.7(B)(1)[b) 42 4.7(B)(3)(d) 44 4.8(B)(1)(d) 45 4.8(B)(3)[e] 47 4.9(B)(1)(d) 48 4.9(B)(3)[e] 49 4.10(B)(1)(a) 50 4.10(B)3)[e] 51 4.13(B)(1)(a) 52 4.13(B)(2)[c] 53 4.14(B)(1)(a) 54 4.14(B)(3)(d) 55 4.16(B)(1)(a) 56 4.16(B)(2) 57 4.17(B)(1)(a) 59 4.17(B)(2)[e] 60 4.18(B)(1)(a) 61 4.18(B)(2)[e] 62 4.19(B)(1)(a) 64 4.19(B)(2)[e] 65 4.20(B)(1)(a) 66 4.20(B)(2)[e] 67 4.21(B)(1)(a) 68 4.21(B)(2) 69 4.22(B)(1)(a) 71 4.22(B)(2)[e] 72 4.23(B)(1)(a) 73 4.23(B)(2)[e] 74 4.24(B)(1)(a) 76 4.26(B)(1)(a) 77 4.26(B)(2)[e] Thursday, April 12, 2018 Page 7 of 13 78 4.27(B)(1)(a) 79 4.27(B)(2)[e] 80 4.28(B)(1)(a) 82 4.28(B)(2)[e] 1075 Amend 4.5(B)(2)&(3) – L-M-N Neighborhood Centers – to add five new permitted uses, dog day care, music studio, micro distillery/brewery/winery, health and membership club grocery store (5,000-45,000 square feet). Since 1997 with original City Plan and the adoption of the Land Use Code, most of the Low Density Mixed-Use Neighborhoods (LMN) development projects over 40 acres in size that included a Neighborhood Center have not met the full intent of City Plan for a destination featuring a mix of neighborhood serving uses as a focal point for the neighborhood. The lack of non-residential / retail components in these centers may be market driven by financial challenges and the need to be at two arterial streets. While the LUC includes a range of permitted uses and requires a neighborhood center for larger LMN projects, most developments simply meet minimum requirements and do not achieve a truly successful neighborhood destination with supporting services. The list of permitted uses for a LMN Neighborhood Center provides flexibility for including a range of neighborhood-oriented retail, office, personal service shops, clinics and recreational uses that are intended to serve the immediate needs of residents in the area. Most neighborhood centers typically include a pool and recreation building and adjacent park or convenience store with gas, without any neighborhood supporting non- residential / retail uses. Other Neighborhood Centers have sat vacant for many years. A convenience store with gas reflects services for a larger market beyond the immediate neighborhood. The Seneca neighborhood center in southwest Fort Collins is an example of a center that provides a range of supporting uses including retail, office and clinics as part of the mix. Recently staff has seen requests for other potential uses for Neighborhood Centers that are not currently permitted such as a vet clinic and pet day care facilities. Staff has assessed these proposed uses, along with a few others, that meet the overall intent for inclusion in an LMN Neighborhood Center and could potentially result in more vibrant centers. The proposed revision is to add five new uses to the LMN neighborhood center. Problem Statement Proposed Solution Overview Related Code Revisions Ord. Section Code Cite Revision Effect 33 4.5(B)(2)[c]3. 34 4.5(B)(3)[c]1. 37 4.5(D)(3)[c] 1076 Amend LMN 4.5(D)(2)(a) – Mix of Housing – to lower the threshold for requiring a mix of housing types from 20 acres to 15 acres and that two types are required. Retains the no less than 5% and no more than 80% ratio. The underlying policy basis to establishing the threshold for requiring three housing types Problem Statement Thursday, April 12, 2018 Page 8 of 13 in the L-M-N zone district is found in City Plan under Principle LIV 28, Policy LIV 28.3 Mix of Housing Types (L-M-N). The fundamental objective is to establish neighborhoods that provide a variety of housing for a diversity of people and to discourage isolated pockets of any one particular housing type. The industry trend among major homebuilders is specialization. Lot sizes, product lines, model variety, price points, floor plans and upgrade packages are specifically formulated to appeal to a specific, targeted demographic. This business model is supported by financial institutions that seek to minimize risk. As a community with a solid economic base, a major university, significant public investment in public goods and services combined with a comfortable year-round climate, Fort Collins has attracted national- scaled homebuilders for decades. The result is annual growth rates that range from 1% to 2.5%. The problem is that the residential development industry is highly segmented and that our neighborhoods run the risk of becoming individual pod-like developments versus fully integrated neighborhoods. City Plan’s Principles and Policies are intended to address industry trends so that residents from all socio-economic groups have an opportunity to reside in any section of our City. At times, this is referred to as attainable housing where the objective is to provide opportunity for teachers, first responders, plumbers, etc. to reside in all sectors of the City. Based on trying to implement City Plan Principles and Policies, staff is finding that 20 acres of one housing type results in neighborhoods that lack broad opportunities for a variety housing types. The proposed solution is to lower the acreage threshold for requiring a mix of housing types from 20 to 15 acres and require two types at that level. The ratio of having no less than 5% of one and no greater than 80% of another would be retained. Does not preclude providing more than two types. Proposed Solution Overview Related Code Revisions Ord. Section Code Cite Revision Effect 36 4.5(D)(2)(a) 1077 Amend LMN 4.5(D)(8) – Independent Living Facility to increase the maximum allowable gross floor area of the independent dwelling units from 25% to 50% of the total campus and move the standard out of definitions and into the LMN standards. A.Definition: There are four sub-definitions under Long Term Care Facility. The sub-definition for Independent Living Facility is numerically capped at as having no more than 25% of the total gross floor area devoted to independent living units which we define as units with kitchens. The concern when this definition was written was that these Independent Living Facilities would become more like multi-family instead of like institutional care. The problem is that the 25% cap does not recognize a new trend in the industry to provide “Continuing Care” where active seniors move onto the campus and start out in the independent living unit. Then, as time goes on and an increased level of care is now needed, the active seniors then move into Assisted Living which is generally characterized by a smaller room without a kitchen. Under this model, the seniors stay on campus and are guaranteed a full-care room but only when needed. This relieves the family of Problem Statement Thursday, April 12, 2018 Page 9 of 13 worrying whether or not a care slot is available on the campus with which they are familiar and near their loved ones. The other problem is that with the 25% cap in the definition, we have a density metric that cannot be modified. In the last few months, we have been approached by two Continuing Care providers that have brought this issue to our attention indicating that our definitions have not kept pace with the times. B.Zoning: The other problem is that since the independent living units have kitchens, they must be counted towards density metrics. Long Term Care Facilities are allowed in the L-M-N. But, in the L-M-N, density is capped and cannot exceed 9 d.u./a (or 12 d.u./a in a single phase but not to exceed 9.00 overall). Also, individual buildings are capped and cannot exceed 12 units per building and 14,000 square feet. The issue is that even though L.T.C. Independent Living Facility is a permitted use in the L-M-N, it is difficult to achieve compliance given the new trends in the industry. The proposed solution is to revise the sub-definition Independent Living with an expanded definition that allows for the Continuing Care model. This would reflect the new trend in the industry and remove the 25% cap out of the definition and move it into the L-M-N zone where it becomes a standard that is eligible for a modification. Other terms such as Rehabilitation Facility and Memory Care and Assisted Living would be added as well in order to be semantically consistent with trends in the industry Proposed Solution Overview Related Code Revisions Ord. Section Code Cite Revision Effect 38 4.5(D)(8) 1078 Amend 4.7 – NCL zone and 4.8 – NCM zone – to clarify that the standards related to total allowable floor area on individual lots include Carports and add a definition for Carports as a detached accessory building In the NCL and NCM, allowing redevelopment of older houses and properties is carefully regulated in order preserve neighborhood character. There are extensive regulations that have been crafted over the decades with public significant public outreach that seek to balance competing objectives. One aspect that escaped scrutiny thus far has to do with the size of carports. Carports have not been addressed to date because, in most cases, they are perceived as somewhat benign and innocuous. That is, until now. In the last year, staff has received requests for large carports and even one request for a large carport with a roof deck. Carports can have significant impacts on privacy and abutting property in a manner that is inconsistent with the purposes of the development standards in these two zone districts. Given that the same compatibility issues that gave rise to the current standards for carriage houses and accessory buildings with habitable space are also applicable to large carports, the lack of regulations is a loophole that needs to be closed. The proposed solution is to include a specific reference to carports in the standards that regulate total floor area and the floor area on the rear one-half of the lot. Carports would be listed and defined as a detached or attached accessory building. Therefore, the first Problem Statement Proposed Solution Overview Thursday, April 12, 2018 Page 10 of 13 250 feet, would be exempt from the floor area consistent with the current exemption for other detached accessory buildings like garages. A new definition for Carport will be added. Related Code Revisions Ord. Section Code Cite Revision Effect 43 4.7(D)(2)(b) 46 4.8(D)(2)(b) 84 5.1.2 1079 Amend 4.17 RDR, 4.19 CCN, 4.22 CS, 4.24 CL and 4.28 I zone districts to add two new uses that reflect State authorization for two new types of marijuana licenses. As the marijuana industry continues to develop, the Land Use Code will need to be updated. The State has recently approved two types of licenses, Medical Marijuana Research and Development Facility and Medical Marijuana Research and Development Cultivation. The City Council also approved these licenses types. These new licenses are strictly for research and development. The marijuana grown and marijuana products produced will not be sold. These two new licenses are similar to other approved uses. The proposed solution is to amend the Land Use Code to allow these two new licenses as permitted uses in Zone districts that already allow the growing and producing of marijuana and marijuana products. Problem Statement Proposed Solution Overview Related Code Revisions Ord. Section Code Cite Revision Effect 58 4.17(B)(1)(g) 63 4.19(B)(1)(g) 70 4.22(B)(1)(g) 75 4.24(B)(2) 81 4.28(B)(1)(f) 90 5.1.2 91 5.1.2 92 5.1.2 93 5.1.2 94 5.1.2 95 5.1.2 96 5.1.2 97 5.1.2 99 5.1.2 100 5.1.2 1080 Amend 5.1.2 – Definition of Indoor Kennel – to allow dogs outdoors between 8:00 am and 5:00 pm to work with Dog Day Care. Dog Day Care and Indoor Kennel are permitted uses in the Land Use Code. In six zone districts, both uses are permitted. These two uses usually work together and a customer Problem Statement Thursday, April 12, 2018 Page 11 of 13 will apply to have both an indoor kennel and a dog day care on the same property. The issue is the Indoor Kennel does not allow the animals to be outside and the Dog Day Care does allow for animals to be outside. Additionally, Indoor Kennel does permit for overnight stays and Dog Day Care do not allow for overnight stay. The current restriction has been in the code for decades and was crafted before the onset of Dog Day Care. The proposed solution is to amend the definitions of indoor kennel to allow dogs outdoor during 8am-5pm like the dog day care. Proposed Solution Overview Related Code Revisions Ord. Section Code Cite Revision Effect 88 5.1.2 1081 Amend 5.1.2 Definition of Long Term Care Facility and 4 sub-definitions. The problem is that the existing definitions have not kept current with trends in the industry. The proposed solution is to update the definitions. Problem Statement Proposed Solution Overview Related Code Revisions Ord. Section Code Cite Revision Effect 89 5.1.2 1082 Amend 3.2.2(C)(5) - Walkways - to address internal private walkways that are otherwise not needed for A.D.A. compliance to be unobstructed by vertical curbs, raised landscape islands or other elements that restrict access. Because of the emphasis placed on providing opportunities for walking and biking that go above and beyond the minimum requirements the Americans With Disabilities Act, our commercial centers, business parks and multi-family housing developments now feature multiple, private walkways for on-site and off-site connections. Recently, however, a number of these walkways were found to either not have ramps at the curb cuts or were encumbered by raised landscape islands. In order to remove any ambiguity that even though there is already compliance with A.D.A., all walkways must be unobstructed. The proposed solution is to add language that makes it clear that, even after compliance with A.D.A. is achieved, all other private walkways must be unobstructed. Problem Statement Proposed Solution Overview Related Code Revisions Ord. Section Code Cite Revision Effect 15 3.2.2(C)(5) 1083 Amend 1.4.3(E), 2.1.1, 2.13.3 , 5.1.2 - to update the references to Director, Departments and delete outdated references and add two definitions. The problem is that the early versions of the Code referenced specific departments such as Community Planning and Environmental Services that no longer exist due to various reorganizations over time. Also, the Storm Drainage Utility has been renamed to the Problem Statement Thursday, April 12, 2018 Page 12 of 13 Stormwater Utility. Finally, the term Director is found to have broad meaning and is more practical to put into the Code since all Directors in the City have the ability to delegate authority. Update the Code to reflect the current organization and utilize the term Director. Proposed Solution Overview Related Code Revisions Ord. Section Code Cite Revision Effect 2 1.4.3[E] 3 2.1.1 4 2.2.1 52.13.3 16 3.2.4(D)(6) 85 5.1.2 86 5.1.2 Thursday, April 12, 2018 Page 13 of 13 Monday, April 23, 2018 Page 1 of 12 Land Use Code Revisions Annotated Ordinance Index Ord. Section # Code Cite Revision Effect Issue 2 1.4.3[E] Deletes an obsolete reference. 1083 Amend 1.4.3(E), 2.1.1, 2.13.3 , 5.1.2 - to update the refereces to Director, Departments and delete outdated references and add two definitions. 3 2.1.1 Replaces an obsolete reference with Director. 1083 Amend 1.4.3(E), 2.1.1, 2.13.3 , 5.1.2 - to update the refereces to Director, Departments and delete outdated references and add two definitions. 4 2.2.1 Replaces obsolete references with current terms. 1083 Amend 1.4.3(E), 2.1.1, 2.13.3 , 5.1.2 - to update the refereces to Director, Departments and delete outdated references and add two definitions. 5 2.13.3 Deletes an obsolete reference. 1083 Amend 1.4.3(E), 2.1.1, 2.13.3 , 5.1.2 - to update the refereces to Director, Departments and delete outdated references and add two definitions. 6 3.1.1 Clarifies the overall applicability of Article 3. 1064 Amend 3.1.1 - Applicability - Article Three General Development Standards - to clarify that these standards do not apply to single family detached dwellings on platted lots and adds clarity for existing development. 7 3.2.1(E)(3) Updates various aspects associated with irrigation systems. 1065 Amend 3.2.1(E )(I)(J) - Water Conservation, Landscaping & Equipment - to update various regulations for irrigation systems including revised definitions. 8 3.2.1(I)(2) 1065 Amend 3.2.1(E )(I)(J) - Water Conservation, Landscaping & Equipment - to update various regulations for irrigation systems including revised definitions. ATTACHMENT 3 Monday, April 23, 2018 Page 2 of 12 Ord. Section # Code Cite Revision Effect Issue 9 3.2.1(J)(2) 1065 Amend 3.2.1(E )(I)(J) - Water Conservation, Landscaping & Equipment - to update various regulations for irrigation systems including revised definitions. 10 3.2.1(J)(3)(b)3. 1065 Amend 3.2.1(E )(I)(J) - Water Conservation, Landscaping & Equipment - to update various regulations for irrigation systems including revised definitions. 11 3.2.1(J)(3)(b)4. 1065 Amend 3.2.1(E )(I)(J) - Water Conservation, Landscaping & Equipment - to update various regulations for irrigation systems including revised definitions. 12 3.2.1(J)(3)(b)5.f. 1065 Amend 3.2.1(E )(I)(J) - Water Conservation, Landscaping & Equipment - to update various regulations for irrigation systems including revised definitions. 13 3.2.1(J)(3)[e] 1065 Amend 3.2.1(E )(I)(J) - Water Conservation, Landscaping & Equipment - to update various regulations for irrigation systems including revised definitions. 14 3.2.2[C](4)(b) Balconies cannot count as bike parking spaces. 1066 ,Amend 3.2.2(C)(4)(b) – Bicycle Parking Space Requirements - Enclosed Bicycle Parking – to further allow only those locations that are convenient for the bicyclist (no balconies) and amend the definition. 15 3.2.2(C)(5) Clarifies that intenral walkways cannot be obstructed. 1082 Amend 3.2.2(C)(5) - Walkways - to address internal private walkways that are otherwise not needed for A.D.A. compliance to be unobstructed by vertical curbs, raised landscape islands or other elements that restrict access. 16 3.2.4(D)(6) Deletes an obsolete reference. 1083 Amend 1.4.3(E), 2.1.1, 2.13.3 , 5.1.2 - to update the refereces to Director, Departments and delete outdated references and add two definitions. 17 3.2.5(A) Updates regulations of trash and recycling containers and enclosures. 1067 ,Amend 3.2.5 – Trash and Recycling Enclosures – to update and clarify standards to properly size enclosures to accommodate various end-users and the expected number, type and size of containers. (Includes composting, cooking oil.) Monday, April 23, 2018 Page 3 of 12 Ord. Section # Code Cite Revision Effect Issue 18 3.3.2([E](1)[e] Adds low impact development techniques to the Certification. 1068 ,Amend 3.3.2(E)(1)(e) – Required Improvements Prior to Issuance of Certificate of Occupancy – to update the certification of stormwater facilities to reference other techniques associated with low impact development. 19 3.5.2(E)(5) For lots larger than 1 acre, adds a sliding scale for size of accessory buildings. 1069 ,Amend 3.5.2(E)(5) – Maximum Size of Detached Accessory Buildings – add a sliding scale so that for lots larger than one acre, accessory buildings may exceed the existing maximum of 2,500 square feet but not to exceed to 6% of the lot area. 20 3.8.13(C)(9) Deletes lighting specifications from W.T.E. standards. 1070 ,Amend 3.8.13(C)(9) – Wireless Telecommunication Equipment – to delete specific lighting references and simply refer to the requirements of Section 3.2.4. 21 3.8.17[C] Exempts Occupied Roofs from counting as a story and adds standards. 1071 ,Amend 3.8.17(C) – Building Height – Exemptions From Building Height Regulations – to include Structures Associated with Occupied Roofs as one of the features that would be exempt from the height requirements. Includes a new definition. 22 3.8.30(A)[C] Adds Single Family Attached to multi-family open space standards. 1072 Amend Section 3.8.30(A)(C) - General Development Standard – Multi-Family Development Standards – to add Single Family Attached and to address issues associated with providing access to parks, central features or outdoor gathering places. 23 3.8.30(F)(1) Clarifies wording of the standard. 1073 Amend 3.8.30(F)(1) – Design Standards for Multi- Family Buildings – to clarify the standard that requires a 25-foot setback from existing single and two-family dwellings. 24 4.1(B)(1)(a) Moves W.T.E. to Basic Development Review process. 1074 ,Amend Article Four – Zone Districts – Wireless Telecommunication Equipment – to move the current review process from either Type One review or Type Two review to Basic Development Review (B.D.R.) 25 4.1(B)(3)(d) 1074 ,Amend Article Four – Zone Districts – Wireless Telecommunication Equipment – to move the current review process from either Type One review or Type Two review to Basic Development Review (B.D.R.) 26 4.2(B)(1)(a) 1074 ,Amend Article Four – Zone Districts – Wireless Telecommunication Equipment – to move the current review process from either Type One review or Type Two review to Basic Development Review (B.D.R.) Monday, April 23, 2018 Page 4 of 12 Ord. Section # Code Cite Revision Effect Issue 27 4.2(B)(3)[e](2) 1074 ,Amend Article Four – Zone Districts – Wireless Telecommunication Equipment – to move the current review process from either Type One review or Type Two review to Basic Development Review (B.D.R.) 28 4.3(B)(1)[a] 1074 ,Amend Article Four – Zone Districts – Wireless Telecommunication Equipment – to move the current review process from either Type One review or Type Two review to Basic Development Review (B.D.R.) 29 4.3(B)(3)(d) 1074 ,Amend Article Four – Zone Districts – Wireless Telecommunication Equipment – to move the current review process from either Type One review or Type Two review to Basic Development Review (B.D.R.) 30 4.4(B)(1)(b) 1074 ,Amend Article Four – Zone Districts – Wireless Telecommunication Equipment – to move the current review process from either Type One review or Type Two review to Basic Development Review (B.D.R.) 31 4.4(B)(3)[e] 1074 ,Amend Article Four – Zone Districts – Wireless Telecommunication Equipment – to move the current review process from either Type One review or Type Two review to Basic Development Review (B.D.R.) 32 4.5(B)(1)(a) 1074 ,Amend Article Four – Zone Districts – Wireless Telecommunication Equipment – to move the current review process from either Type One review or Type Two review to Basic Development Review (B.D.R.) 33 4.5(B)(2)[c]3. Adds 3 new uses to Type One LMN Neighborhood Center. 1075 Amend 4.5(B)(2)&(3) – L-M-N Neighborhood Centers – to add five new permitted uses, dog day care, music studio, micro distillery/brewery/winery, health and membership club grocery store (5,000-45,000 square feet). 34 4.5(B)(3)[c]1. Adds 2 new uses to Type Two LMN Neighborhood Center. 1075 Amend 4.5(B)(2)&(3) – L-M-N Neighborhood Centers – to add five new permitted uses, dog day care, music studio, micro distillery/brewery/winery, health and membership club grocery store (5,000-45,000 square feet). 35 4.5(B)(3)(f) 1074 ,Amend Article Four – Zone Districts – Wireless Telecommunication Equipment – to move the current review process from either Type One review or Type Two review to Basic Development Review (B.D.R.) Monday, April 23, 2018 Page 5 of 12 Ord. Section # Code Cite Revision Effect Issue 36 4.5(D)(2)(a) Requires 2 housing types between 15 and 20 acres in 1076 ,Amend LMN 4.5(D)(2)(a) – Mix of Housing – to LMN. lower the threshold for requiring a mix of housing types from 20 acres to 15 acres and that two types are required. Retains the no less than 5% and no more than 80% ratios. 37 4.5(D)(3)[c] Adds 5 new uses to the standards for an LMN 1075 Amend 4.5(B)(2)&(3) – L-M-N Neighborhood Centers Neighborhood Center. – to add five new permitted uses, dog day care, music studio, micro distillery/brewery/winery, health and membership club grocery store (5,000-45,000 square feet). 38 4.5(D)(8) Increases the maximum floor area and moves from 1077 ,Amend LMN 4.5(D)(8) – Independent Living Facility - Definitions to LMN standards. to increase the maximum allowable gross floor area of the independent dwelling units from 25% to 50% of the total campus and move the standard out of definitions and into the LMN standards. 39 4.6(B)(1)(a) 1074 ,Amend Article Four – Zone Districts – Wireless Telecommunication Equipment – to move the current review process from either Type One review or Type Two review to Basic Development Review (B.D.R.) 40 4.6(B)(3)[e] 1074 ,Amend Article Four – Zone Districts – Wireless Telecommunication Equipment – to move the current review process from either Type One review or Type Two review to Basic Development Review (B.D.R.) 41 4.7(B)(1)[b) 1074 ,Amend Article Four – Zone Districts – Wireless Telecommunication Equipment – to move the current review process from either Type One review or Type Two review to Basic Development Review (B.D.R.) 42 4.7(B)(3)(d) 1074 ,Amend Article Four – Zone Districts – Wireless Telecommunication Equipment – to move the current review process from either Type One review or Type Two review to Basic Development Review (B.D.R.) 43 4.7(D)(2)(b) Adds Carports as accessory buildings in NCL 1078 ,Amend 4.7 – NCL zone and 4.8 – NCM zone – to clarify that the standards related to total allowable floor area on individual lots include Carports and add a definition for Carports as a detached accessory building 44 4.8(B)(1)(d) 1074 ,Amend Article Four – Zone Districts – Wireless Telecommunication Equipment – to move the current review process from either Type One review or Type Two review to Basic Development Review (B.D.R.) Monday, April 23, 2018 Page 6 of 12 Ord. Section # Code Cite Revision Effect Issue 45 4.8(B)(3)[e] 1074 ,Amend Article Four – Zone Districts – Wireless Telecommunication Equipment – to move the current review process from either Type One review or Type Two review to Basic Development Review (B.D.R.) 46 4.8(D)(2)(b) Adds Carports as accessory buildings in NCM 1078 ,Amend 4.7 – NCL zone and 4.8 – NCM zone – to clarify that the standards related to total allowable floor area on individual lots include Carports and add a definition for Carports as a detached accessory building 47 4.9(B)(1)(d) 1074 ,Amend Article Four – Zone Districts – Wireless Telecommunication Equipment – to move the current review process from either Type One review or Type Two review to Basic Development Review (B.D.R.) 48 4.9(B)(3)[e] 1074 ,Amend Article Four – Zone Districts – Wireless Telecommunication Equipment – to move the current review process from either Type One review or Type Two review to Basic Development Review (B.D.R.) 49 4.10(B)(1)(a) 1074 ,Amend Article Four – Zone Districts – Wireless Telecommunication Equipment – to move the current review process from either Type One review or Type Two review to Basic Development Review (B.D.R.) 50 4.10(B)3)[e] 1074 ,Amend Article Four – Zone Districts – Wireless Telecommunication Equipment – to move the current review process from either Type One review or Type Two review to Basic Development Review (B.D.R.) 51 4.13(B)(1)(a) 1074 ,Amend Article Four – Zone Districts – Wireless Telecommunication Equipment – to move the current review process from either Type One review or Type Two review to Basic Development Review (B.D.R.) 52 4.13(B)(2)[c] 1074 ,Amend Article Four – Zone Districts – Wireless Telecommunication Equipment – to move the current review process from either Type One review or Type Two review to Basic Development Review (B.D.R.) 53 4.14(B)(1)(a) 1074 ,Amend Article Four – Zone Districts – Wireless Telecommunication Equipment – to move the current review process from either Type One review or Type Two review to Basic Development Review (B.D.R.) Monday, April 23, 2018 Page 7 of 12 Ord. Section # Code Cite Revision Effect Issue 54 4.14(B)(3)(d) 1074 ,Amend Article Four – Zone Districts – Wireless Telecommunication Equipment – to move the current review process from either Type One review or Type Two review to Basic Development Review (B.D.R.) 55 4.16(B)(1)(a) 1074 ,Amend Article Four – Zone Districts – Wireless Telecommunication Equipment – to move the current review process from either Type One review or Type Two review to Basic Development Review (B.D.R.) 56 4.16(B)(2) 1074 ,Amend Article Four – Zone Districts – Wireless Telecommunication Equipment – to move the current review process from either Type One review or Type Two review to Basic Development Review (B.D.R.) 57 4.17(B)(1)(a) 1074 ,Amend Article Four – Zone Districts – Wireless Telecommunication Equipment – to move the current review process from either Type One review or Type Two review to Basic Development Review (B.D.R.) 58 4.17(B)(1)(g) Adds new marijuana related uses in River Downtown 1079 Amend 4.17 RDR, 4.19 CCN, 4.22 CS, 4.24 CL and Redevelopment zone. 4.28 I zone districts to add two new uses that reflect State authorization for two new types of marijuana licenses. Includes amending and adding definitions. 59 4.17(B)(2)[e] 1074 ,Amend Article Four – Zone Districts – Wireless Telecommunication Equipment – to move the current review process from either Type One review or Type Two review to Basic Development Review (B.D.R.) 60 4.18(B)(1)(a) 1074 ,Amend Article Four – Zone Districts – Wireless Telecommunication Equipment – to move the current review process from either Type One review or Type Two review to Basic Development Review (B.D.R.) 61 4.18(B)(2)[e] 1074 ,Amend Article Four – Zone Districts – Wireless Telecommunication Equipment – to move the current review process from either Type One review or Type Two review to Basic Development Review (B.D.R.) 62 4.19(B)(1)(a) 1074 ,Amend Article Four – Zone Districts – Wireless Telecommunication Equipment – to move the current review process from either Type One review or Type Two review to Basic Development Review (B.D.R.) Monday, April 23, 2018 Page 8 of 12 Ord. Section # Code Cite Revision Effect Issue 63 4.19(B)(1)(g) Adds new marijuana related uses in the Community Commercial North College zone. 1079 Amend 4.17 RDR, 4.19 CCN, 4.22 CS, 4.24 CL and 4.28 I zone districts to add two new uses that reflect State authorization for two new types of marijuana licenses. Includes amending and adding definitions. 64 4.19(B)(2)[e] 1074 ,Amend Article Four – Zone Districts – Wireless Telecommunication Equipment – to move the current review process from either Type One review or Type Two review to Basic Development Review (B.D.R.) 65 4.20(B)(1)(a) 1074 ,Amend Article Four – Zone Districts – Wireless Telecommunication Equipment – to move the current review process from either Type One review or Type Two review to Basic Development Review (B.D.R.) 66 4.20(B)(2)[e] 1074 ,Amend Article Four – Zone Districts – Wireless Telecommunication Equipment – to move the current review process from either Type One review or Type Two review to Basic Development Review (B.D.R.) 67 4.21(B)(1)(a) 1074 ,Amend Article Four – Zone Districts – Wireless Telecommunication Equipment – to move the current review process from either Type One review or Type Two review to Basic Development Review (B.D.R.) 68 4.21(B)(2) 1074 ,Amend Article Four – Zone Districts – Wireless Telecommunication Equipment – to move the current review process from either Type One review or Type Two review to Basic Development Review (B.D.R.) 69 4.22(B)(1)(a) 1074 ,Amend Article Four – Zone Districts – Wireless Telecommunication Equipment – to move the current review process from either Type One review or Type Two review to Basic Development Review (B.D.R.) 70 4.22(B)(1)(g) Adds new marijuana related uses in the Service 1079 Amend 4.17 RDR, 4.19 CCN, 4.22 CS, 4.24 CL and Commercial zone. 4.28 I zone districts to add two new uses that reflect State authorization for two new types of marijuana licenses. Includes amending and adding definitions. 71 4.22(B)(2)[e] 1074 ,Amend Article Four – Zone Districts – Wireless Telecommunication Equipment – to move the current review process from either Type One review or Type Two review to Basic Development Review (B.D.R.) Monday, April 23, 2018 Page 9 of 12 Ord. Section # Code Cite Revision Effect Issue 72 4.23(B)(1)(a) 1074 ,Amend Article Four – Zone Districts – Wireless Telecommunication Equipment – to move the current review process from either Type One review or Type Two review to Basic Development Review (B.D.R.) 73 4.23(B)(2)[e] 1074 ,Amend Article Four – Zone Districts – Wireless Telecommunication Equipment – to move the current review process from either Type One review or Type Two review to Basic Development Review (B.D.R.) 74 4.24(B)(1)(a) 1074 ,Amend Article Four – Zone Districts – Wireless Telecommunication Equipment – to move the current review process from either Type One review or Type Two review to Basic Development Review (B.D.R.) 75 4.24(B)(2) Adds new marijuana related uses in the Limited 1079 Amend 4.17 RDR, 4.19 CCN, 4.22 CS, 4.24 CL and Commercial zone. 4.28 I zone districts to add two new uses that reflect State authorization for two new types of marijuana licenses. Includes amending and adding definitions. 76 4.26(B)(1)(a) 1074 ,Amend Article Four – Zone Districts – Wireless Telecommunication Equipment – to move the current review process from either Type One review or Type Two review to Basic Development Review (B.D.R.) 77 4.26(B)(2)[e] 1074 ,Amend Article Four – Zone Districts – Wireless Telecommunication Equipment – to move the current review process from either Type One review or Type Two review to Basic Development Review (B.D.R.) 78 4.27(B)(1)(a) 1074 ,Amend Article Four – Zone Districts – Wireless Telecommunication Equipment – to move the current review process from either Type One review or Type Two review to Basic Development Review (B.D.R.) 79 4.27(B)(2)[e] 1074 ,Amend Article Four – Zone Districts – Wireless Telecommunication Equipment – to move the current review process from either Type One review or Type Two review to Basic Development Review (B.D.R.) 80 4.28(B)(1)(a) 1074 ,Amend Article Four – Zone Districts – Wireless Telecommunication Equipment – to move the current review process from either Type One review or Type Two review to Basic Development Review (B.D.R.) Ord. Section # Code Cite Revision Effect Issue Monday, April 23, 2018 Page 10 of 12 81 4.28(B)(1)(f) Adds new marijuana related uses in the Industrial zone. 1079 Amend 4.17 RDR, 4.19 CCN, 4.22 CS, 4.24 CL and 4.28 I zone districts to add two new uses that reflect State authorization for two new types of marijuana licenses. Includes amending and adding definitions. 82 4.28(B)(2)[e] 1074 ,Amend Article Four – Zone Districts – Wireless Telecommunication Equipment – to move the current review process from either Type One review or Type Two review to Basic Development Review (B.D.R.) 83 5.1.2 Amends the definition of Enclosed Bicycle Parking. 1066 ,Amend 3.2.2(C)(4)(b) – Bicycle Parking Space Requirements - Enclosed Bicycle Parking – to further allow only those locations that are convenient for the bicyclist (no balconies) and amend the definition. 84 5.1.2 Adds a new definition for Carports. 1078 ,Amend 4.7 – NCL zone and 4.8 – NCM zone – to clarify that the standards related to total allowable floor area on individual lots include Carports and add a definition for Carports as a detached accessory building 85 5.1.2 Adds a new definition for Department. 1083 Amend 1.4.3(E), 2.1.1, 2.13.3 , 5.1.2 - to update the refereces to Director, Departments and delete outdated references and add two definitions. 86 5.1.2 Amends the definition of Director. 1083 Amend 1.4.3(E), 2.1.1, 2.13.3 , 5.1.2 - to update the refereces to Director, Departments and delete outdated references and add two definitions. 87 5.1.2 Amends the definition of Hydrozone. 1065 Amend 3.2.1(E )(I)(J) - Water Conservation, Landscaping & Equipment - to update various regulations for irrigation systems including revised definitions. 88 5.1.2 Amends the definition of Indoor Kennel. 1080 ,Amend 5.1.2 – Definition of Indoor Kennel – to allow dogs outdoors between 8:00 am and 5:00 pm to work with Dog Day Care. 89 5.1.2 Amends the 4 sub-definitions of Long Term Care Facility. 1081 Amend 5.1.2 Definition of Long Term Care Facility and 4 sub-definitions. 90 5.1.2 Adds a new definition for Marijuana Products. 1079 Amend 4.17 RDR, 4.19 CCN, 4.22 CS, 4.24 CL and 4.28 I zone districts to add two new uses that reflect State authorization for two new types of marijuana licenses. Includes amending and adding definitions. Ord. Section # Code Cite Revision Effect Issue Monday, April 23, 2018 Page 11 of 12 91 5.1.2 Amends the definition of Medical Marijuana Center. 1079 Amend 4.17 RDR, 4.19 CCN, 4.22 CS, 4.24 CL and 4.28 I zone districts to add two new uses that reflect State authorization for two new types of marijuana licenses. Includes amending and adding definitions. 92 5.1.2 Amends the definition of Medical Marijuana Infused 1079 Amend 4.17 RDR, 4.19 CCN, 4.22 CS, 4.24 CL and Products Manufacturer. 4.28 I zone districts to add two new uses that reflect State authorization for two new types of marijuana licenses. Includes amending and adding definitions. 93 5.1.2 Adds a new definition of Medical Marijuana Research and 1079 Amend 4.17 RDR, 4.19 CCN, 4.22 CS, 4.24 CL and Development Cultivation. 4.28 I zone districts to add two new uses that reflect State authorization for two new types of marijuana licenses. Includes amending and adding definitions. 94 5.1.2 Adds a new definition of Medical Marijuana Research and 1079 Amend 4.17 RDR, 4.19 CCN, 4.22 CS, 4.24 CL and Development Facility. 4.28 I zone districts to add two new uses that reflect State authorization for two new types of marijuana licenses. Includes amending and adding definitions. 95 5.1.2 Adds a new definition of Medical Marijuana Testing 1079 Amend 4.17 RDR, 4.19 CCN, 4.22 CS, 4.24 CL and Facility. 4.28 I zone districts to add two new uses that reflect State authorization for two new types of marijuana licenses. Includes amending and adding definitions. 96 5.1.2 Amends the definition of Retail Marijuana Store. 1079 Amend 4.17 RDR, 4.19 CCN, 4.22 CS, 4.24 CL and 4.28 I zone districts to add two new uses that reflect State authorization for two new types of marijuana licenses. Includes amending and adding definitions. 97 5.1.2 Amends the definition of Retail Marijuana Testing Facility. 1079 Amend 4.17 RDR, 4.19 CCN, 4.22 CS, 4.24 CL and 4.28 I zone districts to add two new uses that reflect State authorization for two new types of marijuana licenses. Includes amending and adding definitions. 98 5.1.2 Adds a new definition for Structures Associated with 1071 ,Amend 3.8.17(C) – Building Height – Exemptions Occupied Roofs. From Building Height Regulations – to include Structures Associated with Occupied Roofs as one of the features that would be exempt from the height requirements. Includes a new definition. 99 5.1.2 Amends the definition of Warehouse. 1079 Amend 4.17 RDR, 4.19 CCN, 4.22 CS, 4.24 CL and 4.28 I zone districts to add two new uses that reflect State authorization for two new types of marijuana licenses. Includes amending and adding definitions. Ord. Section # Code Cite Revision Effect Issue Monday, April 23, 2018 Page 12 of 12 100 5.1.2 Amends the definition of Wholesale Distribution. 1079 Amend 4.17 RDR, 4.19 CCN, 4.22 CS, 4.24 CL and 4.28 I zone districts to add two new uses that reflect State authorization for two new types of marijuana licenses. Includes amending and adding definitions. -1- ORDINANCE NO. 063, 2018 OF THE COUNCIL OF THE CITY OF FORT COLLINS MAKING VARIOUS AMENDMENTS TO THE CITY OF FORT COLLINS LAND USE CODE WHEREAS, on December 2, 1997, by its adoption of Ordinance No. 190, 1997, the City Council enacted the Fort Collins Land Use Code (the "Land Use Code"); and WHEREAS, at the time of the adoption of the Land Use Code, it was the understanding of staff and the City Council that the Land Use Code would most likely be subject to future amendments, not only for the purpose of clarification and correction of errors, but also for the purpose of ensuring that the Land Use Code remains a dynamic document capable of responding to issues identified by staff, other land use professionals and citizens of the City; and WHEREAS, since its adoption, City staff and the Planning and Zoning Board have continued to review the Land Use Code and identify and explore various issues related to the Land Use Code and have now made new recommendations to the Council regarding certain issues that are ripe for updating and improvement; and WHEREAS, the City Council has determined that the recommended Land Use Code amendments are in the best interests of the City and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That Section 1.4.3(E) of the Land Use Code is hereby amended to read as follows: . . . (E) Official Record. The Director shall maintain an official record of all interpretations in the Community Planning and Environmental Services Department. Such official record shall be available for public inspection during normal business hours. . . . Section 3. That Section 2.1.1 of the Land Use Code is hereby amended to read as follows: 2.1.1 - Decision Maker and Administrative Bodies The City Council, Planning and Zoning Board, Zoning Board of Appeals and Community Planning and Environmental Services Director (the "Director")Director are frequently referenced in this Land Use Code. Reference should be made to Chapter 2 of the City Code for descriptions -2- of these and other decision makers and administrative bodies, and their powers, duties, membership qualifications and related matters. . . . Section 4. That Section 2.2.1 of the Land Use Code is hereby amended to read as follows: 2.2.1 - Step 1: Conceptual Review/Preliminary Design Review (A) Conceptual Review: (1) Purpose. Conceptual review is an opportunity for an applicant to discuss requirements, standards and procedures that apply to his or her development proposal. Major problems can be identified and solved during conceptual review before a formal application is made. Representatives of the Community Planning and Environmental Services, Community ServicesDepartment, Poudre Fire Authority, Police Services, Water & Wastewater UtilityUtilities, Electric Utility, Storm DrainageStormwater Utility, Building and Zoning Department and Cultural, Library and Recreation Services, regularly attend conceptual review meetings and other departments as appropriate, and special districts where applicable. . . . (B) Preliminary Design Review: (1) Purpose. Preliminary design review is an opportunity for an applicant to discuss requirements, standards, procedures, potential modifications of standards or variances that may be necessary for a project and to generally consider in greater detail the development proposal design which has been evaluated as a part of the conceptual review process. While the conceptual review process is a general consideration of the development proposal, preliminary design review is a consideration of the development proposal in greater detail. Problems of both a major and minor nature can be identified and solved during the preliminary design review before a formal application is made. Representatives of the Community Planning and Environmental Services, Community ServicesDepartment, Poudre Fire Authority, Police Services, Water and Wastewater UtilityUtilities, Electric Utility, Storm DrainageStormwater Utility, Building and Zoning Department, and Cultural, Library and Recreation Services regularly attend preliminary design review meetings and other departments as appropriate, and special districts where applicable. Additionally, other public or quasi-public agencies which may be impacted by the development project are invited and encouraged to attend the preliminary design review. These agencies may include the gas utility, water and/or wastewater utility -3- districts, ditch companies, railroads, cable television service providers and other similar agencies. . . . Section 5. That Section 2.13.3 of the Land Use Code is hereby amended to read as follows: 2.13.3 - Application An Application for vested rights determination or takings determination shall be submitted to the dDirector of community planning and environmental services (the "director") in the form established by the director. an application fee in the amount of two thousand five hundred dollars ($2,500.00) per application (i.e., $2,500.00 for vested rights, $2,500.00 for takings, whichever is applied for) shall accompany and be part of the application. the application shall, at a minimum, include: . . . Section 6. That Section 3.1.1 of the Land Use Code is hereby amended to read as follows: 3.1.1 Applicability All development applications and building permit applications shall comply with the applicable standards contained in divisions 3.1 through 3.9, except that single-family detached dwellings and extra occupancy rental houses on platted lots that are subject only to building permit review basic development review under article 4, as well as any accessory buildings, structures and accessory uses associated with such single-family dwellings and extra occupancy rental houses, need to comply only with: (a) the standards contained in article 4 for the zone district in which such uses are located; (b) the standards contained in division 3.8; and (c) with respect to extra occupancy rental houses, the standards contained in section 3.2.2(k)(1)(j). Existing Development. In addition to the foregoing, this Land Use Code shall continue to also apply to ongoing the use of land in a completed development following development to the extent that the provisions of this land use code can be reasonably and logically interpreted as having such ongoing application. Section 7. That Section 3.2.1(E)(3) of the Land Use Code is hereby amended to read as follows: 3.2.1 Landscaping and Tree Protection (3) Water Conservation . To the extent reasonably feasible, all landscape plans shall be designed to incorporate water conservation materials and techniques in order -4- to comply with each of the Xeriscape landscaping principles listed below. Xeriscape landscaping principles do not include or allow artificial turf or plants, mulched (including gravel) beds or areas without landscape plant material, paving of areas not required for walkways, plazas or parking lots, bare ground, weed covered or infested surfaces or any landscaping that does not comply with the standards of this section. (a) Xeriscape landscaping principles are as follows: 1. Design. Identify zones of different water requirements and group plants together that have similar water needs; 2. Appropriate Use of Turf. Limit high-irrigation turf and plantings to appropriate high-use areas with high visibility and functional needs; 3. Low-Water-Using Plants. Choose low-water-demanding plants and turf where practicable; 4. Irrigation. Design, operate and maintain an efficient irrigation system; 5. Soil Preparation. Incorporate soil amendments before planting; 6. Mulch. Add mulch to planting beds to a minimum depth of three (3) inches; 7. Maintenance. Provide regular and attentive maintenance. (b) Landscape plans submitted shall include: 1. Accurate and clear identification of all applicable hydrozones using the following categories: (3) Water Conservation. Landscape plans shall be designed to incorporate water- efficient techniques. High Hydrozone: 18 gallons/s.f./season Moderate Hydrozone: 10 gallons/s.f./season Low Hydrozone: 3 gallons/s.f./season Very Low Hydrozone: 0 gallons/s.f./season -5- (a) Landscape designs shall be designed according to the xeriscape landscaping principles described as follows: 1. Plan and design. Plan for how people will use and interact with the landscape. Group landscape materials accordingly based upon hydrozone. 2. Landscape arrangement. Provide a cohesive arrangement of turf, plants, mulch, boulders and other landscape elements that support the criteria in Section 3.2.1(H). Landscape elements shall be arranged to provide appropriate plant spacing and grouping and to avoid a disproportionate and excessive use of mulch areas. 3. Appropriate use of turf. Limit high water-use turf to high-traffic areas where turf is functional and utilized. 4. Appropriate plant selection. Selected plants shall be well-adapted to the Fort Collins climate and site conditions. Plants shall be grouped according to water and light requirements. 5. Efficient irrigation. Design, operate and maintain an efficient irrigation system. Select equipment appropriate to the hydrozone. Water deeply and infrequently to develop greater drought tolerance. 6. Soil preparation. Incorporate soil amendments appropriate to the soil and the plant material. Soil preparation must be in accordance with City of Fort Collins Municipal Code 3.8.21. 7. Mulch. Maintain a minimum depth of three inches of mulch in planting beds to conserve soil moisture and control weeds, with careful placement and adjustment of depth near plant stems as needed to allow unimpeded plant establishment and vigorous growth. 8. Maintenance. Provide regular maintenance including but not limited to weeding, pruning, mowing to an appropriate height, deadheading, replacement of dead plant material, and replenishment of mulch surfaces. 9. Xeriscape principles do not include or allow artificial turf or plants; paving of areas not used for walkways, patios or parking; excessive bare ground or mulch; weed infestations; or any landscaping that does not comply with the standards of this section. (b) Landscape plans shall include: -6- 1. A water budget chart that shows the total annual water use, which shall not exceed an average of fifteen (15) gallons/square foot for the landscape. a. Accurate and clear identification of all applicable hydrozones using the following categories: . . . Section 8. That Section 3.2.1(I)(2) of the Land Use Code is hereby amended to read as follows: (2) Plant Materials. Plant materials shall be selected from a list of native plants and other plants determined to be appropriate for and well adapted to local environmental conditions, as such list is established and updated from time to time by the Director and entitled the City of Fort Collins Plant List. Additional plants may be added to the Plant List upon a determination by the Director that such plants are appropriate for inclusion consistent with the above standard.Plant material shall be selected from the City of Fort Collins Plant List created by Fort Collins Utilities Customer Connections Department and adopted by the Director. The Plant List contains plants determined by local resources to be appropriate for local conditions. The Director may approve plants not included on the list upon a determination that such plants are well suited for the local climate. . . . Section 9. That Section 3.2.1(J)(2) of the Land Use Code is hereby amended to read as follows: (J) Irrigation. . . . (2) For any development provided water bywithin the City, an irrigation plan shall be submitted to and approved by the Utilities Executive Director prior to the issuance of the building permit, or if no building permit is required, then prior to commencement of construction. As determined by the Director, minor redevelopment or change of use High Hydrozone 18 gallons/square feet/season Moderate Hydrozone 10 gallons/square feet/season Low Hydrozone 3 gallons/square feet/season Very Low Hydrozone 0 gallons/square feet/season -7- projects may not be required to submit an irrigation plan; in such cases, a written statement shall be submitted describing the type of irrigation system proposed. The irrigation plan shall incorporate the City of Fort Collins Irrigation System Standards for Water Conservation set forth below. In addition, the irrigation system must be inspected for compliance with the approved irrigation plan before the issuance of a Certificate of Occupancy. . . . Section 10. That Section 3.2.1(J)(3)(b)3. of the Land Use Code is hereby amended to read as follows: 3. Irrigation controllers shall be "smart" controllers, using climate- based or soil moisture-based technology, selected from the Irrigation Association's current Smart Water Application Technologies (SWAT) tested products list or other similarly tested product list, selected from the WaterSense labeled irrigation controllers list issued by the United States Environmental Protection Agency from time-to-time and available at the City of Fort Collins Utilities Water Conservation Department. Controllers shall be installed and programmed according to manufacturer's specifications. . . . Section 11. That Section 3.2.1(J)(3)(b)4. of the Land Use Code is hereby amended to read as follows: 4. A rain sensor shall be installed on each irrigation controller and installed according to the manufacturer's specifications. An evapotranspiration (ET) sensor or weather monitor shall be installed on each irrigation controller and installed according to manufacturer’s specifications in a location to receive accurate weather conditions. . . . Section 12. That Section 3.2.1(J)(3)(b)5.f. of the Land Use Code is hereby amended to read as follows: f. Sprayheads on a zone shall have matched precipitation nozzles. Variable Arc Nozzles (VAN) are not acceptable for ninety (90), one hundred eighty (180) and three hundred sixty (360) degree applications. High-Efficiency Variable Arc Nozzles (HE-VAN) are acceptable only in odd shaped areas where ninety (90), one hundred eighty (180) and three hundred sixty (360) are not applicable. -8- Section 13. That Section 3.2.1(J)(3)(e) of the Land Use Code is hereby amended to read as follows: (e) Sprinkler Performance Audit. . . . 3. Audit results below the minimum acceptable distribution uniformity as set for the subsection (e)2. above require adjustments and/or repairs to the irrigation system. These corrections will be noted on the irrigation as-builts and the test area re-audited until acceptable efficiency/results. 34. The audit shall measure the operating pressure for one (1) sprinkler on each zone to determine whether the zone meets the above pressure requirements. 45. A copy of the sprinkler performance audit shall be submitted to and approved by the City before issuance of a certificate of occupancy. Section 14. That Section 3.2.2(C)(4)(b) of the Land Use Code is hereby amended to read as follows: . . . (4) Bicycle Facilities. Commercial, industrial, civic, employment and multi-family residential uses shall provide bicycle facilities to meet the following standards: . . . (b) Bicycle Parking Space Requirements. The minimum bicycle parking requirements are set forth in the table below. For uses that are not specifically listed in the table, the number of bicycle parking spaces required shall be the number required for the most similar use listed. Enclosed bicycle parking spaces may not be located on balconies. . . . Section 15. That Section 3.2.2(C)(5) of the Land Use Code is hereby amended to read as follows: (5) Walkways. (a) Directness and Continuity. Walkways within the site shall be located and aligned to directly and continuously connect areas or points of pedestrian -9- origin and destination, and shall not be located and aligned solely based on the outline of a parking lot configuration that does not provide such direct pedestrian access. Walkways shall be unobstructed by vertical curbs, stairs, raised landscape islands, utility appurtenances or other elements that restrict access and shall link street sidewalks with building entries through parking lots. Such walkways shall be raised or enhanced with a paved surface not less than six (6) feet in width. Drive aisles leading to main entrances shall have walkways on both sides of the drive aisle. . . . Section 16. That Section 3.2.4(D)(6) of the Land Use Code is hereby amended to read as follows: (6) Unique areas or neighborhoods within the City may have additional design guidelines for lighting as part of a neighborhood or area plan. The Community Planning and Environmental Services Department can provide information regarding neighborhood or area plans. Natural areas and natural features shall be protected from light and spillage from off-site sources. . . . Section 17. That Section 3.2.5 of the Land Use Code is hereby amended to read as follows: 3.2.5 - Trash and Recycling Enclosures. (A) Purpose. The purpose of this Section standard is to ensure the provision of areas, compatible with surrounding land uses, for the collection, separation, storage, loading and pickup of trash, waste cooking oil, compostable and recyclable materials. This standard is supplemented by the Enclosure Design Considerations and Guidance Document issued by the Director and available from the Department. (B) General Standard Applicability. All development, to the extent reasonably feasible, shall The following developments must provide adequately sized, conveniently located, and easily accessible trash and recycling enclosures to accommodate the specific trash, compostable and recyclable materials and waste cooking oil needs of the proposed use and future uses that are likely to occupy the development: (1) new commercial structures; (2) new residential structures using a common collection system for waste disposal; (3) commercial structures proposed to be enlarged by more than twenty-five (25) percent; (4) residential structures using a common collection system for waste disposal proposed to be enlarged by more than twenty-five (25) percent; and -10- (5) commercial structures where a change of use is proposed and all newly constructed enclosures. (C) Regulations General Standards. The following regulations shall be applied to the extent reasonably feasible: (15) Areas for the collection and storage of trash, waste cooking oil, compostable and recyclable materials, and other materials (linen service containers, returnable crates and pallets, and other similar containers) Trash and recycling areas must be enclosed so that they are screened from public view. The enclosure shall be constructed of durable materials such as masonry and shall be compatible with the structure to which it is associated. Gates on the enclosures shall be constructed of metal or some other comparable durable material, shall be painted to match the enclosure and shall be properly maintained. (2) The amount of space provided for the collection and storage of shall be designed to accommodate collection and storage containers that are appropriate for the recyclable materials generated. Areas for storage of trash and recyclable materials shall Enclosures must be adequate in capacity size, number and distribution location to readily serve the development project. [2] reasonably anticipated needs of the development’s occupants. (31) All new commercial or multi-family structures and all existing commercial or multi-family structures proposed to be enlarged by more than twenty-five (25) percent, or where a change of use is proposed, shall provide adequate space for the collection and storage of refuse and recyclable materials.Development plans must include labeled drawings of all proposed enclosures, including all proposed dumpsters, containers, bins and other receptacles and the capacity of each. Recycling capacity must be at least fifty (50) percent of the proposed trash capacity (to meet the requirements of Article II, Chapter 12 of the City Code and Article XV, Chapter 15 of the City Code). (43) Recyclable materials storage areas shall be located abutting refuse collection and storage areas.Space allotted for the collection and storage of compostable/recyclable materials and waste cooking oil (where proposed use or likely future use will generate waste cooking oil), must be adequate in size and located in the same enclosure as the trash in a functional manner. (58) The property owner shall supply and maintain adequate containers for recycling and waste disposal. Containers must be clearly marked for recycling.The property owner must supply, securely affix, and maintain adequate signage for enclosures that clearly designates containers’ use for “Landfill”, “Recycle” and “Compost” as applicable. (64) Each trash and recycling enclosure shall be designed to allow walk-in access without having to open the main enclosure service gates.Each enclosure must be -11- designed to allow walk-in access for pedestrians via a door-less entry that is at least thirty-two (32) inches wide and provides unobstructed and convenient access to all dumpsters, containers, bins, and other receptacles, that are provided in the enclosure. (7) Enclosures must provide service gates that are constructed of metal or other comparable durable material, and must be finished to complement the enclosure. Service gates must be free of obstructions that would prevent them from opening fully, must have a method to be secured by hardware in both closed and fully open positions, and must be properly maintained so they may be operated easily and smoothly. The width of service gates must be at least ten (10) feet for haulers to efficiently maneuver dumpsters, containers, bins and other receptacles in and out of the enclosure unless alternative and functional method is demonstrated on plan. (8) Enclosures must include bollards, angle-iron, curbing, metal framing or other effective method to protect the interior walls of the enclosure from being damaged by dumpsters, containers, bins, and other receptacles. (96) Enclosure areas shall be designed to provide adequate, safe and efficient accessibility for service vehicles.Enclosures must be designed to provide adequate, safe and efficient accessibility for service vehicles, including but not limited to front-load, rear-load, side-load, and roll off trucks and trucks used to pump waste cooking oil. Development plans must label the route the hauler will take to service the enclosure and must comply with necessary turning radii, width, and height restrictions for the type of collection vehicles that will service the enclosure. (107) Enclosure areas shall be constructed on a cement concrete pad.Enclosures must be situated on a service pad that extends beyond the service gates at their full open position at least the width of the widest proposed dumpster, container, bin and other receptacles plus an additional two (2) feet. Enclosures and service pads must be constructed of cement concrete. If the truck access point is separated from the enclosure any pathway a hauler must take in order to service the enclosure must be constructed of cement concrete and not exceed a maximum grade of five (5) percent in the direction of travel and two (2) percent cross slope, the route must be free of obstructions that would prevent wheeled service dumpsters, containers, bins and other receptacles, from rolling smoothly. (11) Multi-story buildings utilizing trash chutes must include a recycling chute of the same size or larger than the trash chute. Anywhere a trash chute is provided a recycling chute must also be provided adjacent to it. Chutes must be appropriately labeled “Landfill” and “Recycle” as appropriate. (12) All enclosures used to store waste cooking oil must include a roof unless another effective method of secondary containment is provided to prevent -12- contaminants from being washed into the stormwater system. Waste cooking oil containers must be secured to the enclosure or separated from other containers. Section 18. That Section 3.3.2(E)(1)(e) of the Land Use Code is hereby amended to read as follows: (E) Required Improvements Prior to Issuance of Certificate of Occupancy. . . . (e) The City shall be provided with a certification by a licensed professional engineer that all stormwater drainage facilities required by the City to serve the property and to protect downstream property have been constructed in conformance with the approved plans and drainage report, if any. Such certification shall be in the form required pursuant to the Storm Drainage Design Criteria and Construction Standards of the City. (e) Drainage. The construction of stormwater drainage facilities required by the approved Development Plan Documents must be consistent with the Stormwater Criteria Manual as it may be modified from time to time. Such stormwater drainage facility must be verified by an authorized City inspector at the appropriate phases of construction activities as specified in the Development Certification Checklist issued by and available from the Department, including but not limited to the following: (1) Porous Pavers: (a) Installation must be verified via inspection by an authorized City inspector at the point of installation of the outlet, underdrain, geomembrane layer, if included in whole or in part in the design detail set forth in the Development Plan Documents, and sub-base course. (b) Installation of this facility must be verified via inspection by an authorized City inspector at the point of installation of the pavers and joint fill material. (2) Bioretention Cells, Rain Gardens, and/or Sand Filters: (a) Installation of this facility was verified via inspection by an authorized City inspector at the point of installation of the outlet, underdrain and geomembrane layer, if included in whole or in part in the design detail set forth in the Development Plan Documents, and base course. (b) Installation of this facility was verified via inspection by an authorized City inspector at the point of installation of the pea gravel course and sand or growing media layer course. -13- (3) Extended Detention Basins: Installation of this facility was verified via inspection by an authorized City inspector at the point of installation of the water quality control box(es). (4) Underground Treatment: Installation of this facility was verified via inspection by an authorized City inspector at the point at which the feature is installed but not buried. In the event of non-compliance, the City shall have the option to withhold building permits and/or certificates of occupancy or use any other legal remedy that may be provided in the City Code, the Land Use Code and/or the Development Agreement, as determined appropriate to ensure that the Developer properly installs all privately owned stormwater improvements associated with the development as specified in the Development Plan Documents. In addition, a “Drainage Certification” prepared by a Professional Engineer licensed in the State of Colorado must be provided. The “Certification” must confirm to the City that all stormwater drainage facilities required to serve the property have been constructed in conformance with the approved Development Plan Documents so as to protect downstream property and the quality of Stormwater runoff from the property to comply with the City’s Municipal Separate Storm Sewer System permit. Such certification must be in the form required by the City’s Stormwater Criteria Manual and Construction Standards. . . . Section 19. That Section 3.5.2(E)(5) of the Land Use Code is hereby amended to read as follows: (5) Maximum Size of Detached Accessory Buildings. Any detached accessory building that is incidental to a single-family or two-family dwelling shall contain a maximum of eight hundred (800) square feet of floor area on lots whichthat are less than twenty thousand (20,000) square feet in size, a maximum of one thousand two hundred (1,200) square feet of floor area on lots whichthat are between twenty thousand (20,000) square feet and one (1) acre in size, and a maximum of two thousand five hundred (2,500) square feet of floor area of six (6) percent of the total lot area on lots whichthat are larger than one (1) acre in size, except that the size of such building may be increased by the minimum amount necessary to accommodate a handicap accessible parking bay when such a bay is required by the City's Building Code. . . . Section 20. That Section 3.8.13(C)(9) of the Land Use Code is hereby amended to read as follows: . . . -14- (9) Lighting. The light source for security lighting shall be high pressure sodium and feature down-directional, sharp cut-off luminaries so that there is no spillage of illumination off-site. comply with the requirements of Section 3.2.4. Light fixtures, whether freestanding or tower-mounted, shall not exceed twenty- two (22) feet in height. . . . Section 21. That Section 3.8.17(C) of the Land Use Code is hereby amended to read as follows: (C) Exemptions From Building Height Regulations. The following structures and features shall be exempt from the height requirements of this Land Use Code: . . . (9) structures associated with occupied roofs where the parapet wall does not exceed four (4) feet above the roof deck. If such roofs include enclosed space, such space such as shade structures, storage closets, and other installations, shall cover no more than twenty-five (25) percent of the horizontal surface area of the roof and shall be set back at a thirty-five (35) degree angle measured at the intersection of the floor plane of the story below the roof. Section 22. That Section 3.8.30(A) and (C) of the Land Use Code is hereby amended to read as follows: 3.8.30 - Multi-Family and Single-Family Attached Dwelling Development Standards (A) Purpose/Applicability. The following standards apply to all: (1) multi-family developments that contain at least four (4) dwelling units; and (2) single-family attached developments that contain at least four (4) dwelling units where there is no reasonably sufficient area for outdoor activities and useable outdoor space on an individual per lot basisdevelopment projects that contain at least four (4) dwelling units. These standards are intended to promote variety in building form and product, visual interest, access to parks, pedestrian-oriented streets and compatibility with surrounding neighborhoods. . . . (C) Access to a Park, Central Feature or Gathering Place. At least ninety (90) percent of the dwellings in all development projects containing two (2) or more acres shall be located within one thousand three hundred twenty (1,320) feet (one-quarter [¼] mile) of either a neighborhood park, a privately owned park or a central feature or gathering place that is located either within the project or within adjacent development, which -15- distance shall be measured along street frontage without crossing an arterial street. Such parks, central features or gathering places shall contain one (1) or more of the following uses: . . . (2) Privately owned parks, meeting the following criteria: (a) For projects between two (2) and five (5) acres, the development is required to provide sufficient outdoor gathering areas or site amenities, either public or private, to sustain the activities associated with single- family attached and multi-family residential development, to adequately serve the occupants of the development as set forth below. Such outdoor gathering areas may include, without limitation, small parks, playgrounds, pools, sports courts, picnic facilities, passive open space, recreational areas, plazas, courtyards, or naturalistic features. For projects greater than five (5) acres and less than ten (10) acres, the private park must be a minimum of five thousand (5,000) square feet. For projects greater than ten (10) acres, the private park must be a minimum of ten thousand (10,000) square feet. . . . Section 23. That Section 3.8.30(F)(1) of the Land Use Code is hereby amended to read as follow: (F) Design Standards for Multi-Family Dwellings. (1) Orientation and Yards Along Single- and Two-Family Residential Development. Buffer yards shall be provided along the property line of abutting property containing existing single- and two-family dwellings. Minimum depth shall be twenty-five (25) feet. This provision shall not apply to structures within the Neighborhood Conservation Buffer (NCB) district and the Neighborhood Conservation Medium Density (NCM) district. . . . Section 24. That Section 4.1(B)(1)(a) of the Land Use Code is hereby amended by the addition of a new subparagraph (6) which reads in its entirety as follows: 6. Wireless telecommunication equipment, unless located within one thousand three hundred twenty (1,320) feet -16- (one-quarter [1/4] mile) of the centerline of either I-25 or Carpenter Road. Section 25. That Section 4.1(B)(3)(d) of the Land Use Code is hereby deleted in its entirety as follows: (d) Accessory Uses: 1. Wireless Telecommunications Equipment, provided that it is not located within one thousand three hundred twenty (1,320) feet (one-quarter [¼] mile) of the centerline of either I-25 or Carpenter Road. Section 26. That Section 4.2(B)(1)(a) of the Land Use Code is hereby amended by the addition of a new subparagraph (6) which reads in its entirety as follows: 6. Wireless telecommunication equipment. Section 27. That Section 4.2(B)(3)(e)(2) of the Land Use Code is hereby deleted in its entirety as follows: 2. Wireless telecommunication equipment. Section 28. That Section 4.3(B)(1)(a) of the Land Use Code is hereby amended by the addition of a new subparagraph (5) which reads in its entirety as follows: 5. Wireless telecommunication equipment. Section 29. That Section 4.3(B)(3)(d) of the Land Use Code is hereby deleted in its entirety as follows: (d) Accessory/Miscellaneous Uses: 1. Wireless telecommunication equipment. Section 30. That Section 4.4(B)(1)(b) of the Land Use Code is hereby amended by the addition of a new subparagraph (5) which reads in its entirety as follows: 5. Wireless telecommunication equipment. Section 31. That Section 4.4(B)(3)(e) of the Land Use Code is hereby deleted in its entirety as follows: (e) Accessory/Miscellaneous Uses: -17- 1. Wireless telecommunication equipment. Section 32. That Section 4.5(B)(1)(a) of the Land Use Code is hereby amended by the addition of a new subparagraph (5) which reads in its entirety as follows: 5. Wireless telecommunication equipment. Section 33. That Section 4.5(B)(2)(c)3. of the Land Use Code is hereby amended to read as follows: 3. Neighborhood centers consisting of at least two (2) of the following uses: mixed-use dwelling units; retail stores; convenience retail stores; personal and business service shops; small animal veterinary facilities; offices, financial services and clinics; community facilities; neighborhood support/ recreation facilities; schools; child care centers; limited indoor recreation establishments; open-air farmers markets; and places of worship or assembly, dog day care, music studio, micro brewery/distillery/winery. . . . Section 34. That Section 4.5(B)(3)(c)1. of the Land Use Code is hereby amended to read as follows: (c) Commercial/Retail Uses: 1. Neighborhood centers consisting of one (1) or more of the following uses: standard and fast food restaurants (without drive-in or drive-through facilities); artisan and photography studios and galleries; or convenience retail stores with fuel sales that are at least three-quarters (¾) mile from any other such use and from any gasoline station; grocery store, health and membership club, provided that such use or uses are combined with at least one (1) other use listed in subparagraph (B)(2)(c)3 above. . . . Section 35. That Section 4.5(B)(3)(f) of the Land Use Code is hereby deleted in its entirety as follows: (f) Accessory/Miscellaneous Uses: 1. Wireless telecommunication equipment. Section 36. That Section 4.5(D)(2)(a) of the Land Use Code is hereby amended to read as follows: -18- (a) A minimum of housing types areis required on any project development plan as follows: 1. a minimum of two (2) housing types is required on any project development plan containing at least fifteen (15) acres and less than twenty (20) acres. 2. Aa minimum of three (3) housing types shall beis required on any project development plan containing twenty (20) acres or more and less than thirty (30) acres, including such plans that are part of a phased overall development; and 3. a minimum of four (4) housing types shall beis required on any such project development plan containing thirty (30) acres or more. . . . Section 37. That Section 4.5(D)(3)(c) of the Land Use Code is hereby amended to read as follows: (c) Land Use Requirements. A neighborhood center shall include two (2) or more of the following uses: mixed-use dwelling units; community facilities; neighborhood support/recreation facilities; schools; child care centers; places of worship or assembly; convenience retail stores; retail stores; offices, financial services and clinics with less than five thousand (5,000) square feet of building footprint area; personal or business service shops; standard or fast food restaurants (without drive-in or drive-through facilities); small animal veterinary clinics; convenience retail stores with fuel sales that are at least three-quarters (¾) mile from any other such use and from any gasoline station; and artisan or photography studios or galleries, dog day cares, music studios, micro- breweries/distilleries/wineries, grocery stores and health and membership clubs. No drive-in facilities shall be permitted. A neighborhood center shall not exceed (5) acres in size, excluding such portion of the neighborhood center which is composed of a school, park, place of worship or assembly and/or outdoor space as defined in subparagraph (e) of this Section. Section 38. That Section 4.5(D) of the Land Use Code is hereby amended by the addition of a new subsection (8) which reads in its entirety as follows: (D) Land Use Standards. . . . -19- (8) Long Term Care Facilities – Independent Living Facility. Independent dwelling units shall not occupy more than fifty (50) percent of the total gross floor area of a long-term care development. Section 39. That Section 4.6(B)(1)(a) of the Land Use Code is hereby amended by the addition of a new subparagraph (5) which reads in its entirety as follows: 5. Wireless telecommunication equipment. Section 40. That Section 4.6(B)(3)(e) of the Land Use Code is hereby deleted in its entirety as follows: (e) Accessory/Miscellaneous Uses: 1. Wireless telecommunication equipment. Section 41. That Section 4.7(B)(1)(b) of the Land Use Code is hereby amended by the addition of a new subparagraph (6) which reads in its entirety as follows: 6. Wireless telecommunication equipment. Section 42. That Section 4.7(B)(3)(d) of the Land Use Code is hereby deleted in its entirety as follows: (d) Accessory/Miscellaneous Uses: 1. Wireless telecommunication equipment. Section 43. That Section 4.7(D)(2)(b) of the Land Use Code is hereby amended to read as follows: (b) For the purpose of calculating allowable floor area, one hundred (100) percent of the floor area of the following spaces and building elements shall be included: . . . 4. Carports. . . . Section 44. That Section 4.8(B)(1)(d) of the Land Use Code is hereby amended by the addition of a new subparagraph (6) which reads in its entirety as follows: 6. Wireless telecommunication equipment. -20- Section 45. That Section 4.8(B)(3)(e) of the Land Use Code is hereby deleted in its entirety as follows: (e) Accessory/Miscellaneous Uses: 1. Wireless telecommunication equipment. Section 46. That Section 4.8(D)(2)(b) of the Land Use Code is hereby amended to read as follows: (b) For the purpose of calculating allowable floor area, one hundred (100) percent of the floor area of the following spaces and building elements shall be included: . . . 4. Carports. . . . Section 47. That Section 4.9(B)(1)(d) of the Land Use Code is hereby amended by the addition of a new subparagraph (6) which reads in its entirety as follows: 6. Wireless telecommunication equipment. Section 48. That Section 4.9(B)(3)(e) of the Land Use Code is hereby deleted in its entirety as follows: (e) Accessory/Miscellaneous Uses: 1. Wireless telecommunication equipment. Section 49. That Section 4.10(B)(1)(a) of the Land Use Code is hereby amended by the addition of a new subparagraph (4) which reads in its entirety as follows: 4. Wireless telecommunication equipment. Section 50. That Section 4.10(B)(3)(e) of the Land Use Code is hereby deleted in its entirety as follows: (e) Accessory/Miscellaneous Uses: 1. Wireless telecommunication equipment. Section 51. That Section 4.13(B)(1)(a) of the Land Use Code is hereby amended by the addition of a new subparagraph (5) which reads in its entirety as follows: -21- 5. Wireless telecommunication equipment. Section 52. That Section 4.13(B)(2)(c) of the Land Use Code is hereby amended to read as follows: (c) Accessory/Miscellaneous Uses: 1. Agricultural activities. 2. Wireless telecommunication equipmentfacilities. 3. Wireless telecommunication facilities. Section 53. That Section 4.14(B)(1)(a) of the Land Use Code is hereby amended by the addition of a new subparagraph (5) which reads in its entirety as follows: 5. Wireless telecommunication equipment. Section 54. That Section 4.14(B)(3)(d) of the Land Use Code is hereby amended to read as follows: (d) Accessory/Miscellaneous Uses: 1. Wireless telecommunication equipmentfacilities. 2. Wireless telecommunication facilities. Section 55. That Section 4.16(B)(1)(a) of the Land Use Code is hereby amended by the addition of a new subparagraph (3) which reads in its entirety as follows: 3. Wireless telecommunication equipment. Section 56. That the table contained in Section 4.16(B)(2) of the Land Use Code is hereby amended to read as follows: Land Use Old City Center Canyon Avenue Civic Center . . . E. ACCESSORY - MISCELLANEOUS . . . . . . . . . . . . Wireless communication equipment Type 1 Type 1 Type 1 -22- . . . . . . . . . . . . Section 57. That Section 4.17(B)(1)(a) of the Land Use Code is hereby amended by the addition of a new subparagraph (7) which reads in its entirety as follows: 7. Wireless telecommunication equipment. Section 58. That Section 4.17(B)(1)(g) of the Land Use Code is hereby amended to read as follows: (g) Industrial Uses: 1. Medical marijuana optional premises cultivation operations. 2. Medical marijuana-infused product manufacturers. 3. Medical marijuana research and development facility. 4. Facility for medical marijuana research and development cultivation. 5. Medical marijuana testing facility. 36. Retail marijuana cultivation facility. 47. Retail marijuana product manufacturing facility. 58. Retail and medical marijuana testing facility. Section 59. That Section 4.17(B)(2)(e) of the Land Use Code is hereby amended to read as follows: (e) Accessory/Miscellaneous Uses: 1. Wireless telecommunication equipment. 21. Satellite dish antennas greater than thirty-nine (3) inches in diameter. Section 60. That Section 4.18(B)(1)(a) of the Land Use Code is hereby amended by the addition of a new subparagraph (7) which reads in its entirety as follows: 7. Wireless telecommunication equipment. -23- Section 61. That Section 4.18(B)(2)(e) of the Land Use Code is hereby deleted in its entirety as follows: (e) Accessory/Miscellaneous Uses: 1. Satellite dish antennas greater than thirty-nine (3) inches in diameter. 2. Wireless telecommunication equipmentfacilities. 3. Wireless telecommunication facilities. Section 62. That Section 4.19(B)(1)(a) of the Land Use Code is hereby amended by the addition of a new subparagraph (7) which reads in its entirety as follows: 7. Wireless telecommunication equipment. Section 63. That Section 4.19(B)(1)(g) of the Land Use Code is hereby amended to read as follows: (g) Industrial Uses: 1. Medical marijuana optional premises cultivation operations. 2. Medical marijuana-infused product manufacturers. 3. Medical marijuana research and development facility. 4. Facility for medical marijuana research and development cultivation. 5. Medical marijuana testing facility. 36. Retail marijuana cultivation facility. 47. Retail marijuana product manufacturing facility. 58. Retail and medical marijuana testing facility. Section 64. That Section 4.19(B)(2)(e) of the Land Use Code is hereby amended to read as follows: (e) Accessory/Miscellaneous Uses: -24- 1. Satellite dish antennas greater than thirty-nine (3) inches in diameter. 2. Wireless telecommunication equipmentfacilities. 3. Wireless telecommunication facilities. Section 65. That Section 4.20(B)(1)(a) of the Land Use Code is hereby amended by the addition of a new subparagraph (7) which reads in its entirety as follows: 7. Wireless telecommunication equipment. Section 66. That Section 4.20(B)(2)(e) of the Land Use Code is hereby amended to read as follows: (e) Accessory/Miscellaneous Uses: 1. Wireless telecommunication equipment. 21. Wireless telecommunication facilities. 32. Satellite dish antennas greater than thirty-nine (3) inches in diameter. Section 67. That Section 4.21(B)(1)(a) of the Land Use Code is hereby amended by the addition of a new subparagraph (3) which reads in its entirety as follows: 3. Wireless telecommunication equipment. Section 68. That the table contained in Section 4.21(B)(2) of the Land Use Code is hereby amended to read as follows: Land Use I-25/SH 392 (CAC) General Commercial District (C-G) . . . E. ACCESSORY – MISC. . . . . . . . . . Wireless telecommunication facilities Not permitted Type 1 -25- . . . . . . . . . Section 69. That Section 4.22(B)(1)(a) of the Land Use Code is hereby amended by the addition of a new subparagraph (7) which reads in its entirety as follows: 7. Wireless telecommunication equipment. Section 70. That Section 4.22(B)(1)(g) of the Land Use Code is hereby amended to read as follows: (g) Industrial Uses: 1. Medical marijuana optional premises cultivation operations. 2. Medical marijuana-infused product manufacturers. 3. Medical marijuana research and development facility. 4. Facility for medical marijuana research and development cultivation. 5. Medical marijuana testing facility. 36. Retail marijuana cultivation facility. 47. Retail marijuana product manufacturing facility. 58. Retail and medical marijuana testing facility. Section 71. That Section 4.22(B)(2)(e) of the Land Use Code is hereby amended to read as follows: (e) Accessory/Miscellaneous Uses: 1. Satellite dish antennas greater than thirty-nine (3) inches in diameter. 2. Wireless telecommunication equipmentfacilities. 3. Wireless telecommunication facilities. Section 72. That Section 4.23(B)(1)(a) of the Land Use Code is hereby amended by the addition of a new subparagraph (7) which reads in its entirety as follows: -26- 7. Wireless telecommunication equipment. Section 73. That Section 4.23(B)(2)(e) of the Land Use Code is hereby amended to read as follows: (e) Accessory/Miscellaneous Uses: 1. Satellite dish antennas greater than thirty-nine (3) inches in diameter. 2. Wireless telecommunication equipmentfacilities. 3. Wireless telecommunication facilities. Section 74. That Section 4.24(B)(1)(a) of the Land Use Code is hereby amended by the addition of a new subparagraph (3) which reads in its entirety as follows: 3. Wireless telecommunication equipment. Section 75. That the table contained Section 4.24(B)(2) of the Land Use Code is hereby amended to read as follows: Land Use Riverside Area All Other Areas . . . D. INDUSTRIAL . . . Medical marijuana optional premises cultivation operations Not permitted BDR Medical marijuana-infused product manufacturers Not permitted BDR Medical marijuana research and development facility Not Permitted BDR Facility for medical marijuana research and development cultivation Not Permitted BDR -27- Medical marijuana testing facility Not permitted BDR Retail marijuana cultivation facility. Not permitted BDR Retail marijuana product manufacturing facility Not permitted BDR Retail and medical marijuana testing facility Not permitted BDR . . . . . . . . E. ACCESSORY – MISC. Wireless telecommunication equipment Type 1 Type 1 . . . . . . . . . Section 76. That Section 4.26(B)(1)(a) of the Land Use Code is hereby amended by the addition of a new subparagraph (7) which reads in its entirety as follows: 7. Wireless telecommunication equipment. Section 77. That Section 4.26(B)(2)(e) of the Land Use Code is hereby amended to read as follows: (e) Accessory/Miscellaneous Uses: 1. Satellite dish antennas greater than thirty-nine (3) inches in diameter. 2. Wireless telecommunication equipmentfacilities. 3. Wireless telecommunication facilities. Section 78. That Section 4.27(B)(1)(a) of the Land Use Code is hereby amended by the addition of a new subparagraph (7) which reads in its entirety as follows: 7. Wireless telecommunication equipment. Section 79. That Section 4.27(B)(2)(e) of the Land Use Code is hereby amended to read as follows: (e) Accessory/Miscellaneous Uses: -28- 1. Satellite dish antennas greater than thirty-nine (3) inches in diameter. 2. Wireless telecommunication equipmentfacilities. 3. Wireless telecommunication facilities. Section 80. That Section 4.28(B)(1)(a) of the Land Use Code is hereby amended by the addition of a new subparagraph (7) which reads in its entirety as follows: 7. Wireless telecommunication equipment. Section 81. That Section 4.28(B)(1)(f) of the Land Use Code is hereby amended to read as follows: (f) Industrial Uses: 1. Medical marijuana optional premises cultivation operations. 2. Medical marijuana-infused product manufacturers. 3. Medical marijuana research and development facility. 4. Facility for medical marijuana research and development cultivation. 5. Medical marijuana testing facility. 36. Retail marijuana cultivation facility. 47. Retail marijuana product manufacturing facility. 58. Retail and medical marijuana testing facility. 69. Small-scale and medium-scale solar energy systems. Section 82. That Section 4.28(B)(2)(e) of the Land Use Code is hereby amended to read as follows: (e) Accessory/Miscellaneous Uses: 1. Mixed-use dwelling units constructed at ground level, provided they are ancillary to and associated with a principal nonresidential use on the lot. -29- 2. Satellite dish antennas greater than thirty-nine (3) inches in diameter. 3. Wireless telecommunication equipmentfacilities. 4. Wireless telecommunication facilities. Section 83. That the definition “Bicycle parking, enclosed” contained in Section 5.1.2 of the Land Use Code is hereby amended to read as follows: Bicycle parking, enclosed shall mean bicycle storage in lockers, a room or other space within a parking structure or other building, including, without limitation, a shed or carport. All types of enclosed bicycle storage must be easily accessible to entrances and walkways, secure, lighted and protected from the weather. Each storage space shall provide a minimum of six (6) square feet in area. The storage space shall not impede fire exits or be located so that parked bicycles interfere with public access. Section 84. That Section 5.1.2 of the Land Use Code is hereby amended by the addition of a new definition “Carport” which reads in its entirety as follows: Carport shall mean an accessory building attached or detached from a principal building and customarily used with, and clearly incidental and subordinate to the principal building or use, consisting of a roof but no more than one (1) wall and typically intended to provide weather protection for vehicles, boats, trailers, and the like. Section 85. That Section 5.1.2 of the Land Use Code is hereby amended by the addition of a new definition “Department” which reads in its entirety as follows: Department shall mean the Community Development and Neighborhood Services Department, or the successor department existing from time-to-time in the City’s organizational structure as set for in this Code. Section 86. That the definition “Director” contained in Section 5.1.2 of the Land Use Code is hereby amended to read as follows: Director shall mean the Director of the Planning, Development and Transportation Service Unitthe Department. Section 87. That the definition “Hydrozone” contained in Section 5.1.2 of the Land Use Code is hereby amended to read as follows: Hydrozone shall mean an area within the landscape defined by a grouping of plants requiring a similar amount of water to sustain health. For the purposes of this Code, hydrozones are divided into the following four (4) categories: -30- (1) Very low hydrozones include plantings that need supplemental water when first planted, but little or none once established. Typical plants in this hydrozone include yarrow, rabbitbrush and many native plants. (2) Low hydrozones include plantings that generally do not require more than three (3) gallons per square foot of supplemental water per year. These plantings require additional water during plant establishment or drought. During plant establishment or drought, additional supplemental water may be beneficial. Typical plants in this hydrozone include buffalograss, penstemon and daylily. (3) Moderate hydrozones include plantings that generally require ten (10) gallons per square foot of supplemental water per year. Typical plants in this hydrozone include turf-type tall fescue, potentilla and purple coneflower. (4) High hydrozones include plantings that generally require eighteen (18) gallons per square foot of supplemental water per year. Typical plants in this hydrozone include Kentucky bluegrass, cottonwood, arborvitae and columbine. Section 88. That the definition “Indoor kennel” contained in Section 5.1.2 of the Land Use Code is hereby amended to read as follows: Indoor kennel shall mean an establishment in which twenty-four (24)- hour care and boarding is provided for household dogs or cats within a soundproof building (or buildings) that contains exercise facilities, separate ventilation systems for dogs and cats if they are boarded in the same building, and wherein other services such as grooming and training are offered. Dogs in an indoor kennel are only allowed in an outdoor exercise area during the hours of 8am-5pm. Section 89. That the definition “Long-term care facility” contained in Section 5.1.2 of the Land Use Code is hereby amended to read as follow: Long-term care facility shall mean any of the following: 1. Convalescent or rehabilitation center shall mean a health institution that is planned, organized, operated and maintained to offer facilities and services to inpatients requiring restorative care and treatment and that is either an integral patient care unit of a general hospital or a facility physically separated from, but maintaining an affiliation with, all services in a general hospital. 2. Nursing or memory care facility shall mean a health institution planned, organized, operated and maintained to provide facilities and health services with related social care to inpatients who require regular medical care and twenty-four- -31- hour per day nursing services for illness, injury or disability. Each patient shall be under the care of a physician licensed to practice medicine in the State of Colorado. The nursing services shall be organized and maintained to provide twenty-four (24) -hour per day nursing services under the direction of a registered professional nurse employed full time. 3. Intermediate health care or assisted living facility shall mean a health-related institution planned, organized, operated and maintained to provide facilities and services which are supportive, restorative or preventive in nature, with related social care, to individuals who because of a physical or mental condition, or both, require care in an institutional environment but who do not have an illness, injury or disability for which regular medical care and twenty-four (24) -hour per day nursing services are required. 4. Independent living or continuing care facility shall mean a single-family, two- family and/or multi-family dwelling which is located within a development that contains one (1) or more of the facilities described in (1) through (3) above, wherein the residents of such dwellings have access to the common amenities and services available to residents of the facilities described in (1) through (3) above and wherein independent living facilities occupy no more than twenty-five (25) percent of the total gross floor area of a long-term care development. Section 90. That Section 5.1.2 of the Land Use Code is hereby amended by the addition of a new definition “Marijuana products” which reads in its entirety as follows: Marijuana products shall mean concentrated marijuana products and marijuana products that are comprised of marijuana and other ingredients and are intended for use or consumption, such as, but not limited to, edible products, ointments, and tincture as defined in Section 16 (2)(k) of Article XVIII of the Colorado State Constitution. Section 91. That the definition “Medical marijuana center” contained in Section 5.1.2 of the Land Use Code is hereby amended to read as follows: Medical marijuana center shall mean a person licensed pursuant to Title 12, Article 43.3, C.R.S., to operate a business as directeddescribed in Section 12-43.3-402, C.R.S., that sells medical marijuana to registered patients or primary caregivers as defined in Section 14 of Article XVIII of the State Constitution, but is not a primary caregiver. Section 92. That the definition “Medical marijuana-infused products manufacturer” contained in Section 5.1.2 of the Land Use Code is hereby amended to read as follows: Medical marijuana-infused products manufacturer shall mean a person licensed pursuant to Title 12, Article 43.3, C.R.S., to operate a business as described in Section 12-43.3- 4034, C.R.S. -32- Section 93. That Section 5.1.2 of the Land Use Code is hereby amended by the addition of a new definition “Medical marijuana research and development cultivation” which reads in its entirety as follows: Medical marijuana research and development cultivation shall mean a facility used by a person or entity licensed pursuant to Title 12, Article 43.3, C.R.S., to operate a business as described in Section 12-43.3-409, C.R.S. Section 94. That Section 5.1.2 of the Land Use Code is hereby amended by the addition of a new definition “Medical marijuana research and development facility” which reads in its entirety as follows: Medical marijuana research and development facility shall mean a facility used by a person or entity licensed pursuant to Title 12, Article 43.3, C.R.S., to operate a business as described in Section 12-43.3-409, C.R.S. Section 95. That Section 5.1.2 of the Land Use Code is hereby amended by the addition of a new definition “Medical marijuana testing facility” which reads in its entirety as follows: Medical marijuana testing facility shall mean a facility used by a person or entity licensed pursuant to Title 12, Article 43.3, C.R.S., to operate a business as described in Section 12-43.3-405, C.R.S. Section 96. That the definition “Retail marijuana store” contained in Section 5.1.2 of the Land Use Code is hereby amended to read as follows: Retail marijuana store shall mean an entity licensed to purchase marijuana from marijuana cultivation facilities, and to purchase marijuana and marijuana products from marijuana product manufacturing facilities, for the purpose of sellingand to sell marijuana and marijuana products to consumers. Section 97. That the definition “Retail marijuana testing facility” contained in Section 5.1.2 of the Land Use Code is hereby amended to read as follows: Retail marijuana testing facility pursuant to Section 16(2)(1) of Article XVIII of the Colorado State Constitution shall mean an entity licensed to analyze and certify the safety and potency of marijuana as defined in Section 16(2)(1) of Article XVIII of the Colorado State Constitution. Section 98. That Section 5.1.2 of the Land Use Code is hereby amended by the addition of a new definition “Structures associated with an occupied roof” which reads in its entirety as follows: Structures associated with an occupied roof shall mean improvements to the primary or lowest portion of a roof deck of a structure that may include, but not be limited to, -33- accessory rooftop improvements such as pools, decks, raised planters, outdoor furniture, shade structures, snack bars, televisions, clubhouse or other clubhouse-like elements. Structures associated with an occupied roof is not a story as that term is used in this Land Use Code. Section 99. That the definition “Warehouse” contained in Section 5.1.2 of the Land Use Code is hereby amended to read as follows: Warehouse shall mean a building used primarily for the storage of goods or materials excluding marijuana products. Section 100. That the definition “Wholesale distribution” contained in Section 5.1.2 of the Land Use Code is hereby amended to read as follows: Wholesale distribution shall mean a use primarily engaged in the sale and distribution of manufactured products, supplies or equipment, including accessory offices or showrooms, and including incidental retail sales, but excluding marijuana products, bulk storage of materials that are inflammable or explosive or that create hazardous or commonly recognized offensive conditions, and where the products, supplies or equipment that are distributed from the facility are not used or consumed on the premises. Activities customarily include receiving goods in bulk or large lots and assembling, sorting or breaking down such goods into smaller lots for redistribution or sale to others for resale. Introduced, considered favorably on first reading, and ordered published this 1st day of May, A.D. 2018, and to be presented for final passage on the 15th day of May, A.D. 2018. __________________________________ Mayor ATTEST: _______________________________ City Clerk -34- Passed and adopted on final reading on the 15th day of May, A.D. 2018. __________________________________ Mayor ATTEST: _______________________________ City Clerk