HomeMy WebLinkAbout039 - 09/16/1975 - AMENDING SECTION 118-83 OF THE CITY CODE RELATING TO UNIT DEVELOPMENTS ORDINANCE NO 3 q 1975
BEING AN ORDINANCE AMENDING SECTION 118-83
OF THE CODE OF THE CITY OF FORT COLLINS
RELATING TO UNIT DEVELOPMENTS UNDER THE
ZONING ORDINANCE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS
Section 1 That Section 118-83 of the Code of the' City of
Fort Collins be and the same hereby is amended to read as
follows
§118-33 Unit Developments
A Definition and Purpose of Unit Developments
1 Definition A Unit Development is a project
located on at least two (2) acres of land
including usable open space for the mutual
benefit of the entire tract designed to provide
variety and diversity through the variance of
normal zoning and subdivision standards so that
maximum long-range benefits can be gained and
the unique features of the development or site
preserved and enhanced while still being in
harmony with the surrounding neighborhood
2 Purpose The purpose of these provisions
regarding unit development is to encourage
flexibility innovation and variety in the
development of land in order to promote its
most appropriate use to improve the design
character and quality of new development to
facilitate the adequate and economic provision
of streets utilities and government services
to achieve beneficial land use relationships
with the surrounding area to preserve the unique
natural and scenic features of the landscape
and to preserve open space as development occurs
This section shall be interpreted in order to
achieve these purposes
B Special Requirements The following special requirements
shall apply to any unit development
"1 The tract or parcel of land involved shall be
either in one (1) ownership or the subject of an
application filed ,jointly by the owners of all
the property to be included
12 Residential unit developments in the R-P Planned
Residential District may have a maximum density
not to exceed twelve (12) units per acre provided
that the lot area shall be at least three times
the total floor area of residential development
The maximum overall density of residential unit
developments in all other residential zones shall
be based upon the minimum area of lot requirements
set forth for the applicable zoning district The
Planning and Zoning Board and the City Council
shall have the right to establish general design
standards which shall apply to any unit develop-
ment plan based upon such factors as height
proposed housing type unique features of the
site and the surrounding neighborhood The maximum
density in any district shall not be allowed as a
matter of course and the actual density for any
unit development shall be as determined in the
unit development plan finally approved in accordance
with the purposes and requirements of this section
13 The final approved unit development plan shall
specify the manner of holding title to areas and
facilities of joint use Normally such areas and
facilities shall be retained in title by the
developers of the unit development or deeded
to an organization composed of all owners in
the development
C Procedure A unit development plan shall be processed
in three stages (1) conceptual review (2) preliminary
plan and (3) final plan Each stage shall be processed
through the authorities in the order indicated in the
following table
City
Staff P&Z Board Council
Conceptual Review X
Preliminary Plan X X X
Final Plan X X
Utility Plans X
Final Plan X
"l Conceptual Review This stage of processing is
designed to allow exchange of information between
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proposed developer and City staff Each applicant
shall confer with the Director of Engineering
Services the Planning Director and other depart-
ment heads involved in connection with the prepara-
tion of the planned unit development application
It shall be the responsibility of the Planning
Director to contact and invite these department
heads to a joint meeting The general outlines
of the proposal evidenced schematically by
sketch plans shall be considered before sub-
mission of the planned unit development applica-
tion Thereafter the Planning Director shall
furnish the applicant with his written comments
regarding such conference including appropriate
recommendations to inform and assist the applicant
prior to preparing the components of the planned
unit development application
2 Preliminary Plan Upon completion of the con-
ceptual review meeting and after the recommenda-
tions from the Planning Director have been made
application may be filed for a planned unit develop-
ment on a preliminary basis Materials pertaining
to the preliminary plan must all be submitted to the
Planning Department by the administratively designated
deadline at least two weeks prior to the meeting of
the Planning and Zoning Board at which the preliminary
plan will be considered After the Planning Depart-
ment has received the preliminary plan application
in the form required herein the matter will be
placed on the agenda for the appropriate meeting of
the Planning and Zoning Board
The application for the preliminary plan shall be
in accordance with and include the following
"a Written Documents
(1) A legal description of the site proposed
for development which shall separately
describe present and proposed ownership
and present and proposed zoning districts
(2) A statement of the planning objectives
to be achieved by the planned unit develop-
ment through the particular approach pro-
posed by the applicant This statement should
include a description of the character of
the proposed development and the rationale
behind the assumptions and choices made
by the applicant including the specific
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advantages the planned unit development
offers as opposed to a conventional
subdivision
" (3) A development schedule indicating the
approximate date when construction of
the planned unit development or stages
of the same can be expected to begin and
be completed including the proposed phasing
of construction of public improvements
and recreational and common space areas
' (4) A statement of the applicant s intentions
with regard to future ownership of all or
portions of the planned unit development
(5) Site data including the following
"(a) Total number and type of dwelling
units showing number of rooms and
bedrooms for each
(b) Parcel size
"(c) Proposed coverage of buildings and
structures for the purpose of calcu-
lating storm drainage runoffs and
storm drainage retention requirements
Such calculations shall also be sub-
mitted by the applicant and shall
have previously been submitted to
the Director of Engineering Services
for his consideration
"(d) Gross and net residential densities
"(e) For commercial planned unit develop-
ments estimated total floor area
and estimated ratio of floor area
to lot size
(f) Total area of open space
(g) Total area of open space which is
suitable for active recreation
(h) Total area and description of non-
residential construction
"(6) Physiographic data to include a description
of
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(a) Soils existing on the site accom-
panied by analysis as to the suit-
ability of such soils for the intended
construction and proposed landscaping
"(b) A map showing all permanent and
temporary streams and a sketch
showing the 100-year flood plain
for each
(c) A description of the groundwater
hydrologic conditions of the site
with analysis of water table fluctu-
ation and a statement of site suit-
ability for the intended construction
and proposed landscaping
' b Site Plan and Supporting Maps A site plan
and such additional maps as necessary shall
also be submitted showing the major details
of the proposed planned unit development and
containing the following minimum information
" (1) The existing site conditions including
contours at two (2) foot intervals all
water courses flood plains unique
natural features and vegetative cover
including all trees and shrubs having
greater than a 2-1/2 inch diameter by
species
" (2) Proposed lot lines and plat designs
" (3) The tentative location and floor area
of all existing and proposed buildings
structures and other improvements in-
cluding maximum heights types of dwelling
units density per type nonresidential
structures including commercial facilities
' (4) Preliminary architectural elevations
(prospectives) sufficient to relay the
basic architectural intent of the proposed
improvements
" (5) The location and size in acres or square
feet of all areas to be conveyed dedicated
reserved or otherwise used as common open
space public park recreational areas
school sites and similar public and semi-
public uses
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(6) The existing and proposed circulation
system of arterial collector and local
streets including off-street parking
areas service areas loading zones and
major points of access to public rights-
of-way (including major points of ingress
and egress to the development) Notations
of proposed ownership--public or private--
should be included where appropriate
Rights-of-way and paved surfaces for
each street shall be shown in accordance
with the minimum design standards outlined
in this ordinance
(7) The existing and proposed pedestrian
circulation system including its inter-
relationships with the vehicular circula-
tion system indicating proposed treatment
of points of conflict
(8) The existing and proposed utility systems
including sanitary sewers storm sewers
water electric gas and telephone lines
fire hydrants and trash collection area-
(9) A general landscaping plan indicating the
treatment of materials used for private
and common open spaces including
" (a) All existing vegetation with
identification of all trees by
size and species
(b) Specific proposals to protect and
preserve existing trees during and
after construction
The details of size and species for
intended plantings of vegetation will
be required at the final plan phase
' (10) A map of the area which surrounds the
site within a distance of at least three
hundred (300) feet showing at least the
following
' (a) Land uses
" (b) Zoning classifications
" (c) Densities
'(d) Circulation systems
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(e) Public facilities
' (f) Unique natural features of the
landscape
" (g) General topographic mapping at
ten (10) foot intervals
' (11) The proposed treatment of the perimeter
of the planned unit development including
materials and techniques used such as
screens fencing walls and other land-
scaping
"(12) Street cross-section schematics shall
be submitted for each general category
of street to be included within the
proposed development (one (1) for local
sub-collector collector streets) to
include proposed width treatment of
curbs and gutters sidewalk systems and
bikeway systems Street designs must be
consistent with the minimum street standards
contained in this section
(13) Any additional information as required by
the review authority necessary to evaluate
the character and impacts both fiscal and
environmental of the proposed planned
unit development
c Project Phasing All information and data
required at the preliminary plan phase must
include the entire development site Applica-
tions for a final planned unit development may
be made for any portion of the overall approved
preliminary plan Phased projects shall include
a proportional amount of the proposed recreational
and open space amenities for the entire site
such that the project as it is built will comply
with the overall density and design standards of
this ordinance at all times regardless of phase
Requirements may be made for off-site public
improvements on a phased project
'd Review and Approval The preliminary plans
shall be reviewed by the Planning and Zoning
Board which shall make recommendations to the
City Council either approving approving
conditionally or rejecting the plan The
matter shall then be scheduled on the agenda
for the City Council which shall take final
action on the preliminary plan
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"e Time Limit for Action Upon a Preliminary Plan
Within a maximum of twelve (12) months fol-
lowing the approval of a preliminary plan
the applicant shall proceed by filing with
the Planning Department a final plan in
detailed form covering all or a part of
the planned unit development Upon applica-
tion and for good cause the Planning and
Zoning Board may extend the period for filing
a final development plan for successive six
(6) month periods If no final plan is filed
within such time the right to proceed under
the preliminary plan shall expire
' 3 Final Development Plan After approval by the
City Council of a preliminary plan application
may be made for approval of a final plan Applica-
tion for a final unit development plan shall be in
substantial compliance with the requirements of the
approved preliminary plan The final plan shall be
deemed in substantial compliance with the preliminary
plan provided the final plan does not violate any
provision of the zoning ordinance and does not
a Involve a reduction of more than five percent
(57) of the area reserved for common open
space and/or usable open space
' b Increase the floor area proposed for non-
residential use by more than five percent (57)
c Increase residential densities by more than
one percent (17) or
"d Increase the total ground area covered by
buildings by more than five percent (57)
If the final plan is not in substantial compliance
with the approved preliminary plan the revisions
shall require the same review and public hearing
process required for approval of preliminary plans
The following information and materials shall be
required for approval of a final plan
"a Final Site Plan The final site plan shall
provide sufficient detail to facilitate
recording engineering and ease of building
permit administration The final site plan
shall where possible locate the exact
position of proposed buildings and structures
If this is not possible a building envelope
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or range of possible locations shall be shown
If building envelopes are used design specifics
shall be coordinated with the Chief Building
Inspector and such specifics shall be shown
on the final site plan when determined The
final site plan and subdivision plat shall be
submitted on 24-inch by 36-inch sheets at a
scale of 1 inch to 50 feet or less and shall
contain the following information
" (1) Lot lines
' (2) The location and floor area size of all
existing and proposed buildings structures
and other improvements including maximum
heights types of dwelling units density
per type and nonresidential structures
including commercial facilities All
buildings shall be dimensioned with
distances shown from clear reference
points
' (3) The location and size in acres or square
feet of all areas to be conveyed dedicated
reserved or used as common open spaces
public parks recreational areas school
sites and similar public and semi-public
uses
(4) The existing and proposed circulation
system of arterial collector and local
streets including off-street parking
areas service areas loading zones and
major points of access to public rights-
of-way Notations of ownership (public
or private) shall be included where
appropriate Rights-of-way and paved
widths for each street shall be shown
in accordance with the minimum design
standards of this ordinance
' (5) The existing and proposed pedestrian cir-
culation system including its inter-
relationships with the vehicular circula-
tion system indicating the proposed treat-
ment of points of conflict
b Final Landscape Plan A landscape plan shall
be filed indicating a well-designed treatment
of exterior spaces which measurably improve
the overall quality of the project The design
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objective of the plan must be clear and
supported by written statement The plan
must provide an ample quantity and variety
of ornamental plant species which are regarded
as suitable for this climate Landscape
treatment must be balanced with both evergreen
and deciduous plant material with sufficient
use of upright species for vertical control
Plant material selections will be reviewed
for adaptability to physical conditions
indicated by site plan locations The land-
scape plan shall include the following
(1) Extent and location of all plant materials
and other landscape features Plant
material must be identified by direct
labeling on the plan or by a clearly
understandable legend
(2) Flower and shrub bed definition must be
clear and drawn to scale with dimensions
" (3) Proposed plant material should be indicated
at mature sizes and in appropriate relation
to scale
(4) Species and size of existing plant material
' (5) Proposed treatment of all ground surfaces
must be clearly indicated (paving turf
gravel grading etc )
" (6) Location of water outlets If areas of
planting are extensive plans for an
underground sprinkler system will be
required
' (7) Plant material schedule with common and
botanical names sizes quantities and
method of transplant Bareroot material
will be permitted but it is discouraged
on all but the smallest sizes
(8) Plants must be sized according to the
following table
TYPE SIZE
Standard deciduous
trees 1-3/4 ' - 2" caliper
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TYPE SIZE
Small ornamental and 1-1/2 to
flowering trees 1-3/4 caliper
Evergreen trees 5 - 6 ' height
Shrubs Adequate size to be
consistent with
design intent
' (9) All plant material must meet specifications
of the American Association of Nurserymen
(AAN) for #1 grade All trees must be
balled and burlaped or equivalent
"(10) The final landscape plan shall be accom-
panied by a bond or cash deposit in an
amount equal to the estimated cost of the
landscaping improvements proposed plus
twenty-five percent (25/) Such bond shall
guarantee the installation of all land-
scaping shown and the continued maintenance
and replacement of the same for a period
of two (2) years after installation In
the absence of an executed contract to
install landscaping landscape cost estimates
shall be determined by the average of at
lease two appraisals Bonds or cash deposits
shall be filed with the Director of Finance
and released upon certification by the
Planning Director that the required land-
scaping program has been completed in accor-
dance with the approved plan and has been
maintained in a satisfactory condition for
two (2) years thereafter
"c Subdivision Plat An official subdivision plat
of the site must accompany the final unit
development plan This plat must conform
to the subdivision ordinance of the City
except as waived by the approved preliminary
plan for the planned unit development The
subdivision shall contain proper dedications
for public streets utility easements and all
other public rights required by the preliminary
plan Approval by the City Council of the final
plan and subdivision plat shall be required
before filing of the subdivision plat or
issuance of building permits
d Final Utility Plans Final detailed engineering
for sewer water electrical street improvements
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and other public improvements must be submitted
to and approved by the City Engineer and the
developer shall execute an agreement in proper
form providing for the installation of such
improvements prior to submission of the final
plan to the Council
e Approval The final plan shall be submitted
to the Planning and Zoning Board which shall
recommend approval of the same to the City
Council unless the final plan fails to conform
to the approved preliminary plan and the require-
ments of this ordinance After review and
recommendation from the Planning and Zoning
Board the final plan shall be submitted to
the City Council for final action
4 Amendments to Final Unit Development Plan Minor
changes in the location sizing height and siting
of buildings and structures may be authorized by
the Planning Director without additional public
hearings if required by engineering or other
circumstances not foreseen at the time the final
plan was approved The Planning Director shall not
approve any of the following changes
"a A change in the use or character of the development
b An increase in the overall coverage of structures
I An increase in the problems of traffic circula-
tion and public utilities
d A reduction by greater than three percent (37)
of the approved open space
e A reduction by greater than one percent (17) of
the off-street parking and loading space
"f A reduction in required pavement widths or
rights-of-way for streets or easements
g An increase of greater than two percent (27) in
the approved gross leasable floor areas of
commercial buildings in either residential or
commercial planned unit developments
'h An increase by greater than one percent (17)
in the approved residential density of the
proposed development
All other changes in use or rearrangement of lots
blocks and bsilding tracts or any changes other
than listed above may be made only by the City
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Council after review and recommendation by the
Planning and Zoning Board Such amendments shall
be made only if they are shown to be required by
changes in conditions that have occurred since the
final plan was approved or by changes in community
Policy Any changes approved in the final plan
shall be recorded as amendments to the final plan
in accordance with the procedures established for
the filing of the initial approved plan documents
5 Time Limit for Validity of the Final Plan The
applicant must begin and substantially complete
the development of an approved planned unit
development within two (2) years from the time
of final approval Extensions for successive
periods of six (6) months may be granted by the
Planning and Zoning Board If the planned unit
development is to be developed in stages the
approved plan shall contain a development schedule
and the applicant must begin and substantially
complete the development of each stage within
two (2) years of the time provided for the start
of construction of each stage in the development
schedule Extensions may be granted by the Planning
and Zoring Board on the same b-isas as for non-
staged developments Failure () 1�vclop within
the time limit set forth herein 5 ali catse a
forfeiture of the right to proceed under the final
plan and require resubmission of all materials and
reapproval of the same
6 Special Conditions for Planned Unit Developments
All planned unit developments shall meet the
requirements herein set forth and no final plan
shall be approved that does not meet these require-
ments
a The Developer shall submit a legal instrument
or instruments setting forth a plan providing
for the permanent care and maintenance of open
spaces recreational areas and communally-
owned facilities and private streets The
same shall be submitted to the City Attorney
and shall not be accepted until approved by
him as to legal form and effect The same
shall then be submitted to the Planning and
Zoning Board for their approval as to suitability
for the proposed use and maintenance of open
areas If the common open space is deeded to
a homeowners ' association the applicant shall
file the proposed documents governing the
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association Such documents shall meet the
following requirements
" (1) The homeowners ' association must be
established before any residences are
sold
(2) Membership in the association must be
mandatory for each residence owner
' (3) Open space restrictions must be permanent
and not for a period of years
"(4) The homeowners association must be made
responsible for liability insurance taxes
and maintenance of recreational and other
facilities
(5) The association must have the power to
levy assessments which can become a lien
on individual premises for the purpose
of paying the cost of operating and main-
taining common facilities
(6) The governing board of any such associa-
tion shall consist of at least five (5)
members who shall be owners of property
in the planned unit development
b Open Space Maintenance Guarantee In the event
the organization established to own and main-
tain common open spaces recreational areas
communally-owned facilities and private
streets or any successor organization shall
at any time fail to maintain the common
facilities in reasonable order and condition
in accordance with the approved plan the City
Council may cause written notice to be served
upon such organization or upon the owners of
property in the development setting forth the
manner in which the common facilities have
failed to be maintained in reasonable condition
which notice shall include the demand that
the deficiencies noted be cured within thirty
(30) days thereafter and shall state the date
and place of a hearing to be held within
fourteen (14) days of the notice At the
time of hearing the City Council may modify
the terms of the original notice as to defi-
ciencies and may extend the time within which
the same may be cured If the deficiencies
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set forth in the original notice or modifica-
tions are not cured within the time set the
City Council in order to preserve the taxable
values of properties within the development
and to prevent the common facilities from
becoming a public nuisance may enter upon
such common facilities and maintain the same
for a period of one (1) year Such entry and
maintenance shall not vest in the public any
right to use the common facilities not dedicated
to public use Before expiration of such year
the City Council shall upon its own initiative
or upon the written request of the organization
theretofore responsible for maintenance call
a public hearing and give notice of such hearing
to the organization responsible for maintenance
or the property owners of the planned unit
development At such hearing the organiza-
tion responsible for maintenance and/or the
residents of the development may show cause
why maintenance by the City of Fort Collins
should not be continued for a succeeding year
If the City Council determines that it is not
necessary for the City to continue such main-
tenance the City shall cease such maintenance
at the time established by the City Council
Otherwise the City shall continue naintenance
for the next succeeding year subject to a
similar hearing and determination at the end
of each year thereafter The cost of main-
tenance by the City shall be a lien against
the common facilities of the planned unit
development and the private properties within
the development The City Council shall have
the right to make assessments against properties
in the development on the same basis that the
organization responsible for maintenance of
the facilities could make such assessments
Any unpaid assessment shall be a lien against
the property responsible for the same enforce-
able the same as a mortgage against such
property The City may further foreclose
its lien on the common facility by certifying
the same to the County Treasurer for collection
as in the case of collection of general property
taxes
"c Guarantees for Open Space Preservation Open
space shown on the approved final plan shall
not be used for the construction of any struc-
tures not shown on the final plan
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' d Substantive Design Standards The following
design standards shall apply to any planned
unit development
(1) Open Space
"(a) Required open space shall comprise
at least thirty percent (307) of the
total_gross area of'anv_residential planned
unit development j
(b) Within such thirty percent (307)
one-half (1/2) of the same may be
developed for planting walkways
and landscape elements The remain-
ing one-half (1/2) shall be developed
for active recreational use and shall
be developed in parcels of not less
than six thousand (6 000) contiguous
square feet and not less than fifty
(50) lineal feet in the smallest
dimension
' (c) Areas devoted to natural or improved
flood control channels and areas
encumbered by flowage floodway or
drainage easements may be used to
partially satisfy the total open
space requirements
" (d) Recreational facilities or structures
and their accessory uses located in
approved areas shall be
considered open space as long as
the total impervious surfaces
(paving roofs etc ) constitute
no more thane ten per cent (lo,) of
the total open space
(e) Public dedications may not contribute
to the open space requirement
(2) Streets The following table presents
the minimum street design standards for
planned unit developments
Place Local Collector
Very Light Light Traffic Local and Thru
0-10 dwelling 11-100 dwelling Thru Traffic
units units
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Place Local Collector
PAVEMENT WIDTH (in feet)
No Parking 20* ---
Parking one side 28 28*x ---
Parking two sides --- 36 44'
RIGHT OF WAY WIDTH 50' 60 80'
SIDEWALKS At least One or Both Both sides
one side sides
SIGHT DISTANCE 75 ' 150' 350
MAXIMUM SPEED 15 mph 25 mph 30 mph
UTILITY EASEMENTS - 6' utility easements will be required
on each side of all streets
r Not to exceed 100' in total length
** Feasibility of parking on one side shall be established
by the number of off street parking spaces provided On
streets with two spaces per dwelling provided the 28
foot street will be recommended
(3) Private Streets
" (a) Private streets not dedicated for
public use shall be designed and
developed in accordance with the
foregoing minimum street design
standards This requirement shall
not apply to accessways serving four
(4) or fewer residences or less than
one hundred (100) feet in total
length
(b) Access for emergency vehicles and
other public vehicles shall be
dedicated over all private streets
(4) Parking Standards
(a) Parking spaces shall be provided
for residential developments as
follows
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Number of Bedrooms Parking Spaces
Per Dwelling Unit Per Dwelling Unit
One 1 5
Two 1 75
Three and above 2
All such parking spaces shall be
off-street parking spaces and each
space shall be accessible and usable
" (b) Parking spaces shall be provided for
nonresidential developments appro-
priate to the type of use as deemed
adequate by the Planning and Zoning
Board
(c) Parking areas shall be arranged so
as to prevent through traffic to other
parking areas
(d) Parking areas shall be screened from
adjacent structures roads and traffic
arteries with hedges dense plantings
earth berms changes in grade or walls
or otherwise
"(e) No more than fifteen (15) parking
spaces shall be permitted in a con-
tinuous row without being interrupted
by landscaping
(f) No more than sixty (60) parking spaces
shall be accommodated in any single
parking area within a residential area
" (g) All parking areas and any off-street
loading area shall be paved and the
design thereof approved by the Planning
and Zoning Board All areas shall be
marked so as to provide for orderly
and safe loading parking and storage
(h) All parking areas shall be adequately
lighted Such lighting shall be so
arranged so as to direct the light
away from adjoining residences
"(i) All parking areas and off-street
loading areas shall be graded and
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drained so as to dispose of all
surface water without erosion
flooding and other inconveniences
(5) Planned Unit Development Perimeters
Where planned unit developments adjoin
public streets or lands with a different
zoning classification a thirty (30) foot
landscaped area shall be installed and
maintained at the perimeter of the
development The detailed landscape
plan for this buffer shall be a part
of the landscape plan filed in conjunc-
tion with the final unit development plan
(6) Signs All proposed signs shall be sub-
mitted as scaled drawings and must con-
form to the provisions of this ordinance
regarding signs The Planning Director
shall have the power to approve signs
conforming to this ordinance but where
extensive signing is proposed he may
submit the proposed signs for approval by
the Planning and Zoning Board
D Commercial 0 E in Res entlnl Districts Totw, t stnn_rnc
any other provision of this ordinance the commercial uses
allowed in the B-L limited Rusiness District - -iall be pei
matted in the R-H 'iah Dersity Residential District and
the commercial uses alloyed in the R-H nigh Density esi-
dential District and the B-L limited District shall be
permitted in the R-L low Density Pesidential District
R-L-P low Density Dlanned Residential District R-^
%edium Density +esidential District R-U lannec residential
District and R-M-p Medium Density Planned Re-idential
District provided that such uses shall be allowed on
if approved on the final development plan Such nonresidential
use shall not exceed a ratio of forty (40) square feet of
floor area devoted to such use per dwelling unit within the
development and all of such uses shall be primarily for the
service and convenience of the residents of the development
Section 2 If any section subsection sentence or part of
this ordinance or the application thereof to any person or cir-
cumstance is declared unconstitutional or otherwise invalid by
any court of competent jurisdiction such invalidity shall not
affect the other sections subsections sentences and parts of
this ordinance or any other application thereof and the City
Council hereby declares that it would have adopted each separate
part of this ordinance as a separate ordinance
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w
Introduced considered favorably upon first reading and
ordered published this 2nd day of Septenber, A D , 1975 and to be
presented for final passage on the 16th day of September A D 1975
zf 4,42,-
ATTEST Mayor
City ClIerk
Passed and adopted on final reading this 16th day of
SEPtenber A D 1975
LZ�e—z �v
ATTEST Mayor
City er
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