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HomeMy WebLinkAbout087 - 06/04/2002 - MAKING VARIOUS AMENDMENTS TO THE LAND USE CODE ORDINANCE NO. 087, 2002 OF THE COUNCIL OF THE CITY OF FORT COLLINS MAKING VARIOUS AMENDMENTS TO THE CITY OF FORT COLLINS LAND USE CODE WHEREAS, on March 18, 1997, by Ordinance No. 51, 1997, the Council of the City of Fort Collins adopted 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 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 fox 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, the staff of the City and the Planning and Zoning Board have reviewed the Land Use Code and identified and explored various issues related to the Land Use Code and have made recommendations to the Council regarding such issues; and WHEREAS, the Council has determined that the Land Use Code amendments which have been proposed are in the best interest of the City and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the Land Use Code be, and hereby is, amended as follows: Section 1. That Section 2.10.2(H)(1) of the Land Use Code is hereby amended to read as follows: (1) by reason of exceptional physical conditions or other extraordinary and exceptional situations unique to such property, including, but not limited to, physical conditions such as exceptional narrowness, shallowness or topography, or physical conditions which hinder the owner's ability to install a solar energy system, the strict application of the standard sought to be varied would result in unusual and exceptional practical difficulties, or exceptional or undue hardship upon the occupant of such property, or upon the applicant, provided that such difficulties or hardship are not caused by the act or omission of the occupant or applicant; or I Section 2. That Section 2.12.2 of the Land Use Code is hereby amended to read as follows: 2.12.2 Petitions for Annexation and Annexation Plats In addition to all state statutory filing and procedural requirements, all petitions for annexation and annexation plats shall be submitted to the City Clerk, with a copy, and application fee, to the Director. The City Clerk shall schedule the petitions for a meeting of the City Council held at least fifteen (15) days after the date the City Clerk receives the petition and plat. Section 3. That the title of Section 3.2.2(K) of the Land Use Code is hereby amended t9 rpad as follows: (K) Parking Lots—Required Number of Off-Street Spaces for Type of Use. Section 4. That Section 3.2.2(K)(1)(a) of the Land Use Code is hereby amended to read as follows: (a) Attached Dwellings: For each two-family and multi-family dwelling there shall be parking spaces provided as indicated by the following table: Number of Bedrooms/Dwelling Unit Parldng Spaces Per Dwelling Unit* One or less 1.5 Two 1.75 Three 2.0 Four and above 2.5 * Spaces that are located in detached residential garages (but not including parking structures) may be credited toward the minimum requirements contained herein only if such spaces are made available to dwelling unit occupants at no additional rental or purchase cost beyond the dwelling unit rental rate or purchase price4. Section 5. That Section 3.2.3(D)(1) of the Land Use Code is hereby amended to read as follows: (1) The physical elements of the development plan shall be, to the maximum extent feasible, located and designed so as not to cast a shadow onto structures on adjacent property greater than the shadow which would be cast by a twenty- five-foot hypothetical wall located along the property lines of the project between the hours of 9:00 am and 3:00 pm, 2 MST, on December 21. This provision shall not apply to structures within the following high-density zone districts: Downtown, Community Commercial. Section 6. That Section 3.3.2(C) of the Land Use Code is hereby amended to read as follows: (C) Development Guarantee and Maintenance and Repair Guarantees. (1) Construction Security. Prior to the issuance of a Development Construction Permit for a new development, the developer must provide to the city a guarantee in the form of a development bond, performance bond, letter of credit, cash, certificate of deposit or other city-approved means to guarantee the completion of all public improvements to be constructed as shown on the approved plans for the development (hereafter referred to as the "construction security"). The amount of the construction security shall be equal to the total cost of the developer's portion of the public improvements, as estimated by the developer and approved by the City Engineer. As progress is made on the construction of the new public infrastructure, the developer may request a reduction in the amount of construction security in proportion to the actual completion percentage of the installed infrastructure. However, draws upon such construction security shall not exceed -the actual cost of completing a deficient development project or making any necessary repairs. Upon receipt of such a request, the city shall verify the completion percentage and permit the substitution of an approved construction security instrument in an amount equal to the cost of the developer's portion of the remaining public improvements. (2) Maintenance/Repair Security. The plat shall contain a two- year maintenance guarantee and a five-year repair guarantee covering all errors or omissions in the design and/or construction. Said guarantees shall run concurrently and shall commence upon the date of completion of the public improvements and acceptance by the city, as described in Section 2.2.3(C)(3) (Execution of Plats/Deeds; Signature Requirements). If a plat is not required or if the plat does not include the entire area being developed, then said maintenance and repair guarantees shall be established 3 in a development agreement. Security for the maintenance guarantee and the repair guarantee (hereinafter referred to as the "maintenance/repair security") shall be in the form of a bond, letter of credit, cash, certificate of deposit, an extension of the security as provided in subsection (1) above or other city-approved means to secure said maintenance and repair. The amount of the maintenance/repair security during the maintenance guarantee period shall be based on a percentage of the cost of the public improvements. Said percentage shall be determined by the City Engineer based on the potential costs of repairs within the development and shall not exceed twenty-five (25) percent. At the conclusion of the two-year maintenance/repair period, representatives of the city and the developer shall jointly conduct an inspection of the development for the purpose of identifying any repairs or maintenance actions necessary before transfer of the maintenance responsibility from the developer to the city. Upon satisfactory completion of said repairs or maintenance actions, the city will assume the responsibility for maintaining the streets and other improvements which have been dedicated to the city. (3) Maintenance/Repair Security Extension. Whether maintenance/repair security must be provided by the developer for the remaining three (3) years of the repair guarantee period shall depend upon the condition of the streets and other public infrastructure within the development. The developer shall not be required to provide such additional maintenance/repair security for streets or infrastructure that, upon inspection by the City Engineer, are found not to exhibit any evidence of deterioration or defect (including, without limitation, excessive cracking, settlements,, deflections, rutting, potholes or other similar defects), other than normal wear and tear. However, if evidence of such deterioration or defect is exhibited, then the existing maintenance/repair security shall be required to be renewed, or a new security shall be required for the final three (3) years of the repair guarantee period. The amount of the maintenance/repair security during the repair guarantee period shall be based on a percentage of the cost of the public improvements. Said percentage shall be determined by the City Engineer based on the potential costs of repairs within the development, shall not exceed twenty-five (25) percent, 4 and may be adjusted if appropriate during the guarantee period. (4) Affordable Housing Security Exemption. Notwithstanding the security requirements contained in subparagraphs (1), (2) and (3) above, applications for the construction of affordable housing projects shall be totally or partially exempt from such security requirements according to the following criteria: (a) The security authorized under this subsection (C) shall be entirely waived for development projects in which one hundred (100) percent of the dwelling units qualify as affordable housing units for sale or for rent. (b) The security authorized under this subsection (C) shall be reduced in direct proportion to the percentage of affordable housing units for sale or v for rent that are provided in the development project (within the authorized waiver range of ten [10] percent to one hundred [100] percent), in accordance with the following formula: number of affordable housing units - total number of housing units x total security required = amount of security waived (c) The security authorized under this subsection (C) shall not be reduced if less than ten (10) percent of the dwelling units within the project qualify as affordable housing units for sale or for rent. (d) In order to determine whether a development project is eligible for a waiver or reduction of fees under this subparagraph (4), any applicant seeking such waiver or reduction must submit documentation evidencing the eligibility of the development project to the City Engineer, who may, upon review of such documentation, reduce the amount of said security in accordance with this subparagraph(4). Prior to the issuance of any certificate of occupancy for the development project, a final determination shall be made by the City Engineer as to whether the development project qualifies for a waiver or reduction of the 5 security. In the event that the City Engineer determines that the development project does not so qualify, security shall be increased to the level required in the applicable subparagraph (1), (2) or (3) above, and the security shall be deposited with the city prior to the issuance of the first certificate of occupancy. Section 7. That Section 3.3.2(F)(1) of the Land Use Code is hereby amended to read as follows: (F) Off-Site Public Access Improvements. (1) Path Improvements. All developments must have adequate access to the city's Improved Arterial Street Network, as described below, or to a street that connects to the Improved Arterial Street Network. Exceptions to the foregoing requirements may be granted for streets which have adequate funds appropriated by the city for improvement to current standards. The developer of any property which does not have such adequate access to an Improved Arterial Street or which does not have such adequate access to streets which connect to the Improved Arterial Street Network, along the primary access routes for the development, shall be required to improve the impacted intervening streets as follows: (a) For arterial and collector streets, such improvements shall consist, at a minimum, of constructing a thirty-six-foot-wide paved street cross section on a base that is adequate to accommodate the ultimate design of the street either (1) as designated on the Master Street Plan, or (2) in accordance with the city design criteria for streets, whichever is applicable. (b) For all other street classifications, the off-site improvements shall be designed and constructed to city standards including, without limitation, curb, gutter, sidewalk and pavement. (c) All streets that connect to the Improved Arterial Street Network shall include the width and improvements necessary to maintain a level of service as defined by Part II of the City of Fort Collins Multi-modal Transportation Level of 6 Service Manual for the length required to connect to the Improved Arterial Street Network. Off-site public access improvements shall be required for all primary access routes that will, in the judgment of the City Traffic Engineer, carry the most trips (per travel mode) generated by the development as defined by the Transportation Impact Study required by Section 3.6.4. To identify the improvements to be made as a condition of approval of the development, the City Engineer shall utilize • a map entitled the "Improved Arterial Street Network" depicting, as nearly as practicable, (1) all existing arterial and collector streets in the city; and (2) the current structural condition of the same. A waiver to these requirements may be granted by the City Engineer for primary access routes which, in the judgment of the City Engineer, are in substantial compliance with the city standards applicable for such routes and are designed and constructed to adequately accommodate the traffic impacts of the development. Section 8. That Section 3.5.1(I)(4) of the Land Use Code is hereby amended as follows: (4) Outside areas, used on a long-term or regular basis for inventory storage or sale, over-stock, seasonal goods, bulk items and the like shall be located within an area that is permanently screened with walls or fences. Materials, colors and design of screening walls or fences shall conform to those used as predominant materials and colors on the building. If such areas are to be covered, then the covering shall conform to those used as predominant materials and colors on the building. Section 9. That Section 3.5.1(I) of the Land Use Code is hereby amended by the addition of a new subparagraph (5) which reads as follows and all subsequent subparagraphs renumbered accordingly: (5) Outside areas that are used on a temporary basis for the sale of seasonal inventory only shall be defined by non- permanent walls or fences. Such an enclosure shall not inhibit fire access to the building or pedestrian and bicycle access to the building entrance. If chain link fencing is used, it must be vinyl-clad or covered with a mesh material. Any such enclosure shall be removed upon the conclusion of the seasonal sale period. Subsections (4) and (5) shall not apply to temporary vendors who have been issued outdoor vendor licenses as required by Section 15-382 of the City Code, provided that such temporary vendors are not permitted to operate for more than sixty (60) days in any calendar year. Section 10. That Section 3.5.3(B)(2)(c) of the Land Use Code is hereby amended to read as follows: (c) Buildings shall be located at least ten (10) and no more than twenty-five (25) feet behind the street right-of-way of an adjoining street that is larger than a two (2) lane arterial that does not have on-street parking. Section 11. That Section 3.5.3(B)(2)(d)2. of the Land Use Code is hereby amended to read as follows: 2. if the building is adjacent to a four (4) lane or six (6) lane arterial street, and the Director has determined that an alternative to the street sidewalk better serves the purpose of connecting commercial destinations due to one (1) or more of the following constraints: a. high volume and/or speed of traffic on the adjacent street(s), b. landform, C. an established pattern of existing buildings that makes a pedestrian- oriented streetfront infeasible. Such an alternative to the street sidewalk must include a connecting walkway(s) and may include internal walkways or other directly connecting outdoor spaces such as plazas, courtyards, squares or gardens. Section 12. That Section 3.5.3(D) of the Land Use Code is hereby amended by the addition of a new subparagraphs (8) and (9) which read as follows: (8) Drive-through lane with limitation. No drive-through facility associated with a retail establishment or large retail establishment shall exceed ten (10) feet in width. 8 (9) Illumination prohibition. Exterior-mounted exposed neon/fiber optic/rope L.E.D. lighting, illuminated translucent materials (except signs), illuminated striping or banding, and illuminated product displays on appurtenant structures (e.g. fuel dispensers) shall be prohibited. Section 13. That Section 3.5.4(C)(3)(a) of the Land Use Code is hereby amended to read as follows: (a) Entrances. All sides of a large retail establishment that directly face an abutting public street shall feature at least one (1) customer entrance. All entrances shall be architecturally prominent and clearly visible from the abutting public street. Where a large retail establishment directly faces more than two (2) abutting public streets, this requirement shall apply only to two (2) sides of the building, including the side of the building facing the primary street, and another side of the building facing a second street. (See Figure 14.) Movie theaters are exempt from this requirement. Section 14. That Section 3.5.4(C)(3)(b) of the Land Use Code is hereby amended to read as follows: (b) Parking lot location. No more than fifty (50) percent of the off-street parking area for the lot, tract or area of land devoted to the large retail establishment shall be located between the front facade of the large retail establishment and the abutting streets (the "Front Parking Area"). The Front Parking Area shall be determined by drawing a line from the front corners of the building to the nearest property corners. If any such line, when connected to the plane of the front facade of the building, creates an angle that is greater than one hundred eighty (180) degrees, then the line shall be adjusted to create an angle of one hundred eighty (180) degrees when connected to the plane of the front facade of the building. If any such line, when connected to the plane of the front facade of the building, creates an angle that is less than ninety (90) degrees, then the line shall be adjusted to create an angle of ninety (90) degrees when connected to the plane of the front facade of the building. 9 Parking spaces in the Front Parking Area shall be counted to include all parking spaces within the boundaries of the Front Parking Area, including (i) all partial parking spaces if the part inside the Front Parking Area boundary lines constitutes more than one-half (1/2) of said parking space, and (ii) all parking spaces associated with any pad sites located within the Front Parking Area boundaries. Supermarkets are exempt from this requirement. Section 15. That Section 3.5.5(D)(3)(a)l. of the Land Use Code is hereby amended to read as follows: 1. twenty-five (25) feet from any arterial right-of-way, and Section 16. That Section 3.6.1 of the Land Use Code is hereby amended by the addition of a new subparagraph (C) which reads in its entirety as follows: (C) Compliance with Access Control Plans. The State Highway Access Control Code and/or any specific access control plan adopted according to that code shall determine the location of all intersections (whether of public streets or private drives or other access ways) with state highways. All development plans that are adjacent to a state or federal highway shall provide the access design facilities, including supporting circulation facilities, identified within any applicable adopted access control plans, when such facilities are needed because of the development plan. In addition, all development plans that are adjacent to any street for which an access control plan has been adopted by the city shall provide the access design facilities, including supporting circulation facilities, identified within such access control plan, when such facilities are needed because of the development plan. Section 17. That Section 3.6.2(L)(2)(a) of the Land Use Code is hereby amended to read as follows: (a) If any-property served by the private drive cannot receive fire emergency service from a public street, then all emergency access design requirements shall apply to the private drive in accordance with Section 3.6.6. An "emergency access easement" must be dedicated to the city for private drives that provide emergency access and such private drives shall not exceed six hundred sixty (660) feet in length. 10 Section 18. That Section 3.6.3(C) of the Land Use Code is hereby amended to read as follows: (C) Spacing of Full Movement Collector and Local Street Intersections With Arterial Streets. Potentially signalized, full- movement intersections of collector or local streets with arterial streets shall be provided at least every one thousand three hundred twenty (1320) feet or one-quarter (1/a) mile along arterial streets, unless rendered infeasible due to unusual topographic features, existing development or a natural area or feature. Section 19. That Section 3.6.6(C) of the Land Use Code is hereby amended to read as follows: (C) Building Placement. All portions of the exterior wall of the first story of any structure must be located within one hundred fifty (150) feet of a public street (except arterial streets) or an approved fire access road in which fire apparatus can be maneuvered. Section 20. That Section 3.8.2(B) of the Land Use Code is hereby amended to read as follows: (B) Day-Care Homes. Day-care homes shall be permitted as an accessory use as defined in Article 5, provided that such homes are licensed by the State of Colorado and that the maximum number of children and the age limitation of children to whom care is provided complies with the State of Colorado regulations for a family child care home, an infant/toddler home, or an experienced family child care provider home. Section 21. That Section 3.8.11(C) of the Land Use Code is hereby amended by the addition of new subparagraphs (5) and (6) which shall read in their entirety as follows: (5) no closer than two (2) feet to a public sidewalk; (6) no closer than three (3) feet to a lot line along an alley where an alley-accessed garage door is set back at least twenty (2) feet from the lot line, and no closer than eight (8) feet to a lot line along an alley where an alley-accessed garage door is set back less than twenty (20) feet from the lot line, except that alley fences on lots in the RL, NCL, NCM and NCB districts may be located closer to the lot line along an alley when the City Engineer approves such a location. 11 Section 22. That Section 3.8.12 of the Land Use Code is hereby amended by the addition of a new subparagraph (E) which reads in its entirety as follows: (E) No adult bookstore, adult novelty store, or adult retail store that, as of June 14, 2002, had adult material in excess of twenty (20) percent of its stock- in-trade, or derived in excess of twenty (20) percent of its revenues from such material, or devoted in excess of twenty (20) percent of its interior business or interior advertising to such material, or maintained in excess of twenty (20) percent of its gross floor area or display space for the sale or rental of such material, shall be allowed to increase its adult material business beyond the percentages that existed on June 14, 2002. Section 23. That Section 4.1(E)(2)(c) of the Land Use Code is hereby amended to read as follows: (c) Minimum lot sizes may be waived by the Planning and Zoning Board, provided that the overall average density of the proposed development does not exceed two (2) dwelling units per gross acre and the density of the cluster development does not exceed five (5) dwelling units per net acre. Section 24. That Section 4.4(B)(2)(b) 2. of the Land Use Code is hereby amended to read as follows: 2. Public and private schools for college, university, vocational and technical education, provided they are located within five hundred (500) feet of East Vine Drive or railroad property adjacent and parallel to East Vine Drive. Section 25. That Section 4.4(B)(3)(c) 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 (3/4) mile from any other such use and from any gasoline station; provided that such use or uses are combined with at least one (1) other use listed in Section 4.4(B)(2)(c)3 above. 2. Enclosed mini-storage facilities, provided they are located on property adjoining the railroad property adjacent and 12 parallel to East Vine Drive, and are located within five hundred (500) feet of such railroad property. 3. Limited indoor recreation establishments, provided they are located within five hundred (500) feet of East Vine Drive or of the railroad property adjacent and parallel to East Vine Drive. 4. Offices, financial services and clinics which are not part of a neighborhood center. Section 26. That Section 4.4(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; offices, financial services and clinics; personal or business service shops; standard or fast food restaurants (without drive-in or drive-through facilities); small animal veterinary clinics; and artisan or photography, studios or galleries. No drive-in facilities shall be permitted. A neighborhood center shall be a maximum of five (5) acres in size, excluding such portion of the neighborhood center which is composed of a school, park, place of worship and assembly and/or outdoor space as defined in subparagraph (e) of this Section. Section 27. That Section 4.4(D)(5) of the Land Use Code is hereby amended by the addition of a new subparagraph (f) which reads in its entirety as follows: (f) Any enclosed mini-storage facility shall include a caretaker's dwelling facing a local or collector street, and any storage unit building frontage along the street shall consist only of rear walls of storage unit buildings and landscaping. Fencing along streets shall be wrought iron, or its visual equivalent, and any fencing along streets that exceeds four (4) feet in height shall be placed in segments between buildings, and not as a continuous perimeter fence. 13 Section 28. That Section 4.9(B)(2) of the Land Use Code is hereby amended to read as follows: (2) The owner of any property in the T District may at any time petition the city to remove the property from this zone district and place it in another zone district. Unless the following time limitations are waived by the petitioner, any such petition shall be referred to the Planning and Zoning Board to be considered at the next regular meeting of such board which is scheduled at least thirty (30) days from the date the petition is filed with the City Clerk. Within sixty (60) days from the date the matter is considered by the board, the City Council shall change the zoning for the property in question to another zone district authorized under this Article. Section 29. That the land use "Places of worship or assembly" contained in Section B. of the chart contained in Section 4.12(B)(2) of the Land Use Code is hereby amended to read as follows: Land Use Old City Center Canyon Avenue Civic Center IeA eKe k M � h -..: �<;i��3'����� .f1't'•�yk�,.� f k�o-�4•v S�'. YN i >4��,ri� S ivAr.� nj�`SS �`Y.�.'i ',.,_��: �� £ 't 3 < }€... �� �� �:. µ —a'M'�,-`.•.'w +iZ � "><» �'�:�.� � � - � .39�7 � ""�aYur� x� s#' �es< ;ij�' n •� � � ,y3��aE�. �..: ;" ,�,,;,�y'?.�, �.e,,�.��' :�,�s:sa�,�,:'�Sst�`�r a'`�m "rT��}a."3•,, r�R e x€ ..`E°u•�,,: a �ns, �,. �a § a"�',x E- � �"� 'r s� ,s= ;n e° �a��+�'.� ����,,,�` r�: z�. t� :,t,w .. ... .._" ...••.�,, Y ,�..VF£ � �.k��"`3S� h a� r'�3 xi<au,.,e -� M-x �, �M. Places of worship or Type 1 Type 1 Type 2 assembly Section 30. That the land uses "Grocery stores" and "Fast food restaurants" contained in Section C. of the chart contained in Section 4.12(B)(2) of the Land Use Code are hereby amended to read as follows: Land Use Old City Center Canyon Avenue 3' Civic Center a o`' 's,"it• r r ss f `s �.k"' e'eri �, ; ex�.: a{ ac t i s k � C� �,.'� `' �i*�,E• r� a�a b z�r :7 v 5q �'� ,�,is@�, 3}c i y' .F �''?' a i ry R"S>45; s t �„�+,<a h :�iv r .�t s teary�^� � •��• � .� aka � z , ,i, �, a,:.� ��-�t'`� � -.d v + �; ° T `�- ti;• ' ..,.✓.,..,:- n,_°'� f ��'�. ti E �.s. i, � d t$.- ,� w � 1"�3:s � � D`x'` z a"� v.� u. a� Grocery stores(occupying Not Permitted Type 1 Type 1 between five thousand [5,0001 and twenty-five thousand [25,000] square feet) Fast food restaurants BP Type 1 Type 1 (without drive-in or drive- through facilities) 14 Section 31. That Section 4.13(B)(2)(c)l. of the Land Use Code is hereby amended to read as follows: 1. Standard and fast food restaurants (without drive-in or drive-through facilities). Section 32. That Section 4.13(B)(2)(c)2. of the Land Use Code is hereby amended to read as follows: 2. Grocery stores (occupying between five thousand [5,0001 and twenty-five thousand [25,000] square feet). Section 33. That Section 4.14(B)(2)(c)3. of the Land Use Code is hereby amended to read as follows: 3. Fast food restaurants (without drive-in or drive-through facilities). Section 34. That Section 4.14(B)(2)(c)7. of the Land Use Code is hereby amended to read as follows: 7. Grocery stores (occupying between five thousand [5,000] and twenty-five thousand [25,000] square feet). Section 35. That Section 4.14(B)(3)(c)8. of the Land Use Code is hereby amended to read as follows: 8. Convenience retail stores with fuel sales, provided they are at least three thousand nine hundred sixty (3,960) feet (3/4 mile) from any other such use and from any fueling station. Section 36. That Section 4.15(B)(2)(c)2. of the Land Use Code is hereby amended to read as follows: 2. Standard and fast food restaurants (without drive-in or drive-through facilities). 15 Section 37. That Section 4.15(B)(2)(c)3. of the Land Use Code is hereby amended to read as follows: 3. Grocery stores (occupying between five thousand [5,0001 and twenty-five thousand [25,000] square feet). Section 38. That Section 4.15(B)(3)(c)l. of the Land Use Code is hereby amended to read as follows: 1. Convenience retail stores with fuel sales, provided that they are at least three thousand nine hundred sixty (3,960) feet (3/a mile) from any other such use and from any fueling station. Section 39. That Section 4.16(B)(2)(c)2. of the Land Use Code is hereby amended to read as follows: 2. Standard and fast food restaurants (without drive-in or drive-through facilities). Section 40. That Section 4.16(B)(2)(c)3. of the Land Use Code is hereby amended to read as follows: 3. Grocery stores (occupying between five thousand [5,000] and twenty-five thousand [25,000] square feet). Section 41. That Section 4.17(B)(2)(c)2. of the Land Use Code is hereby amended to read as follows: 2. Standard and fast food restaurants (without drive-in or drive-through facilities). Section 42. That Section 4.18(A) of the Land Use Code is hereby amended to read as follows: (A) Purpose. The Commercial - North College District is intended for high traffic commercial corridors where a range of uses is encouraged to create a transition from commercial operations on a highway, arterial street or rail spur, to less intensive use areas or residential neighborhoods. This designation is only for areas identified for its application in the North College Corridor Plan. 16 Section 43. That Section 4.18(B)(2)(c)2. of the Land Use Code is hereby amended to read as follows: 2. Standard and fast food restaurants (without drive-in or drive-through facilities). Section 44. That Section 4.18(B)(2)(c)36. of the Land Use Code is hereby amended to read as follows: 36. Grocery stores (occupying between five thousand [5,000] and twenty-five thousand [25,000] square feet). Section 45. That Section 4.19(B)(2)(c)2. of the Land Use Code is hereby amended to read as follows: 2. Fast food restaurants (without drive-in or drive-through facilities). Section 46. That Section 4.19(B)(2)(c)4. of the Land Use Code is hereby amended to read as follows: 4. Grocery stores (occupying between five thousand [5,000] and twenty-five thousand [25,000] square feet). Section 47. That Section 4.19(B)(2)(c)8. of the Land Use Code is hereby amended to read as follows: 8. Convenience retail stores with fuel sales, provided they are at least three thousand nine hundred sixty (3,960) feet (3/4 mile) from any other such use and from any fueling station. Section 48. That Section 4.20(B)(1)(c)12. of the Land Use Code is hereby amended to read as follows: 12. Fast food restaurants (without drive-in or drive-through facilities). 17 Section 49. That Section 4.21(B)(2)(c) of the Land Use Code is hereby amended by the addition of a new subparagraph 5. which reads in its entirety as follows: 5. Open air farmers market in neighborhood, community and regional shopping centers only. Section 50. That Section 4.21(B)(3)(b) of the Land Use Code is hereby amended by the addition of a new subparagraph 3. which reads in its entirety as follows: 3. Places of worship or assembly. Section 51. That Section 4.21(13)(2)(g) of the Land Use Code is hereby amended to read as follows: (g) Residential uses (except mixed use dwellings when the residential units are stacked above a primary use which occupies the ground floor). Section 52. That Section 4.21(D)(2) of the Land Use Code is hereby amended by the addition of a new subparagraph (o) which reads in its entirety as follows: (o) Places of worship or assembly. Section 53. That Section 4.21(D)(6) of the Land Use Code are hereby amended to read as follows: (6) Access to a park, central feature or gathering place. Within any development proposal that contains a residential component at least ninety (90) percent of the dwellings shall be located within one thousand three hundred twenty (1,320) feet (one-quarter [1/a] 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 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: (a) Public parks, recreation areas or other open lands. (b) Privately owned parks meeting the following criteria: 1. Size. In development projects greater than two (2) acres in gross area, such private 18 parks must be a minimum of ten thousand (10,000) square feet. In development projects with a gross area of two (2) acres or less, such private parks must be a minimum of six (6) percent of the gross site area. 2. Location. Such parks must be highly visible, secure settings formed by the street layout and pattern of lots and easily observed from streets. Rear facades and rear yards of dwellings shall not abut more than two (2) sides or more than fifty (50) percent of the perimeter frontage of the park. 3. Accessibility. All parts of such parks shall be safely and easily accessible by pedestrians, and open to the public. 4. Facilities. Such parks shall consist of multiple-use turf areas, walking paths, plazas, pavilions, picnic tables, benches or other features for various age groups to utilize. 5. Ownership and Maintenance. Such parks may, in the discretion of the city, be acquired by the city (through dedication or purchase), or be privately owned and maintained by the developer or property owners' association. 6. Storm Drainage. When integrating storm drainage and detention functions to satisfy this requirement, the design of such facilities shall not result in slopes or gradients that conflict with other recreational and civic purposes of the park. (c) Community facilities or neighborhood support/recreation facilities (which are permitted as an accessory use to housing). If such facility is smaller than the required minimum size for privately owned parks as required in subparagraph (b) above, then the facility shall be physically integrated with such park space as needed to meet the required minimum size. 19 Section 54. That Section 4.21(D)(7) of the Land Use Code is hereby deleted in its entirety: Section 55. That Section 4.22(B)(3)(b) of the Land Use Code is hereby amended by the addition of a new subparagraph 7. which reads in its entirety as follows: 7. Places of worship or assembly. Section 56. That Section 4.22(B)(3)(c)l. of the Land Use Code is hereby amended to read as follows: 1. Standard and fast food restaurants (without drive-in or drive-through facilities). Section 57. That Section 4.22(D)(2) of the Land Use Code is hereby amended by the addition of a new subparagraph (w) which reads in its entirety as follows: (w) Places of worship or assembly. Section 58. That Section 4.22(D)(7) of the Land Use Code is hereby amended to read as follows: (7) Access to a park, central feature or gathering place. Within any development proposal that contains a residential component at least ninety (90) percent of the dwellings of a residential development proposal shall be located within one thousand three hundred twenty (1,320) feet (one-quarter [1/a] 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 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: (a) Public parks, recreation areas or other open lands. (b) Privately owned parks meeting the following to the criteria: 1. Size. In development projects greater than two (2) acres in gross area, such private parks must be a minimum of ten thousand (10,000) square feet. In development projects with a gross area of two (2) acres or 20 less, such private parks must be a minimum of six (6) percent of the gross site area. 2. Location. Such parks must be highly visible, secure settings formed by the street layout and pattern of lots and easily observed from streets. Rear facades and rear yards of dwellings shall not abut more than two (2) sides or more than fifty (50) percent of the perimeter frontage of the park. 3. Accessibility. All parts of such parks shall be safely and easily accessible by pedestrians, and open to the public. 4. Facilities. Such parks shall consist of multiple-use turf areas, walking paths, plazas, pavilions, picnic tables, benches or other features for various age groups to y utilize. 5. Ownership and Maintenance. Such parks may, in the discretion of the city, be acquired by the city (through dedication or purchase), or be privately owned and maintained by the developer or property owners' association. 6. Storm Drainage. When integrating storm drainage and detention functions to satisfy this requirement, the design of such facilities shall not result in slopes or gradients that conflict with other recreational and civic purposes of the park. (c) Community facilities or neighborhood support/recreation facilities (which are permitted as an accessory use to housing). If such facility is smaller than the required minimum size for privately owned parks as required in subparagaph (b) above, then the facility shall be physically integrated with such park space as needed to meet the required minimum size. 21 Section 59. That Section 4.22(D)(8) of the Land Use Code is hereby deleted in its entirety: Section 60. That Section 4.23(B)(3)(c)2. of the Land Use Code is hereby amended to read as follows: 2. Standard and fast food restaurants (without drive-in or drive-through facilities). Section 61. That Section 4.23(B)(3)(c)5. of the Land Use Code is hereby amended tp rpad as follows: 5. Convenience retail stores with fuel sales, provided they are at least three thousand nine hundred sixty (3,960) feet (3/4 mile) from any other such use and from any fueling station. Section 62. That Section 5.1.1 of the Land Use Code is hereby amended to read as follows: 5.1.1 General. For words, terms and phrases used in this Land Use Code that are not defined in Section 5.1.2, below, or elsewhere in this Land Use Code, the Director shall have the authority and power to interpret or define such words, terms and phrases. In making such interpretations or definitions, the Director may.consult secondary sources related to the planning and legal professions, such as Black's Law Dictionary (West Publishing Company, St. Paul, Minn., most current edition), A Survey of Zoning Definitions - Planning Advisory Service Report Number 421, edited by Tracy Burrows, (American Planning Association. Chicago, Ill. 1989) and The New Illustrated Book of Development Definitions, by Harvey S. Moskowitz and Carl G. Lindbloom (Center for Urban Policy Research, Rutgers University. N.J. 1997, or most current edition), for technical words, terms and phrases, or Webster's Third New International Dictionary (Unabridged) (Merriam-Webster, Inc., Springfield. Mass. 1986), as supplemented, for other words, terms and phrases. Section 63. That the definition of"Adult-orientated use" in Section 5.1.2 of the Land Use Code is hereby amended to read as follows: Adult-oriented use shall mean a use of property where the principal use, or a significant or substantial adjunct to another use of the property, is the sale, rental, or display of adult material, or is an offering of live entertainment, dancing or 22 material which is distinguished or characterized by its emphasis on depicting, exhibiting, describing or relating to "specified sexual activities" or "specified anatomical areas" as the primary attraction to the premises, including, but not limited to: (1) Adult bookstore, adult novelty store or adult retail store: any establishment that has adult material as a significant or substantial portion of its stock-in-trade, or derives a significant or substantial portion of its revenues from such material, or devotes a significant or substantial portion of its interior business or interior advertising to such material, or maintains a substantial or significant portion of its gross floor area or display space for the sale or rental, for any form of consideration, of such material including, but not limited to, books, magazines, newspapers, movie films, slides or other photographic or written material, video tapes, video disks, computer software and/or other items or devices. For the purpose of this subparagraph (1), "significant or substantial" shall mean more than twenty (20) percent; (2) Adult cabaret, restaurant or place of business: a cabaret, restaurant or place of business which features waitresses, waiters, dancers, go-go dancers, exotic dancers, strippers, male or female impersonators or similar entertainers attired in such manner as to display "specified anatomical areas." (3) Adult hotel or motel: any hotel or motel in which the presentation of adult material is the primary or principal attraction; (4) Adult mini-motion picture theater: any theater or establishment with a capacity of less than fifty (50) persons in which the presentation of adult material is the primary or principal attraction; (5) Adult motion picture theater: any theater or establishment with a capacity of fifty (50) or more persons in which the presentation of adult material is the primary principal attraction; (6) Adult photo studio: any establishment which, upon payment of a fee, provides photographic equipment and/or models for the purpose of photographing, sketching, drawing, painting or sculpturing "specified anatomical areas", but shall not include a private school licensed by the State of Colorado or a college,junior college or university supported entirely or in part by public funds or a private college or university that maintains and operates educational programs in which credits are transferable to a college, junior college or university supported entirely or in part by public funds. 23 (7) Other adult amusement or entertainment: any other amusement, entertainment or business which is distinguished or characterized by an emphasis on acts or adult material depicting, describing or relating to "specified sexual activities" or "specified anatomical areas." Section 64. That the definition of"Adult material" in Section 5.1.2 of the Land Use Code is hereby amended to read as follows: Adult material shall mean any material including, but not limited to, books, magazines, newspapers, movie films, slides or other photographic or written materials, video tapes, video disks, computer software and/or other items or devices which are distinguished or characterized by their emphasis on depicting, describing or relating to "specified anatomical areas" or "specified sexual activities." Section 65. That the definition of "Child care center" in Section 5.1.2 of the Land Use Code is hereby amended to read as follows: Child care center shall mean a facility, by whatever name known, which is maintained for the whole or part of a day for the care of seven (7) or more children under the age of sixteen (16) years who are not related to the owner, operator or manager, whether such facility is operated with or without compensation for such care and with or without stated educational purposes, except that a child care center shall not include any of the following three (3) types of family care homes as defined by the State of Colorado: family child care home, infant/toddler home, or experienced family child care provider home. The term includes, but is not limited to, facilities commonly known as day-care centers, day nurseries, nursery schools, preschools, play groups, day camps, summer camps, large child care homes as defined by the State of Colorado, centers for mentally retarded children and those facilities which give twenty-four- hour per day care for dependent and neglected children. Child care centers are also those facilities for children under the age of six (6) years with stated educational purposes which are operated in conjunction with a public, private or parochial college or a private or parochial school, except that the term shall not apply to a kindergarten maintained in connection with a public, private or parochial elementary school system of at least six (6) grades. Section 66. That Section 5.1.2 of the Land Use Code is hereby amended by the addition of a new definition "Dormitory" which reads in its entirety as follows: Dormitory shall mean a building used as group living quarters for students or religious adherents as an accessory use for a bona fide college, university, boarding school, seminary, convent, monastery, or other similar institutional use. 24 Section 67. That subsection (1) in the definition of "Family-care home" in Section 5.1.2 of the Land Use Code is hereby amended to read as follows: (1) Day-care home shall mean a facility licensed by the State of Colorado that provides on a regular basis in a place of residence, less than twenty-four (24) hour care for two (2) or more children from different family households who are not related to the caregiver. Such a facility may be any of the following three (3) types of family care homes as defined by the State of Colorado: family child care home, infant/toddler home, or experienced family child care provider home. Section 68. That the definition of "Large retail establishment" in Section 5.1.2 of the Land Use Code is hereby amended to read as follows: Large retail establishment shall mean a retail establishment, or any combination of retail establishments in a single building or in separate but abutting buildings, or a movie theater or an indoor recreational use, occupying more than twenty-five thousand (25,000) gross square feet of floor area. Section 69. That the definition of "Limits of development" in Section 5.1.2 of the Land Use Code is hereby amended to read as follows: Limits of development shall mean the areas described and established pursuant to Section 3.4.1(N). Section 70. That the definition of "Lot line,front" in Section 5.1.2 of the Land Use Code is hereby amended to read as follows: Lot line, front shall mean the property line dividing a lot from a street. On a corner lot only one (1) street line shall be considered as a front line, and the street to which the primary entrance of the principal building faces or to which the building is addressed, shall be considered the front line. Section 71. That the definition of "Marginal-access street" in Section 5.1.2 of the Land Use Code is hereby amended to read as follows: Marginal-access street shall mean a local street which is parallel to and adjacent to expressways or arterials and which provides access to abutting properties and protection from through traffic. Section 72. That the definition of "Neighborhood service center" in Section 5.1.2 of the Land Use Code is hereby amended to read as follows: Neighborhood service center shall mean a shopping and service center, approximately fifteen (15) acres in size, designed to meet consumer demands 25 from an adjacent neighborhood. The primary functional offering is usually a supermarket with an approximately equivalent amount of associated mixed retail and service-oriented gross square footage. Other functional offerings may include employment uses, such as offices and/or commercial development traditionally located along arterial streets. Section 73. That Section 5.1.2 of the Land Use Code is hereby amended by the addition of a new definition "Parking structure" which reads as follows: Parking structure shall mean a building or structure consisting of more than one (1) level and principally used to park motor vehicles. Section 74. That subparagraph (3) in the definition of "Sign" in Section 5.1.2 of the Land Use Code is hereby amended to read as follows: (3) works of art which in no way identify the name of a business and which in the judgement of a reasonably prudent person are not displayed in conjunction with a commercial enterprise for the purpose, or with the effect, of advertising a product or service offered by a business located on the property where such work of art is displayed; Introduced and considered favorably on first reading and ordered published this 21 st day of May, A.D. 2002, and to be presented for final passage on the 4th day of June, A.D. 2002. � ^ E Mayor pro T.0 V TTEST: City Clerk Passed and adopted on final reading this 4th day of June, A.D. 2002. Mayor ST City Clerk 26