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HomeMy WebLinkAbout107 - 06/19/2001 - MAKING VARIOUS AMENDMENTS TO THE LAND USE CODE ORDINANCE NO. 107, 2001 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 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, staff 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 as follows: Section 1. That Section 1.4 of the Land Use Code is hereby amended by adding a new subsection 1.4.10 to read as follows: 1.4.10 Rules for Measuring Distances When a distance is required between uses as set forth in Articles 3 or 4, the distance shall be measured in a straight line from the closest point on the boundary line of one property to the closest point on the boundary line of the other property. Section 2. That Section 2.1.4(A)(3) of the Land Use Code is hereby amended to read as follows: (3) The owner of the property has obtained permission from the appropriate decision maker to amend the approved development plan in accordance with Division 2.2, in which event the property shall be developed according to the amended plan; Section 3. That Section 2.2.10(A)(1) of the Land Use Code is hereby amended by the addition of a new subparagraph (e)to read as follows: 1 (e) the minor amendment does not result in new buildings, building additions, or site improvements, such as parking lots and landscaping, that are proposed to be located outside the boundaries of the approved site specific development plan. Section 4. That Section 2.2.10(A)(2) of the Land Use Code is hereby amended by the addition of a new subparagraph(e) to read as follows: (e) the minor amendment does not result in new buildings, building additions, or site improvements, such as parking lots and landscaping, that are proposed to be located outside the boundaries of the approved site specific development plan. Section 5. That Section 2.2.11(A) of the Land Use Code is hereby amended to read as follows: (A) Application Submittals. An application submitted to the city for the review and approval of a development plan must be diligently pursued and processed by the applicant. Accordingly, the applicant, within ninety (90) days of receipt of written comments and notice to respond from the city on any submittal (or subsequent revision to a submittal) of an application for approval of a development plan, shall file such additional or revised submittal documents as are necessary to address such comments from the city. If the additional submittal information or revised submittal is not filed within said period of time, the development application shall automatically lapse and become null and void. The Director may grant one (1) extension of the foregoing ninety-day requirement, which extension may not exceed sixty (60) days in length, and one (1) additional extension which may not exceed thirty (30) days in length. This subsection (A) shall apply to applications which are, or have been, filed pursuant to this Land Use Code and to applications which are, or have been, filed pursuant to the laws of the city for the development of land prior to the adoption of this Land Use Code. Section 6. That Section 2.3.2(H)(1) of the Land Use Code is hereby amended to read as follows: (1) The overall development plan shall be consistent with the permitted uses and applicable zone district standards (Article 4) of all zone districts contained within the boundaries of the overall development plan. The Plan shall also be consistent with any zone district standards (Article 4) and general development standards (Article 3) that can be applied at the level of detail required for an overall development plan submittal. If the overall development 2 plan contains any land within the M-M-N, C-C and/or N-C Districts, the plan shall be consistent with the block size requirements for those districts. Section 7. That Section 2.3.2(H)(4) of the Land Use Code is hereby amended to read as follows: (4) The overall development plan shall conform to the Master Street Plan requirements and the street pattern/connectivity standards both within and adjacent to the boundaries of the plan as required pursuant to Sections 3.6.1 and 3.6.3(A) through (F). The overall development plan shall identify appropriate transportation improvements to be constructed and shall demonstrate how the development, when fully constructed, will conform to the Transportation Level of Service Requirements as contained in Section 3.6.4. Section 8. That Section 2.8.2(H)(1) of the Land Use Code is hereby amended to read as follows: (1) the plan as submitted will promote the general purpose of the standard for which the modification is requested equally well or better than would a plan which complies with the standard for which a modification is requested; or Section 9. That Section 2.9.2 of the Land Use Code is hereby amended to read as follows: 2.9.2. Applicability Any and all amendments to the text of this Land Use Code and any and all changes to the Zoning Map must be processed in accordance with this Division. Commencing one (1) year after the effective date of this Land Use Code, amendments to the Zoning Map shall be processed only twice per calendar year pursuant to the submittal and hearing date schedule established pursuant to Section 2.2.3(D); provided, however, that this limitation shall not apply to petitions for amendments to the Zoning Map initiated by the owners of properties in the Transition District, which petitions shall be governed by the provisions of Section 4.9(B)(2), or to initial Zoning Map amendments following annexation, or to Zoning Map amendments which are founded upon the adoption and implementation of a subarea plan. Only the Council may, after recommendation of the Planning and Zoning Board, adopt an ordinance amending the text of this Land Use Code or the Zoning Map in accordance with the provisions of this Division. 3 Section 10. That the title of Section 2.10 of the Land Use Code is hereby amended to read as follows: DIVISION 2.10 VARIANCES(BY THE ZONING BOARD OF APPEALS) Section 11. That Section 2.10.1 of the Land Use Code is hereby amended to read as follows: 2.10.1 Purpose and Applicability The purpose of this Division is to authorize, in specific cases, variances from the terms of Articles 3 and 4 or, if applicable, Articles I through IV of the Transitional Land Use Regulations. However, this variance procedure shall apply only to approved site specific development plans or to properties that were developed pursuant to a Building Permit review or use-by-right under prior law and shall only authorize a variance from the terms of Articles 3 and 4 as provided in this Division. It shall not authorize a change in use other than to a use that is allowed subject to Building Permit review. Also, the variance shall not be used for overall development plans, project development plans or final plans which are pending approval at the time that the request for the variance is filed. The process to be used for such pending development applications is the procedure established in Division 2.8 (Modification of Standards). Section 12. That the title and opening paragraph of Section 2.10.2 of the Land Use Code is hereby amended to read as follows: 2.10.2 Variance Review Procedures A variance shall be processed according to, in compliance with and subject to the provisions contained in Division 2.1 and Steps 1 through 12 of the Common Development Review Procedures (Sections 2.2.1 through 2.2.12, inclusive) as follows: Section 13. That Section 2.10.2(C) of the Land Use Code is hereby amended to read as follows: (C) Step 3 (Development Application Submittal): All items or documents required for variances as described in the development application submittal master list shall be submitted. The Director may waive or modify the foregoing submittal requirements if, given the facts and circumstances of the specific application, a particular requirement would either be irrelevant, immaterial, redundant or otherwise unnecessary for the full and complete review of the application. Section 14. That Section 2.10.2(G) Step 7(A) of the Land Use Code is hereby amended to read as follows: 4 (G) Step 7(A) (Decision Maker): Not applicable, and in substitution for Section 2.2.7(A), the Zoning Board of Appeals, pursuant to Chapter 2 of the City Code, shall review, consider and approve, approve with conditions, or deny applications for variance based on its compliance with all of the standards contained in Step 8. Section 15. That Section 2.10.2(H)(2) of the Land Use Code is hereby amended to read as follows: (2) the proposal as submitted will promote the general purposes of the standard for which the variance is requested equally well or better than would a proposal which complies with the standard for which the variance is requested. Section 16. That Section 2.10.2(K) of the Land Use Code is hereby amended to read as follows: (K) Step 11 (Lapse): Any variance which applies to the issuance of a Building Permit shall expire six (6) months after the date that such variance was granted, unless all necessary permits have been obtained; provided, however, that for good cause shown, the Zoning Board of Appeals may authorize a longer term if such longer term is reasonable and necessary under the facts and circumstances of the case, but in no event shall the period of time for obtaining all necessary permits under a variance exceed twelve (12) months in length. One (1) six-month extension may be granted by the Zoning Board of Appeals. Section 17. That Section 3.2.1(13)(4) of the Land Use Code is hereby amended to read as follows: (4) Tree Species and Minimum Sizes. The Director shall provide a recommended list of trees which shall be acceptable to satisfy the requirements for landscape plans, including approved canopy shade trees that may be used as street trees. The following minimum sizes shall be required (except as provided in subparagraph (5)below): Type Minimum Size Canopy Shade Tree 2.0" caliper balled and burlapped or equivalent Evergreen Tree 6.0' height balled and burlapped or equivalent Ornamental Tree 1.5" caliper balled and burlapped or equivalent Shrubs 5 gallon or adequate size consistent with design intent 5 Canopy Shade Tree as a street tree on a Residential Local Street only 1.25" caliper container or equivalent Any tree plantings that are in addition to those that are made as part of the approved landscape plan are exempt from the foregoing size requirements. Section 18. That Section 3.2.1(D) of the Land Use Code is hereby amended by the addition of a new subparagraph(5)to read as follows: (5) Reduced Minimum Sizes for Affordable Housing Projects. In any affordable housing project, the following minimum sizes shall be required: Type Minimum Size Canopy Shade Tree 1.0" caliper container or equivalent Evergreen Tree 4.0'height container or equivalent Ornamental Tree 1.0" caliper container or equivalent Shrubs 1 gallon Canopy Shade Tree as a street tree on a Local or Collector Street only 1.25" caliper container or equivalent Section 19. That Section 3.2.2(K)(5)(c) of the Land Use Code is hereby amended to read as follows: (c) Marking. Every handicap parking space shall be identified by a sign, centered between three (3) feet and five (5) feet above the parking surface, at the head of the parking space. The sign shall include the international symbol of accessibility and state RESERVED, or equivalent language. Section 20. That Section 3.3.2(F)(2) of the Land Use Code is hereby amended to read as follows: (2) Costs and Reimbursements. When any person constructs a street, sidewalk, alley or path through undeveloped areas or areas that may be redeveloped to serve the property or constructs such improvements along the perimeter of the property, the entire cost of such construction (including right-of-way acquisition) shall be the responsibility of such person. If, within twelve (12) months of the completion and acceptance by the city of such improvements, the developer installing such improvements has entered into a reimbursement agreement with the city in the manner prescribed by this Section, then, at the time such property is developed or redeveloped and access to such improvements is accomplished, the city may 6 collect a charge per front foot from the abutting developer prior to the issuance of any Building Permits for the abutting property; provided, however, that the city shall not attempt to make such collection unless the reimbursement agreement has been timely and properly prepared, executed and delivered to the city. If the front foot charge is collected, the city shall reimburse the installing developer to the extent of such collection after deducting a service charge of three (3) percent to cover administrative costs. All costs for the construction (including right-of-way acquisition) of street improvements must be fully paid by the installing developer before such person shall be entitled to reimbursement under any agreement established hereunder. The amount of the reimbursement assessed by the city for each adjacent property as it develops shall be based on (1) the fair market value (as determined by the city) of any right-of-way acquired by the installing developer that was needed for, and is directly attributable to, the improvements, and (2) the original cost of design and construction of the improvements plus an adjustment for inflation based on the construction cost index for Denver, Colorado, as published monthly by "Engineering News Record." In no case shall the front foot charge reflect less than the original cost as submitted by the installing developer and approved by the City Engineer. The original cost of the right-of-way and design and construction shall mean the cost of right-of-way acquisition, financing, engineering, construction and any other costs actually incurred which are directly attributable to the improvements, including any costs incurred for the formation or administration of a special improvement district. The city's obligation to reimburse the installing developer shall be contingent upon the city's actual collection of the front foot charge from the abutting developer. In order to obtain approval of a reimbursement agreement from the city, the installing developer shall provide the City Engineer with copies of the following, after acceptance crf the improvements: (a) real estate closing documents and/or appraisals or other documents showing to the satisfaction of the city the fair market value of the right-of- way for the improvements; (b) an invoice from the installing developer's engineer for any fee assessed on the project; (c) the contractor's application for final payment approved by the installing developer's engineer; (d) a letter from the installing developer and/or contractor certifying that final payment has been received by the contractor; (e) a letter from the installing developer and/or engineer certifying that final payment of engineering fees has beer_made; (f) a map prepared by a licensed engineer or surveyor which shows: 7 1. the location of the improvements constructed; 2. the name of the owner of each property which has frontage along the improvements; 3. the frontage of each property abutting the improvements, together with the assessment due based on the original costs; 4. the acreage and parcel number of each property abutting the improvements; 5. a reference to the book, page and reception number from the records of the county Clerk and Recorder where the information for each property was obtained; and 6. any other information deemed necessary by the City Engineer. Any right to reimbursement pursuant to this provision shall not exceed a period of ten (10) years from the acceptance by the city of the street improvements. The City Council may approve extensions of the reimbursement agreement for additional ten-year periods. No such reimbursement shall be made unless the person entitled to reimbursement has fully satisfied his or her obligations under any other reimbursement agreements with the city. Section 21. That Section 3.4.4 of the Land Use Code is hereby amended to read as follows: 3.4.4 Noise and Vibration The proposed land uses and activities shall be conducted so that any noise generated on the property will not violate the noise regulations contained in the city's Noise Control Ordinance (Chapter 20, Article II of the City Code), and so that any vibration created by the use of the property will be imperceptible without instruments at any point along the property line. Noise generated by emergency vehicles and airplanes shall be exempted from the requirements of this provision. Section 22. That Article 3 of the Land Use Code is hereby amended by the addition of a new Division 3.4.9 to read as follows: 3.4.9 Promotion of Conservation In order to promote the conservation of the Ci's water, soil, electric and natural gas resources, any provision contained in any private covenant or other agreement affecting real property made or recorded on or after July 1, 2001, which has the effect of prohibiting any owner of private property from installing xeriscape (water-conserving) landscaping, solar/photo-voltaic collectors (if mounted flush 8 upon any established roofline), clothes lines (if located in backyards and if completely screened from view from public streets) or odor controlled compost bins shall be null and void and shall not be enforceable by any person or entity. Section 23. That Section 3.5.1(D) of the Land Use Code be deleted in its entirety as follows and all subsequent subparagraphs be renumbered accordingly: Section 24. That Section 3.5.1(H)(1)(a)4. of the Land Use Code is hereby amended to read as follows: 4. Neighborhood Scale. Buildings or structures greater than forty (40) feet in height shall be compatible with the scale of the neighborhoods in which they are situated in terms of relative height, height to mass, length to mass, and building or structure scale to human scale. The transition between any building or structure over forty (40) feet in height and the adjacent neighborhood shall not be abrupt. Section 25. That Section 3.5.2(C) of the Land Use Code is hereby amended to read as follows: (C) Relationship of Dwellings to Streets and Parking. (1) Orientation to a Connecting Walkway. Every front facade with a primary entrance to a dwelling unit shall face the adjacent street to the extent reasonably feasible. Every front facade with a primary entrance to a dwelling unit shall face a connecting walkway with no primary entrance more than two hundred (200) feet from a street sidewalk. The. following exceptions to this standard are permitted: (a) Up to two (2) single family detached dwellings on an individual lot that has frontage on either a public or private street. (b) A primary entrance may be up to three-hundred fifty (350) feet from a street sidewalk if the primary entrance faces and opens directly onto a connecting walkway that qualifies as a major walkway spine. (c) If a multifamily building has more than one (1) front facade, and if one (1) of the front facades faces and opens directly onto a street sidewalk, the primary entrances 9 located on the other front facade(s) need not face a street sidewalk or connecting walkway. (2) Street-Facing Facades. Every building containing four (4) or more dwelling units shall have at least one (1) building entry or doorway facing any adjacent street that is smaller than a full arterial or has on-street parking. �,,,�,,�»a►p�ies�6r�EXplanatlog3 Section 26. That Section 3.6.2(L)(2)(e) and (f) of the Land Use Code are hereby amended to read as follows: (e) The connection of a private drive with a public street shall be made in accordance with city street standards. (fj If drainage from a private drive is channeled or directed to a public street, such drainage shall be in accordance with city street standards. Section 27. That Section 3.6.6 of the Land Use Code is hereby amended to read as follows: 3.6.6 Emergency Access (A) Purpose. This Section is intended to ensure that emergency vehicles can gain access to, and maneuver within, the project so that emergency personnel can provide fire protection and emergency services without delays. (B) General Standard All developments shall provide adequate access for emergency vehicles and for those persons rendering fire protection and emergency services. (1) Any emergency access requirement may be modified by the Fire Marshal pursuant to the procedures set forth in the Fire Code when structures are provided with automatic fire sprinkler systems. Such modifications may include access distances longer than one hundred fifty (150) feet, narrower road widths, increased grade, reduced turnarounds and longer dead-end distances. (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 major arterial streets) or an approved fire access road in which fire apparatus can be maneuvered. 10 (D) Emergency Fire Access Roads. (1) Emergency fire access roads may be public streets (except arterial streets) and alleys, parking lots, private streets or similar vehicular access roads. Driveways serving detached, individual dwelling units need not meet fire access road criteria if they do not exceed one hundred(100) feet in length. (2) The minimum unobstructed width of an emergency fire access road shall be twenty (20) feet, except that upon the written authorization of the fire chief, sixteen (16) feet may be approved for residential local streets provided that such streets comply with all other applicable requirements contained in the Fire Code. (3) The minimum unobstructed width shall be thirty (30) feet for access roads serving buildings three (3) stories or more in height on at least one (1) side of the building. The building height shall be measured from the access road grade. (4) Emergency fire access roads may be used in commercial and multi-family projects when they can be designed into the normal traffic circulation patterns. All emergency fire access roads shall conform to all other emergency fire access road criteria. Approval of any emergency fire access road shall be contingent upon the ability of the emergency fire access road to be maintained continuously and under all weather conditions and must meet the following minimum additional requirements: (a) the width must be a minimum of twenty(20) feet; (b) the surface must be all-weather; (c) the surface must be capable of supporting fire-fighting equipment; (d) any access-limiting devices, if employed, must be approved. (e) all required emergency access roads, including public streets, shall be installed and serviceable before commencement of above-ground construction. (f) Dead-ends. 11 1. Any dead-end fire access road that exceeds one hundred fifty (150) feet in length shall be provided with a minimum eighty(80) foot diameter turnaround. 2. No dead-end length for an emergency fire access road shall exceed six hundred sixty(660) feet. (g) Turning Radius. The minimum turning radius for emergency fire access roads and in parking lots shall be twenty(20) feet inside and forty (40) feet outside. (h) Road Surface. The surface of all emergency fire access roads shall be of an approved hard surface or compacted road base capable of supporting fully loaded fire apparatus. All surfaces shall be maintainable in all weather conditions, including snow removal. Any bridges or culverts must meet HS 20 design criteria. Grass-crete and similar soft surface materials shall be prohibited. (i) Easements. All emergency fire access roads shall have properly recorded emergency access easements. (j) Vertical Clearance. The minimum vertical clearance shall be thirteen(13) feet six (6) inches. (k) Grade. The maximum grade of an emergency fire access road shall be eight (°)•percent. (E) Parking Control Approved "No parking - Fire Lane" signs shall be provided along curbs where parking could obstruct the minimum width and turning radius. Curbs in these areas shall be painted red. (F) Fences. Fences that obstruct the one hundred fifty (150) foot access distance for the laying of the fire hose from the fire truck to the side or rear of the structure shall be provided with gates. (G) Street Names. Street names shall not duplicate existing street names in the city or the Poudre Valley Fire Protection District. Secondary streets such as courts, lanes and ways may have the same name as the primary street, provided they are connected directly to the primary street and are in close proximity to each other. Street names in the same direction may change only at arterial streets. Street layout shall incorporate the standard north-south and east-west numbering.system. Emergency fire access roads shall be provided with approved street signs. (See also 97 Uniform Fire Code Section 901.4.4) 12 Section 28. That Section 3.7.2(B) of the Land Use Code is hereby amended to read as follows: (B) Developments Outside the Urban Growth Area. No development application shall be accepted or approved as part of an annexation petition if the proposed development is located outside the Urban Growth Area. Section 29. That Section 3.7.3(F) of the Land Use Code is hereby amended to read as follows: (F) Transportation APF Exception. Nominal Impact. For the purpose of the transportation APF requirements contained in this Section, a proposed development shall be deemed to have a nominal impact and shall not be subject to the APF requirements for transportation if the development proposal generates less than fifty (50) peak hour trips as defined by the Transportation Impact Study guidelines maintained by the city. Section 30. That Section 3.8.6(A) of the Land Use Code is hereby amended to read as follows: (A) Residential group homes shall conform to the lot area and separation requirements specified in the following table: Maximum number of Additional lot Maximum Minimum residents area for each permissible separation Zone excluding additional residents, requirements supervisors,for resident excluding between any other minimum lot (square feet) supervisors group home size (feet) U-E 3 2,000 8 1,500 R-L, N-C-L, H-C, 3 1,500 8 1,500 E,R-F L-M-N, N-C-M, 6 750 8 1,000 R-D-R N-C-B, D, C-N, 6 500 8 700 C-C-N, M-M-N, N-C, C, C-C, C-L, C-C-R * The minimum separation distance required between group homes that are located in different zone districts shall be the one that requires the greatest distance. 13 Section 31. That Section 3.8.6(13) of the Land Use Code is hereby amended to read as follows: (B) Large group care facilities shall conform to the lot area and separation requirements specified in the following table: Maximum number of Additional lot Maximum Minimum residents area for each permissible separation Zone excluding additional residents, requirementsbetween any other supervisors,for resident excluding group home minimum lot (square feet) supervisors size (feet) L-M-N, N-C-M, 6 750 15 1,000 R-D-R N-C-B, D, C-N, 6 500 20** 700 C-C-N, M-M-N, N-C, C, C-C, C-L, C-C-R * The minimum separation distance required between group homes that are located in different zone districts shall be the one that requires the greatest distance. ** The decision maker may determine a higher maximum number of residents to be allowed to occupy the facility upon finding that the facility as so occupied will satisfy the following criteria: Section 32. That Section 3.8.7(E)(2) of the Land Use Code is hereby amended to read as follows: (2) Signs regulated under this Section shall also conform to any locational requirements imposed by the decision maker as a condition of the approval of the development plan. Section 33. That Section 3.8.7(E) of the Land Use Code is hereby amended by the addition of a new subparagraph (11) to read as follows and all subsequent subparagraphs be renumbered accordingly: (11) The location of any flushwall sign shall be positioned to harmonize with the architectural character of the building(s) to which they are attached, including but not limited to any projection, relief, cornice, column, change of building material, window or door opening. Flushwall signs shall align with other such signs on the same building. 14 Section 34. That Section 3.8.13(B) of the Land Use Code is hereby amended to read as follows: (B) Co-location. No wireless telecommunication facility or equipment owner or lessee or employee thereof shall act to exclude or attempt to exclude any other wireless telecommunication provider from using the same building, structure or location. Wireless telecommunication facility/equipment owners or lessees or employees thereof; and applicants for the approval of plans for the installation of such facilities/equipment, shall cooperate in good faith to achieve co-location of wireless telecommunication facilities and equipment. Any application for the approval of a plan for the installation of wireless telecommunication facilities/equipment shall include documentation of the applicant's good faith efforts toward such cooperation. Section 35. That Section 4.4(B)(2)(b)l. of the Land Use Code is hereby amended to read as follows: 1. Places of worship or assembly with a building footprint which does not exceed a total of twenty five thousand(25,000) square feet. Section 36. That Section 4.4(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 with less than five thousand (5,000) square feet of building footprint area; convenience retail stores; personal and business service shops; small animal veterinary facilities; offices, financial services and clinics containing less than five thousand (5,000) square feet of building footprint area; community facilities; neighborhood support/recreation facilities; schools, child care centers; and places of worship or assembly. Section 37. That Section 4.4(B)(3)(b) of the Land Use Code is hereby amended by the addition of a new subparagraph 4. to read as follows: 4. Places or worship or assembly with a building footprint which exceeds a total of twenty five thousand(25,000) square feet. 15 Section 38. That Section 4.4(D)(1)(b) of the Land Use Code is hereby amended to read as follows: (b) The maximum density of any development plan taken as a whole shall be eight (8) dwelling units per gross acre of residential land, except that affordable housing projects (whether approved pursuant to overall development plans or project development plans) containing ten (10) acres or less may attain a maximum density, taken as a whole, of twelve (12) dwellings units per gross acre of residential land. Section 39. 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; 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 40. That Section 4.4(E)(2)(b) of the Land Use Code is hereby amended to read as follows: (b) Maximum Size. No building footprint shall exceed a total of twenty thousand (20,000) square feet, with the exception of schools and places of worship and assembly. Section 41. That Section 4.5(D)(3) of the Land Use Code is hereby amended to read as follows: (3) Access to a park, central feature or gathering place. At least ninety (90) percent of the dwellings in all development projects greater than two (2) acres in gross area shall be located within one thousand three hundred twenty (1,320) feet (one-quarter ['/4] 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 16 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 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 shall 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 tro Cage 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 17 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. Section 42. 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 fifteen (15) 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 43. That parts B. and C. of the chart contained in Section 4.12(B)(2) of the Land Use Code is hereby amended to read as follows: B. INSTITUTIONAL/ CMC/PUBLIC Places of worship or Type I Type 1 Not Permitted assembly Public and private schools BP Type 1 Type 1 (colleges, universities, vocation training) Public and private schools Type 2 Type 2 Type 2 (elementary, intermediate and high school education) Community facilities Type 1 Type 1 Type 1 Long-term care facilities Type 2 Type 2 Type 2 Public facilities BP Type 1 Type 1 Parks, recreation and Type 1 Type 1 Type 1 other open lands, except neighborhood parks as defined by the Parks and 18 Recreation Policy Plan Transit facilities (without Type 2 Type 2 Type 2 repair/storage) Jails, detention and penal Not Permitted Not Permitted Type 2 centers Bed and breakfast BP Type 1 Type 1 establishments Standard restaurants BP Type 1 Type 1 Retail establishments BP Type 2 Type 2 Grocery stores Not Permitted Type 1 Type 1 Personal and business BP Type 1 Type 1 service shops Offices, financial services BP Type 1 Type 1 and clinics Artisan, photography BP Type 1 Type 1 galleries and studios Limited indoor recreation BP Type 1 Type 1 establishments Fast food restaurants BP Type 1 Type 1 Gasoline stations Not Permitted Type 2 Type 2 Bars and taverns BP Type 2 Type 2 Night clubs BP Type 2 Type 2 Entertainment facilities BP Type 2 Type 1 and theaters Child care centers Type 1 Type 1 Type 1 Clubs and lodges BP Type 1 Type 1 Funeral homes Not Permitted Type 2 Not Permitted Lodging establishments Type 2 Type 2 Type 2 Health and membership BP Type 1 Type 1 clubs Parking lots and garages Type 2 Type 2 Type 2 (as a principal use) Veterinary Not Permitted Type 2 Type 2 facilities/small animal 19 clinics Supermarkets Not Permitted Type 2 Type 2 Open-air farmers markets Type 1 Type 1 Type 1 Large retail Type 2 Type 2 Type 2 establishments Print shops Type I Type 1 Type 1 Dog day-care facilities Not Permitted Type 2 Type 2 Food catering BP BP BP Exhibit halls BP Type 2 Type 1 Conference/convention BP Type 2 Type 2 center Section 44. That Section 5.1.2 of the Land Use Code is hereby amended by the addition of a new definition of"change of use" to read as follows: Change of use shall mean the act of changing the occupancy of a building or land from a use that is specifically listed as a "Permitted Use" in Article 4 to a different use that is specifically listed as a"Permitted Use" in Article 4. A change of use occurs whenever: (A) the occupancy of a single-tenant building or of a parcel of land changes from the most recent previously existing use to a different use; (B) the occupancy of a tenant space in a multi-tenant building changes to a use that is not currently existing in another tenant space of the building or that did not previously exist in any tenant space of the building within the last twelve (12) months; or (C) the most recent previously existing use of a building or land has been abandoned, by cessation of active and continuous operations during a period of twelve (12) consecutive months, and either the same type of use is proposed to be re- established or a different use that did not exist on the property is proposed to be established. Section 45. That subparagraph (B)(2) of the definition of "development" in Section 5.1.2 of the Land Use Code is hereby amended to read as follows: (B) Development shall not include: (2) work by any public utility for the purpose of inspecting, repairing, renewing or constructing, on public rights-of-way, any mains, pipes, cables, utility tunnels, power lines, towers, poles, tracks or the like; provided, however, that this exemption shall not include work by a public utility in constructing or enlarging mass transit or 20 railroad depots or terminals or any similar traffic-generating activity; Section 46. 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, except that no supermarket shall be deemed to be a large retail establishment. Section 47. That the definition of"parks, recreation and open lands" in Section 5.1.2 of the Land Use Code is hereby amended to read as follows: Parks, recreation and open lands shall mean natural areas as described in the Natural Areas Policy Plan, parks and recreation facilities as described in the Parks and Recreation Policy Plan whether such facilities are owned or operated by the city or by another not- for-profit organization, environmental interpretation facilities, outdoor environmental research or education facilities, or public outdoor places. Section 48. That the definition of"plant nursery and greenhouse" in Section 5.1.2 of the Land Use Code is hereby amended to read as follows: Plant nursery and greenhouse shall mean any land or structure used primarily to raise trees, shrubs, flowers or other plants for sale or for transplanting and may include the sale of non-living landscape and decorating products. Section 49. That the definition of"recycling facility" in Section 5.1.2 of the Land Use Code is hereby amended to read as follows: Recycling facility shall mean a building or land used for the collection and/or processing of recyclable material. Processing shall mean the preparation of material for efficient shipment by such means as baling, compacting, flattening, grinding, crushing, mechanical sorting or cleaning. Such a facility, if entirely enclosed within a building or buildings, shall be considered a warehouse. Section 50. That the definition of"warehouse and distribution" in Section 5.1.2 of the Land Use Code is hereby amended to read as follows: Warehouse and distribution shall mean. a use engaged in storage, wholesale, and distribution of manufactured products, supplies or equipment, including accessory offices or showrooms, and including incidental retail sales, but excluding 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. 21 Introduced, considered favorably on first reading, and ordered published in summary form this 5th day of June,A.D. 2001,and to be presented for final passage on the 19th day of June, A.D. 2001. Mayor ATTEST: City Clerk Passed and adopted on final reading this 19th day of June, A.D. 2001. Mayors ATTEST: r City Clerk 22