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HomeMy WebLinkAboutPH #5 City CodeCHUBBUCK Memo Community Services Department Planning Services Division 290 E Linden Avenue, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 www.CityofChubbuck.us To: City of Chubbuck Land Use and Development Commission From: Don Matson, Planning Services Manager Sean Harris, Development Service Manager Date: March 8, 2022 Re: A proposal by City Staff to update several sections of City Code: Title 5.36, Sexually Oriented Businesses, correlating definitions of sexually oriented business with Title 18, Land Use; Title 16.12, Engineering Standards, correcting widths for standard streets, Title 17.12, Platting Requirements and Procedures, changing review requirements from calendar days to business days and removing requirements for reproducible mylar copies of plats; Title 18.06 Land Use Definitions, changing Drive-in Establishment to Drive-in / Drive-through Establishment and changing Sexually Oriented Business references to Idaho Statues and adding a reference to City Code Title 5.36, Sexually Oriented Businesses; Title 18.08.040 Land Uses by District, changing Drive-in restaurant to Drive-in / drive-through establishment; Title 18.08.046 Off Street Parking Requirements, reordering land uses by group; 18.14 Landscaping, clarifying minimum area of landscape strips along rights-of-way; 18.20.040 Procedure for Approval of a PUD, reducing public hearing requirements to correspond with recently adopted changes in other sections of code; and 18.20.070 PUD Development Standards, establishing Minimum Front Yard Setbacks and re -ordering the waivers and adjustments for potential approval with a PUD. BACKGROUND As conditions in the region and community have changed with new developments and other activities, major and minor needs arose for alterations in City Code. While the summary of this proposal is lengthy, the proposed changes are limited to minor updates and clarifications. The attached exhibits include the proposed changes as discussed by the Commission previously. Separate exhibits for each of the Titles include proposed eaut/underline texts (Exhibit 1) and existing code texts (Exhibit 2). FACTS PETITIONER: City of Chubbuck 290 E Linden Avenue Attn: Community Services Department Chubbuck, ID 83202 208) 237-2430 APPLICABLE LAWS AND PLANS: 1. Chubbuck Comprehensive Plan (as amended) 2. Chubbuck City Code • Notices of the hearing provided in accordance with City Code Chapter 18.28.010.B. • Standards for approving a title text or map amendment per City Code Chapter 18.28.050.B.8. STANDARDS FOR APPROVING A TITLE TEXT AMENDMENT The review and action by the Land Use & Development Commission is a recommendation to the City Council based on three criteria for proposed text amendments in City Code: 1. The proposed text amendment would be in the community's best interest. Each of the proposed changes bring the code in better alignment with existing community conditions, and/or clarify sections of code so that they are easier for the public to understand. 2. The proposed text amendment is consistent with the existing provisions of the zoning ordinance. The proposed amendments do not conflict with the existing provisions of the zoning ordinance but enhance the code for clarity and better alignment with existing conditions. 3. The proposed text amendment is generally not in conflict with the goals, objectives, and policies of the adopted Plan and furthers them more than the adopted zoning text. No specific goals, objectives, or policies in the Comprehensive Plan appear to apply to this proposal; decision makers should evaluate the proposals to determine if there are applicable goals, objectives, or policies in the Plan. STAFF RECOMMENDATION Based on the evidence and analysis above, staff find that the draft code satisfies the criteria necessary to recommend approval of the title text amendment to the City Council, with the criteria being: A. The proposed text amendment would be in the community's best interest. B. The proposed text amendment is consistent with the existing provisions of the zoning ordinance. C. The proposed text amendment is generally not in conflict with the goals, objectives, and policies of the adopted Plan and furthers them more than the adopted zoning text. CHUBBUCK I D R H 0 290 E Linden Avenue, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 www. CityofChubbuck.us Updates to Municipal Code — Page 2 Disclaimer: The information presented in this document is based solely upon evidence available at the time of the report. Additional information may be brought to light at or before the hearing. Report Prepared by: Don Matson, Planning Services Sean Harris, Development Services Email: dmatson@cityofchubbuck.us Email: sharris@cityofchubbuck.us Phone: 208-239-3252 Phone: 208-237-2430 ext. 708 EXHIBITS 1. Proposed Chapters a. Chapter 5.36 Sexually Oriented Businesses b. Chapter 16.12 Engineering Standards c. Chapter 17.12 Platting Requirements and Procedures d. Chapter 18.06 Definitions e. Chapter 18.08.040 Schedule of General Controls; Land Uses by Districts f. Chapter 18.08.046 Schedule of General Controls; Off Street Parking g. Chapter 18.12.030.E Supplemental Controls for Particular Uses; Drive-in Establishments h. Chapter 18.14.020 Landscaping; Required Landscaping Adjacent to Public Rights of Way i. Chapter 18.20.070 PUD Development Standards 2. Current Chapters a. Chapter 5.36 Sexually Oriented Businesses b. Chapter 16.12 Engineering Standards c. Chapter 17.12 Platting Requirements and Procedures d. Chapter 18.06 Definitions e. Chapter 18.08.040 Schedule of General Controls; Land Uses by Districts f. Chapter 18.08.046 Schedule of General Controls; Off Street Parking g. Chapter 18.12.030.E Supplemental Controls for Particular Uses; Drive-in Establishments h. Chapter 18.14.020 Landscaping; Required Landscaping Adjacent to Public Rights of Way i. Chapter 18.20.070 PUD Development Standards 194�4c\_ CHUBBUCK I D R H 0 290 E Linden Avenue, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 www. CityofChubbuck.us Updates to Municipal Code — Page 3 EXHIBIT 1 Updates to Municipal Code — Page 4 Exhibit 1.a TITLE 5: BUSINESS LICENSES AND REGULATIONS CHAPTER 5.36: SEXUALLY ORIENTED BUSINESSES (AS DISCUSSED BY LUDC 10/12/2021) SECTION: 5.36.020 DEFINITIONS ZONE: That zone in title 18 of this code in which an adult a sexually oriented business may operate. SECTION: 5.36.130 LOCATION OF SEXUALLY ORIENTED BUSINESSES A. A person commits a misdemeanor if that person operates or causes to be operated a sexually oriented business in any zone other than one zoned for an `a It a "sexually oriented business" as defined in title 18 of this code. Updates to Municipal Code — Page 5 Exhibit 1.b TITLE 16: LAND IMPROVEMENT STANDARDS CHAPTER 16.12: ENGINEERING STANDARDS — I. GENERAL STANDARDS (AS DISCUSSED BY LUDC 10/12/2021) SECTION: 16.12.020 STREETS C. There shall all be provided rights of way of such width and as provided in the comprehensive plan; provided, however, that the width of said rights of way shall in no case be less than the following: Type of Street Right of Way Width Standard Back to Back Swale Section Curb to Curb Major arterial 100 feet 80 feet - 100 feet - 72 feet Minor arterial 80 feet 70 feet - 80 feet - 62 feet Collector 66 feet 61 feet 56 feet - 66 feet - 48 feet Local 50 feet 40 feet - 55 feet - 37 feet Types of streets within a development shall be determined by the city consistent with the comprehensive plan, developments that were in process prior to August 1, 2005, and, if adopted, the master street map. Updates to Municipal Code — Page 6 Exhibit 1.c TITLE 17: LAND DEVELOPMENT CHAPTER 17.12: PLATTING REQUIREMENTS AND PROCEDURES (AS DISCUSSED BY LUDC 10/12/2021) SECTION: I1. PRELIMINARY PLAT PHASE 17.12.080 PLAT OR REQUEST FOR WAIVER TO BE REVIEWED G. The reviewing representatives/departments shall have ten (10) ^ business days from the date that notice is provided to transmit their recommendations in writing to the Public Works Director. If no written comments are submitted by the required date, it shall be noted for commission review that there are no City or agency concerns given to the City regarding the proposed subdivision. SECTION: IV. FINAL PLAT PHASE 17.12.260 COPIES AND ORIGINAL TO BE FILED After the approved final plat has been recorded, a reffOd dile Original mylaF copy and an electronic document in PDF format of the recorded instrument, bearing all certificates required as set forth in section 17.12.320 of this chapter, together with an approved digital drawing format with coordinate system based on City of Chubbuck grid coordinate system, shall be filed with the Public Works Director. Updates to Municipal Code — Page 7 Exhibit 1.d TITLE 18: LAND USE CHAPTER 18.06: DEFINITIONS (AS DISCUSSED BY LUDC 10/12/2021) SECTION: 18.06.100 DRIVE -IN / DRIVE-THROUGH ESTABLISHMENT A business location designed to allow provisions of goods or services to customers who remain in or on vehicles. SECTION: I E:jIZ:> yL'IIT.y: A business which derives more than five percent (5%) of its gross income from selling or renting any of the materials described in Idaho Code sections 18-4101 or 18-1514 or which sells or rents any of the material described in Idaho Code 18-4105, is classified as a sexually oriented business per Title 5.36.030 of Cite. Updates to Municipal Code — Page 8 Exhibit 1.e TITLE 18: LAND USE CHAPTER 18.08: LAND USE DISTRICTS AND GENERAL CONTROLS COMMERCIAL RETAIL LAND USES (AS DISCUSSED BY LUDC 10/12/2021) SECTION: 18.08.040 SCHEDULE OF GENERAL CONTROLS; LAND USES BY DISTRICTS — COMMERCIAL RETAIL Land Uses Land Use Districts A R-1 R-2 R-3 R-4 C-1 C-2 I I Commercial Retail Automotive parts store X X X X X C P P Automotive sales X X X X X C P P Bakery goods store X X X X X C P P Bookstore X X X X X C P C Convenience store C X X X X C P C Department store X X X X X X P C Drive-in FestaUF3M / drive-through establishment X X X X X C P P Equipment rental and sales yard X X X X X X P P Greenhouse X X X X X X P P Grocery store X X X X X C P C Hobby store and crafts X X X X X C P P Industrial and agricultural equipment sales and supply X X X X X X P P Pet shop and supplies X X X X X C P P Production building sales X X X X X X P P Recreational vehicle sales, service and supply X X X X X X P P Restaurant X X X X X C P P Retail stores and services X X X X X C P C Roadside stand P X X X X C C C Sexually oriented business X X X X X X X C Tire shop, including recapping Yard and garden sales and services X X X X X X X X X X X C P P P P Updates to Municipal Code — Page 9 Exhibit M TITLE 18: LAND USE CHAPTER 18.08.046: SCHEDULE OF GENERAL CONTROLS; OFF STREET PARKING (AS DISCUSSED BY LUDC 10/12/2021) GyD[IV 11[$010N 18.08.040.046. OFF STREET PARKING TYPE OF USE PARKING SPACE REQUIRED COMMERCIAL: Banks, financial institutions and similar uses 1 for each 200 square feet of floor area Dining rooms, restaurants, taverns, nightclubs, etc. 1 for each 100 square feet of floor area Funeral parlors, mortuaries and similar type uses 1 for each 100 square feet of floor area in slumber rooms, plus 1 space for each 2 employees Hotels and motels 1 for each sleeping room, plus 1 space for each 2 employees Offices, public or professional administration 1 for each 200 square feet of floor area or service buildings Retail stores 1 for each 250 square feet of floor area Vehicle repair sites 1 for each 2 gasoline pumps and 2 for each service bay All other types of business or commercial 1 for each 200 square feet of floor area uses permitted in any business district INSTITUTIONAL: Churches and other places of religious assembly 1 for each 5 seats Hospitals 1 for each bed plus 1 for each 3 employees Libraries, museums and art galleries 1 for each 400 square feet of floor area Medical and dental clinics 1 for each 200 square feet of floor area of examination, treating room, office and waiting room Sanatoriums, homes for aged, nursing homes, children homes, asylums and similar uses 1 for each 2 beds MANUFACTURING: All types of manufacturing, storage and wholesale uses permitted in any manufacturing district 1 for every 2 employees (on the largest shift for which the building is designed) and 1 for each motor vehicle used by the business Express, parcel deliver and freight terminal 1 for every 2 employees (on the largest shift for which the building is designed) and 1 for each motor vehicle maintained on the premises RECREATIONAL OR ENTERTAINMENT: Auditoriums, sports arenas, theaters, and similar uses 1 for each 4 seats Updates to Municipal Code — Page 10 TYPE OF USE PARKING SPACE REQUIRED BaRIG i fie2e.•iel OR-St:t..tio RIS 2Rd - _M_il2... 1 for each 299 s e feet of floor area Bowling alleys 2 for each alley or lane plus 2 additional spaces for each 100 square feet of area used for restaurant, cocktail lounge or similar use Dance floors, skating rinks 2 for each 100 square feet of floor area used for the activity DiRiRg . es► -....-a RtS tayeFRS 1 fe. P-2Gh 100 a feet of flee. d:..:ntrat:eR Offises, o .. ubliOF efe_S_Si0_R21 -. .v. OF SeF e buildings 1 Fe . •. P_2G 00 a Feet of flee. -. Outdoor swimming pools, public or community or club 1 for each 5 persons' capacity, plus 1 for each 4 seats or 1 for each 30 square feet of floor area used for seating purposes whichever is greater Retail ctorei; 1 fe. each _259 c e feet of floor area All oils. %VpeS of bUSO Reec OF ill uses—peMined on business distr4a 1 for each 70VI a feet of ileo. area RESIDENTIAL: 2 for each household SCHOOLS: Business, technical and trade schools 1 for each 2 students Colleges, universities 1 for each 4 students, 1 for each 3 employees and parking for visitors calculated as 25 percent of the total for students and employees Elementary and junior high schools 2 for each classroom and 1 for every 5 seats in auditoriums or assembly halls High Schools 1 for every 10 students and 1 for each teacher and employee Kindergartens, childcare centers, nursery schools and similar uses 2 for each classroom, but not less than 6 for the building Updates to Municipal Code — Page 11 Exhibit 1.g TITLE 18: LAND USE CHAPTER 18.12.030.E: SUPPLEMENTAL CONTROLS FOR PARTICULAR USES SECTION: 18.12.030.E: SUPPLEMENTAL CONTROLS FOR PARTICULAR USES E. DRIVE-IN ESTABLISHMENTS: DRIVE-IN / DRIVE-THROUGH ESTABLISHMENTS SHALL: 1. BE ENCLOSED ON THE PROPERTY LINE WITH MAINTAINED LANDSCAPING AND FENCING, EXCEPT FOR INGRESS AND EGRESS, TO PREVENT TRASH FROM MOVING ONTO OTHER PROPERTIES. 2. HAVE A MINIMUM SIX FOOT (6') HIGH, SOLID FENCE ALONG THE PROPERTY LINES THAT ADJOIN RESIDENTIAL PROPERTY OR RESIDENTIALLY ZONED AREAS. 3. PROVIDE FOR ADEQUATE TRASH RECEPTACLES. 4. AVOID THE DIRECTION OF NIGHT LIGHTING TOWARD ANY RESIDENCE. Updates to Municipal Code — Page 12 Exhibit 1.h TITLE 18: LAND USE CHAPTER 18.14: LANDSCAPING (AS DISCUSSED BY LUDC 10/12/2021) SECTION: 18.14.020 REQUIRED LANDSCAPING ADJACENT TO PUBLIC RIGHTS OF WAY: D.1 A strip of land at least ten feet (10') in depth located between the abutting right of way and the off street parking area, other vehicular use area or structure and which is exposed to an abutting right of way shall be landscaped, such landscaping to include one tree for each fifty (50) linear feet or fraction thereof. Such trees shall be located between the abutting right of way and the off street parking area, other vehicular use area or structure and shall be planted in a planting area of at least twenty five (254 one hundred (100) square feet with a dimension of at least ten feet (10') on each side. The required landscaping shall also include a hedge or a planting of at least one shrub for each five (5) linear feet of the landscaped area. The remainder of the required landscaped area shall be landscaped with grass, ground cover, or other landscape treatment, excluding paving Updates to Municipal Code — Page 13 Exhibit U TITLE 18: LAND USE CHAPTER 18.20: PLANNED UNIT DEVELOPMENTS (AS DISCUSSED BY LUDC 10/12/2021) SECTION: 18.20.070.A PUD DEVELOPMENT STANDARDS: A. General Requirements: In the PUD zone the following table of requirements shall apply. See section 18.20.080 for exceptions and incentives regarding residential density, and section 18.20.090 for exceptions to non- residential building height, perimeter setbacks, and parking standards. Different setbacks maybe proposed as part of the MDP. See additional requirements on setbacks and perimeter guidance in Subsection B below. Comprehensive Plan Land Use LDR MDR HDR MU C E Residential Maximum Units per Acre 5/ac 8/ac 16/ac 16/ac 16/ac 16/ac Maximum Height 35' 35' 45' 45' 70' 70' Minimum Front Yard Setback* 25' 15' 10' 10' 10' 10' Minimum Rear Yard Setback from Perimeter 20' 15' 10' 10' 0' 0' Minimum Side Yard Setback from Perimeter 5 10' 10' 10' 0 0' * Residential setbacks between interior edge of sidewalks and garages shall not be less than twenty feet 20' . Updates to Municipal Code — Page 14 EXHIBIT 2 Updates to Municipal Code — Page 15 Exhibit 2a TITLE 5: BUSINESS LICENSES AND REGULATIONS CHAPTER 5.36: SEXUALLY ORIENTED BUSINESSES (CURRENT CITY CODE) SECTION: 5.36.020 DEFINITIONS ZONE: That zone in title 18 of this code in which an adult business may operate. SECTION: 5.36.130 LOCATION OF SEXUALLY ORIENTED BUSINESSES A. A person commits a misdemeanor if that person operates or causes to be operated a sexually oriented business in any zone other than one zoned for an "adult business" as defined in title 18 of this code. Updates to Municipal Code — Page 16 FIN MPIM P1 TITLE 16: LAND IMPROVEMENT STANDARDS CHAPTER 16.12: ENGINEERING STANDARDS — I. GENERAL STANDARDS (CURRENT CITY CODE) SECTION: 16.12.020 STREETS C. There shall all be provided rights of way of such width and as provided in the comprehensive plan; provided, however, that the width of said rights of way shall in no case be less than the following: Type of Street Right of Way Width Standard Back to Back Swale Section Curb to Curb Major arterial 100 feet 80 feet - 100 feet - 72 feet Minor arterial 80 feet 70 feet - 80 feet - 62 feet Collector 66 feet 61 feet - 66 feet - 48 feet Local 50 feet 40 feet - 55 feet - 37 feet Types of streets within a development shall be determined by the city consistent with the comprehensive plan, developments that were in process prior to August 1, 2005, and, if adopted, the master street map. Updates to Municipal Code — Page 17 Exhibit 2.c TITLE 17: LAND DEVELOPMENT CHAPTER 17.12: PLATTING REQUIREMENTS AND PROCEDURES (CURRENT CITY CODE) SECTION: Il. PRELIMINARY PLAT PHASE 17.12.080 PLAT OR REQUEST FOR WAIVER TO BE REVIEWED G. The reviewing representatives/departments shall have ten (10) calendar days from the date that notice is provided to transmit their recommendations in writing to the Public Works Director. If no written comments are submitted by the required date, it shall be noted for commission review that there are no City or agency concerns given to the City regarding the proposed subdivision. SECTION: IV. FINAL PLAT PHASE 17.12.260 COPIES AND ORIGINAL TO BE FILED After the approved final plat has been recorded, a reproducible original mylar copy and an electronic document in PDF format of the recorded instrument, bearing all certificates required as set forth in section 17.12.320 of this chapter, together with an approved digital drawing format with coordinate system based on City of Chubbuck grid coordinate system, shall be filed with the Public Works Director. Updates to Municipal Code — Page 18 Exhibit 2.d TITLE 18: LAND USE CHAPTER 18.06: DEFINITIONS (CURRENT CITY CODE) SECTION: 18.06.100 DRIVE-IN ESTABLISHMENT A business location designed to allow provisions of goods or services to customers who remain in or on vehicles. SECTION: 18.06.290 SEXUALLY ORIENTED BUSINESS A business which derives more than five percent (5%) of its gross income from selling or renting any of the materials described in Idaho Code section 18-1514 or which sells or rents any of the material described in Idaho Code 18-4105. Updates to Municipal Code — Page 19 Exhibit 2.e TITLE 18: LAND USE CHAPTER 18.08: LAND USE DISTRICTS AND GENERAL CONTROLS COMMERCIAL RETAIL LAND USES (CURRENT CITY CODE) SECTION: 18.08.040 SCHEDULE OF GENERAL CONTROLS; LAND USES BY DISTRICTS — COMMERCIAL RETAIL Land Uses Land Use Districts A R-1 R-2 R-3 R-4 C-1 C-2 I I Commercial Retail Automotive parts store X X X X X C P P Automotive sales X X X X X C P P Bakery goods store X X X X X C P P Bookstore X X X X X C P C Convenience store C X X X X C P C Department store X X X X X X P C Drive-in restaurant X X X X X C P P Equipment rental and sales yard X X X X X X P P Greenhouse X X X X X X P P Grocery store X X X X X C P C Hobby store and crafts X X X X X C P P Industrial and agricultural equipment sales and supply X X X X X X P P Pet shop and supplies X X X X X C P P Production building sales X X X X X X P P Recreational vehicle sales, service and supply X X X X X X P P Restaurant X X X X X C P P Retail stores and services X X X X X C P C Roadside stand P X X X X C C C Sexually oriented business X X X X X X X C Tire shop, including recapping Yard and garden sales and services X X X X X X X X X X X C P P P P Updates to Municipal Code — Page 20 Exhibit 2.f TITLE 18: LAND USE CHAPTER 18.08.046: SCHEDULE OF GENERAL CONTROLS; OFF STREET PARKING (CURRENT CITY CODE) 61D[IV Y[IIQ1 18.08.040.046. OFF STREET PARKING TYPE OF USE PARKING SPACE REQUIRED COMMERCIAL: Funeral parlors, mortuaries and similar type 1 for each 100 square feet of floor area in slumber rooms, uses plus 1 space for each 2 employees Hotels and motels 1 for each sleeping room, plus 1 space for each 2 employees Vehicle repair sites 1 for each 2 gasoline pumps and 2 for each service bay INSTITUTIONAL: Churches and other places of religious 1 for each 5 seats assembly Hospitals 1 for each bed plus 1 for each 3 employees Libraries, museums and art galleries 1 for each 400 square feet of floor area Medical and dental clinics 1 for each 200 square feet of floor area of examination, treating room, office and waiting room Sanatoriums, homes for aged, nursing homes, 1 for each 2 beds children homes, asylums and similar uses MANUFACTURING: All types of manufacturing, storage and 1 for every 2 employees (on the largest shift for which the wholesale uses permitted in any building is designed) and 1 for each motor vehicle used by manufacturing district the business Express, parcel deliver and freight terminal 1 for every 2 employees (on the largest shift for which the building is designed) and 1 for each motor vehicle maintained on the premises RECREATIONAL OR ENTERTAINMENT: Auditoriums, sports arenas, theaters, and 1 for each 4 seats similar uses Banks, financial institutions and similar uses 1 for each 200 square feet of floor area Bowling alleys 2 for each alley or lane plus 2 additional spaces for each 100 square feet of area used for restaurant, cocktail lounge or similar use Dance floors, skating rinks 2 for each 100 square feet of floor area used for the activity Dining rooms, restaurants, taverns, 1 for each 100 square feet of floor area nightclubs, etc. Updates to Municipal Code — Page 21 TYPE OF USE PARKING SPACE REQUIRED Offices, public or professional administration 1 for each 200 square feet of floor area or service buildings Outdoor swimming pools, public or 1 for each 5 persons' capacity, plus 1 for each 4 seats or 1 community or club for each 30 square feet of floor area used for seating purposes whichever is greater Retail stores 1 for each 250 square feet of floor area All other types of business or commercial uses 1 for each 200 square feet of floor area permitted in any business district RESIDENTIAL: 2 for each household SCHOOLS: Business, technical and trade schools 1 for each 2 students Colleges, universities 1 for each 4 students, 1 for each 3 employees and parking for visitors calculated as 25 percent of the total for students and employees Elementary and junior high schools 2 for each classroom and 1 for every 5 seats in auditoriums or assembly halls High Schools 1 for every 10 students and 1 for each teacher and employee Kindergartens, childcare centers, nursery 2 for each classroom, but not less than 6 for the building schools and similar uses Updates to Municipal Code — Page 22 Exhibit 2.g TITLE 18: LAND USE CHAPTER 18.12.030.E: SUPPLEMENTAL CONTROLS FOR PARTICULAR USES (CURRENT CITY CODE) GyX vIll 0]QA 18.12.030.E: SUPPLEMENTAL CONTROLS FOR PARTICULAR USES E. DRIVE-IN ESTABLISHMENTS: DRIVE-IN ESTABLISHMENTS SHALL: 1. BE ENCLOSED ON THE PROPERTY LINE WITH MAINTAINED LANDSCAPING AND FENCING, EXCEPT FOR INGRESS AND EGRESS, TO PREVENT TRASH FROM MOVING ONTO OTHER PROPERTIES. 2. HAVE A MINIMUM SIX FOOT (6') HIGH, SOLID FENCE ALONG THE PROPERTY LINES THAT ADJOIN RESIDENTIAL PROPERTY OR RESIDENTIALLY ZONED AREAS. 3. PROVIDE FOR ADEQUATE TRASH RECEPTACLES. 4. AVOID THE DIRECTION OF NIGHT LIGHTING TOWARD ANY RESIDENCE. Updates to Municipal Code — Page 23 Exhibit 2.h TITLE 18: LAND USE CHAPTER 18.14: LANDSCAPING (CURRENT CITY CODE) SECTION: 18.14.020 REQUIRED LANDSCAPING ADJACENT TO PUBLIC RIGHTS OF WAY: D.1 A strip of land at least ten feet (10') in depth located between the abutting right of way and the off street parking area, other vehicular use area or structure and which is exposed to an abutting right of way shall be landscaped, such landscaping to include one tree for each fifty (50) linear feet or fraction thereof. Such trees shall be located between the abutting right of way and the off street parking area, other vehicular use area or structure and shall be planted in a planting area of at least twenty five (2 5) square feet with a dimension of at least ten feet (10'). The required landscaping shall also include a hedge or a planting of at least one shrub for each five (5) linear feet of the landscaped area. The remainder of the required landscaped area shall be landscaped with grass, ground cover, or other landscape treatment, excluding paving Updates to Municipal Code — Page 24 EXHIBIT 2A TITLE 18: LAND USE CHAPTER 18.20: PLANNED UNIT DEVELOPMENTS (CURRENT CITY CODE) SECTION: 18.20.070.A PUD DEVELOPMENT STANDARDS: A. General Requirements: In the PUD zone the following table of requirements shall apply. See section 18.20.080 for exceptions and incentives regarding residential density, and section 18.20.090 for exceptions to non- residential building height, perimeter setbacks, and parking standards. Different setbacks maybe proposed as part of the MDP. See additional requirements on setbacks and perimeter guidance in Subsection B below. Comprehensive Plan Land Use LDR MDR HDR MU C E Residential Maximum Units per Acre 5/ac 8/ac 16/ac 16/ac 16/ac 16/ac Maximum Height 35' 35' 45' 45' 70' 70' Minimum Rear Yard Setback from Perimeter 20' 15' 10' 10' 0' 0' Minimum Side Yard Setback from Perimeter 5 10' 10' 10' 0 0' Updates to Municipal Code — Page 25