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Millcreek Together Code Update I Chapter 18.43 Mixed Development Zone I v3 1 18.01 Mixed Development Zone (MD) 18.01.10 Purpose A. The purpose of the Mixed Use (MD) development zone is to provide for the mixing of a variety of uses (limited commercial, office, residential and light industrial (within enclosed buildings) within a walkable, bikeable setting and to encourage such use mixes near transit stations in the Meadowbrook area, especially near the South Salt Lake and Murray stations. In addition to allowing a diverse mix of uses, the Meadowbrook area promotes increased density near transit stations with incentives to attract quality developments providing owner occupied and affordable housing. 18.01.20 Applicability A. In the event there is language elsewhere in this Title that conflicts with language in this chapter, the more restrictive standard prevails. B. In any rezoning process for a mixed use or multi-household development larger than a four-plex, a development agreement shall be required at the sole discretion of the City. “Development Agreement" means an agreement negotiated and entered into by the City with a property owner and/or developer, pursuant to a proposed development within the City, see Utah Code 10-9a-532 and 10-9a-502 Development agreements. C. The Agreement must: 1. Specify and describe the proposed development through text including any requests for modifications of the ordinance requirements, site plans, materials, and elevations. 2. Detail the amenities and other benefits being provided to the City and its residents. 3. Utilize a development agreement form approved by the City. The Development Agreement shall run with the land and be binding on all successors and assigns of the property owner or developer; however, each Development Agreement shall include a clause that allows the City to re-zone the property and withdraw from the Development Agreement if the Development Agreement is not recorded within two years of execution of the Agreement. 18.01.30 Permitted And Conditional Uses A. Uses in the Mixed Development (MD) Zone are as determined by Table 18.43.031 permitted and Conditional Uses in the Mixed Development (MD) Zone. If a use Is not specifically designated in the table, then it is prohibited. ---PAGE BREAK--- Millcreek Together Code Update I Chapter 18.43 Mixed Development Zone I v3 2 Table 18.43.031 Manufacturing Zoning District -Permitted and Conditional Uses P = Permitted Use C = Conditional Use Review Required Use MD Specific Use Standards Multi-Household Residential- Market Rate C Non-residential use or residential use that is convertible (built to city commercial building code standards) is required for at least 50% of the ground floor facing a public street. 24 hour on-site management required for projects with 50 or more residential units. Multi-Household Residential- Affordable or Individually Owned P Affordable housing developments or individually owned affordable units that are located further than 300' from a major intersection are exempt from including a Non- residential use or residential use that is convertible (built to commercial building code standards) to nonresidential use on the ground floor facing a public street. A minimum 50% of the multi- household residential must be affordable to be deemed Affordable Housing. 24 hour on-site management required for projects with 50 or more residential units. Multi-Household Residential Mixed Income Housing. P Subject to the design standards within this Chapter. A minimum 20% of the multi household residential must be affordable to be deemed affordable housing. 24 hour on-site management required for projects with 50 or more residential units. Group Homes C Hotel, Motel, Bed & Breakfast C Subject to the design criteria in this Chapter Public use P Quasi-public use C Transit Station P ---PAGE BREAK--- Millcreek Together Code Update I Chapter 18.43 Mixed Development Zone I v3 3 Table 18.43.031 Manufacturing Zoning District -Permitted and Conditional Uses P = Permitted Use C = Conditional Use Review Required Use MD Specific Use Standards Neighborhood Retail P No commercial building over 20,000 square feet on the first floor is allowed General Retail and Entertainment C No commercial building over 20,000 square feet on the first floor is allowed. Light Industrial / Warehousing C Operations within enclosed buildings only. Office or retail shop required in building. No light industrial/ware-housing building over 20,000 square feet. Retail Food Trucks, Farmer’s Market C See Temporary Uses and Structures in the Supplementary Chapter Drive up uses with outside order windows or structures, such as restaurants, banks, etc. C No order window or structure is allowed within 150’ of a residential use. Speakers to be oriented away from adjacent uses. No order or pick up windows in the front yard. Neighborhood Service P General Service P Office P Mixed Use (Commercial with market rate residential use within the same building or located adjacent within a unified site plan) C Non-residential use or residential use that is convertible (built to commercial building code standards) is required for at least 50% of the ground floor facing a public street. 24 hour on-site management required for projects with 50 or more residential units. Mixed Use (Commercial with affordable residential use within the same building or located adjacent within a unified site plan) P Affordable housing developments or individually owned affordable units that are located further than 300' from a major intersection are exempt from including a Non- residential use or residential use that is convertible (built to commercial building code standards) on the ground floor facing a public street. A minimum 50% of the multi- household residential must be affordable to be deemed Affordable Housing. 24 hour on-site management required for projects with 50 or more residential units. ---PAGE BREAK--- Millcreek Together Code Update I Chapter 18.43 Mixed Development Zone I v3 4 Table 18.43.031 Manufacturing Zoning District -Permitted and Conditional Uses P = Permitted Use C = Conditional Use Review Required Use MD Specific Use Standards Mixed Use (Commercial with Mixed-Income residential use within the same building or located adjacent within a unified site plan) P Non-residential use or residential use that is convertible (built to commercial building code standards) is required for at least 50% of the ground floor facing a public street. 24 hour on-site management required for projects with 50 or more residential units. A minimum 20% of the multi household residential must be affordable to be deemed Mixed Income Housing. Commercial parking lot / garage C Non-residential use is required for at least 50% of the ground floor facing a public street. Short term rentals P Provided a valid Millcreek business license has been issued and in good standing with respect to the property. 18.01.40 Prohibited Uses, Limitations A. Notwithstanding the permitted and conditional uses in Table 18.43.041, the following specific prohibitions and/or limitations apply: Table 18.43.041 Prohibited Uses and Limitations Use Specific Use Limitations Detention facility/jail as a principal use Not allowed Indoor/outdoor gun/archery range Not allowed Outside storage Only allowed if not located within view of the street or in any front or side yard facing a street. Such storage requires a minimum 6’ opaque fence. Storage is not considered “display” items. Includes storage containers. Displays over five feet in horizontal distance from the main building. Not allowed Equipment, car, or truck rental Not allowed Non-stealth commercial wireless communication facilities Only stealth type towers allowed ---PAGE BREAK--- Millcreek Together Code Update I Chapter 18.43 Mixed Development Zone I v3 5 Table 18.43.041 Prohibited Uses and Limitations Use Specific Use Limitations Sexually oriented businesses Not allowed subject to MKZ 18.82 Pawnshop Not allowed within 500’ of an arterial/major* intersection or within 1,000’ of an established pawn shop or substantially similar business. Sale or lease of new or used vehicles of all types, watercraft, mobile homes, travel trailers, campers, and other recreational vehicles Not allowed Secondhand stores including general merchandise, precious metal dealer/processor and/or precious gem dealer, military surplus Not allowed if greater than 5,000 square feet Self-storage facility of all types, including mini- storage units, neighborhood storage and temperature controlled storage facilities Only allowed if such uses are located in a mixed use building with residential, general retail, or office uses on 100% of the first floor facing a public street and if located further than 300’ from an arterial/major* intersection but not within 1,000’ of an established substantially similar business. Taxicab, limousine business Not allowed Sororities and fraternities Not allowed Short term (“payday”, “car” title and similar) loan service Not allowed within 300’ of any arterial/major* intersection and not within 1,000’ of other established “payday”, “car title” and other short term loan businesses. Flea markets, swap meets Not allowed Outdoor commercial recreation, amusement, or entertainment business Not allowed Recreational vehicle campgrounds Not allowed B. Table 18.43.041 Notes: *Arterial/major intersections are defined as the major streets that cross with 3900 S, and Central Avenue, including West Temple, Main St., and State Street. Each distance is measured as a radius from the applicant’s nearest property line to the intersection ROW line and/or to the property line of the nearest substantially similar business. Any overlap of the radius onto the applicant’s property excludes the entire property. 18.01.50 Accessory Uses ---PAGE BREAK--- Millcreek Together Code Update I Chapter 18.43 Mixed Development Zone I v3 6 A. Accessory uses and structures shall be subordinate/incidental to the main use and structure. Other than food trucks such uses shall not be allowed in the front or side yards facing a street. 18.01.60 Spatial Requirements A. Spatial limitations for development within the MD Zone are as set forth in Table 18.43.061. Table 18.43.061 Spatial Requirements for Mixed Use (MD) Zones Lot Requirements Minimum Lot Area1 20,000 square feet Minimum Lot Width2 100 feet Building Requirements Maximum Building Height 85 feet Maximum Lot Coverage3 80 percent Minimum Building Height4 2 story Yard Requirements Minimum Front Yard Setback 10 feet Minimum Rear Yard Setback 20 feet – except when adjacent to a defined creek, then 30 feet Minimum Interior Side Yard Setback 20 feet Minimum Corner Side Yard Setback 20 feet Accessory Structures: Rear And Interior Side Yard Setback 10 feet Accessory Structures: Rear And Interior Side Yard Setback When Abutting Residential Use5 20 feet Residential Density Residential Use Subject to the standards of this chapter. No maximum density required B. Table 18.43.061 Notes: 1. For mixed use buildings containing Mixed-Income Housing residential dwellings, no minimum lot area is required. 2. For mixed use buildings containing Mixed-Income Housing residential dwellings, no minimum lot width is required. 3. For mixed use buildings containing Mixed-Income residential dwellings, no maximum lot coverage is required. 4. For mixed use buildings containing Affordable Housing or Mixed-Income Housing residential dwellings, maximum building height is 100’. ---PAGE BREAK--- Millcreek Together Code Update I Chapter 18.43 Mixed Development Zone I v3 7 5. For buildings adjacent to single family residential uses, the side and rear yards abutting such uses shall be increased by one foot for every two feet that the structure exceeds twenty-five feet in height. 6. For Fuel Station uses, gasoline pumps shall be set back not less than twenty- four feet from any street property line, and not less than thirty feet from any residential zone boundary line. If the pump island is set at an angle on the property, it shall be so located that automobiles stopped for service will not extend over the property line. In addition, canopies constructed to provide a weather shield over gasoline pump islands shall be set back not less than 4’ feet from any required setback. 18.01.70 Site and Design Standards A. Entrances to the first floor of commercial and mixed use buildings shall front onto the street. Functional transparent(at least 90%) windows shall make up at least 50% of first floor street-facing facades. Interior lighting is required. Living screens may replace up to 35% of the window requirement on the first floor street-facing facades. Top floors shall have architectural differentiation from the other floors in the building. B. No parking is allowed between the building(s) and the street. C. Corner lots are deemed to have two front yards. Any façade parallel to or within 60 degrees of the property frontage along a street as defined in MKZ 18.99 is deemed to front the street. D. The front yard setback is the build-to-line within 300’ of any major intersection. At least 50 percent of the front elevation of the building(s) must be built within 10 feet of the build-to-line. A build-to-line is defined as the line at which construction of a building façade is to occur on a lot, running parallel to the front property line, and ensuring a uniform (or more or less even) building façade line on the street. E. Garbage and Recycling. The development shall be designed to accommodate and efficiently manage the collection, storage, and removal of garbage in harmony with the neighborhood so as to minimize detrimental effects of the collection, storage, and removal on any use within the development or abutting uses. Dumpster enclosures are required. No refuse dumpster or dumpster enclosure structure shall be located closer than 10 feet to any perimeter property line. Enclosure structures must have a minimum of three sides that reflect or emulate the materials, design, and quality of the overall development. All developments shall provide recycling services. ---PAGE BREAK--- Millcreek Together Code Update I Chapter 18.43 Mixed Development Zone I v3 8 F. Building Materials. Exterior materials of a durable or resilient nature such as brick, stone, stucco, prefinished panel, composite materials, or other materials of similar quality, hardiness, and low maintenance characteristics shall be used. No single material is allowed to exceed 50 percent of street-facing facades. Other materials may be considered for soffits, or as an accent or architectural feature. Twenty-five year guarantee, architectural shingles and/or other longer lasting roof materials are required. G. Residential uses shall include some commercial uses along the public street or be constructed in a manner to allow for future commercial uses on the first floor (convertible space). H. Uses adjacent to Big Cottonwood Creek shall include a usable open space buffer area next to that creek, defined as the high water mark or flood plain setback plus 30’ as a minimum. Such areas are recommended for a trail system. 18.01.080 Related Provisions. For additional information refer to the zoning ordinance and in particular the following sections: Related Provisions Reference Section Topic MKZ 18.85 Measurement of Height MKZ 18.65 Parking and Mobility MKZ 18.67 Landscaping MKZ 18.68 Signs MKZ 18.69 Fences and Walls MKZ 18.70 Outdoor Lighting