Document Millcreek_doc_d2213661eb

Millcreek City Hall 3330 East Chambers Ave Millcreek, Utah 84106 millcreek.us Planning & Zoning (801) 214-2700 [EMAIL REDACTED] Page 1 of 6 CITY COUNCIL STAFF REPORT To: City Council Meeting Date : February 26th, 2024 RE: First Reading of File Number ZT-23-012 - Adopting a new Commercial Zone Scope of Decision: Discretionary. This is a legislative matter, to be decided by the Millcreek City Council upon receiving a recommendation from the Community Council(s) and the Millcreek Planning Commission. Your recommendation can be broad in scope, but should consider prior adopted policies, especially the Millcreek General Plan. Prepared by : Logan & Simpson and Millcreek Staff Presented b y: Brad Sanderson, AICP Background & Request As part of Millcreek’s comprehensive zoning code update, Millcreek Staff is proposing a new Commercial Zone which seeks to combine the existing Commercial C-2 and Commercial C-3 Zones into a single zone. As part of the incorporation of Millcreek as a city in 2017-2018, many zoning and development codes were adopted but have long been neglected and outdated. Millcreek Staff, with the aid of Logan and Simpson, a hired consultant, has been working to update many of Millcreek’s zoning codes. Updates to the Commercial zoning code have been developed over the past several months beginning late summer of 2023, with preliminary input from a Stakeholder Committee, consisting of Millcreek residents, developers, members of the Community Councils and Planning Commission. A draft of the commercial zone began circulating and receiving input from each Community Council in October of 2023 followed by formal presentations and discussion in November and December. A link to ‘Konveio’, (an online commenting platform), was established to gather further comment and consideration from each of the community councils as well as the planning commission. Staff presented the proposed Commercial zone to the Planning Commission on both December 20th and January 17th, 2024 during a public meetings. A notice was sent out to property owners who own property within the current C-1, C-2, C-3 Zones. However, it was later realized that property owners with an address containing a suite or unit number were not notified. Additional notice will be sent prior to any final code adoption. ---PAGE BREAK--- Millcreek City Hall 3330 East Chambers Ave Millcreek, Utah 84106 millcreek.us Planning & Zoning (801) 214-2700 [EMAIL REDACTED] Page 2 of 6 At this point in time, Staff is requesting that the City Council discuss at their public meeting and provide additional input relevant to the proposed draft. Staff welcomes any further guidance on how this code can be improved to further the goals of the Millcreek General Plan and best practices regarding each proposed zoning code update. FINDINGS, CONCLUSIONS , & RECOMMENDATI ON General Overview and Findings  The following Guiding Principals were initially established as part of the Millcreek code update: o Ensure that the code is user-friendly. o Consolidate and Unite o Include language that is clearly defined and uniform. o Make development easy. o Encourage community health and sustainable development practices. o Build the right procedures. o Provide enforceable tools.  The code update will not “rezone” any properties, as part of the Commercial code update. All properties will stay within the respective zone, as per the current Zoning Map.  The code update primarily applies to new development. All existing or current uses and/or structures will not be affected by the proposed code update; and will be allowed to continue to exist and operate, so long as they were legally permitted under the old code at the time they were established. Commercial Zone Summary and Findings  Millcreek currently has three commercial zones each containing similar development and design standards. Following the Guiding Principles (listed above), the update seeks to consolidate the C-2 & C-3 Zones into a single commercial zone. Due to concerns revolving around with certain uses, the consensus from both community councils and planning commission was to remove the C-1 zone from the original commercial zone consolidation. As such, the C-1 Zone will remain separate and independent with only essential formatting changes.  To address some concerns with impact to existing neighborhoods, the update proposed certain proximity buffers as it relates to certain “incompatible uses” (e.g. gas stations, drive-thru, carwashes, auto sales and services, etc.). The intent of the buffers is to help alleviate possible impact which some possible higher impact uses may have on adjacent nearby residentially zoned properties.  The update seeks to change certain uses from a ‘permitted use’ to ‘conditional use’ and vice versa.  Mixed-use continues to remain as an allowed use within the commercial zone? ---PAGE BREAK--- Millcreek City Hall 3330 East Chambers Ave Millcreek, Utah 84106 millcreek.us Planning & Zoning (801) 214-2700 [EMAIL REDACTED] Page 3 of 6  Affordable housing incentives are being introduced as permitted uses (with some limitations)  Proposed design standards include but are not limited to the following: o Build-to lines to promote urban street edge design (75% of building facades need to be near the street for properties located within 300 feet of a major intersection) o Limits structures to 35 feet tall when within 100 feet of a residential zone o Includes architectural articulation standards. o Maintains existing material requirements for general commercial use but requires equal treatment on all building facades. o Updates specific use design standards for hotels and prohibits stucco. o Mixed use development requires a minimum of 100 feet of street frontage. o Mixed use follows RM Zone standards but allows for reduced open space from 20% of the land area to 250 square feet of open space/dwelling unit. o New requirements for dumpster placement and screening General Plan Considerations The Millcreek General Plan includes a number of goals, strategies, and implementation targets that are accomplished through the updated Commercial Zone. Relevant strategies and implementation measures are discussed below, along with a brief discussion in a shaded text box, describing how the ordinance updates accomplish these measures. UNIQUE NEIGHBORHOOD S Strategy: Ensure Neighborhood Compatibility Implementation: Ensure that new adjacent and infill development is compatible with existing neighborhoods by regulating structure sizes and heights; building forms and materials; yard setbacks; streetscape character; height and bulk transitions; buffering; and other factors. Strategy: Rezone for densities necessary to facilitate the production of moderate-income housing (MIH) Implementation: Review and amend requirements of the Commercial Zones during the 2023 zoning code update to entice qualifying moderate income housing developments. Amendments may include waiving commercial use requirements for qualifying MIH projects in the C Zones. In addition to the buffer requirements listed within the recently adopted Landscape ordinance, both the ‘Residential Mixed’ and ‘Commercial’ ordinances attempt to further buffer existing neighborhoods by 1) maintaining the ‘height transition’ requirements, 2) maintain or increase the rear yard setback between new commercial/multi-unit residential and existing residential zones/uses (15’ for 2 to 4 unit dwellings and 25’ for non-residential uses and higher density developments), 3) as it pertains specifically to the Commercial Zone, building proximity to abutting street frontages and further away from neighborhoods with required “build-to areas” and ---PAGE BREAK--- Millcreek City Hall 3330 East Chambers Ave Millcreek, Utah 84106 millcreek.us Planning & Zoning (801) 214-2700 [EMAIL REDACTED] Page 4 of 6 4) limit on certain “higher impact uses” (gas stations, carwashes, drive-thru, etc.) to be located further than 150’ distance from a residential use or property line. Both Residential Mixed and Commercial ordinances introduce ‘affordable housing’ as a new stand-alone “permitted” use, with additional 25% density bonuses for larger developments. VIBRANT GATHERING PLACES : Strategy: Implement zoning incentives for moderate income units in new developments and offer a variety of housing opportunities. Implementation: Explore specific incentives to entice developers to offer owner-occupied developments or a precentage thereof. Mixed use developments are allowed uses within the Commercial zone. THRIVING ECONOMY: Strategy: Zone or rezone for higher density or moderate income residential development in commercial or mixed use zones near major transit investment corridors, commercial centers, or employment centers Implementation: Revise land use designations within the Future Land Use Map and amend areas near major transit corridors and centers that are more appropriate for higher densities and qualifying moderate income housing developments by 2027 Strategy: Amend land use regulations to allow for higher density or new moderate income residential development in commercial or mixed-use zones near major transit investment corridors Implementation: Adopt reduced regulations and requirements in the Commercial Zone during the 2023 zoning code update which may include: • Consider implementing a density bonus incentive that gives a developer the ability to construct more units in exchange for providing additional moderate income housing units. • Create a streamlined development review process for affordable housing projects. Density bonus, up to 25%, may be allowed for developments with affordable housing. The Residential-Mixed zones requires mixed, within 500 feet of a specified intersection, for developing properties. Community Council Recommendations ---PAGE BREAK--- Millcreek City Hall 3330 East Chambers Ave Millcreek, Utah 84106 millcreek.us Planning & Zoning (801) 214-2700 [EMAIL REDACTED] Page 5 of 6 The Millcreek Community Council (MCC) recommend ed the following: Approve the Commercial Zone with the following recommendations : 1. Add a restriction on new storage units east of 700 East. 2. Reduce the percentage of affordable housing that can be built in C-Zone. As written, it is 100%; perhaps 25-50% minimum will entice more potential developers interested in building affordable housing. The Mount Olympus Community Council (MOCC) recommend ed the following : The MOCC provides a qualified recommendation for the adoption of the Commercial zone draft ordinance , subject to remedying or clarifying the following issues . 1. The draft commercial zone ordinance reduces the geographical restrictions on a number of so-called “incompatible” uses, including, but not limited to) outdoor commercial recreation, vehicle service and repair, equipment car and truck rental, outdoor kennels, pawnshops, smoke shops, tattoo services, check cashing /payday lenders, flea markets, swap meets, etc. 2. Related to the above, the draft ordinance will allow in the current C-1 zone areas a number of “Incompatible” uses that are currently prohibited or limited in that zone, as listed above. 3. Although it is implausible for several reasons that such an outcome would occur, the draft commercial zone ordinance allows for a vehicle dealership at the Olympus Hills Shopping center location as a permitted use, an area designated in the General Plan as a prospective village center. In addition, there are a number of other uses that the draft ordinance will allow in this area that are also incompatible with the village center concept. The EMCCC forwards a positive recommendation for the approval of the [Application ZT-23- 012 Adoption of Commercial Zone Ordinance ] subject application with the following considerations/questions: Please read James Allyn ’s letter regarding his concerns and objections (see letter attached). Drafts of both proposed code updates were presented in the month of November; however, Canyon Rim Community Council (CRCC) did not hold a meeting in the month of December , however because the Planning Commission meeting and discussion were “continued”, Staff was able to present the proposed Commercial to the CRCC at the beginning of January. The CRCC has yet to offer an official recommendation or suggestion s pertaining to the zone. Planning Commission Recommendation s Following their second formal meeting, the Planning Commission made a 7-0 recommendation in favor of the proposed commercial zone with the additional changes below (see below). Staff has incorporated these changes into the draft, which is included with this report (see track changes). ---PAGE BREAK--- Millcreek City Hall 3330 East Chambers Ave Millcreek, Utah 84106 millcreek.us Planning & Zoning (801) 214-2700 [EMAIL REDACTED] Page 6 of 6 • Commercial entertainment – increase the residential separation to 300 feet. • Add vaping to tobacco sales. • Revise 18.45.060(7)(c) regarding perimeter fencing to make consistent with landscape buffer. • Exempt drive-throughs without speaker boxes from limits • Keep C-1 separate. • Consider flexibility for entrances. Consider options that allow for entrances to be close to the street, but not on the front. • Consider separate enhanced incentives for low and very low AMI housing. • 100-foot ROW minimum for automobile sales. • Separation between restaurant drive-throughs • Minimum distance for restaurant drive-throughs from corner. Staff Recommendation Based on the Findings and Conclusions, Staff recommends that the City Council consider File Number ZT-23-012 the proposed new Commercial Zone and make suggested changes prior to a second or final review, at a later date. SUPPORTING DOCUMENTS  Updated Commercial Zone Code (Clean)  Updated Commercial Zone Code (Track Change Format ) ---PAGE BREAK--- Page 1 of 7 Millcreek City Hall 3330 East Chambers Ave Millcreek, Utah 84106 millcreek.us Planning & Zoning (801) 214-2700 [EMAIL REDACTED] PLANNING COMMISSION STAFF REPORT From: Millcreek Staff To: Planning Commission Meeting Date: December 20th, 2023 RE: File Number ZT-23-012 – Adoption of a Commercial Zone Ordinance File Number ZT-23-015 – Adoption of a Residential Mixed (RM) Zone Ordinance Scope of Decision: Discretionary. This is a legislative matter, to be decided by the Millcreek City Council upon receiving a recommendation from the Community Council(s) and the Millcreek Planning Commission. Your recommendation can be broad in scope, but should consider prior adopted policies, especially the Millcreek General Plan. Prepared by: Logan & Simpson and Millcreek Staff Presented by: Brad Sanderson, AICP Background & Request As part of Millcreek’s comprehensive zoning code update, Staff is seeking your input and recommendation regarding two new ordinances: Commercial Zone and Residential Mixed Zone. As part of the incorporation of Millcreek as a city in 2017-2018, many zoning and development codes were adopted by have long been neglected and outdated. Millcreek Staff, with the aid of Logan and Simpson, a hired consultant, is working to update many of Millcreek’s zoning codes. Updates to the Commercial and Residential Mixed (RM) zoning codes have been developed over the past several months with preliminary input from a stakeholder committee, consisting of Millcreek residents, developers, and members of the Community Councils. Furthermore, a draft of each ordinance was later emailed to each community council and planning commission member beginning in early October of this year followed by an informal presentation and discussion with each of the Community Councils in November. A link to ‘Konveio’, (an online commenting platform), was established to gather further comment and consideration from each of the community councils and the planning commission. Staff later made a formal presentation to three of the four community councils during the month of December and have received some recommendations, (see below). Note: Canyon Rim did not hold a meeting during the month of December. A notice was sent out to property owners who own property within the current C-1, C-2, C-3, or RM zones, as well as to many property owners abutting properties within any of these affected zones. ---PAGE BREAK--- Page 2 of 7 Millcreek City Hall 3330 East Chambers Ave Millcreek, Utah 84106 millcreek.us Planning & Zoning (801) 214-2700 [EMAIL REDACTED] Staff is now requesting that the Planning Commission hold a public meeting and provide two separate recommendations to the City Council, one for each of the proposed ordinances. Staff welcomes any further guidance from you on how these ordinances can be improved to further the goals of the Millcreek General Plan and best practices regarding each proposed zoning code update. General Overview • The following Guiding Principals were initially established as part of the Millcreek code update: o Ensure that the code is user-friendly. o Consolidate and Unite o Include language that is clearly defined and uniform. o Make development easy. o Encourage community health and sustainable development practices. o Build the right procedures. o Provide enforceable tools. • The code update will not “rezone” any properties, as part of the Commercial and Residential Mixed (RM) code update. All properties will stay within the respective zone, as per the current Zoning Map. • The code update primarily applies to new development. All existing or current uses and/or structures, will not be affected by the proposed code update; and will be allowed to continue to exist and operate, so long as they were legally permitted under the old code at the time they were established. Commercial Zone Summary • Millcreek currently has three commercial zones each containing similar development and design standards. Following the Guiding Principles (listed above), the update seeks to consolidate the C-1, C- 2 & C-3 Zones into a single commercial zone. • To address some concerns with impact to existing neighborhoods, the update proposed certain proximity buffers as it relates to certain “incompatible uses” (e.g. gas stations, drive-thru, carwashes, auto sales and services, etc.). The intent of the buffers is to help alleviate possible impact which some possible higher impact uses may have on adjacent nearby residentially zoned properties. • The update seeks to change certain uses from a ‘permitted use’ to ‘conditional use’ and vice versa. • Mixed-use continues to remain as an allowed use within the commercial zone? • Affordable housing, including some incentives, are being introduced as permitted uses (with some limitations) • Proposed design standards include but are not limited to the following: o Build-to lines to promote urban street edge design (75% of building facades need to be near the street for properties located within 300 feet of a major intersection) o Limits structures to 35 feet tall when within 100 feet of a residential zone o Includes architectural articulation standards. o Maintains existing material requirements for general commercial use but requires equal treatment on all building facades. o Updates specific use design standards for hotels and prohibits stucco. o Mixed use development requires a minimum of 100 feet of street frontage. ---PAGE BREAK--- Page 3 of 7 Millcreek City Hall 3330 East Chambers Ave Millcreek, Utah 84106 millcreek.us Planning & Zoning (801) 214-2700 [EMAIL REDACTED] o Mixed use follows RM Zone standards but allows for reduced open space from 20% of the land area to 250 square feet of open space/dwelling unit. o New requirements for dumpster placement and screening Implications & Considerations • Although the consolidation of the three commercial zones may make the code less cumbersome, are there any foreseeable or unintended detriments resulting from the zone consolidation? • Should the commercial zones remain as three separate uses or would they be better consolidated into two zones rather than one, or could additional buffers be implemented on certain uses that might mitigate impacts? • Are there certain uses that should or should not be allowed within the commercial zones? • Are there certain uses which should be a conditional use vs. a permitted use? • Are the affordable housing incentives adequate, clear, and enforceable? • Do the restrictions, as proposed within the commercial zone, discourage economic development? • Should the commercial zones be reserved strictly for just retail type uses? • Are there concerns with premium commercially zoned properties being developed as mixed use with an imbalance of retail vs. non-retail uses? • Would the commercial zones be less cumbersome if mixed-use development, including the mixed-use design standards, were moved to mixed-use zones, with the possibility of re-designating where mixed- use development is most appropriate, as part of a future land use general plan update? • Are there adjustments or additional design standards that should be considered? • Do the proposed updated codes meet the intent of the Guiding Principles and strategies, goals, and policies of the General Plan? Residential Mixed Zone Summary • The RM Zone is primarily intended for medium to high density development but has many commercial uses currently within the zone, so a slight change to the name of zone has been made to “Residential Mixed” reflecting the mix of some uses in the district. • Two, three, and four-household dwellings are proposed as ‘permitted use’. • Multiple-household developments which have fewer than six units and are less than 30 feet tall, are listed as ‘permitted use’. Developments which have more than six units and buildings exceeding 30 feet tall, (maximum of 45 feet tall) the use is then listed as a conditional use. • Some commercial uses are allowed within new development but only as part of a mixed-use development. • Requires mixed uses for properties along street frontages located within 500’ of major intersections. Permits commercial uses such as restaurant, retail, and personal services in conjunction with mixed use. • Affordable housing density incentive - qualifies for a 25% reduction in minimum lot size. • To help reduce box or barrack style development, a maximum building length and a street facing/orientation of building requirements have been added. • New roof decks standards are included. • Location and screening criteria for dumpsters and utilities. ---PAGE BREAK--- Page 4 of 7 Millcreek City Hall 3330 East Chambers Ave Millcreek, Utah 84106 millcreek.us Planning & Zoning (801) 214-2700 [EMAIL REDACTED] • Recreational amenity requirements have been revised to reflect more current features and clarify standards for amenities. • Requires ground floor living space for residential uses to activate ground levels. Implications & Considerations • Should there be limitations on certain ‘retail uses’ that should be allowed in the RM Zone? • Should a higher number of residential units be allowed as ‘permitted use’ or is six the right number? • Should lot coverage be excluded for residential developments exceeding a certain number of units and/or mixed-use type developments altogether? • Is mixed use still an appropriate use within the RM Zone or should it be its own designation? • Are the affordable housing incentives sufficient, or are there others? Do all the units need to be affordable or is there a percentage or ratio that might be preferred? How is it enforced? • Should architectural features (i.e. parapets, towers, steeples, mechanical shelters, shade structures, etc.) be included or excluded from building height limitations (30 feet or 45 feet) include? • Should ground floor living area requirements be limited to residential uses only or should they apply to mixed use development as well? • Do the proposed updated codes meet the intent of the Guiding Principles and strategies, goals, and policies of the General Plan? General Plan Considerations The Millcreek General Plan includes a number of goals, strategies, and implementation targets that are accomplished through the updated Commercial Zone and Residential Mixed Zone ordinances. Relevant strategies and implementation measures are discussed below, along with a brief discussion in a shaded text box, describing how the ordinance updates accomplish these measures. UNIQUE NEIGHBORHOODS Strategy: Ensure Neighborhood Compatibility Implementation: Ensure that new adjacent and infill development is compatible with existing neighborhoods by regulating structure sizes and heights; building forms and materials; yard setbacks; streetscape character; height and bulk transitions; buffering; and other factors. Strategy: Rezone for densities necessary to facilitate the production of moderate-income housing (MIH) Implementation: Review and amend requirements of the Commercial Zones during the 2023 zoning code update to entice qualifying moderate income housing developments. Amendments may include waiving commercial use requirements for qualifying MIH projects in the C Zones. In addition to the buffer requirements listed within the recently adopted Landscape ordinance, both the ‘Residential Mixed’ and ‘Commercial’ ordinances attempt to further buffer existing neighborhoods by 1) maintaining the ‘height transition’ requirements, 2) maintain or increase the rear yard setback between new ---PAGE BREAK--- Page 5 of 7 Millcreek City Hall 3330 East Chambers Ave Millcreek, Utah 84106 millcreek.us Planning & Zoning (801) 214-2700 [EMAIL REDACTED] commercial/multi-unit residential and existing residential zones/uses (15’ for 2 to 4 unit dwellings and 25’ for non-residential uses and higher density developments), 3) as it pertains specifically to the Commercial Zone, building proximity to abutting street frontages and further away from neighborhoods with required “build-to areas” and 4) limit on certain “higher impact uses” (gas stations, carwashes, drive-thru, etc.) to be located further than 150’ distance from a residential use or property line. Both Residential Mixed and Commercial ordinances introduce ‘affordable housing’ as a new stand-alone “permitted” use, with additional 25% density bonuses for larger developments. VIBRANT GATHERING PLACES: Strategy: Implement zoning incentives for moderate income units in new developments and offer a variety of housing opportunities. Implementation: Explore specific incentives to entice developers to offer owner-occupied developments or a precentage thereof. Mixed use developments remain as allowed uses within both the Commercial and Residential-Mixed zones. The Residential zone, if adopted would require a minimum of 150 sqft. of living space on the ground floor of multi-unit residential development. THRIVING ECONOMY: Strategy: Zone or rezone for higher density or moderate income residential development in commercial or mixed use zones near major transit investment corridors, commercial centers, or employment centers Implementation: Revise land use designations within the Future Land Use Map and amend areas near major transit corridors and centers that are more appropriate for higher densities and qualifying moderate income housing developments by 2027 Strategy: Amend land use regulations to allow for higher density or new moderate income residential development in commercial or mixed-use zones near major transit investment corridors Implementation: Adopt reduced regulations and requirements in the Commercial Zone during the 2023 zoning code update which may include: • Consider implementing a density bonus incentive that gives a developer the ability to construct more units in exchange for providing additional moderate income housing units. • Create a streamlined development review process for affordable housing projects. Density bonus, up to 25%, may be allowed for developments with affordable housing. The Residential-Mixed zones requires mixed, within 500 feet of a specified intersection, for developing properties. ---PAGE BREAK--- Page 6 of 7 Millcreek City Hall 3330 East Chambers Ave Millcreek, Utah 84106 millcreek.us Planning & Zoning (801) 214-2700 [EMAIL REDACTED] Community Council Recommendations The Millcreek Community Council (MCC) recommended the following: Approve the RM Residential Mixed Zone ordinance with the recommendation to consider changing Paragraph 18.01.30 from and under 50 units" be changed to 12 units. Approve the Commercial Zone with the following recommendations: 1. Add a restriction on new storage units east of 700 East. 2. Reduce the percentage of affordable housing that can be built in C-Zone. As written, it is 100%; perhaps 25-50% minimum will entice more potential developers interested in building affordable housing. The Mount Olympus Community Council (MOCC) recommended the following: The MOCC provides a positive recommendation for its adoption of the R-M zone draft ordinance, as no concerns or qualifications at this point in time have been identified. The MOCC provides a qualified recommendation for the adoption of the Commercial zone draft ordinance, subject to remedying or clarifying the following issues. 1. The draft commercial zone ordinance reduces the geographical restrictions on a number of so-called “incompatible” uses, including, but not limited to) outdoor commercial recreation, vehicle service and repair, equipment car and truck rental, outdoor kennels, pawnshops, smoke shops, tattoo services, check cashing /payday lenders, flea markets, swap meets, etc. 2. Related to the above, the draft ordinance will allow in the current C-1 zone areas a number of “Incompatible” uses that are currently prohibited or limited in that zone, as listed above. 3. Although it is implausible for a number of reasons that such an outcome would occur, the draft commercial zone ordinance allows for a vehicle dealership at the Olympus Hills Shopping center location as a permitted use, an area designated in the General Plan as a prospective village center. In addition, there are a number of other uses that the draft ordinance will allow in this area that are also be incompatible with the village center concept. The East Mill Creek Community Council (EMCCC) forwards a positive recommendation for the approval of the [Application ZT-23-015 Adoption of Residential Mixed (RM) Zone Ordinance] subject application. The EMCCC forwards a positive recommendation for the approval of the [Application ZT-23-012 Adoption of Commercial Zone Ordinance] subject application with the following considerations/questions: Please read James Allyn’s letter regarding his concerns and objections (see letter attached). ---PAGE BREAK--- Page 7 of 7 Millcreek City Hall 3330 East Chambers Ave Millcreek, Utah 84106 millcreek.us Planning & Zoning (801) 214-2700 [EMAIL REDACTED] Drafts of both proposed code updates were presented in the month of November; however, Canyon Rim Community Council (CRCC) did not hold a meeting in the month of December. Attachments: 1. Commercial Zone Summary and Draft 2. Residential Mixed Zone Summary and Draft 3. James Allyn’s Letter (member of EMCCC) ---PAGE BREAK--- Millcreek Together Code Update I Chapter 18.45 Commercial Zone I v6 1 18.01 Commercial Zone 18.01.010 Purpose. A. The purpose of the Commercial Zone is to provide areas for community commercial development. Such zones cater to local and regional markets and may include limited residential uses as incorporated into a commercial mixed-use development. 18.01.020 Applicability A. This Chapter shall govern the development of land within the Commercial Zone. 18.01.030 Permitted And Conditional Uses A. Uses in the Commercial Zone are as set forth in Table 18.45.031 Permitted and Conditional Uses in the C Zone. Table 18.45.031 Permitted and Conditional Uses in the Commercial Zone P= Permitted C= Conditional Use Review Required Land Use C Zone Limitations / References Residential Uses Affordable Housing P 100% of units must be affordable if not in association with mixed use standards as set forth in MKZ 19.XX.XX Multiple-household dwelling P Only permitted in association with mixed use set forth in the development standards as set forth in MKZ 19.XX.XX Nursing home/ Assisted living P Residential Facility For Persons With A Disability P Residential Facility For Elderly Persons P Caretaker Dwelling P Additional use standards apply as set forth in MKZ 19.XX.XX Commercial Uses ---PAGE BREAK--- Millcreek Together Code Update I Chapter 18.45 Commercial Zone I v6 2 Table 18.45.031 Permitted and Conditional Uses in the Commercial Zone P= Permitted C= Conditional Use Review Required Land Use C Zone Limitations / References Animal Services P Outdoor kennels or animal play areas prohibited within 150’ of a residential use or a residential zone.1 Automobile / recreational vehicle sales or rental C Only allowed when located on arterial roadways 80’ or greater in width. Prohibited within 150’ of a residential use or a residential zone.1 Additional use standards apply as set forth in MKZ 19.XX.XX Automobile service and repair C Prohibited within 150’ of a residential use or a residential zone and within 1,320’ (1/4 mile) of an established substantially similar business. 1 Additional use standards apply as set forth in MKZ 19.XX.XX Does not include any impound, salvage yard or vehicle recycling facilities Car wash C Prohibited within 150’ of a residential use or a residential zone1 and within 300’ of a major intersection and within 1,320’ (1/4 mile) of an established substantially similar business. 1 Clinic, medical or dental P Commercial Daycare P Commercial Entertainment under 25,000 square feet P Outdoor entertainment uses prohibited within 150’ of a residential use or a residential zone1. Gun ranges (indoor or outdoor) are prohibited. Commercial Entertainment, 25,000 square feet or more C Outdoor entertainment uses prohibited within 150’ of a residential use or a residential zone.1 Gun ranges (indoor or outdoor) are prohibited. ---PAGE BREAK--- Millcreek Together Code Update I Chapter 18.45 Commercial Zone I v6 3 Table 18.45.031 Permitted and Conditional Uses in the Commercial Zone P= Permitted C= Conditional Use Review Required Land Use C Zone Limitations / References Commercial kitchen / ghost kitchen P Prohibited within 150’ of a residential use or a residential zone. 1 Commercial parking lot/ parking garage C Parking garages shall include non- residential uses for at least 75% of the ground floor facing a public street. Community Garden P Depository Financial Institution P Drive through window C Drive through windows prohibited within mixed-use developments. Eating and drinking establishment P Flex Space P Maximum square footage of 10,000 square feet per building, a minimum of 20% of floor area must be office and or retail uses. Fuel Station C Prohibited within 1,320’ (1/4 mile) of an existing fuel station and within 150’ of a residential use or a residential zone.1 Funeral Home / Mortuary P Greenhouse / plant nursery P Gym / fitness studio under 5,000 square feet P Gym / fitness studio 5,000 square feet or more C Hospital C ---PAGE BREAK--- Millcreek Together Code Update I Chapter 18.45 Commercial Zone I v6 4 Table 18.45.031 Permitted and Conditional Uses in the Commercial Zone P= Permitted C= Conditional Use Review Required Land Use C Zone Limitations / References Light Service and Repair P Maximum square footage of 10,000 square feet. Lodging P Live /Work Unit P Only permitted in association with mixed use set forth in the development standards as set forth in MKZ 19.XX.XX Non-Depository Financial Institution P Prohibited within 2,40’ (1/2 mile) of an established substantially similar business. 1 Office P Pawn Shop P Prohibited within 300’ of a major intersection and within 1,320’ (1/2 mile) of an established substantially similar business. 1 Personal Service P Reception or event center P Outdoor uses prohibited within 300’ of a residential use or a residential zone. 1 Retail sales P Retail stores primarily selling tobacco and/ or associated paraphernalia are prohibited within 1,320’ (1/4 mile) of an established substantially similar business. 1 Self-storage facility C Prohibited within 300’ of a major intersection and within 1,320’ (1/4 mile) of an established substantially similar business. 1 Additional location restrictions apply as set forth in MKZ 19.XX.XX Institutional Uses ---PAGE BREAK--- Millcreek Together Code Update I Chapter 18.45 Commercial Zone I v6 5 Table 18.45.031 Permitted and Conditional Uses in the Commercial Zone P= Permitted C= Conditional Use Review Required Land Use C Zone Limitations / References Commercial wireless communication facilities P Only stealth type towers/ accessory structures permitted Public uses P Detention Facilities are not permitted Religious Assembly P Quasi-Public Use C 1 Distances are measured from property line or nearest point of the right-of-way at an intersection to the subject property line at the nearest point. 18.01.040 Accessory Uses. A. Accessory uses and structures shall be subordinate/incidental to the main use and structure and shall not be allowed in the front or side yards facing a street. 18.01.050 Spatial Requirements A. The spatial requirements are as set forth in Table 18.45.051 Spatial Requirements for the Commercial Zone Figure18.45.051 Commercial zone spatial requirements illustration Figure 18.45.051 Commercial zone spatial requirements illustration when abutting residential zones. ---PAGE BREAK--- Millcreek Together Code Update I Chapter 18.45 Commercial Zone I v6 6 Table 18.45.051 Spatial Requirements for Commercial Zone Spatial Requirement C Zone When abutting residential zone Minimum lot area None Minimum lot width None Maximum building height 45’ 45’, 35’ within 100‘ of residential zone Maximum lot coverage 80% Minimum building height 1 story, 2 stories within village centers (2300 E/ 3300 S, Olympus Hills, Highland Dr/ Murray-Holladay Rd) Minimum front yard 15’ 15’ ---PAGE BREAK--- Millcreek Together Code Update I Chapter 18.45 Commercial Zone I v6 7 Table 18.45.051 Spatial Requirements for Commercial Zone Spatial Requirement C Zone When abutting residential zone Minimum rear yard None 25’, subject to Landscape Buffer B as set forth in MKZ 19.XX Minimum interior side yard None 10’ subject to Landscape Buffer B as set forth in MKZ 19.XX Minimum corner side yard 15’ Accessory structure minimum rear and interior side yard 1’ 10’ between buildings ---PAGE BREAK--- Millcreek Together Code Update I Chapter 18.45 Commercial Zone I v6 8 18.01.060 Site Layout Standards. A. Development within the C Zone shall meet the following site layout standards: Figure 18.45.061 Site Standards Illustration 1. Building Orientation. Buildings shall orient their street facing facades parallel to the right of way. 2. Build-To-Area. Developments within 300’ of a major intersection as measured by a radius from the applicant's nearest property line to the arterial intersection ROW line are required to conform to the following standards: Figure 18.45.062 Sites Within 300’ of a Major Intersection Standards ---PAGE BREAK--- Millcreek Together Code Update I Chapter 18.45 Commercial Zone I v6 9 a. Major intersections are defined where the following streets intersect with one another: Murray- Holladay Rd. 4500 S 3900 S 3300 S 300 W West Temple Main Street State Street 500 East (10) 700 East (11) 900 East (12) 1100 East (13) 1300 East (14) Highland Drive (15) 2000 East (16) 2300 East (17) 2700 East (18) Wasatch Boulevard b. The build-to-area is measured perpendicularly to the front setback and is ten feet (10’) in depth. Build-to-area may not encroach upon the front yard setbacks established in this Chapter. c. A minimum of 75 percent of the front elevation of the building(s) must be within the build-to-area. 3. Entrances. Commercial and residential entrances to the first floor of commercial and mixed use buildings shall front on the street. On double or triple-frontage lots, entrances are required where the greatest amount of pedestrian traffic is anticipated, but in all cases must front on a street. 4. Vehicle access and parking. a. For sites within Village Centers and 300’ of major intersections: No parking, circulation driveway or drop-off/ pickup areas are permitted between the front of the building and the street. b. For all other locations: A maximum of one parking row, circulation driveway, or drop-off/ pickup areas is permitted between the front of the building and the street. ---PAGE BREAK--- Millcreek Together Code Update I Chapter 18.45 Commercial Zone I v6 10 5. Garbage and Recycling. All development shall be designed to accommodate and efficiently manage the collection, storage, and removal of garbage and recycling per the following standards: a. All developments must provide recycling services. b. All development is required to screen dumpsters and recycling facilities per the standards of this section as well as the landscape standards as set forth in MKZ 19.77 c. No refuse, recycling bin, dumpster or dumpster enclosure structure shall be located closer than 10 feet (10’) to any perimeter property line. d. Enclosures shall be constructed of a solid masonry material and shall include sold steel gates. 6. Utilities. a. Location. All utilities shall be located underground with the exception of existing overhead transmission lines. b. Screening. All utility equipment shall be screened from view as set forth in MKZ 19.XX. c. Permissions. Private water and other in-ground utilities that are privately owned require piping subject to the approval of the utility owner. 7. Perimeter Fencing. Fencing is required for non-residential uses located adjacent to residential zones and mixed-use developments as set forth in MKZ 19.77.050 Landscape Standards, except as follows: a. Acceptable fencing materials include architecturally designed brick, stone, or block, or pre-cast concrete. b. Fencing with materials using composite products, wrought iron, wood, or vinyl is permitted if accompanied by a minimum two foot wide, six foot tall brick or stone pillars spaced every ten feet on center. c. Exterior fencing along a public right of way shall be limited to brick, stone, or block, or pre- cast concrete and be setback a minimum of 5 feet from the property line to allow for a landscaping buffer designed in accordance with MKZ 19.77. 18.01.070 Building massing standards A. Development within the C Zone shall meet the following building massing standards: 1. Stepbacks. Buildings greater than 35 feet (35’) in height shall have a 10 foot (10’) stepback between the first or second stories and third story when along Streets, Property Frontages, and Residential Zone Boundaries. ---PAGE BREAK--- Millcreek Together Code Update I Chapter 18.45 Commercial Zone I v6 11 Figure 2 Stepback illustration 2. Massing and Façade Articulation. All buildings that are not faced entirely in brick or stone shall be designed to have at least three of the following massing or façade articulation design elements: Figure 18.45.071 Building Massing Standards Illustration a. Façade articulation. The primary façade plane shall not exceed forty feet (40’) in length without full height articulation. The articulation shall be a minimum of two feet in depth or projection from the primary façade plane and shall be a minimum of five feet in width. ---PAGE BREAK--- Millcreek Together Code Update I Chapter 18.45 Commercial Zone I v6 12 b. Change in height. The top of the building shall change in height by at least five feet every thirty feet (30’) of façade length. c. Indentations or recesses. The building shall feature indentations or recesses such as alcoves or arcades at least five feet in depth along the façade at maximum of 75 foot intervals. Such indentations or recesses shall be a minimum of one story in height. d. Terraces. Unless required as a stepback, usable terraces (a larger balcony intended as a private resident leisure space or commercial leisure space) at least 10 feet in depth along the street facing facades. e. Pitched roofs. The primary structure is covered by a pitched roof with a minimum pitch of 3/12. Parapets are not considered to meet this requirement. f. Architecturally integrated trellises. Architecturally integrated trellises shall be attached to the wall and cover at least twenty percent (20%) of a wall and shall project a minimum of 18 inches from the primary façade and have accompanying landscape planting material. g. Stepbacks. Stepbacks shall only meet this requirement if not otherwise required. 3. Measurement of Building Height is measured from the natural grade original ground surface to the highest point of the roof, including firewalls, parapets, skylights, towers, steeples, flagpoles, shade structures, and all other architectural features. 18.01.080 Building Materials Standards A. Development within the C Zone shall meet the following building materials standards: Figure 18.45.081 Building Materials Requirements Illustration ---PAGE BREAK--- Millcreek Together Code Update I Chapter 18.45 Commercial Zone I v6 13 1. Windows. a. Windows shall constitute at least 50 percent of first floor street-facing facades, and windows shall be at least 50 percent transparent. b. On double or triple-frontage lots, living screens may replace up to 50 percent of the window requirement for the façade along the lowest anticipated pedestrian traffic frontage. c. Windows shall constitute at least 25 percent of all upper story street- facing facades. 2. Exterior Materials. a. Exterior materials of a durable or resilient nature such as brick, stone, architectural metal panel, composite materials, or other materials of similar quality, hardiness, and low maintenance characteristics shall be used. Twenty-five year guarantee, architectural shingles and/or other longer lasting roof materials are required. b. Brick or stone may be used for up to one hundred percent (100%) of the building façade, excluding windows. No other single material is allowed to exceed fifty percent (50%) on any facade, excluding windows. Other materials may be considered for soffits, or as an accent or architectural feature. c. Stucco, EIFS, architecturally finished concrete, or architectural metal panel shall comprise no more than 20 percent (20%) of any façade or from an abutting property that is located in an R-1, R-2, R-4, or AG zone (“residential zone”). d. A change of materials is required between the ground story and all upper stories, unless the material is brick or stone. 18.01.090 Design and Use Standards for specific uses. A. The following standards are applicable to the uses specified in addition to the development standards in this Chapter. Should conflicts occur, the more restrictive shall apply. B. Automobile / recreational vehicle sales or rental facilities shall meet the following site requirements: 1. The minimum lot size for such use is 20,000 square feet. 2. The site must contain an office of at least 2,000 square feet. 3. Inventory lot parking shall not be included in the minimum parking requirements. C. Automobile service and repair uses shall meet the following site standards: ---PAGE BREAK--- Millcreek Together Code Update I Chapter 18.45 Commercial Zone I v6 14 1. Bay doors shall not be located on facades facing residential uses or zones. 2. Vehicles awaiting repair or service shall be screened by Landscape Buffer C as set forth in MKZ 19.XX. 3. Vehicle storage areas shall not count toward parking minimum requirements. D. Caretaker Dwelling is only permitted in accordance with the following standards: 1. A caretaker dwelling is only permitted as an ancillary use in association with a primary commercial use. 2. A maximum of one caretaker dwelling is permitted on a given site. 3. The property owner shall record an affidavit stating the caretaker dwelling will not be leased, rented, or sold separately. 4. A caretaker dwelling shall consist of a minimum habitable floor area of 600 square feet and not to exceed a maximum habitable floor area of 1,200 square feet. 5. The caretaker dwelling is subject to the residential use off-street parking requirements Chapter 19.80 of the MKZ. 6. The parking spaces for caretaker dwelling cannot be included in any parking reduction request including shared parking. 7. Home businesses with a customer base visiting the caretaker dwelling shall be prohibited. E. Drive through windows. Drive through windows are considered if they meet the following impact mitigation standards: a. The drive through window is not located on a façade facing a public right-of-way, residential use or zone. b. The drive through window is not located on a façade facing a residential use or zone. c. The speaker box is located a minimum of 150 feet from the nearest property line of a residential use or zone. d. The drive through is not located within a mixed-use site plan. F. Self storage facilities. Self-Storage facilities are prohibited within 300’ of a major intersection and within 1,320’ (1/4 mile) of an established substantially similar business No additional self-storage facilities are permitted on the following locations: 1. on 3300 South 2. on 4500 South, east of 2300 East 3. on 3900 South, east of 2300 East G. Fuel Station Design Standards: 1. Fuel pump islands shall be so located that automobiles stopped for service will not extend over the property line, drive aisles, or otherwise impede circulation of the site or surrounding streets. ---PAGE BREAK--- Millcreek Together Code Update I Chapter 18.45 Commercial Zone I v6 15 2. Fuel pump canopies shall be set back no less than four feet from any required setback. At no point shall a fuel pump be located closer than twenty- four feet (24’) to the nearest property line. 3. Fuel pump stations shall not count toward required parking calculations. H. Hotel Design Standards: 1. Hotels shall have a prominent porte-cochere or portico, incorporating the materials used in the main building. 2. Stucco is prohibited on any façade. 3. Wall openings, such as windows and doors, located in lobbies and other common rooms, shall comprise at least 25% of the front façade. 4. Massing and Façade Articulation for hotels shall have at least five of the façade design elements listed in MKZ 19.04.090 G Building massing standards. 5. Up to two facades may have a maximum building length of 200 feet and all additional facades may have a maximum building length of 150 feet. 6. No more than one row of parking is allowed between a hotel and any street it fronts. 7. Access to guest rooms shall be restricted exclusively to interior corridors, which shall be accessed via the main lobby of the building or individually equipped with some form of security-controlled access system. I. Mixed-Use Development Standards. All mixed-use developments shall meet the following standards: Figure 18.45.091 Mixed Use Standards Illustration ---PAGE BREAK--- Millcreek Together Code Update I Chapter 18.45 Commercial Zone I v6 16 1. Minimum Frontage Requirement. If the mixed-use development includes residential uses, the mixed use site shall have a minimum of 100 feet of frontage along a major collector, minor arterial, or other principal arterial road as identified in the Roadway Functional Classification Map of the Millcreek Transportation Master Plan. 2. Finished Floor Elevation. The finished floor elevation of entrances on a ground floor commercial space fronting a street shall be no lower or higher than two feet from the street elevation, as measured at the edge of asphalt, or top of curb, where a building abuts a public sidewalk. 3. Up to two facades may have a maximum building length of 200 feet and all additional facades may have a maximum building length of 150 feet. 4. Parking. Parking shall meet the requirements as set forth in MKZ 19.80 Parking and Mobility Standards. In addition, the following standards apply: a. Entry Gates Prohibited. Vehicular entry gates are prohibited as part of any mixed-use development containing residential uses unless the gate services a structure or podium. Gates must be situated in a manner that does not pose a traffic hazard due to vehicle queues waiting to enter through the gate. b. Tandem Spaces in Podiums and Structures. Tandem spaces in conjunction with garages may be allowed only for residential uses with a minimum size requirement of 20 feet in length and 9 feet in width per parking space, not to exceed two contiguous spaces for each unit. c. Tandem parking or parking in a private garage or driveway shall not be counted as guest parking or commercial user parking. 5. Minimum Commercial Floor Area Required. Mixed-use developments are required to have commercial uses per the following standards: a. A mixed-use development shall have at least 1,500 square feet of commercial floor area. b. Minimum First Story Height for Ground Floor Commercial Space. Ground stories containing commercial space, including live/work units, shall be at least 12 feet in height. c. Affordable housing is exempt from the minimum commercial floor area requirement. 6. Residential standards. Residential dwelling units in mixed use developments shall follow the standards as set forth in 18.41 Residential Mix (RM) Zone except as follows: ---PAGE BREAK--- Millcreek Together Code Update I Chapter 18.45 Commercial Zone I v6 17 a. Open space shall be provided for residential uses in the amount of at least 250 square feet per dwelling unit. 100 square feet per dwelling unit may be private open space, and 150 square feet per dwelling unit must be common open space. b. The required common open space shall be usable land areas that are not occupied by buildings, dwellings, structures, parking areas, streets, public park strips, curbs, gutters, sidewalks, walking paths, driveways, or alleys and shall be accessible by all residents of the mixed-use development. c. Buildings erected for the principal purpose of providing an amenity, or required interior common amenity spaces may be included as open space as set forth in the MKZ 19.XX, (RM Amenities Standards). d. Said open space may be an area of land or water set aside, or reserved for use by residents of the development, including an expanse of lawn, trees, plants, fully accessible landscaped roof areas, or other natural areas. Drainage basins may not be utilized toward required open space. e. Common open space may be distributed throughout the development and need not be in a single large area. Projects with over twenty dwelling units shall include a single and contiguous landscaped passive open space sufficient for outdoor activity with a minimum area of 5,000 square feet. J. Additional Standards for Vertically-Integrated Mixed Use . A vertically integrated mixed- use building shall consist of commercial uses on the ground story with residential uses or office uses on upper stories and is subject to the following standards: Figure18.45.092 Commercial Space Configurations Diagram ---PAGE BREAK--- Millcreek Together Code Update I Chapter 18.45 Commercial Zone I v6 18 1. Commercial Frontage and Minimum Depth of Ground Story Commercial Space. No less than 50 percent of the building’s front façade shall be occupied by commercial uses. Such commercial uses shall utilize one of the following configurations: a. Commercial spaces with a minimum depth of 30 feet as measured perpendicular to the frontage shall occupy at least 80 percent of a building’s ground floor front façade. b. Commercial spaces with a minimum depth of 40 feet as measured perpendicular to the frontage shall occupy at least 50 percent of a building’s ground floor front façade. c. Commercial spaces that occupy a minimum of two stories and shall have a minimum depth of 30 feet as measured perpendicular to the frontage and shall occupy at least 50 percent of a building’s ground floor front façade. In no event shall the minimum required commercial square footage be less than 3,000 square feet. d. Commercial spaces in a live/work unit shall have a minimum depth of 12 feet as measured perpendicular to the frontage, provided the commercial space in a live/work unit is a minimum of two stories and is not located within 300 feet of a major intersection. 2. Ground Story Use Requirements. The ground floor of a mixed use shall comply with the following requirements: a. Live/Work Units. Live/Work units may be used to meet the requirement for commercial uses, provided that the entire ground floor of the live/work unit meets the design and use criteria listed in this chapter and is operated as an allowable commercial use in this Chapter. Commercial spaces in a live/work unit that are used to calculate the minimum commercial use or frontage requirements provided in this chapter shall not be used for residential purposes, parking, or storage b. Residential Amenities as Commercial Uses. For the purposes of this chapter, leasing offices serving on-site residential and commercial uses, lobbies, required parking, elevators, stairwells and any residential amenity spaces are not considered commercial uses. K. Additional Standards for Mixed Use in a Unified Site Plan. A unified site plan shall consist of separate residential and commercial buildings, some of which may be vertically integrated mixed-use buildings, in a site plan that features consistent approaches to lighting, landscaping, signage, building design, and materials use. Figure 18.45.093 Unified Site Plan Illustration ---PAGE BREAK--- Millcreek Together Code Update I Chapter 18.45 Commercial Zone I v6 19 1. Commercial buildings in a unified site plan must occupy at least 30 percent of the gross ground story floor area of the unified site plan and shall occupy at least 50 percent of the of the building frontages along a right-of way. Commercial spaces of at least 1,500 square feet in ground floor area must occupy at least 50 percent of the building frontages along a right-of-way. 2. Vertically integrated mixed-use buildings in a unified site plan shall meet the requirements of vertically integrated mixed use buildings and shall abut a public right-of-way. L. Additional Requirements for Commercially Significant Development Sites. A site is determined to be a Commercially Significant Development if any of the following apply: 1. The development site is greater than one acre is area. 2. The development site is located within a Village Center, Retail/Office, or Employment/Commercial Future Land Use Designation on the adopted Millcreek Future Land Use Map 3. The development site is located within 600 feet of the following intersections, as measured as a radius from the nearest property line to the intersection right of way line: a. 4500 South and Highland Drive b. 2000 East and 3300 South c. 900 East and 3300 South 4. Any Mixed-Use Development on a Commercially Significant Development Site shall meet the following requirements: ---PAGE BREAK--- Millcreek Together Code Update I Chapter 18.45 Commercial Zone I v6 20 a. The development must include commercial uses for at least 30 percent of the mixed-use development’s gross floor area of buildings adjacent to a street. b. Frontage Requirements. Commercial uses are not required on facades of mixed-use developments that are not located on a street identified in the Millcreek Transportation Master Plan Roadway Functional Classification Map as a Major Collector, a Minor Arterial, or an Other Principal Arterial. c. Live/Work Units. Live/Work units may be used to meet the requirement for commercial uses, provided that the entire ground floor of the live/work unit meets the design and use criteria listed in this chapter and is operated as an allowable commercial use in this Chapter. Commercial spaces in a live/work unit that are used to calculate the minimum commercial use or frontage requirements provided in this chapter shall not be used for residential purposes, parking, or storage. d. Parking and Vehicular Access. In addition to meeting the requirements of MKZ 19.80, Any required residential parking shall be located in an enclosed parking structure, podium, private garage, or carport. 18.01.100 Related Provisions A. For additional information, refer to the Millcreek Code and in particular the following sections: Related Provisions Reference Section Topic MKZ 19.XX Occupancy permit MKZ 19.XX RM Zone Mixed Use standards MKZ 19.XX Landscaping Requirements MKZ 19.XX Parking and Mobility Requirements MKZ 19.XX Signage MKZ 19.XX Fencing MKZ 19.XX Accessory Structures MKZ 19.XX Nonconforming Structures MKZ 19.XX Off site improvements MKZ 19.XX Lighting MKZ 19.XX Height ---PAGE BREAK--- Millcreek Together Code Update I Chapter 18.45 Commercial Zone I v6 21 18.01.110 Definitions (to be moved) Multiple-household dwelling unit "Multiple-family dwelling" or “Multiple Dwelling Unit” means a building arranged or designed to be occupied by more than four families or households. Nursing Home /Assisted living means an establishment where persons are lodged and furnished with meals and assistance and/ or nursing care. Residential Facility For Persons With A Disability "Residential facility for persons with a disability" means a residence: In which more than one person with a disability resides; and Is licensed or certified by the Department of Human Services under Title 62A, Chapter 2, Licensure of Programs and Facilities, Utah Code, Unannotated; or licensed or certified by the Department of Health under Title 26, Chapter 21, Health Care Facility Licensing and Inspection Act, Utah Code, Unannotated. Residential Facility For Elderly Persons means a single-family or multiple-family dwelling unit that is occupied twenty-four hours a day in a family-type arrangement by eight or fewer elderly persons sixty years old or older capable of living independently. Such facility shall be owned by one of the residents or by an immediate family member of one of the residents or the title has been placed in trust for a resident. Placement in such facility is on a voluntary basis and may not be a part of, or in lieu of, confinement, rehabilitation, or treatment in a correctional institution. No person being treated for alcoholism or drug abuse may be placed in such a facility. The structure shall be capable of use without the residential character being changed by exterior structural or landscaping alterations. Each facility shall not be located within three-quarters mile of another residential facility for elderly persons or residential facility for handicapped persons. This use is nontransferable and terminates if the structure is devoted to a use other than a residential facility for elderly persons or if the structure fails to comply with applicable health, safety, and building codes. Caretaker Dwelling means an accessory dwelling unit that is under common ownership and is attached or internal to the main building and its commercial and is used for the accommodation of an employee, business owner and person under contract of the commercial use and main building for security or maintenance purposes. ---PAGE BREAK--- Millcreek Together Code Update I Chapter 18.45 Commercial Zone I v6 22 Animal Services means a facility where dogs, cats or other domestic animals are provided care such as grooming, daycare, overnight boarding, or diagnosis and medical treatment. This includes surgical procedures and may include overnight accommodation on premises for treatment, observation and/or recuperation. Automobile / recreational vehicle sales or rental A business involved in the sale, leasing, and rental, of new or used automobiles, commercial vans, trucks, semi-trailer trucks, or boats. This use may also include service, repair, and washing, which may take place on-site in conjunction with this use. Automobile service and repair means an establishment primarily engaged in providing motor vehicle repair and maintenance, including activities such as lubrication, oil and tire changes, engine tune-ups and repair, brake repair, tire replacement, installation of after-market accessories such as window tinting, transmission or differential repair, automotive painting, and body and fender work. Car wash A self-service or full-service facility for washing, cleaning and drying vehicles including automobiles, buses, or recreational vehicles. Clinic, medical or dental means an establishment where patients receive consultation, diagnosis, and treatment by doctors, dentists, or similar practitioners. This use includes medical services offered exclusively on an outpatient basis, including emergency services such as urgent care centers, and licensed facilities offering substance abuse treatment, blood banks, plasma donation centers, physical therapy and rehabilitation, and medical/ dental laboratories. Commercial Entertainment means one or more recreational activities or uses, either indoor or outdoor, operated as a business and open to the general public for a fee. Commercial entertainment facilities include but are not limited to arcades, billiard halls, bowling alleys, theatres, skating rinks, sport court facilities, trampoline parks, miniature golf course, axe- throwing, go-cart tracks, and performance venues. This definition does not include gun ranges, indoor or outdoor. Commercial daycare means a facility not located within an occupied dwelling where children, or elderly and/or people with special needs, receive care from a person qualified by the state to provide supervision, protection, pre-school instruction, or similar care for a period of less than 24 hours per day. This includes nursery schools, childcare centers, Montessori schools, private pre-kindergartens, and play groups. A commercial daycare may be located within commercial spaces of a mixed use building but may not occupy residential units. This definition excludes care for persons who are violent or being treated for alcoholism or drug abuse. Placement in a day care/preschool center may not be part of or in lieu of confinement, rehabilitation or treatment in a correctional facility. ---PAGE BREAK--- Millcreek Together Code Update I Chapter 18.45 Commercial Zone I v6 23 Commercial kitchen / ghost kitchen means a facility containing a kitchen(s) in which food for sale is prepared and transported from for off-premises consumption, such as a catering establishment, or delivery service pickup. Commercial parking lot/ parking garage "Public garage" means a building or portion thereof, other than a private garage, designed or used for servicing, repairing, equipping, hiring, selling or storing motor-driven vehicles. This includes drives, aisles and ramps, of one or more levels intended to provide parking as the principal use of the premises. Community Garden means an area of land managed and maintained by a group or community members used to grow and harvest food crops and/or nonfood, ornamental crops such as flowers, for personal or group use, consumption, donation or sale, or for educational purposes. The private use of private land (not intended to benefit the community at large) does not constitute a community garden. Cottage commercial means an establishment with retail offerings that also provides repair services/ custom manufacturing of specialty items. Examples include bicycle repair, computer repair, jewelry repair, shoe repair, tailoring, custom picture framing, furniture repair, musical instrument repair, florist shops or other similar specialties. Depository Financial Institution An establishment that provides retail banking services, mortgage lending, or similar financial services to individuals and businesses. This classification includes credit unions, savings institutions, and Automated Teller Machines (ATMs) located within a fully enclosed space or building, or along an exterior building wall intended to serve walk-up customers only. Eating and Drinking Establishments means a place of business where food and or drink is prepared and served to general public for consumption on the premises, inside or outside, or made available for consumption off site via delivery, pick up, or catering services. Flex Space means a building with an office or retail space for a portion of the floor area with the remaining floor area being used for warehouse or light industrial uses. Fuel Station A facility for the retail dispensing and sale of vehicle fuels, including gasoline, gas/oil mixtures, diesel fuel, ethanol, or compressed natural gas through fixed dispensing equipment, operated by customers or employees. Accessory uses may include the sale of convenience items, food, lubricants, car washes, and similar accessory uses Funeral Home / Mortuary A place for the storage of human bodies prior to their interment (burial, cremation, aquamation, or other similar preparation), or a building used for the preparation of the deceased for burial and the display of the deceased and associated ceremonies prior to interment. ---PAGE BREAK--- Millcreek Together Code Update I Chapter 18.45 Commercial Zone I v6 24 Greenhouse / plant nursery means a facility or structure used for the cultivation of trees, shrubs or other plants that are grown for the purpose of retail or wholesale trade. This may also include the accessory sale of soil, planting materials, garden equipment or other similar material. Gym / fitness studio means a facility where members or nonmembers use equipment or space or receive instruction for the purpose of physical exercise, fitness, flexibility, and/or weight control. Facilities may include amenities such as whirlpools, saunas, and massage rooms, as well as locker rooms, and showers. Gyms and fitness studios may also cater to children with instruction classes and lessons, as well as free play areas. Hospital means an institution licensed by the State of Utah which provides diagnostic, therapeutic, surgical, and rehabilitative services to individuals on both an inpatient and outpatient basis by or under the supervision of one or more physicians. Any medical clinic or professional office which offers any inpatient or overnight care, or operates on a twenty-four (24) hour basis shall be considered a hospital. A hospital may include integral support service facilities such as laboratories, outpatient units and training and central services, together with staff offices necessary to the operation of the hospital. Includes both general acute and specialty hospitals and must be licensed by the Utah Department of Health pursuant to the Health Care Facility Licensing and Inspection Act. Light Service and Repair means an establishment that primarily provide to the general public light assembly, minor service or repair of items completely within an enclosed space, generally in small quantities, not exceeding one hundred (100) pounds, not related to vehicle repair, not for wholesale and that do not emit noise, vibration, odors, or light beyond the enclosed space that would negatively impact surrounding properties and establishments. Products and items commonly associated with this use include jewelry, appliances, furniture, shoes, apparel, crafts, sewing, electronics, and computers. Lodging means a commercial establishment providing temporary residence to the general public, with a temporary length of stay not exceeding thirty (30) days. Terms commonly associated with this use include hotel, motel, and inn. This definition shall not include bed-and- breakfasts. Live /Work Unit means a unit which contains separate residential and non-residential areas intended for both residential and non-residential uses concurrently, and shares a common wall or floor with direct access between the residential and non-residential areas. Non-Depository Institution means a business, other than a Financial Institution, that is registered by the state of Utah pursuant to the Check Cashing and Title Lending Registration Act. Included in Non-Depository Institutions: ---PAGE BREAK--- Millcreek Together Code Update I Chapter 18.45 Commercial Zone I v6 25 • Check Cashing Business" means a person or business that, for compensation, engages in cashing a check for consideration or extending a Deferred Deposit Loan. Check Cashing does not include depository institutions, as defined by the state of Utah, Financial Institutions, or a Retail seller engaged primarily in the business of selling goods or services to Retail buyers that cash checks or issue money orders for a minimum flat fee not exceeding one percent of the check or one dollar ($1.00) as a service fee that is incidental to its main purpose or business. • "Payday Loan Business" means an establishment providing loans to individuals in exchange for personal checks or assignment of wages as collateral. • Title Loan Business" means an establishment providing short-term loans to individuals in exchange for the title of a motor vehicle, motor home, or other motor vehicle as collateral. • "Deferred Deposit Loans" means a business that conducts transactions where a person presents to a check casher a check written on that person's account or provides written or electronic authorization to a check casher to affect a debit from that person's account using an electronic payment and the check casher provides the maker an amount of money that is equal to the face value of the check or the amount of the debit less any fee or interest charged for the transaction and agrees not to cash the check or process the debit until a specific date. Office means a place where transactions of business for a profession occur including, service, industry, or government. Office uses include, but are not limited to: Architecture/Engineering/Design, Building Contractor (office only), Business Consulting Charitable Institutions, Computer Programming & Support, Detective Services, Employment Agency, Financial & Insurance Government Offices, Legal Services, Management Services, PR & Advertising, Property Development, Radio & TV Studio, Real Estate, Recording & Sound Studio, Research & Development, Research Agency, Surveying. This definition of office use excludes medical and dental office uses. Pawn Shop means an establishment engaged in the buying or selling of new or secondhand merchandise and offering loans secured by personal property. Personal Service means an establishment primarily engaged in providing personal care services, including barber shops, beauty salons, piercing and tattoo studios, tanning salons, spas, licensed massage therapy studios, educational tutoring facilities, laundromats, and dry cleaners. Reception or event center A commercial or non-profit facility that can be rented to accommodate groups of people for conferences, weddings, and similar activities. ---PAGE BREAK--- Millcreek Together Code Update I Chapter 18.45 Commercial Zone I v6 26 Retail sales Retail Uses A category of uses involving the retail sale of goods or merchandise to the general public for personal or household consumption. Retail sales include, but are not limited to: apparel & accessory store art and craft supply, book store, hardware, garden supply, camera & photo supply store, convenience store, pharmacy, gift, souvenir, grocery store, office supply, optical goods, paint & wallpaper, pet supply, specialty food market of all types, copy store, toy shop, automotive supply (no service), department store, gun shop, home furnishings & accessories sales, rental supply, medical supply, heating, air conditioning & plumbing supplies, cabinet supply (display only), machine sales and rental, agriculture equipment and supply, electrical supplies. Self-storage facility means a building containing separate, individual, compartmentalized storage units that can only be rented or leased for the storage of customers' household goods. Commercial wireless communication facilities means a commercially operated unmanned structure which consists of equipment used primarily for the transmission, reception or transfer of voice or data through radio wave or wireless transmissions. Such sites typically require the construction of transmission support structures to which antenna equipment is attached. Public uses means a use operated exclusively by a public body, or quasi-public body, such use having the purpose of serving the public health, safety or general welfare, and including uses Quasi-Public Use means a use operated by a private nonprofit educational, recreational, charitable or philanthropic institution, such use having the purpose primarily of serving the general public, such as private schools and universities, and similar uses. ---PAGE BREAK--- Millcreek Together Code Update I Chapter 19.0X.X Residential Mix Zone I v4 1 19.04.060 Residential Mixed Zone (RM) A. Purpose Statement The primary purpose of the Residential Mixed (RM) Zone is to allow for a mixture of medium to high density residential uses, with some mixed-uses and other compatible nonresidential uses. This zone is intended as a transitional zone between low density residential neighborhoods and major right of way corridors and/or commercial centers while providing a walkable, comfortable, healthy, safe, and pleasant living environment in a high-quality setting. B. Permitted And Conditional Uses Uses in the Residential Mix (RM) Zone, are allowed as a Permitted or Conditional Use, as set forth in Table 19.XX.1. If a use is not specifically designated in the table, then it is prohibited. Table 19.XX.1 Permitted and Conditional Uses in the Residential Mix (RM) Zone P= Permitted C= Conditional Use Review Required Land Use RM Limitations / References Residential Uses Dwelling, Two-Household P Subject to standards in Medium Density Zones Dwellings, Three-Household P Subject to in Medium Density Zones Dwellings, Four-Household P Subject to in Medium Density Zones Dwellings, Multiple-Household up to 30’ building height and 6 units P Mixed-use shall be required for developments located within 500’ of specified intersections. Subject to additional standards below. Dwellings, Multiple-Household over 30’ building height and more than 6 units C Mixed-use shall be required for developments located within 500’ of specified intersections. At least three units shall have primary façade and primary entrance facing the street in developments with more than six units Group Home P Short-term rentals P As set forth in MKC 5.19, Short-term rentals Commercial Uses Banks or Financial Institution C Permitted only within mixed-use. Excludes non- depository institutions, such as check cashing, drive through prohibited ---PAGE BREAK--- Millcreek Together Code Update I Chapter 19.0X.X Residential Mix Zone I v4 2 Table 19.XX.1 Permitted and Conditional Uses in the Residential Mix (RM) Zone P= Permitted C= Conditional Use Review Required Land Use RM Limitations / References Commercial Daycare Center C Permitted only within mixed-use. Gym / Fitness Studio C Permitted only within mixed-use. Personal Service C Permitted only within mixed-use. Preschool C Permitted only within mixed-use. Restaurant C Permitted only within mixed-use. Drive through prohibited Retail C Permitted only within mixed-use. Civic and Institutional Uses Public uses C Quasi-Public Use C Religious Assembly P Miscellaneous Uses Accessory Uses and buildings/structures P As set forth in MKZ 19.XX.XX Accessory Uses, Accessory Buildings and Structures C. Permitted Use Incentive for Multi-Household Dwellings and Ownership and Affordable Housing Incentives 1. Multi-household dwellings proposed to be constructed at 30’ and lower in height and under 50 units shall be permitted uses. 2. Density limitations may be reduced to 1500 square feet per unit for affordable and/or owner-occupied housing per the following: a. % of AMI b. Min. # of units (eight?). 3. When ownership concepts are proposed such as condominiums, the same incentives as described for affordable housing are allowed. D. Spatial Requirements 1. The minimum setbacks, maximum height and lot size requirements are as set forth in Table 19.2.X Setbacks and Lot Size Minimums for Medium Density Residential Zoning Districts. 2. Setbacks. ---PAGE BREAK--- Millcreek Together Code Update I Chapter 19.0X.X Residential Mix Zone I v4 3 a. For the purposes of this chapter, where setbacks are measured from a right-of- way containing a fully improved sidewalk, setbacks shall be measured from the edge of the sidewalk that is closest to the front facade of the building. b. Where fifty (50) percent or more of the abutting lot frontage is occupied by a building façade, the front yard setback shall not be less than the average of existing buildings located within three hundred (300) feet on the same side of the street, as measured in both directions from the center point of the frontage to be developed, but a front setback shall never be less than fifteen (15) feet. Figure 19. 1 Spatial Requirements Diagram Table 19.XX.2 Spatial Regulations for the Residential Mix (RM) Zone Two, Three, and Four- Household Dwellings Multi-household Dwellings– Five or more dwellings in a building Other Permitted Principal Uses Principal Buildings Minimum Lot Area 3,000 sf per dwelling 2,000 sf per dwelling, except affordable units and individually owned units may reduce these minimums to 1500 square feet 20,000 sf Minimum Total Lot Width 50 feet 50 feet 50 feet ---PAGE BREAK--- Millcreek Together Code Update I Chapter 19.0X.X Residential Mix Zone I v4 4 Figure 19. 2 Maximum Building Height Diagram Table 19.XX.2 Spatial Regulations for the Residential Mix (RM) Zone Two, Three, and Four- Household Dwellings Multi-household Dwellings– Five or more dwellings in a building Other Permitted Principal Uses Maximum Building Height (Excluding fire walls, parapets, skylights, towers, steeples, flagpoles, shade structures, and all other architectural features) 30’ (one story) Up to 45’ (two stories) * 45’ (two stories) * Maximum Lot Coverage 40 % 50 % 50 % Maximum Building Length None 150’ 150’ Minimum Front Yard Setback 20’ 20’ 20’ Minimum Interior Side Yard Setback 10 feet 10 feet 10 feet Minimum Interior Yard Setback, where subject property shares a side property boundary with a property zoned R-1, R- 2, R-4, or AG 15 feet 25 feet 25 feet ---PAGE BREAK--- Millcreek Together Code Update I Chapter 19.0X.X Residential Mix Zone I v4 5 Table 19.XX.2 Spatial Regulations for the Residential Mix (RM) Zone Two, Three, and Four- Household Dwellings Multi-household Dwellings– Five or more dwellings in a building Other Permitted Principal Uses Minimum Corner Side Yard Setback 20 feet 20 feet 20 feet Minimum Yard Depth Between Buildings – Multi-Household Development 5 feet 10 feet 10 feet Minimum Rear Yard Setback 20 feet 20 feet 20 feet *Height Transition Requirements. For any development adjacent to an R- 1, R-2, R-4, or AG zone, the maximum height, as measured per Table 19.XX.3, for buildings or structures in the RM zone within one hundred (100) feet of a residential zone boundary shall not exceed 30’ feet tall. Table 19.XX.2 Spatial Regulations for the Residential Mix (RM) Zone Two, Three, and Four- Household Dwellings Multi-household Dwellings– Five or more dwellings in a building Other Permitted Principal Uses Accessory Buildings Minimum Corner Side Yard Setback 20’ 20’ 20’ Minimum Rear Yard Setback 5’ 5’ 5’ Minimum Setback from Principal Building 10’ 10’ 10’ Maximum Building Height * 14’- 20’. Any accessory structure more than 14’ in height shall be set back an additional foot from the property line for each foot in height over 14’, up to the maximum height of 20’. ---PAGE BREAK--- Millcreek Together Code Update I Chapter 19.0X.X Residential Mix Zone I v4 6 Table 19.XX.2 Spatial Regulations for the Residential Mix (RM) Zone Two, Three, and Four- Household Dwellings Multi-household Dwellings– Five or more dwellings in a building Other Permitted Principal Uses Minimum Rear and Interior Side Yard when abutting an R-1, R-2, or R-4 Zone District 10’ 10’ 10’ Maximum Lot Coverage 25% 25% 25% E. Site Design Standards. Developments with more than two dwelling units within the RM Zone shall meet the following site layout requirements. 1. Building Orientation. Development shall front onto a street right-of-way with buildings being placed parallel and abutting the right-of-way as much as practical. 2. Building Entrances and ground level living space. a. Functional residential entrances are required on any street-facing façade. b. First floor entrances shall be oriented to common areas using the following hierarchy: i. Street ii. Courtyard or common open space iii. Auto courts / alley c. First floor entrances shall include a porch of at least 100 square feet and a fence, wall or hedge no taller than 4 feet. Such areas are included in the open space requirement. d. Dwelling units shall have a minimum ground level living space of at least one hundred and fifty (150) square feet with a minimum width of ten feet Garages, utility / laundry rooms, hallways, bathrooms and workshops do not count as living space for this purpose. ---PAGE BREAK--- Millcreek Together Code Update I Chapter 19.0X.X Residential Mix Zone I v4 7 Figure 19. 4 Ground Level Living Space Diagram 3. Multiple Building Types. When a development consists of multiple building types, each building in the development shall comply with maximum building height and building length requirements for the building type, as well as the following requirements: a. Maximum lot coverage: Maximum lot coverage shall not exceed 40 percent. b. Interior Side Yard Setbacks: Minimum interior side yard setbacks shall follow the requirements for multi-household dwellings with five or more units in a building. c. Setbacks between buildings: Where two building types are adjacent to each other in a development, the setbacks between the buildings shall follow the requirements for multi-household dwellings with five or more dwellings in a building. d. Minimum Lot area Per Unit: The minimum lot area for a development with multiple building types shall be the sum of the lot area required for each building type times the number of units of that building type. In no case shall the total area required be less than 2,000 square feet per unit, regardless of building type. 4. Interior Streets and Driveways. The design of public and private streets within a development shall follow Millcreek standards for road widths as established by the Millcreek Transportation Master Plan and the development standards identified in the Standard Plans for Public Works Construction, Title 14. a. Notwithstanding the requirements in MKC Title 14, private streets and driveways serving more than one multi-household dwelling shall have an unobstructed drivable surface of at least twenty-five (25) feet in width. The unobstructed drivable surface shall be increased as required by the local fire authority. b. Notwithstanding the requirements in MKC Title 14, private streets shall be subject to the same inspections and construction standards as required for public streets. c. The City shall be granted a utility easement for the entire interior street system in a development project. ---PAGE BREAK--- Millcreek Together Code Update I Chapter 19.0X.X Residential Mix Zone I v4 8 d. Where garages face each other, a minimum of twenty-five (25) square feet of landscaping shall be required in the driveway area, between each dwelling unit. 5. Sidewalks. As required elements of a development, interior sidewalks shall be at least five feet wide installed to serve the development and connect to the public street, and shall comply with the Standard Plans for Public Works Construction. 6. Parking and Vehicular Access. Parking for developments in the RM zone shall follow the requirements of MKZ 19.80. Additionally, developments shall comply with the following requirements: a. Parking required for each residential dwelling unit must be in a structure, a podium, a private garage, or a carport. b. Parking Location. For residential and mixed-use developments with eight or more dwelling units, parking is allowed between any building façade and the property line along a right-of-way. Such parking shall not encroach on the side or front setbacks. Parking may not encroach into a side or rear yard setback, where abutting a property that is located in an R-1, R-2, R-4, or AG zone. c. Private Garage Requirements. If a private garage is utilized, it must meet the following standards: i. Two parking space garage: minimum unobstructed size of twenty-two (22) feet wide by twenty (20) feet in length, or twenty (20) feet wide by twenty-two (22) feet in length. ii. Single parking space garage: minimum unobstructed size of ten (10) feet wide by twenty-two (22) feet in length, or eleven (11) feet wide by twenty (20) feet in length. iii. All private garages must have a minimum unobstructed height of seven feet for the entire required length and width of the private garage. iv. Garage doors shall use complementary colors and include windows. v. Private garage doors and private garages shall not be the only means of access to a dwelling. d. Vehicular Access to Private Garages. i. Vehicle access serving a private garage shall be at least twenty-six (26) feet in width. ii. Where such drives serve units with opposing garages, landscaping shall be added between units iii. Developments with twenty-five (25) or more units and lot widths of 150’ shall provide a driveway for each garage with a minimum width of twelve (12) feet and minimum unobstructed depth of twenty (20). e. Tandem Spaces in Podiums and Structures. Tandem spaces in conjunction with garages may be allowed only for residential uses with a minimum size requirement of twenty (20) feet in length and ten (10) feet in width per parking space, up to a maximum of two contiguous spaces for unit. ---PAGE BREAK--- Millcreek Together Code Update I Chapter 19.0X.X Residential Mix Zone I v4 9 f. Vehicular Entry Gates Prohibited. Vehicular entry gates are prohibited as part of any multi-household development unless the gate services a structure or podium. Gates must be situated in a manner that does not pose a traffic hazard due to vehicle queues waiting to enter through the gate. g. Parking is prohibited within required fire access and turnaround facilities. h. Tandem parking or parking in a private garage or driveway shall not be included in any required guest parking calculation. i. Additional standards for Three-Household and Four-Household Buildings: i. Private or Shared Driveways. No more than two units may share a driveway. ii. No driveway or combined driveway with the adjacent unit shall exceed twenty-four (24) feet in width unless such driveways are separated by a minimum five feet wide irrigated planter that includes at least one shrub and one (10 medium size tree. iii. Driveways located on a street with a right-of-way greater than or equal to sixty-six (66) feet shall prohibit backing out onto the public street. 7. Open Space. Common and private open space shall be provided for residential uses in the amount of at least thirty percent (30%) of the gross site area of the building or development in the RM zone. a. For purposes of this section, gross site area means the total area of the development excluding anything in the public right of way. b. The required common open space shall be usable land areas that are not occupied by buildings, dwellings, structures, parking areas, streets, public park strips, curbs, gutters, sidewalks, walking paths, driveways, or alleys and shall be accessible by all residents of the development. c. The area of a building erected in the RM zone for the principal purpose of providing an amenity or required interior common amenity spaces may be included as open space. Said open space may be an area of land or water set aside, or reserved for use by residents of the development, including an expanse of lawn, trees, plants, fully accessible landscaped roof areas, or other natural areas. d. Outdoor open space areas such as porches, balconies, roof patio and decks which exceed the minimum required sizes, may be counted toward the total open space requirement. e. Common open space also includes formal picnic areas, and recreational areas. Common open space may be distributed throughout the development and need not be in a single large area. f. Open space amenities and gathering shall reflect the market that the development is attempting to attract. ---PAGE BREAK--- Millcreek Together Code Update I Chapter 19.0X.X Residential Mix Zone I v4 10 8. Fencing. Fencing for developments in the R-M zone shall follow the requirements of MKZ 19.XX. In addition, perimeter fencing is required where any development in the RM zone is adjacent to an R-1, R-2, R-4, or AG zone, and for non- residential uses located adjacent to residential uses and mixed-use developments. a. Acceptable fencing materials include architecturally designed brick, stone, or block, or pre-cast concrete. b. Fencing with materials using composite products, wrought iron, wood, or vinyl may be allowed with a minimum 18 inch wide, six-foot tall brick or stone pillars spaced every twelve (12) feet on center. c. If exterior fencing is installed along a public right-of-way, materials shall be limited to brick, stone, block, pre-cast concrete, or metal or composite picket, and shall be setback a minimum of five feet from the property line to allow for a landscaping buffer designed in accordance with MKZ 19.XX to soften long expanses of walls. 9. Garbage and Recycling. The development shall be designed to accommodate and efficiently manage the collection, storage, and removal of garbage to minimize detrimental effects of the collection, storage, and removal on any residence within the development and adjacent neighborhoods. a. Collection of garbage and recycling must occur on the property, and not on a public right-of-way. b. Dumpster enclosure structure shall not be located closer than ten feet (10’) to any perimeter property line and shall not be located in between the primary structure(s) and the right-of-way. c. Dumpster and recycling enclosure /structures shall be constructed of a minimum six foot tall, decorative precast or integrally colored and textured block, brick, stone, or other masonry material and shall include solid steel gates. 10. Mechanical Equipment and Utilities. a. All mechanical equipment such as HVAC systems shall be screened from view from the ground level vantage point along an adjacent street or private vehicular access as set forth in Buffer C of MKZ 19.77.050. b. All utilities shall be located underground including telephone, cable, fiber optic, or transmission power lines. c. Utility equipment shall be screened from view as set forth in Buffer C of MKZ 19.77.050. 11. Privacy. Each residential or mixed-use building in the RM zone shall provide adequate visual and acoustical privacy for dwelling units. a. Fences, walks, barriers, landscaping, and sound reducing construction techniques with a maximum transmission of 55 decibels in the walls and ceilings shall be used to enhance the privacy of its occupants, the screening of objectionable views or uses, and the reduction of noise. ---PAGE BREAK--- Millcreek Together Code Update I Chapter 19.0X.X Residential Mix Zone I v4 11 b. Where balconies or patios are provided for residential buildings, balconies or patio shall have an opaque fence that is at least three feet tall. 12. Rooftop Gardens and Rooftop Patios. For any development adjacent to an R-1, R- 2, R-4 or AG zone, rooftop gardens or rooftop patios are prohibited within one hundred (100) feet of a residential zone boundary, unless the rooftop garden, patio or amenity space is not located above the highest occupied floor of a building in the RM zone or is obstructed from view from the zone boundary by at least twenty (20) feet of occupied floor space. 13. Lighting a. Interior Street and Parking Lot Lighting. Street and pedestrian lighting for streets on the interior of the development is required. The applicant shall submit a lighting plan which indicates the type and location of lights in relation to the development and designed for pedestrian safety. Minimum Average Foot- Candles for interior streets and parking lots shall be 0.3, the fixture height shall not exceed 25 feet, and no poles shall be located within 20 feet of any property line. b. Dark Sky Compliant Lighting Required. All lighting fixtures, including street lights, security lighting, building accent lighting and pedestrian lighting, shall be directed downward, shielded, and include mechanisms to prevent dark sky illumination. c. Yard Lights. An energy efficient LED street-oriented yard light shall be required per street facing façade where public street lighting is inadequate per the following: i. Maximum height of eight feet ii. Minimum lighting capacity of 0.2 foot candles and/or 500 lumens. iii. Yard lights shall direct the light downward and include cut offs to prevent dark sky illumination. iv. Yard lights shall be located within five feet of the public right of way. F. Building Materials and Massing Design Standards. 1. Building Massing and Façade Articulation. Buildings with brick and/or stone comprising 80 percent of all facades, excluding windows and doors, shall be designed to have at least two of the following massing or façade design elements. All other buildings in the RM zone shall be designed to have at least four of the following massing or façade design elements. a. Visual breaks along the street-facing façade such as horizontal articulation in the plane of the façade by at least 2 feet. b. Change in height at the top of the building by at least 10 feet for every 30 feet of façade length. c. Changes in materials, color, texture or pattern for greater than 50 percent of the building facade. ---PAGE BREAK--- Millcreek Together Code Update I Chapter 19.0X.X Residential Mix Zone I v4 12 d. Indentations or recesses at least 5 feet in depth along the street facing facades at 50-foot intervals. e. Usable terraces at least 10 feet in depth along the street facing facades (unless required as a step back). Usable terraces must provide either private or common leisure space. f. Vertical landscaping on trellises attached to the wall that cover at least 20 percent of a wall facing a street. g. Step backs of at least ten feet where not otherwise required on facades facing streets with a 66’ ROW or greater. Figure 19. 5 Building Massing and Façade Articulation Diagram 2. Building Massing and Façade Variation for Developments Containing Multiple Buildings. a. No more than two adjacent buildings or buildings within 300’ of the development shall exhibit the same or substantially the same architectural design for street facing façades. b. All buildings in the development shall provide variation in all façades, including but not limited to, the use of materials and relief, to avoid monotonous design. For purposes of this section relief means: foundation jogs over two feet, bay or box windows, cantilevered living areas, recessed garages, pitched roofs versus flat, building length reduced by at least 20%, rooftop terraces where none exist at other locations, functional street facing balconies where none exist at other locations, and/or usable front porches of at least six feet in depth that extend across 40 percent or more of the front façade. ---PAGE BREAK--- Millcreek Together Code Update I Chapter 19.0X.X Residential Mix Zone I v4 13 c. At least three units for every 150’ shall have the primary entry along the primary street facing facade. d. Developments with five or more residential dwelling units must meet one of the following additional standards if structures are greater than thirty feet (30’) in height: i. A ten-foot (10’) step back is utilized between the first or second stories and third story on the façade of any building over thirty feet (30’) in height. The step back must be present on any façade that faces any street, property frontage, and residential zone boundary. ii. The building over thirty feet (30’) in height shall incorporates brick and/or stone on at least eighty (80) percent of all facades, excluding windows and doors. Brick and/or stone facades supersede the varying materials requirements for upper floors. 3. Windows. Windows or doors shall comprise at least twenty-five (25) percent of each story of any street-facing façade. Buildings on streets with a right-of-way width of 80’ or greater the street facing façade windows shall be increased to thirty (30) percent and include triple pane windows. 4. Building Materials. Except for two household building types, exterior materials of a durable, resilient nature shall be used such as brick, stone, stucco, prefinished panel, composite materials, or other materials of similar quality, hardiness, and low maintenance characteristics. Identification of materials are required as part of the submittal. If the City staff questions the proposed materials based on the specified materials in this ordinance, a materials board may be required providing samples of the proposed materials. Materials must meet the following requirements: Figure 19. 6 Building Materials Diagram a. With the exception of brick or stone, no single material is allowed to exceed 50 percent on any street-facing facade, excluding windows. b. Other materials may be considered for soffits, gables, or as an accent or architectural feature. c. Twenty-five-year guarantee, architectural shingles and/or other longer lasting roof materials are required. ---PAGE BREAK--- Millcreek Together Code Update I Chapter 19.0X.X Residential Mix Zone I v4 14 d. Stucco, EIFS, architecturally finished concrete, or metal siding shall comprise no more than 20 percent of any façade visible from a street or from an abutting property that is located in an R-1, R-2, R-4, or AG zone. e. A change of materials is required between the ground story and upper stories. 5. Renewable Energy Incentive. Projects with solar power arrays, windmills/turbines, or functional geothermal systems, suitable to generate fifty (50) percent or more of the development’s electrical demand shall be permitted an additional five feet in height and not required to be screened from view. Solar carport rooftops are encouraged. Wind power generators shall have a setback from any property line equal to their height and not exceed a sound level of sixty (60) dB as measured from a point on the ground at least thirty (30) feet from the wind power generator. 6. Required Features. a. Storage. Each residential dwelling unit for developments with three or more dwelling units shall be required to contain interior storage equal to one hundred (100) cubic feet. b. Washer and Dryer hook-ups. All multi-household residential developments shall include either washer and dryer hook-ups for each dwelling unit or an on - site laundry. c. Balconies or Patios. All Residential units shall have a private outdoor space per the following standards: i. Developments with 3-4 dwelling units: Each residential unit shall have a private balcony and/or patio with a minimum of sixty (60) square feet with a minimum five foot depth. ii. Developments with five or more dwelling units: Each residential unit shall have a private outdoor balcony and/or patio. Balconies must be a a minimum of sixty (60) square feet. Patios must be a minimum of one hundred (100) square feet with a minimum five foot depth. d. Management. Twenty-four (24)-hour on-site management is required for all residential developments consisting of more than fifty (50) dwelling units. G. Design Standards for Non-Residential Buildings. Design standards for non- residential buildings in the RM zone shall follow the design requirements found in MKZ 19.XX, Commercial Zone. H. Design Standards for Mixed-Use Buildings. Design standards for mixed-use buildings in the RM zone containing residential uses shall follow the design requirements found in MKZ 19.XX, Commercial Zone. ---PAGE BREAK--- Millcreek Together Code Update I Chapter 19.0X.X Residential Mix Zone I v4 15 1. Recreational Amenities. For residential developments with eight or more dwelling units, recreational amenities are required per Table 19.XX Required Number of Recreation Facilities. TABLE 19.XX-4 Total Number of Bedrooms Total Number of Recreational Facilities 8-50 1 51-150 2 151-225 3 226-300 4 301-400 5 401-500 6 501+ 7 plus 1 additional amenity for each 100 bedrooms above 600. 2. Amenities shall be considered per the following criteria: a. Sport Courts: i. Large sport courts such as basketball, tennis, volleyball or similar shall be regulation size and each court may count as one amenity up to a limit of three ii. Small sport courts such as pickleball, handball shuffleboard, horseshoes or similar may count as one amenity for every three courts up to six courts totaling two amenities. b. Swimming Pools, Hot Tubs, Saunas: i. 1,000 square feet pool surface area plus a cooling deck with a minimum width of ten feet (10’) in all areas may count as one recreational amenity. ii. 2,500 square feet pool surface area plus a cooling deck with a minimum width of twenty feet (20’) in all areas may count as two recreational amenities. iii. 5,000 square feet pool surface area plus a cooling deck with a minimum width of twenty feet (20’) in all areas may count as three recreational amenities. iv. A hot tub or sauna area with a minimum eight person capacity may count as one recreational amenity. c. Picnic Area. A picnic area may be considered as one recreational amenity, up to a limit of two should it meet all the following criteria: ---PAGE BREAK--- Millcreek Together Code Update I Chapter 19.0X.X Residential Mix Zone I v4 16 i. The seating area is covered by a pavilion, gazebo, pergola or similar shelter covering a minimum of 500 square feet; ii. Tables with seating and /or benches for a minimum of fifteen (15) persons; iii. At least one fixed cooking grill is provided; and iv. A least one trash receptacle is provided. d. Dog Park. A dog park may be considered as a recreational amenity if it meets all the following criteria: i. The dog park enclosure is 3,000 square feet minimum; ii. The enclosure is fenced by a minimum five foot tall fence meeting the requirements of MKZ 19.X.XX Fencing; iii. No point of the enclosure may be less than thirty feet (30’) in width; iv. The enclosure shall include a minimum of one dog waste station which shall include a bag dispenser and waste receptacle to be installed along the perimeter of the enclosure for every 3,000 square feet of the associated dog park; and v. One twenty-five (25) square foot animal washing bay with associated plumbing shall be provided in conjunction with the dog park. e. Community /Amenity Centers may be considered as a recreational amenity should it meet all the following criteria: i. Gym, fitness center and/or weight room may count as one recreational amenity if it is a minimum of 750 square feet and appropriately equipped for fitness activities. ii. A game room that is a minimum of 750 square feet and includes at least three dedicating game spaces for activities such as table tennis, billiards, air hockey, or similar may count as one recreational amenity. iii. A business center, workshare space, teleconferencing spaces that total a minimum of 500 square feet may count as one recreational amenity. A maximum of one business center may be utilized as an amenity. iv. A lounge, movie theatre, or party or similar gathering room that is a minimum of 750 square feet may count as one recreational amenity. f. Lawn or gathering area for non-organized sports may be considered one recreational amenity as set forth in the following criteria: ---PAGE BREAK--- Millcreek Together Code Update I Chapter 19.0X.X Residential Mix Zone I v4 17 i. The lawn or gathering area is a minimum of 5,000 square feet and at least sixty feet (60’) wide in all areas. ii. Landscaping must be done in a manner that preserves the openness of the area for such activities. iii. The lawn or gathering area is not located within drainage storage areas. iv. No more than one recreational amenity may be awarded for a lawn or gathering area on a given project. g. Trails may be considered as recreational amenities as set forth in the following criteria: i. Trails 1,000- 2500 feet in length may count as one recreational amenity. ii. Trails over 2,500 feet in length may count as two recreational amenities. iii. No more than two amenities may be awarded for trails on a given project. iv. Six feet foot minimum width shall be maintained for the entirety of the trail. v. The trail shall features demarcated lanes for non-motorized use such as bicycling, walking, skating, or jogging. vi. The trail may or may not be paved, but shall be constructed of a dust- free surface. h. Playgrounds may be considered as recreational amenities as set forth in the following criteria: i. Active recreational area that is a minimum of 2,500 square feet may count as one recreational amenity. ii. No more than two recreational amenities may be awarded for playgrounds on a given project. iii. Playgrounds shall feature a variety of facilities, including equipment for younger children. iv. When adjacent to any parking area, road, or other hazardous place the playground must be fenced with an open-style fence. i. Recreational Amenities not listed may be considered by the Director of Planning at the time of site plan submittal. In order to approve of such alternate amenities, the applicant must demonstrate all of the following criteria is met by the proposed amenity: ---PAGE BREAK--- Millcreek Together Code Update I Chapter 19.0X.X Residential Mix Zone I v4 18 i. The amenity serves a clear recreational function and serves as a clear enhancement to the quality of life for the residents of the development. ii. The proposed amenity is of similar or better standards to the amenities provided in this section. iii. The amenity is of a permanent nature. iv. The proposed amenity will not be of nuisance to residents or neighboring properties. I. Related Provisions. For additional information refer to the zoning ordinance and in particular the following sections Related Provisions Reference Section Topic MKZ 19.76.020 Occupancy permit MKZ 19.76.070 Division of a two-family dwelling MKZ 19.76.100 Sale of space needed to meet requirements MKZ 19.76.140 Private garage or carport—Reduced yards MKZ 19.76.190 Height limitations—Exceptions MKZ 19.76.200 Additional height allowed when MKZ 19.76.020 Occupancy permit MKZ 19.76.070 Division of a two-family dwelling MKZ 19.76.100 Sale of space needed to meet requirements MKZ 19.76.140 Private garage or carport—Reduced yards MKZ 19.76.190 Height limitations—Exceptions MKZ 19.76.200 Additional height allowed when MKZ 19.76.210 Off-site improvements MKZ 19.80.040 Number of spaces required ---PAGE BREAK--- Opinion: ZT-23-012 19.04.90 Commercial Zone Draft In comparing the current and proposed draft commercial code, the elimination of the three zoning categories from the existing code removes their distinctive features in favor of a single overarching class which, to a certain degree, weakens some protections currently offered within EMCCC boundries; this despite the rigorous limitations/design standards staff and consultants have proffered in the proposed ordinace. I acknowedge and appreciate that those intended restrictions do address many concerns a resident may have who is in close proximity to a commercial zone, as well as the fact that many present uses in the lower of the current three commercial zones do not exactly abide by the spirit suggested in the present “Purpose” language. However, the erasure per se of the C-1 zone, for example, with its premise (if not promise) of “...lower intensity neighborhood commercial development that accomodates the everyday needs of nearby residents...” is, from my perspective, regretful. [italics mine] Indeed, zooming in to the various commercial parcels on the Millcreek zoning map and-zoning-public), the descriptions “Neighborhood Commercial,” “Community Commercial” and “Regional Commercial” provide concise illustration of the preferred levels of development in each of the three categories. The proposed ordinance draft references that the purpose of the commercial zone is to, “...provide for community commercial development [that] cater[s] to local and regional markets...” Giving some weight as to the power of words, I believe this difference in tone and meaning is notable. [I will acknowledge also that, at the 12/07/2023 EMCCC meeting, Francis, if I understood him correctly, did mention that this possibly could be tweaked to give some consideration and reference the lowest intensity forms of use—I would welcome that.] Some specific protections (not exhaustive) with the current zoning and the modification in the proposed draft are: Use Current Proposed Outdoor Kennel Prohibited in C-1; C-2,C-3 not allowed Permitted use; prohibited within 150 ft within 300 ft of residential use of residential use Automobile Sales Prohibited in C-1 & C-2 Conditional Use w/limitations Hotel/Lodging Not allowed in C-1; Conditional Use in Permitted Use w/design & use standards C-2 & C-3 Pawn Shop Not allowed in a C-1 zone or within 300' Prohibited within 300' of a major of an arterial/major intersection in the C-2, intersection and within 1,320' of an estab- C-3 zones and not within 2640' of an lished similar business established substantially similar business. Check Cashing/ Non- Not allowed in the C-1 zone and not within Prohibited within 2,640' of an established deposit Financial 300' of an arterial intersection or within similar business Institution 2640' of an established substantially similar business. It may very well be that the limitations/design standards in the proposed ordinance draft mimic current protections, based on existing zoning and measurements. However, the effect of any potential rezones within EMCCC boundries and their interaction with the proposed ordinance is unpredictable to some extint, yet possibly less so with the three categories of commercial zoning in the existing code. Jamie Allyn 2197 E Keller Ln. [PHONE REDACTED] [EMAIL REDACTED] ---PAGE BREAK--- Page 1 of 6 Millcreek City Hall 3330 East Chambers Ave Millcreek, Utah 84106 millcreek.us Planning & Zoning (801) 214-2700 [EMAIL REDACTED] PLANNING COMMISSION STAFF REPORT - Continuation From: Millcreek Staff To: Planning Commission Meeting Date: December 20th 2023 - continued to January 17, 2024 RE: File Number ZT-23-012 – Adoption of a Commercial Zone Ordinance File Number ZT-23-015 – Adoption of a Residential Mixed (RM) Zone Ordinance Scope of Decision: Discretionary. This is a legislative matter, to be decided by the Millcreek City Council upon receiving a recommendation from the Community Council(s) and the Millcreek Planning Commission. Your recommendation can be broad in scope, but should consider prior adopted policies, especially the Millcreek General Plan. Prepared by: Logan & Simpson and Millcreek Staff Presented by: Brad Sanderson, AICP Background & Request As part of Millcreek’s comprehensive zoning code update, Staff is seeking your input and recommendation regarding two new ordinances: Commercial Zone and Residential Mixed Zone. As part of the incorporation of Millcreek as a city in 2017-2018, many zoning and development codes were adopted by have long been neglected and outdated. Millcreek Staff, with the aid of Logan and Simpson, a hired consultant, is working to update many of Millcreek’s zoning codes. Updates to the Commercial and Residential Mixed (RM) zoning codes have been developed over the past several months with preliminary input from a stakeholder committee, consisting of Millcreek residents, developers, and members of the Community Councils. Furthermore, a draft of each ordinance was later emailed to each community council and planning commission member beginning in early October of this year followed by an informal presentation and discussion with each of the Community Councils in November. A link to ‘Konveio’, (an online commenting platform), was established to gather further comment and consideration from each of the community councils and the planning commission. Staff later made a formal presentation to three of the four community councils during the month of December and have received some recommendations, (see below). Note: Canyon Rim did not hold a meeting during the month of December. A notice was sent out to property owners who own property within the current C-1, C-2, C-3, or RM zones, as well as to many property owners abutting properties within any of these affected zones. ---PAGE BREAK--- Page 2 of 6 Millcreek City Hall 3330 East Chambers Ave Millcreek, Utah 84106 millcreek.us Planning & Zoning (801) 214-2700 [EMAIL REDACTED] Staff is now requesting that the Planning Commission hold a public meeting and provide two separate recommendations to the City Council, one for each of the proposed ordinances. Staff welcomes any further guidance from you on how these ordinances can be improved to further the goals of the Millcreek General Plan and best practices regarding each proposed zoning code update. FINDINGS, CONCLUSIONS, & RECOMMENDATION General Overview and Findings • The following Guiding Principals were initially established as part of the Millcreek code update: o Ensure that the code is user-friendly. o Consolidate and Unite o Include language that is clearly defined and uniform. o Make development easy. o Encourage community health and sustainable development practices. o Build the right procedures. o Provide enforceable tools. • The code update will not “rezone” any properties, as part of the Commercial and Residential Mixed (RM) code update. All properties will stay within the respective zone, as per the current Zoning Map. • The code update primarily applies to new development. All existing or current uses and/or structures, will not be affected by the proposed code update; and will be allowed to continue to exist and operate, so long as they were legally permitted under the old code at the time they were established. Commercial Zone Summary and Findings • Millcreek currently has three commercial zones each containing similar development and design standards. Following the Guiding Principles (listed above), the update seeks to consolidate the C-1, C- 2 & C-3 Zones into a single commercial zone. • To address some concerns with impact to existing neighborhoods, the update proposed certain proximity buffers as it relates to certain “incompatible uses” (e.g. gas stations, drive-thru, carwashes, auto sales and services, etc.). The intent of the buffers is to help alleviate possible impact which some possible higher impact uses may have on adjacent nearby residentially zoned properties. • The update seeks to change certain uses from a ‘permitted use’ to ‘conditional use’ and vice versa. • Mixed-use continues to remain as an allowed use within the commercial zone? • Affordable housing, including some incentives, are being introduced as permitted uses (with some limitations) • Proposed design standards include but are not limited to the following: o Build-to lines to promote urban street edge design (75% of building facades need to be near the street for properties located within 300 feet of a major intersection) o Limits structures to 35 feet tall when within 100 feet of a residential zone o Includes architectural articulation standards. o Maintains existing material requirements for general commercial use but requires equal treatment on all building facades. o Updates specific use design standards for hotels and prohibits stucco. ---PAGE BREAK--- Page 3 of 6 Millcreek City Hall 3330 East Chambers Ave Millcreek, Utah 84106 millcreek.us Planning & Zoning (801) 214-2700 [EMAIL REDACTED] o Mixed use development requires a minimum of 100 feet of street frontage. o Mixed use follows RM Zone standards but allows for reduced open space from 20% of the land area to 250 square feet of open space/dwelling unit. o New requirements for dumpster placement and screening Residential Mixed Zone Summary and Findings • The RM Zone is primarily intended for medium to high density development but has many commercial uses currently within the zone, so a slight change to the name of zone has been made to “Residential Mixed” reflecting the mix of some uses in the district. • Two, three, and four-household dwellings are proposed as ‘permitted use’. • Multiple-household developments which have fewer than six units and are less than 30 feet tall, are listed as ‘permitted use’. Developments which have more than six units and buildings exceeding 30 feet tall, (maximum of 45 feet tall) the use is then listed as a conditional use. • Some commercial uses are allowed within new development but only as part of a mixed-use development. • Requires mixed uses for properties along street frontages located within 500’ of major intersections. Permits commercial uses such as restaurant, retail, and personal services in conjunction with mixed use. • Affordable housing density incentive - qualifies for a 25% reduction in minimum lot size. • To help reduce box or barrack style development, a maximum building length and a street facing/orientation of building requirements have been added. • New roof decks standards are included. • Location and screening criteria for dumpsters and utilities. • Recreational amenity requirements have been revised to reflect more current features and clarify standards for amenities. • Requires ground floor living space for residential uses to activate ground levels. General Plan Considerations The Millcreek General Plan includes a number of goals, strategies, and implementation targets that are accomplished through the updated Commercial Zone and Residential Mixed Zone ordinances. Relevant strategies and implementation measures are discussed below, along with a brief discussion in a shaded text box, describing how the ordinance updates accomplish these measures. UNIQUE NEIGHBORHOODS Strategy: Ensure Neighborhood Compatibility Implementation: Ensure that new adjacent and infill development is compatible with existing neighborhoods by regulating structure sizes and heights; building forms and materials; yard setbacks; streetscape character; height and bulk transitions; buffering; and other factors. ---PAGE BREAK--- Page 4 of 6 Millcreek City Hall 3330 East Chambers Ave Millcreek, Utah 84106 millcreek.us Planning & Zoning (801) 214-2700 [EMAIL REDACTED] Strategy: Rezone for densities necessary to facilitate the production of moderate-income housing (MIH) Implementation: Review and amend requirements of the Commercial Zones during the 2023 zoning code update to entice qualifying moderate income housing developments. Amendments may include waiving commercial use requirements for qualifying MIH projects in the C Zones. In addition to the buffer requirements listed within the recently adopted Landscape ordinance, both the ‘Residential Mixed’ and ‘Commercial’ ordinances attempt to further buffer existing neighborhoods by 1) maintaining the ‘height transition’ requirements, 2) maintain or increase the rear yard setback between new commercial/multi-unit residential and existing residential zones/uses (15’ for 2 to 4 unit dwellings and 25’ for non-residential uses and higher density developments), 3) as it pertains specifically to the Commercial Zone, building proximity to abutting street frontages and further away from neighborhoods with required “build-to areas” and 4) limit on certain “higher impact uses” (gas stations, carwashes, drive-thru, etc.) to be located further than 150’ distance from a residential use or property line. Both Residential Mixed and Commercial ordinances introduce ‘affordable housing’ as a new stand-alone “permitted” use, with additional 25% density bonuses for larger developments. VIBRANT GATHERING PLACES: Strategy: Implement zoning incentives for moderate income units in new developments and offer a variety of housing opportunities. Implementation: Explore specific incentives to entice developers to offer owner-occupied developments or a precentage thereof. Mixed use developments remain as allowed uses within both the Commercial and Residential-Mixed zones. The Residential zone, if adopted would require a minimum of 150 sqft. of living space on the ground floor of multi-unit residential development. THRIVING ECONOMY: Strategy: Zone or rezone for higher density or moderate income residential development in commercial or mixed use zones near major transit investment corridors, commercial centers, or employment centers Implementation: Revise land use designations within the Future Land Use Map and amend areas near major transit corridors and centers that are more appropriate for higher densities and qualifying moderate income housing developments by 2027 Strategy: Amend land use regulations to allow for higher density or new moderate income residential development in commercial or mixed-use zones near major transit investment corridors Implementation: Adopt reduced regulations and requirements in the Commercial Zone during the 2023 zoning code update which may include: ---PAGE BREAK--- Page 5 of 6 Millcreek City Hall 3330 East Chambers Ave Millcreek, Utah 84106 millcreek.us Planning & Zoning (801) 214-2700 [EMAIL REDACTED] • Consider implementing a density bonus incentive that gives a developer the ability to construct more units in exchange for providing additional moderate income housing units. • Create a streamlined development review process for affordable housing projects. Density bonus, up to 25%, may be allowed for developments with affordable housing. The Residential-Mixed zones requires mixed, within 500 feet of a specified intersection, for developing properties. Community Council Recommendations The Millcreek Community Council (MCC) recommended the following: Approve the RM Residential Mixed Zone ordinance with the recommendation to consider changing Paragraph 18.01.30 from and under 50 units" be changed to 12 units. Approve the Commercial Zone with the following recommendations: 1. Add a restriction on new storage units east of 700 East. 2. Reduce the percentage of affordable housing that can be built in C-Zone. As written, it is 100%; perhaps 25-50% minimum will entice more potential developers interested in building affordable housing. The Mount Olympus Community Council (MOCC) recommended the following: The MOCC provides a positive recommendation for its adoption of the R-M zone draft ordinance, as no concerns or qualifications at this point in time have been identified. The MOCC provides a qualified recommendation for the adoption of the Commercial zone draft ordinance, subject to remedying or clarifying the following issues. 1. The draft commercial zone ordinance reduces the geographical restrictions on a number of so-called “incompatible” uses, including, but not limited to) outdoor commercial recreation, vehicle service and repair, equipment car and truck rental, outdoor kennels, pawnshops, smoke shops, tattoo services, check cashing /payday lenders, flea markets, swap meets, etc. 2. Related to the above, the draft ordinance will allow in the current C-1 zone areas a number of “Incompatible” uses that are currently prohibited or limited in that zone, as listed above. 3. Although it is implausible for a number of reasons that such an outcome would occur, the draft commercial zone ordinance allows for a vehicle dealership at the Olympus Hills Shopping center location as a permitted use, an area designated in the General Plan as a prospective village center. In addition, there are a number of other uses that the draft ordinance will allow in this area that are also be incompatible with the village center concept. ---PAGE BREAK--- Page 6 of 6 Millcreek City Hall 3330 East Chambers Ave Millcreek, Utah 84106 millcreek.us Planning & Zoning (801) 214-2700 [EMAIL REDACTED] The East Mill Creek Community Council (EMCCC) forwards a positive recommendation for the approval of the [Application ZT-23-015 Adoption of Residential Mixed (RM) Zone Ordinance] subject application. The EMCCC forwards a positive recommendation for the approval of the [Application ZT-23-012 Adoption of Commercial Zone Ordinance] subject application with the following considerations/questions: Please read James Allyn’s letter regarding his concerns and objections (see letter attached). Drafts of both proposed code updates were presented in the month of November; however, Canyon Rim Community Council (CRCC) did not hold a meeting in the month of December, however because the Planning Commission meeting and discussion were “continued”, Staff was able to present the proposed Commercial and Residential Mixed Zones to the CRCC at the beginning of January. The CRCC has yet to offer an official recommendation or suggestions pertaining to either zone. Staff Recommendation Based on the Findings and Conclusions, Staff recommends that the Planning Commission take comments at the public meeting and forward a recommendation to the City Council for: • File Number ZT-23-012 – Adoption of a Commercial Zone Ordinance • File Number ZT-23-015 – Adoption of a Residential Mixed (RM) Zone Ordinance SUPPORTING DOCUMENTS • Planning Commission Notes • Commercial Zone Summary • Updated Commercial Zone Code (Clean) • Updated Commercial Zone Code (Track Change Format) • Residential Zone Summary • Updated Residential Mixed (RM) Zone Code (Clean) • Updated Residential Mixed (RM) Zone Code (Track Change Format) ---PAGE BREAK--- January 2024 Millcreek Together Code Update I Commercial Zone V5 1 Commercial Zone Key Changes General Updates: • Combines the C-1, C-2 and C-3 into a unified commercial district Use Updates: • New Affordable Housing Use (exempt from mixed use requirement) • Mixed use is permitted • Permits more uses outright with new standards such as residential proximity location criteria for intense commercial uses • Permits small gyms, but requires a conditional use for larger ones • Requires conditional uses for drive throughs • New uses for ghost kitchens and flex space Development Standards Updates: • Limits structures to 35’ within 100’ of residential zones. • Build-to-area for sites within 300’ of major intersections requires 75% of front façade pulled closer to the street. • Updated architectural articulation standards include new options for developers including pitched roofs. • Maintains existing materials requirements for general commercial uses but requires 4 sided design. • Updates specific use design standards for hotels to prohibit stucco. • New minimum frontage requirements for mixed uses (100’) • Mixed uses follow RM standards but permit reduced open space to 250 sq feet per dwelling unit. • New requirements for dumpster placement and screening Key Changes Since Previous Draft: • New graphic to illustrate the separation of uses • Additional language to clarify where separation of uses is measured • Revised distance from residential for automobile sales and animal services • Eliminated separation requirement for Ghost Kitchen/ Commercial Kitchen ---PAGE BREAK--- Millcreek Together Code Update I Chapter 18.45 Commercial Zone I v7 1 18.45 Commercial Zone 18.45.010 Purpose. A. The purpose of the Commercial Zone is to provide areas for community commercial development. Such zones cater to local and regional markets and may include limited residential uses as incorporated into a commercial mixed-use development. 18.45.020 Applicability A. This Chapter shall govern the development of land within the Commercial Zone. 18.45.030 Permitted And Conditional Uses A. Uses in the Commercial Zone are as set forth in Table 18.45.031 Permitted and Conditional Uses in the C Zone. Table 18.45.031 Permitted and Conditional Uses in the Commercial Zone P= Permitted C= Conditional Use Review Required Land Use C Zone Limitations / References Residential Uses Affordable Housing P 80% of units must be affordable if not in association with mixed use standards Multiple-household dwelling P Only permitted in association with mixed use set forth in the development standards as set forth in MKZ 18.45.090 Nursing home/ Assisted living P Residential Facility For Persons With A Disability P Residential Facility For Elderly Persons P Caretaker Dwelling P Additional use standards apply as set forth in MKZ 18.45.090 Commercial Uses ---PAGE BREAK--- Millcreek Together Code Update I Chapter 18.45 Commercial Zone I v7 2 Table 18.45.031 Permitted and Conditional Uses in the Commercial Zone P= Permitted C= Conditional Use Review Required Land Use C Zone Limitations / References Animal Services P Outdoor kennels or animal play areas prohibited within 300’ of a residential use or a residential zone. Automobile / recreational vehicle sales or rental C Only allowed when located on arterial roadways 80’ or greater in width. Prohibited within 300’ of a residential use or a residential zone. Additional use standards apply as set forth in MKZ 18.45.090 Automobile service and repair C Prohibited within 150’ of a residential use or a residential zone and within 1,320’ (1/4 mile) of an established substantially similar business. Additional use standards apply as set forth in MKZ 18.45.090 Does not include any impound, salvage yard or vehicle recycling facilities Car wash C Prohibited within 150’ of a residential use or a residential zone and within 300’ of a major intersection and within 1,320’ (1/4 mile) of an established substantially similar business. Clinic, medical or dental P Commercial Daycare P Commercial Entertainment under 25,000 square feet P Outdoor entertainment uses prohibited within 150’ of a residential use or a residential zone. Gun ranges (indoor or outdoor) are prohibited. Commercial Entertainment, 25,000 square feet or more C Outdoor entertainment uses prohibited within 150’ of a residential use or a residential zone. Gun ranges (indoor or outdoor) are prohibited. ---PAGE BREAK--- Millcreek Together Code Update I Chapter 18.45 Commercial Zone I v7 3 Table 18.45.031 Permitted and Conditional Uses in the Commercial Zone P= Permitted C= Conditional Use Review Required Land Use C Zone Limitations / References Commercial kitchen / ghost kitchen P Commercial parking lot/ parking garage C Parking garages shall include non- residential uses for at least 75% of the ground floor facing a public street. Community Garden P Depository Financial Institution P Drive through window C Drive through windows prohibited within mixed-use developments. Eating and drinking establishment P Flex Space P Maximum square footage of 10,000 square feet per building, a minimum of 20% of floor area must be office and or retail uses. Fuel Station C Prohibited within 1,320’ (1/4 mile) of an existing fuel station and within 150’ of a residential use or a residential zone. Funeral Home / Mortuary P Greenhouse / plant nursery P Gym / fitness studio under 5,000 square feet P Gym / fitness studio 5,000 square feet or more C Hospital C ---PAGE BREAK--- Millcreek Together Code Update I Chapter 18.45 Commercial Zone I v7 4 Table 18.45.031 Permitted and Conditional Uses in the Commercial Zone P= Permitted C= Conditional Use Review Required Land Use C Zone Limitations / References Light Service and Repair P Maximum square footage of 10,000 square feet. Lodging P Live /Work Unit P Only permitted in association with mixed use set forth in the development standards as set forth in MKZ 18.45.090 Non-Depository Financial Institution P Prohibited within 2,40’ (1/2 mile) of an established substantially similar business. Office P Pawn Shop P Prohibited within 300’ of a major intersection and within 1,320’ (1/2 mile) of an established substantially similar business. Personal Service P Reception or event center P Outdoor uses prohibited within 300’ of a residential use or a residential zone. Retail sales P Retail stores primarily selling tobacco and/ or associated paraphernalia are prohibited within 1,320’ (1/4 mile) of an established substantially similar business. Self-storage facility C Prohibited within 300’ of a major intersection and within 1,320’ (1/4 mile) of an established substantially similar business. Additional location restrictions apply as set forth in MKZ 18.45.090 Institutional Uses ---PAGE BREAK--- Millcreek Together Code Update I Chapter 18.45 Commercial Zone I v7 5 Table 18.45.031 Permitted and Conditional Uses in the Commercial Zone P= Permitted C= Conditional Use Review Required Land Use C Zone Limitations / References Commercial wireless communication facilities P Only stealth type towers/ accessory structures permitted Public uses P Detention Facilities are not permitted Religious Assembly P Quasi-Public Use C B. Distances from major intersections are measured from the nearest point of the right-of- way at an intersection to the subject property at the nearest point. C. Distances between similar uses are measured from the nearest point of a property line with the similar use to the nearest point of the subject property line. D. Use separation distances are measured from property line. Uses within the separation area are limited to those not directly affiliated with the primary use such as ancillary parking and landscaping. Figure 18.45.031 ---PAGE BREAK--- Millcreek Together Code Update I Chapter 18.45 Commercial Zone I v7 6 18.45.040 Accessory Uses. A. Accessory uses and structures shall be subordinate/incidental to the main use and structure and shall not be allowed in the front or side yards facing a street. 18.45.050 Spatial Requirements A. The spatial requirements are as set forth in Table 18.45.051 Spatial Requirements for the Commercial Zone Figure18.45.051 Commercial zone spatial requirements illustration ---PAGE BREAK--- Millcreek Together Code Update I Chapter 18.45 Commercial Zone I v7 7 Figure 18.45.052 Commercial zone spatial requirements illustration when abutting residential zones. Table 18.45.051 Spatial Requirements for Commercial Zone Spatial Requirement C Zone When abutting residential zone Minimum lot area None Minimum lot width None Maximum building height 45’ 45’, 35’ within 100‘ of residential zone Maximum lot coverage 80% Minimum building height 1 story, 2 stories within village centers (2300 E/ 3300 S, Olympus Hills, Highland Dr/ Murray-Holladay Rd) ---PAGE BREAK--- Millcreek Together Code Update I Chapter 18.45 Commercial Zone I v7 8 Table 18.45.051 Spatial Requirements for Commercial Zone Spatial Requirement C Zone When abutting residential zone Minimum front yard 15’ 15’ Minimum rear yard None 25’, subject to Landscape Buffer B as set forth in MKZ 18.67 Minimum interior side yard None 10’ subject to Landscape Buffer B as set forth in MKZ 18.67 Minimum corner side yard 15’ Accessory structure minimum rear and interior side yard 1’ 10’ between buildings ---PAGE BREAK--- Millcreek Together Code Update I Chapter 18.45 Commercial Zone I v6 9 18.45.060 Site Layout Standards. A. Development within the C Zone shall meet the following site layout standards: Figure 18.45.061 Site Standards Illustration 1. Building Orientation. Buildings shall orient their street facing facades parallel to the right of way. 2. Build-To-Area. Developments within 300’ of a major intersection as measured by a radius from the applicant's nearest property line to the arterial intersection ROW line are required to conform to the following standards: Figure 18.45.062 Sites Within 300’ of a Major Intersection Standards ---PAGE BREAK--- Millcreek Together Code Update I Chapter 18.45 Commercial Zone I v6 10 a. Major intersections are defined where the following streets intersect with one another: Murray- Holladay Rd. 4500 S 3900 S 3300 S 300 W West Temple Main Street State Street 500 East (10) 700 East (11) 900 East (12) 1100 East (13) 1300 East (14) Highland Drive (15) 2000 East (16) 2300 East (17) 2700 East (18) Wasatch Boulevard ---PAGE BREAK--- Millcreek Together Code Update I Chapter 18.45 Commercial Zone I v6 11 b. The build-to-area is measured perpendicularly to the front setback and is ten feet (10’) in depth. Build-to-area may not encroach upon the front yard setbacks established in this Chapter. c. A minimum of 75 percent of the front elevation of the building(s) must be within the build-to-area. 3. Entrances. Commercial and residential entrances to the first floor of commercial and mixed use buildings shall front on the street. On double or triple-frontage lots, entrances are required where the greatest amount of pedestrian traffic is anticipated, but in all cases must front on a street. 4. Vehicle access and parking. a. For sites within Village Centers and 300’ of major intersections: No parking, circulation driveway or drop-off/ pickup areas are permitted between the front of the building and the street. b. For all other locations: A maximum of one parking row, circulation driveway, or drop-off/ pickup areas is permitted between the front of the building and the street. 5. Garbage and Recycling. All development shall be designed to accommodate and efficiently manage the collection, storage, and removal of garbage and recycling per the following standards: a. All developments must provide recycling services. b. All development is required to screen dumpsters and recycling facilities per the standards of this section as well as the landscape standards as set forth in MKZ 19.77 c. No refuse, recycling bin, dumpster or dumpster enclosure structure shall be located closer than 10 feet (10’) to any perimeter property line. d. Enclosures shall be constructed of a solid masonry material and shall include sold steel gates. 6. Utilities. a. Location. All utilities shall be located underground with the exception of existing overhead transmission lines. b. Screening. All utility equipment shall be screened from view as set forth in MKZ 19.XX. c. Permissions. Private water and other in-ground utilities that are privately owned require piping subject to the approval of the utility owner. 7. Perimeter Fencing. Fencing is required for non-residential uses located adjacent to residential zones and mixed-use developments as set forth in MKZ 19.77.050 Landscape Standards, except as follows: ---PAGE BREAK--- Millcreek Together Code Update I Chapter 18.45 Commercial Zone I v6 12 a. Acceptable fencing materials include architecturally designed brick, stone, or block, or pre-cast concrete. b. Fencing with materials using composite products, wrought iron, wood, or vinyl is permitted if accompanied by a minimum two foot wide, six foot tall brick or stone pillars spaced every ten feet on center. c. Exterior fencing along a public right of way shall be limited to brick, stone, or block, or pre- cast concrete and be setback a minimum of 5 feet from the property line to allow for a landscaping buffer designed in accordance with MKZ 19.77. 18.45.070 Building massing standards A. Development within the C Zone shall meet the following building massing standards: 1. Stepbacks. Buildings greater than 35 feet (35’) in height shall have a minimum 10 foot (10’) stepback between the first or second stories and third story when along Streets, Property Frontages, and Residential Zone Boundaries. Figure 3 Stepback illustration 2. Massing and Façade Articulation. All buildings that are not faced entirely in brick or stone shall be designed to have at least three of the following massing or façade articulation design elements: ---PAGE BREAK--- Millcreek Together Code Update I Chapter 18.45 Commercial Zone I v6 13 Figure 18.45.071 Building Massing Standards Illustration a. Façade articulation. The primary façade plane shall not exceed forty feet (40’) in length without full height articulation. The articulation shall be a minimum of two feet in depth or projection from the primary façade plane and shall be a minimum of five feet in width. b. Change in height. The top of the building shall change in height by at least five feet every thirty feet (30’) of façade length. c. Indentations or recesses. The building shall feature indentations or recesses such as alcoves or arcades at least five feet in depth along the façade at maximum of 75 foot intervals. Such indentations or recesses shall be a minimum of one story in height. d. Terraces. Unless required as a stepback, usable terraces (a larger balcony intended as a private resident leisure space or commercial leisure space) at least 10 feet in depth along the street facing facades. e. Pitched roofs. The primary structure is covered by a pitched roof with a minimum pitch of 3/12. Parapets are not considered to meet this requirement. f. Architecturally integrated trellises. Architecturally integrated trellises shall be attached to the wall and cover at least twenty percent (20%) of a wall and shall project a minimum of 18 inches from the primary façade and have accompanying landscape planting material. g. Stepbacks. Stepbacks shall only meet this requirement if not otherwise required. ---PAGE BREAK--- Millcreek Together Code Update I Chapter 18.45 Commercial Zone I v6 14 3. Measurement of Building Height is measured from the natural grade original ground surface to the highest point of the roof, including firewalls, parapets, skylights, towers, steeples, flagpoles, shade structures, and all other architectural features. 18.45.080 Building Materials Standards A. Development within the C Zone shall meet the following building materials standards: Figure 18.45.081 Building Materials Requirements Illustration 1. Windows. a. Windows shall constitute at least 50 percent of first floor street-facing facades, and windows shall be at least 50 percent transparent. b. On double or triple-frontage lots, living screens may replace up to 50 percent of the window requirement for the façade along the lowest anticipated pedestrian traffic frontage. c. Windows shall constitute at least 25 percent of all upper story street- facing facades. 2. Exterior Materials. a. Exterior materials of a durable or resilient nature such as brick, stone, architectural metal panel, composite materials, or other materials of similar quality, hardiness, and low maintenance characteristics shall be used. Twenty-five year guarantee, architectural shingles and/or other longer lasting roof materials are required. ---PAGE BREAK--- Millcreek Together Code Update I Chapter 18.45 Commercial Zone I v6 15 b. Brick or stone may be used for up to one hundred percent (100%) of the building façade, excluding windows. No other single material is allowed to exceed fifty percent (50%) on any facade, excluding windows. Other materials may be considered for soffits, or as an accent or architectural feature. c. Stucco, EIFS, architecturally finished concrete, or architectural metal panel shall comprise no more than 20 percent (20%) of any façade or from an abutting property that is located in an R-1, R-2, R-4, or AG zone (“residential zone”). d. A change of materials is required between the ground story and all upper stories, unless the material is brick or stone. 18.45.090 Design and Use Standards for specific uses. A. The following standards are applicable to the uses specified in addition to the development standards in this Chapter. Should conflicts occur, the more restrictive shall apply. B. Automobile / recreational vehicle sales or rental facilities shall meet the following site requirements: 1. The minimum lot size for such use is 20,000 square feet. 2. The site must contain an office of at least 2,000 square feet. 3. Inventory lot parking shall not be included in the minimum parking requirements. C. Automobile service and repair uses shall meet the following site standards: 1. Bay doors shall not be located on facades facing residential uses or zones. 2. Vehicles awaiting repair or service shall be screened by Landscape Buffer C as set forth in MKZ 19.XX. 3. Vehicle storage areas shall not count toward parking minimum requirements. D. Caretaker Dwelling is only permitted in accordance with the following standards: 1. A caretaker dwelling is only permitted as an ancillary use in association with a primary commercial use. 2. A maximum of one caretaker dwelling is permitted on a given site. 3. The property owner shall record an affidavit stating the caretaker dwelling will not be leased, rented, or sold separately. 4. A caretaker dwelling shall consist of a minimum habitable floor area of 600 square feet and not to exceed a maximum habitable floor area of 1,200 square feet. 5. The caretaker dwelling is subject to the residential use off-street parking requirements Chapter 19.80 of the MKZ. ---PAGE BREAK--- Millcreek Together Code Update I Chapter 18.45 Commercial Zone I v6 16 6. The parking spaces for caretaker dwelling cannot be included in any parking reduction request including shared parking. 7. Home businesses with a customer base visiting the caretaker dwelling shall be prohibited. E. Drive through windows. Drive through windows are considered if they meet the following impact mitigation standards: a. The drive through window is not located on a façade facing a public right-of-way, residential use or zone. b. The drive through window is not located on a façade facing a residential use or zone. c. The speaker box is located a minimum of 150 feet from the nearest property line of a residential use or zone. d. The drive through is not located within a mixed-use site plan. F. Self storage facilities. Self-Storage facilities are prohibited within 300’ of a major intersection and within 1,320’ (1/4 mile) of an established substantially similar business No additional self-storage facilities are permitted on the following locations: 1. on 3300 South 2. on 4500 South, east of 2300 East 3. on 3900 South, east of 2300 East G. Fuel Station Design Standards: 1. Fuel pump islands shall be so located that automobiles stopped for service will not extend over the property line, drive aisles, or otherwise impede circulation of the site or surrounding streets. 2. Fuel pump canopies shall be set back no less than four feet from any required setback. At no point shall a fuel pump be located closer than twenty- four feet (24’) to the nearest property line. 3. Fuel pump stations shall not count toward required parking calculations. H. Hotel Design Standards: 1. Hotels shall have a prominent porte-cochere or portico, incorporating the materials used in the main building. 2. Stucco is prohibited on any façade. 3. Wall openings, such as windows and doors, located in lobbies and other common rooms, shall comprise at least 25% of the front façade. 4. Massing and Façade Articulation for hotels shall have at least five of the façade design elements listed in MKZ 19.04.090 G Building massing standards. 5. Up to two facades may have a maximum building length of 200 feet and all additional facades may have a maximum building length of 150 feet. ---PAGE BREAK--- Millcreek Together Code Update I Chapter 18.45 Commercial Zone I v6 17 6. No more than one row of parking is allowed between a hotel and any street it fronts. 7. Access to guest rooms shall be restricted exclusively to interior corridors, which shall be accessed via the main lobby of the building or individually equipped with some form of security-controlled access system. I. Mixed-Use Development Standards. All mixed-use developments shall meet the following standards: Figure 18.45.091 Mixed Use Standards Illustration 1. Minimum Frontage Requirement. If the mixed-use development includes residential uses, the mixed use site shall have a minimum of 100 feet of frontage along a major collector, minor arterial, or other principal arterial road as identified in the Roadway Functional Classification Map of the Millcreek Transportation Master Plan. 2. Finished Floor Elevation. The finished floor elevation of entrances on a ground floor commercial space fronting a street shall be no lower or higher than two feet from the street elevation, as measured at the edge of asphalt, or top of curb, where a building abuts a public sidewalk. 3. Up to two facades may have a maximum building length of 200 feet and all additional facades may have a maximum building length of 150 feet. 4. Parking. Parking shall meet the requirements as set forth in MKZ 19.80 Parking and Mobility Standards. In addition, the following standards apply: ---PAGE BREAK--- Millcreek Together Code Update I Chapter 18.45 Commercial Zone I v6 18 a. Entry Gates Prohibited. Vehicular entry gates are prohibited as part of any mixed-use development containing residential uses unless the gate services a structure or podium. Gates must be situated in a manner that does not pose a traffic hazard due to vehicle queues waiting to enter through the gate. b. Tandem Spaces in Podiums and Structures. Tandem spaces in conjunction with garages may be allowed only for residential uses with a minimum size requirement of 20 feet in length and 9 feet in width per parking space, not to exceed two contiguous spaces for each unit. c. Tandem parking or parking in a private garage or driveway shall not be counted as guest parking or commercial user parking. 5. Minimum Commercial Floor Area Required. Mixed-use developments are required to have commercial uses per the following standards: a. A mixed-use development shall have at least 1,500 square feet of commercial floor area. b. Minimum First Story Height for Ground Floor Commercial Space. Ground stories containing commercial space, including live/work units, shall be at least 12 feet in height. c. Affordable housing is exempt from the minimum commercial floor area requirement. 6. Residential standards. Residential dwelling units in mixed use developments shall follow the standards as set forth in 18.41 Residential Mix (RM) Zone except as follows: a. Open space shall be provided for residential uses in the amount of at least 250 square feet per dwelling unit. 100 square feet per dwelling unit may be private open space, and 150 square feet per dwelling unit must be common open space. b. The required common open space shall be usable land areas that are not occupied by buildings, dwellings, structures, parking areas, streets, public park strips, curbs, gutters, sidewalks, walking paths, driveways, or alleys and shall be accessible by all residents of the mixed-use development. c. Buildings erected for the principal purpose of providing an amenity, or required interior common amenity spaces may be included as open space as set forth in the MKZ 19.XX, (RM Amenities Standards). ---PAGE BREAK--- Millcreek Together Code Update I Chapter 18.45 Commercial Zone I v6 19 d. Said open space may be an area of land or water set aside, or reserved for use by residents of the development, including an expanse of lawn, trees, plants, fully accessible landscaped roof areas, or other natural areas. Drainage basins may not be utilized toward required open space. e. Common open space may be distributed throughout the development and need not be in a single large area. Projects with over twenty dwelling units shall include a single and contiguous landscaped passive open space sufficient for outdoor activity with a minimum area of 5,000 square feet. J. Additional Standards for Vertically-Integrated Mixed Use . A vertically integrated mixed- use building shall consist of commercial uses on the ground story with residential uses or office uses on upper stories and is subject to the following standards: Figure18.45.092 Commercial Space Configurations Diagram 1. Commercial Frontage and Minimum Depth of Ground Story Commercial Space. No less than 50 percent of the building’s front façade shall be occupied by commercial uses. Such commercial uses shall utilize one of the following configurations: a. Commercial spaces with a minimum depth of 30 feet as measured perpendicular to the frontage shall occupy at least 80 percent of a building’s ground floor front façade. b. Commercial spaces with a minimum depth of 40 feet as measured perpendicular to the frontage shall occupy at least 50 percent of a building’s ground floor front façade. ---PAGE BREAK--- Millcreek Together Code Update I Chapter 18.45 Commercial Zone I v6 20 c. Commercial spaces that occupy a minimum of two stories and shall have a minimum depth of 30 feet as measured perpendicular to the frontage and shall occupy at least 50 percent of a building’s ground floor front façade. In no event shall the minimum required commercial square footage be less than 3,000 square feet. d. Commercial spaces in a live/work unit shall have a minimum depth of 12 feet as measured perpendicular to the frontage, provided the commercial space in a live/work unit is a minimum of two stories and is not located within 300 feet of a major intersection. 2. Ground Story Use Requirements. The ground floor of a mixed use shall comply with the following requirements: a. Live/Work Units. Live/Work units may be used to meet the requirement for commercial uses, provided that the entire ground floor of the live/work unit meets the design and use criteria listed in this chapter and is operated as an allowable commercial use in this Chapter. Commercial spaces in a live/work unit that are used to calculate the minimum commercial use or frontage requirements provided in this chapter shall not be used for residential purposes, parking, or storage b. Residential Amenities as Commercial Uses. For the purposes of this chapter, leasing offices serving on-site residential and commercial uses, lobbies, required parking, elevators, stairwells and any residential amenity spaces are not considered commercial uses. K. Additional Standards for Mixed Use in a Unified Site Plan. A unified site plan shall consist of separate residential and commercial buildings, some of which may be vertically integrated mixed-use buildings, in a site plan that features consistent approaches to lighting, landscaping, signage, building design, and materials use. ---PAGE BREAK--- Millcreek Together Code Update I Chapter 18.45 Commercial Zone I v6 21 Figure 18.45.093 Unified Site Plan Illustration 1. Commercial buildings in a unified site plan must occupy at least 30 percent of the gross ground story floor area of the unified site plan and shall occupy at least 50 percent of the of the building frontages along a right-of way. Commercial spaces of at least 1,500 square feet in ground floor area must occupy at least 50 percent of the building frontages along a right-of-way. 2. Vertically integrated mixed-use buildings in a unified site plan shall meet the requirements of vertically integrated mixed use buildings and shall abut a public right-of-way. L. Additional Requirements for Commercially Significant Development Sites. A site is determined to be a Commercially Significant Development if any of the following apply: 1. The development site is greater than one acre is area. 2. The development site is located within a Village Center, Retail/Office, or Employment/Commercial Future Land Use Designation on the adopted Millcreek Future Land Use Map 3. The development site is located within 600 feet of the following intersections, as measured as a radius from the nearest property line to the intersection right of way line: a. 4500 South and Highland Drive b. 2000 East and 3300 South c. 900 East and 3300 South 4. Any Mixed-Use Development on a Commercially Significant Development Site shall meet the following requirements: ---PAGE BREAK--- Millcreek Together Code Update I Chapter 18.45 Commercial Zone I v6 22 a. The development must include commercial uses for at least 30 percent of the mixed-use development’s gross floor area of buildings adjacent to a street. b. Frontage Requirements. Commercial uses are not required on facades of mixed-use developments that are not located on a street identified in the Millcreek Transportation Master Plan Roadway Functional Classification Map as a Major Collector, a Minor Arterial, or an Other Principal Arterial. c. Live/Work Units. Live/Work units may be used to meet the requirement for commercial uses, provided that the entire ground floor of the live/work unit meets the design and use criteria listed in this chapter and is operated as an allowable commercial use in this Chapter. Commercial spaces in a live/work unit that are used to calculate the minimum commercial use or frontage requirements provided in this chapter shall not be used for residential purposes, parking, or storage. d. Parking and Vehicular Access. In addition to meeting the requirements of MKZ 19.80, Any required residential parking shall be located in an enclosed parking structure, podium, private garage, or carport. 18.45.100 Related Provisions A. For additional information, refer to the Millcreek Code and in particular the following sections: Related Provisions Reference Section Topic MKZ 19.XX Occupancy permit MKZ 19.XX RM Zone Mixed Use standards MKZ 19.XX Landscaping Requirements MKZ 19.XX Parking and Mobility Requirements MKZ 19.XX Signage MKZ 19.XX Fencing MKZ 19.XX Accessory Structures MKZ 19.XX Nonconforming Structures MKZ 19.XX Off site improvements MKZ 19.XX Lighting MKZ 19.XX Height ---PAGE BREAK--- Millcreek Together Code Update I Chapter 18.45 Commercial Zone I v7 1 18.45 Commercial Zone 18.45.010 Purpose. A. The purpose of the Commercial Zone is to provide areas for community commercial development. Such zones cater to local and regional markets and may include limited residential uses as incorporated into a commercial mixed-use development. 18.45.020 Applicability A. This Chapter shall govern the development of land within the Commercial Zone. 18.45.030 Permitted And Conditional Uses A. Uses in the Commercial Zone are as set forth in Table 18.45.031 Permitted and Conditional Uses in the C Zone. Table 18.45.031 Permitted and Conditional Uses in the Commercial Zone P= Permitted C= Conditional Use Review Required Land Use C Zone Limitations / References Residential Uses Affordable Housing P 10080% of units must be affordable if not in association with mixed use standards as set forth in MKZ 19.XX.XX Multiple-household dwelling P Only permitted in association with mixed use set forth in the development standards as set forth in MKZ 18.45.09019.XX.XX Nursing home/ Assisted living P Residential Facility For Persons With A Disability P Residential Facility For Elderly Persons P Caretaker Dwelling P Additional use standards apply as set forth in MKZ 18.45.09019.XX.XX Commercial Uses Formatted: Don't keep with next Formatted: Keep lines together ---PAGE BREAK--- Millcreek Together Code Update I Chapter 18.45 Commercial Zone I v7 2 Table 18.45.031 Permitted and Conditional Uses in the Commercial Zone P= Permitted C= Conditional Use Review Required Land Use C Zone Limitations / References Animal Services P Outdoor kennels or animal play areas prohibited within 150’ 300’ of a residential use or a residential zone. 1 Automobile / recreational vehicle sales or rental C Only allowed when located on arterial roadways 80’ or greater in width. Prohibited within 150’ 300’ of a residential use or a residential zone.1 Additional use standards apply as set forth in MKZ 19.XX.XX18.45.090 Automobile service and repair C Prohibited within 150’ of a residential use or a residential zone and within 1,320’ (1/4 mile) of an established substantially similar business. 1 Additional use standards apply as set forth in MKZ 18.45.09019.XX.XX Does not include any impound, salvage yard or vehicle recycling facilities Car wash C Prohibited within 150’ of a residential use or a residential zone1 and within 300’ of a major intersection and within 1,320’ (1/4 mile) of an established substantially similar business. 1 Clinic, medical or dental P Commercial Daycare P Commercial Entertainment under 25,000 square feet P Outdoor entertainment uses prohibited within 150’ 150’ of a residential use or a residential zone1. Gun ranges (indoor or outdoor) are prohibited. Commercial Entertainment, 25,000 square feet or more C Outdoor entertainment uses prohibited within 150’ of a residential use or a residential zone.1 Gun ranges (indoor or outdoor) are prohibited. Formatted: Font color: Text 2 ---PAGE BREAK--- Millcreek Together Code Update I Chapter 18.45 Commercial Zone I v7 3 Table 18.45.031 Permitted and Conditional Uses in the Commercial Zone P= Permitted C= Conditional Use Review Required Land Use C Zone Limitations / References Commercial kitchen / ghost kitchen P Prohibited within 150’ of a residential use or a residential zone. 1 Commercial parking lot/ parking garage C Parking garages shall include non- residential uses for at least 75% of the ground floor facing a public street. Community Garden P Depository Financial Institution P Drive through window C Drive through windows prohibited within mixed-use developments. Eating and drinking establishment P Flex Space P Maximum square footage of 10,000 square feet per building, a minimum of 20% of floor area must be office and or retail uses. Fuel Station C Prohibited within 1,320’ (1/4 mile) of an existing fuel station and within 150’ of a residential use or a residential zone.1 Funeral Home / Mortuary P Greenhouse / plant nursery P Gym / fitness studio under 5,000 square feet P Gym / fitness studio 5,000 square feet or more C Hospital C ---PAGE BREAK--- Millcreek Together Code Update I Chapter 18.45 Commercial Zone I v7 4 Table 18.45.031 Permitted and Conditional Uses in the Commercial Zone P= Permitted C= Conditional Use Review Required Land Use C Zone Limitations / References Light Service and Repair P Maximum square footage of 10,000 square feet. Lodging P Live /Work Unit P Only permitted in association with mixed use set forth in the development standards as set forth in MKZ 18.45.09019.XX.XX Non-Depository Financial Institution P Prohibited within 2,40’ (1/2 mile) of an established substantially similar business. 1 Office P Pawn Shop P Prohibited within 300’ of a major intersection and within 1,320’ (1/2 mile) of an established substantially similar business. 1 Personal Service P Reception or event center P Outdoor uses prohibited within 300’ of a residential use or a residential zone. 1 Retail sales P Retail stores primarily selling tobacco and/ or associated paraphernalia are prohibited within 1,320’ (1/4 mile) of an established substantially similar business. 1 Self-storage facility C Prohibited within 300’ of a major intersection and within 1,320’ (1/4 mile) of an established substantially similar business. 1 Additional location restrictions apply as set forth in MKZ 18.45.09019.XX.XX ---PAGE BREAK--- Millcreek Together Code Update I Chapter 18.45 Commercial Zone I v7 5 Table 18.45.031 Permitted and Conditional Uses in the Commercial Zone P= Permitted C= Conditional Use Review Required Land Use C Zone Limitations / References Institutional Uses Commercial wireless communication facilities P Only stealth type towers/ accessory structures permitted Public uses P Detention Facilities are not permitted Religious Assembly P Quasi-Public Use C 1 Distances are measured from property line or nearest point of the right-of-way at an intersection B. to the subject property line at the nearest point. Distances from major intersections are measured from the nearest point of the right-of-way at an intersection to the subject property at the nearest point. C. Distances between similar uses are measured from the nearest point of a property line with the similar use to the nearest point of the subject property line. D. Use separation distances are measured from property line. Uses within the separation area are limited to those not directly affiliated with the primary use such as ancillary parking and landscaping. Figure 18.45.031 Formatted: Heading 4, Adjust space between Latin and Asian text, Adjust space between Asian text and numbers Formatted: Heading 4 Formatted: Don't keep with next Formatted: Font color: Text 2 Formatted: Keep lines together Formatted: Font color: Text 2 Formatted: Font color: Text 2 ---PAGE BREAK--- Millcreek Together Code Update I Chapter 18.45 Commercial Zone I v7 6 18.45.040 Accessory Uses. A. Accessory uses and structures shall be subordinate/incidental to the main use and structure and shall not be allowed in the front or side yards facing a street. 18.45.050 Spatial Requirements A. The spatial requirements are as set forth in Table 18.45.051 Spatial Requirements for the Commercial Zone Figure18.45.051 Commercial zone spatial requirements illustration Formatted: Font color: Text 2 Formatted: Keep lines together ---PAGE BREAK--- Millcreek Together Code Update I Chapter 18.45 Commercial Zone I v7 7 Figure 18.45.052 Commercial zone spatial requirements illustration when abutting residential zones. ---PAGE BREAK--- Millcreek Together Code Update I Chapter 18.45 Commercial Zone I v7 8 Table 18.45.051 Spatial Requirements for Commercial Zone Spatial Requirement C Zone When abutting residential zone Minimum lot area None Minimum lot width None Maximum building height 45’ 45’, 35’ within 100‘ of residential zone Maximum lot coverage 80% Minimum building height 1 story, 2 stories within village centers (2300 E/ 3300 S, Olympus Hills, Highland Dr/ Murray-Holladay Rd) Minimum front yard 15’ 15’ Formatted: Keep lines together Formatted: Keep lines together Formatted: Keep lines together Formatted: Keep lines together Formatted: Keep lines together Formatted: Keep lines together Formatted: Keep lines together ---PAGE BREAK--- Millcreek Together Code Update I Chapter 18.45 Commercial Zone I v7 9 Table 18.45.051 Spatial Requirements for Commercial Zone Spatial Requirement C Zone When abutting residential zone Minimum rear yard None 25’, subject to Landscape Buffer B as set forth in MKZ 19.XX18.67 Minimum interior side yard None 10’ subject to Landscape Buffer B as set forth in MKZ 19.XX18.67 Minimum corner side yard 15’ Accessory structure minimum rear and interior side yard 1’ 10’ between buildings Formatted: Keep lines together Formatted: Keep lines together Formatted: Keep lines together Formatted: Keep lines together Formatted: Keep lines together ---PAGE BREAK--- Millcreek Together Code Update I Chapter 18.45 Commercial Zone I v6 10 18.45.060 Site Layout Standards. A. Development within the C Zone shall meet the following site layout standards: Figure 18.45.061 Site Standards Illustration 1. Building Orientation. Buildings shall orient their street facing facades parallel to the right of way. 2. Build-To-Area. Developments within 300’ of a major intersection as measured by a radius from the applicant's nearest property line to the arterial intersection ROW line are required to conform to the following standards: Figure 18.45.062 Sites Within 300’ of a Major Intersection Standards Formatted: Keep lines together ---PAGE BREAK--- Millcreek Together Code Update I Chapter 18.45 Commercial Zone I v6 11 a. Major intersections are defined where the following streets intersect with one another: Murray- Holladay Rd. 4500 S 3900 S 3300 S 300 W West Temple Main Street State Street 500 East (10) 700 East (11) 900 East (12) 1100 East (13) 1300 East (14) Highland Drive (15) 2000 East (16) 2300 East (17) 2700 East (18) Wasatch Boulevard ---PAGE BREAK--- Millcreek Together Code Update I Chapter 18.45 Commercial Zone I v6 12 b. The build-to-area is measured perpendicularly to the front setback and is ten feet (10’) in depth. Build-to-area may not encroach upon the front yard setbacks established in this Chapter. c. A minimum of 75 percent of the front elevation of the building(s) must be within the build-to-area. 3. Entrances. Commercial and residential entrances to the first floor of commercial and mixed use buildings shall front on the street. On double or triple-frontage lots, entrances are required where the greatest amount of pedestrian traffic is anticipated, but in all cases must front on a street. 4. Vehicle access and parking. a. For sites within Village Centers and 300’ of major intersections: No parking, circulation driveway or drop-off/ pickup areas are permitted between the front of the building and the street. b. For all other locations: A maximum of one parking row, circulation driveway, or drop-off/ pickup areas is permitted between the front of the building and the street. 5. Garbage and Recycling. All development shall be designed to accommodate and efficiently manage the collection, storage, and removal of garbage and recycling per the following standards: a. All developments must provide recycling services. b. All development is required to screen dumpsters and recycling facilities per the standards of this section as well as the landscape standards as set forth in MKZ 19.77 c. No refuse, recycling bin, dumpster or dumpster enclosure structure shall be located closer than 10 feet (10’) to any perimeter property line. d. Enclosures shall be constructed of a solid masonry material and shall include sold steel gates. 6. Utilities. a. Location. All utilities shall be located underground with the exception of existing overhead transmission lines. b. Screening. All utility equipment shall be screened from view as set forth in MKZ 19.XX. c. Permissions. Private water and other in-ground utilities that are privately owned require piping subject to the approval of the utility owner. 7. Perimeter Fencing. Fencing is required for non-residential uses located adjacent to residential zones and mixed-use developments as set forth in MKZ 19.77.050 Landscape Standards, except as follows: Commented [JM1]: Staff question: Are there sites not covered in the major intersection list that need to be added? Could this be eliminated? Commented [JM2]: Name fencing and screening ---PAGE BREAK--- Millcreek Together Code Update I Chapter 18.45 Commercial Zone I v6 13 a. Acceptable fencing materials include architecturally designed brick, stone, or block, or pre-cast concrete. b. Fencing with materials using composite products, wrought iron, wood, or vinyl is permitted if accompanied by a minimum two foot wide, six foot tall brick or stone pillars spaced every ten feet on center. c. Exterior fencing along a public right of way shall be limited to brick, stone, or block, or pre- cast concrete and be setback a minimum of 5 feet from the property line to allow for a landscaping buffer designed in accordance with MKZ 19.77. 18.45.070 Building massing standards A. Development within the C Zone shall meet the following building massing standards: 1. Stepbacks. Buildings greater than 35 feet (35’) in height shall have a minimum 10 foot (10’) stepback between the first or second stories and third story when along Streets, Property Frontages, and Residential Zone Boundaries. Figure 3 Stepback illustration 2. Massing and Façade Articulation. All buildings that are not faced entirely in brick or stone shall be designed to have at least three of the following massing or façade articulation design elements: Commented [JM3]: Staff question: Can we eliminate in favor of fencing standards section? Formatted: Keep lines together Formatted: Keep lines together ---PAGE BREAK--- Millcreek Together Code Update I Chapter 18.45 Commercial Zone I v6 14 Figure 18.45.071 Building Massing Standards Illustration a. Façade articulation. The primary façade plane shall not exceed forty feet (40’) in length without full height articulation. The articulation shall be a minimum of two feet in depth or projection from the primary façade plane and shall be a minimum of five feet in width. b. Change in height. The top of the building shall change in height by at least five feet every thirty feet (30’) of façade length. c. Indentations or recesses. The building shall feature indentations or recesses such as alcoves or arcades at least five feet in depth along the façade at maximum of 75 foot intervals. Such indentations or recesses shall be a minimum of one story in height. d. Terraces. Unless required as a stepback, usable terraces (a larger balcony intended as a private resident leisure space or commercial leisure space) at least 10 feet in depth along the street facing facades. e. Pitched roofs. The primary structure is covered by a pitched roof with a minimum pitch of 3/12. Parapets are not considered to meet this requirement. f. Architecturally integrated trellises. Architecturally integrated trellises shall be attached to the wall and cover at least twenty percent (20%) of a wall and shall project a minimum of 18 inches from the primary façade and have accompanying landscape planting material. g. Stepbacks. Stepbacks shall only meet this requirement if not otherwise required. ---PAGE BREAK--- Millcreek Together Code Update I Chapter 18.45 Commercial Zone I v6 15 3. Measurement of Building Height is measured from the natural grade original ground surface to the highest point of the roof, including firewalls, parapets, skylights, towers, steeples, flagpoles, shade structures, and all other architectural features. 18.45.080 Building Materials Standards A. Development within the C Zone shall meet the following building materials standards: Figure 18.45.081 Building Materials Requirements Illustration 1. Windows. a. Windows shall constitute at least 50 percent of first floor street-facing facades, and windows shall be at least 50 percent transparent. b. On double or triple-frontage lots, living screens may replace up to 50 percent of the window requirement for the façade along the lowest anticipated pedestrian traffic frontage. c. Windows shall constitute at least 25 percent of all upper story street- facing facades. 2. Exterior Materials. a. Exterior materials of a durable or resilient nature such as brick, stone, architectural metal panel, composite materials, or other materials of similar quality, hardiness, and low maintenance characteristics shall be used. Twenty-five year guarantee, architectural shingles and/or other longer lasting roof materials are required. Formatted: Keep lines together ---PAGE BREAK--- Millcreek Together Code Update I Chapter 18.45 Commercial Zone I v6 16 b. Brick or stone may be used for up to one hundred percent (100%) of the building façade, excluding windows. No other single material is allowed to exceed fifty percent (50%) on any facade, excluding windows. Other materials may be considered for soffits, or as an accent or architectural feature. c. Stucco, EIFS, architecturally finished concrete, or architectural metal panel shall comprise no more than 20 percent (20%) of any façade or from an abutting property that is located in an R-1, R-2, R-4, or AG zone (“residential zone”). d. A change of materials is required between the ground story and all upper stories, unless the material is brick or stone. 18.45.090 Design and Use Standards for specific uses. A. The following standards are applicable to the uses specified in addition to the development standards in this Chapter. Should conflicts occur, the more restrictive shall apply. B. Automobile / recreational vehicle sales or rental facilities shall meet the following site requirements: 1. The minimum lot size for such use is 20,000 square feet. 2. The site must contain an office of at least 2,000 square feet. 3. Inventory lot parking shall not be included in the minimum parking requirements. C. Automobile service and repair uses shall meet the following site standards: 1. Bay doors shall not be located on facades facing residential uses or zones. 2. Vehicles awaiting repair or service shall be screened by Landscape Buffer C as set forth in MKZ 19.XX. 3. Vehicle storage areas shall not count toward parking minimum requirements. D. Caretaker Dwelling is only permitted in accordance with the following standards: 1. A caretaker dwelling is only permitted as an ancillary use in association with a primary commercial use. 2. A maximum of one caretaker dwelling is permitted on a given site. 3. The property owner shall record an affidavit stating the caretaker dwelling will not be leased, rented, or sold separately. 4. A caretaker dwelling shall consist of a minimum habitable floor area of 600 square feet and not to exceed a maximum habitable floor area of 1,200 square feet. 5. The caretaker dwelling is subject to the residential use off-street parking requirements Chapter 19.80 of the MKZ. ---PAGE BREAK--- Millcreek Together Code Update I Chapter 18.45 Commercial Zone I v6 17 6. The parking spaces for caretaker dwelling cannot be included in any parking reduction request including shared parking. 7. Home businesses with a customer base visiting the caretaker dwelling shall be prohibited. E. Drive through windows. Drive through windows are considered if they meet the following impact mitigation standards: a. The drive through window is not located on a façade facing a public right-of-way, residential use or zone. b. The drive through window is not located on a façade facing a residential use or zone. c. The speaker box is located a minimum of 150 feet from the nearest property line of a residential use or zone. d. The drive through is not located within a mixed-use site plan. F. Self storage facilities. Self-Storage facilities are prohibited within 300’ of a major intersection and within 1,320’ (1/4 mile) of an established substantially similar business No additional self-storage facilities are permitted on the following locations: 1. on 3300 South 2. on 4500 South, east of 2300 East 3. on 3900 South, east of 2300 East G. Fuel Station Design Standards: 1. Fuel pump islands shall be so located that automobiles stopped for service will not extend over the property line, drive aisles, or otherwise impede circulation of the site or surrounding streets. 2. Fuel pump canopies shall be set back no less than four feet from any required setback. At no point shall a fuel pump be located closer than twenty- four feet (24’) to the nearest property line. 3. Fuel pump stations shall not count toward required parking calculations. H. Hotel Design Standards: 1. Hotels shall have a prominent porte-cochere or portico, incorporating the materials used in the main building. 2. Stucco is prohibited on any façade. 3. Wall openings, such as windows and doors, located in lobbies and other common rooms, shall comprise at least 25% of the front façade. 4. Massing and Façade Articulation for hotels shall have at least five of the façade design elements listed in MKZ 19.04.090 G Building massing standards. 5. Up to two facades may have a maximum building length of 200 feet and all additional facades may have a maximum building length of 150 feet. ---PAGE BREAK--- Millcreek Together Code Update I Chapter 18.45 Commercial Zone I v6 18 6. No more than one row of parking is allowed between a hotel and any street it fronts. 7. Access to guest rooms shall be restricted exclusively to interior corridors, which shall be accessed via the main lobby of the building or individually equipped with some form of security-controlled access system. I. Mixed-Use Development Standards. All mixed-use developments shall meet the following standards: Figure 18.45.091 Mixed Use Standards Illustration 1. Minimum Frontage Requirement. If the mixed-use development includes residential uses, the mixed use site shall have a minimum of 100 feet of frontage along a major collector, minor arterial, or other principal arterial road as identified in the Roadway Functional Classification Map of the Millcreek Transportation Master Plan. 2. Finished Floor Elevation. The finished floor elevation of entrances on a ground floor commercial space fronting a street shall be no lower or higher than two feet from the street elevation, as measured at the edge of asphalt, or top of curb, where a building abuts a public sidewalk. 3. Up to two facades may have a maximum building length of 200 feet and all additional facades may have a maximum building length of 150 feet. 4. Parking. Parking shall meet the requirements as set forth in MKZ 19.80 Parking and Mobility Standards. In addition, the following standards apply: Formatted: Keep lines together ---PAGE BREAK--- Millcreek Together Code Update I Chapter 18.45 Commercial Zone I v6 19 a. Entry Gates Prohibited. Vehicular entry gates are prohibited as part of any mixed-use development containing residential uses unless the gate services a structure or podium. Gates must be situated in a manner that does not pose a traffic hazard due to vehicle queues waiting to enter through the gate. b. Tandem Spaces in Podiums and Structures. Tandem spaces in conjunction with garages may be allowed only for residential uses with a minimum size requirement of 20 feet in length and 9 feet in width per parking space, not to exceed two contiguous spaces for each unit. c. Tandem parking or parking in a private garage or driveway shall not be counted as guest parking or commercial user parking. 5. Minimum Commercial Floor Area Required. Mixed-use developments are required to have commercial uses per the following standards: a. A mixed-use development shall have at least 1,500 square feet of commercial floor area. b. Minimum First Story Height for Ground Floor Commercial Space. Ground stories containing commercial space, including live/work units, shall be at least 12 feet in height. c. Affordable housing is exempt from the minimum commercial floor area requirement. 6. Residential standards. Residential dwelling units in mixed use developments shall follow the standards as set forth in 18.41 Residential Mix (RM) Zone except as follows: a. Open space shall be provided for residential uses in the amount of at least 250 square feet per dwelling unit. 100 square feet per dwelling unit may be private open space, and 150 square feet per dwelling unit must be common open space. b. The required common open space shall be usable land areas that are not occupied by buildings, dwellings, structures, parking areas, streets, public park strips, curbs, gutters, sidewalks, walking paths, driveways, or alleys and shall be accessible by all residents of the mixed-use development. c. Buildings erected for the principal purpose of providing an amenity, or required interior common amenity spaces may be included as open space as set forth in the MKZ 19.XX, (RM Amenities Standards). ---PAGE BREAK--- Millcreek Together Code Update I Chapter 18.45 Commercial Zone I v6 20 d. Said open space may be an area of land or water set aside, or reserved for use by residents of the development, including an expanse of lawn, trees, plants, fully accessible landscaped roof areas, or other natural areas. Drainage basins may not be utilized toward required open space. e. Common open space may be distributed throughout the development and need not be in a single large area. Projects with over twenty dwelling units shall include a single and contiguous landscaped passive open space sufficient for outdoor activity with a minimum area of 5,000 square feet. J. Additional Standards for Vertically-Integrated Mixed Use . A vertically integrated mixed- use building shall consist of commercial uses on the ground story with residential uses or office uses on upper stories and is subject to the following standards: Figure18.45.092 Commercial Space Configurations Diagram 1. Commercial Frontage and Minimum Depth of Ground Story Commercial Space. No less than 50 percent of the building’s front façade shall be occupied by commercial uses. Such commercial uses shall utilize one of the following configurations: a. Commercial spaces with a minimum depth of 30 feet as measured perpendicular to the frontage shall occupy at least 80 percent of a building’s ground floor front façade. b. Commercial spaces with a minimum depth of 40 feet as measured perpendicular to the frontage shall occupy at least 50 percent of a building’s ground floor front façade. Formatted: Keep lines together ---PAGE BREAK--- Millcreek Together Code Update I Chapter 18.45 Commercial Zone I v6 21 c. Commercial spaces that occupy a minimum of two stories and shall have a minimum depth of 30 feet as measured perpendicular to the frontage and shall occupy at least 50 percent of a building’s ground floor front façade. In no event shall the minimum required commercial square footage be less than 3,000 square feet. d. Commercial spaces in a live/work unit shall have a minimum depth of 12 feet as measured perpendicular to the frontage, provided the commercial space in a live/work unit is a minimum of two stories and is not located within 300 feet of a major intersection. 2. Ground Story Use Requirements. The ground floor of a mixed use shall comply with the following requirements: a. Live/Work Units. Live/Work units may be used to meet the requirement for commercial uses, provided that the entire ground floor of the live/work unit meets the design and use criteria listed in this chapter and is operated as an allowable commercial use in this Chapter. Commercial spaces in a live/work unit that are used to calculate the minimum commercial use or frontage requirements provided in this chapter shall not be used for residential purposes, parking, or storage b. Residential Amenities as Commercial Uses. For the purposes of this chapter, leasing offices serving on-site residential and commercial uses, lobbies, required parking, elevators, stairwells and any residential amenity spaces are not considered commercial uses. K. Additional Standards for Mixed Use in a Unified Site Plan. A unified site plan shall consist of separate residential and commercial buildings, some of which may be vertically integrated mixed-use buildings, in a site plan that features consistent approaches to lighting, landscaping, signage, building design, and materials use. ---PAGE BREAK--- Millcreek Together Code Update I Chapter 18.45 Commercial Zone I v6 22 Figure 18.45.093 Unified Site Plan Illustration 1. Commercial buildings in a unified site plan must occupy at least 30 percent of the gross ground story floor area of the unified site plan and shall occupy at least 50 percent of the of the building frontages along a right-of way. Commercial spaces of at least 1,500 square feet in ground floor area must occupy at least 50 percent of the building frontages along a right-of-way. 2. Vertically integrated mixed-use buildings in a unified site plan shall meet the requirements of vertically integrated mixed use buildings and shall abut a public right-of-way. L. Additional Requirements for Commercially Significant Development Sites. A site is determined to be a Commercially Significant Development if any of the following apply: 1. The development site is greater than one acre is area. 2. The development site is located within a Village Center, Retail/Office, or Employment/Commercial Future Land Use Designation on the adopted Millcreek Future Land Use Map 3. The development site is located within 600 feet of the following intersections, as measured as a radius from the nearest property line to the intersection right of way line: a. 4500 South and Highland Drive b. 2000 East and 3300 South c. 900 East and 3300 South 4. Any Mixed-Use Development on a Commercially Significant Development Site shall meet the following requirements: Formatted: Keep lines together ---PAGE BREAK--- Millcreek Together Code Update I Chapter 18.45 Commercial Zone I v6 23 a. The development must include commercial uses for at least 30 percent of the mixed-use development’s gross floor area of buildings adjacent to a street. b. Frontage Requirements. Commercial uses are not required on facades of mixed-use developments that are not located on a street identified in the Millcreek Transportation Master Plan Roadway Functional Classification Map as a Major Collector, a Minor Arterial, or an Other Principal Arterial. c. Live/Work Units. Live/Work units may be used to meet the requirement for commercial uses, provided that the entire ground floor of the live/work unit meets the design and use criteria listed in this chapter and is operated as an allowable commercial use in this Chapter. Commercial spaces in a live/work unit that are used to calculate the minimum commercial use or frontage requirements provided in this chapter shall not be used for residential purposes, parking, or storage. d. Parking and Vehicular Access. In addition to meeting the requirements of MKZ 19.80, Any required residential parking shall be located in an enclosed parking structure, podium, private garage, or carport. 18.45.100 Related Provisions A. For additional information, refer to the Millcreek Code and in particular the following sections: Related Provisions Reference Section Topic MKZ 19.XX Occupancy permit MKZ 19.XX RM Zone Mixed Use standards MKZ 19.XX Landscaping Requirements MKZ 19.XX Parking and Mobility Requirements MKZ 19.XX Signage MKZ 19.XX Fencing MKZ 19.XX Accessory Structures MKZ 19.XX Nonconforming Structures MKZ 19.XX Off site improvements MKZ 19.XX Lighting MKZ 19.XX Height ---PAGE BREAK--- Millcreek Together Code Update I Chapter 18.45 Commercial Zone I v6 24 ---PAGE BREAK--- January, 2024 Millcreek Together Code Update I Residential Mix Zone (RM) V5 1 Residential Mixed (RM) Zone Key Changes General Updates: • Millcreek’s existing RM zone is intended for medium to high density development but has many commercial uses mixed in, so a slight change to the name of zone has been made to reflect the mix of some uses in the district. • Organization adjusted to group site standards, building massing standards, and materials standards accordingly. Use Updates: • Two, three, and four-household dwellings are permitted uses. • Multiple-household developments with fewer than 6 units and are under 32' in height are a permitted use. If over 32’ (up to 45’) the use is conditional. • Uses have been revised to clarify which commercial uses are allowed in tandem with mixed use. • Requires mixed uses for street frontages within 500’ of major intersections. Permits limited commercial uses such as restaurant, retail, and personal services in conjunction with mixed use. Development Standards Updates: • Affordable housing qualifies for a 25% reduction in minimum lot size • Maximum building length standards and a street facing units requirement have been added • Roof decks facing residential zones are prohibited within 100’ of property lines, however terraces located on building stepbacks are permitted. • Location and screening criteria for dumpsters and utilities. • Recreational amenity requirements have been revised to reflect more current features and clarify standards for amenities • Revised site standards to require buildings oriented toward and accessed from the street • Requires ground floor living space for residential uses to activate ground levels. Key Changes since the previous draft: • Revised permitted height to 32’ from 30’ to align with what is permitted in most R-1 zones. • Clarified opaque railing requirements for balconies apply to a 50% coverage • Removed utility placement requirement (will be moved to engineering sections) • Revised façade articulation to include an option for pitched roofs and remove option for trellises. • New graphic to illustrate rooftop patio requirements. • Revised Building materials graphic • Prohibits carports between the building and street. ---PAGE BREAK--- Millcreek Together Code Update I Chapter 18.41 Residential Mix Zone I v6 1 18.41 Residential Mix Zone (RM) 18.41.010 Purpose A. The R-M zone is primarily a residential zone intended to be a transitional zone between low density residential neighborhoods and commercial uses. It primarily accommodates medium to high density residential development/complexes including: duplex, three and four household dwellings, multiple household dwellings, and mixed-use, located generally along major streets. A limited list of non-residential uses may be allowed. This zone is intended to provide residents a comfortable, healthy, safe, and pleasant living environment in a high-quality setting. 18.41.020 Permitted And Conditional Uses A. Uses in the Residential Mix (RM) Zone are as determined by Table 18.41.021 Permitted and Conditional Uses in the Residential Mix (RM) Zone. If a use is not specifically designated in the table then it is prohibited. Table 18.41.021 Permitted and Conditional Uses in the Residential Mix (RM) Zone P= Permitted C= Conditional Use Review Required Land Use RM Limitations / References Residential Uses Dwelling, Two-Household P See standards in Medium Density Zones Dwellings, Three-Household P See standards in Medium Density Zones Dwellings, Four-Household P See standards in Medium Density Zones Dwellings, Multiple-Household up to 32’ building height and 6 units P Mixed-use shall be required for developments located within 500’ of specified intersections. See additional standards below. Dwellings, Multiple-Household over 32’ building height and more than 6 units C Mixed-use shall be required for developments located within 500’ of specified intersections. At least three units shall have primary façade and primary entrance facing the street in developments with more than six units Group Home P Short-term rentals P As set forth in MKC 5.19, Short-term rentals Commercial Uses ---PAGE BREAK--- Millcreek Together Code Update I Chapter 18.41 Residential Mix Zone I v6 2 Table 18.41.021 Permitted and Conditional Uses in the Residential Mix (RM) Zone P= Permitted C= Conditional Use Review Required Land Use RM Limitations / References Banks or Financial Institution C Permitted only within mixed-use. Excludes non- depository institutions, such as check cashing, drive through prohibited Commercial Daycare Center P Gym / Fitness Studio C Permitted only within mixed-use. Personal Service C Permitted only within mixed-use. Preschool C Permitted only within mixed-use. Restaurant C Permitted only within mixed-use. Drive through prohibited Retail C Permitted only within mixed-use. Civic and Institutional Uses Public uses C Quasi-Public Use C Religious Assembly P Miscellaneous Uses Accessory Uses and buildings/structures P As set forth in MKZ 18.53 Accessory Uses, Accessory Buildings and Structures 18.41.030 Permitted Use Incentive for Multi-Household Dwellings and Ownership, Affordable Housing Incentives A. Multi-household dwellings proposed to be constructed at 30’ and lower in height and under 50 units shall be permitted uses. B. All other standards apply, except density limitations are reduced to 1500 square feet per unit. C. When ownership concepts are proposed such as condominiums, the same incentives as described for affordable housing are allowed. ---PAGE BREAK--- Millcreek Together Code Update I Chapter 18.41 Residential Mix Zone I v6 3 18.41.040 Spatial Requirements A. The minimum setbacks, maximum height and lot size requirements are as set forth in Table 19.2.X Setbacks and Lot Size Minimums for Medium Density Residential Zoning Districts. B. Setbacks. 1. For the purposes of this chapter, where setbacks are measured from a right-of- way containing a fully improved sidewalk, setbacks shall be measured from the edge of the sidewalk that is closest to the front facade of the building. 2. Where fifty (50) percent or more of the abutting lot frontage is occupied by a building façade, the front yard setback shall not be less than the average of existing buildings located within three hundred (300) feet on the same side of the street, as measured in both directions from the center point of the frontage to be developed, but a front setback shall never be less than fifteen (15) feet. Figure 18.41.041 Spatial Requirements Diagram Figure 18.41.042 Maximum Building Height Diagram ---PAGE BREAK--- Millcreek Together Code Update I Chapter 18.41 Residential Mix Zone I v6 4 Table 18.41.041 Spatial Regulations for the Residential Mix (RM) Zone Two, Three, and Four- Household Dwellings Multi-household Dwellings– Five or more dwellings in a building Other Permitted Principal Uses Principal Buildings Minimum Lot Area 3,000 sf per dwelling 2,000 sq ft per unit, except affordable units and individually owned units require 1,500 sq ft per unit 20,000 sf Maximum Building Height 32’ 45’ * 45’ * Maximum Lot Coverage 40% 50% 50% Maximum Building Length None 150’ 150’ Minimum Front Yard Setback 20’ 20’ 20’ Minimum Interior Side Yard Setback 10 feet 10 feet 10 feet Minimum Interior Side Yard Setback, where adjacent to R-1, R-2, R-4, or AG Zones 10 feet 25 feet 25 feet ---PAGE BREAK--- Millcreek Together Code Update I Chapter 18.41 Residential Mix Zone I v6 5 Table 18.41.041 Spatial Regulations for the Residential Mix (RM) Zone Two, Three, and Four- Household Dwellings Multi-household Dwellings– Five or more dwellings in a building Other Permitted Principal Uses Minimum Corner Side Yard Setback 20 feet 20 feet 20 feet Minimum Rear Yard Setback 10 feet 20 feet 20 feet Minimum Distance Between Residential Buildings 5 feet 10 feet 10 feet Accessory Buildings Minimum Corner Side Yard Setback 20’ 20’ 20’ Minimum Rear Yard Setback 5’ 5’ 5’ Minimum Rear and Interior Side Yard where adjacent to R-1, R-2, R-4, or AG Zones 10’ 10’ 10’ Minimum Setback from Principal Building 10’ 10’ 10’ Maximum Building Height * 20’. Any accessory structure more than 14’ in height shall be set back an additional foot from the property line for each foot in height over 14’, up to the maximum height of 20’. Maximum Lot Coverage 25% 25% 25% ---PAGE BREAK--- Millcreek Together Code Update I Chapter 18.41 Residential Mix Zone I v6 6 *Height Transition Requirements. Buildings or structures within one hundred feet of a R- 1, R-2, R-4, or AG zone boundary shall not exceed 30’ feet. Height Measurement excludes fire walls, parapets, skylights, towers, steeples, flagpoles, shade structures, and all other architectural features. 18.41.050 Site Design Standards. A. Developments with more than two dwelling units within the RM Zone must meet the following site layout requirements: 1. Street Frontage. Development along any right-of-way must face the street and buildings must be oriented parallel to the right-of-way as much as practical. 2. Building Entrances and ground level living space. a. Functional residential entrances are required on any street-facing façade. b. First floor entrances shall be oriented to common areas using the following hierarchy: Street Courtyard or common open space Auto courts / alley c. First floor entrances shall include a porch of at least 100 square feet and a fence, wall or hedge no taller than 4 feet. Such areas are included in the open space requirement. d. Dwelling units shall have a minimum ground level living space of at least one hundred and fifty (150) square feet with a minimum width of ten feet Garages, utility / laundry rooms, hallways, bathrooms and workshops do not count as living space for this purpose. Figure 18.41.051 Ground Level Living Space Diagram ---PAGE BREAK--- Millcreek Together Code Update I Chapter 18.41 Residential Mix Zone I v6 7 3. Multiple Building Types. When a development consists of multiple building types, each building in the development must comply with maximum building height and building length requirements for the building type, as well as the following requirements: a. Maximum lot coverage: Maximum lot coverage shall not exceed 40 percent. b. Interior Side Yard Setbacks: Minimum interior side yard setbacks shall follow the requirements for multi-household dwellings with five or more units in a building. c. Setbacks between buildings: Where two building types are adjacent to each other in a development, the setbacks between the buildings shall follow the requirements for multi-household dwellings with five or more dwellings in a building. d. Minimum Lot area Per Unit: The minimum lot area for a development with multiple building types shall be the sum of the lot area required for each building type times the number of units of that building type. In no case shall the total area required be less than 2,000 square feet per unit, regardless of building type. 4. Interior Streets and Driveways. The design of public and private streets within a development shall follow Millcreek standards for road widths as established by the Millcreek Transportation Master Plan and the development standards identified in the Standard Plans for Public Works Construction, Title 14. a. Notwithstanding the requirements in MKC Title 14, private streets and driveways serving more than one multi-household dwelling shall have an unobstructed drivable surface of at least twenty-five (25) feet in width. The unobstructed drivable surface shall be increased as required by the local fire authority. b. Notwithstanding the requirements in MKC Title 14, private streets shall be subject to the same inspections and construction standards as required for public streets. c. The City shall be granted a utility easement for the entire interior street system in a development project. d. Where garages face each other, a minimum of twenty-five (25) square feet of landscaping shall be required in the driveway area, between each dwelling unit. 5. Sidewalks. As required elements of a development, interior sidewalks shall be at least five feet wide installed to serve the development and connect to ---PAGE BREAK--- Millcreek Together Code Update I Chapter 18.41 Residential Mix Zone I v6 8 the public street, and shall comply with the Standard Plans for Public Works Construction. 6. Parking and Vehicular Access. Parking for developments in the RM zone shall follow the requirements of MKZ 19.80. Additionally, developments shall comply with the following requirements: a. Parking required for each residential dwelling unit must be in a structure, a podium, a private garage, or a carport. Carports shall be either be located to the back of the building or screened per the Landscape Section b. Parking Location. For residential and mixed-use developments with eight or more dwelling units, parking is allowed between any building façade and the property line along a right-of-way. Such parking shall not encroach on the side or front setbacks. Parking may not encroach into a side or rear yard setback, where abutting a property that is located in an R-1, R-2, R-4, or AG zone. c. Private Garage Requirements. If a private garage is utilized, it must meet the following standards: Two parking space garage: minimum unobstructed size of twenty-two (22) feet wide by twenty (20) feet in length, or twenty (20) feet wide by twenty-two (22) feet in length. Single parking space garage: minimum unobstructed size of ten (10) feet wide by twenty-two (22) feet in length, or eleven (11) feet wide by twenty (20) feet in length. All private garages must have a minimum unobstructed height of seven feet for the entire required length and width of the private garage. Garage doors shall use complementary colors and include windows. Private garage doors and private garages shall not be the only means of access to a dwelling. d. Vehicular Access to Private Garages. Vehicle access serving a private garage shall be at least twenty- six (26) feet in width. Where such drives serve units with opposing garages, landscaping shall be added between units ---PAGE BREAK--- Millcreek Together Code Update I Chapter 18.41 Residential Mix Zone I v6 9 Developments with twenty-five (25) or more units and lot widths of 150’ shall provide a driveway for each garage with a minimum width of twelve (12) feet and minimum unobstructed depth of twenty (20). e. Tandem Spaces in Podiums and Structures. Tandem spaces in conjunction with garages may be allowed only for residential uses with a minimum size requirement of twenty (20) feet in length and ten (10) feet in width per parking space, up to a maximum of two contiguous spaces for unit. f. Vehicular Entry Gates Prohibited. Vehicular entry gates are prohibited as part of any multi-household development unless the gate services a structure or podium. Gates must be situated in a manner that does not pose a traffic hazard due to vehicle queues waiting to enter through the gate. g. Parking is prohibited within required fire access and turnaround facilities. h. Tandem parking or parking in a private garage or driveway shall not be included in any required guest parking calculation. i. Additional standards for Three-Household and Four-Household Buildings: Private or Shared Driveways. No more than two units may share a driveway. No driveway or combined driveway with the adjacent unit shall exceed twenty-four (24) feet in width unless such driveways are separated by a minimum five feet wide irrigated planter that includes at least one shrub and one (10 medium size tree. Driveways located on a street with a right-of-way greater than or equal to sixty-six (66) feet shall prohibit backing out onto the public street. 7. Open Space. Common and private open space shall be provided for residential uses in the amount of at least thirty percent (30%) of the gross site area of the building or development in the RM zone. a. For purposes of this section, gross site area means the total area of the development excluding anything in the public right of way. ---PAGE BREAK--- Millcreek Together Code Update I Chapter 18.41 Residential Mix Zone I v6 10 b. The required common open space shall be usable land areas that are not occupied by buildings, dwellings, structures, parking areas, streets, public park strips, curbs, gutters, sidewalks, walking paths, driveways, or alleys and shall be accessible by all residents of the development. c. The area of a building erected in the RM zone for the principal purpose of providing an amenity or required interior common amenity spaces may be included as open space. Said open space may be an area of land or water set aside, or reserved for use by residents of the development, including an expanse of lawn, trees, plants, fully accessible landscaped roof areas, or other natural areas. d. Individual unit private outdoor open space shall be counted toward the total open space requirement. e. Common open space also includes formal picnic areas, and recreational areas. Common open space may be distributed throughout the development and need not be in a single large area. f. Open space amenities and gathering shall reflect the market that the development is attempting to attract. 8. Fencing. Fencing for developments in the R-M zone shall follow the requirements of MKZ 19.XX. In addition, perimeter fencing is required where any development in the RM zone is adjacent to an R-1, R-2, R-4, or AG zone, and for non-residential uses located adjacent to residential uses and mixed- use developments. a. Acceptable fencing materials include architecturally designed brick, stone, or block, or pre-cast concrete. b. Fencing with materials using composite products, wrought iron, wood, or vinyl may be allowed with a minimum two foot wide, six-foot tall brick or stone pillars spaced every twelve (12) feet on center. c. If exterior fencing is installed along a public right-of-way, materials shall be limited to brick, stone, block, pre-cast concrete, or metal or composite picket, and shall be setback a minimum of five feet from the property line to allow for a landscaping buffer designed in accordance with MKZ 19.XX to soften long expanses of walls. 9. Garbage and Recycling. The development shall be designed to accommodate and efficiently manage the collection, storage, and removal of garbage to minimize detrimental effects of the collection, storage, and removal on any residence within the development and adjacent neighborhoods. ---PAGE BREAK--- Millcreek Together Code Update I Chapter 18.41 Residential Mix Zone I v6 11 a. Collection of garbage and recycling must occur on the property, and not on a public right-of-way. b. Dumpster enclosure structure shall not be located closer than ten feet (10’) to any perimeter property line and shall not be located in between the primary structure(s) and the right-of-way. c. Dumpster and recycling enclosure structures must have a minimum of four sides, including an opaque gate on one side, that reflect or emulate the materials, design, and quality of the overall development. All developments shall provide recycling services. Enclosures and gates must be a minimum of six feet in height and must completely screen the contents within from view. 10. Mechanical Equipment and Utilities. a. All mechanical equipment such as HVAC systems shall be screened from view from the ground level vantage point along an adjacent street or private vehicular access as set forth in Buffer C of MKZ 18.67 b. Utility equipment shall be screened from view as set forth in Buffer C of MKZ 18.67 11. Privacy. Each residential or mixed-use building in the RM zone shall provide adequate visual and acoustical privacy for dwelling units. a. Fences, walks, barriers, landscaping, and sound reducing construction techniques with a maximum transmission of 55 decibels in the walls and ceilings shall be used to enhance the privacy of its occupants, the screening of objectionable views or uses, and the reduction of noise. b. Where balconies or patios are provided for residential buildings, balconies or patio shall have a 50% opaque fence or screen that is at least three feet tall. 12. Rooftop Gardens and Rooftop Patios. For any development adjacent to an R-1, R-2, R-4 or AG zone, rooftop gardens or rooftop patios are prohibited within one hundred (100) feet of a residential zone boundary, unless the rooftop garden, patio or amenity space is not located above the highest occupied floor of a building in the RM zone or is obstructed from view from the zone boundary by at least twenty (20) feet of occupied floor space. ---PAGE BREAK--- Millcreek Together Code Update I Chapter 18.41 Residential Mix Zone I v6 12 Figure 18.041.051 Rooftop Patio Diagram 13. Lighting a. Interior Street and Parking Lot Lighting. Street and pedestrian lighting for streets on the interior of the development is required. The applicant shall submit a lighting plan which indicates the type and location of lights in relation to the development and designed for pedestrian safety. Minimum Average Foot-Candles for interior streets and parking lots shall be 0.3, the fixture height shall not exceed 25 feet, and no poles shall be located within 20 feet of any property line. b. Dark Sky Compliant Lighting Required. All lighting fixtures, including street lights, security lighting, building accent lighting and pedestrian lighting, shall be directed downward, shielded, and include mechanisms to prevent dark sky illumination. c. Yard Lights. An energy efficient LED street-oriented yard light shall be required per street facing façade where public street lighting is inadequate per the following: Maximum height of eight feet Minimum lighting capacity of 0.2 foot candles and/or 500 lumens. Yard lights shall direct the light downward and include cut offs to prevent dark sky illumination. ---PAGE BREAK--- Millcreek Together Code Update I Chapter 18.41 Residential Mix Zone I v6 13 Yard lights shall be located within five feet of the public right of way. 18.41.060 Building Materials and Massing Design Standards. A. Building Massing and Façade Articulation. Buildings with brick or stone comprising 80 percent of all facades, excluding windows and doors, shall be designed to have at least two of the following massing or façade design elements. All other buildings in the RM zone shall be designed to have at least four of the following massing or façade design elements. 1. Visual breaks along the street-facing façade such as horizontal articulation in the plane of the façade by at least 2 feet 2. Change in height at the top of the building by at least 10 feet for every 30 feet of façade length 3. Changes in materials, color, texture or pattern for greater than 50 percent of the building façade 4. Indentations or recesses at least 5 feet in depth along the street facing facades at 50-foot intervals 5. Usable terraces at least 10 feet in depth along the street facing facades (unless required as a step back). Usable terraces must provide either private or common leisure space 6. Pitched roofs. The primary structure is covered by a pitched roof with a minimum pitch of 3/12. Parapets are not considered to meet this requirement 7. Step backs of at least ten feet where not otherwise required on facades facing streets with a 66’ ROW or greater ---PAGE BREAK--- Millcreek Together Code Update I Chapter 18.41 Residential Mix Zone I v6 14 8. Figure 19. 5 Building Massing and Façade Articulation Diagram B. Building Massing and Façade Variation for Developments Containing Multiple Buildings. 1. No more than two adjacent buildings or buildings within 300’ of the development shall exhibit the same or substantially the same architectural design for street facing façades. 2. All buildings in the development shall provide variation in all façades, including but not limited to, the use of materials and relief, to avoid monotonous design. For purposes of this section relief means: foundation jogs over two feet, bay or box windows, cantilevered living areas, recessed garages, pitched roofs versus flat, building length reduced by at least 20%, rooftop terraces where none exist at other locations, functional street facing balconies where none exist at other locations, and/or usable front porches of at least six feet in depth that extend across 40 percent or more of the front façade. 3. At least three units for every 150’ shall have the primary entry along the primary street facing facade. 4. Developments with five or more residential dwelling units must meet one of the following additional standards if structures are greater than thirty feet (30’) in height: a. A ten-foot (10’) step back is utilized between the first or second stories and third story on the façade of any building over thirty feet (30’) in height. The step back must be present on any façade that faces any street, property frontage, and residential zone boundary. ---PAGE BREAK--- Millcreek Together Code Update I Chapter 18.41 Residential Mix Zone I v6 15 b. The building over thirty feet (30’) in heigh incorporates brick or stone on at least eighty (80) percent of all facades, excluding windows and doors. Brick or stone facades supersede the varying materials requirements for upper floors. 18.41.070 Windows. A. Windows or doors shall comprise at least twenty-five (25) percent of each story of any street-facing façade. Buildings on streets with a right-of-way width of 80’ or greater the street facing façade windows shall be increased to thirty (30) percent and include triple pane windows. 18.41.080 Building Materials A. Except for two household building types, exterior materials of a durable, resilient nature shall be used such as brick, stone, stucco, prefinished panel, composite materials, or other materials of similar quality, hardiness, and low maintenance characteristics. Identification of materials are required as part of the submittal. If the City staff questions the proposed materials based on the specified materials in this ordinance, a materials board may be required providing samples of the proposed materials. Materials must meet the following requirements: Figure 19. 6 Building Materials Diagram 1. With the exception of brick or stone, no single material is allowed to exceed 50 percent on any street-facing facade, excluding windows. 2. Other materials may be considered for soffits, gables, or as an accent or architectural feature. 3. Twenty-five-year guarantee, architectural shingles and/or other longer lasting roof materials are required. 4. Stucco, EIFS, architecturally finished concrete, or metal siding shall comprise no more than 20 percent of any façade visible from a street or from an abutting property that is located in an R-1, R-2, R-4, or AG zone. 5. A change of materials is required between the ground story and upper stories. ---PAGE BREAK--- Millcreek Together Code Update I Chapter 18.41 Residential Mix Zone I v6 16 B. Renewable Energy Incentive. Projects with solar power arrays, windmills/turbines, or functional geothermal systems, suitable to generate fifty (50) percent or more of the development’s electrical demand shall be permitted an additional five feet in height and not required to be screened from view. Solar carport rooftops are encouraged. Wind power generators shall have a setback from any property line equal to their height and not exceed a sound level of sixty (60) dB as measured from a point on the ground at least thirty (30) feet from the wind power generator. 18.41.090 Required Features. A. Storage. Each residential dwelling unit for developments with three or more dwelling units shall be required to contain interior storage equal to one hundred (100) cubic feet. B. Washer and Dryer hook-ups. All multi-household residential developments shall include either washer and dryer hook-ups for each dwelling unit or an on - site laundry. C. Balconies or Patios. All Residential units shall have a private outdoor space per the following standards: 1. Developments with 3-4 dwelling units: Each residential unit shall have a private balcony and/or patio with a minimum of sixty (60) square feet with a minimum five foot depth. 2. Developments with five or more dwelling units: Each residential unit shall have a private outdoor balcony and/or patio. Balconies must be a a minimum of sixty (60) square feet. Patios must be a minimum of one hundred (100) square feet with a minimum five foot depth. D. Management. Twenty-four (24)-hour on-site management is required for all residential developments consisting of more than fifty (50) dwelling units. 18.41.100 Design Standards for Non-Residential Buildings. A. Design standards for non- residential buildings in the RM zone shall follow the design requirements found in MKZ 19.XX, Commercial Zone. 18.41.110 Design Standards for Mixed-Use Buildings A. Design standards for mixed-use buildings in the RM zone containing residential uses shall follow the design requirements found in MKZ 19.XX, Commercial Zone. 18.41.120 Recreational Amenities A. For residential developments with 8 or more dwelling units, recreational amenities are required per Table 18.41.121 Required Number of Recreation Facilities. ---PAGE BREAK--- Millcreek Together Code Update I Chapter 18.41 Residential Mix Zone I v6 17 TABLE 18.41.121 Total Number of Bedrooms Total Number of Recreational Facilities 8-50 1 51-150 2 151-225 3 226-300 4 301-400 5 401-500 6 501+ 7 plus 1 additional amenity for each 100 bedrooms above 600. B. Amenities shall be considered per the following criteria: 1. Sport Courts: a. Large sport courts such as basketball, tennis, volleyball or similar shall be regulation size and each court may count as one amenity up to a limit of three b. Small sport courts such as pickleball, handball shuffleboard, horseshoes or similar may count as one amenity for every three courts up to six courts totaling two amenities. 2. Swimming Pools, Hot Tubs, Saunas: a. 1,000 square feet pool surface area plus a cooling deck with a minimum width of ten feet (10’) in all areas may count as one recreational amenity. b. 2,500 square feet pool surface area plus a cooling deck with a minimum width of twenty feet (20’) in all areas may count as two recreational amenities. c. 5,000 square feet pool surface area plus a cooling deck with a minimum width of twenty feet (20’) in all areas may count as three recreational amenities. d. A hot tub or sauna area with a minimum eight person capacity may count as one recreational amenity. 3. Picnic Area. A picnic area may be considered as one recreational amenity, up to a limit of two should it meet all the following criteria: a. The seating area is covered by a pavilion, gazebo, pergola or similar shelter covering a minimum of 500 square feet; ---PAGE BREAK--- Millcreek Together Code Update I Chapter 18.41 Residential Mix Zone I v6 18 b. Tables with seating and /or benches for a minimum of fifteen (15) persons; c. At least one fixed cooking grill is provided; and d. A least one trash receptacle is provided. 4. Dog Park. A dog park may be considered as a recreational amenity if it meets all the following criteria: a. The dog park enclosure is 3,000 square feet minimum; b. The enclosure is fenced by a minimum five foot tall fence meeting the requirements of MKZ 19.X.XX Fencing; c. No point of the enclosure may be less than thirty feet (30’) in width; d. The enclosure shall include a minimum of one dog waste station which shall include a bag dispenser and waste receptacle to be installed along the perimeter of the enclosure for every 3,000 square feet of the associated dog park; and e. One twenty-five (25) square foot animal washing bay with associated plumbing shall be provided in conjunction with the dog park. 5. Community /Amenity Centers may be considered as a recreational amenity should it meet all the following criteria: a. Gym, fitness center and/or weight room may count as one recreational amenity if it is a minimum of 750 square feet and appropriately equipped for fitness activities. b. A game room that is a minimum of 750 square feet and includes at least three dedicating game spaces for activities such as table tennis, billiards, air hockey, or similar may count as one recreational amenity. c. A business center, workshare space, teleconferencing spaces that total a minimum of 500 square feet may count as one recreational amenity. A maximum of one business center may be utilized as an amenity. d. A lounge, movie theatre, or party or similar gathering room that is a minimum of 750 square feet may count as one recreational amenity. 6. Lawn or gathering area for non-organized sports may be considered one recreational amenity as set forth in the following criteria: a. The lawn or gathering area is a minimum of 5,000 square feet and at least sixty feet (60’) wide in all areas. ---PAGE BREAK--- Millcreek Together Code Update I Chapter 18.41 Residential Mix Zone I v6 19 b. Landscaping must be done in a manner that preserves the openness of the area for such activities. c. The lawn or gathering area is not located within drainage storage areas. d. No more than one recreational amenity may be awarded for a lawn or gathering area on a given project. 7. Trails may be considered as recreational amenities as set forth in the following criteria: a. Trails 1,000- 2500 feet in length may count as one recreational amenity. b. Trails over 2,500 feet in length may count as two recreational amenities. c. No more than two amenities may be awarded for trails on a given project. d. Six feet foot minimum width shall be maintained for the entirety of the trail. e. The trail shall features demarcated lanes for non-motorized use such as bicycling, walking, skating, or jogging. f. The trail may or may not be paved, but shall be constructed of a dust- free surface. 8. Playgrounds may be considered as recreational amenities as set forth in the following criteria: a. Active recreational area that is a minimum of 2,500 square feet may count as one recreational amenity. b. No more than two recreational amenities may be awarded for playgrounds on a given project. c. Playgrounds shall feature a variety of facilities, including equipment for younger children. d. When adjacent to any parking area, road, or other hazardous place the playground must be fenced with an open-style fence. 9. Recreational Amenities not listed may be considered by the Director of Planning at the time of site plan submittal. In order to approve of such alternate amenities, the applicant must demonstrate all of the following criteria is met by the proposed amenity: a. The amenity serves a clear recreational function and serves as a clear enhancement to the quality of life for the residents of the development. ---PAGE BREAK--- Millcreek Together Code Update I Chapter 18.41 Residential Mix Zone I v6 20 b. The proposed amenity is of similar or better standards to the amenities provided in this section. c. The amenity is of a permanent nature. d. The proposed amenity will not be of nuisance to residents or neighboring properties. 18.41.130 Related Provisions A. For additional information refer to the zoning ordinance and in particular the following sections Related Provisions Reference Section Topic MKZ 19.76.020 Occupancy permit MKZ 19.76.070 Division of a two-family dwelling MKZ 19.76.100 Sale of space needed to meet requirements MKZ 19.76.140 Private garage or carport—Reduced yards MKZ 19.76.190 Height limitations—Exceptions MKZ 19.76.200 Additional height allowed when MKZ 19.76.020 Occupancy permit MKZ 19.76.070 Division of a two-family dwelling MKZ 19.76.100 Sale of space needed to meet requirements MKZ 19.76.140 Private garage or carport—Reduced yards MKZ 19.76.190 Height limitations—Exceptions MKZ 19.76.200 Additional height allowed when MKZ 19.76.210 Off-site improvements MKZ 19.80.040 Number of spaces required ---PAGE BREAK--- Millcreek Together Code Update I Chapter 18.41 Residential Mix Zone I v4.26 1 18.41 Residential Mix Zone (RM) 18.41.010 Purpose A. The R-M zone is primarily a residential zone intended to be a transitional zone between low density residential neighborhoods and commercial uses. It primarily accommodates medium to high density residential development/complexes including: duplex, three and four household dwellings, multiple household dwellings, and mixed-use, located generally along major streets. A limited list of non-residential uses may be allowed. This zone is intended to provide residents a comfortable, healthy, safe, and pleasant living environment in a high-quality setting. 18.41.020 Permitted And Conditional Uses A. Uses in the Residential Mix (RM) Zone are as determined by Table 18.41.021 Permitted and Conditional Uses in the Residential Mix (RM) Zone. If a use is not specifically designated in the table then it is prohibited. Table 18.41.021 Permitted and Conditional Uses in the Residential Mix (RM) Zone P= Permitted C= Conditional Use Review Required Land Use RM Limitations / References Residential Uses Dwelling, Two-Household P See standards in Medium Density Zones Dwellings, Three-Household P See standards in Medium Density Zones Dwellings, Four-Household P See standards in Medium Density Zones Dwellings, Multiple-Household up to 32’ building height and 6 units P Mixed-use shall be required for developments located within 500’ of specified intersections. See additional standards below. Dwellings, Multiple-Household over 32’ building height and more than 6 units C Mixed-use shall be required for developments located within 500’ of specified intersections. At least three units shall have primary façade and primary entrance facing the street in developments with more than six units Group Home P Short-term rentals P As set forth in MKC 5.19, Short-term rentals Commercial Uses ---PAGE BREAK--- Millcreek Together Code Update I Chapter 18.41 Residential Mix Zone I v4.26 2 Table 18.41.021 Permitted and Conditional Uses in the Residential Mix (RM) Zone P= Permitted C= Conditional Use Review Required Land Use RM Limitations / References Banks or Financial Institution C Permitted only within mixed-use. Excludes non- depository institutions, such as check cashing, drive through prohibited Commercial Daycare Center P Gym / Fitness Studio C Permitted only within mixed-use. Personal Service C Permitted only within mixed-use. Preschool C Permitted only within mixed-use. Restaurant C Permitted only within mixed-use. Drive through prohibited Retail C Permitted only within mixed-use. Civic and Institutional Uses Public uses C Quasi-Public Use C Religious Assembly P Miscellaneous Uses Accessory Uses and buildings/structures P As set forth in MKZ 18.53 Accessory Uses, Accessory Buildings and Structures 18.41.030 Permitted Use Incentive for Multi-Household Dwellings and Ownership, Affordable Housing Incentives A. Multi-household dwellings proposed to be constructed at 30’ and lower in height and under 50 units shall be permitted uses. B. All other standards apply, except density limitations are reduced to 1500 square feet per unit. C. When ownership concepts are proposed such as condominiums, the same incentives as described for affordable housing are allowed. Formatted: Font: Not Italic, Font color: Auto Formatted: Indent: Left: 0.5", Widow/Orphan control, Don't keep lines together ---PAGE BREAK--- Millcreek Together Code Update I Chapter 18.41 Residential Mix Zone I v4.26 3 18.41.040 Spatial Requirements A. The minimum setbacks, maximum height and lot size requirements are as set forth in Table 19.2.X Setbacks and Lot Size Minimums for Medium Density Residential Zoning Districts. B. Setbacks. 1. For the purposes of this chapter, where setbacks are measured from a right-of- way containing a fully improved sidewalk, setbacks shall be measured from the edge of the sidewalk that is closest to the front facade of the building. 2. Where fifty (50) percent or more of the abutting lot frontage is occupied by a building façade, the front yard setback shall not be less than the average of existing buildings located within three hundred (300) feet on the same side of the street, as measured in both directions from the center point of the frontage to be developed, but a front setback shall never be less than fifteen (15) feet. Figure 18.41.041 Spatial Requirements Diagram Figure 18.41.042 Maximum Building Height Diagram ---PAGE BREAK--- Millcreek Together Code Update I Chapter 18.41 Residential Mix Zone I v4.26 4 Table 18.41.041 Spatial Regulations for the Residential Mix (RM) Zone Two, Three, and Four- Household Dwellings Multi-household Dwellings– Five or more dwellings in a building Other Permitted Principal Uses Principal Buildings Minimum Lot Area 3,000 sf per dwelling 2,000 sq ft per unit, except affordable units and individually owned units require 1,500 sq ft per unit 20,000 sf Maximum Building Height 32’ 45’ * 45’ * Maximum Lot Coverage 40% 50% 50% Maximum Building Length None 150’ 150’ Minimum Front Yard Setback 20’ 20’ 20’ Minimum Interior Side Yard Setback 10 feet 10 feet 10 feet Minimum Interior Side Yard Setback, where adjacent to R-1, R-2, R-4, or AG Zones 10 feet 25 feet 25 feet ---PAGE BREAK--- Millcreek Together Code Update I Chapter 18.41 Residential Mix Zone I v4.26 5 Table 18.41.041 Spatial Regulations for the Residential Mix (RM) Zone Two, Three, and Four- Household Dwellings Multi-household Dwellings– Five or more dwellings in a building Other Permitted Principal Uses Minimum Corner Side Yard Setback 20 feet 20 feet 20 feet Minimum Rear Yard Setback 10 feet 20 feet 20 feet Minimum Distance Between Residential Buildings 5 feet 10 feet 10 feet Accessory Buildings Minimum Corner Side Yard Setback 20’ 20’ 20’ Minimum Rear Yard Setback 5’ 5’ 5’ Minimum Rear and Interior Side Yard where adjacent to R-1, R-2, R-4, or AG Zones 10’ 10’ 10’ Minimum Setback from Principal Building 10’ 10’ 10’ Maximum Building Height * 20’. Any accessory structure more than 14’ in height shall be set back an additional foot from the property line for each foot in height over 14’, up to the maximum height of 20’. Maximum Lot Coverage 25% 25% 25% ---PAGE BREAK--- Millcreek Together Code Update I Chapter 18.41 Residential Mix Zone I v4.26 6 *Height Transition Requirements. Buildings or structures within one hundred feet of a R- 1, R-2, R-4, or AG zone boundary shall not exceed 30’ feet. Height Measurement excludes fire walls, parapets, skylights, towers, steeples, flagpoles, shade structures, and all other architectural features. 18.41.050 Site Design Standards. A. Developments with more than two dwelling units within the RM Zone must meet the following site layout requirements: 1. Street Frontage. Development along any right-of-way must face the street and buildings must be oriented parallel to the right-of-way as much as practical. 2. Building Entrances and ground level living space. a. Functional residential entrances are required on any street-facing façade. b. First floor entrances shall be oriented to common areas using the following hierarchy: Street Courtyard or common open space Auto courts / alley c. First floor entrances shall include a porch of at least 100 square feet and a fence, wall or hedge no taller than 4 feet. Such areas are included in the open space requirement. d. Dwelling units shall have a minimum ground level living space of at least one hundred and fifty (150) square feet with a minimum width of ten feet Garages, utility / laundry rooms, hallways, bathrooms and workshops do not count as living space for this purpose. Figure 18.41.051 Ground Level Living Space Diagram ---PAGE BREAK--- Millcreek Together Code Update I Chapter 18.41 Residential Mix Zone I v4.26 7 3. Multiple Building Types. When a development consists of multiple building types, each building in the development must comply with maximum building height and building length requirements for the building type, as well as the following requirements: a. Maximum lot coverage: Maximum lot coverage shall not exceed 40 percent. b. Interior Side Yard Setbacks: Minimum interior side yard setbacks shall follow the requirements for multi-household dwellings with five or more units in a building. c. Setbacks between buildings: Where two building types are adjacent to each other in a development, the setbacks between the buildings shall follow the requirements for multi-household dwellings with five or more dwellings in a building. d. Minimum Lot area Per Unit: The minimum lot area for a development with multiple building types shall be the sum of the lot area required for each building type times the number of units of that building type. In no case shall the total area required be less than 2,000 square feet per unit, regardless of building type. 4. Interior Streets and Driveways. The design of public and private streets within a development shall follow Millcreek standards for road widths as established by the Millcreek Transportation Master Plan and the development standards identified in the Standard Plans for Public Works Construction, Title 14. a. Notwithstanding the requirements in MKC Title 14, private streets and driveways serving more than one multi-household dwelling shall have an unobstructed drivable surface of at least twenty-five (25) feet in width. The unobstructed drivable surface shall be increased as required by the local fire authority. b. Notwithstanding the requirements in MKC Title 14, private streets shall be subject to the same inspections and construction standards as required for public streets. c. The City shall be granted a utility easement for the entire interior street system in a development project. d. Where garages face each other, a minimum of twenty-five (25) square feet of landscaping shall be required in the driveway area, between each dwelling unit. 5. Sidewalks. As required elements of a development, interior sidewalks shall be at least five feet wide installed to serve the development and connect to ---PAGE BREAK--- Millcreek Together Code Update I Chapter 18.41 Residential Mix Zone I v4.26 8 the public street, and shall comply with the Standard Plans for Public Works Construction. 6. Parking and Vehicular Access. Parking for developments in the RM zone shall follow the requirements of MKZ 19.80. Additionally, developments shall comply with the following requirements: a. Parking required for each residential dwelling unit must be in a structure, a podium, a private garage, or a carport. Carports shall be either be located to the back of the building or screened per the Landscape Section b. Parking Location. For residential and mixed-use developments with eight or more dwelling units, parking is allowed between any building façade and the property line along a right-of-way. Such parking shall not encroach on the side or front setbacks. Parking may not encroach into a side or rear yard setback, where abutting a property that is located in an R-1, R-2, R-4, or AG zone. c. Private Garage Requirements. If a private garage is utilized, it must meet the following standards: Two parking space garage: minimum unobstructed size of twenty-two (22) feet wide by twenty (20) feet in length, or twenty (20) feet wide by twenty-two (22) feet in length. Single parking space garage: minimum unobstructed size of ten (10) feet wide by twenty-two (22) feet in length, or eleven (11) feet wide by twenty (20) feet in length. All private garages must have a minimum unobstructed height of seven feet for the entire required length and width of the private garage. Garage doors shall use complementary colors and include windows. Private garage doors and private garages shall not be the only means of access to a dwelling. d. Vehicular Access to Private Garages. Vehicle access serving a private garage shall be at least twenty- six (26) feet in width. Where such drives serve units with opposing garages, landscaping shall be added between units ---PAGE BREAK--- Millcreek Together Code Update I Chapter 18.41 Residential Mix Zone I v4.26 9 Developments with twenty-five (25) or more units and lot widths of 150’ shall provide a driveway for each garage with a minimum width of twelve (12) feet and minimum unobstructed depth of twenty (20). e. Tandem Spaces in Podiums and Structures. Tandem spaces in conjunction with garages may be allowed only for residential uses with a minimum size requirement of twenty (20) feet in length and ten (10) feet in width per parking space, up to a maximum of two contiguous spaces for unit. f. Vehicular Entry Gates Prohibited. Vehicular entry gates are prohibited as part of any multi-household development unless the gate services a structure or podium. Gates must be situated in a manner that does not pose a traffic hazard due to vehicle queues waiting to enter through the gate. g. Parking is prohibited within required fire access and turnaround facilities. h. Tandem parking or parking in a private garage or driveway shall not be included in any required guest parking calculation. i. Additional standards for Three-Household and Four-Household Buildings: Private or Shared Driveways. No more than two units may share a driveway. No driveway or combined driveway with the adjacent unit shall exceed twenty-four (24) feet in width unless such driveways are separated by a minimum five feet wide irrigated planter that includes at least one shrub and one (10 medium size tree. Driveways located on a street with a right-of-way greater than or equal to sixty-six (66) feet shall prohibit backing out onto the public street. 7. Open Space. Common and private open space shall be provided for residential uses in the amount of at least thirty percent (30%) of the gross site area of the building or development in the RM zone. a. For purposes of this section, gross site area means the total area of the development excluding anything in the public right of way. ---PAGE BREAK--- Millcreek Together Code Update I Chapter 18.41 Residential Mix Zone I v4.26 10 b. The required common open space shall be usable land areas that are not occupied by buildings, dwellings, structures, parking areas, streets, public park strips, curbs, gutters, sidewalks, walking paths, driveways, or alleys and shall be accessible by all residents of the development. c. The area of a building erected in the RM zone for the principal purpose of providing an amenity or required interior common amenity spaces may be included as open space. Said open space may be an area of land or water set aside, or reserved for use by residents of the development, including an expanse of lawn, trees, plants, fully accessible landscaped roof areas, or other natural areas. d. Individual unit private outdoor open space shall be counted toward the total open space requirement. e. Common open space also includes formal picnic areas, and recreational areas. Common open space may be distributed throughout the development and need not be in a single large area. f. Open space amenities and gathering shall reflect the market that the development is attempting to attract. 8. Fencing. Fencing for developments in the R-M zone shall follow the requirements of MKZ 19.XX. In addition, perimeter fencing is required where any development in the RM zone is adjacent to an R-1, R-2, R-4, or AG zone, and for non-residential uses located adjacent to residential uses and mixed- use developments. a. Acceptable fencing materials include architecturally designed brick, stone, or block, or pre-cast concrete. b. Fencing with materials using composite products, wrought iron, wood, or vinyl may be allowed with a minimum two foot wide, six-foot tall brick or stone pillars spaced every twelve (12) feet on center. c. If exterior fencing is installed along a public right-of-way, materials shall be limited to brick, stone, block, pre-cast concrete, or metal or composite picket, and shall be setback a minimum of five feet from the property line to allow for a landscaping buffer designed in accordance with MKZ 19.XX to soften long expanses of walls. 9. Garbage and Recycling. The development shall be designed to accommodate and efficiently manage the collection, storage, and removal of garbage to minimize detrimental effects of the collection, storage, and removal on any residence within the development and adjacent neighborhoods. ---PAGE BREAK--- Millcreek Together Code Update I Chapter 18.41 Residential Mix Zone I v4.26 11 a. Collection of garbage and recycling must occur on the property, and not on a public right-of-way. b. Dumpster enclosure structure shall not be located closer than ten feet (10’) to any perimeter property line and shall not be located in between the primary structure(s) and the right-of-way. c. Dumpster and recycling enclosure structures must have a minimum of four sides, including an opaque gate on one side, that reflect or emulate the materials, design, and quality of the overall development. All developments shall provide recycling services. Enclosures and gates must be a minimum of six feet in height and must completely screen the contents within from view. 10. Mechanical Equipment and Utilities. a. All mechanical equipment such as HVAC systems shall be screened from view from the ground level vantage point along an adjacent street or private vehicular access as set forth in Buffer C of MKZ 18.67 b. Utility equipment shall be screened from view as set forth in Buffer C of MKZ 18.67 11. Privacy. Each residential or mixed-use building in the RM zone shall provide adequate visual and acoustical privacy for dwelling units. a. Fences, walks, barriers, landscaping, and sound reducing construction techniques with a maximum transmission of 55 decibels in the walls and ceilings shall be used to enhance the privacy of its occupants, the screening of objectionable views or uses, and the reduction of noise. b. Where balconies or patios are provided for residential buildings, balconies or patio shall have a 50% opaque fence or screen that is at least three feet tall. 12. Rooftop Gardens and Rooftop Patios. For any development adjacent to an R-1, R-2, R-4 or AG zone, rooftop gardens or rooftop patios are prohibited within one hundred (100) feet of a residential zone boundary, unless the rooftop garden, patio or amenity space is not located above the highest occupied floor of a building in the RM zone or is obstructed from view from the zone boundary by at least twenty (20) feet of occupied floor space. ---PAGE BREAK--- Millcreek Together Code Update I Chapter 18.41 Residential Mix Zone I v4.26 12 Figure 18.041.051 Rooftop Patio Diagram 13. Lighting a. Interior Street and Parking Lot Lighting. Street and pedestrian lighting for streets on the interior of the development is required. The applicant shall submit a lighting plan which indicates the type and location of lights in relation to the development and designed for pedestrian safety. Minimum Average Foot-Candles for interior streets and parking lots shall be 0.3, the fixture height shall not exceed 25 feet, and no poles shall be located within 20 feet of any property line. b. Dark Sky Compliant Lighting Required. All lighting fixtures, including street lights, security lighting, building accent lighting and pedestrian lighting, shall be directed downward, shielded, and include mechanisms to prevent dark sky illumination. c. Yard Lights. An energy efficient LED street-oriented yard light shall be required per street facing façade where public street lighting is inadequate per the following: Maximum height of eight feet Minimum lighting capacity of 0.2 foot candles and/or 500 lumens. Yard lights shall direct the light downward and include cut offs to prevent dark sky illumination. ---PAGE BREAK--- Millcreek Together Code Update I Chapter 18.41 Residential Mix Zone I v4.26 13 Yard lights shall be located within five feet of the public right of way. 18.41.060 Building Materials and Massing Design Standards. A. Building Massing and Façade Articulation. Buildings with brick or stone comprising 80 percent of all facades, excluding windows and doors, shall be designed to have at least two of the following massing or façade design elements. All other buildings in the RM zone shall be designed to have at least four of the following massing or façade design elements. 1. Visual breaks along the street-facing façade such as horizontal articulation in the plane of the façade by at least 2 feet 2. Change in height at the top of the building by at least 10 feet for every 30 feet of façade length 3. Changes in materials, color, texture or pattern for greater than 50 percent of the building façade 4. Indentations or recesses at least 5 feet in depth along the street facing facades at 50-foot intervals 5. Usable terraces at least 10 feet in depth along the street facing facades (unless required as a step back). Usable terraces must provide either private or common leisure space 6. Pitched roofs. The primary structure is covered by a pitched roof with a minimum pitch of 3/12. Parapets are not considered to meet this requirement 7. Step backs of at least ten feet where not otherwise required on facades facing streets with a 66’ ROW or greater ---PAGE BREAK--- Millcreek Together Code Update I Chapter 18.41 Residential Mix Zone I v4.26 14 8. Figure 19. 5 Building Massing and Façade Articulation Diagram B. Building Massing and Façade Variation for Developments Containing Multiple Buildings. 1. No more than two adjacent buildings or buildings within 300’ of the development shall exhibit the same or substantially the same architectural design for street facing façades. 2. All buildings in the development shall provide variation in all façades, including but not limited to, the use of materials and relief, to avoid monotonous design. For purposes of this section relief means: foundation jogs over two feet, bay or box windows, cantilevered living areas, recessed garages, pitched roofs versus flat, building length reduced by at least 20%, rooftop terraces where none exist at other locations, functional street facing balconies where none exist at other locations, and/or usable front porches of at least six feet in depth that extend across 40 percent or more of the front façade. 3. At least three units for every 150’ shall have the primary entry along the primary street facing facade. 4. Developments with five or more residential dwelling units must meet one of the following additional standards if structures are greater than thirty feet (30’) in height: a. A ten-foot (10’) step back is utilized between the first or second stories and third story on the façade of any building over thirty feet (30’) in height. The step back must be present on any façade that faces any street, property frontage, and residential zone boundary. ---PAGE BREAK--- Millcreek Together Code Update I Chapter 18.41 Residential Mix Zone I v4.26 15 b. The building over thirty feet (30’) in heigh incorporates brick or stone on at least eighty (80) percent of all facades, excluding windows and doors. Brick or stone facades supersede the varying materials requirements for upper floors. 18.41.070 Windows. A. Windows or doors shall comprise at least twenty-five (25) percent of each story of any street-facing façade. Buildings on streets with a right-of-way width of 80’ or greater the street facing façade windows shall be increased to thirty (30) percent and include triple pane windows. 18.41.080 Building Materials A. Except for two household building types, exterior materials of a durable, resilient nature shall be used such as brick, stone, stucco, prefinished panel, composite materials, or other materials of similar quality, hardiness, and low maintenance characteristics. Identification of materials are required as part of the submittal. If the City staff questions the proposed materials based on the specified materials in this ordinance, a materials board may be required providing samples of the proposed materials. Materials must meet the following requirements: Figure 19. 6 Building Materials Diagram 1. With the exception of brick or stone, no single material is allowed to exceed 50 percent on any street-facing facade, excluding windows. 2. Other materials may be considered for soffits, gables, or as an accent or architectural feature. 3. Twenty-five-year guarantee, architectural shingles and/or other longer lasting roof materials are required. 4. Stucco, EIFS, architecturally finished concrete, or metal siding shall comprise no more than 20 percent of any façade visible from a street or from an abutting property that is located in an R-1, R-2, R-4, or AG zone. 5. A change of materials is required between the ground story and upper stories. ---PAGE BREAK--- Millcreek Together Code Update I Chapter 18.41 Residential Mix Zone I v4.26 16 B. Renewable Energy Incentive. Projects with solar power arrays, windmills/turbines, or functional geothermal systems, suitable to generate fifty (50) percent or more of the development’s electrical demand shall be permitted an additional five feet in height and not required to be screened from view. Solar carport rooftops are encouraged. Wind power generators shall have a setback from any property line equal to their height and not exceed a sound level of sixty (60) dB as measured from a point on the ground at least thirty (30) feet from the wind power generator. 18.41.090 Required Features. A. Storage. Each residential dwelling unit for developments with three or more dwelling units shall be required to contain interior storage equal to one hundred (100) cubic feet. B. Washer and Dryer hook-ups. All multi-household residential developments shall include either washer and dryer hook-ups for each dwelling unit or an on - site laundry. C. Balconies or Patios. All Residential units shall have a private outdoor space per the following standards: 1. Developments with 3-4 dwelling units: Each residential unit shall have a private balcony and/or patio with a minimum of sixty (60) square feet with a minimum five foot depth. 2. Developments with five or more dwelling units: Each residential unit shall have a private outdoor balcony and/or patio. Balconies must be a a minimum of sixty (60) square feet. Patios must be a minimum of one hundred (100) square feet with a minimum five foot depth. D. Management. Twenty-four (24)-hour on-site management is required for all residential developments consisting of more than fifty (50) dwelling units. 18.41.100 Design Standards for Non-Residential Buildings. A. Design standards for non- residential buildings in the RM zone shall follow the design requirements found in MKZ 19.XX, Commercial Zone. 18.41.110 Design Standards for Mixed-Use Buildings A. Design standards for mixed-use buildings in the RM zone containing residential uses shall follow the design requirements found in MKZ 19.XX, Commercial Zone. 18.41.120 Recreational Amenities A. For residential developments with 8 or more dwelling units, recreational amenities are required per Table 18.41.121 Required Number of Recreation Facilities. ---PAGE BREAK--- Millcreek Together Code Update I Chapter 18.41 Residential Mix Zone I v4.26 17 TABLE 18.41.121 Total Number of Bedrooms Total Number of Recreational Facilities 8-50 1 51-150 2 151-225 3 226-300 4 301-400 5 401-500 6 501+ 7 plus 1 additional amenity for each 100 bedrooms above 600. B. Amenities shall be considered per the following criteria: 1. Sport Courts: a. Large sport courts such as basketball, tennis, volleyball or similar shall be regulation size and each court may count as one amenity up to a limit of three b. Small sport courts such as pickleball, handball shuffleboard, horseshoes or similar may count as one amenity for every three courts up to six courts totaling two amenities. 2. Swimming Pools, Hot Tubs, Saunas: a. 1,000 square feet pool surface area plus a cooling deck with a minimum width of ten feet (10’) in all areas may count as one recreational amenity. b. 2,500 square feet pool surface area plus a cooling deck with a minimum width of twenty feet (20’) in all areas may count as two recreational amenities. c. 5,000 square feet pool surface area plus a cooling deck with a minimum width of twenty feet (20’) in all areas may count as three recreational amenities. d. A hot tub or sauna area with a minimum eight person capacity may count as one recreational amenity. 3. Picnic Area. A picnic area may be considered as one recreational amenity, up to a limit of two should it meet all the following criteria: a. The seating area is covered by a pavilion, gazebo, pergola or similar shelter covering a minimum of 500 square feet; ---PAGE BREAK--- Millcreek Together Code Update I Chapter 18.41 Residential Mix Zone I v4.26 18 b. Tables with seating and /or benches for a minimum of fifteen (15) persons; c. At least one fixed cooking grill is provided; and d. A least one trash receptacle is provided. 4. Dog Park. A dog park may be considered as a recreational amenity if it meets all the following criteria: a. The dog park enclosure is 3,000 square feet minimum; b. The enclosure is fenced by a minimum five foot tall fence meeting the requirements of MKZ 19.X.XX Fencing; c. No point of the enclosure may be less than thirty feet (30’) in width; d. The enclosure shall include a minimum of one dog waste station which shall include a bag dispenser and waste receptacle to be installed along the perimeter of the enclosure for every 3,000 square feet of the associated dog park; and e. One twenty-five (25) square foot animal washing bay with associated plumbing shall be provided in conjunction with the dog park. 5. Community /Amenity Centers may be considered as a recreational amenity should it meet all the following criteria: a. Gym, fitness center and/or weight room may count as one recreational amenity if it is a minimum of 750 square feet and appropriately equipped for fitness activities. b. A game room that is a minimum of 750 square feet and includes at least three dedicating game spaces for activities such as table tennis, billiards, air hockey, or similar may count as one recreational amenity. c. A business center, workshare space, teleconferencing spaces that total a minimum of 500 square feet may count as one recreational amenity. A maximum of one business center may be utilized as an amenity. d. A lounge, movie theatre, or party or similar gathering room that is a minimum of 750 square feet may count as one recreational amenity. 6. Lawn or gathering area for non-organized sports may be considered one recreational amenity as set forth in the following criteria: a. The lawn or gathering area is a minimum of 5,000 square feet and at least sixty feet (60’) wide in all areas. ---PAGE BREAK--- Millcreek Together Code Update I Chapter 18.41 Residential Mix Zone I v4.26 19 b. Landscaping must be done in a manner that preserves the openness of the area for such activities. c. The lawn or gathering area is not located within drainage storage areas. d. No more than one recreational amenity may be awarded for a lawn or gathering area on a given project. 7. Trails may be considered as recreational amenities as set forth in the following criteria: a. Trails 1,000- 2500 feet in length may count as one recreational amenity. b. Trails over 2,500 feet in length may count as two recreational amenities. c. No more than two amenities may be awarded for trails on a given project. d. Six feet foot minimum width shall be maintained for the entirety of the trail. e. The trail shall features demarcated lanes for non-motorized use such as bicycling, walking, skating, or jogging. f. The trail may or may not be paved, but shall be constructed of a dust- free surface. 8. Playgrounds may be considered as recreational amenities as set forth in the following criteria: a. Active recreational area that is a minimum of 2,500 square feet may count as one recreational amenity. b. No more than two recreational amenities may be awarded for playgrounds on a given project. c. Playgrounds shall feature a variety of facilities, including equipment for younger children. d. When adjacent to any parking area, road, or other hazardous place the playground must be fenced with an open-style fence. 9. Recreational Amenities not listed may be considered by the Director of Planning at the time of site plan submittal. In order to approve of such alternate amenities, the applicant must demonstrate all of the following criteria is met by the proposed amenity: a. The amenity serves a clear recreational function and serves as a clear enhancement to the quality of life for the residents of the development. ---PAGE BREAK--- Millcreek Together Code Update I Chapter 18.41 Residential Mix Zone I v4.26 20 b. The proposed amenity is of similar or better standards to the amenities provided in this section. c. The amenity is of a permanent nature. d. The proposed amenity will not be of nuisance to residents or neighboring properties. 18.41.130 Related Provisions A. For additional information refer to the zoning ordinance and in particular the following sections Related Provisions Reference Section Topic MKZ 19.76.020 Occupancy permit MKZ 19.76.070 Division of a two-family dwelling MKZ 19.76.100 Sale of space needed to meet requirements MKZ 19.76.140 Private garage or carport—Reduced yards MKZ 19.76.190 Height limitations—Exceptions MKZ 19.76.200 Additional height allowed when MKZ 19.76.020 Occupancy permit MKZ 19.76.070 Division of a two-family dwelling MKZ 19.76.100 Sale of space needed to meet requirements MKZ 19.76.140 Private garage or carport—Reduced yards MKZ 19.76.190 Height limitations—Exceptions MKZ 19.76.200 Additional height allowed when MKZ 19.76.210 Off-site improvements MKZ 19.80.040 Number of spaces required