Full Text
1 Chapter 19.73 – City Center Overlay Zone (CCOZ) Community Council Review Draft – 30 October 2019 19.73.010 – Purpose and Intent The purpose of the City Center Overlay Zone (CCOZ) is to supplement and modify the standards of the existing commercial and multifamily zones to promote the creation of a walkable mixed-use city center for Millcreek. The City Center is located approximately between Highland Drive and 1300 East, and 3000 South and along 3300 South and as particularly set forth on the Map 1 below and the official Millcreek Zoning Map. The CCOZ zone is intended to facilitate development that promotes quality growth, fosters harmonious development and outstanding design, increases property values, and creates new retail, residential, and other commercial opportunities. 19.73.12 Applicability and Use of the CCOZ Any new development, exterior remodeling covering more than 50% of the building, or building expansions exceeding 15% of the gross square footage of the existing building, shall conform to the City Center Overlay Zone. Conformity shall not be required for maintenance, exterior painting, or interior remodeling of a building. New signs or sign replacements shall also comply with the CCOZ. The CCOZ area is composed of three districts – the Neighborhood, the Mill Center, and the Market Place. The CCOZ covers the area shown in the map below: Map 1 – City Center Overlay Zone Boundaries 19.73.15 CCOZ application processing 1. Preapplication conference meeting with representatives from the Community Development Department is required. 2. Application – an application and associated fees, shall be submitted and reviewed by staff for completeness. An incomplete application, that does not address the required CCOZ and ---PAGE BREAK--- 2 other City ordinance required information, as determined by staff, will be returned to the applicant and not be processed until all information required by the City ordinances is provided. The City will provide a list of application requirements. The initial application will generally consist of concept plans with the following minimum requirements: a. The applicant's name, address, telephone number, e mail, and interest in the property. b. The property owner's name, address, e mail, and telephone number, if different than the applicant, and the property owner's signed consent to the filing of the application. c. A property survey, property boundaries, right-of-way center lines, utility access, and recorded easements. The survey shall also include the street address and legal description of the subject property. d. The current zoning classification, zoning district boundaries, and present use of the subject property. e. A conceptual site plan or plans, drawn to scale, including sketches of the types of buildings proposed, floor plans, elevations of proposed buildings, materials, landscaping, parks, plazas, pedestrian pathways, parking, low impact design stormwater techniques to be applied to the site, known faultlines and recommended setbacks, oblique sketches of the project to show any view related issues (Valley and Mountains), and conceptual street cross sections using the requirements of sections 19.73.40 and 19.73.50 of this chapter. f. A written explanation of the project that describes the thematic elements of the project, the place making concepts, one or more signature features, commercial and mixed-use designs (if applicable), potential tenants, its’ relationship to the goals for the City Center and other details that will provide reasons that the development will create a long term benefit to the City and proposed techniques to mitigate any anticipated detrimental effects. h. A preliminary traffic study that defines potential traffic generation, the integration of the new development with the adjacent street corridors, traffic capacity/level of service issues on adjacent roads and intersections, and suggest mitigation solutions for anticipated traffic congestion problems. The traffic study may also address parking demands, if the applicant believes that the standards found in the Parking Chapter are inappropriate. Applicants shall follow the requirements of 19.80.040 to create a parking study. Such studies shall be commissioned by the City and paid for by the applicant. i. Provide letters from all utility companies providing service to the project site describing their ability to serve the project. j. A site-specific geologic hazard study and report, if required by MKC 19.75. k. A summary table showing floor area by use, required parking by use, materials percentages, percentages of doors and windows, residential amenities if required, and open space requirements. ---PAGE BREAK--- 3 l. Other information or documentation the Community Development Department and/or Public Works may deem necessary, as described on the application form, for proper review and analysis of a particular application and its potential detrimental effects. 2. Application processing and review – the initial application and fee, composed of the concept plan information as described above and the conceptual development agreement, shall be reviewed by staff and discussed with the applicant in an internal pre-development review meeting. Subsequent to that meeting, changes may be made to the submittal documents, if needed. Staff will assess the application for its’ compliance with the regulations of this chapter and determine if any potential detrimental effects need mitigation to include the following list of potential issues and standards, that may need to be addressed: 1. Decreased street service levels and/or traffic patterns including the need for street modifications such as dedicated turn lanes, traffic control devices, safety, street widening, curb, gutter and sidewalks, location of ingress/egress, lot surfacing and design of off-street parking and circulation, loading docks, as well as compliance with off-street parking standards. 2. Negative impacts on the adequacy of utility systems, service delivery, and capacities, including the need for such items as relocating, upgrading, providing additional capacity, or preserving existing systems. 3. Negative impacts on connectivity and safety for pedestrians and bicyclists. 4. Detrimental effects by the use due to its nature, including noise that exceeds sound levels normally found in residential areas, environmental impacts, dust, fumes, smoke, odor, noise, vibrations; chemicals, toxins, pathogens, gases, heat, light, electromagnetic disturbances, and radiation. Detrimental effects by the use may include hours of operation and the potential to create an attractive nuisance. 5. Environmental impacts that increase the risk of contamination of or damage to adjacent properties and injury or sickness to people such as waste disposal, fire safety, geologic hazards such as faultlines, soil or slope conditions, liquifaction potential, site grading/topography, storm drainage/flood control, high ground water, environmental health hazards, or wetlands. 6. Modifications to signs and exterior lighting to assure compatibility within the overlay zone. 7. Incompatible designs in terms of use, scale, intensity, height, mass, setbacks, character, construction, solar access, landscaping, fencing, screening, and architectural design and exterior detailing/finishes and colors within the overlay zone in which the use will be located. 8. Reduction in the tax base and property values. 9. Reduction in the current level of economy in governmental expenditures. 10. Insufficient emergency fire service and emergency vehicle access. 11. Reduction in usable public open space 12. Graffiti prevention applications and designs 13. Inadequate maintenance of the property and structures in perpetuity including performance measures, compliance reviews, and monitoring. 3. Proposed buildings with a square footage greater than 50,000 square feet and/or a height greater than 36’ shall be processed as conditional uses. Smaller and lower buildings are considered permitted uses. ---PAGE BREAK--- 4 4. Final Development Plan – this plan submittal, subsequent to any Planning Commission public hearing including an associated fee, is a detailed plan that addresses every section requirement of this ordinance, especially sections 19.73.40 and 19.73.50, in a precise manner. The City will provide a checklist of the information required. Final development plans shall be required to the detail required by the City and shall be processed by staff. Building permit applications may be submitted after appropriate assurances in the form of cash escrow bonds are submitted for the public improvements. 19.73.020 – Permitted and Conditional Uses Permmited uses on any lot in the CCOZ zone shall be the permitted and conditional uses allowed in the C- 2 zone, with the addition of single purpose multi-family dwellings in the Neighborhood District. Uses shall be located within one of the Building Types , see section 19.73.050 (14) e. except for the use limitations as set forth in Section 19.60.030. Proposed buildings with a square footage greater than 50,000 square feet and/or a height greater than 36’ shall be processed as conditional uses. Smaller and lower buildings are considered permitted uses. Such buildings shall be processed using the standards found in this Chapter as well as in Chapter 19.84 Conditional Uses. General Categories of Use by District Neighborhood District - Multi-family, mixed use, neighborhood retail and neighborhood services, office uses(2500 square feet or less), commercial indoor recreation, temporary/seasonal/mobile food businesses Mill Center – mixed use including residential on upper floors, office, retail, service uses, entertainment, civic uses, commercial indoor recreation/entertainment uses, temporary/seasonal/mobile food businesses Market Place – retail commercial use, office, mixed use, commercial indoor recreation, temporary/seasonal/mobile food businesses 19.73.030 – Prohibited Uses and Use Limitations The following uses are prohibited or limited in CCOZ zone: USES LIMITATION Automobile Service Station, car wash and detailing businesses Not allowed Equipment, Car or Truck Rental or storage Not allowed ---PAGE BREAK--- 5 Non-Stealth Telecommunications Facilities. Not allowed. Stealth telecommunication facilities are only allowed on rooftops. Sexually oriented businesses Not allowed subject to MKC 19.91.11 Pawnshop, smoke shops and related products, military surplus, and retail tobacco as the principal use Not allowed Residential Uses are permitted by district and within the building types specified in section 19.73.050 (14), except that mixed use buildings located within 300’ of the NW corner of Highland Drive on 33rd South and the NE corner of 13th East on 33rd South shall contain no more than 25% of the building floor area as residential uses. For the purposes of this chapter, leasing offices, lobbies, required parking, and any required residential amenity spaces are not considered commercial uses. Shall include mixed uses on corners in the Neighborhood District, and 100% residential buildings are not allowed in the Mill Center and Market Place districts Rooftop Gardens Not allowed within 50 feet of a R-1 or R-2 zone boundary in the Neighborhood or Market Place districts. Sale or lease of new or used vehicles of all types, watercraft, mobile homes, travel trailers, campers, and other recreational vehicles, including licensed and non-licensed mobile construction equipment and other non-licensed mobile commercial equipment. Not allowed Secondhand stores including general merchandise, precious metal dealer/processor and/or precious gem dealer. Limited to a maximum of 2,500 square feet Commercial indoor and outdoor self-storage facilities of all types as a principal use, including mini-storage units, neighborhood storage, indoor and temperature controlled storage facilities. Not allowed. Self storage, for residents of the building, as part of and internal to a multi-family or mixed use development is allowed, if located on an upper floor. ---PAGE BREAK--- 6 Tattoo and Other Body Art Businesses Not allowed Short term ("payday", "car" title, check cashing and similar) loan services Not allowed Drive-Through Uses as an Accessory Use Not allowed for restaurant or food or beverage services uses in the Neighborhood district None are allowed to front on the Millcreek Common Street, for all other districts drive-through uses shall conform to the requirements of Section 19.62.050 and other applicable requirements of this Title. Indoor and outdoor gun ranges, both for profit and non-profit Not allowed Manufacturing as a principal use Not allowed, excepting the manufacture of beer and spirits Freestanding fireworks seasonal sales Not allowed. Structured parking, including parking garages and podium parking. Not allowed to face any street unless wrapped with commercial or office uses. Smoke shops and related products Not allowed Sidewalk Dining Allowed on any street except for alleys and woonerfs, to within 5 feet of the curb Restaurant and Retail uses facing Millcreek Common Restaurants and retail are the only uses allowed on the first floor facing Millcreek Common 19.73.040 – Bulk and Yard Regulations The Tables below and Map 2 establish supplemental bulk and yard regulations for all buildings within CCOZ. These regulations modify and/or supersede any conflicting requirements found in the underlying zone. Building Heights - Minimum and maximum heights are described in Map 2 below and in the chart below. Any proposed development that overlaps a defined height line that represents a change in building ---PAGE BREAK--- 7 heights, on the map, shall use the lower standard or may step up the building height as per the map, at that height line. Height Requirements Minimum Maximum East of Highland Drive, north of 33rd South Tan area 12’ 26’ North end of the Neighborhood District and south end of the Market Place Yellow area 12’ 38’ Various areas along Richmond, Highland near 33rd, and along 33rd. This area along Highland Drive is 75’ wide, as measured from the west ROW line as of the adoption date of the ordinance. Yellow Brown area 24’ 50’ Areas along Millcreek Common and 33rd Dark Brown areas 48’ 74’ TABLE 19.73-2 ---PAGE BREAK--- 8 BULK AND YARD REGULATIONS Minimum Building Height Minimum building heights are described in Map 2 above and in this table Maximum Building Height Varies by district – see section 19.73.14 and Note 2 below, and Map 2 above Height exceptions Roof structures for the housing of elevators, stairways, ventilating fans or similar equipment required to operate and maintain the building, and fire or parapet walls, skylights, shade structures (awnings, fabric roof coverings, wood and metal open frame structures, etc.), towers, where required by City ordinances, flagpoles on roofs with a maximum height of 12’, chimneys, stealth wireless or television installations, theater lofts, may be erected above the height limits prescribed in this chapter, but no space above the height limit shall be allowed for the purpose of providing additional habitable floor space. Height Transitions Height transitions are required for buildings within 100 feet of an R-1 or R- 2 zone. See Note 1 and 2. Maximum Lot Coverage 80 percent Minimum Lot Coverage 50 percent Maximum Front Yard 10 feet, subject to the build-to-line (see Note 4) standards established in Section 19.73.050 and (14). The front yard setback is measured from the ROW line, except in the case of a plaza adjacent to the street, where the setback is measured from the edge of the plaza furthest from the street. Off-Street Parking Not allowed between front plane of the building and the curb on the street it fronts. Residential Density No maximum density is established. TABLE 19.73-2: NOTES 1. For any development in CCOZ that is directly abutting an R-1 or R-2 zone, the maximum height for structures within 100 feet of the residential zone boundary shall not exceed 30 feet, as ---PAGE BREAK--- 9 measured from the property line abutting the residential zone. If the residential zone abuts the CCOZ at a property line, the setback is measured from that property line. Buildings may step up after the 100’ transition requirement has been met. 2. For any building over 40 feet in height and for any development on properties fronting on the Millcreek Common Street, 33rd South, Richmond or with frontage on Highland Drive, a twenty- foot stepback of the building façade is required between the first and third story and upper stories. This stepback shall be segmented, such as, a ten foot initial stepback between the first and second floors and then an additional ten foot stepback between the second and third floors or simply a setback of 20 between the first and second floors, that should be utilized as a usable space for residents of the building (See Figure Figure 1 Building Stepbacks and Setbacks 3. For the purposes of this chapter, where setbacks are measured from a right-of-way (ROW) containing a fully improved sidewalk, setbacks from a right of way shall be measured from the edge of the sidewalk that is directly abutting the public right-of-way. 4. Build-to-lines are defined as the line at which construction of a building façade is to occur on a lot, running parallel to the front property line, and ensuring a uniform (or more or less even) building façade line on the street. The flexibility provided in this Chapter is intended to allow for additional sidewalk space and façade variation, for outdoor uses such as restaurants and to promote sidewalk dining. 19.73.050 – Design Standards 1. Objectionable Conditions and Violations of Applicable Law. All uses shall be free from unsafe, unhealthy, objectionable and or unreasonable odor, dust, smoke, emissions, noise, vibration, or similar problems, nor be in violation of any federal, state or local law. 2. Landscaping on Public Right-of-Way. Where a development directly abutts a public right-of- way, the development is required to install the street tree, curb, gutter, and sidewalk, pavement matching, street lights, landscaped planters, and street furniture as per the appropriate street cross section as shown in sub-section 6 below. This landscaping shall not be included any required open space. ---PAGE BREAK--- 10 3. Drive-Through Uses as an Accessory Use. Drive through uses are permitted as an accessory use in CCOZ, except that drive-throughs associated with a restaurant are not allowed in the Mill Center District and the Neighborhood District. Existing restaurants in the Mill Center District continue to be a legal use. Drive through facilities shall include a canopy or roof that is architecturally integrated and attached to the building and that mirrors the roof form of the primary building. Drive through windows are not permitted on facades that face a right-of-way, unless existing site or access conditions prohibit a drive through window on a façade that does not face a right-of-way. In situations where a drive through window is required on a street facing façade, the building shall incorporate a five-foot wide landscaped buffer, either sloped to a 3’ tall retaining wall or a minimum 3’ hedge, between the drive-through lane and the adjacent parking or right-of-way. Figure 2 Drive-Through requirements 4. Requirements for Residential Uses. Requirements for any residential use established in CCOZ shall comply with the requirements established in Chapter 19.44 Multi-Family Residential and Chapter 19.78 Planned Unit Development of the Code, unless modified by this chapter. 5. Street Trees General street tree standards can be found in subsection 9, Landscaping General below. Additionally, to recognize the orchards that once stood in this area: Neighborhood Streets shall be planted with groups of ornamental trees from the following list: • Spring Snow Crabapple, Malus ‘Spring Snow’ • Chanticleer Pear, Pyrus calleryana ‘New Bradford’ • Kwanzan Flowering Cherry (Prunus Serrulata) Highland, Richmond, and 33rd South street trees – wherever possible trees that consume greater CO2 should be planted in expandable grates within the park strip. The London Plane tree “Platanus x acerifolia” or the Sycamore “Platanus occidentalis” is required, except for any medians on Highland where the Japanese Lilac (syringa reticulata) is recommended. 6. Street Types The seven street types identified below are intended to create a specific identity for the City Center District. All public sidewalks shall be colored a consistent tan color with ---PAGE BREAK--- 11 complimentary accent colors at intersections and mid-block crossings. Exact dimensions and requirements will need to be coordinated with Public Works. A. Highland Drive Highland Drive serves as the primary eastern collector through the district. This street section is characterized by narrow travel lanes, dedicated bike lanes, on-street parking (where feasible), generous sidewalks, and curb bulb outs at intersections for traffic calming. The intent is to slow traffic through the district, accommodate all modes of travel and focus on pedestrian connectivity. Requirements Vehicular Zone ROW Width 67’ Travel Lanes 2 Center Turn Lane 1 Lane Width 10.5’ Center Median Permitted mid-block and low turn demand areas Parking Lanes 7.5’ On-street parallel required on each side Bicycle 5’ Dedicated bike lanes each side using green thermoplastic or colored concrete Pedestrian Zone Walkways 10’ min. attached colored concrete sidewalk on each side with complementary enhanced paving at intersections and mid-block pedestrian crossings within ROW, 5’ dedicated by property owner) Street Buffer Trees in grates within the 10’ walkway dimension noted above Furnishings Bike racks, seating, lighting, planters Figure 3 Typical Cross Section for Highland Drive ---PAGE BREAK--- 12 B. Richmond/13th East Boulevard A minimum of two lanes in each direction with a median turning lane, punctuated with landscaped medians in areas not needing left turns, these streets are envisioned as grand boulevards. Requirements Vehicular Zone ROW Width 90’ Travel Lanes 4 Center Turn Lane 1, 12’ Lane Width 12’ Center Median Permitted except at intersections, 12’ Parking Lanes No parking on street Bicycle 5’ Protected bike lanes each side, using green thermoplastic or colored concrete Pedestrian Zone Walkways 5’ min. attached colored concrete sidewalk on each side with complementary enhanced paving at intersections and mid-block pedestrian crossings within ROW, 5’ dedicated by property owner which can be dedicated to Cty or provided through a public pedestrian easement and can encroach on the setback) Street Buffer 5’ park strip xeriscape with large trees Furnishings Bike racks, bus shelters, lighting Figure 4 Typical Cross Section for Richmond/13th East Boulevard C. 33rd South Boulevard This street is controlled by UDOT but plays an important role in the recognition of the City Center and the flow of major volumes of traffic in an east/west direction. To facilitate ---PAGE BREAK--- 13 mobilty with the City Center area, protected bike lanes are recommended to create better connections, between Highland and Richmond streets. Requirements Vehicular Zone ROW Width 96’ Travel Lanes 4 Center Turn Lane 1, 12’ Lane Width 12’ Center Median Permitted except at intersections, 12’ Parking Lanes No parking on street Bicycle 5’ Protected bike lanes each side, using green thermoplastic or colored concrete Pedestrian Zone Walkways 6’ minimum attached colored concrete sidewalk on each side with complementary enhanced paving at intersections and mid-block pedestrian crossings within ROW, 5’ dedicated by property owner which can be dedicated to city or provided through a public pedestrian easement and can encroach on the setback) Street Buffer 6’ park strip xeriscape with large trees Furnishings Bike racks, bus shelters, lighting Figure 5 Typical Cross Section for 33rd South D. Neighborhood Streets Connecting neighborhood streets include all of the streets that run east and west between Highland and Richmond Street/1300 East through the City Center. These ---PAGE BREAK--- 14 streets are characterized by narrower right-of-way widths with similar goals of accommodating all modes of local traffic. Requirements Vehicular Zone ROW Width 61’ to 80’ Travel Lanes 2 Center Turn Lane None Lane Width 12’ Center Median Not permitted Parking Lanes 8.5’ On-street parallel, 18’ for angled head in, or head out on each side, depending on ROW Bicycle Shared with travel lanes Pedestrian Zone Walkways 5’ min. attached sidewalk on each side Street Buffer 5’ min. landscape area with trees Furnishings Bike racks, seating, lighting, planters Figure 6 Typical Cross Section for a Neighborhood Street E. One Way Millcreek Common Street A looped one-way street with diagonal parking on one side, intended for the area surrounding Millcreek Common and creates access to businesses and other uses that will line the street. Requirements Vehicular Zone ROW Width 55’ ---PAGE BREAK--- 15 Travel Lanes 1 Center Turn Lane None Lane Width 16’ Center Median Not permitted Parking Lanes 8.5’ On-street parallel parking, both sides – or angled on the building side Bicycle Shared with travel lanes Pedestrian Zone Walkways 10’ min. outside edge, 5’ inside edge Street Buffer 5’ min. landscape area, with trees Furnishings Bike racks, seating, lighting, planters, sculptures Figure 7 Typical Cross Section for Millcreek Common Street ---PAGE BREAK--- 16 F. Laneway Laneways are to be used as access to parking, rear loaded buildings, loading and delivery areas, services areas for refuse and utilities at the rear of lots, and as connectors for pedestrians. Laneways are intended as a shared vehicular access to the rear of buildings that allows the front façade to remain tied to the pedestrian realm. Requirements Vehicular Zone ROW Width 30’ (one way) Travel Lanes 1 Center Turn Lane None Lane Width 16’ (one way) Center Median Not permitted Parking Lanes Not permitted Bicycle Lane shared Pedestrian Zone - shared Walkways 5’ one side, 4’ other side Street Buffer 5’ with tree grates and trees tied to 5’ walkway, and breakable bollards on 4’ walkway edge Furnishings None Figure 7 Typical Cross Section for a Laneway ---PAGE BREAK--- 17 G. Woonerf A shared street promoting for pedestrian and bicycle use over vehicular use but in an undefined manner. No curbs and weaving vehicular ways, punctuated by landscaped islands, help to create a street that is open for all users but in a very low speed, safe, environment. Requirements Vehicular Zone ROW Width 40’ (two way) Travel Lanes 2 but unmarked other than by pavement distinction Center Turn Lane None Lane Width 10’ Center Median Not permitted Parking Lanes One side and purposefully restricts traffic flow to one lane Bicycle Lane shared Pedestrian Zone - shared Walkways 10’ Street Buffer Regular spaced landscaped islands, with trees Furnishings Seating within the islands Figure 8 Typical Cross Section for a Woonerf 7. Corner Lots Corner lots are deemed to have two front yards. Building corners that face street intersections shall be angled, rounded, setback or otherwise designed to soften the intersection of the perpendicular building facades to ensure vision clearance and create a public space. A corner plaza is required for all street intersections except for internal/mid-block (off of Highland and Richmond) intersections on Neighborhood streets and for laneways and woonerfs. Streets that ---PAGE BREAK--- 18 require a plaza shall design a minimum of 20’ wide 15’ deep usable public plaza space and shall include provisions for shade and protection from inclement weather and seating. For sale art sculpture(s) are encouraged. Figure 9 Corner Plaza 8. Front Yard Setback and Build-to-Line The front yard setback is the build-to-line within 300’ of all public street intersections within the CCOZ boundary. At least 50% of the front elevation of the building(s) must be within 10 feet of the build-to-line, except for the corners specified above. A build-to-line is defined as the line at which construction of a building façade is to occur in a lot, running parallel to the front property, and ensuring a uniform building facade line on the street. 9. Landscaping General Landscaping shall comply with this chapter and MKC 19.77. At a minimum, street trees are required in planting areas or tree grates every 40’, depending on tree type, on center and within 15’ of back of curb. Trees must be 2” minimum caliper canopy type, at least 30’ in height at maturity and maintained with a limb clearance of 8’ above the ground. A Street Tree planting plan is required, which may modify the minimum separation requirement above, depending on the width of the tree canopy at maturity and shall utilize the trees suggested in subsection 5 above. Landscaping along the street shall comply with the requirements of the street cross sections, the suggested tree list, the Street Tree Planting plan, and Chapter 19.77. 10. Garbage and Recycling The development shall be designed to accommodate and efficiently manage the collection, storage, and removal of garbage in harmony with the neighborhood so as to minimize detrimental effects of the collection, storage, and removal on any use within the development or abutting uses. Dumpster enclosures are required. No refuse dumpster or dumpster enclosure structure shall be located closer than 10 feet to any perimeter property line, unless the dumpster or dumpster enclosure structure is located within a parking structure. Enclosure structures must have a minimum of four sides that reflect or emulate the materials, design, and quality of the overall development. All developments shall provide recycling services. 11. Parking General ---PAGE BREAK--- 19 General parking requirements are subject to MKC 19.80.40, except as specified below. Parking requirements may be modified as per 19.80.40. These standards do not include guest parking, which shall be as required in 19.80.40. Requirements Studio apartments 1 per unit 1- or two-bedroom apartments 1.5 per unit 3 or more bedrooms 2 per unit Commercial/retail 3 per 1000 square feet Service uses 3 per 1000 square feet Office (excluding call type centers) 4 per 1000 square feet Bicycle Parking as per Section 19.80.040 with the additional requirement that all such bike racks shall be painted the “blue” used in Millcreek’s logo. 12. Parking On-Street On-street parking, located on the same side of the street in front of the building housing the businesses, in the form of parallel or angled spaces can account for up to two-thirds of the required commercial, retail, or office parking. 13. Parking Off-Street All off-street and structured/garage parking shall be located to the side or rear of the building to preserve street facing facades for transparency and pedestrian activity. Structured parking that faces a street shall be wrapped with commercial or office uses. Surface parking lots are not allowed if visible from the adjacent street. Figure 10 Typical Off-Street Parking Locations 14. Building Design a. Entrances and Windows Entrances to the first floor of buildings shall front on the public street. On double or triple frontage lots, entrances are required where the greatest amount of pedestrian traffic is anticipated. Windows shall constitute at least 50% of first floor street-facing facades, and 25 percent of all upper story facades. Windows shall be at least 50 percent transparent. Interior lighting is required. Street facing windows that are not on the same façade as the main building ---PAGE BREAK--- 20 entrance, may cover the first floor windows with nonadvertising window films using a mountain, mill, orchard or mountain related sports theme. Living screens may replace up to 50% of the window requirement for the lowest anticipated pedestrian traffic frontage. Mirrored windows are not allowed. Any west facing windows above the third story shall be non-relective to prevent glare. Awnings or arcades are required for any buildings facing Millcreek Common Street and on the NW corner of Highland Drive and 33rd South and the NE corner of 13th East and 33rd South. Windows above the first floor shall conform to the following standards: (redraw without the shutter window) b. Building Materials Exterior materials of a durable or resilient nature such as brick, stone, composite materials, or other materials of similar quality, hardiness, and low maintenance characteristics are required. New development in the CCOZ, shall incorporate common, locally found materials such as granite, stone, sandstone, and brick as part of the first floor of each building for at least 50% of the first floor, excluding the windows. For the Mill Center District this requirement increases to a minimum of 75% for the first floor excluding the windows. For all Districts, all stories above the first floor shall incorporate at least 50% of the above specified materials. Stucco and EIFS are prohibited for use as materials on any façade visible from a right-of-way.. Other materials may be considered for soffits, or as accent or unique architectural features. Twenty-five year guarantee, architectural shingles are required for pitched roofs and other longer lasting roof materials for flat roofs are required. c. Building Length and Facades No new building elevation along a public right-of-way may exceed 100 feet in length without at least a 3’ variation in the depth of the façade. No single building shall exceed 300’ in length. A separation of a minimum of ten feet is required, which creates a passageway to interior spaces. Such passageways shall be lighted, provide a safe pedestrian space and include vegetation in boxes every 30’ of depth. As a minimum, provide pedestrian plazas every 250 feet of building length to break up long building façades along public rights-of-way. Top floors shall have architectural differentiation from the other floors in the building and rooflines shall vary every 100’, as a minimum. For first floor uses in the mixed use building type, the appearance of small shops/storefronts with variation in the first floor façade every 30’ is required. All buildings fronting on Millcreek Common Street shall include a permanent or retractable fabric awning, extending a minimum of 10’ from the storefront/façade to provide shade and refuge from inclement weather. Awnings must be cantilevered from the front façade of the building. Such ---PAGE BREAK--- 21 awnings shall be provided in colors that reflect colors incorporated as part of the exterior of the building or the green or blue found in Millcreek’s logo. Only permanent awnings are allowed to meet this requirement on Millcreek Common street Figure 11 Building Façade Variation d. Building Massing and Façade Articulation All buildings shall be designed to have at least three of the following: 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 100 feet of façade length. C. Changes in materials, color, texture or pattern for greater than 50% of the building facade. D. Indentations/recesses at least 10’ in depth along the street facing facades at 100’ intervals. E. Usable terraces (a larger balcony intended as a private resident leisure space) at least 10’ in depth along the street facing facades. F. Covered walkways on south, east or west facing facades on street(s) other than Millcreek Common Street. G. Except for Millcreek Common Street facing buildings, columns or pilasters with a minimum 4-inch horizontal depth from the plane of the façade and spaced at a minimum interval of 50 feet. H. Stepbacks where not required. e. Building Types A. Mixed Use – Intended for a mix of primarily residential with commercial/office or commercial and office uses required to be located on the first floor, and optional above the first floor at or near the front build-to-line with parking to the rear, underground, or podium type. No podium parking is allowed fronting on Millcreek Common Street.This building type may support office, retail, hotel/hospitality or residential uses mixed either vertically or horizontally. For residential units, provide outdoor balconies or patios for 100% of the ---PAGE BREAK--- 22 residential units at a minimum of 6’ deep and 60 square feet each. Provide indoor bike storage or bike lockers. Requirements Front Build-to Zone 0’-10’ Minimum Side Yard Setback 10’ between buildings Minimum Rear Yard Setback 10’ Minimum Height See Map 2 Maximum Height See Map 2 Principal Entrance Location Front or corner side of facade Vehicular Access From alley or rear of building Minimum Transparency 50% on ground floor Required First Floor Uses Office, retail, craftsman industrial or residential (50% must be non-residential use). Any mixed use building that fronts on Millcreek Common Street shall have 100% non-residential uses on the first floor facing that street. Depth of first floor non- residential uses 30’ minimum Upper Story Uses Any permitted use or conditional use Where allowed Corners in the Neighborhood District, the entire Mill Center, and the entire Market Place Storefront Width Not to exceed 30 feet ---PAGE BREAK--- 23 B. Office/Commercial/Civic mixed use – Minimum 2-story building that mixes uses with the primary use of office, retail, civic or commercial use. Requirements Front Build-to Zone 0’-15’ Minimum Side Yard Setback 10’ between buildings Minimum Rear Yard Setback 10’ Minimum Height See Map 2 Maximum Height See Map 2 Principal Entrance Location Front or corner side of facade Vehicular Access From alley or rear or within the building Minimum Transparency 50% on ground floor Ground Story Uses Office, Retail, Civic, or Commercial Depth of first floor uses 30’ minimum depth Upper Story Uses May vary Where allowed Mill Center, Market Place C. Multi-family – Generally characterized by a multistory building that contains residential uses internal to the structure with parking to the rear, in a separate structure or podium style below the building. Parking structures shall include one 220 volt electric vehicle charging station for every ten stalls. Provide outdoor balconies or patios for 100% of the units at a minimum of 6’ deep and 60 square feet each. Provide indoor bike storage or bike lockers. Requirements Front Build-to Zone 0’-15’ Minimum Side Yard Setback 0’ per unit, 10’ between buildings Minimum Rear Yard Setback 5’ Minimum Height See Map 2 Maximum Height See Map 2 ---PAGE BREAK--- 24 Principal Entrance Location Front or corner side of facade Vehicular Access From alley or rear of building Minimum Transparency 40% for ground floor and 15% for other floors Ground Story Uses For buildings located on corners; office, residential or live/work units, retail, personal services, or residential (50% of the street facing front facades must be non-residential use) Upper Story Uses Residential or parking only Where allowed Neighborhood District D. Townhome –Typically comprised of horizontally attached multi-story units in a rowhouse configuration. This building type can include live/work units. Parking and private garages shall be to the rear of the building allowing the primary façade to front a public street or public greenspace. Provide outdoor balconies or patios for 100% of the units at a minimum of 6’ deep and 60 square feet each. Where private garages are proposed, they shall be wired for at least one 220 volt line for electrical vehicle charging. Requirements Front Build-to Zone 0’-15’ Minimum Side Yard Setback 0’ per unit, 10’ between buildings Minimum Rear Yard Setback 5’ Minimum Height 2 stories Maximum Height 3 stories Principal Entrance Location Front or corner side of facade Vehicular Access From alley or rear of building Minimum Transparency 15% Ground Story Uses Residential or live/work units Upper Story Uses Residential only Where allowed Neighborhood District E. Adaptive Reuse – There are several existing buildings within the CCOZ that could be reworked into a new use. The following general requirements are required: • If the character of the existing building is deemed historic or historically significant due to its age or displays a unique architectural style or unique features, as determined by the Zoning Administrator, then reconstruction should attempt to retain as much of that character as possible. • Windows shall address the street frontage and encompass at least 50% of the first story building facades if structurally feasible. • Parking shall be located (or relocated) to the rear of the building. ---PAGE BREAK--- 25 F. Commercial single purpose buildings – Buildings with the primary use being commercial use. Requirements Front Build-to Zone 0’-15’ Minimum Side Yard Setback 10’ between buildings Minimum Rear Yard Setback 10’ Minimum Height See Map 2 Maximum Height See Map 2 Principal Entrance Location Front or corner side of facade Vehicular Access From alley or rear of building Minimum Transparency 50% on ground floor Ground Story Uses Commercial Upper Story Uses Commercial Where allowed Mill Center, Market Place, 14. Open Space and Plazas For all development that includes residential uses, the open space requirement is 15% . This open space requirement shall be fulfilled through rooftops, terraces for general resident use, plazas and pocket parks. The required common open space shall be for general use by the residents of the building and/or the public, and be usable land areas that are not occupied by buildings, dwellings, structures, parking areas, streets, public park strips, curb-gutter-sidewalk, driveways, or alleys and shall be accessible by all residents of the development. For the purposes of this chapter, gross site area is defined as the total area of the development excluding anything in the public right of way. For development or redevelopment involving sites that are one acre in size or greater, at least 40 percent of required open space must be in the form of a plaza that is located at the front, corner or side of the building, and open and accessible to the public at all times. The following requirements must be met: • At least 80% of the plaza’s perimeter that does not front on vehicular right-of- way shall be lined by building frontages. • Fully enclosed permanent structures are not permitted. ---PAGE BREAK--- 26 • Playgrounds are not permitted. • Minimum pervious surface = 40% • Maximum pervious surface = 80% • Must include seating, shade structures, and one tree caliper minimum) per 800 sf of plaza area • Special features such as fountains and for sale public art installations are encouraged. Active features should be incorporated into the plaza. Figure 11 Typical Plaza 15. Pocket Parks Residential development involving sites 2 acres in size or greater shall include a pocket park that fronts on or is easily accessible from a public street, open and accessible to the public at all times, and meets the following requirements: • Minimum size = 2,500 square feet • Maximum size = 20,000 square feet • Include some form of child play structure • Must include seating, shade structures, turf, hard surfaces, and one tree caliper minimum) per 800 sf of park area Figure 12 Pocket Park ---PAGE BREAK--- 27 ---PAGE BREAK--- 28 16. Rooftop Patios and Gardens Shall include a minimum of 25% of the entire rooftop space covered with trees to provide shade. This 25% is defined using the canopy of the tree at maturity. Seating, tables, outdoor gas bar-b-ques, solar cells (see #23), and shade structures are required. Grow boxes are encouraged. Private roof top park space is encouraged to take advantage of the mountain and valley views. 17. On-site open space/park substitution – in-lieu substitutions The open space/park requirement maybe modified through potential substitutions for any development that faces the Millcreek Common. Such substitutions are intended to enhance with features or acquire land or improve land that is destined to become part of the “Millcreek Common”. The Millcreek Common is the signature open space in the City Center and is a benefit to all development in the City Center. In-lieu substitutions are encouraged for the benefit of the City Center by application to the Community Development Director, under the following circumstances: 1. In-lieu substitutions of land: are intended to fulfill the requirements for open/park space may be allowed when it can be factually established by a qualified land appraiser, that the substituted land is at least equal to or greater in value than the associated development property, as if it were to be fully developed as proposed. The City will determine with the developer the actual property to be appraised, both in the proposed development and in the “Millcreek Common”. The City will select and employ through a contract, an appraiser. The cost of the appraisal shall be born by the developer, through reimbursement to the City. New appraisals will not be required if recent (within one year) information is readily available. 2. Cash in-lieu: the City may determine that in certain situations, accepting cash as an in-lieu substitution, where it can be shown that acceptance of those funds, is more effective in acquiring open space/park land within the City Center. Cash in-lieu payments shall not be accepted without a qualified appraisal process as per above. The City shall be obligated, in a timely manner, to use the in-lieu funds within the City Center for land purchases or open space and park related improvements. 3. Any land which has been dedicated, set aside, platted, or otherwise approved as open space, may not be substituted or used for any purpose other than those allowed by this chapter. 4. In-lieu substitutions shall be reviewed by the Community Development Director, through an application, however, final approval of the in-lieu substitution rests with the City Council. Such approvals shall occur prior to issuance of a Final Site Plan approval or a building permit. 18. Perimeter Fencing To ensure maximum pedestrian connectivity, fencing between parcels is not required. No fencing of any kind will be allowed along the Richmond, 33rd, Highland and Millcreek Common Street frontage. Privacy and/or security fencing is only allowed to screen utility, or vehicle service areas from public right-of-way. Fencing along a Neighborhood street frontage is permitted to define front porches and can consist of wrought iron/similar materials, wood or composites. Vinyl is prohibited as a fencing material. a minimum of 50% open at a max height of 42”. Fences may incorporate a max 18” high stone, brick wall at the base. ---PAGE BREAK--- 29 19. Private Outdoor Lighting and Outdoor Dining Lighting for streets and parking lots on the interior of the development is required. All lighting fixtures shall be directed downward with mechanisms to prevent dark sky illumination. The applicant shall submit a plan which indicates the type and location of lights in relation to the development and designed for pedestrian/vehicular safety. Pedestrian lighting may include bollards and all lighting shall follow established themes described in subsection 21 below. Minimum average foot-candles for interior streets shall be 0.3 and the fixture height shall not exceed 25 feet. Such fixtures shall be located a minimum of 10’ from the public right-of-way. All parking luminaries, except those required for security, must be extinguished one hour after the end of business hours. Outdoor seating and dining may be partially or fully covered to extend the outdoor dining experience through the spring and fall months. Outdoor patio heaters and misters are permitted. Restaurant tables and chairs may be movable or permanent and should be reflected on the site plan. If alcohol is served, the restaurant will need to provide signage and decorative fencing per the health department code. Fencing materials shall be wrought iron (or a similar facsimile). 20. Access Between Uses Vehicular and pedestrian access is required between uses that does not force vehicles out to the adjacent streets. 21. Signs Signs are limited to low profile monument signs, wall signs, projecting signs with a minimum of 8 feet clearance above the ground, and temporary A-frame signs. Size, location, and number limitations are defined in MKC 19.82. 22. Street Lighting Figure 13 All street lights located on 33rd South, Richmond, and Highland Drive, shall incorporate (insert type) luminaire (Figure 13) atop a 14’ pole. The light shall be low intensity, shielded from uses on adjoining lots, and directed away from abutting properties, yet lighting the street and adjacent walkway. All lighting shall incorporate full cut-off fixtures to minimize light pollution and be dark sky compliant. All lighting on Neighborhood streets and Millcreek Common Street shall utilize the street light shown in Figure 14. Figure 14 All lighting on Laneways and Woonerfs shall use downward directed sconce styles for wall lighting and lit bollards along the street, as shown in Figure 15. Figure 15 23. Solar Rooftops, HVACs, and Charging Stations Rooftops may be used as garden type open space, and/or passive recreation space but shall incorporate solar panels for power generation. 50% of the entire rooftop space shall be covered with solar panels. ---PAGE BREAK--- 30 All Heating, Ventilating, and Air Conditioning equipment (HVAC) shall be recessed by at least 10’ from the exterior edge of the building. Such equipment shall be enclosed such that it is not readily recognizable as HVAC equipment. For multi-family buildings, one electric vehicle 220 volt charging station is required for every 10 units. For mixed use, office, and commercial buildings, two charging stations per floor are required in the parking areas. Charging stations may be located in interior parking garages. 24. Rooftop Cell Service Towers and Overhead Utility Lines All existing overhead lines shall be located underground as part of any new development in the CCOZ. No new development shall exhibit any above ground utility or communication lines. Rooftop telecommunication equipment is only allowed as a “stealth” installation. Such facilities shall appear to be an integrated part of the building. 19.73.060 – General Standards of Applicability 1. The use and development of property within CCOZ is also subject to other applicable chapters in the zoning ordinance and the specific regulations of the underlying zone except where specific regulations are provided in this chapter, including but not limited to applicable health and safety codes, building codes, and engineering standards. 2. Standards in other chapters may apply. In the event there is language elsewhere in Title 19 of this code that conflicts with language in this chapter, the more restrictive standard prevails.