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HomeMy WebLinkAboutOrdinance 25189-11-2021 ORDINANCE NO. 25189-11-2021 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF FORT WORTH, BEING ORDINANCE NO. 21563, AS AMENDED, CODIFIED AS APPENDIX "A" OF THE CODE OF THE CITY OF FORT WORTH, BY AMENDING ARTICLE 13 "FORM BASED DISTRICTS", OF CHAPTER 4, "DISTRICT REGULATIONS" TO AMEND SECTIONS 4.1300 "LOW INTENSITY MIXED-USE ("MU-1") DISTRICT" AND 4.1302 HIGH INTENSITY MIXED-USE ("MU-2") DISTRICT IN THEIR ENTIRETY TO REVISE CERTAIN DEVELOPMENT STANDARDS; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Comprehensive Plan designates mixed-use growth centers to encourage development of compact, pedestrian-scaled, mixed-use neighborhoods and commercial centers; and WHEREAS, in 2001 the Development Services Department formed a Mixed-Use Zoning Advisory Group (MUZAG), consisting of consisting of representatives from pertinent City commissions, development community, neighborhood associations, design professionals, and other interested parties to guide the creation of a mixed-use zoning classification; and WHEREAS, on March 20, 2001 the City Council adopted Ordinance No. 14556 to add the "Low Intensity Mixed-Use ("MU-1") and "High Intensity Mixed-Use ("MU-2") zoning districts to address the need for denser residential developments to support and complement rail transit and to support commercial uses compatible with central city neighborhoods or urban mixed- use districts; and WHEREAS, the mixed-use districts have been amended every few years since their initial adoptions when staff has reconvened MUZAG to address issues, topics and best practices for mixed use districts; and WHEREAS, City staff convened MUZAG again in 2019 to address issues and topics identified by staff, developers, and neighborhood groups related to the Mixed-Use and Urban Residential zoning districts; and Sec.4.1300 and 4.1302 Mixed-Use 2021 Ordinance No.25 1 89-1 1-2021 Page 1 of 3 WHEREAS, MUZAG reviewed and provided recommendations for the Mixed-Use Districts which address development principles and development standards; and WHEREAS, the Zoning Commission, and the Urban Design Commission conducted public hearings on the proposed amendments and recommended approval; and WHEREAS, it is recommended that the City Council adopt an amendment to the Zoning Ordinance to revise the Mixed-Use district standards; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH,TEXAS SECTION 1. Chapter 4 "District Regulations" of Ordinance No. 21653, the Zoning Ordinance of the City of Fort Worth, is hereby amended to revise Article 13, "Form Based Districts"to revise in its entirety Sections 4.1300"Low Intensity Mixed-Use"MU-1"District"and 4.1302 "High Intensity Mixed-Use "MU-2" District" to provide revised development standards, the text of which shall read as set forth in Exhibits"A" and"B", attached hereto and incorporated herein. SECTION 2. This ordinance shall be cumulative of all provisions of ordinances and of the Code of the City of Fort Worth, Texas (2015), as amended, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances and such Code,in which event conflicting provisions of such ordinances and such Code are hereby repealed. SECTION 3. It is hereby declared to be the intention of the City Council that the sections,paragraphs,sentences, clauses and phrases of this ordinance are severable,and,if any phrase, clause, sentence,paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences,paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence,paragraph or section. Sec.4.1300 and 4.1302 Mixed-Use 2021 Ordinance No.25189-11-2021 Page 2 of 3 SECTION 4. Any person,firm, or corporation,who violates,disobeys,omits,neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation exists shall constitute a separate offense. SECTION 5. All rights and remedies of the City of Fort Worth, Texas, are expressly saved as to any and all violations of the provisions of Ordinances No. 3011, 13896, 21653 and any other ordinances affecting zoning which have accrued at the time of the effective date of this ordinance, and, as to such accrued violations and all pending litigation,both civil and criminal,whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION 6. The City Secretary of the City of Fort Worth, Texas, is hereby directed to publish the caption, penalty clause and effective date of this ordinance for two (2) days in the official newspaper of the City of Fort Worth, Texas, as authorized by Section 52.013, Texas Local Government Code. SECTION 7. All other provisions of the Zoning Ordinance of the City of Fort Worth not herein amended shall remain in full force and effect. SECTION 8. This ordinance shall take effect upon adoption and publication as required by law. APPROVED AS TO FORM AND LEGALITY: Melinda Ramos, Sr. Assistant City Attorney Ronald P. Gonzales, Acting City Secretary ADOPTED: November 9, 2021 VOR7- EFFECTIVE: IL" ate• I U= t= .lEXP►S Sec.4.1300 and 4.1302 Mixed-Use 2021 Ordinance No.25189-11-2021 Page 3 of 3 EXHIBITA LOW INTENSITY MIXED-USE (MU-1) CHAPTER 4.1300 DISTRICT REGULATIONS Table of Contents 4.13000) Purpose and Intent 3 4.1300(b) Review Procedures for Development 4 4.1300(b)(1) General Re uirements 4 4.1300(b)(2) General Waivers or Modifications 4 4.1300(b)(3) Conceptual Land Use Plan 5 4.1300(b)(4) Proximity Test 6 4.1300(c) Uses 4.1300(d) Property Development Standards _ _ _ _ 9 _ 4.1300(d)(1) General Yard Development Standards 9 4.1300(d)(2) Setbacks 9 4.1300(d)(3) Minimum Height Single-Use 10 4.1300(d)(4) Maximum Height General 10 4.1300(d)(5) Maximum Height Single-Use 10 4.1300(d)(6) Minimum Residential Units Per Acre 10 4.1300(d)(7) Maximum Residential Units Per Acre 10 4.1300(d)(8) Height Bonus Options 10 4.1300(d)(9) A plic-ahilit y 13 4.1300(e) Off-Street Parking and Loads _ 4.1300(e)(1) Commercial and Mixed-Use Parking 14 4.1300(e)(2) Residential Parking 14 4.1300(e)(3) Other Off-Street Parking and Loading Standards _ 15 4.1300(e)(3)e. Maximum Surface Parking Lot Frontage 16 4.1300(e)(4) Parking Location for Two-Family Dwellings 16 4.1300(e)(5) Parking Location for One-Family Attached (Townhouse,Rowhouse) 16 Bic clr, Parkin 4.1300(f) Buffers,Landscaping,andTWstrian Lighting 17 4.1300(f)(1) Bufferyard and Supplemental Building Setback _ 17 4.1300(f)(2) Enhanced Landscaping and Pedestrian Lighting 18 4.1300(f)(3) Landscaping in Parking and Driveway Areas 19 4_1300(Q(4) Urban Fnrest.r„ 20 4.1300(g) Facade Design Standards 4.1300(g)(1) Parking Structure Facades 21 4.1300(g)(2) Facade Variation _ _ 22 4.1300(g)(3) Fenestration 23 4.1300(g)(4) Building Materials 24 4,1300 5 Building Entries 25 Other Development Standards 4.1300(h)(1) Signs 26 4.1300(h)(2) Fences,Gates,and Walls 26 4.1300(h)(3) Service Areas Screening 27 4.1300(h)(4) Mechanical Equipment Screening 28 4.1300(h)(5) Privately Owned Streets and Drives with Public Access Easements 28 4.1300(h)(6) Drive-In Business 28 2 NOVEMBER2021 CHAPTER 4.1300 DISTRICT REGULATIONS 4,1300 Low Intensity Mixed-Use (MU-1) District (a) Purpose and Intent It is the purpose and intent of the Low Intensity Mixed-Use(MU-1) District to provide areas in which a variety of housing types exist among neighborhood-serving commercial and institutional uses.The MU-1 District is designed to accommodate and encourage compact,walkable development forms that are more land-efficient,cost-effective,and revenue positive for the City than low density,single-use developments. In addition to the purpose statements above,the intent of the MU-1 District is to: (1) Promote a pedestrian-oriented urban form. In contrast to conventional zoning standards that place a primary emphasis on the regulation of land uses,mixed-use development standards and guidelines focus on promoting a walkable,urban form of development,consistent with the surrounding areas historic urban development patterns.The focus on form promotes buildings that conform to tested urban design principles. (2) Require excellence in design of the public realm and of buildings that front public spaces.The most successful and memorable urban environments are those in which walking down the street is appealing. Streets,plazas,parks,and other public spaces should be comfortable and inviting,and buildings fronting those spaces should be active and visually interesting at the pedestrian level. (3) Encourage creativity,architectural diversity,and exceptional design. Mixed-use is intended to promote high quality design,and the development review process for mixed-use projects is intended to promote flexibility.Standards,as well as the development review process,are intended to support creativity and exceptional design while discouraging uniformity. (4) Promote sustainable development that minimizes negative impacts on natural resources.Creating walkable,higher density residential districts surrounding mixed-use districts supports sustainable development by providing an alternative to low density development in peripheral areas. In accordance with sustainable development principles,the mixed-use buildings and public spaces should be designed to minimize negative impacts on air and water quality and promote innovation in environmental design. (5) Promote walkability.Walkable communities are desirable places to live,work,and play.Walkable communities give higher priority to pedestrian activity by creating streetscapes that are safe,comfortable, interesting,and that accommodate a wide range of transportation modes and users.To foster walkability, development patterns should promote a mix of land uses and density,have an emphasis on the placement and orientation of buildings, have properly placed parking,place a high value on the design of quality streetscapes,provide access to transit,and provide unimpeded pedestrian connections to multiple destinations and open space. (6) Maximize connectivity and access. In order for people to feel comfortable walking,pedestrian access and connectivity among uses and amenities,including transit facilities,is essential.Connectivity and access can be accomplished by creating smaller blocks or by providing access through blocks via publicly accessible alleys,pathways,paseos,and pedestrian boulevards.Sidewalks should form a continuous network connected by frequent,safe street crossing. (7) Promote affordable housing and mixed income communities. Design a mix of housing based on geographic growth projections and the needs of current and future residents to accommodate families, single occupants,the elderly and those with disabilities.Access to transportation and services should be a key factor in the future distribution and allocation of affordable housing. NOVEMBER 2021 3 CHAPTER 4.1300 DISTRICT REGULATIONS (b) Review Procedures for Development (1) General Requirements: Projects should conform to all mixed-use standards.Staff may also refer an administrative case or a case that does not require waivers to the UDC for failure to meet the Purpose and Intent of the ordinance. (2) General rule allowing waiver or modification of standards: a. Director or designee:The Director or designee is authorized to grant modifications to certain development standards with a maximum modification up to 10%increase or decrease for the following development standards: 1. Setbacks for additions to existing structures 2. Bufferyard width 3. Primary entrance separation 4. Fenestration b. Urban Design Commission: Unless otherwise limited by this section,the Urban Design Commission (U DC),may waive or modify any individual development standards through the issuance of a Certificate of Appropriateness,if the UDC finds that the proposed development is consistent with the intent statements of the MU-1 District but does not conform to certain development standards. A Certificate of Appropriateness shall expire if a building permit is not received within 2 years of the approval of the Certificate of Appropriateness. c. Board of Adjustment:Any waiver of basic property development related to building heights,setbacks and bulk require a variance to the Board of Adjustment after a recommendation from the Urban Design Commission. d. Zoning Commission/City Council:Any zoning proposal requesting a Planned Development"PD" zoning district that uses the MU-1 District as the base zoning,inclusive of anywaivers from MU-1 design standards, must receive a recommendation from the Urban Design Commission prior to a public hearing by the Zoning Commission or the City Council. 4 NOVEMBER 2021 CHAPTER 4.1300 DISTRICT REGULATIONS (3) Conceptual Land Use Plan To facilitate compliance with the MU-1 District regulations,a conceptual land use plan must be submitted to the Director of designee for review and approval prior to submitting permit applications.The conceptual land use plan must include the following: a. The anticipated location of proposed streets,sidewalks and walkways,building footprints,parking areas,landscaped areas and features,and open space.A change of 5%or greater in land uses to an approved conceptual land use plan will require a new project review and approval prior to permitting. b. The conceptual land use plan shall illustrate the proposed location of land uses on the site,using the following land use categories: 1. All Residential (single-family,one-or-two-family attached,multi-family,etc.) Leasing offices in multifamily developments shall count towards residential use calculations. 2. Commercial/Industrial 3. Institutional/Dedicated Public Parks(e.g.hospitals,schools,churches,government buildings, dedicated public parks and the likes) 4. Mixed-use buildings(a mix of residential and non-residential within the same building,meeting the percentage requirements defined in Section(d)(7)a. c. Parking facilities and private open spaces shall be classified the same as the primary land use they serve. Conceptual Land Use Plan Example Cafk/ C Retail - J. RetB R£tail 4 1,, Grocery/ Retail k -Seni f. �o ,LfiV1 `. o NOVEMBER 2021 5 CHAPTER4.1300 DISTRICT REGULATIONS (4) Proximity Test Developments that are 90%or greater residential uses must perform a proximity test to ensure a mix of uses in the surrounding area.No development that comprises 90%or greater residential uses shall be permitted unless the Director,determines one of the following: a. The residential land use category within a 1,320-foot radius of the proposed project site boundary, shall not occupy greater than 70 percent(%)of the total land area.The proposed development shall be included in the calculation of this percentage.The land use area percentages shall be based on the current land uses and calculated using land use information obtained from the applicable tax appraisal district,site visits,or property research;or b. There are demonstratable unique site conditions(e.g.adjacency to natural features,freight yards, etc.)make compliance with the conditions of section i.above impractical in certain areas of the development site. Hypothetical Proximity Test Example: Proximity Test Project= 100%residenital Land uses within 1,320 ft.radius Commercial/Industrial =34.1% Institutional/Public Parks=3.6% FF Mixed-Use Building=7.6% Residential (project included)_ 54.6% Residential Land Use= 54.6%< 70% Development Passes P.Al Land Use Legend Commercial = Institutional Mixed-Use Building Residential 6 NOVEMBER2021 CHAPTER 4.1300 DISTRICT REGULATIONS (c) Uses In the MU-1 District,no building or land use shall be used and no building shall be hereafter erected, reconstructed,altered or enlarged,nor shall a Certificate of Occupancy be issued,except in accordance with the use table in Chapter 4,Article 12,and the supplemental standards of Chapter S. Residential, commercial,and institutional uses may occupy the same building lot. (1) Building Types The following non-exhaustive list of conceptual building illustrations demonstrate the recommended building forms for the MU-1 District.Additional building types and configurations that comply with the intent and regulations of the M U-1 district are encouraged.All intent statements are addressed through development standards set out in Section 4.1300(d)through (h). OP 1 1 N a. General Commercial b. Mixed-Use Shopfront A development type with nonresidential A development type with ground-story retail uses.Ground story spaces are flexible and upper-story residential and/or office enough to accommodate a variety of uses.. nonresidential uses.Upper stories are used for offices and/or other types of compatible nonresidential uses. Vtll I� c. Apartment/Condominium Multifamily residential development type that often shares a common entrance. Primary entrances are prominent and street-facing.An elevated ground floor for residential uses is recommended to improve privacy.Parking for an apartment/condominium building is allowed on the side or rear of the building, but the preferred method is at the rear of the building or within a parking structure.A townhouse form shall be considered an apartment/condominium when the homes are on one platted lot and not on individually platted lots with ground floor separate entrances to each unit. NOVEMBER 2021 7 CHAPTER 4.1300 DISTRICT REGULATIONS 3 I d. One-Family Attached(Townhouse) A two-or three-story building with two or more attached dwelling units consolidated into a single structure and platted into individual lots.An elevated ground floor for residential uses is recommended to improve privacy.A townhouse form is regarded as an apartment/condominium when on one platted lot and not individually platted lots with ground floor separate entrances to each unit. N� e. Manor House f. Two-Family Attached(Duplex) A building that has the appearance of a A building with two dwelling units on an conventional single-family dwelling with individual lot separated by a shared common three to five attached dwelling units wall.Dwelling units within a building may be consolidated in a single structure.Dwelling situated either wholly or partially over or units within a building may be situated either under other dwelling units. wholly or partially over or under other dwelling units. 8 NOVEMBER 2021 CHAPTER 4.1300 DISTRICT REGULATIONS (d)Development Standards on each block face within the development contains buildings within the maximum (1) General yard development standards: setback of 20 feet. Interior buildings setback Development shall be exempt from Chapter 6, farther than 20 feet may not be constructed Article 1,Section 6.101(b),6.101(c),6.101(d),and 6.101(f). until the 50 percent(%)requirement has been satisfied. (2) Setbacks:The chart below represents the Note:A campus development is defined as minimum and maximum setbacks for buildings a unified group of buildings and/or facilities and structures within a MU-1 District. located on a contiguous parcel and operated REQUIREMENT as a place of worship,school,or hospital. (3) Minimum Height Single-Use:One(1)story at a © Primary Street(min/max) 0'/20' minimum of 18 feet total as measured from the top of the finished slab at grade level to the top of © Side Street(min/max) 0'/20' the highest wall facade. © Rear Yard (min) 5' Top of Facade O 'Common Lot Line(min) 0' 1 story, 'Subject to building code spacing requirements min.18 feet 7 Slab at Grade i Note:Development in the MU- 1 District is exempt from§6.100.An unroofed and unenclosed roof top terrace,and the enclosed stairwell or elevator that strictly provides access to the terrace,shall not be included in the measurement of the total building height. Refer to§§ 5.136 and 5.137 Telecommunication a. Buildings on corner lots shall not exceed the Antenna and Towers. maximum front yard setback on primary and a. For sloped sites,average grade is determined side streets. by calculating the average of the highest b. Buildings may exceed the maximum 20- and lowest elevation along natural or foot setback if angled,perpendicular,or the improved grade(whichever is more parallel parking on private property meets restrictive)along the front of the building the conditions of Section (e)(3)a. In these parallel to the primary street setback line. situations,the front yard setback shall be measured from the curb instead of the property line,and the setback shall be no Building Height greater than 20 feet. c. Campus Developments: Interior Highest Average Elevation of Highest buildings constructed as part of a campus &Lowest development may be set back from the — — — —— — Elevations property line more than 20 feet if at least 50 percent(%)of the public street frontage Frontof Building NOVEMBER 2021 9 CHAPTER 4.1300 DISTRICT REGULATIONS b. Where a lot of slopes downward from (6) Minimum Residential Units Per Acre: None, the front property line,one story that is except when a residential mixed-use project is additional to the specified maximum number located within 1,320 feet of an entrance to an of stories may be built on the lower rear existing or approved passenger rail station or portion of the lot. stop:20. (7) Maximum Residential Units Per Acre MAXIMUM BUILDING HEIGHT MAXIMUM UNITS PER • USE Primary = Street 1 a 3 stories,single use with surface 40 units/acre parking Ground Floor 0 2 Elevation -- a 3 stories,single use with structure parking 50 units/acre (4) Maximum Height General 4 stories,single use,with height Ip ,� bonus(structured parking or open 60 units/ache• R ' space) BUILDING HEIGHT IN FEET Ground Floor 20 feet 4 stories,single use,with height bonuses(structured parking and 70 units/acre Additional Floors Above 15 feet per floor open space) Ground Floor 5 stories,single use,with height Apartment/Condominiums 20 feet bonuses(structured parking and 70 units/acre Top Floor open space) (5) Maximum Height Single-Use:Three(3)stories 5 stories,mixed-use 80 units/acre as measured from the top of the finished slab (8) Height Bonus Options at grade level to the top of the highest wall top plate. Height bonuses can be utilized cumulatively Top of Facade but shall not allow for heights beyond the established 5 story maximum.When adjacent to a one-or-two family district,all height bonuses Wall Top Plate must adhere to the transitional height plane story requirements,see Section(f)(1)d. a. Mixed-Use Building:A maximum of five(5) 3 stories 2 story stories provided that; 1. Residential uses account for no less than 20%of a building's gross floor area,and; 2. Office,eating and entertainment,and/or 1 story retail sales and service use account for Slab at no less than 10%of the building's gross Grade floor area. 3. Live/work units may count toward the mixed-use requirement however,only the commercial square footage and its 10 NOVEMBER 2021 CHAPTER 4.1300 DISTRICT REGULATIONS required restroom space of the unit Note:Utilizing the open space height bonus shall count toward the calculation.All does not exempt a development from live/work units require a commercial applicable park dedication fees. certificate of occupancy(CO). 1. Use Criteria (i) Not exceed 3,000 square feet. (i) Pocket parks must provide a (ii) Maintain between 10%and 50% community benefit such as:play commercial space. activity for children,relaxing spaces (iii) Not exceed 5 onsite employees who to enjoy lunch or meet friends, do not live in the unit. interactive artwork,pet-friendly areas,or small event and garden (iv) Maintain adjacency between space. commercial and exterior entry. } _ 2. Location Commercial(ie: 1 jA~ jAisj t` (i) Pocket parks must front public work)square-------> —`- streets and be publicly accessible. footage can be ( _ counted. Note:Refer to Section(h)(5),Development 7 Standards Applicable to Privately Owned r— Streets and Drives with Public Access O Easements. �AL� Public Street Residential(ie:live)square of footage does not count L 0000 b. Structured Parking:The intent of allowin a O a height bonus of structured parking is to locate and design surface parking lots, individual garages,and large parkinggarag�s Public street so as to reduce their visual impact or to p ( g. through Pocket Park Fronting Public Streets create public amenities or both e. , aesthetic or environmental features). 3. Size 1. One(1)additional story of height shall be (i) 2,500 square feet minimum permitted if providing structured parking (ii) 1 acre maximum for the project.Structured parking is intended to provide 100%of all off- 4. Green Space street parking for the height bonus. (i) Pocket parks shall provide a 2. One-and-two family residential garages minimum of 20 percent(%)ground shall not be included in a determination level green space.Additional ground of the applicability of the structured area may be impervious provided the parking height bonus. space is structured for recreation, including,but not limited to sculpture c. Open Space: One(1)additional story of gardens,basketball courts,or tennis height shall be permitted if providing a courts. publicly accessible pocket park that adheres to the following standards. NOVEMBER 2021 11 CHAPTER 4.1300 DISTRICT REGULATIONS (ii) All pocket parks require trees* I ' planting.Tree planting requirementh �` •t may be waived for areas that are 41 _ designed for structured recreation. -3_ 5. Seating (i) A minimum of one linear foot of x seating shall be required for every 300 square feet of gross open space. 6. Fencing (i) Fencing for pocket parks must conform to Section (h)(2)and must ,�`• _ remain open to the public during , daylight hours. � - 7. Maintenance (i) Pocket parks that are privately owned and maintained must be publicly accessible or; (ii) Must be dedicated in perpetuity as public open space through the recording of a public use easement and have an established long-term Pocket Park Precedent Images:Recreation/Play Space maintenance agreement with the Park and Recreation Department. �" r a 4 a Pocket Park Precedent Images.Seating/Socializing Space 12 NOVEMBER2021 CHAPTER 4.1300 DISTRICT REGULATIONS (9) Applicability Where existing buildings are affected by a rezoning to a Mixed-Use district,certain MU-1 standards will apply to subsequent or redevelopment of the building,depending on the extent of the improvement. The following table describes changes in intensity based on the uses as defined by the Institute of Traffic Engineers(ITE)trip generation and changes that increase the structure footprint or usable area.Usable area includes a change of use of any outdoor area from what was not a usable,occupiable area prior to the change. Required if existing Required if existing Required if existing Sidewalk sidewalks are substandard sidewalks are substandard sidewalks are substandard as determined byTPW as determined byTPW as determined byTPW Enhanced Does Not Apply;Street Applies;Street Trees shall Applies;Street Trees shall Landscaping Trees shall be installed if be installed as part of the be installed as part of the not existing total points if not existing total points if not existing Setbacks Does Not Apply Applies in new footprint Applies in new footprint Applies in new footprint Applies in new footprint Fenestration Does Not Apply or any areas of the or any areas of the existing building being existing building being modified modified Entrances Does Not Apply Applies in new footprint Applies in new footprint Urban Does Not Apply unless Applies in new footprint Applies in new footprint Forestry new or expanded parking in-cluding any new or ex- in-cluding any new or ex- lots are provided panded parking lots panded parking lots NOVEMBER 2021 13 CHAPTER4.1300 DISTRICT REGULATIONS (e) Off-Street Parking and Loading (1) Commercial and Mixed-Use Parking LOCATION MINIMUM MAXIMUM" hL Project not located within 250 feet of a one-or- None* 100 percent(%) two family zoned property Project located within 250 feet of a one-or-two 75 percent(%) 100 percent(%) family zoned property Project located within 1,320 feet of an existing 50 percent(%) 100 percent(%) or approved passenger rail station or stop *Residential uses as part of a mixed-use building shall provide required parking as listed in the residential parking table **For mixed-use buildings and projects,the maximum parking requirement shall be the sum of the individual requirements for all uses. (2) Residential Parking PROXIMITY TO RAIL STATION REQUIREMENT IF THE DEVELOPMENT USE FEET OF A RAIL TRANSIT • Townhouse 2 spaces per dwelling unit. 1 space per dwelling unit. See Section(e)(5)for location requirements. See section(e)(5)for location requirements. 2 spaces per dwelling unit;Plus,1 space 1 space per dwelling unit;Plus,1 space Duplex and Manor per bedroom over three(3)bedrooms per per bedroom over three(3)bedrooms per House dwelling unit. dwelling unit. (2+units) See Section(e)(4)for location requirements for See Section(e)(4)for location requirements for duplexes. duplexes. Apartment/ *0.75 to 1 space required per bedroom; *0.5 to 1 space required per bedroom;Plus,2 Condominium Plus,2 spaces per 500 square feet of leasing spaces 500 square feet of leasing office and/ office and/or social rooms. or social rooms. *All partial spaces are rounded up. 14 NOVEMBER2021 CHAPTER 4.1300 DISTRICT REGULATIONS (3) Other Off-Street Parking and Loading Surface parking between the building front and the street Standards Note:These requirements supersede the parking ■ ' requirements of Section 6.201(b).All other requirements of Chapter 6,Article 2 apply. lid f a. Surface parking shall not be permitted between a building front and the street, priijQ 5tite�` provided however,angled,perpendicular,or �St�eet 5,a� parallel parking that is designed to function as on-street parking shall be permitted if it parking that functions as on-street or is located behind or to the side of the meets the following three conditions: building. 1. The City's Traffic Engineer determines that the parking does not adversely affect public safety or circulation and satisfies the conditions described in Section 22-175d of the City Code, 2. Each parking space is located adjacent to and is directly accessible from a public Ar. yeti street or publicly accessible private �Qrys� �,a�5tic street,and ✓ PPS 3. Surface parking permitted between a building front and the street(on-street allowed for all individual uses sharing the parking)and the required pedestrian facility. walkway shall be either dedicated as 2. There must be two or more uses on the public right-of-way or be included in a same site,or on separate sites that are public access easement recorded in the able to share the same parking spaces real property records of the county.The because their parking demands occur at front yard setback shall be measured different times. from the curb instead of the property 3. The following documentation must line,and the setback shall be no greater be submitted in writing as part of the than 20 feet. building permit application or site plan b. The required off-street parking for any use review: may be located off-site,on property within (i) The names and addresses of the uses 500 feet of the subject site. and of the owners or tenants that are c. Adjacent on-street parking may be applied sharing the parking; toward the minimum parking requirements only when it is located completely out of the (ii) The location and number of parking travel lanes,provided;however,this shall spaces that are being shared; not reduce the pertinent maximum parking (iii) An analysis showing that the peak limitations. parking demands for the different d. Joint use parking facilities may be used to uses occur at different times,andthat the parking area will supply meet minimum parking requirements in at least the minimum number of accordance with the following: required spaces for each use during 1. The total number of spaces shall not its respective peak parking times; exceed the sum of the maximum spaces and, NOVEMBER 2021 15 CHAPTER4.1300 DISTRICT REGULATIONS (iv) A legal instrument such as an (ii) 70%of the development site's total easement or deed restriction that frontage length along a project's side guarantees access to the joint streets. parking for all uses. 2. Parking lot frontage measurements shall e. Uses located in historically significant include the combined frontage length buildings shall be exempt from off-street of any paved and/or drivable surface parking requirements pursuant to Section that functions as part of a parking lot's 6.201(b)(3).For the purpose of this circulation,such as—but not limited to— exemption,historically significant buildings drive aisles and parking spaces. shall include those determined by the (4) Parking Location for Two-Family Dwellings Historic Preservation Officer to be eligible, based on the applicable criteria,for: a. All parking shall be located behind the front 1. Listing in the National Register of building line. b. Historic Places;or Garage doors that face the street must be located a minimum of 20 feet behind 2. Local designation as either Historic and any front wall plane of a structure facing a Cultural Landmark CHC")or Highly publicly accessible ROW. Significant Endangered ("HSE"). f Maximum Surface Parking Lot Frontage Intent:The intent of enforcing a maximum surface parking lot frontage is to establish a prominent and continuous street wall that promotes a multimodal,pedestrian-friendly O environment while reducing the visual 0 dominance and negative pedestrian impacts of large,street-facing surface parking lots. 20'Min 1. The percentage of parking lot frontage along any street shall not exceed the (5) Parking Location for One-Family Attached following maximums: (Townhouse,Rowhouse) (i) 40%of the development site's total a. Garages must be placed entirely to the frontage length along a project's rear of the primary structure and accessed primary streets,and through the use of a rear driveway or alley. Maximum Surface Parking Lot Frontage along Primary and Side Street b. Garage doors must face the rear driveway or Frontages � alley. Setback Area �\ a a 13 �•� i�Q�yh�zo, Ov�L \ (6) Bicycle Parking: Must comply with Section 6.204 of the Zoning Ordinance. 16 NOVEMBER 2021 CHAPTER 4.1300 DISTRICT REGULATIONS (f) Buffers, Landscaping,and Pedestrian Lighting (1) Bufferyard and Supplemental Building Setback a. For the purpose of this section,the MU-1 District shall be considered a nonresidential district. b. When building a two-unit attached dwelling(duplex)within the MU-1 District,a bufferyard and supplemental setback is not required when adjacent to a one-or-two family district. No supplemental setback or bufferyard required 400 I 11111 111 ----------------------------- - --------------- ---------------.----------- --- ---------= One-or-Two Family District MU-1 Two-Unit Attached(Duplex) c. All uses within the M U-1 district adjacent to a one-or two-family district,other than the uses listed in item b.above,must conform to the supplemental building setback and bufferyard width standards required for the Neighborhood Commercial ("E") District,as described in Section 6.300(c)Area Requirements.See Section 6.300(d)through(i)for bufferyard requirements. d. All uses within the MU-1 district adjacent to a one-or two-family district must use a transitional height plane of 45 degrees to portions of a building above 3 stories or 45 feet,whichever is less starting from the property line of the one-or-two-family district. 1. Any portion of a building 3 stories must be set back so that the building does not encroach beyond the transitional height plane. 2. These supplemental building setbacks and transitional height plane requirements shall not apply to buildings adjacent to one-or-two-family districts that serve as public open space,such as parks and drainage ways. Transitional height plane 45° , 5 stories maximum ♦ for ♦ 3 stories or 45 feet,whichever is less Property Linep�♦ 5'Bufferyard — — — One-or-Two Family District 20'min. MU-1 Development Supp. Setback NOVEMBER 2021 17 CHAPTER 4.1300 DISTRICT REGULATIONS (2) Enhanced Landscaping and Pedestrian 4. If there are no street trees existing on Lighting:Street trees and pedestrian-scaled the project's block face,then spacing lighting are required along all public rights-of- is measured from the end of the block way in the MU-1 district,see subsection(h)(5). beginning 40 feet from the curb Adherence to the landscape ordinance 6.301 is intersection to accommodate public open encouraged,except as here-in provided. space easement requirements. a. The Director,or their designee,may c. Pedestrian-Scaled Lighting administratively approve any modifications 1. New public and private development to streetscape requirements caused by must provide pedestrian lights within the mature trees,utility conflicts,fire hydrants, roadside's street tree/furniture zone. shallow underground utilities,curb cuts or any other obvious impediment,which could I prevent the planting of a tree. I b. Street Trees _ 1. 1. Trees must be planted within a planting strip or flush with the sidewalk — T"rrr. I surface using tree grates as follows: IqW I i I (i) Tree grates must be adjustable to , allow for tree growth and securely _ attached.Inner rings must be easily removed with an Allen wrench. I (ii) Tree grate openings shall not exceed I 3/8 of an inch. Tree& I I 2. Exceptions: I (i) In the event that infrastructure I prevents the use of at-grade planting,a raised planter or crushed I stone may be used if approved by the �r Director or designee. (ii) Other techniques to provide the street trees will be considered Af on a case-by-case basis and may �' be approved by the Director or their designee,or the Director or designee may send the matter to the Urban Design Commission for consideration and decision. 3. Spacing: CANO.YSIZE •SPACING - - Small/Medium Canopy 25-30ft. - Large Canopy 35-40 ft. Precedent Images:Street Trees and Pedestrian-Scaled Lighting Spacing Example 18 NOVEMBER 2021 CHAPTER 4.1300 DISTRICT REGULATIONS 2. Required Spacing: Pedestrian lights to all plant materials installed pursuant to must be located approximately at the Section 6.301(I) Irrigation. midpoint between two trees and spaced a (3) Landscaping in Parking and Driveway Areas maximum of 60 feet apart. Intent:The MU-1 district is intended to create 3. Pedestrian-scaled lighting style must a public environment in which pedestrian be approved by the Transportation and safety,interest,and comfort are paramount. Public Works Department(TPW)and be Therefore,parking areas that front public streets consistent with other pedestrian lights on and pedestrian pathways shall be screened to the same block. minimize pedestrians'view of parked vehicles 4. If there are no pedestrian lights existing and the impact of vehicle headlights. on the project's block face,then the a. Parking lots and driveways that are located spacing is measured from the end of the adjacent and parallel to a public street must block. If pedestrian-scaled lights exist, be screened from the public right-of-way then spacing is measured from existing with landscaping,berms,fences,or walls a lights. minimum of 3 feet in height measured from d. Section 6.301(h) "Landscape Area Required" parking lot grade to a maximum of 4 feet in does not apply to developments in the M U-1 height. district provided however,the following are b. Landscape islands,linear landscaping strips, applicable in MU-1: bio-swales,or rain gardens must be required 1. All landscaped areas must be located in parking lots with 12 or more spaces.All outside the perimeter of the footprint of landscape islands and strips shall have at a building or structure; least one tree. 2. Protected by wheel stops,curbs or other Parking lot screening:Perspective physical barriers where adjacent to vehicle use areas; 3. Be covered with grass,organic mulch, live ground cover,decorative paving, sidewalk furniture or other decorative elements; 4. Landscaped bioretention areas are Oak - encouraged for natural drainage channels to reduce runoff and increase infiltration; 5. When there is a front yard setback of at least five(5)feet,front yard landscaping is required for areas outside the ground , - — level patios,parkways,and pedestrian walkways.Front yard landscaping must adhere to the shrub and native plans as listed in Table A of Section 6.301(h), as well as other applicable regulations described or referenced within the MU-1 regulations. e. Irrigation:An irrigation system must be installed to provide total water coverage NOVEMBER 2021 19 CHAPTER4.1300 DISTRICT REGULATIONS c. Every parking space is required to be not excluding fire lanes: 16 square feet.Tree more than 60 feet from a large canopy tree trunks should be protected by wheel or 40 feet from a medium canopy tree, stops or other physical barriers excluding planted within a median,strip or island, curbs. measured from the trunk at planting. 4. Linear landscaping strips are encouraged Required Spacing for Large Canopy Parking Lot Tree Planting in lieu of landscaping islands where Linear Landscaping possible. Strip (4) Urban Forestry a. Developments with surface parking lots must provide 40%canopy coverage over new,expanded,or reconstructed surface parking. 8'min. .R' b. Submission of applicable urban forestry plans for review shall comply with Section 6.302 (g),Urban Forestry Plan/Permits. 60' Required Spacing for Medium Canopy Parking Lot Tree Planting Linear Landscaping Strip 1 40' f d. Required size of landscape islands and linear landscaping strips containing trees: 1. Within parking lots with non-porous surfaces: 130 square feet;8 feet minimum width. 2. Planted in structured soil:64 square feet;8 feet minimum width.The use of approved structural soil shall be limited to landscape islands and adjacent walkways and parking area necessary for proper tree growth.Structural soils must not be used for fire lanes in parking lots. 3. Within parking lots with approved porous surfaces for parking areas 20 NOVEMBER 2021 CHAPTER 4.1300 DISTRICT REGULATIONS (g) Facade Design Standards (1) Parking Structure Facades a. Fa4ade design:All parking structure facades that face a public space must be designed to incorporate architectural elements and materials that complement the adjacent building or buildings in the area. b. Ground level screening:Screening must be incorporated to minimize the visual impact of garages and parked cars at the pedestrian level.Landscaping,including trees and shrubs,may be utilized for screening purposes but must screen at least 50%of pedestrian level parking garage facades immediately upon installation,with species selected to eventually provide a full 100%screening. Y •.'.Y{.:.-.k.. � d: is ��% Precedent Images: ,.. Parking with landcaping and architectural screening Precedent Images:Landscaping as parkinggarage screening. — -- - lements. c. Parking structure openings along primary and _ secondary street frontages shall not exceed 20 feet per entrance. 1. For multifamily buildings less than 150 feet in width,the parking structure opening, the parking structure,or both combined, shall not exceed 50%of the ground floor street fa4ade,with the remaining fa4ade for occupiable space. 2. For multifamily buildings 150 feet or more in width,the parking structure opening, the parking structure,or both combined, shall not exceed 25%of ground floor street 20 Feet fa4ade,with the remaining fa4ade for I Building Facade 'I occupiable space. d. The property owner is responsible for maintaining all required landscaping in good health and condition and the removal of any litter that has accumulated in landscaped areas.Any dead,unhealthy,damaged or missing landscaping and screening must be replaced with landscaping and screening that conforms to this subsection within 90 days (or within 180 days where weather concerns would jeopardize the health of plant materials). NOVEMBER 2021 21 CHAPTER 4.1300 DISTRICT REGULATIONS (2) Facade Variation Belt Course a. Each new building facade that is greater Mullion than 50 feet in width and is oriented to a Cornice publicly accessible street or open space must Frieze incorporate each of the following scaling Wall Plane Variation . elements.For building facades less than 50 feet in width,a minimum of two elements are required. Banding Awning/canopy as 1. Expression of building structural distinction between elements such as: first and second level. (iii) Floors(banding,belt courses,etc. Fenestration not less than one inch deep and four Change in y material,material inches wide) pattern,and color - - (iv) Columns(pilasters,piers,quoins,etc. not less than one inch deep and six inches wide) Banding (v) Foundation(water tables, Pattern of _ rustication) recessed balconies 2. At least two variation in wall lane not and wall/window p projections � t less than 3 feet in depth or projection and not less than two stories in height Materialcnange for multi-story buildings.Such elements Balcony as r' distinction between could include patterns of door and first and upper levels window openings by utilizing sills, mullions,and other scale providing window elements,and/or more pronounced architectural features suchY- as porches,alcoves,and roof dormers; " Distinction between upper floors with ' balconies and change 1,1\P6 in material and color Distinction between the first and upper level with windows 46jc��hto y r` VI k" f�oy Q J,o\\c��4 3. Changes in material,material pattern, r or noticeable change in color or shade. Each change of material shall involve a minimum one-inch variation in wall plane Distinction between or noticeable change in Color. the frst and upper ■ g levels with balconies and material change 22 NOVEMBER 2021 CHAPTER 4.1300 DISTRICT REGULATIONS b. New building facades oriented to a publicly accessible street or open space must include differentiation between the first and the upper levels with a canopy,balcony,arcade,or other architectural features. c. If a project consists of more than one block face,each sequential block of new construction must contain a different building facade to encourage architectural variety within large projects,using the required architectural elements listed in Section(g)(3)a above and/or other architectural features. (3) Fenestration Intent: Providing fenestration encourages interaction between the pedestrian and the ground-story space.The intent of requiring clear fenestration is to allow pedestrians to view activities inside the building or displays related to those activities. a. New single use commercial and mixed-use building facades fronting publicly accessible street or open space shall meet the following requirements: ki Project . FENESTRATION REQUIREMENT - • . RY AND SECONDARY Mixed-Use&Commercial Ground Story(2'-12'above grade) 40% Upper Stories 25% Residential Ground Story(2'12'above grade) None Upper Stories None b. Clear glazing shall have a visible transmittance rating of 0.5 or greater to count towards the fenestration requirement. c. The following alternatives may count towards a portion of the fenestration requirement and can be used in singular or in combination.Alternatives may count no more than 50 percent(%)of the total fenestration requirement. ALTERNATIVEPERCENTAGE OF ALTERNATIVE . • r REQUIREMENT Windows at the ground story but outside the 2-12'zone 40% Wall mounted or recessed display cases at least 4'high 40% Walk-up automated teller machines,video rental or similar kiosk 40% Translucent,fritted,patterned,or color glazing 40% Energy efficient windows that do not meet the.5 transmittance 40% requirement Outdoor dining/seating located between the building and street 60% NOVEMBER 2021 23 CHAPTER4.1300 DISTRICT REGULATIONS wan Example: ----------------------- Plate MMMMMR, Facade between 2'and 12':100 x 10=1,000 sf. 2 ------------------------ Finished © Required Clear Fenestration:1,000 x.60=600 sf. Floor j Finished ® Clear Fenestration Provided:18(3)x 10=540 sf. Floor Alternatives provided(clear outside 2-12'): o ------------------I---- ® 18(3)x3= 162x.40=65sf. o - Total Fenestration:540+65=605 sf. T 2 Facade width Precedent Images:Fenestration at the pedestrian level creates an inviting,walkable environrnent. (4) Building Materials: Not less than 70 percent N of all new building facades(not including door and window areas)facing publicly accessible T streets or open space shall be constructed of the following masonry materials: r a. Stone o b. Brick c. Terra cotta d. Patterned pre-cast concrete 1 Facade widen ----= e. Cement plaster stucco Example: f. Cement board siding Facade Total:200 x 20=4,000 sf. g. Cast stone or prefabricated brick panels � Door and Window Area:500 sf. Required Masonry:4,000-500 x.70=2,450 sf. ® Approved Masonry Material:2,450 sf. O Non-approved Masonry Material: 1,550 sf. 24 NOVEMBER 2021 CHAPTER 4.1300 DISTRICT REGULATIONS (5) Building Entries tiw .s.. lr�I p i I V" Intent:The intent of building entries is to create pedestrian-oriented development in which buildings are oriented toward publicly accessible streets and sidewalks. '=i f a. The principle building must have its main entrance from a public sidewalk or plaza, ~ or from a private sidewalk or plaza that is publicly accessible through a public use easement. Interior buildings constructed as part of a campus development are exempt - from these requirements(see Section(d)(4)c, Campus Development). b. Primary entrances shall not be from a parking lot. _ c. Secondary entrances from parking lots are permitted. d. All public building entrances for commercial developments and primary entrances for residential units must incorporate arcades, roofs,porches,alcoves,or awnings that protect pedestrians from the sun and rain. e. Residential Entries Precedent Images.Individual street level residential entry/stoops 1. Apartments,condominiums,and manor houses with street level units must provide individual street-oriented entries for each unit along the primary street frontage. Individual street oriented entries oll�i{111 ■_��� 111 oil In 111 �, 111 One-or-Two family district with an established residential MU-1 development street level units with street character individual street oriented entries 2. Apartments and condominiums must provide primary entrances at intervals not to exceed 125 linear feet of street- ® �� �� oriented building frontage.Entrance spacing is measured from the edge of door to the edge of the next door. 7mi 3. Townhouses must have individual street- 14 125' oriented entries for each unit. 4. Manor houses must have a single primary entrance. NOVEMBER 2021 25 CHAPTER4.1300 DISTRICT REGULATIONS 5. A duplex may have one primary entrance for each unit.Each primary entrance into a duplex must be provided under a shared porch or one of the entrances must be accessed from a side facade of the structure. f. Commercial Entries 1. Each retail use with exterior ground level exposure along a street or public space shall have an individual public entry from the street or public space. 2. Entrances to corner buildings with ground floor retail uses shall be located at the corner of the primary street. (h)Other Development Standards (1) Signs: In addition to the development standards in Chapter 6,Article 4,the following provisions apply: a. In addition to signs allowed in Chapter 6,Article 4,one or more attached project identifier or wayfinding signs may be erected on each facade of the occupied space. Note:Doors and windows shall be included in the calculation of the facade area. 1. Signs may have a total area of 10 percent(%)of the area of the facade to which the signs are attached,with a maximum aggregate area of 500 square feet per facade. 2. The facade area shall be calculated by multiplying the width times the height,with a maximum calculated height of 15 feet. 3. For structures exceeding 15 feet in height,allowable sign square footage shall be calculated as 0.75 square feet per linear foot of building facade. (2) Fences,Gates,and Walls a. Complexes with perimeter security fencing along public streets are prohibited. b. Fences shall not be located in the area between the front building facade and the public street frontage or public open space. c. Exterior fences and gates that are located along public streets,along private streets or walkways that are publicly accessible through a public use easement,or along publicly accessible open space shall not extend beyond building facades. d. All fences and walls along public street frontage or public open space that are taller than 4 feet must be open design. e. All fences and railings must be architecturally compatible with the character of the building and be constructed of high-quality materials including:wrought iron,composite fencing, treated wood,aluminum,or metal.Chain link, barbed wire,and concertina wire material is a1iidn8 prohibited. _/ Facade v Line 26 NOVEMBER 2021 CHAPTER4.1300 DISTRICT REGULATIONS f. All walls must be architecturally compatible Wk, r �. with the character of the building and constructed of high-quality materials _ including stone,decorative blocks,brick, cast stone,or stucco over standard concrete masonry blocks. g. For a private residential patio or yard,or a commercial outdoor dining area,a fence, ' railing,or low wall may extend beyond the building facade if the following requirements " are met: + r Tin 1. Fences,railings,and walls must not exceed 4 feet(48")in total height as _ measured from the ground to the top of the fence,railing and/or the wall however; - 2. For elevated residential stoops the total fence,railing and/or wall height must not exceed 5 feet(60")total14 oil T z= - I 1 _ 4 A `S■ Precedent Images:Residential patio/stoor Precedent Images:Outdoor dining fenced patios (3) Service Areas Screening a. Trash and recycling collection,and other similar service areas,must be located to the side or rear of buildings and behind the primary structures on street frontages. b. All refuse and recycling collection containers for apartments/condominiums must be located on a concrete pad and shall be screened on 3 sides by an opaque fence or wall.The fourth side must be an opaque gate. c. The design,colors,and materials of screening elements shall be architecturally compatible with the character of the building. NOVEMBER 2021 27 CHAPTER 4.1300 DISTRICT REGULATIONS (4) Mechanical Equipment Screening (5) Privately Owned Streets and Drives with Public Access Easements: Private streets and PERMITTED drives with public access easements shall be SCREENING considered public streets or right-of-way for the • MATERIALSpurpose of review for compliance with setbacks, Public pocket parks,parking,screening,enhanced ALTERNATIVE I • landscaping,facade variations,fenestration,and other MU-1 design requirements normally based on streets. ll (6) Drive-in Business Wall-Mounted 0 •2 a. Drive-in businesses may be permitted in Roof-Mounted 0 accordance with the use tables in Chapter 4, Ground-Mounted 0 0 02 Articles 6 and 8,provided that no such use I Must be screened from abutting properties and the public street. shall be permitted to sell alcoholic beverages 2If an opaque wall or fence is provided,it shall be compatible with the for consumption on the premises.In the principle building in terms of texture,quality,material,and color. MU-1 district the following requirements Wall-Mounted Equipment shall apply: 1. Drive-through windows and stacking lanes shall not be located along facades of buildings that face a street,and where Required Screening possible shall be located to the rear of �— buildings; 2. Driveways shall not be located within the front yard setback between the building front and the street; Public Right-of-Way Roof-Mounted Equipment 3. The design and location of the facility shall not impede vehicular traffic -F—Required5creening flow and shall not impede pedestrian movement and safety.To minimize conflicts with vehicular and pedestrian circulation,shared driveways and/or driveways located off of non-arterial streets shall be used,where possible; 4. Architectural elements,landscaping and/ or other screening elements shall be Public Right-of-Way provided to minimize the visual impacts Ground-Mounted Equipment of the drive-through facility;and �----- 5. The design and location of the facility hall be consistent with any design standards or guidelines that may be applicable to the pertinent district. Required Screening Public Right-of-Way 28 NOVEMBER 2021 ExHieir s HIGH INTENSITY MIXED-USE (MU-2) CHAPTER 4.1302 DISTRICT REGULATIONS Table of Contents 4.13a0 a Pur ose and Intent 3 4.1300(b) Review Procedures for Development 4 4.1300(b)(1) General Requirements 4 4.1300(b)(2) General Waivers or Modifications 4 4.1300(b)(3) Conceptual and Use Plan 5 _ 4.1300(b)(4) Proximity Test 6 4.1300(c) Uses 711 4.1300(d) _ Property Development Standards _ _ 9 4.1300(d)(1) General Yard Development Standards 9_ 4.1300(d)(2) Setbacks 9 4.1300(d)(3) Minimum Height Single-Use 9 4.1300(d) 44) Maximum Height General 10 4.1300(d)(5) Maximum Height Single-Use 10 4.1300(d)(6) Minimum Residential Units Per Acre 10 4.1300(d)(7) Maximum Residential Units Per Acre _ 10 4.1300(d)(8) Height Bonus Options _ 10 4-1:300(d)(9) 13 4.130e) Off-Street Perking and Loading 4.1300(e)(1) Commercial and Mixed-Use Parking 14 4.1300(e)(2) Residential Parking 14 4.1300(e)(3) Other Off-Street Parking and Loading Standards 15_ 4.1300(e)(3)f. Maximum Surface Parking Lot Frontage 16 4.1300(e)(4) Parking Location for Two-Family Dwellings 16 4.1300(e)(5) Parking Location for One-Family Attached (Townhouse,Rowhouse) 16 4.1.300(e)(6) Bic cle Pirkiqp, 16 4.13W(f) B LightIng _ - _ 4.1300(f)(1) Bufferyard and Supplemental Building Setback _ _ _ 17 4.1300(f)(2) Enhanced Landscaping and Pedestrian Lighting 18 4.1300(f)(3) Landscaping in Parking and Driveway Areas 19 4.1300If)'41 4Jrh., ri 1 ereskr y 20 4.130 Facade Design Standards _ 21 4.1300(g)(1) Parking Structure Facades 21 4.1300(g)(2) Facade Variation _ 22 4.1300(g)(3) Fenestration 23 4.1300(g)(4) Building Materials _ _ 24 4,1300 5 .3.vi,d rip,En[rie5 25 4. 3 (Fi) _Other DeveJo ment Standards 4.1300(h)(1) Signs 26 4.1300(h)(2) Fences,Gates,and Walls 26 4.1300(h)(3) Service Areas Screening _ 27 4.1300(h)(4) Mechanical Equipment Screening 28 1 rh1rS1 + ,a n Nh Public A, Easements+ T.- k, Privately Owned Sir eet5 aiiU L-11 vJIu i PUUIII r��Ce55 �a�2menL5 28 4.1300(h)(6) Drive-In Businesses 28 2 NOVEMBER 2021 CHAPTER 4.1302 DISTRICT REGULATIONS 4.1302 High Intensity Mixed-Use (MU-2) District (a) Purpose and Intent It is the purpose and intent of the High Intensity Mixed-Use (MU-2) District to provide areas in which a variety of higher density housing types exist among commercial,institutional,and selected light industrial uses.The M U-2 District is designed to accommodate and encourage compact,walkable development forms that are more land-efficient,cost-effective,and revenue positive for the City than low density, single-use developments. In addition to the purpose statements above,the intent of the MU-2 District is to: (1) Promote a pedestrian-oriented urban form. In contrast to conventional zoning standards that place a primary emphasis on the regulation of land uses,mixed-use development standards and guidelines focus on promoting a walkable,urban form of development,consistent with the surrounding areas historic urban development patterns.The focus on form promotes buildings that conform to tested urban design principles. (2) Require excellence in design of the public realm and of buildings that front public spaces.The most successful and memorable urban environments are those in which walking down the street is appealing. Streets,plazas, parks,and other public spaces should be comfortable and inviting,and buildings fronting those spaces should be active and visually interesting at the pedestrian level. (3) Encourage creativity,architectural diversity,and exceptional design.Mixed-use is intended to promote high quality design,and the development review process for mixed-use projects is intended to promote flexibility.Standards,as well as the development review process,are intended to support creativity and exceptional design while discouraging uniformity. (4) Promote sustainable development that minimizes negative impacts on natural resources.Creating walkable,higher density residential districts surrounding mixed-use districts supports sustainable development by providing an alternative to low density development in peripheral areas. In accordance with sustainable development principles,the mixed-use buildings and public spaces should be designed to minimize negative impacts on air and water quality and promote innovation in environmental design. (5) Promote walkability.Walkable communities are desirable places to live,work,and play.Walkable communities give higher priority to pedestrian activity by creating streetscapes that are safe,comfortable, interesting,and that accommodate a wide range of transportation modes and users.To foster walkability, development patterns should promote a mix of land uses and density, have an emphasis on the placement and orientation of buildings,have properly placed parking,place a high value on the design of quality streetscapes,provide access to transit,and provide unimpeded pedestrian connections to multiple destinations and open space. (6) Maximize connectivity and access.In order for people to feel comfortable walking,pedestrian access and connectivity among uses and amenities,including transit facilities,is essential.Connectivity and access can be accomplished by creating smaller blocks or by providing access through blocks via publicly accessible alleys,pathways,paseos,and pedestrian boulevards.Sidewalks should form a continuous network connected by frequent,safe street crossing. (7) Promote affordable housing and mixed income communities.Design a mix of housing based on geographic growth projections and the needs of current and future residents to accommodate families, single occupants,the elderly and those with disabilities.Access to transportation and services should be a key factor in the future distribution and allocation of affordable housing. NOVEMBER 2021 3 CHAPTER 4.1302 DISTRICT REGULATIONS (b) Review Procedures for Development (1) General Requirements: Projects should conform to all mixed-use standards.Staff may also refer an administrative case or a case that does not require waivers to the UDC for failure to meet the Purpose and Intent of the ordinance. (2) General rule allowing waiver or modification of standards: a. Director or designee:The Director or designee is authorized to grant modifications to certain development standards with a maximum modification up to 10%increase or decrease for the following development standards: 1. Setbacks for additions to existing structures 2. Bufferyard width 3. Primary entrance separation 4. Fenestration b. Urban Design Commission: Unless otherwise limited by this section,the Urban Design Commission (UDC),may waive or modify any individual development standards through the issuance of a Certificate of Appropriateness,if the U DC finds that the proposed development is consistent with the intent statements of the MU-2 District but does not conform to certain development standards. A Certificate of Appropriateness shall expire if a building permit is not received within 2 years of the approval of the Certificate of Appropriateness. c. Board of Adjustment:Any waiver of basic property development related to building heights,setbacks and bulk require a variance to the Board of Adjustment after a recommendation provided by the Urban Design Commission prior to the public hearing of the Board of Adjustment. d. Zoning Commission/City Council:Any zoning proposal requesting a Planned Development"PD" zoning district that uses the MU-2 district as the base zoning,inclusive of any waivers from any M U-2 design standards,must receive a recommendation from the Urban Design Commission prior to a public hearing by the Zoning Commission or the City Council. 4 NOVEMBER2021 CHAPTER 4.1302 DISTRICT REGULATIONS (3) Conceptual Land Use Plan To facilitate compliance with the MU-2 District regulations,a conceptual land use plan must be submitted to the Director or designee for review and approval prior to submitting permit applications.The conceptual land use plan must include the following: a. The anticipated location of proposed streets,sidewalks and walkways,building footprints,parking areas,landscaped areas and features,and open space.A change of 5%or greater in land uses to a conceptual land use plan will require a new project review and approval prior to permitting. b. The conceptual site plan shall illustrate the proposed location of land uses on the site,using the following land use categories: 1. Residential (single-family,one-or-two-family attached,multi-family,etc.)Leasing offices in multifamily developments shall count towards residential use calculations. 2. Commercial/Industrial 3. Institutional/Dedicated Public Parks(e.g.hospitals,schools,churches,government buildings, dedicated public parks and the likes) 4. Mixed-use buildings(a mix of residential and non-residential within the same building,meeting the percentage requirements defined in Section(d)(7)a. c. Parking facilities and private open spaces shall be classified the same as the primary land use they serve. Conceptual Land Use Plan Example � Cafe/ - ,� - _ — �_•�^ Retail -i ~* J; Reta l Retail 1 _y b . Grocery/ c --- _ •��-' c., Retail ,�- r 'A - i I .Beni r. " o Livl •` o NOVEMBER2021 5 CHAPTER4.1302 DISTRICT REGULATIONS (4) Proximity Test Developments that are 90%or greater residential uses must perform a proximity test to ensure a mix of uses in the surrounding area.No development that comprises 90%or greater residential uses shall be permitted unless the Director,or designee determines one of the following: a. The residential land use category within a 1,320-foot radius of the proposed project site boundary, shall not occupy greater than 70 percent(%)of the total land area.The proposed development shall be included in the calculation of this percentage.The land use are percentages shall be based on current land uses and calculated using land use information obtained from the applicable tax appraisal district, site visits,or property research;or; b. There are demonstratable unique site conditions(e.g.adjacency to natural features,freight yards, etc.)make compliance with the conditions of section a above impractical in certain areas of the development site. Hypothetical Proximity Test Example: Ali PEI Proximity Test Project= 100%residenital Land uses within 1,320 ft.radius 11 HE Commercial/Industrial =34.1% Institutional/Public Parks=3.6% 4T] Mixed-Use Building=7.6% ® Residential (project included)_ 54.6% ® Residential Land Use= 54.6%< 70% Development Passes 9 P� Land Use Legend Commercial Institutional Mixed-Use Building 0 Residential 6 NOVEMBER2021 CHAPTER 4.1302 DISTRICT REGULATIONS (c) Uses In the MU-2 District,no building or land use shall be used and no building shall be hereafter erected, reconstructed,altered or enlarged,nor shall a Certificate of Occupancy be issued,except in accordance with the use table in Chapter 4,Article 12,and the supplemental standards of Chapter 5. Residential, commercial,and institutional uses may occupy the same building lot. (1) Building Types The following non-exhaustive list of conceptual building illustrations demonstrate the recommended building forms in the MU-2 District.Additional building types and configurations that comply with the intent and regulations of the MU-2 district are encouraged.All intent statements are addressed through development standards set out in Section 4.1302 (d)through(h). a. General Commercial b. Mixed-Use Shopfront A development type with nonresidential A development type with ground-story retail uses.Ground story spaces are flexible and upper-story residential and/or office enough to accommodate a variety of uses. nonresidential uses.Upper stories are used for offices and/or other types of compatible nonresidential uses. 1�W� tt c. Apartment/Condominium Multi-family residential development type that often shares a common entrance. Primary entrances are prominent and street-facing.An elevated ground floor for residential uses is recommended to improve privacy.Parking for an apartment/condominium building is allowed on the side or rear of the building,but the preferred method is at the rear of the building or within a parking structure.A townhouse form shall be considered an apartment/condominium when the homes are on one platted lot and not on individually platted lots with ground floor separate entrances to each unit. NOVEMBER 2021 7 CHAPTER4.1302 DISTRICT REGULATIONS 7,77 d. One-Family Attached(Townhouse) A two-or three-story building with two or more attached dwelling units consolidated into a single structure and platted into individual lots.An elevated ground floor for residential uses is recommended to ensure privacy.A townhouse form is regarded as an apartment/condominium when on one platted lot and not individually platted lots with ground floor separate entrances to each unit. _ F �T1 e. Manor House f. Two-Family Attached(Duplex) A building that has the appearance of a A building with two dwelling units on an conventional single-family dwelling with individual lot separated by a shared common three to five attached dwelling units wall.Dwelling units within a building may be consolidated in a single structure.Dwelling situated either wholly or partially over or units within a building may be situated either under other dwelling units. wholly or partially over or under other dwelling units. 8 NOVEMBER2021 CHAPTER 4.1302 DISTRICT REGULATIONS (d) Property Development Standards until the 50 percent(%) requirement has (1) General yard development standards: been satisfied. Development shall be exempt from Chapter 6, Note: A campus development is defined as Article 1,Section 6.101(b),6.101(c),6.101(d), a unified group of buildings and/or facilities and 6.101(f). located on a contiguous parcel and operated (2) Setbacks:The chart below represents the as a place of worship,school,or hospital. minimum and maximum setbacks for building and (3) Minimum Height Single-Use: Two(2)stories structures within a MU-2 District. at a minimum 18 feet of occupiable space as REQUIREMENT IIII measured from the top of the finished slab at grade level to the top of the highest wall top O Primary Street(min/max) 0'/20' plate. Intent: The High Intensity MU-2 zoning © Side Street(min/max) 0'/20' ordinance requires a minimum of two(2)stories © Rear Yard (min) 5' in order to promote and accommodate higher densities of land uses within a building. O *Common Lot Line(min) 0' Subject to building code spacing requirements Wall Top Plate 2 story / 18' - / 1 story �- P,��iQ�y Slab at Grade —4 Steer �;A' Note: Development in the MU-2 District is A exempt from Section 6.100.An unroofed and unenclosed roof top terrace,and the enclosed a. Buildings on corner lots shall not exceed the stairwell or elevator that strictly provides maximum front yard setback on primary and access to the terrace,shall not be included in the side streets. measurement of the total building height. Refer b. Buildings may exceed the maximum 20- to Section 5.136 and 5.137 Telecommunication foot setback if angled,perpendicular,or Antenna and Towers. parallel parking on private property meets a. For sloped sites,average grade is determined the conditions of Section (e)(3)a. In these by calculating the average of the highest situations,the front yard setback shall be and lowest elevation along natural or measured from the curb instead of the the improved grade(whichever is more property line,and the setback shall be no restrictive)along the front of the building greater than 20 feet. parallel to the primary street setback line. c. Campus Developments: Interior buildings constructed as part of a campus Building Height development may be set back from the property line more than 20 feet if at least Highest Average 50 percent(%)of the public street frontage Elevation of Highest on each block face within the development _ _ _ I &Lowest ♦ Elevations contains buildings within the maximum setback of 20 feet. Interior buildings setback farther than 20 feet may not be constructed Frontof Building NOVEMBER 2021 9 CHAPTER 4.1302 DISTRICT REGULATIONS b. Where a lot slopes downward from the front residential districts with an existing one-or property line,one story that is additional to two-family dwelling. Retail and restaurant the specified maximum number of stories uses on the ground floor are allowed and may be built on the lower rear portion of the encouraged.Buildings within 1,000 feet of lot. property on the block bounded by University Drive,Lancaster Avenue,Montgomery Street,and Camp Bowie Boulevard,shall have a maximum height of 120 feet. s Top of Facade—� Wall Top Plate—� Primary Street a 5 story c � o Ground Floor Elevation Q 4 story 5 stories (4) Maximum Height General 3 story MAXIMUM r z story, HEIGHT IN FEET Ground Floor 20 feet 1 story Additional Floors Above 15 feet per floor SlabatGrade Ground Floor Apartment/Coridominiums (6) Minimum Residential Units Per Acre:None, Top Floor 20 feet except when a residential mixed-use project is located within 1,320 feet of an entrance to an (5) Maximum Height Single-Use existing or approved passenger rail station or a. Generally:Five(5)stories as measured from stop: 50. the top of the finished slab at grade level to (7) Maximum Residential Units Per Acre: the top of the highest wall top plate. MAXIMUM BUILDING HEIGHT MAXIMUM b. Single-Use Office Building:A maximum UNITS PER AND USE height of 10 stories shall be allowed, ACRE provided a maximum height of 5 stories Up to 4 stories,single use 70 units/acre shall be required within 250 feet of A or B 5 stories,single use Unlimited residential districts with an existing one-or two-family dwelling.Retail and restaurant 6 stories,single use,with height uses on the ground floor are allowed and bonus(structured parking or open Unlimited encouraged.Buildings within 1,000 feet of space) property on the block bounded by University 7-9 stories,single use,with height Drive,Lancaster Avenue,Montgomery bonuses(structured parking and Unlimited Street,and Camp Bowie Boulevard,shall open space) have a maximum height of 120 feet. 10 stories,mixed-use Unlimited c. Single-Use Hotel Building:A maximum height of 10 stories shall be allowed, (8) Height Bonus Options: provided a maximum height of 5 stories Height bonuses can be utilized cumulatively but shall be required within 250 feet of A or B shall not allow for heights beyond the established 10 NOVEMBER2021 CHAPTER 4.1302 DISTRICT REGULATIONS ten story maximum.When adjacent to a one- b. Structured Parking: The intent of allowing or two-family district,all height bonuses a height bonus for structure parking is must adhere to the transitional height plan to locate and design surface parking lots, requirements,see subsection(f)(1)d. individual garages,and large parking garages a. Mixed-Use Building: A maximum height so as to reduce their visual impact or to of ten (10)stories shall be allowed provided create public amenities or both(e.g.through the criteria below are met.Buildings within aesthetic or environmental features). 1,000 feet of property on the block bounded 1. One(1)additional story of height shall be by University Drive,Lancaster Avenue, permitted if providing structured parking Montgomery Street,and Camp Bowie for 100 percent(%)of all off-street Boulevard,shall have a maximum height of parking for the height bonus. 120 feet. 2. One-and-two family residential garages 1. Residential uses account for no less than shall not be included in a determination 20%of a building's gross floor area,and; of the structured parking height bonus. 2. Office,eating and entertainment,and/ c. Open Space: One additional story of height or retail sales and service uses or all shall be permitted if providing a publicly account for no less than 10%of the accessible urban pocket park that adheres to building's gross floor area. the following standards. 3. Live/work units may be counted toward Note:Utilizing the open space height bonus the mixed-use requirement,provided does not exempt a development from however,only the commercial square applicable park dedication fees. footage and its required restroom 1. Use Criteria space of the unit shall be used when determining the calculation.All live/work (i) Pocket parks must provide a units require a commercial certificate of community benefit such as:play occupancy and shall: activity for children,relaxing spaces to enjoy lunch or meet friends, (i) Not exceed 3,000 square feet. interactive artwork,pet-friendly (ii) Maintain between 10%and 50% areas,or small event and garden commercial space. space. (iii) Not exceed 5 onsite employees who 2. Location do not live in the unit. (i) Pocket parks must front public (iv) Maintain adjacency between streets and be publicly accessible commercial and exterior entry. Note: Refer to Section(h)(5), �+— Development Standards Applicable to Commercial(ie. work)square "'—` L footage can be Public Street counted. [3 o o� 19040. 0000L] - aL_ 8 O O a Publics' Residential(ie.live)square footage does not count Pocket Park Fronting Public Streets NOVEMBER 2021 11 CHAPTER 4.1302 DISTRICT REGULATIONS Privately Owned Streets and Drives with t L 41 Public Access Easements. 3. Size ,w - (i) 2,500 square feet minimum (i) 1 acre maximum A 4. Green Space (i) Pocket parks shall provide a minimum of 20%ground level green space.Additional ground area may be impervious provided the space is structured for recreation,including, tia " but not limited to,sculpture gardens, basketball courts,or tennis courts. i - (ii) All pocket parks require tree planting.Tree planting requirement may be waived for areas that are - ; designed for structured active recreation. w 5. Seating (i) A minimum of one linear foot of seating shall be required for every Pocket Park Precedent Images:R ­ntion;PlaySpa 300 square feet of gross open space. 6. Fencing f (i) Fencing for pocket parks must conform to Subsection(h)(2)and must remain open to the public during daylight hours. I 7. Maintenance (i) Pocket parks that are privately owned and maintained must be publicly accessible or; k (ii) Must be dedicated in perpetuity as public open space through the "" V recording of a public use easement *�l' and have an established long-term maintenance agreement with the Park and Recreation Department. Pocket Park Precedent Images:Seating/SocializingSpace 12 NOVEMBER 2021 CHAPTER 4.1302 DISTRICT REGULATIONS (8) Applicability Where existing buildings are affected by a rezoning to a Mixed-Use district,certain MU-2 standards will apply to subsequent reuse or redevelopment of the building,depending on the extent of the improvement.The following table describes changes in intensity based on uses as defined by the Institute of Traffic Engineers(ITE)trip generation manual and changes that increase the structure footprint or usable area.Usable area includes a change of use of any outdoor area from what was not a usable, occupiable area prior to the change. r• 0• Increase Required if existing Required if existing Required if existing Sidewalk sidewalks are substandard sidewalks are substandard sidewalks are substandard as determined byTPW as determined byTPW as determined byTPW Enhanced Does Not Apply;Street Applies;Street Trees shall Applies;Street Trees shall Landscaping Trees shall be installed if not be installed as part of the be installed as part of the existing total points if not existing total points if not existing Setbacks Does Not Apply Applies in new footprint Applies in new footprint Applies in new footprint or Applies in new footprint or Fenestration Does Not Apply any areas of the existing any areas of the existing building being modified building being modified Entrances Does Not Apply Applies in new footprint Applies in new footprint Urban Does Not Apply unless new Applies in new footprint Applies in new footprint Forestry or expanded parking lots are including any new or including any new or provided expanded parking lots expanded parking lots Applies to existing 2+ story building.If a building addition is 60%or more, the addition shall comply 2nd Story Does Not Apply Does Not Apply with the 2-story minimum. An addition of less than 60%expansion may expand at the same level as the existing structure. NOVEMBER 2021 13 CHAPTER 4.1302 DISTRICT REGULATIONS (e) Off-Street Parking and Loading (1) Commercial and Mixed-Use Parking REQUIREMENTAS A PERCENTAGE OF REQUIREMENT • IN SECTION Project not located within 250 feet of a one-or- None* 100 percent(%) two family zoned property Project located within 250 feet of a one-or-two 75 percent(%) 100 percent(%) family zoned property Project located within 1,320 feet of an existing 50 percent(%) 100 percent(%) or approved passenger rail station or stop `Residential uses as part of a mixed-use building shall provide required parking as listed in the residential parking table. "For mixed-use buildings and projects,the maximum parking requirement shall be the sum of the individual requirements for all uses. (2) Residential Parking PROXIMITY TO . • • BUILDINGTYPE/ REQUIREMENTDEVELOPMENT USE FEET OF • Townhouse 2 spaces per dwelling unit. 1 space per dwelling unit. See Section(e)(5)for location requirements. See Section(e)(5)for location requirements. 2 spaces per dwelling unit; 1 space per dwelling unit; Duplex& Plus,1 space per bedroom over three(3) Plus,1 space per bedroom over three(3) Manor House bedrooms per dwelling unit. bedrooms per dwelling unit. (2+units) See Section(e)(4)for location requirements for See Section(e)(4)for location requirements for duplexes. duplexes. Apartment/ *0.75 to 1 space required per bedroom; *0.5 to 1 space required per bedroom; Condominium Plus,2 spaces per 500 square feet of leasing Plus,2 spaces per 500 square feet of leasing office and/or social rooms. office and/or social rooms. *All partial spaces are rounded up. 14 NOVEMBER 2021 CHAPTER 4.1302 DISTRICT REGULATIONS (3) Other Off-street Parking and Loading Surface parking between the building front and the street Standards Note: These requirements supersede the ■ *4 parking requirements of Section 6.201(b).All other requirements of Chapter 6,Article 2 apply. a. Surface parking shall not be permitted between a building front and the street, p��fiQr s��e�t provided however,angled,perpendicular,or yst�eet �,a� parallel parking that is designed to function as on-street parking shall be permitted if Parking that functions as on-street or is located behind or to the side of the meets the following three conditions: building. 1. The City's Traffic Engineer determines that the parking does not adversely affect public safety or circulation and satisfies the conditions described in Section 22-175d of the City Code, 2. Each parking space is located adjacent to and is directly accessible from a public street or publicly accessible private street,and _/ PPS 3. Surface parking permitted between a v building front and the street(on-street allowed for all individual uses sharing the parking)and the required pedestrian facility. walkway shall be either dedicated as 2. There must be two or more uses on the public right-of-way or be included in a same site,or on separate sites are able to public access easement recorded in the share the same parking spaces because real property records of the county.The their parking demands occur at different front yard setback shall be measured times. from the curb instead of the property 3. The following documentation must line,and the setback shall be no greater be submitted in writing as part of the than 20 feet. building permit application or site plan b. The required off-street parking for any use review: may be located off-site,on property within (i) The names and addresses of the uses 500 feet of the subject site. and of the owners or tenants that are c. Adjacent on-street parking may be applied sharing the parking; toward the minimum parking requirements only when it is located completely out of the (ii) The location and number of parking spaces that are being shared; travel lanes,provided however,this shall not reduce the pertinent maximum parking (iii) An analysis showing that the peak limitations. parking demands for the different d. Joint use parking facilities may be used to uses occur at different times,and meet minimum parking requirements in that the parking area will supply at least the minimum number of accordance with the following: required spaces for each use during 1. The total number of spaces shall not its respective peak parking times; exceed the sum of the maximum spaces and, NOVEMBER 2021 15 CHAPTER 4.1302 DISTRICT REGULATIONS (iv) A legal instrument such as an (ii) 70%of the development site's total easement or deed restriction that frontage length along a project's side guarantees access to the joint streets. parking for all uses. 2. Parking lot frontage measurements shall e. Uses located in historically significant include the combined frontage length buildings shall be exempt from off-street of any paved and/or drivable surface parking requirements pursuant to Section that functions as part of a parking lot's 6.201(b)(3).For the purpose of this circulation,such as—but not limited to— exemption,historically significant buildings drive aisles and parking spaces. shall include those determined by the (4) Parking Location for Two-Family Dwellings: Historic Preservation Officer to be eligible, based on the applicable criteria,for: a. All parking shall be located behind the front building line. 1. Listing in the National Register of b. Historic Places;or Garage doors that face the street must be located a minimum of 20 feet behind 2. Local designation as either Historic and any front wall plane of a structure facing a Cultural Landmark("HC")or Highly publicly accessible ROW. Significant Endangered ("HSE"). f. Maximum Surface Parking Lot Frontage Intent:The intent of enforcing a maximum surface parking lot frontage is to establish a prominent and continuous street wall that promotes a multimodal,pedestrian-friendly 0 O environment while reducing the visual 0 dominance and negative pedestrian impacts of large,street-facing surface parking lots. 20'Min 1. The percentage of parking lot frontage along any street shall not exceed the (5) Parking Location for One-Family Attached following maximums: (Townhouse,Rowhouse): (i) 40%of the development site's total a. Garages must be placed entirely to the frontage length along a project's rear of the primary structure and accessed primary streets,and through the use of a rear driveway or alley. Maximum Surface Parking Lot Frontage along Primary and Side Street Frontages b. Garage doors must face the rear driveway or alley. Setback _ Area / (6) Bicycle Parking:Must comply with Section 6.204 of the Zoning Ordinance. 16 NOVEMBER 2021 CHAPTER 4.1302 DISTRICT REGULATIONS (f) Buffers, Landscaping, and Pedestrian Lighting (1) Bufferyard and Supplemental Building Setback a. For the purpose of this section,the MU-2 District shall be considered a nonresidential district. b. When building a two-unit attached dwelling(duplex)within the MU-2 District,a bufferyard and supplemental setback is not required with an adjacent one-or-two family district. No supplemental setback or bufferyard required O One-or-Two Family District MU-2 Two-Unit Attached(Duplex) c. All uses within the MU-2 district adjacent to one-or two-family district,other than the uses listed in item b.above,shall conform to the supplemental building setback and bufferyard width standards required for the Neighborhood Commercial ("E") District,as described in Section 6.300(c)Area Requirements.See Section 6.3000(d)through(i)for bufferyard requirements. d. All uses within the MU-2 district adjacent to a one-or two-family district must use a transitional height plane of 45 degrees to portions of a building above 3 stories or 45 feet,whichever is less starting from the property line of the one-or-two-family district. 1. Any portion of a building 3 stories shall be set back so that the building does not encroach the transitional height plane. 2. These supplemental building setbacks and transitional height plane requirements shall not apply to buildings adjacent to one-or-two-family districts that serve as public open space,such as parks and drainage ways. Transitional height plane 45°.� 4 stories and above — i i i i i 3 stories or 45 feet,whichever is less —� } Property LineWWI ` — — 5'Bufferyard -- ** l' r� T NJ INN iv ' M1 Eel ` One-or-Two Family District 20'min. MU-2 Development Supp. Setback NOVEMBER 2021 17 CHAPTER4.1302 DISTRICT REGULATIONS (2) Enhanced Landscaping and Pedestrian 4. If there are no street trees existing on Lighting:Street trees and pedestrian-scaled the project's block face,then spacing lighting are required along all public rights-of- is measured from the end of the block way in MU-2,see subsection(h)(5).Adherence beginning 40 feet from the curb to the landscape ordinance 6.301 is encouraged, intersection to accommodate public open except as here-in provided. space easement requirements. a. The Director,or their designee,may c. Pedestrian-Scaled Lighting administratively approve any modifications 1. New public and private development to streetscape requirements caused by must provide pedestrian lights within the mature trees,utility conflicts,fire hydrants, roadside's street tree/furniture zone. shallow underground utilities,curb cuts or any other obvious impediment,which could I prevent the planting of a tree,which could prevent the planting of a tree. _ I b. Street Trees I 1. Trees must be planted within a planting T".e CAh strip or flush with the sidewalk surface using tree grates as follows: idnrF%a � (i) Tree grates must be adjustable to I allow for tree growth and securely attached.Inner rings must be easily ` removed with an Allen wrench. C w � (ii) Tree grate openings shall not exceed Tnebw 3/8 of an inch. I 2. Exceptions: -— I (i) In the event that infrastructure prevents the use of at-grade planting,a raised planter or crushed stone may be used if approved by the Director or designee. (ii) Other techniques to provide the street trees will be considered = •' -, on a case-by-case basis and may �. be approved by the Director or their designee,or the Director or designee may send the matter to _ the Urban Design Commission for consideration and decision. 3. Spacing: SPACING CANOPYSIZE (ON CENTER) Small/Medium Canopy 25-30 ft. Large Canopy 35-40 ft. Precedent Images:Street Trees and Pedestrian-Scaled Lighting Spaci Example 18 NOVEMBER2021 CHAPTER 4.1302 DISTRICT REGULATIONS 2. Required Spacing: Pedestrian lights to all plant materials installed pursuant to must be located approximately at the Section 6.301(I) Irrigation. midpoint between two trees and spaced (3) Landscaping in Parking and Driveway Areas a maximum of 60 feet apart. Intent:The MU-2 district is intended to create 3. Pedestrian-scaled lighting style must a public environment in which pedestrian be approved by the Transportation and safety,interest,and comfort are paramount. Public Works Department(TPW)and be Therefore,parking areas that front public streets consistent with other pedestrian lights and pedestrian pathways shall be screened to on the same block. minimize pedestrians'view of parked vehicles 4. If there are no pedestrian lights existing and the impact of vehicle headlights. on the project's block face,then the a. Parking lots and driveways that are located spacing is measured from the end of the adjacent and parallel to a public street must block. If pedestrian-scaled lights exist, be screened from the public right-of-way then spacing is measured from existing with landscaping,berms,fences,or walls a lights. minimum of 3 feet in height measured from d. Section 6.301(h)"Landscape Area Required" parking lot grade to a maximum of 4 feet in does not apply to developments in the M U-2 height. district provided; however,the following are b. Landscape islands,linear landscaping strips, applicable in MU-2: bio-swales,or rain gardens must be required 1. All landscaped areas must be located in parking lots with 12 or more spaces.All outside the perimeter of the footprint of landscape islands and strips shall have at a building or structure; least one tree. 2. Protected by wheel stops,curbs or other Parkinglotscreening:Perspective physical barriers where adjacent to vehicle use areas; 3. Be covered with grass,organic mulch, , live ground cover,decorative paving, sidewalk furniture or other decorative elements; 4. Landscaped bioretention areas are encourage for natural drainage channels to reduce runoff and increase infiltration of water into the soil; 5. When there is a front yard setback of at least five(5)feet,front yard landscaping is required for areas outside the ground level patios,parkways and pedestrian - walkways. Front yard landscaping must adhere to the shrub and native plants = as listed in Table A of Section 6.301(h) V as well as other applicable regulations described or referenced within the MU-2 regulations. e. Irrigation: An irrigation system must be installed to provide total water coverage NOVEMBER 2021 19 CHAPTER4.1302 DISTRICT REGULATIONS c. Every parking space is required to be not excluding fire lanes: 16 square feet.Tree more than 60 feet from a large canopy tree trunks should be protected by wheel or 40 feet from a medium canopy tree, stops or other physical barriers excluding planted within a median,strip or island, curbs. measured from the trunk at planting. 4. Linear landscaping strips are encouraged Required Spacing for Large Canopy Parking Lot Tree Planting in lieu of landscaping islands where Linear Landscaping possible. Strip r (4) Urban Forestry a. Developments with surface parking lots must provide 40%canopy coverage over new,expanded,or reconstructed surface .�� parking. 8'min. b. Submission of applicable urban forestry plans for review shall comply with Section 6.302 (g),Urban Forestry Plan/Permits. 60' Required Spacing for Medium Canopy Parking Lot Tree Planting Linear Landscaping Strip ---( / 40' 8'mini r I i d. Required size of landscape islands and linear landscaping strips containing trees: 1. Within parking lots with non-porous surfaces: 130 square feet;8 feet minimum width. 2. Planted in structural soil:64 square feet;8 feet minimum width.The use of approved structural soil shall be limited to landscape islands and adjacent walkways and parking area necessary for proper tree growth.Structural soils must not be used for fire lanes in parking lots. 3. Within parking lots with approved porous surfaces for parking areas 20 NOVEMBER2021 CHAPTER4.1302 DISTRICT REGULATIONS (g) Facade Design Standards (1) Parking Structure Facades a. Facade design:All parking structure facades that face a public space must be designed to incorporate architectural elements and materials that complement the adjacent building or buildings in the area. b. Ground level screening:Screening must be incorporated to minimize the visual impact of garages and parked cars at the pedestrian level.Landscaping,including trees and shrubs,may be utilized for screening purposes but must screen at least 50%of pedestrian level parking garage facades immediately upon installation,with species selected to eventually provide a full 100%screening. T- Fr NINE l Precedent Images: Parking garage with SON landscaping and architectural screening Precedent Images:Landscaping as parkinggarage screening. - — -- - . elements. c. Parking structure openings along primary and secondary street frontages shall not exceed 20 feet per entrance. 1. For multifamily buildings less than 150 feet in width,the parking structure opening,the parking structure,or both combined,shall not exceed 50%of the ground floor street facade,with the remaining facade for occupiable space. 2. For multifamily buildings 150 feet or more in width,the parking structure opening,the parking structure,or both combined,shall not exceed 25%of 120Feet ground floor street facade,with the I Building Facade remaining facade for occupiable space. d. The property owner is responsible for maintaining all required landscaping in good health and condition and the removal of any litter that has accumulated in landscaped areas.Any dead,unhealthy,damaged or missing landscaping and screening must be replaced with landscaping and screening that conforms to this subsection within 90 days(or within 180 days where weather concerns would jeopardize the health of plant materials). NOVEMBER 2021 21 CHAPTER 4.1302 DISTRICT REGULATIONS (2) Facade Variation -- a. Each new building facade that is greater :. than 50 feet in width and is oriented to a ~- publicly accessible street or open space must ` incorporate each of the following scaling x Wall Plane Variation ~� elements.For building facades less than 50 feet in width,a minimum of two elements are required. i, Awning/canopyas 1. Expression of building structural distinction between elements such as: first and second level. 3 (i) Floors(banding,belt courses,etc. r' not less than one inch deep and four Change in material,material inches wide) pattern,and color (ii) Columns(pilasters,piers,quoins,etc. not less than one inch deep and six inches wide) (iii) Foundation(water tables, Pattern of recessed rustication) balconies and wa 2. At least two variation in wall plane not window projections less than 3 feet in depth or projection and not less than two stories in height Materialchangei for multi-story buildings.Such elements Balcony as =-- '" r could include patterns of door and distinction between window openings by utilizing sills, first and second level. mullions,and other scale providing window elements,and/or more pronounced architectural features such as porches,alcoves,and roof dormers; ' • ' Distinction between * ' " upper floors with ' balconies and change T - 2S�o in material and color 3 Distinction between the first and upper level with windows p`61, c�8ht or 3. Changes in material,material pattern, ' or noticeable change in color or shade. Each change of material shall involve a i + minimum one-inch variation in wall plane theftrctandupper , the first and upper or noticeable change in color.. levels with balconies , and material change 22 NOVEMBER2021 CHAPTER 4.1302 DISTRICT REGULATIONS b. New building facades oriented to a publicly accessible street or open space shall include differentiation between the first and the upper levels with a canopy,balcony,arcade,or other architectural features. c. If a project consists of more than one block face,each sequential block of new construction must contain a different building facade to encourage architectural variety within large projects,using the required architectural elements listed in Section(g)(3)a above and/or other architectural features. (3) Fenestration: Intent:Providing fenestration encourages interaction between the pedestrian and the ground-story space. The intent of requiring clear fenestration is to allow pedestrians to view activities inside the building or displays related to those activities. a. New single use commercial and mixed-use building facades fronting publicly accessible street or open space shall meet the following requirements: REQUIREMENTFENESTRATION Project Type Mixed-Use&Commercial Ground Story(2'42'above grade) 40% Upper Stories 25% Residwntiall Ground Story(2'-12'above grade) None Upper Stories None b. Clear glazing shall have a visible transmittance rating of 0.5 or greater to count towards the fenestration requirement. c. The following alternatives may count towards a portion of the fenestration requirement and can be used in singular or in combination.Alternatives may count no more than 50 percent(%)of the total fenestration requirement. PERCENTAGE OF ALTIRNATIVE ALTERNATIVE COUNTING TOWARDSTOTAL REQUIREMENT Windows at the ground story but outside the 2-12'zone 40% Wall mounted or recessed display cases at least 4'high 40% Walk-up automated teller machines,video rental or similar kiosk 40% Translucent,fritted,patterned,or color glazing 40% Energy efficient windows that do not meet the.5 transmittance 40°/ requirement Outdoor dining/seating located between the building and street 60% NOVEMBER 2021 23 CHAPTER 4.1302 DISTRICT REGULATIONS WON Example: ----------------------- Plate MM MFU M [1 Facade between 2'and 12':100 x 10=1,000 sf. o Finished � � ID Required Clear Fenestration:1,000 x.60=600 sf. Co ------------------------ Floor Finished ® Clear Fenestration Provided: 18(3)x 10=540 sf. IV� Floor--- ----- --- -- -- ® Alternatives provided(clear outside 2-12'): -------"-"- ------ 18(3)x 3=162 x.40=65 sf. o ------ --- --- — — 12' o 0 -1#1J Total Fenestration:540+65=605 sf. 2' Ln Facade width - 1 y„ :+ � r 1 R k Precedent Images:Fenestration at the pedestrian level creates an inviting,walkable environment. (4) Building Materials: Not less than 70 percent M of all new building facades(not including door and window areas)facing publicly accessible streets or open space shall be constructed of the following masonry materials: r a. Stone a b. Brick c. Terra cotta d. Patterned pre-cast concrete Facade width •� e. Cement plaster stucco Example: f. Cement board siding Facade Total:200 x 20=4,000 sf. g. Cast stone or prefabricated brick panels Door and Window Area:500 sf. Required Masonry:4,000-500 x.70=2,450 sf. O Approved Masonry Material:2,450 sf. O Non-approved Masonry Material: 1,550 sf. 24 N0VEMBER2021 CHAPTER4.1302 DISTRICT REGULATIONS (5) Building Entries ' Intent:The intent of building entries is to create a a pedestrian-oriented development in which i buildings are oriented toward publicly accessible '- • *.'111,1 streets and sidewalks. a. The principle building must have its main entrance from a public sidewalk or plaza, or from a private sidewalk or plaza that is publicly accessible through a public use easement. Interior buildings constructed as ` part of a campus development are exempt from these requirements(see Section(d)(4)c Campus Development). b. Primary entrances shall not be from a ` parking lot. c. Secondary entrances from parking lots are permitted. d. All public building entrances for commercial developments and primary entrances for ,f Y residential units must incorporate arcades roofs,porches,alcoves,or awnings that meµ; protect pedestrians from the sun and rain. e. Residential Entries Precedent Images:Individual street level residential entry/stoops 1. 1. Apartments,condominiums,and manor houses with street level units must provide individual street-oriented entries for each unit along the primary street frontage. Individual street oriented entries Ili 1 1 1 �w�p�■ 1 1 1 IL oil Ili- Illllllll M ar■ ■m■ 1 1 1 z .1 One-or-Twv(401y&strictwith an established residential MU-2 development street level units with street character individual street oriented entries 2. Apartments and condominiums must provide primary entrances at intervals not to exceed 125 linear feet of street- ILMN ® � oriented building frontage.Entrance spacing is measured from the edge of ®�� ® � door to the edge of the next door. N'Kl M i 3. Townhouses must have individual street- 14 125' oriented entries for each unit. 4. Manor houses must have a single primary entrance; NOVEMBER 2021 25 CHAPTER 4.1302 DISTRICT REGULATIONS 5. A duplex may have one primary entrance for each unit.Each primary entrance into a duplex must be provided under a shared porch or one of the entrances must be accessed from a side facade of the structure. f. Commercial Entries 1. Each retail use with exterior ground level exposure along a street or public space shall have an individual public entry from the street or public space. 2. Entrances to corner buildings with ground floor retail uses shall be located at the corner of the primary street. (h)Other Development Standards (1) Signs: In addition to the development standards in Chapter 6,Article 4,the following provisions apply: a. In addition to signs allowed in Chapter 6,Article 4,one or more attached project identifier or wayfinding signs may be erected on each facade of the occupied space. Note:Doors and windows shall be included in the calculation of the facade area. 1. Signs may have a total area of 10 percent(%)of the area of the facade to which the signs are attached,with a maximum aggregate area of 500 square feet per facade. 2. The facade area shall be calculated by multiplying the width times the height,with a maximum calculated height of 15 feet. 3. For structures exceeding 15 feet in height,allowable sign square footage shall be calculated as 0.75 square feet per linear foot of building facade. (2) Fences,Gates,and Walls a. Complexes with perimeter security fencing along public streets are prohibited. b. Fences shall not be located in the area a between the front building facade and public street frontage or public open space. c. Exterior fences and gates that are located along public streets,along private streets or walkways that are publicly accessible through a public use easement,or along publicly accessible open space shall not extend beyond building facades. d. All fences and walls along public street frontage or public open space that are taller than 4 feet must be open style. e. All fences and railings must be architecturally compatible with the character of the building and be constructed of high-quality materials ` including:wrought iron,composite fencing, , treated wood,aluminum,or metal.Chain link, , I barbed wire,and concertina wire material is euildin8 prohibited. _/ FaXade v Line 26 NOVEMBER 2021 CHAPTER 4.1302 DISTRICT REGULATIONS r f. All walls must be architecturally compatible 1011161 F' with the character of the building and constructed of high-quality materials including stone,decorative blocks,brick, cast stone,or stucco over standard concrete masonry blocks. }' g. For a private residential patio or yard,or a commercial outdoor dining area,a fence, + railing,or low wall may extend beyond the '° building facade if the following requirements are met: +' TrTn 1. Fences,railings,and walls must not exceed 4 feet(48")in total height as measured from the ground to the top of the fence,railing and/or the wall however; 2. For elevated residential stoops the total n r fence,railing and/or wall height must not exceed 5 feet(60")total. 1451 Precedent Images:Residential patio/stoop Precedent Images:Outdoor dining fenced patios (3) Service Areas Screening a. Trash and recycling collection,and other similar service areas,must be located to the side or rear of buildings and behind the primary structures on street frontages. b. All refuse and recycling collection containers for apartments/condominiums must be located on a concrete pad and shall be screened on 3 sides by an opaque fence or wall.The fourth side must be an opaque gate. c. The design,colors,and materials of screening elements shall be architecturally compatible with the character of the building. NOVEMBER 2021 27 CHAPTER4.1302 DISTRICT REGULATIONS (4) Mechanical Equipment Screening (5) Privately Owned Streets and Drives with Public Access Easements: Private streets and PERMITTED Fully drives with public access easements shall be J SCREENING Screened MATERIALS considered public streets or right-of-way for the from purpose of review for compliance with setbacks, Publicpocket parks,parking,screening,enhanced ALTERNATIVE Right-of- landscaping,facade variations,fenestration,and Way other MU-2 design requirements normally based (Alleys (A 2 on streets. excluded) • < (6) Drive-In Businesses Wall-Mounted 0 02 a. Drive-in businesses may be permitted in Roof-Mounted •1 accordance with the use tables in Chapter 4, Ground-Mounted 0 2 Articles 6 and 8,provided that no such use =Must be screened from abutting properties and the public street shall be permitted to sell alcoholic beverages 2I f an opaque wall or fence is provided,it shall be compatible with the for consumption on the premises.In the principle building in terms of texture,quality,material,and color. MU-2 district the following requirements Wall-Mounted Equipment shall apply: 1. Drive-through windows and stacking lanes shall not be located along facades of buildings that face a street,and where Required Screening possible shall be located to the rear of �— buildings; 2. Driveways shall not be located within the front yard setback between the building Public Right-of-Way front and the street; Roof-Mounted Equipment 3. The design and location of the facility E Required Screening shall not impede vehicular traffic -- flow and shall not impede pedestrian movement and safety.To minimize conflicts with vehicular and pedestrian circulation,shared driveways and/or driveways located off of non-arterial streets shall be used,where possible; 4. Architectural elements,landscaping and/ or other screening elements shall be Public Right-of-Way provided to minimize the visual impacts Ground-Mounted Equipment of the drive-through facility;and 5. The design and location of the facility hall be consistent with any design standards or guidelines that may be applicable to the pertinent district. Required Screening Public Right-of-Way 28 NOVEMBER 2021