Pine+up+district Draft+5.2

Section 6-3-30 UP Uptown District Regulations

Section 1. Scope of Provisions Section 2. Purpose and Intent Section 3. Definitions Section 4. UP District Subareas Section 5. Permitted Principal uses Section 6. Open Space Requirements Section 7. Parking and Access Section 8. Sidewalk Area and Streets Section 9. Site Limitations Section 10. Street Facades Section 11. General Requirements Section 12. Screening Loading and Service Areas Section 13. Affordable Housing Requirements and Incentives

Section 1. Scope of Provisions The regulations set forth in this Section, or set forth elsewhere in the City Code when referred to in this Section, are the regulations in the UP Uptown District Regulations, sometimes referred to elsewhere in the City Code as the Mixed use District. In addition to this district regulation, all City Development Standards shall apply. Section 2. Purpose and Intent The purpose and intent of this Section in establishing the UP District is as follows. 1. Encourage a variety of innovative design solutions, which reflect the diverse and creative character of Pine Lake residents, highlight the dynamic arts and cultural interests and activities of the City, encourage social engagement of residents and visitors, and fully integrate Uptown into the life of the community. 2. Establish requirements and incentives for a range of housing choices, including supporting and sustaining elderly and work force housing opportunities. 3. Establish basic building and sidewalk requirements, which result in a physical environment, experience and character that supports and enhances pedestrian-oriented businesses, and encourages quality improvements and investments in a mix of uses, while allowing flexibility of design.

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4. Foster and nurture a vital and sustainable local Uptown economy that accommodates present-day lifestyles, while being strongly grounded in protecting and enhancing environmental systems, and in encouraging and supporting arts and cultural activities. 5. Foster a new Uptown that is designed and constructed in such a way that buildings have a sense of longevity and permanence, are constructed using recyclable and renewable materials and methods, and can accommodate a variety of uses over time. 6. Emphasize Pine Lake’s interest and investment in being an innovative 21st Century Community that supports progressive and creative art, culture, architecture and technology in building a healthy and sustainable community. 7. Maximize Uptown’s economic benefits, and improve the quality of life of residents, through regulations that support a healthy and sustainable economy, new jobs and business opportunities, stable property values, strong diversified local economies, and a balanced mix of uses. 8. Manage the impacts of visitors on the local infrastructure by planning for and providing adequate sidewalks, parking, access, accommodations, services, and amenities. 9. Implement public streets, sidewalks and public areas that are safe, attractive and convenient, provide comfortable walking access from adjacent Residential s, foster community-oriented events and activities, and engage businesses in the life and welfare of the community. Section 3. Definitions The following definitions apply to the UP District. Words used in this District but not defined here shall be as defined by The Zoning Ordinance, as amended hereafter. ACCESSORY DWELLING UNIT: A dwelling unit not greater than seven hundred fifty (750) square feet or forty (40) percent of the floor area of the primary dwelling unit, whichever is less, located in an outbuilding and located on the same lot with the primary dwelling unit. BUILD-TO LINE: The line along which the building Street Facade or Street Wall is required to be located. The distance between the Build-to Line and the nearest street curb is equal to the Sidewalk Area width requirements, except where Public or Private Open Space is adjacent to the Sidewalk Area, in which case the Build-to Line shall extend around the perimeter of such Open Space. Requirements include the minimum Street Facade requirements for principal structures along the Build-to Line. UPTOWN DISTRICT: The area regulated through the requirements in this District and depicted on the official City Zoning Map.

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HABITABLE SPACE: Covered and conditioned building floor area utilized for any principal permitted use except parking, storage, digital industry switchboards, power generators, and other relay equipment. MULTIFAMILY: A building containing more than one residential unit. OPEN SPACE: Private Open Space and Public Open Space appropriately improved for pedestrian use and amenity and not including areas used for motorized vehicles, except for incidental service, maintenance, or emergency actions only. Open Space shall be exterior and computed as the total square footage of said spaces. Open Space shall meet the requirements of at least one of the following types. 1.

PRIVATE OPEN SPACE: Open Space that is private courts, fields, lawns, gardens, terraces, or balconies, which restrict access to residents of adjacent development.

2.

PUBLIC OPEN SPACE: Park, Plaza, or Hard Surface Trail that is open to the public during normal City park hours; Street Medians and Street Islands; and Sidewalk Area requirements located on private property.

3.

PARK: A Public Open Space that provides recreation amenities and gathering places. A Park shall have streets along a minimum of fifty (50) percent of its perimeter and shall have no more than twenty (20) percent of its area covered with impervious surfaces, with the exception of Hard Surface Trails.

4.

PLAZA: A Public Open Space that is fronted by buildings, either civic or private, and is available for public activities, but may have public access limited for the purposes of providing outdoor dining areas. A Plaza shall have streets along a minimum of thirtyfive (35) percent of its perimeter and a landscape consisting of durable pavement, trees and other plant materials.

5.

SQUARE: A Plaza that has streets along 100% of its perimeter and may or may not consist of durable pavement.

6.

STREET MEDIANS AND STREET ISLANDS: A Public Open Space that is surrounded by a street and located entirely within a public right-of-way and not intended for active or passive recreational use. Such area is landscaped and may contain sculpture, fountains, flags, or similar features.

7.

HARD SURFACE TRAIL: Hard-surface, multi-use trails for use by pedestrians and nonmotorized vehicles that shall have a minimum width of ten (10) feet of trail surface, or as otherwise required by the City, with green space on either side. Boardwalks, bridges, and pervious concrete are permitted within flood plains and stream buffers; other trails shall be concrete or asphalt as approved by the City.

OUTBUILDING: An ancillary building, such as a garage, workshop, or Accessory Dwelling Unit located toward the rear of a lot in the Uptown Primarily Residential Subarea or Pine Lake DRAFT 5/12/2008

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Residential Districts, and in the same lot containing a single-family dwelling or Townhouse. It may be connected to such dwelling by an unheated walkway or breezeway. Outbuildings shall not exceed an area of eight hundred and fifty (850) square feet or forty (40) percent of the size of the primary structure, whichever is greater; nor shall they exceed thirty-five (35) feet in height or the height of the principal structure, whichever is less. REGULATING PLAN: An area map, or series of maps, that are referenced on the UP District Zoning Map and illustrates a plan for the location or alignment of desired new public amenities such as streets, blocks, alleys, trails and parks. UPTOWN RESIDENTIAL TREATMENT: An architectural treatment that: 1.

Is provided on a Street Facade.

2.

Provides habitable space for a minimum of the first twenty (20) feet in depth of the entry level floor behind the Street Facade.

4.

Provides windows for a minimum of thirty (30) percent of the total Street Facade area, with the facade of each unit and each floor of a unit, being calculated independently, which provides views from each interior living space to the outside.

5.

Provides an entry stoop or porch along the Build-to Line at a primary Sidewalk Area level entrance, when the Residential Treatment is provided on the Street Facade.

SIDEWALK AREA: Begins at the street curb, including intervening driveways, and consists of a contiguous Sidewalk Landscape Zone, Sidewalk Clear Zone, and Sidewalk Supplemental Zone as described below. SIDEWALK LANDSCAPE ZONE: The portion of a Sidewalk Area adjacent to the street curb and reserved for the placement of trees, groundcover, and street furniture including utility poles, waste receptacles, fire hydrants, traffic signs, traffic control boxes, tree grates, newspaper boxes, bus shelters, sandwich boards as defined under the Sign Ordinance, bicycle racks, and similar elements in a manner that does not obstruct pedestrian access or motorist visibility. SIDEWALK CLEAR ZONE: The portion of a Sidewalk Area that is reserved for pedestrian passage and is unobstructed by permanent objects to a height of eight (8) feet including but not limited to steps and stoops, traffic control boxes, and utility structures. The Sidewalk Clear Zone shall be adjacent and between the Sidewalk Landscape Zone and the Sidewalk Supplemental Zone and shall have a consistent cross-slope not exceeding two (2) percent. SIDEWALK SUPPLEMENTAL ZONE: The area between the back of the Sidewalk Clear Zone and the Build-to Line. Adjacent to Storefront Treatments, Sidewalk Supplemental Zones may be used for pedestrian amenity elements such as benches, merchandise display, potted plants, and decorative fountains. Outdoor dining is permitted only when adjacent to DRAFT 5/12/2008

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bars/eating premises and establishments. Public access may be restricted only for areas adjacent to Residential Treatment, and for outdoor dining areas when adjacent to Storefront Treatments or on designated Storefront Streets Elements that are prohibited in the Supplemental Zone include: recreation areas and facilities such as swimming pools and tennis courts; fences and walls greater than forty (40) inches in height; service elements such as large trash and garbage containers often called Dumpsters, loading docks and similar elements; mechanical features; and parking.. Adjacent to required Storefront Treatments, or on designated Storefront Streets, no element shall be attached to the Sidewalk Supplemental Zone in any way. STOREFRONT STREET: A street with requirements for continuous Storefront Treatment along the Build-to Line, with the exception of designated historic buildings. STOREFRONT TREATMENT: An architectural treatment that: 1.

Is provided on the Sidewalk Area level of a Street Facade.

2.

Provides habitable space for a minimum of the first twenty (20) feet in depth behind the Street Facade.

3.

Provides a display window area with the following characteristics. a.

A non-glass bulkhead or knee wall beginning at grade and extending to a point no less than eight (8) inches but not more than twenty-four (24) inches above the Sidewalk Area at the Build-to line.

b.

Glass display windows a minimum of seventy-five (75) percent of the length of the built portion of the Build-to line, which shall begin at the top of the bulkhead or knee wall, and shall have a height not less than twelve (12) feet above the Sidewalk Area at the Build-to Line below the base of the window. For this purpose, entrance doors shall be counted towards glass display window area. Such glass shall provide views into display windows that have a minimum depth of thirty (30) inches into and are accessible from the building interior.

c.

Primary pedestrian entrance doors on the Street Facade, which shall be recessed a maximum of ten (10) feet from the exterior facade, and shall remain unlocked during normal business hours, and have a surface area that is a minimum of seventy (70) percent glass.

d.

A glass transom is permitted to be located along the Street Facade of a structure above the glass display windows and the entry door and, when utilized, shall have a minimum height of twenty-four (24) inches.

e.

No Street Facade length shall exceed twelve (12) feet without intervening glass display windows or glass entry doors.

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4.

A non-glass sign band located directly above the display window or glass transom having a minimum height of thirty (30) inches, without an intervening projection or structure.

6.

Street address numbers, a minimum of six (6) inches in height located directly above the primary pedestrian entrance.

7.

Any Sidewalk Area entrance level drop ceiling, recessed a minimum of thirty (30) inches from the display window or transom opening.

8.

Finished floor to finished ceiling height a minimum of sixteen (16) feet. Finished ceiling slab height shall not be considered finished ceiling height.

STREET FACADE: The exterior wall of a building, not including extruding structures such as porches, stoops, or bay windows, which is located facing or along the Build-to Line or street without an intervening building or Street Wall. STREET FACADE FRONTAGE: The percent of Street Facade along the Build-to Line. STREET WALL: A wall no less than seventy-five (75) percent opaque built along the Build-toLine and coplanar with the Street Facade, often for the purpose of masking a parking lot from the street. Street Walls shall be a minimum of forty (40) inches in height, and consist of dense evergreen hedge or constructed of a material matching the adjacent Street Facade. Street Walls shall be discontinued no more than necessary to allow automobile and pedestrian access. Street Walls greater than fifty four (54) inches in height shall have other individual openings not exceeding four (4) square feet in area each, at a height not less than forty (40) inches. TOWNHOUSE: Attached single-family residential structure in which no residential unit is directly above or below another residential unit.

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Section 4. UP District Subareas The UP District, which includes the following Subareas designated as UP-C, UP-T, and UPMR, are hereby established and incorporated into the official City Zoning Map. 1.

UP-C, Uptown Core permits a mix of retail, office, lodging, and residential uses in mixed-use buildings. Individual retail and service establishments are limited to a maximum size of eight thousand (8,000) square feet. All streets are Storefront Streets and, as such, only Storefront Treatment of the ground floor is allowed.

2.

UP-T, Uptown Transitional permits a mix of retail, office, lodging and residential uses in mixed-use buildings at a scale greater than that permitted in the UP-C. Both Residential Treatment and Storefront Treatment is allowed. Individual retail uses are limited to eight thousand (8,000) square feet; except that one pharmacy is allowed at a maximum of fifteen thousand (15,000) thousand square feet and one grocery is allowed up to thirty- thousand (30,000) square feet; and other exceptions as listed in the Principal Permitted Uses Table.

3.

UP- MR, Uptown Mixed Residential encourages primarily office and residential uses. Only Residential Treatment is permitted, and non-office and non-residential establishments are limited to the first floor and a maximum of three thousand five hundred (3,500) square feet, with exceptions as listed in the Principal Permitted Uses Table.

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Section 5. Principal Permitted Uses SP: Special Permit – Permitted Use, must meet special criteria to mitigate potential adverse effects on people’s use and enjoyment of adjacent property, streets and public spaces, such as traffic, parking, access, hours of operation, noise, odors, dust, light, blocking sunlight, and visual effects. See additional regulations. UP-MR Uptown ■ = Uses permitted x = not permitted UP-C Uptown UP-T Uptown Mixed Residential Core Transitional max = maximum k= 1,000 sf = square feet Max 3 rooms Max 3 rooms Max 4 rooms Residential Dwelling, one-family or single-family ■ ■ ■ Dwelling, two-family or duplex ■ ■ ■ Dwelling, multi-family ■ ■ ■ Dwelling, group living SP SP SP General Commercial Max. sf of retail, office, service, eating / drinking 8,000 sf ** 15,000 sf ** 2,500 sf ** Commercial recreation max 2k sf x ■ x Commercial pay-to-park lots SP SP x Event entertainment max 8k sf SP SP SP Indoor entertainment max 8k sf ■ ■ SP Theaters/art/museums ■ ■ ■ Adult use establishments x x x Eating and drinking premises and establishments ** ■ ■ SP Bars ** ■ ■ x Offices - general ■ ■ ■ Medical centers and clinics SP SP x Small animal veterinary clinics Retail sales - No single sales of cigarettes or beer ■ ■ ■ Service Personal service oriented ■ ■ ■ Quick vehicle servicing SP ■ x Repair oriented, not vehicles ■ ■ ■ Vehicle repair SP ■ x Wholesale max 8k sf ■ ■ x Hotel Hotel, small hotel (eight rooms or less) ■ ■ ■ Hotel, medium (nine to thirty-five rooms) ■ SP x Hotel, large (greater than thirty-five rooms) SP SP x Warehousing, Waste, Manufacturing, Industrial Industrial and industrial service x x x Light manufacturing /production max 8k sf * ■ ■ ■ Self-storage x x x Warehouse and freight movement x x x Waste related; including salvage and junk yards x x x Other Uses Parks and open space ■ ■ ■ Community services SP SP SP Day-care facility SP SP SP Detention facilities SP SP SP Private clubs SP SP SP Religious institutions and churches – min ½ acre SP SP SP Radio and frequency transmission facilities SP SP SP Schools/Colleges/Universities SP SP SP Utilities; Corridors for Public Transit and Utilities SP SP SP Note: **In each subarea, the total leasable area for bar and restaurants shall not exceed twenty five (25) percent of the gross leasable area of Sidewalk Area level commercial space for that subarea. *Wholesale/light manufacturing /production - max 40 linear ft frontage, min 20 ft depth retail sales along front facade.

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Section 6. Open Space Requirements All Open Space requirements and Open Space locations shall be subject to ARB review. Developments shall be required to dedicate a minimum of twenty (20) percent of the lot area for Open Space. Sidewalk Area requirements located on private property shall counts towards Open Space requirements and shall have precedence over all other types of Open Space; additional Open Space requirement areas shall be located either within the confines of subject development or, if agreed upon by both the property owner and the City, at a proximate location. In addition to the definition requirements, Open Space shall be dedicated, designed, and constructed pursuant to the following regulations. 1.

Detention ponds and required stream buffers shall not be used in Open Space calculations.

2.

The owner shall submit a maintenance agreement establishing a mechanism for maintaining Open Space dedication located within subject development.

3.

Open Space requirements shall be constructed or dedicated as part of the first phase of construction, at a minimum in an amount equivalent to the first phase proportion of the total development.

4.

Open Space dedication shall be guaranteed through one of the following mechanisms, and recorded through appropriate legal documentation attached to the required ARB approval: bonds, conservation easements, land donation, or permanent deed restriction.

5.

Non-residential development shall provide Public Open Space, which shall be open to the public during normal business hours and other normal park hours as determined by the City. Residential development may provide either Public or Private Open Space.

6.

New development with wetlands or adjacent to wetlands shall provide continuous public access adjacent to or through such wetlands, as approved by the City. Such public access shall have appropriate boardwalks or other walking surface approved by the City, with a minimum width of ten (10) feet; and shall connect with, or provide for future connection with, adjacent parcels’ public access.

7.

In addition to Open Space and Sidewalk Area as defined in this District, public trails, public wetlands access, and required new public streets that are constructed on private property shall be counted toward Open Space requirements.

Section 7. Parking and Access 1.

No parking shall be permitted between a building and the street without an intervening building, except where such existing parking is grandfathered.

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2.

New developments shall have no more than three hundred sixty (360) ground level parking spaces that are not either underneath an occupiable building, or in a parking deck that meets district requirements. Shared parking is encouraged.

3.

Developments are permitted a maximum of one (1) driveway curb cut per block face or one (1) curb cut per four hundred (400) linear feet of block face, whichever is greater. For the purposes of this Section, two (2) curb cuts serving two (2) one-way driveways shall only be counted as one (1) curb cut.

4.

Circular drives are prohibited, with the exception of hotels, in the UP-T Subarea.

5.

No driveway curb cuts, driveways, or circular drives shall be permitted on any arterial street when access can be provided from a side or rear street.

6.

Driveway curb cuts shall be limited to a one-way maximum width of twelve (12) feet or a two-way maximum width of twenty-four (24) feet.

7.

Location of new driveway curb cuts is subject to an ARB approval.

8.

Any parking not screened from the street by a building or a Street Wall shall have a minimum seven (7) foot wide landscaped area between such parking and the street. Such landscaped area shall have a minimum of one (1) shade tree per fifty (50) linear feet, groundcover, and an evergreen hedge at a maximum of thirty-six (36) inches. Trees and street lighting shall be placed in line with the side stripes of adjacent parking spaces.

9.

Where the end of a parking space has a permanent concrete or masonry curb and abuts a landscaped area that is a minimum width of six (6) feet, the required minimum depth of such space shall be reduced by two (2) feet.

10.

Commercial park-for-hire surface lots are not permitted, except that individual businesses may lease spaces under a shared parking arrangement.

11.

Paving materials, other than asphalt and concrete, used for parking and loading areas, and for sidewalks and plazas, shall be subject to an ARB approval.

12.

Required parking may be provided off-site within one thousand (1,000) feet of the use that it serves.

13.

Angled on-street parking, where permitted on new streets, shall meet the following dimension requirements. Forty-five (45) degree angled parking shall require a parking space length of nineteen (19) feet and two (2) ten(10)-foot-wide travel lanes. Sixty (60) degree angled parking shall require a parking space length of twenty (20) feet and two (2) eleven(11)-foot-wide travel lanes. Ninety (90) degree angled parking shall require a parking space length of eighteen (18) feet and two (2) twelve (12)-foot wide travel lanes.

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14.

Reduction of parking requirements may be permitted, subject to a shared parking arrangement and the following additional criteria. a.

The minimum number of parking spaces for a development where shared parking is proposed shall be determined by a study prepared by the applicant following the procedures of the Urban Land Institute (ULI) Shared Parking Report or Institute of Transportation Engineers (ITE) Shared Parking Guidelines. The actual number of parking spaces required shall be based on well-recognized sources of parking data such as the ULI or ITE reports. If standard rates are not available or limited, the applicant may collect data at similar sites to establish local parking demand rates. If the shared parking plan assumes use of an existing parking facility, then field surveys shall be conducted to determine actual parking accumulation. If possible, these surveys shall consider the seasonal peak period for the combination of land uses involved.

b.

All shared parking spaces shall be clearly marked as such; and

c.

An applicant shall submit the following information as part of an application to reduce parking requirements and avoid conflicting parking demands. i.

A to-scale map indicating location of proposed parking spaces

ii.

Hours of business operation of nonresidential parking users

iii.

When parking is provided off-site, written consent of property owners agreeing to the shared parking arrangement

iv.

Copies of parking lease agreement, easements for parking, or notarized letter or sworn affidavit as to the intent of lease agreement, including renewed leases, shall be filed with the City Manager, or designee. Lapse of a required lease agreement, or failure to file leases, shall terminate approval for shared parking, and thereby terminate related approval of parking reduction.

14.

Rear alley access shall be provided to Townhouse, Multifamily and, single-family dwelling garages, and commercial garages and loading and service areas, where such access is feasible.

15.

All required off-street parking for Townhouses, Multifamily, and Accessory Dwelling Units shall be met on-site or in an adjacent garage or parking structure located with in the Uptown District.

16.

Bicycle or moped parking spaces are required as follows. a.

All new non-residential uses shall provide one (1) such space for every twenty (20) automobile spaces and new Multifamily uses shall provide one (1) such

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space for every five (5) units provided that no such uses shall have fewer than two (2) such spaces or be required to exceed thirty (30) spaces. b.

Such spaces shall be located within the Sidewalk Landscape Zone a maximum distance of one hundred (100) feet from the primary pedestrian entrance, or a distance as close as the closest automobile space, except for handicapped spaces.

c.

Bicycle parking spaces shall include a bike rack with a metal anchor sufficient to secure the bicycle frame when used in conjunction with a user-supplied lock.

17.

Garages and carports shall not face adjacent streets except where alley access is not feasible, in which case such garages and carports shall be set back a minimum of five (5) feet from the Street Facade, not including porches and stoops, and a minimum of eighteen (18) feet from the required Sidewalk Area.

18.

Eating and drinking establishments that provide a free ride within Pine Lake or within a one-mile driving distance outside of the City of Pine Lake shall be permitted to reduce their required number of parking spaces by fifteen (15) percent. Use of a fuel efficient vehicle for this purpose shall permit reduction of one (1) additional parking space.

Section 8. Sidewalk Area and Streets 1.

Whenever a development five (5) acres or greater is to be developed or redeveloped, maximum block sizes requirements shall apply in each subarea, and shall be defined by streets but not alleys, as indicated on the Site Limits Table. Alleys are required to provide parking and service access. The right-of-way for all new streets shall be platted on a final survey plat according to specified street requirements as indicated below and on the Street Type Tables. The owner is responsible for the dedication of the right-ofway in accordance with the provisions of the Land Development Ordinance. Measurements involving minimum block and lot standards shall be made at the edge of the full right-of-way. Prior to the issuance of a Certificate of Occupancy (CO) for any such development, the street shall be either constructed or guaranteed through bonds to the standards established herein. Building floor area that would have otherwise been allowed within such dedicated street right-of-way shall be allowed to be developed elsewhere on the site through an administrative Variation from height requirements.

2.

New streets shall be a local street. See Street Type Tables.

3.

Dead-end and cul-de-sac streets are prohibited.

4.

A Sidewalk Area shall be located along all streets, and shall consist of a Sidewalk Landscape Zone with street trees, an unobstructed Sidewalk Clear Zone, and a Sidewalk Supplemental Zone, with width requirements as indicated on the Street Type Table – Sidewalk Area and Hard Surface Trail Requirements.

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5.

Any paving, including concrete, special or decorative paving, within the Sidewalk Landscape Zone, Sidewalk Clear Zone, or Sidewalk Supplemental Zone shall continue across any intervening driveway.

6.

Within the Sidewalk Landscape Zone, the following applies.

7.

a.

Street trees are required as indicated in the Street Type Table – Sidewalk Area and Hard Surface Trail Requirements. Street trees shall be planted a maximum of fifty (50) feet on center and spaced equal distance between streetlights and in line with stripes of parallel parking spaces. All newly planted trees shall be a minimum caliper of three and one-half (3.5) inches measured twelve (12) inches above the ground, shall be limbed up to a minimum height of seven (7) feet, and shall have a minimum mature height of forty (40) feet. Trees planted in front of Storefront Treatments shall be limbed up to a minimum of ten (10) feet and have a minimum mature height of fifty (50) feet. Trees shall have a minimum planting area of forty (40) square feet.

b.

The tree planting area shall also be planted with evergreen ground cover such as Liriope, Mondo Grass, or other evergreen ground cover as approved by the City.

c.

Any unpaved space between required tree planting areas shall be planted with evergreen ground cover or, when located on arterial streets and not adjacent to onstreet parking, evergreen shrubs with a maximum mature height of three (3) feet as approved by the City.

d.

All street furniture and pavers where installed, and all street trees shall have a location and type subject to approval by the City Manager or designee, including but not limited to the following: benches, waste receptacles, tree grates, bicycle racks, newspaper stands, and pedestrian lights. Tree grates shall be a minimum of eight (8) feet by five (5) feet. Decorative pedestrian lights shall be placed a maximum of fifty (50) feet on center and spaced equal distance between required street trees.

e.

Street tree requirements within the Sidewalk Landscape Zone may be met or exceeded through landscape bulb-outs between on-street parking spaces.

f.

All trees with a minimum diameter of twenty four (24) inches at breast height and located within fifty (50) feet of the right-of-way of an arterial route shall be preserved. Tree protection measures for each affected site shall be identified on a site plan and be approved by the ARB. No building or parking area shall be permitted within a seventy-five (75) foot radius of any such tree improperly removed.

Within the Sidewalk Supplemental Zone the following applies.

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a.

Terraces, porches, and stoops, not including stairs, shall be permitted to encroach a maximum depth of sixty (60) percent of the total zone depth. Terraces, porches, and stoops that are not a required “accessible route into and through the dwelling unit,” as established by Sec. 804 [42 U.S.C. 3604] (3) (C) (iii) (I) of the Fair Housing Act, shall have a minimum finished floor height of twenty-four (24) inches above the Sidewalk Area grade; such terraces, porches, and stoops shall not be considered Street Facade.

b.

The UP-T (Transitional) Subarea shall provide landscaping for a minimum of forty (40) percent of the zone’s horizontal area adjacent to Sidewalk Area level Residential Treatments.

c.

Hardscaping shall be provided for a minimum of eighty (80) percent of the zone’s horizontal area adjacent to Storefront Treatments.

d.

Buildings with no Sidewalk Supplemental Zone and that existed before the adoption of the UP District may have outdoor dining encroach a maximum of two (2) feet into the Sidewalk Clear Zone, measured from the Street Facade.

e.

Sidewalk Supplemental Zone width requirements may be administratively reduced, provided that the Sidewalk Area is adjacent to a Storefront Treatment, and provided that the Sidewalk Landscape Zone is increased by an additional minimum width of six (6) feet for purposes of locating outdoor dining.

Street Type Table – SIDEWALK AREA Requirements – Uptown Uptown District Required new streets and any new public streets and new Sidewalk Areas are subject to the following requirements. SIDEWALK SIDEWALK CLEAR LANDSCAPE ZONE ZONE Minimum Width** Minimum Width Arterial/Collector with STOREFRONT 7 ft +

10 ft

TREATMENT

Arterial/Collector with RESIDENTIAL 7 ft+

10 ft

TREATMENT

Local Street with STOREFRONT TREATMENT

Local Street with RESIDENTIAL TREATMENT

7 ft

10 ft

7 ft

6 ft

SIDEWALK SUPPLEMENTAL ZONE Minimum Width

Street Trees in SIDEWALK LANDSCAPE ZONE

Total SIDEWALK AREA Width Minimum to Maximum*

-Max. 50 ft o.c. 10 ft hard surface equally spaced between street lights 10 ft with min. and in line with 50% landscaped parking stripe 27 to 35 ft area (unless parking is permitted in 5 ft hard surface LANDSCAPE ZONE)** -Limbed up to min. 9 ft with min. 30% 7 ft. above Sidewalk Area, with min. 49 landscaped area SF planting area

* Total width includes SIDEWALK LANDSCAPE ZONE, SIDEWALK CLEAR ZONE, and SIDEWALK SUPPLEMENTAL ZONE. **Parking may be located in SIDEWALK LANDSCAPE ZONE by administrative Variation when Sidewalk Area width is restricted.

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Street Type Table – Street Pavement Requirements** The existing and new streets shall be subject to the following. Lane Width

On-Street Parking Required where Feasible

Total Street Pavement Width** (not including median or parking)

10 to 12 ft

7 to 8.5 ft

34 to 66 ft

10 to 12 ft–

7 to 8 ft

34 to 66 ft

2

10 to 11 ft

7 ft

34 to 36 ft

2

9 to 11 ft

7 ft

32 to 36 ft

Number of Total Travel Lanes* Arterial/Collector with STOREFRONT 2 TREATMENT

Arterial/Collector with RESIDENTIAL 2 TREATMENT

Local Street with STOREFRONT TREATMENT

Local Street with RESIDENTIAL TREATMENT

* Not including center turn lanes. **Dimensions do not include required curbs.

Street Type Table – Alley Requirements Required new alleys and any new public alley shall be subject to the following. Pavement Width

Alley Shoulder Minimum Width

R.O.W. Width

Setback Minimum from Alley

Right-of-Way Line Requirements

4 ft paved

F1 (Mixed-Use and commercial 18 to 20 ft Service) F2 (Townhouse and Multifamily 10 to 12 ft service )

26 to 28 ft

None

None

4 to 6 ft grass or 20 to 24 ft crushed stone

None

Garage wall or other wall minimum 6ft in height

F3 (Single-Family 10 ft Service)

5 ft grass or crushed stone

Continuous fence or wall along 18 to 20 ft with R.O.W. line between parking garage or parking pad pads, 40 inches to 6ft in height

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20 ft

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Section 9. Site Limitations 1.

Where Street Facade Frontage requirements are satisfied by existing principal buildings, additional principal buildings shall be exempt from these requirements.

2.

Any balconies, awnings, and bay windows may encroach into any Sidewalk Supplemental Zone or required setback a maximum depth of three (3) feet.

3.

Walkways with a minimum width of four (4) feet shall be provided from the closest public Sidewalk Clear Zone to the primary entrance of all buildings and structures not built to the Sidewalk Area, including parking structures.

Site Limits Table, Uptown District Minimum Requirements

UPTOWN DISTRICT SUBAREAS UP-C

UP-T

UP-MR

Uptown Core

Uptown Transitional

Uptown Mixed Residential

Lot area (square feet)

1200

2,000

1,000

Lot width (feet)

18

20

40

STREET FACADE FRONTAGE required %

100

100

80

0 with alley 20 with no alley

0 with alley 20 with no alley

0

0 or 5 at alley

1,800 / 600

1,600 / 600

„

„

Rear setback (feet) (20 ft setback required adjacent to 0 Residential District) Side setback (feet) (20 ft setback adjacent 0 to Residential District) Block size perimeter / block face (feet) Parking served by alley when feasible

DRAFT 5/12/2008

1,600 / 400 „

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Section 10. Street Facades The Street Facade along the Build-to Line of all new and renovated buildings and structures shall have the following requirements. 1. Sidewalk Area level uses, including but not limited to dwelling units, multifamily lobbies, and individual business establishments, shall have a primary pedestrian entrance, which shall face and be visible from, and directly adjoin, the required Sidewalk Area or adjoining Open Space. Where an individual use has a Street Facade on more than one (1) street, such entrance requirement shall apply along a Storefront Street or, when on other streets, such requirement shall apply along the higher order of streets in the order of arterial, collector, or local street. Where both streets are the same order, entrance orientation may be to either street. Where an historic structure is being renovated, such entrance locations may reflect those of such historic structure. 2. All buildings with more than four (4) Sidewalk Area level residential units along a single street shall have individual entrances to such units directly accessible from the required Sidewalk Area or adjoining Open Space. All walkways providing such access shall be shared by no more than two (2) adjacent units. 3. The first two (2) stories of Street Facade, including foundations, shall be granite, brick, cast stone, hard-coat stucco of portland cement, concrete siding such as Hardiplank, and natural wood or other natural stone, with the exception of pedestrian entrances and windows. In UP-C such requirements shall apply to the entire building facade along arterial and collector streets and building facades seen from such streets. 4. Awnings shall be of fabrics, canvas, fixed metal, or similar material. Internally lit awnings and canopies that emit light through the awning or canopy material are prohibited. 5. Blank, windowless walls are prohibited. Each occupiable room adjacent to the Street Facade shall have Street Facade windows with external views 6.

With the exception of Storefront Treatment, which has specific requirements, all other building stories shall have windows and doors with glass that equal a minimum of thirty (30) percent of the total Street Facade area with each story being calculated independently. Such glass shall not be tinted, painted, or otherwise treated such that views into the building are obstructed.

7. Required glass panels in Storefront Treatments shall be clear and unpainted, and shall not be tinted such that views into the building are obstructed, with the exception of transoms, which may be prism glass. 8. Entry facade window trim shall not be flush with the exterior wall and shall have a minimum relief of one-quarter (¼) inch from the exterior wall. DRAFT 5/12/2008

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9. Window frames shall be recessed a minimum of two (2) inches from the exterior facade. 10. Stoops and entry-level porches shall not be enclosed with screen wire or glass. 11. Porch and arcade columns shall be a minimum width of seven (7) inches. 12. Residential porches shall be covered and have a minimum depth of five (5) feet, a minimum length of six (6) feet and a minimum area of forty (40) feet. 13. Exterior entry steps shall have enclosed risers. 14. Parking structures shall conceal automobiles from visibility; shall have the appearance of a horizontal storied building on all levels; shall be faced in brick, stone, cast stone, poured-in-place rubbed concrete or tabby concrete, or pre-cast concrete faced in or having the appearance of brick or stone, or faced with Hardiplank. 15. The minimum building height as measured along the Build-to Line shall be twenty-four (24) feet in the Up-C and Up-T Subareas and twenty (20) feet in all other areas. Maximum heights are as indicated in the Street Facade Requirements Table. 16. Buildings may have an increased maximum height as indicated on the Street Facade Requirements Table, as follows: a. LEED certified buildings. b. Properties that provide Affordable Housing which meets the criteria of xxxxxxx, may increase the area of the building by the same area as the additional Affordable Housing, up to a maximum height indicated on the Street Facade Requirements Table. c. Properties which provide additional public open space that meets the openspace requirements of this District, which shall be in addition to minimum openspace requirements, may increase the area of the building by the same area as the additional public openspace, up to a maximum height indicated on the Street Facade Requirements Table. 17. All buildings along the Build-to-Line have heights requirements and architectural treatments as shown on the Street Facade Requirements Table.

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Street Facade Requirements Table UPTOWN DISTRICT Subareas

100% STOREFRONT TREATMENT at

UP-C

UP-T

UP-MR

Uptown Core

Uptown Transitional Uptown Mixed Residential

„

STREET FACADE FRONTAGE

RESIDENTIAL TREATMENT

STOREFRONT TREATMENT or RESIDENTIAL TREATMENT at

„

„

STREET FACADE FRONTAGE

Building Height Maximum * LEED Certified *Affordable Housing *additional openspace

2 ½ stories/35 ft or 2 stories/30 ft adjacent to Residential district

4 stories/ 60 ft

3 stories/48 feet

* 5 stories/ 72 ft

* 4 stories/ 60 ft

* 3 stories/ 45 ft or 2 ½ stories/35 ft adjacent to residential district

Min 24 ft

Min 20 ft

Min 20 ft

Sidewalk Area level

Sidewalk Area level Sidewalk Area level story 20 ft story 20 ft

Minimum STOREFRONT TREATMENT finished story 24 ft floor to finished ceiling height

10 ft other story

RESIDENTIAL TREATMENT finished floor to finished ceiling height

NA

10 ft other story

Sidewalk Area level story 12 ft Sidewalk Area level or 10ft adjacent to Residential story 10 ft District 9 feet other

DRAFT 5/12/2008

9 ft other story

9 feet other

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Section 11. General Requirements 1. The primary Sidewalk Area level pedestrian entrance to all retail and bars/eating premises and retail establishments shall remain unlocked during business hours. 2. The primary Sidewalk Area level pedestrian entrances to all individual businesses and residential units shall be adjacent to required Sidewalk Area or Open Space. 3. Building facade materials, with the exception of cornerstone treatments, archways, headers and columns, shall be combined such that the heavier appearing material is below the lighter appearing material. 4. Chimneys shall be masonry and shall extend to the ground. 5. All roofs shall have a minimum 25-year roof and no visible roll roofing. 6. All unpaved ground surface area shall not be exposed earth and shall be landscaped with plants such as grass, groundcover, shrubs and trees, with the exception of seasonal flower beds, which shall be mulched during non-growing seasons, and seasonal vegetable gardens. 7. The height of walls and fences shall be measured from the nearest ground-level grade, regardless of the location of the base of the fence or wall. The maximum height of walls including retaining walls, fences, or wall and fence combinations, which are located in an area between the street and the maximum distance of the principal structure’s Street Facade from such street, shall not exceed forty (40) inches and in other areas shall not exceed six (6) feet. 8. Screening walls within ten (ten) feet of the street shall not exceed four (4) feet in height, and fences located on top of such walls shall not exceed a total wall and fence combination of (6) feet. 9. The maximum height of walls surrounding decks, porches, balconies, terraces, patios, or similar structures, shall not exceed forty-two (42) inches. 10. Fences and walls located along the alley right-of-way line or adjacent property line shall be between forty (40) inches and six (6) feet in height and seventy-five (75) percent opaque. 11. The use of barbed wire, razor wire, chicken wire, chain link, or similar elements is prohibited. 12. Utilities shall be placed underground or in alleys wherever feasible. 13. Building mechanical and accessory features shall: DRAFT 5/12/2008

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a. Be located to the side or rear of the principal structure or on rooftops and b. shall not be visible from any Public Open Space or Sidewalk Area, and c. When located on rooftops shall be incorporated in the design of the building and screened with materials similar to the building. 14. Retail uses with illuminated signs shall, at a minimum, leave such signs lit from 5pm to until 7pm Mondays through Thursdays and until 8pm Fridays and Saturdays. Section 12. Screening of Loading and Service Areas and Adjacent to residential 1. Properties adjacent to the Residential District, which are occupied by other than singlefamily residence, shall meet the following requirements. a. A screening wall with a minimum of six (6) feet in height along the adjoining property line b. A minimum building setback of twenty (20) feet c. No building greater that thirty (30) feet in height within thirty (30) feet of the property line d. No security lights except those specifically designed and installed to eliminate light spillage into the residential district. e. Solid masonry noise barrier walls between any loading and trash pick-up areas and the Residential District. f. No eating and drinking establishments opened after nine (9) pm. 2. Areas for commercial waste loading and service, including large trash receptacle that are sometimes called Dumpsters, and for any other commercial garbage and waste, are not permitted within the UP-MR (Mixed Residential) Subarea, except within a fully enclosed area such as a garage, and are not allowed to be visible from any point off-site, or from any on-site residential units. 3. Such areas for commercial waste located in the UP-C and UP-T subareas must be completely screened from view of any adjacent street, sidewalk, park, outdoor eating area, and any existing residential property, with a solid wall with a minimum height of six (6) feet. 4. Loading docks and large trash and garbage containers in all Uptown District Subareas shall be entirely screened from view of Public Open Space or Sidewalk Area using vertically enclosed opaque walls. DRAFT 5/12/2008

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Section 13. Affordable Housing Requirements and Incentives Within the Uptown District, and any subarea of the district, all new residential development that provides twenty (20) or more housing units is required to designate a minimum of ten (10) percent of the units for affordable housing. Residential developments that provide affordable housing units are eligible to utilize one of the following two incentives methods, provided that all other district requirements are met, and as approved by the ARB. Lots or buildings that utilize affordable housing incentives are required to place deed restrictions on the property that require approved affordable housing criteria for a minimum of forty (40) years. Copies of such restricted deeds shall be provided to the ARB and filed with the City Administrator prior to any application for building permits. 1. Reducing single-family lot sizes for zero-lot-line development, such as fee simple cluster residential or fee simple townhouses a.

Residential developments that provide affordable housing units may reduce the minimum required area of zero-lot-line single-family lot sizes by 20 percent by meeting at least one of the incentive requirements listed below i. ii. iii.

b.

A maximum of 80 percent of MSA mean income in 60 percent of total units A maximum of 60 percent of MSA mean income in 25 percent of total units A maximum of 40 percent of MSA mean income in 10 percent of total units

Alternately, residential developments that provide affordable housing units may reduce the minimum required area of single-family lots sizes by 20 percent by providing an equal number of units that meet each of the above income criteria, in a total number of units selected by the applicant. The number of lots that may reduce the minimum required area shall not exceed the number of affordable housing units provided, plus 20 percent of that number.

2. Increasing the height limitations on multi-family residential lofts or independent aging adult apartment buildings. a.

Residential developments that provide affordable housing units may increase the height limit of buildings by twenty (20) percent, by meeting at least one of the criteria listed below. i. ii.

DRAFT 5/12/2008

A maximum of 80 percent of MSA mean income in 80 percent of total units A maximum of 60 percent of MSA mean income in 50 percent of total units Page 22 of 23

iii. c.

A maximum of 40 percent of MSA mean income in 20 percent of total units

Alternately, residential buildings may have the height limit increased by providing an equal number of affordable housing units that meet each of the above income criteria, in a total number of units selected by the applicant. The floor area of the increased height will equal the floor area of the total number of units affected.

DRAFT 5/12/2008

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