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VII.2. First Reading Zoning Code Text Amendment Related to Accessory Uses in the Mixed Use Zoning District; Lindahl First Reading of a Zoning Code Text Amendment Related to Accessory Uses in the Mixed Use Zoning District Proposed Action: Move to adopt Resolution 2021-070, approving the first reading of Ordinance 2021-1175 amending the City Code related to accessory uses in the Mixed Use zoning district. Overview This zoning code text amendment was initiated by staff as a “housekeeping” item to revise the City Code related to accessory uses in the Mixed Use zoning district. It is intended to create an accessory uses category within the Mixed Use district which was inadvertently overlooked when the district was created. The proposed text amendment would create an accessory use section in the Mixed Use regulations and establish hotels as an accessory use in the Urban Neighborhood subsection of this zoning district. Should the City approve the amendment, hotels would be allowed as an accessory use that could not exceed 15 percent of a multiple unit residential building. Based on the findings detailed in this report, the Planning & Zoning Commission and staff recommend the City approve the proposed zoning code text amendment. Primary Issues to Consider ● Background ● Community Comments ● Zoning Code Text Amendment ● Potential Non-Conformity Issues ● Alternatives Supporting Documents ● Resolution 2021-070 ● Draft Ordinance 2021-1175 ● Mixed Use Zoning Regulations _____________________ Jason Lindahl, City Planner Financial Impact: $ N/A Budgeted: Y/N ____ Source: _____________ Related Documents (CIP, ERP, etc.): _________________________________________ Notes: City Council Report 2021-107 Page 2 BACKGROUND The Mixed Use district was created in 2011 to facilitate transit supportive mixed use development around Hopkins’ 3 light rail transit stations. According to the Mixed Use zoning standards, the primary purposes of the Mixed Use Zone are to: • Provide appropriate areas for and facilitate quality mixed use development in activity centers that are consistent with the comprehensive plan's land use and transportation goals, objectives, policies and strategies; • Accommodate intensities and patterns of development that can support multiple modes of transportation, including public transit, biking and walking; • Group and link places used for living, working, shopping, schooling, and recreating, thereby reducing vehicle trips, relieving traffic congestion, improving air quality in the city and encouraging active living principles; • Provide a variety of residential housing types and densities to assure activity in the district and support a mix of uses, and enhance the housing choices of city residents; and • Integrate new mixed use development with its surroundings by encouraging connections for pedestrians and vehicles and by assuring sensitive, compatible use, scale, and operational transitions to neighboring uses. The Mixed Use district is divided into 3 subareas that correspond to the community’s 3 light rail transit stations – Downtown (Downtown Station), Commuter Town Center (Shady Oak Station) and Urban Neighborhood (Blake Road Station). The Mixed Use regulations include both general standards for the overall district and detailed regulations for each of the 3 subareas. As a result, the permitted uses table details permitted and conditional uses in each of the 3 subareas but currently does not address accessory uses. Originally, the Mixed Use district limited hotel uses to the Downtown subarea as a principal use. This limitation was purposeful and intended to guide hotel uses to Hopkins’ central business district. Since these regulations were drafted in 2011, the hotel and hospitality industry has evolved to include a variety of different hotel types ranging from traditional standalone hotels to short-term rental units to smaller options embedded in other buildings. While staff still believes the city should focus traditional standalone hotels as principal uses exclusively in downtown, it is also permissible to allow for smaller hotels as an accessory use in residential multiple unit buildings in the Urban Neighborhood subarea of the Mixed Use zone. COMMUNITY COMMENT Under state law, zoning code text amendments require a public hearing. Accordingly, the City published notice of this application and public hearing in the Sun Sailor. Because this is a general zoning regulation change and not a site specific amendment, mailed notice to surrounding property owners was not applicable. The Sun Sailor notice directed all interest parties to send questions or comments to City Planner Jason Lindahl by mail, phone or email or to attend the public hearing where they could learn about the application, ask questions and provide feedback. As of the writing of this report, the City had received no comments or questions regarding this application. Planning & Zoning Commission Action. The Planning & Zoning Commission reviewed this item (Planning Application 2021-18) during their October 26, 2021 meeting. During the meeting, the Commission heard a presentation from staff and held a public hearing that produced no City Council Report 2021-107 Page 3 comments. The Commission asked questions about the inspections process and a potential lodging tax. Staff noted that the residential portion of any such a building would be subject to the City’s rental licensing process while the hotel portion would be subject to Hennepin County’s lodging licensing process. With regard to lodging tax, the Planning & Economic Development Department will consult with the City Attorney as to how the City would establish a lodging tax. After some general discussion, the Commission voted 5-0 to recommend the City Council approve the zoning code text amendment. ZONING CODE TEXT AMENDMENT Legal Authority. Zoning Code amendments are legislative actions in that the City is creating new standards to regulate the development of certain types of uses and/or structures. Under the law, cities have wide flexibility to create standards that will ensure the type of development they desire. However, zoning regulations must be reasonable and supported by a rational basis relating to promoting the public health, safety and welfare. Based on the findings made below, staff recommends approval of the proposed zoning text amendment creating an accessory use section in the Mixed Use zone. Consistency with the Comprehensive Plan. Creating an accessory use category in the Mixed Use district and establishing hotels as an accessory use in the Urban Neighborhood subareas of this zone is consistent with the Activity Center Future Land Use guiding in the 2040 Comprehensive Plan. Activity Centers surrounds and supports the planned Blake Road and Shady Oak light rail stations along the Southwest LRT Green Line Extension. These areas are planned to include moderate to high density mixed use development designed to complement and enhance the existing development pattern in these areas and support the public investment in transit. The Activity Center areas are expected to experience significant reinvestment and redevelopment to absorb a substantial portion of the city’s anticipated future growth. Development in the Activity Center areas is expected to be medium to larger scale neighborhood and regional uses with an approximate mix of 75% residential and 25% commercial. Densities in these areas will typically range from 20-60 units per acre, with 75-150 units per acre within ¼ mile of an LRT station platform. Compatibility with Present and Future Land Uses. Based on the analysis above, staff finds the proposed zoning change to create an accessory use category in the Mixed Use district and establish hotels as an accessory use in the Urban Neighborhood subareas is compatible with present and future land uses in the activity center zone. The proposed changes would update the City’s zoning regulations to address the changing needs of the hospitality industry while still guiding full standalone hotel uses to the City’s Central Business District. Conformance with New Standards. This section considers how the proposed zoning change fits in with the rest of the zoning regulations and the existing development pattern. In this case, staff finds the proposed changes well suited to both the needs of the community and hospitality industry. Adding hotels as an accessory use in the Urban Neighborhood subarea of the Mixed Use district will allow a compatible commercial use in this district and provide another option for developers to meet the City’s mixed use goals for the Activity Center future land use category. Potential Non-Conformity Issues Formally creating an accessory use section in the Mixed Use district and establishing hotels as an accessory use in the Urban Neighborhood subarea of this zone allows more options for property City Council Report 2021-107 Page 4 owners and should not result in non-conforming issues. According to Minnesota Statute 462.357, Subdivision 1e., legal nonconformities generally have a statutory right to continue through repair, replacement, restoration, maintenance, or improvement but not through expansion. These rights run with the land and are not limited to a particular landowner. If the benefited property is sold, the new owner will have the same rights as the previous owner. ALTERNATIVES 1. Voting to Approve. By voting to approve the first reading of Ordinance 2021-1175, this item will move forward for a second reading scheduled for the November 16, 2021 City Council meeting. 2. Voting to Deny. By voting to deny the first reading of Ordinance 2021-1175, this item will not move forward for a second reading scheduled for the November 16, 2021 City Council meeting. Should the City Council consider this option, it must also identify specific findings that support this alternative. 3. Continue for further information. If the City Council concludes that further information is needed, the items should be continued. CITY OF HOPKINS Hennepin County, Minnesota RESOLUTION NO. 2021-070 A RESOLUTION APPROVING THE FIRST READING OF ORDINANCE 2021-1175 AMENDING THE CITY CODE RELATED TO ACCESSORY USES IN THE MIXED USE DISTRICT WHEREAS, the City of Hopkins initiated an application to amend the City Code related to accessory uses in the Mixed Use District; and WHEREAS, the procedural history of the application is as follows: 1. That an application to amend the City Code related to accessory use in the Mixed Use District was initiated by the City of Hopkins on September 24, 2021; and 2. That the Hopkins Planning & Zoning Commission, pursuant to published notice, held a public hearing to review such application October 26, 2021 and all persons present were given an opportunity to be heard; and 3. That the Hopkins Planning & Zoning Commission reviewed this application during their October 26, 2021 meeting and recommended approval by the City Council; and 4. That the Hopkins City Council reviewed this application during their November 3, 2021 meeting and agreed with the findings of the Planning & Zoning Commission. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Hopkins hereby approves the First Reading of Ordinance 2021-1175 amending the City Code related to accessory use in the Mixed Use District based on the findings of fact detailed in the staff report dated November 3, 2021. Adopted by the City Council of the City of Hopkins this 3rd day of November, 2021. By:___________________________ Jason Gadd, Mayor ATTEST: _______________________________ Amy Domeier, City Clerk CITY OF HOPKINS COUNTY OF HENNEPIN ORDINANCE NO. 2021-1175 ORDINANCE AMENDING PART III, CHAPTERS 102 OF THE HOPKINS CITY CODE REGARDING ACCESSORY USES IN THE MIXED USE DISTRICT THE CITY COUNCIL OF THE CITY OF HOPKINS HEREBY ORDAINS AS FOLLOWS: SECTION 1. Hopkins City Code, Part III, Chapter 102, Article XI, Section 102-339 is hereby amended by adding the double-underlined language and deleting the stricken language as follows: Secs. 102-339—102-364. – Reserved The following are permitted accessory uses in the specific subcategories of the Mixed Use District. (1) Urban Neighborhood a. Hotels. Limited to no more than 15 percent of a multiple unit residential principal use. Hotel accessory uses are subject to all applicable zoning and licensing requirements. SECTION 2. The effective date of this ordinance shall be the date of publication. First Reading: November 3, 2021 Second Reading: November 16, 2021 Date of Publication: November 25, 2021 Date Ordinance Takes Effect: November 25, 2021 By: ____________________________ Jason Gadd, Mayor ATTEST: ______________________________ Amy Domeier, City Clerk PART III - LAND DEVELOPMENT Chapter 102 - PLANNING AND ZONING ARTICLE XI. MIXED USE Hopkins, Minnesota, Code of Ordinances Created: 2021-09-09 10:03:02 [EST] (Supp. No. 5) Page 1 of 11 ARTICLE XI. MIXED USE Sec. 102-337. Mixed use. The primary purposes of the Mixed Use Zone Districts are to: (1) Provide appropriate areas for and facilitate quality mixed use development in activity centers that are consistent with the comprehensive plan's land use and transportation goals, objectives, policies and strategies; (2) Accommodate intensities and patterns of development that can support multiple modes of transportation, including public transit, biking and walking; (3) Group and link places used for living, working, shopping, schooling, and recreating, thereby reducing vehicle trips, relieving traffic congestion, improving air quality in the city and encouraging active living principles; (4) Provide a variety of residential housing types and densities to assure activity in the district and support a mix of uses, and enhance the housing choices of city residents; and (5) Integrate new mixed use development with its surroundings by encouraging connections for pedestrians and vehicles and by assuring sensitive, compatible use, scale, and operational transitions to neighboring uses. (Code 1986, § 543.01; Ord. No. 2011-1031, 8-11-192011) Sec. 102-338. Permitted and conditional uses. (a) Permitted uses. Zoning Designation and Use UN (Blake) DT (8th Ave.) CTC (Shady Oak) Residential 1. Multi-unit dwellings x x x 2. Townhomes x x Commercial 3. Bar/tavern x x 4. Antiques x x 5. Art gallery x 6. Artisan shop x x 7. Bakery x x x 8. Bank and financial services x(a) x(a) x(a) 9. Beauty/barber shop x x x 10. Bike sales x x 11. Books, office supplies x x 12. Boutiques x x 13. Butcher x x x Created: 2021-09-09 10:03:02 [EST] (Supp. No. 5) Page 2 of 11 14. Camera, photographic x x 15. Clothing store x 16. Clubs (private, nonprofit) x x x 17. Coffee shop x x x 18. Collectibles (cards, coins, comics, stamps, etc.) x x 19. Costume and formal wear rental x x 20. Day nursery x x x 21. Delicatessen x x x 22. Dry clean and laundry x x x 23. Educational facilities x x(c) x 24. Electronics x(d) x(d) 25. Employment agency x x x 26. Essential public service and utility structures x x x 27. Fabric and sewing store x x 28. Florists x x x 29. Garden and landscape x(e) x(e) 30. Gifts and novelties x x 31. Glassware, china, pottery x 32. Health club x x 33. Hobby, craft, instruction x x 34. Hotel x 35. Karate, dance, studio x x 36. Ice cream x x x 37. Indoor sports and recreation facility x x(f) x 38. Interiors, decoration studio x x 39. Jewelry x x 40. Leather goods, luggage x x 41. Liquors, off-sale x x x 42. Locksmith and fixit shop x x x 43. Medical service x x x 44. Music store x 45. Neighborhood market x x x 46. Offices x x x 47. Optical x x 48. Paint and wallpaper x Created: 2021-09-09 10:03:02 [EST] (Supp. No. 5) Page 3 of 11 49. Parking ramps and lots x x x 50. Pet grooming x x 51. Pet store x x 52. Pharmacy, drug store x x(g) 53. Photography, studio x 54. Picture framing, art shop x 55. Pipe, tobacco shop x x x 56. Print shop x x x 57. Restaurant, traditional x x x 58. Restaurant, carry-out and delivery x x x 59. Shoes, boot store x x 60. Sporting goods x x 61. Stationery, card shop x x x 62. Street food vendors x x x 63. Tailoring x x x 64. Travel agent x x x 65. Variety store x x 66. Vet clinic x x x 67. Video/DVD, sales, rental x x x Civic 68. Transit station x x x 69. Park and ride facility x x x 70. Public open space/park x x x (b) Conditional uses. a. Bank and financial services, provided: 1. The applicant must show that the drive thru in an integral part of the building and the traffic and queuing will not interfere with the pedestrian experience. It shall be at the sole discretion of the city council to allow a drive thru. b. Reserved: c. Educational facilities, provided: 1. Use shall not be located on first floor. d. Electronics, provided: 1. Less than 5,000 square feet. e. Garden and landscape, provided: 1. Outside display limited to area in front of store. f. Indoor sports and recreation facility, provided: Created: 2021-09-09 10:03:02 [EST] (Supp. No. 5) Page 4 of 11 1. Less than 5,000 square feet. g. Pharmacy, drug store, provided: 1. Less than 5,000 square feet. (Code 1986, § 543.02; Ord. No. 2017-1125, § 4, 11-21-2017) Secs. 102-339—102-364. Reserved. ARTICLE XII. DEVELOPMENT STANDARDS FOR MIXED USE Sec. 102-365. Parking. Parking within the mixed use district must be located in multi-level structures or in shared parking lots where feasible and with approval of the city. The following requirements will apply to all permitted uses located within the Mixed Use Zoning District if a travel demand management plan (TDM) or shared parking study has not been completed and approved by the city council: (1) A minimum of one and a maximum of 1.5 parking spaces per multifamily unit is permitted; one guest space per 15 units is permitted. (2) All uses other than residential shall require a parking study to determine the necessary parking required. (3) Where practicable, ingress and egress from parking must be from side streets or alleys. (Code 1986, § 543.03) Sec. 102-366. Travel demand management plan (TDM)/mass transit links. Off-street parking requirements may be reduced subject to approval by the city council, where a TDM plan, parking and transportation study is submitted. The TDM plan, parking and transportation study is conducted in accordance with accepted methodology approved by the city staff, prepared by an independent traffic engineering professional under the supervision of the city, and paid for by the applicant. These plans must address the transportation impacts of the development and proposed TDM mitigating measures and show that parking demand will be decreased by access to nearby transit. Where a TDM plan is approved, a properly drawn legal instrument, executed by the parties concerned, must be filed on the property in the county recorder's or register's office. Five acres commercial, office or retail development or 100 residential units require a TDM study. (Code 1986, § 543.04) Sec. 102-367. Shared parking. The city council may approve the use of shared parking where: (1) The applicant demonstrates with a parking study that the hours, size, and mode of operation of the respective uses does not create a substantial conflict in the peak parking demands of the uses for which shared parking facilities is proposed, and there is adequate parking to meet the needs for each use. A shared parking plan must be submitted where shared parking is proposed that includes specific analysis on the peak characteristics of the various uses indicated. Created: 2021-09-09 10:03:02 [EST] (Supp. No. 5) Page 5 of 11 (2) Where a shared use of parking exists with the same site or across sites, a properly drawn legal instrument, executed by the parties concerned, must be filed as a deed restriction on all impacted properties in the county recorder's office. A parking study is required to be conducted in accordance with accepted methodology approved by the city staff, prepared by an independent traffic engineering professional under the supervision of the city and paid for by the applicant, demonstrating that there is not a present need for the portion of parking for which the applicant is requesting shared parking flexibility. (3) Shared parking shall be no more than 500 feet from the front doors of the buildings sharing the parking. (Code 1986, § 543.05) Sec. 102-368. Bicycle parking. (a) Bicycle parking facilities must be provided for all office and multifamily structures and freestanding commercial uses. (b) The required number of bicycle parking spaces will be based on the following: Zoning Designation Long-Term Short-Term Multifamily residential 1 per 2 units 1 per 20 units Retail 0.50 space per employee 0.50 space per 1,000 square feet of net building area Office 0.25 space per 1,000 square feet of net building area 1 per 40,000 square feet of net building area Park and ride facilities 10 spaces an acre 10 percent of parking stalls (c) Bicycle parking facilities must be located in a well-lighted area. (d) All bicycle racks, lockers, or other facilities must be securely anchored to the ground or to a structure. (e) All required bicycle parking must be located within 50 feet of central or well-used building entrances. (f) Long-term bicycle parking facilities that provide parking for bike storage lasting eight or more hours shall be located inside buildings or a bike storage facility for added security. (g) The required amount of short-term bicycle parking required for bike storage lasting less than two hours must be provided for at each building. (h) In buildings that have several uses, shared short-term bicycle parking facilities are encouraged and should be centrally located between uses. (Code 1986, § 543.06) Sec. 102-369. Shadow study. A shadow study is required for all buildings four stories or higher. The shadow study will indicate the shadows cast at the shortest and longest days of the year. Impacts of a shadow on the surrounding property may be a reason to lower and/or adjust the location or height of buildings. (Code 1986, § 543.07) Created: 2021-09-09 10:03:02 [EST] (Supp. No. 5) Page 6 of 11 Sec. 102-370. Exterior. The primary exterior treatment of walls facing a public right-of-way or parking lot on a structure shall be brick, cast concrete, stone, marble or other material similar in appearance and durability. Regular or decorative concrete block, float finish stucco, EIFS-type stucco, cementitious fiber board, or wood clap board may be used on the front facade as a secondary treatment or trim but shall not be a primary exterior treatment of a wall facing a public right-of-way. (Code 1986, § 543.08) Sec. 102-371. Building orientation. (a) Orientation. Buildings within the mixed use district must be oriented toward the pedestrian by providing a direct link between each building and the pedestrian walking system, with emphasis on directing people to a transit station. (b) Facade. The primary street side facade of a building shall not consist of an unarticulated blank wall, flat front facades or an unbroken series of garage doors. The front of a building shall be broken up into individual bays of a minimum of 25 feet and maximum of 40 feet wide. (c) Blocks. Blocks must not exceed 600 feet in length and must provide pedestrian connectors. These pedestrian connectors can be pedestrian easements and pathways or through-building linkages at least every 300 feet. (d) Height. All nonresidential floor space provided on the ground floor of a mixed use building must have a minimum floor-to-ceiling height of 11 feet. (Code 1986, § 543.09) Sec. 102-372. Transparency. (a) Required. A minimum of 60 percent to a maximum of 75 percent of the front street-facing facade between two feet and eight feet in height must comprise clear windows that allow views of indoor nonresidential space or product display area. Side facades abutting a public right-of-way shall have a minimum of 30 percent clear windows. (b) Height. The bottom edge of any window or product display window used to satisfy the transparency standard of subsection (a) of this section may not be more than three feet above the adjacent sidewalk. (c) Display. Product display windows used to satisfy these requirements must have a minimum height of four feet and be internally lighted. (d) Windows. Transparent windows allowing visual access into and out of nonresidential buildings shall be required on the first floor frontage along the front yard. (e) Fenestration. Thirty percent fenestration for windows above the first floor for all sides that abut a public right-of-way. (Code 1986, § 543.10) Sec. 102-373. Sidewalks. (a) Required. Sidewalks shall be constructed along the frontage of all public streets and within and along the frontage of all new development or redevelopment. Created: 2021-09-09 10:03:02 [EST] (Supp. No. 5) Page 7 of 11 (b) Width. Sidewalks may range in width from a minimum of five feet to a maximum of 20 feet, depending on expected pedestrian traffic. (Code 1986, § 543.11) Sec. 102-374. Pedestrian/streetscapes. (a) Required. Street trees in grates or planters are required along sidewalks for all new platted streets. Existing streets may not allow sufficient right-of-way for street trees. If the existing right-of-way does not allow for street trees, landscaping, trees, planters or street furniture will be added to the interior side of the sidewalk where the setback will allow. (b) Improvements. Pedestrian improvements of at least 25 percent of the landscaping budget shall be included in the development. These improvements shall create a high quality pedestrian experience through the provision of benches, planters, drinking fountains, waste containers, median landscaping, etc. Said improvements shall be on all public streets that lead directly to the station. (c) Lighting. Pedestrian-scale light fixtures that shine downward on the sidewalks and walkways shall be no greater than 12 feet in height and must be provided along all sidewalks and walkways to provide ample lighting during nighttime hours for employees, residents, and customers. (d) Maintenance. It shall be the responsibility of the owner of the abutting building to maintain the streetscape. (Code 1986, § 543.12; Ord. No. 2015-1100) Sec. 102-375. Landscaping. All open areas of a lot that are not used or improved for required parking areas and drives shall be landscaped with a combination of over-story trees, under-story trees, shrubs, flowers and ground cover materials. The plan for landscaping shall include ground cover, bushes, shrubbery, trees, sculptures, fountains, decorative walks or other similar site design features or materials. The following table is a minimum value for the landscaping: Project Value Minimum Below $1,000,000.00 2 percent $1,000,000.00—$2,000,000.00 of project value in excess of $1,000,000.00 $20,000.00 + 1 percent $2,000,000.00—$3,000,000.00 of project value in excess of $2,000,000.00 $30,000.00 + 0.75 percent $3,000,000.00—$4,000,000.00 of project value in excess of $3,000,000.00 $37,500.00 + 0.25 percent Over $4,000,000.00 value in excess of $4,000,000.00 1 percent + .10 percent of project (1) Documentation showing an estimated dollar amount of landscaping shall be provided to the city prior to any approval. (2) All new over-story trees shall be balled and burlapped or moved from the growing site by tree spade. Deciduous trees shall have a minimum caliper of 2.5 inches. Coniferous trees shall be a minimum caliper of 1.5 inches. (3) All site areas not covered by buildings, sidewalks, parking lots, driveways, patios or similar hard surface materials shall be covered with sod or an equivalent ground cover approved by the city. This requirement shall not apply to site areas retained in a natural state. Created: 2021-09-09 10:03:02 [EST] (Supp. No. 5) Page 8 of 11 (4) An underground sprinkler system shall be provided as part of each new development. A sprinkler system shall be provided for all landscaped areas except areas to be preserved in a natural state. The sprinkler system is required to have a sensor for an automatic shut-off to prevent the system from operating when it is raining. (Code 1986, § 543.13; Ord. No. 2015-1100) Sec. 102-376. Indoor/outdoor operations. All permitted uses in the mixed use district must be conducted within a completely enclosed building unless permitted by a conditional use permit. This requirement does not apply to off-street parking or loading areas, automated teller machines, or outdoor seating area, alone or in connection with restaurants. (Code 1986, § 543.14) Sec. 102-377. Wall signs. (a) Limitations. Each tenant other than those in multi-tenant buildings may have one flat wall sign, not extending more than 18 inches from the face of the building, except that such signage may extend from the face of the roof over a covered walk. Such wall signs shall not exceed two times of the linear frontage of the wall to which the business is located, to a maximum of 96 square feet. Signs shall not be internally illuminated. (b) Canopies and awnings. The design of canopies shall be in keeping with the overall building design in terms of location, size, and color. No canopies with visible wall hangers shall be permitted. Signage on canopies maybe substituted for allowed building signage and shall be limited to 25 percent of the canopy area. Canopies shall not be internally illuminated. (c) Projecting. Projecting signs will have a maximum size of 12 square feet and a maximum width of three feet. Projecting signs cannot extend beyond the first floor of the building. No less than ten feet of clearance shall be provided between the sidewalk surface and the lowest point of the projecting sign. Maximum distance between sign and building face is one foot. (d) Monument signs. One monument sign shall be permitted for each multi-tenant building provided the surface area of the sign does not exceed two square feet per front foot of lot. No sign shall be over 150 square feet, 20 feet in height and have a setback in no case less than 20 feet from the property lines. (Code 1986, § 543.15) Sec. 102-378. Drive-through. A one-lane drive-through may be permitted with a conditional use permit. The applicant must show that the drive-through is an integral part of the building and the traffic and queuing will not interfere with the pedestrian experience. (Code 1986, § 543.16) Sec. 102-379. Urban Neighborhood (UN). (a) Location This area is primarily located around the Blake Transit Station. The Urban Neighborhood District is intended primarily for mixed pedestrian-scaled, neighborhood-serving, nonresidential uses and high density residential uses in the same structure or in close proximity to one another. Nonresidential uses may include Created: 2021-09-09 10:03:02 [EST] (Supp. No. 5) Page 9 of 11 small-scale retail, service, and professional offices that provide goods and services to the residents of the surrounding neighborhood. (b) Height. (1) Height: Three to four stories for residential structures. (2) Mixed use: a. Five to six stories (retail on the first floor). b. Four to five stories for office structures. (c) Floor area ratio. (1) Residential minimum FAR: 2. (2) Residential maximum FAR: 3. (3) Mixed use building minimum FAR: 3. (4) Mixed use building maximum FAR: 5. (5) Office building minimum FAR: 3. (6) Office building maximum FAR: 4. (d) Front yard setbacks along Blake Road and Excelsior Boulevard (1) Residential building: 15 feet to 25 feet. (2) Office building: 25 feet to 40 feet. (e) Front yard setbacks along 2nd Street. (1) Residential building: Five feet to 15 feet. (2) Structured parking: Five feet to 15 feet. (3) Office building: Five feet to 15 feet. (4) Side yard: Ten feet. (5) Rear yard: Ten feet. (Code 1986, § 543.17) Sec. 102-380. Downtown (DT). (a) Location. This area is primary located from the downtown transit station to Main Street. The Downtown District provides for development of high density residential and vertically-integrated, mixed uses over ground-floor, nonresidential uses on lots fronting Eighth Avenue from Excelsior Boulevard to Main Street. This district acts as a transition from the transit station to Main Street and to draw people to Main Street. (b) Development standards. Each off-street parking area is encouraged to be designed and located so that parking lots on adjacent parcels may be linked. The principal functional doorway for public or direct-entry access into a building shall face the fronting street. Corner entrances shall be provided on corner lot buildings or have dual entries. A secondary entrance may be oriented towards off-street surface parking. (c) Outdoor gathering space. Outdoor gathering space shall have direct access to the sidewalk. All outdoor Gathering Spaces will have a treatment such as a wrought iron fence, hedge, or a one to three feet wall following the building line of the abutting buildings. The space may have the following: Created: 2021-09-09 10:03:02 [EST] (Supp. No. 5) Page 10 of 11 (1) Lighted bollards. (2) Movable or unmovable tables and chairs. (3) Fountains or other water features. (4) Benches. (5) Seat walls and/or landscape planters. (6) Shade trees. (7) Pots or hanging baskets filled with seasonal plant material. (8) Information kiosks. (9) Sculptures or other public art features. (d) Height. (1) Minimum height: Three stories from alley south of Main Street to Main Street. (2) Minimum FAR: 2. (3) Maximum FAR: 3. (4) Minimum height: Four stories from Excelsior Blvd to alley south of Main Street. (5) Minimum FAR: 3. (6) Maximum FAR: 5. (e) Setbacks. (1) Front yard minimum: One foot. (2) Maximum: Five feet, except for the following: a. A portion of the building may be set back to provide an articulated facade or accommodate a building entrance feature, provided that the total area of the space created must not exceed one square foot for every linear foot of building frontage. b. A building may be set back to accommodate an outdoor eating area. To preserve the continuity of the street wall, the building may be set back no more than 12 feet from the front or street side property line, or at least 40 percent of the building facade must be located abutting a street. The total area of an outdoor eating area that is located between a public sidewalk and the building facade may not exceed 12 times the buildings street frontage in linear feet. (3) Minimum side yard setback: Zero feet. (4) Minimum rear yard setback: Ten feet. (5) Rear yard setback abutting a public right-of-way: 50 feet or more in width: a. Minimum rear yard: Zero feet. b. Maximum rear yard: One foot. (Code 1986, § 543.18; Ord. No. 2015-1091) Created: 2021-09-09 10:03:02 [EST] (Supp. No. 5) Page 11 of 11 Sec. 102-381. Commuter Town Center (CTC). This area is primary located around the Shady Oak Transit Station in the west side of the city. The Commuter Town Center District is intended to support a variety of housing types and compatible vertically-integrated mixed uses composed of street-level nonresidential and upper-story residential uses. High-density, attached residential use types that are supportive of transit are encouraged. (Code 1986, § 543.19) Secs. 102-382—102-406. Reserved.