19.04.12 Mixed Waterfront Zone

1. Purpose and Intent. a. The purpose of the Mixed Waterfront (MW) Land Use Zone is to allow for a wide range of land uses so long as those land uses are combined and arranged to create destination-oriented developments that take full advantage of the scenic and recreational opportunities that their lakeshore and riverside locations provide. Appropriate mixtures of land uses include retail, residential, and resort properties. b. Multiuse land development shall be prioritized and preferred, with an emphasis on community gathering spaces and recreational opportunities along the waterfront as described in the Mixed Waterfront Design Standards. c. The Utah Lake Shoreline Trail, and Jordan River trail, and connections thereto, shall be a top priority of any development in the Mixed Waterfront Zone and shall be required. These trails and connections are critical in providing access to waterfront activation opportunity areas and are identified in the Parks, Recreation, Trails and Open Space Master Plan. d. Low Density Residential, Medium Density Residential, and Neighborhood Commercial land uses, as listed in the tables in Section 19.04.12, are considered appropriate uses for this zone. Developments must include a mix of residential, and office or commercial uses. e. This land use zone recognizes that in order for the City to be a well-rounded community, many different housing styles, types, and sizes should be permitted. Density shall be focused around the water front with density decreasing the farther from the water’s edge. In an effort to incentivize commercial along the waterfront allowable residential density will increase based upon the amount of commercial provided. f. Other important characteristics that must be addressed in this land use zone include neighborhood services and facilities, social gathering places, attractive landscaping, convenient access to public areas along the lakeshore, appropriatelyplaced parking, a sense of personal safety, well-maintained housing, and attractive parks. 2. Neighborhood Plan Required. A Neighborhood Plan shall be required to guide future development in the Mixed Waterfront zone. The submission requirements for a Neighborhood Plan are outlined herein. Neighborhood Plans shall include the identification and placement of lot types, designated commercial areas, open space types, and all infrastructure, utilities, grading, and other aspects detailing future construction. A Neighborhood Plan must be approved prior to submittal of an application for a site plan, preliminary plat, or final plat. a. Neighborhood Plans shall include conceptual plans for integration with adjacent waterfront land uses, including roads, building connections, and trail connections. b. Neighborhood Plans shall include streets, such that blocks and urban fabric are walkable and bikeable. Bus and rail alignments shall be located outside of neighborhood blocks. c. Neighborhood Plans must identify the overall theme of a community. All elements of the development shall follow a Unified Waterfront Theme. 3. Density a. The maximum residential density upon the residential portion of any development shall be based upon the amount of commercial acreage provided, as outlined in the tables below (see figure 4.1), with smaller amounts of commercial reflecting lower residential density. i. For mixed use buildings one hundred percent of the main floor must be commercial to count towards the commercial requirement. Entrances to upper level residential are an exception and shall not be counted towards or against commercial acreage. ii. The maximum percentage of commercial development is indicated by the far right category in the table. b. The Land Use Authority has the discretion to increase the overall density by two (2) additional units per acre. In considering an increase in overall density, the City Council shall consider: i. If the Neighborhood Plan proposes to donate open space to the City for a city-wide amenity supported by the City; ii. a significant increase in the acreage of open space proposed to exceed the required percentage of open space in Chapter 19.19 by at least 25 percent; and iii. the creation of additional and significant amenities to exceed the required number of points in Chapter 119.19 by at least 25 percent, that may be enjoyed by all residents of the neighborhood. c. Sensitive Lands, as defined in 19.02, shall not be included in the calculation of density. d. Required residential parking shall not be counted towards commercial acreage when calculating density. Figure 4.1 Development Density Table Residential Unit Density 0 20-25 26-30 31-35 36-40 Percent Commercial 41-45 46-50 *Mixed use buildings may count the commercial footprint and commercial parking towards the commercial percentage within the development. 4. Permitted Uses. The uses identified in 19.04.11 as Permitted Uses in the Mixed Waterfront Zone, with some uses identified as ancillary uses or edge uses only. 5. Lot, Setback, and Development Requirements. Mixed Waterfront Single-Family Multi-Family Development size- min Lots size - min Lot Coverage - maximum Lot Frontage - min Primary structure height - max Accessory structure height - max Dwelling size 1 acre 4,000 sq. ft. 60% (Footprint development will be reviewed for overall site coverage rather than individual lot coverage. 35' 40' 19.05.11 1,000 sq. ft. 1 acre No minimum 60% (Footprint development will be reviewed for overall site coverage rather than individual lot coverage. 100' along a public or private street. Where each unit is separately owned, the minimum lot frontage shall be based on each building. 40' 19.05.11 600 sq. ft. Other Development (including Mixed Use) 1 acre No minimum 60% (Footprint development will be reviewed for overall site coverage rather than individual lot coverage. 100' along a public or private street 40' 19.05.11 600 sq. ft. Lot width - min 50' No minimum No minimum Setbacks, primary structure - min Front 25' to the garage, 20' to 20' to building, 25' to 10'* the front plane of the garage home. Street side 20' 20' 10'* Interior Side/ Building Separation 5'/ 10' combined 20' 5' Rear 15' to property line or 20' between buildings, 25' between buildings 20' between rear property lines and exterior walls Rear yard adjacent to alley 5' to detached garage, 20' to main structure 5' to detached garage, 20' to main structure 10', 20' driveway required or 5' setback to detached garage Rear yard adjacent to street N/A N/A 10', 20' driveway required or 5' setback to detached garage Setbacks, accessory structure min Front Same as principal structure Same as principal structure Same as principal structure Street side Same as principal structure Same as principal structure Same as principal structure Interior Side 5' 5' 5' Rear 5' 5' 5' Building separation 5' 5' 5' Concept plan required? Yes Yes Yes * Exception: The front and street side yard setbacks may be decreased to zero feet if the sidewalk width is increased by ten feet and as long as no part of any building, including planter boxes and similar features, shall overhang the public right-of-way and no drainage shall be diverted into said public right-of-way. 6. Open Space, Landscaping, and Development Requirements. Mixed Waterfront developments shall meet all open space and amenity requirements as outlined in 19.19. a. If the open space is common space, the developer shall record a public access easement at plat recordation to any adjacent public open space or access to the waterfront. b. Open space includes parks, plazas, courtyards, arcades, pedestrian walkways, natural areas and landscaped areas. c. Open space shall not include: i. Required setbacks between buildings; ii. narrow space under ten feet (10’) in width that is immediately adjacent to buildings; iii. space between buildings and parking areas under ten feet (10’); iv. private (limited common) residential patios or yards; v. drive aisles; or vi. private roads or alleys. d. At least seventy five percent of required open space must be usable, contiguous, and available for recreational uses. e. Open space may include parks, walkways, natural areas, landscaped areas, and usable wetland areas. f. Landscaping is to be used for commercial lots and open space is to be used for multi-family or mixed use areas. Required commercial landscaping shall not be counted towards the open space requirement, and open space shall not be counted toward the required commercial landscaping requirement. g. Depending on the layout of the area within the mixed waterfront development, open space shall be applied as follows: i. For areas where commercial and residential are completely separate buildings: 1. Commercial and residential shall be separate lots. 2. Commercial lots or sites shall contain 20 percent landscaping. 3. The residential portion shall have 15 percent overall open space. 4. The overall combined landscaping and open space acreage shall not be less than 25 percent of total acreage. a. This includes 20 percent landscaping for commercial sites and required open space for residential. ii. For areas containing mixed use buildings: 1. Commercial, mixed use, and residential areas shall be separated by lot boundaries for the purpose of calculating landscaping, open space, and amenities. 2. Commercial lots or sites shall contain 20 percent landscaping that is separate from residential open space requirements. 3. Mixed Use lots shall meet multi-family amenity requirements. 4. The overall combined landscaping and open space acreage shall not be less than 25 percent of total acreage a. This includes a 20 percent landscaping for commercial sites and required open space for residential and mixed use. 5. Single family and multi-family shall follow 19.19. h. Sharing of common open space between residential and nonresidential uses may be allowed by the applicable Land Use Authority when it is clear that the open space will provide direct benefit to residents and patrons of the project subject to the following limitations. i. Up to 30 percent of the required open space for residential uses in a horizontal mixed use project may be provided as quasi-public open space within the nonresidential component of the project or up to 70 percent where such quasi-public open space will be immediately adjacent to the waterfront; or ii. Up to 50 percent of the required open space for residential uses in a vertical mixed use project may be provided as quasi-public open space within the nonresidential component of the project or up to 70 percent where such quasi-public open space will be immediately adjacent to the waterfront. iii. The minimum area of shared common open space areas shall be 150 sq. ft. with a minimum width of 10 feet. These areas shall be accessible for use by the general public. iv. Quasi-public open space areas shall not include outdoor dining areas or other outdoor activity areas for exclusive use by an individual business. v. Quasi-public open space areas are areas located on private property and accessible to the general public. These areas may include pedestrian oriented amenities, including enhanced seating, lighting, paving, landscaping, public art, water features, and other similar features deemed appropriate by the land use authority. i. If the project is adjacent to the waterfront, open space and common areas shall border the waterfront and be connected to the waterfront through public access trails, with the overall development being pedestrian and waterfront focused. j. If the project is not adjacent to the waterfront, then the open space and common areas shall be connected to the waterfront through public access trails. k. When the trail is located on the opposing side of the River, a connecting bridge shall be required and may count toward amenity points. l. Shops and other commercial uses shall be primarily located along the waterfront in order to create a destination focused development that promotes uses and activities along the waterfront. m. In order to create a balanced waterfront development, both a commercial and residential component are required and shall be developed simultaneously, unless a phasing plan approved in a development agreement provides otherwise. Projects without one component or the other will not be considered. n. Design elements shall be incorporated in the development to include the following: i. All buildings and structures shall conform to the Mixed Waterfront Design Standards. ii. Residential and non-residential uses shall not be separated from each other by a public or private roadway as defined in the adopted Engineering Technical Specifications. iii. Fences shall not separate residential uses from non-residential uses, but this requirement shall not apply to fences to delineate individual private residential patio areas or yards. iv. Uses shall be integrated to allow development that cannot be accomplished by the potential implementation of other zones. v. Access via trails shall be implemented throughout the residential and nonresidential areas. 7. Neighborhood Plan Requirements. The required Neighborhood Plan shall include the following: a. Character and Theme Plan identifying the organizational design framework showing a clearly recognizable neighborhood character and theme that is mixed use and waterfront focused, while also distinguishing the neighborhood from others and cohesively unifying the neighborhood through its distinctive design elements. Character and Theme Plan shall meet the requirements as outlined in the Mixed Waterfront Design Standards. Community character and theme elements shall include the following: i. Architectural Façade Plan identifying the principle façade and secondary façade(s) for each buildable lot; ii. conceptual architectural elevations to scale (including building height); iii. open space, landscaping, and recreational design concepts; iv. community signage, and place identification; v. Street Naming Plan; vi. identification of mixed use sites and buildings, commercial locations, and residential locations; and vii. a demonstration of how the development relates to and integrates the waterfront area. b. Transportation Network and Street Plan that shall include: i. adjacent streets; ii. modifications to existing streets, if any; iii. a key for the street network; iv. existing, new, and modified streets, rear lanes, and shared drives including: 1. centerline radius; 2. data table indicating ownership; 3. right-of-way width; 4. number of vehicular lanes; 5. street type; and 6. transportation provisions; v. any existing or proposed public transit stops or ways, bicycle ways, and trails within and adjacent to the Neighborhood Plan area; and vi. local street network consisting of all new streets within the Neighborhood. c. Phasing Plan - including phase boundaries, acreages, and the sequence for each phase. i. Demonstrate that commercial will be developed simultaneously or ahead of residential or according to a development agreement. d. Existing conditions and features within and adjacent to the project area including: i. roads, ii. structures, iii. drainages, iv. wells, v. septic systems, vi. buildings, vii. trails, viii. waterfront characteristics (wetlands, water elevations, etc.), and ix. utilities. e. Open Space Plan - for each area assigned as open space (see Section 19.19) including: i. general type, use, and programming concepts of all open spaces; ii. identification of open space integration with the waterfront; iii. conceptual landscape treatment; and iv. recreational amenities (public vs. private and active vs. passive). f. Landscaping and Fencing Plans per Section 19.06. g. Lotting Plan – including a conceptual plan for Lot Types and Parking to include: i. layout and description of all lot and unit types; ii. building configurations including number of buildings per lot, lot dimensions; iii. setbacks for principal and accessory buildings; iv. commercial; v. residential and commercial parking (including guest parking); vi. mixed use; vii. landscape areas; viii. open space areas; ix. lot coverage; and x. lot frontage. h. Mass and Scaling plan for the streetscape and waterfront that shall include: i. scaled streetscape and waterfront elevations; and ii. maximum building size. i. Conceptual Utility Plan that includes a schematic with existing and proposed utility alignments and sizes sufficient to show how the property will be served including drainage, sewer, culinary, and secondary water connections and any other existing or proposed utilities needed to service the proposed development or that will need to be removed or relocated as part of the project. j. If a development is less than 10 acres and adjacent properties are also designated mixed waterfront land use in the General Plan the adjacent conceptual layouts for adjacent properties shall be included. k. Show integration with abutting mixed waterfront development, both existing and potential future abutting development (based upon the Zoning Map and Future Land Use Map). 8. Process. See 19.13. 9. Amendments to approved Neighborhood Plans. Modifications to the Neighborhood Plan text or exhibits may occur in accordance with the following amendment processes: a. Major Amendments: Major Amendments will be processed in the same manner as the original Neighborhood Plan. Major amendments are significant modifications to the Neighborhood Plan, including those that change the intent of the Neighborhood Plan such as: i. those that change the character or architecture of the Neighborhood Plan; ii. those that increase residential density and non-residential intensity; iii. those that reduce the amount of land dedicated to parks, trails, public use space, natural areas, or public facilities as shown on the approved Neighborhood Plan by an amount greater than 10,000 Square Feet; iv. those that reduce commercial area; and v. those that change the phasing plan. b. Minor Amendments. Minor amendments may be approved administratively by the Planning Director. Minor amendments include simple modifications to text or exhibits such as: i. minor changes in the conceptual location of streets, public improvements, or infrastructure; ii. minor changes in the configuration or size of parcels; iii. minor modifications of land use boundaries; and iv. interpretations that facilitate or streamline the approval of unlisted uses that are similar in nature and impact to listed uses. 10. Improvements Required. All Neighborhood Plans shall be required to comply with the provisions in Title 19, and, to the extent applicable, executed development agreements, as well as other applicable regulations with respect to the required improvements.