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HomeMy WebLinkAboutOrdinance No. 4375 (b) Second Reading: Ordinance Amendment Relating to Transit Oriented Development ORDINANCE NO. ____ AN ORDINANCE ADDING SECTIONS 62.335, 62.336, 62.337, 62.338, AND AMENDING SECTIONS 60.200, 60.310, 60.320, 62.126, 62.383, 62.727, 63.265, 63.503, 65.320, 65.410, OF THE ROCHESTER CODE OF ORDINANCES, RELATING TO TRANSIT-ORIENTED DEVELOPMENT. THE COMMON COUNCIL OF THE CITY OF ROCHESTER DO ORDAIN: Section 1. Sections 62.335, 62.336, 62.337, and 62.338, are hereby added as follows: 62.335 TOD TRANSIT-ORIENTED DISTRICT This article lists the standards applicable to uses allowed in the TOD, Transit-Oriented District. Subd. 1: Applicability 1. The TOD District applies in the area shown on the TOD District map. \[See Map on Exhibit A\]. 2. Standards applicable to TOD Nodes apply in areas designated as TOD-Node on the TOD District Map. 3. Standards applicable to TOD Corridors apply in areas designated as TOD-Corridor on the TOD District Map. 62.336 TOD GENERAL ZONING DISTRICT REGULATIONS The following table identifies the general zoning district standards applying to uses in the TOD Zoning District. Use Category Location Maximum Minimum Maximum Minimum Minimum Setbacks Corner Yards Floor Area Percentage of Permitted Lot Size See Also Section 62.XXX Ratio: Landscape Height Building Placement for Area Maximum Setbacks Minimum Front Yard: 0 Feet Building Containing 70 feet TOD Minimum Required Side Yard: 0 Feet A front yard or side street side yard 3.0 5% None Permitted Nonresidential Bonus: See Minimum Sum of Side Yards: 0 Feet equal in width to the front yard Node 62.338, Subd. 3 Primary Uses as listed Minimum Rear Yard: 0 Feet required in the adjacent residential in Article 62.338, TOD zoning districts shall be provided on Minimum Front Yard: 5 Feet 60 feet TOD any lot abutting a side lot line of any Minimum Required Side Yard: 5 Feet Site Appearance 2.0 5% None Bonus: See lot in the R-1 or R-2 Zoning District. Minimum Sum of Side Yards: 10 Feet Corridor Standards 62.338, Subd. 3 Minimum Rear Yard: 5 Feet 70 feet A front yard or side street side yard Building Containing TOD 4.0 5% None Bonus: See Minimum Front Yard: 10 Feet equal in width to the front yard Permitted Residential Node 62.338, Subd. 3 Minimum Required Side Yard: 5 Feet required in the adjacent residential Primary Uses as listed in Minimum Sum of Side Yards: 10 Feet zoning districts shall be provided on 60 feet TOD Article 62.338, TOD Site Minimum Rear Yard: 5 Feet any lot abutting a side lot line of any 3.0 5% None Bonus: See Corridor Appearance Standards lot in the R-1 or R-2 Zoning District. 62.338, Subd. 3 Minimum Front Yard: 0 Feet Building Containing a 70 feet TOD Minimum Required Side Yard: 0 Feet A front yard or side street side yard mix of Permitted 5.0 5% None Bonus: See Minimum Sum of Side Yards: 0 Feet equal in width to the front yard Node Nonresidential and 62.338, Subd. 3 Minimum Rear Yard: 0 Feet required in the adjacent residential Residential Primary zoning districts shall be provided on Minimum Front Yard: 5 Feet 60 feet Uses as listed in Article TOD any lot abutting a side lot line of any Minimum Required Side Yard: 5 Feet 4.0 5% None Bonus: See 62.338 TOD Site lot in the R-1 or R-2 Zoning District. Minimum Sum of Side Yards: 10 Feet Corridor 62.338, Subd. 3 Appearance Standards Minimum Rear Yard: 5 Feet References 1 Use Category Location Maximum Minimum Maximum Minimum Minimum Setbacks Corner Yards Floor Area Percentage of Permitted Lot Size See Also Section 62.XXX Ratio: Landscape Height Building Placement for Area Maximum Setbacks General Yard Requirements in Definition of Definition of Paragraph Section 63.100 Landscape Height/Exceptions 62.116 & Paragraph 63.110(1) & Definition of Area & Section in Paragraph Definitions of Front Yard 63.130 60.424 Lot, Site Paragraph 63.110(3) & Definition of Side Yard Paragraph 63.110(2) & Definition of Rear Yard 62.337 TOD SITE APPEARANCE STANDARDS The standards in this table identify the site appearance standards applying to uses in the TOD Zoning District. COMMENTARY: The Row labeled PRIMARY REFERENCE at the top of the chart identifies for users of the ordinance the primary section of the ordinance where regulations for that category of standard will be found. The Row labeled NOTES identifies additional paragraphs in the ordinance that apply to the particular category of standard under which they are listed. ABBREVIATIONS/SYMBOLS in the table: Stnd is the abbreviation for “Standards” CATEGORY List Use Applicable Additional APPEARANCE CONTROL STANDARDS REQUIRED OF of Type Detailed Regulations OFF-STREET PARKING STANDARDS Permitted Regulations Hours of Exterior Sign Landscape Exterior Site Bufferyard Uses Operation Lighting Regulations Material Point Storage Location Indicator Base Regulations Requirement SEE DEFINITION OF PARKING AND PRIMARY PARAGRAPH PARAGRAPH PARAGRAPH PARAGRAPH PARAGRAPH PARAGRAPH PARAGRAPH PARAGRAPH PARAGRAPH PARAGRAPH PARAGRAPH 62.121 REFERENCE 62.111 62.112 62.113 62.123 62.132 62.133 62.135 62.134 62.124 62.125 NOTES Description of each Use Regulations Primarily To Determine category found in Section found in Sec. found in Par. Req. Buffer Section Section Section Section Section Regulations for off-street 62.140 62.380 65.263 see 63.260 63.210 63.220 63.230 63.240 63.250 parking in Section 63.400 Multi-Family Residential I 62.727(1) 62.266 (1) (3) C R 12 T VII MINIMUM: 0.5 PER UNIT 62.263 (5) MAXIMUM: 1.5 PER UNIT Semi-Transient I 62.727(1) 62.266 (1) (3) C R 12 T VII MINIMUM: 0.5 PER UNIT Accommodations 64.132 MAXIMUM: 1 PER UNIT Medical Stay Dwelling Unit I 62.141 (11) 62.263 (6) 62.266 (1) Congregate Housing I 62.727(1) 62.266 (1) (3) C R 12 T VII MINIMUM: 0.5 PER UNIT MAXIMUM: 1 PER UNIT Transient Accommodations I D D 5 T,A VIII MINIMUM: 0.5 PER UNIT MAXIMUM: 1 PER UNIT Offices I D C 5 T,A VIII MINIMUM: 1 PER 700 SQFT F.A. MAXIMUM: 1 PER 400 SQFT F.A. Research and Testing I D C 5 T,A VIII MINIMUM: 1 PER 700 SQFT F.A. MAXIMUM: 1 PER 400 SQFT F.A. Business Service I D C 5 T,A VIII MINIMUM: 1 PER 600 SQFT F.A. MAXIMUM: 1 PER 300 SQFT F.A. Personal Service I D C 5 T,A VIII MINIMUM: 1 PER 600 SQFT F.A. MAXIMUM: 1 PER 300 SQFT F.A. 2 COMMENTARY: The Row labeled PRIMARY REFERENCE at the top of the chart identifies for users of the ordinance the primary section of the ordinance where regulations for that category of standard will be found. The Row labeled NOTES identifies additional paragraphs in the ordinance that apply to the particular category of standard under which they are listed. ABBREVIATIONS/SYMBOLS in the table: Stnd is the abbreviation for “Standards” CATEGORY List Use Applicable Additional APPEARANCE CONTROL STANDARDS REQUIRED OF of Type Detailed Regulations OFF-STREET PARKING STANDARDS Permitted Regulations Hours of Exterior Sign Landscape Exterior Site Bufferyard Uses Operation Lighting Regulations Material Point Storage Location Indicator Base Regulations Requirement SEE DEFINITION OF PARKING AND PRIMARY PARAGRAPH PARAGRAPH PARAGRAPH PARAGRAPH PARAGRAPH PARAGRAPH PARAGRAPH PARAGRAPH PARAGRAPH PARAGRAPH PARAGRAPH 62.121 REFERENCE 62.111 62.112 62.113 62.123 62.132 62.133 62.135 62.134 62.124 62.125 NOTES Description of each Use Regulations Primarily To Determine category found in Section found in Sec. found in Par. Req. Buffer Section Section Section Section Section Regulations for off-street 62.140 62.380 65.263 see 63.260 63.210 63.220 63.230 63.240 63.250 parking in Section 63.400 Educational Services I D C 5 T,A VIII MINIMUM: 1 PER 5 STUDENTS PLUS 1 PER EMP. PRESENT DURING LARGEST CLASS ATTENDANCE PERIOD MAXIMUM: 1 PER 3 STUDENTS PLUS 1 PER EMP. PRESENT DURING LARGEST CLASS ATTENDANCE PERIOD Membership Organizations I D C 5 T,A IX MINIMUM: 1 PER 6 PERSONS BASED ON MAXIMUM CAPACITY OF BUILDING MAXIMUM: 1 PER 4 PERSONS BASED ON MAXIMUM CAPACITY OF BUILDING Day Care Facility I D C 5 T VII MINIMUM: 1 PER 2 EMP. ON LARGEST SHIFT MAXIMUM: 1 PER EMP. ON LARGEST SHIFT Medical Facilities I C C 5 T VII MINIMUM: 3 PER PRINCIPAL MEDICAL PROFESSIONAL MAXIMUM: 5 PER PRINCIPAL MEDICAL PROFESSIONAL Offender Transitional III, Phase I 62.381(1), 62.263(C) MINIMUM: 0.5 PER UNIT Housing - must meet 62.940-62.945 MAXIMUM: 1 PER UNIT standards of congregate housing, if single family detached structure, or multi- family housing, depending on structure Nursing & Personal Care I C A 12 T VII MINIMUM: 1 PER 2 EMP. ON LARGEST SHIFT PLUS 1 PER 10 BEDS MAXIMUM: 1 PER EMP. ON LARGEST SHIFT PLUS 1 PER 6 BEDS Veterinary Service I 62.383(C) D C 5 T,A VIII MINIMUM: 1 PER PRINCIPAL MEDICAL PROFESSIONAL MAXIMUM: 3 PER PRINCIPAL MEDICAL PROFESSIONAL Fast Food Restaurant I D C 5 T,A IX MINIMUM: 1 PER 8 SEATS PLUS 1 PER EMP. ON LARGEST SHIFT MAXIMUM: 1 PER 3 SEATS PLUS 1 PER EMP. ON LARGEST SHIFT 3 COMMENTARY: The Row labeled PRIMARY REFERENCE at the top of the chart identifies for users of the ordinance the primary section of the ordinance where regulations for that category of standard will be found. The Row labeled NOTES identifies additional paragraphs in the ordinance that apply to the particular category of standard under which they are listed. ABBREVIATIONS/SYMBOLS in the table: Stnd is the abbreviation for “Standards” CATEGORY List Use Applicable Additional APPEARANCE CONTROL STANDARDS REQUIRED OF of Type Detailed Regulations OFF-STREET PARKING STANDARDS Permitted Regulations Hours of Exterior Sign Landscape Exterior Site Bufferyard Uses Operation Lighting Regulations Material Point Storage Location Indicator Base Regulations Requirement SEE DEFINITION OF PARKING AND PRIMARY PARAGRAPH PARAGRAPH PARAGRAPH PARAGRAPH PARAGRAPH PARAGRAPH PARAGRAPH PARAGRAPH PARAGRAPH PARAGRAPH PARAGRAPH 62.121 REFERENCE 62.111 62.112 62.113 62.123 62.132 62.133 62.135 62.134 62.124 62.125 NOTES Description of each Use Regulations Primarily To Determine category found in Section found in Sec. found in Par. Req. Buffer Section Section Section Section Section Regulations for off-street 62.140 62.380 65.263 see 63.260 63.210 63.220 63.230 63.240 63.250 parking in Section 63.400 Standard Restaurant I D C 5 T,A VIII MINIMUM: 1 PER 8 SEATS PLUS 1 PER EMP. ON LARGEST SHIFT MAXIMUM: 1 PER 3 SEATS PLUS 1 PER EMP. ON LARGEST SHIFT Retail Trade I D D 5 T,B VIII MINIMUM: 1 PER 600 SQFT F.A. MAXIMUM: 1 PER 300 SQFT F.A. Communications II D C 5 T,A VIII MINIMUM: 1 PER 400 SQFT F.A. MAXIMUM: 1 PER 200 SQFT F.A. Emergency Services II D B 5 T,S,50% VIII MINIMUM: 0.75 PER EMPLOYEE MAXIMUM: 1 PER EMPLOYEE 62.385 Parking Facility associated I E B 8.5 T,A VIII with a City-designated park and ride Indoor Athletic Facility I D C 5 T,A VIII MINIMUM: 1 PER 400 SQFT F.A. MAXIMUM: 1 PER 100 SQFT F.A. Indoor Recreation I D C 5 T,A III MINIMUM: 1 PER 8 PERSONS BASED ON MAXIMUM CAPACITY OF BUILDING MAXIMUM: 1 PER 4 PERSONS BASED ON MAXIMUM CAPACITY OF BUILDING Drinking & Entertainment I E D 5 T,A IX MINIMUM: 1 PER 8 PERSONS BASED ON MAXIMUM CAPACITY OF BUILDING MAXIMUM: 1 PER 4 PERSONS BASED ON MAXIMUM CAPACITY OF BUILDING Adult Establishment I D B 5 T,A I VIII MINIMUM: 1 PER 400 SQFT F.A. MAXIMUM: 1 PER 200 SQFT F.A. Area Accessory I 62.930 62.933 D A 8.5 T,A 62.936 VIII MINIMUM: 30% OF Development REQUIREMENT IN 62.935 MAXIMUM: REQUIREMENT IN 62.935 4 COMMENTARY: The Row labeled PRIMARY REFERENCE at the top of the chart identifies for users of the ordinance the primary section of the ordinance where regulations for that category of standard will be found. The Row labeled NOTES identifies additional paragraphs in the ordinance that apply to the particular category of standard under which they are listed. ABBREVIATIONS/SYMBOLS in the table: Stnd is the abbreviation for “Standards” CATEGORY List Use Applicable Additional APPEARANCE CONTROL STANDARDS REQUIRED OF of Type Detailed Regulations OFF-STREET PARKING STANDARDS Permitted Regulations Hours of Exterior Sign Landscape Exterior Site Bufferyard Uses Operation Lighting Regulations Material Point Storage Location Indicator Base Regulations Requirement SEE DEFINITION OF PARKING AND PRIMARY PARAGRAPH PARAGRAPH PARAGRAPH PARAGRAPH PARAGRAPH PARAGRAPH PARAGRAPH PARAGRAPH PARAGRAPH PARAGRAPH PARAGRAPH 62.121 REFERENCE 62.111 62.112 62.113 62.123 62.132 62.133 62.135 62.134 62.124 62.125 NOTES Description of each Use Regulations Primarily To Determine category found in Section found in Sec. found in Par. Req. Buffer Section Section Section Section Section Regulations for off-street 62.140 62.380 65.263 see 63.260 63.210 63.220 63.230 63.240 63.250 parking in Section 63.400 Drive-in Facility Based on 62.383(B) APPEARANCE CONTROLS FOR DRIVE-IN USES STACKING REQUIREMENTS: underlying CONTROLLED BY UNDERLYING USE TYPE FINANCIAL INSTITUTIONS: 8 INBOUND & 1 OUTBOUND SPACE/LANE use type RESTAURANTS (FAST FOOD): SAME AS FINANCIAL INSTITUTIONS CAR WASH (MANUAL): 5 INBOUND & 2 OUTBOUND SPACES PER BAY CAR WASH (MACHINE): 10 INBOUND & 1 OUTBOUND SPACE/BAY OTHER USES: 3 INBOUND & 1 OUTBOUND SPACE PER SERVICE LANE 5 62.338 ADDITIONAL SITE DEVELOPMENT STANDARDS Subd 1. Building Placement: At least 65 percent of the first floor of the front façade of each primary building shall be located not more than 10 feet from each front lot line. In cases where a recorded easement requires a larger set-back, at least 65 percent of the first floor of the front façade of each primary building shall be located no further than the minimum distance required by the recorded easement. Subd. 2. Building Design A. The maximum building length shall be 150 feet. B. Setback areas between a public or private street (excluding alleys) and the structure shall be occupied with pedestrian oriented space as defined in Article 63.275. C. Each street-facing facade of a building with a horizontal length greater than 60 feet shall incorporate architectural features that visually interrupt the wall plane to reduce the perceived massing and scale of the building and provide a better pedestrian experience. Street-facing building facades with a horizontal length between 60 and 89 feet shall incorporate at least one of the following elements; street-facing building facades between 90 and 119 feet in horizontal length shall incorporate at least two of the following elements; and street-facing building facades over 120 feet must incorporate at least three of the following elements. Required architectural elements shall be spaced no more than 60 feet apart. Buildings may choose to use a single element more than once, or may choose to use different elements listed below to meet this requirement. Acceptable architectural elements for meeting this standard include: (1) Differences in roof form (e.g. flat or sloped); (2) A change in parapet height of at least 2 vertical feet; (3) Horizontally oriented recesses into the building façade plane at least 8 inches deep and at least 8 inches wide (this element may be installed along the entire building façade, but if so installed shall only count as one of the required elements on any street-facing building façade longer than 60 feet); (4) Horizontally oriented projections at least 8 inches in vertical height extending at least 8 inches outward from the building façade plane; and extending along at least 30 horizontal feet of the building façade (this element may be installed along the entire building façade, but if so installed shall only count as one of the required elements on any street-facing building façade longer than 60 feet); (5) Pilasters extending outward at least 8 inches from the building façade plane and at least 8 inches wide, that have a height equal to at least 80 percent of the building façade height; (6) Vertically oriented recesses extending at least 8 inches into the building façade plane, and at least 8 inches wide, that have a height equal to at least 80 percent of the facade height; (7) Visually significant changes in texture and/or color of wall surfaces, as determined by the Director; (8) Ground level arcades or awnings extending for a horizontal distance of at least 20 feet; 6 (9) Second floor balconies on at least 50 percent of the residential units on the building facade; (10) Cornices at least 8 inches in vertical height extending at least 8 inches outward from the building façade and extending along at least 30 horizontal feet of the building façade (this element may be installed along the entire building façade, but if so installed shall only count as one of the required elements on any street-facing building façade longer than 60 feet); or (11) Pedestrian entries designed so that the doors are recessed at least 2 feet from the building façade or project at least 2 feet outward from the building facade. Subd. 3. Minimum Building Height A. In TOD Nodes, portions of new primary structures located within 100 feet of N. and S. Broadway ndth Ave, 2 St SW, and 4 St. SE/Collegeview Rd. shall be a minimum of 40 feet in height. B. In TOD Corridors, portions of new primary structures located within 100 feet of N. and S. ndth Broadway Ave, 2 St SW., and 4 St SE shall be a minimum of 25 feet in height. Subd. 4. Bonus Building Height: A. Notwithstanding the maximum building height listed in Table 62.XXX TOD General Zoning District Regulations, projects located in those areas indicated as Height Bonus Available on the TOD District Map may exceed the maximum building height listed in Table 62.XXX TOD General Zoning District Regulations as shown in the following table, except as stated in subsections 4.B and 4.C below. Element provided Bonus At least 20% of the gross floor area is 12 additional feet in height residential At least 30% of the gross floor area is 16 additional feet in height residential At least 40% of the gross floor area is 22 additional feet in height residential B. No height bonus may result in a maximum building height exceeding 90 feet. C. No height bonus may result in a building located in a neighborhood protection area (as defined in Subd. 13 below) exceeding the maximum building height permitted by Subd. 13. Subd. 5. Building Entrances A. Each primary structure shall have at least one pedestrian entrance on each façade facing a nd public right-of-way. If the lot has frontage on those portions of N. and S. Broadway, 2 St SW, or th 4 St SE/Collegeview Rd., the required entrance shall face those streets. If the lot does not have ndth frontage on Broadway, 2 St. SW, or 4 St. SE/Collegeview Dr. E, the pedestrian entrance shall face the front lot line. B. If there are multiple ground-floor tenant spaces facing a public right-of-way, each ground floor tenant space with 25 feet of frontage or more shall have at least one pedestrian entrance facing 7 that public right-of-way. As an exception to this standard, a maximum of two abutting ground floor tenants may share a single pedestrian entrance facing that public right-of-way. C. Each required pedestrian entrance shall open directly to the outside and have direct access to the adjacent sidewalk without requiring pedestrians to pass through a garage, parking lot, or a non-pedestrian area located between the pedestrian entrance and the street or right-of-way. Subd. 6. Windows: A. Each façade of a primary building facing a public right-of-way shall have transparent windows or other transparent glazed area covering: (1) 65 percent or more of the ground floor façade area, as measured between three and eight feet above sidewalk grade; and (2) 30 percent or more of each floor level of the façade above the ground floor, as measured between three and eight feet above each floor level. B. Required ground floor window or glazed areas shall have a visible light transmittance ratio of 0.6 or higher, and shall not include reflective or heavily tinted windows. Subd. 7. Access and Connectivity A. Sidewalks, Pedestrian Circulation, and Vehicular Connectivity (1) The internal vehicular, bicycle, and pedestrian circulation systems (“circulation systems”) of each development shall be designed to allow vehicular, bicycle, and pedestrian cross-access between the circulation systems of the proposed development and the circulation systems of existing or allowable future development on adjoining lots. The Director may adjust or waive this requirement if the Director determines that it is unlikely that the cross-access provisions will be available on the adjoining lot within a reasonable period of time. (2) Sidewalks shall be provided on both sides of the street, and shall comply with the following standards: ndth a. On property fronting N. or S. Broadway, SW. 2. St, or SE. 4 St./Collegeview Dr., sidewalks shall be a minimum of 10 feet in width, and a planting strip at least five feet in width shall be located between the sidewalk and the street. ndth b. On property fronting any street other than N. or S. Broadway, SW. 2 St., or SE. 4 St./Collegeview Rd., sidewalks shall be a minimum of 7 feet in width, and a planting strip at least 5 feet in width shall be located between the sidewalk and the street. c. At least one walkway shall be provided from an adjacent sidewalk to each building entrance. d. Where a sidewalk, trail, or other walkway crosses a street, driveway, drive aisle, or parking lot, the crossing shall be clearly marked with a change in paving material, color, or height, decorative bollards, or similar elements. (3) Where a lot or development site includes more than one principal structure, a pedestrian walkway at least 5 feet in width shall be provided between at least one pedestrian entrance in each principal structure. Subd. 8. Parking Design Standards A. In addition to the parking standards in Article 63.400, Off-Street Parking and Loading Regulations, parking facilities in the TOD District shall comply with the following requirements: 8 (1) Surface Parking a. No primary use surface parking lot unrelated to a park and ride location designated by the City shall be located within the TOD District. b. Primary use surface parking lots in park and ride locations designated by the City, and required or permitted accessory parking lots shall comply with the following standards: 1. No portion of the parking lot shall be located within 20 feet of any lot line facing a public or private street (not including alleys), or closer to any public or private street (not including alleys) than the façade of a primary structure, whichever requires the greater distance from the front lot line. 2. The area between each edge of the parking lot facing a public or private street and that street shall be occupied by a pedestrian gathering space with seating, a bicycle parking area, or a landscaped buffer at least 6 feet in width. 3. Surface parking lots with more than 100 parking spaces shall be organized into smaller modules that contain 50 or fewer spaces each and that are visually separated from other parking modules by buildings or landscaped areas. 4. Surface parking lots and structures containing more than 50 parking spaces shall provide clearly identified pedestrian routes between parking areas and the primary pedestrian entrance(s) to the building(s) served by the parking areas. The pedestrian routes shall be designed and located to minimize the pedestrian routes interface with traffic circulation routes, and to provide pedestrian walkways with direct pedestrian and ADA access to the primary building entrance(s). (2) Parking Garage No primary use parking garage unrelated to a park and ride location shall be located within the TOD District. In park and ride locations designated by the City: a) The street-facing façade of the parking garage shall have a minimum floor-to-ceiling height of 13 feet for a depth of at least 30 feet from the street to allow for conversion to a non-parking use in the future. b) The façade of a parking structure facing a street shall comply with the Parking Structure/New Building Appearance Guidelines in Section 63.427 Subd. 12. H. Subd. 9. Bicycle Parking Bicycle parking shall be provided at a rate of 1 per 5 required automobile parking spaces, up to 10 bicycle spaces, and then at a rate of 1 per 20 automobile parking spaces, with a minimum of 5 bicycle parking spaces. Subd. 10. Pedestrian and Site Design Standards A. All developments in the TOD District shall comply with the Pedestrian and Site Design Standards in Sections 63.270 through 63.275 of this Land Development Manual with the exception of the following specific standards: (1) 63.272, Subdivisions 2 and 3; (2) 63.273, Subdivisions 3 and 5; and (3) 63.274, Subdivision 4. 9 B. Where the standards of the TOD District are in conflict with the Pedestrian and Site Design Standards, the provisions of this TOD District shall govern. Subd. 11. Consolidation or Subdivision of Existing Lots: No consolidation of two or more lots existing on the effective date of this section into a parcel of one acre or larger shall be approved, and no subdivision of lots existing on the effective date of this section shall be approved, unless the applicant has submitted a General Development Plan demonstrating that a high level of pedestrian, bicycle, and motor vehicle connectivity will be maintained through the consolidated or subdivided parcel or parcels, and the City has approved that plan as consistent with the goals of the comprehensive plan and with any other approved connectivity plans for abutting or nearby properties. Subd. 12. General Development Plan Required A. Each property located in a TOD Node that contains more than 10 acres of site area (taken individually or with adjacent parcels in common or related ownership) shall obtain approval of a General Development Plan prior to approval of a site plan or issuance of a building permit for construction of a new primary structure. B. The General Development Plan required by subsection 12.A above shall cover either (a) all of the property in the TOD Node, or (b) all of the property in common or related ownership with in the TOD Node, or (c) all of the property in common or related ownership within a portion of the TOD Node bounded that is separated from other portions of the TOD Node by arterial or collector streets. C. The General Development Plan required by subsection 12.A shall designate the following: (1) One pedestrian-oriented street or walkway system extending from the nearest transit stop boundary no further than 300 feet that is located and designed to provide convenient pedestrian access to the transit stop without requiring pedestrians to cross or walk along an arterial or collector street. (2) If a city-designated park and ride is included in the TOD Node, the General Development Plan shall include a street providing automobiles convenient access to that park and ride from collector or arterial streets within or adjacent to the TOD District without crossing the designated pedestrian-oriented street or walkway system. Subd. 13. Neighborhood Protection Standards A. Applicability These neighborhood protection standards apply to those portions of all properties that are: (1) Located (a) within a TOD Corridor district and (b) further than 250 feet from the nearest ndth right-or-way line of N. or S. Broadway, SW. 2 St., or SE. 4 St. /Collegeview Rd., and (c) abutting R-1, R1x, or R2 zoned property; or (2) Located within a TOD Node district and within 100 feet of R-1, R-1x, or R-2 zoned property. B. Standards (1) Height No primary or accessory building shall exceed a maximum height of 35 feet. (2) Landscaping 10 The property line(s) adjacent to the R-1, R-1x, or R-2 zoned property shall include a bufferyard at least equal in design, opacity, and buffering capacity to a Bufferyard Class “F” as regulated in Article 63.265, Definition of Bufferyard Options. (3) Parking No drive-through lane shall be located between a primary structure and a property line abutting or across a public right-of-way from a lot containing a single- or two-family dwelling. (4) Lighting The maximum height of any light pole or lighting installed on any primary or accessory structure shall not exceed 15 feet. Section 2. Sections 60.200, 60.310, 60.320, 62.126, 62.383, 62.727, 63.265, 63.503, 65.320, 65.410 are hereby amended as follows: 60.200 ARCADE: A covered passageway, typically found at street level and often comprised of a series of arches supported by columns, which is accessible and open to the public. AWNING: A shelter projecting from and supported by the exterior wall of a building constructed of non-rigid materials on a supporting framework, often made of wood, cloth, vinyl, or other flexible material. Can be retractable or fixed. BALCONY: A porch or other partially enclosed exterior platform designed for outdoor use attached to the upper floors of a building. CORNICE: A horizontal decorative projection located at the top of a building near the roof line, which may include a roof overhang. PARAPET: An extension of the main walls of a building above the roof line. PILASTER: A rectangular, non-bearing column attached to a building façade as an ornamental design feature PARKING FACILITY: A structure or at-grade site improved for the parking of four (4) or more vehicles where individual parking spaces are accessed from a roadway by means of a driveway and circulation aisles. In the TOD district a permitted parking facility associated with a City designated park and ride may provide automobile maintenance services, such as oil changes and car washes, as an accessory use. 11 60.310 PERFORMANCE DISTRICTS SYMBOL DISTRICT TITLE D Developing District CDC Central Development Core *CN Core Neighborhood Districts ESTABLISHED DISTRICTS *R-Sa Mixed Single Family Overlay *R-1 Mixed Single Family *R-1x Mixed Single Family Extra *R-2 Low Density Residential *R-2x Low Density Residential Extra *R-3 Medium Density Residential *R-4 High Density Residential B-1 Restricted Commercial B-2 Pedestrian Oriented Restricted Commercial B-4 General Commercial B-5 Residential Commercial M-1 Mixed Commercial-Industrial M-2 Industrial M-3 Low Intensity Mixed Commercial Industrial TOD Node Mixed use TOD Corridor Mixed use AG Agricultural MRD Mixed Redevelopment FF Flood Fringe FW Floodway FP Flood Prone PUD Planned Unit Development SD Special District H Holding Zone I Interim Zone *Indicates residential zoning district 60.320 60.323 Established Districts: Subdivision 16. The Transit-Oriented Development (TOD) District is intended to protect opportunities for transit-supportive and transit oriented development. This district requires intensities and patterns of development that support vibrant pedestrian activity, promote the use of transit, and discourage specific land uses and types of development that could potentially interfere with future growth of TOD and transit ridership. The standards of this district are intended to encourage compact urban growth patterns, opportunities for increased transportation mode choice, reduced reliance on the automobile, and a safe and pleasant pedestrian environment. 12 62.126 62.126 Density Determination for Multi-Family Residential Uses: Except in the R-2x District and the TOD District, the density of multi-family residential uses shall be calculated using the following conversion factors: Efficiency Units are equivalent to 0.70 units Units with three or more bedrooms are equivalent to 1.30 units All other units are calculated as 1.00 unit. 62.383 62.383 B. Drive-In Facilities: Subd. 1. In All Districts: That portion of the site area used for vehicle circulation and parking shall be hard-surfaced to control dust. Waste receptacles shall be provided at all exits where readily disposable goods or materials are offered for sale and pick-up through the drive- through. Devices such as speakers shall be designed so that the noise level at the property line does not exceed the maximum decibel level permitted in the zoning district applicable to the adjacent property or the existing ambient noise level as measured at the property line (whichever is greater). Subd 2. In the TOD District: Drive-in facilities in the TOD District shall not: A. Be located or designed so that vehicles using the drive-in facility pass between any public or private street and any portion of any façade of the primary building facing that street; and B. Be accessed directly from, or be located on a lot(s) with a curb cut onto, N. or S. ndth Broadway, SW. 2 St., or SE 4 St./Collegeview Rd. 62.727 62.727 Mixed Use Development, Other Districts: The following criteria shall apply to mixed use developments in nonresidential districts: 1) Residential uses in nonresidential areas of the Central Development Core meeting the standards for permitted residential uses in the R-4 District may be approved as a Type I use subject to the provision that the residential use shall not be located on the ground level of such a development in the Central Business District or Fringe area of the Central Development Core. In addition, landscape area need only meet the requirements for permitted nonresidential uses in the district, and the required usable recreation area can be reduced by 75 percent if the development is within 1/4 mile of a city park or recreational area. 2) Except in the TOD District, the standards of the R-3 District shall be used as a guide for any residential use in a Mixed Use Development in any Nonresidential District outside of the 13 Central Development Core, and shall be processed under a Type III Review Procedure, with the Phase III Hearing Process used. 3) In the TOD District, the standards of the CDC-Fringe District shall be used as a guide for any residential use in a Mixed Use Development, and shall be processed using the type(s) of Review Procedures listed for the included uses in Article 62.XXX TOD District General Development Standards. If the included uses are listed with different Review Procedures, the Review Procedure requiring the higher level of review shall be used. 4) Nonresidential uses not normally permitted in the underlying district shall use as guidelines the standards for permitted uses in the underlying zoning district, and shall be processed under a Type III Review Procedure, with the Phase III Hearing Process used. 5) Other uses in any development district created pursuant to Minnesota Statutes Chapter 472A may be considered by the Commission and Council subject to the approval criteria applicable to Mixed Use Development, and shall be processed under a Type III Review Procedure, with the Phase III Hearing Process used. Projects under subparagraphs (2), (3), and (4) shall be processed under a Type III Review Procedure, with the Phase III Hearing Process utilized. 63.265 63.265 Definition of Bufferyard Types: Subd. 5. Except as provided in subdivision 6, the required number of boulevard trees shall be determined based on the length of frontage as specified in this subdivision. The measurement of frontage shall not include boulevard area that abuts city parkland within residential development, or areas determined by the Road Authority Engineer to be unavailable for boulevard tree planting due to Road Authority policy. The planting distance is an average distance that will be used to calculate the total number of boulevard trees for the development under review. A. For residential districts R-Sa, R-1, R-1x, R-2, R2x one tree for every 50 feet of frontage. B. For residential districts SD, CDC-Res, R-3, R-4, one tree for every 35 feet of frontage. C. For commercial and industrial nonresidential districts, the required number of trees is equal to the total street frontage divided by 35 feet. Planting locations for individual trees and separation distances will be determined in part by site characteristics, the guidelines established in the Park and Recreation Department Policy on Boulevard Tree Placement and for Standards Associated with New Commercial Buildings with New Business Signs, and the determination of the Park and Recreation Director or designee. Credit will be given for existing boulevard trees as determined by the Park and Recreation Director or designee. 14 65.503 63.503 Exemption: The requirements for Traffic Visibility Zones shall not apply in the Central Business District area of the Central Development Core (CDC) District or any TOD Node in the TOD District. 65.320 65.320 NONCONFORMING USES, EXPANSION: Subdivision 1. A. In all districts except the TOD District, nonconforming uses may be expanded in certain situations subject to approval through the Type III review procedure, utilizing a Phase III hearing process. B. In the TOD District, nonconforming uses may be expanded in certain situations subject to approval through the Type I process, provided the proposal brings the property closer to compliance with the standards in the TOD District. C. In acting on an application for modifying a nonconforming use, the Commission and Council, or staff in the TOD District, shall use the criteria contained in Section 65.330 to compare the impact of the proposed change against the existing development. A proposal where the Commission or staff finds significant injurious impact should be denied or approved with conditions which will mitigate the impact of the proposal. Subd. 2. Potential expansions which the Commission may include: A. Expanding a nonconforming use of structure to a portion of the structure not clearly arranged or designed for such use at the time the use became nonconforming. Such expansion shall not increase the intensity of use (i.e., increasing the number of residential units or increasing amount of nonresidential floor area devoted to the public). B. The addition of new principal buildings or accessory structures on the same parcel of land occupied or under the same ownership on the effective date that the use became nonconforming. The new structures added must be for such purpose that if not associated with the nonconforming use they would be permitted by the zoning district on the property. The applicant must show that the intensity of use will not substantially increase over the current level of activity with the addition of the new structures. 65.410 65.410 ENLARGEMENT OR ALTERATION: A nonconforming structure shall not be enlarged or altered in any way which increases its nonconformity except under the process outlined in Sections 65.320 and 65.330. If the structure is located in a TOD district, the expansion of a non-conforming structure by 25% or less would be exempt from the minimum height requirement. 15 Section 3. This ordinance shall become effective as of the date of its publication. PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF ROCHESTER, MINNESOTA, THIS ________ DAY OF _______________, 2019. ___________________________________ PRESIDENT OF SAID COMMON COUNCIL ATTEST: __________________________ CITY CLERK APPROVED THIS _______ DAY OF _________________, 2019. ___________________________________ MAYOR OF SAID CITY (Seal of the City of Rochester, Minnesota) Ord15/TOD 16