The Village Mixed Use Zone is established to provide an opportunity for the measured, context sensitive addition of residential housing to existing commercial properties in and around areas identified as commercial and neighborhood nodes in the 2017 Murray City General Plan. Allowing the introduction of residential uses to existing commercial areas is intended to support the goals and principles of mixed-use development by facilitating a more compact, sustainable, and pedestrian oriented land use pattern as existing commercial nodes redevelop over time. (Ord. 21-21)

The Village Mixed Use Zone should be considered for application to a property or properties within an established development having a minimum area of three (3) acres or more, and to those properties which are currently zoned or used for non-residential uses. (Ord. 21-21)

The Village Mixed Use (VMU) Zone should only be considered where Murray City officials find that mixed-use zoning will result in land use patterns and development that will meet a minimum of five (5) of the following goals. The application of the VMU Zone should foster development proposals that:

   A.   Result in high-quality redevelopment of commercial properties.

   B.   Retain and/or rehabilitate the commercial use of a significant portion of the property area.

   C.   Facilitate the adaptive re-use of existing commercial structures.

   D.   Increase local access to commercial services for in-project residents as well as for the residents of the immediately surrounding and nearby neighborhoods.

   E.   Promote a greater variety of housing options within Murray neighborhoods.

   F.   Promote opportunities for life-cycle housing, and housing for moderate income households.

   G.   Provide increased walkability on the project site and result in walkable connections to the surrounding residential neighborhoods.

   H.   Create and contribute to a sense of place and community.

   I.   Result in improved conditions for buffering and transition between the project site and adjacent residential uses. (Ord. 21-21)

Residential and non-residential land uses in the VMU Zone should complement one another and foster the creation of a village node with commercial uses that are utilized by the residents on the same site and by residents of the surrounding area. No outside storage will be allowed in the VMU Zone. The following are permitted uses in the VMU Zone. Any use not listed shall be prohibited.

 

(Ord. 21-21)

The following land uses require conditional use permit review and approval by the Planning Commission. The Commission must find that the proposed use will contribute to the creation of a village node, complementing and encouraging use by the on-site residents and fostering connection to and use by residential uses in the surrounding area. No outside storage will be allowed for use in the VMU Zone. Any use not listed shall be prohibited.

 

(Ord. 21-21)

Development of a new mixed-use project, including redevelopment of an existing site to include new residential uses, requires master site plan review and approval by the Planning Commission in a public meeting. Applications for master site plan approval must be made on forms provided by the Community and Economic Development Department. In addition to the requirements of this zone, the Planning Commission shall address the following when considering an application for master site plan approval:

   A.   Building Orientation: Commercial and residential buildings in the same project should be oriented primarily to face public and private streets and accesses, and not parking lots. The orientation of commercial buildings in mixed-use projects should consider the residential components of the project and facilitate convenient access to them.

   B.   Central Feature: A prominent, centrally located feature such as a park, plaza, or gathering place shall be provided to unify the residential and commercial uses of the project. This location should include features and amenities to encourage public use and activity, with convenient access from both residential and commercial components of the development.

   C.   Outdoor Spaces: Buildings should be designed to form outdoor spaces such as courtyards, plazas, and terraces that can integrate the components of the development. Pedestrian walkways linking the components of the development with these outdoor spaces and the public streets should be developed. Potential linkages to existing and future adjacent developments must be considered.

   D.   Master Site Plan Agreement: Mixed-use developments that require master site plan approval shall be approved in conjunction with a master site plan agreement between Murray City and the developer. The master site plan agreement shall govern requirements for phasing of the project, the timing of the installation of improvements, performance on construction of critical development components, and shall further memorialize the requirements for development of the several buildings and parcels as contained in the master site plan and other project approvals.

      1.   Required Elements: The master site plan agreement must address the following components of the proposed project:

         a.   Allowed phasing of residential and commercial development components.

         b.   Allowed residential densities.

         c.   Required parking for all uses.

         d.   Buffering of adjacent single-family zones.

         e.   Adequate public facilities and services.

         f.   Establishment, maintenance, or enhancement of commercial elements.

   E.   Master Site Plan Application Requirements: When making applications for master site plan approval to the Planning Commission, the applicant shall provide the following at a minimum:

      1.   Traffic Impact Study: The study must be prepared by a licensed traffic engineer and analyze the traffic impacts of the proposed development on surrounding public and private transportation facilities.

      2.   Parking Analysis: The applicant must prepare a parking analysis for the proposed mix of uses, demonstrating that the project's parking and circulation needs can be accommodated.

      3.   Adequate Public Utilities And Facilities: In order to determine the availability of an impact upon public facilities and services the applicant shall conduct a review of all public utilities including power, water, sanitary sewer, and storm water with the Public Works Department.

      4.   Public Services Review: The City may require review of the project's impact upon services including police, fire, schools, parks, and others. (Ord. 21-21)

The following standards for setbacks or facades and entries are intended to contribute to the active, pedestrian-oriented streetscape that is envisioned for mixed-use development in the VMU Zone.

   A.   Building facades will occupy a minimum of fifty percent (50%) of the total linear feet of property frontage on public streets with setbacks between twelve feet (12') and eighteen feet (18') from the back of curb and gutter.

      1.   Exception: Existing buildings in new developments in the VMU Zone are exempt from this requirement.

   B.   Greater setbacks can be proposed in order to accommodate site features such as outdoor dining or gathering spaces. If greater setbacks are approved under this provision, development should be designed such that building facades occupy a minimum of sixty-five percent (65%) of the total linear feet of property frontage on public streets within twenty-five feet (25') of the back face of curb and gutter.

   C.   Parking and/or driveways are not permitted in the front setback area of any building, or between the building and the street. Drive-thru lanes may be approved in front setback areas as part of a master site plan if the Planning Commission finds that the purposes and other requirements of the VMU Zone are not negatively impacted. (Ord. 21-21)

The following development standards are established for all applications in the Village Mixed Use (VMU) Zone. Residential uses are allowed only in projects with associated commercial components as required herein. The intent of the VMU Zone is to allow residential uses as additions to otherwise commercial properties which currently serve local residential areas, and to thereby foster the development of a commercial node or village. The master site plan should reflect this intent visually and functionally.

   A.   Residential Density: Projects for development or redevelopment of property in the VMU Zone are allowed a residential density of twenty-five (25) units per acre. Density per acre is calculated by the total project area. The Planning Commission may allow an increase in residential density where projects will provide additional open space and project amenities or affordable housing according to the requirements of Table C, below.

 

 

   B.   VMU Commercial Requirements: Commercial uses are required for all development and redevelopment projects approved under this section. In the VMU, commercial uses are required along a project's frontage on principal streets. Principal streets are public rights-of-way identified as collectors and arterials in the VMU Zone. Where possible, existing commercial buildings should be maintained, enhanced, or rehabilitated to provide or contribute to the required commercial. Minimum commercial requirements under this section may be met by any combination of new and existing commercial buildings and uses.

      1.   Vertical Mixed-Use Projects: In vertical mixed-use buildings, commercial and retail uses are required on the ground floor of buildings located along the principal streets. Commercial uses shall occupy a minimum of seventy percent (70%) of the width of the ground floor of buildings adjacent to a principal street for an extended depth of forty feet (40'). The balance of the ground floor may be occupied by residential uses, project amenities, and parking.

      2.   Horizontal Mixed-Use Project: Horizontal mixed-use projects shall provide a minimum commercial square footage component equal to an area calculated as seventy percent (70%) of the project frontage on a principal street and forty feet (40') in depth. For projects which comprise multiple parcels, square footage shall be calculated based on total project frontage on principal streets.

      3.   Reduction Of Required Commercial: The Planning Commission may allow a reduction in the required commercial space where projects will provide additional open space and project amenities or affordable housing according to the requirements of Table D, below.

 

 

      4.   Live/Work Units: The inclusion of live/work units may be used to meet the requirement for commercial uses in mixed-use development subject to the following considerations:

         a.   Excluding private garage space, the entire ground floor of the live/work unit must be designed, constructed, and used as commercial space.

         b.   Commercial spaces within the live/work unit that are used to satisfy the minimum commercial square footage or frontage requirements of this chapter may not be used for residential parking or storage.

         c.   The live/work unit's first story height must be a minimum of twelve feet (12').

         d.   Parking provided for the live/work unit(s) must meet both the residential and commercial requirements of this chapter.

         e.   Live/work units may provide no more than twenty percent (20%) of the commercial space required under this section.

   C.   Buffering Required: Buffering measures are required for projects directly abutting single-family residential zones, including the following:

      1.   Building Separation And Landscaped Buffer: Buildings must be separated from property lines adjacent to single-family zoning by amenities, interior accesses, surface parking, or open space in addition to a landscaped buffer of not less than ten feet (10') in width and a solid screening fence or wall of not less than six feet (6') in height. The landscape buffer shall include trees planted at no less than two-inch (2") caliper and not less than thirty feet (30') on center. Where the landscape buffer is located between the adjacent residential zone and an interior access or surface parking, the buffer may be reduced to five feet (5').

      2.   Gradation Of Density: No individual residential building located directly adjacent to the required buffer may contain more than eight (8) attached units. Buildings located directly adjacent to the required buffer shall represent the lowest residential density units in the project.

   D.   Height: New buildings in mixed-use projects developed or redeveloped in the VMU Zone shall conform to the height regulations established herein.

      1.   The height of a structure located within one hundred feet (100') of the nearest boundary of a single-family residential zone may not exceed thirty-five feet (35').

      2.   Number Of Stories: No building within one hundred feet (100') of a single-family residential zone boundary may consist of more than two (2) stories.

      3.   The inclusion of rooftop gardens and rooftop patios located above the highest occupied floor of any residential or mixed-use building is prohibited within one hundred feet (100') of a single-family zone boundary.

      4.   Live/work units without rooftop decks and located at least fifty feet (50') from an adjacent single-family zone boundary may consist of no more than three (3) stories or forty feet (40') in height, whichever is less.

      5.   Commercial Buildings: New commercial mixed-use buildings shall be erected to a minimum height of two (2) stories.

   E.   Block Length: To facilitate and promote human scale and pedestrian connectivity in development and redevelopment in the VMU Zone, clock lengths should not exceed three hundred feet (300'). In no case should a single building font, regardless of block length, exceed three hundred feet (300') with no physical break to allow either vehicular of pedestrian access through the building. Block length may be broken under this section by:

      1.   Intersection with an alley or pedestrian path. Only pedestrian paths with a minimum width of fifteen feet (15') may be considered to limit block length under this section.

      2.   Intersection with another interior access or public street.

      3.   The installation of midblock pedestrian crossing on interior accesses or public streets. Such crossings should be signalized where possible. Where signalized crossings are not possible the crossing should be signed, striped, or delineated with different colors or paving materials.

   F.   Building Requirements: To promote human scale and pedestrian activity, the Planning Commission shall consider the following when reviewing new and redeveloping buildings and structures in the VMU Zone:

      1.   Walls, partitions, and floor/ceiling assemblies separating dwelling units from each other or from public or service areas shall have a sound transmission class (STC) of not less than fifty (50) for airborne noise.

      2.   Blank walls shall not occupy over fifty percent (50%) of a principal frontage. Non-residential buildings and structures shall not have a section of blank wall exceeding thirty (30) linear feet without being interrupted by a window, entry, pilaster, or similar element. All development shall provide ground floor windows on the building facade and adjacent to a public or private street, including private pedestrian only streets, parks, paths, or courts. Darkly tinted windows and mirrored windows which block two-way visibility are prohibited as ground floor windows.

      3.   All buildings fronting on a public street shall have at least one public entrance per use or business which fronts on the street.

      4.   Water conserving plumbing fixtures shall be used. Such fixtures shall include but are not limited to dual flush toilets and low volume showers and lavatories which cannot be adjusted or modified.

      5.   All buildings and structures shall be maintained in good condition.

      6.   Nothing in this section shall be construed to limit the authority of the Planning Commission or Community and Economic Development staff to review building materials, design elements, and aesthetic considerations as it deems proper to mitigate or modify the visual impact of the height of buildings upon surrounding land uses. (Ord. 21-21)

The VMU Zone is intended to support compact, pedestrian-oriented, mixed-use designs, and to encourage the development of commercial, neighborhood, and village nodes. The following regulations shall apply to mixed-use development and redevelopment of projects and properties in the VMU Zone.

   A.   The use of parking decks and structures is encouraged. Parking structures and decks should provide the majority of parking in developments made in the VMU Zone.

      1.   Direct Access Required: Parking decks and structures must provide direct, interior, or weather protected access to the building, uses and projects that they serve.

      2.   Exception: The Planning Commission may approve parking intended to fill commercial requirements in structures located up to three hundred feet (300') from the commercial location if it can be shown to be necessary.

      3.   Wayfinding signage and marked pedestrian pathways through structures and sites must be provided in all structure and surface parking.

   B.   On-street parking adjacent to the development parcel shall not count toward the minimum parking required by this chapter.

   C.   Minimum Parking Requirements: The parking requirements contained in Table E below are to be applied for mixed-use development and redevelopment within the VMU Zone.

 

(Ord. 21-21)

   A.   Application for new mixed-use development or redevelopment of existing sites in the VMU Zone shall include construction and installation of the adjacent sidewalks, park strips, and other landscaping, curbs, gutters, lighting, and street furniture as required in this section.

   B.   Curbside Management Plans: New development and redevelopment projects reviewed in the VMU Zone shall include curbside management considerations with plans for the installation of public and private improvements. Curbside management planning must thoughtfully address:

      1.   The location of loading and unloading space for public transportation, ride-sharing, and micro-transit.

      2.   The location of consolidated, easily identifiable space for commercial freight loading and unloading if needed, and the accommodation of delivery for residential and commercial uses in the development.

   C.   Public Improvements: For new construction and redevelopment generally, dedication of additional right-of-way to accommodate the improvements will be required in conjunction with the application for development. Improvements within the rights-of-way for public streets shall include, but not be limited to the following:

      1.   Seven foot (7') wide paved sidewalks with an eight foot (8') landscaped park strip adjacent to the curb and gutter or fifteen foot (15') wide paved sidewalk with five foot (5') tree wells adjacent to the curb as approved by the Planning Commission.

      2.   Street trees shall be spaced between thirty feet (30') and forty feet (40') on center as approved by the City. Landscaping and tree grates to be approved by the City.

      3.   Street lighting shall be spaced between ninety feet (90') and one hundred ten feet (110') as approved by the City.

   D.   The following public improvement street furnishings are required for mixed-use developments in the VMU Zone:

      1.   Benches shall be placed on every development at two (2) benches per one hundred (100) linear feet of street frontage.

      2.   Trash cans shall be placed on every development at one can per one hundred (100) linear feet of street frontage.

      3.   Bicycle racks shall be placed on each development as follows:

         a.   The minimum number of bicycle parking spaces for any use shall be five percent (5%) of the vehicular parking spaces required for such use, up to a maximum of twelve (12) spaces.

         b.   In all cases where bicycle parking is required, no fewer than two (2) shall be provided.

         c.   All proposed bicycle racks shall be clearly shown on the site plan indicating location.

         d.   Bicycle parking spaces shall be:

            (1)   At least two feet by six feet (2' x 6') per bicycle.

            (2)   Designed to have sufficient space of twenty-four inches (24") beside each parked bicycle to allow access. This access may be shared by adjacent bicycles. Racks shall be installed a minimum of twenty-four inches (24") from any wall or other obstruction.

            (3)   Located to prevent damage to bicycles by vehicles, etc.

            (4)   Located in a convenient, visible, lighted area.

            (5)   Located so as not to interfere with pedestrian movements.

            (6)   As near the principal entrance(s) of the building as practical.

            (7)   Located to provide safe access to and from the street.

            (8)   Designed to allow each bicycle to be supported by its frame.

            (9)   Designed to allow the frame and wheels of each bicycle to be secured against theft.

            (10)   Anchored to resist rust or corrosion, or removal by vandalism.

            (11)   Designed to accommodate a range of bicycle shapes and sizes and facilitate easy locking without interfering with adjacent bicycles. (Ord. 21-21)

   A.   Trash collection and recycling areas, service and storage areas, mechanical equipment and loading docks shall be screened on all sides so that no portion of such areas is visible from the adjacent public streets or alleys and adjacent properties. Screening shall have a minimum height of eight feet (8') and may include accessory buildings, shrubbery and plantings, decorative walls, solid fences, screen panels, doors, topographic changes, buildings, or any combination of the above.

   B.   Where possible, loading and service areas should be combined for multiple users. No single use may have more than one (1) loading dock, and no single building may have more than two (2) loading docks directly adjacent to one another. Loading docks are not to be located in building frontage. (Ord. 21-21)

Mixed-use developments require open space and recreation opportunities for residents and visitors. Development and redevelopment of properties as mixed-use projects in the VMU Zone shall require the following.

   A.   Fifteen percent (15%) of the land area of each development shall be conserved as natural open space and/or provided as landscaping, courtyards, plazas, or walkways. Areas used for drainage retention with a slope greater than three to one (3:1) will not qualify as open space filling the requirements of this section. Outdoor amenities with significant incorporated landscaping or open space elements may qualify as open space filling the requirement of this section upon review and approval by the Planning Commission.

   B.   Each development shall have a system of pedestrian walkways and sidewalks that provide easy connections between the building entrances, neighboring building entrances, sidewalks, parking areas, open space, and public trails. Sustainable landscaping including xeriscape species and innovative water recycling is encouraged.

   C.   Water conserving landscape designs shall be used. All landscaping must be irrigated and planted with substantial live plant material or appropriate xeriscape for the purpose of buffering, screening, and beautifying the site, and shall comply with applicable landscape requirements found in chapter 17.68 of this title, except that lawn shall not be required as stated in subsection 17.68.040A1a of this title. At plant maturity the landscaping shall represent compatibility with surrounding developed properties and uses and must be permanently maintained by the owner or occupants.

   D.   Project Amenities: Project amenities are indoor and outdoor community improvements, elements, and programmed spaces that are available in common to the residents of the mixed-use development. A minimum of two (2) amenities must be provided in each mixed-use project having between thirty (30) and one hundred fifty (150) residential units. Additional amenities are required at a rate of one (1) amenity for each additional one hundred (100) dwelling units or portion thereof beyond the first one hundred fifty (150) units. Where such amenities are required, they must represent a mix of both indoor and outdoor amenities. Selections may be made from the list below, or the Planning Commission may consider and approved the use of other amenities not anticipated here.

      1.   Playing fields.

      2.    Sport courts.

      3.   Playground areas (to include four (4) pieces of playground equipment minimum).

      4.   Picnic areas.

      5.   Tennis courts.

      6.   Swimming pools.

      7.   Exercise rooms, gymnasiums.

      8.   Club rooms.

      9.   Outdoor patio areas.

      10.   Gazebos.

      11.   Walking paths.

      12.   Multi-purpose trails.

      13.   Dog parks.

      14.   Nature paths with improvements.

      15.   Climbing walls and gyms.

      16.   Amphitheaters and outdoor entertainment areas.

      17.   Tot-lots (may consist of single playground equipment with adjacent seating).

      18.   Community gardens.

      19.   Interactive fountains. (Ord. 21-21)