The purpose of a Transit Oriented Development District (TOD) is to encourage pedestrian oriented design, promote development and protect the public health, safety, and welfare by preserving the unique character of existing areas for future use and development. The TOD encourages compact, mixed use development near transit stops. Carefully planned mixed uses, including neighborhood oriented commercial and restaurant space, provide increased opportunities for transit and pedestrian activity. It is established to preserve and encourage the pedestrian character of commercial areas and to promote street life and activity by regulating building orientation and design and accessory parking facilities while prohibiting certain high impact and automobile oriented uses. A TOD is facilitated by site and community design standards that:

   A.   Encourage high quality, compact development and increase the number of residents and workers within walking distance of transit opportunities.

   B.   Encourage a mix of high quality residential, office, commercial, live-work, open space, entertainment, recreation, public and institutional land uses.

   C.   Revitalize areas proximate to transit stations.

   D.   Improve the urban design in the area.

   E.   Encourage active community life within a framework of attractive and welcoming buildings and usable open spaces.

   F.   Coordinate the urban design and streetscape elements in order to create a distinct visual quality for the area.

   G.   Manage parking and access in a manner that enhances pedestrian safety, pedestrian mobility, and quality urban design.

   H.   Efficiently use public and private resources by reducing parking requirements for development in close proximity to a transit stop.

   I.   Provide incentives for structured parking, new roads, and public open spaces to enhance the design and function of the built environment.

   J.   Encourage a safe, attractive, and comfortable environment for the pedestrian and bicyclist by providing public open spaces, public pedestrian walkways, wide sidewalks, bike lanes, street furniture, pedestrian scale lighting, street trees and other appropriate amenities. (Ord. 21-21: Ord. 07-36 § 2)

The TOD is centered in the Fireclay area around the TRAX light rail Murray North Station and is bounded by Big Cottonwood Creek on the north, fifteen feet (15') east of Main Street on the east, 4500 South Street on the south, and the D&RGW (Union Pacific) railroad tracks on the west. (Ord. 21-21: Ord. 07-36 § 2)

The Murray City Municipal Council shall adopt TOD Guidelines. Property located within the TOD shall be developed in conformance with the provisions set forth herein and with the TOD guidelines. For purposes of this chapter, landscaping requirements and encroachment allowances shall be governed by the TOD guidelines. All uses shall meet the requirements and standards set forth in this chapter. (Ord. 21-21: Ord. 07-36 § 2)

For purposes of this chapter, the following terms shall be defined as follows:

DEVELOPMENT PARCEL: A lot or contiguous lots under the control of a single development entity.

PRINCIPAL STREET: A collector or arterial street, including Main Street and Fireclay Avenue west of Main Street.

RENOVATION: Physical modification to a building that involves the entire building or has a substantial visual impact on the building or the surroundings. By way of illustration, renovation includes, without limitation, overall building design, exterior facades, site landscape and parking. (Ord. 21-21: Ord. 07-36 § 2)

   A.   A use not specifically designated is prohibited. The inclusion of a major heading includes all subcategories listed under the major heading unless otherwise excepted. For example, listing 6900 miscellaneous service organizations includes all categories and subcategories listed from 6910 through 6999.

   B.   The uses are contained in Table A, below, are permitted in the TOD Zone.

 

   C.   A development parcel may have more than one (1) main building.

   D.   Parking structures and other accessory structures and buildings which are used in conjunction with and are incidental to the principal uses and structures, are permitted. Accessory buildings and structures may not, in aggregate, have a footprint greater than twenty five percent (25%) of the footprint of the main buildings on a development parcel.

   E.   More than one permitted use may be located on a development parcel and within a building.

   F.   The uses and structures contained in Table B, below, are permitted in the TOD Zone only after a conditional use permit has been approved by the Planning Commission and subject to the terms and conditions thereof:

 

(Ord. 21-21: Ord. 20-13: Ord. 19-20: Ord. 16-41: Ord. 15-07: Ord. 07-40 § 3: Ord. 07-36 § 2)

   A.   All main buildings shall front on either a public or private street including private pedestrian only streets, paths, or courts. Buildings that front on a courtyard that fronts on a street shall be deemed to front on the street.

   B.   For development in the TOD east of Utah Transit Authority light rail lines, the front setback for main buildings, excepting courtyards and plazas, shall be between fifteen feet (15') and twenty five feet (25') from the back of curb and gutter. Up to fifty percent (50%) of the front setback may be greater than twenty five feet (25') if the additional front setback is developed as a courtyard or plaza. Main buildings may have detached components within a courtyard or plaza if the uses in the detached component enhance activity on the courtyard or plaza. In the case of pedestrian only streets, paths or courts, a minimum width of twenty five feet (25') from building face to building face shall be required.

   C.   The courtyard or plaza area shall be deemed to be a part of the front setback of the building.

   D.   Buildings located on a corner lot shall front on both streets.

   E.   All front setback areas shall be landscaped in accordance with the TOD guidelines.

   F.   Parking is not permitted in the front setback area of any building.

   G.   Maintenance buildings, trash collection and recycling areas, storage and service areas, mechanical equipment and loading docks shall not be permitted in the front setback of any building. Single or ganged utility meters or other service equipment may be located in the front setback of any building; provided, there are site constraints which preclude their access in a location elsewhere on site, and they are screened and approved by the City.

   H.   Maintenance buildings, trash collection and recycling areas, storage and service areas, mechanical equipment and loading docks shall be set back a minimum of twenty five feet (25') beyond the closest front setback.

   I.   The side lot area between non-adjoining buildings and the property line shall be developed as parking, plaza, landscaped open space, or a landscaped walkway with access to the sidewalk.

   J.   No parking lot or parking structure shall front principal streets except Main Street. A parking structure fronting on a non-principal street with office or retail uses along the entire frontage of the first floor, excluding drive lanes, shall have a front setback of between fifteen feet (15') and twenty five feet (25') from the back of curb and gutter. The parking structure front setback shall not be less than the setback of the main building.

   K.   Surface parking lots facing the street frontages other than principal streets shall have a minimum setback of fifteen feet (15') from the back of curb.

   L.   There shall be a minimum fifty foot (50') setback from the top of the bank of the Little Cottonwood Creek. No buildings, parking facilities, or vehicular accesses may be placed in the required setback. The Planning Commission may approve pedestrian, bicycle, or multi-use paths and trails and other open space improvements or amenities within the setback if they are not disruptive. (Ord. 21-21: Ord. 07-36 § 2)

There are no height restrictions in the TOD except as provided herein. (Ord. 21-21: Ord. 07-36 § 2)

   A.   Main buildings, situated east of the UTA TRAX light rail lines or fronting principal streets, shall have ground floors with a minimum ceiling height of twelve feet (12') measured from floor deck to floor deck. For purposes of this section, main buildings shall not include townhouses.

   B.   Multi-story buildings designed for nonresidential uses on the ground floor shall have walls, partitions and floor/ceiling assemblies separating dwelling units from other spaces with a sound transmission classification (STC) of at least fifty (50) for airborne noise.

   C.   Commercial uses shall occupy the width of the ground floor of multi-story residential buildings facing a principal street as defined in section 17.168.040 for a minimum depth of forty feet (40'). The balance of the ground floor may be occupied by residential uses or parking.

      1.   Commercial uses as required do not include portions of the development used for parking, storage, maintenance, or other accessory uses provided for the residential component of the development.

      2.   Leasing offices and lobbies allowing access to the upper residential floors may occupy no more than fifteen percent (15%) of the ground floor or up to one thousand eight hundred (1,800) square feet, whichever is less.

      3.   Live/work units fill the requirement for ground floor commercial uses subject to the following considerations.

         a.   Excluding private, attached 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 units must meet both the residential and commercial parking requirements of this chapter.

         e.   For developments on a parcel or combination of parcels greater than two (2) acres, live/work units may comprise no more than ten percent (10%) of the required commercial space.

   D.   West of Main Street, the portion of the ground floor of any building devoted to the sale of retail goods shall not exceed fifty thousand (50,000) square feet. (Ord. 21-21: Ord. 15-07)

A.   For parking for buildings that exceed four (4) stories in height, at least seventy five percent (75%) of the parking shall be located within the exterior walls of the building or in a parking structure that is within seven hundred fifty feet (750') of the main building. For the purposes of this chapter, building height is determined by measuring the vertical distance from the average of the finished ground level adjoining the building at the exterior wall to a flat roof deck or, for sloped roofs, to the average height of the highest roof surface. Pursuant to section 17.76.080 of this title, the height limitations shall not apply to architectural screening for mechanical equipment, church spires, and decorative tower elements.

`B.   Minimum Parking Requirements: Minimum parking requirements for new development and redevelopment in the TOD Zone are contained in Table C, below.

 

   C.   Parking structures and decks should provide the majority of parking in the TOD Zone.

      1.   Direct Access Required: Parking decks and structures must provide direct, interior, or weather protected access to the buildings, 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 structured and surface parking.

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

   E.   Off street parking is not permitted in any fire lane, aisle space or front yard setback areas. (Ord. 25-20 § 4: Ord. 21-21: Ord. 14-12: Ord. 10-07 § 2: Ord. 08-02 § 2: Ord. 07-36 § 2)

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 are 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. (Ord. 21-21: Ord. 07-36 § 2)

If a building is partially within the TOD District and partially within another zoning district, the entire building shall conform to the requirements of the TOD District. The portion of any parcel within the TOD District shall conform to the requirements of the TOD District. (Ord. 21-21: Ord. 07-36 § 2)

   A.   Twenty percent (20%) of the area of each parcel shall be developed as landscaped setbacks, courtyards, plazas, open space, or walkways.

   B.   Each parcel shall have a system of pedestrian walkways and sidewalks that provide connections between the building entrances, neighboring building entrances, sidewalks, parking areas, open space, and public trails. (Ord. 21-21: Ord. 07-36 § 2)

   A.   Construction of new buildings or renovations of existing buildings shall include construction and installation of the adjacent sidewalks, park strips and other landscaping, curbs, gutters, lighting, and street furniture in conformance with the TOD Design Guidelines adopted pursuant to this chapter.

   B.   Private streets shall be installed within any project in which the main buildings do not front on a public street.

   C.   The improvements within the rights-of-way for the principal streets shall include:

      1.   Paved sidewalks adjacent to the private property line shall be installed according to City specifications established by the City Engineer and in conformance with the TOD design guidelines adopted pursuant to this chapter.

      2.   Park strip between the sidewalk and the curb installed in conformance with the TOD design guidelines adopted pursuant to this chapter and which shall contain appropriate tree plantings and landscaping in accordance with the TOD guidelines.

      3.   Pedestrian lighting.

      4.   Benches.

      5.   Trash receptacles.

   D.   The improvements within the public rights-of-way and adjacent to non-principal streets and private streets shall include:

      1.   Paved sidewalks installed in conformance with the TOD design guidelines adopted pursuant to this chapter.

      2.   Park strip between the sidewalk and the curb installed in conformance with the TOD design guidelines adopted pursuant to this chapter and which shall contain appropriate tree plantings and landscaping in accordance with the TOD guidelines.

      3.   Pedestrian lighting.

      4.   Benches within passenger loading areas.

      5.   Trash receptacles within fifteen feet (15') of entry and exit doors of any retail establishment. (Ord. 21-21: Ord. 07-36 § 2)

   A.   Street and sidewalk lighting shall meet adopted City light design standards.

   B.   Illumination levels shall not exceed IESNA recommended standards.

   C.   Lighting shall be provided for pedestrian ways that is appropriately scaled to walking. Light standards shall not be taller than sixteen feet (16'). However, light standards adjacent to State Street or 4500 South (major arterial roadways), as well as Vine Street and 4800 South (major collector roadways) are allowed up to twenty three feet (23') in height. Light standard height will be reviewed on a case by case basis by City staff.

   D.   Lighting shall be shielded and directed downward to prevent any off site glare.

   E.   All site lighting luminaires will conform to IESNA "cutoff" or "sharp cutoff" classification. City staff will provide additional details as needed.

   F.   An amber lamp color (3,000 Kelvin), or other color in consultation with the Power Department can be used for a project.

   G.   For property owner installed private lighting, metal halide and induction lamp sources may be used subject to approval by the City Power Department and CED staff. Building facade lighting must be shielded and directed downward to avoid light trespass and illumination of the night sky. (Ord. 21-21: Ord. 18-22)

   A.   No person shall obtain a building permit for new construction or for renovation of existing buildings that exceed twenty five percent (25%) of the assessed value of the buildings without first preparing and presenting the information required by this section, paying the applicable design review fee, and receiving design approval from the Community Development Division.

   B.   The City shall review the plans for conformance with the requirements of this Code and the TOD design guidelines that have been adopted by the Murray City Municipal Council. The City shall determine the following before approval is given:

      1.   The project is in general conformance with the Murray City general plan.

      2.   The project is in general conformance with the specific area plan, if any, adopted for the area.

      3.   The project conforms with the requirements of the applicable sections of the zoning ordinance.

      4.   The project does not jeopardize the health, safety, or welfare of the public.

      5.   The project conforms to the applicable standards outlined in the TOD design review guidelines.

   C.   If the City denies approval of the submitted plans, the denial shall be accompanied by a letter indicating the areas where the plans must be changed to obtain approval.

   D.   A denial of approval by the City may be appealed to the appeal authority.

   E.   Applicants for design review and approval shall submit any or all of the following information, as requested by the City:

      1.   Project identification information including the project name, the specific location of the project including street addresses and parcel Sidwell numbers, applicant name and representatives (if any other than applicant); and proposed uses.

      2.   Vicinity map or aerial photo with site plan overlay, to scale, showing the project location in relationship to neighboring buildings and the surrounding area.

      3.   Grading plan.

      4.   Site plan, to scale, showing proposed parking, loading and service areas, and vehicular and pedestrian circulation.

      5.   Detailed elevations of all sides of the proposed building and other exterior elements, including exterior building materials.

      6.   Sign plan.

      7.   Landscape plan.

      8.   Exterior lighting plan.

      9.   Floor plans.

      10.   Utilities plan.

      11.   Drainage plan.

      12.   Other design information requested by the City.

   F.   Three (3) copies of each plan must be submitted to the City. The City shall retain one copy of the plans. One copy of the plans shall be returned to the applicant stamped to show the approval or the denial of approval. In addition to the improvements to be built on the applicant's property, submitted plans must include improvements to be built in the public rights-of-way.

   G.   If the construction of building improvements has not commenced within eighteen (18) months of the design approval or if construction has ceased for a period of one year or longer, the design approval shall expire. Applicants may request an extension of up to six (6) calendar months during the final month prior to expiration. After the expiration of a design approval, the applicant shall be required to resubmit the plans, pay the design review approval fee, and obtain design approval prior to the issuance of a building permit. (Ord. 21-21: Ord. 18-22)