23E.36.070 Development Standards*

A.    The Floor Area Ratio (FAR) shall not exceed three, except that within University Avenue Strategic Plan Overlay areas, the Floor Area Ratio (FAR) shall satisfy the following requirements:

 

Maximum Floor Area Ratio (FAR)

 

University Avenue Overlay Area*

Overlay Areas

North Side Location**

South Side Location**

Avenue Mixed Use Areas

2.2

2.5

Node Areas

2.5

3.0

*The Maximum Floor Area Ratio (FAR) is tailored to respect the height and setback provisions of the University Avenue Strategic Plan, as incorporated into Sections 23E.36.070.B and C.

**North Side refers to the properties on the north side of University Avenue and South Side refers to the properties on the south side of University Avenue.

B.    The height for a Main Building shall not exceed the following limits, and shall satisfy the following requirements:

1.    For all areas in the C-1 District that are not located within the University Avenue Strategic Plan Overlay areas:

Use type

Height (ft.)

Stories (number)

Commercial only

40

2

Mixed Use

40

3*

Mixed Use with Use Permit**

50

4*

Other Uses

40

2

Residential only

35

3

*In Mixed Use buildings, the third and higher floors must be used for residential purposes

**A building which is used for mixed use (commercial and residential) purposes may be constructed to a height of four stories and 50 feet, subject to obtaining a Use Permit

2.    For those portions of the District within University Avenue Node Overlay areas:

Use type

Maximum Height (ft.)

Maximum Stories (number)

Minimum Height (ft.)

Minimum Stories (number)

Commercial only

40

3

30

2

Mixed Use**

48

4*

30

2

Other Uses

40

3

30

2

*In Mixed Use buildings, the second and higher floors must be used for residential purposes.

**The following uses are not allowed on the ground floor of a Mixed Use building unless a Use Permit is issued (see Use and Required Permits Table 23E.36.030): residential units and uses (other than parking) which serve the residential uses, e.g. leasing and management of the building.

3.    For those portions of the District in University Avenue Mixed Use Overlay areas:

Use type

Maximum Height (ft.)

Maximum Stories (number)

Minimum Height (ft.)

Minimum Stories (number)

Commercial only

36

3

30

2

Mixed Use**

36

3*

30

2

Other Uses

36

3

30

2

Residential only

36

3

30

2

*In Mixed Use buildings, the second and higher floors must be used for residential purposes.

**The following uses are not allowed on the ground floor of a Mixed Use building unless a Use Permit is issued (see Use and Required Permits Table 23E.36.030): residential units and uses (other than parking) which serve the residential uses, e.g. leasing and management of the building.

C.    No yards for Main Buildings, Accessory Buildings or Accessory Structures shall be required, except that:

1.    In areas within the University Avenue Strategic Plan Overlay, when a lot abuts or confronts a lot in a residential zone and the front yard of the lot is not on University Avenue, the requirements of Sections 23E.04.050.B and D shall not apply. In addition, the following setbacks apply throughout the University Avenue Strategic Plan Overlay.

a.    Solar Rear Yard Setback: Buildings on the north side of University Avenue shall not cast a shadow at noon more than 20 feet onto any lot in a residential zone as calculated when the sun is at a 29 degree angle above the horizon (winter solstice).

b.    Privacy Rear Yard Setback: Buildings on lots abutting a residentially zoned lot along the south side of University Avenue shall be set back from the rear property line an average of 20 feet, i.e., a rear yard shall be maintained with a minimum area equal to the width of the lot (in feet) multiplied by 20 feet. The minimum depth of any rear yard shall be ten feet, or 10% of the depth of the lot, whichever is greater, as provided in Section 23E.04.050.C. The ZAB may approve a Use Permit to reduce the 20 foot average and ten foot minimum setback provisions to a minimum of six feet on the first floor provided that the square footage added on the first floor by this reduction in setback is utilized to increase the average 20 foot setback on higher floors to facilitate the privacy of abutting residentially zoned lots.

c.    Ground-Level Setback on University Avenue for First-Floor, Non-Residential Uses: Buildings shall provide an average two-foot setback at the ground level of the project and a minimum two-foot setback at all sidewalk pedestrian entries.

d.    Front Yard Setback for Residential-Only Projects: For all floors, buildings shall provide an average two-foot setback. A maximum setback of ten feet is permitted provided that this space is used to accommodate landscaping that enhances the streetscape and provides a sense of privacy for residential units on the first floor.

e.    Side Yard Setbacks: No setback is required.

f.    Street Side Setbacks: For all floors, the setback shall be a minimum of two feet average.

g.    Setbacks for Lots Fronting Side Streets on the South Side of University Avenue: When a lot in the University Avenue Strategic Plan Overlay area fronts on a side street rather than University Avenue, the yard requirements of Section 23E.04.050 shall apply unless the lot is consolidated into a single project with the adjacent University Avenue lot. In that case, the Project will conform to the setback standards of Section 23E.36.070.C.2.b through f.

D.    Any Mixed Use building (residential and commercial) shall satisfy all of the standards and requirements of this District, except that the Off-street Parking and Usable Open Space requirements for the Residential Use portion shall be as set forth in the R-3 District requirements, except that the Board may issue a Use Permit to modify the Off-street Parking and Usable Open Space requirements where it finds such modification promotes any of the general purposes set forth in Section 23E.36.090.C.

E.    Exclusive Residential Uses shall be subject to the building site area, height, yard, coverage, Usable Open Space and parking requirements of the R-3 District standards (height for R-3 District is the same as the standards set forth in Section 23E.36.070.B for residential buildings); except that the Board may issue a Use Permit to modify any R-3 requirement where it finds such modification is necessary to promote any of the general purposes set forth in Section 23E.36.090.C.

F.    Within the University Avenue Strategic Plan Overlay area, additional development standards shall be applicable. The ZAB may approve a Use Permit to modify these setback provisions if it makes the findings in Section 23E.36.090.E and F.

1.    All Mixed Use, Commercial and Other Project types shall provide ground level commercial uses as follows:

a.    All Projects within the University Avenue Strategic Plan Overlay area, except Residential-Only Projects, shall have ground level commercial space with a minimum of 12 feet clear floor to ceiling height, and flexibility to enable the commercial space to be divided or assembled;

b.    All Projects within the Avenue Mixed Use Overlay area, except Residential-Only Projects, shall provide ground level commercial uses equivalent to a minimum area of 15% of the Project land area. The minimum area may be reduced to 10% of the Project land area by the ZAB with a Use Permit, subject to the findings in Section 23E.36.090.E. The commercial uses shall occupy a minimum of 50% of the Project’ s University Avenue frontage. The minimum frontage requirement may be reduced by the ZAB with a Use Permit subject to findings in Section 23E.36.090.F;

c.    All Projects within the Node Overlay areas shall provide ground level commercial uses equivalent to a minimum area of 30% of the Project land area. The minimum area may be reduced to 20% of the Project land area by the ZAB with a Use Permit, subject to findings in Section 23E.36.090.E. The commercial uses shall occupy a minimum of 75% of the Project’ s University Avenue frontage. The minimum frontage requirement may be reduced by the ZAB with a Use Permit, subject to findings in Section 23E.36.090.F; and

d.    Of the required ground floor commercial uses in projects in the Node Overlay areas, no less than 75% shall be in permitted Retail Sales, and/or Personal and Household Services, and/or Food Service with the remainder allowed in other permitted commercial uses and/or Offices. The minimum percentage of required Retail Sales, and/or Personal and Household Services, and/or Food Services may be reduced to no less than 50% by the ZAB with a Use Permit, subject to findings in Section 23E.36.090.E. Office uses shall be limited to no more than 25% of the ground floor commercial space requirement.

2.    All Residential-Only Projects within the University Avenue Strategic Plan Overlay area shall limit ground level parking uses directly fronting on University Avenue to no more than 25% of the Project’ s University Avenue frontage. All parking garage walls adjacent to University Avenue or side streets shall be articulated through design elements or material detailing to avoid blank walls extending more than 12 feet along the University Avenue or side street frontage.

3.    All Mixed Use and Residential-Only Projects within the University Avenue Strategic Plan Overlay area shall provide a portion of the required open space for residential units in locations that enhance the Project entries and contribute to the enhancement of the University Avenue frontage.

a.    A minimum of 10% of the required open space shall be located at the street level or on a parking podium and directly connected to the Project entries at the street level and accessible to the occupants of the building; and

b.    A minimum of 75% of the required open space shall be open to the sky.

4.    Projects within the University Avenue Strategic Plan Overlay area with at least 100 feet of University Avenue frontage shall provide pedestrian-oriented open spaces and improvements such as street level plazas or entry courtyards open to the sidewalk equal in area to 1% of the Project land area. The street level plaza or entry courtyard shall have a minimum width and length of six feet.

5.    Projects within the University Avenue Strategic Plan Overlay area shall provide sidewalk, curb and gutter, and street corner bulb-out improvements as necessary to comply with the current standards of the appropriate department designated by the City Manager:

a.    All Projects with side street frontages shall provide bulb-outs to promote safe pedestrian street crossing along University Avenue in an east-west direction if determined by the appropriate department designated by the City Manager.

b.    All Projects within the Node Overlay areas shall provide bulb-outs to promote safe pedestrian street crossings of University Avenue in the north-south direction if determined by the appropriate department designated by the City Manager.

c.    All Projects within the University Avenue Strategic Plan Overlay area shall provide the necessary sidewalk, curb and gutter replacement and/or repair to the satisfaction of the appropriate department designated by the City Manager.

6.    Projects within the University Avenue Strategic Plan Overlay area shall provide sidewalk amenities while maintaining an accessible sidewalk path to comply with the current standards of the appropriate department designated by the City Manager.

a.    All Projects shall provide pedestrian-scaled lighting to illuminate the sidewalk areas along University Avenue; and

b.    All Projects shall provide new street trees and grates along the University Avenue and side street frontages; and

c.    All Projects with at least 100 feet of University Avenue frontage shall provide durable benches and bicycle racks subject to Design Review approval. (Ord. 6830-NS § 2 (part), 2004: Ord. 6478-NS § 4 (part), 1999)

*Specific text which previously amended this section on September 26, 2006 was repealed November 2006 as stated in the sunset provision (§ 22) of Ordinance 6,948-N.S.