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HomeMy WebLinkAbout2006-02 Amending Sections 850 ORDINANCE NO. 2006-02 AN ORDINANCE AMENDING SECTION 850 OF THE CODE BY PROVIDING NEW FLOOR AREA RATIO, SETBACK AND BUILDING HEIGHT STANDARDS FOR PROPERTIES IN THE PLANNED COMMERCIAL DISTRICT — 3; REQUIRING THE ISSUANCE OF CONDITIONAL USE PERMITS FOR CERTAIN USES IN THE PLANNED COMMERCIAL DISTRICT —3; AND PROVIDING NEW SPECIAL REQUIREMENTS FOR THE DEVELOPMENT OF PROPERTY IN THE PLANNED COMMERCIAL DISTRICT-3 Section 1. It is the purpose and intent of this ordinance to update the requirements and standards of the City Code with respect to the development of properties in the PCD-3 subdistrict. The PCD-3 subdistrict was originally established, in part, for the purpose of accommodating department stores or shopping centers of regional significance which, due to their size, did not fit into the PCD-1 or PCD-2 subdistricts which provide for commercial uses in a neighborhood and community setting respectively. The PCD-3 subdistrict is presently confined to that part of the City bounded by West 66'' Street, Valley View Road and France Avenue, Gallagher Drive extended and the east City limits The City Council, based in part upon the findings of the Greater Southdale Area Land Use and Transportation Study dated December 2005, finds that: A. The present standards and requirements of the PCD-3 subdistrict as contained in Section 850 of the City Code no longer reflect appropriate development intensities given the regional significance of the Greater Southdale Area as a shopping destination. B. The present standards and requirements of the PCD-3 subdistrict impose restrictions on properties such that development densities are significantly less than standards imposed by Section 850 on other planned commercial districts in the City and less than standards imposed on other properties in the Greater Southdale Area zoned Regional Medical District and Mixed Development District. C. The imposition of the aforementioned standards may have the effect of chilling the development and redevelopment potential in the PCD-3 subdistrict to the detriment of the entire City. D. The provision of a mixture of uses within the Planned Commercial District is desirable and contributes to the continued viability of the Greater Southdale Area. Section 2. Subsection 850.01 of the City Code is amended by adding a new penultimate paragraph as follows: "The Council also finds that the Greater Southdale area, especially that portion contained within the Planned Commercial District is of vital interest to the welfare of the entire City and, therefore, the Council hereby adopts the following additional objectives with respect to this area: A. To contribute to maintaining and enhancing the Greater Southdale Area as a unique and vibrant regional retail destination. B. To encourage a range of housing types within the Greater Southdale Area. 1 C. To encourage a mixed use shopping, living and working environment that meets the needs of residents and visitors and helps mitigate the effects of traffic by reducing vehicle trips and miles by allowing residences in close proximity to employment and services.. D. To increase the allowed density of development in the PCD-3 subdistrict to be more comparable with other planned commercial districts in the City and other zoning districts in the Greater Southdale Area and to permit a level of development intensity appropriate for the area. E. To reduce setback requirements from public street rights of way in order to encourage and permit a closer relationship between storefronts and streetscapes. F. To ensure that residential development in the PCD-3 subdistrict is compatible with non-residential uses. G. To more efficiently utilize public infrastructure by taking advantage of peak demand variations among land uses. H. To allow a density of development that improves the feasibility of mass transit services utilized by residents, shoppers and employees of the Greater Southdale Area. I. To provide incentives to encourage affordable and life cycle housing. J. To encourage development of an active pedestrian environment and pedestrian accessibility to and among developments. K. To encourage the inclusion of green spaces, open space, locations for public art, landscape buffers, parks, plazas, fountains, water retention areas and other similar spaces for the use and enjoyment of residents, visitors and employees and to enhance the quality of the human and physical environment. Section 3. Subd. 4 of Subsection 850.16 is amended to read as follows: "Subd. 4. Principal Uses in PCD-3. Any principal use permitted in PCD-2, except offices requiring the issuance of a conditional use permit. Department stores or shopping centers exceeding 40,000 square feet of gross floor area. Transit stations. Publicly owned uses. Sexually oriented businesses. Section 4. Subd. 6 of Subsection 850.16 is amended to read as follows: "Subd. 6. Conditional Uses. A. PCD-1 and PCD-2. Multi-residential uses. B. PCD-3. Automobile agencies selling new, unused vehicles. 2 Boat or marine stores or agencies selling or displaying new, unused boats. Multi-residential uses. Offices except offices allowed as a permitted accessory use. All non-residential uses that increase the FAR to more than 0.5. Section 5. Subd. 9 of Subsection 850.16 is amended by adding the following accessory use: "Offices accessory to an allowed principal use. Section 6. Paragraph A of Subd. 11 of Subsection 850.16 is amended to read as follows: "A. Maximum Floor Area Ratio (subject to the requirements of Subd. 12 of this Subsection.) PCD-1 1.0 of the tract PCD-2 1.5 of the tract PCD-3 i) North of West 70`' Street: 1.0 of the tract provided that non- residential uses may not exceed 0.75. ii) South of West 70' Street: 0.5 of the tract. PCD-4 0.3 of the tract Section 7. The setback requirements for PCD-3 imposed by paragraph B. of Subd. 11 of Subsection 850.16 are amended to read as follows: Front Side Side Rear Yard Yard Yard Yard PCD-3 North of 70' St 35** 35** 35** 35** South of 70' St. 50** 50** 50** 50** ** Subject to the requirements of Subd. 12 of this Subsection." Section 8. The maximum building height requirement for PCD-3 imposed by Paragraph C of Subd. 11 of Subsection 850.16 is amended to read as follows: PCD-3 Maximum height is determined by Paragraphs C and D of Subd. 12 of this Subsection 3 Section 9. Paragraph A of Subd 12 of Subsection 850.16 is amended by deleting the reference to PCD-3 in the heading of such paragraph. Section 10. Paragraph O of Subd. 12 of Subsection 850.16 is amended to read as follows: "O. Standards for Residential Dwelling Units. 1. No part of any dwelling unit shall be located in a basement or on the first story of a building in the PCD-1 or the PCD-2 subdistricts. 2. In the PCD-1 and the PCD-2 subdistricts, the floor area of that portion of a building used for multi-residential purposes shall not be included for the purpose of calculating the maximum floor area ratio allowed by Paragraph A of Subd. 11 of this Subsection. 3. In the PCD-3 subdistrict, the floor area of buildings or portions thereof used for multi- residential purposes shall be included for the purpose of calculating the maximum floor area ratio allowed by Paragraph A of Subd. 11 of this Subsection. 4. In the PCD-3 subdistrict, the maximum floor area ratio allowed by Paragraph A of Subd. 11 of this Subsection may be increased by .25 by including the floor areas of dwelling units classified as affordable housing units pursuant to an agreement with the Housing and Redevelopment Authority of Edina. Section 11. Paragraph BB of Subd. 1 of Subsection 850.08 is amended by adding a new subparagraph 3 as follows: "3. Multi-Residential Uses. One fully-enclosed parking space for each dwelling unit, except that dwelling units with a floor area in excess of 1,500 square feet must provide 1.50 fully-enclosed parking spaces per dwelling unit. Such parking spaces must be designed for the exclusive use of residents of the dwelling units and their guests. The Council may require the provision of exposed parking spaces in addition to the required enclosed spaces as a condition to the issuance of a conditional use permit. Section 12. Subd. 12 of Subsection 850.16 is amended by inserting new paragraphs C, D, E and F as follows and renumbering existing paragraphs C,D,E,F,G,H,I,J,K,L,M,N, and O as G,H,I,J,K,L,M,N,O,P,Q,R and S respectively. "C. Setbacks for PCD-3. The minimum building setback required by Paragraph B of Subd. 11 of this subsection shall be increased as follows: 1. In the area bounded by France Avenue on the west , York Avenue on the east and W. 70' Street on the south, the minimum building setback shall be increased by 1/3 foot for each foot that the building exceeds 50 feet in building height. For purposes hereof, only those portions of buildings which exceeds 50 feet in building height need provide the additional setbacks required by this paragraph. 4 2. In all other areas, the minimum building setback shall be equal to the building height for buildings taller than 50 feet. Notwithstanding the requirement of this subsection, the City encourages i) ground level retail and service uses that create an active pedestrian and streetscape environment and ii) pedestrian connections by way of skyways and tunnels and, therefore, the City Council will consider exceptions to setback requirements for these purposes. D. Maximum Building Height in PCD-3. Maximum building height in the PCD-3 subdistrict shall be as follows: 1. In the area bounded by France Avenue on the west, York Avenue on the east and W. 70`' Street on the south, the maximum building height shall be 18 stories or 225 feet, whichever is less. 2. In the area located west of France Avenue and the area located east of York Avenue, the maximum building height shall be four stories or 50 feet, whichever is less. 3. In all other areas, the maximum building height shall be equal to the required setback. E. Travel Demand Management. Final development plans for any office use in the PCD-3 subdistrict which requires the issuance of a conditional use permit shall include a travel demand management (TDM) plan prepared by an independent TDM professional. The plan must document TDM measures and performance measures to be implemented. Approval of the TDM plan by the City shall be a condition of the issuance of the conditional use permit. F. On Site Sanitary Sewerage Retention System. This paragraph applies to properties served by Metropolitan Sewer Interceptor No. I-RF-491 Final development plans for any new buildings or uses in the PCD-3 subdistrict that require the issuance of a conditional use permit shall include plans for storage tanks and other facilities designed to retain on site sanitary sewer discharges during peak flow conditions that would otherwise enter the City's sanitary sewer system. Such plans must be prepared by a registered professional engineer acceptable to the City. The plans must provide for facilities designed to prevent discharges to the sanitary sewer system during peak flow conditions, as defined by the City Engineer, in amounts and volumes that exceed discharges that existed prior to construction of the buildings and uses proposed by the final development plans. Approval of the sanitary sewer retention system shall be a condition of the conditional use permit and shall be approved by the City Engineer. Section 13. Subd 4 of Subsection 850.08 is amended by adding the following sentences: "Parking ramps shall comply with the requirements of Paragraph G of Subd 5 of this Subsection 850.08. Section 14. Subd 5 of Subsection 850.08 is amended by adding a new Paragraph G as follows: 5 "G. Parking Ramps. In addition to the general requirements described in Subsection 850.07, the following special requirements shall apply to parking ramps: 1. The front street and side street setback shall be not less than 20 feet and the interior side yard and rear yard shall be not less than 10 feet. The minimum setbacks shall be increased by one foot for every foot that the parking ramp exceeds 20 feet in height. No parking ramp or any part thereof, shall be located within 50 feet of the nearest lot line of any property in an R-1 District used for residential purposes. 2. The front street or side street setback for parking ramps and garages, and other structures, shall be increased to 50 feet when the ramp, garage or structure is located across the street from a property in an R-1 District used for residential purposes. 3. All exterior wall finishes of a parking ramp shall be of materials that architecturally complement the building or buildings that the parking ramp serves through the use of exterior materials, architectural elements and colors and shall be one or a combination of the following: a. Face brick. b. Natural stone. c. Specially designed precast concrete units if the surfaces have been integrally treated with an applied decorative material or texture. 4. Parking ramps must include architectural elements that enhance the structure, reduce its perceived mass and complement the building or buildings that it serves. Architectural elements shall include decorative pilasters, banding, reveals, accents, wall plane articulation, facade treatments, and ornamental grillwork as appropriate. 5. Parking ramps must include screening or other appropriate design elements to screen the visibility of vehicle headlights from outside of the parking ramp. 6. The City encourages parking ramp designs that include ground floor retail, service and other uses, allowed by the zoning district in which the parking ramp is located. Such uses which are integrated into the parking ramp structure need not maintain front street and side street setbacks greater than that required for the parking ramp. Section 15. Subsection 850.07 is amended by adding a new Subd 24 as follows: "Subd 24 Sidewalks, Trails, Bicycle Facilities. In order to promote and provide safe and effective sidewalks and trails in the City and encourage the use of bicycles for recreation and transportation, the following improvements are required, as a condition of approval, on developments requiring the approval of a Final Development Plan or the issuance of a conditional use permit pursuant to Subsection 850.04. The expense of such improvements shall be borne by the applicant. 6 A. It is the policy of the City to require the construction of sidewalks and trails wherever feasible so as to encourage pedestrian and bicycle connectivity throughout the City. Therefore, developments shall provide sidewalks and trails which adjoin the applicant's property i) in locations shown on the City's sidewalk and trail plan and ii) in other locations where the Council finds that the provision of such sidewalks and trails enhance public access to mass transit facilities or connections to other existing or planned sidewalks, trails or public facilities. B. Developments shall provide sidewalks between building entrances and sidewalks or trails which exist or which will be constructed pursuant to this Subd. C. Developments shall provide direct sidewalk and trail connections with adjoining properties where appropriate. D. Developments must provide direct sidewalk and trail connections to transit stations or transit stops adjoining the property. E. Design standards for sidewalks and trails shall be prescribed by the Engineer. F. Non-residential developments having an off-street automobile parking requirement of 20 or more spaces must provide off-street bicycle parking spaces where bicycles may be parked and secured from theft by their owners. The minimum number of bicycle parking spaces required shall be five percent of the automobile parking space requirement. The design and placement of bicycle parking spaces and bicycle racks used to secure bicycles shall be subject to the approval of the Engineer. Whenever possible, bicycle parking spaces shall be located within 50 feet of a public entrance to a principal building. Section 16. This ordinance shall be in full and effect upon passage and publication. First Reading: February 21, 2006 Second Reading: March 6, 2006 Published: March 16, 2006 Attest - Debra A. angen,Vity Clerk _ James B. Hovland, Mayor 7 v newspapers AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA) ss. COUNTY OF HENNEPIN) Richard Hendrickson,being duly sworn on an oath states or affirms,that he is the Chief Fi- nancial Officer of the newspaper known as Sun-Current and has full knowledge of the facts stated below: (A)The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper,as provided by Minn.Stat.§331 A.02,§331A.07,and other applic- able laws,as amended. (B)The printed public notice that is attached was published in the newspaper once each week,for one successive week(s);it was first published on Thursday,the 16 day of March , 2006, and was thereafter printed and published on every Thursday to and including Thursday,the day of ,2006;and printed below is a copy of the lower case alphabet from A to Z,both inclusive,which is hereby acknowl- edged as being the size and kind of type used in the composition and publication of the notice: abcdefgh ijklmnopgrstuvwxyz BY: CFO Subscribed and sworn to or affirmed before me on this 16 day of March 2006. No ary t4i3lic ---------------------------- MARY ANN CARLSON NOTARY PUBLIC—MINNESOTA MY COMMISSION EXPIRES 131-08 RATE INFORMATION (1)Lowest classified rate paid by commercial users $ 2.85 per line for comparable space (2) Maximum rate allowed by law $ 6.20 per line (3) Rate actually charged $ 1.30 per line www.mnsun.com Edina Sun-Current/rhursday,March 16,2006 2511 LEGAL NOTICES City of Edina Boat or marine stores or agencies selling or display- 3. In all other areas,the maximum building height shall proval of the Engineer.Whenever possible,bicycle Ing new,unused boats. be equal to the required setback. parking spaces shall be located within 50 feet of a (Official Publication) public entrance to a principal building. ORDINANCE NO.2000-02 Multi-residential uses. E. Travel Demand Management. Final development Offices except offices allowed as a permitted acces- plans for any office use in the PCD-3 subdistrict which re- Section 16.This ordinance shall be in full and effect upon AN ORDINANCE AMENDING SECTION 850 OF THE sor use. quires the issuance of a conditional use permit shall in- passage and publication. CODE BY PROVIDING NEW FLOOR AREA RATIO, y - clude a travel demand management(TDM)plan prepared SETBACK AND BUILDING HEIGHT STANDARDS FOR All non-residential uses that increase the FAR to more by an independent TDM professional.The plan must doc- First Reading: February 21,2006 PROPERTIES IN THE PLANNED COMMERCIAL than 0.5. ument TDM measures and performance measures to be Second Reading: March 6,2006 DISTRICT-3;REQUIRING THE ISSUANCE OF implemented.Approval of the TDM plan by the City shall Published: March 16,2006 CONDITIONAL USE PERMITS FOR CERTAIN USES Section 5.Subd.9 of Subsection 850.16 Is amended by be a condition of the Issuance of the conditional use per- priest IN THE PLANNED COMMERCIAL DISTRICT-3;AND atlding the following accessory use: mit. PROVIDING NEW SPECIAL REQUIREMENTS FOR "Offices accessory to an allowed principal use. F. On Site Sanitary Sewerage Retention System: This Debra A.Mangen,City Clerk James B.Hovland,Mayor THE DEVELOPMENT OF PROPERTY IN THE paragraph applies to properties served by Metropolitan PLANNED COMMERCIAL DISTRICT-3 Section 6.Paragraph A of Subd.11 of Subsection 850.16 Sewer Interceptor No.1-RF-4 el Final development plans (Mar.16,2006)tlt/Ord No.2006-02 is amended to read as follows: loran new buildings Seotlon 1. It is the purpose and intent of this ordinance Y or uses in the PCD-3 subdistrict that to update the requirements and standards of the City "A.Maximum Floor Area Ratio(subject to the require- require the issuance of a conditional use permit shall In- Code with respect to the development If properties in the mems of Subd.12 or this Subsection.) clutle plans for storage tanks and other facilities designed PCD-3 subdistrict. The PCD-3 subdistrict was originally PCD-1 1.0 of the tract to retain on site sanitary sewer discharges during peak established,in part,for the purpose of accommodating now conditions that would otherwise enter the City's san- department stores or shopping centers of regional signif- PCD-2 1.5 of the tract flaw sewer system. Such plans must be prepared by a icance which,due to their size,did not fit Into the PCD-1 registered professional engineer acceptable to the City. or PCD-2 subdisiric[s which provide for commercial uses PCD-3 The plans must provide for facilities designed to prevent in a neighborhood and community setting respectively. () North of West 70th Street:1.0 of the tract provid. discharges to the sanitary sewer system during peak flow The PCD-3 subdistrict Is presently confined to that part of ed that non-residential uses may not exceed 0.75. conditions,as defined by the City Engineer,in amounts the City bounded by West 66th Street,Valley View Road i() South of West 70th Street:0.5 of the tract. and volumes that exceed discharges that existed prior to and France Avenue,Gallagher Drive extended and the construction of the buildings end uses proposed by the east City limits PCD-4 0.3 of the tract final development plans. Approval of the sanitary sewer The City Council,based in part upon the findings of the Section 7.The setback requirements for PCD-3Imposed retention system shall be a condition of the conditional use Greater Southdale Area Land Use and Transportation by paragraph B.of Subd.11 of Subsection 650.16 are Permit and shell be approved by the City Engineer. Study dated December 2005,finds that: amended to read as follows: Section 13. Subd 4 of Subsection 850.08 is amended by A. The present standards and requirements of the PCD- Front Side Side Rear adding me following sentences: 3 subdistrict as contained In Section 850 of the City Yard Yard Yard Yard "Parking ramps shall comply with the requirements of tensiti..'Ivan Code no longer r!tied appropriate development(n- PCD-3 Paragraph G of Subd 5 of this Subsection 850.08. em ional significance of the Greater North of 70th St 35" 35'• 35" 35^ Section 14.Subd 5 of Subsection 650.08 is emended by Southdale Area as a shopping destination. adding a new Paragraph G as follows: B. The present standards and requirements of.the PCD- South of 70th St. 50'• 50•' 50•• 50•' 3 subdistrict Impose restrictions on properties such "G. Parking Ramps. In addition to the general require- that development densities are significantly less than '"Subject to the requirements of Subd.12 of this mems described in Subsection 850.07,the following spe- standards imposed by Section 850 on other planned Subsection." tial requirements shall apply to parking ramps: commercial districts.in the City and less than stan- Section S.The maximum building height requirement for 1. The front street and side street setback shall be not dards Imposed on other properties in the Greater PCD-3 imposed by Paragraph C of Subd.11 of Subsec- less than 20 feet and the Interior side yard and rear Southdale Area zoned Regional Medical District and. tion 850.16 is amended to read as follows: yerdshall be not less than 10 feet.The minimum set- Mixed Development District. backs shall be Increased by one foot forevery foot that - C. The imposition of the aforementioned standards may PCD-3 Maximum height is determined by Paragraphs the parking ramp exceeds 20 feet in height.No park- have the effect of chilling the development and rede- C and D of Subd.12 of this Subsection Ing ramp or any part thereof,shall be located within 50 velopment potential in the PCD-3 subdistrict to the Section 9.Paragraph A of Subd 12 of Subsection 850.16 feet of the nearest lot line of any property in an R-1 detriment of the entire City. is amended by deleting the reference to PCD-3 in the District used for residential purposes. D. The provision of a mixture of uses within the Planned heading of such paragraph. 2. The front street or side street setback for parking Commercial District is desirable and contributes to the ramps and garages,and other structures,shall be in- continued viability of the Greater Southdale Area. Section 10. Paragraph O of Subd.12 of Subsection creased to 50 feet when the ramp,garage or structure Section 2.Subsection 850.01 of the City Code is amend- - 850.16 is amended to read as follows: is located across the street from a property in an R-1 ed by adding a new penultimate paragraph as follows: District used for residential purposes. "0.Standards for Residential Dwelling Units. 3. All exterior wall finishes of a perking ramp shall be of "The Council also finds that the Greater Southdale area, 1. No part of any dwelling unit shall be located in a base- materials that arohitectura(Iy complement the building especially that portion contained within the Planned Com- mentor on the first story of a building in the PCD-1 or or buildings that the parking ramp serves through the martial District is of vital interest to the welfare of the en- the PCD-2 subdlstricts. use of exterior materials,architectural elements and tire City and,therefore,the Council hereby adopts the fol- 2. In the PCD-1 and the PCD-2 aubdletriC[s,the floor colors and shall be one or a combination of the fol- lowing additional objectives with respect to this area: _ area of that portion of a building used for multi-rest- lowing: A. To contribute to maintaining and enhancing the dential purposes shall not be included for the purpose a. Natural eal stone. Greater Southdale Area as a unique and vibrant re- of calcuiatin the maximum floor are.ratio allowed by b. Natural stone. q C. Specially deslgned precast concrete units if the gg0 en retail destination. Paragraph of Subd.11 of this Subsection. surfaces have been integrally treated with an ap- -B. Gr encourage a-range of housing typeswithinthe 3. In the PCD-3 subdistrict,the floor area of buildings or plied decorative material or texture. Greater Southdale Area. portions thereof used for multl-residential purposes q, Perking ramps must Include architectural elements Ct 1b encourage a mixed use shopping,living work- shall be Included for the purpose of calculating the that enhance the structure,reduce its perceived mass Ing environment that meets the needs of residents end maximumfioorarea ratio allowed by Paragraph Aof and complement the building or buildings that it .. visitors and hal s a' ate the effects of traffic b re- Subd.11 of this Subsecllon. P tie Y serves. Architectural elements shall Include decors- . tluclo vehicle trips miles b allowing residences 4..In the PCD-3 subdistrict,the maximum floor area ratio 9 P Y 9 five pilasters,banding,reveals,accents,wall plane ar- -.in close proximity to employment and services_ allowed by Paragraph A of Subd.11 of this Subsec- work as a facade treatments,and ornamental grill- D. To increase the allowed density of development in the tion m.y be Increased by.25 by including the floor. work as appropriate. PCD-3 subdistrict to be more comparable wnh other areas of dwelling units classiffed as affordable hous- 5. Parking ramps must Include screening or other ap- planned commerd I districts M the Ci end ctherzon- -Ing units pursuant to an agreement with the Housing b ppropnate design elements to screen the visibllity of ve- irig'tllsVicts In the Greeter Southdale Area end fo yer- and Redevelopment Authority of Edina. hitt.hea iffghts from outside oL the perking ramp.g mita level or development intensity appropriate for Me Section'11. Paragraph BB of Subd.I of Subsection- 6. The City encourages parking ramp designs that.in- area. 850.08 is amended by adding a new subparagraph 3 as dude gground floor retail,service and other uses,al- E.,To.reduce setback requirements from public street -follows: lowed by the zoning district In which the ramp -,-nghts:ot way in order to encourage and permitia clos- - - - (s located-Such uses which are integrated Into.the er mlaffonship between storefroms and stmetecapss. "3'.Mul-Residental Uses. One fully,,enclosed parking parkins ramp structure need not maintain front street F To ensure that residential development in lite PCD-3 space for each dwelltng unit;except that dwelling units and aide street setbacks greater than that required for subdistrict is compatible with non-residential uses, with a floor arae in excess of 1,500 square feet must pro- the parking ramp. - G. To more efficiently utilize public infrastructure bytak- vide 1:50 fully-enclosed parking spaces per dweliing unn. Stolon 15.Subsection x50.07 is emended b adding Ing advantage of peak demand variations among land Such parking spaces must be designed for the exclusive Y g a uses. use of residents of the dwelling units and their guests.The new Subd 24 as follows: 'H. To allow a Oensiryof development that Improves me .Council may require the provision of exposed parking Subd 24 Sidewalks,Trails,Bicycle Facilities.In order Is asibility of meas'transit services utilized by rest- spaces in addition to the required enclosed apeoes es a to Promote and provide safe and effective sidewalks and dents,shoppers and employees of the Greater South- condition to the issuance of a conditional use permit.. ire Is in theCiry end encourage the use of bicycles for dale Area. recreation and transportation,the following improvements I. To provide incentives to encourage affordable and life Section 12.Subd.12 of Subsection 850.16 is amended are required,as a condition of approval,on developments cycle housing. by inserting new paragraphs C,D,E and F as follows and requiring the approval of a Final Development Plan or the J. To encourage development of an active pedestrian renumbering existingg paragrapPhs C,D,E,F,G,H,I,J,K,L,M, issuance of a conditional use permit pursuant to Subsec- environment end pedastrien accessibility to and N,and O as G,H,I,J,K,L,M,N,O.P,O,Rend Srespectively. tion 850.04.The expense of such improvements shall be among developments. 'C.Setbacks for PCD-3. The minimum building setback borne by the applicant. K. To encourage the inclusion of green spaces,open required by Paragraph B of Subd.11 of this subsection A. It is the policy of the City to require the construction of space,locations for public art,landscape buffers, shall be increased as follows: sidewalks and trails wherever feasible so as to an- parks,plazas,fountains,water retention areas and In the area bounded by France Avenue on the west,York courage pedestrian and bicycle connecliwry Ihrouah- other similar spaces for the use and enjoyment of res- "1. Avenue on the east and W.70th Street on the south, out the City. Therefore,developments shall provide idents,visitors and employees and to enhance the the minimum building setback shall be Increased by sidewalks and trails which adjoin the applicant's prop- of of the human and physical environment. 1/3 foot for each foot that the building exceeds 50 feet arty i)in locations shown on the City's sidewalk and In building height. For purposes hereof,only those trail plan and if)in other local ons where the Council Section 3.Subd.4 of Subsection 850.16 is amended to finds that the provision ofsuchsidewalksandtrailsen- portions of buildings which exceeds 50 feet in building read as follows: hence public access to mass transit facilities s,con- by thi need provide the additional setbacks required or pu lis to other existing or planned sidewalks,trails "Subd.4.Principal Uses in PCD-3. In this paragraph, or public facilities. 2: b all other areas,the minimum building setback shall Any principal use permitted in PCD-2,except offices be equal to the building height for buildings taller than B. Ing elopmems shall provide sidewalks between build requiring the issuance of a conditional use permit. 50 feet. Ing entrances and sidewalks or trails which exist or which will constructed pursuant to this Subd. Department stores or shopping centers exceeding Notwithstanding the requirement of this subsection,the C. Developments shall provide direct sidewalk and trail 40,000 square feet of gross floor area. City encourages I)ground level retail and service uses that connections with adjoining properties where appro- Transit stations. create an active pedestrian and stmetscape environment priate. Public) owned uses. and il)pedestrian connections by way of skyways and tun- D. Developments must provide direct sidewalk and trail Y nets and,therefore,the City Council will consider..cep- connections to transit stations or transit stops adjoin- Sexually oriented businesses. tions to setback requirements for these purposes. Ing the property. D. Maximum Building Height in PCD-3.Maximum build- E. Design standards for sidewalks and trails shall be pre- Sectlon 4.Subd.6 of Subsection 850.16 Is amended to scribed by the Engineer. ing height In the PCD-"subdistrict shall bees follows:- read as follows: F. Non-residential develoVments having an off-street au- 1. In me area hounded by France Avenue on west, tomobile perking requirement of 20 or more spaces. "Subd.6.Conditional Uses. York Avenue on the east and W.70th Street on the must provide off-street bicycle parking spaces where south,the maximum building height shall be 18 sto- bicycles me be A. PCD-1 and PCD-2. Muni-residential uses. Y y perked and secured from theft by ries a are fest,whichever is less. [heir owners..The minimum number pof ercent of -de auto- B. PCD-3. - 2..In the area located west of France Avenue and the .ing spaces requiredshall be five percent ofthe auto- - - - 'area located east of York Avenue,the maximum.build- .mobile parkin space requirement.The design and Automobile agencies selling new,unused vehicles. ing height shall be four stories or 50 feet,whichever Is $ I placement of bicycle parking spaces and bicycle racks. used.to secure bicycles shell be aubjectdo;the:ap-