(a) Intent. It is the purpose of this district to provide for high intensity employment-oriented, tourist-oriented and residential uses in areas close to frequent transit service. The provisions of this district are intended to:
(1) Promote high intensity development;
(2) Avoid under-utilization of the small supply of land in the city that lies within one-half mile of high frequency mass transit service;
(3) Require the creation of a significant high density residential node to diversify housing options available in the city and create a live-work-recreation environment;
(4) Reduce vehicle trips and vehicle miles traveled relative to the same level of development in other areas by allowing residences in close proximity to employment and services, by allowing intense development in close proximity to high frequency transit service, and by encouraging multi-purpose trips, walking trips, carpool trips and transit trips;
(5) Reduce overall costs and impacts of parking by making shared parking feasible where peak parking demand times vary among uses;
(6) Maximize return on public utility and transportation infrastructure investments by requiring high intensity development;
(7) More efficiently use public and private infrastructure by taking advantage of peak demand time variations for infrastructure (roads, transit, sewer, water, electricity, phone) among land uses. By becoming a source of trip origins as well as trip destinations, roadway and transit systems can be used in a more efficient bi-directional manner;
(8) Ensure that residential development is compatible with the surrounding noise levels;
(9) Provide a pedestrian oriented environment; and
(10) Provide floor area ratio bonuses to encourage development characteristics that advance citywide and district specific objectives, including accessory and limited retail and service uses, below grade parking, parks or plazas, affordable housing, public art and sustainable design.
(b) Permitted principal uses.
(1) Offices;
(2) Hotels;
(3) Multiple-family dwellings;
(4) Transit stations;
(5) Public uses;
(6) Cinema and theaters;
(7) Medical offices and clinics;
(8) Conference, exposition and meeting facilities;
(9) Entertainment and recreation special events;
(10) Farmers market subject to standards set forth in Chapter 14, Article IX;
(11) Arts and crafts festival subject to standards set forth in Chapter 14, Article X; and
(12) Mobile food units pursuant to standards set forth in Chapter 14, Article V and § 21.302.18.
(c) Permitted limited and accessory uses.
(1) Limited uses. The following uses are permitted as limited uses:
(A) Retail uses for the sale of groceries, bakery goods, drugs, sundry items, gifts, books, recorded music, arts and crafts, plants and similar items;
(B) Personal and business service establishments including dry-cleaners, exercise and health activities, beauty and barber shops, copying services, photo developing, picture framing, licensed therapeutic massage, travel agencies and similar establishments;
(C) Restaurants without drive-up facilities;
(D) Financial institutions without drive-up facilities;
(E) Day care facilities;
(F) Fuel sales physically integrated within a structured parking facility;
(G) Beekeeping.
(2) Accessory uses. The following uses are permitted as accessory uses:
(A) Type I home businesses pursuant to standards as set forth in § 21.302.13;
(B) Hotel manager dwelling unit;
(C) Transient merchant sales in hotel interiors only; and
(D) Other uses customarily incidental and clearly subordinate to a permitted principal or conditional use. Drive through uses are prohibited.
(d) Conditional uses.
(1) Expansion of electric substation or electric transmission line facilities in existence prior to January 1, 2005, subject to the provisions of subsection (p) below;
(2) Type II home businesses pursuant to standards as set forth in § 21.302.13;
(3) Expansion of hotel facilities in existence prior to January 1, 2005, subject to the provisions of subsection (p) below;
(4) Manufactured home parks pursuant to standards as set forth in § 21.302.10
;
(5) Brewpub as a limited use;
(6) Taproom/cocktail room as a limited use; and
(7) Craft and micro-brewery/distillery/winery as a limited use.
(e) Interim uses.
(1) Remote airport parking, subject to the provisions of subsection (p) below; and
(2) Temporary Pandemic, Epidemic, or Emergency Service Facility.
(f) Residential uses required.
(1) Minimum density. Development within the HX-R Zoning District must include at least 30 residential dwelling units per acre of gross site area, with the following exceptions.
(A) Residential uses are prohibited in areas forecast to have average future aircraft noise levels at or above 70 dB DNL.
(B) For the purposes of calculating the required number of residential dwelling units for a site within the HX-R Zoning District, the land area, as calculated by city staff, of the site forecast to be exposed to average future aircraft noise levels at or above 70 dB DNL will be subtracted from the overall site area.
(C) On sites in which over two-thirds of the site area is forecast to be exposed to average future mitigated aircraft noise levels at or above 70 dB DNL, residential uses in the area with less than 70 dB DNL are allowed but not required.
(D) Forecast aircraft noise levels will be determined based on the highest noise level shown on either the most recent annual noise contour map published in the Minneapolis St. Paul International Airport Annual Noise Contour report or the noise level forecast for the most distant year included in the most recent comprehensive plan or environmental documents adopted by the Minneapolis-St. Paul International Airport by the Metropolitan Airports Commission.
(2) Phased developments. When a mixed use development is constructed in phases, it is the intent of the HX-R Zoning District that the residential components of the development not be set aside until the final development phase(s). Therefore, when residential uses are required on a site, final development plans may not be approved for a structure or structures that would increase the total nonresidential floor area on the site to over 50% of the total nonresidential floor area on the site approved in the preliminary development plan unless:
(A) Construction has commenced on at least 50% of the total number of residential dwelling units on the site approved in the preliminary development plan;
(B) The structure or structures include both nonresidential and residential uses and its construction would bring the number of residential dwelling units on the site to at least 50% of the total number of residential dwelling units on the site approved in the preliminary development plan; or
(C) The City Council determines that the approval satisfies the intent of the HX-R Zoning District.
(g) Floor area ratio.
(1) The minimum floor area ratio required for development within the HX-R Zoning District is 1.5.
(2) Floor area ratio calculations include all residential and nonresidential development on a site but exclude structured or underground parking.
(3) In cases where development on a site occurs in phases, each individual development phase must comply with the floor area ratio requirements of this subsection (g) on its own or in conjunction with previous phases if previous phases exceeded floor area ratio requirements. The overall development must also comply with the floor area ratio requirements of this subsection (g).
(4) The maximum floor area ratio for development within the HX-R Zoning District is 2.0, but may be increased through the following bonus provisions.
(A) Retail and service use bonus. Developments including limited use retail and service uses are eligible for bonus floor area. Two square feet of additional floor area is allowed per square foot of limited use retail and service use floor area. In no case may the retail and service use floor area ratio bonus exceed 0.50.
(B) Below grade parking bonus. Developments including below grade parking are eligible for bonus floor area. Two square feet of additional floor area is allowed per gross square foot of below grade parking floor area. To qualify for the bonus, parking must be fully below the finished final grade on all sides. In no case may the below grade parking floor area ratio bonus exceed 0.75.
(C) Plaza or park bonus. Developments not subject to park donation requirements as specified in § 22.10 that include publicly accessible plaza or park areas are eligible for bonus floor area. One square foot of additional floor area is allowed per square foot of publicly accessible plaza or park area meeting the following requirements.
(i) Land used to satisfy park dedication requirements is not eligible for park or plaza bonus floor area.
(ii) The plaza or park must include at least 5,000 square feet of contiguous area.
(iii) To avoid long and narrow spaces, the length of the plaza or park must not exceed three times the width of the plaza or park.
(iv) At least 25% of the perimeter of the plaza or park must abut a public or private street.
(v) At least 30% of the plaza or park area must consist of landscaping or water features.
(vi) The plaza or park must be easily accessible via sidewalk.
(vii) The plaza or park must be designed to encourage public use through the provision of seating, tables, trash receptacles, water features and areas for public entertainment or public display of art or cultural exhibits. Seating must be provided at a rate of not less than one seat per 200 square feet of plaza or park area for the first 10,000 square feet.
(viii) The site development agreement must include provisions ensuring that the plaza or park is open to the public every day between 7:00 a.m. and 9:00 p.m. and maintained in good order.
(ix) In no case may the park or plaza floor area ratio bonus exceed 0.25.
(x) The site development agreement must include provisions ensuring the installation, preservation, maintenance and replacement, if necessary, of plaza or park features.
(xi) The plaza or park must include pedestrian lighting at an illumination level of at least 2.0 foot candles.
(D) Affordable housing bonus. Developments including affordable housing as defined by the Metropolitan Council are eligible for bonus floor area. Three square feet of additional floor area is allowed per square foot of affordable housing unit floor area subject to the following requirements.
(i) The site development agreement must include provisions ensuring that rental units receiving the bonus will continue to remain affordable for 30 years.
(ii) The site development agreement must include provisions ensuring that owned units receiving the bonus will initially be sold at an affordable level and that mechanisms are in place to ensure that the owned units receiving the bonus will continue to remain affordable when resold in the future.
(iii) In no case may the affordable housing floor area ratio bonus exceed 1.0.
(E) Public art bonus. Developments committing funds to on-site public art are eligible for bonus floor area. One square foot of additional floor area is allowed per $50 committed to on-site public art, subject to the following requirements.
(i) In no case shall the public art floor area ratio bonus exceed one-half.
(ii) Developments requesting the public art bonus must submit a plan, to be approved by the City Council, documenting the type of public art to be commissioned, the budget, location, schedule and artist selection process. To qualify for the bonus, the City Council must approve the plan.
(iii) Works of art must be placed outside of a building at a location clearly visible and freely accessible to the public.
(iv) The site development agreement must include provisions ensuring the installation, preservation, maintenance and replacement, if necessary, of the public art.
(v) To ensure that public art is installed as proposed, a performance security in an amount equal to the bonus level approved must be submitted prior to issuance of building permits for a building on a site receiving a public art bonus. The security may consist of a bond, irrevocable letter of credit, cash deposit or other instrument that provides an equal performance guarantee to the city.
(F) Sustainable design bonus. Developments designed to minimize negative impacts on the environment as measured by the LEED (Leadership in Energy and Environmental Design) Green Building Rating System® are eligible for bonus floor area. The LEED Rating System® is a voluntary national standard administered by the United States Green Building Council. Bonuses are subject to the following provisions.
(i) One quarter square foot of additional floor area is allowed per square foot of floor area within a building that receives LEED certification at the certified or silver award level. One-half square foot of additional floor area is allowed per square foot of floor area within a building that receives LEED certification at the gold or platinum award level.
(ii) In no case may the sustainable design floor area ratio bonus exceed 1.0. The sustainable design floor area ratio bonus applies only to the phase of development that includes a building receiving LEED certification and cannot be carried forward to future project phases.
(iii) Applications for development wishing to use the sustainable design bonus must include a report from a LEED certified architect or engineer that includes a statement of the anticipated LEED certification level, a copy of the most recent version LEED scorecard and a summary of how and/or why each LEED credit can or cannot be achieved.
(iv) A building permit for a building using the sustainable design bonus will not be issued until an independent, LEED certified inspector, architect or engineer under the supervision of the city and paid for by the applicant verifies that the construction plans include the elements necessary to receive LEED certification at the level for which the bonus was granted. In the event that the LEED certification level for which the bonus was granted cannot be verified during the building permit plan review process, the applicant must either modify the construction plans to achieve the verification or forfeit the bonus by amending the final development plans to remove the bonus floor area.
(v) A final certificate of occupancy for a building using the sustainable design bonus will not be issued until the city receives verification from the United States Green Building Council that the building has been granted LEED certification at the award level for which the bonus was granted.
(vi) The site development agreement must acknowledge that building permits and final certificates of occupancy will not be issued unless LEED certification at the level for which the bonus was granted can be verified.
(h) Dimensional requirements.
(1) Building placement. HX-R Zoning District building placement requirements are intended to promote intensity, to maximize design flexibility, to facilitate pedestrian movement and to create an active pedestrian environment.
(A) There is no minimum building setback required from property lines fronting public streets.
(B) The minimum building setback along a lot line not adjacent to a public street is ten feet, unless the lot line separates two portions of the same site, in which case no minimum building setback from the internal lot line is required.
(C) Buildings must not encroach into public easements.
(D) To create an active pedestrian level environment, at least one public entrance to buildings with ground level retail and service uses must be located within 20 feet of a public street, internal private street or major pedestrian way. The City Council may approve an alternative location for buildings with ground level retail and service uses provided the alternative location better serves the goal of creating an active pedestrian level environment.
(E) Skyways, tunnels and similar pedestrian connection structures have no setback requirements from property lines for a width of 120 feet.
(2) Minimum site area. The minimum site area within the HX-R Zoning District is 120,000 square feet. Parcels with areas below 120,000 square feet may be created as part of a planned development, provided the area of the overall planned development is at least 120,000 square feet.
(3) Maximum structure height. Maximum structure height is set forth in § 21.301.10 of this code.
(i) Parking.
(1) Number of parking spaces. The number of motor vehicle parking spaces provided within a development must not exceed 130% of the citywide requirements set forth in § 21.301.06 of this code, unless the City Council determines that additional motor vehicle parking levels are warranted based on the results of a motor vehicle parking study, prepared by an independent traffic engineering professional under the supervision of the city and paid for by the applicant.
(2) Location of motor vehicle parking. In order to more efficiently use available land, improve aesthetics and create a pedestrian-oriented environment that promotes walking, biking and transit use, the location of motor vehicle parking is restricted within the HX-R Zoning District.
(A) Motor vehicle parking must be located below grade, within structured ramps, or in individual on-street spaces parallel with and adjacent to low volume streets. At-grade motor vehicle parking areas are prohibited with the exception of small, short-term visitor parking areas near structures. At-grade visitor parking areas, if provided, may include no more than one motor vehicle parking space per 20,000 square feet of floor area in the associated building.
(B) For phased developments where at grade motor vehicle parking already exists, the overall number of at grade motor vehicle parking spaces on-site must be proportionally reduced with each phase of development so that compliance with limitations on at grade parking is achieved prior to or in conjunction with the final phase of construction.
(3) Bicycle parking. Bicycle parking facilities commensurate with anticipated demand must be provided near building entrances.
(j) Building design.
(1) Entrances. Buildings adjacent to and within 100 feet of public streets must include at least one public entrance clearly visible and directly accessible from an adjacent public street. The public entrance may include security controls.
(2) Windows. First floor building facades facing and within 100 feet of public or private streets or major pedestrian corridors must meet the following window standards on those facades in order to promote a pedestrian oriented environment and add visual interest.
(A) For residential uses, a minimum of 25% of the area of the first floor building facade must be composed of windows or entrances.
(B) For nonresidential uses, a minimum of 50% of the area of the first floor building facade must be composed of windows or entrances. No more than 25% of the total window area and eye level window area may be obscured by signs, film coverings, product displays or similar covering. Blinds, curtains and similar temporary coverings for privacy or sunlight control are permitted.
(C) To count toward window area requirements, windows must be transparent.
(3) Blank facades. Blank building facades or walls must not exceed 20 feet in length. A building facade or wall is considered to be blank if it is uninterrupted by windows, doors, ornamentation, decoration, articulation or other architectural detailing.
(4) Exterior materials. The exterior materials and finish of all buildings and structures erected within the HX-R Zoning District must conform with the applicable requirements of § 19.63.08 of this code.
(5) Canopies and awnings. First floor canopies and awnings are encouraged on buildings in order to promote a pedestrian oriented environment and add visual interest. Canopies and awnings must not extend above the first floor of a building or more than 15 feet above the finished grade.
(6) Parking structures. Given the anticipated intensity of development within the HX-R Zoning District, above grade parking structures are likely to be common features within the district. The following standards are intended to ensure that parking structures complement the visual character, pedestrian orientation and overall attractiveness of the area.
(A) Placement.
(i) Above grade parking structures must not front on either American Boulevard or 34th Avenue within 200 feet of the point at which the applicable site’s property lines that front on both streets would intersect if extended.
(ii) To the extent feasible, parking structures should be placed in locations where their visibility from active areas is reduced.
(iii) Establishing retail and service uses on the ground floor of parking structures and partially wrapping the parking structure with active building space is encouraged.
(B) Architecture and materials. Parking structure facades visible from public streets, private streets or transit corridors must architecturally complement the building or buildings the parking structure serves through the use of exterior materials, architectural elements and color.
(i) Parking structure exterior materials must meet the requirements of § 19.63.08.
(ii) Parking structure exterior material color must complement the color of the building or buildings the parking structure serves.
(iii) Parking structures must include architectural elements that enhance the structure, break up its mass and complement the building or buildings the parking structure serves. Examples of specific architectural elements that may assist in meeting this requirement include decorative piers and pilasters, banding, reveals, architectural accents, wall plane articulation, decorative artwork, ornamental grillwork, recessed window openings, facade treatment variations and locating tenant signs on the side of parking ramps.
(iv) Parking structure access points must be architecturally articulated to add visual interest.
(v) Parking structures must be designed to block the visibility of vehicle headlights from outside the parking structure.
(k) Pedestrians and bicycles. Achieving the intent of the HX-R Zoning District will require high quality, linked sidewalks and bikeways.
(1) Development must provide sidewalks and bikeways that support movement throughout the Airport South District and are consistent with the Airport South sidewalk and bikeway plan.
(2) Site design for new development must promote pedestrian circulation and the principles of Crime Prevention Through Environmental Design (CPTED).
(3) Development must provide sidewalks and, where appropriate, bikeways along all public and private streets unless the City Council determines that an alternative sidewalk or bikeway location better serves the development and surrounding area.
(4) Development must provide sidewalks between building entrances and the streetside or areawide system.
(5) Development must provide for direct and continuous pedestrian and bicycle connections to adjacent sites, where links to existing, proposed or potential development are appropriate.
(6) Development sites that contain a transit station must provide direct and continuous sidewalk and bikeway connections between the transit station and buildings on-site as well as to adjacent sites, where links to existing, proposed or potential development are appropriate.
(7) To support street level retail uses, pedestrian movement between adjacent buildings and sites is encouraged to take place at grade rather than through skyways or tunnels. Grade separated pedestrian crossings over arterial and collector streets are encouraged.
(8) Sidewalk width requirements.
(A) Sidewalks adjacent to public streets, major sidewalks internal to sites and sidewalks adjacent to retail and service storefronts must have an unobstructed, walkable width of at least eight feet. Additional width is encouraged in appropriate areas to accommodate outdoor seating, benches, landscaping, light posts, trash receptacles, bicycle parking and similar pedestrian oriented infrastructure.
(B) All other sidewalks must have an unobstructed, walkable width of at least six feet.
(C) The City Council may require greater sidewalk widths through condition of approval when greater widths are deemed necessary to meet anticipated pedestrian needs or state aid standards.
(l) Open space and landscaping.
(1) Landscaping must conform with the requirements of § 21.301.15 and other applicable requirements of this code.
(2) Development must conform with any applicable district streetscape or open space plan.
(3) Each development site subject to park donation requirements as specified in § 22.10 must include at least one on-site plaza or park that meets the following requirements.
(A) The plaza or park must include at least 5,000 square feet of contiguous area. The first 5,000 square feet of plaza or park area qualifies as a credit toward the park donation requirements of § 22.10. Additional plaza or park land area above 5,000 square feet may qualify as a credit toward the park donation requirements of § 22.10 if the city determines that additional land is needed on the site to meet the park and recreation needs of area workers and residents.
(B) To avoid long and narrow spaces, the length of the plaza or park must not exceed three times the width of the plaza or park.
(C) The plaza or park must be reserved for public use through a permanent easement and must be open to the public every day between 7:00 a.m. and 9:00 p.m.
(D) At least 30% of the plaza or park must consist of landscaping or water features.
(E) The plaza or park must include pedestrian lighting at an illumination level of at least 2.0 foot candles.
(F) At least 25% of the perimeter of the plaza or park must abut a public or private street.
(G) The plaza or park must be easily accessible via sidewalk.
(H) The plaza or park must be designed to encourage public use through the provision of seating, tables, trash receptacles, water features and areas for public entertainment or public display of art or cultural exhibits. Seating must be provided at a rate of not less than one seat per 200 square feet of plaza or park area for the first 10,000 square feet.
(I) The plaza or park must be maintained in good order.
(J) The site development agreement must include provisions ensuring public access as well as the installation, preservation, maintenance and replacement, if necessary, of plaza or park features.
(m) Reserved.
(n) Reserved.
(o) Public art. The provision and exterior display of public art creates visual interest within the HX-R Zoning District and helps to facilitate a pedestrian oriented environment.
(1) Preliminary and final development plans for new development in the HX-R Zoning District must designate potential future locations for public art near high volume pedestrian corridors. At least one potential future public art location must be designated per two and one-half acres of site area. The HX-R Zoning District does not require the provision of public art but does offer floor area ratio bonuses for public art subject to the provisions of subsection (g)(4)(D) above.
(p) Sign regulations. Refer to Chapter 21, Article III, Division D, the sign code.
(q) Construction or expansion not in compliance with HX-R District standards. Where construction or expansion not in compliance with HX-R District residential use and minimum floor area ratio requirements is allowed to occur through issuance of a conditional use permit or interim use permit, such construction or expansion is subject to the following provisions.
(1) The new or expanded use is not required to comply with HX-R District residential use and minimum floor area ratio requirements. The new or expanded use must meet all other applicable requirements of the district and city code, including parking requirements.
(2) Expansion of an existing use not in compliance with HX-R District residential use and minimum floor area ratio requirements must be contained within the parcel currently occupied by the existing use.
(3) Additional requirements for nonconformities are set forth in § 21.504 of this code.
(1958 Code, § 7.051) (Ord. 78, passed 5-21-1962; Ord. 63-13, passed 6-24-1963; Ord. 63-21, passed 6-24-1963; Ord. 65-24, passed 5-3-1965; Ord. 65-78, passed 10-11-1965; Ord. 75-36, passed 7-7-1975; Ord. 87-1, passed 1-12-1987; Ord. 90-29, passed 7-2-1990; Ord. 90-42, passed 9-10-1990; deleted by Ord. 91-64, passed 10-7-1991; added by Ord. 2004-32, passed 7-6-2004; Ord. 2004-35, passed 8-16-2004; Ord. 2005-2, passed 1-18-2005; Ord. 2005-11, passed 4-25-2005; Ord. 2006-54, passed 12-18-2006; Ord. 2008-1, passed 1-14-2008; Ord. 2008-13, passed 4-21-2008; Ord. 2009-33, passed 11-2-2009; Ord. 2009-40, passed 12-7-2009; Ord. 2010-29, passed 11-1-2010; Ord. 2011-16, passed 8-1-2011; Ord. 2015-18, passed 6-22-2015; Ord. 2015-33, passed 11-16-2015; Ord. 2016-3, passed 2-22-2016; Ord. 2016-6, passed 4-18-2016; Ord. 2017-17, passed 6-5-2017; Ord. 2018-18, passed 7-9-2018; Ord. 2019-4, passed 1-7-2019; Ord. 2019-5, passed 1-7-2019; Ord. 2019-6, passed 1-7-2019; Ord. 2019-52, passed 12-16-2019; Ord. 2020-13, passed 5-4-2020; Ord. 2020-13, passed 5-4-2020; Ord. 2021-7, passed 4-26-2021; Ord. 2022-1, passed 1-10-2022; Ord. 2022-12, passed 4-25-2022; Ord. 2023-50, passed 12-18-2023; Ord. 2024-4, passed 2-26-2024)