Aurora City Zoning Code

CHAPTER 1177

Mixed-Use Development District

1177.01 INTENT.

The intent of the Mixed-Use Development District ("District") is to foster a unified development permitting specific uses and include related development standards that:

(a) Encourage skillful planning by allowing flexibility in type and placement of buildings while promoting coordinated architectural design within a unified development area.

(b) Encourage a mixture of complementary land uses that includes housing, retail, offices, commercial services, and civic and government uses, to create economic vitality.

(d) Provide flexibility in the siting and design of the development and subsequent redevelopment to anticipate changes in the marketplace.

(e) Establish design criteria for the new developments that are aesthetically pleasing and foster pedestrian movement among the facilities in the development and to and from the development.

(f) Promote a high level of landscaping to:

(1) Buffer and protect adjacent uses;

(2) Maximize the existing and intended community characteristics along existing roads, and which are distributed throughout the district;

(3) Foster green design and a sense of openness to the maximum extent practicable.

(g) Control the vehicular circulation and access to existing roads to minimize, to the extent practicable, congestion and increase safety.

(h) Provide for an efficient means of facilitating the development of the district.

(Ord. 2014-144. Passed 12-1-14.)

1177.02 PURPOSE.

(a) The City contains certain large parcels of land which have not been developed to their full economic potential. The development of these parcels as currently zoned is deemed impractical, and not in keeping with the best interests of the City. In order to preserve and promote the best use of these parcels as well as their orderly development, they should be placed in a separate zoning category which would permit thereon combinations of uses including family dwellings, commercial buildings, entertainment, community amenities, offices, professional and research buildings, and other compatible uses.

(b) The purpose of this use classification is to designate, regulate and restrict the location, design and use of buildings, structures and 'interior streets; to promote high standards of exterior appearance of buildings and grounds; to stabilize and improve property value with the smallest possible burden on municipal services and facilities with the highest possible return to the City from tax revenues consistent with maintaining and improving the general character of the City; to promote health, safety, comfort, convenience and general welfare; and thus to provide the economic and social advantages resulting from an orderly planned use of these large parcels of land.

(Ord. 2014-144. Passed 12-1-14.)

1177.03 OVERALL DESIGN OBJECTIVES.

(a) The overall objectives of this chapter are intended to result in:

(1) Designs in residential and commercial areas that reflect the City's development and planning policies as set forth in this code and that are consistent with the Master Plan.

(2) Designs that are intended to encourage flexibility, innovation, and creativity in site and development design by allowing the mixing of permitted uses and/or modification or variation from otherwise applicable zone district and development standards.

(3) Designs which encourage a mix of retail, service, office, housing, live- work units, entertainment and public activities to coexist in a manner that reflects human scale and emphasizes pedestrian orientation, taking advantage of the vitality that mixed uses can bring to the community.

(4) Designs which provide substantial buffers and transitions between areas of different land uses and development densities.

(5) Designs which enhance the appearance of neighborhoods by conserving areas of natural beauty and natural green spaces.

(6) Designs which provide a choice in the type of environment available to the public by allowing development that would not be possible under the strict application of other sections of this code.

(7) Development and/or permanent preservation of open space, and recreational areas and facilities.

(8) A creative approach to the use of land and related physical facilities that result in better urban design, higher quality construction and the provision of aesthetic amenities.

(9) The efficient use of land, so as to promote certain economies in the provision of utilities, streets, schools, public grounds and buildings, and other facilities.

(10) Promotion of an efficient and expedient development and approval process to effectively reduce the time for delivery of projects within the District

(b) All mixed use developments shall be designed and developed to provide an appropriate inter relationship between the various uses and structures within the development. Residential / commercial uses may be located within the same or adjoining structures, provided appropriate health and safety regulations are followed, and:

(1) No land or structure shall be used or occupied so as to create any nuisance or hazard involving fire, explosion, noise, vermin, brilliant light, vibration, smoke, dust, fumes, odor, heat, cold, disease, dampness, electrical or electronic disturbance, radiation and/or toxic agents.

(2) When residences exist or are permitted within the District, particular care shall be taken in the design of the development to Insure residents shall not be disturbed by excessive noise, light, vibration, or other annoyances.

(Ord. 2014-144. Passed 12-1-14.)

1177.04 DISTRICT BOUNDARIES.

The boundaries of the Mixed-Use Development District shall be as designated on the attached map, marked as Exhibit A. (Ord. 2014-144. Passed 12-1-14.)

1177.05 PERMITTED USES.

The permitted uses shall include office, retail, entertainment, amusement, commercial, residential and governmental uses, or any combination of the foregoing, and uses accessory thereto or compatible therewith, subject to the express standards and conditions provided in this Chapter. Additionally, any use authorized in the Aurora Planning and Zoning Code, Table 1153.01 R4, C1, C2, C3 and 01, shall be permitted, including conditional and comparable uses.

(Ord. 2014-144. Passed 12-1-14.)

1177.06 EXISTING USES.

All uses currently established at the time of passage of this ordinance shall be allowed to continue in accordance with Chapter 1169 of the Aurora Codified Ordinances, "Nonconforming Uses, Structures, and Lots," as in effect at the time of passage of this ordinance.

(Ord. 2014-144. Passed 12-1-14.)

1177.07 MINIMUM DEVELOPMENT AREA AND MAXIMUM DENSITY.

Site plans for development parcels shall consist of at least ten acres, Only in the event the Planning Commission determines that due to unique circumstances this minimum standard cannot be achieved may a site plan of fewer than ten acres be approved: and then only if the development of the site at less acreage will not have a material adverse effect on adjacent property, or the overall District, or the City. Under no circumstances, however, shall a site plan of fewer than five acres be approved. The maximum residential density of the District shall be two and one-half units per acre as calculated for the buildable area of the Mixed-Use Development District. The buildable area excludes all catgory 2 and 3 wetlands, including setback area and riparian setback areas and other bodies of water, conservation area, green space, recreation and park land, as approved by the Planning Commission. All single famiy lots shall follow the lot size and setback requirements for R-4 zoning.

(Ord. 2019-189. Passed 1-27-20.)

1177.08 RESERVED AUTHORITY TO PROMULGATE ZONING REGULATIONS.

The authority to promulgate additional specific zoning regulations is reserved to the City after the passage of the Mixed-Use Development District by referendum vote. These regulations may include, but are not limited to, requirements to separate uses by buffering, setbacks, building heights, open space requirements, building design guidelines, landscaping requirements, streetscaping regulations, and specific processes to be followed to implement the Mixed-Use Development District. Without limiting the City's right to generate and adopt general development guidelines for the District, additional regulations, restrictions and prohibitions may be considered for each individual development parcel within the District.

(Ord. 2014-144. Passed 12-1-14.)

1177.09 GOALS OF THE MIXED-USE DISTRICT.

The purpose of Chapter 1177 is to establish a clear design framework plan for public and private redevelopment that is intended to serve as a guide for developers, architects and City officials as they seek to transform approximately 560 acres in the northern portion of the City in a coherent fashion and collaborate with the adjacent township.

These guidelines were developed to improve and build upon the existing charm and character of the City. To that end, the City of Aurora seeks to do the following:

(a) Preserve the integrity and value of adjacent single family dwellings.

(b) Create vehicular connections within the overall network.

(c) Recognize and be sensitive to the unique environmental features of the lake and topographical variations east of the railroad right of way.

(d) Incorporate Aurora's historic features - with specific emphasis on Western Reserve-type architecture.

(e) Integrate mixed-use into a development plan to create greater efficiency, economic value and greater potential to create a sense of place.

(f) Create a pedestrian friendly environment with walkable neighborhoods.

(g) Encourage Smart Growth concepts.

(h) Limit residential growth to 2.5 units per acre for a maximum of 1,400 total units.

(Ord. 2014-144. Passed 12-1-14.)

1177.10 PURPOSE OF DESIGN STANDARDS.

(a) The Mixed-Use Design Guidelines are intended to provide the City of Aurora with a mechanism to assist developers, businesses, commercial property owners and homeowners in the planning and development of projects in the Mixed-Use Development District. The City's intention is to provide workable guidelines that allow flexibility in new development while preserving the historic character of the City and natural geographic assets. Further, these recommendations provide options to create walkable communities, develop a variety of open space and streetscape options while creating jobs and increasing the City's tax base.

(b) In order to further the vision of the Mixed-Use Development District, certain recommendations are in place to guide development while allowing a unique and eclectic mix of residential, commercial and retail uses within each area.

(c) Please refer to Attachment A for the map of the Mixed-Use Development District. The new mixed-use district encompasses over 500 acres with a wide variety of topography. The City seeks to create a vibrant entertainment district near the lake (referred to as the Waterfront District) with a mix of unique and attractive office, retail and residential uses and with additional office and residential uses in the areas located off SR 43 and Treat and Chillicothe Roads (referred to as Neighborhood / Office areas). (Ord. 2014-144. Passed 12-1-14.)

1177.11 DESIGN GUIDELINES.

(a) Objectives.

• Incorporate Aurora's historic features with specific emphasis on Western Reserve-type architecture.

• Promote economic value and the creation of a 'sense of place.'

• Create a pedestrian friendly environment with access to shopping, dining and entertainment.

• Protect and enhance surrounding neighborhoods.

• Character-defining features and Smart Growth concepts should be taken into consideration when reviewing new construction or renovation projects in this area.

(b) Public Improvements.

(1) Public Right of Way.

• Consideration for right of way width should be planned in cooperation with Bainbridge Township, in order to achieve consistency. A pre-planning meeting with City Officials is highly recommended prior to site plan preparation.

• A uniform street width following the City of Aurora's current guidelines should be established. Right of way should allow for narrow travel lanes, (in order to slow traffic in pedestrian areas), tree lawns and a 5 foot sidewalk on either side, except that streets located in the Waterfront District should allow for a 15 foot sidewalk to allow for outdoor dining, landscaping and public space.

(2) Public Open Space. Passive recreation is encouraged in a natural setting surrounding the existing lake. Considerations should include a boardwalk, trails and open green space.

In keeping with the City's goal to create connectivity throughout the district, development plans shall include a plan for bike lanes and/or pedestrian walking trails from Chillicothe Road to the Waterfront District. Utilizing the property adjacent to the railroad tracks is recommended.

(3) Streetscapes. Street trees shall be consistent with native trees specified on the development plans and will be subject to approval by the City Arborist. Benches, trash receptacles, bike racks, lighting and curbs should be coordinated with Bainbridge Township to achieve unified aesthetics. Sitting areas should be located near the lake and other areas where most pedestrian traffic will occur. Tree wells should be designed and incorporated to encourage tree health and protect root mass from pedestrian traffic.

Crosswalks should be used as traffic calming and in recognition of a neighborhood center and highlighted with enhanced paving such as stamped concrete or brick. See below for examples;

(4) Street Lighting. Pedestrian scale light fixtures are encouraged and available in a variety of unique, historic styles to complement the character of the neighborhood. Light poles should have provisions to attach banners and flower baskets.

(5) Parking. Parking areas should only be permitted to the rear and sides of buildings. A shared parking agreement is highly encouraged to promote multi-use parking areas, reducing the number of spaces required for each use. Proper planning for shared parking decreases the total number of spaces required for mixed-use developments and allows for more efficient use of land, better design, walkability and traffic flow.

(6) Directional Signage. The City should consider incorporating a sign program with Bainbridge Township to create unified directional signage to assist vehicular and pedestrian movement throughout the district. Attractive and informative signage will direct pedestrians and vehicles to various locations throughout the district. Gateways should be considered to announce the arrival to the Waterfront District.

(7) Utilities. All utilities must be installed underground. Maintenance of public improvements shall be made part of the development agreement, and approved by the City.

(8) Railroad Buffering & Trail Planning. Adequate buffering is required for any development near the railroad tracks and should be included in the developer's illustrative plan. Long-term strategies include a multi-purpose trail adjacent to the railroad property.

(c) Private Improvements. To encourage multiple, unique uses in the Mixed-Use Development District, buildings are encouraged to contain a variety of uses, i.e., retail and housing or housing and office. First floor residential is not permitted. In effort to create and maintain visual quality, underground utilities are required.

(1) Setback Requirements. The main face of buildings should be constructed to the sidewalk. In the Waterfront District, front setbacks shall be increased to encourage outdoor dining, seating, landscaping and open space. Front façades and main entrances should be oriented to the street or plaza area.

(2) Parking & Screening. Shared parking areas are highly encouraged. The number of parking spaces shall be calculated collectively considering hours of operation. Surface parking lots shall be located at the side or rear of buildings only. Depending on the planned development, alleys for parking, access and trash removal will be considered. A minimum of 10% of all parking areas should contain landscaping. Opaque hedges or alternate screening is required. Dumpster enclosures must be located at the rear of the building and screened with hedges and/or fencing that is six feet high.

(3) Roofs. A mix of roof types is encouraged to avoid the box-look. Use of dormers and bay windows should be incorporated to create dimension.

(4) Building Type & Height. All buildings should be designed keeping Western Reserve aesthetics in mind. Wall planes should not run for more than 50 feet without a change in plane, color or material.

Building height shall be no more than 3 stories or 45 feet. One story buildings are permitted, but artificial second stories are highly encouraged and may be required in some instances.

(5) Façade Design. Building façades should be scaled to the pedestrian. All sides visible from a street must match the front façade. Storefronts should incorporate elements such as display and transom windows.

(6) Awnings & Lighting. Awnings should be decorative, functional and complement the color of the building. They should be constructed of durable, washable fabric. Material samples must be presented during design review. Awnings are permitted as signage. Creating unique pedestrian entrances using canopies, arches, peaked roofs and overhangs is permitted and encouraged. Building lighting can take a variety of shapes and should be incorporated into the unique design of each building

(7) Building Materials. Designs should incorporate the history of the Waterfront District and Western Reserve area. Development should consist of lasting materials that weather well and need little maintenance. Acceptable materials include brick, stone and wood. Textures of smooth and rough brick, rough and smooth concrete in foundations, stone or metal trim and painted wood are encouraged. Non-traditional materials such as vinyl siding are acceptable, but sheet metal and plastic panels are not.

(8) Landscaping. A minimum of 10% of all parking areas should contain landscaping. The use of planters, window boxes, etc. is encouraged. Landscape plans are required and must be approved by the City's Arborist and Planning Commission.

(9) Signage. Signage plays an important role in a mixed-use district and conveys an image for businesses and should be attractive and appropriate. Pole signs, internally illuminated signs and plastic signs are not permitted.

Wall signs, projecting signs, awning signs and monument signs are permitted. Natural materials are preferred. Joint identification signs are also permitted when several businesses occupy a single structure and share a common entrance. All signage shall be in accordance with the City's existing Sign Code (Chapter 1159) . The Planning Commission may consider acceptable variations presented in a comprehensive sign package. Sandwich board signs are permitted only in front of businesses that are directly adjacent to the water and may only be placed outside their immediate storefront during their open hours. In the case of window signage, vinyl letters not more than 6 inches in height are permitted and may not cover more than 50% of the window surface. Refer to the City's current Sign Code for additional details on size requirements.

(Ord. 2014-144. Passed 12-1-14.)

1177.12 OPEN SPACE REQUIREMENTS FOR PLANNED CONSERVATION AND PUBLIC ACCESS.

Public access to Geauga Lake and open/community space is a priority for development in the Mixed-Use Development District. Development of lakefront property should include a 40 feet setback for public use, and is subject to Planning Commission approval. Further, every effort should be made to supplement the City of Aurora's goals for improved stormwater practices, including a shared stormwater plan. (Ord. 2014-144. Passed 12-1-14.)

1177.13 DESIGN REVIEW PROCESS.

(a) The City of Aurora Planning Commission will serve as the governing body for the design review process in the mixed-use district, except as noted herein, subject to review and approval by City Council. Planning Commission reviews and approves design proposals including, but not limited to, new development, renovation, landscaping, lighting and signage. The Architectural Board of Review will serve as the governing body for design review for single family homes. Planning Commission reserves the right to approve variances in certain situations.

(Ord. 2019-189. Passed 1-27-20.)

(b) The City of Aurora places a high priority on a cohesive and collaborative plan for the Mixed-Use Development District. In order to ensure responsible and sensible development, preliminary site plans must consider the uses planned for adjacent parcels in order to create interconnectivity between development projects.

(c) All design proposals should be submitted with preliminary and final architectural plans and/or drawings and specifications for the work involved. These proposals must be submitted by the applicant and/or the architect, engineer or other appropriate professional. Variations to the requirements set forth in the aforementioned document may be considered and approved by the Planning Commission on a case by case basis.

(Ord. 2014-144. Passed 12-1-14.)

ATTACHMENT A, MAP OF DISTRICT