The mixed use village (MUV) district is established primarily to encourage the development of mixed use developments consisting of both residential and commercial property. The MUV district is intended to:

A.

Encourage the development of large tracts of land as planned, mixed use communities;

B.

Encourage flexible and creative concepts in site planning;

C.

Preserve the natural amenities of the land by encouraging scenic and functional open space areas; and

D.

Provide for an efficient use of land.

(Ord. of 12-3-2018)

Within the MUV district, land and structures shall be used in accordance with the standards set forth herein. Any use not specifically designated as a permitted use shall be prohibited.

Structure and land may be used for only the following purposes:

1.

Single-family attached dwellings;

2.

Single-family detached dwellings;

3.

Multi-family dwellings;

4.

Patio homes;

5.

Townhomes;

6.

Condominiums;

7.

Apartments;

8.

Live work units; residential, above or behind commercial and office uses in the same building;

9.

Small accessory apartments (guest house);

10.

Accessory buildings and uses;

11.

Clubs and lodges (non-commercial);

12.

Colleges and universities;

13.

Commercial and office uses;

14.

Retail and service uses;

15.

Day care facilities;

16.

Family day care;

17.

Golf courses;

18.

Group homes;

19.

Guest houses;

20.

Home occupations;

21.

Neighborhood recreation centers;

22.

Nursing home facilities;

23.

Continuum of care retirement facilities

24.

Parks, public and private;

25.

Personal care homes;

26.

Public utility facilities;

27.

Recycling centers (collecting);

28.

Religious institutions;

29.

Retirement centers;

30.

Schools, public and private;

31.

Public uses;

32.

Parking structures

(Ord. of 12-3-2018)

Low intensity manufacturing not to exceed 50,000 square feet for the total MUV. Such facilities must be located in an enclosed building or structure, must be designed to fit the architectural theme of the community, must not emit any noxious odors or noise and shall not be used for the storage of hazardous materials.

(Ord. of 12-3-2018)

Structure and land shall not be used for the following purposes: Adult entertainment establishments; adult video stores; adult book stores; adult novelty stores; mobile homes; or any use not designated as a permitted use.

(Ord. of 12-3-2018)

Land area for the MUV shall be a minimum of 20 acres in size.

(Ord. of 12-3-2018)

The gross overall density shall not exceed 2.8 units per acre; however, to promote innovative design, the intent of the MUV is to be density neutral. There is no specific lot size required or specified. Lot sizes shall be based on the development master plan presented and approved by the mayor and council.

(Ord. of 12-3-2018)

The village core area is defined as the geographic area within the community where the majority of commercial, business and public facilities shall be located that are intended to serve the entire community. The village core area should also contain dense housing as compared to the rest of the community. The village core area shall be designated on the conceptual plan.

(Ord. of 12-3-2018)

Front, side and rear setbacks and buffer requirements shall be established as part of the master development plan.

(Ord. of 12-3-2018)

All water and sewer service construction shall meet the standards of the service provider. Utilities shall be placed underground. Storm water facilities shall be constructed to the specifications of the applicable local or state authority.

(Ord. of 12-3-2018)

The street network shall be designed in a generally connected pattern limiting cul-de-sacs when possible. Street patterns shall be designed to respect and follow existing topography as much as possible, to minimize earthmoving and disruption of existing natural features. The applicant may request alternative design standards for infrastructure such as narrower streets or alternative stormwater methods to provide for more creative land development and to decrease potential environmental impacts of proposed development. Any proposed alleyways shall be designed in accordance with the approved development plan. Streets shall be designated public or private on the master development plan.

1.

Streets shall be designed to:

a.

Preserve existing hardwood tree lines and watercourses;

b.

Minimize alteration of natural, cultural and historic features;

c.

Minimize acreage devoted to streets;

d.

Calm vehicle traffic;

e.

Promote pedestrian circulation;

f.

Maximize the view of natural vistas.

2.

Street construction. Street design and construction shall be shown on in the master development plan. In the core village the street shall be designed to meet the 300 to 600 feet grid. See § 2-38 of the community agenda.

3.

Parking. Parking spaces shall be provided in accordance with current city regulations as to number of spaces for a particular use and dimension of spaces. Parking may be shared between uses if no conflicts shall arise from such arrangement. If shared parking is proposed, then the applicant shall submit a plan for such arrangement with the master development plan.

a.

On-street parking shall be permitted throughout the district and shall be depicted on the master development plan. On-street parking spaces shall count toward the minimum spaces required based on the land uses proposed. Off-street parking design shall be approved by the city department of public works.

4.

Alleys. Alleys shall be permitted as appropriate. Alleys shall be designed with a minimum of 12-feet lane width and a minimum R-O-W of 20 feet. Alley design shall be approved by the city department of public works.

5.

Pedestrian circulation. As part of the master development plan, the applicant shall submit a pedestrian circulation plan depicting size and location of all pathways, trails and sidewalks. All proposed land uses shall be connected to the pedestrian circulation system. Multi-use trails shall be noted in the master development plan. Golf carts are permitted on the multi-use trails if so designated on the master development plan.

6.

Street trees. As part of the master development plan, the applicant shall provide a street tree plan showing the location, spacing and type of street trees proposed throughout the development. Such plan may be depicted on a section of roadway providing an example of the intended tree planting program for the entire community. Street trees shall not be required in areas where the applicant intends to preserve existing trees. Developments in the MUV district shall meet the provisions of the most current landscaping requirements adopted by city related to parking areas.

(Ord. of 12-3-2018)

The intent of the MUV district is to promote architectural style in signage by encouraging monument type signs using architectural materials. As part of the master development plan, the applicant shall submit a sign plan that illustrates the size and style of signs to be constructed, as well as a description of materials to be used for all freestanding, wall, entrance and directional signage. The intent of these regulations is to promote signs architecturally compatible with surrounding development.

(Ord. of 12-3-2018)

A minimum of 30 percent of the total land area of the MUV district shall be open space or green space. Open space may include areas for both passive and active recreation. Examples include parks, playgrounds, play fields, plazas, greenways, trails, streams, creeks, ponds and natural areas. The concept plan shall show all proposed areas of open space. For the purpose of this section, the developer or owner may designate a portion of the open space as a wetland, stream and/or wildlife mitigation bank, and such area shall be counted as part of the open space. In addition, such mitigation bank may be placed in the ownership of a third party but shall be considered as part of the overall required development open space as long as such area remains a mitigation bank or is undeveloped.

(Ord. of 12-3-2018)

As part of the concept plan approval process, the applicant shall provide preliminary information regarding the architectural theme of the community. Such preliminary information shall include drawings showing at least two typical residential elevations and drawings showing at least two elevations of typical proposed commercial buildings. As part of the master development plan approval process, the applicant shall submit information regarding intended architectural design for the community. Such information shall include at minimum a description of materials and colors of exterior of all buildings, roofing materials and pitches, and requirements (if appropriate) regarding porches and parking garages. Architectural standards may change due to future changes in the real estate market pertaining to household sizes and buyers wants and desires. The planning commission and mayor and council shall have the authority to approve any modifications to architectural standards within the master development plan.

(Ord. of 12-3-2018)

Prior to constructing any structure or facility, the applicant shall submit a landscaping plan showing the location of all proposed landscaping for the area to be disturbed. Such plan shall show all proposed planting material (type and size), ground cover, proposed irrigation, and existing vegetation to be preserved.

(Ord. of 12-3-2018)

In order to develop in the MUV district, the applicant shall first obtain approval of the concept plan. Thereafter or concurrent with presentation of the concept plan, the applicant shall submit a detailed master development plan that shall be approved before the issuance of a land disturbance permit.

1.

Concept plan. In order to rezone to MUV, the developer/applicant must submit a concept plan that shall include, but not be limited to:

a.

Proposed uses;

b.

Number of units per use;

c.

Designated areas of use;

d.

Open space, amenities, road systems, access points;

e.

Proposed name of development;

f.

Location of all wetlands and streams as those terms are defined under state and federal law; and

g.

Public and private streets.

A concept plan of the development shall be submitted to city at the time of filing for rezoning to the MUV district. The concept plan shall be prepared by an architect, landscape architect, engineer and/or land surveyor whose state registration is current and valid.

After the concept plan is approved, minor variations from the plan shall be permitted at the discretion of the planning director or designee. Major variations shall be reviewed and approved by the planning commission and the mayor and council.

As each phase of the development is developed, the owner shall provide the city with an updated summary of density "used" and remaining density "available" for future phases.

2.

Master development plan approval. After zoning for the MUV district is approved, which includes approval of the concept plan, or concurrent with applying for re-zoning to MUV district, the developer and/or property owner shall submit the proposed master development plan for any phase to be constructed before a land disturbance permit is approved by city. The master development plan shall include:

a.

Location of streets, roadways, alleyways, sidewalks, trails and other transportation facilities;

b.

Location and size of water and sewer facilities;

c.

Location and size of all stormwater and sediment control facilities;

d.

Location and size of lots and building areas along with proposed setbacks;

e.

Location and designation of all buffered areas; streams, creeks and waterways, wetlands, adjacent property owners;

f.

Location of proposed open space/greenway areas;

g.

Proposed sign program with specifications and locations of signs;

h.

Proposed landscaping for the particular phase to be developed;

i.

Architectural standards as stated in this article.

j.

Additional items that may be requested by the city planning staff or the mayor and council necessary to ensure compliance with the terms of this article.

After the master development plan is approved, variations from the master development plan shall be submitted to the planning commission for review and recommendation and then submitted to the mayor and council for approval or denial.

As each phase of the development is permitted, the owner shall provide city with an updated summary of density "used" and remaining density "available" for future phases.

(Ord. of 12-3-2018)