The purpose of a mixed use zone is to allow the integration of commercial, office and residential uses into a single, cohesive development. The places that are created as a result of this zone will reflect a town center philosophy and include excellence in architecture, streetscapes, public spaces, connections and pedestrian emphasis. Each dwelling unit is to be held in private individual ownership. (Ord. 2013-02)

   CONCEPTUAL DEVELOPMENT PLAN: A document providing a sufficient description of the overall plan and design of a proposed development in a mixed use zone. The plan should provide sufficient detail and information to provide the city with a clear overview of the proposed development.

   DEVELOPMENT AGREEMENT: A legally binding contract between a property owner and/or a developer and the city which provides the details governing the development of a parcel of land for the owner's or developer's personal or commercial use.

   DEVELOPMENT PLAN: A document providing sufficient detail to outline the basic elements of a proposed development in a mixed use zone. The plan should provide detailed information including, but not limited to: intended residential and/or commercial uses, structure location, appearance, utilities, traffic, drainage, ordinance compliance, impacts to neighboring properties, and other significant details of the proposed development.

   MIXED USE ZONE: A land use zone permitting a combination of residential and commercial developments.

   TOWNHOUSE: Single-family attached dwelling units with no more than four (4) units attached. (Ord. 2013-02)

This zoning district is only applicable to parcels of property which are a minimum of forty (40) contiguous acres in size and consistent with the general plan as mixed use.

As part of an application to change the zoning of a parcel of property to the mixed use zone, the applicant shall submit along with the application a conceptual development plan and a development plan as part of a complete application.

The conceptual development plan shall provide sufficient detail for the city to assess the proposal and shall reflect the developer's commitment to a design scheme for the entire property. The conceptual development plan and accompanying information shall provide the basis for a development plan and shall become an exhibit in the development agreement.

   A.   The conceptual development plan shall be reviewed by the planning commission and approved by the city council and shall include:

      1.   A site plan showing the variety of land uses (residential, commercial, office and public spaces) proposed along with street layouts and connections to surrounding properties. Residential use shall not constitute more than fifty percent (50%) of the gross acreage of the entire project.

      2.   Contain renderings of streetscape themes (sidewalks, curbs, gutters, park strips, streetlights), landscape themes, sign themes, parking areas, yard areas showing setbacks, surrounding properties, parks and plazas, fencing and architectural themes.

      3.   Show building locations and elevations with exterior building materials, size and general footprint of all dwelling units and commercial buildings. The conceptual development plan shall also include the total number of dwelling units proposed as well as a list of commitments relating to the quality of the proposed development that the applicant is willing to commit to in a development agreement. Examples of items that should be addressed in the written description include amenities (swimming pool, tot lot, clubhouse, public/private park, trails, special features, plazas, etc.), dwelling unit sizes, exterior finish materials and entrance features.

      4.   The development of the commercial and residential areas shall coincide with each other. Planning the development in phases is encouraged. Describe in detail all phases of the commercial and residential development.

   B.   The development plan shall be reviewed by the planning commission to ensure compliance with appropriate city ordinances and building standards before submittal to the city council for final approval.

   C.   After the development plan has been approved, but prior to the rezoning of the property, the developer shall enter into a development agreement with the city and shall develop the property in accordance with the development agreement and current city ordinances in effect as of the approval date of the development agreement, together with the requirements set forth in the development agreement. The development agreement requires approval prior to any construction on the site. Once approved, the development agreement and development plan shall not substantially change. Any proposed change to the development plan or the development agreement shall be reviewed by the planning commission and approved by the city council. (Ord. 2013-02: Ord. 21-02)

The following are permitted in a mixed use zone, subject to the approved development plan and the development agreement, provided the requirements of all other provisions of this chapter and any other applicable ordinances of Farr West City are met. No other permitted uses are allowed.

Buildings and uses commonly and customarily associated with residential uses (chapter 17.28 of this title).

Commercial uses listed as permitted uses in chapter 17.36 of this title and are limited to the areas designated as commercial on the approved development plan and development agreement.

Public and private parks.

Residential businesses, except daycare centers (title 5, chapter 5.16 of this code).

Residential facilities for persons with disabilities and assisted living centers (chapter 17.60 of this title).

Single-family detached units.

Single level, single-family detached units.

Townhouses with no more than four (4) units attached. Townhouses shall not exceed fifty percent (50%) of the total dwelling units. (Ord. 2016-10: Ord. 2013-02)

The following conditional uses are permitted in a mixed use zone, subject to the approved development plan and development agreement and provided the requirements of all other provisions of this chapter and any other applicable ordinances of Farr West City are met. No other conditional uses are allowed.

Daycare centers (title 5, chapter 5.16 of this code).

Temporary lodging including motels, hotels and bed and breakfasts. (Ord. 2013-02)

The residential portion of the mixed use development shall create a neighborhood with subneighborhoods displaying excellent architecture, landscaping, pedestrian pathways, connections, open space and gathering places.

   A.   Density: The overall density of the development area shall not exceed six (6) dwelling units per gross acre of the development.

   B.   Lot Size And Width: Lot size and width are determined by the development plan.

   C.   Front Yard Setback: Twenty feet (20').

   D.   Side Yards: A minimum of sixteen feet (16') between each unit.

   E.   Rear Yard Setback: A minimum of fifteen feet (15').

   F.   Building Height: Generally as allowed by the current adopted building code, with a maximum height of thirty five feet (35'), but can be modified by the development plan to assure better transitions between uses and to maintain views.

   G.   Architectural Design Standards: The design shall show detail in the unification of exterior architectural style, building materials and color and size of each unit, however, the intent is not to have such consistency in design that all units are identical. Different sections of the development and different housing types should reflect the architectural theme but be distinct giving them their own identity.

   H.   Streets: Street widths, curbs and gutters shall meet Farr West City standards. The size and location of sidewalks and park strip areas are determined in the development plan.

   I.   Signs: The signs permitted within the residential areas shall only be those allowed in residential zones. (Ord. 2013-02)

The commercial area within the mixed use zone is intended to provide an area to accommodate the development of commercial businesses that integrates with the adjacent residential use. The commercial business area should be characterized by well landscaped areas, walkable streetscapes, excellent architecture and sufficient off and on street parking. A town center approach is encouraged.

   A.   Signs: The signs permitted shall be those allowed in commercial zones (section 17.56.070 of this title). (Ord. 16-01: Ord. 2013-02)

The rezone of the development property to mixed use is site specific. Once property is rezoned to mixed use, the development must commence within five (5) years of the approval. If no significant construction has begun, the city may rezone the property back to the original zone. (Ord. 2013-02)