The zoning of property to MXD planned mixed use district is intended to encourage sustainable neighborhoods with a mixture of land uses, independently or when combined with adjacent mixed use zoned areas, which create a distinctive and unique sense of place. This district is expected to have a pedestrian orientation with a mixture of residential, office and retail uses in closer proximity to one another than would be possible in conventional zoning districts. The district may be appropriate in locations the comprehensive plan recommends higher densities in mixed-use developments and to implement policies for reuse and development of vacant or underutilized commercial parcels and corridors. Proposals for MXD may be eligible for rezoning if they incorporate design principles, including an interconnected street network to disperse traffic and provide convenient routes for pedestrians and bicycles, high-quality civic spaces, compact development resulting in a walkable urban environment and diversity in building types and land uses.

(Ord. No. 4.414, § 1, 1-22-2018)

The MXD differs from other districts within the city in that it is a development district intended to guide the physical form of buildings, provide a mix of uses in close proximity to each other in a higher density urban environment. To accomplish the purpose and objectives of this district the following components shall be provided by an applicant seeking this zoning classification or development within this district which will supplement the standards and guidelines provided in this chapter.

(a)

Regulating plan. A tract of land may be zoned MXD only upon approval of a regulating plan, which shall be included as part of the zoning application. The plan shall identify various zones, mix of uses, and the character of each zone typically specific to each block or lot in the district. This may include an illustrative plan showing buildings and preliminary designs for streets and civic spaces for each block or lot. The regulating plan dictates where additional standards may apply as part of the next two sections.

(b)

Development standards and guidelines. The MXD provides common development standards and guidelines applicable to all areas zoned MXD. In addition, the MXD regulating plan may include additional requirements and guidelines specific to a particular area and/or use. The development standards and guidelines may include but shall not be limited to: building design and character, thoroughfare standards, open space and civic space, parking, lighting, signage, landscaping, among others.

(c)

Building envelope standards. The building envelope standards establish parameters for the desired building envelope within each zone. The standards address the relationship of buildings to streets, public spaces, and adjacent development by establishing building heights, setbacks, required transitions, and other requirements based on the character area.

(Ord. No. 4.414, § 1, 1-22-2018)

The following words, terms and phrases, when used in this chapter, shall have the meanings associated to them:

Accessory dwelling means an apartment not greater than 600 square feet sharing ownership and utility connections with the principal building. The dwelling may or may not be within an outbuilding.

Building envelope means the three-dimensional area enclosed by the front, side and rear building lines and the maximum height and bulk regulations.

Civic space means an outdoor area dedicated for public use.

Liner building means a building specifically designed to mask a parking lot or a parking garage from a frontage.

Live-work means a dwelling unit that contains, to a limited extent, a commercial component. A live-work unit is a unit on its own lot with the commercial component limited to the ground level.

(Ord. No. 4.414, § 1, 1-22-2018)

Mixed use districts are expected to include a mix of residential, office and commercial uses, either within an individual property zoned MXD or as part of a larger area of similarly zoned properties. A mix of uses is encouraged within each zone of the regulating plan and may be required in some locations, as specified in this section. Allowed uses are subject to the standards in section 7.161.050, general development standards and guidelines, and other standards established with zoning approval.

The size, location, appearance and method of operation may be specified to the extent necessary to ensure compliance with the purpose of this district. After approval of the MXD, uses may be added, changed or deleted by amendment. The procedure for considering an amendment shall be the same as for the original adoption. Permitted uses include the following, unless otherwise modified or prohibited by the ordinance granting an MXD planned mixed use district:

(a)

Permitted uses.

(1)

Any use permitted in district C-2.

(2)

Live-work spaces.

(3)

Multiple-family dwellings.

(4)

Two-family dwellings.

(5)

Single-family dwellings.

(6)

Accessory dwelling unit.

(7)

Any other use established by the ordinance granting an MXD planned mixed use district.

(b)

Special uses. The following uses shall be prohibited unless specifically granted in the ordinance approving the MXD, or upon amendment to the ordinance approving the MXD, including findings with a preponderance of evidence indicating the proposed use is consistent and compatible with the character and intent of the MXD and can be incorporated as part of a broader mix of uses supporting an active pedestrian urban environment.

(1)

Automotive supplies and dispensed petroleum products.

(2)

Parking structures as a primary site use.

(3)

Drive-up and drive-thru services. When permitted, such facilities shall be integrally designed into the development. The drive-thru lane and drive-thru window shall not be located where visible from the public street or private drive network; or as specifically granted in the ordinance approving the MXD.

(c)

Outdoor eating and drinking. Outdoor areas for eating and drinking shall be permitted and are encouraged as part of the development design. Any such outdoor areas shall be designated on a final development plan. When located on public right-of-way such areas may be subject to a right-of-way maintenance agreement.

(Ord. No. 4.414, § 1, 1-22-2018)

Unless otherwise approved by the city council, development within the MXD zoning district shall comply with the following common development standards and guidelines provided in this section. Additional regulations for each separate MXD shall be set forth in the ordinance granting the MXD. The regulating plan may include other requirements as the city council may deem appropriate. The MXD shall conform to all other sections of this title unless specifically exempted in the ordinance granting the MXD.

(a)

Sustainable design and construction. The design and construction of new buildings and site improvements are expected to incorporate low impact development practices that increase pedestrian and bicycle accommodations, reduce storm water runoff and pollution, reduce wastewater and increase water reuse, reduce light pollution, increase building water and energy efficiency, and similar sustainable best practices. The design approach to achieve such practices shall be detailed with plans and components submitted with the MXD zoning application and site plan approvals.

(b)

Building height. No maximum height, provided that the height of buildings shall be as established by the MXD building envelope standards. At least 50 percent of the total floor area (excluding structured parking) shall be located above the ground floor, with the exception of auditoriums, conference facilities, theaters, and other similar uses.

(c)

Setbacks. The requirements regulating setbacks shall conform to the following, unless otherwise approved by the city council as a part of the building envelope standards. Additionally, during the rezoning approval process the city council may require additional setbacks if it is determined that such setback is necessary to provide adequate open space, access to light and air, a healthful living environment, prevent visual obstruction of adjoining properties, or to ensure compatibility with existing adjacent development.

(1)

Front yard setback. No minimum requirement. The front yard setback shall be established as shown on the approved MXD plans.

(2)

Side yard setback. No setback required except that where a lot line abuts the lot line of a residentially zoned property, a setback shall be required which is at least equal to the minimum setback required in the district which the MXD abuts.

(3)

Rear yard setback. No setback required except that where a lot line abuts the lot line of a residentially zoned property, a setback shall be required which is at least equal to the minimum setback required in the district which the MXD abuts.

(d)

Public open space/civic space. Formal and informal areas of usable outdoor open spaces are required. These serve as areas for community gatherings, landmarks, and as organizing elements for the neighborhood. Usable open space includes squares, plazas, greens, preserves, parks, and greenbelts.

(e)

Vehicular and pedestrian network. An interconnected network of pedestrian and bicycle facilities shall be integrated into the overall development and street design. The design of streets shall include adequate right-of-way to create safe and well-furnished pedestrian and bicycle corridors in the public streetscape. The following shall also apply:

(1)

An interconnected network of streets shall be required. Dead-end streets, including cul-de-sac streets, are prohibited unless determined with the MXD plan approval that the most desirable plan requires laying out a dead-end street.

(2)

The roadway designs used within the different areas of an MXD may vary depending on the proposed function of the roadway, the anticipated adjacent land uses, the anticipated traffic load, and appropriate accommodations for pedestrian and bicycle facilities as directed by the community development director. Streets in an MXD may be narrower than in conventional development, as well as more varied in size and form to control automobile traffic and give character to the district or neighborhood. A variety of unique and innovative roadway designs that lend character to the neighborhood and provide safe pedestrian and bicycle facilities are required.

(3)

The streetscape design shall be consistent with city standards for mixed-use districts, and include sidewalks, landscaping and street trees, pedestrian lighting, and other pedestrian amenities and furnishings such as benches, trash receptacles, bicycle racks, and similar elements contributing to the character of the area.

(4)

Residential driveway access from a lot to an alley or lane in an MXD is permitted and preferred. Driveway access from a lot to a street is permitted, subject to architectural design and setback requirements detailed with development plan approvals. Where garage access is from the street, special architectural and setbacks are required to ensure the garage is not the dominant building feature.

(f)

Reserved.

(g)

Vehicular and bicycle parking. Off-street parking and loading requirements for each separate MXD planned mixed use district shall be as set forth in chapter 180 and chapter 195 unless otherwise modified by the ordinance granting the MXD.

(1)

Required parking—Reductions. The city council may reduce the parking and loading requirements set forth by chapter 180 after considering documentation and/or study provided by the applicant, staff's recommendation, and giving decisive weight to all relevant facts including, but not limited to the following factors: availability and accessibility of alternative parking; the availability of existing or planned transit services; the availability of bicycle parking; impact on adjacent residential neighborhoods; existing or potential shared parking arrangements; the characteristics of the use, including hours of operation and peak parking demand times; design and maintenance of off-street parking that will be provided; and whether the proposed use is new or a small addition to an existing use.

(2)

Shared parking. Shared or community parking areas shall be required. Off-street parking areas shall be small in scale and divided into surface parking lots not to exceed 50 parking spaces, unless otherwise approved by the city council.

(3)

On-street parking. On-street parking spaces on public and private streets may be counted towards the required off-street parking, provided the on-street spaces are located on an adjacent or internal street that allows on-street parking. Such on-street parking spaces must be identified on plans at the time of submittal to the city.

(4)

Maximum parking. Grade level parking allowed per use or per project shall not exceed the minimum parking required for such use. Any new parking facility with a capacity exceeding 200 spaces shall accommodate no more than 50 percent of the total parking at grade level.

(5)

Parking location. Surface parking shall be located behind and/or to the side of buildings. No parking areas shall be located between the front of a building and the street toward which the building faces. Unless otherwise approved by the city council, no open parking areas shall be located closer than 15 feet to a street right-of-way, or no closer than ten feet to a property line other than a street line. Parking areas within the building, or within a parking structure extending more than six feet above the finished grade, shall comply with the setback regulations of the main building.

(6)

Parking lot screening. All surface parking areas visible from the street right-of-way shall be screened with landscaping in combination with a low masonry wall or ornamental fence, and maintained to at least the average level of maintenance of the other developed property within the immediate neighborhood. Landscaping shall be located between the wall or fence and the public right-of-way, sidewalk, or boundary. Walls, fences, and landscaping shall not exceed three and one-half feet in height to adequately screen most vehicle headlights while maintaining clear visibility into and out of the parking area.

(7)

Parking structures. No parking structures shall have any façade on any public street, unless providing a liner building of retail, office, or residential use at the street level along the entire street frontage. All visible sides of parking structures shall be constructed with similar materials as the main building.

(8)

Bicycle parking. In order to encourage the use of bicycles, safe and convenient bicycle parking shall be required for development in the MXD. At least one bicycle parking space shall be required for each ten automobile parking spaces required in chapter 180. Bicycle parking must be provided by bicycle racks or lockers that are anchored so that they cannot be easily removed. Unless otherwise approved by city council, bicycle parking must be located within 50 feet of an entrance to the building.

(h)

Service and loading areas. All service and loading areas shall be entirely screened from view. Loading docks and overhead doors shall be incorporated into the building design and screened or located in a manner to not be visible from public streets.

(i)

Signage. Sign standards including the location, height, size, materials and design of all proposed signage shall be established by the MXD plans and set forth in the ordinance granting the MXD.

(Ord. No. 4.414, § 1, 1-22-2018)

The procedure for establishing an MXD shall follow the procedure for zoning amendments as set forth in section 7.100.060. In addition, the following information shall be submitted with each application:

(a)

Regulating plan (as described in subsection 7.161.020(a)).

(b)

Development standards and guidelines (as described in subsection 7.161.020(b)).

(c)

Building envelope standards (as described in subsection 7.161.020(c)).

(d)

Preliminary development plan. A tract of land may be zoned MXD only upon approval of a preliminary development plan. In addition, an approved final development plan shall be required for development in the MXD. The preliminary plan process shall be consistent with chapter 160 of this title.

(e)

Final development plan. Upon approval of the MXD preliminary development plan and the rezoning of the property by the city council, a final development plan for the project shall be prepared and submitted for recommendation by the planning commission. Permits for construction shall not be issued until final development plans have been reviewed and approved. It is the intent of this chapter that building permits and the development project, as constructed, shall conform to the approved final development plan. The final plan process shall be consistent with chapter 160 of this title.

(Ord. No. 4.414, § 1, 1-22-2018)