District MU, Mixed Use District is intended to accommodate projects which combine several compatible land uses into an integrated development. The MU District may also be used to pre-designate parts of the City which are appropriate for a mixture of residential, commercial, office, and accessory uses. This District permits mixing residential areas with workplaces and services. Development in the MU District must accommodate transportation systems, pedestrian and bicycle movement, and surrounding environments.

Each ordinance establishing an MU District establishes the use types permitted within its boundaries.

A.

The minimum area of any MU District is two (2) acres.

B.

Prior to the issuance of any building permits or other authorization, all projects in the MU District shall receive approval by the City Council, following a recommendation by the Planning Commission. This approval may be granted for a specific plan for the development of an MU District in lieu of a plan for individual projects, provided that any subsequent developments are consistent with the specific plan.

C.

Procedures and requirements for applications and approval of MU Districts are the same as those for PD, Planned Development Districts, set forth in Chapter 38.

A.

The Planning Commission and City Council shall review and evaluate each Mixed Use District application. The City may impose reasonable conditions, as deemed necessary, to ensure that a Mixed Use Development shall be compatible with adjacent land uses, will not overburden public services and facilities, and will not be detrimental to public health, safety and welfare.

B.

The Planning Commission, after proper notice, shall hold a public hearing and act upon each application.

C.

The Planning Commission may recommend amendments to MU District applications.

D.

The recommendation of the Planning Commission shall be transmitted to the City Council for final action.

E.

The City Council, after proper notice, shall hold a public hearing and act upon any Ordinance establishing an MU, Mixed Use District. Proper notice shall mean the same notice established for any other zoning amendment.

F.

An ordinance adopting a Mixed Use District shall require a favorable simple majority of the City Council for approval.

G.

Upon approval by the City Council, the Development Plan shall become a part of the ordinance creating or amending the MU District. All approved plans shall be filed with the Planning Clerk.

The City Planner is authorized, at his/her discretion, to approve amendments to an approved development plan provided that:

A.

A written request is filed with the City Planner, along with information specifying the exact nature of the proposed amendment.

B.

The amendment is consistent with the provisions of this chapter.

C.

The amendment does not alter the approved site regulations of the development plan and does not materially alter other aspects of the plan, including traffic circulation, mixture of use types, and physical design; or does not increase density floor area ratios.

D.

Any amendment not conforming to these provisions shall be submitted to the Planning Commission and City Council for action.