It is the intent of Council in establishing the Mixed Use Overlay District to promote the general health, safety and welfare of the citizenry by:

   (a)   Supplementing the existing Planning and Zoning Code to allow for the possibility of additional development within the boundaries of the Mixed Use Overlay District;       

   (b)   Encouraging economic, residential and recreational development that is compatible with the existing and proposed character of the City;

   (c)   Encouraging, in select areas, a mixture of uses, including offices, limited retail, and higher density residential in a manner that reinforces and strengthens the present small-town, mixed-use environment;

   (d)   Utilizing the unique environment in select areas to achieve the economic development objectives by orienting higher density use according to the policies established in the Master Plan;

   (e)   Encouraging adjustments of lot sizes, setbacks, lot coverage and green space, parking and other development standards in order to achieve better site design, better relationships between different uses, and extended preservation of open spaces and natural topography;

   (f)   Preserving open spaces along various waterways within the City;

   (g)   Ensuring that natural topographic features in the Mixed Use Overlay District are protected and preserved during development;

   (h)   Ensuring that natural resources, including views of the waterways within the Mixed Use Overlay District, will be protected and preserved during development;

   (i)   Encouraging walking, bicycling and social interaction by providing safe and attractive amenities including benches, public sidewalks, walkways and bicycle paths that link residential and commercial areas to open spaces, natural area corridors, parks and other land uses within the Mixed Use Overlay District;

   (j)   Ensuring that historical features within the Mixed Use Overlay District are protected and preserved during development;

   (k)   Encouraging the use of sustainable green building and development practices developed by the U.S. Green Building Council for its LEED® (Leadership in Energy and Environmental Design) Program in order to integrate the principles of smart growth into the Mixed Use Overlay District; and,

   (l)   Ensuring that development occurs in a unified and timely manner in accordance with an approved development plan.

      (Ord. 2007-59. Passed 12-1-08.)

   (a)   A Mixed Use Overlay District may overlay any base or underlying zoning district, or parts thereof. Base district regulations shall apply except to the extent modified by the Mixed Use Overlay District regulations. The official Zoning Map shall identify the area covered by each approved Mixed Use Overlay District.

   (b)   The Mixed Use Overlay District may be proposed in the following locations along any of the three major arterial thoroughfares which include Cedar, Mayfield and Richmond Roads within the City of Lyndhurst:

      (1)   The lands that encompass Acacia Country Club.

      (2)   The lands that are presently located on the Cleveland Clinic Foundation Property along the west side of Richmond Road.

      (3)   The land that is presently occupied by Legacy Village located at the corner of Richmond and Cedar Roads.

   (c)   The conditional uses enumerated in Section 1169.05 shall be permitted only when in compliance with the following location and development criteria:

      (1)   The area has a useable and suitable size and shape for the intended development;

      (2)   The design of the buildings, roads, parking areas, and internal circulation creates a unified development;

      (3)   The density of the area devoted to residential uses is not less than four dwelling units per acre and not more than seven dwelling units per acre. In addition, residential units constructed above ground level offices and retail spaces must meet the space and design criteria found in Section 1164.05 of this Zoning Code;

      (4)   Not more than thirty percent of the land area of the Mixed Use Development is devoted to residential uses. Additionally, the maximum number of residential attached dwelling units shall not exceed 50% of the total number of residential dwelling units within a mixed use development.

         (Ord. 2007-59. Passed 12-1-08.)

   (a)   The gross area of a tract of land proposed to be developed as a Mixed Use Overlay District shall be at least thirty acres. However, the Planning Commission may waive this standard when it determines that, because of unique circumstances, this minimum standard cannot be achieved, and the development of the property at a lesser standard will not have any material adverse impact on adjacent property or on the City, provided that in no case shall the area of the Mixed Use Overlay District be less than ten acres. Unique circumstances shall be limited to the following:

      (1)   The proposed Mixed Use Overlay District is adjacent to, and thus becomes, an extension of an existing or separately proposed Mixed Use Overlay District; or,

      (2)   Because of existing uses, natural features or ownership patterns there is little likelihood that contiguous land area can be acquired and consolidated to achieve the requisite thirty acres.

   (b)   To be eligible to be developed as a Mixed Use Overlay District, a tract of land may be owned, leased, or controlled by either a single person or business entity, or by a group of individuals or business entities, provided that an application must be filed by all of the owners, and the approved final development plan and related conditions, including the phasing of development, shall be binding on all owners.

   (c)    It is the City’s intent to coordinate development of each and all Mixed Use Overlay Districts. To that end, all owners of property within individual Mixed Use Overlay Districts are required to coordinate development. Each development plan for a Mixed Use Overlay District must show proposed development for the entire site, which if approved by the City will serve to bind the owner to follow it in areas including but not limited to proposed uses, development densities, traffic circulation, the location, size and design of buildings, roads, parking and loading facilities, signage, landscaping and other requirements of the City’s Planning and Zoning Code.

(Ord. 2007-59. Passed 12-1-08.)

   In a Mixed Use Overlay District, the uses permitted by the existing zoning regulations shall be permitted by right and, when developed exclusive of any of the uses listed as a conditional use in Section 1169.05(a), shall not be considered a mixed use development, and shall not be subject to the minimum thirty-acre project area requirement.

   The following uses may be permitted in a Mixed Use Overlay District only when specifically authorized by City Council according to the procedures contained in Chapter 1156 and the regulations set forth in this chapter:

   (a)   The following uses, when located in accordance with the specific location criteria of Section 1169.02, may be permitted as part of a Mixed Use Overlay District:

         A.   Single-family detached cluster dwellings on standard subdivided lots.

         B.   Single family attached dwellings with no more than four dwelling units of an approved non-repetitive design contained in any single building.

   (b)   The following uses may be permitted in a Mixed Use Overlay District in compliance with Chapter 1156:

      (1)   Public utility transmission rights-of-way, substations and other utility installations;

      (2)   Continuing care facilities;

      (3)   Public or private parks, playgrounds, playfields, golf courses, tennis courts, swimming pools, recreation center buildings, or other similar recreational uses;

      (4)   Bed and Breakfasts.

   (c)   Wireless telecommunication towers or facilities when in compliance with Chapter 773 of the Codified Ordinances of the City.

      (Ord. 2007-59. Passed 12-1-08.)

   In a Mixed Use Overlay District, structures and uses customarily incidental to any of the permitted or conditional uses set forth in this chapter, and occupying the same lot or tract of land, shall be permitted including:

      (1)   Any common open space that is not part of the natural area corridor set forth in subsection (a) above shall be designed and located so as to provide (to the greatest extent possible) pedestrian access to and views of the natural area corridor along the waterway.

      (2)    No building or parking area shall be permitted in the designated common open space area.

      (3)    Other common areas shall not be considered as part of the required open space, including land fragments between two or more buildings and between buildings or parking areas, and required yards between project boundary lines and buildings or parking areas.

      (4)    Appropriate public pedestrian and bicycle pathways providing access to public streets, common open space, natural area corridors, and/or adjacent parcels shall be designated on the development plan and approved by the Planning Commission.

      (1)   The natural area corridor and common open space reserved as part of an Mixed Use Overlay District shall be either:

         A.   Retained by the owners of the project area; or   

         B.    Dedicated to a Community Association, as set out in Section 1169.10, that shall have title to and control over the land to be retained as common open space; or

         C.    Offered to the City for public open space. The City shall have the right not to accept any land area offered to the City. In the event of such refusal, the conditions of either paragraph (c) (1)A. or B. hereof shall apply. Any land area that is accepted by the City for dedication as public open space shall also continue to be counted toward the requirements for common open space.

      (2)   The legal articles relating to the ownership, management, public easements, if any, and maintenance of such common open space and natural area corridor shall be reviewed and approved by the City’s Law Director. The Law Director shall indicate such approval prior to the development plan being approved by the Planning Commission.

   A mixed use planned development in the Mixed Use Overlay District approved as a conditional use shall comply with the following development standards:

      (1)   When the wall of a building abuts an existing or proposed public right-of- way, the minimum setback for such wall shall be either fifty feet from the right-of-way line or the minimum building setback distance as shown on the Zoning Map, whichever is greater.

      (2)   When the wall of a building abuts any Mixed Use Overlay District project boundary line, the minimum setback for such wall shall be calculated in accordance with the existing setback standards found in Chapter 1164 of this Planning and Zoning Code.

      (3)   When the wall of a building abuts a private street or driveway, the minimum setback for such wall other than a front wall shall be twenty feet from the edge of the pavement. The setback for a front wall of a building that abuts a private street or driveway shall be twenty-five feet.

         A.   Forty feet from attached single family dwellings; and

         B.   Sixty feet from all other buildings.

      (1)   All off-street parking areas shall be set back from an existing or proposed public right-of-way a distance of not less than forty feet.

      (2)   All off-street parking areas and roadways shall be set back from all other boundaries of the Mixed Use Overlay District not less than twenty feet.

      (3)   No off-street parking areas or roadways shall be permitted in the natural area corridor.

      (1)   All residential and nonresidential development within a Mixed Use Overlay District shall submit for approval a proposed detailed exterior lighting plan that sets forth any exterior lighting for traffic circulation areas, utility areas, open space, recreational areas and within private spaces in the interior of the development. The exterior lighting plan must provide for the functional security needs of the proposed land uses without adversely affecting adjacent properties of the community.

      (2)   Exterior lighting shall be installed only in accordance with an approved plan and shall be designed in such a manner so as to avoid lighting nuisances.

      (3)   With the exception of lighting for public streets, all other exterior lighting used to illuminate buildings, parking lots, walkways, or the landscape, shall be evaluated during the site plan review process. The “Area/Activity For Exterior Lighting” chart on the following page gives the lighting criteria to be met for outdoor facilities used at night.

      (4)   The amount of nuisance glare (light trespass) projected onto a residential use from another property shall not exceed 0.1 vertical footcandle at the property line.

      (5)   All exterior lighting, including public street lighting as applicable, shall meet the following standards:

         A.   No flickering or flashing lights shall be permitted, except for temporary holiday decorations.

         B.   Background spaces like parking lots shall be illuminated as unobtrusively as possible to meet the functional needs of safe circulation and protection of people and property. Foreground spaces, such as building entrances and outside eating areas, shall utilize local lighting that defines the space without glare.

         C.   The style of light standards and fixtures shall be consistent with the style and character of architecture proposed on the site.

         D.   All outdoor light not necessary for security purposes shall be either reduced, activated by motion sensors devices, or turned off during non-operating hours.

         E.   Light fixtures used to illuminate flags, statues, or any other objects mounted on a pole, pedestal or platform shall use a narrow cone beam or light that will not extend beyond the illuminated object.

         F.   For upward-directed architectural, landscape and decorative lighting, direct light emissions shall not be visible above the building line roof.

         G.   Light fixtures shall be mounted on concrete or painted metal poles no higher than 20 feet.

      (Ord. 2007-59. Passed 12-1-08.)