This U-9 Mixed Use District is established with the intent of applying to property as an overlay to encourage higher intensity mixed use development as an option to the underlying zoning that currently exists on the property. Therefore, the property owner may alternatively utilize the underlying zoning even after the U-9 Mixed Use District has been applied to the property. The district and its regulations have been established for the following purposes:

   (a)   To provide an opportunity for higher intensity (floor area/acre) development that has a vibrant mix of complementary nonresidential (offices, retail, and civic) and residential uses consistent with policies in the Comprehensive Plan.

   (b)   To permit and encourage a mix of uses that are functionally competitive in today's housing and retail markets.

   (c)   To create a unique environment in the City.

   (d)   To provide increased opportunities for economic development while strengthening the diversity of uses found in the community.

   (e)   To potentially reduce vehicle trips by providing multiple uses in one location.

   (f)   To expand available housing options within the City.

(Ord. 2009-24. Passed 11-23-09.)

   The following uses are permitted subject to all applicable requirements contained in this chapter and other relevant sections of this Zoning Code.

      (1)   Residential;

      (2)   Retail stores or shops for custom work or the making of articles to be sold only at retail on the premises;

      (3)   Administrative and professional offices;

      (4)   Medical offices;

      (5)   Hotels and motels;

      (6)   Personal services including repairs;

      (7)   Banks;

      (8)   Restaurants;

      (9)   Drive-through facilities;

      (10)   Parks;

      (11)   Entertainment and recreation such as theaters, indoor recreation;

      (12)   Community services and facilities such as libraries, assembly halls; and

      (13)   Congregate living facilities which are residential facilities that provide for the needs of individuals who are elderly or handicapped. The facility shall consist of residential dwelling units or rooms designed specifically for the elderly or handicapped, and which have common social, recreational, dining and/or food preparation facilities. The facility may be for independent living and/or may provide the residents with a range of personal and medical assistance including nursing care.

      (1)   Off-street parking including garages/decks;

      (2)   Outdoor dining, sales and display areas; and

      (3)   Signs.

(Ord. 2009-24. Passed 11-23-09.)

      (1)   The minimum project area shall not be less than seven acres. All land within the development shall be under common ownership and contiguous, or if in several ownerships, the application shall be filed jointly and signed by all owners of the properties included in the proposed Mixed Use District boundaries.

      (2)   The project area of a mixed use development may be expanded with less than seven acres when such additional development is integrated with the adjacent parcels/land uses within an existing Mixed Use District to create an expanded mixed use development as envisioned in this chapter.

 

      (1)   Efficiency - 500 square feet;

      (2)   One bedroom - 650 square feet;

      (3)   Two bedroom - 800 square feet; and

      (4)   Three bedroom - 950 square feet.

      Efficiency units shall not exceed 10% of the total number of dwelling units.

      (1)   A maximum of 50% of all parking spaces shall be surface lots.

      (2)   One bicycle parking space shall be provided for every 20 automobile parking spaces up to a maximum of 40 bicycle spaces. Each bicycle parking space shall be sufficient to accommodate a bicycle and be separated from auto parking and circulation areas.

      (3)   All walkways and parking facilities shall conform to the design requirements established by the Americans with Disabilities Act (ADA).

(Ord. 2009-24. Passed 11-23-09.)

   All portions of the site not devoted to buildings and pavement shall be landscaped. Landscaping shall be used: as a design element to enhance the visual appearance of the development from the street, to define spaces that are intended as plazas and other outdoor activities; and for screening and buffering to remove, reduce, lessen, or absorb the impact between one use or zone and another.

      (1)   A dense vegetative planting incorporating trees and/or shrubs of a variety which shall be equally effective in winter and summer.

      (2)   A solid non-living opaque structure such as a masonry wall, or a solid fence constructed of materials approved by the Planning Commission.

      (3)   A landscaped mound or berm with a minimum height of three feet and supplemental vegetation.

   The total height of screening shall be a minimum of six feet high measured from the natural grade. The required height of vegetation shall be achieved no later than two years after the initial installation.

(Ord. 2009-24. Passed 11-23-09.)

   All signs in the development shall comply with the regulations in Chapter 1191 and conform to the following criteria:

   (a)   Contribute to an overall cohesive design, reflect simplicity, and avoid visual clutter.

   (b)   Complement the building, adjacent buildings in the development, and the site by being designed and placed to enhance the architecture.

   (c)   Employ the use of compatible materials and colors of the sign, sign background, and sign frame with the character of the development.

(Ord. 2009-24. Passed 11-23-09.)

   The following development and design guidelines are established when reviewing a development plan pursuant to Section 1180.07 to ensure that all development complies with the purposes of this chapter, as set forth in Section 1180.01.

      (1)   The intensity (floor area/acre) of development, the proposed uses, and the use of amenities such as walkways, plazas, and outdoor patios provide an attractive environment that increases the desirability of walking among uses within the development.

      (2)   The proposed uses are compatible with one another and will not unduly impact the public health, safety, and general welfare.

      (3)   The proposal includes the appropriate diversity of uses that are integrated to dynamically develop on the site and create a multi-purpose destination for the residents, customers, and employees.

      (4)   Pedestrian circulation provides safe connections between the principal uses in the project area and to adjacent uses.

      (5)   The design of the buildings and landscaping including materials and color create a harmonious development and provide necessary transitions with the surrounding area.

      (1)   Each building or unit within the development should have its own distinct identity, yet should also be compatible with adjacent units or buildings in terms of color and materials.

      (2)   Building components, such as windows, doors, and parapets shall create a proportional and harmonious relationship with one another and surrounding buildings.

      (3)   Architectural style is not restricted, but the evaluation of the projects' appearance shall be based on the quality of the overall design of the proposed development and its relationship with the prevailing design characteristics of the surrounding area.

      (4)   Buildings shall have finish materials on all sides. Finish materials shall not include exposed concrete or cinder block or stucco (commonly known as "dryvit") unless it is utilized with bands of accent color, recessed or protruding belt courses, wide reveals or combinations thereof.

      (5)   A combination of materials, textures, colors, and finishes are preferred to create visual interest.

      (6)   Parking structures should be designed with a facade treatment that reasonably screens the parked vehicles, at each level of the parking structure, from the street.

      (1)   Entrances and exists to parking areas should be located so as to minimize conflicts with pedestrians, residential streets, and the flow of traffic on existing streets.

      (2)   Walkways shall be integrated with existing sidewalks and pedestrian routes and coordinated with the surrounding neighborhoods, where pedestrian routes occur. Such walkways shall be constructed of concrete, stone, or brick and enhanced with landscaping and lighting.

            1.   Approved as submitted;

            2.   Approved with specific modifications set forth by the Planning Commission; or

            3.   Disapproved.

         (1)    The adoption of the ordinance shall amend the zoning map to add the U-9 Mixed Use District to the subject property, and the Preliminary Development Plan and associated commitments shall become binding on the applicant.

         (2)   In the event City Council approves the Preliminary Development Plan with modifications, the applicant shall incorporate such modifications into the appropriate documents and file the revised Preliminary Development Plan with the Director of Buildings. No Final Development Plan application will be processed until a revised Preliminary Development Plan is submitted to the Director of Buildings and is consistent with the modifications made by City Council.

         A.   An approved Preliminary Development Plan shall remain valid for one year from the date of City Council approval. However, an extension of the time limit may be approved by Council if they find that such extension is not in conflict with the public interest. During that time, the applicant shall prepare and submit a Final Development Plan for review. In the event a Final Development Plan is not submitted within one year or within the period for which extension is granted, the applicant, or subsequent applicant shall reapply for a Preliminary Development Plan approval pursuant to the procedures in Section 1180.07(b)(1).

         B.   Prior to the expiration of an approved Preliminary Development Plan, the applicant may also submit modifications to the plan that shall be considered by the Planning Commission and City Council, according to the procedures in Section 1180.07(b)(1).

         C.   When considering either modifications to an approved development plan or a new Preliminary Development Plan, the Planning Commission and City Council shall only approve such modifications or new plan when they determine that the proposed change satisfies the purposes and intent of this chapter in a manner that is deemed to be equal to or superior to the originally approved plan.

         A.   Approved as submitted;

         B.   Approved with modification(s); or

         C.   Disapproved when the application does not demonstrate that the required standards have been met.

      The applicant may revise the Final Development Plan to respond to the Planning Commission's concerns and resubmit the plan within three months from the disapproval. If the revised Final Development Plan is not resubmitted within three months, a resubmission shall be considered a new application for review and shall contain all the information required for a Final Development Plan, including payment of the application fee.

(Ord. 2009-24. Passed 11-23-09.)

      (1)   The name and address of the applicant;

      (2)   The name and address of the registered surveyor, engineer and/or planner assisting in the preparation of the plans;

      (3)   A legal description of the property;

      (4)   A description of the existing use;

      (5)   Location of existing buildings, public roads, private streets, parking and circulation;

      (6)   A Preliminary Development Plan showing:

         A.   Topography at two-foot intervals;

         B.   The location, arrangement of all proposed buildings, related parking, and setbacks;

         C.   The location of proposed streets, parking areas, rights-of-way, utility easements, common open space, recreation areas and landscaping;

         D.   Conceptual designs of the proposed buildings;

         E.   A proposed schedule for site development; and

         F.   Preliminary site landscaping and site amenities plan. Site amenities include walkways, plazas, street furniture and lighting.

      (7)   Such other relevant information as the Planning Commission may require.

      (1)   A survey of the proposed site, showing dimensions, property lines and existing features on the site;

      (2)   All the information required on the Preliminary Development Plan, intensity (floor area/acre) of development and breakdown of use areas;

      (3)   A schedule of development in each phase;

      (4)   Tabulation of floor area in the proposed development for various land uses, area allocated for open space, parking and other amenities;

      (5)   Engineering documentation as necessary that assures adequate: water, storm and sanitary sewer, drainage, electricity, telephone, and natural gas installations;

      (6)   Typical building plans for each type of structure proposed, including floor plans and exterior elevations;

      (7)   Plans and/or cross-sections depicting how the buffering and screening requirements of this chapter will be satisfied;

      (8)   A detailed landscape plan that identifies the location, type, and quantity of various plant species and other landscape elements;

      (9)   Sign plan identifying the location and size of signs related to overall development, materials and colors to be used for the frames and background, and a general scheme of guidelines for the individual signs within development; and

      (10)   Deed restrictions, protective covenants and other legal instruments to be used to control the use, development and maintenance of the land and improvements, including those areas to be owned in common and so maintained, such as land, walls, and driveways.

(Ord. 2009-24. Passed 11-23-09.)

   In the event of a conflict between the provisions in this chapter and other provisions in these Codified Ordinances, the provisions and regulations in this chapter shall govern.

(Ord. 2009-24. Passed 11-23-09.)