The "MXD" Mixed Use District is established in order to guide and encourage the development of a mixture of residential, office, and commercial land uses along the Park Boulevard corridor and periphery, characterized by a variety of housing types, office and commercial development, including vertical mixed-use and the integrated mixing of uses horizontally within single developments. The "MXD" District implements the adopted Community Redevelopment Plan, which encourages mixed-use development at moderate intensity in order that the various uses compliment and support one another, share parking infrastructure, reduce traffic congestion through internal trip capture, and as a whole, become a center of pedestrian activity that beckons additional private investment in the corridor, and further supports the Town Center. This Section is further intended: to attract a diversity of uses with an emphasis on street activities such as outdoor cafes and evening activities such as entertainment and civic functions; to encourage development of public open space which in turn encourages a pedestrian environment, thereby enhancing the overall character of the Downtown Community Redevelopment Area; and to encourage use of the local and regional bus system as an alternative to private passenger vehicles.

Allowable uses are based upon the Community Redevelopment Plan. The intent of this District is to encourage the development of mixed uses in one (1) unified project. Areas of the City for which this zoning district is appropriate are designated on the Land Use Plan Map as Community Redevelopment District (CRD).

Light repair, assembly and manufacturing activity on a scale associated with artisans and crafters is permitted in combination with retail and/or residential uses provided that the area devoted to these activities shall not occur in the front one-fourth of the structure and the activities shall not result in impacts related to prohibitions outlined in Section 18-1524.5(E) of this Code. Furthermore, no outdoor storage shall be permitted with this activity.

(Ord. No. 3748, § 3, 10-28-2010; Ord. No. 4079, § 1(Att. A)79., 3-14-2019)

A maximum density of fifteen (15) dwelling units per net acre shall be permitted; however, a maximum of twenty-five (25) dwelling units per net acre is permissible through bonuses. The maximum intensity for nonresidential development is a FAR of forty-five hundredths (0.45); however, a maximum FAR of one (1.0) is permissible through bonuses. It is intended that development standards and performance standards bonuses control the permissible density or intensity, design and development criteria.

For calculating allowable density and intensity of development, the maximum allowable FAR shall be applied to the total net acreage to determine nonresidential development yield exclusive of allowable residential development potential. The Community Redevelopment Agency is not obligated to approve site plans based on total potential yield if the site plan is not compatible with abutting development. The following example illustrates this calculation:

Site = 1 acre = 43,560 square feet

.45 F.A.R. × 43,560 SF = 19,602 square feet of nonresidential development, plus 15 du/ac × 1 acre = 15 dwelling units

Thus a mixed use development on a one (1) net acre site may develop nineteen thousand six hundred two (19,602) square feet of retail, office or personal services or combinations of such along with fifteen (15) dwelling units on a one (1) net acre site (exclusive of bonus potential).

(Ord. No. 3748, § 3, 10-28-2010; Ord. No. 4079, § 1(Att. A)80., 3-14-2019)

No building or land in the "MXD" District shall be used, and no building shall be hereafter erected, structurally altered or enlarged, except for the permitted and conditional uses listed below. Uses listed as conditional uses may be permitted if their site locations and proposed site development plans are first approved, as provided in the procedure for approval of conditional uses under Section 18-1531, "Conditional Use Regulations", of this Article. Uses that are similar to any permitted or conditional use, as determined by the Planning and Development Services Director, shall be permitted in the same manner (i.e. permitted versus conditional) as the listed use to which it is similar, provided that any similar use specifically permitted in another zoning district shall not be permitted. Permitted (P) and conditional (C) uses shall be subject to the conditions established in the following Table 18-1521.3 and other applicable conditions of this district and Article.

Table 18-1521.3 Authorized Uses in MXD District

(Ord. No. 3748, § 3, 10-28-2010; Ord. No. 3928, § 17, 1-22-2015; Ord. No. 4042, § 4, 10-26-2017; Ord. No. 4079, § 1(Att. A)81., 3-14-2019; Ord. No. 4106, § 7, 3-12-2020; Ord. No. 4205, § 17, 7-27-2023; Ord. No. 4280, § 4, 1-9-2025)

The Recommended Zoning Changes and Development Standards Overlay Area Map distinguishes between more intense areas of development (Area "A") and those areas which should be more sensitive to adjacent Single-family Neighborhoods (Area "B"). The Area "A" and "B" designations on the Recommended Zoning Changes and Development Standards Overlay Area Map shall be used in conjunction with the development standards for these areas. These tools help implement the intent of the Community Redevelopment Plan.

(A)

The following are the by-right development standards. Additional intensity is possible through incentives, pursuant to Section 18-1521.6:

TABLE 18-1521-1 DEVELOPMENT STANDARDS.

Table Notations:

1.

Lots of record not meeting the lot area or width requirements of this Section and having been of record prior to May 27, 1993, may be used for a permitted or conditional use provided that all other dimensional regulations will apply.

2.

Parking is discouraged within front yard setbacks. See Section 18-1521.5 for the rear-yard parking incentive.

3.

For corner, double frontage and multiple frontage lots, see definition of "setback" (Section 18-1502.2. Definitions) Refer to Section 18-1503.8 for measurement of yard setbacks on lots adjacent to rights-of-way of insufficient width.

4.

Lots of record not meeting the lot area or width requirements of this Section and having been of record prior to May 27, 1993, may be used for a permitted or conditional use provided that all other dimensional regulations will apply.

(B)

MINIMUM LIVEABLE FLOOR AREA (PER DWELLING UNIT)

Single-Family Detached: One thousand (1,000) square feet.

(Ord. No. 3748, § 3, 10-28-2010; Ord. No. 4279, § 16, 11-26-2024)

The proposed development shall be in accordance with the Community Redevelopment Plan. Bonus provisions are also allowed to further the intent of the Community Redevelopment Plan. Listed below are the development standards for the two (2) distinct areas within the "MXD" Mixed Use District.

(A)

AREA "A."

1.

The front building facade with principal entrance shall be oriented to the street.

2.

Structured parking is discouraged from fronting Park Boulevard unless the ground level floor is developed with nonresidential uses such as retail, office or personal services.

3.

Vehicular access directly from Park Boulevard into individual lots shall be discouraged. Access from the side streets and adjacent lots is the preferred alternative.

(B)

AREA "B."

1.

Development fronting roadways in this area is restricted to office and/or residential uses. Unless under single ownership and developed in conjunction with retail with frontage in Area "A", retail development shall be prohibited in Area "B." No vehicular access to retail development shall be permitted from 76th and 72nd Avenues.

2.

Developments are encouraged to provide as many pedestrian accesses to the street as possible. Walled or fenced self-contained multi-family residential projects shall be discouraged. The residential units should be compatible with the general character, density, and scale of the adjacent single-family residential areas.

(C)

LANDSCAPING AND BUFFERING. See Section 18-1533, "Landscaping Regulations."

(D)

OFF-STREET PARKING AND L0ADING. See Section 18-1532, "Parking and Loading Regulations."

(Ord. No. 3748, § 3, 10-28-2010)

Performance standards allow for greater flexibility and encourages innovative design. To encourage the aggregation of lots, an appropriate scale and quality of residential development, quality architecture and site design, compatibility with adjacent uses, adequate open space, and the achievement of other Comprehensive Plan and Community Redevelopment Plan objectives and policies, density/FAR may be increased during site plan review up to the maximums specified, in accordance with the Table of Performance Standards Bonuses and the criteria enumerated therein during the site plan review and approval process. Performance Standard Bonuses are limited to ten (10) dwelling units per net acre and/or fifty five hundredths (0.55) floor area ratio.

TABLE 18-1521-2 PERFORMANCE STANDARDS BONUSES.

Table Notations

(1)

Fractional bonus dwelling units shall be rounded up to a complete dwelling unit from 0.75 of a unit and higher.

(2)

Payment in Lieu of Improvements—Only at the option of the Community Redevelopment Agency the applicant may be asked to deposit a cash payment with the Community Redevelopment Agency in lieu of making certain performance bonus improvements. The payment shall be in an amount equal to the cost of the specific improvements and shall be placed in the Redevelopment Trust Fund. Nothing in this provision is to allow for the purchase of bonus provisions by the applicant.

(Ord. No. 3748, § 3, 10-28-2010)