A.

Purpose. The mixed use zoning districts are designed to provide an integration of residential with commercial activities such as retail and service uses, offices, public/semipublic features, recreational use and entertainment establishments. The purpose of these districts is to create an area with diverse housing options and lifestyle amenities that are incorporated with social, entertainment, and employment opportunities that creates economic and social vitality and provides flexibility in the design of new developments.

B.

Intent. It is intended for the mixed use zoning districts to permit a wider variety of residential uses but a more specific range of commercial uses focused on meeting the daily needs of the residents while being compatible with and integrated into the residential neighborhoods. It is also the intent of these districts to create the live-work-play environment designed to promote a pedestrian scaled walkable development. All land uses shall comply with the land use matrix in Table 106-1c in Article I of this chapter.

C.

General standards.

1.

All development, regardless of the land use mix, shall comply with Chapter 107 of this ordinance and adhere to the Planning and Engineering Design Standards (PEDS) as applicable.

2.

A mixed use project may integrate allowed land uses either vertically within the same building and/or horizontally as separate but adjacent uses within the same development parcel. Horizontally integrated mixed uses shall be both physically and visually connected for pedestrian and vehicular uses.

3.

Mixed use buildings that contain residential uses may be asked to demonstrate, through a report from a qualified acoustical and/or environmental engineer, either that there are no negative impacts in residential livability or that the impacts can be mitigated through appropriate design.

4.

Vertically integrated mixed use buildings contain a residential component of some type above or adjacent to a variety of permitted commercial uses.

5.

Horizontally integrated mixed use developments may have residential and commercial components in separate building that are designed to have:

a.

A unifying architectural character (style, form, and material);

b.

An integrated circulation system and parking concept;

c.

An integration of different land uses and may include the use of vertically integrated mixed use buildings;

d.

Designed as a pedestrian-oriented development.

6.

A mixed use development may achieve an increased net residential density, up to twenty-five (25) percent, when designated as a "receiving site" through the transfer of development rights (TDR) regulations (refer to Chapter 104 of this ordinance for details on TDR).

7.

A mix of residential and commercial occupancy shall be constructed in each stage of phased developments so that no single type of land use is exclusively developed at any time.

8.

Within the mixed use zoning districts there shall be no restriction on combining different allowed non-residential uses within the same building other than those imposed by building code (refer to Chapter 105 of this ordinance) and Arizona Revised Statutes.

9.

All projects shall provide one hundred fifty (150) square feet of on-site usable open space per dwelling unit; unless otherwise indicated in the following MU development standards tables. Onsite open space shall include amenities and safety features that enable residents to use the open space. Acceptable types of open space are listed below and the design of such areas is further detailed in the PEDS (see Volume 1, Chapter 3).

a.

Common open space (excluding setbacks) with a minimum dimension of fifteen (15) feet in any direction that is accessible via sidewalks and local paths to all dwelling units. The space shall to be oriented to maximize the afternoon shade, unless site conditions such as topography warrant waiving this requirement by the community development director or designee.

b.

Individual balconies or patios (excluding front stoops) may be used for up to twenty-five (25) percent of the required open space. To qualify as open space, balconies or patios must be at least forty (40) square feet with no dimension less than five (5) feet.

c.

Rooftop decks and terraces may be used to meet up to fifty (50) percent of the required open space.

d.

On-site indoor fitness, entertainment, and/or recreation areas may be used to meet up to twenty-five (25) percent of the required open space.

e.

Environmentally sensitive areas may count toward open space requirements if integrated into the site design to be visible and usable by residents with passive features such as trails and benches. Sensitive or critical areas meeting these requirements may count for up to fifty (50) percent of the required open space.

D.

Process. A type 3 review is required to establish any of the mixed usezoning districts. All development within a mixed usezoning district shall require a type 1 site plan review prior to the submittal for a building and/or grading permit. Some proposed uses may require a conditional use permit (see Table 106-1c in Article 1 herein for requirements).

(Ord. No. 2022-10, § 1(Exh. A), 4-19-22; Ord. No. 2024-03, § 1(Exh. A), 3-5-24)

A.

Purpose. The mixed use medium density (MU-1) zoning district provides for the development of a vibrant suburban neighborhood setting through the integration of diverse housing opportunities and a limited range of commercial uses as an amenity, service, or business employment option for the residents within the neighborhood. Generally, the commercial uses shall be in keeping with the character and scale of the surrounding neighborhood.

B.

Applicability and density.

1.

The MU-1 zoning district may be applicable for land that is within the neighborhood character area of the city General Plan; as a suburban development type.

2.

MU-1 developments will be limited to locations at intersections or in conjunction with a park, school, civic use, or public space and shall have building frontage along collector rights-of-way.

3.

The maximum allowed gross residential density of a MU-1 development is eight (8) dwelling units per acre with a minimum of four (4) dwellings units per lot of record.

C.

Diversity and scale. MU-1 developments shall provide a mixture of both residential and non-residential uses.

1.

Twenty-five (25) to seventy-five (75) percent of the total floor area within a MU-1 development shall be designed and constructed for residential occupancy.

2.

The ground floor of a vertically integrated mixed use structure shall be designed for commercial occupancy.

3.

Any individual building shall be limited to a maximum footprint of five thousand (5,000) square feet.

D.

Development standards. Table 106-5a identifies the development standards required for the MU-1 zoning district.

A.

Purpose. The mixed use high density (MU-2) zoning district provides for the development of a vibrant urban residential setting with a range of high density and multi-family housing options mixed with employment and entertainment establishments.

B.

Applicability and density.

1.

The MU-2 zoning district may be applicable for land that is:

a.

Within the neighborhood character area of the city General Plan; as an urban development type.

b.

Within the commerce and office character area of the city General Plan.

c.

Within the transit oriented development district sub-area of the city General Plan.

2.

MU-2 developments must have building frontage along a collector or arterial rights-of-way and be within one-quarter (¼) mile of a transit node or transit corridor.

3.

The minimum development parcel size to request MU-2 zoning is one (1) acre. The allowed overall gross residential density of a MU-2 development is between eight (8) and twenty (20) dwelling units per acre.

C.

Diversity and scale. MU-2 developments shall provide a mixture of both residential and non-residential uses.

1.

All MU-2 developments shall be designed and constructed to a residential occupancy of twenty-five (25) to seventy-five (75) percent of the total floor area within a development.

2.

The ground floor of all mixed use structures shall be designed for commercial occupancy; except residential structures in a horizontal mixed use plan.

3.

Non-residential land uses shall be limited to a maximum tenant space of fifteen thousand (15,000) square feet when developed as a horizontal mixed use plan.

4.

Any individual building shall be limited to a maximum footprint of thirty thousand (30,000) square feet.

D.

Development standards. Table 106-5b below identifies the development standards required for the MU-2 zoning district.

A.

Purpose. The mixed use resort (MU-3) zoning district provides for the development of resort areas into the natural environment and setting with ancillary recreational amenities as well as residential cluster development. This zoning district also allows limited commercial establishments that specifically cater to the needs of the tourist oriented trade and which are designed and located to be walkable from the resort area without interference to other daily functions of the surrounding community and other uses in the vicinity.

B.

Applicability and density.

1.

The MU-3 zoning district may be applicable for land that is:

a.

Within the scenic lands development sub area of the neighborhood character area, of the city General Plan; as a rural development type.

b.

Within the commerce and office character area of the city General Plan; as a mixed use residential development type.

2.

The minimum development parcel size to request MU-3 zoning is twenty (20) acres. The allowed overall gross residential density of a MU-3 development is between eight (8) and twenty (20) dwelling units per acre when the resort development includes an ancillary residential component.

C.

Review and process.

1.

Procedures.

a.

A resort master site plan (MSP) shall be submitted as part of the rezoning process pursuant to Chapter 102 of this ordinance. The resort MSP is the compilation of exhibits that demonstrate compliance with all requirements of this ordinance and shall identify the size and location of each allowed development parcel listed below.

(1)

Residential. A residential development parcel does not require space designed for commercial occupancy but is meant for a variety of housing.

(2)

Non-residential. A non-residential development parcel has no residential requirement associated with the land uses permitted in Table 106-1c.

(3)

Mixed use. A mixed use development parcel incorporates multi-family housing with space designed for commercial occupancy. The ground floor of all mixed use structures shall be designed for commercial occupancy; except residential structures in a horizontal mixed use site plan.

b.

Development parcels labeled as residential will be platted as per Chapter 108 of this ordinance and shall comply with the PEDS and other design standards in Chapter 107.

c.

A site plan review will still be required for any multiple-building apartment complex, mixed use, or non-residential development.

2.

Amendments. A council approved resort MSP may be amended administratively for the following circumstances:

a.

Up to a ten (10) percent transfer (increase or decrease) in the allowed quantity of dwelling units between development parcels with the resort MSP;

b.

Up to a ten (10) percent increase or decrease to the gross residential density of the resort MSP as compared to city council approval;

c.

Up to a ten (10) percent shift in the individual development parcel gross area or configuration, as compared to city council approval.

3.

Requests for an administrative amendment shall require the following:

a.

The master developer, or the specific applicant if the master developer is no longer involved in the project, shall provide the city with a "revised resort MSP" that reflects any and all administratively approved alterations to date.

b.

No further applications for plats, site plans, or building permits shall be submitted to the city until after the administrative amendment request has been determined; and if approved, a new "revised resort MSP" showing the latest approved amendment has been submitted back to the city.

4.

Administrative amendment to the resort MSP shall not be allowed if:

a.

Any amendment would require backbone infrastructure (water and wastewater) upsizing, or change the parameters for the master drainage design, or change the amount or intent of the open space component of the resort MSP as compared to the initial approval.

5.

Any alteration to the "resort MSP" that exceeds the limits set for administrative approval, as listed above, shall require city council action as a resort MSP amendment.

D.

Development standards.

1.

The resort MSP will comply with overall development standards shown in Table 106-5c related to the perimeter to the overall development.

2.

Each development parcel shall further comply with the development standards identified in Table 106-5d and Table 106-5e related to the internal development within the overall resort MSP.

3.

Each residential lot of record will be allowed a maximum of three (3) dwelling units, provided that said lot has a minimum lot area of three thousand five hundred (3,500) square feet per dwelling unit.

4.

The individual building footprint for a mixed use or non-residential land use shall be limited to a maximum of thirty thousand (30,000) square feet; excluding the main resort structure and ancillary restaurant.

5.

Within the thirty thousand (30,000) square feet building footprint limits, non-residential uses shall be further limited to fifteen thousand (15,000) square feet per tenant.

(Ord. No. 2024-03, § 1(Exh. A), 3-5-24)