[Amended 2-19-2019 by Ord. No. 1817; 3-19-2019 by Ord. No. 1831]
The MU Mixed Use District is intended to accommodate projects
that combine several compatible land uses into an integrated development.
The MU District may also be used to predesignate parts of the City
that are appropriate for a mixture of residential, civic, office,
commercial, transportation, or industrial uses. The district permits
mixing residential areas with workplaces and services. Development
in the MU District must accommodate diverse transportation systems,
including pedestrian and bicycle movement, and integrate them with
surrounding environments.
A.
Ordinance to define use types permitted. An ordinance establishing
an MU District shall define the use types permitted within its boundaries;
provided, however, that reference to a Mixed Use Development Agreement
is acceptable to meet this requirement so long as said ordinance provides
that the establishment of such MU District shall not be effective
until such time that the City Council approves a Mixed Use Development
Agreement.
B.
Use categories. Each MU District should contain use types within
at least two use categories. Use categories include residential, civic,
office, commercial, transportation, and industrial uses. No single
use category should account for more than 80% of the building area
or net developable land area of an MU District. Net developable land
area includes the land area of a development excluding dedicated public
streets, private streets, or other dedicated public land.
A.
Ordinance to define site development regulators. An ordinance establishing
an MU District shall define the site development regulations applicable
within its boundaries; provided, however, that reference to a Mixed
Use Development Agreement is acceptable to meet this requirement so
long as the ordinance to establish the MU District restricts establishment
of the MU District until such time that the City Council approves
a corresponding Mixed Use Development Agreement.
A.
Application requirements. Applications for the adoption of a Mixed
Use Development Agreement shall contain at a minimum the following
information:
(1)
A detailed site map, including:
(a)
A boundary survey.
(b)
Site dimensions.
(c)
Contour lines at no greater than five-foot intervals.
(d)
Adjacent public rights-of-way, transportation routes, and pedestrian
or bicycle systems.
(e)
Description of adjacent land uses.
(f)
Utility service to the site and easements through the site.
(g)
Description of other site features, including drainage, soils,
or other considerations that may affect development.
(2)
A development plan, including:
(a)
A site layout, including the location of proposed buildings,
parking facilities, open space, and other facilities.
(b)
Location, capacity, and conceptual design of parking facilities.
(c)
Description of the use of individual buildings.
(d)
Schematic location and design of open space on the site, including
a landscaping plan.
(e)
Vehicular and pedestrian circulation plan, including relationship
to external transportation systems.
(f)
Grading plans.
(g)
Proposed sewer and utility improvements.
(h)
Location of all proposed signage.
(3)
Specific proposed site development regulations for the MU District,
including:
(a)
Site area for housing unit (square feet), if housing is proposed.
(b)
Minimum lot area.
(c)
Minimum lot width.
(d)
Front, interior side, street side, and rear yard setbacks.
(e)
Maximum height.
(f)
Maximum building and impervious coverage.
(g)
Maximum amount of total parking located in street yard.
(h)
Minimum depth of open space adjacent to street right-of-way
line.
(4)
Specific proposed design guidelines for the MU District, including:
(5)
The specific use types permitted for the MU District.
(6)
The base zoning district for the MU District.
(7)
A traffic impact analysis, if required by the city.
B.
File format for applications. Any application for: (i) a Mixed Use
Development Agreement or (ii) a major amendment to a Mixed Use Development
Agreement shall include an editable draft agreement (in Microsoft
Word format, unless otherwise approved by the Planning Director).
Attachments, such as maps and illustrations, may be provided as separate
files in any digitally reproducible format approved by the Planning
Director.
A.
Methods for approval. The methods for approval of the adoption an
MU District and the construction of individual projects within said
MU District shall include City Council approval of an ordinance to
establish an MU District in conjunction with one of the following
actions:
(1)
City Council approval of Mixed Use Development Agreement in
conjunction with City Council approval of an ordinance to establish
an MU District.
(2)
City Council approval of a Mixed Use Development Agreement at
a separate date that is later than City Council approval of an ordinance
to establish an MU District.
B.
Review by Planning Commission and City Council required. The Planning
Commission and City Council shall review and evaluate each application
for the adoption of: (i) an ordinance establishing an MU Mixed Use
District, (ii) a Mixed Use Development Agreement, or (iii) a major
amendment to a Mixed Use Development Agreement. The City may impose
reasonable conditions as deemed necessary to ensure that projects
within an MU District are compatible with adjacent land uses, will
not overburden public services and facilities and will not be detrimental
to public health, safety, and welfare of the community.
C.
Public hearing at Planning Commission. The Planning Commission, after
proper notice, shall hold a public hearing and act upon each application
for the adoption of:
(1)
An ordinance establishing an MU Mixed Use District, (ii) a Mixed
Use Development Agreement, or (iii) a major amendment to a Mixed Use
Development Agreement.
D.
Planning Commission. The Planning Commission may recommend amendments
for each application for the adoption of: (i) an ordinance establishing
an MU Mixed Use District, (ii) a Mixed Use Development Agreement,
or (iii) a major amendment to a Mixed Use Development Agreement.
E.
Recommendation of Planning Commission. The recommendation of the
Planning Commission, after the requisite public hearing, shall be
transmitted to the City Council for final action.
F.
Public hearing at City Council. The City Council, after proper notice,
shall hold a public hearing and act upon: (i) any ordinance establishing
an MU Mixed Use District, (ii) any resolution to adopt a Mixed Use
Development Agreement, or (iii) any resolution for a major amendment
to a Mixed Use Development Agreement. Proper notice shall mean the
same notice established for any other zoning amendment.
G.
Adoption method for Mixed Use Development Agreements. The adoption
of a Mixed Use Development Agreement shall be by resolution.
H.
Approval by majority of City Council. A favorable simple majority
of those elected or appointed to City Council shall be required for
approval of: (i) any ordinance establishing an MU Mixed Use District,
(ii) any resolution to adopt a Mixed Use Development Agreement, or
(iii) any resolution for a major amendment to a Mixed Use Development
Agreement.
I.
Mixed Use Development Agreement required. Any approval by City Council
of an ordinance establishing an MU District shall be contingent upon
the approval by City Council of a corresponding Mixed Use Development
Agreement.
A.
Minor amendment. The Planning Director is authorized at his/her discretion
to approve minor amendments to an approved Mixed Use Development Agreement,
provided that:
(1)
A written request, amendment application, and fee are filed
with the Planning Director, along with information specifying the
exact nature of the proposed minor amendment.
(2)
The Planning Director determines that the minor amendment is
consistent with the provisions of this article.
(3)
The Planning Director determines that the minor amendment does
not alter the approved use types permitted within the MU District
or the site development regulations of the MU District.
(4)
The Planning Director determines that the minor amendment does
not materially alter any aspects of the development plan, including
traffic circulation, mixture of use types, and physical design.
B.
Major amendment. Any amendment to an approved Mixed Use Development Agreement not conforming to the provisions of § 205-126A shall constitute a major amendment that City Council is authorized to approve, provided that:
(1)
A written request, application amendment, and fee are filed
with the Planning Director along with information specifying the exact
nature of the major amendment.
(2)
The Planning Commission and City Council shall review and evaluate
each application for a major amendment to an approved Mixed Use Development
Agreement.
(3)
The Planning Commission, after proper notice, shall hold a public
hearing and act upon each application for the adoption of a major
amendment to an approved Mixed Use Development Agreement.
(4)
The Planning Commission may recommend amendments for each application
for the adoption of a major amendment to an approved Mixed Use Development
Agreement.
(5)
The recommendation of the Planning Commission, after the requisite
public hearing, shall be transmitted to the City Council for final
action.
(6)
The City Council, after proper notice, shall hold, a public
hearing and act upon any resolution to adopt a major amendment to
an approved Mixed Use Development Agreement.
(7)
The adoption of a major amendment to an approved Mixed Use Development
Agreement shall be by resolution.
(8)
A favorable simple majority of those elected or appointed to
City Council shall be required for approval of any resolution to adopt
a major amendment to an approved Mixed Use Development Agreement.
A.
Approval required before building permit. Prior to the issuance of
any building permits or other authorization, all projects in the MU
District shall receive approval by the City Council through the adoption
of a Mixed Use Development Agreement.
B.
Compliance required. The City shall not issue a building permit,
certificate of occupancy, or other permit for a building, structure,
or use within an MU District unless it is in compliance with the approved
Mixed Use Development Agreement, including any approved minor or major
amendments.
