CHAPTER 1132
U-10 Planned Mixed-Use Development District
U-10 Planned Mixed-Use Development District
1132.01 Intent.
1132.02 Permitted uses.
1132.03 Area, yard and height regulations.
1132.04 Parking setbacks.
1132.05 Design and performance standards.
1132.06 Landscaping.
1132.07 Site development plans.
1132.08 Miscellaneous regulations.
CROSS REFERENCES
Districts established - see P. & Z. 1111.01
Classification of uses - see P. & Z. 1111.02
Building lines - see P. & Z. 1145.02
Nonconforming uses - see P. & Z. Ch. 1147
Submission of plans to Architectural Board of Review; fee
- see BLDG. 1329.08
1132.01 INTENT.
This chapter (Class U-10 District) is established, among other purposes, to create jobs, to create taxable land for the benefit of the City, the School District, the County and other taxing districts and to encourage the comprehensive design and integrated development of large tracts of land suitable for a variety of mutually supported commercial, industrial and retail uses.
The general purposes of this Planned Unit District (PUD) are served by the following basic principles:
(a) Comprehensive planning of large tracts of land promotes the creation of jobs, providing opportunities for the integration of various development projects and clearly identifiable growth centers in a region.
(b) Comprehensive planning and different types of uses can be successfully integrated and provide functional convenience and efficiency in the provision of public services and infrastructure.
(c) Comprehensive planning and integrated design with higher densities of development than are otherwise permitted in this Code can be accommodated in a PUD without loss of environmental or other quality. The general benefits of higher density include greater productivity of land, more efficient utilization of transportation and utilities, more convenient access between different developments, the potential for higher development returns that can be channeled towards provision of higher level pedestrian and open space amenities, and a concentration within a limited area of the critical mass of people necessary to support varied uses.
(d) Comprehensive planning and integrated design of large tract of land allow for better detailed definition and administration of architectural and landscape design controls.
The advantages of comprehensively planned and designed mixed-use development cannot be achieved by the standard application of existing zoning laws for individual type uses. The Class U-10 District, therefore, is a combination zoning classification, providing for a variety of development types under special developmental standards that are only applicable to the uses in this District.
(Ord. 2018-94. Passed 10-21-19.)
1132.02 PERMITTED USES.
(a) Buildings and land in the Class U-10 District shall be used and buildings shall be designed, erected, altered or intended only for the uses specifically designated as Class U-10 uses in this section or in Section 1111.02, except that other uses determined to be similar, harmonious and compatible may be authorized by the with the concurrence of Council. The Commission and Council may attach such conditions, stipulations or requirements to the approval of such similar uses as deemed necessary to insure their compatibility, to control potential impacts, and to otherwise carry out the intent of this Code. (Ord. 2002-31. Passed 4-15-02.)
(b) Permitted uses in this District shall include the following uses with the standards set forth in this Chapter or incorporated by reference:
(1) Class P-1 (U 4A Retail). Not more than the greater of eleven (11) acres of land or 120,000 square feet of gross leasable area shall be permitted in the PUD, excluding accessory space in office buildings.
(2) Class P-2 (U-7A Office Building).
(3) Class P-3 (U-8A "Flex"
Space). Not more than twenty percent (20%) of the PUD District shall be Class U-8A. A U-8A use shall be occupied by not less than ten percent of office use for each building.
(4) Class P-4 (U-9) Hotel (not less than four (4)
(hotel, gas station stories and forty feet (40') in
or restaurant). height)
(5) Class P-5. Municipal and public utility service uses.
(6) Class P-6. Park land. Prior to designation of use P-1 through P-5 District by the owner and approved by the Commission, per Section 1132.08, all land shall be designated as park land.
(c) The following accessory uses shall be permitted provided they are incidental and subordinate to a principal permitted use and that they are planned and developed in conjunction with a main building:
(3) Wireless telecommunications facilities subject to the following provisions:
A. Wireless telecommunications facilities shall only be permitted as an accessory use provided such facilities are located on the roof of the building containing the principal permitted use. Antennas may be mounted on the walls of a penthouse, except where the exterior wall of the penthouse is flush with the exterior wall of the building. Antennas, other than dipole or omni-directional antennas, which are mounted on a penthouse, shall not extend above the penthouse and shall be screened with panels or other screening devices designed to match the appearance of the penthouse wall and reduce visibility.
B. Wireless telecommunications antennas, including dipole antennas over two inches (2") in diameter, and support structures mounted directly on the roof shall not extend higher than twenty feet (20') above the roof and shall be set back from the parapet or roof edge a minimum of one foot (1') for each one foot (1') in elevation above the top of the parapet. Dipole antennas which are two inches (2") or less in diameter may be attached to the rear (inside) of the parapet wall provided such antennas do not extend more than three feet (3') above the top of said parapet wall. All such antennas shall be colored to minimize visibility.
C. Roof mounted wireless telecommunications facilities shall be designed to withstand wind loads of ninety (90) miles per hour.
D. Where wireless telecommunications facilities are proposed to be located on a building where such facilities already exist, the applicant shall provide assurances that the proposed facilities will not interfere with the receipt or transmission of signals by the existing facilities.
E. Equipment cabinets, switching equipment, cables, and other devices associated with wireless telecommunications facilities which are located on roofs shall be screened from view from the public right-of-way.
F. A building permit shall be required for the installation of each wireless communications facility. The building permit fee for wireless communications facilities shall be as set forth in Section 1329.03.
G. The Building Commissioner may, where it is determined that proposed wireless telecommunications facilities comply with all of the criteria set forth herein, issue a permit for the installation of such facilities without referral to the Commission, otherwise applications for wireless telecommunications facilities shall be referred to the Commission for consideration.
(5) Other accessory uses as specifically authorized by the Commission provided such accessory uses are planned and developed integrally with the main building and that the total floor area of all accessory uses does not exceed twenty percent (20%) of the gross floor area of the main building.
(Ord. 2018-94. Passed 10-21-19.)
1132.03 AREA, YARD AND HEIGHT REGULATIONS.
(a) Ground Area. The minimum lot size shall be three acres, except for a restaurant or gasoline station which shall be one acre.
(b) Schedule.
(1) Ground coverage of buildings.
Class P-1 (U 4A) | 25 percent |
Class P-2 (U-7A) | 20 percent |
Class P-3 (U-8A) | 30 percent (2-story, not to exceed 30 feet) |
Class P-3 (U-8A) | 40 percent (1 story) |
Class P-4 (U-9) | 25 percent (free standing restaurant, gasoline station or hotel) |
(2) Parking garage. From five feet (5') to ten feet (10') above ground shall be counted as five percent (5%) ground coverage. Less than five feet (5') above ground shall not be counted. Above ten feet (10'), the ground area of the structure shall not be calculated as building coverage, provided that an area equal to the ground area of the parking structure is maintained as landscaping in addition to other required landscaping.
(c) Setbacks. All buildings shall be set back from a public street or highway as follows:
Street | Building Setback From Right-of-Way Line |
Harvard Avenue | 75 feet |
Richmond Road | 75 feet |
Green Road | 75 feet |
Other public streets | 1/2 the height of the building and a minimum of 50 feet |
(d) Side and Rear Yards. Side and rear yards shall be one half the height of the building and a minimum of five feet. Where adjoining a residential district, where a house exists, the yard shall be two hundred feet (200') from the R-10 building to the closest part of the residential lot. Where there is no house existing, such yard shall be a minimum of one hundred feet (100'). No parking or driveway shall be permitted in one-half of such yard adjoining a residential district. The Commission shall determine the landscaping, mounding, screening or fencing necessary to separate the Districts for the protection of the residential district.
(e) Front Yards. Buildings shall be set back from each public right-of-way a minimum distance of fifty feet (50') plus one foot (1') for each foot of building height in excess of fifty feet (50').
(f) Height of Buildings. Building height shall not exceed one hundred fifty feet (150') exclusive of towers, cornices or other features which may be approved by the Commission.
(Ord. 2018-94. Passed 10-21-19.)
1132.04 PARKING SETBACKS.
Parking setbacks shall be as follows:
Street | Parking Setback From Right-of-Way Line (ft.) |
Harvard Avenue | 35 |
Richmond Road | 35 |
Green Road | 35 |
Other public streets | 15 |
Abutting property | 10 |
(Ord. 2018-94. Passed 10-21-19.)
1132.05 DESIGN AND PERFORMANCE STANDARDS.
(a) Driveway curb cuts to a public street shall be located at least three hundred feet (300') apart and not less than two hundred feet (200') from a street intersection. The Commission shall approve curb cuts, wherever possible, to require two (2) or more lots to use a common curb cut. The Commission may require that an entrance and exitway into a street be in one direction only. Fire lanes shall be a minimum of eighteen feet (18') where required and approved by the Commission.
(b) All permitted uses shall be contained wholly within an enclosed building. All goods, raw materials, equipment and waste materials shall be used or stored within buildings. The Commission shall permit an accessory structure on the lot to contain waste material awaiting pick up. Such structure must be approved by the Commission, including design, materials and screening.
(c) All uses shall be regulated to comply with the following performance standards at the nearest street or property line:
(1) Noxious, toxic or corrosive fumes or gases shall not be emitted which would be injurious or detrimental to persons, property or vegetation or which would be discernible to the sense of smell.
(2) No deleterious, corrosive, toxic, explosive or other environmentally hazardous material or waste shall be discharged into any sanitary or storm sewer or natural watercourse, or into the air or ground.
(3) Electrical disturbances shall not be created that would adversely affect the operation of sound, radio, television or computer equipment in any way.
(4) Noise or vibrations which are incidental to the use in any building shall not interfere with the life, health, safety and welfare of persons or property.
(Ord. 2018-94. Passed 10-21-19.)
1132.06 LANDSCAPING.
(a) Not less than twenty percent (20%) of the total land area of a lot and all required yards on which no off-street parking is permitted shall be developed as lawn or landscaped areas or maintained in a naturally wooded state.
(b) Not less than ten feet (10') of area bordering buildings, except for entrance ways, shall be planted with ground cover, trees, shrubs, hedges or other landscaping to maintain a park-like effect. In a retail P-1 Use, the Commission may reduce this standard. Parking setbacks and other undeveloped areas of the park shall be graded and maintained as a lawn or wooded area in an orderly natural state and shall be included in the landscape plan.
(c) Landscaping, driveways and other permitted uses shall at all times be maintained in an orderly, neat, clean, sanitary and structurally sound condition, and all buildings, driveways or other structures shall be repaired in order to maintain substantially their original appearance and condition to prevent blight and unsightliness. Lawns and other landscaping shall be maintained in accordance with acceptable landscaping principles.
(d) Where a Class U-10 District or use is contiguous to or across the street from a residential zone or use, the Commission may require special landscaping, buffering, mounding or fences as the Commission finds necessary for appropriate separation, screening, and protection.
(Ord. 2018-94. Passed 10-21-19.)
1132.07 SITE DEVELOPMENT PLANS.
A preliminary and final Site Development Plan shall be prepared for all types of proposals of developments in a Class U-10 District. Such plan shall designate which uses are requested and shall be submitted to the Commission for its approval in accordance with the provisions of Chapter 1108. (Ord. 2018-94. Passed 10-21-19.)
1132.08 MISCELLANEOUS REGULATIONS.
(a) A building shall not be closer than one-half (.5) the height of the taller building adjoining it in any direction. Where the Commission permits, buildings may have common walls under separate ownership. There shall be a minimum distance of twenty feet (20') between buildings when developed as a complex, with the approval of the Commission.
(b) Office buildings are permitted to have a restaurant or lunchroom as part of the retail space. Each office building may have not more than twenty percent (20%) of the gross leasable space used for retail, food service or other permitted accessory uses.
(c) Not more than two (2) gasoline stations shall be permitted in a PUD District. They shall be developed architecturally compatible with other buildings. Body work and major engine repair shall not be permitted. No outdoor storage of vehicles shall be permitted unless actually being serviced, and in no event shall such outdoor storage be longer than five (5) days.
(d) Day care centers for children are permitted.
(Ord. 2018-94. Passed 10-21-19.)