In order to achieve the purpose and intent of this chapter, as part of the CC Zone approval process, the City shall consider the following provisions during reviews:
A. Selective Modifications Of Municipal Standards: The following standards may be modified if requested as part of the CC Zone approval process and if deemed appropriate by the Council upon advice of the Community Services Director, and other staff as applicable, after considering whether the resulting development would achieve greater consistency with the intent and purpose of this chapter than development that would occur without the modification:
1. Any provision in title 16 of this Code pertaining to streets and sidewalks.
2. Any provision pertaining to off-street parking and loading except that at least one of the required parking spaces per residential unit shall be located a reasonable walking distance, except as required to comply with the Americans With Disabilities Act.
3. Other provisions of this Code on a case-by-case basis.
B. Qualifying Locations And Area Requirements: The following location and area requirements apply in any CC Zone:
1. Qualifying Locations: A CC Zone may be proposed in any part of the City.
2. Minimum Zone Area: To ensure that CC zoned developments are able to achieve the purposes stated in this chapter, and to ensure that projects are large enough to support a private homeowners’ association, property management agency, or corporation responsible for maintenance of open space, all CC zoned developments shall have a minimum area of five (5) acres unless, after written request from the developer, written authorization is granted by the Community Services Director prior to developer making application based on finding that the proposed development will be able to satisfy the intent of this subsection and chapter. Any such authorization from the Community Services Director shall not be binding on the Land Use and Development Commission or the City Council.
C. Overall Net Residential Zone Density: In no case shall the net residential area (gross acreage less the area of nonresidential uses) be less than three (3) dwelling units per acre. There shall be no maximum density, provided that public services and utilities are adequate to serve the development or could be adequate through developer remedy.
D. Minimum Lot Area: There shall be no minimum lot area in any CC Zone, except as established with development approval. Parcels shall be of sufficient size to assure compliance with building setbacks, landscaping, access, parking, and walkability standards.
E. Surrounding Properties: Through use of design features including, but not limited to, increased peripheral setbacks, architectural treatments, and landscaped buffers, the developer shall demonstrate to the satisfaction of the Council, that sufficient measures have been incorporated into the development plan to assure that adjacent properties will not experience significant impacts as a result of the proposed development.
F. Pedestrian Realm: In order to achieve an overall walkable development, appropriate land uses, pedestrian connections, cross easements, common driveways, consistent site standards, etc., must be coordinated within the respective CC Zone, even though properties may be individually owned.
G. Land Use Area Designation: As part of the approval process as set forth in this chapter, the developer shall designate areas within the CC Zone in accordance with the land use area listed below and shall submit a list of permitted and conditionally permitted uses within each proposed land use area from section 18.08.040 of this title. Through the zoning process, uses conditionally permitted in the CC Zone under section 18.08.040 of this title may be designated as permitted within specific land use areas. The allowable and conditional uses for a CC Zone are established by the ordinance zoning the subject property as a CC Zone.
1. Residential: This land use area is designed for comparatively low to medium density development that emphasizes residential (single and multi-family) use, but also may include appropriately scaled office, commercial, public/semipublic and recreation/open space uses.
2. Village: This land use area is designed for medium to high density mixed use development that includes residential (single- and multifamily), office, commercial, public/semipublic, recreation/open space uses, and certain compatible light industrial uses without a predetermined emphasis on any single use.
3. Town: This land use area is designed for office, commercial and recreational uses, but also includes residential (single- and multi-family), public/semipublic, open space, and certain compatible light industrial uses.
4. Business and research park: This land use area is designed to accommodate (but not require) a mixture of all uses: residential (single- and multi-family), office, commercial, light industrial, recreational and public/semipublic uses. The principal land use in this category should be office, commercial and light industrial.
H. Relationship To Other Land Use Controls: Wherever there is a difference between provisions of this chapter and those of other chapters, the provisions of this chapter shall control. Unless otherwise authorized, subjects not governed by this chapter shall be governed by the respective provisions found elsewhere in this Code. (Ord. 778, 2018; amd. Ord. 845, 2022)