Given the special characteristics related to a Mixed Use District, specific provisions governing the development of land for this purpose are required. Whenever there is a conflict or difference between the provisions of this Chapter and those of other Chapters of this Zoning Code, the provisions set forth in this Chapter shall govern. Any existing provisions that are not covered by this Chapter shall be governed by the respective provisions and requirements found elsewhere in this Zoning Code, unless modified by the General Development Concept as provided for below.
As provided for in this Chapter, an applicant for a project within a Mixed Use District shall submit to the City a General Development Concept for review and approval. Such General Development Concept shall comply with all applicable provisions of this Chapter and the Zoning Code. The submittal of an application for the review of a General Development Concept shall include the maps, building elevation drawings, site and landscape plans, list of uses within the development, signage plan for the development, indication of traffic circulation, and designs and supplementary documents required by the City of Huron.
When an applicant intends to use the zoning regulations set forth in the Mixed Use District chapter, applications shall be reviewed and acted upon as follows:
(a) A General Development Concept shall be submitted to the Zoning Inspector and be subject to review by appropriate agencies prior to being submitted to the Planning Commission. Upon completion of the initial staff review, the General Development Concept will be forwarded to the Planning Commission for review.
(b) The Planning Commission shall review a General Development Concept to determine if such application complies with the review criteria set forth in this Chapter and other applicable chapters or sections of this Zoning Code. The Planning Commission shall, when formulating its decisions, determine that: (1) the General Development Concept is consistent with the Master Plan, (2) the development will result in a harmonious grouping of buildings within the proposed development and the development will relate appropriately to existing and proposed uses on adjacent property and existing public streets; and (3), that the development includes adequate infrastructure for traffic, access, and utility services.
(c) The Planning Commission may modify any applicable provisions and requirements contained in this Zoning Code when approving a General Development Concept, including the regulations in this Chapter, if it is shown by the applicant that:
(1) There will be preservation of distinctive physical characteristics of the site;
(2) Additional amenities or public spaces or increased efficiency in public services will be provided; and,
(3) Through imaginative and skillful design in the arrangement of buildings, open space, streets, access drives and other features, the application results in a development of equivalent or higher quality than that which could be achieved through strict application of the applicable provisions and requirements of the zoning code; provided that the development, as proposed, shall have no adverse impact upon the public health, safety or general welfare of the City.
(d) Upon review of the General Development Concept, the Planning Commission may approve, approve with modifications, or deny the application. If the Planning Commission approves the General Development Concept, the Planning Commission must forward any necessary development agreements or zoning amendments necessary for execution of the General Development Concept to City Council for approval. All development agreements shall be reviewed by the City's Law Department prior to execution.
(e) Upon receiving a recommendation from the Planning Commission for approval of any zoning amendments or development agreements necessary for the proper execution of a General Development Concept, the City Council will review the General Development Concept. Any zoning amendments shall be done in accordance with procedures spelled out within section 1139.03 of the Zoning Code. Any development agreements shall be authorized in the manner of a Resolution.
(f) Failure on the part of the Developer to conform to said plans included within the General Development Concept, and/or applicable Municipal requirements and/or the terms and conditions of the City's approval may be grounds for action by the City. (Ord. 2015-7. Passed 8-25-15.)