(a) The gross area of a tract of land proposed to be developed as a Mixed Use Overlay District shall be at least thirty acres. However, the Planning Commission may waive this standard when it determines that, because of unique circumstances, this minimum standard cannot be achieved, and the development of the property at a lesser standard will not have any material adverse impact on adjacent property or on the City, provided that in no case shall the area of the Mixed Use Overlay District be less than ten acres. Unique circumstances shall be limited to the following:
(1) The proposed Mixed Use Overlay District is adjacent to, and thus becomes, an extension of an existing or separately proposed Mixed Use Overlay District; or,
(2) Because of existing uses, natural features or ownership patterns there is little likelihood that contiguous land area can be acquired and consolidated to achieve the requisite thirty acres.
(b) To be eligible to be developed as a Mixed Use Overlay District, a tract of land may be owned, leased, or controlled by either a single person or business entity, or by a group of individuals or business entities, provided that an application must be filed by all of the owners, and the approved final development plan and related conditions, including the phasing of development, shall be binding on all owners.
(c) It is the City’s intent to coordinate development of each and all Mixed Use Overlay Districts. To that end, all owners of property within individual Mixed Use Overlay Districts are required to coordinate development. Each development plan for a Mixed Use Overlay District must show proposed development for the entire site, which if approved by the City will serve to bind the owner to follow it in areas including but not limited to proposed uses, development densities, traffic circulation, the location, size and design of buildings, roads, parking and loading facilities, signage, landscaping and other requirements of the City’s Planning and Zoning Code.
(Ord. 2007-59. Passed 12-1-08.)