(a) Purpose. This district is intended to provide for the development of business, office and commercial establishments, and varied residential living opportunities within a unified plan of development. An MX-PUD must include residential uses. Within the planned development, selected residential uses can be integrated with commercial, business and office establishments, or developed as a sub-area with residential neighborhood characteristics. This district provides for flexibility in locating uses, allows for utilization of the site more efficiently than standard zoning regulations, allows for advantageous use of natural features of the site, and allows for residential uses to be selectively integrated with or separated from business, commercial or office establishments.
(b) MX-PUD Permitted and Special Uses.
(1) The following listed uses are included as permitted and accessory uses in the MX-PUD Zoning District: hotels; motels; convention, conference and banquet facilities; and those uses included as permitted and accessory uses in the R4, B1 and B2 zoning districts. The following uses are not permitted in an MX-PUD District: drive-in theaters; veterinary clinics; veterinary hospitals; and veterinarians with kennels. One or more of these permitted and accessory uses may be excluded from the specific MX-PUD when the City Council determines that the specific permitted or accessory use is inappropriate for the specific MX-PUD development. Such exclusion(s) shall be based upon at least one of the following findings that the specific excluded use:
A. Cannot be serviced by adequate public utilities; or presents the potential for significant environmental damage and a satisfactory plan of mitigation has not been provided by the applicant; or is inconsistent with the overall character and other uses of the proposed PUD; or is inappropriate for the topography of the site; or is incompatible with surrounding legal land uses or other approved land uses; or is inconsistent with the city's land use plan or other approved plans of the city; or will create hazardous traffic conditions; or will impose an unmitigated burden on public services and facilities, such as fire and police protection; and
B. Will not promote the purpose and objectives of the planned unit development provisions of this code; and
C. Does not advance the general welfare of the community and the immediate vicinity and will adversely affect or impact adjoining or surrounding development without satisfactory mitigation measures.
(2) Upon approval by City Council in accordance with Section 1155.09(b) and the issuance of a special use permit, those uses included as special uses in the following listed zoning districts are allowed in a MX-PUD: R4, B1, and B2.
(c) Land Use Intensity. For MX-PUD developments, the maximum land use intensity and lot coverage by all buildings, and by buildings and all other impervious surfaces is as follows:
Maximum Coverage by All Buildings: 35%
Maximum Cover by All Buildings and Impervious Surfaces: 75%
(d) MX-PUD Residential Uses. Residential uses in MX-PUD Districts are intended to be developed as separate, residential sub-areas of the MX-PUD, with a primary residential character, or above business, commercial and office uses. Residential uses shall only be developed in MX-PUD Districts when the following conditions are satisfied.
(1) A residential use shall only be developed at grade level, or at grade level and higher, provided a non-residential use is not planned or developed within a horizontal distance of at least 100 feet from the residential use. The Planning Commission may recommend and the City Council may impose a distance greater than 100 feet.
(2) If a non-residential use is planned or developed within a horizontal distance of less than 100 feet from a residential use, residential uses shall be developed only at the second story or higher of buildings in which grade level use is a business, office or commercial MX-PUD District permitted, or accessory or approved conditional use.
(3) The overall gross residential density of a MX-PUD shall not exceed ten dwelling units per acre. The Planning Commission may recommend and the City Council may impose a maximum overall gross density of less than ten dwelling units per acre. In this section gross residential density shall be the measure of residential land use intensity, calculated by dividing the total number of dwelling units proposed for the site by the total acreage of the site.
(e) Building Height. The maximum height of any building in a MX-PUD District shall be 50 feet, except, at the discretion of the City Council, the maximum height may be increased when such increase is determined to improve site design and the overall aesthetic quality of the development, does not adversely affect surrounding neighborhoods and public facilities, does not obscure light and air sources to immediately surrounding structures, and satisfies applicable fire and safety regulations.
(f) Requirements for Screening, Accessory Parking, and Loading and Unloading Areas.
(1) All screening and buffering shall meet the requirements of Section 1187.13, accessory parking shall meet the requirements of Section 1187.08-12, and loading and unloading areas shall meet the requirements of Section 1187.03-07. Upon approval of the City Council, any of these requirements may be modified, provided that such modification will increase benefits to the community that are derived from the development, will improve site design, will not adversely affect surrounding neighborhoods and public facilities, and the purpose of such modification is not to circumvent the intent of the respective section.
(2) Any commercial development proposed to be located within 1,000 feet of any existing or proposed residential district or project shall present and implement plans for providing a barrier from noise generated by the activities of the commercial development. These activities include but are not limited to loading dock and delivery activities, truck movements, idling and parking, waste collection, compactor or shredding activities, roof mounted and ground mounted mechanical equipment, and parking lots and driveways. Methods which may be utilized include earthen mounding, solid masonry walls, permanent engineered sound barriers, or other methods or materials of equal affect as those listed above.
(g) Signs. See Chapter 1189 for size and location of permitted signs. In conjunction with and at the same time as submission of a specific site plan application, applicants may submit a proposed sign limitation and control package specifically fashioned for the PUD development.
(h) Landscaping and Screening. See Section 1187.05, the City Landscape Manual, also available at the Community Development Department.
(Ord. 1474-02. Passed 9-26-02.)