19.04.13 Mixed Residential Zone

1. Purpose and Intent. The purpose of the Mixed Residential (MR) Zone is to allow for the establishment of residential neighborhoods displaying a mix of housing types and open space types that allow for lifestyle choices and opportunities for as wide a range of demographics and socio-economics as possible. Developments in the MR Zone shall be designed to integrate a blended community of households made possible through the allowable housing mix which generates more complete and authentic neighborhoods. 2. Neighborhood Plan Required. A Neighborhood Plan will be required to guide future development in the MR zone. The submission requirements for a Neighborhood Plan are outlined in 19.04.13.7. Neighborhood Plans include the identification and placement of lot types, open space types, and all infrastructure, utilities, grading and other aspects detailing future construction. a. Neighborhood Plans typically include new streets, ensuring the resulting blocks and the urban fabric are walkable and bikeable. Bus and rail alignments should be located outside of neighborhood blocks. b. Neighborhood Plans identify the overall theme of a community. All elements of the development shall follow a unified theme. 3. Development Agreement Required. A Development Agreement shall be required for all Neighborhood Plans and shall meet the provisions of 19.13.07. 4. Density. a. This land use zone recognizes that in order for the City to be a well-rounded community, many different housing styles, types and sizes should be permitted. Residential densities within a project utilizing this zone shall not exceed an overall blended density of 8 units per acre. b. The City Council has the discretion to increase the overall blended density to up to 12 units per acre. In considering an increase in overall blended density, the City Council shall consider: i. An increase of up to 2 units if the project proposes additional community open space in the neighborhood plan or proposes to donate open space to the City for a city-wide amenity supported by the City. ii. An increase of up to 2 units if the neighborhood plan contains opportunities for neighborhood commercial uses. iii. An increase of up to 2 units if the property is adjacent to a future or existing transit stop or corridor and opportunities are provided in the neighborhood plan for commercial uses that support transit consistent with 19.04.13.8. c. Mixed Residential projects should be context sensitive. Proposed uses adjacent to existing development should be compatible in terms of density, and provide an appropriate transition to higher intensity areas as required in section 19.17.04. Areas in close proximity to transit (1/4-mile radius) should be designed to support ridership with very high density (25–40 units per acre) encouraged adjacent to existing and future transit stops, while still maintaining an overall density of up to 12 units per acre. d. A Mixed Residential project (or neighborhood) size shall be 50 acres at a minimum. 5. Process. The process for the review and approval of Neighborhood Plans in the MR Zone will follow this process unless otherwise specified in this section: a. The Planning Commission shall conduct a public hearing on a Neighborhood Plan and shall make a recommendation to the City Council. b. The City Council is the Land Use Authority for Neighborhood Plans. c. Preliminary Plats, Final Plats, and site plans may be approved by Staff if the lotting plan and/or site plan conforms with the lotting plan in the Neighborhood Plan or, if it does not conform precisely, only a minor amendment is proposed. An amendment shall be considered minor if it falls within the list of minor amendments in Section 19.04.13.6.b. An amendment shall be considered major if it falls within the list of major amendments in Section 19.04.13.6.a., in which case it shall be approved by the City Council. 6. Amendments to approved Neighborhood Plans. Modifications to the Neighborhood Plan text or exhibits may occur in accordance with the following amendment process: a. Major Amendments: If an amendment is deemed major by the Planning Director, it will be processed in the same manner as the original Neighborhood Plan. Major amendments are modifications that change the intent of the Neighborhood Plan such as: i. those that significantly change the character or architecture of the Neighborhood Plan; ii. those that increase residential density and non-residential intensity; and iii. those that materially reduce the amount of land dedicated to parks, trails, public use space, natural areas, or public facilities as shown on the approved Neighborhood Plan. b. Minor Amendments. Minor amendments are accomplished administratively by the Planning Director. Minor amendments include simple modifications to text or exhibits such as: i. minor changes in the conceptual location of streets, public improvements, or infrastructure; ii. minor changes in the configuration or size of parcels; iii. transfers of density as described within the Neighborhood Plan; iv. minor modification of land use boundaries; and v. interpretations that facilitate or streamline the approval of unlisted uses that are similar in nature and impact to listed uses. 7. Submission Requirements. Neighborhood Plans shall be required to submit the following: a. Character and Theme Plan - identifying the organizational design framework showing a clearly recognizable neighborhood character and theme while also distinguishing the neighborhood from others and cohesively unifying the neighborhood through its distinctive design elements. Community character and theme elements may include the following: i. General Architecture – Identifying the proposed architectural styles and themes. ii. Architectural Façade Plan identifying the principle façade and secondary façade(s) for each buildable lot. iii. Open space, landscaping and recreational design concepts. iv. Community signage and place identification. v. Street Naming Plan. b. Transportation Network and Street Plan that shall include: i. adjacent streets; ii. modifications to existing streets, if any; iii. a key for the street network; iv. existing, new, and modified streets, rear lanes, and shared drives including: 1. centerline radius, and a 2. data table indicating ownership, 3. right-of-way width, 4. number of vehicular lanes, 5. street type; and 6. transportation provisions; v. any public existing or proposed public transit stops or ways, bicycle ways, and trails within and adjacent to the Neighborhood Plan area; and vi. local street network consisting of all new streets within the Neighborhood. c. Phasing Plan - including phase boundaries, acreages, and sequence for each phase. d. Existing conditions and features within and adjacent to the project area including roads, structures, drainages, wells, septic systems, buildings, and utilities. e. Open Space Plan - for each area assigned as open space (see Section 19.19) including: i. general type, use, and programming concepts of all open spaces; ii. conceptual landscape treatment, proposed activities; and iii. recreational amenities (public vs. private and active vs. passive). f. Landscape and Fencing Plans shall be provided per Section 19.06. g. Lotting Plan – including a conceptual plan for Lot Types and Parking to include: i. Layout and Description of all lot and unit types. ii. Building configurations including number of buildings per lot, lot dimensions, building height, and parking. iii. Setbacks for principal and accessory buildings. iv. Lot coverage. v. Lot frontage. h. Conceptual Utility Plan - schematic with existing and proposed utility alignments and sizes sufficient to show how property will be served including drainage, sewer, culinary and secondary water connections and any other existing or proposed utilities needed to service the proposed development or that will need to be removed or relocated as part of the project. 8. Development Standards. a. Lot Standards - The Lotting Plan shall contain a variety of housing types and shall address the following: i. Lot types, sizes, and configurations shall address neighborhood compatibility. Transitions should be proposed from uses and development standards on adjacent developments. ii. Density shall be greater along any planned transportation or transit corridor. iii. Lot types should be dispersed throughout the neighborhood and not be in segregated sections. iv. Lots for neighborhood support uses, including but not limited to, churches and schools shall be identified, if deemed necessary, and shall be adequate to serve the future population of the neighborhood. In a manner consistent with state and federal law, the applicant will coordinate with applicable organizations (such as the school board) to determine the future demand for such facilities. b. Transportation and Street Networks. - The street network plan must map streets and intersections as follows: i. All streets must connect to other streets with intersections, forming a network. ii. New streets must connect wherever possible to streets outside of the neighborhood. iii. The right-of-way (ROW) width of new streets is subject to approval by the City Engineer and subject to compliance with all current engineering and public safety standards. iv. New street types may be presented, but require review by the City Engineer and approval by the City Council as part of a specific Neighborhood Plan. v. Rear lanes and shared drives must comply with public safety standards. vi. Rear lanes must be accessed by a minimum of two points along the edge of the block and may be dedicated as private Right of Way or Access Easements for the benefitted users. vii. Shared drives are accessed by one point along the edge of the block and may be dedicated as private Right of Way or Access Easements for the benefitted users. c. Open Space. i. All open space shall comply with Section 19.19 Open Space. ii. Objectives of open spaces in a neighborhood plan shall consist of the following: 1. Create neighborhood gathering places. 2. Promote the character and theme of the neighborhood. 3. Create a comprehensive open space system within the neighborhood based on a hierarchy of activity (active -vs- passive), programming, (formal -vs- informal, and users (children, teenagers, adults). 4. Provide distribution/proximity of open space within a short walking distance of every home. 5. May provide dual purpose(s) with ecological functions (when appropriate) within the Open Space Type. iii. Some variation of the required amenities as outlined in Section 19.19 will be considered when necessary to achieve the desired neighborhood theme and character. d. Signage and Entry Features. - All signs shall comply with Section 19.18 Sign Regulations with the following exceptions: i. In establishing a strong neighborhood theme and character, an architectural entry structure as permitted in 19.18 will be permitted. The maximum height for these structures may be as high as 10 feet above the building height for adjacent residential structures, not to exceed 45 feet. The sign portion of an Entry Structure for a residential development containing fewer than 100 dwelling units shall not exceed 7.5 feet in height; the sign portion of an Entry Structure for a residential development containing 100 or more units shall not exceed 10 feet in height per 19.18.07.1 Residential Sign Standards. ii. The architectural structure will require review and approval by the City Council. An artistic feature may be placed above the 10 foot maximum height for signs. The artistic feature will not be allowed to be illuminated. e. Architectural Standards. i. All construction shall be consistent with Section 19.16 Site and Architectural Design Standards with the following exceptions: 1. In order to meet the Theme and Character requirements for a Neighborhood Plan, the number and color of materials required in 19.16 may not be desirable. For example, if the theme of the Neighborhood Plan is a farm theme, homes that are entirely vertical siding with 2 colors may be appropriate. The Neighborhood Plan shall specify any deviations from Section 19.16. ii. Mixed Residential Districts should provide a variety of home styles, textures, and colors on each street to create a diverse and varied street scene. Neighborhoods with minimal visual variation, and homogenous application of the approved architectural styles are not permitted in order to ensure that street scenes are non-repetitive. Variation shall be achieved through a combination of architectural styles, materials, material textures, colors, and floor plans. Guidelines for style, color, and floor plan shall be given equal weight when evaluating compliance with this standard. iii. All facades visible from public roadways will be considered a primary façade requiring architectural detailing. f. Landscaping and Fencing. - Landscaping and Fencing are required to comply with Section 19.06 Landscaping and Fencing. Exceptions or modifications to Section 19.06 may be considered at the time of Neighborhood Plan approval, if the modification does not result in less landscaping. For example, in some cases, it may be beneficial to slightly reduce plant size in exchange for more plants. Fencing definitions may be modified as a part of the Neighborhood Plan if necessary for compliance with the Character and Theme Plan. g. Building Height. i. The maximum building height in the MR Zone is 45 feet for stacked multifamily, 40 feet for Townhomes and 35 feet for Single Family. ii. A variety of building heights shall be provided throughout the development. iii. Additional building height of up to 5 feet over the maximum building height can be considered if a finding can be made that the additional height is to create architectural interest and will not result additional usable or habitable square footage. In no case will a maximum height over 45 feet be considered. h. Parking. i. Parking shall comply with section 19.09, with the following exception: Parking will be required as outlined in Section 19.09. Opportunities for reductions in parking requirements may be sought when justification for the reductions can be identified and approved by the City Council. ii. If the Neighborhood Plan provides an opportunity to provide small commercial uses by the use of flex or live/work space within a residential unit, 1 dedicated parking spaces shall be provided in front of the use or elsewhere in close proximity to the use. The City Council may modify this requirement through the Neighborhood Plan process. 9. Support Uses. The Neighborhood Plan may include uses that are necessary for the development to function as a Neighborhood and Community. Specific Permitted are outlined in 19.04.08. Permitted Uses, Agricultural & Residential Zones. In addition, those uses listed as permitted in the Neighborhood Commercial Zone as specified in the use table 19.04.11 would be considered appropriate. In designating areas for various uses, the following shall be considered: a. Lots for neighborhood support uses including churches and schools shall be identified, if necessary, and shall be adequate to serve the future population of the neighborhood if deemed necessary. In a manner consistent with state and federal law, the applicant will coordinate with appropriate organizations (such as the school board) to determine the future demand for such facilities. b. Non-residential uses which may support the neighborhood are a development opportunity but not a requirement for developments proposing a maximum of 8 units per acre. c. Non-residential uses that are permitted may be placed in locations that are convenient for the residents of the community without causing impacts that cannot be mitigated. d. If a Neighborhood Plan contains a planned or existing transit stop or corridor and the developer wishes to increase density to up to 12 units per acre, commercial uses or opportunities for commercial uses shall be required to support transit. e. If transit support or neighborhood commercial uses are required, the requirement may be fulfilled by providing an opportunity for small commercial spaces as a part of a residential product (such as flex space or live/work space within a townhome that can be used as residential or be converted to a small commercial space). The option to use this space for commercial will be at the discretion of the unit owner and must follow any restrictions or regulations outlined in the Neighborhood Plan. 10. Improvements Required. All Neighborhood Plans shall be required to comply with the provisions in Title 19, development agreements or other applicable regulation with respect to the required improvements.