§ 38-119. Special provisions.

In furtherance of the purposes for which the DCD district is established, the following shall apply:

(1)

Character of land use. A DCD must contain at least two types of land use (unless waived by the planning and zoning commission, mayor, and city council) that are not otherwise allowed together in another zoning district or two types of residential density.

(2)

Concept plan required, development standards.

a.

Development of the DCD shall be guided by a graphic concept plan that designates the land uses of the DCD. The concept plan may be accompanied by a development standards text, which may be approved as a condition of zoning or special use, providing development standards and uses for the project which vary, augment or limit the requirements of this zoning ordinance and the development code.

b.

To the extent that the approved concept plan and development standards for a DCD contradict the development code and the zoning ordinance, the contradictory provisions of the development code and the zoning ordinance are inapplicable to that DCD.

(3)

Concept plan as a condition of zoning. No changes in land use or density shall be allowed in any approved and incorporated concept plan or development standards text, except as subsequently approved pursuant to a rezoning of the property. For properties zoned to DCD concurrent with the adoption of the Official Zoning Map on January 1, 2004, and for which development has commenced but is not complete on January 1, 2004, the individual land use plan for any such property shall serve as a concept plan, and such property shall continue to be developed in accordance with development standards applicable at the time of adoption of the land approved for such property by the mayor and council. For all properties zoned to DCD and the development standards applicable to each, by location, shall be established as a condition of approval by the city council at the time that the property is rezoned to DCD.

(4)

Open spaces required.

a.

Within the DCD, 20 percent of the gross land area must be set aside as common open space, half of which must be usable for active or passive recreation.

b.

The open space areas and facilities shall be held in common by a legally constituted association of property owners with the financial capability to maintain the open space.

c.

For the purposes of calculation, common open space does not include any streets or public rights-of-way, or yard areas or landscape areas located on private property. Common open space does include land and water areas that are available to all occupants of the DCD on a continuing and permanent basis, such as walking trails, community centers or clubhouses, golf courses and other recreation areas, protected flood plains or wetlands. Protected floodplains and wetlands shall be protected by a conservation easement.

d.

Lands dedicated to public use, such as school or fire station, shall be credited as part of the 20 percent common open space requirement.

(5)

Compatibility. Land uses developed at the perimeter of the site shall be developed in a manner that is compatible with adjacent off-site land uses or zoning, or a 100-foot-wide buffer shall be provided between the uses in the DCD and the perimeter of the setbacks, and other development standards.

(6)

Maximum area and density for residential uses.

a.

Except as provided in subsection (6)b of this subsection, no concept plan shall be approved for any DCD development of 500 acres or less which exceeds the following limits for residential use:

1.

Maximum acreage area for residential use: 75 percent of total land area.

2.

Maximum acreage area for multifamily (attached residential units at R-6 density) residential use: Ten percent of total land area.

3.

Maximum overall residential density (calculated based on property designated for residential base zone): Five units per acre.

4.

Maximum residential density within the multifamily (attached units at R-6 density) land use area: Six units per acre.

b.

Exception: The council may waive the requirements of the subsection upon an express finding of special circumstances where any DCD adjoins property of equal or greater acreage which is developed as commercial, office, industrial or any combination thereof.

c.

No lots shall be less than 7,500 square feet.

d.

No more than 25 percent of total lots in the proposed development will be allowed to be under 10,000 square feet.

e.

25 percent of total lots shall be greater than 14,000 square feet with a minimum house size of 1,600 square feet for these lots.

f.

Overall average home size for the development shall be a minimum of 1,400 square feet unless otherwise stipulated and approved by planning and zoning, mayor, and city council.

(Ord. No. 0-00-106, § 2, 12-4-2000; Ord. No. 0-01-58, § 2, 8-20-2001)