§ 30.48.770. Evaluative Criteria.

In addition to satisfying the MUD subdistrict expectations, all proposed mixed use developments shall be further evaluated in terms of the criteria established in this subsection.

A.

Transitioning Considerations. All mixed use developments shall incorporate appropriate bulk and use transitioning measures along the development's perimeter to achieve compatibility with existing development on adjacent properties. Consideration will be given to the following to determine if appropriate transitioning measures are included in the plans.

1.

Compatibility refers to the characteristics of different land uses that allow them to be harmoniously located near or adjacent to each other with minimal impacts. Compatibility considerations may include a range of activities and design features related to existing and proposed development, such as but not limited to height, mass, density, architecture, landscaping, signage, hours of operation, and Environmental impacts (see Chapter 30.68 for Site Environmental Standards).

2.

Incompatibility refers to the transfer of negative impacts over property lines from one land use to an adjacent land use. Incompatibility considerations may include but are not limited to a range of incompatible activities and design features related to existing and proposed development, such as but not limited to height, mass, density, architecture, landscaping, signage, loss of privacy, unsightly views, traffic and parking concerns, hours of operation and environmental impacts (see Chapter 30.68 for Site Environmental Standards).

B.

Pedestrian Orientation. Mixed use developments shall emphasize and incorporate pedestrian orientation in the project's overall design. Proposed projects are expected to provide site design and building scale features with a primary emphasis on streetscape functionality and pedestrian access to a site (rather than vehicular access and parking concerns which are limited). Pedestrian oriented buildings are typically constructed close to the street with windows and display features facing the street and main entrances designed to accommodate access from the street sidewalk. (Also see subsection (C)(6), "pedestrian realm.")

C.

Design and Development Standards. Applications for a mixed use project shall demonstrate compliance with the standards established in this subsection, in addition to the standards generally required by this Title and including the residential proximity standards defined in Section 30.08.030. Standards shall only be modified with the approval of a special use permit per Table 30.16-4, as permitted in the subsections below and provided the applicant demonstrates the proposed modification is necessitated by an increased provision of amenities as described in this subsection (C). Where less restrictive alternative standards are established by this Part (J), the less restrictive standards shall apply, except signage in the CMA Area Design Overlay District shall comply with all applicable restrictions established in Section 30.48.680 (also see Table 30.56-2 and Table 30.56-2A for additional design standards). Where this subsection (C) does not address requests to modify standards, such modifications shall not be permitted. In no case shall the residential proximity standards be waived or varied; however the 3:1 height setback ratio may be reduced if the single-family residential use is located in an area master planned for a non-single family residential use, subject to special use permit approval with public hearings before the Commission and the Board.

1.

Density.

a.

Densities permitted within each Mixed Use Overlay subdistrict are established in Table 30.48-J1 and do not include mixed use development incentives allowed per subsection (b) below. Density bonuses in accordance with subsection (b) below shall require special use permit approval with public hearings before the Commission and the Board.

Table 30.48-J1 Development Standards for Mixed Use Development with U-V Zoning
Subdistrict	MUD-1	MUD-2	MUD-3	MUD-4
Density (du/ac)	as approved	up to 50	up to 32	up to 18
Height
Maximum	up to 100′	up to 100′	up to 55′	up to 35′
With Special Use Permit	as approved	up to 200′	up to 100′	up to 55′
Additional Requirements: 1. Regardless of MUD subdistrict, facades and garages that face existing single-family shall be designed to be compatible with the height and setbacks of the existing development. 2. Density bonuses per subsection 30.48.770(C)(1)(b) require special use permit approval and hearings before the Commission and the Board. 3. Architectural height intrusions up to 10 % are permitted without an Administrative Minor Deviation.

 

b.

Mixed Use Development Incentives. This subsection provides a list of incentives and corresponding density bonuses to encourage certain urban uses capable of producing a sustainable community and addressing community housing needs. Percentage increases for each incentive used will be calculated on the base density requirement for the subdistrict in which the proposed mixed use project is located. For the purpose of implementing the following incentives, "walking distance" shall generally be interpreted to mean one quarter (¼) mile (plus or minus ten percent (10%) of one thousand three hundred twenty (1,320) linear feet), and the distance shall be measured from the exterior wall of the nearest mixed use building to the property line of the other specified use.

i.

Developments located within walking distance along the nearest pedestrian access to a developed or planned transit stop (Regional Transportation Commission) may be eligible for a density bonus up to 20 %.

ii.

Providing a minimum one hundred (100) space Park and Ride facility and program within walking distance along the nearest pedestrian access to a developed or planned transit stop (Regional Transportation Commission) may be eligible for a density bonus up to ten percent (10%). The development may be eligible for an additional one percent (1%) bonus for every additional ten (10) Park and Ride spaces over the first one hundred (100) spaces up to a maximum of twenty percent (20%) bonus (two hundred (200) Park and Ride spaces).

iii.

A grocery store (or other similar retail use with six thousand (6,000) square feet or more of grocery sales area) within the project, or within walking distance along the nearest pedestrian access to an existing grocery store, may be eligible for a density bonus up to twenty percent (20%).

iv.

A continuous street frontage from one intersecting street to another (minimum six hundred (600) linear feet) may be eligible for a density bonus up to twenty percent (20%).

v.

In addition to the required open space, providing a publicly accessible plaza area of one and one half (1.5) acres or more may be eligible for a density bonus up to one hundred (100) units for the first acre of project, and up to fifty (50) units for each additional acre up to two hundred fifty (250) units.

vi.

Providing a fifteen (15) foot wide or larger supplemental pedestrian area (beyond what is required per Table 30.48-J2) may be eligible for a density bonus up to twenty percent (20%).

vii.

Developments located within one thousand three hundred and twenty feet (1,320′) of the University of Nevada Las Vegas campus may be eligible for a density bonus up to thirty percent (30%).

c.

Limitations. In no case shall the maximum density within MUD-4 exceed 32 dwelling units per acre.

2.

Height. Additional height permitted by Table 30.48-J1 may be established with the approval of a special use permit pursuant to Table 30.16-4.

a.

Building heights and scale adjacent to developments with differing building heights and scale shall provide appropriate transitioning features, including but not limited to varying heights, placement of lower buildings adjacent to streets and surrounding residential uses, incremental (stepped) building heights, architectural relief of building mass, and building placement shifts.

b.

Maximum heights permitted within each Mixed Use Overlay subdistrict are established in Table 30.48-J1. (Also see height restrictions in 30.56.040 and 30.56.070.)

3.

Setbacks. The pedestrian realm requirements established in 30.48.770(C)(6) shall also establish the perimeter setbacks required for a mixed use development, which shall not be waived or varied. Additional setback requirements are established in subsections (a) and (b) below. All other setbacks, including setbacks for detached single family residential development, shall be established by the approved site development plans.

a.

A three foot (3′) setback for each one foot (1′) of height shall be required from any single family residential use located anywhere within the entire distance radius established by the three-to-one setback, or sixty feet (60′), whichever is greater, and regardless of any other intervening uses (See Section 30.08.030, "Residential Proximity Standards", however the options to the 3:1 setback shown in Figure 30.56-10 shall not apply to this standard). In no case shall the residential proximity standards be waived or varied; however the three to one (3:1) height setback ratio may be reduced if the single-family residential use is located in an area master planned for non-single family residential use, subject to special use permit approval with public hearings before the Commission and the Board.

b.

All buildings and structures exceeding 35 feet in height adjacent to arterial streets shall comply with Section 30.56.040(d)(4) and Figure 30.56-4 (1:3 height setback requirement), which shall not be waived or varied; however, this setback requirement may be reduced for development within the SOSA Design Overlay District, provided the development conforms to the related height/setback guidelines and standards within the SOSA Design Overlay District as regulated within Section 30.48 Part M. In addition, for development located within the MUD-1 and MUD-2 only, this setback may also be reduced subject to special use permit approval with public hearings before the Commission and the Board.

4.

Open Space Requirements. Because functional open space depends upon a variety of factors such as product type, location and development theme, the type of open space required is not prescribed. People-oriented spaces may be open or enclosed, large or small, greenscaped or hardscaped, and shall be designed to create a strong image and sense of place for the development. Open space for mixed use may include the pedestrian realm, sidewalks, trails, parks, gardens, plazas, town greens, promenades, courtyards, atriums, gallerias, pools, tennis courts, ball fields, clubhouses, lounges, or libraries for residents of the development. The required amount of open space for mixed use development shall be based on the following formula:

(.0165) × (dwelling units per acre) × (total acreage) × (35 %)
= required open space (in acres)

(For conversion to square footage, multiply the open space acreage by 43,560)

5.

Parking and Traffic Circulation.

a.

Unless otherwise required by this Part (J), parking shall comply with the requirements established in Chapter 30.60. Parking reductions may be requested with a special use permit if the project is within one quarter mile (approximately 1,320′) of a planned transit stop (Regional Transportation Commission).

b.

Primary consideration shall be given to the functional integration of shared vehicular, parking, transit, and pedestrian areas.

c.

Mixed use projects shall be designed to minimize motor vehicle circulation through local single-family neighborhood streets.

d.

In order to create a streetscape inviting to pedestrian activity, parking should be located to the rear of the principal buildings, screened from the right-of-way and adjacent residential uses.

e.

Guest parking areas shall be designed to accommodate anticipated use and be conveniently distributed throughout the mixed use development.

f.

The Board may consider traffic conditions in the area, queuing, access points, proximity to intersections, and any other matter the Board deems relevant.

6.

Pedestrian Realm. Pedestrian connections shall be provided throughout the development, and a pedestrian realm shall be provided along all streets (also see 30.08.030, "pedestrian connection"). Because outside dining and outside display are encouraged to promote a lively streetscape, parking (except bicycles), drive aisles parallel to the pedestrian realm, loading zones, and asphalt or gravel pavement shall not be permitted in this area. The additional supplement area for buildings over 50' shall not be required for development within the SOSA Design Overlay District, as it is regulated within Section 30.48 Part M. Requests to modify the pedestrian realm requirement may only be considered with a special use permit when the applicant demonstrates there is a substantial grade differential, which was not artificially created as a part of the proposed development. In addition, the applicant must provide an alternative to the pedestrian realm, such as landscaping within the same area, and must demonstrate connectivity is still provided within the interior and exterior of the project. The special use permit shall require public hearings before the Commission and the Board.

a.

Minimum Requirements. The pedestrian realm shall include an enhanced sidewalk area consisting of a detached sidewalk and amenity zone with trees which shall be provided adjacent to all public streets. A supplemental pedestrian area is additionally required for the MUD-1 and MUD-2 subdistricts and for building heights over 35 feet in the MUD-3 and MUD-4 subdistricts.

b.

Enhanced Sidewalk Area. In all MUD subdistricts, the enhanced sidewalk area shall consist of a minimum 5-foot wide detached sidewalk (maintained as an unobstructed clear zone up to minimum 8-foot height) and 5-foot wide amenity zone (area between the back of the curb and edge of the detached sidewalk where street trees, public signs, power poles, street lighting and other traffic control devices will be placed).

Table 30.48-J2  Pedestrian Realm Requirements
Subdistrict	MUD-1	MUD-2	MUD-3	MUD-4
Minimum Width	15′	15′	10′	10′
Adjacent to Building Heights ≥ 35′ 2, 3	15′	15′	15′	15′
Adjacent to Building Heights ≥ 50′ 2, 3	20′	20′	20′	20′
Additional Requirements: 1. Minimum widths include required (minimum) supplemental pedestrian area. 2. Buildings and structures exceeding 35 feet in height adjacent to arterial streets shall comply with Section 30.56.040(d)(4) and Figure 30.56-4. This requirement cannot be waived or varied; however, it may be reduced for development within MUD-1 and MUD-2 only, or for property located within the SOSA Design Overlay District, pursuant to subsection 30.48.770(C)(3). 3. Buildings and structures shall comply with Section 30.56.070(b) and Figure 30.56-10; however, in no case shall buildings and structures exceeding 35′ in height be permitted within a minimum 60′ setback from adjacent single-family residential use. In no case shall the residential proximity standards be waived or varied; however the 3 to 1 (3:1) height setback ratio may be reduced if the single-family residential use is located in an area master planned for a non-single family residential use, subject to special use permit approval with public hearings before the Commission and the Board.

 

i.

Amenity Zone Requirements. One small to medium tree per Section 30.64.030(k) for every twenty linear feet of street frontage and decorative waste receptacles shall be provided within the amenity zone. Large trees or trees with invasive root systems are prohibited (see Southern Nevada Regional Planning Coalition's Regional Plant List).

ii.

Amenity Zone Features. The following features are encouraged in the amenity zone: bus shelters, shade structures other than bus shelters, bicycle racks, directional and public information kiosks, benches, pedestrian scale lighting, drinking water fountains, enhanced paving materials (colored, textured or patterned, but no stamped concrete), public art, or other amenity enhancements consistent with the intended purpose of an amenity zone. All mixed use projects, regardless of location, shall provide a minimum of four such features within the required amenity zone.

c.

Supplemental Pedestrian Area. The supplemental pedestrian area is a minimum 5-foot wide area located between the back of sidewalk and the building façade. The supplemental pedestrian area is required for developments within the MUD-1 and MUD-2 subdistricts. If not required for additional height per Table 30.48-J2, supplemental pedestrian area requirements in the MUD-3 and MUD-4 subdistricts may replace open space requirements on a one to one ratio (1:1) for square footage. The supplemental pedestrian area shall include the following attributes:

i.

Visual and pedestrian access from the sidewalk into the site in the form of features such as plazas and pedestrian arcades, atriums, patios, and walkways with enhanced paving features. (also see 30.08.030, "pedestrian arcade")

ii.

Pedestrian scale design elements such as lighting (including 12-foot maximum height for street lights), site furniture, public art, drinking fountains, benches, pergolas, kiosks, shade structures, bicycle racks, or areas for outside dining and vendors. (also see 30.08.030, "pedestrian scale")

iii.

Landscaping that enhances the space and architecture and/or screens undesirable elements.

d.

Maintenance. Pedestrian realm elements provided by the property owner shall be maintained by the property owner and/or lessee.

7.

Landscaping. See Pedestrian Realm requirements and Figures 30.48-J1 and 30.48-J2.

a.

All mixed use development within the Overlay shall provide landscaping along perimeter streets per Section 30.48.770(C)(6). This requirement may be waived or varied in the MUD-3 and MUD-4 subdistricts with approval of a special use permit only if an attached sidewalk was constructed by a Special Improvement District (SID), provided that the general intent of the pedestrian realm is otherwise satisfied.

b.

Landscaping per Figure 30.64-11 (one large tree per 20 feet) shall be required when the perimeter of the mixed use development is adjacent to a less intense use. In this instance only, modified landscaping requirements may be established with special use permit approval pursuant to Table 30.16-4.

8.

Trash Receptacles and Enclosures. In addition to compliance with the requirements established in Section 30.56.120, all trash receptacles and enclosures shall be designed to provide adequate noise mitigation which shall include plastic lids and rubber sleeves (mufflers) on all receptacles.

9.

Signage. All sign structures for mixed use development shall be integrated with and complement the proposed site plan and architecture, provide aesthetic visual coherence, and enhance the pedestrian environment.

a.

Permitted and Prohibited Signs. The on-premises and temporary signs permitted by Chapter 30.72 shall be permitted within the Overlay, except the following shall be prohibited: animated, banner, beacons, blinking, exposed neon lettering, flashing lights, message boards, pennant, parapet, and revolving signs.

b.

Sign Standards. All proposed sign structures shall be responsive to the aesthetics and character of the particular geographic location, adjacent buildings and uses, and surrounding neighborhood. Additionally, all signs shall be coordinated with the location of street furniture, public information signs, utilities, and street lighting to eliminate visual clutter and to free sidewalk areas of impediments. The following standards are applicable to all signage proposed for mixed use development:

i.

Maximum Sign Heights.

A.

The maximum height of freestanding signs may be permitted in accordance with Table 30.72-1 unless located in the MUD-3 and MUD-4 subdistricts.

B.

In the MUD-3 and MUD-4 subdistricts, the maximum height of any freestanding sign shall not exceed 20 feet (consistent with a one story building height), except that freestanding signs located along or adjacent to CC-215, I-95, and I-15 may be permitted up to a maximum height of 28 feet.

C.

Regardless of location, all freestanding signs for mixed use development shall be subject to providing pole covers at a minimum 20% width of the sign.

ii.

Maximum Number of Signs and Sign Area. The maximum square footage per sign area and maximum number of signs in any MUD subdistrict may be permitted in accordance with Tables 30.72-1 and 30.72-3; however, in the MUD-3 and MUD-4 subdistricts, one freestanding sign per 300 linear feet of street frontage shall be permitted in addition to one monument sign per pad site, whether or not the pad site is along a street frontage.

c.

Sign Lighting.

i.

Any exterior light source shall be completely shielded and directed solely on the sign (direct light source) and not upon any other object or adjacent properties.

ii.

Any primary source of light for a sign, whether internal or external, shall not be visible from adjacent parcels or rights-of-way.

iii.

Reflective lamps or bulbs that are visible from any right-of-way or adjacent parcel shall be prohibited on the exterior surface of any sign.

iv.

Neon shall only be permitted as accent lighting limited to no more than 25% of a sign's area.

d.

Alternative Sign Standards. Because individual sites may present unique characteristics, including site shape, location, and the design of existing and proposed structures, the application of alternative sign standards which depart from the requirements of this subsection may be considered beneficial by the Board as a tool to achieve desirable land development policies. The Board may consider alternative sign standards for mixed use with a waiver of development standards application. In all MUD subdistricts, the Board shall ensure that any alternative sign standards will:

i.

Result in a development character comparable to or more compatible with adjacent development than anticipated by the requirements of this subsection;

ii.

Encourage a development trend or visual character similar to that anticipated by the requirements of this subsection;

iii.

Comply with the overall intent of this subsection; and

iv.

Not exceed the standards for signs established in Chapter 30.72.

(Ord. 3720 § 5 (part), 2008; Ord. 3658 § 2 (part), 2008; Ord. 3530 § 1, 2007; Ord. 3518 § 10 (part), 2007; Ord. 3472 § 8 (part), 2006; Ord. 3432 § 7 (part), 2006; Ord. 3397 § 9 (part), 2006; Ord. 3354 § 7 (part), 2006; Ord. 3296 § 6 (part), 2005; Ord. 3229 § 9 (part), 2005; Ord. 3219 § 6 (part), 2005; Ord. 3174 § 6 (part), 2005)

(Ord. No. 3955, § 6, 5-18-2011; Ord. No. 3987, § 3, 10-5-2011; Ord. No. 4109, § 4, 6-5-2013; Ord. No. 4152, § 7, 11-20-2013; Ord. No. 4275, § 8, 2-18-2015; Ord. No. 4367, § 7, 2-3-2016; Ord. No. 4623, § 5, 8-22-2018)