§ 30.48.720. Expansion or Amendment of the Mixed Use Overlay District.

a.

The Mixed Use Overlay District may be expanded or amended by the approval of a text amendment application in accordance with the provisions of Table 30.16-2. Text amendment requests to expand or amend the Overlay require Board member concurrence prior to initiating the application process (including pre-submittal conference), and all such proposals shall be considered at a public hearing before the Commission whose recommendation shall be forwarded to the Board for final action no sooner than the second zoning agenda following Commission action. Approval by the Board shall cause a subsequent ordinance amending the Mixed Use Overlay District Map to be introduced and considered. A specific area location or Overlay subdistrict may thereby be amended, included in, or removed from the Mixed Use Overlay District.

b.

Text amendment applications to expand or amend the Mixed Use Overlay District (Overlay) shall be evaluated in terms of the proposal's ability to satisfy the overall purpose of the Overlay and specific subdistrict expectations, including evaluative criteria, and shall therefore include the following submittal requirements:

1.

Vicinity Map (2,500′ radius) indicating proximity to existing Overlay boundaries, major streets, highways, railway lines and transit options, proposed and adjacent uses, zoning districts, land use plan categories, range of existing and proposed densities and structural heights, and consistency with Overlay subdistrict requirements.

2.

Project Description (see 30.16.240(a)(20)

3.

Reports (see 30.16.240(a)(17)

4.

Compelling Justification that the proposed expansion or amendment satisfies the following criteria:

i.

A change in law, policies, trends, or facts that have substantially changed the character or condition of the area, or the circumstances surrounding the subject property, which makes the proposed expansion or amendment appropriate; and

ii.

The density or intensity of the uses allowed by the requested mixed use overlay subdistrict is compatible with the existing and planned land uses in the surrounding area per Section 30.48.770(A); and

iii.

There will not be a substantial adverse effect on public facilities and services, such as roads, access, schools, parks, fire and police facilities, and stormwater and drainage facilities, as a result of the uses allowed by the proposed expansion or amendment; and

iv.

The proposed expansion or amendment conforms to other applicable adopted plans, goals, and policies; and

5.

Written consent from Board member(s) or Board approval per Table 30.16-2(b).

(Ord. 3296 § 6 (part), 2005; Ord. 3219 § 6 (part), 2005: Ord. 3174 § 6 (part), 2005)

(Ord. No. 4152, § 7, 11-20-2013)