§ 13-83.53. Application review procedures in mixed-use overlay district

(a) Mixed-use development plan screening application required. All residential and mixed-use development projects proposed in the mixed-use overlay district shall submit a screening application for consideration by city council, as described in section 13-28(g)(4) of the Zoning Code.

(b) Master plan required. All development proposed in the mixed-use overlay district requires approval of a master plan pursuant to chapter III planning applications. The final review authority for the master plan shall be the planning commission. Refer to section 13-28(g), master plan, regarding the following: preliminary master plans and amendments to the master plan.

(c) Master plan findings for mixed-use overlay district. The approval of the master plan for a residential or mixed-use development project in the mixed-use overlay district shall be subject to the following findings:

(1) The project is consistent with the general plan, meets the purpose and intent of the mixed-use overlay district, and the stated policies of the urban plan as applicable.

(2) The project includes adequate resident-serving amenities in the common open space areas and/or private open space areas in areas including, but not limited to, patios, balconies, roof terraces, walkways, and landscaped areas.

(3) The project is consistent with the compatibility standards for residential development in that it provides adequate protection for residents from excessive noise, odors, vibration, light and glare, and toxic emanations.

(4) The proposed residences have adequate separation and screening from adjacent commercial/industrial uses through site planning considerations, structural features, landscaping, and perimeter walls.

(d) Deviation from development standards. A deviation from the mixed-use development standards may be approved through the master plan process provided that the following findings are made:

(1) The strict interpretation and application of the mixed-use overlay district's development standards would result in practical difficulty inconsistent with the purpose and intent of the general plan and urban plan, while the deviation to the regulation allows for a development that better achieves the purposes and intent of the general plan and urban plan.

(2) The granting of a deviation results in a mixed-use development which exhibits excellence in design, site planning, integration of uses and structures and compatibility standards for residential development.

(3) The granting of a deviation will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity.

(Ord. No. 06-9, § 1e., 4-18-06 )