A. The 12th Street corridor overlay zone is intended to provide an incentive for developments that are willing to take advantage of the design regulations of this chapter. There are two (2) review processes provided in the overlay zone: an administrative review and a special exception review. The special exception review is based on the size of the proposed development or the need for minor variations from this chapter which can only be approved by the planning commission.
B. Plans for development shall be submitted and reviewed according to chapter 4 of this title.
C. Commercial or office development on lots larger than forty thousand (40,000) square feet or multi-family residential development of more than thirty (30) units will be reviewed by the planning commission as a special exception review. Developments less than either of these two (2) standards will be reviewed administratively.
D. 1. When a plan is reviewed administratively it shall be reviewed for compliance with the regulations of this chapter and other applicable land use ordinances. If the applicant seeks an exception to the standards for development for their project a request for an exception shall be applied for and a review with the planning commission will be scheduled for their next regular planning commission meeting. In considering a request for an exception the planning commission shall review the request for:
a. Compliance with the vision strategies of section 16D of the general plan which is the 12th Street corridor plan;
b. The exception not having any negative impact to adjacent property owners;
c. The exception maintaining the character of design and visual appearance of the surrounding uses; and
d. The reason the exception is needed and if other alternatives are possible that would not require an exception.
2. If the commission finds the requested exception can comply with the first three (3) criteria and that there are not other options available then an exception can be granted. If the commission finds the request does not meet the criteria then the exception shall be denied and the development must either comply with the regulation standards of this chapter or follow the regulations of the underlying zone.
E. 1. When a development plan is being reviewed by the planning commission as a special exception because the size of the development requires a special exception review, the commission will review the proposal for compliance with:
a. The regulations of this chapter and the other applicable land use regulations;
b. On and off site traffic patterns, access and parking areas being located to reduce impacts to adjoining neighbors and potential traffic impacts and the ability to share accesses with adjoining properties or create secondary accesses;
c. Development patterns not adversely impacting the use and privacy of the adjacent uses when they are single-family uses; and
d. Resolving design issues of impact to adjacent properties which may need to be resolved on a case by case basis that the design regulations of this chapter may not have adequately addressed.
2. The purpose of the planning commission review, when the review is based on the size of the development, is to work out design issues of impact which larger developments may create on adjoining uses. All adjoining property owners shall be notified of the proposed meeting to consider the proposed plan and its impacts. The commission cannot deny the development if it complies with the regulations of this chapter but it can require additional site improvements or relocation of components of the site development in order to mitigate potential impacts of the design.
(Ord. 2006-17, 4-18-2006)