17-13 Amend 1135 Mixed Use Overlay

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Mixed Use Overlay District may be mapped in an area where the pro- posed use changes certain character and features otherwise limited by the underlying zoning only if it has been determined that the current and anticipated future uses in the immediate vicinity will be compatible with the mixed uses proposed and that such uses are consistent with the Development Plan. Therefore, the Commission shall consider Mixed Use Overlay developments on a case -by -case basis. (c) A Mixed Use Overlay District should offer one (1) or more of the fol- lowing advantages: (1) Designs in residential and commercial areas that reflect the City's development and planning policies as set forth in this Code and that are consistent with the Vision. (2) Designs that are intended to encourage flexibility, innovation, and creativity in site and development design by allowing the mixing of permitted uses and/or modification or variation from otherwise applicable zone district and development standards. (3) Designs which encourage a mix of retail, service, office, housing, live -work units, and public activities to coexist in a manner that re- flects human scale and emphasizes pedestrian orientation, taking advantage of the vitality that mixed uses can bring to the conunu- nity. (4) Designs which provide substantial buffers and transitions between areas of different land uses and development densities. (5) Designs which enhance the appearance of neighborhoods by con- serving areas of natural beauty and natural green spaces. (6) Designs which provide a choice in the type of environment availa- ble to the public by allowing development that would not be possi- ble under the strict application of other sections of this Code. (7) Development and/or permanent reservation of open space, recrea- tional areas and facilities. (8) A creative approach to the use of land and related physical facili- ties that result in better urban design, higher quality construction and the provision of aesthetic amenities. (9) The efficient use of land, so as to promote certain economies in the provision of utilities, streets, schools, public grounds and build- ings, and other facilities. 1135.02 LIMITATIONS ON FLEXIBILITY OF MIXED USE OVER- LAY DISTRICTS. It is not intended that the Commission automatically grant exceptions or maxinnun density increases for Mixed Use Overlay Districts, but it is ex- pected that the Commission shall grant only such increases or uses which are consistent with the benefits resulting from the Mixed Use Overlay. Therefore, the Commission may require as a condition of approval any rea- sonable condition, limitation or design factor, pursuant to Section 1161.02, General Standards for All Conditional Uses, which will promote proper de-