Item 4: Ord.on Downtown and Mixed Use Development

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ATTACHMENT B 2. Creates an attractive pedestrian environment along all adjacent streets 3. Is compatible with adjacent development. Maximum front yard setbacks may be adjusted without any requirement for pedestrian amenities if the location of the front yard is unsafe or intrinsically unsuitable for pedestrians or to protect disruption to significant natural resources. (b) Minimum Setbacks for Park Improvements in PRO Zone. The minimum required special setbacks for park improvements may be adjusted upon a finding that the proposal achieves all of the following: 1. Consistent with EC 9.2600 Purpose of PRO Park, Recreation and Open Space Zone. 2. Is compatible with adjacent development. (c) Minimum Setbacks for Drive-Through Facility Service Areas and Stacking Lanes. Standards establishing a minimum setback for service areas and stacking lanes may be adjusted upon a finding that the proposal achieves all of the following: 1. Is compatible with adjacent development. 2. Creates an attractive pedestrian environment along all adjacent streets. 3. Where necessary, provides visual separation between adjacent development. (d) Outdoor Merchandise Display in C-2 and C-4. The limitation on outdoor merchandise display in EC [9.2171(11)(b)2.] 9.2170(8)(b)2. may be adjusted upon a finding that the proposed adjustment is consistent with the intent set out in EC 9.2170(1). (16) Downtown Plan Area. Where this land use code provides that a development standard applicable within the Downtown Plan Area as shown on Map 9.2161(6) Downtown Plan Map may be adjusted, approval of the request shall be given if the applicant demonstrates consistency with all of the following: (a) The requested adjustment will allow the project to achieve an equivalent or higher quality design than would result from strict adherence to the standards through: 1. A building orientation, massing, articulation and façade that contribute positively to the surrounding urban environment; and 2. An overall site and building design that creates a safe and attractive pedestrian environment. Design elements for this purpose may include special architectural design features, high quality materials, outdoor seating, pedestrian-scaled lighting, prominent entries facing the street, multiple openings or windows, and a significant use of clear, untinted glass. (b) Impacts to any adjacent residentially-zoned property are minimized. Design elements for this purpose may include treatment of building massing, setbacks, screening and landscaping. (c) For adjustments pursuant to EC [9.2171(13)] 9.2170(10) only, placing utilities underground would be unreasonably onerous to the applicant. . (31) /ND Nodal Development Overlay ZoneWhere this land use code provides that a development standard applicable within the /ND Nodal Development overlay zone may be adjusted, approval of the request shall be given if the applicant demonstrates consistency Ordinance - Page 12 of 17