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(a) Application. Upon approval by a neighborhood improvement association or other neighborhood association demonstrating broad representation and membership, the Governing Body or Planning Commission may initiate an application for establishment of an NCD. Alternatively, owners of at least 51 percent of the property within the proposed district may initiate an application. The application shall be submitted to the Planning Director who shall determine whether the application meets the requirements of this section.

(1) Statement of the neighborhood’s goals and an explanation of how design overlay district designation will meet these goals.

(2) A sample inventory of the neighborhood’s unique characteristics including architectural styles, building materials, distinct or significant details unique to the overall neighborhood character, color photographs documenting these characteristics, any demonstrable vulnerability to deterioration, dates of construction, types of land uses, and property address to be included within the proposed NCD.

(3) A map showing the proposed NCD boundaries, and an explanation of why the boundaries are appropriate.

(4) A list of the names and mailing addresses of all property owners in the proposed district as of the date of application.

(5) A list of all neighborhood associations, homeowners’ associations, or other organizations representing the interests of property owners in the proposed district. Each list shall include the officers’ names, mailing addresses, email addresses, and telephone numbers.

(6) A draft of specific design standards for the proposed NCD detailing how the standards relate to the inventory characteristics.

(7) Evidence that all property owners within the proposed district have been notified, in writing, of at least two public information meetings concerning creation of the NCD that have been conducted within six months prior to the date of the application. Notifications shall be mailed to the property owners of record. Written minutes of each meeting summarizing the testimony of attendees shall be submitted with the application.

(8) Any additional information that the Planning Director determines is necessary.

(9) Any City-adopted neighborhood plan that contains the criteria set forth in this subsection (a) shall be deemed to meet the requirements of this section.

(b) Planning Commission. Upon a determination that the application meets the requirements of this section, the Planning Director shall submit the application, including the design standards, to the Planning Commission for its consideration and recommendation to the Governing Body.

(c) Notification/Public Hearing. The Planning Commission shall conduct a public hearing. Notice of the hearing shall be published at least once in the official City newspaper at least 20 days prior to the hearing. Such notice shall fix the time and place for the hearing and shall describe the NCD in general terms, including the proposed boundaries. In addition to the publication notice, written notice shall be mailed at least 20 days before the hearing to all owners of record within the proposed district. All notices shall contain a statement that the application is available for inspection, including the proposed design standards. When the notice has been properly addressed and deposited in the mail, failure of a party to receive such notice shall not invalidate any subsequent action taken by the Planning Commission or Governing Body.

(d) Planning Commission Recommendation. A majority of the members of the Planning Commission present and voting at the hearing may take any of the following actions: (1) recommend approval of the proposed district, including a zoning overlay to the existing zoning district; (2) recommend approval with amendments to the proposed district; (3) request additional information from the Planning Department or the applicant; or (4) disapprove the application. If the Planning Commission fails to make any recommendation, such failure shall be deemed a recommendation of disapproval.

(e) Governing Body. The Governing Body may take any of the following actions: (1) adopt the recommendation by ordinance; (2) amend or reject the recommendation by a two-thirds majority vote of the membership of the Governing Body; or (3) return the recommendation to the Planning Commission with a statement specifying the basis for the Governing Body’s failure to approve or disapprove.

(f) Return of Recommendation to Planning Commission. If the Governing Body returns the recommendation, the Planning Commission, after considering the same, may resubmit its original recommendation giving the reasons therefor or submit a new or amended recommendation.

(g) Reconsideration by the Governing Body. Upon the receipt of the recommendation in subsection (f) of this section, the Governing Body, by a simple majority vote, may adopt the recommendation or amend and adopt the recommendation. If the Planning Commission fails to deliver its recommendation to the Governing Body following the Planning Commission’s next regular meeting after receipt of the Governing Body’s report, the Governing Body shall consider such course of action as a resubmission of the original recommendation and proceed accordingly.

(h) Changes to Design Standards. Minor changes to the design standards of an NCD may be approved at the discretion of the Planning Director if the following requirements are satisfied: (1) the change is intended to clarify an adopted design standard by including specific text or graphics to better illustrate the standard; and (2) the change does not add another element identified in TMC 18.270.050(c). Any change to the standards that are not minor as determined by the Planning Director shall require a new application and compliance with this section. (Ord. 19815 § 6, 5-7-13.)

Cross References:City Council – Mayor, Chapter 2.15 TMC; Planning and Development Department, TMC 2.20.080; Planning Commission, Chapter 2.225 TMC.