14-13-110 MIXED USE ZONE: Administration

The City Council shall retain full legislative discretion in considering and approving all Mixed Use zoning designations, Development Agreements, amendments, and modifications. Nothing contained within this Chapter shall be interpreted as creating an entitlement to any specific residential density, maximum residential density, commercial intensity, housing type, lot size, setback, building height, development configuration, modification of City standards, or other project characteristic except as expressly approved through an executed Development Agreement. The City Council may approve project-specific development standards and deviations from the standards of this Chapter when it determines the proposed development demonstrates exceptional quality and provides substantial public benefit through commercial investment, economic development, employment opportunities, infrastructure improvements, architectural excellence, parks, trails, public amenities, fiscal sustainability, residential product diversity, or other characteristics that further the goals and policies of the Salem City General Plan. Examples of public benefit include, but are not limited to: A. Commercial investment and economic development; B. Employment opportunities; C. Infrastructure improvements; D. Parks, trails, open space, and public amenities; E. Architectural excellence and high-quality site design; F. Fiscal sustainability and long-term public value; G. Residential product diversity that supports the City's planning objectives; and H. Implementation of the Salem City General Plan. Each Mixed Use application shall be evaluated independently based upon the specific facts, circumstances, and public benefits associated with the proposed development. Approval of any Mixed Use development shall be based upon findings that: A. The proposed development is consistent with the Salem City General Plan. B. Commercial development remains the primary purpose of the Mixed Use Zone. C. The proposed development provides substantial public benefit. D. Adequate infrastructure and public services exist, or will be provided, to serve the proposed development. E. Parks, trails, open space, and community amenities adequately serve the anticipated population. F. The Development Agreement adequately protects the public health, safety, and welfare. Approval of one Mixed Use development shall not establish precedent for any future legislative zoning decision. Compliance with the minimum requirements of this Chapter shall not obligate the City Council to approve a Mixed Use zoning designation, Development Agreement, amendment, or modification. In the event of any conflict between the provisions of this Chapter and an executed Development Agreement approved by the City Council, the provisions of the Development Agreement shall control for the applicable Mixed Use development.