23.58B.055

An applicant who (1) has an unexpired Master Use Permit for a project issued prior to the effective date of the ordinance introduced as Council Bill 118940, or (2) has submitted an application for a Master Use Permit for a project that is under review by the Department, has completed the Design Review Board Recommendation phase pursuant to subsection 23.41.014.E, and is vested pursuant to Section 23.76.026 prior to the effective date of the ordinance introduced as Council Bill 118940, may elect to incorporate into the project some or all of the capacity added to the applicable zone through the ordinance introduced as Council Bill 118940 without additional review by the Design Review Board if the following conditions are met: A. The project is located in a Downtown or SM-SLU zone to which capacity was added through the ordinance introduced as Council Bill 118940; and B. The proposed changes to the project are limited to incorporating capacity added to the applicable zone through the ordinance introduced as Council Bill 118940; and C. The Director determines, as a Type I decision, that incorporating the additional capacity into the project is done in a manner consistent with the design recommended for approval by the Design Review Board pursuant to subsection 23.41.014.E; and D. Incorporating the additional capacity into the project does not require any new development standard departures pursuant to Section 23.41.012 ; and E. The project will comply with the requirements of Chapter 23.58B . (Ord. 125291 , § 39, 2017.)