The purpose of this Part 14 is to create hereby a two-phase procedure for the establishment of Transit-Oriented Development (TOD) overlay zones to encourage TOD throughout the City, and thereby to implement the provisions of the Comprehensive Plan pertaining to TOD. TOD, as contemplated in this Part 14, is intended to encourage a more sustainable model for development centered on transit stations which promotes mixtures of uses and permits greater density and intensity of activity and development around transit stations, leading to increases in transit ridership and encouraging the use of alternative modes of transportation. The end goal of TOD is to promote a lively, prosperous area that serves as an attractive place to live, work, shop, and recreate with less reliance on the automobile, which in turn will decrease traffic congestion and auto-pollution while increasing social interaction and promoting healthier lifestyles. The City, in partnership with the Jacksonville Transportation Authority (JTA), intends to achieve this objective by creating a pedestrian-, bicycle-, and transit-friendly environment, combining automobile uses with complementary land uses, and creating streets with high levels of connectivity all within comfortable walking or cycling distance to JTA-transit stations.

(Ord. 2022-526-E, § 1)

The definitions contained in Part 16 of the Zoning Code shall be applicable to this Part 14. In addition, for the purposes of this Part 14, the following terms, phrases, words, and their derivations, as listed in alphabetical order herein, shall have the meanings contained below, or as referenced within specific Sections.

Absolute TOD area means an area within a radius of ½ mile measured from a JTA existing or planned premium transit station and designated as such in the applicable TOD master plan, serving as an aspirational area for development and infrastructure improvements.

Actual TOD area means an area located within a 15-minute ped-shed, the distance covered in 15 minutes at a normal walking pace traveled using the existing or proposed pedestrian network, of a JTA existing or planned premium transit station designated as such in the applicable TOD master plan.

Mobility hub means a transit station where multiple services come together at a point in the transit system, accomplishing the integration of shared-use mobility options, including improved pedestrian and bicycle, ride share, car share, bike share, and microtransit feeder networks into mainline frequent or premium transit services. Mobility hubs provide improved wayfinding, easier access to transit boarding areas, and improved connectivity to other services and surrounding locations. Mobility hubs are comprehensively designed to maximize the footprint of the TOD site and make it welcoming, with ample amenities and opportunities to access transit.

Premium transit station means a transit station served by either a fixed guideway service, such as BRT, rail, or the Skyway/U ² C, or a station serving as a mobility hub. Premium transit stations provide service at higher-speed and higher-frequency than typical transit stops, usually with service frequencies at 15 minutes or less. Premium transit stations also include more infrastructure and amenities to serve higher passenger activity. Amenities can include on-board amenities, such as seating, comfort and cleanliness; station design features, such as real-time passenger information, shelters, and lighting; and other features, such as reliability, service frequency, and parking.

Transit-Oriented Development (TOD) means development consisting of mixed-use medium to high density development designed and intended to reduce personal automobile use through the incorporation of premium transit services, alternative mobility solutions, and infrastructure for active modes, such as walking and biking, and reduced parking requirements.

TOD-1 area means an area designated as such in the applicable TOD master plan up to and within an absolute radius of ¼ of a mile from a TOD-designated transit station used for planning purposes and to support transitions from the TOD to surrounding uses.

TOD-2 area means an area designated as such in the applicable TOD master plan that lies between absolute radii of ¼ of a mile and up to ½ of a mile from a TOD-designated transit station and is adjacent to a TOD-1 area used for planning purposes and to support transitions from the TOD to surrounding uses.

(Ord. 2022-526-E, § 1)

This Part 14 shall apply to lands designated as an absolute TOD area in a TOD master plan within which an appropriate TOD typology shall be assigned, appropriate transitions in density and intensity in relation to established residential areas within and adjacent to the TOD shall be addressed, and appropriate land use strategies, urban design standards, zoning recommendations, and implementation strategies shall be articulated in order to implement the TOD. In conjunction with a TOD master plan, the TOD zoning overlay will build, refine, and codify the implementation tools outlined in the TOD master plan, and should reflect the recommended zoning, land uses, densities, height limitations, transitions to existing neighborhoods, sidewalk widths, building frontages, entrance locations, and other design aspects for the TOD. The TOD zoning overlay and designated land use categories serve as the mechanisms for allocation of entitlements within the absolute TOD area. As provided herein, each TOD zoning overlay will be submitted to City Council for review and approval concurrently with the review and approval of the TOD master plan.

(Ord. 2022-526-E, § 1)

To be eligible for TOD designation under this Part 14, the land under consideration must meet the following criteria:

(a)

Be located entirely within a ½ mile radius of a premium transit station;

(b)

Not be located within the Rural Area as defined by the Future Land Use Element of the Comprehensive Plan;

(c)

Be consistent with the City's mobility goals; and

(d)

Not negatively impact surrounding neighborhoods.

(Ord. 2022-526-E, § 1)

(a)

The TOD master plan and zoning overlay should reflect form-based zoning principles and be generally consistent with the City of Jacksonville Land Development Procedures Manual.

(b)

In addition to minimum development standards provided herein, the TOD master plan and zoning overlay shall be evaluated in accordance with the following standards:

(1)

Walkability. Utilize neighborhood designs that promote walking.

(2)

Cycling. Prioritize non-motorized transport networks.

(3)

Connectivity. Create dense networks of streets and paths.

(4)

Transit. Locate development near high-quality public transport.

(5)

Mixture. Plan for mixed use.

(6)

Densification. Optimize density and transit capacity.

(7)

Compactness. Create regions with short commutes.

(8)

Mobility. Increase mobility by regulating parking and road use.

(Ord. 2022-526-E, § 1)

Sites proposed by JTA deemed suitable for TOD designation by the City and JTA will undergo a two-phased process for the development of a TOD zoning overlay. The first phase includes the creation of a TOD master plan, the identification of the TOD area, the assignment of a TOD typology, and the development of a vision and implementation strategy for the TOD. The second phase is the codification of the development principles identified in the TOD master plan through the establishment of the TOD zoning overlay for property located within the TOD master plan area.

The following procedures shall apply with respect to the designation and establishment of a Transit-Oriented Development:

(a)

Phase I - TOD Master Plan. The TOD master plan is created to provide a vision and plan tailored to the specific context in and around each TOD. It includes designations of both the absolute TOD area and the actual TOD area. Building upon the assigned TOD typology, the TOD master plan addresses the appropriate land use strategies, urban design standards, zoning recommendations, and implementation strategies to realize the vision. The TOD master plan should be oriented toward the future, but based in reality. The TOD master plan should take into account what is financially feasible and responsive to Citywide goals and market forces, while still being reflective of the vision of the TOD and its principles. In the development of the TOD master plan, sites located in the actual TOD area are presumed to be suitable locations and are encouraged for TOD as described in this Part 14, subject to a case-by-case review of consistency with State and regional plans, the Comprehensive Plan, and adopted neighborhood plans and studies. The TOD master plan is not the mechanism for the allocation of entitlements. In creating a TOD master plan, area identification and locational criteria shall be applied and typology assigned as provided herein.

(1)

TOD area identification and locational criteria. An area that is up to and within a ¼ mile radius of a TOD designated transit station shall be classified as TOD-1. An area that lies between a ¼ of a mile radius and up to ½ of a mile radius from a TOD designated transit station, and is adjacent to a TOD-1 area, shall be classified as TOD-2.

(2)

Typology assignment. The TOD master plan shall identify a contextually sensitive TOD typology to guide the TOD area. TOD typologies provide minimum density goals. While the TOD master plan will recommend suitable density for each area, the TOD zoning overlay and designated land use categories will determine the actual maximum and minimum allowable densities. The applicable TOD typologies and their descriptions and goals are as follows:

(i)

Type 1 - Urban Center Typology. The Urban Center Typology applies to lands located in the most heavily urbanized areas. Its infrastructure should include a dense grid block structure street design and high vertical development to support a high diversity of uses, high residential and employment densities, and greater volume of pedestrian activity. Modes of transportation should include a premium transit service, such as Bus Rapid Transit (BRT), rail, and/or the Skyway/Ultimate Urban Circulator (U ² C), or a mix of local or express bus services and alternative mobility solutions, including personal and shared automobiles. Alongside these premium transit services, non-motorized transportation (walking and bicycling) should be integrated with the essential infrastructure in place to support the use and accomplish the Complete Streets component of a comprehensive transportation network. A progressive parking requirement shall enforce integrated structured parking, off-street structured parking, and on-street parking, with no minimum parking requirement. The minimum residential density goals for the Urban Center typology are 50 dwelling units per acre (DU/Acre) in the TOD-1 area and 20 DU/Acre in the TOD-2 area to support a mix of housing types. Uses include mid- and high-rise condominium residential use and multifamily residential use, large retail and office uses, and mixed-use buildings.

(ii)

Type 2 - Regional Center Typology. The Regional Center Typology applies to lands located at emerging centers of regional significance. Regional Centers are medium- to high-density areas that occur outside of the urban core. They should be primarily commercial in nature, which draws patrons in from across the region. The moderate mix of uses supports a medium to high density when compared to other typologies. Due to their location outside the urban core, Regional Centers consist of mid- and low-rise buildings, and their infrastructure is comprised of irregular street patterns. The mix of infrastructure and residential density supports a medium to high volume of pedestrian activity within the station area. Modes of transportation should include a premium transit service, such as BRT or rail, or a mix of local or express bus services and alternative mobility solutions which emphasize feeding the premium transit service. There should also be an emphasis on active modes, such as walking and bicycling. Parking requirements shall enforce off-street structured parking, rear surface parking, and on-street parking, with no minimum parking requirement. The minimum-residential density goals for the Regional Center typology are 40 DU/Acre in the TOD-1 area and 15 DU/Acre in the TOD-2 area to support the commercial activity within the district. Uses include mid-rise condominium residential use and multifamily residential use, major retail and office uses, and mixed-use buildings.

(iii)

Type 3 - Core Neighborhood Typology. The Core Neighborhood Typology applies to lands located within the neighborhoods adjacent to the Central Business District (CBD). These neighborhoods are primarily residential and support the commercial nature of the CBD. Due to the proximity to the urban core, buildings range from mid- to high-rise, and the street network is less dense than the urban core, comprised of a grid and alley network, usually with a "Main Street" urban design. The infrastructure supports a moderate mix of uses and a medium to high volume of pedestrian activity. Modes of transportation should include a premium transit service, such as BRT, rail, and/or the U ² C, or a mix of local or express services and alternative mobility solutions which favor low-speed options to compliment active modes, like walking and bicycling. Parking design requirements shall be consistent with the Urban Center typology with integrated structured parking, off-street structured parking, and on-street parking, with no minimum parking requirement. The minimum-residential density goals for the Core Neighborhood typology are 30 DU/Acre in the TOD-1 area and 15 DU/Acre in the TOD-2 area to support a mix of housing types. Uses include townhouse residential use, low- and mid-rise condominium residential use and multifamily residential use, retail and office uses, and mixed-use buildings.

(iv)

Type 4 - Suburban Neighborhood Typology. The Suburban Neighborhood Typology applies to lands located at commercial/retail nodes that support surrounding residential developments outside of the urban core. These sites are comprised of low-rise buildings, with suburban block patterns abutting a suburban "Main Street" urban design. The suburban scale of these areas supports both medium-low residential and employment density, as well as moderate pedestrian activity. Modes of transportation should include a mix of BRT and local and express bus, walking and biking. Rear surface and on-street parking designs shall be required to ensure streetscapes can fully accommodate non-motorized modes, with no minimum parking requirement. Pedestrian and bicycle infrastructure should provide good connectivity to encourage these active uses. The minimum-residential density goals for the Suburban Neighborhood typology are 20 DU/Acre in the TOD-1 area and 15 DU/Acre in the TOD-2 area to provide adequate housing to support commercial uses. Uses include small lot single-family residential use, single-family residential use with an accessory dwelling unit, townhouse residential use, low-rise condominium residential use and multifamily residential use, neighborhood retail and office uses, and mixed-use buildings.

(v)

Type 5 - Special Use Typology. The Special Use Typology applies to lands located at destinations that have a singular use functionality, which generate high transit ridership, but do not align with a traditional mixed-use TOD pattern. Examples include airports, hospitals, schools, universities, and entertainment venues. Residential density will vary at these locations, but the intensity and pedestrian activity will be high. Modes of transportation should include a premium transit service which can adequately handle the demand, and low speed alternative mobility solutions which help create connections from the transit station to nearby destinations. Parking design requirements within this typology also varies based on location, but should prioritize vertical parking structures that efficiently utilize parking footprints, and incorporate ground floor retail or commercial uses.

(b)

Elements of the TOD master plan. The TOD master plan shall address the following elements:

(1)

Community vision. A vision for the community should be developed through an educational and participatory planning process utilizing tools such as informational sessions, public workshops, and smaller stakeholder meetings to isolate major themes expressed by the community. Resultant themes should be used to craft an overall vision for the TOD, which acts as the foundation for the development of the TOD master plan and its accompanying zoning overlay.

(2)

Urban design. The TOD master plan should recommend design standards that affect at a minimum sidewalk and building placement, sidewalk width, building articulation, and relationship of buildings to the street. These design standards are more rigorous than those included in other provisions of the Ordinance Code. In providing regulations that promote walkability, multiple modes of travel, a mix of housing, quality active recreation and open space, and complementary design features, the TOD master plan is able to steer development in a direction that supports the community vision while promoting interconnecting neighborhoods and communities.

(3)

Connectivity. The TOD master plan should encourage dense development at activity nodes such as transit stations, providing much needed mobility options for all members of the community. Additionally, the TOD master plan should develop an integrated street and pathway network to ensure safe and convenient travel for all modes of transportation. The network should encourage additional streets to make smaller, more manageable blocks for people traveling on foot. The network should also include enhanced connections to existing and proposed trail systems, encouraging access to recreational opportunities, while on-street bicycle lanes and facilities make bike-riding safer and more efficient.

(4)

Active recreation and open space. The TOD master plan should recognize that integrated, well designed, and accessible active recreation and open space is critical to achieving the vision of the TOD. In particular, the higher density and compact character of TOD development requires an approach to active recreation and open space that recognizes the different needs of TOD inhabitants. Denser, more urban communities require increased urban active recreation and open spaces such as plazas, private open space, storm water gardens, water efficiency landscapes, on-site renewable energy systems, and landscape methods that can reduce the urban heat island effects. Alternatively, more residential districts should be connected with active recreation and open space such as pocket parks, which provide open space at a more local level. The TOD master plan should recognize the different needs of varying areas within the TOD area and include specific regulations based on such needs.

(5)

Land use and density. Providing a mix of uses in close proximity to one another is vital to the prosperity of a TOD. The TOD master plan should analyze existing land use and zoning within the TOD boundary. The analysis should cover current land use trends such as undeveloped or vacant properties and existing zoning, including those developed through existing Neighborhood Plans. After reviewing the existing land use patterns, the TOD master plan shall recommend land use designations that encourage an appropriate mix of residential, commercial, retail, office and other suitable uses. The TOD master plan shall further recommend building height, Floor-Area Ratio (FAR), and housing densities to support transit in the area while integrating the TOD into the surrounding community.

(6)

Sustainability. Achieving a sustainable future means meeting the needs of today without compromising the needs of the future. Under this philosophy, this process aims to build more livable communities. A primary goal of the TOD zoning overlays is to promote development and redevelopment in areas well supported by transit. Compact and connected development will help the City and the region address continued population growth and increasing greenhouse gas emissions, resulting in impacts on climate change. Additionally, setting sustainability goals for the built environment is an important component of an environmentally responsible community. The TOD master plan should promote sustainability and active measures to protect against unwanted environmental impacts. The TOD master plan should set specific goals for green building, renewable energy, and sustainable technologies and incorporate these measures into the larger community vision for the TOD.

(7)

Affordability. Including affordable housing in TODs can provide lower income households with improved transportation access to employment and services. Reduced transportation costs can improve the ability of low-income families to afford housing payments. The TOD master plan should take into account affordable housing needs and include an affordable housing analysis and feasibility review that describes potential strategies for achieving affordable housing goals.

(8)

Infrastructure Assessment. Some TOD areas may be located within existing urban environments, while others are located in or near currently undeveloped areas of the City. TODs encourage density and connectivity, but acknowledge the necessity of infrastructure support for this type of development. The TOD master plan shall provide an analysis of existing conditions including water, wastewater, and stormwater systems, which can identify future needs and methods for addressing flood, water quality, and erosion issues.

(9)

Financial analysis. Projects incorporating higher density development with increased multi-modal connectivity tend to have higher construction costs than those with less dense and less connected development patterns. A TOD area located within a moderate financial market may require additional economic support to offset what could be higher construction costs. The TOD master plan shall evaluate market conditions within each TOD and then evaluate financial strategies that can be applied to realize the TOD vision. Some financial tools include the creation of parking districts, the assembly of a development site that can be sold or leased at a discount to developers, and catalyst projects. In particular, catalyst projects can be used to demonstrate creative approaches to tackling issues such as affordable housing, infrastructure costs, and parking and serve to stimulate subsequent development to provide mixed-income and market-rate residential projects. In addition, the TOD master plan should provide a future financing implementation plan that takes into consideration a range of market issues.

(10)

Implementation plan. The implementation of the plan, along with other TODs surrounding the existing and proposed JTA premium transit stations, is expected to support ridership on JTA services and take full advantage of public transit investments and the development potential of the station areas. The TOD master plan shall outline partnerships and mechanisms for TOD implementation including financing and value capture strategies as well as governance structure.

(c)

Phase II - TOD Zoning Overlay. In accordance with the TOD master plan, the TOD zoning overlay shall be created which builds, refines, and codifies the implementation tools outlined in the TOD master plan, and should reflect the zoning, land uses, densities, active recreation and open space, height limitations, transitions to existing neighborhoods, sidewalk widths, building frontages, entrance locations, and other design aspects as addressed in the TOD master plan. The boundaries of the TOD zoning overlay may be less than the boundaries of the TOD master plan. The TOD zoning overlay is the mechanism for the allocation of entitlements within the TOD area.

(d)

Elements of the TOD zoning overlay. The TOD zoning overlay shall include and address, as appropriate, the following elements:

(1)

A narrative describing zoning, land uses, densities, height limitations, transitions to existing neighborhoods, sidewalk widths, building frontages, entrance locations, and other design aspects as addressed in the TOD master plan;

(2)

A site plan at suitable scale depicting and labeling the zoning and land uses of all areas within the TOD zoning overlay, as well as proposed street and sidewalk layouts, building frontages, entrance locations, landscaping, open spaces and any other design aspects as addressed in the TOD master plan capable of graphic depiction;

(3)

A description of all entitlement allocations within the TOD zoning overlay;

(4)

A description of all development standards; and

(5)

Mechanisms and incentives promoting orderly development within the TOD zoning overlay so that each designated use may be realized within a reasonable time horizon in order that the integrated, interconnected, pedestrian-friendly and transit-oriented goals of the TOD master plan can be achieved.

(e)

Executive summary. Following the completion of the TOD zoning overlay, JTA shall prepare an executive summary or similar document explaining in reasonable detail how the TOD master plan and zoning overlay address each of the requirements and elements provided in this Part 14, and identifying all land uses and entitlements established in the TOD zoning overlay.

(f)

Comprehensive Plan. The TOD master plan and zoning overlay must be consistent with the applicable provisions and requirements of the Comprehensive Plan.

(Ord. 2022-526-E, § 1)

(a)

Pre-application charettes. Prior to the preparation of an application for the establishment of a site-specific TOD master plan and zoning overlay under this Part 14, JTA shall conduct a series of charettes with written notice to the Department, the Public Works Department, other affected and/or interested City departments as requested by the Department, the Council member of the district within which the proposed TOD is located, the Citizen Planning Advisory Committee of the district within which the proposed TOD is located, any registered neighborhood organizations serving a neighborhood area located within 350 feet of any boundary of the proposed TOD, each owner of real property located within the boundaries of the proposed TOD and within 350 feet of any boundary of the proposed TOD, and the Florida Department of Transportation. The purpose of the charettes is first to educate stakeholders about the TOD vision and the TOD master plan and zoning overlay concept, then to present initial proposals for the TOD master plan and zoning overlay and solicit comments, and last to present finalized versions of the TOD master plan and zoning overlay. JTA will be responsible for documenting the charette process and providing minutes or written summaries of the presentations made and comments received. JTA shall also document the evolution of the TOD master plan and zoning overlay through the charette process and JTA's reaction to the comments received. JTA must support the development of the TOD master plan and zoning overlay with appropriate data and analysis, which must be presented in reasonable detail to the charette participants. To the extent reasonably practicable, JTA should endeavor to develop the TOD master plan and zoning overlay such that the same accommodates as many stakeholder interests as possible. As they become available, JTA should post the TOD master plan and zoning overlay and the revisions thereof throughout the stages of development on a separate page linked to the home page of its website and devoted exclusively to the proposed TOD.

(b)

Charette notices.

(1)

Mailed notice. Each charette notice required under Section 656.1407(a) must include a conspicuous heading stating that it is a notice of a public meeting for the development of a Transit-Oriented Development master plan and zoning overlay, must identify the date, time and place of the meeting, must state that the purpose of the meeting is the development by JTA of a site-specific TOD master plan and zoning overlay under this Part 14, must include a graphic depiction showing the location of the proposed TOD and the immediately-surrounding area with street names and/or other landmarks sufficient to identify the impacted area, must include sufficient information for interested parties to contact JTA regarding the proposed TOD, and must state that all interested persons are invited to attend. Each notice must be mailed to the stakeholders identified in 656.1407(a) at least 14 days prior to each charette. Notices to the owners of real property located within the proposed TOD and within 350 feet of any boundary thereof shall be mailed to the address of each according to the most recent ad valorem tax roll. JTA shall prepare a certificate of its compliance with the mailing requirements of this subsection identifying all addressees and their addresses for filing with the application under subsection (e) of this Section.

(2)

Published notice. JTA must publish a notice of each charette in a newspaper of general circulation published in the City at least 10 days prior to the date thereof. The published notice must contain the same items and information specified for mailed notices under Section 656.1407(b)(1).

(3)

Website notice. JTA must post a notice of each charette in a conspicuous location on its website. The posted notice must contain the same items and information specified for mailed notices under Section 656.1407(b)(1).

(c)

Pre-application conference. Following the completion of the charette process, and prior to preparing an application for the establishment of a site-specific TOD master plan and zoning overlay, JTA shall schedule a pre-application conference with the Department to discuss the same. The purpose of the pre-application conference is for JTA to inform the Department regarding its intent to prepare and file the application, to assist JTA in causing the application to be as consistent as practicable with these and other applicable regulations, to provide JTA recommendations to inform and assist with the preparation of the application and its components, and to address any other matters deemed relevant and appropriate by the Department.

(d)

Authorization to file an application for establishment of a site-specific TOD master plan and zoning overlay. Following the pre-application conference, a written application for the establishment of a site-specific TOD master plan and zoning overlay shall be prepared by JTA and submitted to the Department prior to filing. The Department shall verify that the application is complete and sufficient for review, including any specific requirements from the pre-application conference. The Department shall notify the JTA in writing regarding its sufficiency determination. If the application is determined to be insufficient, JTA may revise and resubmit the same to the Department for a further sufficiency determination. Upon the determination by the Department that the application is sufficient, JTA may formally file the same with the Department through such process or portal as the Department may direct.

(e)

Application for Establishment of a Site-Specific TOD Master Plan and Zoning Overlay. The application shall identify the name of the TOD and be accompanied by the following, in sufficient copies as deemed necessary by the Department for referrals and recommendations:

(1)

The TOD master plan and zoning overlay as finalized during the charette process;

(2)

The executive summary or similar document required under Section 656.1406(e);

(3)

A description of the land within the proposed TOD sufficiently detailed for physically locating the same;

(4)

A map of suitable scale depicting and labeling each parcel within the proposed TOD, together with a table identifying the owner(s) of each parcel and the mailing address(es) thereof on the latest ad valorem tax roll;

(5)

A list of the dates, times and locations of each charette;

(6)

The minutes or written summaries for each charette;

(7)

A specimen copy of the notice of each charette and the certificate of mailing thereof;

(8)

Proof of the publication of the notice of each charette;

(9)

All data and analysis used in the development of the TOD master plan and zoning overlay; and

(10)

Such other information or documentation as may reasonably be approved or required by the Department.

(f)

Processing of an application. An application for the establishment of a site-specific TOD master plan and zoning overlay shall proceed in general as other applications for rezoning.

(Ord. 2022-526-E, § 1)

Upon City Council approval of a TOD master plan and its corresponding zoning overlay, the zoning classifications of the land within the TOD shall be as depicted and described in the TOD zoning overlay.

(Ord. 2022-526-E, § 1)

(a)

Applications and Recommendations. Applications filed by individual property owners, or JTA, to amend or modify the adopted TOD zoning overlay or overlay provisions, to add land to the TOD zoning overlay, and/or to remove land from the TOD zoning overlay, shall be processed in accordance with Section 656.121, Ordinance Code. Applications and additional documents subsequently filed by the applicant with the Department shall be provided to JTA for review and comment regarding consistency of the application with the TOD master plan and TOD zoning overlay. A copy of the Department recommendation report shall be provided to JTA.

(b)

Additional Criteria. In addition to the criteria set forth in Section 656.125, Ordinance Code, an applicant for a proposed zoning request has the burden of proving by substantial, competent evidence that the proposed application is consistent with the following criteria:

(1)

Whether the proposed request is consistent with the TOD development standards set forth in Section 656.1405, Ordinance Code; and

(2)

Whether the proposed request furthers the vision, goals, and elements of the designated TOD master plan and zoning overlay.

Approval of the proposed zoning request shall be accomplished by an appropriate amendment to the TOD master plan or TOD zoning overlay, or both.

(Ord. 2022-526-E, § 1)