Purpose. The purpose of this chapter is to help achieve the goals and objectives of the land use, economic development, and housing elements of the Langley comprehensive plan by providing for a program for individual projects that promote infill mixed use development, incorporate more efficient use of land and energy, offer more diverse housing options, include public benefits and that incorporate smart growth designs into new development.

Goals. The goals of the innovative mixed use housing demonstration program are to:

Timing. Upon the effective date of the ordinance codified in this chapter, the city shall immediately begin accepting applications for innovative mixed use housing demonstration project proposals within the central business zoning district. "Mixed use" means a development involving a combination of uses including residential and commercial. Typically, a mixed use project may have commercial uses at street level with residential uses not at street level. Flexibility in the application of this definition may be considered on a project by project basis based upon the benefits derived.

Number of Developments. Except as described below, the city may approve up to three innovative housing demonstration projects; provided, that no more than one project demonstrating the same mixed use housing type may receive final approval within any calendar year, unless additional projects are allowed by the city council as follows:

Materials. Applications for an innovative mixed use housing demonstration project shall be made on forms provided by the city and shall include the following materials:

Applications submitted under this section shall be available for public review for a minimum of two weeks prior to the neighborhood meeting described in Section 18.03.020.

Any applicant shall schedule and host a neighborhood meeting regarding the proposed project following the guidelines established by the planning department and including attendance by city staff. The neighborhood meeting shall be held within two to eight weeks following the application submittal.

Notice of the neighborhood meeting shall be mailed to all property owners and residents within 500 feet of the proposed project. The notice shall provide details of the proposed project, including a description of any modification or flexibility in site design standards that has been requested. The city shall also make reasonable efforts to notify parties who have expressed an interest in the innovative housing program and shall work with the media to inform the community about any proposed project.

Following the neighborhood meeting, the applicant shall consider public input received during the neighborhood meeting and consider recommendations, if any, for revising the proposed project to respond to neighborhood concerns. Any revisions to the proposal shall be provided to the city within 90 days of the neighborhood meeting.

Except for innovative mixed use housing demonstration projects that involve a subdivision as defined by the Langley Municipal Code, the city shall use a binding site plan review process to review and decide on innovative mixed use housing demonstration projects with the additional requirements as described in subsection C of this section.

For innovative mixed use housing demonstration projects that involve a subdivision, the city shall use a subdivision review process to review and decide on innovative mixed use housing demonstration projects with the additional requirements as described in subsection C of this section.

In addition to complying with the approval criteria stated for a subdivision or binding site plan review process, the applicant must demonstrate that:

The Planning Official may request input or recommendations from City Commissions or individual Commission members in the evaluation of projects for approval. Such recommendations are advisory and not binding.

The applicant may propose modifications to the development standards requirements of the Langley Municipal Code upon demonstration that such modifications are important to the success of the proposal as an innovative mixed use housing project and are necessary to meet the intent of this chapter. The city shall prioritize review of any Langley Municipal Code modifications that are deemed appropriate to allow for prompt consideration by the planning advisory board and city council.

Unless otherwise specified in Section 18.03.040, all other regulations and requirements of the Langley Municipal Code shall continue to apply, except that applicants may propose additional modifications to the Langley Municipal Code as provided for in this section.

Planning application fees for the review of the proposed project shall be based on the number of single-family units that would be allowed by the underlying zone, regardless of the number of units being built under this chapter.

Stormwater fees and utility hook-up fees shall be determined based on the actual anticipated usage or on a per unit basis, whichever is less.

The city's approval of an innovative mixed use housing project does not constitute approval of a subdivision, a short plat, or a binding site plan, nor does it exempt the project from proceeding under the review requirements for the type of applicable development review process, or from obtaining all necessary permits required under the applicable building code.

An applicant may request modifications of the application of the provisions of this chapter or other provisions of the Langley Municipal Code related specifically to this chapter, to the extent that such modifications are consistent with the purpose, intent and requirements of this chapter. Modification of the application of the city's shoreline master program and implementing use regulations may only be authorized as a shoreline variance.

The applicant must describe each requested modification in writing, state why the modification is being requested, and describe how the modifications are consistent with the purpose, intent, and requirements of this chapter.

The hearing examiner shall review the requested modification, reasons provided for the modification, and determine whether the basis for the requested modification is reasonably necessary and whether the modification is consistent with the purpose and requirements of this chapter and does not threaten the public health, safety, or welfare. The hearing examiner shall give due consideration to the Planning Official’s recommendations concerning the project proposal. The hearing examiner's determinations shall be reflected in a written decision with appropriate findings and conclusions.

An applicant may request a minor change(s)/revision(s) to a site plan or design elements already approved under this chapter. Such request shall be in writing and shall describe the requested minor change(s)/revision(s), the reasons for requested minor change(s)/revision(s), and describe how the modifications are consistent with the purpose, intent, and requirements of this chapter. The planning official shall review the requested minor change(s)/revision(s), reasons provided for the minor change(s)/revision(s), and determine whether the basis for the requested change(s)/revision(s) is reasonably necessary and is consistent with the purpose and requirements of this chapter and does not threaten the public health, safety, or welfare. The planning official shall then issue a written decision approving, approving with modifications, or denying the requested change(s)/revision(s), and shall make appropriate findings and conclusions.

An applicant may request a major change(s)/revision(s) to a site plan or design elements already approved under this chapter. Such request shall be in writing and shall describe the requested major change/revision, the reasons for requested major change(s)/revision(s), and describe how the change(s)/revision(s) is consistent with the purpose, intent and requirements of this chapter. Any major change(s)/revision(s) to a site plan or design element shall be approved by the hearing examiner. Changes that increase the intensity of development (e.g., trips generated or number of residential units), alter the character of the development or balance of mixed uses, increase the floor area in one building by more than 10%, change access points, move buildings around on the site, reduce the acreage of common open area or buffering areas, or diminish the effectiveness of perimeter buffers are major and shall be subject to the requirements of this chapter.

The planning department will document project process, innovations, and modifications from the Langley Municipal Code and evaluate to what degree they achieve the purpose of this chapter.

The developer or management organization shall submit a periodic report to the city council documenting, describing, and evaluating the results of each project and, if appropriate, making recommendations regarding substantive changes to the Langley Municipal Code based upon the program experience.