Conclusions <br />What this evidence clearly shows is that, with respect to the implications of the Metro Plan's "Mixed Use <br />Areas" overlay, the direct effect is that the S-DW zoning prohibits the area with this zoning from a <br />primary use as a "Drug Treatment Clinic." As explained below, the S-DW zoning as prohibits "accessory <br />uses" (such as parking, storage, etc.) that would be "incidental" to a prohibited primary use.' <br />In addition, the Metro Plan's "Mixed Use Areas" overlay in no way broadens what is allowed on the <br />portion of the site that is zoned C-2/SR. As demonstrated in the legislative history of the S-DW zone, it's <br />purpose and explicit limit on uses was intended to "place primary emphasis on maintenance of existing <br />housing and encouragement of additional high-density residential development. As a secondary <br />purpose, the proposed district permits continuation of existing small businesses and some limited <br />additional commercial and office development." Ordinance No. 18081 Findings page I-5. <br />Finally, the extensive excerpts below from the adopted findings of Ordinance No. 18081 provide <br />additional, compelling evidence of the City Council's intent in their implementation of the "Mixed Use <br />Areas" overlay in the "Eastern Residential/Mixed Use Area." <br />"Under the mixed use district concept approved by the City Council, each specific application of the <br />district must be tailored to the particular area to which it is being applied. This feature allows <br />flexibility so that the uses permitted and the development standards required can be adjusted to <br />best achieve the City's adopted policies while reflecting the particular circumstances peculiar to <br />different areas within the City" <br />"The proposed mixed use district for the Downtown Westside area includes the following elements: <br />"1. Description and Purpose Section <br />"The Description and Purpose Section lists the basic objectives the district is intended to <br />achieve. In this case, the purposes place primary emphasis on maintenance of existing housing <br />and encouragement of additional high-density residential development. As a secondary <br />purpose, the proposed district permits continuation of existing small businesses and some <br />limited additional commercial and office development. * * * * <br />' The EC 9.0500 definition of "Accessory Use" is "[a] use incidental to the primary use of the <br />development site. Table 9.3210 includes "Accessory Uses. Examples related to non-residential uses <br />include storage and distribution incidental to the primary use of the site." The "development site" or <br />"site" in this case is the "undivided tract of land" comprising Lot 100. Because the "Drug Treatment <br />Clinic - Non-residential use is not permitted on the undivided "site," no accessory use incidental a <br />non-permitted use is allowed. <br />ZVR 20-1 (Conte) Additional Application Material #3 Page 6 January 6, 2010 <br />