§ 47-37A.10. Review process.

The review process for a rezoning to ID district is as follows:

A.

A pre-application conference with the department shall be required prior to submitting an ID rezoning application. The purpose of the pre-application conference is to allow the applicant and staff to discuss the proposed design concept of the development plan and how it complies with the conditions and criteria specified in this section, as well as the review process.

B.

Rezoning application review. The ID rezoning application shall be reviewed in accordance with Section 47-24.4.C. As part of the approval of the rezoning, offsite and on-site conditions may be imposed if the condition is necessary to ensure that the development meets the requirements of Section 47-37A; ensures that the ID is compatible with the neighborhood; mitigates any adverse impacts which arise in connection with the approval of the rezoning or any continuation thereof. Conditions for approval may relate to any aspect of the development, including, but not limited to, height, bulk, shadow, mass and design of any structure, parking, access, public transit and landscaping requirements. A planning and zoning board recommendation of approval of an ID rezoning application requires an affirmative vote of a majority plus one (1) additional member of the planning and zoning board members present at the meeting at which the vote is taken. Any decision or action by a lower body such as the development review committee, historic preservation board or planning and zoning board with regard to development of an ID which decision or action could be appealed or be subject to city commission request for review shall act as a recommendation and the decision or action shall be considered by the city commission as part of the review of the ID zoning district. Notwithstanding the provisions of Section 47-24, the application shall be subject to two (2) quasi-judicial proceedings in which it will be the burden of the applicant to demonstrate by competent, substantial evidence in the record, compliance with the provisions hereof.

C.

No ID rezoning application shall be approved except on the affirmative vote of a super majority of four (4) members of the city commission.

( Ord. No. C-13-42, § 2, 10-1-13 )