§ 47-37A.3. Conditions for ID rezoning.

In addition to the criteria provided in Section 47-24.4.D for a rezoning approval, the following conditions shall apply:

A.

Minimum area for an ID zoning district. The minimum land area required for an application to an ID district shall be two (2) acres, with the exception of land designated as Regional Activity Center which shall be a minimum of one-half (½) acre. In determining the minimum acreage, no improved land area shall be included, unless such improvements are to be demolished or submitted to a substantially different use than the existing use of such improvements (e.g. a church, fire station or office building submitted to residential use); provided, however, in consideration of the dedication to the public or, alternatively, the setting aside for the benefit of the residents or occupants of the proposed ID development of twenty (20) percent of the lands within the ID development to be used for general public open space, or an amenity that has significant artistic, cultural or environmental value, maintained by the applicant and not utilized towards meeting the city's park impact fee requirements. The minimum area of two (2) acres may be reduced upon a finding of substantial public benefit or similar benefit over and above the application of the ULDR; No right-of-way vacations shall be considered, for the purpose of calculating the minimum two (2) acre requirement unless acceptable and like alternate pedestrian and/or multi-modal access is provided.

The restrictive covenants applicable to those portions of the lands set aside to achieve such benefits, which are not dedicated to the public, shall be subject to the provisions of subsection 47-37A.12 and any such agreement contemplated therein shall be recorded in the public records and be binding on the lands of the ID development, and the obligation therein provided, if any, shall be fully insured by a bond or other means. The minimum area requirements contained in this section shall not apply to any ID application pertaining to lands located within the Northwest Community Redevelopment Area.

B.

Consistency with the goals and objectives of plans adopted for the City's Regional Activity Centers. For properties located in the City's Regional Activity Centers, the proposed development shall be consistent with the principles and guidelines of the respective existing and future master plans.

C.

Configuration of the ID zoning district. The tracts of land which comprise the ID zoning district shall be abutting, with the exception of intervening minor streets or alleys.

D.

Entire tract under unified control. An applicant must be the owner or owner's agent of the property with fee simple title.

( Ord. No. C-13-42, § 2, 10-1-13 )