BIL 318 Draft 03 2004-2006 - Laserfiche WebLink

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oeneral public and was not necessazv primarily for the benefit of the proiect In seneral roads that are necessary for access to or within a development or turn lanes for a private proiect shall not qualify for fair shaze credit. (h) The following tunes of rezoning applications shall be required to submit a TIAR when reauired by this section but shall not be required to perform azea mitigation: (1) Residential or other rezonin~s where the applicant commits and the conditions of zoniny require, that the proiect eazn at least two times the number of affordable housing credits otherwise reauired under Chaeter 11 County affordable housing policy provided further that the applicant shall be entitled to the full amount of "excess credits" under section 11-15 County affordable housing policy based on the number of affordable housing credits normally required. (2) Rezoning to CV CN MCX PD or ML where the council determines that the proiect will reduce regional traffic congestion by rorovidiny necessary commercial or livht industrial oproortunities to serve an azea where there is a shortave of available space zoned for such uses, and substantial residential development has already been approved provided that conditions of zoning shall ensure that any commercial development be of a scale consistent with the standards of a "neivhborhood center" as described in the General Plan. (i) The restrictions on occupancy shall not aroroly to the construction of infrastructure such as water tanks roads sewage treatment plants or other proiect elements that do not venerate substantial traffic. (i) The council may designate critical road areas by ordinance. ~k) In a critical road azea all rezonings shall be subject to local and area mitigation except as stated in subsection (h). (1) In order to determine whether a rezoning application meets the TIAR threshold of 50 or more roeak hour trips and to prevent applicants from wing below the TIAR threshold by dividiny a proiect into segments the director shall review all development proposed on the same or adiacent properties, and shall include traffic that may be venerated by any development application approved after the effective date of this ordinance or by any other pendinv development application if it is on a portion of the same lot or tax ma~key nazcel or an adioininv lot or tax map key pazcel or in the immediate vicinity of the development. (m) A chanve of zone application shall not be granted unless: (1) the denarhnent of water supply has determined that it can meet the water requirements of the proiect and issue water commitments using its existing svstem• or (2) specific improvements to the existiny public water system, or a private water svstem equivalent to the requirements of the department of water supply will be provided to meet the water needs of the proiect and conditions of zoniny delay occupancy until the necessary improvements are actually constructed. (n) To facilitate the development of village centers in rural areas that aze not currently served by a public water svstem the council may waive the water supply requirements for rezoninvs for commercial or l~ht industrial uses in azeas that do not currently have a public water svstem and where the department 4