BIL 215 Draft 01 2008-2010 - Laserfiche WebLink

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development be of a scale consistent with the standards of a "neighborhood center" as described in the general plan. (i) The restrictions on occupancy shall not apply to the construction of infrastructure such as water tanks, roads, sewage treatment plants, or other project elements that do not generate substantial traffic. (j) The council may designate critical road areas by ordinance. (k) In a critical road area, 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 fifty or more peak hour trips, and to prevent applicants from going below the TIAR threshold by dividing a project into segments, the director shall review all development proposed on the same or adjacent properties, and shall include traffic that may be generated by any development application approved after the effective date of this ordinance, or by any other pending development application, if it is on a portion of the same lot or tax map key parcel, or an adjoining lot or tax map key parcel, or in the immediate vicinity of the development. (m) A change of zone application shall not be granted unless: (1) the department of water supply has determined that it can meet the water requirements of the project and issue water commitments using its existing system; or (2) specific improvements to the existing public water system, or a private water system equivalent to the requirements of the department of water supply will be provided to meet the water needs of the project and conditions of zoning delay occupancy until the necessary improvements are actually constructed. (n) To facilitate the development of village centers in rural areas that are not currently served by a public water system, the council may waive the water supply requirements for rezonings for commercial or light industrial uses in areas that do not currently have a public water system, and where the department of water supply has no plans to build a public water system, and which are (1) designated as an "urban and rural center" or "industrial area" on table 14 -5 of the general plan and (2) designated for urban use on the land use pattern allocation guide map of the general plan; provided that conditions of zoning shall require water supply consistent with public health and safety needs such as sanitation and fire - fighting. (o) A change of zone application shall not be granted unless: (1) The department of parks and recreation has determined that it can meet the recreational requirements of the project using its existing facilities and staff; or (2) Specific improvements to the existing public parks and recreational facilities, or private parks and recreational facilities approved by the department of parks and recreation will be provided to meet the recreational needs of the project and conditions of zoning delay occupancy until the necessary improvements are actually constructed. The minimum standard for determining adequacy of parks and recreational facilities shall be five acres of public park area with developed recreational facilities for each one thousand residents in the district(s) in which the change of zone is located. Only developed park areas, of the active neighborhood and playground /ball field type, within a five -mile radius of the proposed rezoning shall be counted when assessing the adequacy of existing facilities to meet the recreational needs of the project. 4 t•