All applicable provisions of Section 14-16-6-4 (General Procedures) apply unless specifically modified by the provisions of this Subsection 14-16-6-7(H).
This Subsection 14-16-6-7(H) applies to any of the following:
6-7(H)(1)(a) An application that would amend the Official Zoning Map to change 10 gross acres of land or more located partially or completely in an Area of Consistency (as shown in the ABC Comp Plan, as amended) or 20 gross acres of land or more in any zone district located entirely in an Area of Change (as shown in the ABC Comp Plan, as amended) to a zone district other than NR-PO-B.
1. All of the equitable owners of land that comprises at least 20 percent of the area proposed for change or 20 percent of the area within 100 feet in any direction (excluding public right-of-way) of the area proposed for change have protested in writing the proposed Zoning Map Amendment.
2. The persons filing the protest have shown that this Subsection 14-16-6-7(H)(1)(b) applies through clear and convincing evidence.
6-7(H)(1)(c) An application to amend the Official Zoning Map by any entity other than the City may not be submitted within 1 year after the date of final action by the City denying or approving (with or without conditions) a prior application to amend the Official Zoning Map with the same requested change.
6-7(H)(2)(d) If the application is for a zone change to an MX-FB, NR-SU, or PD zone district, the associated Site Plan - EPC shall be reviewed and decided simultaneously pursuant to all applicable provisions of Section 14-16-6-6(J) (Site Plan - EPC). A denial of either requested action shall result in the denial of all associated requests.
6-7(H)(2)(e) If the application is for a zone change to the NR-BP zone district, an associated Master Development Plan shall be reviewed and decided simultaneously, pursuant to all applicable provisions of Subsection 14-16-6-6(F) (Master Development Plan). A denial of either requested action shall result in denial of all associated requests.
6-7(H)(2)(g) If the application is for a zone change from an NR-BP zone district to another zone district, and the subject property is within an area with an approved Master Development Plan, the applicant may amend the Master Development Plan pursuant to Subsection 14-16-6-4(Y)(3) (Major Amendments) concurrently to remove the subject property from the Master Development Plan boundary or to add standards to the Master Development Plan relating to the subject property.
1. The City may impose a condition for the applicant to amend the Master Development Plan.
2. If no amendment to the Master Development Plan is made, the property will continue to be subject to relevant standards in the Master Development Plan in addition to any standards applicable to the new zone district.
6-7(H)(2)(h) If the Zoning Map Amendment will result in a zone boundary that does not coincide with a lot line (i.e. create a floating zone line), the applicant shall obtain a Subdivision of Land - Minor or a Subdivision of Land - Major, as applicable, to establish lot lines that coincide with the zone boundary before a zoning certificate will be issued.
6-7(H)(2)(j) If a protest has been received pursuant to Subsection 14-16-6-7(H)(1)(b), the application shall be processed as a Zoning Map Amendment - Council.
1. The final action of the EPC becomes the recommendation to City Council.
2. The application may only be approved if a majority of the membership of the City Council vote to approve the request.
6-7(H)(2)(k) If the Zoning Map Amendment is approved, the applicant may develop with an approved Site Plan, pursuant to the applicability, procedures, and criteria in Subsections 14-16-6-5(G) (Site Plan - Administrative) or 14-16-6-6(J) (Site Plan - EPC) and the requirements for that zone district.
An application for a Zoning Map Amendment - Council shall be approved if it meets all of the following criteria, as applicable:
6-7(H)(3)(a) The criteria for approval of a Zoning Map Amendment - EPC in Subsection 14-16-6-7(G)(3).
1. The NR-BP zone district and Master Development Plan will result in an internally coordinated system of land uses, development intensities, and open spaces that is more consistent with the adopted ABC Comp Plan, as amended, that is visually more attractive to surrounding areas, and that promotes economic development of the city better, than could be achieved without the NR-BP zone district.
2. The NR-BP zone district and Master Development Plan will result in street, circulation, open space, and storm drainage systems that connect and integrate with the City's existing systems.
3. The City and other service providers have adequate infrastructure and public service capacity to serve the proposed development without decreasing service quality to existing City residents or increasing financial burdens on existing City residents, or the applicant has made adequate financial commitments to ensure this result.
1. The proposed amendment and related Framework Plan meet any criteria for approval for a Planned Community adopted by City Council.
2. The Framework Plan for the property will result in street, circulation, open space, and storm drainage systems that connect and integrate with the City's existing system.
3. The Framework Plan for the property accommodates reasonably anticipated growth of the City in a manner that is more consistent with the ABC Comp Plan, as amended, than the accommodation of such growth that could be achieved without the PC zone district.
4. The City and other service providers have adequate infrastructure and public service capacity to serve the proposed development without decreasing service quality to existing City residents or increasing financial burdens on existing City resident, or the applicant has made adequate financial commitments to ensure this result.