The Initiative and this chapter apply to any application for a development which meets all of the following criteria:
(A) The application seeks an Intensification of Use;
(B) The proposed Intensification of Use would regulate either:
(1) A development entirely located upon real property that constitutes 81 or more contiguous acres; or
(2) A development located on real property which is contiguous to other land for which the City Council previously approved an Intensification of Use within the five calendar years preceding the date of determination when all of the real property regulated by the previously approved and proposed Intensification of Use equals 81 or more contiguous acres;
(C) The real property affected by the proposed Intensification of Use is located within the Planning Area;
(D) The 81 or more contiguous acres of real property are found by the City Council, based upon substantial evidence, to be:
(1) Part of, or substantially related to, a development previously approved by the City Council;
(2) Completely owned by the same person or persons; or
(3) Separately owned by persons who are part of a joint venture, or similar cooperative enterprise, who are jointly seeking development approvals for a single or multiple developments.
(Ord. 1188, passed 2-19-08)