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Part 20.25L Office and Limited Business-Open Space (OLB-OS) District

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In addition to the decision criteria applicable to requests for a rezone set forth in LUC 20.30A.140, a rezone of property to the OLB-OS land use designation shall only be approved if the subject property fulfills the following criteria:

A. Property Characteristics.

1. The property consists of at least 25 contiguous acres;

2. Forty percent of the gross land area, including any critical area, of the subject property must be retained or developed as open space as defined by LUC 20.50.038 for public use and public access. The area reserved as open space shall consist of contiguous acres.

3. The owner or owners of the subject property agree to comply with all the provisions of this Part 20.25L LUC, including the requirement to reserve the required amount of open space for public use and public access.

The portion of any property designated OLB-OS that is reserved as open space shall be referred to as the Reserved Area and that portion of the property that is not reserved as open space shall be referred to as the Development Area.

For purposes of this section, lots divided by a street are considered contiguous if the lots would share a common lot line if the street were removed.

B. Required Open Space Reservation.

1. Evidence of Reservation. Approval of a rezone to OLB-OS shall be conditioned on the property owner recording a deed restriction limiting the use of the Reserved Area to open space uses as described in paragraph B.2 of this section. The deed restriction shall be recorded by the owner of the Reserved Area in a form acceptable to the City, and notice placed on the title to the Reserved Area. The deed shall also evidence a right of public access across the Development Area in a form acceptable to the City if necessary for public access to the Reserved Area.

2. Uses in Reserved Area. The Reserved Area shall be maintained at least consistent with the definition of open space in LUC 20.50.038. The property owner may, at its election, develop the Reserved Area as a public, private or City park, consistent with LUC 20.25L.020 and the regulations of the LUC.

C. Concomitant Agreement. For purposes of mitigating the impacts of a rezone to OLB-OS on adjacent properties, the City is specifically authorized to require that the applicant enter into a concomitant agreement with the City as a condition of the rezone to OLB-OS, and may through that agreement identify the location and size of the Reserved Area, the internal and external setbacks as modified pursuant to LUC 20.25L.030, and the total amount of square footage of development allowed in the Development Area. The concomitant agreement provisions authorized in this subsection C are in addition to any other provisions authorized pursuant to LUC 20.30A.155. (Ord. 5683, 6-26-06, § 24; Ord. 5403, 8-5-02, § 11)