Planning board approves text amendment to CIMD rules to allow combined on‑site and off‑site nonresidential credits

The Planning and Zoning Board unanimously approved a city‑initiated text amendment to the City’s CIMD (Commercial Industrial Multifamily Development) rules on Sept. 4, clarifying how required nonresidential components are calculated for CIMD projects.

Peter Begovich, senior planner, presented the ordinance language and background. Begovich said the code currently offers two ways for a CIMD to meet its nonresidential requirement: (1) the project is within a quarter‑mile of at least 25,000 square feet of existing qualifying nonresidential uses (which must include at least 10,000 square feet of restaurant, retail or services), or (2) the project includes on‑site nonresidential space equal to the greater of 5,000 square feet or 10 percent of the project’s square footage (up to 25,000 square feet), with a 2,000‑square‑foot minimum of restaurant/retail/services. Staff found that the code as written unintentionally prevented projects from using a mix of on‑site and off‑site nonresidential space to reach the 25,000‑square‑foot threshold.

Begovich said the proposed amendment creates a third, explicit locational criterion: a CIMD may meet the nonresidential requirement through a combination of on‑site nonresidential development (existing or built concurrently) and off‑site qualifying uses within a quarter mile, provided the total nonresidential square footage equals at least 25,000 square feet and includes at least 10,000 square feet of restaurant/retail/services. The change is intended to allow CIMD applicants to rely on nearby office campuses for some of the nonresidential square footage while still delivering at least a modest amount of on‑site retail or restaurant space where a larger retail base does not exist.

Begovich also noted a technical scrivener correction to remove an irrelevant subsection reference. Staff recommended approval, finding the amendment consistent with the comprehensive plan and helpful in facilitating affordable and workforce housing through the CIMD program. Several public commenters urged caution and argued the change could be used to avoid creating true mixed‑use, retail‑rich developments; staff and the development services director said the amendment fixes an unintended limitation and does not reduce the overall 25,000‑square‑foot nonresidential expectation.

The board voted 7–0 to recommend adoption of the ordinance; the item will proceed to City Council for final action.