HomeMy WebLinkAbout2_21_18 dev. code changes
Dev. Code Changes
Change Section 2.1 Parking Space a. to read:
Visitor Parking in the Pedestrian Emphasis District (PED) consists of the following:
PED Area One (1) may allow parking to be reduced to 6% visitor parking stalls per number of beds.
PED Area Two (2) may allow parking to be reduced to 6% visitor parking stalls per number of beds.
These minimum visitor parking requirements in PED Area One and PED Area Two may only be reduced through the (PED) Conditional Use Permit (CUP).
Explanation: The code had been changed to allow for as little as 3% visitor parking. Our surveys identify the need for 6% as a minimum.
Change Section 2.1 Short Plat to read:
A plat for five (5) or less properties that is reviewed and approved by City Staff only. The Community Development Director and the City Engineer can consider other simple plats on
a case-by-case basis. See Short Plat in Chapter 12 Subdivision Ordinance Section 2.5.
Explanation: Staff felt that other minor plats with over three parcels should be included. Short plats allow the developer to not have to go into Planning and Zoning or City Council
meetings.
Change Section 3.5.150., 3.6.150., 3.7.150., 3.8.150., 3.9.150., 3.10.150., 3.11.150., 3.12.150. Fencing and Screening and 3.14.160 to read:
See Section 4.7
Explanation: These are the “charging” paragraphs for each zone to implement the Highway 20 Corridor requirements found in Section 4.7.
Change Section 3.14.010. Purpose and Objectives to read:
It is the purpose and intent of the Mixed Use (MU) zone to allow flexibility where a variety of housing types may exist among neighborhood-serving commercial and institutional uses.
Mixed use projects are encouraged, but stand-alone residential development is allowed. Higher residential densities are allowed with the highest requiring a mixed use component.
(see section 3.14.030 below).
Explanation: This is the “Intent” language for Mixed Use and was changed to make clear the new flexibility in the uses.
Change Section 3.14.020. Permitted Uses to allow:
Hotel
Explanation: Staff felt that Hotels should be a permitted use in the Mixed Use zone.
Change Section 3.14.030. Mixed Use Percentages and Density to read:
MU projects are encouraged but not required to have residential, commercial or institutional mixture (including other uses as approved by the Community Development Director). The MU
zone allows a maximum residential density of thirty (30) units per acre. Projects shall be allowed an additional residential unit for each one half (1/2) percent of commercial or institutional
use. Mixed use percentages shall be maintained in perpetuity unless a change is requested and granted with a Conditional Use Permit. The use will be monitored by the Community Development
Compliance Officer.
Explanation: Staff felt that there should be an incentive for true mixed use projects. Projects shall be allowed an additional residential unit for each one half (1/2) percent of commercial
or institutional use. Using this formula, a project with 40 units per acre would require 5% mixed use. For comparison, the North Point project has about a 5% commercial component.
North Point has a 50 unit/acre density.
Change Section 3.14.090. Lot Configuration to read:
Projects in this zone are required to be pedestrian friendly developments with buildings facing and in close proximity to the right-of-way. Parking lots are required to be behind buildings.
Other configurations may be considered on a case-by-case basis and subject to a Conditional Use Permit (CUP). Access driveways are restricted to twenty four feet (unless required
to be wider for Fire Apparatus).
Explanation: The previous language addressed density but not lot configuration. Density is now covered by Section 3.14.30.
Add to Section 3.14.0100. Front Yard requirements:
Townhouse type residential adjacent to right-of-way shall have a “daylight basement” or crawlspace with the first floor a minimum of three (2) feet above grade.
Explanation: This requirement is for townhomes facing City right-of-way adjacent to public sidewalks. The raise puts windows higher so that street views are looking only at the upper
walls and ceilings of the units.
Add to Section 3.14.0110. Projections into Yard requirements:
Utility fixtures are not allowed in the front yard setback or in the City Right-Of-Way.
Explanation: This requirement is to keep unsightly utilities in the rear or sides of projects.
Add to Section 3.14.0145. Project Plan Approval:
Landscape plan requirement.
Explanation: This additional language will require landscape plans for Mixed Use Projects. The street view for these developments is critical and landscaping is a key component. Landscaping
is currently required under Yard Requirements. This addition will let the developer know the expectation prior to plan submittal.
Add to 3.17.090. Building Height:
Additional height may be allowed with a Conditional Use Permit (CUP).
Explanation: Staff felt that on a case by case basis and with a Conditional Use Permit buildings higher than fifty five feet could be considered in the Central Business District (Downtown).
The code currently allows this approach in the Mixed Use Zone.
Change 3.16.150., 3.18.150., 3.19.150., 3.20.150., 3.21.150., 3.24.140., 3.25.160. and 3.30.150. a. Other Requirements to read:
Highway 20 Corridor. All development adjacent to the Highway 20 right-of-way must submit a site plan meeting the requirements of Section 4.7 i.v. prior to obtaining a Building Permit.
Explanation: These are the “charging” paragraphs for zones to implement the Highway 20 Corridor requirements found in Section 4.7.
Change Section 4.7 (through a.v.)Screening and Fencing Requirements with the following:
The following requirements are minimum standards. Additional landscaping elements may be allowed as per review by the Community Development Director or Designee. Screening and fences
within the City shall be constructed and maintained in conformance with the following standards:
Screening Requirements.
Parking Areas. An effective minimum five (5) foot wide buffer shall be provided between parking areas for five (5) or more vehicles and existing residential uses, schools, hospitals,
nursing homes and other institutions for long-term human care. Commercial parking lots shall be separated from the City right-of-way with a minimum 10’ wide buffer. Buffers shall
be planted with one (1) 2” caliper deciduous tree and five (5) five gallon shrubs per thirty (30) lineal foot. A six foot tall vinyl or masonry fence may be substituted for the landscape
buffer, but not in front yards or front setbacks, see paragraph b. below. Landscaping must be maintained as in its original design and purpose.
Commercial/Industrial Uses. Where a commercial or industrial use adjoins residential zones, or undeveloped land shown as residential uses on the Comprehensive Plan, there shall be provided
along the abutting property line a yard equal in width to that required in the residential zone. The yard shall be planted with a combination of trees, low shrubs, and ground cover,
and/or a suitable fence (as approved by the Community Development Director or Designee) otherwise in compliance with this ordinance of sufficient height and density to screen the two
parcels. Landscaping must be maintained as in its original design and purpose.
High Density Residential Uses. Where a lot in the HDR or HRD2 district adjoins a lot (not a right-of-way) in the LDR or MDR districts or unincorporated and designated as single-family
on the Comprehensive Plan map, a landscaped buffer shall be provided on said property line. The buffer shall consist of a minimum five (5) foot wide landscaped strip to be planted
with one (1) 2” caliper deciduous tree and five (5) five gallon shrubs per thirty (30) lineal foot. Landscaping must be maintained as in its original design and purpose.
When a public street is located between the front lot line of the HDR zone and the single-family zone, a landscaped buffer seven (7) feet wide or as required for front yard setbacks,
whichever is greater shall be constructed and maintained on the front lot line. The buffer shall consist of a minimum five (5) foot wide landscaped strip to be planted with one (1)
2” caliper deciduous tree and five (5) five gallon shrubs per thirty (30) lineal foot. Landscaping must be maintained as in its original design and purpose.. For Infill/Redevelopment
Projects, see Section 4.16.
Highway 20 Corridor. All development adjacent to the Highway 20 right-of-way must submit a site plan to the Community Development Director or Designee to be approved for design prior
to obtaining a Building Permit. Parcels that are directly adjacent to the Highway 20 right-of-way must have buildings buffered with deciduous 2” caliper trees at 20 foot spacing and
two 5 gallon shrubs between trees. Any building facade adjacent to the Highway 20 right-of-way meeting the requirements of the commercial design standards (including “eyes to the street”
requirements) as found in Section 4.14 may reduce buffering to deciduous 2” caliper trees at 50 foot spacing and eight 5 gallon bushes between trees. Trees and bushes shall be surrounded
with grass, decorative rock, bark or other as approved in the site plan review. A minimum setback of 25 feet is required from any building to the Highway 20 right-of-way or a one to
one setback to height requirement whichever is greater. Landscaping must be maintained as in its original design and purpose.
Open Storage Area. Open storage area in commercial and industrial zones shall be screened from view of the streets by structures or by a landscaped strip at least seven (7) feet in width
with plantings that hide the open storage (as approved by the Community Development Director or Designee). Open storage shall not be located within a required front yard.
Explanation: The Highway 20 Corridor requirements are created to allow “prescriptive” design so that developers can design without having to go to a Design Review Meeting in front of
the Planning and Zoning Commission. The applicant can still meet follow the previous rules if so desired. This rule allows more flexibility for the applicant. The other changes are
for clarification purposes. The size and spacing of trees and bushes is required in other sections.
Add to Section 5.2 Distance for Private Off-Street Parking:
Projects in the Mixed Use (MU) zone are allowed greater than 200’ distance as approved by the Community Development Director or Designee.
Explanation: Staff felt that parking in mixed use should be allowed on a case by case basis to be like “downtown” Central Business District parking where the 200’ rule is not required.
Change Section 9 a. to read as follows:
The parking ratio per student within “Areas 1 and 2” as identified on the attached exhibit map shall be reflective of a market demand as determined by the applicant or land owner. In
some cases it may be reduced to as little as 60% including other parking that is required for guests and management as specified below in paragraphs i., j., and k..
Explanation: Staff felt that 60% was the minimum that parking should be reduced in the Pedestrian Emphasis District (PED). BYUI statistics identify that about 68% of students have
cars.
Change Section 9 j. to read as follows:
j. Visitor Parking in the Pedestrian Emphasis District (PED) may be reduced to as low as 6% visitor parking stalls per number of beds. Visitor parking requirements in the PED may
only be reduced through the (PED) Conditional Use Permit (CUP).
Explanation: The code had been changed to allow for as little as 3% visitor parking. Our surveys identify the need for 6% as a minimum.
Remove the following Section 9 p.:
Lighting fixtures on the property shall not exceed 15-feet in height. This would include wall mounted lights as well as parking lot lights and walkway lights. Any lighting that exists
at the time a property wishes to implement this PED parking standard shall be brought in to compliance with this standard and any other lighting standards per the City’s lighting ordinance.
Explanation: Developers have had issues with the 15’ height restriction for parking lot lighting. The code has “Engineering Standards” that address lighting.
Change Subdivision Code Section 2.3 PRELIMINARY PLAT first paragraph with the following:
APPLICATION. If the sub-divider elects to proceed with the platting process, he shall file with the City Planning and Zoning Office, at least twenty-one (21) days prior to the scheduled
presentation before the Commission, four (4) hard and one (1) digital copy of the completed subdivision application form as prescribed by the Commission, four (4) hard and one (1)
digital 24” x 36” copy of the preliminary plat with data as required by this section.
Explanation: Developers have had to submit 18 copies as per the existing code. By using digital copies we can substantially reduce the amount of paper.
Change Subdivision Code Section 2.5 with the following:
SECTION 2.5 SHORT PLAT
A Short Plat may be requested when all of the following conditions are met:
The proposed subdivision does not exceed five (5) buildable lots
No right-of-way dedication is necessary as required by City Codes and Ordinances unless otherwise approved by the City Engineer
Public improvements, street widening or infrastructure improvements have been
approved by the City Engineer.
No impacts on the health, safety or general welfare of the City of Rexburg
The subdivision is in the best interest of the City of Rexburg
Explanation: Staff felt that other minor plats with over three parcels should be included. Short plats allow the developer to not have to go into Planning and Zoning or City Council
meetings.