HomeMy WebLinkAbout09.07 PRO
City of Rexburg Development Code: PRO
SECTION 9.7: PROJECT REDEVELOPMENT OPTION (PRO)
*All Zoning Standards apply.
(See 3.01-3.06)
9.07.010. Purpose and Objectives 9.07.070. Final Project Plan
9.07.020. Neighborhood Meeting 9.07.080. Zone Designation
9.07.030. Preliminary Schematic Development Plan 9.07.090. Additional Applications
9.07.040. Preliminary Schematic Development Plan 9.07.100 Project Plan Variations and Amendments
Review 9.07.110. Reversion of Zoning
9.07.050. PRO Zone Application Requirements 9.07.120. PRO Zones Adopted
9.07.060. PRO Zone Application Review 9.07.130. Other Requirements
9.07.010. Purpose and Objectives
This chapter creates a regulatory framework to govern the enactment of regulations to further the intent of the
Vision 2020 Comprehensive Plan, particularly, but not exclusively, in older, densely developed areas of the City.
The purpose of the Project Redevelopment Option (“PRO”) zone is to create a regulatory tool that permits initiative
and flexibility in creating well-planned, architecturally-designed development that meets the needs of the
community. The provisions of this chapter shall apply to every PRO zone created under the authority of this
chapter.
a. Objectives.
1. Encourage creative and efficient utilization of land.
2. Encourage assemblage of property to create harmonious and efficient development patterns and
projects.
3. Provide land use and design standards tailored to specific geographic areas so that new development
outcomes are more predictable and compatible with surrounding land uses.
4. Coordinate property development and design, including large-scale facilities, with development, both
existing and as envisioned by the City of Rexburg Comprehensive Plan, on adjoining and nearby
property.
5. Minimize the effect of additional traffic.
6. Improve parking and air quality.
7. Encourage new development that fosters a sense of community.
8. Better manage the location, timing, and sequencing of new development.
9. Provide an opportunity to involve the public.
9.07.020 Neighborhood Meeting.
A neighborhood meeting shall be held at least two (2) weeks prior to presenting
a schematic development plan at a meeting of the Planning and Zoning Commission.
9.07.030. Preliminary Schematic Development Plan
a. Schematic Plan Submittal.
Prior to submitting a PRO application, an applicant may submit a proposed
schematic development plan for the subject property.
1. A schematic development plan shall be considered by the Planning and Zoning Commission and City
Council as provided in this Section.
b. What to Include in a Schematic Development Plan:
A schematic development plan application shall
include the following:
1. Fee. A review fee of five hundred ($500) dollars.
a) Fifty percent (50%) of the schematic development plan application fee may be applied to the
application fee for a PRO zone if the City Council recommends that an applicant submit the
application.
2. A statement detailing efforts by the applicant to assemble property to achieve logical boundaries for
the proposed development.
Page 249 of 362
City of Rexburg Development Code: PRO
3. A schematic development plan which shows how a property could be developed under the proposed
PRO zone regulations.
Scale.
a) A schematic development plan shall be drawn to scale.
Example of Applying Standards.
b) The plan must show a realistic layout reflecting how the
property reasonably could be developed considering the development standards of the proposed
PRO zone.
Present and Future Conditions.
c) The plan should show existing and envisioned conditions on the
subject property and adjoining property.
d) A schematic development plan should show at least the following; whatever is shown shall be
construed as the intent of the plan:
1) Location of proposed uses, including dwelling unit density and occupancy.
2) Height, location, bulk and preliminary elevations of buildings.
3) Location, arrangement and configuration of open space, landscaping and building setbacks.
4) Location, access points and design of off-street parking areas.
5) Number, size and location of signs.
6) Street layout, traffic and pedestrian circulation patterns, including proposed access to the
property.
7) Relationship of the property to adjoining and nearby properties and uses.
Not a Permit.
4. A schematic development plan is not intended to permit actual development of the
property pursuant to such a plan but shall be prepared merely to represent how the property could be
developed.
No Vested Development Rights.
5. Submittal and review of an application for a schematic development
plan shall not create any vested rights to development.
9.07.040. Review of Preliminary Schematic Development Plan
a. Process Leading to the Public Hearing.
Pursuant to the notice and hearing requirements of the State and
Rexburg City Code, the schematic development plan shall be first submitted to the Planning and Zoning
Commission for a recommendation and thereafter to the City Council for consideration. After a public
hearing, the Council may vote to recommend that an applicant:
1. Submit an application for a PRO zone that would allow development:
or
a) As shown on the schematic development plan;
b) As amended to address issues identified by the City Council to accomplish the goals and
or
objectives of the Vision 2020 Comprehensive Plan;
c) Not submit a PRO zone application.
9.07.050. PRO Zone Application Requirements
a. Requirements.
The following materials shall be included with every application for establishment of a
PRO zone:
1. Proposed zone name and location.
Page 250 of 362
City of Rexburg Development Code: PRO
2. A statement showing how the proposed PRO zone relates to the Comprehensive Plan and furthers the
intent of the Plan.
3. A statement detailing efforts by the applicant to assemble property to achieve logical boundaries for
the proposed development.
4. Proposed zone text, including:
a) Permitted, conditional, and accessory uses (specifically listed and defined).
b) Proposed development standards, including:
1) Land use standards establishing land use types, occupancy, location, density, buffering and
any other element envisioned by applicable sections of the general Plan.
2) Lot standards establishing requirements for minimum lot area, depth, coverage and
dimensions.
3) Building setback standards for front, side and rear yards.
4) Design standards addressing building height, building orientation, common and private open
space, natural resource protection, architectural design and any other provisions proposed to
be included in the PRO zone.
5) Landscaping and buffering standards.
6) Parking.
7) A statement that the PRO zone will conform to all applicable chapters of Rexburg City Code,
except as may be specifically amended by the adopted PRO zone text.
8) Evidence of justification for requested changes to such standards. Deviations from parking
and street standards set forth in Rexburg City Code are intended to be rare and shall be
approved by five (5) members of the City Council.
5. A preliminary project plan as provided in this Title and including the following additional information:
a) Relationship of the property to surrounding properties and uses.
b) Number, size and location of all proposed signs.
6. A review fee of one thousand ($1,000) dollars plus a fee of:
or
a) Thirty ($30) dollars for each dwelling unit proposed in a residential project;
b) Ten ($10) dollars for each one hundred (100) square feet of gross floor area in a non-residential
project.
c) A public hearing notice fee as required.
9.07.060. PRO Zone Application Approval
When considering an application for a proposed PRO zone, the Planning and Zoning Commission may recommend,
and the City Council may adopt, modifications to PRO regulations and standards proposed by an applicant who, in
the opinion of the approving authority, is needed to meet the intent and requirements of this chapter.
a. Approval.
A proposed PRO zone application and associated preliminary project plan shall be approved
only if, in the opinion of the approving authority, development proposed on the property will:
Page 251 of 362
City of Rexburg Development Code: PRO
1. Further applicable provisions of the Vision 2020 Comprehensive Plan and any applicable master plan,
particularly provisions which establish density limitations.
2. Conform to applicable chapters of this Title and except as may be specifically amended by the adopted
PRO zone text.
3. Preserve and enhance the subject property and neighborhood by achieving integrated planning and
design.
4. Be compatible with development on adjoining and nearby property, both existing and as envisioned by
the Rexburg Comprehensive Plan.
5. Minimize the effect of traffic congestion and improve parking and air quality, including providing
opportunities for alternative modes of transportation such as walking, bicycling, or transit.
b. Development Agreement.
When deemed necessary or desirable by the City, application and approval of a
PRO zone and/or any development within a PRO zone may require the submission and approval of a
development agreement.
9.07.070. Zone Designation
a. Adopted PRO zone.
Upon approval, each adopted PRO zone shall be listed in Section 9.7.120 of this
Chapter and shall be independent of any other PRO zone.
b. Text Amendment.
A text amendment to this Title which establishes regulations for a particular PRO zone
shall be adopted as an appendix of this Title and shall be identified sequentially, such as Appendix C (1),
Appendix C (2), etc. Each such chapter shall have a unique name combined with the designation "PRO"
followed by a code categorizing the PRO by project type as (B) Business, (A) Apartment or other multi-
family, or (R) Residential - One family, “e” followed by a sequential number without regard to project
category, corresponding to the chapter number for the zone, the first of which shall be "1", as illustrated by
the following hypothetical names:
“Appendix C (1). Imbler Heights (PRO R 1) Project Redevelopment Option Zone.”
“Appendix C (2). La Grande Terrace Apartments (PRO A 2) Project Redevelopment Option Zone.”
9.07.080. Final Project Plan
After approval of a PRO zone and an associated preliminary project plan and prior to the issuance of any building
permits, a final project plan shall be submitted as required by this Title Rexburg City Code.
9.07.090. Additional Applications
Applications for subdivision approval and any other needed permits shall be submitted to implement the approved
preliminary project plan.
9.07.100. Project Plan Variations and Amendments
After a PRO zone is adopted and a preliminary project plan for the subject property has been approved, no material
variations shall be made to the preliminary project plan and the development standards adopted in the applicable
PRO zone unless the zoning text or map, as the case may be, is amended by the City Council to permit such
variation.
a. Restart Process.
Such amendments to an approved preliminary project plan shall be obtained only by
following the procedures required for first approval set forth in this Chapter.
9.07.110. Reversion of Zoning
a.
Substantial action shall be taken to obtain needed additional approvals and begin construction authorized
by such approvals within one (1) year after the approval of a PRO zone.
b. Consequence.
If a final project plan has not been approved within one (1) year after a PRO zone has been
applied to a specific property, action shall be initiated to rezone the property to the zone previously existing
Page 252 of 362
City of Rexburg Development Code: PRO
on the property or such other zone as may be deemed appropriate by the City Council.
9.07.120. PRO Zones Adopted
The following Project Redevelopment Option zones have been adopted:
a. Hemming Project Redevelopment Option Zone
(PRO Zone) - passed by City Council on August 6,
2008.
9.07.130. Other Requirements
a. Uses Must Be in Conformity.
Land or premises shall be used, unless otherwise provided in this
ordinance, in conformity with regulations herein set forth for the zoning district in which said land or
premises is located.
b. Building in Conformity.
No building or structure shall be erected or used unless in conformity within the
regulations herein set forth for the zoning district in which said building or structure is located.
c. Commercial Design Standards
(See Section 7.0.)
d. Lighting Standards
(See Section 3.6.)
Page 253 of 362