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HomeMy WebLinkAboutSTAFF REPORT - 08-00536 - Hemming Corp - 130 & 124 W 1st S, 226 S 1st W - Rezone to Hemming ProZoneCommunity Development Department STAFF REPORT 12 North Center Rexburg, ID 83440 SUBJECT: APPLICANT: PROPERTY OWNER(S): PURPOSE: PROPERTY LOCATION: PROPERTYID: COMPREHENSIVE PLAN: CURRENT ZONING: garyi@rexburg.org Phone: 208.359.3020 x314 www.rexburg.org Fax: 208.359.3024 Rezoning Application, file # 08 00536 Hemming Corp Lane Hemming 3113 W 1000 N Rexburg, ID 83440 CITY OF REXBURG 04 Amerlw' Family Community Request to rezone area from MDR Iand HDRI to the Hemming PRO Zone, a mixed use zone. 130 & 124 West 15` South, and 226 South 15I West RPRRXB10404650, RPRRXB10404630, RPRRXB10540010, RPRRXB10540030, RPRRXB10540730, RPRRXB10541450 Mixed -Use Medium Density Residential 1 (MDR 1) High Density Residential 1 PROPOSED ZONING: Hemming PRO Zone (Project Redevelopment Option) SURROUNDING LAND USES AND ZONING: Dormitory housing (north portion of application), High Density Residential 1 (HDR I), and Hemming PRO Zone. Dormitory housing (south portion of application), Medium Density 1 (MDRI), and Hemming Pro Zone. APPLICABLE CRITERIA: City of Rexburg Development Code (Ordinance Code 926) § 6.14 Amendments to this Ordinance § 3.30 Project Redevelopment Option (PRO) AUTHORITY § 6.14 (E) "The Commission may recommend that the amendment be granted as requested, that it be modified, or that it be denied" § 3.30.050(B) "The Planning Commission may recommend and the City ouncil may adopt, modifications to PRO regulations and standards proposed by and applicant who, in the pinion of the approving authority, is needed to meet the intent and requirements of this chapter. " Case No. 08 00536 Page 1 1 I. BACKGROUND The application is for a continuation of the previously approved Hemming PRO zone, which the Council approved on August 6th, 2008. This proposal is contiguous with the existing Hemming PRO Zone both on the north and south sides of the Hemming PRO Zone. A PRO zone allows for the establishment for an entirely new zoning category within the City's Development Code (Currently Ordinance #926). The PRO must address all standards found in other zones such as setbacks, lot coverages, building heights, etc. The proposal is to continue with what was approved with the original Hemming PRO Zone. No change to the ordinance is being proposed, only the boundaries. The Rexburg Development code allows for the Commission to make recommendations to the City Council regarding whether or not the property should or should not be rezoned based on the criteria found in section §6.14 (E)(1), and §3.30.050(B) II. SITE DESCRIPTION The site is located in two areas and they are not connected to each other, but are contiguous with the Hemming PRO Zone. The north request is located on W Vt South, a local street, and is between s l' West and S 2"d West. The south portion of the request is located at the south west intersection of S ls` South and W 2"d South. The total area involved in this re -zoning request is approximately 1.5 acres, which if approved will result in a Hemming PRO Zone that equals 12.5 acres of land. There are several tax lots involved in this request; these lots are currently being used as dormitory housing. The surrounding area is a mix of residential and some commercial uses. The University is generally within a block from the site. To the west, but across S 2"d West, is Porter Park, a 10 -acre city park. III. ANALYSIS As a PRO Zone, the request would normally require the Commission and Council to review the proposal against two sets of criteria, one set is for the request to rezone, the other set is criteria that a PRO Zone is specifically required to address. However, as this request is to only change the boundary. Below, staff has provided all the criteria listed by Ordinance 926 (Development Code) that are required to be addressed, followed by staff's analysis of each criterion. Criteria Rezone Requests (46.1400)): a. Be in conformance with the City's Comprehensive Plan The comprehensive plan map, or preferred land use map, designates the subject property as Neighborhood Commercial/Mixed-Use. b. The capacity of existing public streets, water and sewer facilities, storm drainage facilities, solid waste collection and disposal, and other utilities. The proposal is for an area of existing and functioning infrastructure. New construction will require a review and analysis by the City Engineer to determine adequate capacity of infrastructure. This criterion is therefore met. Case No. 08 00536 Page 2 c. The capacity of existing public services, including but not limited to, public safety services, public emergency services, schools, and parks and recreational services.. As an infill project, the area currently has access to all public services described, therefore this criterion is met. d. The potential for nuisances or health and safety hazards that may adversely affect adjoining properties. The Commission should review the language of the approved Hemming PRO Zone and make a determination as to whether or not this proposed boundary change will have an adverse affect on adjacent property, and the surrounding neighborhood. A determination should be based on compatibility issues that generally relate to zoning requirements such as building setbacks, building heights, lot coverage, amount and location of landscaping, parking lot standards, etc. Staff has a provided a review of the proposal and has provided proposed conditions of approval that are intended to increase the proposal's likelihood of being compatible to adjoining properties and the neighborhood. The Commission should make a finding as to whether or not this criterion is met. e. Recent changes inland use on adjoining properties or in the neighborhood of the map revision. Due to the original Hemming PRO Zone approval, much of the surrounding area has been rezoned to this new zone. However, the Planning Commission during the original hearing recommended a condition that the approximate 11 acres of proposed Hemming PRO zone be limited to only a Phase 1. This was to enable the City to see if the Hemming PRO Zone was accomplishing its intent before additional phases were to be approved. The applicant, at that time, stated that they understood the Commission's concerns and would be agreeable to limiting the rezone to only one phase for a period of time. However, at the Council level this proposed condition was not included in the approval of the Hemming PRO Zone and all 11 -acres were included in the approval. A condition of approval that was approved was the condition that states, "As the developer and the City are prepared, the applicant can come forward with an additional to be rezoned to the Hemming PRO zone. The Hemming PRO Zone is allowed to be extended as long as it is determined that the zone is being utilized to create a cohesive development and neighborhood, not just to utilize the flexibility of setbacks and parking standards. Each additional boundary modification should be based on a specific proposal." "If the Hemming PRO zone is not moving forward with actual construction of buildings and uses that are substantially the same as proposed and intended during the rezone request, then the City shall initiate a reversion to the previous zoning (most recent prior to the PRO Zone designation). This time limit should include an 18 month period. The time shall begin at the adoption of the Hemming PRO zone or at each phase. Within the 18 month period a building permit shall be submitted that requests approval of a substantial building that is consistent with the intent of the Hemming PRO zone. No new phases should be considered until at least fifty (50) percent build out has occurred on previous phases." Case No. 08 00536 Page 3 Staff would point out that no projects have been completed within the Hemming PRO Zone boundaries, and a 50% build out has not occurred of the other areas designated Hemming PRO Zone. The Commission should determine whether or not this proposed Hemming PRO Zone boundary expansion as conditioned will impact or be impacted by adjoining properties or the neighborhood. Criteria use for PRO Zone requests (43.30.050(C)): 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: f. Further applicable provisions of the Vision 2020 Comprehensive Plan and any applicable master plan, particularly provisions which establish density limitations. The 2020 Comprehensive Plan is not yet adopted, but as was mentioned, the proposal is consistent with the comprehensive plan map designation of mixed-use. This criterion is therefore met. g. Conform to applicable chapters of this Title and except as may be specifically amended by the adopted PRO Zone text. Where the Hemming PRO Zone has not modified standards, all applicable Development Code standards will still govern the property. It was not intended that the Hemming PRO Zone be exempt from the architectural design standards found within the City's Development Code. Therefore, where the Hemming PRO Zone does not offer specific guidance on design standards, then the default standards are those found in the City's Development Code. h. Preserve and enhance the subject property and neighborhood by achieving integrated planning and design. This criterion was discussed at the original public hearing and a determination by the Commission and Council was made that the proposal as written will achieve integrated development within itself and with the neighborhood that it is located, and will it enhance the area. The Commission should determine if the proposed boundary change continues to advance this criterion. i. Be compatible with development on adjoining and nearby property, both existing and as envisioned by the Rexburg Comprehensive Plan. Within the staff report prepared for the original establishment of the Hemming PRO Zone, staff made the following comments: "It does not appear that there are any foreseeable impacts by this proposal, as conditioned. However, staff would recommend limiting the area to be rezoned. A better approach would be to limit the rezoned area to only a "phase 1" of a multi -phased approach. This would allow the developer to proceed with a limited area of development as well as allow the City to find out if there are any unintended consequences to this Hemming PRO zone category. Staff would recommend limiting the proposed zone change to the southwest area of the proposal. Specifically to the areas of mixed-use development on both sides of W 2nd South, and the proposed Hotel/Lodge area (see proposed conditions of approval)." "As the developer and the City are prepared, the applicant can come forward with the next phase to seek a rezone. Staff would recommend that in the future, the Hemming PRO Zone be allowed to be extended as long as it is determined that the zone is being utilized to create a cohesive development and neighborhood, not just to utilize the flexibility of setbacks and parking standards. Each additional boundary modification should be based on a specific proposal." Case No. 08 00536 Page 4 The City should not continue to expand the boundaries of a zone that has not yet shown that it will satisfy this criterion. With a zone that has such flexabilility, the City should move forward cautiously to avoid any unintended consequences. As the Hemming PRO Zone develops and shows that by using the PRO zone that better development can be achieved as is compatible, further boundary changes could be explored. j. Minimize the effect of traf lc congestion and improve parking and air quality, including providing opportunities for alternative modes of transportation such as walking, bicycling, or transit. As originally conditioned, this criterion and many others are addressed. IV. STAFF RECOMMENDATION The Commission should review the Hemming PRO zone proposal and the applicable criteria. Staff recommends that the Commission take public testimony, and determine if the proposed re -zoning request satisfies the above criteria. However, staff points out that the original conditions for the Hemming PRO Zone prohibit the expansion of the zone until certain criteria are met including development occurring, and not until a 50% build -out has occurred. Currently the City has only approved a building for the Hemming PRO Zone, albeit a significant building for the project. However, there is a tremendous amount of the existing Hemming PRO Zone not yet addressed. In addition, a Hemming PRO Zone expansion should not occur unless a specific project is represented, and none has been proposed with this application. The City should hold off on any approvals of Hemming PRO Zone expansions until the above mentioned conditions are met. If the Commission can make a finding that the criteria for approving this PRO zone expansion are met, then a recommendation of approval, or approval with modifications/conditions should be made to the City Council. Proposed Conditions of Approval 1. All conditions of approval that were applied to the original approval of the Hemming PRO Zone shall apply to this proposal. MITNUtxhBihIhbiiM Page 5