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HomeMy WebLinkAboutRFD - 21-00074 - Dev. Code Amendment - Mixed Use #21 00074 Development Code Amendment Mixed-Use Zone February 5, 2021, An application was received for a Development Code Amendment to the Mixed-Use zone from the City of Rexburg. February 9, 2021, Notice was sent to the newspaper to be published on February 16th and February 23rd. February 10, 2021, Staff Reviews were completed. March 4, 2021, Stephen Zollinger presented the application to the Planning & Zoning Commission. 6:40PM - (21-00074) – Development Code Amendment – Mixed-Use (MU). The requirement for a mixture of residential and commercial has been included. Permitted uses and yard requirements have been amended. Some density requirements and parking requirements have been removed. (action) – Stephen Zollinger, City of Rexburg Applicant Presentation – Stephen Zollinger – This is a city-driven change for the Development Code. Staff went through the Mixed-Use zone and reworked troubled areas the city has been having with applications. In the past, there was a Mixed-Use 1 and Mixed-Use 2, which were combined into a single Mixed-Use zone. Builders and Architects were still coming to Staff with questions and concerns about the results of the requirements of the Mixed-Use zone. Alan Parkinson worked with Staff to bring forward these changes presented tonight for commissioner consideration. Commercial Requirement. Staff has removed the ability to have 100% commercial or 100% residential. The changes include an incentive for commercial on the ground floor, by allowing the building to sit on the property line for the commercial component. Residential uses on the bottom floor would need to be set back 5’. The commercial interaction allows for a pedestrian experience. Developers felt this was a reasonable compromise. Fixed Density. The density is a fixed number going forward. Mixed-Use cannot be used to get a better density than is available in other zones. We have taken away the problem of people seeking Mixed-Use to gain net density instead of using High-density Residential with no intention of integrating commercial. Mixed-Use was being used to build buildings up the sidewalk and increase the number of net units. Removal of PED Language. The Pedestrian Emphasis District (PED) is not where we are getting most of our requests. We carved away the emphasis on the PED, designating Mixed-Use as an available zone as long as the request meets the requirements of the zone and matches the Comprehensive Plan. Amended Use Table. The permitted and conditional uses have been modified. This is one more try to get Mixed-Use to work. Commissioner Questions: Chairman Rory Kunz confirmed the commercial element would be allowed to have their setback at 0’. In the first paragraph, the language reads, “A commercial element requires a minimum of one-thousand (1,000) square feet or 10% of grade-level footprint, whichever is greater.” Stephen Zollinger confirmed the size of the commercial could be greater. Whatever portion is commercial is allowed to scoot forward. NorthPoint was used as the model, the minimum standard to be considered for Mixed-Use. Anything less than NorthPoint should be designated High-density Residential. If NorthPoint had chosen to wrap their commercial component around the corner and on down 1st W, they would have been allowed to move their entire building out to the sidewalk, the way it is built on 2nd S. Kristi Anderson read, “Mixed- Use facing Main Street between 2nd W and 2nd E must have 100% commercial at grade-level.” During the form-based discussions we have been having, the use is not defined, but the form is the same. This statement seems contradictory. Stephen answered; this sentence is to bridge the gap. We do not want a project to come in between now and the form-based zoning is approved. Mixed-Use will not be available in the downtown once form-based is adopted. Therefore, this sentence will not apply. In form-based zoning, the form will be built to accommodate commercial on the ground floor and if someone wants to put residential there with 12’ ceilings, they could. Kristi asked about the conditional and permitted use changes. Stephen said the use list was a clean-up effort. Staff looked at the list to make sure Staff knew what those uses are. Staff could not define some uses. In the past, a book for uses was used nationally. One of them was “Membership Lodging”; none of us knew what this was, so we removed this use. A short-term rental cannot be controlled by the City the way it has been controlled due to state laws. “Religious Reading Rooms” has not been requested. We do not regulate where you read your religious books or gather to read your religious books; this would be a complicated problem in Rexburg, Idaho. We will still refer to the national book if a proposed use is not on our list; we will go to the book and find that use to compare in category to a use listed in the zone. Staff doesn’t believe they took out anything that would preclude a use intended to be kept in the zone. Kristi asked about townhouses; why are we deleting those parts? Stephen said one of the primary drivers in the Mixed-Use is to intensify the density. This is a spin-off of form-based; if two-story buildings are allowed to be built, we will not recapture that density. Sally Smith asked for the zoning map be shown to see the Mixed-Use areas. Stephen said Mixed-Use is mainly around the campus along E 1st S. On the North side of E 1st N between N 2nd E and N 1st W, there is a row of Mixed-Use. Ollie Manor on the corner of N 1st E and E 1st N is the first building that is built right out to the street, and is the first venture to Mixed-Use. The corner of E 1st N and N 2nd W behind Broulims and most of the block for Wolfe Lighting is Mixed-Use. The property around Wolfe Lighting is mostly vacant. Main Street has homes designated as Mixed-Use. Mixed-Use fronts Main Street between N 3rd W and N 5th W. Some of this property has assisted living and apartments for elderly living. Mixed-Use, as is currently designated, falls in all of the areas we have been planning to become denser, but we have not seen the movement we have hoped for in the further west properties. This does not change the fact the infrastructure is in place and the traffic patterns would accommodate Mixed-Use or higher-density residential uses. There has been conversion of some single-family homes to rentals on Main Street, but no further consolidation has occurred. The Commission will be able to apply this zone in a more meaningful manner then we have in the past. Aaron Richards said he likes the catch of requiring the commercial; so Mixed-Use is not a work around for increased residential density; good job. The townhome fits in some mixed-use areas; possible 3-story 20’ wide product. Stephen stated the mixed-use designation used to have two zones: one was more of an integrated use and another was more of a stacked use. No requests were made for the integrated use allowing townhomes and commercial built side-by-side. Staff is looking to create more vertical density for Mixed-Use. Townhomes are landing mostly in medium-density or low-density. Summerfield has 114 townhomes. Townhomes are slated for the north part of town. We do not have a deficiency of townhome availability in Rexburg. We continue to have a high-demand for vertical residences for couple rentals. Townhomes are moving away from being owner-occupied to rental properties. As we become more sprawling, we look at Portland, Oregon, where they have created more outlying commercial components, so people do not have to drive all the way into the downtown area. For Stephen, it is a six-minute drive on the west side of town to work. The short drive time reduces the need to put a commercial component out by his home. Some consultants came in a few years ago and placed commercial nodes every two miles. Staff was troubled by one of the placements of the commercial nodes at the cemetery. Randall Kempton looked at pg. 2 and saw townhomes and twin homes are available with a Conditional Use Permit. Aaron Richards asked about nursery schools. Nursery schools are six (6) children and less. Day care is defined as seven (7) children or more. The state uses a licensing difference. “Spas” was moved to a different place in the use list. Vince Haley appreciates Alan’s work on this zone. The addition of the 0’ setback for the commercial use, in a PED zone fits well, but outside of this area, to have commercial up to the property line is concerning for him; he does not believe this fits in some areas. We have some island zones, which could go up to the property line with this requirement. Stephen said the parcel Vince is referring to is one of those who have taken advantage of the Mixed-Use zone for a higher-density. This issue would be addressed during site plan review. Ingress and egress would become an issue if they wanted to build up to the property line. To go right up to the property line and go vertical as tall as possible is a perfect fit in the PED area, but not in all areas currently designated as Mixed-Use. By Sonic, off of 2nd E, this would not fit at all. Stephen said we are stuck with the current zoning. Staff concluded, if we would allow 30 units/acre, doors could swing in and a person could walk out onto the sidewalk. Vince says it is hard to tell someone no, when the rules of the city say yes. Conflict of Interest? - Chairman Rory Kunz asked the Commissioners if they have a conflict of interest or if they have been approached by any parties relative to this particular subject. If you believe your prior contact with respect to this subject has created a bias, you should recuse yourself, otherwise at this time please indicate the nature of your conversation or contact. None.  Chairman Rory Kunz reviewed the public hearing procedures. Favor: None Neutral: None Opposed: None Written Correspondence: None Rebuttal: None Chairman Rory Kunz asked if anyone else would like to speak. He closed the public input portion of the hearing at 7:18p.m. Commissioners Discussion: Vince Haley does not have more to add. Sally Smith asked if people in the mixed-use zones were notified. The owners of the mixed-use parcels were not notified by mail of this development code change. Chairman Rory Kunz said in most of the areas that are Mixed-Use, the commercial use makes sense; there are two to three unique parcels. In the other areas, the sheer size and shape of the lot will govern the density. Light blue on the map is Community Business Center (CBC), calling for commercial uses. Vince Haley clarified he likes the use of commercial; it is the going up to the property line with the commercial he feels does not fits all the areas zoned Mixed-Use now. Aaron Richards said the requirement for commercial outweighs the community impact of the zero-lot line; he likes the incentive for applicants who include the commercial to be able to wave the setback. He likes the townhome use requiring a Conditional Use Permit, requiring further scrutiny. This eliminates manipulation by the private sector; he likes the changes. MOTION: Motion to recommend to the City Council to approve the changes to amend the Development Code for Mixed-Use, because it is about time we cleaned this up and the zone made sense., Action: Approve, Moved by Sally Smith, Seconded by Randall Kempton. Commission Discusses the Motion: None VOTE: Motion passed (summary: Yes = 8, No = 1, Abstain = 0). Yes: Aaron Richards, Chairman Rory Kunz, David Pulsipher, Jim Lawrence, Kristi Anderson, Randall Kempton, Sally Smith, Todd Marx. No: Vince Haley. March 17, 2021, the application was presented to City Council by Alan Parkinson. Planning & Zoning Recommendation to Amend Development Code Ord No 1200 Mixed Use (MU) Zone – Requirements for mixture of residential and commercial, permitted uses, and yard requirements amended. Some density and parking requirements have been removed #21-00074. Designated as Ordinance No 1253 if Motion Passes and Considered 1st Read – Alan Parkinson Planning and Zoning Administrator Parkinson explained he was asked by City Council to review the Mixed Use Zone (MU) to include commercial in the zone. City Staff has reviewed the MU Zone and there have been several proposed changes to the zone. The main change to the zone is the added commercial element. When a development request a MU Zone a commercial space minimum of 1000 square is required; however, if more commercial square feet is requested then 10% of the total building is required. Another change was the ability to have 30 units per acre in density before there was a formula being used to exceed High Density Residential 2 (HDR2). Council Member Flora asked if a Conditional Use Permit (CUP) could be granted to remove the commercial component in the Mixed Used Zone. P&Z Administrator Parkinson replied no the commercial element in the MU Zone cannot be removed with a CUP. Discussion regarding Planned Unit Development (PUD). Council Member Flora questioned if the amendments to this ordinance will affect a PUD. City Attorney Zollinger replied the amendments to this ordinance will not affect a PUD. Council Member Johnson questioned if the MU Zone is still allowed in the Pedestrian Emphasis District (PED). P&Z Administrator Parkinson replied the MU Zone is allowed in the PED. City Attorney Zollinger explained the setback reduction allowed in the PED is also allowed in a MU Zone because of the commercial aspect. The building as a whole cannot have a zero set back only the commercial part of the build can. The residential section of the building would need to meet the five foot set back. Council President Busby questioned the amendments to the parking requirements. P&Z Administrator Parkinson replied the developer will need to meet the parking requirements based on the zone. Council President Busby said he is not in favor of reducing parking requirements. Council Member Wolfe moved to approve Ordinance No. 1253 to Amend Development Code Ordinance No 1200 Mixed Use (MU) Zone – Requirements for mixture of residential and commercial, permitted uses, and yard requirements amended with some density and parking requirements being removed and considered first read; Council Member Flora seconded the motion; Mayor Merrill asked for a vote: Those voting aye Those voting nay Council Member Flora None Council Member Johnson Council Member Mann Council Member Walker Council Member Wolfe Council President Busby The motion carried April 7, 2021, City Council 2nd Read the application. Ordinance No 1253 Amend Development Code Ord No 1200 Mixed Use (MU) Zone – Requirements for mixture of residential and commercial, permitted uses, and yard requirements amended. Some density and parking requirements have been removed #21-00074. Alan Parkinson  Council Member Wolfe moved to approve Ordinance No. 1253 to Amend Development Code Ordinance No 1200 Mixed Use (MU) Zone – Requirements for mixture of residential and commercial, permitted uses, and yard requirements amended with some density and parking requirements being removed and considered second read; Council Member Walker seconded the motion; Mayor Merrill asked for a vote: Those voting aye Those voting nay Council Member Johnson None Council Member Mann Council Member Walker Council Member Wolfe Council President Busby The motion carried April 21, 2021, City Council 3rd Read the application. Ordinance No 1253 Amend Development Code Ord No 1200 Mixed Use (MU) Zone – Requirements for mixture of residential and commercial, permitted uses, and yard requirements amended. Some density and parking requirements have been removed #21-00074. Alan Parkinson  Council Member Johnson moved to approve Ordinance No. 1253 to Amend Development Code Ordinance No 1200 Mixed Use (MU) Zone – Requirements for mixture of residential and commercial, permitted uses, and yard requirements amended with some density and parking requirements being removed and considered third read; Council Member Walker seconded the motion; Mayor Merrill asked for a vote: Those voting aye Those voting nay Council Member Johnson None Council Member Flora Council Member Mann Council Member Walker Council Member Wolfe Council President Busby The motion carried