ZX201 2019-04 7634 7634 S S 500W 500W Rezone Map Amendment - - PowerPoint PPT Presentation

ZX201 2019-04

7634 7634 S S 500W 500W

Rezone Map Amendment Public Hearing: Wednesday, May 22, 2019 Victor City Council | 32 Elm St.

Sta taff ff P Pre resentat ation

Site Information

Relevant Site Details

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The Property

• Location: 7634 S 500W
• Status of Area to be

Rezoned: Undeveloped

• Comprehensive Plan

Proposed Land Use Classification: Low-Medium Residential

• Current Zoning: Residential

Single-Family & Two-Family (RS-7)

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N

S 500W

Property in Question

S Hwy 33

Approximate Rezone Area

Larkspur Ave.

View of property looking west from S Hwy 33

Site Project History

Subdivision Concept Plan Application History

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Subdivision Project Timeline

• July / August 2017 – Application submitted and amended for Rezone Map Amendment to rezone

this parcel from Neighborhood Mixed Use (NX) and Residential Single-Family & Two-Family (RS-7) to Commercial Mixed Use (CX) and Industrial Flex (IX); later withdrawn and no decision rendered

• November 13, 2017 – Application submitted for subdivision Concept Plan review; deemed

complete by Planning and Zoning Administrator

• January 16, 2018 – Concept Plan approved by Planning & Zoning Commission
• February 14, 2018 – Ordinance #O526 adopted by City Council that eliminated the cottage court

building type in the Residential Single-Family & Two-Family (RS-7) Zoning District

• July 11, 2018 – Pre-application Meeting held with property owner and City Staff; Meeting notes

indicate that property owner was advised to submit for Preliminary Plat as described in the Concept Plan (i.e. utilizing cottage courts)

• Fall 2018 – Interim City Staff rescind this expectation, establishing that cottage courts are not an

allowed building type in the RS-7 zone

• February 2019 – Current Staff confirm that cottage courts are not an allowed building type in the

RS-7 zone, offer to bring forth Rezone Map Amendment to reset expectations established under previous City Staff

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Concept Plan Approval

• A multi-phase subdivision with residential and commercial

components

• Property owner’s approved Concept Plan included:
• A 30-room hotel;
• Up to 108 cottages developed in Cottage Court developments;
• Four four-plex residential developments; and
• A future lot to be developed along Hwy 33.
• No storage units proposed (except those that might be allowed onsite

for the Cottage Courts for residential application)

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Current Application

Rezone Map Amendment

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Application & Applicable Criteria

What is being requested…

• Rezone Map Amendment
• Rezone Map Amendment for the western 16.3 acres of a 20.25-acre parcel

located at 7634 S 500W

• Rezone from Residential Single-Family & Two-Family (RS-7) to Residential

Single-Family & Two-Family (RS-3)

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Application & Applicable Criteria What is NOT being requested…

• Variances
• Deannexation
• Subdivision Preliminary Plat
• Site Plan Review
• Design Review

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Applicabl ble Criteri ria

• Comprehensive Land Use Plan
• Victor Land Use Development Code (LDC)
• Art. 1 General Provisions
• Art. 2 Measurements and Exceptions
• Div. 4.2 Residential Single-Family & Two-

Family (RS-7)

• Div. 4.4 Residential Single-Family & Two-

Family (RS-3)

• Art. 14 Administration
• Div. 14.7.11 Rezone Map Amendment
• Art. 15 Definitions

Approval Criteria [LDC 14.7.11.B]

Rezone Map Amendment– Nine (9) Approval Criteria

• 1. The Zoning Map Amendment substantially conforms to the Comprehensive Plan.
• 2. The Zoning Map Amendment substantially conforms to the stated purpose and intent of this Code.
• 3. The Zoning Map Amendment will reinforce the existing or planned character of the area.
• 4. The subject property is appropriate for development allowed in the proposed district.
• 5. There are substantial reasons why the property cannot be used according to the existing zoning.
• 6. There is a need for the proposed use at the proposed location.
• 7. The City and other service providers will be able to provide sufficient public facilities and services including schools,

roads, recreation facilities, wastewater treatment, water supply and stormwater facilities, police, fire and emergency medical services, while maintaining sufficient levels of service to existing development.

• 8. The Zoning Map Amendment will not significantly impact the natural environment, including air, water, noise,

stormwater management, wildlife, and vegetation.

• 9. The Zoning Map Amendment will not have a significant adverse impact on property in the vicinity of the subject

property

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Rezone Map Amendment Review Procedure

Quasi-Judicial Procedure

• Public Hearing (at Planning and Zoning

Commission and City Council)

• Planning & Zoning Commission may

recommend approval, approval subject to listed modifications, or denial to the City

• f Victor City Council.
• City Council is the decision-making body

for this application at a Public Hearing.

Timeline

• March 15: Pre-Application Meeting
• March 22: City submitted materials and

application deemed complete

• March 28: Notice of Public Hearing sent to

neighboring property owners, the newspaper of record, and posted onsite

• April 1: Development Review Committee

meeting

• April 16: Planning and Zoning Commission

Public Hearing, recommendation of conditional approval

• May 22: City Council Public Hearing

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Summary of Comments

Agency Comments

• City of Victor Planning
• City of Victor Public Works – no comments
• Teton County Fire Marshal – no comments
• RAD Curbside – no comments
• Fall River Electric – no comments
• Eastern Idaho Public Health District – no comments
• SilverStar Communication – no comments
• Teton County GIS – no comments
• Teton County School District – no comments
• Teton County Sheriff – no comments

Planning and Zoning Commission Summary of Public Comments

Public Testimony Received 45 Total Comments Submitted

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11 20 14

Public Comments by Location

Victor Teton County, ID Unknown

City Council Summary of Public Comments

Public Testimony Received 12 Total Comments Submitted

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2 1 7 2

Public Comments by Location

Victor Are of City Impact Teton County, ID Unknown

Analysis

Rezone Map Amendment

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Analysis

• The application was brought by the City to allow for expectations for this project to be

reset under more precise guidance by new staff.

• The density that would be allowed for development at this site under the proposed

zoning district is less than what would be allowed under the current zone utilizing detached houses and backyard cottages. Furthermore, these buildings types are exempt from Design Review.

• The Cottage Court building type limits the amount of density possible for this

development under the proposed zoning district due to the lot and placement, and height and form requirements found in Div. 8.4 of the LDC.

• This Rezone Map Amendment is requested by the City conditionally, and the property
• wner is expected to meet the conditions and development standards in order to fully

enjoy the benefits available under the proposed zone.

• Design Review, Site Plan Review, and Subdivision submittals for the entirety of the site

are all expected to follow this proposed rezone application, and the review of those applications will be conducted under the Code effective at the time the submittal is deemed complete.

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Approximately 17% of all jobs lie in proximity to this proposed subdivision

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Density for Cottage Court Building Type

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Differences in Zone

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“…Primarily intended to accommodate single-family detached houses… [and] should be applied in areas where the land use pattern is predominately single- or two-family … or where such land use pattern is desired in the future.”

Public Outreach

• Envision Victor (2009 – 2011)
• Over 550 unique individual participants
• Approximately 29% of City population;

17% of Impact Area population

• Comprehensive Plan 2015 Update
• Numerous Planning and Zoning

Commission and City Council Public Meetings

• Surveys and targeted outreach included

in update process

• Development Code Updates
• Numerous Planning and Zoning

Commission and City Council Public Meetings

• Every year from 2015 - 2019

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Photo by Thomas Drouault on Unsplash

Comprehensive Plan Alignment – Proposed Land Use Map

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Property in Question Approximate Rezone Area

Proposed Land Use Map has designated this this area as Low- Medium Residential. The proposed Rezone Map Amendment to rezone this parcel as RS-3 Single-Family and Two-Family would maintain the future land use characterization.

Approval Criteria [LDC 14.7.11.B]

Rezone Map Amendment– Nine (9) Approval Criteria

• 1. The Zoning Map Amendment substantially conforms to the Comprehensive Plan.
• 2. The Zoning Map Amendment substantially conforms to the stated purpose and intent of this Code.
• 3. The Zoning Map Amendment will reinforce the existing or planned character of the area.
• 4. The subject property is appropriate for development allowed in the proposed district.
• 5. There are substantial reasons why the property cannot be used according to the existing zoning.
• 6. There is a need for the proposed use at the proposed location.
• 7. The City and other service providers will be able to provide sufficient public facilities and services including schools,

roads, recreation facilities, wastewater treatment, water supply and stormwater facilities, police, fire and emergency medical services, while maintaining sufficient levels of service to existing development.

• 8. The Zoning Map Amendment will not significantly impact the natural environment, including air, water, noise,

stormwater management, wildlife, and vegetation.

• 9. The Zoning Map Amendment will not have a significant adverse impact on property in the vicinity of the subject

property

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Staff Recommendation – Conditions of Approval Analysis

• Planning and Zoning Commission requested a Condition of Approval that

Site Plan and Design Review approval be issued prior to or concurrent with authorization of the Preliminary Plat (and the award of the Rezone Map Amendment via Ordinance).

• Planning and Zoning Commission also requested that future Site Plan and Design

Review be conducted by the Commission, and not administratively by Staff. That requested Condition of Approval has been folded into Condition of Approval #3 included in the Staff Report.

• After further review by City Staff of the condition of approval related to

the order of operations, Staff recommends that City Council modify this condition.

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Staff Recommendation – Conditions of Approval Analysis

• Option A: Allow for the Preliminary Plat to be reviewed for compliance

with the relevant Site Plan and Design Review criteria without necessitating Site Plan and Design Review approval. This is reflected in the Staff Report in Condition of Approval #3 and is Staff’s preferred

• ption.
• Option B: Narrowly tailor the Condition of Approval to require Site Plan

and Design Review for only Phase 1 of the subdivision prior to or concurrent with the Preliminary Plat review.

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Staff Recommendation

For this application, Staff recommends City Council vote for recommendation of approval with conditions. Staff has prepared a Findings of Fact and Conclusions of Law included in the Staff Report packet that demonstrates how the decision criteria for this application were satisfied.

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Public Testimony

Rezone Map Amendment

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Public Testimony

Order of Testimony

• 1. Public Testimony
• 2. Response

Reminder:

• All Public Comments should

be limited to three (3) minutes.

• When commenting, please

state your name and address for the record.

• Please speak directly to the

approval criteria for this procedure.

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