Rezoning the Former Victor Elementary School: Public Information


The purpose of this document is to inform parties interested in the current Rezone Application for the former Victor Elementary School (VES) by Broulims.  In order to construct substantiated statements, we have linked to all relevant documents. 

Links to Quoted Material


VICTOR LAND DEVELOPMENT CODE

Article 5 Mixed Use Districts

Article 8 Building Types

Article 11 Site Development

Article 14 Administration

Victor Zoning Map


Current Comprehensive Plan

Chapter 1: Development of a Community Vision

Chapter 7: Land Use  


ReENVISION VICTOR (DRAFT)


Staff Report - VES Rezone for P&Z Meeting 2.18.21

2.18.21 P&Z Agenda - Call in Instructions


Rezoning applications are decided on a specific set of criteria. The application must meet all nine (9) criteria. ] All comments need to reference this criteria to be valid. The criteria are listed in the VICTOR LAND DEVELOPMENT CODE, Article 14 Administration, 14.7.12.B Rezone Map Amendment and are as follows:


  1. Approval Criteria Used for a Rezone Map Amendment 

  1. The Zoning Map Amendment substantially conforms to the Comprehensive Plan. May 30, 2019 - Ordinance O538 Land Development Code | Victor, Idaho 14-39 

  1. The Zoning Map Amendment substantially conforms to the stated purpose and intent of this Code. 

  1. The Zoning Map Amendment will reinforce the existing or planned character of the area. 

  1. The subject property is appropriate for development allowed in the proposed district. 

  1. There are substantial reasons why the property cannot be used according to the existing zoning. 

  1. There is a need for the proposed use at the proposed location. 

  1. 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. 

  1. The Zoning Map Amendment will not significantly impact the natural environment, including air, water, noise, stormwater management, wildlife, and vegetation. 

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

Talking Points to speak to at P&Z meeting or to submit public comment (kimberlyk@victorcityidaho.com):

1.

The staff report that endorses the approval of the Broulim’s Project references a draft document of the Comprehensive Plan, not the Council approved Comprehensive Plan.  The Comprehensive Plan in place at the time of application submission needs to be used, by law.  Both Staff and Applicants cite a draft document that has not been passed. 

Given this, The City of Victor and The Applicant have not given a valid reason that they meet 14.7.12.B.1, the current Approval Criteria Used for a Rezone Map Amendment. 


This violates point 1) of the Approval Criteria: “The Zoning Map Amendment substantially conforms to the Comprehensive Plan.”

 

2.

The Applicant has applied for a zone change to CX - Commercial Mixed Use. Their proposal clearly falls outside the intended usage for CX. CH – Commercial Heavy is an appropriate zoning for The Broulim’s project. The primary reason that The Broulim’s project doesn’t fit CX zoning can be clearly observed based on their plan to install an approximately 2 acre parking lot. Clearly, the expectation is for Broulim’s customers to be “auto oriented.” They will travel to and from the business primarily by auto. The descriptions for CX and CH zonings are listed below: 


The Applicant is applying for a rezone to CX – Commercial Mixed Use. The VICTOR LAND DEVELOPMENT CODE, Article 5 Mixed Use Districts, 5.2.1 Description states:


CX is intended to accommodate a broader range of residential and nonresidential activity than NX. To promote walkability and compatibility, auto-oriented uses are restricted. Building type options include townhouse, apartment, live work, shopfront house, single-story shopfront, mixed use shopfront, and general building. CX should be applied in areas where the existing or proposed land use pattern promotes mixed use and pedestrian-oriented activity.


The Applicant, an operator of a Big Box Chain Store, has a use that would fit in the VICTOR LAND DEVELOPMENT CODE, Article 5 Mixed Use Districts, CH – Commercial Heavy

5.5.1 Description 


CH is intended for auto-oriented and heavy commercial uses. To help ensure compatibility, residential uses are not allowed. Building type options include single-story shopfront, general and industrial buildings. CH should be applied in areas where the existing or proposed land use pattern contains a variety of auto-oriented and heavy commercial uses.


Auto-Oriented – is defined as auto accommodating: its design primarily attracts customers and employees arriving by automobile.   Additionally, a “Drive Thru” is also defined as auto-oriented.  


The Applicant has proposed 70 parking spaces and a Drive-Thru. The proposed approximately two-acre parking lot shows that the Broulim’s Project does not fit the CX zone. It is very much auto-oriented. 

3. 

Staff Report - VES Rezone for P&Z Meeting 2.18.21

Under STAFF ANALYSIS 14.7.12.B.2, The Zoning Map Amendment "substantially conforms to the stated purchase and intent of this Code." Under the Comprehensive Plan 1.1.2.8 City Staff states the goal:


"To encourage economically sound, orderly, and compatible land development practices in accordance with the Comprehensive Plan."

The potential and proposed use and scale of the application does not meet the quoted section. The Applicant’s proposed use does not fit in CX – Commercial Mixed Use. It fits under CH – Commercial Heavy which isn’t an appropriate zone for this parcel location. An auto oriented business in the center of town does not fit the definition of "compatible land development practices."

4.

Staff Report - VES Rezone for P&Z Meeting 2.18.21

Under STAFF ANALYSIS 14.7.12.B.3, "The Zoning Map Amendment will reinforce the existing or planned character of the area."


The Applicant states their proposed development is “pedestrian friendly,” this is counter to the proposed site plan included in their application. They have proposed approximately two acres of parking making this “auto-oriented” not pedestrian friendly.  Super Markets are Auto-Oriented by nature. This is why we see the large parking lot included in the plan and why shoppers are given shopping carts to carry their groceries to cars and then transport those groceries home in vehicles. The applicant hasn’t provided a valid reason that their plan qualifies as pedestrian friendly.  


The existing and planned character of the area calls for a pedestrian friendly project. The project that the current applicant has submitted fits CH zoning requirements, not CX - it will in no way reinforce the existing or planned character of the area and clearly calls for an auto-oriented business model, not a pedestrian one. 

5.

VICTOR LAND DEVELOPMENT CODE, Article 14 Administration, 14.7.8 Additional Studies – Before granting a Quasi Judicial (Rezone Application) approval, studies may be required of the Social, Economic, Fiscal and Environmental effects. As defined in §21-501(2) of Idaho Code (§67-2512)


Due to the size of the parcel and scale of the proposed project a Traffic, Social, and Economic study needs to be commissioned before a recommendation to rezone is given to Council.

6.

The Applicant has proposed a project significantly outside the current scope and size of lots in the surrounding area. If a zone change is given, The Applicant would be able to build up 15,000 square feet single commercial use building, 20,000 square feet with a conditional use as proposed in their site plan in the rezone application. This will include approximately two acres of parking.  


Rezone criteria – 14.7.12.B.1 – “The Zoning Map amendment substantially conforms to the Comprehensive Plan.”  


This Application doesn’t conform to the two key sections of  Comprehensive Plan listed below:


Current Comprehensive Plan, Chapter 1: Development of a Community Vision, Goals and Policy, [Community Design Goals], 1) Evaluate development proposals in terms of scope and size and related community impacts.”


Current Comprehensive Plan, Chapter 7: Land Use, Goals and Policy, 1) To encourage growth and development in an orderly fashion, minimize adverse impacts on differing land uses…”

7.

ReENVISION VICTOR is the draft Comprehensive Plan under which the Application has been reviewed. We still assert that the application needs to be reviewed under the current plan (point 1.). However, we feel the application substantially fails to meet the following standards outlined in ReENVISION VICTOR :


Page 1 - “We want a compact & livable city and a small business & localized economy”

Page 22 - “Definition of Downtown Core: 

Downtown serves as the destination for dining, entertainment, culture, arts, and shopping, and is a centralized location for public gathering and events.” 

Page 28 - “Economic Development – Goal is to support independently owned small business.”


The Application for a rezone doesn’t fit the proposed criteria. Broulim’s has at least 12 locations in 2 states and over 800 employees. We do not believe the SBA would not Broulim's a small business and would like to see proof that Broulim’s qualifies as a “small business” as defined in Victor.  Additionally, the approximately 2 acre parking lot  is not in line with a “compact and livable city.” 

8.

Staff Report - VES Rezone for P&Z Meeting 2.18.21

Under STAFF ANALYSIS 14.7.12.B.3, "The Zoning Map Amendment will reinforce the existing or planned character of the area."

The Broulim's Application states that "the useful life of the building is done." We reject the validity of this statement. The school qualifies as an Idaho historic building. It is over 50 years old and the facade features stones from our local quarry. 

Amending the current zoning in order to replace a historic building with a Supermarket does not "reinforce the existing or planned character of the area." It does the opposite. 

9.

VICTOR LAND DEVELOPMENT CODEArticle 5 Mixed Use Districts

We believe Nx is the appropriate zoning for the lot if a zone change is made. It would allow retail up to 5000 square feet which would fit the character of downtown and provide appropriate scale. Zoning it CX allows for development of a 20,000 square foot commercial building for a single business. This puts us in the position of having the lot developed in a way that negatively effects the nature of the neighborhood and vision of the downtown area. 

NX is intended to accommodate neighborhood oriented commercial facilities. The intent of the district is to provide small-scale service establishments close to residential areas and to ensure buildings and uses are compatible with the character of nearby neighborhoods. Building type options include detached house, backyard cottage, duplex, four-plex, townhouse, shopfront house, mixed use shopfront, and accessory buildings. NX should be applied in areas where the existing or proposed land use pattern has commercial activity close to established residential areas.