A. Purpose: It is the purpose of the neighborhood refinement plan to encourage the development of livable new neighborhoods that include a mix of uses, a high level of street connectivity, and are pedestrian oriented.
B. Applicability: A neighborhood refinement plan application may be filed for those areas designated as new neighborhoods on the development overlay map of the comprehensive plan and the zoning map (NRP) or any parcel of at least twenty five (25) acres.
C. Procedures:
1. A neighborhood refinement plan application shall be filed by property owners, authorized agents, or by the city of Pocatello and include all information listed on the application form. Plans submitted with the application shall, at a minimum, include the following information:
a. Location of arterial and collector streets;
b. Location of trunk lines for utilities;
c. Proposed open space areas;
d. Proposed park sites;
e. Proposed public facilities, if any;
f. Location and arrangement of proposed land uses.
2. Upon receipt of a complete neighborhood refinement plan application, a hearing date shall be set, notice of the hearing provided, and hearings held in the manner required by section 17.02.300, "Decision Making Procedures/Public Hearings", of this chapter.
3. After notice, the planning and zoning commission shall hold a hearing to consider the request and render a recommendation. The commission shall submit findings of fact and recommendations to the city council within forty five (45) days following the closure of the public hearing.
4. The city council shall hold a public hearing (as prescribed under section 17.02.300 of this chapter) within forty five (45) days of receipt of the planning and zoning commission's recommendation. Following the official closure of the public hearing the council shall complete their findings and issue a decision to approve, approve with conditions or deny the application within forty five (45) days of closure of the public hearing.
D. Criteria For Review: The planning and zoning commission and city council shall review the facts and circumstances of each proposal in terms of the following standards:
1. Unified property ownership of the subject area is not required; however, letters of authorization from each property owner must be provided.
2. The minimum development size shall be twenty five (25) acres.
3. A maximum of thirty percent (30%) greater density than that permitted by the underlying zoning district for residential uses may be allowed, in proportion to the amount of land dedicated for public uses and/or open space, up to a maximum of twenty percent (20%) dedication. This density increase shall be in the ratio of three to two (3:2), rounded to the nearest whole number. The land set aside shall be for public uses or open space and shall benefit the public health, safety, and general welfare including, but not limited to, the following purposes: natural drainageways; recreational trails; public parks; access to publicly owned land or parks; schools, or post offices; preservation of ridge tops and other scenic features; and preservation of natural vegetation.
4. Lot size averaging may be used provided that the overall density does not exceed the maximum number of dwelling units per acre allowed by the underlying zoning district, plus up to thirty percent (30%), for the residential portion of the NRP.
5. A maximum of twenty percent (20%) of the total development area may consist of office uses in residential areas.
6. A maximum of twenty percent (20%) of the total development area may consist of commercial uses in residential areas. Types and locations of such uses shall be reviewed and approved as part of the neighborhood refinement plan application process.
7. Any neighborhood refinement plan that includes a subdivision of land shall comply with all standards set forth by the subdivision ordinance of the city. Subdivision of land may not proceed until a proposed neighborhood refinement plan has been approved.
8. Adopted neighborhood refinement plans shall be recorded with the Bannock County recorder.
E. Amendments (Major And Minor): Amendments to an approved neighborhood refinement plan may be requested by owners of over fifty percent (50%) of the land area within the approved neighborhood refinement plan area. An approved neighborhood refinement plan may be amended by the following procedures:
1. Major Amendments: These shall conform to the standards of the original neighborhood refinement plan application process. Major amendments are as follows:
a. Change in the proposed land uses;
b. Change in the street pattern, including connectivity;
c. Increases in overall density or intensity of proposed uses;
d. Decreases in open space;
e. Any other proposed change deemed by the director to be a major change.
2. Minor Amendments: These shall be reviewed and approved by the site plan review committee. Appeal of the committee's decision may be made to the planning and zoning commission and shall follow the procedures of section 17.02.300, "Decision Making Procedures/Public Hearings", of this chapter. The following are considered minor amendments to a neighborhood refinement plan:
a. Increases in density that still comply with normal standards;
b. Minor changes in alignment of local streets;
c. Minor changes in property lines;
d. Changes in items such as, but not limited to, location of access lanes and sidewalk locations. (Ord. 3044, 2020: Ord. 2846 § 1, 2008)