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Commission opens broad code rewrite discussion on mixed-residential (RM) and RPUD rules; tables final action for further drafting

3119357 · April 25, 2025
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Summary

Commissioners and the public debated proposed amendments to Nibley’s mixed residential (RM) and residential planned unit development (RPUD) chapters—including a proposed 10% commercial requirement, open-space fee-in-lieu language, and minimum acreage—before voting to table the ordinance for redrafting.

The planning commission held an extended discussion and public-comment period on proposed amendments to multiple Nibley City code sections governing mixed residential (RM), mixed-use design, and residential planned-unit developments (RPUD). After extensive commissioner debate and public testimony, the commission voted to table the item for staff to prepare revised draft language.

The draft amendments presented to the commission included: (1) a proposal that 10% of an RM development’s land be dedicated to commercial uses (or vertical mixed use where ground-floor commercial is provided); (2) new or clarified standards for rear-loaded housing setbacks; (3) a possible reduction of maximum building height near existing single-family zones (from 50 feet to 40 feet within 300 feet of single-family); (4) removal of some previous amenity mandates (clubhouse/pool/splash pad) with an option for a fee in lieu, and (5) modifications to RPUD language to align with RM changes.

Staff and commissioners discussed whether the 10% commercial requirement should be mandatory or be offered as an incentive (for example, additional density if commercial is provided). Commissioners expressed concerns about unintended consequences if a high-density zone could be applied throughout the city without geographic limits; several commissioners and public commenters urged the commission to tie any mixed-use/ commercial requirement to location—arterials, intersections, or areas already shown on the future land-use map for commercial development.

Public comment included a detailed presentation by local developer Dan Larson, who urged clearer, more specific mapping and minimum-size thresholds for any RM or RPUD zone, argued that commercial will not be viable unless near other commercial anchors or major arterials, and warned that high park-impact fees and open-space formulas can make multifamily projects financially challenging. Other commissioners and staff proposed using the future land-use map to identify appropriate RM locations, setting minimum project sizes for RM/RPUD, and clarifying what constitutes qualifying public park acreage for fee-in-lieu provisions.

After a lengthy exchange on policy details including minimum acreage, definitions of counted open space (how much of required setbacks can be counted), and transfer-of-development-rights incentives, the commission moved to table the ordinance-language item to allow staff to draft concrete changes reflecting the policy options discussed. The motion to continue/table passed 4–0.

Provenance: Discussion of the ordinance amendments begins with the item introduction ("Item number 9 on the agenda ... amending Nibley City code 19.12.40 RM ...") and concludes at the vote to table and continue the item (recorded 4–0).