When the Mission Gateway project comes back to the city council next month, a central question will be whether the project meets the intent of the city’s zoning code.
Already approved twice by the planning commission, the preliminary site plan for the Gateway ran into trouble when it came to the council in November. Four city councilors voted against approving the plan: Dave Shepard, Amy Miller, Debbie Kring and Arcie Rothrock. Three voted to approve the plan: Pat Quinn, Jennifer Cowdry and Suzie Gibbs. Councilor Jason Vaughn was absent from the meeting. Although he did not vote because of the 4-3 defeat, Mayor Steve Schowengerdt expressed his support for the project.
The question for the council to consider, attorney Pete Heaven told the members that night, was whether the plan is consistent with the vision of the Mixed Use District (MXD) in the zoning codes and if the project is appropriate.
Most of the discussion has focused on the 155,000 square foot Walmart planned for east side of the development. In 2004, the city council passed an ordinance that put new restrictions on discount stores and discount superstores. At the time, no plans were filed with the city to put a Walmart on the property, although that had been rumored and anticipated.
It was not until 2012, developer Tom Valenti has said, that Walmart approached him about being part of the retail development on the site. The last two plans to come to the council have included the Walmart.
Here is some of the key language that the planning commission and council have had to consider. The intent of the MXD zoning, passed in a 2005 ordinance, is stated in the code as follows:
“The zoning of property to the “MXD”, Planned Mixed Use District is intended to encourage a variety of land uses in closer proximity to one another than would be possible with more conventional zoning districts and to encourage building configurations that create a distinctive and memorable sense of place. Developments in this district are allowed and expected to have a mixture of residential, office and retail uses, along with public spaces, entertainment uses and other specialty facilities that are compatible in both character and function. Developments are also expected to utilize shared parking facilities linked to multiple buildings and uses by an attractive and logical pedestrian network that places more emphasis on the quality of the pedestrian experience than is generally found in typical suburban development. Buildings are intended to be primarily multi-story structures with differing uses organized vertically rather than the horizontal separation of uses that commonly results from conventional zoning districts. This planned zoning district is intended for those areas Master Planned as office or commercial, or where a special study has been undertaken that recommends a non-residential-focused mixed use development. This district is not intended for areas Master Planned for residential development or for mixed use developments that are residentially focused.”
At the November meeting, Shepard said the 155,000 square foot discount superstore violates the MXD zoning and does not meet the intent of MXD.
Here is one of the key restrictions on discount stores and discount superstores found under the zoning code related to the East Gateway:
“The building footprint of any development shall not exceed fifty percent (50%) of the gross square footage of the building or fifty thousand (50,000) gross square feet, whichever is less.”
Another passage, added in 2007, in that section allows the following exception:
“The Planning Commission may grant exception to one (1) or more of these requirements in property specifically zoned “MXD” Planned Mixed Use District, where the overall intent of that zoning category has been clearly met.”
The planning commission, by approving the preliminary site plan for the property, granted the exception to the requirements placed on the discount superstores.
Discount stores are defined in the 2004 ordinance as stores over 50,000 square feet with a variety of services and long hours. The superstore designation includes the provision that it may also “contain a full service grocery department…” The superstores exceed 100,000 square feet with at least five percent of floor space for groceries.
Next month will mark three years since the city council approved the last Gateway plan that was never developed. The development agreement with that project has now expired.
