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HomeMy WebLinkAboutALL DOCUMENTS - 17-00108 - Approximately 1100 S 12th W - Douglas S. Kauer - RezoneRezone Application City of Rexburg 35 N. In E. Phone: Rexburg, ID 83440 www.rexburg.org Fax: Note: A pre -application conference with staff may be required prior to Please complete this application, provide all supporting documents, and Department. All applications that are complete will be processed availability, for an upcoming agenda. L.7)9 Z �- �2- B C, Current Zone Requested Zone: Application Information CITY OF REXBURG America's Family Community due diligence and will be scheduled, dependent upon Rezone Fee: $ 5W plus $250.00 Publication Fee Applicant: DOLWlif-S S ! 1G4ue/7 Phone: 3_5V —3E426 eldwwner ❑ Purchaser ❑ Lessee E -Mail: QskfFuQ/-'L,i/ a- Applicant's Address: -2-7-7-7 /✓ v w tiar, City/ST/Zip:�-i2.f/c, Recorded Owner: IFIO K �Ol�ito e �%i e S Phone: 3s6 —3,4aao Recorded Owner's Address: 2?.t 7 /V !�-1 City/ST/Zip:oo lc .y Contact Person (If different from above): 1%urr Phone: KS Z 7 E -Mail Address of Subject Property:Z,/,'-' 5 Property Description (You must attach the Lot, Block & Subdivision name or recorded deed with a metes and bounds description): Parcel Number: Quarter: Section: S� Township: 6� N Range: !S 9 Mapping Department must initial here to signify parcel verification: Publication Fee: $250.00 Rezone Fees: Less than 1 acre: $500.00 More than 1 acre, less than 5: $850.00 5 to 10 acres: $900.00 Total Fees Due: $ 2�S Date of Notice: Over 10 acres, less than 20: $1500.00 20 acres and over: $2500.00 of Public Hearing: l -7©o 10 e Development Information 1. Size of Property 2. How is the property now used? 3. How are the adjoining North: '4 Ra South East: West: Square Feet (or) &R/X — Sy Acres 4. Are there any existing land uses in the general area similar to the pro osed use? If yes, what are they, and where are they located? l/cs — fzex/i, sf 56a�, ch ,,Akkx 19W /1F 5. On what street(s) does the property have frontage? 44A 4_ 74i Au{ 4— '4461--e-5 6. What use, building or structure is intended for the property? D lL.eUP,T l4 -S �1mmCf�c,i� ,(�uS/ane-SeSS 7. Are water and sewer facilities, streets, fire and police/ %pj7resently serving this area? (,( �D 5S 6 C\ Un.`,J ef-S, Y ;yt- �s2�.r�C.f" 7S _i W_W6 7a LWA!-e�i I/ i 8. Are City services adequate to serve any future development proposed? L/�S 9. Will measures be proposed to assure that public facilities and services will be added? VPS 10. Is the site large enough to accommodate the proposed uses, parking, and buffering required? l/-/ S 11. Is the area currently sub -divided or going to be sub-divided?r-1�a r ®:PFPrt�tn7- gi4c3%Ae__VC 12. Any additional comments? r IAIOu 61 /h f1f<:�_ Note: When an application has been submitted, it will be reviewed in order to determine compliance with application requirements. It will not be processed if it is not complete. A hearing date will be scheduled only after an application has been accepted as complete. 1. A formal traffic study will be required for a retail sales area more than 75,000 feet; schools for more than 100 students; apartment complex with 50 apartments or more. 2. Before annexation, the person or firm applying for annexation will agree to certain things: curb and gutter, streets, signaling, water and sewer, property sizing and location. Signature of Applicant: C:2=� /4Z4�' —Date: //9 i—/:}—,20/7 2 Additional Submittal Requirements: The City of Rexburg requires the following information to be submitted to the Planning & Zoning Secretary for every application for rezone/or annexation: 1. Current Vicinity Map. (8 '/z" x 11") - showing location and current zoning of the property. A map is available from the City Planning and Zoning Office. Please indicate the location of your property on the map. 2. Land Description. On a separate page, attach a legal description of the actual property which you wish to have rezoned. a. Description shall mathematically close. b. Descriptions shall be provided for the perimeter of the total area for which a rezone is being requested; and for each zone (separate zoning classification) within said request. All zone descriptions shall correspond to the perimeter description. Descriptions shall identify a basis of bearing based upon two (2) known points from which the descriptions are based. c. Descriptions provided may be required to be modified by the applicant to include adjacent roads, canals, ditches, rivers, creeks, etc. as may be identified by the Public Works Department. 3. Photographs. Photos of existing site conditions. 4. Affidavit of Legal Interest. NOTE: No application will be accepted or processed without this form. N C Ib T1 p 2 � N � C p IN Cl b Q 9 � t S q � O � ID V K 6� IN S _.�.. .2 x • l " ri .� M C O O a o r N CO _ N � ' Q d Q [ C� N f O � N i{ _ O P't m N tgi al S m ^ v d � fir✓. d H � � '�� g' v8's ' p R323 W e 0 3 a sR Z a o N ■■■ 1313® Q ^ 7 m n. A�� A N N y N� 3 O �•�� yr m £ �7 6 N Z eN r � N ■ ■ ■ N ■ ■ a a-131313 91 I ' 0 mO A _ O O z 3 m a s - g _N C U O C �_ A l/ C h N @A@ 3 (7 n 3 m n 3 r m m m w n O N m v N a � ry i � N c � v x o.z O a O O s F � D 0 o = fl. N _ S p� O N <' Q n. n A N C N N Q Z 3 Q p� 3 N O CL N o m � i s � � � Q 3 O � 3 O O r N �,� s-i_2m•w — M x T v 0 D a N N O � 3 m a m Siado \ Y 20\ < Si 0 O r � N ■ ■ ■ N ■ ■ a a-131313 91 I ' 0 mO A _ O O z 3 m a s - g _N C U O C �_ A l/ C h N @A@ 3 (7 n 3 m n 3 r m m m w n O N m n 3 n _, j ry � arm LEGAL DESCRIPTION. The legal description of the subject property is as follows: 6,457 /� of The North ''/z of the South 1/2 of Section 35, Township 6 North, Range 39 East Boise Meridian. Affidavit of Legal Interest City of Rexburg 35 N. lit E. Phone: 208.359.3020 Rexburg, ID 83440 www.rexburg.org Fax: 208.359.3022 State of Idaho County of Madison I, 02 (t:5i l/;S S l bFFr car Name u6 u r� City Being first duly sworn upon oath, depose and say: I:\ 7 /t/ 17�o 4L Address `n State (If Applicant is also Owner of Record, sldp to B) C I TY OF REXBURG America's Family Community That I am the record owner of the property described on the attached, and I grant my permission to: Name Address to submit the accompanying application pertaining to that property. B. I agree to indemnify, defend and hold Rexburg City and its employees harmless from any claim or liability resulting from any dispute as to the statements contained herein or as to the ownership of the property which is the subject of the application. Dated this Signature day of 1'4/w /11 120/2 Subscribed and sworn to before me the day and year first above written. RO'weFp No Public of Idaho( ?0S� Residing at: {I�ONiJLI 4rw s AV BLDG AZ My commission expires: Olt!S . 1-7 2,021 f El ±o CITY OF REXBURG Nw4ai rmAy.Co,m,.,ry ORDINANCE NO. 1162 AN ORDINANCE AMENDING AND CHANGING THE ZONING MAP OF THE CITY OF REXBURG, IDAHO, AND PROVIDING THAT THE ZONED DESIGNATION OF THAT CERTAIN PROPERTY HEREINAFTER DESCRIBED, SITUATED IN REXBURG, MADISON COUNTY, IDAHO, BE CHANGED AS HEREINAFTER DESIGNATED; AND PROVIDING WHEN THIS ORDINANCE SHALL BECOME EFFECTIVE. BE IT ORDAINED BY the City of Rexburg, Idaho: SECTION I: That the zoning map of the City of Rexburg, Idaho, which is filed with the city clerk thereof be, and the same is hereby amended and changed to provide that the hereinafter described property situated in the City of Rexburg, Madison County, State of Idaho, regarding (#17 00108) moning a property from Low Density Residential (LDR2) and Community Business Center (CBC) IQ Community Business Center (CBC). The said property is located at apptoximately 1100 South 12' West, in Rexburg, Madison County, Idaho, and more particularly described u follows: " Des6ption- The East half of the North half of the South half of Section 35, Township 6 North, Range 39, East of the Boise Meridian, City of Rexburg, Madison County, Idaho. SECTION II: That a new zoning map showing these amendments shall be certified to and declared to be the official zoning map of the City of Rexburg by passage of this Ordinance by the City Council of the City of Rexburg. SECTION III: This ordinance shall become effective upon its passage, approval and publication. PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR on this 1-0 day of May. 2017. ATTEST: Blair D. Kay, City Clerk Z' j eay M Mayor Instrum m # 409"7 a 41:101I:uaM Ma,a1P'p,c2 bcarded for: CIPr GF MEXOMt0 RMr K A*= Fw. a.m &.014Jo11Pcar- tMgq STATE OF IDAHO) ) ss. County of Madison ) I, BLAIR D. KAY, City Clerk of the city of Rexburg, Idaho, do hereby certify: That the above and foregoing is a full, true and correct copy of the Ordinance Entitled: AN ORDINANCE AMENDING AND CHANGING THE ZONING MAP OF THE CITY OF REXBURG, IDAHO, AND PROVIDING THAT THE ZONED DESIGNATION OF THAT CERTAIN PROPERTY HEREINAFTER DESCRIBED, SITUATED IN REXBURG, MADISON COUNTY, IDAHO, BE CHANGED AS HEREINAFTER DESIGNATED; AND PROVIDING WHEN THIS ORDINANCE SHALL BECOME EFFECTIVE. PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR on this 3.! day of Mq, 2017. Blair D. Kay, City Clerk 1 Findings of Fact City of Rexburg o 35 North le East Phone: 208.359.3020 Rexburg, ID 83440 www.rexburg.org Fox: 208.359.3022 Rezone — Douglas S. Kauer #17 00108 Approximately 1100 South 126 West CITY OF REXBURG Amcriwa Family Community 1. On March 14, 2017, Douglas S. Kauer presented to the City of Rexburg Planning & Zoning Coordinator a request and application for a zone change for the specified property located at approximately 1100 South 126 West, in Rexburg, Madison County, Idaho to be rezoned from Low Density Residential 2 (LDR2) and Community Business Center (CBC) to Community Business Center (CBC). 2. On March 15, 2017, the City Clerk sent the Notice of Public Hearing to be published in the local newspaper on March 31 and April 14, 2017. A notice was posted on the property in two places and sent to all property owners within 300 feet of the above mentioned property. 3. On April 20, 2017 Dennis Stevens, representing Doug and Holly Kauer, presented to the Planning & Zoning Commission for the City of Rexburg, the Request for a Rezone for the specified property located at approximately 1100 South 12s West, in Rexburg, Madison County, Idaho to be rezoned from Low Density Residential 2 (LDR2) and Community Business Center (CBC) to Community Business Center (CBC). Bruce Sutherland motioned to recommend approval to the City Council of a rezone from Low Density Residential 2 (LDR2) and Community Business Center (CBC) to Community Business Center, for the property located at approximately 1100 South 12`s West. Melanie Davenport seconded the motion. It was clarified that there would be a development agreement in the future between the developers and the city. None opposed. Motion carried. 4. Dennis Stevens from Ammon spoke for Doug and Holly Kauer. They are asking to have the rest of their property zoned commercial. The first half is already zoned commercial. Council Member Mann moved to suspend the rules for BILL 1162 to Rezone approximately 1100 South 126 West from Low Density Residential 2 (LDR2) and Community Business Center (CBC) To Community Business Center (CBC); Council Member Flora seconded the motion; Mayor Merrill asked for a roll call vote: Those voting ave Those voting nay Council President Smith None Council Member Flora Council Member Mann Council Member Benfield The motion carried Council Member Mann moved to approve and consider BILL 1162 to Rezone approximately 1100 South 12`s West from Low Density Residential 2 (LDR2) and Community Business Center (CBC) To Community Business Center (CBC) third read; Council Member Smith seconded the motion; Mayor Merrill asked for a vote: Those voting ave Those voting nay Council President Smith None Council Member Flora Council Member Mann Council Member Benfield The motion carried C V °y pE %YURC CITY OF r; s ° REXBURG Americai Family Community ORDINANCE NO. 1162 AN ORDINANCE AMENDING AND CHANGING THE ZONING MAP OF THE CITY OF REXBURG, IDAHO, AND PROVIDING THAT THE ZONED DESIGNATION OF THAT CERTAIN PROPERTY HEREINAFTER DESCRIBED, SITUATED IN REXBURG, MADISON COUNTY, IDAHO, BE CHANGED AS HEREINAFTER DESIGNATED; AND PROVIDING WHEN THIS ORDINANCE SHALL BECOME EFFECTIVE. BE IT ORDAINED BY the City of Rexburg, Idaho: SECTION I: That the zoning map of the City of Rexburg, Idaho, which is filed with the city clerk thereof, be, and the same is hereby amended and changed to provide that the hereinafter described property situated in the City of Rexburg, Madison County, State of Idaho, regarding (#17 00108) rezoning a property from Low Density Residential 2 (LDR2) and Community Business Center (CBC) to Community Business Center (CBC). The said property is located at approximately 1100 South 12`" West, in Rexburg, Madison County, Idaho, and more particularly described as follows: Legal Description: The East half of the North half of the South half of Section 35, Township 6 North, Range 39, East of the Boise Meridian, City of Rexburg, Madison County, Idaho. SECTION II: That a new zoning map showing these amendments shall be certified to and declared to be the official zoning map of the City of Rexburg by passage of this Ordinance by the City Council of the City of Rexburg. SECTION III: This ordinance shall become effective upon its passage, approval and publication. PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR on this 3' day of May, 2017. Jerry Merrill, Mayor (SEAL) ATTEST: Blair D. Kay, City Clerk STATE OF IDAHO) ) ss. County of Madison ) I, BLAIR D. KAY, City Clerk of the city of Rexburg, Idaho, do hereby certify: That the above and foregoing is a full, true and correct copy of the Ordinance Entitled: AN ORDINANCE AMENDING AND CHANGING THE ZONING MAP OF THE CITY OF REXBURG, IDAHO, AND PROVIDING THAT THE ZONED DESIGNATION OF THAT CERTAIN PROPERTY HEREINAFTER DESCRIBED, SITUATED IN REXBURG, MADISON COUNTY, IDAHO, BE CHANGED AS HEREINAFTER DESIGNATED; AND PROVIDING WHEN THIS ORDINANCE SHALL BECOME EFFECTIVE. PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR on this 3 d day of May, 2017. Blau D. Kay, City Clerk (SEAL) Certificate of Mailing City of Rexburg 35 North W East Phone: 208.359.3020 Rexburg, ID 83440 www.rexburg.org Fax 208.359.3022 File #: 1,700 1 O S� File Name: CITY OF REXBURG Amenias Family Community I HEREBY CERTIFY that otr�ue and accurate copy of the foregoing Notice was this �' `day of ! i"20f - �mailed to the following parties: (See attached Mailing List) By.C�fl/LL�- I z or N q N (j 1300 m � ❑ Z J OZ w Z f n O y, > LM c n � � m A � w, mo v �o � E O TD- ` cB d� Mat-'. � .ate nX SC I1 3 vai Za � 6 Q p O N n � a Q ~ �a m o ry � c 3® FULLMER KAREN NATALIE 516 E 700 N FIRTH ID 83236 EDK ROPE TIES LLC 1076 S W TAFT JERRY R REXB G ID 83440 SMITH ROBERT 10125 SANTACLARA RD 512 S MILLHOLLOW RD REXBURG ID 83440 MADISON SCHOOL DISTRICT #321 COUNTRYVIEW LLC POBOX830 R & M COMMERCIAL PROPERTIES LLC REXBURG ID 83440 CITY�OF BURG MANHATTAN BEACH CA 35 N E GETTYSBURG SD R UR ID 83440 TAFT JERRY R EDK PROPERTIES LLC 10125 SANTACLARA RD 1076 S 12TH W ATASCADERO CA 93422 REXBURG ID 83440 COUNTRYVIEW LLC R & M COMMERCIAL PROPERTIES LLC 220 26TH ST 30965 USHWY212 MANHATTAN BEACH CA 90266 GETTYSBURG SD 57442 CORP OF THE PRESIDING BISHOP OF THE KAUER ERMA R 50 E NORTHTEMPLE ST FL 22 1076 S 12TH W SALT LAKE CITY UT 84150 REXBURG ID 83440 KAUER ERMA R SMITH RICHARD F 1076 S 12TH W PO BOX 8 REXBURG ID 83440 REXBURG ID 83440 Community Development Department Planning & Zoning City of Rexburg 35 North 1st East Phone: 208.359.3020 Rexburg, ID 83440 www.rexburg.org Fax: 208.359.3022 Public Works Staff Review Comments Rezone Application File #17 00108 — Douglas S. Kauer Property Location: Approximately 1100 South 12'h West Requesting to change the zoning from LDR2 and CBC to CBC CITY OF REXBURG Anreriwd Family Co.n,u ty Water: -Existing 14" water line along north edge in University Blvd. Water line appears to end about 218 feet before west edge of zone change. Water line would need to be extended before University Blvd is extended. Sewer: -Existing 10" gravity sewer line runs N/S through property, and along north edge of property, and flows to the high school lift station which is located just north of the property. Based on our discussion, high school lift station will have sufficient capacity for this development. Future upgrades to lift station will be necessary at some point when other development occurs. Streets: -Width of University Blvd. City currently owns north 50' of required right-of-way (based on GIS) from high school property. When developed, will need additional 50' from ICauer property all the way from 120' West. -Transportation Plan plans for University Blvd to be extended west. University Blvd is planned as a major arterial street. Therefore, access to the property will be limited and any entrances will be required to align with high school entrances. (The University Blvd Extension drawing in the transportation plan is attached). -Transportation plan recommends interchange reconfiguration and installation of signal at University Blvd and US 20 now since LOS is already at F. Development will make LOS worse. -Transportation plan recommends installation of a traffic light at 12fl, West and University Blvd by 2040 to maintain acceptable traffic flow. A traffic study will be required for the development. If traffic study shows that signal is warranted, development will need to participate in cost of installing light. Construction of proposed frontage road on west of US 20, will also increase traffic to this intersection. Sidewalks/pedestrian: -Depending on type of development on property (e.g. restaurants), will create additional pedestrian traffic across University Blvd. Development will require sidewalk(s) along south side of University Blvd and cross walks aligned with high school sidewalks. Water Rights: -City needs irrigation water rights from parcel prior to development. Stormwater: -All stormwater will need to be retained onsite. iNojv S/) _ '� �,• Nps d COs 0z-s� r r ,3 � � 4 Community Development Department STAFF REPORT 35 North lit East vaic@rexburg.org Phone: 208.359.3020 exbura, ID 83440 ww .rexburg.org _ _ Fax: 208.359.3022 SUBJECT: Rezone Application - File #17 00108 APPLICANT: Douglas S. Kauer 2227 North 4000 West Rexburg, ID PROPERTY OWNER(S): EDK Properties — Douglas S. Kauer C IT Y OF MXBURG 0& - Am rimi Family Community PURPOSE: The request is to rezone from Low Density Residential 2 (LDR2) and Community Business Center (CBC) to Community Business Center (CBC) PROPERTY LOCATION: Approximately 1100 South 12d' West PROPERTY ID: RPMMCA0357205 COMPREHENSIVE PLAN: Commercial CURRENT ZONING: LDR2 and CBC PROPOSED ZONING: CBC SURROUNDING LAND USES School, homes, businesses, farmland AND ZONING: LDR2, CBC, Transitional Agriculture I APPLICABLE CRITERIA: City of Rexburg Development Code (Ordinance No. 1115) § 6.13 Amendments to this Ordinance AUTHORITY: § 6.13 (E) "The Commission may recommend that the amendment be granted as requested, that it be modified, or that it be denied" I. BACKGROUND The Rexburg Development Code allows for the Commission to make recommendations to the City Council regarding whether or not the property should or should not be rezoned based on the criteria found in section §6.13. C Case No. 17 00108 Page I NOTICE OF PUBLIC HEARING TO AMEND THE ZONING MAP FOR THE CITY OF REXBURG Public Hearin ¢: April 20, 2017 at 6:55 pm to be held before the Rexburg Planning and Zoning Commission for (#17 00108 — Douglas S. Kauer) to rezone property at approximately 1100 South 12' West from to Low Density Residential 2 (LDR2) and Community Business Center (CBC) to Community Business Center (CBC). LeW Description: The East half of the North half of the South half of Section 35, Township 6 North, Range 39, East of the Boise Meridian, City of Rexburg, Madison County, Idaho. At such hearing the Planning and Zoning Commission will hear all persons and all objections and recommendations relative to such proposed permits. The City Clerk will also accept written comments at City Hall prior to 4:00 p.m. on April 19, 2017. This notice is given pursuant to the provisions of Section 67-6508, 67-6509 and 67-6511 Idaho Code, and all amendments thereof. DATED this 15' day of March, 2017. Publish: March 31 and April 14, 2017 CITY OF REXBURG Blair D. Kay, City Clerk .., �J 0 N Q n CD CD z ❑ N O 131313 2; 3 A A ti 1 0 2 3 A 2 t N A _N w O p m 3 3 0 0 0 m m a m m ry m m Q 5 m A A- u� m Q m � b •e � Q O _ '1 pa a N � a v s 1700108 Kat Py - ZuYtenc c 222:c f 0 A z O N o 7 o b /o �- I t - Community Development Department STAFF REPORT 35 North NEost valc@rexburg.org Phone: 208.359.3020 axburg, ID 83440 www.rexburg.org Fax: 208.359.3022 SUBJECT: Rezone Application - File #17 00108 APPLICANT: Douglas S. Kauer 2227 North 4000 West Rexburg, ID PROPERTY OWNER(S): EDK Properties — Douglas S. Kauer CITY OF REXBURG - C — Amencn's Famit)'Comrouni{v PURPOSE: The request is to rezone from Low Density Residential 2 (LDR2) and Community Business Center (CBC) to Community Business Center (CBC) PROPERTY LOCATION: Approximately 1100 South 120' West PROPERTY ID: RPRXBCA0357205 COMPREHENSIVE PLAN: Commercial CURRENT ZONING: LDR2 and CBC PROPOSED ZONING: CBC SURROUNDING LAND USES School, homes, businesses, farmland AND ZONING: LDR2, CBC, Transitional Agriculture 1 APPLICABLE CRITERIA: City of Rexburg Development Code (Ordinance No. 1115) § 6.13 Amendments to this Ordinance AUTHORITY: § 6.13 (E) "The Commission may recommend that the amendment be granted as requested, that it be modified, or that it be denied" I. BACKGROUND The Rexburg Development Code allows for the Commission to make recommendations to the City Council regarding whether or not the property should or should not be rezoned based on the criteria found in section §6.13. Case No. 17 00108 Page 1 II. SITE DESCRIPTION This project includes the farmland that is south of the Madison High School Complex.. The total area involved in this re -zoning request is approximately 77 acres, which if approved will result in changing the zone from Low Density Residential 2 (LDR2) to Community Business Center (CBC). III. ANALYSIS If approved, this rezone will result in changing Low Density Residential 2 (LDR2) to Community Business Center (CBC. The request would require the Commission and City Council to review the proposal against one set of criteria, for the request to rezone. Below, staff has provided all the criteria listed by Ordinance No. 1115 (Development Code) that are required to be addressed, followed by staff's analysis of each criterion. Criteria Rezone Requests (§6.13)• a. Be in conformance with the City's Comprehensive Plan and the City Development Code. The Comprehensive Plan identifies the land use designation for the property as Commercial. The CBC zone is allowed under this designation. b. The capacity of existing public streets, water and sewer facilities, storm drainage facilities, solid waste collection and disposal, and other utilities. See Public Works Review. c. The capacity of existing public services, including but not limited to, public safety services, public emergency services, schools, and parks and recreational services. See Public Works Review. d. The potential for nuisances or health and safety hazards that may adversely affect adjoining properties. A large commercial project adjacent to the High School could be problematic depending on how it is developed and what uses are allowed. These issues will be resolved at project and subdivision stages with development agreements. e. Recent changes inland use on adjoining properties or in the neighborhood of the map revision. f. Meets the requirements of the Comprehensive Plan. See paragraph a. IV. STAFF RECOMMENDATION Staff requests that Planning and Zoning recommend to City Council to change the above described property from Low Density Residential 2 (LDR2) to Community Business Center (CBC). Case No. 17 00108 Page 2 Community Development Department STAFF REPORT 35 North 1+l East vaic@rexburg.org Phone: 208.359.3020 wburg, ID 83440 w�.rexburg.org Fox., 208.359.3022 SUBJECT: Rezone Application - File #17 00108 APPLICANT: Douglas S. Kauer 2227 North 4000 West Rexburg, ID PROPERTY OWNER(S): EDK Properties — Douglas S. Kauer C I TY OF REXBURG -- Owl— America's Family Community PURPOSE: The request is to rezone from Low Density Residential 2 (LDR2) and Community Business Center (CBC) to Community Business Center (CBC) PROPERTY LOCATION: Approximately 1100 South 12'h West PROPERTY ID: RPRXBCA0357205 COMPREHENSIVE PLAN: Commercial CURRENT ZONING: LDR2 and CBC PROPOSED ZONING: CBC SURROUNDING LAND USES School, homes, businesses, farmland AND ZONING: LDR2, CBC, Transitional Agriculture 1 APPLICABLE CRITERIA: City of Rexburg Development Code (Ordinance No. 1 l 15) § 6.13 Amendments to this Ordinance AUTHORITY: § 6.13 (E) "The Commission may recommend that the amendment be granted as requested, that it be modified, or that it be denied" I. BACKGROUND The Rexburg Development Code allows for the Commission to make recommendations to the City Council regarding whether or not the property should or should not be rezoned based on the criteria found in section §6.13. Case No. 17 00108 Page 1 II. SITE DESCRIPTION This project includes the farmland that is south of the Madison High School Complex.. The total area involved in this re -zoning request is approximately 77 acres, which if approved will result in changing the zone from Low Density Residential 2 (LDR2) to Community Business Center (CBC). III. ANALYSIS If approved, this rezone will result in changing Low Density Residential 2 (LDR2) to Community Business Center (CBC. The request would require the Commission and City Council to review the proposal against one set of criteria, for the request to rezone. Below, staff has provided all the criteria listed by Ordinance No. 1115 (Development Code) that are required to be addressed, followed by staff's analysis of each criterion. Criteria Rezone Requests 06.13): a. Be in conformance with the City's Comprehensive Plan and the City Development Code. The Comprehensive Plan identifies the land use designation for the property as Commercial. The CBC zone is allowed under this designation. b. The capacity of existing public streets, water and sewer facilities, storm drainage facilities, solid waste collection and disposal, and other utilities. See Public Works Review. c. The capacity of existing public services, including but not limited to, public safety services, public emergency services, schools, and parks and recreational services. See Public Works Review. d. The potential for nuisances or health and safety hazards that may adversely affect adjoining properties. A large commercial project adjacent to the High School could be problematic depending on how it is developed and what uses are allowed. These issues will be resolved at project and subdivision stages with development agreements. e. Recent changes inland use on adjoining properties or in the neighborhood of the map revision. None. f. Meets the requirements of the Comprehensive Plan. See paragraph a. IV. STAFF RECOMMENDATION Staff requests that Planning and Zoning recommend to City Council to change the above described property from Low Density Residential 2 (LDR2) to Community Business Center (CBC). Case No. 17 00108 Page 2 Community Development Department Planning & Zoning City of Rexburg 35 North 1st East Phone: 208.359.3020 Rexburg, ID 83440 www.rexburg.org Fax: 208.359.3022 Public Works Staff Review Comments Rezone A1212lication File #17 00108 — Douglas S. Kauer Property Location: Approximates 1100 South 121' West Requesting to change the zoning from LDR2 and CBC to CBC CITY OF REXBURG Ameriuu /amity Community Water: -Existing 14" water line along north edge in University Blvd. Water line appears to end about 218 feet before west edge of zone change. Water line would need to be extended before University Blvd is extended. Sewer: -Existing 10" gravity sewer line runs N/S through property, and along north edge of property, and flows to the high school lift station which is located just north of the property. Based on our discussion, high school lift station will have sufficient capacity for this development. Future upgrades to lift station will be necessary at some point when other development occurs. Streets: -Width of University Blvd. City currently owns north 50' of required right-of-way (based on GIS) from high school property. When developed, will need additional 50' from Kauer property all the way from 12th West. -Transportation Plan plans for University Blvd to be extended west. University Blvd is planned as a major arterial street. Therefore, access to the property will be limited and any entrances will be required to align with high school entrances. (The University Blvd Extension drawing in the transportation plan is attached). -Transportation plan recommends interchange reconfiguration and installation of signal at University Blvd and US 20 now since LOS is already at F. Development will make LOS worse. -Transportation plan recommends installation of a traffic light at 12th West and University Blvd by 2040 to maintain acceptable traffic flow. A traffic study will be required for the development. If traffic study shows that signal is warranted, development will need to participate in cost of installing light. Construction of proposed frontage road on west of US 20, will also increase traffic to this intersection. Sidewalks/pedestrian: -Depending on type of development on property (e.g. restaurants), will create additional pedestrian traffic across University Blvd. Development will require sidewalk(s) along south side of University Blvd and cross walks aligned with high school sidewalks. Water Rights: -City needs irrigation water rights from parcel prior to development. Stormwater: -All stormwater will need to be retained onsite. 6udxc J F Z � O H Z W W ^ D —1 w� CITY OF REXBURG PAID DY: EPN PROPERTIES, LLL' DATE: 03/14/17 MF /0314/CNTR TIME: 14:4808 RECEIPT NO: 45i570 REF NO: 1129 10 PZ PLANNING &ZONING P 250.00 11 PZ PLANNING &ZONING P 2,500.00 CHECK, AMOUNT 2,750.00 PAYMENT 22,750.00 CHANGE 0.00 PERMIT 01700108 THANK, YOU AND HAVE A NICE DAY Community Development Department Planning & Zoning G 35 North 111 East Rexburg,ID 83440 nUy (208)359-3020 W FEE CODE FEE DESCRIPTION LU-PUB250 Hearing Publication $250 LU-RZNAPP Land Use Rezone Application Fee Please contact the P&Z Coordinator at (208) 359-3020 with any further questions about this receipt ***Credit card payments are accepted, but are subject to a 3% convenience fee on payment amounts over $500*** Printed Date: 03/14/2017 Permit Number: 17-00108 Land Use- Rezone Receipt # : 5795 Payment Date : 03/14/2017 ACCOUNT RECEIPT PAYMENT # CODE AMOUNT 2832321 PZ $250.00 2832321 PZ $2,500.00 Total Payment Amount: $2,750.00 PAI D MAR 14 2RI7 City of Rexburry Page 1 of 1