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HomeMy WebLinkAboutREASON FOR DECISION - 18-00223 - Southwest Corner of Block 6 & 241 Steiner - RezoneReason for Decision City of Rexburg pyo 35 North 1st East Phone: 208.359.3020 Rexburg, ID 83440 www.rexburg.org Fax: 208.359.3022 Rezone 18-00223 Southwest Corner of Block 6 & 241 Steiner Medium Density Residential One (MDR1) to High Density Residential One (HDR1) C IT Y OF REXBURG America' Family Communi( 1. May 1, 2018 Application was received to rezone from MDR1 to HDR1 and fees were paid. Initially, this application was going to be scheduled for the June Th P&Z meeting, but due to the full agenda, it was postponed for the following meeting. Remne from MDRi to HOR1 .... Jm.91.ms F 2. May 13, 2018, the Staff Review Summary and the Planning & Zoning agenda was emailed to Michael Bruton and Judy Hobbs. 3. May 14, 2018, The staff report May 16, Judy Hobbs was notified the legal description did not match the map submitted for the application. Also, a Staff Review Summary with Public Works comments was sent via email. 4. May 17, 2018, Judy Hobbs submitted anew legal description which was correct. 5. May 30, 2018, notice was sent to the newspaper to be published on June 5'' and June 19`h, 2018. 6. June 7, 2018, notice was mailed to adjacent landowners. 7. June 14, 2018, Notice was posted on the property. Page 1 of 5 8. June 21, 2018, the . pphcation was presented to the Planning a Zoning Commission by Michael Bruton. Hearing 3. 6:45PM - (18-00223) Southwest corner of Block 6 & 241 Steiner Ave. — Rezone from Medium Density Residential 1 (MDRI) to High Density Residential 1(HDR1). Michael Bruton — 263 E 4' W — He represents the homeowners in Block 6 that are highlighted on the map. They are asking to be rezoned from MDR1 to HDR1. He moved into the neighborhood over 26 years ago. His and the Sharps' are the only homes that haven't changed hands or been turned into rentals since the college changed to a 4 -year school. It was a typical neighborhood at that time. The neighborhood has changed. Most of the houses have turned into rentals. He is seeking to have the same zoning as most of the area around them. The homeowners that are not rentals are in favor of this change and transition. No person is in the wings to come buy their properties. Some of the applicants are getting ready to move on and now is the time for the transition. Steve Oakey asked about how many homeowners he represents. Many of the homeowners were in the audience. (They raised their hands.) Greg Blacker asked Michael what he envisions for the future of this area? Michael is thinking 2 or 3 story apartments. Rory Kunz asked about the properties between them and the properties identified in the previous hearing. Why are the property owners to the east not included? Michael answered, as a group, as a local neighborhood, they looked at the area and talked about putting their houses up for sale. Some of the neighbors are not ready to put their houses up for sale. They understand the benefits for all of them long-term. They were looking at the neighborhood, not the whole block. They have had one homeowner that they had a miscommunication with, the homeowner was not included in the action, and she will address that. Melanie Davenport identified Light Industrial to the northwest on the other side of the railroad tracks. Michael identified a potato cellar on the property. Chairman Heidi Christensen asked for any other clarifying questions. None. Chairman Heidi Christensen opened the public input portion of the hearing at 7:35 p.m. Favor: Brock Higham — 227 S 4' W — He identified where he lives on the map. He also owns the Raspberry Garden. He has watched the high density surround them. He thinks the property of Amy Hanks should be changed too. He thinks the whole block should be changed to HDR, not just the side presented for the rezone. Neutral: None Opposed: Amy Hanks — 253 Steiner — She identified her property. Her property is not included in the request. She has lived in Rexburg for 18 years. She teaches at BYU-Idaho so she understands the increase in enrollment and the need for more housing. She has also lived in her beautiful home for 13 years and planned on living in her home for the rest of her life. She loves that her home is on a small dead-end street and close to the University. There are few residential neighborhoods this close to campus on the West side of town. The road is narrow; the garbage truck has to back out and turn around before it can gather the trash from the other side of the street. There are eight houses on the street, four of them are occupied and the rest are rentals. Some are student -approved housing and others are family housing. She is the only person who occupies a house on the East side of the street. She was not informed until the public notice was released. She does not think changing the zone on one side of a small street to a high-density zone and leaving the other as a medium Page 2 of 5 density zone is a gaud idea. She thinks the zoning should be u,e same in this small of an area. Written Input: None Rebuttal: Michael encourages the Commission to ask for support at this time to be rezoned, and if you can also do the other part of the block also. He feels this would be the best option. To table the request, might alter the neighborhoods' agreement. Chairman Heidi Christensen closed the public input portion of the hearing at 7:41 p.m. She invited staff to report. Zoning Administrator, Craig Rindlisbacher identified this area as moderate to high residential in the Comprehensive Plan. Staff has not come together on this issue; there are varying opinions. They are looking for direction from the Commission in the conditions of the approval. A larger area would need to be noticed and go back through another public hearing process. Rory Kunz talked about the 4" W. street traffic mentioned and asked about the traffic study for this area. Scott Johnson does not have a traffic study specific to this rezone. On 4', unless we want to pay to cover the canal, the road will probably stay the same. The traffic entrances and exits would be on different roads. This entire area has been looked at for the traffic study due to the Arbor Cove and Rael Development. Kristi Anderson wanted to clarify that Amy was not opposed? Can a decision be delayed? You could give staff direction to come back with the entire block. If the area was going to change, Amy would like her property be included. Commission Discussion: Melanie Davenport was reminded that the zone change does not necessarily determine that development will happen. Bruce Sutherland talked about the history of the Steiner area being affected by the change from Ricks College to BYU- Idaho. Apartments went in. People watched as homes around them have turned in to rentals. This area has been transitioning. He sees wisdom in a blanket rezone. If the City requests the change, there is not an extra charge. He recommends the Commission step back and allow the other side of Steiner to be rezoned as well. Rory Kunz also has been thinking along these same lines. Due to the approvals today, the zoning is not transitional. The medium density is more of a spot zone. As a zoning body they have focused on transitioning in grade -downs or grade -ups. It makes sense to contact all of the property owners on this block to be included in this zone change on 3`d W. He would like to see more inclusion to keep the zoning more cohesive and congruent. Kristy Anderson asked, can you have too much high-density housing? Does it matter? Will this create problems? Scott Johnson answered, this is a trick question, there can be. He doesn't believe the growth of the University will cause this are to transition to be a problem. Someone still has to come in and want to develop the area. The zone change can continue and ask staff to go forward and look at the rest of the block. The request could also be tabled. Gil Shirley asked about the Comprehensive Plan for this area. It is all moderate to high density residential. Gil Shirley lived on this block for 22 years when it was all residential. It was a nice neighborhood. When the college changed, he knew it was going to change and he sold the whole northwest corner of the block where there are apartments. He lives out of town. He thinks this area will continue to change whether they like it or not. Melanie Davenport sees less huge developments. They are looking at high density, but not as high-density as some they have seen in the past. Page 3 of 5 Steve Oakey is usually in opposition of property zoning as far as spot zoning. Whose property rights prevail over others? He would not delay this action, give the people what they want, because it is these peoples' property. He thinks the property owners should have the opportunity to sell as needed. He doesn't see a reason to table the request. Melanie Davenport says it would make a difference to her if it didn't come as a block and the comprehensive plan supports the action. Kristi Anderson would personally prefer to wait and make sure it all happens. This would save people money. The City will probably take on the additional cost. Rory Kunz does not want have to delay, but he doesn't want the neighbors not included to have to pay additional fees to be included in the rezone. He thinks any future request in this area should be without fee. Melanie Davenport has not heard the neighbors worry about the money. She thinks it would be reasonable if they pass this request, the City should pursue the other half of the block. Bruce Sutherland says this is just a recommendation; this application has to go to City Council, but suggests City Council instruct staff to look at a rezoning of the other parcels. Craig asked the Commissioners to clarify what "the rest" is. Motion: Motions to recommend to City Council to approve the zone change presented on the west side of Steiner and 4" West with the recommendation City Council proceed with a rezone east to 3rd W and south to 3rd S to clean up the zoning and make it conducive to development. , Action: Moved by Bruce Sutherland, Seconded by Rory Kunz. Discussion for the Motion: Kristi Anderson, are we saying the whole block or south of the Medium Density Residential 2? Bruce Sutherland was saying the properties south of the current MDR2 zone. Bruce Sutherland withdrew his motion. Page 4 of 5 Motion: Moved to make a substitute motion to recommend to City Council to approve the zone change presented on the West side of Steiner with the recommendation City Council rezone the whole block, excluding the northwest corner currently designated as Light Industrial to keep the block unified., Action: Moved by Kristi Anderson, Seconded by Mark Rudd. Vote: Motion carried by unanimous roll call vote (summary: Yes = 9). Yes: Bruce Sutherland, Chairman Heidi Christensen, Gil Shirley, Greg Blacker, Kristi Anderson, Mark Rudd, Melanie Davenport, Rory Kunz, Steve Oakey. 9. Ordinance No. 1191(18-00223) to Rezone SW Corner of Block 6 and 241 Steiner Avenue from Medium Density Residential 1 (MDR1) to High Density Residential 1 (HDR1). City Planner Rindlisbacher reviewed a map of the property on the overhead screen. There were some residents that spoke in opposition of the rezone at the Planning and Zoning Meeting. The residents opposing the rezone indicated at the meeting that if the rezone was approved; they would prefer the entire block be rezoned to High Density Residential One. The Planning and Zoning Commissioners recommended approval of the rezone and that the city moves forward with a block wide zone change with the exception of the Light Industrial Zone in the SW Corner of the block. City Planner Rindlisbacher said City Council's motion for tonight would only include the parcels he described. A city sponsored zone change would need to be requested to rezone the rest of the parcels excluding the Light Industrial Zone. Page 5 of 6 Council Member Flora asked if the city would be able to sponsor the rezone for the remainder of the properties. City Planner Rindlisbacher replied yes with the direction of City Council the city may sponsor the cost to rezone. Council Member Wolfe moved to approve the Rezone at the SW Corner of Block 6 and 241 Steiner Avenue to High Density Residential 1 (HDR1) and instruct staff to move forward with the rezone application of the remaining parcels requesting the zone change as discussed; Council Member Flora seconded the motion; Mayor Merrill asked for a vote: Those voting ave Those voting nay Council Member Flora Council Member Wolfe Council Member Busby Council Member Walker Council President Smith The motion carried July 11' 2018 City Council Meeting Council Member Walker moved to consider Ordinance No. 1191 (18-00223) to Rezone SW Corner of Block 6 and 241 Steiner Avenue from Medium Density Residential 1 (MDR)) to High Density Residential 1 (HDR1) second read; Council Member Mann seconded the motion; Council President Smith asked for a vote: Those voting aye Council Member Flora Council Member Mann Council Member Wolfe Council Member Walker Council President Smith The motion carried July 18' City Council Meeting Those voting nay None Council Member Mann moved to third read and approve Ordinance No. 1191 the rezone at the SW Corner of Block 6 and 241 Steiner Avenue from Medium Density Residential 1 (MDR)) to High Density Residential 1 (FIDR-1); Council Member Wolfe seconded the motion; Mayor Merrill asked for a vote: Those voting ave Council Member Mann Council Member Wolfe Council Member Busby Council Member Walker Council President Smith The motion carried Page 6 of 6 Those voting nay