Loading...
HomeMy WebLinkAboutREASON FOR DECISION - 18-00701 & 18-00711 Rezone Lorene St. & 547 E 7th NPage 1 of 20 Rezone 18-00701 & 18-00711 Lorene Street & 547 E 7th N From Community Business Center to Medium Density Residential 2 1. December 12, 2018 Application was received to rezone from Community Business Center to Medium Density Residential 2 and fees were paid. 2. December 14, 2018, A second landowner on an adjacent parcel submitted an application for the same zoning request and fees were paid. 3. December 21, 2018, Notice was sent to the paper to be published on December 28th, 2018 and January 11th, 2019. 4. January 3rd, 2019, the Staff Review Summary and the Staff Report were emailed to the applicant. Notice was also mailed to all property owners within 350’ of the parcels. Both applicants were notified of the shared notice and offered a refund of half of the publishing fee or the transfer of this amount to a future application fee. 5. January 8th, 2019, A letter was also received from Laura Rhein. Val responded via email on January 16th, 2019. 6. January 10th, 2019, Notice was posted on the property. 7. January 14th, 2019, a letter was received from Susan Clark. Letters were also received from Gary Chapman, Richard B. Adair and Pamela Adair. 8. January 15th, 2019, A letter was received from Neil & Sherri Erickson. A letter was also received from Cathy Griffith. The written responses and meeting agenda were sent to the applicant. 9. January 16th, 2019, A written response letter was received from Lyle and Cyndi Wakefield. A letter was also received from Colonel Rolan Dowell Griffith Sr. 10. January 17th, 2019, A written response letter was received from Justin T. Cooper & Cindy T. Cooper at the Planning & Zoning meeting with signatures from neighbors. Shalynn Lister sent the W-9 for refund of ½ of the notice fee and the refund was processed. 35 North 1st East Rexburg, ID 83440 Phone: 208.359.3020 Fax: 208.359.3022 www.rexburg.org Reason for Decision City of Rexburg Page 2 of 20 11. January 17th, 2019, Bron Leatham and Blake Jolley presented the application to the Planning & Zoning Commission. Staff Introduction: Attorney Stephen Zollinger introduced the area of the proposed zone change which has gone through a Comprehensive Plan Map change due to the relocation of some of the commercial businesses in the old Wal-Mart area. The Comprehensive Plan is a visioning map that must be complied with; it is intended to show a concept of growth for the community. The area between the old Wal-Mart and Stonebridge subdivision was designated at this time as commercial. The original Wal-Mart relocated to the north. The Economic Development staff determined this area was no longer desirable as a commercial area but would be more viable as a transitional zone from the commercial to the residential area. The Comprehensive Plan change was from Commercial to Low to Moderate to allow the buffering to occur. The Comprehensive Plan was approved. Tonight the request is a rezone request for the commercial properties to Medium-Density Residential 2 for apartment complexes consistent as a buffer between commercial and single- family homes. The idea is a gradual increase from 4.3 units per acre in Stonebridge to the density for an MDR1 (Medium-Density Residential 1) zone, which is 16 units/acre, or a MDR2 (Medium-Density Residential 2) zone, which is 20 units/acre. A slightly higher density may be allowed with some incentives with a Planned Unit Development. Staff is aware about the concerns at the intersection on 7th North and 2nd East. The intersection is being redesigned. The funding for changes to that intersection is primarily in place. $2 million of the $3.5 million has been obtained and the plan has been turned over to the state for a match of funds. ITD has to run the money through an intensive process. There is tentative approval, but formal approval is anticipated when the transportation board meets again the first part of February. The intersection at the railroad tracks where 2nd East and North Yellowstone Highway meet, would be removed and the intersection at 7th North and 2nd East will be modified by the city or the State of Idaho. Prior to the intersection reaching critical failure, the intersection will be modified by the State of Idaho or the City of Rexburg. Page 3 of 20 The Comprehensive Plan must be complied with. The intention is to show the concept for intended areas of the community. The map has been updated to match the approved Comprehensive Plan Map change. Stephen Zollinger identified the Comprehensive Plan Map change area on the GIS map. One of the lots was previously nonconforming, however the desired zoning was already in place. The Comprehensive Plan Map change has made this parcel compliant. Steve Oakey asked who has first rights to see the development through on these parcels. Stephen Zollinger reviewed the original owners, the Willis Walker family, who owned most of the land to start out with. The land was divided among other family members. Mr. Oakey commented that each individual property owner has the right to maximize their properties how they would like. He asked what level of direction or interference the city wants to take in telling the property owner what to do with their property. Attorney Zollinger replied the City directs the property owner’s use as it is consistent with the community’s best interest. The Staff reviews the proposal for infrastructure, engineering, and planning then presents to the committee of citizens (Planning & Zoning Commission) to determine if the requested change balances with the community’s best interests. The Comprehensive plan is the growth plan for the community and give the property owners the right to maximize their use within that plan which is a range in the plan. For example, if the property owners were coming forward for a heavy industrial use next to single-family homes, this may maximize their property for them, but would not be in the best interest of the homeowners. This particular zone change request is in compliance with the Comprehensive Plan. Commissioner Davenport asked if staff considers Envision Madison results when looking at the Comprehensive Plan and zone changes? Attorney Zollinger replied yes, and staff believes this request is consistent with Envision Madison data. Any changes in data points, have been factored in by the staff, who worked on Envision Madison, and these individuals are all currently employed by the City. Commissioner Haley asked pending the approval of the ITD funding in February, when does the city estimate the construction would take place for the 2nd E intersections. Attorney Zollinger answered, the construction is dependent on two factors, 2nd E is a State highway; two proposals are being discussed: 1) The State would turn this over to the City and let the City take the primary lead or 2) the connecting road at Thomson Farms that would connect with 2nd E, which is not a state road. Much of the project is not State highway, but interfaces with the highway. If the State runs with the project, it would slow the project down. The current mindset is the State would allow the City to design and develop the project, and the State would simply fund 50% of the unfunded amount. The remaining $1.5 to $2 million is the funding the State is determining. If the City takes it and designs it, the City anticipates completion by August, during the seven-week break of the University. Commissioner Haley asked, worst case scenario, adjustments to the intersection will still be done. The Chamber of Commerce may be lost without the whole project approval. The driving force is the truck traffic coming out of Basic American. The City’s funds would go to signalizing the 2nd E and 7th N intersection and other changes would be put on hold until the state could catch up. Does the increased traffic at Basic American Foods put the intersection at critical failure? Attorney Zollinger replied no, it wouldn’t. There are already housing areas that are moving forward that do not require any Page 4 of 20 more public hearings. Housing areas were identified on the GIS map. Whether this is a failed intersection or not, the City recognizes this intersection as a problem. At any time, you see traffic take alternative driveways, the City does not see a requirement of more cars to make changes to the intersection. Chairman Rory Kunz asked the Commissioners if they had any clarification questions for staff. None. Presenter: Bron Leatham – 720 Cornelison Ave. – Mr. Leatham said the proposal is pretty simple. He has been working with city staff. He did not expect quite the concerns from residents. He has the 3 ½ acres for the application to rezone from Commercial to a medium density, which would be MDR2, similar to the density on Yellowstone Highway where 4-plexes are going in. This area is 20 units/acre. He does not intend to build 4-plexes; he intends to put more units in a single building. He referred to his development on the south side of town which is next to the LDS Stake Center on 7th South, the coper-colored buildings, which is HDR2 and 42 units/acre. The development will be community housing. He is going from a commercial to what is considered a lighter use than what commercial could be in Rexburg. This is his 3rd public hearing on this project and he will have five more public hearings to allow public input. At each stage, there are more and more requirements. Once the zoning is in place, he knows what density he can build up to, then he uses this parameter to design the project, using the market to guide him. Development and platting plans still need to be brought before the public. The closest property is 400’ from the property line of Stonebridge. There is a 20-acre parcel between his parcel and Stonebridge that is already zoned. Right now, only three residents are affected by changes in their backyard, because much of the development is platted but lies undeveloped. When plans are presented, these three neighbors should come in and voice their concerns and requests. There will be a road between what he is doing and the next property. He is a local, 4th generation Rexburg resident, and he owns two businesses in town. He wants to see things developed and done well; a quality product that works. He has an employee that lives in Stonebridge and they have worked together for 20 years. He doesn’t want to negatively impact her or her community. No matter what, growth and development are undesired. A room of those who lived on larger acreages may have happened when Stonebridge was introduced. Residents of Stonebridge are probably grateful now, they have a nice place to live. When Bron gets to the platting stage, a traffic study will be required. A traffic study determines the additions the development will make to the area problems and the developers have to pay to help fix the problems. Most of the problems already exist because of other developments that have been allowed to happen, including Stonebridge. His business is a mile down the road and he would like to talk with neighbors to work things out. Please call Bron at 208-351-3044. Commissioner Greg Blacker asked about the roads. Lorene Street and Carlow Drive will have to be built as part of Bron’s project and be connected. Most likely when the 20-acre piece is developed, the stub on the west side of Stonebridge would have to be connected as well. Commissioner Kristi Andersen asked if Bron Leatham was representing both parcels. Bron is not representing both applicants, only as the owner of the smaller parcel. The representative for the larger parcel will speak after Bron is finished. Bron met with this other applicant to work with him. Bron made the initial application, so that is why he is the lead in the presentations. Page 5 of 20 Commissioner Oakey is not opposed to outside money coming into the community and there is an educational facility that supports the community out of Utah. He is going to assume that Mr. Leatham has run the numbers to determine he is filling a need in the market. Mr. Leatham indicated he does not have any immediate plans at the moment; the entitlements need to be in place before a project is designed; he knows the cost and he knows what interest rates are going to do. The building he just finished is a 56 unit/building and it is pre-leased and it won’t be finished for 4 more months. He has not had a vacancy in two years. Commissioner Bowen clarified the zoning has been Community Business Center (CBC), which is retail and service, and now Mr. Leatham wants to change it to residential. Commercial needs to be seen from the main roads, and this property can’t be seen from the road. This area is back behind current commercial. Commissioner Bowen sees no problems with the proposal. Blake Jolley – Connect Engineering – 1150 Hollipark Dr., Idaho Falls – Mr. Jolley has also been working with city staff. He added that the zoning falls within the range that is allowed in the Comprehensive Plan. Blake read, “The MDR2 zone is established to act as a buffer between single –family dwellings and a non-single-family zone (Development Code).” The City with the Idaho Transportation Department (ITD) are working together to make the intersection at 2nd East and 7th North a safe one. Mr. Jolley commented that if the best use for this area was commercial, it would probably already have been developed. The big box stores have moved further north because their traffic counts were better there and better access. He identified the 10-acre piece that he represents. Commissioner Oakey thanked Mr. Jolley for bringing his money to Rexburg. Chairman Rory Kunz asked the Commissioners if they have any clarification questions for the applicant. There were none. Chairman Rory Kunz opened the public input portion of the hearing at 7:11 p.m. He identified the only two parcels that are being requested for zone change on the GIS map. If someone wants to develop the 20 acre currently zoned parcel, they would not need to come to public hearing. Those in favor: Neil Erickson – 679 Mill Stream St.– Mr. Erickson believes if the area is developed into commercial, some commercial could come in with big lights and would impact the line of homes. Industry could come in that makes noise all night long. Many of the residents moved to Stonebridge for somewhat country living and some quiet. The alternative could be much worse than what is being requested. He originally did not think there would be a buffer. He asked if medium-density would allow two-stories. He does not see another use of the land that would be conducive to single-family homes. The parcel that the neighborhood needs to watch is the 20- acre piece. Carlow was a concern; many negative effects. Attorney Zollinger responded, MDR allows 40’ high and single-family allows 30’ maximum. The problem with MDR2 going 40’ high, you end up with a lot of empty land around it. He does not see another use of land would be more conducive to the single-family homes. He welcomed the applicants to the neighborhood. Page 6 of 20 Those neutral: Natalie Eysser – 635 Canyon Springs Dr. – Ms. Eysser’s experiences in her life makes her less concerned; she has been in this same situation before. She grew up in Harriman, Utah, in the southwestern part of the Salt Lake Valley where it was completely farm country. In the beginning, zones were slowly changing and building starting occurring and growing; now, 15 years later, they are having major infrastructure issues. They don’t have enough roads to safely evacuate people if there was an emergency. She believes that the City does not currently have the infrastructure in place for the zoning. There is no place to build roads, put in fire stations, etc. for the zoning that was created. Ms. Eysser said as a City we need to look at everything going in this area and determine the maximum amount of people allowed in this area. She is worried about the funding and infrastructure not being in place already. She feels that we do need more apartments and more people need homes, but she doesn’t want the same thing to happen to Rexburg that happened in Harriman, Utah. She would like to see a planned growth in Rexburg. Sharlynn Randall – 472 Woodbridge St. – Ms. Randall agrees with Ms. Eysser. She would like to limit the buildings to one-story. Her main concern is traffic. She has a 16-year-old that is starting to drive and she won’t let her turn left onto 2nd East. She has seen how impatient people get at this intersection. She wants the infrastructure in place before the application is approved. Tammie Bagley – 623 W Stonebridge St. – She is concerned about the traffic. Some of the roads are held together with paving patchwork. Ms. Bagley has seen dump trucks dumping snow and dirt in the LDR1 section to the southeast of Stonebridge (658 E 7th N). One of the three houses is hers that abuts the MDR1 buffer. She is hoping for lower height on the apartment complexes. Please consider the traffic flow problem before building in this area. Brett Jeppson – 1013 N 9th E - Mr. Jeppson indicated he is not against Mr. Leatham’s proposal. His neighborhood pretty much missed out on the rezone for MDR1. People were misled when the Carlow Apartments went in. He thinks the traffic is already in a critical stage. He knows at one time there was a proposal down behind the Albertsons for a road to connect to the light at Albertsons. He believes we as a community need to be proactive. Opposed: Laura Rhien – 637 W Stonebridge St. – Ms. Rhien is not against the proposal and wants to work with the city and developers. She agreed with those who have spoken previously. She has no problem with progress and has many neighbors that are BYU-I faculty. Gary Chapman – 674 Tanglewood Dr.– Mr. Chapman understands the need of Rexburg to grow and he is not opposed to that growth. The growth has to be measured and fit a Master Plan. There are so many people here, not so much for the properties being discussed, but in general all the legal requirements for Carlow were met, the process was not done in a way the community was informed and allow them to participate. The whole area was not taken into consideration. Those of the residents who use the intersection at 2nd E and 7th N, who use the intersection daily, would disagree this intersection is failing. Many are checking out the sales at Big5 Sports to check out the sales to connect with Loraine. There is a turn lane at Loraine, that does not exist at the intersection of 7th N. Gary referenced the large trucks driving onto the road at this Page 7 of 20 intersection and the number of those trucks; a wise driver yields to size. He proposes that not until all the funding in place, the intersections are designed, the plans are ready to be built, and there is a clear construction timeline, the zoning should not be approved. At the very least, he wants a guarantee that no platting is approved before that light is put in place. He is not against the zoning; he would prefer the zoning by MDR1 instead of MDR2. He is against the timing without the security of the light. He identified the light at Teton Village and proposed two points of egress. This would allow better traffic going in and out of this area. He knows the owner of gravel pit zoned LDR1 is working on filling it and many semi-trucks are using 7th N. The road is cracked and uneven, and the aprons are poorly defined and those in place are not being maintained causing the road to be a safety issue. Rich Adair – 663 Stonebridge St. – Mr. Adair sent a letter and asked if the Commissioners received his letter. They have. He said he is one of those property owners that was impacted significantly by the Carlow Apartments. He no longer has privacy in his backyard. The Carlow Apartments lowered his property values. The home belongs to the estate of his mother and he knew the home could not be sold. He approves of the buffer between the Stonebridge backyards and the church. He would like the City to consider proposals for streets in this area. He does not have a problem with the zoning proposed tonight. Cindy Cooper – 682 W Stonebridge St. – Ms. Cooper commented that she is not truly in opposition. She wrote a letter when Laura Rhien first brought this to the attention of the neighborhood and that letter was distributed among the neighbors receiving 60 signatures outlining most of the statements that have been made tonight. She firmly requests the signal be in place, with the heavy trucks that already use the road. She has small children and she worries she would not be able to allow her children to play in her front yard with the increased traffic. Words such as “planned” and “intended” have been used in respect to the traffic light. Neighbors would like this to be a concrete promise before any ground is broken there. The apartments were described as community apartments, but they most definitely will be filled at least to some degree by students. She prefers the area to be low density instead of medium density. She realizes the neighbors cannot effect the MDR1 zoning that is already in place. She repeated Gary Chapman’s idea about connecting roads. Cindi Wakefield- 471 Woodbridge St. – Ms. Wakefield agrees with what has been said and this is what she wrote in her letter. Page 8 of 20 Laura Rhien’s daughter – 637 W Stonebridge - Multiple schools are on the road that 7th leads to. She rides her bike to school, with the broken-up road, it is hard to not have the cars swerve; it is dangerous. She suggests a sidewalk. Aaron Jensen – 668 Stonebridge – He agrees with what has been said. He has six kids less than ten years old. He has little boys that are a little crazy. He would like to see the lights and the roads fixed. Pamela Adair – 663 Stonebridge St. – Ms. Adair lives directly behind Carlow Senior Apartments. She believes the new Wal-Mart created a lot of the traffic problems on 7th N. She would like to propose for consideration to create a buffer as a park in this area. A park could be a buffer in the MDR1 area between the single-family homes and more housing. The property is privately owned and the park land would have to be purchased. Idris Tokhi – 614 Tanglewood Dr. – Mr. Tohki agrees with has been said as far as what has been proposed. Mr. Tokhi’s biggest concern is the transparency of the City. He would like to know the plan for a strong network of roads. Carlow Senior Apartments is an example of what was promised with the structure and the parking lot proposed as a buffer from homes; this was not delivered. The housing area in Stonebridge is full of beginner-type homes. He is from California and has seen high-density. The sale of his home and reinvestment is dependent on the transparency of the City. Chairman Kunz closed the public hearing at 7:51 PM. Rebuttal: Bron Leatham - He apologized about his comment regarding outside money; he enjoys seeing the growth and investment that investors bring to Rexburg. How is 7th N going to get fixed? Ryan Andersen is going to fix the road in front of his development and put in a sidewalk, because that is what the city requires. This is a positive improvement. Bron and Ryan will build the road connections with Lorene and Carlow. The people who are currently part of the problem existing right now will not be paying for this improvements. Development brings new infrastructure. He personally does not want his taxes increased to pay for infrastructure. We are trying to work together to improve the area. He is serious about his statement to contact him to be totally informed. Steve Oakey suggested Blake Jolley give out his number too. Blake Jolley shared 208-681- 8590. Blake Jolley spoke about his appreciation for the community involvement this evening and their professionalism. As this area is developing, if you want to see what is taking place, please come in and visit with the city; standards have to be met. The City Engineer looks at the streets and levels of surface to determine improvements required. He will have the traffic counts that may justify why this intersection is not at critical status. He invited the members of the community to come into the City to see their plans; the City is very open about the master plan with streets. He repeated the developers improve the streets to current standards. Blake is happy to meet with the residents. Chairman Rory Kunz stated the Commissioners have all received the letters that have been submitted. Those letters will be entered into the public record. The board will discuss the Page 9 of 20 presentation for the zone change of the two parcels. There will be multiple opportunities as the process moves through development. Commissioner Oakey asked Attorney Zollinger to address the traffic issue and future roads, the Carlow Senior Citizen home and safety for children and how the city provides for a safe environment. Stephen Zollinger addressed the area to the south is not in public right-of-way, it is privately owned driveway shared as a joint easement for the parcels behind the commercial businesses. When the parcel comes in for development, the city would look for an exit out of the parcel on the south side of Albertsons which would require a purchase of the land. 7th N has been a city street for a number of years, but it is not even close to the top of the priority list for maintenance of streets. We don’t have the tax base to maintain the roads we already have and acquire a deficit of approximately $1 million per year. We welcome additional businesses that increase our tax base, but doesn’t increase our road mileage. As parcels develop, the road of 7th N will be improved as a requirement of the City. The City doesn’t know how the Stonebridge Subdivision was put in without widening the road, he only knows there was discussion at the subdivision proposal this may happen at a later date. A condition of the development of the two proposals tonight will be intersection and completion of the connection of Loraine and Carlow, which allows an acceleration lane. Until the 20-acre parcel develops, there is no legal means in which the City could require the road to go north to connect with Carlow and Lorraine. He identified an area that will be under contract as a park with two accesses available and tie in with the walking path along the river within the next month to the east of Stonebridge. There is a walking path along the south of the Stonebridge subdivision along the river that is part of the plan, which will come up and a bridge will be created to access the park. Land was given to facilitate access to the paths and parks in the subdivision plat. The City is looking toward the future. The City works with the school district to provide safe transportation to school. The City coordinates with the school on a regular basis. If there are not places where children can wait for buses or cannot travel safely to the schools, the City works with the school district to provide solutions off the lane of travel. Natalie will put this on the traffic safety committee’s agenda for discussion at their next meeting. Stephen Zollinger had some health concerns over the last few years, and he was not present for the Carlow discussion. He is not aware of any circumstance when the City knowingly deceives the public. There are times the City staff thinks they understand the concerns of the public, and they end up missing the mark, but it is accidental. He is not aware of plans to put the parking lot on the other side of the building; if there was someone missed it. Single-family homes with two-story buildings behind them is not an easy thing to prohibit. Setbacks could have been used to distancing to put the balconies further from the single-family homes. Idaho does not allow for prescriptive conditions for sunshine or horizon laws. Carlow went through all of the hearings and did not garner as much public interest. The City staff view the community residents as their first property. Kristi Anderson asked about the schools. With all the development coming in, will the community have enough schools? How does the city pay attention to the schools and plan for that? This is the area for Adams Elementary. Attorney Zollinger responded, the City meets with the school district on large construction projects. The development will have a minimal impact on Adams Elementary student numbers. The school district does have a good model to determine the impacts of the developments and they will raise a red flag. Summerfield was given as an example. 2nd E does have school bus stops. If this area is not on the school bus route, Page 10 of 20 there is room at the Stonebridge subdivision to create a pull-out, but this decision is left to the safety committee. Natalie will talk with the school district to allow a safe pick -u p. Chairman Rory Kunz suggested the Commission deliberate concerning the proposal. Commissioner Keith Esplin thanked the audience for their involvement, courtesy and consideration. He was involved in a zone change several years ago in Bingham County, and it wasn’t near this positive of an experience. He believes good community involvement leads to better outcomes in the long run. Commissioner Steve Oakey would make a motion if no one else does, to approve the request due to the good transition. This is a tough piece of property to develop commercially. He thinks the City and state are well ahead of addressing the community’s issues concerning the conditions of the roads. The developers will be responsible for the building of the roads. City staff has recommended the Commission approve this request. He will wait for further discussion. Commissioner Greg Blacker says this is what we want in this part of the city. Putting housing in this area closer to their destinations, will cut down traffic in other areas of the city. He has faith that the City will put a stoplight in this area. As far as safety in widening the road and building the sidewalk, he believes this will improve the neighborhood. Kristi Anderson’s concern is what if the light does not go in? Is there any point in our process where we can stop the process before the light goes in? Chairman Rory Kunz responded, the request currently is just for a zone change. There are many more steps that will be a public hearing before structures are being built. Attorney Zollinger said the rules at this intersection are not met, yet. The State has a hierarchy and the state has to fund the change if the intersection meets the warrants. The warrant is a defined number that has not been met yet. 7th N is not the worst east-west crossing over 2nd E. There is a limited amount of government funds. To handle the maintenance deficit, the City stretches the street life cycles. If we allow development, the warrants are more easily met. The state will plug the new units into their system and determine where the warrant falls on their hierarchy. The State has already acknowledged this is a bad intersection, whether it comes up with the right warrant number or not. The non-typical intersections reach critical before the typical intersections. The funds through the state are being determined through the State’s safety program. The off-ramps are currently at critical stage for the State Improvement Plan potentially in 2024. At the development phase, a recommendation could be made that the funding for the intersection be in place first; however, this kind of condition will be tough to defend. The State has developed a very finite system. Commissioner Davenport said looking at the proposal, the buffering that it provides, the close proximity to parks and trails, the close proximity to banks and grocery stores, this looks like an amazing, walkable community. It is a great neighborhood plan. She feels many neighborhoods would be envious of the connectivity this area offers. She is for the proposal. Steve Oakey reminded the Commission they would be denying the two property owners the ability to move forward in their process by placing the discussed conditions on the motion. Mr. Haley thinks that the Commission vote on what the zoning would enable the developer to do. He believes the zone change needs to happen immediately. If Bron was not here tonight, a commercial building could be put in tomorrow without any permission from the neighborhood. The current height under the current zoning is 65’, under the new zoning the height is 40’. Under the current zoning, the minimum lot size is 5 acres with 75% coverage and no landscaping required. Under the new zoning, there is a maximum of 20 units per acre with 20% Page 11 of 20 landscape coverage. In his mind, if he lived in Stonebridge, he would be all in favor of this proposal. When the Comprehensive Map change was made, staff stated all the infrastructure was in place. The traffic light scheduled to be improved this summer, could not happen any quicker if you were developing the land and doing this yourself. Motion: Motion to recommend to the City Council to change the zoning from CBC to MDR2 on these two properties because there is a buffer between this proposal and the single-family residents, the traffic and the state are ahead of the issues, the developers will be responsible to improve the roads, and the City Staff have recommended the request, Action: Approve, Moved by Vince Haley, Seconded by Melanie Davenport. Commissioner discussion. None. Vote: Motion carried by unanimous roll call vote (summary: Yes = 9). Yes: Greg Blacker, John Bowen, Keith Esplin, Kristi Anderson, Melanie Davenport, Rory Kunz, Steve Oakey, Todd Marx, Vince Haley. City Council Meeting March 6, 2019 1. Third Reading: 1. Ordinance 1208 #18-00701 & 18-00711 – Rezone 250 E to 450 E 7th N from Central Business Center (CBC) to Medium Density Residential 2 (MDR2) Planning and Zoning Administrative Assistant/Coordinator Tawnya Grover said this proposal was requested from two separate applicants they were seeking the same zoning. The notices for both rezone requests were sent out together. There was opposition from the adjacent property owners because of miss-information. The residents expressed concerns about the added traffic the development could cause. They were also concerned with building heights up against one to two story homes. The property owners were relieved to now there is property between the rezone property and the Stonebridge Subdivision that would create a lower density buffer. ORDINANCE NO 1208 Rezone Approximately 250 East to 450 East 7th North, Rexburg, Idaho to Medium Density Residential 2 (MDR2) 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. Page 12 of 20 Council Member Flora moved to approve and consider Ordinance 1208 the rezone at approximately 250 E to 450 E 7th N from Central Business Center (CBC) Zone to Medium Density Residential 2 (MDR2) Zone third read; Council Member Wolfe seconded the motion; Mayor Merrill asked for a vote: Those voting aye Those voting nay Council Member Flora None Council Member Mann Council Member Wolfe Council Member Walker Council President Smith The motion carried Page 13 of 20 Comprehensive Plan Map Amendment 18-00612 Lorene Street From Commercial to Low to Moderate Density Residential 1. October 31, 2018 Application was received to change the Comprehensive Plan Map from Neighborhood Commercial/Mixed Use to Low to Moderate Residential and fees were paid. 2. Shalynn Lister came in a day or two later; she had made a mistake on the application and was applying for Medium to High Density Residential. 3. November 2, 2018, the Strategic Planning group discussed including more properties with the request to clean-up the area as there were some parcels that weren’t correct on the planning layer and already zoned. 4. November 15, 2018, the application was presented at a Strategic Planning meeting. The application was discussed again. There is no buffer between the potential high-density residential and the single-family homes in Stonebridge. • Standalone residential surrounded by commercial • HD against SFR • Lorene emptying on 2nd E • Banded approach or “no HDR” 5. November 27th, 2018, Staff met with Bron Leatham & Shalynn Lister and explained the City’s concerns. • Applicant will submit another application. • The City will do a comprehensive traffic study for the area. • January 3rd Planning & Zoning meeting. • Condo plat 6. December 10, 2018, Notice was sent to the paper to be published on December 18th and December 28th, 2018. 7. December 13th, 2018, the Staff Review Summary was emailed to the applicant. 8. December 18th, 2018, Notice was mailed to all property owners within 350’ of the parcels. 9. December 27th, 2018, Notice was posted on the property. 10. January 3rd, 2018, Bron Leatham and Barry Baine (Connect Engineering for included parcel) presented the application to the Planning & Zoning Commission. 6:35PM - (18-00612) Lorene Street Comprehensive Plan Map Change – Amending the Comprehensive Plan Map from Commercial and Open Space to Low to Moderate Density Residential at approximately 250E to 450E 7th N. Two landowners have come forward in this same area to rezone for future development. (action) Page 14 of 20 Bron Leatham – 1272 N. Yellowstone hwy. - presented the application for Lorene St. There are actually two applicants. The parcel is behind the old Wal-Mart, which is the old Davenport property. He is proposing to change the Comprehensive Plan from Commercial to Low to Moderate Density. The ultimate goal is to do an MDR2 zoning. There is more market demand for multi-family housing. Originally, Bron wanted to go to a higher density. The City has some concerns with high-density north of the river. Keith Davidson had concerns about the traffic in this area. Bron anticipates connecting Lorene Street and Carlow Drive. He anticipates the traffic will go to Carlow and north to 7th N. He does not have an imminent plan to develop and wants to see some of these things happening first. A traffic study will be completed at the time of platting. There are some sewer capacity limitations on 2nd E.; a solution is being worked on. Drainage will be handled on site. These items would be addressed when he comes forward with a development plan. He anticipates the size of probably between apartments and 4-plexes; some may be a condominium product rented and others sold. It makes sense to have the residential near the commercial instead of continuing to push it to the outskirts of the community. He originally brought the proposal forward. Since then, other parcels were included in this proposal. Chairman Rory Kunz asked for any other clarifying questions. Kristi Anderson was confused about the areas included. Bron Leatham said he approached the city and the city did not want to do a spot change to the Comprehensive Plan for only his parcel. The 20 acre Grover property is already zoned for residential, but the Comprehensive plan doesn’t match the zoning. That is probably why they are not here; they do not need the change the Comprehensive Plan to do what they want. The 10 acres and Bron’s property do need to be changed. Stephen Zollinger, City Attorney, explained the area the Commission is seeing tonight does include all the properties Bron has shown. After the relocation of Wal-Mart, from the City’s design perspective, this area began to be designed towards residential as opposed to commercial. Bron Leatham suggested this Comprehensive Plan change provides a transition from the commercial to the single-family residential neighborhood, Stonebridge. Barry Baine – 1150 Hollipark Drive - Connect Engineering – Representing the applicant. He is working with the owner or soon-to-be owner of the northwest 10-acre property Page 15 of 20 included in this proposal. He is also pursuing multi-family housing. The property around the church is also being developed by Connect Engineering. Both properties have different owners, and Connect Engineering has already spoken to the City about their plan. Stephen Zollinger referenced the potential changes for the intersection at N 2nd E and 7th N. The Rural Planning Organization (RPO) is looking at reconfiguring the intersection by the railroad tracks. They are working towards funding for the intersection and signal light changes in this area. Water capacity is more than adequate due to the local water tower. The traffic project will begin in the spring with the expansion of Basic American. Staff believes this application is in the best interest of the community right now. Keith Esplin asked if he is seeing plats on the map? Stonebridge has been platted, but only one lot has been sold. Building has not continued. It is viable for development into single-family residential immediately. Kristi Anderson asked why the assisted living center was included in the Comprehensive Plan changes. Their parcel was included to bring them in to consistency. They are already zoned medium-density and did not consist with the Comprehensive Plan layer. It is a clean-up for this property. Mr. Leatham’s property is currently zoned commercial. This change with the Comprehensive Plan is in anticipation that Mr. Leatham will come back with a proposal for a zone change to match. Vince Haley asked about the intention of the roads with Lorene and Carlow. If the Leatham development continues, Lorene and Carlow would intersect. Greg Blacker asked about widening 2nd N. As the properties develop, developers adjacent to the road will be required to dedicate right- of-way to create consistent width. The power lines are on a deeded easement. The road may transition a little bit with an atypical design because of the power lines. Barry Baine stated the property to the north has already dedicated the right-of-way to match what is in front of the church. Chairman Rory Kunz opened the public input portion of the hearing at 6:50 p.m. Favor: None Neutral: None Opposed: Justin Hodges – 532 Sunflower Rd – He used to live off of 9th N and traveled down 7th N on a daily basis and he is currently building off of Russell road. His concerns were the saturation points for transportation and infrastructure. Rexburg seems to be continually adding more apartments. Is it Rexburg’s responsibility to provide housing? Currently, on 7th N it takes a long time to wait and turn out on to 2nd E. He likes hearing a signal is being planned on 7th N. He is wondering why the infrastructure is not put in place before the zoning is changed? He wonders why the City can’t get out in front of the proposals instead of being reactive. Written Input: None Rebuttal: Bron Leatham – How does the infrastructure get paid for? The developers pay for infrastructure. The City is not generating money to pay for the changes. Basic American is driving the changes for the transportation in this area. It is not the City’s role to provide infrastructure to provide opportunity for developers. When you create infrastructure, you double and triple property values. The only way the City generates money is through taxes, and he doesn’t think most of the citizens want higher taxes to create more development. Development is typically how infrastructure gets paid for. The city of Rexburg is protecting property rights, not providing housing. Property owners have the right to develop their property. Developers have the right to see a market demand and try to meet that market demand. If there are too many apartments, the Page 16 of 20 developer will pay for the consequences. He is not building apartments and they are sitting empty. He built 150 apartments south of town and they are all leased up 4 months before they are finished. There is still a demand and market opportunity. Chairman Rory Kunz closed the public input portion of the hearing at 6:55 PM. He invited staff to report. Justin Hodges spoke from the audience and the chairman requested further comments could possibly be discussed after the meeting. Commission Discussion: Bruce Sutherland wanted to clarify this is not a zoning discussion, this is a change to the Comprehensive Plan. Half of the property proposed on the application is currently non-conforming. The Comprehensive Plan is the planning, vision map of the city; it is where the City sees development happening in the future. Kristi Anderson said she thinks it makes sense that residential is planned for this area. She addressed Mr. Hodges and his concerns, especially the traffic prior to development. The State controls Highway 33 and Highway 20. They don’t allow things to be built until there is a need. This proposal looks like a natural progression. Steve Oakey says that Mr. Leatham adequately defended his position. He heard in these chambers several years ago that Teton County was vigorously providing roads and infrastructure in anticipation of growth. After the housing market collapse, Teton County then became responsible for property and roads that were no longer inhabited. If the City was to envision and guess where growth was to take place and put the infrastructure in place, and in the event that no one decides to inhabit the area, the City becomes responsible. Motion: Motion to recommend the City Council approve the application to bring the Comprehensive Plan in to conformance with some of the existing zoning., Action: Recommend, Moved by Steve Oakey, Seconded by Bruce Sutherland. Keith Esplin confirmed the changes to the roads and intersections would be prior to development in this area. The City is meeting Mr. Hodges request. Vote: Motion carried by unanimous roll call vote (summary: Yes = 9). Yes: Bruce Sutherland, Greg Blacker, Keith Esplin, Kristi Anderson, Melanie Davenport, Rory Kunz, Steve Oakey, Todd Marx, Vince Haley. Rexburg City Council Meeting – January 9, 2019 Resolution 2019 – 01 Comprehensive Plan Map Change – approximately 250 E to 450 E on 7th N to the Teton River amend from Commercial and Open Space to Low- Moderate Density Residential – Stephen Zollinger City Attorney Zollinger reviewed the Comprehensive Plan Map Change at approximately 250 E to 450 E on 7th N to the Teton River amending from Commercial and Open Space to Low-Moderate Density Residential. He reviewed the location of the Comprehensive Plan Map Change on a map on the overhead screen. He explained there are four parcels. The Carlow Assisted Living Apartments are already in existence. There was an applicant that requested to have one of the parcels redesignated on the Comprehensive Plan Map so that they could go to Low- Moderate Density Residential type uses. The city reached out to the adjacent property owners and asked them to join in this application so that the city could consolidate this area, taking it from a commercial zone to residential zone. The Page 17 of 20 driving force to commercialize the area around the old Wal-Mart building is no longer there because of the relocation of Wal-Mart. RESOLUTION FOR AMENDING VISION 2020 REXBURG COMPREHENSIVE PLAN MAP Resolution 2019 - 01 WHEREAS, on the 9th day of January, 2019, the City Council for the City of Rexburg was duly convened upon notice properly given and a quorum was duly noted; and WHEREAS, in a Rexburg Planning and Zoning Commission meeting on the 3rd day of January, 2019, the Planning and Zoning Commission held a public hearing, taking public comment for and against the proposal to amend the Comprehensive Plan Map. The public hearing ended with a unanimous vote to recommend the proposed Comprehensive Plan Map change to City Council; and WHEREAS, in a subsequent City Council meeting on the 9th day of January, 2019, the City Council reviewed the findings from the Planning and Zoning Commission’s Public Hearing held on the 3rd day of January, 2019; and WHEREAS, a comprehensive plan is a living document; an ongoing planning participation effort by the citizens of the community is encouraged to ensure changing conditions meet the needs of the community; and WHEREAS, proposed changes to comprehensive plan map can change land use designations; and WHEREAS, the following approved Land Use designation changes to the Comprehensive Plan Map from Commercial and Open Space to Low to Moderate Density Residential at approximately 250 East 7th North to the Teton River (18-00612) in the City of Rexburg, Madison County, Idaho and more particularly described as follows: Comprehensive Plan Map Amendment Legal Description: Beginning at the Northwest corner of Lot 1 of the Grover Subdivision lying in Section 20, Township 06 North, Range 40 E.B.M., and running thence N89°31’34”E along the North line of said section and lot 1227.70 feet more or less to the Northeast corner of Lot 2 of the Grover Subdivision; thence S00°00’17”W along said Lot 539.42 feet more or less to the Southeast corner of said Lot; thence continuing S00°00’17”W along the East line of Lot 3 of Grover Subdivision approximately 1160 feet to the tree line and the intersection with a track/trail; thence in a Westerly direction following the tree line to a point approximately 150 feet North from the Southwest corner of Lot 3 of the Grover Subdivision; thence continuing North along said Lot line 346 feet to the corner where Lot line diverges East; thence N89°31’34”E along said Lot 110 feet; thence continuing along said Lot line N00°14’15”W 287 feet to Lot corner and intersection with parcel number RPRXBCA0203370; thence continuing N00°14’15”W 200 feet; thence S89°31’43”W 315 feet; thence N00°14’15”W 140 feet more or less to the intersection with parcel RPRXBCA0203293; thence continuing North 30 feet more or less to the intersection with the Page 18 of 20 South line of Lot 1 of Grover Subdivision; thence West 176 feet more or less to the Southwest corner of said Lot 1; thence N00°14’15”W along said Lot 624.19 feet to the point of beginning. WHEREAS, the changes shown on the Comprehensive Plan Map dated January 9, 2019 have been approved by the City Council; NOW THEREFORE, by resolution duly adopted on the date first above written, be it resolved by the Mayor and the City Council the following: The City of Rexburg does hereby accept and adopt the said Comprehensive Plan Map Land Use Designations in the City of Rexburg Vision 2020 Comprehensive Plan . RESOLVED this 9th day of January, 2019; by the City Council, City of Rexburg, Idaho. ________________________________ SIGNED BY: Jerry Merrill, Mayor ________________________________ ATTEST: Deborah Lovejoy, City Clerk ATTACHMENT: AMENDED COMPREHENSIVE PLAN MAP 01-09-2019 Page 19 of 20 Council Member Busby moved to approve Resolution 2019 – 01 Comprehensive Plan Map Change at approximately 250 East to 450 East on 7th North to the Teton River from Commercial and Open Space to Low-Moderate Density Residential; Council Member Wolfe seconded the motion; Mayor Merrill asked for a vote: Those voting aye Those voting nay Council Member Flora None Council Member Mann Council Member Walker Council Member Wolfe Council Member Busby Council President Smith The motion carried Page 20 of 20