HomeMy WebLinkAboutRFD - 19-00332 - Approx 52 N 3rd W RezoneReason for Decision
City of Rexburg
35 North la! East Phone: 208.359.3020
Rexburg, ID 83440 www.rexburg.org Fax: 208.359.3022
#19 00332
Rezone to Mixed Use
52 N 3`a W, 164 W 1st N, 231 W PIN, and 250 W Main
CITY OF
REXBURG
Cw-
Ameriwa Family Cammunit
1. June 6', 2019, An application was received for rezone from Cory Sorensen.
2. June 18', 2019, the application fee balance was paid. Permit payment for 18-00409 was
applied to this permit.
3. July 3`d, 2019, an amended legal descriptions was submitted.
4. June 27', an official notice of the hearing and public hearing instructions were mailed to all
adjacent property owners within 300' of the annexation parcels.
5. June 24', 2019, Notice was sent to the newspaper to be published on July 2ad, 2019, and July
12'h, 2019.
6. June 27', 2019, the Staff Review Summary was completed and set to Cory Sorensen.
7. July 11', 2019, Notice was posted on the property in front of Wolfe Lighting on W Main
Street, on N 3`d W, and W 1" N.
8. May 18', 2019, the Staff Report was completed and sent to the Commissioners.
9. May 18"', 2019, Cory Sorensen presented the application for the rezone.
Hearing #3 6:45PM (19-00332) — 669 S 12" W —
Rezone approximately 52 N 3`d W, 164 W 1" N,
231 W 1" N, and 250 W Main St from Light
Industrial (LI), Low Density Residential 2
(LDR2) and Community Business Center (CBC)
to Mixed Use (MU). (action)
Brad Wolfe needs to recuse himself because he
owns property in this proposal and will not be able
to vote on this application with City Council.
Cory Sorensen — 1041 Country Rd, Sugar City — He is representing four other owners, but
he owns a significant piece of this property with his brothers. A few years ago, all the
properties along Main Street were rezoned to Mixed Use to 5' W. The land for this
application was previously zoned as Mixed Use and approved in 2012, but has reverted due
i
to a Sunset Clause. Cory helped with the zone change, but he did not have significant
ownership at the time. Light Industrial doesn't really fit here anymore. The granaries,
several of them, are no longer in use. He joined forces with the owner of the silos and a
couple of other property owners. He wants to create the natural flow from low to moderate
to the west and Mixed Use, keeping the commercial component along the streets with
residential on the interior with multiple accesses, creating an environment that is a true,
mixed-use project. He believes the area is about 5.5 acres. He is negotiating with the
railroad on the railroad spur shown on the map, but not present on the land at this location.
He showed an old piece of track that is not connected to anything else. He believes the
railroad spur has not been used in 30-40 years. The goal is to ask for the Mixed Use zone.
There is not project figured out for this land at this time.
Kristi Anderson wondered about putting residential next to the railroad. Cory showed
examples along the railroad where there is zoning of high-density adjacent to the railroad
throughout the city. He lived by the railroad for ten years and said, you don't even notice
when it is going by. The railroad may see one train a day in the evening. He talked about a
property of his near the railroad he rents, and no one has ever complained about the
railroad. Cory and his brothers are long-term residents and have ties to the community. The
property lies in the center of the Infill/Redevelopment Overlay. The Infill/Redevelopment
goals of this area say, `The City of Rexburg City Council, Planning and Zoning Commission and the
City Staff have been actively engaged in an effort to promote good planning principles. After agreat deal of
study, it has been determined that wheneverpossible the large demand for community housing generated by a
growing university be focused to areas within the City core that are close to the BYUI campus, commercial
centers, community amenities and job centers. " One reason for this is because you reduce costs
developing close to the city's core: infrastructure is already present and you don't have to
spend as much money to get things to that location. 17t is in the best interest of all the citizens... "
There may be neighbors next door that may not like apartments, but for all the citizens of
Rexburg, it makes more sense to put apartments here, than put apartments west of town and
put a Mixed Use project there. Parks are within a couple of blocks, Broulims is nearby, the
property is three blocks from the University. The brick yard is a comparable project. For
the brick yard, residential has to be driven through to get to the commercial. His project
will be close to shopping. In his mind, the transitions from commercial to mixed use to
medium -density residential makes sense for good planning.
John Bowen loves the train. He had an office by the railroad tracks. His nephew is an
engineer on the train. He likes to see the agriculture products move through the community.
He feels this a great idea for this area. Cory said it has been a weed patch for way too long.
Staff Report: Tawnya Grover — The Staff report shows some of the background of this
property. This land has struggled to change on the Planning & Zoning Commission level
and the City Council. Cory actually went back a second time for an adjusted proposal once
he received the feedback from the hearings. Still, there was a struggle. The people had a
difficult time seeing change in their part of the city. The development has actually hopped
over these residents in response to these decisions and their efforts to contain the growth.
The Comprehensive Plan Map change and Rezone were run consecutively in the same
meetings, and several times, the zoning had to put off, because the Comprehensive Plan
Map changes would not go through. Several times, the Mayor was the deciding vote to say
"yes" of "no" to get things to move. Eventually, the Planning & Zoning placed conditions
to help both parties be appeased or confident their needs were addressed. On the Staff
Report on pg. 2 under September 19, 2012, there were seven conditions placed on this
request: 1) Surface parking only; no parking structure, 2) No access allowed on 3`s W, 3)
Landscaped area along the frontage of the property of not less than 50' (This is a lot of feet,
more than Tawnya sees in the current requirements in the city; this is a huge buffer.), 4) 36 -
month sunset clause after which the zoning would revert back if the project did not move
forward. (The 36 months did expire and the zoning reverted back, which is the reason Cory
is in front of the Commission again.) When the project went to City Council, three more
conditions were placed on this project: 5) Sufficient buffering with landscape for any line of
site from a building to a neighboring backyard, 6) 1:1 ratio setback, 7) Allow no more than
16 units/acre. Again there was a tie voted and the Mayor voted yes to approve the motion.
Staff feels that this time there is not the opposition that was present in the previous requests.
Looking at the patterns in this area, the request would fit. Staff did not come forward with
any infrastructure or traffic issues. With any project, a traffic study would need to be
completed, to determine any potential issues with traffic. The conditions placed now look
extreme. Tawnya felt the Commissioners needed to know these conditions to understand
what was considered by the governing bodies of the time in case any of these conditions
make sense for current use of the land.
Chairman Rory Kunz asked the Commissioners if they had any clarification questions for
staff. Melanie Davenport stated nothing significant has happened in this area. This area
has remained stagnant, while development continued around the property. The unused
property had truck trailers parked on the property. When Tawnya went out to the property,
the property had been recently mowed, but had previously been a weed patch.
Development in this area, she feels, would improve the look of the parcel and improve the
neighborhood. Keith Esplin asked if the restrictions placed on the property hindered the
development. Tawnya said no, the hindering factors were the ownerships situation of the
property and the opposition at the time. The minutes were filled with these themes. Rory
Kunz asked if development patterns have changed since 2012. Tawnya answered, yes. Just
looking at this area, you can see that this area has been a good area for high-density
residential and the commercial in this area has been sustainable along Main Street. These
uses could do well in this location and thrive. Melanie Davenport stated there is plenty of
room to adhere to the parking rules.
Chairman Rory Kunz asked the Commissioners if they had any conflicts of interest or had
been approached by any parties relative to this particular subject. If you believe your prior
contact with respect to this subject has created a bias, you should recuse yourself, otherwise
at this time please indicate the nature of your conversation or contact.
Chairman Rory Kunz reviewed the public hearing procedures.
Chairman Rory Kunz opened the public input portion of the hearing at 7:44p.m
Favor:
Scott Campbell — 164 W 1" N — He is the owner and general manager of Centennial
Granary and one of the owners of one of the parcels being considered. He bought his
business in 2007 and he was at the edge of town at the time. Being in the center of the town
is not best for residents in the middle of town nor the grain business. Farmers deliver grain
to the granary in either semi -trucks or bobtail trucks. They are able to navigate through the
city streets. Everyone knew, when I was a boy, that you gave that truck a little bit of room.
This doesn't happen as much anymore. His customers are the farmers in the community,
who usually live out in the county areas. His customers, for the most part, do not live in the
city. They do not care to drive in the city traffic to do business, but there are not many grain
elevators; they don't have a lot of choices for where they do business. Scott knew something
like this might be happening. Cory approached him a couple of months ago and asked if he
would be interested in participating. He has been operating his business with the existing
assets with the intention that a proposal would come forward. Scott is a customer of the
railroad; he ships railcars of wheat throughout the United States to as far as Alabama from
Rexburg. The railroad is operated as a short -line railroad. The line was sold by the Union
Pacific Railroad 20-25 years ago to WATCO Companies, now called the Eastern Idaho
Railroad. WATCO owns from the north of Idaho Falls to Ashton to Menan, through Ririe
and up over the bench to end in Newdale. They don't move a lot of cars; once a day,
Monday through Friday. They have speed restrictions at 20-25 mph. There is going to be a
railroad that runs through Rexburg. It would take four semis to move the same amount of
wheat as 1 rail car to market. He has a document of a previous owner easement for the
railroad spur that says if the railroad abandons the spur, the property reverts back to the
owner. He has hired an attorney to work with the railroad to get this matter straightened
out.
Eric Sorensen — 145 S 2"d W — Cory read some of the Infill/Redevelopment Overlay. He
would like to also read "The purpose of the Infill/Redevelopment effort is to balance communitygood
with individual choice and property rights. " The policy statement has four points to it: "I)
Densification through Infill and Redevelopment will save tax dollars by reducing the cost of streets,
infrastructure, Police and Emergency Services, Sanitation and other vital services. The existing
Comprehensive Plan Map is the primary document for planning future city growth and development. 2) It is
in the best interest of all of the citizens of Rexburg to locate higher -density, housing projects near campus and
the city core whenever possible. Besides the savings of tax dollars, there is also a positive health effect and
other cost savings associated with being able to walk to campus, shopping parks and other city amenities. 3)
Identting Infill/Redevelopmentprojects near the city core and making the necessary done changes to
encourage development not only will clean up vacant weeded properties, but will also partially `level the playing
field' for these projects versus the lower cost of finding cheaper agriculturalground on the peripbery of the city. "
Eric believes this means developers, who would normally develop on the outskirts of the
city, are able to move in and develop the infill in the middle of the city and the city will help
them.
He was part of the rezone in 2012 and he heard the objections. The objections mainly
came from the houses directly to the West. The people objected to traffic, they wanted to
maintain their small-town neighborhood feel, felt there would be an increase of crime, and
taxes would go up. Each one of these may or may not be a concern. As population
increases, does this mean crime increases? Vacant land is an area for crime. He has parked
trucks on this property and he has had the truck broken into and a laptop stolen out of it. A
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car parked there had the windows broken out if it. When there are less eyes, teenagers will
cause mischief and damage. As far as taxes, the infrastructure costs less. Safety concerns,
for children and traffic, can be mitigated with sidewalks, lighting is improved, crosswalks
added, and these items that come with development improve the safety. The more
individual residences backing out into the road may be more dangerous instead of one
development entering at one location and exiting forward at one point. Quality of life may
improve with development as the stores that have not been kept up for years, get more
traffic and customers. In Salt Lake, the church went in and built a high-rise building and put
a bunch of people in the middle of town and revitalized a deteriorating downtown area.
Development does not always ruin the quality of life, but enhances it. We are not talking
about big high rises at this location. The last time there was a zone change, and the
conditions were placed on the property, this did kill the project. The land owners could not
get the development to work. The temptation is to add additional conditions to an
application to make both parties happy. The zones already have well, thought-out rules in
place that govern those areas. Additional rules to appease both parties can kill a project. He
is in favor of the application.
Neutral:
Brad Wolfe — 155 S 2nd W — He is part of the application and feels like he should be for it.
From his standpoint, the project is not going to affect his business one way or another. If
his business was destroyed today, he would probably do more of a mixed-use project. There
has been a lot of speaking of the past. He thinks we should look at the area at present and
what the best use of that property is today. There is not opposition present, so people must
be o.k. with the change now. The people have all been served notice and the change has
been posted on the property. These are the items he feels the decision should be based on.
Ryan Sorenson — 4700 Schurz Hwy, in Nevada — He doesn't live in Idaho, but runs the
family farm back in Nevada. A lot of comments have been based on the Comprehensive
Plan comments made tonight. The application being presented is in alignment with the
Comprehensive Plan years ago, when the Comprehensive Plan for this area was considered
Neighborhood Commercial/Mixed Use. The Commissioners have had a chance today to
see both ends of the spectrum. The Commissioners made plans to amend the
Comprehensive Plan for future use today and now the application before them for a rezone
supports the designation placed on the Comprehensive Plan Map.
Opposed: None
Written Input: None
Rebuttal: None
Chairman Rory Kunz asked if anyone else would like to speak? He closed the public input
portion of the hearing at 8:02 p.m.
Keith Esplin believes the presentation and arguments are well done. As he has driven by,
he has wondered why change has not happened in this area. This application would benefit
the businesses in this location.
MOTION: Motion to recommend to City Council to approve the rezone of this
application to Mixed Use without any conditions due to the benefits identified in the
infill/redevelopment area., Action: Approve, Moved by Keith Esplin, Seconded by
David Pulsipher.
5 1 P a g e
Commission Discusses the Motion: David Pulsipher feels that the approval of the zone
change with the Urban Renewal land, he feels this change is a good adjacent use. This area
does need the opportunity to be renewed.
VOTE: Motion carried by unanimous roll call vote (summary: Yes = 8).
Yes: David Pulsipher, John Bowen, Keith Esplin, Kristi Anderson, Melanie
Davenport, Rory Kunz, Todd Marx, Vince Haley.
City Council Meeting August 7, 2019
A. Ordinance No.1217 Rezone Approximately 52 N 3rd W,164 W 1" N, 231 W 1" N, and 250
W Main St to Mixed Use (MU) Zone 19-00332 — Stephen Zollinger
Council Member Wolfe stepped down from the dais due to a conflict of interest with the rezone
request. He is one of the property owners.
City Attorney Zollinger reviewed the rezone at approximately 52 N 3 d W, 164 W 1" N, 231 W 1"
N, and 250 W Main St. from Light Industrial, Low Density Residential 2, and Community Business
Center to Mixed Use (MU) Zone. The zone change was vigorously debated several years ago. In the
end the rezone was approved; however, not at a level the development group preferred and due to
that reason the developer failed to move forward with the development of the property. He said the
property owners that opposed the zone change have either moved or have converted their
properties in one fashion or another.
City Attorney Zollinger explained a public hearing regarding this rezone was held at the Planning
and Zoning meeting, he referenced the minutes taken at that meeting. He noted the vigor in which
the neighborhood spoke in opposition to this development several years ago has diminished. The
Planning and Zoning Commission is recommending approval of this zone change.
City Attorney Zollinger asked City Council to consider suspending the rules to thud read the
rezone ordinance for this property due to the amount of time already spent in deliberation and
public conversation.
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Council Member Flora moved to suspend the rules for Ordinance No. 1217 the Rezone at
approximately 52 North Yd West, 164 West V North, 231 West 1" North, and 250 West Main Street
from Light Industrial, Low Density Residential 2, and Community Business Center to Mixed Use
Zone and consider first read; Council Member Walker seconded the motion; Mayor Merrill asked
for a roll call vote:
Those voting ave Those voting nay
Council Member Flora None
Council Member Walker
Council President Smith
The motion carried
Council Member Walker moved to approve Ordinance No. 1217 the Rezone at approximately 52
North 3`d West, 164 West 1" North, 231 West 1" North, and 250 West Main Street from Light
Industrial, Low Density Residential 2, and Community Business Center to Mixed Use Zone and
consider third read; Council President Smith seconded the motion; Mayor Merrill asked for a vote:
Those vesting aye Those voting nay
Council Member Flora None
Council Member Walker
Council President Smith
The motion carried
Council Member Wolfe returned to the dial.
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