HomeMy WebLinkAbout19-00710 RFD - 236 N 3rd E - Rezone from LDR2 to MDR1Reason for Decision
City of Rexburg
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CITY OF
REXBURG
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35 North 10East Phone: 208.359.3020 America's Family Communit
` Rexburg, ID 83440 www.rexburg.org Fax: 208.359.3022
Rezone 19-00710
236, 246 &264 N 3RD E
From LDR2, LDR1 & CBC to Medium Density Residential 1
1. November 22, 2019, Application was received to rezone from Low Density Residential 2 (LDR2)
to Medium Density Residential 1 (MDR1) and fees were paid.
2. November 24, 2019, During reviews, Staff noticed part of the Brentwood Townhomes property
adjacent to this application was not zoned appropriately for its density and included some
commercial zoning. There were two properties (Meunch & an additional Brentwood property) that
would remain LDR2 between the application and a currently zoned MDR1 parcel. It was
determined these property owners would be contacted to find out if they would like to be part of
this zone change. Both property owners did want to participate. Each signed Affidavits of Legal
Interest and submitted property descriptions.
3. November 26, 2019, The Staff Review Summary was sent to the applicant.
4. December 4, 2019, Notice was sent to the paper to be published on December 17", 2019 and
December 31', 2019.
5. December 9, 2019, Carrie Kostial turned in the required easement identified on the Staff Review
Summary. Jeffrey Meunch turned in his Affidavit of Legal Interest and legal description.
6. December 17'h, 2019, Notice was also mailed to all property owners within 350' of the parcels.
7. December 30'h, 2019, Notice was posted on the property.
8. January 2"d, 2020, Carrie Kostial presented her application to the Planning & Zoning Commission.
9. 6:35PM — Carrie Kostial - 236, 246 and 264 N 3r° E — Rezone from Low -Density Residential
1 (LDR1), Low Density Residential 2 (LDR2) and Community Business Center (CBC) to
Medium Density Residential 1 (MDR1) (19-00710). The request is needed to change a former
daycare to a 4-plex. Several adjacent properties have been added to this request to create a larger,
uniformly zoned area. (action)
Carrie Kostial — 882 Parkside Drive — The property she is interested in changing is 236 N 3`d E.
She had a former daycare there and would like to change the property to a 4-plex. Carrie needs a
rezone to comply with the density of a 4-plex. She signed a Restrictive Lot Covenant document to
tie the two lots together to meet the density, landscaping and parking requirements. The Restrictive
Lot Covenant has been given to the City Clerk to be recorded. She has submitted the Easement
Agreement to the City as well.
Commissioner Steve Oakey indicated on the Staff Report for the conditions of approval, the
Commissioners strike the need for a Restrictive Lot Covenant. Also in the Staff Review,
Commissioner Melanie Davenport identified an access requirement. The Easement Agreement is
in the Commissioner packet.
Staff Report: Alan Parkinson, City Planner — When Carrie came to change the zone, Staff looked
at the area around the parcels requested. Jeffrey Muench and the townhomes at Brentwood have
been cleaned up. The southern point of Brentwood Townhomes is zoned incorrectly for its
density. One spot in Brentwood is Community Business Center. Alan identified a cell tower where
the Community Business Center zoning is to the north. Brentwood is not looking at making any
changes. The Comprehensive Plan complies with these changes.
Steve Oakey asked about coordination with neighbors. Brentwood was on board to clean up their
property. Jeffrey Muench was concerned about his taxes and the affect this change would have on
the amount of taxes he pays.
Alan Parkinson identified the area for anew quad baseball field. The Junior High property was
identified. Barney Dairy road was shown. Commissioner Kristi Anderson said the property at
Brentwood looks like it is already zoned Medium -Density Residential 1 (MDR1). Most of the
property is mostly zoned MDR1, but there were a few areas within their borders that had issues.
Brentwood Townhomes is already built out except for their park area. At this point, Brentwood is
not look at making any changes. The requests for this rezone match the Comprehensive Plan.
Staff recommends the change be approved. Since the Staff Report was written, Carrie has
submitted a Restrictive Lot Covenant for landscaping, parking and density. The easement has also
been received.
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.
!I_] Chairman Rory Kunz opened the public input portion of the hearing at 6:43 p.m
Favor: None
Neutral: Victor Rounds — 2989 E 1" N, Idaho Falls - representing Brentwood. The top
right comer is part of the Brentwood Townhomes. Victor Rounds asked for the
measurements of the top right corner. Staff could get Victor a copy of the plat showing
Brentwood Townhomes. Victor asked about changes in taxes. Stephen Zollinger said
there should not be any changes to the taxes. How does this change affect their park? The
zoning of the park will change today to match the zoning of the rest of Brentwood. Could
another townhome be built where the park is currently located? If the density of the land
zone and the land area allows more buildings, then additional units could be added.
Opposed: None
Written Input: None
Rebuttal: None
l
Chairman Rory Kunz asked if anyone else would like to speak? He closed the public input
portion of the hearing at 6:46 p.m.
Q MOTION: Recommend to City Council to approve the request for a zone
change from Low Density Residential 1, Low Density Residential 2 and Community
Business Center to Medium Density Residential 1 because this request seems pretty
clean and straight forward. Action: Approve, Moved by Steve Oakey, Seconded by
Todd Marx.
Commission Discusses the Motion: None
UVOTE: Motion carried by unanimous roll call vote (summary: Yes = 7).
Yes: Chairman Rory Kunz, Keith Esplin, Kristi Anderson, Melanie Davenport, Steve
Oakey, Todd Marx, Vince Haley.
This request will go to City Council at their next meeting on January 81".
City Council Meeting January 8, 2020
1. Ordinance No 1220 Rezone 236, 246, and 264 North 3' East from Low Density Residential 1
(LDR1), Low Density Residential 2 (LDR2), and Community Business Center (CBC) to Medium
Density Residential 1 (MDR1) #19-00710 —Alan Parkinson
Planning and Zoning Coordinator Grover explained the Rezone at 236,246 and 264 North 3`d
East from Low Density Residential 1 (LDR1), Low Density Residential 2 (LDR2), and Community
Business Center (CBC) to Medium Density Residential 1 (MDR1). She reviewed the map of the
property on the overhead screen.
Page 3 of 6
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Council Member Mann said he attended the Planning and Zoning Meeting and was impressed by
the way Planning and Zoning Chairman Rory Kunz conducted the meeting.
Council Member Flora moved to suspend the rules of Ordinance No. 1220 to Rezone at 236,246
and 264 North 3`d East from Low Density Residential 1 (LDR1), Low Density Residential 2 (LDR2),
and Community Business Center (CBC) to Medium Density Residential 1 (MDR1); Council Member
Busby seconded the motion; Mayor Merrill asked for a roll call vote:
Thosevoting aye Those voting nag
Council Member Flora None
Council Member Mann
Council Member Busby
Council Member Walker
Council Member Johnson
The motion carried
Page 5 of 6
Council Member Mann moved to approve the Rezone 236, 246, and 264 North 3`d East from
Low Density Residential 1 (LDR1), Low Density Residential 2 (LDR2), and Community Business
Center (CBC) to Medium Density Residential 1 (MDRl) and consider thud read; Council Member
Busby seconded the motion; Mayor Merrill asked for a vote:
Those voting ave Those voting nay
Council Member Flora None
Council Member Mann
Council Member Busby
Council Member Walker
Council Member Johnson
The motion carried
Page 6 of 6