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Home My WebLink AboutRFD 19-00753 - 669 Pioneer - Rezone to MU Rezone #19 00753 669 Pioneer Rd 1. December 2nd, 2019, A Ready team meeting was held with City Staff regarding development at 669 Pioneer Rd. identifying a need for both a Comprehensive Plan Map change and a Rezone. 2. December 5th, 2019, An application was submitted by the City of Rexburg through the Public Portal for a Rezone from Community Business Center to Mixed Use. A check was submitted for the incorrect amount. 3. December 11th, 2019, Fees were paid. 4. December 12th, 2019, During reviews, it was determined the ownership listed on the application did not match the ownership of the land. 5. December 16th, 2019, An Affidavit of Legal Interest was received from Morgan Peterson, the owner of the Pioneer Village Mall LLC. 6. December 18th, 2019, Notice was sent to the newspaper to be published on December 27th, 2019, and January 10th, 2019. 7. January 2nd, 2020, Notice was mailed to property owners within 350’ of the subject property. 8. January 7th, 2020, Staff Review Summary was sent to the Applicant an d Owner listed on the application. 9. January 9th, 2020, Notice was posted on the property. 10. January 16th, 2020, Val Christensen presented the application for a Rezone at 669 Pioneer to the Planning & Zoning Commission. 6:40PM – Val Christensen – 669 Pioneer Rd – Rezone from Community Business Center (CBC) to Mixed Use (MU) (19-00753). The plat shows an undeveloped lot for proposed development. (action) Val Christensen – We decided to bring both requests at the same time because the requests coincided and to save everyone some time. 35 North 1st East Rexburg, ID 83440 Phone: 208.359.3020 Fax: 208.359.3022 www.rexburg.org Reason for Decision City of Rexburg Staff Report: Alan Parkinson – The Staff feels this fits within the requirements of Mixed Use and fits with the uses of this area. Staff recommends the Commission consider this request for rezone to Mixed Use as a viable option. Melanie Davenport asked is this where I ask about the location of the housing next to the street? She believes the decision by the Commission on University Blvd. development was based on the desire for commercial uses along arterial frontage with ho using behind them. Mixed use allows commercial and residential uses within the same structure. There is no problem with putting the housing next to the street. The biggest issue is buffering of parking. Kristi Anderson voiced her comments toward Stephen Zollinger, City Attorney. When she read the Mixed Use description in the Development Code, she did not think the request matched the proposal. The idea for Mixed Use was moving building out to the street and having those buildings interact with pedestrians on the street, and placing the parking behind the buildings. Kristi asked if this is an issue? Stephen Zollinger said, generally speaking, the Development Code was written to apply to a blank canvas. As uses exist, it is more a discussion of a hy brid approach for Mixed Use. The project then becomes more of a site plan discussion and final project application to make sure the two uses will be able to coexist without creating problems for each other. The commercial owner is seeking to put residential in front. From an objective standpoint, the commercial users may suffer if he puts apartments in front of the commercial to block the view of the passing traffic. When you see the final project, you will see that the cars still have an open view of t he commercial enterprises. Ingress and egress access will be reviewed. The areas of concern have been brought up by Commissioner Melanie Davenport. Mixed Use is intended to merge residential and commercial, so people don’t have to get in their cars to go to work. The hair academy and massage academy may be the target market for this development. Right now, two of the three commercial units are merged for the massage therapy school. This is exactly what the city is trying to accomplish; merging the commercial and education space with residential, so our roads experience less traffic. 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 6:55p.m. Favor: None Neutral: None Opposed: None Written Input: None Rebuttal: Val Christensen responded, the Mixed Use and Commercial sections in the code are written to place parking behind the building. This request will do just that, matching the spirit of the Mixed Use section of the Development Code. 3 | P a g e Chairman Rory Kunz asked if anyone else would like to speak. He closed the public input portion of the hearing at 6:56p.m. Chairman Rory Kunz requested Kristi Anderson read the parts of the code she eluded to in her comments. Kristi Anderson read “the projects in this zone are intended to be pedestrian- friendly developments, facing and in close-proximity to the right-of-way. Parking lots are required to be behind the building. Other configurations may be considered on a case-by-case basis.” Steve Oakey feels it is great to expedite the process whenever a Comprehensive Plan and a zone change are required, to schedule them for the same meeting. This is less cost and more efficient. He feels the Comprehensive Plan is more of a nuisance. MOTION: Motion to approve the request for a zone change from Commercial to Mixed Use for the purpose of allowing Mr. Peterson to move along quickly with the process, Action: Approve, Moved by Steve Oakey, Seconded by Todd Marx. Commission Discusses the Motion: Vince Haley says this request seems pretty cut and dry. He is nervous about the precedence being set for other projects that are not as clear. He knows the Hemming Village is stacked Mixed Use. The presenter showed a bunch of examples that met the criteria he was requesting. He feels this motion sets forth a new configuration for future development. Chairman Rory Kunz suggested Alan show the zoning of the area. Stephen Zollinger shared examples of this type of Mixed Use in the city: Pines Apartments north of Hemming Village: Jimmy Johns, Kai Lanis. In these areas, residential is the dominant use and commercial is a smaller use. Tonight’s request is a little bit of a flip with commercial as the dominant and the residential as a smaller piece. Steve Oakey asked Vince expand about this precedence. Vince gave the example of Walmart; apartments would not be built in Walmart’s parking lot. Steve Oakey said, if Wal-Mart values their parking space, they feel they can put a restaurant or apartment complex they could try this. If you have a good variation of uses, Steve does not see a down side. Vince Haley agrees downtown will be Mixed Use as intended with apartments above commercial. Purple on the map identifies the parcels designated as Mixed Use (MU). Melanie Davenport talked about Seattle allowing developers to do whatever they want. She does not feel we want developers to do whatever they want. She does not feel the request tonight is ideal, but can be approved. Chairman Rory Kunz said this is for the individual to decide. Vince Haley talked about Mixed Use where G’s Dairy is on a little bit of a zoning island compared to the surrounding area. This request would add to the island. Could conditions be put on the motion for parking? The Development Code stipulates parking requirements; additional parking requirements may be redundant . There is no need to put conditions on the rezone for parking. Stephen Zollinger said the parking requirements would stop the request on the site plan. Parking requirements need to be met to get building permits. Alan or the Building Department would stop the project. 4 | P a g e VOTE: Motion carried by unanimous roll call vote (summary: Yes = 11). Yes: Bruce Sutherland, Chairman Rory Kunz, David Pulsipher, Greg Blacker, John Bowen, Keith Esplin, Kristi Anderson, Melanie Davenport, Steve Oakey, Todd Marx, Vince Haley. City Council Meeting March 4 2020 1. Ordinance No 1223 Rezone (19-00753) 669 Pioneer Rd from Community Business Center (CBC) to Mixed Use (MU) Zone – Alan Parkinson ORDINANCE NO. 1223 Rezone Approximately 669 Pioneer Rd from Community Business Center (CBC) to Mixed Use (MU) 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. Council Member Mann moved approve and consider Ordinance No 1223 Rezone (19- 00753) 669 Pioneer Rd from Community Business Center (CBC) to Mixed Use (MU) Zone third read; Council Member Walker seconded the motion; Mayor Merrill asked for a vote: Those voting aye Those voting nay Council Member Flora None Council Member Johnson Council Member Mann Council Member Walker The motion carried