HomeMy WebLinkAboutRFD - 19-00767 & 19-00778 - 814 N Yellowstone - Comp. Plan Map Change & RezoneReason for Decision `,oYgeXa°R�
City of Rexburg o
35 North 10 East Phone: 208.359.3020
Rexburg, ID 83440 www.rexburg.org Fax: 208.359.3022
#19 00767 & 19-00778
Comprehensive Plan Map Amendment & Rezone
814 N Yellowstone Hwy
CITY OF
REXBURG
Caw—
Americas Family Communit
1. December 11`h, 2019, Application was received for a rezone from Community Business Center to
Medium Density Residential 1. A legal description for the property is needed.
2. December 17`h, 2019, payment for the rezone application was received in the mail.
3. December 19`h, 2019, The Applicant was contacted to communicate a Comprehensive Plan Map
change would be needed prior to a rezone. Application was received for a Comprehensive Plan
Map Amendment from Commercial to Medium to High Density Residential.
4. December 26`h, 2019, Payment for the Comprehensive Plan Map change application was received.
Legal description for either application has still not been received.
5. January 2"`', 2020, The Applicant was contacted, reminding him the legal description was needed
and the incomplete submittal of both applications was delaying public meetings.
6. January 13'h, 2020, The Applicant was contacted for the legal descriptions needed for notice of
public hearing.
7. January, 23, 2020, legal descriptions and a copy of the survey were received.
8. January 27`h, 2020, Notice was sent to the newspaper to be published on February 4`h and February
14`h 2020.
9. January 28, 2020, the Staff Review Summary was sent to the Applicant. Notice was mailed to all
landowners within 350'.
10. February 18, 2020, the Planning & Zoning agenda was sent to the Applicant. Tawnya talked to
Aaron on the phone regarding his presentation and the materials he would need.
11. February 20`h, 2020, Alan Parkinson presented the application
for the Comprehensive Plan Map amendment and the Rezone.
6:35 p.m. - (19-00778) — 814 N Yellowstone Hwy —
Comprehensive Plan Map change from Commercial to
Moderate to High Density Residential — Blue Ox
Development (Aaron Jensen). (action)
Chairman Rory Kunz asked the Commissioners if they have any conflicts of interest or have 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 opened the public input portion of the hearing at 6:35p.m.
Staff Report: Alan Parkinson — This property is located on the old highway going to Sugar City.
7`h N was identified at a nearby intersection. Currently, there are 4-plexes behind this parcel. The
request is to change the Comprehensive Plan Map designation from Commercial to Moderate to
High Density Residential. Staff recommends the request based on whether or not the Commission
determines this request is in the best interest of the community. The only conditions from Staff are
storm drainage will have to be handled on site. Sewer capacity is a little limited in this area. For
this additional density in this area, there is available sewer capacity.
Kristi Anderson noticed on the Staff Report that Public Works suggested the designation be Low
to Moderate Density Residential instead of Moderate to High Density Residential. What are Public
Works reasons for this request? Alan answered; Keith is taking in to account the Thomson Farms
property to the north that has already been zoned. Chairman Rory Kunz asked Alan to show the
Comprehensive Plan designations around this area and then the current zoning. Kristi Anderson
asked if Thomson Farms has moderate to high-density designation on the Comprehensive Map.
Thomson Farms was shown to have some commercial and some low to moderate density
residential on the Comprehensive Plan. Thomson Farms zoning was shown with Medium -Density
Residential 1 and Low Density Residential 2. Thomson Farms needs to be updated on the
Comprehensive Plan Map to match the zoning request on the Thomson Farms Planned Unit
Development. Kristi asked the applicant if he is planning for a moderate zone, does it matter if the
designation is low to moderate or moderate to high. The applicant did not have a preference as
long as the MDR1 zoning would be allowed.
David Pulsipher identified pockets on the Comprehensive Plan that will be created with the
Comprehensive Plan Map changes for the application tonight and a change with the Thomson
Farms land to bring it in to compliance with the current zoning. Stephen Zollinger communicated
due to the Comprehensive Plan Map designations of commercial and low to moderate density
residential on the Thomson Farms property, it allowed the various uses and they were not required
to change the map. This request will be coming before the Commission to match what is being
built in Thomson Farms. Why does Staff see these changes as desirable? Alan answered, the
changes at 7' N identify Yellowstone to dead end at N 2" E, making this area a cul de sac. When
this happens, traffic will follow N 2"d E up to Thomson Farms Rd and then to Yellowstone to
access the property for this request tonight. These changes will make this area less of a high traffic
commercial area, making this more of a residential area rather than a commercial corridor.
Commercial is immediately north of Thomson Farms as well.
Steve Oakey says if the developer can make money selling his product, he is in favor of the
changes. He asked a question at the previous meeting, the city wants to maintain control for
internal roads. Why? He would like to push the city to think about these developments to
maintain their own roads. The City would have right of way in emergencies and so forth. This
would save the city money and turn the responsibility over to the developers. Developers may not
like this situation, because it would be another cost the developer would incur for his/her
customers. Steve brought this same question up during the meeting for Mitch Neibaur's final plat
on 12`h W and Hwy 33. He feels the developer should build and maintain the roads for these types
of developments for emergencies. Steve does not see any reason why this should not be a
requirement of developers in the future. A product without viable roads would have difficulty
selling their units. Steve asked if Aaron has seen in other cities, this kind of internal development
road maintenance where the roads are owned and operated by the developer. Aaron Jensen has
seen it, but usually the roads are turned over to the city. The developers will sell the 218 townhome
units and leave the development. The HOAs do not have a great history of have sufficient
resources to do road maintenance. Commercial properties are different. Alan talked about the
roadways connecting to other roads within the city. A cul de sac may be different.
Interconnectivity with other city streets requires this kind of flow and for maintaining the quality of
the city streets. Steve suggested thinking in terms of commercial developments on dead-end roads
or cul de sacs. Aaron Jensen talked about roads where the city cannot tum their plows around and
this becomes the HOAs responsibility. He is working with the city in these areas. Chairman Rory
Kunz asked about the Sugar City sewer line that services Sugar City and Teton. The sewer line is
getting close to capacity allowing a limited amount of availability. Alan met with Keith in Public
Works. In the near future, this line will be upgraded, rebuilt and replaced. Keith is in the process
of negotiating these changes right now. It was assumed these changes would require an L.LD, but
the City has not moved this far into the process, yet. Chairman Rory Kunz suggested this
property came before the Commission not too long ago with a similar request. Alan read the
minutes and the MDR1 designation was applied for before and the request was denied. He
remembered pedestrian traffic and Hawk lights were discussed. The changes for this road to
become a dead end road has eliminated some of the previous concerns. Keith may require a traffic
study if there is a concern.
Applicant Presentation — Staff presented for the applicant.
Q Chairman Rory Kunz opened the public input portion of the hearing at 6:49p.m
Written Correspondence: None
Favor: None
Neutral: None
Opposed: None
Rebuttal: Aaron Jensen has tried to rezone this parcel to this residential use in the past. He
has no doubts relocating the intersection would affect commercial for whatever was built on
the property. He believes in the long run, this is a viable location for residential.
Chairman Rory Kunz asked if anyone else would like to speak. He closed the public input
portion of the hearing at 6:51 p.m.
Kristi Anderson approves of the request but would like the request to be for low to moderate
residential, because this matches the area and as long as it will not interfere with the applicant's
planned project.
8 MOTION: Motion to recommend to City Council to change the Comprehensive Plan
Map from Commercial to Low to Moderate Density Residential because this designation is
consistent with the patterns in this area of the City., Action: Approve, Moved by Chairman
Rory Kunz, Seconded by David Pulsipher.
Commission Discusses the Motion: Todd Marx and Steve Oakey would vote against this
motion because it takes away Aaron's rights to develop the land as he requests. He would vote in
favor of the request the applicant is proposing for his application. Steve Oakey talked about the
applicant paying about $2,000 for these requests tonight to do what he wants with his land. David
Pulsipher feels this change for Low to Moderate Density Residential range allow for a request to
MDR). This change on the Planning & Zoning's part would put the requested zoning on the high
end of the Comprehensive Plan designation verses the low end. David is in favor of keeping this
area consistent with the surrounding area, reducing the patchwork or pocket effect of the plan.
Todd Marx asked the applicant if he would still be able to do his project. The applicant will still be
able to continue the request. The parking requirements will ultimately determine the density
allowed on the parcel. Steve Oakey asked if this would affect the bottom line for the applicant.
The applicant would accept either designation. David Pulsipher clarified the Comprehensive Plan
allows a range.
VOTE: Motion passed (summary: Yes = 5, No = 1, Abstain = 0).
Yes: Bruce Sutherland, Chairman Rory Kunz, David Pulsipher, Kristi Anderson, Todd
Marx.
No: Steve Oakey.
12. February 20, 2020, Alan Parkinson presented the application for rezone to the Planning & Zoning
Commission.
EM 6:40 p.m. - (19-00767) — 814 N Yellowstone Hwy — Rezone from Community Business
Center (CBC) to Medium Density Residential 1 (MDR1) — (Aaron Jensen). (action)
Chairman Rory Kunz opened the public input portion of
the hearing at 6:56p.m.
10 11
Staff Report: Alan Parkinson — We have reviewed this
❑❑
El El
request. Staff is recommending the change from
Community Business Center to Medium Density
❑ ❑
Residential 1, so the applicant can meet the needs of his
❑ ❑
application. Staff's conditions include all storm drainage
❑ ❑
will have to be handled on site and the City is working with
Sugar City to address the limited sewer capacity in this area.
The request matches the zoning around the proposal.
Behind this area or to the east of this parcel is a 4-plex, Medium -Density Residential 1 zoning.
More residential is anticipated in this area.
Applicant Presentation — Staff presented the proposal for the applicant.
Written Correspondence: None
Favor: None
Neutral: None
Opposed: None
Rebuttal: None
Chairman Rory Kunz asked if anyone else would like to speak. He closed the public input
portion of the hearing at 6:59p.m.
MOTION: Motion to recommend City Council approve the change of the parcel to
MDR1 because it is consistent with the plan for the area and fits the request of the
Applicant., Action: Approve, Moved by Bruce Sutherland, Seconded by Kristi
Anderson.
Commission Discusses the Motion: None
VOTE: Motion carried by unanimous roll call vote (summary: Yes = 6).
Yes: Bruce Sutherland, Chairman Rory Kunz, David Pulsipher, Kristi Anderson,
Steve Oakey, Todd Marx.
City Council Meeting March 4, 2020
A. Resolution 2020-04 Comprehensive Plan Map Amendment (19-00778) at approximately 814 N
Yellowstone Hwy from Commercial to Moderate to High Density Residential (Planning and
Zoning recommended Low to Moderate Density Residential) — Alan Parkinson
Planning and Zoning Administrator Parkinson reviewed the Comprehensive Plan Map
Amendment at approximately 814 N Yellowstone Highway from Commercial to Moderate to High
Density Residential; however, the Planning and Zoning recommended Low to Moderate Density
Residential. He reviewed the location of the property requesting the change and the city staff
recommendations.
5 1 P a g e
SUBJECT. Comprehemive Plan Map change Application - File 01 9-00778
APPLICANT: Aaron Robertson
PROPERTY OWNER(S); tittle Ox Developincat U,C
PURPOSE: The request is to change the City's Comprehensive Plan for
this parcel.
PROPERTY LOCATION! SIA \11 Yelloasuane I h%y
COMPREJ ENSIYE PLAN: Commercial
PROPOSED COMPREHENSIVE
PJAV DESIGNATION: Thr,h'ratk 4o Uigh Dol ity RcsidCntial
CIRULNIZONINGCommunity l)osincsaCculcr(CBC)
SI RItOt ADING ('ONIIIIZFIIF:NSIVF
I'I.ANIWSIGNAIIONS: (North),(South)&(West)-Commercial
(horst) - Low to Moderate 17ensitg Residential
SCRROI\I)]\GI:AND USES: (North)-ParadiscNursov& PondCentcr
(Last) - condominiumlyrlczas
(West) - canuoercial
(South)- Leishman Hlcctric & American Storage
APPLICABLE, C AMAZIA: City of Re0m g Development Code (Ordinance No. 1200)
§ 1 D4.020 Comprehensive Plan Amentiment
AUTHORITY: E 0,10so (D) The Crnrniseion Anal rsr3rn�rt t�tt(_tlrrrt Phe anternfmo ll he
nrrr,uad <:_. 1,01m siet/.. lbal it tre nnnllfa'ecf, or thm iP be (leniml. "
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1. 11ACKC.ROUND
Tl)eapplicant is requesting to change the Comprehensive Plan Nfap_"fhc propertycurrxnilp has it
!augte-fautily home un the parcel south of Cita l_n. 'riie proposal is to provide housirig, for all stages of
the life cycle including, slamr and senior hnumog,
The RcxbIll wDccetopiIle fit Code allot+:s for Ill eC'onAnis.ion to araAc rQcoii mendatious it) the Oty
Council reganliug wlicther or not the property should or should not Ix changed on the
C)uoprel)casive Plan Mal) based on the criteria found in section § 1,04.020,
II. SITE,I)ES011P'1,10N
The PANCIs bun' ch.rng:d .uc coast of N
Yellowstone I kty,1 lie I%ircel is split by Ella Lw
'fhe total area imrolvcd in fluty Contpiehousive
Plan flap change request is approximately 2.682
acres,
III, ANAINSIS
If approved the request will result In c1langing
the Contprcttcotsice 11I.ur Ltep from ( onutuerc tai
to Modclatc to Ililtl) I),nsitk RcsidctuinL'1110
request csould requilc the I. omiu fission ,nod City
Couucil to rcc iew tile propo,al :Cud app)(I%e or
deny= this applicatiou.
W. Sl*,\FFItF.('0%1\I1YI),k7`ION
l'.ige
Staff rectrann7Cnd., thni ills C'omprchensiee Plan \tap ch;rnitc be con,i<fa:rcd. 'Che. P(tmnirtg ta)dlotting
Collull ssiml should hrkQ tcsti)nom, in public heariag to deternune Ifill e. request is in the best interest of
die u;a;thborhood and the connnunrty. Possible conditions:
•
All .tone drainuMu %vgill have to be h.nniled on site,
\coca i.psu ity is Iioff ted at flus situ: li,m c%cr, 11 t City ol'Rexbutg ig working witli Sugar City to
iuerc;)e this capacity.
Council Member Mann moved to approve Resolution 2020-04 Comprehensive Plan Map
Amendment at approximately 814 N Yellowstone Hwy from Commercial to Low to Moderate
Density Residential including city staff's recommendations; 1. All storm drainage will have to handle
on site. 2. Sewer capacity is limited at this site; however, the City of Rexburg is working with Sugar
City to increase the capacity; Council Member Johnson seconded the motion; Mayor Merrill asked
for a vote:
Those voting -aye
Council Member Flora
Council Member Johnson
Council Member Mann
Council Member Wolfe
Council Member Walker
Council President Busby
The motion carried
Those voting nay
None
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f l'1
i J
City Council Meeting April 1, 2020
A. Third Readine: Those items which have been second read:
1. Ordinance No 1224 Rezone 814 N Yellowstone Hwy (19-00767) from Community
Business Center (CBC) to Medium Density Residential 1 (MDR1) Zone — Alan Parkinson
ORDINANCE NO. 1224
Rezone Approximately 814 North Yellowstone Hwy from Community Business Center
(CBC) to Medium Density Residential 1(MDR1) Zone
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 Johnson moved to approve Ordinance No. 1224 Rezone 814 N Yellowstone
Hwy from Community Business Center (CBC) to Medium Density Residential 1 (MDR1) Zone and
consider third 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 Johnson
Council Member Mann
Council Member Walker
Council President Busby
The motion carried
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