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Home My WebLink AboutRFD - 20-00268 - Teton River Flats parcel - Rezone from CBC to MDR2 Reason for Decision City of Rexburg 35 North 1 East Phone: 208.359.3020 st Rexburg, ID 83440 www.rexburg.org Fax: 208.359.3022 #20 00268 Rezone from Community Business Center (CBC) to Medium-Density Residential 2 (MDR2) Teton River Flats – RPR6N40E203550 1.April 27, 2020, An application was received for a Comprehensive Plan Map change to match the adjacent land use changes completed and approved in 2019. Fees were paid. 2.May 11, 2020, a Staff Review Summary was sent to Bron notifying him reviews had been completed. Notice was sent to the newspaper to be published on May 15, 2020, and May 29, 2020. 3.May 20, 2020, an official notice of the hearing and public hearing instructions were mailed to all adjacent property owners within 350’ of the parcel. 4.May 28, 2020, Notice was posted on the property adjacent to Westmark Credit Union. The Staff Report was completed and sent to the Commissioners. 5.June 4, 2020, Bron Leatham presented the application for the Rezone. 6:40 p.m. – (20-00268) - RPR6N40E203550 - Teton River Flats – Rezone from Community Business Center (CBC) to Medium Density Residential 2 (MDR2) to match property to the East that has been approved in 2019. – (action) – Bron Leatham Chairman Rory Kunz opened the public input portion of the hearing at 6:49 p.m. Applicant Presentation – Bron Leatham – 2535 Little town Dr – This request is the second step to change the land to match the zoning adjacent to the parcel to Medium-Density Residential 2 (MDR2). He appreciates the Staff expediting this process to move the two requests simultaneously, especially when the rest of the property is fully entitled. Often times, this process can be four meetings encompassing two to three months. Commissioner Questions for Applicant: Chairman Rory Kunz asked if this request is for the same property as the previous request for the Comprehensive Plan Map change. Bron confirmed it is the same property. Steve Oakey requested Alan explain what the Comprehensive Plan is and the two actions happening tonight for the new Commissioners. Steve stated the process has changed to consolidate the two actions into one; it used to be the Applicant would come before the Commission for the Comprehensive Plan Map change, and then a few weeks later, he would come in for the request to rezone. Steve feels this change is wise and saves everyone time. Alan Parkinson answered the Comprehensive Plan is mandated by the State to project or plan what we anticipate areas in the city to develop into and what we want to see happen in places in the City. The Plan is a guiding document and ends in 2020. Staff is currently in the process of preparing the Comprehensive Plan for the Commission to review for the next 20 years. Mr. Leatham looks at what he wants to do and the Commission’s job is to decide if the request matches the goals of the community in that Comprehensive Plan. Bron Leatham is taking a risk by submitting both the Comprehensive Plan Map change and the Rezone at the same time, because one of the actions could be turned down and the money for the second request is already spent in notification. Randall Kempton read the Comprehensive Plan should be updated every other year. Alan Parkinson said the plan is reviewed every other year, but a major rewrite is done every 10-20 years. The last rewrite was completed in 2008 for the year 2020. Alan is looking at setting the time for 2040. The Staff’s job is to help keep track of this and come to the Commission to determine if the plan is up to date, if modifications are needed, to determine if the needs of the community are being met, and to identify the direction that is needed. Randall realized this schedule is challenging when the 2008 rewrite and vision went in and the University made major changes the City did not anticipate. Alan also identified at this same time, there was a collapse in the housing industry. He asked why there are two different maps. Alan answered, the Comprehensive Plan Map is the guiding map and the zoning is what is actually approved. The process requires both maps be changed to concur. Staff Report: Planning & Zoning Administrator, Alan Parkinson – Now that he has tentative approval for the Comprehensive Plan Map change, we want to make sure the Comprehensive Plan and the Rezone request match. The adjacent parcel Bron owns is MDR2. The request is for a rezone of Community Business Center (CBC) to Medium-Density Residential 2 (MDR2). The two requests match. Staff has reviewed the proposal and recommends it to the Commission for approval. Commissioner Questions for Staff: Vince Haley asked about the roads involved in the project. Alan answered; Mr. Leatham will be responsible for a portion of the road to make it a passable portion of the road. The north side of the road will not have sidewalks or curb and gutter until someone develops on the north side of the street. Vince asked about access south of Albertsons. Chairman Rory Kunz confirmed a proposal was presented reflecting this access, but the request was not adopted. Vince asked if the plans for the light at ICCU is moving forward. Alan answered, the bids came back very high and the project has been sent out for rebid. The light is anticipated to be completed this year. Vince asked about road connectivity. Bron Leatham responded, his project will tie into the Carlow and Lorene streets. Chairman Rory Kunz asked the Commissioners if they have a conflict of interest or if they 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. None. 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 to City Council to motion to rezone the property RPR6N40E203550 from Community Business Center (CBC) to Medium- Density Residential 2 (MDR2) for the fact that the Comprehensive Plan Map change was recommended and because the change makes sense. Motion to recommend one reading at the City Council level. Action: Approve, Moved by Vince Haley, Seconded by John Bowen. Commission Discusses the Motion: Sally Smith stated the City Council is required by law to have the three readings. The City Council also has the right to suspend the rules and pass the request in one reading. Chairman Rory Kunz confirmed this is true for any motion made by the Planning & Zoning Commission to City Council. VOTE: Motion carried by unanimous roll call vote (summary: Yes = 9). Yes: Chairman Rory Kunz, Greg Blacker, John Bowen, Kristi Anderson, Randall Kempton, Sally Smith, Steve Oakey, Todd Marx, Vince Haley. 6.June 17, 2020, the application was presented to City Council. City Council Meeting June 17, 2020 A.Ordinance No 1231 Rezone Teton River Flats Parcel RPR6N40E203550 approx. 280 Lorene St from Community Business Center (CBC) to Medium Density Residential 2 (MDR2) (#20- 00268)- Alan Parkinson Planning and Zoning Administrator Parkinson reviewed the rezone request at approximately 280 Lorene Street from Community Business Center (CBC) to Medium Density Residential 2 (MDR2). Counicl Member Mann expressed his concerns with the Planning and Zoning Commissioners recommending the rules of this ordinance be suspended. He believes the request should come from the applicant and not the board members. 3 | Page Council Member Mann moved to suspend the rules for Ordinance No. 1231 the rezone of Teton River Flats Parcel RPR6N40E203550 at approximately 280 Lorene Street from Community Business Center (CBC) to Medium Density Residential 2 (MDR2); Council President Busby seconded the motion; Mayor Merrill asked for a roll call vote: Those voting aye Those voting nay Council Member Flora None 4 | Page Council Member Johnson Council Member Mann Council Member Walker Council Member Wolfe Council President Busby The motion carried Council President Busby moved to approve and consider third read Ordinance No. 1231 the rezone of Teton River Flats Parcel RPR6N40E203550 at approximately 280 Lorene Street from Community Business Center (CBC) to Medium Density Residential 2 (MDR2); Council Member Wolfe 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 Council Member Wolfe Council President Busby The motion carried 5 | Page