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HomeMy WebLinkAboutRFD - 21-00084 - The R Mountain Development - 20 S 12th W - Rezone to extend CBC & MDR2 #21 00084 Rezone to extend Community Business Center & Medium-Density Residential 2 20 S 12th W 1. February 5, 2021, An application was received for a Rezone to extend the Community Business Center (CBC) & Medium-Density Residential 2 (MDR2) zones JRW & Associates. 2. February 8, 2021, Payment was received for the application. 3. February 9, 2021, Proof of Ownership for Kensington Manor LLC was received. 4. February 18, 2021, Staff Reviews were completed and revisions were requested for boundary descriptions. 5. February 23, 2021, revisions were submitted. 6. February 25, 2021, the application was approved. 7. March 4, 2021, Notice was sent to the newspaper to be published on March 18th and March 25th. 8. March 8, 2021, Notice was mailed to all adjacent property owners within 300’. 9. March 24, 2021, Noticed was posted on the property on W Main and 12th W. 10. April 1, 2021, Alan Parkinson presented the application to the Planning & Zoning Commission. 11. 6:35PM – (21-00084) – The R Mountain Development – Rezone 20 S 12th W, RPR6N39E260006, and RPR6N39E260007 from Low-Density Residential 2 (LDR2), Medium Density Residential 2 (MDR2) and Community Business Center (CBC) to eliminate LDR2 and expand MDR2 and CBC zoning areas. (action) – Brent McFarland or Kurt Roland 35 North 1st East Rexburg, ID 83440 Phone: 208.359.3020 Fax: 208.359.3022 www.rexburg.org Reason for Decision City of Rexburg Applicant Presentation – Brent McFarland or Kurt Roland – Jared Kay – 950 Vista – It is our hope to take Rand Robison’s property and slide the MDR2 to the west and eliminate the LDR2, then increase the Community Business Center. Part of the property is owned by Lana Chang. Kurt Roland arrived. Commissioner Questions: Kristi asked if the size of MDR2 increases. Jared Kay said the street to the north lines up with the boundary between the MDR2 and CBC zones. About 857’ will be CBC and 725’ will be MDR2. The boundary lines up with the part of N 2162 W that runs north to south to intersect with W Hwy 33. Vince asked how much right of way would be required. The road will be 100’ wide on S 12th W. Jared believes 75’ will go to the State for W Hwy 33. Chairman Rory Kunz asked about the size of the property. The total area of land is 25 acres. About 18 acres is being changed in the rezone to MDR2 and CBC. The total land zoned CBC will finally be 13.56 acres and 11.392 acres will be MDR2. Staff Report: Planning & Zoning – Alan Parkinson – Staff has reviewed the applicant’s proposal. The Comprehensive Plan Map does not require a change. Infrastructure is in place and can handle this proposal. The Applicant has been notified the ROW will have to be dedicated to the public for Hwy 33 and S 12th W. The City has adequate capacity to service these uses. Staff is recommending to the Commission to recommend this proposal to City Council for approval. Commissioner Questions for Staff: Aaron Richards confirmed today’s Comprehensive Plan conforms to the proposal. Kristi Anderson identified a home on the northwest corner. Greg Blacker identified the 100’ ROW for expansion on 12th W. Will the builder do this work? Alan answered the developer would be responsible to build out W Hwy 33 and S 12th W along the property. Typically, when construction begins, the road would have to be widened where development occurs. The 100’ is the total roadway width. Vince Haley asked with the diamond, would this interchange be affected. Alan answered Keith has looked at this proposal and he believes there are no conflicts. Another Traffic Impact Study is not needed; one was completed when the Rexburg West Subdivision was reviewed. Alan said the City has visited with the Idaho Transportation Department (ITD). The speed was requested to be reduced to 35mph for safety reasons from the northeast corner of this property and continue down Main Street into town. Vince confirmed Main Street and 12th W is not part of the diamond construction. Alan said the road expands as development occurs. Conflict of Interest? - 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. Chairman Rory Kunz opened the public hearing. Favor: None Neutral: None Written Correspondence: Dean Kunz – 110 S 12th W Opposed: Laura Echevarria – 2317 W Hwy 33 – (She originally spoke as neutral, but asked her comments be opposed to the application.) Her concern is the property up against her home; she sees the zone is changing from low-density residential to medium-density residential; does this mean apartment complexes? Chairman Rory Kunz said 20 units/acre would be allowed. The City Development Code side-yard setback would be 6’. Vince Haley said the side yard is the greater of 6’ or 6”:1’ of building height. Kristi said the building setback is from the property line. Duplexes, twin homes, or 4-plexes would be allowed in the MDR2 zone. The maximum building height would be 40’. Rory asked based on what Vince is reading, with the maximum building height, how far the building would have to be from the property line. Vince said the side yard setback would end up as 20’. Rear yard setback is 20’ and front yard setback is 25’ or 20’ with 7’ boulevard strip. They have lived in their home for over twenty years. Lisa Wood – 130 N 2162 W – They live on the north side of Hwy 33. Her house is at the end of the N 2162 W lane. Lisa and her husband like living in the country. She has a couple of questions. She confirmed the land on the application tonight is already in city limits. What are her chances of being annexed into the city? Chairman Rory Kunz said this has more to do with future development than this applicant’s request and the resources needed to service the area. Lisa sees growth heading out to her for annexation. They chose to live outside the city limits. At some future point, if they were to become part of the city, her taxes would potentially increase. A developer has approached their neighborhood with changes to the area. Vince Haley asked for the city-limit line to be shown. Another thing she noticed is the city limit sign to the east of her keeps moving closer to Lisa’s property. Rory confirmed Lisa’s objection to the applicant’s proposal has more to do with a desire to remain outside of the city limits. The decision the group makes tonight is based on the present application and not on possible future changes. Lisa does not feel it is prudent to have an intersection at N 2162 W. Lisa asked about the 12th W widening; what is the plan for the road expansion? Rory confirmed the developer would expand 12th W to the city’s requirements. Lisa is slightly concerned about the interchange; she knows this will be expanded. A lot of construction on this parcel will affect the interchange construction. This proposal definitely increases the traffic in her neighborhood. Nathan Wood – 130 N 2162 W - His biggest concern is he has a hard time with people being stuck on his road, tearing up his yard and driveway. He lives on a private lane and is responsible for the lane’s maintenance. Increased traffic will cause him to have more problems with vandalism. He agrees with the comments his wife has made. Rebuttal: Kurt Roland – Eagle Rock Engineering – 1331 Fremont Avenue, Idaho Falls – When the construction happens on this project, the speed on Hwy 33 will be reduced from 45mph to 35mph. He assumes the lots to the north are not serviced with city water and sewer. The lots are currently oversized and each have their own water and sewer systems. The county road right-of-ways will not match city road right-of-ways. Kristi Anderson asked about development of the road to the north. The connection is not to increase traffic going to the north. Kurt said lining roads up reduces crashes and increases safety. Accesses are limited off a major arterial for safety too. Sally Smith asked about how many accesses onto Hwy 33. Kurt said the road at N 2162 W would be the only access onto Hwy 33. 5 | Page Chairman Rory Kunz asked if anyone else would like to speak. He closed the public input portion of the hearing at 7:06p.m. Commissioners Discussion: Chairman Rory Kunz said once the development is built out, the new intersection should be able to handle the traffic going back and forth in the diverging- diamond intersection. The Applicant is saying there may be some inconvenience in the process, but once built out, the roads will be able to handle the traffic flow. Vince said we currently have the medium-density and the Community Business Center already. His concern is removing the LDR2, the effect on the current home. Once the Commission explained to the Echavarrias what could be built on the MDR2, Laura did not have much of a concern. He would approve the request. Randall said this is very similar access as Rexburg West and Valley Wide. The Comprehensive Plan is planning for commercial development, so it looks like a good fit for the area. Kristi said she was on the Commission when this current zoning was put into place; she likes how the land is zoned currently. She likes the step-down in zoning. There are quite a few homes along this stretch with bigger yards. At this point, she does not know if she would deny the request. She is not sure she likes the switch. Sally Smith asked for the zoning of Dean Kunz property, which is RR1. Rory said there is an element of noise and smell that comes with raising cattle. Kristi asked how big the cattle operation is; it is unknown. Aaron said he does not know how more urban this proposal could be. This is ground zero for what has been proposed. As far as roads, Highway 33 is a state road and the State will control the adjacent intersections. It is safer to limit curb cuts and line up intersections. He would be in support of the Applicant. David said he has some concerns about the CBC zone moving so far to the west. The only way this could be developed would be as a business park, pushing commercial further west and encroaching on the residential in this area. As it is now, the step-down protects these residential areas and keeps the commercial on N 12th W. The proposal is dooming those neighborhoods immediately to the north to become commercial. He is on the fence as far as his vote is concerned. Rory said he would not use the word “doomed” as this land would also see an increase in property values. David said this proposal is an aggressive approach. Greg asked if we could limit the development with a condition for building against the neighbor. Attorney Rammell said the application would have to be for a Conditional Use Permit instead of a rezone. Chairman Rory Kunz addressed a lack of understanding of the situation. The Applicant is asking to increase the medium-density and increase the commercial. They have the ability to build-out medium-density housing and commercial properties and low-density residential 2 housing. At this point, the Applicant is asking to shift the zoning. Kristi identified the Comprehensive Plan map boundary does not line up with the proposal. Is the Applicant extending the zone into an area that is not already comprehensive plan map designated to match the proposal? This parcel has both designations on the parcel and the line is arbitrary. Attorney Rammell was consulted. He emphasized the need to articulate the reasons for decision. Sally said there are many single-family homes on Highway33, but she does not see demand for single- family homes along the highway for LDR2. She does not have a problem with this zone change; this kind of growth would be good in this area. The speed limit change would also be a benefit. She would vote to approve the application. MOTION: Motion to recommend to City Council to approve the rezone of the 20 S 12th W RPR6N39E260006, and RPR6N39E260007 to eliminate the LDR2 and expand the MDR2 and CBC zoning as the zones are already in this area, the zoning is just increasing in size, and the zones are a good fit for the area, Action: Approve, Moved by Vince Haley, Seconded by Sally Smith. 6 | Page Commission Discusses the Motion: Randall said growth is hard. He lived out in Burton for fifteen years and he knows what happens with growth. He feels like as the growth expands outside the city, I look at the business park. If I were there, I could have much worse neighbors. Vince knows the man who wanted to develop this land a number of years ago. He stepped away from the development due to the cost of the ROW. He sees four (4) acres is being given away for ROW, which is a substantial amount of land. Vince is thinking of the benefit of having the intersection wider, which is good for the area. He drives the intersection every day, and it is a tight intersection, especially with truck traffic. VOTE: Motion carried by unanimous roll call vote (summary: Yes = 10). Yes: Aaron Richards, Chairman Rory Kunz, David Pulsipher, Greg Blacker, Jim Lawrence, Kristi Anderson, Randall Kempton, Sally Smith, Todd Marx, Vince Haley. 12. April 7, 2021, the application was presented to City Council by Alan Parkinson. Planning & Zoning Recommendation to extend zoning of Community Business Center (CBC) and Medium Density Residential 2 (MDR2) at approximately 20 S 12th W and parcel numbers RPR6N39E260006 and RPR6N39E260007 #21-00084. Designated as Ordinance No 1258 if Motion Passes and Considered 1st Read – Alan Parkinson Jared Kay explained the rezone request to extend the Community Business Center (CBC) Zone and the MDR2 Zone to the west of the property and completely remove the Low Density Residential Two (LDR2) Zone. This change will allow 12th West to be completed and the city would be given 100 feet of right of way. The extension of the CBC Zone will allow for a commercial subdivision and better lots similar to the lots near the Valley Wide Cooperative. The MDR2 Zone would be behind the CBC Zone. He said he doesn’t foresee many single-family housing being built near Highway 33. Lisa Wood said she is not in favor of this rezone even though her property isn’t currently in the city limits; it may be in the future. There are larger lots and homes near the proposed zone change. She fears her property taxes will increase and her property will be annexed into the city. The increased traffic to turn onto Highway 33 will cause issues with the MDR2 Zone being allowed. There are many large semi- trucks traveling this section of Highway 33. If the rezone request is approved, it will interfere with her neighborhood where she has lived for 15 years. Some of her neighbors have lived there longer than she has and have voiced the same concerns to her. Discussion regarding the number of access allowed by the Idaho Transportation Department (ITD) on highways. Planning and Zoning Administrator Parkinson said the MDR2 Zone will require two entrances, one entrance from Highway 33 and the other from the commercial side onto 12th West. Council Member Mann expressed concerns with the amount of traffic and the curve on Highway 33. Planning and Zoning Administrator Parkinson said city staff has met with ITD regarding the rezone change and have requested the speed limit be reduced to 35 miles per hour. The 120 to 125 feet of right- of-way will allow for four lanes of traffic with a turning lane to assist with traffic flow. There are other lanes that may be required to alleviate traffic issues. 7 | Page Council President Busby asked for the number of acres in the MDR2 Zone. Planning and Zoning Administrator Parkinson replied there are eight acres in the MDR2 Zone for this rezone request. ORDINANCE NO 1258 Extend Zoning of Community Business Center (CBC) and Medium Density Residential 2 (MDR2) at Approximately 20 South 12th West and Parcel Numbers RPR6N39E260006 and RPR6N39E260007 in Rexburg, Idaho 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 President Busby moved to approve Ordinance No. 1258 to extend zoning of Community Business Center (CBC) and Medium Density Residential 2 (MDR2) at approximately 20 S 12th W and parcel numbers RPR6N39E260006 and RPR6N39E260007 and consider first read; Council Member Johnson seconded the motion; Mayor Merrill asked for a vote: Those voting aye Those voting nay Council Member Johnson None Council Member Mann Council Member Walker Council Member Wolfe Council President Busby The motion carried 8 | Page 13. April 21, 2021, City Council 2nd Read. Ordinance No 1258 Extend Zoning of Community Business Center (CBC) and Medium Density Residential 2 (MDR2) at approximately 20 S 12th W and parcel numbers RPR6N39E260006 and RPR6N39E260007 #21-00084 – Alan Parkinson ORDINANCE NO 1258 Extend Zoning of Community Business Center (CBC) and Medium Density Residential 2 (MDR2) at Approximately 20 South 12th West and Parcel Numbers RPR6N39E260006 and RPR6N39E260007 in Rexburg, Idaho 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 Walker moved to approve Ordinance No 1258 Extend Zoning of Community Business Center (CBC) and Medium Density Residential 2 (MDR2) at approximately 20 S 12th W and parcel numbers RPR6N39E260006 and RPR6N39E260007 and consider second read; Council President Busby 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 14. May 5, 2021, City Council 3rd Read. Ordinance No 1258 Extend Zoning of Community Business Center (CBC) and Medium Density Residential 2 (MDR2) at approximately 20 S 12th W and parcel numbers RPR6N39E260006 and RPR6N39E260007 #21-00084 – Alan Parkinson ORDINANCE NO 1258 Extend Zoning of Community Business Center (CBC) and Medium Density Residential 2 (MDR2) at Approximately 20 South 12th West and Parcel Numbers RPR6N39E260006 and RPR6N39E260007 in Rexburg, Idaho AN ORDINANCE AMENDING AND CHANGING THE ZONING MAP OF THE CITY OF REXBURG, IDAHO, AND 9 | Page 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 Walker moved to approve Ordinance No 1258 Extend Zoning of Community Business Center (CBC) and Medium Density Residential 2 (MDR2) at approximately 20 S 12th W and parcel numbers RPR6N39E260006 and RPR6N39E260007 and consider third read; Council Member Flora seconded the motion; Mayor Merrill asked for a vote: Those voting aye Those voting nay Council Member Johnson None Council Member Mann Council Member Walker Council Member Wolfe Council President Busby The motion carried