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HomeMy WebLinkAboutRFD - 21-00754 - Rexburg West DIV II-Approx. 100 N 12th W-Annexation & Rezone to MU 1 | P a g e #21 00754 Annexation & Rezone to Mixed Use (MU) Rexburg West DIVII – Approx. 100 N 12th W 1. September 23, 2021, An application was received for Annexation to the City of Rexburg and Rezone to Mixed Use (MU) from Mitchel C. Neibaur. 2. October 6, 2021, City Council received notification of the annexation request. 3. October 7, 2021, Staff Reviews were completed. 4. October 11, 2021, Notice was sent to the newspaper to be published on October 15th and November 5th, 2021. 5. October 15, 2021, Notice was mailed to all property owners within 350’. 6. November 12, 2021, Notice was posted on the property. 7. November 18, 2021, Alan Parkinson presented the application to the Planning & Zoning Commission. 6:35PM (21-00754) Rexburg West DIV2 – Annexation & Rezone from Transitional Agriculture (TAG) & Community Business Center (CBC) to Mixed Use (MU). The parcel is in the floodplain. The development will have to follow all floodplain requirements. The parcel is 18.66 acres. (action) – Mitch Neibaur Staff Report: Alan Parkinson – City of Rexburg – The parcel was shown on the map. Recently, the Commissioners recommended the rezone of the parcel at the corner of 12th W and Hwy 33 to Mixed Use (MU) southwest of tonight’s parcel. The Applicant is requesting annexation into the city and a rezone of Rexburg West DIV2 to Mixed Use. The Comprehensive Plan designation of Commercial/Mixed Use matches the rezone request. The land can be serviced with utilities. The Applicant is aware that the parcel is in the floodplain; he is aware of the requirements needed if the land is developed. Alan said Staff is neutral on this request. David 35 North 1st East Rexburg, ID 83440 Phone: 208.359.3020 Fax: 208.359.3022 www.rexburg.org Reason for Decision City of Rexburg 2 | P a g e asked is this largely due to the sewer and water service. Alan said no. The concern is meeting the requirements for floodplain; it can be done. Building the land up will be expensive. Until official grades are measured, and floodplain certificates established, it will not be known exactly what will be needed. Commissioner Questions: David asked to see the floodplain boundaries. Alan said just for your information, the accuracy of the map is approximate, erring on the side of more rather than less. The Flood Insurance Rate Map (FIRM) map for the area is the most accurate. The Federal Emergency Management Agency (FEMA) does not currently have a digital map. When in the floodplain, the buildings will have to be built one (1’) foot above the floodplain. Aaron asked if this requirement applies to a public right-of-way. Alan said the requirement does not apply to the right-of-way; it only applies to occupied buildings. Greg knew FEMA was going to come in and expand the floodplain. Does the map show the expansion? Alan answered it was not. The map shows current measurements. Madison County is working on negotiations for the new FIRM map. It may take three to five (3-5) years before we see a digital map. Alan said there are efforts to get the area reduced. Chairperson Smith identified there is no grandfathering of structures within the floodplain. All buildings have to be brought up to the identified levels. David asked about the rate of drop from Rexburg 3 | P a g e West DIV1 to Rexburg West DIV2. Mitch Neibaur answered from the audience, the elevation would have to be raised three to four (3-4’) feet from present levels. Aaron asked about the hole of the donut; have the properties been approached to be included in the annexation. Alan answered they were contacted and chose not to be annexed at this time. The properties do not want to pay additional taxes with no added benefit. Aaron asked if the “flagpole” of the property is right-of-way. Mitch Neibaur confirmed the “flagpole” is deeded right-of-way. Greg asked if this property is adjacent to the boathouse mobile home community. Alan said there is a parcel between Rexburg West DIV2 and the boathouse mobile home community. Greg asked if the golf course and Pine Brook are in the city limits. Alan confirmed the golf course and Pine Brook are in city limits. Greg asked if the boathouse mobile home community is hooked up to city water and sewer. Alan said it is hooked up to city water and sewer, but they pay a higher fee for service. City water and sewer stops on McJon, servicing Rustin Townsend’s place (1154 McJon Ln) we recently annexed. Applicant Presentation: Mitchel C. Neibaur – 1040 S 5600 E – He is the manager of this property. Rexburg West DIV1 will extend to the north into tonight’s parcel via Sawtelle Avenue and Firehole Drive. He confirmed his aware of the floodplain measurements and he knows those accommodations would be needed for development on Rexburg West DIV2. He is not trying to circumvent this issue at all; he is prepared to meet the floodplain requirements for building. An artist rendition of the entrance of Rexburg West DIV1 was shown. You can see the boathouse mobile home community in the distance. He is trying to create a place that will incentivize others to come to this area to help build a neighorhood. This neighborhood would encompass the area from W Main Street to the Teton Lakes Golf 4 | P a g e Course and from N 12th W to Hwy 20. The area begs for a master planned community. The combination of houses and businesses will reduce the traffic to other areas. There is a Comprehensive Plan and a Comprehensive Plan Map. When the process begins, Mitch goes to the map to see what the city would like to see in the parcel’s area. The map shows Commercial/Mixed Use on the Rexburg West DIV2 parcel. When you go back and look at our history, his family was some of the pioneers that settled in this area. He lived in Newdale but farmed in the Green Canyon area. Living in these areas allowed Mitch and his family to be a part of two communities. The Mixed Use is attractive to Mitch because resources and neighborhoods are combined. Right now, if he wants to build a home in the County, he must purchase a minimum of two (2) acres. He can build a nice home on a parcel that size, but for the same amount of land zoned Mixed Use, thirty (30) units are allowed per acre to give sixty (60) people homes to live in. One hundred twenty acres in Madison County would be needed to provide the same number of people homes. He loves Logan, Utah, and Cache Valley. Logan, Utah, developed with a long Main Street to Smithville. With this long Main Street, this is their business district. The businesses build in a single row with limited residential. You cannot exist in Logan, Utah, without a car. A closer example is 17th Street in Idaho Falls. 17th Street is another dynamic, commercial area with limited residential availability. Conditions make traffic fast with a focus on car access. Mitch’s project provides an opportunity to dine, live, and work in the same area. The developments’ benefits are it brings people together, pulls traffic off of the roads, and it will add to the city’s and county’s tax base. Mixed Use doesn’t fit everywhere, but we think this is a good place for it. Commissioner Questions: Aaron asked on the Federal Emergency Management Agency (FEMA) 100-year floodplain, has an engineer gone out and shot the topography. Mitch said this has not occurred, it usually happens later. On the Rexburg West DIV1 northeast corner, there is a monitoring well. The well goes down twenty (20’) feet. No reclamation was needed on Div. 1, because there is no elevation change. He realizes fill is expensive. 5 | P a g e Chairperson Smith opened the public input portion of the hearing at 6:54PM. Favor: Matt Griffith – 5569 W 6000 N, Rexburg – He is here this evening in support of this application. He does not have any financial tie to Rexburg West DIV2. He owns some of the land up closer to Hwy. 33 in Rexburg West DIV1. He hopes to move his dental practice to this location at one point. He is in favor of having a good plan for this area. Matt feels there is a demand for Mixed Use. People coming to the city, some of them are looking for alternatives to apartment complexes. His wife would prefer living in a mixed-use project without a yard. This kind of situation has the potential to simplify your life. Mitch Neibaur – Last night, there was a City Council meeting. Scott Johnson and Ted Hendricks shared information about some grants. Tisha Flora, in that same meeting, repeated a figure stated by a consultant for Urban Renewal who said Madison County’s population growth was anticipated to be 100,000 by 2040. This is an alarming number. He talked about the movie, Dances with Wolves. The Native Americans, who are threatened, do not know what is coming or who is coming. The wise, old, Native American Chief turns to Kevin Costner and asks how many people are coming. Kevin answers, “like the stars.” Mitch says he cannot stop the growth, but hopefully we can influence that growth. Neutral: None Opposed: None Written Correspondence: 6 | P a g e Rebuttal: None Chairperson Smith closed the public input portion of the hearing at 7:00PM. Conflict of Interest? – Chairperson Smith 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. Commissioner Discussion: Chairperson Smith said she thinks these are great projects and her only concern would be the floodplain. She asked Alan if there are a lot of businesses in the city that are located in the floodplain. Do we consider the floodplain in our 7 | P a g e Comprehensive Plan planning? How has the floodplain been handled? Alan said we do have businesses in the floodplain. The floodplain is considered in the planning for the Comprehensive Plan, but we cannot restrict building in the floodplain. The floodplain exists in the center of our city. Most of these buildings were built prior to requirements to build above the floodplain. Chairperson Smith said in real estate for certain loans, they cannot be obtained for parcels in the floodplain. Alan said right now, we do not have a flood way. In a flood way, no structures can be built and the land cannot be filled. Chairperson Smith said an elevation study could identify a parcel is out of the floodplain. Alan said $1,000-$1,500 is the price to get someone to come and look at the floodplain level. Aaron said there is another project in the city in the 100-year floodplain and the cost to raise the project out of the floodplain killed the project. A multi-family project could actually set the project up for success enabling a larger budget. The developer will take the land out of the 100-year flood level. The density will allow the budget to raise the land three to four (3’-4’) feet. This use is a good way to use peripheral floodplain land. This makes sense. David said he has no concerns with the floodplain. His concerns are more about the traffic and the intersection of 12th W and Hwy 33. Will this development push the intersection to failure? Alan answered a Traffic Impact Study would be needed to determine the impacts. Keith Davidson, Public Works Director, has looked at this area. Keith is working on a Transportation Study update. Traffic counts have been conducted to drive the Transportation Plan and determine our strengths and weaknesses. The interchange, a diverging diamond, will be built in 2023. This will ease the ability for people to flow in and out of the city, allowing an offset of the pressure on 12th W and Hwy 33. On Rexburg West DIV1, only a right-in, right-out is allowed on Hwy 33. Rexburg West DIV2 will access via 12th W. This will cause Staff to look at 12th W to determine if it needs to be widened. If it is required, the developer will bear their share of those changes that are determined from the Traffic Study. Mitch said the land has already been deeded to the State for another lane for this development on Hwy 33 for a 7-lane configuration. The State has already anticipated what could happen. There will be increased traffic in this area whether his development goes in or not. He is not aware of a street in Madison County that is anticipated to be wider than Hwy 33. Greg said he would love to have businesses on the west side of town. He thinks this is a good plan. John Bowen likes the idea of having Mixed Use in this area instead of having Community Business Center or Transitional Agriculture. MOTION: Motion to recommend to City Council the annexation of Rexburg West DIV 2 and rezone from Transitional Agriculture (TAG) & Community Business Center (CBC) to Mixed Use (MU), because it is a good use of the property., Action: Approve, Moved by John Bowen, Seconded by Aaron Richards. Commissioner Discussion on the Motion: None VOTE: Motion carried by unanimous roll call vote (summary: Yes = 6). Yes: Aaron Richards, David Pulsipher, Greg Blacker, John Bowen, Sally Smith (Chairperson), Todd Marx. 8. December 1, 2021, Alan Parkinson presented the application to City Council. 8 | P a g e Public Hearing 7:00 P.M. Ordinance No 1273 Annex into the City of Rexburg property in the Impact Area at approximately 100 N 12th W and Rezone said property from Transitional Agriculture (TAG) and Community Business Center (CBC) to Mixed Use (MU) zone #21-00754 – Alan Parkinson Mayor Merrill opened the public hearing Public Testimony in favor of the proposal (5-minute limit): Mitchel Neibaur explained the project was started three years ago with the intention of acknowledging the desires of the city for this development. As he reviewed the city’s Comprehensive Plan to determine the type of development that would fit in the plan, they determined Mixed Use would be the best fit. There are conflicts with population density, traffic, and urban sprawl; however, the Mixed Use Zone will allow businesses to work together and reduce some traffic in the area. Mitchel Neibaur said the current developments neighboring his property are projected to bring in 12 professional 24 technical and 48 support staff jobs. His combined development has the potential of bringing a significant number of jobs to the city. The tax revenues per acre would also benefit city and taxing entities. A Mixed Use community promotes a live, work, shop, and dine atmosphere and will also encourage all city residents to walk or ride a bike in this area. Dr. Bret Mooso said he is a resident of the City of Idaho Falls, Idaho, and the owner of lot # 4 in the Rexburg Division One Development. He does not have a financial interest in the second phase of this development. He is in favor of the Mixed Use Zone development. He said he understands Madison County is expected to have 100,000 residents by the year 2040. This development will provide housing for future growth. Public Testimony neutral to the proposal (5-minute limit): None Public Testimony opposed to the proposal (5-minute limit): None Mayor Merrill closed the public hearing Council Member Walker moved to approve Ordinance No 273 Annex into the City of Rexburg property in the Impact Area at approximately 100 N 12th W and Rezone said property from Transitional Agriculture (TAG) and Community Business Center (CBC) to Mixed Use (MU) Zone Rezone and consider first read; 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. 9 | P a g e 9. December 15, 2022, the application was presented to City Council for a 2nd Read. Ordinance No 1273 Annex into the City of Rexburg property in the Impact Area at approximately 100 N 12th W and Rezone said property from Transitional Agriculture (TAG) and Community Business Center (CBC) to Mixed Use (MU) zone #21-00754 – Alan Parkinson ORDINANCE NO. 1273 AN ORDINANCE ANNEXING CERTAIN LANDS TO THE CITY OF REXBURG, IDAHO; DESCRIBING SAID LANDS AND DECLARING SAME A PART OF THE CITY OF REXBURG, IDAHO; AND AMENDING AND CHANGING THE ZONING MAP OF THE CITY OF REXBURG, IDAHO, AND THE CLASSIFICATION OF THE SAME UNDER THE ZONING ORDINANCE OF THE CITY OF REXBURG, IDAHO; AND PROVIDING WHEN THIS ORDINANCE SHALL BECOME EFFECTIVE. Council Member Wolfe moved to approve Ordinance No 1273 Annex into the City of Rexburg property in the Impact Area at approximately 100 N 12th W and Rezone said property from Transitional Agriculture (TAG) and Community Business Center (CBC) to Mixed Use (MU) Zone Rezone and consider second read; Council Member Johnson 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. 10 | P a g e 10. January 5, 2022, the application was presented to City Council for a 3rd Read. Ordinance No 1273 Annex into the City of Rexburg property in the Impact Area at approximately 100 N 12th W and Rezone said property from Transitional Agriculture (TAG) and Community Business Center (CBC) to Mixed Use (MU) zone #21-00754 – Alan Parkinson ORDINANCE NO. 1273 AN ORDINANCE ANNEXING CERTAIN LANDS TO THE CITY OF REXBURG, IDAHO; DESCRIBING SAID LANDS AND DECLARING SAME A PART OF THE CITY OF REXBURG, IDAHO; AND AMENDING AND CHANGING THE ZONING MAP OF THE CITY OF REXBURG, IDAHO, AND THE CLASSIFICATION OF THE SAME UNDER THE ZONING ORDINANCE OF THE CITY OF REXBURG, IDAHO; AND PROVIDING WHEN THIS ORDINANCE SHALL BECOME EFFECTIVE. Council Member Flora moved to approve Ordinance No 1273 Annex into the City of Rexburg property in the Impact Area at approximately 100 N 12th W and Rezone said property from Transitional Agriculture (TAG) and Community Business Center (CBC) to Mixed Use (MU) Zone Rezone and consider third read with the condition that the annexation agreement will be signed before it goes into effect. Council President Busby asked if a sunset clause could be placed on this request. Council Member Flora amended her motion to include a 60-day sunset clause; 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 Chambers Council Member Erickson Council Member Walker Council President Busby The motion carried.