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Home My WebLink AboutRFD - 21-00955 - Direct Mgmt. - 155 N 1st W - Rezone from LI to HDR1 1 | Page #21 00955 Rezone from Light Industrial (LI) to High-Density Residential 1 (HDR1) 155 N 1st W 1. November 30, 2021, An application was received for a Rezone from Light Industrial (LI) to High-Density Residential 1(HDR1) from Jenn Handy with Direct Management Company. 2. December 2, 2021, An Affidavit of Legal Interest and Proof of Ownership for Direct Management Company LLC was received. 3. December 6, 2021, Fees were paid for the application. 4. December 14, 2021, Staff Reviews were completed. 5. December 23, 2021, Notice was sent to the newspaper to be published on January 4th and January 11th, 2022. Notice was mailed to all property owners within 350’. 6. January 12, 2022, Notice was posted on the property. 7. January 20, 2022, Alan Parkinson presented the application to the Planning & Zoning Commission. 6:30PM (21-00955) 155 N 1st W - Rezone from Light Industrial (LI) to High-Density Residential 1 (HDR1). This parcel is located near several other High-Density Residential 1 (HDR1) zoned parcels to the north and east of this parcel. The parcel is 1.23 acres. (action) – Direct Management - Tim May, Dave Kuhn Staff Report: Alan Parkinson – Alan identified the property location for this hearing on the overhead map. This parcel is the old Mickelsen’s Hardware store. The property has been purchased by the Kuhns. A warehouse has been torn down at this location with a shop remaining. The Applicant is requesting a change from Light Industrial (LI) to High-Density Residential 1 (HDR1). There is High- Density Residential 1 (HDR1) zoned parcels to the north, east, and High-Density Residential 2 (HDR2) kitty-corner at 146 N 1st W. This request fits with the neighborhood. The Comprehensive Plan designation matches the request. 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 | Page Public Works says they can service the parcel’s potential density with sewer and water. Staff recommends the Commission recommend this application to City Council. Commissioner Questions: Vince said in the Staff Report, it noted the traffic would stress the streets in this area. He asked Alan to elaborate. Alan said a Traffic Impact Study will tell us what will be needed to address the stress on the streets when the property is developed. Chairperson Smith asked about the HDR1 would allow. Alan answered the density in HDR1 is thirty (30) units per acre. Apartments are an allowed use. No single-family homes would be allowed without a Conditional Use Permit (CUP). Vince confirmed the parcel is 1.2 acres. Greg asked about uses to the south of the request. Alan answered the property is Community Business Center (CBC) to the south. This is an industrial area, there are some existing homes, and the business, Legacy Management. The area is transitioning from light industry to residential, with commercial along the 1st N frontage. Chairperson Smith said the Staff Report indicated the property is part of LID51. Is this the current LID? Alan confirmed LID51 is the current year’s LID. The LID will require the streets to be updated. Applicant Presentation: None Commissioner Questions: None Chairperson Smith opened the public input portion of the hearing at 6:35PM. Favor: None Neutral: None Opposed: None Written Correspondence: None Rebuttal: None Chairperson Smith asked if anyone else would like to speak. She closed the public input portion of the hearing at 6:36PM. 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: Vince said we are decimating light industrial areas. The traffic and access here does not serve light industrial. It looks like this area is going to residential, specifically to high-density due to the proximity to town. His only concern is the traffic. The intersection behind Broulims can be tricky to cross. Knowing a Traffic Impact Study will need to be done; he will not have to worry. The request makes sense in this area. Todd said the zoning on adjacent parcels supports this change. Aaron agreed; he likes how this property is walkable to the public facilities to the north, including Rexburg Rapids. With the property at 1.2 acres, you are capped at 36 units before detention and parking are subtracted. Odds are the development will not be too intense on the traffic side. The request makes sense, rounding out the high-density residential around it. Greg agrees, it seems this is the right place for the density. Chairperson Smith agreed. 3 | Page MOTION: Motion to recommend to City Council to change the zoning for 155 N 1st W from Light Industrial (LI) to High-Density Residential 1 (HDR1), because it fits the area and allows people to keep walking in the downtown., Action: Approve, Moved by Greg Blacker, Seconded by Todd Marx. Commissioner Discussion on the Motion: Randall Kempton asked to add the Comprehensive Plan to the motion. MOTION AMENDED: Motion to recommend to City Council to change the zoning for 155 N 1st W from Light Industrial (LI) to High-Density Residential 1 (HDR1), because it fits the area, encourages people to keep walking in the downtown, and is aligned with the Comprehensive Plan., Action: Approve, Moved by Greg Blacker, Seconded by Todd Marx. VOTE: Motion carried by unanimous roll call vote (summary: Yes = 8). Yes: Aaron Richards, Bruce Casper, Greg Blacker, Jim Lawrence, John Bowen, Randall Kempton, Sally Smith (Chairperson), Todd Marx, Vince Haley (Vice Chair). Aaron Richards, Greg Blacker, Jim Lawrence, Randall Kempton, Sally Smith (Chairperson), Todd Marx, Vince Haley (Vice Chair), and David Pulsipher. 8. February 2, 2022, Alan Parkinson presented the application to City Council. Planning and Zoning recommendation to approve a rezone at approximately 155 N 1st W from Light Industrial (LI) to High Density Residential 1 (HDR1) #21-00955. Designated as Ordinance No 1275 if Motion Passes and Considered 1st Read – Alan Parkinson Planning and Zoning Administrator Parkinson reviewed the rezone request at approximately 155 N 1st W from Light Industrial (LI) to High Density Residential 1 (HDR1). ORDINANCE NO. 1275 Rezone Approximately 115 North 1st West from Light Industrial (LI) to High Density Residential 1 (HDR1) 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. 4 | Page Council Member Erickson asked about the traffic safety survey plan. Has that been done? Planning and Zoning Administrator Parkinson said it will be before they build. Council Member Johnson asked if the study comes back with concerns, then what happens next? Director Davidson said the study looks at deficiencies and if there were any, the developer would need to take care of them before building. Council Member Johnson moved to approve Ordinance No. 1275 the rezone at approximately 155 N 1st W from Light Industrial (LI) to High Density Residential 1 (HDR1 and consider first read; Council Member Erickson 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 The motion carried. 9. February 16, 2022, the application was 2nd Read by City Council. Second Reading: Those items which have been first read: Ordinance No 1275 Rezone Approximately 155 N 1st W from Light Industrial (LI) to High Density Residential 1 (HDR1) #21-00955 – Alan Parkinson 5 | Page ORDINANCE NO. 1275 Rezone Approximately 115 North 1st West from Light Industrial (LI) to High Density Residential 1 (HDR1) 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. 1275 the rezone at approximately 155 N 1st W from Light Industrial (LI) to High Density Residential 1 (HDR1 and consider second read; Council Member Erickson 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. 10. March 2, 2022, the application was 3rd Read by City Council and finally approved. Third Reading: Those items which have been second read: 6 | Page 1. Ordinance No 1275 rezone approximately 155 N 1st W from Light Industrial (LI) to High Density Residential 1 (HDR1) #21-00955 – Alan Parkinson ORDINANCE NO. 1275 Rezone Approximately 115 North 1st West from Light Industrial (LI) to High Density Residential 1 (HDR1) 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 Chambers moved to approve Ordinance No. 1275 a rezone at approximately 155 N 1st W from Light Industrial (LI) to High Density Residential 1 (HDR1) and consider third 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 Chambers Council Member Erickson Council Member Walker Council President Busby The motion carried.