The URL can be used to link to this page

Home My WebLink AboutRFD - 21-00973 - Erickson 40, DSH - 4 Parcels - Annex & Rezone Erickson 40 to MU 1 | Page #21 00973 Annexation & Rezone 4 parcels of Erickson 40 from Community Business Center (CBC) to Mixed Use (MU) at approx. 1020 & 1040 W Main, and Annexation of DSH Living Trust - RP06N39E246001 1. December 3, 2021, An application was received for an Annexation & Rezone 4 parcels of Erickson 40 from Community Business Center (CBC) to Mixed Use (MU) at approx. 1020 & 1040 W Main, and Annexation of DSH Living Trust - RP06N39E246001 from Bron Leatham and Shalynn Lister. 2. December 6, 2021, All application documents were complete and fees were paid. 3. December 22, 2021, Staff Reviews were completed, a Staff Report was attached to the permit, and the applicant was notified. 4. December 23, 2021, Notice was sent to the newspaper to be published on January 4th and January 18th, 2022, for the Planning & Zoning hearing. Notice was sent for the City Council hearing to be published on January 14th and February 4th, 2022. Notice was mailed to all property owners within 350’. 5. January 18, 2022, Bron Leatham signed the Annexation Agreement for the Erickson 40 parcels. 6. January 27, 2022, Notice was posted on the property. 7. February 1, 2022, Jim Holm signed the Annexation Agreement for the DSH Living Trust. 8. February 3, 2022, Alan Parkinson presented the application to the Planning & Zoning Commission. 6:30PM (21-00973) Annexation of Erickson 40 at approximately 1020 and 1040 W Main and DSH Living Trust at approximately 330 N 12th W. Erickson 40 parcels are RP06N39E244821, RP06N39E244803, and RP06N39E244825. The DSH property, RPR06N39E246001, is approximately 16.253 acres and may be subject to floodplain requirements. The Comprehensive Plan designates the DSH property as LDR1-MDR1. (action) Staff Report: Alan Parkinson – This property is located west of Highway 20 and north of Main Street. There are four properties with the Erickson property and one parcel with the DSH Living Trust that are requesting annexation. Staff has reviewed the request, but there are some items to note. Water can be serviced from N 12th W. A sewer lift station will be needed to service the majority of this property upon development. New development will 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 have access off of N 12th W. The Idaho Transportation Department (ITD) will be responsible for any access off of W Main Street or Highway 33. A Traffic Impact Study will have to be completed. Storm drainage will need to be handled on site. The request meets the requirements of the Development Code. Staff recommends the Commission recommend approval of this application to City Council. Commissioner Questions: None Chairperson Smith opened the public input portion of the hearing at 6:45PM. Favor: Bron Leatham – 2535 Littletown Dr – We put in the application for the Erickson pieces and rezone. He asked for any questions the Commissioners may have. (There were no questions.) Neutral: Rory Kunz – 897 W Poleline Rd – He said the property down on the corner was recently rezoned to Mixed Use. He asked if the developers know that when they develop, that they will have to have both residential and commercial. Opposed: None Written Correspondence: None Chairperson Smith asked if anyone else would like to speak. She closed the public input portion of the hearing at 6:47PM. Rebuttal: Alan said every applicant is informed when requesting Mixed Use, a minimum of 10% or 1,000 sq.ft., whichever is greater, of the secondary use. Mixed Use is no longer used to get a higher density without putting the other element; a mainly residential project will also need this minimum commercial and vice versa. Bron initially requested the annexation and the city visited with the rest of the neighbors to see if they would like to also participate. This is how DSH Living Trust was added to the request. There are a couple of properties that will become an island once this is approved with the propane company. The owner of these properties was contacted, but never responded. The DSH property of about 19 acres was located on the map. 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. 3 | Page Commissioner Discussion: Bruce asked if the DSH property was landlocked. Alan said no, N 12th W runs along the west edge of this property. Bruce asked what is located north of this property. Alan answered Seiperts’ trailer court. Vince said at this point as a city, we only annex upon request. He does not see any reason why we should not annex these properties. Eric asked if the adjoining properties are all annexed. Alan showed the city limit boundaries shown with a red line. The annexation of Rexburg West DIV2 was recently completed, but it is not showing on the map, yet. Three parcels (propane business) were identified as those that will not be annexed at this time. The people who own these properties did not return attempts to contact them. These parcels may turn into a forced annexation that can only occur once the parcels become an island within the city limits. Chairperson Smith asked if the access off of N 12th W would be the Firehole Rd on the north boundary of Rexburg West DIV1? Alan answered he is unsure; this is up to the developers. MOTION: Motion to recommend City Council approve the Annexation of Erickson 40 at approximately 1020 and 1040 W Main and DSH Living Trust at approximately 330 N 12th W., because it is already in between some city annexed properties to further develop that area as has been discussed, Action: Approve, Moved by Vince Haley, Seconded by Jim Lawrence. Commissioner Discussion on the Motion: None VOTE: Motion carried by unanimous roll call vote (summary: Yes = 9). Yes: Bruce Casper, David Pulsipher, Jim Lawrence, Randall Kempton, Chairperson Sally Smith (Chairperson), Todd Marx, Vince Haley (Vice Chair), Eric Erickson, Brad Wolfe. • Rezone Erickson 40 - RP06N39E244821, RP06N39E244803, and RP06N39E244825 at approximately 1020 & 1040 W Main from Community Business Center (CBC) to Mixed Use (MU). The Erickson 40 properties are approximately 41.55 acres fronting US Highway 20 to the east. These properties may be subject to floodplain requirements. The Comprehensive Plan designates these properties as Commercial/Mixed Use. (action) Staff Report: Alan Parkinson – This property is located west of Highway 20 and north of Main Street. There are four properties with the Erickson property that are requesting a rezone from Community Business Center (CBC) to Mixed ANNEXATION ISLAND 4 | Page Use (MU). Staff has reviewed the request; they feel the application follows the requirements of the Development Code. Development on this property will have to follow the same noted items as mentioned in the annexation. Staff recommends the Commission recommend this application request to City Council. Commissioner Questions: Vince asked if the applicants have been notified these parcels are possibly in the floodplain. Alan said the floodplain has been discussed with the Applicant. A floodplain engineer will have to come in and evaluate the land and tell them what they will need to do to work through those requirements. Vince asked about the stoplight the at N 12th W and Main. Is the stoplight at full capacity? Alan said he does not know the specific numbers, but the stoplight has not reached full capacity, yet. He knows there is a work meeting coming up for City Council in the next couple of weeks to discuss the Transportation Plan for the city, identifying the capacities. Vince asked if these developers would participate in any fees to support the light changes at this intersection. Alan said this is unknown until a Traffic Impact Study, upon development, is conducted. Any upgrades that are determined would then be part of their Development Agreement. He added a note, all those requesting annexation tonight have signed their Annexation Agreements; he missed this in his earlier Staff Report. Applicant Presentation: Bron Leatham – 2535 Littletown Dr – Addressing a couple of the questions and comments. He is familiar with the requirements of the Mixed-Use zone and the combination of residential and commercial. Ideally, he is thinking the back portion as multi-family, the frontage along Main Street as commercial. At this point, he does not know how it will be designed. In regard to the floodplain, the entire area is in the floodplain. Bron is working with Gerald Williams, who has been researching this property. Today, he submitted paperwork to Federal Emergency Management Agency (FEMA) to pull these parcels out of the floodplain based on an Army Corps of Engineers study completed in 2014. Justin Beard with the City of Rexburg and Bradley Petersen with Madison County have given their approval. The process will take about a year. All the land from the Erickson property west to N 12th W and from the Seiperts’ trailer park south to Main Street would be removed from the floodplain. We feel like this is a good location for multi-family units; they are in high demand and it is the only thing right now to get people into something affordable. Commissioner Discussion: Chairperson Smith said it is about time that something has come in on this property along Highway 20. Eric asked if DSH Living property is currently Mixed Use. Alan identified Transitional Agriculture (TAG) as their current zoning. Eric asked can the DSH parcel come back for zoning at a later date. Alan confirmed a request for a change of zoning on this parcel can come in any time to the Commissioners. MOTION: Motion to recommend City Council approve the Rezone of the Erickson 40 - RP06N39E244821, RP06N39E244803, and RP06N39E244825 at approximately 1020 & 1040 W Main from Community Business Center (CBC) to Mixed Use (MU), because it matches the Comprehensive Plan and this a good 5 | Page use of the land in this area, Action: Approve, Moved by Jim Lawrence, Seconded by Todd Marx. Commissioner Discussion on the Motion: None VOTE: Motion carried by unanimous roll call vote (summary: Yes = 9). Yes: Bruce Casper, David Pulsipher, Jim Lawrence, Randall Kempton, Chairperson Sally Smith (Chairperson), Todd Marx, Vince Haley (Vice Chair), Eric Erickson, Brad Wolfe. 9. February 16, 2022, Alan Parkinson presented the application to City Council for the 2nd Hearing. Public Hearing: 7:00 P.M. Annex into the City of Rexburg Property Located at Approximately 1022 and 1040 W Main St, Parcels MHMH03410, RP06N39E244821, RP06N39E246001, RP06N39E244825, and RP06N39E244803 and for all Locations to be Rezoned from Community Business Center (CBC) to Mixed Use (MU) Zone with the Exception of Parcel No RP006N39E246001 which shall remain as Transitional Agriculture (TAG) Zone #21-00973. Designated as Ordinance No 1276 if Motion Passes and Considered 1st Read – Alan Parkinson Planning and Zoning Administrator Parkinson reviewed a map of the property. The property owner is requesting the property be annexed into the city. The city approached the three property owners adjacent to this property to determine if they would annex into the city; however, they did not receive a response. Discussion regarding force annexation. Mayor Merrill asked if the trailer court property owner was approached to be a part of this annexation. Planning and Zoning Administrator Parkinson said the city did not approach the trailer court property owner at this time. 6 | Page Planning and Zoning Administrator Parkinson said the rezone request is for the Erickson property. Mayor Merrill opened the public hearing to hear testimony for the proposed annexation and rezone. Public Testimony in favor of the proposal (5-minute limit): Bron Leatham said he is one of the applicants of the proposed annexation and rezone specifically the Erickson property. 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 Flora asked for the maximum density allowed in the zone being requested. Planning and Zoning Administrator Parkinson replied the Mixed Use Zone allows thirty units per acre; however, the commercial element is required. Council Member Flora expressed her concerns with traffic when development is complete on these properties. Public Works Director Davidson said a traffic impact study will need to be completed before development occurs to determine the type of traffic flow improvements needing to be made. Council Member Chambers moved to approve Ordinance No 1276 to Annex into the City of Rexburg Property Located at Approximately 1022 and 1040 W Main St, Parcels MHMH03410, RP06N39E244821, RP06N39E246001, RP06N39E244825, and 7 | Page RP06N39E244803 and for all Locations to be Rezoned from Community Business Center (CBC) to Mixed Use (MU) Zone with the Exception of Parcel No RP006N39E246001 which shall remain as Transitional Agriculture (TAG) Zone and consider first read; Council Member Flora seconded the motion; Mayor Merrill asked for a vote: Those voting aye Those voting nay Council Member Flora 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 2nd Read by City Council. Second Reading: Those items which have been first read: Ordinance No 1276 Annex into the City of Rexburg Property Located at Approximately 1022 and 1040 W Main St, Parcels MHMH03410, RP06N39E244821, RP06N39E246001, RP06N39E244825, and RP06N39E244803 and for all Locations to be Rezoned from Community Business Center (CBC) to Mixed Use (MU) Zone with the Exception of Parcel No RP006N39E246001 which shall remain as Transitional Agriculture (TAG) Zone #21- 00973 – Alan Parkinson ORDINANCE NO. 1276 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. 8 | Page Council Member Johnson moved to approve Ordinance No 1276 to Annex into the City of Rexburg Property Located at Approximately 1022 and 1040 W Main St, Parcels MHMH03410, RP06N39E244821, RP06N39E246001, RP06N39E244825, and RP06N39E244803 and for all Locations to be Rezoned from Community Business Center (CBC) to Mixed Use (MU) Zone with the Exception of Parcel No RP006N39E246001 which shall remain as Transitional Agriculture (TAG) Zone 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 Council Member Johnson Council Member Chambers Council Member Erickson Council Member Walker Council President Busby The motion carried. 11. March 16, 2022, the application was 3rd Read by City Council. Third Reading: Those items which have been second read: Ordinance No 1276 Annex into the City of Rexburg Property Located at Approximately 1022 and 1040 W Main St, Parcels MHMH03410, RP06N39E244821, RP06N39E246001, RP06N39E244825, and RP06N39E244803 and for all Locations to be Rezoned from Community Business Center (CBC) to Mixed Use (MU) Zone with the Exception of Parcel No RP006N39E246001 which shall remain as Transitional Agriculture (TAG) Zone #21- 00973 – Alan Parkinson 9 | Page ORDINANCE NO. 1276 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 Chambers moved to approve Ordinance No 1276 to Annex into the City of Rexburg Property Located at Approximately 1022 and 1040 W Main St, Parcels MHMH03410, RP06N39E244821, RP06N39E246001, RP06N39E244825, and RP06N39E244803 and for all Locations to be Rezoned from Community Business Center (CBC) to Mixed Use (MU) Zone with the Exception of Parcel No RP006N39E246001 which shall remain as Transitional Agriculture (TAG) Zone and consider third read; Council Member Flora seconded the motion; Mayor Merrill asked for a vote: Those voting aye Those voting nay Council Member Flora Council Member Johnson Council Member Chambers Council Member Erickson Council Member Walker The motion carried.