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HomeMy WebLinkAboutRFD - 22-00019 - 1114 N Yellowstone Hwy - Rezone from CBC to MDR1 1 | Page #22 00019 Rezone from Community Business Center (CBC) to Medium-Density Residential 1 (MDR1) 1114 N Yellowstone Hwy. 1. January 7, 2022 An application was received for a Rezone from Community Business Center (CBC) to Medium-Density Residential 1(MDR1) from Brad Brown with Steward Land. Submittal documents were all received and fees were paid. 2. January 14, 2022, Staff Reviews were completed and a Staff Review Summary was sent to Brad Brown. 3. January 19, 2022, Notice was sent to the newspaper to be published on February 1st and February 8th, 2022. 4. January 26, 2022, Notice was mailed to all property owners within 350’. 5. February 9, 2022, Notice was posted on the property. 6. February 17, 2022, Alan Parkinson presented the application to the Planning & Zoning Commission. (22-00019) – 1114 N Yellowstone Hwy (Teton Vu) – Rezone from Community Business Center (CBC) to Medium- Density Residential 1 (MDR1). In 2006, this property was rezoned from Low-Density Residential 3 (LDR3 to Community Business Center. The property is 10.84 acres. Medium-Density zoned properties are located south and east of this property. Community Business Center and Light Industrial properties are to the north and west. (action) – Brad Brown (Zoom), Cody Mitchell (In- person) Staff Report: Kyle Baldwin – Staff looked at this request and found it is a good fit for the area. The request is from Community Business Center (CBC) to Medium- Density Residential 1 (MDR1), provided the Comprehensive Plan Map change is overruled. Medium-Density Residential 1 was located adjacent to the property to the west and south. Thomson Farms also has MDR1. Access will need to be worked out with the Idaho Transportation Department (ITD). The sewer capacity and water capacity. As Alan has stated there are plans to replace the sewer line in this area. Staff recommends the Commission recommend the City Council approve the application, provided the Comprehensive Plan change is also approved. 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 Attorney Rammell counseled that this board is a recommending board. The finality is not in the Planning & Zoning meeting, but will be at City Council. We must proceed to allow the applicant and citizens to speak. Applicant Presentation: Brad Brown – He was a little disappointed in the previous hearing, however, he recognizes the board is looking at what is best for the City. This is the Commissioners’ job and he appreciates it. Brad has read through the Comprehensive Plan and he feels he is adhering to it. The Plan talks about clusters of developments; the same type of development located together. The Grove apartments are similar to the south and the doors go well with Wal-mart and the commercial development to the west. He appreciates the need and desire to maintain the commercial. While there are certain characteristics that make a parcel good for commercial, there are also certain characteristics that make land good for residential. This is a prime spot for residential. There is a deficit of residential housing in town. Even if residential develops to the east, it will not have the same effect to the city. This is good planning for the city; there is a need for additional housing, and it will not change the fabric of what Rexburg is. Rexburg’s family community is growing. You have to help the City grow responsibly. He hopes the group will reconsider. Commissioner Questions: None Chairperson Smith opened the public input portion of the hearing at 7:33PM. Favor: Ray McDougal – 427 Stegelmeier – He is contradicting himself. Ray honestly though the Commission would approve the Comprehensive Plan map change. He does think the highway areas need to be preserved for commercial in the general region. We need both housing and commercial space. With the railroad across the street, on the other side of the road, he does not see N Yellowstone developing like N 2nd E. He does see this is more of a residential area. If the applicant is denied at City Council, he hopes the applicant would come back with an amended proposal to preserve the frontage for some small commercial and move forward with the majority of the parcel in residential. Colby Hatton – 156 W 4th S – He is in favor of being able to build out here as residential, providing more affordable housing for the community. While it is important to have commercial, he believes there is a great way the project could incorporate both. There will be challenges, but these challenges are entirely solvable. Rexburg needs to continue to provide housing as the city grows. He is excited to see the temple on the north side of Rexburg. Let us make Rexburg a more livable and walkable community. Neutral: None Opposed: Brett Jeppesen – 1013 N 9th E – He owns land to the east. He came in to previous meetings for housing along E 7th N. There is an overloading of people in the area. The dogs pollute the ground of the church. He agrees with what Reed stated. Listening to the Commission, he feels businesses need to go in there. Slow down on the housing. The area is overloaded on apartments, water, sewer, and the church system. Written Correspondence: 3 | Page Kendall & Yolanda Davenport 1174 N Yellowstone Hwy Rexburg, ID 83440 208-356-5036 Rexburg Planning & Zoning Commission Concern for rezoning of property at: 1114 N Yellowstone Hwy Rexburg, ID 83440 February 17, 2022 Dear Commission, We, Kendall and Yolanda Davenport, have property that runs adjacent to the property at 1114 N Yellowstone Hwy. We are located on the north side of that property. Our concern is for an existing ditch between our properties that we use to water our property with. We understand that the rezoning of that property will not affect the use or possible removal of the ditch. We wish to have the Commission and the owners of the property to be aware of preservation of the ditch. It is important to us that the ditch remain intact and in good useful condition. It must not be disturbed by any new development near it that would weaken it and cause it to break down and leak. As plans are made to develop the property we would like the owners to understand that it will be their responsibility to take care of and protect the bank of the ditch on their side to ensure that it doesn’t leak onto their property by putting in place a way to protect their property from flooding. Other properties along the N Yellowstone Hwy have created ways to protect their property from any flooding. Each year we work to maintain the ditch by burning along it and also cleaning up any branches that fall into it or around it. We require that we still have access to the ditch to do so. We appreciate your consideration and help with this, and any relevance it may have with the rezoning. Thank you, Kendall & Yolanda Davenport Owner of property 1114 N Yellowstone Hwy Rexburg, ID 83440 Rebuttal: Brad Brown said in response to the Davenports, we will work with them to make sure there are no adverse effects. In response to the need for commercial, and less housing. He was a commercial real-estate broker for a long time. Commercial is driven by rooftops. A lot of times, we wish it went the other way, but it does not. The amount of commercial in the city is based on the amount of people. He hopes they can help with filling the need for residential in Rexburg to drive the 4 | Page commercial. City Staff did not convey a need for more commercial. Brad is doing his best to follow the intent of the general plan for Rexburg to help the city grow as it should. Rexburg is a great place.; we would love to business here. He thanked the Commissioners. Chairperson Smith asked if anyone else would like to speak. She closed the public input portion of the hearing at 7:43PM. 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. Bruce Casper is a close friend of the person, who is trying to make this change. Commissioner Discussion: Randall said if the Comprehensive Plan change were to be changed to LDR1-MDR1, the contiguous residential does seem to fit the area. Vince asked contiguous to be defined. Randall said there are other MDR1 zoned parcels next to this parcel. Vince said on the north side it is not; the parcel also borders commercial. Randall clarified it is adjacent to other similar housing areas. Aaron said the use today is more of an appendage of commercial. It is cleaner to make the parcel MDR1. Vince says he understands Aaron’s argument, except that the N Yellowstone Highway is the center of activity in that area. The residential to the east is far from the Highway. Randall said this is the reason he argued for commercial in the previous hearing. Chairperson Smith asked Alan what the maximum build out density could be. Alan responded, a duplex would require a Conditional Use Permit, but apartments or 4-plexes could be built on MDR1 to the maximum density is 16 units per acre. Vince said there is a great example to the south in Thomson Farms. Alan clarified Thomson Farms has greater density because they have a Planned Unit Development (PUD). Vince does not feel the people impact for this density would make a big impact to this area. Chairperson Smith believes it could be a big impact with the traffic caused. Vince wants to preserve the commercial use. Aaron said if you think of the current use and the property tax generated on the land, vs. the proposed use, you are leaving $10-$20 million of assessed value on the table. Vince is not worried about this and Aaron is worried. Aaron asked, who is going to pay for the roads. Who is going to pay for the bigger sewer system? The assessed value is. You have to have enough rooftops to bring in a Target. Chairperson Smith joked she thinks we are about there. Randall wants to make a motion, but he does not know how to do the language, because the Comprehensive Plan designation has not changed on the property. Attorney Rammell said the motion cannot be contingent on the City Council’s overchange of the Commission’s decision. This change either needs to be approved or denied. He explained this hearing is more about laying a record of comment as an advisory board, so City Council can look at a full review from everyone. He respects Randall for being the first one to make an attempt; Randall is not in the wrong. 5 | Page MOTION: Motion to recommend to City Council the property be rezoned from Community Business Center (CBC) to Medium-Density Residential 1 (MDR1) for 1114 N Yellowstone Highway, because it fits with other residential housing in the neighborhood., Action: Approve, Moved by Randall Kempton, Seconded by Aaron Richards. Randall withdrew this motion. Commissioner Discussion on the Motion: Vince asked if he can make a recommendation to change a zone in a comprehensive plan designation that cannot be changed to fit that zone. Attorney Rammell is perplexed as well. Procedurally, it would follow that if you are opposed to the previous hearing for the Comprehensive Plan Map change, you would also be opposed to this request. The abstract is the only way this can be approved is if City Council reverses the previous decision. Vince restated, procedurally, can we vote to rezone a parcel that the Comprehensive Plan Map change designation does not allow? Attorney Rammell said the members of this board can vote in whichever manner they deem fits. Legally, there would be issues on the City Council level. Vince says we have to vote on what the Commission would do. A vote either needs to occur or the motion needs to be withdrawn. Randall Kempton said his personality thinks of all possible happenings. He withdrew his motion. First, he does not want to complicate things legally and second, he does believe this parcel needs to be preserved as commercial. On public record, he is trying to understand the process and ramifications. His vote has not been swayed. Randall is glad he did make the motion, so he could understand procedurally, the things that are happening. Attorney Rammell said procedurally, the hearing still needed to be held. It goes without saying that one cannot go without the other because they are one in the same request. Vince clarified the change in the Comprehensive Plan map enables the zone. A zone change does not enable a change in the Comprehensive Plan map. Attorney Rammell said we are laying the record for the City Council to look at. Legally, we are at an impasse. Motion: Motion to recommend City Council deny the rezone request from Community Business Center (CBC) to Medium-Density Residential 1 (MDR1) for 1114 N Yellowstone Highway, to further preserve this area for commercial use., Action: Deny, Moved by Vince Haley (Vice Chair), Seconded by Jim Lawrence. Attorney Rammell apologized to the Commission for the confusion. He understands Randall’s thinking. Commissioner Discussion on the Motion: None VOTE: Motion passed (summary: Yes = 5, No = 1, Abstain = 1). Yes: Jim Lawrence, Randall Kempton, Sally Smith (Chairperson), Todd Marx, Vince Haley (Vice Chair). No: Aaron Richards. Abstain: Bruce Casper. 6 | Page 7. March 2, 2022, Alan Parkinson presented the application to City Council. Planning and Zoning recommendation to deny a rezone at approximately 1114 N Yellowstone Hwy from Community Business Center (CBC) to Medium Density Residential 1 (MDR1) #22-00019. Designated as Ordinance No 1280 and Considered 1st Read if motion passes – Alan Parkinson Council Member Flora moved to remand the rezone at approximately 1114 N Yellowstone Hwy from Commercial Business Center (CBC) to Medium Density Residential 1 (MDR1) to the Planning and Zoning Commission for a second public hearing and deliberation; Council Member Walker 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. 8. April 7, 2022, Alan Parkinson presented the application a second time to the Planning & Zoning Commission for reconsideration. (22-00019) – 1114 N Yellowstone Hwy (Teton Vu) – Rezone from Community Business Center (CBC) to Medium-Density Residential 1 (MDR1). (19:54) In 2006, this property was rezoned from Low-Density Residential 3 (LDR3 to Community Business Center. Medium-Density Residential 1 (MDR1) zoned properties are located south and east of this property. Community Business Center (CBC) is adjacent to the north and south and Light Industrial (LI) properties are to the west. The property is 10.84 acres. This agenda item was returned by City Council March 2, 2022. – Brad Brown, Matt Bird (action) Applicant Presentation: Brad Brown – 719 W 4350 S, Riverdale UT - In consideration of everyone’s time, his previous comments will suffice. Commissioner Questions: None Staff Report: Alan Parkinson – Staff has reviewed the application. Staff recommends the application to the Commission to recommend to City Council for approval. Commissioner Questions: None Chairperson Smith opened the public input portion of the hearing at 6:55PM. Favor: None Neutral: None 7 | Page 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 6:56PM. 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: None. MOTION: Motion to recommend the City Council to approve the (22-00019) Rezone from Community Business Center (CBC) to Medium-Density Residential 1 (MDR1) for 1114 N Yellowstone Hwy, so the property can develop as multi-family, increase its values on the tax rolls, and participate in the build-out of the community. Action: Approve, Moved by Aaron Richards, Seconded by Todd Marx. Commissioner Discussion on the Motion: None VOTE: Motion carried by unanimous roll call vote (summary: Yes = 7, No = 0). Yes: Aaron Richards, Bruce Casper, David Pulsipher, Eric Erickson, Sally Smith (Chairperson), Todd Marx, Vince Haley (Vice Chair). 9. April 20, 2022, Alan Parkinson presented the application to City Council. Planning and Zoning recommendation to approve a rezone at approximately 1114 N Yellowstone Hwy from Community Business Center (CBC) to Medium Density Residential 1 (MDR1) #22-00019. Designated as Ordinance No 1280 if motion passes. Staff recommendation to suspend the rules and considered 3rd Read – Alan Parkinson Council Member Johnson moved to suspend the rules for Ordinance No. 1280 a Rezone at approximately 1114 N Yellowstone Hwy from Community Business Center (CBC) to Medium Density Residential 1; Council Member Chambers seconded the motion; Mayor Merrill asked for a roll call 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. 8 | Page Council President Busby moved to approve Ordinance No. 1280 a Rezone at approximately 1114 N Yellowstone Hwy from Community Business Center (CBC) to Medium Density Residential 1 and consider third 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.