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HomeMy WebLinkAboutRFD - 22-00033 - Teton Vu - 1114 N Yellowstone - Comp Plan Map change to LDR1-MDR1 1 | Page #22 00033 Comprehensive Plan Map Change from Commercial/Mixed Use To LDR1-MDR1 1114 N Yellowstone Hwy. 1. January 18, 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 118, 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. (22-00033) 1114 N Yellowstone Hwy (Teton Vu) – Comprehensive Plan Map change from Commercial/Mixed Use to LDR1-MDR1. (action) – Brad Brown (Zoom), Cody Mitchell (In-person) Applicant Presentation: Cody Mitchell – We are applying for the Comprehensive Plan Map change at 1114 N Yellowstone Hwy from Commercial/Mixed Use to LDR1-MDR1. Brad Brown (Zoom) with Steward Land – 719 W 4350 S, Riverdale, Utah - We have been talking for a while with Staff about this property and its conjunction with the goals and objectives of the Comprehensive Plan. During initial discussions, we though the Comprehensive Plan map showed the parcel already in the LDR1-MDR1 Comprehensive Plan designation. Staff seemed to feel this is a good fit for this parcel. He would be happy to answer any questions the Commission has. Commissioner Questions: None Staff Report: Kyle Baldwin – Staff has looked at this request and we feel it is in line with what would go well in this area. The parcel is contiguous with LDR1- 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 MDR1 designated parcels to the east and south. North of the parcel is Commercial/Mixed Use designated, and Industrial to the west. Public Works said there may need to be a Traffic Impact Study needed. There are small concerns about sewer in this area. Actions are being put in place to rectify the sewer capacity. Commissioner Questions: Chairperson Smith asked for the parcel’s history. Kyle answered, in 2006, Tom Goe changed the zone from Low-Density Residential 3 (LDR3) to Community Business Center (CBC). Chairperson Smith clarified the highest zone that could be requested for in the requested designation is MDR1. Chairperson Smith opened the public input portion of the hearing at 7:05PM. Favor: None Neutral: Ray McDougall – 427 Stegelmeier Ln – He owns the properties to the east and south of the application request. The highway frontage is being lost for businesses; we should try to preserve land along our highways for commercial. Thomson Farms, a development to the south, has preserved an area along the highway for commercial. He can see them rezoning their commercial area too. Opposed: Reed Richman – 546 Chad Dr – He has operated R&S Automotive for forty-two years. He is opposed because he feels the city is already overwhelmed with their sewer and water. It is well known the sewer system cannot handle what we have already online, due to the smell, especially in the summer time. Not only that, the City cannot sustain the water due to water rights; the City does not have enough water rights. The City already has to pump out of the Teton River. We need to back up and get the infrastructure in place. The traffic going north at the 5-stop light maze causes traffic back-ups through the next stoplight. Enough is enough. Written Correspondence: None Rebuttal: Brad Brown - Mr. Richman’s concerns are valid. Brad believes the City has a very capable Staff. He will work through those issues concerning the infrastructure and the Traffic Impact Study. He wants to work with the community and make sure this a positive development. Chairperson Smith asked if anyone else would like to speak. She closed the public input portion of the hearing at 7:10PM. 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 Kempton says this is one of the examples of a Comprehensive Plan change proposal on the border between two comprehensive plan areas. He believes it makes sense there be discussion on whether this change makes sense for this area. Randall is nervous about removing all of the commercial areas in our comprehensive plan along the highway. He realizes this parcel is adjacent to other housing areas. Where will commercial go? Vince said looking at the past, 3 | Page this corridor has changed dramatically towards the residential. He is assuming this area was designed to be an industrial area that would probably not fit anywhere else in our city. His concern is also removing the commercial potential here. At some point, we need to realize we are giving away our commercial designated properties. Commercial and Industrial uses have been filling in at the Rexburg Business Park, yet there is residential developing to the south. This parcel is right on the border. Randall said we are trying to drive some commercial to the downtown; this is what our form-based code is about. Is our commercial area really shrinking? Is so much business going online, that commercial-zoned properties are not as needed? Vince said a lot of commercial is going in off of 2nd E within a couple hundred yards of this property. Chairperson Smith asked about a requirement for commercial along the frontage for so many feet. Alan said there was talk about N 2nd E for three hundred (300’) feet on each side of the commercial corridor, but not on the Yellowstone Highway, that he remembers. Eventually, there will be a cap of this road and Thomson Farms Rd. will connect to N 2nd E. The cul-de-sac will be located down by United Plumbing, but will depend on the State. Most of our commercial inquiries are happening on N 2nd E and the south side of town along our main corridors. Thomson Farms was approved as a Planned Unit Development (PUD). For them to modify their commercial, they would need to come before the Commissioners to ask for that change. Chairperson Smith is a realtor; she understands the need for more housing. Alan said our overall sewer capacity is adequate, but the sewer line in this area needs to be replaced; a new sewer line will be put in next year (2023). Chairperson Smith said the traffic in this area is always in question. Aaron said he likes the idea of putting the burden on the state for the road. By converting this property to a residential, he does not think we are taking anything away. Let the medium-density line up contiguously along this road and have the state widen the road as needed. Chairperson Smith said the Traffic Studies are being conducted, but she wonders what it will really take before changes are made. Aaron said it will be painful for a while; growth is always painful. He said housing in this area makes sense; it is contiguous with other housing. Alan said a Traffic Impact Study looks at the impact down the road onto N 2nd E with traffic signals, etc. The developer will share in the costs of any required upgrades to roads, lights, etc., to keep the roads safe. Staff is in the middle of a Transportation Study of the whole city. The Transportation Study will be the focus of a work meeting March 2nd. Vince said he is going to leave the sewer capacity up to Staff. He located Porter’s Storage, the Thomson Farms Rd., Madison Armory’s new building, Wal-Mart to the north, the car wash. There is so much potential for a commercial use in this area with all this other development. Residential is good at this location too. He is looking at good vs. best. He feels commercial is the better option, because there is a lot of residential already in this area. Jim said we also have active rail across the street. Vince identified the Artco Business Park, Wendy’s, and Beehive Credit Union. Todd is looking at a lot of undeveloped LDR1-MDR1 land east of this property. Vince said we also hear there are a lot of apartments, but all the apartments are full. There is no bad decision here. 4 | Page MOTION: Motion to recommend City Council to deny the Comprehensive Plan Map change from Commercial/Mixed Use to LDR1-MDR1 for 1114 N Yellowstone Hwy (Teton Vu) to preserve the commercial use in the area, Action: Deny, Moved by Vince Haley (Vice Chair), Seconded by Todd Marx. 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. 7. March 2, 2022, Alan Parkinson presented the application to City Council. Planning and Zoning recommendation to deny a Comprehensive Plan Map amendment at 1114 N Yellowstone Hwy from Commercial/Mixed Use to LDR1-MDR1 #22-00033. Designated as Resolution 2022 – 06 if motion passes – Alan Parkinson City Attorney Zollinger explained because the Planning and Zoning Commission recommended the denial of this Comprehensive Plan Map amendment and rezone. This is before City Council as an appeal because the applicant felt a mistake was made by the Planning and Zoning Commission so the applicant will be given an opportunity to address only the reasons he believes this is a mistake. He had been instructed not to introduce new facts which would then trigger a new public hearing. The two representatives of the property owner are present. Mayor Merrill asked the applicant to present his appeal. Brad Brown with Stewart Land Company said the reason for the rezone request is due to the need of housing. The reason he believes the Planning and Zoning Commission denied their request was because the commission desired to conserve it as a business commercial zone. The reason he doesn’t believe the Planning and Zoning Commission is accurate in their decision is because there is a lot of land designated in the general plan for commercial. There has been previous discussion on whether the North Yellowstone Highway would be a commercial corridor or would 2nd North be the commercial corridor. He said with Wal-Mart being on 2nd East, 2nd East has become the commercial corridor. He was a commercial real estate broker for many years and if he were to develop a commercial business, the first place he would look for property is on 2nd East. Brad Brown said housing is needed to have commercial developments. The housing market is the driver of commercial development. There is about 500 acres of land surrounding this property. He believes the LDR1-MDR1 is the best fit for the area. Council Member Flora asked if City Council decides to not deny the Comprehensive Plan Map amendment and the rezone, will another public hearing be needed. City Attorney Zollinger replied, the amendment and rezone would go back to the Planning and Zoning for further deliberation. The state statute requires that Planning and Zoning be given the opportunity to address the City Council’s deviation from their recommendation. City Attorney Zollinger said making a motion to send this back to the Planning and Zoning Commission is not the same as overruling to approve the applicant’s appeal. If City Council were to 5 | Page grant the applicants appeal to change the Comprehensive Plan Map as requested, it would be a sufficient deviation from the Planning and Zoning’s recommendation that it would go back to them for a second deliberation based on state statute. Council Member Flora said she would prefer the request to go back to Planning and Zoning for a second public hearing. Council Member Flora moved to remand Resolution 2022 – 06 a Comprehensive Plan Map amendment at 1114 N Yellowstone Hwy from Commercial/Mixed Use to LDR1- 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. Planning and Zoning Administrator Parkinson explained one of the items that continues to be discussed is the lack of sewer, water, and traffic. He said the Public Works Department reviews and makes recommendations regarding land use actions to ensure city services are adequate to support the allowed development. There has been little commercial development along this corridor for quite some time. The property is not being maximized to its capacity. There is a MDR1 Zone to the south, MDR Zone to the east and contiguous to the same zone. The Thompson Farms development has a commercial element since the year 2008 and they are struggling to fill the commercial area. Council Member Chambers wondered if the Commercial Zone extended along the North and South Yellowstone Highway and should the zone change include the other properties along the North Yellowstone Hwy in the Comprehensive Plan Map. Planning and Zoning Administrator Parkinson said a Comprehensive Plan Map review is scheduled for this summer and a zone change can be determined at that time. Council Member Erickson said he would prefer to have a traffic study be completed before making a change to the Comprehensive Plan Map. Mayor Merrill said he understands the traffic study is completed during the development agreement. City Attorney Zollinger said the city maintains a traffic count of the entire city. City staff determines if the infrastructure can sustain it; however, a traffic study needs to be completed. The traffic study is not always completed because of capacity alone it is sometimes to determine the effect on traffic management elements. The Public Works Director will inform City Council of when a city street reaches critical status to determine the type of traffic management elements needed such as a traffic light, traffic signal or stop sign. Other traffic management elements are deceleration lanes, acceleration lanes and turn lanes. 6 | Page Planning and Zoning Administrator Parkinson mentioned when a state highway is included in a traffic study an Idaho Transportation Department representative attends the development agreement meetings and they determine the traffic management elements. Discussion regarding traffic study training for the Planning and Zoning Commissioners. City Attorney Zollinger said the purpose of the training will be for the Planning and Zoning Commission to make land use decisions and not so much based on infrastructure. Planning and Zoning Administrator Parkinson mentioned the Planning and Zoning Commissioners are new with only having about three years of experience. The training will be beneficial. Council Member Flora said the property owners have the right to request a reasonable zone change. In her opinion this is a reasonable request where there is high density and medium density next to this property. 8. April 7, 2022, Alan Parkinson presented the application a second time to the Planning & Zoning Commission for reconsideration. (22-00033) 1114 N Yellowstone Hwy (Teton Vu) – Comprehensive Plan Map change from Commercial/Mixed Use to LDR1-MDR1. Adjacent designations: Industrial is to the west, Commercial/Mixed Use to the north, and LDR1-MDR1 to the east and south with Commercial/Mixed Use. 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 – He is here for the Comprehensive Plan Map adjustment. We have been told there is a great need for housing in the city. In this area, it looked like N 2nd E and N Yellowstone Hwy could be commercial corridors. The Comprehensive Plan map shows potential for this occurrence. Over the years it has become apparent, especially with the building of Walmart, the commercial corridor will be N 2nd E. Brad has been a commercial real estate broker for many years. In order to attract commercial units, you need traffic counts and other drivers, including other commercial uses and an anchor tenant like Walmart. You have all those components on N 2nd E. If you zoom out, you see a lot of commercial designation along N 2nd E. Initially, when he talked to Staff, everyone assumed the property was already LDR1-MDR1. It was later, the group realized a change needed to be made. He went through and added up acreage on the Comprehensive Plan map for potential commercial and he came up with 514 acres of undeveloped land. One of the goals of the Comprehensive Plan text is clustered neighborhood development; this means having similar types of housing near each other. What we are doing fits will fits with the Comprehensive Plan and the Rezone to MDR1. The rooftops can drive the commercial. He has paid attention to the concerns of the community and Staff. Besides giving up the business corridor, traffic concerns came up. The traffic concerns are being addressed. Utilities came up, but Staff has addressed these issues. Overall, we are confident this is a step in the right direction, a step toward deliberate and responsible growth. We hope this will be a benefit to the community and Rexburg as a whole. Commissioner Questions: None Staff Report: Alan Parkinson – Staff has reviewed this application and the Commissioners reviewed it before. The Applicant may be required to conduct a Traffic Impact Study. The Applicant will need work with ITD on ingress/egress as this is State Highway 33. The 7 | Page current sewer line is reaching capacity, but the line is also scheduled to be replaced and upgraded within the next couple of years. However, there is enough capacity to service this project at this time. Staff is recommending this application to the Commission for recommendation to City Council. Commissioner Questions: Chairperson Smith confirmed the other developments in the area, which are not completely built out, are also included in the capacity calculations. Alan confirmed the approved developments in the area have been taken into consideration. Eric asked if there is a way to restrict the development, or slow down development if the sewer needs are not adequate. Alan said right now Keith is making his judgements on the current capacity of the line, not the new capacity. Chairperson Smith opened the public input portion of the hearing at 6:48PM. (16:58) 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 7:49PM. 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: Aaron says obviously, this is the second time for the Commissioners to see the application. I like that the Applicant did research and pointed out there are several hundred acres of inactive commercial in the city. He likes the idea of putting multi-family on a state road and not burdening the city’s tax resources. The obligation to eventually widen the road will be the state’s responsibility. He feels like it makes sense; this is a good location for the request. Aaron likes how the request matches the adjacent land uses also. Todd also agrees with the change. David was not in attendance the first time the application came through, but in reading the Planning & Zoning minutes and the City Council minutes, and looking at the request in depth, the residential request seems to fit the area. He referred to the plans previously discussed about a potential cul-de-sac on N Yellowstone Hwy to make the intersection with the railroad safer. David is in favor. Vince reviewed his part of the previous discussion; he focused on reserving some commercial land. We can anticipate growth on the north side of town. He still thinks the Commission needs to be considerate of commercial uses going forward. Due to the Commissioners’ training, his specific vote has changed. There really are no reasons to vote against the application. N 2nd E will get really expensive, really fast, and outprice a lot of people interested in commercial property. This secondary corridor could be used for future commercial would enable some manufacturing or mechanical uses. Vince will vote in favor. Chairperson Smith said the additional information that has come forward and more training about the items Staff is taking care of has eased her mind. 8 | Page MOTION: Motion to recommend the City Council approve the (22-00033) Comprehensive Plan Map change from Commercial/Mixed Use to LDR1-MDR1 for 1114 N Yellowstone Hwy, because due to the fact that it is contiguous with other LDR1-MDR1 properties, and we do not feel the change will detract from other commercial uses. Action: Approve, Moved by Eric Erickson Seconded by Bruce Casper. 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 for final approval. Planning and Zoning recommendation to approve a Comprehensive Plan Map amendment at 1114 N Yellowstone Hwy from Commercial/Mixed Use to LDR1-MDR1 #22-00033. Designated as Resolution 2022 – 08 if motion passes – Alan Parkinson RESOLUTION FOR AMENDING REXBURG COMPREHENSIVE PLAN MAP Resolution No. 2022 - 08 WHEREAS, on the 20th day of April 2022, the City Council for the City of Rexburg was duly convened upon notice properly given and a quorum was duly noted; and WHEREAS, in a Rexburg Planning and Zoning Commission meeting on the 7th day of April 2022, the Planning and Zoning Commission held a public hearing, taking public comment for and against the proposal to amend the Comprehensive Plan Map. The public hearing ended with an unanimous vote to recommend the proposed Comprehensive Plan Map change to City Council; and WHEREAS, in a subsequent City Council meeting on the 20th day of April 2022, the City Council reviewed the findings from the Planning and Zoning Commission’s Public Hearing held on the 7th day of April 2022; and WHEREAS, a comprehensive plan is a living document; an ongoing planning participation effort by the citizens of the community is encouraged to ensure changing conditions meet the needs of the community; and WHEREAS, proposed changes to comprehensive plan map can change land use designations; and WHEREAS, the following approved Land Use designation changes to the Comprehensive Plan Map from Commercial/Mixed Use to LDR1 - MDR1 at approximately 1114 N Yellowstone Hwy (22-00033) in the City of Rexburg, Madison County, Idaho and more particularly described as follows: Comprehensive Plan Map Amendment Legal Description: A PARCEL OF LAND LOCATED IN SECTION 17, TOWNSHIP 6 NORTH, RANGE 40 EAST, BOISE MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT BEING N 89°46'13" E 1351.69 FEET AND NORTH 147.32 FEET FROM THE WEST QUARTER CORNER OF SAID SECTION 17 AND RUNNING THENCE N 30°08'20" E 782.94 FEET; THENCE N 89°34'19" E 501.00 FEET; THENCE S 00°28'34" E 674.14 FEET; THENCE S 89°34'19" W 899.73 FEET TO THE POINT OF BEGINNING. CONTAINING 472,142 SQUARE FEET OR 10.839 ACRES MORE OR LESS. WHEREAS, the changes shown on the Comprehensive Plan Map dated April 20, 2022 have been approved by the City Council; 9 | Page NOW THEREFORE, by resolution duly adopted on the date first above written, be it resolved by the Mayor and the City Council the following: The City of Rexburg does hereby accept and adopt the said Comprehensive Plan Map Land Use Designations in the City of Rexburg Comprehensive Plan. RESOLVED this 20th day of April 2022; by the City Council, City of Rexburg, Idaho. ________________________________ SIGNED BY: Jerry Merrill, Mayor ATTEST: I hereby attest that the above is a true copy of a Resolution passed at a regular meeting of the Rexburg City Council, City of Rexburg, held on April __, 2022. (Seal) ________________________________ Deborah Lovejoy, City Clerk ATTACHMENT MAP: AMENDED COMPREHENSIVE PLAN MAP 04-20-2022 Planning and Zoning Administrator Parkinson explained the Comprehensive Plan Map amendment at 1114 N Yellowstone Hwy from Commercial/Mixed Use to LDR1-MDR1. This request was recommended to be denied by the Planning and Zoning Commission; however, City Council decided to remand the request and requested further deliberation. Council Member Erickson asked about the sewer service line and if the line in this area is almost to capacity. Planning and Zoning Administrator said the city will be replacing this sewer line to increase capacity because the line also serves Sugar City and the City of Teton. Council Member Erickson asked about the expense to increase the capacity of the sewer line. Public Works Director Davidson explained as development occurs there are impact fees assessed to that development. The funds collected from the impact fees are placed in a fund that would allow the city to spend that money on increasing capacity. Discussion regarding the capacity of the city’s Wastewater Treatment Plant. Mayor Merrill said since sewer from Sugar City and the City of Teton is processed at the treatment plant all three entities would work together to fund the increased capacity to the sewer line as well as grant funds. 10 | Page Council Member Erickson said he would prefer traffic studies be completed before development occurs not after it occurs. Public Works Director Davidson said when a traffic impact study is completed for an individual development it determines the type of impact the development is going to have at intersection surrounding the development. He said depending on the size of the development the peak hour traffic will determine the type of traffic impact the development will have at surrounding intersections. Council Member Flora moved to approve Resolution 2022 – 08 Comprehensive Plan Map amendment at 1114 N Yellowstone Hwy from Commercial/Mixed Use to LDR1-MDR1; Council Member Walker 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.