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HomeMy WebLinkAboutRFD - 22-00092 - 302 W 3rd N - Rezone from LDR2 to MDR2 1 | P a g e #22 00092 Rezone from Low-Density Residential 2 (LDR2) to Medium-Density Residential 2 (MDR2) 302 W 3rd N 1. January 1, 2022, an application was started for a Rezone from Low-Density Residential 2 (LDR2) to Medium-Density Residential 2(MDR2) from Jordan Hepworth. 2. February 14, 2022, The application was received by the city. Additional documents were needed and payment of fees. 3. March 14, 2022, Emailed list of application submittal documents to Jordan and Cy Hepworth and sent Fee Summary. 4. March 28, 2022, A lot combination had been recorded with Madison County, but did not go through the city’s process. Applicant needs to submit a Lot Line Adjustment application and receive approval prior to rezoning. Cy came in and we filled out the application together. He paid the fees for this permit. 5. April 6, 2022, Fees were paid for the rezone application. 6. April 14, 2022, the Lot Line Adjustment was approved. 7. April 15, 2022, Staff reviews were completed. 8. April 20, 2022, Notice was sent to the newspaper to be published on May 3rd and November May 10th, 2022. 9. April 22, 2022, Notice was mailed to all property owners within 350’. 10. May 11, 2022, Notice was posted on the property. 11. May 19, 2022, Kyle Baldwin presented the application to the Planning & Zoning Commission. (22-00092) - 302 & 260 W 3rd N - Rezone from Low-Density Residential 2 (LDR2) to Medium- Density Residential 2 (MDR2). A Lot Line Adjustment was recently approved to combine lots south of the canal into a single piece and those north of the canal into a second piece. This separates the 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 parcels to match the zoning boundaries. The applicant's parcel is surrounded to the east, south, and west by LDR2 and Heavy Industrial to the north. The property is 1.37 acres. - Cy Hepworth (action) (18:02) Applicant Presentation: Cy Hepworth – 295 N 2100 E – He has inherited this property as a family piece of business. He grew up in this neighborhood. His family’s business, a retread business in the Heavy Industrial zone north of the canal buffers up to Walters Ready Mix. The family has not loved owning this property due to its condition. The parcel was four different lots that crossed the canal. Recently, the property to the south has been cleaned up and combined into a single lot and the business to the north has been combined into its own lot. To the east, used to be the sawdust field, then turned into the gravel pit. It has been good to see what Depatco has done with the road; it used to be a dirt road. He wants to make this property a beautiful piece of property that is a step down from the industrial to single-family housing. Cy is proposing rezoning this property to MDR2, just like Depatco rezoned to MDR2 to the east about five (5) years ago. There is a manufactured home community to the south. He has some uncles that lives in the neighborhood still. Commissioner Questions: None Staff Report: Kyle Baldwin – The parcel is currently zoned Low-Density Residential 2 (LDR2), and the request is to rezone to Medium-Density Residential 2 (MDR2). Local MDR2 zones in the area were identified at 300 N 2nd W, the QuickSilver subdivision at 224 N 3rd W, and 215-225 N 3rd W. The homes at 264 N 3rd W and 264 N 3rd W are duplexes. Kyle confirmed the zoning for the requested parcel has been the same for a long time, but recently the parcel lines were adjusted. MDR2 has a maximum density of twenty (20) units per acre. Staff recommends the application to the Commission to the City Council for approval. He read the purpose and objective of the MDR2 zone in the Development Code which says, “the Medium-Density Residential 2 (MDR2) zone is established to act as a buffer between single-family dwellings and non-single-family zones. Restoration or rehabilitation of older homes in this district shall be encouraged.” Commissioner Questions: Chairperson Smith clarified the parcel is surrounded by Low- Density Residential 2 (LDR2). For this parcel of 1.37 acres, a density for MDR2 at twenty (20) units per acre would compute to be twenty-seven (27) units maximum that could be built on the property if they can make the parking work. Chairperson Smith opened the public input portion of the hearing at 6:55PM. Favor: None Neutral: None Opposed: Paul Jamison – 240 W 3rd N – He is one of the three homes surrounded by this piece of property. His property is bounded to the west and the north of the property. He comes with heavy heart. Paul loves the Hepworth family. Six to eight months ago, he found out the two trailers on the property were going to be sold and moved off the property. Paul bought his home in spring of 2019. The applicant’s property has become unsightly with overgrown lawns and cars that did not run. He was excited to learn of this change and understood some spec houses would be built. About a month ago, he learned the plans had changed to a request for MDR2. Paul looked up the requirements for the MDR2 zone, learned the 3 | P a g e density, looked on Google Earth and found Mountain Shores Apartments, spun the building ninety degrees to determine if it would fit on the property. Mountain Shores would probably fit with some parking issues. He wondered about Planning & Zoning holding fast to the setback rules. Paul knows of another property owned by Cy that goes right up to the sidewalk. (The property he is referring to is located at 109 N 1st E in a Mixed-Use zone, which allows a smaller front yard setback.) Paul put his house on the market, because he did not want to live next to apartments. He has lived in apartments or next to apartments all his life. He was not going to come today, but he wanted to read a text from his real estate agent. A lady came by on Monday and spent an hour looking at his home. She came back on Wednesday for a second look and spent another forty-five (45) minutes. We thought she was going to make an offer. The message read,“It sounds like the person interested is not going to make an offer. They loved the house but are worried about the potential development that will be happening adjacent to home.” Paul wants the Hepworths to get the most value out of their land. He is concerned that there is impact to his property. We are short on housing, but we are also short on starter homes that young people can afford. He would support some townhouses or twin homes or duplexes that can be owner- occupied. He is opposed to a twenty-seven (27) unit apartment building. This is why he made the decision to move. Heather Jamison – 240 W 3rd N – She agrees with the comments made by her husband. The two love their house. She does not love what is happening next door. Several neighbors have lived in the neighborhood for twenty, thirty, forty years. This change will change the dynamic of their neighborhood. Other neighbors did not want to attend to create fireworks between neighbors. More residences mean increased traffic on already busy roads. She is frustrated because she moved into this neighborhood under the context of the LDR2 zoning. We are not happy with a building that will tower over us, block our solar panels, and will not benefit them in any way. She is opposed. It has been a really hard decision to put their home on the market. The two would like to advocate for their neighborhood. Written Correspondence: None Rebuttal: Cy – One thing he failed to mention about this area, is that the Comprehensive Plan says that we buffer industrial zones with higher density. The road already has busy traffic, because the truck traffic accesses Walters through the neighborhood; traffic has always been an issue. Most people use this route to get to the skate park. Getting rid of the trailers on this parcel would increase the livability in the neighborhood. Chairperson Smith asked Staff to identify the requirements in the LDR2 zone. Kyle said the LDR2 zone allows eight (8) units per acre. The buildings would be duplexes or twin homes. Commissioners asked about the Comprehensive Plan designation for the area. Kyle answered the designation for the area is MDR1-HDR2. The area designation was shown on the overhead map. Brad asked about the building height requirement and setbacks adjacent to Low-Density Residential. The code provides that the solar panels will not be blocked due to the increased setback and reduced building heights. Alan said the reduced setback referred to by Paul Jameson is in a Mixed-Use zone. Vince said Medium-Density Residential 2 (MDR2) has a reduction of building height when a Low-Density Residential zone is adjacent to another zoning, the building height is limited to thirty (30’) feet (4.07.100.B.). Kyle showed the designation of the Comprehensive Plan in this area. The majority of the 4 | P a g e area is designated as MDR1-HDR2. He failed to mention all of the infrastructure is adequate. The stormwater will be handled on site. Vince clarified the building height allowed in LDR2 is thirty (30’) feet and the building height allowed in MDR2 is also thirty (30’) feet due to the proximity of the LDR zoning. The front and rear yard setbacks do not change, but the side yard setback changes from five (5’) feet in LDR2 to the greater of six (6’) feet or six (6”) inches per one (1’) foot of building height in MDR2 (4.07.080.C). Brad clarified the change will be in types of units verses height in structure. Heather asked if there is a canal setback in the rear of the property. Kyle said the developer will have to work with the canal company. There is usually a twenty (20’) feet setback along the canal. Alan said he has never seen the irrigation company wave the setback. Vince reminded the Commissioners Mr. Muir, who attended a meeting a little while ago, said the canal company does not care what is planted along the canal, the canal company will bring in their equipment to maintain the canal. Cy said they recently cut down some trees that were along the canal. Chairperson Smith asked if anyone else would like to speak. She closed the public input portion of the hearing at 7:11PM. 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 asked the zoning be shown in the area and informed the Commission historically, the fairgrounds are noted as Public Facilities. The MDR2 zone in the middle of the block changed about two years ago and was approved by the Commission as the QuickSilver subdivision. The area could use some improvement. MDR2 is also to the east. He understands the concerns of the residents, especially when trying to sell their home. With the industrial to the north and west, this request makes sense. Eric concurs; the concerns are the increased density that might affect the value or desirability of the property. Any kind of new construction, in his opinion, will improve the overall look and appeal of the neighborhood. On the south side of 3rd N, the owners have made some updates to homes over the last five (5) years. The Jamison home and the neighboring homes are beautiful homes. He feels this will continue to improve the area. Twenty-seven (27) units will be difficult to place on this property with the setbacks and parking requirements. Vince agrees. Cy may take your challenge and make the density work. Jim feels for the neighbors, but he also sees the heavy industrial zone without any real buffer between it and the low- density residential. This request makes a lot of sense. Left at Low-Density Residential 2 (LDR2), it may be difficult to get someone to build a new home next to the heavy industrial. He feels this is a good fit. Todd says it is hard as Rexburg grows. With the limited space and constraints on construction, he believes it will be a positive addition to the neighborhood instead of a detractor. Chairperson Smith said this designation was placed as a buffer on the Comprehensive Plan from the Industrial with a higher density. McKay said recently, he has been hearing Walters is getting down to the end of their gravel pit and he wonders what will come in in its place. The heavy industrial allows a lot of possible uses that could move in. A nice buffer makes sense. Vanessa agrees with the buffer; this will be important as the 5 | P a g e community moves forward. This change has potential to improve the curb appeal of the neighborhood. MOTION: Motion to recommend the City Council approve (22-00092) the Rezone from Low-Density Residential 2 (LDR2) to Medium-Density Residential 2 (MDR2) at 302 & 260 W 3rd N, because it matches the Comprehensive Plan, it creates a good buffer between the LDR2 and the Industrial zone, and it will improve the neighborhood in the area. Action: Approve, Moved by Jim Lawrence, Seconded by Vanessa Johnson. Commissioner Discussion on the Motion: None VOTE: Motion carried. (Summary: Yes = 8, No = 1). Yes: Vince Haley (Vice Chair), Todd Marx, Sally Smith (Chairperson), Jim Lawrence, Eric Erickson, Brad Wolfe, McKay Francis, Vanessa Johnson. No: Bruce Casper 12. June 1, 2022, Kyle Baldwin presented the application to City Council. Planning & Zoning recommendation to approve a rezone at approximately 302 W 3rd N from Low Density Residential 2 (LDR2) to Medium Density Residential 2 (MDR2) zone #22-00092. Designated as Ordinance No 1283 if motion passes – Alan Parkinson Planning and Zoning Planner Baldwin rreviewed a map of the property. The north boundary of the property is a canal. The lot lines were reconfigured to align with the canal. To the north of the property, there is Heavy Industrial and Low Density Residential Zones to the south of the property. There is Medium Density Residential to the East of the property. Council Member Erickson asked about a barrier along the canal to keep children away from the canal. Planning and Zoning Planner Baldwin said the developer will need to honor the ditch easement. City Attorney Zollinger said installing a barrier along the canal can be required when a site plan is submitted for approval by the developer. 6 | P a g e Council Member Erickson moved to approve Ordinance No 1283 the Rezone at approximately 302 W 3rd N from Low Density Residential 2 (LDR2) to Medium Density Residential 2 (MDR2) Zone; Council President Busby seconded the motion; Mayor Merrill asked for a vote: Those voting aye Those voting nay Council Member Johnson None Council Member Chambers Council Member Erickson Council Member Walker Council President Busby The motion carried. 13. June 15, 2022, City Council considered the application for a 2nd Read. Ordinance No 1283 Rezone 302 W 3rd N from Low Density Residential 2 (LDR2) to Medium Density Residential 2 (MDR2) zone #22-00092 – Alan Parkinson ORDINANCE NO. 1283 Rezone Approximately 302 West 3rd North from Low Density Residential 2 (LDR2) to Medium Density Residential 2 (MDR2) AN ORDINANCE AMENDING AND CHANGING THE ZONING MAP OF THE CITY OF REXBURG, IDAHO, AND PROVIDING THA T 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 Flora moved to approve Ordinance No 1283 the Rezone at approximately 302 W 3rd N from Low Density Residential 2 (LDR2) to Medium Density 7 | P a g e Residential 2 (MDR2) Zone and consider second read; Council Member Walker seconded the motion; Mayor Merrill asked for a vote: Those voting aye Those voting nay Council Member Flora None Council Member Chambers Council Member Walker Council President Busby The motion carried. 14. July 6, 2022, City Council considered the application for a 3rd Read and final decision. Ordinance No 1283 Rezone 302 W 3rd N from Low Density Residential 2 (LDR2) to Medium Density Residential 2 (MDR2) zone #22-00092 – Alan Parkinson ORDINANCE NO. 1283 Rezone Approximately 302 West 3rd North from Low Density Residential 2 (LDR2) to Medium Density Residential 2 (MDR2) 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 Flora moved to approve Ordinance No 1283 the Rezone approximately 302 W 3rd N from Low Density Residential 2 (LDR2) to Medium Density Residential 2 (MDR2) Zone and consider third read; Council Member Walker seconded the motion; Council President Busby asked for a vote: 8 | P a g e 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.