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HomeMy WebLinkAboutRFD - 22-00258 - Pebble Creek - 2332 W 2000 S - Rezone to LDR3 & Adjust CBC 1 | Page #22 00258 Rezone from Low-Density Residential 2 (LDR2), Medium-Density Residential 1 (MDR1), and Community Business Center (CBC) to Low-Density Residential 3 (LDR3) for 20 acres Adjacent to the church at 2332 W 2000 S 1. April 14, 2022, An application was received for a Rezone from Low-Density Residential 2 (LDR2), Medium-Density Residential 2 (MDR2), and Community Business Center (CBC) to Low-Density Residential 3 (LDR3) from Brandt Monette. 2. April 18, 2022, Fees were paid. 3. April 21, 2022, Legal descriptions for the remaining CBC and LDR2 zoned areas were received. 4. May 3, 2022, Staff Reviews were completed, and revisions were requested. 5. May 10, 2022, Legal Descriptions Rev.(1) were received. 6. May 16, 2022, Staff Reviews were completed, and revisions were requested. 7. May 26, 2022, Legal Descriptions Rev. (2) were received. 8. June 9, 2022, Staff Reviews were approved. The public hearing was scheduled. 9. June 14, 2022, Notice was sent to the newspaper to be published on June 21st and June 28th, 2022. 10. June 21, 2022, Notice was mailed to all property owners within 350’. 11. June 29, 2022, Notice was posted on the property. 12. July 7, 2022, Alan Parkinson presented the application to the Planning & Zoning Commission. 13. July 20, 2022, Alan Parkinson presented the application to City Council. 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 (22-00258) – Land adjacent to 2332 W 2000 S – Rezone from Low-Density Residential 2 (LDR2), Medium-Density Residential 2 (MDR2), and Community Business Center (CBC) to Low-Density Residential 3 (LDR3). This parcel was recently rezoned from Low-Density Residential 1 (LDR1) to Medium- Density Residential 2 (MDR2) (21-00189). The Comprehensive Plan Map shows this parcel in the LDR1-MDR1 designation. The parcel is adjacent to a church ta 2332 W 2000 S. The portion of the parcel being rezone is twenty (20) acres. – Husk Crowther, Brent Monette (action) Applicant Presentation: None Commissioner Questions: None Staff Report: Alan Parkinson – This is property that was recently rezoned prior to the citywide Comprehensive Plan Map change. The Applicant has requested to lower the zone to LDR3. This matches the densities, but MDR or higher requires sidewalk connectivity. The connectivity needs to be to University Blvd. Iron Horse is putting in some of the sidewalk connectivity, so this developer would connect to theirs for the MDR2 zoning. The LDR3 would not require the sidewalk connectivity. Keith says a Traffic Impact Study has been done or it is underway. 12th W and University Blvd. has stoplight bases in. The city is waiting on delivery of the poles, which are on backorder. Staff requests if the Commission recommends approval, they also request to waive the three reads at City Council, since this request has already been through three reads on the City Council level to obtain the MDR2 zoning and this request tonight is for a lesser density zone. Commissioner Questions: Vince verified the land was annexed in 2001. Did Keith have any concern with the utilities? Alan said no. Vince would be in favor of the downzoning, but he knows sidewalks are an issue due the increased traffic in this area. Alan said in the LDRs, the sidewalk must connect to the street front. On the parcel frontage, sidewalks and a boulevard strip will still have to be built. The developer will be required to build internal sidewalks. Vince asked if the RV Park is required to have sidewalks. Alan said the frontage on the RV Park will require sidewalks and connectivity. Randall asked about connectivity for bicycle paths. Alan said there is a plan from Hwy 33 to the north for bicycles along 12th W. Eric confirmed the proposal is to rezone a portion of the property that is twenty (20) acres. Todd asked about the developer participating in the cost of the infrastructure of the area; Alan said this is not collected for sidewalks. Chairperson Smith opened the public input portion of the hearing at 6:43PM. 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 6:44PM. 3 | Page 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. Chairperson Smith owns property within three hundred (300’) feet, but she does not stand to benefit whether this zone change happens or not. Commissioner Discussion: Eric says he sees the change would represent a good zone transition. Vince said he sees the higher density among undeveloped fields. Aaron asked if anyone sees an issue with the request to waive the third read. No one has an issue. MOTION: Motion to recommend the City Council approve (22-00258) the Rezone from Low-Density Residential 2 (LDR2), Medium-Density Residential 2 (MDR2), and Community Business Center (CBC) to Low-Density Residential 3 (LDR3), with the recommendation the three readings be waived by City Council, because it is a fitting transitional land use based on the location of the zoned area. Action: Approve, Moved by Aaron Jensen, Seconded by Randall Kempton. Commissioner Discussion on the Motion: None VOTE: Motion carried by unanimous roll call vote. Yes. (Summary: Yes = 9, No = 0). Yes: Vince Haley (Vice Chair), Todd Marx, Randall Kempton, Sally Smith (Chairperson), Aaron Richards, Jim Lawrence, Bruce Casper, Eric Erickson, McKay Francis. 14. July 20, 2022, Alan Parkinson presented the application to City Council and asked for the application to be considered 3rd Read and a final decision be made. Items for Consideration: (1:55:05) A. Planning & Zoning recommendation to approve a rezone at approximately 2332 W 2000 S from Low Density Residential 2 (LDR2), Medium Density Residential 2 (MDR2), and Community Business Center (CBC) zones to Low Density Residential 3 (LDR3) zone #22-00258. Designated as Ordinance No 1287 if motion passes. Staff recommendation to suspend the rules and considered 3rd Read – Alan Parkinson Planning and Zoning Administrator Parkinson reviewed the staff report for the rezone request. The developer was not in favor of adding sidewalks from their property to University Boulevard. 4 | Page Discussion regarding the developer’s hesitation with adding sidewalk from their property to University Boulevard. The Iron Horse development has already started to install a section of 5 | Page sidewalk along that street. As further development occurs the road will be built to meet the standards as well as the sidewalk. Council President Busby moved to approve to suspend the rules of Ordinance No. 1287 a Rezone at approximately 2332 W 2000 S from Low Density Residential 2 (LDR2), Medium Density Residential 2 (MDR2), and Community Business Center (CBC) zones to Low Density Residential 3 (LDR3) zone; Council Member Walker seconded the motion; Mayor Merrill asked for a roll call 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 Council President Busby moved to approve Ordinance No. 1287 a Rezone at approximately 2332 W 2000 S from Low Density Residential 2 (LDR2), Medium Density Residential 2 (MDR2), and Community Business Center (CBC) zones to Low Density Residential 3 (LDR3) 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 none Council Member Johnson Council Member Chambers Council Member Erickson Council Member Walker Council President Busby The motion carried