HomeMy WebLinkAboutSTAFF REPORT - 22-00425 - Shirley Subdivision - W Moody Rd - Plat OnlyCase No. 22 00425
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SUBJECT: Condo Plat Application - File #22-00425
APPLICANT: Mack Shirley, Bruce L. Shirley
PROPERTY OWNER(S): Mary G. Shirley Irrevocable Trust
PURPOSE: The request is to subdivide a parcel by plat.
PROPERTY LOCATION: Approximately 396 W Moody Rd
COMPREHENSIVE PLAN: LDR1-MDR1
CURRENT ZONING: Transitional Agriculture (TAG)
PROPOSED # OF LOTS: 8
OVERLAYING DISTRICTS: Impact Area
APPLICABLE CRITERIA: City of Rexburg Development Code (Ordinance No.1200)
§ 1.04.040 Subdivision Rules
AUTHORITY: §10.03.040 (3b) “The Commission may recommend that the amendment
be granted as requested, that it be modified, or that it be denied.”
I. BACKGROUND
This parcel was part of a larger citywide and impact
area effort to simplify the Comprehensive Plan Map
and designations. The property was designated
LDR1-MDR1 in 2019 (19-00351). In 2020, the
parcel’s zone was simplified from a TAG1 or TAG2
zoning to TAG when the two zones were
consolidated (20-00914). The parcel is part of a
family trust. The family farm was divided when US
Highway 20 was constructed. One brother lives in the
home on the property. The property is currently
farmed.
The Rexburg Development Code allows the
Commission to make recommendations to the City
Council regarding whether or not the property should or should not be recommended to City Council
based on the Development Code requirements §10.03.040.
Community Development Department
STAFF REPORT
35 North 1st East
Rexburg, ID 83440
Alan.parkinson@rexburg.org
www.planning.org
Phone: 208.359.3020
Fax: 208.359.3022
Case No. 22 00425
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II. SITE DESCRIPTION
The property is located at approximately 396 W Moody Rd. Agriculture and single-family homes
are located to the south and east of this property. US Highway 20 and a canal border this property to
the north and west. The total area for the lot is 11.67 acres.
III. ANALYSIS
If approved the request will result in subdividing a single parcel into eight parcels for individual sale.
The request would require the Commission and City Council to review the proposal against one set of
criteria, for the plat. Below, staff has provided all the criteria listed by Ordinance No. 1200 (Development
Code) that are required to be addressed, followed by staff’s analysis of each criterion.
Criteria Requests
• (§10.03.040.C.2) Plat bears all required certificates, acknowledgements and signature
blocks.
• (§10.03.020.C.3.) Evidence has been submitted showing proof of ownership of the land
being platted.
• (§10.03.040.C.4) Covenants, Conditions, and Regulations (CC&Rs) – No CC&Rs
• (§10.03.040.C.5) Landscape Plan – may be applicable at time of development of road.
• (§10.03.040.c.4) Dedications of streets and public improvements.
Road and infrastructure plans will need to be submitted to the city at time of development
and sale of interior lots.
a. Be in conformance with the City’s Comprehensive Plan.
The Comprehensive Plan does not match the current zoning.
b. The capacity of existing public streets, water and sewer facilities, storm drainage facilities, solid
waste collection and disposal, and other utilities.
Water and sewer will be the individual lot responsibilities – no city connection at this time.
c. The capacity of existing public services, including but not limited to, public safety services,
public emergency services, schools, and parks and recreational services.
N/A.
d. The potential for nuisances or health and safety hazards that may adversely affect adjoining
properties.
N/A
e. Recent changes in land use on adjoining properties or in the neighborhood of the map revision.
The Muir Glen DIV1 subdivision was subdivided by short plat in 2020 (20-00519). A rezone of
one parcel in that subdivision from Transitional Agriculture (TAG) to Medium-Density Residential
1 (MDR1) was approved by the County Commissioners and is being recorded (22-00072).
f. Meets the requirements of the Development Code.
The request meets the requirements of the Development Code.
IV. STAFF RECOMMENDATION
Staff requests that Planning and Zoning recommend to City Council to approve the Plat of the Shirley
Subdivision at approximately 396 W Moody Rd, if the Commission finds that the proposed request is
compatible with the surrounding area, meets the requirements of the Development Code, and is in the best
interest of the neighborhood and the community.