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HomeMy WebLinkAboutRFD - 24-00226 – Rexburg West - Lot 2 Block 1 and Lot 3 Block 1 – Rezone from MU to CBC(208) 359-3020 35 North 1st East Rexburg, ID 83440 Rexburg.org | Engage.Rexburg.org Reason for Decision 24-00226 – Rexburg West – Lot 2 Block 1 and Lot 3 Block 1 – Rezone from MU to CBC 1. April 1, 2024, An application was received from Kurt Webb to rezone two parcels from Mixed Use (MU) to Community Business Center (CBC). 2. April 1, 2024, Payment was received for the application. 3. April 1, 2024, Staff reviews were assigned. 4. April 9, 2024, Staff reviews were approved. 5. April 16, 2024, Staff Report was completed. 6. April 12, 2024, Notice was sent to the newspaper to be published April 16, 2024 and April 23, 2024. 7. April 16, 2024, Notice was mailed to surrounding property owners. 8. April 23, 2024, Notice was posted on the property. 9. May 2, 2024, the application was presented to the Planning & Zoning Commission. Public Hearing – (24-00226) Rexburg West - Lot 2 Block 1 and Lot 3 Block 1 – Rezone from MU to CBC – Located at approximately 15 Sawtelle Ave & 19 Sawtelle Ave, the application is to change the zoning of approximately .84 acres from Mixed Use (MU) to Community Business Center (CBC). – Kurt Webb (Action) Presentation: Alan began by showing the location of the lots on the screen. He stated that staff has reviewed the application and it meets the staff requirements and is within the scope of the Comprehensive Plan. Vince inquired about the orientation of the lots. Alan confirmed the front of the lots would be on Sawtelle Ave. He reminded the Commission that similar zone changes were recently approved to property near these lots and informed the Commission that the proposed Community Business Center (CBC) zone was contiguous with other CBC zones to the West and South. Sally asked if there had been any inquiries to do Mixed Use (MU) in that area. Alan shared that the adjacent lot is trying to have a Mixed Use (MU). Vince confirmed that since the development was already platted the Commissioners would not need to worry about the lot sizes, rather just consider the zone change. Bruce wanted to know the difference between Community Business Center (CBC), Residential Business District (RBD). Alan explained that there are only 2 lots in the City zoned as Residential Business District (RBD) and they are houses being used as businesses. Chairperson Smith opened the public input portion of the hearing at 6:38 pm. Favor: none Neutral: none Opposed: (208) 359-3020 35 North 1st East Rexburg, ID 83440 Rexburg.org | Engage.Rexburg.org Roger Hoopes, 101 E Main St Suite 203, stated he is a local attorney and is in attendance to represent Mitch Neibaur. He gave a history of the business development, the timeline of development and lot purchases, and Mr. Neibaur’s intention to develop a Mixed Use project. Mr. Hoopes stated it was unfair to Mr. Neibaur that the project was set up as a Mixed Use program and now the purchasers want to change it. He feels it makes a significant difference to Mr. Neibaur and the project and puts the rest of the lots in jeopardy of losing the charisma, purpose and function that the developer was assured he could have when he put the project together. Mr. Hoopes commented that changing the zone of these two lots will stop the development and devalue the property and it seems unfair to Mr. Neibaur. Written Correspondence: Mitch Neibaur Rebuttal: Kurt Webb, 3452 Henrys Fork Way, is attending on behalf of the owners of the lots. He is a consultant and currently oversees the only Mixed Use project currently in Rexburg. He stated that there is a significant challenge in using these lots in a Mixed Use project, citing the small lot sizes as making it difficult to create the type of project that allows someone to live, work and play in that community. He shared that the property owners ran a cost analysis of adding a residential component, and it does not work for the proposed project. Kurt reiterated that the zoning and proposed project aligns with property to the West and East and commented that the number of lots that have not sold shows that this is not what people are looking for in this part of town. It is really difficult to be a significant Mixed Use property with small lots that are not contiguous to each other. Chairperson Smith closed the public input portion of the hearing at 6:48 pm. Conflict of Interest/Ex parte Conversation: Chairperson Smith asked the Commissioners to disclose any conflicts of interest or conversations held outside of this meeting relative to this particular subject. Commissioner Discussion: Bruce asked for additional clarification on the differences between Mixed Use (MU) and Community Business Center (CBC). Alan replied that Mixed Use (MU) requires at least 10% Commercial and 10% Business; and Community Business Center (CBC) is commercial only and does not allow any residential. Jim inquired about the zoning of the parcel to the West. Alan explained that the original subdivision was Community Business Center (CBC) and it was after the fact when the rezone to Mixed Use (MU) was requested. Vince asked about the relationship between the developer and lot owners and if the developer has any say in what lot owners can do with their property. Alan contended that the HOA may have stipulations, but he is not aware of any conditions in this development. Attorney Rammell reminded the group that the Commission does not look at 3rd party agreements. Vince summarized that owner A, the developer, sells land to owner B, and owner B is free to do what they want with the land. Sally noted if it fits the Comprehensive Plan. Alan added it has to meet the standards of our development code. Attorney Rammell advised that there is no legal standing to control the lot, but as an abutting landowner there could be things that impact them moving forward, but only in the (208) 359-3020 35 North 1st East Rexburg, ID 83440 Rexburg.org | Engage.Rexburg.org capacity of being a neighbor or adjoining land owner, not as the developer or former land owner. He added that the parcel owner has their own property rights obtained through the purchase of the property. Alan suggested the commission look for any detriment to the overall scope of what is happening around. The group briefly discussed not considering the project mentioned, rather just the original proposal for the zone change and if the proposed zone fits the area or if there are any concerns with abutting properties. Vince reiterated that everything around this is zoned as Community Business Center (CBC). He asserted that the developer is allowing the property to be sold, and giving property owners the right to do with it what they want, as long as it meets the area, which it does. Randall agreed. Aaron also agreed, sharing that the ongoing relationship between developer and builder is through deed restrictions, and that has no bearing in a zoning case. He commented that with the location, the use makes sense. Sally commented on the length of time that has passed since the subdivision was approved and noted that the vision of that area may have changed. Randall stated that he was sympathetic to Mr. Neibaur’s vision for community but is trying to balance the current property owners rights versus the best use or vision of a project. Jim shared his only concern would be if this zone change could hurt those who have already purchased lots with the intent of a Mixed Use project. Vince responded that if that was the case, he hoped the Commission would have heard from them. Sally agreed, sharing that they have the choice to ask for a rezone also. Randall reiterated that Mr. Neibaur relinquished control over the properties by selling them. Vince reasoned that the lots are small enough, that it will not be a huge commercial development that will ruin the whole area. Aaron added that the properties being next to Main Street it makes more sense to have a step down from Main Street to Community Business Center (CBC) to Mixed Use (MU). Brian asked if changing the zoning would impact the property value. Alan responded there is no way to financially calculate that, so it cannot be considered. Brian circled back to Mr. Neibaur sold the lots so the owners can use it as they want, but the rest of the subdivision can still be used for his original idea. MOTION: Motion to recommend City Council approve the rezone from Mixed Use (MU) to Community Business Center (CBC) for the proposed properties because it is in accordance with the comprehensive plan, it matches the surrounding zone, its proximity to the highway and to allow the property owners to do what they want as long as it meets the criteria, which it does. Action: Approve, Moved by Vince Haley, Seconded by Randall Kempton. Commissioner Discussion on the Motion: VOTE: Motion carried. (Summary: Yes= 8, No= 0, Abstain = 0). Yes: Vince Haley (Vice Chair), Todd Marx, Randall Kempton, Sally Smith (Chairperson), Aaron Richards, Jim Lawrence, Bruce Casper, Brian Thackeray No: none Abstain: (208) 359-3020 35 North 1st East Rexburg, ID 83440 Rexburg.org | Engage.Rexburg.org 10. May 15, 2024, the application was presented to the City Council. Planning and Zoning Administrator Parkinson reviewed the staff report for the rezone at approximately 15 and 19 Sawtelle Ave from Mixed Use (MU) to Community Business Center (CBC). Discussion: Council Member Johnson moved to approve Ordinance No 1315 the rezone at approximately 15 and 19 Sawtelle Ave from Mixed Use (MU) to Community Business Center (CBC) and consider first read; Council Member Reeser seconded the motion; Mayor Merrill asked for a vote: Those voting aye Those voting nay Council Member Johnson none Council Member Chambers Council Member C. Erickson Council Member Reeser Council President Walker The motion carried. 11. June 5, 2024, the application was presented to the City Council for a second read. Ordinance No 1315 Rezone at approximately 15 and 19 Sawtelle Ave from Mixed Use (MU) to Community Business Center (CBC) #24-00226 – Alan Parkinson Discussion: ORDINANCE NO. 1315 (208) 359-3020 35 North 1st East Rexburg, ID 83440 Rexburg.org | Engage.Rexburg.org Rezone 15 and 19 Sawtelle Ave from Mixed Use (MU) to Community Business Center (CBC) Zone 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 E. Erickson said a lot of those parcels were zoned Mixed Use (MU); however, developers are asking for those parcels to be rezoned to Community Business Center (CBC). He wondered why the developer asked for this zone change. Mayor Merrill replied, the developer did not think he could meet the residential requirement of Mixed Use to work for this development. Council Member Chambers moved to approve Ordinance No 1315 the Rezone at approximately 15 and 19 Sawtelle Ave from Mixed Use (MU) to Community Business Center (CBC) and consider second read; Council Member Johnson seconded the motion; Mayor Merrill asked for a vote: Those voting aye Those voting nay Council Member Johnson none Council Member Chambers Council Member C. Erickson Council Member E. Erickson Council President Walker The motion carried. 12. June 26, 2024, the application was presented to the City Council for a third and final read. (208) 359-3020 35 North 1st East Rexburg, ID 83440 Rexburg.org | Engage.Rexburg.org a. Ordinance No 1315 Rezone 15 and 19 Sawtelle Ave from Mixed Use (MU) to Community Business Center (CBC) #24-00226 – Alan Parkinson Discussion: ORDINANCE NO. 1315 Rezone 15 and 19 Sawtelle Ave from Mixed Use (MU) to Community Business Center (CBC) Zone 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 President Walker moved to approve Ordinance No 1315 the Rezone at 15 and 19 Sawtelle Avenue form Mixed Use (MU) to Community Business Center (CBC) and consider third read; Council Member C. Erickson seconded the motion; Mayor Merrill asked for a vote: Those voting aye Those voting nay Council Member Johnson none Council Member Chambers Council Member C. Erickson Council Member E. Erickson Council Member Reeser Council President Walker The motion carried.