HomeMy WebLinkAboutRFD - 24-00683 – Bagley - Approx 312 & 316 Grand Loop – Comprehensive Plan Map change from C to IR(208) 359-3020
35 North 1st East
Rexburg, ID 83440
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Reason for Decision
24-00683 – Bagley – Approx 312 & 316 Grand Loop – Comprehensive
Plan Map change from C to IR
1. August 6, 2024, An application was created for John Bagley to change the
Comprehensive Plan Map from Commercial to Intermediate Residential.
2. August 20, 2024, Payment was received from John Bagley for the application.
3. August 6, 2024, Staff reviews were assigned.
4. August 20, 2024, Staff reviews were approved.
5. August 21, 2024, Staff Report was completed.
6. August 22, 2024, Notice was sent to the newspaper to be published August 30, 2024
and September 6, 2024.
7. August 29, 2024, Notice was mailed to surrounding property owners.
8. September 10, 2024, Notice was posted on the property.
9. September 19, 2024, the application was presented to the Planning & Zoning
Commission.
Public Hearing – (24-00638) Bagley – Comprehensive Plan Map change from
Commercial to Intermediate Residential – Located at approximately 312 & 316 Grand
Loop, the application is to change the Comprehensive Plan Map for approximately 1.24
acres from Commercial to Intermediate Residential. – John Bagley (Action)
Presentation:
John Bagley began by sharing that he and his brother were the original developers of Trejo Park
and feel they haven’t had much success selling lots with the way it was zoned. He touched on his
potential project for the property, indicating a similar use nearby. John explained that he was
applying for Medium Density Residential 1 not for the density, but to be closer to the property lines.
He noted that the lack of traffic on Grand Loop makes it ideal to walk around, and being within
walking distance to doctors and dentists increases its appeal.
Alan clarified that this application is for the Comprehensive Plan Map change from Commercial to
Intermediate Residential. He shared that it was originally developed in 2004 and was zoned as
Technical and Office at that time, and later was updated to Community Business Center when the
city removed the Technical and Office zone from the Development Code. He verified that staff has
reviewed the application, and the requirements have been met.
(208) 359-3020
35 North 1st East
Rexburg, ID 83440
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Vince inquired about the status and funding of the traffic light going in on Trejo and Yellowstone.
Alan responded that it was delayed because of the power company and that the nearby apartments
helped to fund it. Brian inquired about the surrounding zones. Alan showed the map, pointing out
High Density to the south and west, and Community Business Center to the north and east. He
indicated that Medium Density is a step down.
Vince asked about the role of CC&R’s in the decision. Alan replied that CC&R’s shouldn’t impact
the decision, as the city has no power over them and they are between the HOA and that
subdivision. McKay wondered if these were the last two lots owned by the applicant. Alan replied
no.
Chairperson Smith opened the public input portion of the hearing at 6:43 pm.
Favor: none
Neutral: none
Opposed:
William Tanner shared that his business is located adjacent to one of the applicant’s
lots and when he purchased the property, it was with the intent and understanding
through the CC&R’s that it would stay a commercial business park. He questioned the
efforts made to market the lots, indicating that the applicant’s deceased brother had told
him the lots had been taken off the market. He anticipates difficulties in trying to
accommodate both residential and businesses in the area, especially parking and the
bottleneck traffic already experienced at the entrance of the business park. He doesn’t
think the request is consistent with the purpose of the park and would like to see it stay
commercial.
Vince confirmed with Mr. Tanner that he was part of the written correspondence
received in opposition to the application.
Sam Cook shared that he owns two lots in the northwest corner of the business park
and purchased the lots relying on the area remaining a commercial park. He worries
about property values and traffic since the single access already creates a problem. He
supports the project, just not inside the business park. He noted a lack of marketing in
the last five years and a huge demand for commercial property in Rexburg.
Written Correspondence:
Sam Cook, Bill Tanner, Aaron Marcum – Alan verified commissioners had read this
letter.
Claudeen Hill – Vince read this letter into the record.
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35 North 1st East
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Rebuttal:
John spoke to the past marketing efforts, the traffic being less with townhomes than a
commercial building and reiterated that he is asking for medium density to be closer to
the property lines.
Chairperson Smith closed the public input portion of the hearing at 7:00 pm.
At Attorney Rammell’s request, Sally clarified that the application is for the
comprehensive plan change and use of the land, not any specific project.
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:
The group discussed the maximum density of potential projects, with Alan noting that
parking is a limiting factor for any project. Discussion moved on to surrounding
designations of Commercial and Intermediate Residential as well as the nearby uses of
commercial and residential. The High Density Residential 1 zone in the Intermediate
Residential designation was pointed out.
Aaron gave an example of a similar situation in the Dallas area where there was an
overabundance of retail zoned land that sat for decades, then the market changed, the land
was rezoned and townhomes came in. He shared he is looking at the rezone request as a
mixed-use concept, which is current and common, and since the townhomes adjacent are
working with the existing use, he can empathize with continuing. McKay brought up the
zone being a step down, but noted this is area is more complicated and it may be more
difficult, from a property management standpoint, to get all of the units sold.
Brian likes the idea of residential housing but wondered if the residential aspect would
push the businesses out of the park and shared that it didn’t quite seem to fit. Sally
commented that Aaron’s example makes sense, the zone is a step down, the lots have sat
for a long time, there is definitely a demand for medium density housing, and if done right,
the businesses could gain clients. The group discussed similar areas where residential is
next to commercial. Vince commented on losing commercial property and Sally added that
over the last 20 years every market condition has been seen.
Jim talked about the step down in zones being backwards in this case. Vanessa pointed
out that it is an awkward area for a business park where it doesn’t receive drive by traffic.
Vince countered that there are successful businesses in the park that don’t require drive by
traffic.
(208) 359-3020
35 North 1st East
Rexburg, ID 83440
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Aaron stated he was very comfortable with the mixed-use concept, that it would bring value
to the vacant land, and increase the activity in the area.
MOTION: Motion to recommend City Council approve the Comprehensive Plan map change
from Commercial to Intermediate Residential to help spur development in this area because
the adjacent Comprehensive Plan uses fit with the request.
Action: Approve, Moved by Aaron Richards, Seconded by Vanessa Johnson.
Commissioner Discussion on the Motion:
Vince reiterated that this motion is for the comprehensive plan map change only.
VOTE: Motion carried. (Summary: Yes= 5, No= 3, Abstain = 0).
Yes: Vince Haley (Vice Chair), Sally Smith (Chairperson), Aaron Richards, Jim Lawrence, Vanessa
Johnson
No: McKay Francis, Todd Marx, Brian Thackeray
Abstain:
Attorney Rammell asked the Commission to clarify the motion and revote, in doing so
the second was updated from Todd Marx to Vanessa Johnson. McKay Francis, Todd
Marx, Brian Thackeray maintained their vote against the motion.
10. October 2, 2024, the application was presented to the City Council.
Planning & Zoning recommendation to approve a Comprehensive Plan Map amendment
from Commercial to Intermediate Residential at approximately 312 & 316 Grand Loop.
Designated as Resolution No 2024-13 if motion passes – Alan Parkinson
Council Member E. Erickson said he has a conflict of interest; therefore, he is recused from voting.
City Attorney Zollinger reviewed the Planning and Zoning Staff Report for the Comprehensive Plan
Map amendment from Commercial to Intermediate Residential at approximately 312 and 316 Grand
Loop.
(208) 359-3020
35 North 1st East
Rexburg, ID 83440
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Council Member C. Erickson said there is commercial property lacking in the city, yet this request is
to change the zone from commercial to residential. City Attorney Zollinger replied, the availability of
Class A Commercial property is what is lacking in the city. There has to be a willingness on the part of the
developer to build the appropriate commercial office space. These two parcels have been available for 20
years as a business park and the only business that developed there was the East Idaho Credit Union and
mixed-use businesses. Council Member C. Erickson wondered if the commercial zones to the northwest
are developed would this zone change have an influence on that development.
John Bagley explained there are townhouses straight north of these two parcels. He plans to build high
end townhomes on both parcels. Council Member C. Erickson said he is in favor of Mr. Bagley’s plan for
(208) 359-3020
35 North 1st East
Rexburg, ID 83440
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the two parcels; however, the Councilmembers should base their decision on the highest density allowed
in the proposed zone and not the development plans.
Council Member Johnson said after listening to the public testimony given at the Planning and
Zoning meeting, she is more inclined to keep the current commercial zone in that area. She also reiterated
Council Member C. Erickson’s comment that they cannot base their decision on the development plans.
Discussion regarding the density of the property across the street from these parcels. Council Member
Johnson said the property across the street is zoned Medium Density Residential 1; however, the
townhouses were built at a lower density.
Mr. Bagley explained he would build at a less density as well. One of the parcels would only have four to
five units and the second parcel would have five to six units. The reason he is requesting Medium Density
Residential 1 is so that they can build within 15 feet of the property line to have bigger units.
Council Member Johnson said once a decision is made to change the Comprehensive Plan, the change
is indicative of what zones are expected and not only for these parcels; however, for the surrounding area.
She said she understands there are already several different zones in that area so either zone would work.
The question to consider is if MDR 1 is a fit for that area.
Council Member Johnson moved to deny Comprehensive Plan Map amendment from
Commercial to Intermediate Residential at approximately 312 & 316 Grand Loop. Motion
failed due to lack of a second.
Council Member Reeser said even though he is reluctant to change the Comprehensive Plan he can
see the benefits of the change. An MDR1 would allow for more housing, which to his understanding is
much needed in the community.
Council Member C. Erickson said he is not against changing the Comprehensive Plan because there
are condos adjacent to these parcels; however, he is worried about losing the commercial zone and the
worst-case scenario for the proposed zone is 16 units per acre and 40 feet high.
Council Member Chambers said the problem with the parcels being zoned commercial is that the
property is off the beaten path, it is a little bit more difficult for people to see and find. Council Member C.
Erickson said he agrees with Council Member Chambers about the parcels being off the beaten path. He
said the parcels in the front have developed commercial because they are easier to see; however, the
parcel against the apartments have been pushed out of sight because of the apartment buildings on both
sides.
Mr. Bagley said there isn’t room for parking to go to 16 units per acre unless they stacked or buried
parking underneath. One of the main concerns was traffic; however, that concern is not valid according to
the traffic report.
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35 North 1st East
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Discussion regarding traffic studies. Public Works Director Davidson said part of a traffic study is to
determine the traffic flow during the peak hour. They also determine what traffic calming measures could
help traffic flow in and out of that area.
Council Member Johnson said in her personal opinion the city’s infrastructure is not keeping up with
the city growth in a lot of places, even with traffic calming measures especially on the west side. When
high school students were released from school, there were times of day when drivers knew they could
not get through, even without the road construction projects. She said that tells her there is a big
difference between capacity and comfort so that is something else to consider.
Council Member Chambers moved to approve Resolution No 2024-13 a Comprehensive
Plan Map amendment from Commercial to Intermediate Residential at approximately 312 & 316
Grand Loop; Council Member C. Erickson seconded the motion; Council President Walker
asked for a vote:
Those voting aye Those voting nay
Council Member Chambers Council Member Johnson
Council Member C. Erickson
Council Member E. Erickson
Council Member Reeser
Council President Walker
The motion carried.