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HomeMy WebLinkAboutRFD - 24-00808 – 119 W 2nd N – Rezone fr LI to LDR3(208) 359-3020 35 North 1st East Rexburg, ID 83440 Rexburg.org | Engage.Rexburg.org Reason for Decision 24-00808 – 119 W 2nd N – Rezone from LI to LDR3 1. September 9, 2024, An application was received from Ryan and Jeff Lerwill to rezone a parcel from Light Industrial (LI) to Low Density Residential 3 (LDR3). 2. September 9, 2024, Payment was received for the application. 3. September 10, 2024, Staff reviews were assigned. 4. September 23, 2024, Staff reviews were approved. 5. October 14, 2024, Staff Report was completed. 6. September 30, 2024, Notice was sent to the newspaper to be published October 1, 2024, and October 8, 2024. 7. September 30, 2024, Notice was mailed to surrounding property owners. 8. October 8, 2024, Notice was posted on the property. 9. October 17, 2024, The application was presented to the Planning & Zoning Commission. Public Hearing – (24-00808) 119 W 2nd N – Rezone – Located at 119 W 2nd N, the application is to change the zoning of approximately .297 acres from Light Industrial (LI) to Low Density Residential 3 (LDR3). – Ryan and Jeff Lerwill (Action) Presentation: Ryan Lerwill presented via zoom. He began by stating this lot is also within proximity to the railroad and that there is an old historic railroad spur that runs close to the residence. He acknowledged the Railroad’s easement and shared that he believed the spur closest to the building was condemned years ago after the track caved in, and a rail car tipped over. He stated the property is currently zoned Light Industrial (LI), and doubted there could be industrial use on such a small lot. He referred to the lot being contiguous to high density zoning to the south as well as the new development in the nearby area. Ryan indicated that he feels like the highest and best use is to rezone the lot and bring the little house back to life to remove it from the blight category. Alan shared that this situation is different since the property extends across the Railroad’s right-of- way, but the applicant is aware that they cannot interfere with the railroad and cannot do anything in the Railroad’s right-of-way without the Railroad’s permission. He gave history on the lot, explaining that the previous owner was invited to rezone the property when the adjacent property to the south was rezoned residential, but the previous owner declined. Staff has anticipated this property going to a residential zoning for a while. Chairperson Smith opened the public input portion of the hearing at 6:58 pm. (208) 359-3020 35 North 1st East Rexburg, ID 83440 Rexburg.org | Engage.Rexburg.org Favor: none Neutral: none Opposed: none Written Correspondence: Eastern Idaho RR – Vince read aloud. Based on the letter, Sally asked if the application would rezone the right-of-way. Alan confirmed that it would, but it would not affect the railroad. Rebuttal: none Chairperson Smith closed the public input portion of the hearing at 7:01 pm. Commissioner Discussion: Vince asked to see the zoning map and the commission discussed the LDR3 zone versus matching the adjacent HDR zone. Sally commented that it is a small piece of property. Alan said a High-Density zoning would make development of the lot easier with reduced setbacks, but parking is the biggest challenge, estimating that with either residential zone the most it could support would be two units. Randall asked for the properties Comprehensive Plan designation. Alan responded Intermediate Residential. Brian inquired about the use of the stretch of railroad that goes through the property. Alan confirmed it was no longer in use and a portion of it had been removed. Randall asked if there could be any legal recourse the Railroad would have in reference to their indication in their letter that their property would be rezoned. Alan believed the Railroad is indemnifying themselves so they are not responsible for any costs if the tracks are changed. Attorney Rammell related this letter to letters received for other land use applications that warn that the author has cows, will continue to have cows, that cows smell, and that if prevented from raising cattle, it would be considered under the taking analysis. The commission discussed the Railroad’s right-of-way being part of the deeded property. Alan reiterated that the applicant knows they cannot build or do anything without the Railroad’s permission. Vince stated that from the land use purpose, the commission shouldn’t be worried about the right-of-way. Sally replied that they should make sure they’re not rezoning something that shouldn’t be. Randall clarified that he wanted it on the record for City Council to know if this could be a future legal issue. Vince commented that he would prefer the zone of this parcel to match the high-density residential zone to the south, but acknowledged that without changing the zone, the lot would not be able to be used. MOTION: Motion to recommend to City Council the approval of the rezone for the proposed property from Light Industrial (LI) to Low Density Residential 3 (LDR3) in order to make the property usable for the owners while maintaining the neighborhood and matching other similar zones in that area and because it is in accordance with the Comprehensive Plan. (208) 359-3020 35 North 1st East Rexburg, ID 83440 Rexburg.org | Engage.Rexburg.org Action: Approve, Moved by Vince Haley, Seconded by Brian Thackeray. Commissioner Discussion on the Motion: VOTE: Motion carried. (Summary: Yes= 6, No= 0, Abstain = 0). Yes: Vince Haley (Vice Chair), Todd Marx, Randall Kempton, Sally Smith (Chairperson), Vanessa Johnson, Brian Thackeray No: none Abstain: none 10. November 6, 2024, The application was presented to the City Council. Planning & Zoning recommendation to approve a zone change from Light Industrial (LI) to Low Density Residential 3 (LDR3) at approximately 119 W 2nd N #24-00808. Designated as Ordinance No 1324 if motion passes – Alan Parkinson Discussion: ORDINANCE NO. 1324 Rezone 119 W 2nd N from Light Industrial (LI) to Low Density Residential 3 (LDR3) 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. (208) 359-3020 35 North 1st East Rexburg, ID 83440 Rexburg.org | Engage.Rexburg.org P&Z Administrator Parkinson reviewed the Planning and Zoning Staff Report for the rezone at approximately 119 W 2nd N from Light Industrial (LI) to Low Density Residential 3 (LDR3). The property was formerly known as Arnold’s Printing. The owner is trying to repurpose the building; however, it is difficult to do that with it being in a Light Industrial Zone. The property owner is requesting the zone change to Low Density Residential 3 to possibly use the building as some type of housing. Council Member E. Erickson asked for the reason the Railroad Company is opposed to the rezone request. P&Z Administrator Parkinson said the Railroad Company is opposing the rezone to inform the property owner that there is a right of way near their property, and they cannot encroach upon the right of way. The city will not allow the property owner to encroach upon the right of way without the Railroad Company’s permission. Council Member Johnson asked about the letter the Railroad Company submitted stating the city or the property owner could incur expenses. P&Z Administrator Parkinson said the city would only incur expenses if there were encroachment on the Railroad Company right of way. The requested zone is lower in density than the properties to the east and south of this property. The reason the property owner cannot request a higher density is because the lot size is too small. (208) 359-3020 35 North 1st East Rexburg, ID 83440 Rexburg.org | Engage.Rexburg.org Council Member E. Erickson moved to approve Ordinance No 1324 a Rezone at approximately 119 W 2nd N from Light Industrial (LI) to Low Density Residential 3 (LDR3); 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 E. Erickson Council Member Reeser The motion carried. 11. November 20, 2024, the application was presented to the City Council for a second read. Ordinance No 1324 Rezone 119 W 2nd N from Light Industrial (LI) to Low Density Residential 3 (LDR3) zone #24-00808 – Alan Parkinson ORDINANCE NO. 1324 Rezone 119 W 2nd N from Light Industrial (LI) to Low Density Residential 3 (LDR3) 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 C. Erickson moved to approve Ordinance No 1324 a Rezone at approximately 119 W 2nd N from Light Industrial (LI) to Low Density Residential 3 (LDR3) and (208) 359-3020 35 North 1st East Rexburg, ID 83440 Rexburg.org | Engage.Rexburg.org consider it second read; Council President Walker seconded the motion; Mayor Merrill asked for a vote: Those voting aye Those voting nay Council Member Johnson none Council Member Chambers Council Member E. Erickson Council Member C. Erickson Council Member Reeser Council President Walker The motion carried. 12. December 4, 2024, the application was presented to the City Council for a third and final read. Ordinance No 1324 Rezone 119 W 2nd N from Light Industrial (LI) to Low Density Residential 3 (LDR3) Zone #24-00808 – Alan Parkinson Discussion: Council President Walker moved to approve Ordinance No 1324 Rezone at approximately 119 W 2nd N from Light Industrial (LI) to Low Density Residential 3 (LDR3) Zone; Council Member Chambers 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 Council Member Reeser The motion carried.