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HomeMy WebLinkAboutRFD - 24-01171 – White Owl Business Park - 4 W Moody Rd – Rezone fr LI to MDR2(208) 359-3020 35 North 1st East Rexburg, ID 83440 Rexburg.org | Engage.Rexburg.org Reason for Decision 24-01171 – White Owl Business Park – 4 W Moody Rd – Rezone from LI to MDR2 1. December 20, 2024, An application was received from Bron Leatham to rezone a portion of a parcel from Light Industrial (LI) to Medium Density Residential 2 (MDR2). 2. December 20, 2024, Payment was received for the application. 3. December 24, 2024, Additional application documents were received. 4. December 24, 2024, Application paperwork was completed. 5. December 26, 2024, Staff reviews were assigned. 6. January 7, 2025, Staff reviews were approved. 7. January 21, 2025, Staff Report was completed. (See attached) 8. January 15, 2025, Notice was sent to the newspaper to be published January 17, 2025, and January 24, 2025. 9. January 17, 2025, Notice was mailed to surrounding property owners. 10. January 28, 2025, Notice was posted on the property. 11. February 6, 2025, The application was presented to the Planning & Zoning Commission. Public Hearing – (24-01171) White Owl Business Park – Rezone from LI to MDR2 – Located at approximately 4 W Moody Rd, the application is to change the zoning map of 16.9 acres from Light Industrial (LI) to Medium Density Residential 2 (MDR2). – White Owl Business Park LLC (Action) 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. Presentation: Planning & Zoning Administrator Parkinson showed the location of the parcel on the screen and explained that the rezone is for a portion of the parcel and feels the request for housing fits the location better than a light industrial use. Staff reviewed and approved the request, with Public Works commenting that while not immediately available, connection to sewer and water will be available at a later date. Commissioner Thackeray questioned the ability to split a single parcel into two different zones. Administrator Parkinson confirmed that zoning does not need to follow parcel lines. (208) 359-3020 35 North 1st East Rexburg, ID 83440 Rexburg.org | Engage.Rexburg.org Commissioner Kempton asked why the zone change request is only for a portion and not the entire parcel and about the staff comments. Administrator Parkinson replied that plans for the north portion are unknown at this time and that there is a new sewer line planned along Moody Rd and the developer has been made aware. Administrator Parkinson reviewed the nearby zones and confirmed that the MDR2 request aligns with the Intermediate Residential Comprehensive Plan designation. The applicant, Bron Leatham, shared that the rezone request is not to build to the full density, but to allow flexibility for their plan. When the land was purchased, the area was viewed as a light industrial corridor. With the recent nearby developments, industrial is no longer the best use. Mr. Leatham gave a few details about the potential project with The Homestead and reiterated that the request for MDR2 is to eliminate some of the limitations of the MDR1 zone to allow flexibility for the planned project. Vice Chairperson Haley opened the public input portion of the hearing at 6:42 pm. Favor: Sam Stoddard, representing Homestead, spoke in favor of the rezone which would allow for a potential assisted living facility, conveniently located near Walmart and the Temple. Attorney Rammell asked Vice Chairperson Haley to give his project disclaimer. Vice Chairperson Haley reminded the Commissioners not to base decisions on potential projects and that the property could be sold and used to the maximum of the zone. Neutral: Wendy Sakota stated that she is not against the zone change and feels the potential project is a good option and better than some things that could happen behind her house. She asked how close the project would be to her back yard. Administrator Parkinson answered it would be a minimum of twenty five feet, and the zone allows for attached housing consisting of three or more units. He reiterated that the discussion should be on the zone, not the project. Opposed: none Written Correspondence: none Rebuttal: Vice Chairperson Haley closed the public input portion of the hearing at 6:47 pm. Commissioner Discussion: Vice Chairperson Haley reviewed the differences between the current and proposed zone, deciding that the requested zone is more favorable to a residential area. Administrator Parkinson added that then Light Industrial is adjacent to a residential zone, it must meet the residential setbacks. (208) 359-3020 35 North 1st East Rexburg, ID 83440 Rexburg.org | Engage.Rexburg.org Commissioner Lawrence said that Light Industrial does not seem to fit the area with recent changes. The residential request will help transition to other medium density zones to the west. Commissioner Kempton agreed that Light Industrial does not fit anymore but questioned which residential zone would fit. He reasoned that because the MDR2 request is within the Comprehensive Plan designation, it fits. Commissioner Thackeray questioned if the zoning to the immediate east would conflict with this zone. Discussion around the conditional use requirements for religious facilities and zoning ensued. Commissioner Lawrence pointed out that the neighbors were notified, and no one was in opposition. Commissioner Muir asked about access to the parcel. Administrator Parkinson replied that additional accesses may be required with the platting process. Commissioner Casper voiced concerns about the canal running across the north end of the parcel. Administrator Parkinson assured him that the developer would work with the canal company. Commissioner Kempton pointed out that the rezone request does not include that portion of the property. Vice Chairperson Haley re-opened the public input portion of the hearing at 6:55 pm to allow the applicant to provide rebuttal. Mr. Leatham addressed Ms. Sokata’s comment sharing that when he purchased the property, he committed to not putting in housing. Recently, they have had conversations about the proposed project being housing, but not student housing. He suggested that if he sells, and doesn’t condition the sell, she should attend the public meetings as a concerned citizen and suggest applying conditions to the project, such as a height limit of a single story. Vice Chairperson Haley closed the public input portion of the hearing at 6:57 pm. Vice Chairperson Haley voiced his support for the Medium Density Residential 2 zone request, believing that it fits better than Light Industrial, based on what is going into that area. MOTION: Motion to recommend City Council approve the White Owl Business Park rezone from Light Industrial (LI) to Medium Density Residential 2 (MDR2) because it fits the area and will enhance the area there. It is also in conformance with the Comprehensive Plan. Action: Approve, Moved by Bruce Casper, Seconded by Vern Muir. Commissioner Discussion on the Motion: VOTE: Motion carried. (Summary: Yes = 6, No = 0, Abstain = 0). Yes: Vince Haley (Vice Chair), Randall Kempton, Jim Lawrence, Bruce Casper, Brian Thackeray, Vern Muir No: Abstain: (208) 359-3020 35 North 1st East Rexburg, ID 83440 Rexburg.org | Engage.Rexburg.org 12. February 19, 2025, The application was presented to the City Council for a first read. Planning and Zoning recommendation to approve a rezone at 4 W Moody Rd from Light Industrial (LI) to Medium Density Residential 2 (MDR2) #24-01171. Designated as Ordinance No. 1328 if motion passes and considered first read – Alan Parkinson - Action Item P&Z Administrator Parkinson reviewed the Staff Report for the proposed rezone at approximately 4 W Moody Rd from Light Industrial (LI) to Medium Density Residential 2 (MDR2). P&Z Administrator Parkinson explained the proposed rezone fits within the comprehensive plan. The developer understands the stipulation that they are required to install the new sewer line before the city can provide services to the development. When considering a rezone some the questions should be, does the zone fit the area, does it meet the comprehensive plan, does it align with what the city desires to see in that area, and anticipate future growth. City Attorney Rammell advised the City Council to make their decision based on the zone being requested and not necessarily on the project, because at any moment the property owner could sell the (208) 359-3020 35 North 1st East Rexburg, ID 83440 Rexburg.org | Engage.Rexburg.org property, and the new owner could decide to develop the property differently within the zone requirements. He clarified that the correct term is in accordance with the comprehensive plan and not meeting the comprehensive plan. Council Member E. Erickson asked for the maximum allowed density in the Medium Density Residential 2 Zone. P&Z Administrator Parkinson replied the maximum density allowed in MDR 2 is 20 units per acre. The current zone, which is light industrial would allow 60-foot-high buildings. Council Member Chambers moved to approve Ordinance No. 1328 a rezone at 4 W Moody Rd from Light Industrial (LI) to Medium Density Residential 2 (MDR2) and consider first read; Council Member C. Erickson seconded the motion; Council President Walker 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. 13. March 5, 2025, the application was presented to the City Council for a second read. Second Reading: Those items which have been first read: Ordinance No 1328 Rezone 4 W Moody Rd from Light Industrial (LI) to Medium Density Residential 2 (MDR2) #24-01171 – Alan Parkinson Action Item ORDINANCE NO. 1328 Rezone 4 W Moody Rd from Light Industrial (LI) to Medium Density Residential 2 (MDR2) 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 Discussion: Council Member E. Erickson asked why the property owner did not request the rezone all the way up to the freeway. Planning and Zoning Administrator Parkinson stated the property owner has not finalized their plans for that section of property. Council Member E. Erickson moved to approve Ordinance No 1328 Rezone 4 W Moody Rd from Light Industrial (LI) to Medium Density Residential 2 (MDR2 and consider second; 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 C. Erickson Council Member E. Erickson Council President Walker Council Member Reeser The motion carried. 14. March 19, 2025, the application was presented to the City Council for a third and final read. Third Reading: Those items which have been second read: (208) 359-3020 35 North 1st East Rexburg, ID 83440 Rexburg.org | Engage.Rexburg.org Ordinance No 1328 Rezone at 4 W Moody Road from Light Industrial (LI) to Medium Density Residential 2 (MDR2) #24-01171 – Alan Parkinson - Action Item ORDINANCE NO. 1328 Rezone 4 W Moody Rd from Light Industrial (LI) to Medium Density Residential 2 (MDR2) 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. Discussion: Council Member C. Erickson moved to approve Ordinance No 1328 the rezone at 4 W Moody Road from Light Industrial (LI) to Medium Density Residential 2 (MDR2) and consider third 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 Member Reeser Council President Walker The motion carried.