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Home My WebLink AboutSTAFF REPORT - 25-00039 - Yellowstone Heights - 238 & 243 Ella Ln- Rezone fr MDR1 to MDR2 supporting documentation(208) 359-3020 35 North 1st East Rexburg, ID 83440 Rexburg.org | Engage.Rexburg.org Staff Report (208) 359-3020 35 North 1st East Rexburg, ID 83440 Rexburg.org | Engage.Rexburg.org Planning and Zoning Staff Report CASE NUMBER: 25-00039 CASE NAME: Yellowstone Heights – 238 & 243 Ella Ln - Rezone fr MDR1 to MDR2 APPLICANT: Jared Killpack with New Peak Construction Company PROPERTY OWNER(S): New Peak Construction Company PURPOSE: Change the Zoning Map PROPERTY LOCATION: Approx. 238 & 243 Ella Ln COMPREHENSIVE PLAN: Intermediate Residential CURRENT ZONING: Medium Density Residential 1 (MDR1) PROPOSED ZONING: Medium Density Residential 2 (MDR2) AUTHORITY: §1.03.010 (A) “The Commission shall have the authority to consider and recommend to the Council ordinances, amendments thereto, and repeal of ordinances affecting zoning, planning, and building within the City of Rexburg” Summary of Information to consider with this request: • The property has been platted. Half of the property is currently vacant, while the other has been developed into condominiums. • The request applies to approximately 3.002 acres. • The adjacent parcels are zoned as Medium Density Residential 1 (MDR1) and Community Business Center (CBC). • A total of 42 hearing notifications were mailed to surrounding property owners. • Pending public testimony, staff asks that the Planning & Zoning Commission consider recommending that City Council approve the application. (208) 359-3020 35 North 1st East Rexburg, ID 83440 Rexburg.org | Engage.Rexburg.org Project Description The applicant is requesting to change the zoning of the Yellowstone Heights subdivision from Medium Density Residential 1 (MDR1) to Medium Density Residential 2 (MDR2). The request applies to approximately 3.002 acres and is located at approximately 238 & 243 Ella Lane. The property has been platted for condominiums and currently consists of two 12-plex condominium buildings. The adjacent parcels to the east are zoned as Medium Density Residential 1 (MDR1). The areas to the north, south, and west are zoned as Community Business Center (CBC). (See attached current zoning map) The current zoning of Medium Density Residential 1 (MDR1) allows for a maximum density of 16 units per acre, consisting of attached single-family homes, multi-family, or a dormitory with a Conditional Use Permit (CUP). The proposed zoning of Medium Density Residential 2 (MDR2) allows for a maximum density of 20 units per acre, consisting of attached single-family homes, multi-family, or a dormitory with a Conditional Use Permit (CUP). Not considering parking, infrastructure, or permissible lot coverage requirements, a maximum of 60 units would be allowed on this property. The current Comprehensive Plan designation of Intermediate Residential supports the Medium Density Residential 2 (MDR2) zone request. Applicable Laws and Codes State Statutes: §67-65, §67-8003 City of Rexburg Ordinance 1200 Development Code Considerations for Approval In evaluating requests for amendments, the Commission shall consider the following: 1. The request’s conformance with the City’s Development Code. 2. The request’s conformance with the City’s Comprehensive Plan. 3. The capacity of existing public streets, water and sewer facilities, storm drainage facilities, solid waste collection and disposal, and other utilities. 4. The capacity of existing public services, including but not limited to, public safety services, public emergency services, schools, parks and recreational services. (208) 359-3020 35 North 1st East Rexburg, ID 83440 Rexburg.org | Engage.Rexburg.org 5. The potential for nuisances or health and safety hazards that may adversely affect adjoining properties. 6. Recent changes in land use on adjoining properties or in the neighborhood of the map revision. Land use impacts that may need to be mitigated by conditions include the following: 1. An increase in daily or peak hour traffic. 2. A change in circulation patterns on or around the property. 3. A significant increase in the demand for parking. 4. A change in the density of people on site. 5. Expansion of the hours of operation. 6. Any increased environmental impact, such as noise or air pollutions; offensive odors; excessive illumination or glare, etc. Analysis/Potential Impacts/Recommendation 1. The request’s conformance with the City’s Development Code. Staff have determined that the request meets the City’s Development Code requirements. (See Staff Approval Summary) 2. The request’s conformance with the City’s Comprehensive Plan. Staff have determined that the request meets the City’s Comprehensive Plan requirements. (See Staff Approval Summary) 3. The capacity of existing public streets, water and sewer facilities, storm drainage facilities, solid waste collection and disposal, and other utilities. Public Works has approved the request. (See Staff Approval Summary) 4. The capacity of existing public services, including but not limited to, public safety services, public emergency services, schools, parks and recreational services. Public Works has approved the request. (See Staff Approval Summary) 5. The potential for nuisances or health and safety hazards that may adversely affect adjoining properties. None identified. 6. Recent changes in land use on adjoining properties or in the neighborhood of the map revision. The Yellowstone Heights Condominium Development First Amended Plat was recorded August 29, 2023. The Comprehensive Plan designation was updated to Intermediate residential in a City wide Comprehensive Plan Map amendment recorded August 8, 2019. The Kenneth Square subdivision, located immediately east of the property, was recorded (208) 359-3020 35 North 1st East Rexburg, ID 83440 Rexburg.org | Engage.Rexburg.org October 3, 2017. To the north, Thomson Farms Phase 1, 2, and 3 were recorded December 16, 2018. The Grover Subdivision, Teton River Lofts, and Teton River Flats PUD located near 7th N were rezoned as MDR2 in March of 2019. Staff recommends that pending public testimony, the Planning & Zoning Commission recommend to City Council to rezone the above described property from Medium Density Residential 1 (MDR1) to Medium Density Residential 2 (MDR2). Decision Options The Planning & Zoning Commission may recommend Approval of the application, recommend Approval with Conditions, or recommend Denial of the application. Attachments 1. Permit Application Summary (PA SUMMARY) 2. Warranty Deed(s)/Legal Description(s) 3. Record of Survey 4. Vicinity Map(s) 5. Current Zoning Map(s) 6. Current Comprehensive Plan Map(s) 7. Staff Review Summary 8. Staff Approval Summary 9. Receipt(s) of Payment 10. Hearing Publication Mailing 11. Posting Pictures (208) 359-3020 35 North 1st East Rexburg, ID 83440 Rexburg.org | Engage.Rexburg.org Permit Application Summary (PA Summary) Application Summary Application Number: 25-00039 LU-REZONE - Rezone Received Date: 01/23/2025 RX00243 ELLA Address: 243 Ella Ln Property Information 243 Ella Ln People Information Applicant - JARED KILLPACK 4733 HEADS UP RD NPRXPERMITS@NEWPEAKCC.COM TETONIA, ID 83452 Home: 8334007325Mobile: 3077603204 Owner - JARED KILLPACK 866 North 4th Street LARAMIE, WY 82072 Page 1 of 3Print Date: 01/23/2025 Application Summary Application Number: 25-00039 LU-REZONE - Rezone Received Date: 01/23/2025 RX00243 ELLA Address: 243 Ella Ln Application Information Detail Description Quantity Value Intermediate ResidentialWhat is the current designation for the parcel(s) on the Comprehensive Plan Map? 1.00How many TOTAL LOTS are represented on the rezone? YDoes the proposed zone match the Summary Table of Appropriate Land Uses for each Comprehensive Plan Map Designation? How does the proposed change achieve or further promote the overall objectives of the Comprehensive Plan? The proposed change has the potential to advance the objectives of the Comprehensive Plan by promoting sustainable development, ensuring housing affordability, enhancing economic opportunities, and fostering diversity and community well-being. By aligning with these goals, the change can create a more vibrant, inclusive, and resilient community, ultimately benefiting all residents. 2.31How many TOTAL ACRES are to be rezoned? 2.31 YIs the site large enough to accommodate the proposed uses, parking and buffering required? Medium Density Residential 1What is the land's current zone? MDR1 What is the requested zone? MDR2 How is the property now used? 2 12 PLEX CONDO UNIT AND OPEN AREA FOR PHASE 2 What use, building or structure is intended for the property? 2- 12 PLEX CONDO UNITS YAre there any existing land uses in the area similar to proposed use? What are the similar uses and where are they located? THOMSON FARMS AND TETON RIVER LOFTS LLC YAre water and sewer facilities, streets, fire and police presently serving the area? On what street(s) does the property have frontage? YELLOWSTONE HWY AND ELLA LANE Currently subdividedIs the land currently subdivided or will it be subdivided? Additional Comments Page 2 of 3Print Date: 01/23/2025 Application Summary Application Number: 25-00039 LU-REZONE - Rezone Received Date: 01/23/2025 RX00243 ELLA Address: 243 Ella Ln Fee Information Fee Code & Description Amount $800.00Land Use Rezone Application Fee (LU-RZNAPP) $85.00Engineering - Plan Review & Inspections (ENGFEWRK) $300.00Hearing Publication w/ Map $300 (LU-PUBWMP) $1,185.00 Payment Information Payment AmountTender Type Reference InfoPayment Date Page 3 of 3Print Date: 01/23/2025 (208) 359-3020 35 North 1st East Rexburg, ID 83440 Rexburg.org | Engage.Rexburg.org Warranty Deed(s) Legal Description(s) (208) 359-3020 35 North 1st East Rexburg, ID 83440 Rexburg.org | Engage.Rexburg.org Record of Survey (208) 359-3020 35 North 1st East Rexburg, ID 83440 Rexburg.org | Engage.Rexburg.org Vicinity Map(s) 870 N 2nd E 756 N 2nd E 250 American St 245 American St 270 American St 840 N 2nd E 868 N Yellowstone Hwy 295 Ella Ln 310 Ella Ln 243 Ella Ln 238 Ella Ln RPR7YHC0010000 MRGIS This map is a user generated static output from the Madison-Rexburg Parcel Map Viewer and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. THIS MAP IS NOT TO BE USED FOR NAVIGATION Legend Jurisdiction Rexburg Rexburg Madison Cnty Madison Parcels Addresses Notes (25-00039) Yellowstone Heights - 238 & 243 Ella Ln- Rezone fr MDR1 to MDR2± Vicinity Map (25-00039) Print generated:30.01.2025 (208) 359-3020 35 North 1st East Rexburg, ID 83440 Rexburg.org | Engage.Rexburg.org Current Zoning Map(s) 870 N 2nd E 756 N 2nd E 250 American St 245 American St 270 American St 840 N 2nd E 868 N Yellowstone Hwy 295 Ella Ln 310 Ella Ln 243 Ella Ln 238 Ella Ln RPR7YHC0010000 MRGIS This map is a user generated static output from the Madison-Rexburg Parcel Map Viewer and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. THIS MAP IS NOT TO BE USED FOR NAVIGATION Legend Jurisdiction Rexburg Rexburg Madison Cnty Madison Parcels ZONINGCODE Medium Density Community Business Heavy Industrial Public Facilities Addresses Notes (25-00039) Yellowstone Heights - 238 & 243 Ella Ln- Rezone fr MDR1 to MDR2± Zoning Map (25-00039) Print generated:30.01.2025 (208) 359-3020 35 North 1st East Rexburg, ID 83440 Rexburg.org | Engage.Rexburg.org Current Comprehensive Plan Map(s) RPR7YHC0010000 MRGIS This map is a user generated static output from the Madison-Rexburg Parcel Map Viewer and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. THIS MAP IS NOT TO BE USED FOR NAVIGATION Legend Jurisdiction Rexburg Rexburg Madison Cnty Madison Parcels DESCRIPTION Intermediate Residential Commercial Notes (25-00039) Yellowstone Heights - 238 & 243 Ella Ln - Rezone fr MDR1 to MDR2± Comp Plan Map (25-00039) Print generated:19.02.2025 (208) 359-3020 35 North 1st East Rexburg, ID 83440 Rexburg.org | Engage.Rexburg.org Staff Review Summary City Staff Review Summary Application Status: Review Application Number: 25-00039 Rezone Applicant Details Yellowstone Heights - 243 Ella Ln - Rezone fr MDR1 to MDR2 Application Reviewed Date: 01/24/2025 Applicant: JARED KILLPACK Address: 243 Ella Ln Property Owner(s) JARED KILLPACK NEW PEAK CONSTRUCTION COMPANY LLC Property Details PROPERTY ID LOCATION 243 Ella Ln Parcel Size : 2.31 acres Authority § 6.13 (E) "The Commission may recommend that the amendment be granted as requested, that it be modified, or that it be denied" City Staff Reviews Completed 01/27/2025--- GIS-Boundary Review Completed 01/24/2025--- P&Z - Zoning & Neighbor Compatibility Review Completed 01/27/2025--- Public Works-Supporting Infrastructure Review Page 1 of 1Report Date: 01/29/2025 11:13 am (208) 359-3020 35 North 1st East Rexburg, ID 83440 Rexburg.org | Engage.Rexburg.org Staff Approval Summary Case Comments Summary Status: NOTICE 25-00039 - Rezone Yellowstone Heights - 238 & 243 Ella Ln - Rezone fr MDR1 to MDR2 Application Details Application Date: January 23, 2025 4733 HEADS UP RD, TETONIA, ID, 83452Applicant: JARED KILLPACK 866 North 4th Street, LARAMIE, WY, 82072Owner: JARED KILLPACK PO BOX 2285, LARAMIE, WY, 82073Owner: New Peak Construction Company Property Details PARCEL ID NUMBER LOCATION 243 Ella Ln Workflow (Reviews & Inspections) 01/23/2025INCOMPLETEApplication Complete (Katie Saurey) Need clarification on area/parcels to be rezoned and need legal description(s) for area to be rezoned. DigitalIs the owner information filled out on the application? Added New Peak Construction Company LLC as owner per Parcel Viewer. DigitalIs the applicant information filled out on the application? Not ApplicableIs the Affadavit of Legal Interest form filled out and notarized? NoIs a legal description provided of overall area? YesHas the "PA-Application Report" been saved to the Laserfiche folder? NoHas the address been updated with valid parcel number and XY coordinates? Total area/parcels to be rezoned not indicated in application. NoIs the data group information accurate and clear? If not, has the applicant bee NoWere plans submitted at time of application? YesHas the Laserfiche WebLink folder been linked in the comments? YesVerify Case contact information (Applicant, Engineer, & Architect) YesIs Proof of Ownership required? (LLC) Not Applicable(PLAT Only) Have Landscape Plans been submitted? Not Applicable(PLAT Only) Have CC&Rs been submitted? NoHas a SURVEY from a Professional Surveyor been submitted? (Lot Line Changes) Report Date: 02/19/2025 8:32 am Page 1 of 3 Case Comments Summary Status: NOTICE 25-00039 - Rezone Yellowstone Heights - 238 & 243 Ella Ln - Rezone fr MDR1 to MDR2 Workflow (Reviews & Inspections) 01/24/2025ACCEPTEDApplication Complete (Katie Saurey) DigitalIs the owner information filled out on the application? Added New Peak Construction Company LLC as owner per Parcel Viewer. DigitalIs the applicant information filled out on the application? Not ApplicableIs the Affadavit of Legal Interest form filled out and notarized? PhysicalIs a legal description provided of overall area? Legal description taken from plat boundary. YesHas the "PA-Application Report" been saved to the Laserfiche folder? NoHas the address been updated with valid parcel number and XY coordinates? Total area/parcels to be rezoned not indicated in application. YesIs the data group information accurate and clear? If not, has the applicant bee NoWere plans submitted at time of application? YesHas the Laserfiche WebLink folder been linked in the comments? YesVerify Case contact information (Applicant, Engineer, & Architect) YesIs Proof of Ownership required? (LLC) Not Applicable(PLAT Only) Have Landscape Plans been submitted? Not Applicable(PLAT Only) Have CC&Rs been submitted? NoHas a SURVEY from a Professional Surveyor been submitted? (Lot Line Changes) 01/23/2025PAIDFee Paid (Katie Saurey) 01/24/2025VIAPORTALDOCUMENTS SUBMITTED (Katie Saurey) 01/27/2025APPROVD-IN--- GIS-Boundary Review (Gregory Schneider) ApprovedDoes the boundary close to State Standards? (1:5000) ApprovedDoes the boundary fit with adjacent parcels and section breakdown? ApprovedDoes the owner on the application match the owner of record for the parcel? 01/24/2025APPROVD-IN--- P&Z - Zoning & Neighbor Compatibility Review (Alan Parkinson) ApprovedIs the extent and nature of the amendment requested clearly described? ApprovedDoes the proposed zone for parcel match use applicant is requesting? ApprovedDoes the proposed use and zoning match the comprehensive plan map? ApprovedAppplicant's statements relating proposal and comprehensive plan ApprovedIs the proposed change compatible with the surrounding area and zoning? ApprovedPotential nuisances, health and safety hazards ApprovedRecent changes in surrounding land 01/27/2025APPROVD-IN--- Public Works-Supporting Infrastructure Review (Keith Davidson) YesAre there available public facilities to service the parcel? YesCan needed access and easement requirements be met? YesCan storm drainage requirements be addressed? YesIs there capacity for water and sewer facilities to service parcel when needed? YesCan utilities access the parcel? 01/29/2025APPROVEDREVIEW CYCLE - REZONE (Katie Saurey) 01/30/2025APPROVED(All Reviews Completed) Staff Review Summary sent to Applicant (Katie Saure NOT COMPLETEDStaff Report () 01/30/2025NOTICE-CMPPLANNING & ZONING HEARING NOTICE (Katie Saurey) YesHas a Hearing Publication Form been sent to GIS & City Clerk? 02/05/2025COMPLETEDCity Clerk Writes Notice (Deborah Lovejoy) Has the Notice been signed? Has the Notice been stamped? Report Date: 02/19/2025 8:32 am Page 2 of 3 Case Comments Summary Status: NOTICE 25-00039 - Rezone Yellowstone Heights - 238 & 243 Ella Ln - Rezone fr MDR1 to MDR2 Workflow (Reviews & Inspections) 02/03/2025COMPLETEDGIS Publication Map (Gregory Schneider) NOT COMPLETEDCheck Newspaper Notice for Publication () 02/06/2025COMPLETEDCity Clerk sends Notice to Newspaper (Deborah Lovejoy) Has a proof been received from the newspaper? Has a P.O. been obtained for the price of the newspaper notice? 02/06/2025COMPLETEDCity Clerk Posting of Notice (Deborah Lovejoy) Has the Notice been posted on the front and rear bulletin boards of City Hall? Has the Laserfiche Doc for the Notice been digitally filed? Has a link to the Laserfiche doc been created in permit? Has a copy of the Notice been sent to P&Z Assistant? 02/18/2025COMPLETEDMail to property owners (350 feet) (PUD - 500 ft.) (Katie Saurey) Mailed notices 2/14/25 NOT COMPLETEDNotify Applicant of Meeting () NOT COMPLETEDPost Notice on Parcels () NOT COMPLETEDDocuments sent to P&Z Commission & Applicant () NOT COMPLETEDSet Agenda and Send to P&Z Commission () NOT COMPLETEDP&Z COMMISSIONER (action) - MEETING () NOT COMPLETEDFindings of Fact/Reason for Decision Completed & Added to File () NOT COMPLETEDItem Placed on City Council Agenda () NOT COMPLETEDNotify Applicant of Meeting () NOT COMPLETEDOrdinance or Resolution Prep () NOT COMPLETEDCity Clerk prepares Docs for City Council () NOT COMPLETEDCITY COUNCIL (action) - MEETING () NOT COMPLETEDCity Clerk publishes Ordinance Summary in newspaper () NOT COMPLETEDReason for Decision - City Council Update () NOT COMPLETEDSend RFD to Applicant - Notify of Decision () NOT COMPLETEDRecord Document(s) with Madison County () NOT COMPLETEDCity Clerk files recorded Ordinance/Resolution () NOT COMPLETEDGIS Map and/or Document is Updated () NOT COMPLETEDIssued/Final () Case Comments 01/23/2025 [Permit Documents|https://laserfiche.rexburg.org/WebLink/Browse.aspx?id=663924]|| [Public Hearing Notice|https://laserfiche.rexburg.org/WebLink/DocView.aspx?id=665218] Report Date: 02/19/2025 8:32 am Page 3 of 3 (208) 359-3020 35 North 1st East Rexburg, ID 83440 Rexburg.org | Engage.Rexburg.org Receipt(s) of Payment RECEIPT Printed Date: 01/23/2025 Permit Details Permit Number: 25-00039 Yellowstone Heights - 243 Ella Ln - Rezone fr MDR1 to MDR2 243 Ella Ln Rezone Payer Information Paid By:New Peak Construction PO Box 2285 Work : 833-400-7325 Laramie WY, 82073 Paid With:CHECK # #25795 16972Receipt # : 01/23/2025Payment Date : Payment Details FEE CODE FEE DESCRIPTION RECEIPT CODEACCOUNT # PAYMENT AMOUNT $85.00ENGFEWRKEngineering - Plan Review & Inspections PWRF01428-3097 $300.00LU-PUBWMP Hearing Publication w/ Map $300 PZ01417-3092 $800.00LU-RZNAPP Land Use Rezone Application Fee PZ01417-3092 Total Payment Amount : $1,185.00 Please contact the P&Z Coordinator at (208) 359-3020 with any further questions about this receipt ***Credit card payments are accepted, but are subject to a 3% convenience fee on payment amounts over $500*** Page 1 of 1 (208) 359-3020 35 North 1st East Rexburg, ID 83440 Rexburg.org | Engage.Rexburg.org Hearing Publication & Mailing (208) 359-3020 35 North 1st East Rexburg, ID 83440 Rexburg.org | Engage.Rexburg.org Picture(s) of Notice Posted on Parcel(s) (208) 359-3020 35 North 1st East Rexburg, ID 83440 Rexburg.org | Engage.Rexburg.org Planning & Zoning Minutes (208) 359-3020 35 North 1st East Rexburg, ID 83440 Rexburg.org | Engage.Rexburg.org City Council Minutes