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HomeMy WebLinkAboutRFD - 25-00437 – Gem Prep Rexburg – Approx 301 S 12th W - CUP(208) 359-3020 35 North 1st East Rexburg, ID 83440 Rexburg.org | Engage.Rexburg.org Reason for Decision 25-00437 – Gem Prep Rexburg – Approx 301 S 12th W - CUP 1. May 8, 2025, An application was received for a CUP from Stephen Orosz for Gem Prep Rexburg 2. May 8, 2025, Application paperwork was completed. 3. May 8, 2025, Payment was received for the application. 4. May 8, 2025, Staff Reviews were assigned. 5. May 13, 2025, Staff Reviews were completed. 6. May 19, 2025, Notice was sent to the newspaper to be published on May 23, 2025 & May 27, 2025. 7. May 22, 2025, Staff Report was completed. 8. May 19, 2025, Notice was mailed to all property owners within 350’. 9. May 22, 2025, Notice was posted on the property. 10. June 5, 2025, the application was presented to the Planning & Zoning Commission. Public Hearing – (25-00437) Gem Prep Rexburg – Approx 301 S 12th W - CUP – Located at approximately 301 S 12th W, the application is to allow a school in a Low Density Residential 1 (LDR1) zone. – Gem Prep Rexburg (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: The applicant and CEO, Jason Bransford, introduced the school, stating it would be the first charter school in Rexburg. He explained that charter schools are public, tuition free schools. The focus of Gem Prep is on college preparations and having all graduates obtain their associates degree by graduation. This would be the 9th campus. Gem Prep plans to open with grades K-8, then expand to high school grades in the next four years. When the school is fully grown, K-12, they expect 574 students and 40 full time staff. Charter schools don’t have access to local bonds or levies, so if approved, Gem Prep would serve students without additional tax support. There have been many conversations and attempts to reach out to neighbors in an effort to be a good neighbor. Once the school is up and running, the community can utilize the campus. Predicted school times are 8:00 am through 3:30 pm, with early outs on Wednesdays. (208) 359-3020 35 North 1st East Rexburg, ID 83440 Rexburg.org | Engage.Rexburg.org Mr. Bransford acknowledged that a main concern when opening a school is the traffic. With the experience of opening other schools, they have developed strategies to create positive experiences which include: a traffic impact study was completed and submitted to the city; being a K-12 campus, there is a high degree of carpooling since all children can be dropped off at one location; bussing is offered; car queuing designed to prevent stacked cars from spilling onto the road. Bill Hadlock with Paradigm Design expanded on the site plan, showing the proposed locations of buildings, playgrounds, parking and circulation patterns. He indicated that the irrigation canals will be relocated or reconfigured as required if the conditional use permit is approved. He explained that the northern parking pod is used by driving students, the front parking pod is for staff and visitors, there is a separate pod for bus traffic, and the drop off/pick up design will accommodate over 100 cars stacked at a single time. They plan for more parking spaces than the city requires, based on their experience. He touched on 12th W improvements, which include street lighting, widening, curb and gutter, and sidewalks. Chairperson Smith asked if the school year is year-round. Mr. Bransford replied that it is approximately 9 months of the year, similar to the local public school. Chairperson Smith asked the anticipated size of the building. Mr. Hadlock replied 45,000 square feet on 13 acres, before any dedication to the city. Chairperson Smith inquired about where the older children are when not on campus, as previously mentioned. Mr. Bransford answered that most do college courses, either on a college campus or online. Commissioner Lawrence asked what would be done to protect students from the canal. Mr. Hadlock replied that fencing and storm water management basins would be installed, securing the canals to not allow student access. Commissioner Geddes inquired about the site plan and proposed traffic patterns. Mr. Hadlock reviewed site plan design, including proposed acceleration and deceleration lanes. Commissioner Thackeray asked how the school plans to address congestion in the area since it is near other schools. Mr. Bransford replied that the school is relatively small compared to the others and the events are much smaller, which should not have a significant impact on the area. They do plan to stagger grades for events such as back to school. If there are issues, they will coordinate with the local school district. Planning and Zoning Administrator Parkinson presented the staff report, showing the location on the map. He verified that the applicant will only be widening 12th West along their property line. Commissioner Muir asked what would happen with the rest of the (208) 359-3020 35 North 1st East Rexburg, ID 83440 Rexburg.org | Engage.Rexburg.org parcel, if the school is only using a portion of it. Administrator Parkinson replied that there were no set plans for it at this time. Administrator Parkinson indicated that staff has reviewed the application and the city does have the capacity to service it. The application meets staff requirements for a conditional use permit. If the conditional use permit is approved, staff will review the traffic impact study with the building application, and all staff requirements for building and infrastructure will need to be met. Administrator Parkinson informed the audience that Madison County is working on extending University Blvd to 3000 W this year, which will help alleviate traffic from the high school. Commissioner Geddes added that the potential overpass at 7th S would also alleviate traffic if it comes to fruition. Chairperson Smith opened the public input portion of the hearing at 7:12 pm. Attorney Rammell reminded those in attendance that this is not a Q&A with the applicant, and to keep the record clean, the applicant can list the questions they’d like to respond to and do so in the rebuttal portion. He asked that those speaking use the microphone to keep the record clear. Favor: Emily Park believes in charter schools. She is a substitute teacher and has worked with the gifted and talented programs and thinks a charter school is the answer for kids that either don’t qualify or are over qualified for the gifted and talented program, those who age out, and those who still want to do other activities and get an associates degree in high school. She mentioned that she thinks there are misconceptions that charter schools are costly and difficult and they are not. In her experience, the charter school felt more like family since it was a choice to be there and those involved put in effort to be there. Alyssa Jones shared that she moved from Chicago, a giant city, three years ago, where her children attended a small private school, to Rexburg, which is a small city with gigantic schools. She indicated the charter school would provide additional capacity for population growth as well as an alternative for gifted, talented, and vulnerable students. She supported keeping School Choice funds in our community and having options for schooling where kids can flourish. Rexburg is kind and if we can combine the kind kids with educated kids they could change the world. Ryan Turner is a BYU-I student who wishes he could have attended a school like Gem Prep to prepare him for college. He genuinely believes that Gem Prep is a better school in general. Online: 823659 (Jodi Weimer) asked about the relocation of the ditch and if water rights would be affected. Administrator Parkinson replied that if the conditional use permit is approved, the applicant will work with the canal company to ensure that water rights (208) 359-3020 35 North 1st East Rexburg, ID 83440 Rexburg.org | Engage.Rexburg.org continue. She also asked if special educational opportunities were offered at the charter school. Mr. Bransford confirmed a full spectrum of special education was available, as well as extracurricular activities such as music. David Higginson believes this is an excellent addition to the City of Rexburg, but doesn’t think it is a good location due to traffic concerns. He stated 12th W is a busy street that is very impacted by neighboring schools. He appreciates the mitigation put together for the project, but wants to have the streets and roads fixed before this is approved. He urged the P&Z Commission to not recommend the application to City Council until the road problem was solved. Neutral: Brent Harris stated that from an engineering standpoint, he believes the conditional use permit should not be issued until the traffic impact study is approved and the canal company is on board with the relocation. He listed some questions, including how future operating grants will be guaranteed, the specifics on the canal relocation, and if the property has been purchased from the Birch family. He voiced his support for the school and location but thinks the issues regarding traffic and the canal should be resolved prior to approving the conditional use permit. Chairperson Smith commented that staff have reviewed the criteria for the application and they will be resolved prior to building. Attorney Rammell advised that requiring certain expenses prior to issuing a conditional use permit could be a regulatory taking. He stated there is a collaborative effort between the applicant and staff to discuss and mitigate issues. The Commission was reminded that the Planning and Zoning Commission has the power to place provisions, set by ordinance, on the application. Vince Haley started by stating that he does not feel there is a traffic problem on 12th W, except for approximately 30 minutes each day. He clarified he had no experience with charter schools, as he and his children had only attended public schools. He noted that 12th W was designed to handle high traffic volume and he does not want to pay for it to be built out and would rather the developers pay for it. In discussions with his wife, they were unable to identify a better location for the project. He stated he was not strongly in favor or opposed to the project, noting there could be worse neighbors to have in that area. Leon Parson showed his house on the map and shared that they have previously lost portions of their yard and driveway with roadwork. He expressed concerns with the location of the sidewalk on his side of the road that would require his shed to be relocated. He asked for clarification on previous discussion that included pointing towards his property. Administrator Parkinson specified that any updates to the west side of the road would be with the owners consent in the future. Mr. Parson supported the idea of the school but shared that his wife strongly opposed it because of the traffic. He expressed excitement that an overpass at 7th S was being looked at to open up the bottleneck of traffic. Opposed: none (208) 359-3020 35 North 1st East Rexburg, ID 83440 Rexburg.org | Engage.Rexburg.org Written Correspondence: 11 letters with time to read. Rebuttal: Per Attorney Rammell, rebuttal to be held after the public hearing was closed. Chairperson Smith closed the public input portion of the hearing at 7:45 pm. Rebuttal: Mr. Bransford addressed the question regarding the school’s funding model, clarifying that the grant would be raised to cover one-time expenses such as technology and furniture while average daily attendance funds from the state would cover ongoing operations. Mr. Hadlock addressed relocating the canals and reworking how they cross under the street. Commissioner Discussion: Commissioner Richards noted that this tract of land had come before the P&Z Commission several times in the past few years. He stated he appreciated Vince Haley’s comments and has had similar experiences since renting a house nearby. Commissioner Richards remarked that the community rarely approves bonds and does not support funding roads through bonds. The developer paying for the infrastructure is working. He commented on his family’s experience with private schools and feels that charter schools are a good balance between public and private and are exactly what the community needs. He expressed his support in recommending the application be approved by City Council. Commissioner Lawrence agreed with Commissioner Richards. As a transportation engineer, he does not believe that the road is at capacity yet. He supports expansion of infrastructure happening through development. Commissioner Thackeray touched on 12th West being a little inconvenient at times but has never found it traffic unruly. He believes having additional access to 12th West will mitigate traffic flow issues. His concerns were addressed, and he was ready to recommend approval of the proposal. Commissioner Lawrence noted that the addition of University Blvd to 3000 W from the high school would also help a lot with traffic. Commissioner Johnson agreed that the flow and timing of traffic, as well as the widening of 12th West will mitigate the traffic concerns. She supports the application. MOTION: Motion to recommend City Council approve the application of Gem Prep Rexburg CUP at 301 South 12th West if all legal problems or ramifications are complete. Action: Approve, Moved by Bruce Casper, Seconded by Aaron Richards. Commissioner Discussion on the Motion: Attorney Rammell asked Commissioner Casper to clarify what he meant by legal conditions. Commissioner Casper replied he meant the canal and road issues. Attorney Rammell and Chairperson Smith both confirmed that staff would handle those requirements. (208) 359-3020 35 North 1st East Rexburg, ID 83440 Rexburg.org | Engage.Rexburg.org VOTE: Motion carried. (Summary: Yes = 9, No = 0, Abstain = 0). Yes: Sally Smith (Chairperson), Aaron Richards, Jim Lawrence, Bruce Casper, Vanessa Johnson, Vern Muir, Dan Hanna, Tammy Geddes, Brian Thackeray No: none Abstain: none 11. June 25, 2025, application was presented to City Council. Planning & Zoning recommendation to approve the Conditional Use Permit (CUP) to allow a school in a Low Density Residential 1 (LDR1) zone located at 301 S 12th W #25- 00437 – Alan Parkinson Action Item P&Z Administrator Parkinson reported a Gem Prep Charter School representative approached city staff about looking for a location in Rexburg to build a charter school. They identified the Birch property on 12th West as a suitable location that met their criteria. The Gem Prep representative met with city staff and presented their preliminary plans, which included how they intended to manage traffic flow and vehicle stacking on the property. These plans were presented during a public hearing before the Planning and Zoning Commission. The only significant concern raised during the hearing was related to traffic. Overall, there was general support for the school, and the Planning and Zoning Commission recommended the project for approval by the City Council. Council Member E. Erickson asked whether a traffic study had been conducted. P&Z Administrator Parkinson responded that the study had already been submitted, but a few items were sent back for additional clarification. Council Member E. Erickson raised specific concerns about the south entrance to the property, where it bordered a canal. The narrow bridge over the canal and the lack of a turn lane on 12th West were seen as potential bottlenecks for traffic entering from both directions. P&Z Administrator Parkinson explained that they submitted a site plan illustrating a dedicated entrance for buses and a double-lane vehicle stacking area accommodating up to 104 cars. Student drivers would park in a designated lot. The traffic impact study was expected to evaluate whether modifications such as a turn lane or bridge widening were necessary. The canal might be placed in a culvert or moved east to create room for road improvements that complied with city standards. (208) 359-3020 35 North 1st East Rexburg, ID 83440 Rexburg.org | Engage.Rexburg.org Council Member Johnson expressed her concerns about the overall impact of traffic in that area, particularly during peak hours. It was noted that 12th West already experienced congestion during school hours, and the addition of a school would only worsen the issue. She expressed concern about pedestrian safety, particularly due to the lack of sidewalks. P&Z Administrator Parkinson emphasized that while the road was not currently at capacity, it would need to be upgraded over time. Development along 12th West would continue regardless of the school, and all developers would be required to follow traffic study recommendations. Council Member E. Erickson asked whether the charter school would be exempt from property taxes. City Clerk Lovejoy confirmed that under Idaho statute 63-602E, charter schools were property tax- exempt. Discussion also included concerns about the proximity of homes to the roadway and how future road widening might affect property owners. P&Z Administrator Parkinson explained that while some properties might lose yard space, they would still meet zoning setback requirements and remain in compliance. He said he spoke directly with the affected property owners, including Leon Parson, and while not all were happy with the changes, they expressed understanding of the necessity. The traffic study was confirmed to have been conducted while school was in session to capture accurate traffic patterns. Council Member C. Erickson agreed that improvements at the intersection of 12th West and Main Street (Highway 33) should be a priority and that additional pressure should be put on the Idaho Transportation Department to fund those changes. He noted that the county is planning to extend University Boulevard to 3000 West, which could help alleviate some of the traffic issues in the future. P&Z Administrator Parkinson said that while the school project raised concerns, particularly regarding traffic, road improvements would eventually be required regardless of this specific development. (208) 359-3020 35 North 1st East Rexburg, ID 83440 Rexburg.org | Engage.Rexburg.org Daivd Higginson noted that no one had spoken in favor of the proposal during that hearing and that all public input focused on concerns about the streets. He emphasized that the residents were not necessarily opposed to the school itself, but rather expressed concerns about the impact of adding a 600-student school to an already overburdened road. He said he had hoped to appeal to the City Council to take meaningful action to address the street issues. City Attorney Rammell said due to Mr. Higginson’s comment and the applicant being present. The applicant should have an opportunity to respond to the comment made by Mr. Higginson. Jason Bransford introduced himself as the Chief Executive Officer of Gem Prep Schools. He explained that Gem Prep operated seven schools across the state of Idaho. While he acknowledged that letters opposing the school had been submitted prior to the Planning and Zoning hearing, he clarified that the only live public comments received during that hearing were either supportive or neutral. He stated that most people were excited about the new school and emphasized that they were doing everything possible within their available resources to address traffic concerns. Mr. Bransford explained that Gem Prep was a public school, funded similarly to traditional public schools in Idaho, but without access to local bond and levy funds. Unlike traditional schools, charter schools did not receive supplemental funding from local taxpayers, which means they built and operated their facilities without increasing the local debt burden. He highlighted that charter schools, including those under Gem Prep, helped expand educational capacity in communities without requiring additional taxpayer-funded bonds. He also noted that Gem Prep schools consistently ranked among the top ten schools in the state and expressed confidence that the proposed school would continue that standard of excellence. Council Member Johnson stated that she would be voting against the motion—not because she opposed the school itself, but because the plan failed to address the larger traffic issue. She emphasized that the primary concern was not how to get cars on and off 12th West, but how to move them to their final destinations afterward. She believed that the plan did not resolve this issue. Council Member E. Erickson acknowledged that he had initially been undecided but, after reviewing the letters and testimony submitted to the Planning and Zoning Commission, he did not perceive overwhelming opposition from residents. He leaned toward supporting the proposal and expressed confidence in the city staff to resolve the traffic concerns on 12th West. Council Member Chambers moved to approve the Conditional Use Permit (CUP) to allow a school in a Low Density Residential 1 (LDR1) zone located at 301 S 12th W; Council President Walker seconded the motion; Mayor Merrill 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 President Walker The motion carried.