Loading...
HomeMy WebLinkAboutRFD - 25-01158 - Diaz (Birch Property) - Approx 301 S 12th W - Rezone fr LDR1&LDR2 to LDR2&LDR3Reason for Decision 25-01158 – Diaz (Birch Property) - Approx 301 S 12th W – Rezone fr LDR1&LDR2 to LDR2&LDR3 October 24, 2025, An application was received from Marco Diaz to change the zoning map for approximately 301 S 12th W from LDR1&LDR2 to LDR2&LDR3. October 24, 2025, Payment was received for the application. November 4, 2025, Additional paperwork was received and application was accepted. November 4, 2025, Staff reviews were assigned. November 6, 2025, Staff reviews were approved. December 8, 2025, Staff Report was completed. November 14, 2025, Notice was sent to the newspaper to be published November 18, 2025, and November 25, 2025. November 18, 2025, Notice was mailed to surrounding property owners. November 25, 2025, Notice was posted on the property. November 26, 2025, Application meeting date rescheduled to accommodate the necessary Comprehensive Plan Map Amendment. November 26, 2025, Notice was removed from the property. November 26, 2025, Notice was sent to the newspaper to be published December 2, 2025, and December 9, 2025. December 1, 2025, Notice was mailed to surrounding property owners. December 8, 2025, Notice was posted on the property. December 16, 2025, the application was presented to the Planning & Zoning Commission. Public Hearing – (25-01158) Diaz (Birch Property) - Rezone from LDR1&LDR2 to LDR2&LDR3 – Located at approximately 301 S 12th W, the application is to change the zoning map from Low Density Residential 1 (LDR1) and Low Density Residential 2 (LDR2) to Low Density Residential 2 (LDR2) and Low Density Residential 3 (LDR3). – Marco Diaz 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 and Zoning Administrator Parkinson explained that following the recommendation to amend the Comprehensive Plan, the request for a zone change can now be considered. The proposal involves rezoning the front portion of the property from LDR1 to LDR2 and the freeway adjacent portion from LDR2 to LDR3. Applicant Marco Diaz reiterated that his goal is to create a step down pattern in density, starting with LDR3 near the freeway, transitioning to LDR2, and then single family homes further south. He emphasized that the request is not a radical change but a gradual adjustment consistent with previous discussions. Administrator Parkinson confirmed that the application meets all requirements and reviewed key considerations, including traffic impact, emergency access, and utility connections. He noted that developments exceeding 30 single family units will require a second access point and that a public road on the north side will be necessary to provide sewer and water service. Staff clarified that LDR3 zoning allows up to 10 units per acre, including single family homes, duplexes, twin homes, and townhomes, while LDR2 permits single family and duplex/twin homes only. He recommended approval of the zone change request, stating that the applicant has addressed requirements and is preparing for future infrastructure needs. The applicant added that the delay in bringing the proposal forward was due to efforts to secure secondary access and meet city standards. The Commission reviewed the zoning map, which shows surrounding areas with LDR1, LDR2, RR1, and some MDR designations, as well as existing LDR3 zoning nearby. Administrator Parkinson noted that similar zoning patterns exist in adjacent developments such as Summerfield and that the proposed changes align with current growth trends. Administrator Parkinson confirmed that Commissioner Geddes could vote on the rezone, even though she voted against the Comprehensive Plan change. Chairperson Lawrence opened the public input portion of the hearing at 8:25 pm. In Favor: Greg Newkirk, residing at 975 Westwood Drive, spoke in favor of the proposed zone change. He stated that the request is modest and provides a logical transition in density. Mr. Newkirk explained that the plan envisions LDR3 zoning near the freeway for townhomes, tapering to duplexes and possibly single-family homes. He concluded by saying the design is appropriate and fits well with the area. Neutral: none Opposed: Kathy Parson, residing at 298 South 12th West, reiterated her opposition to the zone change. She expressed concern about traffic impacts, noting that she spends significant time outdoors and observes heavy traffic in the area. Mrs. Parson stated that she does not want to lose access to her property and believes the proposed development would worsen congestion. Wanless Southwick, residing at 375 South 12th West, spoke against the proposed zone change. He stated that adding more affordable housing units would increase traffic congestion because residents use roads the same way as those in larger lots. Mr. Southwick argued that placing townhomes near the freeway does not solve traffic problems and expressed concern about the canal along 12th West, which limits the ability to widen the road to five lanes. He explained that the canal cannot be covered due to grade and sediment issues. He stated that making additional east west connections or alternative routes was necessary. Mr. Southwick suggested that approving the zone change now is premature and recommended waiting until a master plan for the entire area is developed. Brent Harris, residing at 1125 Widdison Lane, also opposed the zone change. He urged the Commission to consider the impact on adjacent properties and the need for a coordinated development plan. Mr. Harris noted that future development of neighboring parcels could lead to additional requests for intermediate residential zoning and higher densities. He stressed the importance of planning for adequate ingress and egress, limiting the number of access points to 12th West, and ensuring emergency access. Mr. Harris expressed concern that approving changes without a clear plan for connectivity and infrastructure could repeat past mistakes and create long-term traffic and safety issues. Mike Evans, residing at 2195 West 440 South, reiterated his opposition, stating that long time residents should have a voice in decisions that affect their neighborhood. He expressed concern that incremental zoning changes benefit individual developers at the expense of community stability and quality of life. Leon Parson, residing at 298 South 12th West, compared the situation to “the camel’s nose in the tent,” warning that approving this change could lead to further incremental increases in density. He strongly recommended leaving the zoning as it is to preserve the character of the area. Doug Thompson, residing at 1053 Widdison Lane, spoke against the proposed zone change. He stated that most attendees at the meeting live near the property and have a vested interest in the outcome. Mr. Thompson expressed concern that the proposed LDR3 zoning would allow two-story townhomes, which he believes would negatively impact the area’s scenic views. He noted that LDR2 zoning, similar to what exists in the Summerfield subdivision, would be more appropriate for the neighborhood because it supports family homes while maintaining community character. Mr. Thompson also commented that while traffic noise from the highway is noticeable, residents eventually adapt to it, and he does not believe traffic should be the primary issue. He concluded by stating that families would still choose to live in the area if given the opportunity under appropriate zoning. Charlene Evans, residing at 2195 West 440 South, also voiced opposition. She urged the Commission to visit the area and consider whether the proposed zoning fits the neighborhood’s character. Mrs. Evans emphasized the importance of thoughtful planning and expressed concern that the proposed changes could negatively affect the community. Written Correspondence: All who had written in spoke in person. Rebuttal: Marco Diaz addressed comments from the public and reiterated his intent to provide a well planned development. He agreed with concerns about the need for a comprehensive approach and emphasized that his proposal represents a gradual step up in density rather than a radical change. Mr. Diaz stated that the development will include homes for sale, not rentals, because he believes homeownership promotes pride and better maintenance. He clarified that the project aims to create a mix of housing types, townhomes, twin homes, and single family homes, similar to the Summerfield development, which he views as a successful example. Mr. Diaz explained that he has worked with adjacent property owners, including the Steiner family, to secure agreements for additional access points to minimize traffic impacts. He acknowledged that any change will be disruptive but expressed his willingness to collaborate with neighbors and the city to address concerns and adjust plans as needed. Mr. Diaz concluded by stating that the proposed zoning change from LDR1 to LDR2 and LDR2 to LDR3 is intended to provide housing diversity and affordability while maintaining quality standards. He emphasized that the development will not resemble the Meadows and reiterated his commitment to building a community oriented project that aligns with city planning goals. Chairperson Lawrence closed the public input portion of the hearing at 8:43 pm. Commissioner Discussion: Commissioners reviewed the potential impact of the proposed zone change on housing density. It was noted that according to the staff report, the overall increase would be approximately 40 units compared to current zoning. Chairperson Lawrence emphasized the distinction between the comprehensive plan and zoning, noting that the comprehensive plan represents a long term vision, while zoning determines what can be built immediately. He expressed uncertainty about whether LDR3 is appropriate for the area at this time, despite supporting the earlier comprehensive plan amendment. He stated that while Intermediate Residential is the right direction for future planning, the timing of the rezone may not be ideal given surrounding undeveloped properties. Commissioner Thackeray supported the proposal, citing the adjacent charter school and the need for housing options for young families. He explained that many families are priced out of the market and that townhomes provide an affordable alternative to apartments. Commissioner Thackeray shared that his own experience and observations indicate strong demand for attainable housing in Rexburg. Administrator Parkinson confirmed the location of the charter school and reiterated that infrastructure requirements, including access and traffic mitigation, will be addressed during development review. Commissioner Kempton commented on the nature of planning and development, noting that Rexburg operates within a free market system where property owners and developers make decisions within city guidelines rather than under centralized control. He stated that while a fully coordinated plan would be ideal, it is not practical under the current system. It was suggested that if the Commission is uncomfortable approving LDR3 zoning, an alternative could be to recommend LDR2 for the entire property instead. Commissioner Hanna responded that concerns about timing have been raised repeatedly over the years and argued that progress requires taking the first step. He expressed support for mixed housing and affordable homeownership, stating that the proposed development could serve as the beginning of a new phase of growth on the west side of the highway. Commissioner Hanna compared the concept to successful mixed use communities such as Daybreak in Utah, emphasizing that while the project is smaller in scale, it represents a positive vision for Rexburg’s future. Commissioner Kempton stated that his role as a Commissioner is to balance the rights of property owners with the needs of the surrounding community. He emphasized that while city planning provides a vision through the comprehensive plan, decisions must also consider current residents and their concerns. He noted that he could personally see value in townhomes for individuals like empty nesters but stressed that the Commission’s responsibility is to weigh community impacts against property rights. Chairperson Lawrence added that continuity in growth is important to avoid scattered development and ensure cohesive planning. Commissioner Francis commented that this property has been reviewed multiple times over the years and highlighted the significant housing demand in Rexburg. He noted that starter homes in nearby developments such as Summerfield now cost substantially more than in the past, creating a need for more affordable housing options. He stated that the proposed zone change would allow for townhomes and other attainable housing types, which could help meet this demand and provide opportunities for residents to live closer to the city center where infrastructure already exists. Administrator Parkinson noted that demand for housing in Summerfield remains high, with homes and townhomes selling as quickly as they are built. Commissioner Geddes questioned why the city should not focus on LDR2 zoning, which appears to be in high demand, rather than moving to LDR3. She suggested that LDR2 would meet current housing needs without introducing higher density. Commissioner Thackeray stated there is LDR3 in Summerfield as well. Administrator Parkinson responded that a mix of housing types is necessary because not all residents can afford single family homes or larger lots. Townhomes provide an entry level option for young families and individuals seeking homeownership, often at a cost lower than renting. He emphasized that the proposed development represents a small portion of future growth west of the freeway and that the overall plan anticipates a combination of housing types. Chairperson Lawrence added that the presence of the charter school adjacent to the property influences his decision, as the school provides a buffer and supports the logic of placing higher density housing near major infrastructure. Commissioners acknowledged that additional development north and south of the site is likely and that increased population will accelerate road improvements. Commissioners discussed whether to maintain the applicant’s original request for a zone change from LDR1 to LDR2 and LDR2 to LDR3 or consider an alternative approach with one commissioner suggesting that recommending LDR2 for the entire property could be an option for those uncomfortable with higher density. Attorney Rammell advised clarifying the motion before voting to avoid procedural issues. Commissioners expressed differing opinions: some supported limiting the property to LDR2, while others favored approving LDR3 as requested by the applicant, provided quality standards are maintained. The discussion concluded with acknowledgment that the Commission could make any motion it deemed appropriate, and members prepared to proceed with formal action. MOTION: Motion to recommend City Council approve the zone change from LDR1 to LDR2, so that the entire parcel is LDR2, because it is more compatible with what is in the area even though it is not what is being sought by the developer. Action: Approve, Moved by Randall Kempton, Seconded by ______________. Commissioner Discussion on the Motion: Since the denial of the LDR3 zone request is not in accordance with the newly recommended Comprehensive Plan amendment, Commissioner Kempton withdrew his motion. Commissioner Kempton wanted the record to reflect that the Commissioners are divided and conflicted. MOTION: Motion to recommend City Council approve the rezone for this property from LDR1 to LDR2 and LDR2 to LDR3 because of growth in the area and its accordance with the Comprehensive Plan. Action: Approve, Moved by Brian Thackeray, Seconded by Dan Hanna. VOTE: Motion carried. (Summary: Yes = 4, No = 3, Abstain = 0). Yes: McKay Francis, Brian Thackeray, Vern Muir, Dan Hanna, No: Randall Kempton (Vice Chair), Jim Lawrence, Tammy Geddes Abstain: none December 17, 2025, the application was presented to the City Council. Planning & Zoning recommendation to approve a zone change from Low Density Residential 1 (LDR1) and Low Density Residential 2 (LDR2) to Low Density Residential 2 (LDR2) and Low Density Residential 3 (LDR3) at approximately 301 S 12th W (25-01158). Designated as Ordinance No 1341 if the motion passes and considered 1st read – Alan Parkinson Action Item Council Member E. Erickson moved to deny the zone change from Low Density Residential 1 (LDR1) and Low Density Residential 2 (LDR2) to Low Density Residential 2 (LDR2) and Low Density Residential 3 (LDR3) at approximately 301 S 12th W Comprehensive Plan Map change from Low Residential (LR) to Intermediate Residential (IR) at approximately 301 S 12th W; Council Member Resser seconded the motion; Mayor Merrill asked for a vote: Those voting aye Those voting nay Council Member Johnson none Council Member C. Erickson Council Member E. Erickson Council Member Reeser Council Member Riggins Council President Walker The motion carried. December 18, 2025, the applicant amended the application to request that only the current LDR1 area on the west side of the parcel be rezoned to LDR2. The request to rezone the LDR2 portion to LDR3 portion was withdrawn. December 18, 2025, Notice was sent to the newspaper to be published December 23, 2025, and December 30, 2025. December 23, 2025, Notice was mailed to surrounding property owners. December 30, 2025, Notice was posted on the property. January 8, 2026, the application was presented to the Planning & Zoning Commission. Public Hearing – (25-01158) Diaz (Birch Property) - Rezone from LDR1 to LDR2 – Located at approximately 301 S 12th W, the application is to change the zoning map from Low Density Residential 1 (LDR1) to Low Density Residential 2 (LDR2). – Marco Diaz 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: Administrator Parkinson explained that the request had previously come before the commission to change the eastern portion of the property from Low Residential in the Comprehensive Plan to Intermediate Residential, allowing for the zone to be changed from LDR2 to LDR3, and to change the western half from LDR1 to LDR2. The commission had approved the request and forwarded it to City Council, but the Council rejected it and returned it to the Planning & Zoning Commission for reconsideration. The applicant revised the request to withdraw the comprehensive plan change application and the request to go to LDR3, now seeking only to rezone approximately 6.5 acres on the western side of the parcel to LDR2 to match the existing adjacent zoning. Chairperson Smith inquired about the difference in density between the two zones. Administrator Parkinson confirmed it would allow approximately 12 additional units, and the Charter School would remain in front of the property. Chairperson Smith noted that requests for this property had been presented to the Planning & Zoning Commission multiple times. Chairperson Smith opened the public input portion of the hearing at 6:43 pm. In Favor: none Neutral: Vince Haley, a former commissioner, addressed the commission and shared his opinion regarding traffic concerns on 12th West. He stated that he did not believe there was a traffic problem on 12th West, noting that he observed minimal traffic when driving to the meeting. However, he acknowledged that speeding was an issue and expressed frustration with the traffic lights, having to stop 4 times with each trip into Rexburg. He suggested that linking the lights through the fiber network, as previously discussed by the city and county, could improve the situation. He concluded that his comments applied to the parcel under consideration as well as other parcels on 12th West. Opposed: Brent Harris expressed concern about traffic on 12th West. He disagreed with the previous speaker’s opinion that there was no traffic problem, noting that having to wait through multiple light cycles indicated a traffic issue rather than just a signal timing problem. He stated that additional proposed developments would likely aggravate the situation. While he did not oppose the zoning change itself, he emphasized that traffic impacts needed to be considered and acknowledged that planned improvements were still far in the future. David Higginson expressed concerns about traffic on 12th West and access to the proposed development. He disagreed with earlier statements that there was no traffic problem, noting that congestion occurred during peak times such as 3:00 p.m. and 9:00 a.m. He stated that approving additional developments without addressing the underlying issue of road expansion would worsen the problem. Mr. Higginson requested clarification on how the property would be accessed, questioning whether access would be through nearby subdivisions, the Meadows, or the charter school development. He disagreed with his road, Twisted Willow, being an egress for the proposed development and recommended denying the request until a clear access plan was provided and emphasized the need for a long-term solution to traffic on 12th West. Commissioner Smith clarified that the Planning & Zoning Commission’s position was solely to change the zoning from LDR1 to LDR2 and that no development plan was under consideration at this stage. It was noted that traffic and access issues would be addressed during future reviews when a plan was submitted. Written Correspondence: none Rebuttal: Marco Diaz, the applicant, thanked everyone for their comments and confirmed that the current request was only for a zoning change, not a concept plan. He stated that the City has made it clear this development needs two egresses: one planned for 12th W and one on Twisted Willow, to comply with city and fire codes. He emphasized his commitment to transparency and willingness to meet with neighbors to address concerns. Mr. Diaz acknowledged that any development would increase traffic but noted that he had been working with the city to help expand roads and maintain acceptable service levels. He explained that the original goal was to increase zoning to LDR3, but after City Council’s decision, the revised request to LDR2 was intended as a compromise. He expressed his intent to find a solution that met city requirements and addressed neighborhood concerns. Chairperson Smith closed the public input portion of the hearing at 6:53 pm. Commissioner Discussion: Commissioner Geddes expressed concerns about access if the applicant did not own the properties connecting to Twisted Willow. Administrator Parkinson clarified that it was the applicant’s responsibility to secure a second access point, but those details would be addressed during the plat review stage, not during the current zoning request. The discussion also included clarification that the current traffic level was at a “C” level, while the charter school could potentially reduce it to a “D” level. Administrator Parkinson reiterated that traffic considerations would be addressed in future reviews when plats are submitted. Commissioner Richards discussed traffic concerns and the role of developers and the city in road improvements. It was noted that road widening along 12th West would occur incrementally as parcels developed, in accordance with development code, since municipal bonds for major projects were unlikely. He stated that this was a reasonable request, which would only add approximately 12 additional rooftops, and not many trips per hour. Commissioner Lawrence expressed support for the zoning change and stated confidence in the city engineer’s traffic analysis. He explained that the engineer evaluates traffic during peak hours to determine the level of service and that the commission relies on this expertise when making decisions. He concluded that the request represented a good compromise. Commissioner Kempton stated that the zoning change represented a good compromise and commended Mr. Diaz for engaging with the community. He referenced City Council’s recent discussion, noting concerns about maintaining the integrity of the Comprehensive Plan and avoiding changes in this area at this time. He expressed that the applicant’s revised request for LDR2 was reasonable and voiced support for the proposal. Commissioner Geddes noted that the proposed zoning change maintained appropriate transitions between adjacent zones, avoiding abrupt shifts from low density to high density residential areas. She explained that the approach provided a gradual step between rural and low density zones and expressed her support for LDR2 in this location. MOTION: Motion to recommend City Council approve the rezone of approximately 301 S 12th W, also known as the Birch property, from Low Density Residential 1 (LDR1) to Low Density Residential 2 (LDR2) as it is in accordance with the current Comprehensive Plan and is a good fit for the area and a good compromise. Action: Approve, Moved by Randall Kempton, Seconded by Aaron Richards. Commissioner Discussion on the Motion: none VOTE: Motion carried. (Summary: Yes = 8, No = 0, Abstain = 0). Yes: Randall Kempton (Vice Chair), Sally Smith (Chairperson), Aaron Richards, Jim Lawrence, Bruce Casper, Brian Thackeray, Vern Muir, Tammy Geddes No: none Abstain: none (7:00 pm) January 21, 2026, the application was presented to the City Council. February 4, 2026, the application was presented to the City Council. February 18, 2026, the application was presented to the City Council.