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Home My WebLink AboutDOCUMENTS - 07-00069 - 4th N - Rezone from MDR1 to CBCJR WA, WMM NO, & ASSOCIATES Architecture & Interior Design Phone (208) 359 -2309 Fax (208) 359 -2271 1152 Bond Avenue Suite A Rexburg, ID 83440 www.i rwa.co m November 2, 2006 Rexburg Planning and Zoning 12 North Center Street Rexburg, Idaho 83440 ATTN: Emily Abe ,* RE: Walker Subdivision Property Dear Emily, Area As Owner and Agent of the property being re -zoned by the City of Rexburg, I approve of the process by which the re- zoning and amending of the comprehensive plan is occurring. I appreciate the City's response to the matter. S ere , y R. atson It NOV 22006 CITY OF REXBURG Qualifications Certified By. N.C.A.R.B. - National Council of Architectural Registration Boards 9 4 North Rezone • Lots 4, 5, and 6 of Block 1; Lots 1, 2, and 3 and the area labeled "Rexburg Canal" of Bock 2; Also, A tract of land beginning at the Southeast Corner of the Walker Addition, Division #2; thence N00 °01'37 "E 63.40 feet to the point of beginning; Thence N00°O1'37"E 472.11 feet; thence N64 °20'11 "W 231.64 feet; thence S83 °09'27 "W 575.55 feet; thence S00 °16'15 "E 306.64 feet; thence S15 °43'43 "W 161.34 feet; thence N81 0 08'26 "E 27.65 feet; thence S87 °17'1WE 200.97 feet; thence N89 °08'49 "E 398.96 feet; thence S77 °41'56 "E 199.85 feet to the point of beginning. 0 0 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN, that a Public Hearing will be held before the City Council of the City of Rexburg, Idaho, Wednesday, May 02, 2007, at 7:20 p.m., in the City Council Chambers of the City Building at 12 North Center, Rexburg, Idaho, regarding a zone change from Medium Density Residential One (MDR1) to Community Business Center (CBC). The city code governing this request is ORDINANCE No. 926 "DEVELOPMENT CODE OF THE CITY OF REXBURG, IDAHO" (ADOPTED FEBRUARY 16th, 2005) and Amended June 21, 2005 On April 05, 2007, The Planning and Zoning Commission recommended changing the zone on the proposed properties from Medium Density Residential 1 (MDR1) to Community Business Center (CBC). The said parcels are located adjacent to Barney Dairy Road and 4 North between 3 rd East and 6th East in Rexburg, Madison County, Idaho, and more particularly described as follows: Lots 4, 5, and 6 of Block 1; Lots 1, 2, and 3 and the area labeled "Rexburg Canal" of Bock 2; Also, A tract of land beginning at the Southeast Corner of the Walker Addition, Division #2; thence N00'01'37E 63.40 feet to the point of beginning; Thence N00 °01'37E 472.11 feet; thence N64 °20'1 1 "W 231.64 feet; thence S83 °09'27 "W 575.55 feet; thence S00 °16'15 "E 306.64 feet; thence S 15 °43'43 "W 161.34 feet; thence N81 °08'26 "E 27.65 feet; thence S87 0 17'10 "E 200.97 feet; thence N89 °08'49 "E 398.96 feet; thence S77 0 41'56 "E 199.85 feet to the point of beginning. At such hearing the City Council will hear all persons and all objections and recommendations relative to such proposed permit. The City Clerk will also accept written comments at City Hall prior to 4:00 p.m. on May 01 2007. This notice is given pursuant to the provisions of Section 67 -6509 and 67 -6511 Idaho Code, and all amendments thereof. DATED This 08 day of April, 2007. 4 4pRAT CITY OF REXBURG By Blair D. Kay, City Clark Published: April 10, 2007 April 28 2007 6 9 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN, that a Public Hearing will be held before the Planning & Zoning Commission of the City of Rexburg, Idaho, Thursday, April 05, 2007, at 7:15 p.m., in the City Council Chambers of the City Building at 12 North Center, Rexburg, Idaho, regarding a zone change from Medium Density Residential One (MDR1) to Community Business Center (CBC). The city code governing this request is ORDINANCE No. 926 "DEVELOPMENT CODE OF THE CITY OF REXBURG, IDAHO" (ADOPTED FEBRUARY 16th, 2005) and Amended June 21, 2005 The said parcels are located adjacent to Barney Dairy Road and North of Barney Dairy Road between 3rd East and 5th East in Rexburg, Madison County, Idaho, and more particularly described as follows: Lots 4, 5, and 6 of Block l; Lots 1, 2, and 3 and the area labeled "Rexburg Canal" of Bock 2; Also, A tract of land beginning at the Southeast Corner of the Walker Addition, Division #2; thence N00 °01'37 "E 63.40 feet to the point of beginning; Thence N00 °01'37 "E 472.11 feet; thence N64'20'1 FW 231.64 feet; thence S83 °09'27 "W 575.55 feet; thence S00 °16' 15 "E 306.64 feet; thence S15 °43'43 "W 161.34 feet; thence N8 1'08'26'T- 27.65 feet; thence S87 °17' 10 "E 200.97 feet; thence N89 °08'49 "E 398.96 feet; thence S77 °41'56 "E 199.85 feet to the point of beginning. At such hearing the Planning & Zoning Commission will hear all persons and all objections and recommendations relative to such proposed permit. The City Clerk will also accept written comments at City Hall prior to 4:00 p.m. on April 04th, 2007. This notice is given pursuant to the provisions of Section 67 -6509 and 67 -6511 Idaho Code, and all amendments thereof. DATED this 09t day of March, 2007. CITY OF REXBURG B Blair D. Kay, City Clerk _ Published: March 20t 2007 March 31St, 2007 0 0 Findings of Fact City of Rexburg 12 North Center Phone: 208.359.3020 Rexburg, ID 83440 www.rexburg.org Fax: 208.359.3022 U CITY OF REXBURG Ow America's Family Community 4 North Rezone 1. On March 9, 2007, the City Clerk sent the Notice of Public Hearing to be published in the local newspaper for March 20, 2007 and March 31, 2007. A notice was posted on the property and sent to all property owners within 300 feet of the property. 2. On April 5, 2007, Gary Leikness presented to the Planning & Zoning Commission for the City of Rexburg the Request for a Rezone of the Walker Addition property along e North from Medium Density Residential 1 to Community Business Center. Mary Ann Mounts motioned to recommend to City Council to change the zone on the proposed properties from Medium Density Residential 1 (MDR1) to Community Business Center (CBC). Dan Hanna seconded the motion. Chairman Dyer abstained, since he was employed by the previous developer. None opposed. Motion carried. 3. On May 02, 2007 City Attorney Stephen Zollinger presented the proposal to rezone property north of Madison High School from MDR1 to CBC. He reviewed the property on the overhead screen. The current owner is Johnny Watson. The property was originally zoned as commercial; apartment complexes were proposed in this area so zoning was changed to MDR1 conditioned upon the apartment complexes being completed, otherwise the zoning should revert back to Commercial. The project was not completed and the zoning did not change back to commercial as discussed. It is requested to change this area back to commercial at this time. Planning and Zoning recommended the property be rezoned to commercial. Those in favor: NONE Those neutral: NONE Those opposed: NONE Mayor Larsen closed the public hearing. Council Member Erickson said this is something that already should have happened; it just fell through the cracks. Council Member Stevens moved to accept the rezone request from MDR1 to CBC. Council Member Erickson seconded the motion. All voted aye, none, opposed. The motion carried. 0 • Planning and Zoning Department QXB STAFF REPORT --. -.. _...._....._.. _�-r_ " RE UI�G m, Ow 12 North Center garyl@rexburg.org Phone: 208.359.3020 x314 +� Ainerica Family Community Rexburg, ID 83440 www.rexburg.org Fax: 208.359.3024 SUBJECT: Rezoning Application, file # 07 00069 APPLICANT: City of Rexburg PROPERTY OWNER(S): Watson Johnny R ETUX 1152 Bond Ave Rexburg, ID 83440 Teton Radiology Diagnostic LLC 2440 E 25th St Cir Idaho Falls, ID 83404 SH Property LLC 3510 W 1000 N Rexburg, ID 83440 First American Title P.O. Box 580 Blackfoot, ID 83221 City of Rexburg 12 North Center Rexburg, ID 83440 PURPOSE: Request to rezone area from MDR1 to CBC. PROPERTY LOCATION: See Exhibit A PROPERTY ID: RPROOOW2010050, RPROOOW2010060, RPROOOW2020030, RPROOOW20 I ROAD, RPROOOW201CNAL, RPRXBCA0204731, RPRXBCA0204750 COMPREHENSIVE PLAN: CURRENT ZONING: PROPOSED ZONING: SORROUNDING LAND USES AND ZONING: Commercial Medium Density Residential 1 (MDR1) Community Business Center (CBC) North River /Open Space, Open Space Zone Case No. 0 00069 Page I 0 East Agricultural, TAG2 South School, LDR2 West Commercial, CBC • APPLICABLE CRITERIA: City of Rexburg Development Code (Ordinance Code 926) § 6.14 Amendments to this Ordinance AUTHORITY § 6.14 (E) "The Commission may recommend that the amendment be granted as requested, that it be modified, or that it be denied" I. BACKGROUND The application is a request that the City rezone the subject property from Medium Density Residential 1 (MDR1) to Community Business Center (CBC). The general difference between these zones is that one is a commercial zone (being requested) and the other is a residential zone. Recently, the Commission recommended, and the Council adopted, a change to the City's comprehensive plan map or preferred land use map, to allow future commercial uses for the property. This change in the comprehensive plan map allows for the future zone changes in the area to be of a commercial nature. IN this case, the CBC zone is being requested and is consistent with the contiguous commercial zoning to the west. The Rexburg Development code allows for the Commission to make recommendations to the City Council regarding whether or not property should or should not be rezoned based on the criteria found in section § 6.14 (E)(1). II. SITE DESCRIPTION The site is located at the end of E 4 North, a dead -end street. The total area involved in this re- zoning request is approximately 13 acres including public rights -of -way. There are seven tax lots involved in this request with all being used or constructed for commercial purposes. The surrounding area is generally comprised of river and canal to the north and south, agriculture to the east, and commercial to the west. III. ANALYSIS The following criteria are to used for evaluating the request to rezone. The criteria are followed by staff's analysis. a. Be in conformance with the City's Comprehensive Plan The comprehensive plan map, or preferred land use map, designates the subject property as Commercial. A zoning designation of CBC is an allowed zone within Commercial land use designation; therefore, this criterion is met. b. The capacity of existing public streets, water and sewer facilities, storm drainage facilities, solid waste collection and disposal, and other utilities. The proposal is for an area of existing and functioning infrastructure. This criterion is therefore met. c. The capacity of existing public services, including but not limited to, public safety services, public emergency services, schools, and parks and recreational services.. The area currently has access to all public services described, therefore this criterion is met. Case No. 0 00069 Page 2 • d. The potential for nuisances or health and safety hazards that may adversely affect adjoining properties. It is not anticipated that the proposed zoning of CBC will have impacts on surrounding property, in that any development proposed in the subject area will be subject to all current City setback, landscape, design standards, engineering standards, etc. which are designed to mitigate potential impacts. This criterion is therefore met. e. Recent changes inland use on adjoining properties or in the neighborhood of the map revision. Land uses in the area and the surrounding areas are generally stable, except that commercial buildings have been constructed in this area and to the west. The proposed zoning of CBC is similar in nature to what has been constructed to the west (CBC zone). Based on this information, this criterion is met. IV. STAFF RECOMMENDATION Staff recommends that the Commission take public testimony, and determine if the proposed re- zoning request satisfies the above criteria. Should the Commission find that the criteria are met, then a recommendation of approval should be made to the City Council. Case No. 0 00069 Page 3 EXHIBIT A Boundary Map of Area to be Rezoned Case No. 0 00069 Page 4 N 0 125 250 500 Feet W E S