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Home My WebLink AboutREASON FOR DECISION - 18-00141 - Approx. 300 E 7th N - RezoneReason for DecisionaE%a°R° hyo �9 T��r�-++CITY OF City of Rexburg o+ 0 REXB V C CW 35 North 10 East Phone: 208.359.3020 America's Family Communit. Rexburg, ID 83440 www.rexburg.org Fax: 208.359.3022 Rezone 18-00141 Approx. 300 E 71' N From Commercial to Medium Density Residential 1 March 14, 2018, Application was received for a rezone of the property at approximately 300 E 7' N. The Comprehensive plan map amendment application and rezone application were submitted on the same day, with hope of them following each other on the agendas for the same meeting schedule. Staff determined the Comprehensive Plan Amendment must precede the rezone. Applicant was notified. 2. Bryce Dorion, the applicant, coordinated with two neighboring parcels to make the change to the entire area. The Grover family (386 E 7' N), Nolan G. Stott (297 E 7h N) and David Salvesen (315 E 7' N) submitted affidavits of legal interest. 3. March 27, 2018, Notice was sent to the local newspaper to be published on April 10' and April 24' for the May 3, 2018 meeting at 6:35PM. 4. April 12, 2018, Notice was mailed to buffering properties. 5. April 16, 2018, Staff review notes were sent to the applicant. 6. April 26, 2018, Notice was posted on the property. 7. May 3, 2018, the request for rezone was heard by the Planning & Zoning Commission. Roll Call of Planning and Zoning Commissioners: Greg Blacker, John Bowen, Darrik Farmer, Melanie Davenport, Mark Rudd, Heidi Christensen, Rory Kunz, Kristi Anderson, and Steve Oakey. Craig Rindlisbacher identified the parcels near the water tank. The request is to rezone, following the Comprehensive Plan Change recommended to City Council by the Commission in the previous meeting. The proposal is to rezone to MDR1. No questions for clarification. Chairman Heidi Christensen opened the public input portion of the hearing at 6:42 PM. Favor: None Neutral: None Opposed: None Written Input: None Rebuttal: None Chairman Heidi Christensen closed the public input portion of the hearing at 6:42 PM. She invited staff to report. Page 1 of 4 Craig says staff supports this change. It is the same zone as the neighbors. It makes sense to have this as a residential zone. Steve made a motion to recommend to City Council to pass the rezone based on staffs approval, the zone requested is the same as the neighbors, and it makes sense to have this parcel as a residential zone as described by Craig. Rory seconded. VOTE: None opposed. 8. City Council was presented Ordinance No 1186 —18-00141 a rezone from Community Business Center (CBC) to Medium Density Residential 1 (MDR1) at approximately 300 E 7 th N in the City of Rexburg on May 16, 2018 at City Council. City Planner Rindlisbacher reviewed the rezone at approximately 300 East 7s' North. A map of the location was viewed on the overhead screen. The property is a total of three parcels. The rezone was recommended by city staff and Planning and Zoning. Council Member Wolfe moved to approve the Rezone at approximately 300 East 7`" North to Medium Density Residential 1 (MDR -1); Council Member Walker seconded the motion; Mayor Merrill asked for a vote: Those voting ave Those voting nay Council Member Flora Council Member Mann Council Member Wolfe Council Member Walker Council President Smith The motion carried Page 2 of 4 -- \ ) REXBURG ORDINANCE NO. 1166 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. BE 1'I' ORDAINED BY the City of Rexburg, Idaho SECTION I: 17tat the zoning map of the City of Rexburg, Idaho, which is filed with the city clerk thereof, be, and the same is hereby amended and changed to provide that the hereinafter described property situated in the City of Rexburg, Madison County, State of Idaho, regarding 418 00141) to rezone the property at approximately 300 Bast 7ih North &Oto COnunonity Business Center (CBC) to Medium Density Residential 1 (h1URl) in the City of Rexburg, Madison County, Idaho. The said property is located it 300 East T" North in Rexburg, Madison County, Idaho, and more particularly described as follows: Legal Description: Commencing at a point that is North 89031'39" East 695 feet from the Southwest corner of Section 17, Township 6 North, Range 40 East, Boise Meridian, Madison County, Idaho, and running thence North 0028'31" West 141 feet; thence North 89°31'39" East 62 feet; thence South 11°28'21" Fast 141 feet; thence South 89031'39" West 62 feet to the point of beginning. Less county road. ALSO: Commencing it a point 346.5 feet West of the Southeast cornet of the Southwest Quarter of the Southwest Quitter of Section 17, Township 6 North, Range 40 1?aur, Boise Meridian, Madison County, Idaho, and running thence West 216.5 feet; thence North 141 feet thence West 62 feet; thence North 83 feet; thence West 15 feet; thence North 210 feet; thence Bast 29.3.5 feet; thence South 434 feet to the point of beginning. At such hearing the Planting and Zoning Commission will hear all persons and all objections and recommendation relative to such proposed permits. The City Clerk will also accept written comments at City Nall prior to 4:00 p.m. on May 2"a 2018. 'Phis notice is given pursuant to the provisions of Section 67-6508, 67-6509 and 67-6511 Idaho Code, and all amendments thereof. SECTION II: That a new zoning map showing these amendments shall be certified to and declared to be the official zoning map of the City of Rexburg by passage of this Ordinance by the City Council of the City of Rexburg. SECTION III:'Ihis ordinance shall become effective upon its passage, approval and publication. Instrument # 416612 RE%BURG, MADISON, IDAHO 5-2E-2018 07:07:47 PM No. of Pages: J Recorded for: CITY OF REXBURG KIM H. MUIR Fee: 0.00 Ex -Officio Recorder DePoIY PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR on this IL day of May, 2018. ATrEST- MaA2nna Gonzale a - STATE OF IDAHO) )as. County of Madison ) aefty Merrig fayot I, MARIANNA GONZALEZ, Deputy City Clerk of the city of Rexburg, Idaho, do hereby certify: That the above and foregoing is a full, true and correct copy of the Ordinance Entitled: 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. PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR on this Jjj a day of MSy, 2018. ` Mahanna Gonzalez, Deputy CityC`l'rk erk 1 l Attachment Map 7th N. Zone Charge: From CBC to MDR7 eeya, xme pCblOb acb�me� Qtb YORI e x uom Or+�. E0e`b ow. ebm'dn Comprehensive Plan Map Amendment 18-00140 Approx. 300 E 71' N From Commercial to Low to Moderate Density Residential 1. March 14, 2018 Application was received to change the Comprehensive Plan Map from Commercial to Low to Moderate Density Residential and fees were paid. 2. March 27, 2018, Notice was sent to the paper to be published on April 3, 2018, and April IT', 2018. 3. April 11, 2018, Notice was mailed to adjacent landowners. Development Review Committee reviews were sent to applicant. 4. April 12, 2018, Notice was posted on the property. 5. April 19, 2018, Stephen Zollinger, City Attorney, presented the application to the Planning & Zoning Commission. 6:40 p.m. (#18-00140) to change the Comprehensive Plan Map from Neighborhood Commercial to Medium to High Density Residential at approximately 300 East 7' North. Stephen Zollinger spoke for the applicant. The parcel was identified on the map. Tawnya said Bryce Dorion owns the property on the Commissioners map. In order to prevent spot zoning, the City asked Bryce to coordinate with the neighbors to bring them all in on this comprehensive plan map change. The water tower creates the buffer between the Medium Density Residential and the Commercial zones to the West. The infrastructure is in place. We have the capacity. Some upsizing of the infrastructure may be needed. Staff recommends approval based on this will not negatively impact the City to develop in this area. Chairman Rory Kunz opened the public input portion of the hearing at 6:46 PM. Favor: None Neutral: Ray McDougall — 427 Stegelmeier — He is not opposed to the zone change. Be cautious with more traffic from 7' N onto 2' East. He recommends a plan at this intersection. The intersection is becoming increasingly dangerous. Opposed: None Page 3 of 4 Written Input: None Rebuttal: None Stephen Zollinger responded. The City is well aware of the traffic issues on this expanded intersection since relocating Wal-Mart. Multiple conversations have been happening between ITD and the City. They are working on redesigning an intersection that would resolve the railroad intersection that has created some problems. A cut across at a different section is being deternvrted. Chairman Rory Kunz closed the public input portion of the hearing at 6:49 PM. ICJ Motion: Motion to recommend to City Council to pass the request as recorded for purposes of a continuous zoning transition as requested by the property owners, Action: Approve, Moved by Steve Oakey, Seconded by Bruce Sutherland. 0 Vote: Motion carried by unanimous roll call vote (summary: Yea = 8). Yea: Bruce Sutherland, Melanie Davenport, Greg Blacker, Steve Oakey, Darrik Farmer, Gil Shirley, Rory Kunz, Kristi Anderson. Page 4 of 4