HomeMy WebLinkAboutREASON FOR DECISION - 18-00709 - 150 E 2nd N - Rezone
Rezone 18-00709
150 E 2nd N
From Community Business Center (CBC) to Mixed Use (MU)
1. December 14, 2018, A request for rezone From Community Business Center (CBC) to
Mixed Use (MU) was received from Cy Hepworth.
2. January 3, 2019, fees were paid for the application and the legal description for the property
was received.
3. January 7, 2019, Notice was sent to the paper to rezone the property for the Planning &
Zoning meeting on February 7, 2019, to be published January 22nd and February 1st, 2019.
4. January 15, 2019, A Staff Review Summary was sent to Cy Hepworth.
5. January 17, 2019, a notice with public hearing procedures was sent out to all neighboring
parcel owners within 350’ by mail.
6. January 30, 2019, the notice was posted on the property.
7. February 5, 2019, an agenda was send to Cy asking him to present his application. Tawnya
also sent Cy the completed Staff Report.
8. February 7, 2019, a hearing is held before the Planning & Zoning Commission.
(#18-00709) – 150 E 2nd N – Rezone from
Community Business Center (CBC) to Mixed
Use (MU). There is no Mixed Use zoning
adjacent to this parcel or in this area of the city.
Surrounding parcels are Community Business
Center (CBC) and in close proximity to Low
Density Residential 2 (LDR2). (action)
Attorney Zollinger presented the property as a
residential home directly west of the Bank of
Commerce. The home is sandwiched between a
commercial driveway and the back of Claire and
Dee’s. The home is currently a single-family home. The properties to the west are all single-
family homes. The applicant is requesting the property be rezoned to Mixed Use. The
infrastructure is not an issue. Staff does not have a problem with the zoning part of the
35 North 1st East
Rexburg, ID 83440
Phone: 208.359.3020
Fax: 208.359.3022
www.rexburg.org
Reason for Decision
City of Rexburg
property, however, Staff felt the dormitory use is not consistent with the uses in this area
causing some concern.
Commissioner Oakey recognized the change would drop down the allowable building
height. As currently zoned, CBC allows a 65’ maximum building height and Mixed Use
would drop this down to 55’. Attorney Zollinger clarified Mixed Use is the designed
interface between commercial and residential zones.
Commissioner Esplin asked if the property is big enough for apartments. This comment
will need to be brought up in the CUP request. Commissioner Oakey referred to the staff
report. The comments thereon do not enthusiastically recommend this change. Attorney
Zollinger responded there is possibly a miscommunication due to two public hearings on
this property at the same time and the fact this zoning is a desirable buffer between
commercial and residential. Chairman Melanie Davenport asked if this change would be
considered a spot zone. Attorney Zollinger responded this is a good buffer between
commercial and residential; it does not constitute spot zoning. Commissioner Haley
referred to the Staff Report language of “spot zoning.” Dormitory housing is not allowed in
the CBC zones. Commissioner Esplin asked for the definition of dormitory housing.
Attorney Zollinger answered, dormitory housing is a congregate-type space with shared
kitchen and amenities.
Chairman Melanie Davenport opened the public input portion of the hearing at
6:50p.m.
Favor: None
Neutral: None
Opposed: None
Written Input: None
Rebuttal: None
Chairman Davenport closed the public input portion of the hearing 6:51p.m.
Commissioner Steve Oakey sees this as a down-zone; he doesn’t see a problem. He
suggests the staff should be more clear about the stand on the matter. Commissioner
Keith Esplin asked if everyone within 350’ was notified? They have been notified. The
property was also posted with the notice. Commissioner Greg Blacker asked about the
illegal size of a parcel for this zone. The property is already non-conforming in size as the
property is only 6,000 square feet. The parcel is already nonconforming in the CBC zone.
Commissioner Steve Oakey does not believe this is a good residential home with the
commercial projects around the home. He believes the group is denying the applicant the
value of his property.
MOTION: Moved to recommend the City Council approve the zone change
from Community Business Center (CBC) to Mixed Use (MU), because it provides a
good buffer from the commercial to the residential east of the property., Action:
Motion, Moved by Vince Haley, Seconded by Keith Esplin.
VOTE: Motion carried by unanimous roll call vote (summary: Yes = 7).
Yes: Greg Blacker, Keith Esplin, Kristi Anderson, Melanie Davenport, Steve Oakey,
Todd Marx, Vince Haley.
City Council Meeting – March 20, 2019
Ordinance No. 1207 #18-00709 – Rezone 150 E 2nd N from Central Business Center
(CBC) to Mixed Use (MU) Zone
ORDINANCE NO. 1207
Rezone 150 East 2nd North, Rexburg, Idaho to Mixed Use (MU)
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.
Council Member Walker moved to approve Ordinance No. 1207 to Rezone at
approximately 150 E 2nd N from Central Business Center (CBC) to Mixed Use (MU) Zone
and consider third read; Council Member Busby seconded the motion; Mayor Merrill asked
for a vote:
Those voting aye Those voting nay
Council Member Flora None
Council Member Wolfe
Council Member Walker
Council Member Busby
Council Member Mann
Council President Smith
The motion carried