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HomeMy WebLinkAboutSTAFF REPORT - 19-00332 - Approx. 52 N 3rd W - Rezone to Mixed UseCase No. 19 00332 Page 1 SUBJECT: Rezone Application - File #19-00332 APPLICANT: Sorensen Brothers LLC PROPERTY OWNER(S): Michael M Packer, Richard Lewis, Scott A Campbell, Brad Wolfe, Roger Sorensen PURPOSE: The request is to rezone from Light Industrial (LI), Low- Density Residential 2 (LDR2) and Community Business Center (CBC) to Mixed Use (MU). PROPERTY LOCATION: Approximately 52 N 3rd W, 164 W 1st N, 231 W 1st N, and 250 W Main COMPREHENSIVE PLAN: Neighborhood Commercial Mixed Use CURRENT ZONING: LI, LDR2, CBC PROPOSED ZONING: MU SURROUNDING LAND USES North – HDR1 & LI South - CBC East – MU & CBD West – LDR2, MU AND ZONING: APPLICABLE CRITERIA: City of Rexburg Development Code (Ordinance No.1200) § 1.04.020 Amendments to this Ordinance AUTHORITY: § 1.03.080. (D) “The Commission may recommend that the amendment be granted as requested, that it be modified, or that it be denied” I. BACKGROUND March 1, 2012 – Planning & Zoning Meeting – Comprehensive Plan Map Amendment for 250 W Main & 52 North 3rd W 2 spoke in favor, 2 spoke against, and 3 letters were read. Tie Vote at Planning & Zoning Commission with no recommendations. The Rezone was tabled, because it was dependent on City Council’s decision on the Comprehensive Plan Map change. March 7, 2012 – City Council Meeting - Comprehensive Plan Map Amendment for 250 W Main & 52 North 3rd W- 4 letters were read into the record. Representatives from the neighborhood provided input. There is a one-way 16 ft. easement exiting to 1st North. The Council moved to approve the proposal to amend the Comprehensive Plan Map from Moderate-High Density Residential and Light Industrial to Neighborhood Commercial/Mixed Use; 4 voted yes, 2 voted no Community Development Department STAFF REPORT 35 North 1st East Rexburg, ID 83440 Tawnya.grover@rexburg.org www.rexburg.org Phone: 208.359.3020 Fax: 208.359.3022 Case No. 19 00332 Page 2 March 15, 2012 – Planning & Zoning Meeting – 52 N 3rd W - Rezone Low Density Residential 2, Community Business Center, and Light Industrial to Mixed Use 2 was taken off the table. City Council did not feel this was a meaningful industrial parcel. 3 spoke against, 3 letters were read. Motion to recommend the proposal. 2 voted yes, 5 voted no. April 18, 2012 – City Council Meeting – 52 N 3rd W - Rezone Low Density Residential 2, Community Business Center, and Light Industrial to Mixed Use 2. 8 people spoke against. Moved to deny rezone. 5 voted yes, 1 voted no. July 11, 2012 – City Council Meeting – Approx. 245 W 1st N – Comprehensive Plan Map Amendment from Moderate-High Density Residential and Light Industrial to Neighborhood Commercial Mixed Use for 3 properties (2 are Moderate-High Density Residential and 1 property is Light Industrial) including Wolfe Lighting. 3 spoke against, people in the audience opposed stood to show their opposition. Moved to approve this proposal. 3 voted yes, 3 voted no, mayor voted yes to break the tie. Rezone – 245 W 1st N – Rezone 245 W 1st N from Low-Density Residential 2, Community Business Center & Light Industrial to Mixed Use 2. 6 letters were read and a neighborhood petition presented. City Council moved to table the proposal to allow for a formal public hearing on August 8th, 2012. 6 voted yes. August 8, 2012 – City Council Meeting – 245 W 1st N – Rezone – Request to delay the public hearing to allow City Council to have a work meeting to formalize policy on the Infill area policy. Tabled hearing until September 19th. 6 voted yes. September 19, 2012 – City Council Meeting - Rezone 245 W 1st N from Low-Density Residential 2, Community Business Center & Light Industrial to Mixed Use 2. 4 conditions were recommended by Planning & Zoning: 1) Surface parking only; no parking structure, 2) No access on 3rd W, 3) Landscaped area along the frontage of the subject property on 3rd W with a depth of not less than 50’, 4) 36 month sunset clause after which the zoning would revert back if the project does not move forward. 4 spoke in favor, 1 spoke neutral, and 8 spoke against. 1st motion was to deny the proposal, which was rejected with a tie vote and the mayor voted no. 2nd motion was to approve the rezone with the four Planning & Zoning conditions and three additional conditions: 5) Sufficient buffering with landscape for any line of site from a building to a neighboring backyard, 6) 1:1 Ration setback, 7) Allow no more than 16 units/acre. Again, a tie vote, but the mayor voted yes to approve the motion. The Rexburg Development Code allows for the Commission to make recommendations to the City Council regarding whether or not the property should or should not be rezoned based on the criteria found in section §6.13. II. SITE DESCRIPTION RPRRXB10301570 RPRRXB10300010 RPRRXB10300110 RPRRXB10301530 RPRRXB10300855 RPRRXB10300040 RPRRXB10300130 III. ANALYSIS If approved the request will result in changing the zone from Light Industrial (LI), Low-Density Residential 2 (LDR2) and Community Business Center (CBC) to Mixed Use (MU). The request would require the Commission and City Council to review the proposal against one set of criteria, for the request to rezone. Below, staff has provided all the criteria listed by Ordinance No. 1200 (Development Code) that are required to be addressed, followed by staff’s analysis of each criterion. Case No. 19 00332 Page 3 Criteria Rezone Requests (§6.13): a. Be in conformance with the City’s Comprehensive Plan and the City Development Code. The Comprehensive Plan identifies the land use designation for the properties are Neighborhood Commercial Mixed Use. The new zoning fits the Comprehensive Map. b. The capacity of existing public streets, water and sewer facilities, storm drainage facilities, solid waste collection and disposal, and other utilities. See Public Works review. c. The capacity of existing public services, including but not limited to, public safety services, public emergency services, schools, and parks and recreational services. See Public Works review. d. The potential for nuisances or health and safety hazards that may adversely affect adjoining properties. None. The Urban Renewal properties will support the adjacent commercial use. The city-owned properties are already servicing the community. e. Recent changes in land use on adjoining properties or in the neighborhood of the map revision. Rezone Urban Renewal property to Mixed Use NorthWest of Broulims. IV. STAFF RECOMMENDATION Staff requests that Planning and Zoning recommend to City Council to change the above described property from Light Industrial (LI), Low-Density Residential 2 (LDR2) and Community Business Center (CBC) to Mixed Use (MU) if the Commission finds that the request is in the best interest of the neighborhood and the community.