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Home My WebLink AboutRFD - 20-00689 - Professional Plaza St & 242 E Main - Rezone from LDR1 to CBC 1 | Page #20 00689 Rezone Professional Plaza St & 242 E Main – Rezone from LDR1 to CBC 1. September 8, 2020, An application was received for a Rezone from Low-Density Residential 1 (LDR1) to Community Business Center (CBC) for Professional Plaza and 242 E Main in its own case. Staff Reviews were not needed; they had already been done in case 20-00602. 2. September 10, 2020, Notice was sent to the newspaper to be published on September 15th and September 29th. An official notice of the hearing and public hearing instructions were mailed to all adjacent property owners within 350’ of the parcel. 3. September 11, 2020, Notice was posted on the property. Documents were completed and sent to the Commissioners. 4. October 1, 2020, Alan Parkinson presented the application to the Planning & Zoning Commission. 6:40 p.m. - (20-00689) – Rezone from Low-Density Residential 1 (LDR1) to Community Business Center (CBC) - Professional Plaza St & 242 E Main. The Commission requested this proposal come back in a separate hearing. (action) – City of Rexburg Applicant Presentation – City of Rexburg – Alan Parkinson – We had this discussion a little while ago, when the city brought a request before the Commission for a combined rezone of three areas. The Commission requested the proposals be brought back before the Commission separately. Staff has completed this request. The Professional Plaza was originally in the Professional Office Overlay. The city at some point chose to remove the Professional Office Overlay from the Development Code. When they did, the area was reverted back to its original designation of LDR1. In this area, there are mostly professional offices. There are a couple of residences on the southern end that are rentals. The proposal is to zone this area as a Community Business Center commercial zoning. Mixed Use is to the west. There is no residential in this area and it would not meet the residential requirement. Infrastructure is already in place; it is existing. Most of these buildings will stay the way they are long-term. Staff recommends Planning & Zoning recommend to City Council this rezone. 35 North 1st East Rexburg, ID 83440 Phone: 208.359.3020 Fax: 208.359.3022 www.rexburg.org Reason for Decision City of Rexburg 2 | Page Commissioner Questions: Sally Smith asked about when the Professional Office Overlay was removed. The change was ten to fifteen years ago. Did you find any other areas that had a similar problem? Most of the other properties had been changed. The Madison Women’s clinic is another area and some adjacent apartments did not change. Staff has not figured out what to zone Madison Women’s clinic, yet. Community Business Center does not fit in the middle of a neighborhood. Alan believed there were seven areas and these are the remaining areas that did not go to a correct designation. These two areas are believed to have been missed. Sally found it interesting this problem was not caught during the Seasons remodel work. David Pulsipher asked about including the two residential place. The residential homes are part of this same subdivision. The whole subdivision is being included in this request. Greg Blacker asked about what is at 242 East. The property at 242 East was part of the original Professional Office Overlay area, but it is not part of the subdivision. Conflict of Interest? - Chairman Rory Kunz asked the Commissioners if they have a conflict of interest or if they have been approached by any parties relative to this particular subject. If you believe your prior contact with respect to this subject has created a bias, you should recuse yourself, otherwise at this time please indicate the nature of your conversation or contact. None. Chairman Rory Kunz reviewed the public hearing procedures. Written Correspondence: None Favor: None Neutral: None Opposed: None Rebuttal: None Chairman Rory Kunz asked if anyone else would like to speak. He closed the public input portion of the hearing at 6:54p.m. Commissioners Discussion: Vince Haley understands the city wanting to change this area and clear up the problem. He feels the new zoning falls short of a buffer. The zone allows 65’ maximum building height and 0’ setback. There is residential single-family to the east of this proposal. He is against these zones adjacent to each other. Chairman Rory Kunz asked Vince if the setbacks change for commercial when adjacent to commercial. Vince Haley said the side setback is 10’ when adjacent to residential. Vince thinks the rule addresses uses across a street. Alan answered that Vince was correct to a point. A rear yard setback would have to step back the commercial adjacent to residential; he would have to find the specific code. There are requirements for 65’ tall building in someone’s backyard. Vince is guessing this only applies to the rear setback and not the building height. “Transitional Development Standards. Where a lot in any business, commercial, manufacturing, industrial, or public facilities zone borders a residential zone or use, the standards of the residential zone shall apply in regards to setbacks and building heights (3.02.080) .” David Pulsipher has some concerns about this and he compared this area to the Madison Women’s Clinic. He knows this is closer to town and it makes sense to change the area into Community Business Center. He is concerned this opens up the area for more development adjacent to the residential area at a higher level. He wish he had a zoning designation between the two uses, so we didn’t have a Kentucky Fried Chicken or Wendy’s going into this areas. He realized this is not likely, but it would be a permitted use under this zone. If we don’t know what 3 | Page to do with Madison Women’s clinic, this area is very similar to him and should stay as a grandfathered use. The nonconforming zone would protect the neighborhood. Randall Kempton also wants the Residential Business District to stay. He supports David’s previous comment. Sally Smith asked about the regulations for the Professional Office Overlay. Do we know? There has not been any complaints. A Professional Plaza is a good neighbor due to their hours. The people who backed up to these businesses haven’t had a problem with the development. The hours are daytime and business hours. Alan doesn’t know. Chairman Rory Kunz asked Spencer if we could restrict building heights in this area. Attorney Spencer Rammel answered the Commission cannot because building heights are a part of the zone. Aaron Richards asked if there is a 65’ building in Rexburg. Alan said when you exceed 5 stories, you have to use concrete and steel, so your cost of production goes up. Aaron said the construction requirements cause a restriction. David Pulsipher asked would it be possible that someone purchase the road and the lots in the Professional Office Overlay. The properties on the west of this proposal have been built within the last 3-5 years. It is possible, but not probable. Greg Blacker doesn’t have a problem with it; he doesn’t see the property changing right now. He doesn’t see a 65’ building being built. MOTION: Motion to recommend City Council rezone the Professional Plaza and 242 E Main from Low-Density Residential 1 (LDR1) to Community Business Center (CBC) to be more compliant with the city zoning., Action: Approve, Moved by Sally Smith, Seconded by Aaron Richards. Commission Discusses the Motion: Vince Haley reminded the Commission they are voting on the possibility and probability of the highest build out for this zone. Chairman Rory Kunz reflected about one to two individuals showing up and talking about the two lots that are excluded from this application. They were not as concerned about this professional plaza area changing. Jim Lawrence does feel like this is the right zone as a buffer. He agrees there is a possibility. A Residential Business District may be better. Chairman Rory Kunz said the problem with a Residential Business District is there is no Comprehensive Plan Map designation that includes an allowed zone change to Residential Business District. David Pulispher said we have a Residential Business District. Alan was asked to clarify. He said these business do not meet the form of a Residential Business District. David said in a Residential Business District the businesses have to have the look and feel of a home. These businesses do not. Given the Madison Women’s Clinic and this Professional Plaza; we either have to go all one way or leave it in a noncompliant form; he wishes there was a medium step. Vince Haley wanted to read the objectives of the Residential Business District: 1. “A single structure that will function as a part of a greater neighborhood. 2. The architectural design and character will be compatible with that of the surrounding residential environment. 3. Attractive and well-maintained landscaping will also be characteristic of this zone.” Vince Haley said he can see the current buildings don’t meet this. Spencer Rammell said no one is changing to this zone because the buildings have to meet the requirements of the A.D.A. Chairman Rory Kunz reminded the motion has been stated and seconded. The discussion should be focused on this particular motion. David Pulsipher stated Community Business Center is too permissive of a zone for this part of town. He would be opposed to the motion. 4 | Page VOTE: Motion passed (summary: Yes = 5, No = 3, Abstain = 0). Yes: Aaron Richards, Chairman Rory Kunz, Greg Blacker, Randall Kempton, Sally Smith. No: David Pulsipher, Vince Haley, Jim Lawrence. The application will be presented to City Council at their next meeting. Chairman Rory Kunz said if you feel passionate about this proposal, you should show up to the City Council meeting to clarify your statements. 5. October 7, 2020, the application was presented to City Council. 6. Ordinance No 1239 Rezone approximately 242 East Main St and Professional Plaza St from Low Density Residential 1 (LDR1) to Community Business Center (CBC) #20-00689 – Alan Parkinson Planning and Zoning Administrator Parkinson reviewed the rezone request for approximately 242 East Main Street and Professional Plaza Street from Low Density Residential 1 (LDR1) to Community Business Center (CBC) and city staff report. 5 | Page Council Member Johnson moved to approve Ordinance No 1239 the Rezone at approximately 242 East Main St and Professional Plaza St from Low Density Residential 1 (LDR1) to Community Business Center (CBC) Zone and consider first read; Council Member Wolfe seconded the motion; Mayor Merrill asked for a vote: 6 | Page Those voting aye Those voting nay Council Member Wolfe None Council Member Johnson Council Member Mann Council Member Walker Council President Busby The motion carried 6. October 21, 2020, the application was presented to City Council for 2nd Read. a. Ordinance No 1239 Rezone approximately 242 East Main St and Professional Plaza St from Low Density Residential 1 (LDR1) to Community Business Center (CBC) #20-00689 – Alan Parkinson ORDINANCE NO 1239 Rezone Approximately 280 East Main St and Professional Plaza, Rexburg, Idaho to Community Business Center (CBC) 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 1239 Rezone approximately 242 East Main St and Professional Plaza St from Low Density Residential 1 (LDR1) to Community Business Center (CBC) and consider third read; Council Member Flora seconded the motion; Council Member Mann asked for a vote: Those voting aye Those voting nay Council Member Flora None Council Member Johnson Council Member Mann Council Member Walker Council Member Wolfe Council President Busby The motion carried 7 | Page 7. November 4, 2020, the application was presented to City Council for 3rd Read and final approval. a. Ordinance No 1239 Rezone approximately 242 East Main St and Professional Plaza St from Low Density Residential 1 (LDR1) to Community Business Center (CBC) #20-00689 – Alan Parkinson ORDINANCE NO 1239 Rezone Approximately 280 East Main St and Professional Plaza, Rexburg, Idaho to Community Business Center (CBC) 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 1239 Rezone approximately 242 East Main St and Professional Plaza St from Low Density Residential 1 (LDR1) to Community Business Center (CBC) and consider third read; Council Member Flora seconded the motion; Council Member Mann asked for a vote: Those voting aye Those voting nay Council Member Flora None Council Member Johnson Council Member Mann Council Member Walker Council Member Wolfe Council President Busby The motion carried