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Home My WebLink AboutRFD - 20-00781 - 376 W 4th S - Rezone to HDR1 #20 00781 Rezone to HDR1 376 W 4th S 1. October 5, 2020, A complete application was received for a Rezone from Community Business Center (CBC) to High-Density Residential 1 (HDR1) from Dan Smith for 376 W 4th S. 2. October 19, 2020, The Staff Review Summary was sent to Dan Smith. Notice was sent to the newspaper to publish on November 3rd and November 10th, 2020. 3. October 28, 2020, An official notice of the hearing and public hearing instructions were mailed to all adjacent property owners within 350’ of the parcel. 4. November 3, 2020, The newspaper made a mistake and did not publish. The notice was amended and resent to the newspaper. The applicant was notified of the mistake. 5. November 5, 2020, An official notice of the hearing and public hearing instructions were mailed to all adjacent property owners within 350’ of the parcel. Notice was posted on the property on W 4th S. Documents were completed and sent to the Commissioners. 6. November 25, 2020, An agenda for the Planning & Zoning meeting was sent to Dan Smith. 7. December 3, 2020, Amanda Smith presented the application to the Planning & Zoning Commission. 6:45PM - (20-00781) – 376 W 4th S - Rezone from Community Business Center (CBC) to High Density Residential 1 (HDR1) – A Comprehensive Plan Map designation change was recently approved for medium to high density residential, including this parcel. (action) –Amanda Smith Applicant Presentation – Amanda Smith –16 Veraz, Rancho Mission Viejo, California – Her husband and she recently purchased the house. In escrow, they discovered the home was zoned for commercial. For anyone to live in the home, the house would need to be rezoned to residential. Commissioner Questions: Chairman Rory Kunz asked where the home is located. It is on the corner of W 4th S and S 4th W. Alan said the home was the old State Farm Insurance building. Rory said the home has been used for residential for at least nine (9) years. Then, was State Farm for two years. Was anyone living in the building when you bought it? She knows someone was using it for insurance before her purchase; she doesn’t know how long this use was happening. 35 North 1st East Rexburg, ID 83440 Phone: 208.359.3020 Fax: 208.359.3022 www.rexburg.org Reason for Decision City of Rexburg Staff Report: Planning & Zoning – Alan Parkinson – The property in the past was commercial. The whole area was Comprehensive Planned commercial. The designation was changed by the city to Medium to High Density Residential. At that point, the Smiths approached the city and wanted to turn the home into a residence. Staff told her due to the zone of Community Business Center (CBC), the property would need a rezone. Staff believes this is a use supported for this area. Utilities and services are in place for the residential use. There has not been a lot of change in this area on this street. Staff recommends the application for approval. Commissioner Questions for Staff: Chairman Rory Kunz asked for the zoning map to be shown to see the zoning for the surrounding area. Kristi Anderson clarified the Comprehensive Plan Map change was approved. Rory asked about the property to the north of this request. The property directly north of this request is also zoned CBC, but is a parking lot for an apartment complex. The zone was grandfathered in, because when the changes to this area were previously made, they wanted to see the street build out into commercial. The commercial use has not come to fruition and the City is seeing more demand in this area for high-density residential. Originally, Staff felt the commercial would line this road, but high-density residential has moved in and built. Kristi Anderson asked which development the parking lot is part of. Alan answered the parking lot parcel is tied to the Appletree Apartments. The Commission and Council recently passed the PED changes. The PED boundary was identified. Sally Smith asked about commercial uses. The storage units are the only commercial use in this area. Residential homes are on several of the lots also zoned Community Business Center. She asked if Staff has gone door to door; they did not. Staff has been told to allow people to make the changes when they want to do them. Staff has done some door to door in the past in other areas. Most people tell them they do not want to make the change; they will just leave the land the way it is, even though it may be beneficial in the end. 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. (Jim Lawrence, Commissioner, is the only person online.) Favor: None Neutral: None Opposed: None Written Correspondence: None Rebuttal: None 3 | Page Chairman Rory Kunz asked if anyone else would like to speak. He closed the public input portion of the hearing at 7:29p.m. Commissioners Discussion: Randall Kempton recalled the Comprehensive Plan change discussion. There was not much commercial happening, though we wanted it to, so we changed it to medium to high-density residential. This change to a residential zone, even if the homes stay Community Business Center seem to blend. Apartment complexes and some businesses is not a bad thing together. This request fits with what we were trying to do and discussed last month. Vince Haley asked about the benefits of the PED zone. Due to the location of the parcel in the PED zone, dormitory housing would be allowed, which is the same use across the street. MOTION: Motion to recommend City Council approve the rezone of 376 W 4th S from Community Business Center (CBC) to High-Density Residential 1 (HDR1), because it fits the Comprehensive Plan and PED zone areas., Action: Approve, Moved by Vince Haley, Seconded by Randall Kempton. Commission Discusses the Motion: None VOTE: Motion carried by unanimous roll call vote (summary: Yes = 10). Yes: Aaron Richards, Chairman Rory Kunz, David Pulsipher, Greg Blacker, Jim Lawrence, Kristi Anderson, Randall Kempton, Sally Smith, Todd Marx, Vince Haley. 8. December 16, 2020, the Alan Parkinson presented the application to City Council. Ordinance No 1249 Rezone 376 West 4th South from Community Business Center (CBC) to High Density Residential 1 (HDR1) Zone #20-00781 – Alan Parkinson Planning and Zoning Administrator Parkinson reviewed the rezone request at approximately 376 West 4th South from Community Business Center (CBC) to High Density Residential 1 (HDR1) Zone and the City Staff Review. The Comprehensive Plan Map was changed in this area to Medium to High Density Residential 1 (HDR1). Council Member Mann explained at one point this area was developing into commercial; however, it has changed to higher density residential which is turning out to be the best use of the land. The commercial has moved to highway intersections, downtown and 2nd east. 4 | Page 5 | Page Council Member Walker moved to approve Ordinance No 1249 Rezone 376 West 4th South from Community Business Center (CBC) to High Density Residential 1 (HDR1) Zone and consider first read; Council President Busby seconded the motion; Mayor Merrill 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 6 | Page 9. January 6, 2021, City Council 2nd Read the application. Ordinance No 1249 Rezone 376 West 4th South from Community Business Center (CBC) to High Density Residential 1 (HDR1) Zone #20-00781 – Alan Parkinson ORDINANCE NO 1249 Rezone Approximately 376 West 4th South, Rexburg, Idaho to High Density Residential 1 (HDR1) 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 Flora moved to approve Ordinance No 1249 Rezone 376 West 4th South from Community Business Center (CBC) to High Density Residential 1 (HDR1) Zone and consider second read; Council Member Johnson seconded the motion; Mayor Merrill 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 10. January 20, 2021, City Council 3rd Read the application. Ordinance No 1249 Rezone 376 West 4th South from Community Business Center (CBC) to High Density Residential 1 (HDR1) Zone #20-00781 – Alan Parkinson ORDINANCE NO 1249 Rezone Approximately 376 West 4th South, Rexburg, Idaho to High Density Residential 1 (HDR1) 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. 7 | Page Council Member Walker moved to approve Ordinance No 1249 Rezone 376 West 4th South from Community Business Center (CBC) to High Density Residential 1 (HDR1) Zone and consider third read; Council Member Johnson seconded the motion; Mayor Merrill 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