HomeMy WebLinkAboutRezone 1st N Corridor from LDR1 to NBDNOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN, that a Public Hearing will be held before the Planning &
Zoning Commission of the City of Rexburg, Idaho, Thursday, April 21, 2005, at 7:45 p.m., in the
City Council Chambers of the City Building at 12 North Center, Rexburg, Idaho, regarding a
zone change from LDRI (Low Density Residential) to NBD (Neighborhood Business District).
The said properties are located adjacent to 1st North in Rexburg, Madison County, Idaho, and
more particularly described as follows:
Tract 1. A zone change from LDR1 to Neighborhood Business District (NBD). Lot 1 and lot 2
of block 34 of the Rexburg Original Townsite,
Less 1 Commencing at a point 16.5 feet north of the South East corner of lot 1 block 34
which point is the point of beginning, and running thence West 231 feet, thence North a
distance of 132 feet, thence East a distance of 75.25 feet, thence North a distance of 82.5 feet,
thence West a distance of 3.5 feet, thence North a distance of 99 feet, thence East a distance
of 159.25 feet, thence South a distance of 313.5 feet to the point of beginning.
Less 2 A Right-of-way that is described as commencing at the South East corner of lot 1
block 34 and running thence North 16.5 feet, thence West 660 feet, thence South 16.5 feet,
thence East 660 feet to the point of beginning.
Tract 2. A zone change from LDR1 to Neighborhood Business District (NBD). Lot 3 of Block
21 of the Rexburg Original Townsite, exempting therefrom a portion described as commencing
at the South East comer of lot 3 and running thence West a distance of 66 feet, thence North a
distance of 140 feet, thence East a distance of 66 feet, thence South a distance of 140 feet to the
point of beginning.
Tract 3 A zone change from LDR1 to Neighborhood Business District (NBD), for lots 3 and 4 of
block 22 of the Rexburg Original Townsite.
Tract 4 A zone change from LDRI to Neighborhood Business District (NBD), in the South half
of block 23 of the Rexburg Original Townsite, more particularly being described as follows:
Commencing from the South East corner of lot 4, block 23, running thence West a distance of
660 feet, thence North a distance of 165 feet, thence East a distance of 330 feet, thence North a
distance of 66 feet, thence East a distance of 82.5 feet, thence South a distance of 82.5 feet,
thence East a distance of 247.5 feet, thence South a distance of 148.5 feet to the point of
beginning.
At such hearing the Planning & Zoning Commission will hear all persons and all objections and
recommendations relative to such proposed zone changes. The City Clerk will also accept
written comments at City Hall prior to 4:00 p.m. on April 20, 2005.
This notice is given pursuant to the provisions of Section 67-6509 and 67-6511 Idaho Code, and
all amendments thereof.,
DATED this 29`h day of March, 2005.
Published: April 02, 2005
April 16, 2005
CITY OF REXBURG
By �K�11 -D. tj-�
Blair D. Kay, City Clerl-
April 13, 2005
Rexburg Planning and Zoning Commission
Rexburg City Hall
12 North Center
Rexburg, Idaho 83440
Re: Public Hearing on April 21, 2005, regarding the rezoning of the North side of 15` North
Street between North Vt West and North V East from LDR to NBD
Dear Members of the Planning and Zoning Commission:
Since we will be attending our daughter's graduation from Brigham Young University in
Provo, Utah, on April 21 and 22, we will not be physically present at the public hearing. Because
we cannot be present, we hope you will seriously consider the reasons for our opposition to the
proposed rezoning of our property. Frankly, we along with all of our neighbors, were surprised
to see the stakes driven in our front lawns with the notices that our property is proposed to be
rezoned since none of us had made a request for rezoning nor are any of us interested in having
our property rezoned.
We are opposed to the rezoning of the property along the North side of Pt North between
North 1St West and North Ist East for the following reasons:
1. When we constructed our homes and rental units (we own two lots at 46 West 1 S1
North and 58 West 1" North), we relied on the zoning ordinance in effect at that time (Ordinance
No. 478 which was adopted in the year 1968) for the construction and uses which would be made
of these particular lots. We should have the protection of this zoning to remain a primarily
residential neighborhood.
2. Since the Teton Flood, Zollinger's Construction (which occupied the center of the
block between North Center Street and North I' East) has relocated to its location on the North
side of 2nd North. The only new business which has chosen to locate on 1' North between North
2nd East to North 2"d West is the building occupied by Bell Insurance. Most new businesses have
chosen to locate on the North, West and South sides of the city.
3. There is already an over abundance of commercial property in Rexburg and there is no
need for allowing commercial "neighborhood businesses" in an older established residential
neighborhood. If the zoning were changed, the North side of I" North would become a hodge-
podge of existing homes and possible new businesses which may relocate in homes because it is
cheaper than being in a commercial zone. Look at the abundance of commercial property which
is unoccupied or available for sale or rent on Main Street, South 2"d West, West 4' South,
Highway 33 West of town, North 2nd East and the South Yellowstone Highway.
4. If this rezoning were allowed, it would naturally shift the focus of those who might
otherwise locate on Main Street, (which is supposed to be the central business district of our city),
to other 1' North property which probably could be rented or procured at a cheaper cost than on
Main Street or in other commercially zoned portions of the City.
5. The Junior High School and Library are located on the south side of 1' North and from
early morning until late afternoon, this area is subject to heavy pedestrian traffic. We do not think
it wise to encourage more traffic on this street which is used for parking of the buses for the
loading and unloading children. In addition, there is already congestion of traffic at the Center
Street intersection because of the public use of the library. Safety of our children should be a
paramount concern.
6. It is our understanding that Ordinance No. 926 requires that in order for a
neighborhood business to be allowed in a NBD (see Section 3.13.030) it must have a minimum of
one acre, (that is 207 feet X 207 feet). This is effectively nullified by Section 3. 13. 060. In the
two blocks between North 1' West and North I" East, that would require a minimum of three lots
in most instances.
7. We believe that zoning should not be "driven by dollars". What we mean by this is that
one of the arguments given for rezoning is that it would allow the property to be used for
commercial purposes, which would supposedly increase its value. If it is true that once zoned
NBD the value of our property would increase, then our property taxes will increase. For those
who are on fixed incomes, this is not good.
8. This area (North side of 1"North between North 151 West and North 151 East) does not
fit the purposes and objectives stated in Section 3. 13.010 of the City Development Code, "to
serve the daily convenience needs of the surrounding residential neighborhood." (p.53) Who
would want to put in a grocery store, drugstore or bakery in this area when Broulim's is located
kitty corner from North 151 West and 1' North? Who would want to put in a florist business when
Rexburg Floral is located on the corner of Center Street and 2"d North and there are three florists
one block away. In fact, the city should encourage businesses to locate on Main Street rather
than elsewhere.
9. We think there are many patent ambiguities in and question the language defining a
NBD in the new City Development Code. (Section 3.13.020(6)). Who would want to put an
office for an insurance, realty, or finance business when they could have no more than 50% of the
total floor space used for offices?
We fully understand if the zoning changes were to occur we would be "grandfathered"
until we have lost what we cherish most, the residential neighborhood which we have enjoyed for
at least the past thirty years. Many others have owned their property for decades. Since we did
not ask for this proposed zoning change and we are not in favor of it, we respectfully request that
Planning and Zoning Commission deny this proposed zoning change from LDR-1 to NBD on the
North side of I' North between North l' West and North l' East, for the reasons stated herein.
Sincerely,
rv-).'&Ann Hancock
City of Rexburg Development Code
COMMERCIAL ZONES
3.13 Neighborhood Business District
(NBD)
3.13.010. Purpose and Objectives.
3.13.020. Permitted Uses.
3.13.025. Single Ownership and Control
3.13.030. Lot Area.
3.13.040. Lot Width.
3.13.050. Lot Frontage.
3.13.060. Prior Created Lots.
3.13.070. Area of Zone.
3.13.080. Yard Requirement.
3.13.090. Projections into Yards.
3.13.100. Building Height.
3.13.110. Distance Between Buildings.
3.13.120. Permissible Lot Coverage.
3.13.130. Parking, Loading and Access.
3.13.140. Project Plan Approval.
3.13.150. Reversion of Zoning.
3.13.160. Other Requirements.
3.13.170. Architectural Design Standards
3.13.010. Purpose and Objectives.
The Neighborhood Business District (NBD) zone is
established to provide an area in which the primary
use of the land is for commercial and service uses to
serve the daily convenience needs of the surrounding
residential neighborhood. The zone is intended to be
located on the fringe of neighborhood areas, along a
collector or arterial street and to be integrated into the
residential structure of a neighborhood in.a manner
that will create a minimum of detriment, hazard, or
inconvenience to surrounding residential
development.
Each Neighborhood Business District zone will be
small (containing from one [1] to two [2] acres) and
will be located within convenient walking distance
from the edge of the surrounding residential area it is
designed to serve. In general, the NBD zones will be
located from one-half (%) mile from each other, or
from another zone in which the daily commercial
needs of a neighborhood or residential area will be
served.
It is intended that the NBD zone shall be
characterized � by a harmonious grouping of
commercial stores and shops which will be
architecturally designed for, and will function as, an
integrated unit. Hours of operation should be
regulated to provide compatibility. Clean, well -
lighted parking lots and attractive, well-maintained
shops with appropriate landscaping will also be
characteristic of this zone.
Lighting will be of a relatively low intensity and low
profile with adequate shielding to protect the
surrounding residential areas. The architectural
design and character will be compatible with that of
the surrounding residential environment. Uses
permitted in the NBD zone will be those which will
create no detriment to the surrounding residential
areas, and will generally serve only the daily
convenience needs of the residential neighborhood.
Dwellings, industries, recreational uses, or other
heavy commercial uses which tend to thwart and
discourage the use of the land within this zone for its
primary purpose have been excluded. Typical uses
allowed by right in this zone are grocery stores,
restaurants, drug stores, miscellaneous retail such as
book stores and florists, bakeries, dry cleaning,
laundries and garment alterations/repairs, video
rental, post offices, and barber or beauty shops. A
broader range of uses is permitted pursuant to the
issuance of a conditional use permit.
NBD zones shall be located generally in conformance
with the provisions of the Rexburg City
Comprehensive Plan. This zone may, however, be
located in areas deemed appropriate for the service of
a residential neighborhood, provided the basic
requirements for a separation of said zones are
followed.
3.13.020. Permitted Uses. '
(1) Those uses or categories as listed herein, and no
others, are permitted in the NBD zone.
(2) All uses listed herein are listed by number as
designated in the Standard Land Use Code published
and maintained by the Planning Commission.
Specific uses are identified by a four -digit number in
which all digits are whole numbers. Classes or
groupings of such uses permitted in the zone are
Page 53 of 191
City of Rexburg Development Code
identified by a four -digit number in which the last
one or two digits are zeros. All such categories or
classes listed herein and all specific uses contained
within them in the Standard Land Use Code will be
permitted in the NBD zone subject
to the limitations set forth herein.
(3) Permitted Principal Uses. The following principal
uses and structures, and no others, are permitted in
the NBD zone:
5410 Grocery stores, convenience (not supermarket)
5460 Bakeries and doughnut shops
5910 Drug and proprietary stores
5940 Books, stationery, art and hobby supplies
5991 Florists
6210 Laundry and dry cleaning (includes self-service
laundries)
6230 Beauty and barber shops
6251 Pressing, alteration and garment repair
6730 Postal services
7398 Video Rental Shops
(4) Permitted Accessory Uses. Accessory uses and
structures are permitted in the NBD zone, provided
they are incidental to, and do not substantially alter,
the character of the permitted use or structure. Such
permitted accessory uses and structures include, but
are not limited to, the following:
(a) Accessory buildings such as garages, carports,
equipment storage buildings, and supply storage
buildings which are customarily used in conjunction
with and incidental to a principal use or structure
permitted in the NBD zone.
(b) Storage of materials used for construction of a
building, including the contractor's temporary office,
provided that such use is on the building site or
immediately adjacent thereto and, provided further,
that such use shall be permitted only during the
construction period and thirty (30) days thereafter.
(5) Conditional Uses. The following uses and
structures are permitted in the NBD zone only after a
Conditional Use Permit has been issued, and subject
to the terns and conditions thereof:
5230 Paint, glass and wall paper
5251 Hardware
5256 Swimming pool supplies
5310 Shopping centers (if center is more than 5 acres
but less than 10 acres)
5330 Variety stores, limited price (not department
stores)
5410 Grocery stores (if center is more than 5 acres
but less than 10 acres)
5420 Meats and fish
5430 Fruits and vegetables
5440 Candy, nut, and confectionery
5450 Dairy products
5490 Retail trade item food (except 5493 and 5497)
5999 Miscellaneous retail trade
6100 Finance, insurance and real estate services
6220 Photographic services
6254 Shoe repair, hat cleaning
6290 Miscellaneous personal services
6722 Police Protection and related activities, branch
(office only)
6815 Day care centers
6835 Dancing schools
(6) Maximum Office Usage. The total gross floor
area for office uses permitted in any NBD zone shall
not exceed fifty (50) percent of the total floor area in
any project plan submitted for Planning Commission
approval.)
3.13.025. Single Ownership and Control.
Land within a given NBD zone shall be in single
ownership or single control in order to provide for
integrated development. The term "single control"
shall be construed to allow the recording of a Record
of Survey which is in conformance with the "Final
Development Plans". The Record of Survey must be
approved and recorded prior to the issuance of any
building permits and must be in compliance with. all
applicable sections of the Rexburg City Code and
Building Codes adopted by Rexburg City. Failure to
maintain single ownership or single control may
result in the initiation of action to return the property
to the zone, or zones, existing prior to the
establishment of the NBD zone.
3.13.030. Lot Area.
The minimum area of any lot or parcel of land in the
NBD zone shall be one (1) acre; however, smaller
lots or parcels may be created as part of an approved
and recorded Record of Survey. The maximum area
of a lot or parcel of land in the NBD zone shall be
five (5) acres. Said land must be under single
ownership or single control for integrated
Page 54 of 191
City of Rexburg Development Code
development.
3.13.040. Lot Width.
Each lot or parcel of land in the NBD zone shall have
an average width of not less than two hundred (200)
feet; however, narrower lots or parcels may be
created as part of an approved and recorded Record
of Survey, as specified in Rexburg City Code.
3.13.050. Lot Frontage.
Each lot or parcel of land in the NBD zone shall abut
a public arterial or collector street for a minimum
distance of two hundred (200) feet, on a line parallel
to the centerline of the street, or along the
circumference of a cul-de-sac improved to the City
standards; however, lots or parcels with lesser
frontage, or no frontage on a public street, may be
created as part of an approved and recorded Record
of Survey, which conforms to provisions as specified
in Section 3.13.025, Rexburg City Code. Frontage on
a street end which does not have a cul-de-sac
improved to City standards shall not be counted in
meeting this requirement.
3.13.060. Prior Created Lots.
Lots or parcels of land which were created prior to
the application of this zone shall not be denied a
building permit solely for reason of nonconformance
with the above parcel requirements of this Chapter.
3.13.070. Area of Zone.
Each single NBD (Neighborhood Shopping Center)
zone shall contain a minimum of one-half (1/2) acre
up to a maximum of ten (10) acres. Any shopping
center greater than five (5) acres shall require a
conditional use permit. The NBD zone shall not be
applied to an existing commercial area which does
not meet these area requirements and shall not be
applied to an existing commercial development
which has not been designed and constructed as an
integrated shopping center. The NBD zone shall be
predominately established on the fringe of
established residential areas.
3.13.080. Yard Requirement.
The following minimum yard requirements shall
apply in the NBD zone: (Note: All setbacks are
measured from the property line.)
(1) Front Yard. Each lot or parcel in the NBD zone
shall have a front yard of not less than ten (10) feet.
Said front yard shall not be used for vehicular
parking and shall be appropriately landscaped.
(2) Side Yard. Except as provided in Sub -sections
(3), (4), and (5), Rexburg City Code, each lot or
parcel of land in the NBD zone shall have a side yard
of at least ten (10) feet when located adjacent to a
residential zone. There shall be no requirement in
those instances where the side property line abuts a
commercial or industrial zone.
(3) Side Yard - Corner Lots. On corner lots, the side
yard contiguous to the street shall be not less than
fifteen (15) feet in width, and shall not be used for
vehicular parking. Said area shall be appropriately
landscaped except those portions devoted to access
and driveway use.
(4) Side Yard - Driveway.
(5) Side Yard - Accessory Building. An accessory
building may be located on a side property line if,
and only if, all of the following conditions are met:
(a) The accessory building is located more than ten
(10) feet from any main residential building on an
adjacent property; .
(b) The accessory building has no openings on the
side which is contiguous to the property line, and the
wall of said building adjacent to the property line has
a two (2) hour fire retardant rating.
(c) The accessory building has facilities for the
discharge of all roof drainage onto the lot or parcel
on which it is erected.
(6) Rear Yard. No requirement.
(7) Rear Yard - Accessory Buildings. No
requirement.
3.13.090. Projections into Yards.
(1) The following structures may be erected on or
projected into any required yard, except for a
required driveway:
(a) Fences and walls in conformance with the
Rexburg City Code and other City codes and
ordinances;
(b) Landscape elements including trees, shrubs, turf,
and other plant materials;
(c) Necessary appurtenances for utility service;
(2) The structures listed below may project into a
minimum front yard not more than four (4) feet and
into a minimum side yard not more than two (2) feet,
except that a required driveway shall remain
unobstructed from the ground up:
Page 55 of 191
City'of Rexburg Development Code
(a) Cornices, eaves, belt courses, sills, buttresses, or
other similar architectural features;
(b) Fireplace structures and bays, pro-vided they are
not wider than eight (8) feet and are generally parallel
to the wall of which they are a part;
(c) Stairways, balconies, door stoops, fire escapes,
awnings, and planter boxes or masonry planters not
exceeding twenty-four (24) inches in height;
(d) Carports and loading docks in a side yard or rear
yard, provided that such a structure is not more than
one (1) story in height and is entirely open on at least
three (3) sides, except for necessary supporting
columns and customary architectural features.
3.13.100. Building Height.
(1) No lot or parcel of land in the NBD zone shall
have a building or structure which exceeds a height
of two (2) stories with a maximum of thirty-five (35)
feet. Chimneys, flagpoles, or similar structures not
used for human occupancy are excluded in
determining height.
(2) A three story building or structure, not to exceed
forty-five (45) feet in height, may be allowed by
obtaining a Conditional Use Permit from the
Planning Commission, provided that the horizontal
setback of the proposed structure from the nearest
residential zone boundary is equal to or exceeds
twice the building's height, as measured from the
average grade of the front yard to the highest point
of the roof.
3.13.110. Distance Between Buildings.
The minimum distance between any accessory
building and a main building on a lot in the NBD
zone shall not be less than ten (10) feet. The
minimum distance between all other buildings shall
be governed by the latest edition of the Uniform
Building Code as adopted by the Rexburg Municipal
Council.
3.13.120. Permissible Lot Coverage.
In an NBD zone, all buildings and structures shall not
cover an area of more than thirty (30) percent of the
lot or parcel of land upon which they are placed.
3.13.130. Parking, Loading, and Access.
Each lot or parcel in the NBD zone shall have, on the
same lot or parcel, automobile parking sufficient to
meet the requirements for retail commercial
establishments as set forth in Rexburg City Code.
All parking spaces shall be paved with asphaltic
cement or concrete and shall be provided with paved
access from a public street. Said spaces shall be
provided with adequate drainage which shall not run
across a public sidewalk. Parking spaces shall not be
provided within a required front yard or side yard
adjacent to a public street.
3.13.140. Project Plan Approval.
3.13.160. Other Requirements.
(1) Signs. All signs erected in the NBD zone shall be
in conformance with the sign provisions of Chapter
14.38, Rexburg City Code, and shall be in general
compliance with the typical signing program
approved by the Planning Commission under the
provisions of section 3.13.140, Rexburg City Code.
(2) Uses Within Buildings. All uses established in the
NBD zone shall be conducted entirely within a fully -
enclosed building except the pumping of gasoline and
similar uses deemed by the Planning Commission to
be customarily and appropriately conducted in the
open.
(3) Landscaping. See Chapter 15.20, Rexburg City
Code.
(4) Trash Storage. See Section 14.34.080, Rexburg
City Code.
(5) Walls and Fences.
(a) No wall, fence or opaque hedge or screening
material higher than thirty-six (36) inches shall be
maintained within a required front yard in an NBD
zone.
(b) A decorative masonry wall, at least six (6) feet in
height, shall be erected along all property lines which
lie adjacent to a residential zone. In the case where
there is mutual agreement between the property
owners of the commercial zone and the adjacent
residential zone, the masonry wall requirement may
be modified to allow other suitable materials. A
signed agreement must be submitted to the Planning
Commission or its designee, indicating this
agreement. In the case where there is not mutual
agreement, the masonry wall will be required.
(6) Transitional Development Standards. Where a lot
or parcel in any business, commercial,
manufacturing, or industrial zone borders a
residential zone, the standards set forth in section
Page 56 of 191
City of Rexburg Development Code
14.34.300, Rexburg City Code shall apply.
(7) Hours of Operation. In the NBD zone, no
permitted or conditionally permitted use shall be
open for business or accept deliveries after 11:00
P.M. or before 6:00 A.M., unless otherwise approved
by the Planning Commission as part of a duly
authorized conditional use permit.
Page 57 of 191
20 October 2005
Rexburg Planning and Zoning Comission
Rexburg Idaho
Dear Planning and Zoning
We oppose the proposed the creation of a Residential Business District (RBD) which will
allow residential homes to be converted into businesses.
Based on the rejection of a Mixed Zoning designation for our property, we believe this is
an attempt to get around the decision of the City Council from last August which
preserved the residential designation for this area.
The preservation of a residential neighborhood is not accomplished by the RBD.
Frequently RBD's permit construction of additional parking, modification of structures
such as garages, business delivery vehicles, and customer traffic to former residential
neighborhoods. Also there is frequently a loss in pride of ownership and such
neighborhoods degrade visually and lower the attractiveness of families living in or
moving to the district. Easement setbacks are also sometimes modified. The idea of
"borrowing a cup of sugar" from the neighbor is lost.
We encourage you to preserve the residential designation of our area and not circumvent
the wishes of the residents and the City Council.
Sincerely,
W. Christopher King aRae
Trustee Trustee
264 E. Main
Rexburg Idaho 83440
Copies to Don Sparhawk, East Main Neighborhood Association, President
Rexburg City Council and Mayor Sean Larsen
Gordon S. Thatcher, Attorney At Law