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Home My WebLink AboutRFD - 21-00582 - Remove Central Business District (CBD) - Development Code Amend. #21 00582 Development Code Ordinance Amendment of 1200 Remove Central Business District (CBD) July 27, 2021, An application was received for an Ordinance Amendment for the Development Code 1200 to remove the Central Business District (CBD) zone from City of Rexburg Staff. August 6, 2021, Staff Reviews were completed. August 9, 2021, Notice was sent to the newspaper to be published on August 17th and August 24th, 2021. Initially, this change was to be conducted with the approval of the Downtown District and City-Center, Form-Based Code. However, it was determined several properties outside this rezoned area were still zoned Central Business District (CBD) and permission from the owners of the properties would be needed. December 23, 2021, Notice was sent to the newspaper to be published on January 4th and January 11th, 2022. January 10, 2022, Randy Ashcraft called about 248 Ricks Avenue. He grew up being told the west ten 10’ feet of his parents’ property has always been zoned CBD. Since this property had not been included in the notice, research was conducted and GIS determined this fact. The public hearing notice in the newspaper was stopped and rescheduled to include 248 Ricks before CBD could be removed in the Development Code. January 19, 2022, Notice was sent to the newspaper to be published February 1st and February 8th, 2022. February 17, 2022, Alan Parkinson presented the application to the Planning & Zoning Commission. (21-00582) Development Code Ordinance Amendment of 1200 – Remove the Central Business District (CBD) zone. The Central Business District zone has been replaced by the City-Center, Form-Based Code for the Downtown District, for which it was originally designed. (action) – City of Rexburg Staff Report: Alan Parkinson – Are there any questions about removing the CBD zone? Commissioner Questions: Aaron confirmed once the parcels in the previous hearing are finally rezoned, there will be no other CBD zoned parcels in the city. Chairperson Smith clarified form-based code is only on the west side of 2nd E. She asked for the form-based zoning to be shown to the public. Alan said the area for form-based zoning is from W 1st n to W 2nd S and from S 2nd W to S 2nd E. The form-based code has four (4) different transects with code designed for interaction to the street. There is a lesser focus on the change of uses, and a greater focus on the building form and its interaction with the street. Some restrictions were removed for limiting building heights. There is an emphasis on pedestrians. Vince clarified the Downtown District was amended and used to extend past the streets and into portions of adjacent blocks. This is why some of the parcels zoned Central Business District (CBD) are outside of the current form-based area. Chairperson Smith opened the public input portion of the hearing at 6:56PM. Favor: None Neutral: None Opposed: None Written Correspondence: None Rebuttal: None Chairperson Smith asked if anyone else would like to speak. She closed the public input portion of the hearing at 6:56PM. Conflict of Interest? – Chairperson Smith 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. Commissioner Discussion: None MOTION: Motion to recommend to City Council to amend Development Code 1200 by removing the Central Business District (CBD) zone as we have no more properties that are zoned in this designation, and it has been replaced by the city's form-based code., Action: Approve, Moved by Randall Kempton, Seconded by Todd Marx. Commissioner Discussion on the Motion: None VOTE: Motion carried by unanimous roll call vote (summary: Yes = 7). Yes: Aaron Richards, Bruce Casper, Jim Lawrence, Randall Kempton, Sally Smith (Chairperson), Todd Marx, Vince Haley (Vice Chair). March 2, 2022, Alan Parkinson presented the application to City Council. Planning and Zoning recommendation to approve an amendment to the Development Code Ordinance No 1200 to remove the Central Business District (CBD) zone, it’s been replaced by the City-Center Form Based Code for the Downtown District #21-00582. Designated as Ordinance No 1279 and Considered 1st Read if motion passes – Alan Parkinson ORDINANCE NO. 1279 AN ORDINANCE AMENDING THE CURRENT DEVELOPMENT CODE (PLANNING AND ZONING ORDINANCE NO. 1200) CONCERNING SUBSTANTIVE AND NON-SUBSTANTIVE ITEMS; REPEALING CHAPTER 5.2 CENTRAL BUSINESS DISTRICT (CBD) ZONE FROM THE CITY OF REXBURG DEVELOPMENT CODE; ENCOMPASSING ALL AMENDMENTS TO OTHER CHAPTERS THAT REFERENCE THE CENTRAL BUSINESS DISTRICT (CBD) ZONE; AND PROVIDING FOR THE EFFECTIVE DATE OF THE ORDINANCE. Council Member Flora moved to approve Ordinance No 1279 an amendment to the Development Code Ordinance No 1200 to remove the Central Business District (CBD) zone, it’s been replaced by the City-Center Form Based Code for the Downtown District 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 Chambers Council Member Erickson Council Member Walker Council President Busby The motion carried. March 16, 2022, City Council 2nd Read the application. Ordinance No 1279 Amend Development Code Ordinance No 1200 to Remove the Central Business District (CBD) Zone #21-00582 – Alan Parkinson ORDINANCE NO. 1279 AN ORDINANCE AMENDING THE CURRENT DEVELOPMENT CODE (PLANNING AND ZONING ORDINANCE NO. 1200) CONCERNING SUBSTANTIVE AND NON-SUBSTANTIVE ITEMS; REPEALING CHAPTER 5.2 CENTRAL BUSINESS DISTRICT (CBD) ZONE FROM THE CITY OF REXBURG DEVELOPMENT CODE; ENCOMPASSING ALL AMENDMENTS TO OTHER CHAPTERS THAT REFERENCE THE CENTRAL BUSINESS DISTRICT (CBD) ZONE; AND PROVIDING FOR THE EFFECTIVE DATE OF THE ORDINANCE. Council Member Flora moved to approve Ordinance No 1279 an amendment to the Development Code Ordinance No 1200 to remove the Central Business District (CBD) zone, it’s been replaced by the City-Center Form Based Code for the Downtown District and consider second read; Council Member Chambers seconded the motion; Mayor Merrill asked for a vote: Those voting aye Those voting nay Council Member Flora None Council Member Johnson Council Member Chambers Council Member Erickson Council Member Walker The motion carried. April 6, 2022, City Council 3rd Read and finally approved the application. Ordinance No 1279 Amend Development Code Ordinance No 1200 to Remove the Central Business District (CBD) Zone #21-00582 – Alan Parkinson ORDINANCE NO. 1279 AN ORDINANCE AMENDING THE CURRENT DEVELOPMENT CODE (PLANNING AND ZONING ORDINANCE NO. 1200) CONCERNING SUBSTANTIVE AND NON-SUBSTANTIVE ITEMS; REPEALING CHAPTER 5.2 CENTRAL BUSINESS DISTRICT (CBD) ZONE FROM THE CITY OF REXBURG DEVELOPMENT CODE; ENCOMPASSING ALL AMENDMENTS TO OTHER CHAPTERS THAT REFERENCE THE CENTRAL BUSINESS DISTRICT (CBD) ZONE; AND PROVIDING FOR THE EFFECTIVE DATE OF THE ORDINANCE. Council Member Johnson moved to approve Ordinance No 1279 an amendment to the Development Code Ordinance No 1200 to remove the Central Business District (CBD) zone, it’s been replaced by the City-Center Form Based Code for the Downtown District and consider third read; Council President Busby seconded the motion; Mayor Merrill asked for a vote: Those voting aye Those voting nay Council Member Johnson None Council Member Chambers Council Member Erickson Council Member Walker Council President Busby The motion carried.