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Home My WebLink AboutRFD - 21-00773 - 18 N 2nd E, 220 Ricks, 227 E Main, 248 Ricks - Rezone from CBD to CBC 1 | Page #21 00773 Rezone from Central Business District (CBD) to Community Business Center (CBC) 18 N 2nd E, 220 & 248 Ricks, 227 E Main 1. September 30, 2021, An application was received for a Rezone from Central Business District (CBD) to Community Business Center (CBC) from City of Rexburg Staff coordinating with Mtn. America and Freddy’s. 2. December 13, 2021, Affidavits were received from Mtn. America and Freddy’s. 3. December 20, 2021, Staff Reviews were completed. 4. December 23, 2021, Notice was sent to the newspaper to be published on January 4th and January 11th, 2022. Notice was mailed to all property owners within 350’. 5. 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. 6. January 19, 2022, Notice was sent to the newspaper to be published February 1st and February 8th, 2022. 7. January 26, 2022, Notice was mailed to all property owners within 350’. 8. February 9, 2022, Notice was posted on the property. 9. February 17, 2021, Alan Parkinson presented the application to the Planning & Zoning Commission. (21-00773) 18 N 2nd E, 220 & 248 Ricks Ave, 227 E Main - Rezone from Central Business District (CBD) and High-Density Residential 1 (HDR1) to Community Business Center (CBC). The Central Business District zone was replaced in the Downtown District with the City- Center, Form-Based code, changing most of the CBD parcels in the city. These parcels are the remaining CBD parcels outside of the Downtown District boundary. North and south of this parcel are Mixed-Use and Community Business Center zoned properties. (action) – City of Rexburg, Kristine Johanos, Travis Stroud 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 Staff Report: Alan Parkinson – These are the only parcels left in the city that have the Central Business District (CBD) designation. The main landowners were approached for permission to make this change and they have agreed. Notice was sent out for the January 20th meeting and the Ashcrafts identified a portion of their property was also zoned Central Business District. Research was conducted and GIS found on the west side of the property, there is about ten (10’) feet that was zoned Central Business District. The request is for a rezone of 18 N 2nd E, 220 & 248 Ricks Ave, and 227 E Main from CBD and High-Density Residential 1 (HDR1) to Community Business Center (CBC). Community Business Center is our most common commercial zone. The use matches the patterns along Main Street. Most of the parcels zoned CBD were changed when form-based code was approved, changing twelve (12) blocks in our downtown district. Staff recommends the Commission recommend the application to City Council for this rezone. Alan invited Kristine or Travis to speak if they are present. No one stepped forward. Commissioner Questions: Chairperson Smith requested a review of zoning around this requested application. The property was located on the map. Alan explained form-based zoning was located to the west, Community Business Center (CBC) to the north, High-Density Residential 1 (HDR1) to the east, and CBC and Mixed Use (MU) to the south. Chairperson Smith confirmed there are some existing residential homes on Ricks Avenue to the north. Vince said looking at the setbacks and other requirements of the zones, the CBC actually protects the residents better than the CBD does. Chairperson Smith opened the public input portion of the hearing at 6:48PM. 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 6:49PM. 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. 3 | Page Commissioner Discussion: Aaron confirmed the idea is to retire CBD. He says this request is clean-up work or housekeeping. Vince said the setbacks on the CBC specifically states in several requirements “when adjacent to residential” vs. there is none of this language in CBD. The only increase would be for maximum building height which is forty-five (45’) feet in CBD and fifty-five (55’) feet in CBC. CBC reads there is a maximum building height of thirty-five (35’) feet when adjacent to residential. The taller buildings in this area, like the call center, takes away the height question for him. MOTION: Motion to recommend to City Council the rezone of 18 N 2nd E, 220 & 248 Ricks Ave, 227 E Main from Central Business District (CBD) and High-Density Residential 1 (HDR1) to Community Business Center (CBC) as it meets the criteria in this area for adjoining properties, will allow us to further clean up our zoning, and ultimately get rid of the Central Business District (CBD) zoning altogether., Action: Approve, Moved by Vince Haley, Seconded by Randall Kempton. 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). 10. March 2, 2022, Alan Parkinson presented the application to City Council. Planning and Zoning recommendation to approve a rezone at approximately 18 N 2nd E, 220 & 248 Ricks Ave and 227 E Main St from Central Business District (CBD) and High Density Residential 1 (HDR1) to Community Business Center (CBC) #21-00773. Designated as Ordinance No 1278 and Considered 1st Read if motion passes – Alan Parkinson Planning and Zoning Administrator Parkinson explained this rezone request is to follow the Comprehensive Plan Map amendment. The rezone request includes other properties including Freddy’s, Mountain America, a call center, and another bank. This is the only section of properties in the city that still have the CBD Zone designation since the adoption of the Form Base Code. The CBD will be removed from the city code. He said city staff contacted the property owners regarding the zone change and they all willingly agreed to the change in zone. 4 | Page Council Member Johnson moved to approve Ordinance No 1278 the rezone at approximately 18 N 2nd E, 220 & 248 Ricks Ave and 227 E Main St from Central Business District (CBD) and High Density Residential 1 (HDR1) to Community Business Center (CBC) and consider first read; Council Member Erickson 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. 11. March 16, 2022, City Council 2nd Read the application. Ordinance No 1278 Rezone Approximately 18 N 2nd E, 220 & 248 Ricks Ave and 227 E Main St from Central Business District (CBD) and High Density Residential 1 (HDR1) to Community Business Center (CBC) #21-00773 – Alan Parkinson ORDINANCE NO. 1278 Rezone Approximately 18 N 2nd E, 227 E Main St, 220 Ricks Ave and 248 Ricks Ave from Central Business District (CBD) and High Density Residential 1 (HDR1) to Community Business Center (CBC) Zone 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 5 | Page HEREINAFTER DESIGNATED; AND PROVIDING WHEN THIS ORDINANCE SHALL BECOME EFFECTIVE. Council Member Johnson moved to approve Ordinance No 1278 the rezone at approximately 18 N 2nd E, 220 & 248 Ricks Ave and 227 E Main St from Central Business District (CBD) and High Density Residential 1 (HDR1) to Community Business Center (CBC) and consider second read; Council Member Erickson 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. 12. April 6, 2022, City Council 3rd Read the application and gave final approval. Ordinance No 1278 Rezone Approximately 18 N 2nd E, 220 & 248 Ricks Ave and 227 E Main St from Central Business District (CBD) and High Density Residential 1 (HDR1) to Community Business Center (CBC) #21-00773 – Alan Parkinson ORDINANCE NO. 1278 Rezone Approximately 18 N 2nd E, 227 E Main St, 220 Ricks Ave and 248 Ricks Ave from Central Business District (CBD) and High Density Residential 1 (HDR1) to Community Business Center (CBC) Zone 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. 6 | Page Council Member Walker moved to approve Ordinance No 1278 the rezone at approximately 18 N 2nd E, 220 & 248 Ricks Ave and 227 E Main St from Central Business District (CBD) and High Density Residential 1 (HDR1) to Community Business Center (CBC) and consider third read; Council Member Erickson 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.