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Home My WebLink AboutRFD - 22-00026 - 248 Ricks - Comp. Plan Map - LDR1-MDR1 to Commercial,Mixed Use 1 | Page #22 00026 Comprehensive Plan Map change from LDR1-MDR1 to Commercial/Mixed Use 248 Ricks Ave. 1. 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. 2. January 10, 2022, An application was received for a Comprehensive Plan Map change from LDR1-MDR1 to Commercial/Mixed Use. 3. January 11, 2022, Affidavit and Legal Descriptions were received. 4. January 13, 2022, Staff Reviews were completed. 5. January 19, 2022, Notice was sent to the newspaper to be published on February 1st and February 8th, 2022. 6. January 26, 2022, Notice was mailed to all property owners within 350’. 7. February 9, 2022, Notice was posted on the property. 8. February 17, 2022, Alan Parkinson presented the application to the Planning & Zoning Commission. (22-00026) 248 Ricks Ave – Comprehensive Plan Map change from LDR1-MDR1 to Commercial/Mixed Use. (action) – City of Rexburg, Ashcrafts Staff Report: Alan Parkinson – This request is the reason the notice was stopped for the following rezone and ordinance amendment on January 20, 2022. This property needs to be changed on the Comprehensive Plan in order to rezone the property in the next hearing. Ashcrafts have asked to join in on the rezone adjacent to them. The request is to change the Comprehensive Plan map designation from LDR1-MDR1 to Commercial/Mixed Use. Staff has reviewed the request and believe the request fits with the ideals and objectives of the Comprehensive Plan. The request is adjacent to commercial use properties and the Ashcrafts’ desire is to eventually 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 transition the property to a commercial use. Staff recommends the request to the Commission to recommend to City Council. Commissioner Questions: Vince asked why the change is being made. Alan answered in the following rezone, the parcel will have two zoning designations. The first step is to change the Comprehensive Plan map. Chairperson Smith opened the public input portion of the hearing at 6:40PM. She explained the process for the hearing. 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 6:41PM. 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: Vince said he does not have a conflict of interest but wants to make a statement - this home was his daycare when he was five. Chairperson Smith confirmed Mrs. Ashcraft had an influence on a lot of people. She believes this request is more of a housekeeping item. Aaron also believes this is a housekeeping item; it is pretty straightforward. MOTION: Motion to recommend City Council approve the change to the Comprehensive Plan Map designation from LDR1-MDR1 to Commercial/Mixed Use for 248 Ricks Avenue, because of the nature of the adjacent property uses and to align them correctly., Action: Approve, Moved by Aaron Richards, Seconded by Sally Smith (Chairperson). Commissioner Discussion on the Motion: Vince said instead of “to align them correctly”, say “to align this property with the adjoining property uses.” Aaron amended his motion. MOTION: Motion to recommend the request to City Council to change the Comprehensive Plan Map designation from LDR1-MDR1 to Commercial/Mixed Use for 248 Ricks Avenue to align this property with an adjacent property’s use., Action: Approve, Moved by Aaron Richards, Seconded by Sally Smith (Chairperson). 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). 3 | Page 9. March 2, 2022, Alan Parkinson presented the application to City Council. Planning and Zoning recommendation to approve a Comprehensive Plan Map amendment at 248 Ricks Ave from LDR1-MDR1 to Commercial/Mixed Use #22-00026. Designated as Resolution 2022 – 05 if motion passes – Alan Parkinson Planning and Zoning Administrator Parkinson explained the request to amend the Comprehensive Plan Map at 248 Ricks Avenue due to a 10-foot overhang of the property; however, the Ashcraft property is also included in the amendment by the owner’s request. RESOLUTION FOR AMENDING REXBURG COMPREHENSIVE PLAN MAP Resolution No. 2022 - 05 WHEREAS, on the 2nd day of March 2022, the City Council for the City of Rexburg was duly convened upon notice properly given and a quorum was duly noted; and WHEREAS, in a Rexburg Planning and Zoning Commission meeting on the 17th day of February 2022, the Planning and Zoning Commission held a public hearing, taking public comment for and against the proposal to amend the Comprehensive Plan Map. The public hearing ended with a unanimous vote to recommend the proposed Comprehensive Plan Map change to City Council; and WHEREAS, in a subsequent City Council meeting on the 2nd day of March 2022, the City Council reviewed the findings from the Planning and Zoning Commission’s Public Hearing held on the 17th day of February 2022; and WHEREAS, a comprehensive plan is a living document; an ongoing planning participation effort by the citizens of the community is encouraged to ensure changing conditions meet the needs of the community; and WHEREAS, proposed changes to comprehensive plan map can change land use designations; and WHEREAS, the following approved Land Use designation changes to the Comprehensive Plan Map from LDR1 - MDR1 to Commercial/Mixed Use at approximately 248 Ricks Ave (22-00026) in the City of Rexburg, Madison County, Idaho and more particularly described as follows: Comprehensive Plan Map Amendment Legal Description: Commencing at a point 140.25' north of the Southeast Corner of Lot 3, Block 35, of the original Rexburg Townsite, Madison County, Idaho as per the recorded plat thereof, and running thence North 24.75'; thence West 12.5'; thence North 148.5'; thence East 95'; thence south 173.25'; thence West 82.5' to the point of beginning. WHEREAS, the changes shown on the Comprehensive Plan Map dated March 2, 2022 have been approved by the City Council; NOW THEREFORE, by resolution duly adopted on the date first above written, be it resolved by the Mayor and the City Council the following: The City of Rexburg does hereby accept and adopt the said Comprehensive Plan Map Land Use Designations in the City of Rexburg Comprehensive Plan. RESOLVED this ___ day of ___ 2022; by the City Council, City of Rexburg, Idaho. ________________________________ SIGNED BY: Jerry Merrill, Mayor ATTEST: 4 | Page I hereby attest that the above is a true copy of a Resolution passed at a regular meeting of the Rexburg City Council, City of Rexburg, held on March 2, 2022. (Seal) ________________________________ Deborah Lovejoy, City Clerk ATTACHMENT MAP: AMENDED COMPREHENSIVE PLAN MAP 03-02-2022 Council Member Chambers moved to approve a Comprehensive Plan Map amendment at 248 Ricks Ave from LDR1-MDR1 to Commercial/Mixed Use; 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.