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Home My WebLink AboutRFD - 24-00734 – 222 W 2nd N – Rezone fr LDR2 to LDR3(208) 359-3020 35 North 1st East Rexburg, ID 83440 Rexburg.org | Engage.Rexburg.org Reason for Decision 24-00734 – 222 W 2nd N – Rezone from LDR2 to LDR3 1. August 20, 2024, An application was received from Daniel Anderson to rezone a parcel from Low Density Residential 2 (LDR2) to Low Density Residential 3 (LDR3). 2. August 20, 2024, Payment was received for the application. 3. August 20, 2024, Staff reviews were assigned. 4. September 4, 2024, Staff reviews were approved. 5. September 4, 2024, Staff Report was completed. 6. September 9, 2024, Notice was sent to the newspaper to be published September 13, 2024, and September 20, 2024. 7. September 13, 2024, Notice was mailed to surrounding property owners. 8. September 24, 2024, Notice was posted on the property. 9. October 3, 2024, the application was presented to the Planning & Zoning Commission. Public Hearing – (24-00734) 222 W 2nd N – Rezone from Low Density Residential 2 (LDR2) to Low Density Residential 3 (LDR3) – Located at 222 W 2nd N, the application is to change the zoning of approximately .227 acres from Low Density Residential 2 (LDR2) to Low Density Residential 3 (LDR3). – Daniel Anderson (Action) Presentation: Natalie presented the application, showing the location and adjacent zones on the screen and stating that it is currently a residence. She explained that the intent of the application is to allow the home to once again be used as a duplex. Sally asked why the property was being rezoned, since duplexes are allowed in a LDR2 zone. The owner, Daniel Anderson, gave background on the property, explaining that it has been operating as a two unit duplex for many years, even prior to his ownership, until he was notified last year that it was not on the city records as a legal duplex. He stated that he has been short-term renting the home, as a single family residence, but would like the flexibility to rent both units long term and was advised by Planning and Zoning that a zone change would be necessary. Sally confirmed that the Comprehensive Plan designation was Intermediate Residential, which would allow for the duplex. Daniel confirmed. The commission discussed why the duplex required a zone change. Sally speculated that the rezone may be because the home is not currently being used as a duplex. McKay asked if a Comprehensive Plan designation change would be required. Sally replied no, explaining that LDR3 is within the Intermediate Residential designation. Brian speculated that the requirement to have a manager on site for short-term rentals in the LDR2 zone may be the reason for the rezone. (208) 359-3020 35 North 1st East Rexburg, ID 83440 Rexburg.org | Engage.Rexburg.org The commissioners discussed the lot dimensions and square footage requirements for the zone. McKay asked if staff supported this change. Natalie confirmed. Brian circled back to the intent of the application. Daniel responded that he has a buyer who would like to convert it to a duplex. Brian questioned why the zone change was needed. Sally indicated that a LDR3 zone would conform to the Comprehensive Plan. Brian expressed his discomfort with the reason for the zone change being “because the city said so”, only applying at the direction of staff. McKay explained that the property is currently under-zoned for its Comprehensive Plan designation and speculated it may be an effort to clean up the zoning. Chairperson Smith opened the public input portion of the hearing at 7:08 pm. Favor: none Neutral: none Opposed: none Written Correspondence: none Rebuttal: none Chairperson Smith closed the public input portion of the hearing at 7:09 pm. Conflict of Interest/Ex parte Conversation: Chairperson Smith asked the Commissioners to disclose any conflicts of interest or conversations held outside of this meeting relative to this particular subject. Commissioner Discussion: McKay reviewed the requirements of the zone and reiterated that staff has reviewed the application, and it meets city requirements. Randall pointed out that the square footage requirements of the lot limit it to only containing two units, even in the LDR3 zone. MOTION: Motion to recommend City Council the approval of the rezone located at 222 W 2nd N from Low Density Residential 2 (LDR2) to Low Density Residential 3 (LDR3) as it is in accordance with the Comprehensive Plan and complies with all the Low Density Residential 3 (LDR3) zone requirements. Action: Approve, Moved by McKay Francis, Seconded by Randall Kempton. Commissioner Discussion on the Motion: VOTE: Motion carried. (Summary: Yes= 8, No= 0, Abstain = 0). Yes: Randall Kempton, Sally Smith (Chairperson), Jim Lawrence, Bruce Casper, McKay Francis, Vanessa Johnson, Rob Woodall, Brian Thackeray No: Abstain: (208) 359-3020 35 North 1st East Rexburg, ID 83440 Rexburg.org | Engage.Rexburg.org Attorney Rammell circled back to annexation statutes explaining they were updated July 1, 2024, and list the legal recourse as a judicial review. 10. October 16, 2024, the application was presented to the City Council. Planning and Zoning recommendation to approve a rezone at approximately 222 W 2nd N from Low Density Residential 2 (LDR2) to Low Density Residential 3 (LDR3) zone #24-00734. Designated as Ordinance No 1323 and considered first read if motion passes – Alan Parkinson Planning and Zoning Administrator Parkinson reviewed the staff report for a rezone at approximately 222 W 2nd N from Low Density Residential 2 (LDR2) to Low Density Residential 3 (LDR3) zone. This property is a house that was used as a duplex in the past; however, the property owner had some issues and stopped using the house as a duplex. By not using the house as a duplex they lost their grandfather clause. The property owner wanted to use it as a duplex again; however, because of the changes to the lot sizes in the city code, the lot size is too small. The only option for the property owner was to ask for a higher density zone to be able to use the house as a duplex on that property. (208) 359-3020 35 North 1st East Rexburg, ID 83440 Rexburg.org | Engage.Rexburg.org Council Member Reeser moved to approve Ordinance No. 1323 a Rezone at approximately 222 W 2nd N from Low Density Residential 2 (LDR2) to Low Density Residential 3 (LDR3) zone and consider first read; Council President Walker seconded the motion; Mayor Merrill asked for a vote: Those voting aye Those voting nay Council Member Johnson none Council Member Chambers Council Member C. Erickson Council Member E. Erickson Council Member Reeser Council President Walker The motion carried. 11. November 6, 2024, the application was presented to the City Council for a second read. Ordinance No 1323 Rezone at approximately 222 W 2nd N from Low Density Residential 2 (LDR2) to Low Density Residential 3 (LDR3) zone #24-00734 – Alan Parkinson Discussion: ORDINANCE NO. 1312 Rezone 1022 W Main St from Mixed Use (MU) 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. (208) 359-3020 35 North 1st East Rexburg, ID 83440 Rexburg.org | Engage.Rexburg.org Council Member Johnson moved to approve Ordinance No. 1323 a Rezone at approximately 222 W 2nd N from Low Density Residential 2 (LDR2) to Low Density Residential 3 (LDR3) zone and consider second read; Council Member E. 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 E. Erickson Council Member Reeser The motion carried. 12. November 20, 2024, the application was presented to the City Council for a third and final read. Ordinance No 1323 Rezone at approximately 222 W 2nd N from Low Density Residential 2 (LDR2) to Low Density Residential 3 (LDR3) zone #24-00734 – Alan Parkinson ORDINANCE NO. 1312 Rezone 1022 W Main St from Mixed Use (MU) 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 (208) 359-3020 35 North 1st East Rexburg, ID 83440 Rexburg.org | Engage.Rexburg.org CHANGED AS HEREINAFTER DESIGNATED; AND PROVIDING WHEN THIS ORDINANCE SHALL BECOME EFFECTIVE. Council Member Reeser moved to approve Ordinance No. 1323 a Rezone at approximately 222 W 2nd N from Low Density Residential 2 (LDR2) to Low Density Residential 3 (LDR3) zone and consider third read; Council Member Chambers seconded the motion; Mayor Merrill asked for a vote: Those voting aye Those voting nay Council Member Johnson none Council Member Chambers Council Member E. Erickson Council Member C. Erickson Council Member Reeser Council President Walker The motion carried.