HomeMy WebLinkAboutALL DOCS - 14-00151 - City of Rexburg - Comp Plan Map Amend (3rd West Neighborhood) <Dismissed>-o.pr"hensive plon Amendment Applicolion
CitY of Rexburg
www.rexburg.org
Phone: 208.359.3020
Fox:208.359.3022
Submittal Requirements
Please complete this application, ptovide all supporting documents, and
Development DePartment.
e[nt.." (18) copies of the application and of all suPPotin-g d::,:1:
eli"ppfi"rtions ihat ".. "ott
pLte will be ptocessed with due diligence
.rpott availability, fot an upcoming agenda'
L,F
REXBURG
Am e rica! Fa mi lY Co mmun itY
Fee: $800.00 (500.00 application fee + 300'00 publication fee)
rt', ., 'i i ^ -. ')r- nl tL| C ' ') ' -
Name: (,-ita, 4 t4Address: 35 N'tf lt t'" (tt+t' l(4t'ttt'tr'r' t
ffi
phone: 3 5'1' acla o Mobile:
E-MaiL Vevbudl- c tT
L Does the amendment tequest(s) concern a specific ptoperty? Yes Alzt-
If Yes, please give property addre-ss/location
- t i .o ?i:i:,:';:l iL?#.#;fr;^i ra,iafu,;ff--,; ,, *r4:itt,r-ruq,*7;'f v'r
a, + , i ,tt,--7-fi /I Cil)L//L(UT44(Y' :/CL4 t'/"14-d L't
Is this amendmen, ,.qrr"r( for a change in land use designation? Yes +-
No
/N
2.
3.
4.
Ate you the owner ot'authodzed agent of the pfopefty? Yes -- No -
provide alegaldescription (may atiach) und ^ ^ p of the area that this application affects'
LL.' Atta.Llt4 4 tt r-.)lttrr- (l tt* )Y.r'\=J2
5. Provide a teferenceto the section(s) of the comptehensive Plan that you pfopose to amend' including the
page,rfapplicable (i.e' Comp Plan, Page xx, Line xx)'
6. Provide the proposed amendato ry langaageif applicable' Attach sepafate sheet(s) if necessary'
Stna I
w..-",r,..--e' il-r,n,Lt r-'t: Lr'"1'".*
u,44_
a
g. please describe how your proposed amendment meets the following selection cnte/ia' Use a separate
sheet(s) if necessary:
a. was this proposed amendment denied during a previous comptehensive Plan review?
Yes^---- No -' If yes, briefly explain why (if known):
b. Explain how the amendment advances the goals and policies of the Comprehensive PIan:
c. What are the cumulative effects of this proposed amendment to the Comptehensive Plan?
Signature of APPlican , "*'
4 f rt)2"1,
Propetty Ownerc Authodzed Agent If you are the Pfoperty ownef's agent' you afe requfued to provide a
notaraedlettet from the ptoperty ownef authotizing submittal of this application'
I hereby certis that I have tead and examined this application and know the same to be true under
penalty of petiury u-ythe laws of the State of ldaho and am authotized to make this application as the
agent of the pfoperty ownef.
Legal for 3'd West Neighborhood Comprehensive Plan Change
Beginning where the north right of way of Main Street intersects with the railroad right of way which is
a point along the south line of block 30, thence west along the south line of blocks 30,29, and 28 to
where it intersects the right of way of N 5th W, thence north along N sth W to where it intersect with the
right of way of W 2nd N, then east along right of way to where it intersect with the Rexburg Canal,
thence north easterly along the south bank of the canal to where it intersects with the right of way of N
2no W, thence south to where it intersects the right of way of W 2nd N also being the southeast corner of
block 12, thence west along the south line of block 12 to the southwest corner of lot 4 block 12, thence
south through the middle of blocks 25 and 30 to where it intersects with the railroad right of way,
thence southwesterly along railroad right of way to the point of beginning.
Less: Lot 3 of Block 30 and the South half of Lot 2 of Block 30
Legal for 3'o West Neighborhood Comprehensive Plan Change
Beginning where the north right of way of Main Street intersects with the railroad right of way which is
a point along the south line of block 30, thence west along the south line of blocks 30,29, and 28 to
where it intersects the right of way of N 5th W, thence north along N stn W to where it intersect with the
right of way of W 2nd N, then east along right of way to where it intersect with the Rexburg Canal,
thence north easterly along the south bank of the canal to where it intersects with the right of way of N
2n' W, thence south to where it intersects the right of way of W 2nd N also being the southeast corner of
block 12, thence west along the south line of block 12 to the southwest corner of lot 4 block L2, thence
south through the middle of blocks 25 and 30 to where it intersects with the railroad right of way,
thence southwesterly along railroad right of way to the point of beginning.
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Legal for 3'd West Neighborhood Comprehensive plan Change
Beginning where the north right of way of Main Street intersects with the railroad right of way which is
a point along the south line of block 30, thence west along the south line of blocks 30,29, and 2g to
where it intersects the right of way of N 5th W, thence north along N sth W to where it intersect with the
right of way of W 2nd N, then east along right of way to where it intersect with the Rexburg Canal,
thence north easterly along the south bank of the canal to where it intersects with the right of way of N
2no W, thence south to where it intersects the right of way of W 2nd N also being the southeast corner of
block 12, thence west along the south line of block 12 to the southwest corner of lot 4 block 12, thence
south through the middle of blocks 25 and 30 to where it intersects with the railroad right of way,
thence southwesterly along railroad right of way to the point of beginning.
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Findings of Focl
City of Rexburg
Phone: 208.359.3020
Fqx: 208.359.3022
Comprehensive PIan / Land Use Amendment
City of Rexburg
3'o'West Neighborhood
On April 78,2014 City Staff presented to the Rexburg City Planning &Zonng Cootdinator a
Request to amend the current Comptehensive Plan Map (File #14 00151) to change from
Moderate-High Density Residential to Low- Moderate Density Residential for the specified property
(see attached Map ).
On April 1.8,2074 the City Clerk sent the Notice of Public Hearing to be published in the local
newspaper for Apd 26 atd May 10, 2014. A notice was posted on the property Q hcations).
On May 75,2074 City Staff presented the Comprehensive Plan Map Amendment request to the
Rexbug Planning &ZonngCommission to amend the current Comprehensive Plan Map (File #14
00151) to change from Moderate-High Density Residential to Low-Moderate Density Residential
for the specified property.
Bruce Suthedand motioned to recommend to City Council approval of the requested Comptehensive
Plan Map Amendment change for the 3'd West Neighborhood with one consideration: the size is latger
than the Commission is comfortable with; not having consensus, the Commission defen any change in
boundary size to the City Council for their decision.
Motion died fot lack of a second.
Steve Oakey motioned to deny the Comprehensive Plan Map Amendment request, with the
tecommendation that the neighborhood association bypass the governing body of the City of Rexburg
and establish a pdvate contract amongst themselves to preserve their rights as they see fit.
Motion died for a lack of a second.
Val Chtistensen said staff recommends that the Commission not deny the issue if they want the issue
back in front of them. If it is denied, the procedure would have to begin all over again. It would be
better to table it. If the matter is tabled, the Commission can mrke a tecommendation on what they
want, for whatever they want to speci$'. If they want to do any portion of this request or all of it, do not
deny it; table it.
Tabling the issue would bring it back to the Commission befote it goes on to City Council.
Melanie Davenport felt the responsible thing to do would be to spend more time on this request.
Melanie Davenport motioned that the Comptehensive Plan request be tabled in ordet for staff to
gather mote information and to look at the boundaries. Bruce Suthetland seconded the motion.
Chaitman Robinson said the neighborhood has done their due diligence.
1
CIT'Y OF
REXBURG"_______ cts,
Atre rica\ Fam ily Co nmrun ity
www.rexourg.org
1,.
2,
aJ.
Val Christensen strggested it may be fatt !o say to the neighborhood: we are struggling - go back andredtaw the boundary lines, and not include areas that are set-aside areas. Then th?neighborhood canmake those decisions and come back with another map, or not.
Melanie Davenport amended het motion and motioned to table the Comprehensive plan MapAmendment thange request, tequesting that the residents of the neighborhood're-address theboundaries of the area rhe change is being requested for. (Comprehensive plan Map Amendment -City
of Rexbutg - 3'd sTest Neighborhood - Modetate High oenrity Residential to Low-Moderate DensityResidential). Bruce Suthedand seconded the motion.
Those in Favot:
Melanie Davenport
Bruce Suthedand
Thaine Robinson
Mark Rudd
Those Opposed:
Steve Oakey
Motion Carded.
The request has been Tabled.
Chairman Robinsonthanked the neighborhood citizens for their patience.
He clarified that the loyndaries are being seen as just too big. The public hearing has been completed. Theproposal remains tabled until the neighbothood comes back in. The neghborhold can come back to theP&Z Commission whenever they arc rcady with the requested informatiln so that the Commission cancome to a decision with a recommendation to the city Council.
4' At the P&Z meeting on October 1612014, Steve Oakey motioned to pick the ComprehensivePlan Map Amendment 3'd West Neighborhood applicatior, ,"q,r"rt up off the table for discuss^ion. CorySotensen seconded the motion
None opposed. Motion carried.
Chairman Robinson stated that the Commission did a very farjob of giving the neighborhood enoughtime to come to the Commission with new information to move forwarJ. HJfeels the nerghborhood wouldlike to but do not have a movement to do so at this time. The City brought this applicatioi r.qoest forwatd
for the neighborhood, so the neighborhood is not out any financial funds. Ttre Nerghlorhoojcould comeback with an apphcaion if they choose to do so in the fuire.
The request has been tabled since May 15,2074.
As requested by the Commission at the September 78,201.4 P&Z meeting, City staff contacted theneighborhood reptesentative who was informed of the Commission's intJnt that the proposal would bepicked up off the table and dismissed if the neighborhood had not come forward with "riy ,r.- informationby tonight's P&Z meeting. No information was received.
Cory Sotensen motioned to dismiss the Comprehensive Plan Map Amendment application request for the3'd \il7est Neighborhood. Mark Rudd seconded the motion.
None opposed. Motion canied.
Steve Oakey motioned to pick the Comprehensive Plan Map Amendment 3'd ril7est Neighborhood
application request up off the table for discussion. Cory Sorensen seconded the motion.
None opposed. Motion canied.
Chairman Robinson stated that the Commission did a of giving the neighborhood
enough time to come to the Commission with new in forward. He feels the
neighborhood would like to but do not have a is time. The City brought
this application request forward for the neighbo is not out any {tnancia.l
funds. The Neighborhood could come back wi to do so in the
futute.
The request has been tabled since May 75,2074.
As tequested by the Commission at bet 18,meeting, City
neighborhood representative who
Compliance: None
Report on Ptoiects: None
Tabled Requests:
be picked up off the table and dtsrnisseffi
infor:rnation by tonight's P&Z meeting.
Cory Sorensen mo
for the 3'o West Nei
None opposed. Motion
Tisha Flora
someone comes
the motion.
flt*(',',u liltrItL'Ll
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the's intent that the proposal would
come forward with any new
the t appl1caflon request
Rudd
this P&Z meeting date.
bet 6, 2014P&Z meeting will be cancelled unless
that needs to be discussed. Melanie Davenport seconded
of the
None opposed. Motion
\Tednesday. November 19. 2014-
Work meeting with City Council at 5:30 pm (LAht meal at 5:00 pm)
Chairman Robinson adjourned the meeting at 8:01 pm.
do
Plqnning & Zoning Minules
Moy 15,2014
Phone: 208.359.3020
Fox: 208.359.3022
Commissioners Attending:
Thaine Robinson- Chairman
Dan Flanna Cory Sorensen
Bruce Suthedand Mark Rudd
Melanie Davenport Steve Oakey
Chairman Thaine Robinson opened the meeting at7:02 pm. He welcomed everyone, including
interested citizens, staff members, City Council Liaison Brad !7olfe, Eric Conway representing
BYU-Idaho, and students here to observe the meeting process.
Roll Call of Planning and Zoning Commissioners:
Dan Hanna, Steve Oakey, Mark Rudd, Thaine Robinson, Cory Sotensen, Bfuce Suthedand, Melanie
Davenpott
Chuck Potter, Gil Shidey, Richie Webb, andJedd Walket wete excused.
Minutes:
1.. Planning andZontngmeeting - M"y 7,2074
Bruce Suthedand motioned to approve the Planning&Zonngminutes of May 7,2074. Mark
Rudd seconded the motion.
None opposed. Motion carded.
Chairman Robinson said an issue has come up that he would like to address. Sometimes public
comments may be made or infered at a meeting and after the fact we find it is not so or we
question what was said. The comments that were made ate teflected in the minutes. After approval
of the minutes, he would like to bdng up any issue.
During public testimony, comments were made at the IastP&Z meeting that indicated that the City
un201,0 took almostayeat to move through a patticular land use process. He summatized from the
Findings of Fact for the property at 325 North 1" East. The tezone in question was submitted at the
begrnning of March 2010 andwas completed in the beginning ofJune with both P&Z andCity
Council approvals (applicant waited for Mixed {Jse zones to be cteated). A CUP application was
submitted inJune and was apptoved unanimously in the begmning ofJuly 2010.
Val Chdstensen clarified that the City was in the process of cteating Mixed lJse zones at that time.
The applicant chose to wait while the zone was created, which may have added some time to the
pfocess.
Comments made at a meeting may not be accutate. However, the minutes are correct - th"y reflect
what was said.
Chafuman Robinson said he may do mote of this kind of clarifrcation in the futute and would just
call the clarification 'Findings of Fact'.
REXBIIRG
c\t _
Ameica\ Family Conmunity
CITY OF
www.rexourg.org
Ciqv Staff and Others:
Brad Wolfe- City Council Liaison
Val Christensen- Community Development Director
Nick Cummock - Community Development Intem
Elaine McFerin -P&Z Coordinator
Public Hearinss:
1. 7:05 pm - Comprehensive Plan Map Amendment -City of Rexburg - 3" lfest
Neighborhood - Moderate-High Density Residential to Low-Moderate Density Residential
Chairman Robinson explained the procedue that is followed for public hearing. The applicant in
this case is the City - a representative will come forward to present the proposal to the Commission.
The Commissioners will be given the opportunity to ask clarifting questions. The public would also
be given the opportunity to ask clarilring questions to better undetstand the ptoposal.
If anyone wishes to speak to give public testimony, please state your name and address fot the
tecord, and your affiliation, such as neighbot, concerned cttJzen, etc. People may testi$r in favor, as
neuffal, ot opposed to the proposal. If thete is opposition, the applicant will be given the dght of
rebuttal. During the public testimony and deliberation, there can be no back and forth
communication between the audience and the Commission.
If giving testimony, try to stick to facts and not emotions. Please do not repeat what someone else
has said; iust say that you concur. The staff report will then be given, followed by delibetation of
the Commission on the issue in order to come to a decision.
o
Val Chdstensen presented the proposal for the City. The map was viewed, and the boundaries of
the requested change were pointed out. The City is moving forward with this request; the subiect
neighbothood came together and submitted a petition tequesting this change.
He explained why the City is the applicant. In the past, there have been neighborhoods that have
come togethet and tequested a change in zoning. Tonight, this is a Comptehensive Plan Map
Amendment request. In the past, it was decided by the City Council, that if that many people in a
neighborhood wanted a change, the City should move forward with it, which is why the City is
moving forward today. This request is different. It is the latgest request that there has been.
Steve Oakey asked who set the boundaries of the request.
Val Christensen said the neighbothood decided on the boundaries.
There are multiple Comprehensive Plan land use designations hete. He clarified that the request is to
change the Comprehensive Plan land use designation from Modetate-High Density Residential to
Low-Moderate Density Residential.
The Chairman asked if the City does approve this change, if it will make some properties non-
confotming.
Val Christensen said the Comprehensive Plan change would not; the zontngthatrnty follow might.
Chairman Robinson said there Lre ap^rtments and a rehabilitation centet in the subject atea.
Val Chtistensen said if the zone was changed, then the uses would be grandfatheted as a pre-
existing non-conforming use.
Melanie Davenport asked what the building heights were at the time this Comprehensive Plan was
put in place.
Val Chdstensen said at the time all zones had a 30 foot building height limit with the exception of
Downtown Commetcial, which was highet.
Melanie Davenport said now that building heights are higher, theoretically you would not need that
much space; developers would be able to condense possibly someplace else.
Steve Oakey asked what the reduction in density would be if this ptoposal is apptoved.
Val Chdstensen said High Density ResidentialT and High Density Residential 2 zontng allow up to
30 units per acre and 42 units per acre. Those zones are allowed under the Comptehensive Plan land
use designation of Moderate -High Density Residential but are not allowed under the Low-
Moderate Density Residential designation that is being asked fot.
Medium Density Residential 1 and Medium Density Residential 2 zontngallow 16 units pet zcre and
20 units per acre and are allowed under the Low-Moderate Density Residential Comptehensive Plan
land use designation, as ^te the low density zones. The Low Density Residential lot sizes arc 12,000
GDRI) 8,000 (I-DR2) and 6,000 (I-DR3) squate feet.
Cory Sorensen asked what the process is when the City takes ovet and is teptesenting a
neighborhood group. Do they bdng you what they want and you present it, ot does staff sit down
with them.
Val Chdstensen said in the past, 2 or 3 other neighborhoods have tequested to change their zoning
from LDR2 to LDR1, which fit under their Comprehensive Plan land use designation. Curendy, the
way tonight's neighborhood is, they cannot ask fot that zoning unless the Comprehensive Plan land
designation is changed fust. The City as the applicant ptesents the request and gives the facts.
Bruce Suthedand said his neighbothood was one of those tequesting a zorLe change to LDR1 ftom
LDR2. One of the problems was that there were 23 apartments in the neighbothood, which were
grandfathered. LDR1 zontngwas not recommended in the City's Comprehensive Plan to be next a
hospital ot professionalplaza. He felt at the time that it might be opening a can of worms. The
request passed. Tonight's request being a Comprehensive Plan change is a litde different, but it can
be distubing if not done corectly.
Val Chdstensen as the applicant tepresentative for the City said this is what is being proposed.
There is time for deliberation later on.
Matk Rudd asked the number of ptoperty owners and how many have been involved in the
plocess.
Val Chdstensen said thete was a significant number, a supermaioity. There is a neighborhood
association reptesented hete. The City Attorney said there were enough numbers. The Ready Team
said to move ahead and make the City the applicant and present this request.
Dan Hanna asked how this headng was noticed.
When notice is required to 200 or more property owners, per Idaho statute sufficient notice may be
ptovided in the newspaper and thtough posting tather than sending out individual notices. Adequate
notice was provided in the newspaper before this headng. The subject property was posted in 5
places mote than a week befote the hearing. Neighborhood Association representatives were
notified.
Steve Oakey said there seems to be a supermajority of residences. Are we to determine that there
are a significant numbet of property owners who are not associated with this request?
Val Christensen said that is a point that the Commission could come to a conclusion on in
deliberation. Keep in mind that there is a neighborhood association that is asking for this change.
He is not saying that the boundaries make sense urith that neighborhood association.
Melanie Davenport asked if the neighborhood had given any sort of input other than what thete is
tonight, such as a signed petition.
A signed petition had been submitted. The Commissioners were provided with a copy of the
submitted petition, which is part of the official file fot this Comprehensive Plan map amendrnent
lequest.
The Chair asked if the public wished to ask any claifrcation questions on the proposal.
There were no questions.
Chairman Robinson asked if any of the Commissioners needed to declare a perceived or ditssl
conflict of intetest.
Cory Sorensen and Dan Ffanna declared ditect conflicts of interest and recused themselves and
stepped down from the dais. They both own property in the subject area.
Chairman Robinson opened the public input portion of the headng.
In Favor:
Kevin McFadden, 182 North 4d West. He would hope that the Commission is open-minded and
listening. It is good fot this neighborhood to be kept the way it is. He told a story about 3 truck
drivers applying for a job to illustrate what the neighborhood is trying to accomplish - the people
want to stay as far avtay as possible from what they don't want to happen to their neighborhood.
Rather than a spot zone here and there, they iust want to keep the laws and rules that save and
protect the neighborhood.
Teri L. Hepwot1th,273 North 3'd West. We need to keep neighbothoods close to town, instead of
making them all huge apatments and moving families out away from town. This is a good starter
home neighborhood. There ate students who need homes. It is close to town. It is a good family
neighbothood. Yes, we have a lot of places that need to be filled in. !7e do not mind duplexes, 4-
plexes, ot 8-plexes. We do mind 30 and 40 huge units in small areas that are not conducive to a
family neighborhood. We do not mind some imptovement. We do mind overbuilding. We need to
protect the neighbothoods. Students love being there and livrng close to town. We enjoy our
neighborhood. We enjoy the close association we have with our neighbors. ril7e need to save that.
There are other areas in which to build apartments.
Shawna Hill, 318 West 1" Noth. She is one of the people who started the petitions and got
signatures. They started with the Comprehensive Plan change because of the rezoning that was
going on. They were told that would ptobably continue unless the Comprehensive Plan could be
changed, because the Comprehensive Plan in their area would allow big aparffnent complexes. They
wete told by the City to go in this ditection. We as a neighborhood ate trying to say that the high
density is not what we want. She does not get the newspaper. She is a single mom raising het
childten. She tries to keep expenses down. If information does not come to het in the mail, she
would not know about it. She did not know about the comprehensive planning a few years ago. That
is why the neighborhood discussed the issue and decided to do this, so they can protect their homes
and home values and their neighborhood.
Tetry Hepworth, 275 North 2"o S7est. The Commission asked that we not be emotional. She
undetstands this, but it is hatd because we do not come to these meetings all the time.
S7e do not really undetstand the protocol or how things wotk a lot of the time. As we come to these
meetings, we understand more. It's out homes and our area. She did put together a petition 2 yeats
ago, with some homeownets in the atea. At that time she was trfng to fight an issue regarding the
land across the street from het home and development there. It was industrial land owned by the
City. That is something we still need to look at. There is lots of industrial trafftc with Walters ready
mix, wholesale te-fteaders, and City trucks. Thete is the nature park. The road would be even busier
if the planned apartments are put in. Ditto tegarding not minding duplexes ot 4-plexes. There are
student families in the neighbothood who like the arca They arc part of the makeup of the area.
Do not forget that part of the atea is very close to nature - moose, cougar, the edge of the river, etc.
Lautene Wool( 50 North.5- West. They have apartments in their back yard, with balconies looking
into their bedroom. She can telate to what is feated. She knows how devastating this can be to hope
and livelihood as well as to finances and any ability to sell. She is surrounded by the effect that the
people in this neighbothood are trying to stop. She thinks this is going in the right direction.
Remember the residents and their livelihood. Most were there long before any of the apartments It
is impottant that the City of Rexburg and Planning & Zonng should not be concemed about
making money and exploding the apartment complexes to the point that the residents are pushed
out. The neighborhood is a big part of our city and our community.
Geotge Wattets, 338 !7est L" Notth. He agrees. This is the right path to go. Restrict the area to less
density. It would help the City as well as the people who live here.
Jatom Hepworth, 273 North 3'd West. The diffetence about our little section of town is that there
are mainly families li..irg in their homes here. He does not think people have bought a home here
fot aninvestment. People live hete and stay hete because it is a place they caLn afford to be to raise
theit families. A lot of families have been here a long time. There has been some tumover with some
student families in the homes. Thete is a sign that says Rexbug is America's family community. This
6
part of town is what that is really all about. It is a nice family atea, with wonderfirl people who have
good heatts.
Dave Peatson, 150 North 4s West. lWhen he bought his place, this was out in the county and not
in clty limits. Thete are some big lots hete, but this needs to stay as a family area and a famtly
community. If developers want to put up apartments, it can be elsewhere.
Candi McFadden - 1,82 North 4s West. She concuts with everything that has been said. She
wanted to add that comments have been made to her regatding moving out to the country or buying
a house elsewhete. She has a business in this neighborhood. It is a small little daycare. She does not
have the option of choosing some other neighbothood to move into. People in this neighborhood,
whethet students or permanent citizens of this community, ate hardworking. They have chosen to
live hete because they want a yard and not a parking lot for their childten to play in, and they like the
values hete. They are not the biggest and most glorious homes in town, and that is ok. She is not
begrudging anyone for having those homes. We are being financially responsible. We would like to
take that money when our homes arcpatd off that we are wotking so hard for, and give back to the
community )n away that makes our colnmunity even better. If we are forced out, that money goes
to gasoline to come into town, etc. Thetefore, we would not have that money to help the
community in othet ways. Please think about this.
(Also See l%itten Input sectton below - 3 letters of written input in favor of the requested
Comprehensive Plan Map Amendment change).
Neutrat None
Oooosed: None
Wtitten Intruc The letters were read bv Chairman Robinson.
1. Lettet ftom Brandon and Danielle I(uhns, in favor of the proposal
2. Letter from Roser and Krista leohson- in favor of the orooosal
3. Letter from Charlene Tippetts, in favor of the proposal
The wdtten input letters are part of the official record of this hearing.
Elaine McFerrin
From;
Sent:
To:
Subject:
Brandon Kuhns <brandon.kuhns@unnpp.gov>
Thursday, May L5, 2014 9:01 AM
Elaine McFerrin; dmkuhns@gmail.com
PdtZ Mtg tonight. - lnput Kuhns
Brandon & Danielle Kuhns
115 N 3rd W
Rexburg, lD 83440
we are not able to attend this evening but wourd rike our input read at the meetints.
we are in FAVoR of the ProPosed change to the comprehensive plan Map for the 3rd west Neighborhood fromModerate-High Density Residentiar to Low-Moderate Density Residentiar-
Sincerely,
Brandon & Danielle Kuhns
Bechtel Marine Propulsion corporation and Bechtel Plant Machinery Inc., wholly owned subsidiaries of Bechtel NationalInc', are Prime contractors for the united states Navar Nucrear propulsion erogram,
Elaine McFerrin
From:
Sent:
To:
Subjea:
kristajeph son @ g rnail.com
Thursday, May L5, 2014 11:26 AM
Elaine McFerrin
Planning and Zoning Meeting Tonight
Roger & Krista Jephson
274 West lst North
Rexburg, ID 83.140
We are not able to attend tlris evening but would like our input read at
tlre rneeting.
We are in FAVOR of the proposed ohange to the Comprelrensive plan Map for
the 3rd West Neighborhood hom Moderate-Fligh Density Residential to
Low-Moderate Density Residential.
Sincerely,
Roger & Krista Jephson
Sent ftom my iPhone
Dear Planning and Zoning Commission,
I am writing today regarding the 3ra West Neighborlrood reqtrest for an amendment in theComprehensive Plan Map.
I live in this neighborhood, We recognize that some development is necessary and I feel we have a goodmix of homes and rentals within our neighborhood with the two eight unit complexes that already exist.We need the kind of development that will allow this neighborhood to retain vaiue in more ways thanproperty value' There is value in what we share as neighbors and friends. We want this neighborhood tocontinue to attract families and people who want to put down roots, with affordable homes irhere peoplecan raise their children with a familiat feeling within the neighborhood and have backyard barbeques.High-density zoning would change this neighborhood, push out established families and make it alranslent neighborhood. W-e don't want things to change, because with that change who is to say it woulclbe for the better. My belief is that it would not be for the better. You have residei'ts in this neigirborlrooclwho have their homes paid off' They want to stay here long term. But if zoning were changed io allow forlarge apartment complexes to be built, then high-rise apartments and partcing lots would s-urround ourhomes- Do any of you want this to happen in your neighborhood? Wouta you ctroose the option ofowning a home in a nice, mature neighborhood with trees and grass, or next door to a high-riseapartment building?
We have a wonderful feeling o{Sood will among the people in this neighborhood. They help each otherand look ottt for one another. We have block parties and gatherings during the year. I spoke to a womanrenting a hotne in our neighborhood just the other day who told me that she loves this neiglrborhood.She said it has a friendly atmosphere and is much nicer than where she used to live. We hive homes withIandscaped yards, mature trees, producing fruit trees and berries. Ifthis neighborhood were opened upto bigger development beyond what is currently allowed what are residentsiupposecl to do? Ii is easy tosay that we could sell to a developer and get the price of what our house is worlh, but we can,t move to anew neighborhood that would retain our current neighbors or the mature yards and ffees. We woulcl bestarting over.
This kind of neighborhood is affordable to true miclclle-income families who have dreamed of having theirown home, with a garage and a small space to have a garden and a yard for backyard barbeques. Homesthat wouldn't malte them house poor. t{igh-density zoning would push these types of hornei out ancl witlrit families that really want to put down roots. It would make the efforts and s".rifice of the currentresidents who have made it a nice place to live be for nothing.
It is difficult for me to understand why this neighborhood, which is so well established and mature, hasbeen targeted over the last three years for many zoning changes. Many of my friends have wondereclwith myself' why aren't property developers and city council memberi looking to open space for thisfttrther development? Why 3re !he-y pulling apart nice, well-established neighborhoods? A group ofpeople who we don't know,decided years ago to put together this comprehe-nsive plan. tf thiy l<new whatthe neighborhood looked like today and could unclerstand the friendships here and the need foraffordable homes in our city, they may have made a different choice. Ali of you have that chance, torecommend this change and make a different clroice for this nei
Sincerely,
Charlene Tippetts
134 N 4ttr West
l0
Chairman Robinson closed the public input portion and
recommendation.
fot the staff evaluation and
Val Chdstensen clarified his position. He is over the City's planning & zoning and is the City's
Community Development Dfuector. He was eadier tonight tepresenting the City as the applicant
tepresentative for this request. When he does a staff report, he is doing it based on city siaff and
how they would view the issue from a professional standpoint. He tries to just stay with the facts.
The request is to change the subject property's Comprehensive Plan land use designation from
Modetate-High Density Residential to Low-Moderate Density Residential.
He tead the recommendadon from his staff report
"The Planning and Zoning Commission should take testimony in the public hearing to determine if this change tothe Comprehensive Plqn Map is in the best interest of the community. Staff requests thqt discussion should include
thefollowing:
1. Considerationfor the Nll Plqtte Neighborhood Associqtion. Including nuisances and safety.
2. Recent changes to the Comprehensive Plan Map in or near the requested change. Why changes were
made.
3. The City of Rexburg Comprehensive Plan Map in general. lYhat is the purpose? Does the map adequatelyreflect anticipatedfuture growth? If the map is changed in this area, should other areas be changed? Are
the proposed changes best for the entire community?
4. How does the requestfit in with Envision Madison proposals?
5. How does the request cotelate to recent changes to the Development Code including Section 4. I6
InJi I l/Redev el opment Standar d?
6. If on area is to be changed, do the boundaries identified meet with the best interests of the communitv? "
Steve Oakey asked if staff has concluded there are no health, safety, or nuisances associated with
the requested change.
Yal Chtistensen said staff has not concluded this.
Mr. Oakey asked if there have been recent Comptehensive Plan changes in or neat the area.
Mt. Christensen said thete has been a Comptehensive Plan map change that happened over aye r
ago in the area of Wolfe Lighting and just notth of that location. The change was to Neighborhood
Commetcial/Mixed Use ftom Modetate- High Density Residential and Light Industrial.
Chairman Robinson asked if thete is a development plan for the area right now.
Val Chdstensen said nothing has moved forward to date.
Steve Oakey asked how the requested change fits in with the four scenados of Envision Madison
and also the Infill/Redevelopment standard of the City
Val Christensen explained that he mentioned Envision Madison in his staff report as a point for
discussion because he wanted to suggest that we might want to consider Envisitn Madistn as it
finals before we make definitive decisions.
Steve Oakey said Envision Madison is basically looking at what we are curtently doing and then is
tecommending denser tesidential and more congregated commercial.
The infill section of the Development Code makes similar recommendadons.
Development Code - Section 4.16 Infill/Redevelopment Standard - Val Christensen went over the
standatd . The map showing focus ateas fot Infill and Redevelopment was shown. The focus area
whenever possible is "...within the City cote that is close to the BYUI campus, cornmercial centers,
community amenities (such as parks, hbnry, pool, threats) and job centers."
1l
"...The purpose of the Infill/Redevelopment effot is to balance community good with individual
choice and ptoperty dghts. The existing Comprehensive Plan Map is the pdmary document for
planning future city gtowth and development.... Infill and Redevelopment ,t" ,l.o encouraged in
other parts of the City of Rexburg besides the Focus Ate .,,
The standatd addresses weighting standards, mitigation, and scoring of propeties that may be
looked at fot infill.
Melanie Davenport asked if it was comlnon for the City to become the applicant for a
Comprehensive Plan change request.
Val Chdstensen said it is not comtnon. This is the first time.
Steve Oakey asked if thete ate housing developments that have private covenants.
Val Chdstensen said there are.
Mt. Oakey asked if Mr. Christensen had any pdvate discussions with the neighborhood association.
Mt. Chdstensen said he did not.
Steve Oakey asked if it was recommended to the neighborhood that in order to best protect their
own intetests, they should create their own neighborhood covenants.
Val Chdstensen said that point may have been brought up at theP&Zwork meeting about a month
ago to set the headng date for this issue.
steve oakey asked how the ^te w^s scored in tegard to Infill/Redevelopment.
Val Christensen said each block would have to be looked at individually. The vast majoiq would
score out fafuly low as fat as the neighborhood, although the infrastructure in the areais good.
Chairman Robinson said the issue befote the Commission is just the Comprehensive plan change
that is being tequested, from Modetate-High Density Residential to Low- Mtderate Density
Residential for the subject area.
The Commission and the City Council have encouraged neighbothoods to come togethet from a
planning and zoning petspective so that we ale not looking at a request ftom just one or two small
ptopeties. For that he commends this neighborhood.
Bruce Suthedand agteed with Mt. Christensen's comment that the area would likely score low
tegarding infill and tedevelopment. He felt resewation about the size. The boundaries need to be
looked at carefirlly.
Chairman Robinson reminded the Commissioners that the Commission has the capability of
making the boundaries smaller, but they cannot make the boundaries brgger.
Melanie Davenport said she is botheted by the different procedure. It was said this is the first case.
She feels each neighbothood should ptoceed the same way, coming fotward with a representative
they select from the neighborhood to go through the process. There has not been a loi of input
given tonight, although it was heartfelt and well spoken. From an ^rea of this size, she wodJ have
liked to have heard from more citizens.
Chairman Robinson clarified that this is the fitst time the City has represented a neighborhood
with a request for a Comprehensive Plan change; the City has represenied a neighborhood with a
zone change request.
l2
Val Christensen said that was coffect.
He explained that City Attotney Stephen Zolinget had suggested the neighborhood come in with
the tequest.
Bruce Suthetland said one of the reasons the City may have accepted moving forward in behalf of
this tequest, is that it saves the neighborhood associad.on from the costs associated with the hearing.
Considedng the numbet of citizens involved, it seems logical for the City to come forward with the
ptoposal.
Melanie Davenport wondered if that gave the perception
endorsing this change in any way.
to other neighborhoods that the City is
Btuce Suthetland said he did not think so. It is still up to the Commission and the City Council to
approve a change.
Steve Oakey said in the public hearing, the majodty of testimonies expressed that the citizens are
okay with the curent status quo - homes, apartrnents, some businesses, close proximity to vital
infrastructure. He does not want to dismiss the energGs put in by any neighborhood association. It
takes a considetable amount of effot to orgarize people. Ninety plus people have signed a petition.
That is no small feat. His concern is that the people have the ability to protect their propety and
lifestyle and the dollar value of their ptopetty. His question eadier to Val Christensen irr-regard to
other housing developments having covenants is petinent. He would be happy to make a motion if
the Commission is atthat point; he would include in that motion a recolnmendation.
Chaitman Robinson stated a motion at this time would be a bit premature.
Matk Rudd said his concern is that he is not sute all of the property owners know of and
understand this Comprehensive Plan change request. He knows several property owners who would
oppose this change.
Bruce Sutherland said the City teally cannot accept personal petitions as a legal document because
by nature, petitions are biased. Thete is the pressute of not wanting to disagree with neighbors. The
petition would need to be done by an independent body. However when that many people come
together, the issue is worth discussing.
Steve Oakey asked if there is a consensus in regards to thete not being fair tepresentation of all
property owners, although there may be a good reptesentation of residences.
Thaine Robinson said thete is a farr tepresentadon as far as the way the City has handled business
in the past, with newspaper notice and neighbothood postings. !(/e are not pu4)osely excluding
anyone. We have some tesidents hete who are leadets who did go around to the neighbors to speak
about this request.
The Chair expressed that he would be in favot of the issue, but he struggles with the size of the
requested change.
Steve Oakey said his issue is not necessadly of notification of property owners, but representation
of ptopetty owners. We have to represent those who are absent as well as those who are present.
Bruce Suthetland said we also have to represent the entfue community. He recalled the uridening of
2"d F,ast some years ago when he was nrst aCity Councilman, from Main Street all the way to
Poleline Road. The people who lived or 2"d East were furious. The City had to look beyond the
l3
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A Ultrta*
oo
tX/ritten Input
Comprehensive Plan Mup Amendment
3'd Sfest N.ghborhood
City of Rexburg
Elaine McFerrin
From:
Sent:
To:
Subject:
Brandon & Danielle Kuhns
L15 N 3rd W
Rexburg, lD 83440
Brandon Kuhns <brandon.kuhns@unnpp.gov>
Thursday, May 1-5, 2014 9:01AM
Elaine McFerrin; dmkuhns@gmail.com
P&Z Mtg tonight. - Input Kuhns
We are not able to attend this evening but would like our input read at the meeting.
We are in FAVOR of the proposed change to the Comprehensive Plan Map for the 3rd West Neighborhood from
Moderate-High Density Residentia I to Low-Mode rate Density Residentia L
Sincerely,
Brandon & Danielle Kuhns
Bechtel Marine Propulsion Corporation and Bechtel Plant Machinery, lnc., wholly owned subsidiaries of Bechtel National
lnc., are Prime Contractors for the United States Naval Nuclear Propulsion Program.
Elaine McFerrin
From:
Sent:
To:
Subiect:
kristajephson@gmai l.com
Thursday, May 1-5, 20L4 L1:26 AM
Elaine McFerrin
Planning and Zoning Meeting Tonight
Roger & Krista Jephson
274West lstNorth
Rexburg,ID 83440
We are not able to attend this evening but would like our input read at
the meeting.
We are in FAVOR of the proposed change to the Comprehensive Plan Map for
the 3rd West Neighborhood from Moderate-High Density Residential to
Low-Moderate Density Residential.
Sincerely,
Roger & Krista Jephson
Sent from rny iPhone
Dear Planning and Zoning Commission,
I am writing today regarding the 3.d West Neighborhood request for an amendment in the
Comprehensive Plan Map.
I live in this neighborhood. We recognize that some development is necessary and I feel we have a good
mix of homes and rentals within our neighborhood with the two eight unit complexes that already exist.
We need the kind of development that will allow this neighborhood to retain value in more ways than
property value. There is value in what we share ds neighbors and friends. We want this neighborhood to
continue to attract families and people who want to put down roots, with affordable homes where people
can raise their children with a familial feeling within the neighborhood and have baclryard barbeques.
High-density zoningwould change this neighborhood, push out established families and make it a
transient neighborhood. We don't want things to change, because with that change who is to say it would
be for the better. My belief is that it would not be for the better. You have residents in this neighborhood
who have their homes paid off. They want to stay here long term. But if zoning were changed to allow for
large apartment complexes to be built, then high-rise apartments and parking lots would surround our
homes. Do any of you want this to happen in your neighborhood? Would you choose the option of
owning a home in a nice, mature neighborhood with trees and grass, or next door to a high-rise
apartment building?
We have a wonderful feeling of good will among the people in this neighborhood. They help each other
and look out for one another. We have block parties and gatherings during the year. I spoke to a woman
renting a home in our neighborhood just the other day who told me that she loves this neighborhood.
She said it has a friendly atmosphere and is much nicer than where she used to live. We have homes with
landscaped yards, mature trees, producing fruit trees and berries. If this neighborhood were opened up
to bigger development beyond what is currently allowed what are residents supposed to do? It is easy to
say that we could sell to a developer and get the price of what our house is worth, but we can't move to a
new neighborhood that would retain our current neighbors or the mature yards and trees. We would be
starting over.
This kind of neighborhood is affordable to true middle-income families who have dreamed of having their
own home, with a garage and a small space to have a garden and a yard for backyard barbeques. Homes
thatwouldn't make them house poor. High-density zoningwould push these types of homes out and with
it families that really want to put down roots. It would make the efforts and sacrifice of the current
residents who have made it a nice place to live be for nothing.
It is difficult for me to understand why this neighborhood, which is so well established and mature, has
been targeted over the last three years for many zoning changes. Many of my friends have wondered
with myself, why aren't property developers and city council members looking to open space for this
further development? Why are they pulling apart nice, well-established neighborhoods? A group of
people who we don't know decided years ago to put together this comprehensive plan. If they knew what
the neighborhood looked like today and could understand the friendships here and the need for
affordable homes in our city, they may have made a different choice. All of you have that chance, to
recommend this change and make a different choice for this nei
Sincerely,
Charlene Tippetts
134 N 4th West
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Phone:208.359.3020
Fox: 208.359.3022wwwJexburg.org
File #: 1clor; ( {l
File Name; Ct;c<+ c)lkrl'tqtcts
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NOTICE OF PUBLIC HEARING
TO AMEND THE COMPREHENSIVE PLAN MAP
FOR THE CITY OF REXBURG
NOTICE IS HEREBY GIVEN that a Public Hearings will be heldMay@u14 at7:05 pm:
Public Headng: May 15, 2014 at7:05 p.M. ^tcity Hall, 35 North 1,, East, Rexburg,Idaho,before th9 Planrring and Zontngcommission of the city of R."b.rrg, Madison County, Idaho, toconsider (#14 001,51) to change to the Comprehensi.re plun Map fo? the :" W"riN.rghborhoodfiom Moderate-High Density Residential to Low-Moderate Density Residential.
comptehensive Plan Map Amendment for the (]'o !rz".l Neighborhood) - city of RexburgProoert'v location: See accompanymg Map for description o7 rh" specified property in the North 3dWest Neighborhood.
Propo*ed
3rd West }l,eighbcrho*d
Ccmp Flan Map Arnendm*nt
Legrl Descriotion:
Beginning where the notth nght of way of Main Street intersects with the railroad right of waywhich is a point along the south line of block 30, thence west aiong the south line of blocks 30, 29,and 28 to whete it intersects the right of way of N 5'n w, th.r.. ,rJrth aiong N 5ft W to where itrntersect with-the right of way of w 2"0 N, ihen east along right of wayto #here it intersects withth.e-Rexburg canal, ft.::: l9t_9 eastedy along the ,oou, Eurri of the canartowhere it intersects
1tth.th.e right of way of N 2"d w, thence south to where it intersects the dght of wayof w 2.d Nalso being the southeast comer of block 72, thencewest along the south line of bloc k 12 to thesouthwest comet of lot 4 block 1'2, thence south through th"'-iaat" of blocks 25 and,30 to where itintersects with the ntltoadright of way, *:r.: southwisterly alongrailroad right of way to the pointof beginning. Less: Lot 3 of Block 30 and the south half of Lot 2 of Block 30.
At such hearing the Planning rtg zonngcommission will hear all persons and all objections andrecommendations rela.tive to such proposed permits. The city clerk wili also accept writtencomments atcity Hail priot to,4:00 p.-. .1 h: !!'^ _of May, 2014.Thisnorice i, fi.r"r, pulsuant rothe provisions of Section 67-6508, ei-esog and,67-651.t tiiuocode, and ail amendments thereof.
DATED this 18'h day of April,2014.
CITY OF REXBURG
Publish: Apttl 26,and May 10, 2014
Blair D. IGy, City Clerk
---_, Statutes
Page I of2
Idaho Statutes
TrTLE 67
STATE GOVERNMENT AND STATE AFFAIRS
CHAPTER 65, LOCAL LAND USE PLANNING
67-65L2'spECrAL usE pERMrrs, coNDrrroNs, AND 'R..EDURES- (a) As part of azoning ordinance each governingr board. may provide by ordinance adop.ted,amended' or repealed in accordance with the notice -,id h"-ring proceduresprowi-ded under section o::_€r_Q9, rdaho code , for the processing ofapplications for special o? conditional use permits - A special use permitmay be granted to an applicant if the proposed use is conditionallypermitted by the Lerms of ihe ordi.r..r"",--"ubject to conditions pursuant tospecific provisions of the ord.inance, subject to the ability of politicalsubdivisions, including school districts, .to provide services for theproposed use' and when it is not in conflict ritr, the plan- Denial of aspecial use permit or approval of a special, use permit with conditionsunacceptable to the randowner may be subjeit to the regulatory takinganalysis provided for by section 67-8003, rdaho code, consistent withrequirements established thereby-(b) prior to granting a special use permit, dt reast one (1) pubrichearingr in which interestJd p".=o.r= shall have an opportunity to be heardstrall be held' At least fifteen (15) days prior to lire hearingr, notice ofthe time and place, and a surnmary of Lhe proposal shall be published inthe official newspaper or paper of general circulation within thejurisdiction' Notice may also i"-*"a""irr.ir-ot" to other newspapers, radioand telewision stations serving the j,rri=ai.tion for use as a publicserwice anno'ncement' Notice stratt o" pJ=t"d on the premises not less ttranone (1) week prior to th9 heariirg. Notwithstinding jurisdictional
*"?:T:T,,^,,",-o;3.,io"_:1"11-ir1o .o" ;;;;i;:; r_o properry owners or purckrasersof record wirhin rhe land beins consider; ";;;;'i;5:== ,iiol"1t5J"lithe external boundaries of the land b;i; considered, and any additional_
3li3._.,i1." '11 3:^ =:T::i:il_lo -impacteJ by rhe proposed special use as;J' ffi#"il:::'iJ"::"'=nT;ri: \notice pursuant to the provisions
"r trri'=-subsection sha11 have a rlnr.itil Iparticipate in public hearings,before a planning commission, planning and Izoning commission or governing board-(c) When notice is required to two hundred (200) or more properryowners or purchasers of record, alt.ernate forms of proced.ures which yr^,.r1\provide adequate notice may be provided by 1ocal ordinance in tt"lr""lF fmailed notice' rn the absence of a locally adopted alternat.ive norlce \procedure' sufficienL notice shall be deemed to have been provided if the \city or county provides notice trrrough-; display advertisement aL Ieasf If our (41 inches by two (2 ) col-umns ii "ir" in the of f iciar newspaper"":: Ithecityorcountyam'ii.j'a'ysn'l"''JJ.r."hearingdaxe,f
in addition to site posting on all external boundaries of .he site - ./(d) upon the granting of a =p."i.i use permit, conditions may beattached to a special ,r"" p.r.it inciuding, but not limited to, those,
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http://www'legislature.idaho.gov/idstat/Title 6l /T67cH65sECT67-65l2printerFriendly.htm 12130/2010
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