HomeMy WebLinkAboutINSERT LETTER - 2008.09.17 CITY COUNCIL MINUTES
September 17, 2008
Council Members:
Resolution No. 2005-06 which has been adopted by the City of Rexburg states:
SECTION 4: MOTIONS AND VOTING
F. Mayoral Veto. The Mayor shall have power to veto or sign any ordinance passed by
the City Council; provided, that any ordinance vetoed by the Mayor may be passed
over his/her veto by a vote of one-half (1/2) plus one (1) of the members of the full
council, notwithstanding the veto, and should the Mayor neglect or refuse to sign
any ordinance, and return the same with his/her objections, in writing, at the
next regular meeting of the council, the same shall become law without
his/her signature.
The purpose of my presentation this evening is to return Resolution 2008-16 unsigned to the
City Council along with my written concerns and to ask the City Council to consider
conditions on future zoning requests which will give the existing neighborhoods some
protection as future zoning requests are made.
I know there was some confusion concerning the process that had to be followed to adopt
the land use map and some Council Members have expressed to me that the adoption of the
map does not adequately reflect the spirit of compromise that was discussed by all the
Council Members during the public hearing. To that end, I would like to discuss the two
changes that were made to the Comprehensive Plan map which were contrary to the
recommendations from our Planning and Zoning Commission.
Area Two 208 E. 3rd S. Low-Moderate Residential to Moderate-High Residential: I believe
the neighborhood made a compelling case to why this home should remain low density
residential. The additional traffic on second east and third south adversely affects the
existing single family residential neighborhood. The increased on-street parking is also a
concern for this neighborhood and increasing the density of this area would only exacerbate
the problem. On a side note, our police department has issued over 50 parking tickets in the
last week in this area alone because of the on-street parking that is in violation to the current
parking restrictions. Finally, the many neighbors who took the time to attend the public
hearing on August 25, 2008 and the work meeting on September 3, 2008 were of the
understanding that the City Council would honor its verbal commitment to accept the
recommendation from the Planning and Zoning Commission concerning this area.
Next is Area Four which is located between 2nd East and the Professional Plaza Low-
Moderate Residential to Mixed Use: During the public hearing on August 25, 2008 the City
Council heard testimony from individuals that felt the Mixed Use designation was not
appropriate in this area at this time and during the work meeting members of the City
Council agreed verbally to not change this area, but rather the neighborhood should work
with the doctors to come up with a plan either under a Pro Zone (which would be allowed
in under the low density land use designation) or come up with a development plan that
could be facilitated in six months if a compromise could be achieved with the surrounding
neighborhood association. Similar to Area Two, those in attendance at the public hearing on
August 20, 2008 and the work meeting on September 3, 2008 left with the understanding
that the City Council would follow through on their verbal commitment and not change the
designated land use.
Having voiced my concerns to the Council’s actions I understand the importance of
adopting a Comprehensive Plan Map and Plan that directs our growth and development into
the future. To delay this plan would be detrimental to the overall interests of the
community. This is a process that we have been working on for over a year and half and it is
important to move forward with this process. Since no zoning has been changed on these
properties, I would suggest to the council that on these two particular areas the following
conditions be given consideration when the applicants come before the Planning and
Zoning Commission and the City Council for a potential zone change:
Area #2 Neighborhood Concern
or Issue
Condition
Maintaining the integrity of the
neighborhood
The incremental spread of
incompatible land uses
The definition of clear neighborhood
boundaries
The idea that a land use transition
along 2nd E is inevitable
The home must be owner occupied.
Dormitory housing will be limited to
the basement.
A basement apartment will be limited
to 6 individuals.
The need to protect 2nd E traffic flow
The development of two entrances in
close proximity to each other and to
the 3rd S intersection creates conflict
It is preferable that apartment parking
be developed with access through the
existing parking lot to the south.
The diagonal driveway across the
property will not be used for parking
ratios for the purpose of satisfying
parking requirements.
.
Noise Dormitory parking on 3rd S will not be
allowed. Consider permit-only parking
on 2nd E and 3rd S.
The deterioration of a highly visible,
traditional neighborhood in the
community
Losing the gateway to the eastern
neighborhoods
Owner will maintain professional
landscaping that fits the tradition of
the neighborhood, and the property
will be kept in good condition.
The preferred land use change opens
the door to future owners’ unrestricted
development
A new CUP will be required for any
future actions beyond those agreed
upon in the original CUP.
Area #4 Neighborhood Concern
or Issue
Condition
The incremental spread of
incompatible land uses into the eastern
neighborhoods
The Professional Plaza will serve as
the boundary between Commercial
and Residential land use.
Building heights and scale that detract
from a residential environment
Building heights will be limited to the
existing residential standards.
The need to protect 2nd E Traffic Flow The project will utilize interior parking
with limited access to 2nd E.
The intrusion of lighting, noise, and
traffic into exiting residences.
Neighborhood participation in the
planning process will generate a
neighborhood-friendly development
plan.
The preferred land use change opens
the door to future owners’ unrestricted
development
If a plan is not presented within six
months, the council will take steps to
change the preferred land use
designation back to Low-density
Residential.
I appreciate the opportunity to express my concerns and objections and I would hope each
Council Member consider these conditions when these areas come before you for a zoning
change.
Sincerely,
Shawn Larsen
Mayor