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HomeMy WebLinkAboutFINDINGS OF FACT REZONE - 16-00575 - 117 S 2nd E - Mattson Apartments (Abri) - Civil Site Rezone – 2M Holdings LLC and Steve Herdti #16 00533 135 and 141 South 2nd East 1. On October 6, 2016, Judy Hobbs of Realty Quest presented to the City of Rexburg Planning & Zoning Coordinator a request and application for a zone change for the specified property located at 135 and 141 South 2nd East in Rexburg, Madison County, Idaho to be rezoned from Low Density Residential 3 ( LDR3) to Mixed Use 2 (MU2). 2. On October 6, 2016 the City Clerk sent the Notice of Public Hearing to be published in the local newspaper on October 14 and October 28, 2016. A notice was posted on the property and was sent to all property owners within 300 feet of the above mentioned property. 3. On November 3, 2016, Judy Hobbs presented to the Planning & Zoning Commission for the City of Rexburg, the Request for a Rezone for the property located at 135 and 141 South 2nd East in Rexburg, Madison County, Idaho to be rezoned from Low Density Residential 3 to Mixed Use 2 . Chairman Walker gave his thoughts. In retrospect, what they did as a Commission at the time of the original request was they changed the underlying use map of this whole area; then they allowed the zoning to change with conditions that put it back in a residential zone. Technically, it does not comply with the underlying use. The Commission should have left a 60-foot strip of residential zone to buffer. They should have done the same thing here. The only recourse the Commission has to create a residential buffer for all the neighborhoods to the east is to condition this rezone, even though they do not like to do so. The Chairman stated that the Commission has the authority to either recommend approval without conditions or with conditions. Rory Kunz motioned to recommend approval of a Rezone at 135 and 141 South 2nd East to change from Low Density Residential 3 (LDR3) to Mixed Use Two (MU2), to include that there would be a Restrictive Development Lot Covenant between the subject property and the corner development on the north (same owner), and to include eight conditions from the Conditional Use Permit (CUP) for that corner development - a total of nine (9) conditions. Bruce Sutherland seconded the motion. None opposed. Motion carried. Rezone – 2M Holdings LLC and Steve Herdti: 1. A Restrictive Development Lot Covenant between the subject property and the corner development to the north (also owned by 2M Holdings LLC) shall be completed. 2. Building heights shall not exceed 30 feet. 35 North1st East Rexburg, ID 83440 Phone: 208.359.3020 Fax: 208.359.3022 www.rexburg.org Findings of Fact City of Rexburg 3. The non-dormitory housing on Harvard is clarified to be two story twin or townhomes or two story single unit homes only. 4. There shall be limited access on Harvard and there shall be residential access from the twin and town homes only. 5. There shall be adequate buffering of the neighbors on the south property line with a minimum of 15 foot trees such as a thick hedge of evergreen trees as a better visual and sound buffer and as approved by the design committee. 6. One to one set-backs, meaning there shall be a 30 foot set-back on the south side of the property and also a set- back of 10 feet on Second East to match the housing to the south. 7. Sidewalks on Second East and First South shall be widened to a minimum of 8 feet wide as stated by the Planning & Zoning Commission. 8. The parking structure shall be designed or screened from the adjoining residents to the south and reviewed by the design review committee as set forth by Planning & Zoning Commission. 9. If twin homes are not built within two years, those lots which were intended for twin homes shall be landscaped with grass and trees and maintained as a park like area until such time as the homes are built. 4. On November 16th, 2016 at City Council, Council President Smith moved to approve the rezone of 135 and 141 South 2nd East from Low Density Residential Three (LDR3) to Mixed Use Two (MU2) as presented with all the Planning and Zoning Conditions including (15-foot-high trees) recommended by the Planning and Zoning Commission; also, 30-foot buffer language to buffer all residential uses; Council Member Wolfe seconded the motion; Mayor Merrill asked for a vote: Those voting aye Those voting nay Council President Smith None Council Member Flora Council Member Benfield Council Member Mann Council Member Wolfe Council Member Busby The motion carried Council President Smith moved to approve the rezone of 135 and 141 South 2nd East from Low Density Residential Three (LDR3) to Mixed Use Two (MU2) as presented with all the Planning and Zoning Conditions including (15-foot-high trees) recommended by the Planning and Zoning Commission; also, 30-foot buffer language to buffer all residential uses; Council Member Wolfe seconded the motion; Mayor Merrill asked for a vote: Those voting aye Those voting nay Council President Smith None Council Member Flora Council Member Benfield Council Member Mann Council Member Wolfe Council Member Busby The motion carried Rezone – 2M Holdings LLC and Steve Herdti: 1. A Restrictive Development Lot Covenant between the subject property and the corner development to the north (also owned by 2M Holdings LLC) shall be completed. 2. Building heights shall not exceed 30 feet. 3. The non-dormitory housing on Harvard is clarified to be two story twin or townhomes or two story single unit homes only. 4. There shall be limited access on Harvard and there shall be residential access from the twin and town homes only. 5. There shall be adequate buffering of the neighbors on the south property line with a minimum of 15 foot trees such as a thick hedge of evergreen trees as a better visual and sound buffer and as approved by the design committee. 6. One to one set-backs, meaning there shall be a 30 foot set-back on the south side of the property and also a set- back of 10 feet on Second East to match the housing to the south. 7. Sidewalks on Second East and First South shall be widened to a minimum of 8 feet wide as stated by the Planning & Zoning Commission. 8. The parking structure shall be designed or screened from the adjoining residents to the south and reviewed by the design review committee as set forth by Planning & Zoning Commission. 9. If twin homes are not built within two years, those lots which were intended for twin homes shall be landscaped with grass and trees and maintained as a park like area until such time as the homes are built.