HomeMy WebLinkAboutFINDINGS OF FACT REZONE 2 - 16-00575 - 117 S 2nd E - Mattson Apartments (Abri) - Civil SiteFindings of Fact
City of Rexburg
35 North W East Phone: 208.359.3020
Rexburg, ID 83440 www.rexburg.org Fax: 208.359.3022
Rezone —Westland Holdings LLC - #14 00382
117S.2 d E.; and 204, 216, &230 E. 1" S.
C I TY OF
XBURG
CW —
1. On August 25, 2014, Judy Hobbs representing Westland Holdings LLC, presented to the
City of Rexburg Planning & Zoning Coordinator a request and application for a zone change
for the property located at approximately 117 S. 2"d E., and 204, 216, and 230 E. 1" S. in
Rexburg, Madison County, Idaho to be rezoned from Low Density Residential 3 (LDR3) to
Mixed Use 2 (MU2).
2. On August 26, 2014 the City Clerk sent the Notice of Public Hearing to be published in the
local newspaper on August 30 and September 13 2014. A notice was posted on the property
and sent to all property owners within 300 feet of the above mentioned property.
3. On September 18, 2014, Johnny Watson representing Westland Holdings LLC, presented to
the Planning & Zoning Commission for the City of Rexburg, the Request for a Rezone for
the property located at 117 S. 2"d E., and 204, 216, and 230 E. 1" S., in Rexburg, Madison
County, Idaho to be rezoned from Low Density Residential 3 to Mixed Use 2.
Steve Oakey motioned to recommend approval to City Council of a Rezone from Low Density
Residential 3 (LDR3) to Mixed Use 2 (MU2) for the property located at 117 South 2"d East, and 204,
216, and 230 East 1" South, to include the conditions of a 24 month sunset clause, and project
acceptance proceeded with verifiable constructive neighborhood input. Melanie Davenport
seconded the motion.
Tisha Flora asked who is going to verify that the neighborhood and the developer work together.
Dan Hanna said sometimes a few extra words may make things simpler. Don Sparhawk's specific
recommendations could be included.
Cory Sorensen thought that building heights should be addressed.
There was further discussion on possibly amending the motion.
Steve Oakey did not want to amend his motion.
There was a vote on the stated motion:
Those in Favor: Those Opposed:
Steve Oakey Cory Sorensen
Melanie Davenport Tisha Flora
Mark Rudd
Dan Hanna
Thaine Robinson
Gil Shirley
Bruce Sutherland
Motion failed.
Natalie Powell stated that City Attorney Stephen Zollinger, just consulted by phone, advised that
the Commission be careful regarding conditioning a zone change. It is legal to do conditions in this
case because the applicant representative brought forth some of the ideas.
Bruce Sutherland said we are opening a bag of worms. Several people are here with their own
views and opinions on the requested rezone. We should either pass it or fail it on its merits. We are
an advisory board. Let the City Council decide what conditions should be put on this.
Tisha Flora felt that conditions are important. If the City Council does not take the
recommendation, then the City Council would have to have another public hearing.
For clarification, Chairman Robinson quoted from the Development Code, Section 6.14 xi —
Hearing Procedures:
When the City Council rjecv a Comprebensioe Plan Map or a Zone Change lletommendation from a Public Hearing
That mar beld at a Planning and Zoning Commission meeting, anotber Public Hearing shall be required to be beld at
the next available City Council meeting.
Melanie Davenport said the Commission has the obligation to suggest some sort of protection
through conditions, for the neighborhood.
Tisha Flora agreed.
Mark Rudd felt the Commission should put conditions on the rezone that they agree with and
should not address the neighborhood and developer working together. That opens too many doors.
Dan Hanna motioned to recommend approval to City Council of a Rezone from Low Density
Residential 3 (LDR3) to Mixed Use 2 (MU2) for the property located at 117 South 2"d East, and 204,
216, and 230 East V South, and to include 4 conditions:
1. There shall be a sunset clause of 24 months for the applicant to obtain a building permit, or
the zoning reverts back to Low Density Residential 3.
2. Building height shall not exceed 30 feet.
3. There shall be limited access on Harvard Avenue.
4. There shall be adequate buffering of the neighbors on the south property line.
Mark Rudd seconded the motion.
Those in Favor:
Cory Sorensen
Steve Oakey
Mark Rudd
Dan Hanna
Gil Shirley
Tisha Flora
Melanie Davenport
Motion carried.
Those Opposed:
Bruce Sutherland
Thaine Robinson
4. At City Council on November 05, 2014, a Public Hearing was held at 7:30 P.M. (BIL
1122) to consider a Rezone — 117 South 2nd East; and 204, 216, and 230 East 1 st South
from Low Density Residential 3 (LDR3) to Mixed Use 2 (MU2).
Johnny Watson was happy to talk about the details of what they want to do. He doesn't believe in
calling it spot zoning because it is within line of the commercial zoning. He again pointed out that
they could put higher density buildings in the lot but the option of and office building is a better
option. His plan includes a residential buffer. He would like to see a a shorter than allowed building
and keep it at 30 feet. He would like to maintain communication with the homeowners. Discussion
on sunset clause.
Mayor Woodland opened the public hearing.
Rebuttal: — NONE
Staff Report: Val Christensen reviewed what is allowed in Mixed Use 2 zones. He reviewed the
recommendation of the planning and zoning.
Mayor Woodland closed the public hearing fox deliberations.
Council Member Merrill reemphasized that this has good buffering and that the conditions are
good. Council Member Wolfe talked about the 1 to 1 buffering which means if the building is 30
feet tall it needs 30 foot setback. This project will have 1 to 1 buffering or separation which is
adequate. He would like to add that a condition say that no apartments be built on Harvard.
Attorney Zollinger explained this. Wolfe is concerned that we protect the homeowners on Harvard.
The best way is to limit the number of units per structure. Maybe they could say non dormitory
housing. Merrill asked what limited access off of Harvard means. That means only residential
access.
Council Member Wolfe moved to approve the Rezone — 117 South 2nd East; and 204, 216, and
230 East 1 st South from Low Density Residential 3 (LDR3) to Mixed Use 2 (MU2); with conditions
that there is a 1 to 1 set back and that the residential part on Harvard be non -dormitory and
conditions and set forth by planning and zoning and that the access on Harvard be residential access
only Council Member Smith seconded the Mayor Woodland asked for a vote:
Those voting ave
Council President Smith
Council Member Merrill
Council Member Wolfe
The motion carried.
Those voting nay
Council Member Mann
Council Member Busby