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HomeMy WebLinkAboutREASON FOR DECISION - 18-00209 - Cul de sac block - RezoneReason for Decision City of Rexburg o 35 North 1,1 East Phone: 208.359.3020 Rexburg, ID 83440 www.rexburg.org Fax: 208.359.3022 Rezone 18-00209 Cul De Sac Low Density Residential 2 to Low Density Residential 3 C IT Y OF REXBURG CW— America's Family Communit Fall of 2017, Erica Greenfield called inquiring about 319 Cul De Sac. The home is built as a duplex. Inspectors from the building department visited to determine life safety requirements needed to operate as a duplex. Erica purchased the property on the premise this could be done. 2. April 18, 2018 Tawnya talked to Erica Greenfield and determine the lot she was trying to do the duplex on was too small for the zone. April 23, 2018, a rezone along Cul De Sac was discussed at a staff Strategic Planning meeting. It was determined the whole block would be rezoned LDR3 except the existing MDR2 parcel, and a southeast parcel that has 4-plexes on it, which will be rezoned MDR2. The reason for this request is to allow all of these nonconforming lots on this block to become conforming. There are no changes in use. An application was filled out for a City - sponsored zone change. 4. January 24`h, 2018, Application was received for a Rezone for 220 S 2nd W (Arbor Cove). Notice was sent to the paper to be published on January 30' and February 13', 2018 for the address of 258 S 2"d W and February 15`h P&Z meeting. 5. May 9, 2018, Notice was sent to the newspaper to be published on May 22"d and June 5d'. 6. May 23, 2018, Notice was mailed to all landowners and adjacent landowners. 7. May 31, 2018, Notice was posted on the property. 8. June 7, 2018, the application was presented before the Planning & Zoning Commission. 6:40PM - (18-00209) Cul De Sac block — Rezone from LDR2 to LDR3 and 1 parcel to MDR2 — Craig Rindlisbacher Craig Rindlisbacher — City Staff — There are a number of nonconforming lots along Cul De Sac street. This is creating a problem for them to make improvements. This is a proposal to rezone most of the block to LDR3. This would bring all of the lots into conformance with the code except a piece of Medium Density already there and one with Medium Density use on the southeast lot of the block. The fairgrounds at the north were located. Dan Hanna's property is the current MDR2 lot in the middle of the block. Mark Rudd talked about rezoning to LDR3 to allow the smaller size lots. LDR2 requires 8,000 square feet. The size of lots right now are 6,000 square feet and are not compliant lots Page 1 of 3 ° a in LDR2. Many of Lie lots do not conform to the rules. The proposal doesn't change the use of the properties. Steve Oakey asked if this request is in anticipation of a future development. Staff answered this is not. Darrik Farmer asked about homes that rent out their basements. This use would still be allowed. Emerald West is the name of the property to the southwest, which is currently multi -family housing. Tawnya explained where Brittany Lane is already Low Density Residential 3. The change would allow the right area requited for all the lots to be legal. The lots that border Cul De Sac street are too small for a Low Density Residential 2 zone. John Bowen asked what prompted this request. One lot came forward with a request to change their property. Staff looked at the area as a whole and realized there are many more properties in the area with the same problem. These people would all have to come in and make the request to do anything with their properties, including anyone who would want to create a duplex. Instead of each person coming in who has a problem with a lot, the city decided to bring this request forward. One person has their house built as a duplex already, but they can't rent it out because they are not compliant with the zone. Chairman Heidi Christensen opened the public hearing. Please state your name. If you agree, say you agree with their testimony. Please do not repeat testimony. Testimony needs to be kept to 3 minutes. In Favor: None Neutral: Dave Pearson — 150 N 4' W — He owns 4 properties in the proposal. He doesn't see a problem with the proposal. If there are rentals, the parking situation is his concern. Candy McFadden — 182 N 4'h W — He doesn't see a problem as it is explained. A couple of years ago, a comprehensive plan map changes was requested to protect the neighborhood and keep it single-family homes. Some concessions were made to allow 4-plexes in the area. Does changing the zoning, change the property tax value? The duplexes have been in place for years. Why don't we grandfather the existing duplexes in? If this allows duplexes, but doesn't allow for more density, she would be in favor of the proposal. Under Steve Zollinger's recommendation, a neighborhood association has been put in place for the purpose of the comprehensive plan map change. Is there still protection for the neighborhood? She wants to protect what is already in place. Robert Parish — 341 Cul De Sac — He agrees with Candy McFadden. His concern is property value and taxation. How will this affect us? He is worried about parking. One of his cars was damaged. He is concerned about the parking of 6 cars when there is room for only 3 cars; this is not adequate parking. He has no problems with updating the apartment complexes. He has a nice neighborhood and would like to keep this a safe neighborhood. He would like to have their concerns addressed and not lose anything. Opposed: Robert or Bob Michaels - 350 Cul De Sac — He has lived there for 33 years. The plat boundary lines are wrong. In his opinion, in the interest of the inaccuracy of the plat, he would not like to see this zone change, thinking this would change his current property lines. Because, his neighbor would have his living room and his neighbor would have his garage on Bob's property. By enforcing the zone change, peoples' property boundaries would be changed. Written Input: No written input received. Rebuttal: Craig Rindlisbacher responded. The City does not assess taxes, the County Assessor does, based on the value of the property due to the market. Comparison homes that have sold are used to determine this value. The zone can influence the value. Page 2 of 3 I Chairman Heidi t l istensen closed the public hearing. Commission discussion: Steve Oakey talked about the person requesting the duplex use would have been prohibited to do so. This action would increase the value of this neighbor's property and potentially the resale value. Gil Shirley talked about giving these people the opportunity to change the zoning of their property. The Commissioners discussed if the zoning would remain, the property values would remain the same, and the people on this block will not be allowed to make changes to their property as grandfathered lots. Tonight, Devin increased the value of his property, allowing him to rent out his property to more people. Gil Shirley said the parking compliance would fall to Natalie Powell. He asked Natalie to address the parking request. She talked about when a business registration for a duplex comes forward, the area of the lot for a duplex is checked. If something is not legal in the first place, the City helps the applicant to become legal. Parking is one of the items that are reviewed with the business registration. Without parking, a person cannot use a home as a duplex. If they are using the homes as a duplex and go over on their parking, this is when the compliance officer comes in. Greg Blacker said the parking is 2/door. Natalie said the parking must be off the street on the parcel. The City will maintain the parking compliance. Craig Rindlisbacher said plats are done by surveyors and recorded at the County. GIS is the model of what the surveyors have done. It doesn't always represent reality. Nor do surveyors agree causing lines to overlap or gap. GIS tries to get the lines to match the photo. GIS is a model, not a public record. The zoning has no bearing on the survey. There is no staff report for this action; the staff recommends approval. Steve Oakey motioned to recommend to City Council the passage of the request based on the zone correction to bring the parcels into compliance. Gil Shirley seconded the motion. Vote: Motion passed (summary: Yes = 7, No = 0, Abstain = 0). Yes: Darrik Fanner, Greg Blacker, Heidi Christensen, John Bowen, Steve Oakey, Gil Shirley, and Mark Rudd. No: None. The people who attended were reminded that this request will be held before City Council in two weeks if they feel there needs to be more discussion. 9. Ordinance No. 1189 (18-00209) to Rezone at approximately Culdesac Block (18-00209) from Low Density Residential Two to Low Density Residential Three and one parcel to Medium Density Residential Two — Craig Rindlisbacher City Planner Rindlisbachet reviewed the map of the property on the overhead screen all of the parcels except for the one parcel are requesting to be changed to Low Density Residential Three and the bottom left parcel be changed to Medium Density Residential Two. City Planner Rindlisbacher said the rezone is being precipitate by some of the owners requesting to do some improvements because most of the lots are non -conforming with the current zone. By changing the zone they will conform and be able to make the improvements without a Conditional Use Permit. Page 3 of 4 Rezone hon LDRE b LDR3 and MDR Council Member Wolfe moved to approve the Rezone at Culdesac Block to Low Density Residential Three (LDR3) and one parcel to Medium Density Residential Two (MDR2); Council Member Busby seconded the motion; Mayor Merrill asked for a vote: Those voting ave Those voting nab Council Member Flora Council Member Wolfe Council Member Busby Council Member Walker Council President Smith The motion carried Page 4 of 4 July 11", 2018 Meeting Council Member Mann moved to consider Ordinance 1189 (18-00209) - Rezone at approximately Cul-de-sac Block from Low Density Residential Two to Low Density Residential Three and one parcel to Medium Density Residential Two second read; Council Member Walker seconded the motion; Council President Smith asked for a vote: Those voting ave Those voting nag Council Member Flora None Council Member Mann Council Member Wolfe Council Member Walker Council President Smith The motion carried July 18"', 2018 Meeting Council Member Walker moved to third read and approve Ordinance 1189 the rezone at approximately Culdesac Block from Low Density Residential Two to Low Density Residential Three and one parcel to Medium Density Residential Two; Council President Smith seconded the motion; Mayor Merrill asked for a vote: Those voting ave Council Member Mann Council Member Wolfe Council Member Busby Council Member Walker Council President Smith The motion carried Page 5 of 5 Those voting nag