HomeMy WebLinkAboutREASON FOR DECISION - 18-00311 - Approx 411 S Harvard Ave - Rezone to LDR3Reason for Decision
City of Rexburg �o
35 North 1=f East Phone: 208.359.3020
Rexburg, ID 83440 www.rexburg.org Fax: 208.359.3022
Rezone 18-00311
Approx. 411 S. Harvard Ave.
Low Density Residential One (LDR1) to Low Density Residential Three (LDR3)
CITY OF
REXBURG
Cw-
Americas Family Communi(
1. June 7, 2018 Application was received to Rezone Approx. 411 S. Harvard from LDR1 to
LDR3 and fees were paid.
2. June 14`h, the Staff Review Summary and Staff Report were emailed to the applicant.
3. The Planning & Zoning Commission canceled the meeting for July 12, 2018. The
applicant's request will be heard July 19`h.
4. June 26`h, Notice was sent to the paper to be published on July 3'd and July 17th, 2018 for
the July 19'h P&Z meeting.
5. July 5th, 2018, Notice was mailed to adjacent landowners.
6. July 12th, 2018, Notice was posted on the property.
July 16'h, 2018, a written response was received from James and JoAnn Greene. Also, an
agenda for the P&Z meeting on July 19' was emailed to the applicant, Blake Willis.
8. July 17'h, 2018, a written response was received from Jay and Sephlin Hepworth.
9. July 19'h, 2018, Blake Willis presented the application to the Planning & Zoning
Commission.
6:35PM — (18-00311) Approx. 411 S. Harvard Ave. —Rezone from Low Density Residential
1 to Low Density Residential 3.
Blake Willis — 1343 Morningside Drive — He has lived in Rexburg for 27 years. He and his
wife own several properties of community housing near the campus or surrounding
properties. They take pride in their properties and take good care of them. One of his
properties has been used by the Rexburg Beautification website. His proposal is to change
the zoning of the property at 411 S. Harvard. The property was identified on the map next
to campus. Apartments are built currently on 2 or 3 of the sides of the proposed property:
northeast is Buena Vista, to the north is Camelot, University Place, and Hillcrest Apartments
to the southwest. Currently, the lot is a weed patch. There has been concerns about weeds,
insects, garbage, rodents, etc. The current zoning fur surrounding parcels in the
neighborhood were identified. The proposal is to change the parcel from LDR1 to LDR3.
Commissioner Rory Kunz asked, what kind of buildings surround the parcel? 4-plexes are
to the North. Camelot has 4-8 unit apartments. To the northeast is the Alternative High
School and community housing, University Place, is straight west. To the southwest is
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Hillcrest Apartments a,.a single-family homes are to the east. The .andowner wanted a big
apartment complex put in here, but the zoning and neighborhood would not allow this kind
of development. The zoning in LDR3 would only allow duplex apartments. The proposal
will probably be 4 -duplex apartments. The possible buildings would be about 1,000 square
feet per unit. An elevation plan was displayed to show the general idea for a building.
Steve Oakey asked if Blake Willis planned on building taller than one level. Blake Willis
answered, the current plan would be to go down, not up. Mark Rudd asked if the parcel
was a piece of the Sherwood Hills Subdivision nad this was confirmed. Steve Oakey said,
there are homes in the neighborhood that are currently taller than this development and
there is an elevation change at the property.
Commissioner Rory Kunz asked for any other clarifying questions. Gil Shirley asked
about the history to the east of the vacant lot. The vacant lot is LDR1 and is a buildable lot.
Greg Blacker asked, "Are there any covenants in the neighborhood?"
Blake will work with the subdivision as a duplex development is currently against the
covenants. Mark Rudd asked, "Is there an active association?" This was confirmed. Steve
Oakey asked, "Are any adjacent homes that are renting their basements?" Planner Craig
Rindlisbacher answered, if there are, they would be grandfathered. Blake answered, he
thinks the home on the corner has a basement apartment. Melanie Davenport asked about
the difference between a twin home and a duplex. She thinks there are some twin homes in
this neighborhood. The Commissioners answered her question.
Commissioner Rory Kunz opened the public input portion of the hearing at 6:46 p.m.
Favor:
Val Christensen — 430 S 3'd E — He is acting as a homeowner and not as staff. He showed
a picture viewed from the back door of his house. The picture shows an apartment complex
beyond the parcel on 411 S Harvard. He and his wife have lived in their home for 21 years.
The Hepworth's vacant lot is currently a bike park to the north of him. Big holes are dug in
the dirt. Garbage has been dumped on the 411 S. Harvard property in the past. As a City
employee, he has probably heard 30 requests over the years for an apartment on the land.
He has had to tell them no because of various reasons. This is the fust time someone has
actually wanted to build; it has mostly been an investment property. A large home will not
want to build next to the apartments. The proposal is a step-down from the apartments to
the single-family homes. He would be happy to have the backyards of the duplexes against
his backyard. He has talked to many neighbors about the good sense the proposal makes.
The property will access onto Harvard, so the traffic probably won't affect his
neighborhood. He would like to see the land built on and he and his wife are for the
proposal.
David Brown — 371 S 3'd E — He has lived in this home for 21 years. The neighbors have
met twice in the past few days to discuss this proposal. He would like to see something
done on the property, but the neighborhood association has some concerns, which will be
addressed by David Peck.
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Rexburg Planningand Zoning Cummisslon
City Hall
35 North t"I•:ast
Rexburg, ID 03440
Commissioners,
As nearby residents of the proposed zoning change on Harvard Ave south of 4•
South, we would like to say we may he In favor of a change from LDRI to LDR 3
If a housing development did. not allow high rise apattmelits, The vacant land lies
In back of single resident homes and directly across from marded student
apartments and would he suitable for smaller homes or duplexes as transition
area. In this low plot of land, the view would not be very desirable but may be
fit for older residents or students. It would be nice if developer was Ina position
to also purchase the deteriorating apartment complex on 31a South next to the
vacant property but of course that Is an entirely different subject
We hope to be available to attend a future hearing and appreciate your careful
consideration of proposal.
Respectfully, /
Ja % and JoAnn Greene
419 S V last
Rexburg
Neutral: None
Opposed:
David Peck — 323 S 3' E — He is the President of the neighborhood association. He
identified his home and where the neighborhood association members live. He does not
think they are against the proposed changes as an association. The zoning change is mote
permanent than the building plan that requires permits.
• They would like to see a transition. They would like to keep in mind the definition for the
LDR zoning which is to protect stable neighborhoods.
• They would like to see less units, rather than more on the property staying closer to 2 units
on the parcel.
• There is a concern about traffic, the width of the street changes and the road narrows.
Traffic off of 3' South is an issue; it is more of an arterial road with heavier traffic. They
would like the road widened with car parking on both sides of the street. It essentially
becomes a one -lane road. Can something be done with the street?
• Cutting through already occurs through the lots; jaywalking. They would like to see people
using the established crosswalks.
• Make sure the aesthetics are addressed, green space for property values and the look of the
neighborhood.
• In their neighborhood, they know there is a lot of lava rock, which makes it difficult to dig
down for a basement.
• Please make sure the structures are adequate for garbage, water and sewer. Buena Vista has
a challenge with their dumpsters; they come out into the road. The dumpster does not go
back into the area set aside for it.
• The association is unsure about how the zoning affects the neighborhood.
Nikki Hepworth — 407 S 3`d E — He has lived in Rexburg all of his life. His family owns
the vacant lot to the north of Val Christensen and they currently live across the street with
his family. The reason they haven't built on the vacant lot is they are waiting to see what will
be done with the proposed property. The family has been interested in purchasing the lot,
but the people who owned it wanted a lot of money for the lot. Children in the
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neighborhood play on we lot. He grew up playing on lot and the -, ke park that is on their
building lot. They would like the bike park to stay. The traffic is in a challenge; he gets
tickets for parking on the street; there are already too many people parking on the street. He
does not want to see deterioration in the neighborhood, possibly with apartments and if the
people take care of the location. The following letter was submitted by Nikki's parents:
July 17, 2018 Jay and Sephlin Hepworth
407 South 3- East / 412 South 3• East
Rexburg, ID 83440
City Hall
City Of Rexburg
Rexburg, Idaho 83440
Re: Public Hearing to Rezone Approx. 411 South Harvard Ave.
We are against the rezoning of the property on 411 South Harvard Avenue from Low
Density Residential 1(LDR 11 to Low Density Residential 3 (LDR 3).
This property is directly behind our property, whichever angle you look at it. We bought
the property at 412 South 3•, Fast to build a home for our family in the near future. We
would not like to see the Harvard location bought just to be turned into a rental home,
or be repurposed like other commercial land in the area_
The prospective buyers are not going to live in the neighborhood, nor would they allow
the same thing to be built in their own neighborhood. I believe they would have
interest in making a profit, while simultaneously deforming the character of our
neighborhood.
R is already a frustration not being able to park in front of my own house. This
residential zoning will add one more dimension of inconvenience to the area.
We also feel the prospective buyers would like to purchase the area because of the
proximity to the Brigham young University Idaho campus. We feel the future structure
would be rentals suited for the college population, again not a benefit to locals.
The fact that LDR1 Zoned homes are stationed so dose to a major university makes our
neighborhood a great location for families to reside in town. Nearby college faculty have
also have a short distance to walk to work.
Personally we would love to seethe empty field remain. My children have room to go
explore and play in the field which they do constantly. It is a place where they could
ride a bicycle and create little jumps without the constant barrage of people and fences.
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The city might feel people need places to rent because they can't afford to purchase real
estate. There are many other places locally that fall under the LDR 3 that renters can
use. There is no need to change our current zoning. We love our community as it is.
That property has sat vacant because everyone who buys it overpays for its purchase
with the intent to get it rezoned and build rental units on it for the college.
Neighborhood residents want to protect the uniqueness of area. Every other side of
campus is being torn up for apartments, and this is the only side of town left that has
not gone that route.
Rezoning this property will devalue our properties. It will take away the safe, family
community feel for us and our children with these renters coming and going.
Best Regards,
Jay and Sephlin Hepworth
Rebuttal:
Blake Willis understands some of the concerns as a resident of Rexburg. When land is
bought and built upon, the aesthetics and value improve. All of his current properties are
well-maintained. This should be a minimum concern regarding upkeep. The property is 0.8
acre. The normal size of a residential lot is 0.2 to 0.3 acres in the City. The lots proposed
would be around 0.2 acres. There would be adequate parking for residents and visitors off
of the road. The reason the land has not been developed is people who want to build a
residential home are not interested in building next to the high-density apartments. There
would not be any high-rise apartments on the proposed land; this is not allowed in the
zoning. The zone would only allow a smaller -residential -feeling development.
Commissioner Rory Kunz closed the public input portion of the hearing at 7:08 PM. He
invited staff to report.
Planner Craig RindHsbacher stated single-family residential on the Comprehensive Plan
Map allows LDR1, LDR2 and LDR3. The zone change fits the intention of the
Comprehensive Plan. Staff feels this proposal represents the type of transition they would
like to see next to high-density apartments. Staff recommends approval of this request.
Rory Kunz asked, what is the highest density that an LDR3 could have? Densities in the
LDR zones are by lot size: 8,000 square feet for a duplex, 6,000 for single family home. Can
apartments be built in LDR3? No. Steve Oakey asked, does the City have the right to
confiscate private property if the lot that is being used by local residents as a play field?
Craig Rindlisbacher answered, no. Steve Oakey asked the City's policy on traffic for
bicycle and car parking? The Staff Review does not address traffic. As we plan, we are
constantly upgrading our streets. We do not plan solely for the impact of traffic. The street
of Harvard does not come under any special consideration over others. As traffic increases,
you widen, maintain, etc. Harvard is a narrow street; more traffic could impact the
neighborhood to function as a single-family neighborhood. Brad Wolfe talked about the
rezone not being affected until a project is submitted, at which time the traffic and
everything else would be looked at. Greg Blacker asked, can the property be rezoned
against the covenants? What takes precedence? The covenants or the zoning? The
covenants are a private contract matter. The City doesn't enforce covenants either. If they
build a project that doesn't meet the covenants, that would be a private matter that would be
sorted out between individuals or in the courts. The association would have to hire an
attorney. Gil Shirley asked, what are the height restrictions? Height restrictions are the
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same in both LDR1 art" LDR3. He was concerned if the property vould be sold, someone
else might have a different idea. Compliance Officer Natalie Powell asks the Commission
to just consider the zoning and not the project. Kristi Anderson told attendees a review is
needed by the Community Development Director for compatibility with the neighborhood
before building.
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(208)359-3020
Land Use -Rezone
Applicetm Status: Review
Application Number. 18-00311
Appliunt Details
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Adiew: Apra.. 411 5 Wrvard Ave.
1pplUdon Rwiswid Date: 06/07/2018
Property Details Parcel Size : 0.00 aaw
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Commission Discussion: Mark Rudd used to live in this neighborhood. I£ in the past,
the land was changed to duplexes it was approved back then. He thinks it is a nice fit and a
good transition. Greg Blacker thinks it will be a nice fit. Weeds devalue the neighborhood.
This is what he would like to see in the area. Melanie Davenport said the elevation change
fits for single-family residential. Gil Shirley commented about how long the parcel has been
a vacant lot. On the staff report, it says the lot has been vacant for 20 years. He has been in
Rexburg for 60 years and it has been vacant the entire time. Rexburg was established in
1883, so the lot has been vacant for 135 years. He would like to something happen here and
a plan has to go through plan review, perhaps 3 or 4 units. He is in favor.
Motion: Motioned to recommend to City Council to approve the proposal as suggested on
the basis of the age of the lot, the difficult nature of maintaining the lot and the good
transition for the neighborhood., Action: Adjourn, Moved by Steve Oakey, Seconded by
Kristi Anderson.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 7).
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Yes: Gil Shirley, Greg Blacker, Mark Rudd, Melanie Davenpon, Steve Oakey, Krisd
Anderson and Rory Kunz.
10. August 1, 2018 — Rexburg City Council:
Director Johnson indicated that staff believes this is keeping in line with the residential
area. This will also provide buffering from the single family homes that are in LDR1 to the
Medium and High density that surrounds the area. There was one person who spoke in
opposition to the zone change and there was one letter in opposition.
Council Member Wolfe said most of the opposition was from people who want their kids
to be able to play on the lot. Four duplexes are being proposed for the lot.
Council Member Busby moved to approve Ordinance 1195 (18-00311) Rezone
Approximately 411 South Harvard from Low Density Residential 1 (LDR1) to Low
Density Residential 3 (LDR3); Council Member Walker seconded the motion; Mayor Merrill
asked for a vote:
Those voting ayeaye
Council Member Flora
Council Member Walker
Council Member Mann
Council Member Busby
Council Member Wolfe
Council President Smith
The motion carried
11. August 15, 2018 — Rexburg City Council
Those voting nay
None
Council President Smith moved to approve Ordinance 1195 the Rezone at
approximately 411 South Harvard from Low Density Residential 1 (LDR1) to Low
Density Residential 3 (LDR3) and consider it second read; Council Member Mann seconded
the motion; Mayor Merrill asked for a vote:
Those voting aye
Council Member Flora
Council Member Mann
Council Member Busby
Council Member Walker
Council President Smith
The motion carried
Page 7 of 8
Those voting nay
12. September 5, 2018 —Rexburg City Council
Council Member Busby moved to approve Ordinance 1195 (18-00311) Rezone Approx.
411 South Harvard from Low Density Residential 1 (LDR1) to Low Density Residential 3
(LDR3) and consider it third read; Council Member Walker seconded the motion; Council
President Smith asked for a vote:
Those voting ayeaye Those voting nay
Council Member Flora None
Council Member Walker
Council Member Mann
Council Member Busby
Council President Smith
The motion carried
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