HomeMy WebLinkAboutLETTERS - Between Shoshone and Mill Hollow - Rezone from RR2 to LDR with ProMarsha Lee Sparhawk
37 South Third East
Rexburg, Idaho 83440 -2001
February 4, 2004
Mayor Shawn Larsen
Rexburg City Council
12 North Center Street
Rexburg, ID 83440
Re: February 4, 2004, Hearing on Smith Application to allow Professional Office
Overlay on their land adjacent to Mill Hollow Road and Shoshone Street
Unfortunately I have another event on February 4 and will be unable to attend this hearing.
Therefore I would like to submit my testimony in this letter to be placed in the record for this
application. I hope that you will give it serious consideration as you make a decision on this
appeal.
We have been instructed when addressing the City Council and Planning and Zoning Meetings
that we must present facts and not emotions. This letter will not be emotional, but it will address
the noun, emotion, as a fact in the discussion of this zoning issue and all other zoning issues
pertaining to already zoned residential areas in our city wherein the city is trying to introduce
mixed zoning.
First of all, I support all the comments made by people in the January 8, 2004, Planning and
Zoning hearing who are opposed to the proposed zoning change to allow professional office
buildings in the residential area adjacent to Mill Hollow Road and Shoshone Street and
commend the Commission for denying this request.
It is not my intention to repeat all the facts presented in that meeting, but rather to address the
basic, bottom -line fact of this issue which has not been previously presented. Neighborhoods are
emotion; professional offices are not. Trying to mix the two is harmful to both communities.
First, the neighborhood is weakened and eventually will be destroyed; second, it limits the
boundaries of professional growth so that there can be no growth when needed unless further
destroying the neighborhood by purchasing and demolishing homes.
Sally Smith quoted a statement from Larry Thompson in the January 8, 2004, hearing. It came as
no surprise to me because Larry has told me the same thing. I can understand that Larry wants it
quiet when he is reading so he relishes empty offices and silent parking lots. I prefer to read with
my windows wide open so that I can hear the boys playing basketball or baseball and the girls
giggling and acting silly. I love hearing a lawnmower. It gives me great satisfaction to know my
neighbor is out working hard while I'm lazily reading a book — and I love the smell of fresh cut
grass. It gives me a feeling of peace knowing all is well in the neighborhood.
Although Larry would have us believe that all is well in his end of the neighborhood, his wife has
told me several times that she has nearly been hit or has nearly hit a car on many occasions
because of the traffic into and out of the Madison Professional Park.
Larry's statement seems to indicate that he prefers empty office buildings and silent parking lots
as neighbors. My question is this: When the Thompsons were unable to travel to their children's
homes for Christmas the past two years, did those empty offices and silent parking lots invite
them to Christmas dinner? The answer is no. The Sparhawks did — not out of charity or duty or
guilt, but because we love Larry and Carolyn as neighbors and friends. We wanted to share our
Christmas day with them simply because we love them.
The Thompson, like all of us in our neighborhood, have needed help occasionally. Did the
empty offices and silent parking lot help them on those occasions. No. Their neighbors did.
I think the above examples prove the fact that emotion is important in a neighborhood. The fact
is, emotion is the lifeblood of a neighborhood. I don't understand why doctors who are in the
business of saving lives can be so intent on sucking the life out of our neighborhoods.
Dr. Packer and Dr. Mills' wife both testified that they do not want professional offices in their
neighborhood. The irony of their testimonies is that both doctors seem to have no problem with
the location of their offices in our less affluent neighborhood. I guess the old adage is still true:
"What goes around, comes around," yet I support them in not wanting professional offices in
their neighborhood; I don't either.
In January 2001, my husband was on a bus with other community and chamber officials who
were going to Utah to check out growth in Provo and Orem. The headlines in the Post Register
newspaper read, "Bring a bit of Utah to Eastern Idaho. * ** Rexburg, U.S.A. What's ahead for
the eastern Idaho town may be influenced by ideas brought home from Utah town by city
leaders. * * * Utah trip gives Rexburg business, civic leaders ideas to try at home."
It seems the city of Rexburg had already been planning for months to systemically dismantle our
neighborhood. When John Watson announced their plan on that bus trip, he didn't realize that
Don lives in the neighborhood they were planning to destroy. Thus began our 2 -year odyssey
defending our residential neighborhood. — and we are sure that it is not over yet.
Maybe you need to take another bus trip to Provo, Utah, and see how things are working two
years later. You would discover their state of the art zoning laws aren't working too well.
My sister lives in a condominium on North University Avenue in Provo. Shortly after she and her
husband moved there, an upscale mall was built across the street from their home. It is not a
2
square box; it is not Albertson's and Wal-mart. The architectural design is trendy and eye
catching.
The stores are expensive — Talbots, Franklin Covey, Bath and Body, Victoria's Secret, Borders
Bookstore, Yankee Candles, Color Me Mine, Beauty supplies and salon, Jos. Banks (Men's
Clothing -- high end), Copeland Sports, Abercrombie and Fitch, Williams and Sonoma, and
numerous other gift and specialty shops. Some, such as Papyrus, GAP, and GAP Kids, had to
leave the Shops because they were losing money.
High -end restaurants such as Toucanos, Romero's Macaroni Grill, China Lily, and some on the
level of steak and burger places, Hogey Yogi, Bajio's Mexican food, frozen yogurt, etc. The
Wynsong Movie Center has over six theaters.
The developers of Shops at Riverwoods thought they had a great idea. They decided to mix
commercial stores, professional offices, and residential dwellings together. They built
condominiums above the trendy stores thinking they would sell like hot cakes. Well, think again,
They can't unload them. It seems the consumer doesn't want to purchase residential property and
share their space with store owners, professionals, customers and their cars.
In front of my sister's condominium, there is a string of "for sale" signs. It looked so bad that the
Condominium Association required all for sale and for rent signs removed, and they put up one
professionally -made sign indicating that information on sales and rentals was located next to the
postal boxes. Signs are also appearing in the windows of specific condos indicating that they are
for sale or for rent.
It seems these people don't want to live across the street from a commercial business district
which moved in after the residents did. Rather than their property appreciating, it is depreciating.
One of her neighbors had to lower her selling price substantially and took a loss in order to sell
her condo.
My niece and her husband lived just around the corner from her parents. They just purchased a
condo and moved away from this mixed zoning mess. Let me quote an e -mail I received from
her when I sent her a rough draft copy of this letter.
" I can certainly relate to formerly being right across the street from the Shops at Riverwoods!
Every time a movie would get out at night when Karl and I were trying to sleep, we could see the
headlights of cars glow in our bedroom window as they would make U- turns. The drag racing
that went on was absurd! We had to call the police on numerous occasions while we lived across
from the Shops. Also, like clock work, Wynsong Theatre would clean their carpets at around
2:00 a.m. and we could hear right into our bedroom that loud humming sound. Once again we
had to call the police numerous times concerning this! And there are "for sale /or for rent" signs
where we used to live also."
3
The fact is these people understand emotion. It takes emotion for a neighborhood to function and
thrive. I have one more example to substantiate my position.
Late last March, my husband and I had to be out of town. Don was not able to take our son
Andrew to an important meeting of our church which fathers and sons attend together. We told
Andrew to call a buddy knowing he has dozens of friends and any one of them would be happy to
share his dad with him for one evening.
Imagine our surprise when we returned home a few days later. Andrew did not call any of his
teenage buddies. He called Larry Thompson. Andrew loves, admires and emulates Larry
Thompson. Larry is his neighbor and friend.
The fact is Larry Thompson needs his neighbors and his neighbors need Larry Thompson.
Empty offices and silent parking lots don't cut it. They can't step up to the plate and help out
their neighbors when their neighbors need help. They can't breathe life into a neighborhood,
much less sustain it.
Hilary Clinton's famous book, It Takes a Village, can be applied to Rexburg's zoning problems
and it can be made even more specific. It takes a neighborhood to raise a child. My child, your
child. My children, your children.
Emotion — that is the lifeblood of the neighborhood and it is a fact that neighborhoods thrive on
their emotion. It is a fact that you are considering a life and death situation in this and similar
zoning issues. Strong neighborhoods build strong communities. Isn't that your end goal — to
have a strong, thriving community? By weakening and ultimately destroying neighborhoods, you
will be destroying the very community which you have made an oath to protect.
I plead with the Mayor and City Council to settle this issue once and for all. Protect our
residential neighborhoods by denying the Smiths' request and others like it. Provide for
professional offices by designating a currently undeveloped area far from established
neighborhoods for the building of professional offices where there is opportunity for continued
orderly growth as the city of Rexburg grows. These offices will still be only minutes away from
the hospital.
We need professional office buildings with their adjacent parking lots and we need residential
neighborhoods for the families in this city. We don't need them trying to occupy the same space.
Sincerely,
Marsha Lee Sparhawk
4
Distribution of Letter
City Officials
Mayor Shawn Larsen
Councilman Paul Pugmire
Councilman Nile Fullmer
Councilwoman Donna Benfield
Councilman Farrell Young
Councilman Rex Erickson
Councilman Garth Oakey
Planning and Zoning Commission
Chairman Winston Dyer
Commissioner Robert Schwartz
Commissioner Mike Ricks
Commissioner Steve McGary
Commissioner Jerry Hastings
Commissioner Mary Haley
Commissioner David Stein
Commissioner Joseph Laird
Commissioner Randall Porter
E
I
7VV
RR2 to LDR Zone Change
LDR Professional Overlay
N
WE
S I JF—
Proposed Zoning Change
sy—
February 4, 2004
RE: Professional Overlay on Mill Hollow
Rexburg City Council
12 N Center
Rexburg, ID 83440
Dear Honorable Mayor Larsen and Members of the Rexburg City Council:
My name is Ezekiel C. Barnard Jr. I reside at 429 Rolling Hills in Rexburg. I am writing
you this letter because I cannot attend your meeting tonight where you will be discussing
whether or not to overturn the decision made by the planning and zoning committee on
the professional overlay on Mill Hollow Road.
I urge you to please reject the appeal on this overlay. This is a residential neighborhood
and should remain as such. There is already too much traffic in our neighborhood. I
bought my home several years ago with the intention of living in a nice neighborhood
with great neighbors not the congestion and noise and property devaluation that will
result with this professional overlay. I find it interesting that the City has plans for
Rexburg that seem to fly out the window with almost every development request that
comes before the you. I doubt that your new comprehensive plan that is still in process of
being developed would include a professional overlay in our neighborhood. Please do not
make the same mistakes of councilpersons before you and make decisions contrary to
your new comprehensive plan. You should have a vision for the future land use for this
great city of ours and make decisions based on that vision. Otherwise, developers and
investors whose interests are not commensurate with our vision will decide our land use
in the future. We need to put together our comprehensive plan, get it approved and then
only approve development that falls within that plan. All other uses that are outside the
Plan, such as the request before you tonight need to be rejected. If you approve this
overlay, this will be just one more example of the City of Rexburg enabling the
developers and investors to control the destiny of our city. Please do what is right for our
neighborhood and reject this appeal.
Thank you for taking time out of your busy calendar to read my statement.
Sincerely,
Ezekiel C. Barnard Jr. v �-
429 Rolling Hills
Rexburg, ID 83440
208 - 359 -9633
FINDINGS OF FACT
OF THE
REXBURG PLANNING & ZONING COMINUSSION
FOR REQUESTED
ZONE CHANGE & OVERLAY
1. On November 3, 2003, A. Lyle Smith presented to the Rexburg City Clerk a Request and
Application for a rezone on a parcel of about 12 acres of property located at
approximately 512 S. Millhollow in the City of Rexburg, the requested rezone of the
property was from Rural Residential 2 (RR2) to Low Density Residential (LDR) with a
Professional Overlay.
2. On December 16, 2003, the City Clerk sent the Notice of Public Hearing to be published
in the local newspaper on December 17, 2003, and January 5, 2004. A notice was posted
on the property and sent to all property owners within 300 feet of the above mentioned
property.
3. On January 8, 2004, Sally Smith appeared before the Planning & Zoning Commission for
the City of Rexburg requesting a rezone from Rural Residential 2 (RR2) to Low Density
Residential (LDR) with a Professional Overlay on the property located at approximately
512 S. Millhollow (The said property is located between Shoshone Avenue and South
Millhollow Road. The north/south boundary is south of Rolling Hills Drive and north of
512 South Millhollow Road in Rexburg, Madison County, Idaho, and more particularly
described as follows: see attached map. A portion of the NW 1 /4 of the SE 1 /a of Section
29, Township 6 North, Range 40 East, Boise Meridian, Madison County, Idaho. There
was some input from some of the neighbors who strongly opposed the requested zone
change. A motion was made by Planning & Zoning to recommend to the City Council
that the request to change the zone from RR2 to LDR be approved; however, the
Planning & Zoning commission further recommended that the request for the
Professional Overlay be denied, as it was inconsistent with the Comprehensive Plan in
that it did not represent a transitional area between commercial and residential areas
Furthermore, it was not consistent with the general plan for residential use within the
area as evidence y the property owners in the immediate vicinity.
These findings accurately and completely represent the facts as they have occurred as of this 4 t '
day of February, 2004.
vco-4- ZA%:;rt—
S City AAdhey