HomeMy WebLinkAboutREZONE APPEAL - Between Shoshone and Mill Hollow - Rexone from RR2 to LDR with ProAppeal of Rezone
Request
Adding "Professional Overlay" on
a portion of the area between
Shoshone Avenue & S. Millhollow
Road, framed by Rolling Hills
Drive on the North.
Close -up of Site
History
On January 8, 2004, the Rexburg Planning
& Zoning Commission held a hearing.
After hearing testimony, the P &Z
recommended rezoning the land at issue
from RR2 to LDR.
But, the P &Z denied our request to
establish a Professional Overlay in a
portion of the rezoned area.
Reasons for P &Z Decision
"[D]eny the inclusion of Professional
Overlay based upon the fact that the
Professional Overlay ... is not consistent
with the Comprehensive Plan ....
"...and overwhelming public feeling in the
opposite of the request."
Source: Minutes of Rexburg P &Z, January
8, 2004.
P &Z Decision Incorrect . .
(w, Professional Overlay is consistent with the
Comprehensive Plan.
Public input was considered at the wrong
stage of the process.
Professional Overlay is Consistent
with Comprehensive Plan
Comp. Plan designates area in question as
"Single - Family Residential."
The Rexburg Ordinance creating Professional
Overlays states that they will conform to the
"residential character" of the neighborhood.
Why? Professional Overlays are allowed
residential areas.
inside
Evidence: Four out of five current Professional
Overlays in Rexburg are in areas designated
residential in the Comp. Plan.
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And, 4 of the 5
Professional
Overlays are in
areas designated
residential by the
Comprehensive
Plan
Public Input should have been
factored in during the site plan review.
The Professional Overlay ordinance requires
that the Site Plan "conform to the residential
character" and "minimize potential nuisance
activities ".
Whether both criteria are met is an issue of fact,
requiring public input.
Instead, here, the public input was directed at a
use allowed under the Comp. Plan. The proper
time would have been later during the site plan
review.
Counter - Argument Fails
C{ Opponents suggest that a Professional Overlay
must be both near the hospital and in an area of
transition from residential to commercial, citing
the Zoning Ordinance.
But, Webster's dictionary says "and" either
"indicate[s] connection" or is "used to join
sentence elements ". Here, it is the later.
Specifically, "and ", in context, means "or."
� *£ Evidence is where other Professional Overlays
have been placed - -- most without transitioning
from residential to commercial.
Fundamentally, the P &Z's Findings
of Fact cannot hold water.
Professional Overlays are consistent with
the Comp. Plan's requirement for a
residential use in the area.
Public input cannot trump allowable uses.
Otherwise, we have government by "mob
rule," not by the law. The interests of
individuals in the area should be protected
during the site plan review.