HomeMy WebLinkAboutFOF - Wadholm, Rick - 347 S 4th W - Rezone from HBD to HDRFINDINGS OF FACT
FOR
ZONE CHANGE
On December 5, 2001, Rik Wadholm presented to the Rexburg City Clerk a Request and
Application for Zone Change on property located at 347 S. 4`s West in the City of
Rexburg, said property to be changed from Highway Business District (HBD) to High
Density Residential (HDR).
2. Said request for zone change was not in compliance with the Comprehensive Plan. On
February 13, 2002, Rik Wadholm appeared before the Planning & Zoning Commission for
the City of Rexburg requesting the Comprehensive Plan be changed on the above
mentioned property to multi -family. It was recommended by Planning & Zoning that this
matter be approved and sent to City Council for public hearing on the Comprehensive Plan
to change to multi -family the area on the Comprehensive Plan map to include the
Wadholm property and property to the south in the transitional area, but exclude those
properties facing 4s` South.
On March 14, 2002, Rik Wadholm appeared before the City Council for the City of
Rexburg requesting the Comprehensive Plan be changed on the above mentioned property
to multi -family. It was approved by the City Council to change to multi -family the area on
the Comprehensive Plan map and property to the south in the transitional area on the map
but to exclude those properties facing 4`s South.
4. On March 18, 2002, the City Clerk sent the Notice of Public Hearing for a hearing before
the Planning & Zoning Commission on April 10, 2002, for publication in the local
newspaper on March 22 and April 3, 2002, posted a notice on the property and sent
notices to all property owners within 300 feet of the above mentioned property.
5. On April 10, 2002, Rik Wadholm appeared before the Planning & Zoning Commission for
the City of Rexburg requesting a zone change on said property located at 347 So. 4s`
West from Highway Business District (HBD) to High Density Residential (HDR). There
was some concern expressed from neighbors in their desire to have these apartments stay
for married students rather than go for single students. It was recommend by Planning &
Zoning that this request be approved for public hearing before the City Council.
On April 12, 2002, the City Clerk sent the Notice of Public Hearing for a hearing before
the City Council on May 1, 2002, for publication in the local newspaper on April 15 and
April 24, 2002, posted a notice on the property and sent notices to all property owners
within 300 feet of the above mentioned property.
On May 1, 2002, Rik Wadholm appeared before the City Council of the City of Rexburg
requesting a zone change on said property located at 347 So. 4' West from Highway
Business District (HBD) to High Density Residential (HDR). There were comments from
the public with regards to increased traffic and privacy. After discussion concerning High
Density in the middle of a block, spot zoning and the size of the lot, a motion was made to
deny the request for High Density Residential but approve a Medium Density Residential
zoning. With this motion Rik Wadholm requested that his request be withdrawn. The
motion was withdrawn. It was moved and unanimously approved that this requested zone
change to High Density Residential be denied for the reasons previously discussed.
Stephen Zollinger, City Attorney
FINDINGS OF FACT
FOR
ZONE CHANGE
1. On May 17s', 2002, Rik Wadhohn presented to the Rexburg City Clerk a Request and
Application for Zone Change on property located at 347 South 4'" West in the City of
Rexburg, said property to be changed from Highway Business District (HBD) to High
Density Residential (HDR). They have purchased additional property with this
application.
2. On June 12s 2002, Rik Wadholm appeared before the Planning & Zoning Commission
for the City of Rexburg requesting a zone change of said property from HBD to HDR.
Glenn made a motion to send this request for zone change to City Council for
reconsideration with the same intent as the motion made on April 1 O 2002, which stated:
"that they approve the zone change from HBD to HDR and send it to Public Hearing
before the City Council". Doug Smith seconded the motion. The purpose of this identical
motion is to eliminate additional meetings and take the request back to City Council where
it can be adjudicated. The Commission voted as follows:
Those voting Aye: Winston Dyer Those voting Nay: Steve McGary
Glenn Walker Mike Ricks
Doug Smith Ted Whyte
DaVawn Beattie
The vote was four ayes and three nays. The motion carried.
3. On June 27h, 2002, the City Clerk sent the Notice of Public Hearing to be published in
the local newspaper on July 1' and July 10°, 2002. A notice was posted on the property
and sent to all property owners within 300 feet of the above mentioned property.
4. On July 17'", 2002, Rik Wadholm appeared before the City Council of the City of
Rexburg requesting a zone change on property located at 347 South 4' West from HBD
to HDR. There were comments from the public in opposition with concern for privacy,
increased traffic and safety. Some were in favor of HDR over HBD, the current zone.
The council reviewed the history of this area in regards to the Comprehensive Plan and the
recent actions requested for this property.
Shawn Larsen made a motion to accept the Planning and Zoning Commission's
recommendation to change the zoning at this property, 347 South 4`a West, from Highway
Business District (BBD) to High Density Residential (HDR). Glen Pond seconded the
motion. Voting was as follows:
Voting Aye: Glen Pond Voting Nay: Paul Pugmire
Shawn Larsen Nyle Fullmer
Marsha Bjornn
The motion carried. The Zone Change was granted.
Stephen rollinger, City A rney