HomeMy WebLinkAboutATTORNEY LETTER - Oakey, Steve - 50 & 60 S 1st W - Rezone from MDR to HBDLaw Offices of
SMITH & HANCOCK
30 South 2nd West
Post Office Box 427
Rexburg,Idaho 83440
(Office) 208-356-5493 (Fax) (208) 356-5496
Mary Smith
December 13, 2000
Rexburg Planning and Zoning Commission
Rexburg City Hall
12 North Center
Rexburg, Idaho 83440
Re: 'Review" of Request to Amend Comprehensive Plan
for the South half of Block 40 and the North half of
Block 47
Dear Members of the Planning and Zoning Commission:
J. A Hancock
It has been brought to our attention that there is a "review" of the request made by Verna
Gneiting and the supplemental request made by many other residents of Blocks 40 and 47 for an
amendment to the Comprehensive Plan's designation of these specific areas.
Whenever a request or petition is made to amend the comprehensive plan, it triggers the
notice requirements specified in Idaho Code, Section 67-6509. Specifically, the Planning and
Zoning Commission must conduct a public hearing and at least fifteen (15) days prior to the
hearing, notice of the time and place and a summary of the proposed change must be published in
the official newspaper of general circulation within the jurisdiction.
The due process requirements of federal and state law mandate that notice be given to all
landowners of the areas involved and that an opportunity to be heard be provided. To my
knowledge, no publication of any such notice has been made nor have any of the landowners in
the areas been notified of any public hearing.
The City Council has the right prior to the adoption, amendment or repeal of any
comprehensive plan to conduct at least one public hearing in addition to the public hearing(s)
conducted by the Planning and Zoning Commission, following the same notice and hearing
procedures as the Commission. Those are clearly set forth in Idaho Code, Section 67-6509.
As landowners in the north half of Block 47, we personally want to advise the Planning
and Zoning Commission of the reasons why we believe the comprehensive plan, as it pertains to
Rexburg Planning and Zoning Commission
December 13, 2000
Page Two
the north half of Block 47 and the south half of Block 40, should be changed.
(1.) The uses, including the homes, church and three businesses (Ed. D. Jones location at
the corner of South la' West and West 18' South, the used car lot at the corner of West I' South
and South 2'd West and the R & B Drive In on South T' West) have remained in tact, unchanged
for thirty (3 0) years. Of this we have personal knowledge.
(2.) Within the past thirty (3 0) years there has been no change in the residential character
of these neighbors. All of the homes in this area comply with the MDR multi -family density
residential classification.
(3.) It is very obvious from the announcement made by the Benfields and other
downtown business owners that the desirable business locations are on North 2"d East and the
Salem Highway. Also attesting to this is the fact that there are numerous business locations
along Main Street which have been vacant for several months, some for years (the corner lot at
West Main Street and North 2nd West for example).
(4.) There is an abundance of property zoned HBD and Commercial along designated
highway routes (Highway 33 and old U. S. Highway 191) which give plenty of opportunity for
businesses to operate within the permitted uses in Highway Business Districts or commercially -
zoned areas.
(5.) The ward boundaries established by the L.D.S. Church in Rexburg Center Stake and
which were major reasons for the re -alignment of boundaries of the Rexburg 2"d, 5' and West
Main wards took into consideration that these particular areas in question would remain multi-
family residential areas.
(6.) All of the home owners who reside within these two half -block areas with the
exception of the Quicks and Pratts who want to sell their property to Steve Oakey, want to have
these designated areas remain MDR.
None of us were aware of the specific changes in the comprehensive plan nor were we
aware of when the Planning and Zoning Commission designated our areas as commercial areas.
The evidence of the past fifty years does not bear this projection out. There needs to be a much
better way of advising individual land owners of any changes in the zoning or comprehensive
plan because many people do not subscribe to the local newspaper for a variety of reasons.
Based upon the foregoing considerations, we would respectfully request that the hearing
and notice requirements required by Section 67-6509 be complied with before any consideration
Rexburg Planning and Zoning Commission
December 13, 2000
Page Two
of our application for changing the comprehensive plan is discussed.
Sincerely,
vI D. and Ann Hancock
JDH/mb
cc: Steve Zollinger, Rexburg City Attorney
September 27, 2000
City of Rexburg
Planing & Zoning Commission
12 North Center
Rexburg, ID 83440
Commissioners:
This evening you are considering a request for a zone change on our
property at 60 South 1st West, Rexburg. We would like to voice our support for
that zone change.
Because of the growth and development of Rexburg we are being
surrounded by non-residential uses, both commercial and multi -family housing units.
This home was my grandmother's home for many years and even though I hate to
see this change, I realize that it is inevitable as the City grows. Our life -quality has
been impacted by the current growth; our children have few other children to play
with in the neighborhood and the traffic is fast and continual. With the approval of
a new multi -family unit east of us we realize the changes are here to stay. The value
of our home has decreased, as a single family home, because of the development
around us and we view this opportunity to sell to a commercial investor as our only
chance to better our situation without financial hardship.
We urge your approval of the zoning of our home from Medium Density
Residential to Highway Business District.
Respectfully submitted,
Wade & Hope Quick
60 South 1st West
Rexburg, ID 83440
656-3268