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Home My WebLink AboutFOF - Jeppesen, Nelda - 1042 S 1000 W - Annexation & RezonesFINDINGS OF FACT FOR ANNEXATION AND ZONE CHANGE FOR NELDA JEPPESEN On February 23, 2001, Grace Wilson, P.O.A. for Nelda Jeppesen presented to the Rexburg City Clerk a Request and Application for Annexation and Zone Change for property located at 1042 South 1000 West in the City of Rexburg. It is requested to annex this property and change the zoning from Rural Residential to Medium Density Residential (MDR). 2. On March 14, 2001, Judy Davis of Real Estate by Archibald representing Nelda Jeppsen appeared before the Planning & Zoning Commission for the City of Rexburg requesting annexation and zone change. With new knowledge that Planning & Zoning will be making changes to the High Density Residential (HDR) zoning ordinance it was requested that this matter be tabled for a future date. Steph�er, City A ey lex /�//,P.O. Box 280 Qly 0/l(//M707 12 North Center Street Rexburg, Idaho 83440 Phone (208) 359.3020 STATE OF IDAHO Fax (208) 359-3022 I �rSF7ty�a-mai rexburg®cl.rexburg.id.us � www.ci.rexburg.id.us July 25, 2001 Nelda Jeppesen c/o Grace Wilson, POA 1042 So. 1000 West Rexburg, ID 83440 RE: Findings of Fact on Zone Change Dear Ms. Jeppsen: Enclosed is a copy of the Findings of Fact for your Zone Change to HDR2 concerning the property located at 1042 So. 1000 West. Yours truly, reANKSWITERTIR-1w, Marilyn Hansen City Clerk CC: Judy Davis -Hobbs FINDINGS OF FACT FOR ANNEXATION AND ZONE CHANGE FOR NELDA JEPPESEN On May 17, 2001, Grace Wilson, P.O.A. for Nelda Jeppesen presented to the Rexburg City Clerk a Request and Application for Annexation and Zone Change for property located at 1042 South 1000 West in the City of Rexburg. It is requested to annex this property and change the zoning from Rural Residential to High Density Residential (HDR2). On May 23, 2001, Judy Davis of Real Estate by Archibald representing Nelda Jeppsen appeared before the Planning & Zoning Commission for the City of Rexburg requesting annexation and zone change. After lengthy discussion it was recommended that this request be sent to public hearing. 3. On June 1, 2001, the City Clerk sent the Notice of Public Hearing for publication in the local newspaper on June 6 and June 20, 2001, posted a notice on the property and sent notices to all property owners within 300 feet of the above mentioned property. 4. On June 27, 2001, Judy Davis of Real Estate by Archibald and Michael Kam, Attorney at Law, representing Nelda Jeppesen appeared before the Planning & Zoning Commission for the City of Rexburg requesting annexation and zone change on property located at 1042 South 1000 West from Rural Residential (RR) to High Density Residential 2 (HDR2). There were numerous public comments from neighbors all opposing the zone change request. Discussion concerning the objections, the safety issues and the traffic at Madison Middle School. It was recommend by Planning & Zoning that this request be approved for public hearing before the City Council with approval of the annexation and a zone change to Medium Density Residential. 5. On July 2, 2001, the City Clerk sent the Notice of Public Hearing for publication in the local newspaper on July 2 and July 11, 2001, posted a notice on the property and sent notices to all property owners within 300 feet of the above mentioned property. 6. On July 18, 2001, Judy Davis of Real Estate by Archibald and Michael Kam, Attorney at Law, representing Nelda Jeppesen appeared before the City Council for the City of Rexburg requesting annexation and zone change on property located at 1042 So. 1000 West from Rural Residential (RR) to High Density Residential 2 (HDR2). There were numerous neighbors with public comments and 4 letters from concerned citizens all opposing the zone change request to HDR2. After lengthy discussion this request for zone change to High Density Residential 2 (HDR2) was denied on the basis of safety concerns with the location of the Madison Middle School nearby and increased traffic. FINDINGS OF FACT FOR ANNEXATION AND ZONE CHANGE FOR NELDA JEPPESEN 1. On September 26, 2001, John Watson on behalf of Nelda Jeppesen appeared before the Planning & Zoning Commission for the City of Rexburg requesting Annexation and a Zone Change from Rural Residential (RR) to High Density Residential 2 (HDR2) on said property located at 1042 So. 1000 West. It was recommended that this request go to public hearing. 2. On October 2, 2001, John Watson on behalf of Nelda Jeppesen presented to the Rexburg City Clerk a Request and Application for Annexation and Zone Change on property located at 1042 So. 1000 West in the City of Rexburg, said property to be changed from Rural Residential (RR) to High Density Residential 2 (HDR2) for the purpose of building apartment complexes. 3. On October 2, 2001, the City Clerk sent the Notice of Public Hearing for a public hearing to be held before the Planning & Zoning Commission on October 24, 2001, for publication in the local newspaper on October 8 and 17, 2001, posted a notice on the property and sent notices to all property owners within 300 feet of the above mentioned property. 4. On October 24, 2001, John Watson on behalf of Nelda Jeppesen appeared before the Planning & Zoning Commission for the City of Rexburg requesting annexation and zone change from Rural Residential (RR) to High Density Residential 2 (HDR2) on property located at 1042 So. 1000 West in Rexburg, Idaho. There was numerous comments from neighbors agreeing to annexation but opposing the zone change to High Density Residential 2 (HDR2) for reasons of destroying the harmony of the surrounding neighborhood, safety issues because of the school location, and sufficient other property already zoned for apartments which is undeveloped. After much discussion and deliberation it was recommended by Planning & Zoning that this request be approved for public hearing before the City Council with a recommendation the property be annexed with the following provisions: A conditional 30' open space easement for protection on the north of the property A conditional 20' buffer on the east to the canal bank A mandatory 30' open space zoned buffer on the south edge A mandatory 100' open space zoned buffer on the west clear to 7`s South, 40' of which would be considered for right-of-way of the road The property itself be zoned Medium Density Residential and that the buffering and open spaces proposed be allowed to be counted in the gross acreage when considering the density on MDR 5. On October 31, 2001, the City Clerk sent the Notice of Public hearing for a public hearing to be held before the City Council on November 21, 2001, for publication in the local newspaper on November 2 and 14, 2001, posted a notice on the property and sent notices to all property owners within 300 feet of the above mentioned property. 6. Because of the holiday scheduling date and time and opposition from neighbors of the hearing date of November 21, 2001, Mayor Sutherland cancelled said hearing until the City Council meeting scheduled for December 19, 2001. 7. On November 7, 2001, the City Clerk sent the Amended Notice of Public Hearing for a public hearing to be held before the City Council on December 19, 2001, for publication in the local newspaper on November 19 and December 12, 2001, posted a notice on the property and sent notices to all property owners within 300 feet of the above mentioned property. 8. On December 19, 2001, John Watson on behalf of Nelda Jeppsen appeared before the City Council of the City of Rexburg requesting annexation on property located at 1042 South 1000 West with a zone change from Rural Residential (RR) to High Density Residential 2 (HDR2). 9. On December 19, 2001, John Watson, Judy Davis -Hobbs, Jim Smith and Grace Wilson appeared on behalf of Nelda Jeppesen requesting annexation of property at 1042 South 1000 West with a zone change to High Density Residential (HDR). There was a group of citizens and neighbors present in opposition to this zone change for reasons of safety, aesthetics, disruption of a neighborhood, an already sufficient amount of undeveloped property zoned High Density Residential (HDR), and requested this property be zoned only Low Density Residential 1 (LDRI). Grace Wilson stated this property is now farm ground, it is not feasible to sell just for houses and that a zone change other than High Density Residential (HDR) is unacceptable. After much deliberation and based on the recommendation from Planning & Zoning to zone this property Medium Density Residential (MDR) and the desires of the neighborhood to leave it zoned Low Density Residential (LDR1) and the conflict in between it was moved and approved to deny this request for High Density Residential (HDR).. StepheA Zollinger, City Atto FINDINGS OF FACT FOR ANNEXATION & ZONE CHANGE Judy Hobbs, representing Nelda Jeppesen, presented to the Rexburg City Clerk a Request and Application for Annexation and a Zone Change on property located at 1042 South 1000 West in Madison County, said property to be annexed and changed from Rural Residential (RR) to Medium Density Residential (MDR). 2. On May 8d', 2002, Judy Hobbs appeared before the Planning & Zoning Commission for the City of Rexburg requesting annexation and a zone change of said property from Rural Residential (RR) to Medium Density Residential (MDR). It was recommended that this request should go to public hearing. At this time, Cal Hulse of 1038 South 1000 West was also requesting annexation and a zone change from RR to MDR. The Commission said that these two properties could be noticed, posted and advertised as one hearing and property owners may share in the costs. Judy Hobbs, representing Nelda Jeppesen, and Cal Hulse agreed to this arrangement. On May 23`d, 2002, the City Clerk sent the Notice of Public Hearing to be published in the local newspaper on May 24' and June 5d', 2002. Said notice was posted on the property and sent to all property owners within 300 feet of the above mentioned property. 4. On June 12d', 2002, Judy Hobbs and Sharron Jeppesen, representing Nelda Jeppesen and Cal and Christine Hulse, appeared before the Planning & Zoning Commission for the City of Rexburg requesting annexation and a zone change from RR to MDR on property located at 1042 and 1038 South 1000 West. There were comments of opposition of encroachment on a residential neighborhood and concern for safety of school children from several neighbors. After discussion and reviewing of the Zoning Ordinance, page 20, (comparing MDR and LDRI uses) the Planning and Zoning Commission recommended annexation of the above properties with MDR zoning and that this request be approved for public hearing before the City Council. 5. On June 13d', 2002, the City Clerk sent the Notice of Public Hearing to the local newspaper to be published on June 14' and June 26d', 2002. Said notice was posted on the property and sent to all property owners within 300 feet of the above mentioned property. 6. On July 3`d, 2002, Judy Hobbs and Sharron Jeppesen, representing Nelda Jeppesen and Cal and Christine Hulse, appeared before the City Council of the City of Rexburg requesting annexation and a zone change from RR to MDR on property located at 1042 and 1038 South 1000 West. There were letters read and comments from the public with regards to increased traffic, safety, future development, property values and sufficient property in the City that is already zoned HDR or MDR. After much deliberation and discussion among the council members it was moved and approved to follow the Planning & Zoning Commissions recommendation and annex the above mentioned property into the City and re -zone the property from Rural Residential (RR) to Medium Density Residential (MDR). Ordinance 878 annexing the above property with a zone change from RR to MDR was created and published. �1 Stephen Hollinger, City Attorn63 January 2, 2002 Judy Davis -Hobbs 117 W. Main. Rexburg, ID 83440 P.O. Box 280 Q l y (0/ 2e x PD/% a 1/ y 12 North Center Street // °° // Rexburg, Idaho 83440 STATE OF IDAHO Phone(208)359-3020 Fax (208) 359-3022 e-mail rexburg@srv.net RE: Findings of Fact on Annexation and Zone Change Nelda Jeppesen TO WHOM IT MAY CONCERN: Enclosed is a copy of the Council Minutes of December 19, 2001 and the Findings of Fact on Annexation and Zone Change on the Nelda Jeppesen property. Yours truly, CITY OF REXBURG Marilyn Wasden City Clerk