HomeMy WebLinkAbout11.7.19 P&Z Minutes_exppdf
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City Staff and Others:
Scott Johnson – Economic Development
Stephen Zollinger – City Attorney
Natalie Powell – Compliance Officer
Tawnya Grover – P&Z Administrative Assistant
Chairman Rory Kunz opened the meeting at 6:30p.m.
Roll Call of Planning and Zoning Commissioners:
Present: Chairman Rory Kunz, Bruce Sutherland, Melanie Davenport, Greg Blacker, Steve
Oakey, Vince Haley, Kristi Anderson, Keith Esplin, David Pulsipher, Todd Marx.
Minutes:
From Planning and Zoning meeting – September 19, 2019
MOTION: Approve the minutes as recorded, Action: Approve, Moved by Kristi Anderson,
Seconded by Todd Marx.
VOTE. Motion passed (summary: Yes = 10, No = 0, Abstain = 1).
Yes: Bruce Sutherland, Chairman Rory Kunz, David Pulsipher, Greg Blacker, John Bowen,
Keith Esplin, Kristi Anderson, Melanie Davenport, Todd Marx, Vince Haley.
Abstain: Steve Oakey.
Chairman Rory Kunz reviewed the Public Hearing procedures. Vince Haley asked about the
downtown meeting next week on Tuesday and Thursday night, 3-5pm. Commissioners are invited
to attend both nights.
Public Hearings:
1. 6:35PM – Sky Meadows Subdivision Block 1 & 5 – Rezone from LDR1 to LDR2 – An LDR2
zone would allow twin homes or duplexes on these lots allowing 14 additional units. (action) -
Aaron Robertson
Aaron Robertson – Representing
Blue Ox Development, which is the
owner of the LLC, who owns the
property in Sky Meadows
Subdivision. – 2048 E 6075 S, Ogden,
UT. Blue Ox has been the owner of
the property for 12 years, and at time
of purchase, the plan for the property
was already approved. Over the past
few years, some movement has
started. His company has had an
office in Rexburg for the past 10
years. He is proposing rezoning the
35 North 1st East
Rexburg, ID 83440
Phone: 208.359.3020
Fax: 208.359.3022
www.rexburg.org
Planning & Zoning Minutes
November 7, 2019
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southeast corner of the property for twin homes. Rexburg has a community of polarized
housing types. Rexburg sees many homes aimed toward students and sprawling, single-family
lots. There are not a lot of up -rent twin homes; he believes there is a gap in the market. Twin
homes were recently approved in Founders’ Square and are found in neighboring subdivisions.
The twin homes will include the same style of construction and quality to match the existing
single-family homes. This subdivision are on the edge of the city. Those impacted the most are
those who own property in his subdivision. A similar request for this area was presented to
Planning & Zoning, but was denied at City Council.
Steve Oakey asked under what circumstances Aaron’s request was denied. Aaron recalled the
LDR3 zone requested at the time would allow for trailer homes and the residents were worried
this would happen. Many neighbors came out in opposition. Greg Blacker asked about
covenants. The covenants speak to the size of home, type of architecture and finishes, but they
do not prohibit the use of a twin home. Kristi Anderson clarified the request this time is for
LDR2, not LDR3. She asked if any homes were built adjacent to the properties for tonight’s
request. There may be one home built on the corner lot. Aaron identified where homes are
present on Stone Drive. Several of the roads have not been built to allow access to some of the
lots platted for the subdivision. Steve asked about the average cost of homes. Most of the
homes are above $300,000. Founders’ Square homes are about $200,000 to $300,000. Aaron
was not involved in the approval of Founders Square; he cannot speak to the prices of these
homes.
Staff Report: Alan Parkinson (City Planner) – There are LDR2 properties up on the ridge
where Bart Stevens has one. Founders’ Square recently came in to amend their Planned Unit
Development (PUD) to allow about 7 lots for twin homes. No one has built there yet, but it has
been approved. Staff has reviewed the Aaron Robertson’s request and recommends approval.
Public Works did recommend the streetlights be put in; there are no streetlights currently in any
of Sky Meadows.
Chairman Rory Kunz asked the Commissioners if they had any clarification questions for staff.
None.
Chairman Rory Kunz asked the Commissioners if they had any conflicts of interest or if they
had been approached by any parties relative to this particular subject. If you believe your prior
contact with respect to this subject has created a bias, you should recuse yourself, otherwise at
this time please indicate the nature of your conversation or contact.
Chairman Rory Kunz reviewed the public hearing procedures.
Chairman Rory Kunz opened the public input portion of the hearing at 6:47p.m.
Favor: None
Neutral:
Carlos Rojas – Sky Meadows Subdivision – The subdivision has been there for 3 years. He is
concerned about the issue of the streetlights. Neighbors have contacted the city to complain
about the lack of streetlights. In addition, the CC&Rs have not been followed since he has
owned his home. His house is one of the houses built before Copper Creek decided to build; he
was told he could not have a structure on the front. When he finished his house, another
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builder built a fantastic house with the same structure he wanted. Carlos talked to the City about
this CC&R violation and was told by the City, the City could not do anything about this.
Chairman Rory Kunz confirmed the City does not enforce CC&Rs, but you could get with the
Developer and the person in charge of the Design Committee to clear up this matter. Carlos
was told by the Developer, that the Developer doesn’t care about the CC&Rs, they just want to
sell the land. Chairman Rory Kunz told Carlos his option would be to litigate.
Tiffany Hall – 1341 Stone Dr. – Her husband’s concern is about the drainage. There are
already problems with her next-door neighbor’s drainage coming in to her yard. What is going
to happen?
Opposed: Carlos Rojas – 1336 Stone Dr. – How would this affect the prices of the homes
built in the subdivision? What would the prices be for the twin homes? There is no greenspace;
is a park planned for the subdivision?
Written Input: None
Rebuttal: Aaron Robertson thanked the residents for their comments. He heard concerns
about 1) CC&Rs being honored, respected and enforced, 2) drainage of new homes and how
this will be handled and 3) the potential impact and decrease on the value of existing homes.
Aaron has 12 projects in 3 different states going right now. He has gone through extensive
research and determined how to maximize value in subdivisions. Develop ers lost money in the
recession, including him and he learned that subdivisions in small communities that were most
resilient to the crash in the real-estate market were those that had a mix of product in a 100-acre
vicinity. A mix of properties with a variety from apartments to single-family homes on ½-acre
lots. Some of this speaks to lifestyle and lifestyle development. Healthy communities have
different age groups interacting with one another. Twin homes would make a strong argument
for sustaining the value of the single-family homes long-term. The value of the twin homes is
partly dictated by the cost of construction on the day it is started, but as a comparison, the twin
homes will be similar in pricing to those homes in Founders’ Square. As far as drainage, this is
outside the scope of the zoning request, but as a developer, he can help and address using
requirements for the builders. The developer provides builders with the information they need
to follow, but the developer has some tools can be implemented at closing. There are CC&R
violations. Aaron drove up and looked, but did not have a measuring tape; he is willing to work
with the residents to resolve these issues.
Chairman Rory Kunz asked if anyone else would like to speak? He closed the public input
portion of the hearing at 6:59p.m. The Commission cannot make decisions based on the
subdivision CC&Rs. The Commissions’ job tonight is to determine if this request fits with the
laws and regulations of the City and the direction of the overall community. The Chairman
confirmed this request is supported by the Comprehensive Plan Map. Is this a spot zone?
Steve Oakey believes Aaron hit on a topic, that zoning has damaged the construct of the
diversity of neighborhoods. He supports the mix of uses being proposed. Greg Blacker asked
about the lighting, how do we get a subdivision without streetlights? Alan Parkinson said
looking back at the plans, the streetlights are part of the plans and not knowing the situation
before, he believes this was not followed up on. We want to make sure as a condition of
approval those streetlights go in the whole subdivision. Greg Blacker asked does this
condition just apply to the area of the request or for the full subdivision? Kristi Anderson
confirmed the streetlights feel like a city enforcement issue. Councilman Brad Wolfe
counseled the Commissioners, the request could be included as part of the recommendation for
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the Building Permit. Keith Esplin thinks this is a really good plan. He used to live on a farm
before and he believes if this helps move the subdivision to develop, it will be best for the
overall neighborhood. He can relate to the concerns of the drainage off of Mill Hollow, which
contains French drains for storm drainage. Vince Haley asked for a review of the size of the
homes. The difference between LDR2 and LDR3 is the size of the lot. He is interested in
knowing if the twin homes in Brad’s subdivision are LDR2? This was pointed out on the map.
The properties are LDR2 and seem to be on a larger lot. The twin homes in Summerfield, are
they LDR3? Most of Summerfield is LDR2. The Commissioners have to vote on what is
possible, not on what is being proposed. The loss of control concerns him regarding the size.
Bruce Sutherland talked about the decision based on the land-use part of the request. The
Council has more leeway regarding the structures allowed and condition s. The request makes
sense to him, as far as land-use planning, providing a median lot size.
MOTION: Motion to recommend approval of the change of zone from LDR1 to
LDR2, because it seems to be a cohesive change, it is on the outer limits of the LDR1
area and appears to be an appropriate step-down in zoning, Action: Approve, Moved by
Bruce Sutherland, Seconded by Steve Oakey.
Commission Discusses the Motion: No conditions of Building permit and lights were
included for this P&Z recommendation.
VOTE: Motion passed (summary: Yes = 9, No = 2, Abstain = 0).
Yes: Bruce Sutherland, David Pulsipher, Greg Blacker, John Bowen, Keith Esplin, Kristi
Anderson, Melanie Davenport, Steve Oakey, Todd Marx.
No: Chairman Rory Kunz, Vince Haley.
The City Council meeting for this proposal will be on November 20, 2019.
Steve Oakey read the minutes about food trucks in previous minutes. He has been out of town
for several months and unable to attend the Commissioner meetings. It was said in regards to
the location of Carrie Anne’s on the former, John Deere property, the owner is from California
and does not have any real ties to the community, except the land and his desire to make some
money. He wondered what the word “ties” means? For his business, he serves equally those
that are living in the community and those from out of town. Steve believes the City should
place on their front door, a sign that reads “Thank you for doing business in Rexburg and let us
know how we can make doing business easier.” Steve feels it ironic we spend time enforcing a
business’s request, who chooses to provide a public restroom, to force another business to
provide a public restroom. The UCIPTA building used to be next to this location, a business
incubator. We are placing barriers for these voluntary businesses. He had a conversation with
one of the small business owners in this area. He said if the city chooses to pass this ordinanc e,
he would likely not be there this next year. We are not a welcoming community by creating
barriers, creating success only through political access or a lot of money, pushing the people out
who are trying to enter the market. He will oppose any proposal that creates this kind of an
environment. He thanked the Commissioners for indulging him as he shared his opinion.
Kristi Anderson asked if the food truck overlay proposal was dismissed? Chairman Rory Kunz
said, right now, it appears to not be moving forward. Vince Haley talked in regards to the tone
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of the meeting Steve Oakey was referring to; the context of the meeting was aimed more
towards allowing food trucks more freely, but we want to protect the current businesses when
their facilities are used and they do not receive the benefit from those customers.
Steve Oakey responded by saying, it is not the government’s job to protect any businesses. As
a business owner, he wants to provide a courtesy service. A burden is being placed on the sma ll
businesses. What you don’t see are the people who look at the myriads of the rules and
determine it is not worth the effort. Let the market throw out the winners and losers; remove
government from the management. Someone who can’t manage their bathrooms; this is their
own problem. If a customer requests a bathroom facility for the food truck, it may encourage
the business owner to provide a bathroom. Health and safety are different issues. Steve
presented to the City Council of the old Dairy Queen’s without public restrooms and a walk-up
business.
Brad Wolfe believes in people providing voluntary facilities; restrooms are required services.
Chairman Rory Kunz clarified, food truck owners brought an official from Logan to the
meeting; this is how Logan was brought into the conversation.
Items for Discussion:
Review of tiny homes options
Accessory Apartment definition
Food Vendors
Form-based Code
Heads Up:
November 21st – No Land Use Applications have been turned in. Cancel this meeting? No
meeting. The meeting was canceled.
A gentleman spoke from the audience regarding who he would speak to about an item not on the
agenda regarding electric vehicle chargers. He was told he could speak to this topic during the 5
minutes at the start of the City Council meeting.
December 12th – Only P&Z meeting in December. This is the 2nd Thursday of the month. Stephen
Zollinger could review the AIC information for the next meeting for tiny homes.
January 2nd, 2020 – P&Z Meeting
Adjournment:
Commissioner Rory Kunz adjourned the meeting at 7:28PM. Kristi Anderson motioned.
Seconded. All in favor.