HomeMy WebLinkAbout 19-00557 RFD - Sky Meadows Block 1 & 5 - Rezone to LDR21 | Page
#19 00557
Rezone to Low Density Residential 2
Sky Meadows Block 1 & 5
1. September 19th, 2019, An application was received for rezone from Aaron Robertson for Sky
Meadows LLC.
2. September 26th, 2019, part of the application fee was paid.
3. October 1st, 2019, check arrived for the remaining balance of the application fee.
4. October 7th, 2019, Staff Review Summary was sent to Aaron Robertson.
5. October 8th, 2019, the applicant was notified the request would not make the October 24th
Planning & Zoning meeting. The hearing was scheduled for November 7th.
6. October 11th, 2019, Notice was sent to the newspaper to be published on October 22nd,
2019, and November 1st, 2019.
7. October 15th, 2019, an official notice of the hearing and public hearing instructions were
mailed to all adjacent property owners within 300’ of the annexation parcels and all
landowners in the Sky Meadows Subdivision.
8. October 24th, 2019, Staff Review Summary 2 was sent with an amendment in the Public
Works Review requiring street lights in the Sky Meadows Subdivision.
9. October 31st, 2019, Notice was posted on the property at the Pole Line Rd entrance.
10. October 31st, 2019, the Staff Report was completed and sent to the Commissioners.
11. November 7th, 2019, Aaron Robertson presented the application for the rezone.
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
35 North 1st East
Rexburg, ID 83440
Phone: 208.359.3020
Fax: 208.359.3022
www.rexburg.org
Reason for Decision
City of Rexburg
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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
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.
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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
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. Developers 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
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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
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 conditions. 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.
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City Council Meeting December 18, 2019
Ordinance No. 1219 Rezone Certain Parcels in Sky Meadows Subdivision #19-00557 from Low
Density Residential 1 (LDR1) to Low Density Residential 2 (LDR2) – Alan Parkinson
Council Member Walker moved to approve Ordinance No. 1219 the Rezone of Certain Parcels in
the Sky Meadows Subdivision from Low Density Residential 1 (LDR1) to Low Density Residential 2
(LDR2); and considered third read; Council President Smith seconded the motion; Mayor Merrill
asked for a vote:
Those voting aye Those voting nay
Council Member Flora None
Council Member Walker
Council Member Mann
Council President Smith
The motion carried