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HomeMy WebLinkAboutRFD - 20-00347 - 790 & 796 Barney Dairy Rd - Rezone to LDR2 #20 00347 Rezone 790 & 796 Barney Dairy Rd May 17, 2020, An application was received for a Rezone from Rural Residential 1 to Low-Density Residential 2 from Kevin Kimball for 790 Barney Dairy Rd. May 22, 2020, An Affidavit of Legal Interest was received. June 8, 2020, After consulting with Attorney Stephen Zollinger, it was determined Kevin Kimball would be in a better position for his lot combination after his rezone if all of his parcels were the same zoning as the parkers. The request for the entire legal description of the parcels to be combined was requested. June 16, 2020, The Staff Review Summary was sent to Kevin Kimball. . June 12, 2020, Notice was sent to the newspaper to be published on June 16th and June 30th. June 15, 2020, An official notice of the hearing and public hearing instructions were mailed to all adjacent property owners within 350’ of the parcel. June 25, 2020, Notice was posted on the property at the corner of Pole Line Rd. and Yellowstone Hwy. Documents were completed and sent to the Commissioners. June 29, 2020, An agenda for the meeting was emailed to Kevin Kimball. July 2, 2020, Kevin Kimball presented the application to the Planning & Zoning Commission. 6:50 p.m. – (20-00347) – 790 & 796 Barney Dairy Rd – Rezone from Rural Residential 1 to Low-Density Residential 2. (action) – Kevin Kimball Applicant is seeking rezone to acquire property from his neighbor to comply with zoning regulation setbacks for a side yard. This area was annexed into the City in 2019. Applicant Presentation – Kevin Kimball – 796 Barney Dairy Rd – He bought the property and realized his offsets did not comply with the 10’ setback, like his neighbor. Then, he purchased some property from an adjacent neighbor to get the proper offsets for his shop. He had been working at getting the other piece from the Parkers. However, to buy land from 790 Barney Diary, the parcel would be out of compliance and become less than an acre. The reality is the parcel is already less than an acre due to the land required for the road, the city exempted themselves from. Kevin is trying to get his lots to comply by zoning to get the proper lot size for the lot split. Commissioner Questions: None Staff Report: Planning & Zoning – Will Klaver – The questions before the Commission is to determine if these three parcels are suitable to become Low-Density Residential 2. The parcels are surrounded by Rural Residential 1. The change will bring the lots into compliance and will match the Comprehensive Plan Map designations for the area. Staff is seeking a recommendation to rezone the three lots from Rural Residential 1 to Low-Density Residential 2. Commissioner Questions for Staff: Steve Oakey said in order to help us understand the evolution of this property, the Barney property across the street to the north is a development, which will be regular city blocks. This should give us some perspective on the applicant’s property. Chairman Rory Kunz asked how the small piece came to be Rural Residential. Kevin Kimball bought the property without the proper offsets. Kevin purchased the piece from his neighbor for his shop, leaving the neighbor with a lot that complies with the required lot size for the zone. When he approached the Parkers to extend the line to match, he was told by the city, the lot was a grandfathered size. The City acquired part of the Parker’s property for the road. In order to make the lot split possible, City Staff told Kevin he would have to rezone the property. Chairman Rory Kunz asked who the Parkers are. The Parkers property was located. The map did not show a building, but a home is on the parcel right now. Kevin’s parcel was located on the map. Neither of Kevin’s buildings had the 10’ setback from the lot line as required on the northern side of his lot. Kevin needs the rezone on the Parkers’ property to reduce the lot size. The City already reduced the lot size on their own, but now since Kevin is asking, he has to rezone the property. Randall Kempton recalled the neighborhood was recently annexed and some of the neighbors wanted to keep animals allowed in Rural Residential 1. This is why the neighborhood was zoned accordingly, even though everything around it is Low-Density Residential. Kevin confirmed several of his neighbors who have animals. The annexation was for the whole neighborhood on North Hill Rd. John Bowen asked for the location of Barney Dairy Road and the location of the homes. Steve Oakey identified Doyle Barney’s home. The property around Doyle Barney’s home is for sale. The land to be sold is zoned residential and will be developed into low and medium-density housing. Sally Smith asked why the request is not for LDR1. Why is the Applicant requesting LDR2? The lowest Comprehensive Plan designation for Low to Moderate is Low-Density Residential 2 (LDR2). Will answered, to save the applicant some money and time, the request is for Low-Density Residential 2. She asked about the property to the East, what is its Comprehensive Plan designation? It is Low to Moderate, but they are zoned LDR1. A change to LDR1 would require a change in the Comprehensive Plan Map also. Chairman Rory Kunz asked, how was this area zoned LDR1? The rezone and annexation were completed in 2019 for the N. Hill Rd. neighborhood. Land to the East and South has the same Comprehensive Plan Map designation, but a LDR1 zone. Kevin says the Commission should just let him buy the property and make the exception just as the city did. Vince Haley said the reason why the Rural Residential 1 zone was kept is because there were residents in the neighborhood that had livestock and animals and the residents wanted to maintain those rights. Sally Smith said her concern is not with Kevin’s house, but this zoning allows these parcels to be a possible duplex density and the zoning of Low-Density Residential 1, this does not make sense to her. Is there a possibility a Conditional Use Permit could be considered and leave the zoning as it is? Vince Haley asked if the reason Kevin is at the meeting is due to Staff’s recommendation. If it allows Kevin to buy the property he wants, he will do the Conditional Use Permit. Vince Haley said, he feels like the City is pushing you into a position where you are between a rock and a hard place. Chairman Rory Kunz said he does not feel like there is a need to research the Low-Density Residential 1 in a Low to Moderate Comprehensive Plan Map designation. Rory feels there will be a decision made tonight. Vince Haley asked if a recommendation could be made to leave the zoning the way it is and transfer the request to a Conditional Use Permit? A Conditional Use Permit process would need to be followed. Chairman Rory Kunz asked Attorney Spencer Rammell if the Commission could deny the request for a rezone but allow a Conditional Use Permit instead. A Conditional Use Permit has not been noticed for. Steve Oakey confirmed the request tonight, is the quickest, easiest way to fulfill the applicant’s request. Conflict of Interest? - Chairman Rory Kunz asked the Commissioners if they have a conflict of interest or if they have 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. None.  Chairman Rory Kunz reviewed the public hearing procedures. Written Correspondence: None Favor: None Neutral: None Opposed: None Rebuttal: None Chairman Rory Kunz asked if anyone else would like to speak. He closed the public input portion of the hearing at 7:54p.m. Commissioners Discussion: Steve Oakey said $985 has been spent for the request tonight. MOTION: Recommend the request to rezone the property at 790 & 796 Barney Dairy Rd. from Rural Residential 1 to Low-Density Residential 2, to allow Kevin Kimball to obtain land from the Kimball’s to meet the 10’ setback for his side yard and maintain the required lot size for the Parker’s parcel, Action: Approve, Moved by Steve Oakey, Todd Marx seconded. Commission Discusses the Motion: Sally Smith asked if the Rural Residential 1 could be used for duplex-style housing. The highest density in Rural Residential 1 is a single-family home per lot. Vince Haley suggested the Commission deny Kevin’s request, refund the money and allow Kevin to apply for a Conditional Use Permit to keep the zone and allow a CUP to adjust the setbacks. Steve Oakey said the City has annexed this property. The area is already in a growth mode for residential. The same low density will be allowed on the Barney property to the north. The rural designation will disappear on this property before too long, 3-5 years. He does not feel like the issue needs to be complicated by dragging the Applicant through another process any more than we already have. He has already asked if this is the quickest, most painless option to complete the process without returning money or coming before the Board and City Council again to achieve the same outcome, knowing all the while the same density is going in to the North within 3-5 years and people will be back in before the Board to get the Rural Residential zoning changed. David Pulsipher agrees, given the parcel is located where development is happening. Low-Density Residential 3 to the north of this parcel is an even more permissive zone then the requested LDR2. The request fits the patterns of the neighborhood and where it is headed. Rural Residential is going to transition to Low-Density Residential in one form or another. LDR2 makes perfect sense to him. Spencer Rammell, said there is no legal backing for the Commission to waive fees. The Applicant takes a risk taking their application before the Commission. John Bowen asked Will to locate items on the map. He agrees with Steve; he feels LDR2 is a perfect fit for this area. Vince Haley asked if the Applicant understands the differences from Rural Residential 1 to Low-Density Residential 2. Would the Applicant prefer to be zoned to stay Rural Residential 1 instead of rezoning to Low-Density Residential 2? The Applicant would prefer Rural Residential 1. He has no reason to zone to LDR2, except to obtain the permissible lot size for the Parkers. Vince Haley suggested the Applicant is at the meeting tonight because the City told him you have to do this. Kevin said he just wants to buy property from his neighbors. Aaron Richards says this topic is sensitive to him. He bought his home a year ago and Idaho does not require boundary surveys at the time of conveyance of property. He believes if this were in place, this issue would have been the sellers’ problem, not yours. You did not know at the time you purchased your property, the offsets were not in place. The proposed zoning meets the Comprehensive Plan and allows the property to meet the setbacks. He is in favor of this motion. Vince Haley says Steve’s motion is for LDR2, however in every other statement that comes out of your mouth; you want the property owner to do what they want with their property. Because of that, he is not going to support the motion. Kevin clarified if the choice was between getting the LDR2 zoning or having to come through the process again, he will take the LDR2. Todd Marx asked if the Commission could recommend the zoning stay in Low-Density Residential 1. Chairman Rory Kunz said, no, because Kevin is currently in the Rural Residential 1 zoning. Tawnya said Attorney Stephen Zollinger has allowed the Commission to downzone. The lowest designation the Comprehensive Plan Map chart is LDR2. The reason the request was for Low-Density Residential 1 is due to the Comprehensive Plan Map chart that identified what zonings can occur per Comprehensive Plan Map designation. Low-Density Residential 1 is not available for the Low to Moderate zoning. Spencer Rammell talked about Vince Haley referring to Steve Oakey’s comments, based on previous comments on other proposals. There is possibly a problem. Vince Haley restated his comments, “Steve usually votes for the landowner or property owner to do what they will. Vince Haley’s comments were not directed at what Steve said, but rather the desire of the landowner in this case.” VOTE: Motion passed (summary: Yes = 7, No = 2, Abstain = 0). Yes: Chairman Rory Kunz, David Pulsipher, John Bowen, Randall Kempton, Steve Oakey, Todd Marx, Aaron Richards. No: Sally Smith, Vince Haley. City Council Meeting August 19, 2020 Ordinance No 1233 Rezone 790 & 796 Barney Dairy Rd #20-00347 from Rural Residential 1 (RR1) to Low Density Residential 2 (LDR2) Zone – Alan Parkinson ORDINANCE NO 1233 Rezone Approximately 790 and 796 Barney Dairy Rd, Rexburg, Idaho to Low Density Residential 2 (LDR2) AN ORDINANCE AMENDING AND CHANGING THE ZONING MAP OF THE CITY OF REXBURG, IDAHO, AND PROVIDING THAT THE ZONED DESIGNATION OF THAT CERTAIN PROPERTY HEREINAFTER DESCRIBED, SITUATED IN REXBURG, MADISON COUNTY, IDAHO, BE CHANGED AS HEREINAFTER DESIGNATED; AND PROVIDING WHEN THIS ORDINANCE SHALL BECOME EFFECTIVE.  Council Member Wolfe moved to approve Ordinance No. 1233 the Rezone at 790 & 796 Barney Dairy Road from Rural Residential 1 (RR1) to Low Density Residential 2 (LDR2) Zone and consider third read; Council Member Flora seconded the motion; Council President Busby asked for a vote: Those voting aye Those voting nay Council Member Flora None Council Member Johnson Council Member Mann Council Member Walker Council Member Wolfe Council President Busby The motion carried