HomeMy WebLinkAboutRFD - 21-00147 - Birch Properties, LLC - Approx. 301 S 12th W - Rezone from RR2 to LDR2 & MDR1
#21 00147
Rezone from Rural Residential 2 to Low-Density Residential 2 &
Medium-Density Residential 1
Approx. 301 S 12th W - RPRXBCA0254499
March 4, 2021, An application was received for a Rezone from Rural Residential 2 (RR2) to Low-Density Residential 2 (LDR2) and Medium-Density Residential 1 (MDR1) from Brent Anderson.
March 8, 2021, Payment was received for the application.
March 22, 2021, Staff Reviews were completed and a Staff Review Report was sent to Brent Anderson. He agreed verbally via a phone call to amended legal description.
March 24, 2021, Notice was sent to the newspaper to be published on March 30th and April 6th. Notice was mailed to all property owners within 300’ of the parcel.
April 8, 2021, Notice was posted on the parcel on 12th W.
April 15, 2021, Alan Parkinson presented the application to the Planning & Zoning Commission.
6:40PM – (21-00147) – Approx. 301 S 12th W - Rezone from Rural Residential 2 (RR2) to Low-Density Residential 2 (LDR2) for approximately the east 1,3118 ft. & Medium-Density Residential
1 (MDR1) for the remaining land to the east to the Highway 20 right-of-way. The property is used for agriculture, but is located near rural subdivisions such as Widdison Addition,
Summerfield, and Willow Brook Estates. (action) – Brent Anderson
Applicant Presentation – Brent Anderson – 3355 W Legacy Hills, Morgan, Utah - He has sat in the Commissions’ seat before. He thanked the Commissioners for attending tonight. He is
asking for a rezone on this property from RR2 to LDR2 and MDR1. There are properties to the south that have the same zoning. He is trying to be congruent with the zoning to the south
of him. The land would be split into two separate zones. On the master plan, the Comprehensive Plan showing the division between designations as being located a little farther to
the West to match up with a developed property to the south with similar designations.
Commissioner Questions: None
Staff Report: Planning & Zoning – Alan Parkinson – Staff has reviewed the property. The Comprehensive Plan allows both of these zones to be done in this area. The area can
be serviced with current infrastructure, sewer and water. A canal is on the frontage of the property along 12th W. The property owner would have to work with the canal company to maintain
the ditch to allow the farmers to continue to receive their fair share of water. Farmers would have to be able to maintain water usage. The road will need to be widened and brought
up to current standards. More than likely a Traffic Impact Study will need to be completed to determine the impact of traffic on 12th W to see the affect on the intersections, signals,
and the neighborhood. The location of the property was shown on the map. The Meadows has the same MDR1 zoning Mr. Anderson is requesting. Staff is recommending this rezone be recommended
to City Council to approve this rezone as it meets the conditions for a rezone.
Commissioner Questions for Staff: Kristi Anderson asked for the zoning immediately south of the requested property. Rural Residential 1 (RR1) and Rural Residential 2 (RR2) are the
zones immediately to the south of the applicant’s parcel.
Chairman Rory Kunz reviewed the public hearing procedures.
Favor:
Eddie Pincock – 112 S Maple, Sugar City – This property is part of an estate. Dean Birch has nine children and the property is being deeded to those children. His wife is one of those
children. The intention is to rezone to bring the land to a higher and better use for a potential developer, who may come in and see the value of Rexburg. He is in favor and wanted
to give the Commissioners some background on the people who are rezoning this property.
Neutral:
J.W. Southwick – 375 S 12th W – He is a neighbor to this property. He lives in the RR1 section. If he had his preference, we would like to see the property developed under the current
zoning. This is the zone of the Willow Brook Estates, which allows residential housing on ½ an acre. He understands why a developer would want to increase the density. His main reason
for offering a neutral comment is what happens with this piece of property will have an impact on the property immediately to the south. The piece of the property is land-locked.
If this is to be an orderly development, with a couple bridges across the canal to the south, this property to the south would be linked. This may determine how the roads would be
laid out in the end.
Jon Steiner – 417 S 12th W, Rexburg – He likes the lower-density. He confirmed the West end of the property is a higher density than the East. Jon talked to Brent about the density
of LDR2 as a home per 8,000 sq.ft. and in MDR1 a home per 4,500 sq.ft. Jon is worried about the lack of planning on the city’s part to funnel where the traffic would go to get to town.
Kartchner across N 12th W cannot build fast enough. Jon attended City Council. Jon owns the property to the south and may be before the Commissioners to rezone sometime in the future.
What is the future plan for traffic?
Chairman Kunz said the City is working on at least a 5-year traffic plan current and up-to-date. He invited Mr. Steiner to come in and speak to City Staff. There is certainly some
traffic build-up, no question.
Opposed:
Tyler Barton – 1076 Green Willow Dr. - He thanked the Commission for the work the group does. He is sure it is not always easy. He knows the community in the future is facing a lot
of growth; Rexburg is a desirable place to be. He understands why a proposal like this would come before the group. He understands landowners have a right to sell their property;
this is the American way. All decisions one way or another will affect somebody.
He is concerned about traffic on 12th W. He spoke of the intersection by the high school and 12th W. You spend a lot of time in a turn lane in order to get to work each day. Sometimes
you have to drive like a racecar driver. He is frightened at some point there will be a serious accident. The interchange on the north by Mother Hibbards is different because it is
controlled by a traffic signal. The Meadows is a precarious place to drive. Anything on the eastern-most plot, he hopes, should be designed to allow traffic to freely flow there.
He prefers this parcel stay in the current RR2 zoning. There is rural flavor in that area; it would be nice to keep it this way. He is a realist. If we could mitigate that change,
he would be in favor. A drastic change to MDR1 is too much. He said he thinks the group understands why the changes are being requested due to property market values. He would speak
in favor of keeping the land at RR2. RR2 is ½ acre to the possibility of having duplexes, twinhomes on MDR1 on 0.14 acres. The potential for the subdivision is to be crowded, causing
other effects on the neighbors’ lives.
When something is built on the land, he will miss watching the horses frolicking around on this land. This is more a sentimental comment than a realistic one.He thanked the Commissioners
for their time.
Charlene Evans – 2179 W 440 S – She thanked the Commission for the opportunity to speak in behalf of the request to represent the feelings of her family. She and her husband are transplants
just short of two years from the Chicago area. Her concerns apply to the commute. They are working in Idaho Falls but have chosen to live in this different type of community. When
you start building apartments and condominiums, the Commission is inviting a different type of clientele into the community. She saddened by the amount of Medicaid in this community.
The schools, the type of education our children received, our businesses, and the crime will be impacted. When she and her husband first found this area, the Meadows development was
built. The Meadows traffic is high and the access is extremely low. To tuck this behind beautiful homes; this is appalling. This proposal has the potential to do the same where people
hope to raise families and build their dream home. She realizes she may be very opinionated about this, but she has seen these kinds of things in other parts of the nation. She would
hope the Commission would consider this application in the context of what the community wants to be as a whole, instead of how fast we can build it and how much money we can get out
of the land.
Kathy Parson – 298 S 12th W, Rexburg – She lives directly west and she has a little different impact. First of all, she has lived there for 38 years. They have landscaped and developed
their five acres. They use the canal and irrigate with that canal. A pipe does run under the road and head gates provide access to the Parsons. Kathy spent some time with Keith Davidson
today discussing the widening of the road to a 5-lane with a turning land if all of this development happens. The road will be 21’ from her front door and she will have to remove trees.
This is a devaluing of the Parson’s home. Measuring from the middle of road would push the road into their house; this is not how the width of the road will be measured. The entire
canal will be covered with the road widening. The congestion itself
will devalue her home. If they can keep the integrity of the homes like Willow Brook, single-family homes, instead of going for the money; this would be better. Another school may
be needed. Summerfield is busting out at the seams; the development has lost its integrity. She loves to hear the horses, but she understands this will not be the case long-term.
The land needs to be developed, but with integrity.
Francis South – 2130 W 440 S – She has never spoke at a hearing and this is scary. She has children at every school in the Madison School District. As is, she works in the schools,
and because their class sizes are so large, the teachers cannot give the students the attention they need. This is a younger couple area with starter homes and lower incomes. Some
children are becoming bored, because there is a focus on the median. She has lived in several states and they have been in many school systems. Teachers are not available and Burton
has already had an addition. She didn’t do the math, but that is a lot of new children. It is immoral to approve an application like this with building a new school to accommodate
all of this density. Last year, 72 students moved in and the school district was scrambling before school to find kindergarten, first and second grade teachers, because this is where
those children’s school district is located.
She understands developers and there is money to be made. She doesn’t understand why the higher density is needed. The Meadows was a poor idea in the first place, because there are
are traffic problems throughout the day. There is a lot of land in Rexburg to build on. She feels it is a little greedy to want to build that much density in this small of an area.
Think about the families and the existing neighbors. She lives on a 2-acre lot and it has taken them a while to accumulate that much land. The road widening eats into her neighbors’
yards where she grew up. She doesn’t feel this is ethical either. She is in favor of homes on larger lots sizes. Kids need space to play in the yards of their homes. Our families
are our most important asset.
Colin Erickson – 1038 Widdison Lane - He lives North of the applicant’s request. He thanked the members for sitting on the Commission board; he knows how hard this is to figure
out what is going to happen. Higher density and apartments keep coming. How far are we going to keep pushing the higher density from the city to the rural areas? The traffic is affected.
Sometimes you cannot even get out of Widdison Lane. Possible 2nd E problems could be seen on 12th W. He bought the property in the county many years ago, because the property was
in the County, and because he could go out there and have a little bit of space. He could not afford to be further out with more acreage, which he would like. The Meadows has given
the neighborhood a taste of the density. The community has been destroyed. The Meadows is one avenue in and one avenue out; he feels this type of development is a mistake. He understands
along the freeway a single-family home is not ideal; a buffer is needed. However, Pine Brook has these types of lots are along the freeway. Be sure to look at the traffic. More lanes
will bring in more people and higher densities. This application will influence the property to the north and the south, whose owners which will ask for the same zoning approved tonight.
A developer will pay for their part of the road to be improved. They would improve the road to the north or to the south. He would like to see the plan of what will be put on the
property, before the change is made in the zoning. The change influences the people in this neighborhood who want the country feel.
Brent Harris – 1125 Widdison Lane – He appreciates the opportunity to speak. He would like to clarify the lot size is 10,000 square feet is for a duplex. 8,000 square feet is 0.18
acres is per unit. MDR1 is a tenth of an acre or 4,500 square feet. His concerns are similar to others tonight; he thinks the Meadows is a mistake. He believes anyone who drives
through there would agree. The housing for young people is a good thing. However, the traffic conditions are poor. He has lived in his home, north of the planned development, when
it was annexed into the city. At that time, they worked hard to achieve the zoning of RR1 and RR2. The reason was to maintain the country style of living to some extent. He disagrees
with Collin in one aspect, he doesn’t think the people should wait for a detailed plan. MDR1 and LDR2 are unacceptable. If anything, the zoning should be LDR1 for 12,000 square feet
and doesn’t allow for a lot of things LDR2 does. He is against the proposal. He doesn’t believe the traffic can be addressed short-term.
Richard Geddes – 1056 Green Willow – His property is to the South of this potential development. He appreciates the job the Commissioners do. He came in several years ago talking to
the Commission on another property. At that time, the Meadows decision was regretted the density in the Meadows. He would like the group to go back and look at the Meadows situation.
He thinks development is good if done right. He echoes the thoughts of others; they would like to maintain the country feel of single-family homes.
Leon Parson – 440 S 12th W – By making the road five lanes, there will be a home seven yards from his door to the road; the fence is lost, the trees are lost, the shed will have to be
demolished. The last time the road was widened, four feet was taken from their driveway. The proposal will devalue his home and their neighborhood. He does not want the zone to be
changed. He supports a match to Willow Brook, not to Kartchners. When he moved there, he knew homes would be built across the street. The growth should be controlled and planned
out.
Tammy Geddes – 1056 Green Willow Dr – Her home is south of the proposed development. This has become emotional as we talk about what can happen around us. I agree with what has been
stated. I love that these people with the nine children want to sell the land; this is amazing. This is important for them; this is why we invest in property; this is why we invest
in land. At the same time, because they are selling the property, they don’t feel the reprecussions of rezoning the land. A developer will not stay with the land. The land is twenty-five
acres. Let’s pretend it was 20 acres for the math. If there would be ½ acre lots on 20 acres, this is 40 homes. When we go to 1/10 of an acre per home, then this is 400 families.
This is a huge increase with a significant impact. One thing she has noticed at these meetings, a developer will ask for one standard, but that is never guaranteed. More money can
be achieved with a higher density. The density will take some time. They have been in their home for twelve and a half years. They have watched Summerfield develop and the full impact
has still not been experienced. She also agrees with the school situation. A bond was passed and the schools were added on to Burton and other schools and the schools are filled.
30% taxes go to the school bonds. Just a few more things to consider as you put together your thoughts. She thank the Commissioners for their time.
Mike Evans – 2179 W 440 S – Tonight, no one is opposed to development, but we need to look at the development that will happen as being a blessing to those who are already here in this
area. He has lived in other places throughout the midwest. The towns have green
spaces. Rexburg is a desirable place to live. We need to determine what will Rexburg be in five, ten, and twenty years. Will it lose its desirability because it becomes so dense?
Will the ruralness or small-towness be taken away due to profit-taking? We can develop in such a way that will allow those who want to make some money and have that progress, while
blessing those who do live here to keep what they came her for and maintain why they are here.
Brent Morring – 1129 Golden Willow Circle – He has a few questions. Is there going to be a Traffic Impact Study performed? How is the widening of the road already determined? Alan
addressed his question, when there is a large development comes in, the Traffic Impact Study is conducted. The City has a 5-year Transportation Plan. The Staff is working on a complete,
citywide, Transportation Study. The five lanes has been determined prior to this request, regardless of the growth in the area. The speed limit is a concern at 35 mph. As traffic
becomes heavier and the road widens, there are safety issues.
He has lived in his neighborhood for 6 years. The Meadows has come up as a precedence. From what he hears, when the Meadows was changed, in some former planning of the community; the
high density was not supposed to cross the highway. To allow this to become precedent, this just furthers previous mistakes.
We see this in all levels of government, we have zoning laws and regulations, and when you buy a piece of property, the zoning protects you. The zoning should not be an easy thing to
change. We should have the right to request the change, but the burden should be on those requesting the change, instead of everyone else. I should not assume I can change the zoning
when I go to sell that land. Sometimes we see concentrated groups of people trying to accomplish something and the cost spreads out upon many people. He asks the Commission to represent
the whole community and consider these costs.
There will be a lot of people living on the inside. The higher density should not be traveling through the lower-density. Looking at the proposal at the density along the highway;
if there is any change in zoning, it would need to be in the lower density.
Written Correspondence: None
Chairman Rory Kunz asked if anyone else would like to speak. He closed the public input portion of the hearing at 8:01 p.m.
Rebuttal:
Brent Anderson – There has been a lot of good comments tonight. He lives in a county without a stoplight and there is a lot of growth. The county is growing. There are a lot of emotions.
He moved there to live in a rural community and now everyone is moving there just like I did. The only way to stop this is we all stop having kids; this is not an option. He develops
down in Utah. There could be a retirement community at this location, which would not have any impact on the schools. The change is not just about money; he doesn’t want to adversely
affect his neighbors. He likes people. People have been impacting 12th W for a long time. The roads were getting busy before he came along. Widening the road would impact the neighbors.
This piece of property has some challenges; the canal would have to be addressed. The land could be developed sensibly. The higher zone can be against the freeway. There are problems
with higher densities. At some of his developments in Utah, people have shown up to say we don’t want those kinds of people here referring to
a rental or a duplex. He does not know of anyone, who at one time or another, did not have to rent. He was once one of those people and worked to get out of it. He appreciates the
Commissioners’ time and those comments made tonight.
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.
Commissioners Discussion: Greg thanked the neighbors for coming out; he likes to hear the peoples’ point of view. He likes the feel of larger lots. He would like to see the zoning
remain rural residential. He would be opposed to taking the country feel away from the neighborhood. He would not vote for this. Vince asked if the street widening would happen regardless
of this development. Alan said any development will push the road widening. The churches built on 12th were built to accommodate the road widening. Vince continued the Planning &
Zoning and can address land use only. We do not have the knowledge to speak regarding the schools and other factors you might have addressed. The land use can only be the decision
tonight. Collin mentioned project plans; Vince prefers not to see the project plans to sway his decision. He lives in Summerfield and he is highly aware of the growth out there.
Prior to living in Summerfield, he lived in a townhome. If someone told me they didn’t want me to live there because I lived in a twin home or townhome, I would take offense to that.
He is not taking offense to this tonight. He does not believe twin homes and townhomes bring in a certain kind of people he does not want around him. He would not say the Meadows
is a mistake. You can only use your knowledge on the current situation, when you make your vote. The LDR2 on the entire parcel would be a yes vote. Per his calculations the higher
density would be 3.75 acres at MDR1 allowing 60 units; this is very dense. His wife called him today and said she just about died driving past the high school today. He brings up
his feelings about traffic any chances he gets to ask Keith for a light at the intersection of 12th W and University Blvd.
Aaron believes 12th W is off the table. If the property is not developed, the growth is already there to widen the road. If you look at the lots developed over by the golf course,
the undeveloped lots back up to Hwy 20. It is really hard to build a home with triple-paned windows and enough trees to drown out the sound of the cars on Hwy 20. MDR1 up against
the highway is the correct land use. The Traffic Study will determine how many points of egress that community will need; this will be done professionally and correctly. His hesitancy
is no step-down between MDR1 and LDR2 in zoning moving west. He would have felt better about this application stepping down from MDR1 to LDR2 and LDR1. This request does follow the
Comprehensive Plan. There is going to be growth. He addressed the existing townhouse community at the Meadows. He has friends, who are professors, who lived there while their homes
were built; these are the kind of people we want in MDR1. It takes a while to get a house; you need a nice rental in the meantime. Vince referred to the unsold lots in Pinebrook Estates,
north of the golf course. He asked Tawnya about the lots along Hwy 20 and their purchasing status. (The lots are still showing 4U Development LLC on the map.) Pine Brook Estates has
a lot of growth to go. Rory asked about the zoning. Alan said RR2 is along Hwy 20. RR1 is close to the golf course. Jim said one of the Commission’s responsibilities is to look
at the application and the impact on the community. There appears to be a large impact to the people who live around this
area. The impact to the rest of the community is low. In his mind, he believes those who live nearest to this are those he should consider the most. He does not feel the correct density
is being asked of along the highway. For this reason, he is not in favor of this rezone. David appreciates this great process; he appreciates the people in the community who have
come out. He has appreciated listening to his fellow Commissioners. MDR1 is many ways does make sense near the edge of the highway. On the other hand, the problems are egress are
huge. If there had been a frontage built road years ago, this would have been ideal to help funnel the traffic. He is concerned about putting this density so far off the main road.
Similar to Commissioner Haley, he is in favor of an LDR1 or LDR2 on this property. He is opposed to MDR1, even though it makes sense next to the highway. Rory asked about the Meadows
previous approval. How many of our current Staff were involved in the approval of the Meadows subdivision? Mayor Sutherland was part of the City. Keith was an assistant to Jon Millar.
Jon Millar are gone. Are different processes in place regarding egress? Yes, a potential development has come in to talk to City Staff and part of the discussion with land to the
north of the Meadows was connectivity with the Meadows to help the traffic situation, because we know this is a problem. Anything coming in will require more than two egresses along
with connectivity to the north and south. Kristi said the capacity of schools is one of the Commissioner considerations. Is there any contact with the school district? The superintendent
of schools is aware. Alan said as far as projecting, we have no ideas about the population within the development. Kristi said usually the schools are not built until there is a need.
This is not a reason to stop the growth.
Aaron said there was a reference to the math works for and against you. $900,000 to a million dollars is added to the tax revenue for the schools. The city’s investment also has to
be considered. 12th W will be an investment, the water and sewer is already in place and this is investment in the ground. His position is the same, he wants a more tiered density.
Vince agrees you have to look at things both ways. He likes to look at the maximum capacity, and if the developer does a lesser density, that is great. He can only control what the
future developer would not be allowed to do.
Chairman Kunz says his sentiments are very similar to Commissioner Anderson. Mr. Morrey’s comments have swayed his thoughts more than any of the other comments. Considering when you
buy a property, you do look at the zoning in place. And the comment about driving through lower-density to get to higher-density. This creates a situation where you affect the neighborhood.
The freeway is not a place you want your house to abut. He agrees with Commissioner Richards in he would like to see a step-down happen a little more aggressively. Commissioner Anderson
addressed the schools beautifully. A high school has been built and the 9th graders are not in the school. It is not that we do not plan for the growth; we just plan differently.
Our school board has been very good at being creative and finding ways to manage the people. Yes, there may be some classrooms where some students may not get the attention they need;
but the school referenced tonight still gets pretty high marks on a grading standard. Based on these outcomes, the school district is aware of the situation and is trying to meet the
needs of the community. The town will grow. This is not just an issue for Rexburg or Idaho; it is nationwide. As people come to our community, they bring change hopefully for the
better. People will come and go and they need a place to live.
Kristi said looking at the zoning map. She hears it is good to have the buffer against the highway. In this area, there are a lot of RR1 and RR2 zones. The way zoning has been going
the last couple of years, the Commission has been getting a lot more requests for higher density. The community is not seeing the single-family areas of LDR1 and LDR2.
She would like to preserve the single-family zoning within the city limits for buildable lots. She does not like the MDR1, but does not know what she thinks about the LDR2 and LDR1
possibilities. Randall has friends on both sides of this issue. Rory’s right, the growth is coming. Randall’s kids need housing they can afford. One day he is going to need a smaller
place too and he cannot find one right now. What feels difficult to him in this situation is there are people actively living country lives here still. We are giving them a system
shock giving them MDR1 in their neighborhood. The Meadows density feels like a wrong move without any transitional zoning. Does the growth have to come so fast, intensely, and suddenly?
He is leaning against the zoning request. He would rather see single-family housing.
MOTION: Motion to recommend City Council deny the application, at approximately 301 S 12th W, for a rezone from Rural Residential 2 (RR2) to Low-Density Residential 2 (LDR2) for
approximately the east 1,3118 ft. and Medium-Density Residential 1 (MDR1) for the remaining land to the east to the Highway 20 right-of-way, because it does not fit this area and is
too great of a density or zone; there is too high of a jump from RR2 to MDR1, Action: Deny, Moved by Vince Haley, Seconded by Jim Lawrence.
Commission Discusses the Motion: Kristi said Vince is proposing to reject the application in full. If we wanted to give the applicant something, could we change the proposal to the
lower zone. The City Council changed a parcel out by where she lives to a lesser zone. Chairman Kunz said the City Council may have other options, but he Commission has to take the
application as presented. The applicant would have to come back to the Commission with a different application. Vince Haley asked the chairman if we have to address the location as
noticed. Chairman Kunz asked Attorney Rammell if he had anything to add; he did not at this time. Vince clarified the Commission must base their decision on the application for tonight.
VOTE: Motion carried by unanimous roll call vote (summary: Yes = 9).
Yes: Aaron Richards, Chairman Rory Kunz, David Pulsipher, Greg Blacker, Jim Lawrence, Kristi Anderson, Randall Kempton, Todd Marx, Vince Haley.
April 21, 2021, Alan Parkinson presented the application to the City Council.
Planning & Zoning Recommendation to Deny the Rezone at approximately 301 S 12th W from Rural Residential 2 (RR2) to Low Density Residential 2 (LDR2) and Medium Density Residential 1
(MDR1) #21-00147. If Motion Passes, it will be referred back to Planning & Zoning for further Public Hearing. – Alan Parkinson
Brent Anderson said he does not agree with Planning and Zoning recommendation to deny the rezone request. The Birch Family owns about 25 acres of land bordering 12th West going east
toward the highway. The rezone request is in line with the city’s Comprehensive Plan Map and there are adequate city services to accommodate the rezone. They are requesting the four
acres along the highway going west be zoned to Medium Density Residential 1 (MDR1). He believes this is the best use of that section of land because there aren’t too many single family
homes bordering the highway. They are requesting Low Density Residential 2 (LDR2) Zone on the remaining 21 acres
Mr. Anderson said there were many comments by those opposed to the rezone; however, most of the land in the surrounding areas has been rezoned and some properties have been rezoned more
than once. There were comments about 12th West being an already busy road; however, it is slated to be a five lane road. They discussed the impact of nearby schools and churches and
the preservation of an irrigation canal. He understands the importance preserving those rights and easements. When he considers the community as a whole and the people moving to Rexburg
this is the best use of this property.
Council Member Flora clarified not a single testimony given at the public hearing stated they desired for the property to keep the same zone. They understood the need for change and
growth; however, they were not in favor of the higher density on the four acres of land. They were in favor of low density residential. Mr. Anderson said he is not opposed to the 25
acres being Low Density Residential Two (LDR2); however, the best use for the land abutting the highway would be MDR1.
Sharee Barton said she personal welcomes development and growth; however, she believes in maintaining the integrity of neighborhoods. The LDR2 Zone allows for twin homes and duplexes
and creates an inconsistent fell in the neighborhood. There are single family subdivisions along the highway one of them is near the golf course. She said Rexburg is growing and land
is needed where single family homes could be built.
Steve Oakey commented regarding property use because the pernicious nature of zoning has allowed some people in this country to make it a pass time to tell other people how to use their
property. In this case he has yet to hear a strong argument to disallow someone else to maximize the use of their property. It seems everyone in the neighborhood has an opinion on how
their neighbor should be running their lives. These neighbors don’t have a financial stake as far as disallow the property owner who does have a financial stake. There are hundreds
of people that are not in this room who will remain nameless and faceless and be denied the ability to compete a transaction with this property owner to build a home. He said density
be damned, it doesn’t matter if there is a financial transaction that is voluntary and consensual between this property owner and the unforeseen persons. The City Council should not
deny a rezone such as this one before them, they should allow the property owner to maximize the use of their property.
Mr. Oakey explained when development takes place and the road needs widened they widen the road, if more policing is needed more police officers are hired, if there are children involved
more schools are built so unless someone has a very serious objective to this rezone which he has yet to hear during his time serving on the Planning and Zoning Commission and many
years attending City Council Meetings. He said he has yet to hear a legitimate reason why we should deny other people the right to use their property and he doesn’t see why this rezone
should be denied. By denying the rezone request value is being taken away from the property owner and the unforeseen people who stand to benefit from this development.
Tyler Barton said respectfully disagrees with Mr. Oakey, there are many reasons this rezone would affect people. He said for the property owner it’s about obtain the most financial gain
from his property; however for the people living near the property it does have an effect. If the rezone is approved the MDR1 section of the property would be mirroring the Meadow Townhomes.
To him
the Meadows is a mess, it’s a danger, if there were an emergency or catastrophe, and it’s a dangerous place. It’s a hazard to people to allow the same mistake to be made by allowing
MDR1 near the same location as the Meadows. He said there is a middle ground because the neighbors aren’t saying absolutely no change. They recognize the growth taking place in Rexburg
and prefer the planning for growth be calculated changes. The Planning and Zoning guidelines indicate transitions in neighborhoods are part of the process and those transitions should
be made based on surrounding neighborhoods. He purchased a half an acre lot in the Willow brook Subdivision with the expectation of a country feel and there is to some degree. The rezone
changes should be based on wisdom and prudence.
Brent Morring said many have made an important financial decision when purchasing their home base on the current established Planning and Zoning laws. One of the comments made was that
the best location for the MDR1 Zone would be closer to the highway as oppose to low density residential homes because of noise; however, higher density would place more people next
to highway. He pointed out the highway is a natural brake in his opinion and that west of the highway remains as is with a country feel. The general principal when seeking a rezone
change is that the burden should be placed on the person requesting the change and everyone should benefit from the change not only the requesting party.
Mr. Morring commented there is still a large difference between LDR1 and LDR2 Zones. The LDR1 Zone allows single family homes on a larger lot size as with LDR2 allows twin homes on 8,000
square feet. The added traffic to the road would make it so the road would have to widened; however, the road wouldn’t be immediately be widened. There would be several thresholds of
traffic that would need to be met before widening the road to five lanes.
Richard Geddes said people don’t move to Rexburg to live in an apartment. The people living in high density housing are not planning to stay in Rexburg so if the desire is to have a
stable community and don’t want people to move to Rigby or Idaho Falls because housing is cheaper. He asked City Council to deny the rezone request.
Eddie Pinnock said he understand the neighborhoods concerns regarding traffic, schools, higher density and the rural feel. The past City Council members in their wisdom have implemented
tools to assist in the planning process. One of those tools is the Comprehensive Plan Map. As owners of the property they are not requesting a zone contrary to the Comprehensive Plan
Map. They are using the tools set forth by City Council to obtain the best use for their land.
Mr. Pinnock said the reason the roads were stubbed near the Meadows was due to anticipated growth. A map of the stubbed road were viewed on the overhead screen.
Mr. Pinnock said there aren’t traffic issues on 12th West because the city already has measures in place to address the traffic concerns. The property owners along 12th West are anticipating
the widening of the road and the other needs caused by development will be addressed. They are not developing the property at this time. As property owners they are requesting their
rights to rezone their property. He asked City Council to consider city staff’s recommendation to approve the rezone request.
Tammy Geddes explained the Comprehensive Plan Map shows the property as Single Family Residential and the section of property where the MDR1 is being requested will significantly increase
the density. She requested for educational material regarding the Planning and Zoning processes. There are a few subdivisions zoned Rural Residential 1 (RR1) and Rural Residential 2
(RR2) in the city.
Discussion regarding properties zoned RR1 and RR2 which have been developed. Mrs. Geddes said often when families move into apartments, it’s because they haven’t found a home with more
space that feels like the country. She said many people move to the county to be able to have the half acre lots. If the property is rezoned, it will affect her property and her neighbors
property because her property is already affect by the higher density of Meadow Townhomes. She has children from the Meadows coming to her property to play because her yard is larger.
Virginia Hill said she is part owner of the Birch property. She has noticed in larger cities they are using MDR1 along the highway as a buffer. As Rexburg continues to grow changes will
take place she too is being affected by change. One of the reason they are requesting LDR2 is to have a smaller lot size. The next generation of families prefer smaller yards.
P&Z Commissioner Chairman Rory Kunz said in his personal opinion the rezone request is a good fit for the area. In the Pine brook Estates there are seven lots that have not sold. He
understands will eventually be sold because of the shortage in available lots. He said having MDR1 along the highway makes sense. The rezone request is not for high density it is for
medium density. As far as some of the other elements which have been brought forward due to this rezone request the decision should be made based on whether the zone requested is a
good fit for this area.
Council Member Flora mentioned she lives in the Willow brook Subdivision. There were nine Planning and Zoning Commissioners at the meeting and all nine of them voted to deny this rezone
request.
Council Member Mann said he reviewed the comments made from residents at the Planning and Zoning Meeting regarding this rezone request. Some of those comments he rejected out of hand
because the city can’t stop growth because schools or churches are overcrowded. There were other concerns mentioned by the Planning and Zoning Commissioners that he agrees with.
Council Member Johnson said she agrees with Planning and Zonings recommendation to deny this rezone request. She asked for the timeline of when the 12th West will be widened to a five
lane road. Public Works Director Davidson explained the city engineers complete a transportation plan to determine which roads are going to be collector, arterial and local in the future.
The Comprehensive Plan Map is used as a tool to forecast the types of roads needed to handle the traffic. There are different levels of service to determine how well a transportation
facility is operating from a traveler’s perspective. Typically, six levels of service are defined and each is assigned a letter designation from A to F, with A representing the best
operating conditions and F the worst. When the traffic volume are met 12th West will need to be widened.
Public Works Director Davidson continued to explain based on speed and safety issues acceleration, deceleration or turning lanes will need to be installed. When development occurs and
traffic increases a traffic impact study is completed to determine which lanes are needed. At some point 12th West is forecasted to be widened. A five lane configuration road is generally
built when the amount of vehicles using that road surpasses 13,000 vehicles a day call daily average total (DAT). As development occurs it’s important to establish the right of way
and for developer to pay for infrastructure. The city engineers are currently update the city’s transportation plan.
P&Z Administrator Parkinson explained before a rezone is presented to the Planning and Zoning Commission city staff is tasked with reviewing the city’s Development Code, the Comprehensive
Plan Map and Transportation Plan. The Ready Team which consist of members from the city’s Public Works Department, Planning and Zoning, Building, Economic Development and Legal. After,
all of these items and the necessary requirements are met are reviewed by city staff. A recommendation to Planning and Zoning and City Council is made by city staff. The recommendation
made by city staff is based on the maximum potential of density allowed in the zone being requested. This rezone request met the requirements based on the Comprehensive Plan Map, Transportation
Plan and Development Code. There were transportation conditions place on the rezone request.
Council Member Flora moved to deny the Rezone at approximately 301 S 12th W from Rural Residential 2 (RR2) to Low Density Residential 2 (LDR2) and Medium Density Residential 1 (MDR1);
Council President Busby seconded the motion; Mayor Merrill 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