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HomeMy WebLinkAbout12.02.2021 P&Z Minutes_exppdf 1 City Staff and Others: Alan Parkinson – P&Z Administrator Tawnya Grover – P&Z Administrative Assistant Kyle Baldwin – Planner 1 Natalie Powell – Compliance Officer Spencer Rammell – Commissioner Attorney Chairperson Smith opened the meeting at 6:30PM. Roll Call of Planning and Zoning Commissioners: Present: Aaron Richards, Bruce Casper, Greg Blacker, Jim Lawrence, John Bowen, Randall Kempton, Sally Smith (Chairperson), Todd Marx, Vince Haley (Vice Chair). Absent: David Pulsipher. Minutes: Planning and Zoning meeting November 18, 2021 (action) MOTION: Motion to approve the Planning & Zoning meeting minutes as recorded for November 18, 2021, Action: Approve, Moved by Aaron Richards, Seconded by Todd Marx. Commissioner Discussion on the Motion: None VOTE: Motion passed (summary: Yes = 6, No = 0, Abstain = 3). Yes: Aaron Richards, Bruce Casper, Greg Blacker, John Bowen, Sally Smith (Chairperson), Todd Marx. Abstain: Jim Lawrence, Randall Kempton, Vince Haley (Vice Chair). Chairperson Smith turned the time over to Vice Chair Vince Hailey to conduct the public hearing. She has a conflict of interest, has no financial interest in the results, but will excuse herself. She moved away from the dais to sit in the audience. Vice Chairman Hailey asked if any applications were turned in for the December 16th meeting. He asked if any applications that come in before that time would be scheduled for that meeting. Tawnya answered the deadline for the December 16th meeting has passed, there are no hearings scheduled, and no applications were received in time. Vice Chairman Hailey asked if we want to meet for training. Alan said he would prefer to do training the first week in January. There will also be changes to the Commission. Possibly, we will have a Commissioner for the Impact Area by that time. The Commission determined they will not have a meeting on December 16th and will reconvene in January 2022. Aaron clarified starting in January 2022, the hearings will be posted as starting at 6:30PM. Vice Chairman Hailey reviewed the public hearing procedures. The applicant will present the application. The Staff Report will come next. At that point, the Public Input portion of the hearing 35 North 1st East Rexburg, ID 83440 Phone: 208.359.3020 Fax: 208.359.3022 www.rexburg.org Planning & Zoning Minutes December 2, 2021 2 will begin. A number of written responses came in for this hearing. Any response that came in after 4PM has probably not been reviewed by the Commissioners. He asked if a person has written in a correspondence, it not be repeated, only additional testimony. Please keep these remarks short. Do not restate what someone else has said, just indicate if you agree or disagree with what a person has said. Keep remarks friendly. Remember we are all here for the same reason – to make Rexburg better. We will hear those in favor, neutral, and against. Then the applicant will have a chance for rebuttal and the public input portion of the meeting will be closed for comment. Public Hearings: 1. 6:35PM (21-00860) 154 N 4th E –Rezone from Low- Density Residential 2 (LDR2) to Medium-Density Residential 1 (MDR1). The parcel is located west of Madison Junior High and has church buildings on the east and west of it. North of the property is some commercial and south are some single-family homes with some multi-family properties within the neighborhood. The parcel is 1.31 acres. (action) – Trever Einerson Applicant Presentation: Trever Einerson – 1493 W 5000 N – He appreciates the community who have come out to attend this hearing. It is good to have discussion. He used to live on the south side of the park for close to five (5) years and he knows what types of neighborhoods are here. The first thing he wants to talk about is the huge amount of growth in Rexburg. The changes to Rexburg in the last ten (10) years has been staggering. Trever said Economic Director, Scott Johnson, says there are future changes that are coming fairly soon. He does not envy the job of the City Engineer, Keith Davidson; he has a very difficult job. The County Road and Bridge does too. As an investor/developer, the Comprehensive Plan is important to him; it is a road map he tries to utilize to determine his investments. He relies heavily on this 20-year plan. The City relies on the plan as well. The request to rezone from Low-Density Residential 2 (LDR2) to Medium-Density Residential 1 (MDR1) is supported by the Comprehensive Plan. Next, he would like to talk about what he would call “infill property”. Many people do not like the terminology. Infill property is a property that has the ability to increase tax base in the city that is underutilize land with low impact on existing infrastructure. Other factors may also include pedestrian walkways and access to public facilities. For example, parks, schools, bike paths – things that tax dollars have been spent on for our community. He believes the request tonight checks all of those boxes. He understands there are other “box checks” that do not happen in the form of an application, including effects the neighborhood, which he is certain we shall talk about shortly. • Infrastructure – In 2019, 2nd N was improved. The width of the road is wider than most of the roads in the city. They have the same size right-of-way of one hundred (100’) feet. According to Chief Financial Officer, Matt Nielsen, the roadway improvements only on this stretch of E 2nd N cost $482,000. This is a large chunk of tax-payer dollars. The school property, the city property, and the church properties do not pay taxes for that road. The property at 154 N 4th E pays about $2,400 per year. At this rate, it will take a long time to recoup the road cost. The road is a good investment for the city, but the point is the money has been spent. The ball diamond construction was $2.7 million. 3 • Parks and Other Facilities - Pedestrian walkways – Smith Park – $830,000 was the four-year average for maintaining these parks. Trever believes all these factors explain why he is requesting his rezone. Who else pays this? The people in Madison County and the City pay for the parks and other facilities. In the County, for a $500,000 home, Parks and Rec gets $24 of the tax base. At Smith Park, when there is a ball game or for soccer, there are real issues with the parking of those who attend the events. This is why infill is so important. By taking the property to Medium- Density Residential 1 (MDR1), the property could include twenty (20) residences, assisted living, townhomes, or apartments with people who could walk to the park. Anyone who lives around the park will not back out of their driveway to go to the park. These are important factors to consider when rezoning from Low-Density Residential 2 (LDR2) to MDR1. • There is this misconception that a zone should always stay a certain zone. This is why the Comprehensive Plan is so important. • The doctor’s office to the north and west of this parcel is the violin shop zoned LDR2. These two uses are not allowed in the LDR2 zone and are grandfathered. The Comprehensive Plan designation would bring a lot of other properties in this neighborhood into conformance. A 4-plex was built at 122 N 4th E before zoning that will be part of the conversation tonight. The Public Facilities zoning in the neighborhood has been updated recently, but a lot of these other places have not been updated. Also, there are duplexes in the area. There a lot of things here that fall into the argument of an MDR1 zone. Trever asked that the items he has presented be considered and asked for questions from the Commissioners. He said he does have a presentation and asked if he could possibly use it for rebuttal. Vice Chair Hailey asked if the presentation includes project-based information. Trever said it does not, the slides are purely statistical. Vice Chair Hailey said Trever could use the presentation if he chooses. Commissioner Questions: None Staff Report: Alan Parkinson – The property is currently zoned Low-Density Residential 2 (LDR2) and a minimum of 8,000 sq.ft. on a lot is needed for a single-family home. In order to build a duplex or twin home, 10,000 sq.ft. would be needed. If the zone remained, ten (10) residences could be built on the property with the current zoning. In Medium-Density Residential 1 (MDR1), triplexes and 4-plexes would be allowed up to what is called, “density per acre”. Sixteen (16) units per acre would be allowed in the zone. If the house was torn down, the maximum units for the parcel would be twenty (20) units, because the property is 1.3 acres if parking and other development code requirements are met. Typically, in the Medium-Density Residential 1 (MDR1) zone you can build to forty (40’) feet in height. Because this parcel is adjacent to low-density residential parcels, the height is limited to thirty (30’) feet in height to the square of the building. The setbacks are similar in low and medium-density zones. This property has two front yards and the twenty (20’) feet, front yard setback will apply on N 4th E and E 2nd N. The front yard setback is measured from the property lines of the parcel. There is a maximum of seventy (70%) percent of the area of lot can be impervious surfaces, including the building and paved areas; anything the water cannot penetrate through. Storm water will need to be contained on site. Staff meets 4 with Public Works, Building, Legal, and the Applicant to inform them of any information that might be applicable to the specific parcel like sewer, water, streets, access, impacts, a need for a Traffic Impact Study, etc. N 4th E is a busy road, as well as E 2nd N, but the widening of E 2nd N has improved traffic. Public Works has the capacity in the sewer and water system for the possible MDR1 density of this parcel. Planning & Zoning looks at the request to determine if it fits with the neighborhood, and if it meets the requirements of the Development Code and the Comprehensive Plan. Do we see multi-family uses within this neighborhood? P&Z looks at what is happening in this neighborhood. The 4-plex in this neighborhood is grandfathered in. To the south, there is low-density zoning, but to the north the zoning moves into medium-density and public facilities. Public facilities are to the east and west of this parcel. Medium-density is a buffer from commercial to single-family homes. Staff is comfortable with this density request. Staff recommends the Commission recommend the applicant’s request to City Council. Commissioner Questions: None Vice Chairman Hailey opened the public input portion of the hearing at 6:58PM. Favor: None Neutral: None Opposed: Kade Smith – 138 N 3rd E – This is one block to the west of property being considered; he lives two hundred (200’) feet from the property. He noticed the posting sign staked on the property while he was walking his dog through the neighborhood. Kade is opposed to the rezone. (A document was handed to the Commissioners.) The document is to help the Commissioners understand why he is opposed and why so many neighbors are attending the meeting tonight in opposition. A map was shown; this map was submitted as part of the application documents. 5 He showed a definition of what he refers to as his neighborhood (highlighted in orange). They get together for Christmas, go to church together, go to school and school events together. Almost everyone here tonight lives within this neighborhood. South of Smith Park and Main Street, there is a different neighborhood and a different stake per the Church of Jesus Christ of Latter-Day Saints boundaries. In the Staff Report, it said the nearest parcel was one thousand and seventy-six (1376’) feet. From corner to corner, the distance is actually four hundred sixty and twenty- seven hundredths (460.27’) feet from corner-to-corner. The public facilities properties and the properties Trever pointed out that are grandfathered in. The properties act as a buffer to the neighborhood from the medium-density and commercial zoning. The school buffers the neighborhood from the medium-density, Mill Hollow Trailer Park. The new ball fields buffer from the commercial to the north. The Violin Center and the Medical Center have low traffic. Having a medical center in the middle of the neighborhood is a great amenity; it is great to be able to walk to the doctor. The church is a buffer from N 2nd E. Smith Park is a buffer to some high-density and medium-density type housing to the south. The piece of ground for tonight is in the center of the neighborhood and rezoning this property would take away the buffers for this neighborhood that feels like a community right now. Kade is not concerned about the increased density as far as health is concerned. The number of units will increase the amount of traffic in this area. He spoke to a member of the school board and he/she was concerned about the number of units so close to the school. Many students who attend Madison Junior High walk to school. Sidewalks were built when the road was improved from N 2nd E to the junior high school as part of the local improvement project that happened. The sidewalks are a great addition; the children no longer have to walk down the bike paths. This has created more work for the neighbors in snow removal, including at 154 N 2nd E, because the previous owner was not removing the snow. Another problem that exists is speeding from N 2nd E and the junior high. More cars in the area means more speeding; this is a risk to the students. Kade would love to see the land developed; he is not opposed to a couple more duplexes. He is not opposed to growth; there are not enough homes in Rexburg. Prices of homes are crazy in Rexburg. We do need places for people to live. Years ago, he worked for the City when the infill was put in place. Infill was a new idea. Charles Place is a good example of infill in an existing neighborhood. A street was built into the center of the block. Houses were filled in behind existing homes in an area that was empty land. Infill does not happen on properties like 154 N 4th E. Tonight’s request would be considered development. 6 When the Comprehensive Plan was developed, the goal was to keep some of the larger complexes near the campus verses their presence in the single-family neighborhoods, making places less desirable to live in. More traffic and more people can be a detriment to the neighborhood. The 4-plex in our neighborhood is an anomaly; people at the 4-plex do not join into the neighborhood community. The duplex across the street under construction will be a great addition to the neighborhood, because the individuals will move in and stay. Kade recommends the Commission use their authority to deny the proposed amendment. Brittainy Moore – 122 N 4th E #2 – For the most part, she agrees with the what was stated by the gentleman before her. Brittainy lives in the 4-plex and feels she is an integral part of the community. She has respect for Trever. If she owned the property, she would be tempted to do much of what he is doing. It is a great opportunity; there is a lot of need for it. One of the concerns she has is her young family who would like to continue to live in this neighborhood. Brittainy has been a student at BYU-I and knows what it is like to live in places that have apartment complexes and increased traffic. While E 2nd N was built larger to handle greater traffic, apartments would increase the traffic. Once the property is zoned, a higher zoning would invite development. Young children in the neighborhood are not vigilant of the cars around them. She has witnessed the children on their way to and from school. By approving this zoning, this sets a precedent for similar zoning requests in the future. Putting a lot of units provides homes but does not encourage young people to stay in the community. Brittainy enjoys the atmosphere she lives in now. Penny Meeker – 451 E 1st N – She lives on the northwest corner of E 1st N and Madison Avenue next to the junior high. She agrees with the comments that have been conveyed. Penny and her husband retired here and purchased this home. She is by the hospital and by the park, which they walk to often. She cannot sell the house she has now, which is paid for, and buy another. The two bought it, invested some of their retirement in the home and upgraded it. The two moved here to be closer to family. Noise and traffic are her concern with these apartments. If she is pushed out…if being near these amenities pushes them out, she and her husband will have no place to go. Near these amenities should be family homes as well. You would not want this kind of development in your neighborhood, yet you are considering putting it in ours. The individuals are also affected by the decision being made tonight. Noise makes it hard to sleep at night. The road was not put in place for this development; it was put in for the school and the existing businesses. We love Rexburg. We love living here. Marie Withers – 129 Madison Ave – She agrees with what has been said. Marie received the notice without knowing what was going to put on the property; maybe this is not something that is dealt with in this realm. If she knew more about it, it might be helpful. From an aesthetic perspective and the fact the neighborhood is mostly single-family homes, she would rather see a single-family home or twin home put on the property. Franklin Gibbs – 142 N 4th E – His property borders tonight’s property request the most. He wanted to find a place where he could raise his family in an area with a small amount of transition. Franklin has been battling cancer for the last ten (10) months. He is happy to attend tonight and have enough energy to stand to address the Commissioners. This is the first time, in his forty-seven (47) years of life, that he personally knows his neighbors. He is 7 blessed to have each and every one of these neighbors. It is a close-knit community. They have come together to show their discontent with a request that only benefits the new owners’ bank account with little regard to the happiness and safety of the neighborhood. Franklin feels his property is most affected due to the close proximity of his parcel. He anticipates problems with the amount of allowed units for the requested zoning. The dumpsters will not be on the street front, they will be located behind the buildings next to the seminary building or along his property, causing smell, flies, filth, and the noise of trash pick-ups right on top of his property. Additional lighting and light pollution will occur; he will not be able to go outside and look at the stars. Possibly, the light will infiltrate to his house and backyard. A three-story building will be looking in to his property. In other words, all of Franklin’s privacy is gone. Twenty (20) units means twenty (20) families, which in Rexburg could easily bring one hundred (100) people, five (5) people per apartment. These people will be throwing sticks at his dog, poking at his cats, and throwing trash across the fence. He will no longer be able to store his snowblower or other seasonal items in his breezeway. Speaking of taxes, Franklin pays $4000 a year for his property. He never once complained, because he lives in a safe neighborhood. He would have never purchased this property if he had known there would be an apartment complex next to him. Who would? This land was zoned low-density for a reason. For the same reason, Rexburg does not want bars and liquor stores all over the city, is essentially the same reason the residents are trying to preserve the peace and quiet of their neighborhood. Would you want an apartment building infesting your neighborhood? Please consider the impacts to our community. Thank you for your time and patience. Nicole Herker Paulson – 377 E 1st N – She lives on the northwest corner of N 4th E and E 1st N. Nicole has some personal feelings she wanted to share. She grew up in Rexburg and has watched for years as changes have happened in the city as areas were rezoned for developers to put in apartment complexes. Neighborhood homes have been torn down for redevelopment as neighbors around these properties suffer. Nicole has moved back after being gone for ten (10) years. The two were shocked to see the changes developers have made in the city. They were lucky to find a home; there wasn’t much available except rental homes and apartments. The person who sold them the home had offers from developers. The home was sold to the Paulsons to maintain the stability of the neighborhood is what the two assume. Nicole has watched other people she knows looking for homes in the city, and when they were not able to one, purchased homes outside of town. Even rentals and apartments are limited. A duplex, which is allowed, would be easier to accept than a large complex in this area. Rexburg would benefit from established homes where people can stay and raise families. She wants a neighborhood where she can raise her children, one that has families and homes, not one that has temporary people coming and going. Nicole wants to feels safe and stable. The more transient an area becomes, the less safe our neighborhoods will become. Please consider not just the facts and figures, or the potential money that can be made in this situation, but consider the families who are directly involved, live here, and have to live with the issues on a daily basis. Money is great, but to us, it means nothing if it ruins your neighborhood. Thank you for your time and consideration. Levi Shaffer – 335 E 1st N – He lives just north of Smith Park and sees a lot of traffic coming through the neighborhood. Most mornings there is a police officer that sits out in front of his house to try to slow the traffic down. The traffic is headed to Mill Hollow and 8 the junior high. More traffic in this neighborhood will not be helpful. Levi lived in New York City where people are on top of each other. He has lived in apartment complexes where twenty (20) families live in a six-floor, walk-up. This is not the environment for Rexburg. Levi moved to Rexburg when he came to college in 2000, left for five (5) years, and he came back, living across from Smith Park for seven (7) years now. He does not have any plans to move. Levi’s neighbor, who is in Arizona, called him to make sure he was aware of this situation. He is opposed to the request. There are light-hearted comments about the effects to the neighborhood that were made by Trever. He had not met the Paulsons until a couple weeks ago, when he saw them outside cleaning up the leaves in their yard; he went over and helped them. He has had neighbors stop by and help him. MDR1 is not going to have this same situation. Does the request fit the neighborhood? We have talked tonight about twenty (20) families, who could live on this property. There are over twenty (20) families here tonight that are saying this is not a good idea for this neighborhood. He is concerned about the safety of the neighborhood. He already lives on a busy street with the park across the street. We do not need any more high-density residents. If this use was across from your property line, he does not think you would want it either. John Zerker – 415 E 1st N – This block was zoned Low-Density Residential 2 (LDR2) on May 5, 1971. The area to the west and south are also zoned LDR2. The privacy and safety in a nice, family community is what we have had and what we want to keep. Areas where people know their neighbors, take care of their property and look out for each other; an area where we do not lose the privacy we feel in our own backyards. Over the years as homes were built and sold, people bought knowing it was a safe neighborhood, zoned to protect their investment. We all bought, never believing, that a developer with no ties to the area could come in and change the zoning for monetary gain, while lowering our property values and changing the area immeasurably. By changing the zoning to this area to MDR1, the buyer can build up to twenty (20) apartments on this one and one-third acres. Structures can be built up to three (3) stories. Where is the green space or the area for children to play? Where is the additional parking for visitors? Is it on the already busy street? The turnover of apartments takes away from the stability of a neighborhood we have enjoyed for fifty (50) years. This neighborhood has also enjoyed the protection of the community. When we learned that 4th E from 1st N to 2nd N was changed from sixty-four (64’) feet to forty-eight (48’), he and Glenn Pond went to see John Millar, City Engineer. They asked what the reasoning for the change was and John said 4th E would never be busy enough to warrant sixty-four (64’), and yet we are here years later talking about adding more traffic to an already overcrowded street. The street often has cars parked on one or both sides and is used as a bus route for taking children to and from school. The everyday traffic from the school, church, medical building, hospital, area schools, city tennis courts, playing fields, and park make this a very busy area. This added traffic impacts the area in which we live where our children walk and bike to and from school. To continue to add to this already overloaded system does not make sense. The purpose for the change and zoning of this area is for the buyer, Mr. Einerson, to make money. He does not live on our block, nor does he plan on living on our block. He is not concerned about the safety of the community, or protecting our privacy, or the safety of our 9 children. His plan is financial. Mr. Einerson will not be hurt if the Commission does not decide to change the zoning. He can still sell the property for a profit. The property owners on the block will be damaged. Mr. Einerson has the right to apply for a change in zoning. We understand that. We also have the right to speak against it. John originally owned the 4-plex and sold it to a neighbor. The Zerkers moved to an adjacent lot. When the flood came, the homes were destroyed, with the exception of the Zerker’s new home. During the rebuild, they were so concerned about rebuilding, the City Council, without notification to the neighborhood, allowed the selling of the 4-plex to another individual. The property was worth five times what he sold it for. Had he known, the Zerkers would have protected the 4-plex property. No one likes the idea of having an apartment house next to their single-family home. (The City does not control the purchase and sale of properties within the free market system, and thus does not inform neighborhoods of potential changes between buyers and sellers.) The American Rule of Law is the envy of the entire world and should be applied here. This means one (1) man, one (1) vote. You asked us to come here and register our objections as to why the Commission should not rezone this property. You asked us to make a recommendation as to what should happen to this property. The neighborhood recommends the Commission vote against this applicant’s request, that City Council vote “no” for the previously stated reasons, and recommend keeping the Low-Density Residential 2 (LDR2) zoning. Protect us as individual property owners. Has the community changed? The neighborhood has not degraded. It is a vibrant neighborhood. This neighborhood gives people the opportunity to live in a little slower neighborhood in an area that is a little more protected. Why should the zoning change? A neighbor wrote in his response letter, “The City of Rexburg already has plenty of areas around town where new apartments have been and are being built. I believe it is important to keep the designated LDR areas for the people who choose to live in quieter areas and neighborhoods. What is the point of planning and zoning in our community if we are willing to change our plans every time a developer wants to build something that does not meet the zoning and building requirements for the city.” Thank you for allowing us to come and state our reasons for objecting to this proposal. Again I ask, what is the point of planning and zoning in our community, if we are willing to change said plans every time a developer comes in? John Beesley - 256 E 1st N – He endorses the things that have been said before by the previous speakers on this side of the issue. John was pleased to hear about the comments addressed to the traffic on 2nd N. He believes the traffic will flow down to E 1st N, which has been previously stated as quite congested. People use these streets going to Mill Hollow or when trying to avoid Main Street. The traffic is his biggest concern. Gunner Nelson – 145 Madison – He lives adjacent to the seminary building and has lived in the home for one (1) year. It is surprisingly quiet for being next to a junior high. He has not met all of his neighbors, yet, but he is happy to be here. Gunner is a veteran; he has been in the NAVY and has lived in areas across the country, some were apartment complexes. Apartment complexes are not bad, but they have their place. Right now, you may consider this location as a border area. What will this dynamic change for the future of this whole area? The close proximity to the junior high is a consideration. Apartments cause a more transient population. There could potentially be inappropriate interactions. The homes 10 that are present will devalue and there will be a trickle-down effect. The applicant’s request does not fit the neighborhood. Kristine Bennion - 295 Shoshone Ave – She lives close to Mill Hollow at the top of the hill. She has lived in two different neighborhoods where the zoning changed. She wants to share some insight about what has occurred because of those changes. Kristine lived at 131 Birch north of the hospital and zoning changed nearby to allow basement apartments (or duplexes). Within 4 ½ years, dozens of people changed their houses to include basement apartments. She moved to Mill Hollow and the same thing was happening. As a neighborhood, they came together and were able to stop the rezoning. Tonight’s request could be like the Abri Apartments; they make no sense. The apartments are in the middle of a residential area. The traffic is terrible. She personally witnessed a student be hit by a car as she was crossing the road at the intersection. Kristine called the ambulance, talked to police officers, and waited with her until the ambulance arrived. Students are parking on the residential streets, crowding the streets. Any time of the day, trying to go up to the temple from Walgreens, it is non-stop, bumper-to-bumper traffic. The same problems will happen when apartments are put next to the junior high. She has three kids that have progressed through the junior high and she visits the junior high often, dropping kids off. The city, along with the school board, have allowed the tennis courts and ball fields to be put in, dramatically increasing traffic on the Barney Dairy side, as well as the junior high side. Adding more traffic doesn’t make sense to her. There are eight hundred kids that attend the junior high daily. She is concerned with the zoning to a higher-density to allow a use, then conveniently rezoning, so no one else can do the same thing. I am afraid we are creating such a jigsaw puzzle of residential housing that it is disjointed to meaningful growth. Apartments should not be mixed with other residential areas. Anthony Paulsen – 377 E 1st N – He moved to the place he lives in for the peace and quiet. It does get busy. There is a park. He does not go out when it is noisy. The applicant’s parcel does need improvement; it is empty and a waste. Anthony supports development in the current zoning. He likes the family feeling. We need more homes for people that want to stick around. 11 Written Correspondence: FAVOR: FAVOR/NEUTRAL: OPPOSED: 12 13 14 15 Chairman Haley asked Attorney Rammell if, in the applicant’s rebuttal, the applicant can address new things. Attorney Rammell said he can, because after he made his application presentation, new information was referred to in the community’s comments. One statement was made regarding following the Rule of Law. The Rule of Law is being followed here. Idaho State Law 67-6511 and 67-6509 set up the exact procedure for rezoning. The City, Mr. Parkinson, and myself take great lengths to ensure the law is adhered to as it is prescribed. Our chairperson followed the law when she excused herself from this hearing due to a conflict of interest. The same law gives the citizens of our community the opportunity to come here to address their concerns. The Applicant paid over $1,000 and the majority of those fees go to adhere to the requirements for notice to the public. The 16 Commission and City Council follow the laws prescribed and established by the State of Idaho. Rebuttal: Trever Einerson – Brittainy, he is sorry for some of the comments. Living in the 4-plex must be difficult as you heard that the neighbors do not feel you are part of the neighborhood. Kade gave a nice map and anything that was multi-family and part of the neighborhood on the north side of the park was left out, including the people in the condos and the townhomes in North Town Village. Maybe they are not in the ward or the stake. Trever was surprised the map stopped there. Anything about multi-family seemed to be a sticking point on any of the comments for the proposed zone change. There was a comment made that 4-plex tenants do not get involved with the neighborhood. I think this proved differently, with our second speaker, Brittainy. He spoke to the owner of the 4-plex, who wrote in a letter in favor for this proposal; the owner is impressed with the tenants who live there. The people who live in the 4-plex want to be part of the community, want to be accepted in that community, and want to utilize the park. Some comments talked about basically destroying the neighborhood. Comments were made to the tune of “only certain people are allowed to be invited to the party”; this does not sit well with him. These young families that come, whether to live in a townhome, in a multi- family development, or an apartment - if this is how they are welcomed into communities, this saddens him. He used to live on the south side of the park on Ash Avenue for five (5) years. There is a great neighborhood there as well. Trever enjoyed the people and public facilities when he lived there. Almost every conversation was given was on the premise he was putting apartments at this location. Trever is not able to give any details about the project he intends to put on this property. His remarks are only to speak to the land use change and not the project. There is not one person in this room who knows what his intentions are for this property. Could he put apartments there? Is it a fifty-five (55) and older gated community with their own garages? Is it townhomes? I do not know. The idea that this is apartments; this should not be used on its face. Could I put apartments there? Absolutely. Would I put apartments there? Possibly. He would like to utilize the land. Nicole Paulsen brought up a good point, “they were lucky to find a home.” Trever said there are almost none for sale. You can ask Sally about that one. This request is about zoning; it is not about whether or not he is going to drop a big apartment complex or not. Does this particular area meet the zoning requirements for a change? The City has gone to great lengths to encourage a buffer or step-down in zoning: commercial to multi-family to residential. He does not agree; mixed-use idea is a really good idea. A comment was made, “It is really nice to have a doctor’s office in the neighborhood”; he agrees; that is a great amenity. A school is a commercial entity. Is there anything else that brings more traffic than a school outside of a commercial use? Franklin Gibbs is one of the few people Trever has met on the block. He apologized for Franklin Gibbs’ struggle with cancer; he is glad to hear Franklin is winning that battle. He apologized to Franklin for any stress he may have caused. To put your mind a little at ease, Trever indicated the home will stay at its current location as a buffer. There will not be dumpsters along your fence line. The city requires lighting plans that are reviewed for any 17 development to make sure there are no negative effects. He wants the neighbors to continue to see the stars. Three-story buildings are a possibility; elevators are difficult. Theft - he does not know how to help with that one. To Franklin, he said you need to apply through the Madison County office for the homeowner’s exemption if you are paying $4,000 a year on your property taxes; hopefully, this will save you some money. Traffic was brought up multiple times. If traffic will cause that much detriment to the neighborhood, our city streets are already way to busy. There is a lot of traffic there; he agrees with that. He does not know how a quiet neighborhood and lots of traffic equal the same place. Kristine Bennion made a comment about the busy traffic from Walgreens to the temple. Trever is really glad those cars are heading up that hill to the building they are headed to. People from the County are going to come here to get their $24 use of the facilities causing traffic. They are going to come regardless of whether or not the neighbors want traffic on those roads. Trever respectfully disagrees with Kade’s definition of infill. Just because the property is on a corner, not in the middle of the block, does not mean it is not infill next to existing infrastructure already in place. (Comments from the audience.) Trever sat respectfully during the public input and would appreciate the same courtesy. People live in multi-family homes for the same reasons the other single-family homeowners do. He does not want to have hard feelings on the table. He apologizes for any possible offences he has created. He believes in property rights and property ownership. Trever is a real-estate professional; ask any real-estate professional, does a multi-family designation lower or increase your property value? You will have a hard time finding an agent that will tell you by increasing density, the property values decrease. He has been accused of being in this for the money and yes, he does do this for a living, but it also brings more appraised value to properties in the vicinity. Commissioner questions for the Applicant: None Vice Chairman Hailey asked if anyone else would like to speak. He closed the public input portion of the hearing at 8:11PM and explained the reason we do not allow the applicant to talk about his proposal is anything allowed within a zone are possibilities. Then, we are not seeing something today that does not go forward in the same fashion. Attorney Rammell said for clarity, when the audience continues to speak, the applicant may continue to rebut, and we can be here all night. The public has had a chance to speak and that portion of the meeting has now closed. Commissioner Discussion: Jim looks at the rezone and the potential that could happen in that rezone from a duplex to apartments, regardless of what the developer thinks he may or may not want to do. In considering this request that way, this could potentially be apartments and they would be out of place in this neighborhood. It would change the dynamic in that neighborhood; for this reason he is opposed. Aaron appreciates the 18 confirmation of the density units under the two scenarios and he figured the same numbers as presented. At the surface, we are talking about a delta of ten (10) units, but there is more to this request than the number of units. The Comprehensive Plan is guidance; it is not zoning law. The Commission and City Council set that guidance. He looks at the Comprehensive Plan in two different lenses: 1) When there is raw land in Ag being rezoned for its ultimate use, and 2) An infill piece where there is existing homeowners and buildings in place. Under that lens, Aaron believes the Comprehensive Plan is not correct here. Traffic is an issue; he has been pulled over by the policeman that patrols the area. The precedence that will be set opens the door for future teardowns and rezones to MDR1. When he looks at what is a great fit, he likes the idea of twin homes under the existing zoning; this is hot in Rexburg’s market. He is a developer, is pro-development, and has built on over one thousand (1,000) lots. Aaron does not think this is a fit; he is against the request. Greg thanked the group for showing up tonight. He is not worried about traffic or about taxes. Greg worries about the neighborhood; he has done a lot of work in this area and likes the neighborhood the way it is. Duplexes would be a great fit for this parcel to maintain the neighborhood feel. The medical complex and churches are good neighbors. He feels for the neighbors who do not want to change their lifestyle. The neighborhood should keep the current zoning. Randall hears a lot of emotion in the room. He agrees with Aaron’s and Greg’s analysis. The discussion is between what the neighbors moved in expecting to live in verses the Comprehensive Plan, which expresses possibilities, but is just guidance. John has heard the testimonies tonight and he feels that the LDR2 is what is wanted. He proposes the group votes to keep the property LDR2. There is enough development in the area and to put more students in that area is the wrong decision. Bruce has lived in the community as long as most of you and he has a soft spot. He is mixed, because if he votes for MDR1, he does not know what he is voting for. He knows what LDR2 looks like, so he is against the zone change. Todd agrees with the other commissioners. He is not familiar with the neighborhood, because he does not live on this side of town. Listening to the testimony and commissioner discussion, he feels the current zoning should stay. Randall wants to address a couple of comments share tonight; he hopes everyone will look at what could be built on this parcel. The current zoning will allow for more than just a single-family home. Let us be aware that we are welcoming more people into the neighborhood. Jim said he believes the comments that were made about the possibility of a duplex is still a good fit too. Vince said it is interesting the Abri Apartments came up tonight. He grew up half of a block from the Abri Apartments and one of the reasons he is on the Commission is because of the Abri Apartment situation. Vince is not against development, and there may be times when he voted for the applicant and people disagree with his decision. He looks at the maximum capacity for the request. For him, the thirty (30’) feet height doesn’t fit the neighborhood. One duplex, or two, or three, would be a great fit, and would take care of a somewhat unkept lot while still allowing for density in an area with public facilities. MOTION: Motion that we do not recommend to City Council to change the zoning, leaving the parcel Low-Density Residential 2 (LDR2), because it is not a good fit for the neighborhood, is not compatible with the current buildings, and sets the wrong precedence., Action: Approve, Moved by Randall Kempton, Seconded by Bruce Casper. Commissioner Discussion on the Motion: None 19 VOTE: Motion carried by unanimous roll call vote (summary: Yes = 9). Yes: Aaron Richards, Bruce Casper, Greg Blacker, Jim Lawrence, John Bowen, Randall Kempton, Sally Smith (Chairperson), Todd Marx, Vince Haley (Vice Chair). This application will go before City Council on December 15, 2021, but this meeting will not be a public hearing. Tabled Items: None Report on Projects: None Heads Up: December 16th – No Hearings Adjournment