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HomeMy WebLinkAboutRFD - 22-00419 - Courtyards of Pine Brook - Rezone from RR2 to LDR1 1 | P age #22 00419 Rezone from Rural Residential 2 (RR2) to Low-Density Residential 1 (LDR1) Lot 15-25 Block 6 Pine Brook Estates DIV2 1. June 13, 2022, An application was received for a Rezone from Rural Residential 2 (RR2) to Low-Density Residential 1 (LDR1) from Aaron Richards and fees were paid. 2. June 21, 2022, Staff Reviews were completed. 3. June 27, 2022, The Staff Report was submitted. Notice was sent to the newspaper to be published on July 5th and July 12th, 2022. 4. June 29, 2022, Notice was mailed to all property owners within 350’. 5. July 14, 2022, Notice was posted on the property. 6. July 19, 2022, Written response was received from Paige Lowry. 7. July 20, 2022, Written response was received from Beth Hendricks, Cameron Robins, Selena Robins, and Raylene Eldridge. 8. July 21, 2022, Written response was received from Brandon Winter, Ray Church, Jared Peterson, and Jill Peterson. July 21, 2022, The application was presented to the Planning & Zoning Commission. 1. (22-00419) - 11 Lots along Hwy 20 in Pine Brook DIV2 –Rezone from Rural Residential 1 (RR1) to Low-Density Residential 1 (LDR1). Parcels along Hwy 20 were originally zoned LDR1, but when Pine Brook DIV2 was annexed in 2007 (07-00209), the parcels along Hwy 20 were rezoned to Rural Residnetial 2 (RR2). A request to change nine (9) of these lots to Low-Density Residential 2 (LDR2) earlier this year was denied (22-00103). The parcels for this request total 6.51 acres. – Todd Webb, Aaron Richards (action) (Video 1:29:34) 35 North 1st East Rexburg, ID 83440 Phone: 208.359.3020 Fax: 208.359.3022 www.rexburg.org Reason for Decision City of Rexburg 2 | P age Applicant Presentation: Aaron Richards – He has no additional information to present, but he would happy to answer any questions. Commissioner Questions: None Staff Report: Alan Parkinson – He wants reiterate the utilities can service these parcels. The application meets the requirements for the zone change. Staff recommends the Commission recommend the request to City Council. Commissioner Questions: None Chairperson Smith opened the public input portion of the hearing at 8:07PM. Favor: None Neutral: Jim Brannon – 321 S Mill Hollow – He asked Aaron where Refuge Homes is based. Aaron Richards answered the LLC is based in Idaho in Rexburg. Jim continued the issue is not what is approved today, but the great opportunity discussed today could go south in the future. Looking out into the county, people are making roads into their fields to create subdivisions. How many subdivisions are coming? Someone in the audience mentioned the downturn in the market. The decisions of the Commissioners should not be based on what the developer is promising. The neighborhood has learned it is what the developer is held accountable for. What are the downsides to approving this request? He referred to the Mill Hollow Subdivision and the floodplain issue. He asked if the Mill Hollow subdivision below his house went through Planning & Zoning. Chairperson Smith told Jim that he was referring to an item that would be discussed later in the agenda. He knows someone platted that land and he believes the developer was told he needed to fix the floodplain issue. Vince said the purpose of the Commission is for land use only. Many of the details for development are reviewed by the City Staff. Jim believes the applicant will keep coming back time after time, and the Commission will give way to his request a little bit at a time. Opposed: Leah Heise – 15 S. Hidden Valley Rd – She is speaking on the vision. Leah has lived in many different places across the country. One of the towns she lived in in Georgia had lots that remind her of tonight’s lots, the size of those lots was ½ to one acre. In the city, there are decent size lots, but there are some that are definitely smaller in some parts of Rexburg. It is important to decide ahead of time: where do you want the college students? Where do you want the different kinds of housing? Deciding ahead of time will make the hearings go more quickly. She would like to see the vision of the City Council and their vision. Chairperson Smith stated the Comprehensive Plan work is underway and she is welcome to participate. Planning can occur, but some things change those plans over the years. Leah responded the decision of the Commission tonight needs to be based on the current plan. 3 | P age Written Correspondence: (see the following pages) #1 WRITTEN RESPONSE: Paige Lowry – 1101 Castle Pines Rd. 4 | P age #2 WRITTEN RESPONSE: Beth Hendricks – 941 Larch Ave 5 | P age 6 | P age 7 | P age 8 | P age #3 WRITTEN RESPONSE: Cameron Robins – 331 Eagle Summit 9 | P age #4 WRITTEN RESPONSE: Selena Robins – 331 Eagle Summit #5 WRITTEN RESPONSE: Brandon Winter – 588 Terra Vista Dr. 10 | P age #6 WRITTEN RESPONSE: Raylene Eldridge – 1101 Castle Pines Rd. 11 | P age #7 WRITTEN RESPONSE: Ray Church – 1101 Castle Pines Rd. #8 WRITTEN RESPONSE: Jared Peterson – 988 Pine Brook Ln 12 | P age #9 WRITTEN RESPONSE: Jill Peterson – 988 Pine Brook Ln Rebuttal: There are many people who are in favor of the applicant’s request, but they have chosen to remain quiet due to the contention back in April 2022. This is an opportunity to try and pull the community together. He looks forward to a decision one way or the other on the zoning. Chairperson Smith confirmed with Attorney Rammell about speakers after rebuttal. Attorney Rammell said the applicant would then be allowed another rebuttal. Chairperson Smith closed the public input portion of the hearing at 8:16PM. Conflict of Interest? – Chairperson Smith 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. Commissioner Discussion: Randall indicated that Aaron may have said the HOA is contentious, but more accurately, the H.O.A. may be divided. It seems there is a win-win for communication between the H.O.A. and the developer. Tonight, is not that night. Eric says his concerns are the change in density from what was originally platted, echoing the neighbors, who have bought their properties expecting ½ acre lot sizes in this development. There is not a compelling reason to increase the density to double the number of homes on the same acreage in an already platted subdivision. He feels the lots will build out one way or another. Bruce confirmed the number and size of lots are not changing tonight; there are still only eleven (11) lots. Eric says the number of lots are not changing tonight, but the Commission would be allowing someone to request the number of lots change. If denied, no one has the possibility to come back with a plat change. Vince said the Commission needs to vote on what is in front of them, not what might happen in the future; he knows he is contradicting his reasoning in hearing #1. MOTION: Motion to recommend the City Council approve (22-00419) the 11 Lots along Hwy 20 in Pine Brook DIV2 from Rural Residential 2 (RR2) to Low-Density Residential 1 (LDR1), because currently, the lot sizes are not changing and the 13 | P age density is not increasing in the neighborhood. Action: Approve, Moved by Vince Haley, Seconded by Vanessa Johnson. Commissioner Discussion on the Motion: Eric is not sure how the approval of the zone affects the developer’s rights for a plat change. To clarify, if the LDR1 zone is approved, and a plat change comes before the Commission that complies with the zoning, the Commission would have to approve the plat. The zone change will allow for a twelve thousand (12,000 sq.ft.) square feet lots. Brad said all kinds of things could happen. Vince said the Comprehensive Plan Map designations give a range, so the Commission can determine if a requested zone change is right for the area. VOTE: Motion carries. (Summary: Yes = 8, No = 2). Yes: Vince Haley (Vice Chair), Todd Marx, Sally Smith (Chairperson), Aaron Richards, Jim Lawrence, Bruce Casper, McKay Francis, Vanessa Johnson. No: Eric Erickson, Randall Kempton (5 min. recess) Aaron Richards joined the Commissioners back on the dais. 9. August 3, 2021, Alan Parkinson presented the application to City Council. Planning & Zoning recommendation to approve a rezone for 11 parcels at the Pine Brook Subdivision DIV 2 Block 6 Lots 15-25 from Rural Residential 2 (RR2) to Low Density Residential 1 (LDR1) zone #22-00419. Designated as Ordinance No 1289 if motion passes– Alan Parkinson Council Member Walker moved to Table Ordinance No. 1289 a Rezone for 11 parcels at the Pine Brook Subdivision DIV 2 Block 6 Lots 15-25 from Rural Residential 2 (RR2) to Low Density Residential 1 (LDR1) zone; Council Member Flora seconded the motion; Council Member Flora asked for a vote: Those voting aye Those voting nay Council Member Flora None Council Member Johnson Council Member Erickson Council Member Walker The motion carried. 10. August 17, 2022, City Council denied the Comprehensive Plan Map change (22-00418), making the rezone no longer valid.