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HomeMy WebLinkAboutRFD - 22-00514 - Hibbard Flats - Approx. 1175 N 12th W - Comp Plan Map change to LDR1-MDR1 1 | Page #22 00514 Comprehensive Plan Map change from Rural to LDR1-MDR1 Approx. 1175 N 12th W & 1 lot in Copper Heights Blk2 Lot 14 1. July 14, 2022, An application was received for a Comprehensive Plan Map change from Rural to Low-Density Residential 1 (LDR1) to Medium-Density Residential 1(MDR1) from Brandon Winter. 2. July 19, 2022, Fees were paid. 3. July 25, 2022, Staff Reviews were completed. 4. July 28, 2022, Notice was sent to the newspaper to be published on August 16th and August 23rd, 2022. 5. August 1, 2022, Notice was mailed to all property owners within 350’. 6. August 8, 2022, the Staff Report was completed. 7. August 14, 2022, Notice was posted on the property. 8. September 1, 2022, Kyle Baldwin presented the application to the Planning & Zoning Commission. (22-00514) – Hibbard Flats - Approx. 1175 N 12th W (RPR06N39E140900) & 1 parcel (Blk2 Lot 14) in the Copper Heights Subdivision – Comprehensive Plan Map change from Rural to LDR1-MDR1. The parcel at approx. 1175 N 12th W is in the City’s Area of Impact, but the Copper Heights Block 2 Lot 14 is not. The parcels have a combined area of 62.38 acres. – Brandon Winter, McKay Francis (action) (1:06:03) Applicant Presentation: Brandon Winter, McKay Francis – 400 W Poleline Rd. – This piece of property they are looking to annex and rezone into the City of Rexburg. Brandon and he are attempting to look at this project from all directions. The two hope to paint a clear picture of their intentions. Brandon and McKay are on their fourth subdivision in the last three (3) years. Each of the projects have been in Madison County and Rexburg, where the two live and love. Brandon and McKay will 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 | Page continue to invest in this great community, because there are more people that want to join citizens in living in this amazing place. They are looking for a positive recommendation. This land was purchased twenty (20) years ago to be annexed, rezoned, and subdivided into single-family homes and townhomes. The housing crash of 2008 and 2009 put a long-term hold on the project, preventing phase three (3) of Pine Brook from happening. It was originally part of the Pine Brook project. The land sits in the Area of Impact, where the city designates land the city would participate in a future annexation if the landowners would like to participate. In 2021, Brandon and McKay developed a project to the west and named the subdivision Copper Heights. At that time, they encountered many neighbors who were upset with the number of individual wells and septic systems that would be added to the area. McKay and Brandon attempted to work with the City of Rexburg on Copper Heights to connect to city utilities – water and sewer, but the distance from the utilities was too far for them to accept. Hibbard Flats has the utilities stubbed into this parcel. The original developer paid hundreds of thousands of dollars to extend the utilities up N 12th W for the sole purpose of hooking up the Pine Brook properties. The lift station and the sewer infrastructure have the ability to service much more than the parcels they are wishing to annex. Brandon and McKay have met with the Ready Team to continue with the original plans to build a mixture of twin homes, townhomes, and single-family homes. They received approval for the infrastructure and the ability of the City of Rexburg to accommodate Low-Density Residential 2 (LDR2) and Low-Density Residential 3 (LDR3). The more due diligence they put into this project, the more they realized the density of twin homes and townhomes would not fit into the surrounding areas. High-end, single-family, stand-alone homes are a great complement to adjacent subdivisions. The subdivision Copper Heights to the west was developed with Madison County. Several steps were followed to get the project underway. They were not able to annex the property. Brandon and McKay wanted to use the space to the best of their ability. Within four and one-half (4 ½) months, the majority of the lots were sold with the exception of some greenspace lots. Originally, the neighbors were using wells and septic systems for the reason to deny the Copper Heights subdivision. When the subdivision was passed, there was further discussion about whether Madison County should have allowed the developers to have less than one (1) acre lots. The recorded plat was legally binding. Some of the neighbors looked in the fine print and found there should have been sidewalks, curbs, and gutters. In the Preserve, there are lots that are less than one (1) acre. In several places in Madison County subdivisions, the sidewalks, curbs, and gutters were not built. In conjunction, there has been a major Staff change with Madison County in the Planning & Zoning Department; it was Bradley Peterson and is now Gary Armstrong. At the time Copper Heights was developed, Brandon and McKay followed Staff and Commissioners requirements. Only two (2) pieces are left in McKay’s name. Changes could not be made at this point in Copper Heights subdivision because all of the lots are individually owned. 3 | Page Chairperson Smith clarified the Comprehensive Plan Map change is the application being considered. Brandon Winter – 588 Terrace Dr – McKay and he spent a lot of time with Madison County and City of Rexburg Staff to understand what the future plans of the area are and how the two can work effectively towards those plans with quality land development. The two know Madison County supports the annexation of lands adjacent to city limits allowing the extension of city services. It does not get any closer with the parcel for this application, which is on the border of city limits. The parcel has been in the Area of Impact for several years now. As mentioned, the city utilities are already stubbed on the east side of this property. The three primary concerns from other projects are individual wells, septic systems, and additional traffic. The development will be able to hook up to city services. The traffic studies were conducted with the Copper Heights development. The study was done at the developer’s expense. Prior to the plat map, additional area traffic counts will be conducted. Intersections for the previous traffic study were at W 2000 N and N 2000 W at the roundabout north of this parcel, and W 2000 N and N 3000 W. This also included daily traffic counts and peak flows, trip distributions, and existing traffic. The counts were positive towards the roads being able to handle current and additional traffic. The proposed zoning is for low-density residential, which is consistent with surrounding areas with single-family dwellings. The two knocked door-to-door; they were pleasantly surprised; of those they spoke with, if the people were not in favor, they were at least neutral. Brandon and McKay included their cell phone numbers on the flyers. Brandon and McKay wanted to make sure the neighbors had correct information and wanted to know what the neighbors’ concerns were. Two people called them in opposition; the conversations were productive. There was concern about traffic that flows from Ferris Lane. Ferris Lane is located in the Sunrise Meadows subdivision. Ferris Lane is stubbed as a through road for future growth. The fire department required the connectivity with Ferris Lane. This proposal would provide the connectivity for the future growth of the area. Brandon and McKay have spent time with the multiple departments, doing due diligence prior to these application requests. Commissioner Questions: Bruce confirmed the city utilities run under N 12th W, next to Lawrence Jensen’s cellars. Brandon confirmed the utilities are on the east side of the parcel. Bruce confirmed Brandon will use Ferris Lane as one connection and another road connection to N 12th W. Brandon said Ferris Lane and the connection on N 12th W will be two-way traffic. Bruce asked if there will there be individual wells and septics. Brandon said the development will be tied into city water and sewer if the Comprehensive Plan Map change, Annexation, and Rezone are approved. Chairperson Smith asked why the lot in Copper Heights was included. McKay answered the intent is for greenspace, a clubhouse, and walking area between the two developments. 4 | Page Staff Report: Kyle Baldwin – The Comprehensive Plan Map was shown on the overhead screen. The two parcels were selected. The request is to change from Rural to LDR1-MDR1. In 2002, the parcel was added to the Area of Impact. In 2020, the road at Pine Brook was widened; the same will be required of this parcel. The recommendation of the Commission will be to the County Commissioners. Staff is requesting the Commissioners recommend the request be approved by the County Commissioners. Commissioner Questions: Eric asked if the Comm ission can annex outside the Area of Impact. Kyle said if the parcels are contiguous and the request is from the landowner, the parcel can be annexed. Vince clarified the two (2) parcels are being considered together. Aaron confirmed the request is for the County Commissioners. Any Area of Impact request will be finally approved by the County Commissioners, including this Comprehensive Plan Map change. Chairperson Smith opened the public input portion of the hearing at 7:58PM. Favor: None Neutral: None Opposed: Aaron Gaskill – 1729 N 3000 W – As the applicant mentioned, when the Copper Heights subdivision happened; this is why he is opposed to the current application. About a year ago, the Copper Heights subdivision was developed; it was not developed in accordance with Madison County code 115-95. When the developers learned, they made no attemp t to correct the development to comply with the requirements for curbs, gutters, and sidewalks. He is happy the new development will hook up to city water and sewer; this is what the neighbors want. He wants the Commissioners to approve the development with a stipulation that the developers comply with Madison County’s requ irements of 115-95 for Co pper Heights prior to merging the two subdivisions. This section contains several requirements, some of which have been completed: All of the streets have been paved. All of the lots are at least an acre or larger; many of the lots are 0.7 acres or less. Without sidewalks, his kids cannot walk safely to their grandparents’ house within the same subdivision. Aaron would like Copper Heights be brought up to code before tonight’s application is approved. Attorney Rammell confirmed Copper Heights was approved by Madison County. Christopher Cheney - 1716 N 3000 W – Was there mention of going to MDR1? Chairperson Smith clarified the request is for a Comprehensive Plan Map change for LDR1-MDR1. Christopher continued he would have a major issue with zoning of MDR1. The entire area is low-den sity. The ¾ acre lots do not fit with the other lots in the area. He has lived in his home for sixteen (16) years. He is frustrated with the growth and the impact on schools and levies. He appreciates the city infrastructure, but we have to take into account the local farming community. Chairperson Smith asked if anyone else would like to speak. Written Correspondence: (See record for 22-00489.) 5 | Page Rebuttal: McKay said the person the developers worked with in Madison County is no longer in Planning & Zoning. When it came to the developers’ knowledge, the lots were too small, it was too late, with thirty-two (32) separate owners of lots. Madison County what occurred. At the time, he was going to run the utilities through the property for the Copper Heights subdivision, which is on tonight’s request. They followed the county statues as they understood them when the development occurred. The ranges for the Comprehensive Plan Map are confusing for the public. The request for rezone will be Low-Density Residential 1 (LDR1) for single-family homes. He worried about people looking at the grain field and realizing change is coming. McKay and Brandon were pleasantly surprised that the townhomes and high-rises were not being built right beside them. Some of the confusion could be diffused by speaking to the neighbors. Attorney Rammell said the Commission cannot consider promises with development. McKay continued Rural and the residential range LDR1-MDR1 are good adjacent designations. Utilities are already in place. With the blessing of City Staff, he asks that he and Brandon be given the opportunity to show they can follow all the requirements needed for development. The extra lane put in on the Pine Brook DIV2 side will also be required with this development. Aaron said he understands the requirement for curb, gutter, and sidewalk with Copper Heights is water under the bridge. He confirmed LDR1 requires sidewalks and this would be required also on Copper Heights block 2 lot 14. Everything in this new development will have curb, gutter, and sidewalks per the LDR1 zone. He suggested that the Commissioners look at both the Comprehensive Plan Map change and the zone change as two related applications; they need to both pass or both fail. The Comprehensive Plan Map is divided into bandwidths or ranges; it is not specific. Zoning is specific. McKay said the Comprehensive Plan Map change has to occur before the zoning can be considered. Chairperson Smith closed the public input portion of the hearing at 8:12PM. 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: Chairperson Smith feels this request would be a good addition to the city. The change makes sense in this area to change the Comprehensive Plan Map to LDR1-MDR1. Eric agrees. He thinks this will be a great neighborhood and subdivision. It would be remiss, if we do not discuss the density. RR1 is all around this parcel, which would allow about sixty (60) lots. What 6 | Page we are talking about is going from this density to two hundred fifty (250) lots. This is a major impact to an area. He is assuming City Staff has looked at traffic issues. The intersection to the south with Main and N 12th W. Kyle said Public Works has considered the traffic thoro ugh ly. Attorney Rammell said Main Street with the intersection at Mother Hibbards and Valleywide is a state-controlled road. Vince said he has spoken with the state about that intersection on several occasions. Attorney Rammell how it was received. Vince said the state listened. Eric said concerning the Comprehensive Plan change, we need to determine ways to move traffic across the freeway. This request will be a great addition to the community. MOTION: Motion to recommend the Madison County Commissioners approve (22-00514) the Comprehensive Plan Map change from Rural to LDR1-MDR1 at approximately 1175 N 12th W (RPR06N39E140900) & 1 parcel (Blk2 Lot 14) in the Copper Heights Subdivision, because it meets the area, the surrounding properties mirror it, and this allows public utilities to be available. Action: Approve, Moved by Vince Haley, Seconded by Vanessa Johnson. Commissioner Discussion on the Motion: Eric would add the extension of city services into the area. Aaron said the elimination of any additional well drilling could also be added. Vince said in the city he could drill his own well; this will not be eliminated. For septic, he has to connect. Aaron said if you have water services, you have the opportunity for connection. Vince will include comments about public utilities availability. VOTE: Motion carried by unanimous roll call vote. (Summary: Yes = 9, No = 0). Yes: Vince Haley (Vice Chair), Todd Marx, Aaron Richards, Sally Smith (Chairperson), Jim Lawrence, Bruce Casper, Eric Erickson, Brad Wolfe, Vanessa Johnson. 9. September 7, 2022, Application was presented to Madison County Commissioners and approved. 10. September 13, 2022, Resolution No.: 491 recorded with Madison County