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HomeMy WebLinkAboutP&Z Minutes 12.1.221 City Staff and Others: Alan Parkinson – P&Z Administrator Katie Jo Saurey – P&Z Administrative Assistant Kyle Baldwin – Planner 1 Natalie Powell – Compliance Officer Spencer Rammell – Commissioner Attorney Chairperson Smith opened the meeting at 6:33 PM. Planning & Zoning Meeting: Welcome: Chairperson Smith Pledge of Allegiance: Vince Haley ROLL CALL of Planning and Zoning Commissioners: Present: Vince Haley (Vice Chair), Todd Marx, Sally Smith (Chairperson), Bruce Casper, Eric Erickson, Brad Wolfe. Absent: Randall Kempton, Aaron Richards, Jim Lawrence, McKay Francis, Vanessa Johnson. Minutes: Approval of the P&Z Minutes from November 17, 2022 (action) MOTION: Motion to approve the Planning & Zoning minutes as recorded for November 17, 2022. Action: Approve, Moved by Vince Haley, Seconded by Bruce Casper. Commissioner Discussion on the Motion: None VOTE: Motion carried. (Summary: Yes = 5, No=0, Abstain =1). Yes: Vince Haley (Vice Chair), Todd Marx, Sally Smith (Chairperson), Bruce Casper, Eric Erickson No: Abstain: Brad Wolfe Attorney Rammell provided a statement for the record, regarding a legal matter where an individual on the commission, Aaron Richards, is traveling and in fear of not being able to attend but wanting to put forth some ideas and thoughts on the matter, submitted documentation that after counsel reviewed, contained a predisposed opinion in that submission. Due process rights, under state and federal laws, require counsel to have things in place to ensure due process for any applicant and Attorney Rammell quoted a few related court cases, under state law. Attorney Rammell stated that he had spoken to Aaron Richards concerning the provided information, which was not provided with any ill intent, and told Aaron that he would be barred from having a voting seat on tonight’s commission. Aaron recused himself under the advice of counsel for this commission and will not be attending tonight. Attorney Rammell stated that he had provided instructions to place 35 North 1st East Rexburg, ID 83440 Phone: 208.359.3020 Fax: 208.359.3022 www.rexburg.org Planning & Zoning Minutes December 1, 2022 2 the submission into the public input record, rather than commissioner discussion. Attorney Rammell asked that due to the matter at hand, commissioners hold off on any questions, and to check with city staff or counsel before writing any correspondence. Public Hearings: (video index 07:35) (22-00785) Eldwin LLC – Approximately 501 E 7th S – Rezone from LDR1 to MDR1. The Comprehensive Plan Map designation for this parcel is Low Density Residential 1 (LDR1) – Medium Density Residential 1 (MDR1). The parcel is approximately 15.25 acres. (action) Applicant Presentation: Ryan Singleton with Connect Engineering – 1925 N Bramble Lane, Idaho Falls. Ryan began his presentation by describing the property as a 27.7 acre parcel, currently zoned LDR1. His goal to rezone 15.25 acres, retaining 12.45 acres in current LDR1 state, which will provide about 34 1/3 acre lots. In the rezone area, approximately 5.9 acres will be dedicated for right of way, leaving only 9.76 acres (35% overall development) that will be MDR1. In that MDR1 zone, max density is 16 units per acre, and they are proposing 13.4 units per acre. Ryan listed the major reasons why a rezone is perfect use of this land. 1. It is a unique property with challenges of shallow rock formations. He believes it has been on the market for two years because LDR traditional construction is not an economical fit for this property. 2. It is exactly what is outlined in the City’s comprehensive plan. The City of Rexburg and residents of Rexburg put together the comprehensive plan, which is the most powerful tool in land use. In his opinion, the residents of Rexburg have already expressed their desire of what they want the area to feel and look like through the comprehensive plan. As Rexburg sees unprecedented growth, this rezone provides a much needed product, with a land use that aligns with the comprehensive plan. This is a premier area, as seen by the number of people who showed up today, and he wants more people to be able to enjoy the area, as the residents do on a daily basis, especially those who may not be in a position to buy a larger lot and build a larger house. As an engineer, he is very aware of the issues that are facing our area and deals with the stress on the infrastructure on a daily basis, providing products 3 that minimize impacts to the best his abilities. He has studiously studied traffic and sewer, and has attempted to do everything possible to minimize those impacts but still allow the property owners to do something that economically makes sense. Commissioner Questions: none Staff Report: Alan presented the Staff Report to the Commissioners, showing a map of the parcel, as well as the portion of the property proposed to be rezoned. Alan described the surrounding area, including an undeveloped subdivision to the north of the property, that was platted maybe 20 years ago. Staff has reviewed the application, which met all the requirements to apply for a rezone, but a traffic impact study will be required once a plat is submitted. Chairperson Smith asked Alan to clarify what is allowed in the proposed zoning. Alan replied that in MDR1, Single-Family houses, duplexes, twin houses, town houses, and Multi-Family housing is allowed, with a maximum density of 16 units per acre. Vince pointed out the slight differences in setbacks and building heights in the two zones. Chairperson Smith opened the Public Hearing at 6:51 pm. She reminded those attending of the public hearing procedure and stated that the commissioners had read the 73 submitted letters. Vince added that the commissioners want to hear from everyone and instead of reiterating exactly what the previous person said, simply state that you agree. In Favor: Justin Ball - 575 Countryside Ave. - Grew up and would like to continue to live here in Rexburg, but there are not a lot of options available to his growing family, as homes are not affordable for him. Spencer Timmons 4472 Holiday Blvd SLC UT – is an owner of Eldwin LLC. His sister went to BYUI and wanted to stay in Rexburg after graduation but couldn’t find any affordable property, and now lives in Ammon. When he saw the property, he was interested in its affordability, and is looking at developing attached and detached single-family homes. A week ago, he listened to a gentleman talk about large lots and how there are so many available, but prices are through the roof. As it sits, without the zoning change, he can put a maximum of 10 units per acre, and he is asking for 13. He is planning on holding neighborhood meetings to discuss plans. Arty Lucero – 256 Monarch Drive Bountiful UT – is a small partner in project and wanted to speak to the integrity of the partnership trying to collaborate and not fully maximize the use of the project. He would personally like to come here, but friends cannot stay in Rexburg because they cannot afford it, and he thinks this project will bring a good demographic to this growing, beautiful town. Neutral: none Against: Shauna Lewis - 603 4th E –When the developer began digging, the developer told the neighbors they were going to build $500k houses. She doesn’t want developers, who don’t live here, to dictate this town, she wants residents to dictate our town. She stated the neighborhood is beautiful and this project would destroy the aesthetics and she asked the commissioners to protect the town as it grows and integrity of our neighborhoods. She brought up that Legacy Ridge is college housing, 4 close to the university, and this is not the same area, nor should it be considered a similar use. She discussed safeguarding the growing town, as there are some towns where apartments are placed any where and it ruins the flow of the town. This is a single-family neighborhood with high standards, and the neighborhood wants single-family homes, that’s why they purchased and built here. She acknowledged that eventually, the developers could build anything on the property, not safeguarding the residential view, single-family homes or family neighborhoods. Mike Thompson – 397 Eagle Court – spent most of his career bouncing across world, in many different sized communities. His son went to school at BYUI in 2008 and once up here, bought and fell in love with Eaglewood area. Originally his family was going to leave after two years and bought in this neighborhood because of the feel of the community, but now been here for 14 years, and plan on staying. He requests that P&Z deny the application to retain the consistency and integrity of their neighborhood. Alan Thompson – 653 S 4th E – His family spent a lot of time and effort to search for perfect lot in Rexburg, and a large concern was the field behind them, but being zoned LDR1 made it consistent housing with the surrounding neighborhoods. Originally only going to be in Rexburg 15 more years, but now maybe forever because his family likes it here. He is for growth in Rexburg, but thinks it needs to maintain continuity and integrity of the neighborhoods. He pointed out that the drawing submitted doesn’t mean anything, and once rezoned, the project could become anything and that if the developers put townhomes there, they will not be owner occupied, and he doesn’t want that in his neighborhood. He stated the parcel should stay LDR1 and never change. Shannon Packer – 552 Harvest Dr – stated that she appreciates the time and efforts of the commissioners to help the city. She lives on the border of the property, and built the first house on the hill, even before Harvest Heights. They bought the property knowing that zoning codes would guarantee nicely spaced single-family homes and keep a safe wonderful character. She believes that the neighbors will not benefit from this change, the only person who will benefit will be the developer and once this change is made, other developers may purchase the land and change the project. David Merrill – 602 Autumn Ct – Asked the commissioners to listen to the overwhelming majority against this change, stopping the practice of patchwork zoning in neighborhoods. He feels that the developer’s application has false and misleading statements, that the comprehensive plan does not encourage developers to do patchwork zoning, and questions why the developer wants to recreate and refine the traditional feel and qualities and is unsure of what the new feel will be. He mentioned the similar uses listed on the app, Legacy Ridge Apartments, and clarified that these are HDR1, not MDR1. In his research, Millhollow Mobile Home Community is closest MDR1 to the land and is the only comparable. He asked the commissioners to disqualify the application, requiring the developer to reapply, giving the neighborhood more time to organize stronger opposition. Margo Merrill – 602 Autumn Ct – In her search of property, zoning inconsistencies led her and her husband to purchase on Autumn Ct, they then acquired the lot next to their home. They studied and abided by the zoning and HOA requirements of the neighborhood to improve their lot. She is challenging the nonresident developer’s plan that is incongruent and incompatible with the neighborhood and believes the developer only wants to change the zoning for his benefit, and if the rest of the neighborhood abides by the zoning and HOA requirements, the developer should too. 5 Shane Berger – 654 Eaglewood Drive – is adamantly opposed to the MDR designation in the middle of the development and the patchwork approach to that zoning, but not opposed to development in Rexburg. He agrees with most everything said, but added that people who move to the neighborhood do so because it is LDR with space and single-family dwellings. He has talked to a number of people in room and neighborhood and no one is a proponent of the rezoning, and believes the commission should be amiable to the voice of residents in the community and not an out of state developer. Clifton Barber – 489 Linden Ave – summarized his submitted letter. Matt Dixon – 656 Hillside Drive – moved from Houston Texas 6 years ago and this same thing happen there, since Houston does not have zoning laws. In Houston, people build walls and put up gates, because they don’t like what is next to them. He mentioned the developer stated this beautiful area is being withheld from others, but it is beautiful because of the labor, effort, and work of the neighbors and that he keeps his property nice not for him, but his neighbors. He wants to share this area, but wants them to come in at LDR1, build a house, and join the neighborhood. Beth Dummar – 582 Autumn Drive – lives on the border of the proposed rezone and agrees with the neighbors’ comments. They bought their home 15 years ago, and want their 4 year old to have the same experience their older children have had living there and wants to keep the character of the houses and neighborhood. Mary Alice Briggs – 601 Autumn Court – just bought a house in this neighborhood in August, after being in area 26 years. She moved in knowing that she would have to abide by the HOA rules, and was drawn to area because of the feel of the neighborhoods. She stated the developers bought the land knowing what the zoning was and asked that the commissioners preserve the feel of the neighborhood. (video index 55:55) Ted Whyte -369 Eagle Court - clarified that he isn’t against developers from Utah, he wants constancy with their current neighborhood. He mentioned he was the first to build in the Eaglewood subdivision and there is a lot of rock in the area, a lot of homes have lift pumps because basements won’t drain, but single level or two story homes can be built. Recommended the developers start building homes consistent with the neighbors as there are very few residential neighborhoods developed within Rexburg, that single family lots are needed and are selling. He doesn’t want to see the whole town being converted to apartment city and asks that Planning and Zoning protect and maintain residential neighborhoods and grow methodically. Cory Barnard – 585 S 4th E - started by saying he was surprised at the rezoning notification and his neighborhood had a lot of input on the 2008 comprehensive plan and was proud of the City wanting single-family to remain. He mentioned history around the comprehensive plan range designations, changes that made it easier to rezone, and how there was no public input on those changes. He included quotes from P&Z commissioners, City Counsel, and legal staff and commented on the process, stating that he thinks applications are automatically approved by City staff, and that staff recommends approval before packets go out. He stated that he believes this application is flawed and asked the commissioners to follow the guidance of the public. 6 Attorney Rammell added context to the quotes and interaction mentioned by Mr. Barnard, clarifying that the attorney has no dog in the fight, and when asked during that meeting if people could be upset, that meeting, like every meeting, was posted. Every meeting is open to public comment. If someone chooses to not come, legally we cannot project to possible, hypothetical comments someone might make. Again, Planning and Zoning and City Council made the decision to make that change, but any other changes, are available for public input. The amount of people in attendance shows the system working. This council is hearing you because you chose to be here tonight. Jacob Flamm - 564 Terra Vista drive – stated he did not receive notice and many found out about it just a couple days ago. He discussed the effects on the larger neighborhoods around this property, and commented that the soil being rocky is not a reason to change the zoning. Kelly Sluder – 593 E 4th S – stated that it was not easy to build here, but was worth it. He stated there is a traffic issue and a traffic study that needs to be done, referring to the road as the Millhollow Raceway. He mentioned that until the infrastructure can handle medium density, the residents will be affected, not the development. He said he is a building official in Jackson and understands developments; that they welcome neighbors, but that apartments will cause neighbors to move away. John Allred – 716 Autumn Drive – agrees with previous comments and moved here with intent of moving somewhere else but loves the neighbors and the area. Nicholas Wilson – 616 Eaglewood Drive – commented that traffic studies are usually later, after roads are completed, then study needs to be done again. Sam Pothier - 674 Autumn Drive - agrees with what has been said. David Daniels – 685 Wheatland Drive – agrees with everything, would like to add some history. He experienced a similar situation with apartments going behind their first home 25 years ago and has watched Rexburg grow over the years; friends and partners have had to move because encroached on by density. He commented on his community being hardworking and the effort they give to live in this neighborhood. Kelly Dustin – 679 S 4th E – agreed with what had been said. He added that as his family has grown, they enjoy the experience of walking through the neighborhood and seeing people who care about their places. Tom Wagner – 631 Autumn Ct – commented that the college president was a next door neighbor, and told Tom, when he was asked to make sure he didn’t let Rexburg become Provo. Tom travels all over the US and has seen many neighborhoods, some are great and some are disjointed. He understands that Rexburg will grow and needs to grow, and that how it grows is left to Planning and Zoning. He asked that they keep continuity of what Rexburg is. 7 Vonda Winfree – 370 S 5th E– commented that she lives north of the property and didn’t receive a letter, rather heard about the by word of mouth. She feels like greatly she will be greatly affected by the changes proposed, as would those living around her that were not aware of this meeting. Brad Neilson – 686 Hillside Drive – pointed out that these seem like good representatives, but nothing presented is binding. Caron Thompson – 397 Eagle Ct – commented that the developer stated his sister couldn’t find affordable housing after graduating from BYUI, but a lot of people cannot move into an established area with people who have worked entire lives, that is a safe place to live and raise kids, right out of high school or college. She stated that the residents beautify this area, that it looked bad before and they made it beautiful, so that everyone can enjoy it. Neil Floyd – 630 Autumn Drive – stated he works for one of the largest development companies in Idaho and they never buy property with knowing what it is zoned for or having a conditional change of zoning and that other developers should follow. Rebuttal: (video index 01:34:30) Attorney Rammell reminded those present that the applicant sat through a large number of oppositional comments without interrupting, and to give him the same respect. Spencer Timmons thanked everyone for their time and input and clarified that his entire family is from Idaho Falls, he is the only one not. He stated he is not trying to upset everyone, that he is listening to the residents comments and will work with the city and residents. Ryan Singleton expressed his gratitude for everyone in attendance. He discussed the comprehensive plan being in place to protect the look and feel of the area and neighborhood, that MDR1 is an established land use, and encouraged those in attendance to change the comprehensive plan if they don’t like the direction it allows. He deals with subdivisions on a daily basis and his goal is to bring products to market that benefit everyone. Chairperson Smith closed the public portion of the meeting at 8:12pm. Conflict of Interest: None Commissioner Discussion: Todd stated that the comp plan is a range of zones and takes into consideration other factors, it’s not iron clad. Chairperson Smith echoed that it is a range, and there are other factors, such as being contiguous and this is not, and need to be considered. Vince invited the public to be involved in discussions of Rexburg as a whole, as well as reviews of the comprehensive plan, and to carry their momentum forward and seek out opportunities of involvement in upcoming meetings. Vince stated he does have concerns of this application, including the MDR zoning being its own island. He’s not sure it would change the neighborhood but doesn’t think it is the best decision for the area. 8 Eric Erickson mentioned that the Planning and Zoning commissioners listen to the community and sometimes feel like they are seen as the bad guys, but are residents as well, wanting to maintain the integrity of neighborhoods, but do have to look at Rexburg as a whole, including areas of higher density and affordable housing. He doesn’t believe this is the place for higher density as it does not meet the consistency of neighborhood and area. Bruce commented that a few years ago Bill Webster built a home in a wheat field and everyone thought he was crazy, because he was so far out, and now that far out is, far in. He commented on starter homes and rentals, and hearing expressions of “not wanting those people” in an area where residents work hard for what they’ve got, and how being on this council he listens to every section of town. He doesn’t agree that this is the area, this is his community too, and he advised making wise decisions. Chairperson Smith echoed Bruce, stating that renters are people too, but this isn’t the right place for medium density housing, and it needs to stay a stable neighborhood. Brad mentioned that just because designated as a possibility, it doesn’t have to be. He mentioned that this is one of nicest neighborhoods in town, and while it was said it is sitting and not selling, its time will come, and there may be a big need in the future for this type of area. He said there are other affordable areas in town that are available, and mentioned previous conversations around the Abri apartments, and letting higher density go next to the college. He does not believe this is a good fit. MOTION: Motion to recommend the City Council deny (22-00785) the Eldwin LLC Rezone from LDR1 to MDR1 at approximately 501 E 7th S, in consideration of numerous neighbor comments and the fact that the area is more amenable to single family homes, larger lots, lower densities and is generally not a good fit, as well as the move from LDR1 to MDR1 without any steps in between is too much. Action: deny, Moved by Eric Erickson, Seconded by Brad Wolfe. Commissioner Discussion on the Motion: None VOTE: Motion carried. (Summary: Yes=6, No=0, Abstain=0). Yes: Vince Haley (Vice Chair), Todd Marx, Sally Smith (Chairperson), Bruce Casper, Eric Erickson, Brad Wolfe. No: Abstain: Bruce clarified the recommendation now goes before City Council. Chairperson Smith invited those interested in having input for a new comprehensive plan to go to the Engage Rexburg website. Alan further explained that there were multiple comments tonight on the comprehensive plan and the City’s efforts to update it as Rexburg’s last plan was written in 2008. During the update process, Planning and Zoning has faced a lack of public participation, and still struggle to get attendance. He invited those who are passionate about what they want to see in their neighborhoods to participate in the process. Josh Holt commented that the notices in the newspaper are small, it is hard to tell the location of the property based on the legal description only and recommended a different 9 description to get more involvement. Alan suggested going to the interactive agenda and accessing the file and map through the folders. Alan encouraged everyone to reach out to staff with concerns, recommendations and feedback, as the City wants input. Heads Up for December 15th: No items scheduled for the agenda. Adjourned at 8:33.