Council approves first reading of rezoning for Bethany Meadows, contingent on filed covenants

Brandon City Council approved the first reading of Ordinance 762 to rezone tracts 10 and 11 at Bethany Meadows from R2 to R3, contingent on the filing of covenants and restrictions limiting future use to twin homes.

City planning staff told the council the rezoning request is intended to allow the developer to reach the unit counts needed without pursuing a conditional-use process; staff also said Planning & Zoning had recommended a 'do not pass' because of concerns that R3 zoning could allow higher-density uses in the future. Patrick (city staff) explained the zoning map incorrectly shows NRC for the parcels and said the rezoning request is to align zoning with the applicant's desired unit count.

Joel Engel, developer and contractor with Horn and Levy, said the project as proposed would consist of twin homes matching Bethany Meadows’ existing layout: "We propose to build twin homes here. ... Our intention is to build twin homes." Engel described one small block of eight units and a larger block that would total 36 units, and said the applicant plans to record covenants restricting the property to single-family/twin-home use.

Brian Highbrook, a Planning & Zoning participant who spoke to the council, said neighbors worried about the possibility that an R3 designation could allow multi-family or higher-density development in future years and indicated P&Z recommended against the rezone as submitted. City staff advised the council that a rezone is a legislative act and typically cannot be conditioned; staff also said private covenants are enforceable by property owners and therefore are the likely mechanism to keep the land limited to twin homes.

Deb Herabolt, chief executive officer for Bethany, described Bethany’s model and intent: the organization retains ownership of the twin-home property, residents pay refundable entrance fees and maintenance fees, and Bethany provides on-campus services. "As the sole owner of the property, Bethany can provide assurance that the land included in the rezoning request will be used exclusively for twin home development," she said.

Residents voiced both support and concern. Joe Barron, a Bethany Meadows resident, urged approval and called the project "desperately needed." Conversely, Ardyce Polzin, another resident, questioned whether existing garden-home residents would benefit and raised recent maintenance staffing shortages, asking "Who’s going to benefit?" Hunter Winkelpleck, campus administrator for Bethany Meadows, said the organization is recruiting maintenance staff and that the budget anticipates hiring additional personnel to support the new homes.

On a motion to approve the first reading contingent on the filing of the covenants and restrictions, the council carried the motion by voice vote. Joel Engel told the council construction-level documents for grading, utilities and streets have been under review and that mass grading could begin immediately and home construction could start in roughly 60–90 days if approvals proceed. Staff noted that if the ordinance passes second reading after publication it would take effect August 5.

The first reading approval does not itself alter zoning for the parcels; the ordinance must complete a second reading and the applicant must supply the promised covenants in time for council review before a final determination.