Loading...
HomeMy WebLinkAboutMULT DOCS - 08-00256 - Roberta /Thomas Goe, Go-cart -CUP0 9 Conditional Use Permit City of Rexburg 12 North Center Phone: 208.359.3020 Rexburg, ID 83440 www.rexburg.org Fax: 208.359.3022 ' 0 C ITY O F REXBURG OW America's Family Community Fee(s) Paid: Yes/No CUP: $250.00 Applicant Publication: $200.00 Name: p6k�of4o' 4-Goe-Address: l E C)C) %Q City: )z nIhACQ State: zin. one: 3610 51 Owner (Complete if owner not applicant) 71 Name: Address: City: State: Zip: Phone: Property Covered by Permit: C Address: 1114 N). � Euowz�MPJQI Zone: 4 -�W YY\I(`A0LQAa I QZ t Legal Description (Lot, Block, Addition, Division Number) Nature of Request (Briefly explain the proposed use) Existing use of property: Will this have an impact on schools: t-r(-) Requirements for Granting Conditional Use Permit The following information will assist the Commission and /or City Council to determine if your proposal will meet the requirements under the zoning ordinance. 1. What is the estimated water usage per month? Are the existing mains adequate to provide fire protection? Q rl.,ti c� -Q W.�1 2. What is the estimated sewer Will pretreatment be necessary? _ 3. What is the estimated daily traffic to be g erated? Will the traffi be trucks? _c CO -k1-Y) C�_LLf � � F Q Q.I I W L V 1 , X vehicles or commercial 4. If commercial, industrial, or a home occupation, T hat will be the hours of operation? I (1 N-vv\ _ 1 n V rn 5. Will storm water drainage be reed on site? Is an existing storm drain available? Is it at capacity? If so, will new facilities be constructed? _M 1 ft 6. If proposed use is residential, describe number and type of d elling units. Will this be student housing: multi- family for young families, singles and couples, or elderly? 7. What provision has been made for fire protection? Where is the nearest fire hydrant? Is any point of the building further than 150 feet from access sufficient in width for fire fightin equipme t? Ei (� L f. 4T. 1 g n4*-- Y e -,- 'h & Vii-, tYf VlS2A '� �v C9iS 8. How much parking is being provided on -site? Do the aisle widths and access points comply with the ordinance re uirements? Has landscaping�een provided in accordance with the ordinance? (� l n r n A .. n le t 1 % n n 1 1 1 n ins 4 " L .N I � I b-NI, Xin _ / 1 9. Where will solid waste generated be stored? Is access adequate for the City collection? 10. What is the tvt)e of noise th t will be generated by the use? What are the hours of noise generation? A v A zi 1 L 4 d v s~Yrn— I n PV ! ! 11. What type of equipment will be used in the conduct of the business? St1 M I - QO LOU Q hau V ra pD - yred Ojcw\O .LU )j pa A MA -rAp- are t4e surrounding land u s? Has buffering been f 1 nv�n rv� n �n cn F I I QP - 0.o - h wn 13. Are any air quality permits required? Is dirt or other dust creating materials moved by open trucks or box cars? T).n 14. Will the parking lots or other outdoor areas have lighting? A L VZEl�*du in Place 15. Are passenger loading zones for such uses as daycare centers and schools provided? How is busing routed? For commercial uses, where are the loading dicks? Is there sufficient space for truck parking? 16. If a commercial, multi- family, or public assembly use, where is the nearest collector street? Arterial street? 17. What, if any, signage is anticipated in connection with the proposed usage? C., use The Commission or Council may address other points than those discussed above, but a narrative addressing at least those applicable points will assist in processing your application. A PLOT PLAN MUST BE ATTACHED IN ORDER TO PROCESS THIS APPLICATION. Included on the plot plan setbacks, parking, etc. Formal notice will be sent to applicant after approval of a Conditional Use Permit. Notice will state the conditions of the permit. If conditions are violated or not met there will be 90 day period to cure the problem. Failure to cotHpiy.\vith the terms may r5a4t in revocation of the Conditional Use Permit. of as required by the ordinance? ,53 al X!�, ;ZY Ol Ic Ci A , - 8�upo CLAIM FORM VENDOR # NAME ADDRESS o w� 4 �t /SNEO Of JF REXBURG AMERICA'S FAMILY COMMUNITY j �.um or Robezu. Go e 1 C . 106 nJ CITY, STATE, ZIP k q b �� , Zl> i�3 N 7 DATE - 131 9 FED ID or SS# TELEPHONE 3 5 - 51 71 DESCRIPTION CODE AMOUNT APPROVED A- 0 a5 � ttde, &,� �V7 Cu- CA a g 3a 39-1 .Mi CLAIMANT OR HIS AGENT SIGN HERE i • Thomas H Goe and Roberta H. Goe 1771 E 100N Rexburg, Id 83440 (208) 356 -5171 July 27, 2008 City Of Rexburg 12 North Center Rexburg, Idaho 83440 Attention Permit Dept. Conditional Use To Whom This May Concern: We, Roberta H. Goe and Thomas Goe would like to withdrawal our application for a conditional use permit. We have elected not to move forward with the ridiculous request from the City. Do to the numerous repeated request we have decided that the City of Rexburg does not want our Teton Drive In amusement park, such as - go- kart track - miniature golf and future batting cages. At this point we do not want to finalize our application or be heard by our City Commissioners, just to beg, this well be our THIRD try. Its not worth our efforts and frustrations. I am requesting a full refund of $450.00 since we decided not to finalize the repeated request of the applications . Once again we never completed our 3` Application and request a full refund. J�indest Regards, Thom _ e� Robe H. Go 7 e` gb F , y a 4 �•r CITY O F `M REX Americas Family Community June 3, 2008 Roberta H. Goe 1771 E 100 N Rexburg, Id 83440 Re: CUP #08 00256 Proposed Go -Cart Track (Multipurpose Recreational Facility) Dear Ms. Goe: Your application for the Conditional Use Permit to operate a Go -Cart recreation facility has been determined to be incomplete. In order for your application to be deemed complete and move forward to be on the agenda for the City's Planning and Zoning Commission and the City Council, we will need you to submit the following information: 1. Complete site plan that is scaled accurately (e.g. one inch equals thirty feet). Site plan should include: a. Site boundaries b. Location of adjacent lots and homes. c. Location of existing and any proposed buildings d. Location of proposed trash dumpsters. Show what material will be used to screen dumpsters. e. Describe intended activities within each existing and proposed building, e.g. food stands, batting cages, arcades, etc. f. Location and design of outdoor areas (e.g. go -kart track, etc). Include proposed activities for each outdoor area. g. Location of existing and proposed parking areas i. Identify existing and proposed surfacing (e.g. asphalt, gravel, etc.) h. Location of proposed driveways i. Identify existing and proposed surfacing i. Landscape plan. Identify location of areas to be landscaped, and identify location, size, and type of all proposed trees and shrubs. It is recommended that the following size guidelines be followed: i. Deciduous trees- 1.5 -inch caliper minimum ii. Evergreen trees- 7 -feet in height at planting iii. Shrubs- 5 -gallon containers Gary Leikness Planning and Zoning Administrator 19 E. Main Rexburg, ID 83440 P. O. Box 280 Pbone (208) 359.3020 ext. 314 Fax (208) 359.3022 gagJ@rexbu,g.org ww -- burg.oig 0 OY gEYB URC O CITY OF REX Americas Family Community j. Proposed fencing, and proposed materials. Currently, a decorative concrete masonry wall is required along all areas that abut a residential zone. 2. Legal description of the subject property. This info may be found in the Title Report from when you purchased the property. 3. Lighting plan. Lighting plan needs to follow the City's Lighting Ordinance (found in Ordinance 926). Existing lighting needs to be described, i.e. height, wattage, photometric layout, etc. 3. Provide details on type of motorized vehicles to be used on the site, i.e. manufacturing specification on the go -carts and any other motorized equipment to be used. 4. Age and condition of septic system. Once we have received the above listed information, we will proceed to schedule you for your public hearings. Thank you for your attention to this matter. Please call if you have any questions or need clarification. Sincerely, Gary Leikness Planning & Zoning Administrator cc: File #08 00256 Gary Leikness Planning and Zoning Administrator 19 E. Main Rexburg, ID 83440 P. O. Box 280 Phone (208) 359.3020 ext. 314 Fax (208) 359.3022 garyl @rxburgorg wniw— burg.arg CITY OF REX- -B JRG 0 Americas Family Community June 3, 2008 Roberta H. Goe 1771 E 100 N Rexburg, Id 83440 Re: CUP #08 00256 Proposed Go -Cart Dear Ms. Goe: Your application for the Conditional Use Permit to operate a Go -Cart recreation facility has been determined to be incomplete. In order for your application to be deemed complete and move forward to be on the agendas for the City's Planning and Zoning C_Ommissin and the City Council, we will need you to submit the following information: 1. Complete site plan that is scaled accurately (e.g. one inch equals thirty feet). Site plan should include: a. Site boundaries b. Location of adjacent lots and homes. c. Location of existing and any proposed buildings d. Location of proposed trash dumpsters. Show what material will be used to screen dumpsters. e. Describe intended activities within each existing and proposed building, e.g. food stands, batting cages, arcades, etc. f. Location and design of outdoor areas (e.g. go -kart track, etc). Include proposed activities for each outdoor area. g. Location of existing and proposed parking areas i. Identify existing and proposed surfacing (e.g. asphalt, gravel, etc.) h. Location of proposed driveways i. Identify existing and proposed surfacing Gary Leikness Planning and Zoning Administrator 19E. Main Rexburg, ID 83440 P. O. Box 280 Phone (208) 359.3020 ext. 314 Fax (208) 359.3022 garyl@rexburg.org www.rexburgorg u EN f ti o� J CITY OF T PLANNING & ZONING REX lJ R G ;, ---------------- - - - - -- MINUTES Arrieri�ui !'arrtilp C'ra� �rr:urrity 12 N. Center (PO Box 280) Phone: 208 -359 -3020 x312 Rexburg, Idaho 83440 Fax: 208- 359 -3022 www.rexbura.org planning @rexburg.org February 16, 2006 Commissioners Attending Rex Erickson — Council Member Winston Dyer— Chairman Ted Hill Mary Ann Mounts David Stein Thaine Robinson Joe Laird Mary Haley Randall Porter City Staff and Others Shawn Larsen — Mayor Kurt Hibbert — P &Z Administrator John Millar — Public Works Director Emily Abe — Secretary Chairman Dyer opened the meeting at 7:15 pm. Chairman Dyer explained that since a legal quorum of six (6) commissioners were not yet present at the meeting, the present commissioners would need to wait for another to arrive before they could proceed with any official business. They would proceed with the items on the agenda that do not require action of a legal quorum. Chairman Dyer noted the passing of Cathy Winters, who formerly served as secretary for the Planning and Zoning Commission. He said their thoughts, prayers and condolences go out to her family. He invited the Commissioners to make personal expressions to the family as appropriate. Unfinished, Old Business: B. Comprehensive Plan: Kurt Hibbert presented the proposed comprehensive plan changes and asked them to add anything they see is missing. He explained the review of the SWOT analysis will allow them to expedite some policy development in the comprehensive plan as they address the strengths, weaknesses, opportunities and threats in each of the land use areas. Kurt also gave the commissioners a list of zones allowed within the different land use designations on the comprehensive plan map. He asked the commission to give their recommendations on some of the new zones, and which land use areas they should fit into. Randall Porter asked where this information would be included in the plan, and who is writing the plan. Kurt Hibbert said it will be integrated into the comprehensive plan as policy direction. Kurt is working on the comprehensive plan and is asking the Planning and Zoning Commission to help develop and update it. Chairman Dyer asked for a list of the zones that have not been categorized. Kurt said he has not been able to develop that list, and he is only aware of a couple of such zones. He added that many of the zones are applicable in more than one land use area. He suggested they have a work meeting and go through and separate the commercial land uses. Some land uses are not on the list, and they need to be classified and added. Kurt Hibbert gave the commissioners a new comprehensive plan map and pointed out the legend clarifications, annexations and zone changes reflected. He asked them to notify him if they noticed any mistakes. Thaine Robinson noted there are two different zones on the annexed Fugimoto property. Kurt Hibbert said there is General Business District on the North and Regional Business Center on the South. Chairman Dyer pointed out that the clarifications on the map legend do not show up very well. Kurt Hibbert then showed the commissioners some other changes on the map, including some areas they want to continue working on. Chairman Dyer encouraged the commissioners to keep the maps in their codes for reference during the meetings. Heads up: Kurt Hibbert pointed out that the comprehensive plan map amendment waiting period ends February 17, 2006. After that date, the commission will be able to process comprehensive plan change requests. Chairman Dyer asked how many applications are anticipated. Kurt said he knows of three (3) right now. They will probably look at these on the second meeting in March. Non - controversial items added to the agenda: Kurt Hibbert informed the commissioners that the city sponsors them if they would like to attend the annual Planning & Zoning Training in Pocatello on March 25, 2006. He told them to contact him if they needed a ride. So far, two (2) commissioners and one (1) citizen are planning to attend. Joseph Laird arrived at 7:46 pm. Chairman Dyer officially opened the meeting at 7:47 pm. He welcomed the public to the meeting, including some students and scouts. Roll Call Randall Porter, Mary Ann Mounts, Winston Dyer, Ted Hill, Joe Laird, Thaine Robinson Charles Andersen was excused from the meeting. David Stein would arrive at 8:30 or 9:00 pm. Minutes: A. Planning and Zoning meeting — February 2, 2006 Corrections: - P. 4 — Change "David Robinson seconded the motion" to "Thaine Robinson seconded the motion." Thaine Robinson motioned to approve the minutes for February 2, 2006 as amended. Ted Hill seconded the motion. 2 Mary Ann Mounts and Randall Porter abstained for having not been present at the meeting. None opposed. Motion carried. Public Hearings 7:05 PM - Rezone request from LDR3 to CBC at 1114 North Yellowstone Highway Discussion on this issue began at 7:50 pm. Dave Noel: 350 N 2 " E. He represented Tom Goe on this rezone request. He explained they are requesting the Commission to allow them to rezone the property from Low Density Residential 3 to Community Business Center, which is the recommended zone for the area in the comprehensive plan. He pointed out that both the property to the North and to the South are also zoned CBC. The developers intend to adhere to all the requirements in the land uses identified in the code for the CBC zone. He asked that the Commission consider the request and recommend the area for rezoning. Randall Porter asked if the property is within the city limits, or if it is in the impact zone. Kurt Hibbert said it is in the city limits, right on the North boundary. Randall Porter then asked why the Highway Business Center or Regional Business Center zones were not considered. He thinks the proposed plan would fit better in the RBC zone than the CBC zone. He thinks this would fit better in the middle of the community rather than out by the highway. Since the project is by the highway, and is between two cities that would use it, it would fit better in the other zones. Dave Noel answered that they are trying to conform to the comprehensive plan. Chairman Dyer asked Kurt Hibbert to comment on this issue. He said the trap they are falling into is that the properties in that area used to be zoned a zone that has been done away with, and now have been zoned Community Business Center. Kurt explained that CBC zone is equivalent to, and almost exactly the same as what the Highway Business District used to be. CBC has every land use that the Highway Business District had. The comprehensive plan calls for commercial land use in that area, but does not designate a specific commercial zone. The zoning is left up to the Planning and Zoning Commission to decide what is most appropriate. Joseph Laird asked what the various buildings on the site plan are. Dave Noel pointed out that the drawing is just an idea of what they are going to do. They do not have any concrete plans. They plan to put in storage units that would serve as a buffer between the residential zones and the project. The plan shows a go- carting area and a miniature golfing area. The other buildings would be for retail shops. Chairman Dyer reminded the commissioners that the applicant is only applying for a zone change, not a building plan. Once the property is zoned a certain way, the applicants could then come forward with site plans for development. Thaine Robinson asked if the lots around the property are both CBC. Dave Noel replied that they are. Randall Porter asked if the Kendall Davenport property is zoned CBC, and what Mr. Davenport has on his property. Mary Ann Mounts clarified that he has a private home on the property that he runs a business out of The storage units would be located right past Kendall Davenport's home. Mary Ann Mounts asked what year Tom Goe had previously applied for a different plan on the property. Tom Goe answered he had applied in 1994, and again in 1997. Mary told him that she had always felt bad about the way things had ended in the past. Chairman Dyer opened the public input portion. In Favor Tom oe: Owner of the property and applicant for the rezone. He explained the plan is just a concept. They are planning things so they will not be a distraction to traffic or for the neighbors. They want to push the development as far back onto the property as possible. They will try to keep the theater intact. They want to put in a golf course, a go- carting area, and batting cages. They have not yet worked out all the details, but they will work on this later with the developers. Right now it is just a concept. Neutral None Oppose d None Written Input - Letter from Kendall and Yolanda Davenport stating their concern with the noise the development could bring in. Mary Haley arrived at 8:00 pm. Rebuttal: Dave Noel restated all they are asking for is to be rezoned to what is recommended in the comprehensive plan, and that they do intend to follow all of the requirements completely. They are not asking to do anything that is not already allowed in the recommended zone they are requesting. Chairman Dyer closed the public input portion. Mary Ann Mounts stated she is in favor of the rezone, especially since this parcel is the only along that side of the road that is not already zoned CBC. She also noted she thinks it is very important that they don't judge the rezone request on anything to do with the plan, since the decision should be based on the comprehensive plan's surrounding zoning. Joseph Laird said he is concerned about the street right of way, since it would become quite a busy street. It is also going to have a bicycle path along one side of it. He said they may need to put in a left turn lane, and that the public works department would probably work out these issues with them. Mary Ann Mounts commented the applicant already has two (2) right of ways, an in and an out. Randall Porter said he thinks it would fit better into another zone, particularly Regional Business Center. Chairman Dyer asked Randall to explain why he thinks this zone would be a better fit. Randall said the Community Business Center implies to him that it would be something that would fit into a community, somewhere where people could walk to it from their homes. This property is right in between two (2) population bases, Sugar City and Rexburg. Since Sugar City is going to be increasing its population dramatically over the next four (4) or five (5) years, he thinks this development would fit into a zone that would fit the needs of an entire region, rather than in a community. Also, the zone specifies that it should be located close to a freeway. The only SIC code that fits what he is going to do is on page 97, which mentions specifically miniature golf. He said they at least should clean up the zones and make them consistent with each other. He thinks the whole area out there is becoming more of a regional business center than a community business center. 4 Mary Ann Mounts asked Kurt Hibbert to clarify that the only reasons the other parcels are zoned CBC is because they were previously zoned Highway Business District. Kurt affirmed this was correct. Chairman Dyer pointed out on page 90 of the code, that retail trade, miniature golf and drive -in movies are included in the uses allowed in the CBC zone. Kurt Hibbert stated it was easier to classify each use in the Community Business Center zone, but he could not clearly classify the uses in the Local Business Center and Regional Business Center zones. He said the issue of the consistency of application of the zone in the area is something they may need to discuss in the future. If the zone doesn't fit in the area, then they should probably look at all the parcels zoned CBC in the area. Chairman Dyer asked why they the Community Business Center zone was selected to replace the old zone, instead of the Regional Business Center zone. Kurt replied the RBC is a larger, more complex use zone, to be used out on a freeway interchange or something. It is intended for a larger market type structure. It would be a campus concept, rather than a strip mall type development. CBC is right in the middle of the RBC and LBC zones in terms of complexity. Mary Ann Mounts said a region would have to be a larger area than just Sugar City and Rexburg. She said this would not qualify as a region. Ted Hill asked Tom Goe how many acres are included on the property. Tom Goe answered a little over ten (10) acres. Thaine Robinson said he can support the zone change, and he thinks Community Business Center fits the project better. Mary Ann Mounts moved to recommend approval of the requested zone change to Community Business Center. Thaine Robinson seconded the motion. None opposed. Motion carried. Unfinished /Old Business A. Review plans of condition fulfillment on rezone request from LDR2 to RBD at 280 East Main Street (Liahona). Robert Collette Owner of the property. He stated his appreciation to the city engineer for reviewing the plans so quickly. He said he would instruct the people who drafted the site plan to work with the city engineer to make the lighting conform to the ordinance. He said they would find something modest to put on the home itself for signage, since they cannot put a sign in the yard. As far as parking, they would like to see only three (3) or four (4) spaces behind the home for the cars that are there on a regular basis. He said they would have the planner get with the city to make parking plans that would be in conformance. He said they could put parallel parking in the driveway if they have to. He asked if the commission wanted him to have the site plan redrawn. Ted Hill asked why the lighting did not conform. Kurt Hibbert clarified that the lighting could be in conformance, but they are concerned that the lighting was the kind that lit up parking lots, instead of lighting up the house. They have to have full cut off, so it is headed down, and not out. Randall Porter suggested they use the high pressure sodium lights that are more of an amber colored lighting. These would use less electricity, and would be less intrusive. Mary Haley asked how much of the yard can be taken up in parking. Kurt Hibbert answered that no more than forty (40) percent could be put into hard surface. He said they are not planning to add any additional concrete. Three (3) spaces is the anticipated demand. Chairman Dyer noted that the required handicap parking could be placed in the driveway. He asked if the chain link fence remained on the plan. Robert said they left the fence on the plan because the neighbors want it to remain on the property. Chairman Dyer asked if the fence would provide enough shielding and buffering to block the lights of the cars on the street. Robert said that they won't know until the plants start growing, but they will change it later if they have to. Mary Haley asked if there were a lot of vines on the fence. Robert replied that the neighbors said the vines that grow on the fence are really nice in the summer. Thaine Robinson pointed out that with the business' office hours, the car lights would probably not be an issue. Mary Haley asked why they are taking the garage out. Robert Collette said that it is not integral to the home and it detracts from it. Chairman Dyer pointed out that at the last meeting they said if the conditions are not met then the zoning would revert to the original zone. He asked the commissioners to give Robert Collette some fairly specific guidance as to what he needs to do to meet their concerns. Mary Ann Mounts said that she would like to see as few parking spaces as possible. She would like to see the fence kept the way it is. She would also like to see a good looking sign that meets the requirements. Mary Haley asked what the maximum sign dimensions are. Kurt Hibbert said it can be two feet by two feet (2x2). Chairman Dyer asked what mechanism would be used to move this request forward. Since this is the first request for this particular zone, and since the neighborhood has been very proactive in expressing their concerns about it, they need to make sure everything is done correctly. Mary Haley said she would like to see the final product before it they send it on. Randall Porter asked if there were some mechanism where the conditions could be put on the title of the property or somewhere to say that if the conditions are not met, then the zoning would revert. He thinks this would protect the city and some future buyer of the property. Chairman Dyer said they needed to be careful, because if the provision for this were not made in Mr. Stein's motion to approve the rezone, they probably could not change it now. Mary Ann Mounts questioned if they could make the zoning revert in the future with the sale of the property. Kurt Hibbert said the zoning is a property right. There is a clause in the ordinance that is a part of this zone, Section 3.25.140 "Reversion of Zoning." If the approval conditions to the rezone are documented and not corrected by the property owner in a timely manner, then the property zoning will revert to the zone existing before the rezone. Mary Ann Mounts interpreted that in the motion to rezone the property in the last meeting, David Stein put a condition on the property that if the owner sold to a business that did not conform, the zoning would revert. Chairman Dyer said since there is enough concern on the part the staff review, coupled with the concern of the commissioners, they would ask that the plan be clarified to their intent and to address the concerns. The commission would like the owner to re- submit the plan to the Commission for their review. The Commission would like to make sure the conditions will be fulfilled. 0 New Business None Tabled requests A. Rezone request from MDRl to CBC at 330 West 1" South — (nterwest Cabinet) Chairman Dyer said they had discussed this issue, and it would be best to follow the alternative to change the comprehensive plan, and then change the zone. The clock expires February 17, 2006, after which they can consider the comprehensive plan change, and then move this forward. B. Rezone request from RR to LDR2 at 1139 East 9` North — (Titan Development) Report on Protects None Compliance None Falicia Hanamaikai asked if there were any future plans to beautify the alley behind the Westwood Theatre by Gringo's restaurant. John Millar said they are looking at providing additional lighting, repainting, removing the run down fence, and fixing the parking lots. They are looking at putting all the signage into conformance. They plan to do significant cleanup of those two lots this summer. David Stein arrived at 8:45 pm. Mayor Larsen said they just came from a joint meeting with the Sugar City and County Commissioners. The decision was made to set up an interim committee with two (2) individuals from the County, Sugar City and Rexburg Commissions to look at zoning with consistency in the various jurisdictions. The first meeting of this committee will be March 1, 2006 at the County Annex Building at 7:00 pm. Mayor Larsen asked for volunteers from the Commission to serve on this committee. He specifically asked Chairman Dyer to serve on the committee. Thaine Robinson asked the Mayor to explain the content of the meeting. Mayor Larsen said they would like two (2) commissioners from each commission to meet and look at being consistent. They want to eventually make it so if Rexburg has a zone in their impact area, then the other jurisdictions would have the same zoning on the property. They don't want to look at lines at this point. This committee would make a recommendation to the joint City - County meeting about possible changes in the different jurisdictions' ordinances. They want the maps to be consistent in zones and colors in the three jurisdictions. This will be an interim committee that will not be long term. Chairman Dyer said he would be available on March 1 for the first meeting. He asked if there were others interested in serving on the committee. Rex Erickson added that this should be short term, that they want it to be done in May. Mary Haley said she might be interested. Randall Porter said he would be a substitute. Chairman Dyer said he would call the other commissioners and ask them if they have strong interest. Chairman Dyer adjourned the meeting 8:57 pm. 7 October 6, 2005 Commissioners Attending Rex Erickson — Council Member Winston Dyer— Chairman Mary Haley Randall Porter Ted Hill Thaine Robinson Cfty Staff: Kurt Hibbert — P &Z Administrator Bethany Caufield — Secretary Stephen Zollinger — City Attorney Note: Due to not having enough Commissioners to constitute a quorum, they could not make any official decisions, but they could discuss issues. Chairman Dyer opened the meeting at 7:07pm. ROLL CALL - Joseph Laird, Mike Ricks, David Stein, Charles Andersen, Mary Ann Mounts were excused. 1. Minutes (September 15, 2005) Postponed until the next meeting 2. New Business A. Concert Plan for Tom Goe - at the Teton Drive -in Theatre (seeking input with no motion) Dave Noel— Forsgren Associates — representing Tom Goe. a zone change in the location where the Drive -in Theatre is. It is master planned to be zoned as Commercial Land Use. He requested allowance to submit an application for The current zoning is Low Density Residential 3. Mary Haley arrived at 7:12pm Chairman Dyer asked what would happen after the zone change. Dave Noel explained that currently it is a theatre. The only zone that allows for a zone in the City's Ordinance that allows for a theatre is the zone they want to change to. Currently, there is a use on the property that is not consistent with the zone. This is a Concept Plan. The buildings are just for place holders. He understood that the City has some new architectural requirements; those things are not represented on the Concept Plan. He explained that there are storage units, a golf course, commercial shops, and landscaping areas as a buffer from the highway. There are a couple reasons for the landscaping one is for safety, and also to separate those buildings and the pedestrian activity from the traffic of the highway. According to the Ordinance, the amusement is included in the zoning they are requesting to be changed to. The golf course is also permitted; however, the storage units are a Conditional Use. Chairman Dyer asked how far away from the frontage is the back of the property line. Dave Noel replied that it is about 400 ft. Ted Hill asked if there are residential properties on both the North and the South side of the property. Dave Noel explained that on the N side, the zone they would like to change to extends past the property, and on the S side, it extends about half; the other half (the back half) is Residential which continues through the East side of the property. Thaine Robinson asked what the intent was of the shops on those first two (2) rows. Dave Noel replied that he was not aware of a specific retailer that is in mind, but just commercial shops; retail shops where anything from food court items to art, etc. will be sold. Thaine Robinson asked he knew how many, or if it depended on how much of the building they want to purchase. Dave Noel replied that it depended on how much they wanted to lease. Randall Porter asked who owns the property. Dave Noel replied Tom Goe. Mary Haley asked if he was aware that the Ordinance supports having the parking behind the building. are you aware that we like having the parking behind to have the building closer to the road. Dave Noel replied that we could do that. He explained that the exact location is these buildings could move closer to the highway with parking behind. That would provide a little more buffer zone to the go carts. We would certainly want to conform to the City's latest architectural issues. Staff Review: Kurt Hibbert reported that it is in conformance with the Comprehensive Plan. The zoning would determine a lot of different things, such as determining the setbacks and various design requirements on the parcel. This would be considered a preferred land use. Chairman Dyer asked why this parcel is zoned LDR3. Kurt Hibbert reported that it was done because they were planning a residential type subdivision that was a little denser with smaller lots originally. Discussion Thaine Robinson felt that it would fit better than what it currently is zoned. Mary Haley felt the zone was compatible. She was concerned about the noise issue with the go carts since there will still be homes on the East and part of the South side of the parcel. Randall Porter was concerned with light trespassing onto adjacent homes. Chairman Dyer explained that he would support the concept. There are some site plan issues and some conditional uses that need to be looked at, and according to this there will be some architectural standards that will be implemented. It sounds like there is fairly good consensus towards supporting a proposed zone change, although there will be some work to be done with the Site Plan after that. Kurt Hibbert commented that because this parcel is within a half mile of Sugar City's impact area, we need to make them aware of the request for a rezone. 3. Non Controversial Items Added to the Agenda A. Madison School District —Nick Holmes Nick Holmes - representing the School District. He was requesting to have a variance to have a six (6) foot wall — instead of a three (3) foot wall. He explained that there were some concerns about the student safety at FA Adams Elementary School along 2n E. The School District is proposing to build a block brick wall along that roadway, stopping about sixty -five (65) feet of the intersection and turning back into the school; fifteen (15) feet from the roadway. Mr. Holmes commented that this is the busiest road in Rexburg. During recess, the children play all along the fence by the road. The School District is afraid that they will someday have a vehicle veer off onto the property. Their biggest concern is the traffic moving into this property. He realizes that the policy asks for a three foot wall and anything above that being see through. He explained that a secondary reason for putting a wall here is the visibility of the children from the population. They are concerned that someone will be observing the children, which many of them walk home alone after school. One of their main focuses is security. They have already locked down (lock the doors during school) all of the Middle Schools and the High School. He commented that there was no problem as far as blocking drivers' views. Thaine Robinson asked what the reason was to have a six (6) foot fence as opposed to a three (3) foot fence. Nick Holmes explained that a big truck could bust through a three (3) foot wall pretty easily; it wouldn't stop a semi truck. Chairman Dyer asked if they ever had any incidences of someone going through the fence. Nick Holmes replied not at this time, but the traffic is increasing. Randall Porter commented that there had been some kids along that street that have been hit by cars in that area. Nick Holmes commented that this is their only school that is flat in the noddle of a major traffic zone. Staff Review Kurt Hibbert explained that staff could not approve this under the City's Ordinance; it would simply not be allowed. The School District wanted to go beyond the next level of staff analysis and see if the Commission could come up with something that would accommodate this or accomplish this same desire. Chairman Dyer asked if the concepts are met, is it open for negotiation as to how it is done. Nick Holmes replied absolutely. Discussion Thaine Robinson had no problems regarding the safety of the kids. The second issue is that this is one of the major corridors of the town and to put up a six (6) foot brick wall, it will take away from the visual aspect of the City tremendously. Chairman Dyer felt that a berm with a shorter wall at the top where you get some greenery and some setback would be better. There will be some more maintenance. He concurred with Mr. Robinson. Randall Porter thought a wall could be a decorative thing too; it doesn't necessarily have to block and hide the school. If it is done with some features, some jogs and trees planted in the jogs, it can be done effectively. Mary Haley was thinking of a shorter fence with a berm behind it so there is still the visual openness. Ted Hill asked how far the fence would sit back from the sidewalk. Nick Holmes explained that it would fit right on the sidewalk. They would probably remove the sidewalk and put in a new sidewalk. Chairman Dyer suggested to have the Design Review Committee sit down and try to negotiate some solutions as a start, or alternately, a proposal can come directly before the Commission. Kurt Hibbert commented that the only thing he could come up with would be like a highway divider (concrete structure) only three (3) feet tall and then be fifty (50) percent see through up above, that type of construction would meet the intent of the ordinance. Thaine Robinson felt it was a design issue more than anything. They would still like it to look like a school and not a penitentiary. Chairman Dyer commented that the Design Standards Review Committee is probably the best mechanism. He commented that the Committee agrees with the concerns, but he would like to discuss maintaining the presentation and aesthetics of Rexburg and the City's major traffic corridor. B. Ryan Rasmussen — 407 W l N - Request to have the P &Z Commission discuss rezoning from MDR2 to HDRI . &an Rasmussen - 226 W 6300 S — administrator of three (3) of the Homestead Assisted living facilities owned by Dave Thueson. One of the projects they are looking at is assisted housing. There is a big need for transitional housing right now. One of the things they are seeing is the transition period in between living with their family at home and then coming directly to an assisted living center. They are trying to create a transition period where having assisted housing would fulfill that intermediary facility which can range from six (6) months to ten (10) to fifteen (15) years. They want to have a transitional stage where they don't have to worry about their homes and landscaping and it would create a more centralized community. The property is currently owned by Dell Ray Barney. The property southwest of the proposed parcel is zoned HDR1. We want these places to be very attractive; feel homely; to bring something to the Community. Chairman Dyer asked if it would be accessed off 1 s ' N. Ryan Rasmussen confirmed that it would. Ryan Rasmussen explained that he was open to suggestions. They are in a different area than the apartment complex, Main Street Station. They can have up to thirty (30) residents. Right now, there is one (1) car from the residents and he doesn't drive it. Visitors to come, but ninety (90) percent of the time there is one (1) car in the parking lot besides the employees. Another benefit would be that they would offer the amenities. They need help, but they don't need a whole 24 hours of assistance. There would be a park in the middle of the housing and an activity area available for them. Thaine Robinson asked if they would be able to go outside or stay inside. Ryan Rasmussen explained that their competition would be Brenchly or Teton View. His vision is to make it look homier. The road would be along the outside with the facility and activity center in the middle, much like a European Park — houses lining the outside with a park in the middle. That would increase the safety for the Seniors. They would try to do something with the walkways — have a cover or heated coils — so that the ice is not an issue. 4 Chairman Dyer asked why the request to change to HDR1. Ryan Rasmussen explained that they are very small units. Under the current zoning, they could fit twenty (24) units, leaving them with a lot of space. With HDR1, they could increase the number of units. They want to be able to fit as many units as they can and still comply with the Ordinance. Chairman Dyer explained that that was done next door at Main Street Station, but it didn't go all the way to the limit. It was more than what they had, but way less than the next step. It was negotiated that if their zone change was granted that they would build exactly what was proposed. Their density was one (1) or two (2) over the line. Kurt Hibbert explained that that had to be developed with the traditional parking ratio, where with assisted living, they will not have that same ration; therefore, they literally will have left over space. Mary Haley asked for clarification if the zone requires a certain amount of parking, but the use requires less. Kurt Hibbert explained that was correct; that under the City's code, assisted living is treated special. They are allowed some special provisions; they don't have to have the one (1) parking stall per resident. It is treated different than a normal apartment building. As Chairman Dyer alluded to, when Main Street Station was built, what limited their ability to increase their density was the parking requirements; they had to pave most of their property. Chairman Dyer asked if they knew what density it would end up as. Ryan Rasmussen replied no. Kurt Hibbert reminded the Commission that along the canal all the way into the block north, they did a band of MDR2 to try to redevelop some of those properties and have a higher density development. There is a strip along the canal and to the north that is MDR2. Chairman Dyer commented that they could explore a zone change and have it be conditional to that particular development going in. Mary Haley expressed concern of only having one (1) access. Randall Porter suggested making a note and visit with staff to see what they recommend. 4. Unfnished/Old Business A. Residential Business District (RBDJ Chairman Dyer reported that Commissioners were to review the RBD document and come prepared to have some discussion and give some input on how that needs to be improved. Unfortunately, a number of members of the Community have jumped to conclusions on this document. We weren't going to recommend it as it originally stood. This is a work in progress. Mary Haley asked what the difference was between this document and the PRO zone. Chairman Dyer explained that in effect, they are very similar, but the PRO zone requires people to go and get the neighborhood organized and come in with specific proposals. The PRO zone could have its own set of standards that would be imposed on that particular neighborhood or in that PRO zone that might be outside of the underlying zone. Kurt Hibbert reported that much of the discussion last time centered on the uses; there was also some discussion that came up on the number of applicants and whether this would be applied in sequential type properties. At it was written, it was required that these type of uses would have to be at least half a block from each other. He read through the Purpose and Objectives in the RBD zone. Mary Haley explained that she would not want this to go in the middle of a block that is strictly residential all the way around it. Chairman Dyer commented that an example of this type of development is on the avenue streets in Salt Lake City, there are a number of homes that have been turned into businesses. From the front it looks like the mansion it was built to be, but around behind is parking and there are professional offices inside. (After reading the purpose and objectives, discussion continued as follows) Chairman Dyer explained that they tried to address something like this in the terms of the Neighborhood Business District, originally, and the thought was particularly around the University, it would be good to have some places of convenience that people could get to without having everybody get in their car and get on the street to North Rexburg to find what they're looking for. That was the idea and the concept. Unfortunately, there were a lot of things in that zoning code and N13D ended up being more than what they wanted, and more obtrusive. The idea was that they needed something softer and less obtrusive but still functional to support the concept of convenience to the surrounding residential areas. Stephen Zollinger explained that from his interpretation of the request to have the RBD zone, they are not looking for neighborhood convenience, but the zone was intended to create transitional neighborhoods where houses were maintained in their configuration but used for professional service providers. This is for businesses to be in residential type structures that would serve the whole community. Examples of businesses would be architects, lawyers, accountants that turn attractive looking homes, left them looking as homes and put their parking out of site, keeping those mansions as mansions. Chairman Dyer commented that the document before them does not read that way. He asked Mr. Erickson in the Council's mind, what they saw this zone being. Council Member Erickson explained that the council has more the idea in mind of only being able to put on here and one there; maintaining the home, servicing everyone in the Community. Stephen Zollinger explained that the inherent problem with what is being discussed — one house, skip a half a block, one house — by its very nature, it spreads throughout the entire City instead of just designated areas. The reason Salt Lake has zoned Residential Business Districts, is because they create entire streets where they allow professional offices to move into homes and take over those homes. People don't want to necessarily raise their family next door to a doctor's office, but they want to maintain the approach to their home in a residential looking neighborhood, so they allow a doctor's office to take over a house or build a new structure as long as it comports to the structural appearances of a house because that doesn't effect their coming and going form their home. Chairman Dyer felt that the Planning & Zoning Commission has always been interested in a way to have professional offices in homes that still look like a home and function like a neighborhood. They've toyed with a lot of different ways through the years. There was even a Professional Office Overlay for a long time. This concept has been around a long time. He felt it was a workable concept in the right area. He wouldn't want a music store next to him in an LDR neighborhood that he paid good money for to have protected land uses. Stephen Zollinger explained that that is the problem with doing it on a house by house basis. It needs to be a zone where they come in and say, or where the Commissioners say, we are going to rezone this half of a block to Residential Business, which means, over the course of the next ten (10) years, if these people want to sell 101 their homes to one of the allowed uses, we will allow their home to transition in its configuration to a professional service provider. That way, there isn't a risk of someone having one next to them unless they're in the position to sell their house to the same type of use. They are used widely as transitional zones into neighborhoods that are going to remain neighborhoods. It also takes away from the developer, the desire to buy up twenty -four (24) houses, raise the entire neighborhood and build a strip mall because he is now competing against an established use as opposed to a residential use that is dying. Ted Hill commented that in the subdivisions that have restrictive covenants against something like this, it could not occur in those subdivisions anyway. Stephen Zollinger added that none of this could occur unless the Planning Commission agreed to rezone it. Randall Porter commented that they need to decide which areas they would like this zone to apply to. Chairman Dyer as Mr. Zollinger has described it, to have a zone that could be made that would allow businesses in residential, looking and maintaining a residential structure. Mary Haley concurred. Thaine Robinson commented that he would rather have groups; in a planned area. Ted Hill was concerned about committing a whole block or half a block to getting one piece of property to the point they want to convert to a professional office. Stephen Zollinger explained that it doesn't have to be changed a half a block at a time, but that you know in advance that a certain area will be susceptible to this, but don't preclude people from asking to be rezoned when they are ready to sell. Allow the growth piece by piece, but not to jump out of nowhere. Chairman Dyer commented that the key is to identify those transitional areas. Council Member Erickson suggested including that in order to have this zone, it must be contiguous to a commercial land use. Stephen Zollinger suggested picking a list of zones that RBD would be allowed to be contiguous to. Suggestions for changes to be made Randall Porter suggested striking the second paragraph where it talks about "shall be small containing one to two parcels and located in surrounding residential areas ". Also, strike most of the next paragraph except for clean buffered parking lots that shall not be located in the front parking lots. Chairman Dyer suggested that in the first paragraph of the RBD document, where ever it talks about the convenience needs, it needs to be scratched. Stephen Zollinger advised the Commissioners to go through sections C, D and E and fill that in appropriately to discuss in the next meeting. He volunteered to amend the rest of the document according to what was discussed. Council Member Erickson commented to the Commissioners that there is no pressure to push this document through to City Council. B. Industrial Design Standards 7 Chairman Dyer commented that he was okay with this. Thaine Robinson reported that the common denominator is that the lots are not large enough for the buildings built. All three of the reviews from the Design Review Meeting is the same issue; the buildings are too big for the lots. Kurt Hibbert added that a lot of it has to do with the Design Standards. When getting to the almost residential size lots, it is very difficult to do that particular layout to accomplish the goal; it becomes very challenging. He commented that maybe they need to treat these smaller lots a little different. Ted Hill asked what the recommendation of the Review Board was. Thaine Robinson reported that they had him go back and do something with the site plan to see if it would fit. He has done that and it doesn't appear to be so. Chairman Dyer commented to Mr. Cook that he may proceed and it will be formalized when there is a quorum. B. Valley River Retail Expansion — Design Standard Review Meeting Thaine Robinson reported that in the expansion, there is definitely a building too big for the lot size, as far as the site plan is concerned. The footings are already poured along the sides. The Review Board spent most of the time on the fagade. The Review Board and Staff made suggestions for the facade to comply with the ordinance, and it won't be a very expensive change. The parking doesn't conform, but because of the foundation being poured, the Board allowed the parking to remain as is. They also asked him to take the driveway and continue through Sonic. Chairman Dyer asked if they can do that. Randall Porter answered that they already had an access through Sonic. Thaine Robinson added that they talked a little about landscaping and having a bench to help with pedestrian traffic. The eyes from the street are on all three sides. Kurt Hibbert explained that they added features to make it pleasing from all directions, including features on the back. Chairman Dyer was concerned that the Commissioners are having to compromise to some degree; that they were being cornered. Kurt Hibbert reassured him that if it had only been the footings that were an issue, he would have probably had to tear the footings up, but there was a completely approved site plan with the entire associated sidewalk, connecting infrastructure, the lots were all constructed at the time of the original building, so there wasn't the flexibility of tearing out improvements that were approved at one point by the Planning & Zoning Commission. B. Archery Thaine Robinson reported that they reviewed the new drawings for the archery building. Kurt Hibbert added that he didn't write that up because it was just a quick review. Chairman Dyer asked for clarification if he re -drew his plans up in accordance with what was discussed from the first Review meeting. 7 (Jumped down to Item 5 and 6, then returned to the Industrial Design Standards) Chairman Dyer explained that the consensus from the last discussion was that the Commission did not want to really implement the Commercial Design Standards to the Industrial zones, but there was concern expressed that the design standards might apply to a corridor. Anywhere that they might have office space to give some presentation and attraction, and anywhere it might be located on a major street — which is pretty limited — would have some sort of Design Standards. Mary Haley commented on the discussion regarding a buffer; what would be nice to see there. Chairman Dyer suggested that either they address the building, or put in the buffer, but not both in the Industrial area. Randall Porter commented that it shouldn't necessarily be required, but Poplar trees are low maintenance when they get older. They have been planted in a lot of areas in Rexburg. Thaine Robinson added that the homes directly across form the Teton Lakes Golf Course; they can't even be seen anymore because they planted Poplars about nine (9) years ago. Commissioners agreed that the Industrial zones need to have Design Standards modified to fit those zones. Mary Haley commented that she doesn't mind a box structure, as long as it has some green space. A warehouse is a warehouse, but how it is hidden from the streetscape is important to consider. Chairman Dyer asked what happens when they are the fifth warehouse back in that complex. Mary Haley commented that if they are on the street, or can be seen from the street, they should have Design Standards apply to them. Commissioners were interested in buffering in the areas of major streets and corridors. Kurt Hibbert will construct Design Standards for the Industrial zones to reflect the commissioners' concepts and will bring it back the following meeting to be discussed. 5. Other A. Aerotech Design — Design Standard Review Minutes Thaine Robinson commented that the design of the building far exceeds any of the things that the Commission wanted to do as far as Design Standards. There were some problems with the site plan, with the building placement and parking. Allan Cook — representing Aerotech Design. He explained that they tried moving the building forward and some of the parking behind, but he would loose up to twelve parking spaces plus, he would have to have an alley way. He re -did the site plans numerous times. With a lot that short, there is not enough room to put the parking in the back. Kurt Hibbert explained that the other issue was that he could be in full conformance with the Ordinance by putting all of the parking behind, but then he would need to rotate his structure, which then turns the less attractive side and the entrance towards the parking lot instead of towards the street. It was the consensus of the Committee that they would like the front of the building facing toward the street rather than the other way. Stephen Zollinger commented that instead of building where they were originally going to, he made a purchase offer on a building outside the City. 6. Enforcement Report Stephen Zollinger explained that the blue tarp house had a notice sent to them that the City was suing them, they in turn immediately responded with their demolition schedule. It should be gone before snow flies. The one on the end of N 4 W, they tore down the house, the old Nielson house, and then their equipment broke down. Before they could make the adjustment, the dump trucks put dirt around all of the structures, so now they can't get to them to tear them down, but it is all scheduled for demolition this fall. The last one was the old fur trader —just east of the chamber of commerce. They have been hauling pickup load after pickup load out into the County. They are trimming the trees. They are going to try to determine whether it can be revitalized for use as a structure. If not, they have given us their commitment to demolish it. Chairman Dyer explained that MK University, sough of R Circle, in the strip mall immediately south of Artic Circle, they started striping out all of the parking spaces that were in the right -of -way, but people are still parking there. There isn't enough parking around there. Stephen Zollinger explained that they will be delivered a notice this week that if they do not eradicate the parking out on the street side, the City will revoke their use; their occupancy. Stephen Zollinger added that the other thing was that we closed out about ten (10) sign permits. All but one (1) of the ten (10) was in compliance and completed. That one would have closed out except that he as built an entire new building and added more signs. D. Review Board Ted Hill asked if changes should be made on having the Review Board review every plan that comes in. Thaine Robinson commented that right now, he didn't know if the volume was big enough, but the volume could be overwhelming. Chairman Dyer felt that it should only go to the Design Review Board if it did not meet Design Review Standards. Kurt Hibbert commented that it can be really hard on a day to day basis to be responsible to tell the developers no, versus having a separate Board that is non staff. They won't argue with the Board. He added that right now, it is not overly cumbersome, but it has the potential to be completely overwhelming. Kurt Hibbert suggested just having one board member representative come in and do a review with staff and the applicant so it is not too demanding of time; take turns, pass the burden a little more. Chairman Dyer agreed with that concept. Meeting adjourned at 11:00pm 10