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HomeMy WebLinkAboutP&Z MINUTES MAY 19, 2011 1 Commissioners Attending; City Staff and Others: Winston Dyer – Chairman Natalie Schneider – Compliance Officer Gil Shirley Thaine Robinson Jake Rasmussen – I.T. Technician Richie Webb Jedd Walker Elaine McFerrin – P&Z Coordinator Scott Ferguson Cory Sorensen Mary Ann Mounts Chairman Dyer opened the meeting at 7:03 pm. He welcomed everyone in attendance. Community Development Director Val Christensen was excused. Roll Call of Planning and Zoning Commissioners: Jedd Walker, Scott Ferguson, Richie Webb, Winston Dyer, Thaine Robinson, Gil Shirley, Mary Ann Mounts, Cory Sorensen Nephi Allen, Dan Hanna, and Marilyn Rasmussen were excused. Minutes: 1. Planning and Zoning meeting - May 5, 2011 Gil Shirley motioned to approve the Planning & Zoning minutes of May 5, 2011. Thaine Robinson seconded the motion. Mary Ann Mounts, Winston Dyer, Scott Ferguson, and Richie Webb abstained for not having been present. None opposed. Motion carried. Public Hearings: Tabled request - Conditional Use Permit (CUP) application tabled at the May 5, 2011 P&Z meeting: Conditional Use Permit – to allow Dormitory style housing -264 Steiner Avenue Mary Ann Mounts motioned to pick the Conditional Use Permit request for 264 Steiner Avenue up off the table. Jedd Walker seconded the motion. None opposed. Motion carried. David Haney, 276 Steiner, son and brother of the applicants. He presented the proposal. They are requesting Dormitory style housing at 264 Steiner Avenue. They want to add this 3rd house to the existing Creekside Cottages Apartments (276 Steiner Avenue and 366 West 3rd South, which have an existing CUP for Dormitory style housing), located right next door. The three homes would share management and parking area. 35 North 1st East Rexburg, ID 83440 Phone: 208.359.3020 Fax: 208.359.3022 www.rexburg.org Planning & Zoning Minutes May 19, 2011 2 The site plan was viewed on the overhead screen. Current zoning for the property is Medium Density Residential 1 (MDR1). Thaine Robinson asked if they had approval for single student housing from the University. Mr Haney said they have University approval. The home would have 8 women students, and there would be a total of 20 women students in the three houses. Richie Webb asked for clarification of the site plan, regarding what was existing and what was new. David Haney pointed out the existing homes and parking, the new parking area and where concrete will be added. Thaine Robinson asked the location of the closest single student housing unit to them. Mr. Haney said that directly across the street on Steiner Avenue, there is men’s housing – it is a duplex with a basement. There are more units going east toward Taco Time. Richie Webb asked about current parking spaces, spaces to be added, and the parking ratios. David Haney said there will be 1 to 1 parking. They will have 22 parking spaces. There would be a total of 20 beds. He is the onsite manager living on the top floor at 276 Steiner. His sister was the manager before him. Gil Shirley asked if the exteriors of the three homes will be changed or remodeled. Mr. Haney said nothing major is planned. The home at 366 West 3rd South is now prepped for painting to be completed this summer, and 264 Steiner Avenue will also be painted. Next summer they hope to replace the roof of this home. An aerial map of the neighborhood was shown. Thaine Robinson said that at one time the University came out with a procedure that there would not be any more family homes turned into dormitory style housing. He asked Phil Packer, BYU-I representative in the audience, if that procedure has been loosened up a little bit. Phil Packer said it is still and continues to be the University’s written policy, that there will be no conversions allowed. This subject home was considered as an exception based on the facts. It is only approved for dormitory style housing if the applicant meets all the criteria for this body. It is tentatively approved if everything is met. It is not meant to be a loosening of the University’s policy, but it has occurred. The Chair asked for clarification. Phil Packer said this request is considered an exception as part of an existing development. In the judgment of some of the University housing officials, it ought to be an exception to the policy. Chairman Dyer said because of the other two parcels that have already been approved and which are under common ownership, the University sees this as an exception. Mr. Packer said that was correct. David Haney said they also started the approval process through the University housing office about five or six years ago with the other two properties, so this is a wrapping up of that process. The Chair said he is not sure that is technically correct, because University approval was subject to the approval of this body, and 264 Steiner Avenue was specifically denied a CUP - therefore such approval was moot, for the record. 3 Scott Ferguson asked for clarification on why this request is considered an exception by the University. Is it because of the other two buildings currently being rented to students? Phil Packer said that is his understanding. He was not involved in the earlier procedure. It was just reported to him that the existing development was a major consideration. The University’s tentative approval of this request should not impact the Commission’s considerations in terms of the public safety and welfare. The Chair said that was a point well taken. Richie Webb asked how long the two homes which have a CUP have been student housing. David Haney said the two homes have been student housing for about five or six years. Mr. Webb asked the ages of the three homes. Mr. Haney said the three homes were built in the 1960’s. Mr. Webb asked why the third property was not converted to student housing the same time as the other two properties. Chairman Dyer said it was denied. He referred to the CUP requests in 2006 and 2007 regarding the properties. Because of the long history and the concerns of the Commission, he asked David Haney to review that history and the concerns, and in particular how this proposal presented tonight differs from the proposal that was denied. David Haney said when they originally were trying to get approval, the plans were for a 1-way driveway, with the entrance to the property on West 3rd South and the exiting between 264 and 276 Steiner, coming out onto Steiner Avenue. That was the main reason for the denial of the CUP in 2006, because of the issue of the increase in traffic on the dead end street, Steiner Avenue. In their current request, that exiting of cars onto Steiner Avenue has been eliminated; all traffic will enter from and exit onto West 3rd South. Chairman Dyer said the existing driveway at 264 Steiner that is shown on the site plan appears to have been substantially enlarged since the Commission last saw it. He presumes at some time that enlargement was done with the City’s permission. David Haney said yes. The Chair said it also appears that they are planning on further extending that drive along the south side of that building. David Haney pointed out the parking area for handicapped accessible vans, between 264 and 276 Steiner. Chairman Dyer said the City has a requirement of only a certain amount of property in hard surface. Natalie Schneider said the applicant is within the hard surface limit with this site plan. There is currently a fence (east to west) between the two properties on Steiner Avenue. All parking is planned to be behind the homes and would not be visible from the street. Chairman Dyer said under this proposal, all three properties will share the parking behind the homes, and all vehicles will exit onto 3rd South. David Haney said that was correct. All parking has been removed from existing driveways. Chairman Dyer asked staff if there was any information to help the Commission to better understand the proposal. Natalie Schneider said the issue tonight is not a zoning issue. The request is for a Conditional Use Permit for dormitory housing. She has reviewed the proposal with Val Christensen. All standard requirements are met. 4 Dormitory housing and married housing in the area were pointed out on the overhead screen map. Chairman Dyer asked how many single family homes there were on Steiner Avenue. There is one home. Natalie Schneider clarified that the width of the parking lot aisle is 24-feet. Staff worked closely with the applicants on the parking lot requirements. The developer is allowed to have 25 percent compact car spaces. There should be no impact to Steiner Avenue, as all cars will exit on to West 3rd South. Thaine Robinson said as the lot is getting so big, how will snow storage be handled? David Haney pointed out the snow storage areas shown on the site plan. They believe the areas will be sufficient. Chairman Dyer explained the procedure that is followed for the public input portion of the hearing. It will be followed by staff evaluation and recommendations, and then the Commission will deliberate in order to come to a decision. Chairman Dyer opened the public input portion of the hearing. In Favor: None Neutral: None Opposed: None Written Input: read by Chairman Dyer Letter from Shirley Calder, opposed to the proposal 5 6 7 Rebuttal: David Haney said he believes that everything they have shown the Commission tonight answers all the concerns expressed in the letter. As far as parking along the street, their plans will actually cut down on traffic on Steiner Avenue by taking away parking in the existing driveway. There should not be any parking on the street. All parking will be in the back.He believes that all of Mrs. Calder’s expressed concerns have been taken care of. Chairman Dyer closed the public input portion and asked for the staff evaluation and recommendations. Natalie Schneider stated the Fire Department staff has suggested another hydrant be added in the northwest corner of Steiner and 3rd South. Public Works concerns have been met. The Community Development staff report addressed site plan issues as far as dumpsters - the applicants have been willing to screen dumpsters although it is not required for this 90 gallon size dumpster, so this is an above and beyond by the applicant. In MDR1, concrete or cement cannot cover more than forty percent of a front yard; the applicant has met this requirement. All parking for the three homes is in back. There is sufficient green space. Snow removal has been addressed; it exceeds the 10 percent minimum that is required. Each property has separate snow storage. The applicant meets the 1 to 1 ratio for parking. Parking has been removed from the driveway, which will help to visually clean up the property. Drainage criterion has been met. Lighting will be low, as in any residential neighborhood. The applicant may also have a motion sensor for the lighting. Mary Ann Mounts asked if there was any parking for visitors. Natalie Schneider said there are two parking spaces for visitors, which meets the requirements. Gil Shirley asked for clarification on the additional fire hydrant that she mentioned. Natalie Schneider said having an additional hydrant installed is a suggestion from the fire department. Cory Sorensen asked if there are entrances from the parking lot in back to each of the apartments or if the residents have to walk around to the front. Natalie Schneider said there is a back entrance for each apartment. Chairman Dyer said the question before the Commission is shall a Conditional Use Permit (CUP) to allow dormitory style housing be issued for 264 Steiner Avenue in conjunction with its plan of being together with two other properties for which there is an existing CUP for dormitory style housing. When Conditional Use Permits are considered, one often hears the expression that it is a right to have a CUP under the zoning. He clarified for the record that a CUP allows the Commission to consider the opportunity of a CUP if it is appropriate and harmonious to the neighborhood, does not create undue impacts, and other concerns. The Commission needs to be careful to not think of a CUP in automatic terms. A CUP requires careful study and deliberation. There is a history with this whole block. The University expansion announcement started it the change. The area was then predominantly single family housing with just a couple apartment complexes to the north. This subject area was one of the first areas that this Commission identified as a place where private sector multi-family housing could be constructed in an effort to meet the demands in relation to the University’s growth announcement, and to try to keep multi-family housing in the private sector rather than in the institutional sector. 8 Quite a transition was made. The area was zoned for multi-family and has been migrating that way. Several families have moved from the neighborhood. It was the lesser evil for the greater good. Lastly, there is quite a history on this issue. There were some very sustained and reasonable objections to allowing 264 Steiner Avenue to have a Conditional Use Permit. That had to do with the fact that Steiner Avenue is way less wide than any other street in town. When there is parking on either side, the street essentially becomes a one way street. The original proposal several years ago was for a circulation of traffic to come out on Steiner Avenue. The Conditional Use Permit was unanimously denied at that time as not being harmonious with the existing character of the neighborhood, street construction being substandard, and introducing a safety hazard as a density on the street increases. The applicants came back and got the CUP for the other two properties. Now the applicants have changed their plan to eliminate the impact to Steiner Ave. They have worked quite closely with City staff in putting together a proposal that meets the standards. It is considered to be an addition to the other two properties. Despite the property’s history, the Chair is personally grateful for the applicants’ efforts of working together and planning properly; he feels this proposal is a good one. Scott Ferguson asked if the Chairman feels tonight’s proposal resolves past concerns sufficiently. Chair said this CUP proposal resolves the issues of the earlier proposal. There may be an operational concern – to make sure that the tenants in fact do park in their designated spaces instead of dashing in and parking in the front. If that starts to happen, there will be difficulties. The Commission could condition that parking not be allowed in the driveway except for guest parking. Mary Ann Mounts thought it might make the neighbors feel better if they knew they could call the City if there were a problem. Thaine Robinson thinks this request is a good proposal. However, his biggest concern is the dormitory style housing, and being this far away from campus, and spreading more and more into residential areas. It was planned to have all single students walk to school. Most of these students will not walk. His concern is that they have hit the neighborhood, and they may keep hitting it over and over. Richie Webb said that Phil Packer stated earlier that this development was an exception because it is part of the development that already exists; Mr. Webb understood that to mean that the University is not intending to approve more homes for dormitory style housing. Mary Ann Mounts said she lives near this area. In the past, she visited her son-in-law who was a single student living across the street from the subject property; it was bad then. People were parking on lawns. She is troubled about adding 8 more people to that street. Thaine Robinson clarified that he was only talking about dormitory style housing and not married housing. Married housing will be in different parts of the community. Dormitory housing should be closer to the University where the PEZ Zone has been planned. Maybe a line should be drawn. Chairman Dyer said there is common ownership of the three subject parcels. Two of the parcels are already developed. Tonight’s proposal would be completing the development. Mr. Robinson said the house directly to the north could be bought and then be made part of the development. 9 Cory Sorensen said he knows the area well. He pointed out dormitory housing in the area on the projected map. He thinks the whole area is becoming student housing, whether it is married or dormitory. Steiner Avenue is not an island. Fifty to sixty percent of students who live in his apartments near Porter Park walk to school. He does not see a problem with having married students and dormitory students. He feels the neighborhood is moving in that direction. He does not see a problem with intermixing the two. Thaine Robinson said with the current stand the University has of not turning homes into dormitory style housing, this proposal probably would not even fly if it was not connected to the other two parcels. Scott Ferguson said a lot of the neighborhood already has gone in that direction. Where to draw the line is a separate discussion. Mary Ann Mounts said one of the reasons the Commission can turn down a CUP request is impact to the character of the neighborhood. She said the argument being made is that the character of the neighborhood is already changed in this direction. She knows of single family owners who live in the area. When is the line going to be drawn? She thinks it is drawn any time a neighborhood is adversely impacted by a proposal. The Chairman said in another sense the line is already drawn. The whole block was zoned to Medium Density Residential 1 at the time the change was made. In a planning and a zoning sense, the Commission was saying this is the type of development that they foresee and encourage for the area. It was a painful and difficult transition from what was clearly a predominantly single family neighborhood at that time. They have watched through the years as it has transitioned now to where almost the reverse is true. It begs the question that if there had been a real concern expressed, that somewhere along the line they may have changed the zoning or arrested the change to protect the neighborhood. It is a two-edged sword. Mary Ann Mounts agreed. If it is multiple family, it is multiple family. The question would be whether it adversely affects the neighborhood. Jedd Walker said he was not a member of the Commission at the time of the subject property’s initial proposal; if the concerns had been addressed in the manner presented tonight, it may have been approved at that time. Maybe that is why the exception was granted. Tonight they have only had one negative comment (written input letter), but it appears all of the letter writer’s concerns have been addressed. If there were other neighbors who were concerned about this proposal altering the character of the neighborhood, why didn’t they show up for tonight’s hearing? Mr. Walker feels all the concerns have been addressed. There is other dormitory style housing close by. He really does not see a problem with this proposal. He does not see it setting precedence. When this proposal was tabled at the last P&Z meeting, before its being tabled, the Commission asked if anyone present wanted to give comment on the request. No one had stepped forward. The past history of the property was discussed. The three parcels came in as a proposal. 264 Steiner was denied. The other two parcels came back and were granted a CUP for dormitory housing, in that they were able to access 3rd South directly. If the property is taken as part of the whole it is one thing. It could be different if were on its own. Gil Shirley agrees with Mr. Walker. He feels the proposal is good; concerns have been addressed. The plan cleans up the area and takes all the traffic off of Steiner Avenue. 10 The proposed conditions in the Community Development Department staff report were discussed, along with proposed conditions the Commission wanted to add. Jedd Walker motioned to recommend approval to City Council to grant a Conditional Use Permit to allow Dormitory style housing for the property located at 264 Steiner Avenue, to include the three proposed conditions stated in the Community Development Department staff report, and adding two conditions - #4: There shall be a fire hydrant added in the northwest corner of Steiner Avenue and 3rd South; and # 5: Resident contracts will reflect that only guest parking shall be allowed in the driveways to the garages. Scott Ferguson seconded the motion. Those in Favor Those Opposed Jedd Walker Thaine Robinson Winston Dyer Cory Sorensen Scott Ferguson Mary Ann Mounts Gil Shirley Richie Webb Motion carried. #11 00084 Conditional Use Permit - David Haney Proposed Conditions of Approval 1. A site plan reflecting all conditions of approval and incorporating all City standards, e.g. landscaping, parking, snow storage, drainage, etc. shall be submitted and approved by the City prior to the issuance of a building permit. 2. Lighting shall be low (under 15-feet in height) and not create glare, and as a minimum shall adhere to the City’s lighting ordinance. 3. All properties adjacent to the parking lot must be buffered with a landscape buffer meeting the requirements of the Development Code, or by a suitable fence. 4. There shall be a fire hydrant added in the northwest corner of Steiner Avenue and 3rd South. 5. Resident contracts will reflect that only guest parking shall be allowed in the driveways to the garages. Unfinished/Old Business: 1. Discussion – Other Bridge Crossings over the Teton River within Rexburg – deferred New Business: None Non controversial Items Added to the Agenda: Ryan Ballard, 517 Countryside Ave. He was not scheduled on the agenda but needed clarification regarding a snow shack location. Natalie Schneider said she spoke to Mr. Ballard earlier. They have discussed the issue several times. She said they have Sno-Shacks popping up throughout Rexburg. There is a Vendor’s ordinance (No. 1029) that was completed last year which states rules and regulations, and location restrictions. The Sno-Shack located in the junior high parking lot on West Main had to move twenty feet back to meet safety requirements, because of customer lines that form in front of the business. 11 The Fire department denied Mr. Ballard’s proposed location on the Craigo’s parking lot. There is no room. Craigo’s parking lot is used by the satellite business next door. The Hoagie Yogi location, also a requested vendor area, has no parking, so the location has been declined for a temporary vendor. Mrs. Schneider stated it is now staff procedure that a temporary vendor submit a site plan to the City first for staff review and approval of setbacks, safety standards, etc. The site plan must be approved before a business is set up. She said if Mr. Ballard has other locations in mind or if he needs clarification on the ordinance, she would be glad to assist him. Mr. Ballard said he was not clear on where to find the specified ordinance and the procedure of picking a different location. It was suggested he work with staff regarding the procedure. Natalie Schneider will supply Ryan Ballard with the Vendor Ordinance and will help him with the procedure. Break was called. Scott Ferguson was excused from the meeting. Compliance: Natalie Schneider reported on a Call for Service police report document filed by Corinne Barker regarding blasting of property, at about East 3rd South and South 2nd East near her home. Mrs. Barker specifically requested that the P&Z Commission be informed of the incident. Mrs. Schneider read the report to the Commission. It was stated that neither Mrs. Barker nor her neighbors were informed that there was going to be blasting. Mrs. Barker would like everyone to be made aware of the dates and times of any future blasting. Mrs. Schneider has followed up on this issue. Eagle Rock Blasting did do blasting without the City being aware of it or the company having approval to do so. Documents had not been turned in to the City. She has a meeting tomorrow with the contractor who is in charge of Eagle Rock Blasting to go over these particular issues so the problem does not occur in the future. Chairman Dyer said it is a very serious matter. He believes the ordinance provides some incentive for the company’s learning the proper procedure. Mrs. Schneider said this report just came in late this afternoon. She will inform the City Attorney of the occurrence. Natalie Schneider gave a heads up regarding trying to clean up zoning in the area of Walter’s Ready Mix .The location was viewed on the overhead screen. A dirt parking lot area was pointed out. Currently zoning is split right through the middle of a few of the properties because it follows along the canal – half heavy industrial and half low density on some parcels. Property owners are being contacted and asked their opinions on what zoning they prefer to have and follow regulations for: industrial or residential. The parking lot area is considered to be a presently existing non-conforming use. The zoning on the map could possibly be squared up and evened out. She asked the Commission for any suggestions. The Commission suggested that the property owners be invited to come forward with a proposal, and the Commission will look at the neighborhood impacts, the changing character of the neighborhood, etc. 12 Teriyaki Express: The owner Perry Shumway has been given a letter from the City stating that he has until June 1st to move into the former Hoagie Yogi building. He must remove the camper from the property, or the City will tow the camper off the property. He had submitted a plan of action to the City late last fall, stating how he was remodeling the building and was going to be in the building and in operation by a certain date. He is partly moved into the building but is still cooking out of the camper. A stove hood did not meet inspection code requirements and had to be reordered. Mr. Shumway was issued a temporary license to use the trailer, but there was no time limit specified. He was to be moved into the building within a few weeks. It has not happened. Precision Collision: Owner Steve Clark of Precision Collision has rented out his property near Steiner Elevator to a cookie delivery business and has been slowly moving his Precision Collision business from that lot to the old Grease Monkey location on South 2nd West. The City had been unaware of this issue. The property had been used to work on cars inside, within the bays. The area behind the old Grease Monkey building now has 4 long flatbed trailers with wrecked vehicles on it – such a use (wrecking yard or salvage) is not allowed in the zone (Community Business Center - CBC). Mrs. Schneider has informed the owner. The Chair reiterated it is not an allowable use in the zone. South Yellowstone pawnshop: Natalie Schneider and Fire Department Inspector Dale Pickering did an inspection of the property. Pictures were taken. She spoke with the owner today. She explained to him that everything between the building and the road has to be removed immediately because the items are in the City right of way. He needs to move the items in off the sidewalk at least 10 feet per the CBC setback requirements. The area was pointed out on the overhead map. All flammable items are to be removed per recommendation from the Fire Department Inspector. Inside the building, the fire extinguishers will be serviced. Aisles have to meet fire code, of 36 inches in width. The aisles also must be safe for passage, so that items cannot topple down on a customer. The address has to be put on the building, which is a requirement, for emergency response. She stressed to the owner that it is to his benefit to clean up the property; it is a liability. The Chair said to kindly remind the owner of the numerous complaints that have been received and that there is P&Z Commission concern about the property. Mary Ann Mounts said she has been asked by visitors what the metal stars are that are on the exterior of numerous houses. It was said that the stars are just for decoration. Natalie Schneider said that she and Community Development Intern Mario Puente will be going out tomorrow morning to pick up temporary signs and banners all around town. Chairman Dyer mentioned the former Electric Wholesale property on North 2nd East and the Bell sign. Mrs. Schneider said the matter is being taken care of. Chairman Dyer mentioned the Subway temporary banner. Mrs. Schneider has spoken to the business owner Ron Campbell about the time limit of 60 days for temporary banners, per City ordinance. 13 McDonald’s temporary banner - the owner submitted a temporary sign permit application for 30 days. Diamond Store on North 2nd East - the owner has not been using the frames, but will do so. They now have a temporary sign permit for their banner. Thaine Robinson said a lot of the student housing units leave banners up all year long. Natalie Schneider said Rexburg Housing and Colonial House are really good about completing new temporary sign applications and replacing their banners. Chairman Dyer said it would be a good time to remind student housing complexes that there are time limitations. Maybe they could take down the banners for the summer and reapply come September, to aid them for their busiest time. Mrs. Schneider said construction signs are allowed to be up the entire time of a project’s construction, as long as there is no obstruction of vision. They can show what is coming to the location. After the completion of the project, the ordinance states there are 30 days to remove such a sign. Realtors can have signs on the property that is for sale. Gil Shirley asked for a progress update for the DJ Barney property. Natalie Schneider said things are progressing well. Mr. Barney had moved a lot of items. A fence will be put in – concrete legos – between his property and the trailer park. The Commission thanked Natalie Schneider for all of the information and for all of her work in helping to make and keep this community attractive. Report on Projects: None Tabled Requests: See under Public Hearings Building Permit Application Report: None Heads Up: The Commission discussed cancelling the June 2, 2011 P&Z meeting, as there are no agenda items. A possible drive-around to different sites was suggested. The Chair will speak further with Val Christensen next week. An email will be sent to the Commission addressing what has been decided. The meeting was adjourned at 9:05 pm.