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HomeMy WebLinkAboutP&Z MINUTES APRIL 19, 2012 1 Commissioners Attending; City Staff and Others: Winston Dyer – Chairman Mayor Richard Woodland Dan Hanna Thaine Robinson Bruce Sutherland – City Council Liaison Gil Shirley Jedd Walker Val Christensen – Community Development Director Richie Webb Nephi Allen Craig Rindlisbacher – GIS Coordinator Marilyn Rasmussen Cory Sorensen Stephen Zollinger – City Attorney Scott Ferguson Scott Johnson – Economic Development Director Keith Davidson – Assistant City Engineer Craig Fisher – Community Development Intern Elaine McFerrin – P&Z Coordinator 6:00 pm – Joint City Council and Planning& Zoning Commission - Planning meeting Attending: Mayor Richard Woodland; City Council: Chris Mann, Donna Benfield, Bruce Sutherland, Jerry Merrill, Sally Smith; Planning & Zoning Commission: Winston Dyer, Thaine Robinson, Gil Shirley, Marilyn Rasmussen, Scott Ferguson, Richie Webb, Dan Hanna, Cory Sorensen; Staff: Val Christensen, Keith Davidson, Scott Johnson, Craig Rindlisbacher, Elaine McFerrin, intern Craig Fisher; BYU-I:Phil Packer Assistant City Engineer Keith Davidson presented an overhead PowerPoint presentation entitled “Transportation Infrastructure –Preparing for 2030 and Beyond”. Two challenges were looked at for this issue – maintenance cost, and providing transportation capacity on the current system looking forward to an increase in population. We are looking at different options and are not getting into specifics. He encouraged any questions and discussion on transportation. 1. Maintenance cost –What is it going to cost to maintain the infrastructure that the City has?. A 30 year street pavement replacement cost was calculated. The cost is about $47.00 per square yard. There is a shortfall on existing streets of about $900,000.00 per year with the current budget. This is a large concern now and for the future. As the City grows outwardly with more subdivisions, there are additional roads that have to be maintained. Funding sources were reviewed. How can we maintain streets and get additional funding? 35 North 1st East Rexburg, ID 83440 Phone: 208.359.3020 Fax: 208.359.3022 www.rexburg.org Planning & Zoning Minutes April 19, 2012 2 3 4 Cory Sorensen said infill was an answer to saving costs by using existing infrastructure and using the streets that we have. Chris Mann said statewide, state gas taxes are lagging way behind. We need to work with the legislators to let them know how important it is that we get funding from the state for our streets. Scott Ferguson wondered how long the City can go on with the stated shortfall. Bruce Sutherland said the City has had a shortfall for the last 20 years. One of the biggest problems the City has is the way our hands are tied so tightly by state government by the way they dictate what we can and cannot do as far as raising revenues in order to take care of this issue. Winston Dyer said basically if the City cannot keep up, costs are doubled. 5 Keith Davidson said the City has streets that are not on this year’s budget to fix that have blown through and need to be fixed. 4th West is an example; the street is coming apart. . Bruce Sutherland said there are about three to four million dollars worth of roads that should be fixed right now. He said hats off to the engineering and street departments because they have been bandaiding and patching and have done a tremendous job with the money they have. Keith Davidson said generally they look at the higher volume streets because those have the most impact. It is a lot less expensive to do the maintenance than to have to come in and rebuild. Donna Benfield said in the year 2000, the first year she was on City Council, three or four hundred thousand dollars were being spent for streets. We have come a long way. Keith Davidson said how do we manage the growth? The more we expand and stretch our infrastructure, the greater the maintenance costs. The more we can densify and keep our infrastructure closer, the better off we are long-term. The Mayor said when a new street is built, extra conduit is sometimes being put in for future use. He praised the City’s engineers and street department for their work. Chris Mann said we have to try not to rely so much on public streets; we have to also look at alternatives to move the people around – public transportation, safe routes to school, bicycles, walking. 2. Providing Transportation Capacity for Increase in Population – Widen streets, build complete streets that are unique and respond to community needs, and look at transit systems (bus routes). Traffic counts are being looked at. Average daily total (ADT) of vehicles per day near Walmart on 2nd East is 21,000 vehicles. Engineering is working with the Police Department on multiple day counts for different streets to evaluate capacity. Bus routes are also being looked at. Keith Davidson said there is currently a Housing and Urban Development (HUD) Grant. An engineering recommendation would be to do a transportation plan of Rexburg with the help of these funds. Madison County did a transportation study in 2004. Scott Johnson said everything being discussed really affects the other parts of their planning for the future. There needs to be a discussion collectively on a lot of these planning issues. Val Christensen said a good example is BYU-I. They have taken the same infrastructure that they had with about two-thirds of the students; they really have not increased that infrastructure, but they have been economical – more densification. They have been able to cut their costs. 6 Rexburg has the ability to take advantage of the infrastructure that is already in place. We can densify, and this will bring costs down. There was discussion of when to have the next joint planning meeting. The joint meeting will be Wednesday, May 16th at 6:00 pm, before the regular City Council meeting. 7:00 pm – Planning & Zoning Meeting Chairman Dyer opened the meeting at 7:07 pm and welcomed everyone. Roll Call of Planning and Zoning Commissioners: Gil Shirley, Scott Ferguson, Cory Sorensen, Jedd Walker, Dan Hanna, Winston Dyer, Thaine Robinson, Richie Webb, Nephi Allen, Marilyn Rasmussen Mary Ann Mounts was excused. Minutes: 1. Planning and Zoning meeting - April 5, 2012 Correction: Page 6 – Clarify comment – “Chairman Dyer said the wrapped Sonic Sign is in tatters, along with several other temporary signs on 2nd East.” Dan Hanna motioned to approve the Planning & Zoning minutes of April 5, 2011 as amended. Nephi Allen seconded the motion. Richie Webb, Gil Shirley, and Jedd Walker abstained for not having been present. None opposed. Motion carried. Public Hearings: 7:05 pm - Rezone - 51 South 1st East – Central Business District (CBD) and Medium Density Residential 1 (MDR1) to Mixed Use 2 (MU2) Chairman Dyer explained the process that is followed for public hearing. The applicant or representative will present the proposal. The Commission may ask questions of the applicant and staff for clarification of the proposal. The public would also be given the opportunity to ask questions in order for them to better understand what is being presented. Public testimony will be taken; the Commission cannot interact with the public during this time. Staff evaluation will be given. The Commission will then deliberate and come to a decision on the proposal. The Commission is a recommending body to the City Council. The P&Z decisions are appealable to the City Council. Ryan Lerwill, 1216 Stocks Ave. He is representing the applicant, who is based in Colorado and could not attend the meeting tonight. He presented the proposal and pointed out the property on the map, the Pinnacle building location. The structure is a main concern. After discussion with City staff, the best rezone request was found to be to ask for MU2. It is for the purpose of 7 redevelopment. They understand this to be the ideal that the P&Z Commission sees for this area. The property is also in the Pedestrian Emphasis Zone 1(PEZ1) overlay. Chairman Dyer clarified that this rezone proposal has been extended per City request to extend to the entire southwest quarter block. Val Christensen said that was correct. Half of the existing structure is in CBD and half is in MDR1. This rezone request for MU2 is in conformity with the Comprehensive Plan land use designation of Downtown Commercial/Mixed Use. The Chairman noted that the rezone application has some changes on it initialed by the P&Z Coordinator. He clarified that this request is to change the zoning from Central Business District and Medium Density Residential 1 to Mixed Use 2. Mr. Lerwill said that was correct. The Chairman said the rezone was properly advertised for the quarter block. Chairman Dyer asked if those in the audience had any questions to clarify their understanding of this proposal. There were no questions from the audience. The Chair asked if staff had any other information to help the Commission understand the proposal. Val Christensen clarified that some of the subject parcels to the south of the Pinnacle building are currently zoned residential, which does not meet the Comprehensive Plan land use designation of Downtown Commercial/Mixed Use. Staff felt this request for Mixed Use 2 zoning best ties everything together and was the best direction in which to go. Staff did not want a spot zone. Scott Ferguson asked how many residences are included in the rezone proposal. It was clarified there are 5 residential properties to the south; the Autumn Arbor property to the east is not included. The rezone request is for the southwest quarter block. Chairman Dyer opened the public input portion of the hearing. In Favor: None Neutral: None Opposed: None Written Input: None Chairman Dyer closed the public input portion and asked for the staff evaluation and recommendations. Val Christensen stated the subject property is approximately 2.5 acres. The Comprehensive Plan land use designation is Downtown Commercial/Mixed Use. This rezone would create Mixed Use 2 zoning for the quarter block and would allow the applicant to come forward in the future if they wish with a Conditional Use Permit request to possibly have less commercial for a mixed use project. The City Engineer felt the infrastructure is adequate for such a project. The potential density could be up to 30 units per acre. 8 Richie Webb recused himself due to direct conflict of interest. Chairman Dyer clarified that the question before the Commission is shall this subject property be changed from Central Business District and Medium Density Residential 1 zoning to Mixed Use 2 zoning. This is a land use decision. Jedd Walker feels this proposal is in line with all previous discussions of the area regarding density and the Comprehensive Plan. It is a great location for denser development. Thaine Robinson said the subject property falls well within the PEZ overlay. The Chair reiterated that the rezone request is a land use decision. Development proposals would come later. Marilyn Rasmussen felt this land use request is a good cleanup of the area. Scott Ferguson motioned to recommend to City Council approval of a zone change from Central Business District and Medium Density Residential 1 to Mixed Use 2 for the property located at 51 South 1st including the entire quarter block (“Lot 3 of Block 37 of the Original Rexburg Townsite, Madison County, Idaho”). Dan Hanna seconded the motion. None opposed. Motion carried. Richie Webb rejoined the Commission on the dais. Unfinished/Old Business: 1. Rezone - Approximately 328 North 2nd West - Light Industrial (LI) to High Density Residential 2 (HDR2) – At the March 15, 2012 P&Z meeting, the P&Z Commission sent the rezone request to City Council with a recommendation for denial. At the March 21, 2012 City Council meeting: “City Attorney Zollinger recommended the Council either act upon the request, or table it and send it back to Planning and Zoning to consider lowering the density. Council Member Sutherland moved to table the rezone at approximately 328 N. 2nd West - Light Industrial (LI) to High Density Residential 2 (HDR2) and send it back to Planning and Zoning for reconsideration as discussed; Council Member Merrill seconded the motion.” Motion carried unanimous. Chairman Dyer introduced the issue. The City Council tabled the rezone request in order for it to come back before the Commission tonight for consideration of a lower density zone. This is not a public hearing tonight, but the Commission would like input from those in attendance because this is a sensitive matter for the neighborhood. He asked City Attorney Stephen Zollinger to summarize what occurred at the March 21st City Council meeting. Stephen Zollinger said at the City Council, several residents in the subject neighborhood voiced that the rezone request was too great of a density for this type of a neighborhood. David Beck at that time introduced some new information with respect to the Walter pond - it is anticipated that the Walters business will discontinue mining in that location in 2 to 5 years. The City Council felt this was significant information and wanted additional 9 deliberation by the Commission about the possibility of the applicant requesting a lower density zone. The City Council has tabled the rezone request. The Commission would need to deliberate and send a recommendation to City Council of a lower density zone if they see it as appropriate. The Chair added that the applicant did not feel he had the opportunity to discuss a lower density at the time of the public hearing held before the Commission on March 15, 2012. The City Council has structured that opportunity. David Beck, 2860 W. 5200 S. He appreciates the opportunity to come before the Commission tonight. He and his wife are the applicants/owners of the subject property. Their intent is to develop the property, which is currently zoned Light Industrial. With the property’s close proximity to campus, they felt residential development would be appropriate here. They originally presented a request to change to HDR2. After further review, they recognize that in this particular area, HDR2 zoning of the subject property would not be the best zoning. They are therefore requesting consideration of a rezone to Medium Density Residential 2 (MDR 2). Mr. Beck personally spoke David Walters, owner of Walters Ready Mix to the north, and asked him if he would have a problem with residential apartments in this area. Mr. Walters told him his aggregate resource there is nearly exhausted; he does not have a problem with residential at this location and eventually intends to develop his property into a park-like setting. Chairman Dyer said for the benefit of those in attendance, MDR2 zoning allows up to 20 units per acre. The 2.25 acres at this location would allow up to 45 apartments. Gil Shirley asked the units per acre allowed in HDR2 zoning. Val Christensen stated that HDR2 zoning would have allowed up to 42 units per acre. David Beck understands that they will need to meet setbacks, easements, right-of-ways, parking and other requirements. They are planning on a maximum of 45 units and are in the beginning planning phases. He is a general contractor. Currently the property is Light Industrial and has no curb and gutter; buildings could be up to 55 feet high. They are trying to understand what direction the City would like to go on this property. There is a church in Light Industrial to the south. There is a trailer home area across the street with fairly high density. He realizes the intent was to keep the Light Industrial, but with Dave Walters possibly leaving or turning his property into a park-like setting, is this a transition zone or does it make the transition. Chairman Dyer said the Commission will take Mr. Beck’s comments as his input for the Commission to consider during their discussion of how the area may potentially be viewed. The Chair asked the audience if they had questions of the applicant regarding the proposed request. RonaLee Flansburg asked if the proposal has changed or if just the zoning request has changed. Is something different being planned? Chairman Dyer said the applicant is asking for a different zoning because the question before them is a land use question– what will be allowed there – rather than being about a project. What the ultimate potential is of the rezone request is looked at. It is a land use rather than a development decision. 10 Scott Ferguson felt it might be beneficial to clarify for the public what is allowable in a Light Industrial zone. Gil Shirley asked about height restriction differences. Val Christensen briefly read over the many permitted and conditional uses under Light Industrial in the Development Code. Cory Sorensen said building height in MDR2 is a maximum of 30 feet and a maximum of 55 feet in Light Industrial. The original HDR2 request would allow buildings of up to 55 feet. A man in the audience asked if a housing development can be done in Light Industrial zoning. Val Christensen stated multifamily housing is not an allowed use in Light Industrial. Accessory buildings may be allowed. Marilyn Rasmussen asked David Beck if he presented the 45 unit apartment amount to City Council. David Beck said numbers were not discussed; the request was tabled. Chairman Dyer said the Commission needs to discuss if they may have a recommendation to City Council. They need to look at the issues of appropriate amount of density and appropriate location for multiple family altogether. It was not as much a question of density in the P &Z Commission hearing meeting for this rezone request but more a question of if the land use would be appropriate. The Comprehensive Plan map was viewed. The subject land has a Moderate-High Density Residential land use designation. There is Light Industrial to the south, open space to the north, and to the east more Moderate-High Residential. There was discussion in the past on infill; it was envisioned to be closer in to campus rather than outward. Thaine Robinson felt infill is closer to the center of the City, but at the same time without encroaching on the impact area - as long as it is in City limits. It falls to what is appropriate and if it fits on the piece of property. The first time this request was before the Commission, he was looking at it from this point of view – as not being appropriate to be at this location; but he also is encouraged to hear that the Walters business may be giving up some of their land on the north side, which is heavy industrial. The City owns property to the south for right-of-way and to the east where heavy equipment is stored. That would be his only real concern – a residential area next to all that equipment moving back and forth. He is encouraged with the lower density possibility. Scott Ferguson wondered if any vacant property that is already within the City infrastructure is good for infill. Jedd Walker said when talking about infill the Commission needs to be cognizant that the PEZ overlay is infill for single students – that is predominantly what the Commission has seen. Because of economics, they would not likely see a married student housing development in the PEZ. He feels the subject location is a great place for family housing and not infill for single student housing. They are two separate issues. Thaine Robinson agreed, but the Commission also has to look at each individual situation to see what is next to a property, to see if it fits in with the community. 11 Cory Sorensen agreed that this is the only hesitation he has, although he feels MDR2 is a better fit than what was previously proposed. The whole area would be a great site for a housing development if the City could find another place for their gravel yard. Dan Hanna said he was involved with the Comprehensive Plan and the consultants several years ago. The long term direction for growth of the City was to have this area as Moderate-High Density Residential on the Comprehensive Plan map. Scott Ferguson expressed that maybe this is the time to do such a change. The Chair asked how those in the audience felt about the lower density being proposed. RonaLee Flansburg said her parents live at 311 North 2nd West. She also spoke with David Walters. It is true that he is planning to discontinue the gravel pit; however the ready mix plant, which is their concern about traffic, will remain in place, and Tri State Tire has no plans to discontinue their operation. If that is the concern that all of a sudden there will not be a gravel pit operation, there still are the concerns that will still be there. Jarom Hepworth is quite concerned about a number of families and young children being close to his tire business. He has made a life-time investment there as far as equipment and buildings. It is an industrial area dealing with mainly truck tires. He does not plan on discontinuing his business. They have hired a number of people. The business makes a bit of a dent in the economy of Rexburg. He is concerned with especially children in the area. If the rezone request is to medium density, it is still quite a few apartments that could generate lots of children. Terry Hepworth, 275 North 2nd West. She is saying no to the MDR2 zoning. It is too much, too many people. There are a lot of trucks and a lot of City traffic, and lots of skating traffic, and Eagle Park and nature park traffic. It is enough. She feels that particular piece of ground should be bought by the City. She would not mind seeing more gravel there. She is used to it and likes living on the edge of town. She would like to leave it as industrial. Karlee Hokanson said she lives to the west of the subject property. There is currently a lot of traffic. There are big trucks that come to unload tires, UPS trucks, and other traffic. She does not know if the extra amount of people could live here. Her home is next to the canal. There are moose and other animals in the area. It is not a place for families. Chairman Dyer asked if Mr. Beck had any comments. David Beck appreciates the concerns. He does not want to diminish the concerns of the neighbors. His position is as a business owner and a developer, and he is willing to build something at this location. Currently the zoning allows him to build other businesses such as meat processing, that are not conducive to the area or the City’s long term goals. He recognizes the children concern, but there is a swimming pool close by, a potential park to the north, and a park to the northeast. They could go in the direction of industrial, but is that what the City wants? The Becks bought the property with the understanding of the City’s Comprehensive Plan moving in the direction of residential. They recognize it does not mean it is going to be that way. They also recognize there will be some traffic issues. If they did an industrial-type development, there would be a different type of additional traffic. With the current Light Industrial zoning, they could put up a six-foot high chain link fence with very little setback and no curb and gutter. 12 Dan Hanna asked specifically why the Becks bought the property. David Beck said they bought the property for long-term investment. There is a need for married student housing. They felt this would be an appropriate use for this location, as it is in line with the Comprehensive Plan. Scott Ferguson felt residential use is appropriate for the location in the long term. Richie Webb said many years ago, it was decided to put Light Industrial in this location, which is three blocks from Main Street. As this community grows, he does not think this makes a whole lot of sense. Today, residential here may have other uses nearby that are not entirely compatible, but the Commission has to look to the future. This is a great opportunity for infill and a smart place for this transition, although it would change the community. Gil Shirley does not like seeing the property stay Light Industrial. This request might be a good use. Jedd Walker thought this request would be an improvement for the area, even in the short term, as well as the long term. Dan Hanna motioned to recommend to City Council to consider granting the zone change from Light Industrial to Medium Density Residential 2 (instead of the originally requested HDR2) for the property located at approximately 328 North 2nd West. Jedd Walker seconded the motion. The motion was discussed, including the possibility of a sunset clause. A sunset clause was not added to the motion. Chairman Dyer asked if it was the time for this change. Jedd Walker felt it was time. Those in Favor: Those Opposed: Dan Hanna Winston Dyer Jedd Walker Thaine Robinson Richie Webb Nephi Allen Marilyn Rasmussen Scott Ferguson Gil Shirley Cory Sorensen Motion carried. The City Council can now pick up this rezone request off the table to proceed. Break was called. New Business: 1. Dormitory-style housing – Rachel Whoolery - 141 & 133 East 2nd South Val Christensen introduced the issue. University policy will not allow new dormitory housing use to be constructed in existing homes. They have this policy to try to support the City in the infill/redevelopment effort around campus and especially the PEZ overlay. Rachel Whoolery is trying to put together a project. She approached the University about needing some time to move forward with her development plans for two homes; she asked the University to give her a deadline. The University would like the blessing of the City on this issue. Therefore, she is here before the Commission tonight. 13 Stephen Zollinger clarified that because the University would not normally allow the home that is not dormitory style housing to be converted to dormitory style housing, Rachel Whoolery is asking that there be a fixed time (sunset clause) for her to move forward with the project. The University is not willing to bend their policy unless the City gives their blessing on this issue. She is asking to have dormitory style use for short term in a home in which the University would not otherwise allow it , in order to be given a limited time to move forward with her density project. There was clarification that this is not a conditional use permit that is being addressed. Rachel Whoolery, 2169 Ferris Lane. Her goal is to have 263 women students in a project on the four properties that were pointed out on the overhead screen. The two subject properties are 141 and 133 East 2nd South, which she is purchasing. They are the last family homes on this block of 2nd South. She has permission from the owners to come before the Commission regarding asking for dormitory style housing approval. She is planning to have one to one ratio of parking. The plan is to tear down the homes and densify somewhere between July 2012 and up to 3 years. Her project would bring all the specified properties in line. She would be improving the properties. She read a letter from University housing regarding her redevelopment plans. Chairman Dyer asked for clarification of the question Rachel Whoolery is posing to the Commission. Rachel Whoolery stated she would like Commission approval for three years to have 10 students in 133 East 2nd South and 12 students in 141 East 2nd South, subject to being given a timeline of 3 years to move forward with her densifying project, or the properties would revert back to their present use. Val Christensen clarified that this project would still be subject to all building inspections, and all requirements. Stephen Zollinger clarified the Commission would be giving Rachel Whoolery their blessing so that the University knows the City is alright with such a use, subject to staff approval and subject to a time limit. Dan Hanna motioned to approve Rachel Whoolery’s request for dormitory-style use for 10 students at 133 East 2nd South and 12 students at 141 East 2nd South, subject to site plan approval and building inspection approval from City staff, and not to exceed a period of 36 months (time period beginning July 2012 - to July 2015) to begin on this project. Scott Ferguson seconded the motion. The Chair asked Phil Packer to comment. Phil Packer felt this was an appropriate motion from the University’s perspective. The University and the City have common goals. None opposed. Motion carried. Compliance: None 14 Non controversial Items Added to the Agenda: 1. Hemming Village building - planned for the corner of 1st South and 2nd West (old location of DL Cleaners) - Richie Webb Richie Webb, 680 Wheatland Drive, wanted to update the Commission on the progress of Hemming Village and the new building that is planned for the specified location. Hemming Properties made the commitment to continually update the City when a new structure is planned. He presented a slide show of Hemming Village progress, showing the master plan and the retail and residential developments. He gave a brief history of what has been accomplished. Willow Apartments are now being constructed. The subject corner location for the new building will have a 7500 square foot building to house Deseret Book. It will be a 1-story building, with 8 foot wide sidewalks. The distribution center will also be at this location. The store should open by October of this year. Renderings of the exterior were shown. A trellis to break up the wall was discussed. Richie Webb will further explore this issue with the project architects. The Chairman asked if the Commission needs to give their approval for the project determining whether it coincided with the original intent of the Hemming PRO (Project Redevelopment Option) Zone. Val Christensen saw this as the procedure. Stephen Zollinger said this presentation to the City is purely a courtesy. The issue was presented to City Council last night. The Hemming owners are required to inform the City of each new element. There is no other approval process involved. The Building Department oversees project approval. Richie Webb stated his understanding is in agreement with Stephen Zollinger. He would hope that the City has seen what they are trying to do. Dan Hanna motioned to acknowledge receipt of the Hemming presentation and the consensus that the planned new building for the corner of 1st South and 2nd West is consistent with the intent of the Hemming PRO Zone. Gil Shirley seconded the motion. Richie Webb abstained from this vote. None opposed. Motion carried. The Commission thanked Richie Webb. The City is excited about the progress of the Hemming PRO Zone. Report on Projects: None Tabled Requests: None Building Permit Application Report: None Heads Up: May 3 – Conditional Use Permit – Adams Elementary School Conditional Use Permit – Madison Middle School Development Code Ordinance Amendment – Home Occupations Rezone – RR1 to MDR2 – South 5th West The meeting was adjourned at 9:50 pm.