Loading...
HomeMy WebLinkAboutP&Z MINUTES APRIL 18, 2013 1 Commissioners Attending; City Staff and Others: Winston Dyer – Chairman Bruce Sutherland – City Council Liaison Dan Hanna Thaine Robinson Val Christensen- Community Development Director Jedd Walker Gil Shirley Stephen Zollinger – City Attorney Richie Webb Mark Rudd John Millar - Public Works Director Scott Ferguson Cory Sorensen Bret Stoddard – Electrical Inspector W.C.Porter Darrik Farmer- Community Development Intern Elaine McFerrin – P&Z Coordinator Chairman Winston Dyer opened the meeting at 7:01 pm. He welcomed everyone in attendance. Roll Call of Planning and Zoning Commissioners: Gil Shirley, Mark Rudd, Scott Ferguson, W.C. Porter, Cory Sorensen, Winston Dyer, Thaine Robinson, Richie Webb, Dan Hanna, Jedd Walker Mary Ann Mounts was excused. Minutes: Planning and Zoning meeting - March 21, 2013 Dan Hanna motioned to approve the Planning & Zoning minutes of March 21, 2013. Cory Sorensen seconded the motion. W.C. Porter and Richie Webb abstained for having not been present. None opposed. Motion carried. Public Hearings: 1. 7:05 pm - Rezone – Approximately 278 North 2nd West – Light Industrial (LI) to Medium Density Residential 2 (MDR2) Chairman Dyer explained the procedure that is followed for public hearing. The applicant or a representative will present the proposal. The Commissioners and audience members may ask clarifying questions about the proposal. Public input will be taken from those in favor, neutral, and those opposed to the proposal. Please state your name, address, and affiliation with the proposal. Staff evaluation and recommendations will be given, followed by deliberation of the Commission. The Commission is an advisory body to the City Council. The decision tonight would be a recommendation to the City Council. Stephen Zollinger, Rexburg City Attorney, 35 North 1st East, presented the rezone request for the City. The subject property was viewed and is owned by the City; it is currently being used for sand storage. David Beck, owner of the adjacent property to the west, had his property rezoned to MDR2 last year. He was going to participate in the construction of a road that the City would be using on a seasonal basis for their trucks, but the City questioned whether this was the best type of use for this 35 North 1st East Rexburg, ID 83440 Phone: 208.359.3020 Fax: 208.359.3022 www.rexburg.org Planning & Zoning Minutes April 18, 2013 2 area. Given the proximity of the property to the park and the Rexburg Rapids aquatic facility and the intended MDR2 development of Mr. Beck’s property, it was determined by the City that it would be advantageous and of forward-thinking, to have this subject property rezoned for development consistent with the Beck property. Mr. Zollinger stated that the City intentionally did not include the small piece of property that is owned by the Eastern Idaho Railroad that is adjacent to the railroad tracks and just east of this rezone request for two reasons. A letter was received from Watco Companies that expressed concern that proximity of a railroad track to a residential complex is not good development. The City recognizes that immediate adjacency to railroads sometimes creates issues. Possibly in the future, the City may negotiate with the railroad on a through pass at such time when the Walters Ready Mix facility ceases to be productive as a mining operation. The Walters’ have expressed a willingness to consider converting the land into a public access facility in the future. It could become connectivity to the Riverside Park. Currently the Walters pond is being mined and would likely remain a water-body. The City would possibly incorporate it into the City Park system. The subject property would likely develop into a similar type of apartment complex that Mr. Beck proposed for his adjacent property (MDR2 density). Chairman Dyer asked for clarification on the small piece of railroad property to the east. Stephen Zollinger said that property has no active use on it at this time. It was expressed by the Watco Companies in their letter that industrial use should be preserved along the railroad rights of way. The problem the City sees in the future is that the property will have no public access other than the railroad. The property came into existence when the bark plant south of town was here. Thaine Robinson asked for clarification of the Beck property and the public right of way. Stephen Zollinger pointed out the 99 foot right of way. Intentions would be to work out an agreement with the railroad to abandon the right of way to the two properties for personalized development possibly in exchange for some sort of bicycle- pedestrian gated access. No discussions have yet taken place with Watco, who has in the past always been interested in community development and the closing off of traffic crossings if it can be done responsibly. City of Rexburg properties in the area were viewed on the map. Stephen Zollinger said the City’s goal has always been to try to keep buildings as far away from the Watco right of way as is responsible. Val Christensen clarified that the Beck property that was rezoned to MDR2 goes to the right of way on the south. The map shows it incorrectly. The public did not have any clarifying questions. Chairman Dyer opened the public input portion of the hearing. In Favor: None Neutral: Aaron Robertson, 83 North Cambridge Dr.,Rigby. He is neutral on the proposal but has concerns regarding losing a significant amount of Light Industrial property. He is a land developer and 3 landowner in Rexburg. He does not see a lot of Light Industrial zoned land master-planned back in. Growth in Rexburg does not purely depend on the college. Over time, Light Industrial zoning should be master-planned back into the Comprehensive Plan. Opposed: Dusty Tenney, representing Eastern Idaho Railroad, 618 Shoshone St. East, Twin Falls. He is the marketing manager for the railroad. He works in conjunction with many cities. One concern is the loss of places for Light Industrial. With the increased cost of diesel, the railroad has become a more integral point in building a facility such as a manufacturing plant. Recently such a facility was built in Ucon that had to be near the railroad. He sees more and more cities putting houses next to the railroad, which creates some problems. The reason the railroad is against this request is that they do not care for housing next to them. With housing one side of the tracks and a park on the other side, foot traffic is created. There can be a fence, but kids would get around this. The railroad is worried about the safety of children. A walking path was mentioned – the railroad struggles with these paths because of safety. Railroad tracks and kids are a problem. The railroad wanted to voice their concerns to make sure these issues are thought about. What the city chooses to do with their property is up to the City of Rexburg. The railroad will support the City as best they can. Take into account that when you give up all your land to housing, if someone wants to come in with a nice manufacturing facility, where would it go? Terry Hepworth, 275 North 2nd West. Please do not do this. It is unsafe to have a lot of people and traffic here. It is already a City thoroughfare. There is skating, the nature park, businesses to the south, the railroad, and a big pond to drown in. It just is not safe to have more buildings, children, and traffic. Please keep it down to something that can be handled here – a lesser amount housing. It could handle light industrial, but it is not safe to build housing there. She is against the rezone request, as are all of her neighbors. (It was clarified that the subject property has about 3 buildable acres of the 4.2 rezone request; density is 20 units per acre.) Written Input: read by Chairman Dyer 1. Letter from Paul Watland of Watco Companies on behalf of Eastern Idaho Railroad – opposed to the proposal 4 5 Rebuttal: Stephen Zollinger stated the City is familiar and aware of the Light Industrial issues that face the community. Each time the issue is discussed, there is a conscious decision made by the City that they do not want industrial users necessarily building in the core of the City. It is preferred that they build in the outlying areas. It is equally beneficial to the industrial users to be in proximity of the City but not in the core. Some industrial users had been using the Eastern Idaho rail services but stopped using them because of proximity to the core. Mountain Gold Potato has attempted to sell their property but there are no interested buyers to date. The railroad proximity has been a detriment. There needs to be not only access to the railroad but also access to the rest of the community without going through the core of town. It is a conscious decision of the City to ask that the subject property stop being Light Industrial property. Residential growth in this neighborhood because of its proximity to the parks and single family residential is a good way to start buffering the core of the City from industrial-type users. An example of why industrial users should not build in the core of a city is this week’s fertilizer plant explosion in Texas. Many properties were destroyed because this light industrial was in the city core. The City is sensitive to the concerns of the neighborhood and believes that Medium Density Residential is the best way to protect the neighborhood from undesirable growth. Chairman Dyer closed the public input portion and asked for the staff evaluation and recommendations. Val Christensen reiterated that David Beck’s adjacent property on the west was rezoned to MDR2 down to the right of way on the south. City staff felt with this property already zoned MDR2, the request to rezone the subject City property at approximately 278 North 2nd West is the logical move. The size of the property is 4.27 acres. At 20 units per acre, there could be up to 85 units by right. The request is in conformance with the City’s Comprehensive Plan land use designation of Moderate-High Density Residential. The City Engineer did not voice a concern in regard to capacity of existing streets, capacity of existing public services, and water and sewer facilities. Staff recommends that the P&Z Commission make recommendation to the City Council to process this request. Richie Webb asked Mr. Christensen to address the safety concerns of residential being close to the railroad; the nearby swim park would be a resident destination. Val Christensen showed areas of the City where railroad tracks go through multiple residential areas that are on both sides of the railroads tracks. It is not felt to be a serious safety problem. Staff can understand the railroad wanting a 10-foot fence on both sides of the track, but that does not work within this community. He does not want to diminish the safety concerns. Thaine Robinson said the Watco letter indicated there is a spur in place. Stephen Zollinger pointed out the double track, referred to as a spur, on the photo map. The Chair said a question was raised by a citizen at an Envision Madison meeting regarding the appropriate kind of light industrial, clean industry – the jobs could be a lifesaver to the community. Where are we going to put it? He asked Val Christensen to review other Light Industrial (LI) areas in the community. 6 Val Christensen stated he agrees with Mr. Zollinger that the City does not want to put certain LI in the core of the City. There is a sizable LI area near the airport. Staff feels the City is not short on LI. It was reiterated staff prefers not to have LI in the core of the City. Technology uses are a yes, but not true light industrial where there would be high truck traffic. Dan Hanna said there is not a lot of land available near railroad tracks on the south of town, but there is a lot to the north going toward Sugar City. Gil Shirley wondered if there was any way to go under the railroad to make an access. Stephen Zollinger said it would be more likely to build an overpass than an underpass. If Watco chose not to work with the City on pedestrian-bicycle solutions, the City owns the 99 foot road. It would be how to move pedestrians if there is not another solution that is found. The City would be interested and hopeful that they could come up with a solution that would be mutually beneficial to the Eastern Idaho Railroad and the City of Rexburg for managing any potential crossing. Cory Sorensen did a study several months ago on multi-family complexes. He felt the number of children as residents here is overestimated. Jedd Walker said this rezone request is right in line with why he voted for the Beck rezone. It is on existing infrastructure; it is not undeveloped land where services have to be extended; it is fairly close to downtown and campus. This is where we need Moderate-High Density Residential. It fits the long term vision. Thaine Robinson agreed, but he asked for clarification of why the City is asking for this zone change. Chairman Dyer said most likely in order to move the City’s Light Industrial use out of this area. Cory Sorensen said the City has invested time and energy and millions of dollars wanting to create a destination point for young families re Riverside Park. There is no better spot for housing. Gil Shirley said he used to live near Porter Park. There was not a problem with foot traffic going to the park or to schools. Jedd Walker motioned to recommend to City Council to approve a rezone from Light Industrial (LI) to Medium Density Residential 2 (MDR2) at approximately 278 North 2nd West. Gil Shirley seconded the motion. Dan Hanna said he worries about spot zoning. Chairman Dyer stated the subject property is 4 acres, and it is adjacent to land recently rezoned to MDR2. None opposed. Motion carried. 2. 7:25 pm - Rezone – 814 North Yellowstone – Medium Density Residential 1 (MDR1) to Medium Density Residential 2 (MDR2) Chairman Dyer recused himself, due to a direct conflict of interest. Thaine Robinson acted as Chairman. 7 Aaron Robertson, 83 North Cambridge Dr., Rigby, representing Blue Ox Development. He presented the proposal. Blue Ox Development owns approximately 6 acres of property. They are requesting to rezone 3.30 acres from MDR1 to MDR2. The area was shown on the overhead screen. The potential is for 13 more units on that property than what is currently allowed. It is not a huge change. The effect on the City as a whole would be benign. Regarding City staff review comments, the greatest concerns are North 2nd East and sewer lines. In the past, there was interest by a developer for high density in this area; it makes sense to be concerned about high density because of sewer capacity and 2nd East. However, Blue Ox is requesting a small change – from MDR1 to MDR2; sewer and traffic would not be highly affected. They not feel their request would be setting a precedent regarding pushing density to the north end of town. It is a small piece of unutilized ground. Mr. Robertson stated that it does not matter where density is in town right now, 2nd East is a problem the City is going to have to deal with. It is a moot point. Thirteen more units will not make a difference. Putting some density on the north end of town will help the north of Rexburg to grow. They have looked at the master plan of what has been annexed into the City. Time and money have been invested in trying to do a land grab up to Highway 20. There is a need for more rooftops on the north side of town to drive development in this direction, or it does not do the infrastructure any good. What they are requesting is a small step in improving the development and look and feel of this area. Mr. Robertson stated Blue Ox Development’s target use is multifamily, but at this time they do not know what kind. Changes are coming because of the missionary age change. There will be lots of young families. Marriage statistics are growing. The University programs that are offered also have an effect. Down the road, more and better multifamily housing is going to be needed. They are not changing the commercial zoning of the frontage of their property. They are trying to add rooftops to generate tax revenue off of that commercial. The small subject piece of land being requested for a rezone to MDR2 would not make a big effect, but it does make a big difference to this applicant. Richie Webb asked who owns the adjacent properties. Surrounding properties are owned by Ray Peterson who is planning apartments to the east, by family trusts, by a nursery, and by a storage company. It was clarified that just 3.3 acres of the 6 acres owned by Blue Ox Development would be changed to MDR2 if the rezone request is granted. The highest zoning allowed under the Comprehensive Plan’s Low-Moderate Density Residential land use designation is MDR2. The Chair asked if the public had any questions. There were no clarifying questions from the public. Chairman Robinson opened the public input portion of hearing. In Favor: Danny Miller, 270 American St. He owns the storage units to the south of the subject property. He spent a tremendous amount of money on sewer and power lines. He is all for this rezone request. 8 Neutral: None Opposed: None Written Input: None Chairman Robinson closed the public input portion and asked for the staff evaluation and recommendations. Val Christensen stated staff’s concern is that the request would set a precedent. A significant amount of MDR1 is in the area. When created, the Low-Moderate Density Residential land use designation here was thought to be a good buffer between the Single Family Residential and the Commercial. If all the MDR1 land was requested to be changed to MDR2, there would be a significant impact in the amount of dwelling units. An additional concern is that with the City’s infill-redevelopment, the goal is trying to focus heaviest density in the City core and by campus, not on the outer parts of town. That becomes a transportation issue, in addition to the existing 2nd East problems and sewer line problems. The rezone request is in conformance with the City’s Comprehensive Plan. The land use designation is Low-Moderate Density Residential. The City Engineer “…has concerns about the extension of services to the subject property. Also the increase in density of any residential property north of the river is of concern due to the lack of a second access across the river near 2nd East.” The City Engineer’s review comments addressed water mains, sanitary sewer, and transportation. Mr. Christensen stated that City Staff recommends at this time that density in this area should not be increased due to the potential to set precedent for others to come in and request a change to MDR2. He reiterated that the City in their infill-redevelopment efforts wants to focus density closer to the core of town. Richie Webb said it appears the staff recommendation is to delay such a request until the necessary traffic and infrastructure needs are addressed. It was stated that precedent is the number one issue. He asked for clarification. Val Christensen said it is because of those issues of precedence, and transportation, and infrastructure. He stated that what goes along with waiting is that the City is also in the process of the Envision Madison effort, which would address some of these issues and could move the City eventually toward a new comprehensive plan. Staff does not feel the timing is right to densify these areas now, with the obstacles exist and with all the land that could be changed to higher density. Chairman Robinson asked to define if staff is recommending the rezone request be denied. Val Christensen said yes; staff is recommending that it is not time for this zone change. Jedd Walker stated there has been very hard work done to get density closer to the core of the City. That needs to be done first. The time may come in the future for the zoning of the periphery to be changed. W.C. Porter agreed. The request is premature at best and may even be prohibitive unless there is infrastructure to support the area. 9 Dan Hanna said Envision Madison will address a lot of these issues. The City needs to be sensitive to the impact on older neighborhoods as the direction of the growth goes toward the City core. Scott Ferguson motioned to recommend to the City Council to deny the rezone request (Blue Ox Development) to change the zoning of 814 North Yellowstone Hwy from Medium Density Residential 1 to Medium Density Residential 2. Jedd Walker seconded the motion. Cory Sorensen expressed that 2nd East remains a continual thorn that should always be in the forefront of the City’s concerns. None opposed. Motion carried. Chairman Robinson stated it does not often happen that the City opposes a request. He asked if the applicant could recoup some of the application fees. Stephen Zollinger said the applicant could make a request. It would be dependent upon whether the applicant was informed of the issues that the City was going to be presenting tonight. The applicant could come in and speak to staff if he chooses not to go forward to City Council to appeal tonight’s decision. It was clarified that the applicant had been informed of the issues prior to the public hearing notice. Winston Dyer was restored as chairman. He rejoined the Commission on the dais. Unfinished/Old Business: 1. Discussion of Building Heights and other Development Code changes Chairman Dyer said this matter is an ongoing discussion. Tonight, staff is presenting additional information which could be discussed later tonight or at a future meeting. Val Christensen presented a brief PowerPoint. One of the issues brought up in past discussion was to look at other communities to see the various heights of buildings. Through Google Earth, the Westbank Hotel (approximately 90 feet high – 8 stories) and the old Bonneville Hotel in Idaho Falls were shown. Eastern Idaho Regional Medical Center is about 80 feet high. Various buildings in Pocatello, Bozeman, and Provo were also shown. The Baxter Hotel in Bozeman is about 90 feet high. Dorms at Montana State University are about 140 feet tall and 12 stories. The Kimball building in Provo is 12 stories and approximately 160 feet in height. The different cities were contacted and representatives were spoken with regarding building height regulations. Idaho Falls does not have a height restriction. In most of the contacted cities, heights may be increased through a Variance or a CUP. The BYU-Idaho Center is 90 feet high on the exterior. The Rexburg Tabernacle is about 60 feet high. 10 The Rexburg LDS Temple is about 65 feet in height not counting the steeple. Jedd Walker felt the Commission in regard to this height discussion should wait until Envision Madison has run its course. Scott Ferguson asked about a timeline for the Envision Madison program. Dan Hanna said the projected time would be approximately a year and a half. The feasibility and the cost of building a structure in Rexburg has been brought up by developers. Val Christensen stated the issue of whether or not to increase building height, and if so to what height, is just a discussion item right now. He agrees with Mr. Walker that it would be beneficial to go through the Envision Madison process first. Chairman Dyer said it great to visualize. The information has been very helpful. New Business: None Compliance: None Non controversial Items Added to the Agenda: 1. Lighting Standards Update Bret Stoddard, City Electrical Inspector, reviewed the Commercial Lighting Standards document and proposed updates. The document is being cleaned up to make it clearer and more functional. It is being given to the Commissioners tonight for their review and input. Chairman Dyer asked if this update is to correct errors, or just to clarify. Bret Stoddard said it is clarifying the document. For instance, some terms that are not referenced are being taken out. Chairman Dyer stated that this update is more of an editorial update and not the changing of standards. Bret Stoddard said that was correct. Chairman Dyer said two of the issues the standards were put together for were night sky protection and light trespass. Bret Stoddard said those standards have not changed. The changes are so the standards read well. He briefly reviewed the proposed updates that would help to clarify Commercial Lighting Standards. The issue of LED (Light-emitting Diode) lighting was brought up as needing to be addressed in the standards. Subdivision lighting is fully addressed in the Subdivision ordinance, which is currently being revised. John Millar clarified that subdivision lighting is funded through the Street Lighting Fund and not through an LID. The Commissioners will study the suggested document changes. Bret Stoddard thanked the Commission. 2. Address meeting Update Chairman Dyer reported that with so many buildings being constructed, including complexes with multiple buildings and multiple floors, Rexburg/Madison County Addressing committee meetings 11 are taking place to look at addressing standards. Many developers were proposing their own addressing scheme for their complexes. The committee is looking at addressing standards that would make the most sense and especially in regard to clarity for Emergency Services responders. The standards that the Addressing Committee put together include: 1. Only numbers will be used; no letters will be used. 2. Building flow of multiple building complexes will be clockwise from main entrance if possible. 3. There would be a number designator for apartments - by building, floor, and unit number. 4. Units are numbered from left to right as you face the building. 5. Left are odd numbers; right are even numbers. Jedd Walker stated from an architect’s perspective that especially on large complexes, changing the numbering after the City sees the project can be time-consuming and cumbersome. It is even worse after construction, and it is costly. The Chair suggested that standards on addressing should be put into the Development Code. The standards should be temporarily available until they are put into the Code. 3. Report on BYU-I Design Review meeting Chairman Dyer reported on this meeting. The University’s heating plant, the Central Energy Facility building, is being reconstructed. The concern was the west wall – it was presented as tall and long; it needs to be broken up. There were concerns of starkness. Variation in brick color and landscaping such as trees were suggested to break up the wall. Val Christensen said the architect has contacted him. The applicant felt they could meet the standards. They will bring the windows out, so that about fifty percent of the wall will jut in and out. They are changing the actual form of the building, so they will be in compliance, and there will not be a design issue. AvantGuard Design Review meeting Thaine Robinson reported. The building will be located on Grand Loop. The architect/developer requested the pre-building design review meeting, which was a positive move. The developer will need to break up the roofline. Val Christensen suggested possibly a 2-story building could be done. The committee gave suggestions. The developer could possibly redesign the building to have more room on the property and to fit the ordinance. Roof line and ordinance ground requirements will need to be met. 4. City Council actions on Planning requests Chairman Dyer has asked Val Christensen to report on recent decisions of the City Council on planning requests, for the Commission’s information. The Commissioners requested and will receive City Council minutes by email. Val Christensen said Dan Hanna’s rezone request was approved by the City Council. The Council discussed that this was now a different presentation - only 1 lot instead of 4 lots. The Council discussed spot zoning. There was also infill-redevelopment and scoring system discussion at the City Council meeting. 12 The P&Z Commission had a brief discussion of an opinion letter in the newspaper that addressed the function of Planning & Zoning and the function of zoning law in general. Jedd Walker suggested the Commissioners should educate themselves on Envision Madison. Get involved. Encourage your neighbors to get involved. The Chairman said as part of the Envision Madison process, the public will be heard. What the community really does want will be able to be established. The Commissioners will be emailed the Envision Madison link so they can have information on the matter and so they can access past and future meetings information. 5. North 5th West U-Shaped lot and it Conditional Use Permit (CUP) Cory Sorensen explained that he is buying the u-shaped lot from Ray McDougal. He still would do a six-plex as was granted by the CUP several months ago, but it would be done differently. He has worked with Alicia Gulley who owns the existing building that the U-shaped lot goes around. Mr. Sorensen plans to tear down Ms. Gulley’s garage, and give her another piece of land in exchange. This will clean up the property, so that there would be just one entrance instead of 3 entrances. It will no longer be a u-shaped lot. Chairman Dyer asked the purpose of the Commission in regard to this issue. Val Christensen said the question is, can the existing CUP be honored or must there be another CUP process? This plan appears better than the original plan for the property. Jedd Walker stated that this matter does not need another CUP, but the project will need a site plan review. Val Christensen said a site plan review is automatic as part of the building review process. There was consensus of the Commission that the existing CUP would apply to the new plan for the property. It is not necessary for the developer to come back in for another CUP. Report on Projects: None Tabled Requests: 1. Conditional Use Permit – for a Hotel – Approximately 75 Pioneer Road – to be addressed at the May 2nd P&Z meeting. - to be addressed at the May 2, 2013 P&Z meeting Building Permit Application Report: None Heads Up: May 2 – Tabled Conditional Use Permit – for a Hotel – Approximately 75 Pioneer Road May 2 – City and Madison School District discussion on Modular Classrooms May 30 - Joint P&Z meeting - Rexburg P&Z will host Chairman Dyer adjourned the meeting at 10:15 pm.