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HomeMy WebLinkAboutP & Z MINUTES 2 - 16-00575 - 117 S 2nd E - Mattson Apartments (Abri) - Civil SitePlanning & Zoning Minutes November 3, 2016 35 Norfh )n East Phone: 208.359.3020 Rexburg, ID 83440 www.rexburg.org Fax: 208.359.3022 Commissioners Attending C_V Staff and Others: Jedd Walker— Chairman Brad Wolfe- City Council Liaison Heidi Christensen Greg Blacker Natalie Powell— Community Development Compliance Officer Bruce Sutherland Gil Shirley Colton Murdock— Community Development Intem Rory Kunz Elaine McFerrin — P&Z Coordinator John Bowen Steve Oakey Chairman Jedd Walker opened the meeting at 7:03 pm. Community Development Director Val Christensen was excused. C IT Y OF REXBURG rkw America's Fandly Community Roll Call of Planning and Zoning Commissioners: Attending: Greg Blacker, Rory Kunz, Gil Shirley, Jedd Walker, Bruce Sutherland, John Bowen, and Heidi Christensen Melanie Davenport, Mark Rudd, and Richard Smith were excused. Minutes: 1. From Planning and Zoning meeting — October 20, 2016 Heidi Christensen motioned to approve the Planning & Zoning minutes of October 20, 2016. John Bowen seconded the motion. Gil Shirley and Greg Blacker abstained for not having been present. None opposed. Motion carried. Public Hearings: 1. Rezone —135 and 141 South tad East Low Density Residential 3 (LDR3) to Mixed Use 2 (MU2) - 2M Holdings LLC and Steve Herdti Chairman Walker explained the process for a public hearing. The applicant will present the proposal. The Commission and the audience may ask the applicant clarifying questions. The public hearing will open and those in favor, neutral, and opposed to the request may give testimony, stating their name and address for the record. If there is opposition to the proposal, the applicant has the right of rebuttal. Public input will then be closed. The staff report will be given, followed by Commission discussion and deliberation. The P&Z Commission is a recommending body and will make a recommendation to the City Council, who will make the final decision on the request. Judy Hobbs, Realty Quest, 117 West Main, applicant representative. The request is to change the zoning from Low Density Residential 3 (LDR3) to Mixed Use 2 (MU2). She wanted to say how appreciative they are of the super job city staff does in helping them be well prepared to make good presentations and keeping them on track, and making the application process move along smoothly. The city has a tremendous staff that makes it so much easier for an orderly process. The subject property was shown on the overhead screen. The Comprehensive Plan was changed to Neighborhood Commercial/Mixed Use about a month ago for these properties The former Barrick home (135 South 2"d East) has been purchased by 2M Holdings. They own the property just north all the way to 1s` South, which is currently under development for dormitory housing. The home at 135 South 2"d East is intended to be used for the manager's quarters. There are no specific plans for the Herdd property at this time. It3,is not part of the dormitory housing development. It is simply a property that Mx. Herdtt w'ted'to sell and 2M Holdings agreed to purchase. Their request is to rezone the two specified properties to th4,{,Sa 2M Holdings property on the north. 11:1 ' Chairman Walker asked if members of the audiert* "!had any Community Development Compliance comments to clarify the request. Chairman Walker opened the pubhclput portion of designation (MU2) as the did not There were none. In Favor: �yI( Karl Mattson, PO Box 220 Ashton He re1S}} ysents 2M? 4, 1d ngs.a? F wanted to go on record as being in favor of this zptie cha t l quest Cut' ndy th V iIl�t'tgnd n is that no development would cif `N 4, "i ' n FII f be done on the specifigd pxoperttegCtAt some p frit that'may chae, although they have no plans. The Barrick property c6gld possibly:be used for additional storage and green space in conjunction with the development. Steve Hexdh' 114, j P It 2" i e is in�RE g x of thti zone change. His home is one of the subject properties Isere iilz abe,Ib en subs t nal chanes,to the neighborhood. His home is the only home facing west on the east side bf Souli 2"a East in this area that is not a rental. Thank you for considennglthe request. 'ttjiaa Kurt Rolant�y • { gle Rock Ent1 exing 11, }Fremont Ave., Idaho Falls. He is in favor of the zone change which t€d help the co r proect" }flow a lot better; it will also be better for emergency lRlp services. `'_.. ��.. Neutral: See letter bell;*frq#nlRalph Kern. Opposed: None Written Input: The letter is part of the official record of this Public Hearing: 1. Letter from Ralph Kern, neutral to the proposal - read by Commissioner Kunz Elaine McFerrin From: RALPH M. KERN <RALPHKERN@msn.com> Sent: Wednesday, November 02,201611:38 AM To: Elaine McFerrin Subject Mattsonrezone- Hello Elaine, I will not be able to attend the Planning and Zoning meeting this Thursday where a request to rezone the Barrick and Herdti properties will be discussed but I do have a comment that I hope you will forward to the Commission. Since this request includes property that boarders residential property and Harvard Ave. and is a request by the same owners of other property recently rezoned that boarders on Harvard it seems reasonable that the same restrictions are applied to the Barrick and Herdt! properties as were applied to the Anderson properties I hope you can include a copy of the original restrictions with this comment Thankyou, Ralph M. Kern 148 Harvard Ave. 757-9767 Sent from Mail for Windows 10 j 1 3 Rebuttal: Judy Hobbs declined the opportunity for rebuttal. Chairman Walker closed the public input portion of the hearing. Steve Oakey arrived at 7:14 pm. Compliance Officer Powell showed the site plan of the property to the north next to the subject properties. The extra added properties from this rezone request would allow for the parking to extend. The fife truck would have crash bar to get on to Harvard Ave. in an emergency, as there is no exiting onto Harvard from that project pet the Conditional U,'�ii0exmit that was issued for the project. An ambulance would have to do a 200 -foot backup,,,,,,,#h the extra added property, it would allow an additional aisle for the ambulance to be able to e i4cly. There still would be the 30 - foot landscaping buffer between the residential propert'es1;rid the;coxgex project. It was clarified that "Parking structure" by defi ' parking structure. The developer is not planning i¢' possibly change with their final plans Staff would recommend both of the projects being Lot Covenant so that the conditions fa3tlle current The conditions from the current uronci''!'` ip woL Officer Powell went over the (see motion below). an mean either a'j'lat parking lot or an actual it in a parking structure'at this time. That could �Q9 1 robmed,f &her in a Res frtctive Development rojehyj d also be for thus subject project. I be o4ditions of this rezone. Compliance corner development's Conditional Use Permit Chairman Walker gave,his thou ts. In retrospect, awl t �f4iey did as it trimission at the time of the original request waa they chan&d,the un c' ksjg tine map of this whole area, then they allowed the zoning to change with conditions tliat put a'adl� m a xesidendal zone. Technically, it does not comply with the underlying usg Thg,Cotnm ssion shod have left a 60 -foot strip of residential zone jj{ jj{ f'I4 ilk ii'ii to buffer�I1�3$IxS � j i�!Ml3 ` � I3 They shd d have one,, saxiie,i$ wig here.11eioily 'c se the Commission has to create a xesidenp i buffer for all fh� ngighbl4hoods to the `ea`s't is to Condit on this rezone, even though they do not "e , b, do so. �' It The Chaixma Mated that thetk(th; ssio j ,as the authority to either recommend approval without conditions ortl'Icon dittons. ii" Rory Kunz motioned td7 cor1ovenant end approval of a Rezone at 135 and 141 South 2"d East to change from Low Density ResidentsLDR3) to Mixed Use Two (MU2), to include that there would be a Restrictive Development Lot between the subject property and the corner development on the north (same owner), and to include eight conditions from the Conditional Use Permit (CUP) for that corner development - a total of nine (9) conditions. Bruce Sutherland seconded the motion. None opposed. Motion carried. rupueea wnuruuna wr rezone — cervi r oluings r, %— ana Breve reran: 1. A Restrictive Development Lot Covenant between the subjeapraperty and the corner development to the north (also owned by 2M Holdings LLC) shall be completed. 2. Building heights shall not exceed 30 feet. El 3. The non -dormitory housing on Harvard is clarified to be two story hvin or townhomes or two story single unit homes only. 4. There shall be limited access on Harvard and there shall be residential access from the twin and town homes only. 5. There shall be adequate buffering of the neighbors on the south properly line with a minimum of 15 foot trees such as a thick hedge of evergreen trees as a better visual and sound buffer and as approved by the design committee. 6. One to one set -backs, meaning there shall be a 30 foot set -back on the south side of the properly and also a set- back of 10 feet on Second East to match the housing to the south. 7. Sidewalks on Second East and First South shall be widened to a minimum of 8 feet wide as stated by the Planning dam' Zoning Commission. 8. The parking structure shall be designed or screened from the adjoining residents to the south and reviewed by the design review committee as set forth by Planning & Zoning Commission. 9. If twin homes are not built within two years, those lots which we7,10 #ded for twin homes shall be landscaped withgrass and trees and maintained as a park like area unh1,4o time as the homes are built. New Business: 1. Preliminary Plat — Grove Meadows Hwy Kurt Roland, Eagle Rock Engineerii plat for Silverleaf Condominiums. He"+i sixteen 4-plexes on the property, which They are putting in the road (Aspen Drive dedicated road Utilities � �G ++ spme off They are workingwith'itl "Idahoy c nspoi access onto the Yello�sgn t was shoe Hwy The revised pla?+apn the oyerh�e copies The alp ,, ant has�o('Ij review ands, , evelbnt Staf They h +t Ir�He xequtxe� fid'' punt o ;,gyp.#yking asked Yellowstone Fremont AV, , Idaho Falls, presented the preliminary tltsydevelopex Bce Dorian. They are proposing Ya i#i; It would beta+condominium plat. Pm the' Vellowstonet., It will be a 68 -foot the permit necessary to I the Commissioners were provided with staff mentioned in the Public Works staff the shown access, as the location is fairly close to 2"d East. {��� Compliance Oi Powell sukt`,the applicant has to o through ITD for royal of this issue. p P1_ PP g g PP Chairman Walker ask#,oro �ia4ce Officer Powell to explain the preliminary plat process. Compliance Officer P% 1ll4uicated that a preliminary plat is the preliminary map of a proposed subdivision. ?� " A subdivision, per the Development Code, is "... the division of any lot, tract, or parcel of land into 3 or more parts for the purpose of transfer of ownership or development and the dedication of a public street and the addition to...". A Preliminary Plat does not have a public hearing as part of its process, but it would go to the City Council for final approval with a recommendation from the P&Z Commission. A final plat would eventually move forward with the same process after the preliminary plat has been approved. Kurt Roland added that the ITD will most likely require a turn lane here for safety and would also probably require a center turn lane. Compliance Officer Powell clarified that the zoning of the property is MDR1. Mr. Roland has met with staff. Several concerns listed in the Public Works staff review and the P&Z staff review have been resolved. There would need to be a 20 -foot setback from the right-of-way line to the building itself. Aspen Drive would be built to city standards. It will be dedicated to the city and the city will maintain it. The applicant will continue to work with staff until all issues arp,#'aOressed as this plat progresses to the final plat. Steve Oakey wondered about the possibility of the developer maim ning the road. Kurt Roland said the plan is for this road to eventuallgftie into the srt gntial addition south of the church. The applicant has written permission from the pcel owners to put the road in through their property. "1:1,lq} Steve Oakey said developing the private road couldi3hg great development opportunities. Rory Kunz said Medium Density Residential l allows 16 utnt'iper acre. Compliance Officer Powell clarified tat the subject pxopext rs over 3 acres in size. A door constitutes a unit. Staff would make sure::flus issue meets xegwxeh'nts. It was reiterated that much £ c issues brought up in thei!staff revi # have been resolved. The other issues will be addi's9`li€aff as the abblicant war1§'ith the'"C Bruce Sutherland in Condomtns`# sdpulat o i j 't all zoi xegwxemand dei Shirley seG{#ded the None Compliance: None Report on Projects: None the City Council of the Silverleaf ,rth Yellowstone Highway, with the vorks requirements, parking code iplied with and approved by city staff. Gil None Tabled Requests: 1. Conditional Use Permit — 322 West Main- to allow per the Rexburg Development Code Section -the item remains tabled It was discussed that this request would fit under the new definition of "Bed and Breakfast Inn" that the City Council just approved ("a structure containingguest mom(s) where lodging, with or without meals, is provided on a daily rate basis, and a manager maintains a residential presence on site or on an adjacent lot".) This CUP request could be picked up at the November 17`h P&Z meeting. The applicant and the name list of those who attended the first meeting where the issue was tabled will be contacted. 0 2. Development Code Ordinance No. 1115 Amendment —Proposed changes to the Development Code concerning substantive and non -substantive changes - the item remains tabled Compliance Officer Powell said Community Development Director Val Christensen has suggested that when the Commissioners have the time, he would like them to go online at rexbug.ore. Click on Government, and then click Development Code where there will be a Working File for Development Code'. The changes are very lengthy. Go through the shown changes. Write down any questions or concerns or suggestions, and be prepared to move forward, perhaps a section at a time. Building_ Permit Application Report: None Heads Up: November 17 2016 iI i11a 1. Conditional Use Permit — Approximately 2C�7 est 4 s Sout�ii;o allow a lowered number of parking spaces — to 62% per applicant resf}-` through the use ���he Pedestrian Emphasis Overlay (PEO), Ordinance No. 1021, m heyHigh Density Resldeiijxa4$C)ne (HDR1) zone. The meeting was adjourned at 8:05 pm. Written Input Rezone — 135 and 141 South 2nd East Elaine McFerrin From: RALPH M. KERN <RALPHKERN@msn.com> Sent: Wednesday, November 02, 2016 11:38 AM To: Elaine McFerrin Subject: Mattson rezone Hello Elaine, I will not be able to attend the Planning and Zoning meeting this Thursday where a request to rezone the Barrick and Herdti properties will be discussed but I do have a comment that I hope you will forward to the Commission. Since this request includes property that boarders residential property and Harvard Ave. and is a request by the same owners of other property recently rezoned that boarders on Harvard it seems reasonable that the same restrictions are applied to the Barrick and Herdti properties as were applied to the Anderson properties. I hope you can include a copy of the original restrictions with this comment. Thank you, Ralph M. Kern 148 Harvard Ave. 757-9767 Sent from Mail for Windows 10 W 'e-4� ��