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HomeMy WebLinkAboutPlanning and Zoning Minutes 4-19-18 City Staff and Others Brad Wolfe – City Council Liaison Stephen Zollinger – City Attorney Planning & Zoning Administrative Assistant – Tawnya Grover  Rory Kunz has been asked by Heidi Christensen to chair the meeting. Rory opened the meeting at 6:30 PM. He welcomed everyone. Roll Call of Planning and Zoning Commissioners:  Roll Call. Present: Bruce Sutherland, Melanie Davenport, Greg Blacker, Steve Oakey, Darrik Farmer, Gil Shirley, Rory Kunz, Kristi Anderson, Council Liaison Brad Wolfe (Not voting). Absent: Chairman Heidi Christensen, Mark Rudd, John Bowen.  Minutes: 1. From Planning and Zoning meeting – March 15, 2018  Motion: Motion to approve the minutes for March 15, 2018, Action: Approve, Moved by Kristi Anderson, Seconded by Greg Blacker.  Vote: Motion carried by unanimous roll call vote (summary: Yea = 7). Yea: Bruce Sutherland, Melanie Davenport, Greg Blacker, Steve Oakey, Darrik Farmer, Rory Kunz, Kristi Anderson. Gil Shirley abstains. Stephen Zollinger shared: the Council approved the Short-Term Rental last night. The ordinance will go into effect when it publishes. It was approved as it had progressed. The ordinance was 2nd and 3rd read at the last two meetings of City Council. Public Hearings:  Chairman Rory Kunz explained the process of the public hearing and reminded the audience if they would like to speak, they need to record their information on the sign-up sheet. When, the speaker comes to the podium, they need to state their name and address before beginning their remarks.  6:35 p.m. (#18 00123) to Annex the property in the Impact Area at 1130 and 1138 University Blvd. in a Community Business Center (CBC) zone into the City of Rexburg. (Berry Oil/Bowen Petroleum & Double H Gas) The zone will remain Community Business Center (CBC). Rory said Mr. Zollinger will present. Stephen identified the parcels that are being annexed tonight. The red-hash line is the current City of Rexburg boundary line and there is an island of two parcels. The parcels are owned by Berry Oil and the Harris Family Trust. The City has met with both parties and they have consented to this annexation. The City is beginning the process of looking at areas within the City that are islands within city limits. Conversations are beginning with some of the bigger property owners to clean these islands up. The infrastructure is all currently in place. There is a project in the course of the next few months that will result in a sidewalk that will go along the front of these properties to complete pedestrian access from the City to the High School. The question was asked, the City prompted this request? Stephen Zollinger, answered, the City became aware of a project moving forward on the Berry Oil parcel. In order to build the project, they are looking at, they would have to annex into the City. One of the properties is up for sale and this prompted the action.  Chairman Rory Kunz opened the public input portion of the hearing at 6:38 PM. Favor: None Neutral: None Opposed: None Written Input: None Rebuttal: None Chairman Rory Kunz closed the public input portion of the hearing at 6:38 PM.  Motion: Motion to recommend to City Council the passage of the motion as recorded to close up the island in the City., Action: Approve, Moved by Steve Oakey, Seconded by Gil Shirley.  Vote: Motion carried by unanimous roll call vote (summary: Yea = 8). Yea: Bruce Sutherland, Melanie Davenport, Greg Blacker, Steve Oakey, Darrik Farmer, Gil Shirley, Rory Kunz, Kristi Anderson.  6:40 p.m. (#18-00140) to change the Comprehensive Plan Map from Neighborhood Commercial to Medium to High Density Residential at approximately 300 East 7th North. Stephen Zollinger spoke for the applicant. The parcel was identified on the map. Tawnya said Bryce Dorion owns the property on the Commissioners map. In order to prevent spot zoning, the City asked Bryce to coordinate with the neighbors to bring them all in on this comprehensive plan map change. The water tower creates the buffer between the Medium Density Residential and the Commercial zones to the West. The infrastructure is in place. We have the capacity. Some upsizing of the infrastructure may be needed. Staff recommends approval based on this will not negatively impact the City to develop in this area.     Chairman Rory Kunz opened the public input portion of the hearing at 6:46 PM. Favor: None Neutral: Ray McDougall – 427 Stegelmeier – He is not opposed to the zone change. Be cautious with more traffic from 7th N onto 2nd East. He recommends a plan at this intersection. The intersection is becoming increasingly dangerous. Opposed: None Written Input: None Rebuttal: None Stephen Zollinger responded. The City is well aware of the traffic issues on this expanded intersection since relocating Wal-Mart. Multiple conversations have been happening between ITD and the City. They are working on redesigning an intersection that would resolve the railroad intersection that has created some problems. A cut across at a different section is being determined. Chairman Rory Kunz closed the public input portion of the hearing at 6:49 PM.  Motion: Motion to recommend to City Council to pass the request as recorded for purposes of a continuous zoning transition as requested by the property owners, Action: Approve, Moved by Steve Oakey, Seconded by Bruce Sutherland.  Vote: Motion carried by unanimous roll call vote (summary: Yea = 8). Yea: Bruce Sutherland, Melanie Davenport, Greg Blacker, Steve Oakey, Darrik Farmer, Gil Shirley, Rory Kunz, Kristi Anderson. Unfinished/Old Business: None New Business:  Thomson Farms Preliminary Plat (#18-00080) Approx. 472 N. Yellowstone Highway – Paul Bringhurst   Stephen Zollinger talked about an unresolved issue about distances with ITD. ITD has tentatively approved moving forward with the plat. A more detailed review of how far the intersection from 7th North on the Yellowstone Hwy. is from the entrance to Thomson Farms is being determined. They wanted to make sure the distance met their minimum requirement. The Public Works department, the Planning department, and the Building layout have been reviewed. Staff recommendation is to approve the preliminary plat. The remaining details will resolve themselves in the final plat. Paul Bringhurst – Stillwater Equity Partners. The Master Plan was showed on the screen. Paul reviewed the accesses. The only access onto Yellowstone Hwy. will be Thomson Farms road and Stegelmeier road. Paul, ITD and Public Works have struggled to compromise. Paul has reached out to the McDougal’s to come to a compromise on Stegelmeier Rd. Thomson Farms has agreed to put the entire Stegelmeier right-of-way onto the Thomson Farms property. Paul had to give up an acre and the McDougal’s had to give up 0.4 acres. Paul talked to ITD, Paul’s Traffic Engineer and Public Works about accesses and a traffic light. The discussion included the intersection down on 2nd East. Keith did not share this area was on the City’s radar for improvements. This could have saved some time. The traffic study has been turned in for review as of this week. It does not show a traffic light needed at Thomson Farms road. Paul has a couple of concerns with the proposed conditions of approval. Keith has requested that the utility connections across the highway be encased. This a technical item and Paul’s engineer has another idea that may be possible. He is concerned it should not be such a specific condition of approval. There is a pedestrian walkway along the railroad they would all like to connect to. ITD does not want to see a pedestrian crosswalk from Thomson Farms. The current speed is 55mph. If they dropped it to 45mph, it would meet their standards. From observation, most of the traffic is heavy trucks. If a light is put in, a hawk, or another alternative, Keith did not think the trucks could stop. Paul is being asked to make a pedestrian connection down to 2nd East, and Paul does not own this property. He would have to do off-site improvements. A development to the south has not done these pedestrian connections. Steve Oakey asked, Is Keith asking you to build these improvements off of your land? How far is the distance? The distance is several hundred feet. It seems like the demand should be placed on the current property owners to develop. Kristy asked about the traffic impact study at current traffic vs. future traffic. At year 2038, a light may be needed. ITD would not permit a light there even if the developer wanted to put one in. Sugar City and potential growth out here may increase the traffic due to this growth. Right now, the traffic light may not be needed, but she can see how it could be needed in the future. Current developments’ potential in this area have been considered in the traffic study. Paul said, his development has been slid South to make room for Stegelmeier road. The single-family lots have been designed. There will be one single owner for the apartment area. One single pad is shown in the commercial area. The retail tenants will drive the commercial part of the project. It will be subdivided when they know more about the retail tenants going in. Stephen Zollinger said, pedestrian access for any residential development on the perimeter of the city has been prerequisite even if it comes across the front of other peoples’ properties. The right-of-way fronts those parcels. It is not uncommon to request the developer that wants to jump to the perimeter of the community to connect to the City. A crosswalk or hawks signal are possible. Hawks signals are used on highways throughout the country. The state usually doesn’t put these on a 55 mph road. In response to encasing under the highway, if there is technology that achieves the same result, this could be used. The City would need to be shown a different method to place the conduits under the road and approve the methods. The state will not approve cutting into the road. The state requires boring or pounded casement. There is not a reason to hold up the preliminary plat unless the applicant is opposed to wanting to condition approval on these issues being resolved. The motion could provide modified language. The pedestrian access is a non-budging element for the City on the pedestrian access. The City does not intend to encourage residential users be required to step out on the highway 400-500 feet of pedestrian access. Paul Bringhurst responded. He wanted to clarify. He is not opposed to the Hawk or other system across the highway. He is o.k. building a sidewalk on the property he owns. It doesn’t seem fair to build sidewalk off-site along the front of other peoples’ property. The 4-plex community to the South was not required to do pedestrian connectivity. Stephen said the 4-plexes will be required to put in sidewalk. All projects since Mesa Falls are required to provide pedestrian connectivity. The 4-plexes sidewalks will be discussed with public works tomorrow morning and they will look at the plat and make sure it is there. In this area there is sufficient right-of-way to allow for the sidewalk to be built on public property. The 5th W sidewalk will go in this summer. Steve Oakey, asked why was Wal-Mart not required to put in sidewalk connectivity to their development? Stephen answered, they’re technically not a walking destination. Wal-Mart was also required to offer the shuttle as a condition to get out of the sidewalk requirements. This will not happen again. More pedestrians walk out to Wal-Mart than originally contemplated. Chairman Rory Kunz asked if sidewalk was already along the side of the road along the railroad. Is this why we are talking about a crosswalk? Stephen answered, a path along the railroad is already built along the railroad by Thomson Farms development all the way to Sugar City. Steve Oakey asked about the build-out requirement. Is there a minimum-size development before the sidewalk policy is enacted? Ray has had a used car lot out at Stegelmeiers’. Would he be required to pave? Stephen Zollinger answered, if it is a pedestrian-driven business or residential enclave of homes, the reasonable trip generation is determined. Homes are high-pedestrian generators. Then, they look at: How likely is it? 1,000 people in the Thomson Farms development are going to want to walk somewhere. They look at how a person could walk without stopping out onto the road to the next available sidewalk. Gil asked, would they be more likely to want to walk to Wal-Mart? Stephen said he would be required to provide access across the street, which would get him to Wal-Mart. There are some properties grandfathered in. Could Paul recoup some of his costs if someone south of him develops? Some grandfathering applies to this area. Darrik asked for distance clarification on the distance of sidewalk. It is about 500’. Stephen says, Paul might be one discussion behind on the roads. Thomson Farm road is now the preferred road that would cut across to 2nd East. The area to the South where there is an intersection right now would become a cul-de-sac. The state indicated they were in favor of this solution because there is a railroad crossing within an intersection in this area to the South. A stoplight could be moved down to 7th N, which is anticipated as a more regulated intersection. A crosswalk would be created at Thomson Farms, depending on the timeliness of the state in changing this area. Then, Thomson Farms would not pay the cost of the Hawk signal. Commission Discussion: Darrik responded, he does not have a problem with requiring the sidewalk connectivity. These requirements are not abnormal to other development within the City. Melanie does not think these requirements are unreasonable. Gil asked how the state’s changes will affect the roads for this development? Darrik answers, the road situation would be easier. Recommendation for City Council is required. Steve Oakey asked about postponing required connectivity? Stephen answered, Keith requested evidence of pedestrian connectivity for approval on the preliminary plat. A crosswalk to the pedestrian path could be considered connectivity to 2nd E. Steve Oakey recommends to let the professionals resolve the issues. On the final plat, these items should be resolved. Stephen answered, the developer’s issues can be resolved with City Staff. Maybe amend the language.  Motion: Motion to recommend approval by City Council of the request by modifying the two recommendations: 1) the infrastructure under Hwy. 33 to meet the satisfaction of the Engineering department and 2) resolve the pedestrian connectivity to sidewalk infrastructure on 2nd E, Action: Approve, Moved by Darrik Farmer, Seconded by Gil Shirley.  Vote: Motion carried by unanimous roll call vote (summary: Yea = 8). Yea: Bruce Sutherland, Melanie Davenport, Greg Blacker, Steve Oakey, Darrik Farmer, Gil Shirley, Rory Kunz, Kristi Anderson. Compliance: None Non-controversial Items Added to the Agenda: None Report on Projects: None Tabled Requests: None Building Permit Application Report: None Heads Up: May 3, 2018: (18-00141) Approx. 300 E 7th N – Rezone (18-00163) 148 S 2nd E – CUP: Dormitory Parks & Trails Plan May 17, 2018 Arbor Cove CUP: Dormitory CUP: Dog Grooming  Motion: Motion to adjourn, Action: Approve, Moved by Kristi Anderson, Seconded by Darrik Farmer.  Vote: Motion carried by unanimous roll call vote (summary: Yea = 8). Yea: Bruce Sutherland, Melanie Davenport, Greg Blacker, Steve Oakey, Darrik Farmer, Gil Shirley, Rory Kunz, Kristi Anderson. The meeting was adjourned at 7:27PM.