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HomeMy WebLinkAbout04.06.17 P&Z Minutes 1 Commissioners Attending; City Staff and Others: Bruce Sutherland – Acting Chairman Mark Rudd Val Christensen – Community Development Director Steve Oakey Colton Murdock – Community Development Intern Heidi Christensen Elaine McFerrin – P&Z Coordinator John Bowen Greg Blacker Darrik Farmer Acting Chairman Bruce Sutherland opened the meeting at 6:31 pm. He welcomed everyone. City Council Liaison Brad Wolfe was excused. Roll Call of Planning and Zoning Commissioners: Attending: Steve Oakey, Darrik Farmer, Mark Rudd, Bruce Sutherland, Heidi Christensen, John Bowen, Greg Blacker Rory Kunz, Melanie Davenport, Richard Smith and Gil Shirley were excused. Minutes: 1. From Planning and Zoning meeting – March 16, 2017. Steve Oakey did not attend the March 16th meeting and asked for clarification of the discussion about the new BYU-Idaho map regarding dormitory housing (www.byui.edu). Community Development Director Val Christensen clarified the issue of the University map showing where the college would allow dormitory housing. City staff thought that the new map might lead people to believe that there would be potential for dormitory housing in low density zones. The city did not know of the map until a few weeks ago. The City and the University meet together on a regular basis. Steve Oakey said these artificial barriers tend to create injustices in land uses. He sees mischief potential and voices his opposition to it. Mark Rudd motioned to approve the Planning & Zoning minutes of March 16, 2017. Greg Blacker seconded the motion. Steve Oakey abstained for having not been present. None opposed. Motion carried. Public Hearings: 1. 6:35 pm – Conditional Use Permit – 248 and 250 South 3rd West – Requesting a Conditional Use Permit to allow a short-term rental in the MDR1(Medium Density Residential 1 Zone , per the Rexburg Development Code Ordinance No. 1115 - Jeff Diehl 35 North 1st East Rexburg, ID 83440 Phone: 208.359.3020 Fax: 208.359.3022 www.rexburg.org Planning & Zoning Minutes April 6, 2017 2 The process that is followed for public hearings was explained by Chairman Sutherland. The applicant will give a presentation of the proposal. The Commission may then ask clarifying questions. The public may also ask questions to help them understand the proposal. Public input testimony will then be taken. Those who wish to speak in favor, neutral to, or opposed may give their input. Staff will then give their evaluation. The Commission will then deliberate the proposal and make a recommendation to City Council for the final decision. Jeff Diehl, 1241 North 7100 East, Huntsville, UT. He would like to have short term rental at the specified addresses. The zoning is MDR1. There seems to be a lack of overnight accommodations in Rexburg. Some zoning does not allow it. The two subject properties were shown on the overhead screen. These are two-story 4-plexes. They plan to start short term rental with one unit and the upper level, to see if this use will work. If it does, they will do the other units in this request. These are 2 bedroom apartments, with 2 parking spaces per unit. There is a 4 car garage for each. As part of an easement agreement, there are additional spaces, for a total of 16 spaces. As part of the process, the city will require a building permit to look at life safety. Steve Oakey asked Mr. Diehl to describe the neighborhood. Jeff Diehl pointed out the surrounding area. Most properties are rentals; there is an owner-occupied house to the south. The neighborhood caters to the housing needs of a lot of students. It is a transitional neighborhood. John Bowen asked if there would be a manager on site. Mr. Diehl said there is a manager who lives on site who is excited and looking forward to this change of use. Community Development Director Christensen clarified the housing in the area. There are a few single family residences but the vast majority is not. Staff looked at the parking closely and has made sure that it meets city requirements. This is one of the zones the city wanted to see this use in. As long as they have the required parking and the Commission does not see a conflict with the single-family neighbor (regarding possible buffering needed or concern with lights, etc.), then staff recommends that the request be recommended for approval to City Council. Chairman Sutherland opened the public input portion of the hearing. In Favor: None Neutral: None Opposed: None Written Input: None Chairman Sutherland closed the public input portion of the hearing. Heidi Christensen suggested that it would be courteous if Mr. Diehl could check with the neighbors to see if some buffering of the property may be needed. Mark Rudd liked the idea that there is an onsite manager to oversee the responsibilities of checking people in and out, etc. Greg Blacker felt the request was a good fit for the neighborhood. 3 Steve Oakey motioned to recommend approval to City Council for a Conditional Use Permit for 248 and 250 South 3rd West, to allow a short-term rental in the MDR1(Medium Density Residential 1) Zone, per the Rexburg Development Code Ordinance No. 1115 , as requested. John Bowen seconded the motion. The “Standards Applicable to Conditional Use Permits,” Section 6.12B of the Rexburg Development Code No. 1115, apply to all Conditional Use Permits. None opposed. Motion carried. 2. 6:45 pm – Rezone – Approximately 154 South 3rd West – Medium Density 1 (MDR1 ) to High Density Residential 2 (HDR2) – Park View Cory Sorensen, 1041 Country Road, Sugar City. He presented a PowerPoint and provided a handout explaining why the subject property would be a positive rezone. He thanked city staff and this Commission for their hard work and time and service given to make Rexburg a better community. He quoted from the Rexburg Development Code, Section 1.15 and Section 4.16, regarding the Infill and Redevelopment: “Infill/Redevelopment Standard Background The City of Rexburg City Council, Planning and Zoning Commission and the City Staff have been actively engaged in an effort t o promote good planning principles. After a great deal of study, it has been determined that whenever possible the large demand for com munity housing generated by a growing university be focused to areas within the City core that are close to the BYUI campus, com mercial centers, community amenities (such as parks, library, pool, theaters) and job centers.” “Policy Statement Densification through Infill and Redevelopment will save tax dollars by reducing the cost of Streets, Infrastructure, Police, Emergency Services, Sanitation and other vital services. The purpose of the Infill/Redevelopment effort is to balance community good with individ ual choice and property rights. The existing Comprehensive Plan Map is the primary document for planning future city growth an d development. It is in the best interest of all of the citizens of Rexburg to locate Higher Density Housing Projects near Campus and the Ci ty Core whenever possible. Besides the savings of tax dollars, there is also a positive health effect and other cos t savings associated with being able to walk to campus, shopping, parks and other City amenities. Identifying Infill/Redevelopment projects near the City Core and making the necessary zone changes to encourage development n ot only will clean up vacant weeded properties, but will also partially “level the playing field” for these projects versus the lower cost of finding cheaper agricultural ground on the periphery of the City. Infill and Redevelopment are also encouraged in other parts of the City of Rexburg besides the Focus Area.” Regarding weighting of development properties, Director Christensen clarified there is still weighting of a project but not at the time of a rezone. Mr. Sorensen said he had lived in the subject area for 13 years and knows the neighbors well. He felt the area would benefit from the requested zone change. The Chairman said the audience was welcome to ask clarifying questions about the proposal but to save opinion for the public testimony. There were no questions from the audience. Cory Sorensen said it is hard to find 3 homes in a row in the area. The area is fragmented. Most properties are used for housing students. 4 There is the high density almost all around the medium density of the subject area. It is a 2½ block island of medium density. There is good walkability of the subject area to the University and to the downtown and surrounding community businesses and to the park amenities. The walkability map was projected on the screen. Cory Sorensen spoke of the cap rate/operating cost of developments and provided information of other complexes. He spoke of current projects and the pattern of tearing down homes and redeveloping. His point is that most vacant land has been used up. Rexburg is kind of out of space in certain areas; there are very few spots left where there are homes to buy, tear down, and go vertical. There is a kind hesitancy of redevelopment in the Pedestrian Emphasis Overlay that is partly because of high cost of buying the property and going vertical. Also, some of the older complexes are doing well for their owners just as they currently are. Lastly, Cory Sorensen addressed the Public Works staff review comments. He is fine with the sewer evaluation and the traffic study (review comments #1 and #3), but he was shaken by the review comment #2, regarding relocation of the splash park and the carousel if the rezone request is successful. He disagrees with this item. Besides this request just being for a zone change and not a development, moving amenities is not the answer. Safety concerns can be addressed and traffic can be mitigated. Both urban and suburban residents use the park. These amenities should not be moved further away from the core of the city. These amenities are in good walkability of the high density areas. Regarding the concern about the park being overcrowded, Mr. Sorensen said parks are self- regulating. For example, over crowdedness does not keep people from going to Central Park in New York. Overcrowding was not brought up when the other sides around the park were developed. There were no further clarifications of the proposal from staff. Chairman Sutherland opened the public input portion of the hearing. In Favor: Jeff Diehl, 1241 North 7100 East, Huntsville, UT. He is in favor of the requested rezone. It sounds great. He would be upset and his residents would be upset if the carousel and splash park were moved. Eric Sorensen 145 South 2nd West. He is in favor of the request. Concerning overcrowding, he had some thoughts. Keep the amenities where they are. There are hundreds if not thousands of families with kids who like the carousel and splash park where they are. Who benefits more? A historic carousel is worth preserving and the historical location as well. Many municipalities with densities much higher than Rexburg have somehow managed to preserve beautiful, functioning parks downtown. Safety concerns can be mitigated. Students a block or two away are almost as likely to use the park as those across the street. The population of Rexburg is likely to increase. Is it the intention of the city to never allow density around the park for fear that it will become overcrowded? What will the area look like in 20 years? Eventually density will have to increase. Aren’t parks supposed to have a lot of people in them? Isn’t one of the measures of a successful park that it is heavily used? Assumptions made by the city and staff that a rezone will cause overcrowding are just that – assumptions. Emotions may play a big role in being against a project, but emotions are often irrational and not the best way to make decisions. Do BYUI students have any less of a right to use a city park than non- students? 5 Mandy Sorensen, 1041 Country Road, Sugar City. She managed BYUI approved housing on 3rd West across from the carousel for 12 years. She and her family were frequently at the park. There is self-regulating of the park. Students living in the housing she managed did not utilize the park that much. Smith Park is not frequented as much as Porter Park; her children prefer Porter Park even though they no longer live across the street. The University students who frequent the park are a pleasure to have there. She is in favor of the request. It is a false premise that the more students, the less families. Neutral: Tonya Claybaugh, 252 West 1st South. She wanted it clarified that tonight is specifically a request to change only the zone and not about moving the park. Any comments about moving part of the park are just part of the discussion. Chairman Sutherland clarified this was correct – tonight the request is for a zone change. She asked for clarification on the rezone. The Chairman explained that a rezone would increase the density of apartment units per acre that is allowed. A rezone is the first step toward possible development. Definite plans are not known at this time. Opposed: None Written Input: None Chairman Sutherland closed the public input portion of the hearing and asked for the staff evaluation. Director Christensen stated that the MDR1 zone allows up to 16 units per acre. The HDR2 zone that is being requested could be as high as 42 units per acre. Building height would change from 30 feet to a maximum of 55 feet in height if the rezone is approved. The subject area is about 4 acres in size. He emphasized that several staff members reviewed the request. Director Christensen read the 3 Public Works staff review comments: “1. The existing sewer system would need to be evaluated to determine if it would be able to handle the increased fl ow from the higher densities of the new zone. 2. Increased density in the area would increase the traffic by the Splash Park and Carousel in Porter Park. With safety being the primary concern, the City currently installs speed bumps along 2nd South during the summer months to slow traffic down in this area. If the Zone change was approved, Public Works would recommend relocation of the Splash Park and Carousel. 3. If the zone change is approved a traffic impact study would be required from any future development to determine street improvements needed.” Director Christensen read his staff recommendation: “Planning Staff has repeatedly requested that High Density Residential be located near the University and Downtown whenever po ssible. This project is within a few blocks of both and has much better pedestrian access to the University and Downtown than previously approved projects such as the one near University and 5th South and the recent High Density Zone changes west of the railroad tracks and north of University Blvd. Due to the close proximity to the University and Downtown, the pedestrian crossings at 2 nd West will increase substantially. Potential conflicts need to be addressed prior to project approvals. City Staff can not recommend approval of this zone change until the concerns of the City Engineer are addressed.” It was discussed that the rezone could be conditioned with a traffic study. Director Christensen stated that a traffic study to be completed prior to development would bring a clarification of any issues. 6 Steve Oakey thought a future project could actually slow down the traffic. Traffic will increase; that is a moot point. He thought it was administrative overreach regarding the Public Works comment about moving the carousel and the splash park. Mr. Sorensen has put forth a persuasive argument that this is a valuable piece of property that will serve the community well. He will vote in favor of the rezone. Greg Blacker said he does not have a problem with the rezone and feels it would fit. He is concerned with pedestrians crossing 2nd West. Chairman Sutherland also felt pedestrian traffic would be a concern. Darrik Farmer agreed with Steve Oakey. There are many other options instead of moving the amenities. Speed bumps slow people down really well. Bulb outs for pedestrians work well. He liked Eric Sorensen’s point of what the area would look like in 20 years if there are not higher densities allowed here. John Bowen thought this was the perfect spot for high density residential. He cannot see the carousel or splash park ever being moved. The amenities are a good draw for this great park. Steve Oakey motioned to recommend to City Council approval of a rezone for the property at approximately 154 South 3rd West from Medium Density Residential 1 to High Density Residential 2 as requested, to include two conditions that are the Public Works staff recommendations #1 and #3 which state: The existing sewer system would need to be evaluated to determine if it would be able to handle the increased flow from the higher densities of the new zone. If the zone change is approved a traffic impact study would be required from any future development to determine street improvements needed. And with a strong recommendation against Public Works staff recommendation #2 which states: Increased density in the area would increase the traffic by the Splash Park and Carousel in Porter Park. With safety being the primary concern, the City currently installs speed bumps along 2nd South during the summer months to slow traffic down in this area. If the Zone change was approved, Public Works would recommend relocation of the Splash Park and Carousel.” Darrik Farmer seconded the motion. None opposed. Motion carried. 3. 6:55 pm – Rezone – Approximately 278 North 2nd West – Light Industrial (LI) to Medium Density Residential 2 (MDR2) – City of Rexburg The City of Rexburg is the applicant. Director Christensen explained there are 2 small pieces to clean up of a rezone that was originally done in 2013. He pointed out the property, which should have been included with the original rezone. The city is requesting to clean up the map by doing this additional rezone request for the specified property to change from LI to MDR2. Chairman Sutherland opened the public input portion of the hearing. In Favor: None Neutral: Lila Gold, from St. Anthony. She is on the P&Z Commission for Fremont County, and she has come here to listen and learn. She asked Val Christensen for a clarification. The original rezone proposal was approved a few years ago. Why was someone looking at records now? Was the error just stumbled upon? 7 Director Christensen said when the original rezone was done, the map showed the change properly, but the legal description left part of the subject parcels out. The error was discovered when Grace Baptist Church approached the city about its zoning. The property owner discovered the error. Opposed: Chad Hill, 1406 North 3800 East, Ashton. He is here on behalf of Ronald and Karlee Hokanson, who live at 355 North 2nd West, across from the David Beck apartment project. They are not necessarily in opposition to this zone change request, but at the original zone change request, promises were made to them that were not kept. Developer David Beck said he would work with the city to provide curb and gutter to the west and to the east, which is his responsibility if he was developing the property. The Hokansons have received an $11,000. bill (LID47 - Local Improvement District 47), regarding curb and gutter and sidewalk on their property. The road leads to nowhere and does not need curb, gutter or sidewalk without the development that is taking place across the street. They are very much lacking in trust of the City at this time. They do not feel they are going to be treated right. It is very traditional for the developer to bear all the costs of his development, not for the neighbors to pitch in and help them out. LID 47 is unfair, and they do intend to fight it. He urged the city to rethink LID 47 and who pays that bill. Bree Hepworth, 309 North 2nd West, said she is not necessarily opposed to tonight’s rezoning request but is opposed to Mr. Beck having them pay for curb and gutter and sidewalk, LID 47. Their bill is almost $13,000.They have approached Mr. Beck for possible help with the cost, and his comment was that it is in no way beneficial to him to help them out. She came to City Council and brought up that Mr. Beck was to do the curb and gutter.. The city said they would look into it and get back to her. She waited about a month and took it upon herself to look through past City Planning &Zoning minutes, and found it. She spoke to City Clerk Blair Kay, who checked with Public Works Director Keith Davidson, who said that was not what was meant in the meeting. It is not fair that they are being forced to pay for something like this. As Chad Hill said, it is a road to nowhere. It should not be the residents’ responsibility for curb and gutter and sidewalk. Keith Davidson was supposed to have her meet with the City Attorney, but she has not thus far. It is very frustrating. Chairman Sutherland suggested that Bree Hepworth make an appointment with Mayor Merrill and the City Attorney as her next step. . Director Christensen said there may be many things said in meetings during the discussions. An issue would need to be part of a motion of a rezone if the city is to hold to something. Steve Oakey commented that the residents have graciously acknowledged that they are not opposed to this rezone request but have a separate issue. That is very commendable of them. Unfortunately, the P&Z Commission responsibility does not encompass their concern. Written Input: This letter is part of the official record of this Public Hearing and was read by Chairman Sutherland: 1. Letter from Terry Hepworth - opposed to the proposal 8 9 Chairman Sutherland closed the public input portion of the hearing. Heidi Christensen motioned to recommend to City Council approval of a rezone from Light Industrial to Medium Density Residential 2 for the specified property located at approximately 278 North 2nd West. John Bowen seconded the motion. None opposed. Motion carried. Elect New Planning and Zoning Commission Chairman Val Christensen called for nominations for the position of Chairman of the Rexburg Planning & Zoning Commission. Steve Oakey motioned to nominate Heidi Christensen. Mark Rudd motioned to nominate Rory Kunz. Darrik Farmer motioned to nominate Bruce Sutherland. Heidi Christensen was elected as the new P&Z Commission Chairman by a majority vote. Unfinished/Old Business: None New Business: None Compliance: None Non-controversial Items Added to the Agenda: None Report on Projects: None Tabled Requests: None Building Permit Application Report: None Heads Up: April 20, 2017 P&Z meeting – Five hearings: 1.Conditional Use Permit – 707 South 5th West, Apt.#3902 – Requesting a Conditional Use Permit to allow a short-term rental in the MDR1(Medium Density Residential 1) Zone , per the Rexburg Development Code Ordinance No. 1115 - Quaker Ridge Rentals 2.Comprehensive Plan Map Amendment – 703 West 7th South - Commercial to Moderate-High Density Residential – Bron Leatham (Cook property) 3.Rezone – Approximately 1100 South 12th West – Low Density Residential 2 (LDR2) and Community Business Center (CBC) to Community Business Center (CBC) – Douglas S. Kauer 4. Rezone – City of Rexburg Area 1 - South Yellowstone Hwy - Requesting a zone change, from Community Business Center (CBC) and Light Industrial (LI) and Mixed Use (MU) To High Density Residential 1(HDR1) Area 2 - West Main - Requesting a zone change, from Medium Density Residential 1/Professional Office Overlay and High Density Residential 1 (HDR1) and High Density Residential 2 (HDR2) To Mixed Use (MU) 5. Cantemere Planned Unit Development (PUD) – Preliminary Master Plan/Preliminary Plat - Approximately 630 South Yellowstone Hwy - Kelly McCandless The meeting was adjourned at 9:11 pm.