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HomeMy WebLinkAbout04.20.17 P&Z Minutes 1 Commissioners Attending; City Staff and Others: Heidi Christensen - Chairman Brad Wolfe- City Council Liaison Melanie Davenport Natalie Powell - Community Development Compliance Officer Steve Oakey Greg Blacker Colton Murdock – Community Development Intern Rory Kunz Mark Rudd Elaine McFerrin – P&Z Coordinator Darrik Farmer Gil Shirley Bruce Sutherland Chairman Heidi Christensen opened the meeting at 6:31 pm. She welcomed those in attendance, including the audience, the City Council Liaison, and city staff. Community Development Director Val Christensen was excused. Roll Call of Planning and Zoning Commissioners: Attending: Steve Oakey, Darrik Farmer, Gil Shirley, Mark Rudd, Rory Kunz, Heidi Christensen, Bruce Sutherland, Melanie Davenport, Greg Blacker John Bowen and Richard Smith were excused. Minutes: 1. From Planning and Zoning meeting – April 6, 2017. Bruce Sutherland motioned to approve the Planning & Zoning minutes of April 6, 2017. Mark Rudd seconded the motion. Steve Oakey stated there was discussion at the April 6th meeting about the BYU-Idaho dormitory housing map. He asked that a link to the map be put in the April 6, 2017 minutes. Rory Kunz, Gil Shirley, and Melanie Davenport abstained for not having been present. None opposed. Motion carried. Chairman Christensen stressed to the Commissioners the importance of reading and reviewing the minutes, as they are the public record for meetings. Public Hearings: 1. 6: 35 pm – 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 Chairman Christensen explained the procedure that is followed for public hearings. The applicant will present the proposal. The Commission and the audience may ask the applicant clarifying questions rather than giving opinion at this time. The public hearing will open and those in favor, 35 North 1st East Rexburg, ID 83440 Phone: 208.359.3020 Fax: 208.359.3022 www.rexburg.org Planning & Zoning Minutes April 20, 2017 2 neutral, and opposed to the request may give testimony, stating their name and address for the record, and their affiliation to the proposal. If there is opposition to the proposal, the applicant has the right of rebuttal. If someone has already stated your opinion, please say you agree with them rather than repeating the same issue. 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. Julie Wilcox, 5499 West 1000 South, the applicant, presented the proposal, for a short-term rental at 707 South 5th West Apartment #3902, in the MDR1 zone. She owns 12 apartments in the Hyde Park development and wants to turn one of them into a short term rental. She has managed a cabin in Island Park for 3 years, so she has experience with this kind of rental. She will be in personal contact with her tenants. She lives in town and has a maintenance person who is very close by. Currently they have had a water disaster and are dealing with that while being in close contact with the tenants. She is there in person to sign any rental contracts face to face. She has not had tenant problems at Hyde Park or at her Island Park property. Steve Oakey said, “Julie, I'm going to ask you a question that may sway some members on this board and I guarantee that the city council will ask you. Do you have a manager on location or do you have a management plan?" Julie Wilcox said her management plan is with her in-town maintenance manager who can address issues. She will also be available. The next-door neighbors to the subject unit would also keep in close contact with her if there are any issues with parking, noise, etc. Gil Shirley asked if Julie Wilcox wants to have this short term rental for a long length of time. Julie Wilcox said she would like to do short-term rental for the long term. If the short-term rental does not work out, this unit would be a furnished apartment. An audience member asked if there would be just one unit that would be short-term rental, or if she would convert her other units also. Mrs. Wilcox said she would like to have just one unit of short term rental. Melanie Davenport asked for clarification regarding the couple next door helping to manage. Julie Wilcox said she will be speaking with them about this issue. Rory Kunz asked for clarification on the units Mrs. Wilcox owns. Julie Wilcox stated she owns twelve apartments (3 buildings). Two parking spaces are allotted for each apartment. There is plenty of parking. Five people would be the maximum in the unit - usually parents and family. Community Development Compliance Officer Natalie Powell clarified that the use is allowed with a CUP. Staff felt the request is a good fit in the MDR1 zone. Melanie Davenport asked for clarification on an on-site manager. Community Development Compliance Officer Powell clarified that the intention would be of a manager on site as Mrs. Wilcox had said regarding the neighboring tenants. The owner lives in Rexburg as does the maintenance person, so they will be readily available for any issues that arise. 3 Compliance Officer Powell clarified that the CUP goes with the specified property. There has been some discussion to allow this use by right in the MDR zone. Chairman Christensen opened the public input portion of the hearing. In Favor: None Neutral: None Opposed: Jake Blaylock, 697 Trejo, of Axiom Properties, which manages properties. He represents several buildings in the subject complex. The concerns of the owners is of tenants doing what they are supposed to do, such as proper dumpster usage, taking care of pets, and taking care of minor issues. If someone is there very briefly, they may not care to treat the place right. He stated that he feels Julie Wilcox, though, would do a good job as he is familiar with some of her rentals. Written Input: None Rebuttal: Julie Wilcox said she is right there to take care of any issues. She has not had any problems with the units she owns or with her tenants. She often picks up trash herself and asks her tenants to help. Compliance Officer Powell reiterated that Mrs. Wilcox could be there on a daily basis. Chairman Christensen closed the public input portion of the hearing. Steve Oakey stated as part of this discussion, he wished to inform everyone of two recent events that have occurred that would have some bearing on this issue today and in the future on short-term rentals in the city of Rexburg. The first item is the recently passed Idaho State legislature’s house bill No. 216 regarding short- term rentals in the state of Idaho. Section 2 of the bill states that “… Neither a county nor a city may enact or enforce any ordinance that has the express or practical effect of prohibiting short-term rentals or vacation rentals throughout the jurisdiction of such county or city….” Second, as reported in the Post Register newspaper, the city of Idaho Falls on April 15, 2017 passed without opposition an ordinance that reflects the State bill, to allow short term rentals in any residential zone in the the City of Idaho Falls. The City of Rexburg is experiencing a lot of controversy over this issue, but there has been precedent set. It would have some future bearing on the code that will have to be passed. There has been discussion about possible litigation against the City of Rexburg if the city does not follow Idaho State code. Rory Kunz said regardless of these current events that Mr. Oakey has cited, this particular CUP request fits the current planning and zoning rules in the city’s ordinance. Rory Kunz motioned to recommend approval to City Council for a Conditional Use Permit for 707 South 5th West #3902 to allow a short-term rental in the MDR1(Medium Density Residential 1) Zone, per the Rexburg Development Code Ordinance No. 1115. Darrik Farmer seconded the motion. 4 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 - Comprehensive Plan Map Amendment – 703 West 7th South - Commercial to Moderate-High Density Residential – Bron Leatham (Cook property) Bron Leatham, 1272 North Yellowstone Hwy. He is the applicant, representing the property owners, Karl and Molly Cook. Both landowners feel the best way to use this land would be that this piece would be part of the Phase 2 development of the Juniper Sands project. It will help facilitate the development and is a critical piece in resolving the traffic issue of Pioneer Road and 7th South. Nineteen acres have already been appropriately comprehensively planned and rezoned. The final plat will come before the Commission at their next meeting. They expect to break ground on the first phase in May 2017. Compliance Officer Powell did not have additional comments to clarify the request. Chairman Walker opened the public input portion of the hearing. In Favor: None Neutral: None Opposed: None Written Input: None Chairman Christensen closed the public input portion of the hearing and asked for the staff evaluation. Compliance Officer Powell stated that this is a kind of clean up to get this whole area planned and developed well. A staff review comment from the Public Works Department was that eventually “…. The property will need to have access off of the new road to the west.” The intent is for the applicant and the owners to join forces and move forward with this addition of property. Bruce Sutherland motioned to recommend to City Council approval of a Comprehensive Plan Map Amendment change, from Commercial to Moderate-High Density Residential, for the property at 703 West 7th South. Steve Oakey seconded the motion. None opposed. Motion carried. 3. 6:55 pm – Rezone – Approximately 1100 South 12th West – Low Density Residential 2 (LDR2) and Community Business Center (CBC) to Community Business Center (CBC) – Douglas S. Kauer Dennis Stevens, 971 Edinburg Circle, Ammon, Idaho. He is representing applicants Doug and Holly Kauer. A Comprehensive Plan map change was completed almost a year ago. There are approximately 40 acres. The map shows the parcel size is 76 acres. About 36 acres is already zoned Community Business Center (CBC). They are asking that the remaining part of the piece be zoned CBC. 5 There were no clarifying questions from the Commission and no further clarification from staff. Chairman Christensen opened the public input portion of the hearing. In Favor: None Neutral: None Opposed: None Written Input: None Chairman Christensen closed the public input portion of the hearing. Compliance Officer Powell stated that the requested zone change is Low Density Residential 2 (LDR2) and Community Business Center (CBC) to Community Business Center (CBC). From the Public Works staff review: “Water: -Existing 14” water line along north edge in University Blvd. Water line appears to end about 218 feet before west edge of zon e change. Water line would need to be extended before University Blvd is extended. Sewer: -Existing 10” gravity sewer line runs N/S through property, and along north edge of property, and flows to the high school lift s tation which is located just north of the property. Based on our discussion, high school lift station will have sufficient capacity for this development. Future upgrades to lift station will be necessary at some point when other development occurs. Streets: -Width of University Blvd. City currently owns north 50’ of required right -of-way (based on GIS) from high school property. When developed, will need additional 50’ from Kauer property all the way from 12th West. -Transportation Plan plans for University Blvd to be extended west. University Blvd is planned as a major arterial street. The refore, access to the property will be limited and any entrances will be required to align with high school entrances. (The University Blvd Extension drawing in the transportation plan is attached). -Transportation plan recommends interchange reconfiguration and installation of signal at University B lvd and US 20 now since LOS is already at F. Development will make LOS worse. -Transportation plan recommends installation of a traffic light at 12th West and University Blvd by 2040 to maintain acceptable traffic flow. A traffic study will be required for the development. If traffic study shows that signal is warranted, development will need to participate in cost of installing light. Construction of proposed frontage road on west of US 20, will also increase traffic to this intersection . Sidewalks/pedestrian: -Depending on type of development on property (e.g. restaurants), will create additional pedestrian traffic across University Blvd. Development will require sidewalk(s) along south side of University Blvd and cross walks aligned with high school sidewalks. Water Rights: -City needs irrigation water rights from parcel prior to development. Stormwater: -All stormwater will need to be retained onsite.” All of the issues would be addressed in a development agreement at the time of project development. University Blvd. would eventually connect to 3000 West. There would be a traffic study .The ITD (Idaho Transportation Department) has been contacted. At some point there may be a traffic light added when there is future development. Steve Oakey asked if all the Public Works comments have been discussed with the Kauers. The Kauers are aware of the issues. Mr. Oakey said this would not be a concern of the zone change as long as staff has things worked out with the Kauers and staff has contacted the state. Compliance Officer Powell said staff continues to work with the applicants on what will be necessary. 6 Dennis Stevens said this would eventually be an amazing development for the area. Bruce Sutherland said the request seems like a logical change for the area. Bruce Sutherland motioned to recommend approval to the City Council of a rezone from Low Density Residential 2 (LDR2) and Community Business Center (CBC) to Community Business Center, for the property located at approximately 1100 South 12th West. Melanie Davenport seconded the motion. It was clarified that there would be a development agreement in the future between the developers and the city. None opposed. Motion carried. 4. 7:05 pm – 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) 7 Community Development Compliance Officer Natalie Powell presented the proposals to change the city’s zoning map in two areas. The two areas have just gone through Comprehensive Plan Map Amendments that wenbefore the P&Z Commission and the City Council. 8 She explained Area 1 - South Yellowstone Highway as shown on the map. 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) Steve Oakey wondered how staff had come up with the particular properties that are included in this request. Compliance Officer Powell said several owners of properties and some developers had come to the city about possible rezoning. The city has stepped forward to request this zone change. An audience member expressed concern that future development may be 4-stories tall and that density would make the area very crowded. Compliance Officer Powell clarified that tonight the request is for just a zone change. Plans for future development are not known at this time. When plans for development of the land come forward, there will be more specific requirements including looking at density of a project, parking, and green space. The question before the Commission tonight is a land use zoning question – is this a good location for High Density Residential 1 zoning? From the audience, Harry Sutherland, 540 Gemini, stated he owns some of the subject property (550 South Yellowstone) and was concerned about the railroad track access. He asked if a road would be coming through. Compliance Officer Powell said clarification may come with a project. She reiterated that tonight is just a request for a zone change. Steve Oakey asked if Harry Sutherland was approached about the Comprehensive Plan change and the Rezone change. Mr. Sutherland would have received notification in the mail as a property owner. Mr. Sutherland said he received notification of the zone change request about 2 weeks ago. Chairman Christensen opened the public input portion of the hearing regarding Area1. In Favor: Harry Sutherland, 540 Gemini, said he would be in favor of the zone change to High Density Residential 1. Neutral: Bron Leatham, 1472 North Yellowstone Hwy. He is closely connected with the developers that actually do have a proposal for the southern portion of the specified property. All the property owners are not on same page. It is important to clarify that a rezone would not affect the property owners if they do not sell their property. As to the zone change, commercial development does not make sense at this location. Residential development makes more sense. It is a high density area already. All the high density developments around the subject property have amenities. To say that the area may become over-densified is not correct; he thinks the city is doing the smartest thing for the area, rather than spreading the density out. He is in favor of the rezone. He is neutral regarding other concerns. A rezone is not going to change the existing businesses. 9 Opposed: Clint Hansen, 948 North 4000 West. He works for Bettenhausen Idaho LLC, who owns some of the subject property. Their business relies on the railroad crossing. The access is important. Semi- trucks come in daily. His understanding is a new road would be detrimental to their business. His biggest concern is high density zoning. There would be children in an area with frequent large trucks, which is a safety issue. Jake Blaylock, 697 Trejo. He takes care of much of the properties surrounding the subject area. He is concerned about suffocation of the area with higher density. Written Input: None Chairman Christensen closed the public input portion of the hearing. Natalie Powell clarified that the city has no intention of taking an access away or putting a road through. No one is being pressured to do anything. The City will review any housing development project that may come forward. The developers would be required to have green space, and there are density limits. She reiterated they are not talking about a project tonight. Projects would be reviewed when they are submitted to the city. The request is for a rezone of the specified property. City staff feels high density residential zoning is best for this area. Steve Oakey reiterated that he was concerned about how staff determined what properties would be part of this request. Compliance Officer Powell stated she spoke with several owners of the property. When city staff looks at areas of potential growth, they try to determine the best areas for the growth. If some proposals have been spoken about with staff, and there has not been any movement on areas because of zoning, the city may come forward to request a zone change. Bruce Sutherland wanted to reiterate what Mr. Leatham brought up. The businesses are grandfathered. As long as the businesses are there, they would not be affected by a zone change. Steve Oakey said he is not concerned about how the owners manage their property. That is their business. He is concerned with why city staff without initiative from property owners moved forward on this request and the previous Comprehensive Plan Amendment request. Compliance Officer Powell clarified that owners did come forward, and they expressed interest in a zone change. The majority of property owners are on board. Gil Shirley clarified that with the rezone, if the business stays, there would not be any change for them. Darrik Farmer thought it made more sense to have residential zoning for the specified area rather than the current zoning. Greg Blacker thought it might be better to leave it up to individual owners to request to rezone their property. Area 1 motion Bruce Sutherland motioned to recommended approval to City Council of a Rezone Change for the Area 1, South Yellowstone Highway,as specified , to change from Community Business Center, Light Industrial, and Mixed Use to High Density Residential 1 as presented. 10 Gil Shirley seconded the motion. Steve Oakey said that Community Development Compliance Officer Powell has clarified that the majority of the property owners have requested this change in zones. Those in Favor: Those Opposed: Bruce Sutherland Greg Blacker Gil Shirley Heidi Christensen Mark Rudd Melanie Davenport Steve Oakey Darrik Farmer Rory Kunz Motion Carried. Community Development Compliance Officer Powell presented Area 2 for the requested rezone, the West Main area as specified. 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) Compliance Office Powell explained that the requested zone change is to the Mixed Use zone. Developers have spoken to staff about possible projects for the area that would not fit any other zone. It is a good area to have mixed use. There is already a mix of residential and commercial here. Staff believes it is a good fit and a great location. The area would maintain a neighborhood feel.The City would like to clean up the zoning here. A rezone would remove the professional office overlay that is over much of the area. There were no concerns expressed from Public Works. Melanie Davenport said by changing the zone, it would allow more options. Compliance Officer Powell said that was correct. It was clarified there is now a Mixed Use Zone rather than a Mixed Use 1 and Mixed Use 2 as part of the City’s Development Code. Compliance Officer Powell said the city is trying to get rid of the overlays so there is actually a clarified zone. Chairman Christensen opened the public input portion of the hearing. In Favor: None Neutral: Kelly Sluder, 593 East 4th South. He owns the property at 279 West Main. It is a State Farm Insurance office. He is concerned about what the uses are in the MU zone (Natalie Powell explained there are many uses including buildings with business on the ground/lower floor and with 11 residential on the above floors). His major concern is how many apartments and people would be coming in, and how Main Street will look as people enter the town. He likes the new assisted living development, which fits the area well. He does not want to see an overload of apartments. He would like to see something other than high density housing. Bron Leatham , 1472 North Yellowstone Hwy. As a developer who owns property in a Mixed Use zone, he wanted to give his insight that Mixed Use zoning is really cool if it works, but it is very difficult to make mixed use work. Be wary about doing a lot of mixed use. He is not a huge fan. Opposed: Tammy Sluder, 593 East 4th South. She owns the property 279 West Main , a State Farm Insurance business. If a new proposed development went in, could it be like the Northpoint development with business on the ground and apartments above? ( It was determined that Mixed Use would allow 30 units per acre). It was clarified by Steve Oakey that questions cannot be answered during public testimony. Public testimony needs to stay focused with being for, neutral, or against the proposal Tammy Sluder said she is against having a lot of residences on Main Street. There should be things that are inviting. She feels her business is the type that we want to have on Main Street. To have a nice community feel to the area would be wonderful. She does not agree with the possibility of there being a lot more residences. Written Input: None Chairman Christensen closed the public input portion of the hearing. There were no further comments from staff. Area 2 - motion Steve Oakey motioned to recommend approval to City Council of a Comprehensive Plan Map Amendment change for the Area 2, West Main area as specified , from Medium Density Residential 1/Professional Office Overlay, High Density Residential 1, and High Density Residential 2 to Mixed Use. Darrik Farmer seconded the motion. None opposed. Motion carried. 5. 7:15 pm – Cantemere Planned Unit Development (PUD) – Preliminary Master Plan/Preliminary Plat - Approximately 630 South Yellowstone Hwy - Kelly McCandless Chairman Christensen explained that the applicant has requested that this PUD application not move forward at this time, as they have encountered some issues. The request would be tabled tonight and would move forward at a future P&Z meeting. Chairman Christensen opened the public hearing for the Cantemere Planned Unit Development (PUD) – Preliminary Master Plan/Preliminary Plat - Approximately 630 South Yellowstone Hwy At the request of the applicant, this PUD application would be tabled. 12 Bruce Sutherland motioned to Table the Cantemere Planned Unit Development (PUD) Preliminary Master Plan/Preliminary Plat application request, to be brought forward at a future P&Z meeting. Steve Oakey seconded the motion. None opposed. Motion carried Unfinished/Old Business: None New Business: None Compliance: None Non-controversial Items Added to the Agenda: None Report on Projects: None Tabled Requests: See above Cantemere PUD Preliminary Master Plan/Preliminary Plat Building Permit Application Report: None Heads Up: May 4, 2017 P&Z meeting: 1. Annexation & Rezone – Approximately 950 Barney Dairy Road – Rural Residential 1 (RR1) and Transitional Agriculture 1 (TAG1) to Low Density Residential 2 (LDR2) – WR Holdings LLC 2. Final Plat – Stonebridge Subdivision Division No.2– Approximately south of Woodbridge Street – Harper Leavitt Engineers 3. Final Plat – Juniper Sands – Approximately 801 West 7th South – Bron Leatham The meeting was adjourned at 8:15 pm.