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HomeMy WebLinkAbout01.04.18 P&Z Minutes_exppdf 1 City Staff and Others: Brad Wolfe – City Council Liaison Craig Rindlisbacher – City Planner Stephen Zollinger – City Attorney Tawnya Grover – P&Z Administrative Assistant Chairman Heidi Christensen opened the meeting at 6:30 p.m. Roll Call. Present: Chairman Heidi Christensen, Mark Rudd, Greg Blacker, Steve Oakey, John Bowen, Darrik Farmer, Gil Shirley, Rory Kunz, Kristi Anderson, Council Liaison Brad Wolfe (Not voting). Absent: Bruce Sutherland, Melanie Davenport. Roll Call of Planning and Zoning Commissioners: Minutes: From Planning and Zoning meeting – December 7, 2017 Steve had a concern with pg. 18 where the first motion was made, he doesn’t think the full import motion is adequately recorded. He requests the audio be reviewed and more comprehensive minutes be made. Steve motioned to implement the state statute be city code. Melanie made a substitute motion. He was of the understanding that if a motion was made and seconded, it needed to be voted on. The audio will show it was not voted on. The city attorney allowed Melanie’s secondary motion to subsume his motion and they voted on Melanie’s motion. “Commissioner Davenport moved to make a substitute motion to amend the development code for short-term rentals with the recommendation of the short-term rental task force.” He doesn’t think the verbiage the short-term rental task force recommended was used. The task force recommended the Commission use the verbiage in the state statute. After the first motion was made, there is not a comprehensive recording of the conversations that take place. Motion: Steve Oakey makes a motion to not accept the minutes as recorded. He asks Tawnya review them and make a more comprehensive description of this particular portion of the minutes of the meeting. Action: Approve, Moved by Steve Oakey, Seconded by Rory Kunz. Vote: Motion passed (summary: Yea = 7, Nay = 1, Abstain = 1). Yea: Chairman Heidi Christensen, Mark Rudd, Greg Blacker, Steve Oakey, Darrik Farmer, Rory Kunz, Kristi Anderson. Nay: John Bowen. Abstain: Gil Shirley. 35 North 1st East Rexburg, ID 83440 Phone: 208.359.3020 Fax: 208.359.3022 www.rexburg.org Planning & Zoning Minutes January 4, 2017 2 Public Hearings: 1. 6:35 p.m. (#17 00740) to Annex the property in the Impact Area at approximately 4 West Moody Road in a Transitional Agricultural Zone (TAG1) into the City of Rexburg. The zone will remain Transitional Agricultural (TAG1) – Bron Leatham Bron Leatham - 1272 N. Yellowstone Hwy. in Rexburg. He is seeking annexation. The property is adjacent to city limits. The long-term plan is to rezone the property. To simplify the process, it is simpler to annex, then comp. plan change, and rezone. There are 26.35 acres. The location is ¼ mile West of Wal-Mart. Roll Call. Present: Chairman Heidi Christensen, Melanie Davenport, Mark Rudd, Greg Blacker, Steve Oakey, John Bowen, Darrik Farmer, Gil Shirley, Rory Kunz, Kristi Anderson, Council Liaison Brad Wolfe (Not voting). Absent: Bruce Sutherland. Steve Oakey asked Craig Rindlisbacher for city limits to be located and current location of utilities. Steve asked if Clements were contacted to include their land in the annexation. The land actually belongs to the Sakotas. Bron did not pursue including them in the annexation, because they already have their own well and septic. Bron personally met with most of the owners surrounding the property. The main message he tried to contact would be: in the future, the city would probably like to see more of this area to be annexed. The bigger a light industrial area, the more useful the area will be to the City. Steve asked if Bron talked to the Sakotas. The Sakotas’ intent, from Bron’s meetings with them, is they plan to remain on their land long-term. During the acquisition of the property, the access was moved from between the two homes at 78 West and 66 West Moody road to the east side of the home at 78 West Moody road, and for buffer, additional space was added to the rear of the property to make the two properties cleaner on the title. Gil asked is the Hegsted property in the city limits? The property is in city limits. Craig Rindlisbacher showed the city limits boundary and the intersection of Moody and N 2nd E is where the city utilities currently stop. Chairman Christensen asked for any other clarifying questions. None. Chairman Heidi Christensen opened the public input portion of the hearing at 6:42 p.m. Favor: None Neutral: None Opposed: None Written Input: None Rebuttal: None Chairman Heidi Christensen closed the public input portion of the hearing at 6:43 PM. She invited staff to report. Craig Rindlisbacher says there is a need to run utilities to the property. John Bowen talked about utilities running down Moody rd. They are currently on the east side of the Hegsted property. Greg Blacker asked if there was a plan for Moody road to go across the highway? The utilities would be 3 Mr. Leatham’s responsibility to build them out to the parcel? Craig Rindlisbacher understood this is the developer’s responsibility. He did not know of a plan for Moody road to cross the highway. Steve Oakey asked about widening the road as development increases. The frontage is extremely narrow. Craig Rindlisbacher said there have been staff discussions with Bron about the circulation patterns in this area. This will come in the next step for the comprehensive plan map change. Steve Oakey mentioned these details, because there are a few notes on the public works review which talk about street widening. John Sakota’s property will be impacted by a road widening. Commission deliberation. Motion: Move to recommend to City Council to approve the applicant’s request of annexation at approximately 4 West Moody Road, because the land is adjacent to current city limits. Action: Approve, Moved by Darrik Farmer, None seconded. Vote: Motion carried by unanimous roll call vote (summary: Yea = 10). Yea: Chairman Heidi Christensen, Melanie Davenport, Mark Rudd, Greg Blacker, Steve Oakey, John Bowen, Darrik Farmer, Gil Shirley, Rory Kunz, Kristi Anderson. Chairman Heidi Christensen closed the public hearing at 6:48 p.m. 2. 6:45 p.m. (#17 00756) Conditional Use Permit – Ivy – Adam Montierth to reduce visitor parking to 3% as allowed by the Rexburg Development Code in the Pedestrian Emphasis District (PED). The zoning for the property is High Density Residential One (HDR1). The said parcel is located at the comer of S. 2nd W. and W. 7th S in Rexburg, Madison County, Idaho. Adam Montierth – 251 N 4520 E - Rigby. He is an employee of Ball Ventures who owns the Ivy Apartments. His job is to make sure the people in the Ivy have a good and positive experience. He is hearing the complaint that there is visitor parking, why can’t we park there? A reduction from 10% to 3% is being requested. He has read the staff report and he understands their concerns. After meeting with staff, a reduction to 6% was determined to reduce visitor parking from 90 to 54 stalls. The managers have a good relationship with the booting company, but do not encourage predatory booting. The Ivy has a management plan in place to manage parking. The Conditional permit is conditional, and can be revoked at any time. Chairman Christensen asked for any other clarifying questions. None. Kristi Anderson is confused, based on the narrative statement that was provided to Planning & Zoning. clarified the visitor numbers in the submitted application. Adam answered the numbers were incorrect. Currently there are 90 visitor parking stalls, and the applicant is requesting a reduction to 54 visitor parking stalls. The applicant would probably reduce by 32 visitor parking stalls, based on how the parking stalls are set up in sections of 32. 36 stall reduction gives the Ivy the flexibility to add more, should they find a need. John Bowen asked, when a person rents an apartment in the Ivy, can they park in any of the stalls they want? Adam said, yes, the stalls are designated as “tenant”. Adam says, they never oversell their tenant parking stalls. The parking stall permit is sold with an apartment contract, if needed. The current visitor parking stalls being transitioned to tenant stalls will allow more revenue for the Ivy. Visitors can park in tenant spots. John wants to take the visitor parking spots and 4 charge extra for the use of those spots. A huge chunk of the Ivy’s parking for their 900 beds remains empty, because they are designated as visitor parking. The Ivy’s previous CUP had the current conditions of 10% visitor parking. The CUP was seven years ago. The City ordinance has changed since the Ivy’s original CUP to 3% and this is what prompted the request. If the Ivy was building brand new, today, they would not have the 10% requirement they do now. Kristi asked what the initial Conditional Use Permit required? 17% for tenants of 900 was the percentage. Steve asked if tenants are parking in the street. People who are not tenants of the Ivy come to use the visitor parking for the day and walk to the campus. Nauvoo Houses’ visitors park at the Ivy, when Nauvoo Houses’ visitor parking is full, and walk over to Nauvoo. Confronting these offenders, has not been successful. Melanie Davenport said part of the agreement was parking off site. The off site is part is in the L-Lot of the school, the tenant gets a permit from the school, and the school communicates to the Ivy the permit has been purchased, and the Ivy provides a discount on their contract. The Ivy has the correct number of visitor parking stalls, but not enough tenant parking stalls. Another parking lot was anticipated at the time of the original CUP to be built by the University and it would provide part of the Ivy’s parking, but that lot was never built. The Ivy has a shuttle to help with parking. The open space designated to be the parking lot is now filled with something else. Greg Blacker asked about parking overnight for visitor parking. Visitors cannot park in visitor stalls without an emergency or overnight pass. After curfew, no one is able to park in the visitor parking stalls. (The tenants are allowed to now, as a result of new ordinance. Those slots need to be vacated before 10AM.) Chairman Heidi Christensen opened the public input portion of the hearing at 6:58 p.m. Favor: None Neutral: None Opposed: None Written Input: None Rebuttal: None Chairman Heidi Christensen closed the public input portion of the hearing at 6:58 PM. She invited staff to report. Stephen Zollinger. The Ivy was a test project in response to the demand for increased capacity of student housing. If the city would allow the applicants to build these complexes with massive numbers and adjust the parking requirement inside the Pedestrian Emphasis Zone (PEZ), the university would monitor that and if at some point helpful, they would construct a parking lot. The University had identified a tentative location. The agreement was a large parking lot on the South side of the ropes course. Tenants from any unit would be able to use the lot in the weekends. It would be a remote location. The University decided it was not effective. The secondary plan was to purchase overnight parking passes. Overnight passes can be purchased for the L-lot. The city did not anticipate the change, but it seems to have worked. No other apartments have dipped as low as 17% for their parking. 17% is not adequate. Students bring their cars and don’t buy contracts, but park on the street. December 15-March 1 where you can’t park on city streets. The Ivy proved you can’t go down to 17%. The 10% was a residual of that experiment. Over the last 2 years, the City Council has worked with the University and Off-Campus Housing. 2 surveys have been done and a reduced number of about 68% of students have a car was found. Based on the surveys, total number of beds, and proximity of other visitor parking 3% is not a right, it is as low as it can be; an 5 option. The numbers on the surveys were skewed based on the use of others in their visitor parking. 3% will not work at the Ivy. 10% is too much leaving an island of empty stalls. Staff were comfortable with a 6% recommendation. John Bowen asked if the survey report is in the paperwork. During surveying, not all of the visitor parking at the Ivy were in use. Steve Oakey requested Melanie’s expertise. 10% is a lot of visitor parking, especially because they are working on a walking campus. Housing located directly around campus; everything is walkable. She feels 6% is a good compromise. The survey was extensive, done over several months with a variety of properties and ownership styles. The University, City, and property owners, and police department were all in collaboration and well done. Motion: Motion to approve the request for reduced parking to the 6% recommended by the City and agreed upon by the applicant as an appropriate amount for visitor parking on the grounds that current code allows for such a reduction, it would increase the number of parking stalls for the complex for its residents, and the need for an increase of usable stalls on off-campus parking lots. Action: Approve, Moved by Rory Kunz, Seconded by Kristi Anderson. Greg Blacker is pro-parking. Every time he shows up to do his work, there are many parking stalls to use. He says there are tons of cars parking out on the street and many empty spaces in the lot. Vote: Motion carried by unanimous roll call vote (summary: Yea = 10). Yea: Chairman Heidi Christensen, Melanie Davenport, Mark Rudd, Greg Blacker, Steve Oakey, John Bowen, Darrik Farmer, Gil Shirley, Rory Kunz, Kristi Anderson. Unfinished/Old Business: None New Business: None Report on Projects: Tabled Requests: None Building Permit Application Report: None Heads Up: January 18, 2018 Hearings: 1. 6:35 pm (#17 00787) to change the Comprehensive Plan Map from Transitional Agriculture One (TAG1) to Light Industrial at approximately 4 West Moody Road in the Impact Area for the City of Rexburg, Madison County, Idaho. 2. 6:45 p.m. (#17 00772) to change the Comprehensive Plan Map from Neighborhood Commercial Mixed Use to Moderate–High Density Residential for 248 West 3rd South in the City of Rexburg, Madison County, Idaho. Motion: Makes a motion to adjourn, Action: Approve, Moved by Greg Blacker, Seconded by Darrik Farmer. None opposed. Motion carried. The meeting was adjourned at 7:10 p.m. until January 18, 2018.