HomeMy WebLinkAbout04.19.18 P&Z Minutes_exppdf
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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.
1. 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
35 North 1st East
Rexburg, ID 83440
Phone: 208.359.3020
Fax: 208.359.3022
www.rexburg.org
Planning & Zoning Minutes
April 19, 2018
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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.
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2. 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:
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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
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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:
1. 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
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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.
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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
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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:
1. (18-00141) Approx. 300 E 7th N – Rezone
2. (18-00163) 148 S 2nd E – CUP: Dormitory
3. Parks & Trails Plan
May 17, 2018
1. Arbor Cove CUP: Dormitory
2. 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.