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HomeMy WebLinkAbout01.03.19 P&Z Minutes 1 City Staff and Others: Scott Johnson – Economic Development Stephen Zollinger – City Attorney Natalie Powell – Compliance Officer Tawnya Grover – P&Z Administrative Assistant Chairman Rory Kunz opened the meeting at 6:30 p.m. Roll Call of Planning and Zoning Commissioners: Roll Call. Present: Bruce Sutherland, Melanie Davenport, Greg Blacker, Steve Oakey, Rory Kunz, Kristi Anderson, Keith Esplin, Vince Haley, Todd Marx. Absent: John Bowen, Darrik Farmer, Council Liaison Brad Wolfe. Minutes: From Planning and Zoning meeting – December 13, 2018 Motion: Motion to approve the minutes as recorded, Action: Approve, Moved by Steve Oakey, Seconded by Todd Marx. Vote: Motion passed (summary: Yes = 8, No = 0, Abstain = 1). Yes: Greg Blacker, Keith Esplin, Kristi Anderson, Melanie Davenport, Rory Kunz, Steve Oakey, Todd Marx, Vince Haley. Abstain: Bruce Sutherland. Chairman Rory Kunz reviewed the rules for the public hearing. Public Hearings: 1. 6:35PM - (18-00612) Lorene Street Comprehensive Plan Map Change – Amending the Comprehensive Plan Map from Commercial and Open Space to Low to Moderate Density Residential at approximately 250E to 450E 7th N. Two landowners have come forward in this same area to rezone for future development. (action) 35 North 1st East Rexburg, ID 83440 Phone: 208.359.3020 Fax: 208.359.3022 www.rexburg.org Planning & Zoning Minutes January 3, 2019 2 Bron Leatham – 1272 N. Yellowstone hwy. - presented the application for Lorene St. There are actually two applicants. The parcel is behind the old Wal-Mart, which is the old Davenport property. He is proposing to change the Comprehensive Plan from Commercial to Low to Moderate Density. The ultimate goal is to do an MDR2 zoning. There is more market demand for multi-family housing. Originally, Bron wanted to go to a higher density. The City has some concerns with high-density north of the river. Keith Davidson had concerns about the traffic in this area. Bron anticipates connecting Lorene Street and Carlow Drive. He anticipates the traffic will go to Carlow and north to 7th N. He does not have an imminent plan to develop and wants to see some of these things happening first. A traffic study will be completed at the time of platting. There are some sewer capacity limitations on 2nd E.; a solution is being worked on. Drainage will be handled on site. These items would be addressed when he comes forward with a development plan. He anticipates the size of probably between apartments and 4-plexes; some may be a condominium product rented and others sold. It makes sense to have the residential near the commercial instead of continuing to push it to the outskirts of the community. He originally brought the proposal forward. Since then, other parcels were included in this proposal. Chairman Rory Kunz asked for any other clarifying questions. Kristi Anderson was confused about the areas included. Bron Leatham said he approached the city and the city did not want to do a spot change to the Comprehensive Plan for only his parcel. The 20 acre Grover property is already zoned for residential, but the Comprehensive plan doesn’t match the zoning. That is probably why they are not here; they do not need the change the Comprehensive Plan to do what they want. The 10 acres and Bron’s property do need to be changed. Stephen Zollinger, City Attorney, explained the area the Commission is seeing tonight does include all the properties Bron has shown. After the relocation of Wal-Mart, from the City’s design perspective, this area began to be designed towards residential as opposed to commercial. Bron Leatham suggested this Comprehensive Plan change provides a transition from the commercial to the single-family residential neighborhood, Stonebridge. 3 Barry Baine – 1150 Hollipark Drive - Connect Engineering – Representing the applicant. He is working with the owner or soon-to-be owner of the northwest 10-acre property included in this proposal. He is also pursuing multi-family housing. The property around the church is also being developed by Connect Engineering. Both properties have different owners, and Connect Engineering has already spoken to the City about their plan. Stephen Zollinger referenced the potential changes for the intersection at N 2nd E and 7th N. The Rural Planning Organization (RPO) is looking at reconfiguring the intersection by the railroad tracks. They are working towards funding for the intersection and signal light changes in this area. Water capacity is more than adequate due to the local water tower. The traffic project will begin in the spring with the expansion of Basic American. Staff believes this application is in the best interest of the community right now. Keith Esplin asked if he is seeing plats on the map? Stonebridge has been platted, but only one lot has been sold. Building has not continued. It is viable for development into single- family residential immediately. Kristi Anderson asked why the assisted living center was included in the Comprehensive Plan changes. Their parcel was included to bring them in to consistency. They are already zoned medium-density and did not consist with the Comprehensive Plan layer. It is a clean-up for this property. Mr. Leatham’s property is currently zoned commercial. This change with the Comprehensive Plan is in anticipation that Mr. Leatham will come back with a proposal for a zone change to match. Vince Haley asked about the intention of the roads with Lorene and Carlow. If the Leatham development continues, Lorene and Carlow would intersect. Greg Blacker asked about widening 2nd N. As the properties develop, developers adjacent to the road will be required to dedicate right-of-way to create consistent width. The power lines are on a deeded easement. The road may transition a little bit with an atypical design because of the power lines. Barry Baine stated the property to the north has already dedicated the right-of-way to match what is in front of the church. Chairman Rory Kunz opened the public input portion of the hearing at 6:50 p.m. Favor: None Neutral: None Opposed: Justin Hodges – 532 Sunflower Rd – He used to live off of 9th N and traveled down 7th N on a daily basis and he is currently building off of Russell road. His concerns were the saturation points for transportation and infrastructure. Rexburg seems to be continually adding more apartments. Is it Rexburg’s responsibility to provide housing? Currently, on 7th N it takes a long time to wait and turn out on to 2nd E. He likes hearing a signal is being planned on 7th N. He is wondering why the infrastructure is not put in place before the zoning is changed? He wonders why the City can’t get out in front of the proposals instead of being reactive. Written Input: None Rebuttal: Bron Leatham – How does the infrastructure get paid for? The developers pay for infrastructure. The City is not generating money to pay for the changes. Basic American is driving the changes for the transportation in this area. It is not the City’s role to provide infrastructure to provide opportunity for developers. When you create infrastructure, you double and triple property values. The only way the City generates money is through taxes, and he doesn’t think most of the citizens want higher taxes to create more development. Development is typically how infrastructure gets paid for. 4 The city of Rexburg is protecting property rights, not providing housing. Property owners have the right to develop their property. Developers have the right to see a market demand and try to meet that market demand. If there are too many apartments, the developer will pay for the consequences. He is not building apartments and they are sitting empty. He built 150 apartments south of town and they are all leased up 4 months before they are finished. There is still a demand and market opportunity. Chairman Rory Kunz closed the public input portion of the hearing at 6:55 PM. He invited staff to report. Justin Hodges spoke from the audience and the chairman requested further comments could possibly be discussed after the meeting. Commission Discussion: Bruce Sutherland wanted to clarify this is not a zoning discussion, this is a change to the Comprehensive Plan. Half of the property proposed on the application is currently non-conforming. The Comprehensive Plan is the planning, vision map of the city; it is where the City sees development happening in the future. Kristi Anderson said she thinks it makes sense that residential is planned for this area. She addressed Mr. Hodges and his concerns, especially the traffic prior to development. The State controls Highway 33 and Highway 20. They don’t allow things to be built until there is a need. This proposal looks like a natural progression. Steve Oakey says that Mr. Leatham adequately defended his position. He heard in these chambers several years ago that Teton County was vigorously providing roads and infrastructure in anticipation of growth. After the housing market collapse, Teton County then became responsible for property and roads that were no longer inhabited. If the City was to envision and guess where growth was to take place and put the infrastructure in place, and in the event that no one decides to inhabit the area, the City becomes responsible. Motion: Motion to recommend the City Council approve the application to bring the Comprehensive Plan in to conformance with some of the existing zoning., Action: Recommend, Moved by Steve Oakey, Seconded by Bruce Sutherland. Keith Esplin confirmed the changes to the roads and intersections would be prior to development in this area. The City is meeting Mr. Hodges request. Vote: Motion carried by unanimous roll call vote (summary: Yes = 9). Yes: Bruce Sutherland, Greg Blacker, Keith Esplin, Kristi Anderson, Melanie Davenport, Rory Kunz, Steve Oakey, Todd Marx, Vince Haley. 2. 6:40PM - (18-00684) - Development Code Omnibus – Repealing and replacing Ordinance 1115 to make layout, organizational adjustments, and amendments to the document containing substantive and non-substantive items. (action) Rory Kunz asked if anyone from the public was specifically present for the Development Code hearing. Seeing none, he has talked to several of the Commissioners, and they have not sufficiently reviewed the changes. He recommends this item be tabled. Attorney Stephen Zollinger clarified the changes put before the Commission do not constitute substantive changes. It is a rearranging and organizing of the content that has already been passed in previous ordinances passed by this body in the last year to 18-months. There are a couple of minor changes new to this rendition that clarified Mixed Use density that could increase with a parking structure. This is more of a codification. Tawnya can tell you if an item you are looking 5 at is a change or an item that was moved to a better place. A lot of latitude was given to Tawnya. She was not making changes to policies and procedures. The City does not expect you to go through every item. This adoption is refining the format. There is more work to be done to the content to possibly simplify or withdraw some of the requirements. That is not what this adoption is doing. The Development Code will be presented in three weeks to the County Commissioners for adoption for the Impact Area. Steve Oakey would like to review and make sure all of the changes have been made. The last time Steve studied a paper copy, there were some significant changes, including project scoring removed. He considers this a major change. He has not gone over the current changes to see if the exclusions have been made. Stephen Zollinger clarified the new changes are directives the Commissioners have proposed. There should be no surprises except the parking structure item that was pushed out to the Commissioners yesterday. The parking structure item was in response to developers to communicate parking structures were not prohibited. This allows a density credit for building parking structures to incentivize developers. You know the City is looking at building a parking structure near housing. This item was brought up in staff meeting yesterday for non-commercial projects. We have a couple developers who are looking at housing projects in close proximity to the downtown, but can’t quite make it pencil with the density limits. The two developers are highly interested and one of them wants to get to 38 units per acre. Steve Oakey asked about time constraints. This ordinance needs to go before the Commission at the next meeting. Steve Oakey says he will be ready in the next two weeks. Commissioner Rory Kunz asked for any other clarifying questions. Melanie Davenport likes to read everything put before the Commission. She likes to write notes in the margins and have it to look at during the meetings. Stephen Zollinger says it has gone almost two years before recodifying. This attempt is also to reconfigure or organize in addition to a codification. MOTION: Motion: Motion to table this application until next meeting to enable a more thorough review., Action: Table, Moved by Steve Oakey, Seconded by Kristi Anderson. VOTE: Motion carried by unanimous roll call vote (summary: Yes = 9). Yes: Bruce Sutherland, Greg Blacker, Keith Esplin, Kristi Anderson, Melanie Davenport, Rory Kunz, Steve Oakey, Todd Marx, Vince Haley. Physical final copies can be provided for the Commissioners. We direct the public to the electronic version. Applications can now be submitted digitally through a public portal. The City is transitioning to the digital. The City maintains several copies of the printed version of the Development Code in the City offices. Let Tawnya know before leaving today. Commissioners requested a copy when the final is passed for Ord. 1200. Natalie, Tawnya, and Will are carrying the weight of the Planning & Zoning Department. If you have questions, ask them. The City is taking a deliberate role in replacing Mr. Rindlisbacher. Unfinished/Old Business: None New Business: None Report on Projects: Tabled Requests: None Building Permit Application Report: None 6 Motion: Motion to adjourn., Action: Adjourn, Moved by Kristi Anderson, None seconded. Motion passed unanimously. Heads Up: January 17, 2018: Hearing: 1. (18-00701 & 18-00711) Lorene Street – Rezone to MDR2 Presentation: 2. (18-00699) 7th & Stonebridge - Preliminary Plat