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HomeMy WebLinkAbout01.17.19 P&Z Minutes_exppdf 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: Present: Melanie Davenport, Greg Blacker, Steve Oakey, John Bowen, Rory Kunz, Kristi Anderson, Keith Esplin, Vince Haley, Todd Marx. Absent: Bruce Sutherland, Darrik Farmer, Council Liaison Brad Wolfe. Minutes: From Planning and Zoning meeting – January 3, 2019 Motion: Motion to set the minutes, Action: Approve, Moved by Melanie Davenport, Seconded by Vince Haley. No discussion. Vote: Motion carried by unanimous roll call vote (summary: Yes = 9). Yes: Greg Blacker, John Bowen, Keith Esplin, Kristi Anderson, Melanie Davenport, Rory Kunz, Steve Oakey, Todd Marx, Vince Haley. Chairman Rory Kunz explained the hearing procedures. Public Hearings: 1. 6:35PM - (18-00701 & 18-00711) Lorene Street Comprehensive Rezone – Amending the zone from Community Business Center (CBC) to Medium Density Residential 2 (MDR2) at approximately 250 E to 450 E 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 17, 2019 2 Staff Introduction: Attorney Stephen Zollinger introduced the area of the proposed zone change which has gone through a Comprehensive Plan Map change due to the relocation of some of the commercial businesses in the old Wal-Mart area. The Comprehensive Plan is a visioning map that must be complied with; it is intended to show a concept of growth for the community. The area between the old Wal-Mart and Stonebridge subdivision was designated at this time as commercial. The original Wal-Mart relocated to the north. The Economic Development staff determined this area was no longer desirable as a commercial area but would be more viable as a transitional zone from the commercial to the residential area. The Comprehensive Plan change was from Commercial to Low to Moderate to allow the buffering to occur. The Comprehensive Plan was approved. Tonight the request is a rezone request for the commercial properties to Medium-Density Residential 2 for apartment complexes consistent as a buffer between commercial and single- family homes. The idea is a gradual increase from 4.3 units per acre in Stonebridge to the density for an MDR1 (Medium-Density Residential 1) zone, which is 16 units/acre, or a MDR2 (Medium-Density Residential 2) zone, which is 20 units/acre. A slightly higher density may be allowed with some incentives with a Planned Unit Development. Staff is aware about the concerns at the intersection on 7th North and 2nd East. The intersection is being redesigned. The funding for changes to that intersection is primarily in place. $2 million of the $3.5 million has been obtained and the plan has been turned over to the state for a match of funds. ITD has to run the money through an intensive process. There is tentative approval, but formal approval is anticipated when the transportation board meets again the first part of February. The intersection at the railroad tracks where 2nd East and North Yellowstone Highway meet, would be removed and the intersection at 7th North and 2nd East will be modified by the city or the State of Idaho. Prior to the intersection reaching critical failure, the intersection will be modified by the State of Idaho or the City of Rexburg. The Comprehensive Plan must be complied with. The intention is to show the concept for intended areas of the community. The map has been updated to match the approved Comprehensive Plan Map change. Stephen Zollinger identified the Comprehensive Plan Map change area on the GIS map. One of the lots was previously nonconforming, however the 3 desired zoning was already in place. The Comprehensive Plan Map change has made this parcel compliant. Steve Oakey asked who has first rights to see the development through on these parcels. Stephen Zollinger reviewed the original owners, the Willis Walker family, who owned most of the land to start out with. The land was divided among other family members. Mr. Oakey commented that each individual property owner has the right to maximize their properties how they would like. He asked what level of direction or interference the city wants to take in telling the property owner what to do with their property. Attorney Zollinger replied the City directs the property owner’s use as it is consistent with the community’s best interest. The Staff reviews the proposal for infrastructure, engineering, and planning then presents to the committee of citizens (Planning & Zoning Commission) to determine if the requested change balances with the community’s best interests. The Comprehensive plan is the growth plan for the community and give the property owners the right to maximize their use within that plan which is a range in the plan. For example, if the property owners were coming forward for a heavy industrial use next to single-family homes, this may maximize their property for them, but would not be in the best interest of the homeowners. This particular zone change request is in compliance with the Comprehensive Plan. Commissioner Davenport asked if staff considers Envision Madison results when looking at the Comprehensive Plan and zone changes? Attorney Zollinger replied yes, and staff believes this request is consistent with Envision Madison data. Any changes in data points, have been factored in by the staff, who worked on Envision Madison, and these individuals are all currently employed by the City. Commissioner Haley asked pending the approval of the ITD funding in February, when does the city estimate the construction would take place for the 2nd E intersections. Attorney Zollinger answered, the construction is dependent on two factors, 2nd E is a State highway; two proposals are being discussed: 1) The State would turn this over to the City and let the City take the primary lead or 2) the connecting road at Thomson Farms that would connect with 2nd E, which is not a state road. Much of the project is not State highway, but interfaces with the highway. If the State runs with the project, it would slow the project down. The current mindset is the State would allow the City to design and develop the project, and the State would simply fund 50% of the unfunded amount. The remaining $1.5 to $2 million is the funding the State is determining. If the City takes it and designs it, the City anticipates completion by August, during the seven-week break of the University. Commissioner Haley asked, worst case scenario, adjustments to the intersection will still be done. The Chamber of Commerce may be lost without the whole project approval. The driving force is the truck traffic coming out of Basic American. The City’s funds would go to signalizing the 2nd E and 7th N intersection and other changes would be put on hold until the state could catch up. Does the increased traffic at Basic American Foods put the intersection at critical failure? Attorney Zollinger replied no, it wouldn’t. There are already housing areas that are moving forward that do not require any more public hearings. Housing areas were identified on the GIS map. Whether this is a failed intersection or not, the City recognizes this intersection as a problem. At any time, you see 4 traffic take alternative driveways, the City does not see a requirement of more cars to make changes to the intersection. Chairman Rory Kunz asked the Commissioners if they had any clarification questions for staff. None. Presenter: Bron Leatham – 720 Cornelison Ave. – Mr. Leatham said the proposal is pretty simple. He has been working with city staff. He did not expect quite the concerns from residents. He has the 3 ½ acres for the application to rezone from Commercial to a medium density, which would be MDR2, similar to the density on Yellowstone Highway where 4-plexes are going in. This area is 20 units/acre. He does not intend to build 4-plexes; he intends to put more units in a single building. He referred to his development on the south side of town which is next to the LDS Stake Center on 7th South, the coper-colored buildings, which is HDR2 and 42 units/acre. The development will be community housing. He is going from a commercial to what is considered a lighter use than what commercial could be in Rexburg. This is his 3rd public hearing on this project and he will have five more public hearings to allow public input. At each stage, there are more and more requirements. Once the zoning is in place, he knows what density he can build up to, then he uses this parameter to design the project, using the market to guide him. Development and platting plans still need to be brought before the public. The closest property is 400’ from the property line of Stonebridge. There is a 20-acre parcel between his parcel and Stonebridge that is already zoned. Right now, only three residents are affected by changes in their backyard, because much of the development is platted but lies undeveloped. When plans are presented, these three neighbors should come in and voice their concerns and requests. There will be a road between what he is doing and the next property. He is a local, 4th generation Rexburg resident, and he owns two businesses in town. He wants to see things developed and done well; a quality product that works. He has an employee that lives in Stonebridge and they have worked together for 20 years. He doesn’t want to negatively impact her or her community. No matter what, growth and development are undesired. A room of those who lived on larger acreages may have happened when Stonebridge was introduced. Residents of Stonebridge are probably grateful now, they have a nice place to live. When Bron gets to the platting stage, a traffic study will be required. A traffic study determines the additions the development will make to the area problems and the developers have to pay to help fix the problems. Most of the problems already exist because of other developments that have been allowed to happen, including Stonebridge. His business is a mile down the road and he would like to talk with neighbors to work things out. Please call Bron at 208-351-3044. Commissioner Greg Blacker asked about the roads. Lorene Street and Carlow Drive will have to be built as part of Bron’s project and be connected. Most likely when the 20-acre piece is developed, the stub on the west side of Stonebridge would have to be connected as well. Commissioner Kristi Andersen asked if Bron Leatham was representing both parcels. Bron is not representing both applicants, only as the owner of the smaller parcel. The representative for the larger parcel will speak after Bron is finished. Bron met with this other applicant to work with him. Bron made the initial application, so that is why he is the lead in the presentations. 5 Commissioner Oakey is not opposed to outside money coming into the community and there is an educational facility that supports the community out of Utah. He is going to assume that Mr. Leatham has run the numbers to determine he is filling a need in the market. Mr. Leatham indicated he does not have any immediate plans at the moment; the entitlements need to be in place before a project is designed; he knows the cost and he knows what interest rates are going to do. The building he just finished is a 56 unit/building and it is pre-leased and it won’t be finished for 4 more months. He has not had a vacancy in two years. Commissioner Bowen clarified the zoning has been Community Business Center (CBC), which is retail and service, and now Mr. Leatham wants to change it to residential. Commercial needs to be seen from the main roads, and this property can’t be seen from the road. This area is back behind current commercial. Commissioner Bowen sees no problems with the proposal. Blake Jolley – Connect Engineering – 1150 Hollipark Dr., Idaho Falls – Mr. Jolley has also been working with city staff. He added that the zoning falls within the range that is allowed in the Comprehensive Plan. Blake read, “The MDR2 zone is established to act as a buffer between single –family dwellings and a non-single-family zone (Development Code).” The City with the Idaho Transportation Department (ITD) are working together to make the intersection at 2nd East and 7th North a safe one. Mr. Jolley commented that if the best use for this area was commercial, it would probably already have been developed. The big box stores have moved further north because their traffic counts were better there and better access. He identified the 10-acre piece that he represents. Commissioner Oakey thanked Mr. Jolley for bringing his money to Rexburg. Chairman Rory Kunz asked the Commissioners if they have any clarification questions for the applicant. There were none. Chairman Rory Kunz opened the public input portion of the hearing at 7:11 p.m. He identified the only two parcels that are being requested for zone change on the GIS map. If someone wants to develop the 20 acre currently zoned parcel, they would not need to come to public hearing. Those in favor: Neil Erickson – 679 Mill Stream St.– Mr. Erickson believes if the area is developed into commercial, some commercial could come in with big lights and would impact the line of homes. Industry could come in that makes noise all night long. Many of the residents moved to Stonebridge for somewhat country living and some quiet. The alternative could be much worse than what is being requested. He originally did not think there would be a buffer. He asked if medium-density would allow two-stories. He does not see another use of the land that would be conducive to single-family homes. The parcel that the neighborhood needs to watch is the 20- acre piece. Carlow was a concern; many negative effects. Attorney Zollinger responded, MDR allows 40’ high and single-family allows 30’ maximum. The problem with MDR2 going 40’ high, you end up with a lot of empty land around it. He does not see another use of land would be more conducive to the single-family homes. He welcomed the applicants to the neighborhood. 6 Those neutral: Natalie Eysser – 635 Canyon Springs Dr. – Ms. Eysser’s experiences in her life makes her less concerned; she has been in this same situation before. She grew up in Harriman, Utah, in the southwestern part of the Salt Lake Valley where it was completely farm country. In the beginning, zones were slowly changing and building starting occurring and growing; now, 15 years later, they are having major infrastructure issues. They don’t have enough roads to safely evacuate people if there was an emergency. She believes that the City does not currently have the infrastructure in place for the zoning. There is no place to build roads, put in fire stations, etc. for the zoning that was created. Ms. Eysser said as a City we need to look at everything going in this area and determine the maximum amount of people allowed in this area. She is worried about the funding and infrastructure not being in place already. She feels that we do need more apartments and more people need homes, but she doesn’t want the same thing to happen to Rexburg that happened in Harriman, Utah. She would like to see a planned growth in Rexburg. Sharlynn Randall – 472 Woodbridge St. – Ms. Randall agrees with Ms. Eysser. She would like to limit the buildings to one-story. Her main concern is traffic. She has a 16-year-old that is starting to drive and she won’t let her turn left onto 2nd East. She has seen how impatient people get at this intersection. She wants the infrastructure in place before the application is approved. Tammie Bagley – 623 W Stonebridge St. – She is concerned about the traffic. Some of the roads are held together with paving patchwork. Ms. Bagley has seen dump trucks dumping snow and dirt in the LDR1 section to the southeast of Stonebridge (658 E 7th N). One of the three houses is hers that abuts the MDR1 buffer. She is hoping for lower height on the apartment complexes. Please consider the traffic flow problem before building in this area. Brett Jeppson – 1013 N 9th E - Mr. Jeppson indicated he is not against Mr. Leatham’s proposal. His neighborhood pretty much missed out on the rezone for MDR1. People were misled when the Carlow Apartments went in. He thinks the traffic is already in a critical stage. He knows at one time there was a proposal down behind the Albertsons for a road to connect to the light at Albertsons. He believes we as a community need to be proactive. Opposed: Laura Rhien – 637 W Stonebridge St. – Ms. Rhien is not against the proposal and wants to work with the city and developers. She agreed with those who have spoken previously. She has no problem with progress and has many neighbors that are BYU-I faculty. Gary Chapman – 674 Tanglewood Dr.– Mr. Chapman understands the need of Rexburg to grow and he is not opposed to that growth. The growth has to be measured and fit a Master Plan. There are so many people here, not so much for the properties being discussed, but in general all the legal requirements for Carlow were met, the process was not done in a way the community was informed and allow them to participate. The whole area was not taken into consideration. Those of the residents who use the intersection at 2nd E and 7th N, who use the intersection daily, would disagree this intersection is failing. Many are checking out the sales at Big5 Sports to check out the sales to connect with Loraine. There is a turn lane at Loraine, that does not exist at the intersection of 7th N. Gary referenced the large trucks driving onto the road at this 7 intersection and the number of those trucks; a wise driver yields to size. He proposes that not until all the funding in place, the intersections are designed, the plans are ready to be built, and there is a clear construction timeline, the zoning should not be approved. At the very least, he wants a guarantee that no platting is approved before that light is put in place. He is not against the zoning; he would prefer the zoning by MDR1 instead of MDR2. He is against the timing without the security of the light. He identified the light at Teton Village and proposed two points of egress. This would allow better traffic going in and out of this area. He knows the owner of gravel pit zoned LDR1 is working on filling it and many semi-trucks are using 7th N. The road is cracked and uneven, and the aprons are poorly defined and those in place are not being maintained causing the road to be a safety issue. Rich Adair – 663 Stonebridge St. – Mr. Adair sent a letter and asked if the Commissioners received his letter. They have. He said he is one of those property owners that was impacted significantly by the Carlow Apartments. He no longer has privacy in his backyard. The Carlow Apartments lowered his property values. The home belongs to the estate of his mother and he knew the home could not be sold. He approves of the buffer between the Stonebridge backyards and the church. He would like the City to consider proposals for streets in this area. He does not have a problem with the zoning proposed tonight. Cindy Cooper – 682 W Stonebridge St. – Ms. Cooper commented that she is not truly in opposition. She wrote a letter when Laura Rhien first brought this to the attention of the neighborhood and that letter was distributed among the neighbors receiving 60 signatures outlining most of the statements that have been made tonight. She firmly requests the signal be in place, with the heavy trucks that already use the road. She has small children and she worries she would not be able to allow her children to play in her front yard with the increased traffic. Words such as “planned” and “intended” have been used in respect to the traffic light. Neighbors would like this to be a concrete promise before any ground is broken there. The apartments were described as community apartments, but they most definitely will be filled at least to some degree by students. She prefers the area to be low density instead of medium density. She realizes the neighbors cannot effect the MDR1 zoning that is already in place. She repeated Gary Chapman’s idea about connecting roads. Cindi Wakefield- 471 Woodbridge St. – Ms. Wakefield agrees with what has been said and this is what she wrote in her letter. 8 Laura Rhien’s daughter – 637 W Stonebridge - Multiple schools are on the road that 7th leads to. She rides her bike to school, with the broken-up road, it is hard to not have the cars swerve; it is dangerous. She suggests a sidewalk. Aaron Jensen – 668 Stonebridge – He agrees with what has been said. He has six kids less than ten years old. He has little boys that are a little crazy. He would like to see the lights and the roads fixed. Pamela Adair – 663 Stonebridge St. – Ms. Adair lives directly behind Carlow Senior Apartments. She believes the new Wal-Mart created a lot of the traffic problems on 7th N. She would like to propose for consideration to create a buffer as a park in this area. A park could be a buffer in the MDR1 area between the single-family homes and more housing. The property is privately owned and the park land would have to be purchased. Idris Tokhi – 614 Tanglewood Dr. – Mr. Tohki agrees with has been said as far as what has been proposed. Mr. Tokhi’s biggest concern is the transparency of the City. He would like to know the plan for a strong network of roads. Carlow Senior Apartments is an example of what was promised with the structure and the parking lot proposed as a buffer from homes; this was not delivered. The housing area in Stonebridge is full of beginner-type homes. He is from California and has seen high-density. The sale of his home and reinvestment is dependent on the transparency of the City. Chairman Kunz closed the public hearing at 7:51 PM. Written Input: (see following pages) *Read for the Record. 9 10 11 12 13 14 15 From: David Bell [mailto:david@bellblack.com] Sent: Thursday, January 17, 2019 5:12 PM To: Deborah Lovejoy Subject: Letter for city council meeting 1/17/2019 Hi Deborah, I would like this letter read in city council today if possible. It pertains to the intersection of 2nd east and 7th north. I am on the traffic safety committee. Thank you. David Bell My name is David Bell. I am a life resident of Rexburg and own Bell Black Insurance in Rexburg. In the course of my business I see many traffic accidents, usually caused by inattention of drivers but at times caused by physical circumstances such as the layout of an intersection and traffic flow into such. I am writing today because I am concerned about the safety of the intersection of 2nd East and 7th North. My son was a passenger in an accident at that intersection last week. He was not hurt, but the next person may be. With the opening of the new Walmart store, traffic has increased substantially in that intersection both North and South bound making it more difficult than it already was to turn left from 7th North onto 2nd East going South into town. In addition to the increased traffic flowing North and South through the intersection, several other factors were already affecting the safety of the intersection now have become intensified. Some of the contributing factors a re: a large number of employees at Basic American turn left to get to work blocking the intersection if there happens to be space; the light to the North never stops traffic coming from the North as they are either coming through a green light on 2nd East or merging with a green light from the State Highway; the gas station on the corner often has unpredictable traffic merging as well. You can wait for an opportunity for a long time. In my experience, the longer you wait at an intersection the more risk you take to get through it. The area that uses 7th North as an access to 2nd East already has a large number of residents and is growing as we speak. There are over 80 occupied homes on 7th North and in the Stonebridge sub-division with more to come in phase 2, several businesses and the Carlow apartment complex. By the end of this year there may be over 100 residential units on 7th North. The area is also set to grow with phase 2 of Stonebridge and two large parcels marketed toward development. Currently, if there are 1.5 cars per household, I estimate there would be over 350 west -bound to south-bound merges per day in the intersection in question. These residents are left with few other options. Using Moody Road is not practical as it is ten minutes out of the way and you would be merging with high-speed traffic on the state highway or crossing the same. There really is not a practical and safe option to turn right (North) and then have a place to turn around to go south again not to mention the difficulty in even turning North. Cutting through the parking lot of Big 5 and the other busin esses to get to Lorene St only removes a couple of risk factors while adding others such as through traffic in a parking lot. Something needs to change in the intersection. I know there are many factors that I may not be aware of but I would strongly suggest that the Traffic and Safety Committee and Rexburg City Council consider putting a stoplight at this intersection for reasons of both safety and improved traffic flow . Such a light should be able to be timed to allow traffic to flow on second East while giving the opportunity to merge from the state highway and 7th North. The light at Mountain River may no longer be necessary depending on what goes into the old Walmart location. The light on Teton River Dr would likely be able to handle the parking lot for most things that would come in. I understand that part of 2nd East is a state highway, but it is our city. I feel that for the safety of our residents we should be clear with the state th at this needs to change soon. In 2016 the traffic safety committee suggested the city ask the state to do a study. I use the intersection several times a day and have never seen a study happening. Thank you for your service to our fine community. Only by working together can we make our community great. David Bell Rebuttal: Bron Leatham - He apologized about his comment regarding outside money; he enjoys seeing the growth and investment that investors bring to Rexburg. How is 7th N going to get fixed? Ryan Andersen is going to fix the road in front of his development and put in a sidewalk, because that is what the city requires. This is a positive improvement. Bron and Ryan will build the road connections with Lorene and Carlow. The people who are currently part of the problem existing right now will not be paying for this improvements. Development brings new infrastructure. He personally does not want his taxes increased to pay for infrastructure. We are trying to work together to improve the area. He is serious about his statement to contact him to be totally informed. Steve Oakey suggested Blake Jolley give out his number too. Blake Jolley shared 208-681- 8590. Blake Jolley spoke about his appreciation for the community involvement this evening and their professionalism. As this area is developing, if you want to see what is taking place, 16 please come in and visit with the city; standards have to be met. The City Engineer looks at the streets and levels of surface to determine improvements required. He will have the traffic counts that may justify why this intersection is not at critical status. He invited the members of the community to come into the City to see their plans; the City is very open about the master plan with streets. He repeated the developers improve the streets to current standards. Blake is happy to meet with the residents. Chairman Rory Kunz stated the Commissioners have all received the letters that have been submitted. Those letters will be entered into the public record. The board will discuss the presentation for the zone change of the two parcels. There will be multiple opportunities as the process moves through development. Commissioner Oakey asked Attorney Zollinger to address the traffic issue and future roads, the Carlow Senior Citizen home and safety for children and how the city provides for a safe environment. Stephen Zollinger addressed the area to the south is not in public right-of-way, it is privately owned driveway shared as a joint easement for the parcels behind the commercial businesses. When the parcel comes in for development, the city would look for an exit out of the parcel on the south side of Albertsons which would require a purchase of the land. 7th N has been a city street for a number of years, but it is not even close to the top of the priority list for maintenance of streets. We don’t have the tax base to maintain the roads we already have and acquire a deficit of approximately $1 million per year. We welcome additional businesses that increase our tax base, but doesn’t increase our road mileage. As parcels develop, the road of 7th N will be improved as a requirement of the City. The City doesn’t know how the Stonebridge Subdivision was put in without widening the road, he only knows there was discussion at the subdivision proposal this may happen at a later date. A condition of the development of the two proposals tonight will be intersection and completion of the connection of Loraine and Carlow, which allows an acceleration lane. Until the 20-acre parcel develops, there is no legal means in which the City could require the road to go north to connect with Carlow and Lorraine. He identified an area that will be under contract as a park with two accesses available and tie in with the walking path along the river within the next month to the east of Stonebridge. There is a walking path along the south of the Stonebridge subdivision along the river that is part of the plan, which will come up and a bridge will be created to access the park. Land was given to facilitate access to the paths and parks in the subdivision plat. The City is looking toward the future. The City works with the school district to provide safe transportation to school. The City coordinates with the school on a regular basis. If there are not places where children can wait for buses or cannot travel safely to the schools, the City works with the school district to provide solutions off the lane of travel. Natalie will put this on the traffic safety committee’s agenda for discussion at their next meeting. Stephen Zollinger had some health concerns over the last few years, and he was not present for the Carlow discussion. He is not aware of any circumstance when the City knowingly deceives the public. There are times the City staff thinks they understand the concerns of the public, and they end up missing the mark, but it is accidental. He is not aware of plans to put the parking lot on the other side of the building; if there was someone missed it. Single-family homes with two-story buildings behind them is not an easy thing to prohibit. Setbacks could have been used to distancing to put the balconies further from the single-family homes. Idaho does not allow for prescriptive conditions for sunshine or horizon laws. Carlow went through 17 all of the hearings and did not garner as much public interest. The City staff view the community residents as their first property. Kristi Anderson asked about the schools. With all the development coming in, will the community have enough schools? How does the city pay attention to the schools and plan for that? This is the area for Adams Elementary. Attorney Zollinger responded, the City meets with the school district on large construction projects. The development will have a minimal impact on Adams Elementary student numbers. The school district does have a good model to determine the impacts of the developments and they will raise a red flag. Summerfield was given as an example. 2nd E does have school bus stops. If this area is not on the school bus route, there is room at the Stonebridge subdivision to create a pull-out, but this decision is left to the safety committee. Natalie will talk with the school district to allow a safe pick-up. Chairman Rory Kunz suggested the Commission deliberate concerning the proposal. Commissioner Keith Esplin thanked the audience for their involvement, courtesy and consideration. He was involved in a zone change several years ago in Bingham County, and it wasn’t near this positive of an experience. He believes good community involvement leads to better outcomes in the long run. Commissioner Steve Oakey would make a motion if no one else does, to approve the request due to the good transition. This is a tough piece of property to develop commercially. He thinks the City and state are well ahead of addressing the community’s issues concerning the conditions of the roads. The developers will be responsible for the building of the roads. City staff has recommended the Commission approve this request. He will wait for further discussion. Commissioner Greg Blacker says this is what we want in this part of the city. Putting housing in this area closer to their destinations, will cut down traffic in other areas of the city. He has faith that the City will put a stoplight in this area. As far as safety in widening the road and building the sidewalk, he believes this will improve the neighborhood. Kristi Anderson’s concern is what if the light does not go in? Is there any point in our process where we can stop the process before the light goes in? Chairman Rory Kunz responded, the request currently is just for a zone change. There are many more steps that will be a public hearing before structures are being built. Attorney Zollinger said the rules at this intersection are not met, yet. The State has a hierarchy and the state has to fund the change if the intersection meets the warrants. The warrant is a defined number that has not been met yet. 7th N is not the worst east-west crossing over 2nd E. There is a limited amount of government funds. To handle the maintenance deficit, the City stretches the street life cycles. If we allow development, the warrants are more easily met. The state will plug the new units into their system and determine where the warrant falls on their hierarchy. The State has already acknowledged this is a bad intersection, whether it comes up with the right warrant number or not. The non-typical intersections reach critical before the typical intersections. The funds through the state are being determined through the State’s safety program. The off-ramps are currently at critical stage for the State Improvement Plan potentially in 2024. At the development phase, a recommendation could be made that the funding for the intersection be in place first; however, this kind of condition will be tough to defend. The State has developed a very finite system. Commissioner Davenport said looking at the proposal, the buffering that it provides, the close proximity to parks and trails, the close proximity to banks and grocery stores, this looks like an amazing, walkable community. It is a great neighborhood plan. She feels many neighborhoods would be envious of the connectivity this area offers. She is for the proposal. 18 Steve Oakey reminded the Commission they would be denying the two property owners the ability to move forward in their process by placing the discussed conditions on the motion. Mr. Haley thinks that the Commission vote on what the zoning would enable the developer to do. He believes the zone change needs to happen immediately. If Bron was not here tonight, a commercial building could be put in tomorrow without any permission from the neighborhood. The current height under the current zoning is 65’, under the new zoning the height is 40’. Under the current zoning, the minimum lot size is 5 acres with 75% coverage and no landscaping required. Under the new zoning, there is a maximum of 20 units per acre with 20% landscape coverage. In his mind, if he lived in Stonebridge, he would be all in favor of this proposal. When the Comprehensive Map change was made, staff stated all the infrastructure was in place. The traffic light scheduled to be improved this summer, could not happen any quicker if you were developing the land and doing this yourself. Motion: Motion to recommend to the City Council to change the zoning from CBC to MDR2 on these two properties because there is a buffer between this proposal and the single- family residents, the traffic and the state are ahead of the issues, the developers will be responsible to improve the roads, and the City Staff have recommended the request, Action: Approve, Moved by Vince Haley, Seconded by Melanie Davenport. Commissioner discussion. None. Vote: Motion carried by unanimous roll call vote (summary: Yes = 9). Yes: Greg Blacker, John Bowen, Keith Esplin, Kristi Anderson, Melanie Davenport, Rory Kunz, Steve Oakey, Todd Marx, Vince Haley. This proposal will be considered by the City Council February 6th. Chairman Rory Kunz asked about discussion regarding the tabled Development Code item. Steve Oakey suggested significant time would be needed to discuss his marked up areas and he was under the impression there was no hurry. A suggestion was made to continue to table the development code. However, Kristi Anderson, realized there are also three hearings at the next meeting. Kristi Anderson talked about the training videos. She has noticed many people in the community don’t know what is going on. We could possibly do better on contacting the public. One of the videos mentioned a possible voluntary email system, where people provide their email, and neighborhoods are notified when items in their area are happening. The letter we sent them out could include the criteria to provide information vs. causing the community to dig for information. Chairman Rory Kunz was concerned about writing a letter without creating bias. The information would be from the Development Code; it is not a feeling or judgement. Frankly, no one sees the notices in the paper; this is the most expensive way to advertise. The state requires the places the notices have to be placed. Kristi Anderson asked about the availability of interns. Todd Marx talked about the State requirements to put the notice in the paper and post on the property. Tawnya Grover talked about the mailings that go out to the neighborhoods. Letters go out to parcels that are 350’ from the parcels that are involved with future hearings. She is required by State law to mail to parcels within 300’ from the parcel that is changing. The mailings have to be mailed 15 days before the actual hearing night. 19 Chairman Rory Kunz talked about the impossibility of notifying everyone who might want to be concerned with a certain application. Most of you were at the meeting with Scott Johnson when he talked about 50% of the land in the downtown being off the tax rolls. These properties include the University, the church houses, the County and the City properties, which do not collect taxes. There are limited funds; you are asking for more resources without the ability to support them. He is open to suggestions, but we have to keep these items in mind. John Bowen asked about the University’s roles and their help with roads and the history of the University helping with the roads. Vince Haley understands the points that have been stated. Outside of his involvement in the Commission, he was in close proximity of the blue water tank, but he was not in the 350’ to get a letter about the changes. He would support some easy way to communicate. The young families in his neighborhood did not have time to invest in researching the information to be involved. The City does have a Facebook page and the staff is available to answer questions. Natalie Powell suggested the Commissioners can inform and involve their neighbors about what is going on in the City. Chairman Rory Kunz asked about assigning a task force. It would be the task force’s responsibility to determine an inexpensive way to find a solution. MOTION: Steve Oakey nominated Kristi Anderson to head up a task force to determine a way to inform the public that will be economical. Vince Haley seconded the motion. Chairman Rory Kunz suggested any of the Commissioners could volunteer to be on the task force, but members of the community will also need to be part of the motion. Vote: Motion carried by unanimous roll call vote (summary: Yes = 9). Yes: Greg Blacker, John Bowen, Keith Esplin, Kristi Anderson, Melanie Davenport, Rory Kunz, Steve Oakey, Todd Marx, Vince Haley. Melanie Davenport asked if the Commission would have a say in how the intersections were fixed. Tabled Requests: 1. (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) Stephen Zollinger presented the Development Code to the County Commissioners. They were comfortable for this version to be the document for the Impact Area. The Commissioners agreed all Commissioners should be present for the discussion for all potential changes and suggestions. He suggested the Commissioners come talk to Tawnya about clarification. Potential work meeting night to do nothing but Development Code changes and get it forwarded to the Council with a proposal. Keith Esplin requested an explanation for the reference sheet that was passed out to all the Commissioners tonight. Tisha Flora came to her with a similar old reference sheet she had been 20 using and she wanted a copy for someone. However, once Tawnya looked at the sheet, she realized some of the information was not up to date or correct. So, Tawnya created a new similar document with the information found in the Development Code. The City Councilman received the quick sheet last night and now the Planning & Zoning Commissioners are receiving a copy. This allows the Commissioners to compare the zones like Vince Haley did this evening. The colors line up with the GIS map and a previous document handed out in the Commissioner training documents. Melanie Davenport found the document to be useful tonight. Tawnya has been receiving requests from the public to contact the Commissioners directly by phone or email. This request has become more frequent. She was uncomfortable giving this private information to the public. A sheet about “open meeting laws” was also distributed. Citizens should not be approaching the Commissioners directly. This situation is difficult to avoid. Please understand anything they disclose of a personal capacity must be disclosed in the meeting. Sharing the conversations in meeting allows this information to be part of the deliberation process. Chairman Rory Kunz shared the parcels should not be viewed prior to a meeting. Commissioners come with a set of knowledge, including issues throughout the community. Your decision should be made based on the information all Commissioners have. If this is something you want to do, we rent a van, you all go out to the property, and Tawnya takes notes while you talk about what you are seeing. Technology now allows you to see all relevant information to help you make educated decisions. Commissioner Melanie Davenport wanted to part of the discussion about the atypical intersections. Commissioners probably will not be involved in the design, the City and State engineers will determine the design based on their studies. At this point, the City and State Engineers have designed the intersections based on their transportation studies. The Sugar City flow may be altered. It looked like a complicated issue, so she though the Commission may be involved in the deliberation. The Commissioners proposed a work meeting for January 31, 2019, at 5:30PM. Tawnya will provide food and email a reminder. Building Permit Application Report: None Heads Up: February 7, 2019: Hearing: 1. (18-00712) 146 N 1st W – Rezone from HDR1 to HDR2 2. (18-00709) 150 E 2nd N – Rezone from CBC to MU 3. (18-00708) 150 E 2nd N – CUP for Dormitory Housing Presentation: 4. (18-00699) 7th & Stonebridge - Preliminary Plat 21 The following is a letter provided at Planning & Zoning meeting. This is not a letter the Commissioners were able to consider or read prior to the meeting tonight. 22 23 24 25