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HomeMy WebLinkAbout01.02.20 P&Z Minutes_exppdf1 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 6:30p.m. Roll Call of Planning and Zoning Commissioners: Present: Chairman Rory Kunz, Melanie Davenport, Steve Oakey, Vince Haley, Kristi Anderson, Keith Esplin, Todd Marx. Absent: Bruce Sutherland, Greg Blacker, John Bowen, David Pulsipher. Chairman Rory Kunz wished everyone a happy new year. Minutes: From Planning and Zoning meeting – December 5, 2019 MOTION: Action: Approve the minutes for December 5, 2019, Moved by Keith Esplin, Seconded by Steve Oakey. No discussion on the motion. VOTE: Motion passed (summary: Yes = 6, No = 0, Abstain = 1). Yes: Chairman Rory Kunz, Keith Esplin, Melanie Davenport, Steve Oakey, Todd Marx, Vince Haley. Abstain: Kristi Anderson. Chairman Rory Kunz reviewed the hearing procedures. Public Hearings: 1. 6:35PM – Carrie Kostial - 236, 246 and 264 N 3rd E – Rezone from Low-Density Residential 1 (LDR1), Low Density Residential 2 (LDR2) and Community Business Center (CBC) to Medium Density Residential 1 (MDR1) (19-00710). The request is needed to change a former daycare to a 4-plex. Several adjacent properties have been added to this request to create a larger, uniformly zoned area. (action) Carrie Kostial – 882 Parkside Drive – The property she is interested in changing is 236 N 3rd E. She had a former daycare there and would like to change the property to a 4-plex. Carrie needs a rezone to comply with the density of a 4-plex. She signed a Restrictive Lot Covenant document to tie the two lots together to meet the density, landscaping and parking requirements. The Restrictive 35 North 1st East Rexburg, ID 83440 Phone: 208.359.3020 Fax: 208.359.3022 www.rexburg.org Planning & Zoning Minutes January 2, 2020 2 Lot Covenant has been given to the City Clerk to be recorded. She has submitted the Easement Agreement to the City as well. Commissioner Steve Oakey indicated on the Staff Report for the conditions of approval, the Commissioners strike the need for a Restrictive Lot Covenant. Also in the Staff Review, Commissioner Melanie Davenport identified an access requirement. The Easement Agreement is in the Commissioner packet. Staff Report: Alan Parkinson, City Planner – When Carrie came to change the zone, Staff looked at the area around the parcels requested. Jeffrey M uench and the townhomes at Brentwood have been cleaned up. The southern point of Brentwood Townhomes is zoned incorrectly for its density. One spot in Brentwood is Community Business Center. Alan identified a cell tower where the Community Business Center zoning is to the north. Brentwood is not looking at making any changes. The Comprehensive Plan complies with these changes. Steve Oakey asked about coordination with neighbors. Brentwood was on board to clean up their property. Jeffrey Muench was concerned about his taxes and the affect this change would have on the amount of taxes he pays. Alan Parkinson identified the area for a new quad baseball field. The Junior High property was identified. Barney Dairy road was shown. Commissioner Kristi Anderson said the property at Brentwood looks like it is already zoned Medium -Density Residential 1 (MDR1). Most of the property is mostly zoned MDR1, but there were a few areas within their borders that had issues. Brentwood Townhomes is already built out except for their park area. At this point, Brentwood is not look at making any changes. The requests for this rezone match the Comprehensive Plan. Staff recommends the change be approved. Since the Staff Report was written, Carrie has submitted a Restrictive Lot Covenant for landscaping, parking and density. The easement has also been received. Chairman Rory Kunz asked the Commissioners if they had any conflicts of interest or had been approached by any parties relative to this particular subjec t. If you believe your prior contact with respect to this subject has created a bias, you should recuse yourself, otherwise at this time please indicate the nature of your conversation or contact. Chairman Rory Kunz opened the public input portion of the hearing at 6:43 p.m. Favor: None Neutral: Victor Rounds – 2989 E 1st N, Idaho Falls - representing Brentwood. The top right corner is part of the Brentwood Townhomes. Victor Rounds asked for the measurements of the top right corner. Staff could get Victor a copy of the plat showing Brentwood Townhomes. Victor asked about changes in taxes. Stephen Zollinger said there should not be any changes to the taxes. How does this change affect their park? The zoning of the park will change today to match the zoning of the rest of Brentwood. Could another townhome be built where the park is currently located? If the density of the land zone and the land area allows more buildings, then additional units could be added . Opposed: None Written Input: None Rebuttal: None 3 Chairman Rory Kunz asked if anyone else would like to speak? He closed the public input portion of the hearing at 6:46 p.m. MOTION: Recommend to City Council to approve the request for a zone change from Low Density Residential 1, Low Density Residential 2 and Community Business Center to Medium Density Residential 1 because this request seems pretty clean and straight forward. Action: Approve, Moved by Steve Oakey, Seconded by Todd Marx. Commission Discusses the Motion: None VOTE: Motion carried by unanimous roll call vote (summary: Yes = 7). Yes: Chairman Rory Kunz, Keith Esplin, Kristi Anderson, Melanie Davenport, Steve Oakey, Todd Marx, Vince Haley. This request will go to City Council at their next meeting on January 8th. 2. 6:40PM – Charles Holmes - 431 S 2nd W - Conditional Use Permit to allow reduced front yard setbacks and reduced parking in the Pedestrian Emphasis District (PED) and to allow dormitory housing (19-00719). This will be the only building within a one-block radius to have reduced front yard setbacks if approved. (action) Charles Holmes – 360 Conifer, Glendale, California - He bought the property in 2007. He lived here a while ago and then moved out of the area. He has been working with South Fork Design, and they will explain the plans for the property to make the project finan cially viable. Charles feels the property is a bit of an eyesore; it was built in 1940 and has log cabin walls inside. Val Christensen – 430 S 3rd E – Charles has asked Val to present. The roundabout was shown. Colonial House is north. Near Nauvoo House. One of the considerations is this is a leftover lot. The different owners of the buildings around it did not buy the property. The owners of the proposed property held out over the years. The house is currently rented, but Val does not feel it is in the best interest of the city to have a single -family home in this area, where higher-density is allowed. Having dormitory, single-student living located in close proximity to each other cuts down on cars on the streets and in single-family neighborhoods. Val lives near dormitory and he feels the noise level increases where dormitory is in place. He also lives a house away from a standard housing complex. Envision Madison, form-based codes and the Comprehensive Plan support densifying these areas. The proposal is for a 2-story structure of 4 units. They would like to bring the house out to the street. Part of the request is to reduce the parking in the PED. Val suggests going to the 60% allowed visitor parking. Alan Parkinson stated the application was for reduced parking to 75%, which was shown on the plans submitted to the city. Val continued, some concerns were this building sticking out farther than all the others on the street. Val showed Windsor on the parcel line. All the houses along this road are already set back. This apartment complex does not look out of place. An apartment on 2nd E is 10’ from property line. It is a 4-story 4 building with a mansard roof making it look more like a 3-story building. He sees the concern bringing a building out to the street when it is taller. A nursing home to the south is on the property line and the houses along the street are all set back. On 4th S, Brigham’s Mill is built out to the property line with everything else set back around it. 3rd W & 5th S close to where the proposal is and the building is built out to the right of way with buildings set back around it. Val feels this is a good project. If the density is not placed around the University, the apartment buildings will spread out. He sees dormitory housing across 2nd E, where it was previously suggested this housing would not breach. Steve Oakey asked about the parking, setbacks and dormitory. Melanie Davenport asked how many units will there be? Charles answered there will be four units. Melanie Davenport said the application suggested 75% reduced parking. Chairman Rory Kunz asked the applicant what the proposal is actually requesting. Stephen Zollinger, City Attorney, stated the applicant has to provide the amount of parking stalls they proposed or greater. The stalls proposed are at the 75% ratio. Kristi Anderson asked for the definition for non-approved student housing. Charles bought the property because in his off-track he was taking one class. He tried to live in Shelbourne Apartments and he had to take the minimum amount of credits the college requires to live in approved student housing. The group of people he is serving are people who are going to school, but not meeting the minimum requirements, such as divorced people, those taking less than the minimum number of credits, people who graduate and want to stay and work for a while, etc. People who are going to the hair college could live there. When Charles took a full schedule of classes, he could once again live in approved housing. Charles said there is a large demand for this type of housing; his units are always rented. Staff Report: Alan Parkinson – The request fits within the requirements of the high-density residential zone. The request is for #1 to reduce the setbacks to 5’ (standard is 20’ with a boulevard strip), #2 dormitory-style housing, and #3 reduced parking of 75%. Staff recommends approval with the following conditions: all storm drainage needs to be handled on site per the City Engineer and the maneuvering for two of the parking stalls needs to be resolved. Vince Haley asked if dual-access is required. Because of the shallow depth of the lot , dual- access is not required. 24’ driveways have been shown on the Site Plan. Ray McDougal from the audience talked about the elevations of the property. Elevations are such that it is possible to use the city’s storm drain with proper equipment; a holding area and restrictor were mentioned. This is subject to approval of Keith Davidson, the Public Works Director. Vince asked if the road is anticipated to connect into University. As far as Alan knows, the right of ways are already in place. Vince asked, does the road narrow right in front of the house? Trees showing in the aerial map make it difficult to see the sidewalks and road width. The sidewalk would need to widen to 8’ to get the reduced front yard setback. Stephen Zollinger says even if the road narrows, the right of way does not. The nursin g home was built before the right of way was obtained; it was built in the middle of a pasture. Melanie Davenport what is on the East side? On the West side, is that Brookside? The rest of the street is built out as apartments or parking. 5 Chairman Rory Kunz opened the public input portion of the hearing at 7:08 p.m. Favor: None Neutral: None Opposed: None Written Input: None Rebuttal: None Chairman Rory Kunz asked if anyone else would like to speak? He closed the public input portion of the hearing at 7:08p.m. Kristi Anderson’s says the Pedestrian Emphasis District focuses on dormitory housing for approved students for BYU-Idaho so they can walk to their school. Her one concern is this housing complex could be filled with people who do need to drive and the parking would be needed. She feels this affects her thoughts for reducing the amount of parking required. Chairman Rory Kunz says the use of the property needs to be looked at secondary to the land request and primarily based on the use and its compatibility with the other uses of the area. Vince Haley thought about this as well, possibly non-traditional students. If he was Steve Oakey, he says this is up to th e landowner and I would not live there if I need parking and there is not any. Melanie Davenport says she feels the 75% is a good amount, especially for snow storage. As far as the setback, one of the considerations the Commission has given in the past is the architectural style. The architectural style, she feels, would qualify for having the reduced setbacks. The current building is tucked back away from the road and this would bring the house forward. She would be in favor of keeping the parking at 75% and approving the setbacks. MOTION: Recommends the City Council approve the application for the Conditional Use Permit for reduced setback to 5’, reduced parking at 75% and dormitory-style housing based on the conditions recommended by Staff, because it brings a property that is outdated into better compliance with the area and is for the benefit of the City. Action: Approve, Moved by Keith Esplin, Seconded by Steve Oakey. Conditions: 1. All storm drainage needs to be handled on site and worked ou t to the approval of the City Engineer. 2. Parking stalls and maneuvering areas be approved by the City Engineer. Commission Discusses the Motion: None. VOTE: Motion carried by unanimous roll call vote (summary: Yes = 7). Yes: Chairman Rory Kunz, Keith Esplin, Kristi Anderson, Melanie Davenport, Steve Oakey, Todd Marx, Vince Haley. This request will go to City Council at their next meeting on January 8th. Items for Consideration: 1. Mitch Neibaur - Preliminary Plat – 12th W & Hwy 33 (19-00138). 6 Mitchel Neibaur – 127 E Main, Rexburg – He loves it here and he loves this project. His Dad was from Newdale and his mom is from Salem. Mitch was born in Rexburg. Because there was a lack of opportunity, his family was forced to move away from Rexburg when he was five. He had few memories, but great memories. He grew up west of Blackfoot. When he graduated from BYU, he had an offer to work for Valley Bank in Rexburg, ID. He accepted the job and was a banker in the area for many years. The opportunity and growth was so restrictive, he was forced to move to the Salt Lake market. He did not want to go, but it worked well for him. Most of his children were born here: 7 of them. 5 in Madison County and 2 in Bonneville County. Mitch retired early from the banking industry and invested in property; this request is for one of the properties he purchased 14 years ago and thought it would develop quicker than it has. The property is located near the center exit traveling West by Mother Hibbards. Visibility and access from Hwy 20 is incredible. He wants to bring jobs and industry into the area. Some interest is being shown in the property. Dr. Josh Fullmer is building on the corner. He is excited and he has a vested interest there. A building is going up on the corner. For 3 or 4 years, he has been searching for a place to build. Josh feels there is a need for this project in a medical/professional area. He has struggled to find what they needed in the size of the lot and synergy of the area. This development will allow Dr. Fullmer to expand. The Preliminary Plat is before the Commission for their recommendation. Stephen Zollinger stated there is a lot of detail that goes into the Preliminary Plat stage to work out any of the issues before getting to the Final Plat process. Staff works out the technical requirements; this is not the purview of the Commission. The system is more efficient for developers. The geographic configuration is the purview of the Commission. Melanie Davenport talked about in the past; the water/sewer treatment was a concern in this area. Is this still a concern? Stephen Zollinger answered the area can be serviced and the final details are a work in process. The water is not an issue. Staff suggests you base your approval on all issues being resolved by the City Staff. Tawnya Grover, Planning & Zoning Assistant, suggested to the Commission when they review the Staff Review Summary, the summary shows the history of the comments the applicant has received. Pay attention to the dates, because as you move to the end of the summary, the comments are less and less because the comments have been addressed through revisions. The revision numbers are indicated for each date. Stephen Zollinger says Staff anticipates the Commission recommend or not based on the final details being approved by City Staff. Motion: Motion to approve the Preliminary Plat based on the final details being worked out with City Staff, Action: Approve, Moved by Steve Oakey, Seconded by Keith Esplin. Melanie Davenport feels the applicant has been working on this project for a long time. He has had the time to decide what will work on this property. Mitch has already sold lots to investors. Keith Esplin asked about uses. Mitch stated professional and retail uses on the proposed property. His next parcel will include some housing. 7 Vote: Motion carried by unanimous roll call vote (summary: Yes = 7). Yes: Chairman Rory Kunz, Keith Esplin, Kristi Anderson, Melanie Davenport, Steve Oakey, Todd Marx, Vince Haley. Mitch Neibaur says it will be almost exactly two years since the process was started. The project has not changed very much. He has been very frustrated with the time it has taken to get this project to today’s meeting. He complements City Staff. Because he was forced to take a second look, the project is better for it. Mitch is hoping to influence 150 acres around this development. A lot of reviewing has been needed throughout the project, to determine where the project is going. It has forced Mitch to look at the details. Vince Haley asked about the process Dr. Fullmer has had. He feels the City Staff has given Dr. Fullmer a lot of help to get through the process. Heads Up: January 16th, 2020 Hearings: 1. (19-00752) – 669 Pioneer Rd – Comprehensive Plan Map change from Commercial to Neighborhood Commercial/Mixed Use 2. (19-00753) – 669 Pioneer Rd – Rezone from Community Business Center (CBC) to Mixed Use (MU) Adjournment: Commissioner Rory Kunz adjourned the meeting at 7:30PM.