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HomeMy WebLinkAboutRFD 19-00138 PLAT - 12th W & Hwy 33Page 1 of 9 Subdivision Plat 19-00138 12th W & Hwy 33 1. May 31, 2018, A pre-construction meeting was held with Mitch Neibaur. Mitch showed concept plans for two projects in different areas of the city. Staff gave Mitch an idea of the processes he would need to do in order to accomplish his projects. 2. June 12, 2018, Staff met with Mitch Neibaur, Josh Fullmer and John Edstrom. Josh is planning a Surgical Center. Coordination with IDAPA and ITD will be required. Right in, right out driveways on Hwy 33 and a possible Traffic Impact Study were discussed. Water and sewer locations for connection were also discussed. 3. March 25, 2019, Application for a Short Plat was received. 4. March 26, 2019, Stephen Zollinger found items that were incorrect in the covenants document. His notes have been sent to Mitch and Jeff to make amendments. The covenants were recorded with Madison County prior to review by City Staff. 5. April 11, 2019, Staff Review Summary was sent to Mitch. He will need to make changes and resubmit after addressing review comments. 6. June 25, 2019, Staff called in Mitch Neibaur, Jeff Rowe, Dr. Josh Fullmer, Dr. Matt Griffetth, Husk (engineer) and Ryan with JRW. Lots were being sold without a plat and no applications were submitted to the City for lot splits. Staff communicated a Prelminary Plat would be needed due to the request for participation on a LID for internal roads. A Development Agreement needed to be signed and recorded before any Certificate of Occupancy would be issued. 7. August 13, 2019, Rev. (2) was received. 8. September 11, 2019, Staff met with Husk Crowther (Engineer). Mitch Neibaur was invited, but did not come. Mitch is proposing a different road standard requiring agreements between the City and Mitch declaring maintenance responsibilities. The applicant is requesting multi-family housing, but does not show the setbacks, nor the parking that would be required. Easements and utilities were discussed. 9. October 1, 2019, Staff communicated to Mitch another lot has been sold that did not go through the City’s lot split process. The legal descriptions for the lots that were recorded 35 North 1st East Rexburg, ID 83440 Phone: 208.359.3020 Fax: 208.359.3022 www.rexburg.org Reason for Decision City of Rexburg Page 2 of 9 overlap. Mitch needs to move forward on the plat. Again, a Preliminary Plat was requested. Mitch talked about a possible variance for the north/south road he has designed, because it is not a standard road cross-section. Temporary access for Josh Fullmer’s project was allowed. 10. October 9, 2019, Mitch has worked out the legal descriptions for the overlapping lot. Language needed on those Quitclaim Deeds to be recorded with Madison County was determined. Storm drain plans need to be shown, easements for utilities, road names, street cross-sections and CC&Rs were requested. DEQ approval is not required immediately for Dr. Josh Fullmer’s building and water and sewer can currently be serviced; he can proceed with a Building Permit. 11. October 16, 2019, Staff Review Summary was sent to Mitch. 12. October 24th & 31st, 2019, Tawnya left a message for Mitch requesting the plat be submitted with the needed revisions. 13. December 5, 2019, Rev. (3) was received. 14. December 9, 2019, Tawnya talked to Mitch Neibaur and told him we have what we need. Staff is working on their reviews. 15. December 19, 2019, Staff Review Summary was sent to Mitch and Jeff. 16. December 27, 2019, Rev. (4) was received. 17. December 30, 2019, Rev. (5) for Sheet 2 ONLY, was received. 18. January 2nd, 2020, Charles Holmes presented his application to the Planning & Zoning Commission. Mitch Neibaur - Preliminary Plat – 12th W & Hwy 33 (19-00138). 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 Page 3 of 9 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. 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. Page 4 of 9 19. City Council Meeting January 8, 2020 - Preliminary Plat – 12th W & Hwy 33 (19-00138) - Mitch Neibaur Planning and Zoning Coordinator Grover explained the Preliminary Plat at 12th W and Hwy 33 and reviewed the property on the overhead screen. Page 5 of 9 Page 6 of 9 Council Member Busby asked Mr. Neibaur where he plans to store the snow on his property. Mr. Neibaur said there is an open field to the north of his property where the snow will be stored. Council Member Busby moved to approve the Preliminary Plat – 12th W & Hwy 33; Council Member Flora seconded the motion; Mayor Merrill asked for a vote: Those voting aye Those voting nay Council Member Flora None Council Member Mann Council Member Busby Council Member Walker Council Member Johnson The motion carried Mr. Neibaur complemented city staff for their assistance with all of his questions regarding his development. Page 7 of 9 FINAL PLAT 20. February 6, 2020 - Items for Consideration: (19-00138) 12th W & Hwy 33 Final Plat (action) - Alan Parkinson - The preliminary plat was approved in January. Mitch has completed what is needed to consider the final plat with the following conditions: 1. Island off Hwy 33 will follow State requirements. 2. Street lighting will be installed per the Development Code. 3. Utilities will meet the approval of the City Engineer. 4. Storm drainage will be handled on site. 5. An agreement will be signed by the applicant for the maintenance of interior roads. 6. Utility easement needs to be increased to 15’ along roadways. (This plat shows the easement.) 7. Approved by County Surveyor. The boulevard strip and the parking shown on the preliminary plat in the middle of Sawtelle Avenue has been removed. The entire street will be maintained by the city. Steve Oakey asked if there is a consideration that the Developers maintain the roads, so this keeps the city out of the maintenance. At one time, Mitch was going to maintain part of the road and he would take care of the parking and the boulevard strip. One of the options was the City was going to take care of the road part of the road and Mitch was going to take care of the parking and boulevard areas. Mitch has been adamant through the process about turning the roads over to the city. The City has the policy that roads through a development with multiple landowners be maintained by the City. There are some problems with having private entities take care of roads like spite strips and failure to maintain the roads. Vince Haley asked if there were any other changes from the preliminary to the final? The power company isn’t able to determine utility easements until a copy of the final plat is provided to them. MOTION: Motion to recommend the final plat subject to the following Staff conditions: 1. Island off Hwy 33 will follow State requirements. 2. Street lighting will be installed per the Development Code. 3. Utilities will meet the approval of the City Engineer. 4. Storm drainage will be handled on site. 5. Approved by the County Surveyor. Action: Recommend approval, Moved by Keith Esplin, Seconded by John Bowen. Commissioner considerations. Discussion of the Motion: Melanie Davenport recalled the Commissioners were told they did not need to be super-detailed in examining the Preliminary Plat, because that would be handled internally by Staff. What details did Staff handle, the Commission would not need to be a part of? Stephen Zollinger, City Attorney, answered, water percolation, grading, standards that apply to water and sewer as required by the Engineering Department. The Commission’s responsibility is to look at the two-dimension drawing and review the ingress/egress, placement of lots in relation to the roads, size and configuration of the lots, and transportation are considerations for the Commissioners. Green space is usually considered on Site Plans. Steve Oakey gives silent applause for accelerating past the Commissioners’ expertise. He feels the projects should rely on the expertise of the Engineers. Page 8 of 9 Motion is on the table and seconded, if there is no more discussion, we will vote. VOTE: Motion carried by unanimous roll call vote (summary: Yes = 9). Yes: Chairman Rory Kunz, Greg Blacker, John Bowen, Keith Esplin, Kristi Anderson, Melanie Davenport, Steve Oakey, Todd Marx, Vince Haley. City Council Meeting February 19, 2020 A. Final Plat Approval 12th West & Hwy 33 - Mitch Neibaur/Alan Parkinson Planning and Zoning Administrator Parkinson reviewed the Final Plat Approval for 12th West & Hwy 33. There are several condition in place for the approval of the Final Plat: 1. The Island off of Highway 33 will follow state requirements. 2. Street lighting will be installed per the Development Code. 3. Utilities will meet the approval of the City Engineer. 4. Storm drainage will be handled on site. 5. An agreement will be signed by the applicant for the maintenance of anterior roads. 6. Utility easements need to be increased to 15 feet along the roadways and approved by the county surveyor. Council Member Flora said she noticed on previous reports discussion about creating a Local Improvement District for this location and the city owning and maintaining the roads. Planning and Zoning Administrator Parkinson explained the original proposal was to have off street parking on the road and the owner was going to maintain this section of the road. The city would maintain the main roadway. Now, the owner has decide not to have the off street parking and the city will take full ownership of the road. Council Member Flora asked for clarification regarding the condition of “an agreement will be signed by the applicant for the maintenance of anterior roads”. Planning and Zoning Administrator Parkinson said the owner will sign the agreement for the city to maintain the roads. The owner is actually signing over the easement/right of ways to the city. Council Member Mann asked if all of the utilities will be buried. Mr. Neibaur said Rocky Mountain Power gives the property owner the option of burying the utility lines. Council Member Mann commended Mr. Neibaur for this development Council Member Mann moved to approve the Final Plat for 12 West and Highway 33 with the conditions discussed; Council Member Johnson seconded the motion; Mayor Merrill asked for a vote: Those voting aye Those voting nay Page 9 of 9 Council Member Flora None Council Member Johnson Council Member Wolfe Council Member Mann Council President Busby The motion carried