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HomeMy WebLinkAboutMEETING MINUTES 1.08.2004 - Professional Office Overlay - Between Rolling HIlls Dr & 512 S Mill Hollow7:05 p.m. Rezone Rural Residential Two (RR2) property to Low Density Residential (LDR) include a "Professional Overlay" between Shoshone Avenue and South Mill hollow Road. The north/south boundary is between Rolling Hills Drive and 512 South Mill hollow Road. — See attached map - A. Lyle Smith Winston Dyer explained the process in giving testimony in a Public Hearing. Those in favor, neutral and against the proposal will be given an opportunity to give testimony. He explained the concept of findings of fact on a land use issue. He mentioned the need to have facts presented on the proposal. The recent annexation of the property was mentioned. Winston read out of the Zoning Ordinance 725 chapter 3 concerning a "Professional Overlay". Professional Ofce Overlay District (PO). The PO is established to provide land for professional offices near the community's medical facilities and in areas of transition from residential to commercial. Such offices shall be located and designed to conform to the residential character of the neighborhood. Site plan review by the Planning and Zoning Commission is required to minimize the potential nuisance activities of offices in the residential neighborhoods. The question: "Can a Professional Office Overlay be applied in a Residential Zone?" is answered by this description of a Professional Overlay. Winston mentioned that the Planning and Zoning Commission is an appointed body and they do not have authority to make land use decisions. The Planning Commission can make recommendations to the City Council on a law or policy issue. The City Council makes the final determination and implementation of law and policy. Winston indicated that the question on this proposal is the following: Shall the Planning and Zoning Commission make a recommendation to the City Council (the Governing Body) on this proposal to approve or deny the request for a Professional Overlay? Winston Dyer asked for someone to make a presentation on the proposal for the Smith property. Sally Smith 460 Rolling Hills Drive — The property is owned by Lyle and Ruth Smith. The property was recently annexed into the City. Some professional people have approached the Smiths to develop a professional overlay in the residential area west of Mill Hollow road. They plan to buffer the Professional Overlay on three sides with single family dwellings. Rolling Hills Drive, Shoshone Avenue, and East 5tb South would have single family dwellings. Sally reviewed a conceptual drawing of the plan on the overhead screen. The Smiths will have a Development Association to care for the jointly used Development. She explained the plan to have additional traffic connectors for the area in the future. Eleventh South and Seventh South were possible streets that will be available in the future for access to this Development. This would lessen the traffic on North Mill Hollow Road. The proposed buildings in the Professional Overlay would have the feel of a residential neighborhood and they would be designed to fit in with the residential area. The lighting for the Professional Overlay would be toned down to fit in with the neighborhood. The parking would be laid out so that it would not be intrusive to the neighborhood. Sally indicated that parking lots are part of a residential area. She indicated that professional buildings are located near expensive homes in other Cities. Sally did not indicate that property values would decline if they were located next to a professional area. Scott Nielsen — 990 John Adams Parkway in Idaho Falls — reviewed a more detailed site plan with buildings and landscaping displayed on the complex. The traffic would be ending in the Professional Overlay at about 5:00 or 6:00 p.m. The buildings will be two stories in height with residential type roofs. The typical building will be between 3-4000 square feet. The largest building will be about 8,000 square feet in area. They plan to have a berm for the parking area along Mill Hollow Road. There is ample backyard space planned adjacent to the residential lots. The reason they used the name Professional Park is that they do want the development to have the feel of a park. The developers plan to keep the professional buildings as far away from the residential area as possible. They want the growth in the City to be well planned. Sally Smith mentioned that she has a letter from Larry Thompson who lives at the entrance to a Professional Park near Ash Street. Brian Partridge - 2018 North 360 East, Provo, Utah - explained that he is a general contractor that does commercial construction. He worked with the layout and planned for some of the details of this proposal. The parking stalls are laid out in the actual size on the overhead screen example. Winston Dyer reiterated the age old problem that sometimes accompanies a request for a Zone change. The question before the Commission is a rezone question. Winston indicated that the proposed development that has been presented for this Professional Overlay may or may not materialize if the zone change is approved. He cautioned the Commissioners to keep that in mind when they discuss a zone change issue. Winston asked the Commissioners if they had any questions for the applicant in order to understand the request. Randall Porter asked what interest Scott Nielsen had in the project. Scott mentioned that he is the project designer. Mary Haley asked if this was a Planned Residential Development with a Professional Overlay. Winston indicated that the applicant is strictly seeking a zone change. Steve McGary asked about the size of the residential lots in the proposed development. Sally Smith explained that they plan to have 3 homes per acre. The Professional Overlay is only planned for the middle of the development. Sally mentioned that the residential lots would be developed to the size allowed for the residential zone that is applied to the property. Joseph Laird asked about street widths for the development. The streets would be developed as allowed by the City codes. Mary Haley asked about the type of housing that would be placed on the development. Randall Porter asked if the Professional Overlay would allow for an assisted living center. Kurt Hibbert indicated that it was a permitted use in a Professional Overlay. The allowed uses for an LDR Zone were reviewed. Winston Dyer explained a perceived conflict of interest because he has been retained by the Smith in the past to do work on other projects that are not related to this project. Randall Porter explained that he has a perceived conflict of interest due to conversations he has had with some of the same people on this project concerning a piece of property on Main Street. David Stein joined the meeting. Winston Dyer opened the meeting for public input on the proposal. Those in favor of the proposal: Sally Smith indicated that this proposal will be an asset to the neighborhood. There could be about 36 homes added to the neighborhood if this property is developed as a residential neighborhood. This proposal would be less intrusive to the neighborhood without the need of connector streets as would be necessary in a residential development. Sally indicated that this development would be an asset to the neighborhood. The development would see traffic from 8:00 a.m. to 5:00 p.m. five days a week. There may be some traffic Saturday mornings. She read a letter from Larry Thompson concerning his location next to the Rexburg Medical Plaza. Mr. Thompson indicated in the letter that life next to the Professional Plaza has been very pleasant over the years. Mr. Thompson is located next to where traffic goes in and out of the Professional Plaza. The professional offices have been a good neighbor to him. Those that are neutral to the proposal: None Those against the proposal: Jim Brannen — 321 Mill Hollow Road - reviewed the process by which he learned of the proposal to have a Professional Overlay on this property. Jim explained that he attended a meeting with 27 people that were concerned with the proposal. At the beginning of the meeting, 24 people were against the proposal with 3 abstentions. The group came up with a list of issues to discuss. At the beginning of the Public Hearing, Jim mentioned that there were three things to consider as fact in this process. 1) The developers want a project 2) Is this a Planned Community or a protected Planned Community? It is a proposed Community with the potential for the following: a) Surgical Center b) Assisted Living facility c) There is a potential for all the permitted uses in the Zone Jim indicated that he was not sure what other options might exist. There would be others testify to the concerns that the residents in the area have with the proposed development. He mentioned that a Doctor's Office in one thing. An Outpatient Surgical Center is another thing. Jim referred to transitional property around the Hospital in Idaho Falls that is used for medical facilities. If this proposal was in an area that was transitioning from a Commercial Street, Jim may have other thoughts. He is unsure what is actually going to be developed at the site if the Professional Overlay is approved. He has heard that this proposal will impact his property value in a negative way. Because he has many questions and few answers on the proposal, he is against the proposal. Michael Packer — 552 South Mill Hollow Drive — asked if there is a compelling reason to change the Zone. They understood that this would be a residential area when he purchased his property adjacent to the proposal. He wanted the residential use of the adjacent lands to be expanded into this area. There are good homes and nice neighbors in the area. They are planning to have new neighbors instead of a facility where he can have his gall bladder removed. Michael does not think that there is a compelling reason to change this property to a Professional Overlay. Rod Keller — 518 Rolling Hills Road — reviewed the neighboring properties to the proposal. He indicated that there is not a Commercial Zone close to the location that the Professional Overlay Zone would be applied. The neighboring Zones are all Residential Zones. Therefore, Rod did not understand how the Professional Overlay could be used as a transitional Zone from a Commercial Zone. He is worried about getting strangers into the neighborhood if the Overlay Zone is approved. He is against the Professional Overlay. Reed Stoddard — 249 Mill Hollow Road — That part of Town is the only residential area left in the City. It is a total residential area. We do not know what would happen to property values if the Professional Overlay is approved. Chad Price — 269 Mill Hollow Road — reviewed the traffic concerns for the neighborhood group. Commercial traffic is not the same as residential traffic. He mentioned that Mill Hollow Road is not equal in size to Shoshone Avenue. Mill Hollow Road is a very small and narrow street. This proposal would introduce a large and added quantity of commercial traffic to the area. Chad read a comment from Mayor Sutherland at a recent Annexation Hearing stating that the residents of Mill Hollow Road would be able to sit in and make comments and decisions regarding traffic impact. This would include possible road changes on Mill Hollow Road. They were instructed by Council members to organize a neighborhood committee to make recommendations to the City concerning the neighborhood and Mill Hollow Road. Chad indicated that they are in the process of developing a neighborhood committee. In two weeks they will have a meeting as a neighborhood to develop recommendations to the City for Mill Hollow Road. They are looking forward to working with the Planning Commission and the City Council to make it a positive (win, win) situation. Chad asked the Commission to establish equitable traffic routes for the distribution of traffic south of Rolling Hills Drive instead of using Mill Hollow Road. They look forward to working with the City in a cooperative manner in this burden of expansion. Blake Willis — 264 South 3rd West — indicated that he is purchasing land in this area. He is concerned with the impact of outdoor lighting and unsupervised parking lots. He was not in favor of the proposal. Vaughn Price — 315 Mill Hollow Road — reviewed the possibility of using property closer to the Hospital for a Professional Overlay. He indicated that it would be better for the medical offices to be closer to the Hospital instead of in their front yards. He asked for statistics on crime in Professional Overlay Zones that are applied in a residential area before the Planning Commission makes a decision on this proposal. He did not approve of a Professional Overlay in a residential zone. Larry Wickham — 310 Mill Hollow Road — reviewed the possibility of a pharmacy being located in the Professional Overlay. He mentioned that the land should remain residential without a Professional Overlay. Larry asked for the timeline on the future development of 7" South. Winston indicated that the timeline is not available; however, the City is working on the proposal to widen 7th South. Winston mentioned that it would probably be widened in the next few years. Larry asked the question: If all of the residential lots were not sold adjacent to the Professional Overlay, could there be a subsequent Public Hearing to seek a commercial zone for the lots? He was concerned with the widening of Mill Hollow road too. Larry mentioned that cars and trucks travel on Mill Hollow Road at excessive high speeds. He indicated that the value of his home would decrease if the road was widened. His perception of having the Professional Overlay close to the Hospital is that any location in Rexburg would be close to the Hospital. Larry compared Rexburg to Boise, Pocatello, and Idaho Falls as Cities that have some distance to travel to reach a Hospital. He does not want a checker board neighborhood or Community. He presented a list of 178 names from 4th East on Mill Hollow to 2nd South up to Rolling Hills Drive that are against the proposal. The document was presented to the Commission with some suggested options to the Professional Overlay that have previously been given as testimony by some of the signers. Bruce Penski — 439 Terra Vista — questioned the 14 percent predicted increase in traffic capacity with this development. There are other streets in the area that could be used to access this proposed Professional Overlay. He mentioned that the parking appears to be inadequate in the proposal. He is opposed to the proposal and he does not feel that it is appropriate for the neighborhood. Ron Haun — 455 Mill Hollow Road — indicated that Mill Hollow Road is a very busy street. It is a scary proposition to drive down Mill Hollow in the Winter time. He was concerned about the possibility of increased accidents on Mill Hollow Road with this proposal. He did not believe that the Road was wide enough to allow for a turning lane to go into the proposed development. Ron was very concerned with the traffic having a low enough speed to turn left onto Rolling Hills Drive. Ron indicated that all of the traffic could come in on Rolling Hills Drive and turn left or right onto Mill Hollow Road. He indicated that he was worried about his family making a left hand turn off of Mill Hollow Road onto Rolling Hills Drive and being rear ended by a truck that was coming down Mill Hollow Road 50 to 60 mph. He mentioned that there is a blind spot where Mill Hollow Road runs into Rolling Hills Drive. That is an icy road in the winter time. You have to be a very good driver to make a left hand turn onto Rolling Hills Road on some nights and days. Ron is against the proposal. Carrie Mills — 290 Shoshone Avenue — requested the Commission to make the decision based on long term planning. She wanted the City to be careful not to set a precedent with this decision. She asked that the City have a reason for what is done. Locate the development where you need it. Commercial properties have problems with skate boarder traffic and other issues of property abuse. She mentioned the Master Plan for the City and the need to follow the Plan. Think through the proposal. Carrie does not believe that this area is a transitional area. Tom Kennelly — 269 Nez Perce — was in agreement with the previous comments against the proposal. He was concerned with the transitional language in the Zone which would allow a Commercial use in a Residential area. He indicated that you can not control what is going to be built. He predicted "without a doubt" that the property owners who front this proposal will lose $20,000 to $25,000 in value; "I promise you that". He asked the Commission to be careful when they do Zone busting; stating: "and that is what this is". Rebuttal Statement by the applicant: Sally Smith stressed the difference between Commercial and Professional. She indicated that they do see a difference between Commercial and Professional Zoning. She reviewed the part of the Professional Overlay definition concerning "Transitional from Residential to Commercial". Sally mentioned that there are five areas in the City that have Professional Overlays. Four of these Professional Overlays are in Residential neighborhoods with an LDR or an LDRI Zone. The only one that is not in a Residential neighborhood (Zone) is the one on Main Street which is in a Medium Density Residential Zone. Winston Dyer closed the public input portion of the hearing. Winston Dyer explain how the Planning Commission will deliberate on the facts, the Zoning Code, what is and what is not allowed in the Professional Overlay Zone, etc. Winston Dyer asked Kurt to review the Ordinance for the allowance of a Surgical Center in a Professional Overlay. Kurt indicated that it was an allowed use to have an Outpatient Service Center. Kurt mentioned that a Residential Care Center is not a permitted use in a Professional Overlay Zone. Discussion on a handicapped home with unrelated handicapped individuals living in the same home. This would be allowed in a Residential Zone. Winston Dyer clarified the traffic issue of 14% increase. The 14% in the earlier statement relates to the amount the proposal would take of all the capacity available on the present road. The question of coming in and out of the entrance calculates to 2 cars per minute. Kurt Hibbert reviewed locations of Professional Overlay Zones in the City of Rexburg on the overhead screen. Discussion on the number of acres in the request. There are 12 acres in the development with 8 acres in the Professional Overlay. Steve McGary asked how many homes would be possible if the development was totally residential. There may be a possibility of 36 new homes if the development was totally residential. Winston indicated that 36 homes could generate 38 cars per hour in a residential development. There would be a possibility of 148 cars per hour with a Professional Overlay. Mary Haley asked where the 14% came from. Winston indicated that it was a Traffic Engineering Study which uses the rush hour (peak hour) for the data. At rush hour, 14% of the capacity of road would be used for the Professional Overlay. For the remainder of the day, the proposed development would generate 3-4% of the roads capacity. Winston Dyer stated that "If this were going to create a need for a stop light or widening of the road width, or turning lanes, or things like that"; That would be a legitimate finding of fact that ought to be considered. These levels of traffic would not require a signal or widening or those kinds of things. Mary Haley is concerned about Mill Hollow because it is an undulating road. She also mentioned the accidents on Pole Line Road. In reviewing the pictures of the proposed development, Mary commented that "What could happen is not what always does happen". She has voted for things that did not happen as presented by the developer. Winston Dyer reiterated the reason for the Public Hearing on this proposal. It is a Zoning issue. Later, as a proposal comes forward for development of the property, specific questions of lighting, parking, layout, and kinds of facilities will be reviewed at that time. Winston indicated that we are talking about right of use of the underlying property. Mary Haley requested a traffic study for this development for a zone change. Jerry Hastings reviewed the parking spaces needed per 1,000 square feet. He indicated a need for a least 80 to 100 parking stalls in this development. He was concerned with ingress/egress access to the proposed development. A residential development would disperse the traffic to adjoining streets instead of Mill Hollow Road. He calculated a possible 36,000 square feet of office space which would require 5 parking stalls per 1,000 square feet of space for a total of 180 parking spaces if all of the office space is for medical buildings. Winston mentioned that it would be about % that number for other professional office space like an insurance office. Discussion on the need for a property plat if it is developed. Traffic and other site plan issues would be addressed in those proposals. Winston Dyer reiterated the need to contain the discussion to land use question for a zone change. Should this request be considered for a rezone? Mary Haley indicated that this property is not near other medical facilities in relation to our town. Randall Porter is concerned with the property transitioning to a Professional property without allowing for a proper buffer to residential areas. He does not think that it fits the definition of a transition zone. He mentioned that the City's architectural controls are rather weak. He mentioned that several building styles could be built without any control on the type of look that goes in there. Winston Dyer indicated that this is a zoning question not an architectural review. Randall Porter indicated his concern to changing the Residential Zone to a Professional Zone. The neighbors have built and invested in the area. They are depending on the neighborhood staying a residential neighborhood. Joseph Laird was concerned with the spot zone of this proposal. It does not fit the area. He would prefer a location nearer the Hospital for this type of development. David Stein mentioned that this issue is whether is complies with the Comprehensive Plan. He was in agreement with other comments that indicate the location is not close to the Hospital. Winston Dyer reiterated that this is a land use decision which requires justification. He clarified the issue of the underlying zone. It is a "YES or NO" decision based on "findings of fact" for a land use recommendation by the Planning and Zoning Commission to the City Council. He asked that the motion include justification for the decision either for or against the proposal. Discussion on the underlying Zone for the property. Kurt indicated that the City Council applied an RR2 Zone to the properly when it was annexed into the City of Rexburg. Kurt mentioned that the Planning Commission did not intend the property to be zoned RR2. Winston Dyer clarified the issue. The findings of fact are that the annexation ordinance does indicate an RR2 Zone for this property. Therefore, the question before the Commission is: "Should this property be rezoned LDR with a Professional Overlay"? Steve McGary moved to approve the request for rezoning from Rural Residential Two (RR2) to Low Density Residential (LDR), but deny the inclusion of a Professional Overlay based upon the fact that the Professional Overlay which is the main issue here, is not consistent with the Comprehensive Plan, and in response to the overwhelming public feeling in the opposite of the request. Joseph Laird seconded the motion; Discussion: Mary Haley discussed the proposed zone change from RR2 to LDR. Jerry Hastings asked where the south boundary of the RR2 Zone in this request is located. Kurt explained that RR2 Zoning includes the parcel to the south. This request is only for Sally's parents, (A. Lyle Smith). Kurt explained that the properties were Zoned RR2 in error. The RR2 Zone does not fit the topography of the land in this area. Winston Dyer indicated the intent of the Commission was to zone the area as LDR except for the Harvest Heights Subdivision. Question: all voted aye, none opposed. The motion carried. Winston Dyer mentioned to the Smiths that this decision can be appealed to the City Council.