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HomeMy WebLinkAboutMEETING MINUTES - Stonebridge Div. 2 - 7th NCITY OF REXBURG PLANNING AND ZONING MINUTES July 17, 2003 7:00 p.m. Chairman: Winston Dyer Members: Robert Schwartz Mike Ricks Steve McGary Doug Smith - Excused Jerry Hastings - Excused Mary Haley Jordan Dyer - Excused David dein Joseph Laird Randall Porter P.F.C. John Millar P & Z Administrator Kurt Hibbert City Attorney Stephen Zollinger City Clerk Blair D. Kay Portions of the meeting were recorded. ConsentAgenda: The consent agenda includes items which require formal Planning Commission action, however they are typically routine or not ofgrent contNoversy. Individual Commission members may ask that any specific item be removed from the consent agenda for discussion in greater detail. Explanatory information is included in the Planning Commission's agenda packet regarding these items. a) Minutes from the July 03, 2003 meeting Winston Dyer mentioned that Jerry Hastings asked to be excused from the meeting. Randall Porter asked for a correction on page 7 of the July 03, 2003 minutes. He only indicated medical buildings in his comment. Randall Porter moved to approve the Consent Agenda; Mike Ricks seconded the motion; all voted aye, none opposed. The motion carried. Noncontroversial Items Added to Agenda: None 1 Winston Dyer mentioned that the Commission needed to discuss Design Standards for the Commercial Zones and Utility Installation Standards. Zoning Compliance: Kurt Hibbert mentioned an outstanding ticket violation. The City of Rexburg well follow up the ticket with a letter indicating a two-month time frame to come into compliance. The City will accept this time line for compliance. Public Hearings: 7:05 p.m. Re -Zone University Property on SE corner of 2nd East and 3rd South from University Property to Low Density Residential 1 (LDRI) — (Richard Smith) Kurt Hibbert (Planning and Zoning Administrator) reviewed the reason for the request to change the zoning back to 'die original zone of LDRI. The home will be sold as residential home. The property was originally sold to the University by Randall Porter. Those in favor of the Zone change: Dan Hess — 275 South 2nd East - Lives just across the street from this proposed zone change. He was in favor the zone change to a residential zone without an apartment. Those neutral to the Zone Change: None Those against the Zone change: None Public Testimony was closed. Discussion on the Zones adjacent to this parcel. LDRI Zoning in adjacent to this property. rurther east of this property the Zoning is LDR which does not allow an apartment. i ne Commissioners reviewed an updated Zoning map that showed the property currently zoned as University Property. This proposal is to re -zone the lot back to a residential zone (LDRI). The requested Zone is consistent with the adjoining Zone. 11tike Ricks moved to re -zone the parcel from University Property (U) to Low Density Residential (LDRI); Steve McGary seconded the motion; all voted aye, none opposed. The motion carried. New Business: Preliminary Plat for Stonebridge Subdivision Phase 11— East 7th North — The Dyer Group Dick Dyer declared a conflict and stepped away from the table. Robert Schwartz became the Chair person for this discussion item. I Winston Dyer — 667 Summerwood Drive - Representing the interest of the developer out of Salt Lake City. Winston reviewed the Plat on the overhead screen. The City has approved the development of Stonebridge Subdivision Phase I. This is a proposal to develop Phase Two of the Stonebridge Subdivision adjoining to the south of Phase One. Winston reviewed the location for the storm water drainage system. Phase Two will require a lift station on the south end of the development. It will also service wastewater from the property to the west. There is a 14 -inch line for sewer wastewater planned for the development. The lots on the south end of Phase Two were platted to the center of the river. The portion of those lots that are near the river will be dedicated as open space because of the flood plane and access to the river. The storm water pumping station will be about 16 feet deep. It is going to be about 100 feet from the river. There is public access planned adjacent to the river. Randall Porter asked about a greenbelt for the area. Winston indicated that there are plans to allow river access for the river from a dedicated public area. Winston reviewed the history of Phase Six in the Hidden Valley development. The City required the developer to provide an access to a City Park in that development. Winston indicated that there are real costs to the developer to provide for public access to these open areas. David Stein reviewed the conflicts that can occur with private developments and the need to do City Planning for the public good. Randall Porter reviewed the public access that is required for public waterways. Stephen Zollinger indicated that there is a defacto right inside the high water mark of a waterway for public access to the river. Joe Laird reviewed the history of the Green Belt Committee's desire to create a green belt on both sides of the river in this area. Stephen mentioned the conditions that may exist to require a meandering easement for access to a public waterway. John Millar asked who owns the river and can the City install a pathway inside the high water mark. Stephen Zollinger indicated that the Corp of Engineers can maintain the open area or bike path. Stephen mentioned that the Greenways Committee may desire to have the walking path developed away from the river on the north edge of this development. Steve McGary reviewed an alternative access for a green way walking path for this proposal. Discussion on two gravel pits that are located in the area owned by Grovers and Walkers. They area located on the east and the west of this development. Stephen Zollinger discussed the two gravel pits that are adjacent to this development. Continued discussion on the precedent that would be set by requiring a greenway area for this development adjacent to the river. I Discussion on the difference of having a dedicated or a defancto right of way. Discussion on the high-water mark for the river. Discussion on the make up of the motion for this proposal. Steve McGary moved to approve the Preliminary Plat for Stonebridge Subdivision Phase H conditional on the applicant working out a compromise with the Greenways Committee concerning the compatibility of the developer's proposed Subdivision and the Greenways Committee's plans for the area; David Stein seconded the motion; all voted aye, none opposed. The motion carried. Winston Dyer rejoined the Commission at the table as the Chair for the meeting. Final Plat for Legacy Town homes — Casper Avenue — Forsgren Associates, Inc. Kurt Hibbert reviewed the proposal on the overhead screen. The development is for Phase Two. Phase One was previously approved by the City of Rexburg. The parking for the development is in the rear of the town homes on a private drive called Legacy Lane. The development meets minimum requirements for parking stalls. The lot lines will include the carports. John Millar reviewed the plans for the carports and the street on the Final Plat for Phase One. It showed the road for Phase Two. David Stein asked if the town homes would fall under the new design standards. Randall Porter asked about the requirement to have a Homeowners Association for a townhouse development. Discussion on zero lot line construction needing a common property agreement to take care of the common property in the development. Steve McGary moved to accept the Final Plat for Legacy Town homes as proposed a' . a fw .0 conditioned on the 1U11V W -Ing. 1) The town homes must meet the International Building Code 2000. 2) City Staff approvals. 3) Homeowners association with protective covenants and associated contracts and regulations. Mike Ricks seconded the motion; all voted aye except Robert Schwartz who voted nay; The motion carried. Robert Schwartz opposed this type of development in this area. Winston Dyer asked Kurt Hibbert to address the conversion of apartments to town homes or condominiums after they have been approved as apartments. The Commission is concerned with the Final Plats being changed from one type of plat to another after the original plat is approved. 4 CITY COUNCIL MINUTES CITY OF REXBURG July 30, 2003 5:30 P.M. STATE OF IDAHO ) County of Madison ) SS. City of Rexburg ) Present were the following: Mayor: Council Members: Financial Officer P&Z Administrator: City Clerk: Public Works Director City Attorney: Pledge to the Flag Mayor Bruce Sutherland Glen Pond ri Shawn Larsen Marsha Bjornn Paul Pugmire Donna Benfield - Excused Nyle Fullmer — Excused Richard Horner Kurt Hibbert Blair D. Kay John Millar Stephen Zollinger Consent Calendar: The consent calendar includes items which require formal City Council action, however theyare typicallyroutine or not ofgreat controversy. incrTIdual Council Membe s May askthat anyspeci c item be removed Strom the consent calendar for discussion in greater detail. Explanatorylnformation is included in the City Council's agenda packetregarding these items. a. Minutes from the July 02, 2003 meeting b. Approve City of Rexburg bids Paul Pugmire moved to approve the consent calendar; Glen Pond seconded the motion; all voted aye, none opposed. The motion carried. Preliminary Plat - Stonebridge Subdivision Phase 11— East i th North — The Dyer Group 1 Winston Dyer - 667 Summerwood - representing the Dyer Group reviewed the new Subdivision on the overhead screen. Phase One has been approved by the City of Rexburg. Phase Two is immediately south of the Phase One development. The area immediately west of this development can also be served a pumping station on the west property line. Winston reviewed the storm water drainage lines for the Subdivision. He mentioned that a public pathway could be built along the river inside the high water line. The Planning and Zoning Commission approved the greenways path if the Greenbelt Committee is supportive of the proposal. There are 149 homes planned for this subdivision. Marsha Bjornn was concerned with the lack of green space for the Subdivision. She recommended having walking paths and green space for the development. Shawn Larsen reviewed the proposal and recommended waiting on a decision until the Green- ways Committee has provided input into the decision. - Winston Dyer indicated that this is a Preliminary Plat and can be changed as needed to address the City's concerns. Paul Pugmire concurred with the discussion except he indicated that the final decision is up to the City Council. He wants public access on the river. Glen Pond moved to approve the Preliminary Plat for Stonebridge Subdivision Phase H based on the Planning Commission's recommendation; Paul Pugmire seconded the motion. Discussion: all voted aye, none opposed. The motion carried. Final Plat — Legacy Town homes — 575 Casper Avenue — Forsgren & Associates, Inc. Kurt Hibbert reviewed the Plat on the overhead screen. Phase One of the development has been approved. Planning and Zoning recommended approval of this Plat. There are 19 Town Homes pI a � the "Ievelopr lalllleti 1V1. I.11l.. UlJV41V�J111G11{,. Shawn Larsen moved to approve Legacy Town homes Phase U per Planning and Zonings recommendations; Glen Pond seconded the motion; all voted aye, none opposed. The motion carried. Final Plat — Valley Wide Cooperative Subdivision No. 1- 1175 West Main Street Chris Park - Schiess & Associates - reviewed the final Plat for Valley Wide Coop on the overhead screen. Marsha Bjornn reviewed the need for a buffer on the property on the south side of the development. 2 Final Plat — Stonebridge Subdivision Phase II — East 7"' North — The Dyer Group Jerry Hastings declared a conflict and stepped away from the table. Winston Dyer — 667 Summerwood Drive - representing the developer reviewed the master plan for this development. The final plat was presented to the Commissioners for review in paper form. The applicant has met with the Madison Greenways Committee. There is a common area in the Southwest corner of the development for Greenway development which includes the river. The plat is platted to the center of the river. Winston indicated that you have to be in the river to have public assess to the river. Winston discussed the issue of access to the river. He mentioned that once you are in the river, there is public access up and down the river. The ordinary high water mark on the river is the gravel banks on the sides of the river. Public access would not be allowed to get out of the river beyond the gravel banks or the high water mark. Public access to the river would have to be at some other point where public access has been designated. Winston indicated that the main issue for the Commission to consider is the issues that have been under review by the Madison Greenways Committee and the developer. Jerry Hastings — 611 Summerwood Drive — reviewed the comments that were given to the City concerning the development along the river. The developer would like an agreement in writing explaining the maintenance plan for a Greenways area. Impact Fees would be exchanged for the value lost with the Greenways area. Jerry was concerned with having a neglected area if the Greenway area is not maintained. He did not indicate that his concerns of maintenance and design were covered in the letter from the Greenways Committee. During high water years, the proposed Greenway would be underway if the current plan is adopted. Design of the Greenway and a maintenance agreement was requested by the developer. The City and the County would be involved with the maintenance of the Greenway. The "signature lots" against the river would have the homes built on high ground with the back yards going back into the center of the river. The owners of the property are not willing to wait for the Greenways Committee to develop the Greenways path before the developer begins to sell and develop the lots along the Teton River. The owners prefer to have the Greenway access the Development on the Southwest corner of the Subdivision and cross the Subdivision on the nearest street to the north which would be the front of the "signature lots" that front the river. The path could return to the river on the east side of the Subdivision. Jerry Hastings reviewed a 10 foot easement from the river to the development on the proposed Plat. Discussion on having a Greenways path on the south side of the river instead of the north side of the river by this development. Discussion on the cost of a Greenway path and the possible design of the path. Discussion on the method of maintenance for the path. Shawn Larsen commented that this is an issue for the Comprehensive Planning. He recommended having an agreement that is negotiated between the developer and the City/County Governments for a Greenways development. Kurt Hibbert mentioned that the Greenways committee would need to develop a Greenways standard. Robert Schwartz asked Kurt if the County is willing to fund and maintain a Greenways path. Kurt indicated that both the City and the County support the development of a Greenway path. Winston Dyer proposed a Development Agreement amendment that will allow the developer to move forward allowing the City a given time period to perform or loose the opportunity for a Greenway through the Development. (It would be the development of the Commitments that would be placed in the Development Agreement). Jerry Hastings would like this Development Agreement solidified by next spring. The agreement would indicate the conditions and requirements for the Greenway path that shows compensation and maintenance commitments. David Stein moved to recommend to City Council the approval of the Final Plat for the Stonebridge Subdivision Phase II subject to the following: 1) Amended Development Agreement with the City 2) The agreement will be completed within five (5) months 3) The agreement will include a plan for the development and maintenance of the Greenways path 4) The agreement will provide for compensation to the developer for an easement for the Greenways path along the South side of the development. 5) The agreement will give assurances to the developer that the Greenways path will be planned and maintained by City/County resources. 6) The agreement will specify the location and design of the Greenways path along the South side of the Plat according to the negotiated agreement. 7) City Staff approval; Joseph Laird seconded the motion; Discussion: The five month time frame to perform or finalize the Development Agreement was reviewed. Declaration of Intent of the City to act on the agreement was discussed. The back of the 6 lots under consideration could be finalized by deed or easement depending upon the agreement with the City/County. The location of the Greenways path and the right of ways associated with the lots could be finalized in the agreement. The backbone utilities and groundwork for the development could proceed if the sale of the six (6) lots is delayed until the finalization of the agreement or the completion of the five (5) month time frame. Question: All voted aye, none opposed. The motion carried. Jerry Hastings and Winston Dyer rejoined the Commissioners at the table. Discussion on the street lighting that is allowed in the City with the local power company. There are only two lighting options available under the current tariffs.