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HomeMy WebLinkAbout3.18.2021 P&Z Minutes_exppdf 1 City Staff and Others: Alan Parkinson – P&Z Administrator Tawnya Grover – P&Z Administrative Assistant Natalie Powell – Compliance Officer Spencer Rammell – City Attorney – McKenzie Cole Chairman Rory Kunz opened the meeting at 6:30 p.m. Roll Call of Planning and Zoning Commissioners: Roll Call. Present: Chairman Rory Kunz, Vince Haley, Kristi Anderson, David Pulsipher, Todd Marx, Randall Kempton, Aaron Richards. Absent: Greg Blacker, John Bowen, Sally Smith, and Jim Lawrence. Minutes: Planning & Zoning Meeting March 4, 2021 (action) MOTION: Motion to approve the Planning & Zoning minutes for March 4, 4021, as recorded, Action: Approve, Moved by Randall Kempton, Seconded by Kristi Anderson. VOTE: Motion carried by unanimous roll call vote (summary: Yes = 7). Yes: Aaron Richards, Chairman Rory Kunz, David Pulsipher, Kristi Anderson, Randall Kempton, Todd Marx, Vince Haley. Chairman Rory Kunz reviewed the Public Hearing procedures. Public Hearings: 1. 6:35PM – (21-00063) – Stonebridge St or Approx. 525 E 7th N (RPR6N40E176600) – Rezone from Low-Density Residential 2 (LDR2) to Medium - Density Residential 1 (MDR1). The Comprehensive Plan identifies this area as Low to Moderate Density Residential. The owner of this parcel also owns the parcel to the west on which the Centennial Townhomes development is built. (action) – Jeff Freiberg Mr. Freiberg was not present and Alan Parkinson was asked to present the application in his absence. Applicant Presentation – Alan Parkinson – The zone change before the Commission tonight is located north and east of the church house on E 7th N. The Applicant owns the property to the west zoned Medium-Density Residential 1 (MDR1), called Centennial Townhomes. He will continue to build around the church, but needs the MDR1 zone to continue his development. Staff Report: Planning & Zoning – Alan Parkinson – The application matches the Comprehensive Plan for the parcel. The request matches what Staff believes is beneficial to the area. Sewer and water can service the development. Staff recommends the application to the Commission for approval. 35 North 1st East Rexburg, ID 83440 Phone: 208.359.3020 Fax: 208.359.3022 www.rexburg.org Planning & Zoning Minutes March 18, 2021 2 Commissioner Questions for Staff: None Conflict of Interest? - Chairman Rory Kunz asked the Commissioners if they have a conflict of interest or if they have been approached by any parties relative to this particular subject. 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. None. Chairman Rory Kunz reviewed the public hearing procedures. Mr. Freiberg arrived and the Commissioner let him know he would be able to speak for the rebuttal. Favor: None Neutral: None Opposed: Ronald McKenzie - 652 Mill Stream in Stonebridge – The objections he has are threefold: 1) Negative impact on nearby and surrounding property values. The existing medium- density, not meaning to offend anyone, has been nicknamed “communist row” due to its resemblance to Russian Gulags. 2) He believes this will have a negative impact on the quality of the community due to the massive increase in population. 3) The local infrastructure is currently inadequate due to potential congestion. The roads are very narrow and there is limited egress in the neighborhood. Neil Erickson – 679 Mill Stream in Stonebridge – He is rarely against expansion in our community. He has been a businessperson all his life in this community. In this instance, there are a few things he thinks we need to look at, making him opposed to the request. My first concern is this is a real stretch for anyone’s planning. To make this area medium-density zoning, there are no parks, shopping; there is nothing within walking distance, especially in the climate we live in. E 7th N is an east-west road and snow is blown in all the time. The services are county- run; it is not good service. As a consequence, this road is in trouble, because of mistakes that have happened in this area in the past. He has talked to various Stonebridge residents. This density will put added pressure on an already over-used, unfixable situation at the intersection of N 2nd and E 7th N. Carlow Apartments is built too close to its east neighbors. Some units look down into their east neighbors’ backyards, causing no privacy for already established homes. 2) Stake Center built too close to 7th N, creating a road-widening problem. 3) Centennial Townhomes – continuing this kind of development is a mistake. 4) An overload is created onto N 2nd E. The reason is due to the close proximity of the road to the railroad track and the intersection of the Sugar City Highway. Stoplights can only remedy the problem so far to manage the mess. Currently, there are four stoplights within a quarter-mile distance, with a possible fifth due to the apartments under construction adjacent to Harbor Freight. This will only continue until an alternative north-south route is established to the east, allowing a route South to the BYU-I campus. His understanding is medium-density housing should have easy, walkable access to community services, such as schools, shopping, and parks. This property, even if there were sidewalks, which there is not, would be too far away, especially in winter months, causing people to drive everywhere they go. With an average of two vehicles per household in Madison County, you are asking to put 400 additional vehicles into this area and N 2nd E, the major corridor for the whole city. Practicality, distance, and traffic mismanagement does not support MDR2 zoning at this time. The zoning should remain from Stonebridge Street east as completely rural. The line 3 should be drawn at Stonebridge St. Not until the north-south street is built, will this area be conducive to medium-density housing. At 7th N and N 2nd E, there is a railroad, a major trucking route for the Basic American Food plant, and a main access to Sugar City, which continues to grow. The south side of Sugar City has expanded to the south towards Rexburg as medium- density, creating a problem for Rexburg. Their density files right into the problem at this intersection; it is not all Rexburg city’s fault. Tina Brower – 496 Woodbridge St – She agrees with Neil and Ronald. The area has been inundated with buildings. The streets are falling apart like many others in the town. Reuben Miller – 547 E 7th N – The address he lists is the property just north of this applicant’s zone change. He purchased the property in 2018, knowing this property to the south was zoned LDR2. He and his wife are the proud parents of seven children; they wanted a rural area for their kids. The home is offset from E 7th N and there is an easement through the parcel-zoned agriculture, east of the applicant’s parcel, to get through the farmer’s field to his property. Farmers adjacent to him flood irrigate. The medium-density residential development have been built without any consideration for the water rights, to preserve the drainage to that goes to the river. The backup of water has made his property more of a marsh then the prairie he had initially purchased, where alfalfa and barley could be grown. He does not feel the city is ready to support this density with their infrastructure. The location of Reuben’s parcel is within the city limits and requires him to use the city trash services. The city cannot pick up his trash on a weekly basis; he is missed all of the time. If the city cannot service his property, then this area is not ready for this density. Drainage around Stonebridge is not running how it needs to, and the water way is full of everyone’s trash and the drainage is not maintained; it cannot run uphill. He has contacted the canal company to try to remedy the situation. The city does not send notification for permits to determine the easement for the water rights to the canal company. The land is being built on top of them. The concern is he is not ready for apartment complexes to be in his front yard; it is not his property, but the medium-density housing where it was low- density is not what he anticipated. If there were a spotted owl on this property, we would spend five years trying to figure out what the impact on it would be. My seven children are impacted. Rebuttal: Jeff Freiberg – He apologizes for his tardiness. The Comprehensive Plan identified this area as low to moderate density residential. There is medium-density across Stonebridge St just across the street to the west. He was thinking of building a similar project on this parcel. When Jeff approached the City about this application, Staff felt it was an appropriate place for medium-density residential. This is the reason why he turned in the application. I realize we are taking a step up to medium-density residential, however the product is not apartment homes, they are just twin homes. Written Correspondence: None Chairman Rory Kunz asked if anyone else would like to speak. He closed the public input portion of the hearing at 6:53 p.m. Commissioners Discussion: Vince Haley asked if Alan could answer a few questions. Each one of the concerns mentioned tonight was about the city’s ability to maintain this area, which has not only grown, but will continue to grow. A stoplight was put in at this intersection recently, and hopefully, that has been a blessing to residents. Vince asked Alan to tell the group about the plans for street widening 4 and sidewalks, etc. This year, E 7th N will be widened with sidewalks, curb, and gutter from N 2nd E to Stonebridge St. The developer will have to put in these items to the end of his property on his half of the road. Kristi Anderson asked about the church being built too close to the road. Alan said when the church house went in, the church was set back to anticipate the widening of the road. The width was determined, taking into consideration its connectivity to the East Parkway Corridor. The first construction you will see on the East Parkway Corridor is a bridge over the river and a connection to Barney Dairy Road to relieve the traffic pressure in this area. Alan is unsure of the timeline for this construction. Aaron Richards confirmed, regardless of the density, the roadway would be extended across the frontage of the applicant’s property. He asked if road connections would be required to the north. Alan said Stonebridge Street is the north-south connectivity planned to connect up to Thomson Farms. A connection will be made with Ella Ln and Stonebridge St. Road connectivity is reviewed at each application. Chairman Rory Kunz said Mr. Miller expressed some concern about site-drainage and water flow. Has anyone discussed this issue with you, Alan? Alan has not heard of this issue prior to tonight. One of the issues in this situation is private, farm ground. The city does not have the power over private drainage; this would be a collaboration effort with the farmers themselves or the canal company, unless there is an agreement with the city that the city is going to do that. Alan is not aware of any agreement like this. Alan said there is a park scheduled, possibly starting this year at the Barney Dairy property with access on E 7th N and another access at Barney Dairy Road. The added density for tonight’s proposal would only add 80 additional cars. 40 units is the maximum density allowed on this parcel in Medium-Density Residential 1. Neil Erickson said all of the traffic still comes out onto 2nd E. Alan agreed. N 2nd E will blow up on us soon. The stoplights help the situation temporarily. The city is working with ITD. The stoplight will go away, the Sugar City Highway will have a cul-de-sac and a new connector will be built to N 2nd E at Thomson Farms Rd. The long-term goal is connectivity on the East Parkway Corridor. Neil Erickson’s understanding is the East Parkway Corridor is a 25-year plan for fifteen (15) miles of road. Alan confirmed the completed East Parkway Corridor is a 25-year plan, but the piece Alan is talking about is the first phase of this road to connect Barney Dairy and E 7th N. Neil said until it is completely finished, strain on N 2nd E is not relieved. Alan said there are other alternatives the city is looking at as they try to find solutions for the congestion on N 2nd E. Chairman Rory Kunz clarified the 25-year plan includes connectivity from University all the way to Sugar City. Mr. Erickson, we have also closed the public input portion of the meeting. Mr. Parkinson needs to be allowed to do his job. Garbage trucks sometimes miss; Alan hopes Mr. Miller is reporting this to the city. When Staff looks at these application requests, we look at if we have the sewer, water, and the roads in place to service the request. The Public Works Director is telling Alan the City can service the density of this request right now. Aaron Richards asked to zoom in the parcel. He counts 26 platted lots in Stonebridge south of the current homes, and once the remaining vacant land in Stonebridge is platted, there will be an additional 100 vehicles. Alan responded; Stonebridge Div. 2 has been taken into consideration, because it was already platted out. Reuben Miller said he understands the public input portion of the meeting has been closed, but there has been some comment back and forth, and asked if he could speak. Chairman Rory Kunz stated this is outside of normal protocol; this is not setting a precedence for future meetings. Reuben said he wants to stick with facts. He does not have city sewer; he is on a septic. He does not have city water; he has a well. Chairman Rory Kunz clarified when Staff refers to infrastructure, they are meaning the city’s lines can service and handle the increased flow. The developer will run connection from the city 5 lines into his property. Reuben has a leach field on his property and when the water table is high, he cannot use his leach field, so he has a septic system. We are also talking about going from an agriculture zone to medium-density residential to commercial. Aaron Richards confirmed the water and sewer lines would be built to the east edge of the developer’s property. Kristi Anderson clarified his property is in the city. Chairman Rory Kunz brings up a good point; this proposal would go directly from a medium-density residential to an agriculture zone. The current zoning of Low-Density Residential 2 (LDR) would allow one residence per 12,000 square feet or three families per acre. Medium-density residential 1 (MDR1) would allow 16 units per acre. Aaron Richards verified the Comprehensive Plan Designation is the same for this entire area as low-moderate density residential. Vince Haley said in recent meetings about the Comprehensive Plan, the group has communicated they anticipate growth in this area. He feels bad for these residents; they have a nice community, but a lot of growth is surrounding them. It is a hard situation; we are going to see substantial amounts of growth in the future. David Pulsipher said the reason we have the ranges, is to allow the Commission to decide what is the best for this area. He has some concerns about the transition between zones. An island of low- density is going to be created by Stonebridge. Where is the transition? He sees a good reason to keep low-density around the church, rather than moving to the medium-density residential. This would allow a better transition. Vince Haley agrees, however all the comments from residents were about infrastructure. David said the residents also expressed some concerns about the concentration of homes, property values, the kind of neighborhood this is and how that affects the adjacent parcels. Aaron Richards said it can be hard when undeveloped property becomes developed property. When a farmer’s field is beside your parcel, that parcel can turn into anything. This is why we have these Comprehensive Plans. Aaron drove over in this area; there is a lot of repetition in the elevations for Centennial Townhomes, however these are owner-occupied homes. (Correction: These are rental properties all owned by the Owner of the property.) He is going to guess these are first-time homebuyers. The homes have one-car garages. Townhomes is exactly what is needed in this market, for those who can afford this level of housing. Randall Kempton said he has a question about the Commissions’ job. He understands the Commission is in a quasi-judicial role. What this means to him, is the Commissioners are supposed to look at what is on the Comprehensive Plan and determine if the project fits in the Comprehensive Plan; some of the Commissioners’ comments he agrees with, but he wants to know what his role is. Chairman Rory Kunz said the Commissions’ role is to judge the future of Rexburg and determine if this request matches the future growth of Rexburg. Kristi Anderson said the Commission is also given a list of criteria to weigh the proposal. Our decision should be based on those criteria to determine does the application meet the criteria to rezone? On the Staff Report, the criteria is identified. This helps her stay away from her opinions. David Pulsipher said clearly this request meets all of those things. We do have to offer some issues of opinion due to the Comprehensive Plan designation ranges. Part of our job is to make a judgement if this request in this part of the city is right for this time. Chairman Rory Kunz agreed there is a balance that needs to be weighed. Rory asked for more discussion. Kristi said there is a jump in density, but in a developing area, who is to say the land zoned Transitional Agriculture will not change in a year or so. She has a hard time denying this request based on the undeveloped land. Vince Haley asked Alan about any annexation requests. Alan answered no requests have been received for this area of the city. Aaron Richards was thinking about his neighborhood and the variety of housing and lot sizes adjacent to his; it is fitting to have a variety. Todd Marx is worried about getting ahead of the infrastructure brought in by an abundance of housing. He is worried about the zoning transition. Randall Kempton said there 6 is going to be pain in growing; is it going to be a few years of pain or a decade of pain? Clearly, there are infrastructure issues. Rory said it sounds like the road is being addressed this year, the East Parkway Corridor coming, but not yet. Randall said the city has anticipated growth in this area and that is why the Comprehensive Plan reads the way it does. He hates to have his nice little house being surrounded by other things, but that is what happens in cities. Kristi says the building goes in and does create a horrible problem on N 2nd E. Is there any way to speed up the transportation priority of the East Parkway Corridor? We have been told in the past when you get to the problem, the solution comes faster. Rory said this is especially true with the State; they wait for a road to reach critical failure before they will come and do their part. If it is city funded, and we reach failure, are we going to be in trouble for a long time? Aaron Richards says we need to be careful to peg this development with creating traffic problems. The build out to the south will generate more car trips than this request will. This is a regional problem; it does not have anything to do with this applicant. Vince Haley said there are certain places in this city, where I think I want my money to go to this road. The city is doing their best; Public Works is millions of dollars short. If we wait 25 years to allow for growth to wait for the East Parkway Corridor, the economy is affected; we cannot do that. He would love to have the bridge in. Vince asked how do you stop growth. Five years ago, he feels N 2nd E reached critical for him. Looking at the transition from Ag to this property, he measured the distance from the east side of the church to the city limit at approx. 761’; there is not adequate distance for the zoning transition. The transition should have happened thousands of feet earlier. We cannot stop the growth in this area in the future. How can we tell the applicant he can do the development on the property west of Stonebridge St, but 30’ across the road to the west, you can not? This is a hard no for Vince to make in this situation. (Reuben Miller spoke from the audience, but it is difficult to tell what he is saying.) Vince said the Comprehensive Plan calls for Low to Moderate Density Residential. With as much growth in this area that has developed into medium-density to almost high-density already, it is hard to say this growth will not continue. The application has to be addressed as it is submitted. David Pulsipher says he thinks this application makes sense. It is adjacent to medium-density; it is logical to extend it. He worries about the pressure this density will bring verses single-family homes. He is trying to weigh the benefits and costs. David has mixed feelings. Vince said the Meadows is near his home with a couple hundred units. The residents all drive down a country road that is beat up and old. This is a similar concern for him, but on E 7th N. Rory Kunz says the truth is people are coming and there is a shortage of housing from Nephi, Utah, clear up to Island Park, Idaho. Houses will be built one way or another in this area and growth will happen all over the city. How does this request fit the neighborhood and the future growth along with current concerns? MOTION: Motion to recommend to City Council to approve the rezone of approximately 525 E 7th N (RPR6N40E176600) from Low-Density Residential 2 (LDR2) to Medium-Density Residential 1 (MDR1), because the request matches the Comprehensive Plan designation and this fulfills the need for starter homes., Action: Approve, Moved by Aaron Richards, Seconded by Kristi Anderson. Commission Discusses the Motion: David has already expressed his concerns. This application triples the density for this area and the traffic this will create. He recognizes the need for starter homes. He is on the fence. Todd would vote for the application, because he sees a transition to higher-density through the years due to the close proximity of these parcels to N 2nd E. VOTE: Motion passed (summary: Yes = 6, No = 1, Abstain = 0). 7 Yes: Aaron Richards, Chairman Rory Kunz, Kristi Anderson, Randall Kempton, Todd Marx, Vince Haley. No: David Pulsipher. Chairman Rory Kunz recommended the community members, who attended the meeting tonight, show up to the next City Council meeting to express your concerns. Items for Discussion: 1. Reschedule of the Comprehensive Plan Map Work Meeting - Motion to postpone the Comprehensive Plan Map Joint Planning & Zoning and City Council meeting. Alan suggested the work meeting be held at 5:00p.m. prior to the April 15th meeting, then amended his recommendation to hold the meeting April 1st. The Sign Height in the Interchange reconsideration item has to be republished. The time was not adequate from the City Council’s decision to the next Planning & Zoning meeting to be noticed in the newspaper for the April 1st meeting. This hearing will happen April 15th. Chairman Rory Kunz encouraged all board members to be at the April 15th meeting. The more board members there, the more solid the decision will be. Tawnya has sent the video link to the Commissioners for their review of the City Council discussion and decision. The city council minutes will be sent when they are available. He told the Commissioners to be prepared for a lengthy public hearing. We could have a full house as word gets out to the neighborhoods. Rory reviewed the Commissions’ options. The Council is sending the application back to the Commission to encourage further discussion; the Council is not urging the Commission to vote one way or another. The Council was split 50/50 on their vote on whether or not to send the application back to the Commission. The Mayor was the deciding vote to give the Commission more opportunity for discussion. After all the arguments have been heard, the Commission has the opportunity to deny the application. The Commission can approve the application and uphold the Councils’ decision. The Commission can also recommend alternative amendments to the sign code within the City and the Staff will suggest some options. Tawnya confirmed the reason the application is bouncing back and forth between the two bodies is based on wording of the motion “recommendation to City Council to deny the application.” If the Commission had motioned to “deny the application,” the City Council would have been the appeal board. The process for this situation is based on the motion made, which determined the appeal body. The discussion on this application cannot happen until the public hearing April 15th. Aaron Richards said as the group comes to conformance as a body, is it then a recommendation to City Council? Rory said the application is not about the Berry’s sign; this has been the problem with this application since the beginning; this application is about an ordinance change throughout the whole City of Rexburg. Rory said denying the application would stop the application. A denied application becomes a dead application and the process is finished. The motion could be to recommend City Council deny the application. The Commission could recommend to City Council to approve the application with these changes to the application, sending the application back to City Council. He said the Council is looking for alternatives, which could include varying sign heights, change in the radius of the interchanges, etc. City Council asked Staff to identify possible solutions. Randall asked why Staff is presenting options, if we can only rule on this 8 specific application. Hypothetically, if you recommend changes, an ordinance could be written affecting the whole city for all the signs. Rory said there is a possible domino effect. Alan gave an example of this domino effect based on the timing of a sign application. For applications in the future, the Commission does have the ability to deny an application. There is a month between now and the next hearing. Stephen Zollinger or Spencer Rammell will be present at that meeting to help with legal counsel. Vince Haley confirmed the public hearing procedures need to be followed prior to any decisions made by the Commission. He noted the tallest signs in the city are for a fast food and a gas establishment as described by Mr. Berry. Tawnya mentioned to the Commissioners other items might be on the agenda for April 15th. Heads Up: April 1, Hearings: 1. 20 S 12th W - The R Mountain Development – Rezone from Low-Density Residential 2 (LDR2), Medium Density Residential 2 (MDR2) and Community Business Center (CBC) to eliminate LDR2 and expand MDR2 and CBC zoning areas. 2. 1265 Siddoway, RP0NIBR001009A, RP0NIBR0010112, and RP0NIBR0010080 – Impact Area – Rezone from Community Business Center (CBC) to Light Industrial (LI). The former Thompson Paving and Valley Ag properties to the South were recently rezoned to Light Industrial. Adjournment 7:51PM