HomeMy WebLinkAboutPLANNING AND ZONING MINUTES - 08-00543 - Neil Smith - Lot Split - Preliminary PlatPlanning &ZoningMinutes
April 2,- 2009
12 NortPi Center
Rexburg, 10 8344
coti-irmssioners, tt n
www.rexburg,org
tiG'lns ton Dyer , Chairman
Thaine Robinson Richie Webb
Nephi Allen Dan Manna
Josh Garner
Phone: . 20
-
F : x 08. . 3022
V -T. H pr
%:00
CITY OF
REXBURG
ow
men'Ca's Family Commun"ty
�,iY r �toff flr,c� Ofhakeik
Rex Erickson — City Council I.iaisan
Garr LelkriesS — P$cZ Adrr=lstrator
Val Christensen — Building official
Elaine McFerrin- Secretary
Chairman Dyer opened the meeting at 7:02 ptn. He welcomed evemone.
Roll fall of Planning and Zoning Commissioners:
Josh Garner., Nephi Allen, Richie Webb, Winston Dyer, Thaine Robiinson, Dan Hanna
Ted Hill, Charles, Andersen, Gil Shirley, and Randall Porter were excused.
Minwes-:
1. Planning and Zoning meeting -March 19, 2Q09
Dan Hanna motioned to approve the Planrux�� & Gnn�r,� minutes fog March 19, 20[l9. Thaine
Robinson seconded the motion.
Josh Garner and Richie Webb abstained for not having been present.
None opposed. Motion carried.
Public Hearings:
7d-05 pm — Conditionai'Use Permit -- Padchtigton Court — 535 Mariah
Chairman Dyes briefly explained the procedure that �s followed for public hearings,
Dave Badliatn,, 125 N. X40 mil., North Salt Lemke City, UT, Badham Con.structiaxz, representing the
contactor and the owner of Paddington Court, presented the proposal. He i's a member of the
Planning & Zoning Columission where he lives. He stated his sister Holly and her husband are here-
Xvi
th him and that his sister is a�,so vezy familiax vrith. this project. Hxplair�ed tha prqect on this
parcel was approved and permitted several years ago, in conjunction tivith the building of their
cougar Court Apattments next doot; this was prior to 24 — plexes. needing a conditional useermit
and needing sprinklers. The City asked them to look. at sprinkling. They told the pity they would
consider looking at the project to redesign ar implement fere sprinMers. That pro)cct was pug on
hold for redesign, and now tonight they are presenting the redesign. Mx. Badham pointed out the
site ate the overhead screen. A, foundation is in the ground from the earlier
project, fora 24-plex.
Val Christensen stated that the City deemed that the earlier project had not been worked on for a
period of time. Permit fees were returned, which the applicant xequested. This earlier- hermit is
cQnsideYed null and void.
Dave Badhani said work ptogtessed on that project, inspections took place per the �F � code, They
were do'�rzg theme work, It did not expire; they backed off at the City's request. 50, today they are here
with their conditional use permit xequest £or the 24--plex. They have 11icorporateti the 24-plex into
them natio project. They have ebtriinated units and lowered the densitywith the series of 8-plexes (six
of them) and the 24-plc� �it will lie sprinkled}. The 8 PXlees are not reaired to have a conditional
d.itionai
use perrnit ax to be spt-inMed. Mr. Badbam reiterated that at the time of the earlier project, a 24 -plea
was not a conditional use.
Richie *Webb asked for clarif cation of why they held off moving forwardith�vthe eatliex
development. Was it just the sprinkler issue or were othcz issues involved?
Hol1v Badharn-VankomenBadham Consttuction, said they held gaff sso that Paddington Court and
the City of Rexburg would not go to court. The btfflchng code provides that as longas the did not
case construction duri�-�g a x.80- day per�.od of timethey werein compliance with e code Theywere pr�nari�y ilivolvec�its buil.dira.g Cougar Court and were perzoc�i.cally �vo�kt�ig� on Pa�c�.ri ton
COUtt. They never cased work for 180 days. The project would have been expanded over bout 2
yeats.She can understand why the City may have been uncomfortable with this, but they were in
compliance with the code. They'agreed they would con -le back and be in compliance With the fire
rode when they took up construction again. She does not think it was foreseen that the 24-Pllex
would become: a conditional use.
Dave Badham clarified for Chairman Dyer that these were 2 separate projects tivith 2 separate
permits. He was involved as the contractar and owner. Thi Rrc�pertyT to the north hay been
developed. There is no additional ptoperty� to be developed after Paddington court.
Chairman Dyer referred to a staff review comment by Public Works stag there was no room on
the site plan for snow storage, and there was. P
mxnim__al green space . He asked Nlt.Badhatn to address
this issue.
Dave Badhatn said they now have less density. They have 34% landscaping. They have more
parking than is tegUired. He pointed out the ares of snow storage on the site plan.
There are just fewer than 170 parl�9 spaces.
G Aik�tlCss stated he completed a parking analysis, and there is mire than enough parking
Dave Badham stated they are prepared to deal with snow storage on site end 4£f, i£ needed.
Holli Badham-Var�ka�rren added they have done so for the last 3 years with the couza-r Court
property.
Dan Hanna wondered if there was a way fix their site plan to grantandlaccess tv the Iocked
property to the east.
2
Dave'Badham. did not think so. He stated the only thong they are hc-te fot tonight is to get approval
for a conditional use permit for t��� 24-plex. The gest of the site is in cornpliance with the, zone.
Chairman Dyer staffed the Commission needs to be sure of a number of throngs before a 24-plex is
approved. They have to make sure it fits in the site and that there is circulation and parkin. There
should also be continuity and coordination "With the neighborhood. He asked the length of the 24-
plex.
The CIS measure showed 15 1.94 Feet.
Chairman Dyer asked Gary Leikness- .for any xnformattion to help the Commissioners understand
the proposal.
Gari Leikness clarified that the zoning of this proposal is High Density Residential One (HDR1).
He stated that the question before the Cotlin"lission is does the use of a 24-plex multi-fammuily dwelling
fit ain this area? If so than approve it, if not then deny the request, or if there are any conditions that
will help it fit in, then approve the request with conditions. As a land use thus ptolect does not
appear to "stick out" Amongst other land uses in the surrounding area. Any issues could be taken
cate of through site flan xeview, and design standards. The Commission might include a condition
that the City Engineer will evaluate snow storage.
Richie Webb asked about access on the east- would it be xeasonable if this light industrial area were
rezoned.
Gary Leikness stated that ftom a hand use perspective, aCCeSS to the east OLight Industrial) would be
awkward in that heavy trucks aught be driving through an apartment cam.plcx parEng lot.
Chairman Dyer opened the public input portion of the hearing.
in Favor:
"011v Badharn-VankotnenBadhain Construction 11,75 N. G40 W. North Salt Lake 0ty., 'Utah. She is
also the managing member of the adjacent properqT. She feels Paddington Court is even more
appealing than some exisfirig projects. Students are staying in the area for a longer pe-tiod of ffine.
Some are having families. The courtyards with fences on the site pian were planned so that families
with young children would be shielded from the parl-,-i-ig dot. It is a nuce blend of uiuts for the area
to have not quite as high a density. She feels the development will be ars asset dor Rexburg
Neutral.4
Mike Racks, 901 South 5'h Nest. His concern is that once these developments are platted or built,
they are often salt. Hi"s concern as a citizen would be for the applicant to show on the site plan the
exact snow stoirage dor each building'. including the 24-plex., so It is stated in case df' futit-re sate of the
property. If phases are done, each phase should show snow storage.
Onnosed: Nine
Written Inimt: lone
Chairman Dyer closed the public input portion.
He asked Gary Leikness fog any infortnadon that might help the Con��ssioners to evaluate the
proposal.
N
GanTLellmess tefexred to the Plan
ning staff review noes. Ten feet of the xequired rear yard should
remain as landscaping. The side yard to the north should have a buffer to scxeen parking from the
adjacent xesidenti:al land uses. A mastersite pian should be subxrutted fortclTiew at the t=e of
application fax a building permit, t� �514'GV hOZTif �I1� developmcnt 15 going to pirogress.,
Chairman Dyer said the uestion before the Commission is, wild. a conditional use permit be
granted for a 24-plex or nog? If so, tiuhat condi ons should be stated?
The Cornrmssioners discussed the ptoposal.
Thaine Robinson felt the location was food fox such a development. It is away from the "eyes to
the street." He is concerned about snow storage areas.
Chairman Dyer said the layout of the buildings on the site plan was very race.
Dan Hanna motioned to recommend approval to City Council to ,grant a coil use permit for
a 24-plex, for Paddington Court., at 535 Xforitiah., including the conditions that the CitvEngineer
review the north propertyli��e regarding connectivity, that the landscaping on the east be
addressed, that a master site planshowing phasing will be subrmtted, that the pIan for the parking lot
and its landscaping uri�I be reviewed by staff ,that snow stv�rage and fencing campl3t with City
regLurements, and that afl other staff review concerns are addressed. Josh Garner, seconded the
morzon_
Dari Hannaamended his motion to include khat the layout of the buildings be substantially the
sarxxe as that which xvas presented with the application at tonight's hearing, and that the applicant
designate snow storage areas on a site plan for review by staff Josh Gamer seconded the amended
Ill4ti0n.
lone oppose. Motion carried.
7.20 pni -- Rezone -- Jated Sommer — 431 and appxoxunately 445 West 4thSouth Cotnmum'ty Business Center (CBC) to High Density
Residential 1 (HDR1)
arecl Sommer, 3614 N. 3000 WO,, presented the proposal. He tecently camp before them and City
COUI-161 v�,rith his Comprehensive Plan Map Amendment application, which was approved. The only
condition was for him to proceed very soar for a rezone, which he's now acting on as his next ste .
He wanted to clarify the questiotl of hove deep the Community Business Center Zone wo,�ld Uc: 165
feet is the correct footage, with the ComPrehens�.ve Pian Map change for just the reaalf of the
Parcel.,, to High Density Residential 1. The front of the parcel remains Comtnunity Business tenter.
The property depth is 33Q feet. He poil-ited out the north ptoperty line and the south propetty line
on the map projected on the overhead screen. Mr. Sommer blas met with pity staff to address all of
their concerns, putting forth intensive effoxts to comply with City reguixern.ents. He pointed that at
the very center of the propetty is an 8 -inch sewer line that would require a 14 foot easement on
ether side of it. His proposal snakes sense, because nothing could be built over the top of this sewer
lute.
!I
Dan Hanna wondered if it would be its the applicant's best interest to include the north part of the
parcel in the rezone.
Jared Sommer said it has never been his intent to do anything residential to the front part of the
parcel. He does have an idea about a possible viable favorable business that would fit on the front
part of the parcel that remains Community Business Center. He did make some dramatic
ingress/egress changes for the Erre department.
Chairman Iyer asked how soon development would begin if the prezone request were granted.
-fated Sommer statedhe has already had meetings with banking personnel.
Chairman Dyer asked Ga Leikness for anything to help the Coniniassioneirs understand the
proposal.,
Gary_L!qz�in.ess stated that the one qucstion he has to ask when these is a rezone request is if the
rezone is in compliance with the Comprehensive Pian - it is. The, Comprehensive Pian Map
designates the subject ptoperty as High Dens'
.tyr Residential, as was requested by this applicant in his
Comprehensive Plan Map Amendment application just a short dine ago. All they are asking for is a
zone change; in this case It is not project specific.A straightfoxwaxd zone change xray be a�pra�riate
in this case.
Chairman Dyer opened the public input Portion of the hearing.
In Favor: None
Neutral', None
O"ased: Note
Wriallen Inuut: None
Chairman dyer closed the public input portion and asked Ga-
U-1formation
I�e�kness if there was any to add to help the COr��-�ission de�iberate heir decision. There was not.
The Conirnission discussed the proposal.
i , �
Apossiblet(condition)"eF
mien the Comprehensive Plan Nlal:) Amendment application for this property was heard)USt
recently, there was a natxo��T �n-fa�-or vote a� the Planning & Zolld'ng Cotnrmssion siagc. `I"he City
Council voted unanimously= for the map chat-ige. If the City Couticil app��ved and are comfortable
with the change and are willing to move i� farwa�d for a �ezvne, that is to he a consideration.
Dan Hansa clarified that they v�rouid lie clanging d�e zoning on the back part of the parcel at
approximately 445 West e South to High Density Residential One, and that the front part of the
parcel would remain Conimunity BUSI'
ness Center.
61
Chairman Dyer stated that was correct, but thexe is the coneexn 'With «hof canbc done in the
future with the front part of the parcel.
Thaine Robinson said he does not have a problem with this rezone request. Thaine Robinson
thought that a sunset clause on tlhe Sommer rezone might be needed that would be consistent with
the sunset clause the City Council but on the. ori,rirlal S(,)r=er comptehensiv. e flan My -b+-%,
Amendment application, in which the hand use would revert back to the original commercial
designation.
Richie 'Webb stated if the applicant cannot make the ftont of the patcel work, he might have to
come back before them for a rezone.
Nephi Allen said he does not think a sunset clause would accomplish anything, although he
understands its purpose,
Josh Garner stated he voted against the Comprehensive
property and still does not like the proposal.
The discussion continued.
Map Atnendmentapplication for this
Ga Lelkness stated this application may not make it totally clear to the Co
rful-lission what is Co be
rezoned. He said the motion could clarify that the rezone follow the Z property descriptions, or
should mirror what is shown on the Comprehensive Plan map desIgnation as High Detisity
Residential.
Richie Webb motioned to xecommend approval to Clqr Council for the -rezone at 431 and
approximately 445 west 4th South, from. Comrilu.nzry Business Center (CBC) to High Density
Residential 1 (HDRI}, clarifying that t1�us �ezane should reflect and follow the boundan'es of the
High Density Residential de-s*igtinao� as shown on the Comprehensive Plan Map for the two
specified parcels. Nephi Alen seconded the motion.
None apposed. Motion carried.
Unfini,shed/Old.Business: None
New Business:
I . Preliminary Plat — Tamana Fields
Kurt Roland, Srhiess & Associates, 859 S. Yellowstone Hwy, Suite 25Q3, representing the
Fujil-notos, the owners of the proper"T. This plat is on the north side and the south side of
University Blvd., neap the Yellowstone Hwy. The total acreage of the project is 77.35 acres. 'They are
proposing 82 building lots, including 6 dots m' the residential area. Mx_ Boland addressed the staff
review cDmnuent5. He stated they fell that goads flowed «eu, although Planning staff review
comments called for changes. As to the comment regarding optinuzed use of internal aroads, they
0
xvill be worked on as the development progresses, and the developer will work with the City
engineering department. Public Works also said adequate access will need to be ptovided along
South YeUowstone,, which has been addressed in the site. plan. There tivill be a landscape buffer along
Um'vetsity blvd, and at least 4 accesses that are 4a0 feet apart, as Public works requested. All 4
accesses line up for traffic management purposes. In regaxd to the comment about tees lining the
roads, roads will be well landscaped,
Chairman Dyer clarified that finitig the streets with trees would help to deeate roads in the
wintertime.
I<Zurt Boland stated they intend to use underground storm retention. Patking Tots will be landscaped.
As mush green scale as possible will be used for drainage and snow storage. There is plenty of
parking planned for development. Big box parking will have more spaces than is required, and some
of the parking spaces could be designated far snow storage.
Richie Webb asked the number of parking spaces that will be provided.
Mr. Roland stated he did not know the exact cumber
Michie Webb asked the square footage of all. the buildings added together, which is how parking
spaces would be calculated in combination with the use of the building.
Kurt Roland said when the plans were drawn up, the number of parking spaces was ovex what was
needed. He pointed out on the projected overhead screen map the retail, xestauirant, Parafess�ional
business, and dig box areas. Some -one may come in to buy 2 or 3 lots at a time. The west end of the
piropetty is planned for large retail.
Chairman Dyer clarified that the projected site plan is a "'representation" a£ bui].c�.it-igs that might grr)
into this very big project.
Kurt Roland stated this plan is a concept. The Fujimoto family will sell the Iota individually. They are
not doing the development. This plan is what they hope twill happen. He stated there will be
landsci,,pj'
.r�g, wi.�i good visuM
al presentation to the street ' r. Roland addressed the comment about
talc linzng up of �v�ik�.n Drive for txaf�ic manageme�.t purposes,, expla�.tiing they deterrnined,it would
line up at the Steiner property., which is where the roam would go through.
Ga Leikness clarified that his staff comment regarding roads referred to the east/west roads and
how they line up. lt did not refer to the no-rth/sough roads.
Dan Hanna poi-nted out the Planiin--ig staff comment that he felt summed up everything this
subdivision should be looked at as a concept.. .".
hurt Roland stated they would have to start the selling of dots bv the South Yellowstonc Hwy.,
because that is where the utility connections are presently located.
Chairman Dyer asked if this plat was the preliminary pkat for the entire development, as opposed
to a conceptual/ master flan.
7
Kurt Roland said this is the ptelirninarve plat for the entire development, tivith phases planned for the
final plat-, 0
Chairman Dyer said this is a huge subdivision.
There was further questioning and discussion.
Kurt Roland stated that this proposal is a 20 to 30 -y -ear project .He stated the problem that the
Fujunotos are having is that potential lawyers wa.rit to see an approved master plan for the entire
project before They coYnnmt.
Josh Garner asked how many phases were planned.
Kurt Roland said he dad not know at this time, but phasing would have to stmt where the utilities
are. Future developets wart approval by the City before they will make any offers.
Chairman Dyes stated that a proposal of this complexity and size would be betterP resented brokeninto pieces to be }getter customized, rather than presenting one huge plat.
Mx. Ful*:'Lmoto said that right now the problem is they do not know where accesses are, so they
cannot tell potential buyers this information.
Chairman Dyer stated the Gotrlt7ljssian would be more comfortable �vIt�. tonight's presentation
beilig forarn overall master plan rather than a prehmina�y plat. He Felt accepting it as a master plan
would be a very good approach.
Qarv, Leik-ness said a preliminary plat has too many inhetent land use rights once it is approved. The
plannuig review comments st�.f+�d that "...due to the cornplcYity of this plat and the t�.mme i�rivolved
for review, plannffig staff cannot verify that all site plan issues are resolver." A concept plan and
PattitionWg out in pottions, is recommended.
Dan Hanna wanted to go on record as saying this is a good start. Thete is so Much here; the
Comimssion needs to look at the proposal in bite -size pieces,, As a concept, it is great.
Mr. Fujunoto asked if a concept/ master plan would tell them where the accesses and the roads are.
Chairman Dyer stated a master plan basically states where the 4 approaches and the xoa�s will }�e
ox ova-{.ld closely be,, He stated, that the ComMissioners are strLiggling. A number of issues need to be
discussed.; this project is both very large and complex.
Kurt Roland wondered if a concept plan could be recommended for approval toriight.
Discussion continued. Changing the name of Mikan Dries e was briefly discussed. The Cit) T grid Nvill
most likely cause the change of its name.
Gary Leikness suggested that the Con-11Mssion nail down what dart of the project is needed to be a
preliniii-lary platted at this time to help the applicant move along, butkvldi the xemainder of the
subdivision presented cansidercd as a concept, to be brought to them in phases.
S
Chairman dyer clarified for Mr. Fulltnoto the differences between aconcept/mastez plate and a
preliminary plat. The master plan and a concept-L7a1 plan are synonymous, basically the same thing
it is a general view, the idea of what is being planned. The preliniinary plat however nails down
specifics, such as lots,, street locations, eta. — it is definite and should be substantially in conformance
xvith the Concept master plan. The preliminary plat is thea followed by a al plat which would
make things law, to be recorded. He said what has been presented tonight is an excellent maser
plan_ The Development Code does not include rec�uixements for a master plan. He asked Gary
*I
Leikness to clari�yT gf tcanight's proposal can be fax a master plan.
Ga Leikncss said that for therecvrd, a concept/master plan leaves it flexible for both the
Cotnrru'ssion and the applicant -- it is not synonymwith �th a. pteliminary pias. It is not an
entitlement, but it gives the applicant the right to tell potential buyers that the P&Z Conitmssion has
seen the master plan and are on board with it. The applicant would need to present the City with
specifics when a preliminary plat is presented.
Chairman Dyer asked the Fuilmotos haw they felt time -wise about tonight's presentation going
7-
toward approval for a master plan, to be followed eventually by the first phase of a prelirninary play.
Mrs. FUW'noto said combitxing the north side and the south side of the propetty in a prehn-)inaxy plat
would be helpful, because of potential buyers.
Ptebn-iina-ryo plat possibiEties were further discussed.
Chairman Dyeir stated that the entre Commission is not comfortable with approving any
preliminary plat tonight. They certaitxly support this development, but they need to take the time to
exanvne it all, to see that everytl-iing works for the conimurnty as will as the applicant%develapex.
So,they are looking at only a master plan/concept plan approval for tozught.
Discussion continued. The zoning of the propertv is Region -al Center on die south side ofUniversity Blvd. and General Business District to the north of University Blvd.. There was further
discussion of the east sideof the project; the large retail on the west side of the ptoject is pretty well
laid out. The City will work tivith the applicant on fees. They have already basicaUy paid for the
master plan and phase I of the preliminary plat. Any necessa,r3,, adjustments wffl be mace or carried
over.
Chairman Dyer asked the mearii.ng of the word "tamana".
Mrs. Fujitnoto explained that "Tamana"is a city �,n Japan that the applicants" parents came from.
c'Mikan" (as ltl Mikan Drive) f5 a S11all orange that t5 only gr- own in Japan, and that is what their
family still raises agriculturally. They have tried to tie in the name of that drive to the loss of their
farn-Aand in this City.
teary Lelkness suggestedthat though the Commission is asking the applicant to comp back with a
preliminary plat iri phases, that the Commi'ssion move the master plan/concept flan on to City
Council for their -review so that the Cit3TCouncil can exan�ine it for any issues theyT xray have with it
before the Commission exploxes a prehn�inary plat proposal. This will help address the concern of
the applicant about where their road access points will generally be approved.
9
Charman Dyer said this project is the definition of sough Rexburg. The applicants can continue to
work on the preliin'
naty plat without being held up time wise,, while the master plan would move
forward to the City Council. A master pian basically tells what the land uses will be, and the
pteli-t-ninarv, plat will be much more specific.
Thaitie Robinson motioned to recommend approval t� City Gaunctl of the conceptual master plan
fox the Tamana Ficlds Subdivision at University BlNrd. and Yellowstone Hwy, to Mikan D -rive on the
east, �,�ith the lend uses designated. Dam Hanna seconded the motion.
Thaine Robinson amended his motion, recammencEng appravai to pity Council of the conceptual
master plan dor the entire subdivision pkat. Dam Hanna seconded the amended motion -
None
Kane opposed. Motion carried.
The'City will try to schedule the master pian for the Tatnaria Fields Subdivision for the next City
council meeting an April 15, 2Q09.
It was decided that xepxesentatives from rhe P&Z Coinmission would attend this April 15t`1 City
Council meeting to comment or to answer any questions the City Council'
mghi have about
tonight's decision.
2. Prehrninary Plat - Pioneer Poillte Condormmums
Kurt Roland,, Schiess & Associates, representing Jon Gregory and Summit Development. 'Phis
proposal is for bifflctfi-ig all condomir►iums, so that each can be sold itzdivid�all�r. The- project includes
4 acres on 7"' South that are located behind World Gym. The land was formetly Mary Ann Beck's
property. It is zoomed Medium Density Residential One (MDRI). He explained that all parking and
landscape -requ,�ements are met. He addressed a Public Works staff com-ment, stating thedeveloper
will be putting in an asphalt path and getting yid of a couple parking spaces, so that there is the
accessibility for snow storage. Retention ponds ( 3 feet deep) will be used. They will be landscaped.
He pointed out an the projected site plata where a park with playground equipment and a basketball
court tiviU be located. There will be lots of landscaping. There will be lots of green scape. and
stated there will be 60 units (fifteen 4- plexes). Grass and berms will be used. Trees will he planted
along 7"' South. A vinyl fence will be put around the peruncter of the property as a buffer from
neighboring properties. They have addressed all requirements for condanj.iniums. The Stonebrook
Apartments are to the Hearth of this plat. The biffldings of Pioneer pointe Condominiums will be
staggered.,
rl lettet from Mary Ann Beck's attorney was submitted to City staff requesting that she be
reimbuxsed by the developer of this property for her payments to, install Power, watex, and sewer
lines to it when her hams was being built.
Chairman Dyes asked if Kurt Roland, and Jon Gregorvhad received a copy of his letter.
_ion Greqorystated he has a copy of the letter, and he agrees to what the ?etteY is as -king of hiMself,
the develo�aer.
Chairman Dyed said the letter's request would be a condition of the development agreement with
the City.
The Commissioners discussed the proposal
Gary Leikness recommended the motion include addressing of all staff' department cUni.merlts. He
also stated that though a copy of the CC&Rs should have been submitted at this time, a copy of the
project's CC&Rs would need to be submitted for review by the City attorney pxzor to fina1plat
approval. They do meet the parking requirements for condo�uxns, u-rhich zequi�es additional
spaces. They areartangeci things to make open space more oriented toward the street The applicant
has incorporated a lot of positive things in the site plan.
Chairman Dyer said this proposal has openness and good presentation to the street.
Richie Webb recused himself due to conflict of interest.
Dan Hanna motioned to recommend approval to City Council of the Pioneer Pointe
Condonift-itums Prelinxuiary Plat on West ThSouth,, to include that all staff review comments are
addressed, to have the CC&Rs reviewed and acknowledged by the City Attorney, and that the
developer incorporate in the site plan the staggering of the buildings of at least 3- foot jigs, andthat
and snowremoval be further -reviewed by City staff. Josh Garner seconded the motion.
Dam Hanna amended his motion to add that the developer shall have a developm g eement
with the City mat wifl include addressing of sharing of utility casts with Mary�'�,�ar� Beck, the adjacent
property ativner.
[Matt
l\",ate: The utility
subject is in response to a litter submitted by Mat�.TAnn
Beck's attorney]
Josh
Garner seconded
the amended
motion.
done opposed. Motion carried.
ComPliance: None
Non controversial Items Added to the
endo:
I. Rachel Whoolery — request regarding Conditional Use Permit #0S 00522
Rachel WhoolejT,, 2169 Ferris Lane,, representing Sa,qqara properties, which owns the dorrmtory
housing at 165 S. 1" E. (Conditi
Onqcl Use Permit #0S 00522). They have spent the last several
months since she was before the Commission regardi-ng thEs Conditional iJse Pernit, confofming to
all the requirements needed for dormitory housilig., 11-1cludirig legal easements for parking,
remodeling the building inside and out, and electrical updating. They,have demolished outbuildings,
sheds, and an extra garage to prepate for the parking lot. They have removed trees and added
parking. They have improved the property in matey gays. the gave the Commissioners a handout
that shored all fout of the Saqqara(W-hoolery) ptoperties, and an aerial. photo of the properties was
shown on the overhead screen Mrs. Whoolery has put in parking near Amanda's Cottage (naw
called Aberdeen) and has added enough parking for all the residents. Since winter has now ended,
they are ready to cantanue an with their parking plan. However, Mrs. Whoolery has been attending
the past P&Z meetings where the PES (Pedestrian Emphasis Zone) parking zone was discussed.
I I
She really admires the creativity and progtessiVe thinking that is going into trying to densify the
perimeter around BYLT-1. The properties fit within that gone. She is also interested in putting the
four properties Saqqa-ta owns to better use. If iters, WhooleryP uts in a $67 000 parking lot by the
June 1, 2009, dead e date for the conditional use permit requirements, she will be sohdifying that
they are keepilig the 4 houses, and will have spent so much into them, that they XvIll not have the
flexibihty to move on at any time saQn. She said the C'"y wiIl probably have theme parking reduction
otdinance in place in the next few months.
Therefote., Rachel Whoolery is proposing that if the Conuyiission will grant her I moire year on heir
candidonal use perrm'trequiretnents deadline, she will look into the cast of actually putting a
complex in, instead of the 4 homes. They also want to explore possible underground parking and
building living space above it. Let her explore the chance of doing what the. PEZ zone add-tesses;
they are looking at tearing everything down and rebuilding.
Chairman Dyer said that is exactly the purpose of the PEZ requirements. It is good for the
applicant/ develop ex and for the CitTand for the Uruversity.
The Commissioners discussed Rachel WhoolM-s request. This is what they would like to see.
Wr
Gary Leikness suggested extending the conditional use hermit deadline date for' stallation of the
required parldtig lot for one year to June 12010, in light of the PEZ zone potenfially being adopted,
and keeping the sunset clause, so that if another extension is needed_ the annlicar,r tvn,,1f] haxr.� *,-►
come before them again.
Chairman Dyer thanked Rachel Whoolery for her creative thinking and being sensitive to the
cQrz�.munity.
Josh Garner motioned to expend the Rachel Whoolery (Saqqara Properties) Condidonal Use Permit
#D8 005225 to a deadline of June 1, 2Q1(}, with the condition that the applicant tivill ether complete
the parking Ion, or the applicant will rnake application to take advantage of the PES gone
opportunity,,, by that date, Dan Hanna seconded the motion.
None opposed (unanimous fox the record, per Chairman Dyer). Motion carried.
2.. Development Code 92G — additional input?
The Commission discussed and clarified further changes to the Development Code 92G revisions.
Dan Hanna motioned that the Development Code 926 Clean-up xnove foirward Ent- _qd1ovriarx Y
City Council, for the April 15, 2009 Public Heal:a-ig, to it�.clude the modifications discussed at
tarught's mee�.ing. Josh Garner seconded the motion.
None opposed. Motion carred.
3. Mixed Use Zones discussion — to be addressed at the April 16th P&Z meeting
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4.
4. Sign Ordinance — Temporary Signs and Banners — to be addressed at the April �.G`�'
P&Z meeting
ReVort on Rtg�ects: None
Tabled Requests,9
W&
1. Final Plat — 'Trehusen Subdivision 0 � 0 05"t 3
A letter was sent to the applicant of this project, with a copy gong to the project engineer.
It sated that if the requested clarifying ownership information was not submitted for the Apiril 2,
2009 P&Z meeting, and if the applicant or a representative were not present to give the 'information,
then the al plat application would be considered null and void. �1 new application for final plat
approval wo-Lild need to be submitted.
Twine Robinson motioned to pick the Trehusen Subdivision Final Plat up off the Kahle.
Josh Garner seconded the ;rriotion.
None opposed. Motion carried.
'11he Corrunissioners discuss.ed tliis Issue*
Thaine Robinson motioned to deny the final plat request for the Trehusen Subdivision, due to
insufficient ownership information. Josh Garner seconded the. motion.
None opposed. Motion carred.
Buildina Permit Ap-Wication RNome
%,-.,P
Heads Ute:
.A,
1. Joint P&Z meeting hosted by Rexburg — Apr1130 at 7:00 pm
The 5 Planm*ng Zoning com�nissians (Rexburg, Madison County, Sugar Cit -fir, Ntewdale.,
be contacted to give input for this meeting's agenda.
The meeting was adjourned at 11:45 pm.
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