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HomeMy WebLinkAboutP&Z Minutes 5.05.221 City Staff and Others: Alan Parkinson – P&Z Administrator Tawnya Grover – P&Z Administrative Assistant Kyle Baldwin – Planner 1 Natalie Powell – Compliance Officer Spencer Rammell – Commissioner Attorney Vice Chairman Haley opened the meeting at 6:31 PM. Planning & Zoning Meeting: Welcome Pledge of Allegiance: Aaron Richards ROLL CALL of Planning and Zoning Commissioners: Present: Vince Haley (Vice Chair), Todd Marx, Aaron Richards, Jim Lawrence, Bruce Casper, Eric Erickson, Brad Wolfe. Absent: Sally Smith (Chairperson), Randall Kempton, David Pulsipher. Minutes: Planning & Zoning Meeting April 7, 2022 (action) MOTION: Motion to approve the Planning & Zoning minutes for April 7, 2022, as recorded. Action: Approve, Moved by Todd Marx, Seconded by Brad Wolfe Commissioner Discussion on the Motion: None VOTE: Motion carried by unanimous roll call vote. (Summary: Yes = 6, No = 0, Abstains = 1). Yes: Vince Haley (Vice Chair), Todd Marx, Aaron Richards, Bruce Casper, Eric Erickson. Abstains: Jim Lawrence Public Hearings: 1. (22-00215) 250 W Main St. – Mobile Vending Court in a Mixed Use (MU) zone. This parcel is home to Wolfe Lighting and the business shared a parking lot with an auto dealer. The auto dealer area is being replaced by the Mobile Vending Court. If approved, this will allow a Mobile Vending Court for 4 or more mobile vendors, not to exceed 15 vendors per acre. The submitted plan is showing six (6) vendors on the west side of the property. An existing fence buffers between the Mobile Vending 35 North 1st East Rexburg, ID 83440 Phone: 208.359.3020 Fax: 208.359.3022 www.rexburg.org Planning & Zoning Minutes May 5, 2022 2 Court and the adjacent residential to the west. – Brad Wolfe (action) (Video Indexing 01:41) Brad Wolfe recused himself to present his application. The Infrastructure Plan was shown on the overhead screen. Applicant Presentation: Brad Wolfe – 16 Sunset Circle – He proposed this new Mobile Vending Court on his parking lot and some of his unfinished property at his business on 250 W Main. There are six (6) spots on the east side of the parcel that will each have electricity, water, and sewer. There is a plan for some future spaces if all goes well. The parcel was rezoned not too long ago to Mixed Use (MU). He was originally going to sell the property for development of apartments on the undeveloped north side of the property. A Conditional Use Permit (CUP) is needed to put a Mobile Vending Court on a Mixed-Use zoned parcel. He has an exterior door on his business building that accesses his bathrooms for Wolfe Lighting. He will put in an interior door to close off the bathrooms from the Wolfe Lighting side but leave the bathrooms accessible to the court. Right now, the restrooms are being used during open business hours and a portable restroom is used during closed business hours. The door has been ordered. A landscape area will be put in in the southwest corner to buffer from the road, similar to what is in front of his business on the southeast side; this was a request of city staff. Lighting will be added. Commissioner Questions: Eric said currently there are some food trucks stationed east to west. Will this change? Will all the mobile vending lots be along the west property line? Brad identified north of the six (6) mobile vending lots; parking spaces are shown. He identified a walking area that will be chained off to keep pedestrians safe. He needs a place for trucks to access and deliver on the north side of his business. He has a sixteen (16’) feet easement that will enter from the north that will be resurfaced and regraded with compacted rock to provide truck access. This second access also solves a lot of the traffic problems too; there should not be a real traffic problem on Main Street. He believes people will access the Mobile Vending Court from Main Street but can leave through the access easement. Vice Chairman Haley asked where Sorensons’ property is located adjacent to this piece. Brad answered Sorensons own the adjacent properties to the northwest. Brad’s easement continues out to W 1st N. Bruce confirmed the access. Eric asked how big the parcel is. Brad answered there is approximately 2 ¼ acres. Eric asked if the parcel would have space for thirty (30) mobile vendors. Brad said this would depend on parking to meet the maximum vendors per acre. Alan confirmed the parking per mobile vendor has been met per Brad’s request and he will need to meet the parking for future mobile vending lots. Eric asked what the parking requirements are for the mobile vending court. Alan said he would have to go back and look at the code. (9.04.060.F.4. says “Each vending location shall provide parking for at least four (4) vehicles.”) Brad responded there is all kinds of parking on his lot. Todd confirmed there is plenty of room for Brad’s court to expand if he desires. Staff Report: Alan Parkinson – Staff reviewed the application. Brad meets the zoning requirements. Any Mobile Vending Court requires a Conditional Use Permit because Staff wanted to be able to review the locations and make sure the requirements are met. Brad has met the sewer and water requirements including grease traps. The second access provides a 3 safer area for traffic. Fencing was looked at adjacent to residential; there is currently a fence on the west side of the property. Lighting will be inspected to make sure it is not directed into the residential. The noise ordinance will need to be followed. Six (6) spaces are being requested and he has more than adequate parking for the Mobile Vending Court and his business. Staff recommends the application to the Commission to recommend to City Council. Commissioner Questions: Vice Chairman Haley asked for a comparison for what is currently on Brad’s lot and what the Mobile Vending Court approval would allow. Alan said we have seen mobile vending trailers all over town. Trailers could be placed on a lot with permission of the owner with no requirements for water or sewer. When there are four (4) or more vendors at a single location, a Mobile Vending Court will be needed and the requirements in the code for this court will need to be established. Staff spent a lot of time with the public, meeting with vendors, to create the mobile vending court ordinance. This will be the first Mobile Vending Court in the city if the governing bodies approve this Conditional Use Permit (CUP). Vice Chairman Haley confirmed the details have been reviewed by the Staff. The Commission is focused on whether or not this request fits the neighborhood. Brad said he recalls the conversation about putting a court in and make adjustments to the ordinance if needed; he understands this is the situation. Vice Chairman Haley opened the public input portion of the hearing at 6:45PM. Favor: None Neutral: None Opposed: None Written Correspondence: None Rebuttal: None Vice Chairman Haley asked if anyone would like to speak - None. He closed the public input portion of the hearing at 6:46PM. Conflict of Interest? – Vice Chairman Haley 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. Commissioner Discussion: Todd says he thinks this is a good idea. This will be a good test for the ordinance. Aaron agrees; the purpose for the ordinance will play out and this is a good location on Main Street. Todd said you can walk to it, and it is not immediately downtown. Vice Chairman Haley said this is a proven location because Brad has had some mobile vendors on his parcel off and on. He believes the location will draw more people to the area. Attorney Rammell reviewed the reasons the Commissioners brought up in discussion regarding the request: it incorporates the mobile vending changes to the ordinance, it is a good location, a proven location, it fits the area, and appropriate conditions that have been put in place by the city have been met. 4 MOTION: Motion to recommend the City Council approve (22-00215) the Conditional Use Permit for a mobile vending court in a Mixed-Use zone at 250 W Main, because it fits the area, and it is approved by the city. Action: Approve, Moved by Bruce Casper, Seconded by Todd Marx. Commissioner Discussion on the Motion: None VOTE: Motion carried by unanimous roll call vote. (Summary: Yes = 6, No = 0). Yes: Vince Haley (Vice Chair), Todd Marx, Aaron Richards, Jim Lawrence, Bruce Casper, Eric Erickson. Brad Wolfe returned to the dais. 2. (22-00190) – 2 parcels on Handcart Ln (RPRPNRV0020010 & RPRPNRV002002A) “Palisades” – Comprehensive Plan Map change from Commercial/Mixed Use to MDR1-HDR2. These 2 parcels are part of the Pioneer Village subdivision. The surrounding property is designated as Commercial/Mixed Use or MDR1- HDR2. The total area for both parcels is 1.458 acres. – Bron Leatham (action) (19:48) Applicant Presentation: Bron Leatham – 1272 N Yellowstone Hwy – The property is currently zoned Mixed Use which allows up to thirty (30) dwelling units per acre. Of that, ten (10%) percent of the square footage has to be commercial. He is not a retail developer, and he is hesitant to build retail space to have it sit at a location that does not feel like it makes a lot of sense. Potentially, the parcels would hold two buildings that would be condo platted apartments. The request would do away with the commercial element requirement. Commissioner Questions: None Staff Report: Alan Parkinson – Staff said recent changes were made to the Mixed-Use zone. The zone used to allow the potential to have a residential/commercial mix, 100% residential or 100% commercial. The density used to allow 42 units/acre. When the code was modified, the objective for the zone was to establish a true mixed use, combining residential and commercial uses on the same parcel. So, the Mixed Use may have worked in the past with G’s Dairy on the corner. Looking at this area, you can see the MDR1-HDR2 surrounding this property. There is a minimum requirement, but the development can adjust the square feet beyond that. He showed the MDR and HDR in the area. Staff feels the request is a good fit for the area. Staff recommends the application to the Commission to recommend to City Council. Commissioner Questions: Vice Chairman Haley confirmed these parcels are part of a larger area annexed in 2001. Bruce sees three roads surrounding these parcels and asked about access Staff would require. Could parking for medium density and high-density uses fit on these two parcels? Alan said the applicant will have to meet the development code 5 requirements when he plans the development. The applicant can only build to the density that matches the parking on the parcel. Parking will determine the density that will be allowed. Keith will determine access points. Alan said Keith will prefer the least intrusive locations for access. These details will all be reviewed when the plans are submitted. Vice Chairman Haley opened the public input portion of the hearing at 6:57PM. Favor: None Neutral: None Opposed: None Written Correspondence: None Rebuttal: None Vice Chairman Haley asked if anyone would like to speak. He closed the public input portion of the hearing at 6:57PM. Conflict of Interest? – Vice Chairman Haley 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. Chairman Haley disclosed his wife works for the applicant, but she does not have any financial interest in the application. Commissioner Discussion: Brad says this request seems to fit the area. Higher-density residential is prominent in this area. He agrees with Bron, that it is dicey to put in commercial at this time. He does not feel the commercial will expand in the middle of the surrounding apartments. Todd agrees. Vice Chairman Haley agreed with Todd, nothing has been built on these lots; these parcels have remained vacant land. The commercial stores in the strip mall to the south have had several changes of businesses. There is not great access for commercial. Eric asked what is north of the Paul Mitchell school. Vice Chairman Haley said there are apartments. He asked Alan to remove the colors from the map, so they can see the buildings in the area. Eric asked why the apartments are in a mixed- use zone and they did not have to make this same change tonight. Alan answered when the apartments were built, the mixed-use zone, a combination of commercial and residential was not required. The changes to the mixed-use zone happened last year. Vice Chairman Haley reminded the Commissioners and former City Councilman, Brad Wolfe specifically to recall previous applications in which the applicants were seeking Mixed Use for the higher density, without any intention to have commercial. Brad confirmed this was true. Alan said the Mixed-Use zone also had a small setback allowing a greater number of units than HDR2, which allows the forty-two (42) units per acre. Vice Chair Haley said we recently rezoned land to the northeast also to HDR1 (21-00681 – Madison Station on Trejo St.). There is not a lot of commercial growth in this area. Eric agrees, the request blends with the other residential properties. MOTION: Motion to recommend the City Council to approve (22-00190) – 2 parcels on Handcart Ln (RPRPNRV0020010 & RPRPNRV002002A) “Palisades” – Comprehensive Plan Map change from Commercial/Mixed Use to MDR1-HDR2, because it fits with the uses and buildings currently in the area. Action: Approve, Moved by Brad Wolfe, Seconded by Aaron Richards. 6 Commissioner Discussion on the Motion: None VOTE: Motion carried by unanimous roll call vote (summary: Yes = 7 No = 0). Yes: Vince Haley (Vice Chair), Todd Marx, Aaron Richards, Jim Lawrence, Bruce Casper, Eric Erickson, Brad Wolfe. 3. (22-00193) – 2 parcels on Handcart Ln (RPRPNRV0020010 & RPRPNRV002002A) “Palisades” – Rezone from Mixed Use (MU) to High- Density Residential 1 (HDR1). These are the same 2 parcels from Hearing #2 and are part of the Pioneer Village subdivision. These two properties are surrounded by Community Business Center (CBC) and High-Density Residential 1 (HDR1) zoned parcels, except for the parcel immediately to the south, which is Mixed Use (MU). The total area for both parcels is 1.458 acres. – Bron Leatham (action) (31:41) Applicant Presentation: Bron Leatham – 1272 N Yellowstone Hwy – He is hoping to start on this project this year. He feels this is a great location. Bron would like to front the buildings on Pioneer and have two accesses on Handcart Ln to conceal the parking behind the buildings. He will do his best to make this a nice addition to the community. This is about the last undeveloped piece in the area. Commissioner Questions: None Staff Report: Alan Parkinson – Staff reviewed this application. There is adequate sewer and water capacity at this location. Within the next few weeks, the roundabout construction to the south will begin, improving traffic in this area. The stoplight on 7th S and Yellowstone will also be upgraded. The zone request matches zoning around them. Staff recommends the application to the Commission to recommend to City Council. Commissioner Questions: Eric asked about the railroad crossing; it is a real safety issue. There is a lot of traffic that funnels through the intersection. Alan said the railroad crossing and stoplight upgrade is all the same project. The contracts have been awarded and work should start in the next few weeks. 7th South will be widened with turning lanes. There are cabinet upgrades to make the stoplight work better. Eric said this area is almost built out, except the lots along the freeway. Trejo is also a bad intersection. Alan said engineers are also looking at the Trejo intersection to determine how it can be improved. Vice Chairman Haley confirmed with Alan that Keith has looked at the traffic. Vice Chairman Haley opened the public input portion of the hearing at 7:07PM. Favor: None Neutral: None Opposed: None Written Correspondence: None Rebuttal: None 7 Vice Chairman Haley asked if anyone would like to speak. He closed the public input portion of the hearing at 7:08PM. Conflict of Interest? – Vice Chairman Haley 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. Chairman Haley disclosed his wife works for the applicant, but she does not have any financial interest in the application. Commissioner Discussion: Todd says the reasons for approval are the same as the previous application request. The request fits the area with multi-family housing surrounding these parcels. The community needs the housing. The request makes good use of unimproved lots. Once the Comprehensive Plan Map change is made, the request matches the Comprehensive Plan. MOTION: Motion to recommend the City Council approve (22-00193) – 2 parcels on Handcart Ln (RPRPNRV0020010 & RPRPNRV002002A) “Palisades” – Rezone from Mixed Use (MU) to High-Density Residential 1 (HDR1), because it fits well with the surrounding uses, it is a good use of unimproved lots, and commercial would be difficult in this area. Moved by Jim Lawrence, Seconded by Todd Marx. Commissioner Discussion on the Motion: None VOTE: Motion carried by unanimous roll call vote. (Summary: Yes = 7, No = 0). Yes: Vince Haley (Vice Chair), Todd Marx, Aaron Richards, Jim Lawrence, Bruce Casper, Eric Erickson. Tabled Items: 1. (22-00100) 4 Parcels south of the Hidden Valley Subdivision PH7 & PH8 at Approx. Centennial Loop and Star View Dr. - RPRXBCA0291838, RPRXBCA0291851, and RPRXBCA0297510 – Rezone from Low-Density Residential 1 (LDR1) to Low-Density Residential 2 (LDR2). The properties are a total of 95 acres. *Applicant has requested this item be withdrawn per email 5/3/22. Permit will be closed. Vice Chairman Haley asked about future work meetings on motions and reasons on motions. Attorney Rammell said we can evaluate on May 19th. After the meeting closes, we can discuss some logistics with the meeting moving forward. Heads Up: May 19th Hearings – 1. (22-00183) – 1174 N Yellowstone Hwy – Comprehensive Plan Map change – Ray McDougal 2. (22-00182) – 1174 N Yellowstone Hwy – Rezone – Ray McDougal 8 3. (22-00092) – 302 W 3rd N – Rezone – Cy Hepworth Adjournment