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HomeMy WebLinkAboutP&Z MINUTES JANUARY 05, 2006 ORM F EQUEST R RAVEL T P&Z LANNING ONING M INUTES 19 E. Main (PO Box 280) Phone: 208-359-3020 x326 Rexburg, Idaho 83440 Fax: 208-359-3024 www.rexburg.org planning@rexburg.org January 5, 2006 Commissioners Attending: City Staff and Others: Rex Erickson – Council Member Kurt Hibbert – P&Z Administrator Winston Dyer– Chairman JaNell Hansen – Secretary Ted Hill Mary Ann Mounts Mike Ricks Charles Andersen David Stein Thaine Robinson Joe Laird Mary Haley Randall Porter Chairman Dyer opened the meeting at 6:59 pm Roll Call Mary Ann Mounts, Randall Porter, Ted Hill, Mike Ricks, Winston Dyer, Charles Anderson, David Stein, Thaine Robinson. th 1. Minutes: December 29, 2005 minutes tabled until the January 12 meeting. Joe Laird and Mary Haley arrived at 7:04 p.m. 2. Public Hearings: st A. 7:05 P.M. – Rezone request from MDR1 to CBC at 330 West 1 South – (Interwest Cabinet) rd Presentation by Clint Galbraith, owner of Interwest Cabinets at 64 S 3 W. He would like to build a new production building and use the current production building for storage. Thaine RobinsonKurt Hibbert asked what the current zoning for the manufacturing portion is. said it is Community Business District. The existing building is located on property that is zoned commercial. The property he would like to build the new manufacturing building on is zoned MDR1. Clint Galbraith is requesting that be changed to CBC. Clint Galbraith said the property was purchased in 1997 and is currently vacant. Chairman Dyer asked Kurt Hibbert for a zoning map showing the adjacent property. The property west, north and south is zoned MDR1. Adjacent to the north is commercial as well. David Stein asked Kurt Hibbert about CBC zoning which is designated for shopping facilities with a minimum acreage of 5 Kurt Hibbert acres. responded that they haven’t gone through and changed any of the property rights for what used to be Highway Business District. So everything that was allowed in HBD is allowed in CBC. He said this is the best zone. If we were to take in a different zone, then it takes into question the rest of the block. He feels it should be consistent. David Stein asked what was located to the west. Clint Galbraith responded that there is an owner occupied house. He is negotiating to purchase the property the house is on. After that there is another house. The house after that is a rental. 1 Chairman Dyer asked why the general business district as opposed to CBC. Looks like a better fit for Kurt Hibbert the General Business District rather than the CBC. concurred. The reason he advocated CBC was solely based on the premise of the domino affect rather than have just a spot down there. Applicant just needs a commercial zone to operate his business and would be willing to take whatever zoning the commission feels is best. Mary Ann Mounts felt it would fit into light industrial. In Favor th Amy Carol, 707 S 5 W. Looking at the comprehensive plan map, the block is going to be commercial. Whether it’s CBC or GBD doesn’t matter as long as leaving it doesn’t prohibit the business of Interwest Cabinet. Neutral None Opposed None Chairman Dyer closed the public input portion. Mary Haley stated that this business has been there a long time before zoning laws were established. She doesn’t think that CBD is what we should go with. GBD is better. Mary Ann Mounts wanted to know what use it would be listed under. Carpentry is listed under CBD. She feels it should be light industrial. Kurt Hibbert said that now they have more districts to choose from whereas before there was CBD and everything else. The way the ordinance was adopted was to protect the property rights of the commercial business owners was to lay out all the uses when we transitioned the ordinance to CBC. Over time we thought they would be split out to have high to low intensities so Wall-Marts and Snowshacks aren’t side by side. That is work yet to be done. In this case, we do have a legal conforming use. If it were there I would recommend light industrial or manufacturing. Chairman Dyer said since the 926 code has been adopted, there haven’t been many applications. Randal Porter questioned why it would complicate things further to make it light industrial? Kurt Hibbert thinks it would be best to transition it to be commercial for our comprehensive plan. Randal Porter asked what they tell the next applicant who wants to bring in a commercial business in Kurt Hibbert the CBC. said the difference in this situation is that this is an existing legal conforming business. The next applicant will be a new one and you can guide him wherever you want. The zone change is in conformance for the comprehensive plan. Mary Ann Mounts said she doesn’t feel comfortable. If a use is nonconforming, and it is grandfathered in, it’s our obligation to discourage growth, because growth is limited. Either we have to make this conform or it is nonconforming. It’s barely conforming in light industrial where it says furniture. The closest thing in the CBC is carpentry, wood flooring installation. It doesn’t fit. 2 Mike Ricks didn’t think the first time that everything would be listed. For this application it should be zoned the same. The two parcels should be zoned the same. If a later date comes that we need to change the zoning that wouldn’t interfere with his business, then it should be changed. Kurt Hibbert said the applicant stated that he would not expand his manufacturing onto that site. He would only use it for storage. Steve Zollinger said it doesn’t matter which building is used for storage. If it wasn’t in Highway Business District then it isn’t allowed in CBC. You need to decide what zone you want cabinet makers need to be in. If CBC isn’t where you want them, then zone it what it should be and he can do exactly what he is asking to do. Don’t allow him to use it wrong. Mary Ann Mounts gave the example of Zollinger Construction. They wouldn’t be able to expand, they would have to move. Chairman Dyer agreed with Mary Ann Mounts. He is in favor of zoning it, but he wants to make sure it fits, is legally supported, and that the rest of the block transitions the way they had envisioned in the comprehensive plan. David SteinRandall Porter asked if this was allowed in the old HBD. said it was in the ordinance two Mary Ann Mounts years ago. said she didn’t see cabinet making anywhere Chairman Dyer referred to Section C on Page 217 and asked if anyone found where this fits in the land use table. Ted Hill asked if there were any other cabinet making shops in the city limits. Mary Haley said there was Yates Cabinets. Clint Galbraith said Majestic Woods was over across from the school offices by Mike Ricks Kmart. said Yates Cabinets was just annexed into the city at the last meeting Steve Zollinger counseled the commissioners to not try and force it into a zone. If this doesn’t fit the definition in CBC, then don’t make the mistake of calling it CBC. Chairman DyerSteve Zollinger asked for a recommendation from Steve Zollinger. responded that millwork should be in the uses and didn’t know why it had been dropped. A zone should be designated Chairman Dyer and by the railroad tracks is a great place for a millwork. asked Kurt Hibbert to include millwork in the ordinance. Randall Porter asked Clint Galbraith if he used the railroad. He responded that he didn’t. Kurt Hibbert said there is light industrial (referred to the zoning map) down the block. Light industrial follows the railroad. Chairman Dyer asked Clint Galbraith if there was a problem with tabling the issue for one or two Steve Zollinger meetings. said it might be three meetings because February 12th is the first time they can consider a comprehensive plan change. Right now the comprehensive plan foundation isn’t designed for expansion. It would be into February if you want to change it to light industrial. There may be a transitional zone, which is a commercial zone, available in light industrial and commercial. It Chairman Dyer can be added it to the ordinance which would be in two or three meetings. said that would be the case if it was a comprehensive plan change. He said there maybe a change in the ordinance to consider different uses. They want to make sure it’s legal and consistent with the transitional neighborhood. Randal Porter . Mary Ann Mounts . motioned to table issueseconded 3 otion carried. None Opposed. M nd B.7:15 P.M – Rezone request from HDR1 to CBC at 258 South 2 West – Stonegate Rexburg, LLC. (Rexburg Housing) Presentation by Kurt Hibbert – The Rexburg Housing main office is zoned High Density Residential1 (HDR1). This office needs to be brought into conformance because it is a nonconforming use at this location. A zone change would make it so their office was functioning as commercial use. Chairman DyerKurt Hibbert asked Kurt Hibbert to describe the adjacent uses. responded that north is beauty salon, south is a single student housing unit, and south of that is Taco time. West is a single student housing complex which is managed by Rexburg Housing. Chairman Dyer said they need to decide what that block is going to be Mary Haley asked if Taco Time was the only one in conformance. Kurt Hibbert said the single student house is also conforming. In Favor None Neutral None Opposed None Chairman Dyer closed the public input portion. Chairman Dyer said they zoned this anticipating HDR because of the proximity to campus. He said if it is transitioning then a zone change may be necessary. The comprehensive plan shows commercial. Thaine RobinsonKurt Hibbert felt the other nonconforming businesses should also be zoned. said parcels can’t be added, but the owners could be contacted later. David Stein Mary Haley thoughtcommercial business district would be more appropriate. concurred with David Stein. David Stein motioned to recommend to City Council to change the zoned property from HDR1 to Charles General Business District (GBD) recognizing that it is consistent with the comprehensive plan. Anderson seconded. Motion carried None Opposed. . C.7:30 P.M . – Conditional Use Permit in HDR1 to go from 24 units to 25 units per acre at Pioneer Road and Mariah Avenue. The development name is Copper Creek Development (OneWest Builders L.L.C.) Presentation by Don Christopherson with Onewest Builders, who is representing Vista Delago Partnership. They own property on Pioneer Road. They are requesting a density change from 24 to 25 units per acre. This is an apartment community for married students. The concept plan is for six, 24- 4 plex buildings and three, 12-plex buildings. There will also be a club house. The three, 12-plexes are Phase 1 of the development. There will be a total of 180 units. The proposed name is Copper Creek. th Kurt Hibbert responded that the CUP is covering two issues: 1) the density change to include the 25 unit, and 2) the approval to build a 24-plex. A CUP is required to build a 24-plex or larger. See page 37 High Density Residential (HDR1), 3.9.010. You are allowed to go up to that, but beyond that you need a CUP. Mary Haley suggested an additional sentence be added at the end of 3.9.010 to include the higher density allowance with a CUP. Mary Ann Mounts would like the parking on the inside rather than outside. Don Christopherson responded that there will be berms as a buffer. In Favor None Neutral None Opposed None Chairman Dyer closed the public input portion. David Stein said this is the time to put conditions on it if the property owners to the north were concerned about the HDR zoning. He was unsure what the proposal is now in terms of buffering. Ted Hill asked if there were high density units on east side of their property. He also asked if they were going to build a fence. Don Christopherson said yes, the Kartchner project was on the east. He said it would be a pre-cast river rock wall that will section together. There will be a parking area on that back Chairman Dyer side. They have also considered down pro lighting proposal. responded that this lighting was a requirement. Kurt Hibbert said they are well on their way to design conformance. They have copies of the code. Regular submittals of building and site plan will be done. Mary Haley motioned to grant a CUP to Copper Creek Development, with the stipulation that they comply with Article 6.13 in Chapter 6, Page 179 of the ordinance and that we understand that it is a CUP to increase 1 unit per acre. Reason being is that it doesn’t change the general atmosphere of adjoining neighbors and doesn’t create any more hazards. Mike Ricks seconded motion. Kurt Hibbert asked if the motion included the building size. Mary Haley amended the motion to stipulate that the CUP be granted with the idea that the presented concept plan be changed very little, if any, with the granting of the CUP and that the 24-plex be allowed. Mike Ricks seconded the amendment. Chairman Dyer acknowledged that the concept plan was submitted to Planning & Zoning on 1.5.2005. 5 David Stein mentioned that the concept plan doesn’t have concrete fences and he feels the motion should include that. Mary Haley amended the motion to include the developer’s idea that a pre-cast cobblestone looking fence be required on the north side of that property. Mike Ricks seconded the amendment. Motion carried None opposed. . 3. New Business: A. Concept Plan for Muir Dairy property NE of Rexburg in the Rexburg Impact Area. (Titan Development) Presentation by Nathan Brockbank 6480 S 900 E, Salt Lake City, Utah. He discussed the idea of developing the Muir property. It would be a mixture of 8000 square foot lots with garden style homes and town homes on the property. It is about seven tenths of a mile from sewer and water which would be costly to get it to the property. For that reason, they are making application for the LDR2 zone. They are intending to offer water and sewer. He wanted to know if they should go forward with the request for a zone change. They made application last month and they were advised to come tonight and show the commissioners their development plan. All are single family homes. Included in development would be playgrounds with expensive playground equipment. Also would include lots of landscaping. th Kurt Hibbert clarified that this property is by the Stonebridge subdivision on 7 north in Rexburg. The pond is owned by Gary Summers (see the map). This parcel is north of the city limits. Charles Anderson asked if the lots are 8,000 square feet because the application shows 10,000 square Chairman Dyer feet. Nathan Brockbank responded that they would be 8000. asked if there was a need Kurt Hibbert to change the zone. said that there was a conflict with density. Nathan Brockbank clarified that there would be 86, 8,000 square foot lots and 97 garden style homes, so roughly 180 homes on 50 acres. Mary Haley asked what a garden style home is. Nathan Brockbank responded that they aren’t a twin Mary Haley home. They can be attached but most are detached. said there are more attached than David Stein detached on the plan. asked for a drawing of what they will look like. Nathan Brockbank said he didn’t have one. Chairman Dyer clarified that what the applicant would like is input so he can get a feel of the commissioners concerns if it comes as an actual proposal and if there would be stipulations so they can plan better. He said if the commissioners are going to look at this kind of density they would want it on city utilities. He felt this would fit better as a planned unit development. Steve Zollinger said the Planning & Zoning Commission would make a recommendation to the county commissioners rather than to city council. Madison County doesn’t have a planning and zoning commission. Joe Laird asked Steve Zollinger what the situation was of providing services outside the city limits. Steve Zollinger said it is not a given but it is an allowance. John Millar would make a recommendation if it is in the City’s best interest. The council has authority to grant on a case by case basis. Charles Anderson asked if this would be a phased project. Nathan Brockbank said it would probably be 4 phases. Randall Porter voiced concern about the homes being complimentary to each other. He encouraged a design plan that can be worked complimentary to each other. He also noticed the distance between the 6 twin homes and the single residence homes looks like such a small distance. Nathan Brockbank responded there would be about 25 feet in each backyard so there would be 50-60 feet total between homes. David Stein mentioned the idea is to have smaller lots and larger community area. Nathan Brockbank concurred. Thaine RobinsonChairman asked if receiving services meant they would be consenting to annexation. Dyer said they would be consenting to annexation but it may or may not be annexed at that time. Kurt Hibbert said if this property were to develop that we would want to increase density to allow services out to the property. Chairman Dyer stated that the feasibility and economics of this project is the developers planning issue. There will be an appreciable cost in extending those utilities. He asked if they wanted to get a development agreement to recover the costs. Nathan Brockbank responded that the only way it will happen would to be to have a development agreement. He doesn’t fully know the cost to do this. He just wants an idea from the commissioners if the concept plan was workable or not. If not, they will go a different direction. Mary Haley said they have had some other developers come in and show us something like this and they change the zone and they decide it wasn’t feasible but the price of the property doubled over night. The commissioners aren’t looking for that. That is our hesitation. Nathan Brock responded that this property will not double because the sewer and water is so far away David Stein said he would rather do more planned unit developments than how we are doing it. In Driggs they have a huge planned unit development with very specific design criteria and it looks great. Joe LairdTed Hill if this property was in the flood zone. responded that the flood plane runs though it. Joe Laird said that would need to be looked at carefully. 4. Non controversial Items Added to the Agenda: A. Valley Wide Cooperative Sign PowerPoint presentation by Dave HoKum, CEO of Valley Wide Cooperative at 1177 E Main. This was brought to council before and he felt there was no negotiation. Since then more businesses have developed and it has grown since we brought this to the council for a variance in the sign ordinance. Unfortunately, since some businesses have been built, the current Valley Wide sign is not visible. Their plan is to put a sign up for the entire business park. The sign would say Valley Wide Co. Op., and advertise the other businesses below. The current sign is as high as current ordinance allows. They don’t think the ordinance takes into account the variation in the business community. The speed limit is faster out there than on main street. They need a sign that accommodates that flow of traffic. They are also trying to attract business off the highway. They told businesses they wanted monument signs rather than pole signs. But if they had a presentable one unit sign that would advertise all the businesses, it would service what they need to advertise. There would be one large sign rather than every business putting up its own sign. They would like a sign similar to the Teton River Village sign. But the 24 feet height limit won’t accommodate all the businesses nor will it stand out enough. If the commissioners concur then he will put together a plan and present it. If the 24 foot limit is non-negotiable, then he won’t waste his time on designing one. 7 Mary Haley felt this business has stretched its concept plan. So she is very hesitant to change any ordinance or give any variance to a company that has stretched to the limits to what was originally discussed. Dave HoKumMary Haley said he discussed this issue with the store manager. responded that this Chairman Dyer must be more than discussed because the parking doesn’t meet what was agreed upon. concurred. Mike Ricks asked how the placement fits in with the highway right of way and the site of people being able to stop behind the sidewalk before they enter on to Highway 33 for their line of sight. Dave HoKum responded that it wouldn’t be any close than what the chiropractic office is. He presented this just as a concept. Stone structure on the bottom so you could see under it. Thaine Robinson addressed the number of telephone poles that are on that road and asked if the city do Chairman something underground with those poles. He felt it was one of the causes of the problem. Dyer responded that it had been discussed and it was close to a 6 digit figure to do it. David Stein asked what size of sign they felt they needed. The ordinance says the signs can’t be taller than the tallest building. There would have to be a variance granted by City Council. Chairman Dyer said an agreement was made with Teton River Village that they wouldn’t put signage on each business. Dave HoKum responded that he didn’t foresee every circumstance. Randall Porter asked if the ordinance changed after Teton River Village put up their sign or if they Chairman Dyer requested it. responded that it was done before. Steve Zollinger said the ordinance reflects what David Stein said. The sign can’t be higher that tallest building and the maximum is 30 feet. The biggest problem for Valley Wide will be the power lines. The sign can only be 15 feet from the sag. The sag on a 60 kilovolt line is probably 5 feet and you would have to be 20 feet away from that. The Hard Hat Café sign is 3 inches away from allowed maximum and it’s not much over 24 feet. Randall Porter said that the signs are small enough that if you are going past at 45 mph you can’t read it. You can’t read the Teton River small signs now unless you are stopped. Dave HoKum responded that their sign will have half the number of signs as the Teton River sign so they will be able to be bigger. Randall Porter mentioned that the sign applications for Americinn and Stones were not approved the Kurt Hibbert way the applicant wanted. He asked Kurt if there was a workable solution. responded that he would like to see consolidation. However, the question that needs to be answered is if there is a Randall Porter reason on US 20 to treat it differently from other streets. said they wanted signage that was low profile. Mary Ann Mounts said she was against changing the height requirements based on speed limits. Her Steve Zollinger favorite cities all have small signs. said they do have the opportunity to get a 30 foot sign but it’s up to the commission. The current proposal won’t work because of the wire issue. He said there was a solution if the commission was willing to give him the option. Mary Ann Mounts said she was willing to look at a proposal. David Stein said the last sign proposal made by Valley Wide was that the Shell station sign was larger and it was hurting their business. He would look at a proposal regarding sign consolidation. Mary Haley said the only way she could approve it is if they maintain restrictions on interior pole signs. 8 Randall Porter made the suggestion to make the sign wider rather than taller. David HoKum responded that the chiropractor office blocks the view, but it could be a combination of both taller and wider. He feels he needs 30 feet maybe a little less. Steve Zollinger said Utah Power has a chart that measures the sag on the line and they can calculate it. Chairman Dyer asked the applicant if they had addressed his concerns and given the proper input. David HoKum responded that there seemed to be a lot of contention and asked what the mechanism Steve Zollinger would be to address those issues. said Natalie Powell, the enforcement officer, would set up a meeting with the Valley Wide manager to address those concerns. Chairman Dyer said enforcement had been previously sent out and issues weren’t resolved. He made reference to the bone yard out on the highway. That wasn’t the plan presented. Mike Ricks commented he is not opposed to a single sign that advertises all businesses under the 30 feet if it is located so that it doesn’t block the flow of traffic. Joe Laird said the sign at the Teton Plaza is directing traffic back into an area that has no streets. The Valley Wide is an entire subdivision with street names and everything, so they can be addressed just like any other street in town. He isn’t sure there is a need for a large sign advertising all the businesses. He would rather have monument signs rather than a large sign with smaller signs that can’t be read driving Randall Porter down the street anyway. concurred. He tends to look for the property rather than a sign. He felt it is too dangerous to try to read signs. Dave HoKum responded that he whole thing as a unit attracts attention. It needs to be designed so it beautifies. As people travel or stop they have the opportunity to read the smaller signs. They are trying to represent the business park. He doesn’t feel people will drive back there just for fun. A small sign might not catch the attention of someone driving 45 mph. He felt they needed something to draw attention. Thaine Robinson commented that gas stations typically need more signage. Chairman Dyer said the commissioners don’t have a consensus on a solution. Other applicants have asked for signage that the commissioners have made comply with the ordinance. The Teton River Plaza only added a few inches. He suggested Dave HoKum come in with some ideas of concepts. The commission has to have reasons for why they would allow a sign larger than what the ordinance allows, because others will come in and want to know why the sign was granted. B. North Annexation of Impact Area Kurt Hibbert referred to the annexation map showing the new city limits. He said the Heinz property and the Farm Service Building were left out of the annexation. Council has advised me to start processes on several islands that need to be cleaned up because they don’t like the islands. In subsequent acts they will need to be cleaned up. 5. Enforcement: David Stein asked how the lighting ordinance was being implemented. He is concerned about barn Kurt Hibbert lights (i.e. Rexburg Motor Sports and Madison County Implement). responded that it was the light trespass that was precluded. Light can be shone on the structure but not up into the sky or into the neighbor’s yard. The lighting ordinance administration is in with the Public Works Department. 9 David Stein asked Kurt if he was comfortable that public works was implementing that ordinance. Kurt Hibbert responded that he was not. Meeting adjourned at 10:20 p.m. 10