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HomeMy WebLinkAboutP&Z MINUTES JUNE 01, 2006 Planning & Zoning Minutes June 1, 2006 12 North Center Phone: 208.359.3020 www.rexburg.org Rexburg, ID 83440 Fax: 208.359.3022 Commissioners Attending: City Staff and Others: Rex Erickson – Council Member Shawn Larsen – Mayor Winston Dyer– Chairman Kurt Hibbert – P&Z Administrator Mike Ricks Thaine Robinson Emily Abe – Secretary Joe Laird Charles Andersen Dan Hanna Mary Ann Mounts David Stein Chairman Dyer opened the meeting at 7:02 pm. Roll Call of Planning and Zoning Commissioners Thaine Robinson, Charles Andersen, Winston Dyer, Mary Ann Mounts, Joe Laird, Mike Ricks, David Stein, Dan Hanna. Mary Haley, Ted Hill and Randall Porter were excused. Minutes: A. Planning and Zoning meeting – May 18, 2006 Corrections: Chairman Dyer suggested indicating “none” when no input is given during public hearings. -P. 10 – Under Chairman Dyer’s comments, add “such as safety” after “it brings up other problems.” -P. 12 – Under David Stein’s report on the Walmart building, indicate that he showed pictures where the front of the store had been made to look like several small stores in a row together. Kurt Hibbert suggested the picture of the Walmart store be placed electronically in the minutes. Mike Ricks motioned to approve the minutes for May 18, 2006 as amended. Dan Hanna seconded the motion. Charles Andersen and Thaine Robinson abstained for not having been present. None opposed. Motion carried. Public Hearings: None 1 New Business: A.Final Plat – Stonebridge Subdivision, Division 3 Chairman Dyer declared a direct conflict of interest and excused himself from the table. Charles Andersen was selected to act as chairman for this issue. Winston Dyer represented B.C. Stonebridge, LLC., the owners and developers of the proposed subdivision. He said there is really no new information to give the Commission since the presentation of the preliminary plat a few meetings ago. They have addressed one concern that is a design issue. The proposed subdivision is Phase 2, and it th lies immediately south of 7 North. After meeting with City Council on the plat, there were no other recommended changes. There was an issue brought up in the discussion on the preliminary plat. The storm drainage from the earlier phase was pooling up to the point that it could back up on the street. Currently all the storm drainage on the location drains to a little pond, and it backed up last March because it was blocked from being able to flow out. The contractor will construct a ditch over to the existing ditch to allow the water to escape without backing up. th Joe Laird said 7 North is a major arterial street, and it should have at least a fifty (50) foot half street right of way. Winston Dyer said this is correct. The City initially asked for a fifty (50) foot right of way in earlier phases of the subdivision, and that was granted. In working with the power company, he City then discovered it would be th $750,000 to relocate the major power line all along the south side of 7 North. They gave up on the idea of being able to utilize all fifty (50) feet. The City then deeded back fifteen (15) feet of that right of way to Stonebridge. In the preliminary plat, we showed the fifty (50) feet, but at the request of John Millar, they dropped the fifteen (15) feet to match what the current ownership is. They have dedicated the thirty-five (35) feet at the request of the City. Joe Laird asked if they are going to acquire more street right of way on the north side. Winston Dyer said to his knowledge, they will acquire fifty (50) feet on the north side. This would give the City a total right of way width of eighty-five (85) feet. David Stein said when Stonebridge Division 1 was approved, there was a question about the path along the river. He asked what happened to that issue. Winston Dyer said the City was never able to give the developer any direction or concrete guidance on the issue. The Madison County Greenways Committee is looking into it, and there have been some preliminary designs done. The developer has elected to table the development in the corner along the river and continue eastward with the next phases. The Commissioners discussed the widths of the streets and the radii on the curves. Kurt Hibbert said there were no technical requirements that staff felt would to hold up the plat. Thaine Robinson motioned to recommend to City Council to approve the Final Plat for Stonebridge Subdivision, Division 3. Dan Hanna seconded the motion. None opposed. Motion carried. Chairman Dyer was restored as chairman. 2 B.Final Plat – Valley View Division 6, Phase 2 Bart Stephens: 210 Nez Pierce. He handed out an overall plan of the subdivision. Franklin Drive was approved in September and is under construction right now. All the streets were preliminarily approved at once. They are now asking for final approval on Gordon Drive. It will be called Valley View Division 6, Phase 2. The Commissioners discussed the process of naming streets. Mary Ann Mounts said the names of the streets make addressing confusing when they don’t relate to each other within the subdivision. Bart Stevens said they would take this into consideration. Joe Laird said we discussed on the preliminary plat the extension of Sunrise Drive in the east-west direction across the north area where the church is and down to where the college is further west. The developer will be left with only one lot between the plat and the street. He asked if there was enough width in that street. Bart Stevens said that was done at that point under the recommendation of John Millar and Kurt Hibbert. They have left 130 feet for the corner lot, in addition to a fifty (50) foot right of way for a one hundred (100) foot right of way on that street. There is still a little bit of discussion deciding how that is coming through, so they wanted to be safe and leave the full one hundred (100) foot right of way. They will leave the full 130 foot corner so when they tie that together to th 11th, it can all be one project. Staff felt this would be a good place to stop until 11 comes through. They have gone over this with City staff. David Stein said they also discussed park space on the preliminary plat. Bart Stevens said that ended up being made available. The City is still discussing how many pocket parks we want to do. He pointed out an area that would probably become a park if anything did. The developer has made it clear they will make available whatever needs to be made available to fit within the ordinance. Chairman Dyer noted the intent of the impact fees is to cover the requirement of green park open space in the subdivision. Kurt Hibbert said it was to develop capacity directly in those neighborhoods. Chairman Dyer asked if each of the homes in the subdivision are paying the impact fee, is it still necessary for the developer to voluntarily give up ground for parks? Kurt Hibbert said the developers have no obligation at all to dedicate park land. The developers have to make the land available, but they do not have to dedicate it to the City. The commissioners discussed the impact fees. Dan Hanna asked if the roads will tie into existing roads. Bart Stevens said they will. Charles Andersen motioned to recommend to City Council to approve the Final Plat for Valley View Division 6, Phase 2. Mary Ann Mounts seconded the motion. None opposed. Motion carried. C.Georgetown Development Homeowner’s Association (Joseph Case) Kurt Hibbert said Mr. Case lives in Georgetown and is concerned that one of the requirements of that development was a homeowners’ association. This requirement has not been met. He is afraid they are receiving final approval without the required park and homeowners’ association. He feels this is dysfunctional, and would like to bring those concerns to the Commission. Mike Ricks asked if the enforcement area would be a better place to handle this issue. Chairman Dyer asked if the final plat had been signed by the City. 3 Kurt Hibbert said he could give this to Compliance Officer Natalie Powell and have her look into it. This needs to be followed up on. Chairman Dyer asked Kurt Hibbert to work on this and report back to the Commission. D.Approval of Revised Zoning Map Kurt Hibbert presented the revised Zoning Map to the Commissioners. All of the zones have been extended to the center lines of the streets so there are no white line cut out roads. This should make the map clearer and easier to use. The Commissioners indicated they are in favor of the revisions on the map. Kurt Hibbert said the City maps will be recorded with the County biannually. Unfinished/Old Business: Compliance: Chairman Dyer said Hyde Park Apartments need to be looked at for meeting their requirements. th Thaine Robinson said the Laundry Mat on 4 South appears to be all concrete. Chairman Dyer said there was a Design Review held on that building. Kurt Hibbert said there is a minimum green space requirement of ten (10) percent. The site plan that was approved demonstrated this. If they don’t live up to that, it will be an enforcement issue. Chairman Dyer said Thaine Robinson is requesting a compliance check on this issue. Thaine Robinson commented on the Dentist Office to the north of Craigo’s Pizza. He said they paved the road recently, but it almost looks like it is long enough to be a street. It looks like about fifteen (15) feet of asphalt nd without curb and gutter on the sides. He said it is unsightly from 2 East. Kurt Hibbert said it is a compliance issue. He said the parking lot and driveway were not constructed when occupancy was given. The City is very aware of this issue, and they are working on it. Kurt said he could bring back a report on the status of all the compliance issues. Mary Ann Mounts said her neighbor put up a fence around his front yard that is too high. Kurt Hibbert said this is allowed with the Planning & Zoning Commission’s approval. Kurt Hibbert pointed out a compliance issue next to Hyde Park Apartments. thth Mike Ricks asked when the City is going to require Hyde Park to clean up the corner of 7 South 5 West and finish the sidewalk. 4 Non controversial Items Added to the Agenda: A.Design Review – John Brunt Kurt Hibbert said John Brunt has a design for an industrial development for AMET in the business park. The Design Standards for the Industrial Zone are in the process of being amended. This developer does not know what the new standards may be. He needs a nod of approval on his proposed structure, understanding that it will not meet our traditional standards since it is an industrial structure. John Brunt: represented RB Constructors, who is constructing the building for AMET. AMET manufactures electronic controls that are then fitted to automated welding equipment. He said they have a large contract and the th equipment is going to be delivered on August 15, so we need to get a building up for them. He presented the plans to the Commissioners. Kurt Hibbert said this technically does not fit into our Design Standards yet. He needs the Commissioners to say whether this meets the intent of the Design Standards in the industrial zone. Chairman Dyer said the proposal fits into the Industrial Park, and the purpose of what they have there. He said there is a fairly healthy space around the perimeter that would be open for landscaping or berming possibilities. He asked if there was a willingness to do a landscaping type treatment to the property. John Brunt said anything that is not parking will be green space. John Brunt said they want to purchase the lot to the north for future expansion. There will also be some overflow parking. The Commissioners discussed the proposed plans. Charles Andersen motioned to approve the first phase of the AMET project, the 7500 square foot high bay, with the conditions that as this project moves forward, we see the landscaping improvements as discussed, and that they articulate the north side. Mary Ann Mounts seconded the motion. None opposed. Motion carried. B. Design Review – Alan Cook Alan Cook presented the plans for a new building at 1216 Stocks Avenue to the Commissioners. He said he thinks he didn’t really need the Design Standards on the south side. Chairman Dyer asked if there was some reason he could not meet the architectural requirements on the side. Alan Cook said it is a cost issue, a size issue, etc. The Commissioners discussed the plans. Mary Ann Mounts said she sympathizes with the developer, but we have to make this change to the new standards. If we make an exception here, we have nothing to stand on. We would have to make an exception for everyone. Chairman Dyer agreed. Thaine Robinson said he would rather live by the ordinance. David Stein said the problem sounds like it is not a site issue, but a cost issue. The applicant doesn’t have the rationale to apply for this. 5 Mike Ricks said there are ways for the developers to get the square footage they want and still comply with the design standards. We need to follow our guidelines. David Stein said it would be helpful for the discussion to have a starting point. At this point on this side of the building, the roof line standards are not met, the form of the building is not met, and the detailed featured standards are not met. It would be easier to be able to say we will make a change if we knew what it was going to look like. Since we don’t know what it is going to look like, we need to adhere to the standards. Thaine Robinson said the burden of proof should not be on the Planning & Zoning Commission when it comes to Design Standards. The burden of proof should be on the developer to adhere to the standards. We shouldn’t even be having this discussion. David Stein motioned to deny this particular design of the building on 1216 Stocks Ave. because the north side of the building does not meet our Design Standards for Commercial zones. Mike Ricks seconded the motion. None opposed. Motion carried. C. School District Expansion Kurt Hibbert said there is currently an auxiliary classroom structure at Lincoln School which we approved temporary placement for the last school year that has to be removed by the summer of 2007. They have elected to move it sooner than that. They would like to place it on a permanent foundation on a property adjacent to the Adams School. Mary Ann Mounts motioned to table the issue of School District Expansion until the applicant can come explain their reasoning. Charles Andersen seconded the motion. None opposed. Motion carried. Chairman Dyer asked Kurt Hibbert to inform the applicants that the Commissioners have some concerns about this proposal. This issue should be thoroughly explored and come forward with more detail for what is being proposed. Joe Laird stated his concerns with the total 85 foot right of way on the Stonebridge, Division 2 Plat. This width will not be wide enough for the required lanes of traffic and landscaping. We have gone to a very great amount of trouble to get this into our Design Standards. If we approve something different for one person, we have to for th others. This argues that we should have the 100 or 105 foot right of way along 7 North. The City may have to buy some of this right of way, but he thinks we should keep everyone to our standards. The Commissioners discussed this issue. Kurt Hibbert suggested they have John Millar discuss this issue with the Commission at the next meeting. Mayor Larsen thanked the Commission for their service. He gave an update on the Northern Interchange situation. They are currently drawing up a service agreement to go before Rexburg City Council and Sugar City City Council. The service agreement is a proposed area that can be serviced through our wastewater lines. In effect, this will outline an Impact Area, and they are calling it a Service Agreement Area. The goal will be to have both City Councils look at this agreement and then go to the County and basically mirror our Impact Area with that Service Agreement Area. This will make the County Commissioners’ job easier when both Cities are in agreement. He said 6 we are not trying to circumvent the Planning & Zoning Commission. However, this will allow both City Councils to come to an agreement that may not happen if we get all three (3) Planning & Zoning Commissions together to try to work out the Impact Area. Mike Ricks said this is the real great way to go about solving the problem. Mary Ann Mounts agreed. Chairman Dyer said the Commission is supportive of this decision. Mayor Larsen outlined the possible Service Agreement Area dimensions. Chairman Dyer thanked Mayor Larsen for his extra personal effort to try to achieve resolution on this issue. Report on Projects: A.Comprehensive Plan Kurt Hibbert said he did not have anything to discuss on this subject at this time. Tabled requests: th A. Rezone request from RR to LDR2 at 1139 East 9 North – (Mark Liebel) th Mary Ann Mounts motioned to pick up the rezone request from RR to LDR2 at 1139 East 9 North. Dan Hanna seconded the motion. None opposed. Motion carried. Chairman Dyer said the applicant has withdrawn their offer to the underlying property owner and no longer wishes to pursue this proposal. th Dan Hanna motioned to retire the rezone request from RR to LDR2 at 1139 East 9 North from the Planning & Zoning agenda and not pursue it further until the applicant requests action on the proposal. Mary Ann Mounts seconded the motion. None opposed. Motion carried. B. NAI Commerce One – Access to BYU-Idaho Coal Yard and Call Property (Melvin Rudd) Mary Ann Mounts motioned to pick up the NAI Commerce One – Access to BYU-Idaho Coal Yard and Call Property issue. Mike Ricks seconded the motion. None opposed. Motion carried. Charles Andersen declared a direct conflict of interest, where this is an issue under his jurisdiction. Thaine Robinson declared a perceived conflict of interest, where he is employed by the University. Dan Hanna declared a perceived conflict of interest, since he has been involved with some title issues on access to the property in question. The Commissioners were not opposed to Thaine Robinson or Dan Hanna being involved in the discussion. 7 Chairman Dyer said we have received indication from the applicant that they are now pursuing other avenues and other alternatives on this issue. Mary Ann Mounts motioned to remove the NAI Commerce One – Access to BYU-Idaho Coal Yard and Call Property issue item from the Planning & Zoning agenda until the applicant requests further action on the issue. David Stein seconded the motion. None opposed. Motion carried. Building Permit Application Report: Heads Up: Chairman Dyer adjourned the meeting at 9:45 pm. 8