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
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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
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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.
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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
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$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.
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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
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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.
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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.
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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
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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.
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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.
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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
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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.
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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
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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
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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:
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A. Rezone request from RR to LDR2 at 1139 East 9 North – (Mark Liebel)
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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.
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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.
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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.
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