HomeMy WebLinkAboutP&Z MINUTES OCTOBER 05, 2006
Planning & Zoning Minutes
October 5, 2006
12 North Center Phone: 208.359.3020
Rexburg, ID 83440 Fax: 208.359.3022
www.rexburg.org
Commissioners Attending: City Staff and Others:
Winston Dyer – Chairman Stephen Zollinger – City Attorney
Mike Ricks Mary Ann Mounts Natalie Powell – Compliance Officer
Joe Laird Thaine Robinson Emily Abe – Secretary
Ted Hill Dan Hanna
Chairman Dyer opened the meeting at 7:05 pm.
Roll Call of Planning and Zoning Commissioners
Joe Laird, Mary Ann Mounts, Thaine Robinson, Winston Dyer, Ted Hill, Mike Ricks
Mary Haley, David Stein, Charles Andersen, and Randall Porter were excused.
Minutes:
A. Planning and Zoning meeting – September 21, 2006
Joe Laird motioned to approve the minutes for September 21, 2006. Thaine Robinson seconded the motion.
None opposed. Motion carried.
Dan Hanna arrived at 7:07 pm.
Public Hearings: None
Unfinished/Old Business:
New Business:
A.Final Plat – Rock Creek Hollow, Phase 1
The developer presented the final plat. He said the setback requirements have been met. The buildings have been
adjusted to meet the setbacks from drip line to drip line. The roadways have been widened. The main access is 30
feet wide. There were only a few staff comments on the final plat, and they have been addressed. They have met
all the Planning & Zoning requirements, along with all the staff review comments.
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Thaine Robinson asked how much of the common ground will be taken up with the electrical boxes. The
developer said the public utility easement is fenced in. The useful area is between the fence and the buildings.
Thaine Robinson asked if the jogs on the apartments meet the design standards. The developer said they have
been adjusted to meet the requirements.
Mike Ricks asked that the landscaping along the entrance ways be designed so it does not obstruct traffic view.
Ted Hill asked what provisions have been made to take care of the drainage around the property. The developer
said the Westates development has a detention pond that takes care of the 83 acres in the development. There is an
18 inch pipe along the northern edge of the property that services what used to be called Celestial Village. A pipe
system was planned for this development. Between the buildings there are gutters and catch basins to drain into the
pipes. All the internal drainage from the development ends up in the detention pond for the Westates subdivision.
Mary Ann Mounts motioned to recommend to City Council to approve the final plat for Rock Creek Hollow,
Phase 1. Ted Hill seconded the motion.
None opposed. Motion carried.
Compliance:
Chairman Dyer pointed out a letter from the owner of Buena Vista apartments. He showed an overhead view of
the property. It is a nonconforming use, as dormitory style housing. The majority of the parking for the
apartments is in the City right of way. This is a difficult situation in terms of enforcement. The owner was asked to
come forward with a proposal to come into compliance, and he presented this letter asking them to allow parking in
the City right of way. There is an effort toward possibly developing an ordinance that allows apartments to sell
contracts for housing with the agreement that the occupant would not bring a vehicle. The city is asking for
guidance for how to deal with this situation. This issue will be discussed in the next meeting.
The Commission discussed parking requirements for college apartments.
Non controversial Items Added to the Agenda:
Stephen Zollinger discussed the memo he sent to the Commissioners concerning conditional rezones. He said
conditional rezones are an available tool. We have avoided it in the past because we have not had an appropriate
tracking mechanism. We have always used a standard development agreement as part of the site plan review. The
City of Rexburg has used conditional rezoning on only a few occasions. There are times and places where a
conditional rezone will be beneficial to us. We are in much better of a situation as a City, with our permit system
and current staff, to be able to track any type of conditions. He said conditional rezones should be used when the
proposed use of the property fits, but other uses allowed in the proposed zone would not be a good fit. This would
all be put into writing. We would get the development agreement before the zone change.
The Commission discussed conditional rezones.
Report on Projects:
Tabled requests:
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A.Rezone from LDR1 to LDR2 at approximately 1085 South 2 East (DSC Investments)
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Mary Ann Mounts motioned to pick up the rezone from LDR1 to LDR2 at approximately 1085 South 2 East off
the table. Dan Hanna seconded the motion.
Chairman Dyer abstained.
None opposed. Motion carried.
Chairman Dyer declared a direct conflict of interest and excused himself from the table.
Thaine Robinson was selected to act as chair for this issue.
Chairman Robinson clarified that the only issue they are discussing is the rezone from LDR1 to LDR2 on the
proposed property. Stephen Zollinger said this is correct. He asked the Commission to disregard any pictures they
have seen of a proposed development on the property. The public hearing was completed in the previous meeting.
Since all present Commissioners were present for the public hearing, they are able to proceed with discussing the
request.
The Commission recalled the public hearing and the testimony given.
Mary Ann Mounts said the property is in a unique geographical situation, and it lends itself to this type of
development.
Ted Hill said this is a good proposal.
Mike Ricks motioned to recommend to City Council to rezone the property in question from LDR1 to LDR2.
Mary Ann Mounts seconded the motion.
None opposed. Motion carried.
Winston Dyer was restored as chair.
Building Permit Application Report:
Heads Up:
A.Discussion on pages 1 through 75 of suggested Development Code Revisions scheduled for October 19
P&Z meeting.
The Commission was asked to review the suggested revisions to pages 1 through 75 of the development code for
discussion at the next meeting. They were also asked to bring any additional revisions they would suggest to these
pages.
Chairman Dyer adjourned the meeting at 8:17 pm.
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