HomeMy WebLinkAboutP&Z MINUTES OCTOBER 19, 2006
Planning & Zoning Minutes
October 19, 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
Joe Laird Thaine Robinson John Millar – Public Works Director
Ted Hill Dan Hanna Val Christensen – Building Official
David Stein Mike Ricks Natalie Powell – Compliance Officer
Emily Abe – Secretary
Chairman Dyer opened the meeting at 7:11 pm.
Roll Call of Planning and Zoning Commissioners
Thaine Robinson, Winston Dyer, Joe Laird, Mike Ricks, Ted Hill, David Stein
Mary Haley, Charles Andersen, Randall Porter, and Mary Ann Mounts were excused.
Minutes:
A. Planning and Zoning meeting – October 5, 2006
Thaine Robinson motioned to approve the minutes for October 5, 2006. Joe Laird seconded the motion.
David Stein abstained.
None opposed. Motion carried.
Public Hearings: None
Unfinished/Old Business:
A. Discussion on letter from Buena Vista Apartments
Stephen Zollinger pointed out the findings of facts in the Commissioners’ packets. The owner of the apartments
was contacted concerning his neighbor’s complaints about his garbage container. The Compliance Officer was
unaware that the parking had been approved previously. The letter was the applicant’s attempt to get a written
response out of the city, so the issue wouldn’t be readdressed. The findings of facts form represents an exhaustive
research of the property. Buena Vista legally exists. The City Council has made the decision that the time has come
to formalize the ordinance that will require apartment owners to contractually obligate each of their parking stalls.
A bill will be introduced to City Council that will require all apartment owners to have parking specifically assigned
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pursuant to a contract to the tenant. There will be no tenants coming to their apartments without knowing that
they either have a parking spot, or don’t have a parking spot.
Thaine Robinson asked what the bill will do to the development code. Stephen Zollinger said it will only apply to
apartments that exist and existed before 1985.
Chairman Dyer asked what will happen if we get a proposal for a new 12 unit apartment and the developer wants
to provide six (6) parking stalls and rent to six (6) tenants with cars and six (6) tenants without cars. Stephen
Zollinger said the ordinance will be very specific to apartment units that are in existence. This won’t change the
requirements for new construction.
New Business:
A.Preliminary Plat – Valley View Townhomes
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.
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Winston Dyer, with the Dyer Group at 310 North 2 East, Suite 153. He is an authorized representative for DSC
Investments, the applicant on the Valley View Townhomes subdivision. There is a zone change pending for this
property. The applicant desires to try and move forward the plat process on a roughly parallel track to the zoning
process, so it all merges together at the end. Any of the recommendations that come out of the discussions are
subject to the zone change falling into place. He pointed the property out on the map. This plat includes the entire
piece of property. It is a 4.4 acre tract. It is currently proposed to be developed into 12 lots consistent with the
LDR2 zoning that is being sought. The lot sizes are 16,000 square feet. It would go with the town home concept
so it could be split down the middle of the twin home, to be divided into 2 lots after construction. Each lot would
then be 8,000 square feet or better. With only the 12 units there, the impacts of this subdivision will be fairly minor.
There will be about 18 pupils in the school system. It would be on city utilities. There would be about 18 cars
seeking ingress or egress from the subdivision at the peek hour. The proposal is consistent with the comprehensive
plan for the area.
Winston Dyer said they would like to initially develop the front 5 lots. They have tried to protect existing utilities
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and the access for vehicles onto 2 East. The access to the lots would be onto the private roadway system. The
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sewer line would be along the east side of 2 East. Water service would be provided. He showed the proposed
plan for the utilities. For storm drainage, there is a detention basin next to the proposal. There will be sidewalk and
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gutter along 2 East. At the moment, they have sketched in another possible storm water storage basin.
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Winston Dyer said as far as the staff review comments, 2 East was dedicated when it was built 20 years ago. The
state helped the City acquire the right of way. This information will be provided to the City. The Common areas
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are intended to be private for the use of the homeowners association. The developer wants to assign a common 2
East address to the development and then sub address each unit. He said the question was raised about lot frontage
on a public street. There could be a cul de sac constructed on Tower Road and a slight reorientation of the lots to
allow three (3) of the four (4) lots to have the required 22 foot lot frontage. The other option would be to do a
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Planned Residential Development. There will be curb and gutter according to the City standard on 2 East. The
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point was made that the driveway needs to meet 2 East at a right angle. This is very well taken, and they will make
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the adjustment. The 2 East frontage will belong to the homeowner’s association, and they will be responsible for
maintaining and landscaping the roadside area.
Dan Hanna arrived at 7:39 pm.
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Joe Laird asked if any of the adjacent subdivision’s streets tie into streets on this subdivision. Winston Dyer said
they don’t. There have been negotiating with different property owners to work on this.
Joe Laird asked if the private road was 22 feet. Winston Dyer said it was 24 feet. Tower road will be constructed
to city standards.
John Millar said in the areas where lots are developing on our collector roads, without direct access onto the
collector road, there is an area left out in some circumstances. We are not getting any agreements for maintenance.
We end up getting a wall or something there, and the area becomes a weed patch. This one will surely be
landscaped. This is something that needs to addressed at some point; some way to require maintenance along the
road side.
Winston Dyer said there will be CCRs associated with this, and this will be addressed in a homeowner’s agreement.
The commission discussed maintenance of landscaping in the city right of way.
Mike Ricks asked how snow removal vehicles will turn around on the 24 foot street. He also asked if there would
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be parallel parking on 2 East in front of the units. John Millar said the road is wide enough to allow for this.
John Millar said the staff concerns have been adequately addressed.
Chairman Robinson said it is a good use of the land.
Joe Laird motioned to recommend to approve the preliminary plat for Valley View Townhomes with the
stipulation that the various staff review comments and the Commission’s concerns be addressed. David Stein
seconded the motion.
None opposed. Motion carried.
Winston Dyer was restored as chair.
Compliance:
Non controversial Items Added to the Agenda:
The Commission discussed Design Standards in the impact area. Stephen Zollinger said the last thing the County
adopted in the impact area was the first draft of Ordinance 926, which didn’t include the Design Standards. Once
Ordinance 926 is revised, we need to take it to the County and have them adopt it. The County also suggested that
during our design review process, we ask the parties to sign a formal agreement saying they will construct what has
been reviewed and agreed upon.
Chairman Dyer pointed out the information on the new Planning & Zoning Administrator. He invited the
Commissioners to read his resume and get to know him a little before he arrives. He said the City felt this
individual would be a very good fit for the community.
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A.Discussion on pages 1 through 75 of suggested Development Code Revisions
Val Christensen presented his suggested revisions to the Development Code. He pointed out the non-technical
items that would need discussion. The Commissioners discussed the following sections:
(Attachment includes the Commission’s suggested adjustments.)
DEVELOPMENT CODE - ORDINANCE 926 - SUGGESTED REVISIONS
SECTION PAGE TEXT IN QUESTION SUGGESTED MODIFICATION
Define size and density of shade trees and density
A. Parking of "low shrubs". Also the type of shrubs and shade
Areas….."landscaped strip to trees need to be defined. Planning and Zoning
3.4.150 19 be planted with shade trees" asked that the Beautification Committee be involved.
Does Commercial Lighting Create residential lighting standard. Assigned to
3.4.160 20 belong in single family zone? John Millar.
Define size and density of shade trees and density
A. Parking of "low shrubs". Also the type of shrubs and shade
Areas….."landscaped strip to trees need to be defined. Planning and Zoning
3.5.150 23 be planted with shade trees" asked that the Beautification Committee be involved.
Define size and density of shade trees and density
A. Parking of "low shrubs". Also the type of shrubs and shade
Areas….."landscaped strip to trees need to be defined. Planning and Zoning
3.6.150 27 be planted with shade trees" asked that the Beautification Committee be involved.
4500 sq. ft. with 1500 sq. ft.
for each additional dwelling Add this language to the end of the section: The
will work in the 16 units per above requirements are for the first 5 units,
acre density for the first five thereafter the entire project must meet the
units. Thereafter it violates requirements of a maximum density of 16 units per
3.7.030 30 the 16 units per acre rule. acre. Approved by the P&Z Committee
Define size and density of shade trees and density
A. Parking of "low shrubs". Also the type of shrubs and shade
Areas….."landscaped strip to trees need to be defined. Planning and Zoning
3.8.150 35 be planted with shade trees" asked that the Beautification Committee be involved.
Define size and density of shade trees and density
A. Buffers "The buffer shall of "low shrubs". Also the type of shrubs and shade
include trees and under story trees need to be defined. Planning and Zoning
3.10.150 43 of shrubs". asked that the Beautification Committee be involved.
Delete this part of the sentence. (Keep the word
3.11.030 45 "or more up to five (5) acres" acre as per P&Z Committee - see Emily)
A. "No lot or parcel of land in
the NBD zone shall have a
building or structure which
exceeds a height of two (2)
stories with a maximum of
3.13.100 55 thirty-five (35) feet." Change two (2) stories to three (3) stories.
B. "Three Story Buildings. A
three story building or
structure, not to exceed forty-
five (45) feet in height, may be
3.13.100 55 allowed …." Change "three story building" to "four story building"
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"In mixed Normal residential is not identified in the permitted
residential/commercial use and conditional use sections of the GBD zone. The
structures, the amount of only residential listed is for the elderly, or for persons
commercial area shall not with a disability. Also, there is not a section under
exceed thirty (30) percent of zone GBD that describes allowable residential
the total lot area unless there density. Either remove this section or change the
is a corresponding reduction permitted and/or conditional uses. Planning and
of residential square Zoning has asked that this be given to Mr. Leikness
3.14.035 61 footage…" for review.
B. Sideyard "at least 10 feet
when located adjacent to a Change to read "shall match the setbacks of the
3.14.080 61 residential zone" adjacent residential zone".
For residential (even mixed use), some green space
should be required. See also notes for section
3.14.035 above. Sections on mixed use
(commercial/residential) density, landscaping, etc.
are needed. I recommend a 20% of lot be left in
"green space" with at least one half identified for
"Permissible lot coverage for yard (playground, picnic etc.) space. This
mixed residential/commercial requirement should be turned over to Mr. Leikness
3.14.120 62 uses" for further review.
Add: Where CBD Zone is adjacent to the residential
zone, match residential side and rear yard
3.15.80 65 Yard Requirements requirements.
Add: "On mixed use (commercial/residential)
projects, a minimum of 20% of lot area must be put
into landscaping. One half of the required space to
be identified as yard (playground, picnic etc.)." Mr.
3.15.160 70 G. Landscaping. Reserved Leikness to make suggestions.
Add: Buildings or structures that have an occupancy
as defined by the City of Rexburg Building Code in
excess of 2500 occupants. (or whatever number is
3.27..010 136 F. SIC Code relevant)
v. (3) "sidewalks shall be
located at least six (6) feet "sidewalks shall be located an average of at least six
from the façade of the (6) feet from the façade of the building" Ok'd by the
5 162 building" P&Z Committee
The "Standard" directly below this sub-section
B. v. Standard: No more than requires that "parking areas shall be located to the
60 percent of the off-street rear of the building or screened". Remove the
parking area for the entire sentence "Parking shall be located to the rear of the
property shall be located building or screened so that it does not dominate the
5 165 between the front façade…" landscape."
B. x. (3) "sidewalks shall be
located at least six (6) feet "sidewalks shall be located an average of at least six
from the façade of the (6) feet from the façade of the building" Ok'd by the
5 166 building" P&Z Committee
This standard was not being applied by Kurt prior to
his departure. Recommend that we remove it so we
B. x. (4) "within 30' of don't have to go back and make every one put it in.
5 167 customer entrances" P&Z Ok'd to remove.
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1.2 is more than needed for manufacturing. Change
to read: "1 per employee". If the factory also sells
and has showrooms or involves the general public in
other ways, parking spaces must be added for retail,
wholesale trade etc…" See Stephen Zollinger for
5.8 175 Table 3. Manufacturing suggestion on Conditional Use.
General Notes:
4 New PUD rules need to be created in the subdivision ordinance. See John Millar
The ordinance needs a section that identifies that parking lots require a permit to build or
modify. The subdivision ordinance requires a permit for parking lots. Put in section that
5 requires parking lots to be permitted before changes.
When a single family home is converted into dormitory style housing (MDR or HDR zone) and
there is a parking lot created (usually in the rear), is the parking in the front yard
grandfathered? The ordinance states that one space is allowed to be counted in the front yard
per unit in LDR1 and LDR2 zones only. P&Z responded that the parking was not
7 grandfathered.
Could we create two new divisions of design standards? We now have Commercial over
25,000 sq. ft., Commercial under 25,000 sq. ft. and Multifamily. We need another commercial
design standard with less restrictions for areas that are not as visible to our main corridors.
Also we need a revised standard for Heavy Industrial and Warehousing. P&Z Committee will
8 take discuss. In meantime turn over to Mr. Leikness.
9 Remove Airport Hangers from consideration for design standards. P&Z Committee agrees.
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Allow for taller and larger pole signs near the Highway 20 corridor. Signs could be up to 40'
tall and twice as large as the current ordinance allows. A conditional permit would be required.
All properties located within 1000' of the Highway 20 right-of-way would be eligible. P&Z
Committee does not agree.
Could we have a conditional permit situation for reduced student parking? As an example
within 2 blocks from university boundary .7 spaces per student, 2 to 3 blocks from campus, .8
spaces per student and 3 to 4 blocks from campus .9 spaces per student. The new student
housing parking lots are not filled up. Housing complexes requesting the conditional permit
would also have to convince the P&Z Board that they have a good plan (vouchers etc.) to
control the amount of students and cars. If a complex was found to be violating it's conditional
use permit it would be revoked. Also, complexes that are currently built to the 1 space per
student ratio and are not filling up their lots could request conditional use permits. Then they
could rent out their extra spaces to the complexes that were built before the ordinances raised
the requirements. Should be a win-win situation for everyone. P&Z Committee will review
12 and come up with answer.
P&Z Committee OK'd that design standards in general should not apply to sides of backs of
13 buildings that are not clearly visible from the street.
Subdivision ordinance to be reviewed and combined with Development Code. As per the P&Z
14 Committee.
The Commission decided to discuss the rest of the suggested revisions at the next meeting (pages 76 through 240).
Stephen Zollinger pointed out a property on the map that is zoned MDR1. It was all purchased by one individual
with the purpose of building professional offices. The property was never rezoned to commercial, which was a
mistake. There are two (2) pending building permits for commercial buildings on two (2) of the lots. The area will
be proposed to be changed when the Comprehensive Plan map is amended in December. He asked if there were
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any of the Commissioners who did not believe this property should be commercial. He asked them to be tolerant
of the mistake, and allow them to process the building permits in anticipation of what they believe is going to
happen. The Commission agreed.
Report on Projects:
Tabled requests:
Building Permit Application Report:
Heads Up:
Chairman Dyer adjourned the meeting at 10:12 pm.
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