Loading...
HomeMy WebLinkAboutP&Z MINUTES NOVEMBER 02, 2006 Planning & Zoning Minutes November 2, 2006 12 North Center Phone: 208.359.3020 Rexburg, ID 83440 Fax: 208.359.3022 www.rexburg.org Commissioners Attending: City Staff and Others: Rex Erickson – Council Member Gary Leikness – P&Z Administrator Winston Dyer – Chairman Emily Abe – Secretary Joe Laird Thaine Robinson Ted Hill Randall Porter David Stein Mike Ricks Mary Haley Charles Andersen Chairman Dyer opened the meeting at 7:04 pm. Chairman Dyer introduced Gary Leikness, the new Planning & Zoning Administrator. Roll Call of Planning and Zoning Commissioners Thaine Robinson, Charles Andersen, Randall Porter, David Stein, Winston Dyer, Joe Laird, Mike Ricks, Ted Hill, Mary Haley Mary Ann Mounts was excused. Minutes: A. Planning and Zoning meeting – October 19, 2006 Thaine Robinson motioned to approve the minutes for October 19, 2006. Mike Ricks seconded the motion. Mary Haley, Randall Porter, and Charles Andersen abstained for having not been present. None opposed. Motion carried. Public Hearings: 7:05 pm – Conditional Use Permit at 85 Oak Avenue for a duplex – (Travis Yost) Travis Yost, 85 Oak Avenue, owner and applicant. He said he is applying for a permit to allow housing of a second family in the basement of the home. The home is already set up to have a basement apartment. It was marketed and advertised as having a basement apartment, but it did not actually have a conditional use permit. Everything needed for a basement apartment is already in place. There is off-street parking for the tenants on the left side of the property. The tenants also have their own separate entrance on the left side. There is additional parking for guests. He would like to be in compliance with the City. 1 Thaine Robinson asked what the lot size is. Travis Yost said it is about 13,340 square feet. David Stein asked how long Travis has owned this property. Travis Yost said he has owned the property since March 2006. David Stein asked if it had been previously rented. Travis Yost said it had. The whole house was vacant for about six (6) months before he purchased it. Mary Haley asked what the proposed pavement on the site plan is for. Travis Yost said it is for convenience. Mary Haley asked if there is a sidewalk along the property now. Travis Yost said there is not a sidewalk, but he would like to widen the driveway as shown at the time he puts the sidewalks in. Mary Haley asked if there is room in the garage for two (2) garbage cans. Travis Yost said there is. Chairman Dyer opened the public input portion. In favor: Travis Yost: He showed a listing from the realtor, which showed the home having a basement apartment. Terry Madsen; 535 Maple Drive. He also bought his home with the concept that apartments would be allowed. It was a retirement program. He is in favor that if the zoning allows this, and if it meets the parameters, it should be allowed to proceed. Chairman Dyer noted a letter from Ralph Thompson, and interested neighbor in favor of the proposal. Neutral: Opposed: Terry Gorton, 548 Maple Drive. He said you want people to be able to do what they want to do under most circumstances, but as Ralph Thompson already indicated, there are 18 apartments already in the neighborhood. They are getting to the point of terminal density for the tone of the neighborhood. Adding more apartments will change the tone of the neighborhood considerably. He talked about the “Tree Streets” in Provo, Utah. It reached the maximum point, and then families tried to move out. He was there as a student and saw the problems caused by this. It became pretty much a student dorm. He is afraid that this area will become like this also. He hopes that there will never be single students living in the units. He thinks single students are living in the house now. A sidewalk has not been put in yet, and the owner knows it was supposed to be put in. There have been reports of a lot of noise coming from the house. There might be a lot of legalities involved. If there has been a record of non- compliance, there is good reason to object to this proposal. Cheryl Graham; 510 Linden. The zone description for LDR2 states that it is established to protect stable neighborhoods of detached single family dwellings and the conditional uses allowed in this zone shall be compatible with single family homes. When you have single boys that constitute a family, then the situation is not stable, and may change continually. This unstable situation may turn into a boy’s dorm. These boys are not yet set in their careers, and may move often, which would mean the compliance officer would have to be continually checking on this home to see if it is in compliance. This is not a stable situation, so she requests that the Planning & Zoning Commission not give him a conditional use permit. Robert Schwartz; 501 Maple Drive. He wants to echo some of the things that have been stated. He does not want to cause contention in the neighborhood. He wishes that the status of the neighborhood be maintained. Things have changed since BYU-Idaho declared itself a 4-year university. When he first moved into the neighborhood, the college was a mile away. He was on the outskirts of town. Now, the walk from his home to the university is no longer on the outskirts of town, it is close to the university. He thinks their neighborhood is in danger of becoming 2 a dormitory type neighborhood. Some people in the neighborhood intend to apply for an up-zone. He is concerned about the current application on the basis of safety. There have been four (4) to five (5) automobiles parked on either side of the street. This is a dangerous situation for the neighborhood in that regard. He asked that the application at least be postponed until it is assured that they are in compliance with the current regulations. Kay Beck; 154 Elm. He would like to echo the thoughts that have been presented. He has no problem with a family in a home that maintains the home and rents to a family in the basement. He is completely opposed to having it just turned over to students. He would like to take a close look and keep it a family area. The house right next to them used to rent, and there was never a problem. He would hate to see it rented to a bunch of college kids. Rebuttal: Travis Yost said the basement apartment is for a single family in the basement. He apologized for the noise that has been on the property. There is a car that is almost always parked in front of his house across the street, which belongs to the owner of the house across the street from him. Other than that, it is mainly people that are just visiting. He will try to remedy this in the future. Chairman Dyer closed the public input portion. Gary Leikness reviewed the staff report. With the garage and the parking to the north, required parking would be met and not be in the setbacks. He pointed out valid points from the staff report. David Stein asked if the two (2) two-family dwellings identified in the neighborhood have conditional use permits. Gary Leikness said only two (2) homes were identified as having conditional use permits for a duplex in the neighborhood. He pointed these properties out on the map. The commissioners discussed the definition of a family. said the applicant claims to have lived in the house since March. He should have looked for a Mary Haley cement contractor before now. The sidewalks should have been put in when the ownership transferred. Also, it does not matter how the house in marketed; it is up to the applicant to find out what the conditions are. We hope our realtors would not market something that goes against the ordinances. However, it is up the applicant to look into the ordinances and regulations. Thaine Robinson declared a conflict of interest and excused himself from the table. Chairman Dyer said the definition of a family is that there are allowed two (2) subgroups, with additional members if they are related. The strictest definition of a family is that only 2 non-related people can be in a single family unit. Charles Andersen said the ordinance allows this as a conditional use. Staff has identified conditions. Randall Porter said he has been consistent in opposing outsiders upsetting existing neighborhoods for personal profit. He is against an outsider spotting an opportunity to do something in someone else’s backyard he cannot do in his own. It is like saying to someone, “I can’t keep a horse next to my home, but it looks like I can keep one next to yours. So here he is, flies and all.” David Stein said this conditional use is allowed by right, and we are charged to put conditions on the use. What was brought up in public testimony was an issue of density and safety. Staff could only find two (2) legal apartments in the area. Some may have been grandfathered. It is difficult to deny the conditional use permit based on density, because at this point, it is a single family neighborhood. This would be the third legal apartment in the 3 neighborhood. If the neighborhood wants to restrict future apartments, they should change the zone. We can certainly make it conditional upon the applicant putting a sidewalk in, and that the definition of family is adhered to. Mike Ricks said he would not be favorable of this proposal until the sidewalk is done. Mary Haley said noise was mentioned twice in public testimony. Mary Haley motioned to deny the Conditional Use Permit at 85 Oak Avenue based on the problem with noise in the neighborhood, and the applicant not having sidewalks as required. Randall Porter seconded the motion. David Stein said the issue is the use of the property, and the effect of the use on the noise. If we are going to deny it based on noise, we have to determine that the multi-family use on the property will cause noise. The other issue with the sidewalk is valid. However, if we are going to base denial on that, we need to be consistent across the board. Mary Haley said in this area, there are a lot of homes without sidewalks. However, the ownership of this property has changed, and it should have had sidewalks put in at that time. Those in favor: Those opposed: Mary Haley Chairman Dyer Randall Porter Ted Hill Mike Ricks David Stein Charles Andersen Joe Laird Motion died. Charles Andersen motioned to approve the Conditional Use Permit at 85 Oak Avenue based upon the suggested conditions provided by staff: 1- Both units shall have their own waste receptacles for trash service. 2- Trash receptacles shall not be visible form the pubic right-of-way, or adjacent property. Trash receptacles shall be placed inside the garage on days of no trash service for the site. 3-Sidewalks shall be installed to City standards along all portions of the property abutting public right-of-way. Ted Hill seconded the motion. Chairman Dyer asked Charles Andersen if he would be willing to amend his motion to include that the sidewalks be installed as a condition of certificate of occupancy, meaning that no one can exercise the conditional use permit until that is done. Also, that the definition of a family is adhered to. Third, that provision 6.13 B with regard to noise be a condition of this approval. Charles Andersen amended his motion accordingly. Ted Hill seconded. David Stein said the way to solve this problem is to change the zone. The Commission is stuck here. Randall Porter abstained. None opposed. Motion carried. Chairman Dyer said this is becoming an increased concern to many of our single family neighborhoods in Rexburg. We have, in the past, seen two (2) or three (3) neighborhoods who have applied for a zone change. 4 Unfinished/Old Business: New Business: A.Preliminary Plat – The Meadows Trever Einerson; 82 Douglas Drive, applicant and owner. They recently changed the zone of this property to MDR1. They have improved the property as they said they would. This preliminary plat is for two (2) more 4- plexes, a club house, and a park on the 1.24 acres south of The Meadows. Chairman Dyer thanked Trever for the improvements on the property. David Stein asked about the construction on the North side. Trever Einerson said these are buildings in a previous phase, and have been reviewed and issued building permits. Joe Laird asked where the existing buildings are located. Trever Einerson pointed these out on the plat. Joe Laird said when they discussed the preliminary plat for the other phase, they discussed the accessibility of fire trucks into the area on the small streets. They had discussed that there would be access into the subdivisions to the North. He said the way it is shown currently, there is very bad access. They were promised that they would get the road to the north. Trever Einerson said there has been agreement with the purchase of the property, that the roads be stubbed to the property north of them. When the property to the north is developed, they will be required to create accessibility there. This was part of the purchase agreement. Chairman Dyer said there should be a master plan submitted that shows how it all fits together. Chairman Dyer asked how the units would be sold. He said this would have to be precisely defined on the final plat. Joe Laird asked about the storm drain collection basin. Trever Einerson showed pictures of how they want to develop their storm drain collection basin. It would be part of the park area. The Commission discussed the applicable Design Standards. The building form needs to be shown on the plat, since these will be sold as town homes. The Commission discussed water lines, fire hydrants, and wheel stops on the property. David Stein motioned to approve the Preliminary Plat for The Meadows, Phase 2, with the following conditions: 1. The recommendations from staff be adhered to: a. Modify internal sidewalks to provide access from common element/open space of phase 1 to the new club house. b. Submit landscape plan. (Must address all areas of current proposed phase including but not limited to the detention pond and buffer on west side of property.) c. Wheel stops should be provided for proposed parking spaces, or sidewalk within should be increased to 6 feet to allow overhang of vehicles without preventing pedestrian activity on sidewalks. d. Approval of this preliminary plat does not constitute an approval of building cross section and floor plans as shown on plat. 2. The final plat reflect the remaining elements that need to be added to the drawing. (fire hydrants and garbage receptacles) 5 3. The building footprints reflect the outline of the building as it conforms to our multi-family design standards. Randall Porter seconded the motion. Joe Laird said he would like to see added to the motion that we expect any future preliminary plats of this area to show the public road connections into the adjacent property that will provide access to this subdivision. David Stein amended his motion to require a master plan of the entire development to be submitted with the final plat. Randall Porter seconded. None opposed. Motion carried. B. Preliminary Plat – Harvest Heights, Division 3 Richard Smith presented the preliminary plat. This is a proposed third phase of the Harvest Heights Subdivision. Thaine Robinson asked how much of an elevation drop is on the east side of the homes. Richard Smith said it varies from four (4) feet to twelve (12) feet. They added fill to a depth of about 60 feet off the road. They will require a 60 foot setback off Millhollow Road. The fill will provide a front yard for the homes. They did not add fill past the point where homes will be constructed. The homes will be constructed on undisturbed ground. They will all have full walk-out daylight basements with the main floor elevation of the house even with the road. th Joe Laird said when they developed the highway master plan for the city, 7 South was coming through here. They were dead-ending Millhollow Road against it. Richard Smith pointed out the master road plan to the commissioners. They have conformed their subdivision plan to the master road plan. Richard Smith said the eight lots to the South lend themselves to a chapel site. The intent is to build an LDS chapel th on that site. They will be coming in for a conditional use permit for a chapel. The chapel will be situation facing 7 South. Chairman Dyer asked if there is a pump station for the sewer. Richard Smith said they have been given tentative approval by staff for a temporary lift station for phase 2, until a planned permanent lift station is constructed by the City. If the eight lots become a chapel, there will not be a lift station there. The chapel will lift to the sewer at another point. Richard Smith discussed each of the staff review comments individually. He said they would construct a temporary th gravel turnaround for emergency equipment. This will be added to the plat. Lot 5 will have no access to 7 South; th John Millar has not allowed it. Lot 5 will access Millhollow Road. It is their intent to build their portion of 7 South on the north side of the street. The Commission discussed the zoning on the property and the proposed development of Millhollow Road. Chairman Dyer declared a perceived conflict of interest, in that he is employed by Richard Smith on other developments. He has no interest in this particular plat. The commissioners did not have an issue. Mary Haley motioned to recommend to City Council to approve the Preliminary Plat for Harvest Heights, Division 3 with the condition that the issues stipulated by staff are resolved. Randall Porter seconded the motion. None opposed. Motion carried. 6 Compliance: Non controversial Items Added to the Agenda: A.Discussion on pages 76 through 240 of suggested Development Code Revisions Chairman Dyer noted that Val Christensen had finished going over his concerns with the Commission. Since John Millar is not available and Gary Leikness is trying to get up to speed, we could table this issue. Charles Andersen motioned to table the discussion on pages 76 through 240 of the suggested Development Code Revisions. David Stein seconded the motion. None opposed. Motion carried. Richard Smith said when 926 was adopted, the Planning & Zoning and City Council went through a process of taking information from the old zoning ordinance and putting it in the new ordinance. A great deal of information was lost or changed in a number of the sections. Chairman Dyer asked Gary Leikness to look into the discrepancy between lot frontage and lot size in the Rural Residential 1 zone. Report on Projects: Tabled requests: Building Permit Application Report: Heads Up: Chairman Dyer adjourned the meeting at 10:12 pm. 7