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HomeMy WebLinkAboutP&Z MINUTES DECEMBER 07, 2006 Planning & Zoning Minutes December 7, 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 Gary Leikness – P&Z Administrator Randall Porter Thaine Robinson Stephen Zollinger – City Attorney Dan Hanna Charles Andersen Emily Abe – Secretary Joe Laird Mary Ann Mounts Mary Haley Thaine Robinson opened the meeting at 7:05 pm. Roll Call of Planning and Zoning Commissioners Randall Porter, Dan Hanna, Charles Andersen, Joe Laird, Thaine Robinson, Mary Ann Mounts Mike Ricks, Ted Hill, and David Stein were excused. Minutes: A. Planning and Zoning meeting – November 16, 2006 Mary Ann Mounts motioned to approve the minutes for November 16, 2006. Dan Hanna seconded the motion. Chares Andersen, Randall Porter, and Joe Laird abstained for having not been present. None opposed. Motion carried. Public Hearings: 7:05 pm – Rezone – Powell Subdivision Thaine Robinson declared a direct conflict of interest and excused himself from the table. Randall Porter was selected to act as chair. Mary Haley arrived at 7:09 pm. Gary Leikness pointed the area out on the map. He explained the zoning on the surrounding areas. He said the application here tonight is to rezone the Powell and Mickelson Subdivisions from Low Density Residential 2 to Low Density Residential 1. The City Council was approached with a petition to have this neighborhood rezoned, so the City recognized the group as a neighborhood and decided to act in behalf of them as the applicant. He went over the staff report. He pointed out the land uses that the LDR1 zone disallows. He said the Commission is here to hear the request and see if the criteria to change the zone are met, and to make a recommendation to City 1 Council. He said the area involves 34 acres, with approximately 109 tax lots. All but one of these lots are used for residential purposes. Winston Dyer arrived at 7:12 pm. Gary Leikness pointed out the Doctor’s office in the neighborhood, which would be included in the zone change. With either the LDR2 or LDR1 zone, this building will be a nonconforming use. He said this zone change conforms to the Comprehensive Plan. He said with greater restrictions, there are likely to be fewer nuisances. Winston Dyer asked how this zone change relates in sequence and timing with the pending Conditional Use Permit applications. Gary Leikness said the rezone was easier to get to the Commission, since it didn’t require more information from the neighborhood. He said the duplex situation would be disallowed with the new zoning. Those properties that are in legal conformance now will continue to be so as far as grandfathering in. The neighborhood has gotten together and has identified all the two-unit situations. We are trying to get all these properties into compliance and issue them Conditional Use Permits. This way, if the neighborhood is rezoned to LDR1, they will be allowed to continue to operate. The Conditional Use Permit requests will be heard on January 4, 2007. The applicants have applied for their Conditional Use Permits prior to any action on the Rezone. This allows them to fall under the zoning regulations at the time they applied. Even if this zone is changed to LDR1, we will hear the Conditional Use Permits in January as though they were still under the LDR2 zoning designation. Stephen Zollinger said the zone change hearing cannot get to City Council any sooner than January. The Conditional Use Permits will be heard prior to the zone change becoming effective. Acting Chairman Porter turned the chair back over to Winston Dyer. Mary Haley asked if pieces of real estate for sale at this time as possible duplexes would be covered. Gary Leikness said no, it is not about when you purchase the property, it is about when you apply for a Conditional Use Permit. Gary Leikness pointed out a letter from Ralph Thompson. He responded to the questions in the letter. Chairman Dyer opened the meeting to questions of clarification from the interested citizens in attendance. No questions were asked. Chairman Dyer opened the public input portion. In favor: Cheryl Graham, 510 Linden Avenue: In July, she and Suzi Tatum discussed the changes that were happening in their neighborhood, as they could see a shift from owner-occupied homes with apartments to rental duplexes because of the growth of BYU-Idaho. Their neighbors around them had up-zoned, and they thought it was a great idea to preserve the integrity of the neighborhood. As a matter of fact, one (1) Conditional Use Permit came before them at the last meeting, and two (2) more are going to be presented at the next meeting. This is in addition to the fifteen (15) established homes with apartments. They were not wrong in their thoughts that the neighborhood was changing. Therefore, she and Suzi called a meeting on September 26 at the Lincoln school to see if their neighbors had similar concerns. If they did, they would present the idea of up-zoning. Every person in the neighborhood was notified and signed a paper that they were notified. Those living out of town were sent a notice by mail. In the paper they gave them, each person was provided with the website where they could look and see what the changes in the zone would mean. At this meeting, Mr. Zollinger was present to answer all questions. The majority of the neighborhood was present at the meeting, and voted whether or not to up-zone. Those not present were contacted individually, either in person or by mail, to be given a chance to vote. Everyone had a voice. The result was the majority of the neighborhood wanted to up-zone, without a homeowner’s association. Then Mr. Zollinger wanted 2 to know by signature those who were in favor of up-zoning, since they chose not to be represented by an official homeowner’s association. They then again contacted every person, door to door, or called the out-of-town people, until they acquired a significant majority of the neighborhood in favor of up-zoning. Mr. Zollinger presented to the City Council a recommendation, which they approved, that the City would be the applicant for the up-zoning. She sees nothing but benefits in up-zoning to preserve their great neighborhood, in which she has lived for 22 years. She hopes the Commission will recommend to City Council to up-zone. Paul LaFollette, 106 Birch Avenue: His home is one of the already existing legal Conditional Use Permits. They rent the basement. Their home was being used as that at the time they purchased it. They appreciate the neighborhood, and have been very thrilled about the turnout and encouragement that the members of the neighborhood have been in supporting this movement. He supports and encourages this zone change for the neighborhood. He thinks it will only benefit the neighborhood and the community. Keeping this neighborhood residential is good for their children. Roy Marlowe, 142 Elm: As he has seen some neighborhoods as they mature and get older, some stay very clean, and some become very business oriented. In some areas, whole neighborhoods are taken over by rentals. They are not as a whole as well kept as when you have private ownership and pride in your own place. He has seen some maturing neighborhoods stay very beautiful and clean. Normally it is because people own those, and they take pride in that. His recommendation is that they have a nice place that has been kept up very well, and he would hate to see it deteriorate. If this means an LDR1 zone, he is for that. If the LDR2 zone could still stay very nice, then he wouldn’t be against that. He wants it to stay very nice. Suzi Tatum, 522 Linden: She and Cheryl Graham have both been involved in talking to the neighborhood about up-zoning. She concurs with everything that has been said. She would also like to tell the Commission that Gary Leikness, Emily, and Stephen Zollinger have all been very helpful and patient in answering questions and working together very well in this up-zoning procedure. She feels it is extremely important, because of the location of their neighborhood, and their proximity to BYU-Idaho. They have seen investors coming into their neighborhood and purchasing their homes as rentals. That is a concern. Since the students can walk from their neighborhood, they are seeing some impact from BYU-Idaho investors. We would like to stabilize the neighborhood as single family dwellings. She concurs with what has been said and encourages the Commission to recommend to up-zone her neighborhood. Robert Shwartz, 501 Maple: He supports the up-zoning, simply because he thinks the LDR2 zoning has failed in its objective. He has read the LDR2 zoning, and it says it is single-family residential. This has not been the case, probably because of misinterpretation of the zoning law. He feels it has been misinterpreted, and that is why they as a neighborhood have been forced to maintain the integrity of the neighborhood by requesting an up-zone. He supports it 100 percent. Neutral: Ronald Tietjen, 2650 West Highway 33: In June, his family organization purchased the home at 441 Maple Drive. They did not realize there were any zoning issues at all concerning this. He doesn’t believe that whether it is up- zoned or not, that it will affect the Conditional Use Permit they hold. They did not even realize that they had a Conditional Use Permit at the time they purchased the property. They purchased it as investment property. He was told by a resident in the area that the Conditional Use Permit they had was only good for the people who owned the property at that time. In checking with the City since, he has been assured twice that their Conditional Use Permit is good as long as the property is used as a duplex and not as a single-dwelling for more than 18 months. The reason he has chosen to remain neutral on this, is that if the affect of this zone change were to force everyone in the area to not have a duplex at all, he would feel comfortable with this concerning his property. He wants to make sure that he maintains the right to use his property as a duplex if other properties in the area are used as duplexes as well. 3 Opposed: Terry Madsen, 535 Maple Drive: He also purchased a home under the pretense that it was legally a duplex. He has applied for a Conditional Use Permit to bring it up to legal standing. He thinks there are some good reasons to keep the neighborhood LDR2. If it remains LDR2, there are many lots that won’t even have the minimum square foot lot necessary to convert if they wish to. Those that have wanted to convert have done so. He understands there are a few in the process of acquiring some land so they can have a duplex. Allowing the apartment use in the neighborhood has been beneficial to many homeowners in the area. He pointed out some families that have been benefited. If they had not had the apartment situation, they wouldn’t have been able to afford the home. There are several others like them in that situation. He said he would not have been able to move into the neighborhood without renting a part of the home. The couples that have rented from them were very nice people. They have been appreciated by the neighborhood. There are plenty of neighborhoods that are LDR1. He would like to see it remain an LDR2 zoning for future families that would like the opportunity. Charles Mickelsen, 75 Oak: He would like to see it stay the way it is. When he built his place thirty years ago, he built it with an apartment in it. He doesn’t see a need to change the zone, because most of the properties are not big enough to have two (2) units. His property is big enough. He does not see a need to change the zoning. It will not affect him, even if they do change the zoning. Written Input: Letter from Ralph Thompson, previously discussed. Chairman Dyer closed the public input portion. Mary Ann Mounts asked how much of the City is zoned LDR2. Chairman Dyer pointed out the LDR2 zoned areas in the city. Chairman Dyer made note that the neighborhood has expressed concerns about their situation. They have been proactive in trying to determine their density. They have responded to the suggestions of the Planning & Zoning Commission and City Staff in terms of doing their homework, getting organized, and contacting everyone to make it a legitimate effort. They have a majority opinion in favor. The Commission has in the past encouraged neighborhoods to get organized and determine their destiny. He is in favor of supporting their proposal. Dan Hanna said he would like to think that if something happened to him and as an alternative source of income, his family could remodel his basement into a second family dwelling. It is not unusual for people to have a need for this. This is the only item he has an issue with. Mary Ann Mounts said they cannot differentiate between owner- occupied and not. Mary Haley said we need to protect the people who live in the neighborhood. She does not think the people have and issue with owner-occupied duplexes. They are seeing that it is not owner-occupied. They are seeing rentals on the top and bottom. This concerns them. She knows that non-owner-occupied rentals are not as well kept as owner-occupied rentals. Dan Hanna said he is in favor of the zone change, but he is concerned about some people losing the opportunity to maximize the value of their property. Randall Porter said he is in favor of the proposal. He pointed out what Robert Schwartz had said that the LDR2 zone seems to have become corrupted. He read the intent of the LDR2 zone from the Zoning Ordinance. He said the zone has not been able to support stable single-family neighborhoods, as it is supposed to. This is something they will have to face again and again as BYU-Idaho continues to expand. 4 Chairman Dyer made note for future discussion of the Commission that this zone has failed to protect the neighborhood. Mary Haley said one of the things that makes an LDR2 neighborhood enticing to an investor, is that usually the homes have been well kept when they buy them. However, this is usually not the case when the homes are resold. The homes are not in the same condition as when they were purchased. We need to protect these people. They have a very nice neighborhood. Charles Andersen motioned to recommend to City Council to rezone the Powell Subdivision to Low Density Residential 1. Randall Porter seconded the motion. Charles Andersen amended his motion to include the Mickelsen Addition in the zone change. Randall Porter seconded. None opposed. Motion carried. Unfinished/Old Business: A.Comprehensive Plan Map Amendments – Preparation Gary Leikness pointed out the proposed City-initiated Comprehensive Plan Map Amendments. He asked the Commission for their input on these areas. New Business: A.Final Plat – Harvest Heights, Division 3 Emily Abe said the Public Works staff comments had all been resolved, except for the Master Plan requirement. The applicant still needs to submit a master plan. Gary Leikness said it is in compliance with the Preliminary Plat. The Commissioners discussed the possibility of a church being built on eight (8) lots of the plat, and the access of th the lots onto Millhollow Road and 7 South. Dan Hanna motioned to recommend to City Council to approve the Final Plat for Harvest Heights, Division 3 th with the condition that lots 4 and 5 do not have access onto 7 South, and that lots 5 through 8 do not access Millhollow Road, that all access be onto Twin Canyon Road, and that all of staff review comments be strictly adhered to. Charles Andersen seconded the motion. Stephen Zollinger said for legality issues, they might provide for easements across the adjoining lots, so no lots are created without access. Dan Hanna amended his motion to include the condition that easements are provided for lots 5 through 8 to Twin Canyon Road. Charles Andersen seconded. None opposed. Motion carried. 5 B. Final Plat – Sky Meadows 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. nd Winston Dyer, of The Dyer Group, 310 N. 2 E: He represented Sky Meadows Development, LLC. He pointed out the area on the map. He reported that they have completed an analysis of the storm water runoff from the subdivision. There is quite a bowl south of Poleline Road that collects and comes through a single pipeline. He pointed out where the water migrates and eventually ends. He said some of them may have observed ponding in these areas during the spring runoff. The City is concerned that the problem is not made worse by the development of this subdivision. He said they were able to quantify how much runoff comes from this area. They will need to provide for conveying the collected storm waters down through the subdivision, to the point of natural course. They have agreed to install a buried storm drainage pipeline that will follow down Wildflower Drive. They have agreed that in the near term, until there may be a better or more permanent solution, lot 1 on the plat will be dedicated for the construction of a storm water retention basin. This will hold all the water being generated by the subdivision. They do have some storm water collectors that will be in the subdivision. Normally, these are design issues that are handled after platting, but the City is concerned that if a lot must be dedicated, it should be done at the plat stage. He said a more permanent solution will likely result from some larger storm water detention ponds where Sunrise Drive is eventually going to come across. This will serve all of these properties in the area. The City is talking about a common wastewater pumping station that would also serve all these properties. They have offered in the near term to construct a small one to say that they have a solution, as a minimum. They hope that as they move into development and engineering planning, they will be able to get into a cooperative venture with some surrounding property owners and do something that is more efficient and permanent. Mary Haley asked who will be responsible for mosquito abatement. Winston Dyer said there is a homeowner’s association, and it is in the development agreement that has already been tendered to the developer, that the homeowner’s association be responsible for maintaining these storm water facilities. Joe Laird asked if Wildflower Drive and Ridgeview Drive meet any streets that the adjacent property owner intends to plat. Winston Dyer said the adjacent property is in the stage of master planning by Redrock Development. They have met with them and have established that Sunrise Drive is going to extend east and follow the terrain of the th land and come into 7 South. They have master planned a roadway coming off that to stay in the low area. They have agreed to allow that to connect. Joe Laird said lot 1 looks like a small piece of ground to be holding water for the whole area. Winston Dyer said there will be a pipeline that will be used to take what water is already generated and get it safely through the subdivision. This pond on lot 1 will pick up the additional runoff from the subdivision itself. It will be a requirement of the covenants of the subdivision that each lot be designed and constructed to retain its own runoff. This will keep the increase inflow from going on to someone else. The Commissioners discussed storm water drainage, mosquitoes, and landscaping. Winston Dyer pointed out some lots with steep slopes that will have to have their own individual sewer pump stations. He said the development agreement has been tendered to the developer, and they do not have a problem signing that. He said GIS had a problem addressing Wildflower Drive, so they will break this street off into Windsong Drive and Clover Court. There was also a comment from staff that the underlying property actually has two (2) pieces that are in differing ownerships of Mr. Smith. The plat will be signed by the new business entity that will have already purchased it from Mr. Smith and will be the owner of record at the time the plat is recorded. Mary Ann Mounts asked about access onto Poleline Road. Winston Dyer said it is the intent that the lots will not access Poleline Road. 6 The Commissioners discussed the driveways on the corner lots. The Commissioners discussed the storm water runoff and landscaping of common areas. Dan Hanna motioned to recommend to City Council to approve the Final Plat for Sky Meadows with the conditions that access be denied onto Poleline Road from any lots, onto Ridgeview Drive from Block 2 lot 1 and Block 1 Lot 5, and onto Sunny Lane from Block 1 Lot 1. In addition, we require in the development agreement that the storm water retention area be landscaped, which is identified as Block 3, Lot 1. Also, that Block 2 Lot 21 be required to be maintained in the same manner as the storm water retention area. Mary Ann Mounts seconded the motion. Dan Hanna amended his motion to add that all terms of the development agreement be fulfilled with respect to approval. Mary Ann Mounts seconded. None opposed. Motion carried. Compliance: Chairman Dyer asked that the issues of vacant lot maintenance and requirements for 3-sided lots be put on a future agenda for discussion. Mary Ann Mounts was excused at 10:26 pm. Non controversial Items Added to the Agenda: A.Rural Residential Zones – Lot Size Requirements Gary Leikness said the Willowbrook Subdivision Preliminary Plat was approved in 2004 under the Rural Residential 2 standards at the time. The front yard setback requirement was 25 feet. Currently, the Development Code calls for a 60 foot front yard setback in the RR2 zone. He asked what the intent was when the new Development Code was written, and what the setbacks should actually be. The Commissioners discussed this issue. They reached a consensus that the front yard setbacks should be 25 feet. Gary Leikness asked about Commercial screening. He said commercial developments next to residential zones are required to build a masonry wall between the two uses. He asked the Commission if this requirement was intended to be in the Development Code. The Commissioners said it was intended to be in the Development Code. Chairman Dyer said we are certainly open to discussion on the issue. He said they needed the positive separation for the areas where commercial properties abut residential properties. The Commissioners discussed the intent of this requirement. B.Letter to City Council – City/County Impact Area Administration Gary Leikness presented a draft letter for the Commissioners to review. The Commissioners discussed the letter and suggested revisions. 7 Report on Projects: Tabled requests: Building Permit Application Report: Heads Up: A. December 21 P&Z Meeting Cancelled (Merry Christmas!) B. Conditional Use Permits – Powell Subdivision C. Comprehensive Plan Amendments D. Suggested Development Code Amendments – First 1/3 of Ordinance 926 Chairman Dyer adjourned the meeting at 10:59 pm. 8