Loading...
HomeMy WebLinkAboutP&Z MINUTES APRIL 21, 2005 ORM F EQUEST R RAVEL T P&Z LANNING ONING M INUTES 19 E. Main (PO Box 280) Phone: 208-359-3020 x326 Rexburg, Idaho 83440 Fax: 208-359-3024 www.rexburg.org comdev@rexburg.org April 21, 2005 Commissioners Attending: City Staff: Winston Dyer– Chairman Irma Andersen – Council Member Rex Erickson – Council Member Steven Zollinger – City Attorney Mary Haley Ted Hill Kurt Hibbert – P&Z Director Randall Porter Stuart Wells Bethany Caufield - Secretary Joseph Laird Thaine Robinson Mike Ricks David Stein Chairman Dyer opened the meeting at 7:10pm 1. Minutes – April 7, 2005 th Two corrections were made: 1) Ted Hill also abstained from the approval of March 17 minutes; 2) Clarification was added on page 2 under the Comprehensive Plan where Kurt reports st nd on some properties along 2 East from Main to 1 South. Chairman Dyer asked for those in favor of approving the minutes with those modifications signify by saying Aye. Aye*. Motion Chairman Dyer abstained due to his absence from the last meeting. None opposed. carried . 2. Public Hearings A. Rezone Terry Bagley – 05 00085 Terry Bagley - 423 Yale Ave. Mr. Bagley wants to rezone his property on Trejo to Technology and Office Zone (TOZ). David Stein asked if the research zone was what he was intending or if it was more for a doctor’s office. Mr. Bagley replied that the zoning they want for the two parcels fits as close as any fit for the purpose of the property. Chairman Dyer commented that the zone being requested does leave the possibility for some light industrial type uses which is more consistent with the present zoning of the property, but from what has been proposed, it appears the amenities that are available in the Professional Office Zone might fit more appropriately. Mr. Bagley said he had read about both of the zones and they did not seem much different. They will be dealing with technology so they chose TOZ. 1 Kurt Hibbert reported that the TOZ seemed to be a good transition from the Highway Business District (HBD) Zone. It seemed to be compatible. Chairman Dyer opened the public hearing portion. There was no public input. Chairman Dyer closed the public input portion. Chairman Dyer referred back to when they were changing the Comprehensive Plan and the concern with the loss of light industrial area in the city and areas where the growth of the city Chairman Dyer had outgrown where those light industrial areas were. Addressing Mr. Bagley, asked if there was another property that would have the capability of having light industrial. Mr. Bagley claimed that they do have other property but it is in the County not the City. David Stein asked if the commissioners were to change it to TOZ, what criteria would need to Kurt Hibbert be applied for the building, such as the setbacks, building height, etc. said that the intent was to have the similar setback as the HBD so all the setbacks will be adjacent to that area. Mike Ricks commented that under the TOZ, it refers to some light industrial zone, so it doesn’t seem like it would take away from the light industrial zone. Mary Haley felt more comfortable granting the rezone as Professional Office zone because there Stuart Wells are specific requirements; whereas the TOZ has not been completed yet. concurred. David Stein asked if it was tabled in order to put in some language in the TOZ, will that cause hardship. Kurt Hibbert Mr. Bagley asked if he could build on this property before this is zoned. answered that yes, he could build under the current zone. nd Randall Porter motioned to table further action. Stuart Wells 2 the motion. None opposed, motion carried. st B. Rezone 1 N Corridor Kurt Hibbert explained that Mr. Johnson is one of the applicants and will explain his situation and he (Kurt) will take over the rest of the discussion. Val Johnson - 140 N 2162 W, Rexburg. Mr. Johnson is one of three applicants to request a zone change from Residential to Neighborhood Business District for six lots located on block 34. Three lots are located just west of the Maverick, and three lots are located on the North West of stst Block 34 at the corner of 1 East and 1 North. All of the lots have been part of the City’s Comprehensive Plan for transitional commercial for many years. The Bodreros who own the lots next to Maverick, have no immediate intention of starting businesses there until the lots are houses, which are being rented out right now. On Mr. Johnson’s 3 lots, there’s a large rock house with an attached converted garage they intend to lease to Ferguson Music and convert the 2 garage to an in-home business rock house recording. They plan to purchase the other lots and make them into a parking lot to conform to City Ordinances. Randall Porter asked if there are homes on each of the lots, or if some are vacant. Mr. Johnson stnd explained that there are homes on the two lots on W 1 N, but not on N 2 E. Kurt Hibbert explained with this request, as Mr. Johnson eluded, on the Comprehensive Plan, for many years this corridor has been designated as transitioning to commercial. One of the reasons the City requested to have a public hearing was the impact of the transition of that magnitude. The City felt it was important to start looking at the whole corridor, instead of pieces st so a little bit of a time things were transitioning. Because of the request on the South side of 1 North, the City felt that immediately impacted the properties on the North side. The dark area on blocks 32, 33, and 34 are currently zoned Central Business District. Chairman Dyer said there was an application by Mr. Johnson and his partners, which then st triggered consideration of these other similar areas on 1 North. So that was a City decision then Kurt Hibbert to explore those in a public hearing. concurred. Chairman Dyer invited those who had any questions to first step forward to the microphone. st Mr. Johnson Rick Robbins – 138 N 1 E – asked who the other applicants were. answered that Mr. Bordrero and Trent walker were the two other applicants. st Scott Kent – 55 E 1 N – asked what the limitations are of the Neighborhood Business District. Kurt Hibbert read the NBD zone information in the Comprehensive Plan to explain the purpose of the NBD zone. Chairman Dyer asked for the purpose of the public, what impact this change would have on the Kurt Hibbert Residential homes. explained that there would be businesses for those residences. The biggest change would be, the continued use as those residences, it could be transitioned of the property owners into some other use. It gives some flexibility that is currently not available st to those property owners. This rezoning would send this message that 1 N corridor will be a transitioning type corridor, and over time, those residential uses would probably be transitioned elsewhere. Chairman DyerKurt Hibbert asked how the 1 acre lot requirement plays in. explained that it is to force aggregation of parcels. If the intent of the zone was to allow homes to be individually converted to have offices or other uses, then it would be precluded as far as a zone change. Chairman Dyer commented in general that someone would have to buy up enough ground to Steven Zollinger have their acre to do that. said that existing lots would not be denied a building permit on the basis of their nonconforming lots. Every existing lot could take advantage of this zone. 3 st Gretta Miller – 17 E 1 N – who lives Right across from Birch Lawn Care – asked about the noise, what would happen to the value of their property and how are taxes going to change. Steven Zollinger explained that the value of the land is unaffected as long as the use does not change on the property. Noise would be consistent with the current noise and disturbance ordinances. You are not allowed to operate any type of a business in any zone outside of the public peace hours which is from 6 am to 10 pm. stst Barbara Blazer – 75 E 1 N. She had heard a lot of talk about 1 North becoming a main thoroughfare to divert all traffic. She wanted to know what that was going to do as far as impacting them. Kurt Hibbert explained that the Comprehensive Plan many years ago identified that as a major truck route. There had been talk as late as the downtown blue print when the City went down through the downtown revitalization effort, it was identified that it would potentially in the future be good for downtown to transition much of the through traffic to that road. As a policy decision, that has not been made by the City yet. He said they do anticipate some significant st increases of traffic on 1 North regardless of any policy decisions, just based on the uses and the fact that there are more people on the other side of town driving to this side of town. st Steve Klingler – 45 E 1 N – asked if this rezoning will have an effect on him trying to sell his Kurt Hibbert home. explained that those residential uses would be grandfathered and as long as he wanted to maintain them, he could sell it as a residential home. Randall Porter asked if a home is taken down and another structure is built in its place, will that Kurt Hibbert structure come under the existing design standards. answered that in this zone, there are no design standards specifically designated yet. Chairman Dyer opened the public input portion of the meeting. In favor: Richard Ferguson – 545 Maple Dr., Rexburg. He owns Ferguson Music Company that is currently in the rock house. It affects him because he has a very small business that doesn’t really fit in any other zone. He teaches violin, viola and cello lessons that are not the main core of his business. We don’t have any loud instruments – we can’t make any noise that will be heard outside the building. He was not in favor or against the whole street being rezoned, but what has been applied for tonight is what he was concerned about. Diana Johnson – 140 N 2162 W – wife of the applicant (Val Johnson). She said they rented out before to couples. When Ferguson music, the business is such a good business for this area because when you go in the store, you hear beautiful classical music playing, and they take good care of the grounds and the inside. st Scott Kent – 55 E 1 N on block 22. He has been talking to Kurt to actually get it rezoned to the NBD zone. His son is getting ready to live there and as of the first of the year the rest of the 4 family will move in. They would like to be able to build a shop in the back to do some light countertop work. He is strongly in favor of it happening. Kurt Hibbert read a letter from Mr. Steve Bunnel – 135 Webster Ave. His father purchased the property and had always told him that it was zoned commercial. He thought the entire zone was commercial. He did some research and found that it was at one point commercial, but he did not know how it got back to residential so he supports the change to NBD. Neutral Pat Hepworth – 138 N Center. She’s not sure how she feels about it. The middle of the block (22) is undeveloped. It is just wasted space. This would take care of that problem, but also this town has got to grow sooner or later and things do have to change. Those are some things that should be considered. st Steve Klingler – 45 E 1 N. He thinks it would be great if a business wanted to come in and give us more money than our property is worth, yet I think one of the greatest fears is that this is going to get rezoned and businesses are going to get built around them and no one will want to purchase the property. st Barbara Blazer – 75 E 1 N. She is concerned with her parking. She doesn’t have a lot of parking and a business wouldn’t be able to really have any parking. She is also worried about reselling her home to a family with small children. st Grant Moedl – property between 149 and 157 E 1 N. He was concerned with any offense that had been taken due to putting up a fence. Against Susan Robbins 138 N 1st E – She was informed by the City that property values would go up. She called another city and a realtor who said the property value would not go up and it would be hard to sell. She was also concerned with not being able to continue to raise small children in such a nice block. She handed a petition to Chairman Dyer that explained why they were opposed. She was also concerned with traffic since there is a retirement home and small children all around the area. She had no objection to rezoning the block that Val Johnson suggested because she thought it was already business. st Richard Robbins – husband of Susan Robbins - 138 N 1 E. He brought up the point that people who don’t live there, with the exception of one, are for this rezone, but most people are against it. He said that the people who live there are the people who signed that petition. st Clint Miller – 17 E 1 N – He said that Rexburg has several good vacant buildings around town that could be remodeled and used. He said most people would not like noise on either side; to raise family in those conditions. He wants to keep businesses on one side of the street and keep residential housing on the other. 5 st Anthony Robbins – son of Richard and Susan Robbins –138 N 1 E. He is also concerned with the traffic. He delivered papers in the spring and has almost been hit several times at the st intersection of N Center and W 1 N. He thinks that since there are more people moving in on the other side, the NBD should be on that side. Jeff Hamblin – 132 N Center Street. He is currently trying to sell home. He is concerned with st this being the 1 domino of destruction of this community that will then sooner or later be looking at the rest of this neighborhood as it connects to K-Mart. st Greta Miller – 17 E 1 N. She was concerned that businesses might confine; the domino effect. She is concerned that if we let some in, all will come in. She is also concerned that traffic will increase. Barbara Blazer 75 E – She is neutral for rezoning block 34, but she is against rezoning the other side. st Carry Bowman – 137 N 1 E – She was concerned with the ambiguous nature of the code; no specific design standards. She feels rezoning will not benefit the neighborhood. Chairman Dyer summarized a letter written: st JD & Ann Hancock 46 W & 58 W 1 N – They indicated that when they constructed their homes they relined on the zoning ordinance that was in effect at the time and used that for guidance on how to manage their property. Since the flood, there have been very few businesses that have moved in. It mentions an abundance of other commercial property. It might shift the focus away from Main Street. They were also concerned about the traffic. Also do not feel that the NBD st zone fits the 1 N corridor. Rebuttal Val Johnson noticed that the comments made were not against his proposal, but a general argument against zoning the rest of the corridor. He just wants those properties in block 34 to be rezoned and asked that the commission keep that in mind. Chairman Dyer declared the public input portion closed and asked commissioners for thoughts and ideas. Thaine Robinson felt that traffic would be an issue regardless of what the issue is; that the David Stein neighborhood will increase in traffic no matter what happens. commented that he would hesitate to apply a zone that has not applied for a rezone. He supported the rezoning of Chairman Dyer where the applicants applied for because it fits. concurred. Stuart Wells commented that there are other mechanisms such as the prozone to do as an individual thing instead of the entire corridor because it does seem to sandwich it next to K-Mart. 6 Randall Porter asked if the commissioners did feel that the majority of the public were not opposed to changing block 34 but they are opposed to changing everything else. He explained that the people should come with a Prozone rather than having one or two people change it for Chairman Dyer everyone. answered that that is something the commission has to decide. Mike Ricks supported rezoning block 34 for right now. Thaine Robinson asked if the rezone is for block 34 or just the areas the applicants asked for. David Stein confirmed that it is for the entire Block that is not yet zoned as commercial. David Stein moved that the commissioners make a recommendation to City Council to rezone Block 34 as Neighborhood Business District and leave the other blocks [21-23] in discretion Mary Haley today as they are currently zoned. seconded the motion. Randall Porter was opposed to making this change because of the lack of language in the ordinance. David Stein had that same concern but felt that there is some credence in the language that says that shops have to be architecturally compatible with the residential neighborhood. Any project that comes forth, the design review will sit down and discuss how it fits in with the surrounding neighborhood. Randall PorterMotion carried was opposed. . C. Annexation Rexburg Motor Sports – 05 00040 Jared Burt – manager and part owner of Rexburg Motor Sports – explained that they plan to build a 50,000 sq. ft. facility that will require sprinklers for the fire code, so city services are important to them. The business hours are Monday-Friday, 9:00am-6:00pm and Saturday 9:00am -5:00pm. Kurt Hibbert reported that this parcel is contiguous to the City limit through University Ave. to the south. Chairman Dyer asked if the surrounding areas were contacted and invited to participate in the Kurt Hibbert rezone. explained that they contacted all the property owners within 600 feet and the feedback from several of them was they were not interested. Thaine RobinsonChairman Dyer asked about utilities. explained that utilities are going to be th extended from 7 S and continue down to the John Deer area. Public input portion In favor: None Neutral: None Opposed: None 7 Public input portion closed. Chairman Dyer declared a direct conflict of interest and asked Mr. Porter to assume the chairmanship to finish the discussion. Mike Ricks commented that since it is contiguous to the city property then there request for annexation is in accordance with annexation he suggested that request is granted. Mike Ricks moved that the request for this parcel to be annexed into the city with zoning of Ted Hill Community Business Center be moved forward up to City Council for approval. Motion carries Seconded the motion. None opposed. . Chairman Dyer regained the chair. 3. Unfinished/Old Business: A. Walgreen’s Design Review Report th Chairman Dyer went through the report of the Design Review that was held April 13, 2005. (Minutes attached at the end of this document). th Bob Sherry summarized things that were covered on March 30. The Site Plan is the same as th from the Meeting on the 30. There are two accesses, 57 parking stalls, 4 handicap at the door. There are niches on the sidewalk along Main Street that allow for benches and tables and chairs nd to be placed, surrounded by landscaping. There will be a bike rack located on S 2 E. Changes that have been made to implement Rexburg design standards: -Paid better attention to what is surrounding the building – the courthouse, the annex building, and the house to the east and implemented the stones used in those buildings. (He brought examples of some of the brick they will be using). -The green color has been changed to match the green throughout Rexburg. -Implemented some of the style and detail of the rooftops of buildings along Main Street for Walgreen’s roof. Comments (2) rd Richard Western – representing Redding Company – 149 E 3 S. He was concerned with having enough parking. They have about five lots in the back of their building and the County allowed them to use some of theirs. Darrel Olson – 370 Rosewood Dr. – representing Alliance Title. He had the same concern as Richard Western. Mimic the same. Chairman Dyer commented that there were two issues that needed to be addressed. st 1 – issue of signing 8 Kurt Hibbert explained that the current Sign Ordinance says pole signs are allowed, but in the new Development Ordinance, they can only be on the building. As part of Walgreen’s usual proposal, they have a standard free standing pole sign they usually install. There has been no specific decision on that. The commissioners need to make a specific decision on how to accommodate what the City was asking and balancing that with what the developer would like to do. Bob Sherry explained that he is not prepared to speak on signing tonight and would like to have a week to be as prepared as he was for the appearance of the building. Chairman Dyer asked the commissioners if they would feel comfortable having the design review board reviewing that. (Commissioners agreed). nd 2– what type of trees, bushes, etc. and what are the benches going to look like. Chairman Dyer commented that those are new things and the code does not have any language on that. There needs to be a discussion on how those mechanisms will be done. David Stein commented that he does not think the trees and the benches will be terribly controversial so if the design review looked at that and then made a recommendation to Planning & Zoning. Steven Zollinger explained that the City recently applied and became a tree city USA. Part of that process was to determine what trees will be appropriate where and they have already decided what would be appropriate for that area. Steven Zollinger recommended Mr. Kayola to contact regarding the landscaping. Thaine Robinson In regards to what to send up to City Council for consideration, suggested that the same conditions from the design review meeting be included in the motion. Mary Haley motioned to recommend that the commissioners send to the City Council the document that was written as minutes of the Design Review meeting considering the proposed Walgreen’s development with the understanding to the Council that the Commissioners considered the Walgreen’s development a one-time application for development; that there are some things that would be considered by everything uptown, but understanding that this development is on a particular piece of property that does not coincide with many other properties in Rexburg’s Downtown Business District; that they understand that the work that was done on this was done as part of a subcommittee of the Planning & Zoning committee; that the subcommittee brought their concerns and resolutions to their concerns to the Commission who felt very good about what was brought to them. The Design Review board recommends to the full Planning and Zoning Commission that the Commissioners now send the subject proposal to the City Council for consideration for approval with conditions. The conditions are listed on Mike Ricks page 5 of the Planning & Zoning Design Review Board Report. seconded the Motion carried motion. None opposed. . 9 4. New Business: 5. Non controversial Items Added to the Agenda: A. Land Use Law Update Kurt Hibbert reported on a meeting held in Boise where he was instructed by some attorneys. Some of the important points Kurt discussed with the commissioners were about nonconforming use and the term and meaning of “grandfathered”. To establish a nonconforming use, the part asserting that right must provide or establish by clear evidence that they have the right to conduct business contrary to the developed zoning ordinance. Chairman Dyer asked if that would also mean they had the responsibility to declare a nonconforming use and ask for that. It’s not necessarily the duty or responsibility of this commission to identify those and seek those out. Kurt Hibbert concurred and further explained that there are two elements that they have to satisfy: 1) the nonconforming user must show the subject property had to have been a pre- existing use before the ordinance came into effect; 2) they have to prove that it is lawful, (i.e. that it had the necessary code compliance). Some examples that can be used as documentation to verify the grandfather right are licenses, rental receipts, directories, utility bills, phone books, notarized statements, etc. Mary HaleySteve Zollinger asked when the first zoning ordinance was passed in Rexburg. answered the earliest zoning Rexburg had was in 1968. Randall Porter asked if subsequent ownership of the property changes the roles of the Kurt Hibbert grandfather right. answered that as long as the use does not change the grandfather right. Kurt Hibbert read from “The Laws of Nonconforming Uses” by William F. Nichols which said that if the use changes back and forth, (i.e. from multi-family to single family to dormitory housing and back to married housing), the grandfather rights become void. Kurt Hibbert also addressed the issue that generally a change in a nonconforming use encompasses a change in the type of activity conducted. Just as there is no constitutional right to expand a preexisting use, there is no general right to change from one nonconforming use to another. Kurt Hibbert closed with explaining that when confronted with any issue regarding a nonconforming use or structure, first, examine the applicable ordinances, and then examine the facts about the use or structure, particularly the chronology of events. 6. Tabled requests: 7. Report on Projects: 10 Chairman Dyer adjourned the meeting at 10:55pm 11